HomeMy WebLinkAbout19. Interview of Ofc. Patrick Marshall_Montez_Redacted SA 18-021
Investigator: P. Montez Approved By:
Date of Report: 9/24/18 Date: 10/01/2018
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CASE NAME: TAYLOR, DONADONY BLAKE
CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL)
INTERVIEW OF: PATRICK MARSHALL, POLICE OFFICER
SANTA ANA POLICE DEPARTMENT
PRESENT: ANDY GARCIA, DETECTIVE
SANTA ANA POLICE DEPARTMENT
DATE AND TIME: 7/2/18 0317 HOURS
LOCATION: SANTA ANA POLICE DEPARTMENT
On Monday, July 2, 2018, at approximately 0317 hours, Santa Ana Police Department
(SAPD) Detective ANDY GARCIA and I conducted a digital audio recorded interview of SAPD Police
Officer PATRICK MARSHALL regarding the SAPD officer involved shooting of DONADONY BLAKE
TAYLOR. The following is a transcript of the interview:
LEGEND:. . . Denotes pauses between words or phrases, incomplete sentences,
Stammering, etc. (Does not indicate missing words).
*** Denotes unintelligible conversation.
(Sic) Denotes precisely reproduced word.
[BEGINNING OF INTERVIEW]
MONTEZ: Today’s date is July 2nd, 2018. The time is now 03:17 hours. This is
Investigator MONTEZ with the Orange County District Attorney’s Office.
This will be an interview at Santa Ana Police Department regarding…an
Officer Involved Shooting, under Special Assignment Case Number 18
dash 021, cross-referenced with…Santa Ana P-D Case Number 18 dash
ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE
BUREAU OF INVESTIGATION
INTERVIEW REPORT
SA 18-021
Investigator: P. Montez Approved By:
Date of Report: 9/24/18 Date: 10/01/2018
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15953. Present with me, uh, if you can state your name, starting to my
right, and your occupation as well.
GARCIA: All right. Detective ANDY GARCIA with the Santa Ana Police
Department, Homicide Unit.
MONTEZ: Across from me.
MARSHALL: Uh, Officer PATRICK MARSHALL, Foot Patrol,… Santa Ana Police
Department.
MONTEZ: Okay, um,… Officer MARSHALL, did anyone from your Agency order
you to give a statement?
MARSHALL: No.
MONTEZ: Um,...do you feel compelled to give a statement because the Orange
County District Attorney’s Office is involved?
MARSHALL: No.
MONTEZ: And is this a free and voluntary statement?
MARSHALL: Yes.
MONTEZ: Okay. And…who are you employed by?
MARSHALL: Santa Ana Police Department.
MONTEZ: How long have you been a, uh, police officer?
MARSHALL: About two years.
MONTEZ: And…did you work anywhere else prior to, um,…Santa Ana Police
Department as a police officer?
MARSHALL: No.
(PAUSE)
MONTEZ: And…what’s your current assignment?
SA 18-021
Investigator: P. Montez Approved By:
Date of Report: 9/24/18 Date: 10/01/2018
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MARSHALL: Uh, work out of Patrol.
MONTEZ: And…what’s your shift and hours?
MARSHALL: Uh, I work Watch Two, which is 14:00 to 02:30 on, uh,…Sunday,
Monday, and Tuesday.
MONTEZ: So two hours, uh, 12-hour shifts?
MARSHALL: Yes, sir.
(PAUSE)
MONTEZ: And…today were you workin’ a single officer’s Unit?
MARSHALL: Yes.
MONTEZ: And did you have any passengers with you?
MARSHALL: Yes.
MONTEZ: Um,...was that a ride-along?
MARSHALL: It was a ride-along.
MONTEZ: Okay. And who was your ride-along?
MARSHALL: Uh, ERIC MASTEL.
MONTEZ: How do you spell the last name?
MARSHALL: M-A-S-T-E-L.
(PAUSE)
MONTEZ: And I understand he’s a…off-duty deputy?
