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HomeMy WebLinkAboutOIS2012-0006 Scene Report_Redacted S.A. 12-026 Investigator: RICHARD BRADLEY Approved By: Date of Report: 10/26/12 Date: 11/29/12 Page 1 of 11 CASE NAME: GUILLEN, JAIME LOPEZ CLASSIFICATION: OFFICER INVOLVED SHOOTING (NON-FATAL) TYPE: SCENE AGENCY: SANTA ANA POLICE DEPARTMENT On October 22, 2012, at approximately 2230 hours, Orange County District Attorney Supervising Investigator RON SEMAN contacted me regarding a Santa Ana Police Department officer involved shooting incident. SEMAN requested I respond to 520 West Walnut, in the city of Santa Ana to assist in the investigation. At approximately 2315 hours, I arrived on scene and met with investigators from the Orange County District Attorney’s Office (OCDA) and the Santa Ana Police Department (SAPD) who were present to assist in the investigation. At approximately 0037 hours, SAPD Sergeant JAMES ARMSTRONG conducted a briefing of the known circumstances surrounding the incident for the personnel involved in the investigation. OCDA Supervising Investigator RON SEMAN subsequently teamed me with SAPD Detective DOMINGO CABRERA and assigned me to supervise the processing of the scene by Orange County Crime Lab personnel. The following personnel from Orange County Crime Lab (OCCL) completed the processing of the scene under FR# 12-55780: • JENNIFER JARRETT Forensic Scientist Evidence Collection ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION SUPPLEMENTAL REPORT S.A. 12-026 Investigator: RICHARD BRADLEY Approved By: Date of Report: 10/26/12 Date: 11/29/12 Page 2 of 11 • RICHARD PATRON Senior Forensic Scientist Assist • ANDREW HAYES Lead Forensic Specialist Photography • OMAR LAZO Forensic Specialist Sketch • L. OLSON Forensic Specialist Assist At approximately 0027 hours, OCCL personnel arrived on scene. At approximately 0050 hours, OCCL personnel began processing the scene. SCENE DESCRIPTION The scene was described as follows: The weather was warm, dry, and partially cloudy. The shooting incident occurred during night time hours. The area was illuminated by a street light and ambient lighting in the area. The scene was cordoned off with crime scene tape. Uniformed Santa Ana Police Department personnel were stationed to prevent access and preserve evidence within the scene. The cordoned off area included an interior perimeter and an exterior perimeter. The incident occurred in the rear yard of 210 South Birch Street and in the common access alley at the west side of the 200 block of South Birch Street. South Birch Street is a north/south residential street. The 200 block of South Birch Street is bordered on the north by the 400 block of West Walnut Street, on the south by the 400 block of West Pine Street on the east by South Broadway and on the west by South Ross Street. There is a common access alley running the length of the 200 block of Birch Street along the west property line of the residences on the west side of South Birch Street. There is a common access alley that runs east and west from South Ross Street to an intersection with the north/south common access alley for the 200 block of South Birch Street. The east/west common access alley separates the residences on the south side of West Walnut Street from the residences on the north side of S.A. 12-026 Investigator: RICHARD BRADLEY Approved By: Date of Report: 10/26/12 Date: 11/29/12 Page 3 of 11 West Pine Street. The two alleys intersect directly behind 210 South Birch Street. Both alleys have concrete surfaces. The residences in the 200 block of South Birch Street were two story dwellings, some were single family dwellings and some were multi-family dwellings. The neighborhood is an older neighborhood and several of the residences had single car detached garages bordering the alley to the rear of the residences. The interior perimeter included the rear yard at 210 South Birch Street, the north/south alley along the west side of the 200 block of South Birch Street, and the east/west alley between the 400 block of West Pine Street and West Walnut Street. The south border was the north curb line of West Pine Street. The north border was the south curb line of West Walnut Street. The west border was the east curb line of South Ross Street. The east border was the west wall of the rear of the residence at 210 South Birch Street and the east side of the west alley of the 200 block of South Birch Street. The exterior perimeter was bordered on the north by the north curb line of the 400 block of West Walnut. It was bordered on the south by the south curb line of the 400 block of West Pine Street. It was