HomeMy WebLinkAboutSummary by Dawson_Redacted SA 13-015
Investigator: L. Dawson Approved By:
Date of Report: 11/20/13 Date: 11/20/2013
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CASE NAME: GONZALEZ, JESSICA
CLASSIFICATION: OFFICER INVOLVED SHOOTING(FATAL)
AGENCY: SANTA ANA POLICE DEPARTMENT
LOCATION: EAST ALLEY OF 805 SOUTH TOWNSEND STREET, SANTA ANA
Preliminary Investigation ...........................................................................................1
Initial Scene Investigation/Evidence Collection .........................................................2
Interviews ...................................................................................................................13
Summary of Events ....................................................................................................14
Evidence Analysis .......................................................................................................23
Background Information ............................................................................................24
PRELIMINARY INVESTIGATION
On June 23, 2013, at approximately 0842 hours, Orange County District Attorney (OCDA)
Supervising Investigator MARK GUTIERREZ contacted me regarding an officer involved shooting
incident involving officers from the Santa Ana Police Department (SAPD). GUTIERREZ requested
I respond to the east alley of 805 South Townsend Street, in the city of Santa Ana, and he
assigned me as the lead investigator.
At approximately 1000 hours, I arrived on scene and met with investigators from the
OCDA and detectives from SAPD who were present to assist in the investigation.
ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE
BUREAU OF INVESTIGATION
INVESTIGATIVE SUMMARY
SA 13-015
Investigator: L. Dawson Approved By:
Date of Report: 11/20/13 Date: 11/20/2013
Page 2 of 25
At approximately 1050 hours, SAPD Sergeant PHIL CRAFT conducted a briefing of the
known circumstances surrounding the incident for personnel involved in the investigation.
The following assignments were made:
• LOREN DAWSON / LEO RODRIGUEZ (SAPD) - Case Investigators
• DEAN FULCHER / RASHAD WILSON (SAPD) - Scene
• BRAD TANNER / DOMINGO CABRERA (SAPD) - Officer Processing
• ED WOOD / CESAR FLORES (SAPD) - Canvass
• KORY DEGRAFFENREID / JEFF LAUNI (SAPD) - Hospital
• MIKE KENDRICK / MIKE JUDSON (SAPD) - Canvass
• BOB ERICKSON / FRANK GOMEZ (SAPD) - Canvass
Other reports related to this incident are listed below:
• Santa Ana Police Department case number 13-17495
• Orange County Fire Authority incident number 13-57141
• Orange Police Department case number 13-06-0770
• Orange County Crime Lab case number FR #13-48764
• Orange County Sheriff’s Department-Coroner case number 13-02615-BB
INITIAL SCENE INVESTIGATION / EVIDENCE COLLECTION
The following Orange County Crime Lab (OCCL) personnel responded and processed the
scene:
• FELICIA BURKE Forensic Scientist Evidence Collection
• JEANNIE TRAN Forensic Specialist Scene Mapping/Photography
• KELLI COGERT Lead Forensic Specialist Scene Mapping/Photography
• SUSAN MOORE Lead Forensic Specialist Scene Mapping
• LAURABETH CAMACHO Forensic Specialist Scene Mapping
SA 13-015
Investigator: L. Dawson Approved By:
Date of Report: 11/20/13 Date: 11/20/2013
Page 3 of 25
SCENE DESCRIPTION
The scene was described as follows: The weather was warm, overcast, and dry. The
shooting incident occurred during hours of daylight.
The scene was cordoned off with crime scene tape. Uniformed Santa Ana Police
Department personnel were stationed to prevent access and preserve evidence within the
scene. The cordoned off area included an interior perimeter and an exterior perimeter. Both
perimeters were cordoned off by yellow police line tape.
The interior perimeter consisted of the east alley of the 700 and 800 blocks of South
Townsend Street between 729 South Townsend Street and 802 South Townsend Street. The
exterior perimeter included the east alley of South Townsend Street between Monta Vista
Avenue on the north and an east/west intersecting alley at 900 South Townsend Street.
The shooting incident occurred in the east alley of 800 South Townsend Street between
805 South Townsend Street and 809 South Townsend Street. The east alley of the 800 block of
South Townsend Street is a north/south public access alley between South Townsend Street on
the west and Raitt Street on the east. The alley is bordered on the south by an intersecting
east/west alley and on the north by Monta Vista Avenue. The roadway was a composition
asphalt surface with depressed off-center concrete drainage.
On the east side of the alley, were blue and gray colored, wood frame and stucco type
construction, single and two-car garages. The garage doors were gray in color and faced west
into the alley. The garages were associated with apartment buildings on Raitt Street. The
garages were separated by east/west running asphalt surfaced driveways to access parking lots
SA 13-015
Investigator: L. Dawson Approved By:
Date of Report: 11/20/13 Date: 11/20/2013
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east of the garages and adjacent to multi-unit apartment buildings. On the west side of the
alley were east/west asphalt driveways bordered on the north and south by tan colored, wood
frame and stucco type construction, single and two-car garages, attached to multi-unit
apartment building 805 South Townsend Street on the north and 809 South Townsend Street
on the south.
