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HomeMy WebLinkAboutOIS2013.007_Int of SAPD Jessica GUIDRY_redacted SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 1 of 28 CASE NAME: ARELLANO, HANS KEVIN CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL) INTERVIEW OF: JESSICA GUIDRY, POLICE OFFICER SANTA ANA POLICE DEPARTMENT PRESENT: PATRICIA NAVARRO, DETECTIVE SANTA ANA POLICE DEPARTMENT ANDY ALVAREZ, DETECTIVE SANTA ANA POLICE DEPARTMENT DATE AND TIME: AUGUST 14, 2013 1112 – 1142 HOURS LOCATION: SANTA ANA POLICE DEPARTMENT On August 14, 2013, at approximately 1112 hours, I conducted an audio digital recorded interview of Santa Ana Police Department (SAPD) Police Officer JESSICA GUIDRY regarding the SAPD officer involved shooting related to KEVIN HANS ARELLANO. The following is a transcript of the interview: [BEGINNING OF INTERVIEW] WOOD: Okay. Today’s date is August 14, 2013, time is 11:12 a.m. This is Investigator ED WOOD, Orange County DA’s Office. This’ll be a interview with Officer JESSICA GUIDRY, uh, this’ll be Special Assignment Case Number 13-017, uh, regarding incident, OIS incident that took place Tuesday, July 30, 2013, at approximately ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION INTERVIEW REPORT SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 2 of 28 1500 hours, 622 South Harbor, City of Santa Ana. And I’ll let-, JESSICA I’ll let you make introduction first. Go ahead and just spell you name, say your name. GUIDRY: Oh, I’m JESSICA GUIDRY. WOOD: Santa Ana PD? GUIDRY: And I work for the Santa Ana Police Department. : , attorney for the Officer. WOOD: Thank you. ALVAREZ: Corporal ANDY ALVAREZ, uh, Santa Ana PD, Homicide Unit. WOOD: Thank you. NAVARRO: Detective PATTY NAVARRO Santa Ana PD, Homicide Unit. WOOD: Great, thank you. Okay, and, uh, uh, JE-, JESSICA I’ll ask you a few questions first and, uh, the first one is, is this a free and voluntary statement? GUIDRY: Yes. WOOD: Okay. : Just so th-, yo-, we didn’t talk to her off the record. Uh, he has actually been ordered as part of the IA process, um, not to give a statement. We believe this would fall within one of the exceptions to that order. Um, sa-, and we’re proceeding accordingly so that we’re not being insubordinate. WOOD: Okay. SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 3 of 28 : Under the administrative case. WOOD: So as a POA Attorney you’re, you’re, you’re allowing her to give a voluntary statement to our office? : I, I don’t represent the POA. I just represent the Officer. WOOD: I’m sorry the Officer? : Yes WOOD: Okay. Thank you. Okay, has anyone-, so has anyone from your agency ordered you to give a statement? GUIDRY: No. WOOD: No. Okay. And do you feel compelled to give a statement because the District Attorney’s office is involved? GUIDRY: Yes. WOOD: You do? GUIDRY: Uh-huh. WOOD: You feel compelled? GUIDRY: Um, otherwise I’d be Grand Juried (BACKGROUND NOISE). Yeah. WOOD: Well then, um, I need to ensure that this statement is voluntary and not compelled or I’m not gonna take a statement at this time from you. GUIDRY: It’s voluntary. Yeah. I wanna, I just wanna get it over and done with. SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 4 of 28 WOOD: Hmm, okay. So, you’re, you, you’re at this time you’re giving a voluntary statement to this office? GUIDRY: Yeah. : Right. WOOD: Okay. I sa-, I just need to clarify it I’m not trying to be argumentative with you at all. Um, okay. Well let’s get into your assignment, uh, JESSICA. How long you been in your, in your current assignment? GUIDRY: I been, uh, a patrol officer (BACKGROUND NOISE) for approximately 13 years, with the Santa Ana Police Department. WOOD: Okay. How long have you been with the Santa Ana PD? GUIDRY: Approximately 11 years. WOOD: Okay. Have you worked for any other agencies? GUIDRY: Yes. I have worked for Realto Police Department for approximately two and a half years prior to coming to Santa Ana Police Department. WOOD: Okay. Okay. And, um, so this incident occurred on the 30th, so two weeks ago, uh, do you recall what, uh, shift you were working, uh, back on the-, on July 30th? GUIDRY: Yes. I was working Day Watch and I was assigned to the West End. WOOD: Day Watch? GUIDRY: Yes. SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 5 of 28 WOOD: West? Okay. And do you recall what time your shift started? GUIDRY: Yes. My shift started at 5:30 in the morning. WOOD: And how were you-, if you could just go into how you were dressed as far as your uniform. (BACKGROUND NOISE). GUIDRY: I was wearing a, a Class C uniform, um, had it-, Santa Ana Police Department patches on both, both my shoulders. Had a-, my sam brown which included my fire arm, Taser, two magazines of ammo, handcuff holder, a baton ring, (BACKGROUND NOISE) uh, key holder and that’s it. WOOD: Okay. : You had photos taken, uh, of you in the uniform that night, correct? GUIDRY: Yes. WOOD: Yeah. CSI I think took photos of you th-, that, that evening or whatever? GUIDRY: That evening. Yes. WOOD: And let’s go into your duty weapon. If you could describe your weapon, duty weapon. GUIDRY: It’s a Glock 21, it’s a 45 caliber, semiautomatic. WOOD: And how is that carried? GUIDRY: That’s carried on the-, on my right side of my hip. WOOD: Okay. And describe your magazines, please. SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 6 of 28 GUIDRY: My magazines. I have two magazine pouch holders that are on my left of my gun belt. Closer to the-, my front. WOOD: And do you know how many rounds are in each magazine? GUIDRY: Each magazine holds 13 rounds each. WOOD: Okay. What type of rounds do you carry? GUIDRY: It’s, um…Winc-, I believe they’re Winchester and they’re head stamped 230 grain, hollow points. WOOD: Okay. Uh, did you check your gun before you went 10-8 or in service, or before you went out? GUIDRY: No. WOOD: Okay. Did you carry a backup weapon? GUIDRY: No, I didn’t. WOOD: And you’re right handed? GUIDRY: I’m left handed. WOOD: Oh, I’m sorry. You’re left handed. GUIDRY: But I’m amb-, I’m ambidextrous. WOOD: Oh, you’re ambidextrous? GUIDRY: Uh-huh. WOOD: Okay. Do you ter-, did you carry a tape recorder? SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 7 of 28 GUIDRY: No. WOOD: Did you have a Taser with you? GUIDRY: Yes, I did. WOOD: Was it deployed? GUIDRY: No. (BACKGROUND NOISE). WOOD: Um, just-, do you know what the model number Taser you had? GUIDRY: It’s the, um, X26. WOOD: Okay. Okay. And le-, let’s go into your vehicle, um, you know, describe your vehicle, unit number, call sign, that kinda thing. GUIDRY: Uh, I was driving a marked black and white, uh, lights and sirens, patrol vehicle, um, unit number 836, that’s my assigned, uh, patrol vehicle. WOOD: Okay. And what was your call sign? GUIDRY: Uh, my call sign was 124. WOOD: Uh, one officer or two officer unit? GUIDRY: One man. : One woman. GUIDRY: One woman. (LAUGHS). WOOD: (LAUGHS). You were the driver then. Uh, any weapons in the vehicle? GUIDRY: Yes. SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 8 of 28 WOOD: Go ahead and just… GUIDRY: There’s, uh, Remington 870 shotgun in the, um, shotgun rack. WOOD: 12 gauge? GUIDRY: Yes. 12 gauge. WOOD: Okay. Anything else as far as any other weapons? Tha-… GUIDRY: There was, um, my baton. WOOD: Yeah. Okay. No other fire arms though? GUIDRY: No. WOOD: Okay. Is there a recorder in the vehicle? GUIDRY: No. WOOD: Do you know if any of your department vehicles have recorders? GUIDRY: Yes. WOOD: Some do? Some don’t? Or…? GUIDRY: Yes. I believe supervisor’s vehicles do. WOOD: Oh, okay. Okay. At this time I’m just gonna (BACKGROUND NOISE) have you go into the incident, um, itself and, uh, just go through it the best you can with, you know, detail as possible and chronologically and I’ll just let you go and then, uh, if there’s any clarifying questions we’ll, I’ll ask you those at the end. (BACKGROUND NOISE). SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 9 of 28 GUIDRY: Okay. Well basically on July 30th, about 3:00 p.m. I was headed to the station. I hear (BACKGROUND NOISE) my partner CHAVEZ requesting backup. He’s indicating on his radio transmission I’m out with a 415 subject, 5150, possibly under the influence. And I could hear, um, CHAVEZ trying to give his location and I could hear, um, a subject in the background yelling, arguing, um, STEVE gives out Harbor but doesn’t give the exact hundred block. Um, dis-, dispatch