HomeMy WebLinkAboutOIS2023-0003 Interview of Witness - Carlos Gonzales_RedactedOrange County District Attorney
Bureau of Investigation
300 N. Flower Street, Santa Ana CA, 92703
(714) 834-3600
Special Assignment Supplemental Report
Case No.
23-001104
Report No.
SPL23-0006
Incident Activity Summary:
Report Title:Interview of Elsa Kamal
Activity Date/Time:04/07/2023 22:44
Location Activity Occurred:Santa Ana Police Department
Primary Subject:Marvin Ricardo Melgarejo
Involvement:SUBJECT
Description:Male, Hispanic, 5'10 tall, 140 lbs, thin build, straight short brown hair, brown eyes,
facial hair: mustache (thin)
DOB:1/11/2003
Age:20
Identification:Driver License:
CII Number:
Address/Resides:
Person:Frank Gomez
Involvement:MENTIONED
Employer/School:Santa Ana Police Department: 60 Civic Center Plaza, Santa Ana CA 92701
Employer/School Phone:Phone: (714) 647-5400
Person:
Involvement:WITNESS
DOB:
Age:41
Address/Resides:
Contact Info:Cell:
Digital 1)(EVIDENCE) Recovered By: Gonzales, Carlos 349
Qty. 1: Desc: Audio Interview of (Witness Interview)
Related To:, WITNESS
Item Booked:Property booked at: Orange County District Attorney - Digital Storage Hold For: Evidence
OCDA 23-001104.017 Report by Gonzales, Carlos 349 Page 1 of 2
Page 1 of 49
Case No.
23-001104
On April 7, 2023, at approximately 10:44 hours, Santa Ana Police Department (SAPD)
Detective FRANK GOMEZ and I conducted a digital audio recorded interview of
. The interview took place at the SAPD Detective interview room.
The following is a transcript of that interview:
[BEGINNING OF INTERVIEW]
GONZALES: This is Investigator CARLOS GONZALES. I'm here on Special
Assignment case number 2-3 dash 0-0-1-1-0-4. I'm at the Santa Ana
Police Department and gonna be making an interview with a female
witness by the name of . That's
Uh, first of ,. And
I'm with, uh, Detective FRANK GOMEZ, G-O-M-E-Z. And today is
Friday, April 7th at 10:44 P.M.
GOMEZ: Have a seat.
***.
SUBJECT: MELGAREJO, MARVIN
CLASSIFICATION: OFFICER INVOLVED SHOOTING (NON-FATAL)
INTERVIEW OF:
DATE & TIME: APRIL 7, 2023 / 10:44 HOURS
LOCATION: SANTA ANA POLICE DEPARTMENT, INTERVIEW ROOM
LEGEND: … Denotes pauses between words, phrases, incomplete sentences,
stammering etc. (does not indicate missing words)
*** Denotes unintelligible conversation
(SIC) Denotes precisely reproduced word
Orange County District Attorney
Bureau of Investigation
300 North Flower Street, Santa Ana CA 92701
(714) 834-3600
TRANSCRIPT
Page 2 of 49
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GOMEZ: Buenas noches.
Good evening.
Buenas noches.
Good evening.
GONZALES: Buenas noches.
Good evening.
***.
GOMEZ: Yo soy Detective GOMEZ.
I am Detective GOMEZ.
Si.
Yes.
GOMEZ: Él es el investigador, ah, GONZALES.
He is Investigator, uh, GONZALES.
Si.
Yes.
GOMEZ: Yo trabajo para la policía de Santa Ana...
I work for Santa Ana Police…
Si.
Yes.
GOMEZ: Y él trabaja para la oficina de fis-, fi-, uh, el condado de Orange *** la,
pa’ el fiscal.
And he works for the office of the Dis-, Dis-, uh, the Orange County
*** for the District Attorney.
Ajá.
Uh-huh.
Page 3 of 49
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GOMEZ: Okey. Ah, obviamente estamos, uh, investigando un incidente que
sucedió hoy, este...
Okay. Ah, obviously we are, uh, investigating an incident that
happened today, um…
Aja.
Uh-huh.
GOMEZ: ...en la tarde.
…in the evening.
Sí, yo mire.
Yes, I saw.
GOMEZ: Ah, antes de, de empezar nada más que- queremos verificar su
información, ¿okey?
Uh, before we, we start we just want to-, to verify your information,
okay?
KAMAL: Si.
Yes.
GOMEZ: ¿Cuál es, ¿cuál es su nombre completo?
What is, what is your full name?
***.
GOMEZ: Okey. (BACKGROUND NOISE). ***.
Okay. (BACKGROUND NOISE). ***.
.
GOMEZ: . Okey, ¿y cuál es su fecha del nacimiento?
Okay, and what is your date of birth?
Page 4 of 49
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GOMEZ: Okey. ¿Y cuál es su domicilio ahorita?
Okay. And what is your address right now?
GOMEZ:
Sí.
Yes.
GOMEZ: ¿Y, uh, número de teléfono?
And, uh, telephone number?
GOMEZ: ¿Okay, tiene a identificación de California?
Okay, do you have a California identification?
Sí, ***. Ahi está. *** (BACKGROUND NOISE) por esto.
Yes, ***. There it is. *** (BACKGROUND NOISE) for this.
GOMEZ: ¿Cómo?
Come again?
Si me haiga ido a lavar no estuviera en esto, pero es que yo, yo me fui a la
troca a escuchar música.
If only I had gone to the laundromat I wouldn’t be in this, but it’s that
I, I went to the truck to listen to music.
GOMEZ: Okey. Sí. No, no, no, nos, vamos a tardar. Vamos, vamos a tratar de de
hacer esto lo más rápido posible para que se vaya pa su casa.
Page 5 of 49
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Okay. Yes, no, no, we won’t take long. We’re, we’re going to try to,
to do this as fast as possible for you to go home. (SIC).
Mm-hm.
GOMEZ: Entonces ahorita vi, ahorita vive, en el ., ¿verdad?
So right now li-, right now you live at , right?
Yeah.
GOMEZ: Okay, ***. Okey, uh, ¿señora de, de ese el apellido de dónde
es?
Okay, ***. Okay, uh, , where, where is that last name
from?
GONZALES: De Pakistán.
From Pakistan.
GOMEZ: Oh, eh, en, es de Pakistán.
Oh, in, in it’s from Pakistan.
