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HomeMy WebLinkAboutOIS2012-0006 Officer Antonio Graham int_Redacted SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 1 of 46 CASE NAME: GUILLEN, JAIME LOPEZ CLASSIFICATION: OFFICER INVOLVED SHOOTING (NON-FATAL) INTERVIEW OF: ANTONIO GRAHAM, OFFICER SANTA ANA POLICE DEPARTMENT PRESENT: ANDY ALVAREZ, DETECTIVE SANTA ANA POLICE DEPARTMENT , ATTORNEY LAW OFFICES OF , APC DATE AND TIME: NOVEMBER 29, 2012 1200-1256 HOURS LOCATION:SANTA ANA POLICE OFFICERS’ ASSOCIATION 1607 NORTH SYCAMORE STREET, SANTA ANA On the above date and time, I conducted an audio digitally recorded interview of Santa Ana Police Officer ANTONIO GRAHAM regarding the officer involved shooting incident involving JAIME LOPEZ GUILLEN. The following is a transcript of the interview: LEGEND: ... Denotes pauses between words or phrases, incomplete sentences, Stammering, etc. (Does not indicate missing words). *** Denotes unintelligible conversation. (Sic)Denotes precisely reproduced word. [BEGINNING OF INTERVIEW] CARVO: This is Investigator CARVO. Today’s date is November 29, 2012, approximately 12:00 p.m. This will be an interview regarding Special Assignment number SA 12-026, and this interview is being conducted at the Santa Ana Police Officer’s Association building. And I’ll ask everybody to introduce themselves for the tape. ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION INTERVIEW REPORT SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 2 of 46 ALVAREZ: Detective ANDY ALVAREZ, Santa Ana PD, Homicide ID 2857. GRAHAM: Officer ANTONIO GRAHAM, ID badge 2965 , representing Officer GRAHAM. CARVO: Okay. And um, Officer GRAHAM, your first name is ANTONIO, right? GRAHAM: Yes. CARVO: Can you spell it for me? GRAHAM: A-N-T-O-N-I-O. CARVO: Alright. And is it alright if I call you ANTONIO? GRAHAM: Yes. CARVO: Alright. Um, I’m going to give you a little admonition here. Is this a free and voluntary statement that you’re going to give? GRAHAM: Yes. (LAUGHTER) CARVO: Has anyone from… GRAHAM: I’ll ignore that. CARVO: …your agency ordered you to give a statement? GRAHAM: No. CARVO: Okay. And do you feel compelled to give a statement because the District Attor…District Attorney is involved? GRAHAM: Ah… CARVO: Do you feel like you’re compelled to give a statement? GRAHAM: No. 1 SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 3 of 46 CARVO: Okay. I’m going to throw an extra one in here because you and I worked at the same time at Tustin PD, do you feel compelled to give a statement or any way influenced to give a statement because we worked together in the past? GRAHAM: No. CARVO: Okay. Um, and we’re going to be talking about an incident that happened on October 22, 2012. At that time, um, were you working as a patrol officer for Santa Ana PD? GRAHAM: Yes I was. CARVO: Um, and how long have you been a patrol officer for Santa Ana PD? GRAHAM: Ah, 8. CARVO: Eight years? Eight years? GRAHAM: Uh-huh. CARVO: Okay. And do you have any rank there? GRAHAM: I’m an FTO, Field Training Officer. CARVO: Okay. And how long have you been an FTO? GRAHAM: Five years. CARVO: Alright. And prior to Santa Ana, I already mentioned you worked at Tustin PD correct? GRAHAM: Yes. CARVO: And how long were you there? GRAHAM: Three years. CARVO: Did you work anywhere before Tustin? GRAHAM: Just…not in a full time… SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 4 of 46 CARVO: Not, not as a full time, okay. So you have about 11 years full time as a police officer? GRAHAM: Yes. CARVO: Okay. Um, on October 22, what shift were you working? GRAHAM: Ah, graveyard patrol. CARVO: Was that your normal shift? GRAHAM: Yes, 6:00 at night to 6:30 in the morning. CARVO: Are you still currently working that shift? GRAHAM: Yes. CARVO: Okay. Um, and was that ah, that was a normal workday; it wasn’t an overtime day, or anything like that. GRAHAM: No, just a normal patrol day. CARVO: Okay. And what are your, or at the time, what were your days off? GRAHAM: Um, I worked Sunday, Monday, Tuesday, my days off are Wednesday, Thursday, Friday and Saturday. CARVO: Do you have any kinda of a payback day or anything like that, or are you straight 3/12? GRAHAM: Ah we do have a payback day, and this falls on a Wednesday. CARVO: Falls on a Wednesday for you? GRAHAM: Uh-huh. CARVO: Okay. And the day of the week of this was…do you remember? GRAHAM: *** (SIMULTANEOUSLY SPEAKING) GRAHAM: I believe it was a Monday. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 5 of 46 CARVO: A Monday, right, yeah. GRAHAM: It was a Monday. CARVO: Um, so Wednesday is your payback. How many hours a day is your payback day? GRAHAM: Ah, it’s 12 and a half hours. CARVO: Also 12 and a half. Okay. On this particular day, on October 22, um how were you dressed? GRAHAM: Um, in standard issued Santa Ana PD blue uniform. CARVO: Do you remember if you were wearing short sleeve or long sleeve? GRAHAM: I believe I was wearing ah, you know I don’t remember, I think I was wearing ah long sleeved. CARVO: Okay. GRAHAM: Ah, I don’t remember though. CARVO: Can you describe that uniform to me, what ah, what it looks like, patches, badge, that kinda of thing. What’s on your uniform? GRAHAM: Um, a blue wool uniform with Santa Ana PD patches on both sleeves, and FTO patch on both sleeves, ah my ah trousers and ah my Sam Brown belt. CARVO: Okay. GRAHAM: Which is nylon, a gun, baton… CARVO: Um, badge. GRAHAM: …badge… CARVO: On your uniform? GRAHAM: Yes. CARVO: Ah, on the left side, is that correct? SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 6 of 46 GRAHAM: Yes. CARVO: Name plate? GRAHAM: Yes. CARVO: Any other um markings on the back or anything like that? GRAHAM: No. CARVO: Okay. When you say FTO patches, is it ah…the letters FTO, are they, do they use like chevron stripes... GRAHAM: It’s a chevron, it’s a stripe around… CARVO: Huh? GRAHAM: It’s a stripe with a star. CARVO: Okay. Um, now you mentioned that you had your um your gun belt on. I wanna kinda go through everything you have on your gun belt. So if you wanna start at one spot and work your way around just list everything that you carry on duty. GRAHAM: Um, I have a starting from my left going around to my right, I have a baton ring, which I carry a baton. Ah, then I have a radio next to that. CARVO: Uh-huh. GRAHAM: Um, I have my department issued X-26 Taser. I have my OC spray that is behind that, two handcuff cases, my gun, and a flashlight, and then a key keeper. CARVO: Okay. Um, two handcuff cases, two singles or one double? GRAHAM: Two singles. CARVO: Two singles, okay. And then a flashlight that’s separate from your gun? GRAHAM: Yes. CARVO: Okay. You don’t have a flashlight mounted on your gun? SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 7 of 46 GRAHAM: I do. CARVO: You do have a flashlight mount. So you have a separate flashlight and a flashlight mounted on your gun. GRAHAM: Correct. CARVO: Okay. Um, I didn’t hear magazines, I am sure you have magazines on there somewhere. GRAHAM: Oh yeah. Magazine, ah two magazines. CARVO: Okay. Front left? GRAHAM: Front left. CARVO: Okay. What kind of weapon do you carry as your primary duty weapon? GRAHAM: A Glock. CARVO: Do you know the model? GRAHAM: 21. CARVO: Model 21? GRAHAM: Yes. CARVO: Is that a 40 cal? GRAHAM: Yes. CARVO: And do you know the magazine capacity? GRAHAM: 16 and one, I believe. CARVO: 16 plus one. GRAHAM: 15 and one. CARVO: 15 and one. So you think it’s either 15 or 16 plus one. GRAHAM: I think it’s 16 plus one, maybe no, it’s 15 plus one. CARVO: Okay. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 8 of 46 GRAHAM: 15 plus one. CARVO: That sounds right. GRAHAM: So I was right. CARVO: Um, so you carry 15 in the magazine, one chambered and then two magazines with 15 each, correct? GRAHAM: Correct. CARVO: Okay. Um, do you carry a backup? GRAHAM: Yes. CARVO: And what kind of backup do you carry? GRAHAM: Glock 27. CARVO: That’s also a 40 cal right? GRAHAM: Yes. CARVO: Do you carry extra magazines for your backup? GRAHAM: Ah, no they’re interchangeable with my duty. CARVO: Okay. GRAHAM: No. But it has a magazine in it as well. CARVO: Right. And where do you carry that? GRAHAM: On my ankle, my left ankle. CARVO: Were you photographed by Orange County Sheriff’s Department CSI on the evening of this incident? GRAHAM: Yes. CARVO: Okay. And were you photographed in the uniform you were wearing at the time of the incident? GRAHAM: Yes. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 9 of 46 CARVO: Okay. Now you said that you carried a Tazer, correct? GRAHAM: Yes. CARVO: An X-26. GRAHAM: Yes. CARVO: Did you use that Tazer during this incident? GRAHAM: No. CARVO: Okay. On the day of this incident do you know what ah police car you were assigned to? Do you know the unit number? GRAHAM: Ah it was 856. CARVO: 856. And what was your call sign? GRAHAM: 372Alpha. CARVO: So you were a two officer unit correct? GRAHAM: Correct. CARVO: Were you the driver or passenger officer? GRAHAM: The passenger. CARVO: What other weapons are, are inside that police car on the day of this incident? Do you have any long guns or any additional weapons? GRAHAM: Ah, yes, a Ruger 40 mm rifle. CARVO: Okay. GRAHAM: And a 40 mm less than lethal. CARVO: Where are those kept? Are they… GRAHAM: The Ruger is kept in a, ah rifle rack in the…between the seats. CARVO: Okay. GRAHAM: And the 40 mm is kept in the trunk. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 10 of 46 CARVO: Okay. Is there a video recorder in the vehicle? GRAHAM: No. CARVO: Do any of your department vehicles have video recorders that you know of? GRAHAM: No. CARVO: Okay. Were you carrying an audio recorder of any kind? GRAHAM: No. CARVO: And do you know if anybody else at the scene was? GRAHAM: No. CARVO: Okay. Um, that’s kinda the preliminary stuff I wanna just have you go through the incident in as much detail as you can remember. Ah, starting with when you received the call for service, where you responded from, where you went, what you did and saw, um, and try, just try and be detailed as you can, and then I’ll follow up with any questions and include not only what you saw, but also what you heard, and what you were thinking at the time that all this was going on. Okay? GRAHAM: Uh-huh. CARVO: Alright. Go ahead. GRAHAM: Ah we received a, me and Officer ENRIQUEZ, received a dispatch to call to respond to um the area of the high school, regarding I believe it was Pine, ah I don’t remember exact address that they put out. That was a while ago. Um, and we responded somewhere ah I believe Bishop somewhere. I know we were down south somewhere. CARVO: Okay. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 11 of 46 GRAHAM: We responded because it was a call of a possible robb…robbery in progress. A male subject that just ah robbed someone, and he said he had a gun. There were several calls received. Um, and so we responded. Um, on the way there I was thinking that it was actually a legitimate call, ‘cause we get a lot of calls that, you know, sometimes people call and say it’s gun, this guy got a gun and it never end up being but I remember thinking that it was ah, ah a serious call ‘cause we have multiple reporting parties on this call. Um, so at this point we started going closer to the scene. Um, I took my gun out of the holster just because I figured it was probably a guy that was gonna be there with a gun, you know, thinking that, in case he, you know, there ambushed us or anything, then I be prepared at this point. So my, my attention was heightened, you know, my feelings, my ah, I was more attentive because I figured this is a legitimate call. Ah, we go, we pull up, I believe it was Ross Street, and we see several subjects um in the middle of street, um waving and flagging us down. Officer ENRIQUEZ then pulled up to um, I believe it was Pine Street, from Ross. Um, there was a gentleman standing out there pointing out in an easterly direction stating that a guy has a gun, ah a guy has a gun. He’s down there pointing in the east direction of Pine. I looked out Pine Street, um, I believe I think it was an alley way. Um, no it was down Pine and we pulled on Pine, and I remember seeing at the end of the street, um, it was a subject that was pacing back and forth in the backyard. Um, um, he didn’t have a hoodie or anything, he had on I believe a white shirt, or a shirt like that and some jeans. Um, I remember him circling looking as if he was trying to escape or get or climb over a fence. He was on another side of a fence. Um, Officer ENRIQUEZ then pulled closer to the ah SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 12 of 46 subject. Ah, we then exited our vehicle, I had my gun drawn, um, ‘cause I was expecting um maybe this guy may engage us or any way, because he didn’t see us at this point. Um we were blacked out, um we drove down the alley, so I’m thinking, that, you know, he did see which was an advantage. Um, um, it was a light that was just ahead of him, but I believe it was kinda dark where we were approaching. Ah, and Officer ENRIQUEZ approached tactically with our guns drawn. The closer we got to the fence, I then yelled verbal commands for the subject to put his hands in the air. Um, I yelled several times put your hands in the air, put your hands in the air. He continued to pace back and forth. Um, he seemed agitated, you know, it appeared he was under the influence or something, um possible drugs or drunk. Um, I then ordered him to go to the ground. Um, he started to go to the ground at this point, on his knees, ah but he was still was kinda semi uncooperative ‘cause he wouldn’t do exactly what I told him to do. He would continue kinda look back and forth as if he was looking for a way to escape. Um, at this point, the closer I got to the fence, it was probably a seven foot fence, seven foot chain link fence, with a chain around it, as if there was a gate where you could open, you know, in front of us. Officer ENRIQUEZ was on a side, side, on my, I believe it was left side, he was standing left side, tactically. I then ah um ordered him again to go to stay on the ground um I believe he made a couple statements of him screaming he saying he didn’t do anything wrong. Ah, he didn’t know he was just looking for his girlfriend or something to that effect. Um, and then he, he, he got on