HomeMy WebLinkAbout19-05804 Supplemental Report (Interview with Suspect Oscar Alvarado)_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, 5'09" tall, 180 lbs, medium build, buzzed short black hair, dark
complexion
DOB:5/16/1996
Identification:Driver License:
CII Number:
Social Security Number:
Address/Resides:
Contact Info:Home:
Scars, Marks, Tattoos, Oddities:Tattoos/ NECK - "Perla" "OC"
Narrative: Narrative
Tuesday, March 12th, 2019 ± hours:
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
Item 1)Involvement (Evidence)
Qty. 1: OTHER, Santa Ana Police Department Medical Release form signed by Oscar Alvarado,
Item 2)Involvement (Evidence)
Qty. 1: OTHER, Santa Ana Police Department Advisement of Rights form signed by Oscar Alvarado,
Item 3)Involvement (Evidence)
Qty. 1: OTHER, Overhead Map of Location of Incident,
Item 4)Involvement (Evidence)
RECORDINGS - AUDIO & VIDEO, Audio Recording of Interview with Oscar Alvarado at OC Global Hospital
CCU 14,
Organization:Delhi
Involvement:SUSPECT
187(a) PC - MURDER (INC. NEGLIGENT MANSLAUGHTER)
Address:
Contact Info:
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Orange County District Attorney Investigator C. Brower and I conducted an interview of suspect Oscar
Alvarado at the Orange County Global Medical Center located at 1001 N. Tustin Avenue in the city of Santa
Ana. Alvarado was in Bed 14 within the CCU ward of the hospital while being treated for the gunshot wound
to his left arm.
Alvarado was conscious and alert and indicated that he could speak with us. Prior to questioning Alvarado,
I admonished him of his Miranda rights using the Santa Ana Police Department Advisement of Rights form.
Alvarado said ³Yes´to the questions of whether he understood his rights.
Alvarado provided his personal information and indicated that he was ³homeless.´His aunt resided at
and he was allowed to shower at this residence. Alvarado claimed not to have a cell phone
number. Alvarado had a tattoo of ³Perla´and ³OC´on the right side of his neck. Alvarado denied having
any other tattoos despite a large ³D´tattoo which I could clearly observe under his closely shaved hair on
the top of his head.
Alvarado said he had previously been arrested for ³DUI´and ³violations.´He acknowledged the violations
included arrests for ³meth.´He also acknowledged having been arrested for illegal gun possession when he
was eighteen-years-old. He was arrested for the gun while on ³Cedar.´Alvarado grew up on Cedar Street
and had lived there his entire life. Alvarado was by himself when he was arrested for illegally possessing
the gun while on Cedar Street.
Alvarado said he has never been documented as having an affiliation with a gang. Alvarado denied
knowing what gangs were prevalent in the neighborhood of Cedar Street. When asked if Delhi was the
gang prevalent in that neighborhood, Alvarado replied, ³Something like that.´Alvarado then acknowledged
that he had been documented as being affiliated with the Delhi gang. Alvarado initially indicated he did not
know why he had been affiliated with Delhi and then indicated that he had grown up in the area.
Alvarado initially declined to discuss the incident. He stated, ³I have nothing to say´and ³I don¶t wanna say
nothing.´For him to say something would be ³snitching´which was not cool.
Alvarado indicated that he was by himself last night when the incident occurred. Alvarado stated, ³Ya,´
when asked if he was by himself. Alvarado reiterated that he did not want to be a snitch on ³anyone.´
Alvarado nonetheless acknowledged that he was hanging out by himself last night. When asked if someone
were to say that they were hanging out with him last night, Alvarado replied, ³That¶s not true.´Alvarado
indicated that it was a correct assertion that he was not hanging out with anybody else last night.
Alvarado was not doing anything when he was hanging out by himself last night. Alvarado said, ³I was just
chilling.´Alvarado was chilling on Cedar Street near his aunt¶s house on the sidewalk. Alvarado was ³just
standing.´Alvarado was chilling on the sidewalk for ³not long.´He was ³not sure´of the amount of time he
stood on the sidewalk. Alvarado was coming off drugs as he stood on the sidewalk. Alvarado stated, ³I was
on a comedown.´Specifically, he was coming down off of methamphetamine and heroin. Alvarado
ingested drugs on Sunday and ³haven¶t like fell asleep for a couple days.´
Alvarado stated that he was taken by surprise by the police. He stated, ³I was actually surprised.´Alvarado
only recalled ³being in pain.´Alvarado ³was sick´from the withdrawals from heroin. He then felt pain in his
left arm. Alvarado stated, ³I didn¶t see nothing.´He denied hearing anything as well. Alvarado was in
³some aisle´(referring to an apartment complex walkway) on ³Cedar or Evergreen´when he felt the pain.
