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Home My WebLink AboutOIS2023-0003 Investigative Summary - Carlos Gonzales_Redacted Case No. 23-001104 Investigator: Carlos Gonzales, #349 Approved By: Date of Report: 10/17/2023 Date: 10/18/2023 Page 1 of 19 PRELIMINARY INVESTIGATION On Friday, April 7, 2023, at approximately 19:30 hours, Orange County District Attorney (OCDA) Supervising Investigator STAN BERRY contacted me regarding an officer-involved shooting incident involving the Santa Ana Police Department (SAPD). BERRY requested I respond to the intersection of Bishop Street and Rosewood Avenue in Santa Ana to assist with the investigation. At approximately 20:40 hours, I arrived at the incident location and met with investigators from the OCDA, Orange County Crime Lab (OCCL), and the Santa Ana Police Department (SAPD), who were present to assist in the investigation. At approximately 20:40 hours, SAPD Sergeants MATT WHARTON and LUIS BARRAGAN conducted a briefing of the known circumstances surrounding the incident for the personnel involved in the investigation. The officers involved in the shooting incident were identified as: • ROBERT SANTAELLA Officer, Santa Ana Police Department • CRAIG COFER Officer, Santa Ana Police Department The subject shot, identified as MARVIN MELGAREJO, was transported by ambulance to Orange County Global Medical Center (OCGMC) prior to our arrival. After the briefing, BERRY made the following assignments: • CARLOS GONZALES / EDDIE NUNEZ, SAPD Lead Investigators ORANGE COUNTY DISTRICT ATTORNEY BUREAU OF INVESTIGATION 300 North Flower Street, Santa Ana CA 92701 (714) 834-3600 INVESTIGATIVE SUMMARY Case No. 23-001104 Investigator: Carlos Gonzales, #349 Approved By: Date of Report: 10/17/2023 Date: 10/18/2023 Page 2 of 19 • CLAUDIA MCCARTHY / MICHAEL GIBBONS, SAPD Scene • THOMAS TOTH / RENE BONILLA, SAPD Hospital • DAVE MELNYK / DANIEL PADRON, SAPD Officer Processing • KRIS COVER / RONNY SANDOVAL, SAPD Canvass • TOM HOANG / JERRY RAYA, SAPD Scene The following report numbers were assigned to the incident: • Orange County Crime Lab – FR23-43030 • Santa Ana Police Department – 23-07962 SCENE INVESTIGATION / EVIDENCE COLLECTION The following OCCL personnel completed the scene processing under OCCL FR #23-43030. • CHELSEY COVERT Senior Forensic Scientist • FELICIA BURKE Forensic Scientist • STEPHANIE ESPINOZA Forensic Specialist At approximately 22:13 hours, OCCL personnel began processing the scene, including diagramming, photography, and evidence collection. SCENE DESCRIPTION The weather was clear and sunny. The shooting occurred along the 500 block of South Rosewood Avenue, Santa Ana. The scene was cordoned off with police crime scene tape. Uniformed SAPD officers were stationed to prevent access to and preserve evidence within the scene. A crime scene log was maintained for incoming and outgoing personnel. The 500 block of South Rosewood Avenue was a residential roadway that ran north/south and was located between West Myrtle Street and West Bishop Street. Single- family residences were located on both sides of the roadway. Driveway aprons and sidewalks Case No. 23-001104 Investigator: Carlos Gonzales, #349 Approved By: Date of Report: 10/17/2023 Date: 10/18/2023 Page 3 of 19 were situated on both sides of the street. The roadway was composed of an asphalt concrete composition, bordered by raised concrete curbs. There was ample room on the roadway for parking along curbs and vehicles to travel both north and south. At the time of this incident, numerous vehicles were parked in the street. VEHICLES IN SCENE There were three (3) SAPD police vehicles and ten (10) civilian vehicles within the crime scene perimeter. Those vehicles are described as follows: Vehicle #1 - 2006, Toyota Tacoma, Silver, California vehicle license plate The registered owner is . The vehicle was parked facing north, along the east curb, to the front of 531 South Rosewood Ave. The vehicle was on the scene at the time of the shooting incident. Vehicle #2 - 2007, Chevrolet Tahoe, Gray, California license plate