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PROVIDED ON THE PAGES OF CASE NZOULR/(Zaq [SIARETRUE AND CORRECT TO THE BEST OF MY ~ypreen ‘AT SARTAMABUA, CALIFORNIA, ON 20-2 (DATE)PD 104 SANTA MARIA POLICE DEPARTMENT AT RTA. = 7130: 11550 H&S REPORT BOUR TOD. ous o wy Se = 25-1) noes | F cae Bee ec cen ST ‘sere ° ‘2 CITED © HOY COMPANT © TERR ae re qizay Liven Soen.comoe = Se x sar ae 1 [32-20] 15 [Baw [en | at = 2 4 ye asacit ns a a aT =a = EE — nee — ema roascocane iowerect amore EXAM | AIDS USED: PPUPILLOMETER wrftSHLIC! ‘STAGMUS CHART © OTHER: rasricnen Ta ee WOTOGRAMGR © SAME wre Tent. | Hifores © YES © NO | "ARE YOU UNDER CARE OF OR.OR “az YoU scx oadvaEDI GAVE YOU BUMPED YOUR HEAD? Dens aves No ove Byes No _ Se byes #40 Dye YES BNO ome fae 27. TORI. 0. NYSTAGHUSY urns EQUAL? IAL TRACENO? Bye Kno. Siig 8 anooosior | avis ano fres ono ‘VERT. NYSTAGMUS CLASSELENSES Sexe nen vn sone =e ae = = a ma = ae Tama ma HT Lert : XS mare B44 | sare parE: roe Za | Toe ie. 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"Te VE EATINENT Wa READ TOT ARREST, oxTerBa Srauumecsocstovu eve evo | voummroruicre HOW LONG HAVB YOU LIVED IN SANTA intva Nt DD YOU LAST LEAVE parr nen ‘WHEN Dip YOU LAST USE ( (00 YOU UNDERSTAND EACH OF TEESE = eo BORED EWELEVATEDIAISED O=OOZING S=SCABDED PEPURPLE _‘XaSCAR TISSUE 1 DECLARE UNDER PENALTY OF PEUURY THAT THE FOREGOING INFORMATION. PROVIDED ON THE PAGES OF CASEH_ZEII KL 209 IBYARE TRUE AND CORRECT TO THE BEST OF MY 2 ee EXECUTED AT SANTA MARIA, CALIFORNIA, ON 49-21 / (DATE) los i'SMPD FORM 3/211 SANTA MARIA POLICE DEPARTMENT - 4204 CRIME/ARREST REPORT CASE NUMBER: 2011R11309 NAME(S)/DOB OF SUSPECT(S) AND VIOLATIONS Suspect 1: Budd, John Arthur, Jr. DOB 10/12/74 @ Suspect 2: Brewer, Elizabeth Linda DOB 03/08/70 xs Violation: 11550(a) H&S - Under the Influence of a Controlled Substance & NARRATIVE Ss On 10/25/11, at approximately 1110hrs, | was contacted by Lt. Ginjer.ghd asked to respond to the SMPD to conduct 11550 evaluations on two subje ‘were being investigated by the SMPD Detectives. These subjects were idenilfied as John Arthur Budd (10/12/74) and Elizabeth Linda Brewer (03/08/70). Upon my arrival to the SMPD, | escorted Budd to the 11 amination room. | asked him if he was able to provide a urine sample, and he was Jnitially not able to do so. | “ead his Rights, and told him me. | asked him about his use ising methamphetamine two days ivenously, and showed me a raised ‘methamphetamine. | asked him how 3 last use, and he said, “A twenty’. He off the needles from his syringes. | asked n he uses, and he said he had used almost id also started using heroin at that time, however provided him with water. | confirmed he had alread Thad more questions for him. Budd agreed to spe; of illegal drugs, to which he admitted most rece ago. He told me he uses methamphetamin area on his right inner elbow, where he i much methamphetamine he had used further stated that he discards and bré him to characterize his use and daily since August. He told me stopped in September. gm When | asked Budd abouiNin&dications he had taken, he also told me he had taken an unknown pain medication, he thought to be Norco, which he was given at the hospital, during his medical traarent, post arrest, examinationefer to the face sheet of this report. Based upon my observations and as a result of ‘examination, | was of the opinion that he was under the influence of a us system stimulant, which he admitted being methamphetamine. At itely 1205 hours, | witnessed Budd provide a requested urine sample, using 2 kit, The urine sample tested positive for methamphetamine and opiates. This ‘sample was booked into SMPD Evidence. | then can wae the influence exam on Budd. For details regarding this | then contacted Brewer. | escorted her to the 11550 Examination Room. She had fo urinate at this point, and | put blue dye in the toilet water and gave her a urine sample evidence collection cup. | told her not to tamper with the sample by dipping it into the toilet, or doctoring it with any additional water, and | stood outside the bathroom door. A short time later, | was then provided a sample of urine, which appeared to have not been tampered with, at approximately 1222hrs. Using a field test kit, | tested the urine ssc -23111 '‘SMPD FORM 3211 SANTA MARIA POLICE DEPARTMENT — 4204 CRIME/ARREST REPORT CASE NUMBER: 2011R11309 sample and positive results for methamphetamine were.shown. | later booked this urine sample into SMPD Evidence. x@ | also told Brewer | had some questions for her, as she had earlier been Mir: . and she agreed to speak with me. | asked her when the last time shi used methamphetamine was and she said it was last night, but then said, “! don’ femember the time, or were we where. | was supper high.” | asked her to chargeterize how often she uses, and she said she uses approximately one time a week. showed me a large bruise and raised area on the outside of her left forearm, jist above her wrist, where she said she most recently used. She also showed me, injection shots on the top portions of her forearms, which had recent and older injection sights on them. 1 asked her about her most recent use, and she said she spd at a friend’s house in Santa Maria, She said she used approximately 36 aoe usually “does more than one”. ; | then conducted an under the influence exgisn Brewer. For detalis of the ‘examination, refer to the face sheet of thi wt. Based on the results of the examination, and my observations, | was pinion she was under the influence of a central nervous system stimulant, whict ‘admitted to being methamphetamine. Both subjects were then photo, and later transported to the Santa Barbara County Jail, where they were their charges. @ DISPOSITION \ Trequest this report be, foNarded to the District Atorney, along with the other reports completed, with regahd to this case number and the charge of 11550(a) H&S, also be pursued against pgubjects in this investigation. e Ofc. Boron bht0 ssc: 2a! 10/26/11 O851hrs. ~S oe ssc - 23111 2x MARIA P¢ :PARTME - 2 SANTA MARIA POLICE DEPARTMENT + rotor __{_ PROPERTY CONTROL REPORT paar] EVOENCE (g FOUND PROPERTY ) —SAFEKEEPING C1 SEARCH WARRANT a # s TT —— ROT SSR 7 YSSO MeN eeughentilid tees ex EEE LT Taare SES at rear = = Teen EN [Te OD Sf 22 ae be ee aH Se Beg aoe ee EN av -05he Se ee ee — et a tef mee $98 Comomrgr FT fee eres 8 [oo —=— L << of rea TT SRT Re a a OTS re ace [4 ~ = Sn po oo Lt | tesa Strapeie = Bure ep ot 4Teo O ] wom OD SANTA MARIA POLICE DEPARTMENT [SEZ oa og pens A5use ©] OgcRIME COINCIDENT NYARREST COCITATION Sm fo UE. Gar em Aoletee pwtveR =H, 02.20, TE Some on COOES: V-VICTIM —-DC- DISCOVERED CRIME —-AP-REPORTING PARTY —|-INVOLVED—P- PARENT = W- WITNESS | oo Pawo PG Rgideoel Tawa Te [> Sow — = ECee i, aaah ca Beare ste) PE ah le he He aR] Zoi aS Gee ce T= as vat Ea | Haft Sag BE = a5 i | KR i ae aT a aR [eRe rabnt rrr RT ‘Dimrowcenetose TEs cour ReOWESTED. Dr ciosen ones [etewnc ey aamesr cues Grocoumanroesnen cose I 9 FR FOUN LP HPT PD 100 3DONT errs 28002 2 sso Ge 146 ~) AaTHye, Sh Meo [Bho ea lsa2-ay [S07 TE a OF Ca) O§ estomvece| R93 wewomewce (KG -ssomvece i i ‘Wosrsct on | susenovea | susrectes aT sour, meSMPD FORM 3/211 SANTA MARIA POLICE DEPARTMENT - 4204 ARREST REPORT CASE NUMBER: 2011R11309 PERSONS ARRESTED John Budd 10-12-74 + 664/187 P.C. — Attempt Murder of a Peace Officer Se = 2800.2 P.C. - Felony Evading. Oo * 11850{a) H.S. ~ Under the Influence of a Dangerous Dj + 148(a) P.C. — Obstruct / Resist Peace Officer. 3 Elizabeth Brewer 3-8-70 © + 148(a) P.C. ~ Obstruct / Resist Peace Officer » 11880(a) H.S. — Under the Influence of a Dafigerous Drug. SUMMARY OF INCIDENT ‘The following is only meant to be an overview(otthe incident and is not meant to be a comprehensive documentation of thi sstigation. | reviewed documents information. | interviewed Officer Hery Rodriguez and Officer Felix Diaz. | obtained a preliminary interview fr ificer Fuggs. John Budd and Elizabeth Brewer were interviewed ye. Zickuhr and Detective DeLeija. Comprehensive reports docu i9 this investigation are to follow. (On October 25, 2011 at,098** ours, Officer Hermino Rodriguez was dispatched to 1423 W Calle Laureles: jing a stolen automobile (case #2011R11308). related to this case and spoke with me officers to establish the following Later on October 201 at 0200 hours, Officers were dispatched to 1451 W Via Rosa which is ,ip.the same reporting district and neighborhood as the stolen automobile ref ‘The al aa reported to dispatch that she saw a car with ‘ BFoRen window and noticed two males in a pickup parked on Paseo Palmillax.Paseo Palmilla is in the same reporting district and neighborhood as Via Rosa-gnd’Calle Laureles. ir Rodriguez arrived at the scene and found a pick up parked on the street. pick up was later identified as a Toyota, bearing license plate NED The Dpoccupants of the Toyota were lying down in their seats. Officer Rodriguez ordered the occupants to show themselves and the driver, later identified as John Budd, looked at Officer Rodriguez then drove away. Officer Rodriguez followed the Toyota and activated his emergency lighting ‘equipment and eventually his siren. Officer Rodriguez pursued the Toyota in a DETECTIVE P. FLORES 17310 10/26/2011 PAGE 1 OF3. SMPD FORM 3/211 SANTA MARIA POLICE DEPARTMENT - 4204 ARREST REPORT CASE NUMBER: 2011R11309 marked police car (unit #3412). Budd drove through the neighborhood evading Officer Rodriguez. Budd ran a stop sign at A St, then ran the red light at Betteravia, Rd and A St. Officer Felix Diaz joined the pursuit in a marked patrol car (utit@? #3411) and began broadcasting the pursuit. J Budd continued West on Betteravia Rd at speeds reaching 90 MPH. aug iow the Toyota onto the wrong side of the road and nearly lost contro! gs times. > i Officer Rodriguez said Budd kept applying his brakes and Officer Rodriguez thought it was a tactic by Budd to engage Officer Rodrigué’z and shoot at him. Officer Rodriguez said he's seen training videos were tic was used ‘on another officer. Budd drove through Casmalia on Point Sal Road. Past Casmalia Point Sal Road dead ends at a closed gate. Bu hes his brakes and slid into some posts planted in the ground protecting ats rant. Officer Rodriguez pulled up and stopped behind the/Toyota and stood behind the open driver's door of his patrol car. At gunpoint 2 icer Rodriguez began shouting commands at the occupants of the Toyota. eK Diaz stopped his patrol car to the right of Officer Rodriguez’ car and st hind the driver's door with his gun drawn. Officer Fuggs drove his marked satrol car (unit #3417) and parked behind Officer Rodriguez’ car. “The Toyota's back up lights came(@ri and the engine revved as the Toyota went in reverse toward Officer Rodrigt car, ramming it and pushing it backward. The impact caused Officer Roc ez to lose balance as the patrol car's door struck him. Officer Rodriguez aid he thought Budd was trying to kill him. Officer Rodriguez heard Bian engine rev again and thought Budd was going to ram him again. T! jota was fishtailing trying to hit him again and possibly him or Officer Digz. Officer Rodriguez fired one round and his gun jammed. Officer Rodriguez tri (@ fre again but he couldn't. Officer Rodriguez heard shots he assumed wejes trom Officer Diaz, then the Toyota went forward and drove into a gravel driteway. qT fe three houses surrounding this driveway. The Toyota drove behind a ‘at the end of the driveway and emerged from the opposite side. The Toyota drove back in the direction from which it came. Officer Fuggs stopped in the S' fiveway and was getting out of his car when he saw the Toyota coming back toward him. The Toyota came toward him at high speed so he got back into the patrol car. The Toyota struck the right front part of Officer Fuggs’ patrol car, rendering it inoperable. The Toyota spun out of control hitting and damaging a chicken coop attached to the side of a house. The Toyota comes to rest disabled, on fire and facing back toward the houses. DETECTIVE P. FLORES 17310 40/26/2011 PAGE 20F3. .SMPD FORM 3/211 SANTA MARIA POLICE DEPARTMENT - 4204 ARREST REPORT CASE NUMBER: 2011R11309 Budd escaped from the Toyota into the dense brush where he is later found with >, the assistance of Canine Officer Flick and his dog. Budd was bit during the arre: ‘The passenger, Elizabeth Brewer, was found hiding behind a house and arrael without incident. SX At the Santa Maria Police Deparment Budd admitted being the d trying to escape police. Budd denied trying to kill the officers. Budd waS,eValuated by Officer Jeremy Baker and displayed symptoms consistent wif\CNS stimulant influence. Budd admitted to Officer Baker recent methai mine use and provided a urine sample that field tested positive for mejhamphetamine and opiates. Oo At the Santa Maria Police Department Brewer ad trying to exit the Toyota but fell out. Brewer ad but staying lying where she was found, Brew Baker and displayed symptoms consiste CNS stimulant influence. She admitted to Officer Baker recent meth: tamine use and provided a urine sample that field tested positive for methgrophetamine jing the passenger and seeing and hearing officers % evaluated by Officer Jeramy DISPOSITION oe Budd and Brewer were aresteayerbooked. Forward to District Attomey’s Office. It should be noted that several additional investigative reports documenting this incident will be ‘cubic the District Attorney's Office upon their completion. DETECTIVE P. FLORES 17310 10/26/2011 PAGE 30F3‘SANTA MARIA POLICE DEPARTMENT PROPERTY CONTROL REPORT SAFEKEEPING 0 ‘SEARCH WARRANT C1 Tr woes. Po'ero. 7gproing Supe RES, PHONE NUMBER Te to [OUANTTY DESCRIPTION ~ Arie Brand, Model eee Tooanon SeRAL NuMBER | EROPD PEL 1 |Geoek 22 #2 ea (eanneves) Kh PFQ 1 |Geoek 15, a4 L ed | == IPF 3 Giock (5 povns MiGaewes (Rorecve: = rey | | eo cae eases euamneh_of Gua pes | 1 |Guock 22 40 oa (Diaz) “Y ree | 1 |Geoek wre md Gor) BAO 222_|_2 | Genk / Lanth uessemes (Durr) Ve re | | | ye can goyne at canner me Goss =e (Finder)‘SANTA MARIA POLICE DEPARTMENT PROPERTY CONTROL REPORT SAFEKEEPING C) SEARCH WARRANT (1 RES, PHONE NUMBER eh = _ 4o— Lie, Brand Model, Sze, lag Mine LOCATION Seniwwumecn || BAOPE es Dn fo Furs % a Ae OL {crs eee pea tarry tt tara Pue on Date: Pinder,SANTA MARIA POLICE DEPARTMENT Zoey go4 ‘os T7ql™ ON Gomes | ecm 0 owe | eee 3 [| CFOUOW-UP _f2 SUPPLEMENT STE TO SF RTF RT — SAE RENT rss nc ~EPORE OR Che — ce DORR PRTG on ww BC a ea SET BOT ‘BS unroooen cose Gant mestc.08e0 PO 102 revised $/2008 Bnocounane oesneo cxosto L a zeSMPD FORM 3/211 SANTA MARIA POLICE DEPARTMENT — 4204 SUPPLEMENT REPORT CASE NUMBER: 2011R11309 NAME(S)/DOB OF SUSPECT(S) AND VIOLATIONS Suspect 1: Budd, John Arthur, Jr. DOB 10/12/74 @ Suspect 2: Brewer, Elizabeth Linda DOB 03/08/70 SY Violation: 11850(a) H&S - Under the Influence of a Controlled Substance. ~ EVIDENGE Ss Refer to Property Control Report of evidence which | located, and booked» NARRATIVE x On 10/25/11, at approximately 0200hrs, | was assigned to pagel ‘uniformed officer, operating a narcotics, black and white patrol Unit 348. On this date and time, Officer Rodriguez broadcasted information that he was attempting jo catch up to a vehicle which was blacked out and driving at a high rate of spe Due to my current location in the City, | began wee to the area, while monitoring . the radio. While en route to the area, Officer Fi iz caught up to Officer Rodriguez, and they continued to pursue to the fleeing Based on the number of patrol units, which were involved, | continued to ment the radio, as | came into the area, but did not panticipate in the pursuit. gD While monitoring the radio traffic of tfi°pursuit, | staged in the area of Betteravia and Black Road. The vehicle continuéd Southbound out of the city limits, A short time after that, officers advised that the ie had collided with an object on Point Sal Road. Moments after Officer Fuggsa§vised and broadcast shots fired, aver the air. Upon this radio traffic being broad. began responding from my current location to assist officers, at the terminatio® point of the pursuit. Upon arrival of thextermnination point of the pursuit on Paint Sal Road, in Casmalia, | ‘assumed a perimeter position. | maintained this perimeter position until both suspects had been takéfiyinto custody. After both subjects were taken into custody, Sgt. Valle requestedta Unit to follow the driver of the suspect vehicle to the hospital. The driver was trangparted to Marian Hospital by American Medical Response for treatment of his injurigs am the traffic collision, and canine bite. GP aries at the hospital, | stayed with the subject who had been identified as Budd. mained with Suspect Budd while the hospital staff treated him for his injuries. Upon being released and cleared for booking, | transported Suspect Budd back to the SMPD. After arriving at the SMPD, | collected Budd's clothing, and later booked them into Evidence. While | was booking Buds’s clothing, Officer Miller advised that he had the purse of the female who had been in the suspect vehicle. He then turned this item over SSC - 23111 1SMPO FORM 3/211 SANTA MARIA POLICE DEPARTMENT — 4204 SUPPLEMENT REPORT CASE NUMBER: 2011R11309 to me, and | booked it into Evidence. For additional information, refer to Items 1 and 2, booked into Evidence. DISPOSITION Refer to original report. Ofc. Culver: 23813 SSC: 23111 10/26/11 0914hrs. & wo w we ssc -23111 2SANTA MARIA POLICE DEPARTMENT SS PROPERTY CONTROL REPORT EVIDENCE OF FOUND PROPERTY C1) ‘SAFEKEEPING 0 ‘SEARCH WARRANT aeTwemraer op eine yaouse 3 |e a 53 FOLLOW-UP TOE REE FHT] 20 SANTA MARIA POLICE DEPARTMENT SUPPLEMENT TT TTT TT ne vente CO | = es [ee Ow aaa rane Ra SEIT ROR eel ox = MER SE BAC fs aBSAL ESCO THEIR, vewere (11) Taner aN \dyuenom | 7-25-47 0) SCKSOV) "eye rT Bae A ceca wravaessccosio PD 102 revised 972009 (Ly conc neoucsted 1) cuoeen omen Grocomuntoconescwoses C110 TESGGTEMTOR BEPOSTIONS RUPETVISGR'SON Al FEIDHY CASED YO 0c FORWANDeD 10 DETECTS FOR OSPOSTIONMPD FORM 3/211 SANTA MARIA POLICE DEPARTMENT - 4204 CRIME/INCIDENT/ARREST REPORT CASE NUMBER: 2011R11309 x@ NAME/DOB OF SUSPECT AND VIOLATION(S): P Unknown Unknown Vehicle 459 P.C, RS ADDITIONAL INFORMATION: OL None. we EVIDENCE: Oo 17 each digital images of the scene and items loc: oWre scene. All were later booked at SMPD for evidence. See attacheth photo copy of SMPD PCR. : @ NARRATIVE: xe On 10-25-11 at approximately 0730 he | was asked to located and interview VD ro resides at Rosa in Santa Maria, She was a reporting party to what was possitiiy,zxvehicle burglary in that area, The original call came to the SMPD at approximately 0200 hours. Upon responding, | oreehie ‘above listed address and received no answer at the door. | left my bu: card and number asking that she call me at her earliest convenie \so attempted to call her and received no answer. | left a voice message with my information asking that she contact me for follow up regarding this isSye. wi While | Qrre immediate area of the above listed address | began checking the nethbbrood for a possible victim or victim's vehicle. | saw a pile of shattered glass on the asphalt street and concrete sidewalk in front of @DVia also saw a women's braded head band laying in the gutter of the street int of the same residence, except more to the west and closer to the Cyittersecion. It appeared to be newer and in good condition. It looked out of place and not like an item that someone would intentionally discard. | contacted ihe resident and met with QED who is the son of V ED @BBs2id his father parks his car in the area of the street where the broken glass is. He then called his fathe @]MBvia cell phone and asked if the vehicle hadbeen broken into. After their brief phone conversation which was in Spanish, translated for me and told me his father found the driver door window to the vehicle broken and nothing was missing from the car. Since@¥INl—Bhad to go to work he didn't report the damaged window at that time and he drove to work. | asked where he was at that time an ha didn't know for sure. He also said tha@lworks in the vineyards He had no. additional information. 