HomeMy WebLinkAboutPSPD-IA 2008-15Officer William Hutchinson
Officer Sam Steepleton
Sergeant Matthew Bear
Sergeant Abraham TokIl
PSPD-005050
OFFICE OF
THE DISTRICT ATTORNEY
COUNTY OF RIVERSIDE
RODPACHECO
DISTRICT ATTORNEY
Chief David Dominguez
200 S . Civic Drive
Palm Springs Police Department
Palm Springs, CA 92262
Subject: Officer William Hutchinson, ID# 10884
Officer Gerald Bucklin, ID# 1120
Civilian(s) Injured: Donald Goucher, DOB 6/9/1991
Cesar Flores, DOB 5/26/1993:
Please be advised that our office has completed its review of the incident involving the above -
mentioned officers from your department. After careful review, we have concluded that there is
no evidence of criminal liability on the officer's part.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
ROD PACBECO
District Attorney
Sara L. Danvil c
Assistant District Attorney
82-675 HIGHWAY 1 1 1, Foup-TH FLOOR. INDIO, CA 92201
760-863-8216
PSPD-005051
Ljr-% I L— I Ukil Ucal Y e- I, Z-VVV
TO: Officer William Hutchinson via Chain of Command
liken go -
I have reviewed the paperwork regarding the officer involved shooting in which you
were involved on October 21, 2008. The reports and your statement indicate that
your firearm was loaded with SWAT practice ammunition, a violation of Section
500.08 of the Palm Springs Police Manual. I have directed the Captain to issue you
an Educational Memo. No further action will be taken in this incident.
DAVID G. DOI`G��
Chief of Police
PSPD-005052
UA I t: February 3, 2009
TO: Chief David Dominguez
FROM: Captain Mike Hall
SUBJECT: Personnel Investigation 2008-15
have reviewed the attached investigation conducted by Sergeant Matt Beard and Sergeant
Abe Tokier and reviewed by Lieutenant John Booth concerning the Officer Involved Shooting
occurring on October 21, 2008.
I concur with the Investigators findings that the appropriate level of force was used during this
incident.
I also concur with the finding that Officer William Hutchinson was in violation of PSPD manual
section 500.08 in that he had the improper ammunition in his duty handgun. I agree with
Lieutenant Booth's assessment that this violation should be remedied through changes in the
SWAT training protocol.
PSPD-005053
aA�'HSAAINfiSP�-��
DATE: October 29, 2008
TO: William Hutchinson, Police Officer
FROM: David Dominguez, Police Chief
SUBJECT: Officer Involved Shooting —Administrative Relief from Duty
On October 21, 2008 you were placed on administrative "Relief from Duty" leave
pursuant to the shooting in which you were involved. The leave would remain in effect
pending a release back to duty from The Counseling Team.
Notification has been received in this office from The Counseling Team that you are
released to return to duty. On November 2, 2008 you will assume your normal shift and
duties.
DAVID G. DOMINGUEZ
Chief of Police
DGD:rm Received and Acknowledged:
cc: File
William Hutchinson, Police Officer
Date
PSPD-005054
M." I I C111111111111111111 11111159AM M W, A M
SUBJECT: Officer Involved Shooting —Administrative Relief from Duty
-;-r---
Effective this date you are placed on administrative "Relief from Duty" leave pursuant to
the shooting in which you were involved. This memorandum will remain in effect
pending a release back to duty from The Counseling Team.
As a reminder, while you are on administrative "Relief from Duty", you are to remair
available by phone during the hours and days as directed,
Once notification is received in this office from The Counseling Team that you are
released to return to duty, you will assume your normal shift and duties.
DGD.-rm Received and Acknowledged:
cc: File
William Hutchinson, Police Officer
Date
PSPD-005055
DATE: December 8, 2008 -
TO: Chief David Dominguez, via C air f ommand
FROM: Lieutenant John Booth
SUBJECT: Officer Involved Shooting 2008-15
I have read the entire Criminal and Internal Investigation involving this case. I was also
present during most of the interview of the victim ( , and the interviews of
the officers involved. I also saw the injuries (obvious hammer abrasions) the victim
received in this assault. I examined the outside patio where the shooting took place,
and reviewed all the photographs involved in this case.
There are several areas that I believe needed to be examined to determine if all the
rules, regulations, General Orders and laws were adhered to by the officers involved.
From all indications, it becomes very apparent that these three suspects were out to
participate in a crime spree.
The first incident was an attempt to burglarize the residence of Mr. and Mrs. �, who
live at =Tiffany Circle South. Mr. awoke up hearing suspicious noises coming
from the front of his condo. He investigated and found that the 3 suspects had removed
the kitchen screen and were trying to break in. Mr. yelled at the 3 suspects. It
was then that one suspect withdrew a handgun and pointed it at him. The others then
tried, at least 6 times, to kick in the living room door without success. The suspects left
after Mr. yelled that he was calling the police.
The second incident occurred when the 3 suspects attempted to enter another condo at
�iffany Circle South. This is the home of . At the time, was
babysitting three children and heard someone banging on the door. She could also
hear someone speaking Spanish. She too called the police and the suspects left.
The third and final incident occurred when the 3 suspects broke into the condo at 1125
Tiffany Circle South. This is the home of Mr. . The 3 suspects entered this
condo, via the living room sliding glass door, and confronted the lone occupant (Mr.�
� inside. They shoved a handgun against his neck, and then pushed him off his
chair. Another suspect, who was armed with a hammer, struck Mr. in the
head, neck and back several times. The suspects then ordered Mr. to
produce valuables and the keys to his car. The suspects finally left his home with
several items of value and money. Mr. heard the 3 outside as they were
being confronted by the police. A short time later, the officer entered and rescued him.
Three officers used force against the suspects. This is the main part of our
investigation; insuring that this use of force was within standards of the Palm Springs
Police Department.
Officer Sam Steepleton was near the front door as the suspect exited. He was there
with Officer Larson (and his K-9) and Officer Bridgewater. Each officer had a different
PSPD-005056
1218J2008
Page 2 of 3
option for their use of force. Officer Steepleton's assignment was the Taser. As one of
the suspects (Daniel Arquieta) exited the front door, each officer indicated that he had
something in his hand. That object turned out to be a hammer (and the victim's car
keys). Each officer indicates that they felt that there was ample probable cause to
arrest Mr. Arquieta; and each indicates that he was preparing to run. At this point,
Officer Steepleton shot him with the Taser. This temporarily stunned Arquieta; and he
was arrested without injury.
I reviewed the Use of Force policy as it pertains to use of the Taser. It states that, to
prevent the escape of suspects, the Taser may be used. It is my opinion that Officer
Steepleton used the Taser appropriately and within policy on this incident.
Officer Bucklin and Hutchinson were in the back of Mr. I home as the 3
suspects were leaving. When the confrontation occurred at the front door (tasering of
Arquieta), the other two suspects ran back inside, through the home, and out the back
sliding door. Both officers say that they confronted Mr. Goucher. Both officers confirm
that he had a black handgun in his possession, and started to point it toward them.
Both officers indicate that each identified themselves and told the suspect to not move.
In addition, when interviewed, suspect Flores also told detectives that Goucher had a
handgun; and that he too heard the officers identify themselves and yell not to move.
About two homes east, one of the children that was babysitting also told
officers that she heard officers identifying themselves and heard the shooting. The child
said that she hoped that the officers were not hurt. Both officers indicate that, after
watching a home invasion occur in front of them, where one of the suspects had a gun
and another kept hitting the victim with a hammer, they felt they had probable cause to
arrest them. When Goucher pointed the handgun at them, both felt their life was in
danger and both shot at him. Later, detectives recovered a black BB gun pistol on the
patio where Goucher's clothing was cut off by paramedics.
again reviewed the Use of Force Policy as it pertains to using deadly force. I believe
that both officers felt that if they didn't react immediately they would have been shot by
suspect Goucher. It is my opinion that Officer Bucklin and Hutchinson used their duty
pistols appropriately and within policy on this incident.
Officer Bucklin and Hutchinson then had their attention drawn toward a second suspect
who was exiting the same rear sliding door. Both officers indicate that this suspect (Mr.
Flores) had a black object in his hand; and both feared it was also a handgun. Both
officers told investigators that they ordered suspect Flores not to move. Additionally,
when interviewed, suspect Flores also said that the officers identified themselves and
told him not to move. Suspect Flores later admitted to turning immediately around and
reaching down on the ground. This was the area where Goucher had dropped his gun.
Both officers told investigators that they feared that Flores was going for a gun, and
both said they shot him. Later, detectives located a black cell phone and glasses (that
belonged to the victim) near the clothing of suspect Flores' that was cut off by
paramedics.
I again reviewed the Use of Force Policy as it pertains to using deadly force. I believe
that both officers felt that Mr. Flores was reaching for a gun and if they didn't react
PSPD-005057
12/8I2008
Page 3of3
immediately they would have been shot by him. In addition, they did not want suspect
Flores to re-enter the home and take Mr. Van Houten hostage. It is my opinion that
Officer Bucklin and Hutchinson used their duty pistols appropriately and within policy on
this incident.
One issue that surfaced during our internal investigation was that Officer Hutchinson,
who recently returned from SWAT training, died not have the proper ammunition in his
handgun. He had SWAT practice ammo and it was determined that he did not follow
regulations and replace the practice ammo with patrol issue ammo. While being a
violation, it had no bearing on the different uses of force by Officer Hutchinson. I
believe that this is a training issue, and can be rectified immediately by the SWAT staff.
In final review, I believe that all three officers used the appropriate force necessary in
this incident. Each instance where force was used was examined, and I believe that
each officer violated no rule, ordinance, law or General Order in their conduct on this
evening in question.
PSPD-005058
Officer William Hutchinson
Officer Sam Steepleton
Sergeant Matthew Bear
Sergeant Abraham TokIl
PSPD-005059
COVER SHEET Rage I
TABLE OF CONTENTS Page 2
SUMMARY OF INCIDENT Page 3-5
OFFICERS INVESTIGATES Page 6
INVESTIGATING OFFICER Page 6
WITNESS INFORMATION Page i
INVESTIGATIVE DEPORT NARRATIVE Rage 8-38
WITNESS STATEMENT Page 39-44
OFFICER EUCI LI T INTERVIEW Page 45-51
OFFICER HUTCHINSON INTERVIEW Page 51-59
LEGAL, CONSIDERATIONS Page 59-64
RESULT & FINDINGS Page 64
ATTACHMENTS Page 65-66
SIGNATURE PAGE Page 67
PSPD-005060
On 10-21-2008 at approximately 0404 hrs, PSPD officers were sent to
Tiffany Circle South in reference to a 911 caller reporting a residential
burglary in progress. Officers arrive and learn that several suspects had
attempted a home invasion robbery with a handgun.
Officers start checking the area on foot and locate a residence in the same
general area where yelling is heard coming from the interior (Tiffany
R. S). Officers check this location and learn that it is an in progress home
invasion robbery.
Three suspects are seen inside during this robbery. At some point, one
suspect exits the front of the residence and is subdued with a Taser. The
remaining two suspects exit the rear of the residence where Officers
Hutchinson and Bucklin have positioned themselves.
A confrontation ensues between officers and suspects which results in both
suspects being shot.
PSPD-005061
=Tiffany CR. S.
Tiffany Cr. S.
Shoe impression on
front door
=Tiffany Cr. S.
Kitchen window (POE)
PSPD-005062
5
Sliding glass
door. - --"
Location -
where -
suspects exit
condo
Suspect
Goucher's o ►�
handgun
I
Location where suspect Overall view of shouting scene
Goucher falls to ground.
Tiffany CR. S .
Location
where suspect
Flores fell to
the ground
_
behind table
General
location of
where
Officers
Bucklin and
Hutchinson
fired from
PSPD-005063
R
*fficer Gerald BucIdin ID9 1120
*perations Division
Graveyard Patrol
I -It
.-ellV
Officer William, Hutchinson ID# 10884
Operations Division
Graveyard Patrol
Cell#
Officer Sam Steepleton ID# 10992
Operations Division
Graveyard Patrol
CeI14
Sergeant Matthew Beard ID# 10551
Operations Division
Crime Suppression Team Sergeant
Cell#
Sergeant AbrahainT 1 r .4 1414
Operations Division
Traffic Unit Sergeant
Cell# I
PSPD-005064
7
Witness Information:
DOB:
1331. Tiffany Cr. S.
Palm Springs Ca 92262
Hm#
106112,13
1331 Tiffany
Foll"It
1125 Tiffany Cr. S.
Palm Springs Ca 92262
WIC#
ccll#�
1171 Tiffany Cr. S.
Palm Springs Ca 92262
PSPD-005065
M
10-21-2008 at approx 0450 hrs, I received a phone call at any home from
Lt. Booth advising me that an officer involved shooting had taken place. Lt.
Booth requested that I respond as a member of the Critical Incident
Investigation team to conduct an interval affairs investigation of this
shooting incident.
While en -route to Palm Springs, Lt. Booth called me once again and advised
that the incident had taken place at�Liffany Cr. South which is in the
City of Palm Springs. I arrived at this location at approx 0545 hrs. I met
with Lt. Booth who briefed me on the circumstances of this incident. Lt.
Booth told me that PSPD dispatch had received two calls from citizens in the
neighborhood reporting attempted burglaries by three suspects. On one of
these attempted burglaries, one of the suspects had pointed a gun at the
reporting party. Lt. Booth told me that officers arrived in the area and
started to search for these suspects on foot. Officers subsequently found a
location at Tiffany Cr. South where three suspects were found to be
committing a home invasion robbery of the homeowner at that location. Lt.
Booth said that one suspect attempted to flee the residence via the front door,
and two other suspects attempted to flee via a rear sliding glass door. Lt.
Booth said that a confrontation occurred between officers and the two
suspects who were attempting to flee via the rear sliding glass door. During
this altercation, both of these suspects were shot by Palm Springs Police
officers.
10-21-2008 0600 hrs, I entered the crime scene with Sgt. Reyes and
Detective Kovaleff for an initial walk through. I learned that there were
three separate uses of force by officers in this incident. A Taser was used by
Officer Steepleton on a suspect who attempted to flee via the front of the
residence, and that two suspects had been shot on the back patio of this same
residence. During this walk through, I noted the layout of the crime scene
and pieces of evidence for later use in this investigation.
10-21-2008 0700 hrs, I responded to Desert Regional Medical Center where
I contacted Sgt. Tokier who was assisting me with this administrative
investigation. Sgt. Tokier told me that he had been asked by Lt. Booth to
respond to the hospital and stay with the two suspects who had been shot.
PSPD-005066
E
At this time, Sgt. Tokier told me that he noticed several gun shot wounds on
both suspects. He said that the suspect later identified as Cesar Flores
appeared to have an entry wound in his right chest area, and what appeared
to be a corresponding exit wound on his back. He said that the suspect later
identified as Donnie Goucher had what appeared to be a gunshot wound to
his right upper chest area, one on the right side of his neck, one on his left
hand and what appears to be an entry and exit would across the front of his
lower abdomen. Sgt. Tokier told me that he had instructed Officer Mike
Donovan to take photographs of suspects Flores and Goucher. For details on
these photographs, refer to Officer M. Donovan supplemental report in the
criminal investigation binder. While I was at Desert Regional Medical
Center, I was informed by Lt. Booth that both officers had given Sgt.
Abshire a public safety statement. This statement included how many
rounds each officer had fired and the direction they were fired in. Sgt.
Abshire's complete supplemental report can be found in the criminal
investigation binder.
The following is an excerpt from Sgt. Abshire's supplemental report
detailing the public safety statement he obtained from Officers Hutchinson
and Bucklin
I exited the residence and asked which officers fired shots. Officers Bucklin
and Hutchinson both said that they fired shots. I then obtained a public
safety statement from both officers. Officer Bucklin said that he fired 2-3
shots in a westerly direction at one of the suspects. Officer ucklin did not
know ifany of the suspects fired a shot. Officer Hutchinson said that he fired
4-5 shots in a westerly direction at one of the suspects. He knew at least one
cif his rounds struck one of the suspects. He did not know if the suspectfired
a round, but he did report hearing a "hopping sound" inside the house while
the suspects were inside. We searched the area downrange (to the west) of
the shooting scene in order to locate any possible rounds. On our initial
search, we did not locate any rounds or any other forms of evidence. I
removed Officers Bucklin and Hutchinson from the crime scene and had
Officer Steepleton escort them to the station and remain, with them until
further notice.
PSPD-005067
C#
I
WNPTMMIIIr MIT ME
10-21-2008 0730 hrs, Sgt. Tokier and I left the hospital en -route to M
Tiffany Cr. S. which is the location of the first attempted home invasion
robbery reported to PSPD. At this time, I requested that Sgt. Tokier handle
the crime scene portion of this administrative investigation. Sgt. Tokier and
I toured this crime scene with Officer Flinn and noted the screen removed
from the residences kitchen window and also what appear to be shoe
impressions on its front door. Refer to Officer Flinn supplemental report for
details of this crime.
10-21-2008 0741 hrs, Sgt. Tokier and I return back to the crime scene at
tiffany Cr. S., where I briefed Sgt. Tokier on this, crime scene as it had
been explained to me earlier by Lt. Booth. Sgt. Tokier and I toured this
scene where I brought to his attention the pieces of evidence pertinent to our
investigation. For any further crime scene information, refer to Sgt. Tokier
Supplemental reports.
10-22-2008 1600 hrs, Officer Hutchinson and Officer Bucklin were
scheduled for administrative interviews in regards to this officer involved
shooting. Both officers had been previously interviewed by criminal
investigators in this case. However, an administrative interview was
conducted to obtain more infon-nation specific to the administrative review
of this incident. Refer to the officer interview section of this report for
further details.
