Loading...
HomeMy WebLinkAboutOIS2012-0007 Summary_Redacted S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 1 of 20 CASE NAME: LEON, IGNACIO JR. CLASSIFICATION: OFFICER INVOLVED SHOOTING (NON-FATAL) AGENCY: SANTA ANA POLICE DEPARTMENT LOCATION: 506 EAST WASHINGTON AVENUE, SANTA ANA Preliminary Investigation ...........................................................................................1 Initial Scene Investigation/Evidence Collection .........................................................2 Interviews ...................................................................................................................8 Summary of Events ....................................................................................................9 Evidence Analysis .......................................................................................................18 Background Information ............................................................................................19 PRELIMINARY INVESTIGATION On Sunday, December 16, 2012, at approximately 0107 hours, I was contacted by Orange County District Attorney Supervising Investigator RON SEMAN regarding an officer involved shooting which occurred at 506 East Washington Avenue in the city of Santa Ana. SEMAN requested I respond to assist with the investigation. At approximately 0207 hours, I arrived and met with investigators from the Orange County District Attorney’s (OCDA) Office and the Santa Ana Police Department (SAPD). At approximately 0245 hours, SAPD Sergeant JAY MILLER conducted a briefing of the known circumstances surrounding the incident for the personnel involved in the investigation. ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION INVESTIGATIVE SUMMARY S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 2 of 20 At the conclusion of the briefing, the following assignments were made:  BRETT ANDERSEN / LEO RODRIGUEZ (SAPD) – Case Investigators  MARK GUTIERREZ / DOMINGO CABRERA (SAPD) – Canvass / Officer Processing  TOM CONKLIN and ED WOOD / JIM GARCIA (SAPD) – Scene  PAUL CARVO / ANDY ALVAREZ (SAPD) – Canvass  FRANCISCO REYNOSO / GUSTAVO MOROYOQUI (SAPD) – Canvass  KORY DEGRAFFENREID / DEAN FULCHER (SAPD) – Hospital The following personnel from the Orange County Crime Lab (OCCL) responded to process the scene and collect evidence:  OMAR LAZO Senior Forensic Specialist  JENNIFER JARRETT Forensic Specialist  RYAN MCNAMARA Lead Forensic Specialist  FELICIA BURKE Forensic Specialist The following case numbers were issued:  Santa Ana Police Department case CI 12-36993  Orange County Crime Lab case FR 12-58683 RODRIGUEZ provided me with the following items:  Santa Ana Police Department crime scene log  Santa Ana Police Department reports related to case CI 12-36993  Santa Ana Police Department audio green (channel 1 transmissions) TINA PERIJA of the Orange County Fire Authority (OCFA) provided the following:  OCFA incident report 99834 INITIAL SCENE INVESTIGATION / EVIDENCE COLLECTION The scene was described as follows: The weather was cold, wet and slightly windy. The shooting incident occurred just before midnight. The scene was cordoned off with yellow crime S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 3 of 20 scene tape. Uniformed Santa Ana Police Department personnel were station ed to prevent access and preserve evidence within the scene. The exterior perimeter was cordoned off with yellow crime scene tape. There was one functioning street light standard on the north curb line just west of the residence on East Washington Avenue . The shooting incident occurred in the southwest corner of the backyard of 506 East Washington Avenue, Santa Ana. East Washington Avenue was an un -delineated east-west residential street. The north and south curb line has a raised concrete curb and was populated with mostly single story residences. 