Case 5:15-cv-00810-RP Document 46 Filed 06/28/16 Page 1 of 9 IN THE UNITED STATES DISTRI CT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION MARITZA AMADOR, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF GILBERT FLORES AND AS NEXT FRIEND OF MINOR R.M.F., VANESSA FLORES, MARISELA FLORES, CARMEN FLORES AND ROGELIO FLORES Plaintiffs, CIVIL ACTION V. BEXAR COUNTY, BEXAR COUNTY OFFICE, GREG VASQUEZ Individually and in his Of?cial Capacity and ROBERT SANCHEZ, Individually and in his Of?cial Capacity Defendants. PLAINTIFF MOTION TO COMPEL BEXAR COUNTY DISTRICT RESPONSES AND PRODUCTION OF REQUESTED ITEMS PROPOUNDED ON THE BEXAR COUNTY DISTRICT OFFICE THROUGH DEPOSIITON ON WRITTEN QUESTIONS TO THE HONORABLE UNITED STATES DISTRICT COURT JUDGE ROBERT PITMAN: COMES NOW Plaintiffs Maritza Amador, Individually and as Representative of the Estate of Gilbert Flores and as Next Friend of Minor R.M.F., Vanessa Flores, Marisela Flores, Carmen Flores and Rogelio Flores, Plaintiffs in the above styled and numbered cause, who makes and ?les this Motion to Compel the Bexar County District Attorney?s Of?ce?s responses and production of documents propounded on the Bexar County District Attorney?s Of?ce through Deposition on Written Questions and in support hereof would respectfully show unto the Court as follows: Case 5:15-cv-00810-RP Document 46 Filed 06/28/16 Page 2 of 9 BACKGIROUND 1 . On August 28, 2015, Decedent Gilbert Flores was fatally shot by Bexar County Deputies Sanchez and Vasquez. 2. On September 14, 2015, Plaintiffs ?led their Original Complaint in this matter and served their First Requests for Production on Defendant Bexar County. (Dkt. 1). 3. Initially, the court ordered a stay of all discovery pending the outcome of the criminal proceedings, including the presentment of the case against the deputies to the grand jury. (Dkt 23). 4. The case was presented to the grand jury and the deputies were no?billed thus concluding the criminal proceedings. The criminal investigation and grand jury proceedings in this case were concluded on December 9, 2015 and there are currently no ongoing criminal proceedings in this case. 5. On December 15, 2015 the court lifted the stay (Docket No. 29). 6. On February 12, 2016, Defendant Bexar County served their Responses to Plaintiffs? First Requests for Production. 7. On March 11, 2016, Defendant Bexar County supplemented their Responses to Plaintiffs? Requests for Production. 8. On March 30, 2016, Plaintiffs sent a Notice of Intention to Take Deposition on Written Questions to the Bexar County District Attorney?s Of?ce through Sparkling City Records. (See attached Exhibit A). 9. On March 30, 2016, Sparkling City Records served the Notice of Intention to Take Deposition 011 Written Questions to the Bexar County District Attorney?s Office, addressed to Assistant District Attorney Leslie Sachanowicz and Bexar County District Attorney Nico Case 5:15-cv-00810-RP Document 46 Filed 06/28/16 Page 3 of 9 LaHood by facsimile to 210-335?2773; the same number that is listed on all of Mr. Sachanowicz? pleadings and ?lings. (See fax con?rmation attached Exhibit B). 10. In addition to sending the Notice of Intention to Take Deposition on Written Questions to the Bexar County District Attorney?s Of?ce through facsimile, Sparkling City Records also sent the Notice and DWQs through the United States Post Of?ce 2-Day Priority Mail, which was delivered on April 2, 2016 addressed to Mr. Leslie Sachanowicz and Bexar County District Attorney Nicolas LaHood. (See attached Exhibit C). 11. On May 26, 2016, Sparkling City Records contacted the Bexar County District Attorney?s Of?ce to check on the status of our DWQ Request. Leslie Haby of the Bexar County District Attorney?s Of?ce stated that they never received the Notice. At that point, Sparkling City Records sent the Notice and DWQ to Leslie Haby. 12. On May 31, 2016, Sparkling City Records E-mailed the Notice and DWQs to Mr. Sachanowicz? legal assistant, Pamela Garcia?McCormick. 13. On June 15, 2016, Sparkling City Records again contacted Leslie Haby to follow-up with our request. Ms. Haby stated: Hi Catherine as we discussed on the phone, subpoenas are speci?cally excluded from the Public Information Act (the requests that I handle). It appears that Les Sachanowicz is the attorney assigned to this case (Sue Ann Gregory is no longer with this of?ce); however, it is my understanding that he was not served with the subpoena. I will forward this information to his secretary, but do you have record of service? 14. On June 15, 2016, Attorney Robert P. Wilson E?mailed a letter to Assistant District Attorney . Les Sachanowicz asking the Bexar County District Attorney?s Of?ce to produce the documents requested through the Deposition on Written Questions by June 22, 2016, or a Motion to Compel Case 5:15-cv-00810-RP Document 46 Filed 06/28/16 Page 4 of 9 would be ?led. (See attached Exhibit D). 15. As of June 22, 2016, the Bexar County District Attorney?s Of?ce has not produced the documents requested in the Deposition on Written Questions propounded on the Bexar County District Attorney?s Of?ce. 16. The deposition on written questions seeks the discovery of two sets of documents- 1) the investigative ?le from the Bexar County of?ce in relation to the death of Mr. Flores and 2) the documents re?ecting the proceedings before the Bexar County grand jury regarding this death including all information provide to the grand jury and all testimony presented to the grand jury. These documents are relevant and Vital to the complete investigation of the issues raised in this litigation. 17. The threshold for relevance at the discovery stage is lower than at the trial stage. See In re Gateway Engineers, Inc., 2009 WL 3296625, (W.D. Pa. Oct. 9, 2009) (?relevance is a broader inquiry at the discovery stage than at the trial stage?); see also, Khodara Environmental II, Inc. v. Chest Township, 2007 WL 2253606, at *1 (W.D. Pa. Aug. 3, 2007) (?the need for something to be ?relevant? to be discoverable is a relatively low threshold to meet as compared to relevance under [Federal Rule of Evidence] 401?). Although Rule 26(b)(1) limits the scope of discovery to non-privileged and relevant matter, relevance is constructed broadly to include ?