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HomeMy WebLinkAbout3. Summary_Redacted SA 18-021 Investigator: P. MONTEZ # 325 Approved By: Date of Report: 09-14-18 Date: 10/12/2018 Page 1 of 16 CASE NAME: TAYLOR, DONADONY BLAKE CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL) AGENCY: SANTA ANA POLICE DEPARTMENT LOCATION: 1020 WEST CIVIC CENTER, SANTA ANA, CA. Preliminary Investigation ...........................................................................................1 Initial Scene Investigation/Evidence Collection .........................................................2 Interviews ...................................................................................................................8 Summary of Events ....................................................................................................9 Evidence Analysis .......................................................................................................15 Background Information ............................................................................................16 PRELIMINARY INVESTIGATION On Monday, July 2, 2018, at approximately 0005 hours, Orange County District Attorney (OCDA) Supervising Investigator STAN BERRY contacted me regarding a Santa Ana Police Department (SAPD) officer involved shooting (OIS) incident involving DONANDONY BLAKE TAYLOR. BERRY requested I respond to 1020 West Civic Center Drive, Santa Ana, to assist in the investigation. I arrived on scene and met with investigators from OCDA, SAPD, and the Orange County Crime Lab (OCCL), who were present to assist in the investigation. At approximately 0206 hours, SAPD Sergeant ABEL OROPEZA conducted a briefing of the known circumstances surrounding the incident. ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION INVESTIGATIVE SUMMARY SA 18-021 Investigator: P. MONTEZ # 325 Approved By: Date of Report: 09-14-18 Date: 10/12/2018 Page 2 of 16 Following the briefing, BERRY assigned me as the lead investigator and requested I team up with SAPD lead Detective ANDY GARCIA. The following assignments were made: PETE MONTEZ / ANDY GARCIA (SAPD)-Case Investigator BRIAN SHELDON / GUS MOROYOQUI (SAPD)-Interviews CHRIS PETERSON / JIM GARCIA (SAPD)-Officer Processing MIKE KENDRICK / MATT MCLEOD (SAPD)-Scene DAVE MELNYK / JUSTO CAPACETE (SAPD)-Hospital The following report numbers were assigned to the incident: SAPD DR#:18-15953 O.C.C.L. FR#:18-49132 O.C.C.L. FR#18-49392 (TOXICOLOGY) O.C.C.O.18-03011-HO INITIAL SCENE INVESTIGATION / EVIDENCE COLLECTION The following personnel from OCCL completed the processing of the scene: LINDA HUBER Forensic Scientist Evidence Collection LENORA PENA-SANCHEZ Forensic Specialist Photography/Measurements The incident occurred at approximately 2337 hours, on Sunday, July 1, 2018, during the hours of darkness, on the second floor of the parking structure, located at 1020 West Civic Center Drive, Santa Ana. The scene was cordoned off by yellow and red police line tape. The parking structure is a four story parking structure, including parking on the roof. The 600 block of Coach Dick Hill Way was situated on the east side of the parking structure and runs in a north/south direction. The 600 block of North Boyd Way was situated on the west side of SA 18-021 Investigator: P. MONTEZ # 325 Approved By: Date of Report: 09-14-18 Date: 10/12/2018 Page 3 of 16 the parking structure and runs in a north/south direction. There were entrances to the parking structure from Boyd Way and from Coach Dick Hill Way. There was an elevator and stairwell allowing access to all floors on the northeast and southeast portions of the parking structure. There were six SAPD police vehicles and nine civilian vehicles within the crime scene perimeter. Those vehicles are described as follows: VEHICLES IN SCENE There was one police car, and two civilian vehicles parked inside the interior perimeter when the shooting occurred. There were three civilian vehicles parked on the east curb of 200 South Citron Street