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Home My WebLink About19-05804 Crime Report_RedactedPerson:Cpl. D. ALCALA #3226 Involvement:VICTIM 187(a) PC - MURDER (INC. NEGLIGENT MANSLAUGHTER) Description:Male, Unknown Address/Resides:60 CIVIC CENTER PLAZA, Santa Ana, CA 92701 Address Note:60 CIVIC CENTER PLAZA Employer:SANTA ANA POLICE DEPARTMENT: 60 CIVIC CENTER PLAZA, Santa Ana, CA 92701 Contact Info:Work: (714) 245-8701 Employer Phone:Work: (714) 245-8701 Scars, Marks, Tattoos, Oddities: How Assaulted:Shot or Shot At Injured:No: Severity of Injury:None Aggravated Assault Circs:ASSAULT ON LAW ENFORCEMENT OFFICER Person:Deputy Probation Officer C. PINTO, ID# 91 Agency:Orange County Probation Involvement:LEO Description:Male, Unknown Identification:Driver License: Address/Resides:909 N MAIN ST, Santa Ana, CA 92701 Address/Associated: Employer:ORANGE COUNTY PROBATION DEPARTMENT Contact Info: Employer Phone:Work: (714) 569-2000 Scars, Marks, Tattoos, Oddities: Person:Probation Officer L. IBARRA, ID# 365 Agency:Orange County Probation Involvement:LEO Description:Male, Unknown Identification:Driver License: Address/Resides:909 N MAIN ST, Santa Ana, CA 92701 Address/Associated: Employer:ORANGE COUNTY PROBATION OFFICE Contact Info: Employer Phone:Work: (714) 569-2000 Scars, Marks, Tattoos, Oddities: Santa Ana PD 2019-05804 2 of 10 Person:Forensic Scientist Allison Flattum Agency:Orange County Sheriff-Coroner Involvement:LEO Description: Identification:Driver License: Address/Resides:320 N. Flower Street, Santa Ana, CA Address/Associated: Contact Info: Scars, Marks, Tattoos, Oddities: Person:Forensic Scientist Jennifer Jarrett Agency:Orange County Sheriff-Coroner Involvement:LEO Description: Identification:Driver License: Address/Resides:320 N. Flower Street, Santa Ana, CA Address/Associated: Contact Info: Scars, Marks, Tattoos, Oddities: Person:Forensic Scientist S Walker Agency:Orange County Sheriff-Coroner Involvement:LEO Description: Identification:Driver License: Address/Resides:320 N. Flower Street, Santa Ana, CA Address/Associated: Contact Info: Scars, Marks, Tattoos, Oddities: Person:Forensic Specialist RAYMOND FAUSTO Agency:Orange County Sheriff-Coroner Involvement:LEO Description: Identification:Driver License: Address/Resides:320 N. FLOWER, Santa Ana, CA Address/Associated: Contact Info: Scars, Marks, Tattoos, Oddities: Santa Ana PD 2019-05804 3 of 10 Person:LEAD FORENSIC SPECIALIST AIDE SATAGUM Agency:Orange County Sheriff-Coroner Involvement:LEO Description: Identification:Driver License: Address/Resides:320 N. FLOWER STREET, Santa Ana, CA Address/Associated: Contact Info: Scars, Marks, Tattoos, Oddities: Person:Oscar Penaloza ALVARADO Involvement:ARRESTEE 187(a) PC - MURDER (INC. NEGLIGENT MANSLAUGHTER) 186.22(b)(1) PC - COMMIT A FELONY BENEFITTING A CRIMINAL STREET GANG AKA/Alias/Nickname:Nickname: SMOKEY Moniker, Association, Gang:SMOKEY, Member with DELHI Description:Male, Hispanic DOB:5/16/1996 Identification:Driver License: CII Number: Social Security Number: Address/Resides: Scars, Marks, Tattoos, Oddities: SAPD Personnel:Rodriguez, Julian 2836 Involvement:Supervisor SAPD Personnel:McClaskey, Paul 3110 Involvement:Investigating SAPD Personnel:Judson, Michael 2334 Involvement:Assisting SAPD Personnel:Lemmon, Matthew 3174 Involvement:Assisting SAPD Personnel:McLeod, Matthew 2770 Involvement:Assisting SAPD Personnel:Nunez, Eddie 2564 Involvement:Assisting SAPD Personnel:Gomez, Francisco 2706 Involvement:Assisting SAPD Personnel:Moroyoqui, Gus 2727 Involvement:Assisting SAPD Personnel:Garcia, Andy 3233 Involvement:Reporting Santa Ana PD 2019-05804 4 of 10 Narrative: Narrative RELATED CASE NUMBERS: Orange County District Attorney¶s Office: CI# SA 19-004 Orange