[a]ny matter that bears on, or that reasonably could lead to other matter that could bear on, any issue that is or may be in the case.? See Khodara Environmental II, 2007 WL 2253606, (quoting Oppenheimer Fund, Inc. v. Sanders, 437 US. 340, 351, 98 2380, 57 L.Ed.2d 253 (1978)); see also Martinelli v. Petland, Inc., 2010 WL 3947526, (D.Kan. Oct. 7, 2010). Further, ?where relevance is in doubt, [Rule indicates that the court should be permissive? in allowing discovery. E.E. 0. C. v. Simply Storage Management, L.L.C., 270 F.R.D. 430, 433 (SD. Ind. 2010) (quoting ruswal Systems Corp. v. Hydro-Air Engineering, Inc., 813 F.2d 1207, 1212 (Fed. Cir. 1987) (internal quotations omitted)). Put simply, request for discovery should be Case 5:15-cv-00810-RP Document 46 Filed 06/28/16 Page 5 of 9 allowed unless it is clear that the information sought can have no possible bearing on the claim or defense of a party.? Martinellz?, 2010 WL 3947526, at see Gateway Engineers, 2009 WL 3296625, (?only if it is palpable that the evidence sought can have no possible bearing upon the issues should a court deny discovery?). 18. It is absolutely imperative for Plaintiffs to have any and all statements taken or given by the parties, investigators and witnesses in this case in order to get an accurate description of the events which occurred on August 28, 2015 and thereafter. This includes the additional investigation conducted by the of?ce, if any, and the proceedings before the grand jury. Among other potential reasons, these documents are relevant for the following reasons: a. Discovery to date has revealed that it is the procedure of the Bexar County Sheriff 5 of?ce to present its material to the Bexar County of?ce for potential criminal charges in order to determine what if any disciplinary action needs to be taken against of?cers accused of excessive force. The fact that these deputies were no-billed meant that no disciplinary action was taken as a result of this shooting. Thus, the grand jury proceedings are interwoven into the discipline of these of?cers and the enforcement of the Sheriff?s policy of the use of deadly force. What transpired before the grand jury is therefore relevant. b. The credibility of deputies Vasquez and Sanchez as well as others within the department who investigated the shooting are at issue in this litigation. As part of the criminal investigative ?le approximately 15 statements were given by multiple of?cers. Included in this production were statements from Of?cer Vasquez and Of?cer Sanchez. The factual statements made by of?cers Vasquez and Sanchez in these written statements are in direct con?ict with the video tape of the shooting and are in crucial portions complete fabrications. (See attached Exhibit F). Case 5:15-cv-00810-RP Document 46 Filed 06/28/16 Page 6 of 9 Speci?cally, in the statement of Deputy Vasquez he claims that at the time of the shooting Mr. Flores was 6 to 8 feet away from the deputies and was advancing towards them. The video tape of the shooting shows that at the time he was shot, Mr. Flores was standing still with his hands raised and was more than 20 feet ?orn the deputies. This was further con?rmed by a schematic done by the Bexar County Sheriff?s Department showing the true distance was in excess of 20 feet. (See attached Exhibit E). The Plaintiff should be able to discover if these of?cers made a different statement directly to the Bexar County DA or before the grand jury and how other witnesses attempted to explain away this obvious discrepancy. c. The criminal ?le contains statements from multiple other of?cers involved in the investigation. To the extent that any of these of?cers gave additional statements directly to the DA or testi?ed under oath before the grand jury, makes their testimony crucial and relevant. d. It is believed that the Defendant will defend the failure to discipline these deputies based upon the no bill from the grand jury. Speci?cally, following the result from the grand jury, Sheriff Pamerleau stated in a news conference on or about December 9, 2015, that due to the ?ndings of the grand jury the deputies would be free to return back to work. As such, the proceedings before the grand jury must be explored and the Plaintiff has the right to determine what went before the grand jury when that decision was made. Thus this information is relevant and cannot be obtained through any other source. 19. Although there is a long standing tradition of secrecy in ongoing Federal grand jury proceedings, in Texas, proceedings before a grand jury from a closed criminal case are discoverable in subsequent civil suit when the need is shown. Euresti v. Valdez 769 575 (Tex. App. Corpus Christi 1989, orig proceeding) (court allowed discovery of grand jury testimony in a malicious prosecution Case 5:15-cv-00810-RP Document 46 Filed 06/28/16 Page 7 of 9 case when a need was shown by the Plaintiff); In Re Curry, 2008 WL 2311395 (Tex. Civ. App. San Antonio, 2008, orig. proceeding). 20. In the current action Plaintiffs have expressed a need to the investigative ?le from the criminal proceedings in the of?ce and to the grand jury evidence and testimony. As described, when an of?cer is charged with excessive force the Bexar County Sheriff?s department uses the Bexar County DA and the criminal proceedings, including the result before the grand jury (if the case is presented), as the basis for any disciplinary action for the deputies and the determination of violation of department policy. This makes the actions of the criminal division of the DA in investigating the shooting as well as the proceedings before the grand jury crucial to the issues raised in this suit. 21. Plaintiffs need to be able to determine what additional investigation was conducted by the DA and what was presented to the grand jury to properly investigate the issues raised. Whether the witnesses, investigators and defendants are credible and truthful, and what other statements they gave directly to the DA or when they testi?ed before the grand jury are crucial, particularly in light of current discovery that shows some fabrications by Deputy Vasquez. This can only be done by comparing these witnesses and defendants? statements to the DA and grand jury testimony. As such this information is necessary and cannot be obtained from any other means. PRAYER WHEREFORE Plaintiffs? request that this honorable Court grant Plaintiffs? Motion to Compel the Bexar County District Attorney?s Of?ce?s Responses and Production of Requested Items Propounded on the Bexar County