I OFFICE OF THE SHERIFF Contra Costa County DAVID B. LIVINGSTON Sheriff-Coroner Internal Affairs 651 Pine street. to1 Floor Ml?hael V- Casten Martinez. California 9-1553 Undersheriff r925] 335-1531 Date: August 4, 2015 To: DAVID O. LIVINGSTON, Sheriff ?v'ia: Michael Gaston, Undersheriff From: Brian Vanderlind, Lieutenant, Internal Affairs By: David Hall, Sergeant, Internal Affairs Subject: Executive Summary Administrative Inquiry - LA. 2015-063 CONFIDENTIAL I sue The following is an account of this of?cer involved shooting based upon preliminary information as provided by the involved parties. On August 3. 2015 Sergeant Wedemever (assigned to the District Attorney?s Of?ce) and District Attorney Inspector Zaragosa were at the Hilton Hegenberger Road in the city of Oakland conducting surveillance of Timothy Stout The investigators were looking for Stout as being a potential witnessl'victim to a PC . nves Iga ors Wedemever and Zaragosa also possessed further information that Stout had outstanding warrants out of San Ramon PD. for multiple counts of grand theft. At approximately 2226 hours Inspector Zaragosa recognized Stout as he was walking toward a vehicle in the parking lot. Sergeant Wedemever called out to Stout to con?rm his identi?cation. Upon hearing Sergeant Wedemeyer call out to him Stout ran awayr with Sergeant Wedemever and Inspector Zaragosa giving chase. Sergeant Wedemeyer and Inspector Zaragosa initially caught up to Stout who fought with them, violently resisting their efforts to take him into custody. Stout eventually broke free from the grasp of the Investigators and he was again able to lead them on a foot chase for about another 30 vards. Sergeant Wedemever and Inspector Zaragosa were able to catch up to Stout again and take him to the ground. Stout continued to ?ght the investigators and they were unable to get him into handcuffs. During the struggle. Stout attempted to retrieve a small semiuautomatic pistol with a 30 round magazine located in a holster on his ankle. Stout attempted to unholster the weapon but it was caught on his pant leg. COMMITMENT LEADERSHIP . Sergeant Wedemeyer saw Stout reaching for the gun, and yelled. ?Gunl Gun!? to alert Inspector Zaragosa. Sergeant Wedemeyer drew his duty weapon and ?red two rounds from a retention position, striking Stout in the calf and in the upper leg. Sergeant Wedemeyer and Inspector Zaragosa immediately provided first aid to Stout by placing their clothing over Stout's wounds and applying pressure until medics arrived on scene. No Office of the Sheriff employees were injured as a result of this incident. Sergeant Wedemeyer and Inspector Zaragosa were sequestered at Oakland PD. Oakland PD. Investigators processed Sergeant Wedemeyer's duty weapon and the crime scene. At the time of this memo Mr. Stout's condition is unknown. . . 1 The following Contra Costa County personnel responded pursuant to the Protocol: Of?ce of the Sheriff Lieutenant K. Butterfield Sergeant M. Klawuhn Lieutenant B. Vanderlind Sergeant D. Hall Sergeant l3. Alldritt Sergeant S. Ellison Of?ce of the District Attorney Lieutenant 3. Pete Senior Inspector J. Morris Senior Inspector D. Holcolm Senior Inspector D. Medina Emgloyee Regresentation Steven Set: from the Law Offices of Rains, Lucia 8: Stem Shawn Weloh from Contra Costa County Deputy Sheriff?s Association l3: 5 5 - Of?ce of the Sheriff 15?1312 Of?ce of the District Attorney Internal Affairs 2015-053 1 RAGE CDMMITM Eh?? LEADF. 1' EA MWUH Master'enrd Ii Pege 1 of3 Flret Name [TiMd?r Fw- Last Name - Middle Name IERIC Salutation Nel Spec-rind tiara of Birth Birttl Country - Mt Specified [Male Suf?x Grand er eirtn City Lien Ethnicity jun-tire et at Marttai Status Jamie? Hetght [Em?w Bunk {reiterzma 13:43. Detet'l'tn'ie Beet-ting Statue Imam SSH 1tis iba lmrrerzizn 3 lNet irt Weigh! Release Date 1: uetedy Status Itleiitat-Jr Reference Idei'it?qrr Number Ciel Number I Fei Number AFIS Numbar [moment State Number Humbert Lanai Number I PFN Numbarl Either Number I Reference- Fteferenue Number lir'l F11 3-231 Reference Type Agency 020 CONTRA (303?. CO SHERTFF D20 CONTRA COSTA CG SHERIFF COSTA CO SHERIFF D20 CONTRA COSTA CO SHERIFF Case Number Becket Number Case Nu nthur 13-23341 Deeltet Number 13-2334 I 'h I. in in} -.II Lie?: Arrest 1 Arrest Hum um- I Arrest Agency Issued Bar Date at tee ue Hattie Velderl Reaeen Charge Date": hlunk lcetrme Were :30 SHERIFF Type of Agency Arrest arrest -- -- -- - Delemme 13.15 Location el Arrest ITEM WARD ST. MARTINEE Hultl Agency Arresting - - Transport - - .. 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I15$lbs 1 rl'ielon Aid I?ot Specified Speech Accent Ema?- Shoe Size I0 Facility Path Room Number Her] Number Status Not Heelgnecl .-, Address Type Street that State zip code Country From Date To Date_? Home 51?! 31?2016 Mastercard aboutblank Page 3 of 3 ?niEinllil F'n-Iu-- Phono Typo- Fhono Number Not Spooifiad Subjocr. AHA ILoat Name First Name Hiddln Name Suffix I Suituocl ISMT Calf-DI I Subject Employment Doou a?on Contact Harm Start Date End Date Employmont Statuo UNA Sample Typo Dotommo of Gollaction Collector: or Location 1illalilii 5mm on file 1mm2o13 moo {m FILE DELI SEARCH TDDL lassirmatlnn El lull IBooking Last Homo First Homo Data or Birth 5n: Location Custody Statuo Line-moi Canon in:- Sentence Calculation Start Dato- I Projected Roloaoo Data I Ordered Time I Grad?! Tints Suntan! I credit Time Rouorsu Credit Tim I Good Tim: I Flavor? Good Tirno I Work Time I Hanna Work Tim: I Susponded Tim-o I Custom Flu: Time I Custom Minna Time I Property History Canto Data Container Typo Content Typo Storage- Looatlon Storage Unit Facility IWTWENB 16:44 Sealed Bag Patmnal Property 19116121113 15:44 Cloll'iing Bag Clothing Ill-3:31 Soalod Bag Parsonol Property WDWECI BIN MDF 1111132013 IQL49 Clothing Bog Clolhing RACK MDF 1w18i2m 3 IELDE Sealed Bag Foroonol Property 1w1ar2o13 13:03 Ghlhing Bag Clothing 52? SEED 16 OFFICE OF THE SHERIFF Contra Costa County DAVID O. LIVINGSTON Sheriff-Coroner Internal Affairs 551 Pine Street. Floor Martinez. California 94553 [925} 335-1531 Michael V. Casten Undersherift Date: May 18, 2016 To: DAVID C). LIVINGSTON, Sheriff Via: Michael V. Casten. Undersheriff From: Brian Vanderlind, Lieutenant, Internal Affairs By: David Hall, Sergeant, Internal Affairs Subject: Administrative Inquiry - LA. 2015-063 CONFIDENTIAL .. August 3, 2015 Sergeant Wedemeyer (assigned to the District Attorney?s Of?ce) and District Attorney Senior Inspector Zaragosa (Maddox) were at the Hilton Hotel located at 1 Hegenberger Road in the city of Oakland conducting surveillance to locate Timothy Stout The investigators were looking for Stout to serve him with a subpoena as a witnessivlctim of a PC: 245. Stout also had outstanding Warrants-for his arrest for 'r'nuitiple counts of grand theft and weapons possession. At approximately 2226 hours, Sergeant Wedemeyer recognized Stout as he walked through the hotel parking lot. Sergeant Wedemeyer called out to Stout to con?rm his identi?cation. Upon hearing Sergeant Wedemeyer call out to him, Stout ran away with Sergeant Wedemeyer and Inspector Zaragosa giving chase. Sergeant Wedemeyer and Inspector Zaragosa initially caught up to Stout who fought with them, violently resisting their efforts to take