GONZALES: Gracias.
Thank you.
Mm-hm. Estaba casada con un muchacho, pero ya me separé de él.
Mm-hm. I was married to a guy but I have already separated from
him.
GOMEZ: O, okey, ¿cuál era?
Oh, okay, what was…?
Mm-hm.
GOMEZ: ¿Cuál era su apellido anterior?
What was your previous last name?
Page 6 of 49
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GOMEZ:
Sí.
Yes.
GOMEZ: Okey.
Okay.
Ya me divorcié, ya estoy en proceso de la corte.
I have divorced, I am in the court process.
GOMEZ: Okey. Entonces estaba casada. Okey. Porque sí ta, estamos hablando de
nunca, nunca he oído el apellido así. Y como de hispano, pues.
Okay. So, you were married. Okay. Because we a-, we are talking
that never, I have never heard a last name like that. And like
as Hispanic, well.
Cuando yo voy a la clínica, dice en le digo, oh.
When I go to the clinic, they say like , I say, oh.
GOMEZ: Okey. Entonces eso, eso entonces, ahora sí ya.
Okay. So that, that so, now yes, there.
Mm-hm.
GOMEZ: Cuánto tiempo tiene que se, ¿que no está con, con el señor?
How long has it been since y-, that you aren’t with the man?
Mas de un año.
More than a year.
GOMEZ: Más de un año.
More than a year?
Son como unos 13 meses.
It’s been like 13 months.
Page 7 of 49
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GOMEZ: Oh, okey. Okey, señora, mire, usted no está en problema. No, no, no.
Simplemente queremos hablar con usted...
Oh, okay. Okay, ma’am, look, you are not in a problem. No, no, no.
Simply, we want to talk to you…
Mm-hm.
GOMEZ: ...porque obviamente pasó algo. Y tenemos, tenemos entendido que usted,
usted miró algo.
…because obviously, something happened. And we have, it’s our
understanding that you, you saw something.
Si, estoy traumada.
Yes, I’m traumatized.
GOMEZ: ¿Está traumada, por qué?
You’re traumatized, why?
No sé por me asuste bien feo. Y está hablando por teléfono. Estaba oyendo
música en la troca.
I don’t know, for, I got really scared. And I was talking on the phone.
I was listening to music in the truck. (SIC).
GOMEZ: Okay, okey, sí, sí, como digo, usted no está en problema.
Okay, okay, yes, yes, like I’m saying, you are not in any problem.
Ajá.
Uh-huh.
GOMEZ: Ah, simplemente queremos o, ah, oír lo que usted miro, eso es todo.
Ah, simply, we went or, ah, hear what you saw, that’s all.
Okey.
Okay.
Page 8 of 49
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GOMEZ: Okey. Ya que, que acabemos aquí. Ah, lo vamos a llevar para su casa.
Okay. When we, when we finish here. Ah, we will take you to your
house. (SIC).
Okey.
Okay.
GOMEZ: Okey?
Okay?
Ajá.
Mm-hm.
GOMEZ: Uh, ahora vamos a empezar del, del principio. ¿Qué es lo que estaba
haciendo ahora?
Uh, now, we are going to start from the, the beginning. What was it
that you were doing today?
: Okey, yo estaba en la troca del lado dónde maneja y estaba escuchando
música.
Okay, I was in the truck on the driver’s side and I was listening to
music.
GOMEZ: ¿En qué? ¿En qué? ¿En qué troca? Perdón.
In what? In what? In what truck? Pardon.
Speaker 3: En la mía. La...
Mine. The…
GOMEZ: ¿Qué? ¿Qué?
What? What?
Tahoe, Toyota no Tahoe ***.
Tahoe, Toyota, no, Tahoe ***.
Page 9 of 49
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GOMEZ: ¿Es una Toyota?
It’s a Toyota?
Sí, la que ahí estaba la esquina parqueada.
Yes, the one that was there parked in the corner.
GOMEZ: ¿Okey, sabe el modelo de la Toyota?
Okay, do you know the model of the Toyota?
Toyota, four by four.
GOMEZ: ¿Okey, qué color es?
Okay, what color is it?
: Tahoe. Gris.
Tahoe. Gray.
GOMEZ: Gris? ¿Y usted la dueña?
Gray? And you’re the owner?
Sí.
Yes.
GOMEZ: ¿Esta a su nombre?
It’s under your name?
Sí.
Yes.
GOMEZ: Okey.
Okay.
Porque yo tengo la placa de discapacitada.
Because I have the disabled plate.
GOMEZ: Ajá.
Mm-hm.
Page 10 of 49
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Ajá. Porque tengo ataque de epilepsia y ***, seizures todo. *** ataque de
epilepsia.
Mm-hm. Because I have epilepsy attack and ***, seizures, everything.
*** epilepsy attack.
GOMEZ: ¿Habla inglés, usted?
Do you speak English?
Yeah.
GOMEZ: Oh, she speaks English.
GONZALES: ¿Mucho inglés?
A lot of English.
Ajá.
Mm-hm.
GONZALES: No problema?
No problem?
Yeah, but sometimes I, I cannot speak it good.
GONZALES: Oh, okay.
I was on the truck sitting down listening to music...
GONZALES: Mm-hm.
...and I saw like the pol-, the car turning, pero (but) the car stopped in
front of the other car, la brown truck and I saw police and I saw them, w-,
a lot of police coming and I saw the other guy from this one and then the
police this side and this side and then I heard the shooting and I wanted to
get off the car but they didn't let me.
GONZALES: When you were seated in the car, did you hear, um...
Shooting?
Page 11 of 49
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GONZALES: No. Did you hear any sirens or did you know police were coming to the,
did they sound like, hey, I hear police coming?
No, I just saw the police in back of the car.
GONZALES: Okay. So, y-, I think you were parked like right next to where...
In the corner.
GONZALES: ...police car stopped, right?
Yeah, uh-huh. The truck was here, and then my, my truck in the corner
and the brown one here. But I didn't see, I saw the car and then the police
*** the car *** coming ***.
GONZALES: Okay. I'm gonna, I'm gonna show you a little picture, something that I
drew while I was out there.
***. Yo mire el carro que venía enfrente y la policía atrás del carro.
***. I saw the car that was coming in front and the police behind the
car.
GONZALES: It looks like the police car was stopped right here in the street and this is
where the black truck where somebody stepped out. And you were
probably parked right here?
