A WESTMINSTER POLICE DEPARTMENT rres 8200 \Vealn-nmler Blvd, Bldg. 5, Weslnunsler, CA 92683 1143917 CAosoz-loo an nmlna . Narratlve Report Page 0' 5 emails 23152 (A) vs; Dni mm, 20m (A) vs; Nil And Damage: mm. 10mm 15:01 Sunday 10mm 15:07 Gum-"west 5L Bola: Av Strict ur Highway ws SUMMARY The Arrestee was involved in the non-injury traffic collision and left the scene prior to leaving required information with the other driver. He returned to the scene of the collision and was arrested to DUI. ON SCENE Cpl. C. Knauerhaze (Assisted with FST) Cpl. R. Weber (Assisted at scene) PSO J. Beltran (Took the collision report) Sgt. A. Iwashita (Assisted with the booking process and chemical test refusal) EVIDENCE 185-001' Digital audio recording of witness statements and Serrano's statements in the field igital audio recording of Serrano's statements in the jail FP blood sample relusal form 185-004: White index card with Serrano's name and phone number (left with the victim) PRELIMINARY PAS RESULTS Refused EVIDENTIARY TEST Refused SUSPECT Serrano, Gerry-- VEHICLE 1997, Chevy 1500 pick-up truck, blu-- NARRATIVE On 10/09/10 at approx. 1507 hours, I responded to the area of Goldenwest and Bolsa, relerence a traffic collision investigation. Dispatch advised a blue truck and a black F,Wllker (as 23:41 154 1011an mm WW1 'Nmm CR Waite/135 Elm-red by Paul Walker Page 1 of6 AFDC (Rev "02/13) Pnnlee' [ms/ms WESTMINSTER POLICE DEPARTMENT 3200 Westminster Elva. Bldg. 5. Westminster, CA 92683 ""917 :an a 7 CA0302400 on Narrative Report PM magma 23152 vc; Dui Ilixd. min vc; HllAnd fiullJ'ropefly Damage, Ilka. imam 15:01 Sum-y 10mm 15111 Goflenmt st. sumo Bursa Av sum or mgmy us no Mistubishi were involved in a tralfic collision and had pulled into the Mobile gas station on the south/west corner of Bolsa and Goldenwest. Dispatch further advised they could hear an argument in the back ground of the caller. While lwas en route to the location, dispatch updated the call to a hit and run. They said one ot the parties involved was leaving the scene in a blue pick-up truck and was being followed by the victim. Dispatch gave a license plate of They lurther stated that the victim lost sight of the suspect vehicle in the area ol Goldenwest and McFadden and they were going to meet officers at the "erop" restaurant at 15122 Goldenwest. When I arrived at the I-Hop. dispatch advised the plate on the suspect vehicle returned to a, "Gerry Serrano." VICTIM STATEMENT told me he was south bound on Goldenwest, stopped lor a red light at the Mall Access Rd, when his vehicle was struck from behind by a male white, drivtng a blue pick-up truck. The male, later identified as Gerry LOUIS Serrano, walked up to the driver's side door after they pulled over and stopped at a gas station. Serrano became nervous when he realized --'s wife was on the phone with police and told them they could take care of everything themselves and he could not stay at the scene. He told them he could pay them money, but then became insulting towards wife._ told Serrano he should watch what he says about his wife. Serrano then got into his vehicle and left the location, south bound on Goldenwest. --, believing Serrano was attempting to flee the scene of the collision. followed Serrano, but stopped when the police dispatcher told him not to follow the vehicle any longer. said he believed Serrano left the scene prior to police showing up because he was possibly intoxicated. asked what made him believe he was intoxicated. -- said Serrano's speech was slurred when he was speaking with him. I asked if he could identify the driver if seen again and he said yes. asked if he desired prosecution for hit and run and he said yes. A few minutes later I received information that Serrano was returnln to the scene and that he may have exchanged information with . asked it he exchanged information with Serrano and he said no. wife. then told me that Serrano "threw" a white index card into their vehicle just