County Crime Lab: FR# 19-43342 EVIDENCE: Orange County Crime Lab (OCCL) Forensic Scientist A. Flattum coordinated the documentation and collection of the evidence. Senior Forensic Specialist Aide Satagum and L. Olsen assisted Flattum with the processing of the crime scene. Flattum photographed and documented the crime scene. Refer to Flattum¶s CSI report for further details. WEATHER AND LIGHTING: The weather condition at 2245 hours was rainy and cloudy with a temperature of approximately 55 degrees Fahrenheit. The winds were from the north/northwest at approximately 3mph. This information was obtained from The Weather Channel website. At the time of my arrival, 2240 hours, the ground was wet and the lighting was provided by ambient moonlight and electrical lighting fixtures, which were affixed to light poles located on the 1000 block of east Occidental Street and the west alley adjacent to the 1800 block of south Evergreen Street. SCENE: The scene was located approximately 30 feet north of the T-intersection of the west alley of 1800 S. Evergreen and Occidental Streets, Santa Ana, county of Orange. The 1600-1800 block of south Evergreen Street runs in a north-south direction and is primarily comprised of two-story apartment buildings on the east and west sides of the street. The 1600-1800 block of south Cedar Street also runs in a north-south direction and is primarily comprised of two-story apartment buildings on the east side of the street and a SAPD Personnel:Capacete, Justo 2998 Involvement:Assisting SAPD Personnel:Peralta, Johnny 3602 Involvement:Assisting SAPD Personnel:Martinez, Elias 3349 Involvement:Assisting SAPD Personnel:Solorio, Ernesto 3249 Involvement:Arresting SAPD Personnel:Lizardi, Oscar 2629 Involvement:Supervisor SAPD Personnel:Rodriguez, Julian 2836 Involvement:Report Approver Item 1)Involvement (Evidence) Cell Phone / Cell Phone Equipment, LG, Black LG touch screen cell phone, Item 2)Involvement (Evidence) OTHER, Black Men's wallet and a black jumbo marker. , Santa Ana PD 2019-05804 5 of 10 mixture of residences as well as apartment buildings along the west side of the street. The1000 block of east Occidental Street runs in an east-west direction and is comprised of residential homes, garage structures and apartment complex buildings. Cedar and Evergreen Streets both have a two (2) lane (one (1) lane each for north and south travel), asphalt paved road, as controlled by single stop signs, which are located on the QRUWKZHVW FRUQHU RI WKH LQWHUVHFWLRQ DW (GLQJHU $YHQXH UHVSHFWLYHO\ 2FFLGHQWDO 6WUHHW DOVR has a two (2) lane (one (1) lane each for north and south travel), asphalt paved road as controlled by singular stop signs, located on the intersections with Evergreen and Cedar Streets. An asphalt/concrete paved alley is located between the 1600-1800 blocks of south Cedar and Evergreen Streets. Multiple garage structures are located along the east side of this alley, which are comprised of cream colored wood siding and stucco. The west side of this alley is comprised of a long carport with a metal roof covering several parking spaces. Each space is delineated by white lines and each space backs into a black wrought iron fence. Large metal green trash dumpsters are located between some garage structures and under the carport along both sides of the alley. Large wooden telephone poles were also located along the east side of this alley. These poles were made of brown wood and were approximately 140 feet apart from one another. Furthermore, parked along the west border of the aforementioned alley were several vehicles, which appeared to be SULYDWHO\ RZQHG DQG QRW LQYROYHG LQ WKH LQYHVWLJDWLRQ EHLQJ FRQGXFWHG 7KHVH YHKLFOHV ZHUH OHJDOO\ SDUNHG ZLWKLQ WKH