him into custody. Stout eventually broke free from the grasp of the Investigators and he was again able to lead them on a foot chase for about another 30 yards. Sergeant Wedemeyer and Inspector Zaragosa were able to catch up to Stout again and take him to the ground. Stout continued to ?ght the investigators and they were unable to get him into handcuffs. During the struggleI Stout attempted to retrieve a small semi-automatic pistol with a extended magazine located in a holster on his ankle. Stout attempted to un?holster the weapon but it was caught on his pant leg. Sergeant Wedemeyer saw Stout reaching for the gun, and yelled. ?Gun! Gun!" to alert Inspector Zaragosa. Sergeant Wedemeyer drew his duty weapon and ?red two rounds from a retention position, striking Stout in his leg. CDURAGE i THAMWUHH Sergeant Wedemeyer and Inspector Zaragosa immediately provided first aid to Stout by placing their clothing over Stout?s wounds and applying pressure until medics arrived on scene. No Office of the Sheriff employees were injured as a result of this incident. Sergeant Wedemeyer and Inspector Zaragosa were sequestered at Oakland P.D. Steven Bat: from the law ?rm of Rains Lucia 8; Stem provided legal representation for Sergeant Wedemeyer. Oakland PD. Investigators processed Sergeant Wedemeyer's duty weapon and the crime scene. Sus eot Information Other involved Persons Timothi Eric Stout .. .. . . - 3. INVESTIGATION The following Contra Costa County personnel responded pursuant to the Protocol: Of?ce of the Sheriff Lieutenant K. Butter?eld Sergeant Ivl. Klawuhn Lieutenant E. Vanderlind Sergeant D. Hall Sergeant B. Altdn'tt Sergeant S. Ellison Of?ce of the District Attorney DDA Ban-y Grove Lieutenant S. Pate Senior Inspector J. Morris Senior Inspector D. Holmgren Senior Inspector D. Holcombe Oakland Police Department Sergeant Caesar Sasa (lead investigator) Sergeant Eric Ivloiina Lieutenant Roland Emglogee Regresentation Steven Set: from the Law Offices of Rains. Lucia Stern Shawn Welch from Contra Costa County Deputy Sheriff?s Association Investigative Assignments HONOR COUHAGE COMMITMENT LEADERSHIP Because this incident occurred in the city of Oakland, the investigation of this DIS was done by personnel from Oakland PD in accordance with their policies and procedures. As a result1 reports and documentation normally associated with these types of investigations were not available for review. Investigators from Oakland PD conducted interviews of SergeantWedemeyer and Inspector Zaragosa. Deputy District Attorney Barry Grove and Senior Inspector Morris of the Contra Costa County Office of the District Attorney were also present during the interviews. The investigation revealed no facts in direct con?ict with those outlined in the initial background summary. Additional andfor clarifying information obtained during the criminal investigation includes the following: Sergeant Wedemeyer said several weeks ago he was approached by Inspector Zaragosa who requested his assistance in locating IvIr. Stout. Mr. Stout was wanted as the victimr'witness of an attempted homicide that occurred in the city of Pittsburgh. Additionally. Mr. Stout had three outstanding warrants for his arrest issued by Oakland and San Ramon Police Departments. Sergeant Wederneyer was aware there had been several unsuccessful attempts made by investigators from the District Attorney's Of?ce to serve Mr. Stout with a summons to appear in court. Approximately two weeks prior to the incident. Se ean a con?dential informant that Mr. Stout was stayinngith his girlfriend At that time. Sergean emeyer an nspector aragosa conducted surveillance of residence to see if Mr. Stout was there or she sidence. They did not locate lvir. Stout, but Sergeant Wedemeyer was able to con?rmmr. Stout had been seen at the address. ay August 3. 2015, Sergeant We ceived a text message? stating I'vlr. Stout had been at thtwodress the night before. Sergeant Wedemeyer called Inspector Zaragosa and advised her information. Prior to departing for Oakland. Inspector Zaragosa provided Sergeant Wedemeyer with Mr. Stout?s criminal history. or ?rap sheet." In reference to Mr. Stout's criminal history Sergeant Wederneyer said. ?There didn't appear to be anything violent in [Mr. Stout?s criminal history] that would have sparked us to believe this was going to evolve into anything other than a traditional warrant arrest, ifthere is such a thing.? Sergeant Wedemeyer and Inspector Zaragosa conducted surveillance of Mr. Stout's residence from approximately noon until 1900 hours. At a roximatel 1900 hours. Sergeant Wedemeyer observed?drive up to the residence in a Mr. Stout was not in the ve the same time, Sergeant Wedemeyer received a text message from an informant statingmas at the residence to retrieve clothes for Mr. Stout. Sergeant Wedemeyer said he and Inspector Zaragosa observed the residence from their vehicle for approximately one 9 that time, Sergeant Wedemeyer exited his vehicle and walked around the outside of a rn eant Wedemever could see through a window into the residence from the ree an saw atherlng men's clothing from a closet and putting HUNG-H COURAGE CGMMITMEN l' i them into a bag. Shortly afterward, Sergeant Wedemeyer said -emerged from the residence carrying the bag of clothes and walking a dog on a leash. _got into the and drove southbound on Interstate 880 before she exited on egen erger Road. ntered the Hilton Hotel parking lot at 1 Hegenberger Read through a secured gate marine a per mg lot attendant. Sergeant Wedemeyer said he identified himself as law enforcement to the gate attendant and the attendant allowed him and Inspector Zaragosa in the parking lot. _parked her vehicle in a temporary parking spot near the entrance of the hotel. Sergeant Weds parked their vehicle in a handicap parking stali abo ces away from where parked her SUV. Sergeant Wedemeyer did not believe as ever aware she was sing owed. Sergeant Wedemeyer said he could not tell if had exited her vehicle because the lights were still on. Because she parked in a temporary parking spot. Sergeant Wedemeyer figured ither planned to go inside and deliver the clothes to Mr. Stout, or lvlr. Stout would meet her in the parking lot to retrieve the clot Wedemeyer said he and Inspector Zaragosa discussed whether or not they should follow into the hotel and try locate lvlr. Stout inside his room, or if they would wait to see if lvlr. Stout came out to the parking lot. Sergeant Wedemeyer said they decided to wait in the parking lot. They exited their vehicle and walked to the far east side of the lot. Sergeant Wedemeyer was dressed in a black t?shirt and khaki pants with his inspector badge and ?rearm af?xed to his belt on the right side of his waist. Sergeant Wedemeyer also wore a black baseball cap with the Contra Costa County Of?ce of the Sheriff star embroidered on it in gold. Sergeant Wedemeyer said he and Inspector Zaragosa were standing by several transport vans in the parking lot when they spotted lvlr. Stout walking through the parking lot, right past where they stood. Sergeant Wedemeyer said Mr. Stout was manipulating his cell phone and paid no attention to them as he walked by. Sergeant Wedemeyer said as he observed lvlr. Stout, he realized lvlr. Stout was considerably