There was an Edison pole (#1301146E) at the north side of the interior perimeter on the
east side of the alley near 729 South Townsend Street. There was an Edison pole (#1301145E)
at the south side of the interior perimeter on the east side of the alley near 809 South
Townsend Street. A damaged street light was affixed to the top of the pole.
There was a green trash dumpster on the west side of the alley against the east wall of
the garage for 809 South Townsend Street. Painted, in white, on the south side of the green
dumpster was an identifying number, 809. There was a green trash dumpster on the west side
of the alley against the east wall of the garage for 805 South Townsend Street. Painted, in
white, on the south side of the green dumpster was an identifying number, 805.
The southeast garage for 805 South Townsend Street (#1) was open. This garage was an
approximately 8’ X 10’, tan colored, wood frame and stucco type construction, single car
garage. The door was a tan, hinged, wood door. There were no vehicles in the garage, which
contained chairs, tables, bicycles, luggage, and other miscellaneous items. All other garage
doors appeared to be closed and locked, with the exception of the northeast garage door of
805 South Townsend Street. The lock to the northeast garage door for 805 South Townsend
Street had been cut by Santa Ana Police Department personnel. The lock was lying, in two
pieces, in the driveway south of the garage door.
SA 13-015
Investigator: L. Dawson Approved By:
Date of Report: 11/20/13 Date: 11/20/2013
Page 5 of 25
VEHICLES IN SCENE
There were two police vehicles and five civilian vehicles within the inner perimeter.
Those vehicles are described as follows:
• Vehicle #1 – Ford, Crown Victoria, Santa Ana Police Department unit #880, vehicle
license number 1226215. This vehicle was driven by (SAPD) Officer GARY AYALA. This
vehicle was parked facing northbound in the alley, with the driver side wheels just east
of the concrete drain. The vehicle’s engine was off with the head lamps, spot lights and
overhead emergency lights off. There was a .40 caliber Ruger PC4 carbine rifle, serial
number 480-06193, locked in the rifle rack between the driver and passenger seat. The
rifle had 11 rounds (maximum capacity) of Winchester .40 S&W ammunition in the
magazine, the chamber was empty. There was an extra magazine, in a nylon holder,
attached to the stock of the rifle. The magazine contained 11 rounds (maximum
capacity) of Winchester .40 S&W ammunition. The vehicle contained no other weapons
and no audio video recording equipment.
• Vehicle #2 – Ford, Crown Victoria, Santa Ana Police Department unit #854, vehicle
license number 1226270. This vehicle was driven by (SAPD) Officer SAUL ESQUIVEL.
This vehicle was parked facing northbound in the alley, approximately 3 feet south of
Santa Ana Police Department unit #880. The vehicle’s engine was running with the head
lamps, spot lights and overhead emergency lights off. There was a .40 caliber Ruger PC4
carbine rifle, serial number 480-06219, locked in the rifle rack between the driver and
passenger seat. The rifle had 11 rounds (maximum capacity) of Winchester .40 S&W
ammunition in the magazine, the chamber was empty. There was an extra magazine, in
a nylon holder, attached to the stock of the rifle. The magazine contained 11 rounds
(maximum capacity) of Winchester .40 S&W ammunition. The vehicle contained no
other weapons and no audio video recording equipment.
• Vehicle #3 – 2003 Nissan Xterra, 4 door, silver, The registered owner was
.
SA 13-015
Investigator: L. Dawson Approved By:
Date of Report: 11/20/13 Date: 11/20/2013
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This vehicle was parked facing westbound in the driveway south of the northeast garage
of 805 South Townsend Street. The vehicle doors were locked.
• Vehicle #4 – 1993 Honda Accord, four-door, black, The registered owner was
.
This vehicle was parked facing westbound in the driveway south of the 2003 Nissan
Xterra. The vehicles doors were locked.
• Vehicle #5 – 2000 GMC Yukon, four-door, gray, . The registered owner was
. This vehicle was parked facing westbound in the northwest corner of the
driveway south of the northwest garage of 805 South Townsend Street. The vehicles
doors were locked.
• Vehicle #6 – 2002 Ford Explorer, four-door, blue, The registered owner was
This
vehicle was parked facing westbound, south of the 2000 GMC Yukon, in the driveway
south of the northwest garage of 805 South Townsend Street. The vehicles doors were
locked.
• Vehicle #7 – 2007 GMC Sierra, pick-up, silver, The registered owner was
This vehicle was parked facing eastbound, in the driveway, north of the
southwest garage of 805 South Townsend Street. The vehicles doors were locked.
SCENE EXAMINATION
Orange County Crime Lab (OCCL) located a total of 57 items of evidence that were
documented, photographed, and collected. These items were identified by Evidence Marker
(EM) tags. There were seventeen possible bullet strikes that were marked by Evidence Tags
(ET), A-P, and photographed. A Plumbtesmo Test conducted on (ET) A and G tested positive for
the presence of lead.
