HomeMy WebLinkAboutB16 R192200009 Dickey Int PSPD Off BurtonDATE PREPARED: 09/09/2019
INCIDENT REPORT
RIVERSIDE COUNTY SHERIFF CA0330000 0 INITIAL El SUPPLEMENTAL
1. FILE NUMBER
R 19 220 0009
2 DATE/TIME REPORTED 3. DATE/TIME ASSIGNED 4. DATETIME INV. START 5. DATE/TIME INV. TERM 6. ADULT ARR 7. JUV ARR
8. OFFENSES - CODE SECTION CRIME COUNTS
A.O.D. Assist Other Department - P.S.P.D. 01
9 EDP CODE
25A2-N
10. OFFENSES - CODE SECTION (Add or Change to) CR.LME COUNTS
0.I. S. Officer Involved Shooting - Injury 01
11. EDP CODE
13C8-N
12. OFFENSES - CODE SECTION (Add or Change to) CRLME COUNTS
243(d) PC Battery Against a Peace Officer 01
13. EDP CODE
13C4-F
14. LOCATION OF OCCURRENCE
S. Palm Canyon X Camino Parocelo. Palm Springs
15. REP. DLST. 16. OCCURRED ON- DATETIME
8/8/19 1618
17. OR BETWEEN DATETLME
18. BUSINESS NAME
None
19. BUSINESS PHONE 20. CASE STATUS/ CLEARANCE
Arrest
21. WAS THIS INCIDENT RELATED TO MARIJUANA? X YES q NO (If yes, briefly include in narrative or additional details how it was related)
22. BWC VIDEO (CAPTURED BY YOU OR ANY OTHER DEPARTMENT MEMBER) q YES x NO
VICTIM - REPORTING PARTY - WITNESS - OTHERS: SEE ADDITIONAL PERSONS REPORT
23. INVL
V1
24. NAME (Last. First. Middle)
P.S.P.D. Officer Entiquez # 16143
25. SEX 26. RACE 27. DOB 28. AGE 29. HT 30. WT 31. HAIR 32. EYES 33. SKIN
34. RESIDENCE ADDRESS
N/O
CITY ZIP r 35. EMAIL ADDRESS 36. RES. PHONE
N/O
37. BUSINESS ADDRESS
200 S. Civic Drive
CITY ZIP
Palm Springs, CA 92262
38. EMAIL ADDRESS 39. BUS. PHONE
760 327 1441
40. INVL
V2
41. NAME (Last. First. Middle)
P.S.P.D. Officer Burton # 15918
42. SEX 43. RACE 44. DOB 45. AGE 46. HT 47. AT 48. HAIR 49. EYES 50. SKIN
51. RESIDENCE ADDRESS
N/O
CITY ZIP 52. EMAIL ADDRESS 53. RES. PHONE
N/O
54. BUSINESS ADDRESS
200 S. Civic Drive
CITY ZIP
Palm Springs, CA 92262
55. EMAIL ADDRESS 56. BUS. PHONE
760 327 1441
SUSPECT: El ADULT 0 JUVENILE 0 PAROLE 0 PROBATION 13 SEE ADDITIONAL PERSONS REPORT ARRESTED
57. SUS#
Si
58. NAME (Last. First. Middle)
Weintraub. Kevyn Matthew (PB)
59. SEX
M
60. RACE
W
61. DOB
03/01/1976
62. AGE
43
63. HT
511
64. WT
208
65. HAIR
Bro
66. EYES
Bro
67. SKIN
68. DRIVER'S LICENSE NUMBER i ID NUMBER
IN 'E.SSIIII.N.1
vEsiLic NOLi
69. STATE
70. SOCIAL SECURITY NUMBER
71. \4j NUMBER 72. CII NUMBER
FBI il
73. RESIDENCE ADDRESS CITY ZIP
74. EMAIL ADDRESS 75. RES. PHONE
76. BUSINESS ADDRESS CITY ZIP
None
77. EMAIL ADDRESS
_
78. BUS. PHONE
None
79. JUVENILE DISPOSITION I I OTHER JURIS. 1 IJUV. CRT. PROB. LI WITHIN DEPT. DETAINED I 1 NOT DETAINED
80. GANG DATA
GANG NAME(S):
It. TATTOOS/SCARS/MARKS/CLOTHING DESCRIPTION
-Interview with P.S.P.D. Officer Burton on 8/8/2019
4204-1315 ii Prior Knowledge iii Member • Associate 0 Self-Admit
TATTOOS / SCARS / MARKS
Face Neck I R. Arm ■ L. Arm IIII Hands I• Torso • Back WI Legs
VEHICLE: REFER TO CHP 180 FORM FOR STOLEN, RECOVERED, TOWED OR IMPOUNDED
82. INVL. 83. LICENSE 84. STATE 85. YEAR 86. MAKE 87. MODEL 88. BODY STYLE 89. S1L. RIO AUTO VALUE
Code: $
90. COLOR/COLOR 91. VIN 8 92. OTHER IDENTIFIERS 93. DISPOSITION OF VEHICLE
94. REGISTERED OWNER 95. ADDRESS CITY STATE ZIP 96. PHONE
CI PROPERTY REPORT ATTACHED FOR STOLEN, RECOVERED OR DAMAGED PROPERTY
97. DAMAGED PROPERTY VALUE
REPORTLNG OFFICER
Dickey # 4204
OFFICER I.D. REVIEW ',DATE ci./h
) il-Li QAA ti- -'?Ct5
ENTERED BYIDATE ENTERED BY:DATE
COPIES TO: APR SENT: APR 'A, CELLED: D0J-NCIC ENTERED: DOI-NCR' CANCELLED
Riverside County Sheriff-Incident Report Form A 435 (Revised 08-19-2019)
ALE NUMBER
R 19 220 0009 CONTINUATION PAGE Page Number: Z_
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LAW ENFORCEMENT OTHERS:
Sergeant Thurm # 2805 RSO/CHU 951 955 2777
Investigator Trudeau # 3147 RSO/CHU 951 955 2777
Investigator Harvey # 1701 RSO/CHU 951 955 2777
Investigator Stoyer # 2758 RSO/CHU 951 955 2777
Investigator Paz # 3327 RSO/CHU 951 955 2777
Investigator Sandoval # 3655 RSO/CHU 951 955 2777
Investigator Munoz # 3137 RSO/CHU 951 955 2777
Deputy District Attorney R. Hightower District Attorney's Office 760 863 8216
District Attorney Investigator S. Paixao District Attorney's Office 760 863 8216
PORAC Attorney Kasey Castillo Castillo/Harper Law Firm 909 466 5600
ASSOCIATED CASE NUMBERS:
Palm Springs Police Department # 1908P-1476
EVIDENCE:
ITEM DESCRIPTION
JD01 CD-ROM disc containing audio of interview with Officer Burton on 8/8/19
(barcode 2176045)
JDO2 CD-ROM digital transcript and paper copy of interview with Officer Enriquez on 8/10/19.
(barcode 2186037)
ATTACHMENTS:
ITEM
A
B
QUANTITY
2 pages
35 pages
DESCRIPTION
Evidence print outs
Copy of transcript
DETAILS:
On 8/8/19, at 2144 hours, I (Investigator Dickey # 4204) and Investigator Harvey conducted follow up
investigation on the above case. We interviewed Officer Burton in the Chief's conference room at the Palm
Springs Police Department. Present during the interview was myself, Officer Burton, Investigator Harvey,
District Attorney Investigator Paixo, Deputy District Attorney Hightower, and Officer Burton's Attorney Kasey
Castillo.
0 Riverside County Sheriff-Form C 442 Continuation Page (Revised 11-15-2016)
FILE NUMBER
R 19 220 0009 CONTINUATION PAGE Page Number: 3
1 I explained to Officer Burton that I was conducting an investigation into the officer involved shooting that
2 occurred on 8/8/19 at 1630 hours on S. Palm Canyon Drive just north of Camino Parocelo. I also explained
3 that I was conducting a criminal investigation into Kevyn Weintraub's actions during the same incident.
4 Officer Burton stated that hhe understood this and after consultation with his attorney, was willing to provide
5 me with a voluntary statement.
6
7 For the entire account of Officer Burton's statement, see the transcript attached to this report as attachment
8 "B"
9
10
11 CASE STATUS: Arrest
Riverside County Sheriff-Form C 442 Continuation Page (Revised 11-15-2016)
R 19 220 0009
ATTACHMENT # A (2 pages)
Evidence print outs.
R 19 220 0009
ATTACHMENT # as pa
Transcript
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page I
1 INTERVIEWER:
3 DATE/TIME:
4 INTERVIEW WITH:
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8 FILE NUMBER:
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21 3147.