bordered on the east by the east curb line of the 200 block of South Birch Street. It was bordered on the west by the west curb line of the 200 block of South Ross Street. The residence at 210 West Birch Street was a two story residential dwelling with a large rear yard and a small out building (formally a one car detached garage) located near the middle of the west side of the property. The west property line was bordered by a chain link fence. Along the north property line there was a block wall. At the west side of the south property line was the north wall of a single story one car garage. That garage was part of the property S.A. 12-026 Investigator: RICHARD BRADLEY Approved By: Date of Report: 10/26/12 Date: 11/29/12 Page 4 of 11 located at 214 West Birch Street. From the east side of that garage wall to the front of the residence at 210 West Birch Street there was a block wall along the south property line. The property had a large rear yard. At the west side and near the middle of the rear yard was a single story single car garage that had been converted into an out building. To the south side of the out building there was a concrete driveway large enough for two cars. The double car width driveway extended from the west property line to the east wall of the out building. The driveway then narrowed to a one car wide driveway that extended to the west wall of the residence. There was a double wide chain link gate at the west property line extending from the south side of the out building for 210 South Birch Street to the north wall of the single car garage for 214 South Birch Street. The gate allowed access to the driveway for 210 South Birch Street from the west alley of Birch Street and the north alley for the 400 block of West Walnut Street. At the northwest corner of the intersection between the west alley for the 200 block of South Birch Street and the north alley for the 400 block of West Walnut there was a telephone pole with a street lamp. The lamp extended from the pole in an easterly direction directly over the alley. The lamp was on and functioning properly. VEHICLES IN SCENE The following vehicles were parked within the interior perimeter: • Vehicle #1 – Ford, Police Interceptor, 4 door, Santa Ana Police Department unit #856, California vehicle license number 1363966. This vehicle was occupied by Santa Ana Police Officers DAVID ENRIQUEZ and ANTONIO GRAHAM. The unit was equipped with automated plate readers. This vehicle was parked facing eastbound in the 400 block alley of West Walnut Street just east of the east curb line of South Ross Street. The S.A. 12-026 Investigator: RICHARD BRADLEY Approved By: Date of Report: 10/26/12 Date: 11/29/12 Page 5 of 11 vehicle’s engine, and head lamps were on. Secured in the gun rack mounted between the front seats was a Ruger .40 caliber rifle serial # 480-06238. There was one magazine in the magazine well and two magazines in the butt pouch. The chamber of the weapon was empty. There were eleven .40 Caliber rounds in each magazine. In the trunk of the vehicle in a closed hard case there was a tear gas and rubber round launcher. This projectile launcher was unloaded. •Vehicle #2 – 2000 Dodge, crew cab pick-up truck, 4 door, blue, California License number The registered owner was Perris, California. The vehicle was parked facing eastbound on the south side of the west driveway of 210 South Birch Street, next to the north wall of the single story garage of 214 South Birch Street and a short distance east of the west property line and gate of 210 South Birch Street. The vehicle was unoccupied. •Vehicle #3 – 1966 Ford Mustang, 2 door, white, California License number . The registered owner was Santa Ana, CA 92701. The vehicle was parked facing eastbound on the north side of the west driveway of 210 South Birch Street next to the south wall of the out building and just west of the west property line of 210 South Birch Street. The vehicle was unoccupied. •Vehicle #4- 1972 Chevrolet Camaro, 2 door, red, California License number The registered owner was Street, Santa Ana, CA 92701. The vehicle was parked facing eastbound in the west driveway of 210 South Birch Street, next to the south property wall and east of the 2000 Dodge pick-up. The vehicle was unoccupied. S.A. 12-026 Investigator: RICHARD BRADLEY Approved By: Date of Report: 10/26/12 Date: 11/29/12 Page 6 of 11 •Vehicle #5- 1998 Honda Accord, 4 door, white, California License number The registered owner was , Santa Ana, CA 92701. The vehicle was parked facing eastbound at the north side of the southeast driveway located at the northwest corner of the intersection of the west alley of South Birch Street and the south alley of West Walnut Street. The vehicle was unoccupied. •Vehicle #6- 1996 Toyota Camry, 4 door, black, California License number . The registered owner was Santa Ana, CA. 92701. The vehicle was parked facing eastbound at the south side of the southeast driveway located at the northwest corner of the intersection of the west alley of South Birch Street and the south alley of West Walnut Street. The vehicle was unoccupied. •Vehicle #7- 2007 Nissan Versa, 4 door, red, California License number . The registered owner was Santa Ana, CA. 92701. The vehicle was parked facing eastbound on the north side of the north driveway of 417 West Pine Street. 