prior to leaVIng. The card contained ADMNISIRAWON warm ins 1mm" 23:41 Alan tannin 154 tnnum m. wivsnn "my to mszsums CR [Wain/135 Enlumdhy Paul Walker Paguluffi (Roam/2313) Print on: WESTMINSTER POLICE DEPARTMENT CASE Arrest 8200 Westminster Blvd., Bldg. 5, Westminster, CA 92683 11'08917 l:l CA0302400 Non Criminal . Narrative Report Page 3 6 OFFENSHS) oont'd. 23152 (A) Dui Alcohol/Drugs; Misd. 20002 (A) Hit And RunzProperty Danage; Misd. DATE. TIME AND DAV OF DATEAND TIME REPORTED 10I09f11 15:07 Sunday 10I09I11 15:07 OF OCCURENCE NAME TYPE (I BEAT SECTOR Goldenwest St, SBINO Balsa Av Street or Highway WS 30 NARRATIVE Serrano's name and a phone number. said they tried to call the number, but it just rang and no one picked it up. They also had a difficult time reading the name written on the card as it was not legible. I later verfied the phone number on the card matched Serrano's phone number. I received a cell phone call from Westminster Police Detective B. Jaipream. He told me he had been contacted by Serrano via telephone. Det. B. Jaipream said he instructed Serrano to return to the scene of the collision. scene. asked if that was the truck and he said he wasn't sure. I then asked if the person driving was the same person who collided with his vehicle. and his wife both looked at the driver and said they could not tell because he was wearing a hat. The driver of the truck was not wearing a hat at the time of the collision. After Serrano exited his vehicle, both and his wife positively identified Serrano as the driver of the vehicle that struck their car. At that poin,t a blue iick-ui truck with the license plate number of _arrived at the Refer to P80 J. Belton's report for additional details regarding the traffic collision investigation. ARRESTEE GERRY LOUIS STATEMENT When Serrano arrived at the scene, asked him about the collision. He told me they were south bound on the "405," when the driver of the other vehicle, "slammed" on his breaks and he was unable to avoid a collision. They pulled over and started to exchange information with each other when became angry and threatened to kick his ass. Serrano said he was not going stay if was going threaten him. Fearing for his safety he left the scene in his vehicle. While speaking with Serrano I could smell the odor of an alcoholic beverage coming from his breath. I asked him to remove his sunglasses and he did. At that point I noticed Serrano's eyes appeared watery and bloodshot and his speech was slurred. asked Serrano if he had anything to drink and he told me I then attempted to perform a Nystagmus test by av OFFICER APPROVED 5v our: APPROVED P. Walker 185 10,0920" 23:41 Alan lwashita 154 10,101" as FICER UNI ASSIGNED 10 CASE STATUS Closed CR 1 Wake/185 Entered by: Paul Walker Page 3 of6 AFDC 3) Print DIR: 10/16/2018 WESTMINSTER POLICE DEPARTMENT Arrw 8200 Westminster Blvd., Bldg. 5, Westminster, CA 92683 11'08917 El CA0302400 Non Criminal . Narrative Report Page 4 6 oont'd. 23152 (A) Dui Alcohol/Drugs; Misd. 20002 (A) Hit And RunzProperty Danage; Misd. DATE. TIME AND DAY OF OCCUREMZE DATE AND TIME REPORTED 10/09l?11 15:07 Sunday 10l09/11 15:07 LOCA OF LOCATIOJ NAME TYPE BEAT SECTOR Goldenwest St, SBINO Balsa Av Street or Highway WS 30 NARRATIVE having Serrano follow my finger with his eyes. His first attempt failed as he moved his head instead of his eyes. His second attempt stopped when he put his hat back on and refused to complete the test. In the few seconds I was watching his eyes, I noticed he had a lack of smooth pursuit as he tracked my finger to his left. I was not able to determine a horizontal angle of onset; however, the Nystagmus started almost immediately indicating to me that Serrano had some alcohol in his system. I also noticed that while speaking with him he began to sway in a circular motion and he appeared tired. Serrano then told me that he has been a cop for 20 years and I should be arresting for "422" (terrorist threats). He repeated several