10-30-2008 1000hrs, I reviewed the CD of 911 calls to PSPD dispatch in
regards to this officer involved shooting. There were a total of two calls to
911 from citizens involved in this incident. The first call came from_
at MTiffany Cr S. -reported to dispatch what could be
considered an attempted 459 PC burglary or 212.5 PC home invasion
robbery. The information that -provided to dispatch is consistent with
the statements that both Officer Hutchinson and Officer Bucklin recall
receiving during their initial response to this address.
The second 911 call in this incident came from =Tiffany Cr. S. This
caller identified as called to report loud banging on her front
door and someone speaking Spanish. The information that _provided
to dispatch is also consistent with the information that both officers recall
PSPD-005068
having after this reporting party was interviewed.
A compact disk of these 911 recordings is attached to this report. Refer to
the attachments sections for this CD.
10-30-2008 1030 hrs, I reviewed PSPD dispatch tapes and event record
call log of this officer involved shooting. The radio traffic is consistent with.
both Officer Hutchinson and Officer Bucklin's recollection of the
information broadcast and the chronology of events based on the officer's
interviews. The event record/ call log has time stamped significant pieces of
radio traffic as they were broadcast by officers in this incident. However,
some radio traffic is not contained within the event record, but is present on
the dispatch tapes. The following is a chronology of events as they occurred
by time. I used both the event record and the radio traffic tapes in
determining this time line.
All of the times noted below were on 10-21-20108
04:03:42 hrs 911 call from witness
04:25:54 hrs—Officer Bucklin advises officers are checking south side of
buildings.
04:28:19 hrs—Officer Hutchinson advises that suspects dressed in black- In
progress home invasion robbery.
04:28:29 hrs--Officer Hutchinson advises suspects are trying to steal
victim' s car.
04:29:00 hrs—Officer Hutchinson advises suspects are pushing victim
around.
04:29:06 hrs—Officers advise that address is =Tiffany Cr. S.
04:29:18 hrs---Officer Bridgewater advises that suspects are corning out of
the front door.
04,:30:06 hrs—Officer Hutchinson advises that shots are fired with two
PSPD-005069
12
suspects down.
04:30:59 hrs—Officer Hutchinson requests medical aid.
04:31:32 hrs—Event record of fire call 9200806733. Fire department
dispatched to call of shooting victim.
04:37:31 hrs—PSFD arrives at IlWiffany Cr. S.
Note: The PSPD dispatch event record shows Officer Hutchinson advising
shots fired at 04:30:06 hrs, and then at 04:30:59 hrs he requests medical aid
for the suspects. This delay of 53 seconds is not an accurate timeline for the
officers requesting medical aid for the suspects. In listening to the dispatch
tapes of this incident, Officer Bucklin requests medical aid within ten
seconds of Officer Hutchinson advising shots fired. Officer Bucklin's
request for medical aid traffic is not listed on the event record. The PSPD
dispatch tapes and event record/call log is contained within the attachments
section of this report.
11-01-2008 1600 hrs, I reviewed an interview that Det. Galvan had
conducted on one of the suspects in this case. On 10-21-2008 at 1645 hrs,
Det. Galvan interviewed the suspect Norberto Daniel Arquieta about his
involvement in this home invasion robbery. Arquieta was the suspect who
had been tasered at the front of the house by Officer Steepleton. Arquieta
was not present at the rear of the residence and did not see Officers
Hutchinson or Bucklin shoot the other two suspects. The following is a
summary of Det. Galvan's, interview with Arquieta. The entire interview
transcript can be viewed in the criminal investigation binder.
Arquieta had been Mrandized by Det. Galvan and agreed to talk about this
incident. Arquieta made some inconsistent statements about his involvement
in this incident. He did however admit that he, Flores and Goucher had
entered the victims condo and stole his money and car keys. Arquieta
admitted that either Goucher or Flores had a gun while inside of the victim's
condo, and that one of them had armed himself with a hammer. This
hammer, according to Arquieta was found inside of the victim's condo in
one of his kitchen drawers. Although Arquieta did not see any of Officer
Hutchinson's or Officer Bucklin's actions, he confirms the suspicion that
these officers were watching a home invasion robbery.
PSPD-005070
IN
14-10-2008 2000 hrs, I reviewed the use of the Taser by Officer Steepleton.
This use of force occurred on the front porch of the residence at
Tiffany Cir. S.
The following supplemental report was prepared by Officer Steepleton in
regards to his use of force.
While making our way to the second residence, Officer Larson radioed that
the suspects were inside M Tiffany Circle South,
Officer Jaeger and I met Officer Larson, Officer Flinn, Officer Bridgewaters
and Officer Grissom near the garage door at the residence. After several
seconds I heard a male's voice near the front door say, "Come on, let's go.
Officer Larson, with his K-9 stepped away from the garage door towards the
walkway to the front of the residence. I was standing to the side Officer
Larson and saw a Hispanic male, later identified as Daniel ARQUIETA
dressed in black holding something in his right hand. ARQUIETA was
standing on the walkway to the front door. When ARQUIETA saw officer
Larson and me, he immediately threw an unknown object into the bushes to
his right. The area on the walkway was moderately lit by lights on the front
and inside the residence.
Officer Larson and I quickly ordered ARQUIETA to, "Put your hands up
and get on the ground. " ARQUIETA put his hands up at shoulder level. I
ordered ARQUIETA loudly to, "Get on the ground. " ARQUIETA did not
comply. I verbally ordered ARQUIETA three more times to, "Get on the
ground. " ARQUIETA did not comply and began looking around. Thinking
ARQUIETA was looking for an avenue of escape, I discharged my
department issued X26 Taser at his chest. I was standing approximately 10
feet away, from ARQUIETA when I discharged the X26 Taser. The two darts
struck ARQ UIETA in the front of black sweatshirt. The force of the
electrical shock caused ARQ UIETA to stiffen and fall to the ground. The
X26 Taser was discharged with, the 5 second burst only once, without any
additional electric shocks.
As Officer Grissom approached and handcuffed ARQUIETA, the sounds of
several shots were heard to the south behind the residence. Officer
Grissom quickly moved ARQ UIETA from the walkway to the grass area near
the drive wayfor his safety.
PSPD-005071
M
At PSPD, ARQUIETA was examined by Denise Denham from American
Forensic Nurses inside the PSPD Jail. ARQUIETA did not sustain any
visible injuries or puncture wounds from the two darts. I took several digital
photos of ARQUIETA inside the PSPD ..Tail.
I booked the spent X26 Laser cartridge and digital photos into evidence.
I also reviewed a supplemental report written by Officer Larson who was, a
witness to Officer Steepleton's use of the Taser on the suspect Arquieta.
The following excerpt from Officer Larson's supplemental report details his
observations of Officer Steepleton's use of force.
When ARQUIETA came within 20feet, Iran out from behind the parked car
and yelled, "Police! Put your hands up! Get on the ground!" A's I did this, I
aimed my handgun at him with my right hand and held Jake by his leash
with my left hand. ARQUIETA turned slightly to his right, then, stop crud put
his hands above his head. As he did so, I saw a dark object sail out of his
right hand toward the bushes next to the garage. I quickly walked away
from the garage toward the west side of the residence in order to block the
suspect's avenue of escape as well as avoid being a target of the suspects
still inside. As I did so, I saw the two suspects still inside looking at me
through the kitchen window. I saw the two suspects turn and run toward the
rear glass slider. Since I had my handgun in one hand and Jake's leash in
the other, I was unable to key the microphone on my radio and inform the
officers that the suspects were running toward the back. I began to yell,
"Out the back! They're going out the back!" as loud as I could in hopes that
Officers Hutchinson and Bucklin could hear me and be ready. At the same
time this was occurring, we held ARQUIETA at gunpoint in the front yard.
ARQUIETA stood with his hands up, but when ordered to lie on the ground,
he did not comply and hesitated, I decided not to send K-9 Jake to
apprehend ARQUIETA because I thought that the apprehension would take
too long and put Officers in front of the residence without cover for an
extended period of time, Officer Steepleton deployed his terser and quickly
incapacitated ARQUIETA. ARQUIETA fell to the ground next to the bushes.
Officer Grissom went to ARQUIETA and began handcuffing him.
PSPD-005072
15
I also reviewed a supplemental report written by Officer Bridgewater who
was a witness to Officer Steepleton's use of the Taser on the suspect
Arquieta.
The following excerpt foam Officer Bridgewater's supplemental report
details her observations of Officer Steepleton's use of force.
I saw that the backpatio door was open and heard several subjects yelling
inside. I then saw three suspects inside yelling at the victim (_
and one of them was walking towards the front door. Ofe.
Larson and I ran around to the front of the condo to set up a perimeter.
While Ofe. Bucklin and Ofc, Hutch stayed in the back of the condo. "ile
running by the open sliding glass, door to set up out front Iglanced in the
window and saw two of the suspects one with a long black object in his hand
and another suspect with a black hand gun in his hand I did not see their
faces because they were moving around to much and I was also quickly
moving to the, front of the condo.
Once out front Ipulled out my hand gun, Ofe. Larson had the K-9 and Oft..
Steepleton had his Taser ready. A second later suspect Daniel Arquieta
came out from the house. He hopped over the brick wall and started to walk
down the walkway. I then yelled Police and pointed my handgun at
Arquieta and told him to put his hand in the air. As his hand went up in the
air he turned to his right and threw a dark object in the bushes, but I could
not see what the object was. We told Arquieta, to get on the ground and onto
his stomach several times and he would not comply. Ofe. Steepleton then
TaseredArquieta and he fell to the ground. "ile Qfc Grissom was hand
cuffing Arquieta I heard what appeared to be several gun shots frown the
back of the condo. Qfc. Hutchinson then put out shots fired, two suspects
down, and start medical.
The suspect Arqiueta came out of the residence and the officers knew that
one of these suspects was armed with a handgun. Arquieta threw an object
that was unknown to them, but still within reach. He refused to comply with
their orders and was diverting the attention of the officers from the other two
suspects who Officer Larson said were watching him from inside the
residence. Officer Larson considered the option of his police K-9 which
would have been appropriate, but for tactical reasons decided not to deploy
his dog. Officer Steepleton deployed his Taser which subdued the suspect
and allowed them to focus on the remaining suspects,.
PSPD-005073
UM
Based on the facts contained within Officer Steepleton's report, as well as
supplemental reports from Officers Bridgewater and Larson, it appears that
Officer Steepleton deployed his Taser within the guidelines of state law and
department policy
11-11-2008 1715 hrs, I received a copy of an interview that Detective
Galvan had conducted on the suspect Donnie Goucher in regards to his
involvement in this incident. Detective Galvan's entire supplemental report
can be found in the criminal investigation binder.
The following excerpt from Detective Galvan's interview with Donnie
Goucher details his involvement in this shooting incident.
CST Johnson and I entered Goucher's room at approx. 1055 hours. Upon
entering, I introduced myself to Mr. Goucher who was the sole occupant
inside the room. Goucher was awake and oriented to his surroundings.
Prior to discussing the investigation, I advised Goucher that he was not
under arrest which he verbally acknowledged he understood. Further, I
inquired if he was willing to speak with me regarding the circumstances
involving the shooting which resulted in him being hospitalized Goucher
stated he Was willing to talk to me regarding this incident. The following is a
summary ofiny interview with Goucher which was visually and audibly
recorded via camcorder by Johnson.
I asked Goucher ifhe knew why he had been shot. In response, Goucher
stated, "I don't know why they shot me. I didn't have a gun or nothin ' "
Further, he said he didn't remember the events of the evening. I advised Mr.
Goucher that I had spoken to both Cesar and Daniel whom informed me
they were with Goucher the previous evening. Goucher confirmed he was
with. Cesar and Daniel acknowledging they were friends ofhis. Goucher
then recalled he was hanging out with Daniel and Cesarat Cesar's
apartment in Palm Springs. He stated Cesar's brother, was
also at the location. While at the apartment, Goucher admitted to drinking a
beer. I inquired ifhe took any illegal drugs, to which he atfirst replied,
'No, " then, recanted, stating that he took one Zanax pill. Later that evening,
he stated he and his friends went to 'MIS" house. Goucher said lived
in the same apartment complex as Cesar however he was unable to provide
me his apartment number. Goucher stated he heard that sometime during
PSPD-005074
IV
the evening he and friends walked back to M's house. He stated that on
the way there, they saw some cops and started running at which point the
cops started firing at him. Goucher stated he didn't remember anything else.
I informed Goucher that both Cesar and Daniel had spoken to the police and
acknowledged they had entered someone house whom they didn't know and
robbed him after leaving the apartment complex. Goucher stated he didn't
remember doing this. Mr. Goucher then exclaimed that he 'just got caught
up on some stuff ' and had been in trouble recently. I asked him to elaborate
and he stated that he got arrested for robbery "and other stuff 'in Palm
Desert about a month ago. Since then, he has been trying to "lay low,
doing what he can to stay out of trouble.
I confronted Goucher with Cesar and Daniel's acknowledgment that the
three had walked into someone's house, Goucher stated he didn't recall. I
asked Goucher if herecalled having a BB gun, to which he replied, "No. " I
asked Goucher if he ever possessed a BB gun, to which he replied, "A long
time ago. " Goucher stated he been caught a BB gun when he got in arrested
for the robbery in Palm Desert. I asked him to describe this BB gun and he
stated the gun looked like a real gun and was black in color. I asked him if
he placed tape on this BB gun and he replied, "This one looked real. You
didn't have to put tape on it. "
I asked Goucher if he had purchased another BB gun since the previous one
had been recovered when he was arrested. Goucher denied purchasing nor
possessing another BB gun since his previous arrest. Goucher also stated he
did not recall seeing anyone in possession of BB gun during the evening in
question. I again asked Goucher ifhe remembered going into someone's
house illegally and he did not recall. I told Goucher I was advised he
possessed a BB gun when he entered the victim's house however he stated he
didn't remember having a gun in his hand. Upon being presented with
additional facts pertaining to the investigation, Goucher stated he didn't
recall demanding money from anyone, he didn't know what his friends were
doing during the evening in question, he didn't remember anyone having a
hammer, and didn't know why the police shot him. Further, he denied
robbing anyone.
Goueher stated that the Zanax he took during the evening in question made
him 'forget stuff. " I asked Goucher if he thought the police would shoot him
PSPD-005075
RN
for no reason and he replied, V wouldn't think so. I guess there was a
reason. if
Goucher stated he has not talked to anyone regarding this matter. I asked
Mr. Goucher if he had any questions for me and he replied, "No, " but then
asked ifl thought he might be in, trouble. Mr. Goucher asked me to
elaborate what happened during the night in question. 1presented him a
brief synopsis of the events. During this time, he asked me ifsomeone had
commented that a person had been beaten up with a hammer andlor said he
was there. I did not provide with him with specific details at this time. My
interview with Mr. Goucher was concluded shortly thereafter.
11-18-2008 1900 hrs, I reviewed a summary of an interview that Detective
Kovaleff had conducted on the suspect Cesar Flores.
The following excerpt from Detective Kovaleff s supplemental report details
the information he obtained from this interview.
He was wearing black and tan pants, a white shirt, and white shoes. His
clothes were baggy and his shirt was not tucked in. He did not know whose
house that they were in. I asked him, "When you guys came out of that
house, what did the police officers say? " He replied, "All he said was don't
move, but I think because Ifelt I dropped something and he probably
thought I was going to get the gun. "
He also said "He told me not to move and all I did was turn around and I
heard three gunshots, " J attempted to clarify what he had in his hand and he
denied having anything in his hand. He related that he ran after he heard
"don't move "He later said he heard "Palm Springs Police freeze. "
He did not know that they were police officers, but did see a uniform. He
did not believe that they had an reason to shoot him. Arquieta probably
had the hammer during the incident. Goucher had the handgun during the
incident. He saw Voucher put the gun to the old man's head. It was their
(Goucher and Arquieta's) idea to go in, They did not think anybody was
home.
Knowing that the victim's cell phone and glasses were found next to his
clothes, I asked him, "Did you have the phone? " He said, "No, you guys
probablyfound that stuff on me. " He denied owning a cell phone. He
PSPD-005076
E
didn't know they were going to do a "house invasion. "
There are several significant pieces of information that were obtained in this
interview. Flores confirins that he and the other suspects were committing a
home invasion robbery. He confirms that Arquieta was armed with the
hammer, and that Goucher was aimed with the handgun during the
colm-nission of this crime. He also said that Goucher had put the gun to the
"old man's head" (Viet -
Flores said at different times during this interview that he hears "Palm
Springs Police freeze". He said that he saw a uniform, but did not know they
were police officers when speaking of the time period when he and Goucher
exited the condo onto the back patio.
Flores denies having anything in his•- hand, but acknowledges that he was in
possession of the victim's glasses and cell phone. He acknowledges that he
hears the officers tell him not to move, and admits to turning and running on
this command. Flores makes the statement, "All he said was don't move, but
I think because Ifelt I dropped something and he probably thought I was
going to get the gun. " This confirms both Officer Hutchinson's and
Bucklin's statements that Flores had objects in his hands and was making
furtive movements when ordered to drop the items. It also confirms their
fears that Flores was attempting to run back into the condo. This also
sounds like an acknowledgement by Flores that he was making movements
that would make the officers believe he was going to get a gun or back
inside to take a hostage.
10-21-2008 0500 hrs, I was called at my home by Lieutenant Booth. Lt.
Booth infon-ned me that an in -progress home invasion robbery call had
resulted in an officer involved shooting. He requested that as part of the
department's Critical Incident Investigation Team (CUT) that I respond to
the station to assist in the internal investigation process.
I arrived at the station at 0530 hours, and then responded to Desert Regional
Medical Center (DRMC). I arrived at DRMC at 0551 hours. Upon arrival I
PSPD-005077
zo
saw officers Jaeger and Grissom in the trauma emergency treatment room
with two suspects later identified as Donny Goucher, and Cesar Flores. Both
suspects were receiving emergency room medical care by DRMC staff due
to their gunshot wounds (GSW). Dr. Hoffman was the physician. Sergeant
Fallon was also at DRMC. Jaeger, Grisson, and Fallon were in full police
uniform.
