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Home My WebLink AboutSummary 15-005 final Approved_Redacted S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 1 of 32 CASE NAME: OSORIO, BENITO CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL) AGENCY: SANTA ANA POLICE DEPARTMENT LOCATION: 3100 HARVARD STREET, SANTA ANA Preliminary Investigation ....................................................................................... 1 Initial Scene Investigation/Evidence Collection ...................................................... 2 Interviews .............................................................................................................. 21 Summary of Events ................................................................................................ 23 Evidence Analysis .................................................................................................. 30 Background Information ........................................................................................ 32 PRELIMINARY INVESTIGATION 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, which occurred at 200 South Main Street, in the city of Santa Ana. GUTIERREZ requested I respond to the incident location and assist with the investigation. I arrived on scene at approximately 1415 hours. At approximately 1515 hours, Santa Ana Police Department (SAPD) Sergeant JEFF SMITH conducted a briefing regarding the known circumstances surrounding the incident for personnel involved in the investigation. ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION INVESTIGATIVE SUMMARY S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 2 of 32 The officers involved in the shooting incident were identified as:  SAPD Officer DAVID ENRIQUZ  SAPD Officer DAVID GARCIA  SAPD Officer NICOLE QUIJAS  SAPD Officer RYAN SHIFFLETT  SAPD Officer WILLIAM SWEET Subsequently, the subject involved in the shooting, later identified as, BENITO OSORIO, was transported to Western Medical Center, Santa Ana. Following the briefing, the following assignments were made:  RYAN SMITH / EDDIE NUNEZ (SAPD) - Case investigators  MIKE KENDRICK / MIKE JUDSON (SAPD) – Scene  BRUCE LINN / EVA LOPEZ (SAPD) – Hospital  CHRIS MCSHANE / CHUCK ELMS – Interviews  DEAN FULCHER / MATT MCLEOD – Canvass/Interviews  ERIC WISEMAN / RICK DIAZ – Canvass/interviews  VIVIAN TABB / SUMMER BEATLEY (SAPD) – Canvass/Interviews  SUSAN FRAZIER / JIM GARCIA (SAPD) – Canvass/Interviews The following case numbers were issued:  SAPD case 15-06456  Orange County Crime Lab (OCCL) case FR 15-06456  Orange County Coroner case 15-01178-AI INITIAL SCENE INVESTIGATION / EVIDENCE COLLECTION 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 S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 3 of 32 • BRET DORETTI Forensic Specialist Sketching • RENEE PINION Forensic Specialist Sketching. • 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: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 4 of 32 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: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 5 of 32 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 traffic 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: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 6 of 32 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: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 7 of 32 (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: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 9 of 32 • 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: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 10 of 32 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 case, 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: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 11 of 32 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. The hospital scene was described as follows: On March 11, 2015, at approximately 1555 hours, Orange County Sheriff-Coroner Investigator ELIZABETH KINNEY, OCDA Investigator BRUCE LINN, SAPD Officer DON KOZAKOWSKI, and SAPD Detective EVA LOPEZ, responded to Western Medical Center – Santa Ana. OCDA Investigator BRUCE LINN noted the following: The body of OSORIO was located in Emergency Room T1. Room T1 was a standard, large ER trauma room with a variety of medical care equipment, for the purpose of emergency and trauma patient care. OSORIO was supine on a wheeled gurney covered by a white sheet. One right running type shoe, with a pair of socks was on the gurney by the OSORIO’s feet. A silver pair of handcuffs was on OSORIO’s left wrist. OSORIO was a male Hispanic, with short hair and