2) After speaking with@™iliand obtaining the information for this report, | checkeeh™ the street for any additional evidence. In the immediate area or vicinity broken glass, lying in the street, | found a chip of broken spark plug por should be noted that broken spark plug porcelain is a common too! breaking of tempered vehicle glass or windows. In such cases it’ ‘common to find broken spark plug porcelain at the scene of vet rglaries. | took a total of 17 digital images of the scene as | found it te collected the braded hair band and spark plug porcelain. The location @here they were located was also measured through pacing since it didy’Dhave any other measuring device. SMPD Evidence Technicians iso unavailable due to other crime scenes they were processing at that. ERD 210" called and set an spores fet with me on 10-26-11 at 1300 hours. She said she does speak Englishhot she is much more comfortable with Spanish. Detective Delelja assisted me with that conversation. Refer to his ‘supplemental report regarding her rent. DISPOSITION: 9 OFFICER W. JACKSON / ID# 21846aTcome 0 oer abuse SANTA MARIA POLICE DEPARTMENT 1 FOLLOW-UP*2 C) SUPPLEMENT ee BZoiwk 470% ores 74 TFT OTT Tee ae MRE co ease lesser a Da come ey SECT ETE a a = Boar etramoner amar ar ers ——te-wr Gerri Se 7 amie Hae ce a one eaves oe Be Zeon 727610 a SPERECR TORY AL LRT CASED ‘Di unrower-ciose TD comvaa meoves cue oy snesrcucseo UPB 162 raviaod S00 C5 euosen ome ro couruwe cesnen seen D1‘SMPD FORM 37211 , SANTA MARIA POLICE DEPARTMENT - 4204 . SUPPLEMENT REPORT CASE NUMBER: 2011R11309 EVIDENCE p> JD3- Digital recording of inteview wit > NARRATIVE S On 10-26-11 at 1430 hours, | contacted — yas the initial reporting party that led to the pursuit of the Toyola | pickup by from the SMPD. | askedM@l—Bwhat she observed the morming that she cal otce ED et me the following. /as leaving her residence that's located ai work. believed she left to work approximate! work is located atthe comer sidence is located of" AS@EEEBwas leaving westbound on. W, Wis Rosa, toward S. A Street, she stopped at the intersection of Paseo Palmilla and ndtiogd her neighbor's car with a shattered driver's side window @@iibdescribed her ni .or's vehicle as a small dark colored car. The neighbor's vehicle was patked westbound dh ite street offiDVia Rosa Street just west of Paseo ee: natcep eek colored pk ia Rosa ED was en route to Jen minutes before 0200 hours. ia Rosa and Palmilla. pickup parked at the end of her house, on Paseo Palmilla. The pickup w ig north on the east side of the street, oticed two people inside the truck an b ed that the two people were male: told me that she thought that the 0, s of the pickup may have had something to do with the shattered window from her 1's car. Bas 13 ASS that she wanted to stop and cal the police at the time she noticed the ickup, butbeodme frightened and decided to call when she got to work. QB had never seen a up before. ernon ITION I request that a copy of this report be attached to the original report. De Leija / ID# 23610 'L _ A IRIN} ome wie vin’ Fa DINAN) Bo OniawPrDs Tea | | ¢ab tHE WSGWNN WEBS ‘NOLWOGT E "ez POW ‘PURE "ey — NOLLdIOS30 “ALUNYNO [ON WELL Q suxannco 205, Te] Se g Frave Brash 7 To) oa — ao S'aee gs 976 - DF wD 27 Tse 7B] 8 masa — oye €dL (GLE 92 SOP ze rs BREE Baer San ‘CaNMO SPRL ‘UBEINNN SNOHd 'S3U Boer TOE» ese 1 LNvubYM HOHWaS 1D SNId3B4VS LdOdaY TOHLNOS ALYadOud ANSW1LHvd30 30M0d VIEWIN VLNVSware cae o ‘SANTA MARIA POLICE DEPARTMENT TTS 7A ido? a meee. la? podlamarrer” ance BRBORE GaRMNT [coves vem _c-asconnpemn wanronmoray cowowe ppmat wiwnest | OB fm gu SS SE em a Tr ereatouey Pas FRE Sa as en numer Doo" TST roe TREAT oun vec TOO aR ome ae aT ar =P T= frostanon a 7 we cece a = 2 Ba ea eoan aren er wr Bie vewcue (000 |" es aE ar fem One aoe = a =x __ — ST ce) anea [ ore___[ era CRE DEA A ALP er OTS Cosas seater oe ee sow thi RESEHED TEP eo a PD 102 revised 97200526 HANIG? Sea RE CT RTS SRT rat uta ee fee la fg Aer yaa ees hor oF om |ala |~ lropryry |ser"["i¢0__|areo ” sees ee cedandar Lee Eee OR Be | roncaeness Sat rey i [rane onor SITE TEATS [ATE FOE SRSEE INES winy CSoMPRaNS ONOnEA Orie Coane Conn < [SoyeaurDrsrosmone () ANEMENALL () RELEASEDTO ‘Dereon FRET MOO ewe As ORL co Bacar SS WIE Soe ease Ramey ezwon : ica ene ws a =e mm 1 [Skbsjo [3572 [ee [sea = a ee Teawsreur mer ASE = NERS OH NTS AROSE TERROR | SORES SnBacive wm OeotaeRaTs Guowen Ceara C euncon OnE = ] [oronucorcaon: C a0rais lk EMELEASEOTO 2 rr a ostomuece|O% wedomvwcu|O% -e4omvece Sem mo TRE a a aE Bee Bam borers SE OF GRID SEARS OME DRESS: Prone RRS STOO FRETS wg RE RES GR ATCO ay as TOE Farien Claunnoan Om ceo TRS Toa mas ‘fiome] suerscres | _susreorsa | suersor.s a" conarl = a concn | comUED = = elo ‘|B Gh coosaree Gino: |e tama ere siz 07 | rast Rare, [rors ~ tian [EN eepimmeot 7 eee Baim, feiauanms [Pe «lean noe eae Bie uma |C weoim | Cumoow FS [BiB iirscsom [raamneutnromarensricn roomate $s et a} esos lan ex cpvonow [igi ts ween cs aiaaewcs” — (pu UBUD wan Be Bi scece farses jena 1as209 ince lagavenacor (Gai ag se creo lina ese NEED stneaoecn (a as joo sia ea errrens (PROATE PRRECHTS ARRERT AGAEEMADEY SRR PR Tan Naa eemonee a | [lret a i | sone oeSANTA MARIA POLICE DEPARTMENT — 4204 SUPPLEMENTAL REPORT CASE NUMBER: 2011R11309 NAME(S)/DOB OF PERSON/S) INVOLVED AND VIOLATION(S) ‘Suspect 1: Budd, John Arthur DOB: 10/42/74 ‘Suspect 2: Brewer, Elizabeth Linda DOB: 03/08/70 Violation(s): 664/187 PC ~ Attempt Murder @ x NARRATIVE toa call foken out. jch time the fe 3 (Emergency On 10/25/11, } was on patrol in full uniform and in a clearly marked, bla unit. | was in the area of Stowell and College. Officer H. Rodriguez resp of a suspicious vehicle in the area where a vehicle window had Officer H. Rodriguez attempted to make contact with the vehicl vehicle fled. A vehicle pursuit ensued. | then began to =e Call/Lights and Sirens) from the area of Stowell and College. The pursuit proceeded westbound on Betteravia outsid ity limits. | proceeded to follow until instructed by Sgt. J. Valle for units to reduce parked at the intersection of HWY 1 and Betteravia when | heard Officer S. Fuggs-put out radio traffic, saying they were coming to a dead end on Point Sal Road. (Shortly after, | heard an individual advised of shots fired. I then proceeded to resp6hd Code 3 to the termination point of the pursuit. Oo | arrived on scene and began to set up’@perimeter, parking my vehicle south of the location until additional SMPD units rived on scene. | then took up a perimeter position on the southwest per hile | was sitting on the perimeter, located directly to the northwest of 5 @ residence, to the west of me was another residence and to the south of gne was one more residence. A K-9 announcement was made multiple times, ot ibjects to come out, otherwise the Police K-9 would find as. them and bite them. A team was formed using K-9 Officer P. Santiago, Officer S. Fuggs and Offeerg) They began to cofduct a search of the area, at which time they located a female, later identified as th Linda Brewer, hiding underneath straw. | immediately ran over to assist as | -Brewer into custody. S2-Brewer was approximately fifty feet away from my pasition when Officer P. Santiago yelled at her to show him her hands. S2- Brewer}ypmediately complied, showing her hands. S2-Brewer had a purse on her whi 's later booked in by Officer D. Culver. For details, see the PCR (Property cont Report). S2-Brewer was placed into handcuffs without incident. -Brewer complained of pain to her left leg, neck and back. S2-Brewer said she had been “thrown,” out of the vehicle. When the vehicle made a left-hand turn, S2-Brewer spontaneously stated that she had just gone along for the ride. S2-Brewer asked me what she was being arrested for. | advised her that for the time being, she was being arrested for 148 PC — Obstructing Officers’ Investigations. | advised her that she made no effort to reveal her location and had covered herself with straw to hide her location. | walked S2-Brewer to the AMR (American Medical Response) ambulance which had I Kauth 90083SANTA MARIA POLICE DEPARTMENT — 4204 SUPPLEMENTAL REPORT CASE NUMBER: 2011R11309 been standing by. AMR Personnel then began to examine her. During the examination, AMR paramedics asked her if she'd lost consciousness at any time. S2- Brewer advised AMR paramedics that she did not lose consciousness at any time. | followed behind the AMR unit as they transported her to MMC (Marian Medical Center)>, ~~ Once at MMC, S2-Brewer advised me that she wanted to know what she w: jer arrest for. | advised S2-Brewer that she was under arrest for resisting ‘afrest and delaying officers’ in their investigations. | advised S2-Brewer that she was tinder arrest for this due to the fact that she actively hid from officers and since st need of medical attention, she did no attempl to flag down of get in contagt/of any police officers. | also ‘advised her that she advised paramedics that\she had not lost consciousness at any time and was capable of summoning fficers for help. | also advised her that due to the close proximity she was to my lgcation (where she was found) that she heard the K-9 announcement since | heart clearly. It was audible throughout the entire perimeter area. S2-Brewer sporftanbously stated that she was scared and that she had just been along for the ride., She Stated she did not know why, but she ran from the police. & S2-Brewer was later cleared from MMC witt ‘diagnoses of a neck strain. | later transported S2-Brewer to SMPD where shoes interviewed by SMPD Detectives. For further details, see the other reports. >). DISPOSITION R request that a copy of this rep6qt Be forwarded to the Detective Bureau for review. | also request that this report bp forwarded to the Distict Atfomey's ofice for review NFI. * se Oo Officer A. Miller: 217k SAK: soosa/02grypazehnrs SC ® o & Kauth 90053SANTA MARIA POLICE DEPARTMENT GFOLLOW-UP = GrSUPPLEMENT TD alco salen xes at eo, OC crosevomen, Brocamuncemencioxs Sra PD 102 revised $/2009 TP aes FLOM MSIEATONMPD FORM 3/211 SANTA MARIA POLICE DEPARTMENT ~ 4204 SUPPLEMENT REPORT CASE NUMBER: 2011R11309 RATIVE On Tuesday, 10/25/11, at approximately 0200hrs, Officer Rodriguez and Officer F. were involved in a vehicle pursuit. For details regarding the cause of the pur to the original crime report, 2011R11309. The pursuit terminated in Casmalia, zt ‘occupants of the suspect vehicle fled on foot. Sgt. Valle arrived on scen ents later and requested additional officers respond to the scene. RS | arrived several moments later, and established a position on the ‘peyimeter. Once Canine Officer Flick arrived on ‘scene, Officer Rodriguez pointed-in.the direction the suspects were last seen running. The area in which the mal identified as John Budd, Jr., ran was a thick brush and wooded area. Officer Hotton, Officer Schneider, Canine Officer Flick, and | went to the area where Budd st seen. Canine Officer Flick made several announcements ordering anyone in the area to come out or the dog made approximately four cer Flick, Officer Schneider, would used to find them. Canine Officer announcements, There was no response. Cai Officer Hutton, and | began to search the wooded Approximately thirty yards from where OffigépFlick made the canine announcements, we located Budd lying down in a thick bash area. | illuminated Budd with my weapon mounted flashlight. | ordered Budd iow his hands", The other officers began ordering Budd to show his hands. ‘remained still, lying face down, with his hands ‘out of view. Officer Flick ordered SMf ine Targo to bite Budd. Once Targo was released, Officer Flick began ae to put his hands behind his back. SMPD Canine Targo bit Budd on per left arm, Officer Hutton, Officer Schneider, and | approached Budd. Bd still had his right hand undemeath his body. | grabbed a hold of Budd's right anand tried to pull it out underneath him, While pulling on Budd's arm, Twas yelling { to "Stop resisting!", and ordered him to put his hands behind his back. Buddicofitinued to resist by flailing about and kicking officers. Eventually, | was able to pultuid's right hand out from underneath him. | placed a handcuff on his right wrist. SMPD Canine Targo was ordered to release the bite. Once the canine released the ‘grabbed a hold of the suspect and cuffed him. | turned Budd over to Officer Schfelier. Officer Schneider walked Budd out of the thick brush area, and to nearby rs. AMR was immediately dispatched to our location. AMR arrived on scene, and {ated Budd in the field, and transported him to Marian. At that time, Officer Hutton requested Cpl. Vega come to our location to continue the search for the second outstanding suspect. Cpl. Vega and Officer Mathews arrived on ‘scene moments later. We continued our search for he second suspect until we were nolified that she was taken into custody by another search team. SSC -23111 1‘SMPD FORM 3721) SANTA MARIA POLICE DEPARTMENT — 4204 SUPPLEMENT REPORT CASE NUMBER: 2011R11309 DISPOSITION Attach a copy of this report to the original crime report under case 2011R1 13089. x@ Ofc. Totorica: 23480 SSC: 23111 10/26/11 0941hrs. ssc -23111 2a) pen aause SANTA MARIA POLICE DEPARTMENT [2X7 a o COFOLLOW-UP = CASUPPLEMENT. for feat Sao, — co x ETRE UDR EW | SAN — LEE TT ENE RTT RETRAIN PEON [error Oi OCT ONE OR a an pee as ee Si oem a ETT ORTON [a oo = ar crv aroma | aS Ree ger TET Sam sine ‘Dicooe ewroncen, | vericur (Jl) geno a re a ar oe cn Foe Sagara jcceries Sou Goa ae Bi ma pee ae on Comer awn oes, @ | < jae oot tec or Tae EAT UAT] “SET yh | bin bbheemv ae POZE GB cuonco rramestexoste Srocomnunecsnencosts C10. ron room vr srt PD 102 revised 972000 RECEIVED ont > & 211SMPD FORM 37211 o SANTA MARIA POLICE DEPARTMENT — 4204 USE OF FORCE K9 REPORT CASE NUMBER: 2011R11309 NAMES! DOB / OF SUSPECT 2) Budd, John 10/12/74 CF EVIDENCE Se Photographs NARRATIVE WwW On Tuesday 10/25/2011 | was working uniformed signed as K9-1, with my partner Targo. | was dispatched at 0223 hrs, to 367B\Point Sal Rd in Casmalia, for a pursuit that terminated and the suspects fled frdmthe involved vehicle. | arrived at 0228 hrs, (See Officers original report). “ Upon arrival | contacted the primary Offi ec Ofer Rodriguez, who advised me of the description of the subjects, the outstandifig wants, and the direction in which the KS announcements via the public Aduress system in the patrol vehicle. “This is the Santa Maria Police Departme: init, you Need to come out now or | will send in the dog he will find you and he will.bite you”. Upon completing the announcement | gave the order for my K9 partner (@,bark, which he did. It should be noted it was 0230 in the moming there was no vefile traffic around the search area, and the announcements were audible on all the perimeter, and acknowledged by Officers. ‘suspects fled. A perimeter was i stablished by assisting Officers, and | began Santa Maria PoliGe Department K9 Unit, this is you last and final warning you need to come out | will send the dog he will find you, and he will bite you". | again gave the com ‘for my KQ partner to bark, in an attempt to lure the suspect(s) out of the woods aad surrender to Officers with negative results. It should be noted the suspect wage approximately 30 yards from where the announcements were made. After waiting seat a minute, | gave a second announcement. “This is the o The suspect fled from Officers leading them on a long high speed pursuit posing risk of injury to the public and Officers «The suspect resisted arrest by attempting to run over Officers using his vehicle and refusing to stop, fleeing from the his vehicle + The area in which the suspect fled was a heavy wooded area with thick vegetation which posed a Officer safety risk by searching it without the K9. Officer S, Flick #9012 1SMPO FORM 3/211 SANTA MARIA POLICE DEPARTMENT — 4204 USE OF FORCE K9 REPORT CASE NUMBER: 2011R11309 1 began my search at the location the suspect(s) were last seen by Officer Rodri As | approached a barbed wire fence | again gave a verbal announcement. “Thi Santa Maria Police Department you need to come out now, or | will send in t will find you and he will bite you". | ordered my K9 partner to bark, and neg ‘wi approximately one minute with negative results 3 | gave the command for my K9 partner to begin searching the ao rie time | had my K9 on a retractable leash, with approximately 8 ft of leash began searching and my partner immediately began alerting me that he wi ing up odor of the suspect in the area. My K9 partner found the suspect's hetaperoninetly five feet into the search area. It should be noted the search area-was a heavily wooded area covered by thick vegetation, and bushes sopronmatgy fon high you could not see the ground, or 2ft in front of you, there was no light and\e/heavy cloud cover. 7 the suspect's shoe approximately 15ft from, whfgre he found the hat. At this point the vegetation was so thick | was unable ise a lead, or a retractable leash. | disconnected my K9's leash and gave-him the command to search the area. Targo began alerting me the suspect ait he east, and began searching. Targo located We continued searching, and K9 Targo was we the east. My K9 partner located the suspect hiding approximately 20\{2et in front of us in thick vegetation. K9 Targo bit the suspect on his left elbow id’him until assisting Officers and | were able to get to the suspect. x Q [As | made my way to the uspect | ordered him “DO NOT FIGHT THE DOG, LAY STILL AND SHOW US YOUR HANDS”. When | reached the suspect, which was approximately 20. ids from the time of contact with K9 Targo, he began reaching with his right hand ‘into the front of his waistband. The suspect was laying face down covered in bfuSf'and was attempting to pull from Targo’s bite. 1 again ordered the ve suspect "ShOw’ me your hands, stop fighting the dog’. Due to my training and experien! pects who flee from Officers usually are hiding something i.e. weapons, or narcbijés. The suspect later identified as John Budd continued struggling and would n ly. Fearing for my safety. and assisting Officers, | kicked Suspect Budd in the rightShoulder / neck / cheek area. The kick impacted the right shoulder and due to my table platform my foot continued grazing Suspect Budd in the neck and cheek. It should be noted it was extremely thick vegetation, and | was unable to gain footing, or a stable platform to keep my balance. The kick was intended to distract Suspect Budd, and have him show his hands. The kick had negative results. ‘Suspect Budd continued to fight and attempt to craw! away. | again ordered Budd "Stop moving, show me your hands". At this time Suspect Budd pulled his right arm out from underneath his body. | was holding onto K9 Targo's collar and was going to give the ‘Ofticer S. Flick #9012 2SMPD FORM 32211 SANTA MARIA POLICE DEPARTMENT - 4204 USE OF FORCE K9 REPORT CASE NUMBER: 2011R11309 release command; When Suspect Budd kicked me in both my legs. His kick causeg fe to lose my footing again and | began to fall back. | was able to regain my footing, &fid stepped on Suspect Budd's legs to prevent him trom kicking me again. | orderai\Bucd vn again “Stop Resisting’. | gave the command for K9 Targo to relea: e di immediately. Assisting Officers placed handcuffs on Budd, and he was, on the area, An ambulance responded to the scene, and Suspect reese Q transported via ambulance to Marian medical center. | responded to ero photograph and interview Budd. Upon arrival | contacted Suspect Budd. | notified hirprofwho | was “I am Officer Flick, the K9 handler’. Budd stated "man it's my fault, | shoblD/have not ran, | just don't want to go back”. | advised Suspect Budd | had somedestions for him regarding the dog bite, and he stated that he would be willing to talkto ine. Suspect Budd stated “I fucking love dogs, but this hurts. This is how | got of’parole”. Not understanding the parole ‘statement | asked Budd what he was te bout. Budd stated “I am on parole for petty theft with a prior. | stole a bag of food and got caught. | love dogs, it's my faull man*. oP Suspect Budd stated he wa8,running and hiding from the police because he was on parole and did not want i back. He stated he did not know anyone or the place STATEMENTS OF SUSPECT. where he was hiding. -Eudd stated "I was stupid man, | just did not want to go back, I'm a PAL”. He stated pe id not hear the K9 announcements. He stated he was lying on his back in the ah on believes he may have taken a nap. Suspect Budd slated he was tripping; fing to using methamphetamine. Suspect Budd would not elaborate on the wwe wae NS CONT: the ILD. techs photograph Suspect Budd's injury. | observed several puncture oe to Budd's left elbow. The wounds were approximately 1 to % inches in length, \d there was swelling to the left elbow. There were minor abrasions to the elbow area. oF spoke with the attending E.R. physician, Doctor Weber who advised Suspect Budd's injuries were non-life threatening. Office S. Flick #9012 aiSMPD FORM 32211 SANTA MARIA POLICE DEPARTMENT — 4204 USE OF FORCE K9 REPORT CASE NUMBER: 2011R11309 DISPOSITION @ ‘Suspect was transported via ambulance and turned over to assisting Office Sgt Valle was on scene and advised. ‘The suspect's injuries were photographed, and booked into evidence A copy of this report forwarded to the commander. ‘A.copy of this report forwarded to the District Attorney. y Sgt Norling K9 Supervisor was notified. Q A copy of this report forwarded to Parole. x See Officer Rodriguez's original report. w PN OMe ENs Officer S. Flick #9012 4jaeome Oo ven asuse 5 ponies] SANTA MARIA POLICE DEPARTMENT [S57 COFOLLOW-UP = &J SUPPLEMENT 00 11204 29 CETTE TO FEET | TOR ge {CODES V-WCTM _UC-DASCOVERED GAME PREPORTNG ARTY I< WOLVED nas connor [SV EOE TRE RATS WETS CRT] ESE ae Deze /23410 ‘Bh unsomnoen-cioesa DB ciemen or amerresoseo SPDT? revised 972005 EDGR OSPOSTIONS SUPETSORS OH AL FHDWT CASED o G seconmuin oesven cso a ewosen ohne Bi ie faTEBE AIT | ADOTIONAL WOUATONS co Zouk UG TET RODE EA ORRT Ta Sten Peewee evizager Lied r rae ee Ear ear fo3-26-76 [59 [ut geo pe Goaotiere cA 9343 +e4omzece s 3 : : 5 $ ; 3 «= ma 7 1 | peasumem, Genres Seemann Came Gore = _ Te sseecr [Tn 3 erect an tc ro tac aus (Baw Ee ees Bago Bae ren, Bact Baga Begone aaa geese” ered Baas. lems Be troe (tae eee Hac eps Begs |seee (Bb — eee ca oa cum —— 1 8 ot Ch a Baio Ramer: joggers, (ona Baie Er Bee. [BEE on [Ee Ebon Sia |i eer eee ET ead Biagio |Bemccr.. (smear eee. aga (Baan Bae Be POTS