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Home My WebLink AboutPSPD 0705P-6720Palm Springs Police Department Report Number: Q7o5P-G27d 245(d)(2) PC - Assault w/Firearm on Peace Officer Suspect: ROBLES, Roberto Victim: COSTELLO, Dave Detective Sergeant Reyes 0705P-070 Firearms IMG_9750 IMG_9752 I M G_9751 IMG_9763 IMG_9754 IMG_9755 1 INTERNAL AFFAIRS INVESTIGATION #2007-12 OFFICER INVOLVED SHOOTING - 05/29/07 - DR#0705P-6270 INTERVIEW OF OFFICER DAVE COSTELLO REYES: Alright today's date uh, May twenty-ninth, two thousand Seven at approximately uh eleven uh nineteen pm. Myself, Sergeant Reyes is conducting this interview and uh those persons present are Dave Costello, Officer Costello, Palm Springs Police Department and his attorney representing him, Bob Krause. Go ahead and identify yourselves for the tape. COSTELLO: Dave Costello. KRAUSE: Bob Krause. Capital K-R-A-U-S-E. REYES: Dave, um, I am conducting the criminal investigation regarding this officer involved shooting. Um, I'm not associated at all with uh the internal affairs portion of it. Um, all information obtained thus far indicates you are a victim in this crime and you are being treated as a victim. So, um, I do not intend to read you your rights as stated because you are, you being treated as a victim at this time. Um, at this time you're willing to provide a voluntary statement regarding this investigation? COSTELLO: Yes, I am. REYES: Okay. Um, my understanding today you worked swing shift is that correct? COSTELLO: Yes. REYES: Okay. Swing shift, is that your normal scheduled shift? COSTELLO: Yes, four -thirty to two -thirty am. REYES: Okay, now um, is today your regular scheduled work day? z COSTELLO: Yes, it is. REYES: Okay, uh, what time did you arrive at work. COSTELLO: Uh, I was in briefing at four -thirty. REYES: Okay. Were you wearing your duty uniform? COSTELLO: Yes. REYES: Would you describe the uniform that you were wearing? COSTELLO: I was wearing my blue uniform that uh has the Palm Springs Police Patches on the shoulders as well as my badge on the front, um, and I had my duty belt which contained my firearm, um, magazines, my HT radio and two sets of handcuffs as well as a pepper spray holder. REYES: Okay. The pepper spray holder, that's all department issued stuff? COSTELLO: Yes, it is. REYES: Uh, what type of handgun were you carrying? COSTELLO: Uh, Glock nine millimeter. REYES: Okay. Um, regarding your Glock nine millimeter. When you um went ten -eight on the street, were both - - actually regarding the actual handgun, was your magazine full? COSTELLO: Yes, it was. REYES: Did you have an additional extra round in the chamber? COSTELLO: Yes, I did. REYES: Okay, and regarding both magazines you had on your gun belt, were they uh both full? COSTELLO: Yes, they were. REYES: What's the capacity on those magazines? 3 COSTELLO: I believe seventeen rounds. REYES: Okay. So your gun had a total of what, eighteen, seventeen and one? COSTELLO: Yes. REYES: Okay. Now working swing shift today, my understanding is you are a Field Training Officer correct? COSTELLO: Yes. REYES: Um, did you have a trainee with you? COSTELLO: Yes I did have a trainee. REYES: Who was that trainee? COSTELLO: Uh, Don, Don Benstead is his name. REYES: How long has he been assigned to you? COSTELLO: Um, he was just - - I'm just actually taking him for a couple of days as his uh official training officer was um, on some time off. REYES: Okay. Um, did you - - was there anything that delayed you from going ten -eight in the field today? COSTELLO: Um, no. I don't believe so. REYES: Okay. What time did you hit the streets, roughly? COSTELLO: Just after probably, uh, after five o'clock. I don't exactly what time. REYES: Okay, at some point do you get a call for service or were you drawn to the area of three, sixty-six, three, sixty six Mariscal Road in Palm Springs? COSTELLO: Yeah, I received a call uh of shots fired, um from three, sixty-six Mariscal and the RP was suppose to be in -and he believed the shots were coming from unit seven. id REYES: Okay, and you said you received a call, is this a dispatched call for service? COSTELLO: Yes, it was a dispatched call. REYES: Okay, and you say RP, you're, you're referring to the reporting party? COSTELLO: Yes, I was. REYES: Okay. Now, just uh go over it again one more time the radio traffic that you received while responding to this call for service? COSTELLO: Um, the, the radio traffic was that there was a call of shots fired, I believe two shots heard and the reporting party was in - and he believed that the shots may be coming from unit seven, uh regarding a male and female disturbance. REYES: Okay. And what was the address given? COSTELLO: Uh, three, sixty-six Mariscal. REYES: Okay. Approximately how many years have you been uh a Law Enforcement Officer with Palm Springs? COSTELLO: Approximately ten years with the City of Palm Springs. REYES: Do you know, like, do you know of any prior history at three, six, six Mariscal that you're aware of, prior to this call for service? COSTELLO: Um, I don't personally, but I heard there had been problems at that address. REYES: Okay, when you say I've heard, did you hear that through fellow officers, briefing, training, Sergeants, how did you obtain that information? COSTELLO: I've heard it through other officers as well as dispatch for calls for service. 5 REYES: Okay. Had you responded to that address recently at all for any type of calls for service? COSTELLO: No, I haven't. REYES: Okay. While responding to this call for service, were you driving the police car or were you sitting as passenger? COSTELLO: I was driving the police car. REYES: Okay, and uh obviously I assume your trainee is in the right front seat? COSTELLO: Yes. REYES: Okay. Did you have any uh, did you have any cops crew members with you, or any film crew or anybody other than you two in the car? COSTELLO: No. There was no one else in the car besides us. REYES: Okay. Describe the car you were in when you responded? COSTELLO: It was a Palm Springs black and white patrol car with the uh overhead uh light set-up. REYES: Okay. Now, while responding to the call, did you have your lights or sirens on? COSTELLO: No, I didn't have any lights or sirens on. REYES: Okay. Estimate approximately how much time it took you to respond to that call for service, to the actual scene? COSTELLO: Probably thirty seconds to a minute. I was just about a block away. REYES: Okay. So is it safe to say you were the first one on the scene? COSTELLO: Yes, I was the first one on the scene. REYES: Okay. Upon arrival to this call for service, where did you park your ca r? COSTELLO: I parked my car just east of the location, um along the north um, curb 31 line. REYES: When you parked your car, um, did anything catch your attention as you pulled up to this call for service? COSTELLO: No. Some things caught my attention after I was walking toward the address. REYES: Okay. So, you and your trainee, uh Officer Benstead exit the car? COSTELLO: Yes, we both did. REYES: Now, when you both get out of the car, explain your actions from that point on? COSTELLO: Um, I got out of the driver's side and went around toward the trunk and um, and the Officer, Officer Benstead was right next to me and we were walking up toward the address of the apartment complex and I could hear some loud talking, it sounded angry, but I couldn't tell if it was between male or female or if it was just males. REYES: Okay. Could you see anybody at all other than hearing the, the loud noises? COSTELLO: No. It was blocked - - the visibility was blocked by bushes. REYES: Approximately how far were you away from the three, six, six Mariscal address when you heard these loud voices? COSTELLO: Probably fifteen to twenty feet. REYES: Okay. Did you have a clear view of that, of that complex? COSTELLO: After I crossed the bushes, I, I had a clear view. REYES: Okay. Explain what happened from that point on? COSTELLO: As uh, as I cleared the bushes and, and heard the, some people kind of yelling um, I looked up and I saw a Hispanic male wearing a white t-shirt and blue jeans standing I believe at the passenger side of the vehicle. There was another subject on the other side of the vehicle, I think is was a white male with a dark shirt and as I looked up towards the uh apartment complex, there were several males standing up at the front of the complex and they were all pointing um with their index fingers towards the Hispanic male with the white t-shirt. REYES: Approximately how far were you away at that point? COSTELLO: Uh I was - - REYES: From the people pointing? COSTELLO: I was probably about maybe twenty feet. REYES: Was it pretty clear who they were pointing out? COSTELLO: Oh, it was very clear who they were pointing out. REYES: Uh, were, were they all pointed at the same subject? COSTELLO: Yes, they were all pointing at the Hispanic male with the white t-shirt. REYES: Approximately how many people were pointing if you had to guess? COSTELLO: I would guess four or five. REYES: Okay. Were any statements being uh made by these subjects as they were pointing at this subject? COSTELLO: No, I, I don't remember anything being said. REYES: Okay. Where's Officer Benstead at that time? COSTELLO: He was walking I think to my left. REYES: Okay. What do you do at that point? COSTELLO: I basically called out to that Hispanic male. I said, "hey police, come on over here" and tried to get his attention. REYES: Okay. Now, did he respond to you? COSTELLO: He looked over at me and quickly looked away. REYES: Okay, when he looked over at you, um, did - - in your opinion, um, did he have enough time to identify you as a Police Officer? COSTELLO: Yes. It was obvious that he recognized me as a Police Officer. REYES: Okay. Now, when you say he turned away, when he turned away did he - - what did he do from that point? COSTELLO: He turned away and then he kind of looked back and I said, "hey come here a minute, wait a minute" just trying to get his attention and I heard him say, "fuck this" and then he started to run around the front of the truck that was parked - - he was parked right behind another vehicle and he started to run westbound around that truck away from US. REYES: Okay. When you're giving him these basic commands to come over to your location, um, can you tell where his hands are, or what he's doing as far as body language? COSTELLO: Um, it basically - - he had a long t-shirt that covered his waist and no, I, I didn't seen anything in his hands, I basically saw him just start to walk away quickly. REYES: So, you could not see his waist at all? COSTELLO: No, I couldn't see his waist. REYES: It was concealed by an oversized t-shirt? COSTELLO: Yeah, it covered his waist. REYES: Okay. So, he states "fuck this" and starts to walk away around the car. What are you thinking in your mind at that time? E COSTELLO: I'm thinking that he's in - - possibility involved in the shooting. REYES: Okay. What other considerations or, or things are you thinking of, as he's - - does he, does he go out of your sight? COSTELLO: He goes out of my sight in front of a vehicle. REYES: What are you thinking at that time? COSTELLO: I'm thinking that he may conceal a weapon or is trying to get away from a crime scene. REYES: Okay. Approximately how far away are you from him when he makes the statement, "fuck this" and he starts around the corner behind a car and goes out of sight? COSTELLO: I'm probably about twelve feet away. REYES: Do you have a clear view? COSTELLO: Yes. REYES: Did you have any obstruction at all? COSTELLO: Just the vehicle, when he went around it. REYES: Did you have your glasses on? COSTELLO: Yes. REYES: Okay. Now, he goes around the vehicle, where is Officer Benstead at that time? COSTELLO: He's off to my left I believe. REYES: Go on, what, what occurs from that point on? Whether he's - - go ahead and explain his actions as well as yours? COSTELLO: He basically starts to run and take off across the parking toward Mariscal the street, and I come over - - we both actually start to, to, to run toward him around the back of the truck, and I could see as he was starting to take off, something fall out of his waistband and hit the 10 um asphalt and by the sound of it and by the look of it, it was obviously a handgun. REYES: Okay. How far was he away from you at that point? COSTELLO: I was probably another twelve feet because we were both - - I was closing the distance as he, as he was starting to run. REYES: Okay. Now, where was Officer Benstead at that point? COSTELLO: To my left, again, as he had been the whole time. As I started to run, he ran with me right just to my left. REYES: Okay. So, you believe there was a gun that fell down? COSTELLO: Absolutely. REYES: Did you actually see it or was it based on the sound? COSTELLO: I saw it, I saw it to be a silver handgun and I could hear the weight of it as it hit. REYES: Okay. Now, when the handgun falls and you see it, are you still about twelve feet away? COSTELLO: Approximately. REYES: Okay. Still have the clear view? COSTELLO: Very clear view. REYES: Okay. What happens from that point? Are you giving any other commands? COSTELLO: I, I screamed for him to "stop police". I told him to stop, he, he, he immediately, once the gun hit the ground he stopped and his feet slid across the asphalt and he changed direction and started running back toward the handgun, which was just a few feet away from him. REYES: Okay. As this is occurring, do you give any other commands? COSTELLO: I scream for him to stop and not touch the - - I don't know if I, I can't ii remember if I said don't touch it, I said - - I screamed for him to %%stop police, stop police". REYES: Approximately how many times have you - - you yelled out that command? COSTELLO: Probably five or six times, seven times. REYES: Okay, uh - - COSTELLO: And at that time I drew, I drew my weapon on him. REYES: Okay. Um, is Officer Benstead giving any commands that you can recall at all? COSTELLO: No, I can't recall. REYES: Okay. Um, is Officer Benstead still by your side? COSTELLO: He's off to my left, a little - - yeah a little bit in front to my left. REYES: Okay. So you drew, you drew your handgun, you give him these verbal commands, is he still - - what is he doing at that point? COSTELLO: He started to run back and he lunged down and picked up the handgun with his right hand. REYES: Okay. As he picks up the handgun with his right hand, how far away are you at that point? COSTELLO: At that point I was probably about maybe six feet. REYES: Okay. Anymore commands being given? COSTELLO: I, I yelled for him to drop the gun, drop the gun, drop the gun. REYES: So, you're continuously saying drop the gun, drop the gun, drop the gun? COSTELLO: Screaming it as loud as I could. REYES: Do you have both hands on your gun? COSTELLO: I do have both hands on my gun. 12 REYES: And you have your gun pointed at him? COSTELLO: Yes, I do. REYES: And you're approximately how far away? COSTELLO: Probably six to, six to seven feet. REYES: Was there anything obstructing his view or your view from him - -from each other? COSTELLO: Nothing. REYES: What happens from - - at that point? COSTELLO: Um, Benstead had, had gotten closer to him and grabbed onto him, tried to, tried to grab him by the shoulder and waist and got kind of thrown off him. Then he continued to run and he was trying to get in between those two vehicles that he was running back to that he had already come, gone by, he was running back towards the vehicles - - REYES: Okay. Hang on. Now, let me go back. He reached down to pick up the gun. Had he picked up the gun? COSTELLO: Yes. It was in his right hand. REYES: Okay, so the hand, the handgun in his, in his right hand now, and then Officer Benstead goes up to him and makes physical contact with him? COSTELLO: Physical contact. REYES: As the guy has the gun in his hand? COSTELLO: Yeah. REYES: What type of contact does Officer Benstead have with him? COSTELLO: He tries to grab him just as he was - - right after he had picked up the gun, so he was still coming up and Officer Benstead grabbed onto his shoulder and it looked like he just kind of elbowed him and flung him off him. 13 REYES: Well, who flung who off? COSTELLO: Um, looked like the subject had flung um, Officer Benstead off him. REYES: Okay. So, you actually observed Officer Benstead disengage from the subject? COSTELLO: Yes. REYES: Does he still have the gun in his hand? COSTELLO: Yes. He does. REYES: Okay. Explain his, the, the subject's actions from that point on? COSTELLO: He took about three or four steps, and was heading in between two vehicles and he looked back at me and his - -as he was trying to get through these two vehicle, his right hand came out, outstretched and I could see the barrel of the, of the silver handgun in his right hand. REYES: Okay. So is he running away from you? COSTELLO: He's running away towards the vehicles. REYES: Okay. And his, you say his - - which hand is outstretched with - - COSTELLO: His right hand. REYES: His right hand. Um, how far are you away at that point? COSTELLO: By now, probably about maybe twelve feet. REYES: Okay. Explain what happens at that point? What' what, what is, what is going through your mind at that point? COSTELLO: I thought for sure he was going to shoot me and I thought uh, he was going to shoot my partner. I thought because he, he aimed that gun at me and, and it actually bypassed me at one point and was heading toward Officer Benstead. REYES: Okay. Now, as the gun is coming up, explain what is going on with the subject as far as his movement? 14 COSTELLO: His, his upper torso had turned toward me and I could see the barrel of the gun. And as the barrel of the gun, it seemed like it crossed me and then it was coming back and that's when I, I fired at him. REYES: Okay. So, in your, it's your belief that the gun came up in his hand, crossed your path and actually went towards Officer Benstead? COSTELLO: Yes. REYES: And, you had not fired yet? COSTELLO: No. REYES: And, you say the gun - -what happened with the gun at that point, did it start coming back toward you? COSTELLO: It basically was coming back toward me. REYES: Okay. Then, then - - that's when you say that's when you fired? COSTELLO: That's when I fired. REYES: Okay. How many, how many rounds did you fire? COSTELLO: I believe I fired two rounds. REYES: Okay. Prior to firing those two rounds, did you give any verbal commands? COSTELLO: I continued to scream, "drop the gun". REYES: Okay. I know how much, how difficult it is cuz when your focus - - (inaudible) you're focusing on your actions, could you tell if Officer Benstead's making any statements at all? COSTELLO: I couldn't. REYES: Okay. So, you fired - - now, when you, you say you think you fired two rounds, in firing those two rounds, do you think they were back to back, or do you believe that you fired a round, delayed and then fired another one? Explain what you recall? 15 COSTELLO: I shot - - um, I believe I fired two rounds back to back. REYES: Okay. Now, when you fired the two rounds, explain your observations at that point, of the subject? COSTELLO: Right as I fired the second round, um, I felt - - I saw him fall forward and I, and I saw him fall in between both cars and I heard, I heard the gun hit the ground. I could hear how loud it was. I ran around the front of the car to get better position as I, I kept my weapon at low ready and I could see the gun about maybe six or seven inches away from his head. And he, he was laying on his back with his hands up. And I just told him not to move, don't move, don't touch the gun, don't move. REYES: How far away were you when you gave him those commands? COSTELLO: Uh, ten feet, twelve feet. REYES: What, what, what is he doing in terms of - - COSTELLO: He's got his hands in the air and he started apologizing. "I'm sorry, I'm sorry" um, he said, "I'm sorry, can you get my mom" um, "this hurts" I told him that we were calling for medical aid and, and they would be here as soon as they could. REYES: Okay. Do you still have your gun drawn? COSTELLO: Yes. REYES: Had any other officers arrived at that point? COSTELLO: Uh, after, after a few minutes uh, Officer Araiza arrived. REYES: Okay. Had you made any physical contact with this subject at all? COSTELLO: No, I hadn't. REYES: Prior to any other officers arriving? COSTELLO: No. 16 REYES: So, basically you held the gun at the guy - - at the subject at gun point until additional officers arrived? COSTELLO: Yes. I did. REYES: Where was the gun positioned when you had this guy held at gun point? COSTELLO: It was about six to eight inches away from his head and, and aiming away from him. REYES: What other type of commands, or do you continue saying similar commands? COSTELLO: I continue to tell him, I continue tell him just keep your hands up, don't touch the gun, medical aid's coming, they'll be here in just a minute, just relax. And then he, he, he basically complied. He apologized and had his hand, hands in the air, both of them. REYES: At any time did he attempt to um, get that gun again? COSTELLO: No, he didn't. REYES: Okay. Explain what happens when you say Officer Araiza arrives? COSTELLO: Officer Araiza arrived and basically came in to, to make sure he didn't grab the gun. He kicked the gun away um, under the car that was parked right there, and then he placed the subject in handcuffs. REYES: Okay. At any time did you reload? COSTELLO: No. I didn't reload. REYES: At any time did you pull your magazine out of your gun? COSTELLO: No. I didn't. REYES: Did Officer Benstead fire at all? COSTELLO: I didn't hear him fire. REYES: Are you not sure? MA COSTELLO: I, I, I mean, I, I don't remember him firing and I don't think he fired. REYES: Okay. Now after the subject's placed in handcuffs, who summons for medical aid? COSTELLO: I summoned for medical aid. REYES: Okay. Um, was - - at what point do you call for medical aid? COSTELLO: Um, shortly after he was shot. REYES: So, in between the time he was shot and before Officer Araiza - - COSTELLO: Yes. REYES: - - arrives? COSTELLO: Yeah, to the best of my ability. REYES: Okay. Then Officer Araiza arrives, places the subject in handcuffs, what happens from that point on? COSTELLO: Um, people just came out of the wood work and started walking around checking everything and I basically went under the vehicle and, and retrieved the handgun and secured it. REYES: Okay. So you picked up the gun then - - when you say secured, what did you do? COSTELLO: I just held onto it and um gave it to Sergeant Abshire. REYES: Okay. Did you do uh anything with the gun in terms of drop the magazine or check and see if it was loaded? You just took the gun as it was and you handed it to Sergeant Abshire? COSTELLO: Yes. REYES: What, what other actions did you do? COSTELLO: I, I stood by until - - when the other officers arrived, several other officers arrived um, and I stood by with uh Sergeant Abshire as um he was being treated by medical personnel and then um Officer Villegas uh, I left with him. He transported me to the station. REYES: Okay. While uh, from that point on, what do you mean transported to the station and uh, did you change any of your gear at all? Whether it be handgun, magazines, bullets or anything? COSTELLO: No, I didn't change anything of my gear. REYES: Now. The handgun you had on your person, is that the, the, the handgun that's approved by the department that you normally carry? COSTELLO: Yes. REYES: Is that the one that you qualify on our PD range with? COSTELLO: Yes. REYES: The ammunition you have in your handgun as well as your magazines, is that the department issued - - COSTELLO: Yes it is. REYES: - - ammunition? Okay. Now, let's go back to the shooting portion. You say that at one point it's your belief that the gun passes your path and heads - - starts towards your partner. Is there a reason why you didn't fire at that point? COSTELLO: No, there isn't a reason. REYES: Did you consider or was it too fast, explain (inaudible) - - COSTELLO: It happened, it happened very quickly and when it, when it passed my path, it wasn't by much more than six inches when it passed me and that's when it was coming back that I, I fired two rounds. REYES: Okay. COSTELLO: Cuz I didn't - - I wasn't sure originally if he was trying to get away running, but when he looked back and the handgun came up and it crossed my path, I thought I was going to get shot. 19 REYES: Okay. Now, you fired to rounds, is there, is there any reason - - can you explain to me, did you see the impact of your two rounds or, or what occurred when you fired those two rounds? COSTELLO: I saw one of the, one of the rounds um, strike him and that threw him forward. He fell forward and immediately the gun dropped and hit the gun. I could hear it hit the ground and he fell. REYES: Okay. Um, is there is a reason why you only fired two rounds? COSTELLO: I, after the second round, I saw him fall, I didn't feel there was anymore threat. REYES: So, you believe after your second round it was affective? COSTELLO: Yes, I did. REYES: And, and okay, you, you stated that you believed he wasn't of any more threat? Just let me just go back here for a little bit. Um, so I understand this correctly, he, you hear a gun and actually see a gun drop from this person? COSTELLO: Yes. REYES: And you're giving him commands? You're in full duty uniform, you have your gun drawn, and he goes back and he picks up the gun? COSTELLO: Yes. REYES: And while picking up the gun and the gun in his, is in his hand, Officer Benstead tries to go hands-on with the suspect? COSTELLO: Yes. REYES: With the gun - - while the suspect has the gun in his hand? And he - - you say he does some type of shoulder move where he flings Officer Benstead off his person? COSTELLO: Yes. His right elbow. 20 REYES: Okay. Is there anything else that you believe um, I want to, I want to get your mind set, anything else that as you're going through this event, one would be responding to the call, during this incident or immediately after as far as what you're thinking that, that you need, that you feel you need to explain, that has not been explained thus far. COSTELLO: No. Just when we got the call I realized how close we were and I just felt there's a, there's a good chance that somebody could be involved in a shooting outside that complex, so that's, that's one of the things that was going through my mind. REYES: You said you were about a block away? COSTELLO: Yeah. REYES: Did you, did you hear any gunshots at all? COSTELLO: No. REYES: Throughout the call for service upon arrival, did you hear any other gunshots? COSTELLO: No, I didn't hear any gunshots. REYES: Do, did the subject uh fire any rounds off at anytime during this incident? COSTELLO: I don't believe - - REYES: During your contact with him? COSTELLO: I don't believe he did. REYES: Okay. Let me just um, take a break for about a minute or two and I will be right back. It is about um, fifteen minutes to midnight. We'll stop the tape right now. (Clicking sound) We're going back on tape. It's uh, about twelve minutes to midnight. I think I have a couple more clarifying questions I need to ask you. Um, I'm going to go back zi to the area of um when he had the gun in his hand. Specifically when he picked up the gun and you made mention that it crossed your path and went towards your partner, let's go back, how far, how far were you away roughly from him at that point? COSTELLO: I was probably maybe twelve feet I think roughly. REYES: Was there anything obstructing your view between you and him at that point? COSTELLO: No. Nothing. REYES: Okay. When he has his gun, in his right hand correct? COSTELLO: Yes. REYES: And he's coming across your path heading towards your partner, what part of your body, if at all, do you believe the gun crossed your path? COSTELLO: My lower, my lower body. Lower uh, mid -section and it was sideways. REYES: Okay, if you - - stand up and go ahead and explain. Where, what part of your body do you believe? COSTELLO: Right across here, by my waist line. REYES: Okay. How was he holding the gun? COSTELLO: It was sideways. REYES: Was the gun, explain, if you can - - COSTELLO: Well in his right hand that it was like this. It was sideways and I could see the, I could see the barrel and that's what, that's what caught me, I couldn't believe he was aiming a gun at me. REYES: So, he had it sideways? Was his arm extended? COSTELLO: It was like partially extended, but it was moving sideways. REYES: And, what part of your, your body do you believe it crossed? COSTELLO: Like my lower mid -section. 22 REYES: Okay. COSTELLO: Stomach area. REYES: Now, um, going back to your initial response when you get there and these subject are pointing um at this specific uh subject, I think I asked you, were they making any type of comments at all? COSTELLO: I couldn't tell, because I just wanted to focus on that individual, because I could tell, that they were, they were pointing at him as if they didn't want to be known that they were pointing at him. REYES: Okay. Okay. COSTELLO: Because he was looking away from them. REYES: Okay. Now, at one point he makes a statement, what was it, "fuck this"? COSTELLO: "Fuck this". REYES: "Fuck this" and then he turns and goes away? COSTELLO: He turns away and he starts to walk around from the car and then gets into a run. REYES: Okay, just prior to him making this statement, you're giving him verbal commands, correct? COSTELLO: Yes. REYES: What type of verbal commands were you giving him? COSTELLO: I told him I was the police. I told him to come here and then I told him to sit down when he started to walk away. REYES: Okay. In your opinion, when you're giving these verbal commands, do you believe he can understand you? COSTELLO: Yes, I do believe he could understand me. REYES: And what do you base that on? 23 COSTELLO: Basically the fact that he looked at me, looked away and it was obvious that he could tell I was a Police Officer and then he started to take off. I heard him say "fuck this" so that was, that was in pretty legible English. And so I, I had no (inaudible) - - REYES: And the statement of "fuck this" was um fairly close to you, giving him verbal commands, such as it was a response to one of your verb, verbal commands? COSTELLO: That's what I felt it was. REYES: Okay. Now, throughout the time after um he's shot and he's sit - - laying on the ground and you're giving him commands, um, at gun point, he's making statements, correct? COSTELLO: Yes. REYES: And go over those statements he's making again. COSTELLO: He basically apologized. He said he was sorry, "I'm sorry. This hurts" uh, "Can you get my mom? Can you get my mom? Can you have my mom come over here? This really hurts. Oh, shit" and he was moving back and forth and he had his hands up and I just kept telling him don't touch the gun, don't touch the gun, we've got medical aid coming. They're going to come and take of you. Just relax. Don't touch the gun. And he just said, "alright, alright, I'm sorry". REYES: Okay. When he's making all these statements, what language is he saying this in? COSTELLO: In English. REYES: Is it, is it, what, is it clear or broken English? COSTELLO: It's perfectly clear English. REYES: Okay. Now, to get an understanding whether he's understanding you 24 or not, is the dialogue similar to the way me and you are talking now, where, I, I would say something and you would respond? COSTELLO: Yes. - - REYES: - - he was making statements and then, he would wait for you to stop and then he would start saying stuff, how - - COSTELLO: No, we were talking. We had a dialogue. We were talking. I was talking to him, telling him to relax, don't touch the gun, medical aid's coming and he's apologizing to me saying okay, okay, this hurts, can you get my mom, can you get my mom - - REYES: So, he's responding to your - - COSTELLO: Yes. REYES: - - and to your directions? COSTELLO: Yes. REYES: Okay. Now, did you work yesterday? COSTELLO: Yes. REYES: What shift did you work? COSTELLO: Swing Shift. REYES: Regular scheduled uh shift? COSTELLO: Four -thirty to two -thirty. REYES: Did you get off on time? COSTELLO: uh, yes. REYES: Roughly what time uh did you get to sleep? COSTELLO: I got to be about three o'clock. REYES: Roughly how many hours do you think you slept? COSTELLO: I slept about seven hours. REYES: Is that normal for you? 25 COSTELLO: Yes. REYES: Do you feel that you were uh well rested - - COSTELLO: Oh absolutely - - REYES: - - for today's shift? COSTELLO: Yes. REYES: Okay. I don't have any further questions. Um, anything else? KRAUSE: No, I don't. REYES: Okay. Do you have anything else to add? COSTELLO: Just about, I, I was scared to death. I was scared that this guy was going to shoot me. He was pointing a gun at me and I thought he was going to shoot me and I thought he was going to shoot my partner. And I was, I was scared to death for my life. REYES: Okay. Did you want to ask him any questions? KRAUSE: No. REYES: Okay. It's uh, about five uh, six minutes to midnight. And we'll conclude - - TAPE ENDS � Palm Springs PD CASE # Arrest Crime [' P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal CA0331100 PAGE Supplemental Report 1 OF 6 OFFENSE(S) OFFENSE(S) cont'd 245(D)(1) PC; Assault WlFirearm On Peace OfficerlFirefighter; Fel. