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HomeMy WebLinkAboutOIS2012-003_Summary - Almanza_pdf-_Redacted S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 1 of 30 CASE NAME: ALMANZA, MARCELINO VALENCIA CLASSIFICATION: OFFICER INVOLVED SHOOTING (NON-FATAL) AGENCY: SANTA ANA POLICE DEPARTMENT LOCATION: 3005 SOUTH BRISTOL STREET SANTA ANA, CALIFORNIA 92704 Preliminary Investigation ...........................................................................................1 Initial Scene Investigation/Evidence Collection .........................................................2 Interviews ...................................................................................................................15 Summary of Events ....................................................................................................16 Evidence Analysis .......................................................................................................27 Background Information ............................................................................................29 PRELIMINARY INVESTIGATION On September 10, 2012, at approximately 0110 hours, Orange County District Attorney (OCDA) Supervising Investigator RON SEMAN contacted me regarding a Santa Ana Police Department (SAPD) officer involved shooting. SEMAN requested I respond to 3005 South Bristol Street, in the city of Santa Ana, to assume the role of lead investigator. At approximately 0220 hours, I arrived on scene and met with OCDA and SAPD investigators who were present to assist with the investigation. ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION INVESTIGATIVE SUMMARY S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 2 of 30 At approximately 0255 hours, SAPD Sergeant MATT SORENSON conducted a briefing of the known circumstances surrounding the incident for the personnel involved in the investigation. Following the briefing the following assignments were made: • ANDREW ROSS / GUS MOROYOQUI (SAPD) – Case investigators • RICK BRADLEY / LEO RODRIGUEZ (SAPD) – Scene • PAUL KELLY / DEAN FULCHER (SAPD) – Hospital scene • STAN BERRY / ANDY ALVAREZ (SAPD) – Officer processing • KORY DEGRAFFENREID / DAN AGUILAR (SAPD) – Canvass • TOM CONKLIN / JIM GARCIA (SAPD) – Canvass The following SAPD officer was identified as being involved in the incident: • Officer DAVID ENRIQUEZ The following report numbers are related to the incident: • SAPD case number 12-26768 • Orange County Fire Authority (OCFA) case number 2012-007015-000 • Orange County Crime Lab (OCCL) FR number 12-53567 INITIAL SCENE INVESTIGATION / EVIDENCE COLLECTION SCENE DESCRIPTION The following personnel from OCCL completed the processing of the scene: • SLY ARSOVSKI Forensic Scientist Evidence Collection • ANDREW HAYES Lead Forensic Specialist Photography • LENORA PENA SANCHEZ Forensic Specialist Scene Mapping • SHARILYN CHAPIN Forensic Specialist Assist with processing The weather was cool, dry, and partly cloudy. The shooting incident occurred during the hours of darkness. The area was well illuminated by parking lot lights, flood lamps mounted on S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 3 of 30 the rear of the building and ambient area lighting. The scene was cordoned off with yellow police line tape. Uniformed SAPD personnel were stationed to prevent access and preserve evidence within the scene. The cordoned off area included an interior perimeter and an exterior perimeter. The incident occurred in the parking lot of a small business complex located at the southeast corner of South Bristol Street and West Segerstrom Avenue, in the City of Santa Ana. The small business complex consisted of three structures. There was a structure located at the northwest corner of the complex, a structure located along the south perimeter of the complex and a structure at the east side of the complex. There were parking spaces and vehicle access lanes separating the structures. There was a cinder block wall at the east side and south side of the property separating the business complex from residences. The east side structure consisted of three separate addresses (3005, 3009, and 3013 South Bristol Street), which apparently housed two businesses. The shooting occurred to the rear of that structure. The interior perimeter included the parking lot area and vehicle access lanes between the east structure and the east complex cinder block wall. The interior perimeter was bordered on the north by the north wall of the east structure. It was bordered on the south by the south wall of the east structure. It was bordered on the east by the east complex cinder block wall and on the west by the east side of the east structure. The exterior perimeter included the exterior perimeter of the entire business complex. The exterior perimeter was bordered on the west by South Bristol Street, on the north by West S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 4 of 30 Segerstrom Avenue, on the east by the property line cinder block wall and on the south by the property line cinder block wall. The parking lot and vehicle access lanes to the rear of the east structure were a composition asphalt surface. The vehicle access lanes were wide enough to accommodate vehicle traffic traveling northbound and southbound, simultaneously. There was a concrete gutter in the middle of the vehicle access lanes separating the northbound and southbound lanes. At the east side of the northbound vehicle access lane were painted parking stalls. The lines of the parking stalls ran east to west. The parking stall lines began at the base of the east complex cinder block wall and culminated at the east edge of the northbound vehicle access lane. South of the north interior perimeter line, there were three parking stalls, a raised planter box surrounded by a concrete curb, then five parking stalls to the south interior perimeter line. The raised planter box, at the east cinder block wall, had a two-lamp light pole in the center and a small shrub at its southwest edge. Both lamps on the light pole were functioning. The raised planter box was slightly wider than a normal parking space. There were parking spaces north and south of the interior perimeter