As Jaeger and Grissom were busy, I asked PSPD dispatch to respond an
officer to take photographs of the suspect's wounds. At about 0634 hours,
Officer Mike Donovan arrived and took several photographs of both
suspects. In observing the GSWs to both suspects, I noted the following:
GOUCHER
Suspect Goucher had what appeared to be a GSW to his right upper chest
area just left and above of his right nipple:
Suspect Goucher had what appeared to be a GSW to his upper rear back area
just below his collar line:
PSPD-005078
21
Goucher had what appeared to a GSW wound on the right side of his neck;
PSPD-005079
22
Goucher had an entry and exit through and through GSW on his left hand
between his thumb and index finger and what appears to be another through
and through entry and exit GSW across the front of his lower abdomen. It is
Sgt. Beard's and my opinion that these wounds all appear to be consistent
with being caused by a single projectile as they all easily lined up:
GSW
Through &
Through in Hand
and Abdomen
FIT
Tattoo
PSPD-005080
23
In observing suspect Goucher, I also noted that he had a tattoo in large block
lettering of "F I T" on his abdomen and lower left hip area.
Goucher's injuries were consistent with being caused by 3-4 projectiles
being fired at him.
FLORES
Suspect Flores had what appeared to be a through and through GSW to his
right outer chest area that is just below and right of his right nipple and also
on the lower portion of his right back near his waistline:
PSPD-005081
24
Flores' injuries were consistent with being caused by one projectile
impacting him.
10-21-2008 0638 hrs, phlebotomist Denise Denham arrived and took blood
samples from both suspects Goucher and Flores.
10-21-2008 0640 hrs, Lt. Booth arrived at DRMC and briefed me on the
circumstances of the event.
10-21-2008 0650 hrs, Detective Kovaleff arrived at DRMC as part of the
criminal investigation team.
10-21-2008 0700 hrs, Sgt. Beard arrived at DRMC.
10-21-2008 0713 hrs, Sgt. Beard and I cleared DRMC.
10-21-2008 0741 hrs, Sgt. Beard and I returned to the crime scene and he
walked me through the three locations were these crimes had occurred. I was
assigned the task of documenting the crime scene for the internal
investigation.
All three crime scenes are located in the Dose Garden Condominium
complex on Tiffany Circle South. There is a green belt that traverses the
PSPD-005082
25
entire south side of the complex. There is a flood control channel that
traverses the entire south side of the complex. This entire complex is located
south of the main cross streets of Hermosa and Baristo Road and is generally
centrally located in the City of Palm Springs, County of Riverside.
Scene #1 1 Tiffany Circle South
This location is a single story town home which is located on the southeast
corner of Hermosa and Tiffany Circle South.
At this location, wand were sleeping inside their home at
the time that the suspects attempted to break into their home. The suspects
removed the exterior screen from the kitchen window on the west side of the
home. They were then confronted by who had walked into the
kitchen to investigate the noise. One suspect pointed a gun at
The suspects then tried unsuccessfully to force open the front door by
kicking it several times and then fled. called 911 and PSPD
officers began to respond to this location.
I observed that there were at least six or more right foot dirty smudge marks
on the lower portion of the front door which indicated to me that the
suspect(s) had tried to forcibly kick open the front door. I also noted that
there were herring bone style shoe impressions in the dirt outside of POE # 1.
4
Attempted
points of
POE #1
- entiy
Screen
PSPD-005083
2(
A
POE #2 From
Door foot
marks
Scene #2 — = Tiffany Circle South
This location is a two-story town home which is located several homes west
of � Tiffany Circle South.
At this location and her roommate's three children were
upstairs. _heard the suspects speaking Spanish and heard them banging
on her front door. She called 911 and requested police assistance as she
believed the suspects may have gained access to the lower level of her home.
No access was made and the suspects fled prior to police arrival.
Scene #3 — Tiffany Circle South
Shooting location — Front north side of M Tiffany Circle South
This location is a one-story town home which is located several homes west
ofMTiffany Circle South. It is just south of the intersection of Tiffany
Circle South and Tiffany Circle West. The front of the home has an
PSPD-005084
27
approximate four foot high enclosed courtyard that is surrounded by a block
wall and which has a hinged metal swinging access gate. The front door has
a non -security type screen door and is located directly south of the access
gate opening.
5 _ '!A
Y1
Front Door
PSPD-005085
?g
I observed a black handled chrome colored metal hammer, a set of keys, and
a dark colored sock that were in view near the hedges outside of the
courtyard access gate. This is where suspect Daniel Arquieta was taken into
custody. Refer to the following photos:
PSPD-005086
29
Shooting location — Rear south side patio of �iffany Circle South
To the rear south side of the home there is a concrete patio that is covered in
Saltillo tiles. There is an exterior sliding glass door which leads from the
interior living room to the rear patio. There is a covered metal BBQ just east
of the patio door. There is a round glass top patio table with two vinyl
backed chairs, two vinyl backed chaise lounge chairs, and two additional
vinyl backed chairs that were placed just east and off of the concrete patio at
the time of this incident. There were numerous other evidence items on the
patio.
Refer to the following crime scene photos and diagrammed sketch of this
location:
Overhead view of rear patio facing southeast
PSPD-005087
30
Suspect BB
gun pistol
wrapped in
black
electrical tape
Rear patio view facing northwest
Rear patio view facing north
Suspect
S'1
Flores"
Clothing
Victim's
cellphone
dropped by
suspect
Flores
Suspect
Goucher's
Clothing
PSPD-005088
31
M�"
View looking outward & southbound from victim 's sliding glass
door.
Edge of patio table facing westerly
PSPD-005089
32
M
27
24
Projectile
impact site of
one .45cal
hollow
point most
likely from
Officer
Bucklin's
weapon.
PSPD-005090
3
It is suspected that the pair of the victim's eyeglasses and cell phone were
the objects that Officers Hutchinson and Bucklin saw in suspect Flores'
hands. It should be noted that aside from Flores clothing which was cut off
by fire department personnel, there are no other objects in that general area.
The DOJ (DNA) report which could prove that Flores handled these items is
pending. However, it is reasonable to believe that these items were the one's
seen by both officers.
PSPD-005091
.34
177=
Palm Springs Police Dept. MTiffany Circle South -081OP-458
Drawn esmarais C B Date Drawn Incident Datel=1120138 Scale
-- M.d
d712d �8 111W Location: iffany 01.18 South r 1" = 6,07
I
PSPD-005092
35
nFumm..,
Item # 1: Segment of stucco wall removed to inspect a small hole. The
hole was 48" above around level.
Item #2: Blue jeans, white sock and right white Addidas brand tennis
shoe. These clothing items were documented at the scene as
Evidence Item #23.
Item #3: Sliding glass door providing access to the south side of
Tiffany Circle South.
Item #4: Samsung cellular phone with T-Mobile carrier service. This
item was documented at the scene as Evidence Item #26.
Itern #5: Bloody white tank top and t-shirt. These clothing items were
documented at the scene as Evidence Item #2 1.
Item #6: Bullet casings. The casing found closest to the residence was
documented at the scene as Evidence Item #4. The casing
found farther south was documented at the scene as Evidence
Item 45.
Item #7: Black wire -rim glasses. This item was documented at the scene
as Evidence Item 424.
Item 48: Sliding glass door providing access to the southeast side of
=Tiffany Circle South.
Item #9: Left white Addidas brand tennis shoe and white sock. These
clothing items were documented at the scene as Evidence Item
#22.
Item # 10: Circular patio table.
Item # 11: Barbeque grill with cover.
Item 4 12: Bullet casing located in planter area south of the south wall of
MWiffany Circle South. This item was documented at the
scene as Evidence Item 97.
Item 9 13: Patio chair.
Item 4 14: Set of keys. This item was documented at the scene as
Evidence Item 420.
Item # 15: Garage door opener. This item was documented at the scene as
Evidence Item #3 1.
Item # 16: BB gun wrapped in black electrical tape. This item was
documented at the scene as Evidence Item # 19.
Item # 17: Expended bullet fragment found lodged in the side of a circular
patio table. This item was located 26" above ground level and
PSPD-005093
36
was documented at the scene as Evidence Item #27.
r.111111 ill i i
Evidence Item # 18.
Item # 19: Bullet casings. The casing located just south of the barbeque
grill was documented as Evidence Item 46. The other casing
was located underneath a patio chair and was documented at the
scene as Evidence Item #8.
Item #20: Chaise lounges. Both chaise lounges were facing in a
northeasterly direction, with the head towards the south and the
feet towards the north. The lounge chair further south had a
small amount of blood at the foot of the chair.
Item #2 1: Large tree located along the eastern property line of M
Tiffany Circle South.
Item #22: Black Los Angeles Dodgers baseball cap. This item was
documented at the scene as Evidence Item # 15.
Item #23: Bullet fragment. This item was documented at the scene as
Evidence Item # 14.
Item #24: Bloody black shirt and white tank top. These clothing items
were documented at the scene as Evidence Item 413.
Item #25: Coins. These items were documented at the scene as Evidence
Item # 16.
Item #26: Set of keys. This item was documented at the scene as
Evidence Item # 17.
Item #27: Black Etnies shoes and blue and white shorts. The: single right
black Etnies brand tennis shoe was documented at the scene as
Evidence Item 9 1, 0. The left black Etnies brand tennis shoe was
found beneath a pair of blue and white basketball type shorts
and was documented at the scene as Evidence Item 912. The
shorts, which were bloody and appeared to have been cut, were
documented at the scene as Evidence Item #11.
Item 428: Row of oleander trees running along the south edge of the
property line of =Tiffany Circle South.
Item #29: Blue bank bag with two exposed 100 dollar bills.
Item 430: Location of Nikon NPL-362 pulse laser total station.
Item #3 1: Set of keys. This item was documented at the scene as
Evidence Item #9.
PSPD-005094
37
10-21-2008 1021 hrs, Sergeant Beard and I returned to the station.
10-21-2008 0835 hrs, I observed CSO Fitzsimmons and Detective Long
talcx photographs of Officer Hutchinson in his full police uniform. I saw
CSO Fitzsimmons photograph and take as evidence Officer Hutchinson's
weapon (Sig Sauer P220.45cal, Serial #: �� and FMJ ball
ammunition. I noted that the weapon appeared to be unmodified (pending a
subsequent report from DOJ and PSPD Range master Menley) and it had a
frame mounted flashlight.
I noted that Officer Hutchinson had four live cartridges in the magazine that
was removed from his weapon and that there was also a live cartridge in the
firing chamber. He also possessed two spare magazines which contained
seven live cartridges in each magazine. There was Ranger ammunition in
both of the spare magazines. He had a Safari land type molded retention
holster that complied with department regulations.
Officer Hutchinson also possessed a Taser, approved OC spray, a handy
talkie, two sets of handcuffs, and had a baton ring on; his duty belt.
This concluded at about 0901 hours.
10-21-2008 0903 hr's, I observed CSO Fitzsimmons and Detective Long
take photographs of Officer Bucklin in his full police uniform. I saw CSO
Fitzsimmons photograph and take as evidence Officer Bucklin's weapon
(Glock 21 .45cal, Serial 4 and Ranger ammunition. 1 noted that
the weapon appeared to be unmodified (pending a subsequent report from
DO;J and PSPD Range master Menley) and it had a frame mounted
flashlight.
I noted that Officer Bucklin had 11 live cartridges in the magazine that was
removed from his weapon and that there was also a live cartridge in the
firing chamber. He also possessed two spare magazines which contained 13
live cartridges in each magazine. There was Ranger ammunition in both of
the spare magazines. He had a Q-Systems type molded nylon retention
holster that complied with department regulations.
NMWWIEWMM��l
PSPD-005095
38
with lapel microphone, a mini tool, two sets of handcuffs, latex gloves, belt
flashlight, a baton and baton holder on his duty belt.
This concluded at about 0935 hours.
I then monitored by CCTV Officer Hutchinson's and Bucklin's criminal
investigation statement to Sergeant Reyes and detective Kovaleff.
The Department of Justice ballistic report, the weapon review by Range
Master Menley, and the wound characteristic report are still pending.
However, this should not change our conclusion of this incident.
PSPD-005096
39
Witness M Statements:
Officer Flinn had interviewed both M and following this
incident. was the first reporting party in this case. Officer
Flinn"s entire report can be found in the criminal investigation binder.
The following is an excerpt from Officer FJinn's su lemental report which
details the interview with the witnesseslINIMancl 166a.
Hand his wife C'=') were in bed in their northwest
bedroom. _heard voices, so he got up and walked into the kitchen where
his small window above the sink was left open about 8 inches with a security
pin in place. M told me that as he walked up to the sink in front of the
kitchen window, he saw a male subject outside the window in the planter
area, and two other subjects standing nearby. M told me that he moved
his right hand at the window to bang on the screen while yelling, "Get out of
here!" M said that his hand did not contact the screen, and later saw
that someone had removed the screen from the window. At the same time,
he saw the subject raise a handgun and point it at him, inside. =told us
that he was not completely sure, but the suspect may havefired the gun at
him, but he later told me that he did not think he was shot at. told me
that he ran infear of his safety back to the bedroom where he called police.
As he ran by the front door, he heard someone kicking the front door.
provided the following limited description of the suspect with the gun:
HMA, early 20's, wearing all dark clothing
=described the handgun as follows:
Dark color semi -automatic handgun
When I asked M if he could identify the suspect with the gun, he told me
7 might be able to identify him. " Since _was standing next to my patrol
unit where one of the suspects was being detained, he told me, 7 know that
the guy with the gun was not the one you had in your police car. "
I later spoke to ors wife, M who provided me with the following
statement:
PSPD-005097
40
M told me that she was asleep in bed and heard her husband, M, get
UP Moments later, she heard him yell, "Get out of here!" = immediately
looked out her northwest bedroom window and saw "two or three" males
walking down the walk -way towards the driveway. About a minute later,
M then saw "three" males walk back up the walkway towards the front
door, Mtold me that she believed that the three males then 'lingered" in
front of the home near the driveway for afew minutes before leaving.
= could not provide specific descriptions cif the suspects, but she told me
that they were all wearing dark clothing, and she could not tell if they were
speaking Spanish or English. said that she did not see the suspects
that well because she was not wearing her prescription glasses for distance.
Witness � Statement:
Detective Chassie had been assigned to interview potential witnesses in this
case. She made contact with, who was one of the two original
reporting parties in this incident. Detective Chassie's supplemental report
can be found in the criminal investigation binder.
The following excerpt from Detective Chassie's report details the interview
with the witness M.
said that she heard some strange noises which woke her up. She said
that she then heard her doorbell ring. She said that she grabbed a paddle
and her phone and walked to the top of her stairway -where gall of the
bedrooms are located. � said that she yelled out, 'who's there. Austin
said that she had the, front open and the security screen door locked
said that she thought that maybe it was her neighbor, 'E'. She said
that she heard a males voice say something that she couldn't understand
because he wasn't speaking English. - said that she thought that the
language was Spanish. � said that she yelled, 'I'm calling 911, Get out
of here': said that minutes later she heard gunshots and she yelled
out, 'is anyone hurt?'. .
-1 also interviewed , � 's daughter. � is a 10 yr old
girl. She said, =called 911 and told us to stay in our roonis'. _
PSPD-005098
41
said that she heard =yell out 'hey get out of there' Msaid that she
heard someone at the screen door. - said that she heard yelling, 'hey
stop' and she thought that it was the police yelling far someone to stop.
said that she then heard a dog barking. _.said that after she
heard the dog barking that she heard gunshots. � said that she had
hoped that the gunshots were coming from the police: _ didn't see
anybody, from her room.
Witness Statement
Officer Flinn who had taken this initial crime report conducted an interview
of the victim following this incident. Officer Flinn's entire
report can be found in the criminal investigation binder.
The following is an excerpt from Officer Flinn's supplemental report which
details the interview with the witness
told me that he was inside his home sitting at his computer in
his bedroom, which is on the northeast side of the home. said
that the slider door was open in his bedroom, and the slider door was also
open in his living room which was on the south side of the home. M
indicated that the screen doors were closed on both doors. M
said that he began hearing voices which he thought were coming
from outside his living room sliding door. told me that he just
thought it was the local residents walking around the property.
then realized he was hearing the sound of his living room slider
door being opened slowly. As turned around in the chair, a.
male suspect (S-1) was right behind him and with his right hand raised,
placed a handgun in 's face, and actually made contact with=
ma's right side ofhis neck. noticed another suspect (S-2),
who was also inside the room with a hammer in his hands.
S-1 said in a very calm apologetic manner, "Nothing personal. We have to
feed our babies. Give me what you got. " told me, "He reaked
ofalcohol. " told me, V was scared!"
PSPD-005099
42
S-1 pushed and hefell backwards in the chair and to the flocar.
said that his chair hit and broke his stereo, his fan,. and
damaged the drywall in the process. After falling to the ground, S- I asked,
"Where's your money? " pointed towards his dresser to a blue
"US Bank" zippered pouch. told S- 1, "There is over $500. 00 in
the bag on the dresser. " S-1 picked up. the bag, and he returned raising the
gun towards 'sface. S-1 asked '"where's your
wallet? " told me that he raised his left hand and pushed S- I's
gun to the side and out ofhis face. told S- 1, "It's on the kitchen
counter. "
S-1 yelled, "Get up motherfucker! Get up motherfucker! Where's it at?
Show me!" walked towards the kitchen, as S- I and S-2 followed
behind him. said that he felt and object being 'yoked in his
back 3 to 4 times, " which believed felt like the hammer that S-2
had in his hands. While walking to the kitchen, saw S-3 walking
towards them, but he stepped back away, so they could walk in. Inside the
kitchen, noticed that his wallet and keys were missing from the
countertop already. put another set of his car keys on the
countertop. Either S-1 or S-2 asked where the "guns and
jewlery" were inside the home. could see S-3 rifling through
drawers inside the house. As noticed that all three suspects
appeared to be distracted, he walked outside on the rant patio, when S-1
and S-2 came running out yelling, "What are you doing?
replied, 7 can't breathe!"