a slight mustache. He had a barbed wire, tribal style band tattoo with a heart around his left bicep. OSORIO had an obvious and gaping open wound to the upper left portion of his forehead. The wound was a nearly 2” diameter open hole in the upper left portion of OSORIO’s forehead. An intubation tube was inserted in the mouth and still present. Several electrocardiogram patches were attached to OSORIO’s chest. An apparent bullet wound to the left side of the OSORIO’s nose. Also visible were 3 to 4 apparent bullet wounds to OSORIO’s right elbow. KINNEY’S investigation of the body revealed numerous apparent gunshot wounds on OSORIO. The gaping 2” hole in OSORIO’s forehead appeared to be path connected to an apparent gunshot wound under OSORIO’s chin. The hole next to OSORIO’s nose appeared to S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 12 of 32 have a straight in path. There were no wounds to the back of OSORIO’s head or body. There was an apparent gunshot wound to the middle of OSORIO’s throat. When KINNEY examined that wound, she felt a bullet just inside the hole. There was a rectangular shaped open wou nd to OSORIO’s upper right chest. After examination by KINNEY, the rectangular shape was due to a thin middle piece of skin that had pulled apart. When KINNEY manipulated the middle piece of skin back together, two circular shaped holes, very close together could be seen. There was an open wound to the right side of OSORIO’s abdomen. There was an apparent bullet entrance wound just above OSORIO’s right side groin area. KINNEY collected a shoe and socks from OSORIO and bagged his hands. At approximately 1745 hours, OSORIO’s body was placed inside a white body bag sealed and tagged. OSORIO’s body was removed from the scene and transported to the Orange County Coroner’s Office. EVIDENCE COLLECTION The following items of evidence were collected by OCCL Forensic Scientist JENNIFER JARRETT at the shooting scene. The items were collected under the following evidence marker (EM) numbers: • EM #1 - One brown wallet containing California driver’s license (CDL) # , 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. S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 13 of 32 • 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 OCCL Forensic scientist PEPLOWSKI secured the doors of Vehicle #8 with evidence tape. Vehicle #8 was then transported to the OCCL. The tow truck was accompanied by Santa Ana Police Department personnel. The following items were also collected by OCCL personnel at the shooting scene: • One (1) apparent bullet fragment • Two (2) bullets • One (1) cartridge • Twelve (12) cartridge cases • Colt AR 15 rifle (S/N LEO59099) with three (3) magazines and cartridges At approximately 1634 hours, Orange County Crime Lab (OCCL) Lead Forensic Specialist ANDREW HAYES arrived at the Santa Ana Police Department and collected the following items under FR #15-43742: Officer DAVID ENRIQUEZ #3082 1. Glock, Model 22, .40 Caliber semi-automatic pistol, Serial Number: KEZ535 with weapon mounted light, Streamlight, model TLR-1. 2. One magazine from the pistol containing 12 cartridges and one cartridge from the chamber of the pistol (15 cartridge capacity magazine normally loaded with 15 cartridges with 1 cartridge in the chamber) S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 14 of 32 3. 2 magazines from magazine pouch each containing 15 (Win .40 S&W cartridges) 4. Swab of blood from left boot 5. Overall photographs of the officer 6. Taser X-26, Serial Number: X00-660707, with cartridge, Serial Number: C31008NW6 (Photographed only) 7. Smith and Wesson, Model 442-2, .38 S&W SPL +P, Serial Number: DAL2258 (Photographed only) Officer WILLIAM SWEET #1805 1. Glock, Model 22, .40 Caliber semi-automatic pistol, Serial Number: CWY048 2. One magazine from the pistol containing 12 cartridges and one cartridge from the chamber of the pistol (15 cartridge capacity magazine normally loaded with 15 cartridges with 1 cartridge in the chamber) 3. 2 magazines from magazine pouch each containing 15 (Win .40 S&W cartridges) 4. Overall photographs of the officer 5. Taser X-26, Serial Number: X00-660735, with cartridge, Serial Number: C3100h9MK (Photographed only) Officer DAVID GARCIA #3231 1. Glock, Model 22, .40 Caliber semi-automatic pistol, Serial Number: LGU499 with weapon mounted light, Streamlight, model TLR-1 2. One magazine from the pistol containing 14 cartridges and one cartridge from the chamber of the pistol (15 cartridge capacity magazine normally loaded with 15 cartridges with 1 cartridge in the chamber) 3. 