STATE OF CALIFORNIA . PAGE 4 OF. 6 . DATE OF INCIDENT TIME NCIC NUMBER OFFICER l.D. NUMBER 07/12/2014 2107 3709 458 1404227 FACTS: NOTIFICATION: I was dispatched to a call of an injury traffic collision, with an ambulance responding, at 2107 hours. I responded from 800 National City and arrived on scene at 2108 hours. All times, speeds and measurements in this investigation are approximate. Measurements were taken by rollmeter, except where otherwise indicated. SCENE: At the scene of this collision, Ave is a northbound/southbound city street consisting of two lanes. The roadway is straight and level. The surface is composed primarily of asphalt. Ave is intersected by E. 09th Street. E. 09th Street is an eastbound/westbound city street consisting of two lanes. The roadway is straight and level. The surface is composed primarily of asphalt. The intersection is controlled by eastbound/westbound stop signs. The lighting conditions at the time of the collision were one street lamp on the south west side of the intersection. Visibility was poor because of the dark street. PARTIES: PARTY. (Malandris) was located 900 Avenue at about 2107 hours. Malandris was identified by a valid California driver's license. Malandris was placed as a party by the following items: Malandris is an ICE agent that is currently attached to NCPD. Malandris was driving his unmarked government issued vehicle at the time of the collision. The vehicle is equipped with emergency lights and sirens. -Driver?s statement -Witness statements PARTY #2_(Mendoza) Mendoza was located sitting on the east curb of 900 Avenue. Mendoza was later identified by Officer Peck after he was transported to Mercy Hospital by AMR 4t 7 Refer to Of?cer Peck?s report fer details. CHEV IMPALA Driver 1's vehicle was located on its wheels as shown on the diagram. Vehicle damage is passenger side of the windshield was broken along with scratches to the hood. Refer to attached with photos. PHYSICAL EVIDENCE: The physical evidence on the scene was the damage to V-1. There was also a lack in physical evidence in the roadway. There were no visible skid marks or marks of any kind in the roadway. 4O STATEMENTS: 41 42 PARTY (Malandris) P-1 stated that he was responding to cover a radio call PREPARED BY ID. NUMBER DATE . DATE . NUTTALL 458 07/12/2014 1 29g 073.121 ?n STATE OF CALIFORNIA 0F 6 . INCIDENT TIME Ncuc NUMBER OFFICER ID. 07/12/2014 2107 . 3709 458 1404227 The radio call was concernvingva?maIe?holding a knife trying to force his way into the residence. P??i was traveling west on E. 08th Street when he heard the call. When P-1 arrived at the intersection of E. 08th Street and Avenue he made a southbound turn.? P-1 was traveling south on Avenue approaching the intersection of E. 09th Street at about 2.5-to 20 miles per hour. P-1 had not activated his emergency lights or siren. He was only driving in the direction of the radio call in case the officers on scene needed When reached the south side of the intersectioniof Avenue and E. 09th Street, he saw two males walking in or near the western portion of the intersection. P-1 was not exactly sure if the males were in the inside of the IcrossWalk. When P-1 saw the males, he immediately slammed on his brakes and attempted to avoid hitting the males by turning to the east; P-1 noticed push a male, later identified as Morales, towards the east. That is when P-1 collided with P-2. P-2 landed on the passenger side windshield of V-t. immediately stopped, exited the vehicle, and began rendering aid. PARTY #5 2 (Mendoza) P-2 later told Of?cer Peck that he was standing on the south eastern corner of the intersection of Avenue and E. 09th Street. saw a vehicle coming south from E.09th Street traveling at about 20 to 40 miles per hour. When P-2 saw the headlights of V-1, he still decided to walk into the cross walk and attempt to cross the street. For complete details refer to Officer Peck's report. WITNESS 1 (Alberto Morales) was contacted in the 900 block of Avenue at about 2110 hours. Morales stated that he and P-2 were standing on the east curb of the intersection of E. 09th Street and Avenue. Morales and