In the corner.
GONZALES: Okay.
Yeah.
GONZALES: Okay. So, while you were there, you were just in the car by yourself?
Yeah.
GONZALES: And you were listening to music?
Yes.
GONZALES: Did you have the windows up?
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Uh-huh.
GONZALES: 'cause it was cold?
Yeah, it was cold.
GONZALES: Was it already dark?
Yes, a little bit.
GONZALES: So, it was dusk, almost getting gar-, dark...
It like around s-, five something. Oh, I was still there. I, I've been there
since five 30.
GONZALES: Okay. You, is that where you live?
Yes.
GONZALES: Okay. So, you were just staying in your car for a little while?
Yeah. Listening to music.
GONZALES: And then you say you saw a car come around the corner.
Yeah. Like that and then I saw the police...
GONZALES: What, which car was it? Was it this black car that stopped in front of you?
Yeah.
GONZALES: Okay. So, you saw this car come around the corner first.
Yeah.
GONZALES: And then you say you, the police car came second.
Uh-huh, and then they stopped next to my truck, and then that's when I, I
sta-, heard the shooting.
GONZALES: Okay. Once the car stopped, did you see the police when they got out of
this car?
Yeah. When they got off their, from the car? Yes. When they heard the
shooting.
Page 13 of 49
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GONZALES: Okay. But when they got out of the car, did you hear those police yell
anything or…?
No. Because the windows were closed.
GONZALES: Your windows were closed? Yeah. So, you didn't hear anything?
No, I just heard the shooting when they went like that.
GONZALES: Did you recognize this second car as a police car?
Yes.
GONZALES: Did you notice that the lights were on?
Yes.
GONZALES: So, the lights were on...
Yeah.
GONZALES: ...following, was it apparent you kind of realized, hey, they were stopping
this car?
Yeah, and I wanted to get out the car, but they didn't let, I saw the police.
***.
GONZALES: Did you s-?
Like, I was screaming.
GONZALES: Okay. Did you see anybody get out of the black car?
*** from the police or that no, because...
GONZALES: Yeah. In front of the police?
No, because there was a truck in front of me. I, I don't see nothing.
GONZALES: So, you couldn't see?
Huh-uh. I only s-, heard.
GONZALES: Did you ever see anybody get out of that vehicle?
No. I only saw the guy, uh, gangster the, when the police scream him in
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the car.
GONZALES: Whi-, and, where was he? Was he on the driver's side?
I don't know. ‘cause the car, the brown truck was in front of me. I couldn't
see nothing.
GONZALES: Okay. So, there was a brown truck in front of you?
Yeah.
GONZALES: And then this car?
Mm-hmm.
GONZALES: Okay.
Yes.
GONZALES: Okay.
It was me in the, the house, the car from the front house.
GONZALES: Uh-huh. And then...
And then the police, the guy from the, the one of the police stop.
GONZALES: Okay.
And then I saw the police coming. I said, what the, what is the red light?
They ***. I was knocking the window, honking, let me go out.
GONZALES: How many police did you see get out of this? The police car?
Two. One from this side, one from this side.
GONZALES: So, one was on the driver's side and one was on the passenger side.
Yeah. And then I heard the shooting.
GONZALES: Did you see who shot, which officer?
No.
GONZALES: Did you see any, anything fall from their...
No.
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GONZALES: ...did you see 'em pull out their guns?
Yeah, but only, no, the guys, no, only the police.
GONZALES: You saw the police pull out their guns?
Yeah.
And then I saw another ***...
GONZALES: Which, which police officer did you see pull out the gun?
Both.
GONZALES: The one on...
Both.
GONZALES: ...you did, you were, y-...
Both and then I saw this side. He pulled a big gun, a gun like this.
GONZALES: Who did?
The other guy, the police officer.
GONZALES: So, the two police officers pulled up?
No, from this side, I, I saw.
GONZALES: From which side? From this side?
I was, I was like that this guy, he got a, with a gun, like this.
GONZALES: Oh, a, a long gun?
Yeah.
GONZALES: So, the passenger?
Yeah, the passenger.
GONZALES: The passenger police officer.
Uh-huh.
GONZALES: He got the long gun?
Yeah.
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GONZALES: Okay.
I was in the car shaking.
GONZALES: Okay. But you couldn't see what was taking place with the other car?
No.
GONZALES: Did you ever see anybody leave that car or run away?
No. It was, the car was, the truck was in front of me, the brown one.
GONZALES: Okay. But you heard shots fired?
Yeah.
GONZALES: How many?
The police...
GONZALES: How many?
Two.
GONZALES: Just two shots?
Or four maybe.
GONZALES: Just you heard like, boom. Hu-, could you explain it? Was it real fast,
boom, boom, boom, or boom, boom, boom?
Boom, boom. Like that. ‘ause I was inside the truck, uh, talking on the
phone.
GONZALES: Okay.
With my sister... and that's it.
GONZALES: And were you telling your sister what was happening?
Yeah. There's police right here, I was like, like shaking.
GONZALES: And did you tell her that there was?
Yeah.
GONZALES: And what is your sister's name?
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GONZALES:
Mm-hm.
GONZALES: What's her last name?
GONZALES: .
GONZALES:
She was talking to me and I show her in the camera, she saw the police.
GONZALES: Oh, so you were taking a picture?
Yeah, it's a video, I was taking a video.
GONZALES: Oh, you took a video of it?
Yeah.
GONZALES: Okay.
The phone *** I saw when the police took a video, when the police went
with the gun.
GONZALES: Okay.
Mm-hm.
GONZALES: Did, you did, does it also pa, picture when they were shooting as well?
Yeah.
GONZALES: So, you have all that?
: Mm-hm.
GONZALES: Would it be possible for us to see that and, and take a picture?
Yeah but the phone is low battery.
GONZALES: So, if we plugged it in right now, so we can see that video...
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Yeah.
GONZALES: You would share that with us?
Yeah.
GONZALES: Okay.
GOMEZ: What kind of phone is it?
iPhone.
GOMEZ: iPhone.
*** yo estaba temblando porque tengo ataque de la epilepsia y como tengo
Parkinsons yo siempre parqueo la troca ahí porque tengo handicapped.
*** I was shaking because I have epilepsy attacks and since I have
Parkinson’s I always park the truck there because I have the
handicapped.
