HomeMy WebLinkAboutPSPD Justin Kirk - PSPD Internal ReviewOFFICER INVOLVED H OTING
INVESTIGATION
PSPD-003048
INTRODUCTION
RANGE RECORDS
RADIO TRAFFIC/LOG
GALVAN'S WEAPON
CRIMINAL INTERVIEW - GALVAN
GALVAN GARRITY NOTICE
INTERNAL INTERVIEW - GALVAN
INTERNAL INTERVIEW- TOKIER
OVERHEAD VIEW - EVIDENCE
CHARGES FILED ON KIRK
IN=TRANSCRIPT - GALVAN
NNW TRANSCRIPT - TOKIER
PSPD-003049
On June 16, 2005 at about 2:43 PM, Officer Arnold Galvan and Sergeant
Abraham Tod the Coachella Valley Gang Task Force Officers
(CVGTF) in a vehicle pursuit of a suspected murder suspect. That pursuit lead
the officers through the streets of Palm Springs and eventually out to westbound
Interstate 10. In the area of Fields Road in Cabazon the lone occupant of the
suspect vehicle allegedly started shooting at the pursuing police cars until he
eventually crashed and his vehicle became disabled near the Banning Scales.
The: suspect then brandished a handgun at officers causing several of the
CVGTF and Officer Galvan to fire their weapons at him. No one was not injured,
the suspect gave up and he was arrested without incident.
Officer Arnold Galvan
Senior Police Officer/Field Training Officer
Day Watch Patrol
Business Phone: 760-323-8116
Sergeant Abraham Tokier
Sergeant III
Day Watch Patrol
Business Phone: 760-323-8115
WITNESSES:
Several witness statements were taken by the investigators from the Central
Homicide Unit of the Riverside Sheriff's Office (RSO CHU). Those statements
have been attached to this report in two white binders, submitted by the
Riverside Sheriffs Office Central Homicide Unit detectives.
SUSPECT -
Justin Daniel KIRK
White Male Adult
DOB/1 1-13-1981
PSPD-003050
INVESTIGATING OFFICERS:
Sergeant John Booth ID#0739
Administrative Sergeant/Critical Incident Investigation Team
760-323-8106
Sergeant Bryan Reyes I D#1 0660
Graveyard Patrol Sergeant/Critical Incident Investigation Team
760-323-8115
INVESTIGATIVE REPORT NARRATIVE:
We (Sgt John Booth and Sgt Bryan Reyes) were notified and ordered to respond
to an Officer Involved Shooting (OIS), occurring at the Banning Scales on
Westbound Interstate 10.
We arrived on the scene at approximately 1600 hours. The location is the
westbound lanes of Interstate 10 just east of the Banning Scales. The scene
was taped off with yellow "POLICE LINE: DO NOT CROSS" tape. Inside the
crime scene was a white compact car with obvious collision damage. The trunk
was slightly raised and it had several bullet holes in it. Additionally, there were
several police and sheriff cars inside the taped off area, including the units of
Officer Arnold Galvan (unit #36-01) and Sgt Abraham Tokier (unit #68-99).
We briefly spoke to Sgt Tokier who explained that the Coachella Valley Gang
Task Force was in our city watching a home at 280 S. Cerritos. A murder
suspect was reportedly at that location and the RSO SWAT team was en route to
serve a warrant at the location. Prior to SWAT's arrival, a suspect had exited the
home, entered a white compact car and had driven away. The Gang Unit
attempted to pull the suspect over however he failed to yield and a pursuit
ensued throughout the streets of Palm Springs, It eventually continued north to
the freeway and onto westbound Interstate 10.
Sgt Tokier told us that he and Officer Galvan were two of the police cars in that
pursuit, which eventually ended at this location when CHP or RSO possible used
a spike strip to stop the suspect vehicle. The suspect had a gun and Sgt Tokier
said that he believed that Officer Galvan shot at the suspect. Sgt Tokier said he
did not shoot.
We then briefly spoke to Lt. Al Franz and Captain Mike Hall, who assigned the
investigation of this shooting to us. It was agreed that Sgt Booth would conduct
the interview portion of the investigation and that Sgt Reyes would do the
investigation at the scene of the shooting with Lab Tech Fenner,
PSPD-003051
We then went to Officer Galvan's location (north shoulder of the freeway). We
introduced ourselves as the officers who would be conducting the internal
investigation into this incident. We then ordered him to give me a "public safety
statement". He stated that he understood and told us that he had seen the
suspect with a gun in his hand and felt concerned for his life. Galvan further
stated that he shot at the suspect In a westerly direction about 12 or 14 times.
We asked him if he was hurt or injured and he said that he was "OK". We also
asked him how he felt mentally, offering him the assistance of the Counseling
Team. He said that he felt fine and refused their assistance at this time. No
additional questions were asked. We assigned Sgt Tokier to stay with Officer
Galvan until a PSPOA representative could arrive. At this time we were able to
observe that both Officer Galvan and Sgt Tokier were in full blue Class "B" PSPI
uniforms. Both were sober, with no signs what so ever of intoxication.
At this point it was decided that all the officer that were involved in this shooting
would meet at the RSO sub -station in Cabazon. Sgt Booth drove both Officer
Galvan and Sgt Tokier to that location where we met PSPOA President Mark
Stafford. Stafford was asked to stay with Officer Galvan until the PSPOA
attorney could arrive. We then waited until detectives from RSO CHU could
arrive.
PSPD-003052
PSPD-003053
I (Sgt Booth) spoke to Rangemaster Chuck Menley on the phone. I asked him to
pull the range records of Officer Galvan. He did so and informed me that Galvan
should have in his possession one of three handguns. Those are all Glocks, one
being a model 22 serial #DKL995; or model 27 with serial #DMW819; or model
23 with serial #GSW961. Menley also said that his range records show that he is
very dil'igent when it comes to his range training. The records show that Galvan
has not missed a single training for as long as the computer records show
(September of 2000). 1 later examined those same record's and agreed with
Menl'ey's opinion of Galvan's diligence when it came to range training. I have
placed a copy of his range records to this report. I also asked Menley to get a
replacement Glock for Galvan in anticipation of RSO collecting his gun as
evidence.
0
PSPD-003054
OFFICER NAME
Department Status
GALVAN, ARNOLD
SWORN
Palm Springs PoIJ),,e Department
Officers Indivdual Firearm roficiency Record
S Date & Time 6/8/2002
11/21/2001
8/9/2001
5/31/2001
2/1/2001
12/22/2000
11/16/2000
9/2912000
C Score #1 264
P
291
P
269
183
P
P
0 Score #2
trophy
trophy
g-mask
shoot
pistol
pistol
pistol
pistol
M/1 6
pistol
R Pass (Familiarization & Non - Scoreed
E Faill (Familiarization & Non - Scoreed
S Number of Rounds
60
60
30
30
Duty Qualificatoin -Uniform
x
x
T Duty Qualificatoin - Plain Clothes
Y Off- Duty Gun Qualification
P Back UP Gun Qualification
E Shotgun Familiarization
Shotgun Qualification
0 Night Shoot
F Officer Survival Scenario
x
Film , Shoot -Don't Shoot
S Remedial Instruction- Training
H Self Practice/Sight-IN
0 M 16 /QUAL. x
0 New officer orientation
T new weapons fam. / qualification
auto pistol fam, / qualification
Make Model Serial # CAL
GLOCK 22 DKL995US 40
x
x
x
x
x
x
GLOCK 27 DMW819US 40 x
I
I
1
11 1
GLOCK 23 GSW961 40
KELTEC P3AT HAH85 380
bepartment issue --- M_-_1_6_
Department issue Mini - 14
Department issue Shotgun
# of Rounds Fired
Range Officer
El
E3
PSPD-003055
ID
DATE OF HIRE
6/1412000
P
4/2712000
271
3/27/2000
284
6/8/2002 10/16/2002
264 282
60 60
X X
X
264 282
255
la 260
P 300
M/16
pistol
pistol
pistr�t
60
60/30
X
X
259
x
X
K
X
X
P
PSPD-003056
5/27/2003
n/2 I2003 1/27/2004
6123/2004
712212004 11/1312004 3/1012005 3/2912006 5/25/2005
286
288 P
P
P 21..65 P P P
40MM-P
TROPHY
NIGHT
g-mask
CM-1
60
60
30
30 60
k
X
X G27
X P3AT
286 288 P K x
P X
278 McCA.NN
260 P
300 P
CM CM cm cm CM CM
PSPD-003057
PSPD-003058
I (Sgt Booth) spoke to and later contacted Dispatch Supervisor Tarina Cornell.
She provided me a copy of the typed radio log. She also made me several
copies • the radio transmissions. One of those copies was provided to RSO
Central Homicide Unit (CHU) Detective Christian Dekker.
The log showed that this • started at 1443 hrs with Officer Galvan and Sgt
Tokier being involved. 1 have attached a CD copy of the radio traffic and written
copy of that radio log to this investigation as evidence.
I reviewed the recording of Dispatch Frequency #1. As previously noted, this
incident starts out with CVGTF advising that they Were chasing a homicide
suspect who was moving around in the suspect vehicle. The primary unit warns
the other officers that he may be arming himself. Moments later that same
• unit warns others that the suspect is putting on a bulletproof vest.
Shortly after this, Officer Galvan starts delivering the radio broadcasts and
advises that the suspect is driving recklessly, fast and into on -coming traffic.
Near Cabazon you hear another officer yell into the radio 11-99, shots fired".
Galvan concurs. The radio patch is in place and an unknown officer says
something similar to "front windshield of SO un�it is shot". As the vehicle is
stopping another mention of shots being fired and several agencies ask for a
supervisor to respond.
PSPD-003059
Printed for: DSPS/TARINA
Thr Jun 16
As of 0'6 /i 6
2005 21:28:39
2005 21:26:23
Location:I10/kALES
Created: 06/16/2005 14:43:09 DSP4/SUE
Entered: 06/16/2005 14:43:09 DSP4/SUE
D., -atch:06/16/2005 14:43:09 DSP4/SUE
Enroute: 06/16/2005 14:43;09 DSP4/SUE
Dnscene: 06/16/2005 14:43:09 DSP4/SUE
Control: 06/16/2005 15:43:59 DSP4/SUE
Closed: 06/16/2005 21:07:04 DSP4/CASSIE
PrimeUnit: 310 Dispo: RT Final Type: T - TRAFFIC STOP
kgency: PD Group: PD(n/a) Beat: l(n/a) Block:W31(n/a)
14:43:09 OUT (DSP4/SUE) Location:E RAMON RD / S FARRELL DR, PS Type:T
Group:PD Area:W31 Plate:5KYM7572 TypeDesc:TRAFFIC STOP
-W31 LocDesc:< 2000/ 0> Priority;3 Response:00 Agency:PD Unknown:267
44309 -PRIU
4:43:28 BACA
44400 MISC
444:05 MISC
44432 CHGLOC
14 :44 :40
!10 1-4:47
_4:52
114:44: 58
I14:45: 09
114 : 45: 15
1
114:45 :2G
14:45:4G
114:46 : 01
14 :46 :4 5
d4 :4G: 53
�14:46:58
'14:47: 05
14:47: 18
"14:47.27
14:47:58
48 :03
114 .48:24
114:48:39
I
114:48:44
14:49:07
14 -49:1S
14:49:'22
,14. -19 - 24
'14:49.42
i14:50: 00
MISC
MISC
MISC
MISC
MISC
MISC
MISC
MISC
CHGLOC
MISC
MISC
MISC
MISC
MISC
MISC
MISC
MISC
MISC
MISC
MISC
MISC
MISC
BACKUP
BACKUP
MISC
MISC
LocType:H Comment: WB RAMON 55 - 70 MILES ..COMING UP ON
SUNRISE
(DSP4/SUE) 310 Location:E ON RD / S FARRELL DR, PS
Operator:10465 OperNames:TOKIER,ABE
(DSP4/SUP,) 310
(DSP4/SUE) 5-5-7 UnitID:310 Operator:11060 OperNames:
GALVAN,ARNOLD
(DSP4/SUE) Comment: RED LIGHT BARTSTO
(DSP4/SUE) 310 Comment: NB FARRELL
(DSP4/STjE) 557 Location:TAMARISK RD / N FARRELL DR, PS
Comment: 70 - 8 0 MILES
(DSP4/SUE) 557 Comment: WHT VEH OCC BY ONE
(DSP4/SUE) 210 Comment- K9 UNIT
(DSP4/SUE) 557 Comment: APPROACHING VC
(DSP4/SUE) -557 Comment: ALOT OF TRAFFIC
(DSP4/SUE) 557 Comment: EB VC - ALMOST CAUSED A COLLISION
(DSP1/GRIS) 310 Plate:5KYM172 Comment: GANG TASK FORCE UNIT
INVOLVED IN �PURSUIT' ---- CORRECT PLATE
(DSP4/SUE) 310 Comment: CCPD FOR SPIKE STIP
(DSP4/SUE) 557 Comment: POSS PUTTING ON BULLET PROOF VEST
(DSP4/SUE) 5-57 Location:NB GAT/VC Comment: BLOWING LIGHTS
(DSP4/SUE) 5-5-7 Comment: COLLISION TRAFFIC ...VIA ESCUELA
(DSP4/SUE) 557 Comment: MIN VISIBLITY
(DSP1/GRIS) 310 Comment: CHP ADVISE PER RSO
(DSP4/SUE) 3-10--557 Comment: LEAVING THE CITY
(DSP4/SUE) 557 Comment: WRONG SIDE OF THE ROAD - IN AND OUT OF
TRAFFIC
(DSP4/SUE) 557 Comment: HEADING OVER THE OVER PASS
(DSP4/SUE) 5-5-7 Comment: GOING AGAINST TRAFFIC
(DSP4/SUE) 55 , 7 Comment: EB I10
(DSPI/GRIS) 310 Comment: RSO WANTS US PATCHED
(DSP4/SUE) 310 Comment: 1182 - TIO INDIAN
(DSP4/SUE) 551 Comment: RSO UNIT CCPD - 3 AND 4 557 - 3,10
(DSP4/SUE) 557 Comment; WB I10
(DSP4/SUE) -557 Comment: W13 I10 100=
(DSP4/SUE) 559l UnitID:310 Operator*10729 OperNames:WILLIAMS,
STEVE
(DSP4/SUE) 548 UnitID:559 Operator:10296 OperNames:CHASSTE,
MERRITT
(DSPS/BETTY) G111
(DSP4/SUE) 310 Comment: FUEL ISSUES
(DSP4/SUE) 557 Comment: WB APPROACHING OFF RAMP
Page 1
PSPD-003060
Printed
for: DSPS/TARINA
Thr Jun 16, 2005 21:28:39
1 4 :50:13
MISC
(DSP4/SUE)
557
Comment: STILL WB I1,0
114:50:34
BACKUP
(DSP4/SUE)
302
UnitID:557 Location:NB GAT/VC Operator:7294
OperNames:SEABLOM,
JIM
14:50:52
MISC
(DSP4/SUE)
Comment: ARMED AND DANGEROUS ... 187 SUSP
14.50:55
MISC
(DSP3/SYLVIA)
Comment: CHP H60 ENR FROM THER .
1 1:22
MISC
(DSP4/SUE)
557
Comment: STILL WE - PALM OVER PASS
14:51:30
MISC
(DSP4%SUE)
557
Comment: WALL ST OVER PASS
i14 : 51 : 57
ENRTE
(D SP4/SUE)
�ib2
548 559
:14:52:11
MISC
(DSP4/SUE)
557
Comment: SINGLE OCCUPANT —APPROACHING 62
14:52:29
MISC
(DSP4/SUE)
557
Comment: MOVING ALOT IN CAB - POSS ANOTHER
OCCUPANT
14:52:59
MISC
(DSP4/SUE)
557
Comment: 80 - 100 +
14:53:13
MISC
(DSP4/SUE)
310
Comment:. IF IT GETS PAST - CABAZON
14:53:20
BACKUP
(DSP4/SUE)
621
UnitID:302 Location:NB GAT/VC Operator:6989
OperNames:RODE,
PETER
14:53:29
ONSCN
(]DSP4/SUE)
621
1.4:54:38
MISC
(DSP4/SUE)
310
Comment.: WHITEWATER OFF RAMP - CHP SPIKE STRIP
14:55:03
MISC
(DSP4/SUE)
557
Comment: PASSING RESTSTOP 100+
14:56:16
MISC
(DSP4/SUE)
310
Comment: RUNNING OUT OF FUEL
14:56:37
MISC
(DSP3/SYLVIA)
Comment: CHP DOES HAVE SPIKE STRIPE WILL ADVISE
THEIR 20 ASAP .....
CVARS PATCH COMPLETE CAN GO CAR TO CAR
14:56:45
MISC
(DSP4/SUE)
Comment:
204 STANDING BY
14:56:58
MISC
(DSP4/SUE)
557
Comment: WE PASSING INBOUND Ill
14:57:08
ONSCN
(DSP4/SUE)
Glll
14:57:24
MISC
(DSP4/SUE)
Comment: OTHER UNITS 90 +
14:57:59
MISC
(DSP4/SUE)
557
Comment: WE APPROACHING CASINO AREA 90 + ...IN
AND OUT OF
TRAFFIC
14:58:47
MISC
(DSP4/SUE)
310
Comment: HAVE K9 STAY IN THE CITY
'14:59:26
MISC
(DSP4/SUE)
310
Comment: SHOTS FIRED
'14:59:35
MISC
(DSP4/SUE)
310
Comment: ALL UNITS ... WB STILL
1 ;9:39
MISC
(DSPI/GRIS)
310
Comment: BANNING UNIT IS STANDING BY
1_ )0:39
MISC
(DSP4/SUE)
Comment: BANNING AGENCY - MULTIPLE AGENCIES ...
PASSING CASINO
1.5:01:46
MISC
(DSP4/SUE)
Comment: CHP TO SPIKE STRIP @ HARGRAVE
15:01:52
MISC
(DSP4/SUE)
310
Comment: BY SCALE
15:02:05
MISC
(DSP3/SYLVIA)
310 Comment: TERMINATING SOUTH OF THE WEIGH
STATION
15:02:14
MISC
(DSP4/SUE)
310
Comment: BLOCK THE FREEWAY ...SOUTH OF THE
SCALES... SHOTS
FIRED
115:02:37
MISC
(DSP4/SUE)
310
Comment: ALL UNITS HOLD FIRE - GUN CAME OUT
115:02:51
MISC
(DSP4/SUE)
310
Comment: RSO SUPV / CHP SUPV ...NEEDED
j15:04:09
MISC
(DSP4/SUE)
310
Comment: IS VETS CLR ...ONE PRONE OUT ...NEED
MEDIC AID UNIT
15:04:59
MISC
(DSP4/SUE)
310
Comment: NEED CHP TO SHUT OFF RAMP PRIOR TO
SCALES
15:05:03
MISC
(DSP3/SYLVIA)
Comment;: CDF ADVISED
15:05:19
MISC
(DSP4/SUE)
310
Comment: CODE 4
15:05:40
ONSCN
(DSP4/SUE)
302
15:06:21
CHGLOC
(DSP4/SUE)
302
Location:I10 / SCALES Comment: NO INJURIES ON
PD OR SUSP
- SURRENDERED - OIS 300 UNIT
15:06:2
BACKUP
(DSP4/SUE)
312
UnitID:557 Location:NB GAT/VC Operator:2470
OperNames:FALLON, DONALD
15:07;07
MISC
(DSP4/SUE)
312
Comment: FRANZ AND OIS TEAM - HAVE CAPS ROLL
15:07:24
BACKUP
(DSP4/SUE)
202
UnitID:310 Operator:2687 OperNames:FRANZ,
ALBERTO
15:07:28
BACKUP
(DSP4/SUE)
426
UnitID:548 Operator:2050 OperNames:DOUGL.AS,
STEVE
I
15.07:29
BACKUP
(DSP4/SUE)
467
UnitID:557 Location:NB GAT/VC Operator:10989
OperN mes:STUDER,
MIKE
15:07:48
MISC
(DSP4/SUE)
302
Comment: 1185
Page
PSPD-003061
Printed for: DSPS/TARINA Thr Jun 16, 2005 21:28:39
'15:08:28 MISC (DSP4/SUE) v 36'--tomment: WB INSIDE EMERGENCY PARKWAY
15:08:36 BACKUP (DSP4/SUE) 499 UnitID:557 Location:NB GAT/VC Operator:15071
OperNames;Ft ER,CALVIN
.15.08:45 ENRTE (DSP4/SUE) 312 426 467
i15:08:47 ENRTE (DSP4/SUE) 202
-1! 2:05 MISC (DSP4/SUE) 202 Comment: HAVE 311 RESP
�15:12:12 CLEAR (DSP2/PAUL) 559
[15:12:45 MISC (DSP4/SUE) 302 Comment: RSO TO HANDLE CRIMINAL ... PSPD ONLY
ONE OFFICER INVOLVED
IIS:13:42 ENRTE (DSP4/SUE) 499
15t13:56 BACKUP (DSP4/STJE) -7-0 UnitID:467 Location:NP. GAT/VC Operator:15260
OperNames:PATTON,STEVE
�1515:36 CLEAR (DSP3/SYLVIA) 702
15:15:41 BACKER (DSP3/SYLVIA) 702 UnitID:499 Location:NE GAT/VC Operator:
15260 OperNames:PATTON,STEVE
15:16:07 CHGLOC (DSP4/SUE) 426 467 Location:HEADING TOWARDS - 280 S CERRITOS
15:17:19 CONTCT (DSP3/SYLVIA) 310 G111 202 302 312 426 467 499 548 557 621
15:17:19 CONTCT (DSP3/SYLVIA) 702
i15:19:38 ONSCN (DSP4/SUE) 302
15:20:02 PRMPT (DSP4/SUE) -54-8-
'15:22:55 MISC (DSP4/SUE) 499 Comment: W/ 702 ENRT
�15:24:43 ONSCN (DSP4/SUE) 312
15:24:56 CHGLOC (DSP4/SUE) 312 Location:IlO/SCALES
15:25:00 ONSCN (DSP4/SUE) 312
1
115:26:56 MISC (DSP4/SUE) 310 Comment: 1034
115:27:27 BACKUP (DSP4/SUE) 311 UnitID:310 Operator:739 OperNames:BOOTH, JOHN
MISC (DSPI/GRIS) 310 Comment: BOOTH IS RESPONDING FROM RIVERSIDE
15:38:47 MISC (DSP4/SUE,) 302 Comment: CLR FROM CRIME SCENE - 1019
15:38:51 CHGLOC (DSP4/SUE) 302 Location:1019
15:42:36 XREF (DSP4/SUE) Service:P Call:#200533091 Type:1181 Agency:PD
15 43:59 OK (DSP4/SUE) 310 302 312 426 46-7 499-557 621 702
11- 5:07 BACKUP (DSP4/SUE) '3-0-7 Tn-i-t-fD.-3-10-0'p-e-rat-or:--"- -
10660 OperNames:REYES,
BRYAN
15 - 45:20 MISC (DSP4/SUE) 307 Comment: CENTER MEDIAN EB SIDE
ONSCN (DSP4/SUE) -3O-!
�15:46:29 BACKUP (DSP4/SUE) M,-2"-UnitID:311 Operator:15172 OperNames:
DESMARAIS,MELISSA
15:46:43 ONSCN (DSP4/SUE) M2
�15i49:54 CONTCT (DSP3/SYLVIA) 310 G111 M2 202 302 307 311 312 426 467 499
115:49:54 CONTCT (DSP3/SYLVIA)
i15-52:08 XREF (DSP4/SUE) Service.-P--'C-al-l-#200533094 Type:1182 Agency:PD
i15:55:21 PRMPT (DSP4/SUE) 302 Comment: Preempted and dispatched to call
#200533095
!15:58:25 ONSCN (DSP4/SUE) 202
!16:02:19 MISC (DSP4/SUE) 426 Comment: RUN VICTIM 2 MO AGO
16:16:36 SCDOFF (DSP4/SUE)
16. -17:54 CLEAR (DSP4/SUE) 621.