District Attorney?s Of?ce Through Deposition on Written Questions and order that the deposition on written questions be completed and the documents produced within a time frame determined by the court and for such other and further relief to which the Plaintiff may show itself to be entitled. Case 5:15-cv-00810-RP Document 46 Filed 06/28/16 Page 8 of 9 Respectfully Submitted, LAW OFFICES OF THOMAS J. HENRY 521 Starr Street Corpus Christi, Texas 78401 Phone: (361)-985-0600 Fax: (361)-985-0601 By: Thon-ias J. SBN: 09484210 Robert P. Wilson SBN: 21718575 rwilson@thomasjhenrylaw.com ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I do hereby certify that on the ?gday of June 2016 a true and correct copy of the above pleading was electronically ?led with a copy to the following: Nicholas ?Nico? LaHood Bexar County Criminal District Attorney Leslie ?Les? Sachanowicz Asst. Criminal District Attorney Civil Division 101 W. Nueva, 7th Floor San Antonio, Texas 78205 ATTORNEYS FOR BEXAR COUNTY AND BEXAR COUNTY OFFICE Charles Frigerio Law Of?ces of Charles S. Frigerio 111 Soledad Street, #840 San Antonio, Texas 78205 ATTORNEY FOR DEPUTIES GREG VASQUEZ AND ROBERT SANCHEZ Robert P. Wm Case 5:15-cv-00810-RP Document 46 Filed 06/28/16 - Page 9 of 9 IN THE UNITED STATES DISTRI CT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION MARITZA AMADOR, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF GILBERT FLORES AND AS NEXT FRIEND OF MINOR R.M.F., VANESSA FLORES, MARISELA FLORES, CARMEN FLORES AND ROGELIO FLORES Plaintiffs, V. BEXAR COUNTY, BEXAR COUNTY OFFICE, GREG VASQUEZ Individually and in his Of?cial Capacity and ROBERT SANCHEZ, Individually and in his Of?cial Capacity CIVIL ACTION Defendants. ORDER GRANTING MOTION TO COMPEL THE BEXAR COUNTY DISTRICT RESPONSES AND PRODUCTION OF REQUESTED ITEMS PROPOUNDED ON THE BEXAR COUNTY DISTRICT OFFICE THROUGH DEPOSIITON ON WRITTEN QUESTIONS FROM THE HONORABLE JUDGE 0F SAID COURT: After considering Plainti?fs' Motion to Compel the Bexar County District Attorney ?3 Office ?s Responses and Production of Requested Items Propounded on the Bexar County District Attorney ?s Of?ce Through Deposition on Written Questions, the response(s) thereto, arguments of counsel, and all evidence on ?le, the Court hereby orders that said motions are in all things GRANTED. IT IS SO ORDERED. SIGNED AND ENTERED on this day of 2016. JUDGE PRESDDING 3619928313 Cigg?ng??g?ggr-QOBlO-RP Document 46-1 Filed OBAgSAngamPaggion?o? SPARKLING CITY RECORDS Litigation Records Service POST OFFICE BOX 60149 CORPUS CHRISTI, TEXAS 78466-0149 (361) 992-9868 Fax (361) 992-8313 1-800-283-6796 {if DATE: March 30, 2016 TO: LAW OFFICES OF THOMAS J. HENRY ATTENTION: MR. ROBERT WILSON FAX: (361) 985-0601 FROM: CATHERINE CARMANY RE: MARITZA AMADOR, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF GILBERT FLORES AND AS NEXT FRIEND OF MINOR R.M.F., VANESSA FLORES, MARISELA FLORES, CARMEN FLORES AND ROGELIO FLORES V. BEXAR COUNTY, BEXAR COUNTY OFFICE, GREGORY VASQUEZ, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AND ROBERT SANCHEZ, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE): 8 MESSAGE: FOLLOWING IS A SIGNATURE FORM FOR MY FILE THAT WILL ALLOW ME TO SIGN YOUR NAME TO THE NOTICE, WHICH I HAVE PREPARED AT YOUR REQUEST. YOUR COPY OF THE NOTICE IS ALSO ATTACHED AND WILL BE DELIVERED TO ALL PARTIES AS USUAL. HAVE A GOOD DAY. ?Il8 3619928313 Document 46-1 Filed 06/228151?p?age3gaf2a5 SPARKLIN CITY RECORDS Litigation Records Service POST OFFICE BOX 60149 CORPUS CHRISTI, TEXAS 73466-0149 (361) 992-9868 i} Fax (361) 992-8313 1-800-2836796 If} March 30, 2016 MR. ROBERT WILSON LAW OFFICES OF THOMAS J. HENRY 521 STARR STREET CORPUS CHRISTI, TEXAS 78401 IN RE: MARITZA AMADOR, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF GILBERT FLORES AND AS NEXT FRIEND OF MINOR R.M.F., VANESSA FLORES. MARISELA CARMEN FLORES AND ROGELIO FLORES V. BEXAR COUNTY, BEXAR COUNTY OFFICE, GREGORY VASQUEZ, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AND ROBERT SANCHEZ, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, FOR THE UNITED STATES JUDICIAL DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS, SAN ANTONIO C.A. NO Dear Mr. Wilson: At your request a "Notice of Intention to take Deposition on Written Questions? has been prepared in the above referenced case. The Custodian of Records will be subpoenaed to produce answers to the Deposition on Written questions, as well as a complete and accurate copy of any and all INVESTIGATION RECORDS from the following providers: BEXAR COUNTY DISTRICT OFFICE 101 W. NUEVA STREET SAN ANTONIO, TEXAS 78205 Texas Rules of Civil Procedure, 191.3(a) requires that such Notice be signed by the attorney of record, for the party on whose behalf the Notice was prepared. Your signature below will give Sparkling City Records permission to sign your name. and show your State Bar of Texas identification number, address, telephone number and fax number 2i8 3619928313 gfaa?engg??g?g Document 46-1 Filed 3,8 on the above referenced Notice. Your business is appreciated. Please call if there are additional matters that Sparkling City Records can help you with in the preparation of your case. Yours truly, Catherine Ca any Sparkling City cords Sparkling City Records has my permission to sign my name to the above referenced Notice of intention to take Deposition on Written Questions. MR. ROBERT WILSON MARITZA AMADOR, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF GILBERT FLORES AND AS NEXT FRIEND OF MINOR R.M.F., VANESSA FLORES, MARISELA FLORES, CARMEN FLORES AND ROGELIO FLORES V. BEXAR COUNTY, BEXAR COUNTY OFFICE, GREGORY VASQUEZ, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AND ROBERT SANCHEZ, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY (BEXAR COUNTY DISTRICT OFFICE) 3519928313 C?gel??L?igg?agQBlO-RP Document 46-1 Filed 4,8 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN, DISTRICT OF TEXAS SAN ANTONIO DIVISION MARRZA AMAOOR, INDIVIDUALLY AND As OF THE ESTATE OF GILBERT FLORES AND AS NEXT FRIEND OF MINOR R.M.F.. VANESSA FLORES, MARISELA FLORES, CARMEN FLORES ANO FIOGELIO FLORES V. C.A. NO. BEXAR COUNTY, BEXAR COUNTY OFFICE, GREGORY VASQUEZ, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AND ROBERT SANCHEZ, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY NOTICE OF TO TAKEDEPOSI I ION BY WRITTEN QUESTIONS To DEFENDANTS By and through the Attorney of record for DEFENDANTS MR. NICHOLAS LAHOOD I MR. LESLIE SACHANOWICZ MS. SUE ANN GREGORY - BEXAR COUNTY CRIMINAL DISTRICT ATTORNEY CIVIL DIVISION 101 W. NUEVA, 7TH FLOOR SAN ANTONIO, TEXAS 78205 MR. CHARLES S. FRIGERIO LAW OFFICES OF CHARLES S. FRIGERIO, RC. 111 SOLEDAD, SUITE 840 SAN ANTONIO, TEXAS 78205 AND TO WITNESS: BEXAFI COUNTY DISTRICT OFFICE You will please take notice that after ten (10)"days from the service of this notice. a Notary Public in and for the State of Texas will take the deposition of the following witness (es) by written questions, to be used as evidence in the above-styled and numbered cause Of action. 