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37 INVESTIGATOR DICKEY: Thank you for that, sir. The file number for today -- the
38 Riverside County Sheriffs Department file number is Rob -- R, as in Robert, 19-220-0009. The
39 Palm Springs Police Department file number is 1908-P, as in Paul, 1476.
40
41
42
(short pause)
(heavy static)
INVESTIGATOR JAMES DICKEY
INVESTIGATOR JASON TRUDEAU
08/08/2019 2144 HOURS
OFFICER JEFFREY BURTON
DDA ROB HIGHTOWER
DA INVESTIGATOR STEVE PAIXAO
ATTORNEY KASEY CASTILLO
R 19 220 0009
INVESTIGATOR DICKEY: Today is August 8th, 2019, 2144 hours. I'm Investigator
Dickey, D-i-c-k-e-y, ID Number 4204 with the Riverside County Sheriffs Department Central
Homicide Unit. We're going to go ahead, and go around the room, and have everybody introduce
themselves starting -- seated to my right.
INVESTIGATOR TRUDEAU: Investigator Jason Trudeau with central homicide unit, ID
DA INVESTIGATOR PAXIO: Ahhh, Investigator Steve Paixao, P-a-i-x-a-o, Riverside
County District Attorney's office.
DDA ROB HIGHTOWER: Rob Hightower, H-i-g-h-t-o-w-e-r, Deputy District Attorney,
Riverside County DA's office. Thank you.
KASEY CASTILLO: Kasey Castillo with Castillo Harper. C-a-s-t-i-l-l-o, Kasey,
with a K.
INVESTIGATOR DICKEY: Sir.
OFFICER JEFFREY BURTON: Officer Jeffrey Burton, J-e-f-f-r-e-y, B-u-r-t -o-n, with the
Palm Springs Police Department. ID's 15918.
Officer Burton, this is a criminal investigation that me and Investigator Trudeau are
conducting into events that occurred earlier today on Palm Canyon. This is not an administrative
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 2
1 investigation. This is also a voluntary interview that we have asked if you were willing to provide
2 to us. It's my understanding that you have agreed to that.
3
4 OFFICER JEFFREY BURTON: Yes.
5
6 INVESTIGATOR DICKEY: Is that correct? Have you had a chance to consult your
7 attorney about -- prior to giving us a statement right now?
8
9
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11 INVESTIGATOR DICKEY: Okay. After that consultation, it's still your decision to
12 provide us with a voluntary interview?
13
14 OFFICER JEFFREY BURTON: Yes, it is.
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19 OFFICER JEFFREY BURTON:
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21 INVESTIGATOR DICKEY:
22
23 OFFICER JEFFREY BURTON:
24
25 INVESTIGATOR DICKEY:
26
27 OFFICER JEFFREY BURTON: My designator today and -- actually, every day -- is P, as
28 in Paul, 510.
29
30 INVESTIGATOR DICKEY: Okay. I'm going to go through real quick the items that
31 you were wearing today -- including your uniform and your gear. Let me go ahead and describe
32 this to you, and let me know if this is an accurate description, or correct me if -- if I misstate
33 something, okay. You were wearing a -- the authorized Palm Springs Police Department uniform
34 for patrol; is that correct?
35
36 OFFICER JEFFREY BURTON: Yes, a Class C uniform.
37
38 INVESTIGATOR DICKEY: Class C uniform? Today, that uniform, for you, was a
39 short -sleeved uniform?
40
41 OFFICER JEFFREY BURTON: Yes.
42
43 INVESTIGATOR DICKEY: Okay. And you were wearing pants, not shorts?
OFFICER JEFFREY BURTON: I have.
INVESTIGATOR DICKEY: Okay. We already have your -- you stated your name and
your badge number. What shift are you normally assigned to?
It's our -- our late-day shift which is 1100 to 2100 hours.
Okay. And what your normal days off?
My normal days off are Sunday, Mondays, and Tuesdays.
Okay. And what was your designator today?
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RilVERSIIIDE SHIER11FF'S DEPARTMENT/CIHIU-WEST Page 3
1
2 OFFICER JEFFREY BURTON: Correct.
3
4 INVESTIGATOR DICKEY: Okay. Are those, like, wool pants? Or cargo pants?
5
6 OFFICER JEFFREY BURTON: Cargo.
7
8 INVESTIGATOR DICKEY: Okay. Were you wearing black boots?
9
10 OFFICER JEFFREY BURTON: I was.
11
12 INVESTIGATOR DICKEY: On the top half, you had what appears to be -- basically, a
13 load-bearing vest --
14
15 OFFICER JEFFREY BURTON: Yes.
16
17 INVESTIGATOR DICKEY: -- that you wear for patrol?
18
19 OFFICER JEFFREY BURTON: Yes, it was.
20
21 INVESTIGATOR DICKEY: Okay. And underneath that on the short-sleeved shirt, you
22 have patches that say -- it appears they say, "Palm Springs Police Department."
23
24 OFFICER JEFFREY BURTON: Yes.
25
26 INVESTIGATOR DICKEY: Okay. And you had a metal badge on your RAID vest?
27 Or is that a cloth badge?
28
29 OFFICER JEFFREY BURTON: It's a metal badge.
30
31 INVESTIGATOR DICKEY: Okay. Hmmmm, does your badge say on it, Palm Springs
32 police officer?
33
34 OFFICER JEFFREY BURTON: It does.
35
36 INVESTIGATOR DICKEY: All right. Also on that same RAID vest -- or jacket you
37 were wearing, do you had a name plate or a name tag?
38
39 OFFICER JEFFREY BURTON: MS/ name tag, yeah.
40
41 INVESTIGATOR DICKEY: And does it state your -- your last name on it?
42
43 OFFICER JEFFREY BURTON: First initial and last name.
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTIVIENT/CHU-WEST Page 4
1
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3 appears that you had a firearm.
4
5 OFFICER JEFFREY BURTON: Yes.
6
INVESTIGATOR DICKEY: Okay. On your -- we'll start with your duty belt. It
7 INVESTIGATOR DICKEY: Correct? A holster? Do you have handcuff case --
8 handcuff cases out on your belt? Or is that on your RAID vest'?
9
10 OFFICER JEFFREY BURTON: On my vest.
11
12 INVESTIGATOR DICKEY: All right. Ahhh, what else do you have on your duty belt
13 besides the firearm and holster?
14
15 OFFICER JEFFREY BURTON: On my duty belt, I have, ahhh. just my sidearm and then 1
16 have a taser and tourniquet.
17
18 INVESTIGATOR DICKEY: Okay. On your RAID vest -- go ahead and describe for
19 me -- some of the equipment that you have on that.
20
21 OFFICER JEFFREY BURTON: On there -- I have my expandable RCV, two handcuffs,
22 my two extra magazines, my radio, and I think that's it.
23
24 INVESTIGATOR DICKEY: Do you carry pepper spray at all?
25
26 OFFICER JEFFREY BURTON: Oh, sorry, pepper spray.
27
28 INVESTIGATOR DICKEY: Okay.
29
30 OFFICER JEFFREY BURTON: And a flashlight.
31
32 INVESTIGATOR DICKEY: Those are on your RAID vest?
33
34 OFFICER JEFFREY BURTON: Yes.
35
36 (clearing throat)
37
38 INVESTIGATOR DICKEY: Okay. I noticed that you were wearing a black watch at
39 the time; correct?
40
41 OFFICER JEFFREY BURTON: Yes. I was.
42
43 INVESTIGATOR DICKEY: All right. Were you wearing a hat or sunglasses?
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RWERSODE SHERIFF'S DEPARTMENT/CHU-WEST Page 5
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OFFICER JEFFREY BURTON:
INVESTIGATOR DICKEY:
OFFICER JEFFREY BURTON:
INVESTIGATOR DICKEY:
OFFICER JEFFREY BURTON:
INVESTIGATOR DICKEY:
OFFICER JEFFREY BURTON:
INVESTIGATOR DICKEY:
I was wearing a hat and sunglasses, yes.
What did the hat say, if anything?
The hat said, "Palm Springs Police," on it.
Okay. And did you have any audio recorder on you at the
No, I did not.
All right. Did you have a body cam on you?
No.
Personal or department-owned?
OFFICER JEFFREY BURTON: No.
INVESTIGATOR DICKEY: All right. Ahhh, any dash cam for your vehicle?
OFFICER JEFFREY BURTON: No.
INVESTIGATOR DICKEY:
to this call?
OFFICER JEFFREY BURTON:
Police SUV.
