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HomeMy WebLinkAboutOIS2012-0006 Summary_Redacted S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 1 of 22 CASE NAME: GUILLEN, JAIME LOPEZ CLASSIFICATION: OFFICER INVOLVED SHOOTING (NON-FATAL) AGENCY: SANTA ANA POLICE DEPARTMENT LOCATION: 210 SOUTH BIRCH STREET, SANTA ANA Preliminary Investigation ........................................................................................... 1 Initial Scene Investigation/Evidence Collection ......................................................... 2 Interviews ................................................................................................................... 12 Summary of Events .................................................................................................... 12 Evidence Analysis ....................................................................................................... 19 Background Information ............................................................................................ 21 PRELIMINARY INVESTIGATION On Monday, October 22, 2012, at approximately 2240 hours, Orange County District Attorney (OCDA) Supervising Investigator RON SEMAN contacted me regarding an officer involved shooting involving JAIME LOPEZ GUILLEN and the Santa Ana Police Department (SAPD). SEMAN requested I respond to the area of 520 West Walnut Street, Santa Ana, to assume the role of lead investigator. I arrived on scene at approximately 2315 hours and met with OCDA and SAPD investigators who were present to assist in the investigation. ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION INVESTIGATIVE SUMMARY S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 2 of 22 On October 23, 2012 at approximately 0037 hours, SAPD Sergeant JIM ARMSTRONG conducted a briefing of the known circumstances surrounding the incident for the personnel involved in the investigation. During the briefing, I learned Orange County Sheriff’s Department (OCSD) Deputy WILLIAM BURK and his canine partner Diesel had been requested by SAPD to conduct an article search of the incident scene and surrounding area. The purpose of the search was to locate any weapon or other evidence that might have been discarded by GUILLEN. BURK and Diesel were unable to locate any weapons or other evidence. See OCSD Canine Use report #12-188132. After the briefing the following assignments were made: • PAUL CARVO / PAUL KELLY / ANDY ALVAREZ (SAPD) Case Investigators • RICK BRADLEY / DOMINGO CABRERA (SAPD) Scene • TOM CONKLIN / SERGEANT BOB WOODING (SAPD) Officer Processing • ANDREW ROSS / DEAN FULCHER (SAPD) Hospital • FRANK CARDENAS / LEO RODRIGUEZ (SAPD) Canvass Interviews • FRANCISCO REYNOSO / JIM GARCIA (SAPD) Canvass Interviews • BRETT ANDERSEN / GUS MOROYOQUI (SAPD) Canvass Interviews Other reports related to this incident are listed below: • Santa Ana Police Department, case # 12-31262 • Orange County Crime Lab FR# 12-55780 • Orange County Fire Authority incident report #12-083372 • Orange County Sheriff’s Department Canine Use Report #12-188132 INITIAL SCENE INVESTIGATION/EVIDENCE COLLECTION The following personnel from the Orange County Crime Lab (OCCL) completed the processing of the scene under FR# 12-55780: S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 3 of 22 •ANDREW HAYES Forensic Specialist •LINDSEY OLSON Forensic Specialist •JENNIFER JARRETT Forensic Scientist •RICHARD PATRON Forensic Scientist Scene Description The scene was described as follows: The incident occurred in the rear yard of 210 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 South Birch Street along the west property line of the residences on the west side of South Birch Street. There is also 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 West Pine Street. The two alleys intersect directly behind 210 South Birch Street. Both alleys have concrete surfaces. The residence at 210 South Birch Street is 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 is bordered by a chain link fence. Along the north property line there is a block wall. At the west side of the south property line, there is the north wall of a single story one car garage. That garage is part of the property S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 4 of 22 located at 214 South Birch Street. From the east side of that garage wall to the front of the residence at 210 South Birch Street, there is a block wall along the south property line. The property has a large rear yard. At the west side and near the middle of the rear yard, there is a single story single car garage that has been converted into an out building. To the south side of the out building, there is a concrete driveway large enough for two cars. The double car width driveway extends from the west property line to the east wall of the out building. The driveway then narrows to a single car width driveway that extends to the west wall of the residence. There is 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 allows access to the driveway for 210 South Birch Street from the alley. 