within the secondary perimeter. The description of the police car and two civilian vehicles within the interior perimeter were as follows: Vehicle #1 –2011 Ford Crown Victoria Police Interceptor, four door, black and white, SAPD Vehicle Number 865/59925, vehicle license number 1415405. This vehicle was parked facing east, on the second floor of the parking structure. This vehicle was on scene at the time of the shooting incident. Vehicle #2 –2011 Ford Crown Victoria Police Interceptor, four door, black and white, SAPD Vehicle Number 818/59941, vehicle license number 1415385. This vehicle was parked facing east, on the second floor of the parking structure. This vehicle was not on scene at the time of the shooting incident. Vehicle #3 –2011 Ford Crown Victoria Police Interceptor, four door, black and white, SAPD Vehicle Number 864/59905, vehicle license number 1408785. This vehicle was parked facing east, on the second floor of the parking structure. This vehicle was on scene at the time of the shooting incident. Vehicle #4 –2005 Chevy Tahoe, four door, black and white, SAPD Vehicle Number 821/29507, vehicle license number 1134985. This vehicle was parked facing west, on the SA 18-021 Investigator: P. MONTEZ # 325 Approved By: Date of Report: 09-14-18 Date: 10/12/2018 Page 4 of 16 second floor of the parking structure. This vehicle was not on scene at the time of the shooting incident.  Vehicle #5 –2017 Ford Explorer, four door, black and white, SAPD Vehicle Number 831/60090, vehicle license number 1510501. This vehicle was parked facing west, on the second floor of the parking structure. This vehicle was not on scene at the time of the shooting incident.  Vehicle #6 –2005 Chevy Tahoe, four door, black and white, SAPD Vehicle Number 841/29508, vehicle license number 1134984. This vehicle was parked facing west, on the second floor of the parking structure. This vehicle was not on scene at the time of the shooting incident.  Vehicle #7 – 2007 Chevy Astro van, four door, white, California license plate This vehicle was parked facing south, in a marked painted stall on the second floor of the parking structure. The vehicle was locked and unoccupied. This vehicle was on scene at the time of the shooting incident.  Vehicle #8 – 2014 Ford Fusion sedan, four door, silver California license plate . This vehicle was parked facing south, in a marked painted stall on the second floor of the parking structure. The vehicle was locked and unoccupied. This vehicle was on scene at the time of the shooting incident.  Vehicle #9 – 2018 Ford F-150 P/U, four door, white, VIN# . This vehicle was parked facing south, in a marked painted stall on the second floor of the parking structure. The vehicle was locked and unoccupied. This vehicle was on scene at the time of the shooting incident.  Vehicle #10 – 2017 Honda Civic sedan, two door, white, California license plate . This vehicle was parked facing south, in a marked painted stall on the second floor of the parking structure. The vehicle was locked and unoccupied. This vehicle was on scene at the time of the shooting incident.  Vehicle #11 – 2017 Nissan Rogue SUV, four door, gray, California license plate . This vehicle was parked facing south, in a marked painted stall on the second floor of the SA 18-021 Investigator: P. MONTEZ # 325 Approved By: Date of Report: 09-14-18 Date: 10/12/2018 Page 5 of 16 parking structure. The vehicle was locked and unoccupied. This vehicle was on scene at the time of the shooting incident.  Vehicle #12 – 2012 Honda Civic sedan, four door, gray, California license plate This vehicle was parked facing south, in a marked painted stall on the second floor of the parking structure. The vehicle was locked and unoccupied. This vehicle was on scene at the time of the shooting incident.  Vehicle #13 – 2006 Ford F-150 P/U, four door, black, California license plate . This vehicle was parked facing south, in a marked painted stall on the second floor of the parking structure. The vehicle was locked and unoccupied. This vehicle was on scene at the time of the shooting incident.  