A total of 235 digital images were taken by OCCL Forensic Specialist JEANNIE TRAN.
SA 13-015
Investigator: L. Dawson Approved By:
Date of Report: 11/20/13 Date: 11/20/2013
Page 7 of 25
EVIDENCE COLLECTION
The following items of evidence were collected by OCCL Forensic Scientist FELICIA
BURKE. The items were collected under the following evidence marker (EM) numbers: The
location and items collected were as follows:
• EM #1 – Cartridge casing, head stamp “WINCHESTER 45 AUTO,” located in the alley
south of SAPD unit 854 and west of the driveway to the parking lot for 810 South Raitt.
• EM #2 – Cartridge casing, head stamp “WINCHESTER 45 AUTO,” located in the alley
south of SAPD unit 854 and slightly east of the concrete depression.
• EM #3 – Cartridge casing, head stamp “WINCHESTER 45 AUTO,” located in the alley
south of SAPD unit 854 and near the west edge of the concrete depression.
• EM #4 – Cartridge casing, head stamp “WINCHESTER 45 AUTO,” located in the alley
south of SAPD unit 854 and in line with the driver side tires of unit 854.
• EM #5 – Cartridge casing, head stamp “WINCHESTER 45 AUTO,” located in the alley
south of SAPD unit 854 and east of the concrete depression.
• EM #6 – Cartridge casing, head stamp “WINCHESTER 45 AUTO,” located in the alley
south of SAPD unit 854 and near the center of the concrete depression.
• EM #7 – Cartridge casing, head stamp “WINCHESTER 45 AUTO,” located in the driveway
south of the north east garage of 809 South Townsend Street.
• EM #8 – Cartridge casing, head stamp “WINCHESTER 45 AUTO,” located in the alley
south of SAPD unit 854 and along the east edge of the concrete depression.
• EM #9 – Cartridge casing, head stamp “WINCHESTER 45 AUTO,” located in the alley
south of SAPD unit 854 and along the east edge of the concrete depression north of EM
#8.
• EM #10 – Cartridge casing, head stamp “WINCHESTER 40 S&W,” located in the alley
south of SAPD unit 854 along the east edge of the alley.
• EM #11 – Cartridge casing, head stamp “WINCHESTER 40 S&W,” located in the alley
south of SAPD unit 854 along the east edge of the alley and west of EM 10.
SA 13-015
Investigator: L. Dawson Approved By:
Date of Report: 11/20/13 Date: 11/20/2013
Page 8 of 25
• EM #12 – Cartridge casing, head stamp “WINCHESTER 40 S&W,” located in the alley
south of SAPD unit 854 and east of being in line with the passenger side wheels.
• EM #13 – Apparent copper jacket fragment located south of SAPD unit 854 in line with
the passenger side wheels of unit 854.
• EM #14– Cartridge casing, head stamp “WINCHESTER 40 S&W,” located in the alley
south of SAPD unit 854 in line with the driver side wheels of unit 854.
• EM #15 – Cartridge casing, head stamp “WINCHESTER 45 AUTO,” located in the center
of the alley west of SAPD unit 854.
• EM #16 – Cartridge casing, head stamp “WINCHESTER 45 AUTO,” located in the center
of the alley west of SAPD unit 854.
• EM #17 – Cartridge casing, head stamp “WINCHESTER 45 AUTO,” located west of SAPD
unit 854 north of the rear driver side wheel.
• EM #18 – Possible lead bullet located west of the driver door of SAPD unit 854 and east
of the concrete depression in the alley.
• EM #19 – Possible lead fragment located west of the driver door of SAPD unit 854 near
the center of the concrete depression in the alley.
• EM #20 - Possible lead fragment located west of the driver door and adjacent to the
driver side front wheel of SAPD unit 854.
• EM #21 – Apparent copper fragment located south of the driver side front wheel of
SAPD unit 854.
• EM #22 – Possible lead bullet located in the alley east of the front bumper of SAPD unit
854.
• EM #23 – Apparent copper fragment located in the alley east of the front bumper of
SAPD unit 854 and in line with the passenger side wheels of SAPD unit 880.
• EM #24 - Cartridge casing, head stamp “WINCHESTER 40 S&W,” located in the alley
north of and in line with the passenger side wheels of SAPD unit 854.
• EM #25 – Gray and black plastic handgun with no identifying nomenclature and with
apparent blood on it. Located in the west side of the alley south of the driveway for the
garages to 809 South Townsend Street.
SA 13-015
Investigator: L. Dawson Approved By:
Date of Report: 11/20/13 Date: 11/20/2013
Page 9 of 25
• EM #26 – Possible lead bullet fragment located along the west side of the alley south of
the driveway for the garages to 809 South Townsend Street.
• EM #27 - Cartridge casing, head stamp “WINCHESTER 40 S&W,” located west of the rear
bumper of SAPD unit 880 near the center of the concrete depression in the alley.
• EM #28 - Possible lead bullet fragment located along the west side of the alley north of
the driveway for the garages to 805 South Townsend Street.