2 magazines from magazine pouch each containing 15 (Win .40 S&W cartridges) 4. Overall photographs of the officer 5. Taser X-26, Serial Number: X00-658005, with cartridge, Serial Number: C3100HE7V (Photographed only) Officer NICOLE QUIJAS #2958 1. Glock, Model 22, .40 Caliber semi-automatic pistol, Serial Number: EEY356 with weapon mounted light, Streamlight, model TLR-1 S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 15 of 32 2. One magazine from the pistol containing 13 cartridges and one cartridge from the chamber of the pistol (15 cartridge capacity magazine normally loaded with 15 cartridges with 1 cartridge in the chamber) 3. 2 magazines from magazine pouch each containing 15 (Win .40 S&W cartridges) 4. Overall photographs of the officer 5. Taser X-26, Serial Number: X00-205076, with cartridges, Serial Number: T09-2282608, and T09-2204752 (Photographed only) Officer RYAN SHIFFLETT was identified as using a Colt rifle in the shooting incident. The rifle was left at the shooting scene and collected by OCCL. OCCL Lead Forensic Specialist HAYES conducted a round count and photographed the following: Officer RYAN SHIFFLETT #3264 6. Glock, Model 22, .40 Caliber semi-automatic pistol, Serial Number: LZY279 with weapon mounted light, Streamlight, model TLR-1 7. One magazine from the pistol containing 15 cartridges and one cartridge from the chamber of the pistol (15 cartridge capacity magazine normally loaded with 15 cartridges with 1 cartridge in the chamber) 8. 3 magazines from magazine pouch each containing 15 (Win .40 S&W cartridges) 9. Taser X-26, Serial Number: X00-655351, with cartridge, Serial Number: T09-2282588 10. Overall photographs of the officer Officer EDWARD DEMARCO was identified as a witness officer in the shooting incident. OCCL Lead Forensic Specialist HAYES conducted a round count and photographed the following: Officer EDWARD DEMARCO #9093 1. Glock, Model 22, .40 Caliber semi-automatic pistol, Serial Number: CWY183 2. One magazine from the pistol containing 15 cartridges and one cartridge from the chamber of the pistol 3. 2 magazines from the magazine pouch each containing 15 cartridges 4. Overall photographs of the officer S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 16 of 32 Officer MICHAEL GIBBONS was identified as a witness officer in the shooting incident. OCCL Lead Forensic Specialist HAYES conducted a round count and photographed the following: Officer MICHAEL GIBBONS #2990 1. Glock, Model 22, .40 Caliber semi-automatic pistol, Serial Number: CWY076 2. One magazine from the pistol containing 15 cartridges and one cartridge from the chamber of the pistol 3. 3 magazines from the magazine pouch each containing 15 cartridges 4. Taser X-26, Serial Number XOO-648871, with cartridge Serial Number T09-2282464 5. Overall photographs of the officer Officer ERIC MAJORS was identified as a witness officer in the shooting incident. OCCL Lead Forensic Specialist HAYES conducted a round count and photographed the following: Officer ERIC MAJORS #2666 1. Glock, Model 22, .40 Caliber semi-automatic pistol, Serial Number: CWY301 2. One magazine from the pistol containing 15 cartridges and one cartridge from the chamber of the pistol 3. 2 magazines from the magazine pouch each containing 15 cartridges 4. Taser X-26, Serial Number XOO-655364, with cartridge Serial Number T09-2282336 5. Overall photographs of the officer Officer JIM BERWANGER was identified as a witness officer in the shooting incident. OCCL Lead Forensic Specialist HAYES conducted a round count and photographed the following: Officer JIM BERWANGER #2001 1. Glock, Model 22, .40 Caliber semi-automatic pistol, Serial Number: CWY209 2. One magazine from the pistol containing 15 cartridges, and one cartridge from the chamber of the pistol 3. 2 magazines from the magazine pouch each containing 15 cartridges 4. Taser X-26, Serial Number XOO-658039, with cartridges Serial Number T09-2282173, and T07-1689105 S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 17 of 32 5. Overall photographs of the officer Sergeant DON HUMPHREY was identified as a witness officer in the shooting incident. OCCL Lead Forensic Specialist HAYES conducted a round count and photographed the following: Sergeant DON HUMPHREY #2725 1. Glock, Model 21, .45 Caliber semi-automatic pistol, Serial Number: CUN784 2. One magazine from the pistol containing 13 cartridges and one cartridge from the chamber of the pistol 3. 