S-1 and S-2 yelled, "Get in the house!" S-1 pointed his gun at
and believed that S-2 began 'yoking" him in the back with the
hammer about three to four times as he walked back into the house. The
suspects demanded "more stuffand told them "'I don 't have
anything.
S- I and S-2 forced back into his bedroom, as he heard S- I say,
"Back to the bedroom!" As he got back to the bedroom, S-1 told him, "Get
in the closet! We don't want to hurt you. saw S-1 then lift up
the atress looking for items of value. waited in the closet, and
he could hear the suspects "going through the drawers" in the kitchen. At
one point, thought they had left the home.
PSPD-005100
43)
Suddenly, S-2 returned and opened u the closet door. S-2 yelled, "Get up!
Get up! Hurry up!'" S-2 pointed the hammer at him and told him to go back
to the kitchen. walked back, and S-2 made the following
comments, "You have a big home for just yourseWhy is it just you in such
a big house?" told me that he was not even sure how to
respond to the question. S-2 turned him back around and demanded, "Get
back in the closet!" While walking back to the closet, S-2 yelled, 'Wurry
up!" then struck him with the hammer on the right side of his neck. Upon
arrival, got back into the closet. From inside, he heard
"commotion" when he believed that the police department arrived on scene.
said that he then heard "at least three, and maybe four gun
shots. "
described the handgun as follows:
Black semi -automatic handgun with duct tape on it, He pointed at
my handgun and said it looked
like my duty handgun, and said that it was made similar to it out of
plastic/ceramic.
believed that the gun was real.
provided me with the following description of the three
suspects."
S-1: HAM, 20's, 56"_5T', bro hair, bro eyes, Isw dark baggy clothing
S-2: HAIM, 20's, 58"_5'9", thin build, "crazy" eyes (explained asunder the
influence of alcohol or
drugs), bro' hair, bro, eyes, Isw dark clothing
S-3: HIM, 20's, 56"-5'7", bro hair, bro eyes, Isw dark clothing
also told me that one of the suspects was wearing a blk hooded
sweatshirt with large white writing; however, he could not tell me which
suspect was wearing the sweatshirt.
told me that he would be able to identify S-I and S-2, but
probably not S-3. provided me with a list of items taken from
him inside the home.
PSPD-005101
44
Iasked about the injuries to his body. He exposed his back,
and I saw several red marks/bruises. One of the bruises on his tipper right
side of his back appeared to be the same size and shape of the head of a
hammer. When I asked about this injury, he told me, 7 don't
remember when he hit me there. " At one point during my interview with
he told me, V thought I was dead!" As I interviewed him, I also
noticed that his eyes watered tip afew times as he told me what happened.
said that the suspect's had a gun that he described as being
similar to the one carried by Officer Flinn. As a point of reference, Officer
Flinn carries a Clock pistol.
PSPD-005102
45
Officer Bucklin Interview:
Criminal Investigators
On 10-21-2008, at 1024 lirs, Officer Bucklin gave a voluntary statement to
the criminal investigators in this case. Prior to this interview, Officer
Bucklin was advised that he was considered a victim in this criminal
investigation and was not advised of his Miranda rights. I witnessed this
voluntary statement given by OfFicer. Bucklin via the video feed in the PSPD
video evidence room. A full transcript of this interview can found in the
criminal investigation binder. The following is a summary of this interview.
During this interview, Officer Bucklin told PSPD investigators that on the
night of 10-21-2008, he was working graveyard patrol which runs from
2100-0700hrs. Officer Bucklin said that he was wearing a full PSPD duty
uniform and was driving a marked PSPD patrol car. Officer Bucklin said
that this night's shift was his first work day for the week. He also said that
he had taken several naps prior to his shift and "felt fine" when he came to
work, Officer Bucklin said that he had not taken any medications recently in
spite of having a cold earlier in the week. Officer Bucklin said that this
illness did not affect any of his decisions during this incident.
Officer Bucklin said that he had been dispatched to MTiffany Cr. S in
reference to a reported burglary in progress at that location. He said that he
had waited for the arrival of a K-9 officer before they proceeded to check the
area. He said that once the K-9 officer arrived, they searched the area
including the interior of the residence and found that all of the suspects had
fled.
Officer Bucklin said that at some point, he was advised that another caller
was calling from the dock of Tiffany Cr. S. This caller advised that
someone was knocking on her door. Officer Bucklin said that after this
second call, he thought that maybe these could be the same people from the
previous crime. He said that he ran down Tiffany Cr. S. with other officers
to check this second address. He said that by the time officers got to this
location, the suspects again had already fled.
Officer Bucklin said that he had formed the opinion that these suspects were
probably the same ones from their initial call and felt that they were
probably working their way west along Tiffany Cr. S. Officer Bucklin said
PSPD-005103
M
that he and Officer Hutchinson decided to walk along the south side of this
row of houses between the structures and the storm channel. He said that he
felt they were in fairly fresh pursuit of these suspects as they made their way
westbound. Officer Bucklin said that they happened to notice a sliding glass
door open on one of the units with the privacy blinds open giving them
visual access to its interior. He said that he could hear voices coming from
inside of this unit, which he felt was suspicious at this of day between 0400-
0430 hrs.
Officer Bucklin said that he and Officer Hutchinson had positioned
themselves on the backyard patio near the barbeque area and were able to
see into the interior of this condo, He said that he was able to see into the
kitchen area and saw what appeared to be a Hispanic male holding a black
handgun. He said that this Hispanic male was pointing the gun in an easterly
direction and could hear what sounded like people yelling back and forth.
Officer Bucklin said that he heard someone saying "Okay., Okay" which he
thought might be a victim being ordered around. Officer Bucklin said that
the interior of the unit was well lit, and that he was able to clearly see what
was going on inside. Officer Bucklin said that at this time, it was obvious to
him that a home invasion robbery was taking place.
Officer Bucklin said that Officer Hutchinson
utebinson had updated the other police
officers on scene with what they could see via the rear slider. He said that at
one point, he hears what he believes are officers in the front of the residence
yelling orders, but is unsure what is being said because they are on opposite
sides of the residence. Officer Bucklin said, moments later, two subjects
came running out of the rear slider onto the patio where Officer Hutchinson
and himself had positioned themselves. Officer Bucklin said that the first
suspect who exited, was the same one he had seen inside the residence
holding the black handgun.
Officer Bucklin said that be remembers yelling something similar to "Police
or Police Officer —freeze" at the suspects as they exit the residence. Officer
Bucklin said that as he yells at the suspects, the first suspect who is holding
a gun in his right hand turns toward he and Officer Hutchinson and that the
gun in the suspects hand is moving toward being pointed in their direction.
Officer Bucklin makes a movement with his hand to show how the suspect
held the gun somewhere at waist level. Officer Bucklin said that based on
the suspects actions, he was afraid that the suspect was going to shoot he and
Officer Hutchinson. Officer Bucklin said that he then hears Officer
PSPD-005104
47
Hutchinson fire as be fires his own gun at this suspect. Officer Bucklin
estimated that he was approx 8'- 10' away from this suspect when he shot at
him. He said that he fired 1-2 shots at the first suspect.
Officer Bucklin said that he saw this first suspect fall to the ground
following the shots. He said that he was unable to tell where this suspect's
gun had gone after he fell to the ground. He said that when this suspect fell,
he was no longer an immediate threat and ceased firing at him.
Officer Bucklin said that after this first suspect fell to the ground, he turned
his focus toward the second suspect who was approx 6'-8' behind the first
suspect closer to the sliding glass door that they exited from. Officer
Bucklin said that this suspect was facing he and Officer Hutchinson slightly
bent over. He said that this suspect had an object in his right hand that he
believed it was a gun, and that he was coming up with it. Officer Bucklin
said that he fired one round at this second suspect when he feared that he
may shoot at he and Officer Hutchinson. Officer Bucklin said that he did
not fire any additional rounds at this suspect because he fell and was no
longer a threat. Officer Bucklin said that after both suspects fell to the
ground, he advised PSPD dispatch that shots had been fired and requested
medical aid.
Officer Bucklin said that he did not handcuff either of the suspects and stood
by until Sgt. Abshire came to the rear of the residence and contacted him.
Officer Buckliri said that he gave a public safety statement to Sgt. Abshire..
Officer Bucklin said that he told Sgt. Abshire that he fired a total of 2-3
rounds and in what direction. (See, Sgt. Abshire's supplemental report for
further on this public safety statement).
Officer Bucklin said that the ammunition he fired during this incident was
all department issued. He said that he did not use any other force options or
hands on techniques during this incident,
PSPD-005105
M
On 10-22-2008, an administrative interview was scheduled with Officer
Bucklin and his attorney Robert Krause. This interview had taken place in
the patrol Sergeants office and started at 1621 hrs. This interview was tape
recorded using an audio cassette recorder. Present during this interview was
Sgt. Matt Beard, Sgt. Abe Tokier, Officer Gerald Bucklin and Attorney
Robert Krause.
Officer Bucklin was read his Miranda Rights from a pre-printed Miranda
form. Officer Bucklin acknowledged that he understood all of his rights and
singed the forin. Officer Bucklin invoked his Miranda rights when asked if
he wanted to talk about this incident. I then read Officer Bucklin a Lybarger
advisement from a pre-printed form. As I read Officer Bucklin this
advisement, Attorney Robert Krause waived any further reading of the
advisement and informed Officer Bucklin that he was being ordered to give
a statement. Officer Bucklin then signed and dated the Lybarger form
acImowledging that he understood his rights. Refer to attachment section for
both Miranda and Lybarger advisement forms. Attachment item#8
I then reiterated to Officer Bucklin that I was now ordering him to give a
statement in this administrative interview. The following is a summary of
this administrative interview given by Officer Bucklin.
Officer Bucklin said that on the date of this incident (10-21-2008), he was
originally sent to = Tiffany Cr. S. for a report of a home invasion robbery
where one of the suspects pointed a gun at the reporting party (�.
Officer Bucklin said that after the reporting party had been interviewed, he
learned that there were three suspects, one of which was armed with a
handgun. He said that it was confirmed in his mind that an attempted home
invasion robbery had taken place.
Officer Bucklin said that while he was at =Tiffany Cr. S., he was advised
that another reporting party (� was reporting that someone was trying
to get in through her front door ( Tiffany Cr. S). Officer Bucklin said
that he did not get any further information from this, reporting party.
PSPD-005106
49
Officer Bucklin said that at this point in this incident, he had formed the
opinion that these suspects were armed and looking to commit another home
invasion robbery.
Officer Bucklin said that he had gone over to the south side of this row of
houses and had been walking west searching for these suspects. He said that
his attention was brought to one of the condos when he noticed that the
interior was lit up, the rear sliding glass door was standing open and heard
voices coming from inside. Officer Bucklin said that he was not aware of
the address at this condo, but it was later determined to be M Tiffany Cr.
S.
Officer Bucklin said that he and, Officer Hutchinson had positioned
themselves on the east side of the patio in the area of the barbeque. He said
that they moved in and out of this area to afford themselves a better view
into the interior of the condo. Officer Bucklin said that the interior had
several lights on, and ambient lighting from inside made the patio area fairly
well lit.
Officer Bucklin said that from his vantage point which was behind Officer
Hutchinson, he was able to see a suspect holding a black handgun. He said
that this suspect with the handgun was the only person he was able to see.
Although he only saw this aimed suspect, he could tell from the voices
inside that there were several people inside this condo. He said that he could
hear loud talking and someone who was not so loud saying "OK—OK7.
Officer Bucklin said that based on these observations, he formed the opinion
that he was witnessing a home invasion robbery and anticipated a
confrontation with these armed and dangerous suspects.
At this point in this interview, we were getting into the most significant
portion of the incident.
For the purposes of this interview, 1 told Officer Bucklin that we would
designate the two suspects who exited the rear of the residence as suspects
#1 and #2. Although there were a total of three suspects involved in this
incident, We agreed to designate the first suspect who exited the rear sliding
glass door as suspect #I ( later identified as Goucher) and the second suspect
who exited the rear sliding glass door as suspect #2 (later identified as
Flores). I designated these suspects in this way because Officer Bucklin was
not aware of their names and to avoid confusion as to which person I would
be referring to during the interview.
PSPD-005107
W
Officer Bucklin said that when the suspects initially ran out of the rear
sliding glass door, he did not see the gun in either of the suspect's hands. It
was not until suspect 41 made it further out onto the patio that Officer
Bucklin was able to see a gun in his hand. At this point in the incident it was
determined that both Officers Bucklin and Hutchinson fired their weapons at
suspect # 1. Officer Bucklin had explained why he fired his weapon at
suspect #I in detail to criminal investigators during his voluntary interview.
I felt that Officer Bucklin adequately explained his actions, in regard to
suspect 41 and did not require any further justification. Officer Bucklin said
that he thought that suspect #I was the same suspect that he had originally
seen inside of the condo with the gun, but he could not be sure.
I then told Officer Bucklin that I wanted to focus this portion of the
interview on the actions of suspect #2,. Officer Bucklin said that he initially
noticed suspect 42 in his peripheral vision as he is watching suspect #1 run
across the patio. He said that he believed suspect #2 was positioned in
between the glass patio table and privacy wall when he first came into his
view. Officer Bucklin said that when he initially saw suspect #I exit the rear
sliding glass door, he yelled "Police —police officer —freeze". He said that
both suspects # I and 92 where in such close proximity to each other that
suspect #2 could not help but to hear this identification.
Officer Bucklin said that as he puts his focus on suspect #2, he iiTu-nediately
sees his right hand rapidly coming up with an object in it that he believes is a
weapon. Officer Bucklin said that at the time be fired shots at suspect 42,
his perception was that suspect #2 had a gun in his hand. Officer Bucklin
said that the suspect's actions caused him to fear or his own life as well as
Officer Rutchinson's. He said that suspect 42 was facing both he and
Officer Hutchinson at this time. Officer Bucklin said that his mindset at the
time of this incident was that all of the suspects were potentially armed with
guns. He based this opinion on his years of experience of past robbery type
crimes where suspects were an -tied with multiple weapons.
I questioned Officer Bucklin about the possibility of other force options for
deployment on suspect #2. Officer Bucklin said that in his opinion, no other
options were appropriate at that time. He based this opinion on his
perception that suspect 42 was armed with a gun and was about to shoot at
he and Officer Hutchinson.
PSPD-005108
51
Officer Bucklin said that following the shooting, he advised dispatch that
shots had been fired and made an immediate request for medical aid.
This interview was ended at 1642 hrs.
OUT BIAT
Criminal Investigators
On 10-21-2008, at 1024 hrs, Officer Hutchinson gave a voluntary statement
to the criminal investigators in this case. Prior to this interview, Officer
Hutchinson was advised that he was considered a victim in this criminal
investigation and was not advised of his Miranda rights. I witnessed this
voluntary statement given by Officer Hutchinson via the video feed in the
PSPD video evidence room. A full transcript of this interview can found in
the criminal investigation binder.
Officer Hutchinson gave PSPD investigators some foundation, information
about himself. Officer Hutchinson said that on the night of this incident, he
had been working graveyard patrol. He said that he was wearing a full
PSPD duty uniform and driving a marked PSPD police car. Tonight's shift
was his first day of work for the week. He said that he had slept 12 hours
the night before and felt fine prior to his shift. He said that he had not used
any medications, nor did he have any health issues recently.
Officer Hutchinson said that he had been dispatched to a call of a home
invasion or burglary on Tiffany Cir. He said that it was initially unclear if
the suspects had made entry or not, but it had been broadcast that a suspect
was armed with a handgun. Officer Hutchinson said that he could not
remember the street numbers on Tiffany Cir, but remembered that he was
probably second or third on scene.
Officer Hutchinson said that this initial reporting party was interviewed and
learned that two to three suspects had attempted to break into this residence.
The reporting party said that when he confronted the suspects, one of them
pointed a handgun at him and thought that he may have fired a round at him.
He said at one point, the suspects attempted to kick in his front door before
fleeing the area toward the street. This reporting party described the
suspects as possibly Hispanic males wearing dark clothing.
PSPD-005109
WN
Officer Hutchinson said that while he was at this first residence, he learned
of a second caller in the 1100 block of Tiffany Cr. S. He said that he learned
that this reporting party said that she heard Hispanic voices outside and loud
knocking on her door. This reporting party was unable to tell how many
suspects were outside and was unable to understand what they were saying.
Officer Hutchinson said that he, Officer Bucklin and two or three other
officers went over to the south side of this row of structures between them
and the wash. He said that he felt that these suspects were working their
way west. He said that he walked approx three or four condos west of the
suspects last known location (M Tiffany Cr. S.) and noticed that a sliding
glass door was standing open.
Officer Hutchinson said that they approach this sliding glass door and
noticed that the blinds were open and pushed to the side. He said that the
interior was lit up and that they had a clear unobstructed view of the condo's
interior. He described the lighting conditions on the patio as kind of dark,
but the interior was well lit. Officer Hutchinson said that he could hear
voices coming from inside the condo and peeked around the comer to get a
better look.It was now that Officer Hutchinson said that he could see
several males running around the interior of the condo. One of these males
was wearing a black hooded sweatshirt with the hood over his head. He said
that he was then able to hear people saying "give me your keys —where are
your fucking keys". Officer Hutchinson said that at this point, he is able to
see one of the suspects standing in the kitchen with a gun in his hand. He
said that he could not see if this suspect was pointing the gun at anyone, but
it was pointed in an easterly direction. Officer Hutchinson said that he then
heard another voice say "Don't do that --take what you need and go".
Officer Hutchinson said that he then formed the opinion that he was
observing a home invasion robbery. Officer Hutchinson said that he
informed all of the other officers with him on the south side of the residence
what he had observed. He said that all of the other officers, except.Officer
Bucklin left the south side at that point and went to other locations around
the residence.