lines. There were no vehicles parked in the aforementioned parking stalls. The entrances to the east structure businesses were on the west side of the building. There were four rear doors on the east side of the east structure. Each rear door had a raised concrete landing. There was a concrete pad running the length of the east side of the east structure, which separated the rear of the building from the west edge of the southbound vehicle access lane. S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 5 of 30 The business at 3005 South Bristol Street was listed as “F&F Party Supply Store”. The business at 3013 South Bristol Street was a self-service Laundromat. There was no listing for the business at 3009 South Bristol Street; however, it appeared to be associated with the party supply store. The party supply store was closed. The self-service Laundromat was open with the interior lights on. The two south rear doors appeared to provide access to the Laundromat. The two north rear doors appeared to provide access to the party supply store. All of the doors were closed. The southern rear door for the Laundromat was a metal bar and mesh style door, which was unlocked. There was a flood lamp mounted above the door. The flood lamp was on. The northern rear door of the Laundromat appeared to be inoperable. There was a green “Waste Management” trash dumpster against the east wall of the east structure, between the two rear Laundromat doors. The shooting incident occurred in the immediate vicinity of the north rear Laundromat door. VEHICLES IN SCENE There were two police vehicles and one civilian vehicle within the interior perimeter. Those vehicles were described as follows: • Vehicle #1 – Ford, Police Interceptor, 4 door, Santa Ana Police Department unit #853, California vehicle license number 1363975. This vehicle was driven by SAPD Officer DAVID ENRIQUEZ. This vehicle was parked facing northwesterly, east of the east wall and north of the south wall of the east structure. The vehicle’s engine, head lamps, and left spot lamp were on. Secured in the gun rack, mounted between the front seats, was a Ruger .40 caliber rifle, serial # 480-06238. There was one magazine in the magazine well and two magazines in the butt pouch. The chamber of the weapon was empty. There were eleven .40 Caliber rounds in each magazine. S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 6 of 30 •Vehicle #2 – 2011 Jeep Wrangler, 4 door, 4 wheel drive, black over silver, California vehicle license number . This vehicle was reportedly driven by MARCELINO VALENCIA ALMANZA. The vehicle was a reported stolen vehicle. The registered owner of the vehicle was , Santa Ana. The vehicle was parked facing north in the southbound vehicle access lane. The driver’s side of the vehicle was located just east of the concrete landing for the north rear door of the Laundromat. The engine and lights were off. • Vehicle #3 – Ford, Police Interceptor, 4 door, Santa Ana Police Department unit #856, California vehicle license number 1363966. This vehicle was driven by SAPD Officer ANTONIO GRAHAM. This vehicle was parked facing in a southwest direction, east of the east wall and south of the north wall of the east structure. The vehicle was located mostly in the northbound vehicle access lane. The right front tire was near the middle of the concrete gutter. The left front, left rear, and right rear tires were in the northbound vehicle access way lane. The vehicle’s engine and head lamps were on. All doors on the vehicle were closed. Secured in the gun rack, mounted between the front seats, was a Ruger .40 caliber rifle, serial # 480-06192, and a Remington 870 shotgun, serial # A312421M. The Ruger had one magazine in the magazine well and two magazines in the butt pouch. The chamber of the weapon was empty. There were nine .40 Caliber rounds in the magazine in the weapon. There were eleven .40 Caliber rounds in each magazine in the butt pouch. The Remington shotgun had an unbroken slide tape. The chamber was clear. There were four 00 buck shot rounds in the tube. This vehicle reportedly arrived on scene after the shooting occurred. SCENE EXAMINATION At approximately 0306 hours, OCCL personnel began processing the scene. Evidence Markers (EM) were placed next to items of evidence that would be collected after the scene mapping and photography. SAPD Crime Scene Investigator (CSI) MARK WALDO took 142 digital images of the scene prior to the arrival of the OCCL personnel. S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 7 of 30 The 2011 Jeep Wrangler was parked facing northbound. The doors on the left side of the vehicle were just east of the raised concrete pad for the north Laundromat rear door. The left side tires were slightly east of the concrete pad located along the east side of the east structure. The right side tires were approximately in the middle of the southbound vehicle access lane. The doors on the right side of the vehicle were closed. The driver’s and the left rear passenger’s doors were open. According to SAPD personnel, the driver’s side doors of the Jeep were opened by SAPD personnel, immediately after the shooting, as they cleared the vehicle for additional suspects. The driver’s door window was open and the right front passenger window was partially open. The rest of the windows were closed. There were miscellaneous items strewn about the interior of the vehicle. No weapons were found inside the vehicle. There were three (3) apparent bullet strikes on the left rear portion of the Jeep. One apparent bullet strike was at the base of the vehicle fiberglass shell, just to the left of the rear shell window. There were apparent fiberglass fragments on the top of the rear bumper just below the apparent bullet strike. One apparent bullet strike was on the rear of the plastic left rear wheel well fender flare. This apparent bullet strike appeared to enter and exit both the rear and front of the plastic left rear wheel fender flare. One apparent bullet strike was a graze mark on the external portion of the rear of the plastic left rear wheel fender flare. SAPD Unit 853 was parked facing northwesterly, to the rear and east of the Jeep Wrangler. The rear of the vehicle was