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 Street there is a telephone pole with a street lamp. The lamp extends 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 assigned to Santa Ana Police Officers DAVID ENRIQUEZ and ANTONIO GRAHAM. The unit was equipped with 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 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 S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 5 of 22 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. It was 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 east 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 , 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. •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 in the driveway located on the south side of 414 West Walnut Street. This driveway is located at the northwest S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 6 of 22 corner of the two intersecting alleys where this incident occurred. 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 in the driveway located on the south side of 414 West Walnut Street. This driveway is located at the northwest corner of the two intersecting alleys where this incident occurred. 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 Street and 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. •Vehicle #9: 1990 Nissan pick-up truck, 2 door, primer gray, 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 2008 Buick. The vehicle was unoccupied. Scene Examination S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 7 of 22 The shooting occurred in the rear yard at 210 South Birch Street. The chain link gate separating the west alley of South Birch Street from the rear yard of 210 South Birch Street was closed at the time of the shooting. The hasp of the lock used to secure the gate was cut after the shooting. There were two cartridge casings, head stamp “WINCHESTER 40 S&W” (evidence marker #1 and #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. There was a cartridge 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 cartridge 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 was a body of a master lock (evidence marker #5) in the alley slightly west of the cartridge 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 a 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 S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 8 of 22 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 apparent 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, there 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. 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), was on the driveway slightly north of the south perimeter wall and west of the right rear of the Chevrolet Camaro. The clothing was reportedly cut off of JAIME LOPEZ GUILLEN while he was being treated at the scene. There was apparent blood on the left front of the jeans and on the front of the white T- shirt. Mixed among the clothing were 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. S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 9 of 22 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 with 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. 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. 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 further into the seat. It appeared the bullet fragment found on the rear seat was responsible for the impact mark on the seat back. S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 10 of 22 Investigation revealed there was no apparent exit hole for the bullet impact hole located at photographic marker “C”. On October 23, 2012, at approximately 0835 hours, OCCL Forensic Specialists SUSAN MOORE and RACHEL KAPP returned to 214 South Birch Street to attempt to recover the bullet that went into the wall of the single story garage located at the northwest end of the property. The bullet could not be recovered during the initial scene investigation due to the inability to contact the residents and gain access to the rear yard and out building. Upon further investigation, it was determined that the bullet had passed through the north exterior wall of the out building (Photographic marker #C) and had entered the east interior plasterboard wall, striking a vertical support beam. It appeared the bullet may have exited the splintered support beam and fallen to the bottom of the interior of the wall. It was determined that in order to retrieve the bullet, OCCL personnel would have had to cut a large hole in the interior wall extending down from the bullet strike hole to possibly the floor. The damage to the wall caused by the cut would have been extensive. Due to the circumstances surrounding the shooting and the extent of damage that would be caused by attempting to recover the bullet, it was determined the efforts to retrieve the bullet would be discontinued at that point. OCCL Forensic Specialist HAYES took 123 digital images of the scene and the evidence during the initial scene investigation. OCCL Forensic Specialist KAPP took 49 digital images of the garage and prepared a sketch during the secondary scene investigation at 214 South Birch Street. The following items of evidence were collected by OCCL Forensic Scientist JARRETT at 0213 hours. The items were collected under the following evidence marker (EM) numbers: S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 11 of 22 •EM#1 – One .40 caliber cartridge casing, head stamp “WINCHESTER 40 S&W” •EM#2 – One .40 caliber cartridge casing, head stamp “WINCHESTER 40 S&W” •EM#3 – One .40 caliber cartridge casing, head stamp “WINCHESTER 40 S&W” •EM#4 – One .40 caliber cartridge casing, 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 – GUILLEN’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 Specialist OLSON collected one pair of blood stained boxer shorts from WMCSA. SAPD personnel 