above-indicated marked parking stalls. Some of these stalls were occupied and some were vacant at the time of my DUULYDO 7KLV DOOH\ ZDV DOVR VWUHZQ ZLWK ZKDW DSSHDUHG WR EH JDQJ JUDIILWL 7KH IROORZLQJ JUDIILWL ZDV QRWHG RQ WKH ZHVW and south-facing apartment complex structures and their corresponding detached garage strucures: ³Delhi´ ³D13´ ³DX3R´and ³Psycho´ Yellow and red crime scene tape secured the scene to the east along the covered carports and next to the wrought iron fencing. The tape extended along the north sidewalk of Occidental Street and the detached garage structures along the east side of this alley. It also cordoned off several sections of the alley to the north of where the crime scene was situated. The crime scene restricted ingress and egress to the above indicated crime scene by both vehicular and pedestrian traffic accessible by sidewalk or alley way. There were police offices posted at each end of the perimeter, as well as within, in order to secure and preserve the crime scene. A Santa Ana Police Department police vehicle was parked facing north in the alley, directly west of the detached garage belonging to 1818 S. Evergreen Street. This vehicle read ³Gang Unit´along the rear driver and passenger side quarter panels. The numbers ³´were located near the hood, along the bottom portion of the trunk lid and along the roof. The solid forward facing red and blue lights were on. The rear facing police strobe lights were also turned on. The front head lights were turned on. All doors and windows were closed and rolled up. The vehicle was turned on and the engine was running. This vehicle was reported to have been driven by SAPD Gang Unit Detectives Alcala DQG %RGQDU SULRU WR WKH LQFLGHQW EHLQJ LQYHVWLJDWHG Southeast of the police vehicle and next to the detached parking garage pertaining to 1822/1818 S. Evergreen Street were 3 items of evidence, identified by OCCL evidence placards bearing the numbers ³´ ³´and ³´which are identified below. These items were located next to a black mountain bike lying on the asphalt. East of the police vehicle was the detached garage structure pertaining to 1818 S. Evergreen. This structure had two garage doors which both opened westward. The north door appeared to have a projectile impact mark along the bottom portion of it, and was eventually marked with OCCL marker ³A´A similar projectile mark, which appeared to have ricochet¶off the Santa Ana PD 2019-05804 6 of 10 stucco of this same garage structure was eventually identified by OCCL marker ³B´Along the north side of this same garage structure were two more impact marks, both marked with OCCL markers ³C´and ³D´ Approximately 20 feet north of the SAPD vehicle, I observed 3 additional items of evidence marked by OCCL placards identified as ³´ ³´and ³´also identified below. Within the space between the detached garage structure belonging to 1814 and 1818 S. Evergreen, I observed two more pieces of evidence which were ultimately marked by OCCL placards ³´and ³´Next to these items of evidence were the following items, which I collected and later booked as evidence into an SAPD evidence locker: One (1) black LG touchscreen cellphone, one (1) black ³Bazi´Jumbo black permanent marker and one (1) black men¶s wallet. I collected these items at approximately 0330 hours and maintained possession of them until they were booked into an SAPD evidence locker. It should also be noted that the black mountain bike was later collected by SAPD CSI Forensic Specialist N. Martinez. For further details, refer to the photographs and crime scene investigation report documented by the Orange County Crime Lab and DA Inv. Kendrick. Items of Evidence: ±One (1) white metal cartridge case with WIN 9mm