gets on the radio and asks him again, uh, 123, 10-9, like repeat, repeat. He basically, um, gives another transmission, I’m out with a 415 subject possibly 5150, under the influence, and I could hear the su-, the subject in the background close to STEVE, arguing I can’t really make out what he’s saying, but it do-, he sounds pretty argumentative with him. At this, at this point I’m at 5th, the area of 5th and Fairview. I advise dispatch, I’ll be enroute. I’m lookin’ at my unit AVL and I could kinda estimate that he’s at 200, 200 South Harbor. I advise dispatch I’m in route to 200 South Harbor. Um, dispatch asks a third time to, uh, CHAVEZ, 10-9, he’s on the radio, his voice sounds stressed, his, uh, transmission is broken he’s indicating he’s out with a 415 subject, I’m at Harbor, you cou-, I could hear the subject in the background arguing, yelling, um, so I’m heading ov-, I’m heading west bound on, uh, 5th street. Some on the ra-, someone gets on the radio and says he said 600 South Harbor, MacDonald’s parking lot. So I start heading to MacDonald’s parking lot which at Harbor and McFadden. Head, uh, west bound on 5th street, south on Harbor, once I get to the MacDonald’s parking lot, (BACKGROUND NOISE) I’m looking for CHAVEZ’S patrol vehicle. Looking for his vehicle, I can’t see it. I look fo-, I’m looking for him, I don’t see him, so I’m, as I’m tryin’ to look for where my partners at, he get me on green two. Um, CHAVEZ goes, hey, he just split from me, he’s SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 10 of 28 southbound through the parking lot towards McFadden. And he advises it’s a male Hispanic wearing dark clothing. I see a guy that meets the description to, to what CHAVEZ sa-, advised me. He’s, he’s not running he’s just on the, uh, north sidewalk, sor-, I’m looking where, wher-, I’m wondering where, where’s CHAVEZ’S is at. Um, so I start preparing to make a U-turn. As I look to see where this subject male Hispanic with dark clothing goes to he goes from the south, um, curb line of McFadden, he watches me make a U-turn and, and he bolts on a full sp-, sprint back, uh, northbound into the MacDonald’s parking lot. I make a quick U-turn over the center medium (SIC), and get back into the parking lot I could see him, um, the subject is, is fast, he’s hyper, he’s zigzagging through the vehicles, and this is a pretty, uh, congested parking lot. And there’s, there’s no fear of vehicles hitting him at all. He’s just zigzagging through, he’s looking back he sees my car and sees that I’m pretty close following him in a easterly, uh, northbound direction. Um, as he starts getting to the east shopping center of the wall, that’s when I advise dispatch (BACKGROUND NOISE) I need a code three follow. I, I know that if, once I make contact with guy, by myself, this guy’s gonna, you kn-, he’s possibly under the influence, and he’s gonna be a violent contact. So, as he’s goin’ up northbound on the eastside of the shopping center he makes a quick left which is west. I’m, I’m pretty close behind him, I stop my vehicle right at the corner of that shopping center and I, I pretty much assume he’s entered the first door that’s open. I’m pretty sure that he’s gone into the Jugo’s, um, Juice Bar. He’s not ru-, I don’t see him running northbound through the front of the complex so that’s when I got in my car and I come to the front door of the business. As I get to the front of the-, door of the business, um, I, I have my, I’m-, have my hand on my gun, I don’t know why SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 11 of 28 this guys’ running. He possibly committed a crime and, um, he hasn’t been searched. So, if I may, um, I’d like to stand up… WOOD: Uh-huh. GUIDRY: …and demonstrate? WOOD: Sure. GUIDRY: Okay. So this is, this is the doorway right here and you’re gonna-, you’re the suspect. WOOD: Okay. GUIDRY: So you’re there. I’m coming through-, I’m coming from this angle and I could see the right side of, of the business. I already have my gun in my hand, I’m looking to my right. Okay, I don’t see him. So I start scanning to the left. Once I checked to the left, okay, here’s, here’s the doorway, so I’m pretty-, here’s the doorway