Page 1 of 4 Case Report Details Involved Incident #(s) AZ1800238888 Arizona vs. Case Agent: Case File #: Case Class: Date/Time 06/10/2018 02:28 Location 450 S Ocatillo Ave, Benson, Arizona 85602 #6284 PHILLIPS, R. C18005976 Assault and related offenses mhtml:file://\\dpsshare\Home\PS7091\Desktop\Uploads\AZ1800238888\1.1.Cover page_ ... 4/25/2019 Page 2 of 4 Victim/Witness List DPS Employees / Investigators Michael Valdez, #7625 Case agent MValdez@azdps.gov Rick Ortiz, #6760 Co-case agent ROrtiz@azdps.gov Robert Phillips, #6284 Case supervisor RPhillips@azdps.gov Eric Andrews, #7757 Crime scene agent EAndrews@azdps.gov Seth Boothe, #6113 Assisting detective SBoothe@azdps.gov Jeremy Bulger, #6754 Supervisor JBulger@azdps.gov Benjamin Buller, #5158 Assisting trooper BBuller@azdps.gov Travis Deskins, #7891 Assisting detective TDESKINS@AZDPS.GOV Adriana Marshall, #6332 Assisting detective AVMarshall@azdps.gov Timothy Mason, #4937 Supervisor TMason@azdps.gov Robert Olshaskie III, #7027 Assisting detective ROlshaskie@azdps.gov mhtml:file://\\dpsshare\Home\PS7091\Desktop\Uploads\AZ1800238888\1.1.Cover page_ ... 4/25/2019 Page 3 of 4 Property List Incident #: AZ1800238888 Item# Type Description RO1 Personal 2 Boots/shoes RO2 Machinery/tools RO3 Ammunition 1 Keys (all types) HANDCUFF KEY 19 RO4 Ammunition 1 40 RO5 19 RO6 Personal 1 Handcuffs HANDCUFFS RO7 Ammunition 19 RJO2 RJO1 RJO3 RJO4 RO8 RO8.2 RJO5 RJO6 Pistol Ammunition Ammunition Pistol Pistol Ammunition 1 40 42 40 50 9 19 1 25 7 25 1 2 MV7 AF1 MV1 MV2 MV3 MV4 MV5 Electric shock gun Computer items Entertainment Computer items Computer items Computer items Computer items Computer items Value Linked Persons Matthew Joseph Menard Matthew Joseph Menard Matthew Joseph Menard Matthew Joseph Menard Matthew Joseph Menard Matthew Joseph Menard Matthew Joseph Menard 1 Disk 1 CD/DVD 1 Disk 1 Disk 1 Disk 1 Disk 1 Disk mhtml:file://\\dpsshare\Home\PS7091\Desktop\Uploads\AZ1800238888\1.1.Cover page_ ... 4/25/2019 Page 4 of 4 MV6 MV8 Computer items Computer items 1 Disk 1 Disk mhtml:file://\\dpsshare\Home\PS7091\Desktop\Uploads\AZ1800238888\1.1.Cover page_ ... 4/25/2019 ARIZONA DEPARTMENT OF PUBLIC SAFETY SUPPLEMENTAL REPORT DR NUMBER: AZ1800238888 This is a supplemental report written Arizona Department of Public Safety (DPS) Special Investigations Unit (SIU) Sergeant Jeremy Bulger, #6754. Notification On Sunday, June 10, 2018, at approximately 0445 hours, DPS Major Crimes District (MCD) Commander Captain Tim Mason, #4937, contacted me via telephone and informed me of an officer involved incident in Benson, Arizona, where the trooper’s duty weapon was discharged during a struggle with a suspect at the Benson Hospital. Mason requested I respond to the Hospital to assist with the criminal investigation. Arrival At approximately 0951 hours, I arrived at the Benson Hospital, located at 450 South Ocotillo Avenue, Benson, Arizona. Upon my arrival, I was provided with a briefing conducting by Mason. After receiving a briefing from Mason, I was provided with an investigative update from DPS SIU Detective Eric Andrews, #7757. Andrews briefed me on the investigative actions taken by the investigative personnel on-scene. Andrews informed me DPS SIU personnel were waiting on a search warrant to be authored and signed for the suspect’s vehicle and the Benson Hospital. Investigative Actions At approximately 1300 hours, I was informed by SIU Detective Robert Olshaskie, #7027, the search warrant for the Benson Hospital was signed. I assisted Olshaskie with searching exam room 6 and exam room 7 for any items of evidentiary value. I did not locate any items during the search. See Olshaskie’s supplemental report for further. At approximately 1317 hours, I assisted Olshaskie with collecting items RO1 through RO7. Olshaskie located and collected each item of evidence while I entered the items description into the Records Management System (RMS). At approximately 1353 hours, the collection of the evidence at the Benson Hospital was complete. I remained at the Benson Hospital, in a supervisory capacity for the duration of the incident. At approximately 1730 hours, I departed the Benson Hospital and arrived at the Benson Police Department located at 360 Gila Street, Benson, Arizona. At approximately 1816 hours, I cleared the incident. This concluded my involvement in the investigation. Detective Name Sergeant Jeremy Bulger ID No. 6754 Location 31030003 Date 06/10/2018 Supervisor Captain Tim Mason, #4937 Page 1 of 1 ARIZONA DEPARTMENT OF PUBLIC SAFETY SUPPLEMENTAL REPORT DR NUMBER: AZ1800238888 This is a supplemental report written by Arizona Department of Public Safety (DPS) Border Strike Force (BSF) Detective Travis Deskins, #7891. Narrative On Sunday, June 10, 2018 at approximately 0530 hours, I received a phone call from DPS BSF Sergeant Paul Maine, #4172. Maine requested I respond to the Benson Hospital located at 450 South Ocotillo Avenue, Benson, Arizona. Maine informed me a DPS Highway Patrol (HP) Trooper had been involved in an officer involved shooting. At 0603 hours, I arrived at the hospital and was briefed by DPS HP Trooper Joshua Marotto, #10462, and DPS HP Sergeant Brian Summerfield #5709. After the briefing, I was tasked with identifying witnesses and obtaining their contact information. I contacted Benson Hospital staff and patients who were present at the time of the incident. The identified Benson Hospital staff and patients are listed below: • • • • • • • • Anita Paxton (Admission Clerk) Julie Qashu (Registered Nurse) Constance Proulx (Registered Nurse Gary Edwards (Registered Nurse) Dena Welch (Lab Technician) Trudy Marks (EMT) Ryan Howard (Doctor David Bills (Patient) After identifying the witnesses and victims, DPS BSF Detective Seth Boothe, #6113, and I were tasked with interviewing the victims and witnesses previously identified. The audio recorded interviews were conducted in a vacant examination room within the emergency room (ER). Boothe maintained custody of the recordings and was responsible for the dissemination of the recordings. At approximately 0648 hours, I spoke with Emergency Medical Technician (EMT) Trudy Marks. While speaking with Marks, I learned the following: • • • • She was positioned on the west end of the nurse’s counter at the time of the altercation with Menard She witnessed Menards disruptive behavior She witnessed Menard throw a punch at the trooper She witnessed a physical struggle between the trooper and Menard, followed by a gunshot Detective Name TRAVIS DESKINS ID No. 7891 Location 32020100 Date 6/12/18 Supervisor PAUL MAINE Page 1 of 6 ARIZONA DEPARTMENT OF PUBLIC SAFETY SUPPLEMENTAL REPORT DR NUMBER: • • • AZ1800238888 She was not able to see who had discharged the weapon from her position She immediately left the ER to the west She observed nothing further The interview was concluded at approximately 0655 hours. At approximately 0657 hours, I spoke with Registered Nurse (RN) Julie Qashu. While speaking with Qashu, l learned the following: • • • • • • • • • • • She was the primary nurse assigned to the patient (Menard) She was unable to verify injuries, due to the patient’s belligerent behavior Menard smelled of alcohol His vital signs were normal Menard complained of a shoulder injury and knee injuries, which the attending physician ruled out any injuries due to his violent behaviors The trooper left the room at which time Menard stood up and pulled the bed away from the wall She asked the trooper return to the room, Menard “got really belligerent” She entered the room adjacent to Menard’s (room seven), to retrieve gloves to assist While inside room seven she heard a loud boom, and observed a hole in the wall, which she determined was caused by gunfire She ran to the lobby, allowing Trooper Marotto access to the ER She observed nothing further The interview was concluded at approximately 0710 hours. At approximately 0715 hours, I spoke with RN Gary Edwards. While speaking with Edwards I learned the following: • • • • • • He had no direct interaction with Menard, as Menard became upset at his presence He was located at his station on the east end of the nurse’s desk near Menard’s room He was watching monitors and he heard the bed slam He stood up to see what had occurred, he observed the trooper had Menard pushed down onto the bed as he heard the shot go off He ran to the lobby, allowing Trooper Marotto access to the ER He observed nothing further The interview was concluded at approximately 0721 hours. Detective Name TRAVIS DESKINS ID No. 7891 Location 32020100 Date 6/12/18 Supervisor PAUL MAINE Page 2 of 6 ARIZONA DEPARTMENT OF PUBLIC SAFETY SUPPLEMENTAL REPORT DR NUMBER: AZ1800238888 At approximately 0723 hours, I spoke with Doctor Ryan Howard. While speaking with Howard, I learned the following: • • • • • • • • • • • He was the attending physician for Menard When Menard arrived at the ER, he exhibited disruptive behavior He attempted to calm Menard’s behavior, this was unsuccessful Menard continued his erratic behavior He medically cleared Menard for release from the hospital As he attempted to facilitate the release of Menard from hospital’s care, he witnessed a physical struggle ensued with the trooper He observed as the trooper attempted to subdue Menard who was actively resisting his attempts He heard the gunshot and immediately retreated to room three where another patient was being cared for He noted as another trooper entered the ER, he heard the trooper announce drop the weapon or I will shoot (announced a couple times) After the incident was concluded, he medically discharged Menard He observed nothing further The interview was concluded at approximately 0746 hours. At approximately 0748 hours, I spoke with RN Constance Proulx. While speaking with Proulx, I learned the following: • • • • • • She had no direct contact with Menard but overheard his disruptive behavior She observed Menard attempting to pull the stretcher towards the door The trooper wrestled with Menard to get him back onto the stretcher She was located on east end of the nurse’s desk During the altercation she heard a loud bang, which registered to her as a gunshot She cleared the area and observed nothing further The interview was concluded at approximately 0755 hours. At approximately 0756 hours, I spoke with Lab Technician Dena Welch. While speaking with Welch, I learned the following: • • • • She was called over to the ER to assist with a blood draw at the request of the doctor She was unable to complete the draw due to Menard’s behavior She was located behind the nurse’s table Menard got out of the bed Detective Name TRAVIS DESKINS ID No. 7891 Location 32020100 Date 6/12/18 Supervisor PAUL MAINE Page 3 of 6 ARIZONA DEPARTMENT OF PUBLIC SAFETY SUPPLEMENTAL REPORT DR NUMBER: • • • • AZ1800238888 Using his left arm which was secured to the table, he pulled the bed towards the door DPS HP Trooper Allen Hernandez, #10307, took control of Menard, picked him up, and put him on the bed She saw both Hernandez’s hands occupied attempting to control Menard when the weapon was discharged She cleared the area and observed nothing further The interview was concluded at approximately 0803 hours. At approximately 0804 hours, I spoke with Admission Clerk Anita Paxton. While speaking with Paxton, I learned the following: • • • She was using the restroom at the time the weapon was fired She had no direct interaction with Menard but observed his disruptive behavior prior to the gun shot She remained in the lobby and did not observe the actual altercation leading to the gunshot or following The interview was concluded at approximately 0809 hours. At approximately 0822 hours, I spoke with Benson Hospital patient David Bills. While speaking with Bills, I learned the following: • • • • He was the patient being treated in room three inside the ER He heard the disruptive behavior leading up to the gunshot but did not visibly observe any of it After the gunshot, the doctor ran into his room and he asked the doctor if Menard got the trooper’s gun, to which he was informed “yeah” Moments later he heard audible orders to “put that down” repeated twice He was still unable to visually see the altercation from his vantage point and did not note any additional commentary The interview was concluded at approximately 0829 hours. After completing the interviews, I traveled to the AZDPS office in Benson, where I met with DPS HP Trooper Woolley, #6519. Woolley informed me a search warrant for Matthew Menard’s blood had been obtained and he is a certified phlebotomist. Woolley advised he was going to perform the blood draw on Menard. Detective Name TRAVIS DESKINS ID No. 7891 Location 32020100 Date 6/12/18 Supervisor PAUL MAINE Page 4 of 6 ARIZONA DEPARTMENT OF PUBLIC SAFETY SUPPLEMENTAL REPORT DR NUMBER: AZ1800238888 Trooper Wooley and I traveled to the Benson Police Department (BPD), located at 360 S. Gila Street in Benson, Arizona, and made contact with Menard. Wooley informed Menard a search warrant for his blood had been obtained. Menard was secured within a restraint chair and Woolley withdrew two tubes of blood from Menard’s left arm. The blood draw was performed without incident. Please refer to Wooley’s supplemental report for additional information regarding the blood draw. Upon my return to the AZDPS office in Benson, Det. Boothe and I completed the Victims’ Rights forms pertaining to the investigation. I was responsible to serve Victims’ Rights to Summerfield, Marotto, and Hernandez. Boothe issued Victims’ Rights forms to the hospital staff. Refer to Boothe’s supplemental report for further information. DPS Special Investigations Unit (SIU) Detective Michael Valdez, 7625, requested Boothe and I travel to the BPD to