INVESTIGATOR DICKEY:
Can you describe for me the vehicle that you were driving
I was driving a -- a marked black-and-white Palm Springs
Okay. Is that a -- what -- is that a --
OFFICER JEFFREY BURTON: Ford --
INVESTIGATOR DICKEY: What make and model is it?
OFFICER JEFFREY BURTON: Ford Explorer.
INVESTIGATOR DICKEY: Ford Explorer?
OFFICER JEFFREY BURTON: Ford Explorer -- or Ford, yeah.
INVESTIGATOR DICKEY: Okay. And that vehicle's black-and-white?
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 6
1
2 OFFICER JEFFREY BURTON: Yes.
3
4 INVESTIGATOR DICKEY: All right. Is it labeled with the Palm Spice -- Palm
5 Springs Police Department insignia on the sides of it?
6
7 OFFICER JEFFREY BURTON: It is.
8
9 INVESTIGATOR DICKEY: Okay. Does it also say police on the trunk lid?
10
11 OFFICER JEFFREY BURTON: It does.
12
13 INVESTIGATOR DICKEY: All right. And is that a vehicle that has emergency lights
14 affixed to the top of it?
15
16 OFFICER JEFFREY BURTON: It does.
17
18 INVESTIGATOR DICKEY: Spotlights?
19
20 OFFICER JEFFREY BURTON: Yes.
21
22 INVESTIGATOR DICKEY: Does it have a push bar as well?
23
24 OFFICER JEFFREY BURTON: It does.
25
26 INVESTIGATOR DICKEY: Okay.
27
28 (short pause)
29
30 Can you describe for me -- we'll talk about your prior experience. Let's -- let's do this. This
31 might work a little easier. When did you go to the academy?
32
33 OFFICER JEFFREY BURTON: Ahhh, I -- I believe April 2010 and graduated
34 October 2010.
35
36 INVESTIGATOR DICKEY: Okay. And what academy was that?
37
38 OFFICER JEFFREY BURTON: Ben Clark Training Center, Class -- Class 182.
39
40 INVESTIGATOR DICKEY: All right. Ahhh. Were you hired by the palm -- Palm
41 Springs Police Department at that time?
42
43 OFFICER JEFFREY BURTON: I was not.
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S IDEPARTMENT/CHU-WEST Page 7
1
2 INVESTIGATOR DICKEY: All right. Were you hired by another agency or
3 self-sponsored.
4
5 OFFICER JEFFREY BURTON: I was hired by Riverside County Sheriffs Department.
6
7 INVESTIGATOR DICKEY: Okay. When you graduated the academy, what was your
8 first assignment with Riverside County Sheriffs Department?
9
10 OFFICER JEFFREY BURTON: Court services east.
11
12 INVESTIGATOR DICKEY: All right. And how long were you there for?
13
14 OFFICER JEFFREY BURTON: Four years.
15
16 INVESTIGATOR DICKEY: Until about 2014?
17
18 OFFICER JEFFREY BURTON: Yes.
19
20 INVESTIGATOR DICKEY: All right. And what -- where were you assigned next?
21
22 OFFICER JEFFREY BURTON: I actually lateraled from RSO to Palm Springs P.D.
23
24 INVESTIGATOR DICKEY: In 2014?
25
26 OFFICER JEFFREY BURTON: In July 2014.
27
28 INVESTIGATOR DICKEY: Okay. When you arrived at the Palm Springs Police
29 Department, did you go through a field-training program?
30
31 OFFICER JEFFREY BURTON: I did.
32
33 INVESTIGATOR DICKEY: All right. And how long was that?
34
35 OFFICER JEFFREY BURTON: Approximately four months.
36
37 INVESTIGATOR DICKEY: Okay. Where were you -- you were assigned to patrol, I
38 assume -- to begin with?
39
40 OFFICER JEFFREY BURTON: Yes.
41
42 INVESTIGATOR DICKEY: All right. Is that where you have remained since? Or did
43 you have any special assignments in between?
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSEDE SHERIFF'S DEPARTMENT/CHID-WEST Page 8
1
2 OFFICER JEFFREY BURTON: Still on patrol.
3
4 INVESTIGATOR DICKEY: Okay. Are you a field-training officer?
5
6 OFFICER JEFFREY BURTON: I am not.
7
8 INVESTIGATOR DICKEY: Are you a part of any special team? Any collateral duties,
9 like, SWAT?
10
11 OFFICER JEFFREY BURTON: Nothing affiliated with the department -- just our Palm
12 Springs Police Officer's Association.
13
14 INVESTIGATOR DICKEY: Okay. Are you prior military?
15
16 OFFICER JEFFREY BURTON: No.
17
18 (short pause)
19
20 (heavy static)
21
22 INVESTIGATOR DICKEY: Do you have any other prior law enforcement experience
23 besides what you just described for us?
24
25 OFFICER JEFFREY BURTON: I do not.
26
27 INVESTIGATOR DICKEY: All right.
28
29 (short pause)
30
31 Probably have you go ahead and summarize the incident for us -- particularly, how were you
32 called to the scene? What prior information that you had before you got to the scene -- if you
33 remember? And how that information may have been relayed to you -- whether it was, hmmmm,
34 over dispatch radio, over the in-car computer, or if it was received via text or any -- a cell phone,
35 and then have you just describe what happened when you arrived, and then just tell us how the
36 incident unfolded.
37
38 OFFICER JEFFREY BURTON: Okay. I was working patrol, and I was assigned by
39 dispatch to back Officer Enriquez on a possible 415 physical -- which is a fight of estimated to be
40 four to five transients fighting one other male.
41
42 INVESTIGATOR DICKEY: Okay.
43
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
IRIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 9
1 OFFICER JEFFREY BURTON: As I was en route to the location, hmmmm, I was traveling
2 northbound on South Palm Canyon going to the -- well, the original call came out at Bank of
3 America located at 588 South Palm Canyon.
4
5 Hmmmm, as I was en route, I remember looking at my MDC and seeing something about,
6 "One of the subjects had a knife."
7
8 I don't remember that ever being relayed through dispatch or not, but I just -- I read that on
9 my MDC, and then dispatch either read out loud or I read it myself on the MDC -- about one of the
10 suspected wearing black shirt or black tank top and shorts.
11
12 Officer Enriquez and I arrived on scene simultaneously. I was -- I was behind -- actually,
13 I -- I can't remember. I might have been in front of her, and she was behind me, I think.
14
15 As I was pulling onto -- which would be Indian Canyon right there at the time split of South
16 Palm and Indian at Camino Parocela, hmmmm, I remember seeing a White male walking
17 southbound on Indian with a -- a black shirt and shorts, looking back, flipping off someone. Yeah.
18 Officer Enriquez -- I looked in my review mirror. I saw her pull in front of him and try to -- you
19 know, stop him and talk to him.
20
21 I had actually turned my unit around because I saw him. kind of, turning from her and
22 started walking away from her, and I turned my unit around on north -- or south Indian Canyon
23 Drive -- which is a one-way street, and --
24
25 (heavy static)
26
27 -- I activated my lights and sirens, because I was going against traffic to get the fastest route
28 back to the suspect in the black shirt.
29
30 He was walking west across South Palm Canyon into -- I can't remember what the name of
31 that shopping center. It's the Sun -- Sun shopping center or something like that. I pulled my unit
32 into the entrance to that shopping center, and pulled in front of him, and stopped, and got out, and
33 he had turned and started walking back across -- eastbound across South Palm Canyon Drive. I got
34 out, started walking behind him.
35
36 I told him, "Stop. Police department."
37
38 And he looked back at me, and he started running. I gave chase after him, and we ended up
39 in the middle. As I was chasing him, he stopped immediately, and turned on me, and threw a
40 punch, and hit me in my -- my nose. At that point, we were in the middle of, I guess, the whole
41 intersection of South Palm Canyon -- south Indian Canyon and Camino Parocela right there.
42
43 INVESTIGATOR DICKEY: Okay.
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page ICJ
1
2 OFFICER JEFFREY BURTON: Hmmmm, he's -- he's throwing punches at me. I'm, kind
3 of, fighting him off, and then I ended up grabbing him, and I pull him down to the ground.
4 Somehow, I was able to get on top of him, and he's still trying to -- he's on his back. I'm laying on
5 top of his chest -- my chest to his chest. Now I'm on his left side as he's laying on the ground. He's
6 still trying to throw punches at me, so I'm -- I use my right hand, and I push back his chin/face area,
7 trying to create some distance, and I'm fighting off punches with my left hand from what I
8 remember.
9
10 And then, next thing I know, I'm feeling pressure on my two fing -- my right pinky finger
11 and my right ring finger on my right hand, and I look down, and I see him. He's got them in his
12 mouth, and he's biting down on them -- latched onto my fingers.
