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Home My WebLink AboutE1 R192200009 Dickey SW for Medical Records & Admin Blood Sample and DNA SwabINCIDENT REPORT DATE PREPARED: 8/1 8/1 9 RIVERSIDE COUNTY SHERIFF CA0330000 El INITIAL [E] SUPPLEMENTAL I. FILE NUMBER R 19 220 0009 2. DATE/TIME REPORTED 3. DATE/TIME ASSIGNED 4. DATE/TIME INV. START 5. DATE/TIME INV. TERM 6. ADULT ARR 1 7. JUV ARE 8. OFFENSES - CODE SECTION CRIME COUNTS A.O.D. (no change) Assist Other Department - P.S.P.D. 01 9 EDP CODE 25A2-N 10. OFFENSES - CODE SECTION (Add or Change to) CRIME COUNTS O.I.S. (no change) Officer Involved Shooting - Injury 01 11. EDP CODE 13C8-N 12. OFFENSES - CODE SECTION (Add or Change to) CRIME COUNTS 243(d) PC (no change) 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. DIST. 16. OCCURRED ON- DATE/TIME 8/8/19 1618 17. OR BETWEEN DATE/TIME 18. BUSINESS NAME None 19. BUSINESS PHONE 20. CASE STATUS/ CLEARANCE Arrest 21. WAS THIS INCIDENT RELATED TO NIARIJUANA? El YES 0 NO (If yes, briefly include in narrative or additional details how it was related) VICTIM - REPORTING PARTY - WITNESS - OTHERS: SEE ADDITIONAL PERSONS REPORT 22. INVL V1 23. NAME (Last, First, Middle) PSPD Officer # 1 (confidential) (PB) 24. SEX 25. RACE 26. D013 27. AGE 28. HT 29. WT 30. HAIR 31. EYES 32. SKIN 33. RESIDENCE ADDRESS CITY ZIP N/O 34. EMAIL ADDRESS 35. RES. PHONE N/O 36. BUSINESS ADDRESS CITY ZIP 200 S. Civic Drive Palm Springs, CA 92262 37. EMAIL ADDRESS 38. BUS. PHONE 760 327 1441 39. INVL V2 40. NAME (Last, First, Middle) PSPD Officer # 2 (confidential) (PB) 41. SEX 42. RACE 43. DOB 44. AGE 45. HT 46. WT 47. HAIR 48. EYES 49. SKIN 50. RESIDENCE ADDRESS CITY ZIP N/O 51 EMAIL ADDRESS 52. RES. PHONE N/O 53. BUSINESS ADDRESS CITY ZIP 200 S. Civic Drive Palm Springs, CA 92262 54 EMAIL ADDRESS 55. BUS. PHONE 760 327 1441 SUSPECT El ADULT 0 JUVENILE 0 PAROLE 0 PROBATION 0 SEE ADDITIONAL PERSONS REPORT _ ARRESTED 56. SUS# 57. NAME (Last, First, Middle) 58. SEX 59. RACE 60. DOB 61: AGE 62. HT 63. WT 64. HAIR 65. EYES 66. SKIN Si Weintraub, Keyvn Matthew (PB) M W 030176 43 511 208 Bro Bro 67. DRIVER'S LICENSE NUMBER / ID NUMBER IN POSSESSION 68. STATE 69. SOC AL SECURITY NUMBER 70. MNI NUMBER 71. CII NUMBER YES NO q FBI # 72. RESIDENCE ADDRESS CITY ZIP 73. EMAIL ADDRESS 74. RES. PHONE 75. BUSINESS ADDRESS CITY ZIP 76. EMAIL ADDRESS 77. BUS. PHONE None None 78. JUVENILE DISPOSITION q OTHER JURIS. q JUV. CRT. PROB. q WITHIN DEPT. q DETAINED q NOT DETAINED 79. GANG NAME(S): GANG DATA 80. TATTOOS/SCARS/MARKS/CLOTHING DESCRIPTION -SW for admin blood, medical records, and DNA swab 4204-1320 q Prior Knowledge • Member • Associate • Self-Admit TATTOOS / SCARS / MARKS • Face IN Neck • R. Arm III L. Arm MI flands q Torso • Back • Legs VEHICLE: El REFER TO CHP 180 FORM FOR STOLEN, RECOVERED, TOWED OR IMPOUNDED 81. INVL 82. LICENSE 83. STATE 84. YEAR 85. MAKE 86. MODEL 87. BODY STYLE S8 S/UR/0 AUTO VALUE Code: $ 89 COLORKOLOR 90. VIN 8 91. OTHER IDENTIFIERS 92. DISPOSITION OF VEHICLE 93. REGISTERED OWNER 94. ADDRESS CITY STATE ZIP 95. PHONE 0 PROPERTY REPORT ATTACHED FOR STOLEN, RECOVERED OR DAMAGED PROPERTY 101. DAMAGED PROPERTY VALUE REPORTING OFFICER Inv. Dickey OFFICER I.D. 4204 REVVED BY/DATE I V\ ao\ 14L6C 0 'k\,111' k CA ENTERED BY/DATE ENTERED BY/DATE COPIES TO: APR SENT: APR CANCELLED: DOJ-NCIC ENTERED: DOI-NCIC CANCELLED 0 Riverside County Sheriff-Incident Report Form A 435 (Revised 01-23-2018) FILE NUMBER R 19 220 0009 CONTINUATION PAGE Page Number: 2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 LAW ENFORCEMENT OTHERS: Sergeant Thurm # 2805 Investigator Trudeau # 3147 Investigator Harvey # 1701 Investigator Stoyer # 2758 Investigator Paz # 3327 Investigator Sandoval # 3655 Investigator Munoz # 