larger in stature (more muscular) than the height and weight listed on his driver?s license. Sergeant Wedemeyer followed behind lvlr. Stout and called out. ?Timothy," as he got to within about five feet of Mr. Stout. When Mr. Stout turned around and looked at him, Sergeant Wedemeyer said, ?Sheriffs Of?ce, stop!" lvlr. Stout turned and ran away from Sergeant Wedemeyer. Sergeant Wedemeyer retrieved a flashlight from his bait and he ran after lvlr. Stout. The entire time he chased after Mr. Stout, Sergeant Wedemeyer yelled, "Sheriffs Office, Police, Stop!" Sergeant Wedemeyer said he quickly caught up to Mr. Stout and he struck Mr. Stout with his flashlight approximately four times in his rear ribcage, kidney area, and lower legs. Sergeant Wedemeyer again identi?ed himself as the police and ordered lvlr. Stout to stop. Sergeant Wedemeyer said Mr. Stout turned toward him and took a ?ghting posture. Sergeant Wedemeyer dropped his flashlight and grabbed l?vir. Stout's shirt as Mr. Stout walked backwards away from him. Sergeant Wedemeyer said Mr. Stout "wiggled" out his shirt and continued to run away from him. Sergeant Wedemeyer said after a brief period of time. he again caught up to Mr. Stout and Inspector Zaragosa also caught up to them. Sergeant Wedemeyer said at that point, he and Inspector Zaragosa HUMOR CDURAGE LEADERSHIP got into a physical confrontation with Mr. Stout. Sergeant Wedemeyer said he and Inspector Zaragosa continually identified themselves as police officers and gave Mr. Stout commands to ?stop resisting" and r?get on the ground." Sergeant Wedemeyer said Mr. Stout refused to comply and Mr. Stout stated. ?You're not the cops." Sergeant Wedemeyer said he and Inspector Zaragosa continued to tail Mr. Stout they were poiice of?cers and to stop resisting. Sergeant Wedemeyer stated. "[lvtr. Stout] was no longer trying to evade at that point. it was a physical assault on each other." Mr. Stout ran away again but lost his footing and fell over. Sergeant Wedemeyer got on top of Mr. Stout and attempted to place his right arm in an arm?bar control hold. Inspector Zaragosa crouched over Sergeant Wedemeyer?s left side and attempted to assist in holding Mr. Stout down on the ground. Sergeant Wedemeyer continued to order Mr. Stout to stop resisting. Mr. Stout was able to get into a seated position with his left leg undemeath him. Sergeant Wedemeyer said lvlr. Stout pulled his right leg up towards his body and grabbed at his right ankle with both hands. Sergeant Wedemeyer said Mr. Stout pulled his pant leg up and retrieved a firearm from his ankle. Sergeant Wedemeyer recailed seeing the entire handgun in Mr. Stouts hands. Sergeant Wedemeyer yelled, ?gun," drew his service weapon and ?red two shots downward at tvlr. Stout from a retention position. Sergeant Wedomeyer said his firearm was pointer-2 at the lower portion of Mr. Stout?s body but he did not know where the bullets Mr. Stout. Sergeant Wedemeyer said. shot [Mn Stout] because I was afraid if [Mr. Stout] continued to gain control of that gun he was going to use it against me or my partner. Or, if he would have discharged it, immediately to our right was the gate that was occupied by a same parking lady that buzzed us [into the parking lot Immediately after being shot. Mr. Stout dropped the gun and Sergeant Wedemeyer was able to handcuff him. Sergeant Wedemeyer said Inspector Zaragosa asked the parking lot attendant to call 911. Sergeant Wedemeyer said Inspector Zaragosa ran off, presumably to summon more help. Sergeant Wedemeyer said Mr. Stout continued to ?actively resist" even though he was injured and handcuffed. Sergeant Wedemeyer said he had a hard time keeping Mr. Stout on the ground. Inspector Zaragosa returned to Sergeant Wedemeyer's location and gave him an unknown article of clothing which he used to apply direct pressure to Mr. Stout's wounds. Sergeant Wedemeyer was still not sure where lvlr. Stout was injured but he observed a large amount of blood coming from the inside of Stout?s right thigh. Inspector Zaragosa stated she and Sergeant Wedemeyer were in Oakland looking for Mr. Stout in order to arrest him on three outstanding warrants and serve him with a court subpoena. She explained the court subpoena was for Mr. Stout to testify in an attempted murder case in which he was the victim. Inspector Zaragosa said Mr. Stout?s warrants were out of Oakland and San Ramon and she knew at least one of the warrants was for a felony. Inspector Zaragosa said she had been locki she had recentl developed information Mr. Stout was staying 3W the city of? Inspector Zaragosa said she and Sergeant Wedemeyer surveilled the-address for much ofthe day into the evening of August 3, 2015. inspector Zaragosa said she and Sergeant Wedemeyer received information Mr. Stout was at the Hilton Hotel. Inspector Zaragosa and Sergeant Wedemeyer responded to the Hilton, parked their vehicie and walked the parking lot on foot. Inspector Zaragosa said she and Sergeant Wedemeyer were standing next to two small buses when Sergeant Wedemeyer HONOR CDUHAGE recognized Mr. Stout as he walked through the parking tot. Based on his appearance at the time, Inspector Zaragosa said she had no indication Mr. Stout was armed. Inspector Zaragosa said Sergeant Wedemeyer called out to Mr. Stout and Mr. Stout briefly turned before running away. Inspector Zaragosa said she and Sergeant Wedemeyer chased IvIr. Stout through the parking lot. Inspector Zaragosa said she and Sergeant Wedemeyer gave Ivlr. Stout nUmerous commands to stop resisting. and to get on the ground. Inspector Zaragosa and Sergeant Wedemeyer caught up with Mr. Stout in a grassy area and Mr. Stout continued to fight their efforts to place him in handcuffs. Inspector Zaragosa said Mr. Stout kept yelling, ?You guys aren't cops." Inspector Zaragosa said Sergeant Wedemeyer dropped his flashlight which she picked up and used to strike Ivlr. Stout on his legs. Inspector Zaragosa said she and Sergeant Wedemeyer attempted to grab Mr. Stout?s t?shirt, but the shirt ripped from his body allowing him to escape their grasp and continue to mn away from them. Inspector Zaragosa said at one point, Mr. Stout lost his footing and fell in a grassy area in the parking lot. When Mr. Stout stumbled, it allowed Inspector Zaragosa and Sergeant Wedemeyer an opportunity order to handcuff him. Inspector Zaragosa said she and Sergeant Wedemeyer continued to give Mr. Stout commands to stop resisting and to get on the ground. Inspector Zaragosa said Mr. Stout continued to violently resist their efforts to gain control over him. Inspector Zaragosa said Mr. Stout landed in a seated position on the grass with his leg stretched out in front of his body. Inspector Zaragosa saw Mr. Stout lean his body forward, pull up his right pant leg and reach for a gun on his ankle. Inspector Zaragosa said the gun was a black semiautomatic and had an extended magazine that protruded past the magazine well of the gun. Inspector Zaragosa was uncertain if Mr. Stout actually had the gun in his hands. lnspectorZaragosa heard Sergeant Wedemeyer yell, ?Gun, gun!? and she heard two gunshots. Inspector Zaragosa said she believed Mr. Stout reached for the gun because he intended to shoot her and Sergeant Wedemeyer. After Mr. Stout was