mama San Antonio Police lieparuuem Internal Affairs L'nil Investigation Report Unil (:1ch 11111117211) Dale 11mm; May 21. 2014 mm Expircs: Navemlm A Damion: Afilnrs Unit Flle ,1 Chairman. ChicR Advisory Aclion 303113 1 Chlef 5 Advisory Action Bond omeral as Cllavaz?1907 (TSA) "wv Cr 1 > W, 2m 56- E, Regalia Carlos 111, San Anmnio Ms, mpllim was reach ed by lnt'cmal AfTaLh's on May 21", 3014. An investigation was initiated, resulted the below lisind allcgafionss 11 is alleged by Rogelio Carlos on Tulsaay, May 211'", 2014, unduly mm Demalvc (anl 1m and kicked him his hands and feet in head and lludy fuming Mr. Carlos :0 gram-1 which 'mscd Ml: Cams pain Deleclive was in plan-1 clothes activcly surchan for a not who had a Fuluny A>squl Family Violence 2 11 mar and may have been 111 possession ofa firmx. Carlos was in the area of 11:: Search on fool: and was confirmed as possibly being the suspect 1n qucsllorl Mn Carlos was dcmluerl, handcuffed and ultimately rclcascd. Sec case sunmusexn. 113.1. conduct could be . vlomlrm of Antonio Palice General Manual: Pgocedurc so], tse of Force, Secliun ,05, Application Forte. subsufinn (B). APPLICATION OF FORCE 3% Police officers finding it ncoessar) In use force us achicvc a lawful police shall use a reasonable 11ileth offarcc to affect me ohjemivc. However, nmhing in [hls procedure is merth mean 11m an affirm mills: prolong any combs: or struggle in order to My any of cscalau'rm rather than rcsorl 11 1e: asonablc mahod that molch suumion in lhe sales: and mosl :xpedient 2 'Blackhum 33211 Date. Alrgusl 19, 2014 111M p.·.'.~,,, u San Antonio Police Department Internal Affairs Unit Investigation Report Unit Case: IL2014-203 ! qt"ficerCarlos Chavez #1507: :: ,,[ ;: Aflegation: It is alleged by Rogelio Carlos on Tuesday, May 20'h, 2014, on-duty SAPD Officer Carlos Chavez #f507 (TSA) hit and kicked him with his hands and feet in the head and body while forcing Carlos to the ~pund, which caused Mr. <;:ar!os pain. Officer Chavez was in full unifom1 actively searching for a suspect who h~p a Felony Assault Family Violence 2"d Warrant and may have been in possession of a ·fireann. Mr. Carlos wlfs in the area of the search 011 foot, and was confronted as possibly being the suspect in question. Mr. Carlos wHs detained, handcuffed, and ultimately released. See case SAPD14108680. ' Ti,is conduct conld be a violation of San Antonio Police Department General Manual: Pj:•ocedure 501, Use of Force, Section .05, Application of Force, Subsection (B). f .$ APPLICATION OF FORCE Bi/ Police officers finding it necessary to use force to achieve a lawful police objective shall use a reasonable a~1ount of force to affect the objective. However, nothing in this procedure is interpreted to mean that an officer 1>\,ust prolong any combat or struggle in order to satisfy any element of escalation rather than resort to a nfotsonable method that resolves the situation in the safest and most expedient Officer Virgilo Gonzalez #1553 S; H 41egation: It is alleged by Rogelio Carlos on Tuesday, May 20'h, 2014, on-duty SAPD Officer Virgilo 4onzalez 553 (TSA) hit and kicked him with his hands and feet in the head and body while forcing Mr. 41os to the ground, which caused Mr. Carlos pain. Officer Gonzalez was in full uniform actively searching for a~uspect who had a Felony Assault Family Violence 2nd Warrant and may have been possession of a firearm. :rJi~. Carlos was in the area of the search on foot, and was confronted as possibly being the suspect in question. l'Jlr. Carlos was detained, handcuffed, and ultimately released. See case SAPD14108680. f-i t• 'tlf1is conduct could be a violation of San Antonio Police Department General Manual: Htocednre 501, Use of Force, Section .05, Application of Force, Subsection (B). r:: .JS APPLICATION OF FORCE di Police officers finding it necessary to use force to achieve a lawful police objective shall use a reasonable at11ount of force to affect the objective. However, nothing in this procedure is interpreted to mean that an officer nimt prolong any combat or stmggle in order to satisfy any element of escalation rather than resort to a rf:asonable method that resolves the situation in the safest and most expedient ,..-0.---------------------------'----------------~ ' Ibi;ternal Affairs Investigator: Sergeant Lan_)' Blackburn #3211 ··- Date: August 29, 2014 U-------~-----------2-o_f_4---------------------~ ----·-····-· ~------------{'i.~ Form 200-15A /.·,,.·· _ _ _ _ __ San Antonio Police Department Internal Affairs Unit Investigation Report f _ _ _ _ _...___, Unit Case.: IL2014-203 Documentation of Investigation: -12 3 4 Formal Complaint Notice Formal Complaint Notice Foimal Complaint Notice Lieutenant Timothy Vaughan Lieutenant Timothy Vaughan Lieutenant Timothy Vaughan Sergeant Lori Goss Sergeant Larry Blackhllrn Sergeant Larry Blackburn Staff at Santa Rosa Staff at Office Staff at Office Juanita Lozano Sergeant Jim Jones Sergeant Larry Blackburn Preliminary Packet -~ Case Notes/Audio D Byrd --<1 Telephone Audio David Byrd 1 .S 9 . ,.....-12 \'¢1 . IA Santa Rosa Medical Records 'Medical Records Stillwater Dental Care EMS Patient Care Report Case Not~ 121 A l l e g a t i o n - is 14 Garrity Warning Sheet Respondent Officer Report .lrS" Receipt of Documents Viewed .1-6 AJlegation Carlos Chavez .:J:-7 Garrity W aming Sheet }8 Respondent Officer Report 2 19 Receipt of Documents Viewed 2 . I i! • 2i • I , Detective Sergeant rry • • Sergeant Larry Blackburn General Manual Officer Carlos Chavez Sergeant Larry Blackburn Sergeant Larry· Blackburn General Manual Officer Virgilo Gonzalez Sergeant Larry Blackbum . 20 Allegation Virgilo Gonzalez ~r l~ Garrity Warning Sheet Respondent ,Officer Report 2 Receipt of Documents Viewed 2 Internal Affairs Investigator: Sergeant Larry Blackburn #3211 3 of 4 Date: August 29, 2014 Fo····!···.·.•.·.n • . / • San Antonio Police Department Internal Affairs Unit Investigation Report '00-15A Unit Case: IL2014-203 LJ _______________________________ 1 i; ' Qonclusion/Recommendation: Based on the above listed statements, officers' reports, and information, I respectfully submit this ca<;e to the Chief's Advisory Action Board for their review and recommendation. . . l, . (L _;;rj:?# ·}N~«d~L?r / ~ {;-4 " arry J¥ackburn #3 211 Affaul.(l:nvestigator J Timothy Vau~\1 #4068 ( I·~ernal Affairs ljmt.Director 0 fl fJ. ti . '-i t 11~~1~~ Q~pf. James Flavin #5014 l~~ernal Affairs Commander· rl'I 1•temal Affairs Investigator: Sergeant Larry Blackbum #3211 : r 4 of4 Date: August 29, 2014 J ~· S.AN ANTONIO POLICE D EPARTMENT INTEll.\lAL AFf..uR.5 UNrr lNTE.ROf.FJCE CORR ESP ONDENCE fFSH} FROM: Captain James Flavin, Prcifessicpal S tandards Comm an der COPIES: Street Crimes Division Corrunande.r Covert Section Commnnd<.~r Lt. Timothy V a ughan., Internal .Affairs Unit Din?.Cior DATfa AugPSt: 19'\ 2014 I. A Formal Complaint has be~m filed aga,inst you I-egarding ternal Affairs investigator will contact you regarding the aforementioned complaint. You may be eligible to request the expedited disciplinary track. Please refer to Procedure 303, Disciplinarv Procedures, Section .04, Formal Complaints, Subsection C I\ fi) t'U'f{'cl:, ~!();.;v ~ "" Captain James Flavin Professional Standards Commander ------ ----·-~--·--- --·---- - - - .. ---- - - - - -·- ·-- ---·------ SAN ANTONIO POLICE DEPARTMENT I!