GOMEZ: Okay.
Y pues no la puedo parquear acá de este lado porque está lleno de carros.
And well, I can’t park it here on this side because it’s full of cars.
GOMEZ: Okay.
No los quitan de ahí.
They take away from us there.
GOMEZ: Okay. Pero si...
Okay. But yes…
Si.
Yes.
GOMEZ: Can we, can I go get a charger and...
Yeah. I have the one, but I don't have the box.
GONZALES: Oh. So, she needs the plug-in portion.
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And I wanted to get out, soo-, to go drink really bad water. ‘cause my lips
were all dry.
GONZALES: Dry.
And I, I said, no, if I get sick, I need to go to the hospital. I was saying. I
was gonna tell them that police can call somebody, take me to the hospital.
Cause I couldn't. I was scared to get a seizure.
GONZALES: Mm-hm.
And my nose was dry, my sugar would go up. I know my sugar's up.
GOMEZ: Mm-hm.
Mm-hm.
GONZALES: Is there anything you need right now?
No. I'm, I just told...
GONZALES: Now you're okay?
Yeah. I just told the guy from him, the ones that were outside to bring me
water.
GONZALES: Okay.
Mm-hm. My friend, I call her and then the guy just throw it.
GONZALES: Did you guys have a charger?
GOMEZ: Yeah. I can go grab a box.
GONZALES: Okay.
GOMEZ: *** get it now?
GONZALES: Yeah. Yeah. This - we'll plug in her phone while we finish speaking to
her really quick.
GOMEZ: Let me go get it real quick.
GONZALES: How long have you been living there on ?
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Um, maybe seven months.
GONZALES: Oh, seven months.
Okay. One, my boyfriend pay $1,200, but I don't work.
GONZALES: Uh-huh.
I applied for S-S-I, S-S-I denied it. Then I told, uh, I told my doctor, hey,
why they denied it? ‘cause you have seizures. You were in the hospital
for two months?
GONZALES: Mm-hm.
No one, one month.
GONZALES: Mm-hm.
But they denied it, I shake all my body. I have medicines.
GONZALES: Mm-hm. And do you rent a room there?
Yeah.
GONZALES: Yeah.
The guy charged me a lot $1,020. The house, the guy is making business.
He has birds. He's renting the garage, a motor home, a little room like
this. But he's wall, wall only like this kind of wall. Illegal.
GONZALES: Is that right?
And he has 15 pers-, 15 person living there.
GONZALES: 15 people living under that…
Everybody's pay but he's not paying rent. Maybe he charge the garage
$1,100 and one $900 *** $950.
GONZALES: Wow.
UNKNOWN: (SNEEZE).
I wanna move out of there...
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GONZALES: Mm-hm.
: ...because there's no space to park in the truck that I have.
GONZALES: Mm-hm.
If I get a seizure I have to roll all around. I just want ***...
GONZALES: Oh, my goodness. That's, that's a lot of...
...disabled parking for my own.
GONZALES: Yeah. That's a lot of work.
***.
GONZALES: That's a lot of work.
I don't care. I don't work.
GONZALES: Okay.
I just stay home. ‘cause I have a caregiver taking care of me. Yeah. She
comes to my house, take care of me.
GONZALES: Okay. So, you were just seated in your truck.
Yeah ***.
GONZALES: You saw this black car come and pull over and then you saw the police
come.
Yeah.
GONZALES: And then you say the police just got out of their car?
Yeah, it scared me.
GONZALES: The one guy got the long rifle?
Mm-hm.
GONZALES: Did you see him shoot the long rifle or no?
No.
GONZALES: Just, the other one?
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...small ones. Yeah.
GONZALES: Ok-.
They were carrying.
GONZALES: Okay. And you say you heard around four gunshots while the windows
were up?
Yeah. And I was recording a video to my boyfriend, look what happened.
GOMEZ: So how long were you, how long had, were you in, in your car?
At 5:44.
GOMEZ: 5:44?
Mm-hm.
GOMEZ: That's the time that you, uh, sat in your car?
Yeah, I was sitting in my car ***. I was right there recording.
(BEGINNING OF AUDIO PLAYBACK).
Hello guys.
(END OF AUDIO PLAYBACK).
: Uh-huh. You see, I was in the truck at that time. 5:44.
(BEGINNING OF AUDIO PLAYBACK).
Hello, guys.
(END OF AUDIO PLAYBACK).
And then...
(BEGINNING OF AUDIO PLAYBACK).
*** mira, estoy aquí en la troca… You see? Y yo no puedo salir porque
está la policía y pusieron, hicieron balazos y yo estoy aquí en la troca
mira. I was really shaking.
*** look, I’m here in the truck… You see? And I can’t get out
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anymore because the police is here and they put, they did shooting
and I’m here in the truck, look. I was really shaking.
(END OF AUDIO PLAYBACK).
GONZALEZ: But the, the shooting had already occurred?
Let me see.
GONZALEZ: It seems like the shooting had already occurred.
Yeah, look it.
(END OF AUDIO PLAYBACK).
Ay, *** mira lo que me paso, estoy aquí en la troca y hay un muchacho
aquí que tiene una pistola balacearon aquí enfrente.
Aye, *** look what happened to me, I’m her in the truck and there’s a
guy here that has a gun, they shot here in front.
(SPEAKING SIMULTANEOUSLY).
The guys didn't have their gun by there, the other one, at this point. Do
you see?
GOMEZ: Okay. But did you, did you catch the, uh, actual shooting when they,
when they fired?
No.
(BEGINNING OF AUDIO PLAYBACK).
Ay ***, mira, mira aquí estoy en la troca y *** mira ***.
Aye, ***, look, look here, I’m in the truck and *** look ***.
(END OF AUDIO PLAYBACK).
No, no I think they had shoot.
(BEGINNING OF AUDIO PLAYBACK).
Ey, háblale a mi papa y dile que me hable por favor.
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Hey, call my dad and tell him to call me please.
(END OF AUDIO PLAYBACK).
GOMEZ: They had already shot?
Yeah.
(BEGINNING OF AUDIO PLAYBACK).
Balacearon aquí ***.
They shot here ***.
(END OF AUDIO PLAYBACK).
Uh-huh. But like, yeah, they already had shot there.
GONZALES: Okay.
When I called them, my family.
GONZALES: And then you stayed in your truck until, how long? Until you-. They let
you...