2 magazines from the magazine pouch each containing 13 cartridges 4. Taser X-26, Serial Number XOO-657518, with cartridges Serial Number T09-2282573 AND T09-2281264 5. Overall photographs of the officer Officer DON KOZAKOWSKI was identified as a witness officer in the shooting incident. OCCL Lead Forensic Specialist HAYES conducted a round count and photographed the following: Officer DON KOZAKOWSKI #1888 1. Glock, Model 22, .40 Caliber semi-automatic pistol, Serial Number: CWY108 2. One magazine from the pistol containing 15 cartridges and one cartridge from the chamber of the pistol 3. 2 magazines from the magazine pouch each containing 15 cartridges 4. Taser X-26, Serial Number XOO-297601, with cartridges, Serial Number C3100CMH9 and C3100HCHX 5. Overall photographs of the officer Sergeant RICHARD SHIN was identified as a witness officer in the shooting incident. OCCL Lead Forensic Specialist HAYES conducted a round count and photographed the following: Sergeant RICHARD SHIN #2386 1. Glock, Model 21, .45 Caliber semi-automatic pistol, Serial Number: CUN728 S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 18 of 32 2. One magazine from the pistol containing 13 cartridges and one cartridge from the chamber of the pistol 3. 2 magazines from the magazine pouch each containing 13 cartridges 4. Taser X-26, Serial Number XOO-653879, with cartridge Serial Number T09-2282577 5. Overall photographs of the officer There were three (3) additional witnessing officers that were interviewed by OCDA investigators, but not processed. The three officers were:  Officer SALVADOR LOPEZ #3230  Officer ROGER TOLOSA #2353  Officer SANTIAGO DIAZ #3147 A total of 248 photographs were taken of the officers by HAYES during the officer processing. On Thursday, March 12, at 0820 hours, 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, at 1520 hours, 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. On Friday, March 13, 2015, at approximately 0905 hours, Investigator BRAD TANNER attended the post mortem examination of BENITO OSORIO, at the Orange County Sheriff- Coroner Office, located at 1071 West Santa Ana Boulevard, in the city of Santa Ana. The autopsy was conducted by Forensic Pathologist ETOI DAVENPORT. Orange County Crime Lab (OCCL) Forensic Scientist JENNIFER JARRETT collected physical evidence while OCCL Forensic Specialist JEANNIE TRAN took digital photographs of the autopsy. The evidence and photographs were documented under FR# 15-43742. S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 19 of 32 At the autopsy, OCCL Forensic Scientist JARRETT collected the following evidence under FR# 15-43742:  (2) Apparent bullets  Deep muscle tissue  Biological swab from hands and fingernails  Multiple bullet fragments and jackets Following the autopsy, DAVENPORT concluded that two of the apparent bullet wounds led to internal injuries that would be considered fatal injuries. On March 18, 2015, at 0800 hours, OCDA Investigator CHRIS MCSHANE supervised the processing of OSORIO’s vehicle (Vehicle #8) at the OCCL vehicle examination area, located at 320 North Flower Street, in the city of Santa Ana. The following personnel from the Orange County Crime Lab (OCCL) completed the processing of the vehicle:  JENNIFER JARRETT Forensic Scientist Evidence collection  AIDE SAHAGUN Lead Forensic Specialist Photography, sketch  JEANNIE TRAN Lead Forensic Specialist Assist with evidence collection Examination of Vehicle #8, Toyota pick-up truck, revealed the following: There was an apparent bullet strike into the exterior driver’s door, mirror (Evidence Photo Marker A). A bullet hole was located in the exterior side of the driver’s door above, and to the left of the exterior door handle (Evidence Phot Marker B). It appeared the bullet entered the vehicle and exited the interior driver’s door panel and terminated into an unknown area inside the truck (Evidence Photo Marker B-1) S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 20 of 32 A bullet hole was located in the exterior side of the driver’s door, just below the exterior door handle (Evidence Photo Marker C). It appeared this bullet exited the interi or driver’s door panel and terminated into an unknown area inside the truck (Evidence Photo Marker C-1). A bullet entrance and exit hole was located in the window frame of the driver’s door (Evidence Photo Marker D). It appeared this bullet traveled through the door (Evidence Photo Marker D-1). The bullets termination point was unknown. A bullet hole was located on the interior door panel of the driver’s side door next to the doors locking mechanism (Evidence Photo Marker E). A bullet exit hole was located at the same location on the interior side of the driver’s door, terminating into the door panel (Evidence Photo Marker E-1 and E-2). A bullet hole was located in the left rear door, near the exterior door handle of the driver’s door (Evidence Photo Marker F). It appeared