\TTERNAL AFFAIRS UNIT INTEROFFICE CORRESPONUE,"JCE TO: Officer Virgile Gonzalez #1553 (TSA) FROM: Captain James Flavin, Professional StandaJ"ds Conunander COPIES: Tactical Support Division Commander Homeland Security/ Emergency Operations Section Con:urumder Lt. Timothy Vaughan, Internal Affairs Unit Director DATE: August 19"\ 2014 Formal Complaint Notice A Formal Complaint has been filed against you Iegarding an incident that occurred on May 2Qth, 2014. The complainant, Rogelio Carlos, provided a sworn written statement to Internal Affairs Unit that has resulted in allegations for Use of Fmce: Application of Force. This allegation may violate the Rules, Regulations or Procedures of the Department. The Internal Affairs Unit will conduct a thorough and objective investigation of the allegations made against you. Please refer to the following case or file numbers in connection with this :incident: IL2014-203 SAPD 14-108680 For an understanding of your contractual rights, relative to this :investigation, please refer to the COLLECTIVE BARGAINING AGREEMENT BY Al\IU BETVY'EEN THE CITY OF SAN ANTONIO, TEXAS AND THE SAN ANTONIO POLICE OFFICERS' ASSOCIATION (October 1, 2009), Article 28 (Disciplinary Actions) Section 15 and Article 29 (Internal Security Interview Procedure) Section 2. Internal Affairs Investigations. For an understanding of your responsibilities, relative to this invesligation, please refer to the San Antonio Police Department General Manual, RULE and REGULATION 3.27, GIVING INFORMATION IN INTERNAL INVESTIGATIONS: A. DUTY TO GIVE INFORMATION and B. GARRITY WARNING. Please be advised that an Internal Affairs investigator will contact you regarding the aforementioned complaint. You may be eligible to request the expedited disciplinary track. Please refer to Procedure 303, Disci:pliuai:y Procedures, Section .04, Formal Complaints, Subsection C ~(\U)"r'OCUhJ!EN1' ":_~-- Form ff 66-A ! An1tonio Police Department Internal Affairs Unit Sworn Sta:temcnt STATE OF TEXAS STATEMENT OF: ----TAKEN BY: Sgt. Blackbum #32 I l LOCATION TAKEN: Dolorosa 402 DATE: 5/28/2014 1:47 PM --~···--· OF BEXAR the State and County afores:aid, on this day personally nppcared Rogelio Carlos who being by me duly sworn his111er de~!Qst's and says: My nmne is Kogcrm Carlos lll and my date of birth is I live at - Bend, San Au1to1110, 78154. I went to Burgis High Scb.ool in El Paso, Texas and graduated in 1991. I mn cmrer:tlv working at A1T1enc11n Airlines. I can OHice to corner of Westover Hills speak xnd understxnd the English language. I am this statement about an incidenl that occurred on Rodgers Road 100Km.g at nnmertv I own. t."heddng on progress a building currently being built for my wife's business. Suddenly a mm drivin:v a red truck was tj.prning at me on my nrcmerlv in his e,~thcs, He stopped suclaenly just short bitting me. The man, in j11m1Jed out of the truek and told me to get on the ground. At almost the same time, San Antonio Offieers and to my !saw yelling to get on the ground so l immediately complied. As >.vere getting into a prone position, I yelled that ''this is my property" and I was struck by three left officer in plain the offieers kept hitting and kicking of my face and jumped up and down on my head. The process the handcuffs were placed on me gun?" I told is my building, as l motioned toward I don't have a stopped beating me. is my property and building under construction. lof3 ----- San Police Department Internal Affairs Swem Statement olie or the officers looking through my cell phone. to explain who was and told me I was [' n41: the person they were z; d~i1gerous? I told that it's not me, I The officer said thld the officer 1 had to pick l officer said to shut up don"t you know we are looking for someone lookJJJLg for. fit what you told me to do, why hell did you profile." I said '-well you didn't have to kick my ass." 1ny One of the offieers came back and said they handcuffs were aJ!;other loc:atl:on and complied can.gilt the off of me. S~rgeant Blackbum ask me to nmne the officers !hat I have a complaint aga.inst and the spIVl'lrT· I authorize pe1rsons: Employe~cs deem necessary. m::ip1ent or where my health information should be delivered: San Anton1'1 Police Department, _ __ll;!llil~-----'on or !!hour the _l!l~ of_-,.FJ\,~ia~y _ _ _, 2014. released records relating \o: the En1errei1cy Ce!1ler, Consultation Reports, Reperts!Films, Reports. Laboratory reports, Outpatient \~sits, Billing Records, Kurses and & In addition, (please spt:cify) released includes the following other The information to Physician's orders, ~ understand this authorization will expire 180 days from the date of this signed authorization. • Tunderstaad that if the recipient aurhorized to receive the information is not a hewood Bend Di~L Wc::1ov,er Hills BLVD at St Hwy 151 OrtMrt"111tt --Datt i.: Tinn.·- of Ottur;·;nC€ lh1u; ad Titnv .,[ii~<;;rt 05/21/14 1445 05/20/l 4 1400 5340 Arr11,n,t1 Person; Gonzalez-Rodrigu~ Josu<' L/l\tI D O B - t"', Possessitln of a CIS WII to deliver 4-2011 oz, Possession of a sllorl barreloll fineii,·m. res1islii11g arrest, and evading uresl vehicle. Ch~t''°"' Warrant Assault Family vi.,lence 20°' 11114 hours Oetecliva with !lie SAPJ) HIDTA unit aetmg on information from a eonflldentfal inf!{t1mu1t began t-0 full1>w tile AI' (Gonnlez..Rodrignez), The Detectives knew Iba! Gonz~Rodrigoez was active 011 a felony fann1y violence warrant and hp. Several members of tbe SWAT l 41(1 In attempt lo ll"lP with thr,!»t;op. Ybarrll got bebfad Q:in:zalez-Roorig11cz's vehicle as he exited Loop 410 1mto 151 and fullowed him ioto a parking iot. At tlt:!,Utime Gonzalcz-Rodrig1tez llecl in his vehicle .to a Rudy's BBQ and ablmdoned hiS villhidc fleeing on foot into a large W<"lfl!ed arel& west of Westover Bills nd 151. Ybarra -ured the but lost sight of Gdri1goezdnem prior history ofviolen Jund. !bell kicked at in his band as he llis sh.onldtt and pushed him to the gro\llld trip~fell on of the subject as uniil!>1rm•?d SWAT Officers Cbvez # 1507 and Gonzalez # 1553 arrived to assist bim.~at be them ~watch ml gun tbey fo11nd one in Ille car,» Chavez stated that the sub.fed Wllli told to show lhem ltis hmulm that were under Iris body but nut so be had to strike tile subject llar~ separat<.> times wi!l1 a dosed list befor• they were •l>le to secure Ills hands. afrer lbiS suliiecl was secruied these Officers were advised over the racilo that another.sul!ject had bttn. •PJ?1:ntk of them. Once everyone wa1 ~urL>d the person ~ontacted '".as fo~nd not to the 11 that ltlld fled from Officer Ybarra. He was then rele:&ired from e11study and identifie go to the hospital on his O\YU. 1 gave him the case number and roy contact to. inl'jir1matio.nand he departed to lite lwspital. · CJJ;_;\R!lD rn· ARRLST ( l CU.::'i.JlliO HY t r J\;\'f;Nti.f:;.ARRLST CtDARED BY EXC'EPTlOK ( OROTHEF. Mf1ANS ! CHANGE Or ( OFPI'iNSF PROOJU.~'55 or { ) 1NVf;ST!GATION SUPPLEMENTARY REPORT ONLY SA!'D fomJ 3-L Rc-v. (Sep.OU) San Antonio Police Department 11'41~~;;,.-;;:; ~,' ·~------------------.-,-,,,,--""""""'· -,-"'---------.-'nlplyingWiththeved;lal cormnands lt!at werepeing-1 1- 3 0 0 ~art to assist him during the ·~iven to him by D e t - (OJ Had JtJas strutksi!JterAP[}2014-0474S-1410311'ARREST "'an Antonio r ;'>umary Otf0fl$C Po11ce Department I 00$$WllDElCS PG14G"20JG:__ _ _ _ _ _ __ I V-::e ITmw ('.k.ictw,vd 5r.'.0:'.2Ji414 20 lt> 1 IJ4te, Ti:ne Rt!port'o S.:;J;,,.." ··--------""' ____:.:____:__.___________'i.,i'1''1·'1·············_"~_·1~··__ - - - - - - 4 1-inoLdF ~;:~';~~~~~LS ~'-···· ·--~-~----w.ll..'1!L>~"1' .• ! ~.~~~·ii ' .;~£~~~{&~ I ' .. 1 ,, ro~1;:::iZ:____ JOSUE 1:z,,,.1; ~~ RODR1GUEZ ~"' .:;.,,;: :·.v·is, f'!!t!11EJ,~i----------'M"'ale""-. !""'· .P 130 {;: f.'! l5'8" .,.,, .., '1 27 PUERTO R1CO '">' }"fY.-'\0 ,~· ,.,., '~.\.. 1 0 0966766 i>· 1 21 ·11111111111111111111111111111111111111111111l~ll"i-~1·1~1·:·1'i':11111111111111111111~!!