MARSHALL: Yes.
MONTEZ: And for what Agency does he work for?
MARSHALL: San Bernardino.
MONTEZ: At Sheriff’s?
MARSHALL: Yes.
SA 18-021
Investigator: P. Montez Approved By:
Date of Report: 9/24/18 Date: 10/01/2018
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MONTEZ: Did he start the shift right after briefing him?
MARSHALL: He started approximately…15:15 hours.
MONTEZ: 15:15?
MARSHALL: Yes.
MONTEZ: And…today, uh, did you, uh, respond to a call at the, uh, parking structure
located at, uh, 1020 West Civic Center Drive?
MARSHALL: Yes.
MONTEZ: And can you just tell me, uh, what happened.
MARSHALL: Uh, so responded to the call. Uh, for a…9-2-5, or a suspicious, uh,
suspect in the, uh, um,…parking structure. Uh,…uh, so I was waiting on
the east side of the parking structure. I noticed that, uh, another, um,
officer, um, had arrived and already went into the…parking structure.
(CLEARS THROAT) Uh, so I entered the parking structure on the east
side o’ the, uh, structure. Started goin’ up to the second level on the,
um,…so facing northbound. Um,...as I was goin’ up the ramp, um, Offic-,
Officer ROELOFS put out that he, uh, had one at gun point. So I…made a
left, went south through the structure. Um,...and as I came around the
corner, (CLEARS THROAT) I observed Officer ROELOFS, uh,…um,
had his gun pointed at, uh, the sus-, suspect matching the description given
in the call. Um,...he had a,…uh, a metal bar, a rebar, uh, in his hand.
Um,...Officer ROELOFS was towards the, uh, rear of the vehicle.
Um,...the suspect was on the, uh,…passenger side of the vehicle. And,
um, it appeared he was gonna…come towards, uh, Officer ROELOFS.
Uh, Officer ROELOFS was giving commands to the offic-, or the, uh,
SA 18-021
Investigator: P. Montez Approved By:
Date of Report: 9/24/18 Date: 10/01/2018
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suspect to, somethin’ to the effect of…stay back, or…drop the weapon.
And, uh,…then Officer ROELOFS fired two shots. (PAUSE) The suspect
went down to the ground. Um,...as this was happening, *** put on radio
traffic, uh, uh, Officer ROELOFS was, or 9-9-8, um, or officer involved
shooting. Um,...I…came up to Officer ROELOFS, uh, drew my wea-, or
had my dr-, weapon drawn out. It was pointed at the suspect. Suspect was
on the ground. Um,...Ser-, Sergeant RAPEZA arrived on scene. Uh, we
waited for a couple additional officers. Took, uh, um,…the suspect into
custody, handcuffed him. And then, uh, after that we started, uh,
providing, uh, first aid.
(PAUSE)
MONTEZ: Okay. Um,...you mentioned that, uh,…when you arrived, you observed,
um, Officer ROELOFS had a subject at gun point, described, um, on the
call. What was the subject described as?
MARSHALL: Uh, male Hispanic, I think he’s 5-11. Um,...either, uh, it’s a gray or blue
T-shirt and shorts.
(PAUSE)
MONTEZ: Anything else?
MARSHALL: And he was armed with a metal object.
(PAUSE @ 0:06:19 TO 0:06:33)
MONTEZ: You said the subject had a bar. Can you describe the bar?
MARSHALL: Uh,…it was like a flat… I don't know how to explain it. It was a flat, uh,
piece of metal, approximately maybe a…foot long, maybe a foot and a
half long, and then like three inches wide.
SA 18-021
Investigator: P. Montez Approved By:
Date of Report: 9/24/18 Date: 10/01/2018
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(PAUSE)
MARSHALL: Two inches wide.
(PAUSE)
MONTEZ: So one foot by three inces wide?
MARSHALL: I would say two inches wide.
MONTEZ: And how was he holding that, um, metal object?
