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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 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 * 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)