3137 Deputy District Attorney R. Hightower District Attorney Investigator S. Paixao ASSOCIATED CASE NUMBERS: Palm Springs Police Department # 1908P-1476 EVIDENCE: ITEM DESCRIPTION RSO/CHU RSO/CHU RSO/CHU RSO/CHU RSO/CHU RSO/CHU RSO/CHU District Attorney's Office District Attorney's Office 951 955 2777 951 955 2777 951 955 2777 951 955 2777 951 955 2777 951 955 2777 951 955 2777 760 863 8216 760 863 8216 JD01 Blood sample taken from Kevyn Weintraub on date of admission into Desert Regional Hospital (8/8/19) to be used for toxicology testing. (barcode 2176042) JDO2 Medical records for PSPD Officer # 2 from Desert Regional Medical Center (barcode 2177108) JDO3 Medical records for Kevyn Weintraub from Desert Regional Medical Center (barcode 2177109) JDO4 DNA swab from Kevyn Weintraub taken 081619 at 0735 hours at RPDC (barcode 2176692) ATTACHMENTS: ITEM A B C QUANTITY 3 pages 4 pages 1 page DESCRIPTION Evidence print outs Service copy of search warrant # IN081620191 Copy of search warrant return Riverside County Sheriff-Form C 442 Continuation Page (Revised 11-15-2010 FILE NUMBER R 19 220 0009 CONTINUATION PAGE Page Number: 3 1 DETAILS: 2 On 8/11/19, I (Investigator Dickey # 4204) conducted follow up investigation on the above case. I 3 authored a search warrant for Kevyn Weintraub's DNA swab, admission blood sample, and medical 4 records from Desert Regional Hospital for his care received after this officer involved shooting. The 5 search warrant also requested PSPD Officer # 2's medical records for his care received on the date of the 6 officer involved shooting. 7 8 On 8/14/19, at 1110 hours, I served the search warrant records to Desert Regional Hospital. I picked those 9 records up on 8/16/19 and booked them into evidence as evidence item JDO2 and JD03. 10 11 At 1120 hours, I picked up the admin blood sample from the hospital's lab. I booked the blood sample 12 into evidence at the Palm Desert Station at 1230 hours as evidence item JD01. I requested that the blood 13 be submitted to Bio-tox for a full panel drugs/alcohol test. 14 15 On 8/16/19, at 0735 hours, I went to the Robert Presley Detention Center in Riverside and collected a oral 16 buccal swab from Kevyn Weintraub. I booked the item into evidence at 8/16/19 at 1024 hours as evidence 17 item JD04. 18 19 On 8/16/19, Judge Hopp signed the search warrant return at 1100 hours and I attached it to this report as 20 attachment "C". 21 22 23 CASE STATUS: Arrest Riverside County Sheriff-Form C 442 Continuation Page (Revised 11-15-2016) It 19 220 0009 ATTACHMENT # A (3 pages) Evidence print outs. 11 I I 11 111 I I II II II Riverside County Sheriff's Department New Property / Evidence Report Deputy Name: DICKEY,JAMES Deputy ID: 4204 incident Number: R192200009 7iiiiiiii6c1Ba ico mDS611 ion ::--- — r inn tot in enna EnteredS _ —rff------ 2176042 SO 0 I 11 I 1111 11 8/14/2019 Item Description: JD01-BLOOD DRAWN FROM KEVYN WEINTRAUB FOR BIOTOX DRAWN 080819 1700. This item is related to the following SUSPECT: X, X X. X X 11/12/2019 4204 Page 1 of 1 rev 051109 NER Riverside County Sheriffs Department New Property / Evidence Report Deputy Name: DICKEY,JAMES Deputy ID: 4204 Incident Number: R192200009 Evidence Barcode: Date Item Description: Mailing Address: Tickler will Entered By Entered: be sent: (ID): 2177108 1‘3'U 111 III 1E1 III 8/18/2019 Item Description: JDO/MED RECORDS FOR PSPD OFF # 2 FR DESRT REG. X X 11/16/2019 4204 Evidence Barcode: Date Item Description: Mailing Address: Tickler will Entered By Entered: be sent: (ID): 2177109 )1P 1) 8/18/2019 Item Description: JD03-MED RECORDS FOR KEVYN WEINTRAUB FR DESERT REGIONAL. X X 11/16/2019 4204 III 111 III 11 111 Page 1 of 1 rev 051109 NER Riverside County Sheriff's Department New Property / Evidence Report Deputy Name: DICKEY,JAMES Deputy ID: 4204 Incident Number: R192200009 Evidence Barcode: Date Item Description: Mailing Address: Tickler will Entered By Entered: be sent: (ID): 2176692 11 1111 8/16/2019 Item Description: JDO DNA SWAB KEVYN WEINTRAUB 081619 0735 X X 11/14/2019 4204 Page 1 of 1 rev 051109 NER R 19 220 0009 ATTACHMENT # B (4 pages) Service copy of search warrant .1-Nottuaolcit FL] =ED SEARCH WARRANT AND AFFIDAVIT State of California — County of Riverside SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVERSIDE AUG 16 2019 (AFFIDAVIT) X.C. Escobar Investigator James Dickey swears under oath that the facts expressed by him in this Search Warrant and Affidavit, in the attached and incorporated statement of probable cause are true and that based thereon he has probable cause to believe and does believe that the property and/or person described below is lawfully seizable pursuant to Penal Code Section 1524, as indicated below, and is now located at the locations set forth below. Wherefore, affiant requests that this/her Search Warrant be issued. NIGHT SERVICE REQUESTED: 0 YES E NO HOBBS SEALING REQUESTED: 0 YES Z NO SEALING REQUESTED — EVIDENCE CODE 1040-1042: E YES 0 NO DELAYED NOTIFICATION — PENAL CODE 1546.2(b)(I) PC: 0 YES Z NO ELECTRONIC MONITORING: 0 YES E NO (Signature of Affiant) (SEARCH WARRANT) THE PEOPLE OF THE STATE OF CALIFORNIA TO ANY SHERIFF, POLICE OFFICER, OR PEACE OFFICER IN THE COUNTY OF RIVERSIDE: proof having been made, before me, by Investigator James Dickey, that there is probable cause to believe that at the property and/or person described herein may be found at the locations set forth herein and is lawfully seizable pursuant to Penal Code Section 1524 as indicated below by "X"(s) in that: 0 It was stolen or embezzled, q It was used as the means of committing a felony, El It was possessed by a person with the intent to use it as means of committing a public offense or is possessed by another whom he or she may have delivered it for the purpose of concealing it or preventing its discovery, It tends to show that a felony has been committed or that a particular person has committed a felony, q It tends to show that a sexual exploitation of a child in violation of Section 311.3, or depiction of sexual conduct of a person under the age of 18 years, in violation of Section 311.11, has occurred or is occurring, q There is a warrant for the person's arrest; YOU ARE THEREFORE COMMANDED TO SEARCH (premises, vehicles, persons): See ATTACHMENT "A" FOR THE FOLLOWING PROPERTY/PERSON: See ATTACHMENT "B" SEALING ORDER: Pending further order of the Court, this Search Warrant and all accompanying documents shall not become a public record and shall be sealed and delivered into the custody of the Clerk of the Superior Court. Grounds for sealing: Z Official Information (Ca. Evidence Code § 1040) q Informant Protection (Ca. Evidence Code § 1041) Based upon the aforementioned facts and circumstances, I have reasonable cause to believe that grounds for the issuance of a Search Warrant exist, as set forth in Section 1524 and 1546 of the California Penal Code as well as 18 USC § 2703(c), 2703(d), 3122, and 3123). I ask that a Search Warrant be issued based upon the aforementioned facts, for the seizure of said property, or any part thereof, good cause being shown thereof, and the same be brought Page 1 SEARCH WARRANT AND AFFIDAVIT before this Magistrate or retained subject to the order of the court, or of any court in which the offense(s) in respect to which the property of things taken, pursuant to Section 1536 of the Penal Code. AND TO SEIZE IT IF FOUND and bring it forthwith before me or to the appropriate courthouse within the County of Riverside. This Search Warrant and incorporated Affidavit was sworn t • true and subscribed before me this c 1 \--`'s day of f\Q c , 1 I (\ , Time: 1 .. fl I r PMI. Wherefore, I find probable cause for the issuance of this Search Warrant and do issue it. NIGHT SERVICE REQUESTED: HOBBS SEALING REQUESTED: SEALING REQUESTED - EVIDENC DELAYED NOTIFICATION - PEN ELECTRONIC MONITORING: (Siting re of Magistrate) (Printed Name of MaOstrate) N.11.7.