Officer Hutchinson said that several minutes passed before he heard officers
yelling commands at someone at the front of the condo, He said that he
hears "police get down" repeatedly then hears radio traffic that two suspects
have run back into the house. Officer Hutchinson said that he turned to
PS P D-0051 10
W
Officer Bucklin and told hiin that it sounded as if the suspects were headed
back toward them.
Officer Hutchinson said that he and Officer Bucklin had taken some cover
behind a wall on the southeast side of the patio in anticipation of the
suspects coming out of the residence. He said that he then saw a suspect
come running out of the rear sliding glass door of the condo. He said that he
could see that this suspect has a gun in what he recalls was his right hand.
He said that the suspect was holding the gun up as he ran across the patio.
Officer Hutchinson said that he and Officer Bucklin both began yelling
"police, drop the gun" repeatedly at this suspect. Officer Hutchinson said
that the suspect traveled about 10' outside of the rear sliding glass door, at
which point, the suspect turned his body and began to raise the gun in their
direction. Officer Hutchinson said that he heard a gunshot go off and did not
know if it was Officer Bucklin who had fired this shot. He said that he then
began to fire what he believed to be 2-3 gunshots at this suspect. Officer
Hutchinson said that this suspect fell to the ground and he saw the gun fall
out of his hand. He said that after this suspect fell to the ground, he did not
fire any additional shots as he felt he was no longer an immediate threat.
Officer Hutchinson said that as the first suspect fell to the ground, he
immediately noticed another suspect behind the first suspect also on the
patio. Officer Hutchinson said that he saw a dark object in this suspects
hand and gives him repeated orders to "drop it". Officer Hutchinson said
that this suspect then puts his hands in his waistband and he is not sure if this
suspect is trying to load a weapon or what he is trying to do. Officer
Hutchinson said that he was not able to clearly see the suspect's waistband
and believes that he has a weapon. Officer Hutchinson said that this
suspects is also moving back towards the rear sliding glass door that they
had used to exit the condo. He said he felt that this suspect was about to
shoot at he and Officer Bucklin, or run back into the condo and take the
victim as a hostage. Officer Hutchinson said that during this confrontation,
he gave repeated orders to the suspect to "stop —drop it" which the suspect
ignored. Officer Hutchinson said that because of these observations, he fired
one to two shots at this suspect. He estimated that this suspect was approx
five feet away from him when he fired. He said that he believes that his
shots struck this suspect in his chest. Officer Hutchinson said that following
the shots, the suspect dropped the objects in his hand and fell to the ground.
Officer Hutchinson said that as the suspect lay on the ground, both of his
hands were on top of his shirt. Officer Hutchinson said that he took cover
PSPD-0051 11
54
and gave this suspect orders to keep his hands away from his waistband.
Officer Hutchinson said that he could see both of the suspect hands and that
he was no longer an immediate threat and no further shots were fired at that
time.
Officer Hutchinson said that while he covered this second suspect, Officer
Bucklin had shifted his attention back toward the first suspect who had been
shot. Officer Hutchinson said that after both of the suspects fell to the
ground, they advised dispatch that shots had been fired and requested
medical aid respond to the scene. Officer Hutchinson said that neither of the
suspects had been handcuffed following this shooting.
Officer Hutchinson said that he and Officer Bucklin remained with the
suspect until Sgt. Abshire came to the rear of the house took them away from
the scene. Officer Hutchinson said that Sgt. Abshire asked him for a public
safety statement about this shooting incident. Officer Hutchinson said that
he gave Sgt. Abshire a statement about how many rounds he fired and in
which direction. He said that this statement to Sgt. Abshire was consistent
with the information that he gave in this voluntary statement to criminal
investigators.
Officer Hutchinson said that he had ball ammunition loaded into the
his weapon when he fired the shots in this
magazine and chamber of i
incident. He said that this ball ammunition was department issued to him
during SWAT training that had occurred on 10-19-2008. Officer Hutchinson
said that he had not changed the ball ammunition out of his gun following
range training,
Officer Hutchinson recalled the lighting on the patio to be dark, but not pitch
black. He said although he did not use his flashlight, the suspects were very
clear to him prior to and during the firing of his shots at them.
PSPD-005112
55
Officer Hutchinson Administrative Interview
On 10-22-2008, an administrative interview was scheduled with Officer
Hutchinson and his attorney Robert Krause. This interview had taken place
in the patrol Sergeants office and started at 1600hrs. This interview was tape
recorded using an audio cassette recorder. Present during this interview was
Sgt. Matt Beard, Sgt. Abe Tokier, Officer William Hutchinson and Attorney
Robert Krause..
Officer Hutchinson was read his Miranda Rights from a pre-printed Miranda
form. Officer Hutchinson acknowledged that he understood all of his rights
and signed the form. Officer Hutchinson invoked his Miranda rights when
asked if he wanted to talk about this incident. I then read Officer
Hutchinson a Lybarger advisement from a pre-printed form. As I read
Officer Hutchinson this advisement, Attorney Robert Krause waived any
further reading of the advisement and informed Officer Hutchinson that he
was being ordered to give a statement. Officer Hutchinson then singed and
dated the Lybarger form acknowledging that he understood his rights. Refer
to attachment section for both Miranda and Lybarger advisement forms.
Attachment item#7
I then reiterated to Officer Hutchinson that I was now ordering him to give a
statement in this administrative interview. The following is a summary of
this interview.
Officer Hutchinson said that on the night of this incident (10-21-2008) he
had been dispatched to a possible residential burglary in progress at 1331
Tiffany Cr. S. Officer Hutchinson said that after officers arrived to this
location and contact the reporting party, it appeared to be something more
than an attempted burglary. Officer Hutchinson said that this first call was
most likely an attempted home invasion robbery. He said that he learned
from this reporting party (� that one of the suspects in this incident had
pointed a gun at him (�. � also thought that this suspect may
have fired a gunshot at him.
Officer Hutchinson said that while investigating the incident at M Tiffany
Cr. S., he learned of another call a couple of hundred yards west of this
location. Officer Hutchinson said that he later learned from this reporting
PSPD-005113
56
party that several Hispanic males had knocked on this reporting party's front
door that caused her, to phone the police department.
Officer Hutchinson said that because of this latest information, he suspected
that these were possibly the saine suspects as the previous call ate
Tiffany Cr. S. and they were working their way west. He also thought that
they were looking to attempt another home invasion robbery. He said that
his mindset at the time was that they were in hot pursuit of armed, dangerous
and confrontational subjects.
Officer Hutchinson said that he began working his way west along the south
side of the structures which is also bordered by the storm channel further to
the south. He said that approx 4-5 condo's west of the second caller M
Tiffany Cr. S) he noticed an open sliding glass door with lights on and the
blinds pushed to the side. Officer Hutchinson said that he moved closer to
this slider to get a better view of the interior of the condo. Officer
Hutchinson said that from this vantage point, he was able to see several
males inside. One of these males was wearing a black hooded sweatshirt
with the hood pulled over his head. Officer Hutchinson estimated that there
were three suspects inside with what he believed to be a victim as well. He
described this victim as a tall, thinner, white male adult.
Officer Hutchinson said that he heard angry voices coming from inside, and
also another voice which he said sounded scared. Officer Hutchinson felt
that the scared voice was that of the victim. He said at this point he notices a
suspect with a handgun pointing it in an easterly direction. He said that he
could not see who or what the gun was pointing at. Officer Hutchinson said
that he has now formed the opinion that he is witnessing a home invasion
robbery.
At this point in this interview, we were getting into the most significant
portion of the incident.
For the purposes of this interview, I told Officer Hutchinson that we would
designate the two suspects who exited the rear of the residence as suspects
# I and #2. Although there were a total of three suspects involved in this
incident, We agreed to designate the first suspect who exited the rear sliding
glass door as suspect #I ( later identified Goucher) and the second suspect
who exited the rear sliding glass door as suspect 42 (later identified as
Flores). I designated these suspects in this way because Officer Hutchinson
was not aware of their names and to avoid confusion as to which person I
PSPD-005114
57
would be referring to during the interview.
Officer Hutchinson said that he had learned that at least one of the suspects
had exited the front of the residence and was tasered by officers. He said
that radio traffic was broadcast that the remaining suspects were running
back into the condo. Officer Hutchinson said that he and Officer Bucklin had
taken some cover on the southeast side of the patio in the area of the
barbeque. He said that this area gave them some cover, but also►
concealment while looking into the open sliding glass door.
Officer Hutchinson said moments later, two suspects came running out of
the rear sliding glass door onto the south side patio where he and Officer
Bucklin had positioned themselves. He said that as the two suspects came
onto the patio, he noticed that suspect #I had gun in his right hand. He
said that suspect #1 traveled south across the patio making his way between
the glass patio table and the west side privacy wall of the partially walled
patio area. At this point in this incident, shots had been fired at this first
suspect. I did not question Officer Hutchinson further about his decision to
shoot this first suspect. During the interview that Officer Hutchinson gave
to criminal investigators, he adequately explained his reasons for firing at
this suspect which I did not feel needed to be re -explained.
I now told Officer Hutchinson that I wanted to focus on the actions of the
second suspect. Officer Hutchinson said that he first noticed suspect #2
within seconds of the last shots being fired at suspect 41. He said that his
attention was immediately drawn to the sounds of suspect #2 running out of
the rear sliding glass door. Officer Hutchinson estimated that both suspects
had exited the rear sliding glass door within seconds of each other.
Officer Hutchinson said that suspect #2 was in the area of the glass patio
table when he directed his attention to him. He said that suspect #2 had a
dark object in one of his hands that he was not able to immediately
recognize, but he feared it was a handgun. Officer Hutchinson said that he
ordered the suspect to drop the item several times. He said that the suspect
was originally facing him then appeared to turn as if to run back into the
condo. Officer Hutchinson said that as suspect #2 turns to his left, his hands
went into his waistband area. Officer Hutchinson said that when the suspect
had his hands in the area of his waistband, he appeared to be manipulating
something. He said that he feared that the suspect was trying to load, reload
or put a round in the chamber of a gun. Officer Hutchinson said that during
PSPD-005115
58
this time, he had given the suspect several orders to "drop it" which the
suspect ignored.
Officer Hutchinson said that he could not allow the suspect to get back into
the residence and harm the victim or take him hostage. He also said that he
feared that the suspect might try and shoot back at he and Officer Bucklin.
Officer Hutchinson said that because of these reasons, he immediately fired
one to two gunshots at the second suspect. Officer Hutchinson said that
following the gunshots, suspect 42 dropped the objects in his hand and fell
to the ground. Officer Hutchinson reiterated that the objects in suspect #2's
hands were dark and he was unable to make them out completely, but he
definitely thought that suspect 42 had a handgun in one of his hands.
Officer Hutchinson said that he was unable to identify suspect #1 or suspect
#2 as the suspect he originally saw inside of the condo kitchen armed with
the handgun. He said at the time of the shooting, he was unsure which
suspect was the one inside with the gun. He also said that in his mind, based
on his experience that multiple suspects are armed when committing these
types of crimes.
Officer Hutchinson said that he remembers medical aid being requested
following the shots being fired, but cannot recall if it was he or Officer
Bucklin that made the request.
I questioned Officer Hutchinson about the viability of other force options for
use on suspect 42. Officer Hutchinson said that in his opinion no other
forms of force were appropriate at that time. He gave the reasoning that he
was confronting someone who was potentially armed and could shoot at he
and Officer Bucklm, or re-entering the condo and take a hostage. He added
that this confrontation was happening very quickly and other force options
could not have been deployed.
T questioned Officer Hutchinson about full metal jacket (Ball ammunition)
that was loaded into the magazine and barrel of his gun when inspected by
criminal investigators. Officer Hutchinson said that he had recently attended
SWAT training on Sunday 10-19-2008 where he loaded department issued
training ammunition (Ball ammunition) into his magazine and gun. He said
that he forgot to change out this training ammunition following the SWAT
training day.
PSPD-005116
59
This administrative interview was concluded at, 1613 hrs.
I later reviewed the California Penal Code Sections W, 417.41 196, 197,
835a, and Section 405.00 of the Palm SpringsPolice Department Operations
Manual. I also reviewed the Graham v. Connor case.
California Penal Code Section 148 states.L
Resisting, Delaying, or Obstructing Officer
(a) (1) Every person who willfully resists, delays, or obstructs any public
officer, peace officer, or an emergency medical technician, as defined in
Division.2.5 (commencing with Section 1797) of the Health and Safety
Code, in the discharge or attempt to discharge any duty of his or her office
or employment, when no other punishment is prescribed, shall be punished
by a fine not exceeding one thousand dollars ($ 1,000), or by imprisonment
in a county jail not to exceed one year, or by both that fine and
imprisonment.
Every person who, except in self-defense, draws or exhibits an imitation
firean,n, as defined in Section 12550, in a threatening manner against another
in such a way as to cause a reasonable person apprehension or fear of bodily
harm is guilty of a misdemeanor punishable by imprisonment in a county jail
for a term of not less than 30 days.
PSPD-005117
60
187. (a) Murder is the unlawful killing of a human being, or a fetus, with
malice aforethought.
(b) This section shall not apply to any person who commits an act that
results in the death of a fetus if any of the following apply:
(1) The act complied with the Therapeutic Abortion Act, Article 2
(commencing with Section 123400) of Chapter 2 of Part 2 of Division 106
of the Health and Safety Code.
(2) The act was committed by a holder of a physician's and surgeon's
certificate, as defined in the Business and Professions Code, in a case where,
to a medical certainty, the result of childbirth would be death of the mother
of the fetus or where her death fi-om. childbirth, although not medically
certain, would be substantially certain or more likely than not.
(3) The act was solicited, aided, abetted, or consented to by the mother of
the fetus.
(c) Subdivision (b) shall not be construed to prohibit the prosecution of
any person under any other provision of law.
Homicide is justifiable when committed by public officers and those acting
by their command in their aid and assistance, either-
2. When necessarily committed in overcoming actual resistance to the
execution of some legal process, or in the discharge of any other legal
duty; or,
3. When necessarily committed in retaking felons who have been rescued or
have escaped, or when necessarily committed in arresting persons
charged with felony, and who are fleeing from justice or resisting such
arrest.
PSPD-005118
rom
Homicide is also justifiable when committed by any person in any of the
following cases:
1. When resisting any attempt to murder any person, or to commit a felony,
or to do some great bodily injury upon any person; or,
2. When committed in defense of habitation, property, or person, against one
who manifestly intends or endeavors, by violence or surprise, to commit a
felony, or against one who manifestly intends and endeavors, in a violent,
riotous or tumultuous manner, to enter the habitation of another for the
purpose of offering violence to any person therein; or,
3. When committed in the lawful defense of such person, or of a wife or
husband, parent, child, master, mistress, or servant of such person, when
there is reasonable ground to apprehend a design to commit a felony or to do
some great bodily injury, and imminent danger of such design being
accomplished; but such person, or the person in whose behalf the defense
was made, if he was the assailant or engaged in mutual combat, must really
and in good faith have endeavored to decline any further struggle before the
homicide was committed; or,
4. When necessarily committed in attempting, by lawful ways and means, to
apprehend any person for any felony committed, or in lawfully suppressing
any riot, or in lawfully keeping and preserving the peace.
I. .
835a., Any peace officer who has reasonable cause to believe that
the person to be arrested has committed a public offense may use
reasonable force to effect the arrest, to prevent escape or to
overcome resistance.
A peace officer who makes or attempts to make an arrest need not
retreat or desist from his efforts by reason of the resistance or
threatened resistance of the person being arrested; nor shall such
PSPD-005119
62
officer be deemed an aggressor or lose his right to self-defense by
the use of reasonable force to effect the arrest or to prevent escape
or to overcome resistance.
Use of Force
Department members are reminded that the use of force is discretionary to
sworn officers to control violent behavior in order to:
Overcome resistance to arrest
2. Protect the safety of persons or property
11
.3. Defend against attack
Personnel of this department are expected to use good judgment and each
situation will dictate the level of force to be used.
Graham v. Connor states:
The use of force is governed by an objective reasonableness standard.
Objective reasonableness is determined from the perspective of a reasonable
person on scene rather than with 20/20 vision of hindsight and must embody
the allowance for the fact that police officers are often forced to make split-
second judgments in circumstances that are often tense, uncertain, and
rapidly evolving Graham v. Connor (1989) 490 US, 3 86.
I rRywil 1 11 X I I
Did Officer Hutchinson use reasonable force in effecting an arrest or
stopping suspects Flores and Goucher's threat against him and Officer
Bucklin. In response to this portion of the investigation, we find that Officer
Hutchinson acted appropriately and did not violate any laws, policies, rules,
or ordinances.
PSPD-005120
63
Did Officer Bucklin use reasonable force in effecting an arrest or stopping
suspects Flores and Goucher's threat against him and Officer Hutchinson. In
response to this portion of the investigation, we find that Officer Bucklin
acted appropriately and did not violate any laws, policies, rules, or
ordinances.
Did Officer Hutchinson violate any Palm Springs Police Department policies
during this event? In response to this portion of the investigation, we find
that Officer Hutchinson acted appropriately in his decision to use force, but
did violate section 500.08 of the Palm Springs Police Department manual.
Officer Hutchinson admitted to shooting these suspects with training
ammunition (FMJ- Ball ammunition) after failing to reload his handgun with
authorized pistol ammunition.
500.08 of the Palm Springs Police department manual authorizes the
following types of ammunition for duty use.
9mm Winchester Ranger
.40 caliber Winchester Ranger
.45 ACP Winchester Ranger
.380 Auto Winchester brand jacketed hollow point
.38 Special + P Winchester brand jacketed hollow point
.22 Long -rifle CCI Stinger brand
Did Officer Bucklin violate any Palm Springs Police Department policies
during this event? In response to this portion of the investigation, we find
that Officer Bucklin acted appropriately and did not violate any laws, rules,
policies or ordinances.