Alvarado did not know how his arm was injured. Alvarado did not recall anything the officers said or did,
and he did not recognize the officers.
Alvarado then indicated that he was suffering from mental problems. He stated, ³I have mental problems.´
He saw shadows, heard voices, and suffered from ³schizophrenia.´Alvarado was diagnosed with
schizophrenia three years ago while in custody at county jail. A county jail doctor diagnosed him as
schizophrenic and provided him with the medication ³Risperdal.´Alvarado last took Risperdal ³two or three
years ago.´He stopped taking the medication after he was released from custody at that time. Alvarado
then indicated that he had been to a doctor for treatment ³not that long ago.´He went ³a couple days ago´
to a clinic in Santa Ana where he was provided Risperdal. Alvarado subsequently indicated that he had
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been taking the medication ³every day´for the past two or three years. He last took the medication ³like a
couple days ago.´Alvarado told us that he was hearing voices and seeing shadows last night, including
when the incident occurred.
Alvarado told us that he ran from the police last night. Alvarado ³always´runs from the police when he sees
them. After seeing the police, Alvarado ran ³to that aisle.´After arriving at the aisle, Alvarado stated, ³I
ended up on the floor.´Alvarado did not know how he ended up on the floor of the aisle. He decided to lie
down on the floor for some unknown reason. The officer did not tell him to lie on the floor and he did not say
anything to the officer.
Alvarado denied knowledge regarding the gun that was on the ground beside him. He only ran because he
saw the police. Alvarado stated, ³I don¶t have a gun.´Alvarado denied having the gun found beside him or
knowledge of where it came from. When asked if someone else put the gun beside him, Alvarado replied,
³I¶m not gonna say nothing else.´To say something further would be ³snitching.´Alvarado indicated that he
understood DNA and his DNA would not be located on the gun.
Alvarado said he only carried knives and not firearms. Alvarado stated, ³To be honest. Me, I just carry
knives.´He had been arrested for having a gun ³just one time.´
Alvarado then indicated that he did not remember anything. He stated, ³I remember nothing.´He did not
recall the gun found next to him being fired. Alvarado stated, ³Nothing happened man.´He denied firing the
gun. He did not know who fired the gun or how it ended up next to him. Alvarado told me to check the DNA
on the gun.
Alvarado said he did not know why ³God or the devil´chose him. He continued, ³I just think everything¶s bull
shit man.´
Alvarado denied that he was trying to kill police officers or that either God or the devil instructed him to kill
police officers. Alvarado stated, ³I didn¶t shoot at all.´Alvarado continued, ³I was just trying to get some
heroin.´He then ³ended up in the hospital.´Alvarado said, ³I ended up on the floor´because ³I threw myself
on the floor.´He threw himself on the floor because he was in pain, but he did not know why he was in
pain.
Alvarado said that ³police officers are supposed to have cameras on them.´Alvarado indicated that ³he
should be on the cameras.´Alvarado continued, ³How can they (referring to cameras) not capture
everything?´Alvarado again denied shooting at officers or ³shooting at all.´Alvarado said, ³I have nothing
against officers, man.´
Alvarado then told us that a police vehicle was not in the alley. Alvarado stated, ³There was no cop car in
the alley.´Alvarado continued, ³I didn¶t see no cop cars.´Alvarado only observed a green Camry. He
stated, ³I seen like a green Camry.´He continued, ³I seen a green Camry pass by.´After the Camry passed
by, an officer ran towards him. Alvarado stated, ³I guess there¶s a cop, like, running towards me or
something.´
Alvarado said he was located within the alley situated between Cedar Street and Evergreen Street. I
showed Alvarado an overhead ³Google Maps´satellite image of the location of the incident. Alvarado
initially indicated that he was ³blind,´but he had never had his vision tested. He acknowledged, however,
that he could see the map I provided to him.
Alvarado pointed to the east side of the west alley of 1800 S. Evergreen Street just north of Occidental
Street to indicate where he had been standing. He refused to utilize a pen to mark the location on the map.
He then stated, ³I didn¶t shoot at no officers or anything, man.´He continued, ³You know I didn¶t shoot no
officers.´Alvarado then stated, ³The officers were right next to me.´He subsequently said the officer was
not next to him. Alvarado proceeded to discuss how he was not a snitch. He had an opportunity to snitch
like ³Martin Luther King´when he was arrested recently but stated, ³I don¶t snitch on no one.´Despite that
³it probably wasn¶t right,´Alvarado was not going to say anything. He continued, ³I¶m not gonna pull no
fuckin¶lawsuit or anything like that. I ain¶t.´
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Alvarado told us that his last arrest for a gun did not involve him. Alvarado stated, ³The last time I got
busted for a gun, I had nothing to do with nothing.´Alvarado reiterated that he was not going to say
anything. Alvarado said, ³I just wanna live my life, man. That¶s all I wanna do. That¶s all I wanna do. I just
wanna live my life.´
Alvarado said that he had been chilling on the street ³close by´to his aunt¶s residence. He was somewhat
close to ³Occidental´when he saw the police. The police officers were on ³Cedar´when he observed them.