• EM #29 - Possible lead bullet fragment located in the alley adjacent to driver side rear
wheel of SAPD unit 880.
• EM #30 – Hypodermic needle and syringe containing apparent blood and undetermined
dark liquid substance located along the west side of the alley north of the driveway for
the garages of 805 South Townsend Street.
• EM #31 - Cartridge casing, head stamp “WINCHESTER 40 S&W,” located in the alley west
of SAPD unit 880 and north of the garages of 805 South Townsend Street.
• EM #32 – Possible lead bullet located in the alley west of SAPD unit 880 and north of the
garages of 805 South Townsend Street.
• EM #33 – One pair of rose colored SUSAN B. KOMAN sunglasses located under SAPD
unit #880 near the driver side rear wheel.
• EM #34 - Cartridge casing, head stamp “WINCHESTER 40 S&W,” located under SAPD unit
#880 near the driver side front tire.
• EM #35 – Possible copper fragment located on the west side of the alley south of the
green trash dumpster marked “805.”
• EM #36 – Possible bullet fragment located in the alley east of Edison pole # 1301145E.
• EM #37 – Possible copper jacket fragment located on the west side of the alley, north of
the south wall of the garages for 801 South Townsend Street.
• EM #38 – Possible lead bullet located along the east side of the alley north of Edison
Pole #1301145E.
• EM #39 – Possible bullet fragment located along the west side of the alley south of the
driveway for the garages for 729 South Townsend Street.
SA 13-015
Investigator: L. Dawson Approved By:
Date of Report: 11/20/13 Date: 11/20/2013
Page 10 of 25
• EM #40 – Possible lead bullet located along the west wall of the northeast garage for
805 South Townsend Street.
The apparent bullet strikes (Evidence Tags) were documented as follows:
• A - East wall of the northeast garage for 809 South Townsend Street.
• B - East wall of the southeast garage for 805 South Townsend Street.
• C - East Wall of the southeast garage for 805 South Townsend Street.
• D - East Wall of the southeast garage for 805 South Townsend Street.
• E - East Wall of the southeast garage for 805 South Townsend Street.
• F - East Wall of the southeast garage for 805 South Townsend Street.
• G - East Wall of the southeast garage for 805 South Townsend Street.
• H - East Wall of the southeast garage for 805 South Townsend Street.
• I - East Wall of the southeast garage for 805 South Townsend Street.
• J - Center of the tailgate of 2003 Nissan Xterra,
• K - Top and center of post between garage doors of north garages for 805 South
Townsend Street.
• L - Garage door of the northeast garage for 805 South Townsend Street.
• L1 - West wall of the northeast garage for 805 South Townsend Street.
• M - East side of northeast garage door of north garages for 805 South Townsend Street.
• N - North side of middle garage door of garages on the east side of the alley at 800
South Townsend Street.
• O - West side of center garage door for 730 South Raitt Street.
• P - Southeast wall of northeast garage for 729 South Townsend Street.
The following items were also collected by OCCL Forensic Scientist FELICIA BURKE from
the southeast garage (#1) of 805 South Townsend Street:
• One black Vans tennis shoe, women’s size 8.
• One brown fur lined boot, size 9M.
SA 13-015
Investigator: L. Dawson Approved By:
Date of Report: 11/20/13 Date: 11/20/2013
Page 11 of 25
At approximately 1100 hours, OCCL Forensic Specialist LAURABETH CAMACHO
responded to University of California, Irvine - Medical Center (UCIMC), Emergency Room,
Douglas Hospital 12, bed 16, located in the city of Orange, and took 39 digital images of
GONZALEZ.
At approximately 1126 hours, Orange County Sheriff-Coroner Division Senior Deputy
Coroner BROOKE BEASLEY processed GONZALEZ’S body at UCIMC, under Orange County
Coroner’s case #13-02615-BB. BEASLEY collected the following items and booked them into
evidence at the Orange County Sheriff’s Department.
• One pair of black women’s underwear containing buttocks pads
• One pair of black, boxer type, underwear
• One pair of black, Victoria’s Secret brand, underwear
• One pair of white socks
• One beige boot
• One black, Vans brand, tennis shoe
• One pair of blue sweat pants, cut
• One blood soaked white sweatshirt
• Two blood soaked T-shirts
• $135 dollars in U.S. Currency
At approximately 1206 hours, Traditional Funeral Services Attendant
arrived at UCIMC. placed GONZALEZ’S body in a white body bag.
At approximately 1211 hours, the body bag was sealed and tagged by BEASLEY.
At approximately 1215 hours, transported the body to the Orange County
Sheriff-Coroner Division, located at 1071 West Santa Ana Boulevard, in the city of Santa Ana.
SA 13-015
Investigator: L. Dawson Approved By:
Date of Report: 11/20/13 Date: 11/20/2013
Page 12 of 25
At approximately 1306 hours, OCCL Forensic Specialist LAURABETH CAMACHO
photographed Santa Ana Police Officer GARY AYALA and Santa Ana Police Officer SAUL ESQUIVEL,
and collected the following evidence under OCCL FR #13-48764:
Santa Ana Police Officer GARY AYALA #3294
• Glock Model 22, .40 caliber semi-automatic pistol, serial # LXN640 with a Streamlight
TLR light serial # C4-3525650912 mounted on the lower rail.
