HomeMy WebLinkAboutF1 R192200009 Dickey Initial Arrest and Filing reportDATE PREPARED: 8/11/19
INCIDENT REPORT
RIVERSIDE COUNTY SHERIFF CA0330000 El INITIAL El SUPPLEMENTAL
1. FILE NUMBER
R 19 220 0009
2. DATETWE REPORTED
8/8/19 1617
3. DATFJTIME ASSIGNED
8/8/19 1618
4. DATETIME INV. START
8/8/19 1620
5. DATE TIME INV. TERM
8/9/19 0400
6. ADULT ARR
1
7. ]UV 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) CRIME COUNTS
0.I. S. Officer Involved Shooting - Injury 01
11. EDP CODE
13C8-N
12. OFFENSES - CODE SECTION (Add or Change to) CREME 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. DIST.
RD161
16. OCCURRED ON- DATETIME
8/8/19 1618
17. OR BETWEEN DATETIME
18. BUSINESS NAME
None
19. BUSINESS PHONE 20. CASE STATUS/ CLEARANCE
Arrest
21. WAS THIS INCIDENT RELATED TO MARIJUANA? 181 YES 0 NO (If yes, briefly include in narrative or additional details how it was related)
- REPORTING PARTY - WITNESS - OTHERS: SEE ADDITIONAL PERSONS REPORT
22 1NVL
V1
23. NAME (Last, First, Middle)
PSPD Officer # 1 (confidential))
24. SEX 25. RACE 26. DOB 27_ AGE 28. HT 29. WT 30. HAIR 31. EYES 32, SKIN
33. RESIDENCE ADDRESS
N/O
CITY ZIP 34. EMAIL ADDRESS 35. RES. PHONE
N/O
36. BUSINESS ADDRESS
200 S. Civic Drive
cm, ZIP
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))
41. SEX 42 RACE 43. DOB 44. AGE 45. HT 46. WT 47. HAIR 48. EYES 49. SKIN
50. RESIDENCE ADDRESS
N/O
CITY DP 51. EMAIL ADDRESS 52. RES. PHONE
N/O
53. BUSINESS ADDRESS
200 S. Civic Drive
CITY ZIP
Palm Springs, CA 92262
54. EMAIL ADDRESS 55. BUS. PHONE
760 327 1441
JUVENILE PAROLE q PROBATION SEE ADDITIONAL PERSONS REPORT El ARRESTED
56. SUS#
S I
57. NAME (Last, Fast, Middle)
Weintraub, Keyvn Matthew
58. SEX
M
59. RACE
W
60. DOB
030176
61. AGE
43
62. Hr
511
63. WT
208
64. HAIR
Bro
65. EYES
Bro
66. SKIN
67. DRIVER'S LICENSE NUMBER i ID NUMBER
IN POSSESSION
YES [El No 0
68. STATE
69. SOCIAL SECURITY NUMBER
70. MNI NUMBER 71. al NUMBER
FBI #
72. RESIDENCE ADDRESS al Y ZIP
73. EMAIL ADDRESS 74. RES. PHONE
75. BUSINESS ADDRESS CITY GIP
None
76. EMAIL ADDRESS 77. BUS. PHONE
None
OTHER JURIS J . CRT. PROB. q WITHIN DEPT. DETAINED - NOT DET
79. GANG DATA
GANG NAME(S):
so. TATTOOS/SCARS/MARKS/CLOTHING DESCRIPTION
-Initial / Arrest / Filing Report
4204-1314 • Member III Associate • Self-Admit IN Prior Knowledge
TATTOOS / SCARS / MARKS
• Face • Neck • R. Arm 0 L. Arm MI Hands III Torso 0 Back • Legs
VEHICLE: REFER TO CHI' 180 FORM FOR STOLEN, RECOVERED, TOWED OR IMPOUNDED
81. INVL 82. LICENSE 83. STATE 84. YEAR 85. MAKE 86. MODEL 87. BODY STYLE 88. S/UR/O AUTO VALUE
Cod= $
89. COLOR/COLOR 90. VIN 4 91. OTHER IDENTIFIERS 92. DISPOSITION OF VEHICLE
93. REGISTERED OWNER 94. ADDRESS CRY 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
REVIEWED BY/DATE
s 6-7- ph)e."-. -I+ 7- 0 Os-
ENTERED BY/DATE ENTERED BY/DATE
COPIES TO: APR SENT: APR CANCELLED: DOI-NCIC ENTERED: DOJ-NCIC CANCELLED
-0 Riverside County Sheriff-Incident Report Form A 435 (Revised 01-23-2018)
File Number R 19 220 0009
Incident Report— MO Elements
RIVERSIDE COUNTY SHERIFF CA0330000
Page:
IMPORTANT:
Please be sure to check all MO
Elements that apply.