The registered owner is . The vehicle was parked facing north, along the east curb, to the front of 527 South Rosewood Ave. The vehicle was on the scene at the time of the shooting incident. Vehicle #3 - 2021, Ford Explorer, Black and White, California exempt vehicle license plate 1607880, Unit 851. The registered owner is the City of Santa Ana, CA 92701. The vehicle was parked facing north on South Rosewood Avenue, parallel to vehicle #2. The vehicle arrived after the shooting incident. Vehicle #4 - 2015, Ford Explorer, Black and White, California exempt vehicle license plate 1478141, K-9 Unit 890. The registered owner is the City of Santa Ana, CA 92701. The vehicle was Case No. 23-001104 Investigator: Carlos Gonzales, #349 Approved By: Date of Report: 10/17/2023 Date: 10/18/2023 Page 5 of 19 parked facing north to the front of 519 South Rosewood Avenue, directly north of vehicle 8. The vehicle was on the scene at the time of the shooting incident. Vehicle #10 - 2015, Nissan Altima, Silver, California license plate The registered owner is . The vehicle was parked facing north to the front of 515 South Rosewood Avenue, directly north of vehicle 9. The vehicle was on the scene at the time of the shooting incident. Vehicle #11 - 2002, Chevrolet Tahoe, Gray, California, license plate The registered owner is . The vehicle was parked facing north to the front of 511 South Rosewood Avenue, directly north of vehicle 10. The vehicle was on the scene at the time of the shooting incident. Vehicle #12 - 2004, GMC Envoy, Red, California license plate . The registered owner is . The vehicle was parked facing south, along the west curb, to the front of 514 South Rosewood Avenue. The vehicle was on the scene at the time of the shooting incident. Vehicle #13 - 2015, Nissan Versa, Silver, California license plate The registered owner is The vehicle was parked facing south, along the west curb, to the front of 522 South Rosewood Avenue. The vehicle was on the scene at the time of the shooting incident. SCENE EXAMINATION There was one (1) cartridge case (Evidence Marker (EM) #1), head stamped "Hornady 9mm Luger," on the ground east of the front passenger door to Vehicle #4. Case No. 23-001104 Investigator: Carlos Gonzales, #349 Approved By: Date of Report: 10/17/2023 Date: 10/18/2023 Page 6 of 19 There was one (1) cartridge case (EM #2), head stamped “Hornady 9mm Luger,” on the ground west of the driver-side passenger door to Vehicle #5. There was one (1) cartridge case (EM #3), head stamped "Hornady 9mm Luger" on the ground underneath Vehicle #5. Underneath vehicle #5, adjacent to the front driver-side tire, was a Black Glock, 9mm, 6- round capacity magazine, with cartridges (EM #4). There was one (1) cartridge case (EM #5), head stamped "Hornady 9mm Luger," located in the east gutter to the front of 527 South Rosewood Avenue. There was one (1) cartridge case (EM #6), head stamped "Hornady 9mm Luger" north of EM# 5. There was one (1) cartridge case (EM #7), head stamped "Hornady 9mm Luger" north of EM #6. There was one (1) cartridge case (EM #8), head stamped "Hornady 9mm Luger" located in the driveway of 527 South Rosewood Avenue. There was one (1) cartridge case (EM #9), head stamped "Hornady 9mm Luger," located on the sidewalk to the front of 527 South Rosewood Avenue. There were two (2) cartridge cases (EM #10 & 11), head stamped "Hornady 9mm Luger" located in the driveway apron of 527 South Rosewood Avenue. There was one (1) cartridge case (EM #12), head stamped "Hornady 9mm Luger," located in the grass adjacent to the driveway of 527 South Rosewood Avenue. Case No. 23-001104 Investigator: Carlos Gonzales, #349 Approved By: Date of Report: 10/17/2023 Date: 10/18/2023 Page 7 of 19 There were two (2) cartridge cases (EM #13), head stamped "Hornady 9mm Luger" located in the passenger-side exterior window well of Vehicle #5. There was a Black, 9mm handgun (EM #14), with no serial number, containing a magazine with cartridges, located in the east gutter adjacent to the passenger-side tire of Vehicle #6. There was an apparent