506 East Washington Avenue was a two story residence. The house color was green with white trim. There was a white picket fence with a gate that opens and borders the front of the house and the east perimeter of the residence. The numbers “506” in black were affixed to the right side of the white door frame. The front of the residence faced north onto East Washington Avenue. Red brick was below the wood siding running along the west side of the house. There was a raised concrete porch, which leads to the front door of the house . There was a motion sensor light on the west side of the residence, mounted in the middle, near the pitch of the roof. There was a gray stamped concrete driveway that ran north and south, along the west side of the residence. There was a detached garage with a large entry door, which faced north. An unlocked chain and pad lock were attached to the frame of the door. There was a cement walkway leading south to the end of the garage and adjacent to the walkway was a red brick walkway which led south to a cinder block wall. S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 4 of 20 South of the detached garage was a detached plywood storage shed. The detached shed had a corrugated plastic roof. South of the storage shed was an open dirt area. Within the dirt area was a reclining chair, a desk, several bicycles, two trees with heavy foliage near the corner of the yard, miscellaneous furniture, a patio umbrella, and chopped wood. There was a raised porch with stairs that lead to a second residence in the back and to the rear of the front house. There was another entry door facing west with concrete steps and a small window adjacent to the front door. A white refrigerator was partially blocking the window. The front door faced south and there was a white metal security door attached to the door. The south perimeter of the residence was bordered by a commercial parking lot belonging to the French Park Care Center, located at 600 East Washington Avenue. The east perimeter was bordered by 508 and 510 East Washington Avenue which was a residential duplex. The west perimeter was bordered by an apartment complex on North Lacy Street. The apartment complex consisted of 1221, 1223, 1225, and 1227 North Lacy Street. Further investigation revealed that the LEON was in the alcove are of 1221 – 1227 North Lacy Street at the time of the shooting incident. The alcove area of 1221-1227 North Lacy Street was enclosed by a wooden fence on the east, that separated the alcove from the backyard of 506 East Washington Avenue, the garage structure of 1221-1227 North Lacy Street on the north, a block wall that separated it from the parking lot of 600 East Washington Avenue on the south, and a wooden fence on the west that contained the trash dumpster for 1221-1227 North Lacy Street. S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 5 of 20 When initially discovered, the alcove contained a large amount of trash and debris. The debris included, tree branches, discarded alcohol containers, used condoms, old mattresses, and other miscellaneous trash. At the east end of the alcove, against the wooden fence that separated the alcove from the back yard of 506 East Washington Avenue, there was an approximately three foot tall wooden saw horse type item against the fence. The saw horse allowed the opportunity for a person to quickly climb up the block wall or wooden fence. On December 19, 2012, SAPD detectives searched the alcove for any weapon(s) that LEON may have hidden or dropped as he hid from and later advanced on GARCIA. No weapon was found. VEHICLES IN SCENE The following vehicles were parked on the driveway of the residence:  Vehicle #1 – 2003 Ford Expedition, four door, black, The registered owner was , Santa Ana, 92707. The vehicle was facing south.  Vehicle #2 – 2000 Chevrolet extended cab, white, . The registered owner was , Santa Ana, 92701. The vehicle was facing south.  Vehicle #3 – 2002 Saturn, four door, white, The registered owner was , Santa Ana, 92701. The vehicle was facing south.  Vehicle #4 – 1991 panel pickup truck, two door, white, . The registered owner was Orange, 92868. The vehicle was facing south. S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 6 of 20  Vehicle #5 – 2005 Kawasaki motorcycle, black, The registered owner was Gardena, 90249. The motorcycle was parked facing south on the driveway and east of the Ford Expedition. Additional vehicles were located south of the perimeter cinder block wall of the residence in the north parking lot of 600 East Washington Avenue.  Vehicle #1 - 2002 Saturn, four door, white, The registered owner was , Santa Ana, 92701.  Vehicle #2 - 2005 Nissan Altima, four door, gray, . The registered owner was Santa Ana, 92701.  Vehicle #3 - 1993 Ford pickup truck, two door, green, The registered owner was Garden Grove, 92840.  Vehicle #4 - 2012 Nissan, four door, black, Sentra, . The registered owner was , Yorba Linda, 92886.  