13
14 I'm not sure where Officer Enriquez is at at that point.
15
16 But I'm yelling at him to, "Let go of my fingers. Quit biting me."
17
18 1-1mmmm, he's still grasping hard and squeezing harder. I could tell he was into my skin.
19 If if I would have tried to pull out, I would have probably done more damage.
20
21 So I'm yelling at him, "Stop. Stop. Stop biting me."
22
23 And Mar -- Officer Enriquez says, "I'm going to tase him."
24
25 I said, "Yeah, tase him. Tase him."
26
27 And she -- I remember the pop of the taser going off, and he clenched up for a second, but
28 the whole time, he was still biting -- wouldn't let go.
29
30 She said, "I'm going to tase him again."
31
32 I think she said she's going to tase him again. Ahhh, he's still biting down on my fingers and
33 not letting go.
34
35 I'm telling him, "Let go of my fingers. Let go of my fingers."
36
37 And I said, "We are going to shoot you if you don't let go of my fingers. I will shoot you if
38 you don't let go of my fingers."
39
40 He doesn't let go.
41
42 I yell at Officer Enriquez, "Shoot him. He's got my fingers. He's not letting go. He's trying
43 to bite my fingers off. Shoot him. Shoot him. Shoot him."
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page Ill
1
2 Hmmmm, she -- I -- I -- I don't know if she said anything or not, but I hear a -- a pop as the
3 firearm goes off, and immediately, as she shoots him, he lets go of my fingers.
4
5 I'm able to get my fingers out of his mouth. He starts screaming in pain. He's still, kind of,
6 flailing a little bit, so I -- as I pull my fingers out, my arm -- he's on his back. My arm, rests across
7 his neck -- trying to just, kind of, pin him to the -- pin him to the ground so he doesn't try to -- I
8 don't know where the knife's at still. I don't know if he's got a gun on him. He hasn't been searched.
9
10 Hmmmm, you know, I don't know where Officer Enriquez is at -- if she's been hit or
11 something.
12
13 (heavy static)
14
15 So I'm, kind of, laying on top of him, pinning him to the ground, and she engages -- she --
16 don't know if she holsters or what she does, but she (inaudible) engage again, and then we're just,
17 kind of, sitting there on top of him waiting for other officers to get there.
18
19 And I -- I don't know who arrived next, but someone else got there, and then we were just
20 trying to get his arms -- arms and hands under control, and we were able to then -- eventually
21 flipping him over to his stomach where I -- I pull back. I'm, kind of, sitting on his legs -- keeping
22 his legs under control.
23
24 And then another officer gets there, and they get him into handcuffs, and another officer
25 pulls me off and walks me away from the scene.
26
27 Hmmmm, actually, let me back up. While he's biting my fingers, I can -- I mean, I'm
28 thinking he's going to bite them off. There's -- everything we were doing was failing. He wasn't
29 letting go of my fingers. If I was able to, I probably would have shot him myself -- if I was able to
30 reach my firearm. Unfortunately, he had my right hand, and I couldn't get to -- even to my weapon
31 with my left hand -- the way we were positioned.
32
33 Hmmmm, my -- during the struggle, my earpiece had broken off and fl own out of my ear, so
34 I didn't hear any radio traffic of who was responding or who was coming.
35
36 I felt that if Officer Enriquez --Enriquez didn't shoot him -- that -- which was the only -- the
37 last resort at that point, that I was going to lose my fingers.
38
39 So that's where the officer pulls me off and walks me over to a -- a curb across on the left
40 side of South Palm Canyon and, kind of, has me just sit there and relax and just, I guess, let me nose
41 bleed-out, and clean up, and whatever else, so -- that's -- that's about all I recall right now.
42
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
il VE SIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 112
1 INVESTIGATOR DICKEY: Okay. Thank you for retelling that to us. I know that's not
2 the easiest thing to do -- right after it happened. Hmmmm, just give me one second here. I do have
3 some -- some questions just to ask -- just to clear some things up.
4
5 (short pause)
6
7 Okay. Let me go back to the beginning real quick. When you were dispatched -- I know
8 you mentioned that you'd given -- you were given some information possibly through the MDC
9 about the subject being armed, but also through dispatch -- through the police radio. First of all, do
10 you remember if you were the primary officer, or was it Officer Enriquez?
11
12 OFFICER JEFFREY BURTON: Officer Enriquez was primary.
13
14 INVESTIGATOR DICKEY: She was primary? You were backup officer?
15
16 OFFICER JEFFREY BURTON: Yes.
17
18 INVESTIGATOR DICKEY: Okay.
19
20 OFFICER JEFFREY BURTON: From what I recall.
21
22 INVESTIGATOR DICKEY: Do you remember there being -- were you provided
23 with --
24
25 (heavy static)
26
27 just one reporting party on this call, or were you provided that there were multiple
28 reporting parties?
29
30 OFFICER JEFFREY BURTON: The way it was relayed over the MDC -- or, I'm sorry --
31 over the radio to me --
32
33 INVESTIGATOR HARVEY: Uh-huh.
34
35 OFFICER JEFFREY BURTON: -- it sounded like one party, but as I'm en route, I'm
36 reading the notes that are coming in, and I see another dispatch typing, My RP's saying that. My
37 RP's saying that, so I knew there was multiple callers at that point.
38
39 INVESTIGATOR DICKEY: Okay. So it just wasn't one person calling in. You knew
40 there were multiple people calling in?
41
42 OFFICER JEFFREY BURTON: Yes.
43
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 113
1 INVESTIGATOR DICKEY: Was -- was the information that you had at the time from
2 multiple RPs that the subject was armed? Or do you remember it just being one RP saying that?
3
4 OFFICER JEFFREY BURTON: I believe there was -- from what I remember reading --
5 there was a couple RPs that said, "He had a knife."
6
7 INVESTIGATOR DICKEY: Okay. This area that we're talking about -- is this a -- is
8 this a -- a busy area with a lot of people? Or is this a more rural -- rural area?
9
10 OFFICER JEFFREY BURTON: It's a busy, commercial area.
11
12 INVESTIGATOR DICKEY: Okay. At that -- on this particular day, was there anything
13 special going on in that area? Or no?
14
15 OFFICER JEFFREY BURTON: Not that I recall.
16
17 INVESTIGATOR DICKEY: Okay. But this area is -- has a lot of businesses?
18
19 OFFICER JEFFREY BURTON: Yes.
20
21 INVESTIGATOR DICKEY: A lot of people?
22
23 OFFICER JEFFREY BURTON: Yes.
24
25 INVESTIGATOR DICKEY: Okay. It's my understanding that's a main thoroughfare
26 for Palm Springs?
27
28 OFFICER JEFFREY BURTON: It is.
29
30 INVESTIGATOR DICKEY: A lot of foot traffic?
31
32 OFFICER JEFFREY BURTON: Yeah.
33
34 INVESTIGATOR DICKEY: Okay.
35
36 (heavy static)
37
38 When you --
39
40 (heavy static)
41
42 When you were driving there before you got there -- let's, kind of, break it up into pieces.
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 14
1 Before you went 97, you had this information from multiple reporting parties. Did you have
2 any thoughts in your mind about going to this type of call with the information you were given and
3 the area you were given?
4
5 OFFICER JEFFREY BURTON: Given the area, I just thought -- as it usually is -- is a
6 bunch of transients arguing and fighting like they usually do and didn't think anything was out of
7 the ordinary -- other than transients fighting amongst each other over whatever transients fight each
8 other about.
9
10 INVESTIGATOR DICKEY: Got it. When you first saw -- first of all, do you know
11 who this subject is?
12
13 OFFICER JEFFREY BURTON: I do not.
14
15 INVESTIGATOR DICKEY: You've never -- do you even know at -- do you know at
16 this point what the subject's name is?
17
18 OFFICER JEFFREY BURTON: I do -- I do not.
19
20 INVESTIGATOR DICKEY: Okay.
21
22 (sniffing)
23
24 The subject -- the subject's name is Kevyn Weintraub, W-e-i-n-t-r-a-u-b -- is the suspect's
25 name. Does that name sound familiar to you? He was born in '76.
26
27 OFFICER JEFFREY BURTON: Does not.
28
29 INVESTIGATOR DICKEY: Okay. So he didn't look familiar to you. and that name
30 does not sound familiar to you?
31
32 OFFICER JEFFREY BURTON: No. Upon seeing him, I -- I didn't recognize him to be a
33 person I've contacted before in the city.
34
35 INVESTIGATOR DICKEY: Okay. When you first saw the suspect, ahhh, you
36 described for us that Officer Enriquez, kind of, pulled in front of him?