• One magazine from the handgun containing 7 Winchester rounds and 1 additional
round of Winchester ammunition from the chamber of the handgun.
• Two additional handgun magazines each loaded to a maximum capacity with 15 rounds
of Winchester brand ammunition.
• Photographs in duty uniform
AYALA carried a backup handgun in his left rear pants pocket. The backup handgun was
not collected by the OCCL.
The backup handgun and ammunition were described as follows:
• Smith and Wesson, Bodyguard, .380 semi-automatic pistol serial number #EBT-0446.
The handgun magazine was loaded to capacity with six rounds of Hornady .380 auto
ammunition with one round in the chamber of the pistol.
Santa Ana Police Officer SAUL ESQUIVEL #3295
• Glock Model 21, .45 caliber semi-automatic pistol serial # HAY924 with a Streamlight
TLR light serial #C4-3525050912.
• One magazine from the handgun containing 1 Winchester round and 1 additional
Winchester round from the chamber of the handgun.
• Two additional handgun magazines each loaded with 12 rounds of Winchester
ammunition.
• Photographs in duty uniform
SA 13-015
Investigator: L. Dawson Approved By:
Date of Report: 11/20/13 Date: 11/20/2013
Page 13 of 25
At approximately 1735 hours, OCDA Investigator ED WOOD turned control of the scene over
to Santa Ana Police Department personnel.
On June 26, 2013, at approximately 0900 hours, Orange County Sheriff’s Forensic
Scientist FELICIA BURKE attended the postmortem examination of GONZALEZ at the Orange
County Sheriff-Coroner Division, located at 1071 West Santa Ana Boulevard, Santa Ana. The
following items of evidence were collected and released to the Orange County Sheriff’s Forensic
Services Evidence Control Unit:
• Deoxyribonucleic Acid (DNA) swabs from the hands
• Deep muscle tissue
• Bags from both hands
• One (1) projectile from GONZALEZ’S spine
• Projectile fragments from GONZALEZ’S spine and left chest cavity
OCCL Forensic Specialist AIDE SAHAGUN took 80 digital images of the autopsy.
On June 28, 2013, at approximately 1530 hours, OCCL Forensic Specialist HILARY
PEPLOWSKI took 16 post-embalming digital images of the decedent.
INTERVIEWS
I conducted the following audio digital recorded interviews:
• GARY AYALA Santa Ana Police Officer
• SAUL ESQUIVEL Santa Ana Police Officer
• PHIL CRAFT Santa Ana Police Sergeant
• MICAH MCALLISTER Orange County Fire Authority Paramedic
• Civilian
Orange County District Attorney Investigator KORY DEGRAFFENREID conducted the
following audio digital recorded interviews:
SA 13-015
Investigator: L. Dawson Approved By:
Date of Report: 11/20/13 Date: 11/20/2013
Page 14 of 25
• Surgeon Doctor, UCIMC
• Registered Nurse, UCIMC
SUMMARY of EVENTS
During the course of this investigation, 7 interviews were conducted, and 167 additional
witnesses were contacted during the supplemental canvass interviews. After reviewing witness
statements, Santa Ana Police Department (SAPD) reports, Orange Police Department (OPD)
reports, laboratory and identification reports, autopsy reports, incident scene digital images
and other relevant reports and materials, the following summary of events was developed as a
result of this investigation:
On June 20, 2013, at approximately 1532 hours, OPD officers were dispatched to 2014
East Palmyra, in the city of Orange, regarding an armed female suspect involved in a shooting.
When the officers arrived on scene, they discovered victim was shot 3 times
in the back with a .38 caliber revolver handgun. was transported to the hospital,
where she died from multiple gunshot wounds. OPD investigated the case and identified
ex-girlfriend, JESSICA GONZALEZ, as the suspect in the homicide. OPD detectives
were unable to locate GONZALEZ and obtained an arrest warrant for her, under court case
#13CF2017.
On June 23, 2013, at approximately 0530 hours, SAPD day shift patrol officers, including
SAPD Officer GARY AYALA and SAPD Officer SAUL ESQUIVEL, had briefing. Prior to the start of
the work shift, AYALA was assigned call sign 185 and police vehicle #880. ESQUIVEL was
assigned call sign 186 and police vehicle #854. AYALA and ESQUIVEL were dressed in SAPD
police uniforms for their patrol shift.
SA 13-015
Investigator: L. Dawson Approved By:
Date of Report: 11/20/13 Date: 11/20/2013
Page 15 of 25
During roll call, SAPD Sergeant RAUL RIVERA briefed the officers regarding an Orange
Police Department “Wanted Person” for homicide. The bulletin identified JESSICA GONZALEZ
as the wanted person, and indicated she used a .38 caliber handgun during the commission of
the homicide. The “Wanted Person” bulletin was distributed to all SAPD patrol officers.