P-2 stopped to check for vehicles and according to Morales there were no vehicles approaching from either side of the street. Morales and P-2 began to walk west bound in the intersection. When Morales and P-2 reached the western portion of the southbound lanes of Avenue Morales saw headlights appear. Morales was then pushed by P-2 and Morales saw P-2?s body get lifted onto the vehicle and up in the air. P-2 landed on the roadway and the vehicle came to a stop. Morales noticed that a police officer exited the driver?s seat and immediately began rendering aid to Morales said he did not see the vehicle until the last second nor did he hear any type of engine. Morales claimed that the vehicle was traveling at about 50 miles per hour. He was unable to explain why he thought the vehicle was traveling at those speeds. WITNESS ?Estella Sancheg was contacted in the 900 block of Avenue at about 2110 hours. Sanchez related that she did not see the or hear the engine. She said she heard the sound of a vehicle hitting the brakes, looked at the cross walk and saw P-2's body in the air. Sanchez did not know where P-2 came from. Sanchez was in her yard at the time of the collision AND CONCLUSIONS: PREPARED BY 1.0. NUMBER DATE NAME DATE NUTTALL ,2 458 07/ 1 2/201 4 STATE OF CALIFORNIA PAGE 6 OF 6 DATE OF INCIDENT TIME NCIC NUMBER OFFICER ID. NUMBER 07/12/2014 2107 3709 458 1404227 1 SUMMARY: P-1 was traveling west on E. 08th Street approaching Avenue. P-1 heard a 2 radio call concerning a male with a knife attempting to force his way inside of a residence. 3 P-1 decided to turn south onto Avenue and drive towards the radio call in case officers 4 needed assistance. did not activate his emergency lights and siren and began to drive 5 south on Avenue at speeds between 20 to 40 miles per hour. 6 7 P-2 and Morales were standing on the south east curb of the intersection of E. 09th Street 8 and Avenue. P-2 looked north and saw traveling south. P-2 thought he and Morales 9 had enough time to make it across the street. P-2 and Morales stepped off the curb and 10 into the cross walk. When P-2 and Morales reached the western portion of the south 11 bound lanes of Avenue, V-1 failed to stop and collided with P-2. P-2 was lifted onto the 12 vehicle where his head and shoulder struck the windshield. P-2 fell to the ground and P-1 13 stopped the vehicle. P-1 exited the vehicle and began rendering aid. 14 15 P-2 was transported to Mercy hospital by AMR 417. P?2?s injures included a fracture to his 16 lower right leg and lacerations and abrasions to his lip and chin. For complete details 17 concerning P-2?s injuries refer to Officer Peck?s report. 18 19 AREA OF IMPACT: The area of impact occurred within the cross walk and was 17.2 feet 20 west of the west curb line of Avenue and 7.10 feet south of the curb line of E. 09th Street. 21 . 22 CAUSE: The cause of the collision was P-1 violating section 21950(a) CVC, ?The driver of 23 a vehicle shall yield the right-of?way to a pedestrian crossing the roadway within any 24 marked crosswalk or within any unmarked crosswalk at an Associated 25 factors were the poor lighting conditions in the intersection and the fact that P-2 left the 26 curb after he admitted to seeing V-1 approaching from about a half a block away. 27 28 RECOMMENDATIONS: 29 30 None 31 32 PREPARED BY ID. NUMBER DATE ?2 ?3 NUTTALL 458 07/12/2014 STATE OF CALIFORNIA SKETCH DIAGRAM CHP 555 Page 4(Rev. 8-97FATE OF INCIDENT TIME NCIC NUMBER OFFICER ID. NUMBER 07-12-14 2107 3709 . 458 1404227 ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE 9th SWEET 5 d; >i 1:3 PREPARED BY ID. NUMBER DATE .A DATE Nuttall 458 07-15-14 29'? x0730/ 0.) On 000000 CDVO) 39 40 41 42 STATE OF CALIFORNIA PAGE 8 1 OF 82 DATE OF INCIDENT TIME NCIC NUMBER OFFICER ID. NUMBER 07/12/2014 2107 3709 474 1404227 On 07-12-14 at about 2130 hours, I responded to the area of E09th Street and Avenue in order to assist other officers who were investigating a traffic collision. I arrived on scene and was assigned to respond to Scripps-Mercy Hospital to interview All Mendoza who had been transported from the scene by medics. I arrived at