I reviewed both Officer Hutchinson's as well as Officer Bucklin's range
records and they were both current and up to date. Refer to the attachment
section for copies of both Officer Bucklin's and Off cer Hutchinson's Palm
Springs Police Department range training records.
I reviewed Officer Steepleton's use of force report for its deployment on the
PSPD-005121
Wq
suspect Arquieta. I also reviewed reports written by Officers Larson and
Bridgewater. In response to this portion of the investigation, we find that
Officer Steepleton did not violate and laws, rules, policies or ordinances.
MMMMMIRM!
Based on evidence reviewed in this case, witness statements and statements
given by Officers Bucklin and Hutchinson, we find that these officers acted
appropriately in their use of force on the suspects Flores and Goucher. We:
find that the decision to use deadly force for the perceived threat of great
bodily harm to themselves did not violate any laws, rules, policies or
ordinances.
We do find that Officer Hutchinson did violate section 500.08 of the Palm
Springs Police Department manual. Officer Hutchinson failed to remove
training ammunition from his handgun following a SWAT training day.
Because of this oversight, Officer Hutchinson did shoot the suspects
Goucber and Flores with department issued training ammunition. Although
this ammunition is department issued, it is not authorized for on duty use.
We find that both Officers Hutchinson and Bucklin were acting within the
scope of their employment as, Palm Springs Police Officers. They were
lawfully within this area conducting a criminal investigation. Upon locating
this in progress crime, they had an obligation to protect the life of the victim
in this incident. The also had probable cause to arrest the suspects Goucber
and Flores for felony crimes. We find that both officers used force that was
reasonable under the circumstances. Based on the actions of the suspects
both officers perceived an imminent threat to their lives and fired their
weapons in self defense. In addition to the threat to their personal safety, the
officers also fired their weapons to prevent suspect #2 from re-entering the
condo. They feared that if he made it back into the residence, he could
possibly have taken the victim hostage.
ossi
We find that both officers used good officer safety tactics in their use of
cover and concealment while observing this in progress crime. They were
faced with watching a violent felony occurring before their eyes. Both
officers remained calm and made reasonable force decisions.
PSPD-005122
65
Attachments:
Criminal Investigation binder:
Crime reports completed by:
Officer Flinn
Detective Kovaleff
Detective Galvan
Sergeant Abshire
Officer Grisson
Officer Steepleton
Officer Larson
Officer Bridgewater
Officer Jaeger
Detective Long
Custody Officer Tackett
Crime Scene Tech Johnson
CSO Fitzsimmons
Officer Mike Donovan
Officer Iseminger
Detective Chassie
Detective Vega
CSO Crochetiere
Detective Carr
Officer Alan Donovan
Transcripts of interviews with Officer Hutchinson and Officer Bucklin
Transcript of interview with suspect Arquieta
Crime Scene Photos
Photos of officers and weapons
Crime scene log
C11 suspect Arquieta
C11 suspect Flores
C11 suspect Goucher
PSPD-005123
m
Main Binder Attachments:
1. (3') CIA's crime scene photos
2. Interior diagram of victim residence
. Notice of Administrative relief from duty (Hutchinson)
4. Notice of Administrative relief from duty (Bucklin)
5. Garrity notice (Hutchinson)
+6. Garrity notice (Bucklin)
7. Miranda/Lybarger advisement (Hutchinson)
. Miranda/Lybarger advisement (Bucldin)
9. PSPD dispatch. tapes
10. PSPD 911 tapes
11. Audio/video tape Hutchinson statement to criminal investigators
12. Audio/video tape Buclin statement to criminal investigators.
13. Audio tape of Hutchinson administrative interview
1.4. Audio tape of Bucklin administrative interview
15. PSPD event record
16. PSFD event record
17. CD suspect Arcluieta interview
18. CDC victim VanHouten interview
19. Amaorer's inspection report (Bucklin)
20. Armorer's inspection report (Hutchinson)
21. Lange records (Bucklin)
22. Lange records (Hutchinson)
PSPD-005124
M,
This Officer Involved shooting investigation was completed by:
1311 M M- M.3 I Ws
Date
IBM
PSPD-005125
PSPD-005126
PSPD-005127
CONFIDENTIAL MEMORANDUM
PALM SPRINGS POLICE DEPARTMENT, OFFICE OF * P
��'NSPAFXfiSP���
DATE: October 21, 1008
TO: William Hutchinson, Police Officer
FROM: David Dominguez, Police Chief
SUBJECT: Officer Involved Shooting —Administrative Relief from Duty
Effective this date you are placed on administrative "Relief from Duty" leave pursuant to
the shooting in which you were involved. This memorandum will remain in effect
pending a release back to duty from The Counseling Team.
As a reminder, while you are on administrative "Relief from Duty", you are to remain.
available by phone during the hours and days as directed.
Once notification is received in this office from The Counseling Team that you are
released to return to duty, you will assume your normal shift and duties.
DAVID G. DOMIiN Z
Chief of Police
DGD:rm
cc: File
Received and Acknowledged:
William Hutchinson, Police Officer
Date
PSPD-005128
IN
SpAldl65Y�" .
�k k *4.
DATE: October 21, 2008
TO: Gerald Bucklin, Police Officer
FROM: David Dominguez, Police Chief
SUBJECT: Officer Involved Shooting —Administrative Relief from Duty
Effective this date you are placed on administrative "Relief from Duty" leave pursuant to
the shooting in which you were involved. This memorandum will remain in effect
pending a release back to duty from The Counseling Team.
As a reminder, while you are on administrative "Relief from Duty", you are to remain
available by phone during the hours and days as directed.
Once notification is received in this office from The Counseling Team that you are
released to return to duty, you will assume your normal shift and duties.
DAVID G. DOMINGUE
Chief of Police
DGD-rm Received and Acknowledged:
cc: file
Gerald Bucklin, Police Officer
Date
PSPD-005129
DATE: October 21, 2008
TO: Officer Hutchinson
FROM: Sgt. Matt Beard
SUBJECT: OIS
An investigation is currently being conducted due to an officer involved shooting that
occurred on October 21Sf, 2008. A formal interview with you is necessary to complete
this investigation to determine if the policies and procedures of the Palm Springs Police
Department, and current law were followed throughout your involvement in this incident.
/ lip fc�i ✓
u arg to report to the Pal S rings Police Department on
to answer questions relating to this investigation.
I will be the 6fficer in charge of the interrogation. No other officers are scheduled to
attend this interview. All questions during the interrogation shall be asked, by or
through, no more than two interrogators at one time.
The complete interrogation will be recorded. You will have access to the tape if any
further proceedings are contemplated or prior to any further interrogation at a
subsequent time. You have the right to bring your own recording device and record any
and all aspects of the interrogation. You will be entitled to all reports and for complaints
made by investigators or other persons, except those that are deemed by the
Department to be confidential. No notes or reports that are deemed to be confidential
by the department will be entered into your personnel file.
You have the right to be represented by a representative of your choice who may be
present at all times during the interrogation. This representative shall not be a person
subject to the same investigation. Your representative shall not be required to disclose,
nor be subject to any punitive action for refusing to disclose, any information received
from you while under investigation in non -criminal matters.
You will not be subject to visits by the press or news media without your express
consent. Neither your home address nor photograph will be given to the press or news
media without your express consent.
If this interrogation occurs during off duty time, you shall be compensated for your
time in accordance with regular department procedures.
If prior to, or during the interrogation, it is deemed that you may be charged with a
criminal offense, you shall be immediately informed of you constitutional rights. You are
advised that your rights are fully outlined in the Public Safety Officers Procedural Bill of
Rights Act, Government Code Sections 3300-3311.
If you have any questions prior to the interrogation, please do not hesitate to call.
My phone number is 760-323-8115.
PSPD-005130
10/21 /2008
Page 2 of 2
aftLea,,d 1 Sergea�
William Hutchinson / Officer
16 _�- 0
6 .-
Date
A)
Date l
PSPD-005131
DATE:
October 21, 2008
TO:
Officer Bucklin
FROM:
Sgt. Matt Beard
SUBJECT:
OIS
An investigation is currently being conducted due to an officer involved shooting that
occurred on October 215t, 2008. A formal interview with you is necessary to complete
this investigation to determine if the policies and procedures of the Palm Springs Police
Department, and current law were followed throughout your involvement in this incident.
._ r, You are to report to the Palm Springs Police Department on
r�lo 0 C2YOD to answer questions relating to this investigation.
I will be thefo icer in charge of the interrogation. No other officers are scheduled to
attend this interview. All questions during the interrogation shall be asked, by or
through, no more than two interrogators at one time.
The complete interrogation will be recorded. You will have access to the tape if any
further proceedings are contemplated or prior to any further interrogation at a
subsequent time. You have the right to bring your own recording device and record any
and all aspects of the interrogation. You will be entitled to all reports and for complaints
made by investigators or other persons, except those that are deemed by the
Department to be confidential. No notes or reports that are deemed to be confidential
by the department will be entered into your personnel file.
You have the right to be represented by a representative of your choice who may be
present at all times during the interrogation. This representative shall not be a person
subject to the same investigation. Your representative shall not be required to disclose,
nor be subject to any punitive action for refusing to disclose, any information received
from you while under investigation in non -criminal matters.
You will not be subject to visits by the press or news media without your express
consent. Neither your home address nor photograph will be given to the press or news
media without your express consent.
If this interrogation occurs during off duty time, you shall be compensated for your
time in accordance with regular department procedures.
If prior to, or during the interrogation, it is deemed that you may be charged with a
criminal offense, you shall be immediately informed of you constitutional rights. You are
advised that your rights are fully outlined in the Public Safety Officers Procedural Bill of
Rights Act, Government Code Sections 3300-3311.
If you have any questions prior to the interrogation, please do not hesitate to call.
My phone number is 760-323-8115.
PSPD-005132
10/21/2008
Page 2 of 2
"NMA tt B and I Serge�qnt Date
—o6
herald E46klin I Offi C-6r" Date
PSPD-005133
"While you have the right to remain silent with regard to any
criminal investigation, you do not have the right to refuse to answer
my questions as part of an administrative investigation such as I am
presently conducting. Accordingly, I am ordering you to answer .all
of my questions fully and honestly. If you refuse to answer my
questions, your silence can be deemed insubordination and result
in administrative discipline, up to and including termination.
As a general rule, the use of any statement you make under
compulsion of the threat of such discipline is limited to
administrative purposes only. However, you should also be aware
that there are certain legal exceptions that may allow your
statements to be used in any subsequent civil proceeding by the
Department seeking civil sanctions against you or any other officer,
as well as in any civil or administrative actions brought by you, or
your exclusive representative, arising out of a disciplinary action.
Further, your statements may be used in a court of law or
subsequent administrative proceeding to impeach your testimony at
that proceeding after the court reviews your statements to
determine whether these statements serve to impeach your
testimony. In the unfortunate event of your death, your statements
may also be used for all purposes during a court or subsequent
administrative proceeding.
Where the Department is under a legal obligation to do so, your
statements will also be produced to any subpoenaing party in state
or federal court, including the U.S. Attorneys' Office or
representatives from the Department of Justice. Though your
statements may have to be produced to a subpoenaing party, these
statements usually cannot be used against you in court unless the
judge first determines that the use of your statements does not
violate your Fifth Amendment rights.
The Department recognizes that you are not waiving your Fifth
Amendment right to remain silent and we will not be providing any
PSPD-005134
criminal investigator with access to this interview absent a court
order to do • In the event that any criminal investigator insists on
access, we will notify you of the request for access and you will be
given the opportunity to oppose such efforts as you and your
counsel see fit.
It is the Department's position that there are adequate safeguards
to prevent the use of this statement against you in the event of
criminal prosecution. Therefore, it is my responsibility to complete
this administrative interview, and I remind you that you may face
disciplinary action up to, and including, termination if you refuse to
cooperate with this lawful order to answer my questions."
Officer Signatupq�---
Officer William Hutchinson
Witness Signature
IL
Date
CV) 0
Date
h
PSPD-005135
MIRANDA WARNING
Due to the nature of this administrative investigation, Government Code 3303(h)
requires me to advise you of your constitutional rights. Therefore, it is important
that you understand that criminally.,
*You have the right to remain silent.
*Anything you say may be used against you in court.
*You have the right to an attorney before and during questioning.
*Do you understand each of these rights that 1 have explained to you?
Yes 7 No
*With these rights in ' d, would you like to speak to me now?
Yes No
Officer Signature—_-,..
Officer William Hutchinson
Witness Signature
Date
S—
Date
PSPD-005136
3=
"While you have the right to remain silent with regard to any
criminal investigation, you do not have the right to refuse to answer
my questions as part of an administrative investigation such as I am
presently conducting. Accordingly, I am ordering you to answer all
of my questions fully and honestly. If you refuse to answer my
questions, your silence can be deemed insubordination and result
in administrative discipline, up to and including termination.
As a general rule, the use of any statement you make under
compulsion of the threat of such discipline is limited to
administrative purposes only. However, you should also be aware
that there are certain legal exceptions that may allow your
statements to be used in any subsequent civil proceeding by the
Department seeking civil sanctions against you or any other officer,
as well as in any civil or administrative actions brought by you, or
your exclusive representative, arising out of a disciplinary action.
Further, your statements may be used in a court of law or
subsequent administrative proceeding to impeach your testimony at
that proceeding after the court reviews your statements to
determine whether these statements serve to impeach your
testimony. In the unfortunate event of your death, your statements
may also be used for all purposes during a court or subsequent
administrative proceeding.
Where the Department is under a legal obligation to do so, your
statements will also be produced to any subpoenaing party in state
• federal court, including the U.S. Attorneys' Office or
representatives from the Department of Justice. Though your
statements may have to be produced to a subpoenai . ng party,, these
in court unless the
judge first determines that the use of your statements does not
violate your Fifth Amendment rights.
The Department recognizes that you are not waiving your Fifth
Amendment right to remain silent and we will not be providing any
PSPD-005137
criminal investigator with access to this interview absent a court
order to do so. In the event that any criminal investigator insists on
access, we will notify you of the request for access and you will be
given the opportunity to oppose such efforts as you and your
counsel see fit.
It is the Department's position that there are adequate safeguards
to prevent the use of this statement against you in the event of
criminal prosecution. Therefore, it is my responsibility to complete
this administrative interview, and I remind you that you may face
disciplinary action up to, and including, termination if you refuse to
cooperate with this lawful order to answer my questions."
Officer Sig tore /
Officer Gerald Bucklin
Date
/6 �
Date
lO-ZZ-D�
PSPD-005138
MIRANDA WARNING
Due to the nature of this administrative investigation, Government Code 3303(h)
requires me to advise you of your constitutional rights. Therefore, it is important
that you understand that criminally.
*'You have the right to remain silent.
*Anything you say may be used against you in court.
*You have the right to an attorney before and during questioning.
*Do yonderstand each of these rights that 1 have explained to you?
Yes No
*With these rights in mind, would you like to speak to me now?
Yes No
Office signq
Officer Gerald Bucklin
Date
Date
l� -zz-6- 'Ug-
PSPD-005139
Fire Call 9200806733
Page I of 2
i I 1 11 RIRIE!
Priority:1 Type:MA - MEDICAL AID
Location: = TIFFANY CI S,PS
LocCross:btwn TIFFANY CI W and S HERMOSA DR
PrimeUnit,T441 Dispo:32 Type:MA - MEDICAL AID
Agency:FD Group:FD StationoMED, Zone:V30
Case #:FR2008005819 r Detail
04:30:15 CREATE Location TIFFANY CI S,PS Type:MA Group:FD Area:V30
TypeDesc:MEDICAL AID LocCross:btwn TIFFANY CI W and S HERMOSA DR
Priority:1 Response:32FR Agency:FD Map:249-V30 LocType:S
04:30:48 ENTRY Comment:2 SHOOTING VICT
04:30:48 -PREMIS Comment:CE
04:30:49 NOMORE
04-30:51 SELECT
04:31:32 DISP 1'441
04:31:32 DISP E441
04:31:32 -PRIM T44-1
04:32:08 PRMISE Location:= TIFFANY CI S,PS PremType:CE
04:33:09 BACKUP E444 UnitID:E441
04:33:27 PRMISE Location: TIFFANY CI S,PS PremType:CE
04:34:29 ENRTE T414 11 E41411
04:34§29 -CASE E444 Case#:FR2008005819
04:34:46 MISC Comment:AMR ADVISED TO SEND 3 AMR UNITS
04:35:21 ENRTE E444
04:35:38 MISC T441 Comment:AMR MEDIC 109 ENRT
04:37:31 ONSCN T441 E441 Comment:AMR ONSCENE
04:39:45 ONSCN E444
04:40:05 MISC TI-41 Comment-ROSEGARDEN IC
04:40:20 MISC T441 Comment:SW CORNER OF COMPLEX.