conduct a recorded interview with Menard. At approximately 1311 hours, I read Matthew Menard his Miranda rights verbatim from a card I keep on my person. I asked Menard if he understood his rights to which he answered “yes.” During the interview, Menard stated the following: • • • • • • • • • • • • • • • • He was working on his car. While he and a friend (Harold, unknown last) were test driving the car it pulled hard to the left and jumped a curb He walked to the Quick Pick to request assistance When he returned, he noted HP and a tow truck were on-scene He was asked to perform field sobriety tests, which he felt he passed The trooper attempted to arrest him for driving under the influence and he resisted During the altercation on the side of the road, he was tased While at the hospital, he pulled the bed towards the door. After he pulled the bed towards the door, the trooper tackled him onto the bed He was attempting to get the trooper off him when the gun went off He did not know if he caused the gun to fire as it happened during a struggle He was hugging the trooper, grabbing ahold of his gun belt in an attempt to free himself from his grasp The .25 caliber handgun inside the vehicle belonged to him. He purchased the firearm for his wife for personal protection He also owns other firearms as he is an avid hunter When asked about the .25 caliber, he stated if he wanted to shoot someone, he would have used his .40 When asked about guns, he stated he put the .25 in the glove box as “tweeker” deterrent He owns an older model .22 caliber rifle He owns a .243, some .12-gauge shotguns, and some other handguns Detective Name TRAVIS DESKINS ID No. 7891 Location 32020100 Date 6/12/18 Supervisor PAUL MAINE Page 5 of 6 ARIZONA DEPARTMENT OF PUBLIC SAFETY SUPPLEMENTAL REPORT DR NUMBER: • • • AZ1800238888 He is not restricted from owning firearms He is an avid hunter. He works on guns and shoots them frequently He resides at I asked Menard if he had any questions for me. Menard asked what he was being charged with. I informed him he was being charged with aggravated assault at a minimum. Menard informed he disagreed with the charges. Menard stated he would have understood the driving under the influence charge and maybe one resisting arrest charge. He stated he did not understand the other charges. After completing the interview, I returned to the AZDPS office in Benson and made contact with the Detective Valdez. I informed Valdez about the information obtained during the interview with Menard. Valdez informed me Matthew Menard was convicted of felony offenses and as such is a prohibited possessor of a firearm. I was asked to conduct follow-up investigation regarding the firearms located at Menard’s place of residence. During the follow-up investigation, a residential search warrant was obtained for his place of residence at For more information please refer to AZ1800240560. No Further Information Detective Name TRAVIS DESKINS ID No. 7891 Location 32020100 Date 6/12/18 Supervisor PAUL MAINE Page 6 of 6 ARIZONA DEPARTMENT OF PUBLIC SAFETY SUPPLEMENTAL REPORT DR NUMBER: AZ1800238888 This is a supplemental report written by Arizona Department of Public Safety (DPS) Border Strike Force (BSF) Detective Seth Boothe, #6113. On Sunday, June 10th, 2018, at approximately 0532 hours, I received a call from DPS BSF Sergeant Paul Maine, #4172. Maine called me in reference to an officer involved shooting which had occurred at the Benson Hospital located at 450 S. Ocotillo Avenue, Benson, Arizona. I was advised by Maine to assist with securing the scene. I responded to the hospital arriving at approximately 0632 hours. Upon arrival, I met with DPS BSF District Commander Captain Benjamin Buller, #5158. Buller and I entered the hospital and went into the Benson Hospital’s Emergency Room (ER). Upon entry, I spoke with DPS HP Trooper Bobbie Woolley, #6519. Woolley advised there was an unexpended round and handcuff key sitting on the counter of the room which was taped off. The room taped off should have been room #6. He said the round and key were found on the bed under the suspect, who was identified as Matthew Menard. The unexpended round and handcuff key where located when they removed him to transport him to Benson Police Department, (BPD). I stood by in the main area near the nurse’s station awaiting assignment. At approximately 0640 hours, Nurse Lucy Harrison arrived and entered the area for her shift. At Approximately 0643 hours, Dena Welch, a Medical Lab Tech, left and went back to the lab awaiting her interview. Trudy Marks from Healthcare Innovations Inc, (HCI), entered the area at approximately 0646 hours. Marks was checking to see if she was needed and if she was going to be interviewed. Buller tasked DPS BSF Detective Travis Deskins, #7891, and I with interviewing the hospital staff whom were present during the incident. Deskins and I used Room #8 within the facility to conduct the interviews. Room #8 was a smaller room with minimal equipment and a bed. It appeared to not be used for emergency services. The interviews were audio recorded. The following is a list of start times and the individuals interviewed; • • • • • • • • 0648: 0657: 0715: 0723: 0748: 0756: 0804: 0822: Detective Name Det. S. Boothe Trudy Marks / EMT with HCI Julie Qashu / RN Gary Edwards / CNA-Monitor Tech Ryan Howard / Doctor Constance Proulx, “Connie” / RN Dena Welch / Medical Lab Tech Anita Paxton / Admitting Clerk David Bills / Patient from RM# 3 ID No. 6113 Location 32020100 Date 06/13/2018 Supervisor Sgt. P. Maine #4172 Page 1 of 4 ARIZONA DEPARTMENT OF PUBLIC SAFETY SUPPLEMENTAL REPORT DR NUMBER: AZ1800238888 During the course of the interviews, everyone was consistent with the fact Menard was belligerent and cursing from the time he came into the ER until the time he had left the ER. Multiple staff members said Menard had stood up at least one time prior to DPS HP Trooper Allen Hernandez, #10307, confronted him. When Menard was confronted, he had stood up and pulled the bed he was handcuffed to towards the doorway. Hernandez entered the room to secure Menard. Welch stated she saw both of Hernandez’ hands holding Menard down during the altercation. Welch’s view of the full altercation would have been blocked by Trooper Hernandez’ position. When the shot was fired, Registered Nurse (RN) Qashu was in room seven retrieving gloves. Room #7 was directly next to the hospital room Menard was in. Doctor (Dr.) Howard was just outside of the door of the room Trooper Hernandez and Menard were in. This would put him next to Room #5 without a clear view into the room. RN Proulx and Edwards were at the end of the nurse’s station nearest room seven and Welch was near the center of the nurse’s station with a view of the room Hernandez and Menard were in. When the round was fired, it appeared to have traveled through the wall between room #6 and #7. It appeared to continue through the open door of room #7 and struck the corner to the right of the main entrance, where it came to rest. I did not take measurements or mark the path of the round. The path it appeared to have taken would have been within the width of the walkway between room #7 and the end of the nurse’s station closest to where RN Proulx and Edwards were positioned. RN Qashu would have been with in the closest proximity in room #7. Dr. Howard said, he had medically cleared Menard prior to his release. Menard had complained of asthma, leg pain, and shoulder pain. Menard’s oxygen levels were fine. Menard was able to place full weight on both legs multiple times and had moved the injured arm freely multiple times. The interviews with the medical staff and patient were completed at approximately 0829 hours. Following the interviews, Deskins, DPS Special Investigations Unit (SIU) Detective Michael Valdez, #7625, and I went back to the ER. Once in the ER, a briefing was conducted, and I was redirected to the DPS office in Benson, Arizona, off of N. Adams St. I left the hospital at approximately 0905 hours and arrived at the DPS office at approximately 0914 hours. At approximately 0922 hours, I was advised by DPS HP Trooper Martin Tapia, #4015, the tow company had located a .25 caliber handgun in the glove box of the vehicle Menard was driving. I confirmed the call from the tow company, which Trooper Tapia told me about, was made at Detective Name Det. S. Boothe ID No. 6113 Location 32020100 Date 06/13/2018 Supervisor Sgt. P. Maine #4172 Page 2 of 4 ARIZONA DEPARTMENT OF PUBLIC SAFETY SUPPLEMENTAL REPORT DR NUMBER: AZ1800238888 approximately 0517 hours. I remained at the office until approximately 1010 hours, when Tapia and I went to the Benson Hospital to retrieve Hernandez’ patrol car. I returned to the DPS office in Benson at approximately 1019 hours with the patrol car. Upon returning to the DPS Benson office, I began to fill out the Victim’s Rights forms for the hospital staff. The Victim’s Rights forms were given to Valdez. After giving Valdez the forms, he requested Deskins and I go to the BPD and interview Menard. Valdez and another detective were still interviewing the troopers involved in the incident. At approximately 1309 hours, Deskins and I arrived at the BPD. Menard was secured in their holding cell. Deskins removed Menard from the holding cell and escorted him into the interview room. The interview was audio recorded. Deskins advised Menard of his Miranda Rights at approximately 1311 hours. Menard acknowledge he understood his rights by responding, “Yes”. During the interview Menard informed us of the following; • • • • • • • • • • • • • He was in a car and test driving it. The car pulled hard to the left and he jumped the curb. His friend Harold (unknown last name) was with him at the time. He went to the Quick Pick for help and returned to a tow truck and DPS trooper being there with his vehicle. He said he passed the Field Sobriety Test’s (FST’s) with flying colors and the trooper attacked him. The trooper informed him he could smell the odor of an alcoholic beverage emitting from his person. Admitted to standing and pulling the bed to the door to ask to use the phone. Admitted to being involved in an altercation on the side of the road with Sgt. Summerfield. Menard said he was tased at least one time at the arrest location. Menard said he was thrown into a car on the floor and was not taken to the hospital in an ambulance. He also said he entered the hospital on a stretcher. Menard said during the altercation with Hernandez, he was not sure if he fired the gun. He did admit to hugging Hernandez and reaching for things to get him off. He admitted to the handgun being in the glovebox. Said he didn’t know what he had in his hand during the altercation at the hospital, with Trooper Hernandez. Menard said the items he was grabbing at during the altercation, to get Trooper Hernandez away, felt like an ammo bag and later during the interview he said a can of pepper spray. Detective Name Det. S. Boothe ID No. 6113 Location 32020100 Date 06/13/2018 Supervisor Sgt. P. Maine #4172 Page 3 of 4 ARIZONA DEPARTMENT OF PUBLIC SAFETY SUPPLEMENTAL REPORT DR NUMBER: AZ1800238888 The interview was ended at approximately 1407 hours. Menard was placed back in the holding cell at the BPD. DPS HP Trooper Jon Drummond, #4231, remained with Menard at the BPD. Following the interview with Menard. I returned to the DPS office in Benson. I transferred the audio recorded interview files directly to a Universal Serial Bus (USB) thumb drive provided by DPS SIU Detective Rick Ortiz, #6760. The USB was turned over to Ortiz at approximately 1431 hours. After Ortiz received the USB, I was released from the investigation. This concluded my involvement. Detective Name Det. S. Boothe ID No. 6113 Location 32020100 Date 06/13/2018 Supervisor Sgt. P. Maine #4172 Page 4 of 4 ARIZONA DEPARTMENT OF PUBLIC SAFETY SUPPLEMENTAL REPORT DR NUMBER: AZ1800238888 This report is authored by Arizona Department of Public Safety (DPS), Special Investigations Unit (SIU) Detective Eric Andrews, #7757. Notification On Sunday, June 10, 2018, at approximately 0525 hours, I was contacted by DPS SIU Sergeant Jeremy Bulger, #6754, via telephone. Bulger advised an officer-involved shooting had recently taken place in Benson, Arizona, and the DPS SIU had been requested to investigate the incident. Bulger requested I respond to the Benson Hospital located at 450 South Ocotillo Avenue, Benson, Arizona. As the acting Sergeant of SIU Squad One, Bulger requested I contact the rest of the squad to find out who was available to respond. I contacted SIU Detectives Mike Valdez, #7625, Robert Olshaskie, #7027, and Rick Ortiz, #6760, and requested they respond to the Benson Hospital as well. Arrival At approximately 0815 hours, I arrived at the Benson Hospital. Upon my arrival, I entered the facility through the north ambulance door and entered the emergency room. Inside the emergency room, across two rooms on the east wall labeled as rooms six and seven, I observed yellow police tape blocking entry to the two rooms. I met with DPS Major Crimes District Captain Tim Mason, #4937, who stated we would wait for additional detectives to arrive before beginning the investigation. Briefing At approximately 0840 hours, DPS Border Strike Force Captain Benjamin Buller, #5158, conducted a briefing for all investigative personnel on scene. Refer to the DPS SIU Detective Mike Valdez’s, #7625, investigative report for further details on information given during this briefing. SIU Briefing Immediately following Buller’s briefing, Mason conducted the SIU briefing. In the briefing, I was assigned as the lead crime scene detective. Refer to Valdez’s investigative report for further details regarding the DPS