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HomeMy WebLinkAbout19-05804 Supplemental Report (Alcala and Martinez Interviews)_RedactedPerson: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: Narrative: Narrative Monday, March 12th, 2019 ± hours: I was contacted by Santa Ana Police Department Homicide Unit Detective J. Rodriguez #2836 regarding an officer-involved shooting that had just occurred within the city of Santa Ana. Sergeant Rodriguez requested that I respond to the scene at 1800 S. Cedar Street in order to assist with the investigation. 2245 hours: I arrived at the scene of the incident and checked in with Santa Ana Police Department Patrol Officer J. Peralta #3602, the designated scene scribe. 2325 hours: Santa Ana Police Department Patrol Sergeant O. Lizardi #2629 conducted an on-scene briefing of the incident. Present at the briefing were personnel from the Santa Ana Police Department, Investigators from the Orange County District Attorney¶s Office, and members of the Orange County Sheriff¶S Department Crime laboratory. Sergeant Lizardi informed us that this evening, at approximately 2101 hours, members of the SAPD Personnel:Solorio, Ernesto 3249 Involvement:Arresting SAPD Personnel:Martinez, Elias 3349 Involvement:Assisting SAPD Personnel:McClaskey, Paul 3110 Involvement:Reporting SAPD Personnel:Rodriguez, Julian 2836 Involvement:Report Approver Santa Ana PD 2019-05804 2 of 9 Santa Ana Police Department Gang Suppression Unit were conducting proactive enforcement in the Delhi gang neighborhood of 1800 S. Evergreen Street and 1800 S. Cedar Street. Gang Suppression Unit Corporal D. Alcala #3226 and G. Bodnar #3337 were a two-man unit with call sign ³Sierra 21 Alpha.´They were working in conjunction with two- man unit ³Sierra 24 Alpha´consisting of Detective E. Solorio #3249 and E Martinez #3349 as well as two-man OC Probation Unit ³Sierra 54 Alpha´consisting of Deputy Orange County Probation Officers L. Ibarra #365 and C. Pinto #91. The three two-man units conducted a coordinated approached into the Delhi neighborhood. As Corporal Alcala and Detective Bodnar drove northbound into the west alley of 1800 S. Evergreen Street, the probation unit drove northbound on Evergreen Street while Detectives Martinez and Solorio continued westbound on Occidental Street towards Cedar Street. When Corporal Alcala and Detective Bodnar reached the approximate mid-point of the alley, a lone Hispanic male at the southern end of the alley fired three shots from a 9mm handgun in their direction. Detective Solorio initiated a foot pursuit of the suspect who fled westbound toward Cedar Street and then returned eastbound into the alley where an officer-involved shooting occurred. The suspect was taken into custody in a walkway leading into the courtyard of 1818 S. Evergreen Street. He was identified as Oscar Alvarado Penaloza (DOB 05/16/1996), a documented Delhi gang member with the moniker of ³Smokey.´ Detective Solorio fired three shots at Alvarado with his department-issued firearm. Alvarado was struck in the left forearm and subsequently transported to OC Global Medical Center for treatment. A loaded Ruger SR9 semi-automatic 9mm handgun was located next to Alvarado at the scene. Three expended 9mm cartridge casings were located along the southeast side of the alley. Two bullet impact marks were located in the garage door of 1802 S. Evergreen Street. Three expended .40 caliber casings were located in the middle portion of the alley near the walkway where Alvarado was taken into custody. Alvarado had been arrested for possession of a firearm on March 4th, 2019 on Occidental Street by members of the Gang Suppression Unit. This arrest was documented under Santa Ana Police Department case number 19-05192. I was assigned the role of case agent. 2341 hours: I conducted a walk-through of the scene which was located within the west alley of 1800 S. Evergreen Street. Tuesday, March 12th, 2019 - 0005 hours: I checked out of the scene with Officer Peralta, the designated scene scribe. 0016 hours: I went to Orange County Global Medical Center in an effort to speak with Alvarado. I was informed by nursing staff that Alvarado was currently under trauma care and unable to Santa Ana PD 2019-05804 3 of 9 speak. I subsequently left the hospital and returned to the Santa Ana Police Department. 0137 hours: Orange County District Attorney Investigator Craig Brower and I conducted an interview of Corporal D. Alcala #3226 in 3rd floor interview room #3140 at the Santa Ana Police Department. The following is a synopsis of the interview with Corporal Alcala which was recorded by Investigator Brower. Corporal Alcala told us that his current work assignment is as a Corporal within the Gang ³STOP ´Suppression Unit. His Gang Suppression Unit team consists of one corporal and six detectives who typically work from twelve-thirty in the afternoon to eleven-thirty at night. The team normally operates in two-man units depending on staffing availability. Corporal Alcala said today there were four members of the team on duty with two assigned Orange County Probation Officers working with them. The gang unit detectives were in two marked Santa Ana Police Department vehicles and the probation officers were in one unmarked probation vehicle. Corporal Alcala was partnered with Detective George Bodnar #3337 in vehicle unit number 908. Their radio call sign was ³Sierra 21 Alpha.