~·~m'~-im·~~:··1·1·!<1"'11111111111111111111111111111111111111111111111111111111111111111111111~ 4 ! i!:Jt'.!1!12_ _ _ _ _ _ _ _ - - - - - - - •''"----------'------------.\-;,-:,-h·.-..-.-.-· ---~·-: '>:' ~ ·.•-------·----j !;~so 1e s l"''• 1 i'· ! !•, !'" ·- ,?c ----~12-. ,,-.-,-,-.--'·-·-.,··~,-,,-,-.--- .·':=====':=====================:::::::::::::::::::::::::::::::::=:::::::::::::::::::::::::::::::!:::::::::::::::::::::::::::::::!:::::::::::::::::::::::::::::::=:::l f>OLICE «?an Antonio Po .. ce Department v-0ea n Clttmlse. Caiw# \~::;idaflt $A?Pt41C2714 ARRSST '1 y;J&. CFS Nu:~1be; -SAPD-20M.04'l4345 PO-SS WI DE!. CS PGt 4G- 2C-00 !TE H :_; l'IM11TE ilst11RT, BLUE J'EAN PANGTS BEXAR COVl'ITY . ;.:-:_-,.-> 46.05 PC ~' : -' ARRESTJDETENTION \Ni VEH!ClE j~t~~~~:''\.RR.$EARCH~TAAM:SPORTATlON 3803 ?C i''OSS \'\--I I/El CS PG1 4G ~ 2DDG 46't112 (OJ HSC j:~rgn ·f! 1AP E'{''DED A";i'£ST IN A MOTOR VEHICLE, THEN FLED ON FOOT. AP HAD A SHORT BARREL SHOTGUN IN THE FRONT PASSENGER SIDE OF 1 ,THE V'cH!CLE AND ILLEGAL NARCOT!CS IN THE DRIV~RSIDE DOOR. THE AP ALSO THREW MORE ILLEGAL NARCOTICS UNDER A VEH!CLE [\VijJWJif.E~FOOT, HE_yl~~Yl'ANTEDON A FElONYWMRANT ·---·- l'!lfll ' , ~ f - 20G3 ' Tovota --··--·----··-··--------·--, CAMRY ----- - ___J___ ···~---~·------~ ··-------- Offense Cctsc# Antonio Po11ce Department CFS Nt;rnb;::r StJID1«0Ge714 3"\P'.),A• /~'. '., -·-~· - \ oswitch my radio to ill to assist with stopping wanted I person}!AP. -stated that other detectives were following AP, who was driving a Gold Toyota Camry, and wanted him stopped [becaus!f he was active on a felony warrant. - a l s o stated that AP has a history of violence. switched radio to 3l and was I \able t4\:atch up to AP at Hwy 151 and loop 410. I switched my radio back to 3G to double check that other SWAT units were neerby.1 i I begalj.~o follow AP as he turned into a shopping center parking lot near 151 and loop 410. AP appeared to be parking his ' i '" Jvehiclej~nd I activated my emergency lights so I could contact him. AP did not park, but instead sped off out of the parking lot. AP drove ~yer a sidewalk and onto the access road of Hwy 151. He drove north along the access road and onto the highway, I fo!lowed 1AP wit~!rny emergency and siren activated. I notified SUP and updated my location to the followed AP as he Jexited tre highway and onto the access road. AP continued to flee north along the access road for several mile>. AP reached speeds Jnear sq!mph in an attempt to flee from me. AP into the lot of Rudy's BBQ and fled on foot. AP ran north Ibound ~hrough the parking lot and into a wooded area. A was set up and AP was localed by other SWAT officers. AP lactlve~reslsted the officers by pushing, kicking at them. AP was placed in handcuffs. AP was 1 search~~ and 4 shotgun shells were found in his possession. I searched Al"s vehicle and found a short barrel shotgun in the front passentFr floor board and a small zip lock baggie of methamphetamlne was found in handle of the driver side door. The shotgun was set up !hr AP to have quick access to it and was loaded. The shotgun barrel 18 1/2 inches and the overall length was 1/2 ·mc~~s. Officer Rodriguez, F #799 found several loose rocks. of methamplleta;;1ine in the parking the path that AP took from hi~i\lli!hl<:le to the area. DET was the handling detect.ive and ai:fVtsed me to arrest AP for Poss Del CS PG1 4-200 grams sl~ce AP was in possession of a large amount of methamphetamlne. · DET also a.sslsted by testing the narcotics, collectlng all the evkl~·nce and placing it in the property room. The narcotics tested p'csitlire' for methamphetamine by DET. EMS made the locatio~kind treated AP. AP was eventuallytransported to Hosi!ital for X-rays at the time of this report. *l ~:0-~ \I am cq\rent~ned to SWAT and was asked by Det I ! I -I; , . ~2,, _SAN ANTONiO POU CE OEPARTMJ::NT USE OF FO,~CE REPORT • mis to be used in &~~;(dance With, J>r-o-ce_d_u-re_5,_li 1.()}) A DISTl~.rB:tJTION:iNTERNAl AFFAIRS ONLY ________________,i , ·11ivo .hiw COMPLETE nus ?ORTION ONLY IF o.c OR CL1.l W~\S USEH (CJRCL'E oc OR Clffi) ·"'oC:dF01it;1I;~t~~~~g~o:-.. ·~;;nu.res a~r oc applleci- ! Did person ~ive EMS exam.iu~tion at.s~ene? i Per~ ehserved from:· ---W 0 hn; to~ hi~ ; Was person trallSported to a medical famhty? J~ ! 0 .PcmiJl 0.bservetl for45 minute~ awr applica tion ofOC: ! n Yes ~f. l '! co:ntiml.ously o.bserve----ore d>)parunenh1l p(llicie s and pro.:~td. i'ro~dural ~ f idl!'luificd by ch~ SUj)ing and that the w:znte4 P¢fron ~ mrt of tlie-'ill:!Nt~. Offict?t Ybarra sat6 thl:tt ~wanted person fatin male._wearing ai \lilhite ili\rt!ibc>Un:d iritO the. wooded~ near by,idrove to the north side of the wooded area- to trytO--C:-Ontp:ln-ihe-suspedJfom running out. At time J <1hSi::N1f!ri De-~ whn was-¥1pprox-nime .4Q,.,5Q yards-away ffom. us. a:mtacUhg.a 'btin -~-who was V'@~ing (,1i wh~. Tsffirt;{O}, !'ili!ilkir'!J through lb~ vrocdod ar!!•-·l could llearllet-....9 cnmmill'lils"' tile !Qt.it> getoo t !lie(()) no ands. A.± whieh tin;tt*1Ji)'!fuetf,-a!ld ~ Gt.tr;zc~Y--#1553 Etarted,ro_~S z.he _twc, _Del . . then-took -the !Ol_ to thear:..d ~£ "'1il <¢f\lif!ueO to $u99lo, Io S,0:on._aftar~'W+ZFe able t9 sectlre t~ he had pfon-ed um::l~th' Sut h.ruls on his bas!; l had to.71Tike Jlie:IO)'witll a. dose fist 3 wanted~ w.;is in dte: same wooded -area not in~ ~n 100 ya'tls- from L i .. SAN ANT.~NI~ Pouce. DEP~TMJ:NT USE OF FORCE REPORf J~~~rum i~ w beuS'ed i;~·~:i;;:-;rih ~edure 50Lri!fA DISTRlBUTI.Ol'I: INTERNAL AFFAIRS ONLY ·. 1'; : .... . ····-. \ . i ~~se ~umher: \ 14 108680 I .1 i=:::r: 1~;.,unit: 1 1f . 1-A'll ""' j.'t; . l.l!istrict of~urrence: l 5330 . ...- .....~ 1430 ..•-...! l i Time: • r R.eason for e'~uo~L Dispa!£he-~...JJ8L ::.eu:.mifiated .: -.,...~"'O...-T _ra_ffi _::_v_ srop ----·-·-1"""'i-W:::T~ · -.te: ~,,x-·c.t;;--;un~·o.o---...,! p f~l;i~I__ · _ _ _J_____ ......, 1 a._rra.r._ 1 TSA "luiaated: I Dare: , 05-20-2014 -·____. _____,,_. _ __.!....,O _ff,._en:_se_C,....!a_·~ ..,.,.i.fi_e<:_a_u_·o_n_:- '----.--- - - - - -- ------IC l Baik!.e No. l· J507 ·: Officer 's Signature: j · Loc$!ion cflncide.nt: Hwy15l (Westover hills h 's Name.: i Chavez, Carlos t. Offi ---·T .... l"CH>ENT AN.D 01''fl<;;_F,:R INVOI, Vil:!> f andlin~ Officu JJ~L~~sisting Officer . 1-~··,--------~·-!J_o_ tr_d~u_i~y_ _ _____ l-1J~.Crime in progress .f f =3. K~ l -~- ·-~~~~~-~~~-~ ,._11 . . ____lj;...J ~ . ·1: o.foc :ad~;~tam.i~ii'~n: Re:tc~on to oc_~ray: • . _ReactJ.Qn w CED: ·. J Qther --- - - - - - ---. ll Eri~t~ve r ~ .Somew}la( c~n.ve l ; 1JJ_ E,'(f~t1yc NN cffeetive TI S.o-mewhat eft~e- ! l:l NN etfe.ct~ I o~taminal;i~~uae;n7 ......-.. ~ininute~ afr.er OC awli~d.-! DHi ~n recei;eEMSeX:nmination at scene? n Yes ··. n No hr~ to: hrs. Was per5erved for 45 rnirtute~ ofter ~ppJication ofOC: i0 j Yes lU No i i Stun !vk >; compkrc- and to ensure depamn•:nta] 111>lici~s :intl pt~ed td.:n1ifiL'tl by ll.1•:$1;pcr~i!'or will ll<: fon.\'llrrocci,~• ;ind imc!_::~~111ttinn. .. _ _ \< C"\ .Badg.~ Numoc1: 3 151 .. . ..._ . S11-per>-'~tor')< Sig:Mu(e; $A.f'.U Form 62-UOF Re\'. (12--06) ---;~-~ ... - - - · - ··---·· _1· I · n ·~; .. ·· ---~- U .Bhmt lnstt. 0 Typ*!'ie51".st- f;ven b.,v sn._~_LS!Y!~ ixl'thls f0fn1): . . ' ~; '•, ~~ ~·s. ~~.:Y:u None ; {~ alltllaiapply) ~ 0 Sprain t JfnjuredPikt to ~ Y-ype~tprce(s) ~~ balJ ·~ Lac:eration Broken bone o~ 'f Wa$ail ams4 ~? 0 Btte ' c Ye~>' ~--.,]:____ __ ---~-·---·-----··'·- Ii NI) . Mp· o~- - .._,' o Sage o Fin=aml _JJ oilier . . lnjurc;4 pnor to..eomact B~i.bmSfon 0 1~ iajuey: 0 -- -·· 1. li~Fi~cli'ufFootie~ --o o .&ml oog .