Vehicle #5 - 1996 Jeep 4 x 4, four door, green, . The registered owner was , Santa Ana, 92701.  Vehicle #6 – 1996 Nissan Quest, van, Gray, The registered owner was , Santa Ana, 92701. Parked west of the residence on East Washington on the south curb line and facing east, were two Santa Ana Police Department police vehicles; Santa Ana Police Unit #820, California license number 1363979, belonging to SAPD Officer DAVID GARCIA and directly behind this vehicle was Santa Ana Police Unit #836, California license number 1363985, belonging to SAPD Officer DANIEL ALCALA. At approximately 0330 hours, Orange County Crime Lab (OCCL) personnel began processing the scene. S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 7 of 20 Evidence Collection At approximately 0408 hours, OCCL Forensic Specialist HILARY PEPLOWSKI photographed the officer involved in the shooting incident and c ollected the following under FR 12-58683: Santa Ana Police Officer DAVID GARCIA #3231  Glock, Model 22, .40 caliber semi-automatic pistol, Serial Number: LGU499  One magazine from the pistol containing 12 rounds and 1 round from the chamber of the pistol  Two additional magazines from magazine pouch each containing 15 rounds GARCIA also carried a Taser X-26, Serial Number: X00-546327, with one Taser cartridge (Photographed) At approximately 0427 hours, PEPLOWSKI photographed and conducted a round count on the following officer: Santa Ana Police Officer DANIEL ALCALA #3226  Glock, Model 22, .40 caliber semi-automatic pistol, Serial Number: LGU505  One magazine from the pistol containing 15 rounds and 1 round from the chamber of the pistol  Two additional magazines from the magazine pouch each containing 15 rounds  Taser X-26, Serial Number: X00-658005, with one Taser cartridge At approximately 0525 hours, the following items of evidence were collected by OCCL Forensic Scientists JENNIFER JARRETT and FELICIA BURKE from the backyard of 506 East Washington Avenue. The items were collected under the following evidence marker (EM) numbers:  EM#1 – One Smith & Wesson .40 caliber cartridge case S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 8 of 20  EM#2 – Two Smith & Wesson .40 caliber cartridge cases The scene continued to the parking lot of 600 East Washington Avenue (French Park Care Center) and OCCL Forensic Scientists JENNIFER JARRETT and FELICIA BURKE collected the items under the following evidence marker (EM) numbers:  EM#3 – Piece of torn black t-shirt  EM#4 – Jacketed bullet fragment with apparent blood  EM#5 – Piece of torn black t-shirt with apparent blood Miscellaneous identification was found adjacent to EM#5 above. These items consisted of the following:  work identification in the name of IGNACIO LEON JR.  Medical Marijuana photo card with picture of a Hispanic male subject  California State Benefits identification card with name of IGNACIO LEON JR. There was an orange and white patrol trauma box (patrol kit) located just south of (EM) 3, 4, and 5. On December 17, 2012, OCCL Lead Forensic Specialist ANDREW HAYES responded to Western Medical Center – Santa Ana and collected a container that included bullet fragments removed from LEON during surgery. On December 20, 2012, OCCL Forensic Specialist LAURABETH CAMACHO photographed the alcove at 1221-1227 North Lacy Street and its proximity to the backyard of 506 East Washington Avenue. INTERVIEWS I conducted the following interviews:  DAVID GARCIA Police Officer S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 9 of 20  DANIEL ALCALA Police Officer  KEN GABRIELSON Firefighter / Paramedic  Neighbor  Acquaintance of LEON Investigator KORY DEGRAFFENREID conducted the following interviews:  Trauma Surgeon  Registered Nurse Investigator PAUL CARVO conducted the following interviews:  Acquaintance of LEON  Acquaintance of LEON Investigator PAUL CARVO conducted 12 canvass interviews. Investigator FRANCISCO REYNOSO conducted 29 canvass interviews. Investigator MARK GUTIERREZ conducted 8 canvass interviews. SUMMARY OF EVENTS During the course of this investigation, 58 interviews were conducted. After reviewing witness statements, SAPD reports, SAPD radio transmissions, Orange County Crime Lab reports, OCFA incident reports, crime scene photographs and other relevant reports and materials, the following summary of events was developed as a result of this investigation: On the