bullet hole (ABH) on the right-side front bumper (beneath the headlight) of Vehicle #12 (EM #A). There was an apparent strike mark on the right A pillar of Vehicle #12 (EM #B). The following items were located under Vehicle #12 (EM #15): • Two (2) bullet fragments • One (1) metal fragment There was a bullet jacket fragment (EM #16) in the east gutter to the front of 511 South Rosewood Avenue, adjacent to Vehicle #11. There was a bullet core (EM #17) located in the grassy area in front of 510 South Rosewood Avenue. There was a bullet core (EM #18) located on the sidewalk to the front of 506 South Rosewood Avenue. EVIDENCE COLLECTION OCCL Forensic Scientist FELICIA BURKE collected the following items of evidence under the following Evidence Marker (EM) numbers: • EM#1 - One (1) cartridge case head stamped “Hornady 9mm Luger” • EM#2 - One (1) cartridge case head stamped “Hornady 9mm Luger.” • EM#3 - One (1) cartridge case head stamped “Hornady 9mm Luger” Case No. 23-001104 Investigator: Carlos Gonzales, #349 Approved By: Date of Report: 10/17/2023 Date: 10/18/2023 Page 8 of 19 • EM#4 - Bic lighter and a container box containing miscellaneous items • EM#5 - One (1) cartridge case head stamped “Hornady 9mm Luger” • EM#6 - One (1) cartridge case head stamped “Hornady 9mm Luger” • EM#7 - One (1) cartridge case head stamped “Hornady 9mm Luger” • EM#8 - One (1) cartridge case head stamped “Hornady 9mm Luger” • EM#9 - One (1) cartridge case head stamped “Hornady 9mm Luger” • EM#10 - One (1) cartridge case head stamped “Hornady 9mm Luger” • EM#11 - One (1) cartridge case head stamped “Hornady 9mm Luger” • EM#12 - One (1) cartridge case head stamped “Hornady 9mm Luger” • EM#13 - Two (2) cartridge cases head stamped “Hornady 9mm Luger” • EM#14 - One (1) black, 9mm handgun, with no serial number, containing a magazine with cartridges • EM#15 – Two (2) bullet fragments and one (1) metal fragment • EM#16 – One (1) bullet jacket fragment • EM#17 – One (1) bullet core • EM#18 - One (1) bullet core The following markers were photographed: • EM#A – apparent bullet hole • EM#B – apparent strike mark OCCL Forensic Specialist CHELSEY COVERT collected one (1) black glove containing one (1) bullet from 438 South Rosewood Avenue. Since the item had been moved from the residence at the location, COVERT did not give it an evidence marker number. COVERT obtained buccal swabs from the following residents at 438 South Rosewood Avenue who touched the bullet: • Case No. 23-001104 Investigator: Carlos Gonzales, #349 Approved By: Date of Report: 10/17/2023 Date: 10/18/2023 Page 9 of 19 • COVERT took two-hundred sixty-five (265) digital color photographs. OFFICER PROCESSING At approximately 22:43 hours, OCCL Forensic Specialist STEPHANIE ESPINOZA conducted a round count and photographed the following SAPD personnel: • CRAIG COFER • ROBERT SANTAELLA COFER and SANTAELLA both wore dark blue SAPD long-sleeve polo shirts with "SANTA ANA POLICE" in white letters on the back, Santa Ana Police patches stenciled on both shoulders, and a Santa Ana Police badge stenciled on the left chest. Both officers wore blue jeans, black boots, and a Body Worn Camera (BWC) attached to the center chest. Each officer wore the following individual equipment: Officer CRAIG COFER COFER wore a Hobble restraint around the waist above a nylon web belt that held the following equipment: • Right side drop holster with a leg strap, which held a Glock Model 17 Gen5, 9mm semi- automatic pistol, serial #BNBN352, with a rubber grip sleeve. The pistol was loaded with a Glock, 9mm, seventeen (17) round capacity magazine, with a five (5) round Taran Magazine Extender. COFER loaded his pistol to capacity with an additional round in the chamber for a total of twenty-three (23) rounds. The magazine held eight (8) rounds of Hornady, 9mm, jacketed hollow point ammunition head stamped "HORNADY 9mm LUGER" at processing. There was one (1) round in the chamber. There was a Streamlight TLR-1 rail-mounted light serial #C4-571T95 0119 attached to the pistol. Case No. 23-001104 Investigator: Carlos