ground with both his hands, with his head facing me. Um, at this point is, I’m, I’m kinda trying to figure out what we need to do because this guy is looking agitated, he’s SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 13 of 46 looking around, um and I figured I needed that I needed to something to take this guy in custody, because it was the backyard was kinda full of debris. There was a couple cars back there. And it was dark in the backyard. So I told him, I remember telling him to put his face down to the ground and not look at me. Um, he refused to do that. He kept looking away, and looking away, and I said put your, I told him put your head down, put your head down, probably about four times, and he still didn’t do it. Um, so at this point I holstered my weapon um, Officer ENRIQUEZ was still in his position, and I, I, then scaled the fence to go take custody of this guy. Um, he started getting up, he did get up, um, and proceeded to run um away from the location. Um, he was laying probably about four feet away from the fence, chain link fence there, um so I, I scaled the fence. Um, once I came to the ground, um he, he turned and ran, um I pursued him. Um, I then heard a couple gunshots um, and then I ah ended up catching the suspect closer to the, ah in-between the car and the chain link fence that was inside of the backyard. Um, and then at this point I grabbed him and took him into custody, um and then waited for officers to come and assist me. CARVO: Okay. Um, going back to when you got the call, um Officer ENRIQUEZ, I assume, was the driver officer, is that right? GRAHAM: Yes. CARVO: Okay. Um, you said it was dispatched as a robbery in progress and that the suspect had a gun, and you had multiple calls on that. GRAHAM: Yes. CARVO: Do you remember um, how the suspect was described in the call? SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 14 of 46 GRAHAM: Oh, they described him I believe as male in his 20’s with a hoodie, with a hoodie, hooded sweatshirt on. Um, and was last seen running in the area. CARVO: Uh-huh. GRAHAM: And the reporting parties I believe were following him or something. CARVO: Okay. Do you remember if they gave a clothing description as far as color or anything like that? GRAHAM: I believe they said brown or gold or something like… CARVO: Okay. GRAHAM: …effect. CARVO: And you said as you guys were driving into the area, or getting close to the scene is when you actually unholstered your gun, so you had your gun out while you were still in, in the patrol unit, right? GRAHAM: Yes. Yes. CARVO: Okay. Um, and you said that you did that because of the multiple calls on this person reporting him as being gun, you took that this was most likely a legitimate call of a man with a gun. GRAHAM: Yeah, and I was in, I was in, well my concern was that people would pull up in a dark alley or anything that this guy would come around the corner and just start shooting, and you know being in a car, in a tight, confinement area that I wouldn’t have enough time to unholster my weapon at that point and engage him, if I needed to, so I put it, my gun in my lap to make sure that I would be able to give me a tactical advantage to be able to get out of the car… CARVO: Okay. GRAHAM: …quickly and engage the suspect if he did have a gun. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 15 of 46 CARVO: Um, I have a couple of overhead maps that I want to show you. So it’ll help us maybe see where you came from, where you pulled into and all that. Um, so, they all just kinda, one starts out a little bit wider, and they narrow in, so I believe the high school is over here, isn’t that right? This area? When we say the high school, you’re talking about Santa Ana High School is that correct? GRAHAM: Yes, correct, yeah. (PAUSE) (WHISPERING CONVERSATION) CARVO: So it’s labeled, there’s Ross Street, there’s Pine, and here’s Walnut. GRAHAM: Okay. And this is the alley way I think. CARVO: Okay. GRAHAM: Uh-huh. ALVAREZ: Can we put a… CARVO: Go ahead. ALVAREZ: Can we put a, an orientation arrow on there um … CARVO: North? ALVAREZ: Yeah, for north, just so we know what side of the street. CARVO: Sure, and I believe north is gonna be in this direction. That look right? GRAHAM: Uh-huh. CARVO: Okay. Um, so this, this map that I’m showing you now it’s a wide angle view basically overhead and then next to it I have one that’s a little more narrowed in, and again you can see Ross, and I’ll put north again up here. You can see Ross and Pine… GRAHAM: Uh-huh. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 16 of 46 CARVO: …you can’t see Walnut Street on this map, but you can see this alley that I think you referred to in the first one. GRAHAM: Yeah. CARVO: And then this one’s pretty well narrowed in, and this is actually…north is going to be this way. This one is pretty well narrowed in, this being the alley. GRAHAM: Correct. CARVO: Okay. So you said that when you guys arrived you think you arrived at Ross and Pine. GRAHAM: Correct. CARVO: Um, and you saw some men in the street or somebody in the street that kinda flagged you down. GRAHAM: Yes. CARVO: Is that correct? So where on this map, this kinda wider angle, where would you have been? GRAHAM: Ah we were somewhere, well there, there was a couple people up here at before, just north of the alley way and then there was a couple people standing like right by the alley way here. So when we pulled up about right just south of the alley way. CARVO: Okay. And they…you said they pointed east, they pointed you east and said the guy was east of where you were at, correct? GRAHAM: Correct. Yes that’s… CARVO: So did they point you down Pine Street, or did they point you down this alley way here? GRAHAM: Down the alley way. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 17 of 46 CARVO: Okay. Um, and then when you, did you pull down that alley way? GRAHAM: Yes. CARVO: Okay. And they told you that there was a guy with a gun that was down there, correct? GRAHAM: Correct. CARVO: And you said you were blacked out, meaning you had no headlights on, no spotlights or anything. GRAHAM: Correct. CARVO: Okay. As you pulled down this alley way, do you know where you came to a stop, where you actually parked your police car? GRAHAM: Um, I believe it was somewhere right in here. CARVO: Okay. GRAHAM: Just in-between here. CARVO: So on this more narrow picture, um this alley way that you originally drove down, it comes to a T intersection with another alley, correct? GRAHAM: That’s correct. CARVO: Okay. So you parked a little bit west of that T intersection? GRAHAM: That’s correct. CARVO: Okay. If you wouldn’t mind, could you draw in where you think you put your…where you guys parked your unit. Okay. Now when you parked there, where you indicated, did you…could you see the male you talked about pacing back and forth, could you already see him before you parked your unit? GRAHAM: Yes. CARVO: Okay. When did you first see him? SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 18 of 46 GRAHAM: Ah bef…at the end of the alley way, but when we entered the ally way. CARVO: So way back here as soon as you pulled into the alley