afternoon of Saturday, December 15, 2012, IGNACIO LEON, his girlfriend , and their 2 month old son arrived at LEON’s mother’s apartment at 506 East Washington Avenue, in the city of Santa Ana. Soon after, LEON ’s mother, went out for the evening and returned at approximately 2200 S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 10 of 20 hours. was upset that LEON was not at the apartment when she got back. She was aware that LEON had gone out with his brother, but didn’t know where. At approximately 2300 hours, LEON arrived back at the apartment “drunk.” He and argued over his inebriation, which escalated to the point that asked two roommates, and , to escort LEON out of the apartment. and had to use some force to keep LEON from going back into the apartment, but they were able to get LEON down the stairs and away from the front door. After LEON left, locked the apartment door so that LEON would not come back. At approximately 2343 hours,, a neighbor that resided at Avenue, was in her residence when she heard a male and female arguing outside of her residence. also heard a child with the adults. heard a female yell in Spanish, “Shut-up, shut-up, it is better if you leave him.” stepped out of her residence, onto her doorstep, and could still hear the arguing in Spanish, but could not see anyone. went back into her residence and called the Santa Ana Police Department to report the incident. called the non-emergency telephone line at the Santa Ana Police Department and asked to remain anonymous, when the police dispatcher asked for her name. Shortly after LEON left the apartment, he returned home and wanted back inside. When refused, LEON broke a window next to the door and fled. LEON was last seen walking northbound on the driveway toward his vehicle. S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 11 of 20 According to , a neighbor residing at , LEON quickly walked northbound on the driveway toward the black car he had arrived in. LEON was carrying something in his right hand that she described as black, and larger than a cellular telephone. As LEON neared the vehicle at the north end of the driveway, he suddenly stopped walking, used his left hand to lift up the front of his black t-shirt, then put the object he had in his right hand into his front waistband. LEON turned and ran southbound on the driveway and into the backyard behind 506 East Washington. At approximately 2344 hours, SAPD Officers DANIEL ALCALA and DAVID GARCIA and were dispatched to 506 East Washington Avenue in reference to call. SAPD Dispatch broadcast the call as “927 – CP HEARS FEMS YELLING & ARGUING W/A MALE, ALSO HEARS KIDS CRYING…ANONYMOUS S/S FEMALE.” At approximately 2346 hours, GARCIA and ALCALA arrived at the location. GARCIA observed a shirtless male, later identified as , standing in the open doorway of 506 East Washington Avenue. Upon seeing the officers, went inside the residence and closed the door. GARCIA and ALCALA contacted and his wife, , and determined the disturbance was not in the front house. While walking out of the residence, GARCIA saw LEON suddenly run southbound on the driveway. As LEON ran, GARCIA noticed he was grabbing his waistband. Believing that LEON was related to the call they were investigating, he yelled to ALCALA, “We have a runner!” Both officers ran south on the driveway after LEON. When ALCALA and GARCIA got to the backyard, they did not see LEON. Both officers heard what sounded like footsteps hitting the ground, as though someone had jumped down S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 12 of 20 off a wall. ALCALA and GARCIA believed it to be LEON, so GARCIA maintained a position at the south wall of the backyard and ALCALA ran back toward East Washington Avenue, and then west to North Lacy Street, in an effort to cut off LEON’s escape route. While ALCALA was looking for LEON on North Lacy Street, GARCIA heard movement on the other side of a wooden fence, at the southwest corner of the yard, and believed it was LEON. At this point, GARCIA and ALCALA no longer had visual contact with each other. GARCIA climbed on top of a white table, next to the south wall, and was able to see south over the wall and into the parking lot on the other side. GARCIA did not see LEON in the parking lot, so GARCIA thought the noise he heard may have come from within the alcove to the west. From his position standing on the