3519928313 Document 46-1 Filed 518 BEXAR COUNTY DISTRICT OFFICE 101 W. NUEVA STREET SAN ANTONIO, TEXAS 78205 before a Notary Public. which attached questions may be used in evidence upon the trial of the above styled and numbered cause pending in the above named court. Copies of the written questions to be asked are attached hereto. As authorized by rule 31 of the Federal Rules of Civil Procedure, a Subpoena Duces Tecum will be issued requiring the witness(es) to produce the following: THE BEXAR COUNTY DISTRICT COMPLETE FILE REGARDING THE INVESTIGATION INTO THE FATAL SHOOTING DEATH OF GILBERT FLORES (DOB: 5118174) BY BEXAR COUNTY DEPUTTES ROBERT SANCHEZ AND GREG VASGUEZ WHICH OCCURRED ON AUGUST 28, 201 5 And AND ANY AND ALL DOCUMENTS, RELATING TO THE PROCEEDINGS BEFORE THE GRAND JURY, INCLUDING ALL INFORMATION PROVIDED TO THE GRAND JURY AND ALL TESTIMONY PRESENTED TO THE GRAND JURY to which the witness may have access and to deliver all such records to the of?cer authorized to take this deposition so that photographic reproductions of the same may be made and attached to said deposition. Respectfully submitted, MW.) MR. ROBERT LAW OFFICES OF THOMAS J. HENRY STATE BAR OF TEXAS Identi?cation No. 21718575 521 STARR STREET CORPUS CHRISTI. TEXAS 78401 Phone: (361) 985-0600 Fax: (361) 985-0601 Signed with written permission iven by MR. ROBERT WILSON 3519923313 Document 46-1 Filed 6,8 gy/?W 43m erine Cannany 8 FIKLING CITY RECOR Post?orIIce Box 60149 Corpus Christi, Texas 78466-0149 Tel: (361) 992-9868 1-800-283-6796 Fax: (361) 992-8313 Fl ATE OF ERVIC I CERTIFY THAT A TRUE AND EXACT COPY OF THE FOREGOING NOTICE OF IN NT ION TO TAKE DEP ITION BY TION WAS DELIVERED TO THE RESPECTIVE PARTIES OR ATTORNEYS OF RECORD BY: MR. NICHOLAS LAHOOD I LESLIE SACHANOWICZ I MS. SUE ANN GREGORY. FAX: (210) 335-2773 MR. CHARLES s. FHIGERIO, FAX: (210) 271-0602 BEXAR COUNTY DISTRICT OFFICE. FAX: (210) 335-2773 ORIGINAL WILL FOLLOW BY REGULAR MAIL SPARKLING CITY ORDS POST OFFICE BOX 60 PUS CHRISTI, TEXAS 78466 March 30, 2016 SHOULD YOU DESIRE COPIES OF THE RECORDS SUBMITTED TO YOUR FILES, PLEASE CONTACT SPARKLING CITY RECORDS AT THE ABOVE NUMBER. 3619928313 Document 46'1 Filed 718 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION AMADOR, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF GILBERT FLORES AND AS NEXT FRIEND OF MINOR R.M.F., VANESSA FLORES, MARISELA FLORES. CARMEN FLORES AND ROGELIO FLORES V. C.A. NO. BEXAR COUNTY, BEXAR COUNTY OFFICE, GREGORY VASOUEZ, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AND ROBERT SANCHEZ, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY DIRECT TO BE PROPOUNDED TO THE CUSTODIAN OF INVESTIGATION FOR: BEXAR COUNTY DISTRICT OFFICE 101 W. NUEVA STREET SAN ANTONIO, TEXAS 78205 RECORDS PERTAIN TO: GILBERT FLORES (DOB: 05l18l1974) SHOOTING DEATH: 0812812015 1. STATE YOUR NAME, ADDRESS AND OCCUPATION. ANSWER: 2. STATE WHETHER OR NOT YOU ARE A CUSTODIAN OF INVESTIGATION RECORDS FOR THE ABOVE NAMED PLACE OF BUSINESS. ANSWER: 3. STATE WHETHER OR NOT YOU HAVE IN YOUR CUSTODY OR SUBJECT TO YOUR CONTROL THE RECORDS PERTAINING TO THE ABOVE NAMED INDIVIDUAL. ANSWER: 4. PLEASE HAND TO THE NOTARY PUBLIC TAKING THIS DEPOSITION A COMPLETE COPY OF ALL SUCH RECORDS. HAVE YOU DONE AS ANSWER: 3619928313 Document 46-1 Filed 5. PLEASE STATE WHETHER OR NOT YOU CAN VERIFY THAT THE RECORDS YOU HAVE FURNISHED TO THE NOTARY PUBLIC IN RESPONSE TO THE FOREGOING QUESTIONS ARE A COMPLETE AND ACCURATE COPY OF THE RECORDS. ANSWER: 6. PLEASE STATE WHETHER OR NOT THE RECORDS YOU HAVE FURNISHED TO THE NOTARY PUBLIC IN RESPONSE TO QUESTION NO. 4 WERE KEPT IN THE REGULAR COURSE OF BUSINESS. ANSWER: 7. PLEASE STATE WHETHER OR NOT IT WAS IN THE REGULAR COURSE OF BUSINESS FOR AN EMPLOYEE OF THE OFFICE, WITH THE PERSONAL KNOWLEDGE OF THE ACTS RECORDED TO MAKE THIS RECORD OR TO TRANSMIT INFORMATION, WHICH IS INCLUDED IN THIS RECORD. ANSWER: 8. PLEASE STATE WHETHER OR NOT THE INVESTIGATION RECORDS YOU HAVE FURNISHED TO .THE NOTARY PUBLIC IN RESPONSE TO THE FOREGOING INQUIRIES WERE MADE AT CH NEAR THE TIME OF THE ACT WHICH IS RECORDED. OR REASONABLY SOON ANSWER: WITNESS (CUSTODIAN OF RECORDS) BEFORE ME. THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED . KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMEVT IN THE CAPACITY THEREIN STATED, AND ACKNOWLEDGED TO ME THAT THE ANSWERS TO THE FOREGOING QUESTIONS ARE TRUE AS STATED. I FURTHER CERTIFY THAT THE RECORDS ATTACHED HERETO ARE EXACT DUPLICATES OF THE ORIGINAL RECORDS. GIVEN UNDER MY HAND AND SEAL OF OFFICE. THIS DAY OF 2016. NOTARY PUBLIC IN AND FOR THE STATE OF MY COMMISSION EXPIRES: SIS Case 5:15-cv-00810-RP Document 46-2 Filed 06/28/16 Page lofl .5 Transmission Report Datefl?lrne 03?30?2016 12:38:07 pm. Transmit Header Text Local ID 1 3619928313 Local Name 1 Sparkling Clty Records This document Confirmed (reduced sample and details below) Document size 8.5 "x11" SPARRING CITY RECORDS litigation Records Service POST OFFICE 301' 60119 CORPUS mums 73166-0149 (361) 992-9568 Fax (361) 992-8313 {5 1-800?283-6196 e-mail - DATE: March 30. 