way you could see him? GRAHAM: Yes. CARVO: Okay. Um, and what did you see, what did he look like? GRAHAM: Ah, he had a shaved head. He was wearing a tee shirt, um, a younger guy, looked like he was in his 20’s, between 18 and 25, somewhere in that range. CARVO: Okay. GRAHAM: Um, clean shaven, I don’t believe he, I think he maybe a moust…, I couldn’t see his moustache from that far, but I know he was bald… CARVO: Okay. GRAHAM: …a male Hispanic, with a tee shirt on. CARVO: And when you first saw him, did you think that was the suspect you were looking for? GRAHAM: Ah, yes. CARVO: And why was that? What, what… GRAHAM: ‘Cause the witnesses were actually pointing and saying that’s the guy, they pointed him out. CARVO: Okay. So they pointed him out and said that’s guy. GRAHAM: Yes. CARVO: Okay. Um, did it matter to you at all that he wasn’t wearing a hoodie, or a brown sweater or anything that was originally dispatched? GRAHAM: No. CARVO: And why not? SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 19 of 46 GRAHAM: Ah, because ah, witnesses give you know ah, ah, descriptions wrong, he could have taken it off… CARVO: Okay. GRAHAM: …Um and they actually said that’s the guy… CARVO: Okay. GRAHAM: …and so my, my ah thought process was that’s him regardless of…the clothing was I didn’t even think about the clothing at that point. CARVO: Okay. In your experience in your 11 years as a police officer, have you experienced um, or seen, or come across suspects who while fleeing the police or leaving the scene of a crime, have taken clothing off or discarded clothing? GRAHAM: Yes. CARVO: Is that fairly common? GRAHAM: Yes, it is. CARVO: Okay. Um, so the witnesses actually pointed him out, and said that’s the guy. So you were instantly focused on him. GRAHAM: Yes. CARVO: Okay. As you pulled down the alley blacked out, you said he’s pacing back and forth, ah, can you, can you on this narrow map show me what area of the backyard, now this is, this house here, I’m gonna write in 210, because this is 210 South Birch. ***there we go. Okay. So I put 210 on this one house, and the backyard of 210 South Birch is where this incident took place. Um, you can see a white car here in the backyard, and I believe that white car was actually there that night. Um, other than that this aerial is not necessarily how it looked that night as far as cars being parked there or not being parked there. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 20 of 46 GRAHAM: Uh-huh. CARVO: Um, but the chain-link gate that you were talking about or fence would have been right across here if…does that look correct to you? GRAHAM: Yes. CARVO: Okay. If you could show me on the map where you thought, where you think that guy was when you first saw him. GRAHAM: He was in this area here. CARVO: Okay. So you put a circle there in the backyard just south of that white car with an X in it. GRAHAM: Correct. CARVO: And how far inside the backyard from the chain-link gate do you think he was? GRAHAM: I would say about maybe five or six foot, feet from the chain-link fence. CARVO: Okay. Did you say he was pacing back and forth? What do you mean by that? GRAHAM: Ah he’s walking around as if he trying to find a way to get, get out. I believe he tried, attempted to climb their fence when we were approaching. CARVO: Okay. GRAHAM: But he looked like he was trying to get out of the backyard, like he was looking like where can I go, what do I need, you know. He was pacing, looking for something, or get out or hide, I don’t know what he was trying to do. CARVO: Okay. Um, and I think you also said that he didn’t see you guys approaching. GRAHAM: Not initially no. CARVO: And what makes you think that? GRAHAM: ‘Cause he never directly looked in our direction, he was kinda looking back and forth in the backyard. And um, then he had, when he attempted to hop the SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 21 of 46 gate he jumped back down and he continued to pace back and forth, and that’s when we ah, ah approached him. CARVO: When you ah…okay, so then you parked your police car, and exit, do you have your duty weapon out unholstered at that time? GRAHAM: Yes. CARVO: And do you know if Officer ENRIQUEZ has his duty weapon out? GRAHAM: He does. CARVO: He does. Um, where did you go and where did Officer ENRIQUEZ go? GRAHAM: Um, I was in the passenger side of the vehicle, of course. Um, I exited and I came along side here this way and then Officer ENRIQUEZ came along this way. CARVO: Okay. If you can draw a line from the car for each of you to where you went and then maybe like your initials or something at the end of that. Okay. So you drew a line to ah kinda the south side of where that chain-link gate was for you and put AG and then a line to kinda the north side of the gate. Is that right? GRAHAM: Yes. CARVO: And DE… and DAVID ENRIQUEZ? GRAHAM: Yes. CARVO: At what point do you start issuing commands or addressing the subject? GRAHAM: I believe right when we come to the alley way here, um, the crest of it. CARVO: Okay. GRAHAM: I believe I started yelling commands at that point while I was approaching. CARVO: Okay. Could you maybe put an X there where you think you…and then were you the only one issuing commands, or did Officer ENRIQUEZ also? GRAHAM: I, I don’t remember if he did or not. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 22 of 46 CARVO: Okay. Um, and you remember saying things to him like put your hands up, that kind of thing? GRAHAM: Yes. CARVO: Did you identif…identify yourself as Santa Ana Police? GRAHAM: No. CARVO: No. Okay. Um, you just went straight to let me put your hands up? GRAHAM: Yes. CARVO: Okay. And did he react when you yelled the commands at him? Did he look at you? GRAHAM: I think he put his hands up. CARVO: He did put his hands up. GRAHAM: He did put his hands up. CARVO: Okay. Did he turn and face you? GRAHAM: He was already facing me. CARVO: Okay. Do you think he had seen you at that point as you approached? GRAHAM: Yes. CARVO: Okay. Um, what was the lighting like at the time? GRAHAM: There was actually a light that was right there where we were at, just in the alley way though. CARVO: Okay. And I think you can kinda see it right here in the corner where the two, right where the two alleys intersect. Is that correct? GRAHAM: Yes, there’s a light there yes. CARVO: Okay. And what in the backyard itself, was there any light? GRAHAM: No. Not that I recall. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 23 of 46 CARVO: Okay. So it’s fairly light in the alley way where you are, and darker in the backyard where he is? GRAHAM: Correct. CARVO: Were you using a flashlight or anything to shine on him? GRAHAM: I don’t know if I clicked it on or not, the one that’s on my gun, I don’t remember if I did or not. CARVO: Okay. Okay. So you yell at him, put your hands up, and he face…he’s facing you and he puts his hands up. Does he put them all the way up, elbows extended, does he have them… GRAHAM: Ah, he put his elbows extended. CARVO: Okay. And what happens next? GRAHAM: Um, and then I tell him…I order him to the ground. CARVO: Okay. GRAHAM: Um, and he starts to get to the ground, um, and that’s when he starts yelling and then he goes to the ground in a prone position. CARVO: So you order him to the ground. Did he immediately start to follow your orders? GRAHAM: Well, I believe I had to tell him a couple of times. CARVO: Okay. Um, and what was he doing during that, during that time, while you’re giving him commands and he’s not doing it right away on the first one, but you’re telling him a couple of times, was he pacing, was he still standing still, was he looking around… GRAHAM: Standing and looking around at that point. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 24 of 46 CARVO: Okay. Um, what were you thinking when you saw him that he was not going to the ground and that he was looking around? GRAHAM: I was thinking he was going to try to escape or get away or grab something, do something, but he was looking like he was ah going to do something. CARVO: Okay. At this point, up to this point, had you put out any radio traffic that you guys had a suspect or anything like that? GRAHAM: No, I didn’t. CARVO: You didn’t. Okay. Do you know if Officer ENRIQUEZ did? GRAHAM: No. CARVO: Okay. Um, while you have him at gunpoint and you’re initially giving commands, do you know if you put out any radio traffic that you had one at gunpoint or anything like that? GRAHAM: I never got on the radio. CARVO: Okay. GRAHAM: Officer ENRIQUEZ did…I never got on the radio. CARVO: Do you…did you hear Officer ENRIQUEZ put out any radio traffic, up to that point? GRAHAM: You know, I don’t know, because I was focused on the suspect… CARVO: Okay. GRAHAM: …he, he was the radio guy. CARVO: Okay. GRAHAM: So I don’t know if he, he did or not. CARVO: Okay. So you were giving commands and Officer ENRIQUEZ was pretty much the radio guy. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 25 of 46 GRAHAM: Yes. CARVO: Okay. Um, alright, so you have your, your handgun pointed at the subject and you’re telling him to get down to the ground. He’s got his arms extended straight over his head, and eventually after a couple or three times of telling him to go down he gets down on his knees, is that correct? GRAHAM: Ah, yeah, well he gets down in a prone position. CARVO: Oh he gets…okay so he was all the way prone on his stomach. GRAHAM: Yes. CARVO: And, then what are you telling him anything else giving him any other commands? GRAHAM: Ah because he still was looking back and forth with his head. His head was still up. CARVO: Okay. GRAHAM: Um, and I told him to put his face to the ground… CARVO: Okay. GRAHAM: … several times and he never did. CARVO: Alright, and then what happened next after that? GRAHAM: Ah, then he attempted to kinda get up in a semi…get up from the prone position, kinda stand up… CARVO: Okay. GRAHAM: …um, and that’s when I jumped the fence. CARVO: Okay. So he started to stand up before you started to jump the fence? GRAHAM: I believe so yes. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 26 of 46 CARVO: Okay. And when you say he started to stand up, did he get up onto his knees, did he just start to like push up from the ground… GRAHAM: Like a push up, yeah, like in a push up, like pushing his hands up kinda like this, but his legs was just *** CARVO: Like arching his back and … GRAHAM: Yeah. CARVO: Okay. So you thought he was getting ready to get up and run or something. GRAHAM: Yes. CARVO: So you decided that you needed to get over the fence to take him into custody. GRAHAM: That’s correct. CARVO: Okay. And I believe you said you holstered first? GRAHAM: Yes. CARVO: And were you yelling anything giving him any commands as you were doing that, when you saw him start to get back up again? GRAHAM: Ah, no, I know I told him to stay on the ground and don’t move and put his face down I believe. CARVO: Okay. GRAHAM: Ah, but once I was climbing the fence I don’t believe said anything at that point. CARVO: Okay. Um, so you climbed the fence, are you able to watch him while you’re climbing the fence? GRAHAM: Ah, yes. CARVO: Okay. And what does he do while you’re climbing the fence? GRAHAM: Ah, this point he gets up and starts to run. CARVO: And where did he start to run? SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 27 of 46 GRAHAM: Do you want me to show on the map? CARVO: Sure that would be good. GRAHAM: Ah, well he started to run at eastly, (SIC) east in the backyard. CARVO: Okay. GRAHAM: Along the wall here. CARVO: Along the south wall? GRAHAM: Yes. CARVO: Now at the time this white car that’s in the map, I believe was there, was there another vehicle parked on the kinda the south side of that driveway? GRAHAM: Ah, yes. CARVO: Do you remember what that was? GRAHAM: No, I think it was in a tarp or something… CARVO: Okay. There was one in a tarp deeper back here. Do you remember there being a pickup truck close to the front of the gate? GRAHAM: Yeah, I believe there’s another vehicle there. CARVO: Okay. Um, do you remember in re…relation to that, I think it was a blue pickup truck, where in relation to that truck he had proned (SIC) out, whether it was between the truck and the gate or between the truck and the white car? GRAHAM: I believe it was between the truck and the white car. CARVO: Okay. So like on the north side of the truck? GRAHAM: Yes. CARVO: Okay. Then when he got up and started to run, did he run around on to the south side of that truck? GRAHAM: I believe so. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 28 of 46 CARVO: Okay. GRAHAM: Yes. CARVO: And, and I know it’s been month, more than a month since this happened, um there was also some trash cans that were down along this ah south wall of the backyard. Does that sound correct to you? GRAHAM: Yes. CARVO: Um, when he ran in relation to like the trash cans and the truck do you remember where he went? GRAHAM: Um, I believe he ran on the south side of the pickup truck. I ran on the north side of the pickup truck. CARVO: Okay. GRAHAM: I believe. Um, and kinda engaged him at the third car that was in the backyard. CARVO: Okay. Now, so he turns and he starts to run down this…along the south wall between the truck and the wall. GRAHAM: Yes. CARVO: You said you ran along the north side, so that truck is basically between the two of you. GRAHAM: Yes. CARVO: Um, could you see him very well as you were running along the north side of the pickup? GRAHAM: Yes, I was watching. CARVO: Okay. Um, what could you see? GRAHAM: Ah, I know he, I think he tripped over some trash cans or something. CARVO: Okay. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 29 of 46 GRAHAM: Um, and he was running along a wall trying to go through the whatever debris or something that was over there. Um, then he ran in-between the car and the wall and was kinda trying to climb over it ‘cause it, I guess it was pinned up against the wall… (SIMULTANEOUSLY SPEAKING) CARVO: The car was under the tarp? GRAHAM: Yeah, underneath the tarp. Ah, so it was kinda of tight and in-between there. Um, and that’s when I went in-between the car and the wall, behind him. CARVO: Okay. Um, at some point you said you heard a couple of gunshots. GRAHAM: Uh-huh. CARVO: When did that happen? GRAHAM: Um, I was over, I believe I was over the fence and I was running after, after him, and then I heard the gunshots. CARVO: Where were you when you heard the gunshots? GRAHAM: You know, I, I don’t know. I was over the fence. CARVO: Okay. GRAHAM: I believe I was over the fence, I mean I know exact timing or it happened so fast you know… CARVO: Right. GRAHAM: …but I believe I was over the fence and then I was running and I heard the gunshots, so. CARVO: Do you remember exactly where he was when you heard the gunshots? GRAHAM: Um, he was along the south wall somewhere. CARVO: Okay. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 30 of 46 GRAHAM: Um, he was along the south wall I believe. CARVO: Okay. Um, after you heard the gunshots…go ahead, go ahead… (WHISPERING CONVERSATION) After you heard the gunshots did…what did he do after you heard the gunshots, did he continue to run, did he fall to the ground, did he react? GRAHAM: Ah, he continued to run. CARVO: He continued to run. GRAHAM: Yes. CARVO: So you, you know for sure that after you heard the gunshots he was still running? GRAHAM: Yes. CARVO: Okay. Um, so he runs along the south wall, he’s getting…try…sounds like he stumbled or something…he stumbled or something when he went past the trash cans, there some other debris back there. Um, the third car that is underneath a tarp is real tight to that south wall, and he’s trying to get over and past that, correct? GRAHAM: Yes. CARVO: And that’s where you caught up to him? GRAHAM: Yes. CARVO: Okay. So you had gone around along the north side of the truck, around the east end of that truck, to catch up to him, where that third car was. GRAHAM: Yes. CARVO: When you catch up to him where that car under the tarp was ah, was he on top of the car was he trying to get out, where exactly was he? SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 31 of 46 GRAHAM: He was in-between the wall and the car and he was trying to climb over the car. CARVO: Trying to climb over the car, to continue east… GRAHAM: Correct. CARVO: …towards Birch. GRAHAM: Yes. CARVO: Um, and what did you do? GRAHAM: I grabbed him, ah and I threw him to the ground. CARVO: Okay. Where did you…how did you grab him, where did you grab him? GRAHAM: Um, I believe along his shoulder, his shoulder or something like that. I punched him a couple of times, and then I threw him to the ground. Um, that was…I don’t know where exactly I grabbed him though. CARVO: Okay. So when you grabbed him what was his response to you grabbing him? GRAHAM: Ah he continued to try to move away. CARVO: Okay. GRAHAM: He wanted to pull away from me. CARVO: Okay. So he’s trying to pull away from you? GRAHAM: Yes. CARVO: Um, you said you punched him a couple of times. GRAHAM: Yes. CARVO: Do you remember where you punched him? GRAHAM: In his face. CARVO: Okay. So you grabbed him, he’s trying to get away from you, um, does he spin back towards you, do you turn him? How do you get to his face if he’s trying to get away from you? SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 32 of 46 GRAHAM: Um, I grab him, he kinda turns towards me kinda in a semi kinda when I think I grabbed his left shoulder or something. CARVO: Okay. GRAHAM: And I’m trying to grab him and he’s pulling, but he’s kinda turning towards me at the same time. CARVO: Okay. GRAHAM: Um, so I was afraid that he’d probably, if he did have a weapon, reach in his waistband, or turn around and hit me or stab me or whatever it is, so…that’s why I punched him. CARVO: Okay. And then you said you threw him to the ground, is that right? GRAHAM: I believe so, yes. CARVO: Or took him to the ground somehow. GRAHAM: Yes. CARVO: Um, and that was, was that on the like the west side of that car that’s covered by the tarp? GRAHAM: No, we were in-between the car and the wall. CARVO: You were in-between the car and the wall. GRAHAM: Yeah, we were still in-between the car and the wall. CARVO: Okay. Is that… GRAHAM: I had to pull him out after I got…I had to pull him out to ah, to be handcuffed and everything too. CARVO: Okay. Was it pretty tight space in there? GRAHAM: Yes it was. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 33 of 46 CARVO: Okay. So you actually got him on the ground in-between the car that was under the tarp and the wall, that south wall of the property. GRAHAM: Yes. CARVO: Okay. And then once you got him on the ground you handcuffed him? GRAHAM: Um, I don’t think I was the one who handcuffed him. CARVO: Okay. GRAHAM: I don’t think so. I don’t think I handcuffed him at all. CARVO: Who do you think handcuffed him? GRAHAM: That I don’t even know (LAUGHS) honest to God I don’t know. CARVO: Okay. So you got him down on the ground. GRAHAM: Right. CARVO: And what happens next then? GRAHAM: Um, okay I got him on the ground, I held him down, I grabbed his arm to handcuff him… CARVO: Uh-huh. GRAHAM: I really don’t think I handcuffed him though, I think a…either, I don’t know who was there, that handcuffed him or handed me the handcuff. I don’t know, it was at that point…but I know he was handcuffed at that point. But I don’t remember if I did or not. I don’t think, I don’t think I did. CARVO: And at that point he’s still in-between kinda between the car that’s under the tarp and the wall of the property. GRAHAM: Yes. CARVO: Okay. And you said you had to pull him out from there. GRAHAM: Yes. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 34 of 46 CARVO: Okay. Once you pull him out where does he end up? GRAHAM: Ah, just on the ah…was it the west side of the car, the car with the tarp… CARVO: Okay. GRAHAM: …just at the bumper, kinda at the bumper. CARVO: Okay. And what happens then after you get him out from the tight spot? GRAHAM: Ah, get him out check him for weapons. Immediately check him for weapons, his waist band, everything. CARVO: Uh-huh. GRAHAM: Um, and check him for injuries, see if he was shot or hit anything. CARVO: Okay. And what did you find? GRAHAM: Ah, actually I got blood on my hand ‘cause I didn’t even realize…I didn’t think he was hit, at that point, but um, I, I, realized I had got blood on me because he was hit. Um, and then ah, I believe another officer came up and start rendering aid or whatever. CARVO: Okay. Did you find any weapons when you checked his waistband? GRAHAM: No. CARVO: And you said that you had blood on you and you eventually discovered that he had been hit by a gunshot. GRAHAM: Yes. CARVO: Do you know where he got it hit? GRAHAM: I believe it was a butt cheek. CARVO: Okay. GRAHAM: One of the butt cheeks. CARVO: Um and another officer came and started rendering first aid to him. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 35 of 46 GRAHAM: Yes. CARVO: Um, was he saying anything during any of this interaction? GRAHAM: You know what I don’t remember if he did. I know he was screaming a lot. Um, um during the contact he was screaming about a girlfriend and, and he…I don’t remember if he said any statements or anything at that point, I don’t remember if he did, but I know he was screaming. CARVO: Okay. That was when you first ah were giving him commands and all that, he was yelling something about his girlfriend, he was there to see his girlfriend or something. GRAHAM: Something like that. But then after I took contact when he started screaming after that too, but I… CARVO: After you had in handcuffs or you had control of him? GRAHAM: Yeah, but I don’t remember what he was… CARVO: Okay. GRAHAM: …saying or anything. CARVO: Okay. Um, during this entire incident while you’re scaling the fence and he’s running, and you’re chasing after him, do you remember Officer ENRIQUEZ saying anything, yelling anything or anything like that? GRAHAM: No. No. CARVO: Okay. Um, after you had him and you had this subject in custody, did Officer ENRIQUEZ say anything to you? GRAHAM: No. I don’t remember. CARVO: Did you know where the gunshots came from when you heard the gunshots? GRAHAM: No, initially I didn’t at all. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 36 of 46 CARVO: Okay. When was the first time you figured out that Officer ENRIQUEZ had fired his weapon? GRAHAM: Um, I remember hearing the shots and I remember looking, glancing back at, but I didn’t know where they were coming from, but I remember glancing back after kinda like the second set of shots, and kinda looking over my shoulder, and I looked at him, um he was still on the other side of the fence and I figured it was him at that point ‘cause it was all kinda surprised me ‘cause I’m like…I didn’t know it was just going off so fast, I didn’t know where it was coming from…somebody in the neighborhood, I didn’t know exactly cause I think it’s, I believe…I couldn’t see him at that point, Officer ENRIQUEZ. CARVO: Right. Um, okay. So, you didn’t know for sure so when did you figure out that he did in fact fire his weapon? GRAHAM: Ah when I looked back and glanced at him. Um, I, I, I looked back and I figured it was him. CARVO: Okay. GRAHAM: Um, because I figured if…when I looked at him if it was somebody else he probably would have been eng…engaging them or anything like that, so he was still in the same position, um and that’s why I figured it was him… CARVO: Okay. GRAHAM: …that fired his weapon. CARVO: And at any point did he tell you… : And we should question when did you know for sure? CARVO: Yeah. : Yeah, when did you know for sure? SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 37 of 46 CARVO: Yeah, can you … (SIMULTANEOUSLY SPEAKING) …yeah ‘cause you said you figured it was him. You told us you were assuming, when did you know for sure? GRAHAM: Oh when I looked at him and when I glanced after I heard the shots, I looked at him and I knew it was him that fired. CARVO: Okay. Um, but you didn’t actually see him, you didn’t see the muzzle flash, you didn’t actually see him fire his weapon, right? GRAHAM: No, I did not. CARVO: Okay. Did he at any point tell you that he fired his weapon? Did you hear him put out Officer Involved Shooting? A 998 or anything like that? GRAHAM: I heard him put out on the radio 998. CARVO: Okay. Ah, do you remember where…at what point in the sequence that happened that you heard him put out a 998 on the radio? GRAHAM: No, I don’t remember. CARVO: Okay. Um at that point when you heard the 998 on the radio, was that the first time that you knew for a fact an officer had discharged their weapon? GRAHAM: Okay. I’m confused, that point, or the point when I looked… CARVO: Well you said, the first time when you were describing looking back over your shoulder, you suspected he was the one that fired his gun, but you didn’t actually see him fire his gun, right? GRAHAM: That’s correct. CARVO: Um, so what I’m getting at is taking that out because you didn’t actually see him shoot, he didn’t tell you he shot at that point. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 38 of 46 GRAHAM: Right. CARVO: Was the first time you knew of an officer had actually shot for a fact, was when you heard it on the radio the 998? GRAHAM: Yes. CARVO: Okay. Um, while you’re chasing this subject and he’s running between the truck and stumbling over the trash cans and all that. You’re on the opposite side of the truck from him, correct? GRAHAM: Yes. I think so yes. CARVO: You said that you’re keeping an eye on him. You were watching him while you were chasing him. What part of him could you see? Could you see his entire body from head to toe, was the truck blocking some of his body from your view? GRAHAM: Initially, yes, I couldn’t see…um I seen his upper torso portion, um I couldn’t see his bottom half ‘cause it was covered by the truck, but once he started stumbling I could still, I can see his body. CARVO: Okay. When he stumbles does he actually go down to the ground? GRAHAM: I don’t believe so. CARVO: Okay. Um, did you see if he was carrying anything in his hands? GRAHAM: Ah well initially he didn’t have anything in his hands at all. ‘Cause he was gonna put his hands in the air…went to the prone position…so I didn’t see anything in his hands. CARVO: What about when he was running. GRAHAM: Um I didn’t see anything in his hands then. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 39 of 46 CARVO: Okay. At any point while you were chasing him did you lose sight of his hands, um so that you couldn’t see where his hands were or whether or not there was something in his hands? GRAHAM: Ah when he went on the side of the pickup truck, it was kinda hard to see, but ah, I don’t know if I actually lost sight of his hands, it was ***, you know I don’t know, if he was concealed where I just didn’t see his hands, it was kinda…he was running, so… CARVO: Right. GRAHAM: …that was kinda, kinda, and I wouldn’t say I actually lost sight of him, but I would say I kinda had a visual of him… CARVO: Okay. GRAHAM: …you know… CARVO: So it sounds like you could see part of him, the truck was a full size truck or a pretty large truck. Um, you could see him, so you knew where he was, where he was, you know where he was going but is it safe to assume you couldn’t see his entire body while he’s running alongside that truck? GRAHAM: Correct. CARVO: Okay. Um, how long do you think this lasted from the time that he starts to get up and you’re…while you’re going over the fence to the time you actually take him into custody? GRAHAM: I would say like 25 seconds maybe, it was pretty…fairly quick. CARVO: Okay. Um, did he ever make any statements about getting shot, having been shot, did he make any statements to you at all that you heard while he was in SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 40 of 46 custody, or while they were doing first aid on him? Did he ever say anything about being shot? GRAHAM: No. That I remember, no. CARVO: Okay. Um, did Officer ENRIQUEZ ever say anything to you about um why he shot at this guy or what he was thinking at the time? GRAHAM: No. CARVO: Okay. Um, after he was taken into custody additional officers arrived, right? GRAHAM: Yes. CARVO: And then what, what did you do or where did you go, what happened to you? GRAHAM: Um, at that point I had been…got away from the situation and stood off to the side, and let the other officers kinda handle the, the taking into custody, and the paramedics and all that stuff. CARVO: Okay. Um, did a supervisor eventually show up? GRAHAM: Yes. CARVO: Do you remember who that was? GRAHAM: Corporal NELSON