shot, Inspector Zaragosa immediately told a female parking lot attendant to contact the police and an ambulance. Inspector Zaragosa gave Sergeant Wedemeyer her sweatshirt so he could apply pressure to Ivlr. Stout's wounds. Inspector Zaragosa said she then retrieved her cell phone from her vehicle so she could also call for help. tated he was leaving the hotel restaurant when he heard someone yell ?stop.? saw Mr. Stout running eastbound through th rking lot toward Hegenberger ergeant Wedemeyer running behind Mr. Stout. stated he heard Sergeant Wedemeyer order Mr. Stout to stop several times._saw Sergeant Wedemeyer grab IvIr. Stout by his shirt collar and said Mr. Stout swi ed his hand back at Sergeant Wedemeyer in order to prevent him from gaining control of him. itated he saw Sergeant Wedemeyer in a physical altercation with Mr. Stout. -said he also saw Inspector Zaragosa running Stout and Sergeant Wedemeyer. heard two ?pops" he believed to be gunshots. an inside the hotel and remained inside until he heard police sirens outside. HONOR CDUHAGE MIJHII LEADERSHIP stated she heard yelling coming from an area south of looked in the direction of the yelling and saw three people fighting. saw era was a east one mal voived in the fight, but she could not determine the sex of the third erson involved. urned to reach for the telephone and she heard two gunshots. ?ees anyone holding a gun. nor could she tell if anyone had been struck by gun?re. saw the female involved in the tight was wearing a bolstered gun on her belt and believed the female was a potice officer. stated he heard Inspector Zaragosa yelling outside but he did not know what she was yelling about-vent outside to investi ate the disturbance and heard Inspector Zaragosa giving lvlr. Stout commands to "stop resisting." bald he assumed Inspector Zaragosa was a law enforcement of?cer and needed heli so he arproached the area where she and Sergeant Wedemeyer were struggling with Mr. Stout. saw Inspector Zaragosa Wedemeyer were having a hard time gaining contro r. Stout's arms due to his sizeWaid Sergeant Wedemeyer a ctor Zaragosa continually gave Ivlr. Stout commands to get on the ground and stop resistingW also heard Inspector Zaragosa tell Mr. Stout several times he was under arrest. -aw Se eant Wedemeyer, Inspector Zaragosa and Mr. Stout all fall to their knees during aid Sergeant Wedemeyer drew his firearm and pointed it at Mr. Stout. Mr. the stru gle. ?eld he saw Mr. Stout with his right hand, which he believed was for the purpose of retrieving a weapon. aid Sergeant Wedemeyer then shot Mr. Stout in the upper thigh area. said Inapector Zara osa immediately directed him to call for medical assistance and she also requested a first aid kit. hemmed to the hotel lobby and called poiice. At approximately 2220 hours, Mr. was standing at the entrance he observed Sergeant Wedemeyer and Inspector Zaragosa running after Mr. Stout.Wstated he heard Sergeant Wedemeyer and Inspector Zaragosa telling Mr. Stout to stop. ent inside the hotel and asked security staff to call the police. _then went back outside and saw Sergeant Wedemeyer on top of Mr. Stout who was face down in the grass. ?stated that Ser eant Wedemeyer used his left hand to hold lv'lr. Stout's right hand behind his back. ?stated Ser eant Wedeme er drew his firearm with his right hand a ?red two rounds. A er ots were mediaid Inspector Zaragosa ran over to him and told him to call the police. stated she had been in a co?habiting on?and?off dating relationship with Mr. Stout for two years. said she dro ed Mr. Stout off at the Hegenberger Hilton on August 3. 2015 at approximately ?l?r'OD hours. ?eeid she did not ask Mr. Stout any questions concerning why he wanted to be dropped off at the hotel because she wanted to avoid getting into an argument with him. aid she received a phone call fr Mr. out at approximateiy 2030 hours asking if she would bring him some clothes to the hotel. retrieved the clothes and arrived at the Hilton at approximately 2215 hours, and she parked her SUV in the parking lot at the front entrance of I CDUHAGE COMM EMT LTESI [11" the hdidi aid she lOOde for Mr. Stout but she did not see him. -said she saw a white female about 35 to 40 years old, emerge from a side door of the hotel. stated the female was being loud and stood next to a shuttle van located at the front entrance of the hotel. Ms. -also observed a male standing next to the white female. later saw Mr. Stout walking toward her vehicle from the hotel bar area. lids-said she saw the white female and the male walking behind Mr. Stout. Ms?said the female and male told Mr. Stout to stop and Mr. Stout ran from them. fits-said ite female and male chased Ivlr. Stout to a grassy area and the female hit Mr. Stout with a "ma light." fills-heard multiple voices say ?stop resisting? over and over again. Ms. -%aid the male and female tackled Ivlr. Stout to the ground face-first. Ms.Esaid after the female yelled "stop resisting," the male pulled a gun from his right side and shot r. tout twice. lvls. said the female said. "You tried to shoot my partner. Call an ambulance." Ms.-tated she did not see Mr. Stout with a gun. Oakland PD Of?cer Rushing #9233, was dispatched to 1 Hegenberger Rd. to investigate a report of a shooting. When he arrived on scene, Of?cer Rushing was flagged down by inspector Zaragcsa. Of?cer Rushing ran to Inspector Zaragosa?s location and saw Sergeant Wedemeyer kneeling next to Mr. Stout who was lying on the ground handcuffed. Officer Rushing stated Mr. Stout was bleeding profusely from a gunshot wound to his right leg and Sergeant Wedemeyer was applying pressure to the wound. Of?cer Rushing radioed for"code three medical" response. Of?cer Rushing observed a black firearm with a magazine inserted inside the magazine well, several feet from where Mr. Stout was located. Inspector Zaragosa told Of?cer Rushing the firearm was Mr. Stout?s. Of?cer Rushing also saw several articles of clothing on the grass that appeared to belong to Inspector Zaragosa and Sergeant Wedemeyer, including a dark colored police jacket that read: "Contra Costa County Sheriff? in bold yellow lettering. The Glock Model 40 pistol Serial Number recovered from Mr. Stout was reported stolen by Modesto Police Department on March 23, 2015. A as registered to_ at? The vehicle was towed by Oakland PD for evidence processing. On May 9, 2016, I contacted Lieutenant Roland Holmgren of the Oakland PD Homicide Division to obtain more information about Mr. Stout?s injuries and condition following the shooting. Lieutenant Holmgren told me he could not provide speci?c information about Mr. Stout?s injuries because Oakland PD investigators did not obtain a search warrant for Mr. Stout's medical records. Lieutenant Holmgren said following the shooting, Mr. Stout remained hospitalized for approximately one month recovering from his injuries. Office of the Sheriff 15?12?12 Office of the District Attorney 15-12?12 Internal Affairs 2015-063 Oakland 15-041328 HONOR COURAGE COMMITMENT LEADERSHIP TEAMWORH POLICIES i PROCEDURES REVIEWED Of?ce of the Sheriff PolicyI and Procedure 1.06.61 Use of Force Of?ce of the Sheriff Policy.r and Procedure 1.06.62 Police Involved Fatal or Serious lniurv Incidents Of?ce of the Sheriff Policyr and Procedure 1.0131 Firearms Safetv and Of?ce of the Sheriff Policy and Procedure Appendix 2 Of?cer Involved Fatal Incident Protocol Office of the Sheriff Investigation Policy and Procedures 4.03.06 Service of Search Warrants and Arrest Warrants . I Office of the Sheriff Poiicies and Procedures section 1.06.61 Use of Force states in Part: POLICY Deputies shaii use oniy that degree of force that is objectiveiy reasonabie to protect themseives and others, or to overcome resistance to their iawiui authority. 