PERSONS NET NRT Raa a Eee ecamaw oan moor‘SMPD FORM 3211 SANTA MARIA POLICE DEPARTMENT — 4204 SUPPLEMENT REPORT CASE NUMBER: 2011R11309 x@ NAME/ DOB OF PERSONS AND VIOLATIONS & Brewer, Elizabeth Linda (03-08-70) > ADDITIONAL INFORMATION It should be noted that Brewer was the passenger in the Toyota pickup'tfiat officers from the SMPD pursued to Casmalia. After Brewer was placed under arrest at the crime scene, sI ‘transported to Marian Hospital for a medical clearance for booking due to a compl pain to her neck after the pickup she was in collided into a post. After the medical¢learance, Brewer was placed inside Interview Room #1 of the SMPD. mS - 2) The following is a summary of the interview | canted with Brewer. EVIDENCE S JD1- DVD of interview with crsnnags JD2- Digital recording of interview with Blizabeth Brewer. NARRATIVE we On 10-25-11 at approxit 140430 hours, ! was called in to work to assist with interviews at the crime scene (Casmalla) and at the police department. At approximately 880 hours, | conducted an interview with Brewer. The interview was conducted in ot raph interview room. The interview was recorded via video and digitally. J began the,iglérview by advising Brewer of her Miranda Rights. Brewer said she understood her righte\and agreed to speak with me. | asked Brewer to tell me what occurred today and she told maine following: Brewer initiated her statement by telling me that she couldn't remember much about what happened, stating, *I was really, really high,” I was really trippin’ out,” “I was scared and didn't want to get arrested.” Brewer's statement became confusing due to the fact that she would lose her sequence of events. De Leija / ID# 23610 1‘SMPD FORM 321 . SANTA MARIA POLICE DEPARTMENT -— 4204 . SUPPLEMENT REPORT CASE NUMBER: 2011R11309 Brewer said she had an argument with her boys (her adult children) during the night and left their residence right after. Brewer said she “slammed” crystal meth right after leaving the (2) residence because of the argument she had with her children, Brewer said she “slam thirty dollars worth of meth and stated she's used to only using twenty dollars worth, Bréwer then called her friend (John Budd) for a ride. Brewer said she and Budd parked.i unknown location in Santa Maria to talk and the next thing she remembers ‘ruck hitting something the first ime, and then tuming the comer as she was holding 0} use she didn’t want to fall out. Brewer ended up falling out ofthe truck and hitting a metaNénce where she tay down in between a bush. Brewer said she was hearing pigs and ducks where she was an‘ SS that there was a dog on the other side of the fence, She couldn't believe that no. ld see her. She said she was able to see a female officer and heard that officer talkinggia person and saying to that person that f they saw anything to call 911. Brewer alsoxremembered seeing a helicopter as ‘well and at that point believed her friend had got shot._C\’ | asked Brewer if she remembered hearing any red, Brewer initially told me that she remembered it happened a few seconds after I out of the truck. | asked Brewer if the shots happened after she fell out of the truck: quickly remembered that the shots occurred when she was still in the truck. jer later said the windows blew out with the gun shots. | asked Brewer if her friend (John om. ever told her to get out of the truck. Brewer only said that she didn't remember and didhjt know what to do and added that everything happened very fast. 3 | asked Brewer if she eveKtossed anything out of the truck. Brewer told me that the only thing she remembered is setting a “loogie” outside of the truck because she’s been trying to get ‘over her cold. S DISPOSITION I request that a copy of this report be attached to the original report. 189 a S De Leija / ID# 23610 2Gopal ‘peur per ong a mutes Soe HO Raed mud pun expen | ‘Pere ee Bait ore? — : jaaseang jar ~pusai~’ go oiewnae mame | 7 | 2a | ormee — 4S 300-3 223 Magebety han MBinasri ap GAd| 7 | 7a TRE Senn ass: NOUYOI “BaD "eae WOON Ea SPRY — NOMAOSSO “ALN [oN wa Bae ral | (Rae 926-5P up WD 72 GGNMO SWaU | WIEWNN BNOHA "SB 1D LNvuuYM HOHWaS: 41HOdaY TOHLNOS ALYadOud ANSWLUVd3G 3OMOd WIHWW VLNYS O oNaaavsRECEIVED OCT 3 1 201 SANTA MARIA POLICE DEPARTMENT ee Wh ay ClceInae DaINCIDENT CaRRest DerTaTion por ERE 4 Bp bine (ori) | wscome Oo O | bey asuse o B Ve pe eo WN BCTB Pow Sas ee TyaGSSTe [cones viv OC-BSCOVEREE GAME RPCREFORTAGTARY —_Tanaur por _wowmess | Cl ian rng. Sa TAT RTT a a ae Barely [Se Marne Feu Henmvee 2 cay ATES as cm er coe oorcoa, 1 er Cy | “ | Saran aaa 7 Se reel RE mere am att Snes Sinan alo Giumeractem __recanamscmenem Ee rove mesons FO 100MPD FORM 3211 SANTA MARIA POLICE DEPARTMENT - 4204 INCIDENT REPORT CASE NUMBER: 2011R11309 NARRATIVE ¢ On Tuesday 10/25/2011 | was working uniformed patrol assigr 1, with my partner Targo. | was dispatched at 0223 hrs, to 3678 Point S: in Casmalia, for a pursuit that terminated and the subjects fled from the vehicle. Cy While conducting the search Officers Schneider, Totoricasand Hutton assisted me. Once we located the subject and K9 Targo was on Officer Schneider (former K9 handler) and |, advised Officer Hutton to move right side (opposite of the K9 application). Officer Hutton was advised sev ies but was unable to do so completely, due to the vegetation. Knowing ho@*ify dog releases when taken off of a bite, | wanted Officer Hutton completely nS @ After taking K9 Targo came off of the age ficer Totorica advised the suspect to put his hand behind his back. When the suspect made the motion to put his arm behind his back it was @ swiping motion in irection of K9 Targo and me. As K9 Targo is, trained he took this motion tening manner towards him or me, and made a motion to reapply (bite). Of jutton was still in the same position, and was bitten. K9 Targo bit his left calf lgying one puncture wound approximately ¥% to 1 inch. In addition it tore a hole. ‘Seer Hutton's pants. Once K9 Targo bit Officer Hutton he knew that Officer Hytige’was not the suspect / threat and released his bite without command. OfficoCBltion was treated at Marian, sO DISPOSIT| SghoHing and Sgt Valle were advised. 2 xigpeogephs were taken of Officer Hutton's leg, Copy of this incident forwarded to the Chief and Ops Commander. Officer S. Flick 90012 'VED OCT 28 201 OVENTLE SUS CD. Tar cam oO ‘SANTA MARIA POLICE DEPARTMENT ons oO een asuse OLR 30°% — oO - oO CO FOLLOW-UP ‘O& SUPPLEMENT as 7 TTC GETTER AIOE FT srabasanat! pear pours RSS ET WET = rE T® [coves vivctin OC-DSCOVENED OME _nP-REFORTHORAATY I< MnOUVED Wo MTNESS o ae coca OPE] PON TS RETO PRATT os a | tom V = Be omer ESE Bewrinat . ino ear ern vencee HO tual ea a emote mare rao ESR SarstinGo /asrt keto U LBM ini Sc verso Ry M tO TORRE TEETER Cacenco erases Brocouuenoeamco costs O10 er son i064 PD 102 revised 8/2008RT] TTT aa UARII30F a - S | xo BUDO Jou ATR | 5 [Bee (AUR HAR = ia some 3 | ee leer - B [Bae Ss E [eee a © eer amor omen = no * he am FORE 5 NED 1 NE ame SIRT TORE OT TOON TT as araenow Gaerne Bawssenra —— ar cENTS s |Gmee™ [btewee™s etrzapem Uo © | Bibs [EP ade OE er st Y ee ele 8 |e” ee pashan oro © poo e S rexnnss ROR TITER 2 eraomerRTT a NED > | soamsam Ommmane Duane Orie Goanom Come Smad ueeme Boars Gracoeare SE SCR RE Ca s [2 TE aE © [ESe Ee a — a ad 8 | Sea” Gem EOF CARS se P | cee nase a [rome nooress ee e © hexmmnasmrmmaT — © pecrcrmnrenneer aie aa — FD 2 fag ana Caco OONER Mat reerted svowtrnat Bs sa =e ar mG aes EE ee Stee iadndaicon’ [cana esoue( 62 88 Ban Ina sa as Bagchee feos Bed schon [patna Bore Weer [oer ae gt mma fe ancee «lamer isuecr bans towne (Enea cine |G Es eenea Beer: eee ai (adie |e | = Saber ferme ea) fezsocame 1 A Biaearan ummm [Cvenow _|C vwoom ae en Bhigiomen |S ——— aterm. | ena niommronercn nome co Gn CoN come = fel | TOUsH Bar nx rear ees Baton fentmamem — [enrapincs nt feceemcorc (aaa ame” [giana fantpros |p a Bg acco. ae Beztb ecw |B at Ce ee Beatson” fens peg not me aioe smon |GHten aa ue |iea Ge teen cero |x Ecee Sedans [Engh eau [ER sane | ep jesuonawr [OOO [eves essrors RITE PERSONS AEST AGREE Seay eae arcane comrs,| sou otSMPO FORM 3/211 SANTA MARIA POLICE DEPARTMENT - 4204 FOLLOW-UP/SUPPLEMENTAL REPORT CASE NUMBER: 2011R11309 NAME AND DOB OF SUSPECT(S) AND VIOLATIONS: Budd, John Arthur / 10-12-74 / Same as original x@ Brewer, Elizabeth Linda / 03-08-70 / Same as original D> ADDITIONAL INFORMATION S ‘This report is a supplemental report to the original and should be attached. Thraiptbu the report my police service dog will be referred to as “PSD”. 9 EVIDENCE oy None NARRATIVE Oo (On 10/25/2011, at about 0223 hrs I was contacted by K-9 Sprieor, Sgt. Norling, He requested I respond with my PSD to 3678 Point Sal Rd, in Casmalfa. Sgt. Norling told me that there had been a pursuit that terminated in that area and the ages fled from the involved vehicle (See original pursuit report for details). oS When { arrived, 1 contacted the on scene 3S Sgt. Valle, He told me that the pursuit started in the city and ended in Casmalia. ver of the vehicle attempted to use his vehicle to ram police. The male driver fled inig the thick brush and there was possibly a passenger that also fled into the bushes. It was where the passenger fled to. Of, Flick was already on scene with his PSD. Sgt Valle had,Ofe. Flick and his PSD track the driver (refer to Ofe. Flick’s report). Sgt Valle had me andpy PSD track the passenger. There was no description for the passenger. Re A perimeter had alreSQy been established by assisting Officers. I requested two officers assist me in the search for the passenger. Ofc Fuggs and Ofe. Salinas assisted me. Prior to my arrival, Ofe. Flick made K9.affouncements via the public address system in his patrol vehicle. Of. Flick informed mgsthat he stated the following; “This is the Santa Maria Police Department K9 unit, you need 1¢ out now or | will send in the dog he will find you and he will bite you", n be noted it was 0230 in the moming and there was no vehicle traffic around the search. fnouncements were audible on all sides of the perimeter, and acknowledged by Officers. CSRrer waiting approximately one-minute, Ofe. Flick gave a second announcement. “This is the Santa Maria Police Department K9 Unit, this is your last and final warning you nced to come out now or I will send the dog he will find you, and he will bite you.” Based on the information provided to me by Sgt. Valle, I determined that the use of my PSD was warranted. My determination was based on the following: OFFICER P. Santiago /1D# 21578!e 'SMPD FORM 3721) SANTA MARIA POLICE DEPARTMENT - 4204 FOLLOW-UP/SUPPLEMENTAL REPORT CASE NUMBER: 2011R11309 oe refusing to stop, fleeing from the vehicle oC ‘* The area in which the suspect fled was a heavily wooded area with Pein which posed an Officer safety risk by searching it without the K9.__. SS ¢ Itwas unknown if the suspect(s) were armed with weapons. Q © The suspect(s) fled from Officers leading them on a long high speed pursuit pc of injury to the public and Officers © The suspect(s) resisted arrest by attempting to run over Officers using thei PSD started tracking from the suspect's car. My PSD tracked aroufhihe above listed residence to a large fenced in area. When we got to the fenced in arca, | saw. thir there was a large dog inside the fence, running freely. My PSD tracked to the tng acred did not see anyone im the area, and I did not see any gates leading into the fenc equipped my PSD with a hamess and long line. 1 gave my PSD Ort to track, and my At that time, Ofe. Fuggs told me there may not have Fuggs told me this, ! heard Ofc. Flick and his PS| contact with Budd and asked him ifthe was ak but the passenger was ejected from the car, 'a second subject/passenger. After Ofe. ychended the driver, John Budd, | made ‘the car. Budd told me there was a passenger, “drove around the house. Not knowing if the passenger was inj My PSD again tracked to the sam fenced-in arca. My PSD was pulli 20 feet away from us. As 1 eto the area with my flashlight, 1 saw what looked like a ert F still hiding, { decided to detail my PSD out again. idvin area. | began to look for a gate Icading into the person lying next to the fende The subject was not moving and partially concealed in the grass, My PSD began to ba 1g on the subject. I made another announcement and stated, “Santa Maria Police’ganie out with your hands in the air or I will send my dog.” incement, | saw the subjects hands raise into the air. Ofc. Salinas and Ofc. “subject in handeuffs without further incident. The subject was later identified as +r. She told us that she was injured. Medics were dispatched to treat Brewer and sported to Marian Hospital As I made my wou be noted that my PSD never made contact with Brewer. Brower gave up during my K-9 uncement, Brewer was lying in the path where Budd drove his car. DISPOSITION Trequest a copy of this report be attached to the original report. OFFICER P. Santiago / ID# 21578?L SANTA MARIA POLICE DEPARTMENT [CSE7. q ZouR- 1309 COFOLLOW-UP {SUPPLEMENT [PST |e SEE BTR SRERTRE LWT STOR — CTBT Sa TA a ae MOO ATTEMPT MURDER = WeWiA Ro: 301% Post SA Rp. CASHALIA See oeon EL USCOVERED CRM APREROMTND PANTY Y-BMEED. PANT W- WTS RE SRE ROMO TRE] "RobRIGUEZ . HERING i | [Abo Hemme — a Aan Sir ue. Homorcn free OO) — E> = tm B r a Creme; | W-2 [PUGS SHAuIN. “Hh vewce (OM) aefiewuae 20nq7 ° PFa/3i/p Ri a a pit SOR SORT AI IT CREDO SORTED TS TETEETESTOW ‘Si twrownoeociose. Tey cana USTED ‘Cy eaoee> Oren. L.. Gleonaurmenaos __ocanamonsmenccers 70 cara besnaon PD 102 revised 9/2008TeaoUL MOTE 2%c0.2 VC INS PC__US50 HS s : ; Pp ; 7 $ 3 : are oO 8 or : 2 = a i se : = ee SCT ute OF GAN) TTOOS aN “TRANSIEN © | rams NENT 3 = £ leo ET — ——_— = Serene fame Saas No — $ | Beare ~ — Ss eves 7 we = iS P| Cerrone ‘ona 5 ROR § | recmenrroner oe oe hae rf aa sas ae a NED Wy. o FATHER CI GUAROUN (2) oR I [ Pare ea a | ar Tame |gaees’ [pos ae eee = eee. Beas ae = fs a oo a ED over esata Ba |i ee — LS ae 1 CFB) ecorscoous | ae a Fj a 2 e eSMPD FORM 3/211 Page # 1 SANTA MARIA POLICE DEPARTMENT - 4204 SUPPLEMENT FORM CASE NUMBER: 2011R-11309 NAME(S) / DOB OF PERSON(S) / VIOLATION(S) x@ BUDD, JOHN ARTHUR JR. 4 | 664/187PC - Attempt Murder “ L a BREWER, ELIZABETH LINDA / 03-08-70 / 148PC - ResisUDelay/Obstru ADDITIONAL INFORMATION > enor 9 EVIDENCE JZ-1 - Gunshot Residue Kit from Rodriguez JZ-2 - Gunshot Residue Kit from Diaz JZ-3 - 15 digital photographs of Rodriguez and Diaz JZ-4 - DVD-R containing Budd interview video A NARRATIVE At On Tuesday, October 25", 2011 at 0250 hoor, received a phone call from Sgt. Flaa. Sgt. Flaa requested | respond to Casmalia to assist in the investigation of an officer involved shooting. S Upon arrival to the scene, | assist iin initial scene security and spoke to SMPD. personnel to learn what had heQy See patrol reports for details. Sgt. Flaa requested | retugn@’SMPD, contact Officers Rodriguez and Diaz, collect Gunshot Residue tromtyarhands, and photograph them. At 0505 hours, Rédrigiiez accompanied me to the detective bureau. | opened an Arrowhead Forensics Gunshot Residue Kit 4 Stub Box, pulled out the instruction sheet, and e sd the instructions step by step. See attached copy of the MI instructiog formation sheet for details. The kit was sealed and put into enone PD. | took 7 digital photographs of Rodriguez in his uniform and equipment worn during the incident. see hours, Diaz accompanied me to the detective bureau. | opened an WI snead Forensics Gunshot Residue Kit 4 Stub Box, pulled out the instruction Sheet, and followed the instructions step by step. See attached copy of the instruction and information sheet for details. The kit was sealed and put into evidence at SMPD. | took 7 digital photographs of Diaz in his uniform and equipment worn during the incident. At 0800 hours, | interviewed Budd at SMPD. Detective Deleija was present during my interview. The interview was video and audio recorded onto a DVD-R and later booked into evidence at SMPD. The following is a detailed summary of my DETECTIVE JASON ZICKUHR # 20497 / DASMPD FORM 3/211 Page # 2 SANTA MARIA POLICE DEPARTMENT - 4204 SUPPLEMENT FORM CASE NUMBER: 2011R-11309 interview with Budd. For full details of our entire conversation please review the >, video. S | asked Budd for his personal information. Budd provided his full name idiot birth, address, and phone numbers. Budd stated he is currently livi sister at 4600 Royal Oak Rd, in Santa Maria. He added the home is (805) 364-0940, Budd stated he had a “Straight Talk" pre-paid‘cellular phone assigned phone number (805) 266-3811. Budd was not sure ifofficers already had his cell phone or it was left in the truck. oO 1 asked Budd if he was on parole. Budd stated he was~cuirently on parole for 666PC - Petty Theft with a Prior assigned to Agency a of the Santa Maria Parole Office, , | read Budd the Miranda Advisement and askei\him if he understood his rights. Budd stated, "Yes Sir.” 1 asked Budd to describe what happer aS judd stated he was sitting in the truck with his friend, Elizabeth Brewer, at in the area of A St. and Via Rosa. He added they were just talking abot problems dealing with her 3 boys. Budd stated a police car approach e thought to himself he didn’t want to go back to prison so he initiated 2 pursuit. He added he thought there was a chance he could get away. & pursuit. Budd st je believed he had a Parole Warrant for missing an appointment, an ing in San Luis Obispo County. He added the officer might have thought fie @as prowler being that is was so late and he was sitting in a car. | asked Budd me $8sumed he would be going back to prison prior to the be Laske ‘who the truck belongs to. Budd stated it belongs to his friend > He later state requested he move the truck to avokd being .d for a registration violation and told him he could use it if he needed to. ked Budd if he had any “dirty test" recently. Budd stated he did have a “self ission” test failure for methamphetamine. | asked Budd when the last time he used methamphetamine was. Budd stated he injected $20 worth of methamphetamine two days ago, | asked Budd if he still feels the effect of the methamphetamine. He stated no. S | asked Budd to describe in detail what occurred just prior to him taking off in the truck, Budd stated he was nervous and thinking he wanted one more day of freedom. Budd stated Brewer asked him what he was going to do. Budd stated DETECTIVE JASON ZICKUHR # 20497 / DASMPD FORM 3/211 Page # 3 SANTA MARIA POLICE DEPARTMENT - 4204 ‘SUPPLEMENT FORM CASE NUMBER: 2011R-11309 he told Brewer, “You can get out now cause I'm going, 'm going.” Budd stated the, officer was already at the door so he took off. Y | asked Budd if the officer had him stopped at the park, Budd stated asx was stopped at a 4 way stop just looking at the truck for a while. Budd, the officer lit up the truck with a spot light. Budd added he felt like the uldn't see them because their seats were leaning back and there ‘ele personal belongings behind the seats blocking the rear window. Budd stated Ys the officer pulled his vehicle closer, he must have seen Brewer. oO | asked Budd which direction he left in. Budd stated oe around in the general vicinity of the park for “a quick minute” whife‘ie’ contemplated. Budd stated he drove out onto A St., then westbound on\Betteravia all the way to Casmalia. Budd laughed at his decision because fie‘knew it was a dead end. | asked Budd how many police cars he seen Gna him. Budd stated 2. | asked Budd if he seen the police car's red lights.dnd heard the sirens. Budd stated yes. | asked Budd how fast he was going. Budd stated he did not know because he never looked down to check. | asked Budd what occurred sone at the dead end. Budd initially stated he skidded but made an uninterrupted left turn into the private driveway. Budd described a bullet striking thé truck, breaking out the front driver's side window, feeling debris blow pase he left side of his head, and finally shattering the front windshield. O° | asked Budd Hit poe. slated he might have hit fenee pole but he was not sure: ildd then stated he was pretty sure he hit something. | asked Budd to thinkvabout the dead end and colliding into the pole. Budd now stated when Wace into the pole the force pointed him towards the private driveway. Budd di ribed the gunshot occurring as he drove up the driveway. | asked Budd wt jirection he was traveling when noticed the gunshot. He described seae st, | asked Budd if the truck was in drive or reverse. Budd didn’t answer. Fold Budd | was at the scene and noticed the bent pole he struck and traction marks. | explained to Budd it appeared to me the truck was placed in reverse. | asked Budd if after colliding into the pole if he had to put the truck in reverse to make the turn into the private driveway. Budd stated that was possible. Budd stated so much was happening he can't recall exactly what happened. | told Budd it was my impression the officers shot at him when the truck was in reverse. Budd stated events were becoming clearer to him as we spoke about DETECTIVE JASON ZICKUHR # 20497 / DASMPD FORM 3/211 Page # 4 SANTA MARIA POLICE DEPARTMENT - 4204 SUPPLEMENT FORM CASE NUMBER: 2011R-11309 what appeared to have happened. Budd stated, “I did maybe hit reverse now that you mention that.” | asked Budd why he put the truck in reverse. Budd stat because he hit the pole and was stuck. | asked Budd if he ever intended to o: harm to the officers. Budd stated no. Budd stated he is not like that. Budd.atided this was not fun and he just wanted to get away. O | asked Budd why Brewer did not get out of the truck, Budd state may have taken off to fast. Budd stated Brewer jumped out of the truck untiqndunced when he was traveling fairy slowly around the back side of the(fasidence at the termination point. AS | asked Budd what occurred next. Budd described ag ‘around the residence, ‘coming back around to the driveway, getting rammed’ by a police car, losing control of the truck, and coming to a stop near an Sufbuilding. Budd stated he got ‘out of the truck and began to run. Budd stated hf Jost both shoes and hid in some brush. Budd stated he laid in the brush for avfile and never heard the police K9 waming. He added he would have come,gi'to avoid getting bit by the dog but he didn't hear the warning. oe Deleija asked Budd what was thigh out the window of the truck during the pursuit, Budd stated he mee ‘out of his window. This ended our intariow. «G On Wednesday, 5. 