right-, this is the door right here. So I’m here as I get to my left he’s right there. He is like seven feet in front of me. I order him, I told him stop, let me see your hands and his first thing, he says is “fuck you, fuck you,” and he’s advancing towards me… WOOD: Okay. GUIDRY: …Okay. He’s advance toward me, he’s, he’s aggressive, he’s angry, and I’m, I’m backin’ up. I backed up keeping my eye on him and he’s still-, none of the commands I’m giving him, (BACKGROUND NOISE) he’s, he’s not complying. He’s continuing, once he hits the door (PHONE RINGS) frame, I realize that he doesn’t take the opportunity to, to flee again. SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 12 of 28 WOOD: Uh-huh. GUIDRY: He’s, he’s advancing towards me. Now he is basically-, he-, I feel that he’s now coming at me to hurt me. And he has his hands gripped they’re firm, they’re a grabbing motion out to him. And I’m fearing that he’s, he’s (BACKGROUND NOISE) gonna grab my gun, and if he grabs my gun, I’m gonna be in a fight for my life. WOOD: Okay. Right. GUIDRY: Basically, and I fear he’s gonna power me. WOOD: Uh-huh. GUIDRY: Based on his, his build (SIC), his, his state of mind. I’m-, possibly under the influence of, of meth, is what it looked like to me. WOOD: Uh-huh. GUIDRY: And he would-, if he gained control of my gun there’s a possibility that he would against-, the gun against me and shoot me. WOOD: Uh-huh. GUIDRY: And I used-, and that’s when I pulled, I pulled the trigger. I pulled the trigger to stop him. WOOD: Okay. And how many times to you fire? GUIDRY: Once. One time. WOOD: Okay. After you fired what happened? SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 13 of 28 GUIDRY: Once I fired, he, he stopped (BACKGROUND NOISE). Um, no more forced was used against him, he stopped, um, blood came out of his mouth, he dropped to his knees and then he fell face-flat on the, on the pavement. WOOD: (PAUSE). Um, do you know-, do you recall where CHAVEZ was at the time? GUIDRY: I was, I was by myself, after the subject fell to the ground, um, CHAVEZ arrived a couple seconds after. WOOD: Okay. So he didn’t witness it? (BACKGROUND NOISE). GUIDRY: Huh-uh. WOOD: Um, wh-, what happened then? Did you… GUIDRY: After, after… WOOD: …wha-… GUIDRY: …um, I radioed… WOOD: …after he fell he dropped you said. GUIDRY: Yes. I radioed dispatch that I was involved in a 998… WOOD: Okay. GUIDRY: …um, I’ll need medics for a male down, um, I went into the business checked to see if people okay, um, there was some people in-, by the kitchen who were, who were screaming and they were just, yeah, crying. So everyone inside was okay. WOOD: Okay. So you stood with the subject till medics rolled in? SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 14 of 28 GUIDRY: Yes. WOOD: Okay. And then eventually, I would assume you were taken back to the PD… GUIDRY: The station. Yeah. WOOD: …the PD? GUIDRY: Uh-huh. WOOD: Okay. Okay. Um, what were some of the commands if you recall that you gave him? If you recall. GUIDRY: When I… WOOD: …if you recall. GUIDRY: When I first, when I saw him, and he saw me the first time I told him to stop, let me see your hands. WOOD: Okay. GUIDRY: And… WOOD: What did he do at that point? GUIDRY: He-, his-, think he advanced towards me he said “fuck you, shoot me,” and he just continued to advance in a-, basically ready to fight. Attack mode. WOOD: Okay. GUIDRY: Um, once he passed the door frame of the business, I’m ordering get on the ground, get on the ground. And, and that, um… SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 15 of 28 WOOD: And he wasn’t obeying any of those commands. Is that correct? GUIDRY: No he-, na-, nothing I had him do, he did not comply with any of those orders. WOOD: Okay. Did he-, did you recall if had anything, did you see anything in his hands, or any weapons or anything like that at all, or? GUIDRY: No. WOOD: Okay. (PAUSE). GUIDRY: I just remember that, that his hands were his hit weapons. I mean he could of… WOOD: Okay. GUIDRY: …he was so, um, when I first saw him he was already at about seven feet. And he’s closing that gap. So he’s already dangerously close to me, and, uh, gaining (BACKGROUND NOISE) that distance on