times that he did not leave the scene without leaving information. He was asked why he did not contact police if he believed he was a victim of a crime. He told me that he did; however, what Serrano did was contact a detective from the Westminster Police Department. He then stated that he called the detective because he did not have a phone number to the Huntington Beach Police Department. I didn't understand why he would contact a Westminster detective to obtain a Huntington Beach Police phone number. Further, I did not understand why as a 20 year police officer he simply did not call "911". It has been my experience that people impaired by alcohol will often make irrational statements that don't make sense to others. Cpl. Weber and Cpl. Knauerhaze were present while I was speaking to Serrano. Refer to their supplemental reports for additional information. While speaking with Serrano, he became more and more angry and at times confrontational. It has been my experience when dealing with individuals who have become impaired by alcohol that they will be defensive and argumentative. asked Serrano if he would be willing to perform a series of Filed Sobriety Tests (FSTs) to help determine if he was capable of safely operating a motor vehicle. Serrano would respond by saying he did not understand why he needed to perform a FST. He also said he did not know what an FST entailed. The FST was explained to him several times and eventually Serrano said At that point, based on Serrano's driving (being involved in a traffic collision), statements from witnesses, and objective of being under the influence of av OFFICER APPROVED BY DATE APPROVED P. Walker 185 10,0920" 23:41 Alan lwashita 154 10,10," OFFICER UNITISHIFT ASSIGNED to CASE STATUS Closed CR 1 Wake/185 Entered by: Paul Walker Page 4 of 6 AFDC (RSV. 01/22/13) Print Due: 10/16/2018 Arr WESTMINSTER POLICE DEPARTMENT CASE _es I: 8200 Westminster Bldg. 5, Westminster, CA 92683 11'08917 CA0302400 Non-Criminal . Narratlve Report age 5 6 cont?d. 23152 (A) Dui Alcohol/Drugs; Misd. 20002 (A) Hit And Run:Property Damage; Misd. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 10/09/11 15:07 Sunday 10l09/11 15:07 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Goldenwest St, Bolsa Av Street or Highway WS 30 NARRATIVE alcohol, I determined Serrano's driving ability had been impaired by alcohol and was the primary collision factor. Serrano was placed under arrest for 23152(a) CVC. While attempting to take Serrano into custody, I felt his arms and hands tense up and he began to pull away from my grasp. I asked Cpl. Weber to grab hold of his arm to assist me with safely taking Serrano into custody as those impaired by alcohol will often become violent. Once Serrano was handcuffed he began telling me, and the other officers on scene, that we were sick, pathetic, and we had better not come to Santa Ana. Again, it has been my past experience dealing with impaired drivers that they become belligerent and insulting as a result of alcohol. I then transported Serrano to WPD for booking. Prior to leaving the scene, I looked in Serrano's glove compartment for a copy of his registration and insurance. Inside the glove compartment I saw a metal flask commonly used for holding alcohol. The top was open and there was nothing inside. His vehicle was then locked and left at the scene. Once in the jail, Serrano's behavior continued to escalate; especially toward me. While escorting him through the hallway to the jail, he pulled away from my grasp twice. In the uncuffing cell he attempted to "chest bump" me. Once he was uncuffed and as he passed me in the booking area, he turned suddenly and placed his left hand, balled into a fist with his middle finger extended, approximately ten inches in front of my face and said "I'm not threatening you. You're a piece of shit!?. Throughout the booking process Serrano would stare at me and call me an "asshole" and a "piece of shit". As well as numerous