2011 at 1000 hours, Sgt. Flaa requested | write a search warrant och green 2000 Toyota Tacoma pickup truck used in this pursuit. The truck flad been towed from the scene and stored as evidence at the SMPD offsite, Ea, ‘The search warrant was reviewed by Senior Deputy District tere icola and signed by Judge Patricia Kelly. See attached copy for further. it a lab request for the truck to be process by SMPD Crime Lab personnel we it with a service copy of the search warrant to SMPD Crime Lab Fvisor T. Suteliff. 9 DISPOSITION Forward to primary investigator and District Attorey's Office. DETECTIVE JASON ZICKUHR # 20497 / DA‘SANTA MARIA POLICE DEPARTMENT PROPERTY CONTROL REPORT Caso# Zowr- \\ SAFEKEEPING (1 ‘SEARCH WARRANT C1 OficerResshing Ropar: Nomen? SsZiexunR "2euq7 _——| i DESCRIPTION — Article, Brand, Model, ee Gunsvor RESIDUE Kit FoR Reomavez JGUNSWetT RESwuE Kar FoR DIAZ Bw DiiTAL PHoTOS oF Vet & V2. 2Game) 2 SANTA MARIA POLICE DEPARTMENT [cee Zoup-uace | i oh 3 PROPERTY CONTROL REPORT SUE USC. Es EviDeNce Dt FOUN! PERTY O SAFEKEEPING C) SEARCH WARRANT 1) ES. PHONE NUMBER, DVD-R CouTawine | Berd IareRviEKO VibzO sep —— |e, DESCRIPTION — fice, Brand, Model, sai T LOCATION ‘SERIAL NUMBER | ESBOE | tr (Finder) PO ToE esa aeL oO zane 5) ero 8 SANTA MARIA POLICE DEPARTMENT [SEZ 71359 3) cme 5 | Cromow-up — GesUPPLEMENT [9r[B[O RTA FEO] OST PT FAT RTT oR TE ORT er ew sa eo — 0 OSCOVERED ORME __RP-REPORTNG PART Paar _ wwe w games | coves: vv iow com [Ea ERTS RET ETTORE w TE a zi De Levan /23610 ‘Siuwoon Clecenewsramesrcioses 'PD 102 revised 9/2009 “li Aon POTIONS SUATVRORS NY AIL FELOWY CREESTO Tey orca EOUESTED Ey nocounan ocsren cuseo TORRRSE TO TE RCTVES FOR ORPOSTION i cuoste omer Gr‘SANTA MARIA POLICE DEPARTMENT - PRINCIPLE CONTINUATION FORM (CISUSPECTS LISTED ON REVERSE SDE jase ZUR 304 VER aE Woo, CLOR Bary 7 arate — rene OG] | [ire ce a ee tee oe raooRess a (loontacren PORK AOURESS(SCHOCE FPUVENE) ‘EoD ae The ~ eg Mee a ee (8 Jvewcce [i] [y) Q Coyes Ove a shh pe = PRGORESS: Boowracren a = = ae «ove ho —E mao venete (1) aG Dra Or Se PoE aT FST OE BREST eR ea aa val S = —__ S = ia ea - as Si aane veroc.e [i] Dre Ov pm Oe — = je ak re a wr AGREES TaCHOOL FIER Pre “nouneS” ee \ om —/gE0" lvewere [7] Ia Dye Dre. Sook ase AS, AAT, SESS WEY Taek soar ae SE I ae | ADORESS: (% ~ [Prone |conTs w s [asec | camagaag hen a Se no oe rate ie = vewete [7 f} i ves Ome ee Oe oe — oe re . Oe —TBeomens | a fre er Vor DE WooEL - fe Dre lvewcue (7) | De Cn0 Chacon, PRAGALES USTED ON CONTAIN Fon Darcort evoivED veces ov CONTHRUATION FORSMPD FORM 3/211 SANTA MARIA POLICE DEPARTMENT — 4204 SUPPLEMENT REPORT CASE NUMBER: 2011R11309 XO ADDITIONAL INFORMATION y the The following are interviews conducted during a canvas of the neighborhood | 3400 block of Point Sal Road. Detective Best conducted interviews at this locaijor as well (see Detective Best's supplemental report for further details). EVIDENCE o JD4- digital recording of interview conducted at int Sal JDS- digital recording of interview conducted int id. NARRATIVE Ra ‘On 10-26-11 at approximately 0900 hours, Leontacif®o residents af@ Point Sal Road. They were identified a: asked the couple if they heard anything on the early morning of 10-25-11. Ora told me. ‘she was up at around 0230 hours that moming because her sleeping schedule was@ifferent due fo the fact tha@works the night shift @lwas awakened by there. @®D told me she believed there ei? vehicle and then two police cars with lights and sirens going after the speeding cat id there was a space of time then two additional police cars with lights and sree wed by two more police cars without lights and sirens. Bic re aise the front yard of his house with his flashlight and asked the officers what was but they didn’t talk to hit then went to his backyard to check why their sensofdight had tuned on, but nothing was located, At0915 hours, icted the residents ai§Point Sal Road. They were identified aD met me at the front door and | asked him if he had heard jorning that there was a car chase gi told me that he did not hear anything anything onthe becaus is not at this residence and said he lived somewhere else. | then contacted =: si asked him if he heard anything and he told me that he woke up hearing all the Si fom the police cars said he walked out to see what was going on but all he sawwere police cars. (QQ 26 me on the phone later in the morning and told me that she was awakened by all the sirens at approximately 0230 hours {liremained in her residence throughout the whole incident. De Leija / ID# 23610 1‘SMPD FORM 37211, SANTA MARIA POLICE DEPARTMENT ~ 4204 SUPPLEMENT REPORT CASE NUMBER: 2011R11309 On 10-27-11 at approximately 1540 hours, the resident f Point Sal Road called me on the phone. He was identified yee me that he lives himself and told me that he heard what sounded like race cars and sirens from police, approximately 0230 hours on the morning of 10-25-11 told me that ther approximately nine police cars that passed by his hous did not hear afier all the cars passed by. ing else DISPOSITION x Oo | request that a copy of this report be attached to the original. De Leija / ID# 23610 .002 prep -201 94 (opus era “pauce su i guanen aroge ge Knee Kpwed span ep se a aim og a 9 oun ep 0 say anc ‘shen urs ka pret io) pectin a0 OLNSGT SOMOS w swe eo hou of] futon ms Saeenrsit nu, sou 045 0 area a sy fondo ua Fu 0509 EAD eo 000 ‘ech 30 NUN pore] 8 o3nB93y nous aanz034 searg094 a0 NOUVAWOSNI SOvEOIS SBRAL Ferman mat — oa yee EDS OSM wa mamas WE FEDS REN TE ROT TS 7 1 TARE [_ Senn mes ROLWOO eH eS "RON BUDE BUY ~ NOUAIUOESO "ALUN ON WEL ore —— “OY Wer aia San ese) AEs a5 07-3 ee | ee GaNMO Swan | UaEWNNBNOHG ‘Sau ‘Sesuagy saw 4 Asvi | qudsengoraenea rw oa ed en |Z. pare ess ures vag oman 0909 ae » oifpuen, O ANVEuWM HouVaS © ONIdaaya4vS DOEIITIDZ @ ose A1WOdaY TOULNOOD ALYSdOHd | ANAWLHWd30 30M0d VIEW WINYSToemraer O] varecae op ove 8 | seme | OFouow-ur 28 SUPPLEMENT fox SANTA MARIA POLICE DEPARTMENT [CS=7 20M 15 I4 SERRE TMT IETS ET FORTE FAT | OTTO — ETHER OR TT oF TR ET TE | COTTE, ro [RP-REPORTING PARTY —_1- VOLVED Beta coma Bowe fen Baers ea SUP) El cooeerrocen Seamer Blom ree, | Sgosr Arion ‘Bpeecries OMY Hari 8 om venet= CO ion wes a aE De ‘Guvomcewcioss Sr course FD 102 revised 972009 TsDEWEAOR DsrOstTONs SUFETVSOR'S OUD) AILFELON CASED TO BE FORRDADED TO DETECTS CG ctesntowvanmeercioseo Drocowusrcenrencseo 070 Ey clas ones‘SANTA MARIA POLICE DEPARTMENT ~ PRINCIPLE CONTINUATION FORM Zor Di suspects LISTED ON REVERSE SIDE ose CODES: VIVICTIM WIMTNESS DG-DISCOVERED CRIME RP-REPORTING PARTY [INVOLVED P-PARENT ZonRH3oF So a i Ra So = = ras ie ecm ee nee ae ove five SS oe Cres Cis0 a S sa Beowmcreo eae Ses at re ke ——— ee fo esse (2) Oo De ore a SE meta a | ADORESS: a Boowrscreo poor << MAKE Cove Be as eae] sre =e vencue 1) i Fes co aor om ee —— Come oe ves Zo oe ae le Tee a oe vere (1) B) a ves Ce a oma i OE — AOORESS: — Tre CONTACTED EE . Sa _——- Ovex | i SS Ene oe encie (2) vO ve Cho Crray GR ice ome — [oes Ts sae iz i , ‘and he had never seen the suspect vehicle in the area at any of his neighbor’s homes. He %\ did not know John Budd Jr. or Elizabeth Brewer. > WW [ contacted who said he was asleep and was awakened by the several shots, and vehicles driving around at about 0230 hours said ime he got up and got to an area where he could see all the vehicles had stopped were police everywhere ¥MNNBBsaid he did not see any collisions or anyone said he did not know anyone who owned a vehicle similar to the suspeGt Yehicle and he had never seen the suspect vehicle in the area at any of his neighboRS homes. He did not know John Budd Jr. or Elizabeth Brewer. {contacto QHIIIININD ho said she was asleep and was Wakened by the sirens and vehicles. She woke her husband @™said she did not’aé outside or look out unt everything was ove@@¥ND said she did not see any e¢ilisions or anyone running said she did not know anyone who owned a vehicle ithilar to the suspect vehicle and she had never seen the suspect vehicle in the arcajat‘@y of his neighbor’s homes. She did not know John Budd Jr. or Elizabeth Brewer. > i ja and I contact Detective Deleija spoke wit because Sfiewas Spanish speaking onl; ted she did not hear or see anything and shesvas asleep until officers knocked on the door and woke her up. She did not 1yone who owned a vehicle similar to.the suspect vehicle and she had never seen trast ject vehicle in the area at any of his neighbor's homes. She stated she does not know(Iphn Budd Jr. or Elizabeth Brewer. | aT TTED 1¢ was awakened by the sirens, several shots, and then vehicles srhome. She did not get up until the noise stopped because she was too look outside. She did not see any collisions or anyone running. She did not ‘know | le who owned a vehicle similar to the suspect vehicle. She stated she had seen war trick at her neighbors, QD coverat ies. Ske did ne the make or model the truck, She did not know John Budd Jr. or Elizabeth Brewer. SReonced rere: first contacte QED vho said he was asleep and was awakened by the sirens. (QRRBBBD sis he looked out his window and saw dust everywhere. He saw the suspect vehicle backing away until it stopped where it was currently parked @EEDsaid because of the dust he could not see anything that happened after that. He did not know anyone who owned a vehicle similar (o the suspect vehicle and he had never seen the suspect DETECTIVE RIDGE # 22612 / DA 23379 05-11-11SMPD FORM 3/211 Page # 3 SANTA MARIA POLICE DEPARTMENT - 4204 SUPPLEMENT FORM CASE NUMBER: 2011R11309 vehicle in the area at any ofhis neighbor's homes. He didnot know John Budd Jr.or — G, XS Elizabeth Brewer, > then contacted who said she was asleep and was awakened by the sels and vehicles at which time she woke her husband. bs: she did not go out F look out until everything was over. id she did not see any collisio me running said she did not know anyone who owned a veliicle simi shape ‘suspect vehicle and she had never seen the suspect vehicle in the area at any of Hig ne ighbor’s homes. She did not know John Budd Jr. or Elizabeth Brewer. tly seen a newer 1 ko ED bo the neighbors stating they hac green truck at their home. They both stated they have a fri ives a green full size To: Ford or Chevy, but they don’t know anyone who drives a newer Toyota. I spoke with all three children in the hom« who stated they only heard sirens and saw dust whejtthey looked out, I then assisted by escorting several of the i ‘out of the crime scene, so they could go to work or school. ‘After the Crime Lab and the Trai refine completed processing the scene I began the process of having the ve wed from the scene. It was determined the vehicle Officer mee was driving, wnilg]3417, had been disabled during the incident. The suspect vehicle IEEE as also disabled and City Motors responded to the scene to tow both vehicles. Unit #3417, jen to the city yard for repair and the suspect vehicle was taken to the off site ae faced in the evidence bay for processing, Unit #3412 was damaged durin; 15 intident, but it was still drivable, That unit was driven to the city yard and left for repair, Cait #381 and the Supervisor's Unit #3416 did not have any apparent damage < ‘were driven to the police department. Ofieg llon had now been assigned to maintain the perimeter and the crime scene ‘De crime scene was cleared and I seized the log from Magallon and later booked it a idence, SRI. © Bisposirion Forward to Cpl. Huffman. DETECTIVE RIDGE # 22612 / DA 23379 05-11-11VEHICLEREPORT Se Se eae tea, Brivo tor oo SS _ —_ NE tOD a ae ee ae er ” — tee foare —oy —_ e, adh ee ise ne Y, CA van Le ~ i} Lb. 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SHESBSERBS5E8S25 cael Rec 89 es em Ce EE Ta X i i / |SMPD FORM 3/211 SANTA MARIA POLICE DEPARTMENT - 4204 ‘SUPPLEMENT FORM FOLLOW UP #1 CASE NUMBER: 2011R11309 NAME/DOB OF PERSON(S) Rodriguez, Herminio Fuggs, Shawn Diez, Felix John Arthur Budd Elizabeth Brewer wac<< EVIDENCE PEA Glock 22 PF #2 Magazine from PF #1 PF #3 Magazines (2) from pouches PF HA Bullet from chamber of PF #1 PF #11 Digital audio of interview with Off PF #13. Digital photographs of officer's fi se NARRATIVE ‘On October 25, 2011 at 0300 roar contacted by Sergeant Flaa and asked to respond to Casmalia, CA re in officer involved shooting. Later at Santa Maria PD | m@twith Officer Rodriguez and he handed me his Glock model #22 pistol (PF #1{.f removed the magazine (PF#2) from the Glock and removed a round } from the chamber. | also watched Officer Rodriguez remove 2 reoganite (PF #3) from the pouch on his belt. | photographed the items and booked thefff'as evidence. On oO '5, 2011 at about 0950 hours | interviewed Officer Rodriguez in an SMP cOnference room. xs :MENT(S) of ‘audio recorded the interview which was transcribed by Police Records Technician Delia Aguilar. Copy of transcript is attached to this report DISPOSITION Forward to District Attomey’s Office DETECTIVE P. FLORES 17310 1412/2011 PAGE 10F1October 25, 2011 Interview with involved parties: Officer Rodriguez: Herminio Rodriguez Detective Flores: Paul Flores Detective Huffman: Michael Huffman LT. Ast: Dan Ast Attorney: Dale Nowicki 3? SMPD Case# 2011R11309 “OF RODRIGUEZ: H-E-R-M-I-N-I-0. Ww FLORES: Herminio? RODRIGUEZ: Yes Sir. x FLORES: 10-25-11, 0950 (background nofgé) okay, um Herminio I think the best way to start is just if you telugnat happened. RODRIGUEZ: Okay. AST: Real quickly let’s suscamySatie everybody that's in the room so that we can get it on tape. FLORES: Okay I'm Deifctive Paul Flores, uh, Detective Huffman, Lieutenant Ast, Ast; ‘sorry, uh, Officer Coria, um Officer Rodriguez uh, Herminio Rodriguez and I apologize, | left your card out. NOWICKI: riofobiem, Dale Nowicki. FLO! fale Nowicki. Okay, alright uh, you're not under arrest, you're not detained uh, I just wanted to know what, if you could tell me what hargned )DRIGUEZ: Um, | was inside the station. I had just got done taking a 10851 report for a stolen vehicle um, I turned in the paperwork and I was in the station talking to a couple officers that were in here and I said “Okay I’m gonna go back out and see if | can try and find this vehicle” um, so I start heading down south cause I think maybe its in the area. I don’t know and, and the report on that one came out that it happened between 11 o'clock last night, 2300 and midnight or 12:30, in that time frame so I know it was fresh. Um, so I go drive around that area, WhileI'm going towards that area I hear a couple units who are also assigned to Beat 3 uh, receive suspicious circumstances call. The reporting party on this call says that um, she’s driving to work. She sees a vehicle that looks like the window had been busted out and there was a truck that was parked at the intersection of Via Rosa and another north/south street, I don’t remember the name of it. Um, there was a truck parked there and there was two people inside of the truck. She thought it was .@) suspicious. I didn't know exactly where this address was so I looked o oe my phone. On the map I saw that it was two blocks north of where just taken this 10851 report and thought it was suspicious, mayl are back out trying to take another vehicle or someone is breaki vehicles. Um, so I start heading that way. As soon as I get se cat tell dispatch I’m in the area. I start driving down Via Rosa -stbound on Via Rosa and I’m looking left and right down the ro: ofcan find this vehicle that has a broken window. I don’t ogee Vehicle with the broken window, but I get to the intersection of um, Where the call came out at and I look left and I see a truck shacks on the left. I shine in there and | don’t see anybody sitting insit truck. So I look right and I see a, a dark colored smaller sized%trtick that’s parked on the curb or on the street that’s next to the cur} I shine my light over there, but the windows are dark, its di tant see inside the truck. So I drive over towards the truck um, and{ park behind it for a second. 1 think I'm going to get out and go se; there is I just decide okay 1 will s see if 1 could see anybody i in it corner of the front driver somebody is leaning back a1 jere is anybody in it, but in case the car and I will just pull up and 's soon as I get towards kind of the / Tcan see on the passenger side they're looking at me out of the corner of their eyes. As soon as I at I stop, I get out of the car, pull my gun out and my flashlight because I don’t know what they're doing hiding from me for some, mn. Um, I point my gun at them, my flashlight and I start giving them/commands “Let me see your hands! Let me see your handel’ Get with probably 5 ft and the driver pops his head up with the seat, lo me and just kind of nonchalant turns the car on, throws it ifp@rive and takes off. No lights, nothing, he’s flying down the street 1 don’t know how fast, probably in a residential probably about 55 or 60. I’m already, I get inside my car. I’m trying to catch e vehicle. | put out on the radio I'm trying to catch up to this that’s blacked out um, | still don’t have a plate for it yet. | turn on Gry lights. As I'm fumbling with the lights I must have hit one of the S ‘switches on the panel, the sirens not working. So I’m still trying to put it out and he’s going basically in a big circle in this neighborhood. Still driving crazy, tires spinning, losing control of his truck and I'm putting this out. At the same time I’m trying to fix the switches and figure out which one is wrong, why my sirens are not working and by the time that we get back around onto Via Rosa and we're going back northbound onto where we basically started at um, we go back southbound, back to Via 2Rosa and at this time Officer Diaz is in the pursuit. I can hear him on the radio. He’s going back westbound on Via Rosa I think that’s where he put it out. Um, this time the vehicle continues and goes towards A strect, makes a left onto A street and I think right about this time 1 figure out which button it was, my sirens are going on and then he makes a westbound turn onto Betteravia, Um, this entire time I’m still trying to catch up to try and get a plate for it. 1 get close enough to where I can kind of make out a plate. I think I'm missing just one number so I speedy up alittle more to try and get the plate. Get the plate and put it out, the entire time after that Officer Fiaz, Officer Diaz is putting out information on the pursuit because he is too in the pursuit. Um, driving for a while, he’s, the vehicle is driving erratic going, y the opposite lanes. Um, I don’t know if there is vehicles comin/spinning his tires, he’s all over the place, all over this road. Um, d of back off a little bit cause I don’t know what he's getting re: lo and maybe about a half hour into I see little taps on the os) he slows down just a little bit, we're still going about 80, 75, 80, down this road. ‘Um, and then all of a sudden he slams on the bréaés, tires are screeching, he turns the wheel it looks like to'here I have to hit my brakes to where I don’t run into him and pee kind of goes off into the dirt and then keeps going a little bit more, 6utomatically I’m thinking he’s trying to hit me, he’s trying to, o: me hit him, make me crash. Uh, Officer Diaz is behind me. Thro} ¢ dust and everything that's going on he puts out or he thinks #y@-vehicle TC’d and so after he realizes the vehicle is back on jad he puts out we're still continuing, he’s still driving erratic, 'mstiftén him, he’s going still about 80, 85. Uh, we're still continuing down Idén’t even know what road it was. We end up going towards Casmalidjand I can hear Officer Diaz saying this. I have a GPS on front so 1 cén'sée the roads that are coming up and he makes a right hand turn oj e last street where it dead ended. 