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HomeMy WebLinkAboutOIS2013.007_Int of Stephen Chavez by Wood_releasable S.A. 13-017 Investigator: ED WOOD Approved By: Date of Report:11/05/2013 Date: 11/14/2013 Page 1 of 5 CASE NAME: ARELLANO, HANS KEVIN CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL) INTERVIEW OF: STEPHEN CHAVEZ, POLICE OFFICER SANTA ANA POLICE DEPARTMENT PRESENT: PATRICIA NAVARRO, DETECTIVE SANTA ANA POLICE DEPARTMENT JIM GARCIA, DETECTIVE SANTA ANA POLICE DEPARTMENT DATE AND TIME: JULY 30, 2013 1920-1946 HOURS LOCATION: SANTA ANA POLICE DEPARTMENT 60 CIVIC CENTER PLAZA, SANTA ANA, 92702 On the above date and time, I conducted an audio digital recorded interview of Santa Ana Police Department, Police Officer STEPHEN CHAVEZ, regarding the officer involved shooting incident of HANS KEVIN ARELLANO. Prior to the interview, I ascertained that CHAVEZ was willing to provide a voluntary statement and did not feel compelled to give a statement related to this investigation. The following is a summary of the interview: CHAVEZ was employed by the Santa Ana Police Department (SAPD) for approximately twenty five years and was assigned to the west end patrol division as a uniformed police officer. At the time of the incident, CHAVEZ was assigned to day shift, in a one man unit, and drove a marked Santa Ana police unit, a Ford Crown Victoria, (call sign # 123) black and white in color. ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION INTERVIEW REPORT S.A. 13-017 Investigator: ED WOOD Approved By: Date of Report:11/05/2013 Date: 11/14/2013 Page 2 of 5 CHAVEZ was wearing his full duty uniform consisting of a dark blue trousers and long sleeve shirt, with Santa Ana Police Department shoulder patches on both shoulders, police badge above the left breast pocket, a Sam Browne gunbelt consisting of a .40 caliber Glock, model 22, semi-automatic pistol, two spare pistol magazines, an X26 Taser, and a wooden baton. For approximately the last ten years, CHAVEZ has contacted transients, who frequent the area of 622 South Harbor Boulevard, a strip mall located on the northwest corner of South Harbor Boulevard and West McFadden Street. The transients had taken up temporary residence in the northwest portion of the parking lot. CHAVEZ had been communicating with the owners of the various businesses in this strip mall on and off for approximately the past ten years, and several business owners have complained to him on numerous occasions regarding the transient problem in this specific area. On July 29, 2013, while on duty, CHAVEZ was approached by several business owners in the complex and made aware that the transient problem had returned and the transients were congregating specifically, in the dumpster area, located at the northwest portion of the parking lot, of 622 South Harbor Boulevard. CHAVEZ made contact with some of the transients in the dumpster area and noticed they had made a “make shift hut” out of some discarded mattresses. CHAVEZ told the transients they could not sleep in the dumpster area and needed to tear down the mattresses and move on. CHAVEZ was also approached by the owner of Café Lu, which is located at the northwest portion of the strip mall, south of the dumpsters. CHAVEZ was informed that a male transient had been in the business and refused to leave. The transient had also approached the women S.A. 13-017 Investigator: ED WOOD Approved By: Date of Report:11/05/2013 Date: 11/14/2013 Page 3 of 5 that worked there. The owner asked CHAVEZ for his help. CHAVEZ contacted two other SAPD patrol officers and asked them to conduct high visibility patrol checks in this area. On July 30, 2013, at approximately 1445 hours, CHAVEZ cleared an assigned dispatch call with his partner, SAPD Officer JESSICA GUIDRY, when he drove to the strip mall at South Harbor Boulevard and West McFadden Street to conduct a “sweep” through the parking lot. When CHAVEZ drove into the parking lot, he saw that the mattresses had been rebuilt and were back up. CHAVEZ pulled his police unit into the northwest corner of the parking lot and positioned his unit facing south towards the dumpster and the mattress area. CHAVEZ exited his patrol unit and walked over to the dumpster area. CHAVEZ saw a syringe lying on a mattress, a small “I-POD” type speaker and a Pepsi can bottom, with a Q Tip / cotton swab, typically used to inject heroin. CHAVEZ did not see anyone in the area. CHAVEZ walked into the back door of Café Lu to verify they were not having any problems inside of the business. CHAVEZ told the owner he was keeping an eye out for the transients. CHAVEZ walked out of Café Lu and walked north past a metal gate to an electrical box sitting on top of a raised concrete slab / platform. CHAVEZ saw a male, later identified as: HANS KEVIN ARELLANO, wearing a gray shirt with his back to him, facing the wall “messing” with a round cylindrical I-POD speaker in his hand. CHAVEZ asked ARELLANO what he was doing. ARELLANO responded by saying, “Fuck you.” CHAVEZ told ARELLANO he could not be back here and told him to get his things together and leave. ARELLANO responded again by saying, “I don’t have to do anything, fuck you!” CHAVEZ saw that there was an open “Steel Reserve” malt liquor beer, in a brown paper bag, next to ARELLANO. CHAVEZ told ARELLANO that he needed to get his things together and leave or he would be arrested for drinking in public. ARELLANO made another derogatory comment S.A. 13-017 Investigator: ED WOOD Approved By: Date of Report:11/05/2013 Date: 11/14/2013 Page 4 of 5 to CHAVEZ and CHAVEZ again told him to leave the area or he would take him to jail. ARELLANO said, “I don’t have to fucking listen to you!” CHAVEZ suspected that ARELLANO was possibly under the influence of drugs because he appeared to be severely agitated and his skin appeared to be “Glistening.” CHAVEZ broadcasted to SAPD dispatch that he was out on a patrol check with a subject in the area of McFadden and South Harbor. CHAVEZ’ radio transmission did not get broadcasted and SAPD dispatch asked him to verify his location. CHAVEZ again attempted to broadcast his location with SAPD dispatch, but now ARELLANO began to yell and he was not able to get his transmission broadcasted over the air. SAPD dispatch asked CHAVEZ a third time to repeat his location. ARELLANO continued to yell and curse at CHAVEZ. ARELLANO stated he did not need to do what anybody told him to do. CHAVEZ broadcasted to SAPD dispatch, “I’m out with a “415” subject refusing to leave, roll me a follow.” (415: California penal code section for disturbing the peace). CHAVEZ heard GUIDRY respond over the radio that she was close to his location and would respond. ARELLANO became more agitated and CHAVEZ told him to turn around and place his hands behind his back. ARELLANO stood up on the raised concrete slab and put his hands on top of the metal utility box. CHAVEZ told ARELLANO to place his hands behind his back again, and ARELLANO turned around and faced CHAVEZ. CHAVEZ began to put his gloves on figuring he would have to arrest ARELLANO. ARELLANO became enraged and started to yell. ARELLANO then said, “Oh fuck no, I’m not doing that” and took off running south bound past Café Lu to the end of the strip mall. CHAVEZ did not pursue ARELLANO and lost sight of him at the south end of the strip mall. S.A. 13-017 Investigator: ED WOOD Approved By: Date of Report:11/05/2013 Date: 11/14/2013 Page 5 of 5 CHAVEZ told GUIDRY off channel that ARELLANO had ran off, and told her his direction of travel, his approximate age and his physical description. CHAVEZ walked back to his unit and heard GUIDRY say, “I think I got him northbound Harbor.” CHAVEZ was right in front of Café Lu and began to back his unit up. CHAVEZ heard GUIDRY broadcast over the radio to “send me a follow code 3.” (Code 3, make your response immediate). CHAVEZ proceeded to drive to GUIDRY’s location and when doing so he heard GUIDRY broadcast over the radio a “998.” (Officer involved in gun a battle). When CHAVEZ arrived at GUIDRY’s location, in front of “Jugo’s La Tropicana” juice bar, CHAVEZ saw ARELLANO lying on the sidewalk, to the front of the business and Officer GUIDRY was standing off to his side. GUIDRY requested that paramedics respond and CHAVEZ began to cordon off the incident scene perimeter and assign duties to the additional officers who arrived on scene. CHAVEZ did not witness the shooting incident, nor did he hear any gunshots. CHAVEZ verified that the subject lying on the sidewalk (ARELLANO) was the same subject who ran from him when CHAVEZ initially contacted him behind Café Lu. CHAVEZ did not have any physical contact with ARELLANO, and had not had any prior contacts with ARELLANO, nor did he know who he was prior to the contact he had with him on this date.