3. DEADLY FORCE: Any use of force that creates a substantiai risk of causing death or serious bodiiy injury. i. FORCE: Any physics! effort used to controi, restrain, or overcome the resistance of another. Sergeant Wedemever's discharge of his firearm constituted potentially deadly force. GENERAL A. DE TO USE FORCE A Deputy?s decision to use force shaii take into consideration the facts and circumstances of each individuai situation. Factors 3 Deputy shouid consider when deciding to use force in a given situation inciude but are not iintited to: 2. Whether the suspects pose an immediate threat to the safety of Deputies or others; Mr. Stout's actions posed an immediate threat to Sergeant Wedemeyer and Inspector Zaragosa. Mr. Stout resisted Sergeant Wedemeyer?s and Inspector Zaragosa's efforts to arrest him. Mr. Stout engaged in a prolonged physical altercation with Sergeant Wedemeyer and Inspector Zaragosa in an effort to elude capture. During the physical struggle, Ivlr. Stout attempted to retrieve a handgun he had concealed on his right snide. Based on his continued efforts to elude capture and refusal to submit to HON DH CDUHNE LEADE HSHIP EAMWOH the lawful authority of Sergeant Wedemeyer and Inspector Zaragosa, it was reasonable to believe lvlr. Stout intended to use the firearm against them, likety producing great bodiiy injury or death. 3. Whether the suspects are activety resisting arrest or attempting to evade arrest by ?ight; Mr. Stout led Sergeant Wedemeyer and Inspector Zaragosa on a prolonged foot chase and disregarded numerous commands to stop after Sergeant Wedemeyer identi?ed himself as law enforcement. When they were able to catch up to him on two occasions. Mr. Stout violently resisted Sergeant Wedemeyer?s and inspector Zaragosa's efforts to take him into custody. 4. The time avaiiahie to make decisions: The events unfolded quickly. Sergeant Wedemeyer and Inspector Zaragosa were in pursuit of Mr. Stout from the time they identi?ed him in the hotel parking lot. When they did catch Mr. Stout, he attempted to pull a gun that he had concealed on his person. 6. Proximity to potentiai weapons (the Deputy?s or others); When Sergeant Wedemeyer and Sergeant Zaragosa caught fvlr. Stout the second time, they were able to get him to the ground. While they struggled to gain control of him on the ground, lvlr. Stout reached for and grabbed a firearm from his ankle. Sergeant Wedemeyer immediately identi?ed the weapon and ?red two rounds at Mr. Stout, striking him both times. 3. USE OF FORCE The amount of force used shaft oniy he the amount that is objectiveiy reasonahie to controi the resistance encountered in tight of sit the refs vent circumstances. The force used shouid not be esceiated uniess it's reasonabty determined that a tower ievei of force wouid not be adequate, or such a ievei of force is attempted and found to be inadequate. When deciding to use force, Deputies shouid consider the foiiowing specific factors for evaiuating their use of force: 1. The need for the use of force; 2. The reiationship benveen the need and the amount of force to be used; 3. The extent of potentiai injuries that couid resuit,? 4. The threat reasonahty perceived by the Deputy; 5. Other avaiiabie force options that couid temper the severity of a forcefui response. The use of Sergeant Wedemeyer's firearm was a reasonable response to an imminent threat posed by Mr. Stout against Sergeant Wedemeyer and inspector Zaragosa. Mr. Stout's actions by retrieving the firearm concealed on his person led Sergeant Wedemeyer to reasonably believe Mr. Stout intended to use the firearm against him and or Inspector Zaragosa and intended to inflict upon them great bodily injury or death. As sUCh, Sergeant Wedemeyer's decision to use deadly force was justi?ed. HONOR COMMITMENT LEADE TEAMWOHH. C. AUTHORIZED WEAPONS AND FORCE TECHNIQUES Deputy Sheriffs shati oniy carry and shouid oniy use approved weapons and force techniques for which they have received and compieted P. O. S. T. certified andfor Sheriff?s Office authorized training. I). FOR CE OPTION 3 The Oa?fice of the Sheriff recognizes a Deputy's need for a degree of in making use of force assessments given the ?uid dynamics of a confrontation. The standard for evaiuating a Deputy's use of force is ?ireasonahieness under the facts and circumstances known to the Deputy at the time." Therefore, a Deputy may choose any of the foiiowing force options, inciuding no use of force, provided the force option is objectiveiy reasonahie. i. Protessionai Presence Non-Verhai and Verhai (no force) Mr. Stout ignored numerous commands to stop resisting from Sergeant Wedemeyer and InSpector Zaragosa. Mr. Stout continued his effort to get away and used increasingly more violent methods to prevent his capture. 2. Controt, Search and Handcuff. Once he was shot, Mr. Stout dropped the firearm and stopped resisting Sergeant Wedemeyer and Inspector Zaragosa. Sergeant Wedemeyer and Inspector Zaragosa used control and handcut?ng techniques to control and arrest Mr. Stout. 3. Defensive Tactics 5. Personai Weapons During the foot pursuit and physical struggle. Sergeant Wedemeyer and Inspector Zaragosa unsuccessfully used control and arrest techniques to gain control of Mr. Stout. When these measures failed Sergeant Wedemeyer and Inspector Zaragosa used a flashlight as an alternate impact weapon in an effort to overcome his resistance and arrest him. 11'. Firearms. 12. Deadiy Force. Sergeant Wedemeyer feared for his life and the life of lnspectorZaragosa. The use of his ?rearm constituted deadly force, which was an appropriate response due to the circumstance presented by Mr. Stout. PROCEDURE 1' G. USE OF FIREARMIDEADLY FORCE. HONOR CCU RAGE NT HE1 i. A firearm may be discharged oniy for one or more of the toitowing circumstances: c. When necessary in the defense of one?s own iite or to prevent serious physicai harm; d. When necessary in the defense of an person in immediate danger of death or serious physicai injury; Mr. Stout posed an immediate threat to the lives of Sergeant Wedemever and Inspector Zaragosa and it was reasonable to assume Mr. Stout intended on assaulting them with his ?rearm. 