approximately in line with the south side of the east structure. The front of the vehicle was approximately in line with the south side of the south S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 8 of 30 rear door of the Laundromat. The left front tire was just west of the concrete gutter. The left rear tire was in the middle of the concrete gutter. The driver’s door was standing open. There were three shell casings head stamp “Winchester 40 S&W” (EM #4, #5, & #6) to the west of the left rear quarter panel of SAPD unit #853. There was a shell casing head stamp “Winchester 40 S&W” (EM #3) approximately in the middle of the southbound vehicle access lane, approximately half way between the rear of SAPD Unit 853 and the east wall of the Laundromat. There was a shell casing head stamp “Winchester 40 S&W” (EM #1) in the northbound vehicle access lane, slightly north and west of the southwest edge of the raised planter box, that was located at the east complex cinder block wall. There was a shell casing head stamp “Winchester 40 S&W” (EM #2) on the asphalt approximately one half the width of a parking stall south of the south curb of the raised planter box and in line with the west curb of the raised planter box. There was a Smith & Wesson Model 66, revolver with a 6” barrel (EM #7) on the ground below the left front portion of SAPD unit #856. The revolver was slightly east of the concrete gutter and north of the leading edge of the left front push bumper of the SAPD unit. There was a lead fragment and four small copper jacket fragments (EM #8) on the southbound vehicle access lane, slightly north of the front of the Jeep and in line with the area of the front license plate. There was a small amount of white powder (EM #9) on the ground, slightly west of the Jeep driver’s door. There was a copper bullet jacket fragment (EM #10) at the base of the southeast edge of the raised concrete landing for the north rear door of the Laundromat. On S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 9 of 30 the southeast corner of the raised concrete landing, there was a piece of a “crack pipe”, a plastic baggie, a cigarette box, a cigarette lighter, a multicolored piece of cloth, and a bottle of vitamin water (EM #15). There was a pile of clothing against the east wall of the east structure, a short distance south of the raised concrete landing for the north rear door of the Laundromat. A lead projectile (EM #11), a copper jacket fragment (EM #12), and pieces of a broken “crack pipe” (EM #13 and EM #14) were located on the concrete pad at the east side of the east structure, south of the raised concrete landing for the north rear door of the Laundromat. These items were approximately half way between the raised concrete landing and the Waste Management trash dumpster. Items EM #11 and EM #13 were within close proximity of each other, just west of the east edge of the concrete pad. Items EM #12 and #14 were within close proximity of each other, north of EM #11 and closer to the east wall of the east structure. A pool of apparent blood was located on the asphalt roadway surface, in front of the right front bumper of the Jeep Wrangler. At the east side of the apparent blood pool was a car key and a mini flashlight. At the northeast end of the apparent blood pool there was an apparent blood smear line that went in a northeasterly direction. At the north end of the smear there was a tan colored baseball hat. The top of the baseball hat was coated with apparent blood. All of the aforementioned items were recorded under EM #16. The apparent blood from the pool was trailed in a northeast direction across the roadway surface, into the center concrete gutter north of the Jeep. In the center concrete gutter, south of the apparent blood trail, was a SAPD first aid kit and medical supply bag. North of the first aid kit were two tennis shoes, two white socks and one lower back support belt. The S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 10 of 30 left tennis shoe was at the east side of the center concrete gutter. At the west edge of the center concrete gutter was one white sock. The lower back support belt was slightly north and west of the sock. North of the belt was the other sock and the right tennis shoe. The black lower back support belt appeared to have projectile entrance and exit holes in it. EVIDENCE COLLECTION At 0420 hours, OCCL Forensic Scientist SLY ARSOVSKI began collecting the evidence at the scene. The following items of evidence were collected under the following EM numbers: • EM #1 – One .40 caliber shell casing, head stamped “WINCHESTER 40 S&W” • EM #2 – One .40 caliber shell casing, head stamped “WINCHESTER 40 S&W” • EM #3 – One .40 caliber shell casing, head stamped “WINCHESTER 40 S&W” • EM #4 – One .40 caliber shell casing, head stamped “WINCHESTER 40 S&W” • EM #5 – One .40 caliber shell casing, head stamped “WINCHESTER 40 S&W” • EM #6 – One .40 caliber shell casing, head stamped “WINCHESTER 40 S&W” • EM #7 – One Smith & Wesson .357 magnum revolver, chrome with a 6 inch barrel Serial # 53K5192 • EM #8 – One lead fragment and four copper jacket fragments • EM #9 – Unknown white powder • EM #10 – One copper jacket fragment • EM #11 – One lead projectile • EM #12 – One copper jacket fragment • EM #13 – One piece of a broken “crack pipe” • EM #14 – One piece of a broken “crack pipe” • EM #15 – One piece of a broken “crack pipe”, and a plastic baggie • EM #16 – One baseball cap, one car key, and one mini flashlight black in color S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 11 of 30 • EM #17 – Two “Nike” tennis shoes, two white socks, and one lower back support belt The listed items were booked into evidence at the OCCL under FR#12-53567. Orange County Fire Authority Truck 76 responded to the scene to allow OCCL Forensic Specialist HAYES to obtain aerial digital images of the scene. OCCL Forensic Specialist HAYES took a total of 137 digital images of the Scene. The Jeep Wrangler was sealed by the OCCL personnel for later examination At 0520 hours, the formal processing of the scene was completed. At 0525 hours, the OCCL personnel cleared the scene. At 0530 hours Tow responded to the scene to remove the sealed Jeep Wrangler. Driver