Vehicle #14 – 2016 Hyundai Elantra sedan, four door, red, California license plate . This vehicle was parked facing south, in a marked painted stall on the sec ond floor of the parking structure. The vehicle was locked and unoccupied. This vehicle was on scene at the time of the shooting incident.  Vehicle #15 – 2017 Ford Fusion sedan, four door, silver, California license plate . This vehicle was parked facing south, in a marked painted stall on the second floor of the parking structure. The vehicle was locked and unoccupied. This vehicle was on scene at the time of the incident. SCENE EXAMINATION There was a long metal pipe, Evidence Marker (EM) #1, leaning upright against the south wall, on the second floor of the parking structure, and south of Vehicle #10. There was a long wire, EM #2, leaning upright against the south wall on the second floor of the parking structure, and west of EM #1. There were two metal bars, EM #3, on the ground of the second floor of the parking structure, and south of Vehicle #1. There was one Taser probe, and one Taser probe with attached wire, one partial gray Taser door, and several AFID (anti-felon identification) tags, EM #4, on the ground, of the second floor of the parking structure, and southwest of Vehicle #1. SA 18-021 Investigator: P. MONTEZ # 325 Approved By: Date of Report: 09-14-18 Date: 10/12/2018 Page 6 of 16 There was a Taser with attached deployed cartridge and wire, a partial gray Taser door , EM #5, on the ground, of the second floor of the parking structure, and to the left rear wheel of Vehicle #1. There was a cartridge case, EM #6, headstamp WIN 40 S&W, on the ground of the second floor of the parking structure, and east of Vehicle #2. There was a cartridge case , EM #7, headstamp WIN 40 S&W, on the ground of the second floor of the parking structure, and east of Vehicle #2. EVIDENCE COLLECTION OCCL Forensic Scientist HUBER collected the following items of evidence. The items were collected under the following Evidence Marker (EM) numbers: • EM #1 – One metal pipe • EM #2 – One wire • EM #3 – Two metal bars • EM #4 – Two Taser probes, one partial Taser door, Taser wire, AFIDs • EM #5 – Taser with cartridge and wire, one partial gray Taser door • EM #6 – One cartridge case head stamp WIN 40 S&W • EM #7 – One cartridge case head stamp WIN 40 S&W OFFICER PROCESSING On Friday, April 13, 2018, Orange County Crime Lab (OCCL) Forensic Specialist SYDNEY WALKER conducted the officer processing and documented the round count with digital photographs under FR# 18-49132. The following SAPD police officer was processed and photographed:  GAVIN ROELOFS At the time of the shooting, ROELOFS was dressed in his blue police uniform as depicted in the photographs taken by WALKER. SA 18-021 Investigator: P. MONTEZ # 325 Approved By: Date of Report: 09-14-18 Date: 10/12/2018 Page 7 of 16 Police Officer GAVIN ROELOFS Duty Handgun  Glock, Model 22, .40 caliber, semi-automatic handgun, serial number BCDR141.  One (1) .40 caliber cartridge was in the chamber of the handgun.  One (1) magazine with thirteen (13) .40 caliber cartridges from a fifteen (15) round capacity magazine were removed from within the handgun.  Two (2) magazines from ROELOFS’ duty belt. Both magazines were loaded to full capacity of fifteen (15) .40 caliber cartridges. ROELOFS kept a full magazine inserted in his handgun and one round in the chamber. This handgun was collected by WALKER for processing. Back-up Handgun ROELOFS also carried a back-up handgun, Glock, Model 43, 9mm semi-automatic handgun, serial number BEWS356. The handgun contained one (1) 9mm cartridge in the chamber of the gun and six (6) 9mm cartridges in the magazine inserted in the handgun. The magazine was loaded to full capacity. This handgun was only photographed and was not collected for further processing. INTERVIEWS I conducted the following audio digital recorded interviews:  ERIC MASTEL Deputy Sheriff, SBSD  PATRICK MARSHALL Police Officer, SAPD  