„..Y OF RI \Ce'' Judge of the Superior Court of California, County of .L of \ 0 k D YES ®NO ❑YES NO YES q NO PC: q YES El NO ❑YES ENO Reviewed telephonically for legal sufficiency by DDA Hightower. Page 2 SEARCH WARRANT AND AFFIDAVIT ATTACHMENT A You are therefore COMMANDED to SEARCH: (Premise) Desert Regional Medical Center Health Information Management 1150 North Indian Canyon Drive Palm Springs, CA 92262 PH: (760) 323-6289 FX: (760) 323-6201 (Person) Kevyn Weintraub 3/1 /76 FFLIED SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVERSIDE. AUG 16 2019 X.C. Escobar Page 3 SEARCH WARRANT AND AFFIDAVITII [MED SUPERIOR COURT RIVERSIDERNIA COUNTY OF ATTACHMENT B AUG 16 2019 For the FOLLOWING PROPERTY or PERSON(s): (to be Seized) X.C. Escobar (Premise) 1. All admission (admit) blood samples collected from Kevyn Weintraub (Date of Birth 3/1/1976), medical record #001158792, by hospital staff. 2. All medical records for Kevyn Weintraub (Date of Birth 3/1/1976), medical record #001158792, from August 8, 2019 through discharge. 3. All medical records for PSPD Officer Jeffrey Burton treated and discharged on August 8, 2019 *Records can be submitted at once after discharge Kevin Weintraub tracking/medical records wristband (Person) 1. Deoxyribonucleic acid (DNA) sample through a medically approved manner to include either an oral swab or blood draw from Kevyn Weintraub 3/1/76 to be collected by law enforcement. SERVICE OF WARRANT authorization is given to serve this search warrant via fax or email to the designated representative of the Desert Regional Medical Center. CERTIFICATION OF RECORDS CA EVIDENCE CODE 1560(0 it is hereby ordered that Desert Regional Medical Center or its designated representative certify the records and provide a point of contact for custodian of records. 10 DAY WAIVER Since Kevyn Weintraub is still being treated at the hospital for his injuries, and his full records will not be available at this time, your affiant request that the court authorize an extension of the search warrant for a period of 90 days. Page 4 R 19 220 0009 ATTACHMENT # C (1 page) Search warrant return. ID) SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVERSIDE IN THE SUPERIOR COURT OF CALIFORNIA AUG 16 2019 COUNTY OF RIVERSIDE X.C. Escobar WARRANT NO. 'foliar( I RETURN TO SEARCH WARRANT The following property was obtained pursuant to a search warrant issued by the Honorable Dugan, Judge of the above-entitled court on August 11 th, 2019. The search warrant authorized the collection of a DNA buccal swab from Kevyn Weintraub 3/1/76, medical records for both Weintraub and PSPD Officer # 2 from Desert Regional Hospital, and the admission blood draw from Kevyn Weintraub. The warrant was executed on August 14th and August 16th 2019 and the property listed below was seized during the execution of the warrant. EVIDENCE: QUANTITY DESCRIPTION ITEM 01 01 Admin blood sample for Kevyn. Weintraub 02 0I Medical records for Kevyn Weintraub 03 01 Medical records for PSPD Officer # 2 04 01 DNA Sample from Kevyn Weintraub I, Investigator James R, Dickey, by whom this warrant was executed, do ear that the invei of property taken is true and accurate. Subscribed and sworn to before me on th J. Dickey, Investigator verside County Sheriff's Department judge of the above entitled ou