Maybe...
GOMEZ: What time was that video? The first video that you shoot?
(BEGINNING OF AUDIO PLAYBACK).
Hey, hablale a tu papa.
Hey, call your dad.
(END OF AUDIO PLAYBACK).
At, 5:00. When I was listening to music, I, it was 5:44
GOMEZ: Uh-huh. And then when the, uh, when you...
And then the shooting was, uh, almost 6:00, 6:50.
GOMEZ: Six 50?
Y la, cuando yo estaba en la música eran las 6:00, 5:45.
And the, when I was in the music, it was 6:00, 5:45.
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GOMEZ: So, you were there for over an hour?
Yeah, because I have, I don't wanna go home instead. If I go to my room,
I fall asleep. Then I have like the Parkinson and the seizures. So, I just
take medication. I was shaking, but uh, I took my medication, it got
control, my seizures. I was like with my shakiness. Mm-hm.
GONZALES: Hm... Okay. What do you think, FRANK? Anything else you, you can
think of?
Mm-hm.
GOMEZ: So, so you were, so you got in, you, you were in your car about 5:44
listening to music?
Mm-hm.
GOMEZ: And...
Speaker 3: *** 5:00, 5:30.
GOMEZ: 5:30.
Mm-hm.
GOMEZ: And then, uh, so you noticed a black vehicle arrive.
Mm-hm. Arrive and then...
GOMEZ: Can I show you a map?
: Like *** I saw the car turning like this, and I then I just saw the police
when they got off the truck with the guns.
GOMEZ: Can I show you this, map?
Mm-hmm.
GOMEZ: So, this is Bishop Street, right here.
Mm-hm.
GOMEZ: And this is Shelton.
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Mm-hm.
GOMEZ: And then First Street would be over here. McFadden would be over here,
if that makes sense.
McFadden.
GOMEZ: McFadden would be down here.
Yeah.
GOMEZ: First Street would be up here. Bristol's over here. Flower’s over here.
Ok s-, I see.
GOMEZ: So, you could...
Flower is this way?
GOMEZ: Flower's right here.
Yeah, porque aqui esta la Rosewood. Aqui, la *** on this side.
Yeah, because here is Rosewood. Here the *** on this side.
GOMEZ: Rosewood one is right here.
Speaker 3: Uh-huh. No, porque esta la - that one over here is um, ***...
Uh-huh. No, because there’s the, - that one over there is um, ***…
GOMEZ: So, if you're, if you're looking...
Baker.
GOMEZ: ...if you're looking at, if you're looking at like, this north is this way.
Baker's over here and then Rosewood and then ***, and then Flower.
GOMEZ: So, the arrow is pointing up north.
Mm-hm.
GOMEZ: So, this is Shelton, Bishop.
Mm-hm.
GOMEZ: So, Myrtle's right here.
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Myrtle's this.
GOMEZ: Chestnut's right here. Or if you want to do it this way?
Yeah, that way. Hold on.
GOMEZ: This is...
***.
GONZALES: Because you were, she was parked right...
***.
GONZALES: ...here, right?
*** on the... Yeah, on the, on the, like on the corner.
GONZALES: The corner.
(SPEAKING SIMULTANEOUSLY).
The corner house. Yeah. And then there was another red brown truck and
then brown truck. And then that's where it stopped.
GOMEZ: Okay. So which way was the vehicle coming from?
Um, bru-, on *** like this? No, yeah ***.
GOMEZ: Bishop is right here.
Uh-huh. Like this.
GOMEZ: Okay. Can you put a, can you put a circle where you were parked?
Um. ***. There's the corner. Yeah, right, right here. Like right here.
And, then there was a black…
GOMEZ: Okay, so this is you, you, you, you weren't where you parked on Bishop?
I don't think you were parked on Bishop.
No, I'm very sure. Um, Roseway and *** en la mira esquina.
No, I'm very sure. Um, Roseway and *** at the corner.
GOMEZ: Okay. So can you put like a, a square where you were parked? Un
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cuardo.
Okay. So can you put like a, a square where you were parked? A
square.
***. Uh-huh. Esto va aquí.
***. Uh-huh. This goes here.
GOMEZ: Okay. Y, which way was the ve-, the, which way was the vehicle coming
from?
Okay. And, which way was the ve-, the, which way was the vehicle
coming from?
Uh, like this side, like this…
GOMEZ: Can you make a, make a, a line with an arrow?
Like this. And, then that's when I saw the police on back.
GOMEZ: In back of the black car?
Yeah. And then they stopped in front of my, like close to my truck. And,
that's when I couldn't get out.
GOMEZ: Who stopped the, the uh, black vehicle or the police?
The vehicle. The black vehicle. El caro negro se paró en frente de la troca
que estaba en frente de mí. Y ya fue cuando la, los dos policías pararon
*** la troca café y atrás de mí.
The vehicle. The black vehicle. The black car stopped in front of the
truck that was in front of me. And, that was when the two police
stropped *** the brown truck and behind me.
GOMEZ: Okay. Now when you saw the police vehicle, were the lights on?
Yeah.
GOMEZ: The lights on…
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Yeah.
GOMEZ: On top of the, uh, the roof?
Yeah.
GOMEZ: Okay. Do you remember what color they were?
Red and blue.
GOMEZ: Okay. Did you hear the siren?
Um, um, no I don’t know.
GOMEZ: You don't remember?
Yeah, I heard, yeah. When they were coming more police, I heard them.
GOMEZ: No, but when, when, when, when…
No.
GOMEZ: They, the, uh, the first police vehicle that you saw, did you hear the siren?
Um. Ay es que tiene la música recio.
Um. Um, it’s because I had the music loud.
GOMEZ: If you don't remember, that's fine.
No, I don't remember.
GONZALES: But you saw the lights when you looked?
Yeah, I saw the lights. I have them ***.
GONZALES: And it was still, it was still light outside where you can clearly see…
Yeah.
GONZALES: It was a police car, right?
(COUGHS).
Yes.
GONZALES: And, and the police that got out of the car, they were in uniform?
Yeah.
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GONZALES: So you were able to see, oh, those are police.
Yeah, that's when I recorded.
GONZALES: Okay.
***.
GONZALES: Okay.
Um-hm.
GOMEZ: And, so the car stopped in front of you?
No, I'm in front of the other truck.