0 Arson
0 Domestic Violence* ra Assault
0 Robbery
0 Burglary
O Theft
PHYSICAL EVIDENCE EXTENT OF INJURY TYPE OF PREMESIS
*State Required for DV Incidents
q Strangulation
q Suffocation
PROPERTY AFFECTED
q AIR
q APP
0 ART
q AUT
q BLM
q BOT
q BYC
q cam
q no
q COI
q com
q CPT
q CRC
q CUR
0 FIR
q FOD
q FOS
q FRN
q FUR
q IND
q JEW
❑D uo
0 UV
q LWN
q MC
q MET
q MIS
q mus
q NRC
q OFE
q PHO
q PUR
q RAD
q SLV
q SPD
q TOB
q TOL
q TOY
q ws
q VCR
q VEH
q VID
Air Conditioners
Household Appliances
Art Collections,
Paintings, Antiques
Auto Parts & Tires
Building Materials
Boat, Boat Motors and
Trailers
Bicycles/Bicycle Parts
Cameras, Movie Projector
Clothing, Wigs
Coin Collection
Computer Equipment
Carpet
Credit Cards
Currency
Firearms
Food or Food Products
Food Stamps
Household Furniture
Furs
Industrial Equipment
(Tractors)
Jewelry/Precious Metals
Liquor and Beer
Livestock
Lawn Mowers/Edger
Motorcydes, Minibike
Scrap Metal
Miscellaneous
Guitars, Other Instruments
Narcotics, Drugs
Office Equipment
Phones
Purses and Wallets
Radio, Stereo Equipment
Silverware
Sporting Goods
Tobacco Products
Tools
Toys
Televisions
Video Cassette Recorder
Vehicles (Autos/Trucks)
Video Equip, Games
CI BL
0 CL
q DC
q FP
q GL
q HA
q ID
q MS
q OP
q PH
q PJ
q PS
q SM
0 n
Orr
q VH
❑WP
Blood
Clothing
Documents
Fingerprints
Glass Fragments
Hair
Insulation/Dust
Mud/Soil
Other Prints
Photos
Projectile (Bullet/Casing)
Paint Samples
Semen
Tool Marks
Tire Tracks
Vehide
Weapon
q A Severe Body Trauma/bruising
q 13 Bums
q C Complaint of Pain
OD Death
q G Gunshot Wound
q H Broken Bones
q K Knife Wounds/Lacerations
q N No Visible Injury
OS Strangulation/Choking
POINT OF ENTRY
METHOD OF ENTRY
❑A
0 Et
0 C
❑D
❑E
❑F
0 G
❑H
q f
❑J
❑K
q L
❑M
❑N
❑O
❑P
0 Q
❑R
❑S
0 T
q U
❑V
OW
q X
0 Z
Unlocked
Pried
Broken Glass
Channel Locks
Slim Jim
Body Force
Cut Padlock
Removed
Explosive
Vehicle
Force
No Force
Attempt Only
Bolt Cutters
Brick/Rock/Cement
Common Ceiling
Cut Glass
Cut Hole
Cut Screen
Kids Door
Lock Punch
Saw Drill
Hid In Building
Lock Box
Pass Key
Doggie Door
q D Door
q DF Single Swing
q DG Double Swing
q OH Sliding Door
q DI Overhead Garage
q 0 Other
q OK Floor
q OL Roof
q OM Wall
q ON Already On Premise
q 00 Unknown
q OP Basement
q OQ Ground Level
q OR Upper Level
q W Window
q WA Non-Moveable
q WB Sliding Window
q WC Crank
q WD Louvered/Screen
ENTRY LOCATION
q F Front
q 0 Other
q R Rear
q S Side
HOW WEAPON USED
MEANS OF ATTACK
OF Firearm
q K Knife/Other Cutting Inst
q 0 Other Dangerous Weapon
Or 211 by fear
El H Hands/Feet — Felony
Aggravated Assaults require broken
bones, internal injuries, stitches,
great bodily injury or
hospitalization. On 211s great
bodily injury is not required.