SIU Detective assignments. Detective Name Eric Andrews ID No. 7757 Location 31030100 Date 06/18/2018 Supervisor Sergeant Robert Phillips, #6284 Page 1 of 2 ARIZONA DEPARTMENT OF PUBLIC SAFETY SUPPLEMENTAL REPORT DR NUMBER: AZ1800238888 Investigative Actions At approximately 0954 hours, I took overall photographs of the scene. The photographs included pictures of the exterior of the hospital as well as photos of the waiting room, Emergency Department and patient rooms six and seven. At approximately 1316 hours, due to unexpected illness, I departed the scene. I did not engage in any other investigative actions after taking scene photographs. This concludes my involvement in this incident. Detective Name Eric Andrews ID No. 7757 Location 31030100 Date 06/18/2018 Supervisor Sergeant Robert Phillips, #6284 Page 2 of 2 ARIZONA DEPARTMENT OF PUBLIC SAFETY SUPPLEMENTAL REPORT DR NUMBER: AZ1800238888 This report is authored by Arizona Department of Public Safety (DPS), Special Investigations Unit (SIU), Detective Robert Olshaskie, #7027. Notification On Sunday, June 10, 2018, at approximately 0530 hours, I Arizona Department of Public Safety (DPS), Special Investigations Unit (SIU), Detective Robert Olshaskie was contacted by DPS SIU Detective Eric Andrews, #7757, via telephone and requested to respond to the Benson Hospital located at 450 South Ocotillo Road, in Benson, Arizona, to assist with an officer-involved shooting investigation. Response/Arrival At approximately 1014 hours, I arrived on scene. I entered the emergency room and observed yellow police tape was strewn across the doorway to exam rooms number six and seven. I observed a command post was established in exam room number five. SIU Briefing At approximately 1025 hours, I was briefed on the incident by Andrews. Andrews stated he was assigned as the Lead Crime Scene investigator and I was assigned as the Co-Crime Scene investigator. For further details regarding the briefing, refer to the investigative report authored by SIU Detective Michael Valdez, #7625. Investigative Actions At approximately 1300 hours, DPS SIU Sergeant Jeremy Bulger, #6754, and I received Search Warrant #2018-006072, signed by the Honorable Tracy Nadzieja of the Maricopa County Superior Court, and began to process the scene at approximately 1315 hours. The search was completed at approximately 1420 hours. Seven items of evidence were collected and labeled as Evidence Items RO1 through RO7. I later placed the evidentiary items into evidence at the DPS Central Regional Crime Lab (CRCL), located at 2323 North 22nd Avenue, Phoenix. At approximately 1430 hours, DPS SIU Captain Timothy Mason, #4937, and I went to the Mobile Maintenance and Towing, located at 98 Center Way, Benson, Arizona, to recover a handgun. The handgun had been located inside the vehicle by the tow truck operator. Search Warrant #2018-006072 included the vehicle which was identified as a Honda Passenger car Detective Name Robert Olshaskie ID No. 7027 Location 31030100 Date 6/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 1 of 2 ARIZONA DEPARTMENT OF PUBLIC SAFETY SUPPLEMENTAL REPORT DR NUMBER: AZ1800238888 bearing Arizona license plate number CFA9576 and VIN# 1HGEJ6128WL078492. The search warrant was signed by the Honorable Tracy Nadzieja, of the Maricopa County Superior Court. During the search, I located a loaded .25 Caliber handgun in the glove compartment. The gun was labeled as Evidence Items RO8 through RO8.2 and placed into evidence at the DPS (CRCL). At approximately 1619 hours, I departed the scene and drove to the CRCL. At approximately 1826 hours, I placed all evidence items into locker #31 at the CRCL for safekeeping. Tuesday, September 18, 2018 At approximately 1205 hours, I assisted Valdez with conducting an audio recorded interview via telephone with Dena Welch. The interview was concluded at approximately 1222 hours. For information regarding the interview refer to Valdez’s investigative report. At approximately 1253 hours, I assisted Valdez with conducting an audio recorded interview via telephone with Trudy Marks. The interview was concluded at approximately 1312 hours. For information regarding the interview refer to Valdez’s investigative report. This concluded my involvement in this case. Detective Name Robert Olshaskie ID No. 7027 Location 31030100 Date 6/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 2 of 2 ARIZONA DEPARTMENT OF PUBLIC SAFETY INBOUND EVIDENCE RECEIPT SUBMISSION INFORMATION Evidence Relinquished By: Agency: Arizona Department of Public Safety ANDREWS, #7757, ERIC PIN Entered Evidence Received By: Agency: Central Regional Crime Laboratory DOUG MYERS PIN Entered Date Time: 06/12/2018 14:04 Aqencv Case Aqencv Evid Lab Case Description AZ1800238888 RJ01 A21800238888 Envelope Ammunition Center fire A21800238888 R102 A21800238888 Box (R302) FNH USA LLC Pistol Automatic action RJ03 A21800238888 Envelope (RJO3) Ammunition Center fire A21800238888 RJ04 A21800238888 Box (R304) FNH USA LLC Pistol Automatic action A21800238888 RJ05 Envelope (RJOS) A21800238888 RJ06 A21800238888 Envelope (R106) Electric shock gun Taser AZ1800238888 R02 A21800238888 Envelope (R02) Machinery/tools Keys (all types) HANDCUFF KEY A21800238888 R03 A21800238888 Envelope (R03) Ammunition Center fire A21800238888 R04 Envelope (R04) Ammunition Center fire R05 A21800238888 Envelope (R05) A21800238888 R06 A21800238888 Envelope (R06) PEERLESS Personal Handcuffs HANDCUFFS A21800238888 R07 A21800238888 Envelope (R07) Ammunition Shell casing A21800238888 R08.2 Envelope (R08.2) Ammunition Center fire A21800238888 R08 A21800238888 Box (R08) Pistol Bolt action Total Package Count: 14 Page 1 of 1 ARIZONA DEPARTMENT OF PUBLIC SAFETY INBOUND EVIDENCE RECEIPT SUBMISSION INFORMATION Evidence Relinquished By: Agency: Arizona Department of Public Safety ANDREWS, #7757, ERIC PIN Entered Evidence Received By: Agency: Central Regional Crime Laboratory DOUG MYERS PIN Entered Date &Time: 06/12/2018 14:12 Aqencv Case Aqencv Evid Lab Case Description A21800238888 R01 A21800238888 Box (R01) MERRELL Personal Boots/shoes Total Package Count: 1 Page 1 of 1 DATE: June 26, 2018 TO: Todd Whittard, #4824 FROM: Detective Michael Valdez, #7625 SUBJECT: FIREARMS EXAMINATION, DPS DR AZ18238888 FOR: Action Decision Information Signature Mr. Whittard, The following is a list of analysis I’m requesting in regards to evidence collected from an officerinvolved shooting, which occurred in Benson, Arizona, on 06-10-2018. The shooting involved two Department of Public Safety Troopers. I am respectfully requesting the following analysis be completed on the following items: Weapons Function Test: 1. RJO2 – FNH FNS Long Slide .40 caliber handgun, serial #GKU0121801. 2. RJO4 – FNH FNS Long Slide 9-millimeter handgun, serial #GKU0139346. 3. RO8 -- GT27 Pistol .25 Caliber, serial #MI97374 I would like the opportunity to discuss details regarding the investigation with you prior to the testing. Please contact me at your earliest convenience. Thank you. Detective Michael Valdez, #7625 Arizona Department of Public Safety Criminal Investigations Division Special Investigations Unit mvaldez@azdps.gov Cell: ARIZONA DEPARTMENT OF PUBLIC SAFETY SUPPLEMENTAL REPORT DR NUMBER: AZ1800238888 This supplement was authored by Arizona Department of Public Safety (DPS) Special Investigations Unit (SIU) Detective Rick Ortiz, #6760. On Sunday, June 10, 2018, at approximately 0557 hours, I was contacted by SIU Detective Eric Andrews, #7757. Andrews informed me of an officer involved shooting at the Benson Hospital. Arrival/ SIU Briefing At approximately 0916 hours, I arrived at the Benson Hospital, located at 450 South Ocotillo Avenue, Benson, Arizona, 85602. An SIU Briefing was given by the Major Crimes District Commander, Captain Timothy Mason, #4937. I was assigned as the co-case detective for the investigation. SIU Detective Michael Valdez, #7625, was assigned as the case detective. For the complete briefing, refer to Investigative Report. Investigative Actions Valdez and I traveled to the DPS Benson office located at 2599 East Tacoma Street, Sierra Vista, Arizona. I authored an Affidavit in support of a Search Warrant for the Benson Hospital as well as a vehicle located at the Mobile Maintenance and Towing LLC, located at 98 North Center Way, Benson, Arizona. Search Warrant #2018-006072, was signed by the Honorable Tracy Nadzieja of the Maricopa County Superior Court. I assisted Valdez with conducting interviews with DPS Trooper Joshua Marotto, #10462, Allen Hernandez, #10307, Bobbie Woolley, #6519, Brent Haymore, #7670, and DPS Sergeant Brian Summerfield, #5709. For further information, refer to Investigative Report. I assisted Valdez with the collection of Marotto, and Hernandez’ pistols as evidence. All evidence was turned over to SIU Detective Robert Olshaskie III, #7027. For further refer to Olshaskie’s supplemental report On Wednesday, June 13, 2018, I returned Search Warrant #2018-006072 along with an inventory to the Maricopa County Superior Court. This concluded my involvement with the investigation. Detective Name Rick Ortiz ID No. 6760 Location 31030100 Date 6/10/18 Supervisor Sergeant Robert Phillips, #6284 Page 1 of 1 ARIZONA DEPARTMENT OF PUBLIC SAFETY SUPPLEMENTAL REPORT DR NUMBER: AZ1800238888 On Sunday, June 10, 2018, at approximately 0534 hours, I, Arizona Department of Public Safety (DPS), Criminal Targeting Unit (CTU), Detective Adriana Marshall, #6332, was contacted by DPS CTU Sergeant Paul Maine #4172. I was advised to travel to the Benson Hospital to assist with scene security for an officer involved shooting. At approximately 0653 hours, I arrived at the Benson Hospital located at 450 S. Ocotillo Avenue in Benson, Arizona. I contacted DPS Captain Benjamin Buller, #5158, who advised for me to relieve DPS Patrol Trooper Bobbie Woolley, #6519, of the Incident Command System Log position. I continued to document names, notate entry, and exit times for the remainder of the time until I was relieved at approximately 1354 hours. This concluded my involvement in the investigation. Detective Name Adriana Marshall ID No. 6332 Location 32020100 Date 07/02/2018 Supervisor Sergeant Paul Maine, #4172 Page 1 of 1 Supplemental Report Incident Number: AZ1800238888 Author: #5158 BULLER, B. Over View: This supplement has been prepared by Arizona Department of Public Safety (DPS) Captain Benjamin Buller, #5158, to document his participation as Incident Commander during an investigation involving a DPS Trooper who was involved in a physical altercation where his firearm was discharged. On June 10, 2018, Captain Buller assisted with an investigation involving a physical altercation at the Benson Hospital between Trooper Hernandez and Matthew Menard, who was under arrest, which resulted in the discharge of Trooper Hernandez’ handgun. Because of the incident, Captain Buller responded to the scene and acted as the Incident Commander, managing the crime scene, requesting, and deploying resources, and ensuring the activities at the scene were documented, working closely with personnel on scene. The specific relevant direction given by Captain Buller during the investigation is documented in a CAD report and on an Incident Command Log, which was provided to DPS Special Investigations Unit (SIU) Detectives. Incident Command: On June 10, 2018, at approximately 0540 hours, Captain Buller received a telephone message from Captain Mason, and was notified Trooper Hernandez had been involved in a physical altercation at the Benson Hospital which resulted in the discharge of Trooper Hernandez’ handgun. Captain Buller, who was at his residence responded to the scene. Once on scene, Captain Buller assumed Command, acting as the Incident Commander. Upon his arrival, Captain Buller observed several DPS Troopers and vehicles in the parking lot of the Hospital. Captain Buller received a briefing from Sergeant Summerfield and learned some preliminary information about the incident. Captain Buller walked the scene, and found DPS Trooper Bobbie Woolley #6519, acting as scribe. As the scene was secured, Captain Buller remained on scene until the case was turned over to the AZDPS Special Investigations Unit, to support the investigation and ensure command and control. The directives given by Captain Buller are documented on the Incident Command Log and in the CAD report. NFI Incident Number: AZ1800238888 Author: #5158 BULLER, B. Supplemental Report Continued Page 2 of 2 CRIMINAL INVESTIGATION DR # AZ1800238888 ARIZONA DEPARTMENT OF PUBLIC SAFETY AGGRAVATED ASSAULT/ ATTEMPTED HOMICIDE COMPILED BY: THE ARIZONA DEPARTMENT OF PUBLIC SAFETY SPECIAL INVESTIGATIONS UNIT DETECTIVE MICHAEL VALDEZ, #7625 2102 WEST ENCANTO BOULEVARD PHOENIX, ARIZONA 85009 INTERVIEW WITH OFC. JOSHUA MAROTTO Interviewer: Det. Michael Valdez 06-10-18/11:23 am Case # AZ1800238888 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 INTERVIEW WITH OFC. JOSHUA MAROTTO Q=Det. Michael Valdez Q1=Det. Rick Ortiz Q2=(Michael Pang) A=Joshua Marotto Q: Okay, today’s date is Sunday, June 10. It’s approximately 11:23. I’m Detective Michael Valdez, Badge Number 7625, with the Arizona Department of Public Safety, Special Investigations Unit. Currently sitting with me is Detective... Q1: (Rick Ortiz), uh, Badge Number 6760. Q: This is in reference to an Arizona Department of Public Safety Report Number AZ1800238888, an officer-involved shooting, which occurred at the Benson Hospital located at 450 South Ocotillo Avenue. This occurred on the 10th day of June (06-10-18) at approximately 0048 hours to 0049 hours in Emergency Room 6. We are interviewing... A: Trooper Marotto - Joshua Marotto. Q: And for the record, can you say and spell your name, please? A: Joshua -- J-O-S-H-U-A, Marotto -- M-A-R-O-T-T-O. Q: All right, and your Badge Number, please? A: 10462. Q: And also present is... Q2: Uh, Attorney (Michael Pang) from the Law Firm of Yen, Pilch and Landeen, attorney for Trooper Marotto. Q: Okay. Um, and just so you understand this is a voluntary interview. Just, uh, lookin’ to get your side of the story. Um, and before we begin, were you present at this location when the incident occurred? INTERVIEW WITH OFC. JOSHUA MAROTTO Interviewer: Det. Michael Valdez 06-10-18/11:23 am Case # AZ1800238888 Page 2 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 A: I was. Q: Okay, go on, um, go ahead and tell me what happened. A: Okay, we were, um, I was in Wilcox and I was dispatched to a vehicle collision here in Benson. There were no other units available. Uh, we arrived and were dealing with that collision when another collision was called out at milepost 297 westbound. Um, Sergeant, uh, Summerfield 920 signed on and was coming out to assist us with our first collision, when he then diverted and went to 297. Uh, I could hear over the radio after he was out on-scene for a few minutes that, uh, it was a possible, uh, DUI, DWI. Um, not too long after that he called for additional units to respond to help him, uh, that he was, uh, fighting with the subject. Uh, we were unable to leave the scene, um, he then had, um, and while he was in route to the collision. He called for, um, he called out a Trooper that was at home, um, and by the time he called for his assistance, uh, Trooper’s roughly, uh, already in route. Um, once he arrived they apprehended the subject and took him to Benson Hospital. Um, Sergeant Summerfield then came out to my scene and, uh, I assisted with moving a patrol car that was left at the other collision to the hospital, so I drove, um, a vehicle from 9, uh, 297 to Benson Hospital. Upon arrival there I walked inside to give the Trooper his keys. Um, I could hear the subject was, um, being pretty belligerent with the Trooper speakin’ with him. Um, he was handcuffed to the bed. Uh, we walked back out to, uh, the patrol cars in the parking lot, um, to begin a search warrant for blood on the subject. Trooper Hernandez advised us via car-to-car that the hospital had, um, medically released him for incarceration, so I went inside to assist, uh, Hernandez with bringin’ him out to the patrol vehicle, so we could transport him. Q: And so initially Trooper Hernandez was the one that was inside that you are referencing? A: Correct. Q: Okay. A: And he was in there alone... Q: Okay. A: ...at that time. Q: Okay. A: Um, upon makin’ entry into the Benson Hospital, uh, to control the access INTERVIEW WITH OFC. JOSHUA MAROTTO Interviewer: Det. Michael Valdez 06-10-18/11:23 am Case # AZ1800238888 Page 3 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 door you have to get buzzed in, or have a (mag) key. I don’t have a (mag) key. Um, I was leaning towards the window for the, uh, receptionist or nurse behind it. When I could see even at that time, lots of smoke, um, in the back area around the patients, and, um, where I had been previously, where I dropped off the keys with the Trooper which was near the suspect, um, it was almost immediately as I was lookin’ through the glass I saw the smoke, and then nurses were running towards the controlled access door to exit. They were yelling at me, um, “The Trooper needs help, something was shot.” Um, I ran into the room to see what was goin’ on, and I immediately saw Trooper Hernandez holding, um, the suspect’s hand, and the suspect also had Trooper Hernandez’s gun in his hand. Um, Trooper Hernandez had the gun and hand mostly pinned to the hospital bed, but the barrel was facing me - facing and pointing at me as I entered through the doorway into the hospital room. Um, I then went to Hernandez’s right side to try and control the suspect’s upper body. Um, I immediately just kinda put my thumb as far into his, uh, mandibular angle as I could, um, I didn’t throw any strikes at that time. Um, I just sunk my thumb in as hard as I could. Um, the suspect then started responding, “I have asthma, are you really gonna fuckin’ choke me out right now?” Um, I yelled for - radioed for 1091 over the radio. I drew my weapon and put it to the suspect’s left, uh, upper rib area. Um, it was bare to his flesh. Um, he either didn’t have a shirt on, or it was moved up quite a bit during the scuffle, but I know I was pressed up against his flesh. Um, I put the barrel up against him ‘cause I knew that Hernandez was in the room as well, and I didn’t want Hernandez to possibly get injured or get in the way of me firing the weapon. Um, Hernandez was still giving him commands to drop the weapon, they were still struggling with it at that time. Uh, it was - after viewing the cad logs I could see that it was only a minute apart, basically, from the time that I entered the room to when, um, I had already holstered and told them that shots had been fired from Hernandez’s weapon, but it felt, like, quite a long time. Um, even though I took all of those steps, um, from applying the - my thumb into his neck, calling for a 1091, putting the gun to his back, um, I had it pressed into his skin so tightly though that it, uh, took my gun out of battery and so when I did pull the trigger it did not fire. Um, I pulled the gun away I tap racked, and at that time, um, Hernandez was sayin’, “Holster, holster.” Uh, that he had basically, um, uh, was able to get the gun from the suspect’s hand. Um, I don’t know if the suspect had let go or what occurred, but the weapon was free of the suspect. I holstered at that time, um, and put out that, uh, shots were fired. And, um, not much longer after that, uh, Troopers from the parking lots had entered the room and began to control the suspect. Um, I allowed them to basically maintain control of the suspect. I released my control and walked out of the, um, suspect’s hospital room, basically, just right into the immediate hallway, um, to kinda of separate myself from the incident. Q: Did you, uh, take part in takin’ the suspect into custody again? INTERVIEW WITH OFC. JOSHUA MAROTTO Interviewer: Det. Michael Valdez 06-10-18/11:23 am Case # AZ1800238888 Page 4 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 A: Um... Q: Did you hand- - help handcuff the suspect... A: No. Q: ...or... A: No. Q: And, uh, prior to all that, when you were in the waiting room did you - did you hear or see, uh, any of the gunshots? A: I did not hear the gunshot. Um, I don’t know if the window for the receptionist is bulletproof or soundproof or anything. I didn’t hear it, but I saw and I could visually see that there was, um, that hallway - it’s not really a hallway it’s a very quick hallway into patient rooms. Um, I could see that the whole area was filled with smoke, and I could see by the looks on their faces that something was definitely wrong. And then as I said they, uh, were running for that controlled access door. Q: Rick… Q1: Um, real quick going back to before you left the hospital the first time you said he was bein’ belligerent. What was he sayin’? A: So, um, he was saying, um, uh, Trooper Haymore was in there speaking with him, um, I could hear he was very mono-toned, very calm. I believe that we were trying to, um, and I don’t know for sure, but I believe from what I could hear, because again he was being a little, uh, you know, just calm and quiet, um, and I was out in the hallway. It sounded as though we were attempting to gain, um, consent for a blood draw to begin with, um, so Trooper Haymore was tryin’ to build some rapport and get that done. Uh, but he was yellin’ that, um, “Your boss violated my civil rights. He arrested me for nothing. I passed the fucking DUI test. Um, uh, and then he assaulted me by tryin’ to arrest me,” something to that effect. Q1: Uh, and then after you finally get in after the shot was fired and all the smoke and the nurses let you in after you finally get in, um, can you describer very specifically what you saw as soon as you turned that corner into the room? A: So the - the way the hallway is set up, the s- - room that the suspect was in is the, um, last one on the right. So as I’m comin’ down the hallway I can kinda get, um, a slice in the pie, if you will. You can kinda see into the room before INTERVIEW WITH OFC. JOSHUA MAROTTO Interviewer: Det. Michael Valdez 06-10-18/11:23 am Case # AZ1800238888 Page 5 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 you’re entering and, um, I can see that the suspect is still on the bed. Um, he has his left hand handcuffed to the hospital bed, but the right hand has the weapon and it’s pointed out towards all of the other, uh, nursing staff and again, in order for me to break through the threshold I had to cross in front of the weapon while it was pointed at me. And then Hernandez had his hand on top of it, um, and then I moved to the top of the suspect at that time. Q1: Okay, um, what is a 1091? A: A 1091 is a, um, a Trooper request for immediate assistance and they need an urgent response. Um, basically, a dire situation and they need help now. Q1: And why did you feel the need to call a 1091? A: Because we were struggling with the suspect. Um, I didn’t know if Trooper Hernandez or any of the other staff had been shot, or even the suspects. I could, uh, tell by the smoke and by the nurses telling me something was shot, I didn’t know even at that time if it was a taser or a gun, but, again, the visualization from the smoke and seeing them, uh, fighting over the gun definitely just reaffirmed that, uh, it was a gunshot. So, um, again, not knowing who was hurt, if anyone, um, if - I didn’t know if his gun was still operable or inoperable. Um, I was in fear that another round may go off, so I requested for immediate assistance to hopefully, uh, get the gun from the suspect and, uh, you know, stop any potential harm. Q1: And you said during the struggle you’re taking your gun out, put the gun on the suspect’s chest and you pull the trigger. A: Uh, not - not so much to his chest, it was more of his, um, like, his upper left rib - more towards the back than the front. Q1: Okay. A: ‘Cause he was - he was sitting up on the bed, uh, by that time, and he was more like this, so I was up towards this area, ‘cause that’s what was exposed, which would be, like, the high right back, uh... Q1: Okay. A: ...rib area. Q1: Um, why did you pull the trigger? A, So, again, based on he was still struggling with the weapon, it had already been discharged once. Hernandez was still giving out the commands, “To INTERVIEW WITH OFC. JOSHUA MAROTTO Interviewer: Det. Michael Valdez 06-10-18/11:23 am Case # AZ1800238888 Page 6 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 drop the weapon, drop the weapon. He’s got my gun.” Um, I had no idea if it was gonna go off again, or if one of us were gonna be killed, or any of the nursing staff. And my only thought that would stop the threat as quickly as possible and safely to prevent harm to others and life was to pull the trigger. Q: While you were in the room, uh, with them did Trooper Hernandez or, uh, the suspect with you share any dialect? A: Um... Q: Or dialogue I’m sorry. A: Yeah, um, I can recall the nursing staff stating, “The Trooper needs help, something was shot.” I remember running in, I don’t remember a lot of noise during that. I didn’t hear a gunshot while I was in the lobby. Um, I don’t remember hearing noises of them struggling. Um, I could visually see it. Um, the next thing I recall hearing would be when I shoved my thumb into his neck, and him stating that he has asthma. And, um, uh, and then at that time I can recall hearing Trooper Hernandez giving him commands to drop the gun, “He still has the gun.” Um, but between the two of them I don’t remember any dialogue between the two of them. It was mostly him yelling at me about, uh, putting my thumb into his neck. Q: Did you say anything to the suspect, or give any commands? A: Um, I - I did, um, um, I want to say it was probably simultaneously. As I was drawing I said, “Drop the fucking gun,” um, I may have said it a few more times, but I know I said it at least once. I’m not 100% on how many times I said it, but, uh, I did also give him verbal command at least to drop the gun. Q: And did the suspect react to any of your statements or commands? A: He never verbalized anything to me, other than me - when I put my thumb in his throat. Q: And, uh, physical actions of the suspect at that time, did you - did you observe or notice any changes in his actions, demeanor, uh, as you guys were giving him commands? A: So he was not responding to Trooper Hernandez’s commands, which, um, within that split second that’s when I decided to draw, um, and give him commands as well. Again, at that time he was sitting up, um, and I guess - so there - there weren’t changes in his behavior as far as listening to the commands. Um, but I would also say he had a lack in behavior, as far as a response to me telling him to drop the fucking gun, me having my gun pressed INTERVIEW WITH OFC. JOSHUA MAROTTO Interviewer: Det. Michael Valdez 06-10-18/11:23 am Case # AZ1800238888 Page 7 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 against him, um, and him not responding, even though I was kinda - I was fixated in on where I had the gun placed, as to not harm Trooper Hernandez. I could still see that his head was forward, which was his vision would have been in the direction of his right hand struggling with the weapon rather than dealing with me giving him commands, and/or wanting to obey those commands. Q1: Uh, is there anything the suspect could have done to make you not feel the need to pull the trigger? A: Um, if he