´Detective Solorio and Detective Martinez were partnered together and their radio call sign was ³Sierra 24 Alpha.´ The probation officers were driving an umarked black Ford Explorer with spot lights and rear amber lights. The gang detectives were driving two ³slick top´black and white Crown Victoria police vehicles with forward facing lights in the windshield. The vehicles had the ³SAPD´logo and ³Gang Unit´markings on the sides near the trunk. The gang detectives were wearing uniforms consisting of dark blue polo shirts with Santa Ana police insignia on the front and ³SAPD Gang Unit´on the back. The detectives were wearing duty belts with their equipment affixed to them as well as Body Worn Cameras. Corporal Alcala activated his camera after his arrival at the scene of the OIS. Corporal Alcala said the incident occurred in the area of 1800 S. Evergreen Street which consists of multiple two-story apartment buildings. Alleyways are located between the apartment complexes that line the streets and run in north and south direction. This is a high crime area dominated by two rival gangs. The ³Delhi´gang is a larger more established traditional Hispanic gang whose territory is situated west of Evergreen Street. The ³Locotes´ gang is a smaller gang whose territory is located east of Evergreen Street. The Delhi gang is known for such crimes as felons in possession of firearms, robberies, thefts, and vandalism. Corporal Alcala has previously arrested Delhi gang members for possession of firearms. Corporal Alcala said that the three units working tonight had just conducted a patrol check of WKH SDUNLQJ ORW RI WKH &\EHU &DIp DW  6 6WDQGDUG $YHQXH SULRU WR WKLV LQFLGHQWCorporal Alcala and the other two units were working in a coordinated fashion off of the ³Green´police radio channel. Corporal Alcala advised the other two units that they would be checking the area of 1600 to 1800 S. Evergreen Street and Cedar Street. Typically throughout their shift they would spot check various active crime areas within the city. At this time, they were Santa Ana PD 2019-05804 4 of 9 patrolling the east side of the city and looking for various law violators including those involved in violent and gang-related crimes. Corporal Alcala said that there are three probation officers assigned to the team and tonight two of them were working, Larry Ibarra and Carlos Pinto. These probation officers assist the gang suppression unit with compliance checks of offenders as well as providing assistance during proactive patrols. Typically, the units will spread out into the neighborhoods in a coordinated manner and attempt to limit avenues of escape if someone attempts to flee from them. Corporal Alcala said that tonight he drove southbound on Standard Avenue, westbound on Occidental Street, and then northbound in the east alley of Cedar Street. Corporal Alcala advised his partners over the radio of the direction in which he was traveling. Corporal Alcala was driving with his windows down and Detective Bodnar was seated in the front passenger seat of the police vehicle. Corporal Alcala stated that as he was driving northbound through the alley he heard three distinct gunshots. His vehicle was roughly positioned four garages north of Occidental Street near the midpoint of the alley. The gunshots were not rapid in succession but relatively slow and methodical in succession. They sounded to be a calculated volley of fire as opposed to someone firing blindly. It was as if the person firing was deliberately shooting at something specific. Corporal Alcala immediately looked at Detective Bodnar and remarked that those were gunshots which they had just heard. The shots came from south of their location, but they did not know where the shots were coming from. Corporal Alcala said that after the shots were heard an unknown dark-skinned Hispanic male in his thirties, approximately ¶´tall with a thin to medium build, ran into the alley and said someone was shooting. The male had not been in the alley prior to the sound of the gunshots, however. Corporal Alcala did not see or hear any bullet impacts to his patrol car nor did he see any bullet impacts in the area around him. Corporal Alcala then heard radio traffic on Green 4 initiating from the unit with Detective Martinez and Detective Solorio. One of the detectives broadcasted that they were in pursuit of an armed suspect. Corporal Alcala did not know their location and he accelerated northbound through the alley to Edinger Avenue. Corporal Alcala inquired over the radio as to the location of Detective Martinez and Detective Solorio. Dispatch responded that their unit showed on Minnie Street but Corporal Alacala knew this to be incorrect information. Detective Bodnar attempted to check the GPS location of Detective Martinez ¶s and Detective Solorio¶s unit through the patrol car¶s computer. Detective Martinez and Detective Solorio then radioed that they were in the alley off of Cedar Street. Corporal Alcala immediately drove back to the west alley of 1800 S. Evergreen Street. Corporal Alcala said that upon arriving in the alley, he observed Detective Martinez and Detective Solorio with their guns drawn and a subject on the ground with a black and gray or silver firearm on the ground next to him. Corporal Alcala discovered that Detective Solorio had shot the suspect and both detectives were okay. Corporal Alcala did not hear the gunshots fired by Detective Solorio. He only heard the initial three