37
38 OFFICER JEFFREY BURTON: Yes.
39
40 (clearing throat)
41
42 INVESTIGATOR DICKEY: So -- if I understand that correctly.
43
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 15
1 OFFICER JEFFREY BURTON: Yes.
3 INVESTIGATOR DICKEY: And then you bypass -- but then made a U-turn and came
4 back?
5
6 OFFICER JEFFREY BURTON: Correct. I think we were, kind of, pulling up -- which
7 South Palm -- that section -- I think's three or four lanes --
8
9 INVESTIGATOR DICKEY: Uh-huh.
10
11 OFFICER JEFFREY BURTON: -- traveling northbound, so we, kind of, entered it together,
12 and she pulled over. I saw her pull over in front of him as I was to her right -- which was -- been
13 her east side.
14
15 And then she -- I saw her going to contact him, so I actually flipped around against
16 oncoming traffic and went to assist her.
17
18 INVESTIGATOR DICKEY: Okay. And did the subject that you saw -- the suspect --
19 did you -- did that -- did he match the information that was provided in the call text?
20
21 OFFICER JEFFREY BURTON: He did.
22
23 INVESTIGATOR DICKEY: Okay. And what was your intent at that time when you
24 were -- you and -- for you only -- you were getting out of your vehicle to contact him -- what was
25 your intent?
26
27 OFFICER JEFFREY BURTON: To detain him.
28
29 INVESTIGATOR DICKEY: Okay. You were going to detain him based on the
30 information provided in the call?
31
32 OFFICER JEFFREY BURTON: Based on the information provided in the call.
33
34 INVESTIGATOR DICKEY: And the fact that he matched that description?
35
36 OFFICER JEFFREY BURTON: Yes.
37
38 INVESTIGATOR DICKEY: Okay. When you exited the vehicle -- when you saw him
39 the first time and then when you exited the vehicle -- at any time, did you see him armed with a
40 knife?
41
42 OFFICER JEFFREY BURTON: I did not.
43
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 16
1 INVESTIGATOR DICKEY: Okay. Any time through the whole incident, did you see a
2 knife?
4 OFFICER JEFFREY BURTON: No.
5
6 INVESTIGATOR DICKEY: Okay. Once you got out of the vehicle, do you remember
7 what you said to him exactly -- if anything?
8
9 OFFICER JEFFREY BURTON: I said, "Hey, come here. I need to talk to you" -- or
10 something like that.
11
12 INVESTIGATOR DICKEY: Were you closest to him? Or was Officer Enriquez closest
13 to him?
14
15 OFFICER JEFFREY BURTON: At that point, I was closest to him.
16
17 INVESTIGATOR DICKEY: Did he look at you?
18
19 OFFICER JEFFREY BURTON: He looked back at me, yeah -- as he's still walking away
20 from me.
21
22 INVESTIGATOR DICKEY: Did he make eye contact with you?
23
24 OFFICER JEFFREY BURTON: Yes.
25
26 INVESTIGATOR DICKEY: Were your lights on on your vehicle?
27
28 OFFICER JEFFREY BURTON: My lights were on.
29
30 INVESTIGATOR DICKEY: When you exited the vehicle, the lights were on?
31
32 OFFICER JEFFREY BURTON: I believe so.
3:3
34 INVESTIGATOR DICKEY: The emergency lights?
35
36 OFFICER JEFFREY BURTON: I know I turned them on when I flipped around --
37
38 INVESTIGATOR DICKEY: Okay.
39
40 OFFICER JEFFREY BURTON: -- in oncoming -- on -- oncoming traffic. I don't remember
41 when I parked along the curb line if I shut them off or --
42
43 INVESTIGATOR DICKEY: Okay.
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSME SHEWFF'S DEPA TMENT/CHU-WEST Page 17
1
2 OFFICER JEFFREY BURTON: -- left them on.
3
4 INVESTIGATOR DICKEY: I should have said this in the beginning. I'll -- I'll saw it
5 now. If there's anything that you don't remember, it's okay to just say you don't remember, okay.
6 When he looked back, did he -- did he look at you long enough to see that you were a police officer,
7 dressed in a police officer's uniform, driving a -- a police vehicle?
8
9 OFFICER JEFFREY BURTON: He did.
10
11 INVESTIGATOR DICKEY: Okay. I -- your opinion is that you -- you think he could
12 have had adequate time to see all that?
13
14 OFFICER JEFFREY BURTON: Yes.
15
16 INVESTIGATOR DICKEY: All right.
17
18 You told him, hey, come over here?
19
20 OFFICER JEFFREY BURTON: I said, "Stop. Come over here."
21
22 INVESTIGATOR DICKEY: Okay.
23
24 OFFICER JEFFREY BURTON: "I need to talk to you."
25
26 INVESTIGATOR DICKEY: Do you --
27
28 OFFICER JEFFREY BURTON: And he was still walked away from me.
29
30 INVESTIGATOR DICKEY: Got it. Do you remember if you identified yourself as a
31 police officer? Or said stop police? Or anything of that nature?
33 OFFICER JEFFREY BURTON: I don't remember exactly, no.
34
35 INVESTIGATOR DICKEY: Okay. What was his immediate reaction? He looked
36 back. He saw you. You said what you said to him. What was his immediate, next reaction?
37
38 OFFICER JEFFREY BURTON: He turned and started running.
39
40 INVESTIGATOR DICKEY: Okay. How far do you think he got?
41
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 18
1 OFFICER JEFFREY BURTON: Ahhh, I mean, because he was in -- he was in the middle
2 of South Palm Canyon, so 20, 30 feet through the next couple lanes into that little center, dirt
3 median we were in.
4
5 INVESTIGATOR DICKEY: Okay. So when you caught up to him, he -- he only got
6 about 30 -- 20 or 30 feet?
7
8 OFFICER JEFFREY BURTON: Yeah.
9
10 (heavy static)
11
12 INVESTIGATOR DICKEY: What happened that next moment?
13
14 OFFICER JEFFREY BURTON: As soon as I -- well, you know, got within -- able to --
15
16 (heavy static)
17
18 -- I guess, arm's reach of him --
19
20 (heavy static)
21
22 -- he immediately turned on me, and I remember him punching me in my nose.
23
24 INVESTIGATOR DICKEY: Okay. So he's running. You're chasing him. You're
25 getting -- you're close enough to him that he stops, turns, and punches you in the nose?
26
27 OFFICER JEFFREY BURTON: Yeah.
28
29 INVESTIGATOR DICKEY: Okay. Did he say anything?
30
31 OFFICER JEFFREY BURTON: He didn't.
32
33 INVESTIGATOR DICKEY: Did you say anything?
34
35 OFFICER JEFFREY BURTON: Ahhh --
36
37 (heavy static)
38
39 -- I said -- I don't think I said anything at that point.
40
41 INVESTIGATOR DICKEY: Okay. What's the next thing that happened?
42
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 19
1 OFFICER JEFFREY BURTON: Hmmmm, that's when we -- so we started, kind of,
2 hand -fighting. I was able to get ahold of him, and that's when I was able to pull him to the ground.
3
4 INVESTIGATOR DICKEY: Okay. Was -- when you were hand -fighting with him, he's
5 facing you'?
6
7 OFFICER JEFFREY BURTON: Yes.
8
9 INVESTIGATOR DICKEY: Okay. How long do think that the encounter was from
10 when he punched -- when he stopped and turned around -- punched you in the nose, and you guys
11 are fighting -- he's facing you -- if you can remember -- how many seconds do you think that was?
12
13 OFFICER JEFFREY BURTON: A few -- a few -- a few seconds, I know -- under ten.
14
15 INVESTIGATOR DICKEY: Under ten?
16
17 OFFICER JEFFREY BURTON: Yeah.
18
19 INVESTIGATOR DICKEY: Ahhh, well, do you believe it was an adequate to him to
20 know who he's fighting?
21
22 OFFICER JEFFREY BURTON: Yes.
23
24 INVESTIGATOR DICKEY: Okay. You said that you pulled him to the ground.
25
26 OFFICER JEFFREY BURTON: Yes.
27
28 INVESTIGATOR DICKEY: Correct? At this time. is Officer Enriquez in this fight?
29 Or is she -- do you remember if she's near?
30
31 OFFICER JEFFREY BURTON: I don't -- I don't remember.
32
33 INVESTIGATOR DICKEY: Okay.
34
35 OFFICER JEFFREY BURTON: I think she was near. I'm not sure if she was also trying to
36 pull him to the ground at the same time. I'm not -- I'm not sure.
37
38 INVESTIGATOR DICKEY: Okay, you -- you're both on the ground. You described
39 chest-to-chest, you more on his left side -- if I remember correctly.