At approximately 0800 hours, AYALA and ESQUIVEL conducted a patrol check in the 800
block of South Townsend Street, city of Santa Ana. The patrol check was in reference to a
possible gang related stabbing that occurred a few days earlier. AYALA drove southbound in
the east alley of South Townsend Street, while ESQUIVEL drove southbound on South
Townsend Street.
During the patrol check, AYALA observed an opened garage on the west side of the alley
that faced north, later identified as 805 South Townsend Street, garage #1. There were two
males and two females inside the garage. There were beer cans and tagging inside the garage.
AYALA believed the subjects were “parolee-type subjects,” and possibly Townsend Street gang
members. As AYALA drove southbound past garage #1, a male Hispanic, bald head with baggy
clothing, waved at AYALA. AYALA met with ESQUIVEL at the end of the alley at McFadden
Avenue to discuss the subjects in garage #1.
AYALA and ESQUIVEL decided to return to 805 South Townsend Street, garage #1 to
contact the four subjects. AYALA drove northbound in the alley and ESQUIVEL drove behind
AYALA. AYALA and ESQUIVEL located garage #1, and AYALA parked his police vehicle (#880) on
the east side of the alley, facing northbound, slightly north of garage #1. ESQUIVEL parked his
police vehicle (#854) directly behind AYALA’S police vehicle.
SA 13-015
Investigator: L. Dawson Approved By:
Date of Report: 11/20/13 Date: 11/20/2013
Page 16 of 25
AYALA and ESQUIVEL exited their patrol vehicles. AYALA walked southwest towards the
front of garage #1, while ESQUIVEL walked westbound to the east wall of garage #1, and then
proceeded northbound along the east wall. As AYALA approached garage #1, he only had a
partial view of the northwest corner of the garage. At this time, AYALA observed a female
subject that he immediately recognized as JESSICA GONZALEZ exit the garage. GONZALEZ was
standing in front of garage #1, approximately 5-10 feet away from AYALA, facing AYALA, and
there was no cover or concealment between them. GONZALEZ was holding a “silver, greyish,
semiautomatic pistol” in her right hand. GONZALEZ held the handgun in front of her body and
pointed it up towards the sky. AYALA knew from the Wanted Bulletin that GONZALEZ killed her
girlfriend with a gun. AYALA feared that GONZALEZ was going to shoot and kill him. AYALA
moved to a position of cover along the east wall of garage #1 and yelled, “Gun.” AYALA
withdrew his department issued handgun from the holster with his right hand, and began
shooting at the east wall of garage #1. AYALA believed that shooting at the east wall would
provide cover fire for him while he ran southeast across the alley towards ESQUIVEL’S police
vehicle (#854).
As AYALA ran towards ESQUIVEL’S vehicle, he observed GONZALEZ run east from garage
#1 to the alley. AYALA began to hear gunshots, and he did not know if GONZALEZ was shooting
at him. AYALA arrived at the rear of ESQUIVEL’S police vehicle and observed GONZALEZ fall
face down on the ground. At this time, AYALA could not see the “silver, greyish, semiautomatic
pistol.” GONZALEZ then reached with her left hand towards the front of her body, which was
on the ground. AYALA believed GONZALEZ was retrieving the handgun from under her body,
and he yelled, “She’s reaching for a gun.” AYALA fired 2 additional rounds at GONZALEZ
SA 13-015
Investigator: L. Dawson Approved By:
Date of Report: 11/20/13 Date: 11/20/2013
Page 17 of 25
because he believed she was going to stand up and shoot him. AYALA fired a total of 8 rounds
during the incident.
While ESQUIVEL walked northbound along the east wall of garage #1, he observed
AYALA approximately 15 feet north of him run eastbound towards the front of AYALA’S police
vehicle (#880). AYALA yelled, “Gun, gun, gun, gun,” and AYALA fired multiple rounds towards
the front of garage #1. ESQUIVEL believed that AYALA was encountering a life threatening
incident because of the high pitched tone in AYALA’S voice. ESQUIVEL then observed
GONZALEZ run eastbound across the alley to within 5 feet of AYALA. ESQUIVEL believed that
GONZALEZ was going to engage AYALA in a gun fight. ESQUIVEL did not see GONZALEZ armed
with a gun, but he believed that AYALA had seen something that was a threat to him. ESQUIVEL
stated, “I’ve known GARY for couple a years now, never heard GARY scream the way he was or
yell the way he yelled. He was shooting, yelling gun, and I see her, so based on what I gathered
from what was going on with my partner at that time, um, I decided to use lethal force against
the female.” ESQUIVEL believed that GONZALEZ would kill AYALA if he did not shoot her.
ESQUIVEL immediately withdrew his department issued handgun from the holster and fired 12
rounds at GONZALEZ. GONZALEZ fell to the ground and ESQUIVEL retreated southbound in the
alley to the rear of his police vehicle. ESQUIVEL then observed AYALA standing next to him at
the rear of his police vehicle.