table, GARCIA climbed on top of a washer and dryer that were up against the south wall and a west wooden fence. The washer/dryer units were draped with a sheet of plastic, which made for an unstable platform for GARCIA to s tand on. Not knowing why LEON ran from the Police, or what his possible involvement in the call of “females arguing with a male and children crying” may have been, and for officer safety reasons, GARCIA held his handgun in his right hand and his flashlight in his left hand. GARCIA stood on top of the washer/dryer units and began to look west into the alcove. As GARCIA cleared the alcove, he observed LEON crouched down, approximately 4 feet from the west wooden fence that separated the two properties. LEON had a dark jacket covering him, with his right hand concealed in the front of his waistband. GARCIA described LEON as staring south at the block wall and “he had a blank stare, uh like deer in the headlight type of thing stare.” GARCIA immediately ordered LEON, “Let me see your hands, Santa Ana Police, don’t move!” S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 13 of 20 LEON didn’t respond or acknowledge GARCIA’s verbal commands. GARICA repeated his command for LEON to show his hands. GARCIA stated that, “At this time it clicks, I guess it clicked on him that I was there, he looks up at me and he goes “fuck you, I’m going to kill you!” LEON began to quickly climb out of the alcove and advance toward GARCIA. As he did this, LEON continually tugged at the front of his waistband with his right hand. GARCIA told LEON several times not to move and to show his hands . At this point, GARCIA noticed ALCALA was west of them on North Lacy Street. GARCIA continued to yell commands at LEON, loud enough so that ALCALA would know where GARCIA was and alert him to LEON’s aggressive behavior. According to ALCALA, as he progressed south on North Lacy Street, he moved to the west curb line and began checking underneath the parked cars, looking for LEON. Near the south end of the garages at 1221-1227 North Lacy Street, ALCALA saw a bright light in his left peripheral vision. At the same time, ALCALA heard GARCIA yelling, “Let me see your hands!” at somebody. From his position on the west curb line of North Lacy Street, ALCALA was able to see that GARCIA was shining his flashlight and directing his attention at somebody who was in the alcove area of the garage structure for 1221 through 1227 North Lacy Street. GARCIA was standing on something that elevated him above the fence level of the backyard of 506 East Washington Avenue. Initially, ALCALA was unable to see who GARCIA was yelling command. As ALCALA began to move towards GARCIA’s position near the alcove, LEON suddenly appeared in ALCALA’s view. ALCALA saw the back of LEON’s head, and as he continued to rise fro m below the fence level, ALCALA saw the back of LEON’S torso and waist. LEON elevated quickly toward S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 14 of 20 GARCIA and was not responding to GARCIA’s commands to “don’t move” and “stay there.” GARCIA repeated, “Let me see your hands!” As ALCALA got closer to LEON and GARCIA, he could see that LEON had advanced on GARCIA enough that he was within approximately 3 feet of GARCIA. ALCALA believed that LEON was close enough to reach out and touch GARCIA. Even though ALCALA could see LEON’s back from the waist up to his head, he could not see LEON’s hands and they appeared to be in front of him. GARCIA believed LEON was either armed with a gun, a knife, or was trying to convince GARCIA that he had a weapon. LEON refused to comply with GARCIA’s commands as he climbed out of the alcove and advanced toward GARCIA. As he advanced, LEON repeatedly told GARCIA, “Fuck you, I’m going to kill you!” while continually tugging at his front waistband , with his right hand and reaching out with his left hand, for GARCIA’s handgun. According to GARCIA, “Um, so when he’s climbing up his, his body actually becomes a silhouette to me, he’s ah blackened out by the light, the back drop of the light.” At this time, GARCIA was still holding his handgun in his right hand and pointing it at LEON. GARCIA was convinced that LEON intended to take his gun away from him and kill him with it. GARCIA stated, “So the last image I have of him is saying “fuck you I’m going to kill you!” pulling on his waistband. Um, that image is immediately broken