loaded the Jeep onto a flatbed tow truck and took it to the OCCL garage. At 0545 hours, the scene was released into the custody of SAPD personnel. OCDA Investigator RICK BRADLEY followed the tow truck to the OCCL secured garage. At 0600 hours, the Jeep Wrangler was dropped and secured in the OCCL evidence garage. On September 10, 2012, at 1300 hours, OCDA Investigator RICK BRADLEY arrived at the OCCL vehicle examination area, located at 320 North Flower Street, in the city of Santa Ana, to supervise the processing of the Jeep Wrangler. SAPD Detective LEO RODRIGUEZ was also present during the processing of the vehicle. The following personnel from the OCCL completed the processing of the vehicle: • SLY ARSOVSKI Forensic Scientist Evidence Collection • KELLI COGERT Forensic Specialist Photography, sketch, latent lifts S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 12 of 30 At approximately 1305 hours, ARSOVSKI and COGERT began processing the vehicle. During the processing, the following observations were made regarding the vehicle: The vehicle was four-wheel drive with large tires and fender well flares. The vehicle had a hard fiberglass type removable shell over the top. The “A” and “B” pillars were heavy duty support bars. A preliminary examination of the exterior of the vehicle revealed no obvious collision damage. The vehicle had a heavy duty front bumper and a spare tire mounted on the exterior of the rear of the vehicle. Preliminary examination of the interior of the vehicle revealed the driver’s seatback was reclined to a point that it almost touched the left side of the rear passenger bench seat. The back of the left rear portion of the rear seat was slightly canted forward. The right front seatback and the right portion of the rear seatback were in an upright position. There were miscellaneous papers and items strewn about the interior of the vehicle. Close examination of the driver’s compartment revealed the following: There was a black wig and a black pistol holster under the driver’s seat. There was a pair of sunglasses on the right front floorboard. There was a screwdriver with a yellow and red handle between the driver’s seat and the center console. There was a piece of red duct tape on the handle of the screwdriver. There was a calendar between the right front passenger seat and the center console. Close examination of the rear passenger area of the vehicle revealed the following: There was a Cingular cellular telephone and a picture frame on the left rear floorboard. There was a black shirt, a black privacy curtain, and a red towel on the center of the rear S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 13 of 30 floorboard. There was a white pillow and an “Orange Crush” bottle, which contained a clear liquid, on the right rear floorboard. There was a deodorant stick on the right side of the rear bench seat. In the rear of the vehicle, behind the rear passenger seatback, there was a blue athletic bag, miscellaneous papers, an Anaheim Angles blanket, vehicle owner’s manual, and the vehicle registration card. Close examination of the vehicle for projectile impact evidence revealed the following: There was a bullet grazing strike (Evidence Marker “A”) on the rear portion of the exterior of the left rear fender flare. The penetration of the grazing strike was shallow at the furthest rear point and became deeper near the leading edge of the fender flare. The grazing strike was approximately 34” above ground level (AGL). There was one apparent bullet strike (Evidence Marker B) on the exterior rear portion of the left rear fender flare, to the left of the vehicle body. The bullet strike was approximately 34½” AGL. There was an apparent bullet exit hole (Evidence Marker B) on the interior rear portion of the left rear fender flare at approximately 34” AGL. There was one apparent bullet strike (Evidence Marker B) on the interior front portion of the left rear fender flare at approximately 32” AGL. There was an apparent bullet exit hole (Evidence Marker B) on the front exterior portion of the left rear fender flare at approximately 32” AGL. There was an apparent bullet strike (Evidence Marker B) on the exterior side of the lower left rear door hinge at approximately 31” AGL. There was an apparent bullet strike (Evidence Marker C) at the base of the vehicle fiberglass shell, just to the left of the left side of the rear shell window. There was an apparent S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 14 of 30 bullet exit hole on the interior portion of the fiberglass shell, in line with the aforementioned apparent bullet strike. There was an apparent bullet entry hole (Evidence Marker C) on the back of the left rear seatback. The apparent bullet entry hole was at approximately the middle of the seatback. There was an apparent bullet exit hole (Evidence Marker C) in the front of the left rear seatback, near the middle of the seatback. The apparent exit hole was in line with the apparent bullet strike hole on the back of the left rear seatback. There was an apparent bullet strike hole (Evidence Marker C) in the rear of the driver’s seatback, near the top and middle of the seatback. The apparent bullet strike hole was just below the headrest. There was no apparent exit hole on the front of the seat. The apparent bullet strike hole was in line with the apparent exit hole on the front of the left rear seatback. The apparent bullet strike hole on the rear of the driver’s seatback was much higher on the seat due to the reclined position of the driver’s seat. ARSOVSKI was unable to locate additional apparent bullet holes in the driver’s seatback, which may have been evidence of an exit hole. Therefore, using a knife, ARSOVSKI cut open the seatback to expose its interior structure. Inside the seatback, ARSOVSKI located a copper jacketed bullet. The bullet was located on the driver’s seatback support structure, next to the left headrest support post. ARSOVSKI collected DNA swabs from the following locations on the vehicle: • 2 from the steering wheel • 2 from the gear shift lever • 2 from the drive gear lever • 2 from the driver’s interior door handle • 1 from the drivers exterior door handle • 2 from the interior right