�16:18:44 MISC (DSP4/SUE) Comment: PER 308 - 311 ENROUTE FOR OIS - NOT PIO
116:20:38 CHANGE (DSP4/SUE) Location:E RAMON RD / S FARRELL DR, PS -->I10/SCALES
Type:T -->T
i16:29:57 CLEAR (DSP4/CASSIE) M2
16:33:47 ONSCN (DSP4/CASSIE) 3-11
`17:28:10 CLOS (DSP4/CASSIE) 310 311 557 Location.CA2AZON STATION
17:28:22 OK (DSP4/CASS-TE) 310 31
17:32:26 OK (DSP4/CASSIE) 557
17:36:45 PRMPT (DSP1/13ETTY) 20-Y'
1' '8:39 CLEAR (DSP4/CASSIE) 426
19.18:27 OK (DSP4/CASSIE) G111 307
19:51:06 CHGLOC (DSP4/CASSIE) 3-0-7L'o--c-ation*CABAZON STATION Comment: 10-8 FROM
SCENE
Page 3
PSPD-003062
Printed for: DSPS,/`I'ARINA Thr Jun 1 , 2005 21:28:39
19:54:17 CLEAN. (DSP4/LASSIE) 49
20:07:49 MISC (DSPI/BETTY) Comment: KIRK, JUSTIFY / SUSP SGT HERBER.T WILL CALL
WITH THEIR. INFO ON THEIR REPORT
20:22:52 CHGLOC (DSP4/CASSI) 307 Location:1019
20:45:10 CLEAR (DSP4/CASSIE) 310 557 Dispo:RT
2'." 6 : 13 CLEAR. (DSP3 ,/ALLAN) 702
20:46;28 CLEAR (DSP4/CASTE) 307
21:07:04 CLEAR (DSP4/CASSIE) G111 311 312 467
21:07:04 -CLEAR (DSP4/CASSIE)
1:07:04 CLOSE (DSP4/CAS IE)
21:07:20 C (DSP3/ALLAN)
21
PSPD-003063
Printed for: DSPS/TARINA
Detailed History for Police Cal"200533058
Priority-.3 Type:CODE5 - SURVEILLANCE I
Tr Jun 16, 2005 21:42:22
As of 06/16/2005 21:42:03
Location:280 S CERRITOS DR,PS - btwn E TAHQUITZ CANYON WY and PASEO ROSETA
Created: 06/16/2005 12:56:53 DSP2/6610
Entered; 06/16/2005 12:56:53 DSP2/6610
D.-l' atch:06/16/2005 12:56:53 DSP2/6610
Enioute: 06/16/2005 12:56:53 DSP2/6610
Onscene: 06/16/2005 12:56:53 DSP2/6610
Control: 06/16/200S 17:02:41 DSP4/CASSIE
Closed: 06/16/2005 21:06:37 DSP4/CASSIE
PrimaUnit: C110 Dispo: RT Final Type: CODES - SURVEILLANCE
Agency: PD Group:PD Beat:4 Block:W29
Case #: DR200516700046
XREF Fire Call:#200533096 Tv-pe:PS Aqencv.FD
12:56:53 CREATE (DSP2/6610) Location:280 S CERRITOS DR,PS Type:CODE5 Group:PD
LocDesc:btwn E TAHQUITZ CANYON WY and PASEO ROSETA Unknown:
250-W29
�12:56:53 ENTRY (DSP2/6610) Area:None -->W29 TypeDesc:None -->SURVEILLANCE
Priority:None -->3 Response:None -->00 Agency:None -->PD
I12:56:53 DISPOS (DSP2/6610) G110 Location:280 S CERRITOS DR,PS
-PRIU (DSP2/6610) G110
12.59:07 MISC (DSP2/6610) Comment: 4 VEHIS BLU EXPLORER, WHI EXPLORER BLU
MUSTANG AND A WHI VAN
115:08:38 BACKER (DSP3/SYLVIA) 313 UnitID:G110 Operator:0200 OperNames:
ANDERSON, BRYAN
15:08:39 ONSCN (DSP3/SYLVIA) 313
115:11:53 BACKER (DSP3/SYLVIA) 307 UnitID:313 Operator:10660 OperNames:REYES,
BRYAN
115 -1.2:41 MISC (DSP4/SUE) 313 Comment: NEED ANOTHER UNIT - SOLANO SUSP RUNNING
TOWARDS PARK ..ANY INFO ON CLOTHING
115;14:58 CLEAR (DSP2/PAUL) 313
;15:17:54 XREF (DSP2/PAUL) S-e—rvice:P Call:#200533089 Type:AOD Agency:PD
15:18:56 BACKUP (DSP2/PAUL) 506 UnitID:307 —0pe'-r--ator:15375 A828 OperNames:
CANTU,ALBERT PETRICK, DALE
15:19:12 BACKUP (DSP2/PAUL) 559 UnitID:307 Operator-.10729 OperNames:WILLTAMS,
STEVE
15:19:16 BACKUP (DSP2/PAUL) 313 Unit!D:559 Operator:0200 OperNames:ANDERSON,
BRYAN
15:19:31 BACKUP (DSP2/PAUL) 550 UnitID:559 Operator.-10859 OperNames:HILTON,
CZERSALE
115:20-04 BACKUP (DSP4/SUE) 548 UnitID:307 Operator:10296 OperNames:CHASSIE,
MERRITT
115:20:136 ONSCN (DSP3/SYLVIA) 548
115:21:07 CHGLOC (DSP4/SUE) 506 Location:S SATURMINO DR / E BARISTO RD, PS
!15:21:19 ONSCN (DSP4/SUE) 506
.15:21:28 BACKUP (DSP2/PAUL) 539 UnitID:550 Operator:3075 OperNames:GOYA, ERIC
I15:21:41 ONSCN (DSP2/PAUL) 539 550 559
'15:21:43 MISC (DSP4/SUE) 548 Comment: HAVE WB TRAFFIC COVERED
15:23:54 BACKUP (DSP4/SUE) 544 UnitID:307 Operator:10969 OperNames:KOVALEFF,
MIKE
15:23:58 ONSCN (DSP4/SUE) 313 544
115:24:31 MISC (DSP2/PAUL)_5_39 Comment: CHECK FOR PHONE NUMBER
15:24:39 PRIOR (DSP2/PAUL) Location:280 S CERRITOS DR,PS PremType:PPH
115:29,10 MISC (DSP4/SUE) 313 Comment: HAVE 201 21 MY CELL 902 1861 ASAP
jr 9:21 BACKUP (DSP4/SUE) 707 UnitID:548 Operator:15235 OperNames:LAMAR,
DAVID
15:29:34 MISC (DSP4/SUE) 707 Comment: REPLACING 548 BLOCKING ON BARISTO BY
THE MALL 'I
Page 1
PSPD-003064
Printed for-
5:32:13 MISC
5:34: 54
5:44 : S2
51- 45: 03
5: SS
wa�
ONSCN
BACKUP
ONSCN
MISC
-ASSOC
MISC
MISC
BACKUP
6:16:33
MISC
6:16:46
MISC
6:19:26
MISC
6:22:18
CHGLOC
6:23:04
MISC
7: 12: 3 2
7: 14:27
7:14.35
7:31.-2G
7: 5 6 : 53
7:59: 08
7: 59: 32
8 :06 :2 0
�. 4S: 34
9:50: 13
0: 05: 34
#,A* -
ONSCN
CLOS
ONSCN
OK
OK
MISC
ENRTE
CLEAR
CLEAR
MISC
CASE
CLEAR
ENRTE
MISC
MISC
CLEAR
ONSCN
CLEAR
CLEAR
CLEAR
CLEAR
OK
,4TARTNA Thr Jun 16, 2005 21:42:22
(DSP4/tUE) 31-3 Comment - APPROX 20 MIN_"T__'bBE SERVING SEARCH — -
WARP -ANT
(DSP4/SUE) 548 Comment: Preempted and dispatched to call
(DSP4/SUE) 307
(DSP4/SUE) 307
(DSP4/SUE) 304 UnitID:539 Operator:1844 OperNames:CRAGER,
DONALD
(DSP4/SUE) 304
(DSP4/SUE) G113 UnitID:304
(DSP4/SUE) G113
(DSP4/SUE,) 313 Comment: AMR OS STAGING ...
(DSP4/SUE) Service:F Call:#200533096 Type:PS Agency:FD
(DSP4/SUE) 313 Comment: HAVE THEM STAGE IN LIBRARY P/L
(DSP4/SUE) _3_04 Comment: TNT 426 467 MYSELF
(DSP4/SUE) 302 UnitID:544 Operator:7294 OperNames:SEABLOM,
JIM
(DSP4/SUE) G113 Comment: EST COMING TO RELIEVE PSPD UNITS
(DSP4/SUE) 302 Comment: MEDIA ON CERRITOS - NEED PTO
(DSP4/SUE) Comment: PER 304 WILL BE ENRT FOR PIO - ASAP FROM
110/SCALES
(DSP4/SUE) 304 Location-ENRT TO 280 S CERRITOS
(DSP4/SUE) 302 Comment: HAVE FEMALE HERE THAT IS EX ROOMATE
HAS INTEL
(DSP4/CASSIE) 302
(DSP4/CASSIE) G113 Comment: THEY HAVE PH CONT THROWING GAS
(DSP4/CASSIE) 5_4_4Location:DESERT HOSPITAL
(DSP4/CASSIE) 304
(DSP4/CASSIE) 302 304 Location;81
(DSP4/CASSIE) 544
(DSP4/CASSIE), 302 304
(DSP4/CASSIE) 5_44 - ------ —
(DSP1/BETTY) 50_6Comment: NEED JUMP SATUR/BARISTO .. UNIT TO
JUMP
(DSP4/CASSIE) K65 UnitID:506 Location:S SATURMINO DR / E
BARISTO RD, PS Operator:11090 OperNames:ARAIZA,GUSTAVO
(DSP4/CASSIE) K65
(DSP4/CASSIE) 302 304
(DSP4/CASSIE)
(DSP4/CASSIE) 313 Comment: CLEARING ATTIC NOW 10-8 SHORTLY
(DSP4/CASSIE) 5_3� Case#:DR200516700046
(DSP4/CASSIE) 550
(DSP4/CASSIE) COP UnitID:506 Location:S SATURMINO DR E
BARISTO RD, PS Operator:934 932 OperNames:BROCK, ED
CURIA,PHILIP
(DSP4/CASSIE) COP
(DSP4/CASSIE) 313� Comment: 10 22 AMR FD
(DSP4/CASSIE) 3_13 Comment: PER RSO OPEN 13ARISTO///BLOCK
CERRITOS
(DSP4/CASSIE) 506
(DSP4/CASSIE) tbP
(DSP4/CASSIE) COP
(DSP4/CASSIE) _3_9
(DSP4/CASSIE)
(DSP4/CASSIE) 544
(DSP4/CASSIE) t110 G113 559
(DSP4/CASSIE) ff_2_8UfiitID_-Gi13 Operator:15231 OperNames:
FERNANDEZ, GUILLERMO
(DSP4/CASSIE) 528
(DSP4/CASSIE) 528
(DSP4/CASSIE) 707 Comment: Preempted and dispatched to call
age 2
PSPD-003065
Printed
for: DSPS/TARINA
Th.r Jun 16, 2005 21:42:22
#200533083
'20:09:01
OK
(DSP4/CASSIE)
528
20:37:38
CLEAR
(DSP4/CASSIE)
§
20:48:57
PRMPT
(DSP2/PEGGY)
528 Comment: Preempted and dispatched to call #
21:G6:37
CLEAR
(DSP4/CASSIE)
G110, G113 Dispo:RT
2'. 6:37
-CLEAR
(DSP4/CASSTE)
21:UG:37 CLOSE (DSP4/CASSIE)
Page 3
PSPD-003066
PSPD-003067
Detective Spivacke called Officer Galvan, Mr. Krause an into t e conference
room at the Cabazon Station. There they took possession of Galvan's handgun.
It was a Glock.40 caliber model 22, serial #DKIL995. I noted that this was one of
the Glocks that is on his range records that Officer Galvan regularly qualifies
with. As they unloaded Officer Galvan's Glock I noted that there was one .40
S/W caliber Winchester bullet in the chamber. The magazine contained 15, 40
S/W Winchester bullets in it. Officer Galvan had only one magazine on his belt
and it too contained 15, Winchester .40 SM caliber bullets. I examined and
confirmed that these were the correct bullets that Officer Galvan should be
carrying in his duty weapon. All these items were photographed and then
collected as evidence by Det. Spivacke. Officer Galvan was given a receipt for
the items that were taken.
PSPD-003068
DATE PR.EPAMD: 06-21.05
L INC'IDDENT REPORT
RIVERSIDE COUNTY SHERIFF CA0330000
❑ INITIAL Z SUPPLEMENTAL
IFILP,NUMBER
TaAPEtS'i : 'REPQRTED
a. BATE t'1'dP.>E A'55tS`sNER
C DATE 1 TRa MVr. START
S. DATE I TBNZ 1XV. TEAM
6 Adu11 A9iR. . Ivv ARR _.
BO 167025
S O
-
CIUME
COUNTS
9 ERP COIkE
664� OC
Attempted Murder on Police Officer
01
IitOFFEh.,-CORTiSECTION{AddorChangcla)
CRIME
COUNTS
I.I-EDP CODE
Q.I.S.
Officer Involved Shooting
01
12. OFFENSES -CORE SECTION (Adder Change lo)
CRIME
COUNTS:....
-
13„EDP C(3DE
14. LOCATION OF OCCURRENCE
KREP:RIST,
IU DCON- DATEITIME
13, OR BETWEEN' DATEJTWE..
'+SIB 1.10 Freeway/Main Street
Cabazon
06-16-05
i8. RUSRdESS NAME
-.-„..,
m ISUSRJESSPHONE
20. CASE STATUS 7 C EARANCE-
CLOSED ARREST
VICTIM <- REPORTING PARTY — `vTVITNESS m- OTHER: 0 see Additional persons Report
Forensic Services -East 760 863.7648
S'Fo- ECT' A"I" ❑ "'Venil� ❑ Parole ❑ Probation P [ ARRESTETI
b � �j See Additaostal Persons Re or€
NAM�11 M;daie)kI,ouglas M W 11-13-8I
R ),S OFFICER
66vo,41ve B. Reno
E
❑ PROPERTY REPORT ATTACHED FOR STOLEN, RECOVERED, OR DAMAGED PROPERTY 89, DAMAGED PRGPEI
s
PSPD-003069
f ple
FILE NUMBER AD�'�'CII`�AL PERSOI'�S REPCiRT PAGE 2OF4
�_��0,516�7025 RIVERSIDE COUNTY SHERIFF + A9330000 p INITIAL SUPPLEMENTAL
IM — REPORTING PARTY — WITNESS J- OTHER:
❑ See Additional Persons Report
rm NA (CaM, Flrai Middle)
S" -
RACE,
AGE
HT: WT.
HAIR
EYES..
SKIN
0 forensic Tech. Jerne an #N343
RESIDENCE ADDRESS
CITY ZIP
DES. PHONEI,.
BUSINESS ADDRESS
•CITY -
ZIP �
--.
Forensic Services -East
HUS PHONE
760 863-7648
D NET0 Ly:.'. :, ` Imo; tiili, :: ... Tf ,, IC
"i T 5'
ugYL . `.. NM (1-asE„First, Middle} SEX..: '.- ' R,A . ' DOB,: -. , .:.. ARE HT WT. HAIR
'-.EYES SKIN
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RESIDENCE ADDRESS CITY ZIP -
RES. PHONE.
BUSINESS ADDRESS - CITY ZIP
Bus. PHONE
'IC
7NY7,,:: ..NAME(Laat,Fiasi,Middla) EX ]AG
, RACE ., DOSS,. -`A.GE - HT WT. HAIR EYES SKIN
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RESIDENCE AD[2RE55.
ZIP -
RES. PHONE
BUSINESS ADDRESS - CITY ZIp BUS. PHC$....
yyyy
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'T' tv: `_:� "s -,.1. .. d i
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BTVd+ It L 'NAME (Leal, Fars? Middle)F7C& RACSa - Lfi3S; .e ARE HT. WT. HAIR EYES SKIN
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RESIDENCE ADDRESS
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CITY ZIP
:. RES PHONE-
BUSINESS ADDRESS
-CITY ZIP
BUS. PHONE
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CITY zip BUS.. PHCN'kl.'.
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dr` NAME (Last, Persl, Meddle)
SEZC 9 IiACL DOB : ARE 13I" , WTI FVxIR � SKIN
RESIDENCE ADDRESS
CITY ZIP
RES. PHONE
- BUSINESS ADD.:SS
CITY ZIP BUS. PHONE
T�'.QI�Ir'1}sn �,:;
Ti-p s2 -3, NAME (tl..asi, Firs) Middle}
5�,)AGE
S -.
HT. WT. HAIR EYES SKIN
RESIDENCE ADDRESS
CITY -
ZIP DES. PHONE
BUSINESS ADDRESS
CITY
-
ZIP
BUS. PHONE
,
^" NAME (Laai,.Frsi, Middle}
x
SK;' ax 1I.4C'-r DOII ; t3i AGE lie wT.
HAIR EYES .SKIN
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RESIDENCE ADDRESS
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CITY ZIP
RE5.. PHONE
BUSINESS CITY ..
BUS, PHONE
ry�ADDRESS
. ... -.. �ZyIIP
3 :2fT'x „r.DA"f3'E cI?7 'IC`'Y.�. �,'. F xsvp#4,nr�:i; r ::3Y .-. $1 :.,:h i.�'Ffi 1: <•° M, `a'. {- sY �"° "Yi.i: Y f fd.t.�„.,. ..1.y ,`. �'s, lT
I.,:- 4... 3'.
..._ c_ -
�I NAME (Leal, Ftraq, P,hiddie7 SEX t x Ii ,AGE HT WT.
1''+ , .
HAIR EYES SKIN
RESIDENCE ADDRESS CITY ZIP
RES., PHONE
BUSINESS ADDRESSn CITY
ZIP
BUS. PHONE
:ra t A'IT1r,. ItiiT(14JSR� S a't`�*. ¢, kx Y }r .. p✓x
x.
s...-t 'Ci y',f ..�. .'r".., 'jN 2 s
NAME (Leal, First Middle}
i AGE HT MI'f,
HAIR EYES SKIN
RESIffiENCB. ADDRESS CITY ZIP -
DES. PHONE.
tIS ADDRESS - CITY 21P
BUS. PHONE
PSPD-003070
I EVIDENCE:
2
3
ITEM: QUANTITY:
DESCRIPTION:
4
5
BR-1 1
handgun, Glock model 22,.40 caliber semi -automatic
6
pistol, serial 4BKL995US. Barcode #0678977,
7
8
BR-2. 1
Live round, .40 caliber round bearing the headstamp
9
Winchester 40 S&W, removed from the chamber of the
10
above -listed Glock handgun, Barcode #0678974.
11
12
BR-3, 1
Magazine containing 15 live .40 caliber rounds, each with the
13
headstamp Winchester 40 S&W, removed from the above-
14
listed Glock handgun. Barcode 40678975.
15
16
BR-4, 1
Magazine for Glock handgun containing 15 live .40 caliber
17
rounds, each with the headstamp Winchester 40 S&W,
18
collected from Officer Arnold Galvan's magazine pouch.
19
Barcode #0678976,
70
_,11 Detective Huskey and I delivered the above -listed items to DOJ on 06-17-05 for later inspection,
'(� PHOTOGRAPHIC EVIDENCE:
24
25 Overall photographs of Officer Arnold Galvan were taken by Forensic Technician Vanderhoof and
26 Forensic Technician Jernegan. The undeveloped photographic negatives were maintained in their
27 possession for developing at a later date,
28
29 DETAILS:
30
31 On 06-16-05, at approximately 1911 hours, I began charting the handgun of Palm Springs Police
32 Officer Arnold Galvan. I saw Officer Galvan was wearing a Palm Springs Police Department short-
33 sleeved uniform shirt clearly marked with Palm Springs Police Department patches on both sleeves,
34 as well as Palm Springs Police Department uniform badge affixed to his left chest. He was wearing
35 dress blue uniform pants and black boots. Officer Galvan was wearing a basket weave Sam Browne
36 gun belt containing a radio holder with a HT radio with a lapel microphone clipped to the center
37 chest area of his uniform shirt, two handcuff cases, pepper spray pouch, a holster for his primary
38 handgun and a dual magazine pouch containing one magazine.
39
40 At my direction, Officer Galvan removed his handgun, a Glock model 22, .40 caliber semi-
41 automatic pistol, serial #DKL995US, from his holster and Placed it on a sheet of butcher paper,
4 ' 2 The pistol was photographed by Forensic Technicians Vanderhoof and Jemegan. After the pistol
�3 was photographed, Officer Galvan unloaded it, and placed it back on the butcher paper.
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
PSPD-003071
W.A
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
I found Officer Galvan's pistol had one live .40 caliber round in the chamber, and the magazine that
was in the pistol contained 15 live .40 caliber rounds. Officer Galvan had one magazine inside his
dual magazine pouch. This spare magazine contained 15 live .40 caliber rounds.
Forensic Tecnicians Vanderhoof and Jernegan photographed the unloaded pistol, the magazines and
the rounds that were contained within the magazines.
Officer Galvan told me he did not carry a secondary/backup weapon, and he did not possess a tape
recorder at the time of the incident.
CASE STATUS: Arrest.
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9181)
PSPD-003072
1. Date 2. Time
5.4r Receipt 7 Release
-sidence Address
9. Business Address
10. Item
$71
RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
PROPERTY REPORT
3. Offense 4- FileNumber
0 /1
6. ❑ Evidence 0 Found Property E-1 Safe Keeping 0 12028.5 PC (See, Below)
Phone
Phone
I L Quantity
12. Description
eWw
- I XICUrKISCU U No
AFFIDAVIT OF FINDER OF PROPERTY
I declare that on: DATE _TlmF, I found or saved the above described property and that the owner is not
known to me. I have not secreted, withheld or disposed of any part of said property; and I have saved the property from the
following manner
I declare under PENALTY OF PERJURY that the foregoing is true.
Signed:
Date
Witness:
Date
If you wish to claim the above described property, contact this department after ninety (90) days. If the owner is not located arid you
have not contacted this department within one hundred twenty (120) days, the property will be disposed of.
16.
12028.5-PC WEAPONSIFIREARMS SEIZURE
Weapons and/or firearms seized and taken into temporary custody pursuant to 12028.5 PC shall be held by the agency for no less than 48
hours but no later than 72 hours, unless in accordance with 12028,5(e) PC, forfeiture proceedings are initiated by the seizing agency.
To inquire about the return of your weapon(s) and/or firearm(s), contact the Property Room Clerk of
Station at phone number during normal business hours. You will be notified within ten (10) business days if
forfeiture proceedings are initiated. Weapons and/or firearms not claimed within twelve (12) months of the date of seizure shall be
deemed a nuisance and disposed of in accordance with 12028.5 (d) PC.
, I rage
form No. 409 (3/00)
of ----Pages
DiRtTihiltiewr WT41TP-P.11-4- it ANT A Ti - ---- �
PSPD-003073
On June 24, 2005 1 (Sgt Booth) had Officer Galvan's Glock returned to my
custody. It had been examined by RSO and DOJ with no abnormalities. I
examined the bullets that the gun with loaded with, They were department issue
Winchester Smith & Wesson 40 caliber bullets. I su�bmitted the weapon to Range
master Chuck Menley for his examination to determine if the gun was in proper
working condition and was within department guidelines. Menley did confirm that
the weapon and bullets that Officer Galvan was carrying; on the day in question
were departmental approved.
PSPD-003074
DATE PXFITARBD07-07-05
f305167025
7�5 ELI �ST=QN��
6b4i 187 PC
TO OPFEMS — ME —SE—ON (Add. Cg. t.)
2800.2(a) VC
12.0 CODE SR=N
11-10 Freeway W/B X Main St., Cabazon
IN-CT-DF,NT REPORT
RIVFRSIEDE CO'UNTY SHERIFF CA0330000
Attempted murder of a police officer
Ua
Evadina
M
VICTIA —REPORTING PARTY — WITNESS — OTHER:
NAhM (Lm I'm 1,fiddki
Deputy Vasquez, Jose #3205 113 SEA
M
I
I GLOSEO ARREST
El See AdditianaiPersons Report
I Cabazon 50290 Main Street Cabazon I "' ""
-T SPECT: 0 Adult El Juvenile 0 Parole F1 Probation
El See Additional Penow Report ARRESTED
52, NANM 0,MFirs4?&diUc) 53.[4—RACE 155, Dan 56. ACaE 57. ETf 158. WT 1 59. HAM —TFTFB�61 �wn
Kirk. Justin (P.B.) I
PROPERTY REPORT ATTACHED FOR STOLEN, RECOVERED, OR DAMAGED PROPERTY
I
;Aj� JJ f fDATE 13Y I DAT
'Skey 3209 I 1p-c'-sagl� 02 90 A
U
J!
85. DIRO SMoN oF vEm=
Towed and stored
SF. DAWAUF-D FROrFRTY
7- ' 11 =--Y--
PSPD-003075
41
0
B05167025 CONTINUATIONHi
Page 2
1 LET S:
2
3 On 070605, 1 received the attached "California Department Of Justice Physical Evidence
4 ExaminationReport" number RI-05-006524-01. This report details the examination and test firing
5 of the weapons fired by Palm Springs Police Officer Galvan, Riverside County Sheriff's Deputies
6 Montoya, Hernandez and Barros.
7
8 As per the report, all weapons functioned properly during the examination and test firing.
9 This supplemental report will be closed "Arrest'" anal forwarded to Investigator Powers,
10
11
12
13
14
15
16
17
18
19
20
/-2
23
24
25
26
27
28
29
30
31
2
33
34
35
36
37 __.._
38
39 C.A-E STATUS:
40
41 ARREST
2
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81) 2
PSPD-003076
le
RBQCRSTING AGENCY CASE NO. CALIFFORNIA DEPARTMENT OF JUSTICE
B05 167025 BUREAU OF FORENSIC SERVICES
RIVERSIDE LABORATORY
7425 Mission Blvd. Riverside, CA 92509
Phone No. (951) 361-5000 FAX No, (951) 361-5010
AT -TN; R. Huskey COPIES:
Central Homicide Unit
1500 Castellano Rd.
Riverside, CA 92509
SUSPECT: KIR& JUSTIN
VICT,Bf: GALVAN, MONTOYA, HERNANDEZ, BARROS
BFS CASE NUM13ER
RI-05-006524-01
OFFENSE: 664/187 P.C. // OIS
OFFENSE DATE: 06/16/05
I the zindersigned, if called as a witness, would testify that 1., (1) am employed by the State of California Department ofilatice, (2) conducted an examination of and
(3)fo—ed conclusions as stated in this repthe undeign decare report. I rs ed this information is to P
e and correct underpenalty of perjury.
l
Iterns 0678977, 0678936, 0678966, and 0678939 functioned properly during examination and testing.
,The following evidence was submitted to the Laboratory by Huskey of the Riverside County Sheriff on
717/05:
Galvan
0678977 Glock model 22,.40 S&W caliber semi -automatic pistol, SN DKL955US
0678974 One live round, "Winchester" head stamp
0678975 Magazine for item 0678977 containing 15 live rounds
0678976 Magazine for item 0678977 containing 15 live rounds — 4 rounds consumed in testing
Montoya
0678936 Colt M-16 Al, 5.56mm semi -automatic rifle, SN 5130203
0678938 One live round, "Winchester" head stamp
0678937 One magazine for item 0678936 containing 25 live rounds — 6 rounds consumed in testing
Hernandez
0678966 Colt M-16 Al, 5.56mm semi-automaticrifle, SN 4823049
0678965 One live round, "Winchester" head stamp
0678964 One magazine for item 0678966 containing 22 live"rounds — 6 rounds consumed in testing
Barrbs
0678939 Bushmaster model XM-15 E2S, .223 rem/5.56 mm semi -automatic rifle, SN Ll 19931
0678940 One live round, "Winchester" head stamp
1 0678941 One magazine for item 0678939 containing 11 live rounds — 6 rounds consumed in testing
BPS 6 Page 1 of 2
�P
PSPD-003077
f'Fjvelsde County Sheriff
EXAWNATiON
RI-05-006524-01
The submitted Glock model 22, .40 S&W caliber pistol (item 0678977) was examined for safe function and
using a submitted magazine and 4 rounds of
ammunition from it (item 0678976). The pistol's
trigger safety and (internal) firing pin safety were functional. The trigger pull was measured at
appiroximately 6.4 lbs., which is within the range of 34 other similar pistols in a trigger pull database. The pistol
was test -fired, and functioned normally during the test firing.
The submitted Colt M-16 rifle, (item 0678936) was examined for safe function and test fired using the
submitted magazine and 6 rounds of the ammunition from it (item 0678937). The rifle has been converted from
fully automatic to semi -automatic. The rifle's disconnector, and manual safety were functional. The trigger
pull was measured at approximately 8.6 lbs., which appears to be at the high end of the range for this type of
rifle. The rifle was test -fired and functioned normally during the testing.
The submitted Colt M-16 rifle, (item 0678,966) was examined for safe function and test fired using the
subr'nitted magazine and 6 rounds of the ammunition from it (item 0678964). The rifle has been converted from
fully automatic to semi -automatic. The rifle's disconnector, and manual safety were functional. The trigger
pull was measured at approximately 7 lbs,, which. appears to be normal for this type of rifle. The rifle was test -
fired and functioned normally during the testing.
The submitted Bushmaster model XM-15 E2S rifle (item 0678939) was examined for safe function and test
fired using the submitted magazine and 6 rounds of the ammunition from it (item 0678941). The rifle's
disconnector, and manual safety were functional. The trigger pull was measured at approximately 7.6 lbs.,
which is within the range of 10 other similar rifles in a trigger pull database. The rifle was test -fired and
functioned normally during the testing.
"'SPOSITION
The submitted firearms and associated items will be returned to the submitting agency. The laboratory will,
retain the test -fired bullets and cartridge cases.
EXAMINED BY:
Date of Report-, June 23, 2005 PHILLIP C. PELZEL
Senior Criminalist
Technical Review by: _j bt-
Administrative Review by:
PCP : pep
Page 2 of 2
Date.
Date::�M
PSPD-003078
PSPD-003079
Officer Galvan was then asked; by Detective Spivacke if he would give a
statement to the criminal investigators. Galvan and his • Mr. Krause,
acknowledged that they would and both were taken into an interview room that
was equipped with a video camera. I (Sgt Booth) was allowed to observe and
monitor as Officer Galvan was being interviewed.