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05129107 19:34 Tuesday 05129/07 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR 366 Mariscal Rd, Palm Springs Apartment/Condo ND T26 CASE SUMMARY Witness List NARRATIVE WITNESS LIST ADMINISTRATION FOLLOW-UP COPIES TO: YES QX NO ❑ ❑ PAT DET ❑ DA COURT Ej PROBATION VWAP OTHER BY OFFICER DATEITIME APPROVED BY DATE APPROVED S. Bosler 15124 05/3112007 14:40 OFFICER UNITISHIFT ASSIGNED TO CASE STATUS Closed Arrest ❑ Palm Springs PD CASE # Crime ❑x P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal ❑ CA0331100 PAGE Supplemental Report 2 OF 6 OFFENSE(S) OFFENSE(S) conl'd 245(D)(1) PC; Assault W1Firearm On Peace Officer/Firefighter; Fel. DATE AND TIME REPORTED DATE, TIME AND DAY OF OCCURENCE 05/29/07 19:34 Tuesday 05/29107 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR 366 Mariscal Rd, Palm Springs ApartmentlCondo ND T26 CASE SUMMARY Witness List NARRATIVE ADMINISTRATION FOLLOW-UP COPIES TO: YES �X NO ❑ PAT ❑ DIET ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER BY OFFICER DATElrIME APPROVED BY DATE APPROVED S. Bosler 15124 05/3112007 14:40 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Closed Arrest ❑ Palm Springs PD CASE # Crime ❑x P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal ❑ CA0331100 PAGE Supplemental Report 3 OF 6 OFFENSE(S) OFFENSE(S) coned. 245(D)(1) PC; Assault WlFirearm On Peace Officer/Firefighter; Fel. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29/07 19:34 Tuesday 05/29/07 19:34 LOCATION OF OCCURENCE Palm Springs LOCATION NAME TYPE OF LOCATION BEAT ApartmentlCondo SECTOR ND T26 CASE SUMMARY Witness List NARRATIVE 16). Officer Gus Araiza Palm Springs Police Department 200 S. Civic Drive Palm Springs, CA 92262 (760) 323-8159 17). Officer Don Dougherty Palm Springs Police Department 200 S. Civic Drive Palm Springs, CA 92262 (760) 323-8159 ADMINISTRATION FOLLOW-UP COPIES TO: YES �X NO ❑ ❑ PAT ❑ DET ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER BY OFFICER DATETIME APPROVED BY DATE APPROVED S. Bosler 15124 05/3112007 14:40 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Closed i Arrest 0 Palm Springs PD CASE # crime x P.O. Box 1830, Palm Springs, California 92263 0705P-6270 n Non -Criminal CA0331100 PAGE Supplemental Report 4 OF 6 F5(NSES) OFFENSE(S) cont'd. )(1) PC; Assault W/Firearm On Peace Officer/Firefighter; Fel. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05129/07 19:34 Tuesday 05129107 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION PEAT SECTOR -Palm Springs Apartment/Condo ND T26 CASE SUMMARY Witness List NARRATIVE 18). Sergeant Paul Abshire Palm Springs Police Department 200 S. Civic Drive Palm Springs, CA 92262 (760) 323-8159 19). Officer Steve Williams Palm Springs Police Department 200 S. Civic Drive Palm Springs, CA 92262 (760) 323-8159 20). Officer Bill Judd Palm Springs Police Department 200 S. Civic Drive Palm Springs, CA 92262 (760) 323-8159 21). Officer Stefanie Campbell Palm Springs Police Department 200 S. Civic Drive Palm Springs, CA 92262 (760) 323-8159 22). Officer Mike Villegas Palm Springs Police Department 200 S. Civic Drive Palm Springs, CA 92262 (760) 323-8159 A OMINIS TRA TION FOLLOW-UP COPIES TO: YES Qx NO ❑ PAT DET 0 DA ❑ COURT PROBATION ❑ VWAP OTHER BY OFFICER DATEMME APPROVED BY DATE APPROVED S. Bosler 15124 05/3112007 14:40 OFFICER UNITISHIFT ASSIGNED TO CASE STATUS Closed .. .. _ , ., . � .. .- .. • nr�n m __. nun unc� n_:_. ri_. _..nuns nnn Arrest ❑ Palm Springs PD CASE # Crime 0 P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal ❑ CA0331100 PAGE Supplemental Report 5 OF 6 OFFENSE(S) OFFENSE(S) cont'd. 245(D)(1) PC; Assault WlFirearm On Peace Officer/Firefighter; Fel. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29/07 19:34 Tuesday 05/29107 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Wariscal Rd, Palm Springs ApartmentlCondo ND T26 CASE SUMMARY Witness List NARRATIVE 23). Officer Joshua Cremeans Palm Springs Police Department 200 S. Civic Drive Palm Springs, CA 92262 (760) 323-8159 24). Officer Czersale Hilton Palm Springs Police Department 200 S. Civic Drive Palm Springs, CA 92262 (760) 323-8159 25). Sergeant Bryan Reyes Palm Springs Police Department 200 S. Civic Drive Palm Springs, CA 92262 (760) 323-8144 26). Detective Rhonda Long Palm Springs Police Department 200 S. Civic Drive Palm Springs, CA 92262 (760) 323-8142 27). Detective Frank Browning Palm Springs Police Department 200 S. Civic Drive Palm Springs, CA 92262 (760) 323-8145 ADMINISTRATION FOLLOW-UP COPIES TO: YES �X NO ❑ ❑ PAT DET ❑ DA ❑ COURT PROBATION VWAP OTHER BY OFFICER DATETIME APPROVED BY DATE APPROVED S. Bosler 15124 05131/2007 14:40 OFFICER UNITISHIFT ASSIGNED TO CASE STATUS Closed Arrest i� Palm Springs PD Crime [x l P.O. Box 1830, Palm Springs, California 92263 Non -Criminal El CA0331100 SUF OFFENSE(S) 245(D)(1) PC; Assault W/Firearm On Peace Officer/Firefighter; Fel. DATE. TIME AND DAY OF OCCURENCE 05/29107 19:34 Tuesday LOCATION OF OCCURENCE 00-Mariscal Rd, Palm Springs CASE SUMMARY Witness List NARRATIVE OFFENSE(S) coned. DATE AND TIME REPORTED 05/29107 19:34 LOCATION NAME TYNF OF LOCATION ApartmentlCondo 28). Sergeant Crager Palm Springs Police Department 200 S. Civic Drive Palm Springs, CA 92262 (760) 778-8406 29). Detective Galvan Palm Springs Police Department 200 S. Civic Drive Palm Springs, CA 92262 (760) 323-8143 30). Crime Scene Technician Jamie Johnson Palm Springs Police Department 200 S. Civic Drive Palm Springs, CA 92262 (760) 323-8104 CASE # 0705P-6270 PAGE 6 OF 6 BEAT SECTOR ND T26 ADMINISTRATION FOLLOW-UP COPIES TO: YES QX NO ❑ PAT. ❑ DET. DA ❑ COURT ❑ PROBATION ❑ VWAP OTHER BY OFFICER DATE/TIME APPROVED BY DATE APPROVED S. Bosler 15124 05/31/2007 14:40 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Closed c.__ n_.,i..ii c Iqe 17--A t... c.._A__ In --I— A IDT11- /AAv nA/iA/nA1 Prinf Tlotn• fl(,/M /�!1 Recorded Interview of (Recording begins...) DR #0705P-6270 BUCKLIN: We don't know if they got your information, so we need to talk to you, if you don't mind. - Yes. Um... Shut up, barking fool. Shut up, fool. Shut up. Alright. GUARINO- We can't find anybody who said they talked to you. - Um, it was one... one was, like a skinny... a White girl? Caucasian? And then there was another blonde guy. GUARINO: Skinny White girl... I gave `em my number. I give it to you again. BUCKLIN: Okay. Can I talk to her and you... you talk to him real quick? GUARINO: Sure. No problem, man. GUARINO: Alright, let me get the notepad out, man. Alright. This is... GUARINO: Little skinny notepad. Let me get... Alright. She already did all this. Okay. GUARINO: Yeah.... We're asking everybody that was out here, and called every female that was here... and they said they didn't talk to anybody. _ Okay. It was... well, the guy took me. The guy. I don't know his name. I didn't take his name down. GUARINO: Okay. What's your first name? Um, GUARINO: Uh-huh. GUARINO: Middle name? GUARINO: And how do you spell your last name? MALE V: GUARINO: - GUARINO: Date of birth? GUARINO: And your address? GUARINO: What number? Or is that a... GUARINO: Phone number? Cell number? GUARINO: Okay. So... what did you... what happened, from the beginning? Okay. I was out here. I was smoking a cigarette. GUARINO: Okay. - Standing here. GUARINO: Out front of... what, this is GUARINO: Okay. So you're smoking. Alright. And Dave... and I don't know the other officer's name... GUARINO: You saw them roll up in the... - Yeah. They was right here. Right... right where... (Unintelligible) right there? GUARINO: You're talking about Costello? Costello. Yeah. GUARINO: Okay. _ I know him... as Dave. I know Dave... I don't know him by his last name. They was right there... right where the two units... the two officers are, right there? Are they standing right there? GUARINO: Where'd they park? They was parked over there. Right where the light is at? Their car was over there. GUARINO: Okay. Right by that... behind that white car? - Right where the light is at. See the light... GUARINO: The camera light? - That's right. Yeah. They was over there. GUARINO: And you saw two get out? You saw Costello... Uh-huh. And they was all... and then gave his command... Um, put the weapon down. GUARINO: And where... where was... and who were they talking to? They were talking to the guy that was right here in the white... in the white car right here. The white truck? GUARINO: Okay. On the side. I don't know if he was facedown or whatever. But he was on that side. And there was two shots fired. GUARINO: And what did you hear him say? To put the weapon down. GUARINO: Were they screaming that, or...? The officers was. GUARINO: Both of them were saying put the weapon down? - Yeah. And then I told my girl to go back in the house. And... it was, like... it was like plop, plop. And then... that's when another female... the older moms, she came running out of the house... and they still had they weapon drawn. And Dave Costello... GUARINO: Uh-huh. ...told 'em, you know, get back. Get back. Get back. Get back. Get back. Then another female came running down the street from this side... and... by this time the K-9 Unit... GUARINO: Okay. ...came up. GUARINO: All the other officers started pouring in... He detained her right there. GUARINO: Okay. But did you see the guy... when you heard the... did you actually see the... the suspect get shot? Yeah. GUARINO: And where were you at right exactly when this happened? Here. They rolled up here... GUARINO: Okay. ... and, like... oh, shit. And, but he was on the other side of the... where the truck is at? GUARINO- So you couldn't see clearly, but you could see him. - Yeah. I... I could see more of the officers than I could see him. GUARINO, Okay. And... and... no, they was barking out their commands real loud. You know what I mean? And if I can hear `em over here, I'm sure he heard 'em, too. GUARINO: Alright. Alright, man. GUARINO: I appreciate it. No problem. GUARINO: Thank you. End of recording Recording length: 4:50 Typed by Farrance, #10800 05/30/2007 i • 11 DR #0705P-6270 Recorded Contact with male believed to be (Recording begins...) MALE: How's it going? BUCKLIN: Good. Were you guys home earlier? MALE: Yeah. BUCKLIN: Did you hear what happened out here? MALE: Uh-huh. BUCKLIN: Oh, okay. MALE: Yeah, um... we, like... we was in cooking... right here. I know Dave, you know what I mean? I know him. From downtown. BUCKLIN: Uh-huh. MALE: (Unintelligible, cell phone ringing)... an officer? `Cause right here, when they gave the guy a command, to tell him, you know, get out of the car and put the weapon down, it was like... it happened real fast. There was only two shots. It was like right where... GUARINO: Did you... talk with somebody already? BUCKLIN: Did you see anything that happened? MALE: Yeah. GUARINO: Who interviewed you? MALE: Um... a little female. Female... and then another guy. GUARINO: Oh, so you were interviewed already? MALE: Uh-huh. BUCKLIN: Oh, okay. They already talked to you? MALE: Uh-huh. BUCKLIN: Okay. They talk to you also? MALE: No, she was inside. I was right here. And it happened so fast, and I ended up... BUCKLIN: Oh, okay. MALE: Then the K-9 was the first one on the scene, out there... and like say, he was right here when... I guess they job... right there in the damn street. It was, like... shew. GUARINO: That quick, huh? MALE: Yeah. I was, whoa. I mean, you wouldn't even know it if you wasn't, like, watching. It was like pop -pop. BUCKLIN: Do you know which officers you talked to? MALE: Uh... now, it was a female at one time, but then another guy came... kind of blonde -haired kind of guy? I don't know who he is, but... he got my name and all of that. BUCKLIN: Oh, okay. End of recording Recording length: 1:22 Typed by Farrance, #10800 05/30/2007 11 • DR #0705P-6270 Recorded Interview of (Recording begins... two conversations are in progress; Officer Bucklin in the background and Officer Guarino with in the foreground)) GUARINO: Can I get your first name? GUARINO: rup. GUARINO: Middle name? GUARINO: GUARINO: I'm sorry, what? GUARINO: Last name? Close enough. GUARINO: Close enough? Date of birth? GUARINO: And you live at... GUARINO: Is that Mariscal? Yeah. GUARINO: Do you have a number, sir? GUARINO: And that's a cell? Yeah. GUARINO: About what time did you hear the shots? I don't know. I was sleeping... I was taking a nap. GUARINO: Were you awoken by the... by the shots? Or...? Yeah. GUARINO: How many did you hear? Two. Right under my sofa. GUARINO: Where they right -together shots, like a bang -bang? Or...? It was a bang -bang. Right under the sofa. GUARINO: Did you hear screaming, yelling or anything? Not until... not for several minutes. GUARINO: What did you hear? The girl. The woman.... was yelling. I thought it was in the back, up here. I thought that it happened behind my... you know. So I went to the back of the house, looking around and opening the windows, trying to see where it was coming from. 'Cause it sounded so close.... GUARINO: Yeah. ' nd I thought it was out there, but... GUARINO: So, all together, out of all the shots, you heard two. only heard two. GUARINO: You only heard two. Okay. No other information you could give us? No. GUARINO: You heard the two shots and... Wish I could, man. I'd be right out there. No problem... sharing. GUARINO: Yeah. Well, we appreciate it. We just wanted to make sure that we heard all the... you know, what people heard and etcetera. Well, I heard somebody say he heard six shots. GUARINO: Well... These were so close, I could almost feel them. GUARINO: Oh, really? So I go, okay, should we, like, duck? End of recording Recording length: 2:36 Typed by Farrance, #10800 05/30/2007 E • DR #0705P-6270 Recorded Interview of (Recording begins in progress...) - It's usually parked blocking off... it sits, like... facing that door. GUARINO: Mariscal? Uh-huh. GUARINO: Or... yeah. BUCKLIN: Okay. Were you home when this happened? - No. I just hope they wouldn't come (inaudible). I was just curious. BUCKLIN: Okay. So you didn't hear or see anything? - No. Nu -huh. No, I came home and they already had it blocked off. They said (inaudible). BUCKLIN: Yeah. Yeah. BUCKLIN: And what's your name, ma'am? BUCKLIN: How do you spell that? BUCKLIN: And your middle name? BUCKLIN: Oh, there's a lot of 'em... _middle names. Yeah. BUCKLIN: And last name? BUCKLIN: nd your date of birth? BUCKLIN: And you live at_ Yeah. Can you guys tell me anything about what happened? GUARINO.- You know why? We don't know a whole lot what happened. This has been our duty. BUCKLIN: Yeah, you'll get more on the news than we know. Yeah, yeah. BUCKLIN: Uh, what's your home phone, ma'am? It's... well, I got a cell phone... I don't really answer the home; I use it for Internet, but the cell BUCKLIN: I'll just put not home. Thank you. Sure. BUCKLIN: What kind of dog? Welsh Terrier. BUCKLIN: Yeah, it's like a... End of recording Recording length: 1:32 Typed by Farrance, #10800 05/30/2007 i G. 0 DR #0705P-6270 Recorded Interview of (Recording begins in progress...) GUARINO: ...can we get your name, real quick? It's for a police report; we just wanna make sure everything is complete. - Yeah, sure. No problem. BUCKLIN: What's your name, sir? - Do I know what time? I don't know what time I have? - BUCKLON- � Middle name? - is the last name. _ is the first name. BUCKLIN: BUCKLIN: - Yes. BUCKLIN: Middle name? - No middle name. BUCKLIN: And what's your date of birth, sir? BUCKLIN: And where do you live at? - Right here. BUCKLIN: Ah, the address? BUCKLIN: That's Mariscal? - Mariscal. BUCKIN: What's your phone number there? BUCKLIN: Okay, and where do you work at? BUCKLIN: And what do you do for them? - Ah, BUCKLIN: And what's your work phone, sir? - I don't know what my work number is... What's the area code? BUCKLIN: Yeah. It's just that I've been there less than a year and I don't remember it. BUCKLIN: This is a cell phone here? Yes. BUCKLIN: No home phone? - No. BUCKLIN: Um... what time were you home? _ I got here, probably about... about four o'clock. Five o'clock, I guess. Somewhere around there. BUCKLIN: Some time between four and five? Did you happen to look at the clock during that time? - No. No. We were sitting out here, eating... it must have been... it would have to be, probably what... about six o'clock, maybe? But I'm guessing because I don't exactly know when they... I don't remember when that... I didn't look at the time when I heard the shots. BUCKLIN: Were you on the balcony? Yes. It sounded like firecrackers to us. BUCKLIN: How many did you hear? Two. And they were, like, right behind me, like bang -bang. BUCKLIN: And did you see anyone? - No. BUCKLIN: Did you hear anything, other than that? - Nope. BUCKLIN: People yelling? Talking? - Nope. BUCKLIN: You didn't hear... you just heard the boom -boom and that was the end? - Well, no. I heard people yelling and some talking... after the shots. But I... it just sounded to me like a party. You know, like, okay, they're just having a party; there's firecrackers, you know. BUCKLIN: Could you tell what was being said? _ Nope. BUCKLIN: You heard yelling and...? - I heard yelling... screaming... then after that, a little bit later, I heard the... the ambulance and the police and fire trucks. BUCKLIN: Sirens? - Yeah. And that's when I said oh, it had to have been a shooting. BUCKLIN: You couldn't tell what was said? No. BUCKLIN: Okay. And you didn't look out here and see... - And I didn't look out. I didn't look out. BUCKLIN: Okay. - At that time, I just wasn't interested. You know what I mean? I wasn't interested. I said, okay... you know. BUCKLIN: Could you tell if it was a male or a female screaming? Do you know? - It sounds like a (unintelligible, wind interference). BUCKLIN: More than one? - Oh, yeah. It was more than one voice. I could hear more than one voice. It was at least about three or four different voices. GUARINO: You got another one? BUCKLIN: So that was it. That's all? Yeah, that's it. BUCKLIN: Okay. And I didn't look out... I didn't even look out across the balcony until I saw the police come, and then I saw the ambulance come, and then I said oh, no. BUCKLIN: So you have no idea... End of recording Recording length: 4:34 Typed by Farrance, #10800 05/30/2007 11 11 Arrest ❑ Palm Springs PD CASE # Crime 13� P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal ❑ CA0331100 PAGE Supplemental Report 1 OF 3 OFFENSE(S) OFFENSE(S) conl'd. 245(D)(1) PC; Assault W/Firearm On Peace Officer/Firefighter; Fel. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29107 19:37 Tuesday 05129107 19:37 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Palm Springs Apartment/Condo CASE SUMMARY Responded to shots Fred call. Suspect Robles ignored commands by police to stop. He ran, dropped a handgun and picked it up and pointed it at police. NARRATIVE Source: On 052907 at 1937hrs., I was on routine police patrol in a marked PSPD unit with trainee Ofcr. Benstead. We were dispatched to a shots fired call at = Mariscal. Dispatch advised that the rlp was in unit�nd believed that the shots may have come from unit #E Dispatch advised that a male and female live in unit a We responded from the 400 blk. of W. Via Escuela and arrived within a minute. Based on the fact that I was responding from around the corner, I felt that the suspect from the shooting may possibly still be at the scene. Officer statement: I parked east of the Middress and Ofcr. Benstead and I approached the complex on foot. As we were walking toward the parking area in front of the complex, I could hear loud talking or yelling. As we walked into the parking lot in front of the complex, I could see two men standing on either side of a vehicle that was parked behind another vehicle. One of the subjects appeared to be a Hispanic male wearing a white T-shirt and the other subject appeared to be a white male wearing a black T-shirt. As we were walking toward the subjects, I noticed several males standing directly in front of the complex. As soon as I looked at the males, they all simultaneously started pointing toward the Hispanic male with their index fingers and giving head gestures, leading me to believe that the Hispanic male was possibly involved in the shots fired. As we approached the subject from a distance, the Hispanic male looked directly at Ofcr. Benstead and I and quickly looked away as if he was very surprised to see us. I identified myself as the police and asked for the subject to stop. The subject looked back at us and I could hear him say, Fuck this. He immediately started to quickly walk around the front of the vehicle and he started running south west through the parking lot. I yelled Stop police several times as the subject picked up speed. Fearing that this subject may have just been involved in a shooting, Ofcr. Benstead and I started running west bound through the lot to cut off the angle. As the subject ran, I noticed something fall from the back waistband of his pants and as it hit the ground, I could hear the loud sound of metal hitting asphalt. We were ADMINISTRATION LOW -UP ) YES O NO COPIES TO: ❑ PAT ❑ DET ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER BY OFFICER D. Costello 10855 DATE/TIME 05131/2007 11:33 APPROVED BY Bryan Reyes 10660 DATE APPROVED 05131/07 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Supp-l-Coste/10855 Entered by: Dave Costello APDC (Rev. 06/16/06) Print Date: 05/31/2007 Arrest ❑ Palm Springs PD Crime 17 1 P.O. Box 1830, Palm Springs, California 92263 Non -Criminal ❑ CA0331100 S OFFENSE(S) 245(D)(1) PC; Assault W/Firearm On Peace Officer/Firefighter; Fel. DATE. TIME AND DAY OF OCCURENCE 05129/07 19:37 Tuesday LOCATION OF OCCURENCE LOCATION NAME 366 Mariscal Rd #7, Palm Springs ntal Report OFFENSE(S) cont'd DATE AND TIME REPORTED 05/29107 19:37 CASE # 0705P-6270 PAGE 2 OF 3 TYPE OF LOCATION I BEAT SECTOR Apartment/Condo CASE SUMMARY Responded to shots fired call. Suspect Robles ignored commands by police to stop. He ran, dropped a handgun and picked it up and pointed it at police. NARRATIVE about fifteen feet away from the subject and as the item hit the ground, I immediately recognized it as a stainless steel handgun. The subject was still moving forward as the gun fell from his waistband, so he tried to stop and slid a few feet forward before changing direction. He started to run back toward the gun as Ofcr. Benstead moved forward toward him. I yelled as loud as I could for the subject to stop and I said, Dont touch the gun several times. The subject looked up toward my direction and continued running toward the weapon, ignoring my many verbal commands. I could see the subject approach the handgun and then reach down and pick up the weapon as he was still instride. Ofcr. Benstead grabbed onto the subject right shoulder of the subject and the subject swung his shoulder back and forth causing Ofcr. Benstead to lose his grip and fall to the ground. At this point I drew my handgun and screamed for the subject to drop the gun several times as he continued to run north east through the parking lot toward the front of the vehicle he had been standing next to moments earlier. As the subject approached the front of the vehicle, I could see the handgun grasped in his right hand. As he moved forward, I continued to scream for him to drop his gun and I could see his right arm move upward and back. I could see the barrel of the handgun cross in front of my waist and I thought that he was going to fire his gun at me or Ofcr. Benstead . Fearing for my life and the life of my partner Officer Benstead and any bystanders, I fired two rounds at the subject and saw at least one of the rounds strike the subject on the right side. The subject fell forward in between the two vehicles and dropped the handgun which came to rest about eight to ten inches from his head. I ran around the back of the vehicle and could see the subject holding both of his hands in the air as he laid on the ground. I yelled for the subject not to touch the gun and he did not. The subject said that he was sorry several times and that he was in pain. He asked me to call his mother and I told him that medical aid was on its way. I quickly notified dispatch of the shooting and for them to send medical aid in as well as additional units and supervisors. I did not know if we had any other victims from the original shots fired call and I was unable to check apartment 0 Ofcr. Araiza arrived and immediately approached the subject. Ofcr. Araiza kicked the stainless handgun a few feet away from the subject and placed him in handcuffs as medical aid was en route. I recovered the stainless steel handgun that the subject had pointed at 1OW-UP YES ❑X NO BY OFFICER D. Costello 10855 OFFICER ADMINISTRATION COPIES TO: ❑ PAT ❑ DET DATEMME 05/31/2007 11:33 ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER APPROVED BY Bryan Reyes 10660 UNIT/SHIFT I ASSIGNED TO DATE APPROVED 05/31/07 CASESTATUS Supp- I -Coste/ 10855 Entered by: Dave Costello APDC (Rev. 06/16/06) Print Date: 05/31/2007 Arrest ❑ Crime Q Non -Criminal El Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CA0331100 Supplemental Report OFFENSE(S) I OFFENSE(S) conl'd. 245(D)(1) PC; Assault W/Firearm On Peace Officer/Firefighter; Fel. DATE. TIME AND DAY OF OCCURENCE 05129/07 19:37 Tuesday LOCATION OF OCCURENCE Palm Springs DATE AND TIME REPORTED 05/29107 19:37 CASE # 0705P-6270 PAGE 3 OF 3 LOCATION NAME TYPE OF LOCATION BEAT SECTOR ApartmenUCondo CASESUMMARY Responded to shots fired call. Suspect Robles ignored commands by police to stop. He ran, dropped a handgun and picked it up and pointed it at police. NARRATIVE me and I turned it over to Sgt. Abshire after he arrived. Based on the fact that I was involved in the shooting and other officers were on scene to assist, I left the scene with Ofcr. Villegas. After the incident, I found that the subject that ignored my commands, ran from me and pointed a gun at me was identified as Roberto Robles (120484). ADMINISTRATION OW -UP COPIES TO: YES QX NO n ❑ PAT ❑ DET ❑ DA ❑ COURT BY OFFICER DATEMME APPROVED BY D. Costello 10855 05/3112007 11:33 Bryan Reyes 10660 OFFICER UNIT/SHIFT I ASSIGNED TO PROBATION ❑ V WAP ❑ OTHER DATEAPPROVED 05131107 CASE STATUS Supp-l-Coste/10855 Entered by: Dave Costello APDC (Rev. 06/16/06) Print Date: 05/31/2007 9 • Arrest ❑ Palm Springs PD CASE # Crime ❑x P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal CA0331100 PAGE Supplemental Report 1 OF 4 )FFENSE(S) OFFENSE(S) cont'd 245(D)(2) PC; Assault W/Semiautomatic Rifle On Peace Officer/Firefighter; F DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05129107 19:34 Tuesday 05/29107 19:34 LOCATION OF OCCURENCE -Palm Springs CASE SUMMARY NARRATIVE LUGAI IUN NAME TYPE OF LOCATION BEAT SECTOR Apartment/Condo 214 At approximately 1937 hours, while on patrol in a marked police unit (#33) in full duty uniform with Officer Costello, we were dispatched to =Mirascal in reference to a shots fired call. We arrived almost immediately. When we arrived we parked our patrol unit approximately two lots east of M Mirascal. Officer Costello and I approached the apartment complex on foot. As we were walking west bound on Mirascal, I heard several people yelling but could not understand what they were saying. We could not see through the Oleander trees to the front of the apartment complex. Officer Costello and I ran towards the south parking lot where the yelling seemed to be coming from. It was our belief that the subjects yelling may have been involved in the shots fired call. Due to our rapid response and close proximity to the call we believed the call was still in progress and that the suspect was still armed. As we approached the parking lot, I saw approximately eight individuals standing to the north side of the parking lot. Everyone stopped talking as we walked up. A Hispanic male adult was standing in the center of the parking lot facing away from us, about 15' south of the group. He was later identified as Roberto Robles. Robles turned around and saw Officer Costello and I walking towards the parking lot. Robles immediately appeared panicked at our presence, based upon the expression on his face. He began walking away from us. Officer Costello and I were both in full duty uniform. Robles had an unobstructed view of Officer Costello and I. Due to his initial response to seeing Officer Costello and I, 1 believed he was involved in the shots fired call. Officer Costello told Robles to stop and keep his hands where we could see them. He ignored his commands, did not comply and continued walking and looking around the area. It appeared the suspect was looking for an escape route. Officer Costello and I told Robles to put his hands up and to get onto the ground. He continued to walk away from us, failing to follow any commands. We repeatedly told Robles to stop, put his hands up, get onto the ground, and he refused by not complying. ADMINISTRATION SLOW -UP COPIES TO: YES �X NO ❑ ❑ PAT X❑ DET DA COURT D PROBATION VWAP OTHER BY OFFICER DATEMME APPROVED BY DATEAPPROVED D. Benstead 15627 05/30/2007 11:56 Phil Parker 6169 05130/07 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Supp-l-Benst/fficer Entered by: Donny Benstead APDC (Rev. 06/16/06) Print Date: 05/31/2007 ❑ Palm Springs PD CASE # Arrest Crime X P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal L! CA0331100 PAGE Supplemental Report 2 OF 4 /FFENSE(S) OFFENSE(S) coned 245(D)(2) PC; Assault W/Semiautomatic Rifle On Peace Officer/Firefighter; F DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05129107 19:34 Tuesday 05/29/07 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR �, Palm Springs Apartment/Condo 214 CASE SUMMARY NARRATIVE Officer Costello and I continued following Robles west bound through the parking lot. I approached him from the rear left side as he walked away from us. Officer Costello drew his duty weapon and continued giving commands to Robles. It was apparent Robles noticed that I was approaching him because he began walking faster. I reached out to grab Robles' left arm. I was within one foot of him when I reached out. Before I made physical contact with him, I saw a silver metal semi -automatic handgun fall out of the area of his right pant leg. The handgun was silver metal in color, black handgrips and was approximately eight inches in length. It was my belief that this was an operational firearm based on its appearance. The gun hit the asphalt surface of the parking lot and made a sound consistent with metal striking the asphalt. Using a lesser means of force, I dove towards Robles attempting to push him away from the gun, so that he could not arm himself and shoot me and/or Officer Costello. At the same time Robles bent down toward the gun, which was located on the asphalt approximately one foot from his right foot. It was my belief he was reaching for the gun. I became fearful for my safety and the safety of Officer Costello. I was unable to restrain Robles because when I dove toward him, I veered off of his body with mine and landed on the asphalt with my left side on the ground, causing a Yx4" abrasion to my left forearm. At this time, I was at a position of disadvantage because I was lying on the ground and Robles remained on his feet. As I slid on the asphalt, I saw Robles pick up the gun by the grip, with his right hand. He began to run in a northeast direction as he raised the gun barrel towards Officer Costello. Officer Costello was standing approximately fifteen feet south of Robles. I was about 20' feet N1W of Officer Costello. I believed Robles was going to shoot Officer Costello, so I drew my duty weapon to shoot him to defend against this attack. As I was drew my duty weapon, I heard two shots coming from Officer Costello's direction. Robles was still holding the gun in his right hand and pointing it towards Officer Costello. Robles fell to the ground between the front and rear of two parked vehicles. Robles landed on his stomach with his head towards the east. Officer Costello and I commanded Robles to put his hands up. He complied, but I could not see LLOW-UP YES ❑X NO ❑ BY OFFICER D.Benstead 15627 OFFICER ADMINISTRATION COPIES TO: ❑ PAT fl DET DATEMME 05/3012007 11:56 UNIT/SHIFT ❑ DA ❑ COURT APPROVED BY Phil Parker 6169 ASSIGNED TO ❑ PROBATION ❑ VWAP ❑ OTHER �DATEAPPROVED 05130/07 i CASE STATUS Supp- I -Benst/fficer Entered by: Donny Benstead APDC (Rev. 06/16/06) Print Date: 05/31/2007 Arrest Palm Springs PD CASE # Crime xP.