front passenger door handle S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 15 of 30 •1 from the exterior right front passenger door handle •2 from the interior right rear passenger door handle •1 from the exterior right rear passenger door handle •2 from the interior left rear passenger door handle •1 from the exterior left rear passenger door handle COGERT took 67 digital images of the vehicle and its contents. COGERT recovered the following latent fingerprint lifts from the vehicle: • 2 from the exterior of the right front door • 2 from the interior right front passenger • 1 from the exterior right rear passenger door • 1 from the exterior surface of the vehicle hood • 2 from the exterior of the driver’s door • 1 from the rear view mirror • 1 from the driver’s vanity mirror • 2 from the exterior left rear passenger door • 2 from the exterior of the rear shell window • 1 from the “Orange Crush” bottle ARSOVSKI collected the following items of evidence from the vehicle: • One copper jacketed bullet from the driver’s seat back support • 18 DNA Swabs • One lower back support belt from under the left rear passenger seat SAPD Detective RODRIGUEZ collected the following items from the interior of the vehicle: • 1 cellular telephone, Cingular Treo • 1 black leather holster • 1 black wig • 1 screw driver with yellow and red plastic handle S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 16 of 30 • 1 calendar At approximately 1530 hours, the vehicle inspection was concluded and the vehicle was released into the custody of SAPD Detective RODRIGUEZ. INTERVIEWS I conducted the following audio digital recorded interviews: •DAVID ENRIQUEZ SAPD Police Officer •MARCELINO VALENCIA ALMANZA Involved subject • Civilian witness • Civilian witness • Civilian witness OCDA Investigator PAUL KELLY conducted the following audio digital recorded interviews: • Doctor / Trauma Surgeon • Registered Nurse OCDA Investigator STAN BERRY conducted the following audio digital recorded interview: • JOHN CLOUGHEN Firefighter / Paramedic OCDA Investigator TOM CONKLIN conducted the following audio digital recorded interviews: • Civilian witness • Civilian witness • 12 canvass interviews OCDA Investigator KORY DEGRAFFENREID conducted the following audio digital recorded interviews: S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 17 of 30 • 29 canvass interviews SUMMARY OF EVENTS During the course of this investigation 51 interviews were conducted. After reviewing witness statements, SAPD reports, Orange County Crime Lab laboratory and identification reports, incident scene photographs and other relevant reports and materials, the following summary of events was developed as a result of this investigation: MARCELINO VALENCIA ALMANZA was a 39 year old male who had an extensive criminal history. At the time of the incident, ALMANZA was on parole for a conviction. On September 7, 2012, ALMANZA failed to show up for his scheduled parole meeting. According to ALMANZA’s parole officer, Agent JOSE BERGARA, at the time of the incident, ALMANZA was considered a “pre-PAL” (pre-Parolee At Large); meaning a warrant for ALMANZA’s arrest had not yet been placed in the wanted persons system. On September 9, 2012, , his wife, , and their juvenile son, , were residing at a hotel, , located at , Santa Ana, on the northeast corner of the intersection of South Bristol Street and West Segerstrom Avenue. and his family were occupying room number Room number was located on the south side of the second floor of the hotel, facing West Segerstrom Avenue. The room’s south facing window provided an unobstructed view into the rear parking area of 3005 South Bristol Street. On September 9, 2012, sometime during the afternoon, and had returned to the hotel and were parking their vehicle in the hotel parking lot. As they did so, S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 18 of 30 they observed a silver Jeep Wrangler parked in the stall next to their vehicle. The Jeep was occupied by a male Hispanic subject who appeared to be under the influence of drugs. The subject was sweating heavily, had “lazy” eyes, a “spot” on his face and was emblazoned with tattoos. described the tattoos as tattoos that represent pride in the Mexican heritage. noticed a rag was draped over the steering column of the Jeep. explained that he knew from prior experience that a rag draped over the steering column of a vehicle was an indication that the vehicle may be stolen. explained he had gained his prior experience during a time in his life when he was involved in stealing and possessing stolen vehicles. recognized the occupant of the silver Jeep as a subject who had attempted to burglarize his hotel room several weeks prior. had been inside his hotel room with his son when he heard a noise at the hotel room door. responded to the door and opened it to find the subject outside the door, holding a pair of bolt cutters. The subject had been attempting to cut off the handle of the hotel room door with the bolt cutters. The subject made an excuse for why he was there, saying he had mistakenly chosen hotel room, and then quickly left the area. reported the incident to the hotel owner, but did not report the incident to the police. , who was also familiar with the subject, had commented to that she believed that the subject carried a firearm. referred to a bulge that was visible under the subject’s shirt and jeans, on his right hip area. had noticed the bulge and thought it was a crowbar or some kind of tool, but could not discount the object as possibly being a firearm. S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 19 of 30 On September 9, 2012, shortly before midnight, was inside the hotel room, watching television, when he observed a flashing light emanating from outside the hotel room window. He responded to the window and noticed a silver Jeep Wrangler parked across the street in the parking lot behind the coin laundry Laundromat, located at 3005 South Bristol Street. The Jeep was parked parallel to the east wall of the business, facing northbound towards the hotel, flashing its headlights. recognized the silver Jeep as the vehicle he had seen in the parking lot of the hotel earlier that afternoon. As