2. WHEN Witt NOT BE Firearms not be discharged: a. As a warning; h. To eh?act the capture or prevent the escape of a person who is reasonabiy beiieved to be committing, or have committed, a feionv which DOES NOT invoive the use or threat to use deadiy force; c. in any misdemeanor case; d. From or at a moving vehicie except in the defense of one?s own or the tits of an other person. Sergeant Wedemeyer?s actions did not violate anyI policy related to when firearms will not be discharged. PROCEDURE 2 A. MEDICAL AID AFTER USE OF FORCE. When use of force causes injury, which wouid reasonabiy require medicai attention, the Deputies using such force ensure the injured person receives proper medicai attention as soon as possibie. t. Deputies normatiy transport or arrange for transport of injured persons to the Contra Costa Regionai Medicai Center, uniess the nature andfor extent of the injuries necessitate transport to a cioser facility, or as directed by a supervisor. Immediately after Mr. Stout was shot, Sergeant Wedemeyer and Inspector Zaragosa started life saving measures. using their clothing to apply direct pressure to Mr. Stout?s wounds. Sergeant Wedemever and Inspector Zaragosa continued treatment of Mr. Stout until they were relieved by qualified medical personnel. Mr. Stout was transported to Highland Hospital via ambulance for treatment of his injuries. PROCEDURE 3 A. REPORTWG USE OF FORCE. HONOR COMMITMENT LEADERSHIP TEAMWORK PROCEDURE 4 A. USE OF Sergeant Wedemeyer was intenriewed by Oakland PD investigators as part of their protocol regarding response to officer-involved shootings. Documentation generated as a result of Oakland PD's criminal investigation. satisfied the reporting requirements for Sergeant Wedemeyer's use of force and use of his ?rearm. Office of the Sheriff Poiicies and Procedures section 1.07.32, Authorized Firearms and Ammunition states in part: GENERAL 2. TIC a. Maire: Sig Sauer, Giocir {Gen3fGen4}, or Heckier and Koch pistois with the foiiowing characteristics: h. Type: Semiautomatic Pistoi. C. Caiiher: 9mm, .40 Cat, or .45 Auto At the time of the shooting. Sergeant Wedemeyer was canying a personally owned Glock, Model .45 caliber pistol, {serial number Office of the Sheriff Policies and Procedures section 1.0131 Firearms Safety and Quaiification states in part: GENERAL E. OFFICE OF THE FIREARMS QUALIFICATION. Ati Sworn Personnei are required to successfuiiy compiete the Office of the Sheriff firearms quatifications within the time frame prescribed hetow and with the firearms(s) authorized for carrying white wearing the Office of the Sheriff prescribed standard uniform. t. Sworn Personnei assigned to a position which does not require the prescribed standard andfor Ciass ?54? uniform must aiso ouatify with the specific Critics of the Sheriff authorized firearm carried white on duty in the non?uniformed positions. 2. Aft Sworn Personnei who change duty firearms to a different make, modei, barrei iength, or caiiber must quaiify at an Annuai Office of the Sheriff Firearms Quaiification, or at a suppiementat Firearms Exercise, with the new firearm before authorization be given to can}:r the new firearm. HONOR CCIIJHAGE TEAMWURK 3. AH Sworn Personnei must demonstrate ?rearms pro?ciency semiannuaiiy. Primary proficiency he demonstrated during an Annuai Office of the Sheriff Firearms Quaiification, commoniy referred to as the ?Summer Quaii?cation,? and secondary pro?ciency be demonstrated during the Of?ce of the Sheriff Annuai Firearms Quaiitication or the Functionai Performance Test. Office of the Sheriff training records indicated Sergeant Wedemeyer was current with the firearms quali?caerent. He quali?ed with his personally owned Glock duty weapon. Model (serial numbe on October 25, 2014. Office of the Sheriff Poiicies and Procedures 1.06.6.2, Poiice invoived Fatai or Serious iniury incidents states in pa rt: A. Any poiice investigation directiy in voiving two or more peopie in which an on duty or off-duty poiice empioyee is invoived and death or serious injury resuits. Such incidents inciude by are not iimited to: t. intentionai and accidentai shootings invoiving any serious injury, inciuding poiice tacticai incidents invoiving specieiized response teams. 2. inten tionai and accidentai use of any other deadiy or dangerous weapon. 3. Assauits upon poiice empioyees who are performing a iaw enforcement function. 4. Attempts to effect an arrest or otherwise gain physicai controi over a person for a iaw enforcement purpose. Office of the Sheriff Poiicies and Procedures Appendix 2 Law Enforcement invoived Fatai incidents states in pan?: E. LAW VED FATAL MANDATORY incidents fatai to in which the conduct of a "Law Enforcement Person? or the operations or activities of an LEA, isr?are ?actuaiiy or conceivabiy a factor" in the fetaiity. h. Law enforcement operations or activities of any type in which a fataiity occurs, such as these exampies: 1) During attempts by LE Os, "cnpduty" Reserve LEOs or by "on-duty" Non-Sworn Personnei to detain, arrest or gain physicai controi of a person (3. invoking the Protocoi 2. Options-i invocation DNOH CCU RAG CED MMITMEPKT LEADERSHIP TEA MWCIR This Protocol may be optionally invoked for incidents involving law enforcement personnel or LEA activities and operations which are not included within the definition of "Law Enforcement involved Fatal incidents" if possible criminal conduct of anyone involved in the incident is an issue that should be reasonably determined. Neither death nor bodily injury is a prerequisite to optional in vocation under this category, thus the Protocol may be invoiced for incidents involving any type of potential crime, including but not limited to: property and person crimes; integrity crimes; crimes against public health, safety or peace: threat crimes: and state civil rights crimes. c. Examples of optional invocation situations: (Also see decision-matting factors) incidents involving physical injuries which are not "fatal. e. These Factors may be relevant to those considering optional invocations: t) injuries to an involved person have not resulted in death, and imminent death is not than medically expected, but the LEA wants the Protocol investigation to begin immediately despite medical prognosis. 3) Circumstances concerning the incident cause the LEA to have special need to utilize the Protocol to ensure a thorough, impartial and credible Criminal investigation. Although the shooting of Mr. Stout by Sergeant Wedemeyer did not result in a fatality, Mr. Stout did suffer signi?cant injuries. Sergeant Wedemeyer's discharge of his ?rearm at an armed and violently resisting felon, in defense of his life and the life of Inspector Zaragosa, warranted the optional invocation of the Protocol. As a result, the Law Enforcement Involved Fatal Incident Protocol was invoked. Viewed objectively, Sergeant Wedemeyer acted justi?ably and in defense of his life as well as the lives of Inspector Zaragosa and the members of the surrounding community. His decision to discharge his ?rearm at Mr. Stout was legal, proper. and in congruence with Of?ce of the Sheriff Policies and Procedures. Office of the Sheriff investigation Policy and Procedures 4.03.06 -- Service of Search Warrants and Arrest Warrants states in part: i. A. it is the policy of the investigation Division that the obtaining and service of search warrants and arrest warrants shall be done in a professional manner, with adherence to legal procedures and requirements. PROCEDURE HONOR CDUHAGE COMMITMENT F. Locai Agency Noti?cation t. it is Departmentai poiicy that iocai iaw enforcement agencies be notified when Sheriff?s Of?ce personnei are conducting operations within their perspective jurisdictions. 