STEVEN CHAVEZ Paramedic, OCFA  Witness  Witness  Witness SA 18-021 Investigator: P. MONTEZ # 325 Approved By: Date of Report: 09-14-18 Date: 10/12/2018 Page 8 of 16 OCDA Investigator BRIAN SHELDON conducted the following audio digital recorded interviews:  Witness  Witness  Witness  Witness OCDA Investigator DAVE MELNYK conducted the following audio digital recorded interviews:  Doctor, OCGMC  EMT, Care Ambulance  Registered Nurse, OCGMC SUMMARY OF EVENTS During the course of this investigation, thirteen (13) interviews were conducted. After reviewing officer and witness statements, SAPD reports, OCSD reports, laboratory and identification reports, communications radio traffic, incident scene photographs, videos, and other relevant reports and material, the following summary of events were developed: On Sunday July 1, 2018, at 2252 hours, TAYLOR walked into the lobby of the OCSD Central Men’s Jail (CMJ). The CMJ lobby was equipped with surveillance cameras for monitoring and recording activity in the lobby. The CMJ lobby was also equipped with an intercom system. The surveillance camera recording captured TAYLOR wearing a gray t-shirt and dark colored shorts. TAYLOR had a 2-3 foot long pipe in his left hand and a 1-2 foot metal stake in his right hand. TAYLOR looked through the window of the staff entrance door at which point OCSD Corrections Services Assistant (CSA) CHRISTOPHER DREXEL communicated with TAYLOR through SA 18-021 Investigator: P. MONTEZ # 325 Approved By: Date of Report: 09-14-18 Date: 10/12/2018 Page 9 of 16 the intercom system and asked, "Lobby, how can I help you?" TAYLOR replied, "I need to speak to someone regarding some assistance." DREXEL asked TAYLOR "What kind of assistance do you need?" DREXEL replied, "I need some assistance.” And attempted to open the secured door by pulling on the handle multiple times. TAYLOR stated he needed to report a “CPC 283.2.” DREXEL told TAYLOR to leave the lobby and walk outside but he ignored DREXEL’s commands. At 2254 hours, TAYLOR walked out of the CMJ lobby doors and out of camera view. At 2331 hours, was walking from the Orange County Sheriff’s Department Inmate Reception Center (IRC) to the parking structure located at 1020 West Civic Center Drive, Santa Ana, where he parked his vehicle. When arrived at his vehicle he observed TAYLOR standing by it. noticed his vehicle was the only car in that area of the first level parking structure and assumed TAYLOR was attempting to break into his vehicle. TAYLOR was carrying a piece of metal similar to a cement stake and a wire. got into his vehicle and followed TAYLOR to the second level of the parking structure. observed TAYLOR attempt to open a vehicle by lifting the door handle. drove out of the parking structure and called 9-1-1 to report TAYLOR’s activity. SAPD Dispatcher ROSEMARY LOPEZ answered ’ 9-1-1 call. reported that a male Hispanic, 28-30 years old, 5-11’’ tall, wearing a gray t-shirt and blue jeans was checking car doors. also relayed to LOPEZ that TAYLOR was on the second level of the parking structure and had a “long piece of metal and a piece of wire.” SAPD Police Officer GAVIN ROELOFS was dispatched to investigate TAYLOR and was dressed in a Santa Ana Police uniform, driving a marked black and white police vehicle and wearing a body worn camera (BWC). SA 18-021 Investigator: P. MONTEZ # 325 Approved By: Date of Report: 09-14-18 Date: 10/12/2018 Page 10 of 16 At 2335 hours, ROELOFS arrived at the parking structure and encountered TAYLOR on the second level. ROELOFS activated his BWC prior to exiting his patrol car. ROELOFS’ BWC showed ROELOFS step out of his patrol car and stayed on the driver side as TAYLOR walked toward the front passenger bumper of the patrol car. TAYLOR had a large metal pipe, approximately 2-3 feet long, over his left shoulder while holding another metal stake down to his right side. As TAYLOR approached the front right bumper of the patrol car ROELOFS told TAYLOR, at gunpoint, “put the pipe down.” ROELOFS then communicated to dispatch “215, give me 10-3, one at gunpoint, second floor, south side of the structure.” TAYLOR continued walking from the front passenger side of the patrol car toward the rear of the patrol car. ROELOFS ordered TAYLOR to “put the pipe down now” and TAYLOR replied “shoot me”. ROELOFS yelled at TAYLOR to “put it down” and TAYLOR replied “shoot me.” ROELOFS again ordered TAYLOR to “put the pipe down, put it down.” TAYLOR mumbled something as ROELOFS ordered him to “put the fuckin pipe down dude, put it down.” TAYLOR stopped walking near the rear right passenger door of the patrol car. ROELOFS walked to the left rear of the patrol car. TAYLOR positioned himself so that his left side would be facing ROELOFS and started to swing the metal pipe with his left hand as if in a baseball batter’s stance. ROELOFFS maintained his handgun in his right hand and pointed at ROELOFS while he used his left hand to retrieve his Taser. ROELOFS ordered TAYLOR to “put it down.” TAYLOR was noncompliant and ROELOFS discharged his TASER. The Taser probes appeared to make contact with TAYLOR’s upper torso as he flinched. TAYLOR did not fall and appeared to have full muscle control and was not affected by the Taser. ROELOFS ordered TAYLOR to “drop it now, drop the fuckin pipe.” SA 18-021 Investigator: P. MONTEZ # 325 Approved By: Date of Report: 09-14-18 Date: 10/12/2018 Page 11 of 16 ROELOFS dropped the Taser and went to a two-hand gun control. ROELOFS ordered TAYLOR to “drop it, drop.” TAYLOR appeared to reach for the Taser probes and ROELOFS discharged his handgun twice and TAYLOR fell to floor. Approximately thirty-two (32) seconds lapsed from the time ROELOFS exited his patrol car to make contact with TAYLOR to the officer-involved shooting. SAPD Police Officer PATRICK MARSHALL also responded to the call who had an off-duty San Bernardino Sheriff’s Deputy, ERIC MASTEL, as a ride-along. As MARSHALL drove onto the second level of the parking structure, he observed ROELOFS and TAYLOR. ROELOFS was standing toward the rear of the patrol car and TAYLOR was standing on the passenger side of the patrol car. ROELOFS was pointing his handgun at TAYLOR. TAYLOR had a metal bar and a rebar in his hand. According to MARSHALL, “it appeared he was gonna…come towards, uh, Officer ROELOFS.” MARSHALL heard ROELOFS tell TAYLOR something to the effect of “stay back, or…drop the weapon.” MARSHALL saw ROELOFS fire two shots and TAYLOR falling to the ground. MARSHALL exited his patrol car and turned on his BWC as he met with ROELOFS near the rear trunk of ROELOF’s patrol car. MARSHALL advised over his police radio of the officer involved shooting. Deputy MASTEL was in the front passenger’s seat of MARHALL’s patrol car. MASTEL relayed that as they arrived on the second level of the parking structure he observed TAYLOR holding a 2 ½ foot long metal bar like a person in a batter’s stand would. MASTEL estimated that TAYLOR was 15-25 feet away from ROELOFS. MASTEL believed ROELOFS was at the front of the patrol car. MASTEL described TAYLOR as looking angry, intoxicated and resembled someone under the influence of methamphetamine. SA 18-021 Investigator: P. MONTEZ # 325 Approved By: Date of Report: 09-14-18 Date: 10/12/2018 Page 12 of 16 MASTEL heard ROELOFS order TAYLOR to put the metal bar down. MASTEL saw TAYLOR take a step toward ROELOFS and ROELOFS shot TAYLOR twice. MASTEL stated he and MARSHALL were inside their patrol when the shooting occurred. MASTEL s aid he had a clear and unobstructed view of the shooting from where he was seated. SAPD Sergeant ABELARDO OROPEZA arrived on scene just seconds after the OIS. OROPEZA described seeing ROELOFS pointing his handgun at TAYLOR, who was lying on his back. OROPEZA made contact with ROELOFS and MARSHALL. OROPEZA can be heard on ROELOFS’ BWC recording saying “You see any weapons on him or anything like that?” ROELOFS replied “I didn’t, he just had two metal pipes, he dropped it though when I shot him.” OROPEZA waited for additional officers to arrive before approaching TAYLOR. Once SAPD