MARSHALL: I think he had it like…to the side, but it was not like fully to the side. It
was kinda like…a little bit…
MONTEZ: You demonstrated by having, um, your right hand up with your elbow, uh,
folded upward. Um,...almost like…
MARSHALL: It, it wasn’t like… It was like,…it was just creased up a little bit. It
wasn’t like…
MONTEZ: Okay. So…
MARSHALL: …fully to his side, but it was…
MONTEZ: For more hanging to the side?
MARSHALL: Yeah.
MONTEZ: Okay.
(PAUSE)
MONTEZ: And…where was he in relation to Officer ROELOFS?
MARSHALL: So Officer ROELOFS was on, um, I would say the…rear portion of the,
uh, like the rear bumper, driver’s side. Um,...and then the suspect was,
um, on the passenger side of the vehicle. Um,...probably where, where
the, where the tire was.
MONTEZ: Okay. So ROELOFS is on the rear side of the vehicle. So…would it be
SA 18-021
Investigator: P. Montez Approved By:
Date of Report: 9/24/18 Date: 10/01/2018
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on the right rear, or left rear?
MARSHALL: Uh, the driver’s side.
MONTEZ: So left rear. And…the subject was on the passenger side. Was he towards
the front, or the rear bumper?
MARSHALL: Uh,…towa-, towards the…rear bumper, but…at the wheelwell. So it
wasn’t like fully towards the bumper.
MONTEZ: And…how far apart would you say they were…from each other?
(PAUSE)
MARSHALL: Ten, 12 feet.
(PAUSE)
MONTEZ: You said you heard him say,…stay back, drop the weapon, or words to
that effect?
MARSHALL: Yeah, words to that effect. Uh, my window was down. So…I heard him
giving commands as I rolled up.
MONTEZ: Your window was down, or wasn’t?
MARSHALL: My window was down.
MONTEZ: Okay. (PAUSE) When he fired the two shots,…um, were you already
outta your car?
MARSHALL: I don’t remember.
MONTEZ: Okay. Um,...do you remember if when he fired the two shots, you had
your gun out?
MARSHALL: I don’t think I did.
MONTEZ: Where did you…park your vehicle in relation to, um, where Officer
ROELOFS’ vehicle was?
SA 18-021
Investigator: P. Montez Approved By:
Date of Report: 9/24/18 Date: 10/01/2018
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MARSHALL: Uh, parked, uh, to the west of the vehicle, uh, probably about, uh,…t-, 20,
25 feet.
(PAUSE)
MONTEZ: And what vehicle were you driving?
MARSHALL: Uh, Unit 8-6-4.
MONTEZ: And where was, um,…your ride-along, um,…at, at the time of the,
uh,…the shooting? Did he stay in the car, or…do you know what he did?
MARSHALL: He was in the passenger side. And then, I believe he exited the vehicle
when, uh,…I got out of the vehicle.
MONTEZ: Did he walk up with you, or did he stay…?
MARSHALL: I think he stayed back.
(PAUSE @ 0:10:50 TO 0:11:07)
MONTEZ: When you said the, um, the subject fell to the ground,…did he get, did, did
he make any command-, or, I’m sorry, did he respond to any o’ the
commands or make any statements? I’m referring to, um, the subject.
MARSHALL: Af-, after…?
MONTEZ: Before he was shot…
MARSHALL: Uh, I… No. He was, he was,…it looked like he was approaching Officer,
uh, ROELOFS.
MONTEZ: Okay. Did you see him take any steps towards ROELOFS?
MARSHALL: Uh,…I didn’t see a step, but I look-, I mean it looked like he was gonna
move towards that way.
MONTEZ: Okay. From the time that you…arrived and had view of ROELOFS
and…the subject,…how long would you say lapsed…from that time to the
SA 18-021
Investigator: P. Montez Approved By:
Date of Report: 9/24/18 Date: 10/01/2018
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shooting?
MARSHALL: After I ran around the corner, I would say…ten, 15 seconds.