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The suspect vehicle turned north on Gene Autry Trail and collided with a car at
Via Escuela as it drove at a high speed reckless manner on the shoulder of the
road (heavy street traffic). Officer Galvan said that the suspect collided again
with another vehicle at the freeway entrance as it entered westbound Interstate
10. At this point, Officer Galvan said that he was #3 in the pursuit and they
continued westbound at a high rate of speed. In the area of Cabazon, Officer
Galvan said that he saw the back window shatter. His immediate thought was
that the suspect was shooting at him and/or the other police units. He also heard
the radio traffic where one officer/deputy called in an 11-99, shots fired".
Galvan said that the two units in front of him then separated and one almost
collided with the center median. Galvan said that he too moved from directly
behind the suspect vehicle, fearing that the suspect would shoot again. Near the
area of the Casino Morongo, Officer Galvan said that he thinks CHIP spike -
stripped the suspect vehicle. Shortly afterwards, the suspect lost control of his
car, collided into the center median and stopped in the #3 lane. Officer Galvan
said that he stopped his unit 100 or 200 feet behind the suspect vehicle, exited
and took cover behind his driver door. Galvan said that he could see movement
in the car and could hear gunshots coming from the suspect vehicle. He said
PSPD-003080
that he felt his life was in danger and he feared for his life. He removed his
service pistol and fired 12 to 14 shots into the back and center of the suspect
vehicle. He said he could see and hear other officers also firing at the suspect
vehicle.
Officer Galvan said that he heard someone yell "Cease Fire". He said that at th
point he dropped the magazine that was in his pistol and loaded a new one, fro
his belt, into his pistol. He saw the suspect give up, put his hands in the air and
remove the bulletproof vest. Galvan said that he did not see a gun at this time.
He then guarded the passenger side of the suspect vehicle while other officers
approached the suspect and took him into custody without incident. I
Detective Spivacke then asked Officer Galvan to draw the scene on a paper
depicting the locations of the cars at the location of the stop. At approximately
2000 hirs, the interview was concluded.
PSPD-003081
INCIDENT REPORT
06/20105 RIVERSIDE COUNTY SHERUT CA0330000
B05167025
6.Ad.11ARR 7. lu, ARR
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12. OFFENSES - 66D—F SECTION (Add. Chgc Jo)
�dms 13.EOP CODE
14. LOCATION OF OCOLMEENCE
5. REP. DIST. 16, OCICUMRREMD ON:- DATE I TIME
17. ORB I -
IE7Tvmw, DATE�TW
lg.'Bff1NMS NAME
BUSINESS
19, BUSINES
US_ SPBONE
20, CASE STATUS I�CE�
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VICTIM — REPORTING PARTY — WITNESS — OTHER:
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32. RESIDENCE ADDRESS
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33: RES. PHONE
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--
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47. RESIDENCE ADDRESS
RES. PHONE
49. BUSINESS ADTfRESS
CITY ZIP —50—Eus —Imm
RSO-: Cabazon
-IPECT. 0 Adult E-1 jvniie El Parole El Probation
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Kirk, Justin P/B
53. SEX 4. RACE
56, AGE 157. HT
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62. DRIVERS LICENSE NUMBER I ID —NLWER
63. STATE. G4 5bi€A1. SECURITY NUMBER
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67. RESIDENCE
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71. E DISPOSITION:
Other funs. I Widiia Pgt- Detained L I Not Detained
TL GANG DATA
73TATTOOS I SCARS / MARKS / CLOTG DESCRIPT16N--
Gang Name(s):
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REPORT ATTACIMD FOR STOLEN, RECOVERED, OR DAMAGED PROPERTY
1673
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�oim A frp rev 2/98
PSPD-003082
141800 Washington ST. #B105-324
Galvan, Arnold (Officer) #11060
5 ol
I
PAGE OF
SUPPLEMENTAL
760.345-6268
32. NAI& ClasR FirA MEdffl,,) 34, kktE 35. DOB
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Mackie, Daniel (Detective)
42, RESMINC,
Cathederal City PD ZIP 43. FM, F NE
44, EUSRMADDRUS --aT—y Z2 45. SUS. PRONE
68700 Ave. Lalo Guerrero Cathederal City 760-770-0300
17. NANW (Lm� Fks4 I&ddc)
Montoya, Steven (Deputy) #2387
52. NAW(Lw. F=' Wait)
Skiles, Bernard (Deputy) #3790
77. NAAdE {Last. First, 14Bddtt)
Al -faro, Martin (Deputy) #3485
Lm-
LOT WAI� (La Fkt, —Nhddje) —77
Det. Powers
PSPD-003083
17 mliff
B05167025
ADDITIONAL PERSONS REPORT
RWERSIDR COUNTY SHERIFF CA033000
VI, . AM -REPORTING PARTY -WITNESS - OTHER:
PAGE OF
PSPD-003084
i
Bfl516702
RWERSIDE COUNTY SHERII+Iy CA0330000
VI, _1M - REPORTING PARTY - WITNESS - OTIMR.
PAGE OF
PSPD-003085
B05167025 CONTINUATION SHEET Page 5
0)
3 ITEM:
OUANTITY: DESCRIPTION:
4
5 RS-5
1 Videotape- videotape of interview with Officer Arnold
6
Galvan. Tape placed into evidence at the Cabazon Sheriff
7
Station. Bar Code #0619839.
8
9 RS-6
1 Audio tape- of interview with Officer Arnold Galvan. Tape
10
placed into evidence at the Cabazon Sheriff Station.
I I
Bar Code #0619839.
12
13 RS-7
1 Drawing- drawing of the scene made by Officer Galvan.
14
Drawing placed into evidence at the Cabazon Sheriff Station.
15
Bar Code, # 0619840.
16
17 DETAILS
18
19 On Thursday 061605, at 1930 hours, Detective Reno and myself interviewed Palm Springs
20 police officer, Arnold Galvan. Also present during the interview, was Officer Galvan's attorney,
Robert Krause. I explained to Galvan, I wanted him to give me a narrative I ative of the incident and
periodically I would ask him question to explore his statement in greater detail. The interview was
23 audio taped and the following is a summary of it.
24
25 Officer Galvan told me he began his shift at 0630 hours, that morning. He told his normal
26 shift is day shift, and he works uniform patrol in a one-man unit. I asked him what patrol vehicle he
27 was driving, he said Unit #36-01 and it was a marked Pah-n Springs police Ford Crown Victoria.
28
29 1 asked him when he first became aware of the incident regarding Justin Kirk. He told me
30 sometime after he went out on patrol, he doesn't recall the time, he received a text message on his
31 Nextel from Sergeant Tokier, indicating the Coachella Valley gang task force was in the city of
32 Palm Springs looking for a homicide suspect.
33
34 Officer Galvan told me at approximately 1500 hours, be was leaving the Palm Springs
35 Police Department responding to a call, when he heard the gang task force attempting to stop the
36 homicide suspect vehicle in the area of Taquitz and Farrell. Shortly after that the officers broadcast
37 via radio that the suspect had "failed to yield", meaning the suspect wasn't stopping.
38
39 Officer Galvan told me he began to monitor the radio traffic and since he was in the area, he
40 began to follow the pursuit. He told me in the area of Baristo and Farrell, he got into the pursuit. He
41 said as the car drove by him, he got within 100 feet of it. He described the car as a white Mitsubishi,
1 42 4-door with one male occupant driving. He didn't know the race of the driver, but he had short hair.
The vehicle continued northbound on Farrell and Baristo at a high rate of speed. He told me the
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9181)
PSPD-003086
Los i I - UN "I.
I Mitsubishi was driving recklessly swerving in and out of traffic, and in fact had crossed into
2 oncoming traffic at Farrell and Vista Chino, officer Galvan said at that point, he was the second
3 unit in the pursuit. He told me the primary unit in the pursuit was a Cathedral City Police car,
4
5 Somewhere in the area of Farrell and Vista Chino, Officer Galvan said he saw the driver of
6 the Mitsubishi put something on. He said at that time, he thought it might have a bulletproof vest
7 from the way the suspect put it over his head.
8
9 He said they got to Gene Autry Trail and headed northbound. At Gene Autry Tr. and Via
10 Escuela, the white Mitsubishi sideswiped a vehicle. Officer Galvan does not recall what type of
11 vehicle it was. They continued northbound on Gene Autry Trail approaching the 10 Freeway with
12 the Mitsubishi driving very recklessly at 70 to 80 miles per hour. As they approached the freeway
13 entrance, the white Mitsubishi hit several vehicles in the area of the onramp. The vehicle then got
14 on the westbound I-10 Freeway and began to head westbound at approximately 80 to 100 miles per
15 hour. He continued to drive recklessly swerving in and out of vehicles and Officer Galvan said he
16 almost caused several accidents.
17
18 Officer Galvan said as they continued westbound on the 1-10 in Cabazon in the area of the
19 dinosaurs, he does not know which off ramp, he was watching the suspect's vehicle as be was
;20 chasing it when he suddenly saw the rear window of the suspect vehicle shatter. Officer Galvan said
at that point, he was the third unit in the pursuit. He said the Cathedral City police car was directly
in front of him and another police vehicle was in front of the Cathederal City Police car. As the rear
23 window of the vehicle shattered, both units swerved away in what Officer Galvan assumed was an
24 effort to get out of the way of the shots. He thought the driver of the white Mitsubishi was shooting
25 at them.
26
27 Officer Galvan said one of the units put out ,,1199,, over the radio, which means "officer
28 needs assistance immediately". As they continued westbound on 1-10 shortly after the suspect fired
29 at the deputies, Officer Galvan said he saw what he thought were two officers on the side of the
30 street laying out a spike strip. As the suspect passed those officers, Officer Galvan said he believed
31 the suspect hit the spike strip 'because just after he hit the spike strip, the car hit the concrete center
32 median.
33
34 Once the vehicle hit the center median, it went into the center of the freeway and came to a
35 stop. When the suspect vehicle came to a stop, Officer Galvan pulled up to a stop as well and got
36 out of his vehicle. As soon as Officer Galvan got out of his car, he saw movement in the suspect's
37 vehicle and began to hear gunshots coming from the vehicle.
38
39 As he believed the suspect had already fired at them while they were driving on the freeway
40 and was now firing at them again, he began to fire his handgun at the vehicle. He said he fired
41 approximately 12 to 14 rounds. I asked him more specifically as to why he fired at the vehicle. He
42 said when the suspect's vehicle came to a stop he saw the suspect motioning over his shoulder and
then began to hear gunshots coming from the area of the suspect's vehicle. He didn't see a gun in
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
PSPD-003087
I the suspect's hand, but based on those circumstances believed the suspect was firing at them again
2 and he began to fire. I asked him why he stopped firing. He said he wasn't able to see the suspect
3 anymore and he began to hear officers yelling "cease-fire". He believed the officers yelling "cease-
4 fire" might have a better view of the suspect than he did, so he stopped firing as well.
5
6 At this point in the interview, I asked Officer Galvan to draw a picture of the scene
7 including the location of the suspect's vehicle, as well as his own vehicle, which he did. A copy of
8 that drawing is attached to this report.
9
10 Officer Galvan said when he ceased firing; he knew he had fired numerous rounds, so he
11 changed magazines. When he reloaded his gun, he left the empty magazine inside of his car. At that
12 point, he said the suspect in the white Mitsubishi exited his car with his hands in the air. Officer
13 Galvan said he saw the suspect wearing a bulletproof vest. The suspect removed the vest and threw
14 it to the ground. He then lay on the ground face down and was taken into custody. I asked Officer
15 Galvan if the suspect said anything while either he was in the car or getting out of the car. Of
16 Galvan said he couldn't hear the suspect say anything and does not know if he did or not. I ended
17 the interview with Officer Galvan at approximately 2000 hours.
18
19 CASE STATUS: Open-CRW2.
20
REPORT1NG DEPUTY: DEAN SPIVACKE, #1673
06/19/05 T: 06/19/05 Job: 985.236.80 DS: jlM
RIVERSIDE COLINTY- LAW ENFORCEMENT AGENCIES
FORM C (9181)
PSPD-003088
1
1
PSPD-003089
PSPD-003090
OFFICER GALVAN SERVED NOTICE/ADMINISTRATIVE LEAVE:
At the Palm Springs Police Station Officer Galvan was placed on Administrative
Leave with pay. I (Sgt Booth) also ordered him to leave his department cell
phone turned on during the day and told him to contact either of the patrol
lieutenants daily, around noontime, Sgt Reyes then served Officer Galvan with g,
notice that an Internal Investigation is being conducted on this incident. It
ordered him to report, with his representative, to the PSPD Sergeant's office for
an interview on June 23, 2005 at 12 noon. Officer Galvan signed the
memorandum and he was given a copy.
PSPD-003091
DATE: June 16, 2005
TO: Officer Arnold Galvan
FROM: Sgt. Bryan Reyes
SUBJECT- Internal Affairs investigation
An investigation is currently being conducted regarding a vehicle pursuit that resulted in an
officer involved shooting on 6/16/05 at approximately 1459hrs. You are to rep
ort to the Palm
Springs Police Department Sergeant's hallway office on Thursday, June 23 r , 2005 at 1200
hours to answer questions relating to this investigation. I will be the officer in charge of the
interrogation. Sergeant John Booth has been scheduled to attend this inter -view.
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 later 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/or 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.
The City, as your employer, shall not cause you to be subjected to visits by the press or news
media at work without your express consent, nor provide your home address or photograph 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. This interview is scheduled during your
regular working hours.
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 your 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.
Please make arrangements for you and your representative to be present at this interrogation
interview. If you have any questions prior to the interrogation, please do not hesitate to call me.
My phone number is 760-3237.8 15, or I can be reached by cell at 760-218-2600. Notice
served on Thursday,,lune 1 0,2005, by Sgt. Bryan Reyes.
Received b
Date
(Garrity Notice)
E.;NW�S
6.
PSPD-003092
PSPD-003093
INTERNAL INTERVIEW OFFICER GAILVAN:
This interview started at 1205 PM on June 23, 2005 in the Detective Conference
Room at PSPD. Present was Sgt Bryan Reyes, Robert Krause, Officer Arnold
Galvan and myself (Sgt John Booth). Prior to starting the interview Officer
Galvan was read his Constitutional Right, which he stated he u�nderstood and
declined to speak to us. He was then ordered to speak to us in this
administrative interview. This entire interview was recorded (CD attached) and a
typed transcript is attached.
We gave Officer Galvan and his attorney, Mr. Krause, an opportunity to read over
the faxed statement that Det Spivacke (RSO-CHU) had prepared from his
criminal investigation interview. Galvan agreed that this was an accurate
representation of his statement except for page 6, lines 39-43. It should say that
he saw movement in the back and believed it was a gun in the suspect's hands.
Galvan also noted that it did not note that he was in fear of his life and that was
the reason he fired at the suspect.
Galvan then answered several questions about his day, mood, any med'icatio
he was taking and the shift he was working, These answers were uneventful.
He followed up with conversation about his experience as a police officer, his
training and what he was wearing on the day of this shooting. These answers
were also uneventful. 31
We then confirmed that the gun and ammunition that Galvan used that day was
in fact a gun that he had qualified with and was authorized to carry on duty.
Galvan told us that on the day in question, he was working an overtime day
watch assignment. He received a text message on his Nextel around noontime.
The message was from Sigt Tokier warning all the officers about the CVGTF
being at 280 S. Cerritos, staking out for a murder suspect. Later in the afternoon,
Galvan told us that he heard over the police radio that the CVGTF was in pursu�it
of the possible murder suspect and Galvan responded from the east exit gate of
the police station. He was driving his issued department poilice car (unit #36-01)
and was wearing; his Class "B" standard police uniform.
Galvan stated that he became involved in the pursuit near Farrell and Baristo
when the chase went by him. Because the other cars chasing the suspect were
unmarked cars, he immediately moved into the number 2 position, right behind a
CCPD marked patrol car. He said that during this time and until the conclusion of
the pursuit, he had his emergency lights on and his siren activated.
PSPD-003094
In the area of Vista Chino and Gene Autry Trail, Officer Galvan told us that he
overheard on the police radio that the suspect was putting on a bulletproof vest.
He said that he too observed these actions by the suspect and it caused him to
elevate his threat level. Officer Galvan felt that the suspect was preparing
himself for a gunfight,
This pursuit eventually goes west on Interstate 10 at speeds over 100 mph, wit
Officer Galvan still behind the suspect. Near Fields Road, Officer Galvan said
'that he saw the rear windshield of the suspect's vehicle shatter outward.
Someone, over the police radio called out 11-99, shots fired". Officer Galvan
said at this point he felt that the suspect was shooting at him and he took evasi)
:#.riving actions to avoid getting shot, M
ffloments later Officer Galvan said that the suspect vehicle collides with a U-Haul
truck and then struck the center concrete median coming to a stop in the #2 or #3
westbound lanes. He and all the other police cars stopped about 200 to 250 feet
behind the suspect vehicle. As Officer Galvan was exiting his police car he said
he heard repeated gunfire and could see movement in the suspect vehicle. He
believed that the suspect was shooting at him. Fearing for his life, he elects to
return fire.
We spent quite some time dealing with timing and the placement of Officer
Galvan's police car. From our determination, it appears that the police cars all
arrived at their positions within seconds. Sgt Tokier was stopped a second or
two ahead of Galvan and directly to his left. It also appears that some of the
shooting was coming from Galvan's left, which is consistent to other officers
firing. Officer Galvan said that he had an unobstructed view of the suspect
vehicle. He said he sees the suspects moving inside the vehicle and can see
what he believes is a gun in the suspects hands. He also can hear the gunfire
coming from the suspect's vehicle. Officer Galvan said that he fired 12 to 14
shots at the location in the vehicle where he thought the suspect was. The
backdrop was a lane of the freeway that was clear of any vehicles, to the best of
Officer Galvan's recollection.
When the command of "Cease Fire" was ordered, Officer Galvan told us that he
Immediately dropped the magazine that was in his gun and put in a new fully
loaded one. He then covered the right side of the suspect vehicle while an arrest
team took the suspect into custody.
PSPD-003095
should go to the range for training". Galvan said that he did not respond to this
statement, in fact did not ever speak to the suspect. He also confirms that he
never touched the suspect at any time during this event.
At this point the interview was completed and Galvan was ordered not to discus�
this with any third party until the completion of the investigation.
PSPD-003096
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 I have explained to you? Yes
No
*With these rig is in mind, would, you like to speak to me now? Yes
No
LYBARGER ADMONISHMENT
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 administratively.
This is an administrative investigation. I am, therefore, now 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.
Any statement you make under compulsion of the threat of such discipline is for
administrative purposes only and cannot be used against you criminally.
The department recognizes that you are not waiving your Fifth Amendment right to
remain silent and we will not be providing any criminal investigator with access to this
interview absent proper court authority. In the event that if any criminal investigator
seeks access, we will notify you and you will be given the opportunity to oppose such
efforts as you and your counsel see fit.
In any event, 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 our responsibility to complete this administrative interview, and we 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.
I understand my rights as described in the LYBARGER ADMONISHMENT and will
will not discuss this matter with you administratively.
SIGNATURE DATE:
WTINESS DATE:
PSPD-003097
PSPD-003098
INTERNAL INTERVIEW OF SGT TOKIER:
This interview started at 1455 hours on June 23, 2005 in the Detective
Conference Room at PSPD. Present were Sgt Abraham Tokier, Sgt. Bryan
Reyes and Sgt Booth.
Sgt Tokier was told that this interview was being conducted to confirm that no
policies were violated' and that he was strictly a witness. The complete typed
transcript of this interview is attached as to this investigation. He informed us
that he was the Day Shift Sergeant on June 16, 2005 and after rece:iving
information that the CVGTF was in town, he sent out a text message to the patrol;
officer on duty.
Sgt. Tokler later remembers hearing one of the CVGTF units calling over the
police radio stating that he was in pursuit of the homicide suspect. Tokier said
that he was just leaving the police station and responded, Code 3 in his marked
assigned PSPD car (#68-99) toward Farrell and Ramon. At Baristo and Farrell
he spotted the pursuit and he along with Officer Galvan joined in. He remembers
that only one of the units in the pursuit was a marked car so he instructed Officer
Galvan to move forward and take the #2 spot in the pursuit. Tokier said that he
moved to the #3 spot, with the undercover CVGTF units behind them. He also
remembers that during this entire chase, Officer Galvan had his emergency lights
and siren activated.
Sgt Reyes and I had reviewed Tokier's earlier report and we confirmed with him
that the details were an accurate representative of what happened that
afternoon. He said that it was true and correct.
Sgt Reyes and I then focused our discussion on the conclusion of the pursuit.
Tokier said that when they were near the new casino he heard one of the other
police units call over the police radio that there were shots fired. Tokier said that
he saw glass explode from the suspect's vehicle and then watched as the police
units that were ahead of him made evasive maneuvers to avoid getting shot. At
this point, Officer Mackie (CCPD) was #1, and RSO unit was #2, Galvan was #3
and Tokier said he was #4.
Sgt--Reyes and I spend some time confirming that even from Tokier's positio
(#4) that he was sure that the shot came from inside the suspect's vehicle,
through the rear windshield toward the pursuing police cars. Tokier said the
was no question in his mind. I
Tokier said that one of the other cars put out an 11 -99 and shortly thereafter the
suspect vehicle collided with a U-Haul truck and crash into the concrete median.
The suspect vehicle came to rest in the #3 or #4 westbound lane of Interstate 10.
IN
PSPD-003099
Sgt Tokier said that all the pursuing units came to stop several hundred feet
behind the suspect vehicle. As Tokier was stopping he told us that he could see
the suspect behind the wheel, turning around and looking at the officers. The
suspect had a weapon in his hand and it was pointing back toward the officers.
He could hear shots being fired and he his first inclinations was that the suspect
was shooting at him (them). Sgt. Tokier said that he grabbed his shotgun and
prepared to get it out of his police car to engage the suspect. Several other
officers were already shooting back at the suspect and Tokler said he saw the
suspect it down in the seat and out of his view, It was at this point he yelled for
the officers to "Cease Fire".
Sgt Tokier said that he looked to his right and saw that Officer Galvan had
complied with his order and was not shooting. At that point he saw a gun come
flying out the drivers door and land on the pavement ahead of the suspect
vehicle. The suspect then threw a bulletproof vest out and started to comply with
the verbal orders that the deputies were giving him. Several times during this
arrest, the suspect became non -compliant and acted nonchalant. Sgt Tokier said
the suspect was arrested without incident and brought back to the pol;ice cars
and placed in a unit (not his or Officer Galvan's). As the suspect passed the line
of police cars he said to the officers something similar to "you motherfuckers
need some range training". Neither he nor Galvan replied. Also neither touched
him whatsoever.
We then questioned Sgt. Tokier about what was behind the suspect vehicle
(down range). He said that the empty freeway was the backdrop. Further west
as the freeway curves left, any of Officer Galvan's bullets would have gone in the
desert north of the freeway.
We then spend some time questioning Sgt. Tokier why Officer Galvan shot, yet
he didn't, even thought he arrived before Galvan. Tokier told us that he saw that
others were shooting and he determined that his role was that of asupervisor
and enough people were shooting.
Sgt. Tokier also said that from the actions of the suspect (gun in his hand,
pointing it at the officers), he did not have then, or does he have a problem now
with Officer Galvan shooting at the suspect.
PSPD-003100
1EPORTING OFFICER TO NO- DATE I OR NO,
TOKIER 10465 06/16/05 El CRIME REPORT (CONT.) 05-167-0046
iLl' TO
51 j87 PC - Aftempt Murder on Police Officer SUPPLEMENTAL REPORT
11111111 11 11 11
C111 me U mOIL-11 =9111 0 mms'l I i
On 06/16105 at approximately 1200hrs I was informed by Sergeant Mitch Spike that the
Coachella Valley Gang Task Force was conducting a surveillance in the area of 280 Soull
Cerritos In the City of Palm Springs, County of Riverside. Sergeant Spike informed me that
member of the Gang Task Force were conducting a surveillance in an attempt to locate a
homicide suspect from a previous homicide that occurred in the County of Riverside a few
months ago. I then sent out a text page to the six field officers that were working the City of
On 06/16/05 at approximately 1443hrs, I heard Gang Task Force Officers attempting to stop a
vehicle in the area of Ramon and Farrell. While monitoring the Palm Springs Police frequency
channel one, I overheard Gang Task Force Officers indicate the vehicle was failing to stop and
that a pursuit had begun. I was at the station and immediately left and headed toward the
pursuit. I also heard via police radio that Officer Galvan was responding the Gang Task Force
As the vehicle proceeded northbound on Farrell from Baristo, I was able to locate the pursuit
and join it in the area of 100 block of North Farrell, just north of Tahquitz Canyon Way. I then
requested the Gang Task Force Officers allow Of Galvan and myself to move forward to
the front portion of the pursuit due to the fact that we were driving marked units and the fact
that the Gang Task Force had only one marked Cathedral City unit at the beginning of the
SUBMITTED BY:
SUPERVISOR APPROVING ID NO, DATE
TYPED BY DATE
13 VICTIM u WITNESS nOTHER
BOSLER 6/17/05
PSPD-003101
PALM SPRINGS POLICE DEPARTMENT - 3311 Page 2 of 7
REPORTING OFFICER ID NO, DATE pR NO.
TOKIER 10465 06/16/05 El CRIME REPORT (CONT.) 05-167-0046
3! IENTAL TO
6, , 187 PC - Attempt Murder on Police Officer 0 SUPPLEMENTAL REPORT
pursuit. Officer Galvan then became the number two car in the pursuit with me in the number
three position, followed by several Gang Task Force Officers that were driving unmarked cars
At this point during the pursuit, Officer Galvan, unit 557, began calling the pursuit over PSPI
ieispatch channel one, I then overheard Gang Task Force Officers advise that the suspect was
a homicide suspect and he was considered armed and dangerous. The suspect was driving a
white compact Mitsubishi type vehicle.
I then requested air support and a K-9 unit respond to assist us in this pursuit. The suspect
continued northbound Farrell toward Vista Chino at a high rate of speed of approximately 75 to
80 miles per hour. Traffic during this part of the pursuit was medium. There were numerous
cars headed north and south. At Vista Chino and Farrell the suspect made a right eastbound
turn onto Vista Chino headed toward Gene Autry. At this portion of the pursuit it was Cathedral
City's Officer Mackie in the primary position in marked Cathedral City Police unit followed by
Officer Galvan in a marked Palm Springs Police unit, followed by me in a marked Palm Springs
Police unit #68-99.
At Vista Chino and Gene Autry the suspect then made a left turn northbound on Gene Autry
and rapidly accelerated. The suspect continued northbound on Gene Autry toward Interstate
10, past Via Escuela. During this portion of the pursuit there was severe wind and reduced
visibility due to blowing sand. The suspect continued to cross the center median double yellow
SUBMITTED BY; SUPERVISOR APPROVING ID NO. DATE TYPED BY DATE
0 VICTIM 0 WITNESS MOTHER BOSLER 6/17/05
PSPD-003102
PALM SPRINGS POLICE DEPARTMENT - 3311 Page 3 of 7
IEPORTING OFFICER ID NO. DATE OR NO.
TOKIER 10465 06/16/05 El CRIME REPORT (CONT,) 05-167-0046
I! RENTAL TO
1�
)%- -, 187 PC - Attempt Murder on Police Officer 0 SUPPLEMENTAL REPORT
head-on with numerous vehicles. At the intersection of Interstate 10 and Gene Autry, the
suspect tried to get between numerous vehicles that were stopped for the intersection and the
overhead red light. The suspect was then able to enter the westbound Interstate 10 on -ramp
-MERME=
Cathedral City Officer Mackie in his marked Cathedral City unit was able to enter the
JJUTT 1412,111-ZW1111 11 i IIrr:
had stopped, blocking the access to the westbound on -ramp on Interstate 10 at Gene Autry.