2016 TO: BEXAR comm DISTRICT ATTORNEYS OFFICE ATTENTION: INVESTIGATION RECORDS I:sz {210) 3352773 FROM: CATHERINE GARMANY RE: MARITZA AMADOR. INDIVIDUALLY AND As OF 11-11? ESTATE OF GILBERT FLORES AND As NEXT FRIEND OF MINOR VANESSA FLORES. MARISELA FLORES. CARMEN FLORES AND ROGELID FLORES v. BEXAFI BEXAR COUNTY OFFICE. GREGORY VASOUEZ. INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AND ROBERT amen-'2. INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE): MESSAGE: FOLLOWING IS A REQUEST FOR INVESTIGATION RECORDS PERTAINING TO: GILBERT FLORES (DOB: 05119119?? SHOOTING DEATH: W015 PLEASE PROVIDE A COMPLETE COPY OF ANY AND ALL RECORDS ALONG WITH THE DEPOSITION ON WRITTEN QUESTIONS. ANY QUESTIONS MAY BE DIRECTED TO SPARKLING CITY RECORDS AT THE ABOVE LISTED NUMBER. Total Pages Scanned: 11 Total Pages Confirmed 11 No. Job Remote Statl on Start Tlme Du ratlon Pages Llne Mode Job Type Results 001 621 12103352773 12:33:56 pm. 03?30?2016 00:03:29 11111 1 EC HS 0314400 Abbreviatlons: HS: Host send PL: Polled local CP: Completed TS: Terminated by system HR: Host receive PR: Polled remote FA: Fall 63: Group 3 W5: send MS: Mailbox save TU: Terminated by user EC: Error Correct Case 5:15-cv-00810-RP Document 46-3 Filed 06/28/16 Page 1 of 1 Customer Servlco USPS mobile Register! El?n ln Customer Service 5 Have We're here to help. USPS Tracking? Get Easy Tracking Updates 1? Sign u3: for my USPS. Tracking Number: 9114999991703027213242 On Time Expected Delivery Day: Saturday, April 2, 2916 Product Tracking Info rmation Available Actions Postal Product: Features: Priority Mail 2-Day? USPS Tracking? DATE 3; ETATUS OF 1.3mm?: April 2. 201a 9:21 am 1 Delivered, mm Mailbox SAN ANTONIO. Tx 73205 Yam ?em was ?ellvered in or at the mailbox at 9:21 am rm April 2, 2616 in SAN AHTONID, TX 78205. April 2, 2016 . 3:24 am Arrived at Post Ol?ce SAN ANTONIO. TX 73234 '5 April 1, 2015 . 10:00 pm Departed USPS Facility SAN ANTONIO. TX ?8284 April 1, 2016 . 8:34 am - Arrived at USPS Facility SAN ANTONIO. TX 78284 March 31. 2016 . 9:46 pm Departed USPS Facility 78469 . . CORPUS March 31 . 2016 . 6.04 pm Arrived at USPS Faculty CHRISTI. 1x 78469 Accepted at USPS Origin CORPUS March Facility TX 73411 Info Sent to March 30, 2016 USPS i l? a Track Another Package Manage Incoman Packages Tracking (or receipt] number Track all your packages fmma dashboard. No tracking numbers necessary. Track It Sign up for My USPS I a: cw, (m . r-Wu-numF-rm cunts-M Mung. w. we; am. ?:1:qu m; i - Case 5:15-cv-00810-RP Document 46-4 Filed 06/28/16 Page 1 of 3? Karen VillarrUel - From: Rebert Wilson Sent: . Friday, June 24, 2016 4:31 PM To: Karen Villarruel Cc: 7 Subject: FW: FLores v. Bexar County Attachments: Letter to Les Sachanowi'cz re DWQ Request edits.doCx - Frem: Robert Wilson Sent: Wednesday, June 15,2016 5:33. PM- To: 'Sachanowicz, Leslie' C_c: Subject: FLores v. Bexar County Les, Please see the attached letter regarding the previously sent for the grand jury information. I Robert P. Wilson Attorney TH-OMASJHENRY l?NJue?v a-trortuevs o: 210.656.1060 361.985.0501 A A .com Case Document 46-4 Filed 06/28/16 Page20f3 TH OMASJ EN RY .INJJURY ATTORNEYS TOLL FREE: 1800-5800601 FAX: 1-888-956-8001 TJHLAWJZOM - THOMASJUDEHEQRYI ROGERLTURK GEORGEA. DEVERA 1 RUBENGHERRERA STEPHEN salesmen DARIUS mosaAInAN I CECILEWCRABIRE 1 DAVID OAVIDIIJERINA PHILUPCRIPPER JORDAN JAOGON MATmew SEANHULL LINDSEY RIOIARDIM JOSEPHINE LUE [Aum'u PETIT1WADEB. REI-SE BRYANW. SCI-IOEPPEY ROBINTREVINO I I SCOITSAGER 1111] MELISSASALINAS I I JIM MARTIN A - TIFFANY GEORGE MARCOCRAWFORDI PETERZAVALEITA ERICAWOLFEIDAUS 1: I TANYABAO-IANDTT EDWINLMCANINCH 1 KERRYADIGIOIA I IRETPENOEGRAFT RALNWANKWO my IcevnvNORRIs 5 I I ROGERZGUEVARA mam] CHRISTOPHER GABRIELDEVEGA NEGIN comm 1 ALARCON IRFANSODIOUI IJUDEASMIIH ERICGRIJEIZNER I JOHNSON 1 ORLANDOVEM DAVID JEFFREYZEIDM JOHN PAULWOHNAN GERMAN LCANTU PRATEBI DAVIDKELLEUDEITTH - WRJGIIFTMAN 1 BRANDON P.MUNDT 1 ROBERTOEISOIEL iticemedin?IKPA I HUcmsedinmm I?m Ucensedhmuo mus Immedme xuwsemex, June '15, 2016 VIA EMAIL Leslie ?Les? Sachanowicz Assistant District Attorney Civil Section . ?Bexar County District Attorney?s Of?ce 101 W.,Nueva, 7th Floor San Antonio, TeXas 78205 RE: Cause Maritza Amador, er al v. Bexar County, Robert Sanchez and Greg Vasquez I . Dear Mr. Sachanowicz: '1 Sparking City Records faxed and mailed a DWQ to the Bexar County District Attorney?s Of?ce at Plaintiffs? request on March 30, 2016 requesting: The Bexar-_ County District ;Attomey?s Of?ce cOmplete ?le regarding the. investigation into the fatal shooting death of Gilbert Flores (DOBE 5/18/74) by Bexar County Deputies Robert Sanchez and Greg Vasquez which occurred on August 28, 2015. - I speci?c request for the ?le, and any all documents, relating. to the proceedings; before the grand jury, including. all information provided to the grand jury and all testimony presented to the grand jury. . - . After no response from 'Bexar County on- May226,_52016, Sparkling City Records spoke with Leslie Haby of the Bexar County District Attorney?s Office. Ms. Haby claiIned that/the", Bexar County District Attorney?s Of?ce had no received the DWQ request. At that time, Sparkling City Records E?maile'd the DWQ requests w/ confirmation of fax delivery on March 30, 2016 and USPS tracking with delivery date of April 2, 2016. As Of today?s date, Sparkling City Records nor Plaintiffs have receivedthe requested documents. CORPUS CHRISTI SAN ANTONIO AUSTIN HOUSTON 521 STARR STREET - 471 S-FREDERICKSBURG. STE 507 1515 5. CAPITAL OF TEXAS HWY, STE 200 - 4900 WOODWAY DR, STE 1040 CORPUS CHRISTI. TEXAS 78401 SAN ANTONIO, TEXAS 78229 AUSTIN, TEXAS 78746 - HO USTON, TEXAS 77056: - PHONE: (361)985-0600 PHONE: (210) 656-1000 Case 5:15-cv-00810-RP Document 46-4 Filed 06/28/16 Page 3 of 3 Mr. Les Sachan0W1cz DWQ Request to Bexar County DA June 15, 2016 Page 2 The time to object to the production of these documents has passed. Please provide the documents requested through Sparkling City Records DWQ to the Bexar County District Attorney?s Of?ce within 7 days (June 22, 2016) or we will be forced to ?le a Motion to Compel with the Court. Should you have any questions or need any additional information, please do not hesitate to contact me. Very truly yours, THOMAS J. HENRY, INJURY ATTORNEYS Robert P. Wilson Filed 06/28/16? Pg?ggjl of 1 .Iv. 772-7In}. I him-I. 5551111. 45. . - In? 75-3935If. EXHIBIT Case 5.15~cv~00810~RP Document 466 Filed 06/28/16 Page 1 of7 Witness's Statement Bexar County Case 3515-34981 Statement taken by: . Detective John Perez 622 at 200 N. Comal STATE OF TEXAS San Antonio TX 78207 COUNTY OF BEXAR Friday- August 28, 2015 1525hours BEFORE ME, THE UNDERSIGNED AUTHORITY, AND FOR THE STATE AND COUNTY AFGRESAID, ON THIS DAY PERSONALLY APPEARED: Sanchez, Robert WHO BEING BY ME FIRST DULY SWORN UPON OATH, DEPOSES AND SAYS: My name is Sanchez, Robert and I am 51 years on. My Date ofBith is-. 