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal CA0331100 PAGE Sopplemental Report 3 of 4 .FFENSE(S) OFFENSE(S) cont'd 245(D)(2) PC; Assault W/Semiautomatic Rifle On Peace Officer/Firefighter; F DATE, TIME AND DAY OF OCCURENCE 05/29/07 19:34 Tuesday LOCATION OF OCCURENCE LOCATION NAME aim Springs CASE SUMMARY NARRATIVE DATE AND TIME REPORTED 05/29/07 19:34 where his gun had gone. I did not fire my duty weapon. TYPE OF LOCATION BEAT SECTOR ApartmentlCondo 214 I stood up and Officer Costello and I held Robles at gun point. I saw Robles' gun laying approximately one foot to the left side of his head. Officer Costello made a radio broadcast of shots fired and requested additional police officers and a paramedic. Officer Costello walked towards the east side of the parking lot so that he could see Robles' hands without obstruction. At this time, I heard Robles saying something similar to "I'm sorry ... It hurts..I'm done"(not an exact quote). After Officer Costello was on the east side of him, I walked to Officer Costello's location, continuing to hold Robles at gun point until additional officers arrived. We did not know if there were additional weapons or suspects involved in the original call. While Officer Costello and I were holding Robles at gun point, several people were walking around the front of the apartment complex trying to see what had happened. Officer Costello and I told them to stay back from the area several times; they complied. Additional Officers arrived and Officer Araiza handcuffed Robles without incident. After the scene was secure, the paramedics arrived and gave medical aid to Robles. He was transported by ambulance to Desert Regional Medical Center. The additional responding Officer's contained the crime scene and began interviewing witnesses. I returned to the Palm Springs Police Station, transported by Officer Dougherty. ADMINISTRATION SLOW -UP COPIES TO: ' YES ❑X NO PAT. X❑ DET DA COURT PROBATION VWAP OTHER BY OFFICER DATEMME APPROVED BY DATE APPROVED D. Benstead 15627 0513012007 11:56 Phil Parker 6169 05/30107 OFFICER UNIT/SHIFT ASSIGNED TO i CASE STATUS Supp- l-Benst/fficer Entered by: Donny Benstead APDC (Rev. 06/16/06) Print Date: 05/31/2007 Arrest ❑ Crime 0 Non -Criminal ❑ Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CA0331100 Supplemental Report FFENSE(S) I OFFENSE(S) coned. 245(D)(2) PC; Assault MSemiautomatic Rifle On Peace OfficerlFirefighter; F DATE, TIME AND DAY OF OCCURENCE 05129/07 19:34 Tuesday LOCATION OF OCCURENCE - Palm Springs CASE SUMMARY NARRATIVE ,LOG -UP YES rX NO ❑ BY OFFICER D. Benstead 15627 OFFICER DATE AND TIME REPORTED 05/29/07 19:34 LOCATION NAME ADMINISTRATION COPIES TO: ❑ PAT X❑ DET. ❑ DA ❑ COURT DATEMME APPROVED BY 0513012007 11:56 Phil Parker 6169 UNIT/SHIFT I ASSIGNED TO TYPE OF LOCATION Apartment/Condo ❑ PROBATION ❑ VWAP ❑ OTHER CASE # 0705P-6270 PAGE 4 of 4 8EAT SECTOR 214 DATE APPROVED 05/30/07 CASE STATUS Supp-I-Benst/fficer Entered by: Donny Benstead APDC (Rev. 06/16/06) Print Date: 05/31/2007 Arrest 0 Palm Springs PD CASE # Crime [� P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal CA0331100 PAGE Supplemental Report 1 of 4 OFFENSE(S) OFFENSE(S) oont'd DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29/07 19:35 Tuesday 05/29/07 19:35 LOCATION OF OCCURENCE I LOCATION NAME TYPE OF LOCATION f BEAT SECTOR l Apartment/Condo CASE SUMMARY NARRATIVE DETAILS: On 5/29/07 1 was in full uniform, driving a marked PSPD patrol unit, performing field supervisor duties. At about 1935 hrs., I heard a call for service go out over the radio regarding shots fired behind an apartment unit at Road. Officers Costello and Araiza were dispatched to handle the call. I radioed that I would be enroute to the call also, from the area of Indian Canyon Drive and La Plaza. As I was driving to the location, I heard Officer Costello arrive on scene. A minute or two later, he radioed that there were shots fired and to expedite backup units. He then requested medical aid to the scene for a suspect who had been shot. I arrived at the scene at about 1941 hrs. I saw Officer Costello's unit parked along the east curb of Monte Vista, just north of Mariscal Road. I parked my unit just south of his. I then ran to 366 Mariscal Rd., where I saw Officer Costello and his trainee, Officer Benstead standing with their guns drawn, giving commands to "stay down". Both officers were standing in the southeast parking lot of the apartment complex. They were facing in a northwesterly direction, pointing their guns at a male suspect who was down on the ground. The suspect was lying on his back, just in front of a white mini pickup truck that was parked facing south in the parking lot. The suspect's head was facing in a southeasterly direction and he was about 15-20 feet away from the officers. I saw a light colored gun on the asphalt, only a few inches away from the suspect's right hand. The gun appeared to be a gray semiautomatic pistol. Shortly after I arrived on scene, Officers Araiza, Dougherty and Villegas arrived, along with his trainee, Officer Cremeans. Officer Costello was giving repeated commands to the suspect, telling him not to move and to stay down. Dispatch confirmed that medical was enroute and I requested that they come right to the scene. Due to the very close proximity of the suspect to the gun, Officer Araiza decided to handcuff the suspect. As he was about to do so, a female came running up the scene, saying something about the suspect being her boyfriend. I ordered her to stay out of ADMINISTRATION FOLLOW-UP COPIES TO: YES �X NO PAT D DET [—] DA COURT D PROBATION ❑ VWAP OTHER BY OFFICER DATEMME APPROVED BY DATEAPPROVED P. Abshire 10961 05/30/2007 02:12 Steven Douglas 2050 05130107 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Active f Arrest Fil Palm Springs PD I CASE # Crime ❑ P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal F1 CA0331100 PAGE Supplemental Report 2 OF 4 OFFENSE(S) OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29107 19:35 Tuesday 05/29/07 19:35 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Apartment/Condo CASE SUMMARY NARRATIVE the scene, but she kept running towards us. At this point, Officer Araiza kicked the gun away from the suspect's hand. It slid across the asphalt in a northerly direction and rested between two other parked vehicles, north of the white pickup. Fearing that the female was going to endanger officers or damage evidence by entering the crime scene, Officer Araiza went to her and took her to the ground with an arm bar type takedown. After he placed her in handcuffs, he returned to the suspect who was still lying down on his back. Officer Araiza asked him to roll over, but the suspect said that he could not. Officer Araiza pulled the suspect away from the pickup truck, rolled him to his stomach, and handcuffed him. Once the suspect was turned over, I could see that he was bleeding from a wound somewhere on his side. While the suspect was being handcuffed, Officer Costello picked up the gun and carried is to a safer location, away from the suspect. He was holding the gun by the barrel. I asked Officer Costello if he had cleared the gun and he said that he had not. I then took the gun from Officer Costello in order to clear it. I handled it with my thumb and forefinger, touching only the sides of the rubber grips. I determined that gun appeared to be a small caliber semiautomatic pistol, the same one I saw laying near the suspect on initial arrival at the scene. I noticed that there was a magazine in the weapon. I pulled back on the slide and one round ejected from the weapon. I then pulled the magazine out of the weapon and again, I pulled the slide back. Another round ejected from the weapon. I then set the gun, two rounds and the magazine on the ground, at the southern edge of the parking lot. Without losing sight of the gun, I ordered Officer Benstead to stand by it and preserve it as evidence. After I cleared the weapon, I obtained a safety statement from Officer Costello. He told me that he believed he had fired two rounds. He thought that he hit the suspect in the hip. He stated that his rounds were fired in a northwesterly direction and he did not believe anyone else was hit by his rounds. He said there were no other suspects outstanding. He told me that the suspect did not fire his weapon. ADMINISTRATION FOLLOW-UP COPIES TO: YES �X NO ❑ ❑ PAT D DET D DA COURT ❑ PROBATION VWAP OTHER BY OFFICER DATE/TIME APPROVED BY DATE APPROVED P. Abshire 10961 05130/2007 02:12 UNIT/SHIFT Steven Douglas 2050 ASSIGNED TO 05130107 CASE STATUS OFFICER Active Arrest [I Palm Springs PD CASE # Crime P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal ❑ CA0331100 PAGE Supplemental Report 3 of a OFFENSE(S) OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29/07 19:35 Tuesday 05/29/07 19:35 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR ApartmentlCondo CASE SUMMARY NARRATIVE A short while later, Palm Springs Fire personnel, as well as AMR personnel arrived and began to treat the suspect. I directed Officers Judd and Beckert to contact the residents of the 366 Mariscal complex in order to locate witnesses or possible victims of the initial shooting call. I also checked the area down range of where the shooting occurred, but I did not locate anyone else who had been shot. Officers located two shell casings in the street, near the gutter, a few feet southeast of the rear of the white pickup. We also found what appeared to be a bullet hole in the back of a blue Chevrolet Suburban which was parked west of the shooting location. I directed Officer Campbell to start a crime scene log and to start securing the scene with crime scene tape. I sent Officer Costello back to the station and assigned Officer Villegas to tend to his needs. I noticed that Officer Benstead had an abrasion on his left elbow. I had Officer Araiza take photos of his injuries as well as other areas of the crime scene and the victim. I sent Officer Benstead back to the station with Officer Dougherty. Officer Cremeans remained with the suspect's gun until he was relieved by Officer Campbell. I requested CAPS detectives as well as the Officer Involved Shooting Team. When they arrived, briefed them about the incident and walked them through the crime scene. Officer Williams advised that he had located the apartment where the shots were possibly fired. The address was Road, = He conducted a safety sweep of the apartment and remained at the apartment while detectives applied for a search warrant. I directed Officers Bucklin and Guarino to check for any possible witnesses in the condominium complex across the street from Officer Beckert was assigned the initial crime report for the shooting incident. Officer Araiza prepared a separate report and handled the arrest of Aimie Garcia. All other officers who responded to the scene prepared supplemental reports documenting their actions. cleared the scene at approximately 2329 hrs. and left Sgt. Crager in charge until the crime ADMINISTRATION FOLLOW-UP YES QX NO ❑ COPIES TO: PAT DET ❑ DA COURT ❑ PROBATION VWAP OTHER BY OFFICER P. Abshire 10961 DATEMME 05/3012007 02:12 APPROVED BY Steven Douglas 2050 DATE APPROVED 05/30/07 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Active Sunn-l-Abshi/10961 Entered bv- Paul Abshire APDC (Rev. 06/16/06) Print Date: 05/30/2007 Arrest ❑ Palm Springs PD CASE # x crime ❑ P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal ❑ CA0331100 PAGE Supplemental Report a OF a OFFENSE(S) I OFFENSE(S) coned. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05129/07 19:35 Tuesday 05129/07 19:35 LOCATION OF OCCURENCE — LOCATION NAME TYPE OF LOCATION HFAT SECTOR ApartmentlCondo 1 CASE SUMMARY NARRATIVE scene investigation was complete ADMINISTRATION FOLLOW-UP COPIES TO: YES �X NOr_j ❑ PAT ❑ DET ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER BY OFFICER DATETIME APPROVED BY DATE APPROVED P. Abshire 10961 05/30/2007 02:12 UNIT/SHIFT Steven Douglas 2050 ASSIGNED TO 05/30/07 CASE STATUS OFFICER Active • • 11 Arrest Palm Springs PD CASE # Crime l x i P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal U I CA0331100 PAGE 11 Supplemental Report 1 OF 3 OFFENSE(S) DATE, TIME AND DAY OF OCCURENCE LOCATION OF OCCURENCE LOCATION NAME CASE SUMMARY OFFENSE(S) cont'd DATE AND TIME REPORTED TYPE OF LOCATION I BEAT SECTOR Apartment/Condo SUSPECT(S) / ARRESTEE(S) Codes: S = Suspect A = Arrestee D = Detainee SV - Suspect/Victim AV - Arrestee/Victim DV - Detainee/Victim CODE D NAME- LAST, FIRST, MIDDLE, SUFFIX 1 OF 1 Garcia, Aimie Leanne ADDRESS 1 PHONE 1 RACE SEX HT IWT �HAIR EYE J AGE DOB ADDRESS2 PHONE2 OCCUPATION INJURIES ADDRESS 3 PHONE 3 SCARS / MARKS / TATTOOS YES11 NO AKA'S ARRESTEE DISPOSITION RELEASE LOCATION ARREST DATE / TIME 1 DL STATE ARRESTED BOOKING # YES NO WARRANT YES NO CITATION # SS# CII# CHARGES NARRATIVE On 05/29/07, at approximately 1937 hours, I was dispatched to to assist Officer Costello with a call regarding the report of "Shots fired". The reporting party was calli unite and advised that he heard three shots coming from the rear, possibly unit Officer Costello arrived to the scene a little more than 30 seconds after he had been dispatched. Shortly after advising he was on scene Officer Costello advised that there were shots fired and he needed responding units to expedite, followed by a request for medical aid. I arrived to the scene, just after Officer Dougherty and Sgt Abshire. Sgt Abshire asked Officer Costello where he was from his patrol unit, which was parked on Mira Vista, ust north of Mariscal Road. Officer Costello responded by stating he was across from (Mariscal). Given the odd numbered address I began looking to the south side of the street as I looked for Officer Costello. As I continued west down Mariscal Road, I noticed a uniformed Officer out of the corner of my right eye, which is when I realized that it was Officer Costello, who was on the north side of the street. I stopped my unit and got out and began walking towards Officer Costello, who was accompanied by Officer Benstead. ADMINISTRATION FOLLOW-UP COPIES TO: YES NO n 0 PAT DET DA COURT PROBATION VWAP OTHER BY OFFICER DATE/TIME APPROVED BY DATE APPROVED G. Araiza 11090 05/30/2007 03:16 Steven Douglas 2050 05/30107 OFFICER UNIT/SHIFT ASSIGNED TO J CASE STATUS Arrest ❑ Crime Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CASE # 0705P-6270 Non -Criminal ❑ CA0331100 PAGE Supplemental Report 2 OF 3 OFFENSE(S) OFFENSE(S) oont'd DATE AND TIME REPORTED DATE, TIME AND DAY OF OCCURENCE LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Apartment/Condo 1 CASE SUMMARY NARRATIVE Both Officers were on the east side of the parking lot for the apartment complex of - Mariscal Road and had their guns drawn. As I approached the parking lot I could see a subject on lying on the ground on his back. The subject was in between two vehicles that were parked one behind the other. The subject was saying, "I can't feel my legs", as I got closer I noticed a silver semi -automatic pistol on the ground near his right hand. I approached the suspect, who was later identified as Robert Robles, and kicked the gun away from him his reach. I was preparing to handcuff Robles just as a distraught female that was running towards us from the west side of the parking lot began yelling, "That's my husband, why did you shoot him?" I yelled at the female to stay back, the female stopped yelling but continued walking towards the suspect and I. The female was about to walk in between the two vehicle where the suspect was laying. The female failed to follow my lawful orders and delayed me in the performance of my duties. I positioned myself in between the suspect and the female and grabbed her by the left arm and took her down to the ground, after which she was handcuffed. Officer Dougherty and Sgt Abshire had arrived to the scene and maintained cover on Robert. I walked back around the rear side of the parked vehicles and approached Robert from the east side. Robert stated that he was unable to move or roll over, I grabbed Robles by the left hand and drug him out from in between the two vehicles, rolled him over and handcuffed him, after which he was searched. Officer Judd and his trainee Officer Campbell arrived to the scene, at which time I requested they place the female arrestee, identified as Aimie Robles, in the rear seat of their unit. Sgt Abshire spoke with Officer Costello and confirmed that he had fired two rounds from his service weapon. When the medics arrived to the scene and began treating Robert I began taking digital photo's of Robert as well as the scene. As Robert was being treated they were able to account for a wound along the right side of his back. I checked the area and was eventually able to locate a bullet hole in a vehicle that was parked just west of where Robert had fallen. The vehicle was a blue Chevy sport utility vehicle, bearing C ADMINISTRATION FOLLOW-UP COPIES TO: YES ❑ NO ❑ PAT ❑ DET ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER BY OFFICER DATEITIME APPROVED BY DATE APPROVED G. Arai 11090 05/30/2007 03:16 Steven Douglas 2050 05/30/07 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Arrest ❑ Palm Springs PD CASE # Crime F-X] P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal ❑ CA0331100 PAGE Supplemental Report 3 OF 3 OFFENSE(S) OFFENSE(S) conl'd. DATE, TIME AND DAY OF OCCURENCE LOCATION OF OCCURENCE LOCATION NAME CASE SUMMARY DATE AND TIME REPORTED rYPE OF LOCATION ApartmentlCondo BEAT (SECTOR NARRATIVE After the scene was stabilized I walked over to Officer Judd's unit and began to tell Aimie why she had been detained. While explaining the circumstances to Aimie she stated, "I know because I didn't listen to you". Aimie then asked me, "Why did you shoot my husband". I explained to Aimie that I had arrived to the scene just after Robert had been shot and we were still investigating what had happened. I told Aimie that a witness saw Robert drop a gun. Aimie spontaneously stated, "That gun he has is mine". I read Aimie her Miranda Rights (2005 hours) and explained to her that she had been detained for obstructing an officer. Aimie stated that she understood her right's after which I asked her the caliber of the gun and she stated it was a .22 caliber. I asked Aimie what she was doing prior to the incident and she stated she was out jogging. Aimie claimed that she had just left the house, ran to the end of the street (Via Norte) made a right and ran to the next street (Via Escuela) and made another right. Aimie stated that she saw police cars with lights and sirens turn headed towards the area of her apartment. I asked Aimie if at any point she heard any gun shots and she stated she did not. I told Aimie that there were reports of gunshots from her apartment and she stated that she fired the gun twice out of her window. I asked, "You shot it twice out of your window? Why?" Aimie stated, "Just for fun, you know like popping fireworks on the fourth of July". I asked Aimie, "Haven't you heard the public service announcements on the Fourth of July and New Years on how dangerous that is?" Aimie stated, "No, but I saw it on that movie Once Upon a Time in Mexico, I figured that was just the movies". I asked Aimie if the shotgun was fired inside the residence, Aimie stated "Not today". I asked Aimie if she had fired the shotgun in the residence in the past and she stated she had not. I asked Aimie if she had ever fired the shotgun out her window like she did with the pistol and she stated she has in the past. Based on my observations and the information that Aimie provided, she was charged with PC 148(a)(1) - Obstructing an Officer and PC 246.3 Negligent discharge of a firearm. The photographs taken were placed into evidence. ADMINISTRATION FOLLOW-UP COPIES TO' YES ❑ NO ❑ PAT ❑ DET. ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER BY OFFICER DATE/TIME I APPROVED BY G. Araiza 11090 05/30/2007 03:16 Steven Douglas 2050 DATEAPPROVED 05/30/07 OFFICER I UNIT/SHIFT I ASSIGNED TO I CASE STATUS • 0 • Arrest ❑ Palm Springs PD CASE # Crime ] P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal �] CA0331100 PAGE Supplemental Report 1 OF 2 OFFENSE(S) I OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENCE 05/29/07 19:35 Tuesday LOCATION OF OCCURENCE CASE SUMMARY Interview with witnesses. NARRATIVE SOURCE: LOCATION NAME DATE AND TIME REPORTED 05/29/07 19:35 TYPE OF LOCATION ApartmentlCondo BEAT SECTOR While working uniformed patrol with Officer Stefanie Campbell, we responded to. Mariscal to assist with an officer involved shots fired call. WITNESSES STATEMENTS: said he was standing out front of his apartment complex (Mariscal Bungalows) with his friends, after shots were fired inside his apartment complex. - said he saw Bobby running in front of the complex towards his white Toyota truck. _ said he heard two police officers yelling at Bobby and he then saw Bobby drop a gun. -said that Bobby was "Just Stupid" when he turned and he picked up the gun. Bobby picked up the gun, even when the officers yelled at him not to touch the gun. _said that he heard maybe three gun shots and saw Bobby fall. _said that he did not see which officer fired his gun because both officers were behind a Blue Suburban which blocked his view. was visibly shaken and kept repeating how stupid Bobby was, picking up the gun after he dropped it. aid that he was walking his dog,=on the south side of Mariscal Road across the street from I/lariscal.�aid that he saw two officers walking up in front of 366 Mariscal with their guns drawn. said he saw another subject running back and forth in the parking lot in front of the complex. � said the subject had no where to go. -said he heard one officer yell, "Hey Guy" "Hey Guy" and then "Drop your weapon" ADMINISTRATION FOLLOW-UP COPIES TO: YES NO 0 PAT DET 0 DA COURT PROBATION VWAP OTHER BY OFFICER DATEITIME APPROVED BY DATE APPROVED B. Judd 4345 05/30/2007 03:45 Steven Douglas 2050 051.30/07 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Active Arrest ❑ Palm Springs PD Crime �x P.O. Box 1830, Palm Springs, California 92263 Non -Criminal ❑ CA0331100 Supplemental Report OFFENSE(S) I OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENGE 05/29/07 19:35 Tuesday LOCATION OF OCCURENGE CASE SUMMARY Interview with witnesses. NARRATIVE LOCATION NAME DATE AND TIME REPORTED 05129/07 19:35 TYPE OF LOCATION ApartmentlCondo CASE # 0705P-6270 PAGE 2 OF 2 T ISECTOR and "Drop your weapon." � said he then heard two gunshots and saw the subject fall. -said he could not tell if the subject had a gun or other weapon in his hand from where he was standing. -said he observed this from the grass and pointed to a grass lawn to the west of the driveway at =Mariscal. aid he and his dog had just walked up and had not heard or seen anything prior to his arrival.�aid that after the shooting, he saw a white male with redish sandy hair, wearing a red polo shirt drive away in a silver two door car. -said he did not know if that person was involved. OFFICER'S STATEMENT: After obtaining a statement fro Offi cers Dougherty, Williams and I checked apartmentMof any possible shooctims. We cleared the residence and saw no persons injured or hiding. Officer Williams stayed at the residence to await the detectives and a service of a search warrant. I then obtained a statement from�nd assisted Officer Desmarais with measurements for a factual diagram of the shooting scene. Officer Stefanie Campbell maintained the crime scene log of the persons entering the crime scene. ADMINISTRATION FOLLOW-UP COPIES TO: YES NO ❑ PAT DET ❑ DA COURT BY OFFICER DATEMME APPROVED BY B. Judd 4345 0513012007 03:45 Steven Douglas 2050 OFFICER UNIT/SHIFT ASSIGNED TO PROBATION D VWAP OTHER DATE APPROVED 05/30/07 CASE STATUS Active • 0 Arrest ❑ Crime ❑x Non -Criminal ❑ OFFENSE(S) DATE, TIME AND DAY OF OCCURENCE LOCATION OF OCCURENCE CASE SUMMARY Palm Springas PD P.O. Box 1830, Palm Springs, California 92263 CA0331100 Supplemental Report OFFENSE(S) cont'd LOCATION NAME I DATE AND TIME REPORTED NARRATIVE WITNESS STATEMENTS OIS AT MMARISCAL ROAD. CASE # 0705P-6270 PAGE 1 OF 3 TYPE OF LOCATION BEAT SECTOR Apartment/Condo On 05/29/07 at about 2106 hours, I was instructed by Sgt. Abshire to assist in conducting a door to door witness interview in the Mlock of Mariscal Road. Officer Bucklin and I began contacting witnesses south of Mariscal, which is the neighborhood area of the OIS. I contacted who lives at Illariscal Road. She said at about "7:30PM", she was outside of her residence on the patio with her Herd walked north down the sidewalk to the trash dumpster, and she remained outside on her patio. A couple of minutes later, she heard "three shots" north of her location towards Mariscal Road. She thought the shots were "fireworks". She thought maybe the shots were from kids playing outside on the street. A couple minutes later, her walked back to her residence, and he told her he heard the shots also. About ten minutes later, (2040), walked back out north towards Mariscal Road to check the mail. At this time, she heard "two more shots". These two shots were "louder", and a short time later she heard sirens coming which ended up being an ambulance. The second set of shots that were heard were in quick succession, right after each other. She did not hear any screaming or yelling and did not witness this shooting occur. I contacted who was visiting Mariscal Road. At about 1930 or slightly before, he walked from residence and walked to the trash dumpsters located north of = Mariscal, and south/east of 366 Mariscal Road. As he was emptying the trash, he heard "2-3 shots", which at first he thought was kids playing with fire works. After he heard those loud "bangs", he walked back to esidence at Mariscal Road. About "l0 minutes later", he walked away from unit, and walked north again via the sidewalk back to the front of the complex to check the mail. At that time, he heard "two more shots". Those two shots were "louder" than the first 2-3 shots he had heard previously. He did not see any thing unusual, nor did he hear anything ADMINISTRATION FOLLOW-UP COPIES TO' YES NO ❑ PAT ❑ DET ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER BY OFFICER DATE/TIME BY DATE APPROVED F. Guarino 11032 05/30/2007 05:16 'APPROVED Steven Douglas 2050 05/30107 OFFICER h UNIT/SHIFT I ASSIGNED TO CASE STATUS Arrest Crime Non -Criminal Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CA0331100 CASE # 0705P-6270 PAGE Supplemental Report 2 OF 3 OFFENSE(S) OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Apartment/Condo CASE SUMMARY NARRATIVE besides what he thought was fire works. I spoke with Mariscal. His residence is just south/west of where the shooting occurred. was asleep inside of his residence, and was woken up by "2 shots" "bang, bang". A couple of minutes later, he heard a female screaming from outside on Mariscal Road. He did not witness the shooting, and could not provide any further information regarding this incident. I spoke with who was visiting his female friend who lives at=Mariscal Road. At about 1915 to 1930, he was outside of unit smoking a ci arette. He was standing at the base of the staircase, which is just outside of unit_ g as looking in north direction towards MMariscal Road. He observed "Dave Costello", and another Officer arrive on Mariscal Road. He knew it was Dave Costello, because -knows Costello personally from working in the down town area of Palm Springs. -said he saw a subject standing in the area of a white truck, which he pointed and showed me. The white truck was north/east of the location where he was standing. This area was the area where the shooting occurred at 366 Mariscal Road. He saw Costello and the other Officer approach the subject by the white truck. - pointed to the east of my location which indicated he saw Officer Costello and Officer Benstead walking west bound on Mariscal Road as they approached the suspect by the white truck. -heard, "put the weapon down". I asked which Officer's he heard giving the commands, and he said "both". hen heard "two shots", "bop, bop". _said the shots were real "loud". -then saw additional Officers arrive to assist after the shooting occurred. _told me that he heard the commands to put the weapon down from where he was standing, and that"I am sure he could of heard them". was referring to the suspect. Officer Desmarias measured the distance from the scene of the shooting to wherm ADMINISTRATION FOLLOW-UP COPIES TO: YES NO PAT DIET 0 DA COURT PROBATION VWAP OTHER BY OFFICER DATEITIME APPROVED BY DATE APPROVED F. Guarino 11032 05/30/2007 05:16 Steven Douglas 2050 05130/07 OFFICER UNITISHIFT ASSIGNED TO CASE STATUS Arrest ❑ Palm Springs PD CASE # Crime ❑x P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal ❑ CA0331100 PAGE Supplemental Report 3 OF 3 OFFENSE(S) I OFFENSE(S) cont'd. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Apartment/Condo CASE SUMMARY NARRATIVE was standing at the base of the stair case, and it was appprox. 71 feet. This measurment was done by a laser gun. ADDITIONAL INFO: Officer Bucklin and I used a digital recorder to conduct these interviews. My interivew with was recorded, and I handed that recording over to Sgt. Abshire. Sgt, Abshire advised me that he gave the digital recorder to Lt. Franz, which contained these recorded interviews. Lt. Franz advised he would have these interviews transfered and or dictated. [MIN ►_ TRATIMI FOLLOW-UP COPIES TO: YES NO ❑ ❑ PAT ❑ DET ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER BY OFFICER DATEMME APPROVED BY DATE APPROVED F. Guarino 11032 05130/2007 05:16 Steven Douglas 2050 05130/07 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS LJ � I Ll Palm Springs PD CASE # Arrest Crime ❑x P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non-CnminaI ❑ CA0331100 PAGE Supplemental Report 1 OF OFFENSE(S) I OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENCE LOCATION OF OCCURENCE CASE SUMMARY NARRATIVE LOCATION NAME DATE AND TIME REPORTED SUPPLEMENTAL REPORT 245(d)(2) PC- Assault on a Peace Officer w/a Semi - Automatic Firearm TYPE OF LOCATION BEAT SECTOR Apartment/Condo On Tuesday, 05/29/07 at about 1939 hours, Officer Villegas and I responded to Mariscal Road to assist with a call of an "officer involved shooting." We arrived on scene and numerous officers were already at the location. Upon our arrival, I was directed by Officer Villegas to establish a "critical incident log" and to interview potential witnesses. I began a "critical incident log" and I subsequently gave control of the log to Officer Campbell when I was directed by Sgt. Abshire (scene commander) to safeguard the suspect's firearm on the pavement at the scene. The firearm was a stainless steel .22 caliber semi -automatic pistol with black plastic grips. Officer Campbell later safeguarded the firearm, as I was instructed by Det. Browning to transport Amy Robles to PSPD Jail for interview by detectives. Lt. Booth further advised me to remove Robles from the scene and transport her to PSPD Jail. I transported Robles to PSPD Jail without incident. Prior to transporting Robles to jail, Officer Araiza had already detained Robles in handcuffs. ADMINISTRATION FOLLOW-UP COPIES TO: YES NO PAT DET ❑ DA COURT PROBATION VWAP OTHER BY OFFICER DATE/TIME APPROVED BY DATE APPROVED J. Cremeans 15620 05/3112007 00:29 Steven Douglas 2050 05130/07 OFFICER UNIT/SHIFT ASSIGNEDTO CASE STATUS Active Arrest ❑ Crime Non -Criminal ❑ Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CA0331100 CASE # 0705P-6270 PAGE Supplemental Report 1 of 1 OFFENSE(S) OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05129/07 19:34 Tuesday 05129/07 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Apartment/Condo CASE SUMMARY NARRATIVE SUPPLEMENTAL REPORT 245(d)(2) PC- Assault on a Peace Officer w/a Semi -Automatic Firearm On Tuesday 5/29/07 at about 1939 hours, Officer Cremeans and I responded to Mariscal Road to assist with a call of an 'officer involved shooting." We arrived on scene and numerous officers were already at the location. Sergeant Abshire was the supervisor on scene and asked me to stand by with Officer Costello, who was the officer involved in the shooting. I remained with Officer Costello and subsequently transported him to the PSPD station. Upon arrival at the station, Lieutenant Booth asked me to take Officer Costello into a room and remain with him until Officer Castillo (POA President) arrived. During the time I was with Officer Costello, we did not discuss the shooting, his firearm remained in his holster, and his magazines remained in the pouches of his duty belt. FOLLOW-UP YES NO BY OFFICER M. Villegas 15149 OFFICER ADMINISTRATION COPIES TO: ❑ PAT ❑ DIET ❑ DA ❑ COURT DATEMME APPROVED BY 05/30/2007 00:49 Steven Douglas 2050 UNIT/SHIFT ASSIGNED TO ❑ PROBATION ❑ VWAP ❑ OTHER JDATEAPPROVED 05130/07 CASE STATUS SunD-1-Ville/15149 Entered bv: Mike Villeeas APDC (Rev. 06/16/06) Print Date: 05/30/2007 L' 0 Arrest ❑ Palm Springs PD CASE # Crime ❑x P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal ❑ CA0331100 PAGE Supplemental Report OF OFFENSE(S) I OFFENSE(S) cont'd. DATE, TIME AND DAY OF OCCURENCE 05/29/07 19:35 Tuesday LOCATION OF OCCURENCE I LOCATION NAME CASE SUMMARY NARRATIVE SUPPLEMENTAL REPORT 0705P 6270 OFFICER WILLIAMS DATE AND TIME REPORTED 05/29/07 19:35 TYPE OF LOCATION Apartment/Condo BEAT !SECTOR On 05/30/07 at approximately 1934 hrs I responded to M Mariscal in regards to a shots fired call. I was in full uniform and driving marked unit #M Upon arrival I assisted Officers Dougherty and Judd in clearing apartment =We entered the apartment from the open slider located on the West side. After the apartment was cleared I secured the apartment at the request of Sgt. Abshire. I remained in the apartment until I was relieved by Det. Browning at 0200 hrs on 05/30/07. 1 was the only person present in the apartment and no one entered or exited the apartment while I was there. ADMINISTRATION FOLLOW-UP COPIES TO: YES ❑ NO ❑ PAT ❑ DET ❑ DA ❑ COURT BY OFFICER DATEMME APPROVED BY S. Williams 10729 05/30/2007 02:25 Steven Douglas 2050 OFFICER UNIT/SHIFT ASSIGNED TO ❑ PROBATION ❑ VWAP ❑ OTHER DATE APPROVED 05/30/07 CASE STATUS Active APDC (Rev. 06/16/06) Print Date: 05/30/2007 Supp-l-Willi/10729 Entered by: Steven Williams 11 • C] � SE # Arrest �� Palm Springs PD 0CASE silo Crime [Xi-P.O. Box 1830, Palm Springs, California 92263 Non -Criminal CA0331100 PAGE Supplemental Report 1 OF 5 OFFENSE(S) OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05129/07 19:34 Tuesday 05/29/07 19:34 SECTOR LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT Apartment/Condo CASE SUMMARY NARRATIVE On 5/29/07 at approx. 1940 hours, I was contacted and requested to respond to the Mariscal Bungalow apartment complex located atIIIIIIIIIIIIIIIIIIMariscal Rd. reference an Officer involved shooting. Upon my arrival to the location, I was briefed at the scene by Sgt. Abshire who responded to a call of "shots fired". Sgt. Abshire apprised various administrative and investigative personnel regarding the circumstances surrounding the shooting which involved Officer Dave Costello. Sgt. Abshire advised that dispatch received a "911" call at approx. 1935 hours from an unspecified reporting party inside the complex who alleged he heard approx. three gun shots from a unit towards the rear of the complex. Further, Abshire stated that the caller identified unit Eas the location possibly associated with the gun shots. In response, various Officers were dispatched to the location including Officer Dave Costello and his partner, trainee Officer D. Benstead. Sgt. Abshire stated Officers Costello and Benstead arrived to the location shortly thereafter. Upon their arrival, Abshire stated Costello aired "shots fired" then proceeded to request medical aid. Abshire arrived within minutes to the scene and observed a subject, later identified as Robles. positioned on his back with a gunshot wound to his lower right torso. Abshire stated the subject was lying on the asphalt of the parking lot just south of the complex. He said a handgun was located within the immediate vicinity of where Robles was lying. He said Robles was subsequently detained in handcuffs as sufficient staffing arrived. Medical personnel responded to the location and transported Robles to Desert Regional Medical Center for additional treatment. Sgt. Abshire stated he was present when Officer Araiza handcuffed Robles. In the process, Abshire said he observed Araiza kick away the gun alleged to be in the possession of Robles when the shooting occurred. Abshire stated Officer Costello subsequently retrieved this weapon, a grey over black 22 cal. Smith and Wesson handgun, from this location and presented it to him. Abshire stated he retrieved the weapon then proceeded to clear the chamber for Officer safety purposes. He said there was a live 22 cal round inside the chamber at this time. Abshire stated he cleared this round and one additional round from the weapon before removing the clip. Abshire then proceeded to place the weapon on the street YES NO ❑ BY OFFICER A. Galvan 11060 ADMINISTRATION COPIES TO: PAT DET DATE/TIME 05/31/2007 10:11 ❑ DA COURT PROBATION E:IVVVAP APPROVED BY Bryan Reyes 10660 ❑ OTHER DATE APPROVED 05131107 CASE STATUS OFFICER UNIT/SHIFT I ASSIGNED TO Palm Springs PD CASE # Arrest L .1 P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Crime CA0331100 PAGE Non -Criminal 2 5 Supplemental Report OF OFFENSE(S) OFFENSE(S) coned DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29/07 19:34 Tuesday 05/29107 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR ApartmentlCondo CASE SUMMARY NARRATIVE just south of the parking lot where the shooting occurred. Sgt. Abshire stated he obtained a safety statement from Officer Costello who acknowledged firing his service weapon two times from the street in a N direction towards Robles who possessed a handgun while positioned in the parking lot of the noted complex. Abshire informed me he located two expended shells from a 9mm positioned on the street just S of the noted parking lot which he believed were fired from Costello's service weapon. Sgt. Abshire also identified an indention to the tailgate of a vehicle which was parked in the noted parking which he believed occurred as a result of a round striking the vehicle. This vehicle was parked in the immediate vicinity of where Officer Costello fired his service weapon and where Robles was struck. Sgt. Abshire advised that a safety sweep was also conducted on unimto search for any potential victims and/or suspects after it was verified that Robles resided inside this location at this time. He stated there were no victims and/or additional suspects at this location. Further, Sgt. Abshire directed Officer Steve Williams to secure the location as another potential crime scene until the detectives obtained a search warrant to search the residence. Upon my arrival, the crime scene where the shooting occurred was taped off preventing unauthorized entry. Officer Campbell maintained a register of the crime scene log and monitored who had access to the crime scene. Crime tape was also placed around the perimeter of unitwreventing unauthorized entry. CRIME SCENE: The Mariscal Bungalows is a multi unit apt. complex located at = . Mariscal Rd. Mariscal road consists of asphalt an is a East/ West street which is positioned between Mira Vista and Chino Canyon. The apt complex is located on the S side of the street. There is two segments of parking lots for this complex. Both segments consists of asphalt and contains six parking spaces each. Theses segments are separated by a OLI.DW-DP YES ❑ NO ❑ BY OFFICER A. Galvan 11060 ADMINISTRATION COPIES TO: PAT. DET DATEITIME 05131/2007 10:11 UNITISHIFT DA COURT PROBATION VWAP OTHER a PPROVED BY Bryan Reyes 10660 DATE APPROVED 05131/07 CASE STATUS OFFICER ASSIGNED TO Arrest ❑ Palm Springs PD Crime Q P.O. Box 1830, Palm Springs, California 92263 Non -Criminal CA0331100 Supplemental Report OFFENSE(S) I OFFENSE(S) conl'd DATE, TIME AND DAY OF OCCURENCE 05129107 19:34 Tuesday LOCATION OF OCCURENCE CASE SUMMARY LOCATION NAME DATE AND TIME REPORTED 05129/07 19:34 CASE # 0705P-6270 PAGE 3 OF 5 TYPE OF LOCATION SEAT SECTOR ApartmentlCondo T NARRATIVE concrete walking providing entry into the central area of the complex. The crime scene associated with the shooting occurred within the segment of parking spaces located on the S/E side of the complex.The parking spaces on both segments of parking lots are not physically numbered nor did they appear to be visibly assigned to tenants at the location. Therefore, for documentation purposes, the parking space to the W side of the parking lot located on the E will be designated as space one leading up to space 6 which would be on the far E side. Crime scene technician Johnson and I were directed to process the noted crime scenes and acquire evidence. Officer Desmarias, with the assistance of Officer Bill Judd, obtained a factual diagram of the location where the shooting occurred via laser mapping. CST Johnson took digital photographs of both crime scenes and Costello's patrol vehicle. The patrol vehicle driven by Officer Costello and Officer Benstead was parked on Mira Vista just S of Mariscal Rd. It appears both Officers were strategic and safety conscious with the placement of their patrol vehicle and approach to the listed location. While processing the crime scene associated with the shooting, I observed the handgun which Robles alleged to have in his possession when shot by Officer Costello. This weapon, a 22 cal. semi automatic handgun, along with a partially loaded clip containing multiple live 22 cal rounds, and two additional live 22 caliber rounds, were positioned on Mariscal Rd just S of the parking lot. I directed Johnson to retrieve this weapon and other noted items after verifying the weapon was clear of any live rounds. These items were located in front of parking space #4. A severed shirt and pair of pants, in addition to the some socks and a pair of construction boots, which belonged to Robles, was located in between and to the E of two vehicles which were parked behind each other in parking space number three(Cal plate of as positioned in front of Cal plate of NNINW. The articles of clothing were soiled with blood. All of these items were retrieved by CST Johnson. A pool of blood was located on the asphalt in the vicinity of where the clothing was located indicative of this being the location where Robles was shot and/or fell to the ground as a result of being shot )0,OLJ-VP YES ❑ NO ❑ BY OFFICER A. Galvan 11060 ADMINISTRATION COPIES TO: ❑ PAT ❑ DIET ❑ DA ❑ COURT ElPROBATION ❑ VWAP ❑OTHER DATE/TIME APPROVED BY 0513112007 10:11 Bryan Reyes 10660 DATEAPPROVED 05/31107 CASE STATUS OFFICER UNIT/SHIFT ASSIGNED TO Senn-1-Galva/11060 Entered bv: Arnold Galvan APDC (Rev. 06/16/06) Print Date:05/31/2007 Palm Springs PD CASE # Arrest ❑ Crime P.O. Box 1830, Palm Springs, California 92263 0705P-6270 CA0331100 PAGE Non -Criminal 4 of 5 Supplemental Report OFFENSE(S) OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29/07 19:34 05/29/07 19:34 Tuesday LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION Apartment/Condo BEAT SECTOR CASE SUMMARY NARRATIVE by Officer Costello. Two expended 9mm luger shells were located in the street behind the vehicle (Cal plate of positioned in the number three space. This type of ammunition is utilized by Officer Costello while on duty. These items were collected by Johnson. I observed an indention which consisted of a approx. one inch hole to the metal tailgate of a vehicle(Cal plate of parked in space number two which appeared to be caused as a result of being struck by a live round. Trajectory rods were placed in this hole to acquire the approximate trajectory and location where the round was fired from. Based on the rod placement, it appears the round was fired possibly from the border of the street/parking space two location. This distance between these locations was approx. ten feet. The expended shells were located several feet E of this location. Several remnants of the bullet fragmentation were located inside the tailgate and removed by Johnson. Detective Browning acquired a search warrant for unit #twat the noted location. Additionally, upon being informed that the vehicles parked behind each other in the third parking space belonged to and/or were driven by Robles and his live-in girlfriend, Aimee Garcia, he requested and was granted authority to search these vehicles. Detective Browning and I proceeded to serve the warrant on apt #,which consisted of two bedrooms and one and a half bathrooms. Prior to making entry, we were informed by another tenant at the location, that the bedroom on the S/E corner was inhabited by Robles and During the search of this bedroom, A pump action 20 gauge Winchester shotgun was located underneath a mattress. The weapon contained an expended shell in the chamber indicative that it was discharged. Two similar expended shotgun guns were located in the bedroom. Additionally, several live 22 cal. rounds were located in the room which were similar to the live rounds located in the weapon Robles was alleged to have in his possession when he was shot by Officer Costello. While assisting in the search this room, I was unable to locate an impact associated with the discharge of any weapon, however the only window in the room was open. Further, it is �LO'N•Ur^ YES ❑ NO ❑ A DMJNIS TRA DON COPIES TO: ❑ PAT ❑ DIET ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER BY OFFICER A. Galvan 11060 OFFICER DATEITIME APPROVED BY 0513112007 10:11 Bryan Reyes 10660 UNIT/SHIFT ASSIGNED TO DATE APPROVED 05/31/07 CASE STATUS APDC (Rev.06/16/06) Print Date:05/31/2007 Palm Springs PD CASE # 7Arr,,t ❑ 0705P-6270 P.O. Box 1830, Palm Springs, California 92263 Non -Criminal ❑ CA0331100 PAGE Supplemental Report 5 of 5 OFFENSE(S) OFFENSE(S) conVd. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05129/07 19:34 Tuesday 05/29/07 19:34 LOCATION OF OCCURENCE LOCATION NAME j TYPE OF LOCATION eEAT SECTOR I` ApartmentlCondo CASE SUMMARY NARRATIVE possible a weapon may have been discharged through this open window causing the expended shotgun shell to remain inside the room. An area check of the perimeter surrounding apAwas performed however no evidence pertaining to a discharge of a weapon was located. A bottle of liquor along with a chair was positioned below the open window of Robles' room. Entry was made into both of the previously noted vehicles however no evidence was Iocated.CST Johnson was responsible for taking digital photographs of these locations and packaging all property for evidence. After documenting and recovering all the evidence, I cleared the scene. CST Johnson transported the evidence to PSPD for processing and/or storage. , LCJWLJP YES NO BY OFFICER A. Galvan 11060 OFFICER COPIES TO: ❑ PAT. ❑ DET. 05/3112007 10:11 UNITISHIFT ❑ DA ❑ COURT APPROVED BY Bryan Reyes 10660 ASSIGNED TO ❑ PROBATION ❑ VWAP ❑ OTHER DATE APPROVED 05131107 CASE STATUS • E • Arrest 0 Palm Springs PD Crime ❑x P.O. Box 1830, Palm Springs, California 92263 Non -Criminal CA0331100 Supplemental Report OFFENSE(S) I OFFENSE(S) coned. DATE, TIME AND DAY OF OCCURENCE 05129107 19:34 Tuesday LOCATION OF OCCURENCE CASE SUMMARY NARRATIVE 5/29/07 at 1942hrs: LOCATION NAME DATE AND TIME REPORTED 05129107 19:34 CASE # 0705P-6270 PAGE 1 of 4 TYPE OF LOCATION BEAT I SECTOR Apartment/Condo 1 Sgt. Reyes called me and stated- that an Officer was involved in a shooting and asked that I respond to �ariscal Rd. #Ito assist with the investigation. Upon my arrival Sgt. Abshire briefed me on the following: Officer Dave Costello was dispatched to=Mariscal Rd. for a report of approximately three shots fired from the rear of unit a Upon Officer Costello's arrival he contacted Roberto Robles in the south parking lot of the complex between two vehicles. He stated that Officer Costello shot at Robles at least twice with at least one bullet striking Robles after Robles pointed a handgun at him. Officers Araiza and Sgt. Abshire arrived on scene and subsequently took Robles into custody. Located within one foot of Robles was a semi -automatic handgun which was loaded with ammunition. Sgt. Abshire stated that Officer Williams was in bungalow #where he remained after conducting a safety sweep of the residence for any potential victims and or suspects. I spoke with Officer Williams who was still in bungalow PE Officer Williams told me he arrive on scene shortly after Robles was taken into custody and was instructed by Officer Beckert to conduct a safety sweep of Robles' residence, which is bungalow a Officer Williams stated that he, Officer Dougherty, and Officer B. Judd were escorted to #Eby the owner of the bungalow, and conducted a safety sweep of #■ Officer Williams told me that he heard loud music coming from a locked bedroom (Robles' bedroom) and forced entry to insure no one was injured inside. After conducting their protective sweep Officer Williams stood inside the residence awaiting my arrival. In looking into Robles' bedroom I could see at least five yellow shotgun shells in plain view, with at least two laying on top of the bed which appeared to have been fired. I also saw three small caliber ammunition rounds on an end table located near the entrance of the room. The ammunition was similar to size and color of those found inside of the handgun in ADMINISTRATION �� O•p;. i+i• COPIES TO: YES ❑ NO I] PAT. DATEMME DIET ❑ DA COURT APPROVED BY PROBATION ❑ VWAP D OTHER DATE APPROVED BY OFFICER F. Browning 11051 l 05131/2007 UNIT/SHIFT 09:51 Bryan Reyes 10660 ASSIGNED TO 05131/07 CASE STATUS Closed OFFICER FntPrPrl hv• Frank Arnwnino APDC (Rev. 06/16/06) Print Date: 05/31/2007 Arrest ❑ Palm Springs PD Crime P.O. Box 1830, Palm Springs, California 92263 Non -criminal ❑ CA0331100 Supplemental Report OFFENSE(S) I OFFENSE(S) coned. DATE, TIME AND DAY OF OCCURENCE 05129107 19:34 Tuesday LOCATION OF OCCURENCE LOCATION NAME CASE SUMMARY NARRATIVE DATE AND TIME REPORTED 05/29/07 19:34 which Robles was reported to be in possession of. CASE # 0705P-6270 PAGE 2 OF 4 TYPE OF LOCATION BEAT j SECTOR — ApartmentlCondo 1{ I then spoke with -in the south parking lot of the complex. - told me that she was inside the kitchen of her residence (which is a two bedroom residence with 1 bathrooms, a living room, kitchen and dining area) when she heard what sounded like imie Garcia) and Robles wrestling in their bedroom. told me that Garcia and Robles have a live-in dating relationship with one another. stated she heard Garcia screaming, but she could not make out what she was screaming and thought that Garcia and Robles were playing with each other. MEN then heard what sounded like two loud "bangs" or "thuds" coming from Robles' room. refused to state that she heard "gun shots" and insisted that they were loud bangs did not hear Garcia screaming after the loud bang noise. I aske� if she or Robles had any firearms in her residence and she stated yes. -told me that she has a "toy gun" and that she knows Robles to have a handgun and a short rifle style gun. _told me that the white pick-up truck (CAS parked in the south parking lot belonged to Robles' fathe however, both Robles and Garcia drive it; and that the maroon Toyota Supra (C belonged to Aimie Garcia, however Robles also drives it. With the above information I obtained a search warrant for=Mariscal Rd. tEthe white Toyota Pick-up truck bearing California license plat and the maroon Toyota Supra bearing California license plate The search warrant was authorized by the Honorable Judge Harold Hopp on 3/30/07 at 0046 hours and was served that same morning at 0140 hours. In the search warrant I requested permission to search for all types of firearms, firearm ammunition, articles associated with firearms to include but not limited to gun holsters, gun magazine clips, etc, and any documents related to the purchase and or possession of firearms. Upon serving the search warrant I showe�the original search warrant and informed her that I will be giving her a copy of it once we completed the search to which she stated she understood. YES F1 NO BY OFFICER F. Browning 11051 OFFICER A DMlN1S TPA TION COPIES TO: ❑ PAT ❑ DET ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER DATE(rIME APPROVED BY DATE APPROVED 05/31/2007 09:51 Bryan Reyes 10660 05131/07 UNIVSHIFT ASSIGNED TO CASE STATUS Closed Palm Springs PD CASE # Arrest ❑ 0705P-6270 Crime ❑x P.O. Box 1830, Palm Springs, California 92263 Non Criminal ❑ CA0331100 PAGE Supplemental Report 3 OF 4 OFFENSE(S) I OFFENSE(S) cont'd ii DATE, TIME AND DAY OF OCCURENCE 05/29/07 19:34 Tuesday LOCATION OF OCCURENCE CASE SUMMARY I NARRATIVE =LOCATIONME DATE AND TIME REPORTED 05129107 19:34 TYPE OF LOCATION ApartmentlCondo BEAT I secroR I! Detective Galvan and I conducted the search of Robles' bedroom. Crime Scene Technician (CST) Johnson was present during the search and subsequently collected evidence located in the room. In searching Robles' bedroom Detective Galvan and I located a black Winchester 20 gauge shotgun underneath the mattress in Robles' bedroom. The Winchester was a pump style shotgun with a pistol type handle and did not have a rear butt stock. In making the shotgun safe I located a spent shotgun shell in the chamber of the shotgun. The shotgun shell was yellow and matched the two spent shotgun shells we located on top of the mattress as well as the other shotgun shells found throughout the bedroom. We also located several small caliber ammunition rounds throughout the bedroom that were similar in size and color to those found in the handgun Robles was in possession of. I had CST Johnson document, photograph and collect the evidence located in Robles' bedroom. See CST Johnson's follow-up report for further. After serving the search warrant I spoke with Detective Long regarding Aimie Garcia's statement about what had transpired prior to Officer Costello's arrival. Det. Long told me that Garcia had stated she was not present during the shots being fired in her room and that she had been jogging during that time. I drove back to -residence at 0430 hours and handed her a copy of the search warrant. I then inquired about the two loud bang noises she heard and asked if Garcia was in the room at the time of the noise.�eiterated that she had heard both Garcia and Robles "wrestling" in their bedroom after which she heard Garcia "screaming."- did not make out what Garcia was screamin about and did not think much of it because Garcia and Robles often wrestle in their room. stated she then heard the two loud bang noises approximately one minute of each other and no longer heard Garcia. She yelled toward Garcia's room if every thing was okay, but he did not get an answer. She then answered the knock at her front door. I aske�how Ion after she last heard Garcia scream did she find Garcia outside with the police officers. im told me the last time she heard Garcia scream while in her (Garcia) bedroom and the time she found Garcia outside ADMINISTRATION •LL04V-UP COPIES TO: YES NO ❑ PAT. ❑ DET ❑ DA COURT ❑ PROBATION ❑ VWAP OTHER BY OFFICER DATE/TIME APPROVED BY DATE APPROVED F. Browning 11051 05/3112007 09:51 Bryan Reyes 10660 05/31107 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Closed CASE # Arrest ❑ Palm Springs PD 0705P-6270 Crime P.O. Box 1830, Palm Springs, California 92263 Non -Criminal ❑ CA0331100 PAGE Supplemental Report a OF 4 OFFENSE(S) OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05129/07 19:34 Tuesday 05/29107 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR ApartmentlCondo CASE SUMMARY NARRATIVE was "No more than 5 minutes." I asked -if she seen Garcia leave the residence after hearing her scream or after hearing the two loud bangs and she stated, "No." I concluded my interview with - ADMINISTRATION —LOWAIP COPIES TO: YES ❑ NO ❑ PAT ❑ DET ❑ DA ❑ COURT ❑PROBATION ❑ VWAP ❑OTHER BY OFFICER DATE/TIME APPROVED BY DATE APPROVED F. Browning 11051 05131/2007 09:51 Bryan Reyes 10660 05131/07 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Closed .. .. .. .-. A n %/` 11D— nKn Am4�:'% n�:.,� TI�rP• nc/7 • • 11 Arrest ❑ Palm Springs PD CASE # Crime ❑x P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal ❑ CA0331100 PAGE Supplemental Report i 1 OF 12 oFFENSE(S) OFFENSE(S) conVd. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29107 19:34 Tuesday 05/29/07 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR ApartmentlCondo CASE SUMMARY NARRATIVE On Tuesday, 05/29/2007, at approximately 1948 hours, I received a call on my cell phone from Palm Springs Police Department Dispatch. I was informed that there had been an officer involved shooting and I was being requested to respond to the location of the shooting. I called Sergeant Reyes and informed him of my estimated time of arrival. I arrived at the station at approximately 2025 hours. I collected the camera and other supplies and loaded them into the crime scene vehicle. I left the station at approximately 2035 hours and arrived at=Mariscal Road at approximately 2045 hours. Upon my arrival I joined a briefing that Sergeant Abshire was conducting with Sergeant Reyes, Detective Browning and Detective Galvan. Under the direct supervision of Sergeant Reyes, I was told that my first priority would be to go to the hospital to process the suspect, Roberto Robles. I left =Mariscal Road at approximately 2058 hours and arrived at the Emergency Room of Desert Regional Medical Center at approximately 2100 hours. Upon my arrival at the hospital I met with Officer Hilton, who was standing in the room with Robles. I collected a gunshot residue kit from Robles at approximately 2120 hours. I also photographed Robles in the hospital bed including the gun shot wound on his right side. I completed processing Robles at approximately 2132 hours. The evidence collected was labeled as follows: 15570-40: Gunshot Residue Kit - Roberto Robles - collected 05/29/07 at 2120 hours Sergeant Reyes then directed me to drive to police station so that I could process the officers that were involved. I left Desert Regional Medical Center at approximately 2135 hours and arrived at the station at approximately 2139 hours. Sergeant Reyes, Officer Costello, Officer Castillo and I entered the Crime Lab so that Officer Costello and his gear could be inspected. I began to photograph Officer Costello at approximately 2143 hours, including overalls photographs of his body and close ups of his hands. After photographing Officer Costello, I collected a gunshot residue kit from him. Sergeant Reyes instructed Officer Costello to remove his duty belt for inspection. Sergeant Fallon entered the Crime Lab during the inspection. I photographed the duty belt and its contents. Sergeant Reyes �=i.: JP / YES ❑ NO BY OFFICER J. Johnson 15570 OFFICER ADMINISTRATION COPIES TO: ❑ PAT ❑ DET ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER DATEMME I APPROVED BY 05/3112007 20:45 Bryan Reyes 10660 UNIT/SHIFT ASSIGNED TO DATE APPROVED 05/31/07 CASE STATUS Supp-1-.Johns/15570 Entered by: Jamie Johnson APDC (Rev. 06/16/06) Print Date: 06/O1/2007 � Arrest-1 Palm Springs PD CASE # Crime x I P.O. Box 1830, Palm Springs, California 92263 0705P-6270 _ Non -Criminal H CA0331100 PAGE Supplemental report 2 OF 12 FFENSE(S) DATE, TIME AND DAY OF OCCURENCE 05129107 19:34 Tuesday LOCATION OF OCCURENCE CASE SUMMARY NARRATIVE LOCATION NAME OFFENSE(S) cont'd. DATE AND TIME REPORTED 05/29/07 19:34 TYPE OF LOCATION BEAT SECTOR ApartmentlCondo then instructed Officer Costello to remove the extra magazines from his duty belt. photographed the two Glock magazines together. I then emptied each magazine separately and photographed them individually with the seventeen "WIN 9MM LUGER" cartridges that were removed from them. I also photographed all four sides of each Glock Magazine. The items were all placed in bags at approximately 2200 hours. Officer Costello's duty weapon was then removed from the holster. Sergeant Reyes rendered the weapon safe. photographed the Glock 17, 9 mm pistol, serial number - Glock magazine with ammunition loaded in it and one "WIN 9MM LUGER" cartridge that was removed from the chamber of the pistol. I individually photographed the "WIN 9MM LUGER" cartridge that was removed from the chamber of the Glock 17 as well as the Glock 17 pistol. I made sure to include photographs of all sides of the Glock 17 pistol. I also photographed the Glock magazine that was removed from the Glock 17 pistol before and after the fifteen "WIN 9MM LUGER" cartridges were removed from it. I photographed the remaining contents of Officer Costello's- duty belt, which included "Cap -Stun" OC spray and two sets of handcuffs. I also photographed the holster on that was attached to the duty belt. Officer Costello was cleared to leave by Sergeant Reyes. Sergeant Fallon also left the room at this time. The following items were collected and packaged: 15570-31: Glock 17, 9 MM pistol, serial number � collected 05/29/07 15570-32: Glock magazine removed from pistol - collected 05/29/07 at 2207 hours 15570-33: Fifteen "WIN 9MM LUGER" cartridges removed from Glock magazine - collected 05/29/07 at 2206 hours 15570-34: One "WIN 9MM LUGER" cartridge removed from chamber - collected 05/29/07 at 2204 hours 15570-35: Glock magazine from gun belt (top) - collected 05/29/07 YES ❑ NO ❑ BY OFFICER J.Johnson 15570 OFFICER ADMINISTRATION COPIES TO: PAT ❑ DIET DA ❑ COURT DATE/TIME I APPROVED BY 05131/2007 20:45 Bryan Reyes 10660 UNIT/SHIFT ASSIGNED TO PROBATION ❑ VWAP ❑ OTHER DATEAPPROVED 05131107 CASE STATUS Supp-I-Johns/15570 Entered by: Jamie Johnson APDC (Rev. 06/16/06) Print Date: 06/01/2007 Arrest U Crime Non -Criminal 1-1 FFENSE(S) DATE, TIME AND DAY OF OCCURENCE 05/29/07 19:34 Tuesday LOCATION OF OCCURENCE CASE SUMMARY Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CA0331100 Sunnlemental Renoil LOCATION NAME OFFENSE(S) conrd DATE AND TIME REPORTED 05/29/07 19:34 CASE # 0705P-6270 PAGE 3 OF 12 TYPE OF LOCATION BEAT SECTOR ApartmentlCondo NARRATIVE 15570-36: Seventeen "WIN 9MM LUGER" cartridges removed from Glock magazine (top) - collected 05/29/07 15570-37: Glock magazine from gun belt (bottom) - collected 05/29/07 15570-38: Seventeen "WIN 9MM LUGER" cartridges removed from Glock magazine (bottom) - collected 05/29/07 15570-41: GSR kit - Dave Costello - collected 05/29/07 at 1934 hours Officer Benstead entered the Crime Lab. Sergeant Reyes instructed me to take photographs of Officer Benstead, including overall photographs of his body, close ups of his hands and injuries. Sergeant Reyes then instructed Officer Benstead to remove his duty belt and lay it on the desk so it could be photographed and inspected. I photographed the duty belt with all of its contents. Officer Benstead then removed his extra magazines from the duty belt. I photographed the two Glock magazines together. I then emptied each magazine separately and photographed them with the fifteen "WINCHESTER 40 S&W" cartridges that were removed from them. Officer Benstead then removed his duty weapon from the belt and rendered it safe. I photographed the Glock 22, 40 caliber pistol, serial numbers Glock magazine with ammunition loaded in it and one "WINCHESTER 40 S&W" cartridge that was removed from the chamber of the pistol. I emptied the Glock magazine and photographed the magazine along side the fifteen "WINCHESTER 40 S&WI cartridges. I finished processing both officers at approximately 2241 hours. Sergeant Reyes instructed me to return to 366 Mariscal Road. I left the station at approximately 2250 hours and arrived at 366 Mariscal Road at approximately 2259 hours. Upon my arrival, I met with Sergeant Crager and Detective Galvan to discuss my plan for processing the scene. Detective Galvan assisted me with my processing. I began to photograph the scene at approximately 2308 hours. In my photographs I included the exterior and interior of Palm Springs Police Department patrol vehicle unit 33, which was ADMINISTRATION A - ' JF / YES ❑ NO ❑ COPIES TO: ❑ PAT. ❑ DET ❑ DA COURT ❑ PROBATION EI VWAP F-I OTHER BY OFFICER DATEJTIME APPROVED BY DATE APPROVED J. Johnson 15570 05/31/2007 20:45 Bryan Reyes 10660 05/31107 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Supp-l-Johns/15570 Entered by: Jamie Johnson APDC (Rev. 06/16/06) Print Date: 06/01/2007 Arrest Palm Springs PD CAS E.# Crime x P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal CA0331100 PAGE Supplemental Report 4 OF 12 1 rNSE(S) OFFENSE(S)cont'd DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05129107 19:34 Tuesday 05/29/07 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Apartment/Condo CASE SUMMARY NARRATIVE Officer Costello's vehicle. After photographing the overalls and approach to the scene, including the placement of the evidence and vehicles within the scene, I placed the evidence numbers in the scene. I continued to take photographs, including the approach and close up of all evidence. The following items were collected as evidence: 15570-1: Smith and Wesson, model 622, 22 caliber pistol, serial number located south of parking lot at 366 Mariscal Road just before street - collected 05/30/07 at 0031 hours 15570-2: Smith and Wesson magazine - located west of Smith and Wesson pistol - collected 05/30/07 at 0032 hours 15570-3: Ten "C" cartridges removed from Smith and Wesson magazine on 05/31/07 - collected 05/30/07 at 0032 hours 15570-4: Two "C" cartridges - located next to gun south of parking lot at 366 Mariscal Road - collected 05/30/07 at 0033 hours 15570-5: One "WIN 9MM LUGER" casing - located south of parking lot at 366 Mariscal Road in street - collected 05/30/07 at 0035 hours 15570-6: One "WIN 9MM LUGER" casing - located south of parking lot at 366 Mariscal Road just before street - collected 05/30/07 at 0036 hours 15570-7: White shirt - located in parking lot east of Mariscal Bungalows entrance- placed in brown paper bag prior to collection - collected 05/30/07 at 0037 hours 15570-8: Dickies khaki pants, size 38x32 with a brown belt - located in parking lot east of Mariscal Bungalows entrance- collected 05/30/07 at 0038 hours ,I-G-W-UP YES ❑ NO ❑ BY OFFICER J.Johnson 15570 OFFICER ADMINISTRATION COPIES TO: ID PAT. DET. ❑ DA ❑ COURT DATEITIME APPROVED BY 05131/2007 20:45 Bryan Reyes 10660 UNIT/SHIFT ASSIGNED TO PROBATION ❑ VWAP ❑ OTHER DATEAPPROVED 05131/07 CASE STATUS Supp-l-Johns/15570 Entered by: Jamie Johnson APDC (Rev. 06/16/06) Print Date: 06/01/2007 Arrest ❑ Palm Springs PD Crime 0 P.O. Box 1830, Palm Springs, California 92263 Non -Criminal ❑ CA0331100 Supplemental Report FFENSE(S) I OFFENSE(S) contd. DATE, TIME AND DAY OF OCCURENCE 05129107 19:34 Tuesday LOCATION OF OCCURENCE LOCATION NAME CASE SUMMARY NARRATIVE DATE AND TIME REPORTED 05129/07 19:34 TYPE OF LOCATION ApartmentlCondo CASE # 0705P-6270 PAGE 5 of 12 BEAT ISECTOR 15570-9: Two white socks - located in parking lot east of Mariscal Bungalows entrance - collected 05/30/07 at 0040 hours 15570-10: Two Die Hard Sure Track tan boots, size 1 OD - located in parking lot east of Mariscal Bungalows entrance - collected at 0041 hours Under the direction of Detective Galvan, I attempted to locate latent prints from the hood of the white Toyota pickup truck, California license plate and the trunk of red Toyota Supra, California license plate � I lifted two identifiable latent fingerprints from the hood of the Toyota pickup truck. I placed them on one latent print card and labeled them as follows: 15570-39: One latent print card - located on the hood of white, two door, Toyota pickup truck - collected 05/30/07 at 0047 hours Detective Galvan and I located pieces of what appeared to be a fragmented bullet located in the tailgate of a blue, four door, Chevrolet Suburban, California license plate was able to recover three pieces of the fragmented bullet. I labeled them as follows: 15570-11: Three pieces of metal fragments - located in tailgate of blue, four door, Chevrolet Suburban, California license plate -- collected 05/30/07 at 0134 hours Under the direction of Sergeant Crager, Detective Galvan and I attempted to determine the trajectory of the bullet that impacted the Chevrolet Suburban. I photographed an approximate trajectory. The bullet hole measure approximately 46 inches from the ground and 14 feet from the vehicle to the parking lot. Detective Browning arrived and he served a search warrant aMMariscal Road, unit I began to photograph the residence at approximately 0138 hours, including the exterior and the interior prior to any search. Detective Browning and Detective Galvan commenced with ADMINISTRAPON SLOW -UP COPIES TO: YES NO ❑ PAT. ❑ DET. ❑ DA ❑ COURT ❑ PROBATION VWAP ❑ OTHER BYOFFICER DATEMME APPROVED BY DATEAPPROVED J. Johnson 15570 05131/2007 20:45 Bryan Reyes 10660 05131107 OFFICER UNITISHIFT ASSIGNED TO CASE STATUS Supp-l-Johns/15570 Entered by: Jamie Johnson APDC (Rev. 06/16/06) Print Date: 06/01/2007 Arrest ❑ Palm Springs PD CASE # Crime E] P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal ❑ CA0331100 PAGE Supplemental Report 6 OF 12 FFENSE(S) I OFFENSE(S) coM'd. DATE TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29107 19:34 Tuesday 05/29107 19:34 LOCATION OF OCCURENCE LOCATION NAME f TYPE OF LOCATION BE SECTOR ApartmentlCondo CASE SUMMARY NARRATIVE the search of the residence. I placed evidence number placards and photographed evidence at their discretion. The following items were collected from 366 Mariscal Road, unit 7: 15570-12: Two "Federal 7 7/8 oz 2 DRAM" 20 gauge shotgun casings - located on bed in south east bedroom - collected 05/30/07 at 0200 hours 15570-13: One "Winchester Super X 3B" 20 gauge shotgun cartridge - located on floor of south east bedroom - collected 05/30/07 at 0200 hours 15570-14: Three "C" cartridges - located on box of "Old Clothes" in south east bedroom - collected 05/30/07 at 0200 hours 15570-15: Box of CCI 22 Long Rifle Stinger Ammunition containing 22 cartridges - located on box of "Old Clothes" in south east bedroom - collected 05/30/07 at 0201 hours 15570-16: One "Winchester Super X 3B" 20 gauge shotgun cartridge and one "Federal 7 7/8 oz 2 DRAM" 20 gauge shotgun cartridge - located on stereo in south east bedroom - collected 05/30/07 at 0201 hours 15570-17: Box of Winchester 22 Long Rifle ammunition containing 18 "Super X" cartridges - located on stereo in south east bedroom - collected 05/30/07 at 0201 hours 15570-18: Black holster - located on night stand in south east bedroom - collected 05/30/07 at 0202 hours 15570-19: One "Winchester Super X 3B" 20 gauge shotgun cartridge - located on bed in south east bedroom - collected 05/30/07 at 0204 hours 15570-20: Winchester, Defender, 20 gauge, pump action shotgun, serial numbe ADMINISTRATION _�nYt•uP COPIES TO: YES ❑ NO ❑ ❑ PAT. ❑ DIET ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER BY OFFICER DATErrIME APPROVED BY DATE APPROVED J. Johnson 15570 05/31/2007 20:45 Bryan Reyes 10660 05/31/07 OFFICER UNIT/SHIFT ASSIGNEDTO CASE STATUS Supp-l-Johns/15570 Entered by: Jamie Johnson APDC (Rev. 06/16/06) Print Date: 06/01/2007 Arrest ❑ Palm Springs PD Crime P.O. Box 1830, Palm Springs, California 92263 Non -Criminal ❑ CA0331100 Supplemental Report FFENSE(S) I OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENCE 05129/07 19:34 Tuesday LOCATION OF OCCURENCE CASE SUMMARY NARRATIVE LOCATION NAME DATE AND TIME REPORTED 05/29/07 19:34 TYPE OF LOCATION Apartment/Condo CASE # 0705P-6270 PAGE 7 OF 12 BEAT ISECTOR - located under mattress in south east bedroom - collected 05/30/07 at 0209 hours 15570-21: One "Federal 7 7/8 oz 2 DRAM" 20 gauge shotgun cartridge, one "Winchester Super X 3B" 20 gauge shotgun cartridge, one Winchester 20 gauge casing - located in Winchester, Defender 20 gauge shotgun (removed by Detective Browning) - collected 05/30/07 at 0210 hours 15570-22: One "Winchester Super X 3B" 20 gauge shotgun casing - located in top drawer of dresser in south east bedroom - collected 05/30/07 at 0219 hours 15570-23: Box of Remington 22 Golden Bullet cartridges containing 95 "REM" cartridges - located in closet of south east bedroom - collected 05/30/07 at 0221 hours 15570-24: Two gun cleaning kits - located on top shelf of closet in south east bedroom - collected 05/30/07 at 0227 hours 15570-28: Large, blue marijuana pipe - located on top of dresser in south east bedroom - collected 05/30/07 at 0229 hours 15570-29: Empty, glass bottle of E&J VSOP brandy - located in outside south east corner of residence - collected 05/30/07 at 0232 hours 15570-30: Indicia including California driver's license in the name of Roberto Robles, photos, pay stub for Robert Robles from , ID bracelet with , Washington Mutual checkbook with account in the name of Roberto Robles - located in south east bedroom - collected 05/30/07 Detective Browning, Detective Galvan and I proceeded to two cars parked in the south parking lot for the second part of the search warrant. No photos were taken and no evidence was collected. I finished processing the scene and left 20 Mariscal Road at SLOW - UP YES ❑ NO ❑ BY OFFICER J.Johnson 15570 OFFICER ADMINISTRATION COPIES TO: PAT ❑ DIET DATEMME 05/31/2007 20:45 UNIT/SHIFT ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER APPROVED BY Bryan Reyes 10660 ASSIGNED TO DATEAPPROVED 05131107 CASE STATUS Supp- I -Johns/ 15570 Entered by: Jamie Johnson APDC (Rev. 06/16/06) Print Date: 06/01/2007 Arrest ❑ Crime Q Non -Criminal ❑ Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CA0331100 CASE # 0705P-6270 PAGE Supplemental Report s of 12 FFENSE(S) OFFENSE(S) cont'd. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29/07 19:34 Tuesday 05/29/07 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Apartment/Condo CASE SUMMARY NARRATIVE approximately 0323 hours. I returned to the station at approximately 0330 hours. Sergeant Reyes instructed me to go to the jail and photograph and collect a Gunshot Residue Kit from a female that was in custody. I photographed the female, identified as Aimie Garcia -Robles, including overalls of her body and close ups of her hands. While photographing Garcia -Robles, I observed four contusions on her lower left arm extending on to her hand. I asked Garcia -Robles how she injured herself and she explained that she does inventory at - She has a "damage cart" that she places inventory on. The door came off of the hinges and hit her arm causing two of the contusions. She stated that it happened about a week ago. She said that other two contusions happened the night of 05/29/2007, but she was not sure how they occurred. I collected a Gunshot Residue Kit from Robles -Garcia and labeled it as follows: 15570-42: Gunshot Residue Kit - collected 05/30/07 at 0344 hours I hung the bloody clothes collected from the parking lot at MMariscal Road in the evidence dryer. At this time I recovered the following items from the Dickies pants pockets: 15570-49: One black wallet with identification for Roberto Robles 15570-50: $8 cash - 1 x $5, 3 x $1 15570-51: Seventeen metal shelf holders I secured all evidence in the Crime Lab and left the station at approximately 0500 hours. On Wednesday, 05/30/2007, 1 received a call from Detective Long. She informed me that Sergeant Reyes was requesting that I respond to = Mariscal Road for evidence collection. I collected that camera and other supplies and loaded them into the crime scene vehicle. I left the station at approximately 1330 hours and arrived atl�Mariscal Road at approximately 1339 hours. I met with Sergeant Reyes and Detective Long who informed ILOW-UP YES NO ❑ BY OFFICER J.Johnson 15570 OFFICER ADMINISTRATION COPIES TO: ❑ PAT. ❑ DIET ❑ DA ❑ COURT DATEITIME I APPROVED BY 05/31/2007 20:45 Bryan Reyes 10660 UNIT/SHIFT ASSIGNED TO PROBATION ❑ VWAP ❑ OTHER DATEAPPROVED 05131/07 CASE STATUS Supp-l-Johns/15570 Entered by: Jamie Johnson APDC (Rev. 06/16/06) Print Date: 06/01/2007 Arrest ❑ Crime 7 Non -Criminal ❑ Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CA0331100 Supplemental Report CASE # 0705P-6270 PAGE 9 OF 12 FFENSE(S) 1 OFFENSE(S) coned. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29107 19:34 Tuesday 05/29/07 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Apartment/Condo CASE SUMMARY NARRATIVE me that they had found three shotgun wads that they wanted me to collect. I began to photograph the dirt lot east of = Mariscal Road at approximately 1346 hours. I collected the three shotgun wads and labeled them as follows: 15570-25: Shotgun wad - located at i Mariscal Road; approximately 87'9" north of Mariscal Road and 73'2" east of west wall bordering 366 Mariscal Road - collected 05/30/07 at 1409 hours 15570-26: Shotgun wad - located at=Mariscal Road; approximately 104'1" north of Mariscal Road and 677' east of west wall bordering 366 Mariscal Road - collected 05/30/07 at 1410 hours 15570-27: Shotgun wad - located at = Mariscal Road; approximately 11'5" west of east wall of unit 4 and 83'10" north of Mariscal Road - collected 05/30/07 at 1410 hours Under the direction of Sergeant Reyes, I photographed what appeared to be pellet holes in the upper west wall between unit 5 and unit 6. 1 finished processing the scene at approximately 1419 hours. Sergeant Reyes requested that I accompany him and Detective Long to the hospital to videotape an interview with Robles. I left Mw ariscal Road and arrived at Desert Regional Medical Center at approximately 1424 hours. I began to videotape the interview with Robles, who was in Trauma ICU room 3142, at approximately 1431 hours and ended at approximately 1437 hours. I informed Sergeant Reyes that I was going to return to =Mariscal Road to take some overall photographs of the scene. I left Desert Regional Medical Center at approximately 1446 hours and arrived atMIVlariscal Road at approximately 1451 hours. I began to photograph the scene at approximately 1452 hours and ended at approximately 1456 hours. I left =Mariscal Road at approximately 1457 hours and returned to the station at approximately 1519 hours. On Thursday, 05/31/2007, 1 processed the following items, which were all originally submitted by me, for recovery and documentation of any possible latent print evidence. LOW -UP YES ❑ NO BY OFFICER J. Johnson 15570 OFFICER ADMINISTRATION COPIES TO: ❑ PAT ❑ DET ❑ DA ❑ COURT DATE/TIME APPROVED BY 05/31/2007 20:45 Bryan Reyes 10660 UNITISHIFT ASSIGNED TO PROBATION ❑ VWAP ❑ OTHER DATEAPPROVED 05/31107 CASE STATUS Supp-I-Johns/15570 Entered by: Jamie Johnson APDC (Rev. 06/16/06) Print Date: 06/01/2007 Arrest F, Palm Springs PD Crime rx] P.O. Box 1830, Palm Springs, California 92263 Non -Criminal CA0331100 Supplemental Report FFENSE(S) DATE, TIME AND DAY OF OCCURENCE 05/29/07 19:34 Tuesday LOCATION OF OCCURENCE CASE SUMMARY I NARRATIVE LOCATION NAME OFFENSE(S) coned. DATE AND TIME REPORTED 05/29/07 19:34 CASE # 0705P-6270 PAGE 10 OF 12 TYPE OF LOCATION BEAT SECTOR ApartmentlCondo 15570-1: Smith and Wesson, model 622, 22 caliber pistol, serial number 15570-2: Smith and Wesson magazine 15570-3: Ten "C" cartridges removed from Smith and Wesson magazine 15570-4: Two "C" cartridges 15570-12: Two "Federal 7 7/8 oz 2 DRAM" 20 gauge shotgun casings 15570-13: One "Winchester Super X 3B" 20 gauge shotgun cartridge 15570-14: Three "C" cartridges 15570-15: Box of CCI 22 Long Rifle Stinger Ammunition containing 22 cartridges 15570-16: One "Winchester Super X 3B" 20 gauge shotgun cartridge and one "Federal 7 7/8 oz 2 DRAM" 20 gauge shotgun cartridge 15570-19: One "Winchester Super X 3B" 20 gauge shotgun cartridge 15570-20: Winchester, Defender, 20 gauge, pump action shotgun, serial numbe 15570-21: One "Federal 7 7/8 oz 2 DRAM" 20 gauge shotgun cartridge, one "Winchester Super X 3B" 20 gauge shotgun cartridge, one Winchester 20 gauge casing - located in Winchester, Defender 20 gauge shotgun (removed by Detective Browning) 15570-22: One "Winchester Super X 3B" 20 gauge shotgun casing .OW -UP YES ❑ NO ❑ BY OFFICER J.Johnson 15570 OFFICER ADMINISTRATION DET DA COURT ❑ PROBATION VWAP OTHER DATErrIME 05131/2007 20:45 UNIT/SHIFT COPIES TO: ❑ PAT APPROVED BY Bryan Reyes 10660 ASSIGNED TO DATEAPPROVED 05131/07 CASESTATUS Supp-l-Johns/15570 Entered by: Jamie Johnson APDC (Rev. 06/16/06) Print Date: 06/01/2007 Arrest n Palm Springs PD Crime I x P.O. Box 1830, Palm Springs, California 92263 Non-Criminal1-1 CA0331100 FFENSE(S) DATE, TIME AND DAY OF OCCURENCE 05129107 19:34 Tuesday LOCATION OF OCCURENCE CASE SUMMARY NARRATIVE Supplemental Deport OFFENSE(S) cont'd. _1_ LOCATION NAME 15570-28: Large, blue marijuana pipe DATE AND TIME REPORTED 05129107 19:34 15570-29: Empty, glass bottle of E&J VSOP brandy CASE # 0705P-6270 PAGE 11 OF 12 TYPE OF LOCATION j BEAT j SECTOR Apartment/Condo I inspected all items under the ambient light for any visible latent prints. I then began to process the items with consideration to their type and surface material. All items listed above were processed in the Cyanoacrylate Ester Fuming Chamber. They were further treated with bichromatic fingerprint powder. As a result, identifiable latent fingerprints were developed and recovered on items 15570-12, 15570-15 and 15570-29. The latent prints were lifted by me and placed on six individual latent print cards. I filled out and signed each lift card and placed and sealed them in an evidence envelope. All evidence items collected during processing were listed as follows: 15570-43: Swab of grips of Smith and Wesson pistol, serial numbe (item 15570-1) - collected 05/31/07 at 0814 hours 15570-44: Hair attached to shotgun casing (item 15570-12) - collected 05/31/07 15570-45: Swab of grips and pump of Winchester shotgun, serial number collected 05/31/07 at 0953 hours 15570-46: Six latent print cards collected from items 15570-12 (x1), 15570-15 (x1) and 15570-29 (x4) All items were packaged, sealed and submitted to Property. The latent print cards (items 15570-39 and 15570-46) were mailed to Riverside CAL -ID on 06/04/2007. The video interview with Robles that was conducted on 05/30/2007 in Trauma ICU Room 3142 was transferred to VHS tape on 06/04/2007 and listed as follows: 15570-47: Video interview with Roberto Robles at Desert Regional Medical Center, Trauma I A DMINIS TRA TION I,LOW-UP COPIES TO: 3 YES ❑ NO ❑ PAT DET. D DA COURT BY OFFICER DATE/TIME APPROVED BY J.Johnson 15570 05131/2007 20:45 Bryan Reyes 10660 OFFICER 'UNIT/SHIFT ASSIGNED TO PROBATION VWAP OTHER DATE APPROVED 05/31/07 CASE STATUS Su1`)1)-1-Johns/15570 Entered by: Jamie Johnson APDC (Rev. 06/16/06) Print Date: 06/01/2007 Arrest ❑ Palm Springs PD CASE # Crime ❑x P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal ❑ CA0331100 PAGE Supplemental Report 12 OF 12 FFENSE(S) I OFFENSE(S) conl'd DATE TIME AND DAY OF OCCURENCE 05129/07 19:34 Tuesday LOCATION OF OCCURENCE CASE SUMMARY DATE AND TIME REPORTED 05/29/07 19:34 LOCATION NAME TYPE OF LOCATION I Apartment/Condo BEAT ISECTOR NARRATIVE ICU Room 3142 - 05/30/2007 1431-1437 hours The 481 photographs were downloaded to the network server and listed as follows: 15570-48: Photographs - digital image numbers 9280-9760 LLO W-UP 1 % YES ❑ NO ADMINIS TRA TION COPIES TO: ❑ PAT. n DET. L 1 DA I I COURT n PROBATION 1 1 VWAP I I OTHER BY OFFICER J. Johnson 15570 DATErrIME 05/31/2007 20:45 APPROVED BY Bryan Reyes 10660 DATE APPROVED 05131/07 OFFICER UNIT/SHIFT ASSIGNED TO CASESTATUS Supp-l-Johns/15570 Entered by: Jamie Johnson APDC (Rev. 06/16/06) Print Date: 06/012007 I I • • Arrest ❑ Crime 0 Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CASE # 0705P-6270 Non -Criminal ❑ CA0331100 PAGE Supplemental Report 1 OF 1 JFFENSE(S) OFFENSE(S) coned DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29/07 19:34 Tuesday 05/29107 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Apartment/Condo CASE SUMMARY NARRATIVE SUPPLEMENTAL REPORT 1 SUSPECT: ROBLES, ROBERTO, D.O.B. 12/4/1984 On Tuesday, 5/29/07, 1 responded to assist in the investigation of an officer involved shooting atMirascal. I conducted a computer system check on Robles. Robles' criminal history Attached is a copy of Robles' criminal history, contacts on Robles from the Desert Hot ADMINISTRATION OV: -UP COPIES TO: YES NO ❑ PAT. ❑ DEr. ❑ DA COURT PROBATION ❑ VWAP OTHER BY OFFICER DATE/TIME APPROVED BY DATE APPROVED R. Long 15075 Bryan Reyes 10660 05131107 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Supp-l-Long/15075 Entered by: Rhonda Long APDC (Rev. 06/16/06) Print Date: 06/01/2007 • 0 .3 Arrest ❑ Palm Springs PD CASE # Crime 111 P.O. Box 1830, Palm Springs, California 92263 0705P-6270 PAGE Non -Criminal ❑ CA0331100 Supplemental Report 1 OF 7 OFFENSE(S) OFFENSE(S) conVd. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29/07 19:34 Tuesday 05129/07 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Apartment/Condo CASE SUMMARY I NARRATIVE lj VICTIM: COSTELLO, Dave SUSPECT: ROBLES, Roberto WITNESS: (� Address: Mariscal,=Palm Springs, CA On May 30, 2007, 1 made contact with GARCIA in the Palm Springs Police Department Jail where she was in custody with regard to this incident. GARCIA-is the wife of suspect Roberto ROBLES. At 0225hrs, I read GARCIA her Miranda Rights from a pre-printed Palm Springs Police Department Statement of Rights form. GARCIA signed the form, stating that she understood her Rights. As I read each Right to her, I asked her if she understood them and she said, "yes". GARCIA stated that on 5/29/07, she had picked ROBLES up from work and they had just ADMINISTRATION FOLLOW-UP YES NO ❑ BY OFFICER R.Long 15075 COPIES TO: ❑ PAT ❑ DET DATE/TIME 06101/2007 18:18 OFFICER I UNIT/SHIFT ❑ DA ❑ COURT ❑ PROBATION APPROVED BY Bryan Reyes 10660 ASSIGNED TO ❑ VWAP ❑ OTHER DATEAPPROVED 06102107 CASE STATUS Arrest ❑ Palm Springs PD crime C1 P.O. Box 1830, Palm Springs, California 92263 Non -Criminal ❑ CA0331100 Supplemental Report OFFENSE(S) OFFENSE(S) conCd. DATE. TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05129/07 19:34 Tuesday 05129/07 19:34 LOCATION OF OCCURENCE i LOCATION NAME TYPE OF LOCATION ApartmentlCondo CASE SUMMARY NARRATIVE CASE # 0705P-6270 PAGE 2 OF 7 BEAT ISECTOR arrived home at approximately 1900hrs. GARCIA stated that she and ROBLES were in their bedroom talking about how their day went. GARCIA said she pulled out a .22 caliber handgun because she wanted to have ROBLES clean it for her. GARCIA stated that the handgun is silver. She said the gun is hers, but she never had it registered to her. She said she bought it a couple of years ago off the street for $150.00. GARCIA said she had the gun for protection because she used to live in Desert Hot Springs and she said that Desert Hot Springs is a bad city. GARCIA said that prior to giving ROBLES the handgun, she fired it out the bedroom window. GARCIA stated, "It wasn't the first time. I didn't think anything of it". GARCIA stated that she fires the gun on 4th of July or New Year's Eve. GARCIA said that she fired two to four shots from the window, while standing on her bed. GARCIA said there is not a screen on the rear window which faces east. GARCIA stated she doesn't know why she shot the gun out the window. She said that maybe it was because she hadn't shot it in a while. When I asked GARCIA how she fired the gun out the window, she raised her arm over her head, demonstrating how she fired the gun into the sky. I asked GARCIA about the casings for the .22 handgun and she said that she doesn't know where they flew. No .22 caliber casings were located in the bedroom when Detective Browning served a Search Warrant on the location. GARCIA stated that she keeps a full clip in the gun. When I asked GARCIA what a full clip was, she said twelve bullets. She said she usually keeps the handgun in a dresser drawer, but sometimes she keeps it between the mattresses. She stated that after she shot the gun, her mom knocked on the door and asked if she was okay, and she responded, "yeah, I'm okay". GARCIA stated that after firing the gun, she left the apartment to go jogging. She said she was down the street when she heard police sirens and saw cops going on her street. I asked GARCIA if ROBLES was chasing her and she stated that he wasn't chasing her, he A DMINIS TRA TION FOLLOW-UP YES ❑ NO ❑ BY OFFICER R. Long 15075 COPIES TO: PAT ❑ DET DATFMME 06/0112007 18:18 ❑ DA ❑ COURT ❑ PROBATION VWAP ❑ OTHER APPROVED BY Bryan Reyes 10660 OFFICER UNITISHIFT ASSIGNED TO DATEAPPROVED 06102107 CASE STATUS A_-_ [Arrest rime Q Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 1 CASE # 0705P-6270 Non -Criminal CA0331100 PAGE Supplemental Report 3 OF 7 OFFENSE(S) OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29107 19:34 Tuesday 05/29/07 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Apartment/Condo CASE SUMMARY NARRATIVE wouldn't ever hurt her. GARCIA stated that she knew ROBLES had the gun because she gave it to him to clean. GARCIA stated that ROBLES may have gone to the truck to get something and may have taken the gun with him. Garcia said she doesn't know why Robles went to the truck because the gun cleaner was in the bedroom. I asked GARCIA if ROBLES usually carries the gun around and she stated that he did not. I mentioned to GARCIA that other people have seen him with the gun in his waistband and she denied it. GARCIA stated she doesn't know why ROBLES would have taken the gun out to the truck. She said they do not have any problems at the apartment complex or with anyone around there. I asked GARCIA if they ever owned any other guns and she stated that they did not. I asked GARCIA about ROBLES' prior arrests for possession of a handgun and she stated that the police had arrived at his house while he was having a party and because they found guns at his house he was charged with it. She said he was going to plead not guilty to that charge. GARCIA said she was at the location at the time ROBLES was arrested on that charge. I asked GARCIA if she owned any other guns. She said that she has a 20 gauge shotgun. GARCIA stated that the shotgun is kept in the closet and the last time she saw the shotgun in the closet was about a week ago. GARCIA stated that she has fired the shotgun out the bedroom window also, but has not fired the shotgun since New Year's Eve. GARCIA stated that she last purchased ammunition for the shotgun about a year ago at a gun shop in Desert Hot Springs. GARCIA stated that a friend gave her a box of shotgun ammunition also. She said the last time she bought ammunition for the .22 caliber handgun was about six months ago. She said she bought the ammunition at Walmart or K-mart. I asked GARCIA'if she had fired the shotgun tonight and she stated no. I asked her about the shotgun shells on the bed in her bedroom. GARCIA stated that she has empty shotgun shells in her bedroom on the stereo. She had no explanation as to why she had the shotgun ADMINISTRATION FOLLOW-UP YES ❑ NO BY OFFICER R.Long 15075 OFFICER COPIES TO: PAT ❑ DET DA COURT PROBATION VWAP DATE/TIME APPROVED BY 06/01/2007 18:18 Bryan Reyes 10660 UNIT/SHIFT ASSIGNED TO ❑ OTHER DATE APPROVED 06102/07 CASE STATUS Arrest ❑ Palm Springs PD CASE # Crime P.O. Box 1830, Palm Springs, California 92263 0705P-6270 _ Non -Criminal CA0331100 PAGE Supplemental Report 4 OF 7 OFFENSE(S) OFFENSE(S) cont'd. DATE AND TIME REPORTED DATE. TIME AND DAY OF OCCURENCE 05/29/07 19:34 Tuesday 05/29107 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION HEAT SECTOR Apartment/Condo CASE SUMMARY NARRATIVE shells, except she stated that they had picked them up the last time she had fired the shotgun in the desert. She said that she has about four to eight shotgun shells on the stereo in her bedroom. I asked GARCIA if ROBLES fired the shotgun and she said, "not that I know. Not while I was there". She said she can't explain why there were shells on the bed. I asked GARCIA if she would be covering up anything or lying and she wouldn't answer the question, and changed the subject. GARCIA asked me if the shotgun was fired and she also asked me if there were shotgun shells on the bed. GARCIA stated that she and ROBLES have been together for about three years and got married about a week ago. GARCIA said there are no past incidences of domestic violence between she and ROBLES. Garcia stated that she does not get along with her mother and her mother attempted suicide on Saturday, May 26, 2007, by taking an overdose of Vicodin and Morphine. GARCIA stated that her mother was upset because she got married to ROBLES. GARCIA stated that she and ROBLES drink occasionally and smoke marijuana. She stated that they haven't used speed in about two years. I asked GARCIA about the Police bringing her home and her face being bruised. GARCIA stated that she was in a car accident in February on Palm Canyon and Gran Via Valmonte and her face was injured at that time. I asked GARCIA if she heard gunshots while she was out jogging and she stated that she did not. I asked GARCIA if there was anything else that she wanted to tell me and she just stared at me. I asked GARCIA several times if she had fired the shots. GARCIA stated, "No, I didn't fire the shots." GARCIA stated that she went out jogging and when she was on Via Miraleste and Via Escuela when she heard gunshots. GARCIA said she kept jogging and a short time later she heard sirens. GARCIA said she saw the Police turn onto her ADMINISTRATION FOLLOW-UP YES NOFJ BY OFFICER R. Long 15075 OFFICER COPIES TO: PAT DET. EJ DA ❑ COURT PROBATION VWAP OTHER DATEITIME e-PPROVED BY DATE APPROVED 06/01/2007 18:18 Bryan Reyes 10660 06102/07 UNITISHIFT ASSIGNED TO CASE STATUS A�fh Arrest ❑ Crime Non -Criminal ❑ Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CA0331100 Supplemental Report CASE # 0705P-6270 PAGE 5 OF 7 OFFENSE(S) OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29/07 19:34 Tuesday 05/29107 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR ApartmentlCondo CASE SUMMARY NARRATIVE street and she ran back to her apartment. GARCIA stated that she didn't know why ROBLES pulled out the shotgun. GARCIA said she did not know why she lied and then she stated that she lied because ROBLES had been shot. She said she was sorry for lying. GARCIA said that the guns belong to both she and ROBLES. GARCIA said that she and ROBLES were getting along fine prior to her leaving to go jogging. GARCIA stated that ROBLES was tired and his demeanor was fine. She said that upon coming back to the apartment, she saw that ROBLES had been shot. She said the Police Officer told her to stay back, but she didn't follow his orders because all she wanted to do was hug her husband. I concluded my interview with GARCIA and booked a copy of the interview into evidence. On 05/30/07 at about 1333 hours, I conducted an area check at M West Mariscal for evidence. akest Mariscal is located directly East of W. Mariscal, where GARCIA and ROBLES reside. GARCIA and ROBLES' bedroom window facesNMMW. Mariscal into a dirt lot and small apartment complex. I made contact with witness has resided at this location for approximately 24 years. stated that on 05/29/07 at approximately 1930hrs she heard two gunshots. stated that her front door was closed, her air conditioner was on, her TV was on and she was in the bathroom and she still heard the gunshots. stated that she's heard gunshots coming from the apartment com lex located at 366 W. Mariscal approximately six times in the last six monthsstated she has not heard gunshots from that location in about two months. aid she did not see anyone fire a gun. FOLLOW-UP YES ❑ NO BY OFFICER R. Long 15075 OFFICER ADMINISTRATION COPIES TO: PAT EJ DET. ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER DATEMME APPROVED BY DATE APPROVED 06101/2007 18:18 Bryan Reyes 10660 06102107 UNIT/SHIFT ASSIGNED TO CASE STATUS Arrest ❑ Crime L� Non -Criminal ❑ Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CA0331100 CASE # 0705P-6270 PAGE Supplemental Report 6 OF 7 OFFENSE(S) OFFENSE(S)conrd. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05129107 19:34 Tuesday 05/29/07 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR ApartmentlCondo CASE SUMMARY NARRATIVE I made contact with witness tated she has lived at that residence for approximately two and a half years. stated that on 05/29/07 between 1900hrs and 1930hrs she heard three gunshots in succession. stated that the gunshots were coming from the West. tated that her front door was closed, her air conditioner was on and the TV was up and she still heard the gunshots. aid a short time later she heard police sirens. I asked if is sounded like gunshots or firecrackers. - stated she could tell the difference between gunshots and firecrackers and those were a shots. id not see anyone fire a gun or see anyone with a gun. aid she has not heard gunshots in the area in the past. I made contact with a male subject that would only identify himself as Mariscal�gave his phone number as did not want to further identify himself. stated that on 05/29/07 at approximately 1930hrs he heard two gun shots. =stated that he was moving things from his apartment to his truck which was parked on the street in front of the apartment complex after the gunshots. stated a short time later that he observed two Police Officers walking westbound from the East with their guns drawn. = stated once the Officers were ate - Mirascal, he heard the Officers screaming, "drop the gun, drop the gun". =stated he saw one Officer on the street and the other Officer go into the parking lot located at JW. Mariscal. _ stated that he saw the Officer standing in the street fire two shots from his gun. _ stated that he was standing approximately 40 to 50 feet away with no obstruction to his view. I asked M if he could clearly hear the Officers and he stated that he could. I asked cif he heard the gunshots or if he saw the Officer fire and he stated he saw the Officer fire his gun. = stated that a short time later he heard a female screaming, "you killed him". - said that he did not want to get involved and did not offer a further statement. A OMINIS TRA TION FOLLOW-UP YES ❑ NO ❑ BY OFFICER R.Long 15075 OFFICER COPIES TO: ❑ PAT ❑ DET DATEMME 06/01/2007 18:18 EI DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER APPROVED BY Bryan Reyes 10660 UNIT/SHIFT J ASSIGNED TO DATE APPROVED 06102107 CASE STATUS ❑ Palm Springs PD CASE # ❑P.O. X❑ F Box 1830 Palm Springs, California 92263 0705P-6270 PAGE CA0331100 Supplemental Report 7 OF 7 OFFENSE(S) OFFENSE(S) coned. DATE AND TIME REPORTED DATE, TIME AND DAY OF OCCURENCE 05129/07 19:34 Tuesday 05129/07 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Apartment/Condo CASE SUMMARY NARRATIVE While looking around the dirt parking lot located at M W. Mariscal Road, I located a clear plastic "wad" from a shotgun. A wad is part of the projectile that is fired from the shotgun. I located the wad near the front of apartment in the dirt lot area. I located a second wad approximately ten feet from the first wad. I continued to conduct an area check and I located a third wad near apartmentEin a flowerbed. All of the wads located were in a position where people either park their vehicles or walk. If someone was walking in the parking lot at the time the shotgun was fired, they could have easily been injured or killed. CST Johnson arrived on scene and marked and collected the evidence. Sgt. Reyes and I contacted ROBLES at Desert Regional Medical Center located at 1150 North Indian Canyon. Sgt. Reyes Mirandized ROBLES at approximately 1435hrs and when Sgt. Reyes asked ROBLES if he understood his Rights, he stated, "yes sir." ROBLES invoked his rights and the interview was terminated. ROBLES' nurse _' stated that ROBLES was under the care of Dr. = Naomi stated that ROBLES was given 2 - 500mg tables of Vicodin at approximately 1200hrs. On June 1, 2007, at approximately 1200hrs, I made contact with ROBLES at Desert Regional Medical Center. I spoke to Dr. - and advised him that I was placing ROBLES under arrest and arranging for him to be transported to Riverside General Hospital. I made contact with ROBLES and advised him that he was under arrest and would be transported as soon as we could make arrangements. GARCIA was at the location and I advised GARCIA that she would have to leave at this time. Officer Litch stayed with ROBLES while arrangements were being made to have him transported. CASE STATUS: DA REVIEW ADMINISTRATION FOLLOW-UP YES NO BY OFFICER R.Long 15075 COPIES TO: ❑ PAT ❑ DET DATE/TIME 06101/2007 18:18 DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER APPROVED BY Bryan Reyes 10660 OFFICER . UNITISHIFT ASSIGNED TO DATE APPROVED 06102/07 CASE STATUS • E C] Arrest Y crime Non -Criminal Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CA0331100 CASE # A705P-6270 PAGE Supplemental Report 1 OF 5 OFFENSE(S) OFFENSE(S) coned. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05129107 19:34 Tuesday 05/29/07 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Apartment/Condo CASE SUMMARY NARRATIVE 0705P-6270 VICTIM: COSTELLO, Dave SUSPECT: ROBLES, Roberto On Tuesday, May 29, 2007, 1 responded to assist in the investigation of an officer involved shooting located at M West Mariscal. Upon arrival I made contact with in front of his residence. was a witness to the officer involved shooting, involving suspect ROBLES. voluntarily drove with me to the Palm Springs Police Department to give a statement. I interviewed in interview room #1 at the Palm Springs Police Department. stated that he has lived at the current address for approximately five years. stated that on 05/29/07, he arrived home from work at approximately 1730hrs. stated that he visited his friend who lives in the same complex in apartment said he was at apartment for approximately five to ten minutes when he heard three gun shots. said the gunshots sounded muffled. He said the shots he heard sounded like they were coming from inside an apartment. stated that he walked outside off partment to try to figure out where the gun shots were coming from. said that as he was standing near the pool located in the center of the complex, a subject by the name oMr,l said that the gun shots were coming from apartment #7. stated thavesin apartmentEwhich is FOLLOW-UP YES ❑ NO ADMINI S TRA TION COPIES TO: ❑ PAT. DET ❑ DA COURT ❑ PROBATION VWAP OTHER BY OFFICER R.Long 15075 OFFICER DATEITIME I APPROVED BY 06101/2007 16:47 Bryan Reyes 10660 UNIVSHIFT ASSIGNED TO DATE APPROVED 06102107 CASE STATUS Active Arrest ❑ Palm Springs PD CASE # Crime P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal ❑ CA0331100 PAGE Supplemental Report 2 OF 5 OFFENSE(S) OFFENSE(S) conl'd. DATE, TIME AND DAY OF OCCURENCE 05/29/07 19:34 Tuesday LOCATION OF OCCURENCE LOCATION NAME CASE SUMMARY NARRATIVE #7. =apartment is DATE AND TIME REPORTED 05/29/07 19:34 TYPE OF LOCATION BEAT SECTOR Apartment/Condo - stated that everyone in the apartmLPm*aexsure t coeard the gunshots, came out of their apartments and were standing by the postated that he an� decided to make contact with the residents in they were okay. said Bobby, Aimie live in E WasaidWwere answered the door. He said he did not kno me.said that he asked the female if everything was okay, and she stated that the kaying rough in the back bedroom. He said he heard a lot of commotion and it sounded like someone was going out the back bedroom window. said that it looked like the female subject had blood on the front of her shirt and he became worried. aid that he went home and called 911. stated that several subjects were in his apartment when he called 911. He said he was in the kitchen and there is a glass sliding door facing the pool area. said he saw Bobby, walking south on the sidewalk from the area of apartment a He said he did not see Bobby exit the apartment. f #7 and- #7. stated that he walked out his front door which faces the front parking area of the complex on W. Mariscal, with his friends. said that Bobby was standing near the passenger side of his small white pick-up. He said he asked Bobby if he was okay. - said a female subject named -who lives in apartmenlcame out of her apartment and told him that she had seen Bobby's running out the front of the complex earlier. stated that Bobby was still standing near the passenger side of his pick-up truck, he saw two police officers walking westbound on Mariscal east of the complex. He said Bobby did not see the officers until "basically they were right on top of him." aid ADMINISTRATION FOLLOW-UP COPIES TO: YES ❑ NO ❑ PAT ❑ DET ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER BY OFFICER DATErFIME APPROVED BY DATE APPROVED R. Long 15075 06/01/2007 16:47 Bryan Reyes 10660 06102/07 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Active Arrest 1-1P �' Palm S` Springs PD CASE # Crime X I P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal Ll CA0331100 PAGE Supplemental Report 3 OF 5 OFFENSE(S) I OFFENSE(S) cont'd. DATE, TIME AND DAY OF OCCURENCE 05129/07 19:34 Tuesday LOCATION OF OCCURENCE CASE SUMMARY NARRATIVE DATE AND TIME REPORTED 05129107 19:34 LOCATION NAME TYPE OF LOCATION ApartmentlCondo BEAT ISECTOR he saw the police officers before Bobby did. He said the police officers were yelling "get on the ground". aid he doesn't know if someone pointed Bobby out, but the Officers somehow knew to contact him. He said he could hear the officers' orders clearly. said that Bobby ran from the passenger side of his pick-up truck to the front of the truck. - said that the officers were yelling, "Get down". aid he thought that one of the officers had a taser gun and fired the taser at Bobby, but the prongs hit the truck because Bobby was running. stated that the taser looked like a gun and he thought it was a taser because he heard prongs hit the truck. -said, "I know what a Taser looks like and it was a Taser." I asked to describe the taser and he said it wasn't one of the yellow tasers that you carry. He said it wasn't a gun, and he did not hear gun shots at that time. stated that he and his friends started screaming at Bobby, "Don't run. Don't run". He said he screamed that approximately three times at Bobby. said that Bobb ran towards the front of his pick-up truck and then ran wes oun behind uburban, which was parked just west of Bobby's truck in the parking lot. tated that a gun fell out of Bobby's waistband, hit the pavement and slid into the gutter between the parking lot and the street. He said that Bobby dropped the gun behind his Suburban and he continued running about five or six feet westbound. tated that Bobby turned around to go back and pick up the gun. He said that he saw Bobby going for the gun and Officers shouting at Bobby. stated that one Police Officer went to the front of Bobby's truck and the other Police Officer went to the rear of the truck, going in the direction which Bobby was running. said the Police Officer was yelling, "Get on the ground", "Let me see your hands". He said he heard gun shots and he ran into his apartment. stated, "If I could back the Officers on this one, I will, because in my eyes the Officers tried everything they could to neutralize the situation." stated that prior to Bobby picking up the gun he heard the Police Officers yelling at him, "Don't do it, don't touch it" FOLLOW-UP YES ❑ NO BY OFFICER R.Long 15075 OFFICER A ❑MIINIS TRA T1ON COPIES TO: PAT DET ❑ DA ❑ COURT PROBATION DATERIME APPROVED BY 06/01/2007 16:47 Bryan Reyes 10660 UNIT/SHIFT ASSIGNED TO VWAP OTHER said DATEAPPROVED 06102107 CASE STATUS Active Arrest ❑ Crime 0 Non -Criminal ❑ OFFENSE(S) DATE, TIME AND DAY OF OCCURENCE 05/29/07 19:34 Tuesday LOCATION OF OCCURENCE CASE SUMMARY Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CA0331100 Supplemental Report LOCATIONNAME NARRATIVE the Police Officer had his gun in his hand. OFFENSE(S) cont'd. DATE AND TIME REPORTED 05/29/07 19:34 CASE # 0705P-6270 PAGE 4 OF 5 TYPE OF LOCATION BEAT SECTOR ApartmentlCondo tated that when he heard the gun shots his view was obstructed by his Suburban and that Bobby and the Police Officers were to the rear of the Suburban at this point. said he was standing approximately twenty-four feet from Bobby and the Police Officers, but was standing on a cement platform which was approximately four feet high, which gave him a viewing advantage. stated that he heard three gun shots and he couldn't tell if it was the Officers firing or if it was Bobby firing. said that he, his friend his friend _and his friend all ran into his apartment. He said that as standing near the officers and Bobby when the incident occurred. tated that when he was asking Bobby if he was oka nor to the Police arriving, that Bobby gave him a blank look and never answered him. stated, "It looked like he was spun out on meth." He said that when the Police arrived he could clearly see that they were Police Officers. tated that the police walked up with their weapons drawn. aid Bobby knew they were Police. That's why he ran. aid he could see the Officers in full uniform and could see their badges. aid, "It was obvious they were Police Officers". stated that Bobby moved in with is girlfriend Aimee about six or seven months ago. He said that he has partied with Bobby a couple of times and they drank beer. He said that Bobby has been seen in the past walking around in the apartment complex with his gun in his waistband. stated that somebody in the complex told Bobby not to carry the gun around.= stated he doesn't know why Bobby carried a gun. stated that he had not been drinking or smoking marijuana prior to the incident and that he was sober. He said he has not observed any incidences of domestic violence FOLLOW-UP YES NO ❑ BY OFFICER R. Long 15075 OFFICER ADMINISTRATION COPIES TO: ❑ PAT. ❑ DET. ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER DATE/TIME 06/01 /2007 16:47 UNIT/SHIFT APPROVED BY Bryan Reyes 10660 ASSIGNED TO DATEAPPROVED 06102107 CASE STATUS Active CASE # Arrest ❑ Palm Springs PD Crime Qx P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal CA0331100 PAGE Supplemental Report 5 OF 5 OFFENSE(S) OFFENSE(S) oont'd. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29107 19:34 Tuesday 05/29/07 19:34- LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Apartment/Condo CASE SUMMARY NARRATIVE bby and Aimee. id not observe anything else because the Police ordered him into his apartment. rew out a map of the apartment complex and of the incident that took place, which I booked into evidence. I placed the disc of recorded interview into evidence. CASE STATUS: Investigation Continues ADMINISTRATION )LLOW-UP COPIES TO: YES � NO � � pAT. � DET. [] DA � COURT [] PROBATION � VWAP � OTHER 'OFFICER DATEITIME APPROVED BY DATEAPPROVED Z. Long 15075 06/01/2007 16:47 Bryan Reyes 10660 06102107 'FICER UNIVSHIFT ASSIGNED TO CASE STATUS Active 0 0 11 Arrest ❑ Palm Springs PD CASE # Crime 0 P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal ❑ CA0331100 PAGE Supplemental Report 1 OF 4 OFFENSE(S) I OFFENSE(S) confd. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29/07 19:34 Tuesday 05/29/07 19:34 LOCATION OF OCCURENCE CASE SUMMARY NARRATIVE 0705P-6270 VICTIM: COSTELLO, Dave LOCATION NAME SUSPECT: ROBLES, Roberto TYPE OF LOCATION BEAT I SECTOR ApartmentlCondo On Tuesday, May 29, 2007, 1 responded to assist in the investigation of an officer involved shooting located at JNest Mariscal. Upon arrival I made contact with � in front of residence. was a witness to the officer involved shooting, involving suspect ROBLES. voluntarily drove with me to the Palm Springs Police Department to give a statement. I interviewed � in interview room #1 at the Palm Springs Police Department. -stated that he has lived at the complex for approximately two years. - stated that on 05/29/07, he was in his kitchen cooking when he heard a "pop, pop, pop". -stated that he walked outside of his apartment and was standing near the pool with -stated that =walked outside of his apartment to their location. stated that M told them that it was coming from apartment hN within the complex. said that and nocked on the door of apartment #land made contact with Aimee's mother. stated that he did not know= name. stated that had told him that the female subject sai "at e noise was t e i s ADMINISTRATION FOLLOW-UP COPIES TO: YES NO ❑ ❑ PAT. ❑ DET ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER BY OFFICER DATEITIME APPROVED BY DATE APPROVED R. Long 15075 06/01/2007 17:25 Bryan Reyes 10660 06/02/07 OFFICER UNITISHIFT ASSIGNED TO CASE STATUS A . VA Arrest ❑ Palm Springs PD CASE # Crime P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal ❑ CA0331100 PAGE Sul)plenicntal Report 2 OF 4 OFFENSE(S) OFFENSE(S) conl'd. DATE. TIME AND DAY OF OCCURENCE 05/29/07 19:34 Tuesday DATE AND TIME REPORTED 05/29107 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Apartment/Condo CASE SUMMARY NARRATIVE I in rough. said only Robles, Aimielive at the apartment. stated that of worried becauseIeTem�alesubject had what appeared to be blood on her t-shirt. and the other subjects went back to - said that heCalled apartment and he police. aid that he locked the doors because he was concerned. he saw the male subject who was later identified as ROBLES, walking southbound on the sidewalk in front of apartment He said he did not know ROBLES by name. -stated that he did not see a gun nor did he see ROBLES walk out of apartment #� He said that he, nd the other subjects walked out of the front door of the apartment to the front of the complex. -stated that ROBLES was standing on the passenger side of a small white truck and he thought that ROBLES was trying to get into the truck. He said he saw two Police Officers walking westbound with their guns raised. -stated that the Police Officers appeared from the East side of the complex walking westbound on Mariscal. He said the Police Officers were in full uniform he could see their badges and he could clearly see them from his vantage point. �tated that he was standing approximately 30 to 35 feet away and he was standing on a cement platform which was about four feet high from the parking lot. stated that he made eye contact with the Police Officers and pointed to ROBLES. said at this point the Police Officers started to say "Freeze. Get on the ground." stated that they were totally visible as Police Officers and "the kid knew they were cops". stated that when ROBLES saw the Police he said either "shit" or "fuck". He said ROBLES definitely knew they were Police Officers. aid the two Police Officers had ROBLES at gun point. He stated that ROBLES started to run westbound on Mariscal. He said he heard ROBLES drop the gun. Robles ran a few more feet, stopped and doubled back to pick up the gun. -said, "He stopped ADMINISTRATION FOLLOW-UP YES NO COPIES TO' ❑ PAT. ❑ DET. ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER BY OFFICER R. Long 15075 DATEMME 06/01/2007 17:25 APPROVED BY Bryan Reyes 10660 ASSIGNED TO DATE APPROVED 06102/07 OFFICER UNIT/SHIFT CASE STATUS A('tI VA Arrest ❑ crime 0 Non -Criminal ❑ Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CA0331100 CASE # 0705P-6270 PAGE Supplemental Report 3 OF a OFFENSE(S) OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29/07 19:34 Tuesday 05/29/07 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR ApartmenUCondo I` CASESUMMARY NARRATIVE in his tracks and went right for it". He said he did not see ROBLES drop the gun, but he was the only person there. He said that when ROBLES doubled back, he picked up the gun and ran behind Suburban. �tated that he saw ROBLES pick u the un and that he, nd the other male subjects were yelling, "Put it down." stated he cou not hear if the Police were saying anything to ROBLES because he and his friends were all yelling "Drop the gun and don't do it". aid he heard three shots and he doesn't know if ROBLES fired or the Police Officers fired. aid that at this point he was approximately twenty feet from the incident. rsaide had no obstructed view when ROBLES picked up the gun in his right hand.cribed the gun as silver with wood trim. tated that Officers gave ROBLES plenty of opportunity to drop the gun. - stated, "Yeah, that's why I think he was on drugs or something". aid that the Police Officer wearing glasses yelled at ROBLES to get on the ground very clearly. -stated that he did not see a Police Officer with taser nor did he hear a taser being used at the scene. - stated that he had not been drinking and was sober at the time of the incident. stated that he did not know ROBLES very well. He said ROBLES had moved in about six or seven months ago and he was real quiet. aid he was told by and a subject by the name -who lives in apartment■that ROBLES had a gun in his waistband when he was hanging around the pool area located within the apartment complex about four months ago. escribed ROBLES as a Hispanic male, 5'10", 185lbs, with a goatee and mustache, short black hair and wearing a t-shirt and light brown khaki's at the time of the incident. -stated that he has heard that ROBLES and his girlfriend Aimee Garcia get into it from time to time, but he has never witnessed any domestic violence. stated that approximately three months ago Garcia was dropped off by the Police and her face was A DMINIS TRA TION FOLLOW-UP COPIES TO: YES NO ❑ ❑ PAT ❑ DET ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER BY OFFICER DATEITIME APPROVED BY DATE APPROVED R. Long 15075 06/01/2007 17:25 Bryan Reyes 10660 06/02107 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS AMI". Arrest Palm Springs PD {CASE # Crime P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal [] CA0331100 PAGE 11 Supplemental Report 4 of 4 R OFFENSE(S) OFFENSE(S) confd. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05129/07 19:34 Tuesday 05/29107 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION ApartmentlCondo CASE SUMMARY BEAT ISECTOR NARRATIVE i e bruised._ did not know any further information regarding that incident. r- said he did not see anything else because he was told by the Police to go inside the apartment. I had raw me a map of the apartment complex and where he was standing when he witnessed the incident, which I booked into evidence. I booked copy of the recorded interview with CASE STATUS: Investigation Continues ADMINISTRATION FOLLOW-UP COPIES TO: YES ❑ NO ❑ PAT ❑ DET DA 0 COURT PROBATION VWAP OTHER BY OFFICER DATE/TIME APPROVED BY DATE APPROVED R. Long 15075 06/01/2007 17:25 Bryan Reyes 10660 06102107 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Active • C] • 1 ❑ Palm Springs PD CASE Arrest # Crime FX I P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal CA033 1100 PAGE Supplemental Report 1 of a OFFENSE(S) OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION r +'•.l SECTOR fl ApartmentlCondo CASE SUMMARY NARRATIVE At about 2106 hours on 5/29/2007 Officer Guarino and I responded to= Mariscal at the request of Sgt. Abshire. Upon arriving at the location, Sgt. Abshire requested that we check the residences south of where the incident occurred for possible witnesses. Officer Guarino and I then began checking the condominium complex south of MMariscal. At about 2114 hours on 5/29/2007 Officer Guarino and I began checking the following residences. Mariscal-No answer at the door. Mariscal-No answer at the door. Mariscal-No answer at the door. Mariscal-No answer at the door. At about 2118 hours on 5/29/2007 Officer Guarino and I saw three subjects standin In i e arkin lot near ariscal. We contacted one of the subjects, identified as i" and asked him if he had seen or heard anything around the time of the incident. James said he came home to his residence,- Mariscal, sometime between 1600 and 1700 hours. He said at about 1800 hours (he wasn't certain of the time) he was eating outside on his balcony, by himself, when he heard two gunshots or firecrackers in the area. He said the shots or firecrackers sounded in quick succession, one right after the other. After hearing the shots,Maid he heard what sounded like women screaming and yelling. He said it sounded like more than one woman yelling and screaming. A short time later he heard sirens coming to the location. —said he did not see what the cause of the shots was from and did not see who was yelling. After speaking to —Officer Guarino obtained statements from the other two subjects standing in the parking lot, who live at EMariscal. Refer to Officer Guarino's supplemental report. At about 2133 hours on 5/29/2007 Officer Guarino and I went to �ariscal. As we were attempting contact at the door, a male and female came walking up to the front door. The male and female were identified as nd FOLLOW-UP YES ❑ NO BY OFFICER G. Bucklin 1120 ADMINJS TRA TION COPIES TO: PAT. DET DATErIME 05/30/2007 00:56 UNIT/SHIFT DA COURT APPROVED BY ❑ PROBATION ❑ VWAP D OTHER DATEAPPROVED OFFICER ASSIGNED TO CASE STATUS Palm Springs PD CASE # Arrest crime � � P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal CA0331100 PAGE Supplemental Report 2 OF a OFFENSE(S) OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED LOCATION OF OCCURENCE CASE SUMMARY LOCATION NAME TYPE OF LOCATION Apartment/Condo SECTOR NARRATIVE and they stated they lived at the address, RaiMyMaecen at the movies together and received a telephone call from their daughter who was at home alone. _told them that something had happened in the neighborhood and the police were at the location. then drove home. Officer Guarino and I then spoke to at the fr sidence. said she was at home, alone, at about 1900 hours on 5/29/2007. She said she was talking to her friend on the phone when she heard what sounded like 3-4 gunshots or firecrackers in the area. -looked outside, but didn't see or hear anything else. - said she stayed inside her residence and about 3-4 minutes later heard what sounded like two more gunshots. This time she didn't look outside. She said a short time later, however, she heard sirens driving up to the location. _said she did not see anything of what had occurred, she only heard what sounded like gunshots. After speaking to Officer Guarino and I began again to check other residences. We checked the following residences. Mariscal-No answer at the door. Mariscal-No answer at the door. While checking door to door we saw a female walkin her dog in the complex. The female, identified as stated she lives at =Mariscal. said she arrived home after the incident occurred and did not see, or hear, what happened. At about 2157 hours on 5/29/2007 Officer Guarino and I made contact at 375 Mariscal spoke to the female at the location, identified aswhile Officer Guarino spoke to the male subject, identified as id she was inside her residence, unknown time, when she hear w at RWOed like twgunshots in quick succession. She said _told her to stay inside and _ went out to check on FOLLOW-UP YES ❑ NO BY OFFICER G. Bucklin 1120 ADMINISTRATION TO: ❑ PAT 0 DET ❑ DA ^DATE/TIME APPROVED BY 05/30/2007 00:56 ❑ COURT PROBATION VWAP OTHER DATE APPROVED OFFICER UNIT/SHIFT I ASSIGNED TO CASE STATUS Palm Springs PD CASE # Arrest crime 0 P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal CA0331100 PAGE Supplemental Report 3 OF a OFFENSE(S) OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED LOCATION OF OCCURENCE f LOCATION NAME TYPE OF LOCATION BEAT SECTOR +I Apartment/Condo CASE SUMMARY NARRATIVE what had happened. aid she didn't see what happened, but after hearing the shots, heard people yelling. She said she couldn't tell what the persons were yelling about. After speaking to - Officer Guarino and I attempted contact at ■ Mariscal, but got no answer at the front door. At about 2324 hours on 5/29/2007 Sgt. Crager telephoned me and requested that I assist in contacting additional witnesses. Sgt. Crager asked me to contact a subject named Min apartment Mat =Mariscal Road to obtain his statement. He also requested that I contact, and obtain a statement from a subject named _also in apartment At about 2340 hours I went to apartment Mat 366 Mariscal and contacted at the location. I interviewed W at the front door of his apartment. =told me the followin igaid this evening he was inside his apartment with three of his friends and a friend of�he knows only by the street name of He said while in the apartment he heard what sounded like two guns ots,"nqucsuccession, coming from east of his apartment. He said there was about a one to two second pause and he heard another shot, also from the area east of his apartment. After hearing the shots, he said everyone in the apartment complex walked outside of their apartments and began talking about what they had heard. He said everyone believed the shots came from the east side of the apartment complex, but they didn't know where. He said no one seigto know what had ha ened. said he then went to im apartment, apartmemmn the complex, and = called the police regarding the shots. Maid about 10-15 minutes later he had returned to his own apartment when he heard a "commotion" at the front of the complex. He also said he saw lights near the front of the complex and believed the police had arrived by this time. During the "commotion" M heard what sounded like the police giving commands to someone. He said he heard something similar to 'freeze' and 'get down', but he wasn't sure exactly what he had heard. After hearing this he heard what sounded like two gunshots. He was pretty sure he only heard two shots, but said it could have been three. After hearing ADMINISTRATION ,FOLLOW-UP YES ❑ NO COPIES TO: PAT DIET. DA COURT PROBATION VWAP OTHER BY OFFICER G. Bucklin 1120 DATEMME 05/30/2007 00:56 APPROVED BY DATE APPROVED OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Arrest ❑ Crime ❑x Non -Criminal ❑ OFFENSE(S) DATE, TIME AND DAY OF OCCURENCE LOCATION OF OCCURENCE CASE SUMMARY Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CA0331100 Supplemental Report OFFENSE(S) cont'd. DATE AND TIME REPORTED CASE # 0705P-6270 PAGE 4 OF 4 LOCATION NAME TYPE OF LOCATION BEAT SECTOR ApartmentlCondo NARRATIVE the shots, -saw =and he could see_nras upset because his face appeared to be pale. He said =told him to get into his apartment and -went right inside his own apartment and shut the door. said he never saw anyone with a gun and had no idea who was doing the shooting. He said he only heard the gunshots. He said he later talked to wand it was believed that a neighbor, who he believes is named Robert, was shooting a gun in the complex. Maid he doesn't know Robert, but has seen him in the complex before. He said Robert pretty much kept to himself._said he had no further information regarding the incident. A DMiNIS TRA TION FOLLOW-UP COPIES TO: YES ❑ NO ❑ PAT. ❑ DET. ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER BY OFFICER DATEMME APPROVED BY DATE APPROVED G. Bucklin 1120 05/3012007 00:56 OFFICER UNITISHIFT ASSIGNED TO CASE STATUS C7 • • Arrest Fx-; Palm Springs PD Crime P.O. Box 1830, Palm Springs, California 92263 Non -Criminal CA0331100 OFFENSE(S) 245(D)(1) PC; Assault W/Firearm On Peace Officer/Firefighter; Fel. DATE, TIME AND DAY OF OCCURENCE 05/29/07 19:34 Tuesday LOCATION OF OCCURENCE 3EMariscal Rd, Palm Springs CASESUMMARY Witness Interview NARRATIVE Details: LOCATION NAME mental Report OFFENSE(S) coned. DATE AND TIME REPORTED 05/29107 19:34 CASE # 0705P-6270 PAGE 1 OF 3 TYPE OF LOCATION BEAT SECTOR Apartment/Condo I ND I T26 On 6/2/07, about 1130 hours, I was requested by Sgt Reyes to assist Detective Long in the interview of witnesses in this investigation. Detective Long requested that I attempt to contact a male subject known only as I ho lives at 3110 Mariscal,■ Palm Springs, and Yannick Peltier who lives in apartment in the same complex. On 6/2/07, about 1210 hours, I arrived atmmariscal and Detective Long briefed me on the circumstances involving the investigation. About 1215 hours, I went to apartment Wnd knocked on the door. After several minutes �f knocking, I received no answer. I later learned from speaking to Yannick Peltier that the resident that lives in Nis Leon Stevens, and he works as a bartender a restaurant in Palm Springs. About 1220 hours I s oke to at his apartment. I audio -recorded my conversation with WW It should be noted that the tape recorder that I was using was malfunctioning and I had to hold the "record" button down the entire time I was recording. It is unknown if I obtained one continuous recording of the conversation. The following is a summary of �tatement to me: _said on Tuesday, 5/29/07, about 1830 hours,_was inside his residence. He heard three (3) gunshots emanating from somewhere in his apartment complex. _said he went outside to see what had happened._said he met up with another tenant named They walked to the front of the complex by the parking lot. They talked there for about "five minutes" and _went back into his apartment. said he came outside of his apartment about "five minutes" later and learned that ad gone to apartment #nto ask about the previous gunshots. Peltier said he went back out to the front of the apartment complex by the parking lot, in front of apartment= He saw tanding on the raised sidewalk area. - ADMINISTRATION FOLLOW-UP YES F1 NO COPIES TO. D PAT DET. DA COURT PROBATION VWAP OTHER BY OFFICER DATE/TIME APPROVED BY DATE APPROVED M. Studer 10989 06103/2007 14:52 Mark Stafford 10381 06/03/07 OFFICER UNIT/SHIFT ASSIGNEDTO CASE STATUS Active Arrest 0 Palm Springs PD Crime P.O. Box 1830, Palm Springs, California 92263 Non -Criminal CA0331100 Sur OFFENSE(S) 245(D)(1) PC; Assault W/Firearm On Peace Officer/Firefighter; Fel. DATE, TIME AND DAY OF OCCURENCE 05/29/07 19:34 Tuesday LOCATION OF OCCURENCE 366 Mariscal Rd, Palm Springs CASE SUMMARY Witness Interview LOCATION NAME ental Report I OFFENSE(S) conl'd DATE AND TIME REPORTED 05/29/07 19:34 CASE # 0705P-6270 PAGE 2 OF 3 TYPE OF LOCATION BEAT SECTOR Apartment/Condo I ND T26 NARRATIVE heard ay that she did not hear any gunshots, and that the "children were rough ousing an she didn't know what was going on. _said he saw "Bobby" come to the parking lot area_said he knows "Bobby" as a tenant of the apartment complex and that "Bobby" lives in apartment #M said he saw "Bobby" "trying to get into the passenger side of his truck". _said there were several other people standing there with him when he asked Bobby "what was going on"� said that Bobby replied, "Nothing".� said that it was at this time the two police officers arrived and were walking towards "Bobby" from the east. �I _ said he heard the officers yelling at Bobby to put his hands up and to "get down on M und"aid that Bobby "ran around his truck" to the west side of the truck. said he was standing "about ten feet away"� said he saw a "chrome and black, twenty-two handgun" fall out of the right side of his waist.�aid Bobby was "two steps ahead" of the gun that was on the ground._said "Bobby turned around" and he saw Bobby pick up the gun from the ground. I asked = how he knew the handgun that had fallen was a .22 caliber= said, "By the size" and that he had learned about guns from his father. _ said he heard both officers "yelling" at Bobby to "drop the gun, drop the gun". At this point, -turned towards the east and ran towards cover around a corner at the entrance to the apartment complex. said he thinks he heard three (3) gunshots. He said he did not see which officer fired his weapon. said he returned to where he had been standing and he saw "Bobby" was lying on the ground. I asked _if he had an unobstructed view of the gun falling from Bobby's waist and of Bobby picking up the gun replied, "Absolutely!" FOLLOW-UP YES ❑ NO ❑ BY OFFICER M. Studer 10989 A DMINIS TRA TI aN :)PIES TO: El PAT DET ❑ DA ❑ COURT PROBATION VWAP 11 OTHER DATEMME APPROVED BY 06/03/2007 14:52 Mark Stafford 10381 DATEAPPROVED 06/03/07 CASE STATUS Active OFFICER IUNITISHIFF IASSIGNED TO Arrest 0 Palm Springs PD Crime P.O. Box 1830, Palm Springs, California 92263 Non -Criminal [� CA0331100 Supplemental Report OFFENSE(S) OFFENSE(S) cont'd 245(D)(1) PC; Assault W/Firearm On Peace Officer/Firefighter; Fel. DATE, TIME AND DAY OF OCCURENCE 05/29/07 19:34 Tuesday LOCATION OF OCCURENCE 3M Mariscal Rd, Palm Springs CASE SUMMARY Witness Interview NARRATIVE DATE AND TIME REPORTED � 05129107 19:34 LOCATION NAME TYF t OF LOCATION Apartment/Condo CASE # 0705P-6270 PAGE 3 OF 3 EAT SECTOR ND I T26 =said, "The police officers were just protecting themselves". I returned to the Palm Springs Police station and booked the audio -tape into evidence locker #005. ADMI]VISTRA TION, rOLLOW-UP COPIES TO: YES NO r PAT. DET 0 DA COURT 11 PROBATION VWAP OTHER BY OFFICER DATEMME APPROVED BY DATE APPROVED M. Studer 10989 06/03/2007 14:52 Mark Stafford 10381 06/03/07 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Active a....,_ t _cr...io/>I noea c.,.e_va ti... �.�:..�.....� o...�-_ ..,,,.- .,, _.. „� „..,... ., • .. ,•, ... .., ., Arrest 0 Palm Springs PD Crime ❑ P.O. Box 1830, Palm Springs, California 92263 Non -Criminal CA0331100 Supplemental Report OFFENSE(S) I OFFENSE(S) coned DATE, TIME AND DAY OF OCCURENCE LOCATION OF OCCURENCE CASE SUMMARY NARRATIVE DATE AND TIME REPORTED -1 LOCATION NAME TYPE OF LOCATION ApartmentlCondo CASE # 0705P-6270 PAGE 1 OF 2 BEAT ISECTOR On Saturday, June 02, 2007 at approximately 1243 hours, I contacted via telephone, to interview him about the incident. I explained to that PSPD needed clarification on his original statement and agreed to answer any questions that I had. confirmed that he heard two shots dunni the incident. Id me that he was "approximately 30 yards west" of the incident said that "the suspect was running back and forth near some vehicles and appeared to have nowhere to go." - said that he then lost sight of the suspect as the suspect appeared to have got down behind a vehicle. -stated that he "heard the officer say 'Don't go for that weapon! Don't go for that weapon! Put that weapon down!" and then he heard two gun shots "bam, bam." -stated that he could not see the sus act after he had ducked down behind a vehicle, nor could he see a weaponstated that he just heard the officer's commands and saw the officers pointing their guns down. said that after the shots he heard the officers state "stay down, don't move, relax." - said that a blonde female came running down the street towards the officers while "they were waiting for back up" and they "handcuffed her and put her down on the ground, and it appeared that she had something to do with the suspect." I asked�if he wears any kind of corrective lenses (glasses or contact lenses). _told me he did and stated that he was wearing them at the time of the incident. I contacted Mariscal Rd. at approximately 1700 hours. -told me that she did not see the incident, only saw the road blocked when she came home on the night of May 29. told me that approximately 3 to 4 weeks prior she had seen a male walking from where the incident had happened, and she pointed to the area of 366 Mariscal, towards her complex. told me that the male walked quickly, yelling at something and "acting crazy." stated that the male was holding a long "rifle or shotgun" type gun. -described the male as a Hispanic male, approximately 5'6", thin, "haggard loo�(messy "poofy" hair, possible goatee or unshaved face) and baggy clothing. tated that she may be able to recognize the male should she see a photograph of FOELOW-UP YES NO BY OFFICER M. Litch 15492 ADMINISTRATION COPIES TO: ❑ PAT ❑ DET DATE/TIME 06/02/2007 21:12 DA COURT PROBATION VWAP OTHER APPROVED BY Mark Stafford 10381 ASSIGNED TO DATE APPROVED 06/03/07 CASE STATUS OFFICER Arrest X Palm Springs PD CASE # Crime [_H P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal CA0331100 PAGE J Supplemental Report 2 of 2 OFFENSE(S) OFFENSE(S) coned DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION SEAT SECTOR Apartment/Condo CASE SUMMARY NARRATIVE him but was not sure. I attempted to contact Mariscal Rd. and a male name�at 366 Mariscal Rd= however was unable to contact them. ADMINISTRATION FOLLOW-UP YES NO COPIES TO: PAT. DET. ❑ DA 11 COURT PROBATION ❑ VWAP ❑ OTHER BY OFFICER DATEMME APPROVED BY DATE APPROVED M. Litch 15492 06/02/2007 21:12 Mark Stafford 10381 06103/07 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS 11 • Arrest' Palm Springs PD CASE # Crime _� P.O. Box 1830, Palm Springs, California 92263 0705P-6270 Non -Criminal CA0331100 PAGE Supplemental Report 1 OF 3 OFFENSE(S) I OFFENSE(S) coned DATE, TIME AND DAY OF OCCURENCE 05/29/07 19:34 Tuesday LOCATION OF OCCURENCE CASE SUMMARY I NARRATIVE SUPPLEMENTAL REPORT 0705P-6270 LOCATION NAME DATE AND TIME REPORTED 05129107 19:34 TYPE OF LOCATION BEAT I SECTOR ApartmentlCondo On Saturday, 6/2/07, 1 made contact with at his residence reference an Officer involved shooting that occurred on 5/29/07. lives at the same apartment complex that suspect, Roberto Robles, lives. Stated that he was not real comfortable talking to the police, but he wanted the truth to be told regarding the shooting. M=said on 5/29/07, he heard what he thought was two to three gunshots at a close proximity. said he wasn't sure where the shots were coming from so he went outside his apartment to find out what was going on. maid everyone else in the apartment complex heard the shots also and they were all standing near the pool in the center of the complex. - said after talking to some neighbors, he decided to return to his apartment. aid he was walking east bound from the southwest side of the pool. As was walking back to his apartment, he observed Robles coming from the east side of apartment Walking between apartments said he saw Robles about three to four minutes after he heard the gunshots. _ said Robles was walking very quickly. maid he ,FOLLOW-UP YES NO BY OFFICER R.Long 15075 OFFICER A DMINIS TRA TIM COPIES TO: PAT DET DATE/TIME 06/04/2007 08:03 UNIT/SHIFT DA COURT APPROVED BY Bryan Reyes 10660 ASSIGNED TO PROBATION VWAP OTHER DATE APPROVED 06/04/07 CASE STATUS Inactive i Arrest 0 Crime El Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CASE # 0705P-6270 Non -Criminal CA0331100 PAGE Supplemental Report , 2 OF 3 OFFENSE(S) OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29/07 19:34 Tuesday 05/29107 19:34 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Apartment/Condo CASE SUMMARY NARRATIVE said hello to Robles and Robles said hello in return, but didn't make eye contact with him. _said Robles turned south to the front parking lot of the complex. aid Robles was walking so fast that by the time he reached the same corner that Robles turned on, Robles had already exited the front gate. _said he did not see Robles with a gun at that time. _said he went back into his apartment and a short time later he heard, "Get down on the ground. Don't move" _said he peaked out his front window through the mini -blinds which faces south into the front parking lot. _said he was peaking through the mini -blinds because he didn't want the police to see him. _said he didn't want to get involved, but he knew that telling the truth was the right thing to do. _said he saw three police officers with their guns drawn. _said he could hear the police officers clearly from inside his apartment. -said the police officers were in full uniform and he could see their uniforms, badges, and patches on their uniform. _ said the police were yelling at someone, but he could not see who they were yelling at. - said his view was obstructed to the west of his apartment. aid he heard more yelling and than he heard two to three gun shots which sounded like "pop." _said he told his girlfriend to et on the ground and he also moved away from the window to get on the ground. said the next thing he saw was "Bobby being put on a stretcher." said Robles had moved into the complex about six months ago. _ said Robles moved in with Garcia, but Garcia had already been living at the complex. _ said when Robles first moved in, he observed him in the front parking lot putting a handgun in his waistband. _does not know why Robles carried a handgun, but said he hung out with the "wrong" crowd. _ had not seen Robles with a gun since then. said Robles has hung out with him by the pool a couple of time, but he didn't know him very well. _said Robles would only drink about one beer when they hung out. said Robles is extremely shy and he could not believe he would point a gun at police. I spoke to - at her residence. is said on FbLLOW-UP YES R NO BY OFFICER R.Long 15075 ADMINISTRATION COPIES TO: ❑ PAT ❑ DET ❑ DA COURT PROBATION ❑ VWAP OTHER DATE/TIME APPROVED BY 06/04/2007 08:03 Bryan Reyes 10660 UNIT/SHIFT ASSIGNED TO DATE APPROVED 06/04/07 CASE STATUS Inactive OFFICER Arrest E Palm Springs PD Crime ❑ P.O. Box 1830, Palm Springs, California 92263 Non -Criminal ❑ CA0331100 Supplemental Report OFFENSE(S) I OFFENSE(S) coned. DATE, TIME AND DAY OF OCCURENCE 05/29107 19:34 Tuesday LOCATION OF OCCURENCE LOCATION NAME CASESUMMARY NARRATIVE DATE AND TIME REPORTED 05129107 19:34 CASE # 0705P-6270 PAGE 3 OF 3 TYPE OF LOCATION T SECTOR ApartmentlCondo 5/29/07, she was in her kitchen cooking dinner. -said she heard three gunshots in succession. said the gunshots were at a close distance because she was inside her residence and was playing a video game which was on very loud and she still heard the gunshots clearly. - said she immediately went to the window facing south towards W. Mirascal. said she saw a female coming from the east running in full stride westbound on W. Mirascal. -said originally, she did not know it was Garcia, but when she saw Garcia getting taken by the police, she noticed it was the same female that she saw running. described Garcia as being a blond female wearing gray sweats and a white t-shirt. I asked�i if Garcia was jogging like she was exercising and she said no. said it appeared that Garcia was running at full speed away hing. -said she thought Garcia was running from the %gunshots. aid she doesn't know where Garcia was coming from because she never heard the gate open going to the street. The gate is located next to apartment. She said it very loud and she often hears it open and close. aid Garcia did not have time to get to where she saw her running after she heard the gunshots. said a short time later she heard two more gunshots. aid she observed two police officers west of her kitchen about twenty feet away in the front parking lot. said she didn't see anything else because her view was obstructed by vehicles and blinds in the window. aid she has not heard gunshots in her complex before. said she has not seen Robles or Garcia with a gun before. partment is the far south east apartment. The window �1 as looking out of was on the southwest side of the apartment. -was looking out the east side of the window. The window has horizontal mini -blinds in it. The window was looking out is on the southeast side of the apartment. This window has vertical blinds in it. rOLLOWl7P YES NO BY OFFICER R.Long 15075 OFFICER ADMINISTRATION COPIES TO: PAT. El DET. ❑ DA ❑ COURT ❑ PROBATION VWAP OTHER DATETIME APPROVED BY DATEAPPROVED 06/0412007 08:03 Bryan Reyes 10660 06104/07 UNIT/SHIFT ASSIGNED TO CASE STATUS Inactive PALM SPRINGS POLICE DEPARTMENT - 3311 Fag: of 116 PI�FTING OFFICER ID. NO. [ATE ��117 DR NO. F L �'�j i v � .5/361I 0 ❑ CRIME REPORT (CONI) ❑ EVIDENCE/PROPERTY (CONL) 116 SUPLEMENTAL TO ❑ VICTIMiLMTNESS STATEMENT ❑ SUPPLEMENTAL REPORT STATEMENT OF RIGHTS As a peace officer, I hereby inform you that: 1) You have the right to remain silent. 2) Anything you say, can and will be used against you in a court of law. 3) You have the right to talk to an attorney and have him present with you while you are being questioned at this or any subsequent interview. 4) If you cannot afford to hire an attorney, one will be appointed to represent you before any questioning, if you wish one. I have read and understand the above mentioned constitutional rights that are guaranteed to me, and agree to continue with this interview without any threats or promises having been made to me. SIGNED /LIZ. DATE %3 6 / o TIME WITNESS 119 SUBMITTED BY: ` /�, 120 SUPERVISOR APPROVING ID. NO. DATE 121 TYPED BY: DATE ❑ VICTIM ❑ WITNESS ❑OTHER (� 122 FOR STATEMENT USE ONLY SIGNED ON (DATEJTIME) (CITY) CALIFORNIA JD ,7 SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVRSIDE DECLARATION IN SUPPORT OF EXAMINATION OF BAIL (Penal Code, §§ 1275, 1275.1, and 1269c PC) THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff R06L S , iZ DY3G M Defendant (s) Booking Number: Q �Q � Scheduled Bail: $ 5 Requested Bail: $ r The undersigned declares: L O N J (print name), that he/,,Qo is a peace officer, employed by i N 0� s, The above named subject was arrested on (3 � j (date) at for one or more bailable felony offense(s), to wit: a) 1�� r✓, f�C' SD,, AM/PM [ l 1269 c PC: The undersigned has reasonable cause to believed that the amount of bail set forth in the Schedule of Bail for such offense(s) is insufficient to assure defendant's appearance [or to assure the protection of the alleged ;victim(s) of a violent crime or his/her family member(s).`Jhe facts and circumstances in support of this belief are as follows: (or see attached) [ ] 1275/1275.1 PC: The undersigned, has probable cause to believe any source of bail money to have been feloniously obtained and requests arrestee not be released on bail until appearing in court to show the non -felonious source of any bail money. The facts and circurstances in support of this belief are as follows: (or see attached) ] Wherefore, declarant requests that this Honorable Court order setting of a higher bail, to wit, [ ] Wherefore, declarant requests that in order that defendant not be released on bail except after a hearing before a judge pursuant to sections 1275 ad 1275.1 of the Penal Code. I declai i u d r the penalty of perjury that the foregoing is true. this Executed at �� f'�1 t~ �� j Pl��, California, on day of at T ) _(time). • s C] SUPr O W'J§ R01 EjSIrpRNIA MAY 3 0120 7 .. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA WARRANT NO. SEARC14 WARRANT AND AFFIDAVIT (AFFIDAVIT) Detective Frank Browninp_ swears under oath that the facts expressed (Name of Affiant) by him/her in this Search Warrant and Affidavit and in the attached and incorporated statement of probable cause are true and that based thereon he/she has probable cause to believe and does believe that the property and/or person described below is lawfully seizable pursuant to Penal Code Section 1524, as indicated below, and is now located at the locations set forth below. I erefore, affiant requests that this Search Warrant be issued. HOBBS SEALING REQUESTED: [ ]YES [X]NO (ignaturcgf Affiant) NIGHT SEARCH REQUESTED: [X]YES [ ]NO (SEARCH WARRANT) THE PEOPLE OF THE STATE OF CALIFORNIA TO ANY SHERIFF, POLICE OFFICER, OR PEACE OFFICER IN THE COUNTY OF RIVERSIDE: proof by affidavit having been made before me by Frank Browning (Name of Affiant) that there is probable cause to believe that the property and/or person described herein may be found at the locations set forth herein and is lawfully seizable pursuant to Penal Code Section 1524 as indicated below by "x" (s) in that: ❑ property was stolen or embezzled; ® property or things were used as the means of committing a felony; ® property or things are in the possession of any person with the intent to use them as a means of committing a public offense, or in the possession of another to whom he or she may have delivered them for the purpose of concealing them or preventing their being discovered; ® property or things to be seized consist of any item or constitute any evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony; ❑ property or things to be seized consist of evidence that tends to show that sexual exploitation of a child, in violation of Section 311.3, or possession of matter depicting sexual conduct of a person under the age of 18 years, in violation of Section 311.11, has occurred or is occurring; YOU ARE THEREFORE COMMANDED TO SEARCH �ariscal Rd. ■ Palm Springs, CA. 92262. The property is further described as a single story bungalow style apartment residence. The lower half of the bungalow is a brown in color with the upper half being light brown with a light brown trim and rock style roofing. The outside address to the complex is listed in 6-inch letters light brown in color and located on an awning above the main entrance of the complex. Bungalow #§is further identified by a light brown in color #six inches long located near the sliding glass door which leads to the living room area of the residence. And including all rooms, attics, basements and other parts within 0 Mariscal Rd. #1 Palm Springs, CA. 92262, and all garages, trash containers, and storage area designated for the use of =Mariscal Rd. Aor for 2 which keys to garages, trash containers, and storage area are found at the premises to be searched, or in the possession of the occupants of the premises, and vehicle described as follows: Make: Toyota Model: Pick -Up Color: White CA. Lic. No IN: Make: Toyota Model: Supra Color: Maroon CA. Lic. No VIN FOR THE FOLLOWING PROPERTY: 1. Firearms 2. Ammunition 3. Articles associated with firearms to include but not limited to gun holsters, gun magazine clips, etc. 4. Any documents related to the purchase or possession of firearms. Articles of personal property tending to establish the identity of persons in control of the premised, vehicles, storage areas and containers being searched, including utility company receipts, rent receipts, addressed envelopes and keys. AND TO SEIZE IT IF FOUND and bring it forthwith before me, or this court, at the courthouse of this court. This Search Warrant and incorporated Affidavit was sworn to as true and subscribed before me thJ0 day of �, 20e, at a-1 ./P.M. Wherefore, I find probable cause for the issuance of the Search Warrant and do issue it. � r y , HOBBS SEALING APPROVED: [ ] YES [ ] NO (Signature of MagistrKtA NIGHT SEARCH APPROVED: [X] YES [ ] NO Judge of the Superior Court, Desert Judicial District � v IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA MVL00% COURT OF THE DESERT JUDICIAL DISTRICT ATTACHMENT NO. A AFFIANT'S DECLARATION F U L E SEIPERIO�ii §T QF j ALIFQRNIh CO r Q RIIYE Slott AFFIANT' S NAME: Frank Browning _ID# 11051 MAY 3 0 2007 OCCUPATION: Police Officer NCB Y S: 7 ASSIGNMENT: Detective DEPARTMENT EMPLOYED BY: Palm Springs Police Department I have been a peace officer for the Palm Springs Police Department for approximately 7 years and currently assigned to the Crimes Against Persons Unit. Prior to being assigned to the Crimes Against Persons Unit I was promoted to the rank of Field Training Officer (FTO), a position I held for approximately three years. I trained other police officers in the area of criminal investigations including robbery, kidnapping and other related offenses. I was a Federal Police Officer with the Department of Defense for approximately 1 %2 years. I was also in the United States Air Force for approximately four years and in the Air Force Reserves for approximately 5 years with all years in the law enforcement career field. I graduated from the Riverside County Sheriffs Academy where I obtained a basic POST (Peace Officers Standards in Training) certificate. The basic training courses consisted of 814 hours of instruction, which covered a wide variety of criminal investigations including homicides, rapes, robberies, child abuse, gangs, elder abuse, domestic violence, and other assaults. I have obtained numerous hours in training by other law enforcement institutions as it relates to law enforcement and accredited to P.O.S.T. I have also obtained my Advance certificate of training by P.O.S.T. I have completed interview and interrogation courses, homicide investigation, and criminal investigation courses. These courses also contained instruction on how to investigate robberies amongst other crimes. I have received over 30 hours of instruction in crime scene investigation and fingerprint specialized techniques. I hold Associate Degrees in Fire Science and Criminal Justice from Solano Community College. I possess a Bachelors Degree in Criminal Justice from Chapman University, Orange California.; and a Masters Degree in Business Management from the University Of Redlands School Of Business, Redlands California. I have been assigned in excess of one thousand cases while working in the capacity of a Patrol Officer and Crimes Against Persons Investigator. These investigations include homicides, robberies, rapes, assaults against persons, elder abuse, drugs sales and drug possession, child physical and sexual abuse. Numerous defendants have been arrested and convicted as a result of those investigations. J� IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA COURT OF THE DESERT JUDICIAL DISTRICT Your affiant received information as follows: 5/29/07 at 1937hrs: Officer Dave Costello was dispatched to MMariscal Rd. for a report of approximately three shots fired from the rear of unit AN Upon Officer Costello's arrival he contacted Roberto Robles in the south parking lot of the complex between two vehicles. Our preliminary investigation shows that Officer Costello shot at Robles at least twice with at least one bullet striking Robles after Robles pointed a handgun at him. Officers Araiza and Sgt. Abshire arrived on scene and subsequently took Robles into custody. Located within one foot of Robles was a semi -automatic handgun which was loaded with ammunition. I was notified of the incident at approximately 1942 hours and responded to M Mariscal Rd. Upon my arrival I spoke with Sgt. Abshire who gave me the above listed information. He further stated that Officer Williams was in bungalow where he remained after conducting a safety sweep of the residence for any potential victims and or suspects. I spoke with Officer Williams who was still in bungalow a Officer Williams told me he arrive on scene shortly after Robles was taken into custody and was instructed by Officer Beckert to conduct a safety sweep of Robles' residence, which is bungalow M Officer Williams stated that he, Officer Dougherty, and Officer B. Judd were escorted to 0 by the owner of the bungalow, and conducted a safety sweep of #M Officer Williams told me that he heard loud music coming from a locked bedroom (Robles' bedroom) and forced entry to insure no one was injured inside. After conducting their protective sweep Officer Williams stood inside the residence awaiting my arrival. In looking into Robles' bedroom I could see at least five yellow shotgun shells in plain view, with at least two laying on top of the bed which appeared to have been fired. I also saw three small caliber ammunition rounds on an end table located near the entrance of the room. The ammunition was similar to size and color of those found inside of the handgun in which Robles was reported to be in possession of. I then spoke with - in the south parking lot of the complex. old me that she was inside the kitchen of her residence (which is a two bedroom residence with 1 '/Z bathrooms, a living room, kitchen and dining area) when she heard what sounded like Garcia) and Robles wrestling in their bedroom. told me that Garcia and Robles have a live-in dating relationship with one another. stated she heard Garcia screaming, but she could not make out what she was screaming and thought that Garcia and Robles were playing with each other. � then heard what sounded like two loud "bangs" or "thuds" coming from Robles' room. �efused to state that she heard "gunshots" and insisted that they were loud bangs. did not hear Garcia screaming after the loud bang noise. I asked -if she or Robles had any firearms in her residence and she stated yes. mold me that she has a "toy gun" and that she knows Robles to have a handgun and a short rifle style gun�old me that the white pick-up truck parked in the south parking lot belonged to Robles' father however, both Robles and Garcia drive it; and that the maroon Toyota Supra belonged to Aimie Garcia, however Robles also drives it. I will be searching for the following items: All types of firearms, firearm ammunition, articles r;P IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA COURT OF THE DESERT JUDICIAL DISTRICT associated with firearms to include but not limited to gun holsters, gun magazine clips, etc, and any documents related to the purchase and or possession of firearms. Furthermore, my training and experience indicates that persons in control of premises leave evidence of their identification in areas such as vehicles, storage areas and containers being searched, including utility company receipts, rent receipts, addressed envelopes and keys. Based on the aforementioned information and investigation, I believe grounds for the issuance of a search warrant exist as set forth in Penal Code Section 1524. Therefore, I pray that a Search Warrant be issued for the aforementioned property. Under penalty of perjury, I declare the above information is true and correct. Fra.