me. WOOD: When you first saw him till the time you fired, how long was it do you think? GUIDRY: Two seconds, or, three seconds. It was, it was fast. WOOD: Okay. And describe your physical, your size and weight real quick. : Oh, never ask a woman her weight. GUIDRY: I…(LAUGHS) WOOD: Yeah. (LAUGHS). For this we will (LAUGHING). GUIDRY: I’m 5’7”, 140. WOOD: Okay. What do think he was again? SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 16 of 28 GUIDRY: Um, I believed he was about 5’7” and probably 180. WOOD: Okay. Okay. GUIDRY: He, he was wearing, um, bag clothing, so I really couldn’t tell. WOOD: Okay. He was? GUIDRY: So-, but he was a larger frame than, than me. WOOD: Uh-huh. Wh-, when you first saw him, when you went-, when you were in the area, when you heard CHAVEZ calling it out and you went-, you started westbound 5th you said? GUIDRY: Yes. WOOD: And then you made your way down? GUIDRY: Southbound Harbor. WOOD: Southbound Harbor? And then you went fro-, to where? To McFa… GUIDRY: I went into, uh, the parking lot of the MacDonald’s off the, uh… WOOD: Uh-huh. GUIDRY: …the Harbor, um, driveway entrance. WOOD: Oh, okay. GUIDRY: There’s a, there’s a…. WOOD: Okay. GUIDRY: …there’s a entrance on Harbor. SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 17 of 28 WOOD: Right. GUIDRY: So I went into that sam-, into that driveway. And I’m traveling west and then south. WOOD: Okay. And then when, when did you first pick him up again? GUIDRY: He, he was at the north side walk of McFadden. WOOD: The north side walk of McFadden? GUIDRY: Yes. WOOD: And then what di-, you maneuvered your vehicle to keep an eye on him at that point or? GUIDRY: I was, I was gonna go west on McFadden, but I’m like where’s STEVE I wanna know where STEVE’S at… WOOD: Uh-huh. GUIDRY: …so, I, I asked are you in, at MacDonald’s on green two, and he, he didn’t respond. So my main thing was, where is he at. WOOD: Uh-huh. GUIDRY: And as soon as I make a U turn and I see the guy he sees me, and he’s running back the, the other way. So I’m like this, this is the guy. WOOD: Okay. Yeah. And did you lose sight of him at all? GUIDRY: When I made the U-turn? SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 18 of 28 WOOD: Yes. GUIDRY: No. He was, he was, uh, it was pretty fast and close. WOOD: Okay. GUIDRY: I mean that U turn there’s an opening where you can go in that driveway. WOOD: Right. GUIDRY: So I, I was making a U-turn. WOOD: And where did you park your vehicle when you, when you came around to the… GUIDRY: To the front. WOOD: …Jugo’s? GUIDRY: It’s, um, pretty much a little off, off, uh, east of the entrance. WOOD: Uh-huh. GUIDRY: Kinda diagonal I believe. WOOD: Did you-, we-, were-, did you park facing the business, do you know? GUIDRY: No. It was in a, it was in a angle. It was not facing… WOOD: Oh, you were facing east? GUIDRY: I face-, I’m facing west. WOOD: Oh, you’re facing west? GUIDRY: My unit is facing west. SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 19 of 28 WOOD: Oh, I see. GUIDRY: I, I’m coming from… WOOD: So your driver’s side door opens to the, the Juice Shop? GUIDRY: Yes. WOOD: Oh, I see. And then you ex-, how far off the Juice Shop were you when you parked? How far out? GUIDRY: Uh, let’s see, maybe 20 feet I think. WOOD: Man that’s an asphalt parking lot there? GUIDRY: Yes. WOOD: Okay. And you said you knew-, did you watch him run into the Juice Shop? GUIDRY: No. But I did… WOOD: But you figured he was there? GUIDRY: I was right-, I was so close to him that he had to have gone in there… WOOD: Okay. GUIDRY: …because of he-, I would have seen him. It was just a clear shot… WOOD: Yeah. GUIDRY: …going, um, westbound. WOOD: Okay. SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 20 of 28 GUIDRY: If he continued running… WOOD: Okay. GUIDRY: …I would’ve seen that he would’ve went westbound but he just…*** (SPEAKING SIMULTANEOUSLY). WOOD: And then when you-, did you know-, did-, when did you first pick him up after you came into the parking lot, did you-, how did that-, I mean, did you get outta your car and go right to the Juice Shop? Were you lookin’ around for him or? GUIDRY: No. I just… : So she, she turns the corner of the Juice Shop, are