40
41 OFFICER JEFFREY BURTON: Yes.
42
43 INVESTIGATOR DICKEY: He's on his back?
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 20
1
2 OFFICER JEFFREY BURTON: He's on his back.
3
4 INVESTIGATOR DICKEY: He's looking up at you.
5
6 OFFICER JEFFREY BURTON: Yes.
7
8 INVESTIGATOR DICKEY: Okay. I think you described that he was trying to punch
9 you at that time -- or reach for you?
10
11 OFFICER JEFFREY BURTON: Yeah, he's still -- he's still trying to, like, reach -- or --
12 reach for my face, kind of, punch, scratch, whatever he's doing.
13
14 INVESTIGATOR DICKEY: Okay.
15
16 OFFICER JEFFREY BURTON: So that's -- at that point, I grab my -- my -- I used my right
17 hand --
18
19 INVESTIGATOR DICKEY: Uh-huh.
20
21 OFFICER JEFFREY BURTON: -- and push under his chin -- mouth -- you know, chin
22 area.
23
24 INVESTIGATOR DICKEY: Uh-huh.
25
26 OFFICER JEFFREY BURTON: And try to create distance to keep him from trying to
27 swing at me.
28
29 INVESTIGATOR DICKEY: Uh-huh.
30
31 OFFICER JEFFREY BURTON: And that's when I feel him latch onto my fingers.
32
33 INVESTIGATOR DICKEY: Okay. And he latches onto your fingers. He gets tased.
34 You take him into custody. We'll use the -- we'll use that -- that time frame of when he latched onto
35 your fingers. When he latched onto your fingers -- that's the last time that he actually hit you; is that
36 correct?
37
38 OFFICER JEFFREY BURTON: Yes.
39
40 INVESTIGATOR DICKEY: He didn't hit you again after that?
41
42 OFFICER JEFFREY BURTON: Not that I recall.
43
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S IDEPARTMENT/CHU-WEST Page 21
1 INVESTIGATOR DICKEY: So if we count him punching you in the nose the first
2 time -- how many times -- from when he punched you in the nose to when he bit your finger -- do
3 you believe that he hit you?
4
5 OFFICER JEFFREY BURTON: Four or five times.
6
7 INVESTIGATOR DICKEY: Okay.
8
9 OFFICER JEFFREY BURTON: Probably.
10
11 INVESTIGATOR DICKEY: And -- so through the entire incident, he -- he hit you
12 about four or five times?
13
14 OFFICER JEFFREY BURTON: Yeah.
15
16 INVESTIGATOR DICKEY: And, for sure, once in the nose the --
17
18 OFFICER JEFFREY BURTON: For sure, once in the nose, and then the other ones -- I
19 don't know where.
20
21 INVESTIGATOR DICKEY: Okay.
22
23 OFFICER JEFFREY BURTON: He scratched my mouth, because I don't remember that
24 occurring from getting punched in the nose -- my lips right here being, you know, cut or whatever.
25
26 INVESTIGATOR DICKEY: Uh-huh.
27
28 OFFICER JEFFREY BURTON: So I don't know if he -- as he's trying to punch or flail --
29 that's when he hit me in the -- in the mouth again.
30
31 INVESTIGATOR DICKEY: Okay.
32
33 OFFICER JEFFREY BURTON: And then if he hit me -- I don't know -- anywhere else, I
34 don't -- I don't recall.
35
36 INVESTIGATOR DICKEY: Okay.
37
38 OFFICER JEFFREY BURTON: But I remember seeing him throw punches.
39
40 INVESTIGATOR DICKEY: And you have -- I can see a visible injury that we -- that I
41 know that was documented earlier in photographers to both of your bottom and upper lip. Was that
42 from this incident?
4:3
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 22
1
7
3 INVESTIGATOR DICKEY: He -- he caused this?
4
5 OFFICER JEFFREY BURTON: Yes.
6
7 INVESTIGATOR DICKEY: Okay. Besides the two fingers on your right hand, are
8 there other injuries that you sustained that are visible on your body right now?
9
10 OFFICER JEFFREY BURTON: No visible injuries, no.
11
12 INVESTIGATOR DICKEY: Okay. But at the time -- and I know this because I had
13 seen a picture that one of your partners had taken -- your -- your nose bled from being punched; is
14 that correct?
I5
16 OFFICER JEFFREY BURTON: Yes.
17
18 INVESTIGATOR DICKEY: Okay. Going back to when he bit down on your fingers --
19 how long -- if you remember -- do you think it was that he was biting on your fingers?
20
21 OFFICER JEFFREY BURTON: It felt like live minutes.
22
23 INVESTIGATOR DICKEY: Okay.
24
25 OFFICER JEFFREY BURTON: Hmmmm, I don't -- I don't know exactly how long it was.
26
27 INVESTIGATOR DICKEY: Do you -- I know you said you told him to, "Stop."
28
29 Do you remember how many times you told him to, "Stop"?
30
31 OFFICER JEFFREY BURTON: I can't even count how many times -- numerous times.
32
33 INVESTIGATOR DICKEY: Over ten?
34
35 OFFICER JEFFREY BURTON: Over ten.
36
37 INVESTIGATOR DICKEY: Okay. At some point, you also said that you gave him a
38 warning that if he did not stop -- if he did not let go of your fingers -- something to that effect --
39 correct me if I'm wrong, that he would be shot; is that correct?
40
41 OFFICER JEFFREY BURTON: Yes.
42
OFFICER JEFFREY BURTON: It was.
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
IIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 23
1 INVESTIGATOR DICKEY: Okay. And the only reason that you did not shoot him is
2 because you were unable to pull your weapon from its holster. I clearly see that your -- it's your
3 right hand. Your holster was on your right side. You're right-handed?
4
5 OFFICER JEFFREY BURTON: Yes.
6
7 INVESTIGATOR DICKEY: Okay. Did you use -- other than the physical force you
8 used to bring him to the ground and to defend against being hit, did you punch him at all or hit him
9 at all -- that you recall?
10
11 OFFICER JEFFREY BURTON: Not that I recall, no.
12
13 INVESTIGATOR DICKEY: Did you use any other -- any other force of him -- of -- of
14 your own -- taser or pepper spray at the time?
15
16 OFFICER JEFFREY BURTON: None.
17
18 INVESTIGATOR DICKEY: Okay. Hmmmm, he's biting down on your fingers.
19
20 Do you -- you told him -- as you said, multiple times to, "Stop."
21
22 I believe you said that the series of events was that Officer Enriquez tased him once.
23
24 OFFICER JEFFREY BURTON: Yes.
25
26 INVESTIGATOR DICKEY: Okay. Although it had -- you -- it appeared to have an
27 effect on him, it did not have an effect on him letting go of your fingers?
28
29 OFFICER JEFFREY BURTON: Correct.
30
31 INVESTIGATOR DICKEY: Okay. And then I think you also recall that she tased him
32 a second time?
33
34 OFFICER JEFFREY BURTON: I remember just telling her to tase him again.
35
36 INVESTIGATOR DICKEY: Okay.
37
38 OFFICER JEFFREY BURTON: I don't know if she pulled the trigger again or not. I
39 remember the -- the cycle sounding longer than -- than the normal five-second cycle so --
40
41 INVESTIGATOR DICKEY: Okay. At some point, you told her -- you told Officer
42 Enriquez that -- to shoot him, because he was biting on your fingers.
43
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S IDEPARTMENT/CHU-WEST Page 24
1 OFFICER JEFFREY BURTON: Yes.
2
3 INVESTIGATOR DICKEY: Correct?
4
5 OFFICER JEFFREY BURTON: If I recall, I said, "He's got my fingers. He's biting my
6 fingers. He won't let go. Shoot him. Shoot him. Shoot him."
7
8 INVESTIGATOR DICKEY: Okay.
9
10 OFFICER JEFFREY BURTON: And then she shot him.
11
12 INVESTIGATOR DICKEY: Okay. Did you believe that the -- that him biting down on
13 your fingers was going to cause you some sort of substantial injury?
14
15 OFFICER JEFFREY BURTON: Yes.
16
17 INVESTIGATOR DICKEY: Okay. Hmmmm, what -- in your mind -- I'll have you tell
18 me. What -- what -- what were you feeling about that at that point -- when you -- when you told
19 Officer Enriquez that?
20
21 OFFICER JEFFREY BURTON: I thought he was going to bite my fingers off --
22
23 (heavy static)
24
25 -- to (inaudible).