Officer were able to motion to the driver of the semi -truck to move forward in a southbound
direction, clearing access to the westbound on -ramp. At this time, Officer Mackie was the only
unit that was able to stay with the suspect vehicle as he continued westbound Interstate 10 at a
several of the Gang Task Force Officers were able to catch up with the suspect and Officer
Just prior to entering the freeway on -ramp the Gang Task Force Officers and Officer Galvan
indicated via police radio that they saw the suspect possibly putting on a bullet-proof vest. The
111 1 111 111 11 � I
61111 11 qiiigi�
unit joining the pursuit in the area of SR1 11 and Interstate 10. 1 believe at this point in the
111101111 1 111:
SUBMITTED BY:
SUPERVISOR APPROVING ID NO. DATE
TYPED BY DATE
0 VICTIM 0 WITNESS o0THER
BOSLER 6/ 17/05
PSPD-003103
PALM SPRINGS POLICE DEPARTMENT - 3311 Page 4 of 7
i1EPO iTINO OFFICER ID NO.DATE iDR NO.
TOKI ER 10465 06/16/05 05-167-0046
❑ CRIME REPORT (CONT-)
3u— -MENTAL TO -
8 18;7 PC - Attempt Murder on Police Officer 0 SUPPLEMENTAL REPORT
followed by several Gang Task Force Officers trailing, the pursuit. Palm Springs Police
Dispatch advised that the California Highway Patrol unit H-60 was en -route from Thermal to
assist with air cover on the pursuit. I then requested assistance from the California Highway
Patrol in an effort to have them take over the pursuit somewhere in the Cabazon area. I then
also requested the California Highway Patrol deploy a spike strip somewhere in the area of
westbound Interstate 10 in an attempt to slow down the suspect or terminate the pursuit.
As the pursuit continued westbound Interstate 10 at approximately I OOmph, the suspect began
shooting out of the back window at officers. The suspect's gun fire caused the first two units in
the pursuit to swerve to avoid being hit. The lead car in the pursuit, which I believe may have
been a Riverside County Sheriff unit or the Cathedral City unit swerved to the left toward the
center median and almost collided with the center k-rail at approximately 90mph. The second
unit in the pursuit swerved to the right which almost collided with Officer Galvan's unit. The
suspect's gun fire caused his rear window to shatter as he fired upon the officers.
As the pursuit continued westbound on Interstate 10, additional Riverside County units joined
the pursuit. Due to the extreme dangerous nature of the pursuit, Officer Galvan and I
continued in the pursuit. In the area of Fields Road and westbound Interstate 10 1 saw that the
suspect rear -ended a u-haul truck that was also traveling westbound. The suspect then
swerved to the left and collided with the center median, bounced off and went in a
northwesterly direction, coming to rest in a northwesterly position in the number three
SUBMITTED BY: SUPERVISOR APPROVING ID NO, DATE TYPED BY DATE
aVICTIM 0 WITNESS DOTHER BOSLER 6/17/05
PSPD-003104
PALM SPRINGS POLICE DEPARTMENT - 3311 Page 5 of 7
REPORTING OFFICES ID NO. DATE DR NO.
TOKIER 10465 06/16/05 El CRIME REPORT JCONT.) 05-167-0046
SU- -MENTAL TO
6 187 PC - Attempt Murder on Police Officer 0 SUPPLEMENTAL REPORT
westbound lane of Interstate 10. 1 then requested that Officer Rode, who was to the rear of the
pursuit create a traffic break and shut down any traffic coming westbound into the situation
At this time during the pursuit there were approximately three Riverside County Sheriff's
Deputies in marked units, and I believe Officer Mackie in the marked Cathedral City police unit
in front of me. I was then the next unit that pulled in and stopped, followed by Officer Galvan
who pulled to my right. I believe the suspect then began firing out the back window, which was
followed by numerous officers from the Riverside County Sheriff's Department, Cathedral City
Police Department, Gang Task Force, and Officer Galvan returning fire at the suspect while he
was barricaded in his vehicle. Numerous shots were fired at the suspect in an attempt to stop
his threat. I then saw the suspect duck down or fall down toward the floorboard area of his
vehicle.
Believing that the suspect's threat had been stopped and he had been possibly been shot I
then yelled "cease fire" to the officer's that were on scene. Due to the loud nature of the event,
I had to yell it several times and also advised it via the police radio in an effort to get officers to
stop their fire. After a few seconds the suspect then threw his weapon, which appeared to be a
dark colored pistol out of the driver's window. The weapon landed approximately five feet
outside of the suspect's vehicle and landed on the freeway pavement.
wearing out the driver's window. At this point I believe the California Highway Patrol H-60 was
SUBMITTED BY: SUPERVISOR. APPROVING ID NO, DATE TYPED BY DATE
0 VICTIM o WITNESS DOTHER BOSLER 6117/05
PSPD-003105
PALM SPRINGS POLICE DEPARTMENT - 3311 Page 6 of 7
1EPORTtN5 OFFICER ID NO.DATE DR NO,
TOKI ER 10465 06116/05 11 CRIME REPORT (CONT.) 05-167-0046
'I" 'MENTAL TO
S / 97 PC -Attempt Murder on Police Officer 0 SUPPLEMENTAL REPORT
overhead circling the event. Several Riverside County Sheriff's Deputies and I believe Gang
Task Force Officers assembled an arrest team on the center median area of the event. The
suspect then exited the driver's side of his vehicle and pruned out on the pavement as directed.
The arrest team moved forward assisted by the K-9 unit and secured the suspect.
I then requested medical respond to the scene in an effort to check the suspect for injuries. I
also requested that we send the Palm Springs Police Critical Incident Team to the scene.
As I walked over to Officer Galvan's location, which was just approximately fifteen feet to the
R I I' 'I N I • I'M III l�i 15� � 11111 1 � �11 I
cartridges laying on the pavement just outside of his driver's door of his police car. I asked
Officer Galvan if he had fired at the suspect and he said that he had.
At this point numerous supervision from the California Highway Patrol and the Riverside County
Sheriff arrived on scene. Sergeant Lind became the on -scene Riverside County Sheriffs
Scene Supervisor. As this event occurred in the County of Riverside, they took over the
criminal portion of the investigation. I then requested additional Palm Springs supervisory
personnel respond to the location. Captain Mike Hall arrived shortly thereafter. Detective
Sergeant Don Fallon and Sergeant Jim Seablom also arrived on scene.
SUBMITTED BY, SUPERVISOR APPROVING ID NO. DATE TYPED BY DATE
0 VICTIM u WITNESS 11OTHER BOSLER 6/17/05
PSPD-003106
PALM SPRINGS POLICE DEPARTMENT - 3311 Page 7 of 7
EPORT5705OFFICER I ID NO. DATE DR NO.
TOKI ER 10465 06/16/05 0 CRIME REPORT ICONT.) 05-167-0046
01�MEJNTAL TO
113T PC -Attempt Murder on Police Officer 0 SUPPLEMENTAL REPORT
111111111 Fill 11111111111111
shooting event and only assisted in shutting down traffic behind the event, I sent him back to
Critical Incident Supervisor Lieutenant Albert Franz arrived on -!scene and directed me to stay
with Officer Arnold Galvan during the remainder of this event. I then accompanied Officer
Galvan to the Riverside County Sheriff's Department Cabazon sub -station so that the Riverside
County Sheriff personnel could conduct their portion of the investigation into this event. After
that was concluded at approximately 2045hrs, I then responded with Officer Mark Stafford,
PSPOA President and Officer Galvan back to Palm Springs. This then concluded my
involvement in this incident.
SUBMITTED BY: SUPERVISOR APPROVING 10 NO, DATE TYPED BY DATE
0 VICTIM 0 WITNESS CIOTHER BOSLER 6117/05
PSPD-003107
PSPD-003108
` purpose of a., w o focus on policy and procedure as
Manualof the incident. Issues of concern are; compliance with the Palm Springs Police
and Palm SpringsP!lice Ga y, Orders.Both explain r- `•
or it -t as a method of operation i, Palm SpringsPolice officers.
ManualGuidelines for Officer Involved Shootings are found in! the Palm Springs Poli
w 40;0
Department members are reminded that the use of force is discretionary.
While sworn officers have a duty to use that degree of force necessary to
protect human life, the use of deadly force is not justified merely to protect
property interests.
Personnel of this department are expected to use good judgment and
each situation will dictate the level of farce to be used. Sworn personnel
using deadly force are accountable for its use. Deadly force can only be
used in compliance with this Section. The use of firearms and force will be
judged on the basis of necessity and reasonableness under the
circumstances.
CaliforniaPenal Code section peace officer
has reasonable cause to believe that a person to be arrested has
committed public offense may use reasonable force to affect the arrest,
prevent escape or overcome
"A peace officer who makes or attempts to make an arrest need not
retreat or desist fromor -r efforts by ! of - or
threatened resistance of the person being"arrested; nor shall such officer
of reasonable force to effect the arrest or to prevent escape or to
overcome
ObjectiveThe use of force is governed by "an objective reasonabileness standard."
-. w .• determined "from the perspective of
reasonable officer on 1 i vision of
hindsight," and "must embody the allowancefor police officers
are often forced to make split-second judgments
are often tense, uncertain, and rapidlyw • about the amountof
forceparticular situation.O'Connor
•*r 490 U.S. 386.
recognizesThe law a one .• w ' of advising an officer howto
react in every situation that may occur.
Police Officers need not avail themselves to the least intrusive means of
responding to a particular situation;r only w. of
conduct identified as objectively reasonable under the circumstances. A
Police Officer shouldadjust the levelof • to meet the changing
demands needed to maintain control of the situation.
PSPD-003109
A number of factors shall be taken into consideration when evaluating
whether reasonable force has been used. These factors include but are
not limited to:
1. Officer/subject factors (age, size, relative strength, skill level,
injury/exhaustion, and number of officers versus number of
subjects
2. Influence of drugs or alcohol
3. Proximity to weapons
4. Availability of other options
5. Seriousness of the offense in question
The following results and finding are made as a result of our investigation which
includes reading the RSO CHU report which they provided, listening to the
recording of the police radio, reviewing the criminal history of the suspect and
observations at the different interviews.
Additionally, the Riverside County District Attorneys Office also reviews the
lawfulness of any use of deadly force by a peace officer. Their review is still
pending although the Office did file several felony counts against the suspect,
Justin Daniel KIRK, including 664/187 PC Attempted Murder on a Peace Officer
with the enhancement of using a firearm in the commission of a crime.
Our review has determined that on June 16, 2005 at about 1443 hours, Officer
Galvan responded to help officers in the Coachella Valley Gang Task Force as
they were attempting to stop a vehicle, which they suspected was being driving
by a murder suspect. As Officer Galvan entered this chase he saw the driver
donning a bulletproof vest. He saw the driver was operating this vehicle in a
manner that showed that he had no regard for his life or the lives of the motoring
public. Then, when it appeared that the suspect is going to be apprehended, he
started shooting at the pursuing police officers/deputy sheriffs. When the
suspect's vehicle is disabled and can go no further, the suspect again arms
himself with a handgun and points it back toward the peace officers. This assault
is observed by almost all of the interviewees. As a result, several officers,
including Officer Galvan shoot at the suspect. This causes the suspect to
surrender without any injury to him, the officers at the scene or any of the
motoring public.
PS P D-0031 10
POLICY EXAMINATION:
We will address issues in question by providing an explanation of what occurred
during this incident as it relates to the various policies and procedures that are
applicable in this investigation,
PSPD-0031 11
305.02 CLASS "B" UNIFORM
After this incident both Sgt Booth and Sgt Reyes observed Officer Galvan at th
scene of the shooting and noted him to be wearing his Class "B" Uniform. A
photo was taken of Officer Galvan and it should be noted that his uniform was i
compliance with the aforementioned PSPD Uniform Policy. He had his badge
his uniform which was in compliance with 345.12. A review of his California
Drivers license revealed him to have a current valid drivers license in complian
with 345.13 of the PSPD Manual. I
PSPD-003112
PSPD Manual Section 400.00 outlines that deadly force and the use of firearms
will be judged on the basis of reasonableness under the circumstances and a
number of factors should be considered when evaluating whether reasonable
• has •` used.
The deadly use of force used by Officer Galvan in this incident we believe was
reasonable due to the following known circumstances:
7. The totality of the suspect's actions from the onset to the termination of
the pursuit clearly displayed his intent to shoot it out with the police.
8. Officer Galvan by his own admission stated he fired 12 to 14 rounds at the
suspect. He advised that the entire time he fired he believe the suspect
was still a threat to him as well as the other officers. Upon the order to
"Cease Fire" Officer Galvan ceased fire, unloaded his magazine and re-
loaded a fresh magazine and did not fire any more rounds. He de-
escalated his level of deadly force by pointing his gun at the suspect
vehicle and covering the suspect as the suspect threw a gun out of the
PSPD-003113
driver side door window, as well as observing him take off his bullet proof
vest and throw that out of the window. He continued to cover the suspect
with his gun drawn as other officers devised a plan of approach and arresi
of the suspect. The RSO CHU investigative report revealed that Officer
Galvan fired a total of 13 rounds.
9. The suspect's weapon, a Smith & Wesson Md#1 9-3,357 caliber revolver
had a total of 6 rounds in the gun, all of which were expended (fired).
PSPD Manual Section 415.03 requires the use of only department approved
firearms and ammunition by department employees. Officer Galvan used a
department approved and authorized weapon, and fired department authorized
ammunition when he fired his gun, which places him in compliance with this
PSPD Manual Section. The guidelines for the department approved sidearm and
ammunition are covered in PSPD Manual Sections 425.02 and 435.02
respectively. Officer Galvan is also in compliance with PSPD Manual Section
455.02 in that he is current in his qualification requirements and is considered
proficient.
PSPD-003114
200.02 D
OBEDIENCE / INSUBORDINATION
emanating from any superior. The term "lawful order" shall be construed ass an
order that does not violate a law.
During this incident several officers began firing at the suspect as the suspect
remained in his car. Sgt. Tokier stated that at one point the suspect went down,
out of sight and he yelled the order to "cease fire". Sgt. Tokier stated that Officer
Galvan was to his right and within earshot. Sgt. Tokier stated that he looked over
at Officer Galvan and noted that Officer Galvan complied with the order to
"Cease Fire" without delay. Based on Sgt. Tokiers statements / observations it is
our opinion that Officer Galvan is in compliance with this PSPD Manual Section.
PSPD-003115
FINAL CONCLUSION:
Given the aforementioned circumstances and the explanations surrounding the
incident, we have formed the opinion that Officer Galvan was acting reasonable
under the circumstances when he elected to pursue the murder suspect. Officer
Galvan also acted reasonable when he determined that the use of deadly force
was necessary.
We therefore determined that he acted within the guidelines and parameters of
the department policy and procedure in his use of deadly force against the
suspect.
.Q/ , ,
Sgt J n booth
Administrative Sergeant
Critical Incident Inv Team
Sgt Bryan Reyes
Graveyard Patrol Sergeant
Critical Incident Inv Team
PSPD-003116
PSPD-003117
P('---"JCEDEPARTMENT
�
Date; June 16, 005
Time of Incident: 3PM
Where: Palm Springs Area out to Interstate 10
Press Release Prepared By: Sgt. John Booth
Circumstances of Incident:
This afternoon 1 (6-16-05) at approx. 2:30 PM detectives from the Gang Task Force were
attempting to arrest a suspect allegedly involved in a murder. The suspect was in a vehicle and
the Task Force officers tried to pull that vehicle over. The suspect refused and a pursuit started
on the streets of Palm Springs. PSPD units along with RSO, CCPD and Task Force officers
became involved and chased the suspect vehicle at high rates of speed north to the freeway.
There CHP assisted as the suspect vehicle traveled west on the freeway. In the area of the
Banning Scales the suspect vehicle crashed. The suspect refused to give up and when one of
the PSPID officers felt his life was in danger, he/she fired his/her service weapon at the suspect.
Because this is in the county area, RSO is handling the criminal investigation. PSPD supervisors
did responded, as per normal protocol, and placed the PSPD officer on paid administrative leave,
pending the outcome of the investigation. No one (the officers, the suspect or citizens) was
injured. Again, because this is an RSO investigation, they will be handling any media comments
about circumstances surrounding the murder, the chase, the arrest and the shooting.
min=
1:1 a 10 10 [61":4 0 k all Lik 11 qu -.401TJ
PSPD-003118
PSPD-003119
Vest -%UhaZ 10
I
f
1
rr
:! a... 2
Officer voShooting
a West rrrnr wed of : sEd
Cabazon, ca
Central MUMME14D I:r'. rx
est
■ r.
Date: 06116M
Dxamm, By, Medmau
! ! k rF
Vehicle pC..
V1 Riverside Sheriff unit # 3-048
V2-Palm Springs Police unit #3801
V3-Palm Springs Police unit W99
V4•Rverside Sheriff unit #�064
V'64tiverside Sheriff unit #03-7
W-Riverside Sheriff unit # 3-154
V7-C3athederal C itp Police unit #34
78•R verside Sheriff R-9 unit # 01-163
V9-Department of dnstiee unit C& license ##IU5372
V111Mitsub shi M=ge CL license #5KYAR72
It
ter
T.^$ 65 38
ts� s8E1
V9 , 63 3534 32 'P-
3fi 313Q
1 Y-7
90 78675 62 59 5 n V-3
74 60 27 14
72 4 ' S3 UP 17 13 g
7371�
67 51 %049 _5 26252
GP66 12p 151
�
naxd Rail
Control Paint
PSPD-003120
LEGEND
Evidence and Measurements
Central Homicide Unit -West
B05-167-025 - Inv, Seckinger #2252
PERSOS-167-002 - Inv. Vargas #2060
Below measurements are given from the Control Point and are listed in feet
Point#
Northing Easting Description
2
17-34
16.96
Reference Point
Vehicle #1 -Riverside Sheriff
unit #03-048
3
70.62
-19-75
Drivers front
4
74.02
-16-31
Passengers front
6
62-71
-4.21
Passengers rear
6
58.48
-7.8
Drivers rear
Vehicle #2-Palm Springs Police unit #3601
7
49,97
-17.42
Drivers front
8
53.95
-14.82
Passengers front
9
45.44
-0,11
Passengers rear
10
40.83
-2.65
Drivers rear
Vehicle O-Palm Springs Police
unit #6899
11
56.12
-42.78
Drivers front
12
59.39
-38.88
Passengers front
13
47.38
-27.34
Passengers rear
14
43.34
-31.2
Drivers rear
Vehicle #4-Riverside Sheriff
unit #02-064
15
33.64
-39.2
Drivers front
16
36.44
-34.91
Passengers front
17
22.78
-2521
Passengers rear
18
19.35
-29.96
Drivers rear
Vehicle O-Riverside
Sheriff unit #03-037
19
52.67
-61.14
Drivers front
20
56.49
-57.15
Passengers front
21
44.82
-45.26
Passengers rear
22
40.64
-49.41
Drivers rear
Vehicle #6-Riverside
Sheriff unit #03-154
23
31.09
-70.94
Drivers front
24
34.66
-67.8
Passengers front
25
24.43
-54.56
Passengers rear
26
19.64
-58.42
Drivers rear
Vehicle #7-Cathederal City Police unit #30
27
55.77
-85.21
Drivers front
28
59.47
-81.8
Passengers front
29
48.47
-68.99
Passengers rear
30
44.19
-72.94_
Drivers rear -
Vehicle #8-Riverside Sheriff K-9 unit #01-163
31
71.74
-102.72
Drivers front
32
75.85
-98.09
Passengers front
33
64.89
-87.33
Passengers rear
34
60.2
-90.73
Drivers rear
- TOT a. 63371113551 7
35 66.36 -112.61 Driversfront
PSPD-003121
1C05-167-025
36
69.43
-108.86
passengers front
37
56-47
-98.17
Passengers rear
38
52.8
-102.84
Drivers rear
Mitsubishi Mirage Ca. license #5KYM172
39
206.85
-176.47
Drivers front
40
210.49
-173.05
Passengers front
41
200.92
-164.64
Passengers rear
42
197.07
-169.37
Drivers rear
Item #07
29.91
-3.04
Shelf casing "Winchester 40 S&W1%
Item #08
45.37
2,14
Shotgun shell (live) "Winchester 12ga".
Item #09
49.6
3.5
Shotgun shell (expended) 'Winchester 12ga".
Item #10
51.03
-2.4
Shell casing "Winchester 40 S&W".
Item #11
54.48
-6.67
Shell casing "Winchester 40 S&W".
Item #12
44.12
-12.4
Shell casing "Winchester 40 S&W.
Item #13
45.36
-12.55
Shell casing "Winchester 40 S&W11.
Item #14
45-87
-11.22
Shell casing "Winchester 40 S&W".
Item #15
42.38
-15.1
Shell casing "Winchester 40 S&W`1.
Item #16
52.34
-17A4
Shell casing "Winchester 40 S&W".
Item #17
45.38
-26.34
Shell casing "Win 9mm luger".
Item #18
46.92
-28.72
Shell casing "Win 9mm luger".
Item #19
46.9
-29.37
Shell casing ""Win 9mm luger".
Item #20
45.46
-33.69
Shell casing "Win 9mm luger".
Item #21
45.51
-34.42
Shell casing "Win 9mm lager".
Item #22
45.3
-35.01
Shell casing "Win 9mm luger".
Item #23
46,43
-35.15
Shell casing "Win 9mm huger".
Item #24
45.67
-36.82
Shell casing "Win 9mm luger".
Item #25
42.69
-38.3
Shell casing "Winchester 223 Rem".
Item #26
42.34
-39.7
Shell casing "Win 9mm lager"".
Item #27
52.67
-49.02
Shell casing "Winchester 223 Rem".
Item #28
52.58
-50.51
Shell casing "Winchester 223 Rem".
Item #29
61.94
-63.45
Shell casing "Winchester 223 Rem".
Item #30
63.85
-51.89
Shell casing "Win 9mm lager"".
Item #31
65.46
-54.48
Shell casing "Win 9mm lager".
Item #32
70.51
-54.72
Shell casing "Win 9mm lager".
Item #33
78.06
-54.57
Shell casing "Win 9mm lager".
Item #34
72.76
-61.01
Shell casing "Win 9mm lager".
Item #35
69.13
-64.47
Shell casing "Win 9mm lugeel.
Item #36
66.69
-64.35
Shell casing "Win 9mm luger".
Item #37
52.18
-54.53
Shell casing "Winchester 223 Rem".
Item #38
51.58
-55.13
Shell casing "Winchester 223 Rem".
Item #39
51.09
-55.67
Shell casing ""Winchester 223 Rem".
Item ;A0
50.76
-55.77
Shell casing "Winchester 223 Rem".
Item #41
49-94
-56.58
Shell casing "Winchester 223 Rem".
Item #42
47.35
-54.55
Shell casing "Winchester 223 Rem".
Item #43
48.154
752.95
Shell casing "Winchester 223 Rem".
Item #44
47.69
-53.22
Shell casing "Winchester 223 Rem".
Item #45
49.72
-51.71
Shell casing "Winchester 223 Rem".
Item #46
50.58
-10.79
Shell casing "Winchester 40 S&W%
Item #47
49.13
-7.19
Shell casing ""Winchester 40 S&W".
Item #-48
45.79
-9.26
Shell casing "Winchester 40 S&W".
Item #49
42.33
-55.23
Shell casing "Winchester 223 Rem".
Item #50
42.88
-58.46
Shell casing 'Winchester 223 Rem".
PSPD-003122
Fb5-167-025
PERS05-167-002
Item #51
44-04
-58,79
Shell casing "Winchester 223 Rem".
Item #52
44
-58,73
Shell casing "Winchester 223 Rem".
Item #53
44.85
-59.61
Shell casing "Winchester 223 Rem".
Item #54
45,87
-61.01
Shell casing 'Winchester 223 Rem".
Item #55
46.23
-61.11
Shell casing "Winchester 223 Rem".
Item #56
48.79
-61.82
Shell casing "Winchester 223 Rem".
Item #57
53.4
-62.07
Shell caisng 'WCC +P+ 66 9mm".
Item #58
53.67
-61.64
Shell casing "Winchester 223 Rem".
Item #59
54.37
-64.66
Shell caisng'WCC +P+ 66 qmmu.
Item #60
51.25
-67.62
Shell caisngWCC +P+ 66 gmm,,.
Item #61
51.47
-58.94
Shell casing "Winchester 223 Rem".
Item #62
55.47
-70.13
Shell casing "Winchester 45 auto".
Item #63
M9
-82.11
Shell casing "Winchester 40 SM".
Item #64
75.49
-82.97
Shell casing "Winchester 40 SM".
Item #65
79.2
-86.49
Shell casing "Winchester 40 S&W".
Item #66
39.56
-69.27
Shell ca1sng'WCC +P+ 66 9mm".
Item #67
40.37
-70.11
Shell caisng 'WCC +P+ 66 9mm".
Item #68
38.06
-72.25
Shell caisng 'WCC +P+ 66 9mm".
Item #69
38.66
-77.95
Shell caisngWCC +P+ 66 9mm".
Item #70
44.79
-75.72
Shell caisng VCC +P+ 66 9mm".
Item #71
41.3
-82
Shell caisng VCC +P+ 66 9mm".
Item #72
42.96
-82.42
Shell caisng VCC +P+ 66 9mm".
Item #73
42.83
-84.23
Shell casing "Winchester 223 Rem".
Item #74
48.62
-89.64
Shell casing "Winchester 45 auto".
Item #75
48.29
-92.07
Shell casing "Winchester 45 auto".
Item #76
52.7
-91.58
Shell casing "Winchester 45 auto".
Item #77
56-12
-88.94
Shell casing "Winchester 45 auto".
Item #78
56.36
-90.15
Shell casing 'Winchester 45 auto".
Item #79
58.06
-89-91
Shell casing "Winchester 223 Rem".
Item #81
59-01
-89.11
Shell caisng 'WCC +P+ 66 gmm,,.
Item #82
59.42
-90.62
Shell casing "Winchester 45 auto".
Item #83
60.85
-91.35
Shell casing "Winchester 223 Rem".
Item #84
59-18
-92.43
Shell casing "Winchester 223 Rem".
Item #85
54.23
-95.42
Shell casing "Winchester 223 Rem".
Item #86
55.3
-96.34
Shell casing "Winchester 223 Rem".
Item #87
55.82
-97.69
Shell casing "Winchester 45 auto".
Item #88
58.65
-97.77
Shell casing "Winchester 45 auto".
Item #89
58.57
-99.38
Shell casing 'Winchester 223 Rem".
Item #90
55.1
-106.74
Shell casing "Winchester 45 auto".
Item #91
177.1
-169.14
Piece of tail light (red).
Item #92
192.17
-177.16
Piece of tail light (red).
Item #93
195.23
-180.35
Possible blood and control swabs.
Item #94
199
-173.36
Bullet proof vest "Point Blank"..
Item #95
200.7
-174.26
Bullet 'Winchester 357 magnum".
Item #96
208.95
-186.39
"Smith &Wesson" 357 magnum revolver, mod #19-3, serial #32037.
Item #97
201.98
-165.92
Copper projectile.
PSPD-003123
PSPD-003124
M051225 - Charges - Desert Criminal & Traffic
Page I of I
Home Def. Def.