(BACKGROUND VOICES)
(PAUSE @ 0:12:04 TO 0:12:25)
MONTEZ: Did, um,…Officer MARSHALL, uh, make any statements to you or any
spontaneous statements in regards to the shooting?
MARSHALL: Officer ROELOFS did not. No.
MONTEZ: I’m sorry. Um,...Officer ROELOFS. (PAUSE) Aside from the, uh, metal
object…that you saw the subject holding,… I’m sorry. I don't know if I
clarified. Was that with his right or left hand that he was holding that
object?
MARSHALL: Uh, I believe his right hand.
MONTEZ: Aside from that object, did you see any other, um,…weapons or objects
that he was holding?
MARSHALL: No.
(PAUSE)
MONTEZ: Do you recall if you were inside your vehicle when the shooting
happened, or if you were…walking up to the incident, to the, uh, Officer,
uh, ROELOFS ***?
MARSHALL: I think I was, uh, transitioning outta my, getting outta my vehicle.
MONTEZ: And from where you parked your vehicle approximately ten to 15, uh,…
I’m sorry. It was, uh,…
MARSHALL: It was 20, ***…
MONTEZ: …20, 25 feet west of. Did you have a clear and unobstructed view?
SA 18-021
Investigator: P. Montez Approved By:
Date of Report: 9/24/18 Date: 10/01/2018
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MARSHALL: Yes.
MONTEZ: Okay. (PAUSE @ 0:13:41 TO 0:13:53) Um,...Detective, uh, GARCIA?
GARCIA: Do you remember, uh, i-, who was assigned to the call? Who was the
primary Unit that was assigned?
MARSHALL: Uh,…that I ***. I know ROELOFS was, uh, assigned to the call. And
then, um,…it was, uh, Sergeant CUZZO, uh,…and then, uh, Sergeant
RAPEZA. And then I was already, uh, heading back to the station. So I
assigned myself to the, uh, or answered the call.
GARCIA: Okay. And you said, um, you were kind of staging on the east side o’ the
structure?
MARSHALL: Yes.
GARCIA: Were you…just standing by for follow-up?
MARSHALL: I was, uh, standing by to see, uh, who was gonna come, because I, you
know… Um,...but then I saw that ROELOFS went in.
GARCIA: Oh, okay.
MARSHALL: So I…followed him.
GARCIA: Okay. So he came in…
MARSHALL: He came on the, the, it looks like the west side,…
GARCIA: Okay.
MARSHALL: …I think.
GARCIA: He came in through the *** on the west side.
MARSHALL: Yeah.
GARCIA: *** And then once… How did you know that he was in the structure
already?
SA 18-021
Investigator: P. Montez Approved By:
Date of Report: 9/24/18 Date: 10/01/2018
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MARSHALL: I was watchin’ the map on the K-D-T.
GARCIA: Oh, I gotcha.
MARSHALL: So… Yeah.
(PAUSE @ 0:14:55 TO 0:15:04)
GARCIA: And then you came in on the east. So you weren’t…too far behind him.
You were just kinda monitoring the K-D-T once you saw that he was in
there.
MARSHALL: Yeah. So once, once I noticed it looked like he was, uh, movin’ into the
structure, then I…got the ticket and went in there. So…
GARCIA: Okay.
MARSHALL: Yeah.
GARCIA: And then you said you go in, you go…northbound on that first ramp.
MARSHALL: Yep.
GARCIA: So you’d…essentially being going north. And then you made a left and
then s-, started comin’ back south…
MARSHALL: Yeah.
GARCIA: …along the west side o’ the structure?
MARSHALL: Uh-huh.
GARCIA: And your vehicle was somewhere 20 to 25 feet parked behind his.
MARSHALL: Yeah.
GARCIA: Okay. Yeah, that’s all.
(PAUSE @ 0:15:42 TO 0:15:49)
MONTEZ: And, Officer MARSHALL, is there anything else you wanted to add that,
uh, you thought was important, or…thought we should’ve asked, shoulda
SA 18-021
Investigator: P. Montez Approved By:
Date of Report: 9/24/18 Date: 10/01/2018
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(sic) known?