---=~~vsic:al .. ·-- --·-· ·-- - - _________________ Otfenoe Cilse# :nci:lert '!yµo Sh")14100G60 }_, San Antonio ! OfteruJ!? Police Department I $fY)l"lEMf:t1(f Pr\f!$Tj 4 '---··· OUWJTtr:!f.' OroJ!fad 5i?Ql20>1 1.:: EJC O?te 1T,;"l'l1f Rvpormc ia 5/20f.2Ct4 15:CiC 5/200!!1,; 1013 ;:>ohcE REPORT San Antonio Police Department ! CFS Number Offense Case# lncidenl Type SAPD14100680 SUPPLEMENT SAPD-2014-0474449 Primary OfferJse of Date J Time Occvrred 4 Dale l T•met Repartee ~;-~. . . . . .~. . . . . . . . . .;:.;...~~. . . .~. . . . . .~. . . . . . . . . .~. . . . . . . . . .!,,;5~12~"2~0~i4~i'~c0~0~....,~,•·~5~12~0;12~0~14~1;~·o~O~·~. . . . . . . ...J;.,i::~2D;;:;12~0~1~4.i1~e~1~3~"". ."""".j IRscf Fr -----c;.;c,-,,;ch,-----c:c,~-,~-oc-·,-.-".-~--1,.---;,-,~---s-~s_:~-------D-:-::-\:-:-"'_"_"______.;,_-':_'------~-:,_,-,~-m-::-1·~-~,;~~--;'°:~_.;--':____-_···_·----~~~--·~~~~~---i1,I. . ~;;-,,-.---------------,-,-,-,,,-,-~;--;:,-ne-----------,-.--;-P-!10-·-e-----------E-.,,-.,,,-~,--.-.Q-;;;,-,-$C-,- - - - - - - - - - - - - - - ! ~~ . ._...,,. I r .. ------1(-,,-,.,,-.-.-.,-_,____ (' J___~r-.-i-flO-.-~.-,c-.---------1 ~\-,-----lc~-A-;N_A_N_T_O_N_l_O_________,:i~--~:-x-,os------------~i:·r-,,-, i .. nGiasoos 11_.:;,:'~';c~~~=·:s~1;:'.··------~----------~-;,;;;,;""'"'';;;:,:,------,., ; ; ;:·~ ; ;c~o~fi:;:; '~.\', -,- " ' "'; ·,; : :r; :o"~- - - -; "'; , ; ,; .---------! OFF ""VEZ.C SWAT ' lh' e ,,, '.· --\c;:l' ISA.N ANTONIO 0Giasses I"'" -.. .~,_ ,_ 1::0::d F.(o{;;B .~;;,,- \.'Q,O) ~.(·n1\)k<;F)0 I 1::~,,i'-~-~----r-~-~-,,--~-,----------~-~---~--~-----~---------~~-~~---~--I •,2S' :'~'·1~ OFF ~)NZALEZ,V SWAT Fi= , .Ar ''i.)i l"'' iSAN ANTONIO {: r t· ' ~· ~-----· -~~ i'"'" Texas I'' San Antonio Police Department J ~\ - :s:sa: -- j j I t:..,JP"' KEVJN RESER. FSH, !r1 ~CAR. '«41 =0ET , . EllD ;:; J2 ;;;Off CH \!EZ, w.~ H!DTA SV'JAT ~ O"I' GC Nm.El'.,V SWAT 1~· ~ current! assi ed to the Hidta Unit and work in an undercover capacity an~ d:iv~ umnark. · y g.n th. H'dta all laws regard mg 11legalnar"ot1cs m v10latm 1 Narcotics Unit is to !;tty vehicles. My e ~Ad·~• si:il.utes is done euitivatingi11formatio11fro state federal statutes. The enforcement of state and 11, " ' ' " l~1arious sources regarding these activities. 00 '" ·; l.}f (bn May 20 l 4 I was ealled Wt who advised me 1oonducting. W1 advised me be wanted to a who · a narcotics investigation he w:s a. assault.'" arrant and was >llppose l 1 to be narcotics. made way to WI location and the target veh1de WI was Wlltchmg a location was traveling north on 35. Wl advi~.mc ifi uniform patrol or whoever was available to assist in conductin a the traffic slop on the I was to contacted uniform swat started ltowards the ~fthe ' surveillance. I wrb' pd~.~ the surveillance i could see target vehicle a.I a distance. WI the radw ofl/m name and ihat he was be violent and 11 !lto be very cautious he already had a an to be careful and to be very very . this I &jguy. .attempted to pull ~ver the • . v,~hiele and the \lehicle refused to stop and westbound on hwy 151. r was hstenmg to1ne rad10 1ransm1ssio~d • the swat oflicer the suspe~t stopped at i. .~Rudy's bar bq restaurant and was runmng north of the locauon on foot. I heard over radto had ll 1 £!weapon and be cautious and he was going northbound of the location and was a l/m white shiit. i drove !l northbound on Wl'Stover hills and saw a patrol unit turn left on rogers road. l also noticed a wooden construction ' building being worked on, at the comer of Westover hills and Rogers rd which is north of the Barb q in the [!wooded area. into the construction side and was looking and i was going ask workers if they had seen\ I.I anyone with a white shirt rnnning by them. As i looked around to my right side ( i saw a with a white in the 1lw~ded area about 40/50 yrds ri:im the. si11;ht. d'.ove south. ihrough a clearing roc~y path towards the ll subject and advised over the radio that 1 had seen l/m with white i drove towards him to pos1t1on my self m I tautica1 advantage due to hearing over the radio that 11e was possible armed and i ctidn1 want him to run back south ljtowardsthe Rudys bar bq where !ors of' people were eating. exited the vehicle and yelled om police let me see I 1jhands let me se<' your bands and gel on the ground. he looked at me and said what then noticed a dark object in his l.·hands i reached out with my left mm and hand while in on him and trying to draw weapon with my right j -'!hand at the exact time. I was pulling my . 10 gel to my side cmn soi. tri~d to kick the . away !'°m his hand :jal the same tune but was not successful 1told him down and grabbed his nght shoulder and pushed him down ! ta\vay from n:ie to the \Vith my fOot due to n1e my hand on n1y \Veapon . l on tz1p of him and \Ve were ,;;ion lop . and 0 l v~.-as still not secure and i saw the uniform officers running to assist and controlling a ~ fO! - r advised them warch for a gun they a gun at the car. advised over rndio that we had deraincd a in! jthc wooded areii north Rudys Restaurant. Once everything was secured other officer derectives had dcraincd a '[Separate lfm 20 yards !he location where we had OJ same wooded area. Ems made location nnd 1 I II Ii I l n I j l i or l both/ i San Antonio Police Department f; Offense Case# Incident Type SAPD14100600 SUPPLEMENT CFS Number (SAPD-2014--047444S Primary Offense l Page Date /T~1lll (r..,;";UITBd f' ! 5/2Di2014 14.00 10 5ROl20~4 15:00 i 4 "' 4 Date Ill me Repo:ted I 5f20/201416:13 7'J.'at andHidta supervisors made the locatio.n. Supervisors contacted 01 and advised 01 of the situation. No further 1adiion taken at this time -- -----~- ... -·---- - - - - 3wer Hm gang: ?muggy? Amuw ?aggw ma?gm? . am?ma . avg WEE, ?g 53 M. .1 unwed.? gnaw may ?wag gn?m?wm?w wau?mwm . gwa?w?m . a in? awmemn ?ag ?ag ma?a?? ?Mg. Qumng 3&me m?w?y? g?g?mm 1m w?m?w . .. .. ?mg .3. w?wmw" . Emma aawg max?. w. . . . mk?mwmmay: m3 ,w ?w?ma?mw g? ma?a.? mam 1 .n San Antonio Police Department "' ' !J;~;~g.:O the SAPD 91/AT Unit a:>d full police uniform. Myseif and other SWAT officers were contacted by SAPD Detective-! ss:fgned to the HIDTA Unit He needed our assistance in <;ooducting a traffic stop fur a wanted person with a ~nown crimina! hts:tory and i to have a vioient history as Officer Ybarra,J #0855 was first to towards the location and area of the suspect and !Dei<'ctllres. Detectives were in plain unmarked vehictes and the SltSpec:t vehkJe around the listed location and !mrnediate area. Ybarra was in his clearly marked SAPD police V€hide when he got ·behind the suspect vehicle. He then a:ttetnpted to make e traffic stop, suspect vef'ticie immediately began to evade and drive fl-Nay fr'crn Officer Ybarra. Officer Ybarra imniediately put out the situation over Jttieif10!ice radio. and my partner quickly towards Officer Ybarra ~ur marketl SAPD vehide with our em1!r9ency ;;rctlvatecL We were.Hstening Officer Ybarra's description and cErection of over the: radi.o. when out that the vehicle was , ing and that the ,,vanted pe1son bailed out of the vehicle. Officer YbErra said that the wanted person, latin male v,rearing a V>rhfte Tshirt, ra;; I bound into the wooded area near 1 the north side of the woQded al'eato try to-contaio the suspect from running out.At i tt.rne I observed Det-who was approximate 40~50 yards ai..vay from us, a: f.atin male who was wearing a \vhite Tshirt(O), I g t~r ough wooded area. J could hear ~lving commands to the (0} to get on the ground. but the (O} was net to 'I mands. At which t me mysen and Officer Go~-#1553 starteo runnfng tov\:ards the t\.YO, D~n took the (0) ~o the 1 ana began to strugg:e with him Tne {0) was not complyill!I with D e t - . !Ofbal commands~ hands on his back. Officer I lez acd myself believed the (0) was the person who f~Hkar Ybarra and was hiding in the woods from police. lso gave the (O}verbal commands to show us his hands, which he had underneath his body. heoontinQed to not oomplywitb ands continued to To gain oontro! and mal:e Ille iO) put hands on !