q S Simple Assault / Battery
e.g. minor scrapes, cuts bruises,
injuries needing only minor 1st aid
or no injuries.
Do not use Simple Assault for 211s
Select another choice under Means
of Attack
q BRAND
q COATP
q COVER
q FEET
0 HANDS
q HIPHO
q LEFTH
q LEGHO
q PANPK
q PISWP
q PROPK
q PSACK
q PURSE
q RERPK
q RIGHH
q SHLHO
q SHOTS
q WAIST
q OTHER
Brandished
Coat/Shirt Pocket
Covered
Kicked Feet
Both Hands
Hip Holster
Left Hand
Leg Holster
Hand In Pocket
Pistol Whipped
Front Pocket
Sack/Bag
Purse
Rear Pocket
Right Hand
Shoulder Holster
Shots Fired
Waistband
Other
THEFT TYPE
q AA
q Ea
q cm
q FA
q FB
q OT
OPP
q Ps
q a
Auto Accessories
Bicyde
Coin Operated Machine
From Auto
From Building
Other
Pick Pocket
Purse Snatch
Shoplift
q 01 Duplexifourplex
q 02 Apartment Office
q 03 Apartment/Condo
q 04 Art, Antique Store
q 05 Assembly Plant
q 06 Auto Parts Sales
q 07 Auto Repair Co.
q 08 Bar/Lounge/Tavem
q 09 Barber Beauty Shop
q 10 Bike Td/Horse Td
q 11 Bank/Savings & Loan
q 12 Bowling Alley
q 13 Cab Co.
q 14 Camera Shop
q 15 Casino
q 16 Community Center
q 17 Cement Co.
q 18 Church
q 19 Club House
q 20 Cleaners
q 21 Concession Stand
q 22 Construction Co.
q 23 Communications
Sound Equipment
q 24 Convenience Store
q 25 Construction Site
q 26 Convalescent Home
q 27 Bakery/Deli
q 28 Dealer, Automobile
q 29 Department Store
q 30 Driveway
q 31 Electric Shop
q 32 Employment Agency
q 33 Farm, Dairy, Ranch
q 34 Fast Food Store
q 35 Finance Co.
q 36 Florist, Nursery
q 37 Food Processing Co.