1 don’t know the name of it. Um, a ‘¢ makes that turn real quick, kind of loses the back end of it stilhdriving reckless. Um, we think he’s throwing stuff out of the back Bi ¢ there’s stuff that, debris that’s coming either out of the windosf) Somebody is throwing it out, its just coming out of the back of the ¢ don’t know. Um, so he gets down onto this dirt road uh, the lastroad that we were on and there’s dust all over the place and I in front of them that there's a gate in the distance with a sign on i know that it’s blocked off down there. Somebody had mentioned, [ (@ad heard somebody saying that there’s a dead end down there. I didn’t S ‘know if they were talking about before he had turned off or this road that we were on. Um, so I’m thinking that he’s either going to run through this gate or he’s going to stop, he’s going to foot bail, something is going to happen right when we get down there. Um, but at the last minute he tries to make this left turn and as I look over to sec what he’s turning into I see an open gate and a dirt driveway going up to some houses. Uh, he doesn’t make the turn because he’s going too fast and he runs intouh, two poles, crashes into the poles and by this time he stopped for a second, I'm able to pull up onto him. I'm probably 8ft from him, 5ft, 6ft, 1 don’t know exactly how far. Um, I stop my vehicle. I get out of my vehicle. Tean see off on the side that Officer Diaz is right there next to me in his vehicle. Um, and as soon as I get out, ] have my gun out and my flashlight and give commands, "Let me see your hands! Let me see your hands!” Uh, a second goes by and I hear the engine revving (makes revving sound) and then the reverse lights come on and he backs (make reverse sound) tires spinning, hits my car and as he hits my car I’ behind the door giving him commands and I'm thinking he’s ramming me, he’s ramming me and he’s trying to kill me. This guy is just, obviously he’s out of his mind. He doesn’t want to get caugh' ail I'm thinking, he doesn’t want to go to jail or whatever his reason iShe’s going to do whatever he can to get out of this. So he hits my cé kind of knocks me off balance for a second and then as I’m getting my balance getting ready to ram me again. This time becau: ‘ishtailing, trying to hit us again, I don’t know where Officer Diaz isNVdon’t know if he got out of his car and is walking up to this car, wHtever his thought process is I don’t know, but if he comes any farthe he’s gonna hit me, he's gonna kill me, he’s gonna kill Officer xe soon as [ hear the second back I can hear it again (makes revving sound) se Icing he’s. revving coming up I fire one round, wi jams. I cant, I shoot to try and pulll again and I can't. By this can hear Officer Diaz’s shots on this side and then he pulls forw id takes off again. Well I reach down to check my magazine s put it back in action and my magazine is gone. So, I fave one round that’s probably still in there, holster it, get back into/my car, Officer Diaz is already in his car, he takes in front of me sddiow he’s number one and there’s three house on the left, kind of a ¢ldsér one, a farther one and then one off to the right and this vehicl@goes directly towards these houses. Officer Diaz is following him, 1 my car. I go following afterwards. He gets to kind of the second hopge, the dle house in between. I can see Officer Diaz pulling up tot don’t see the car anymore in front of him, but there is so mushape and everything I just think maybe I cant see that far up front. §o\Ninally pull up behind Officer Diaz, a couple seconds later as T'm getting out, [ pull my magazine, I put another magazine into my gun, 1 hevomy gun out, Officer Diaz is getting out and we’re both running on Tight side of this house because I don’t know if they foot bailed back ere, | don’t know what the situation, but Officer Diaz is running after them for some reason. Excuse me. As I'm running up towards the vehicle, out of the left side of the house I can see this lights coming back towards us and | look over and it’s the same truck and he’s (makes revving sound) driving through this, like a field almost and it looks like he’s coming directly back towards us. So I see him and I turn and he’s, he’s not coming straight at me, but he’s kind of coming to the side and 1 Jook and I point my gun and I’m telling him again, “Stop! Stop!” and 1 4o look over on the other side and I can see on the back side, the, the house is on the other side, the first house, so I'm like ahhh, I don’t want to shoot past that one because I don’t know what's in there and as soon as I turn back and look I see him going straight towards Officer Puggs and he hits Officer Fuggs's vehicle right in the front. And he hits the car and he continues to take off and I look back behind and I see that he’s going so I'm yelling, “Let’s go! Let’s go! Let’s go!” I run back to my car to try and x& get in so I'can tum around and go chase after him because he began (2) taking off again and uh, ! see Officer Diaz running back in the oppogit€ ) direction so looked back around and Officer Fuggs gets out and he’ running back towards that direction too. Well now when I turn, \d again I see the truck back towards us coming towards us aeaihy the, the hoods on fire and it just looks like its coming back, likethis“guys wants to kill us, that’s all he’s looking to do and uh, so |, were running back towards the car and it stops and by the time I get ‘to where the car is Diaz and Fuggs are in front of me and I think saw him running towards this wooded area, but when I fe, through the dust and I looked inside there was nobody inside this truck. So they foot bailed. Now we get into there, Diaz and Fuggs%are running towards this, this wooded area, I'm running behind the ‘we can hear the ruffling of the breaking of leaves and branches a | that so we know that somebody's in there. I know I saw twogfeople in this car so I don’t know if both of these people are in here or jl one took off the other way, I don’t, know where they went to. So we ‘ere, other officers are starting to get on scene. Sgt. Valle shows pr@/short time later. He starts putting out, okay they're there, we jmebody run inside there, but now we don’t hear anything so we thinfc they're bedded down. So we start setting up the perimeter around Werybody. We know on the other side of where they are there is a huge’mountain so they're not going to climb over this mountain and we-b@pthat side set. Um, Officer Diaz goes back to the other side wheres ouses were, where, where the car initially went around the howge and came back. He set up there in case they tried to go back, other ehiger so the other side and we just waited. Waited for K-9 to get theré)K-9 got there probably 20 or 30 minutes later. I don't know exactl} Wy ‘long and as soon as they got there, Officer K-9 Flick and his partner Went over to the truck. They got a scent. They started tracking it. ‘Wet{tinto the woods where the guy ran to and they found a hat or Yeanie, something that he was wearing on his head. | think they said it ‘sa hat. Found a hat so they knew they were in the right direction where they were following him and uh, at this entire time I’m on the perimeter and I’m just waiting. I didn’t want to get involved in their whole search, going after them so I'm just waiting cause I know we don’t have enough officers there yet and um, Sgt. Valle says, “Hey stop. Wait. We're going to wait for some thermal energy device to see if that will help us out a little bit more.” Officer safety, we don’t know what this guy has, we're going into a wooded area, all dark um, maybe this will help us out. So bythis time the commander shows up with the thermal imagery, other officers are there and now they're saying okay, you come back away from everything, We'll sit you over here. Stay away. We'll handle all this part of it. They go in. End up taking the guy in custody and they end up finding the female on the back side of the house where the vehicle had come back around and was trying to hit us before. Um, that was it. Um, they brought me back over here, so. FLORES: Okay. The earlier call um, there, there was a call before we? one? Q RODRIGUEZ: Yes Sir. > FLORES: And what kind of call was that? o vehicle just two streets south of where this um, 1 was coming out RODRIGUEZ: It was a, a vehicle theft report. oe ad stolen a of. FLORES: Okay. Were, were you involved ipa in that investigation? RODRIGUEZ: I took the report. Se < FLORES: You took the report, o} \d that was how much prior? How long prior? RODRIGUEZ: Um, they repdri€d it about I want to say about 12:30. Um, so I think it was about axhour prior. FLORES: About en. RODRIGUE: in the call came out I said, I told officers, “Hey can you send me thi stad just taken a report for information I had just taken a on chicle theft down in that area, just to let them know there was pr fy something going on, I said 30 minutes and I think I looked at my clock and it was closer to an hour so about an hour. Shes: Okay. Um, and when you arrived you, did you illuminate it th your white spot light? RODRIGUEZ: Arrived the first time? FLORES: The, the second time? RODRIGUEZ: The second time, yes Sir,FLORES: The second time you used your spotlight. RODRIGUEZ: Yes Sir. FLORES: And the guys just sat up and that’s, did you get a look at him when he sat up? RODRIGUEZ: I, I did he kind of looked at me just, I didn’t see his siege face, but he looked over at me with an expression like “I don’t give shit.” SS FLORES: Right. Q RODRIGUEZ: Sorry, but basically that’s what I was thinking-was like he doesn’t care, you know he, I saw him and even a gun saying, giving commands he was just like taking and takes s and takes off. It wasn’t like he was running and you know iin gear already, he took the like, whatever started it and take off. So to”me I was like this guy has no regard for anything. x FLORES: Okay. And uh, and you suspe« at because the proximity of the prior call a relation to, to the second call? RODRIGUEZ: Yes Sir. That kind suspicious people in the area o; broken window call, the, t right around the corner fro: vehicle theft. se we get a lot of calls with na broken window, but just the jaying there’s two people in this truck and the fact that I had just taken a FLORES: Vehicle, RODRIGUEZ: Ap hour before that, two blocks away and in this confined area made mat jink something’s going on around here, something bad was going On: 3: Okay the vehicle theft, 10851? sooo Yes Sir. Frorzs: Alright and uh, when the guy drove away you described his driving as how? RODRIGUEZ: Erratic, dangerous um, I didn’t, there was a couple times where he was taking off and he was fishtailing all over the place. He could have crashed into vehicles that were there, people that were coming out to go to work 1 don’t know what his intentions were. He had 7no lights on so nobody could see him coming unless they heard his tires squealing. When he’s turning around the corners he’s losing the back end and spinning his tires. It was just erratic. FLORES: Okay and was he, how, how was he on stop signs, lights and stuff? 3 RODRIGUEZ: No regard. & FLORES: No regard, ~ RODRIGUEZ: Straight through them. I don’t even think he open and hit the brakes. DETETCIVE: Okay. At that time what was traffic wes RODRIGUEZ: Um, I believe we passed one car. “sehr ‘remember uh, but when we were on the long straight away. FLORES: Uh huh. & RODRIGUEZ: There wasn’t any trang there. FLORES: No traffic at all. Okay. > RODRIGUEZ: But he was wea going the opposite direction of travel, coming in and out, hittin, ies, onto the dirt, all over the place. FLORES: Okay. AlrightGain, so he continued on and then uh, you said stuff was cong m back? RODRIGUEZ: Um, I, I was close enough to him where to me it looked like ie out of the passenger window. me Gorm: Items were coming out of the passenger window, but there mes where it looked like it was coming out of the center window ae or it could have just been coming out of the bed. I, [ don’t know [what these items were, but Officer Diaz saw it and he put that out. Cause it looked like he was throwing something out, but he’s on the radio I’m just, yeah that’s what I see too. FLORES: Okay.RODRIGUEZ: So I don’t know if he’s discarding evidence or guns, I don't know what he’s doing. FLORES: At that point what were you thinking? RODRIGUEZ: I'm thinking he’s trying to get rid of stuff. I know he doesn’t want to go to jail. He may have a bunch of illegal things that are 2) coming back from where we just stop him from or tried to stop him from and he was trying to get rid of it because he doesn't want to be caught} with all this stuff. RS FLORES: Okay. So it continues on down that road in, into ngage end? & RODRIGUEZ: Yes Sir. SS FLORES: Okay. Now just so that | understand ly um, it appears that he hits his brakes, comes to a complete stop’ ? RODRIGUEZ: He, he is going all the way dg his road, FLORES: Uh huh. eX RODRIGUEZ: Still going probably $Qnph um, I don’t know if he’s familiar with this place or not. Baber familiar with this place, but I can see on the back side where, is and it appeared at the last second. Maybe he saw it at the last Second and he hit the brakes, kind of skid and tried to male the ee the same time and just couldn’t make the ay. turn into this open FLORES: Oxay.Q ° RoprravEg iho knows where. I don’t know where it went to. FLO! ‘ay and what was uh, what was, what did it look like? 1 meat there illumination here? Was there. RODRIGUEZ: No there was very little light. © Frorzs: (Inaudible). RODRIGUEZ: It, it was all wooded area to the right. To the front there was woods. To the left there was woods. Only until we got to where he skidded and tried to make this turn did I look up and saw a couple houses over here. So now I know okay there’s a bunch of stuff all over here on this side, but there’s nothing on that side. There’s nothing overhere. I don’t know where they’re going. I don’t know what they're trying to do. I don't know if they're trying to get to this house. Do they have people over here that they know, that can try and help them. As of right now it’s just me, Officer Diaz and I know Fuggs is behind us. I don’t know how far he is behind us. So, there's two officers going into this area of unknown. I don’t know what’s going on down there. FLORES: Okay so make sure they, they skidded to a stop? Na RODRIGUEZ: Yes Sir. They tried to make that turn and. Ww FLORES: Make that tm o* RODRIGUEZ: And crash into them. o FLORES: Okay and uh, what, what did you do? > RODRIGUEZ: |, as soon as they crashed into them, I saw them crash into it, I think Officer Diaz put out that they gatinto an accident and I pulled up my vehicle, behind it. FLORES: Okay. Xe RODRIGUEZ: Onto the left so I coufleSee the, the driver's side. FLORES: Okay. con RODRIGUEZ: And I sto FLORES: And where ia Officer Diaz go? RODRIGUEZ: He Went to the right side of me. FLO} : mE side? ROD! EZ: So I’m off to the left and he went to the right, but both of us ld see where the vehicle, where the driver door was cause it was fat an angle. ©Frores: An angle? RODRIGUEZ: Yes Sir. FLORES: Okay and you got out of the car?RODRIGUEZ: | got out of my vehicle, drew my gun, had my flashlight and now I’m giving him commands. FLORES: Okay. RODRIGUEZ: Show me you hands! Show me your hands! Cause the windows up I cant sec inside, I cant see in the back window. Even from y@) the beginning I couldn't see inside of it so. SY Ww FLORES: Okay. > RODRIGUEZ: | didn’t know what they were doing in there. I \enow what they were planning on doing. I didn’ know if they hadatiything on them, out the windows I couldn't see anything inside we hicle. FLORES: Okay and what did the, what did the vehi from that point? 9 RODRIGUEZ: Um, I'm, I'm giving them commands. It was only maybe a second or two seconds after i'm giving, thepeduimands and now J can hear the engine revving. & FLORES: Okay. < sounds) and I’m still giving. ommands, giving them commands and then I see the reverse lights tome on and it takes me a second and the tires just start spinnin, tire spinning sounds) because its all gravel, for him to getsfrdction and then he, it just catches. RODRIGUEZ: Um, and it cot or three times (making revving FLORES: Uh uk o RODRIGUES fakes off and comes right back towards me. As he’s coming ’m just, he’s ramming me, he’s ramming me and then he hits, mee vehi knocks me back for a second because I’m behind the dookand then I hear it again (making revving sounds). I get my baleffge back up and I look and I hear it and he’s ramming me again and fte’my one shot. I, he’s getting ready to kill me. I don't know what he's oem out there. FLORES: When he came back and it your vehicle the first time, did the door of the car hot you? RODRIGUEZ: Yes Sir. It, the, I was in front of the car. 1 think I had my hands over the door. uwFLORES: Okay. RODRIGUEZ: Um, with my gun drawn and as he hit the vehicle the door hit me. FLORES: Okay. RODRIGUEZ: And knocked me back for a second. FLORES: Knocked you? RODRIGUEZ: Knocked me off balance. Yes Sir. FLORES: Okay and did you fall down or anything? RODRIGUEZ: No. FLORES: Just knocked you off balance? Q RODRIGUEZ: Yes Sir. & FLORES: Okay. Did you fall down or aioe RODRIGUEZ: No. & FLORES: Just knocked sexes RODRIGUEZ: Yes Sir. .@) FLORES: Okay, sige did uh, what, he hit you, did, did it push your car back? Ropricung fas Sir. ronnie far? cprones: A couple of feet? RODRIGUEZ: Yes Sir. With the gavel it may have been more. FLORES: And at that point you, he started revving the engine? RODRIGUEZ: Yes Sir. 12FLORES: Again? RODRIGUEZ: | could hear it revving again. FLORES: Okay so he’s, you felt that he was going to take another run at you from a couple of feet? RODRIGUEZ: Yes Sir. LY sO FLORES: Stop and, and come back at you again? Y RODRIGUEZ: Yes Sir. Or what ever angle he was at, if he wax ape to get around me to go towards Officer Diaz. x FLORES: Uh huh, we RODRIGUEZ: I don’t know if he’s outside of his ee. I don’t know if he’s trying to hit him, I know he just tried to hit me/he tried to kill me so he’s gonna try to do the same thing to him. / FLORES: Okay so you weren't sure what er Diaz’s position? You knew he was over here some place? 5. RODRIGUEZ; | knew he was on sae of me cause I could see his vehicle out. FLORES: Right. RODRIGUEZ: But | axon over to see where he’s at. FLORES: Right. Q ° ropricurza(iep my eyes on him. FLO} yy. So he’s gonna take another run at you guys? R [GUEZ: Yes Sir. cpiores: Okay um, and you, you fired one shot? RODRIGUEZ: Yes Sir. FLORES: Okay. Was he already accelerating back when you fired the shot? Or was he, was he at the beginning of the revving? RODRIGUEZ; ! think he was at the beginning, 13FLORES: So you think he was revving the engine? RODRIGUEZ: Yes Sir. FLORES: Okay. RODRIGUEZ: I want to say he was coming back, but I don’t remember Y that. i wy ny and you fired one shot at what direct, where, where were yor FLORES: If you're not sure, you're not sure. That’s fine. Okay e were you aiming at? ~ RODRIGUEZ: Um, towards the driver window. aS) FLORES: Towards the driver window? S RODRIGUEZ: I was aiming towards the back window. @ RODRIGUEZ: And I saw the driver ie window, the side window shatter. & RODRIGUEZ: Um, but pgs atan angle. FLORES: Uh huh. FLORES: Okay. FLORES: Uh huh, & RODRIGUEZ: So Mried to shoot in the back towards him, to stop him from trying te ‘me over and it just off. sroneg\ Stay and you say you fired one shot? RODRIGUEZ: Yes Sir. cienes And uh, why only one shot? RODRIGUEZ: Cause my gun jammed. I tried. FLORES: Your gun jammed? RODRIGUEZ: | tried to shoot again because I, I saw the side window shatter.FLORES: Okay. RODRIGUEZ: Two rounds and then I was going to asses and when I shot one | tried to shoot again and nothing. And then by this time I already heard shots coming from the right side and then vroom, he takes off going forward, so now I'm checking my gun to find out what’s wrong with 2) it and I see that there’s or I can feel that there’s no magazine in it. e G FLORES: Okay. ~ 2 RODRIGUEZ: But | know that I have probably a round in the holster, Officer Diaz gets in front and then I go in front. FLORES: Did you find your mag or? RODRIGUEZ: Yes Sir. FLORES: Where was your mag? x RODRIGUEZ: It was back right where ee of the vehicle. FLORES: Okay. RODRIGUEZ: And after uh, the ter officers came and they said “Hey come on back here” um, S; yas looking and he said “Oh there’s a casing there, there’s a casing\there’ and I saw my magazine sitting there so | grabbed it and put &@er in. FLORES: Okay. By hve you, you had been standing? RODRIGUEZ: & FLORES: Qin). Alright and you, you check your gun at the beginning of shift rrything? RODRIGUEZ: Yes Sir. Absolutely. @prores: Make sure everything is functioning normally? RODRIGUEZ: Everything. FLORES: Everything's alright? RODRIGUEZ: Yes Sir. 15FLORES: Okay um, did you see um, where, when the ub, pick up was on its way back out toward the, towards the main road? RODRIGUEZ: Yes Sir. FLORES: Did you see where Officer Fuggs was at? RODRIGUEZ: Yes Sir. Well when he was coming back around the house} could see him to the left and I’m following him with my gun, giving ww commands. SL FLORES: Uh huh. Q is where I could see out of the side where Officer Fug pulling up. RODRIGUEZ: By the time | got towards the house wherg owas passing Maybe he had stopped already I don’t know, but S was going directly towards that vehicle, but because he’s o1 side and the house is on the other side I couldn't take that shot behihd/there. Just knowing, not knowing what was behind there. x FLORES: When he’s headed towards, 'S Officer Fuggs what are you thinking? RODRIGUEZ: He, he’s trying to ki)(Piin too. I'm sorry J didn’t mean to point at you, but he’s trying to kfiLhim. The exact same way he’s trying to hit us and it, it’s, the on! jg I can think is that this guy does not want to get caught, this guy8.is completely out of his mind, he wants to kill me. He already tried (6) He probably tried to kill Officer Diaz the second time and no\ aut coming back around to try to come back at us again. And he hit oi sr Fuggs and I'm thinking this guy has, he just wants to kill us. Yoesn’t want to get caught. He wants to stop whatever is gojag bn and get away. y uh, and you mentioned your background wasn’t good at (GUEZ: Yes Sir. onones: Because of the houses and stuff? RODRIGUEZ: Yes Sir. FLORES: Okay and on the first shot what kind of background did you have? 16RODRIGUEZ: From where I could see uh, when he was going forward was just trees so I knew, open field, from where | could see in the front I knew that there was a gate that went to this what, what looked like an open field so everything behind him | think is just open field behind him. FLORES: Okay so the lost mag is the one, the dropped mag is the one you put back in your pouch? 