2. The notifications shaii be made by the Unit Supervisor or their designee prior to the pianned event. During his interview Sergeant Wedemeyer said he did not notify Oakland PD that he and inspector Zaragosa were in the city of Oakland looking for Mr. Stout. who was wanted for several outstanding warrants. Due to Mr. Stout not having a violent criminal history. Sergeant Wedemeyer did not believe it was pertinent to notify Oakland PD of their intent to locate and arrest Mr. Stout. Viewed objectively, Sergeant Wedemeyer's reasoning for not notifying Oakland PD he was searching for a wanted person in their jurisdiction was not valid, nor was it congruent with Of?ce of the Sheriff Policy and Procedure. NOR CDUHAGE CGMM ITMENT LEADE RSH TEAMWDH i we QEQLARATION 09W To Be Completed By Person Collecting Blood Mil) did lime PW vii/i ?f {Print Marne} lam employed by (TI/id l?r/ in the capacity checked below: El physician El clinical laboratory bioanalyst registered nurse whlebotomist CI licensed vocational nurse El certified paramedic El licensed clinical laboratory technologist On this date Itcoit blood from a person identified the subject. 1 cleaned the area to be punctured with the non-alcoholic disinfectant, included in the Contra Costa County Laboratory blood withdrawal kit. Using the sterilized needle and holder trom the kit, I inserted the needle into the subject's vein and withdrew enough blood to fill the two vacuum tubes. i discarded the needle. holder, and disinfectant. I mixed the powder in the tubes thoroughly to prevent the blood from clotting. The tubes of blood were labeled with the full name of the subject. the date and time of withdrawal. and placed my initials on the label. I gave the tubes to the officer who accompanied the subject, and I observed the officer seal the top of each tube with a label seal and piece his initials on the seal and on the label of each tube. The sample(s} wasiwere taken in a medically approved manner. Ideclare under istrueeW Mb FE: ii 110-6 Dated: 9413's! lg?f at l) California. CW 8 I {Signatt?QlEe?clhEaBnl-i (ieseyfls 23H 2. DISTRICT ATTORNEYS COPY - PLEASE TU OFFICE ALONG FILING PAPERWCIRK PDLIGE COPY - PLEASE DETAGH AND MAINTAIN FOR YOUR RECORDS PERSON MAKING BLDIDD WITHDRAWAL - PLEASE DETACH AND FDR RECORDS one EEQLABAIIQN To Be Completed By Person Collecting Blood . under penalty of perjury says: {Print Name] I am employed by in the capacity checked below: El physician El clinical laboratory bioanaiyst El registered nurse El phlebotomist El licensed vocational nurse certified paramedic licensed clinical laboratory technologist On this date I took blood from a person Identi?ed to me as . the subject. I cleaned the area to be punctured with the hon-alcoholic disinfectant. included in the Contra Costa County Criminaiistics Laboratory blood withdrawal kit. Using the sterilized needle and bolder from the kit. I inserted the needle into the subject?s vein and withdrew enough blood to ?ll the two vacuum tubes. discarded the needle. holder. and disinfectant. I mixed the powder in the tubes thoroughly to prevent the blood from clotting. The tubes of blood were labeled with the full name of the subject. the date and time of withdrawal. and I placed my initials on the label. I gave the tubes to the of?cer who accompanied the subject. and obsewed the officer east the top of each tube with a label seal and place his initials on the seal and on the label of each tube. The sampleis] wasiwere taken in a medically approved manner. I declare under penalty of perjury that the foregoing is true and correct. Dated: at California. {Signature ot Dodarantj COPY) COPY - PLEASE SUBMIT TO OHS OFFICE ALONG WITH FILING FAFEHWORK POLICE - PLEASE DETACH AND MAINTAIN FOR YOUFI COPY FOFI PERSON MAKING BLOOD WITHORAWAL PLEASE DETAOH AND MAINTAIN FOR YOUR RECORDS 9H 2 15?53254 Forensic Services Division Confident'al contra Costa County onus of the Sheriff 1961:} Muir Road. Martinez, CA 94553 REPORT OF LABORATORY Lama?? 1563254 Agency: Contra Costa Sheriff Repon Dole: Sf?t?vlf?? 5 Agency Case No.: 15? 12? 12 service: "Foodcolog}I Analysis Requested by: David Hull Request Date: I 5 Case Type: Assault Subjec?si: chemevcr, Danici J. Description of Evidence ftni?atpectreoet?s} were soon-rated tops seated unless otnenvtse stated) Submission as I: Blood Alcoholt?nrug envelope containing 2 Test simian: Wed emever, Daniel J. Typo ol oomph: and cot-llama: No: T7592 Submission Urine Alcoholi'Drug envelope: containing container{s). Test Suki-Bat: Wedemever, Daniel J. Type ore-omelet Urine Cornulnur No.1 1 398 Submission Blood Alcoholf?rug envelope ?g?nlng Results and Conclusions: Result: No screening done. Con? a Re Ito and Conclusions- Result No continuation done. Submission Urine Alcoholt'Drug envelope: Screening Results. and MethamphetamineMDMA negative CocainofCocaine Metabolite negative Opiates (Codeine, Morphine} negative Benzodiaze pines negative Regen mints No con?rmation clone. DA is inc is R's-ported By: Approved Ely: Sarina Sigmon, Criminalist Shane Alvcin Forensic Supervisor Dale: August {14, 2015 Page I of3 Forensic Services Divisio15_5325_] Sarina Sigmon August (M, 1015 Page 2 at] Report Annex Client Adela-ea: Contra Costa Sheriff 1931] Muir Road Martinez, CA 94553 Comgiianeo Statements: lnitial paekagets] were submitted tape sealed unless otherwise indicated. I Uncertainty information will only be given for quantitative results. The statistical level ofcon?denec is approximately 95% - 4? Homogeneity Is assumed among multiple vials within an envelope or hits as long as the vials were collected sequentially, from a single event and into multiple sinillareontainers, and having similar volumes. The reported results pertain to the enitre item the tested amount or the vial analyzed. 0 Sampling was performed in accordance with the sampling procedure In the Toxicology Technical ilnit Manual. The date of sampling' is the date oi?analysis unless otherwise indicated The location efsarnpling Is the Crime Lab. lbe Following will be documented' In the case notes: any deviations from the sampling plan or technical procedures use of containers not provided by the Crime lab; any approximate blood volumes Ices than 5 milliliters In the vials provided by the Crime Lab. II is an abbreviation for micrograms per milliliter. is an abbreviation for nanograms per milliliter. I Immunoassay screening technique is considered a presumptive test due to the fact that iimnunoassays are not always speci?c to a single analyte. When the report indicates that further work or additional analysis may be perforated. it is the responsibility oflhe customer to request the work if needed. ?the reported result re?ects the concentration at the time ofanalysis and does not account for changes that may occur before or after analysis. Not all drugs are stable and concentrations may change over time. potentially resulting in values below the reporting limit. Any additional analysis or re-analysis should be requested as soon as possible. I Samples to be re- analysed should be stored' In a manner that prev cots breakdown and preserves the evidence as long as Is highly suggested 11? a drug 15 not reported as positive, it indicates either that it was not detected or, it" a drug was detected, it was present at a concentration loss than this Laboratory's established Icporting limit. All con?nnations, if required, are done by Gas Spectrometry. I The tests performed are generally accepted by consensus of the relevant scienti?c community. The tests were perfonned in a scienti?cally approved manner. Anal?'eal Tong Most screenings are done by Immunoassay. Acid Neutral Drugs and Basic Drugs screenings are both done by gas spectrometry. Con?rmations are done by Gas Spectrometry. Forensic Services Divisinn 53254 Sarina Sigma? Angus! 