>is bad; I had to 1:11e (0) wilh a close fart 3_ on after we were able-to secure: the (0), the wanted person in the same v.'Ooded are.a not more than yards from Deload0,M # 3215 made the scene and conl.aed !lie (0), EMS also made the scene and t-eated the {O). i!, 1 San gm E?am mm? aim at 559?- as?: Mae MQan'g?? ?25:.1533- $9.30- fits: . . . 5w mi E?glm??'mm {if Qme swam 5mm Mame Cram 3? mmaas?a wm g-ofimw Dam: 5mg {39-33% A mm mien mm?" Ha?z: mm mam W$bie Sam? . gag? 2* g?s? m?kms . .. 1: 3:37am Hm alga-g I392 SigpAi?Li-EW i'x'iz?mW?w ?23331; Magma": ma?aw 335mg? m??aem? {32?5 magma; ?mwm REPORT San A111tninin f -Offense C?se # · ,qt."ettt Type I S."."'014100(\&l SU?Pl..2MENT Police Department II f CFS Nurnber foAP0·201«14?444!J Pnr::;;rrOl':ense 1 ---------i Oat~rT1::.-,,,,0c;;:w0;:1 { ,- 2lli2Dl4 14-00 lo 5: 7.Dt2()1L 14:00 Ilswiit ~~~~,=·~~;~d day Officer Chavez #1507 and I, #1553 were working as a two man unit assigned to the Unit Detail. On thfs day we were contacted to assist the HIDTA detectl1res with a wanted person with a felony lw~rants and possibiy firearms. As we were en-route to assist, Ybarra #855 saw the and attitmpted to a traffic in a marked SAPD vehicle. sp fled in the ro stop. As we iE m.t~e our way toward the direction of Officer Ybarra who was giving updates via police radio, he stated the so• :., Iha~ on foot into the wooded area behind the Rudy's BBQ located at 151 and Westover Hills. As we our ,wal/'to the location we took the Northwest corner of the perimeter Hiils/Rogers We were also , lno}ified firearm was found in the sp vehicle. Whi!e on perimeter we saw a maie walking the woods 1' lth5 _ _ _ _ ,, _ _ -~-----·-·-------- ---- - - - _ _ ,, __ _ ,,_,m _ _ _ - - - --·-~·------------ 052114 153655 A588 :t.J A M ADDRESS 05811 CLIFF SAN ABTONIO S C R I P T I V E SEX CMP HGT WGT M M 509 160 AGENCY DA'IE E 030711 GONZALEZ-RODRIGUEZ, JOSUE i P H 0 N E TX 78250 030711 638-1936 A588 DAT A HAIR BLK BRO POB Ml'\NATTI CODES/COMMENTS 09 70 IDENTIFIC..l'iTION NBRS SA.PD 0504560 BCSO 0493155 DPS 8789262 FBI MAR DATES OF DIRTH PR MICROFILM REF SOC-SEC - FINGERPRINT CLASS UL ARM NCIC: FACE MISCELLANEOUS NUMBERS CODES: 2101 2102 2103 2104 2105 2106 2107 2108 ' JOSUE 030811 DPS 000000 000000 000000 000000 000000 ocoooo 000000 D 000000 000000 000000 000000 000000 000000 000000 000000 00 000 000000 000000 000000 000000 000000 000000 000000 000000 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138. 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 3101 3201 3202 4101 4102 4103 4104 4105 4106 4107 4201 4202 4203 4204 4205 4206 4207 4208 , CORINNE CLIFF SAN ANTONIO CLIFF SAN ANTONIO -ROD 090812SC, CORINNE ·os2s12c, HALEY 6YO 090812C, ET!W..N 4YO 90112C, MALACHI (5YO) , BRANDON 90112C, PRECIOUS , JOE ANTHONY CLIFF PATH SAN ANTONIO CLIFF SAN ANTONIO TX 78250 6381936 TX 78250 0000000 TX 78250 00000 00000 00000 00000 00000 00000 TX 78250 6381936 6381936 6381936 6381936 6381936 6381936 6381936 0000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 052114 112411 010200 090812 090612 090812 090112 082712 090612 090612 032111 010200 010200 010200 010200 010200 010200 010200 33507 20934 31032 20934 30346 32110 31032 31032 I -- -·- DATE: Jnly 30. 2014 TO: Lieutenant Tim vauglmn FROM: Sergeant Larry B!t1clcb);,m Internal Affairs lm1estigatc)r SUBJECT: Audio Statement From David DavidBw 210-417-5007 162 Pecan Lane, Bandera Texas _]Zoger Carlos · Complainant_---c--:-:-----····--···---~ Carlos Bernal ____!:clreman on May 20 2014 210-797~35_2_1_~ i • Detecttv i Officer Carlos Chavez #1507 l-···-'----t---------- ---c--~· - - 1Officer Virgilo Gonzale_L'._ #1553 t I July 17, 2014 I went to the construction site and rnok an audio statement from M:r. ' *On August 2(), 2014 at 1419 hou" I called Mr. Byrd for darificaticm and he said that both. the I tmiforme;vill not to inforJnation that has already been released in response this authorization. to receive the informntion is not health plan or health care longer be protected by federal and state privacy regulations. to • I uD.derstand authorization for the use or of th1-J3?Z-: 'kt> 7 · 8'lJ55"" Name of Credentialed 11pff Member Authorizing Release_ _ _ _ _ _ _ (ll Different From Sender) Number of Pages: Patient Name: 'J._ flo'1:.f11 (Including facsimile Cover Sheet) Ut£'46]:1P Date Transmitled:0:Jo/j'L_ Incident or Medical~;~/ 'ftf!i?dJ2f.3 REASON FOR RELEASE (Select One): ~Patient Signed Consent D Published Routine Use (Select One of the Routine Uses Below) D Emergent Medical Care ROUTINE USES (Select One): ~Physician/Organization Identified by Patient to Receive Reports D Mandated by Stale, Local or Federal Statute or law INFORMATION RELEASED (Select All Thai Apply): Date Range of Materials Released: 'fJ1}'f from to £/H;/( 7 ~~ /'1 y-1-u11 SAFD Designated Medical Record Set Cl Billing lnformaticn Only FO!Ward Completed Fax Cover Sheet for Filing to: San Antonio Fire Department, HIPAA Privacy Officer 315 S. Santa Rosa Ave. San Antonio, Texas 78207 Confidentiality Statement: .The attached information is CONFIDENTIAL and is protected under the HIPAA Privacy Act of 1996. It is intended for the use of the addressee(s) ·identified above. This faxed material must be destroyed appropr!atefy when its use is no longer required if the reader of this message is not the intended recipienl(s) or the employee or agent responsible for delivering the attached information to the intended recipient(s), please note that any dissemination, distribution or copying of !his communication is strictly prohibited. Anyone who receives this communication in error should notify !he Sa11 Antonio fire Department immediately and return the original message lo the address shown on the cover sheet via U.S. Mail. ---- .... - - - - " " " ' " - - - --~~---- - -~- - --- _,,,,, __ _ / #936 P.0021004 07124LZ014 09:19 210 207 8055 ADI\ IN ISTRIH ION San Antonio FD I EMS Run Number: 14052110283 315 S. SANTA ROSA STE.WOO Date of Se11tlce: 05120121)14 SAN A!IIDNJO, TX 1lll!07 (210) 2<17-75:15 Ell!:. Patient Name: j O«tc<:>mm i l Dwrrt. ~lit 14®~14 14:St flfi!0-14 "'" 14;$3 00-2il-14 I II M seoo.;, MiJeaOe; . lAtnest.M~ St:ut$1!iie~g£ ! t:.diticn aUleat.1 Rtw;p, Oe!ay: I T ranSfiQft: LIMri Q-f .care; • 111a-rocam 11'!.-ortm± l 1-, ,,._ ·-- • -·------ ~Complaint cJ&~ ~~ I' T:mm.ferC&it m sdtvk:a: :EllS ADMINJ ION 09: 210 207 8055 San Antonio FD I EMS 315 S. SAMTA ROSA STE. 2000 SAN ANTOrtlO, rx raio7 (2101207-75:15 Ext. Rlln Number: 1405200283 Dale of Service: 05120121!14 Patient Name: P. 004 INI ON 210 207 8055 San Antonio FD EMS 31ULSl\NTA ROSA lllE. 2-000 SAN AMl'Ol'llO, TX 18201 {210) 2117-7525 Ext. §.S>...