this bullet entered the vehicle and traveled through the “A” pillar (Evidence Photo Marker F -1) then through the back sides of the driver and right front passenger seats, terminating into the “B” pillar, panel cover (Evidence Photo Marker F-7) A bullet strike (skip) was located in the middle of the left rear passenger door (Evidence Photo Marker G). A bullet hole was located in the interior frame between the driver’s door and the windshield (Evidence Photo Marker H). The bullet terminated within the vehicle frame and did not exit the exterior side of the frame. The bullet left an exterior protrusion on the outside of the frame; however, this bullet was ultimately located within the interior frame itself (Evidence Photo Marker H). S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 21 of 32 A bullet hole was located in the upper left exterior portion of the trucks tailgate (Evidence Photo Marker I). The bullet terminated into and was recovered from the interior panel of the trucks bed (Evidence Photo Marker I-1). A bullet hole was located in the lower left exterior portion of the trucks tailgate (Evidence Photo Marker J). The bullet was located inside the interior left wheel well (Evidence Photo Marker J-1, J-2 and J-3). There was a bullet hole in the ceiling panel above and to the rear of t he driver’s seat (Evidence Photo Marker K). There was an exit hole at the same location, on the exterior side of the roof (Evidence Photo Marker K-1). The bullets termination point is unknown. On the center console was a box, containing 30 cartridges of “Blazer” 9mm ammunition. Further determined to be; Luger, 9mm, 115 Grain, full metal jacketed (FMJ). The “Smith and Wesson” gun case located on top of the center console contained the following information affixed to it; “Smith and Wesson,” Model #6906, 9mm, 3 ½ inch barrel and serial #VYY9444. The bed of the truck contained a pair of brown work boots and miscellaneous trash. An Orange traffic cone and several personal items, un-related to this investigation, were located throughout the vehicle. OCCL Forensic Scientist JARRETT collected the following evidence from the vehicle:  Bullet from driver side “A” pillar  9mm cartridge from the driver’s seat  9mm cartridge case from the right font passenger floor  Apparent metal fragment from the front passenger floor  Apparent bullet fragment from the left rear passenger floor  Box of 9mm CCI Blazer cartridges from the center console S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 22 of 32 OCCL Forensic Specialist SAHAGUN took (228) digital photographs of the vehicle and the contents. On March 15, 2015, at 1945 hours, OCCL Lead Forensic Specialist RYAN MCNAMARA took twenty five (25) post embalming photographs of OSORIO. INTERVIEWS: I conducted the following audio digital recorded interviews:  RYAN SHIFFLETT Police Officer, Santa Ana Police Department  WILLIAM SWEET Police Officer, Santa Ana Police Department  DAVID ENRIQUEZ Police Officer, Santa Ana Police Department  NICOLE QUIJAS Police Officer, Santa Ana Police Department  DAVID GARCIA Police Officer, Santa Ana Police Department  RUDY SARABIA Paramedic, Orange County Fire Authority  HUMBERTO SAURI Medical Doctor Orange County District Attorney Investigator CHRIS MCSHANE conducted the following audio digital recorded interviews:  ROSA OSORIO  JESUS RIVERA Orange County District Attorney Investigator DEAN FULCHER conducted the following audio digital recorded interviews:  RICHARD SHIN Sergeant, Santa Ana Police Department  SANTIAGO DIAZ Police Officer, Santa Ana Police Department  BRIAN AGUILAR  ERNESTO ASCENCIO Orange County District Attorney Investigator VIVIAN TABB conducted the following audio digital recorded interviews:  ERNESTO ASCENCIO S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 23 of 32  SALVADOR LOPEZ Police Officer, Santa Ana Police Department  ERIC MAJORS Police Officer, Santa Ana Police Department Orange County District Attorney Investigator ERIC WISEMAN conducted the following audio digital recorded interviews:  ED DEMARCO Police Officer, Santa Ana Police Department  KIMBERLY ARAYA Orange County District Attorney Investigator SUSAN FRAZIER conducted the following audio digital recorded interviews:  ROGER TOLOSA Police Officer, Santa Ana Police Department  SANTIAGO DIAZ Police Officer, Santa Ana Police Department  BRIAN AGUILAR Orange County District Attorney Investigator BRUCE LINN conducted the following audio digital recorded interviews:  DON KOZAKOWSKI Police Officer, Santa Ana Police Department  MIKE GIBBONS Police Officer, Santa Ana Police Department SUMMARY OF EVENTS During the course of this investigation, 23 interviews were conducted, and eighteen (18) additional witnesses were contacted during the supplemental canvass. After reviewing officer and witness statements, Santa Ana Police Department reports, laboratory and identification reports, communications radio traffic, incident scene photographs, and other relevant report s and materials, the following summary of events was developed as a result of this investigation: On March 11, 2015, at approximately 1251 hours, Santa Ana Police Department dispatch received multiple emergency calls requesting the police respond to the area of 819 S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 24 of 32 South Cypress Avenue, Santa Ana, regarding two males fighting. Callers reported hearing at least one (1) gunshot and one of the involved males seen armed with a handgun. Callers also reported the male seen with a gun was last seen leaving the area in a white pickup truck. Officers SANTIAGO DIAZ, MICHAEL GIBBONS, AND ERIC MAJORS were all initially dispatched to respond to the call in a code three emergency response. Officer JAMES BERWANGER, a uniformed motor officer, was in the area and first observed BENITO OSORIO driving a white Toyota pickup truck at a high rate of speed northbound on Cypress Avenue from the scene. BERWANGER advised dispatch via the radio he was following the suspect vehicle. BERWANGER followed the suspect vehicle driven by OSORIO north on Cypress Avenue to eastbound Chestnut Avenue, then south on Orange Avenue, and west on Myrtle Street towards Main Street. BERWANGER advised dispatch that OSORIO had stopped on Myrtle Street at Main Street then turned onto northbound Main Street from Myrtle Street. BERWANGER also advised dispatch over the radio the license plate, California 7X06303, of OSORIO’s vehicle, a Toyota truck. BERWANGER also advised dispatch over the radio that OSORIO was in possession of a gun. At approximately 1255 hours, OSORIO stopped his truck on Main Street, south of Pine Street, facing north in the number two (2) northbound lane of traffic. BERWANGER pulled his police motorcycle onto the east sidewalk of Main Street, south of OSORIO’s vehicle. SAPD Officers DAVID GARCIA and NICOLE QUIJAS were together driving in a marked black and white Santa Ana Police patrol car, unit 3164, and pulled behind OSORIO’s vehicle. GARCIA and QUIJAS offset their patrol unit in the number one, northbound traffic lane, in the 300 block of South Main Street. GARCIA and QUIJAS’s patrol u nit, 3164, had its red lights activated when it pulled behind OSORIO’s vehicle. S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 25 of 32 Officers WILLIAM SWEET, RYAN SHIFFLETT, DAVID ENRIQUEZ, and other uniformed Santa Ana Police officers were on scene stopping the flow of north and southbound traffic on Main Street, near OSORIO. SHIFFLETT took a position of cover behind a tree west of OSORIO, on the west side of Main Street. SHIFFLETT had a clear view to OSORIO and his vehicle, just east of SHIFFLETT’s positon. SHIFFLETT was armed with a department approved Colt AR-15 style rifle. Officer GARCIA gave several verbal commands, not using the public address system in his patrol unit, to OSORIO, in English and Spanish, ordering him to put his hands up. OSORIO was the only occupant of the Toyota truck. OSORIO would not comply with GARCIA’s commands. GARCIA believed his commands could be heard by OSORIO, who had his driver side window down. OSORIO was observed by officers (including GARCIA, QUIJAS, SWEET, ENRIQUEZ, and SHIFFLETT) armed with a handgun, while seated in the driver seat of the Toyota truck. At approximately 1257 hours, after commands in English and Spanish to put his hands up, OSORIO pointed his gun to his chin and fired one shot, self-inflicting a wound to his head. An unknown officer advised dispatch that OSORIO had shot himself, but he was still moving inside the truck. Officers SWEET, ENRIQUEZ, and DEMARCO approached OSORIO’s vehicle after he shot himself in the cab of his truck, but retreated to cover positions after seeing OSORIO alive and still conscious despite shooting himself. Emergency medical services were requested by on scene officers to respond and stage in the area. After shooting himself, OSORIO was observed using a cellular telephone, inside the cab of his pickup truck. OSORIO called his wife, ROSA OSORIO, from inside cab of his truck. OSORIO apologized to ROSA and told her he had gotten into trouble. After using the cellular telephone, S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 26 of 32 OSORIO opened the driver side door of his truck and began to exit. Officers on scene observed OSORIO exiting the truck and