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HomeMy WebLinkAbout19-05804 Supplemental Report (Ibarra Interview) (1)_RedactedPerson:District Attorney Investigator D. MELNYK Agency:OC District Attorney's Office Involvement:LEO Description:Male, Unknown Identification:Driver License: Address/Resides:401 W CIVIC CENTER DR, Santa Ana 92701 Address/Associated: Contact Info:Work: (714) 664-3966 Scars, Marks, Tattoos, Oddities: Person: Involvement:WITNESS Moniker, Association, Gang:, Member Description:Male, Hispanic DOB: Identification:Driver License: Address/Resides: Address/Associated: Contact Info:Cell: Cell: Scars, Marks, Tattoos, Oddities: Person:Staff Representative Frank FLAVIN Agency:Association of Orange County Deputy Sheriffs Involvement:LEO Description:Male, Unknown Identification:Driver License: Address/Resides:1600 N MAIN ST, Santa Ana 92701 Address/Associated: Contact Info:Work: (714) 285-2800 frank@aocds.org Scars, Marks, Tattoos, Oddities: Person:Legal Representative Jan CHRISTIE Agency:Association of Orange County Deputy Sheriffs Involvement:LEO Description:Female, Unknown Identification:Driver License: Address/Resides:1600 N MAIN ST, Santa Ana 92701 Address/Associated: Contact Info:Work: (714) 285-2800 jan@aocds.org Scars, Marks, Tattoos, Oddities: Santa Ana PD 2019-05804 Report by McLeod, Matthew 2770 3 of 6 Person:Oscar Penaloza ALVARADO Involvement:ARRESTEE 187(a) PC - MURDER (INC. NEGLIGENT MANSLAUGHTER) 186.22(b)(1) PC - COMMIT A FELONY BENEFITTING A CRIMINAL STREET GANG AKA/Alias/Nickname:Nickname: SMOKEY Moniker, Association, Gang:SMOKEY, Member with DELHI Description:Male, Hispanic DOB:5/16/1996 Identification:Driver License: CII Number: Social Security Number: Address/Resides: Scars, Marks, Tattoos, Oddities: Narrative: Narrative On 03/11/19, at approximately 2101 hours, an Officer Involved Shooting (OIS) occurred in the west alley of 1800 S. Evergreen Street, as located in the city of Santa Ana, CA. During investigation into this shooting, Santa Ana Police Department (SAPD) Crimes Against Persons (CAP) Gang Suppression Unit (GSU) Detective E. Solorio #3174 was identified as the shooting officer. Subsequent to the shooting, Oscar Alvarado, identified as the person having been struck by the detective(s) gunfire, was taken into custody for a violation of 664/187(a) PC ±Attempted Murder of a Peace Officer, as committed upon two (2) SAPD GSU Detectives: Detective Corporal D. Alcala #3226 and Detective G. Bodnar #3337 and investigated under the SAPD case number 19-05804. Subsequent to his arrest, Alvarado was transported to an area hospital for medical treatment. During investigation into the OIS, I was partnered with Orange County District Attorney Investigator (DA Inv) D. Melnyk and assigned Interviewing Duties. On 03/12/19, at approximately 0306 hours, DA Inv Melnyk and I conducted an interview with Orange County Probation Department (OCPD) Deputy Probation Officer (DPO) L. Ibarra #365 in regard to the aforementioned shooting. This interview, furthermore, was conducted within a conference room located within the SAPD Investigations Bureau (IB) and audio- recorded. Also present during this interview were Association of Orange County Deputy Sheriffs (AOCDS) Staff Representative F. Flavin and AOCDS Legal Representative J. Christie. Subsequent to the interview, a copy of said recording was retained by DA Inv. SAPD Personnel:McLeod, Matthew 2770 Involvement:Reporting SAPD Personnel:Solorio, Ernesto 3249 Involvement:Arresting SAPD Personnel:Martinez, Elias 3349 Involvement:Assisting SAPD Personnel:Rodriguez, Julian 2836 Involvement:Report Approver Santa Ana PD 2019-05804 Report by McLeod, Matthew 2770 4 of 6 Melnyk for posterity/evidentiary purposes. Below is a synopsis of the information provided by DPO Ibarra. For complete details in regard to his statements, please see the above indicated recording. It should be noted that prior to our interview with DPO Ibarra, and immediately after the OIS being investigated, he and his partner DPO, who was later identified as DPO C. Pinto #91, detained two (2) individuals, , who were later identified as witnesses to the shooting. Subsequent to this detention, furthermore, were taken into custody and later transported to the SAPD Station for interview. At the beginning of our interview, all parties present, as indicated above, identified themselves verbally. After confirming that all statements being made by him were of a free and voluntary nature, DPO Ibarra provided his work-related information, inclusive of his law enforcement history, and the following statements in regard to the crimes/OIS being investigated. DPO told us that on the date of the incident in question, at approximately 1200 hours, he began his regular duty assignment as a Gang Violence Task Force Gang Probation Officer, having been so assigned for the past nine (9) years. During the course