headstamp ±One (1) white metal cartridge case with WIN 9mm headstamp ±One (1) white metal cartridge case with WIN 9mm headstamp ±One (1) white metal cartridge case with WIN 40 S&W headstamp ±One (1) white metal cartridge case with WIN 40 S&W headstamp. ±One (1) white metal cartridge case with WIN 40 S&W headstamp. ±One (1) Ruger model SR9 9mm handgun (serial number 33177244). The condition of this firearm was ³off safe´and one live .9mm cartridge loaded in the chamber. This round had the exact same head stamp as evidence items 1-3. ±One (1) black generic beanie, one (1) black shirt and one (1) black hooded sweatshirt. The shirt and sweatshirt were both cut. SUMMARY: On Monday March 11, 2019 at approximately 0901 hours, Gang Suppression Unit (GSU) detectives and probation officers from the Orange County Probation Department were patrolling in the area of 1800 S. Evergreen and Cedar Streets. GSU Detectives Martinez #3349 (driver) and Solorio #3249 (front passenger) were driving a black and white marked SAPD police vehicle. Detective Alcala #3226 (driver) and Bodnar #3337 (front passenger) were also driving a separate black and white marked SAPD police vehicle. OC Probation Officers Ibarra #365 and Pinto #91 were driving an unmarked black Ford Explorer. All three vehicles traveled southbound from Standard then westbound on Occidental Street. Detectives Alcala and Bodnar continued west on Occidental Street then proceeded north in the west alley of 1800 S. Evergreen Street. Simultaneously Probation Officers Ibarra and Pinto proceeded north on Evergreen Street from Occidental Street. Finally, Detectives Martinez and Solorio drove past Evergreen Street and its adjacent west alley approaching Cedar Santa Ana PD 2019-05804 7 of 10 Street in order to also proceed northbound onto Cedar. As Detectives Martinez and Solorio drove westbound on Occidental, they drove past the mouth of the west alley of 1800 S. Evergreen Street and heard gunshots coming from behind them. While reversing their vehicle to investigate, they observed a subject later identified as suspect Oscar Alvarado Penaloza (05/16/1996) standing along the west side of the alley holding what appeared to be a handgun. He was positioned in a shooting stance, pointing the firearm in the direction of the vehicle Detectives Alcala and Bodnar were driving. (north-facing direction) At 2101 hours, Detective Solorio is involved in a foot pursuit with suspect Alvarado Penaloza. A subsequent Officer Involved Shooting (OIS) occurs during which Detective Solorio shot Alvarado Penaloza once; striking him on the left forearm. Upon being struck by gunfire, Alvarado Penaloza fell to the ground in between the detached garages pertaining to 1814 and 1818 S. Evergreen Streets and west of their respective apartment complexes. At 0902 hours, Detectives Martinez, Alcala and Bodnar arrived on scene in order to assist Detective Solorio. Detective Alcala issued an OIS/³´broadcast over the radio. All three detectives subsequently approach Alvarado Penaloza who lay on the ground in a prone position and Detective Corporal Alcala handcuffed him. A search of the immediate area resulted in the location of one (1) firearm, which was found near the OIS scene and in the area where the VXVSHFW ZDV WDNHQ LQWR FXVWRG\ $Q H[WHQGHG VHDUFK RI WKH DUHD UHVXOWHG LQ WKH ORFDWLRQ RI WKH IROORZLQJ LWHPV ORFDWHG on Alvarado Penaloza¶s person: Black LG cell phone, black men¶s wallet, black jumbo marker and three (3) cigarette lighters. As the OIS incident progressed, additional SAPD officers arrived at the scene and conducted scene containment and ZLWQHVV ORFDWLRQLGHQWLILFDWLRQ GXWLHV 'XULQJ WKLV WLPH 'HWHFWLYH &RUSRUDO $OFDOD PDGH FRQWDFW ZLWK 'HW 6RORULR DQG obtained a Public