3? RODRIGUEZ: Yes Sir. sO S FLORES: Okay cause when I pulled it, when I looked at the mas as one that was in your pouch that was, was down and around. FLORES: So that was the one that had. RODRIGUEZ: Yes Sir. we oO RODRIGUEZ: Yes Sir cause I picked it up. I alreatiyhad a magazine in my gun. | picked it up and just put it back in Yay pouch just so I can have it. @ FLORES: Alright. Do you top them Re RODRIGUEZ; | put 16 in cach one{2)> FLORES: 16 in each one? S RODRIGUEZ: Yes Sir. 2) Os FLORES: Okay. gon have the extensions. RODRIGUEZ: 4 Si ESA the bottom. ROD) Yes Sir. They are plus two. So it should be 17, but I put 16 everynight. Bones: Okay. Okay. So 17 is the capacity and you leave each one jown one just for. RODRIGUEZ: Yes Sir. No extra gun. FLORES: Yeah. RODRIGUEZ: Just 16, 16, 16. WFLORES: Okay. RODRIGUEZ: Just to make it easy for me. FLORES: Okay I see 16, 16, 16, meaning 16 including the one in the chamber? RODRIGUEZ: Yes Sir. There’s no extra in the chamber. FLORES: Okay. I see what you're saying. Okay um, how long haye.ygu been a police Officer? O RODRIGUEZ: About 5 ’4 years. we FLORES: 5 % years? 3 RODRIGUEZ: Yes Sir. Three different agencies. Q , FLORES: Which agencies did you work for2.N RODRIGUEZ: I worked for the Garner ROlite Department in the city of Gamer in North Carélina. Um, and I -d for the Bakersfield Police Department. FLORES: How long did you, ior Garner? RODRIGUEZ: | worked foPGarner for about 2 years and I worked for Bakersfield for 3 y. FLORES: Okay. @Rn, before, before uh, coming to work, which would be yesterday now. RODRI und Yes Sir. none how was your sleep? aobeioues: Great. CPronss: creat? RODRIGUEZ: My wife was off um, usually on my days that I sleep she takes the kids, leaves, shops, lets me sleep um, I think I went to sleep about 8 o’clock and I woke up around 3. So for me that’s pretty good sleep. 18FLORES: Okay. RODRIGUEZ: With kids. FLORES: So 8 am, 3 pm? RODRIGUEZ: Yes Sir. x@ FLORES: And what are your days off? we RODRIGUEZ: I have Tuesday, Wednesday, Thursday off Sir. eS FLORES: So today is your day off? You're just beginning y ay. Any medication? Alcohol? Or anything like that? O° RODRIGUEZ: No Sir. * FLORES: No? (Background noise) Mike anything teat you can think of (inaudible)? x HUFFMAN: Yeah just a couple question: on just so I'm clear. RODRIGUEZ: Yes Sir. & HUFFMAN: Um, so, the, you s; , after you first contact him he takes off and he’s going ar: ia Rosa circling. & HUFFMAN: And epelivate, you said you activate your lights? RODRIGUEZ: Yes Sir. RODRIGUEZ: Yes Sir. HUF! .d, but the sirens switch is off? mops EZ: And, and you, when you finally get the siren working does it rk the, the whole time? es Sir, that’s. RODRIGUEZ: Yes Sir. HUFFMAN: The whole pursuit until the end? RODRIGUEZ: The entire thing, yes Sir.HUFFMAN: Okay um, and was um, can you, do you remember if, if Diaz was wh, at one point when you got the siren working was Diaz already with you or, or no? RODRIGUEZ: Yes Sir. He was uh, alright because mine was not and I could hear his. ‘HUFFMAN: Okay. & RODRIGUEZ: And I knew I was like I have to get this up, I have to g up, but at the same time I want to make sure I put everything out trying to drive, put this out, reach down and do everything “ same time, but I heard his going. HUFFMAN: Going. ws RODRIGUEZ: And as soon as I turned mine on renee it drowned it out, but. HUFFMAN: Okay. RODRIGUEZ: (Inaudible). HUFFMAN: And you talked abou! talked about a point where you're following him and you can see lights going on? RODRIGUEZ: Yes Sir. 6 HUFFMAN: And so aaghoa ‘know where that’s at? On where, where, on. what, where, wh: ‘that was at? RODRIGUEZ: Bn lieve we're still on Betteravia um, I don’t think we turned off i a (ere, I think it Y's off somewhere down there, I'm not too familiar un but it was probably about a half mile into Betteravia ae ‘just, he’s going so fast down this road and I'm trying to keep (im. Um, and then I just see like brakes flashing for a quick and then all of a sudden, slam on the brakes and kind of jolts to Geel a lite bit and I just think he’s trying to hit me. All] could think of oBivieo T saw a long time ago where the guy hits the brakes and runs ight into the officer and tries to shoot at him as he’s doing it, it’s all I could think of so. HUFFMAN; In your mind this is what, that he going to. RODRIGUEZ: That's what I'm thinking. That's the exact scenario I had ‘That he was trying to do something like that. 20HUFFMAN: Okay um, and were his lights off the whole, through the whole thing or do you recall if they came on at anytime? RODRIGUEZ: Um, I know as we got out to Betteravia he still had them on, At some point during that road where it was just completely black I believe he turned them back on. I know he had them on when we turned x& off into the road, where it ended um, because I could see the dustin (2) front of him with the lights coming back and it was drowning everythi out for me. gi there’s, HUFFMAN: Okay. Um, and so went in, you said that he, h pole, he starts to rev the engine, he puts in reverse, at that: he’s spinning dust and gravel? O° RODRIGUEZ: Yes Sir. S oO HUFFMAN: How's the visibility? Is it pretty? ) RODRIGUEZ: The visibility is not great um, fast the vehicle, I can see the vehicle. I can see everything up bec: jow he’s in reverse so he’s spinning everything the other way. Um but we had just gone through so you can still see the fog kind of over.4sybut] knew once I heard the engine and then I saw the rever: i, that’s all, after a second I was like he’s running into us, he’s to hit me. And it completely just scared the shit out of me, ‘me completely. It was like I never had anybody run a car at me gs een try to do anything like that so it. HUFFMAN: And, andiah jou know where Shawn, where Fuggs was at? When you guys do you know where he was positioned or, or no? RODRIGUEZ: ’t know where he was at Sir. No Sir. Just, | know where Felix ecause I saw him in the corner of my eye or saw his vehicle. "t know where exactly he was so. HUF) : And then Diaz is the first vehicle that goes up the driveway? GUEZ: Yes Sir. © Srorrman: after him you go behind him? RODRIGUEZ: Yes Sir. HUFFMAN: And uh, I'm trying to recall the scene. Did you turn, was your car turned backed around or no? 2RODRIGUEZ: It, it was turned back around by Officer Diaz. HUFFMAN: Okay. RODRIGUEZ: When, when Officer Diaz was first on the right side of the house I came in behind him and stopped. We both got out, took off running and that’s when the other vehicle came back around. I never x@ went back to my car or never got back into it. 1 was running towards it a) Officer Diaz was running back and that's when I started running b: with all three of them. > ~) HUFFMAN: Okay. Q RODRIGUEZ: And then as everybody started showing uj Grthink he went and got a car to bring it back for light. ~ HUFFMAN: Oh. SX kfiow Sgt. Valle said grab suse Officer Fuggs’s was jot or we didn’t know if he ¢ first one he got to, turned it RODRIGUEZ: Um, I’m not exactly sure why, the car, bring it back, his or any vehicle. U crashed. I didn’t know if he could move i could move it so we went and got ming @ back around and then brought it b; HUFFMAN: Okay. Um, is that, goths your normal shift that you work? RODRIGUEZ: Yes Sir. HUFFMAN: What is M's? HUFEMAN: And do you usually work that beat out there? Or is it kind Ropraauez: Most of the time I'm in 3 depending on manpower. They put me where they need me Sir. HUFFMAN: Okay um, what gun, is it your duty gun, that, that glock, the glock 22? RODRIGUEZ: A glock 22. Yes Sir. 22HUFFMAN: Okay and um, you're qualified with that? RODRIGUEZ: Yes Sir. HUFFMAN; And when, do you know when the last time you qualified with it? RODRIGUEZ: Um, | think it was about a month ago. I qualified with ope Vega. I just bought the gun and I. Xx HUFFMAN: About a month ago? SR RODRIGUEZ; And I turned in my department issued one and (Malified with that one. RS HUFFMAN; And do you carry back up or no? RODRIGUEZ: Yes Sir. i ww HUFFMAN: And did you have that? s RODRIGUEZ: Yes Sir. we ‘ei s HUFFMAN: What is it? ep RODRIGUEZ: It’s a air wei ith & Wesson 38 revolver. HUFFMAN: Okay, di RODRIGUEZ: mg HOFFMAN: Oly tim, I think that's it. Anything else? N ite st quick clarification on the position of the cars. The car whe any rounds right? ~~ hits, F hits. RODRIGUEZ: Yes Sir. “ ores: Or the pick up hits, | apologize. Now when it hit did it offset at all? Did it, did it move in any’particular direction? RODRIGUEZ: Uh, I don’t think it, it moved the vehicle itself, [ just think where it hit it at was at an angle. FLORES: Oh. 23RODRIGUEZ: Because he was trying to make the turn FLORES: Make that. RODRIGUEZ: Into the driveway so as he was doing that I think he lost the back end of it and that’s when he hit the poles and he was Kind of at an angle where J was. FLORES: At an angle where, so did you come in, so, so it’s sitting & this is obviously not accurate as to the angle, but. x RODRIGUEZ: Yes Sir. FLORES: Just for, for, for this purpose here, did you co: vee like, like this, I mean obviously I don’t know the angl = RODRIGUEZ: Yes Sir. S FLORES: So something like this. & RODRIGUEZ: Yes Sir. It was at an angl I came up on, on the left side of it so I could see the driver doos fa se they tried to foot bail. FLORES: Okay. 2 Gi Diaz was behind me so he would try to chance um, but where I think both of us iver door cause the angle that he was at. RODRIGUEZ: Um, | kne get the passenger if he hai were we could os see, Tit backed ‘up, did it, did it straighten or? started to baékcuim, I believe it came kind of at an angle and it turned the FLORES: When “yom RODRIGUEZ: ir, it straightened backed up and, and when it wheels: wards me. : Towards you? pom Yes Sir. ropes: Okay. RODRIGUEZ: Um, cause when I looked at the bumper it was directly right in the middle of my bumper. FLORES: Okay. 24RODRIGUEZ: Um, so just, I knew he was coming right towards me. And it wasn't like he was trying to just go around or anything like he was coming right at me and. FLORES: Was, was there room on the right side of your car? RODRIGUEZ: There was room. x@ FLORES: That he could have gotten through? CF RODRIGUEZ: Um, there was part of the road, but there was a fenié&én the right side. I don’t know how much distance from where uh, to where this field was and there was a fence on the right je could have went, I don’t know how far Officer Diaz was behit s I don’t 1b know if he was blocking the entire road um, but there wad space to the Fight of him, to the right of my vehicle, but I don’t know about the back. side. The back to the right where Officer Diaz way FLORES: Okay. Was Officer Diaz set back fro fou a little bit? RODRIGUEZ: He, from where I could se¢-fith, from the side of me, I think his, his, the front of his car was,pfobably about half way into my hood, Into the front of my vehicle. Sovhe-was kind of off set to the right um, but not enough to where I coufdSee him over and all of his vehicle and see where he was. I had to julsPlook out of the corner, I could see his vehicle and I knew he was with me. FLORES: Okay and the, up started to back up the second time it was, he was pretty micfvin line with, with your car? 9 RODRIGUEZ: Y: FLORES: accel point? ROD! : Yes Sir. FLORES: Okay. Alright and then it, did it ram you a second time? comiavee 1 don't think so Sir. FLORES: You don't think so? RODRIGUEZ: | don't remember. 1 just remember hearing it again and knowing that he’s just thinking he’s getting ready to try and hit me again. 25FLORES: Okay. RODRIGUEZ: So I tried to stop him from running back towards me or Officer Diaz. FLORES: Okay. Alright. @ HUFFMAN: When, when he after he went around the house coming bacigy out right? 6G SS R RODRIGUEZ: Yes Sir. S HUFFMAN: And he’s heading towards Fuggs? O RODRIGUEZ: Yes Sir. wo HUFFMAN: Do you remember, was Fuggs in sneseiele, driving, stopped or do you recall? P RODRIGUEZ: |, from what | remember I thifhe was still sitting in the vehicle. Um, I believe he said that he wag,6ing to get out and he saw the vehicle coming towards him so he wentBack in for safety cause this guy is getting ready to hit him too. eS HUFFMAN: Okay. R RODRIGUEZ: Um, | think when I came around from what I remember seeing, he’s sitting, the yéBicle is hitting Fuggs, trying to kill him and I believe I glanced anch}:galv him sitting in the car. I think he was in the car. I'm not for ~ HUFFMAN: Olay tim, and the other question was did you hear, after you fired one ro iid you hear any of the other rounds? Ropng J heard, I, I fired mine and at the same time | could hear a round Being fired. I don’t know exactly how many there were ‘FMAN: Okay. ones: | think that pretty much covers it. Do we need anything else? HUFFMAN: Uh-um. FLORES: No? 26NOWICKI: | just, I just have something real quick and you touched on it with your mind set when you first approached the vehicle and it was parked along the curb when you were making your initial investigation for a suspicious vehicle and your mind set was that this vehicle could possibly be related to the 10851 that you took earlier um, or possibly a vehicle burg with a broken window so these were potential felony suspects in the vehicle. x@ RODRIGUEZ: Yes Sir. Reg NOWICKI: And you didn’t know exactly who or what they weree SQ RODRIGUEZ: Absolutely yes Sir. x NOWICKI: And that just heightened your concern wh Oey took off? RODRIGUEZ: Yes Sir. Right after that when I lo and saw them hiding it just jumped way out because I knew something was going on. ‘There’s, there's no reason for them to be theréaf that time of night hiding in a vehicle with all this stuff going that time frame. NOWICKI: And you initiated pursuit’ wo supervisor, did you have a supervisor monitoring the pursuit? were just getting out of the, housing area. So he was on there and RODRIGUEZ: Um, when I, opie hearing Sgt. Valle I think we he heard it. NOWICKI: And at angie did a supervisor or anybody else tell you to cancel the pursuit gFitwas unsafe or anything? RODRIGUEZ: ir, ~ NOWICKIvAlright and going back to your gun real quick you said you carry e mag? RODRIGUEZ: Yes Sir. cfm: ‘And so when you're carrying your gun and it’s hot is it 15 and 1. RODRIGUEZ: 15 and 1, yes Sir. NOWICKI: Alright. I don’t have anything else. HUFFMAN: (Inaudible) 2RODRIGUEZ: Sir. FLORES: Alright. (Background noise ~ Interview ends}TJ] SANTA MARIA POLICE DEPARTMENT = O SMPD Case# 2011R11309 Ww FLORES: Uh, 10-25-11, 1041 hrs. Present is Attorney Dale Xs, Lt. Ast, Detective Huffman, Detective Flores, Officer Coria , Officer ub, Pelix Diaz. Um, so Diaz is Felix Diaz your comple! ie? DIAZ: Yes Sir. SX FLORES: And uh, how old are you? & DIAZ: 20, 31. a) FLORES: And uh, how long have rafbtn a police officer? DIAZ: Approximately 4 years. R FLORES: 4 years. om and {did you have prior law enforcement experience? DIAZ: Yes, 1 was oS probation officer for Santa Barbara County. FLORES: Hawg were you a probation officer? DIAZ: 2 = 3 years. FLORES: 3 years? And uh, what shift are you assigned to? ee Graveyards. > FLORES: And ub, what are your days off? DIAZ: Thursday, Friday, Saturday. FLORES: Okay um, uh, last evening prior to the beginning of your shift uh, did you uh, how long did you sleep?DIAZ: About 5, 6 hours. FLORES: 5, 6 hours. Um, taking any medications? DIAZ: No. FLORES: Um, last time you had any alcohol to drink? x@ DIAZ: Saturday. eC FLORES: Saturday? SR DIAZ: Yeah. O FLORES: Okay and what kind of gun do you carry? ws DIAZ: A glock 22. Ss FLORES: And uh, the uh, magazines um, hakdany magazines do you carry? @ DIAZ: 2 or 3 with the one in the gun if FLORES: Okay and uh, how mi inds do you carry in each magazine? DIAZ: 15. oo FLORES: 15? Uh, it vinb-gan do you carry 15 plus 1? DIAZ: Yes. Q FLORES: pet carry a back up? mane? FLORES: And uh, which wh, which ear were you driving? cn 3411. FLORES: Was, was your camera working? DIAZ: No it was inoperable. FLORES: Inoperable?DIAZ; It’s been inoperable. FLORES: And did that get reported to the supervisor? DIAZ: Every time I log in I put it on the comments, camera inoperable. FLORES: Camera inoperable, okay. x& DIAZ; I put in a request in the past and. OO FLORES: Okay. Alright I think the best way to start with this ju you, let you run through it and tell us, tell us what wappenei) DIAZ: Okay. Well I was uh, working and the call comes pSéout uh, a citizen passing by saying that she sces a vehicle possi th a broken window. I can’t remember who got dispatched. I s 14 and 21 got dispatched and so | listened to the call um, ez advises, gets on there and says a uh, send me the call, possiblpwhight be related somehow to the, he had just taken a stolen v he advised probably about a half hour ago, suspicious vehicle out there with the brokéf’ window. So uh, I said I'l, I started heading in that direction just Se it might be poss, part of this 10851 suspect. So as I start headi fat direction I'm like, Rodriguez goes 97. I’m probably about Blos; uh, Battles and so he’s, I’m le report from that area ‘an hour prior to this waiting for his traffic to come $0 I go down, I’m going down towards Carmen cause I'm gonna ‘Carmen and uh, as I get to Carmen he advises the vehicle is takis from him. He advises, I can’t remember which direction somethjng About I think about going southbound on the street so I start kind ‘@fipdralleling on the street to see if he’s going to come, seeing if he’s @Oing to come back around through the neighborhood. sib Griving on, I can’t remember what street it is. I ‘want to say Westgate, I look over and I see Rodriguez coming with lights sirens on, cane this, coming eastbound. So I go about another block, turn aroyx@»"As I turn around and the car comes around the corner, proceed go westbound on uh, Via Rosa, I believe it is. Il can’t remember which street it is. It’s the one that goes straight to A street so behind Rodriguez I turn on my lights and sirens and I basically alling in the pursuit from that point. Um, the vehicle blows that ‘op sign. Starts going southbound on A Street. Goes on A Street and there's a rid light, makes a right turn, goes west on Betteravia Street. Um, vehicles going, starts speeding up about, | can’t remember the exact mileage, but he’s going, his speeds are picking up. So he’s going, he starts uh, it “Y’s” off towards Guadalupe and uh, Tanglewood so the suspect starts going towards Tanglewood at that point. I see um, what looked like plastic baggies flying out from the car so | advised dispatch and uh, at that point the cars starts going onto the other side of traffic,starts traveling there for a little while, making that turn. Um, we're still pursuing and I stay kind of like in the center, but off to the side. He finally gets back in the correct lane of traffic, still keeps on going towards ‘Tanglewood. Speeds are, I can’t remember the exact mileage at that point, but he starts still going towards Tanglewood. You know, I'm calling this all out to dispatch and um, we start going towards, passed ‘Tanglewood. We're still going towards Hwy 1 now so at some point during.) that as he’s going, he somehow tries, slows down, tries to correct or (2) something, The vehicle almost spins out and uh, doesn’t quite spin ‘The guy corrects the, his driving, keeps going on Hwy 1 and still tr; going about 80 miles. Still going towards um, Hwy 1. Gets to th sign at Hwy 1. Runs it, keeps going straight. Um, as he’s goi following, starts going towards Casmalia. Goes passed it so up this roads I'm not too familiar with the roads so of say I know it’s towards Casmalia, as much as I know so. St fing pursuit. Goes into Casmalia still going pretty high rate ie ‘uh, passed f still driving Casmalia. As we get passed Casmalia the, all of len get into uh, looks like a dead end the car just kind of slams into/a, 1 couldn’t tell at the time, slams into the post later. Slams into'tfe post. Rodriguez comes in on the left side of the car so I come in on the right side. I jump out of my car and we're getting ready, I'm getti héaady to do a felony stop. I'm assuming Rodriguez is doing the same thiinig. So we're getting out of our cars andi hear Rodriguez yelling andaethat point we're getting ready to put out uh, like I said felony stop aétat that point I see wh, the reverse lights come on. As the car s ‘ing back towards Rodriguez's car and