by his left hand…now he’s; he’s up here by his left and reaching out for my gun. My gun is, I want to say a foot, foot and a half from his hand. Um, once I see that , I know that he’s, he’s committed. He’s ready to take me down, it’s either I commit to it, or I let him, I let him take my back and now I could be dead…” S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 15 of 20 When LEON reached for GARCIA’s handgun, GARCIA told LEON once more n ot to move. LEON continued advancing, so in fear of his safety, GARCIA fired one round, striking LEON in the chest. According to GARCIA, “Um, so once that image is broken, I tell him again don’t move, don’t move, and he’s continuing. I shoot him once, I see the light, ah…the muzzle, it hits him straight in the chest. He doesn’t jump over, he doesn’t step back, he continues.” LEON continued advancing on GARCIA, so GARCIA fired two more times; according to GARCIA “(LEON) continues to come at me. At that time, I immediately do two more rounds, but it was within seconds, it was…a bam, bam, and it hits him. He (LEON) screams out, “you got me” and jumps over now.” After GARCIA shot LEON a second time, LEON jumped over the block wall and into the parking lot of 600 East Washington Avenue. GARCIA explained that a Taser and other less lethal options were not considered due to the unstable platform GARCIA was standing on, and the lack of available time to respond to LEON’ aggressive behavior. According to GARCIA, “Now, um, it’s…based on my training experience the way this male… his demeanor, his actions uh, when I was in training, I had this, this one guy holding onto his waistband as he ran and he dumped two guns. Um, I like I said I’ve had suicide, suicidal guys with a knife, even with a Taser, um still stick themselves in the chest. This guy was within feet of me. Um, if he had a gun, he could have easily shot me right there and then. If he had a knife he could have easily stabbed me up here. Um, if you asked me if I feared for my life, yeah, I believed his threats were there, and I believed he had the capacity and the…uh…he was fully committed to wanting to kill somebody that night.” In ALCALA’s opinion, LEON’s rapid advancement and subsequent proximity to GARCIA posed a threat to GARCIA’s safety. ALCALA was fearful for GARCIA’s safety, but due to the fact S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 16 of 20 that GARCIA was in his line of fire, ALCALA did not shoot at LEON. It was at this point, that ALCALA heard GARCIA fire three shots. After the shots were fired, LEON either jumped or fell over the cinderblock wall and into an adjacent parking lot below. LEON was taken into custody in the parking lot of 600 East Washington Avenue. Officers provided medical aid to LEON prior to the arrival of Orange County Fire Authority (OCFA) paramedics. According to , GARCIA was standing under a large tree next to the south wall. GARCIA’s left foot was on a makeshift bench that was nailed to the base of the tree and his right foot was on the ground. LEON climbed up out of the alcove and on to the top of the block wall. saw LEON with his hands raised in the air above his head, walking on top of the 3 inch wide wall. LEON took two or three steps in an easterly direction on top of the block wall and looked down at the officer. As LEON stood on the wall above the officer with his hands in the air, LEON yelled at the officer in a “slurred” voice “fuck you motherfuckers!” The officer shot LEON three times. said that LEON drank one large bottle of beer and left another one inside the apartment that evening. At approximately 2354 hours, the following personnel assigned to OCFA Engine 75 were dispatched to the area of East Washington Avenue, north of French Street, in the city of Santa Ana, regarding a gunshot victim:  GABRIELSON, KEN Captain/Paramedic  LONG, MIKE Firefighter/Paramedic  WELCH, STEVE Engineer  JIMENEZ, RODRIGO Firefighter S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 17 of 20 At approximately 2358 hours, Engine 75 arrived on scene. For safety reasons, OCFA personnel staged nearby until it was safe to enter the scene. Approximately two minutes later, OCFA personnel were cleared to enter the scene and were directed to LEON by SAPD officers. GABRIELSON found LEON handcuffed and laying on his right side. GABRIELSON was advised by SAPD officers that LEON had been shot with a .40 caliber