They were coming from the direction of ³St. Andrews.´Alvarado then stated, ³I was on Cedar. I didn¶t see
no cops.´Within the alley, there was a ³big white truck.´The green Camry drove down the alley and the
white truck was ³blocking it.´Alvarado ³barely just got there´into the alley when he observed the big white
truck blocking the green Camry. Alvarado stated, ³I wasn¶t in the alley kicking it. I was at the address where
my aunt lives.´
Alvarado said that as he came into the alley near Occidental Street he observed the truck blocking the
Camry. The Camry was driving ³down´the alley toward Edinger Avenue away from him. As the Camry
drove past him, the occupants of the vehicle yelled, ³Fuck hypes.´Alvarado then saw the police in a ³gang
unit car.´The gang unit car was ³black and white.´Alvarado did not know how many officers were inside of
the car. He only saw the gang unit car which was at Occidental Street. Alvarado stated, ³I think
Occidental.´Alvarado did not hear the officers in the car say anything or get out of their car. He simply saw
the car and began running. He stated, ³Well I was just like running.´He ran ³towards Cedar.´He did not
remember how he ended up in the alley near Evergreen Street.
Alvarado said he heard gunshots before he saw the police car. The shots were close to him but he did not
know how many shots he heard. The shots were in front of him. He stated, ³Like, like in front of me.´He
believed he was being shot at. He first stated that he began running because of the gunshots he heard and
not because he saw the police. He then stated that he was running because of the gunshots and because
he saw the police.
Alvarado said he did not know why someone would try to shoot him. Alvarado heard gunshots while he was
running but he did not know how many shots were fired or where the shots were originating from. Alvarado
did not hear anyone yell anything at him as he ran.
Alvarado acknowledged that he had been arrested for gun possession a week before despite being
³nowhere close´to where the gun was located. Alvarado did not know if officers from the ³gang detail´were
the officers who arrested him last week. Alvarado did not remember who arrested him.
Alvarado said that he did not recognize the officer in the police car as the officer who arrested him.
Alvarado acknowledged that he carried knives for protection. Alvarado denied having a gun because he
³can¶t even afford a gun.´
Alvarado said he did not know if ³Fuck hypes´was a statement of disrespect to the Delhi gang. Alvarado
said the disrespect name for Delhi was ³hippies.´Alvarado said, ³Hippie could be a guy that does heroin, ya
know.´Alvarado ³didn¶t know´if the persons who yelled ³Fuck hypes´were yelling at him.
Alvarado said he was ³in the alley´and the officer was ³close´to him when he first observed him. The
officer was on foot because ³there¶s no cop car.´Alvarado ran because of the ³green Camry´and the officer
who was close to him. Alvarado ran toward ³Cedar.´Alvarado did not know if the officer chased him.
Alvarado did not hear the officer tell him to stop. He heard gunshots, however, and then fell down. He did
not know how he ended up near Evergreen Street. He denied having a gun in his hand as he ran. The gun
lying next to him must have been there because of ³bad luck.´He had experienced ³bad luck´previously
when he was arrested. He said, ³Last time I got tooken in for some bull shit.´
Alvarado reiterated that he was attempting to obtain drugs last night. He stated, ³I was trying to get heroin.´
He continued, ³I ran. I was getting shot at.´Alvarado did not know who was shooting at him. He stated, ³I
don¶t know who was shooting at me to be honest.´After he was shot, he ended up ³on the floor.´He said, ³I
didn¶t know there was a gun there to be honest. I ended up shot.´He did not know if it was the police or a
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³guy in a green Camry´who was shooting at him. He reiterated that he observed a ³green Camry pass by,´
but he did not know if ³someone got off or not.´Alvarado again denied shooting or having a gun. He stated,
³I was running.´He reiterated that he could not afford a gun.
Alvarado signed the Santa Ana Police Department Medical Records Release form and the Santa Ana Police
Department Advisement of Rights form which I read to him.
Alvarado refused to sign or initial the overhead map of the location which I displayed to him.
Alvarado did not provide any additional information and we concluded the interview with him.
The interview with Alvarado was audio-recorded and I later booked a compact disc recording of the
interview into Evidence Locker 42 in the Santa Ana Police Department Property Room.
I also booked the Santa Ana Police Department Medical Records Release form, the Santa Ana Police
Department Advisement of Rights form, and the overhead map of the location into Evidence Locker 42 in
the Santa Ana Police Department Property Room. Copies of these items are attached to this report.
This concluded my role in the investigation of this case on this date.
Author: McClaskey, Paul 3110 BWC NOT Activated BWC Inactive Reason: N/A
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