Police Officer MICHAEL GRIFFITH arrived on scene, he assigned MARSHALL, GRIFFITH and himself to be the arrest team. As they approached TAYLOR, GRIFFITH kicked the two pieces of metal away from TAYLOR. They handcuffed TAYLOR and began medical treatment until OCFA arrived and relieved them. At 2341 hours, OCFA Engine 71 arrived on scene with the following firefighters:  MICHAEL CHESNER OCFA, Firefighter/Paramedic  BRETT CULP OCFA, Captain  ZACHARY SHIRLEY OCFA, Firefighter/Engineer  STEVEN CHAVEZ OCFA, Firefighter / Paramedic Paramedic CHAVEZ relayed that when he arrived he saw TAYLOR handcuffed to the rear lying on the ground on his back. CHAVEZ noted that police officers were performing cardio pulmonary resuscitation (CPR). SA 18-021 Investigator: P. MONTEZ # 325 Approved By: Date of Report: 09-14-18 Date: 10/12/2018 Page 14 of 16  YONG SON-KIM Forensic Pathologist  JOHN SAVINO Orange County Crime Lab Forensic Assistant  LINDA HUBER Orange County Crime Lab Forensic Scientist  BRITTANY SCOTT Orange County Crime Lab Forensic Specialist  RUDY REYNOSO Santa Ana Police Department Following the meeting, the autopsy was conducted by Doctor YONG SON-KIM. Orange County Crime Lab (OCCL) Forensic Scientist LINDA HUBER collected physical evidence, while OCCL Forensic Specialist BRITTANY SCOTT took photographs of the autopsy. A total of 58 photographs were taken during the autopsy. The body was removed from the Coroner body bag and I noted that there were no objects on the examination table other than TAYLOR’s body. I observed the following items on the body:  Orange County Sheriff-Coroner identification tag on the left toe.  EKG leads on the front torso.  Chest tube.  Mouth tube.  Handcuff on right wrist.  White & Red wristband on right wrist. For further details of all medical paraphernalia on TAYLOR’s body see photographs taken by SCOTT. HUBER collected the following evidence under FR# 18-49132:  Muscle Standard  Two (2) spent rounds During the autopsy, Kim made the following observations:  TAYLOR had two (2) gunshot wounds (GSW): I. A GSW through left arm, left lung into the spine. SA 18-021 Investigator: P. MONTEZ # 325 Approved By: Date of Report: 09-14-18 Date: 10/12/2018 Page 15 of 16 II. A GSW upper chest though ribs and into the right upper arm. KIM stated the cause of death was consistent with blood loss as a result of the gun shot wounds. KIM stated she would render her full findings after reviewing the toxicology results. Police Officer GAVIN ROELOFS Statement On Wednesday August 15, 2018, ROELOFS’ retained attorney, COREY GLAVE, advised me ROELOFS would not be providing a voluntary statement. EVIDENCE ANALYSIS An antemortmem blood sample was collected from TAYLOR upon admission to OCGMC. A postmortem sample of TAYLOR’s blood was collected during the autopsy. Both blood samples were submitted for toxicology for the presence of drugs and alcohol. The following results and interpretations were documented: Please refer to the OCCL Toxicology Examination Report for a complete report of all drugs tested. SUMMARY OF FIREARMS EXAMINATION Handgun The Glock, Model 22, handgun assigned to ROELOFS was test fired and operated without malfunction. The Glock, Model 22, handgun was determined to have fired the 2 cartridge cases (EM#'s 6 and 7) recovered from the scene. The 2 bullets recovered from autopsy share the same class characteristics as the test fires from the Glock, Model 22, handgun. SA 18-021 Investigator: P. MONTEZ # 325 Approved By: Date of Report: 09-14-18 Date: 10/12/2018 Page 16 of 16 TASER There was one (1) activation recorded on July 1, 2018. BACKGROUND INFORMATION TAYLOR had a California criminal history dated back to 2009. TAYLOR had documented arrests for the following violations:  148 (A) (1) PC Obstruct Peace Officer  243 (e) (1) PC Domestic Violence battery  273.5 (A) PC Inflict Corporal Injury  242 PC Battery  8 1325 US-Illegal Entry  20001 (A) CVC Hit and Run  11550 (A) HS Under the Influence of a Controlled Substance  11364 HS Posses control substance paraphernalia