1 have been employed with the Eexar County Sheriff's Office as a Deputy andI am currently assigned to thefirst shifi day patrol division I have been employed with the Bexar County Sherifl' Ofiice as a Deputy for twenty I can read audwrite the Eu lish ban a e. 5' (a On August 28, 2015 at 7:00 am, I started my was assigned to work in the Delta (20) area which is from Cnlebra road to Benders mad. Prior tendon time I was assigned to assist in snaffle accident located in State Hwy 211. As I arrived at the accident I assisted the Primary Deputy G. Vasquez and then shortly afierwards both Deputy G. Vasquez and I 7 got dispatched to 8 Emily disturbance in the Bridgewood subdivision. En-rcute to the family disturbance Iheard the radio toner going off and the dispatcher announced a separate family disturbance indicating adisturbauce with a knife and a female was bleeding I i remember the dispatcher giving the address of Walnut Pass. As Ilooked at my keycard i noticed the address was 24414 Walnut Pass Deputy Go Vasquez was a far distance ahead of me when we both started heading to the second disturbance on Walnut Pass I lost sight of Deputy G, Vasquez as we both headed to the disturbance. Itraveled on FM 1560 to Bandara Read and took a left on Bandera road heading north. lmade a right on Scenic Loop and book i a right on Cross Mountain Trail. As I traveled down Cross Mountain Trail Iheard through the police radio that Deputy Ge Vasquez had put himself out at the location. I heard the I dispatcher close the channel as] still continued traveling down Cross Mountain Trail. The radio traffic was silent for about a minute whenI came up to Walnut Pass. I did notice a Fire staged at Cross Mountain Trail and Walnut Pass I took a lefi onto Walnut Pass passing the Fire Truck and then I observed Deputy G. Vasquez in the middle of the street holding his ballistic shield up with his forearm towards his facial area. I notice a male about the same size as Deputy G, Vasquez standing in front of Deputy G, Vasquez holding a knife in what Ithink was his right hand swinging the knife towards Deputy G4 Vasquez in an over hand thrust. I noticed the male swing the knife several times toward the shield in the direction of Deputy G. Vasquez while Deputy G. Vasquez was blocking the swings with the shield, Inoticed that the male was not wearing a shirt but was unsure if he had pants or shorts on. SIGNATU BC 071051 Case 5:15-cv-00810-RP Document 46-6 Filed 06/28/16 Page 2 of 7 a? At that time I was in fear for Deputy G. Vasquez safety. I was unable to hear Deputy G. Vasquez or the male say anything at the time because I was still in my patrol unit approaching them. When I observed the male swinging the knife I immediately stopped my patrol unit and exited the patrol unit. I pulled out my service handgun and started running toward their direction. I noticed that the male observed me heading in their direction and then noticed the male stop swinging the knife. The male continued holding onto the knife and then he turned towards the house. I heard Deputy G. Vasquez telling me ?Stop Him?, ?Get Him?. I approached the back portion of the light colored vehicle and went around the vehicle. I noticed the male started heading pass the ?oat of the dark colored vehicle heading towards the house. At that time knowing that there were people in the house and due to the keycard and dispatchers indicating that there was an injured person inside the house, I ?red one (1) shot ?om my duty ?rearm missing the male and striking the brick of the house. I noticed the male make his way into the house at which time I noti?ed dispatch that the male was inside the house. I started thinking that the male would hurt somebody inside the house or possible come out with a handgun. I heard Deputy G. Vasquez telling dispatch that he needed the Negotiators r- . . . .- 419? tonnake the?scenezr taking cover behind the dark colored car. - It was about a minute later that I noticed the male come back outside the house. He was still not wearing a shirt and was holding the knife in his right hand. The male is facing our direction holding both hands in the air with the knife in his right hand. I noticed the knife was a silver colored knife with about a six (6) inch blade. The male started yelling ?Shoot me I?m not going back to prison?. I noticed the male placing his hands down and then up as he starts approaching my direction and then Deputy G. Vasquez direction. I started backing away from the vehicle not know what direction the male was going to. I also noticed Deputy G. Vasquez backing away from the vehicle. I noticed the male come around the dark colored vehicle waving his hands up in the air yelling ?Shoot me?. I think at this time he was taunting Deputy G. Vasquez. I noticed the male reaching down to the street and he picks up a Taser that was on the street. I noticed the male grab the Taser and he started walking back around the dark colored car. I heard the Taser clicking ashe? was pulling the "Taser trigger. The male continued to yell taunting Deputy Vasquez. noticed that male heading back towards the from of the dark colored vehicle onto the. street still holding the knife in his right hand and the Taser in his left hand. Both Deputy G. Vasquez and'I started telling the male to drop the knife and the Taser which he did not comply. I noticed the male throw the Taser?across the street into the grassy area a good distance away. The male heads back toward the front lawn area of the house standing by the middle of the lawn. The male continued yelling and waving the knife with his hands moving up and down, at which time I heard through the police radio, who I believe to be a Supervisor stating ?Don?t let him get back into the house?. The male started telling both Deputy G. Vasquez and me ?Shoot me?, ?Shoot me; I?m not going back to jail? as he continued to stand in the front of the lawn. I noticed that the male started walking toward Deputy G. Vasquez patrol unit at which time I noti?ed dispatch that he was approaching the vehicle. SIGNATUREW. DATE: C5 9 S7 BC 071052 5:15-cv-00810-RP Document46?6 Filed 061(128/16 Page 3 of 7 The male contmued to wave the knife motionmg his ands up and down. The male reaches Deputy G. Vasquez vehicle and he starts to pull the front passenger door handle in attempts to open the vehicles door. At that time I started thinking that Deputy G. Vasquez might have had an AR Ri?e in the vehicle. I again heard coming through the police radio ?om, who I think was a different Supervisor, ?Do whatever you have to do?. I interpreted the order to be to prevent the male from getting into the patrol unit and