you askin’ if she gets out there? WOOD: Yeah. : Okay. GUIDRY: As, as soon I get off the-, my unit, and it’s pretty much close to the Juice Shop’s front door, um, I, I just focused on… WOOD: You focused on the door? GUIDRY: …on the, on the first business with the open door. WOOD: With the open door? Okay. And that’s-, at the point where for-, ge-, you guys a confrontation, and, and you ended up engaging him there? GUIDRY: Yes. WOOD: Okay. Okay. Hmm. Did you sustain any injuries? SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 21 of 28 GUIDRY: No. WOOD: Anything else you can think of before I turn it over to your, your attorney or to these detectives? GUIDRY: Not that I can… WOOD: Like it-, if you like to add or change or anything? Somethin’ I didn’t ask you? Okay. GUIDRY: No. WOOD: I’ll give it at this time if you have anything ? : Uh, just to be clear, when you’re, when he’s advancing on you, um, as you describe did you give ground? Did you back up? GUIDRY: I did. I backed up. : Okay. And was that out of fear that he was gettin’ too close? GUIDRY: He was already-, he was close and he was advancing, um. WOOD: Okay. Thank you. Uh, ANDY? ALVAREZ: Actually PATTY. WOOD: Oh, PATTY I’m sorry. NAVARRO: Um, JESS can you talk to me a little bit about how you felt when he started coming towards you? What did-, what was some of the stuff going through your head (BACKGROUND NOISE) ? As he-, you said he had like clenched fists, SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 22 of 28 he looked aggressive. He wasn’t (BACKGROUND NOISE) obeying your commands how did you feel about it? GUIDRY: I, I felt that I wasn’t, I wasn’t dealing with a normal subject, he was, he was either mentally unstable, and he was high on drugs. The way he acting he was tense, he was angry in a rage. Um, I felt that he wanted to hurt-, he wanted to hurt me, and what-, when he was reaching out with his hands his-, he had a gripping firm, um, motion towards me that I felt that he could’ve easily grabbed, grabbed ahold of my gun and then I, I would be in a fight for control of that gun. NAVARRO: Do you feel that his, his stature and just maybe his weight he might’ve been able to overpower you, or? GUIDRY: Oh, absolutely. Everything, um, his state of mind, his possibly being under the influence, his, his frame being, uh, larger than me, I felt he could’ve easily overpowered me and, and he would’ve shot me with my own gun if he had, um, control of it. ALVAREZ: JESS when you were, um, responding initially to, uh, to the call, uh, did you code three? GUIDRY: No. ALVAREZ: Um, uh, just so I’m real clear with the subject’s hands, uh, when you first, uh, contact him he’s about seven feet from you (BACKGROUND NOISE)? GUIDRY: Uh-huh. ALVAREZ: Um, clenched fists? SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 23 of 28 GUIDRY: No. ALVAREZ: His hands or? GUIDRY: No fist. They were, uh, more of a grab, grabbing, a grip. Gripping, grabbing, which, grabbing for my gun. ALVAREZ: Grab. So he was kinda open… GUIDRY: Yes. ALVAREZ: …but with maybe his fingers bent? Would I be correct in… GUIDRY: Yes. ALVAREZ: …in that? GUIDRY: Yeah. ALVAREZ: Um, were his arms stretched out towards you, or were they kinda down by his sides with his, uh, forearms parallel to the ground maybe? GUIDRY: They, they were mid-, they were not fully extended out, they were like midway. They were midway, um, and he’s walking and aggressively towards me. He’s just amped up, he’s just like I’m gonna grab you. ALVAREZ: Okay. So it-, so at a, at a low ready, uh, to kind of maybe, uh… GUIDRY: The next… ALVAREZ: *** show that we might understand? GUIDRY: As far as his, his hands… SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 24 of 28 ALVAREZ: His hands… GUIDRY: …his hands were… ALVAREZ: …his hands were at low ready? GUIDRY: Well low ready, they were like-, they were not, they were not here… ALVAREZ: Okay. GUIDRY: And the next thing would’ve been here. That’s… NAVARRO: You’re standing up and you’re demonstrating that your hands were past-, or his hands were kinda like at the mid… GUIDRY: Yeah. NAVARRO: …at the mid torso? At his mid torso? GUIDRY: Yes. NAVARRO: Ex-, extending… GUIDRY: Out. NAVARRO: …towards you, out