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. On October 23, 2012, OCDA Investigator ANDREW ROSS collected a vial containing GUILLEN’s pre-transfusion/admitting blood from WMCSA. On October 23, 2012, at approximately 0245 hours, OCDA Investigator TOM CONKLIN went to the Santa Ana Police Department and observed OCCL Forensic Specialist LINDSEY OLSON process the following Santa Ana police officers: • Officer DAVID ENRIQUEZ • Officer ANTONIO GRAHAM S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 12 of 22 OLSON photographed ENRIQUEZ and collected a Glock, Model 22, .40 caliber, semi- automatic pistol, serial number KEZ535, from him. There was one .40 caliber cartridge in the chamber, and eleven .40 caliber cartridges in the magazine in the pistol. The magazine had a capacity of 15 rounds. OLSON also collected two additional magazines from ENRIQUEZ’s gun belt. These magazines each contained the maximum 15 cartridges. OLSON photographed GRAHAM and conducted a round count of his primary and back- up firearms. GRAHAM’s primary firearm was a Glock, Model 22, .40 caliber, semi-automatic pistol. There was one .40 caliber cartridge in the chamber, and 15 .40 caliber cartridges in the magazine in the pistol. The magazine had a capacity of 15 rounds. GRAHAM had two additional magazines on his gun belt. Each of these magazines contained the maximum 15 cartridges. GRAHAM’s back-up firearm was a Glock, Model 27, .40 caliber, semi-automatic pistol. There was one .40 caliber cartridge in the chamber, and nine .40 caliber cartridges in the magazine. The magazine had a capacity of nine rounds. No items were collected from GRAHAM. During the processing of Officer ENRIQUEZ, the following injuries from the incident were observed and photographed by OLSON: • Small laceration to right wrist • Small laceration to left palm During the processing of Officer GRAHAM, the following injury from the incident was observed and photographed by OLSON: • Small laceration to left palm INTERVIEWS I conducted the following audio digitally recorded interviews: • ANTONIO GRAHAM Santa Ana Police Officer S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 13 of 22 • NETZHER MURO Orange County Fire Authority Paramedic OCDA Investigator ANDREW ROSS conducted the following audio digitally recorded interviews: • WMCSA Trauma Nurse • OCDA Investigator FRANCISCO REYNOSO conducted 19 audio digitally recorded canvass interviews. OCDA Investigator FRANK CARDENAS conducted 14 audio digitally recorded canvass interviews. OCDA Investigator BRETT ANDERSEN conducted 16 audio digitally recorded canvass interviews. SUMMARY OF EVENTS During the course of this investigation, 53 interviews were conducted. After reviewing witness statements, SAPD reports, SAPD radio traffic, 9-1-1 calls, Orange County Fire Authority (OCFA) reports, Orange County Crime Lab reports, incident scene photographs, and other relevant reports and materials, the following summary of events was developed as a result of this investigation: On the night of October 22, 2012, JAIME LOPEZ GUILLEN was visiting his girlfriend, , at her house, which is located at Street in Santa Ana. GUILLEN and were in the alley on the west side of house, visiting with brother, , and his friend, . GUILLEN was drinking alcohol and became intoxicated. He became belligerent and was showing off a black handgun (pellet gun) that he had concealed in his waistband. S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 14 of 22 decided to leave because he did not want any trouble, and he went home. and tried to get GUILLEN to calm down, but he walked away from the group toward Santa Ana High School. and followed GUILLEN at a distance as he walked onto the campus of Santa Ana High School, located at 520 West Walnut Street. At approximately 2205 hours, and left the Santa Ana High School auditorium after attending a church function. They walked toward the parking lot located at the southeast corner of Walnut Street and Flower Street. As they walked west on the sidewalk, they passed GUILLEN, who was sitting on the sidewalk talking on his cell phone. After they passed GUILLEN, they noticed GUILLEN had stood up and was following them. and stopped walking and turned toward GUILLEN. GUILLEN walked up to and pointed a black handgun at his forehead. GUILLEN asked where he was from and demanded money. removed approximately $12.00 from his pants pocket and gave it to GUILLEN. While he was doing this, ran away in an easterly direction. GUILLEN took the money from and started chasing . ran to the high school auditorium and hid from GUILLEN. told several of his fellow church members, who were still in the auditorium, that GUILLEN had just robbed at gunpoint. GUILLEN ran eastbound through the Santa Ana High School campus toward Ross Street. and saw GUILLEN running through the campus with the gun in his hand. They saw him stop and hide the gun in some bushes on the high school campus. retrieved it and later hid it in a cupboard in home. The gun was later recovered and collected by SAPD. S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 15 of 22 After hiding the gun, GUILLEN continued to run eastbound from the high school. Several of the men from the church function ran after GUILLEN and called 9-1-1 to report the incident. These men did not see GUILLEN stop and hide the gun. They followed GUILLEN to the area of Ross Street between Walnut Street and Pine Street. At approximately 2208 hours, SAPD Dispatch received several 9-1-1 