Scripps-Mercy Hospital and was directed to the trauma center by hospital staff. His attending physicians were Dr. Peck and Dr. Olson. Mendoza suffered from abrasions to the right knee, right elbow, hands and nose. His lower right leg was fractured. He had lacerations to his lower lip and chin that both required 3-4 stitches. Mendoza?s clothing was on the floor beside him which included black jean pants and undenNear. Mendoza told me that he had been wearing a dark green shirt and it was removed from him by medics at the scene of the collision. I took pictures of Mendoza and his clothing. There was also a glass pipe next to his clothing which I recognized as one that is commonly used to smoke marijuana. There was residue and black marks inside of the ?bowl? of the pipe indicating that it had been used. I collected the glass marijuana pipe and later impounded it into evidence under tag l0094227. asked Mendoza if he remembered what happened and if he wanted to give me a statement. He laughed and replied, ?Sure, I didn?t black out or anything. I remember everything.? I asked Mendoza if he knew who had collided with him. He smiled at me and said, ?Oh yeah. It was an undercover cop.? See Mendoza?s statement below. Mendoza agreed to a blood draw. Jedidiah Willer from Specimen Specialists arrived and collected vials of blood from Mendoza at 2304 hours. I later impounded the vials of blood into evidence under tag l0094225. Mendoza agreed to sign a medical release form which later impounded into evidence under tag l0094226. I later copied the photos from my investigation onto a CDR and impounded it into evidence under tag 0094228. STATEMENTS: Party 2 (All Alejandro Mendoza): Mendoza was walking with his friend, Alberto Morales. They were coming from the area of 24th Street and Avenue, National City. There was no one else walking with them. PREPARED BY l.D. NUMBER DATE B. PECK 474 07/12/2014 . DATE Egg? 07.50 STATE OF CALIFORNIA PAGE 8 2 OF 82 DATE OF INCIDENT TIME NUMBER OFFICER ID. NUMBER 07/12/2014 2107 3709 474 1404227 1 Mendoza and Morales arrived at the intersection of E. 09th Street and Avenue. They were 2 on the southeast corner of the intersection and intended to cross Avenue westbound. 3 They were going to Morales house in the 200 block of E. 09th Street. 4 5 Mendoza looked both ways, to the north and south, for any oncoming traffic before 6 stepping off of the curb and into the intersection. Mendoza saw a dark colored vehicle 7 driving southbound on Avenue. The vehicle was south of E. 08th Street. 8 9 Mendoza first described the vehicle as having its headlights off and said that it was driving 10 over 40 mph. After I asked him why he would decide to cross the street when there was a 11 vehicle with its headlights off driving toward him at over 40 from less than a block 12 away he changed his story and said that he was unsure if the vehicle?s headlights were on 13 and then estimated the vehicle?s speed at about 20 mph. 14 15 Mendoza assumed that he would have enough time to cross the intersection and began 16 crossing Avenue, westbound, in the crosswalk. Morales was walking just a few feet in 17 front of him. Mendoza looked to his right and saw that the same vehicle was still driving 18 toward him and was now only a few feet away. He realized that it was going to collide with 19 him. He yelled ?Albert!? and had just enough time to push Morales forward out of the way 20 before the vehicle collided with him. Mendoza heard braking noises coming from the 21 vehicle just prior to the collision. 22 23 When the vehicle collided with Mendoza, Mendoza rolled up onto the hood of the vehicle 24 and then rolled off of the vehicle onto the ground. Mendoza was laying on the ground and 25 the driver of the vehicle exited and helped Mendoza get up. Medics arrived on scene 26 shortly after. 27 - 28 Mendoza admitted that the glass pipe that found on the ground near his clothing was his. 29 Mendoza smokes marijuana almost every day and the last time he smoked it was earlier 30 that day at about 1400 hours. 31 32 END OF REPORT 33 Officer Peck #474 PREPARED BY ID. NUMBER DATE NAME DATE B. PECK 474 07/12/2014