Gonzales, #349 Approved By: Date of Report: 10/17/2023 Date: 10/18/2023 Page 10 of 19 • Two (2) Glock, 9mm, seventeen (17) round capacity magazines which contained seventeen (17) rounds of Hornady 9mm jacketed hollow point ammunition head stamped "HORNADY 9mm LUGER" in a closed magazine pouch on the left front belt. There was a flashlight attached to the back of the magazine pouch. • Radio in a holder on the left side. • Straight baton ring on the left belt behind the radio. • Yellow Taser 7, serial #X4000402M, in a holster on the left side behind the baton ring. • Handcuff holder with two (2) sets of handcuffs behind the holster on the right side. • OC Spray in a holder on the right side behind the handcuffs. • Key clip with a vehicle key on the right front side in front of the holster. • Key pouch with keys on the right front side next to the buckle with a folding knife attached. Officer ROBERT SANTAELLA SANTAELLA wore a radio earpiece in the left ear and a nylon web belt around the waist, which held the following equipment: • Right side drop holster with a leg strap, which held a Glock Model 17 Gen5, 9mm semi- automatic pistol, serial #BMSP257, with a Trijicon Red Dot sight, serial #274908 on the slide. The pistol was loaded with a Glock, 9mm, seventeen (17) round capacity magazine. SANTAELLA loaded his pistol to capacity with an additional round in the chamber for a total of eighteen (18) rounds. The magazine held twelve (12) rounds of Hornady 9mm jacketed hollow point ammunition head stamped "HORNADY 9mm LUGER" at processing. There was one (1) round in the chamber. There was a Surefire X300 Ultra rail-mounted light, serial #B86447, attached to the pistol. • Metal SAPD dome badge #3717 on the right side of the belt in front of the holster. • Key clip with keys on the right front side next to the buckle. Case No. 23-001104 Investigator: Carlos Gonzales, #349 Approved By: Date of Report: 10/17/2023 Date: 10/18/2023 Page 11 of 19 • Two (2) Glock, 9mm, seventeen (17) round capacity magazines which contained seventeen (17) rounds of Hornady 9mm jacketed hollow point ammunition head stamped "HORNADY 9mm LUGER" in an open magazine pouch on the left front belt. • Flashlight in a holder on the left side next to the magazines. • PR-24 baton ring on the left belt next to the flashlight. • Radio in a holder on the left side. • Yellow Taser 7, serial #X400061M9, in a holster on the left side behind the radio. • Single handcuff holder with handcuffs behind the Taser on the left side. • Single handcuff holder with handcuffs behind the holster on the right side. ESPINOZA collected COFER and SANTAELLA's handguns, magazines, and ammunition. She took sixty-four (64) digital color photographs of the officers and equipment. INTERVIEWS I conducted the following audio digitally recorded interviews: • ELSA KAMAL Witness • ROBERTO GONZALEZ-DIAZ Witness • MARVIN MELGAREJO Suspect OCDA Investigator THOMAS TOTH conducted the following digital audio-recorded interviews: • JAMES COOPMAN Registered Nurse, OCGMC • SUSAN MIJARES Registered Nurse, OCGMC OCDA Investigator TROY HERNANDEZ conducted the following digital audio-recorded interview: • TED HWANG Paramedic, Orange County Fire Authority Case No. 23-001104 Investigator: Carlos Gonzales, #349 Approved By: Date of Report: 10/17/2023 Date: 10/18/2023 Page 12 of 19 SUMMARY OF EVENTS During the course of this investigation, six (6) interviews were conducted, and fourteen (14) additional witnesses were contacted during supplemental canvass interviews. Attorney COREY GLAVE represented SAPD Officers ROBERT SANTAELLA and CRAIG COFER. Through counsel, both officers have declined to provide a voluntary statement. After reviewing all officer and witness statements, SAPD reports, laboratory and identification reports, radio traffic, incident scene photographs, and other relevant reports and materials, the following summary of events was developed. All times are approximate and derived from SAPD computer automated dispatch logs and BWC time displays. On April 7, 2023, at approximately 17:30 hours, ROBERTO