MARSHALL: Uh, after, uh, we took the suspect into custody, we, uh, rendered first aid.
MONTEZ: And what type of first aid did you render?
MARSHALL: Uh, we observed the subject wasn’t, uh, responsive. Um,...and then, uh,
we put a, uh, I put a chest seal, um, on his gunshot wound on his chest.
Um,...and then (CLEARS THROAT), uh, another officer was w-, working
another gunshot on his left arm. Um,...and then it didn’t appear that, uh,
he was breathin’ or had a pulse, so we started C-P-R.
MONTEZ: *** talkin’ about the chest. So is that the…chest ***…
MARSHALL: Yes. So it’s the…
MONTEZ: …***?
MARSHALL: Yeah. It’s the *** that seals the, off the, uh,…air.
MONTEZ: And what type of injuries did you observe?
MARSHALL: Uh, there was a gunshot wound, um,…in his upper chest, about center
mass. And then, uh, there was a gunshot wound to his left arm, left upper
arm.
MONTEZ: At any point, did he regain consciousness, or, that you were aware of?
MARSHALL: Uh,…I know he was breathing…at times. Um,...but not,…uh, the whole
time.
MONTEZ: And then…who arrived to, uh, render, uh, aid? What, what, uh, Fire
Department?
MARSHALL: Uh, Orange County Fire Authority.
MONTEZ: And, I forgot to mention, uh,… I notice that in your right armpit area,
your…uniform’s torn. Are you n-, did that happen as a result from this
SA 18-021
Investigator: P. Montez Approved By:
Date of Report: 9/24/18 Date: 10/01/2018
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incident?
MARSHALL: Yes.
MONTEZ: And…do you know how that happened? Do you recall?
MARSHALL: Uh,…I think it was when I was doin’ C-P-R.
(PAUSE)
MONTEZ: Were you giving compressions, or…?
MARSHALL: Yes. I was giving compressions, and, uh,…uh, then bag ***-s.
MONTEZ: Or were you rotating, or doin’ both?
MARSHALL: Uh, I started off doing the bag ***, uh, *** the breasts. Um,...Officer
GRIFFITH was, started with compressions, and then we switched.
MONTEZ: And about how long did you do, uh,…C-P-R before Fire arrived?
MARSHALL: A few minutes. I would say maybe…five, six minutes.
MONTEZ: And…I notice you, uh,…just had a, uh, body-worn camera delivered back
to you. You said that…you had…given it to someone for downloading.
Were you wearing the body-worn camera at the time of the incident?
MARSHALL: Yes.
MONTEZ: And,…uh,…was it on?
MARSHALL: Yes.
MONTEZ: Did you have a digital audio recorder or anything else…on you…at the
time?
MARSHALL: No. Just the camera.
MONTEZ: Okay. Is your vehicle equipped with the, um,…like a dash camera?
MARSHALL: No.
MONTEZ: Is there anything else, uh, you wanted to add that we didn’t, uh, or… Real
SA 18-021
Investigator: P. Montez Approved By:
Date of Report: 9/24/18 Date: 10/01/2018
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quick. Anything else that ***?
GARCIA: *** okay.
MONTEZ: Is there anything else you wanted to add that we didn’t, uh,…ask?
MARSHALL: No, sir.
MONTEZ: That being the case, I’ll be ending the interview. The time is now 03:37
hours.
[END OF INTERVIEW]
TRANSCRIBED BY:
ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE
SEPTEMBER 25, 2018
REVISED BY: __PETE MONTEZ / INVESTIGATOR___________________
(NAME) / (TITLE)
ORANGE COUNTY DISTRICT ATTORNEY / 09/26/2018
(DEPARTMENT) / (DATE)
SA 18-021
Investigator: P. Montez Approved By:
Date of Report: 9/24/18 Date: 10/01/2018
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