26
27 INVESTIGATOR DICKEY: Okay.
28
29 OFFICER JEFFREY BURTON: He wasn't letting go. The taser wasn't effective.
30 Hmmmm, he showed no signs of even letting up his bite at all.
31
32 (heavy static)
33
34 And even after telling him he's going -- I'm going to shoot him -- "Let go of my fingers, or
35 I'm going to shoot -- we're going to shoot you" --
36
37 INVESTIGATOR DICKEY: Uh-huh.
38
39 OFFICER JEFFREY BURTON: -- he didn't let go at all. Didn't loosen his -- didn't even let
40 up his pressure on his bite.
41
42 INVESTIGATOR DICKEY: Okay.
43
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHEREFF'S DEPARTMENT/CHU-WEST Page 25
1 OFFICER JEFFREY BURTON: I thought -- even after she shot him, I thought I was going
2 to pull my hand out with no fingers on it.
3
4 INVESTIGATOR DICKEY: Okay.
5
6 (long pause)
7
8 Do you remember him saying anything at all during this time that he was biting on your
9 fingers? Of course, it's probably hard for him to speak with fingers in his mouth? But do you
10 remember him mumbling anything or --
11
12 OFFICER JEFFREY BURTON: Mumbling.
13
14 INVESTIGATOR DICKEY: -- attempting to say something?
15
16 OFFICER JEFFREY BURTON: He might -- he might mumbled stop or something like
17 that, but --
18
19 INVESTIGATOR DICKEY: Stop to you?
20
21 OFFICER JEFFREY BURTON: Yeah.
22
23 (short pause)
24
25 INVESTIGATOR DICKEY: After -- and only speak to what you saw -- after Officer
26 Enriquez fired her weapon, and he let go of your fingers, did you use any further force on him?
27
28 OFFICER JEFFREY BURTON: Other than -- I just maintained my -- my weight on top of
29 -- chest-to-chest.
30
31 INVESTIGATOR DICKEY: Uh-huh.
32
33 OFFICER JEFFREY BURTON: And pulling my arm out and just, kind of, holding onto his
34 neck to keep him pinned to the ground --
35
36 INVESTIGATOR DICKEY: Uh-huh.
37
38 OFFICER JEFFREY BURTON: -- until we got additional officers there.
39
40 INVESTIGATOR DICKEY: Okay. And did you assist in handcuffing? Or did
41 somebody else take care of that?
42
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 26
1 OFFICER JEFFREY BURTON: Someone else took care of that. Other than, I mean, I
2 helped flipping him over. I sat on his legs, kind of, until other officers got there, and then I got
3 pulled off.
4
5 INVESTIGATOR DICKEY: Did he make any spontaneous statements after he was
6 handcuffed -- about what he had done or anything to -- anything directed at any of the officers?
7
8 OFFICER JEFFREY BURTON: Not to me -- or not that I heard.
9
10 INVESTIGATOR DICKEY: Okay. Did you conduct any interviews with any witnesses
11 or anybody else after this incident occurred?
12
13 OFFICER JEFFREY BURTON: I did not.
14
15 INVESTIGATOR DICKEY: Okay.
16
17 (short pause)
18
19 INVESTIGATOR TRUDEAU: Hmmmm, you had said that --
20
21 (clearing throat)
22
23 -- I -- you read on that -- you said your MDC -- you guys call it an MDC?
24
25 OFFICER JEFFREY BURTON: MDC, yeah.
26
27 INVESTIGATOR TRUDEAU: MDC that, hmmmm, it said that the suspect had a knife.
28
29 OFFICER JEFFREY BURTON: Yes.
30
31 INVESTIGATOR TRUDEAU: Okay, hmmmm, did you have any concerns for him
32 having the knife?
33
34 OFFICER JEFFREY BURTON: Yes.
35
36 INVESTIGATOR TRUDEAU: What were those concerns?
37
38 OFFICER JEFFREY BURTON: That he was trying to stab someone or kill someone.
39
40 INVESTIGATOR TRUDEAU: Okay. Did you ever see him with a knife?
41
42 OFFICER JEFFREY BURTON: I did not.
43
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 27
1 INVESTIGATOR TRUDEAU: Okay. From the moment you first saw him to the end,
2 were you able to see his hands the entire time?
3
4 OFFICER JEFFREY BURTON: No. I was not.
5
6 INVESTIGATOR TRUDEAU: Okay.
7
8 (short pause)
9
10 And you said upon your approach, something about you made a U-turn, and you activated
11 your lights and sirens?
12
13 OFFICER JEFFREY BURTON: I did.
14
15 INVESTIGATOR TRUDEAU: And how long did you activate those for?
16
17 OFFICER JEFFREY BURTON: Hmmmm, I -- I couldn't tell you the exact time frame. I
18 mean, I activated them, so I could turn around and go against oncoming traffic, so they could see
19 me coming, so I -- from the time I drove 50 yards against oncoming traffic, and then made a
20 right-hand turn -- which would be westbound to cross South Palm Canyon to meet him over at the
21 little entrance to the shopping center there.
22
23 INVESTIGATOR TRUDEAU: Okay.
24
25 OFFICER JEFFREY BURTON: And I -- I don't remember if I deactivated them or --
26
27 INVESTIGATOR TRUDEAU: Okay.
28
29 OFFICER JEFFREY BURTON: -- left them on.
30
31 INVESTIGATOR TRUDEAU: At -- at any time when your lights or your siren were
32 activated, do you recall seeing the suspect looking in your direction?
33
34 OFFICER JEFFREY BURTON: Hmmmm, when I pulled up next to him, he looked at me
35 and saw my -- it was a, obviously, a -- a police unit and --
36
37 INVESTIGATOR TRUDEAU: Okay. I would -- so that was after you had activated the
38 lights --
39
40 OFFICER JEFFREY BURTON: After I activated --
41
42 INVESTIGATOR TRUDEAU: -- and sirens?
43
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 28
1 OFFICER JEFFREY BURTON: -- the lights, yeah.
2
3 (short pause)
4
5 (heavy static)
6
7 INVESTIGATOR TRUDEAU: I'm just looking at my notes real quick, here. So now, you
8 pull next to him. You get out. He takes off running.
9
10 (heavy static)
11
12 Hmmmm, and at one point, he turns around, and -- and you said, he punched you. Did he
13 hit you with an open hand? Or closed hand?
14
15 OFFICER JEFFREY BURTON: Closed hand.
16
17 INVESTIGATOR TRUDEAU: Okay.
18
19 (heavy static)
20
21 All the times that he hit you -- was it with a closed hand?
22
23 OFFICER JEFFREY BURTON: Yes.
24
25 INVESTIGATOR TRUDEAU: Okay. And do you recall if it was his left hand or his right
26 hand?
27
28 OFFICER JEFFREY BURTON: I don't recall.
29
30 INVESTIGATOR TRUDEAU: Now, could it have been both?
31
32 OFFICER JEFFREY BURTON: Could have been both.
33
34 (short pause)
35
36 (heavy static)
37
38 INVESTIGATOR TRUDEAU: Were there any other people in the area at the time --
39 civilians walking in the area?
40
41 OFFICER JEFFREY BURTON: Yes, there was.
42
43 (heavy static)
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
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RIVERSI I E SHERIFF'S DEPARTMENT/CHU-WEST Page 29
INVESTIGATOR TRUDEAU: Do you recall how many?
OFFICER JEFFREY BURTON: I don't -- at all.
(heavy static)
It's -- and, I mean, it's busy downtown area, so there's --
(tapping)
I don't know.
INVESTIGATOR TRUDEAU: Okay.
OFFICER JEFFREY BURTON: I can't put a number on it.
INVESTIGATOR TRUDEAU: But there was civilians walking around?
OFFICER JEFFREY BURTON: Yes.
22 INVESTIGATOR TRUDEAU: Was there a parade or something going on today down
23 there?
24
25 OFFICER JEFFREY BURTON: No.
26
27 INVESTIGATOR TRUDEAU: That you're aware of? No?
28
29 (short pause)
30
31 OFFICER JEFFREY BURTON: We have -- I mean, if you're referring to our Villagefest --
32 that happens on Palm Canyon Drive.
33
34 INVESTIGATOR TRUDEAU: Okay.
35
36 OFFICER JEFFREY BURTON: It doesn't start until, like, 1800 hours or so.
37
38 INVESTIGATOR TRUDEAU: Okay. Hmmmm, when he -- you said he hit you -- what --
39 what if -- you -- you got a bloody nose. Were you disoriented at all?
40
41 OFFICER JEFFREY BURTON: Not that I recall, no.
42
43 INVESTIGATOR TRUDEAU: Okay.
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 30
1
2
3 anything like that.
4
5
6 It -- it -- it consisted only of your hands; right?
7
8
9
10
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43
OFFICER JEFFREY BURTON: I don't re -- I don't recall blacking out, or being dizzy, or
INVESTIGATOR TRUDEAU: Okay. And then you explained the use of force you used.