would have dropped the weapon sooner, um, if he would have said, “Okay, I give up,” or brought up his right hand free of the weapon, um, listen to any of the verbal commands that were given, um, then definitely I would not have pulled the trigger at that point. Q: And when you were - when you first entered the room did you, uh, based off of maybe training or experience observe any signs of impairment initially with the suspect, or, uh, medical conditions that you would have observed prior to that? A: Um, I didn’t observe him, uh, having any - not - not during that time. Um, it was far too quick, there were a lot of other things goin’ on. Um, the room reeked, he smelt really bad, uh, but I mean I never got a chance to look at his eyes, or anything to that extent. Q: And when you say he smelt bad is that a - a body odor, or... A: Yeah, body odor, um, I mean almost maybe, like, he hasn’t showered in days, uh, he just reeked. Might have been, um, from, um, you know, they were doin’ the investigation for alcohol, so it could have been, um, sweat, you know, with alcohol involved in it, um, but don’t know that for sure, but, uh, it - he smelt real bad. Um, I did not see any signs of impairment at that point, other than knowing, you know, going into the room that the Sergeant was out with him previously for possible DUI or DWI. Q: So when - when this is all said and done, you exited the room, where did you go from there? A: I basically just stepped maybe two to three feet, um, immediately outside the door, um, to let the responding Troopers handle the incident. Um, I felt that, you know, I was involved with, you know, what occurred, um, I knew that I did pull my trigger, so I knew that, uh, at that point I should remove myself from the scene to allow people who weren’t involved in that situation kind of handle him at that point. We also had, um, Benson PD and Cochise County Sheriff’s Department - Sheriff’s Office, uh, arrived on-scene as well. So again INTERVIEW WITH OFC. JOSHUA MAROTTO Interviewer: Det. Michael Valdez 06-10-18/11:23 am Case # AZ1800238888 Page 8 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 just bein’ involved in the situation I felt, you know, I could remove myself and let people who were not involved in that, uh, deal with him at that point. Q: And, uh, since holstering your weapon in the room have you manipulated it in any way? A: Um, I did remove the, uh, while it was holstered I removed the magazine once just to ensure that, uh, I was only missing the one round, and then I pushed the magazine back into the weapon. Q: The same magazine that you had in... A: Correct. Q: Okay. A: From my - yeah, from the - from the gun in my hand, from my hand right back into the gun. Q: Okay. And, uh, prior to this in- - this, uh, call altogether you were already onduty? A: Yes. Q: Okay. And, uh, what are your normal hours of, uh, shift? A: 1400 to midnight. Q: And, uh, days? A: Uh, Wednesday through Saturday. Q: Okay. Q1: Uh, just real quick, I know we asked you off record again, what, uh, caliber weapon system do you have? A: It’s a, uh, FN40. Q1: Okay. Q: All right, uh, do you have any questions for us? A: No, I don’t. INTERVIEW WITH OFC. JOSHUA MAROTTO Interviewer: Det. Michael Valdez 06-10-18/11:23 am Case # AZ1800238888 Page 9 361 362 363 364 365 366 367 368 369 370 Q: Okay. Do you have anything, sir? Q1: Uh, no, sir. Q: We’re gonna go ahead and conclude, it’s 11:45. The transcript has been reviewed with the audio recording submitted and it is an accurate transcription. Signed________________________________________________________________________ INTERVIEW WITH OFC. ALLEN HERNANDEZ Interviewer: Det. Michael Valdez 06-10-18/11:54 am Case # AZ1800238888 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 INTERVIEW WITH OFC. ALLEN HERNANDEZ Q=Det. Michael Valdez Q1=Det. (Rick Ortiz) Q2=(Michael Pang) A=Ofc. Allen Hernandez Q: All right, today’s date is Sunday, June 10, 2018. It’s approximately 11:54. I’m Detective Michael Valdez, Badge Number 7625 with the Arizona Department of Public Safety, Special Investigations Unit. Currently sitting with me is Detective... Q1: Uh, (Rick Ortiz), Badge Number 6760, also with Special Investigations. Q: This is in reference to AZDPS Report Number AZ1800238888, an officerinvolved shooting, which occurred at the Benson Hospital located at 450 South Ocotillo Avenue. This occurred on June 10, 2018, at approximately 4 oh, excuse me, 0408 hours to 0409 hours in Emergency Room 6. Uh, we’re interviewing Trooper Hernandez, is that correct? A: Yes. Q: Uh, and for the record can you please say and spell your name? A: So it’s - full name? Q: Yes. A: All right. So it’s Allen Hernandez, Adam-Lincoln-Lincoln-Edward-Nora, Hernandez Henry-Edward-Robert-Nora-Adam-Nora-David-Edward-Zebra. Q: And your badge number? A: 10307. Q: Okay, and for the record you were present at this location, uh, being the hospital when this all occurred, correct? INTERVIEW WITH OFC. ALLEN HERNANDEZ Interviewer: Det. Michael Valdez 06-10-18/11:54 am Case # AZ1800238888 Page 2 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 A: Correct. Q: All right, go ahead and tell me what happened. A: Okay, so I was, uh, backing up a supervisor, Benson - Sergeant - Sergeant, uh Summerfield on a - at first it was a 964, but it turned out to be a Code 34. I went off the road. Sergeant Summerfield arrived on the scene and then he notified that the person was - is a possible DUI. So at the time I was doing a wide load. We reached our destination, the wide load, and I was lookin’ at the cad log. And then I saw that, um, the cad log be - there was a fight, or the Sergeant said that he was in a fight. I heard the radio, um, being hold until they had a - a Code 4. So after that I cleared myself from the wide load and I notified Dispatch that I was 1019 to his location from, uh, I don’t know the exact exit. I don’t know if it’s - it’s before the (Hofton) exit. And... Q: Okay, and this is - you said (Houghton) in Tucson, is that correct? A: Right, it’s - it’s before (Houghton). Q: On I-10? A: Mm-hm. Q: Okay. A: And so then I - I notified Dispatch that I was en-route to go back him up. Man: (Unintelligible). A: And I went there, uh, with lights and sirens. And then I arrived on-scene. When I arrived on-scene, uh, there was a man in the - in the ambulance, with a gurney inside he ambulance. Man: (Unintelligible) hit and run? A: And he was bein’ uncooperative, and Sergeant Summerfield was okay. Uh, Trooper Haymore was on-scene prior to me arriving. Uh, at that point, um... Man: (Unintelligible). A: Trooper Haymore went into the ambulance, and I escorted them behind my patrol vehicle, in case the, uh, prisoner became combative and they had to get assistance. So then we went into the - we arrived at the hospital. The man was still uncooperative yelling and screaming, and we tried to, uh, talk to him and calm him down. I stepped outside. The Off- - then Trooper Haymore spoke to INTERVIEW WITH OFC. ALLEN HERNANDEZ Interviewer: Det. Michael Valdez 06-10-18/11:54 am Case # AZ1800238888 Page 3 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 him, and at this point he wa- - he was handcuffed to the bed, ‘cause he was, uh, arrived onto the gurney and they put him on the bed, they handcuffed him with his left hand. Man: No. A: And... Man: No. A: ...then, uh, Sergeant Summerfield arrived later on, and he stepped away. He didn’t want the prisoner to see him because he was gonna get more combative, ‘cause he was already upset with him, uh, from the previous encounter that they had on the side of the road. Man: (Unintelligible). A: So, uh, they all went outside. I stayed with the prisoner... Man: (Unintelligible) four. A: I stayed with the prisoner, ‘cause obviously he was in custody, so we had to have eyes on him. And... Man: (Unintelligible). A: ...he wanted a phone, so he was yellin’ and screamin’ at the nurse and the medical staff. And then a female got out of her chair, she walked to the, um, guy’s office, or was Emergency Room 3, or is that the room number... Q: Uh... A: ...that you mentioned? Q: 6, I believe. A: Or 6. So she walked in and she told him that, “You know, just calm down, relax, there’s other patients,” and then she walked away. Man: (Unintelligible). A: He didn’t like that answer, so... Man: (Unintelligible). INTERVIEW WITH OFC. ALLEN HERNANDEZ Interviewer: Det. Michael Valdez 06-10-18/11:54 am Case # AZ1800238888 Page 4 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 A: ...he got out - out of his ch- - um, out of the bed. He was still handcuffed to the bed, but he unlocked the bed, so the bed could move. And so he started pullin’ on the bed and tryin’ to walk. So I told him, “Hey, calm down, relax.” He started yellin’ at me. I told him in a calm way, in the calm tone manner, “Hey, you need to calm down I’m not yellin’ at you, so you need to just calm your voice and calm your tone, because there’s other people here. And then he told me, “Well I want a phone.” And I said, “Well, we’re tryin’ to help you out, but we’re tryin’ to make this experience less stressful than what it is for you.” And... Man: (Unintelligible). A: And then the doctor came in and he told me, “Hey, you know what? He’s he’s medically cleared. If he’s actin’ this way, he’s walkin’ around, obviously, he - he’s good to - to go. There’s no reason to keep him here.” Man: (Unintelligible). A: So then I got on the radio and I notified, uh, Trooper Haymore, I said, “Hey, um, doctor cleared him so we’re good to go.” At that point he got out of the bed and he became combative - well, um, uncooperative, yellin’ and screamin’. At that point I went into the room, I put my hand on his chest and told him, “Hey, calm down, have a seat.” And then he, uh, said something along the terms about, “Hey, you want - so are we gonna go - are we gonna go at it?” And then from there, uh, we be- became combative. Well he became combative towards me and then we went hands-on with each other. He, uh, he leaned against me and I was tryin’ to control him, ‘cause he had his right hand free at this - at the time, and he reached over, uh, towards my, um, waist, and I was tryin’ to grab him. And at that point he managed to grab the firearm from the holster and he pulled the trigger. And the gun was not completely out of the holster, it was just enough for him to put his hands on the trigger and press it. At that point, uh, I looked and he looked and he, um, we had, like, a - a second of we were just, um, surprised. Man: (Unintelligible). A: And at that point I grabbed his hand and I started, uh, fighting with it - with his hand, so he can let go of the - of my firearm, so I can get control of it. And at that point - at some point during that altercation the - the ejection from the magazine got released. I don’t know if I did it when I grabbed the firearm, or when he was tryin’ to fight with - with a - with the firearm, but the magazine was released. I saw that the other round, the chamber was facing vertical, not horizontal, so the gun was, uh, was jammed... Q: Mm-hm. INTERVIEW WITH OFC. ALLEN HERNANDEZ Interviewer: Det. Michael Valdez 06-10-18/11:54 am Case # AZ1800238888 Page 5 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 A: ...by the extra - by the other round. And so with my left hand I - I still grabbed his - his, uh, right hand... Man: (Unintelligible). A: ...‘cause he was still fighting with - for the firearm, and then I started punching him with my right f-, um... Man: He walked in. A: ...my fist - right hand fist, uh, multiple times until he finally let go. At that point, or at some point in that, um, that situation, um, Trooper, um... Man: (Unintelligible). A: ...uh, man, I forgot his name, wa- - the other Trooper came in. Sorry. Q1: Marotto? A: Marotto, yeah, Trooper Marotto came in, and he was helping me, uh, get, um, have him get released of the - the firearm, so Trooper Marotto had his hand, uh, um... Man: (Unintelligible). A: ...this is the... Man: (Unintelligible). A: ...by the chin like. He - he put his, uh, thumb as a pressure point so he can release him at the same time. Then after that he knew that, okay, that wasn’t helping. So he drew his firearm on him and he put - and told him, like, “Drop - let go of the gun, let go of the gun,” and I didn’t notice at the time, but he later told me, um, that the battery for the firearm, uh, I’m not too familiar with firearms, or - or the terminology, but he said that with the pressure that he had on him it pulled, uh, the firearm or the rack back, so - ‘cause he - he told me that he tried to press the trigger, but it wouldn’t go ‘cause of the battery. So I don’t know, again, the terminology of that. But at that point, uh, he finally released the firearm. Uh, I cleared it and I put the firearm on the side. It was on a chair or a - one of those, um, tables where the nurses put the syringes and needles, when they’re about to poke somebody. So I don’t know if it was a chair or a table, but I put it there. I grabbed my hinge cuffs and I grabbed his right hand and I cuffed him to the - the bed, so that way he didn’t have nowhere to stand or move. And so the only thing he could do was just kick. At INTERVIEW WITH OFC. ALLEN HERNANDEZ Interviewer: Det. Michael Valdez 06-10-18/11:54 am Case # AZ1800238888 Page 6 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 that point I grabbed my gun and I cleared it, put it in my holster, and then I grabbed the magazine and I put it in my pocket. After that, um, everybody else came in, or the other Officers that were outside they came in. Uh, radio was notified that there were shots fired, that it was Code 4. Um, we looked at to see where the round went to and it didn’t hit nobody, it just went