~:rte:11lmp ~ ero.,~k 07/24 '2G14 09: 21 Run Number: 14115200283 Date of service: 05!21112014 Patient l\ll'me: Q5f7D/2D1-4 09:45 l!i!!m . . . WEED, THOMAS Cntw10 - x Il I • #836 p 004/004 ~ WERNE~RICHARI> ;Ztv: DATE: August 25, 204 TO: Lieutenant Tim Vaughan FROM: Sergeant Lan-y Blackburn Internal Affairs Investigator SUBJECT: COBANVideo I Officer Carlos Chavez #1507 14:25:53 14:26:08 14:31:04 CORAN Taking Westover Hills Exit Park near Station #45 Officers get back in vehicle 210-207-7434 Officer Carlos Chavez# 1507 bad COBAN operating in his vehicle at the time and is included in ihe packet. The video shows the officer driving to the location and parking his vehicle near the the officers get to the fire station. There is no audio on the video and all it shows is the location and when they get back in the vehicle. Page l of 1 JSAPD Fonn 65 ver. 2(Jun1007) DATE: August 25, 204 I TO: Lieutenant Tim Vaughan FROM: Sergeant Larry Blackburn Internal Affairs Investigator SUBJECT: Audio Statements From EMS Responders Thomas Weed Matthew Longoria Richard Werner Frank Espiritu Station #45 Station #45 Retired Station #45 21245 21245 Retired 21245 On August 12, 2014 l went to Fire Station #45 and took audio statements from Thomas Weed and Matthew Longoria Thomas Weed told me that Frank Espiritu, Richard Werner, Matthew Longoria, and he were the responders that went to help Mr. Rogelio Carlos with his injuries. He also advised me that I would be able to get in touch with Frank Espiritu on August 18, 2014 and thatRichard Werner was retired. · On August 18, 2014 f returned to Fire Station #45 and took an audio statement from Frank Espiritu. Page 1 of l lSAl'D Form 65 ver. 2 (Jun 2007) San Antonio Police Departmem Internal Affairs Unit Audio Statement Supplement Your Audio Taped statement will be made under oath (meaning you swear or affirm that you are being truthful) by a supervisor in the Professional Standards Section. Date of Statement; August 12. 2014 Location: 3415 Rogers Road. San Antonio , Texas r Purpose of Statement: Internal Affairs Complaint f Supervisor taking the Statement: Sgt. L. Blackburn #3211 B~tbre me, the undersigned authority in and for the State and County aforesaid, on this day personally appeared l.i ~!,;..r_T=h'-"o""m~a_s'-\-'-N,_e..,ed=------------' who being by me duly sworn upon his/her oath gave an '(' at~1io taped statement f: August 12. 2014 Date Signature ij .~---~------ Pdi!nted Name n f! ' sJlorn to and subscribed to me before this Ii 1 9 th day of --'O""c,,.t~o~b"'er,,____ A.D., 2013 -- f;i u Sergeant Larry Blackburn Investigator }----------------------------------------~ -------··----- Sau Antonio Police Department Internal Affairs l!nit Audio Statement Supplement Your Audio Taped statement will be. made under oath (meaning you swear or affinn that you are being truthful) by a supervisor in the Professional Standards Section. Date of Statement: August 12. 2014 Location: 3415 Rogers Road. San Antonio . Texas Purpose of Statement: Internal Affairs Complaint Supervisor taking the Statement: Sgt. L. Blackbum #321 l B~fore me, the undersigned authority in.and for the State and County aforesaid, on day peysonally appeared '-"'M""a"'tt"'h=ew'-'·-L=o_,,n.,0 .,o"'ri"'a'-----------'' who being by me duly sworn upon his/her oath gave an aJio taped statement. &; kl August 12. 2014 Date to and subscribed to me before this _2J;h day of October Sero-eant Larrv Blru.:kbum Investigator A.D., 2013 Antonio Police Department Internal Affairs Unit Allegation Sheet. Complainant's Name: Ro<>elio Carlos Ill Respondent Officer: Detective Internal Affairs Investigator: Sergeant Larry Blackburn #3211 (CIA) (FSH) I.A. Formal Case NomlJ,er: During an investigation of a complaint by it has been determined that based on the allegations, are now a respondent in this case. memorandum is to infunn the specific against and Iha! Lmy is the ass:igm;d investigator. The findings investigation be to the Chiefs Advisory Action Board a review recommendation. A wiitten response is you rei~ar,din:a follo\\~ng allegations; Allegation: Allegation: It is alleged by Rogelio Tuesday, May 20'\ 2014, onbis hands and du!y SAPD Detective (FSH) hit am! kicked tbe head and body while furcing Mr. Carlos to the which caused Carlos Detective ~as in plain searching for a who bad a Felony Assault Family Violence 2"d Warrant may have in possession of a Carlos was in the area of the search on foot, and was as possibly the suspect in question. Mr. Carlos was handcuffed, ultimately released. See ease I vo~'ov. This conduct could be a violation of San Antonio Police Department Manual: Procedure 5111, of Force, Seetion .OS, Application Force, Subsection (B) . .OS APPLICATION OF FORCE Police finding it to us.c to achieve a lawfu.l police shall use a reasonable amount of to affect the objective, nothing in this procedure is interpreted to mean that an officer must prolong mmbat or struggle in satisfy any element rather rewrt to a reasonable that resolves the situation in the and mos! expedient ure Badge# nor'!' l_ft J·- G~rrity \Varning Sheet San Antonio Police Department General Manual Section200 Rules and Regulations (Effective Dare VL·,D··.LVtLJ SEQlrION 3.00 INOIVIDUAL RESPONSIBILITIES W! ti 3.0~!rRUTBFULNESS OF MEMBERS: Members shall oonfmnications from any membershall also the truth. the at all Reports written !i 3.2'71iGIVJNG INFORMATION IN INTERNAL lll<..VESTIGATIONS: A. IjuTY TO GIVE [NFORMA TION: A member shall, requested, answer questions, renrler stat~inents. or simender relevant a Professional Standards Section investigation. B. di\.RRlTY WARNING: member who is subject of a Professional Standards Section investigation give Nurnb;:r: SAPD14i086~0 5. Did you see or participate in apprehension of If the answer is describe your role making the apprehension and the names oftho officers at the scene of the apprehension md roles the actual apprehension. Answer: Yes. DeL-From Narcotics contacted me and he asked if I could 3$1iist him in a narcotics stop. SWAT po.rsonnel weni also to the stopping of the vehicle. DeL-advised SWAT officers over the radio that the Latin male he was investigating w1ila prone to being very violent and to be cautious when contacting The Latin imtlc bad a folony warra.nt imsault and just to be very very cautious with this guy. Uniformed SWAT officers in a marked patrol vehide attempted to over the suspect vehicle but the suspect refasod 10 and tlecl westbound on Hwy l.51. was listening to the radio transmissions and heard the broadcast over the radio that the suspect vehicle bad stopped at the Rudy5 s BBQ on 151 the suspect wll.ll running northbound of the location on foot through the woods. Again, I heard over the radl.o to be very cautious they had found a the car be be armed. The suspoet a Latin male wearing a •white shirL l northbound on Westover Hills and observed a pa.b:ol nnit tum left westbound on Rogers Rd. I observed 11 half built wooden building being worked on at the corner of Rodgers Rd and West: urnber: SAJ>D l 4 i 08680 top o{ rocks and gravel. to my long shirt, I was having diflieulty getting my weapon out. My weapon was half out of the holster and hanging loose under shirt. I was trying to maintain control of my weapon ni.,v right band. The suspect was still not secure and he still had the black object hands. l stopped to get my weapon out used my hand to an open hand strike m his shoulder area to to dislodge the black object his hands. I saw the uniform officers coming assist me in controlling the suspect. I got np and advised them to watch out he might a gun. 1 did not have any handcuffs on me so I moved and wont to my grabbed my radio and advised them that we had person detained in wooded area north of llnrhi'• everything the Latin mule was secure, I learned that other oftkers and detectives cleltaUned a separate male about 20 yards from us also in the wooded where this subject was. It was determined that Latin male that had stopped, Mr. Carlm) was not subject wanted by D e t made the location to look at the sut•.iec~t and SWAT and HIDTA Snpervison made tlielocation contacted subjecl. Once arrived and I had nu further contact with Carlos. officers 6. Did you strike, kick, tackle or use any force, on KogeJ:10 Larl ~r ~i FSli 2-07-2384 Unit A ssign:meltl Wo;li: T eleplu.me ----'-·----'-~----- '!11e following list.ofdocuinents v.ras viewed bytbe respondem officer prior to J· · re~pond.ingti µ ,. 