417 West Pine Street is located at the northwest corner of pine and the intersection with the west alley of South Birch Street. •Vehicle #8- 2008 Buick SUV, 4 door, silver, California License number The registered owner was , Santa Ana, CA. 92701. The vehicle was parked facing eastbound on the north side of the north driveway of 417 West Pine Street, just south of the 2007 Nissan Versa. The vehicle was unoccupied. S.A. 12-026 Investigator: RICHARD BRADLEY Approved By: Date of Report: 10/26/12 Date: 11/29/12 Page 7 of 11 • Vehicle #9- 1990 Nissan pick-up truck, 2 door, primer gray, California License number . The registered owner was Street, Santa Ana, CA. 92701. The vehicle was parked facing eastbound on the north side of the north driveway of 417 West Pine Street, just south of the 2008 Buick. The vehicle was unoccupied. SCENE EXAMINATION The shooting occurred in the rear yard at 210 South Birch Street and the intersection of the west alley of the 200 block of South Birch Street and the south alley of the 400 block of West Walnut Street. The chain link gate separating the alley way from the rear yard of 210 South Birch Street was closed. The lock hasp securing the chain used to secure the gate in a closed position was cut. There were two shell casings, head stamp “WINCHESTER 40 S&W” (evidence marker #1 & #2) located in the west alley of the 200 block of South Birch Street, slightly west of the west wall of the single story garage for 214 South Birch Street, approximately at the middle of the structure. The garage was located at the northwest side of the property located at 214 South Birch Street, at the south property line for 210 South Birch Street. There was a shell casing, head stamp “WINCHESTER 40 S&W” (evidence marker #3) in the west alley of the 200 block of South Birch Street, east of the west edge of the alley and slightly north of the prolongation of the north edge of the north alley for the 400 block of West Walnut Street. There was a shell casing, head stamp “WINCHESTER 40 S&W” (evidence marker #4) in the west alley for the 200 block of South Birch Street, slightly west of the west property line for 210 South Birch Street and north of the northwest corner of the single story garage for 214 South Birch Street. There S.A. 12-026 Investigator: RICHARD BRADLEY Approved By: Date of Report: 10/26/12 Date: 11/29/12 Page 8 of 11 was a body of a master lock (evidence marker #5) in the alley slightly west of the shell casing labeled evidence marker #1. There was a jacketed bullet fragment (evidence item #6) on the driveway of 210 South Birch Street, just east of the south double chain link gate, and north of the south wall of the single story garage for 214 South Birch Street. There was the hasp for a master lock (evidence marker #7) on the driveway slightly south of the center connecter pole of the double chain link gate located at the west property line of 210 South Birch Street. There were two “Waste Management” trash receptacles (one brown, one gray) located next to the right side of the right rear portion of the Dodge pick-up. The brown trash receptacle was west of the gray trash receptacle. Between the two trash receptacles, next to the north wall of the single story garage for 214 South Birch Street was a brown “hoody” sweat shirt (evidence marker #8). Under the driver’s side of the Dodge pick-up truck there was a jacketed bullet (evidence marker #9). The bullet had what appeared to be blood and tissue on it. The right rear passenger window of the Dodge pick-up truck was shattered apparently by being impacted by a bullet. On the driveway directly below and slightly south of the right rear passenger window were two bullet fragments (evidence marker #10 & #11). There were also glass fragments from the shattered window on the driveway in the vicinity of the right side of the truck. There was clothing, consisting of one pair of blue jeans with a gray cloth web belt, two blue slippers, two white socks, and one