q 38 Garage Attached
q 39 Garage Detached
q 40 Gas Vendor
Service Station
q 41 Golf Course
q 42 Gun Shop
q 43 Government Facility
q 44 Hospital
q 45 Hardware Store
q 46 Hotel/Motel Office
q 47 Hotel/Motel Room
q 48 Candy/Ice Cream
q 49 Indian Reservation
q 50 Jewelry Store
q 51 Locksmith
q 52 Laundromat
q 53 Law Firm
q 54 Leather Goods
q 55 Liquor Store
q 56 Parking Lot
q 57 Mower/Bike Shop
q 58 Doctor/Dental Office
q 59 Medical/Optometrist
q 60 Manufacturing Arm
q 61 Mobile Home
q 62 Misc. Office
CI 63 Grocery Store
q 64 Theater
q 65 Music Store
q 66 Nursery School
q 67 Park/Playground
q 68 Other
q 69 Public Building
q 70 Pet Shop
q 71 Pharmacy
q 72 Parking Garage
q 73 Plumbing Supply
q 74 Police Facility
q 75 Pool Hall
q 76 Post Office
q 77 Print Shop
q 78 Residence/ House
q 79 Rental Store
q 80 Restaurant
q 81 Retail Store
q 82 Salvage Yard
q 83 School
q 84 Storage Shed
q 85 Shopping
Center/Mall
q 86 Sporting Goods
q 87 Barn/Stable
q 88 Moving &
Storage Co.
O 89 Street/Hwy/Alley
q 90 Swimming Pool
q 91 Trucking Co.
Facility/Docks
q 92 Trailer Park
q 93 Unknown
q 94 Upholstery
Furniture
Repair
q 95 Variety Store
q 96 Vending Co.
q 97 Vet/Kennels/
Animal Hosp.
q 98 Welding Shop/
School
q 99 Warehouse
Riverside County Sheriff-Form 424 (Revised 01-26-2018)
FILE NUMBER
R 19 220 0009 CONTINUATION PAGE Page Number: 3
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* This report will serve as the arrest/filing report that is being submitted to the Riverside County District
Attorney's Office requesting charges against Kevyn Matthew Weintraub for (1) count of 69 PC — resisting
arrest with force, 245(a)(4) PC — assault with a deadly weapon other than a firearm with great bodily
injury, 243(d) PC — felony battery against a peace officer, and 148.10(d) PC — resisting arrest with serious
bodily injury for an incident that occurred on 8/8/19 in the City of Palm Springs, County of Riverside. The
following information is a summary of the case and all interviews and mentioned items of evidence will
be documented in separate supplemental reports.
ADDITIONAL CHARGES:
69 PC Resisting arrest with force
245(a)(4) PC Assault with a deadly weapon GBI
148.10(d) PC Resisting arrest with serious bodily
LAW ENFORCEMENT OTHERS:
01 count EDP — 13C4-F
01 count EPD — 13C4-F
injury 01 count EPD — 13 C4-F
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
ASSOCIATED CASE NUMBERS:
Palm Springs Police Department # 1908P-1476
EVIDENCE:
ITEM DESCRIPTION
See supplemental reports
ATTACHMENTS:
ITEM QUANTITY
None
DESCRIPTION
0 Riverside County Sheriff-Form C 442 Continuation Page (Revised 11-15-2016)
FELE NUMBER
R 19 220 0009 CONTINUATION PAGE Page Number:
1 DETAILS:
2 On 8/8/19, at 1700 hours, I (Investigator Dickey # 4204) was off duty and on call for the Central Homicide
3 Unit when I was requested by Sergeant Thurm to respond to the intersection of South Palm Canyon and
4 East Camino Parocela in Palm Springs regarding an officer involved shooting investigation. I arrived at
5 the command POST at 1830 hours and Sergeant Thurm assigned me as the lead investigator, Investigator
6 Trudeau as the secondary investigator, and Investigators Sandoval and Paz as the scene investigators.
7 Investigators Stoyer and Munoz assisted in charting the suspect and officers involved. Investigator Harvey
8 also assisted on the case later in the investigation.
9
10 Palm Springs Police Lieutenant Larson conducted the scene briefmg and advised of the following
11 information. On Thursday August 8th, 2019 at 1617 hours, two Palm Springs Police Officers (Officer # 1
12 and Officer # 2) responded to the intersection of South Palm Canyon and East Camino Parocela in Palm
13 Springs regarding multiple reporting parties that called 911 stating that there was a subject acting
14 erratically in the area threatening people with a knife.