at that point it starts, i jes with Rodriguez’s car. At that point I hear Rodriguez fire and I statt/immediately firing too because I knew from the way it hit Cor pXZho the way it hit Rodriguez’s car that he was more than likely in thé spot I was in my vehicle. So I figured 1 don’t know when the SP, ‘remember hearing his initial shot and after that ] didn’t hear any shdts%So I wasn’t sure if he had been hit by the car because he wasynére than likely, The door jam might have hit him. So as the vehicle up again he then starts going back forward. I look over. Rodri till there so the vehicle starts taking off again. I jump back into ticle and the vehicle goes around the dirt lot and comes to the, this, goes around this house and I, | look and I see there's this mountain, the nowhere for this car to go so I stop my vehicle at that entrance get out of my car and going off. I get off my car. I still don’t know fat this guy is doing and there’s a lot of dust everywhere so it’s hard to ell if some, as I try and turn the corner already. All of a sudden I see the truck coming back around through the other side of the residence. That's when I focused my attention on the cars going back this way and uh, just as I see the cars coming around the corner at a high rate of speed wh, Officer, I see, I didn’t know it was Officer Fuggs, but I found it was Officer Fuggs’s car, hits Officer Fuggs’s car, straight uh, on the side and proceeded to keep going. Going back out the gate. The car somehow flips, 4wh turns itself around and catches fire. So as it turns itself around I'm running towards the vehicle to try and get the, try to see if the driver's still in the vehicle. I’m walking up to the vehicle, but it’s very hard to see because there's stuff everywhere and the lights from the headlights of that car, I couldn’t see so I’m walking slow, slow and as I'm walking up and I finally get to the car I see he was attempting so I start, kind of start running and then I finally stopped because I said “Okc its quiet out here “2 lets listen and see which way they're going” so we stop and start listeni to which way they're going. At that point th, we hear them going to the brush, what I think was one of them going towards the brush. Fats when basically everybody starts showing up. We start setting up, \» perimeter and trying to contain the area. That's kind of a get synopsis. x FLORES: Okay so when you responded to the calll an first saw um, Officer Rodriguez's car he had his lights and sirens qn? DIAZ: Yes. Q FLORES: You could hear his siren? & DIAZ: Yeah. es FLORES: Okay and was he broai .g? I'm sorry, go ahead. DIAZ: So initially only I cor 'a siren, but when I got behind him I could hear a siren. ce FLORES: You could edo'a siren? piaz: Yean. DIAZ: Yes I heard I think Sam 8 on the air I believe. & FLORES: Sam 8 and who's that? > DIAZ: Uh, Sgt. Valle. FLORES: Sgt. Valle? DIAZ: Yes Sir. FLORES: Okay and was he giving any ins DIAZ: Uh, not that can recall, no jugh{h the only instruction that I recall was wh, he said he advised he 42s like at Hwy 1 trying to catch up and just advised there to be 3 ‘something to that effect, that’s all Ican recall. FLORES: Okay. Did he call off the pursuit or no? DIAZ: No. wW FLORES; No? Ariat so you're calling, you're calling conditions? DIAZ: Yes. we FLO! Speed, direction? prag)rraffic. cones ‘Traffic? DIAZ: Yeah. FLORES: Okay. Alright and how was the, how would you describe how the, how the, how the, the vehicle you guys were following was, was driving?DIAZ: Uh, driving erratically and fast and he was, like I said he was at point he was running lights and at one point he was on the side of traffic and coming back in and it didn't look like he had much control. Just kind of doing, reckless. FLORES: What are you thinking at that point? DIAZ: I'm thinking it’s a stolen car that hasn't been reported I mean news xO running for a reason and when I saw him tossing things I started thinking okay maybe he’s tossing things, guns, | don’t know what. tossing or if he has more guns and thinking ok what he got =e he running? FLORES: What's been your experience with stolen cars SS DIAZ: Uh, usually uh, most people in stolen car: are an long, long have histories of violence or other criminal activi so there are certain weapons they use to steal vehicles and things to that effect. FLORES: Have you found guns or seen sing es find guns in stolen cars or other weapons? DIAZ: That I can recall at this time n@Not in stolen cars. FLORES: How about in cars thas ave been pursued? DIAZ: Yes or where subjectSblve run from vehicles. FLORES: Okay, um, go(t, at that, at that end when it crashed, okay um, you said um, you heard Officer Rodriguez yelling? DIAZ: From what tan recall, I can't exactly recall what he was saying, but I heard bigt¥elling. none Shay and uh, what was the, the, the pursued vehicle, what, what pdsition was it in when it crashed? Did it just sit there or what, wha€dbappened at that point? Did it off set? Did i? nz: It crashed and it was kind of like into the poles a little bit, bit it was, | mean it was, I don’t know how to describe it, it crashed and kind if just crashed and was there and I don’t know, angle wise I’m not sure ‘exactly what angle, but it was, I cant remember. I don’t know exactly how to describe that angle based on the vehicle it was kind of like, kind of like that.FLORES: Your right hand is being the suspect vehicle and your left hand being you? DIAZ: Rodriguez's vehicle. FLORES: Rodriguez’s vehicle, okay. And you're off where? DIAZ: I'm off to this side in this direction. FLORES: Okay. Was there space in between you guys? DIAZ: Between me and Rodriguez or me and the suspect? FLORES: Between you and Rodriguez. DIAZ: Yes. Yeah. Oo FLORES: About how much space? 9 DIAZ: I'd say about, about from this point t(@bout down to this desk, 5, 6ft. FLORES: Would have it been enou; there? R DIAZ: With his vehicle? 9 the suspect to get through FLORES: Uh huh. & DIAZ: Um, depen; gg he rammed the cars, possibly. FLORES: Olay 39 youte standing behind your door? DIAZ: ¥, ~~ me And did you know where, where Officer Rodriguez were, was at hn: No, not at that point. When, when, when we got out of the cars oe Iwas more focused on the vehicles itself. FLORES: Given your training and all that where did you, where did you think he was? DIAZ: [ assumed he was more than likely at the same position I was.FLORES: Behind the driver's door? DIAZ: Behind the driver’s door. FLORES: Okay so, so the cars there, you guys are out, you hear him yelling, what does the car do at that point? DIAZ: The, S : WO FLORES: The suspect vehicle. S DIAZ: Oh the brake lights I think were still on in the car anc point I see the reverse lights come on. & FLORES: Reverse lights come on? » DIAZ: Yeah. Q FLORES: Okay and then what happened then? DIAZ: And like I said the vehicle then egy came back and rammed Rodriguez's car. xS FLORES: Okay. Did the engine ee DIAZ; | can’t recall. < FLORES: Okay. Did it pee traction at all? DIAZ: I can’t Bo FLORES: Okay, bat it came back? Ca DIAZ: ¥¢ ee FLORES: Did it, did it change direction as it came back? pp: Oh. © ropes: Or did it just come straight back? DIAZ; It changed direction. It turns when it hit the vehicle. You can hear the vebicles collide and the collision. FLORES: So it’s kind of like this, Rodriguez is like, like this? Is that correct?DIAZ: It’s kind of like, yeah. FLORES: When it came back did it change direction at all? And what I'm saying is like, like. DIAZ: 1 mean from whatever position it was it just reversed. x@ FLORES: Straight back? We Ww DIAZ: Straight reversed yes. RX the collision? DIAZ: Yes. : FLORES: Between the two cars. FLORES: Okay. Alright so it and you, did you hear the colligidh? Or see 9 DIAZ: Yes. FLORES: Okay so there’s, there’s a ‘and then, then what happens? DIAZ: There’s a collision and tyof nat when uh, uh, when I started, when I shot my rounds afte ‘Ollision. FLORES: Okay and uh, yBat were, what were you thinking at the time when, at the time of that oll jon? DIAZ: | was mo ‘ed for Rodriguez. 1 wasn’t sure, like I said I was pretty confident, that he was, in that position he was in and | wasn’t sure ifhe had be med back in underneath the car, what happened just didn't .ything so I wasn’t sure what was going on with him so I was scared. I was scared for hima. I didn’t know if he was under the.é@, pinned under the car or if the car was still going to come back ‘am him again or what, what he was going to do I mean he already Co med him once. because, iI, | heard the initial, the initial shot and after that I ee FLORES: Okay so you heard the shot and you thought that was unusual that there was no follow up shots to it. DIAZ: Well, I, I heard the shot and then I shot off my two shots and at that point I was like what's going on here. Kind of like everything's kind of running through my head, I mean, 10FLORES: Okay so you're thinking he’s, he’s hurt or pinned or something like that, so what were you, when the cars backing up what were you thinking? DIAZ: That Rodriguez might be under the car after coming, as far as the initial shot, cause I don’t know. I wasn’t sure what his situation was. @ FLORES: Okay so at that point, what, what is, what does the ounce @P do? 9 DIAZ; The suspect car goes back and makes, gets enough ee tween itself to turn around and start fleeing back up, start going bacl’towards. FLORES: Does it, now when it, when it hits Rodtigueay does it push his car back? S DIAZ: Yes. FLORES: About how far back would you oe DIAZ: I can’t um, 2, 3ft. FLORES: Okay. DIAZ: | can’t recall exact PF FLORES: Okay so Rodrigiz’s car gets pushed back and does the suspect’s car back ure lin or, or, or just turns? DIAZ: From wha? Qa itjust turns. I can’t can’t recall exactiy, it just tums. | Oo ronan gp so it turns, okay and he goes which way? DI ; Then it, there’s like a little road it kind of just starts following the litt ad all the way back to the end towards that end house here my 1 unit was parked. It was right around that house. © Ftorks: okay. | apologize for brining you back to, to again, to the, to the, when it backed into the car, but what was your position um, when you fired your shot? DIAZ: I was behind my car door. FLORES: You were behind your car door? nDIAZ: Yes. FLORES: And the, the suspect or suspect vehicle was, was, was like in what position? DIAZ; My vehicle was like this and it was like in that position so it was @ kind of like this for my vehicle I think. Rodriguez's car was here so I was kind of like back here. ‘ s x FLORES: Okay and when you fired it at what, at war gon did you, ‘were you firing in? oO DIAZ: Driver's side. 9 ¢ FLORES: You were at the driver's side? & FLORES: Back there? DIAZ: Yeah. DIAZ: Yes. FLORES: Okay. Beyond you, in eG" DIAZ: It, an empty lot. ” line of sight what was there? FLORES: Empty lot? panes ow FLORES: Okay, Atright, I just wanted to clarify that. I apologize I just wanted to up tand, So is uh, and is there a particular reason you only ‘x ‘vo rounds? DIAZ; cailse at that point the reverse lights came off so I, ] thought okay hei Got reversing anymore so, I didn’t know what the situation was, RES: Okay. DIAZ: | just kind of stopped and evaluated the situation FLORES: Okay so then he takes off and in, up into that road? DIAZ: Yeah. 12FLORES: Okay. So he drives up into the road and goes where? DIAZ: He goes uh, I go up and he goes around the house. There’s a house where my patrol unit was. He goes around that house, driving with the truck. Goes all the way around and comes back around the house, just like tank over there and comes back around, starts going towards officer Fuggs’s car. x@ FLORES: Okay and did you and when you, was Officer Fuggs's car oP moving at the time or was he stopped? SS DIAZ: From what I recall I think he was coming forward a lit > was, he was coming forward, I can’t recall exactly. I was more Yécused on the vehicle itself. ° FLORES: Okay, alright was it, was it, how was it drj Siow was it? DIAZ: Still driving erratically and | mean at that Sh I mean, I was all, I, began getting scared for Officer Fuggs caus&J“wasn’t sure if the guy was gonna go head on with him or what, wi guy was gonna do cause I mean he’s already, he had alrea: Officer Rodriguez's car. Like I said he kind of just hit in the \d he was able to kind of wedge himself on the side of Officer Fuby’s car and keep going the direction he had just come in FLORES: Did you think aneanfiins at that time? @ sO FLORES: And w1 ou didn't? DIAZ: | actually did. DIAZ: diane \se Officer Fuggs’s car was right there and then there was a houst ly behind it. FLO! e background? DI ‘eah. | didn’t know who was inside that house. ciptone: So he hits Officer Fuggs’s car? DIAZ: Yes Sir. FLORES: Okay and then what happens? DIAZ: So after he hits Officer Fugg’s car, he keeps going about passed that road and I don’t know what he did, but somehow he spun himself 3out and uh, as he spun out his car caught fire and his car caught fire and wh, like I said there was a lot of uh, uh, it was dusty out there so a lot of dust came up. So I, I said when I, when I started running in that direction all I could see was the dust and the headlights reflection. 1 couldn't see what was happening. I think some, I think Rodriguez or somebody had a better view from behind me. They said “Oh they're running’, but | still couldn’t see anything so I'm just kind of approaching 2) slowly cause I'm not sure if they're still in the car or what the deal is, _ (2) they turned around, or what they had in their hands, or any weapo} what not, So I slowly approach and I'm, I'm scared at this time ca like okay where am I, what am I walking into cause I cant see ai at that point and uh, they uh, when I get to the car I see it start running, but say okay stop, stop running let’s kind of there’s not much out here. Let's see which way they're . d at that point, like I said we're, we started hearing them going toward the brush. We can just hear him making his way through the brysh and that was it FLORES: Okay. 9 : HUFFMAN: A couple follow up questions. neva you, you said that you might have been a 10851, did you know wat the want was at all or did, did wh, do you remember hearing Rodyigués put out what the want was? DIAZ: No. LS HUFFMAN: Just because seen lated to the previous call? DIAZ: We thought it mij related and they said a broken window so we, 1 also assumed itiatight be a 459 to a vehicle or something to that effect. HUFFMAN: O} .d do you recall if that suspects vehicles lights were on or off wi mu. DIAZ: ‘were off. russ: cps Yes. HUFFMAN: Do you know, do you recall how long, did they stay off the whole entire time of the pursuit or did they come on? : They were off? DIAZ: They came on at some point. I don't exactly what point they came on, but they were off for quite a while.HUFFMAN: Quite a while? DIAZ: During the pursuit, Yeah. HUFFMAN: While he was, and what was traffic like throughout that pursuit if any? DIAZ: There wasn’t much traffic at all I don’t think. Maybe I saw a total Le of three or four cars on the road and none of them were like in the direction of our pursuit. Ss HUFFMAN: None of them were affected by his? DIAZ: No. There was just one, like one coming in at the e went off that road and he was just stopped at the stop sign. Hevgind of just passed. HUFFMAN: Okay. Um, and when he, I think ose I think it was out maybe in Tanglewood or out in that area wher fou said he kind of goes off the road and he um, did you put out tha\He was, that you thought he might have TC’d or no? At that point? DIAZ: I put out it looks like the ve es going to TC and then uh, I canceled myself saying never mind He's still going eastbound cause like | said he kind of started fishtaili tik e he, he turned on his brake lights and I thought he was going ¢o ae ‘there. Somehow he started fishtailing and got control back of his looked like and kept going HUFFMAN: Um, whe Gid, when did Fuggs join the pursuit do you know? Oo DIAZ: I remet Sis him coming up behind me probably around, I remember 5 jis headlights behind me probably like at passed, a little bit d Tanglewood or somewhere in that area. I wasn't focused too mucihbéan just remember seeing him. Alright and so when you come to, when, after he, the suspect Re ‘um, are you aware where Fuggs is positioned at, at that point? diaz: No i'm not. !'m assuming he's somewhere behind us. I don't know exactly where he’s at. HUFFMAN: Um, you said, in your state of mind at the point where he’s putting in reverse and backing up, did you, were you in a position to ‘where you could see the driver? IsDIAZ: | could see his head. HUFFMAN: You could see his head? DIAZ: Yeah. HUFFMAN: Did you make, can, can he, any kind of eye contact with x@ you? DIAZ: No. ‘HUFFMAN: Okay. DIAZ: I could just see the silhouette of his head in the HUFFMAN: But you said that your state of mind is that You're fearful that he, that either Rodriguez is pinned under knocked under the car or possible dead right? DIAZ: Yeah. | just don’t know what's goin, cause when he caught the impact or wh ‘don’t know if he got hit ituation is. HUFFMAN: And you fired? ~ DIAZ: Two shots. R HUFFMAN: Two shots, oy im, and when, after what he, the suspect drove off the driveway he‘comes back around for Fuggs’s car, do you know where Fuggs isat? ds he in the vehicle or is he driving or? DIAZ: I think, l'sapprétty sure he’s in the vehicle. I can’t recalll exactly, but I’m almostprelty sure he’s in the vehicle. “ HUFF) Imost for sure in the vehicle? DIAZ; Fe was in the vehicle. -n you last qualified with your glock 22? eorrnan Um, okay I think that’s, you're, you’re um, do you know o™ DIAZ: Almost toward the end of the qualification month. HUFFMAN: Last qualification? DIAZ: Yeah, the week or two before the end of it. 16HUFFMAN: Okay. FLORES: Um, I don’t think I have anything, just on the, real quick on the medications, you said no medications, is that right? DIAZ: No. FLORES: And then last time alcohol was Saturday? DIAZ: Yes Sir. FLORES: Alright. No pain killers, nothing like that? DIAZ: No. FLORES: Alright. DIAZ: Just Advil. FLORES: Advil? DIAZ: Yeah. ee FLORES: Okay that’s. Okay. S NOWICKI: Just real quick way én you were positioned, let’s talk about the position of the cars becalust everyone keeps on using their hands. So when you're, say the suspest vehicle is, is pointed at 12 o'clock position and you described Diga’s-vehicle as kind of off set at a diagonal maybe at about a 7 o'clock? O) DIAZ: Uh huh, NOWIC: prion and facing towards the suspect vehicle? page yuh, (CK: And then your vehicle was like in the 6 o’clock maybe a little (Bx to the right say to the 5:30. DIAZ: To the 5 yeah. NOWICKI: Right in between? DIAZ: Yeah. v7NOWICKI: Okay. Alright and then so when you were standing in your door jam uh, Diaz did you hear the yelling? DIAZ: Rodriguez. NOWICKI: See I'm sorry Rodriguez uh, you hear him giving commands ‘um, saying something and you hear a shot? Well the vehicle backs up \,2) ub, hits Diaz’s vehicle. & DIAZ: Rodriguez. Ww NOWICKI: I'm sorry Rodriguez's vehicle and uh, and you heaf@sRot, now your mind set when you hear that shot, you're concerged'th, for his, his safety, its not that you fired because you heard hie Shoot, it, it was independent judgment that you felt that there wa: DIAZ: That there was a threat, that something w, g to happen and that’s what I wanted to avoid. NOWICKI: Okay so. DIAZ; | felt a threat. NOWICKI: So it wasn’t simply coal he shot you shot? DIAZ: No. S NOWICKI: Okay. was under the at his situation was and I just wanted to stop the DIAZ: It was soi sf knew he was over there and I didn’t know if he threat to him, cae was the driver who was throwing his car in reverse. NOWIC) carey that’s all] have. FLORES: You have anything to follow up? Okay. & a (Background noise - Interview ends)SANTA MARIA POLICE DEPARTMENT a PowhnSo% (FOLLOW-UP SUPPLEMENT CORE ETON RSE AOR F A || OSCAR TRAIT ae oareR INVOLVED P-PRRENT —-WsWTHESS. @ ous roe ae COREE we - aS a ar as R a R 7 als CV =e BE ston rer ae a a oe = TS we ‘Bit sex - vcore eae uscans aRrRRRECYOT Ze io a" — pa pot por pr es — ae ow vente Cl we ae oe ETE Mae ar oe ro rox oer Flvenwanness @ ot oa TT = TS vewicce CW) caro) = r= LE Duo Gi ctuwenerannesrcvoreo PD 102 revised 9/2009 TSS DEFTONES MET AT LD EADY 6 ORARDED TO De TOTES Di uwomeescunsa reowesreo i cuoseaom Salon =a Secure Se smn mest)SMPD FORM 3/211 SANTA MARIA POLICE DEPARTMENT - 4204 SUPPLEMENT FORM FOLLOW UP #3 CASE NUMBER: 2011R11309 NAME/DOB OF PERSON(S) Roiuez. Hernino 3? Fuggs, Shawn RY) Diaz, Felix S John Arthur Budd > Elizabeth Brewer wn<<< EVIDENCE PF HO Digital audio of interview with Officer Fuggs Cy NARRATIVE ‘On October 25, 2011 at 0300 hours | was contac by Sergeant Flaa and asked to respond to Casmalia, CA regarding an o! volved shooting. | asked Officer Fuggs for a quick brief efor happened. Officer Fuggs was later interviewed in detail by Detective Hug @ STATEMENT(S) 9 @ ¢ Shawn Fu O* _10-25.2014 hours The following is cyt ry of Officer Fuggs statements. The conversation was recorded on digital Audio, for details refer to the recording. Officer Fuggssisid me they were westbound on Point Sal Rd and he broadcast they 1g to @ dead end. Officer Fuggs saw the suspect hit the poles surrqunding the fire hydrant. Officer Rodriguez’ car was positioned behind the sugpéels pick up. Officer Fuggs’ patrol car was positioned behind Officer riguez’ patrol car. Officer Diaz’ patrol car was to the right of Officer Rodriguez’ fr. Officer Fuggs said they were yelling at the suspect to show his hands and the suspect kept trying to move off the pole. Officer Fuggs said the pick up went backward in reverse and hit Officer Rodriguez’ patrol car. Officer Rodriguez fired and he heard more rounds being fired. At the time of the incident Officer Fuggs was not aware Officer Diaz had fired. Officer Fuggs saw the driver's side window DETECTIVE P. FLORES 17310 91/2/2011 PAGE 1 OF2SMPD FORM 3/211 SANTA MARIA POLICE DEPARTMENT - 4204 SUPPLEMENT FORM FOLLOW UP #3 CASE NUMBER: 2011R11309 on the pick up shatter. The pick up moved forward into the yard with Officer Rodriguez, Officer Diaz and himself following in their patrol cars. »@ They drove into the driveway and the pick up went behind the house. a Fuggs was getting out of his car he saw the headlights. Officer Fuggs thought the suspect didn't have anyplace to go and was going to hit him. T] up hit Officer Fuggs’ car head on at about 30 MPH, lost control and ken coop. ‘The pick up spun 180 degrees and was facing back in the sj irection and caught fire. There was a large amount of dust in the air s ‘couldn't see but heard someone get out of the pick up. They started to ‘and could hear the suspect moving through the brush. They weren't suredfty ‘suspect was armed so they held the perimeter until other officers arrived... DISPOSITION Forward to DETECTIVE P. FLORES 17310 411212014 PAGE 2 0F2Grouse | tome] SANTA MARIA POLICE DEPARTMENT [EE7. op MANFOT Pe FOLLOW-UP “/ OC) SUPPLEMENT aE 2 7 oe tier ET Bre. (oer 7 SANTA pra, CA Mpa aon oo moose emmenran emis ata a Se Beer (om il awe serae i = rc a a oe oe =p Hoven? [ww WVacce, seayS A TA x = eh poe = . Sh ere ee = a pp Ee oe 7, Parmaek oe Le =e Hee Soe i = = Flutie vcaan PS all Se wor Fruaconcs racers Raa ITER ay Tara wT > s a0 =F A 2. 