20~~_! ~ii:ay 20. 2(i'X4 i · __ A~~:_st "1z.._2o i4_j The. resp<>TJikt1t 1>.ffice_,-}s signat(#fi/:pro11i~ pMofa.,f tlte 0.oc;.u men/$ vi.:?wed and tfu1' I! cqpy ef. thiS: rec eipt form was prm,.'ded at this t"' p · R.e&pondent Officer:_ i _ Da.te; Pag<' 1 oft San Antonio Police Department Internal Affairs Unit Audio Statement Supplement Your Audio Taped statement will be made under oath (meaning you swear or affinn that you are being truthful) by a supervisor in the Professional Standards Section. Date of Statement: Ammst 18. 2014 Location: 3415 Rogers Road. San Antonio, Texas Purpose of Statement: Internal Affairs Complaint Supervisor taking the Statement: Sgt. L. Blackburn #3211 B4foi:e me, the undersigned authority in and for the State and County aforesaid, on this day personally appeared _jL!!:~!!:J~!l!:!!!_ __________, who being by me duly sworn upon his/b.er oath gave an audio statement Angust 18. 2014 Date r S{fom to and subscribed to me before this 18 th day of August A.D .• 2014 Sergeant Larry Blackbum Investigator -----·-------·- -- --·-·-··-- --·-·-------------·- ---·-··-··-------- Fonn #1l0-AS San Antfi-'lio Police Department Internal Affairs Uiiit Allegation Sheet ~R'--o~gLe_li_o_C'-ar'--1-'o'--s-"l=-Il'----------------- Complainant's Name: Respondent Officer: Officer Carlos Chavez #1507 {TSA) Internal Affairs Investigator: Sergeant Larry Blackburn #3211 (CIA) I.A. Formal Case Number: IL2014-203 -------------~---------~ During an investigation of a complaint filed by the Administration, it bas been determined that based on the allegations, you are now a respondent in this case. This memorandum is to infonn you of the specific allegations against yon, and that Sergeant Larry Blackbum, is the assigned investigator. The findings of this investigation will he forwarded to the Chief's Advisory Action Board for a review and recommendation. A written response is required from you regarding the following allegations: Allegation: It is alleg<:.-d by Rogelio Carlos on Tuesday, May 201\ 2014, on..duty SAPD Officer Carlos Chavez #1507 (TSA) hit and kicked him with his hands and feet in the head and body while forcing Mr. Carlos to the ground, which caused Mr. Carlos pain. Officer Chavez was in full uniform actively searching for a suspect who had a Felony Assault Family Violence znd Warrant and may have been in possession of a fireann. Carlos was in the area of the search on foot, and was confronted as possibly being the suspect in question. Mr. Carlos was detained, handcuffed, and ultimately released. See case SAPD14108680. This conduct could a violation of San Antonio Police Departm.ent General Manual: Procedure 501, Use ofFm·ee, Section .05, Application of Force, Subsection (B) . .05 APPLICATION OF FORCE B. Police officers finding it necessary to use force to achieve a lawful police objective shall use a reasonable amount of force to affect the objective. However, nothing in this procedure is interpreted to mean that an officer must prolong any combat or struggle in order to satisfy any element of escalation rather than resort to a reasonable method that resolves the situation in the safest and most expedient Respondent's Signature I .J")O]--Badge# Date Warning Sheet San Antonio Police Department · General Manual Section 200 Rules and Regulations (Effective Date 02-05-2012) SEdtrION 3.00 INDIVIDUAL RESPONSIBILITIES f 3.0~~RUTHFULNESS OF MEMBERS: Members shall speak the truth at all times. Reports and written comz'bunications from anv member shall also reflect the truth. I! 3.2llGIVING INFORMATION IN INTERNAL INVESTIGATIONS: A. q~TY TO GIVE INFORMATION: A member shall, when requested, answer questions, render stat<{!nents, or surrender material relevant to a Professional Standards Section investigation. ~! 1 ft\.RRITY WARNING: Any n.:cmb~ who is the subject ofa Professional Standards Section investigation giv : a wntten report, provided he 1s advised: l. .'.at the report is departmental purposes only; 2. 11)at the report will not be used against him iu any subsequent c1iminal investigation or prosecution; 3. T~at should he fail to give a iATitten report, a lawful order to do so will be given, and failure to follow snch an ol[der w:ill result in disciplinary action. Rl i'; !1 ~:: San Antonio Police Department General Manual Procedure 303 Disciplinary Procedures (Effective Date 05-04-2012) .09 boMPLAINT INTERVIEWS C. Ji,! sworn member of the Internal Affairs Unit holding the rank of sergeant or above, when conducting a conf,plaiut interview with a sworn member, may request, or order if necessary, a sworn member of any rank to: ] . S\ibmit a written report; 2. Answer interrogatories; 3. P;fovide physical evidence; or 4. Githerwise cooperate in any manner with Internal Affairs Unit personnel during an investigation. '• ! hal!e read and I understand the above Rules and Procedures ------"'' Carlos Chavez #1507 ti. Officer's Printed Name Aurust 27, 2014 SAPD Fonn #200 - l AS/B San Antonio Police Department Internal Affairs Unit Respondent Officer's Report LA. Fonnal Case Nu1nbcr: IL2014-203 SAPD Case Number: SAPD!4108680 I Place of Occmn~nce , Westover Hills & .Highway 151, l San Antonio, Ix I Complainant's Narne (L1st, First, Ml) . Carlos, Rogerlio ITuesday Type of Complaint 5350 Internal Affairs Formal Complaint 1 Address 114715 78207 I Dtty of Occuffence District of Occurrence J Phone Nmnber Dogwood Bend, San Antonio, Tx. Date and Ti me of Occurrence 1 Date.and Time Reported I 05-20-14 Ii 1420 hrs. 05-21-14 // 210-708-1757 How reported Person TYPE OR PRINT ONLY lt is iny under::.1'.anding that this report is made for adminlstrative internal police department purposes only, and \Vill not be used against n'le in a cr'in1inal inv~1igation. This report is 1nade by inc ailer being requested to do so by a lawful supervisory officer. lt is 1ny understanding that by refusing to obey an orderfo ':vrite this report, l cnn be disCiµJincd for insubordinutio~ and. for failnre to cooperate i1t an internal investigation, and thtit tbc punishn1ent for ~ch violations can include termination of employment. This report i.s made pui:suant to such order, and the _potential discipilne that can result from failure to obey· that order. L Have you read Rule 3.02, Truthfulness of Members, of the San Antonio Police Department General Manual? Do you understand it? 2. Do you have a recording device in your possession? If your answer is "Yes", did you notify Sergeant Blackbum of the device? Answer: No 3, Are you recording this interview with Internal Affairs Sergeant Larry Blackbum? If your answer is "Yes," have you notified Sergeant Blackbum that you are recording this interview? Answer: No 4. Is your attorney or a representative of the Association (SAPOA) present w~th you during this interview? If your answer is "Yes," identify by name the attorney or representative of the Association (SAPOA). Answer: Yes, Michael Rickman, CLEAT 08/27/2014 Carlos Chavez #1507 Officcr·s Printed ~-amefBadgc # ~ Sib.>nalurc Pagel of3 Date I San Antonio Police Department Internal Affairs Unit Respondent Offiee:r's Report IA Fonua! Case 'lumber: IL2014-203 S:APD Case Number: SAPDJ4!08680 5. Did you see participate in the apprehension of Rogerlio If answer is yes. descr.lbe your making the apprehension names officers at the scene of the apprehension and their roles the apprehension. Answer: Yes, I assisted in gaining control and handcuffing Roger.lio Carlos who was resisting arrest. I saw and heard Oet~ving Mr. Carlos verbiil commands to on the 11;:round and Mr. Carlos refused and did not comply with Det. ~ommands. Det. - t h e n using a leg sweep Mr, Carlos tn the ground fac~r. Carlos had his liandslarms between bis body and the ground l!'efosing to allow-to handcuff Det. - w a s telling him t& show his hands. At this time myself and Officer V. Gi:>nzalez nm towa.rds Det. help him and :N;ist him with Mr. Carlos who was struggling with Det.