15
16 Prior to the officer's arrival, they learned from police dispatch and their mobile data terminals that the
17 subject was described as a white male adult, wearing a black shirt and camouflage shorts and was armed
18 with a knife.
19
20 At 1620 hours, PSPD Officers # 1 and # 2 arrived in the area and located the subject, later identified as
21 Kevyn Weintraub, walking down the street. Officer # 1 was the primary dispatched officer and Officer # 2
22 was the backup officer. Officer # 2 observed Weintraub and believed he was the person described in the
23 call for service. Weintraub was wearing a black tank top and camouflage shorts.
24
25 Officer # 2 was wearing a department issued uniform and driving a marked black and white Palm Springs
26 Police Department patrol unit. Officer # 2 activated the patrol units overhead red and blue emergency
27 lights and siren and parked near Weintraub in attempt to detain him for further investigation. Weintraub
28 immediately ran from Officer # 1 when Officer # 1 exited the patrol unit. Officer # 1 began to chase after
29 Weintraub for a short distance. Officer # 1 caught up to Weintraub and Weintraub stopped running.
30 Weintraub immediately turned around toward Officer # 1 and hit Officer # 1 in his nose with a closed fist
31 causing Officer # 1 to have a bloody nose.
32
33 In turn, Officer # 1 fell to the ground on top of Weintraub who continued to assault Officer # 1 by hitting
34 Officer # 1 in the face several times with closed fists and causing facial abrasions.
35
36 During the physical altercation, Weintraub bit Officer # l's right hand fingers and would not let go.
37 Officer # 1 gave Weintraub several commands to stop biting, but he would not comply with the
38 commands. Officer # 1 tried to defend the attack and stop Weintraub from punching Officer # l's face.
39 Officer # 2 who was also on scene attempted to taser Weintraub several times, but it was not effective.
40
41 At one point, Officer # 1 was in extreme pain and believed Weintraub was going to bite Officer # l's
42 fingers off . At this time, an officer involved shooting occurred resulting in Weintraub being shot one time
43 by Officer # 2 in the leg. Weintraub stopped biting and assaulting Officer # 1 after he had been shot.
44 Officers # 1 and # 2 along with additional officers who arrived on scene were able to detain Weintraub
45 with handcuffs and transport him to the hospital for medical treatment. Officer # 1 was also transported to
0 Riverside County Sheriff-Form C 442 Continuation Page (Revised 11-15-2016)
FILE NUMBER
R 19 220 0009 CONTINUATION PAGE Page Number: 5 -
1 the hospital and treated for injuries, which required stitches to two of fingers on Officer # l's right hand.
2
3 SUMMARY OF OFFICER INTERVIEWS:
4 Officer # 1 in summary stated in an interview that while attempting to detain Weintraub, Weintraub
5 punched Officer # 1 in the nose causing it to bleed profusely. Officer # 1 and Weintraub ended up on the
6 ground in a fight and Officer # 1 was in great fear that Weintraub was going to bite Officer # l's fingers
7 off causing great bodily injury. Officer # 1 also didn't know where the knife was that Weintraub was
8 alleged to have been in possession of described by witnesses. Officer # 1 described being in fear of being
9 stabbed particularly since Officer #1's right hand was incapacitated by Weintraub biting it and refusing to
10 let go. This left Officer # 1 mostly defenseless to a knife attack.
11
12 Officer # 2 in summary stated he/she fired one time at Weintraub's leg during a struggle to detain and
13 arrest Weintraub for assaulting Officer # 1. Officer # 2 fired at Weintraub because other lesser force
14 options had failed including weaponless hand control holds and two taser deployments and he/she was in
15 fear for Officer # l's life.