towards you. GUIDRY: Out, out towards me. My, yeah, my immediate direction. ALVAREZ: So like it would’ve that next movement would’ve been really quick. GUIDRY: It would’ve been, it would’ve been the clo-, closest thing to him, which would’ve been my gun. SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 25 of 28 ALVAREZ: Okay. Um, ne-, next question, leads into my next question (BACKGROUND NOISE) would, um, did you have your weapon extended out in front you or were you kinda low ready, or with, with your body? GUIDRY: It, I had-, my hand-, I held my hand with both my hands and, and they were at, uh, aim ready to fire. I had the gun pointed at him and that was no effect on him. He did not fear he didn’t-, that didn’t get it. That didn’t even make him stop what he was doing. ALVAREZ: Were your arms stretched out? GUIDRY: Yes. ALVAREZ: Okay. How fa-, how close was your gun-, or did it, did it get to his hands as he was advancing towards you? GUIDRY: I, um, a, a few feet. ALVAREZ: Okay. Um, that-, who you said earlier it was about two seconds from the time you, you saw him to the time the shooting happened, um, so that includes the whole time you first see him, he closes that gap you’re backin’ up and then ther- , the shot was fired? GUIDRY: Yes. ALVAREZ: Okay. Um, so you’re backing up, you’re walking backwards, now in your-, is that correct? GUIDRY: I back-, yes. I’m-, as I’m backing up, um, I’m, I’m looking at him, I’m gonna turn back. I know I’m on a raised curb, I can’t back up anym-, I’m mean there’s only SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 26 of 28 so much I could back up, and he’s still advancing and I’m ordering him get on the ground, get on the ground. He’s not complying, he’s continuing in aggressive, you know, manner, and that’s the only-, I can only backup so much, otherwise, um, I’m not looking behind me I’m keeping my eyes straight in front of me at him. ALVAREZ: Um, we-, you know, we’ve all received training on our, on, on shooting and everything, and based on your time as a police officer and everything, um, have you ever heard that it’s, uh, you know, backing up when your weapon is out, walking backwards while your weapon is out pointed in front of you, you know, that’s not the best, uh, thing to do, that it, it, you know, it would, it might make it not a, uh, your shooting stance and everything as effective if you needed to use your weapon. Have you ever heard-, are you familiar with that concept? GUIDRY: No. No. ALVAREZ: No? GUIDRY: I just-, I’m-, my focus was him. He was, he was closing the gap, he, he was coming and I had to make a decision. ALVAREZ: Okay. GUIDRY: I, I co-, there was no room for hesitation. I couldn’t hesitate otherwise he, he would’ve, he would’ve been right on me and I would’ve been fighting for my weapon. ALVAREZ: Okay. And then there was this curb you mentioned that he continued backin’ up you could possibly lose your footing? SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 27 of 28 GUIDRY: Right. ALVAREZ: Okay. Um, and you felt that, um, this guy wanted, uh, engage you in a fight rather than runaway? GUIDRY: Right. Yeah. Um, once I saw that he didn’t take that opportunity, I, I knew. Okay. He’s-, he wants to hurt me, he wants to… ALVAREZ: So he an opportunity to actually… GUIDRY: He… ALVAREZ: …try to run away again? GUIDRY: …he, he-, once he hit-, he hit-, once he exit out, you know, he’s coming out the front of the, of the store, he could’ve fled the same way he came in. That was unblocked. He could’ve-, I was on, I was on the other side. ALVAREZ: Okay. GUIDRY: So it was open, and once he didn’t take it, that made me realize, okay, this, this guy is, you know, he’s, he wants to hurt me. ALVAREZ: So he had a clear avenue of escape but he… GUIDRY: If… ALVAREZ: …continued advancing on you? GUIDRY: …if, if he wanted to escape, yes. But he decided that he wanted to, to hurt. ALVAREZ: Okay. SA 13-017 Investigator: ED WOOD Approved By: Date of Report:08/29/2013 Date: 10/31/2013 Page 28 of 28 WOOD: Good? ? : Nothin’ else. WOOD: You? Okay. Okay, thank you very much JESSICA. The time of the end of the end of the interview will be 11:42 a.m., according to my watch. [END OF INTERVIEW]