gunshots. Santa Ana PD 2019-05804 5 of 9 Corporal Alcala handcuffed the subject on the ground and immediately recognized him as Oscar Tapia Alvarado. Corporal Alcala arrested him on March 3rd during a firearms investigation and also contacted him the previous night (referring to March 10th) in the same alley. Corporal Alcala also recalled having arrested him with another subject in 2012 or 2013 during a firearms investigation while he was in possession of two firearms. Corporal Alcala stated that Alvarado was a member of the Delhi gang with the moniker of Smokey. He did not see him prior to the incident tonight. He contacted him last night while he was in one of the breezeways connected to the alley from the street. Corporal Alcala said that it was very likely that Alvarado was highly familiar with the gang unit vehicles as well as the gang suppression team members¶uniforms. Corporal Alcala said that he was driving slowly through the alley prior to the sound of gunshots. Aside from a few vehicles parked off to the side of the alley, there were no vehicles ahead of him or behind him in the alley. Additionally, there were no pedestrians in the alley that he observed. Due to the time of night and rainy weather conditions, there was little activity in the alley. Corporal Alcala said that he has testified as a gang expert previously and is aware that a gang member who shoots at a police officer greatly increases his status and level of respect within the gang. Corporal Alcala reiterated that when the shots were fired in the alley he did not see anyone else in the alley. The male who said someone was shooting only came into the alley after the shots were fired. 0218 hours: The interview with Corporal Alcala was concluded. 0230 hours: Investigator Brower and I conducted an interview of Detective E. Martinez #3349 in 3rd floor interview room #3140 at the Santa Ana police Department. The following is a synopsis of the interview with Detective Martinez which was recorded by Investigator Brower. Detective Martinez told us that he has been employed with the Santa Ana Police Department since 2014. He previously served with the Contra Costa County Sheriff¶s Department and has been an officer for seven years. He is currently assigned as a detective with the Gang Suppression Unit ³STOP ´team working Sunday through Wednesday between twelve-thirty in the afternoon and elven-thirty at night. His team consists of a Corporal and five detectives. He has been a member of the team for a little over a year and has received training in the gang subculture. Detective Martinez said that he was working tonight with Detective Solorio in a two-man unit. Detective Martinez was driving. They were working with Corporal Alcala and Detective Bodnar and Probation Officers Larry Ibarra and Carlos Pinto. Detective Martinez was driving a black and white slick top Santa Ana Police Department Santa Ana PD 2019-05804 6 of 9 vehicle with interior forward facing lights and the gang unit logo on the right rear panels of the vehicle. Detective Martinez was wearing a modified uniform consisting of Santa Ana Police insignia on the front and gang unit on the rear of the shirt and a badge positioned on his drop-down holster. Detective Martinez said that his team normally has a briefing in which they discuss areas of the city in which they intend to target during their shift. Tonight they began their suppression efforts on the west side of the city before heading to the southeast area of the city. Detective Martinez¶s and Detective Solorio¶s call sign was ³Sierra 24 Alpha.´The probation officers were ³Sierra 54 Alpha´and Corporal Alcala and Detective Bodnar were ³Sierra 21 Alpha.´They were operating off of the ³Green ´police radio channel. The team initially targeted the Middle Side, 5th Street, and Santa Nita gang areas on the west side of the city before going to the KPC and Logan gang areas on the north side of the city. Detective Martinez said the area around Evergreen Street and Occidental Street is the territory of the Locotes and Delhi gangs. Delhi is an older gang within the city. Delhi gang members are known to frequent the east alley of 1800 S. Cedar Street. In particular, the residences at 1821 and 1818 S. Cedar Street are known hang-outs for Delhi gang members. Typically these gang members will flee east and west through the alleyways when approached by police. The Locotes gang territory was situated east of Evergreen Street and Locotes gang members were rivals with Delhi gang members. Detective Martinez said that the crimes committed by Delhi gang members included vandalism, theft, robbery, possession of firearms, and homicide. Detective Martinez said his team typically conducts a plan to enter a neighborhood while conducting enforcement in order to have all sides and avenues of escape covered. Tonight, Corporal Alcala and Detective Bodnar advised that their unit would take the alley east of Cedar Street and travel northbound from Occidental Street. As the probation unit was going to go northbound on Evergreen Street, Detective Martinez and Detective Solorio decided to travel northbound on Cedar Street to cover the west side. Detective Martinez and Detective Solorio initially traveled into the neighborhood behind the probation vehicle from southbound Standard Avenue onto westbound Occidental Street. As they were driving west down Occidental Street, Detective Martinez could not see Corporal Alcala¶s vehicle