through, uh, multiple walls and just went out. And started just, uh, analyzing what happened, so... Man: (Unintelligible). Q: So when the round went off, your gun was still partially in the holster? A: Yes. Q: And then at some point it got fully, uh, it was taken fully out of the holster, and, basically, you were fighting over the gun with him? A: Yes, I was. Q: So the gun was out completely in the open? A: Mm-hm. Q: Okay. Did he make any statements to you as he was fighting, uh, as you were both fighting over it? A: Yeah, after that I - after we - we got done with fighting he said, “I told you I was a police officer.” And that was what he said. Q: When you got done fighting? A: Mm-hm. Q: But as you were fighting did - did he make any... A: He didn’t - he didn’t do anything. He wasn’t saying anything, we were just, um, you know, crunchin’ teeth and makin’ noises, you know, typical noises that when - people do when they’re fighting. Q: And did you give him commands, or give him any instructions as you were fighting? A: No. Q: You didn’t say, “Stop,” or... INTERVIEW WITH OFC. ALLEN HERNANDEZ Interviewer: Det. Michael Valdez 06-10-18/11:54 am Case # AZ1800238888 Page 7 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 A: Mm-mm. I was tryin’ to put all my attention on tryin’ to take the - the weapon out of his hand. That way, um, everybody’s safety was - could be ensured. Q: Okay. Man: (Unintelligible). Q: Go ahead. Q1: Uh, just to clarify real quick, when you said... Man: (Unintelligible). Q1: ...you were responding to a - or someone was responding to a 964, what’s a 964? A: It’s a collision with unknown injuries. Q1: And a Code 34? A: It’s a motorist assist, so if someone’s broken down on - on the road, or any mechanical failure of the vehicle. Q1: Okay. Um, and can you, uh, describe real quick, again, you said you looked down during the fight and you saw, uh, a sort of malfunction of the gun. Man: (Unintelligible). Q1: Can you describe very exactly what you saw? A: So I saw the, um... Man: (Unintelligible). A: So the gun was locked back. I saw the magazine or the the mag not fully all the way in. It was, um, I could see the silver of the mag sticking on the bottom. So when you rack it, you put it all the way in, but if you don’t put it all the way in, it’s - it’s still loose, you can pull it out. So I saw part of the metal sticking out. And then I saw a bullet, um, where the - where it should rest normally, but it was, uh, sticking up facing north and south, or facing up and down instead of side-to-side how it should be. And so that, um, stopped the - the handgun from going back to its, um, reset mode. Q1: And you - you mean, like, a - an unfired round, like, with the casing and the INTERVIEW WITH OFC. ALLEN HERNANDEZ Interviewer: Det. Michael Valdez 06-10-18/11:54 am Case # AZ1800238888 Page 8 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 bullet still in there is what was jammed up and down, correct? A: Right, it was a - just a - a bullet and the casing was still on intact together. Q1: Okay. Uh, and then how did you get the gun away from the subject? A: Well I... ((Crosstalk)) Q1: Did he eventually let go, or did you force it from him, or how... ((Crosstalk)) A: I - I forced it from - from him by, uh, punchin’ his - his, uh, his right hand, uh, uh, with the - the gun. So he was grabbin’ it. He had the gun with his, uh, right hand, and I grabbed his hand and at the same time was punchin’ him multiple times with my right hand towards hand, so hitting his fingers, uh, with the purpose of havin’ - of makin’ him let go and eventually he did. And that’s when I removed the firearm a- away, and I grabbed my handcuffs and I grabbed his right hand. That’s when I, um, handcuffed him to the, um, to the bed. Q1: Okay. Um, and then as soon as that fight started and he’s goin’ for your gun what were you feeling? A: Uh, I was just feeling, uh, adrenaline just dumped on me, and, uh, I was goin’ through a lot of things in my mind. Obviously, uh, he was fightin’ me and so I knew I had to take care of the situation. And there was other people that were in the hospital, doctors, nurses, the patients, so my - my, uh, priority was the safety of everybody and controlling him, because he was bein’ combative and not cooperative from the get go. Q: So when you say you had a lot of emotions, I guess, describe some of those. What... A: Uh, just, uh, shocked. I was, you know, scared, ‘cause, uh, I wasn’t expecting that. You know, I - I see this guy, he’s, you know, he’s injured, he’s brought to the hospital, he’s goin’ off and on, um, you know, I can smell the wrench smell - the type of smell that alcohol gives on - on people and their pores. And so, uh, I thought he was calm and collected as I was tryin’ to talk to him down, and I was never rude to him. I never yelled at him. I never cursed him out. I was tryin’ to talk to him, like, a normal person, but he just kept on raisin’ his voice, so I wasn’t expecting that reaction from him. So like I said I was just feelin’ a huge, uh, adrenaline rush. Uh, I was just focused on - on the INTERVIEW WITH OFC. ALLEN HERNANDEZ Interviewer: Det. Michael Valdez 06-10-18/11:54 am Case # AZ1800238888 Page 9 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 gun, because, uh, I was surprised when the shot ran - went off, or when the round went off, so, uh, at that point I was like, wow, did - did that just happen? I looked at - at my side because, uh, I want to see if my - if I was bleeding an- and I didn’t feel any pain. I didn’t, um, you know, get - I didn’t react when the noise of the round went off, I just heard the - those noise and I’m like - and I stopped and he stopped and I looked, and I smelled the - the gunpowder, and after that that’s - that’s when, you know, everything just kind of caved in and I knew I had to - it was, uh, one of those moments where you’re fighting for your life. If you don’t - if you don’t, uh, do anything, you’re gonna basically become a victim. So I did what I had to do. I just - I continued, um, going through what I had to do, as far as, like, okay, I’ve got to remove the firearm or the weapon from the situation. I’ve got to control the situation. I’ve gotta, um, control the - the situation before something horrible happens. Q: So as you were attempting to regain control from the suspect, while you were fighting with him, did you - did you notice that any of your actions were causing a reaction with him? Uh, were your actions affective, initially, with the suspect? A: What do you mean? Q: So the, uh, by you striking him or fighting over your gun, did you see - did you notice him, uh, loosen his grip on the gun, or begin to stop fighting with you, or... A: No, he - he continued fighting with me. He - he had the intention of putting the - pointing the gun towards me, ‘cause he - he was tryin’ to move the gun towards me and I had - I was tryin’ to push it away from me. And at the same time I just - I just started punchin’ his hand to gain control, because he had his, um, his body towards me, so he had all - he has weight to go towards me, and he was tryin’ to force the - the firearm to face me so he can shoot me. And, uh, I just, uh, put my - my f- - my weight and force on the - on his right hand with my left hand, that way the gun would not be turned towards me at the same time I started punchin’ him. And that’s when Trooper Marotto came in and, you know, he saw where the gun was pointed at, and that’s when he he went to the back and started puttin’, uh, pressure points on him. Q: So you believe the suspect was tryin’ to shoot you? A: Yes. Q: Do you believe the suspect was tryin’ to kill you? A: Yes. INTERVIEW WITH OFC. ALLEN HERNANDEZ Interviewer: Det. Michael Valdez 06-10-18/11:54 am Case # AZ1800238888 Page 10 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 Q: And none of the actions you were taking towards the suspect were causing, you know, were - were effective at that point? A: Uh, they - they were not effective in - in the matter that he wasn’t gonna go, he wasn’t letting off the pressure. He kept on resisting, continued resisting. He was continuing to fight, uh, fight me so he can get control of the firearm. But like I said I - I was tryin’ to do my best, and obviously my - my effort was not giving me any, uh, solution. So... Q: And... A: ...we were kind of, uh, at a stalemate, where I knew that I had to, you know, change my missed strategic or something. That’s when I started, you know, punching his hand. Q: And when the other Trooper came into the room did you say anything to him? A: To Trooper, uh... Q: Uh, it’s Marotto? Q1: Marotto. A: Marotto. Q: Marotto. A: Uh, he said, uh, through the radio, “Shots fired.” And then... Man: (Unintelligible). A: ...um, he was tellin’ him, “To drop the gun, let go of the gun,” and, uh, I - I know - I don’t know if I - I’m sorry, I’m tryin’ to think back, it’s kind of a blur, but I think I told him, um, we’re Code 4, ‘cause r- - Dispatch said, “Are you guys Code 4? Do you need Benson PD?” And I said, “We’re - yeah, we’re Code 4,” or I told him and then he - I guess he - he - I don’t know if he put it on the radio or not. Like I said I was just so tunnel vision on freein’ the gun from - or takin’ the gun from him, but, uh, as far as givin’ commands to to him, no. Q: Uh, as far as who - giving commands to who? To Trooper Marotto or to the suspect? A: To the suspect. INTERVIEW WITH OFC. ALLEN HERNANDEZ Interviewer: Det. Michael Valdez 06-10-18/11:54 am Case # AZ1800238888 Page 11 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 Q: From - from... A: ‘Cause... Q: ...Trooper Marotto... A: ...Trooper Marotto was... Q: ...to the suspect? A: Trooper Marotto was giving commands to the suspect then, I - I wasn’t. I was - like I said I was tunnel vision, I was focused on trying to release the firearm from him. Q: And were Troopers - Trooper Marotto’s commands to the suspect effective? A: Uh, it’s - yeah, to - to the extent where he - he was listening to him. You know, he - he grabbed it - he had his attention. Q: What were some of those statements made by Trooper Marotto? A: To drop the gun, drop the gun that’s what he was tellin’ him. Q: When he said that did the suspect drop the gun? A: No. Q: Okay. A: He - he’s still - he was still tryin’ to fight me. And at that point at the same time I was punchin’ his hand. And so it wasn’t until multiple strikes that he finally let go or he released the firearm. Q: Did he make any statements, uh, and I’m talkin’ the suspect now, as far as okay, I’m done, or I give up, or anything like that? A: No, he - he didn’t. Q: Okay. Q2: Uh, what kind of caliber and weapon system do you carry? INTERVIEW WITH OFC. ALLEN HERNANDEZ Interviewer: Det. Michael Valdez 06-10-18/11:54 am Case # AZ1800238888 Page 12 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 A: Uh, I carry a F&S 9-millimeter. Q: Uh, and, sir, I’m sorry, at the beginning I didn’t, uh, ask you to introduce yourself for the record. Q2: I’m sorry. Um, also present, uh, (Michael Pang) from (Yen, Pilch & Landeen), attorney for Trooper Hernandez. I’ve been here since the beginning of the interview as well. Q: Do you have any other questions? All right, um, we’re gonna go ahead and conclude. Q1: Did you guys have any other questions? Q2: I don’t. Q1: Or did we not bring anything up that you want to talk about? A: Uh, I mean I don’t know where the round went, the one that was stickin’ out. Q1: All right. A: So, uh, and, uh, but, yeah, I mean like I said I mean I just went out after everybody came in, and that was it. I started just thinkin’ about what happened and tryin’ to get an idea of, you know, what - what occurred, and what - how it occurred, and what I could have done differently. Q: And, uh, when you left there did you make any statements to anybody? A: Uh... Q: Regarding - regarding what had happened? A: I mean I just went out to the lobby and I sat down, and I was just, you know, just thinkin’ about what - what - what I had just done, you know. What have I - how did I let that happen? And I was just so - and I - I was just thinkin’ about, like, man, what - how could I, you know, first of all how could I be a a victim of that during the - the whole thing that we’ve been talkin’ to the preparation, as far as, you know, officer safety goes, but, no, I just sat down and I just kind of started thinkin’ about the whole situation. Q: All right, do you have anything else to add? A: No. INTERVIEW WITH OFC. ALLEN HERNANDEZ Interviewer: Det. Michael Valdez 06-10-18/11:54 am Case # AZ1800238888 Page 13 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 Q: Do you have any questions for us? A: Um, I don’t know, I mean what - what happens after this? Q: Uh, well, typically, this is still ongoing. Um, it’s gonna be - continue to be investigated and when we go back to Phoenix it’s gonna be typed up. It’s gonna take some time, uh, may take a little while, uh, before you hear anything back. Um, anything specific you want to know about it, or... A: Um, will I be able to come to work tomorrow, or... Q: Uh... A: ...the next day, or... Q: Those things will be up to your chain of command. A: Mm-hm. Q: So we - we won’t have any, uh, well very little control over those things. A: Okay. Q: Yeah. So we’re gonna go ahead and go off record now at 1219. The transcript has been reviewed with the audio recording submitted and it is an accurate transcription. Signed________________________________________________________________________ INTERVIEW WITH OFC. BOBBIE WOOLLEY Interviewer: Det. Michael Valdez 06-10-18/12:51 pm Case # AZ1800238888 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 INTERVIEW WITH OFC. BOBBIE WOOLLEY Q=Det. Michael Valdez Q1=Det. (Rick