GONZALEZ-DIAZ drove his black GMC Yukon to the city of Santa Ana to pick up his friend MARVIN MELGAREJO at an unknown address on Bishop Street. They were planning to attend a party in the city of Los Angeles. Once GONZALEZ-DIAZ picked up MELGAREJO, he asked MELGAREJO to drive to consume alcohol while on the way to the party. At approximately 18:40:00 hours, SAPD Officers CRAIG COFER and ROBERT SANTAELLA were assigned to Civic Center Patrol, wearing SAPD uniforms. They had a body-worn camera (BWC) attached to the front of their uniform. The officers were in a marked black and white SAPD police vehicle under the radio identifier “092 Alpha.” The unit was driven by COFER while traveling east in the 1100 block of West Bishop Street. Case No. 23-001104 Investigator: Carlos Gonzales, #349 Approved By: Date of Report: 10/17/2023 Date: 10/18/2023 Page 14 of 19 the mirror, then moved his head out of view. MELGAREJO appeared to be moving within the vehicle with his hands out of sight. At approximately 18:40:52 hours, COFER gave commands to MELGAREJO, as he was standing alongside the driver door of the police unit, “Put your hands out the window bro.” “Hands out the window for me.” MELGAREJO appeared to be looking at COFER through the driver side, rear view mirror as commands were given. At approximately 18:40:56 hours (or 632 fps), MELGAREJO was captured opening the driver side door using his left hand while clearly holding a black pistol in his right hand. SANTAELLA exited the passenger side of the police unit simultaneously. MELGAREJO stepped down from his vehicle, looking directly at COFER, while taking several steps in COFER’s direction. In less than a second (or 655 fps), COFER is captured quickly moving back and away from the driver side door, while drawing his firearm with his right hand. MELGAREJO, armed with the pistol in his right hand, was captured moving in COFER’s direction. SANTAELLA’s BWC also captured MELGAREJO armed with a firearm, running in COFER’s direction. At approximately 18:40:57 hours (or 682 fps) COFER has gripped his pistol with both hands, taking aim in MELGAREJO’s direction. COFER, still moving back away from MELGAREJO, fired approximately seven (7) rounds from his duty weapon. MELGAREJO began to turn right, still armed with his gun. SANTAELLA fired approximately five (5) rounds at the same time. Case No. 23-001104 Investigator: Carlos Gonzales, #349 Approved By: Date of Report: 10/17/2023 Date: 10/18/2023 Page 16 of 19 . was in the front yard of his residence and heard approximately four (4) shots being fired consecutively. He saw MELGAREJO running north, passing his residence, and it appeared MELGAREJO was holding his left arm with his right arm. At approximately 18:41:54 hours, exterior surveillance to the front of 422 South Shelton Street captured MELGAREJO walking east on Myrtle Street to South Shelton Street. At approximately 18:42:06 hours, a large multi-colored utility vehicle stopped, facing south, to the front of 422 South Shelton Street. Two male occupants exited the passenger side of the vehicle and walked toward the front of the vehicle. These two male occupants appeared to fire handguns at MELGAREJO, who had moved to the front of 437 South Shelton Street. At approximately 18:42:26 hours, SANTAELLA broadcasted hearing additional gunshots coming from a northern direction. GIL said shortly after MELGAREJO ran past his residence, he also heard approximately seven (7) shots fired north of his residence. This second incident was documented under SAPD Report # 23-07973. At approximately 18:45 hours, SAPD Detective TANNER BELL located MELGAREJO to the front of 437 South Shelton, Santa Ana. MELGAREJO was on the ground, lying on the left side of his body. MELGAREJO told BELL he had been shot in his leg and hand. BELL handcuffed MELGAREJO as additional SAPD officers began to arrive on the scene. SAPD officers removed MELGAREJO’s clothing, began providing medical aid, and treated MELGAREJO’s injuries. MELGAREJO made a statement to officers that the Santa Ana Police shot him. Case No. 