getting a weapon. Both Deputy G. Vasquez and I continued telling the male to stop and drop the knife. I noticed the male turned and faced both Deputy G. Vasquez and I but he was still standing by the front passenger door. I yelled at him ?We are giving you a chance to drop the knife?. The male refused to drop the knife and I was afraid that the male was going to get into the vehicle and get a Weapon. I noticed that Deputy G. Vasquez tired his duty handgun towards the male and I also ?red my duty handgun just after Deputy G. Vasquez ?red his handgun. I noticed the male fall to the ground and start bleeding from his upper chest area. I noticed that the knife had fallen to the ground and was just next to the male?s hand. Deputy G. Vasquez at that time kicked the knife away from the male towards the driveway. I noticed Deputy L. Estrada arrive at the scene just after the shooting and he placed handcuffs on the male. I then walked into the house to check on the people inside the house. As I was checking one of the back rooms I noticed an older male standing next to an older Hispanic emale and a 01111 ale who were seating on separate chairs next to the bed. I noticed (waif and ya?ng re?ai? stranding an infant child. rnarre'raaiewas h"??sr head. I asked them if they were ok and they stated they were ok. I started getting medical assistance for young female. No other person was injured inside the house. I walked back outside and secured the crime sceneuntil my Supervision (R. Pedraza) arrived and he asked me to wait in my patrol unit until CID arrived. I STATE THAT IHAVE READ THIS ENTIRE STATEMENT AND DECLARE THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND RECALL. I HAVE NOT BEEN PROMISED ANYTHING NOR BY ANYONE FOR THIS STATEMENT AND HAVE GIVEN IT TO DETECTIVE OHN PEREZ OF MY OWN FREE WILL. I WILL APPEAR IN COURT IF NECESSARY TO TESTIFY AND WILL NOTIFY DETECTIVE JOHN PEREZ OF CHANGE IN MY ADDRESS. SIGNA DATE: Irma?re v; (.021. DATE: BC 071053 Case 5:15-cv-00810-RP Document 46-6 Filed 06/28/16 Page 4 of 7 STATE OF TEXAS VS. NO. 2015-034981 . Statement Taken: 08/28/15 - By Investigator J. Mahon #605 STATE OF TEXAS 3 Bexar County Sheriff?s Of?ce 200 N. Comal St. COUNTY OF BEXAR 3 San Antonio, TX 78207 BEFORE ME, the undersigned authority, in and for the State and County aforesaid, on this day personally appeared Deputy G. Vasquez #4014, who being by me. first duly sworn upon his oath, deposes and says: My name is, Deputy G. Vasquez and I am 47 years of age. I am employed by the Bexar County Sheriff?s Of?ce. My work number is (210) 335-6000. I understand how to read, write, and speak the English language. I have been employed by the Bexar County Sheriffs Of?ce (BCSO) for about 12 and one half years; the last seven and one half years I have been assigned to the Patrol Division of the BCSO. On 08/28/15, at -- Division and in district 1D20 ?ve days a week. I came to work in my duty uniform and was assigned to Vehicle 8528, a fully marked Chevrolet Tahoe. I carry the following items on my duty belt: My County ., issued Glock 40 caliber model 22 service weapon with one magazine (unknown amount of ammunition), two additional magazines (unknown amount of ammunition), an ASP Baton, a County issued Taser, two sets of handcuffs, my County police radio; in addition I am assigned a County issued ri?e. On 08/28/15, just before this incident, I was assigned to a'verbal disturbance in my district. While en route to the verbal disturbance, I heard an e-tone via my police radio for a disturbance on Walnut Pass. I informed the dispatcher to place my call on hold and I would be en route to Walnut Pass being this call was more?urgent. I activated my lights and siren (code three) while responding to Walnut Pass. I traveled from 1560, to Bandera Road, to Scenic Loop, to Cross Mountain Trail, to Walnut Pass until I arrived at the residence (unknown address). While traveling to walnut Pass, I heard the diSpatcher informing us there was a male with a knife at the location; also, the laptop was updating and giving a description of the male with a knife: The male had a tank top and gray colored shorts. As I arrived onto Walnut Pass I obServed two emergency vehicles parked at the intersection of Walnut Pass and Cross Mountain Trail. There were no other BCSO personnel present when I arrived; Iparked, just a bit north of the residence, I observed the front door of the residence closing. I exited my patrol vehicle, grabbed my County issued ballistic shield from the rear cargo area and went to the front door of the residence; 1 had my duty weapon drawn. While at the front door of the residence, I announced ?Sheriff?s Office?, opened the front door, and took a step inside the residence. I observed what appeared to be a Hispanic male, with a medium complexion, heavyset, about 5? 1 l? to 6?0? tall, wearing gray colored shorts, and tattoos on his upper body, step out from a room to my left and was standing in front of me. The male told me he was not going back to jail and he (I already been won for 10 years because of you guys (I took this to mean law SIGNA a [Fr - Subscribed and sworn to before me, Investigator J. Mahon #605, a peace of?cer of the State of Texas and pursuant to Sec. 602.002 Texas GoVemment Code on this the "381: day of A.D. ZEN . We? (@Oftbei? . BC 070937 Case 5:15-cv-00810-RP Document 46-6 Filed 06/28/16 Page 5 of 7 (I At this pointI observed a large bladed knife in the males? hand (unknown which hand). I also observed, a second male, who was later identi?ed as the males? father, standing behind the male. I began to back out of the residence because I was in fear for my safety, but the male followed me out of the residence. I had backed up to the sidewalk, just in front of the residence, and the male was standing on the front porch. As I waited for back up, another deputy to arrive, the male was pacing back and forth on the porch. The male was saying he knew what the Taser and the shield was for and that we would have to kill him. Deputy Robert Sanchez pulled up in his marked patrol vehicle, just south of the residence, and ran toward me. I told Deputy Sanchez the male had a knife and to be careful. As the male focused on Deputy Sanchez, I moved behind two vehicles which were parked in front of the residence. Deputy Sanchez was positioned to my right as I faced the residence and the male. I continued to have my duty weapon ?xed on the