& browning ID#11051 IN THE SUPERIOR COURT OF THE DESERT JUDICIAL DISTRICT COUNTY OF RIVERSIDE, STATE OF CALIFORNIA RETURN TO SEARCH WARRANT No. ISW6296 On May 30, 2007 I conducted a search pursuant to Search Warrant 9ISW6296 dated May 30, 2007, issued by the Honorable Judge Harold Hopp, Judge of the Superior Court of Riverside County, Desert Branch, State of California, and search the listed locations: lWariscal Rd. #1 Palm Springs, CA. 92262; Toyota Pick -Up truck bearing California license plate -Toyota Supra bearing California license plate - I, Frank J. Browning Jr, by whom this Warrant was executed, do swear that the below inventory contains a true and detailed account of all the property taken by me under the Warrant. Seized the Items* ❑ described in the attached and incorporated inventory. ® described below: 1. 15570-12 Two "Federal 7 %2 7/8 oz 2/l/2 DRAM" 20 gauge shotgun casings 2. 15570-13 One "Winchester Super X 3B" 20 gauge shotgun cartridge 3. 15570-14 Three "C" cartridges 4. 15570-15 One box of CC[ 22 Long Rifle Stinger Ammunition containing 22 "C" cartridges 5. 15570-16 One "Winchester Super X 3B" 20 gauge shotgun cartridge and one "Federal 7 Y� 7/8 oz 2/1/2 DRAM" 20 gauge cartridge 6. 15570-17 One box of Winchester 22 long rifle ammo containing 18 "Super X" cartridges 7. 15570-18 Black holster 8. 15570-19 One "Winchester Super X 3B" 20 gauge shotgun cartrid e 9. 15570-20 Winchester, Defender, 20 gauge pump shotgun, 10. 15570-21 One "Federal 7 '/2 7/8 oz 2 % DRAM" 20 gauge shotgun cartridge, One "Winchester Super X 3B" 20 gauge cartridge, One Winchester 20 gauge casing 11. 15570-22 One "Winchester Super X 3B" 20 gauge casing 12. 15570-23 Box of "Remington .22 Golden Bullet" cartridges containing 95 "REM" cartridges 13. 15570-24 Two gun cleaning kits 14. 15570-28 Large, blue marijuana pipe 15. 15570-30 Indicia: CDL Roberto Robles, photos, pay stub, ID bracelet, and checkbook I further swear that this is a true and detailed account of all the property taken by me pursuant to the search warrant, and pursuant to Penal Code Sections 1528 and 1536 this property will be retained in my custody, subject to the order of this court or of any other court in which the offense in respect to which the seized operty is triable. Affiant rat rowuing Jr. Sworn to and Subscribed before me this day of , at A.M. / P.M. (Signature of Magistrate) Judge of the Superior Court of California, County of Riverside, Desert Judicial District. (Magistrate's Printed Name) Arrest 0 Palm Springs PD CASE# Crime ElP.O. Box 1830, Springs, Palm S rin s California 92263 0705P-6296 CA0331100 PAGE Non -Criminal ❑ CR-1 1 OFFENSE(S) OFFENSE(S) cont'd. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED MORE CHARGES ESTIMATED LOSS VALUE 05129/07 19:41 Tuesday 05129107 19:41 YES NO _ . LX LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEATSECTOR �ariscal Rd, Palm Springs ND T26 PERSONS a�vRsNw+es Codes; :,ll_- V etim W = Witness C = Complainant P = Parent G = Guardian R = Party C = Other `'ES,—] `'1O _ CODE NAME - LAST, FIRST, MIDDLE, SUFFIX ADDRESS 1 PHONE, OF OCCUPATION .-. iRACE SEX AGE DOB ADDRESS2 PHONE2 DL STATE I SS# i INJURIES ADDRESS 3 PHONE 1 CODE NAME - LAST, FIRST, MIDDLE, SUFFIX 1 ADDRESS 1 PHONE 1 OF OCCUPATION E SEX AGE DOB ADDRESS 2 rPHONE2 DL STATj$:U INJURIES ADDRESS 3 PHONE 3 CODE NAME - LAST, FIRST, MIDDLE, SUFFIX ADDRESS 1 PHONE 1 OF OCCUPATION IRACEE P AGE DOB ADDRESS2 PHONE2 DL STATE ' SS# INJURIES ADDRESS 3 PHONE 3 e, sF SVM& aRY VEHICLE INFORMA TiON SUMMARY VEHICLE USED IN CRIME LICENSE (NO, AND STATE) YEAR MAKE :MODEL -BODY TYPE: COLOR MN MORE VEHICLES YES NO UNK _ OF .. .._ __ -_ _ _ _ _�_-_ _ _ ___ I YES NO I X! TOW REPORT GARAGE NAME AND PHONE REGISTERED OWNER ' R/O ADDRESS YES NO SUSPECT(S) IARRESTEE(S) MD"runs Codes: S = SuSpnt A = Arrestee D = Detainee SV - suspectlVictim AV - ArresteWictim DV - DetaineellNctim Yes -� k0 CODE NAME - LAST, FIRST, MIDDLE, SUFFIX HOME HOME A 1 OF 1 Garcia, Aimie Leanne RACE SEX HT WT 1120 HAIR _ EYE ;AGE 'bDB ADDRESS2 ;PHONE2 H F 5'01" 1 BLN I GRN 121 64105/1986 OCCUPATION -— - INJURIES _ — ADDRESS 3 -- ! PHONE 3 SCARS / MARKS / TATTOOS I AKNs ARRESTEE DISPOSITION j RELEASE LOCATION I ARREST DATE I TIME YES NO - _ Robles, Aimie Leeanne Felony PSPD 05129/2007119:41 DL STATE JARRESTED (BOOKING # WARRANT CITATION ## '!SS# YES �X� NO -_ 07-0640 - YES - NOX! CHARGES 148(A)(1) (1); 246.3 (1) CODE NAME - LAST, FIRST, MIDDLE, SUFFIX OF RACE SEX HT iWT (HAIR EYE ,AGE (DOB OCCUPATION IN u miKa SCARS/MARKS/TATTOOS ;AKA's YES NO DL ^STATE (ARRESTED BOOKING # YES Ir l NO CHARGES-J ADDRESSI ADDRESS2 ADDRESS3 ARRESTEE DISPOSITION WARRANT _ CITATION # YES NO RELEASE LOCATION SS# VICTIM DESIRES PROSECUTION FOLLOW-UP _ COPIES TO: YES NO YES r, NOS - PAT - DET, DA •_ COURT L;� PROBATION VWAP '�� OTHER: BY OFFICER DATE/TIME APPROVED BY G. Araiza 11090 05/30/07 04:29 Rich McCutcheon 10532 OFFICER UNIT/SHIFT ASSIGNED TO PHONE 1 PHONE2 PHONE 3 ARREST DATE I TIME I CII# — DATE APPROVED 05131/07 CASE STATUS Closed Arrest 0 Palm Springs PD 1 CASE # Crime ❑ P.O. Box 1830, Palm Springs, California 92263 0705P-6296 Non -Criminal ❑ il CA0331100 Person Profile PAGE 1 of 1 OFFENSE(S) I OFFENSE(S) cont'd. 246.3 PC; Willful Discharge Firearm In Negligent Manner; Fel. 148(A)(1) PC; ObstructlResistlEtc Public/Peace Officer/Emer Med Tech; Ift DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29/07 19:41 Tuesday 05129/07 19:41 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION NFAi SECTOR IIIIIIIIIIIIIIIMariscal Rd, Palm Springs ND T26 PERSONS i WRE NAMES Codes: V = Yetim W = Witness S = Suspect A = Arrestee. D =Detainee C = Complainant R = Party O = Other I Yes ❑ CODE NAME - LAST, FIRST, MIDDLE, SUFFIX DOB A I 1 OF Garcia, Aimie Leanne 0410511986 This report contains Person Profile information only. Please refer to the Drimary report for additional information. CLOTHING A DMINIS TRA TION . BY OFFICER DATE/TIME APPROVED BY DATE APPROVED G. Araiza 11090 05130/07 04:29 Rich McCutcheon 10532 05/31107 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Closed Arrest z ❑ Palm Springs PD Crime ❑ P.O. Box 1830, Palm Springs, California 92263 CA0331100 Non -Criminal Narrative Report OFFENSE(S) OFFENSE(S) cont'd. 246.3 PC; Willful Discharge Firearm In Negligent Manner; Fel. 148(A)(1) PC; ObstructlResistlEtc Public/Peace OfficerlEmer Med Tech; Misd. DATE. TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05129107 19:41 Tuesday 05/29107 19:41 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION IN Mariscal Rd, Palm Springs I NARRATIVE CASE # 0705P-6296 Page 1 of 3 -li SECTOR ND I T26 SOURCE: On 05/29/07, at approximately 1937 hours, I was dispatched to 366 Mariscal to assist Officer Costello with a call regarding the report of "Shots fired". The reporting party was calling from unit #E and advised that he heard three shots coming from the rear, possibly unit V M.O./P.O.E.: Aimie obstructed an officer in the performance of his duties. Aimie fired a semiautomatic pistol in a negligent manner. VICTIM STATEMENT: STATE OF CALIFORNIA WITNESS STATEMENT: REFER TO OFFICER STATEMENT OFFICER STATEMENT: Officer Costello Arrived to the scene a little more than 30 seconds after he had been dispatched. Shortly after advising he was on scene Officer Costello advised that there were shots fired and he needed responding units to expedite, followed by a request for medical aid. I arrived to the scene, just after Officer Dougherty and Sgt Abshire. Sgt Abshire asked Officer Costello where he was from his patrol unit, which was parked on Mira Vista, just north of Mariscal Road. Officer Costello responded by stating he was in across from 3■ (Mariscal). Given the odd numbered address I began looking to the south side of the street as I looked for Officer Costello. As I continued west down Mariscal Road, noticed a uniformed Officer out of the corner of my right eye, which is when I realized that it Officer Costello, who was on the north side of the street. I stopped my unit and got out and began walking towards Officer Costello, who was accompanied by Officer Benstead. Both Officers were on the east side of the parking lot for the apartment complex of 366 Mariscal Road and had their guns drawn. As I approached the parking lot I could see a subject on lying on the ground on his back. The subject was in between two vehicles that ADMINIS TR.4 TION BY OFFICER DATE/TIME APPROVED BY DATE APPROVED G. Araiza 11090 05/3012007 04:29 Rich McCutcheon 10532 05131107 OFFICER TO ASE STATUS Closed Arrest 0 Crime ❑ Non -Criminal ❑ Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CA0331100 Narrative Report OFFENSE(S) OFFENSE(S) conl'd. 246.3 PC; Willful Discharge Firearm In Negligent Manner; Fel. 148(A)(1) PC; Obstruct/Resist/Etc Public/Peace OfficerlEmer Med Tech; Misd. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29/07 19:41 Tuesday 05129/07 19:41 LOCATION OF OCCURENCE ILA Ti Grd NAME MMariscal Rd, Palm Springs I NARRATIVE OF LOCATION ND CASE # 0705P-6296 Page 2 of 3 SECTOR T26 were parked one behind the other. The subject was saying, "I can't feel my legs", as I got closer I noticed a silver semi -automatic pistol on the ground near his right hand. I approached the suspect, who was later identified as Robert Robles, and kicked the gun away from him his reach. I was preparing to handcuff Robles just as a distraught female that was running towards us from the west side of the parking lot began yelling, "That's my husband, why did you shoot him?" I yelled at the female to stay back, the female stopped yelling but continued walking towards the suspect and I. The female was about to walk in between the two vehicle where the suspect was laying. The female failed to follow my lawful orders and delayed me in the performance of my duties. I positioned myself in between the suspect and the female and grabbed her left wrist and I pulled the female down toward the ground. As the female started to lean forward I rotated her left arm down toward her waist then rotated it towards her back. locked the her wrist with my left hand and locked her elbow with my right as I pushed her down toward the ground. Once on the ground the female was handcuffed. Officer Dougherty and Sgt Abshire had arrived to the scene and maintained cover on Robert. I walked back around the rear side of the parked vehicles and approached the Robert from the east side. Robert stated that he was unable to move or roll over, I grabbed Robles by the left hand and drug him out from in between the two vehicles, rolled him over and handcuffed him, after which he was searched. Officer Judd and his trainee Officer Campbell arrived to the scene, at which time I requested they place the female arrestee, identified as Aimie Robles, in the rear seat of their unit. Sgt Abshire spoke with Officer Costello and confirmed that he had fired two rounds from his service weapon. When the medics arrived to the scene and began treating Robert I began taking digital photo's of Robert as well as the scene. As Robert was being treated they were able to account for a wound along the right side of his back. I checked the area and was eventually able to locate a bullet hole in a vehicle that was parked just west of where Robert had fallen. The vehicle was a blue Chevy sport utility vehicle, bearin After the scene was stabilized I walked over to Officer Judd's unit and began to tell Aimie why she had been detained. While explaining the circumstances to Aimie she stated, "I know because I didn't listen to you". Aimie then asked me, "Why did you shoot my husband". I explained to Aimie that I had arrived to the scene just after Robert had been shot and we ADMINISTRATION BY OFFICER DATEITIME APPROVED BY DATE APPROVED G. Araiza 11090 05/3012007 04:29 Rich McCutcheon 10532 05131/07 OFFICER OFFICER ASSIGNED TO CASE STATUS UNIT/SHIFT UNITISHIFT -7 Closed Arrest X ❑ Palm Sprinas PD CASE # P.O. Box 1830, Palm Springs, California 92263 0705P-6296 Crime ❑ CA0331100 � Non -Criminal ❑ Page 3 of 3 Narrative Report OFFENSE(S) OFFENSE(S) cont'd. 246.3 PC; Willful Discharge Firearm In Negligent Manner; Fel. 148(A)(1) PC; Obstruct/Resist/Etc Public/Peace OfficerlEmer Med Tech; Misd. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29/07 19:41 Tuesday 05/29107 19:41 I LOCATION OF OCCURENCE L ❑1'A-1 C1.'1 NAME T' PC OF LOCATION BEP.1' I SECTOR Mariscal Rd, Palm Springs ND T26 NARRATIVE were still investigating what had happened. I told Aimie that a witness saw Robert drop a gun. Aimie spontaneously stated, "That gun he has is mine". I read Aimie her Miranda Rights (2005 hours) and explained to her that she had been detained for obstructing an officer. Aimie stated that she understood her right's after which I asked her the caliber of the gun and she stated it was a .22 caliber. I asked Aimie what she was doing prior to the incident and she stated she was out jogging. Aimie claimed that she had just left the house, ran to the end of the street (Via Norte) made a right and ran to the next street (Via Escuela) and made another right. Aimie stated that she saw police cars with lights and sirens turn headed towards the area of her apartment. I asked Aimie if at any point she heard any gun shots and she stated she did not. I told Aimie that there were reports of gunshots from her apartment and she stated that she fired the gun twice out of her window. I asked, "You shot it twice out of your window? Why?" Aimie stated, "Just for fun, you know like popping fireworks on the fourth of July". I asked Aimie, "Haven't you heard the public service announcements on the Fourth of July and New Years on how dangerous that is?" Aimie stated, "No, but I saw it on that movie Once Upon a Time in Mexico, I figured that was just the movies". I asked Aimie if the shotgun was fired inside the residence, Aimie stated "Not today". I asked Aimie if she had fired the shotgun in the residence in the past and she stated she had not. I asked Aimie if she had ever fired the shotgun out her window like she did with the pistol and she stated she has in the past. Based on my observations and the information that Aimie provided, she was charged with PC 148(a)(1) - Obstructing an Officer and PC 246.3 Negligent discharge of a firearm. EVIDENCE: The firearm was taken as evidence under DR 0705P-6270 ADDITIONAL INFO.: NONE ADMINISTRATION BY OFFICER G. Araiza 11090 OFFICER DATE/TIME APPROVED BY 05/3012007 04:29 Rich McCutcheon 10532 UNIT/SHIFT ASSIGNED TO DATE APPROVED 05/31/07 CASE STATUS Closed Arrest ❑ Palm Springs PD CASE # x Crime ❑ P.O. Box 1830, Palm Springs, California 92263 0705P-6296 Non-Criminai [] CA0331100 PAGE Supplemental Report 1 OF 6 OFFENSE(S) OFFENSE(S) cont'd. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29107 19:41 Tuesday 05/29107 19:41 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR CASE SUMMARY J NARRATIVE SUPPLEMENTAL REPORT On May 29, 2007, 1 responded to assist in the investigation of an officer involved shooting at 1101W. Mirascal. On May 30, 2007, 1 made contact with GARCIA in the Palm Springs Police Department Jail where she was in custody with regard to this incident. GARCIA is the wife of suspect ,Roberto ROBLES, who was involved in the Officer Involved Shooting(DR# 0705P-6270). At 0225hrs, I read GARCIA her Miranda Rights from a pre-printed Palm Springs Police Department Statement of Rights form. GARCIA signed the form, stating that she understood her Rights. As I read each Right to her, I asked her if she understood them and she said, "yes". GARCIA stated that on 5/29/07, she had picked ROBLES up from work and they had just arrived home at approximately 1900hrs. GARCIA stated that she and ROBLES were in their bedroom talking about how their day went. GARCIA said she pulled out a .22 caliber handgun because she wanted to have ROBLES clean it for her. GARCIA stated that the handgun is silver. She said the gun is hers, but she never had it registered to her. She said she bought it a couple of years ago off the street for $150.00. GARCIA said she had the gun for protection because she used to live in Desert Hot Springs and she said that Desert Hot Springs is a bad city. GARCIA said that prior to giving ROBLES the handgun, she fired it out the bedroom window. GARCIA stated, "It wasn't the first time. I didn't think anything of it". GARCIA stated that she fires the gun on 4th of July or New Year's Eve. GARCIA said that she fired two to four shots from the window, while standing on her bed. GARCIA said there is not a screen on the rear window which faces east. GARCIA stated she doesn't know why she shot the gun out the window. She said that maybe it was because she hadn't shot it in a while. When I asked GARCIA how she fired the gun out the ADMINISTRATION FOLLOW-UP COPIES TO: YES NO F1 ❑ PAT ❑ DET BY OFFICER DATEMME R. Long 15075 06/0512007 16:51 OFFICER UNITISHIFT ❑ DA ❑ COURT ❑ PROBATION VWAP OTHER APPROVED BY ASSIGNED TO DATE APPROVED CASE STATUS Inactive Arrest❑ Palm Springs PD Crime ❑ P.O. Box 1830, Palm Springs, California 92263 Non -Criminal CA0331100 Supplemental Report OFFENSE(S) I. OFFENSE(S) cont'd. DATE, TIME AND DAY OF OCCURENCE 05/29/07 19:41 Tuesday LOCATION OF OCCURENCE LOCATION NAME CASE SUMMARY DATE AND TIME REPORTED 05/29/07 19:41 TYPE OF LOCATION CASE # 0705P-6296 PAGE 2 OF 6 BEAT SECTOR NARRATIVE window, she raised her arm over her head, demonstrating how she fired the gun into the sky. I asked GARCIA about the casings for the .22 handgun and she said that she doesn't know where they flew. No .22 caliber casings were located in the bedroom when Detective Browning served a Search Warrant on the location. GARCIA stated that she keeps a full clip in the gun. When I asked GARCIA what a full clip was, she said twelve bullets. She said she usually keeps the handgun in a dresser drawer, but sometimes she keeps it between the mattresses. She stated that after she shot the gun, - knocked on the door and asked if she was okay, and she responded, "yeah, I'm okay". GARCIA stated that after firing the gun, she left the apartment to go jogging. She said she was down the street when she heard police sirens and saw cops going on her street. I asked GARCIA if ROBLES was chasing her and she stated that he wasn't chasing her, he wouldn't ever hurt her. GARCIA stated that she knew ROBLES had the gun because she gave it to him to clean. GARCIA stated that ROBLES may have gone to the truck to get something and may have taken the gun with him. Garcia said she doesn't know why Robles went to the truck because the gun cleaner was in the bedroom. I asked GARCIA if ROBLES usually carries the gun around and she stated that he did not. I mentioned to GARCIA that other people have seen him with the gun in his waistband and she denied it. GARCIA stated she doesn't know why ROBLES would have taken the gun out to the truck. She said they do not have any problems at the apartment complex or with anyone around there. I asked GARCIA if they ever owned any other guns and she stated that they did not. I asked GARCIA about ROBLES' prior arrests for possession of a handgun and she stated that the police had arrived at his house while he was having a party and because they found guns at his house he was charged with it. She said he was going to plead not guilty to that charge. GARCIA said she was at the location at the time ROBLES was arrested on that charge. ADMINISTRA TION FOLLOW-UP COPIES TO: YES ❑ NO 11 PAT DET ❑ DA COURT ❑ PROBATION VWAP OTHER BY OFFICER DATE/TIME APPROVED BY DATE APPROVED R. Long 15075 06/05/2007 16:51 OFFICER UNITISHIFT I ASSIGNED TO CASE STATUS Inactive Arrest Crime Non -Criminal OFFENSE(S) DATE, TIME AND DAY OF OCCURENCE 05/29107 19:41 Tuesday LOCATION OF OCCURENCE I CASE SUMMARY NARRATIVE Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CA0331100 Supplemental Report LOCATION NAME OFFENSE(S) coned DATE AND TIME REPORTED 05/29/07 19:41 CASE # 0705P-6296 PAGE 3 OF 6 TYPE OF LOCATION I BEAT I SECTOR I asked GARCIA if she owned any other guns. She said that she has a 20 gauge shotgun. GARCIA stated that the shotgun is kept in the closet and the last time she saw the shotgun in the closet was about a week ago. GARCIA stated that she has fired the shotgun out the bedroom window also, but has not fired the shotgun since New Year's Eve. GARCIA stated that she last purchased ammunition for the shotgun about a year ago at a gun shop in Desert Hot Springs. GARCIA stated that a friend gave her a box of shotgun ammunition also. She said the last time she bought ammunition for the .22 caliber handgun was about six months ago. She said she bought the ammunition at Walmart or K-mart. I asked GARCIA if she had fired the shotgun tonight and she stated no. I asked her about the shotgun shells on the bed in her bedroom. GARCIA stated that she has empty shotgun shells in her bedroom on the stereo. She had no explanation as to why she had the shotgun shells, except she stated that they had picked them up the last time she had fired the shotgun in the desert. She said that she has about four to eight shotgun shells on the stereo in her bedroom. I asked GARCIA if ROBLES fired the shotgun and she said, "not that I know. Not while I was there". She said she can't explain why there were shells on the bed. I asked GARCIA if she would be covering up anything or lying and she wouldn't answer the question, and changed the subject. GARCIA asked me if the shotgun was fired and she also asked me if there were shotgun shells on the bed. GARCIA stated that she and ROBLES have been together for about three years and got married about a week ago. GARCIA said there are no past incidences of domestic violence ADMINISTRATION FOLLOW-UP COPIES TO: YES ❑ NO ❑ ❑ PAT DIET ❑ DA COURT 0 PROBATION ❑ VWAP ❑ OTHER BY OFFICER DATE/TIME APPROVED BY DATE APPROVED R. Long 15075 06/0512007 16:51 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Inactive Arrest IJ Crime Non -Criminal OFFENSE(S) DATE, TIME AND DAY OF OCCURENCE 05/29/07 19:41 Tuesday LOCATION OF OCCURENCE CASE SUMMARY NARRATIVE Palm Springs PD P.O. Box 1830, Palm Springs, California 92263 CA0331100 Supplemental Report LOCATION NAME OFFENSE(S) cont'd. DATE AND TIME REPORTED 05/29107 19:41 CASE # 0705P-6296 PAGE 4 OF 6 TYPE OF LOCATION BEST SECTOR GARCIA stated that she and ROBLES drink occasionally and smoke marijuana. She stated that they haven't used speed in about two years. I asked GARCIA about the Police bringing her home and her face being bruised. GARCIA stated that she was in a car accident in February on Palm Canyon and Gran Via Valmonte and her face was injured at that time. I asked GARCIA if she heard gunshots while she was out jogging and she stated that she did not. I asked GARCIA if there was anything else that she wanted to tell me and she just stared at me. I asked GARCIA several times if she had fired the shots. GARCIA stated, "No, I didn't fire the shots." GARCIA stated that she went out jogging and when she was on Via Miraleste and Via Escuela when she heard gunshots. GARCIA said she kept jogging and a short time later she heard sirens. GARCIA said she saw the Police turn onto her street and she ran back to her apartment. GARCIA stated that she didn't know why ROBLES pulled out the shotgun. GARCIA said she did not know why she lied and then she stated that she lied because ROBLES had been shot. She said she was sorry for lying. GARCIA said that the guns belong to both she and ROBLES. GARCIA said that she and ROBLES were getting along fine prior to her leaving to go jogging. GARCIA stated that ROBLES was tired and his demeanor was fine. She said that upon coming back to the apartment, she saw that ROBLES had been shot. She said the Police Officer told her to stay back, but she didn't follow his orders because all she wanted to do was hug her husband. I concluded my interview with GARCIA and booked a copy of the interview into evidence. ADMINISTRATION FOLLOW-UP COPIES TO: YES ❑ NO n PAT DET ❑ DA COURT PROBATION VWAP OTHER BY OFFICER DATE/TIME APPROVED BY DATE APPROVED R. Long 15075 06105/2007 16:51 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Inactive x Arrest ❑ Palm Springs PD CASE # Crime ❑ P.O. Box 1830, Palm Springs, California 92263 0705P-6296 Non -Criminal ❑ CA0331100 PAGE Supplemental Report 5 OF 6 OFFENSE(S) OFFENSE(S) cont'd. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05129/07 19:41 Tuesday J 05/29/07 19:41 LOCATION OF OCCURENCE LOCATION NAME I TYPE OF LOCATION I BEAT ISECTOR CASE SUMMARY NARRATIVE On Saturday, 6/2/07, 1 made contact wit t her residence reference an Officer involved shooting that occurred on 5/29/07. lives at the same apartment complex that suspect, Garcia, lives. said on 5/29/07, she was in her kitchen cooking dinner. said she heard three gunshots in succession. said the gunshots were "acosedistance because she was inside her residence and Rivera was la in.g a video game which was on very loud and she still heard the gunshots clearl aid she immediately went to the window facing south towards W. Mirascal. said she saw a female coming from the east running in full stride westbound on W. Mirascal. aid originally, she did not know it was Garcia, but when she saw Garcia getting taken by the police, she noticed it was the same female that she saw running. d Garcia as being a blond female wearing gray sweats and a white t-shirt.�Ias�kedif Garciawas jogging like she was exercising and she said no. said it appeared that Garcia was running at full speed away from something. said she thought Garcia was running from the gunshots. aid she doesn't know where Garcia was coming from because she never heard the gate open going to the street. The gate is located next to apartment. She said it very loud and she often hears it open and close. aid Garcia did not have time to get to where she saw her running after she heard the gunshots. aid a short time later she heard two more gunshots. said she observed two police officers west of her kitchen about twenty feet away in the front parking lot. said she didn't see anything else because her view was obstructed by vehicles and blinds in the window. said she has not heard gunshots in her complex before. said she has not seen Robles or Garcia with a gun before. ADMINISTRATION FOLLOW-UP COPIES TO: YES NO ❑ ❑ PAT ❑ DET ❑ DA ❑ COURT ❑ PROBATION ❑ VWAP ❑ OTHER BY OFFICER DATEMME I APPROVED BY DATE APPROVED R. Long 15075 06/0512007 16:51 OFFICER UNIT/SHIFT ASSIGNED TO CASE STATUS Inactive Arrest Palm Springs PD CASE # Crime F1 P.O. Box 1830, Palm Springs, California 92263 0705P-6296 Non -Criminal CA0331100 PAGE Supplemental Report 6 OF 6 OFFENSE(S) OFFENSE(S) cont'd DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 05/29/07 19:41 Tuesday 05/29/07 19:41 LOCATION OF OCCURENCE LOCATION NAME I TYPE OF LOCATION I BEAT TSECTOR CASE SUMMARY NARRATIVE partment is the far south east apartment. The window M was looking out of was on the southwest side of the apartment. _ was looking out the east side of the window. The window has horizontal mini -blinds in it. The window as looking out is on the southeast side of the apartment. This window has vertical blinds in it. Garcia failed to follow an order by Officer Araiza to stay back while they made the situation safe regarding the Officer Involved shooting. Suspect Robles had a handgun and Garcia's actions put the officer's lives in jeopardy due to the fact they had to stop what they were doing and detain Garcia. Garcia told Officer Araiza that she had fired the handgun prior to leaving her residence to go jogging. Garcia also told me that she fired the handgun prior to leaving her residence to go jogging. Garcia ultimately said she didn't fire the handgun and she doesn't know what happened. Due to the fact that Garcia delayed Officer Araiza in his duties and she delayed my investigation into the shooting, I request one charge of 148(a)(1)PC, Delaying a Police Officer in the Course of their Duties. I request the D.A. review this case and decide what additional charges, if any, should be filed against Garcia. A copy of my jail interview with Garcia was booked into evidence under report number 0705P-6270. Garcia bailed out of custody and was given a court date of July 7, 2007. CASE STATUS: INACTIVE PENDING D.A. REVIEW A1)MIMSTPA TION ❑NO❑PAT COPIES TO. EJ DET ❑ DA COURT PROBATION VWAP OTHER [FOLLOW-UP 15075 DATE(fIME 06/0512007 16:51 APPROVED BY DATE APPROVED UNIT/SHIFT ASSIGNED TO CASE STATUS Inactive