watched from his hotel room window, he could see two subjects next to the driver’s side of the silver Jeep. One of the subjects was standing and the other was confined to a wheelchair. believed the subject who was standing next to the silver jeep was the same subject he had seen earlier that afternoon in the parking lot. The subject was later identified as ALMANZA. The subject in the wheelchair was later identified as knew by the nickname “ ,” since had a reputation for selling illegal drugs; methamphetamine and crack cocaine. was known to sell those drugs from behind 3005 South Bristol Street. As watched ALMANZA and , he could see what appeared to be a cigarette lighter being used between the two subjects. assumed the use of the cigarette lighter was to smoke “crack” cocaine. decided to report the incident to the Santa Ana Police Department (SAPD). called the SAPD and reported that he believed ALMANZA and may be involved in the use of illegal drugs and that the silver Jeep may be a stolen vehicle. S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 20 of 30 At approximately 2358 hours, SAPD dispatch received a telephone call from reporting the incident. At approximately 0010 hours, SAPD dispatch assigned the call to SAPD Patrol Officer DAVID ENRIQUEZ with SAPD Patrol Officer ANTONIO GRAHAM as a secondary unit. ENRIQUEZ responded to the location from the area of West McFadden Avenue and South Center Street. ENRIQUEZ drove his marked police unit eastbound on West McFadden Avenue to South Bristol Street and then proceeded southbound on South Bristol Street to its intersection with West Segerstrom Avenue. At approximately 0015 hours, ENRIQUEZ advised dispatch that he had arrived at the location. ENRIQUEZ proceeded south of the intersection, on South Bristol Street, and turned his vehicle into the shopping center located on the southeast corner of the intersection. ENRIQUEZ drove slowly eastbound through the parking lot of the shopping center looking for the subjects described by the SAPD dispatcher; however, by the time ENRIQUEZ had reached the southeast corner of the shopping center he had not observed evidence of the suspicious activity. ENRIQUEZ turned his vehicle northbound and began to drive behind the building located at 3005 South Bristol Street. As ENRIQUEZ did so, he observed a silver Jeep Wrangler parked behind the building; the vehicle fit the description provided by SAPD dispatch. ENRIQUEZ also observed two subjects next to the vehicle; ALMANZA standing, facing the rear of the building and sitting in a wheelchair between ALMANZA and the building. ENRIQUEZ parked his vehicle south and slightly east of the Jeep and exited his vehicle. As he did so, ENRIQUEZ illuminated his vehicle’s spotlight and directed it towards the location of the Jeep. ENRIQUEZ walked a few feet westbound, away from his vehicle and towards the S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 21 of 30 ALMANZA and . ALMANZA appeared to be arguing with, and yelling at, in an aggressive manner. As ALMANZA yelled at , he looked over towards ENRIQUEZ and said, “Oh shit.” ENRIQUEZ could see ALMANZA was holding both of his hands close to his chest and together; his elbows were at chest level and out to his sides. ENRIQUEZ described ALMANZA’s hands and arms position as “chicken winged.” ENRIQUEZ could see that ALMANZA was holding an item in his hands. ALMANZA’s right hand appeared to be in the shape of a fist or “master grip;” his left hand was below his right hand and appeared to be cradling an object. The object was metallic and shiny. Although ENRIQUEZ could not readily identify the object in ALMANZA’s hands, ENRIQUEZ immediately recognized the position of ALMANZA’s hands and arms as an indication ALMANZA may be holding a firearm. ENRIQUEZ believe he had interrupted a felony in progress; possibly a robbery. Immediately after ALMANZA uttered the words “Oh, shit,” he turned away from ENRIQUEZ and ran northbound towards the open driver’s door of the Jeep. ENRIQUEZ drew his firearm and shouted, “Hey, stop.” ALMANZA ignored ENRIQUEZ. ALMANZA stopped at the open driver’s door of the Jeep and bent over into the driver’s compartment, while standing on the roadway next to the vehicle. The top half of ALMANZA’s body was inside the vehicle and ENRIQUEZ could see that ALMANZA was either manipulating or retrieving an item from inside the vehicle. ALMANZA appeared focused, as he rifled through the contents of the vehicle. ALMANZA was inside the vehicle for a very short time – approximately one second. ENRIQUEZ described the time ALMANZA spent inside the vehicle as, “as if whatever he was getting he knew where it was and he knew how to get it.” ALMANZA emerged from the vehicle, S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 22 of 30 looked back at ENRIQUEZ and then began to move northbound towards the front of the Jeep. As he did so, ALMANZA slammed the driver’s door of the Jeep closed. ALMANZA moved north and took cover behind the front of the Jeep. ENRIQUEZ noticed that as ALMANZA ran to the front of the Jeep, he maintained his hands close to his chest. ALMANZA maintained his arms in the “chicken winged” position that ENRIQUEZ had previously observed. This observation caused ENRIQUEZ to believe that ALMANZA was still in possession of a firearm. ENRIQUEZ yelled to ALMANZA, “Hey, don’t make me do this.” Since ALMANZA closed the driver’s door of the Jeep, there was now a clear and unobstructed view along the driver’s side of the Jeep. ALMANZA was directly in front of the driver’s side headlight of the Jeep, looking back towards ENRIQUEZ, who was standing close to the east wall of the building, west of the rear of the Jeep. ALMANZA appeared to be taking short peeks along the side of the Jeep. ENRIQUEZ believed these short peeks were to acquire “target acquisition” of ENRIQUEZ. ENRIQUEZ recalled, “When he first saw me, ‘oh, shit,’ when he ran to the door, looked back. When he ran to the front, he’s still looking. Again, why is someone that is in trouble or allegedly guilty of anything, why are they sticking around, why aren’t you running? He is now taking a position of cover and concealment and all of these things are starting to quickly add in my head, never seen his