advised dispatch of OSORIO’s movement and his exit of his vehicle. Officers GARCIA, QUIJAS, SWEET, and ENRIQUEZ observed OSORIO exit his vehicle armed with a handgun. GARCIA was positioned behind the passenger side door of unit 3164 with QUIJAS on the driver side of that same unit and was approximately 15 feet behind OSORIO’s vehicle. Officers ENRIQEZ and SWEET were positioned east of unit 3164 behind OSORIO’s vehicle. As OSORIO exited his vehicle, he turned south to face Officers GARCIA, QUIJAS, SWEET, and ENRIQUEZ who were positioned south of OSORIO facing north. SHIFFLETT was positioned approximately sixty (60) feet west of OSORIO, behind a tree that was west of the north-south sidewalk of Main Street. SHIFFLETT had also observed OSORIO exit his truck armed with a gun in his left hand. Upon observing OSORIO raise his gun towards fellow officers, SHIFFLETT was in fear that OSORIO was going to fire at his fellow officers and feared for their safety and his own. SHIFFLETT fired five (5) rounds from his rifle at OSORIO. GARCIA and QUIJAS also observed OSORIO, now facing south towards them, raise his weapon towards them. GARCIA and QUIJAS both observed OSORIO raise his weapon and both feared for their own lives and the lives of their fellow officers on scene in the area. GARCIA fired one (1) round at OSORIO, and QUIJAS fired two (2) rounds at OSORIO. SWEET observed OSORIO exit his truck and turn south to face SWEET and fellow officers. SWEET observed OSORIO was armed with a handgun, which he believed was in his right hand. Upon observing that OSORIO was armed with a gun and had turned to face him and fellow S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 27 of 32 officers, SWEET feared for his own life, the safety of other officers, an d the civilians in the area and fired three (3) rounds at OSORIO. ENRIQUEZ was positioned on the passenger side of unit 3164, next to GARCIA. ENRIQUEZ had an unobstructed view of OSORIO and observed OSORIO exit the truck and turn south towards himself and fellow officers. ENRIQUEZ observed that OSORIO was armed with a handgun and was ignoring commands being given to him. ENRIQUEZ immediately felt threatened, by OSORIO, for his own safety, the safety of fellow officers, and civilians in the area and fired two (2) shots at OSORIO. ENRIQUEZ’s duty weapon malfunctioned after firing the second round. ENRIQUEZ corrected his malfunction, but did not fire any more rounds at OSORIO. OSORIO was struck several times and he fell to the ground next to the left rear passenger door of his vehicle, dropping his weapon. Officers approached OSORIO with the use of a ballistic shield for protection; Officer ENRIQUEZ assisted the officers on their approach to OSORIO. Upon reaching OSORIO, Officer ENRIQUEZ kicked OSORIO’s handgun away from OSORIO’s reach. At 1258 hours, Orange County Fire Authority Station 75 was dispatched to the intersection of East Pine Street at Main Street, Santa Ana, in response to a shooting victim. The following personnel were assigned to Engine 75 and were dispatched to a shooting victim at the intersection of Main Street and Pine Street, in the city of Santa Ana:  BRETT CULP Captain/Paramedic  RODOLFO SARABIA Firefighter/Paramedic  ANTHONY ACUNA Engineer  BRENT KELLY Firefighter S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 28 of 32 At approximately 1300 hours, Engine 75 arrived on scene. Upon arrival, SARABIA observed that OCFA Truck 75 was already on scene, and appeared to be assessing OSORIO. SARABIA was directed to OSORIO by personnel from Truck 75. SARABIA observed OSORIO lying face down on the driver side of a white truck. When SARABIA reached OSORIO and began to assess him, SARABIA observed a gun on the ground near the left rear tire of the truck. There was also a large amount of blood under OSORIO. SARABIA found that OSORIO had no mechanical pulse and was in full arrest. OSORIO was found to be breathing. OSORIO’s breathing was measured at eight (8) to ten (10) breaths which are considered below normal. SARABIA indicated treatment of OSORIO included providing oxygen through a valve bag mask to assist in OSORIO’s breathing. An intravenous (IV) access for hypovolemia was attempted on OSORIO’s left arm, but was unsuccessful. An interosseous (IO) line was established successfully in the left leg to administer 100ml normal saline. An occlusive dressing was applied to OSORIO’s chest to address apparent gunshot wounds. A needle thoracotomy was conducted on OSORIO’s right side chest. Three (3) doses of epinephrine were administered to OSORIO, each dosage contained one (1) milligram. At approximately 1311 hours, OSORIO was transported