handgun. LEON was suffering from a gunshot wound to his right upper chest and another to the right upper quadrant of his abdominal area. According to GABRIELSON, LEON was placed on a backboard and immediately transported via Care Ambulance to Western Medical Center – Santa Ana, located at 1001 North Tustin Avenue, in the city of Santa Ana. While en route to the hospital, GABRIELSON administered oxygen via mask and started two intravenous lines (IVs). The IVs were inserted in the left and right forearms. No medications were administered via the IV lines. Although they attempted spinal immobilization, LEON did not tolerate it due to his injuries. Other than answering medical questions, LEON made no statements regarding how he was shot. At approximately 0012 hours, LEON arrived at Western Medical Center – Santa Ana. GABRIELSON turned treatment of LEON over to the trauma team that met them at the emergency room. Doctor was the treating emergency physician and surgeon for LEON. LEON entered the Emergency Room conscious and was able to answer questions regarding his medical history. LEON did not make any statements regarding what had occurred that evening or how he was injured. S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 18 of 20 LEON was admitted for two gunshot wounds; one was a through and through wound to his right chest area and the second was a gunshot wound to his right abdomen. A chest X-Ray and a Computed Axial Tomography (CAT) Scan were completed. The chest wound was determined not to need treatment. The right abdomen wound was determined to need an for an injury to LEON’S . The right side of LEON’S and his during surgery. After surgery, the abdomen was left open and would be closed during a future surgery. The CAT scan showed one projectile still lodged in LEON’S back, under his skin. did not remove this projectile during surgery and believed that it would be removed during the future surgery. expected LEON to make a full recovery. While the nurses were tending to LEON after surgery, they observed a laceration to his right arm. On December 19, 2012, I attempted to interview LEON regarding the shooting incident; however, he declined to be interviewed for this investigation. On December 19, 2012, Officer DANIEL ALCALA was interviewed. At the conclusion of the interview, it was learned that, while Officer DAVID GARCIA was in the backyard of 506 East Washington Avenue when he fired his handgun; LEON was actually climbing out of the alcove area next to the garage structure at 1221-1227 North Lacy Street. EVIDENCE ANALYSIS WEAPONS EXAMINATION Officer GARCIA’s department issued Glock Model 22 , .40 caliber pistol, serial number LGU499, was submitted to the OCCL for testing. The Glock pistol was test fired and operated S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 19 of 20 without malfunction. The 3 fired cartridge casings from the scene (EM-1 and EM-2) were determined to have been fired by GARCIA’s Glock model 22 pistol. The bullet from the scene (EM-4) and the bullet recovered from LEON’s back both shared class characteristics with the Glock pistol, however it could not be determined if the bullet or jacket were fired from GARCIA’s pistol. The result of the microscopic comparison of the bullet was inconclusive. The jacket lacked marks suitable for microscopic comparison. GUNSHOT DISTANCE ESTIMATION Evidence items EM3 and EM5 were examined for the presence of bullet holes, gunpowder particles and gunpowder patterns. One hole was located near the center of the shirt, in the design side of the larger shirt piece. One imbedded particle was observed near the hole. The area around the hole tested positive with a presumptive test for lead. Eight cartridges from one of the fully loaded Glock magazines were used to generate gunpowder pattern exemplars from the pistol at muzzle to target distances of 6, 12, 18, 24, 30, 36, 48, and 60 inches. Assuming the material of the shirt and the gunpowder pattern targets behave similarly, and significant amounts of gunpowder were not lost during the prior handling of the shirt, the shot into the shirt by the Glock pistol was at a muzzle distance between 24 and 36 inches. BACKGROUND INFORMATION LEON has a California . He has previously been arrested for the following charges:  S.A. 12-031 Investigator: BRETT ANDERSEN Approved By: Date of Report: 04/02/2013 Date: 04/02/2013 Page 20 of 20      )