After AYALA and ESQUIVEL fired their handguns, the male Hispanic subject with a bald
head peaked out from garage #1, and looked at AYALA and ESQUIVEL, and went back in the
garage. AYALA and ESQUIVEL believed the other subjects from garage #1 were going to shoot
at them so they retreated southbound and took a position of cover next to garages, located on
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the west side of the alley and south of garage #1. AYALA and ESQUIVEL broadcasted on the
police radio they were involved in a shooting incident and requested paramedics to respond to
the scene.
A short time later, SAPD officers arrived on scene to assist AYALA and ESQUIVEL. SAPD
officers approached the scene from the east side of the alley. GONZALEZ was prone in the alley
with her head facing east and her feet facing west. GONZALEZ’S right hand was under her chest
area. ESQUIVEL handcuffed GONZALEZ and he observed a greyish replica handgun without an
orange tip under her body. SAPD officers searched the immediate area and were unable to
locate the subjects in garage #1.
At approximately 0811 hours, the following Orange County Fire Authority (OCFA) Engine
73 personnel were dispatched to the shooting incident:
• BARYIC HUNTER Captain
• MICAH MCALLISTER Paramedic
• RICH AGUILAR Engineer
• BRIAN HSIEH Firefighter
At approximately 0814 hours, OCFA Engine 73 arrived on scene and parked in the alley
on the east side of 800 South Townsend Street. OCFA Paramedic MICAH MCALLISTER observed
GONZALEZ lying prone in the center of the alley with her hands handcuffed behind her back.
GONZALEZ was lying in “a pool of blood,” she was not breathing, she had no pulse, and she was
unresponsive. MCALLISTER directed officers to unhandcuff GONZALEZ. MCALLISTER removed
GONZALEZ’S shirt and observed a gunshot exit wound on her back. MCALLISTER turned
GONZALEZ onto her back and a bullet fell from her body to the ground. MCALLISTER cut
GONZALEZ’S clothing and observed the following gunshot wounds on her body:
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• Left chest
• Right chest, right side of breast
• Right bicep
• Right inner elbow
GONZALEZ had a syringe concealed between her bra and breast. The syringe appeared to be
filled with blood.
MCALLISTER directed OCFA Firefighter BRIAN HSIEH and OCFA Engineer RICH AGUILAR
to begin Cardio Pulmonary Resuscitation (CPR). MCALLISTER placed GONZALEZ on a heart
monitor and noted that she had electrical activity with no pulse. MCALLISTER was unable to
establish an intravenous (IV) line in GONZALEZ’S arms because she had heavy scarring.
At approximately 0820 hours, GONZALEZ’S condition continued to deteriorate. She had
no electrical activity in her heart, excessive bleeding, no respirations, no heart sounds and her
eyes were fixed and dilated. Due to GONZALEZ’S condition, MCALLISTER was going to
pronounce her deceased, but Western Medical Center - Santa Ana (WMC-SA) directed OCFA
Captain BARYIC HUNTER to continue treating GONZALEZ and transport her to University of
California, Irvine - Medical Center (UCIMC), located at 101 The City Drive South, Orange. HSIEH
and AGUILAR resumed CPR, and MCALLISTER inserted an IV line in GONZALEZ’S left tibia.
MCALLISTER administered the following medications intravenously:
• Normal Saline
• Epinephrine
At approximately 0840 hours, Care Ambulance transported GONZALEZ and MCALLISTER
to UCIMC. During the transport, GONZALEZ did not regain electrical activity in her heart.
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At approximately 0850 hours, GONZALEZ arrived at UCIMC Emergency Room and she
was released to UCIMC Emergency Room personnel.
UCIMC Trauma Surgeon observed GONZALEZ was asystole, with
approximately five gunshot wounds in the following locations: mid back, left scapula area, right
scapula area, right bicep and left breast.
was unsure when GONZALEZ had lost a pulse, so he performed an anterior
lateral left side thoracotomy to observe the heart. At the same time, a chest tube was placed
into GONZALEZ’S right side, in case her lung had collapsed. opened the pericardium and
noted that there appeared to be a wound to the left ventricle and there was no cardiac motion.
pronounced GONZALEZ deceased at 0855 hours.
did not administer any medications to GONZALEZ during the course of
treatment. According to the paramedics reported that GONZALEZ was in asystole at
0820 hours. GONZALEZ arrived at the emergency room at 0850 hours. In professional
opinion, thirty minutes without a pulse was not survivable.
On June 26, 2013, at approximately 0900 hours, I attended the post mortem
examination of JESSICA GONZALEZ at the Orange County Sheriff-Coroner Division, located at
1071 West Santa Ana Boulevard, Santa Ana. Prior to the autopsy, I met with all involved
personnel to discuss the circumstances surrounding GONZALEZ’S death. The following
personnel attended the meeting and autopsy:
• ETOI DAVENPORT Forensic Pathologist
• FELICIA BURKE Orange County Sheriff’s Forensic Scientist
• AIDE SAHAGUN Orange County Sheriff’s Forensic Specialist
• ALANA HOESCH Orange County Forensic Assistant
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• JULIAN RODRIGUEZ Santa Ana Police Department
At approximately 0908 hours, the autopsy was conducted by Doctor ETOI DAVENPORT.