via Care Ambulance to Orange County Global Medical Center, located at 1001 North Tustin Avenue, Santa Ana. SARABIA and CULP continued care of OSORIO during transport that included cardio pulmonary resuscitation. OSORIO was unconscious during all treatment and made no statements. At approximately 1317 hours, OSORIO arrived at Orange County Global Medical Center, Santa Ana. SARABIA relinquished OSORIO’s care to emergency room personnel. S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 29 of 32 At approximately 1321 hours, Doctor HUMBERTO SAURI was paged to respond to the emergency room for OSORIO. Upon OSORIO’s arrival at the emergency room, SAURI observed that he had multiple gunshot wounds to the following areas of his body:  Head  Chest  Abdomen  Groin After OSORIO’s arrival, SAURI was briefed that OSORIO was asystole for approximately 10 minutes. SAURI found during an examination of OSORIO that he had no blood pressure, pulse, or respirations. SAURI further observed omentum, a layer of fat, protruding from OSORIO’s abdominal area. SAURI also recalled OSORIO had a broken arm but could not recall which arm. Based on SAURI’s observations of multiple gunshot wounds, Osorio being asystole for approximately 10 minutes prior to his arrival at the hospital, with no presence of blood pressure, pulse, or respirations SAURI concluded OSORIO was deceased and pronounced him at 1514 hours. SAPD officer, DON KOZAKOWSKI, stayed with the decedent until investigators arrived. OCDA Investigator BRUCE LINN arrived to hospital at 1435 hours. At 1545 hours, Orange County Deputy Coroner Investigator ELIZABETH KINNEY arrived at ER T1 for the Coroner’s investigation. KINNEY visually identified OSORIO using his California driver’s license. AT 1555 hours, Orange County Crime Lab Forensic Specialist RACHEL BOOTH arrived at ER T1 for photographs. S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 31 of 32 5. Colt Law Enforcement Carbine Model rifle, 5.56x45mm caliber, #LE059099 6. Smith & Wesson Model 6906 pistol, 9mm Luger caliber, #VYY9444 7. Cartridge cases and projectiles from the scene. 8. Bullet from Murray’s Hardware at #A 9. Projectiles from autopsy 10. Bullet from Parking lot of Original Mike’s. 11. Cartridge, cartridge cases, bullet and fragments from Toyota After examining the evidence, MATSUDAIRA completed a firearms examination and comparison of the firearm related to this investigation with the following results:  The four Glock pistols and the Colt rifle were test fired and all operated without malfunction.  The Smith & Wesson pistol was test fired and operated without malfunction in both single and double actions. No associations were found to the pistol in the OCBULL3T database.  The three fired cartridge cases from EM8, EM9, EM14 were determined to have been fired in the Glock pistol, #CWY048US (SWEET).  The fired cartridge case from EM10 was determined to have been fired in Glock pistol, #EEY356US (QUIJAS).  The two fired cartridge cases from EM11 and EM13 were determined to have been fired in the Glock pistol, #KEZ535 (ENRIQUEZ).  The fired cartridge case from EM12 was determined to have been fired in the Glock pistol, #LGU499 (GARCIA).  The five fired cartridge cases from EM15 were determined to have been fired in the Colt rifle, #LE059099.  The fired cartridge case from the vehicle was determined to have been fired in the Smith & Wesson pistol.  The unfired cartridge at EM7 shares features with the ammunition received with the Glock pistol, #KEZ535 (ENRIQUEZ). S.A.#15-005 Investigator: R. Smith Approved By: Date of Report:07/13/15 Date: 04/26/2016 Page 32 of 32  The bullet from the parking lot of Original Mike’s can be eliminated from being fired from any of the submitted firearms. The bullet was too damaged for entry in the OCBULL3T database.  At least seven Winchester SXT or T-Series jacketed hollow point bullets or jackets were recovered. The bullets from the scene at EM5 and EM6, the bullet from Murray’s Hardware, the bullet from the vehicle, the bullet from the right leg, and the two jackets from the neck wound and right elbow all share class characteristics with the four Glock pistols. A bullet consistent with Hornady manufacture was not recovered.  Inter-comparisons of the test fired bullets from the four Glock pistols were inconclusive. There was an insufficient quantity and quality of marks on the test fired bullets for comparison purposes. BACKGROUND INFORMATION BENITO OSORIO had a California criminal history record dating back to 2008. OSORIO’s California record revealed arrests for:  Driving under the influence of alcohol  Driving under the influence of alcohol/.08%