Status Info
Fine
Info
Defendant 1 of 1
Charges Actions Minutes Probation Case
Report
Case INF051225 Defendant 493567 KIRK, JUSTIN DANIEL
Gaunt ChargeDOescription
I
Date
�1 Violation 1E]
IPG 664/187 ]EAttempted Murder
1106/16/2 -0 0---5—]
IFiled Charges
Ccaunt Charge Seventy Description
I I
Violation
I Date
Plea
PC 664(E)11
(A)
tempted Murder on Peace officer/firefighter.
i
I
jEnhancement
IDescription
!I
Plea
IPC 12022.53(c)
jIlse Firearm w/Specific Felony
pEPY
ISIC 28,00.2 =
IEvading Arrest
1106/16/2665
F-1
jEnhancement ]
IDescnption
IPlea
JPC 12022.5-3—(b)] use Firearm w/Specific Felony
17
1
13 JPC 12021(A)(1) IFF-----]FFelon with firearm
1106/16/2005
IF--]
Charge IlSeverity
LGJ W-1 RN MOMN M W61 2 2
106/16/2005
*tner Gnarges
Violation
Description
Date
7��P�RIORMSerrious Felony Convictn
... /DefendantCharges.asp?coufteode�--B&casenumber--R,4FO51225&otmuseq=0&dcfseq=1&def6/30/2005
PSPD-003125
PSPD-003126
Printed for: DSP2/SUE'
Sat Jun 25, 2005 13:24:55
E: QHY.CA0331110.21666022.0516700 DATE:20050625 TIME:13:26:45
ESTRICTED-DO NOT USE FOR EMPLOYMENT,LICENSING OR CERTIFICATION PURPOSES
T' 151670046
NOT COLLECT DNA. VERIFIED DNA SAMPLE IS ON FILE
ITH THE CAL -DNA DATA SAND_ FOR INFO (:510) 620-3300 OR
C296,PC296CDOJ.CA.GOV_
PALM PRINT OIL FILE AT DOJ FOR ADDITIONAL INFORMATION PLEASE
-MAIL PriLM.PRINT@DOJ.CT3.GOV
II CALIFORNIA ONLY SOURCE RECORD
II/A21666022
OB/19811113 SEX/M RAC/WHITE
GT/509 WGT/150 EYE/GRN HAI/BLN POB/CA
AM/O1 KIRK,JUSTIN DANIE'L
BI/597427NB2
ILL
OC
NN/CDC-TO17700
MT/SC ABDOM; TAT BACK
DS/CTZ XX
RR/DET/CITE: NAM:OI DOB:1.98 1.113
0000626 CASO SAN BERNARINt
0006301420
211 PC -ROBBERY
CNT02
148 (A) PC-OBSTRUCTS/RESISTS PUBLIC OFFICER/ETC
COM: SCN-20001780152
COURT: NAM:Ol
20000809 CASC SAN BERDO CENTRAL
NT:01 #(FSB026976
211 PC ROBBERY:SECOND DEGREE
DI S PO : C°ONVI CTED
NT . 02
211 PC-ROBBERY:SECOND DEGREE
DISPO CONVICTED
CONT STATUS : FELONY
SEN: 36 MO PROS, 48 MO PRISON 260 DS JL CS, RSTN
>0000809
DISPO:DEFENDANT PLEAD GUILTY
DISPO; LDEFENDANT REPRESENTED BY COUNSEL
DISPO:RIGHT TO TRIAL BY JURY WAIVED -NO
DI,SPOrPRIV ACNST COMPLSRY SLY INCRIM&WAIVE-NO
DISPO:RIGHT CONFRONT&CROSS EXAM WIT&WAIVE-NO
DISPO:CONVICTION CERT BY CLERK OF THE COURT
rOM: CONVICTION CERTIFIED BY TRESSA KENTNER, TRESSA
KENTNER, CAMCSAN BERDO CENTRAL
5JM: DCN-T1092121260236000238
OURT: NAM:01
0000809 CASC SAN BERDO CENTRAL
Page 1
PSPD-003127
Printed tor: DSP2/SUE
ICNT : 01 #FSB®2 9a6
I 211 PC -ROBBER°" SECOND DEGREE
* D I S PO,: CONVI CTEY
Sat Jan 25, 2005 13:24;55
NT : 0,2
,PC-ROBSERY:SECOND DEGREE
Div J:CONVICTED
CONY STATUS : FELONY
SEN: 36 MO PROB, 48 MO PRISON 260 DS JL CS, RSTN
00!00809
DISPO:'DEFENDANT PLEAD GUILTY
DISPO:DEFENDANT REPRESENTED BY COUNSEL
DISPD:RIGHT TO TRIAL BY JURY WAIVED -NO
DISPO! PRIV AGNST COMPL SRY SLF INCRIM,&WAIVE-NO
DISPO RIGHT CONFRONT&CROSS EXAM WIT&WAIVE-NO
DISPO:CONVICTION CERT BY CLERK OF THE COURT
CO: CONVICTION CERTIFIED BY TRESSA KENTNER, TRESSA
KENTNER, CAMCSAN BERDO CENTRAL
CO±I; DCN-T3036741020336000238
POTENTIAL FELONY STRIKE ENTRY **
sir r + f ■O.'
#001222 CAUD PD SAN BERNARDINO
T:01 ##00124894
459 PC BURGLARY
T : 0,2
496(A) PC-RECEIVE/ETC KNOWN STOLEN PROPERTY
T M.: SCN-00110450012
OURT: NAM:01
0010425 CASC SAN BERDO CENTRAL,
T::01 #FSB029637
459 PC-BURCLAR'':FIRST DEGREE
ISPO;CONVICTED
CONY STATUS:FELONY
SEN;, 48 MO PRISON CS,
NT : 0.2
496(A) PC-RECEIVE/ETC KNOWN STOLEN PROPERTY
DISPO;DISMISSED/'FURTHERANCE OF JUSTICE
>0010425
DISPO DEFENDANT PLEAD GUILTY
DISPO,.DEFENDANT REPRESENTED BY COUNSEL
DISPO:RIGHT TO TRIAL BY JURY WAIVED NO
DISPO:PRIV AGNST COMPLSRY SLF INCRIM&WAIVE-NO
DISPO:RIGHT CONFRONT&CROSS EXAM WIT&WAIVE-NO
DISPO:CONVICTION CER'T' BY CLERK OF THE COURT
COM: CONVICTION CERTIFIED BY TRESSA KENTNER, TRESSA
KENTNER, CAMCSAN BERDO CENTRAL
COM: DCN--T6061821860336000272
�* POTENTIAL FELONY STRIKE ENTRY **
k * aF *
kRRIJET/CITE: NAM:01 DOB:1981I11.3
40001222 CASO SAN BERNARDINO
T:01 #0012300910
459 PC BURGLARY:FIRS'T DEGREE
page
PSPD-003128
Printed for: DSP2/SUE
CM SCN-20003580031
Sat Jun 25, 2005 13:24:55
RR/DET/CITE: NAM:01 DOB:19811113
0010221 CASO SAS BERNARDINO
N_ ##0102300755
-BENCH WARRANT
1320(B) PC -FAILURE TO APPEAR ON FELONY CHARGE
WARRANT ##FS8026976
T : 02
211 PC -ROBBERY
T : 03
--BENCH WARRANT
211 PC -ROBBERY
WARRANT ##FS13026976
COM-, SCN-20010520028
STODY CDCNAM:01
010508 CAST) CORR WASCO
T 01 #T17700
459 PC--BURGLARY:FIRST DEGREE
SEN FROM: SAN BERNARDINO CO CRT #F'SIB029'637
SETT 4 YEARS PRISON
T. 02
211 PC-RO22ERY:SECOND DEGREE
BEN FROM: SAKI BERNARDINO CO CRT ##FSB026976
SEN: 4 YEARS PRISON
_M: CNT02 CC W-FSB029637
4: SC-91911370014
POTENTIAL FELONY STRIKE ENTRY **
kR /DET/CITE: NAM:01 D08:19811113
?0050617 CASO RIVERSIDE
T : 01 ##200525144
187(A) PC -MURDER
ARK BY:CAS'O RIVERSIDE PALLY DESERT
ARR AGY ##B051.67025
wNT 02
2800-2(A) VC -EVADE PEACE OFCR:DISRECARD SAFETY
ARK AGY #B05167025
COM:: ADR-= 0050617 (6530, VICTORIA... HIGHLAND, CA, , }
COM: PHOTO AVAILABLE
COM: SCN-99951680040
k* THE ENTRIES PROVIDED BELOW ARE BASED UPON AN ARREST OR COURT **
k* DISPOSITION REPORT.. THE SUBJECT OF THE ENTRY HAS BEEN IDENTIFIED �
** WITH THI;S RECORD BASED UPON SOFT CRITERIA CONSISTING OF A NAME **
* OR NUMBER MATCH: POSITIVE IDENTIFICATION HAS NOT BEEN MADE
k* BECAUSE FINGERPRINTS WERE NOT RECEIVED FOR THE ENTRIES. USE OF **
k* THIS INPORMA"T'ION IS THE RECEIVERS RESPONSIBILITY. **
* * *
=/DET/CITE: NAM:01
z0000625 CAS'O SAN BERNARDINO
Page 3
PSPD-003129
Pr7 Tit-r H f'nr - r)qP) /(`Trw...
T , 01 ##0006301420
NO ARRESTRECEIVED
e�i- :'r,,- 7G )nnc 1 72 ')A . 9:Zc
T 02
PC ROBBERY
OURT: NAM:01
0000809 CASC SAN BERDO CENTRAL
T.-01 ##FFSD026976
211. PC-RODDERYY:SECOND DECREE
DISPO:CONVICTED
CONV STATUS : FELONY
SENT, 36 MO PRISON CS,
20000809
DISPO DEFENDANT PLEAD GUILTY
DISPO:DEFENDANT REPRESENTED BY COUNSEL
DISPO::RIGHT TO TRIAL BY JURY WAIVED -NO
DISPO PRIV AGNST COMPLSRY SLF INCRIM&WAIVE-NO
DISPO:RIGHT CONFRONT&CROSS EXAM WIT&WAIVE-NO
DISPO:CONVICTION CERT BY CLERK OF THE COURT
COM: CONVICTION CERTIFIED BY TRESSA KENTNER, TRESSA
KENTNER, CAMCSAN BERDO CENTRAL
COM: DCN-Tl065760240436000779
** POTENTIAL FELONY STRIKE ENTRY **
TOTE: 4 POTENTIAL ENTRIES WITH FELONY CtONVICTION DATA. WERE
IOUND :FOR THIS SUBJECT. SEE ENTRIES IN THE RECORD ANNOTATED
qI`T "POTENTIAL FELONY STRIKE ENTRY" POR DETAILS. THIS RECORD
14A"- -SO CONTAIN ADDITIONAL DATA RELATED TO "STRIKE" CONDITIONS,
* * END OF MESSAGE
Page 4
PSPD-003130
Printed for: DSP2/SU8
Sat Jun 25, �005 13;24:
1,01
A0331110
HIS INTERSTATE IDENTIFICATION INDEX RESPONSE IS THE RESULT OF YOUR
Er ) REQUEST FOR FBI/597427N22. THE RECORD MAY BE OBTAINED FROM
IL-- WITHIN YOUR STATE. THE INTERSTATE IDENTIPICATION INDEX CONTAINS
0 ADDITIONAL DATA.
vage i
PSPD-003131
rinted for: DSP2/SUE
Sat Jun 25, 200S 13:23:20
HODSP200.IG
331110 R.E. QG14.CA0331110-NAM/KIRK,JUSTIN-DOB/1113
PONSE TO QGH INQUIRY
3TORY RECORD IN AFS
--2S RESPONSE.
PSPD-003132
Printed for: DSP2/SUE
Sat Jun 25, 2005 13:23:21
TE-.06-25-05*TIME:13:25*
-D ON:*LIN*FIN* BD
RECORD FOR LAW ENFORCEMENT USE ONLY
DL/NO:-*B/D:11-13-1981*NAME!KIRK JUSTIN D*
RES/ADDR: AS OF 01-24-OS
OTH/ADDR AS OF 01-28-00:
IDENTIFYING INFORMATION
eEX:MALE*HAIR:BROWN*EYES:GRN*HT;5-10*WT:180*
ID CARD MLD:02-03-05*EXPIRES:11-13-10*2ATES:POL*
LICENSE ,STATUS:
NONE ISSUED*
DEPARTMENTAL ACTIONS;
H•
Page 1
PSPD-003133
Printed for: DSP2/SUE
Sat jun 25, 2005 13:23:23
RSBODSP200.IM
PS INQUIRY
ISSING PERSON
7=:2005-06-25 'TIME':13:25 10
R ,CA0331110.KIRK,JUSTIN.M
* * A MATCH ON NAM FIELD * * -A,.
INSUFFICIENT DATA FOR NCIC CHECK
********* END OF MPS MESSAGE
Page 1
PSPD-003134
Printed for: DSP2/SUE Sat Iun 25, 2005 13:23:30
Page
PSPD-003135
Printed for. DSP2/SUE
Sat Jun 25, 2005 13:23:32
RSHODSP200, TVq
YYX.CA0331110
2: QRP.CA0331110.NAM/KIRK,JUSTIN.DO2/19811113.SE:X/M.ROS/Y
0 NLZiTCH NAM FIELD
0 STRAINING ORDERS
*, ***** END OF DVROS MESSAGE
Page I
PSPD-003136
Printed for; DSP2/
Sat Jun 25, 2005 13:23:34
RSHODSP200.IR
A0331110 RE: QVC.CA0331110.NAM/KIRK,JUSTIN.SFX/M.DOB/l1l31981
ATCH MADE ON NAM/KIRK,JUSTIN
AM2 FIELD SEARCH REVEALS:
I` ;001
IT MADE ON NAM/KIRK,JUSTIN DANIEL
• NOT A WARRANT** CDC PAROLE RECORD **NOT A WARRANT
• DO NOT ARREST OR DETAIN BASED SOLELY ON THIS RESPONSE
NI` /l
AM/KIRK,JUSTIN DANIEL SEX/M DOB/19811113 RAC/W HGT/509
GT/160 EYE/2RO HAI/BRO SOCI
II/A21666022 CDC/T17700
ESIDENCE: COUNTY/SAN BERNARDINO
********CDC PAROLE INFORMATION"**""
RIMARY OFFENSE/P459
RGIN PAROLE/20050118 DISCHARGE DATE/20080118
OD/CALIFORNIA
GENCY/CA DEPT OF CORRECTIONS ORI/CA0190'75G
ONTACT/NEGRETTE,A GUY UNIT/SAN BERNARDINO 2
HONE/909 383-.4694
ISC/2ND STRIKER
************CONTACT MESSAGE***********
UMBER OF PRIOR CONTACT MSGSI 0
END CONTACT MESSAGE IDENTIFYING CLETS MNE/AOCO
ECORD TYPE/CDC AND IDN/T17700 , OR ONLY FCN/F9605O1301244
IT # 002
mmo-qvicl
END OF SUPERVISED RELEASE FILE MESSAGE *********
Page I
PSPD-003137
Printed for: DSP2/SITE Sat Jun 25, 2005 13:23>:3
SRODSP200 . TJ
01
03311.10
TC WANT NA /DIRK, JUSl IN DOB/13811113 5EY/M
Page I
PSPD-003138
PSPD-003139
ADMINISTRATIVE INVESTIGATION #2005-08
Recorded Interview of Officer A Galvan
06/2312005, 1250 - 1315 hours
BOOTH: ...tested both of these to be sure that they were working. Good morning, er,
good afternoon. Today's date is the twenty third of June, 2005. The time is
five minutes after twelve noon.
REYES- Each of us is gonna identify ourselves on this tape, so it makes it easier for
the secretaries to... tape this later... and record.
KRAUSE: Robert W. Krause, Capital K-R-A-U-S-E. Kassel, Peterson and Krause.
GALVAN: Officer Arnold Galvan. G-A-L-V-A-N.
BOOTH: ID number?
GALVAN: Eleven zero sixty, assigned to patrol.
BOOTH: Sergeant John Booth. B-O-O-T-H. Oh seven three nine. Administrative
Sergeant.
REYES: Sergeant Bryan Reyes. One zero six six zero. Assigned to patrol. Also
assigned to this Internal Investigation. Um, this IA number is assigned
2005-08. Officer Galvan, you've been called to this meeting in regards to
this shooting investigation. At this time I'm gonna advise you of your Miranda
warning. Due to the nature of this administrative investigation, Government
Code 3303(h) requires me to advise you of your Constitutional Rights. Ah,
therefore it is important that you understand your Rights. 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 I have explained to you?
GALVAN: Yes.
REYES- With these Rights in mind, would you like to speak to me now?
GALVAN- No.
PSPD-003140
REYES: While; you have the Right to remain silent with regard to any crimin
investigation, you do not have the Right to refuse to answer my questions 11
part of an administrative • r • as am presently • • •
Accordingly, am ordering • • answer of questions fully . •
againsthonestly. If you refuse to answer my questions, your silence can be deem
insubordination and result in administrative discipline, up to and includi
termination. As a general rule, the use of any statement you make und
compulsion of the threat of such discipline is limited to administrati
purposes only. However, you should also be aware that there are certai
legal exceptions that may allow you... your statements to be used i
subsequent civil proceedings, like the Department seeking civil sanction
• or other officer,' any or administrativ-
actionsbrought by • or • representative, • •
disciplinary action. Further, if your statements may be used' in a court of la
or subsequent administrative proceeding to impeach your testimony at th
proceeding after the court reviews your statements to determine whether
courtthese statements serve to impeach your testimony. In the unfortunate event
of your death, the statements may also be used for all purposes during a
or • '• administrative proceeding. # • ` Department
under a legal obligation to do so, your statements will also be produced to
any subpoenaed party, State or Federal Court, including the US Attorney's
Office, or representatives from the Department of Justice. Though your
statements may have to be produced to a subpoenaed party, these
determines that the use of • does not•your
Fifth Amendment Rights. Department recognizes that you ' not
courtwaiving your Fifth Amendment Right to remain silent and we will not be
providing any criminal investigator with access to this interview, absent a
order to •• so. In the eventthat rl investigator insists on
Administrative Investigation 42005-08
Officer A Galvan Interview
Page 2
PSPD-003141
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
MA7. RM TMA I V
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 includ�ing termination if
you refuse to cooporder to answer my questions. Do
you understand that?
GALVAN; Ido.
REYES: With that in mind, are you willing to proceed further and answer the
questions I have regarding this investigation?
GALVAN- Yes.
REYES: Ah, you've been provided with a faxed copy of Riverside County Sheriffs
follow-up report regarding your statement you provided on Thursd.y,
June 16", which is documented under RSO report #1305167025, which
includes eight pages. Have you had an opportunity to review that?
GALVAN: I have.
11110 �11!1111 III - �111 lI��Iiirlilllij
1 11 11 - F i ill
in the events as they occurred?
GALVAN: With the exception of Page 6, lines between 39 and number 43; um,
speculates why I fired at the vehicle. Um... it states... he said the suspect...
he said when the suspect's vehicle came to a stop, he saw a suspect
motioning over his shoulder and then began to hear gunshots coming from
the area of the suspect's vehicle. Um... that's not necessarily completely
accurate. I did mo... make a notion that I did see movement coming from the
rear wind... rear windshield and I believe there was gunshots fired from that
position. I didn't actually see, ah... what I considered or known to be the
suspect motioning over his shoulder. I did see movement in the back and
believed what I thought to be a gun, shots fired from that location.
Administrative Investigation 92005-08
Officer A Galvan Interview
Page 3
PSPD-003142
REYES- Besides that, did you happen to see that anything else in that report that
could be not accurate?
GALVAN: I also noted why I began firing, because I was in fear of my life, which is not
noted in this, um... statement.
REYES: Okay. Okay. Um, you can hang onto that if you need to refer to it later on
(unintelligible).
GALVAN: Okay.
REYES: Uh, let's start off with your day that day. Actually, the night before. Do you
recall, roughly, how many hours you had to sleep?
GALVAN: I would speculate about six, seven hours.
REYES: Is that, ah, average?
GALVAN: That's average. Correct.
REYES. Your mood... how was your mood that day?
GALVAN: I was good mood.
REYES: Had you taken or were you under the influence of any drugs or alcohol?
GALVAN- No.
REYES: Okay.
BOOTH: That includes prescriptions drugs or anything like that.
GALVAN- Uh, I was battling a cold. I believe I may have taken a... a small segment of
RobitussenPM1. I don't recall whether that night or not I actually took some.
BOOTH: Is that an over-the-counter...
GAILVAN: That's correct.
BOOTH: ...cold medicine?
GALVAN: That's an over-the-counter cold medicine. That's correct.
REYES- Did that affect you in any unusual way?
GALVAN: No sir.
REYES: Okay. Again, speaking of Thursday, June 16th . What shift were you working
that day?
GALVAN: I was assigned to Day Shift Patrol.
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REYES: Okay. Is that your regular shift or was it an overtime shift?
GALVAN: It was an overtime shift.
REYES: Urn, what time did you arrive to work?
GALVAN: Zero six thirty.
REYES: Did you arrive on time for Briefing?
GALVAN: Yes sir, I did.
REYES: Did you attend the entire Briefing?
GALVAN: Yes sir, I did.
REYES: Okay. Is Day Shift your normal shift?
GALVAN: Yes sir, it is.
REYES: Given that being an overtime shift and not your usual day, did you feel
uncomfortable working that day?
GALVAN- No sir, I didn't.
REYES: Let's get Into your experience as a police officer. How many years have you
been a police officer, with this or any other agency?
GALVAN: A little over five years.
REYES: All with Palm Springs Police Department?
GALVAN: That's correct.
REYES: What are your current assignments? Auxiliary assignments, if any?
GALVAN: I'm assigned Patrol and I'm also assigned as a Field Training Officer and I'm
also some of the defensive tactics... instructor.
REYES: How long have you been a Field Training Officer?
GALVAN: I believe a little over a year, if I'm not mistaken.
REYES: As a defensive tactics instructor, what assignment do you have as far as
instructing?
GALVAN: To teach the... the new recruits and/or continuing veterans here to provide
adequate defensive tactics when dealing with aggressive subjects, to
preserve their safety and the safety of others.
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REYES- Is that Department Instructor as far as a baton instructor or arrest and control
techniques?
GALVAN: That is both.
REYES- Both?
GALVAN: That's correct.
REYES: Have you been to schools for both of those instructions?
GALVAN: Yes I have.
REYES: And would that be the Koga Institute?
GALVAN, That is correct. For both.
REYES: Okay. Uh... are you certified as a baton instructor by the Koga Institute?
GALVAN: Yes lam.
REYES- Okay. What about as an Arrest and Control Techniques instructor?
GALVAN: I have one more class to be certified under the hundred -and -twenty hour
protocol. I have attended two courses at forty hours apiece.
REYES: What uniform were you wearing on that day shift?
GALVAN: Standard police issue uniform.
REYES: Would that be long sleeve or short sleeve?
GALVAN: Short sleeve.
REYES: Were you "Class B" uniform?
GALVAN: Yes.
REYES: With the required patches on the shoulder, nameplate, badge...?
GALVAN: That is correct.
REYES: What type of duty equipment were you wearing?
GALVAN: Standard issue... um, leather gear.
REYES- What type of gun were you carrying?
GALVAN: A GlockTM, Model 22. Forty caliber.
REYES: Is that your own personal gun or Department issued?
GALVAN- Personal.
REYES: Are you current in qualification with that gun?
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PSPD-003145
GALVAN: That's correct.
REYES: ...as your duty gun?
GALVAN: Yes.
REYES: Is that the gun you subsequently were firing in this event?
GALVAN.- That's correct.
REYES: Do you carry a backup gun?
GALVAN: Uh, no, Not at this time. I'm qualified to carry one and I wasn't carrying one
that day currently.
BOOTH: Before we leave that gun, can I ask you a little bit about your Range training?
When was the last time you qualified at the Range or when was the last time
you shot that gun?
GALVAN: I believe it was a couple months ago.
BOOTH: Was that during McCann training?
GALVAN: I'm sorry... I shot that gun during McCann training and that was within the last
month.
BOOTH: Describe, if you can for me, what that training was, for the record. I believe
that was on the twenty fifth of May, that McCann training.
GALVAN: That's correct. That's accurate. It consisted of approximately ten hours of
Range training, utilizing my sidearm, the Glock TM forty -caliber, in addition to
shotgun and AR-15 training. So it was a straight day training at the Range.
Live fire. Probably shot in excess of six hundred rounds.
BOOTH: Prior to that, our records show you attending a Cinitron iCSTM shoot on the...
on 03/29/05. Do you remember that?
GALVAN: I do.
BOOTH. Urn, can you describe briefly what that was about?
GALVAN- We were given a simulation gun to shoot at officer -involved -shooting or
provide us situations where we might have to use discretion whether or not
to shoot a suspect,
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PSPD-003146
BOOTH: So that training was.. was a replica gun where you were given a scenario on
whether to shoot or not to shoot, and according to this, you passed that
course. Is that your recollection?
GALVAN: That's correct.
BOOTH: Okay. And as I look back on all the... the Range information from the
computer, dating all the way back to 9/29/2002... or, 2000, I'm sorry...
probably don't remember that shoot, do you?
GALVAN: It's been some time.
BOOTH: It looks to me like you have not missed a training class all the way back until
there. Um... and that was when the computer records started, so you... it
could go further than that. Is it pretty accurate to say that you are pretty
diligent in attending the officers' individual qualifications?
GALVAN: That's correct.
BOOTH- Can you think of one that you've missed?
GALVAN: I do not recall.
BOOTH: Okay.
REYES, What caliber of gun were you carrying that day?
GALVAN: Forty caliber.
REYES: How many magazines do you carry in your duty belt?
GALVAN- Two on the duty and one in the... one in the gun.
REYES: Did you have them all three with you that day?
GALVAN: That's correct.
REYES: Throughout this event, all the way up to the shooting?
GALVAN: Yes.
REYES: How many rounds does each magazine carry?
GALVAN- Fifteen.
REYES: Where they fully loaded?
GALVAN: That's correct.
REYES: Where they... is that ammunition Department -issued?
Administrative Investigation #2005-08
Officer A Galvan Interview
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PSPD-003147
GALVAN:
That's correct.
REYES:
In all three of your magazines?
GALVAN:
That's correct.
REYES: Now, during your day shift on this overtime, did you receive any information
regarding a murder suspect... potential murder suspect being in the City of
Palm Springs?
GALVAN: I did.
REYES: How did you obtain that?
GALVAN: Text message via the Department -issued NextelTm phones.
REYES: Do you recall roughly what time that was?
GALVAN: I believe it was probably in the afternoon... after noontime sometime. I do
not recall the exact time,
REYES: Was it information only, or were you required to respond and assist in any
manner?
GALVAN- Information only. It was provided by the sergeant that was currently working
that shift, Sergeant Tokier.
REYES- Did you receive any information as far as any specific target residence that
they were focusing on?
GALVAN: Uh, at that time I don't believe I did, no. It was simply a notation that the
Gang Task Force being in our city, looking for a potential murder suspect.
REYES- Okay. At one point, eventually, did you hear some radio traffic regarding the
Gang Task Force trying to stop a car?
GALVAN: That's correct.
REYES: Where were you at when you heard this information? Do you hear it via the
radio?
GALVAN: That's correct.
REYES- Okay. Where were you at when you heard it?