of his gang suppression duties throughout the city of Santa Ana, CA, at approximately 2120 hours, DPO Ibarra and his partner DPO (DPO Pinto) responded to the Delhi Gang neighborhood in support of SAPD GSU personnel. As they entered the area, travelling southbound through the north-south alleyway associated with 1800 S. Standard Avenue and subsequently westbound on Occidental Street, DPO Ibarra heard a radio transmission from a partnering SAPD GSU unit occupied by two (2) detectives indicative of the fact that they (the detective unit) were entering the alleyway associated with Cedar Street and Evergreen Street. At this time, furthermore, DPO Ibarra believed that his vehicle was being followed by a secondary GSU unit occupied by two (2) additional detectives. While seated in the passenger seat of his assigned OCPD vehicle, DPO Ibarra observed the aforementioned GSU vehicle travel westbound on Occidental Street and continue northbound into the above-indicated alleyway. By mention of this two (2) detective GSU unit, I understood DPO Ibarra to be speaking of the vehicle occupied by Det. Cpl. Alcala and Det. Bodnar. In regard to the secondary GSU unit, I believed DPO Ibarra to be speaking of the vehicle occupied by SAPD GSU Det. E. Martinez #33349 and Det. Solorio. As Det. Cpl. Alcala and Det. Bodnar continued their northbound travel through the alleyway associated with 1800 S. Evergreen Street, DPO Ibarra directed DPO to travel northbound on Evergreen Street from Occidental Street in order to parallel the path of the aforementioned detectives. Once they (DPO¶s Ibarra and Pinto) reached the area of 1810 S. Evergreen Street, however, DPO Ibarra heard three (3) gunshots. Upon hearing this sound, DPO Ibarra directed DPO Pinto to halt the progress of their vehicle. As the two (2) DPO¶s began to reverse their vehicular travel, now proceeding southbound on Evergreen Street for a short distance, DPO Ibarra heard a radio transmission emanating from another GSU detective unit. This broadcast was an advisement that an armed suspect was fleeing the alleyway. At this time, DPO¶s Ibarra and Pinto exited their vehicle and proceeded, on foot, toward the courtyard area associated with 1814/1818 S. Evergreen Street. Prior to arriving at their destination, however, DPO Ibarra heard an additional four (4) gunshots. Once he reached the area of the first floor landing associated with the stairwell of 1814 S. Santa Ana PD 2019-05804 Report by McLeod, Matthew 2770 5 of 6 Evergreen Street, DPO Ibarra encountered a male Hispanic who appeared to be a gang member. Upon contacting this individual, DPO Ibarra detained him at gunpoint in front of the residence. By mention of this person, I believed DPO Ibarra to be speaking of . As he did so, furthermore, DPO Ibarra observed DPO Pinto detaining a secondary male subject while on the sidewalk in the immediate area. By mention of this subject, I believed DPO Ibarra to be speaking of . DPO Ibarra later learned of the familial relationship between , as well as several individuals who had since exited their residence as mentioned above. Subsequent to their detention of , DPO¶s Ibarra and Pinto took the males into custody due to the circumstances of their current investigation as well as the raucous nature of the family members and residents who were now present in the area. Soon after this action, DPO¶s Ibarra and Pinto were joined by responding SAPD personnel. Upon being asked if he witnessed the shooting, DPO stated that he did not as his focus was directed toward . Immediately after the shooting, however, he did see several persons in the area looking toward the alleyway associated with 1800 S. Evergreen Street. Upon looking toward this alleyway, DPO Ibarra was able to see SAPD detective personnel who had a subject detained on the ground. Subsequent to their detention, furthermore, both indicated that they knew the subject detained in the alleyway, and the person involved in the OIS, to be an individual named ³Oscar.´By mention of this detainee, I believed him to be speaking of Alvarado. During our interview with DPO Ibarra provided additional information in regard to his experience and knowledge associated with the Delhi Gang. This information was inclusive of several shootings associated with members of the Delhi Gang in the recent past. He also provided information in regard to the attire of all law enforcement officers involved in the incident, with that being clothing labeled clearly with Police/Probation insignia, as well as the fact that both GSU vehicles were clearly marked as SAPD vehicles. At approximately 0330 hours, we concluded our interview with DPO Ibarra. Investigation continues « Detective M. McLeod #2770 SAPD/Investigations Bureau/CAP Division Author: McLeod, Matthew 2770 BWC NOT Activated BWC Inactive Reason: None Issued Santa Ana PD 2019-05804 Report by McLeod, Matthew 2770 6 of 6