as his view was obstructed by the probation vehicle. Detective Martinez was driving in a slow patrol mode at this time with the front windows of the vehicle rolled down. He did not see Corporal Alcala turn northbound into the alley west of Evergreen Street. Detective Martinez said he continued driving westbound on Occidental Street as the probation unit turned northbound onto Evergreen Street. As Martinez continued westbound on Occidental Street, he looked northbound down the west alley of Evergreen Street and observed Corporal Alcala¶s unit driving northbound in the alley. Detective Martinez continued driving westbound on Occidental Street. As soon as he passed the apron of the alley he heard three loud gunshots. The shots were loud such as one would experience while at the shooting range. He initially thought that Corporal Alcala had been involved in an officer-involved shooting. Detective Martinez immediately thrust his vehicle into reverse and backed up to the alley. He looked northbound down the alley and observed a male wearing Santa Ana PD 2019-05804 7 of 9 a black hoodie with a black beanie crouched down on the west side of the alley near the carport of 1821 S. Cedar Street. The male was crouched down while presenting a handgun he was holding in both hands. The male was pointing the handgun and facing northbound in the alley. Detective Martinez immediately told Detective Solorio that the male just shot at Corporal Alcala¶s unit based on what he was seeing. Detective Martinez said that as he first drove past the alley prior to the shots being fired he observed the other gang unit vehicle traveling northbound in the alley. The alley was well lit and Detective Martinez did not see anyone else in the alley. He did not recall seeing any other vehicles in the alley. Corporal Alcala¶s unit appeared to be halfway up the alley. Detective Martinez said that immediately after passing the alley he heard the three loud shots in rapid succession. Detective Martinez immediately stopped his vehicle and drove it in reverse until he could see down the alley, including the west side of the alley. Detective Martinez then saw the male with the black hoodie and the black beanie covering his forehead. The male was crouched downward with his torso and knees bent and appeared to be using the rear portion of a parked car in the carport as a shield or cover. The male had his arms extended and was pointing a gun in a northbound direction. Based on his positioning, Detective Martinez believed the male had just fired the gunshots he heard. Detective Martinez said Detective Solorio immediately got out of the patrol car onto the sidewalk and began running towards the male. Believing the male would flee westbound to Cedar Street, Detective Martinez drove to Cedar Street and parked at the corner of Cedar Street and Occidental Street. Detective Martinez ran onto Cedar Street believing the male had run onto Cedar Street. Detective Martinez did not see anyone come out onto the street, however. Believing that the male ran the opposite direction (eastbound), Detective Martinez ran eastbound into the courtyard of the apartment complex at which time he heard two to three additional gunshots. Detective Martinez ran into the alley and heard Detective Solorio giving commands of ³Show me your hands.´Detective Martinez observed Detective Solorio positioned behind a dumpster while giving these commands. Detective Martinez then observed a male lying on the ground with a handgun beside him. Based on the male¶s clothing, Detective Martinez recognized him as the same male he had seen pointing the gun in the alley. Detective Martinez said that the male turned his head and made eye contact with him. Detective Martinez immediately recognized him as Oscar Penaloza Alvarado aka Smokey from the Delhi gang. Detective Martinez knew Alvarado was a felon who had recently been arrested for gun possession and the case rejected. Detective Martinez said that Alvarado perhaps shot at the officers because he was facing a potential third strike for the gun arrest and was looking for retribution. Detective Solorio and Corporal Alcala had made that arrest of Alvarado for the gun possession and Alvarado would have recognized Corporal Alcala as he drove by him in the alley. If Alvarado had been standing in the carport where Detective Martinez initially saw him presenting the gun, he could have readily seen who was inside of the police vehicle as it drove down the alley. Therefore, Alvarado could have been acting in retribution when he was firing at Corporal Alcala. Detective Martinez said that respect is paramount in gang culture and a violent act upon a Santa Ana PD 2019-05804 8 of 9 police officer will garner ultimate respect. Attempting to shoot or murder a police officer would provide the highest levels of prestige and respect in the gang subculture. Detective Martinez said that as he drove by the alley he did not notice anyone else in the alley. No one fled from the alley. He also did not notice a bicycle lying in the alley or any role the bicycle may have played in the incident. Detective Martinez reiterated that the male he observed pointing the gun in the alley was the same male who was subsequently taken into custody with the firearm lying beside him. 0300 hours: The interview with Detective Martinez was concluded. Author: McClaskey, Paul 3110 BWC NOT Activated BWC Inactive Reason: N/A Santa Ana PD 2019-05804 9 of 9