hands, what did he get? What did he put away from, from the driver’s side? Why did he shut the door? The door would give him more, uh, of a better place to hide, why did he shut it? To give him a co-, uh, unobstructed view of me. I was convinced he was… getting a target acquisition on me. He wanted to take a position of advantage. He’s done S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 23 of 30 something like this before. He had it planned out, a plan of escape. What’s in front of the Jeep? A motor, tires, cover. What’s in front of me? Absolutely nothing.” As ALMANZA peeked back towards ENRIQUEZ, ALMANZA appeared to be manipulating what ENRIQUEZ believed was a firearm. Fearing that ALMANZA was going to assault him with the firearm, ENRIQUEZ took aim with his firearm and fired four rounds in ALMANZA’s direction. ENRIQUEZ stepped to the east, behind the Jeep, and evaluated the situation. ENRIQUEZ did not hear ALMANZA say anything after ENRIQUEZ fired his firearm. ENRIQUEZ looked underneath the Jeep and could see ALMANZA squatting in front of the Jeep. ALMANZA did not appear to have been injured by the four rounds fired by ENRIQUEZ. ENRIQUEZ could see that ALMANZA had begun to side step back and forth, from side to side, in front of the vehicle. ENRIQUEZ began to move in a northeasterly direction towards the passenger’s side of the Jeep. As ENRIQUEZ moved in a northeasterly direction, he used a tactic he had learned since becoming a police officer. ENRIQUEZ used a technique known as “pie the corner,” as he made his way around the passenger’s side of the vehicle looking for ALMANZA. “Pie the corner” is a technique that allows a police officer to incrementally address threats that may be around corners. It allows the police officer to maintain a certain amount of concealment as he/she addresses a threat. As ENRIQUEZ made his way around the passenger’s side of the Jeep, he came to a position, which was approximately 30 feet to the east and slightly south of the front of the Jeep, where he was able to see ALMANZA. ALMANZA was squatting down, facing the front of the Jeep, with his chest against the grille area. ALMANZA still had his hands together in front of him, as though he was holding a firearm in his hands. Upon seeing ALMANZA, ENRIQUEZ S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 24 of 30 immediately fired two rounds from his firearm in ALMANZA’s direction. ALMANZA spun towards ENRIQUEZ and then fell onto his back. ALMANZA’s head was to the north and his feet to the south as he lay supine in front of the Jeep. ALMANZA began screaming in pain, yelling “Okay, okay, okay, stop, stop, stop.” ENRIQUEZ maintained his distance from ALMANZA, as he covered him with his firearm. ENRIQUEZ did not want to approach ALMANZA, due to safety concerns. , who had been present during the entire incident, had not moved from his original position against the rear of the building. ENRIQUEZ was concerned regarding possible role in the incident. ENRIQUEZ thought, “Is he a victim? Am I being ambushed? Is he a threat? What’s going on here? I’m all alone … happened all quick and I have not yet broadcasted this at all. I don’t know if there’s any threat, is someone going to wake up from back of the Jeep and say hey, that’s… my homie, that’s my friend and come out with a bigger gun or come out with something? I, I have a lot of moving parts to work with. I have to maintain, um, a position of advantage. I have to take control of the situation. I have to quickly access. I have to be professional and that’s where I broadcast for help and let my partners know what’s happened.” Using his police radio, ENRIQUEZ broadcast that he was involved in a shooting. According to ENRIQUEZ, within approximately 15 seconds, responding SAPD officers began to arrive on scene to assist ENRIQUEZ. As additional officers arrived, ENRIQUEZ backed away from the scene and allowed the responding officers to take custody of ALMANZA. ENRIQUEZ had no further contact with ALMANZA. S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 25 of 30 On September 10, 2012, at approximately 0022 hours, Orange County Fire Authority (OCFA) Unit T76, B9, Medic Unit 77 and Care Ambulance Service, unit CAR283, responded to the shooting incident scene. The following OCFA personnel responded to this incident: • MARQUEZ Captain Unit T76 • GRADY JOHN TIMOTI Engineer Unit T76 • JOHN CLOUGHEN Paramedic Unit T76 • PARIET HERNANDEZ Firefighter Unit T76 • JOHN LOPEZ Paramedic Unit M77 • RYAN TAYLOR Paramedic Unit M77 At approximately 0028 hours, T76 arrived and fire personnel were directed to the incident location by Santa Ana Police officers on scene. When Paramedic JOHN CLOUGHEN entered the scene, he observed ALMANZA on the ground, supine, shirtless and not handcuffed. He noted apparent blood on and around ALMANZA and noticed ALMANZA appeared to be experiencing respiratory distress. CLOUGHEN began to assess ALMANZA’s condition. CLOUGHEN believed ALMANZA suffered gunshot wounds to the right chest, shoulder, arm and a deep graze to his right deltoid. ALMANZA was uncooperative and refused to answer any questions asked by fire personnel. At 0032 hours, ALMANZA was placed in the back of a Care Ambulance and transported to the University of California, Irvine Medical Center (UCIMC), located at 101 The City Drive, in the city of Orange. While in the back of the ambulance, it was learned that ALMANZA did not suffer a gunshot wound to the chest. An intravenous (IV) line was established in ALMANZA’s left arm and he was provided supplemental oxygen. S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 26 of 30 At approximately 0046 hours, ALMANZA arrived at UCIMC’s Emergency Room. Registered Nurse was assigned as ALMANZA’s treating nurse. The following persons were also involved in caring from ALMANZA: • Medical Doctor, Attending Trauma Surgeon • Medical Doctor, Senior Trauma Resident • Medical Doctor, Attending Emergency Room Physician • Medical Doctor, Emergency Room Resident • Registered Nurse, Emergency Room observed what she described as an apparent entrance/exit wound to ALMANZA’s right deltoid area and a laceration to his right flank area. According to attending physicians were concerned with perfusion to