04:45:34 MISC _1441 Comment:!2ND AMR UNIT ONSCENE
04:54:14 MISC T441 Comment:AMR CAN CANCEL 3RD UNIT
05:09:14 MISC T441 Comment:T441 E441 OOS...3 FF ABORD AMR.
file://C:\Hamn-iefHead\PalinSprings\Live\Display4200291 C01 C93391.dat 10/21/2008
PSPD-005140
Fire Call #200806733
Page 2 of 2
05:14:36 CLEAR
05:15:30 CLOS
05:2939 CLEAR
05:29:39 -CLEAR
05:29:,39 CLOSE
E444- Case#:FR2008005819
T441 E441 Location:DHER
1-441 E441 9ispo.-32 Case#:FR2008005819
file:HC -.\Hanu-nerHead\PaImSprings\Live`Display4200291 Cal C9339 1. dat 10/21/2008
PSPD-005141
Palm Springs PD
200 S. Civic Drive
CA03 31100
Event Record
ILI U11k b I
event 4: 081OP-4589 10/21/08 Suspicions Circumstances
Detail Complete
Address: =Tiffany Ci S, Palm Springs
Related Events. 0810P-4588
Event Times and Assignment Data
Received By: ALLANNI
Primary Unit: JACQUELYNB
Units Assigned: JACQUELYNB
Received: 04:19:39
First/Original Unit: JACQUELYNB
04:21 HUTCH 04:21
Dispatched: 04:21:10 Priority When Assigned: In Progress
CHRISJ 04:29
AiTived'. 04:22-41
Original Type. Suspicious Circumstances
Cleared: 04:29:54
Parties
Name
Phone Address
Notes
Dispatch Notes
Dispatcher ID Date / Time
Notes
ALLANM 10/21/08 04:20:03
SOMEONE OUTSIDE OF THE RPS
ALLANM 10/21/08 04:20:10
BANGING ON THE DOOR
kLLANM 10/21/08 04:20:16
SPANISH SPEAKER
ALLANM 10/21/08 04:20:21
OUTSIDE...
ALLANM 10/21/08 04:20:57
RP IS UPSTAIRS ,..BANGING ON THE FRONT DOOR
PEGGYT 10121/08 04:212:47
No one at the door
PEGGYT 10/21/08 04:47.27
K51 to do supplemental
PEGGYT 10/21/08 05:34:10
Call Disposition set to DC by PEGGYT
Event Unit Log
Date / Tirne Unit ID
Status Location
10/2112.008 04:21:110 510F 1
Dispatched =Tiffany Ci S
10/2112008 04:21.11 529P
Dispatched =Tiffaqy Ci S
10/21/2008 04:21:12 510P
En Route Tiffany Ci S
10/2112008 04:21:13 529P
En Route Tiffany Ci S
10/21/2008 04:22:41 510P
Arrived IM Tiffany Ci S
10/21/2008 04:26:18 529P
Arrived Miffany Ci S
10Y2112008 04-219:115 577P
Dispatched =Tiffany Ci S
10/21/2008 04:29:41 510P
Cleared Tiffany Ci S,
101/211/2,008. 04:1291:50 577P
Cleared MTiffany Ci S
10/21/2008 04:29:55 529P
Cleared M Tiffany Ci S,
Page I of I APDC (Rev. 01/15/08) Print Date: 10/21/2008
PSPD-005142
200 S. Civic Drive
1N
,�
Event 1t
ent #: 081OP-4588
V 11 .[A41Ud 3.-YfJG
s-lapli l€3i}1](3j
10/21/2008 Burglary in Progress
Case : 081OP-4588
Address:
MTiffany Ci S, Palm Springs
Related Events:
081OP-4589
Event Times and Assignment Data
Received By:
ALLANM Primary Unit: STEVENG Units Assigned:
STEVENG 04:04
Received:
04:-03:42 l~irst/Original. Unit: STEVENG
GERALDB 04:05
Dispatched:
04.04:46 Priority When Assigned: In Progress
ERIKL 04:05
HUTCH 04:06
Arrived:
04:07:12 Original Type: Burglary in Progress
CHRISJ 04:07
Cleared:
JACQUELYNB 04:14
PAULA 04:22
JACQUELYNB 04:29
CHIUSJ 04:29
HUTCH 04:29
RANDAL'LT 05:06
SARIS 05:06
SIIAWNF 05:07
DONE 05:15 JOHNS
05:16 MIKEKO 05:1
JAMIEJ 05:18
ALBERTOF05:19
308P 05:I9
—ase Assignments
Case #
Assigned To Report Title
0810P-4588
Grissom, Steven
Parties
Name
Phone Address Notes
NICHOLS, MIKE
(760) 320-5980
Dispatch Notes
Dispatcher ID
Date 0 Time Notes
ALLANM
10121/2008 04:0413 3 MALES TRYING TO BREAK INTO THE HOUSE AND POINTED A GUN AT
THE RP
ALLANM
10/21/2008 04:05:29 THEY ARE BANGING ON THE DOOR
ALLANM
10/21/2008 04:05:52 HMA 20'S BLK SHIRT BLIP BALL CAP
ALLANM
10/21/2008 04:06:05 HE WAS ARMED WITH THE GUN
PEGG'YT
10t21/2008 04:09:12 Pakango
ALLANM
10/21/2008 04:09:25 NO ONE OUTSIDE NOW PER RP ... WHI CHRYSLER 300 IN
THE DRIVEWAY
ALLANM
10/21/2008 04:I0:42 KITCHEN WINDOW IS THE ONE THEY WERE TRYING TO GET INTO
ALLANM
10/21/2008 04:11:26 SUSP POSS SHOT AT THE RP WHEN HE CONFRONTED THEM,
RP BELIEVES
ALLANM
10/21/2008 04:13:09 AT THE END OF HERMOSA OFF OF BARISTO THERE SHOULD BE A WHI
TRUCK THAT BELONGS TO
10/21/2008 04:13:09 THE RP
ALL
10/21/2008 04:15:12 RPS WIFE DID ARM HERSELF, BUT SHE WAS ADVISED TO PUT IT AWAY
Page ] of 8 A.PDC (Rev. 03/18/08) Print bate: 10/21/2008
PSPD-005143
. ent #: 081OP4588
Case : 081OP-4588
l Vk ! I
200
.
S. Civic Drive
.0
Event Recor
Date Final Type
10/21/200 BB urglary in Progress
Address: �iffany Ci S, Palm Springs
Related Events: 081OP-4589
Disposition(s)
ALLANM
10/21/2008 04:16:50
** Party record Z00061322P changed fromll_P: MRNICHOLS (760) 320-5980 by
ALLANM **
PEGGYT
10/21/2008 04:20:37
505 eking i❑t
PEGGYT
10/21/2008 04:25:54
537 will be eking the south side of the complex
PEGGYT
10/21/2008 04:27:13
303 call air support
PEGGYT
10/21/2008 04:27:27
303 Ig desert field on the west side of the complex
ALLANM
10/21/2008 04:27:42
NEG ON AIR SUPPORT
PEGGYT
10/21/2008 04:28:19
529 ...dressed all in blk home invasion ip
PEGGYT
10/21/2008 04:28:29
529 trying to steal his car
PEGGYT
10/21/2008 04:28:38
529 attempting to get an address.
PEGGYT
10/21/2008 04:29:00
529... Pushing the victim around inside
PEGGYT
10/21/2008 04:29:06
1125 tiffany eir south
PEGGYT
10/21/2008 04:29:18
510 they are coming out the front
PEGGYT`
10/21/2008 04:2:46
529 still ransacking inside
PEGGYT
10/21/2008 04:30:06
529 shots fired 2 down
PEGGYT"
10/2112008 04:30:59
529 roll medical
PEGGYT
10/21/2008 04:31:33
1125 elderly victim inside 2 in the back
PEGGYT
10/2112008 04,32:19
K51 clearling out front with. the dog..
PEGGYT
10/21/2008 04:3:42
510 c4 inside
PEGGYT
10/21/2008 04:33:13
510 no one else outstanding
PEGGYT
10/21/2008 04:33:42
Roll to the back of the complex for medical
PEGGYT
10/21/2008 0434:48
2 gunshot wounds one has been Lased
PEGGYT
10/21/2008 04:35:39
Main entrane off hermosa ...To tiffany circle
PEGGYT
10/21/2008 04:36:36
Call location changed from Address:Miffany Ci S to Address: 1125 Tiffany Ci S
by PEGGYT
PEGGYT
10/21/2008 04:38.23
303 need unit to respond to the rear with camera
PEGGYT
10/21/2008 04:39:03
303 call It booth at home & have him call my cell
_.
PEGGYT
10/21/2008 04:40:56
Lt booth will be er
PEGGYT
10/21/2008 04:4,2:04
Lt booth to call booths cell
ALLANM
10121/2008 04:42:06
303 call in dayshift early
PEGGYT
10/21/2008 04:42.41
Per 303 called 307 he will be enr
PEGGYT
10/21/2008 04:44:39
Called 312 he will be enr
ALLANM
10/21/2008 04:4+6:57
Page sent to dayshift patrol working today
ALLANM
10/21/2008 04:48:20
541 getting ready right now
PEGGYT
10/21/2008 05.03:27
201 have 311 enr for the ois
ALLANM
10/21/2008 05:16:27
499 advised to respond
PEGGYT
10/2112008 05:17:10
38.9...750 1019
PEGGYT
10/21/2008 05:17:12
** Case 081OP-4588 assigned to STEVENG x*
ALLANM
10/21/200.8 05:18:07
309 call villegas vega and chassis
PEGGYT
10/2112008 05:18:10
303 call cops need couple units
Page 2 of APDC (Rev. 03/18/0) PrintDatc: 10/21/2008
PSPD-005144
D-- r.'-
ent 081OP-4588 lal Type T". — - sifion(s}
Case 081OP-4588 10/21/2008 Burglary in Progress
Address: 1125 Tiffany C-i S, Palm Springs
Related Events: 081OP-4589
PEGGYT
10/21/2008 05:18:42
499 contacted
PEGGYT
10/21/2008 05:19:14
303 for the log the susp 750 has may be under 18 yrs
PEGGYT
10/21/2008 05:19:42
303 the press is here
PEGGYT
10/21/2008 05:20:56
750 48.4...81
ALLANM
10/21/2008 05:21:50
Messages left for Villegas home and cell
ALLANM
10/21/2008 05:23:08
Message for vega on cell..No ans home
PEGGYT
10/21/2008 05-23:37
404 will be er
PEGGYT
10/21/2008 05:24:29
303 have the cops come to the scene for traffic control
ALLANM
10/21/2008 05:29:02
Cop paged and called back ... Taylor called and will assemble teams and call back
PEGGYT
10/21/2008 05:33:17
Flores cesar 052693—One of the gsr...susps
ALLANM
10/21/2008 05:34:03
Cop enrt ... 2 teams eta 5 and 10 mins
ALLANM
10/21/2008 05:36:31
CCPD checking with WC for units to assist with calls
ALLANM
10/21/2008 05-38:39
CCPD sending 2 units 535 and 512
PEGGYT
10/21/2008 05:45:57
Per 302 call late days in early
ALLANM
10/21/2008 05:49:10
577 blood nurse to DHER
ALLANM
10/21/2008 05:49:37
Nurse advised
PEGGYT
10/21/2008 05:54:48
Left message on 530's cell
PEGGYT
10/21/2008 05;56:02
202 ... Have on call DA respond
ALLANM
10/21/2008 06-.02:56
Blood nurse Denise eta 25 to DHER
PEGGYT
10/21/2008 06:05:08
K51 6eek692
PEGGYT
10/21/2008 06:06:43
K51 sil mere mountaineer
PEGGYT
I0/21/2008 06.-07:44
Per 201 ... Let him know when there is an officer in the station
ALLANM
10/21/2008 06:07:59
On call DA DiMaria advised, she will be em-t to scene from Indio..Eta I hour to 1 1-2
hrs.
PEGGYT
10/21/2008 06:10:23
K51 have a set of keys that belongs to the mercury —Not sure where the veh is
ALLANM
10/21/2008 06:11:42
CCPD going to Vega's house
ALLANM
10/21/2008 06:15:38
706 responding
PEGGYT
10/21/2008 06:22:29
Per 202 will call 310 to have the blood nurse respond to the station to draw from the
cusp in the hallway
PAULR
10/21/2008 06:33:31
431 pass 2 victs GOUCJ-1ER,, DONNY 17 YOA FLARES, CESAR 052693
CASSIEW
10/21/2008 07:03:22
306- 1127 TIFFANY CIR N ... STATES THAT SOMEONE WAS RINGING DR
BELL AT 0300
CASSIEW
10/21/2008 07;04:15
306-CORR-ECTION 11327 TIFFANY CIR N
PAULR
10/2112008 07:07:44
Per dispatch Goucher, Donald 060991 - Flores, Cesar 052693 and posy 3rd name
Flores, Felipe 031089
701P
10121/2008 07:09:56
Mobile Update: Unit 701P set status to Arrived
CASSIEW
10/21/2008 07:15:25
505- DA 97
CASSIEW
10/21/2008 07:16:13
701- 767ZZL AZ
Event Unit Log
Date / Time Unit ID Status Location
Page 3 of 8 APDC (Rev. 03/19/08) Phrit Date: 10/21/2008
PSPD-005145
7
ent 081 OP-4588
Case 081OP-4588
L7ate final Type Disposition(s)
10/21/2008 Burglary in Progress
I
Address: M Tiffany Ci S, Palm Springs
Related Events: 081OP-4589
10/21/2008 04:04:46
57811
Dispatched
TiffanyCIS
10/21/2008 04:04:48
537P
Dispatched
Tiffany Ci S
10/21/2008 04:04-.49
K51P
Dispatched
Tiffany Ci S
10/21/2008 04:05:48
529P
Dispatched
Tiffany Ci S
10/21/2008 04:05:49
529P
En Route
Tiffany Ci S
10/21/2008 04:05:50
537P
En Route
Tiffany G S.
10/21/2008 04:05,50
578P
En Route
Tiffany Ci S
10/21/2008 04:05:51
K51P
En Route
Tiffany Ci S
I0/21/2008 04:07:12
537P
Arrived
Tiffany Ci S
10/21/2008 04:07:18
577P
Dispatched
i T ffany Ci S
l0/2V2_098 04:07:20
577P
Fit Route
Tiffany Ci S
10/211/200,8 04:07.20
577P
Arrived
Tiffany Ci S
10/21120018 041:09:34
578P
At -rived
Tiffany Ci S
10/21/2008104:110:24
K51P
Arrived
Tiffany Ci S
10121/2008 04:11:32
529P
Arrived
Tiffany Ci S
10/21/2008 04:14:16
51 OP
Dispatched
Tiffany Ci S
10/21/2008 041:14.21
510P
En Route
Tiffany Ci S
10/21/2008 04.-17:19
510P
Arrived
Tiffany Ci S
10/21/2008 04:21:05
510P
Cleared
Tiffany Ci S
10/21/2008 04:2107
529P
Cleared
Tiffany Ci S
10/21/2008 04:22:05
303P
Dispatched
Tiffany Ci S
10/21/2008
31013P
En Route
Tiffany Ci S
10/21/2008 04:2161-:117-1
303P
Arrived
Tiffany Ci S
10/21/2008, 041:219:34
577P
Cleared
Tiffany Ci S
10/21/2008 04;2191:141
510P
Dispatched
'Tiffany Cil S
10/21/12008
577P
Dispatched
Tiffany Ci S
10/21/2008 04:29:55
529P
Dispatched
Tiffany CI S
10/21/2008 04-.29:57
529P
En Route
Tiffany Ci S
10/21/2008 04:29:57
51 OP
En Route
Tiffany Ci S
10/21/2008 04:29:59
529P
Arrived
Tiffany Ci S
10/21/2008 04:29:59
510P
Arrived
Tiffany Ci S
10/21/2008 04:30M
577P
En Route
Tiffany Ci S
10/211/12008, 04:30:01
577P
Arrived
Tiffany Ci S
10/21/2008 04:57.32
537P
1019
Tiffany Ci S
10/1211112008 04:57.39
578P
En Route
Tiffany Ci S
10/21/2008 04:58:20
578P
En Route
Dher with anur
10121/2008
537P
1019
1019
Page 4 of 8 APDC (Rev, 03/18/08) Print Date: 10/21/2008
PSPD-005146
. 081 OP-4588 Date Final Type I Disposition(s)
eat Case 081OP-4588 10/21/2008 � Burglary in Progress
Address: Tiffany Ci S, Palm Springs
Related Events: 081 OP-4589 I
10/21/2008 05:00:45
537P
1,081
1019
10/21/2008 05:01:27
578P
Arrived
Dher with anir
10/21/2008 05:06:05
750P
Dispatched
M Tiffany Ci S
10/21/2008 05-.06:08
512P
Dispatched
Tiffany Ci S
10/21/2008 05:06:12
512P
1081
M Tiffany Ci S
10/21/2008 05:06.,16
512P
1081
81
10121/2008 05:07:13
505P
Dispatched
> Tiffany Ci'S
10/21/2008 05:07:15
505P
En Route
Tiffany Ci S
10/21/2008 05:10:06,
75-0P.