Ortiz) A=Ofc. Bobbie Woolley Q: All right, today’s date is Sunday, June 10. The time is 1251. I’m Detective Michael Valdez, Badge Number 7625, with the Arizona Department of Public Safety, Special Investigations Unit. Currently sitting with me is Detective... Q1: (Rick Ortiz), Badge Number 6760, also with Special Investigations Unit. Q: This is in reference to AZDPS Report Number AZ1800238888, an officerinvolved shooting, which occurred at the Benson Hospital located at 450 South Ocotillo Avenue. This secured - this occurred on June 10, 2018, at approximately 04 - 0408 hours to 0409 hours in Emergency Room 6. Um, we’re interviewing... A: Trooper Woolley, Bobbie. Q: And... A: Badge 6519. Q: And for the record can you please say your name again and spell it? A: Bobbie Wooley, W-O-O-L-L-E-Y. Do you want me to spell my first too? Q: Yes, please. A: B-O-B-B-I-E. Q: And your badge number one more time? A: 6519. Q: Okay. Uh, and for the record were you present at the location when this occurred? INTERVIEW WITH OFC. BOBBIE WOOLLEY Interviewer: Det. Michael Valdez 06-10-18/12:51 pm Case # AZ1800238888 Page 2 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 A: I came in after the weapon had been discharged, after I heard the radio call. Q: Okay. A: I was outside in the parking lot parking the car coming from a collision, and they had asked me to come draw blood, ‘cause I’m a phlebotomist. Q: Okay. All right, and from the beginning can you just go ahead and tell me what happened? A: Um, me and Josh (Moriarti) - (Trooper Moriarti) we were working a collision a Milepost 305, I think .4. Um, we heard on the radio, um, Sergeant Summerfield being in a fight. We couldn’t leave ‘cause we had part - we had a whole lane blocked and part of another lane blocked. And we had traffic coming down on us, um, later on. We couldn’t hear everything ‘cause of the radio, but, uh, Sergeant Summerfield came down and asked if he could take, um, one of us to go get the car from Rapid Towing and bring it over - over to the hospital. One of the guys I guess road in the hos- - I think Haymore- rode over in the ambulance, I’m guessing, ‘cause when we get a car that’s what would usually happen. Um, and so (Josh Marotto) went with them. Um, and then we picked up the car went there. Um, later on I got a call from (Josh) asking me if I can come down and do a b- blood draw, um, ‘cause the guy was DUI, and the staff was refusing to do a blood draw. I told him, “I’ll be there, uh, give me about ten minutes. I need to finish clearin’ up the scene, get the roadway open so I can get out of there.” Um, drove up, uh, ca- - put myself out at the hospital, backing my car in - or the car in. As I exited - or exiting the car turning it off, I hear on the radio, um, I think it was 1091. I can’t remember if he said 1091 or 998. Um, you know, his call sign so I started running towards the emergency room. Uh, Trooper Haymore was in front of me. We went in, um, Trooper Haymore - I can’t remember who was just holding him - holding there, and then I helped put him back on the - once they had him cuffed to the bed I put him back on and I stayed in the room until I was - he was taken to Benson PD with him. He would moan and groan and then I was watching. The doctor and the nurse were talking about doing a medical catheter on him, if they needed to or not, and all his moaning and groaning stopped. And he was really payin’ attention to what they were sayin’, not his - whatever he was doing. And then as soon as they decided not to he started moaning and groaning and moving around a little bit. But - and I came in, um, when me and Hay- - we were puttin’ him back on the bed, we searched, uh, we searched - checked him to see if he was wounded, ‘cause we didn’t know where the gunshot went at that point in time. Checked on him and I found - underneath him we found as undischarged round and a cuff key. So I took possession of those and I ended up setting ‘em on the, uh, counter behind me away from him and left him there. INTERVIEW WITH OFC. BOBBIE WOOLLEY Interviewer: Det. Michael Valdez 06-10-18/12:51 pm Case # AZ1800238888 Page 3 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 Q: Did you ever identify who the - the cuff key belonged to? A: I did not. Q: Okay. Um, and were you ever able to get a blood sample from the suspect? A: Um, later on, uh, Trooper Haymore and Sergeant Summerfield applied for a search warrant, um, were able to obtain it. Um, I went over there with ‘em. Detective (Deskins) drove me over ‘cause the car was still at - my rookie’s car was still at the hospital, ‘cause Captain (Chase) had given me a ride here. Um, went over, uh, Trooper (Drummond) was there, Sergeant, um, oh I blanked his name, (Derlano) was there, um, (Wilcock) or (Wilcox), Benson PD Officer. (Asher) was there. I can’t remember (Asher)’s last name. Um, and we brought him out, secured him in a, uh, restraint chair. And I visibly showed him the warrant that I had, his copy. He goes, “I need it closer.” So I got close enough so he could read it, till he told me he was done reading it. Um, he gave me no problems with blood draw, submitted to it. Um, actually, said, “Hey, do you mind turning my arm a little bit more so you can get a little bit better shot on the - on the vein.” Um, at 0936 hours I was able to obtain his blood, two tubes of it. I kept possession of it, I sealed it, I secured it. It’s in the evidence room behind us in the - or over there in the cold storage. Um, I filled out the evidence form and I filled out the blood draw form. So I was - we were able to get - he was able - he answered my questions when I asked him about having allergies, medical problems, infectious diseases, the basic questions on a blood draw form. Q: Okay. Man: (Unintelligible). A: He said he was allergic to penicillin. Q: And, uh, uh, once you observed the suspect, uh, restrained in his bed... A: Mm-hm. Q: ...um, is that at the point that the other Troopers that were involved exited the room? A: Mm-hm. Q: Did you remain in the room with the suspect? A: Yes, me and Trooper Haymore were most of the time. INTERVIEW WITH OFC. BOBBIE WOOLLEY Interviewer: Det. Michael Valdez 06-10-18/12:51 pm Case # AZ1800238888 Page 4 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 Q: Okay. A: I stayed in the whole time. Q: Did the - did the suspect make any statements, uh, when the other troopers left? A: No, just moaning and groaning that I heard. Q: Okay. Did you say, uh, anything to the suspect? A: No. Q: Okay. Um, after all that was done how was he removed from that room and transported? A: Well we told him we were gonna take him out to the car. Um, he went limp and we carried him out to the car. Um... Man: (Unintelligible). A: ...got under each arm, had ahold of his belt and a leg till I could get through the door with everybody, and Trooper Haymore had it, and I kept falling. And then I - when we got to the car I went around the opposite side and pulled him the rest of the way in, moved his head back and out of the way, so when I shut the door it wouldn’t slam on him. I actually lifted him up and put it in the, um, the armhole of those molded seats so it’d hold it up when I shut the door, so he wouldn’t - it wouldn’t whack him. Q: And he was transported, uh, Benson PD? A: Yeah, after that he was transported to Benson PD. I did not go. Q: Okay. And was he transported by a Benson Police Officer, or by... A: No. Q: ...DPS? A: By Trooper Haymore. Q: Okay. Uh, Trooper Haymore transported him alone do you know? A: Yeah, I asked if he wanted me to go with him. He had the Benson PD Officers INTERVIEW WITH OFC. BOBBIE WOOLLEY Interviewer: Det. Michael Valdez 06-10-18/12:51 pm Case # AZ1800238888 Page 5 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 following him with - when they went. Q: Okay. Um, at the, uh, conclusion of all that once he was put in the back of the patrol car, what did you do from there? A: Um, I was asked to scribe. I went back towards the rooms, they closed the doors, didn’t re-enter ‘em. I was asked to scribe for Sergeant Summerfield. I began scribing for him, writing down everybody that was there, getting information. Went over to Healthcare Innovations, uh, got the information of the transporting, um, paramedic and EMT, which I gave - when I was no longer the scribe, to the next guy, um, which was mor- - (Marotto). I gave him that form with that on it. I also found out that, uh, one of the, um, Healthcare Innovations’ employees was in the building next to the nurse’s counter towards the end of it when it all occurred. I wrote down her name, her number, um, got her date of birth. And I can’t remember what else I wrote down. That she - she was there when it all happened. Q: Okay. A: It was a brie- - just brief notes so I could remember who she was. Um, she’d given me a call already, so I had her phone number. And when the detectives arrives they ask me to get her. I gave her a phone call and she was still onduty, and had her come back to the hospital and stay there while they completed their interviews. Q: And you’re a field training instructor for Trooper Marotto? A: Yes. Q: How long have you been - or has he been in field training with you? A: A day. Q: A day? A: That was our first day. Q: Okay, is he in his first phase? A: He’s in his second phase. Q: Second phase? Okay. A: He had Trooper Haymore the first phase. I’m tryin to think. Um, I relieved Trooper Marotto. Told Sergeant Haymore kinda what I knew, but it was all INTERVIEW WITH OFC. BOBBIE WOOLLEY Interviewer: Det. Michael Valdez 06-10-18/12:51 pm Case # AZ1800238888 Page 6 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 hearsay, about he had actually tried to sh- - to shoot the person to... Q: S... A: ...end the fight. I - it’s all hearsay. Q: Are y- - are you talkin’ about Trooper Haymore or Sergeant Summerfield? A: I told Sergeant Summerfield what was going on, and that I should probably relieve him ‘cause he - Trooper Marotto was watching the doors. Q: Okay. A: “So I mean - can’t have - make him be scribe, so he’s with you out of the building, and I’ll sit and watch the doors... Q: Okay. A: ...to remove him from the scene.” Just not away from the scene, but out of that area. Q: Okay. Any questions? Q1: Um, where exactly were you when you heard the initial call of the shooting, or the shots fired, or whatever it was... A: I was... Q1: ...called? A: ...shutting the car off and stepping out of it. Q1: So you were in the hospital parking lot? A: I was in the hospital parking lot when the call came across the radio. I finished shutting the car, exiting the door. I didn’t even shut my door, I ran straight for the ER. Q1: So you didn’t hear anything? A: I didn’t hear anything. Q1: Okay. A: Um, the first thing I heard was the call that came across the radio. INTERVIEW WITH OFC. BOBBIE WOOLLEY Interviewer: Det. Michael Valdez 06-10-18/12:51 pm Case # AZ1800238888 Page 7 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 Q: And when you entered the room he had already been taken back into custody? A: Yes. Q: Okay. A: They were cuffing him back - I think they were cuffing him back to the post. His cuff - handcuffs were in front. They had another cuff on his wrist holding him to the bed. Q: Okay. A: Uh, the bed was cockeyed, pulled out away from the, uh, the bed. Um, and later the nurses and he doctors slid it back so they’d have room to work in there, while they’re still checking his vitals and checking him and - prior to releasing him. Q: So you were on-duty at the time the initial call of the, uh, collision or Code 34 came out, uh, at another scene? A: I was working another injury collision. Q: Okay. And, uh, what is your regular schedule? A: My regular schedule? Q: Mm-hm. A: Um, 12:00 to midnight. I cover (Wilcox). So from 322 all the way to the state line, 1A and 191. Um, 186. We were dealing with a Code 34. Um, Trooper Hernandez who was on a field training who had the first phase, um, was coming back going - heading home from being with Trooper Haymore. And observed a vehicle weaving quite badly, so I waited for him to pass us. We left our Code 34 we were on, ‘cause we had help coming for him. Um, (Chase) said, “We can see the weaving - the same - the car weaving, not staying in its lane.” Um, we stopped it, ‘cause he’s on field training he can’t make that stop. Um, figured it out, you know, searching the vehicle because of the story pattern wasn’t right. It was weird. And then we had cleared that after searching it and releasing that out. The lady she was fatigued, she’d been up since 4:00 a.m. in the morning. Went to - from Mesa to Vegas and back to (Wilcox), which didn’t make any sense to me. And when I was askin’ about drugs she asked - she answered one differently than the rest, it just didn’t make any sense. And then, um, ‘cause that’s late to be comin’ to Wilcox from Mesa or Phoeni- - Vegas, sorry. So, um, we ended up kickin’ her loose ‘cause INTERVIEW WITH OFC. BOBBIE WOOLLEY Interviewer: Det. Michael Valdez 06-10-18/12:51 pm Case # AZ1800238888 Page 8 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 we didn’t find anything. And we went to the TA and fueled up, me and Trooper Marotto, and that’s when the call came out for the blocking 962 at 30 - it said 306 originally. So we were the only ones on, there was no one on over here and we headed that way. Q: And what days do you work? A: Um, Wednesdays, Thursdays, Fridays and Saturdays. Q: Okay. Any questions? Q1: No. Q: Do you have any questions of us? A: No. Q: Okay. A: Sorry I couldn’t be more help. Q: Well we’ll go ahead and, uh, conclude the interview at 1305. The transcript has been reviewed with the audio recording submitted and it is an accurate