GOMEZ: In front of the other truck. And then the, the police vehicle stopped right
next to you?
Yeah, there was a *** police.
GOMEZ: Okay.
All the, all of ***…
GOMEZ: Well, how many cars stopped in at?
Like two. One, two in the back. *** I heard all the police coming.
GOMEZ: So you saw two police vehicles?
Yeah.
GOMEZ: At first?
Yeah.
GOMEZ: De primero mirasteis a un carro de policía o dos carros de policía?
At first did you see one police car or two police cars?
Mire que venía uno así y otro atrás. Y luego llegaron muchos, todos.
I saw that one came like this and the other one behind. And then,
more came, they all did.
GOMEZ: Pero de, de, de primero…
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But *** at first…
***.
GOMEZ: Cuando, cuando mirasteis el caro negro.
When you saw the black car.
Mm-hmm.
GOMEZ: ¿Cuantos, cuantos carros de policías iban atrás del caro de el?
How many police cars was there behind his car?
Venían, venían uno y luego se paró el otro atrás, dos.
It was one and the other one stopped behind it. It was two.
GOMEZ: ¿Dos caros de policía?
Two police cars?
Si, y luego ya ve llegaron los demás.
Yes, and then I saw the rest get there.
GOMEZ: Okey, ¿entonces dos caros de policía al mismo tiempo?
Okay. So, two cop cars at the same time?
Si. Yo digo pues. No estoy segura.
Yes. Well that’s what I say, I’m not sure.
GOMEZ: ¿No, estas segura? Lo que te acuerdes de que tu mirasteis.
You’re not sure? What do you remember that you saw?
Si ***.
Yes ***.
GOMEZ: Mirasteis a un carro o a dos carros.
You saw one car or two cars?
Pues no me acuerdo si uno y otro venía atrás. Y yo no más mire eso.
Well I don’t remember if it was one and the other one came behind it.
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And, that’s all I can see.
GOMEZ: Okey. Pero mirasteis al car-, al primer carro que tenía luces prendidas.
Okay. But, you saw the first car that had the lights on.
Si, uh-huh.
Yes, uh-huh.
GOMEZ: Okey, y…
Ya, fue cuando escuche. Se bajaron los policías con las pistolas.
Yes, it was when I heard it. The police officers got out with the guns.
GOMEZ: Okey.
Okay.
*** ratito escuche los balazos.
*** I later heard the gun shots.
GOMEZ: Okey, mirasteis a dos policías salir del caro.
Okay, did you see two police officers get out of the car?
Si.
Yes.
GOMEZ: Uno de cada lado?
One from each side?
: Si.
Yes.
GOMEZ: Okey, y mirasteis que los dos tenían sus armas afuera…
Okay, and did you see if they both had their weapons out…
Si.
Yes.
GOMEZ: O nada más…
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Or just…
Los dos…
The both of them…
GOMEZ: Los dos.
The both of them…
Los dos tenían pistolas.
The both of them had guns.
GOMEZ: Okey, ¿y mirasteis quien fue el que disparo?
Okay. And, did you see who the shooter was?
No, porque *** estaba hablando por teléfono.
No, because *** I was talking on the phone.
GOMEZ: Okey, y…
Okay, and…
Estaba grabando y mi asuste.
I was recording and I got scared.
GOMEZ: ¿Okey, y mirasteis, mirasteis si alguien salió del caro negro?
Okay and did you see if someone got out at the black car?
No, por-, no más mire cuando se llevaban al muchacho arrestado *** por
el carro de policía. ***.
No, I just saw when they arrested the guy *** the police car. ***.
GOMEZ: Okey, mirasteis cuando lo ordenaron que saliera del carro.
Okay, did you see when they ordered him to get out of the car?
Si.
Yes.
GOMEZ: Okey.
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Okay.
Le escuche nomas.
I just heard it.
GOMEZ: Pero mirasteis a alguien salir del carro? Mirasteis alguien correr del carro.
But, did you see anyone get out of the car? Did you see anyone run
out of the car?
No. Porque no podía, porque estaba la troca enfrente.
No., because I couldn’t, the truck was in the front.
GOMEZ: Okey.
Okay.
Pero si mire cuando lo llevaban arrestado y lo metieron al caro.
But, I did see when they took him, arrest and put him in the car.
GOMEZ: Okay. So I basically asked her, uh, how many, how many police vehicles
that she saw. She, she thinks she saw two, but she can't say for sure. She
definitely saw the one police vehicle. And, she saw…
GONZALES: Um-hm.
GOMEZ: She saw an officer getting out from each side of the, uh, the vehicle.
Both, uh, with their, uh, with their, uh, guns up. But she couldn't see who
fired.
GONZALES: Okay.
Because, there was the ***. *** the truck, wouldn't be in front ***.
GOMEZ: Am I, am I correct?
Uh-huh.
GONZALES: Do you think, did the police shoot first or do you think you heard
somebody shoot at the police?
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No, I heard the police shoot ‘cause I heard. Bomb, bomb. ***.
GONZALES: Okay.
Mm-hmm. Escuche los balazos.
Mm-hmm. I heard the gunshots.
GOMEZ: But you didn't see where the, where the, where the gunshots came from?
No, I just saw a pointing like that. Mm-hmm.
GOMEZ: You saw, you saw them pointing at what?
***. Like that *** straight.
GONZALES: You saw them pointing their weapon straight?
: Um-hm. Yeah.
GONZALES: But you didn't see them shoot. You just heard shots?
No. Yeah, they heard them shooting.
GONZALES: Okay.
GOMEZ: And then one of those officers grab a long rifle, you said? Or a long gun?
Yeah. A long, like a long one.
GOMEZ: Do you know which of the two, this side.
GONZALES: The one on the passenger side closest to you?
Yeah, the one next one.
GOMEZ: And this was after the gunshots or before the gun?
After the gunshots.
GOMEZ: After the gunshots.
GONZALES: Did, did you see either of those officers run after anybody?
No.
GONZALES: They stayed there?
Yeah.
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GONZALES: Okay.
Yeah. They saw the news saying that they shot somebody and he was in
the hospital.
GOMEZ: Did you hear any, you said you heard about two to four gunshots?
Yeah.
GOMEZ: Did you hear any gunshots later on?
No.
GOMEZ: Or a few minutes later?
No.
GOMEZ: Or a few seconds later?
No. ***.