En Route
=Tiffany Ci S
10/21/2008 05:14:59
750P
Arrived
Tiffany Ci S
10/21/2008 05:15:02
750P,
En Route
MTiffany G S
10121/2008 05:15:10
577P
Arrived
Tiffany Ci S
10/21/2008 05:15:17
577P
Arrived
Dher
10/21/2008 05:15:24
312P
-Dispatched
MTiffany Ci S
10/21/2008 05:15:25
312P
En Route
Tiffany Ci S
10/21/2008 05:15:26
312P
Arrived
_Tiffany Ci S
10/21/2008 05:15:37
312P
En Route
Tiffany Ci S
10/21/2008 05:15:47
312P
En Route
Dher
10/21/2008 05:16:13
201P
Dispatched
=Tiffany Ci S
10/21/2008 05:16:15
201P
En Route
Tiffany Ci S
10/121/2008 05:16.-16
201P
Arrived
MTiffany 01 S
10121/2008 05:16:25
505P
Arrived,
VAFTiffany Ci S
10/21/2008 05:16:46
444P
Dispatched
Tiffany Ci S
1.0/21/21008 05:16:48
444P
En Route
I�Tiffany Ci S
10/21/2008 05:16:57
750P
Arrived
=Tiffany Ci S
10/21/2008 05.-17:25
750P
10,1191
MTiffany Ci S
10/21/2008 05:17:31
750P
1019
19/15
10/21/2008 05:17:41
537P
1081
1081
10/21/2008 05:18:56
499P
Dispatched
Tiffany Ci S
10/21/2008 05:M57
499P
En Route
MTiffany Ci S
10121/2008 05:19:24
202P
Dispatched
M Tiffany 0 S
10/21/2008 05:19:26
202P
En Route
=Tiffany Cj S
10/21/2008 05:19.47
308P
Dispatched
Mififfany Ci S
U/21/2008 05:19-51,
3108P
En Route
=Tiffany Ci S
10/21/2008 05:20:04
308P
Arrived
JMMT]ffany Ci S
110/21/2008 05-21-07
750P
10 81
19/15
10/21/2008 05:21:17
750P
1081
81/15
Page 5 of 8 APDC (Rev, 03/18/08) Print Date: 10/21/2008
PSPD-005147
ent 081 OP-4588 Date Final Type
Case 081OP-4588 10/21/2008 Burglary in Progress
Address: =Tiffany Ci S, Palm Springs
Related Events: 081OP-4589
10/2112008 05:22.27
202P
Arrived
Tiffany Ci S
10/2112008 05:22:50
202P
1081
Tiffany Ci S
10121/2008 05:22:59
309P
Dispatched
Tiffany Ci S
10121/2008 05;23:01
309P
En Route
Tiffany Ci S
10121/2008 05:23:42
404P
Dispatched
Tiffany Ci S
10/21/2008 05:23:46
404P
En Route
Tiffany Ci S
ITiffany
10/21/2008 05:29:29
457P
Dispatched
Tiffany Ci S
10/21/2008 05.29:32
457P
En Route
Tiffany Ci S
10/21/200805:361.-13
309P
Arrived
Tiffany Ci S
10/2112008 05:39j1
202P
En Route
Ci S
10/21/2008 05:42:51
.3-12P
Arrived
Dher
10121/20018 05:43:.30
444P
Arrived
Tiffany Ci S
10/211/12008 05:471.39
1 311P
Dispatched,
Tiffany Ci S
10/21/2008 05:47:42
311P
En Route
Tiffany Ci S
ITiffany
10/21/2008 05:47:43
311P
Arrived
Tiffany Ci S
10/21/2008 05:47:46
310P
Dispatched
Tiffany Ci S,
10/21/2009 05:47:57
310P
Arrived
Ci S
10121/2008 05:48:02
310P
Arrived
Dher
10/21/2008 05.50:21
COP1
Dispatched
iffany C! S
10/21/2008 05:50:26
COPI
En Route
iffany Ci S
10/21/2008 05:50:46
506P
Dispate-fted
Many Ci S
10/21/2008 05:50:50
506P
En Route
iffany Ci S
10/21/2008 05:51:08
COP2
Dispatched
iffany Ci S
10/21/2008 05:51:11
COP2
rr.iffany C! S
10/21/2008 05:58:23
202P
Arrived"
iffany Ci S
10/21/2008 05:58:28
COPI
'Arrived,
iffany Ci S
10/21/2008 05:59:51
COP2
Arrived
iffany Ci S
10/2112008 06:01:35
457P
Arrived
iffany Ci S
10/21/2008 06:09:30
523P
Dispatched
iffany Ci S
10/21/2008 06:09:32
523P
En Route
iffany Ci S
10/21/2008 06:15:21
706P
Dispatched
iffany Ci S
10/21/2008 06:15:23
706P
En Route
iffany Ci S
10/21/2008 06:15:27
5231'
-11
Arrived
iffany Ci S
10/21/2008 06:17:07
431P
Dispatched
iffany Ci S
10/21/2008 06:17:10 431P En Route Ci S
10/2112008 06:17:11 431P_Arrived .`Tiffany
Tiffany Ci S
110/21/2008 06:17:16 431P Arrived Dher
Page 6 of 8 APDC (Rev, 03/18108) Priiit Date: 10/21/2008
PSPD-005148
, ent 081 OP-4588 Dale - Final Type Dispo,sition(s)
Case 0810P-4588 10/21/2008 Burglary in Progress I
Address: 'iffany Ci S, Palm Springs
Related Events: 081OP-4589 I
10/21/2008 06:17-38
506P
Arrived
Tiffany 0 S
10[21/2008 06:17.41
506P
.1019
Tiffany G S
ITiffany
10121/2008 06:17:47
404P
Arrived
Tiffany G S
10121/2008 06:17:49
499P
Arrived
Ci S
10/21/2008 06:18:10
506P
1019
With rider
10/21/2008 06:18:35
506F
Avail
10/21/2008 06:18:58
506P
Cleared
10/21/2008 06:28:36
307P
Dispatched
iffany Ci S
10/21/2008 061:311:25
534P
Dispatched
iffany Ci S
ffiffany
10/21/20081 06:1311:30
5134P
En Route
0 S
10/21/2008 06:31:36
534P
En Route
DHER
10/21/2008 06:33:32
534P
"Arrived,
DHER
10/21/2008 06:34:36
573P
Dispatched
Tiffany Ci S
10/21/2008 06:34:54
573P
En Route
Tiffany 01 S
10/121/2008 06:37:52
1541P
Dispatched
Tiffany G S
I
10/21/2008 06:37:58
541P
En Route
Tiffany Ci S
10/21/2008 06:37:59
541P
Arrived
Tiffany Ci S
10/21/2008 06:38:06
541P
Arrived
WITH 529
10121/2008 06:41:46
505P
En Route
Tiffany Ci S
10/21/2008 06:42:27
505P
En Route
TIFFANY CI S
10/21/2008 06-44:15
444P
En Route
Tiffany Q -S
10/21/2008 06:44:18
444P
En Route
DHER
10/21/2008 06:45:13
438P
Dispatched
Tiffany. 01$11__
10/2112008 06:45:24
312P
1019
Dher
10/21/2008 06.-49:21
311P
En Route
_I`iffany U S
10/21/2008 06:49:24
311P
En Route
DHER
10/21/2008 06:49:36
444P
Arrived
DHER
10/21/2008 06:49:41
457P
1081
Ci S10/21/2008
06:51:56
499P
En Route
.Tiffany
Tiffany Ci S
10/21/2008 06:52:00
499P
En Route
Dher
10/21/2008 06:52:35
312P
1081
Dher
10/21/2008 06:54:03
404P
Arrived
IFFANY CIR S
10/21/2008 06:54:12
438P
Dispatched-
IFFANY CIR S
10/21/2008 06,54:16
438P
En Route
IFFANY CIR S
10/21/200$ 06:514:17
4381
Arrived-
IFFANY CIR S
10/21/2008 06:55:29
3111P
-Arrived
DHER
10/21/2008 06:56:37
499P
Arrived
Dher
Page 7 of 8 APDC (Rev. 0-1/18108) Print Date: 10/21,12008
PSPD-005149
. ent -9: 081 OP-4588 , Date Final Type Disposition(s)
base #: (181OP-4588 10/21/2008 1 Burglary in Progress, I
C
Related Address: � Tiffany Ci S, Palm Springs
Events: 081OP-4589 I
10/21/20018 06:57:54
448P
Dispatched
10/21/2008 06:57:59
448P
En Route
10/21 - /2008 06:58:00
448P
Arrived
10/21/2008 06:59.16
50 55P
Arrived
10121/2008 06:59:57
701P
Dispatched
10/21/2008 07:00:04
701P
En Route
10121/2008 07:00:08
573P
Arrived
10/21/2008 07:02:36
529P
1081
10/21/2008 07:02:39
5219P
1081,
,10/21/2008 07:061:09
463P
Dispatched,-- -
10/21/2008 07:06:14
463P
1081
110/21/2008 07:06:25
463P
1081
1110/21/2008 07:08.-57
431P
Avail
10/21/2008 07:09:16
431 P
1019
10/21/2008 07:09:19
1431 P
1019
10/21/2008 07;09:56
701P
Arrived
10I21/2008 07:17:20
K51P
1019
10/21/2008 07:23:24
404P
Arrived
10/21/2008 07:23:31
438P
Arrived
NLETS Request(s)
3RSHORRRRRR.*WP0I>>.#010001004012.N 001 LTS
RQ.CA0331110.AZ.TXTLIC/767ZZL.LIY/2008.LIT[PC
Automatic Request Added:
3RSH0RRRRRR.*WP01>>.#010001004012.IA
QV.CA0331JJ0.LIC/767ZZL.LIS/AZ
Tiffany Ci S
Tiffany Ci S
Tiffany Ci S
TIFFANY CI S
Tiffany Ci S
Tiffany Ci S
Tiffany Ci'S
Tiffany Ci S
81
0 Tiffany Ci S
Tiffany Ci S
81
EQUIP
Tiffany Ci S
Tiffany Ci $
TIFFANY CIR S
TIFFANY CIR S
Page 8 oft?
APDC (Rek,. 03/18/08) Print Date: 10/21/2008
PSPD-005150
U01% I C- 1-4UVU[i1L)1---1 /-U, /-VJUU
111gq;gi I " 1j="
I I 1111111"11FRIM99-
On 11 /20/08 1 conducted an armorer level technical inspection of a Glock Model
El .45 ACP caliber pistol, serial number
Inspection revealed no unauthorized alterations or modifications.
All factory safety systems were present and operating as designed.
The pistol has been very well maintained.
Wear is consistent with a pistol that has years of continuous daily police service
but is still serviceable, reliable, and accurate with ammunition issued by this
department.
A live fire function check was performed with no stoppages or malfunctions of
any kind.
Upon completion of my inspection I conducted an armorer level cleaning, of the
pistol and returned it to Officer Bucklin,
6�
C.Menley
Rangemaster
PSPD-005151
PALM SPRINGS PO•
LICE DEPARTMENT
FIREARMS TRAINING UNIT
OWNER: Roe W- L, le'i J1Z DATE: /1120 / 08
MAKE: ;at_0C_L- MODEL: 2- ( S/N--
CALIBER & ACTION TYPE: , q,� ACP S;8" 1 A 0-1O
OEH:) REVOLVER RIFLE SHOTGUN SMG SPECIAL
EXTERNAL INSPECTION: PAIS-S WEAR: A4,9;S
CLEANLINESS: Pq <,.< LUBRICATION:
Individual Component Inspection (Pass/Fail 8r, Comments):
Action: Pps 5
Ammunition: F'ASS
Barrel:
Bolt: t-.JJA
Cylinder- PJ i A
Disconnect:
Decocker:AJIA
Ejector:
Extractor: FA
Firing Pin: PAt;,5
Frame: Pz S -c-
Hammer: tJ� A
Magazine: P,4 5 5
Magazine Release: P4 5S
Recoil System: PA 55
Safety System: PA'
Screws: W14
Sights: PA S-5
Slide:
Slide Stop:
Stocks:
Trigger Mechanism &. Modes:
inspected by: `� A
PSPD-005152
lit I U. Uut-Villut-'I U, 411U0
1311111111111
FROM: Ran gemaster C. Menley
2,,III I � I ; 11`0311513 In_ r r
On 12106/08 1 conducted an armorer level technical inspection of a Sig Sauer
Model P220.45 ACP caliber pistol, serial number
Inspection revealed no unauthorized alterations or modifications.
All factory safety systems were present and operating as designed.
Maintenance is acceptable.
Wear is consistent with a pistol that has years of continuous daily police service
but is still serviceable, reliable, and accurate with the duty ammunition issued by this
department.
A live fire function check was performed and there were no stoppages or
malfunctions of any kind when using duty ammunition.
Upon completion of my inspection I conducted an armorer level cleaning of the
pistol and returned it to Officer Hutchinson.
C.Menley
Rangemaster
PSPD-005153
OWNER: V-31LL,1Af-\ DATE: IZIOC6/08
SNQZQ. MODEL: F"'ZZtZ S/N: I
CALIBER &, ACTION TYPE: 45ACP& !&eJ1k NaTIOWWIC
CM- TEE�> REVOLVER RIFLE SHOTGUN SMG SPECIAL
EXTERNAL INSPECTION: (:*=kZ WEAR: AiogetAA L
CLEANLINESS: Aey—kd�� LUBRICATION:AV
Individual Component Inspection (Pass/Fail & Comments):
Ammunition-
Barrel: PA,,s-5
BoVA
Cylinder: rJ)A
Disconnect- PA
Decocker: pa_-55
Ejector: P4 s� 5
Extractor: PA.$�5
Firing ® pw�$
Frame: Pa'-">
Hammer: P.*x65
Magazine: Pps%
Magazine Release: PA.S5
Recoil System: pAe_�s
Safety System: pq&,",
Screws- pAsS
Sights: pk5,�
Slide: PPse.--S
Slide Stop- PAr65
Stocks: PAsS�Cww�
Trigger Mechanism &. Modes:
OA -4-SA fz',.SS
Optional Live Fire Examinatio
- M4
Inspected by:
PSPD-005154
OFFICER NAME BUCKLIN, GERALD
Department Status SWORN
S Date & Time
C Score #1
0 Score #2
R Pass (Familiarization & Non
E Faill (Familiarization & Non -
S Number of Rounds
Duty Qualification - Uniform
T Duty Qualificatoin - Plain Cl(
Y Off- Duty Gun Qualification
P Back UP Gun Qualification
E Shotgun Familiarization
Shotgun Qualification
0 Night Shoot
F Officer Survival Scenario
Film , Shoot -Don't Shoot
S Remedial Instruction- Trainii
H Self Practice/Sight-IN
0 Rifle Qualification
0 New officer orientation
T new weapons fam. / qualific;
auto pistol fare. / qualificatio
Make Model
GLOCK 21
BERETTA LASER
DPMS A-1 5
S&W 6906
GLOCK 21
KELTEC P3AT
Department issue M - 16
Department •
issue Mini - 11
0 of Rounds Fired
Range Of -�r
Palm Springs Police Department
Officers Indivdual Firearms Proficiency Record
1/31/2001 6119/2001 911212001 11/14/2001 4/3012002 10/11/1999 11/29/1999 12/22/1999
- Scoreed
Scareed
ithes
9
�tion
Serial # CAL
45
REM
PSPD-005155
ID # 1120
DATE OF HIRE 4/21/1985
2/21/2000 5122/2000 7/25/2000 10117/2000 11/29/2000 10/17/2002 5/27/2003 713112003 10/9/2003 211912004 /20/2004
290 P P P 248 284 289 P 288 P P
g-mask trophy 40MM-P
pistol pistol pistol A-15 pistol NIGHT g-mask
60 30 30 60 60 60 30
X
X
X
x
289
300
?(
P
290
X
X
X
X
284
K
X
x
X P
X
290
289
289
290
x
X 300 X
cm cm crr
PSPD-005156
7/15/2004
10/26/2004
4/2612005
5/18/2005
9/27/2005
1/19/2006
4/18/2006
P
7
RB
6/17/2006
L/L
McCANN
DD
9/19/2006
P
NAT
X
CM
10/512006
P
G21
6906
281
295
CM
11/21/2006
TROPHY
P
X
CM
P
TROPHY
7.19
P
CINE
P
McCANN
P
P
30
X
X
P
X
P
x
x
P
P
CM12
285
268
P
cm
CM
cm
crn
CM
RB
PSPD-005157
1/25/2007 31112007 5/10/2007 61512007 8/23/2007 10/9/2007 11/20/2007 12/2012007 5120/2008 6/2412008 9/16/2008
P P P P P P TROPHY P P P 40MM
PBALL CINE 40 P PBALL
CM17
JC1 CM12 CM10 CM14 CM6P
CM4 CM4
CM13B
279
286 292 294
P
CM13A
CM M CM CM CM CM
299 23
P
CM CM CM CM
P
CM
PSPD-005158
Palm Springs Police Department
Officers lndivdual
Firearms Proficiency Record
OFFICER NAME HUTCHINSON, WILLIAM
ID
10884
Department Status SWORN
DATE OF
HIRE
S Date & Time I
1/28/1999
2/2511999 4/22/1999
512411999 9/11/1999
1012811999
12122/1999
3/1/2000
C Score #1
248
P P
273 P
P
P
276
0 Score #2
R Pass (Familiarization & Non - Scoreed
moss
M/1 6 pistol
moss pistol
pistol
A-1 5
Pistol
E Faill (Familiarization & Non - Scoreed
S Number of Rounds
60
30
60
30
60
Duty Qualificatoin -Uniform
x
x
x
T Duty Qualificatoin - Plain Clothes
Y Off- Duty Gun Qualification
P Back UP Gun Qualification
E Shotgun Familiarization
x
x
Shotgun Qualification
0 Night Shoot
x
x
F Officer Survival Scenario
Film , Shoot -Don't Shoot
x
x
S Remedial Instruction- Training
H Self Practice/Sight-IN
x
0 Special Dept WPN-FAM./QUAL.
x
0 New officer orientation
T new weapons fam. / qualification
auto pistol fam. / qualification
Make Model Serial #
CAL
SIG SAUER 220
45
x
x
x x
x
x
BERETTA LASER
x
DPMS A-1 5
x
SIGSAUER P226
--223--
SIGSAUER P220
45
Department issue M - 16
x
x
Department issue Mini - 14
x
x
Department issue Shotgun
# of Rounds Fired
Range C !r
PSPD-005159
000 ter 0002/612001
'*
_
ICI-
/27/2001 9113/2001
1011612002
1116/2003
512312004 511012005 5/25/2005
P 281
260
293
P p P
CINE McCANN
pistol pistol
g-mask
60
60
60
30
x
x
x
PI
R
x x 260 293 P p
300 300
x 300 300
cm cm
PSPD-005160
10120/2005 1/13/2006 312/2006 4/11/2006 5/17/2006 10/18/2006 11/3012006 3119/2007 5/17/2007 6/20/2007 10/11/2007
P P P P, L/L P TROPHY P p P P
McCANN P PBALL CINE 40MM
A-15
30
X X CM1 ici CM12 CM10
RE
gi
cm RB
267 265
81
RB RB
292 X
DD CM CM
CM13B
286 274 280
CM13A
CM CM CM C
PSPD-005161
1/24/2008 1/24/2008 511+2008 8/8/2008 101712008
TROPHY P P P 40MM
P PBALL
C M17
CM14 Cm§P
[ 0
299 299
P
P
Ce cm Cm Cm C«
PS P D-OO5162