Safety Statement. During this contact, Detective Solorio stated he fired three (3) rounds at the lone VXVSHFW QRWHG WKHUH ZHUH QR SROLFH RIILFHUV LQMXUHG GXULQJ WKH LQFLGHQW DQG WKHUH ZHUH QR RXWVWDQGLQJ VXVSHFWV $IWHU providing the above-indicated information, Detectives Alcala, Solorio, Martinez and Bodnar were transported to the SAPD. Orange County Fire Authority (OCFA) paramedics responded, treated Alvarado Penaloza and eventually transported him to the Orange County Global Medical Center, Santa Ana where he received further medical treatment. As the OIS investigation continued, SAPD Investigations Bureau (IB) Crimes Against Persons (CAP), SAPD Internal Affairs and Orange County District Attorney¶s (OCDA) Office IB personnel were summoned to the scene in order to investigate the OIS. During their investigation, SAPD detectives and OCDA investigators interviewed all officers involved in the OIS, with the exception of Detective Solorio, and conducted various OIS investigative duties. For complete details of statements of victim and witnesses, as well as the arrestees statement, refer to associated sup reports under this case number. NARRATIVE: Monday, March 11, 2019 @ 2115 Hours: I received a telephone communication from SAPD CAP Detective Sergeant J. Rodriguez #2836 in regard to an OIS which occurred in the city of Santa Ana, CA. During our discussion he requested that I respond to the area of 1800 S. Evergreen Street in order to assist with the investigation into the aforementioned OIS. 2242 Hours Santa Ana PD 2019-05804 8 of 10 I arrived at the scene and met with SAPD CAP Detectives. 2245 Hours I checked into the scene with scene scribe Officer Peralta #3602 at 2245 hours. 2325 Hours I attended a briefing of this OIS incident. The briefing was conducted at 1000 E. Occidental at the ³T-intersection´of the west alley of 1800 S. Evergreen Street. Scene supervisor Sgt. O. Lizardi #2629 provided a briefing concerning the OIS being investigated. Present were Detectives from the SAPD CAP/Homicide Unit, SAPD Internal Affairs, Investigators from the OCDA Office Shooting Team, and members from the Orange County Crime Lab. During his briefing, Sgt. Lizardi advised us of the Public Safety Statement given by Detective Solorio as well as the known facts of the incident. 2341 Hours Upon Sgt. Lizardi¶V FRQFOXVLRQ RI WKH EULHILQJ , EHJDQ P\ ZDON WKURXJK DQG QRWDWLRQ RI WKH FULPH VFHQH '$ ,QY Kendrick was assigned with me. March 12, 2019 at 0005 Hours: DA Inv. Kendrick, the OCCL Forensic Specialist/Scientist personnel present and I began our documentation and H[DPLQDWLRQ RI WKH 2,6 VFHQH DQG DOO HYLGHQWLDU\ LWHPV FRQWDLQHG ZLWKLQ 3OHDVH VHH '$ ,QY .HQGULFN¶s and the OCCL personnel¶s associated reports for further information in regard to their investigative activities and observations ZKLOH RQ VFHQH 0230 Hours The above-referenced OCCL Forensic Specialist/Scientist personnel began collecting and removing items of HYLGHQFH ZLWKLQ WKH FULPH VFHQH 5HIHU WR WKHLU IRUHQVLF UHSRUWV IRU D OLVW DQG GHVFULSWLRQ RI LWHPV FROOHFWHG 0340 Hours The above-referenced OCCL Forensic Specialist/Scientist personnel completed collection and removal of evidentiary LWHPV DV ORFDWHG ZLWKLQ WKH FULPH VFHQH 5HIHU WR WKHLU IRUHQVLF UHSRUWV IRU D OLVW DQG GHVFULSWLRQ RI LWHPV FROOHFWHG 0350 Hours 7KH VHFXULW\ RI WKH 2,6 VFHQH ZDV WKHQ WHUPLQDWHG DQG UHOHDVHG WR 6$3' 3DWURO 2IILFHU &DPSL , WKHQ checked out with Officer Campi and returned to the SAPD CAP Division in order to further assist with the OIS investigation. Santa Ana PD 2019-05804 9 of 10 Detective A. Garcia #3233 Homicide Unit Santa Ana Police Department Author: Garcia, Andy 3233 BWC NOT Activated BWC Inactive Reason: N/A Santa Ana PD 2019-05804 10 of 10