calls regarding a male subject armed with a gun at Santa Ana High School. The callers reported that the male subject had just robbed a man at gunpoint and was now running eastbound through the high school campus carrying a gun. Some of the callers reported that they were following the armed subject. The 9-1-1 callers described the armed suspect as a Hispanic male, approximately 23 years old, wearing a brown sweater or black hoody. They said he was last seen in the area of Ross Street and Pine Street. At approximately 2209 hours, Santa Ana Police Officers DAVID ENRIQUEZ and ANTONIO GRAHAM, call sign 352-Alpha, were dispatched to the area of Santa Ana High School regarding a man running through the campus, armed with a gun. ENRIQUEZ and GRAHAM were working in a two-man marked Santa Ana Police car. ENRIQUEZ was the driver officer, and GRAHAM was the passenger officer. SAPD Dispatch told ENRIQUEZ and GRAHAM that they had received numerous calls regarding the man with a gun, and he was possibly chasing someone on the school campus. SAPD Dispatch described the suspect as a Hispanic male wearing a brown sweater, who was last seen in the area of Pine Street and Ross Street. At approximately 2211 hours, ENRIQUEZ and GRAHAM arrived in the area of Ross Street and Pine Street. Approximately 38 seconds later, SAPD Dispatch told the officers they had S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 16 of 22 received another call reporting that the man with the gun had actually robbed someone on the high school campus. In his voluntary statement, GRAHAM said, due to the number of calls received regarding the man with a gun, he took his duty pistol out of his holster and held it in his lap as they arrived at the scene. They saw several men standing in the middle of Ross Street near an east/west alley that runs between Walnut Street and Pine Street. The men were waving their arms to get the officers’ attention. As ENRIQUEZ and GRAHAM pulled up, the men pointed east down the alley at a male subject, later identified as JAIME LOPEZ GUILLEN, who was in the backyard of 210 South Birch Street. GUILLEN was visible through a chain link fence separating the backyard from the alley. GUILLEN was not wearing a brown sweater or hoody as described in the original call; however, the men told ENRIQUEZ and GRAHAM that GUILLEN was the man with the gun. GRAHAM said, in his experience, it is common for suspects to take off outer layers of clothing when they are fleeing a crime scene in order to avoid detection. ENRIQUEZ and GRAHAM drove their police car eastbound in the alley with all of the car’s lights turned off. They could see GUILLEN pacing in the backyard, as if he was looking for a way to escape. ENRIQUEZ and GRAHAM parked their police car approximately 50 feet west of the chain link fence and exited it. They walked toward the chain link fence, both with their duty pistols pointed at GUILLEN. ENRIQUEZ walked to the north side of the chain link fence, and GRAHAM walked to the south side. GRAHAM ordered GUILLEN to put his hands up, but GUILLEN did not immediately comply. GUILLEN continued to pace around in the backyard, as if he was looking for a way to escape. GRAHAM described GUILLEN as appearing agitated and as if S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 17 of 22 he was under the influence of drugs or alcohol. ENRIQUEZ radioed to SAPD Dispatch that they had a suspect at gunpoint. GRAHAM ordered GUILLEN several times to put his hands up, but GUILLEN did not immediately comply. After several commands, GUILLEN put his hands up. GRAHAM then ordered GUILLEN to get on the ground. Again, GUILLEN did not immediately comply. He got down on his knees but continued to look back and forth, as if he was looking for a place to escape. GRAHAM continued to order GUILLEN to get all the way on the ground. After several commands, GUILLEN finally lay down on his stomach with his head facing GRAHAM. GUILLEN was lying on the ground on the north side of the pickup truck that was parked in the backyard. GRAHAM ordered GUILLEN to look away from him and put his face all the way on the ground. However, GUILLEN kept his head up off of the ground and continued to look around him. GRAHAM believed GUILLEN was looking for a way to escape. GUILLEN then began to push his upper body off the ground, as if he was going to get up to escape. GRAHAM ordered him to stay on the ground. GRAHAM decided he had to climb over the chain link gate to take GUILLEN into custody. He holstered his pistol and began climbing the approximate seven foot tall chain link gate. As GRAHAM was climbing over the gate, GUILLEN got up and ran east between the south wall of the backyard and the south side of the pickup truck. GRAHAM jumped over the gate and landed in the backyard on the north side of the pickup truck. GRAHAM ran east along the north side of the pickup truck in an attempt to cut off GUILLEN. While GRAHAM was running along the north side of the pickup truck and GUILLEN was on the south side of the pickup truck, GUILLEN stumbled over some trash cans that were along S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 18 of 22 the south side of the pickup truck. At that time, GRAHAM could not see GUILLEN’s hands or torso. ENRIQUEZ, who declined to provide a voluntary statement, fired four shots at GUILLEN. GRAHAM heard four gunshots come from the area of the alley where ENRIQUEZ was positioned. GRAHAM glanced over his shoulder and saw ENRIQUEZ still standing in the