16
17
18 WITNESS CELL PHONE VIDEO:
19 On 8/10/19, I viewed a cell phone video taken by a witness (witness unknown to me at this time) which
20 showed an altercation between a group of men on South Palm Canyon Drive near the location where the
21 officer involved shooting took place. This video was taken prior to the officers arriving on scene and
22 depicted Weintraub calling the group of men "Faggots" and wielding a knife in his right hand in an
23 overhead fashion chasing an unidentified male subject and threatening him stating "I'm going to stab you
24 in the back." This video has been booked into evidence by Palm Springs Police Department.
25
26
27 INTERVIEW OF KEVYN WEINTRAUB ON 8/10/19:
28 On 8/10/19, at 1454 hours, Investigator Harvey and I attempted to obtain a statement from Kevin
29 Weintraub at Desert Regional Hospital. I read Weintraub his Miranda rights to which he said he
30 understood his rights but wanted to speak with a lawyer before providing a statement.
31
32
33 INTERVIEW OF ON 8/10/19:
34 On 8/10/19, at 1527 hours, I spoke with over the telephone. is Kevyn
35 Weintraub's father. I told that his son had been involved in an altercation in Palm Springs requiring
36 his hospitalization. agreed to provide me with the following voluntary statement. and his son
37 have been very close to each other while was raising him. Kevyn grew up as a water polo athlete and
38 carried this athletic ability into adulthood. Kevyn lives in North Carolina but came to California on
39 7/31/19 while en-route to a water polo event being held in another country. Kevyn told that the event
40 was cancelled and asked to stay with for a vacation that was expected to last a couple weeks.
41 was aware that Kevyn was having problems at home in North Carolina with his wife that may have
42 involved infidelity but did not elaborate.
43
44 agreed to let Kevyn stay and although things started out going well, they quickly turned for the worse
45 after Kevyn picked up marijuana from a legal marijuana dispensary. After picking up the marijuana,
0 Riverside County Sheriff-Form C 442 Continuation Page (Revised 11-15-2016)
FILE NUMBER
R 19 220 0009 CONTINUATION PAGE Page Number: 6
1 Kevyn started smoking it non-stop throughout the day and night causing Kevyn to deprive himself of sleep.
2
3 Over the days leading up to 8/8/19, Kevyn became increasingly agitated, rude, and displayed very
4 aggressive behavior towards and friends who Kevyn started calling "faggots". had to ask
5 Kevyn to leave his residence in the days before 8/8/19 after Kevyn purposefully missed his flight home.
6
7 I shared with that Kevyn had been shot by the police after he violently assaulted a police officer. I
8 asked if that sounded like something Kevyn would be capable of and said Kevyn was absolutely
9 capable of doing what he is accused of.
10
11 Around this time, Kevyn attacked biting him in
12 the neck and punching him in the face which almost knocked out. required admission to an
13 emergency room and had to get stitches. After this incident, Kevyn started taking medication and went on
14 to have a career in the Air Force. As far as knew, Kevyn hadn't had any other mental health
15 breakdowns.
16
17 described his relationship with Kevyn as loving and they were "best-friends" and "teammates".
18 However; Kevyn's aggressive behavior recently was putting a strain on their relationship. Since Kevyn
19 left residence, Kevyn had been sending multiple hateful text-messages to
20
21
22 SUBMISSION TO DISTRICT ATTORNEY'S OFFICE:
23 This report is merely a summary of the investigation surrounding the facts and circumstances behind
24 Kevyn Weintraub's assault on PSPD Officer # 1 on 8/8/19 and subsequently Officer # 2's action of
25 shooting Weintraub and is in no way meant to be all inclusive of the evidence in this investigation. There
26 is a large amount of information to review including witness statements and evidence. Since the
27 investigation is ongoing, the recommended charges could change. All past and future investigative actions
28 will be documented in future supplemental reports
29
30 I request a copy of this report be forwarded to the Riverside County District Attorney's office for the
31 prosecution of the charges listed above.
32
33 CASE STATUS: Arrest
4:::1 Riverside County Sheriff-Form C 442 Continuation Page (Revised 11-15-2016)