GOMEZ: Okay.
I wanted come outside.
GONZALES: *** this right here is just a, again, it's a picture of where the cars were
right now when we went out there.
Mm-hmm.
GONZALES: The police car that you're talking about is this one right here?
Yeah.
GONZALES: And then, you say there was a truck in front of you?
Yeah.
GONZALES: A brown one?
: Yeah. A brown one, yeah.
GONZALES: Which is this one.
Uh-huh.
GONZALES: So you were right behind it?
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Yeah. And nobody was ***…
GONZALES: This street right here is called Rosewood.
Mm-hmm, Rosewood.
GONZALES: That’s where you live, right?
Yeah. Yeah.
GONZALES: You live at this corner house?
Yeah. In the yellow one.
GONZALES: So this street right here is Bishop?
Mm-hmm.
GONZALES: Okay. So you weren't parked on Bishop, right? You were parked…
No, I was parked on Rosewood.
GONZALES: On Rosewood?
***.
GONZALES: There was a car in front of you?
Yeah, the brown truck.
GONZALES: And then this black car pulled out in front of that.
Yeah. Uh-huh.
GONZALES: And then the police car pulled next to this brown…
Truck.
GONZALES: The brown truck.
Yeah.
GONZALES: So your view was limited on what you could see, but you could see…
Uh-huh.
GONZALES: These officers get out of their car?
Yeah, I saw.
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GONZALES: And, had their guns…
Yeah.
GONZALES: Facing forward.
Yeah.
GONZALES: But you didn't see them shoot, but you heard gunshots?
Yeah, I heard the gunshots.
GONZALES: About four gunshots?
Yeah.
GONZALES: And then you stayed in the car ‘cause they didn't let you get out?
Yeah, Uh-huh. They didn't let me come, come out.
GONZALES: Okay.
Until I told the guy. ***.
GONZALES: Is yours the first house at the corner?
Yeah.
GONZALES: And what's the number of that house?
531.
GONZALES: 531.
That's when I saw everybody coming outside.
GONZALES: Okay. 531 Rosewood?
Mm-hmm.
GONZALES: Okay. And that's where you live?
Yeah. And I heard the police say, go inside, go inside.
GONZALES: To people that were coming out.
Yeah.
GONZALES: Out of your house?
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Yeah. I don't know if the peoples. *** esta una casa blanca, I don't know
if the peoples in front. Ellos estaban allí afuera.
Yeah. I don’t know if the peoples. *** there’s a white house. I don’t
know if the peoples in front. They were out there.
GOMEZ: Okay.
GONZALES: Do you also…
***.
GONZALES: Do they also have camera in front of your house? They do.
The guy yes.
GONZALES: Okay. So I saw the officer speaking to somebody at the house.
Yeah.
GOMEZ: Yeah.
GONZALES: Okay.
: ***
GONZALES: Anything else Frank?
GOMEZ: Uh.
I don't know *** the house…
GOMEZ: So you saw, you saw the officers pulling out the driver, right?
Yeah.
GOMEZ: Or the passenger? The driver or the passenger?
Yeah, pas-, the passenger that was driving the car.
GOMEZ: The guy that was driving the car?
Yeah, because I saw him, he was white and baldheaded.
GOMEZ: Okay. And th-…
*** cholo.
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*** gangster.
GOMEZ: So, and the, okay, so you saw them giving him orders to get outta the car?
Mm-hmm.
GOMEZ: Okay.
Yeah. ***.
GOMEZ: Okay. Um…
I don't know the guy, the guy that has, okay, this one, this one, this, this
one. I don't know if he has cameras.
GOMEZ: Okay.
Mm-hmm.
GOMEZ: Okay. And you don't, you don't remember you, do you remember if the
officers were giving the, uh, any odors? Were they yelling, hey, put your
hands up or…
Yeah.
GOMEZ: Did you hear any of that?
Yeah, I heard it.
GONZALES: What do you remember hearing?
Put your hands up. Come out of the car? Mm-hmm.
GONZALES: Were they talking to the driver?
Yeah.
GOMEZ: How about before you heard the gunshots, did you hear any, any orders
being given or police, anything like that?
No.
GOMEZ: Okay.
(PAUSE\BACKGROUND NOISE).
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GOMEZ: Did it seem like when you saw the, the black car turning, was it, was it
like turning at a normal speed?
***.
GOMEZ: Was it speeding? Was it ***.
No, normal speed.
GOMEZ: Okay...
Mm-hm. ‘cause, he would've turned on the, like, hard. He would've
crashed into my truck. That was a truck that was in the corner.
GONZALES: Now you say when, uh, that when they came around the corner, did they
come this way around the corner or did they come this way?
This way?
GONZALES: ‘cause you were seated in here?
Yeah.
GONZALES: So was it this one or this one?
This way?
GONZALES: Which one? This one?
Yeah. No, like coming *** like to Rosewood? Not this way. This way
because my friend was in the car.
GOMEZ: So…
In the other car.
GOMEZ: You see, you see the little, uh, diagram.
Mm-hmm.
GOMEZ: So was he come, were they coming from Bristol?
GONZALES: Were they coming this way?
GOMEZ: Or from Flower.
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Bristol?
GOMEZ: From Bristol? Bristol. Bristol's over here?
Yeah, Bristol because *** mi amiga dijo que ella estaba en el carro y ella
escucho los balazos.
Yeah, Bristol because *** my friend told me that she was in the car
when she heard the gunshots.
GOMEZ: Okey.
Okay.
GONZALES: So they came this way and came onto your street?
Mm-hmm.
GONZALES: Okay.
On bri-, from Bristol.
GONZALES: And right here there's a roundabout, que no?
And right here there's a roundabout, right?
Yeah. *** the next one, like this street.
GONZALES: The next one is, oh, that's right.
***.
GONZALES: Next down the way. Right?
***.
GOMEZ: ***.
GONZALES: No, not at this way.
***.
GONZALES: Right.
There's the other one over here too.
GONZALES: ***.
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***.
GONZALES: Okay. But not on your street. That's an open…
No.
GONZALES: Yeah, that's right. That's right. Okay.
Mm-hmm.
GONZALES: Okay. So they were coming from Bristol and that's where they turned on.
Mm-hm. Because, my friend, she told me that she was in the car that she
heard of the shooting.
GOMEZ: Okay.
Mm-hmm. Maybe she's the one that saw ***.