2015 Page 3 Of 3 ef Evidence Submissien #1 Bleed AleeheIfDrug envelope This evidence submission was received from David Hall by Shane Meidrum en EMIEUIS Submission Urine Aleehelf?rug envelope: This evidence submissien was received David Hall by Shana Meldrum on 3f4i'2?15 [End Repnrt] 15-5825?2 - I:?bontra Goats County Office of the Sheriff Confidential 195D Muir Road, Martinez, Ca. 9-4553 . REPORT OF LAED EXAMINATION Laboratory No: 1 5-53 25 52. Agency: Contra Costa Sheriff Report Date: EH 1 {mo i 5 Agency Case No: 5- 12712 Service; Alcohol Analysis Requested by: Hall Requesl Dale: 5 Case Type: A ssault Wedenteyer. Daniel]. Olfe "sag: 2%5 PC SEEMS Examination Results and Conclusions; Submission #1 Blood Alonholf?mg envelope containing two yial(s). Type of sample: Blood Reported Result: Negative Date of analysis: Shirl-?20 15 I certify, under penalty ofperjury, under the laws ofthe State of California, that the above bloodi?urine analysis was performed during the regular course of my duties, and is a true and correct copy thereof. I further oertify thatI am quali?ed to perfonn these analyses pursuant to Title 17 ofthe California Corie of' Regulations, and that the equipment used in arriving at the resulls was in proper working order at the time I perfumed this analysis. The recording of the analysis results was done at the time oi'the analysis. ?Ed 3 1 4742* Joaquin A. limenerj Cri minalisl Monica Siegrist, Criminalist {Forensie Alcohol Supervisor) {Forensic Alcohol Supervisor) Date: August 10, 2015 Executed in Martinez, Contra Costa County, California J. A. Jimenez Page 1 ol?3 i Forensm Service 15- 5825-2 Jonquin Jimenaz Pig: 2 of 3 2'3. Lacatlon of Withdrawat: a . .. . --..-. --.-- a Li II -..11.4w ., baIa:,jUL31 2015 . - A BLOOD SAIIELE Eon AHALVSIS Uplates. Cocaine, 3?1 El D??'lars [Pk-Jase List] . Ij TasI for drugs BAG u. uses . . ii this is a referee sample far the subject' 5 breath resu?s: I Anni Iacailan}. gz-I Poiloe Agansy. CCQ . . ., 24:51.? a (a - 51:95:! I 511259-3110? 0359 D. 3:3. incident Date: A ?rm: 2% ?s Name?(messing O?icara?Parsan: .3214 . 1" s. lmestigating Of?cer: .I . 2! Badge No; 2 J. Paisnn Drawing Biogd: *0 PID ?9.Daia SampleTaken: (Si/?i/f 5' Time: I a: possessmu: I Hecaived? Forensre Services 15-5825?2 Jcaq uh! Jlmenea Stlulz?t Page 3 of 3 Report Annex Gila nt Address: Contra Costa Sheriff lg?l} Muir Road Martinez, Cr?t Q4553 Corn ptlance Statsmang; I Initial packagel?s] 1were submitted tape sealed unless otherwise indicated. Uncertainty of measurement is reported on each of the analytical results at the measurement. The statistical level of con ?denee is approximately 99.3% Ir Per Title 17, the California Code of Regulations governing forensic almhol analysis. the imported result is an average of the analytical results of the rrtcasuremenl and is truncated to two digits. For Title l?l'1 urine results are reported as a blood alcohol equivalent using a conversion 1' actor {divisor} of 1 .3. The uncertainty is reported on each of the un-eenverted analytical results. no Vitreous results are reported as a blood alcohol equivalent using a conversion factor {divisor} of 1.21 The uncertainty of measurement is rcported on each of the un-converted analytical results. Cavity fluid results are not converted to a blood alcohol concentration and are reported as alcohol concentration only. II is assumed anteng multiple vials within an envelope or ltits as long as the vials were collected sequentially, From a single event, and into multiple similar containers, and having similar volumes. The reported results pertain to the entire item. not just the tested amount or the vial analysed. II Sampling was performed in accordance with the sampling procedure in the Blood Alcohol Technical Unit Manual. The date of sampling is the date ot'analvsis unless otherwise indicated. The location of sampling is the Crime Lab. Any deviations from the sampling plan or technical procedures will be documented in the case notes. Any approximate blood volumes less than 5 milliliters in the vials provided by the Crime Lab will also be documented in the case notes. I to WW is an abbreviation For grains of ethanol per till) milliliters oiliquid. The linear range of the method is {1.01% WW to WW. Heated Headspacc Gas Chromatography Receipt of Evidence: Received from David Hall by Shaun Meldrum on I Blood Alcoholi?Drug envelope 9 in of Measurement: Submission Blood envelope Analytical Result: less than {1.01% WW. No assigned unce?aint}: Analytical Result: less than {1.01% WW. No assigned uncertainty. {End of Report} Firearms Qualification 6 shot 5 shot - 223 - 190 - 216 - 180 192 - . . Em 10 ee ame LABT, FIRST Make Walt-IF} Number Seriai umber l. ri OWNERSHIP (Check one: Dent. Rifle SCORE Qual DIF only .: rrWis-A?ci- lnspe?ec Gl' fin-crap; In darn: .7-25?1-1 Page 1 m4 OFFICE OF THE SHERIFF Contra Costa County Internal Affairs 351 Pine Street. 11*? Floor Martinez, California 94553 (925} 333-1531 Date: To: From: DAVID O. LIVINGSTON Sheriff-Coroner Michael V. Casten Undersheriff June 2. 2016 Sergeant Daniel 1li'iledemeyer #52040 Sergeant David Hall. Internal Affairs Subject: Internal Affairs Case 2016-025 The attached investigative report is a copy of information that will be pissed in your personnel ?le. Pursuant to 3305 of the Government Code you are requested to sign below, hidicating that you are aware of the contents of the attached papers. 33115 Comments adverse to interest; entry in personnel ?le or in other Record; opportunity to read and sign instrument; refusal to sign. No public safety officer shall have any comment adverse to his interest entered in his personnel ?le, or any other ?le used for any personnel puiposes by his employer, without the public safety of?cer having ?rst read and signed the instrument containing the adverse comment indicated he is aware of such comment, except that each entry may he made if after reading such instrument the public safety of?cer refuses to sign it. Should a public safety of?cer refuse to sign, the fact shall he noted on that document, and signed or initialed by such o?icer. (Added by Stats. 1976, 465, p. 1234, 5 Date: Name: 33013 Response to adverse comment entered in personnel rte; time. A public safety o?icer shall have 30?days within which to file a written response to any adverse comment entered in his persoimcl ?le. Such written response shall he attached to and shall accompany the adverse comment. {Addedhy Stats. 455,9. mam.) Date: d/z:/Mr Name: 1. LA. documents are considered con?dential and any failure by the employee to maintain the confidentiality oi~ the documents could result in disciplinary action as a violation oi" Department Manual Section l.iiS.5'i'= ?onduct, and for Section 1.06.T4, l{Jonlrol of Department hlformation. RETURN THIS SIGNED FORM ONLY TU INTERNAL AFFAIRS KEEP COPY OF CASE FOR YOUR RECORDS Lit?1 COMMITMENT LEAD I