Goope Cases Jones
RIKLIN CHOATE & WaTSon
calle ales
Se hanete nial
San Antonio, TX 78205
Ms. Sheryl Seuiley
‘San Antonio City Manager
100 Miltary Plaza
San Antonio, TX 78205
Re: INDEPENDENT REVIEW AND LEGAL ANALYSIS OF EVIDENCE
TESTING ON HANDGUN FOUND AT SCENE IN THE MATTER OF
CHERYL JONES ET AL. V. THE CITY OF SAN ANTONIO ET AL., CAUSE
NO.5:14-CV-328, IN THE UNITED STATES DISTRICT COURT, WESTERN
DISTRICT OF TEXAS, SAN ANTONIO DIVISION
PRIVILEGED ATTORNEY-CLIENT COMMUNICATION
Deer Andy and Sheryl:
Below are he final results of my investigation and lege conclusions in egatdst the above
referenced matter.
OVERVIEW
The undersigned was engaged for the purpose of conducting an independentreview ofaspeciic
‘evidentiary mater relevant ‘othe alleged handgun foundon February 28,2014at anofficerinvolved
shooting of Marquise Jones (case number 14044552), and providing an opinion astothe legal liability of
any polceoflicers of the City ofSan Antonio relatedto tht matter. Specially, en independentreview
‘was requesedinodertoasceruin the events and cicumsancesrelevantothe handgun testing on aruary
RECEIVED
MAY 08 2007
LEENAMe AngySegvie
Me Shey Seley
28,2016 ees? years te office involved shooting) ineludng()ananalyssof why the detve
‘was issuedtohave thehandguntestd i) who specify directed tat the handgun se, and why;
(ithe hain ofcommuniations sarounding te actual esing of to handgun) wesheranycptncy
‘scion shouldbe ken aginst the poe officesinvoledin the foregoing mts anv) wheter theCky
tas been exposed to any legal ability asaresultofsume, Below ae naratves fm interviews the
undersigned conducted vriouskey personne ivovedin the handgun testing which offen explanation
ofthecirumstancsenstingat the pointintime the handgun was ested as well asthe undersigned sega
analysis and conclusions.
‘THE INTERVIEW!
1. Detective R. Hines, #2358
Detective Hines (“Hines”) was the lead homicide detestveon the cae, Hines iafrmed the
\dersignedthath crime scene investors atthe scene gathered evidence and nobly, upon jrocesing
‘he scene, ound handgun nearMr Jones" body Dee, Peters(“Petes",naratvebelow) opined
atthe scene thatthe handgun in question was “rst” old and had atextured handle, thusmaking the
obtaining ofrints unlikely. Hines agreed with Peters’ atsessment. Hines dscusedin deal thal the
‘nandgun was indeed mite and in a condition that pints would bea “waste of time” (this fact was
‘omoboraeby oes interviewed), Hines statedthatitsnot“sandard practice tonmprinsatacrine
Atte relevant pint in time, Hines wasin constant communication with he DisetAtomey's
(*DA”)office and, shortly afte the shooting, Hines iledhispreliminary repert withthe DA, Hines statePeet
that there was much dscusion during the operative period oftime of when he ease was goingtobe
resentedto the grand jury. Hines ciscussed tha Susan Reed was leaving en the new Dist Atomey,
‘Nicol dhend was socnto be sworn in anit seemed that the cae ahs poitin time tothe transition
‘ofthe DA-was sled fore few months. Hines believes one ofthe reasons the case may haveslowed
‘ov is de othe Michae! Brown shooting in August, 2014 (6 months afr the Jones shootin).
‘Accordingto Hines, the DA pt he brakes” on he invetigation because dhe Brown case was reilly
‘motivated crime”. Nico Lahood was swom in as DA on January 1,201.
Hires futher sated at in January, 2016, he participated inameting wih he lea chagterofthe
n forthe Advancement of Colored People (NAACP), slong with memters ofthe
National Associ
Command staff Hinestelievesthat Chief MeManusand Chief Trevino wete els inatendance this
"necting withoea! membersofihe NAACP, 2s wellassome community pasos. isimpoctanttnote
thatonorabouthis period of tie, thee was significant amount public sentient being expressed
soutfficer involved shetngs and inpartiulr shootings alvin young Acar American men, For
‘example the Jones shocing was on Ferny 28,2014; six months the Jones shctng in Ferguson,
Missouri and on August9, 2014, asthe shooting of Michael Brown which gained nana pubic nd
rested publisourage ight months arth Brown shooting wa the Walter Sco shooting that occured
‘on April 14,2015 (14montsaferthe Jones shooting in San Antonio). Within thespan of 4 ment,
{here were’ incidentsthet rompred significant focusonshootingsofyoungAfean-Amercen men, AS
‘areal, Chief MeManusandhisconamandsaf.long with community eae, erin fequent meetings
inthe community and atively involved in community outreach oconceredctizensin Sen Antonio aboutMs. Sheryl Seu
Page
allissues relevant officer involved shooting. Thisoutreachffortis ongoing withthe current Mayor's
Council on Poliee-Community Relations
‘With this backcrop in mind, Hines recalls that atthe conclusion of one ofthe meetings with
‘ommunityativiss, concemed citizens and pastors, questions were being ascedby individualsasto why
the detectives onthe scene of he Jones shooting didnot make aneffortoobiain fingerprints onthe gun
Hines believes the impetus forthe testing ofthe handgun found near Mr Jones’ body was ue tothe
‘ones being expressed by members ofthe community during an emotionally charged period oftime in
ur history with thee different shootings of young men all within a 14 month period of time
Hines beievesthaton orabout January 25,2016, atthe requestof Chief MeManus (Not: Chie
‘MeManus has no recollection of sid reques), the alleged handgun was submited the crime lab
‘According to Hines, the crime ab rejected the weapon forany DNA testing becausithad“been handled
by too many hands”
‘Icerecton withthe January 28,2016, fingerprint test on the gun, Hinesbeleveshe wouldbave
called CSI to condi the test fr fingerprints and thet (probably) Set Losoya was the supervisor forthe
‘daylight Stunt. Hines seid he would havecalled Losoya forthe purpose of conducting the appropriate
‘esting for fingerprintson thebandgun,Itisclear-esreferencedbelow-that Spt. Losoyasubeequertly
intructed a civilian employee, Cynthia Hunt, to conductthe testing on thehandgun, which was completed
‘on January 28,2016. There were no latent prints found, Ms. Hunt's nerative is below.
Hines’ oral deposition wasconducted on April 28,2016 and Chief MeManus’depesition was