showed up. CARVO: Okay. GRAHAM: Um, I believe Sergeant BROWN was there. CARVO: Do you know if either one of those um got a statement from either you or Officer ENRIQUEZ, as people call a Safety Statement? GRAHAM: I gave that to Corporal NELSON. CARVO: You did? GRAHAM: Yes. CARVO: Okay. And do you remember what you told him? SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 41 of 46 GRAHAM: Um, he asked me who shot, I told him who shot, and then I believe he um asked how many and I said I’m not sure, and then ah, that was about it. CARVO: Okay. Um, at the time all this happened, how many shots do you think you heard? GRAHAM: Four. CARVO: Four, okay. Um, and then after you gave your statement to Corporal NELSON were you taken back to Santa Ana PD or did you drive yourself back? GRAHAM: I was taken back. CARVO: Okay. And, ah, did you have any further contact with Officer ENRIQUEZ that night? GRAHAM: Ah, no. CARVO: So you guys were… GRAHAM: Ah no. CARVO: You guys were separated… GRAHAM: Yes. CARVO: …until much later that night? GRAHAM: Yes. CARVO: Okay. And um Sheriff’s Department Crime Scene Investigators came took pictures of you. GRAHAM: Yes. CARVO: I believe you had a small cut or injury to your hand, is that right? GRAHAM: Yeah, a little abrasion to my knuckle I believe. CARVO: Okay. And did you ever have to seek medical treatment for that? GRAHAM: No. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 42 of 46 CARVO: Okay. Um…Do you have anything ANDY? ALVAREZ: I do, um what, ah, when you guys first arrived on scene you said there was people pointing down that alley that east-west alley, um, do you remember about how many people? GRAHAM: I believe it was a security guard and it was two other people, I believe a male and a female. ALVAREZ: So at least three people pointing you guys to that direction? GRAHAM: At least three that I remember. ALVAREZ: Um, you mentioned earlier that the, the guy in the backyard, at some point, looked like he tried to climb the fence. Did he actually like grab the fence to try to climb over it? GRAHAM: Yes. ALVAREZ: The same one that you jumped over to get in the backyard? GRAHAM: Correct. ALVAREZ: Okay. And was that while, was that before you guys actually contacted him? GRAHAM: Yes. ALVAREZ: Before you gave commands or anything? GRAHAM: Yes. ALVAREZ: Okay. Um, had you guys already arrived at that spot in the alley and parked your car and got out, when he was trying to do that? GRAHAM: I believe when we were approaching him he did that. ALVAREZ: Okay. On foot, approaching on foot or approaching in car? GRAHAM: Approaching in the car. ALVAREZ: In the car? SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 43 of 46 GRAHAM: Yeah. ALVAREZ: Um, you, you, you mentioned that there was a light like right there at that corner. We’ll call it the northwest corner, of the T intersection of that alley. Um, but the backyard was that, was the backyard illuminated at all, or was it, do you remember if it was… GRAHAM: I…no, I don’t think it was illuminated. ALVAREZ: It was dark in there? GRAHAM: Yes. ALVAREZ: Um, did that, you know, the fact that you know you were responding to this, you know, robbery in progress call and suppose this guy has a gun, did that and you know, it’s dark back there, they’re pointing you in that direction, that heighten your sense of um awareness that you know your sense of danger that this is potentially a dangerous ah suspect I’m about to contact, and the fact that it’s dark back there and everything? GRAHAM: Yes it did. ALVAREZ: Um, when you guys contacted the guy, or when you contacted the guy in the backyard, you said, you know, you started giving him commands, telling him to do, go down on the ground, put his hands up and all that. And he’s not really following your commands, he’s looking around, ah it took a while for him to actually get on, get down in the prone position, um, and you said that even when he was in the prone position he still kinda looked, doing the look around? GRAHAM: Yes. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 44 of 46 ALVAREZ: Um, from your experience, as a police officer in contacting suspects in the past and everything is that behavior um consistent with somebody who ah might be trying to formulate a plan or to escape or maybe assault you or something? GRAHAM: Yeah I figured that’s what he was doing, ‘cause it was typical behavior looking around trying to figure escape, what can he do, how can he escape, and I’m thinking that’s what he was doing, ‘cause that’s the behavior he was exhibiting at that time. ALVAREZ: And you’ve experienced that before in the past, on past situations? GRAHAM: Yes. ALVAREZ: Um, when you ah, um, you said um when the guy ended up getting up and running along that south wall, um, in-between the truck and the wall, you ran in-between the other vehicle, that was parked along like the garage, the, the, I guess would be the north ah wall. This white car that’s parked in this picture, you ran in-between that vehicle and the truck that was parked there? GRAHAM: Yes. ALVAREZ: Okay. And so is it, is it correct that to say that you could still see the guy like kinda over the truck but you know there’s moments that you’re losing maybe sight of his hands and everything as he’s running and trying to scurry through the, that tight area? GRAHAM: Correct. ALVAREZ: Okay. And the first time you realized that an officer involved shooting had occurred, that an officer had shot, was when you heard Officer ENRIQUEZ put out a 998 on the radio? GRAHAM: Yes. I mean that, that’s when I realized that. SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 45 of 46 ALVAREZ: That it was an officer who shot… GRAHAM: Yes. ALVAREZ: Okay. But until then you didn’t know if it was the suspect that you were chasing, or an officer, or any…or somebody else. GRAHAM: Well it’s kind of a fluid… kinda you know, initially, thinking yes. My officer, my partner did shoot, but confirming it like I say with the radio traffic… ALVAREZ: Right. GRAHAM: …and everything, ‘cause I actually see it, but… ALVAREZ: Okay. GRAHAM: …so. CARVO: When the shots happened could you tell what direction from you they came from? GRAHAM: Yes. CARVO: And where were they coming from? GRAHAM: They were from behind. CARVO: From behind you, okay. Mr. : When you heard the gunshots, were you on…were you separated from the suspect by the truck? Or was that during the time that he was going up one side of the truck and you were going up the other? GRAHAM: I believe so. CARVO: That it? That’s it. CARVO: Alright. I’m going to end the interview at 12:56. [END OF INTERVIEW] SA 12-026 Investigator: P. Carvo Approved By: Date of Report: 01/03/2013 Date:01/03/13 Page 46 of 46 TRANSCRIBED BY: MARY CARBONE ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE DECEMBER 31, 2012 REVISED BY: INVESTIGATOR PAUL CARVO ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE JANUARY 3, 2013 OIS2012-0006 Officer Antonio Graham int_Redacted.pdf redacted on: 10/8/2023 11:53 Redaction Summary ( 1 redaction ) 1 Privilege / Exemption reason used: 1 -- <No Reason Given> ( 1 instance ) Redacted pages: Page 2, <No Reason Given>, 1 instance Page 1