GALVAN: I was in my patrol carjust exiting the... the back lot here at the police station.
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PSPD-003148
REYES- Speaking of patrol cars, in a marked police car?
GALVAN: That's correct.
REYES: With a light bar?
GALVAN: Yes.
REYES: Police emblems on the doors? Standard police -issued car?
GALVAN: That's correct.
REYES: Is it assigned to you?
GALVAN- Yes it is.
REYES: What car number is that?
GALVAN- Thirty six oh one.
REYES: Okay. Responding from the station, what... where do you go?
GALVAN: At that point I'm exiting the east entrance and proceeding to go to El Cielo
to where I was proceeding to go southbound El Cielo when I heard the air
traffic reference the traffic stop via the Gang Task Force.
REYES: What did you understand them to be doing at that time?
GALVAN: Advised that they were conducting a... attempting to conduct a traffic stop.
I believe they were potentially on the homicide suspect near the intersection
of Tahquitz and Farrell. Shortly thereafter they advised that there was a
failure to yield and then they stated that they were in pursuit.
REYES- What time was that, roughly?
GALVAN: Uh, I believe shortly after three o'clock.
REYES: Did you advise over the radio that you were responding to assist?
GALVAN- That's correct.
REYES: When you responded, where did... where did exactly did you go, initially?
GALVAN: Initially I proceeded southbound to Ramon, at which point I went westbound
Ramon. The pursuit was heading northbound on Farrell... excuse me,
southbound on Farrell. It then proceeded to go westbound on Ramon. ]was
trying to catch it at that point and they got ahead of me, some distance, and
proceeded to come back northbound, at which point I returned to the
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PSPD-003149
intersection of Farrell and Ramon and proceeded to go northbound to
parallel the pursuit.
REYES: Okay. When you initially started to respond to their location... and after
advising Dispatch that you were en route, did you activate your emergency
lights at all?
GALVAN: Yes I did.
REYES: Did you have your siren on?
GALVAN: Yes I did.
REYES: Did you... advise Dispatch that you were responding Code 3?
GALVAN: I don't know if I actually told them I was responding Code 3; 1 told 'em I'm
responding, and I think Sergeant Tokier responded also. He was en route.
REYES: Were you responding in a Code 3 manner?
GALVAN- Yes I was.
REYES: Okay. At what point do you catch up to.._ um... this pursuit?
GALVAN: Baristo... intersection of Baristo and Farrell.
REYES: Okay. From where you responded from, and to Baristo and Farrell, were you,
responding Code 3 the entire time?
GALVAN: To my recollection, yes I was.
REYES- Did you come across any red lights where you had to stop or...? If you recall.
GALVAN: I don't recall if there was a red light there or not at the intersection of Ramon
and El Cielo.
REYES: Was there any other police... Palm Springs Police units, either trailing you or
in front of you or parallel to you, while responding to that pursuit?
GALVAN: No.
REYES: Okay. When you get up to the pursuit location, do you advise Dispatch that
you are at the location at that time?
GALVAN: I believe I told 'em I was at the intersection of Baristo and Farrell.
Sergeant Tokier, I believe, requested for a spike strip. I made it to that
location. I was gonna attempt to exit my vehicle, however I saw the... the
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PSPD-003150
vehicle in question proceeding eastbound Baristo at a high rate of speed,
which wouldn't able me to actually exit my vehicle and deploy my spike
strips, thus I stayed in my vehicle.
REYES: So you actually seen the suspect vehicle fully?
GALVAN: That is correct.
REYES: Were you able to see the occupants of the car?
GALVAN: Yes. I saw one occupant.
REYES: Did you have a pretty clear view? Or was it obstructed?
GALVAN: Urn, it was very fast -paced. It appeared to be a male.
REYES: Is that all you can recall of that time?
GALVAN: That's all I can recall.
REYES: So... from that point on, what are your actions from that point on.
GALVAN: At that point I joined the pursuit. Uh, myself and Sergeant Tokier in the
pursuit, along with several unmarked and marked cars.
REYES: Okay. Before... before we go further, describe to me positioning... from when
you initially get in the pursuit.. where are the unmarked cars, where's
Sergeant Tokier if you can recall, and where did you join in this pursuit?
GALVAN: I believe it was a Cat City unit. It was a primary unit chasing him. After
that...
REYES: You say Cat City referring to Cathedral City Police?
GALVAN: Yeah, that's correct.
REYES: Was it a marked unit?
GALVAN: That's correct. A black -and -white marked unit. Everything was activated-,
overheads and lights and sirens. Um, after that, I believe there was an
undercover car, maybe a couple, and then Sergeant Tokier's unit was also
in the pursuit. I interceded somewhere in between those units. Urn, there
may have been also a Sheriff's unit also. Um... at that point when I started
to intercede, I believe I was the third or fourth unit. We were heading
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Officer A Galvan Interview
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PSPD-003151
northbound Farrell from El Cielo. Sergeant Tokier was... was trailing me,
along with other unmarked cars. Best of my recollection.
REYES: At that time did you have your lights and siren on?
GALVAN: That's correct.
REYES: Okay. Do you recall if Sergeant Tokier had his lights and siren on?
GALVAN: I believe he did.
REYES: Okay. Then you proceed.... are you putting out any information regarding
this pursuit at that time?
GALVAN: I advised them I was involved... we were proceeding northbound... I believe
Sergeant Tokier aired a requesting to the units involved in the trace to I
Palm Springs unit take a secondary to call, at which point I proceedet
northbound, still going northbound Farrell... the secondary unit, which
i_*- w i-- .V& xci6*iw,
join the pursuit, acquiring the number two position, at which point I gave th
transmission over the radio reference the direction of travel. I
REYES- Okay.
GALVAN: I called the pursuit.
REYES: Let me back -track from that point for a second. When you initially
responded, after hearing this Gang unit in pursuit, did you hear any radio
traffic or receive any information requesting Palm Springs units to assist in
their pursuit?
GALVAN: You know, I don't recall if they actually requested it or not. I'm not... to my
recollection I don't recall if they actually aired... They did say they were in
pursuit of a... speculated it was a homicide suspect.
REYES- Do you recall at any time prior to or at the point you get involved, their units,
or Sergeant Tokier or any other supervisor, requesting our agency to take
this over? Take over the pursuit?
GALVAN- I don't recall if the sergeant actually requested us to take over. He did
request us to get up to the front and actually air... um, the pursuit.
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Officer A Galvan Interview
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PSPD-003152
REYES- And that was early on in the pursuit?
GALVAN: That's correct.
REYES: Okay. Now, as the pursuit is continuing, do other involved agencies fall out
and allow Palm Springs to be the primary agency in this pursuit?
GALVAN: Um.., the primary car is still in the lead. They do fall out and let me take the
number two position. And just fall to the back. I believe Sergeant Tokier
may have been the third party after that, and the other units were trailing.
REYES: And the first car remained Cathedral City Police Department?
GALVAN: That's correct.
BOOTH: Can I ask a quick question? As... you briefly mentioned this, but I'd like to
know what was going through your head at this point, as far as your thoughts
on what the suspect was wanted for. I remember you saying that he went
at a high rate of speed; it sounded like he went by the high school at a pretty
high rate of speed. And then you mentioned that you'd received information
on your Nexte ITM that there was a murder suspect and that they were
keeping an eye on him. What is... what is your impression, or what was
going through your head as far as what you think that man in the car that
we're chasing is wanted for?
GALVAN- Well, it's my speculation based on his behavior... I'm under the assumption
that this is in fact somebody who is, if not fleeing due to his nature and
involvement in a prior homicide, and/orjust fleeing for some... for some other
reason. But it's my perception that he is the murder suspect and he is
fleeing to avoid being apprehended.
BOOTH: Is there any radio traffic between you or Tokier or any of the Gang officers
that says I believe this is the 187 suspect?
GALVAN: Yes, I believe the primary unit... Cathedral City or one of the agencies
affiliated with the Gang Task Force, did air that this is the homicide suspect.
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Officer A Galvan Interview
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PSPD-003153
BOOTH: So that's your... that's your feeling, number one that he's obviously trying to
get away and number two, he's probably the murder suspect that you're
hunting... that the Gang Task Force is hunting, and now he's failing to yield.
GALVAN: That's correct,
BOOTH: Okay. Thank you.
REYES: As you're in this pursuit early on, with that given information, was it any
time... were you concerned that this may potentially end within our city and
Palm Springs may be the best agency to understand what... how to proceed
as far as coordinating efforts and putting out location of travel and so forth?
GALVAN: Yeah, pertaining to the location of travel and... yes, I do agree with that, that
Palm Springs would be the most adequate and the more familiar with the
territory,
REYES: Is that one thing that you considered?
GALVAN: Yes.
REYES.- Okay. Now, this pursuit is... once you're in the number two position,
Cathedral City is in the number one; what direction are you proceeding on
what street?
GALVAN- We're still north... excuse me, we're still northbound Farrell. I believe we're
just approaching Alejo and/or Tamarisk. In that area. Continuing
northbound,
REYES: What were the traffic conditions?
GALVAN: At that point it was moderate, Not extensive, on Farrell. We proceeded up
to the intersection of Vista Chino and Farrell and they become heavier traffic.
REYES: Roughly, would you estimate the speeds during that time?
GALVAN: I believe we were going between sixty and eighty. I did air it as we were
going through the pursuit. I aired it intermittently, giving updated, DOT,
providing also the driving behavior; non-compliance with some of the signs
and also his direction of travel.
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Officer A Galvan Interview
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PSPD-003154
REYES: Was it reasonable for you and the rest of the units to continue in that pursuit
at that time, in view of the speeds and so forth? Or was not reckless, where
you had to withdraw?
GALVAN: Yes, I think I do. The nature of the situation and the circumstances, I feel
that it was reasonable.
REYES: Okay. The pursuit gets to Vista Chino-, are you still in the number two
position?
GALVAN: That's correct.
REYES: Where does it proceed from there?
GALVAN: It proceeds eastbound Vista Chino.
REYES: And then it proceeds... eastbound Vista Chino to where?
GALVAN: To Gene Autry.
REYES: You're still in the number two position the entire time?
GALVAN: That's correct.
REYES. Is there any... observation that you can recall of the driver during that time
frame?
GALVAN: Yes I do. At a point, the primary unit gave what they said they believed the
subject was putting on a bullet-proof vest. I concurred with that and I also
aired, viewed the subject putting on an item which appeared to be a
bullet-proof vest.
REYES: At what point did you observe the subject?
GALVAN: I believe we were just about to approach the intersection of Gene Autry, still
traveling eastbound Vista Chino.
REYES; So fairly early on in this pursuit?
GALVAN: That's correct.
REYES, So this subject is putting on what appears to you to be a bullet-proof vest.
Do you still remain in the number two position?
GALVAN: That's correct.
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Officer A Galvan Interview
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PSPD-003155
REYES- How did you interpret that be, avior... as far as, um... his goals or his... what
he wanted to do or what type of threat did you perceive that to be?
GALVAN.- I believe on his demeanor, that elevatedthe threat. Obviously he's fleeing
several units. He's suspected to be a homicide suspect. Either ramifications
of being a suspect In a homic:ide is (unintelligible) in nature. When I actually
observed him putting on the vest, I believe it just escalated the situation and
pretty much presented to me that he intended to fight and didn't intend to
stop and maybe implied that he'd be subject to taking... gunfire.
REYES: Preparing himself?
GALVAN: That is correct.
REYES: Did you notice anybody else in the car?
GALVAN: At that time I didn't seen anyone in the car.
REYES: Now, you're at Gene Autry and Vista Chino. Where does the pursuit
proceed from there?
GALVAN: It proceeds northbound Gene Autry from Vista Chino.
RETES; Lights and siren still going-f
GALVAN: That's correct.
REYES: Northbound Gene Autry, and you're still in the number two position,
Cathedral City's still in number one... do you recall Sergeant Tokier involved
at that point?
GALVAN: Yeah, he was still.... I believe he was still in the unit behind me. I don't recall,
to be exact, but I know he was still in the pursuit.
REYES.- Okay. As it's going northbound Gene Autry, was there any radio traffic
asking or requesting you to withdraw or continue with this pursuit?
GALVAN: No. I don't believe there's no notion of either of that. I think it was still in our
city, so it was perception we're gonna still pursue.
REYES: Okay. It continues northbound Gene Autry, where does it go from there?
GALVAN: It proceeds to go to the Interstate. Interstate 10.
REYES: Does anything take place in the area of Via Escuela?
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Officer A Galvan Interview
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PSPD-003156
GALVAN- Yeah. The subject's still driving recklessly and he tries to go around a
vehicle near the intersection of Via Escuela and Gene Autry. Incidently he
side -swipes a vehicle, which was also proceeding northbound. He tried to
overtake him or pass him on the... the dirt side. They embark...
REYES: That's... Gene Autry is a two-lane highway, right?
GALVAN: That's correct.
REYES; One in each direction?
GALVAN: That's correct.
REYES: So the suspect went on the right hand side?
GALVAN: That is correct.
REYES: Side -swiped a car?
GALVAN: That's correct.
REYES: Did you observe this?
GALVAN: I did.
REYES: Then what takes place?
GALVAN: Ah... suspect vehicle still proceeds to go northbound, again trying to pass
vehicles on both sides, traveling I believe between sixty and eighty miles an
hour. Visibility's very poor due to the high dust content, sand content
blowing. Subject several times goes into oncoming traffic, causing them to
divert off the roadway onto the roadway to avoid being collided with head-on.
Um... Until he approaches the overpass of 1-10,
REYES: Are you providing Dispatch with periodic updates as far as your observations
of the conditions?
GALVAN: That's correct.
REYES- Okay. Do you provide Dispatch with the information regarding him running
people off the road?
GALVAN- I put out he was coming onto on -coming traffic. That's correct.
REYES; So it gets towards Gene Autry and 1-10; you're still in the number two
position, lights and siren still on?
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PSPD-003157
GALVAN: That's correct.
REYES: What happens at that point?
GALVAN: At that point, he's still proceeding, at times into oncoming traffic. He
proceeds to the on -ramp and proceed westbound 1-10. He goes in between
two vehicles, causing a slight accident. He side -swipes... inadvertently side-
swipes both vehicles as he's attempting to go in between them, at which
point he then enters the on -ramp... excuse me, the off -ramp, and proceeds
to go westbound 1-10.
REYES: Westbound 1-10 on the on -ramp, correct?
GALVAN: Yeah. On -ramp, excuse me.
REYES: Were you still in the pursuit at that point?
GALVAN: Yes. At that point I was... subjected to some heavy traffic and our lane of
travel was blocked until we were able to clear the roadway. There was a
large truck with a trailer attached that was preventing a lot of our units from
proceeding. After he was removed from the roadway, we again joined the
pursuit. So we (unintelligible) for... just momentarily.
REYES: So up until you get to 1-10, do you observe him, the suspect, any unusual
behavior in the car, besides putting on the vest?
GALVAN: There appears to be a lot of movement in the vehicle. Obviously he's driving
recklessly. He's not following the speed limit-, he's driving..
(End of side one of tape one, side two begins...)
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the tape.
REYES: My last question, in case it wasn't on the tape, was the suspect looking back
close you were?
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Officer A Galvan Interview
Page 19
PSPD-003158
GALVAN: Yeah, I believe I saw some movements... looking back, somewhat. To
where I could view the front of his face? No. I couldn't provide a good
description of his facial features. He was moving around erratically inside,
kind of peering back...
REYES: Any indication of a gun or any weapons at all?
GALVAN: At that point, no.
REYES: At that point? Okay. So you're Interstate 10 westbound. Is Cathedral City's
marked police unit still in the number one position?
GALVAN: Yes. There was another SO deputy that joined westbound from the on -
ramp...
REYES: Riverside County Sheriff?
GALVAN- Riverside County Sheriff, excuse me. And, ah... I believe, I'm not sure if
Cat City got stopped on the overpass until we were able to clear the roadway
and/or if they were able to follow him to where the sheriff joined him, and
then I rejoined in the number three position.
BOOTH: Where did the sheriff come from? Was he part of the back, the behind you?
Or was he waiting on the freeway?
GALVAN- He was on the freeway. He was coming from the Desert Hot Springs area,
so he was proceeding southbound Gene Autry,
REYES: When you're on 1-10, at what point do you catch up to the pursuit again?
GALVAN: Couple hundred yards. Just, ah... west of the on -ramp.
REYES: Was there an effort made to patch the various radio frequencies?
GALVAN: Yeah. At one point during the pursuit, there was an effort made and it was
implemented.
REYES: Do you recall when? Roughly? And what point?
GALVAN: I couldn't tell you. I think we were leaving the... I think we were probably by
inbound One -eleven and 1-10. Still proceeding westbound. Somewhere in
that vicinity.
REYES: Was that request made by you or someone else?
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• A Galvan Interview
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PSPD-003159
GALVAN: I do not recall if Sergeant Tokier asked to do that or if it was just done at the
discretion of the Dispatchers and/or the other agencies. I don't recall who
made that suggestion; it wasn't my suggestion.
REYES: Was it successful? Were you able to hear other agencies involved in this
pursuit on your police radio?
GALVAN: Yes.
REYES: Was it clear?
GALVAN: Ah, it wasn't necessarily that clear.
REYES: So you proceed westbound. Is there any unusual behavior that takes place
by the suspect?
GALVAN: Uh, subject's...
REYES: Or in the vehicle?
GALVAN: I'm still seeing movement. The subject's traveling speeds eighty to greater
than one hundred miles an hour, weaving in and out of traffic. Still driving
recklessly. There's continuous movement there. At one point I believe there
possibly could be another subject inside.. Um, I believe that I aired that
there's potentially another passenger, I was uncertain. Due to his
movement, he may have actually brought down or intentionally brought down
the... flap... the mirror flap...
REYES, What caused you to believe that there was a second, potentially second
suspect in the car? Subject in the car?
GALVAN: Well, I saw.. I saw much movement in there and I think that's when I may
have seen the.. the rear view mirror flap come down... and I was uncertain,
so I aired it,
REYES: What position were you in the pursuit at that time?
GALVAN: I was three; number third position.
REYES; Do you recall which two units were ahead of you?
GALVAN: I believe it was a Cathedral City unit and a Sheriff's patrol unit.
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REYES: Was there any other collisions on the freeway while heading westbound... by
the suspect?
GALVAN: No prior collisions. Eventually... eventually the chase ended when the
subject collided with another vehicle.
REYES; Do you recall if the spike strips were deployed at all? On Interstate 10?
GALVAN- I'm not certain; I know there was a request to be made and although the air
traffic was distorted and multiple agencies were utilizing the channels, it was
hard to understand exactly what was being said. But I believe there was a
request to implement the spike strips by the CHP units. I did see them on
the side of the roadway. It is unknown if they actually, in fact struck the
strips.
REYES: Do you recall shots being fired while the pursuit was traveling westbound?
GALVAN: That's correct,
REYES- Do you recall shots being fired by police officers or the suspect vehicle? Or
someone standing on the side of the roadway?
GALVAN: The suspect vehicle. It was at the point, I was traveling, I was... the suspect
was in between the number one, number two lanes, still proceeding
westbound 1-10, speeds greater than a hundred. I believe Cathedral City
was in the number one lane; I believe the sheriff's unit was in the number two
lane. I was in the number two lane directly behind the sheriff's unit, at which
point I had an observation of the vehicle... suspect vehicle. I observed the
window shatter.
REYES- Which window are you referring...
GALVAN: The rear... the rear window of the suspect vehicle... shattering.
Inadvertently, both units in front of me pulled and one of the units yelled "11-
99, shots fired! Shots fired!" I inadvertently aired 'shots fired' as I pulled to
the right.
UNKNOWN- You use the word inadvertently,- (inaudible). Is that what you're saying?
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GALVAN: Yes. Um... and basically they called 11-99, shots fired, which I presumed to
be they were taking rounds. I did not see them firing any rounds. I did see
the rear view mirror... the rear window shatter, with the presumption that
they're taking fire...
REYES: You presume that based on the air traffic or did you observe someone
shooting out of that back window?
GALVAN: I observed the back window shatter, based on their statements and
everything leading up to that point, they were tak.. they aired that they
were... shots fired, they were taking fire. And then I aired there were shots
fires.
REYES: When they aired that, did they have a certain type of behavior that you
observed as far as their cars?
GALVAN: Correct. They both swayed to the side. Both almost... one of the units
almost caused a... were involved in a collision as a result of their actions,
including myself as I pulled to the side also.
REYES: Now, when you say the back window shattered.... that... if you... could you
actually see the window shatter?
GALVAN- Yes.
REYES: Can you tell if the window was shattered outward or inward?
GALVAN': It appeared to be shattered outwards. I saw the glass coming from the rear
view... the rear area.
REYES: Were you able to see the suspect inside?
GALVAN: I saw the silhouette of the suspect, yes. Still driving.
REYES: Okay. Now... do you elect to continue in this pursuit?
GALVAN: I do.
REYES: Did the two units in front of you also continue in this pursuit?
GALVAN: That's correct.
REYES: All three of you in the same position?
GALVAN: Ah...
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REYES: As far as positions in the pursuit?
GALVAN At that point I'm not sure, actually, if we retained the same position. I fall out;
a couple units, ah, I was almost struck by another vehicle, possibly a patrol
unit when I swayed after the shots fired came out. When I actually returned
to the pursuit, I don't believe I was still in the number three position-, I believe
I may have dropped back to four or five. I'm not... uncertain... what my
position was at that time.
REYES: Well, this suspect is a potential murder suspect, dons on a bullet-proof vest
and is allegedly shooting at you, and you continue in the pursuit?
GALVAN: That's correct.
REYES: Okay. Now, what takes place after the initial shattering of the window and
the veering of the cars off to the side?
GALVAN: Shortly thereafter there was... via the radio, there was a request for spike
strips. Urn, I believe another unit. I'm not sure if it was California Highway
Patrol, take position in the area where we're... responding to or in the area
of. Shortly thereafter I see the vehicle, ah... lose control. I'm not sure if he
actually did strike the spike strips or not. I did see some uniformed officers
on the right side of the roadway, positioned to the north of our location, at
which point I see him strike the center median and come to a stop in the..
I believe it was the number two or number three lane. Still westbound 1-10.
REYES: Okay. When the vehicle comes to a stop, explain me the order of officers
that are directly behind this vehicle.
GALVAN: I'm not sure of the exact order of the... of the way units come to a stop, or
what order they're approaching.
REYES: Were you first?
GALVAN: I was not first.
REYES; How many units would you say came to this scene, prior to you arriving?
GALVAN: I believe we pretty much arrived simultaneously, but I believe we were kind
of in a circular pattern, so there may have been approximately, I believe four
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units to my left. I may have been the fifth one in. Um... again, establishing
somewhat of a circular perimeter, with the suspect still being approximately
two... two to two hundred fifty feet in front of us.
REYES: Was Sergeant Tokier... did he stop his car before you or after you?
GALVAN: Before me.
REYES: And was he... where was he positioned? To your right or to your left?
GALVAN: To my left.
REYES: Okay. What lane of traffic were you stopped in, if you can recall?
GALVAN: I believe it was either the three or number four lane. Possibly the number
three lane, I believe.
REYES From your position where you were stopped, the suspect vehicle, was it
directly in front of you?
GALVAN: I was slightly to the right.
REYES., Now, when you stopped, do you immediately get out of your vehicle?
GALVAN- Yes.
REYES: What takes place from that point, as far as your actions?
GALVAN: As I'm exiting my vehicle, I'm hearing repetitive gunfire. Uh, I looked down
towards the suspect vehicle,- I see movement in the vehicle, at which point
11 believe the subject's firing at me. I'm in fear of my life and I elect to return
fire. I positioned myself behind the driver's door for cover...
REYES: Okay... let me stop you there. When you stop your police car, can you see
the suspect car?
GALVAN: Yes.
REYES: Did you have a clear view?
GALVAN: Yes.
REYES: Was there any obstruction at all?
GALVAN: No.
REYES: Was he still in the car when you stop your car, before you get out?
GALVAN: Yes. I did not see him out of the car.
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REYES: Okay. When you exited car..., your car, when shots were being fired, were
you still seated in your car? When you initially hear shots being fired?
GALVAN: I believe so. Um...
REYES; Okay. Now...
GALVAN: I didn't have my window down, so... as soon as I opened the door, I heard
the gunfire.
REYES: Okay. Did you believe that gunfire to be coming from the suspect vehicle or
the officers next to you? Or both?
GALVAN: Potentially both. But I believed that this subject was firing at us. At me.
REYES: Okay. Now, shots are being fired and you believe that it's coming from the
suspect vehicle, or potentially both. You exit your car; as you're facing the
suspect vehicle, is the suspect still in the car at that time?
GALVAN: I do not see him outside of the car at this time.
REYES: Do you believe him to be still in the car?
GALVAN- That's correct.
REYES: Now, do you draw your duty weapon?
GALVAN: I do.
REYES: Do you draw a shotgun or your patrol rifle at all?
GALVAN- I go to my sidearm.
REYES: Did you have both of those weapons in your car?
GALVAN: I did.
REYES: Now, when you went to your sidearm, and you drew your weapon, do you
believe shots were already being fired from officers next to you?
GALVAN: I believe so. There was ... repetitive gunfire.
REYES: Okay. Do you... do you... were you the first one to shoot? As far as the
officers?
GALVAN- I don't believe so.
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REYES- Now, when you... you're out and you're facing the suspect vehicle with your
duty weapon, what do you see just prior in terms of the suspect vehicle and
potentially the suspect, prior to you shooting?
GALVAN- I see movement in the... in the vehicle.
REYES: Describe movement.
GALVAN: I see, ah... movement, possibly from the suspect. Um, I'm hearing repetitive
noises coming from that area, which I believe to be gunfire. Um...
REYES: I need a clearer picture. When you say I see movement, what do you mean,
movement? Is he turning around? Is he ducking down? 0 r is he just
shuffling?
GALVAN: It appears the subject...
REYES: Is he facing you?
GALVAN: It appears that he may have been ducking down. I saw what I believed to be
potentially a weapon. Um.. and I see movement towards the back of the
vehicle.
REYES- Okay. Where did you see this potential weapon? Is it in his hand? Is it
sticking out the door? Where do you see this potential weapon?
GALVAN: I see it in the... inside the vehicle. I see an item that's moving up and down
in the vehicle. I don't necessarily see the gun. This potentially could be a
gun. And I'm hearing repetitive gunfire. I don't see his... directly in hand. I
see movement...
REYES. Are the doors closed?
GALVAN: Yes. At this time I believe the doors are closed.
REYES: Was the back window completely blown out?
GALVAN- Yes.
REYES: You had a clear view of the inside of the car?
GALVAN: Yes.
REYES- So he's moving around and he's... he has... you see an item moving around
that you believe to be a weapon?
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GALVAN: Potentially a gun, yes.
REYES: And you hear what appears to be gunshots coming from that car?
GALVAN- That's correct.
REYES: Is it at that time that you started to fire?
GALVAN: That is correct.
REYES: Now, when you start to fire, how many rounds do you believe you fired?
GALVAN- I believe twelve to fourteen.
REYES: Okay. Prior to firing, when your gun's drawn, did you realize what was in
front of the suspect vehicle? The backdrop?
GALVAN: It was a truck stop.
REYES: Do you recall any other cars or any other people who may have been
stopped in the roadway directly in front of the suspect vehicle?
GALVAN: At that time I don't recall. There was clear lane to travel. It was... we had
provided coverage to the backs and all was proceeding to westbound, and
it was clear, It was a clear view in front of me.