1710 PT, oni aed coins EROS EY LTENT ESTO FORT ae Gnrcnocnan pS a Clamsrammrace Grecunamesmecios Ee rere PD 102 revised 9/2009._ SMPD FORM 3/211 SANTA MARIA POLICE DEPARTMENT - 4204 SUPPLEMENT FORM FOLLOW uP #4 CASE NUMBER: 2011R11309 NAME/DOB OF PERSON(S) Rodriguez, Herminio Fuggs, Shawn Diaz, Felix Budd, John Arthur Brewer, Elizabeth Valle, Jesus S0nec< EVIDENCE PF #10 Digital audio of interview with Sgt Valle : NARRATIVE x On October 25, 2011 at 0300 hours | was fed by Sergeant Flaa and asked to respond to Casmalia, CA regarding an involved shooting. (On October 25, 2011 at about 0840chguirs Detective Huffman and | spoke to Sgt Valle in Sgt Flaa's office. Ss STATEMENT(S) @ 's Valle G* october 25,2011 0840 ho The following ary of Valle’s interview, for details refer to the audio recording. Valle told meth’ was the night shift supervisor at the time of the shooting. Valle was in ea of Alvin and Western when he heard officers dispatched to Via Rosa.Valle heard the call as a supicious circumstances involving a broken vehicle wi and an occupied vehicle. Officer Rodriguez broadcast that he'd earlier pien a stolen automobile report in the same area, After Officer Rodriguez arrived transmitted that he'd located a truck blacked out. Officer Rodriguez broadcast that the truck was fleeing and gave directions. Valle heard the speed broadcast as 80 MPH to 85 MPH. Officer Diaz joined the pursuit with Officer Rodriguez. Valle drove to overtake the pursuit; however, as he DETECTIVE P. FLORES 17310 141212014 PAGE 1 OF2.SMPD FORM 3/211 SANTA MARIA POLICE DEPARTMENT - 4204 SUPPLEMENT FORM FOLLOW UP #4 CASE NUMBER: 2011R11309 reached Casmalia he heard the officers broadcast that the truck had crashed. When he reached the scene at the end of Point Sal Rd he found the patrot cars, &@ the driveway. Officer Diaz was out of his car and appeared to be searching for the sus, saw the truck was on fire and Officer Diaz took a fire extinguisher ut the flames. Officer Diaz told Valle the suspect had run into the brush en other officers began arriving at the scene, Valle began establishinga getimeter Valle saw a bullet hole and fragment in the truck and cc ited to Officer Diaz that the truck had been shot at. Officer Diaz told him wei at the truck. Valle found out that there had been a radio omni ing of the shooting. Vaile speculated he didn't hear it due to the poor radio, jon in that area. Officer Rodriguez told Valle that the masgi a pole that was protecting a fire hydrant. Officer Rodriguez and Officer Dfe2positioned thelr cars in a “felony stop* position behind the truck. Officer mel got out of his car and stood between his door and the car. The eeled off” backward and struck Officer Rodriguez’ car knocking him ff Balance. Officer Rodriguez fired a shot because he thought the driver was agsaulting him with the truck. Officer Diaz also fired a copule of rounds at th Officer Diaz who was nearby confirmed to Valle that he had fired 2 roungs.C) Valle said he gone oul that Officer Fuggs’ patrol car had been rammed by the truck. to District Attorney's Office DETECTIVE P. FLORES 17310 1112/2014 PAGE 20F2» » SANTA MARIA POLICE DEPARTMENT CRIME LABORATORY EXAMINATION REPORT BField Blab 65487 PC Atempt Homicide 201111300 ee a g we 3678 Point Sal Road x@ Bae | 10.25.2011 S91. Flaa 21642 1 5 Shon ors) B eon soe CeOGE VV S-SUSPECT RPCRRPORTOGPINTY I-CD W-WmaSS PLPROTT 8 coeur 3 Sete [| meonrr a g ors a] v_ | state Serie y, |e | ame ST a 8 mm S _| Bude, John Arthur 10/12/1974 Sie baste = 3 Sey |S | Brwer, Ellzabeth 03/08/1970 Brews” [ae pac — [ar CROTON eae io @ pseaewoenceeummanon veo! oe 8 mowsune roo | eee = goes onan |B threvreovrarsow Crime Scene investigation of above listed crime scone{ ah eesociated evidence, Scene documentation . Suspect vehicle processing TR TROT. or Tone Sot. Flaa Sutcliffe 90027 | Mdadaleno / Jor a Teo oe ar HE 90027 10-28-2011 fi jofr3fy? EERE BPS a Scone and fbi Tutte tose 1027 2h [orn o> TRIWERESEY Property crime tab 10-27-2011SMPO FORM 3/211 SANTA MARIA POLICE DEPARTMENT ~ 4204 CRIME/INCIDENT/ARREST REPORT CASE NUMBER: 2011R11309 NARRATIVE 4) (0n10-25-2011 at about 0400 I was contacted via telephone at my residence by regards to an Officer Involved Shooting. Sgt. Flaa related that an incident had o Pt. Sal, Casmalia area. Sgt. Flaa returned a call a short time later and requestedhhat the crime unit respond to assist with the investigation. | was advised that two suspey and were currently at Marian hospital. | contacted Tech Magdaleno an Jorge and advised them of the circumstances. | assigned Tech Magdaleno and (Fgeh Jorge to respond to the hospital to process the suspects In this case. | responded in station and arrived at about 0500 hours. Tech Magdaleno and Tech Jorge were en routs to the hospital. | responded to Pt. Sal road, and arrived on scene of the ini bout 0515 hours. | met with Sgt. Flaa, Detective Ridge, Detective Flores, Detective bel ja and Sgt. Valle. Detective Flores provided a description and walk through of the scene | was advised that officer's were involved in 2 pursuit(@tja Toyota pick up occupied by two individuals. The vehicle was pursued to the area of 3678 Pt. Sal Road, where the suspect vehicle impacted one of two metal posts prote fire hydrant, causing major damage to the front portion of the vehicle. The suspect vehfp> accelerated in reverse, striking the front push bar of a patrol vehicle (# 3412). Officers fi@'stiots at the suspect vehicle, which proceeded off of the main road in a southerly di Ofjt6-a private driveway with three separate residences and additional outbuildings. Tho sue vehicle maneuvered around the back of the house on the south end of the property in wee r-clockwise manner, striking the west wall of the residence, a fence on the east sldg-and scraping a tree that is north east of the residence before striking a second pol cle in the left front fender area, The suspect vehicle continued north up the ate drive and impacted a wire and wood chicken coop on the ast side of the dive. Thixeuspect vehicle spun and ultimately came to rest facing in a southerly direction agaist a barbed wire fence on the west side of the driveway. The suspect fled and was eventiatly apprehended 2s well 2s a female passenger, who had exited the vehicle while it wa@)behiind the residence. Officer Diaz's vehicle (Unit #3411) was located near the northwest comer of the southem resident ificer Rodriguez's vehicle (Unit # 3412) was located on the gravel driveway. betweeh.the southem residence and Officer Fuggs vehicle, facing in a northerly direction. apse Fusgs vehicle (Unit # 3417) was located on the gravel drive facing in a southerly direction between the suspects vehicle and Officer Rodriguez's unit. The suspect's vehicle (Green Toyota pick-up conse MED as found facing in a southety direction, with the Tight side of the vehicle resting against a barbed wire fence on the west side of the gravel roadway. Sutcliffe / 90027 1‘SMPD FORM 3/211, SANTA MARIA POLICE DEPARTMENT — 4204 CRIME/INCIDENT/ARREST REPORT CASE NUMBER: 2011R11309 | proceeded to take overall digital images of the scene and later placed placards identifying evidentiary items for later documentation and collection. The traffic unit responded with total station measuring unit and began diagramming the scene. Assistant Tech Magd and Assistant Tech Jorge responded to assist. The following evidence items were. subsequently photographed in place and later collected as evidence: XS Item #TS-1: Winchester 40 Cal shell casing. Found on paved roadway (| jad) Item # TS-2: Winchester 40 Cal shell casing. Found on paved road aye Sal Road) lem #TS-3: Winchester 40 Cal shell casing. Found on paved = (PtSal Road) item #TS4: Small plastic portion of front grill to suspect vel? Found by pole adjacent to fire hydrant. ¢ tem TS-6: Small wooden souvenir bat with “Angels'\Jogo. Found on dirt by suspect vehicle drivers door. Item # TS-6: Vehicle lens fragments from fronpieft tum lens assembly of the suspect vehicle. Located on ground next to northwest comet gf Souther residence, Item #TS-7: Front plastic grill of sushedt Vehicle. Found on ground west of the southern residence. @ Item # TS-8: Right side rit ilaps vehicle. Located on east side of gravel drive, south of unit 3417. Item #TS9: Left front@heel fender trim piece from suspect vehicle. Found on ground near northwest comer as ern residence. hs ens fragments. Believed to belong to the left front turn lens of police unit # gravel roadway south of unit # 3417. iece of plastic trim piece. Found in area of item # 10. 1K T$12: Plastic Toyota emblem. found on gravel roadway north of item # 10 and south of unit 3417. Plastic emblem is from left rear wheel of suspect vehicle. Item #7513: Expended bullet recovered from interior hinge portion of locking gas filler lid of suspect vehicle. Sutcliffe / 90027 a‘SMPO FORM 3/211 SANTA MARIA POLICE DEPARTMENT — 4204 CRIME/INCIDENT/ARREST REPORT CASE NUMBER: 2011R11309 Item #TS14: Bullet jacketing: Collected on 10-26-11 at 1630 hours- SMPD offsite facility. Collected from front driver's seat area of suspect vehicle. x@ Item # TS15: Compact Disc containing aerial photographs of incident location. P| es taken by Senior Deputy John Simon of the Santa Barbara County Sheriff's De} 2 Item # T$16: Small suitcase with men’s clothing. Obtained from Detecting crime scene. (Handled by female suspect) x Item # TS17: Digital Photographs of crime scene downloaded anda ‘on DIMS system. Following the collection of the evidence noted above, addi jocumentary photographs were taken of the exterior portion of the suspect vehicle, noting visible damage and approximate size. Also noted were impact exit locations of suspet tedibulet projectile strikes to the vehicle. (One round appeared to enter through the driv@y’s door window, which was shattered at time of impact and exited out the front windshield éf\he vehicle, near the left windshield frame. The exit location on the windshield was ni proximately 3 % inches above the base of the windshield and 3 % inches towards the passenger side of the vehicle from the left windshield ‘support frame. Sm A secondary projectile strike ldgation was noted on the lower exterior portion of the driver's door. The projectile app: ‘gouge into the door metal from back to front then glance off at steep angle. The projectil&strike is approximately 3 ¥ inches in length and is approximately 4 inches above the pone, of the vehicle frame at its point of impact and approximately 3 poi inches above the tion of the vehicle frame on it's exit, indicating a downward angle. The point of irn s also noted as approximately 19 % inches to the rear of the front left wheel well, aSiqated in photographs. A third (Rite strike was noted as impacting and penetrating the lockable gas tank filler door ited on the left side of tha vehicle cargo bed. The impact location was ifnately 8 inches below the top of the truck bed side and approximately 17 inches to the f the front portion of the truck bed as it affixes to the truck cab area. A projectile (Item # S13) was recovered from the interior hinge portion of the gas filler door. | continued by documenting damage to the front fender — push bar of vehicle # 3412 and the front left fender light and broken tie rod assembly to unit # 3417 Sutcliffe / 90027 3SMPD FORM 3/211 SANTA MARIA POLICE DEPARTMENT — 4204 CRIME/INCIDENT/ARREST REPORT CASE NUMBER: 2011R11309 Measurements of vehicle and evidence locations were documented by Traffic Officers the “Total Station” measuring device. Please refer to their reports for details. Additionally, Overheard digital images if the scene were captured by senior De ‘Simon of the Santa Barbara County Sheriff's Department Aero bureau and pr Cs ta damn. if mn disk. (Item #TS15). “e Siete oar It should be noted that while examining the vehicle paths and debris | di lens fragments recovered as item # 10 (Believed to be from unit 34° deposited at the time of the collision with the suspect vehicle. A gouge in the gra near the lens fragments is believed to have been caused by the broken ‘eo smbly of unit 3417, Indicating that the unit was struck by the suspect vehicle in south of its point of rest at the time of the investigation. A search of the area was conducted for expended proj sete but met with negative results. Allof the evidence was secured in the crime lal beta to the station. We cleared from the scene at about 1130 hours. asin al to the station all of the evidence items were secured in the crime lab. Al of the digit aes 1ages were downloaded and saved on the DIMS system under the above listed cass ee ‘Thursday, 10-27-2011 On Thursday at about 1330 ho} sch Magdaleno, Tech Jorge and | responded to the Santa Maria Police Department O' city for the purpose of searching and documenting the interior portion of the sp jehicle in this case. The vehicle had been secured within the locked vehicle bay of the facility after being towed to this location following the incident. A search warrant had on 1é¢ obtained for the vehicle by Detective Zickuhr. possible evid Dated er Itefp-4F51: Samsung Cell Phone and charger found on driver's seat. 1 took digital a the interior and following a search the following items were retained as Item # TS2: Glass jar containing suspected marijuana and zig zag brand papers, found on front passenger floor board. Item #TS3: Driver's license ED in vane [TI Found on pocket of blue jean shorts behind right front passenger seat. Sutcliffe / 90027 4‘SMPD FORM 9211 SANTA MARIA POLICE DEPARTMENT — 4204 CRIME/INCIDENT/ARREST REPORT CASE NUMBER: 2011R11309 Item #784: Red and white duffle bag containing Maxtor hard drive, Nintendo DS, assorted?) wiring and other misc. items. The bag was recovered from the left rear portion of the cab. behind the driver's seat. RS with teferio suspect. letry bag. Q cords, etc. Item # TS6: Black bag containing lap top computers, network cables, pope Located behind drivers seat of vehicle, SS Tem #TS7: Briefcase containing tattoo equipment and solo badge. Locate behind ltem # TSS: Envelope addressed John Budd. Recovered from blue “Gripple’ drivers seat. Item # TS8: stand up glass pipe, commonly referred to. @eBong" located red “USC duffle bag behind front passenger seat. Item # TS9 was noted as the the above listed case number. ital images coxa and stored on the DIMS system under These items were subsequently trans; Grote crime lab and later booked as evidence along with item #TS1 through item #[S/7 which had been obtained on 10-25-2011. No other items of significance Fite. A copy of the search wayan{sbivice and Property Control report were left in the vehicle. We cleared from the off site faéilty at about 0230 hours. A DOJ request SPritea for evidentiary item # PF1 through PF8 as well as evidence items # TS1, T: '3 (Shell casings) item # TS13 (recovered projectile) and item TS14 (Recovered bhlét jacketing) including analysis and comparison. DISPos! Fepsgia copy of this report to the DA for review. 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O° J arrived at the SMPD crime lab at approximately 0450 hrs. Mggtiéleno and I responded to Marian Medical center, 1400 E Church to photograph andadmine suspect(s) and officer injuries which occurred in this incident. Magdaleno and | met with Ofc Miller, Ofc Santiagi £58 Ofc Fick who stated the male suspect identified as John Arthur Budd Jr DOB 10/12/1 g7¢Was located in emergency room #5  with a dog bite wound. The female suspect th Brewer DOB 3/8/1970 was located in another emergency room. Assistant ID T: \daleno processed S-Brewer for evidence, see her report for further information. ion was located in emergency room #11 who also sustained a dog bite. zg | took overall photographs of suspect John Budd Jr. S-Budd contained numerous amounts of tattoos and | observed a bandage on the left side of his arm. | took overall photographs of the bandaged area on S-Buddsveft arm, the location of the dog bite. | obtained GSR from S-Budd using a gun shot residug it. Hospital staff then removed the bandages where | again took overall and close-up photographs of the injury with and without measurements. Magdaleno retrieved and pat a black hat which was located in emergency room #5 and #6. | completed evid&nés processing of S-Budd at approximately 0550 hrs. Items taken emergency room #5 and #6: ltem #. HoGun shot residue kit from John Budd tent : Buccal swab from John Budd Item #AJ3: Black hat with “Hydrofarms” | took overall photographs of Officer Hutton’s K9 dog bite Injury. The injury was located on his left shin area. The wound was approximately .5 inch wide and 1.5 inch in length. | took overall and close-up photographs of the injury with and without measurements. We left 1400 E Church at approximately 0615 hrs. Technician# Jorge 23794 1‘SMPO FORM 3/211 SANTA MARIA POLICE DEPARTMENT — 4204, CRIME/INCIDENT/ARREST REPORT CASE NUMBER: 2011R-11309 Magdaleno and | then went tothe crime scene located in Casmalia, 3678 Point Sal atx approximately 0644 hrs. We met with ID Tech Sutcliffe who provided us with a walk-thnu@)the scene. Sutcliffe stated there were tire skid marks located at the dead end of Point sata According to police personnel the suspect's vehicle, two doar green Toyota Tacom@)itcense ata i a pole which was blocking a fire hydrant and then backed patrol vehicle leter identified as unit 3412. The suspect vehicle then drove into a prfvale driveway where he drove around residences 3674 leaving a tire impression tral iSpect vehicle then continued back onto the private driveway where he hit the front drivocbide of Ofc Fuggs unit 3417. The suspect vehicle then hit a chicken coop located west of{hé front residence 3478 Point Sal road in the private driveway. The suspect vehicle then came to rest against a wire fence. noticed approximately three bullet holes, one located front windshield, gas tank area, and a bullet strike to the bottom driver door. The dri le window was shattered. The front end and side rears sustained numerous amounts, iage. Unit 3417 sustained undercarriage damage and driver side damageywhich came to rest southwest of the front house at my time of arrival. Unit #3412 sustaifigi'a dented front push bar and front hood which was located in front of unit 3417 at my ti rival. Unit 3411, Ofc Diaz's vehicle did not sustain any damage and came to rest ih frpnt of residence 3674 Point Sal road. ¢ | observed numerous amounts of tire impressions winasios asphalt and dirt area. 1 Sutcliffe took overall photographs atfre scene prior to our arrival. Once an initial walk-thru of the scene was complete, | took Qverall photographs of tire marks located on Point Sal road, just before the dead end. Plépards were placed near evidentiary items. | took overall and close-up photographs of itetns #TS1-TS4. Heft 3678 Point Sal sath at approximately 0750 hrs. oO Iretumed to a6 Nint Sal road at approximately 1030 hrs. Using orange paint, the traffic bureau outlined skid marks associated with thi tool | photographs of the skid marks. We left 3678 Point Sal road at approximately 1200 hrs. At approximately 1300 hrs, I took overall photographs of John Budd DOB 10/12/1974. Assisting me was Ofc DeLeija. | took photographs at four quarter tums. S-Budd had numerous amounts of tattoos located on his persons and what appeared to be small scabs located throughout his person. Technician# Jorge 23794 2