ALMANZA’s right arm as they were unable to detect brachial or radial pulses. Additionally, physicians were able to palpate what they believed may be bullet fragments. At approximately 0146 hours, ALMANZA was transferred to Operating Room #16 to undergo surgery, due to the lack of blood perfusion to his right arm. Attending Trauma Surgeon was assigned to care for ALMANZA. observed two apparent gunshot wounds to ALMANZA’s right arm. subsequently performed surgery on ALMANZA. described one wound as a through and through on the outside of the right shoulder, with the holes being approximately 6 centimeters apart. The other wound was on the inside of the upper right arm with an apparent projectile palpable on the posterior aspect of the upper right arm. A copper jacketed bullet core was recovered from that arm during surgery. S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 27 of 30 observed non-descript scrapes on ALMANZA’s right back/flank area which did not appear to have resulted from a gunshot. did not observe any further injuries to ALMANZA. On September 12, 2012, at approximately 1115 hours, ALMANZA was discharged from the care of UCIMC and transferred into the custody of the SAPD. ALMANZA was transported to the SAPD where he was booked. ALMANZA was later transported to the Orange County Jail to await arraignment. On November 20, 2012, SAPD Detective MOROYOQUI received a telephone call from Orange County Sheriff’s Department (OCSD) Sergeant DARRYL ROMERO. ROMERO was a supervisor at OCSD Theo Lacy Jail Facility, located at 501 The City Drive South, in the city of Orange, where ALMANZA was being housed. ROMERO had been provided several hand written documents by ALMANZA. ROMERO provided copies of the documents to MOROYOUQI, along with a copy of an incident report, which detailed ROMERO’s interaction with ALMANZA. The incident was assigned OCSD report number 12-205729. The documents authored by ALMANZA detailed the events leading up to ALMANZA being shot by SAPD Officer ENRIQUEZ. In the documents, ALMANZA included a statement that he was in possession of a firearm, when first contacted by ENRIQUEZ. ALMANZA stated, upon seeing “a patrol car,” he walked to the front of the Jeep to “toss” the firearm. ALMANZA identified the firearm as being concealed in his pocket, “out of view of the patrol car.” According to ALMANZA’s statement, “ ,” the subject ALMANZA was with at the time of the incident (presumably ), asked ALMANZA where he was going. ALMANZA told “to toss a gun.” A partial statement provided by ALMANZA in the documents is as S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 28 of 30 follows: “I told him to toss a gun I didnt want to get cought with, at wich point I was infront of the vehicle and got the gun out and toss it as far as I could, I turn around to walk back and coming around the vehicle Peace Officer (John Doe) open Fire on me shooting close to 7 rounds.” [sic] See the attached OCSD incident report for further. EVIDENCE ANALYSIS Toxicological Examination: DRUG MATRIX RESULT Firearm Examination The following firearms were test fired and found to operate without malfunction: SAPD Officer DAVID ENRIQUEZ’s handgun: • Glock model 22 pistol. .40 auto calilber, serial# KEZ535 A revolver found at the scene: • Smith & Wesson model 66-1 revolver, .357 Magnum caliber, serial# 53K5192 Cartridge cases recovered at scene: Six (6) fired cartridge cases were recovered at the scene. Examination of the cartridge cases determined the cartridge cases had been fired in ENRIQUEZ’s Glock pistol. Bullets and bullet fragments recovered at scene: The following bullets were recovered at the scene and were examined with the following results: • OCCL item number 8, a bullet recovered from the Jeep, is an unexpanded and impact damaged Winchester brand SXT jacketed hollow point bullet consistent with being .40 Smith and Wesson caliber. The bullet shared class characteristics with the Glock pistol, S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 29 of 30 but the bullet could not be conclusively identified as being fired from ENRIQUEZ’s pistol. The bullet lacked marks suitable for microscopic comparison. •EM8 (lead bullet core and copper jacket fragments), EM10 (copper jacket fragment), EM11 (lead bullet core) and EM12 (copper jacket fragment). All items, but two copper jacket fragments from EM8, were identified as being from .40 Smith and Wesson caliber Winchester SXT hollow point bullet(s). The items shared class characteristics with the Glock pistol, but it could not be determined if any were fired from ENRIQUEZ’s pistol. The results of the microscopic comparisons were inconclusive. Bullet recovered at hospital: OCCL item number 3, a bullet recovered from ALMANZA’s person at the hospital, is a fully expanded .40 Smith and Wesson caliber Winchester brand SXT jacketed hollow point bullet. The bullet shared class characteristics with the Glock pistol, but the bullet could not be conclusively identified as being fired from ENRIQUEZ’s pistol. The bullet lacked marks suitable for microscopic comparison. DNA evidence: The Smith and Wesson .357 revolver, serial number 53K5192, was examined for DNA. The trigger and grips swabs were extracted for DNA and typing was performed using the Identifiler Plus system. The hammer/barrel/cylinder swab was extracted for DNA and an insufficient quantity of DNA for typing was recovered. A mixture of DNA from at least three individuals was detected in the swab from the trigger sample. Due to the number of contributors, lack of a major contributor and the low level of DNA for some contributors, these results were not suitable for database entry or comparison. S.A. 12-022 Investigator: ANDREW ROSS Approved By: Date of Report: 01/02/13 Date: 01/03/13 Page 30 of 30 The same DNA profile was obtained from the grips swab and from the oral swab standard from ALMANZA. Therefore, ALMANZA could not be eliminated as the source of the DNA from the grips of the Smith and Wesson Sample. The frequency of choosing an individual, at random, who could be a possible source of this DNA is more rare than one in one trillion unrelated individuals. BACKGROUND INFORMATION ALMANZA’s . He had been previously arrested for the following charges: •