23-001104 Investigator: Carlos Gonzales, #349 Approved By: Date of Report: 10/17/2023 Date: 10/18/2023 Page 17 of 19 At approximately 18:50 hours, Orange County Fire Authority (OCFA) Engine 75 arrived on the scene. OCFA Paramedic saw MELGAREJO handcuffed, lying supine on the ground. saw that MELGAREJO had sustained gunshots to his left arm and legs. established an intravenous (IV) line and transported MELGAREJO to the Orange County Global Medical Center (OCGMC) via Care Ambulance. MELGAREJO was given no medication, only normal saline. MELGAREJO made no statements during transportation to OCGMC. At 19:12 hours, MELGAREJO arrived at OCGMC, and his care was relinquished to emergency room personnel. Doctor determined that MELGAREJO sustained two (2) penetrating bullet wounds to the left upper arm, two (2) penetrating bullet wounds to the left upper thigh, and four (4) penetrating bullet wounds to the right upper thigh and calf. MELGAREJO also sustained a fracture of the left humerus. also recovered one (1) bullet from the area near MELGAREJO’s rectum. On April 11, 2023, at 08:55 hours, SAPD Detective EDDIE NUNEZ and I contacted MELGAREJO in room #420 at OCGMC. MELGAREJO was advised of his Miranda Rights and requested an attorney before providing a statement. I asked MELGAREJO if he knew the police were involved in his incident. MELGAREJO said he was sure the police were involved in the shooting, but he did not want to talk without his attorney present. We concluded our interview with MELGAREJO at this time. On Tuesday, April 11, 2023, an arraignment was held for MELGAREJO on the listed OCDA filed charges: • One (1) count of 25850 (a)/(c) (6) CPC (Carry loaded/unregistered firearm) Case No. 23-001104 Investigator: Carlos Gonzales, #349 Approved By: Date of Report: 10/17/2023 Date: 10/18/2023 Page 18 of 19 • One (1) count of 417 (c) CPC (Exhibit firearm/presence of peace officer) EVIDENCE ANALYSIS Pre-admitting blood was not collected. FIREARMS EXAMINATIONS GLOCK, 17 Gen5, 9mm LUGAR PISTOL, SERIAL #BNBN352 The Glock, 17 Gen5, 9mm Lugar Pistol, Serial #BNBN352, was collected from COFER during the officer processing. The handgun was examined by the OCCL and found to operate without malfunction. The handgun was determined to have fired seven (7) rounds, based on spent cartridges located at the scene (EM 1, 2, 3, 5, 7, & two cartridges from EM 13), and the bullet recovered from 438 South Rosewood Avenue. GLOCK, 17 Gen5, 9mm LUGAR PISTOL, SERIAL #BMSP257 The Glock, 17 Gen5, 9mm Lugar Pistol, Serial #BMSP257, was collected from SANTAELLA during the officer processing. The handgun was examined by the OCCL and found to operate without malfunction. The handgun was determined to have fired five (5) rounds, based on spent cartridges located at the scene (EM 8, 9, 10, 11, & 12). SS80, unknown model, 9mm PISTOL, NO SERIAL # The SS80, unknown model, 9mm Pistol, with NO Serial # (EM 8), was collected by OCCL Forensic Scientist FELICIA BURKE at the scene. The handgun did not have a cartridge in the chamber when it was collected. The handgun was examined by the OCCL and found to operate without malfunction. Case No. 23-001104 Investigator: Carlos Gonzales, #349 Approved By: Date of Report: 10/17/2023 Date: 10/18/2023 Page 19 of 19 A DNA sample was obtained from the trigger, slide, and magazine of the SS80 pistol. It was determined that MELGAREJO had only limited/partial DNA on the trigger and magazine. The slide sample did not contain enough DNA to analyze. The Glock pistols used by COFER, SANTAELLA, and the SS80 pistol located at the scene were all eliminated from firing the bullet recovered at OCGMC. No associations were found in the OCBULL3T computerized 3D ballistic database system. BACKGROUND INFORMATION MELGAREJO RICARDO MELGAREJO had a State of California Criminal History record with arrests dating back to 2021 for the following violations: • Possession of a concealed weapon in a vehicle • Possession of a firearm without marking • Possession of concealed weapon as a gang member • Participation in street gang • Possess/own ammunition