Orange County Sheriff’s Forensic Specialist AIDE SAHAGUN took digital images of the autopsy,
while Orange County Sheriff’s Forensic Scientist FELICIA BURKE collected the physical evidence
under FR# 13-48764.
I observed a white body bag which was sealed with a Coroner’s body tag. GONZALEZ’S
body was removed from the bag. Once the bag was removed, I observed the following on the
body:
• Two (2) Coroner toe tags on the right big toe
• Both hands were bagged
• An Electro Cardiogram (EKG) pad attached to the chest
• An EKG pad attached to the upper left arm
• An EKG pad attached to lower left abdomen
• Endotracheal (ET) Tube inserted in the mouth, with white tape wrapped around the face
to secure the ET tube
• Forceps clamped on the ET tube
• Chest tube inserted in the right side of the chest
• Multiple apparent bruises on the left leg and the right leg
• Catheter inserted in the left shin bone, below the knee cap
• Large incision below the left breast, extending from the sternum to the left side of the
chest
• White tube inserted into the incision and connected to the left index finger
• One (1) gunshot entry wound to the right forearm
• One (1) gunshot entry wound to the top right bicep
• One (1) gunshot exit wound to the inner right bicep
• One (1) gunshot entry wound to the right armpit
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• One (1) gunshot entry wound to upper right back, through tattoo
• One (1) gunshot exit wound to left breast, below nipple
• One (1) gunshot entry wound to upper left back
• One (1) gunshot exit wound to lower right back
• One (1) grazing wound to lower left back
• Tattoo of an unknown picture on upper right back
• Tattoo of “Mi Vieja Aurora” on center of upper back
During the autopsy, Doctor DAVENPORT made the following observations in relation to
the gunshot entry wound to the right forearm:
• The wound proceeded from the right forearm and struck the bone. The bullet
fragmented and she was unable to recover any fragments.
During the autopsy, Doctor DAVENPORT made the following observations in relation to
the gunshot entry wound to the top right bicep:
• The wound proceeded from the top right bicep, exited the inner right bicep, entered the
right armpit area, and proceeded from the right chest cavity through the right lung,
lodging in the spine.
During the autopsy, Doctor DAVENPORT made the following observations in relation to
the gunshot entry wound to the upper right back, through the picture tattoo:
• The wound was through and through, proceeding from the upper right back, through
the right lung, grazed the heart, through the left lung and exited the left breast.
During the autopsy, Doctor DAVENPORT made the following observations in relation to
the gunshot wound to the upper left back:
• The wound was through and through, proceeding from the upper left back, through the
left chest cavity, left lung, diaphragm, spine, and exited the lower right back.
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During the autopsy, Doctor DAVENPORT removed the following evidence from the body:
• Projectile fragments were removed from the left chest cavity
During the autopsy, HOESCH removed the following evidence from the body:
• One (1) projectile was removed from the spine
• Projectile fragments were removed from the spine
DAVENPORT also noted the following observations:
• Scars on the lower legs
• No signs of altercation
Following the autopsy, DAVENPORT concluded the cause of death was multiple gunshot
wounds.
EVIDENCE ANALYSIS
Toxicological Examination:
A toxicological examination of GONZALEZ’S postmortem blood was included in the
autopsy. The toxicological examination detected the following drugs:
DRUG MATRIX RESULT
Firearms Examination:
The following firearms were test fired and found to operate without malfunction:
SAPD Officer SAUL ESQUIVEL’S firearm:
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• Glock Model 21 pistol, .45 caliber, Serial #HAY924
SAPD Officer GARY AYALA’S firearm:
• Glock Model 22 pistol, .40 caliber, Serial #LXN640
Cartridge Casings Examination:
• Twelve cartridge cases from the scene (EM1 to EM9, EM15 to EM17) were determined
to have been fired in ESQUIVEL’S firearm.
• Eight cartridge cases from the scene (EM10 to EM12, EM14, EM24, EM27, EM31, EM34)
were determined to have been fired in AYALA’S firearm.
Projectile Examination:
The jacket from EM37 and the bullets from EM32, EM38, EM40 and Evidence Tag (ET)-N
all share class characteristics with ESQUIVEL’S firearm. Microscopic comparisons were not
done at this time.
The bullet from the White Shirt, recovered from the hospital, and the jacket from EM28
share class characteristics with AYALA’S firearm. The bullet from EM18 and the jacket
fragments from GONZALEZ’S left chest, EM21, EM23, EM29, EM35 and ET-F all share features
that are similar to the cartridges received from AYALA’S firearm and features that are dissimilar
to the cartridges received with ESQUIVEL’S firearm. Microscopic comparisons were not done at
this time.
The remaining projectiles lacked marks suitable for classification or comparison.
BACKGROUND INFORMATION
GONZALEZ’S California Criminal History dated back to 1998. She had been previously
arrested for the following charges:
•
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•