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OIS2012-0007 Summary_Redacted
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OIS2012.007|December 15, 2012|SAPD 2012-36993
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OIS2012-0007 Summary_Redacted
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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 15 of 20 <br />When LEON reached for GARCIA’s handgun, GARCIA told LEON once more n ot to move. <br />LEON continued advancing, so in fear of his safety, GARCIA fired one round, striking LEON in the <br />chest. According to GARCIA, “Um, so once that image is broken, I tell him again don’t move, <br />don’t move, and he’s continuing. I shoot him once, I see the light, ah…the muzzle, it hits him <br />straight in the chest. He doesn’t jump over, he doesn’t step back, he continues.” <br />LEON continued advancing on GARCIA, so GARCIA fired two more times; according to <br />GARCIA “(LEON) continues to come at me. At that time, I immediately do two more rounds, but <br />it was within seconds, it was…a bam, bam, and it hits him. He (LEON) screams out, “you got <br />me” and jumps over now.” After GARCIA shot LEON a second time, LEON jumped over the <br />block wall and into the parking lot of 600 East Washington Avenue. <br />GARCIA explained that a Taser and other less lethal options were not considered due to <br />the unstable platform GARCIA was standing on, and the lack of available time to respond to <br />LEON’ aggressive behavior. According to GARCIA, “Now, um, it’s…based on my training <br />experience the way this male… his demeanor, his actions uh, when I was in training, I had this, <br />this one guy holding onto his waistband as he ran and he dumped two guns. Um, I like I said I’ve <br />had suicide, suicidal guys with a knife, even with a Taser, um still stick themselves in the chest. <br />This guy was within feet of me. Um, if he had a gun, he could have easily shot me right there <br />and then. If he had a knife he could have easily stabbed me up here. Um, if you asked me if I <br />feared for my life, yeah, I believed his threats were there, and I believed he had the capacity and <br />the…uh…he was fully committed to wanting to kill somebody that night.” <br />In ALCALA’s opinion, LEON’s rapid advancement and subsequent proximity to GARCIA <br />posed a threat to GARCIA’s safety. ALCALA was fearful for GARCIA’s safety, but due to the fact
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