REYES: Okay. Anybody out of their cars in the roadway at all, at that time?
GALVAN: At that time I did not observe that, no.
REYES: Now, you believe you fired eight to twelve rounds.
GALVAN: Twelve to fourteen rounds.
REYES: I'm sorry; twelve to fourteen rounds. Was that all from the magazine inserted
into your gun?
GALVAN: That's correct.
REYES: Did you fire a volley of rounds, stop and pause, and then continue to fire?
Or was it all continuous?
GALVAN': I'm sorry, can you repeat the question?
REYES- Twelve to fourteen rounds that you fired... was it all continuous fire or did you
fire two to three, stop.., continue to fire two to three more, or... how did you
go about firing?
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GALVAN- I believe it was intermittent. I would fire, urn... I'm not sure-, two to three
rounds, four rounds. Uh... I don't recall how batch I went in shooting, to be
honest with you.
REYES- But do you recall if there was any intermission? Or was it straight, all twelve
to fourteen?
GALVAN: No, it was all twelve to fourteen. There was no extensive intermission. It
went in rounds of two to three or five to six, there was no... no particular
intermission... until I stopped... until I ceased fire.
REYES: When you were firing, what were you aiming at?
GALVAN: I was aiming at the... the actual truck was actually opened... I don't know if
that was at his doing or his involvement in an accident or just from the
gunfire. It was partially opened. My line of fire was directed towards the
drivers side area where he was seen and where I was seeing movement,
REYES: Okay. When you were firing, do you recall, if you can, other officers firing
around you?
GALVAN: Yes.
REYES: Now when you're firing at the car, are you firing because you perceived him
as a threat to you or threat to other people? What was your purpose...
GALVAN: Both.
REYES: ...behind firing at this... what is the reasoning you had your firearm.
GALVAN: That is correct. I perceived him as a threat to myself, my fellow officers. I
was in fear of my life.
REYES: Okay. Were you... was any of your fire for the purpose of keeping his head
down? Suppression fire?
GALVAN- To keep... keep the suspect's head down? I don't know if I understand the
question.
REYES: Was any of your fire... is your fire directly for the purpose of... because he
was a threat to you at that time, or was any of your fire as suppression fire,
to keep his head down, from being a potential threat to you or...
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GALVAN: The fire was strictly to... 'cause I had perceived him as a threat. I wasn't
necessarily (garbled) to keep his head down.
REYES- How long would you estimate, if you can, it took you... from the time you fired
until the time you stopped?
GALVAN: I couldn't tell you. Less than a minute, I'm sure. Thirty seconds? If that. I
couldn't recall exactly.
REYES- By the time you get out of your car and draw your weapon, give me an
estimate of the time you start to fire. Was there any delay, as far as you
possibly getting out, drawing your weapon, (garbled), (garbled) before you
start firing, or (inaudible)?
GALVAN- I pretty much fired immediately after I- got out of my car. I observed the
target, saw the movement, proceeded as a threat, returned fire.
REYES: What caused you to stop firing?
GALVAN-. At one point I overheard someone exclaiming, "Cease Fire! Cease Fire!"
which I think several subjects there, law enforcement personnel... who, I'm
not sure, started yelling cease fire, at which point I ceased fire.
REYES: But you don't know who yelled cease fire?
GALVAN: I don't recall. It may have been Sergeant Tokier, who was to my left. There
was another couple units to my right. I believe another unit to the right. One
of the subjects there may have yelled cease fire also.
REYES. What did you do when that order was yelled out>?
GALVAN: I immediately ceased fire, I dropped my mag and uploaded with another,
fresh mag. Speed loaded.
REYES: When you reloaded with another mag, did you fire it... any rounds from that
gun again?
GALVAN: No sir.
REYES- What did you do? Did you remain on target? Did you holster?
GALVAN: Remained on target.
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REYES: Now, you stopped firing at the order of cease fire/. Did you stop firing
because of the order of cease fire, or because of the threat no longer being
a threat?
GALVAN: I believed that someone may have had a better perception, or a visual of the
subject. Several of the subjects at that point did yell cease fire. Uh.. I didn't
perceive it to be a direct threat to me at that point. People ceased fire, I did
not hear any fire being returned from the suspect vehicle.
REYES: After you reload your magazine and you're on point, what do you do next?
GALVAN: I hold. I hold and positioning my weapons downwind towards the vehicle.
There is a team... a take -down and/or arrest team that are developed. They
go and apprehend the individual in front of the vehicle.
REYES: Do you recall, were you part of that arrest team?
GALVAN: No sir.
REYES: Were you a part of... approaching the vehicle at all?
GALVAN: No sir.
REYES: Was your role to just cover a certain aspect of this car?
GALVAN; That's correct.
REYES: So you remained back at your car the entire time?
GALVAN: That's correct.
REYES: Did you receive any other instructions from Sergeant Tokier?
GALVAN- Not to my recollection.
REYES: Or any instruction at all?
GALVAN: Not to my recollection.
REYES- Did you have any other gun in your possession?
GALVAN: On me, no.
REYES: On you.
GALVAN- No sir.
REYES: Did you fire any other gun, other than your duty weapon, which you've talked
about so far?
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GALVAN: No sir.
BOOTH: (Garbled) mention that duty weapon thing... is it pretty safe to say that if we
go out and grab you magazine that your dropped, and count how many
bullets are in there and subtract it by fifteen plus one in the chamber,
subtract it by sixteen, that that's probably gonna be the accurate amount of
bullets that you shot at the suspect?
GALVAN: That's correct.
BOOTH: Okay.
REYES: When you're on point covering that vehicle down range, as the arrest team
is approaching, what actions do you observe of the suspect?
GALVAN: Prior to... shortly after the cease fire, the suspect exits his vehicle. He
displaces or removes his bullet-proof vest from himself, throws it down, then
he becomes compliant and we ordered (him) to drop down to the ground. I
observed the take -down team arrest him and go and place him in handcuffs
and clear the vehicle.
REYES: Do you recall any gun at all? Seeing any gun?
GALVAN: I saw the gun shortly after he was apprehended. It was to... a little in front
of him and that wasn't in my direct line of view to where he apparently
discarded the gun.
REYES: You never saw him discard the gun?
GALVAN: I didn't see that.
REYES: You just observed the gun on the floor after the fact.
GALVAN: That's correct.
REYES: You did observe him take off a police vest?
GALVAN- That's correct, sir.
REYES: And you observed him throw that out the window?
GALVAN: I believe he exited his car first, and then removed the vest and then threw it
down. Based upon my recollection.
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REYES, Okay. Was, ah... do you recall Sergeant Tokier... did he approach with the
other officers?
GALVAN: I don't believe so, sir. I believe he held ground at his parol car, provided
coverage.
REYES- Did you have any contact with the suspect at all? Physical contact?
GALVAN: Physical contact, no sir.
REYES: Now you say you observed the gun on the ground... you're unaware of how
that got there? Obviously at one point you approached the suspect vehicle?
GALVAN: I stayed a distance away, but I did... I did observe it in the roadway when I
had a better position... actually a position closer to the vehicle.
REYES: After he's taken into custody, was he placed in your car or Sergeant Tokier's
car at all?
GALVAN: No sir.
REYES: Did you have any contact with this guy at all?
GALVAN- No sir.
REYES: Do you know where he was placed?
GALVAN: I don't.... I don't recall. He was placed in another unit. I'm not sure whether
it'd be a sheriff unit or a highway patrol unit.
REYES; Did you ever have any contact with the suspect vehicle? Either going
through it or touching the items on the ground?
GALVAN- No sir.
REYES: How closed did you ever get to that car or bullet-proof vest or gun that was
in the roadway?
GALVAN- Couple hundred feet, sir.
REYES: Anything else?
BOOTH: Did you have any verbal conversation with the suspect?
GALVAN: I didn't have a direct conversation with him. He made a statement as he was
passing by several officers en mute to the unit where he was placed into.
BOOTH: What was that statement, if you remember it?
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GALVAN: Somewhere in the effect that you guys should... go to the Range for training.
Similar to that statement.
BOOTH- Kind of a cocky statement towards you?
GALVAN: Yes. Yes.
BOOTH: Did you say anything unbecoming of a police officer back to him?
GALVAN- No sir. I didn't make any comments.
BOOTH: Any other Palm Springs police officers shoot, as far as you know?
GALVAN: AS far as I know, no sir.
BOOTH: From what I remember from listening to the conversation here, it sounds to
me like it was you and Sergeant Tokier are probably the only two
Palm Springs Police officers that were on the scene of the crash and the...
and the shooting. Is that correct.
GALVAN: That's accurate, sir.
BOOTH: Um, at some point, later on, did other Palm Springs Police officers or
sergeants or supervisors respond? And I'm not talking about Captain Hall
and those guys that responded to investigate, I'm talking about people that...
following the pursuit or third or fourth or fifth or... anything like that?
GALVAN: I believe Officer Pete Rode... I believe he arrived... I think he was directed to
stop a I I westbound traffic.... so no other personnel was subject to the actual
shooting and/or trailing pursuit within a reasonable distance.
BOOTH: So that was like a safety measure, to not let the public get up... involved in
this shootout?
GALVAN.- That's correct. Absolutely.
BOOTH: Any other of Palm Springs Police officers or sergeants that showed up?
GALVAN: I believe Officer Desmarais showed up-, I believe Sergeant Seablom showed
up; and I don;t recall any other direct officers, outside of the officer involved
shooting investigation.
BOOTH: Um, I'd like a little more clarification on the shattering of the back window.
As you are driving in this pursuit, and it sounds like you're about the third car
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in, and you hear the man... the deputy or the officer say shots fired, 11-99,
and you see that window come shattering out, would it be consistent with
somebody shooting that window and having the glass fly into the interior of
the car? Or would it be consistent with somebody shooting from the inside
of the car out and the glass going outside?
GALVAN: It looked like somebody shooting from the inside of the car and glass going
outside.,
BOOTH: Okay. And with all the things that we've talked about., the driving erratically,
with no regard for the citizens' safety; the bullet-proof vest; the crashing of...
now into four different cars,- and the information we had about him being a
possible murder suspect and now you have these observations and you hear
about him shooting at you, um... is there anything else that you're thinking
of, other than those things.... is there any other things that were going
through your brain that's saying to you, um... I need to use some extra
caution here? Or was it still your intent to continue on and capture this guy?
GALVAN: Obviously, caution was considered. It's my line of work and I wasn't
requested to... remove myself from the pursuit. And considering everything,
as you mentioned, I intended to stay there until the... the end of this
altercation.
REYES: At the scene of the shooting, do you recall if the eastbound traffic was
continuing? On 1-10?
GALVAN: I'm speculating it was. After the shooting, there was..
REYES: If you don't know, you don't know.
GALVAN: Yeah. I'm not sure. I'm not sure no unit was deployed to stop eastbound
traffic at that time. But after the shooting there was still movement
eastbound 1-10.
BOOTH: Give us just one second...
REYES- We're just gonna review some policies... make sure we covered all the ones
that we wanted to cover here. Now, your gun... when you reloaded and you
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holstered.. prior to RSO taking your gun as evidence, did anybody else
handle your gun?
GALVAN: No sir.
REYES., Did you reload with any other magazines? Other than your initial reload?
GALVAN: No sir.
REYES; You know, I noticed upon inspecting your police vehicle, you had a separate
Sam Brown TM in your trunk of your car. Did you have that on and switch
Sam BrownST11 at all?
GALVAN: No sir.
REYES: Great. I noticed there wasn't no holster or gun associated with that
Sam BrownT" . Was that just a... just an extra one you carry?
GALVAN: Yes sir. I recently acquired all new Sam Brown T11 equipment, going from the
gold snaps to the silver snaps, and that was my initial Sam Brown TM I
purchased five years ago, Subsequently I placed it in my vehicle, intending
to place it in my locker for a secondary Sam Brown TM, if needed on an
emergency basis. I just hadn't completed that talk prior to this involvement
in the pursuit.
REYES: Are you aware if Sergeant Tokier fired at all?
GALVAN: I've been advised he has not. He did not.
REYES: No. I'm not asking you about you being advised. Are you personally aware
if he fired at all?
GALVAN: I am aware that he did not...
(End of side two of tape one; side one of tape two begins ... )
BOOTH- ...number two and during the time that the tape was changed, there was no
conversation.
REYES: Are we on?
BOOTH: You're on.
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REYES: You had asked Sergeant Tokier if he had fired and he advised you that he
did not. Did you observe him to have any weapons in his hand? Whether
it be duty weapon, rifle, shotgun or anything?
GALVAN: I don't recall... during the actual shooting, what his... I know, after the
shooting I... observed his position was just to the left of me. I didn't recall
what his actions were during the actual... not participation in the... the
shooting, nor what he possessed.
BOOTH: Why... it sounds like to me, he got there just seconds or portions of a second
ahead of you, and it sounds to me like he was just to the left of you, um, in
the next lane over... where? Probably like the number two maybe? Or the
number three? Whatever... just to the left of you.
GALVAN- Okay.
BOOTH: That he didn't shoot and you did. Can you... can you give us an idea why
that may have happened? And I don't... I'm not asking you to think into his
brain, I'm just wondering if you could have... if you have an idea why that
didn't... why he didn't and you did.
GALVAN: I'm not sure, sir.
BOOTH- Okay. It's hard to think into somebody else's brain, and I don't want you to
do that, but I'm just... I'm wondering if he... if you saw a better threat than
him or he... didn't... or what the scoop is. If you don't know, that's fine.
GALVAN: I wouldn't want to speculate on his actions why or why not he didn't fire.
REYES: When you did pull to a stop, him obviously arriving just prior to you, do you
notice if he's outside of his car or still seated in his car?
GALVAN- I don't recall that, sir.
REYES: Okay.
BOOTH: Let's go over one more real thing real fast...
REYES: We covered the radio... the patch. You did state the radio patch did work,
but it wasn't very clear?
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GALVAN: That's correct. It was distorted, and with multiple agencies, it was...
everyone was covering up each other's transmissions.
REYES: When you say covering everybody's, basically stepping on each other...
GALVAN: That is correct.
REYES: ...you weren't able to interpret... certain people were kind of put out?
GALVAN: It was difficult. That is correct.
BOOTH: Would it have been better if the patch wasn't on?
GALVAN: Potentially. Potentially.., we could have went to a national one or whatever
other frequencies, but as we were at that location, we were staring to lose
our transmission, our primary line with Palm Springs Dispatch, due to the...
leaving the area.
BOOTH: Might be an area that we should research to see if we can do it better on the
different transmissions someplace later on down the line.
GALVAN: I'd concur with that,
BOOTH: As we wrap this interview up, did you want to make any statements or did
you feel like we missed something that... that you would like to mention?
GALVAN: I don't believe so, sir. Other than the fact... it's my first shooting, Um, strictly
I was in fear of my life.
BOOTH: Um, at the point we're at now... and Sergeant Reyes and I are gonna
complete this investigation.. it's an internal investigation and we'll... like the
order we gave you a couple of days ago when this happened, that we
ordered you to be off duty and waiting for your return back to work, you have
subsequently been approved to come back to work, is that correct?
GALVAN: That is correct. I'll start my routine shift this Sunday approaching.
BOOTH: Another order that we're gonna give you right now is that you don't discuss
this with any of the other potential officers that were involved in this pursuit.
Obviously that doesn't mean you can't talk to your attorney or a counselor or
something like that. But I'm talking about Pete Rode, Desmarais, Seablom,
Tokier, and such. Your POA representative is fine, that sort of stuff. But I
Administrative Investigation #2005-08
Officer A Galvan Interview
Page 38
PSPD-003177
don't want them to come into an interview potentially like we have right now
and have them say well, I spoke to Arnold and Arnold told me... X, Y and Z.
Do you understand that?
GALVAN- Yes sir.
BOOTH: Do you have a problem with that?
GALVAN: No sir.
BOOTH: Good.
REYES- Have you talked to anyone of these officers that Sergeant Booth just
mentioned, between the time of the shooting and this interview?
GALVAN: Not... not...
KRAUSE: What do you mean by the time of the shooting? The day of the shooting?
REYES: The day of the shooting and...
KRAUSE: I still (unintelligible)...
GALVAN: Sergeant Tokier was on scene; the other subjects, no. Basically Tokier was
just seeing if I was alright. I believe he was assigned to... to be with me...
with the Association President.
REYES: Okay. How about the day after and up until now? Any discussion about the
shooting incident with any of these people?
GALVAN: No, not to my recollection. No.
REYES: Okay.
BOOTH: I have nothing else.
REYES: You want to note the time?
BOOTH: Mr Krause, do you have anything?
KRAUSE: No. You covered it well. Thank you.
BOOTH: The date is still the 23 Id of June... and it is 1315 and the radio and the tapes
are going off.
Administrative Investigation #2005-08
Officer A Galvan Interview
Page 39
PSPD-003178
PSPD-003179
PSPD-003180
Aecorded Interview of Sergeant A Tokiec.
06/23/2005,1455 hours
REYES: .. ah, date... June 23 d 2005. Location, PSPD Detective Conference Room.
Time, 1455 hours. Interview of Sergeant Abe Tokier. Just for the tape,
everybody identify themselves so it makes it easier for the secretaries to
dictate this later.
TOKIER: Sergeant Abraham Tokier, ID one oh four six five.
REYES: Sergeant Bryan Reyes, ID number one zero six six zero.
BOOTH: And Sergeant John Booth, ID number oh seven three nine.
REYES: This is, ah... an interview in regards to Palm Springs PD ]A number 2005-08.
This is an interview of Sergeant Abe Tokier. Tokier, this interview of you is
strictly as a witness. Everything that... all information we've received thus far
and policies have been reviewed, indicate you as a witness in this incident.
If at any time during this interview we learn of information that may cause
you to be exposed to potential disciplinary action, we will cease the interview
and allow you to have an opportunity to have representation prior to
continuing. Understand that?
TOKIER: Yes.
REYES: Okay. Going back to Thursday, June 16"... were you on duty as a Patrol
supervisor?
TOKIER- Yes.
REYES- What shift were you working?
TOKIER: Day Watch.
REYES: Approximately 1443 hours... Actually, prior to 1443 hours, you received
information of a potential surveillance on a murder suspect in our city?
TOKIER: Yes.
REYES: What information did you receive?
TOKIER- Um, my day shift team sergeant, Sergeant Mitch Spike informed me that
Coachella Valley Gang Task Force was conducting a surveillance in the area
PSPD-003181
of 280 South Cerritos and that they were looking for a 187 suspect and that
they may require assistance with a uniformed traffic stop.
REYES: Were you the sergeant responsible for supervising the field officers?
TOKIER: Jointly with Sergeant Mitch Spike. Correct.
REYES: Are you familiar with 280 South Cerritos and activity that has previously
taken place there?
TOKIER: Yes.
REYES: What information did you know priorto this event? Your personal knowledge
of that address.
TOKIER: Uh, my knowledge was that a few months ago we had information that some
gang member -types were hanging out at that location and were associated
at that location and that they were possibly in possession of numerous
weapons. I believe we received that patrol information from a confidential
informant.
REYES- Okay. Now, on this date, while working Patrol, did you hear any unusual
radio traffic from the gang officers associated with that address?
TOKIER: Yes.
BOOTH: Can I interrupt for one second? Before... before the gang officers talked on
the radio, did you do anything in particular to let your officers know about the
information you had received?
TOKIER: Yes.
BOOTH: Tell us what you did, if anything, to let your officers know of the potential
problem at 280 South Cerritos.
TOKIER: Well, in an effort not to transmit any of the surveillance information over our
police frequency, I put together a text message for our patrol officers and I
sent them information, letting them know that Gang Task Force officers were
conducting a surveillance at 280 Cerritos and that they may require
assistance in a traffic stop. That was the information that I had; I passed it
on to the six patrol officers that were working the city at that time.
Administrative Investigation #2005-08
Sergeant A Tokier Interview
Page 2
PSPD-003182
BOOTH- To your knowledge, did Officer Galvan receive that information?
TOKIER: He did,
BOOTH: And you know that because he told you that or you had confirmation of it of
some sort?
TOKIER: No, he told me later that he got that information.
BOOTH: Okay. Thank you.
REYES: Did you hear over the radio information regarding gang officers attempting
to stop a vehicle associated with that address?
TOKIER: Yes.
REYES: What do you specifically recall?
TOKIER: I recall, I believe the call sign was GANG 1 -10, traffic stop. As I recall it was
in the area of Farrell and Ramon and almost immediately vehicle's failing to
yield and we're in pursuit.
REYES: What did you do... did you do at that time?
TOKIER: I was at the station. Realizing that Gang Task Force officers were possibly
engaging a homicide suspect, I left the station at a run, got into my vehicle
and headed toward Farrell Drive and Ramon, which is the last location where
I believe the pursuit was at, in an attempt to meet up with the pursuit and
assist.
REYES: Were you in a Code-3 status with lights and siren?
TOKIER: Yes.
REYES: Okay. Did they request for our agency to get involved in this pursuit?
TOKIER: Urn... my understanding was that the initial request to Sergeant Spike was
that they were going to ask for our uniformed officers to assist them in a
traffic stop. So, initially, that was my understanding, that they were already
requesting our assistance.
REYES: Okay. When you get to... at what point do you actually get involved in the
pursuit?
Administrative Investigation #2005-08
Sergeant A Tokier Interview
Page 3
PSPD-003183
TOKIER: Uh, I... I obtained visual contact with the pursuit in the area of Baristo and
Farrell, northbound. Um... the vehicle came, as I believe, eastbound Baristo
and turned northbound on Farrell, and right there is where I picked it up
visually. I didn't actively get into the pursuit until I was at, say the two
hundred block of North Farrell, just north of Tahquitz.
REYES: Okay, at that point, who do you observe... or what vehicles do you observe
in this pursuit? Just prior to you getting involved into it.
TOKIER: I saw one marked Cathedral City Police unit as lead vehicle in that pursuit,
followed by probably three unmarked Gang Task Force vehicles.
REYES: Was there any Palm Springs Police Department marked or unmarked units
involved at that point?
TOKIER: No.
REYES: You were the first Palm... representative of the Palm Springs Police
Department to get involved in the pursuit?
TOKIER: No, I think simultaneously Officer Galvan arrived at the same time, as I
recall, about the same location, the two hundred block of North Farrell, and
as I recall he became... he was in front of me, I was behind him and I asked
the Gang Task Force officers to let us up to the front, as we were driving
marked units and they had only one marked chase car in the pursuit.
REYES: When you asked for our agency to get up to the front, can you tell me about
some specific things you were thinking about in regards to your decision to
get us more involved in this pursuit?
TOKIER: Well, my thing was that Gang Task Force officers only had one marked unit
in the pursuit; they only had one vehicle that had emergency lighting on it,
other than the red light visor -type lighting that the.. you know, unmarked cars
typically have, and the strobes... My thinking was that we needed more
marked units up toward the front of the pursuit to male it more readily
identifiable to the citizens, that we did have a car failing to yield for us.
Administrative Investigation #2005-08
Sergeant A Tokier Interview
Page 4
PSPD-003184
REYES: And you understand this... this from the beginning, that this was a potential
murder suspect you guys were attempting to apprehend?
TOKIER: Absolutely.
REYES: Now, did it ever cross your mind as a potential factor in getting more involved
in our city is the fact that these other agencies involved are not very familiar
with our... our agency? Our city and its streets?
TOKIER-. That's correct. I don't... I don't recall exactly, but I'm drawing the conclusion
that somebody in the Gang Task Force unit asked for us to take that pursuit.
You know, without listening to the tape, in retrospect, I wouldn't really be able
to tell you honestly if that did occur, but I... it's my recollection that we had
the marked units, we pulled up next to him and I said hey, you know, should
we... should we or can we move up front and they said go ahead, let PSPD
units up front. So that was my understanding of what occurred. The tape
would be the better representation of what occurred, but that's how I recall
it.
REYES: Did Palm Springs PD units in fact move up to the front of this pursuit?
TOKIER: We moved... Officer Galvan moved up to the number two position and I
moved up to the number three position and I believe Cathedral City officer
Mackie, Gang Task Force Officer Mackie was in the number one position in
the marked chase car.
REYES: Do you recall observing Officer Mackie's car and Galvan's car with the lights
and siren activated?
TOKIER: Yes.
REYES: And you were in what position at that time?
TOKIER: I was number three.
REYES: And your lights and... siren were activated?
TOKIER: Yes.
REYES: Okay. Would it be safe to say at that point you took control of this pursuit,
as far as supervisor on the scene?
Administrative Investigation #2005-08
Sergeant A Tackier Interview
Page 5
PSPD-003185
TOKIER: Yes. We didn't really have a roster of who was involved in the surveillance
on the house, so I wasn't... it wasn't clear in my mind whether or not they had
a supervisor with them at the time or not. As the pursuit was in our city, we
were more familiar with it and we were up in the forward position of the
pursuit. At that point I did assume control of that pursuit.
REYES: What unit were you driving?
TOKIER. Sixty eight ninety nine.
REYES: And it's assigned to you?
TOKIER: Yes.
REYES: Marked police car?
TOKIER: Yes.
REYES: If I recall correctly, it's a slick top with a... could you describe the lighting...
the emergency lighting equipment on your car?
TOKIER: It has a solid four red in the center of the windshield in the upper portion; it
has blue and I believe red in the back; and then the yellow CalTrans bar..
has strobes on it. It's a fully equipped emergency vehicle.
REYES: Were you wearing "Class B" uniform at that time?
TOKIER: Yes.
REYES: Duty belt? Patches on your shoulder? Required uniform of the Department?
TOKIER- Yes.
REYES: Now is this... at one point you do request to go to the front for the purpose
of having these unmarked units to either get out of the pursuit altogether..
is that the goal?
TOKIER: Well, my goal is to put marked units toward the front of the pursuit so that the
pursuit can be managed in a more safe fashion, so that we'd have marked
units behind this homicide suspect fleeing from us. It'd be more recognizable
to the community and also the fact that there would be no doubt in his mind
that it was the police chasing him.
Administrative Investigation 42005-08
Sergeant A Tokier Interview
Page 6
PSPD-003186
REYES- We both are gonna have the opportunity to review your statement in your
written report. Do you have as well as that, a true and accurate account as
far as the actions as they occurred and how you recall them?
TOKIER: Yes.
REYES: I personally see no need to go into specific details of all the pursuit; he
indicates it's true and accurate.
BOOTH: I don't either.
REYES: Uh...
BOOTH: There's one quick question that I have: during the pursuit, I know we've
talked to other people involved and we talk about road and weather
conditions... as you're pulling out Gene Autry? And at any point did you feel
that the road or weather condition were substantially dangerous and
anticipate that maybe it would be a better move to stop this pursuit because
of those conditions?
TOKIER: No I did not. I would have stopped this pursuit if I would have felt that that
was the case. Although this was in my opinion a very dangerous pursuit, and
there was a substantial risk during the entire thing to some extent because
of the nature of the suspect that we were chasing. - The visibility did get
reduced up northbound Gene Autry and there were some significant wind,
but it wasn't visibility to the point where we couldn't safely conduct ourselves.
BOOTH: At some point during this radio... during this pursuit, we switched into a
patch mode, where we have several other agencies hook into this.. at any
point did the quality of the radio transmissions or communications decrease
because of that patch?