OFFICER JEFFREY BURTON: Yes.
INVESTIGATOR TRUDEAU: Did you consider using any other weapons?
OFFICER JEFFREY BURTON: When he had my fingers in his mouth -- if I could have got
to my firearm, I would have gone to it.
INVESTIGATOR TRUDEAU:
Enriquez did not shoot the suspect?
OFFICER JEFFREY BURTON:
right hand anymore.
(heavy static)
(short pause)
And what do you think would have happened if Officer
I would not have my ring finger and pinky fi nger in my
INVESTIGATOR TRUDEAU: So you mentioned a couple things -- and I'll just, like, go
over those again, so you said that the suspect -- he matched the description provided.
OFFICER JEFFREY BURTON: Yes.
INVESTIGATOR TRUDEAU: There was information that he had a knife.
OFFICER JEFFREY BURTON: Yes.
INVESTIGATOR TRUDEAU: You illuminate your lights and sirens. You're identifiable.
You're a police officer, and he runs from you as well, and at one point, he stops, turns around, and
punches you.
Besides those factors, can you think of any other probable cause or reasonable susp --
suspicion to detain him at that time?
OFFICER JEFFREY BURTON: Other than when I saw him, he was walking southbound
on Indian looking back north -- flipping people off, so I just -- to me, it's, kind of --
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
1
2
3
4
5
6
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 31
INVESTIGATOR TRUDEAU: How would you --
OFFICER JEFFREY BURTON: I mean --
INVESTIGATOR TRUDEAU: -- describe that behavior?
7 OFFICER JEFFREY BURTON: Anger -- something that occurred up the street that he was
8 looking back at a group of people.
9
10 INVESTIGATOR TRUDEAU: Okay. So it's safe to say you clearly believed he was the
11 suspect in the call for service?
12
13 OFFICER JEFFREY BURTON: Yes.
14
15 (short pause)
16
17 INVESTIGATOR TRUDEAU: I don't have any other questions.
18
19 INVESTIGATOR DICKEY: Do you have anything to add right now? Do you have
20 anything else you want to add right now, sir'?
21
22 OFFICER JEFFREY BURTON: I do not.
23
24 INVESTIGATOR DICKEY: Okay. We're going to take a quick break. We're going to
25 go off tape. And then -- just about five, ten minutes.
26
27 (heavy static)
28
29 I'm just going to go pause.
30
31 (heavy static)
32
33 Right there.
34
35 INVESTIGATOR TRUDEAU: How do I pause this thing?
36
37 (beeping)
38
39 INVESTIGATOR DICKEY: If you just press it (inaudible) here.
40
41 (heavy static)
42
43 (recess is taken)
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHEREFF'S DEPARTMENT/CHU-WEST Page 32
2
3 KASEY CASTILLO: Okay?
4
5 INVESTIGATOR DICKEY: Okay. We are back on tape. It is now 2246 hours -- just
6 had just a couple questions. Like I said, just to make sure that we are understanding, sir, so we can
7 accurately depict that in our reports and accurately relay that to the District Attorney's office when it
8 comes to the time of the staffing. You're familiar with that procedure.
9
10 So some of the things -- some of these things, you may you -- you may feel like you have
11 answered, so if -- if you did, you know, ahhh, just bear with me, but the first one was if you could
12 describe -- if you recall -- at any point where Officer Enriquez was -- let's say from when you got
13 out of your vehicle, he turned -- you chased him. He turned and punched you -- from that forward.
14 all the way to the point where she shot her gun, can you describe at any time where she was when
15 any of this was occurring?
16
17 OFFICER JEFFREY BURTON: No.
18
19 INVESTIGATOR DICKEY: Not at all?
20
21 OFFICER JEFFREY BURTON: No.
22
23 INVESTIGATOR DICKEY: Okay. Ahhh, okay. We'll move on from that. When he --
24 when the suspect was biting your hand, what -- what do you recall that your left hand was doing
25 when that was happening?
26
27 OFFICER JEFFREY BURTON: From what I recall, I was still fighting off -- I guess, his
28 right hand.
29
30 INVESTIGATOR DICKEY: Okay.
31
32 OFFICER JEFFREY BURTON: He was still trying to swing at me, and grab me, and
33 whatever else. I was trying to fight that off.
34
35 INVESTIGATOR DICKEY: So if I'm understanding this correctly -- you have one
36 hand disabled because he's -- in -- inoperable because he's biting on it, and he has two hands free.
37
38 OFFICER JEFFREY BURTON: Yes.
39
40 INVESTIGATOR DICKEY: Okay. He's attempting to claw at you -- as described
41 before -- or hit at you, or hit you with both hands?
42
43 OFFICER JEFFREY BURTON: Yes.
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHER11FE'S DEPARTMENT/CHU-WEST Page 33
1
2 INVESTIGATOR DICKEY: Okay. So your left hand was preoccupied trying to block
3 that attack?
4
5 OFFICER JEFFREY BURTON: It was, yes.
6
7 INVESTIGATOR DICKEY: I was going to ask you -- but I think I know the answer
8 now -- why was -- did you make any other attempt to use -- yourself any other force option, but I
9 think that, kind of, explains itself.
10
11 OFFICER JEFFREY BURTON: Yeah, if I had -- yeah. With my fingers in his mouth --
12 that's what I was focused on.
1.3
14 INVESTIGATOR DICKEY: Okay.
15
16 OFFICER JEFFREY BURTON: I couldn't even get to anything else that would have been
17 effective on my belt.
18
19 INVESTIGATOR DICKEY: Okay. Your -- your free hand was unable to get to any
20 other tool that you have on your -- on your belt or your RAID vest; is that correct?
21
22 OFFICER JEFFREY BURTON: Correct. I was unable to, yeah.
23
24 INVESTIGATOR TRUDEAU: And that's because you're blocking the punches, and him
25 hitting you?
26
27 OFFICER JEFFREY BURTON: Yes.
28
29 INVESTIGATOR DICKEY: 1-1mmmm, you told Officer Enriquez to, "Shoot him:"
30 correct?
31
32 OFFICER JEFFREY BURTON: Yes.
33
34 INVESTIGATOR DICKEY: Did you think that her using any other force option besides
35 shooting at him would have been a effective response?
36
37 OFFICER JEFFREY BURTON: No. After him resisting the taser, I didn't think anything
38 else was a viable option.
39
40 INVESTIGATOR DICKEY: Okay. You thought that was the last resort?
41
42 OFFICER JEFFREY BURTON: Yes.
43
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 34
1 INVESTIGATOR DICKEY: Okay. Tell me a little bit about -- let me cover this
2 much -- your hand. At the time it was happening, it was very painful?
3
4 OFFICER JEFFREY BURTON: It was, yes.
5
6 INVESTIGATOR DICKEY: Okay. At this time, is it -- is it still in a lot of pain?
7
8 OFFICER JEFFREY BURTON: Yeah, now that the numbing has worn off from the
9 hospital visit where they had to numb it to clean it out and suture it up, it's throbbing quite a bit right
10 now -- quite a bit of pain.
11
12 INVESTIGATOR DICKEY: Okay.
13
14 (long pause)
15
16 INVESTIGATOR TRUDEAU: I think I have only one question -- at -- at any time when
17 Officer Enriquez tased him, did you feel the affect of the taser at all? Did you get a taste of it?
18
19 OFFICER JEFFREY BURTON: I did not.
20
21 (short pause)
22
23 INVESTIGATOR DICKEY: Okay. Do you have anything?
24
25 KASEY CASTILLO: You're not on pain meds right now; right?
26
27 OFFICER JEFFREY BURTON: I'm on no pain meds right now, no.
28
29 KASEY CASTILLO: You're going to take them -- what -- after your drive
30 home?
31
32 OFFICER JEFFREY BURTON: As soon as I drive home and --
33
34 (laughter)
35
36 -- get ready for bed.
37
38 KASEY CASTILLO: Okay.
39
40 INVESTIGATOR DICKEY: Okay. We're good.
41
42 KASEY CASTILLO: We're good.
43
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)
RIVERSIDE SHERIFF'S DEPARTMENT/CHU-WEST Page 35
1 INVESTIGATOR DICKEY: All right. Thank you. The interview is concluded at 2251
2 hours.
3
4 (recording ends)
5
6 REPORTING INVESTIGATOR: INVESTIGATOR JAMES DICKEY, #4047
7
8 D: 08/08/2019 T: 08/16/2019 Job: 983.DIGITAL.68 JD:da
RIVERSIDE COUNTY- LAW ENFORCEMENT AGENCIES
FORM C (9/81)