GONZALES: Okay.
GOMEZ: Okay.
*** ella miro cuando venía el caro así. ***.
*** she saw when the car was coming like this. ***.
GONZALES: Anything further?
GOMEZ: No. Uh, unless you wanna see if we can get those clips? Uh…
GONZALES: Yeah, if we can. If there's any way you guys can do it.
GOMEZ: Uh, I don't know if our phone guy is here. Maybe, how, how long are
those clips?
Hm, como uno menos de 10.
Um, about less than 10.
GOMEZ: 10 minutes.
O no como unos 13 creo 13 minutos. No más grabé y dije ***.
Or about 13 I think like 13 minutes. I just recorded and said ***.
GOMEZ: She can maybe email them to me.
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GONZALES: Maybe.
I don't know how to do it.
GOMEZ: Can I, can I try?
Mm-hmm. That was ***…
GOMEZ: Can you get to your, uh, to the videos?
***.
(BEGINNING OF AUDIO PLAYBACK).
Estoy en la troca y ya no me puedo salir porque están los policías y pues
***.
I’m in the truck and I can’t get out because there’s police and well
***.
(SPEAKING SIMULTANEOUSLY).
That’s when I started recording. ***.
(SPEAKING SIMULTANEOUSLY).
Mira…
Look…
(END OF AUDIO PLAYBACK).
(PAUSE\BACKGROUND NOISE).
: *** email you have, Gmail? I don’t know ***.
GOMEZ: *** this one.
Yo le iba decir a mi amiga, tú estabas en la troca sentada. Tu vistes
cuando venía el caro y la policía, pero *** hasta que se escucharon los
balazos se dieron cuenta eso fue lo que mi dijo.
I was going to tell my friend, you were in the truck. Did you see when
the car and came and the police, but *** until the gunshots were
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heard they realized what happened, that’s what she told me.
GOMEZ: Tienes email tu aquí.
Do you have an email here?
***.
GOMEZ: O tienes Gmail.
Oh, you have Gmail.
Mm-hm.
GOMEZ: Okey.
Oh shit. ***. Usually, sometimes, one day I heard to the truck, a car went
like that.
GONZALES: Mm-hmm.
So drunk right there and crash in the corner?
GONZALES: Mmm.
Right there In front of the place. In front of my house. *** we were in the
midnight. I don't know, *** but I know I was like really shaking and
talking scared. I thought they were gonna shoot when I was in the car. I
wanted to go in back of the seat.
GONZALES: Mm-hmm.
The police, I was honking. Can I get off? *** moving ***. *** 4-0-8
this one?
GOMEZ: What's that?
You have this one. This one is 4-0-8 is not the address.
GOMEZ: ***.
GONZALES: It's 5-31.
Yeah, I know the man has cameras on this side. Es que los botones no
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marcan bien, los botones no marcan bien ***. The buttons in the phone
does not dial good.
Yeah, I know the man has cameras on this side. It’s because the
buttons don’t work too good, the buttons don’t work too good ***.
The buttons in the phone does not dial good.
GONZALES: Mmm.
GOMEZ: I, I don't know if I'll get it, but…
No, it is not good phone.
GONZALES: Did you try and text it?
GOMEZ: No, let's see.
***. Did they close over there?
(PAUSE FROM 0:32:48 TO 0:32:59).
***. My sister *** shooting guns. *** that happens this right ***.
GONZALES: Mm-hmm.
***.
GONZALES: Mm-hmm. Have you always lived in Santa Ana?
No. This is first time.
GONZALES: Where did you live before?
Fountain Valley.
GONZALES: Fountain Valley.
*** need to move out?
GONZALES: Mm.
Too much problems with the cars.
GOMEZ: I got go. I'll, I gotta go check my email, see if…
GONZALES: Okay. Okay. So we'll check that out and uh, and we'll get you a ride back,
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okay?
Mm-hmm.
GOMEZ: So you have any questions for us?
No.
GONZALES: Okay.
No.
GONZALES: All right. Well thank you for speaking with us. I think we, uh…
Okey. ¿No tengo que ir a corte o nada de eso?
Okay. Do I need to go to court or any of that?
GOMEZ: Ay, una posibilidad.
There’s a possibilities.
*** una carta.
*** a letter.
GOMEZ: Si. A-, alguien si va *** si es necesario.
Yes. Someone will *** if it’s necessary.
Si.
Okay.
GOMEZ: No sabemos, pero ay, es una posibilidad.
We don’t know but, there’s a possibilities.
Okey. *** la única que estaba ahí fuera.
Okay. *** the only one that was outside.
GOMEZ: Estamos hablando con otras personas también.
We’re talking to other people too.
Los de acá de la esquina.
The ones on this corner.
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GOMEZ: No se ***.
I don’t know ***.
*** niños allí?
*** kids there?
GOMEZ: No se ***.
I don’t know.
Yo me recuerdo que estaban los niños. Siempre los niños ***. The kids
always playing outside, right there in the corner.
I remember that there was kids. The kids are always ***. The kids
always playing outside, right there in the corner.
GOMEZ: Yeah. We have some officers out there.
Mm-hmm.
GOMEZ: Anything else?
GONZALES: No, not that I can think of now.
GOMEZ: Okay. Um, dame unos minutos no más veo a verificar que garre los ***
por email y horita te damos un raite.
Okay. Um, give me a few minutes. I’m just going to verify that I got
the *** by email and we’ll give you a ride.
Mm-hmm.
GOMEZ: ***.
GONZALES: Okay.
GOMEZ: Okay.
My ***.
GONZALES: We'll end this interview now. Thank you very much.
My truck, I always park it there ‘cause I have the disabled plates.
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GONZALES: Oh, okay.
GOMEZ: Okay.
GONZALES: Okay.
*** the owners don't want to gimme a contract from the house.
GONZALES: Mmm.
GOMEZ: Okay.
GONZALES: Okay. Well, thank you very much.
GOMEZ: Thank you. Give us a few minutes ***.
[END OF INTERVIEW]
TRANSCRIBED BY: MARYBEL RIOS
FROM 00:00 TO 17:51
ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE
MAY 08, 2023
JACQUELINE CONTRERAS
FROM 17:52 TO 35:10
ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE
MAY 08, 2023
REVISED BY: CARLOS GONZALES, INVESTIGATOR
ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE
JULY 27, 2023