alley with his pistol pointed toward GUILLEN. GUILLEN continued to run eastbound after the shots were fired. GUILLEN ran toward a car that was covered by a tarp and began trying to climb past it. The car was parked very close to the south wall of the backyard, and GUILLEN was trying to get past the car to continue eastbound toward Birch Street. GRAHAM caught up to GUILLEN as he was trying to climb past this car. GRAHAM grabbed GUILLEN’s left shoulder and started to pull him back. GUILLEN turned toward GRAHAM but continued to try to pull away. GRAHAM then punched GUILLEN in the face and forced him to the ground between the car and the south wall of the backyard. Additional officers arrived, and GUILLEN was handcuffed. GRAHAM searched GUILLEN for weapons but did not find any. While searching GUILLEN for weapons, GRAHAM noticed blood on his hand and realized GUILLEN had been shot. SAPD Corporal BRETT NELSON arrived, began administering first aid to GUILLEN, and called for paramedics. At approximately 2222 hours, Orange County Fire Authority (OCFA) Paramedic NETZHER MURO arrived at the scene. He examined GUILLEN’s injury, which MURO described as a through-and-through gunshot wound to the left upper thigh and buttock. MURO said the smaller of the two wounds was on the front part of GUILLEN’s thigh, and the larger of the two wounds was on GUILLEN’s left buttock. MURO described GUILLEN’s condition as being stable, S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 19 of 22 but he was also uncooperative and belligerent. MURO could smell the odor of an alcoholic beverage on GUILLEN’s breath and person. GUILLEN refused to give his name or provide any medical history. GUILLEN said that he had been walking with his girlfriend when someone shot him. He did not know who had shot him. MURO accompanied GUILLEN when he was transported to Western Medical Center- Santa Ana (WMCSA) by CARE Ambulance. At approximately 2242 hours, they arrived at WMCSA, where GUILLEN was admitted to the Trauma Unit. was the trauma nurse assigned to care for GUILLEN when he was admitted. According to , Trauma Surgeon examined GUILLEN and determined he had suffered an apparent gunshot wound to the left thigh. The apparent gunshot wound appeared to be a through and through wound that affected the left lateral and left anterior thigh. The entrance/exit wound was not determined. During treatment, GUILLEN stated he had been “shot,” but he did not provide further details. GUILLEN admitted consuming alcoholic beverages that evening; however, he denied using any narcotics. On October 23, 2012, at approximately 0100 hours, GUILLEN was interviewed at WMCSA. During the interview, GUILLEN gave several inconsistent stories regarding how and where he got shot. Initially, GUILLEN said he got shot in the leg as he exited a McDonald’s restaurant on First Street in Santa Ana. At that time, he claimed he did not see or hear who shot him. Later, GUILLEN claimed he was walking through the Santa Ana High School campus when an unknown male Hispanic gang member ran by and shot him in the leg. GUILLEN thought the unknown assailant was a “Townsend Street” gang member. After he was shot by the gang member, GUILLEN said he hid behind a car until a Santa Ana police officer found him and gave S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 20 of 22 him commands at gunpoint. GUILLEN said the SAPD officer handcuffed him and then called paramedics to treat him. At no point during the interview did GUILLEN claim he was shot by a police officer. EVIDENCE ANALYSIS FIREARMS EXAMINATION: Orange County Crime Lab Forensic Scientist THOMAS MATSUDAIRA completed the firearm and projectile examination in reference to this case. POLICE OFFICER DAVID ENRIQUEZ – Glock Model 22 pistol, .40 Smith & Wesson caliber, serial #KEZ535 The Glock pistol was test fired and operated without malfunction. S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 21 of 22 PROJECTILE EXAMINATIONS: Evidence Marker Description Weight (grains) Comments EM 6 (1) Winchester SXT jacketed hollow point bullet fragment 78 Marks from right twist polygonal rifling. Sustained too much damage to determine caliber. Unsuitable for microscopic comparison EM 9 (1) .40 Smith & Wesson caliber Winchester SXT jacketed hollow point bullet 176 Marks from six-sided right twist polygonal rifling. Shares class characteristics with the Glock pistol. EM 10 (1) Winchester SXT jacketed hollow point bullet jacket fragment 13 Marks from right twist polygonal rifling. Sustained too much damage to determine caliber. Unsuitable for microscopic comparison EM 13 (1) Lead fragment 40 Lacks marks suitable for classification CARTRIDGE CASING EXAMINATIONS: The four fired cartridge cases from the scene (EM1–EM4) were Winchester brand, .40 Smith & Wesson caliber. They were microscopically compared to the test fired cartridge cases from the Glock pistol belonging to Officer ENRIQUEZ. All four were determined to have been fired by the Glock pistol. TOXICOLOGICAL EXAMINATION: A sample of GUILLEN’s pre-transfusion/admitting blood, collected at WMCSA, was later analyzed by OCCL and showed a The blood sample was also . S.A. 12-026 Investigator: P. Carvo Approved By: Date of Report: January 23, 2013 Date: 01/29/13 Page 22 of 22 BACKGROUND INFORMATION GUILLEN’s criminal history dates back to 2011. He has been previously arrested for the following charges: • • • • • • • • GUILLEN does not have a valid driver’s license or California identification card.