male, the male began walking toward Deputy Sanchez, and I heard one gunshot. The male walked in a loop on the front yard (grassy area), then walked toward the front porch of the residence and out of my line of sight. At the same time, I informed the dispatcher that shots had been fired and walked toward Deputy Sanchez. I began to walk towards the front porch of the residence and while doing so I didn?t see the male so I holstered my duty weapon. All of'a sudden the male appeared from nowhere holding a folding metal chair in one hand and a knife in the other; the male who was on the front yard of the residence was coming - toward me. I drew my Taser fromithe holster, pointed it at the male while still holding my shield, and began to back away from the male. The male was about 10 feet away from me, but was coming at me and closing the distance between us. At the same time, the male was saying the Taser doesn?t work and I?ve been in prison. I ?red my Taser at the male as he was continuing to advance on me; however, I saw the Taser probes hit the metal chair and bounce off. I continued backing away and was now positioned on the v?rt-Jad-waymn - .. a knife in his hand (unknown hand) while saying you are going to have to kill me. The male got to within three to four feet of me so I hit the male one time with my shield to get him away from me; I was fearful 'the male may stab me with the knife he had. After I hit the male with the shield the male came at me again. I struck the male with my right hand which still had the Taser in in it; while doing so, the Taser fell to the ground. After striking the male, he continued toward me so I struck the male with my shield again?the time period from striking the male with the shield, then with my hand/Taser, and the shield again seemed instantaneously. I began to loop around toward Deputy Sanchez who was positioned to my right. The male, who was on the roadway, and adjacent to the vehicles parked in front of the residence, picked up my Taser. The male activated the stun gun portion of the Taser and let the Taser cycle. Once the Taser cycled, the male threw the Taser across the street from the residence into a grassy area. After the male threw the Taser he walked toward the front porch of the residence and stood at the porch. Deputy Sanchez and I began to walk toward the vehicles parked in front of the residence'to make sure we could see the male. At this point I remember I had my duty weapon drawn and pointed toward the male. We began exchanging words with the male, who still had the knife in his hand, but I don?t remember exactly what was said. The male began walking toward my patrol vehicle, which was running, and opened the front passenger side door. I told Deputy Sanchez the male was walking toward my patrol vehicle. Deputy Sanchez and I walked toward my patrol vehicle. Deputy Sanchez went toward the driver side of my patrol vehicle to shut off the patrol vehicle and get my keys. At the same time, while Deputy Sanchez was doing so, I was at the rear of my patrol vehicle watching the male with my duty weapon pointed at the male. The male who had been leaning into my patrol vehicle suddenly stood up and slammed the front passenger side door closed. Deputy Sanchez, who had grabbed the keys to my patrol vehicle, returned to where I was standing and gave me keys. While Deputy Sanchez and I were standing toward the rear of my patrol vehicle, tg male ai I told you, 3gp have to kill me, while still holding the knife in his hand (unknown hand). 40? - 33- 1? Subscribed and sworn to before me, Investigator J. Mahon #605, a peace of?cer of the State of Texas and pursuant to Sec. 7 602.002 Tex 3 Go emment Code on this the 28 A.D. r52 ?1 ca or @oacer 311?? ?l . DATE: .1 clay of BC 070938 Case 5:15-cv-00810-RP Document 46-6 Filed 06/28/16 Page 6 of 7 - The male started advancing toward Deputy Sanchez and me?I would say the male was about six to eight um" . . feet away from us. Knowing the situation had kept escalating I believe it was the males? intent to kill me, I ?red one round at the male. The male dropped the knife and fell to the ground (sidewalk area). I approached the male and saw Deputy Estrada (this was the ?rst time I observed him to be present); I told Deputy Estrada to handcuff the male and I kicked the knife away from the male?The knife went under the truck on the driveway. I do not know how many times Deputy Sanchez fired his weapon, but I did hear Deputy Sanchez ?re his weapon. Also, at some point I place Vny shield against the rear of my patrol vehicle, but I do not remember exactly when I did thi I STATE THAT .I HAVE READ THIS ENTIRE STATEMENT AND I IT IS TRUE AND CORRECT. I HAVE NOT BEEN PROMISED ANYTHING NOR THREATENED BY ANYONE FOR THIS STATEMENT. I HAVE GIVEN IT TO INVESTIGATOR J. MAHON #605 OF MY OWN FREE WILL. I WILL APPEAR IN COURT IF NECESSARY TO TESTIFY AND I WILL NOTIFY INVESTIGATOR J. MAHON #605 OF ANY CHANGE IN MY ADDRESS 0R PHONE. I ALSO UNDERSTAND THAT IF I KNOWINGLY MADE ANY FALSE STATEMENTS, CHARGES MAY BE FILED AGAINST ME FOR PERJURY. nun' I .. . mull "ha?UH. SIGNATURE @oaca DATEO {page a Subscribed and swcuadi to before me, Investigator J. #605, a peace of?cer of the State of Texas and pursuant to Sec. Au (9-0 '20 - .. - Ll 602.002 Texas Government Code on this the 8 day of 9 BC 070939 Case 5:15-cv-00810-RP Document 46-6 Filed 06/28/16 Page 7 of 7 Criminal Invastigations Division Follow-up Supplementary Report (Continuation) Assignment No: 15-03498 1 Deputy Vasquez Furnished Statement: On 08/28/15, Deputy Vasquez, accompanied by his attorney Bob Leonard. furnished a statement in regards to this offense. Thereafter, Deputy Vasquez departed the BCSO and was transported to the South Substation by Inv. T. Perez. vestigatftfe Note: I asked Deputy Vasquez about as recollection of radio and how many shots Deputy Sanchez fared during his offense, but his memory was not clear precise. Video Observed! After obtaining Deputy Vasquez's statement and he had departed the BCSO. I viewed a Video footage of the offense (later identified as being filmed by Michael Thomas). The video footage clearly illustrates the Decedent apparently standing still with his hands in the air just prior to being shot by Deputy Sanchez and Deputy Vasquez. Investiga til/6' Note: In his statement, Deputy Vasquez did not mention the Decadent had stopped and raised his nan ds. Page 6 of6 BC 070869