other expletive words. I ignored Serrano as I believed it was simply the alcohol that was impairing his judgment. While at WPD Serrano was given a Chemical Test Admonition (per CVC 23612), by Sgt. A. lwashita. He was asked to submit to a breath or blood test and he refused both. Fulton (LVN) for California Forensic Phlebotomy lnc. (CFP), responded to WPD to perform a forced blood draw on Serrano after he refused to submit to a chemical test; however, based on Serrano's behavior in the jail, it was determined unsafe for Fulton to preform the test. A copy of the refusal form was placed in the case file. BY OFFICER P. Walker 185 10l09/2011 23:41 APPROVED BY Alan lwashita 154 DATE APPROVED 10l10/11 OFFICER ASSIGNED TO CASE STATUS Closed Walke/185 Entered by: Paul Walker Page 5 of 6 APDC (Rev. 01/22/13) Print Date: 10/16/2018 Arrest WESTMINSTER POLICE DEPARTMENT CASE I: 8200 Westminster Bldg. 5, Westminster, CA 92683 11'08917 CA0302400 Non-Criminal . Narratlve Report age 6 6 cont'd. 23152 (A) Dui Alcohol/Drugs; Misd. 20002 (A) Hit And Run:Property Damage; Misd. DATE, TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 10/09/11 15:07 Sunday 10l09/11 15:07 LOCATION OF OCCURENCE LOCATION NAME TYPE OF LOCATION BEAT SECTOR Goldenwest St, Bolsa Av Street or Highway WS 30 NARRATIVE Refer to Sgt. A. lwashita's supplemental for additional information regarding Serrano's chemical test refusal. Serrano was later cited for 23152(a) CVC-DUI. He was released after a detoxification period from WPD on citation I completed the DMV Officer's Statement form and served Serrano with his copy. An additional charge of 20002(a) CVC- Hit and run is requested to be added. Serrano's vehicle was left parked and locked at the scene with his permission. No further action taken. BY OFFICER APPROVED BY DATE APPROVED P. Walker 185 10l09/2011 23:41 Alan lwashita 154 10/10l11 OFFICER ASSIGNED TO CASE STATUS Closed Walke/185 Entered by: Paul Walker Page 6 of 6 AFDC (Rev. 01/ 22/ 1 3) Print Date: 10/ 16/2018 STATE OF CALIFORNIA FACTUAL DIAGRAM CHP 555 page of 6 DATE OF (MDL DAY YEAR) fl I (2400) Ti 8084 ?(~0qu ALL MEASUREME Ma?, 1.5-. a rm. A01 NTS ARE APPROXIMATE AND NOT TO SCALE UNLESS -N01 to scale .1 .1 1 4 T. I mmwwam-mag-mu - 51? Groweuwesir 6mm Baum Goldenwest Street LD. NUMBER ?280 MO, DAY YEAR I I NAME STATE OF CALIFORNIA NARRATIVEISUPPLEMENTAL cwsselawv-soloelm 50" one rim-moo) Mole "week 1 OFFICER "warm in: um i no It.nnt1 I NOTIFICATION: was dispatched to a call cra non-injury collision at 1507 hours. I responded from Bishop Place and Moran Slreel and arrived on scene a! l520 hours. All times, speeds and measurements in lhis invesligalion are approximate SCI-INF: At lhe scene ol'lhis collision, Goldenwest SIreel is a nonhbound/southbound cily sIreel consisling or} lanes, The roadway is straight and has a negative grade soulhbound. The surface is composed primarily ol'aspnall. Goldenwesl Slreel is inlersecled by Bolsa Avenue. Bolsa Avenue is an caslbound/weslbound city street consisting of 3 lanes. The roadway IS straight and level The surlace is composed primarily of asphalt. The intersection is signal controlled PARTIES: Party ill (Serrano) fled Ihe scene prlor my arrival. Chevrolet K1500 Driver '4 1'5 vehicle, was nol al the scene upon my arrival, Pany #2 _was located on scene. Party 2 was idenllfied by a valid CA driver's license. Subaru lmpreza Driver "2's vehicle, was localed on ils wheels. HIT AND RU Descripllon oi'suspect vehicle: Older model Chevy pickup lruck/ Lighl Blue/ License Plate -- Descriplion or suspect: Male/ Caucasian or Hispanic/Mid 40s 5'07"- 5'09"/ Brown hair/ Green Eyes/ Thin Build Who can Idenltl'y lhe suspecl: - (P2) and- (Passenger l) ENTS arty. errano, erry) stated he was "Iraveling 5/5 on the 405 freeway when slammed on his brakes in from of me." Pl said he tried to avoid the collision, but he hit P2, Pl said he wasn't going to deny colliding into the back ol'P2. Pl said he pulled over and tried to exchange inl'oi-mation