~~round. Det-was m bis arms out underneath Mr. Carlos' body hut :Vtr. Carlos was forcefully keeping them underneath his onto Mr. Carlos' shoulder bead area and body, torso area. I ran up and placed my gave verbal commandiilill..llll.his hands behind his back. He refused and l could hear Officer and Det.-also telling him to us his bmds. Det-..ad. already told llS other officers had found a gun in the vehide and to be ear==.use he may another weaplln. nontrol and Mr. Carlos from resisting made a of three compliance strikes to bis face. I made one stJike fmt to get him to comply. When he still refused, I two We were still nnsnre if he had a weapon under his Mr. Carlos shortly thel'eafter stopped resisting put b.is hands behind his and he was handcuffed.· -to 6. you strike, tackle or use force, on Rogerlio at any time? If the answer is yes, give a complete description strike(s), tackle and part(s) of body struck. Am1swer: Yes, I my knees on Mr. Carlos with all body weight lln his shoulder and head area and punched him three with a dO!le fist on his face. See answer to question no. 5. Page 2 of3 SAP'D fo1111 !f20{/ " 1ASii3 San Antonio Police Department Intenial Unit Resr1ondent Officer's Report LA. Fortnt11 Case ~mnber. IU014~203 SAPD Case Number: SAPD14 I08600 7. Did you see any strike, kick, tackle or use any force, on Carlos at any time? If the answer is which officer(s) stmck, kicked, tackled Dr used force on him and a and struck description ofthestrike(s), kick(s), tackle, Answer: Yes. I saw Det.. .leg sweep Mr. Carlos to the ground, landing face first on Carlos to comply that I could not gravel rocks. l was concentrating on getting clearly see Det. or Officer Gonzalez striking I know strikes were made from peripheral vision but still contd not tell who was doing what. 8. illcident that have not beon included in this investigation? If the a desctiption of whl;lt they will contribute to the ln\'estigatioi:i. Ate Answer: No 9, ls there any evidence or other information collcerning this in,res1tig1ilir>n? rnade aware Answor: It we had already Mr. Carlos that we discovered the away from our position through the woods. wanted felon captured about 100 Carlos was wearing the same tn•e and color of clothes as tl•at wh.ich Wll!l broadcast omeer 'tbana when felon ran from the bis vebide neair Rudy's. I 0. you understand tl1at investigated? if you aware of any additional information relevant to should notify Sergeant Blackbum so that it ean be thoroughly An11wer: Yes 4 #1507 Page 3 ' SAPD Fonn #200 - I AS!B San Antonio Police Department Internal Affairs Unit Respondent Officer's Report !.~A... Formal Case Number: U,2014-203 SAPD Case Number: SAPDI4108680 Place of OccuJTence District of Occurrence Westover Hills & Highway 151, : 5350 San Antonio, Tx Complailk"mt's Name (Last, First, Ml) Carlos, Rogerlio Type of Complaint / Internal Affairs Formal Complaint Phone Nun1bcr Address ! 14715 78207 Day of OccwTence ! Date and Time -Of Occurrence Tuesday 05-20-14 // 1420 hrs. Dogwood Bend, San Antonio, Tx. , 210-708-1757 I Date and ii me Reported I os-21-14 ;; I How reported 'Person TYPE OR PRINT ONLY It is 1ny understan_ding that this report 1& made for administrative-internal police department purposes only, and \Vil! not be use.t to respondi.ng to the allegation (s): Pr eparedBv .Date of'Docum ent Lieutenallt 1;'1n1othy Va.u. 'b-a:ri ·August t 9, ZO t 4. l L1eutenan~ timothy Va~l:t....a_n-1-----~A_u""'°g._us_·t'"""l·~·~..__2'-'-ca'-'-4,,_;j L~utenant Timoth: Vatu<>han August] 9., 2014 I Staff at Office i S~ff at; Office I Stlllwater Dental .Care, May 23., 2Ql 4 : Mav 21. iCl4 ! Page 1 of1 - -·- --- - - -·---...-··--····-- ----····,,·- - - ·· - ~ --·· - -- ·----- SAPD Fom1#200- I.A.SIB San Antonio Police Department Internal Affairs Unit Respondent Officer's Report LA Fonnal Case !\umber: TL20l4<203 SAPD Ca>e Number: SAPDJ4!08680 : L , ··~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ i Place of Occurrence •··I Westover Hills & Highway 151, ·, San Antonio, Tx Co1np!ainant's '\faine (Last. First Ml) I Day of Occurrence Type Df Complaint Internal Affairs Formal Complaint Phone Number Address 14715 78207 ,: Carlos, Rogerlio I " Tuesday District of Occurrence 5350 1 Dale and Time of OcctuTe.ncc i 05-20-14// 1420 hrs. Dogwood Bend, San Antonio, Tx. Date_ am:!. Time.'R.eported I 05-21-14 ti 210-708-1757 How reported I Person TYPE OR PRINT ONLY It is 1ny understanding that this report is made for ad1ninisttative internal police depart1ncnt purposes only, and will not be used ngainst n1c in a cri1ninal investigation. This repo.rt is 1na~ lvU) Dogwood Bend, San lilltonio, i I Tx.1 ;~~~~~~~el757 : Date and Ti1ne-Of OccmTcnce I 05-20-14 // 1420 hrs. j How reported IPerson Date and Time Reported I os-21-14;; TYPE OR PRINT ONLY It is my understanding -that this report is made for ad1ninistrativc internal police departn1cnt purposes only, and will not be used against -; ine ill a cri1ninal inves:tjgation. This report is 1naing to obey an order to \Vrite this report. I c.1.n be disciplined fr)r insubordination, and for failure to cooperate in an internal investigation, and that the punisllinent for such violations can include tennination of employ1nent. This report is 1nade prn~-;uant to such order_, and the potential discipline that can result fr(}m failure lo obey that order. 1. Have you read Rule 3_02, Truthfulness of Members, of the San Antonio Police Department General Manual? Do you nnderstand it? Answer: Yes. Yes .• 2. Do you have a recording device in your possession? If your answer is "Yes", did yon notify Sergeant Blackburn of the device'' Answer: No 3. Are you recording this interview with Internal Affairs Sergeant Larry Blackburn? If yonr answer is "Yes," have you notified Sergeant Blackburn that you are recording this interview? Answer: No 4. Is your attorney or a representative of the Association (SAPOA) present with you during this interview? If your answer is "Yes," identify by name the attorney or representative of the Association (SAPOA). Answer: Yes. Karl Brehm, CLEAT I 08/2712014 Virgilo Gonzalez #1553 Officer's Printed Name/Badge# -----+~--- - - - - - - - - - - - - - - - - - - - -- - Date ·----~--~------ - ---- I S:APD Fnnn #:'.UID IAS B 1 San Antonio Police Department Internal Affairs Unit Respondent Officer's Report l.;:\. Formal Ca"c _\lumher: fL2U !4-203 SAPD Case NumJer: SAPDl410-R6SO 5. Did you see or participate in the apprehension ofRogerlio Carlos? lftbe answer is your role making the apprehension and names oificers at the scene of the apJJre.her1si(Jn and their roles making the apprehension. Answer: Yes. I responded to the loeation with ruy partner Carlos Chavez assist detectives who were foilowiog a sp, who had an active felony warrant mid was known to have a violent criminal history and known to carry a fireann with him. A trallk stop was A vehicle chase ensued, leading to attempted to stop the sp by uniform involved the woods behind the R n .BB vs abandoning Iris vebiele on restanrmt. As we fumed the corn.er in the pa1r-t-~-i-'R-esµo-nder . .-. S-t-at-e1_n_eo: _ts __----+---S-e_r_e_an ~t.t -.----BJ~.-~-ck ·--b-u-m ---;!....,__ _ _ _A_u_g_u;i: i.2, 20 l 4 j ia-, I ,r - Tile re$p o1tdent officer's sigmriure pr Qvide$ proof oftlte' d(>CUIHW 4 viewt!d alt.ti tltat