white T shirt (evidence marker #12) on the driveway slightly north of the south perimeter wall and east of the right rear of the Chevrolet Camaro. The clothing was reportedly removed from GUILLEN while he was receiving first aid at the scene. There was what appeared to be blood on the left front of the jeans and on the front of S.A. 12-026 Investigator: RICHARD BRADLEY Approved By: Date of Report: 10/26/12 Date: 11/29/12 Page 9 of 11 the white T shirt. Mixed among the clothing was a cellular telephone, a cellular telephone holder, a bus pass, and a pack of gum. There was a bullet fragment (evidence marker #13) on the right side of the rear seat of the Dodge pick-up. The bullet fragment was directly behind the right front seat back. There were glass fragments from the right rear passenger window strewn about the right rear of the Dodge. There appeared to be a bullet impact (photographic marker “A”) on the right edge of the tail gate of the Dodge pick-up. The impact point was just above the lower plastic wear protection strip and at approximately even the middle of the right tail lamp assembly. There appeared to be a bullet entry hole on the west side and near the front of the brown trash receptacle (photographic marker “B”). The brown trash receptacle was located at the right side of the Dodge pick-up with the rear (wheels and handle) against the right side of the truck and the front just north of the south wall of the single story garage for 214 South Birch Street. There was an apparent exit hole for the bullet in the front grooved area of the brown trash receptacle (photographic marker “B1”). The exit hole was at approximately the same elevation as the apparent entry hole. There was an apparent bullet entry hole (photographic marker “C”) in the north wall of the single story garage for 214 South Birch Street. The apparent entry hole was slightly west of the intersection of the garage and the south perimeter block wall. The hole was approximately 4’2” above ground level. There was an apparent bullet strike on the rear of the right front passenger seat of the Dodge pick-up (photographic marker “D”). The apparent strike was on the upper portion of the seat back in the head rest area. There was no apparent exit hole. S.A. 12-026 Investigator: RICHARD BRADLEY Approved By: Date of Report: 10/26/12 Date: 11/29/12 Page 10 of 11 OCCL Forensic Specialist HAYES took 123 digital images of the scene and the evidence. EVIDENCE COLLECTION The following items of evidence were collected by OCCL Forensic Scientist JENNIFER JARRETT at 0213 hours. The items were collected under the following evidence marker (EM) numbers: • EM#1 – One 40 caliber casings, Head Stamp WINCHESTER 40 S&W • EM#2 – One 40 caliber casings, Head Stamp WINCHESTER 40 S&W • EM#3 – One 40 caliber casings, Head Stamp WINCHESTER 40 S&W • EM#4 – One 40 caliber casings, Head Stamp WINCHESTER 40 S&W • EM#5 – One body of a “Master” lock • EM#6 – One jacketed projectile fragment • EM#7 – One hasp for a “Master” lock • EM#8 – One brown hoody sweat shirt • EM#9 – One jacketed bullet • EM#10 – One bullet fragment • EM#11 – One bullet fragment • EM#12 – Defendant’s clothing consisting of one pair of blue jeans with a gray cloth web belt, two blue slippers, two white socks, and one white T shirt • EM#13 – One bullet fragment OCCL Forensic Scientist JARRETT cut the rear of the right front seat of the Dodge pick-up to ascertain if the projectile was lodged in the seat. Directly behind the apparent impact point on the right front passenger seat back was a metal support nut. There was no evidence the bullet traveled into beyond the seat back cover. It appeared the bullet fragment found on the rear seat was responsible for the impact mark on the seat back. Investigation revealed there was no apparent exit hole for bullet impact hole photographic marker “D”. I was unable to contact the residents at 214 South Birch Street to S.A. 12-026 Investigator: RICHARD BRADLEY Approved By: Date of Report: 10/26/12 Date: 11/29/12 Page 11 of 11 obtain access to the interior of the single story garage. Arrangements were made with OCCL personnel to return to the location to attempt to retrieve the projectile. Santa Ana Police Detective collected the cellular telephone (LG My Touch), the cellular telephone holder, the bus pass, and the pack of gum found next to the defendant’s clothing. For further information refer to SAPD report DR# 12-31262. At 0335 hours, I conducted a final sweep of the interior perimeter in an attempt to locate additional evidence. At 0341 hours, I completed the sweep and turned control of the scene over to Santa Ana Police Department personnel.