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S.A. 12-031 <br />Investigator: BRETT ANDERSEN Approved By: <br />Date of Report: 04/02/2013 Date: 04/02/2013 <br />Page 14 of 20 <br />GARCIA and was not responding to GARCIA’s commands to “don’t move” and “stay there.” <br />GARCIA repeated, “Let me see your hands!” As ALCALA got closer to LEON and GARCIA, he <br />could see that LEON had advanced on GARCIA enough that he was within approximately 3 feet <br />of GARCIA. ALCALA believed that LEON was close enough to reach out and touch GARCIA. Even <br />though ALCALA could see LEON’s back from the waist up to his head, he could not see LEON’s <br />hands and they appeared to be in front of him. <br />GARCIA believed LEON was either armed with a gun, a knife, or was trying to convince <br />GARCIA that he had a weapon. <br />LEON refused to comply with GARCIA’s commands as he climbed out of the alcove and <br />advanced toward GARCIA. As he advanced, LEON repeatedly told GARCIA, “Fuck you, I’m going <br />to kill you!” while continually tugging at his front waistband , with his right hand and reaching <br />out with his left hand, for GARCIA’s handgun. According to GARCIA, “Um, so when he’s climbing <br />up his, his body actually becomes a silhouette to me, he’s ah blackened out by the light, the back <br />drop of the light.” At this time, GARCIA was still holding his handgun in his right hand and <br />pointing it at LEON. <br />GARCIA was convinced that LEON intended to take his gun away from him and kill him <br />with it. GARCIA stated, “So the last image I have of him is saying “fuck you I’m going to kill <br />you!” pulling on his waistband. Um, that image is immediately broken by his left hand…now <br />he’s; he’s up here by his left and reaching out for my gun. My gun is, I want to say a foot, foot <br />and a half from his hand. Um, once I see that , I know that he’s, he’s committed. He’s ready to <br />take me down, it’s either I commit to it, or I let him, I let him take my back and now I could be <br />dead…”