TOKIER- Yes they did. It's been my experience, in this incident as well, that that does
not function absolutely perfect. It seems to work in the test mode, but when
it comes to real -life incidences it seems to fail for some reason. I'm not sure,
technically what's occurring that, but we still were able to communicate to
some extent... albeit not as good as I would have liked to have had it.
Administrative Investigation #2005-08
Sergeant A Tokier Interview
Page 7
PSPD-003187
BOOTH: At any point during this pursuit did the quality of the radio transmissions and
other factors make you think that maybe it's time to call this pursuit off? Or
was it still the way that... the chance of letting that of murder suspect go
outweigh the quality of radio and the weather?
TOKIER: No, I felt that we had adequate communication all the way to the termination
point of the pursuit. The quality was lacking at sometimes because we had
several allied agencies coming on and it's my understanding that the primary
agency that starts the pursuit and has the patch, pretty much calls it and
coordinates it... until they relinquish it. And just prior to the termination of this
pursuit, there was only... I believe the Cathedral City unit, one SO unit that
picked it up somewhere south of... or actually west of SR-1 11, and
Officer Galvan and myself, trailed by several Gang Task Force officers. So
there really was only the four marked units at that time. When we got to
Main Street, several other Riverside County Sheriff's units joined it.
BOOTH: Before we get to that part, we're not gonna go through all the crashes and
stuff like that, but a component of the pursuit policy says normally, three
units should be involved in this; two units and a supervisor. And of course,
the word 'normally'says this is a guy who's maybe 22350 and on and on and
on. However, you elected to have several more than the three units involved
in this pursuit. Can you tell us why?
TOKIER: Well, I... during the pursuit, in the area of Vista Chino and Farrell, two of the
officers engaged in this pursuit identified the suspect putting on heavy body
armor and that really was a significant red flag for me in knowing that we
were gonna deal with a very hardened criminal here. We had a homicide
suspect that we believed was in the vehicle, now he's donning body armor
and he's suspected of being armed and dangerous, so at that point, you
know, I decided we needed some more help.
BOOTH: Thank you. Um, did you ask for... at any time prior to the collision that the
suspect got into, did you request for any other Palm Springs units to
Administrative Investigation #2005-08
Sergeant A Tokier Interview
Page 8
PSPD-003188
respond, and/or did you ask... did you tell them that we had enough units and
go ahead and stay in the city? If you remember.
TOKIER: In which collision are you referring to?
BOOTH: The final collision where he crashed into the U-Haul and stops.
TOKIER: Okay. Yeah, I basically... once we turned westbound 1-10 from Gene Autry
I cancelled any other further incoming Palm Springs units. Myself and
Officer Galvan were the only Palm Springs units in that pursuit at the time
and I believe Officer Merrit Chassie, which I later learned from her, she was
trailing the pursuit and then cancelled her response at that time. As we
headed toward SR-111 and 1-10, 1 asked for an officer to stage in the area
of 111 in the event that he turned southbound 111 and came back into the
city, and Officer Goya handled that assignment. But basically throughout the
duration of the pursuit, it's my knowledge that it was Officer Galvan and
myself.
BOOTH: At the conclusion of the pursuit... I'm getting a little bit ahead of this, but at
the conclusion of the pursuit... and I'm not talking about administration
responding... did you see any other police officers from Palm Springs Police
Department there, other than Galvan and yourself?
TOKIER- Yes.
BOOTH: Were these people... and I think we've been told that Rode played a part of
blocking traffic so that nobody else could come up on the backside of you.
TOKIER- Yes.
BOOTH: Other than Rode, yourself and Galvan, who else was there and did you know
that they were there?
TOKIER Yeah. I knew that Sergeant Jim Seablom was responding from the station.
It was my understanding he wasn't actively involved in the pursuit, but that
he was headed that direction in the event that I ran out of fuel and I was
thinking, you know, okay, I'll hand the pursuit off to him or I'll relinquish it to
another agency if it keeps going westbound. But Sergeant Seablom came
Administrative Investigation #2005-08
Sergeant A Tokier Interview
Page 9
PSPD-003189
that way; Officer Rode I believe came up to the freeway to relieve me as I
was running low on fuel and I told him, I said hey, pick me up if I run out; and
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last... um, at all times when this pursuit's going on, and I'm guessing that
ninety percent of your observations are what's in front of you... do you and
Officer Galvan have your red lights and siren going at all times during this
pursuit?
iOOTH: And the driving of the suspect ... and the weather conditions and the radiM
it was still overweighed by the fact that we just needed to catch this guy
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balance of the pursuit route was not a problem as far as visibility and
weather. Certainly there was traffic that had to be negotiated and... yeah, a
187 suspect... yeah, it definitely did outweigh the fact that there was a little
sand on Gene Autry.
100TH: Let's talk about the end of this pursuit... the way it ends. It's relativeCZ
uneventful, if I recall listening to the tape, from the time you get on
Indian Avenue 'til around the casino. I mean, it's like .. it's a high speed
pursuit, but it's just going fast, straight, and not a lot happens. At some
point, a lot happens. There;'s an officer that calls out an 11 -99 and there's
allegedly a shot being fired at the police officers. Can you pick it up at that
point and then kind of walk with us on how it stops and what happens? And
if I get... if you start to be too narrative and I can't figure out what you're
Administrative Investigation #2005-08
Sergeant A Tokier Interview
Page 10
PSPD-003190
doing I'm gonna stop you, but if you can tell us about the point where it starts
to get really action -packed again.
TOKIER- Like I said, we were westbound 1-10 at a high rate of speed. I had requestEl
a K-9 to assist and respond, but as we got further west of the city, I had the
K-9 just hold at the city limits 'cause they woulda never caught it; it was too
high speed. I requested air cover early in the pursuit and they were en route
from Thermal, About that time I was asking for an updated ETA on air cover,
due to the high risk of the suspect we were chasing, We were westbound
1-10, changing lanes pretty frequently, getting around traffic, following this
guy and just prior, I believe, to the new casino buildIing... that high-rise casino
building, I believe we're in the number one, number two lane... one of the
officers puts out shots fired. I'm in the number four position I believe, at that
time; Galvan's in number three. Mackie is in the number one, a little bit to
the left, and I believe an SO unit is to the right. So those are the marked
units that are in this pursuit at the time, trailed by some Task Force officers.
just the radio traffic?
the first unit, which was Officer Mackie on the left, swerve to the left, shortly
thereafter, which was not when the glass broke. It was shortly thereafter,
which to me indicated a second shot was possibly fired. And Officer Mackie
almost collided with the K-rail, which is the center divider... the concrete
center divider, and the SO unit was to the right, I believe in the number two
lane. He swerved to the right, which caused Officer Galvan in the number
three lane to swerve into the number two lane to avoid that vehicle. And I
was far enough back where I just decelerated rapidly and I was able to avoid
the cars who were basically taking evasive action to avoid the gunfire from
the suspect.
Administrative Investigation #2005-08
Sergeant A Tokler Interview
Page 11
PSPD-003191
BOOTH: As you remember it today, and you're in this pursuit... number four in the
pursuit, so you're back a pretty... not a substantial distance, but you're back
pretty far... there's three cars ahead of you... and you see that... you hear the
transmission and you see that windshield... the rear window explode... Is the
Mass coming from within the vehicle outward? Or is it coming from outward
into the vehicle?
TOKIER: There's no question in my mind it was coming outward from the suspect.
BOOTH: So a projectile has come from the inside of the vehicle and it has gone
outside. Not the other way around.
TOKIER: No question. No question in my mind.
BOOTH: Okay. What happens next? After that, and the officer calls in the 11-99,
shots fired?
TOKIER: At that point, you know, I saw that we almost had a collision involving the two
lead units, which were basically almost parallel, and then Officer Galvan was
centered in the three and I was in the four. And I saw the two front units take
evasive action, which almost caused them to crash. I got on the radio and
I told 'em to take it easy up there and to, you know, basically settle down and
I updated the station that we had confirmed shots fired and that we were still
westbound and that all of our vehicles were still in the pursuit on the road.
BOOTH: Did this little event here heighten your thinking abilities now that, not only has
he donned a bullet• -proof vest, not only is he suspected of being a murdered,
and driving erratically, but now he's actually going to get into a gun baffle
with the police?
TOKIER: No question in my mind now what the suspect was gonna do.
BOOTH: As you continue on, what's the next thing that you observe?
TOKIER: The next thing I observe is I believe just that westbound 1-10 at Main Street,
there was two Sheriff's units to the north side of the freeway, parked just past
the Main Street off -ramp, and I saw I believe two to three... or four Sheriff's
deputies with their weapons drawn as I passed them
Administrative Investigation #2005-08
Sergeant A Tokier Interview
Page 12
PSPD-003192
BOOTH: These are marked black -and -white Sheriff's units?
TOKIER: Marked black -and -whites. There was two of them on the: side of the road,
and I believe two more that jumped into the pursuit at that time, that were
staged, ready to jump into the pursuit. So right as we passed, I believe
Main Street, the two that were on the right shoulder jumped in behind us and
the two that were staged jumped in behind us. And that's when we got
several more Sheriff's units in the pursuits. But they hadn't caught up to us
yet, 'cause we blasted by at about ninety miles an hour and my thinking was
I was gonna wait for them to get up front and then I was gonna, you know,
hand the pursuit over to the Riverside Sheriffs Department.
BOOTH: Okay. Um... what happens next?
TOKIER: I had earlier requested that California Highway Patrol attempt to put a spike
strip somewhere in the area of westbound 10. It was my understanding, as
I recall from the radio traffic, that they were gonna try to spike the suspect
vehicle in the area of Hargrave, which is in the Banning area. And I'm not
sure if they were able to spike him prior to that, and that's what caused the
suspect to decelerate, rear -end the U-Haul and then collide with the K-rail
and then come to rest just short of the weigh station. I'm not sure what
caused that, in all honesty. But I do know that for some reason, and it's
possibly a spike strip, that the suspect decelerated, rear -ended a U-Haul
truck, collided into the t-rail - center median, and then came to rest several
hundred feet west of that location in a northwesterly direction in a about the
number three or number four lane.
BOOTH: Okay. Sometime in this time frame... maybe it could be a little bit before, a
little bit after.... do you recall hearing a radio transmission from
Sergeant Seablom, asking you, or asking someone, if we should discontinue
this pursuit?
TOKIER: Um ... yeah. There was some discussion I think he and I had on the radio,
um, basically deciding whether or not PSPD units were gonna stay with the
Administrative Investigation #2005-08
Sergeant A Tokier Interview
Page 13
PSPD-003193
pursuit. And it's my recollection that he and I both decided and thought it
would be wise if we stayed with it, due to the high risk nature of the subject.
1100TH: Was that radio traffic captured on our normal channel or was it.. did yol
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median portion of the freeway in the emergency lane right next to the
median. Officer Mackie is I believe pretty close there... followed by a
unmarked Explorer -type SUV vehicle that I believe belonged to one of the
Task Force officers. Then there was I believe an SO unit, and then my car...
MEMIMMS Z all I- I a -
or two more SO units. And that's the way the pursuit basically came to end,
BOOTH: Okay. Now, dissecting this, what you just told us, very slowly.. asE
understand it correctly, prior to that, there's Mackie, there's a Sheriffs unit,
there's Galvan and then there's you. So I'm assuming that the Sheriff's unit
and Mackie... the Sheriff's unit could be that K-9, I'm not sure. But the two
of you are the first... the two of them are the first two to come to a stop
behind the bad guy. It would seem at some point now that you and Galvan
should be coming up pretty rapidly after that. Do you recall how the stopping
of the police cars came and where you were and where the numbers were
in this?
Administrative Investigation #2005-08
Sergeant A Tokier Interview
Page 14
PSPD-003194
TOKIER: Not really.
BOOTH: Let me tell you the reason I'm asking you this, is somehow or another you
get ahead of GaIvan. You pull up ahead of him. And we're wondering...
nobody can figure out why that happened or how that happened. Was it just
that you didn't put on your brakes hard enough or did you go past him or how
did that work?
TOKIER: I honestly don't know.
BOOTH: Okay. Urn... there's semi -circle of police cars a couple of hundred feet
behind the bad guy's car. He'scrashed. Um... at some point, do you hear
shots being fired?
TOKIER: Yes.
BOOTH: Do you know where those shots are coming from?
TOKIER: Initially, my first response was that the suspect was shooting at the police,
at us. I did see him up, in an upright position, looking back toward us, and
I did see his weapon in his hand. And my first inclination was, you know, get
ready to take fire, 'cause he's gonna shoot it out with us. And then...
BOOTH: Before you go on any further, what direction was the weapon pointing when
you saw it in his hand? And I'm guessing he's sitting in the driver's seat of
the car?
TOKIER: Yes.
BOOTH: What direction is the weapon pointed?
TOKIER: Back toward the officers.
BOOTH: At that point, where are you?
TOKIER: I'm seated in my car, just coming to a stop.
BOOTH: Okay. And where is Officer Galvan?
TOKIER: He's to the right of my vehicle, about ten or fifteen feet.
BOOTH: And is he coming to a stop too? Or is he getting out of his car or... do you
know?
TOKIER: I wasn't looking at him at the time.
Administrative Investigation #2005-08
Sergeant A Tokier Interview
Page 15
PSPD-003195
BOOTH: Okay. So there's no doubt in your mind as you're looking at this car stopped
ahead of you... um, that he's sitting in the driver's seat and you can see...
you have an unobscured view of him and he has a gun in his hand.
TOKIER: I... L. to me, I actually thought he was firing at us. In my mind's eye, it
looked to me like he discharged the weapon towards us at that time.
BOOTH: Okay.
TOKIER: That was my perception of the event and that's what I saw,.
BOOTH: Your car comes to a stop and you, I'm guessing open the door and exit your
vehicle. What is the next thing that you do?
TOKIER: I had already taken the shotgun and loaded one into the chamber,
anticipating a gun battle with the suspect at the termination point of this
pursuit, based on his previous actions. I had the safety on. As my vehicle
came to a stop, there was gunfire already in progress from several of the
officers and I came out of the vehicle ready to fire on the suspect as well,
since he had a weapon pointed in our direction. And as I came up to get on
target with the suspect, I saw him go down in his seat.
BOOTH: You make a statement just as this is all coming to a close... just as you're
coming to a stop. Something along the lines of, station, I think we're gonna
get into an officer involved shooting, or a gun battle or something like that...
BOOTH: ...and no conversation was held while we were switching the tape. I'm gonna
repeat my question, in case it didn't come on the tape. I can't remember
what it was...
REYES: As the pursuit was coming to an end... you made a statement indicating that
there was a potential shooting about to occur. What did you base your
opinion on to make that type of statement? What observations or what
information caused you to make that statement?
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TOKIER: My statement was made because of the suspect's previous actions during
this, you know, twenty mile or so pursuit. He put on body armor, he's a
wanted homicide suspect and that I have knowledge that he is; he's fired on
us once for sure, and possibly a second time. Now he's pointing a weapon
out the rear of the vehicle toward us. There's a good likelihood it's gonna
engage in a gun battle. That was my frame of mind.
REYES: Okay., Now you made that statement. Can you... if you can recall, at what
point you made that statement? Did you make that statement while rolling?
Prior to the end of this pursuit? Or while you're sifting in the car and this gun
is being pointed at officers... did you make the statement at that time?
TOKIER: No, I made it —probably in between the time where he connected.. collided
in the K-rail and was coming to a stop. Just about where his vehicle stopped
rolling. When I came to a stop.
REYES: Okay. So before he even pointed a gun at the officers, you made that
statement.
TOKIER: Well, it was... you know, split second timing. It was... I got on the radio just
prior to the vehicle stopping, you know, its forward momentum. So probably
the minute I finished my transmission, that's when I saw the threat and saw
him pointing the weapon back toward us. And it was instantaneous. And at
that point I didn't want to get tied up on the radio.
REYES: Okay. When you got out of your car, did you come out with a shotgun in
your hand or did you have your... your on duty pistol in your hand?
TOKIER: My shotgun.
REYES: So you primarily went to the shotgun.
TOKIER: Yes.
REYES- Now, when you got out of your car... actually, before you even get out of your
car... when you sit in your car, do you hear shots already being fired from the
officers in your area?
TOKIER- Yes.
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REYES: Now when you get out of your car, you state you were on point, about to fire
down range when you observed the suspect go down in the car. In your
opinion observing that, what did you interpret that as?
TOKIER: Well, one of two things. Either the suspect was hit by gunfire and his threat
was terminated, or he was further barricading himself to a lower position, to
avoid the gunfire. One of the two.
REYES: When you observed him lay down across... or go down, as you state... does
officer gunfire continue at that point towards that car?
TOKIER: For a short time, yes.
REYES: Did you fire at all?
TOKIER: No,
REYES: Were you still up on point? With your shotgun facing the suspect vehicle?
TOKIER: I had my weapon, I believe, at a port arms or in a upright position at that
point. Numerous officers had coverage of the vehicle.
REYES: Did the suspect sit up or present himself in any manner prior to the order of
cease fire being given?
TOKIER: No. Other than the fact, when he initially did it, when the gun battle started.
But afterwards, no, he did not.
REYES: Okay. So by the time he goes down across the seat there, and gunfire's
continuing toward the suspect vehicle, how long would you estimate, time -
frame -wise, that the order of cease fire was given?
TOKIER: Five seconds maybe? Ten seconds at max.
REYES: Did you give that order to cease fire?
TOKIER: Yes I did.
REYES: In what manner?
TOKIER: I first verbally did it. I recall yelling three times as loud as I could, cease fire,
cease fire. And vocally turn to my right and my left, so that the officers could
try to hear me. But due to the chaotic nature and loud reports of the
weapons being fired, I didn't believe that every officer heard me, as I still
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heard gunfire, so I got on the radio, which I knew was patched to all the allied
agencies in the pursuit, and yelled into the radio as well to cease fire, hold
your fire. And at that point the officers did.
REYES: Now, you state that you looked to your left and your right as you're giving the
order of cease fire. You looked to your right and Officer Galvan was to your
right, is that correct?
TOKIER: Yes.
REYES: Did you observe him cease fire?
TOKIER: Yes.
REYES: What did you observe him do when you gave that order?
TOKIER: He stopped firing his weapon.
REYES: Did you see him look in your direction at all?
TOKIER- No, I didn't... I didn't lock eyes with him at all. I was pretty much trying to
control numerous officers at the front line of that pursuit, and I wanted them
all to verbally know that I was giving an order to stop firing at that point.
REYES: Did... would it be in your opinion that Officer Galvan complied with your order
of cease fire in a timely manner?
TOKIER: Yes he did.
REYES- Did you observe him reload?
TOKIER: No I did not.
REYES: What was your actions after you gave the order to cease fire? Did the actual
firing stop?
TOKIER: Yes.
REYES.- What took place next?
TOKIER: I believe the Sheriff's deputy was yelling that he... he's yelling "SEU Officer,"
something to that effect. They were special enforcement officers. Basically
I told him... we kind of bumped into each other and I said get an arrest team
together on the left side of where all the vehicle stopped and hold there. And
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at that point he and four other officers, including I believe the K-9 officers,
staged an arrest team on the left side of the police vehicles.
REYES, At that time is the suspect still in the car?
TOKIER: Yes.
REYES: Can you describe what observation you see the suspect doing? Did he sit
up at any given point? What do you see him doing? His actions?
TOKIER: Um... I saw a dark colored pistol of some sort come flying out the driver's
11 4 e 1_t I 1 57 aria ana ne palemeni approximaTery-Tive Te
from the drivers door. And as I recall, the suspect threw his body armor o
th
the door and then stepped out. Was somewhat non -compliant to le
0 th-
officers'verbal orders. The officers in the arrest team were giving him orde
to get down and he just kind of nonchalantly exited the vehicle, looke
around at us and after about five seconds, finally got proned and our arre
team moved up with a K-9 and secured him.
REYES: Where were you positioned while all this is taking place?
TOKIER: Driver's door of my vehicle.
REYES: Clear view? No obstruction?
TOKIER- No obstruction.
REYES: Do you recall if Galvan was part of the arrest team?
TOKIER: He was not.
REYES: Do you recall where he was positioned in this time frame?
TOKIER: I believe he was still next to his driver's door, where he was the whole entire
time.
REYES- At what point... actually let me back track. Did you have any physical or
verbal contact with the suspect at all?
TOKIER: I didn't have any physical contact with him, other than being in close
proximity to him at one point, when he was escorted from his vehicle to the
Riverside Country Sheriff's unit that was near me, probably five feet, ten feet
away.
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REYES: Did you overhear him make any statements?
TOKIER: Yes.
REYES: Do you recall what you heard him say?
TOKIER: Something to the effect that... um... I can't say exactly, but something, in
summary, to the effect that it looks like you motherfuckers need some Range
training or some Range practice. Something to that effect.
REYES: Did anybody say anything to provoke him to respond in such a cocky
manner?
TOKIER: No. The demeanor of the officers at the termination of this event was very
professional, very disciplined.
BOOTH: Did you or Officer Galvan, either one of you, respond back to that comment?
TOKIER: No.
BOOTH: I have a couple of quick... can I interrupt?
REYE& Sure.
BOOTH: What was the backdrop of this shooting? In other words, if a bullet would not
have hit the car, would have traveled on, what would it have hit?
TOKIER: It's gonna all depend on exactly where you were in the front portion of the
pursuit, where each shooter's position was, but... as I said earlier, the vehicle
came to rest in a northwesterly direction, kind of traversing the freeway at an
angle, so... excuse me...
BOOTH: My biggest concern is where Officer Galvan's bullets are gonna go.
TOKIER: Um... to me it looked like they would be going down the freeway and
somewhat to the right, north side, desert area of the freeway. At that point,
it looks like the freeway, as I recall, kind of curves a little bit to the left, which
basically, if he was shooting straight down the freeway or a little bit to the
right where the suspect's vehicle terminated, most of the rounds, if not all of
them, would go into the desert area to the north side of the freeway.
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BOOTH: Were there any vehicles up ahead of you guys? In other words, west of you,
that could have been in the path of these... these rounds that were going
down range?
TOKIER: Yes.
BOOTH: Any of them that Officer Galvan's bullets could have hit? Or was his far
enough to the right that it would have gone into the desert?
TOKIER: It looked to me like he probably, depending on the angle of where he was
shooting, would have been okay. From my perspective, to the suspect's
vehicle, I had a clear shot and no back -drop issues at all. Now, I didn't go
stand in his position and look to see where that U-Haul vehicle parked west
of the termination of the pursuit, and I didn't get a line on that. So I really
couldn't answer you, Sarge.
BOOTH: I understand. Urn... I want to get... more clear in my mind... when you are
pulling up and you see the man in the car, and he's turning around and he
has a gun in his hand... and I realize we're talking about portions of a second
here, but I want to know, urn... when it was that Officer Galvan started to
fire? I want to make sure it was during a time when the man posed a threat
to us. To you. And the rest of the citizens in there. Is... would you say that
at your point today, after you've had all this time to think about it, review your
reports, listen to the audio tape, maybe or maybe not, that when
Officer Galvan exchanged gunfire with this guy, or he shot at this car and this
guy, that there was a viable threat to him or to the citizens?
REYES: And that's if you personally know at what point Galvan started shooting.
TOKIER: I don't know exactly when he started shooting, but I can tell you that when I
exited my car, the suspect was in the upright position and Officer Galvan was
to the right of me, I do know that. Because I saw it after the smoke had
cleared. But at the termination of that pursuit, my immediate focus was on
the immediate threat, and that's where my focus is at. And I didn't see
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Galvan start firing, but after we had secured the suspect, I did realize that he
had fired his weapon.
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one to shoot? Or Galvan continued shooting after all the other officers
TOKIER: I don't... it's my recollection that Galvan was not the first shooter. It's my
recollection that the first shooters were to the left of me, not to the right•
me, which is where Galvan was at. And if those shooters were active
engaged with the suspect, as I came to a stop, and Galvan was to the rig
of me, so he would not have been the first shooter. And as far as being th
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last shooter, they pretty much all stopped simultaneously when I gave th
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cease fire order over the radio. So I would say he stopped at the appropriat
time.
BOOTH: So if I understand this correctly, he crashes, comes to a stop. You see him,
he's looking back at you. He has a gun in his hand and is pointed towar
you. You are... obviously trying to put the car in park, you're trying to g
your shotgun out, which is not an easy task when you're in a hurry, and g
into the doorwal, of prour car to aim down ran�*�e and emcajwe him. A'
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point, Officer Galvan comesinto your right and gets out of his car, in the do
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yet you arrived at the scene before him, I mean, was it just because he's a
what was the... what was the scenario around that?
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TOKIER- Well, my thinking and in my mind's eye, what was occurring is I was
preparing to fire on the suspect. My role there was a little different than that
of Officer Galvan. And as I exited my vehicle, there were several officers
already engaging the suspect in gunfire and within seconds, the threat that
presented itself immediately upon my arrival, now was taken away. And so
in my mind's eye, I held my fire. And that's really what I did. You know, I
can't give you an exact time frame because things were rapidly progressing,
but certainly when I arrived, I was gonna shoot at the suspect, there's no
doubt in my mind. But as I got out of the vehicle and saw numerous officers
engaging the suspect, my role transitioned just to my supervisory role,
basically.
BOOTH: So you don't know for sure.. and I'm realizing that we're playing this 20-20
hindsight; we're now a week later and we're sifting in the comfort of our
police station and we're trying to dissect nanoseconds that you've got a
decision to make. I guess what my real big question is here is at some point,
you being a supervisor, did you everthink to yourself, why is Galvan shooting
at this car, or was your thought, I see him with a gun, I know all this history...
I can see him looking back at us and pointing the gun at us; Officer Galvan
was appropriate in what he was doing.
TOKIER: I concur with that statement. 1, at the time of the incident, didn't have a
problem with Officer Galvan's action, nor do I now. I felt that his response
was adequate, based on the threat that we were presented with.
BOOTH: And when you said stop firing, Officer Galvan stopped firing? And he acted
appropriate when the bad guy was walked past him and conducted himself
in a manner that is becoming to a police officer of Palm Springs?
TOKIER: Absolutely.
BOOTH: Any other officers that were there strike you as being... their conduct or
actions that were not... quite right, or inappropriate?
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TOKIER: No indications at all. Everybody that was on scene there in my observation
that I observed, and I was there for a significant amount of time, conducted
theirself (sic) admirably.
BOOTH: Anything else?
REYES: Just real minor. After the shooting takes place, I was tasked to stay at the
scene and I observed your shotgun back in its rack, as well as your patrol
(garbled) in a locked position. At what point did you or anybody else place
your shotgun back in the car?
TOKIER: After the suspect was secured and the vehicle was cleared, and the scene
was locked down, I basically... because the shotgun is a very volatile
weapon, I didn't want it laying across my seat in a chambered position... I
downloaded it and I re -racked the shotgun. I did that.
REYES: Did you eject any rounds, live or expended rounds, onto the pavement?
TOKIER: No I did not. I don't believe I did.
REYES: Did you pull your patrol rack or any other weapon out during this event?
TOKIER: No.
REYES: After the shooting, did you have any verbal contact with Officer Galvan, as
far as whether you guys... asking each other whether you guys shot, had
shot at the suspect?
TOKIER: I did ask Officer Galvan immediately after the suspect was secured. Hooked
at the floor below his feet and saw ten to twelve shell casings in the door wall
in the driver's side of his vehicle. And I asked him, are you a shooter and he
sail yes. And that was the extent of our conversation.
BOOTH., I have nothing else. It's now 3:45pm on same day, 6/23/05. We're gonna
turn the tapes off.
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