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HomeMy WebLinkAboutOIS2012-0007 Officer Alcala interview-Andersen_Redacted S.A. 12-031 Investigator: Brett Andersen Approved By: Date of Report: 12/19/12 Date:01/07/13 Page 1 of 4 CASE NAME: LEON, IGNACIO JR. CLASSIFICATION: OFFICER INVOLVED SHOOTING (NON-FATAL) INTERVIEW OF: OFFICER DANIEL ALCALA ID #3226 SANTA ANA POLICE DEPARTMENT PRESENT: DETECTIVE LEO RODRIGUEZ ID #2408 SANTA ANA POLICE DEPARTMENT ATTORNEY LAW OFFICES OF APC DATE AND TIME: DECEMBER 19, 2012 1509-1552 HOURS LOCATION: SANTA ANA POLICE OFFICERS ASSOCIATION OFFICE 1607 NORTH SYCAMORE STREET, SANTA ANA On Wednesday, December 19, 2012, at approximately 1509 hours, I conducted an audio digitally recorded interview of Santa Ana Police Department (SAPD) Officer DANIEL ALCALA regarding this case. Also present was SAPD Detective LEO RODRIGUEZ and attorney of the law offices of APC. Prior to the interview, I ascertained that ALCALA had not been ordered to provide a statement and that he was willing to give a voluntary statement relating to the officer involved shooting incident. The following is a summary of the interview: ALCALA has been a police officer for the city of Santa Ana for approximately 2 years and 9 months. Prior to working for the city of Santa Ana, ALCALA was a deputy sheriff for 8 months with the Los Angeles County Sheriff’s Department. His assignment at the time of the shooting ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION INTERVIEW REPORT S.A. 12-031 Investigator: Brett Andersen Approved By: Date of Report: 12/19/12 Date:01/07/13 Page 2 of 4 incident was Northeast District Patrol. His shift was Friday through Sunday f rom 1800-0630 hours. On the night of the shooting incident, ALCALA started his patrol shift at 1800 hours. He was wearing his Santa Ana Police issued uniform, including shoulder patches and a metal badge. ALCALA was working a one man unit and driving a marked black and white police vehicle. His call sign was unit 343. At approximately 2343 hours, SAPD Officer DAVID GARCIA, also a one man patrol unit, was dispatched to 506 East Washington Avenue in regards to an unknown trouble call. ALCALA was dispatched to assist GARCIA on the call. While enroute to the call, dispatch advised that the calling party anonymously reported that unknown females were arguing with a male at the location and that a child was heard crying. Several minutes after being dispatched, both units arrived simultaneously and parked one property west of 506 East Washington Avenue. ALCALA and GARCIA approached the front door of 506 East Washington Avenue on foot and contacted a male resident there. They explained their reason for being there, and asked the male if there were any problems. The male allowed them inside the house and the officers spoke to his wife. After determining there was no problem at the front house, the unidentified male told ALCALA and GARCIA that he heard arguing and banging noises coming from the area outside the house. He told ALCALA and GARCIA that there were several families that lived to the rear of the house. As ALCALA and GARCIA exited the door of the home, they saw a male, later identified as LEON, suddenly run southbound on the driveway toward the backyard. Not knowing if LEON was related to the call, they ran south bound on the driveway after him. When ALCALA and S.A. 12-031 Investigator: Brett Andersen Approved By: Date of Report: 12/19/12 Date:01/07/13 Page 3 of 4 GARCIA got to the backyard, they did not see LEON. Instead, they saw to unidentified males in the backyard. One was wearing a red shirt and the other was smoking a cigarette. Although they did not locate LEON in the backyard, ALCALA heard what sounded like footsteps hitting the ground, as though someone had jumped down 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 to the front yard and out to East Washingt on Avenue. He then ran west to North Lacy Street in an effort to cut off LEON’s escape. At that point ALCALA no longer had visual contact with GARCIA, who was still in the backyard of 506 East Washington Avenue. Once he was on North Lacy Street, ALCALA moved over to the west curb line and began checking underneath the parked cars, looking for LEON. As he progressed southbound, ALCALA caught a bright light in his left peripheral vision. At the same time he 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 Nort h 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 talking to. As ALCALA began to move towards GARCIA’s position and the alcove, LEON suddenly appeared in ALCALA’s view. He saw the back of LEON’s head, and as he continued to rise from below the fence level, he saw the back of LEON’S torso and waist. LEON elevated quickly towards GARCIA and was not responding to GARCIA’s commands of “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 S.A. 12-031 Investigator: Brett Andersen Approved By: Date of Report: 12/19/12 Date:01/07/13 Page 4 of 4 believed that LEON was close enough to reach out and touch GARCIA. Even though he 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. 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 that GARCIA was in his line of fire and he may hit GARCIA, ALCALA did not shoot at LEON. It was at this point that ALCALA heard GARCIA fire three shots at LEON. After the shots were fired, LEON either jumped or fell over the cinderblock wall and into an adjacent parking lot below. A sketch was used as reference during this interview and is attached to the report.