with P2 bul P2 and his wile were getting aggressive. Pl said he was standing by P2's door and said "Dude, ht-rc'r my Informallon." PI sald P2 threatened a physical altercation with him, Pl said he told P2, have to leave, my daughter's in the game in Beach, here's my info, so 1 lefI." Pl said he was nol going lo slay Ihere and gel involved in a physical allercalion with". PI said he called Weslminsler PD rIghI way and said he was in an accident. lhis guy threatened him, so he lefi. "In Party-2 stated he was stopped at a red light (in the #l lane) on the overpass or Goldenwest Street at the 405 freeway traveling southbound. Pl said he just happened to looked up (Alrhis rearview minor) and saw P2's vehlcle "coming up real fasl." P2 said Pl collided Into the back ofhim as newness NAME mom muses on: I NAME i oar: IEIJDM 1" 1mm" STATE or CALIFORNIA 555 (Rev 7790) OPI m2 5 OF 6 Dale at Ttmet24no: NCIC NUMBER OFFICER ID NUMEER tum/2011 I507 aim no 11-0991 1 he waited at the light. P2 said Pl proceeded 5/13 on ooldenwest and made a left (an) turn onto Georgetown Avenue. P2 said he followed Pl and they parked along the SCL of Georgetown Avenue. P2 said Pl told him they could take care ofthe damage themselves (without getting insurance involved). P2 said he did not know what to do in this situation so he called his brother. P2 said his brother advised him to call the police. P2 stated he believed P1 "was drunk." P2 said as spoke to him, he was "slurring his words." P2 said Pl "kept saying 'I'll handle it, I'll handle it," referring to the damage to P25 vehicle. P2 said as Pl realized he had called the WPD, Pl said he could not "hang around here" and attempted to leave. P2 said rior to leaving the scene, Pl began to "get disrespectful" to his wife. P2 said his wife asked Pl for his driver's license. P2 said his wife was not being rude or yelling said something like "you're going to let your wife control you"" P2 said he told the dispatcher to get someone there quickly because P1 was starting to get rude. P2 said at that point, he opened his door with his foot in the opening between the door and the car. P2 said P1 was pushing against his door preventing him from getting out. (P2 demonstrated by leaving body against the door.) P2 said the dispatcher told him to stay in his car. P2 said Pl "wasn't trying to work it out, he was getting scary." P2 said he followed Pl on Goldenwest Street until he was advised by the WPD dispatcher not to follow P1. P2 said he was advised to wait for the officer to respond. P2 said he turned about near the Jon's Market sign (approximately 530' S/ofGeorgetown Avenue). P2 said the dispatcher then told him he could follow P1. P2 said he attempted to catch up with P1 but believed he lost P1 in the area of Golder'iwest Sueet and Edinger Avenue. P2 stated he did desire prosecution if/when Pl was located. Passenger H) seated in right front passenger seat in vehicle 2 stated following the collision they followed onto eorgetown Avenue. said she was outside ofthe vehicle when her husband spoke to Pl. said she kept telling her husband not to let Pl leave._ said as Pl kept saying "we' an is now I'll pay you." she said Pl said they should not call insurance. said she asked Pl for his ID. said she told Pl he hit them to which Pl said it was not a big deal. She said Pl again commented "let's just handle this," to which replied "no, we're calling the police." She said Pl threw a card with his information into the car. did not remember ifPl was on the driver or passenger side when this wasdone._said Pl said to herhusband you're letting your wife control you. shortly afier this exchange, Pl "took off." said when Pl returned to the scene they were advised not to look in PI '5 direction. stated before gzthis direction she noticed P1 was wearing a hat (a red baseball cap with a yellow/gold on the fionthfihid Pl had not been wearing the hat at the time ofthe collision. NAME AND I D. NUMBER DATE NAME DATE aELroN, no 1mm"