HomeMy WebLinkAboutOIS2023-0003 Supplemental Preface Report - Stan Berry_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:PREFACE
Activity Date/Time:04/07/2023 17:41
Location Activity Occurred:In front of 523 South Rosewood Avenue, Santa Ana
Person:Marvin Ricardo Melgarejo
Involvement:SUBJECT
DOB:1/11/2003
Age:20
Identification:Driver License:
Address/Resides:
Narrative:
On April 7, 2023, at approximately 7:30 PM, the Santa Ana Police Department’s on-duty watch commander and
Homicide Sergeant MEL SARABIA contacted me regarding the non-fatal officer-involved shooting incident of
MARVIN RICARDO MELGAREJO by Santa Ana police officers. Sergeant SARABIA requested the Orange County
District Attorney’s (OCDA) Officer-Involved Incident Investigation Team respond to the scene and investigate the
incident.
I contacted OCDA investigators DAVE MELNYK, CLAUDIA MCCARTHY, TOM TOTH, KRIS COVER, TOM HOANG
and CARLOS GONZALES, and requested they respond to assist with the investigation. I also responded to the
location and met with the investigators assigned to the incident.
At approximately 9:31 PM, Santa Ana Police Sergeants MATT WHARTON and LUIS BARRAGAN provided a
briefing of the incident’s known circumstances for the personnel involved in the investigation. The following is what I
learned during the briefing and the preliminary investigation.
On April 7, 2023, Santa Ana Police Officers ROBERT SANTAELLA and CRAIG COFER were working patrol,
wearing long black sleeve Santa Ana Police polo shirts and blue jeans, and driving a marked black & white police
vehicle.
At 6:40 PM, the officers initiated a traffic stop on a black 2003 GMC Yukon in front of 523 South Rosewood
Avenue. Officer COFER, the driver, got out of the police vehicle but remained near the driver door, while Officer
SANTAELLA remained sitting in the front passenger seat typing on the mobile data terminal.
At some point Officer COFER told the driver, later identified as MARVIN MELGAREJO, to place his hands outside of
the window opening. As Officer SANTAELLA got out of the vehicle, MELGAREJO opened the driver’s door and
exited the vehicle with a black handgun. Both officers fired their weapons at MELGAREJO as he threw the gun
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OCDA Personnel:Berry, Stan 235
Involvement:Reporting 4/12/2023
OCDA Personnel:Berry, Stan 235
Involvement:Approving 4/12/2023
toward the back of his vehicle or the front of the police vehicle.
At 6:41 PM, the officers advised over their police radio that an officer-involved shooting (998) occurred. They also
advised that the MELGAREJO ran north on South Rosewood Avenue and then east on West Myrtle Street, along
with a clothing description.
Due to there being a passenger in the GMC, later identified as , the officers requested
assistance at the scene and in the area to locate MELGAREJO.
Officers arrived and located MELGAREJO near 437 South Shelton Street with multiple gunshot wounds. Officers
rendered aid until paramedics with the Orange County Fire Authority arrive. The paramedics arrived on scene,
treated MELGAREJO for multiple gunshot wounds and transported him to Orange County Global Medical Center
(OCGMC) with non-life-threatening injuries.
The two shooting officers were wearing activated body-worn cameras (BWC) during the shooting, and captured
variations of the incident.
During the preliminary briefing and investigation, it was learned that several canvass witnesses heard two volleys of
gunfire but at two different locations. One group of shots were heard at the OIS location and the other was heard
near the area where MELGAREJO was located.
Eventually a civilian witness told officers that her Ring video captured a vehicle stopping where MELGAREJO was
located, and two males got out of a vehicle and fired multiple gunshots at MELGAREJO. Officers canvassed the
area where MELGAREJO was located and found ten .45 caliber casings and one 9 mm casing.
The officers did not provide a voluntary statement.
During the officer processing it was learned that both officers had 9 mm handguns. It is believed that Officer COFER
fired 14 rounds and Officer SANTAELLA fired 6 rounds.
It is believed that MELGAREJO suffered at least four gunshot wounds. It is believed that MELGAREJO was struck
by the officer(s) gunfire, but it could not be determined that all gunshot wounds were related to the OIS.
The following assignments were made:
· CARLOS GONZALES / EDDIE NUNEZ (SAPD) – Lead Investigators
· CLAUDIA MCCARTHY / MICHAEL GIBBONS (SAPD) – Scene
· THOM TOTH / RENA BONILLA (SAPD) – Hospital
· DAVE MELNYK / DANIEL PADRON (SAPD) – Officer Processing
· KRIS COVER / RONNY SANDOVAL (SAPD) – Canvass
· TOM HOANG / JERRY RAYA (SAPD) - Canvass
Refer to the packaged reports and documents for details of this investigation.
Narrative By: Berry, Stan #235 NO Audio Recording : N/A
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