transcription. Signed________________________________________________________________________ INTERVIEW WITH OFC. BRENT HAYMORE Interviewer: Det. Michael Valdez 06-10-18/1:09 pm Case # AZ1800238888 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 INTERVIEW WITH OFC. BRENT HAYMORE Q=Det. Michael Valdez Q1=Det. (Rick Ortiz) A=Ofc. Brent Haymore Q: All right, today’s date is Sunday, June 10. The time is 1309. I’m Detective Michael Valdez, Badge Number 7625, with the Arizona Department of Public Safety, Special Investigations Unit. Currently sitting with me is Detective... Q1: (Rick Ortiz), Badge Number 6760, also with the Special Investigations Unit. Q: This is in reference to an Arizona Department of Public Safety Report Number AZ1800238888, an officer-involved shooting, which occurred at the Benson Hospital located at 450 South Ocotillo Avenue. This occurred on June 10, 2018, at approximately 0408 hours to 0409 hours in Emergency Room 6. We are currently interviewing Trooper Brent Haymore, is that correct, sir? A: Yes. Q: And for the record can you please say and spell your name? A: Brent -- B-R-E-N-T, Haymore -- H-A-Y-M-O-R-E. Q: And your Badge Number? A: 7670. Q: And for the record were you present at this location when this occurred? A: I was at the hospital, yes. Q: Okay, all right. Just go ahead and, uh, you can start from the beginning, uh, of this entire incident, if you can tell me what happened. A: Uh, somewhere around 2:30 I got a phone call from Dispatch for a car in the ditch at 297 on 10. Um, by the time I got on State Road 80 from my house, um, Sergeant Summerfield was asking for, um, assistance. And so by the time INTERVIEW WITH OFC. BRENT HAYMORE Interviewer: Det. Michael Valdez 06-10-18/1:09 pm Case # AZ1800238888 Page 2 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 I got there he already had him handcuffed and was on top of him and I assisted Sergeant Summerfield with putting him in the back of my patrol car. Uh, (Mescal) Fire arrived and EMS arrived to do an eval on the subject. We put him in the back of the ambulance. I rode in the ambulance to the Benson Hospital. They put him in the room in the hospital. I handcuffed him to the bed. And the doctor, nurses were in and out treatin’ him. Once they, uh, did their initial assessment on him I, uh, read him Admin per se for, uh, Sergeant Summerfield for a DUI investigation. He refused the blood draw. Um, about that time Sergeant Summerfield, uh, Trooper Marotto and Trooper, uh, Hernandez were all there. I spoke with Troop- - uh, with Sergeant Summerfield. He, uh, I told him he refused blood draw, had to start workin’ on a search warrant. Me and him went out to my patrol car ‘cause Sergeant Summerfield did all the field sobriety tests, um, before I got there so I needed his help on, uh, what he saw for the search warrant. While I was at my patrol car in the parking lot of the hospital, um, I heard, uh, what I believe to be Trooper Marotto yelling for a 1091. I ran inside. On entering the room Trooper Marotto and Trooper Hernandez had, um, the subject on the bed and holding him down. And, uh, he was still chained to the bed and they were gettin’ handcuffs on him. And, uh, the room smelt like gunpowder, a gun got sh- - got shot. And, uh, as I was - and Trooper, uh, Woolley came in behind me and we got the subject a little bit more on the bed, and, um, I was told a shot was fired, so the subject was acting incoherent. So we did a quick search to see if he was actually shot. Didn’t see any blood or anything. Uh, found a me and, uh, Trooper Woolley found a, uh, handcuff key and a - a live round in the bed. And, uh, after that point it’s pretty calmed down. The guy was pretty incoherent after that. And once medical, uh, released him they asked that we remove the subject from the hospital. I transported him to the Benson Police Department, they put him in a cell. And after I was relieved by Trooper (Drummond) I came over here to the Benson 103. Q: And when you were in the ambulance with the su- - uh, suspect did he make any statements to you? A: Uh, he was upset. He was strapped to the, uh, to bed and handcuffed. Um, he mostly argued with the, uh, paramedic or EMT in the ambulance most of the way. The ambulance was tryin’ to do their medical thing and he was quite uncooperative with them. Q: So that was the content of the argument was between him and medical personnel for... A: Yeah, they wanted to... Q: ...medical treatment? INTERVIEW WITH OFC. BRENT HAYMORE Interviewer: Det. Michael Valdez 06-10-18/1:09 pm Case # AZ1800238888 Page 3 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 A: ...start an IV and stuff, and he kept sayin’ how he’s more qualified than them, and kept talkin’ about OSHA and how they’re not doin’ it right and things like that. They were arguin’ back and forth. Q: Uh, did - when you were in the ambulance, um, with him, based on your training and your experience, did you observe any signs of impairment, or... A: Uh, it... Q: ...or medical issues? A: Um, the ambulance reeked of, uh, the smell of alcohol. He had bloodshot butter, uh, red bloodshot watery eyes and... Q: Okay, and not - so after the, uh, so back to the hospital after the, uh, shooting occurred, um, can you take me back to that - that time, what your involvement was from the time that you - just give me from the time that you located the handcuff key and... A: Uh, after, uh, we found the handcuff key we basically, uh, he was acting pretty incoherent. The medical staff did some tests, found him to be just fine. Uh, we stood around waitin’, um, 920, was callin’ you guys and - or waitin’ for medical to do their medical clearance so we could take him out. So everybody’s just standin’ there waitin’ and... Q: And did you find anything other than the handcuff key? A: There was the handcuff key and the live round on the bed, and the - before I found that, um, uh, Hernandez’s magazine was underneath the bed, but he picked that up. Q: Did you observe any, uh, spent shells or anything? A: I didn’t see a spent shell, no. Q: Okay. All right, then, uh, did you - after you - when you transported the suspect to Benson PD did you take - did you have any conversation with him in the patrol car? A: No, he was completely incoherent. Q: And when you arrived same thing? A: Same thing. When we put him - we carried him into the cell. INTERVIEW WITH OFC. BRENT HAYMORE Interviewer: Det. Michael Valdez 06-10-18/1:09 pm Case # AZ1800238888 Page 4 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 Q: Okay. Um, were you there for the blood draw and... A: No. Q: None of - none of that afterwards? A: No. Q: Uh, did you return to the hospital when you were done there, or did you come... A: No, I came straight here... ((Crosstalk)) Q: You came straight here. Is this where you’ve been ever since? A: Yep. Q: Did you make any statements regarding what happened to anybody else? A: Now out of this room? Q: Any- anybody, either in or out of this room? A: Uh, just Sarge and everyone involved. Q: Okay. Uh, have you gotten the opportunity to speak to your family about what happened tonight? A: No, I just told the wife, “I’m stuck in the office doin’ paperwork.” Q: Okay. All right, uh, do you have anything else you’d like to add? A: Nope. Q: Any questions for us? A: Nope. Q: Any questions? Q1: Uh, I think I missed it real quick. Did you arrive before or after the initial fight with the Sergeant? INTERVIEW WITH OFC. BRENT HAYMORE Interviewer: Det. Michael Valdez 06-10-18/1:09 pm Case # AZ1800238888 Page 5 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 A: I - when I got there, um, he was already on the ground and handcuffed, and, uh, I helped Sarge put him in the back of my patrol car. Q1: Okay, he wasn’t fightin’ no more after that? A: Um, as we were carrying him he was tryin’ to kick us. He kicked me in the leg a couple times when I was puttin’ him in the patrol car, that’s about it. Q1: Okay. Q: Did he kick you while he was handcuffed? A: Yeah. Q: Um, and was the sergeant the only person on-scene with the suspect when he had taken him in custody? A: The tow truck was there. There was another guy standin’ by the wrecked car, which I believe was the passenger of the car. And then I saw someone down by the gas pumps, I don’t know who that was. I’m assumin’ the clerk at the gas station. He never came up to the scene, you know, just - I just saw him down there by the gas pumps watchin’ from the shadows. I don’t know who he was. Q: And the passenger of which vehicle are you talkin’ about? A: The subject’s vehicle. The wr- wrecked vehicle. Q: Okay. So you believe there was somebody else with him in the vehicle at the time that he was... A: Uh, that’s how I understood it, yeah. Q: Okay. And do you know where that person is? A: No. Q: Um, any other law enforcement agencies on-scene with the Sergeant when he took him into custody? A: Uh, no, I got there first, as far as law enforcement goes. (Mescal) Fire showed up, and then a Benson PD showed up, but that was after we had him in the patrol car. Q: Okay. INTERVIEW WITH OFC. BRENT HAYMORE Interviewer: Det. Michael Valdez 06-10-18/1:09 pm Case # AZ1800238888 Page 6 226 227 228 229 230 231 232 233 234 235 236 237 238 239 A: And then Benson PD they had other calls going, so he left. He showed up and saw we were okay and then he left. Q: Okay. Any questions? All right. Do you have any other questions for us? A: No. Q: All right, we’re gonna go, uh, go ahead and conclude the interview at 1320. The transcript has been reviewed with the audio recording submitted and it is an accurate transcription. Signed________________________________________________________________________ INTERVIEW WITH SGT. BRIAN SUMMERFIELD Interviewer: Det. Michael Valdez 06-10-18/1:32 pm Case # AZ1800238888 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 INTERVIEW WITH SGT. BRIAN SUMMERFIELD Q=Det. Michael Valdez Q1=Det. Rick Ortiz A=Sgt. Brian Summerfield Q: All right, today’s date is Sunday, June 10. The time is 1322. I’m Detective Michael Valdez, Badge Number 7625, with the Arizona Department of Public Safety, Special Investigations Unit. Currently sitting with me is Detective... Q1: Uh, (Rick Ortiz), Badge Number 6760, also with the Special Investigations Unit. Q: This is in reference to AZDPS Report Number AZ1800238888, an officerinvolved shooting which occurred at the Benson Hospital, located at 450 South Ocotillo Avenue. This occurred on June 10, 2018, at approximately 0408 to 0409 hours in Emergency Room 6. Um, we’re interviewing, uh... A: S- Sergeant Brian Summerfield, 5709. Q: Um, and for the record, sir, could you please, uh, say your name once more and spell it? A: It’s Brian Summerfield B-R-I-A-N, S-U-M-M-E-R-F-I-E-L-D. Q: And your badge number one more time? A: 5709. Q: Uh, and for the record, were you present at the location when the, uh, shooting occurred? A: Yes. Q: Um, and from the beginning I understand this call was either a collision or Code 34, uh, that you responded to? A: Yes. It was originally put out as a - as a collision, somebody that ran off the INTERVIEW WITH SGT. BRIAN SUMMERFIELD Interviewer: Det. Michael Valdez 06-10-18/1:32 pm Case # AZ1800238888 Page 2 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 road into a ditch. Q: Okay. And, uh, from the time of call can we go ahead and start there, and you can just tell me what... A: Okay. Q: ...happened. A: Yeah, well I was headed to another, uh, collision, I was just about on-scene when that one came out, so I was - I turned around and I headed to that one, since the other Troopers were tied up with the other collision. When I arrived on-scene it was actually the - at the 297 off ramp it - there’s, uh, Meadow Lark Way, which is just kinda like a frontage road almost. And as I was exiting I’d seen the car over there and a tow truck was parked there in the roadway by it. And I think he’s - he’s actually the one that had called it in. So I circled around, got out and made contact with - there was a guy there, he kinda come over, walkin’ up to me, it was the driver of the vehicle. And he kinda headed, you know, askin’, you know, were you driving? Was this your car? You know, asked him what happened. He goes, you know, he just started all this - all of a sudden he just pulled left, you know. ‘Cause he’d ran across the road up over a big curb and into the brush, you know. And just - well, like, the first contact I ever had with him I could smell alcohol, you know, so I asked him a few more questions. And then I asked him, “Well, you know, have you had anything to drink tonight?” And he said, “No.” And I said, “Well I can smell alcohol, so I know you had something tonight.” He goes, “Oh I had a drink quite a bit earlier.” So I, you know, asked him a little bit more, and then I went ahead and asked him if I could do, um, some field sobriety tests. You know, take a look at his eyes to see if I thought he might be impaired, you know, and he said, “Yeah, that’s fine.” He goes, “Those tests aren’t any good anyway.” So I went ahead and did HGN and I had six clues. Asked him if he’d do some more field sobriety tests, he goes, “Yeah, but I’ve got a bad knee.” I said, “That’s all right, you know, we’ll just see if you can do ‘em - do - go ahead and do it.” Um, did the walk and turn. On the way back through that - from that he kinda like grabbed his knees, like, “Oh my knee hurts, you know.” I said, “Well, okay, go ahead and stop the test there, you know.” And at that point I’d seen plenty to show me that he was, you know, he was impaired. ‘Cause he had about, like, seven out of eight clues on the walk and turn. So at that point I went ahead and took, you know, kinda reached back and unsnapped my handcuffs. Got my handcuffs, told him, “Sir, you’re under arrest for DUI.” Which, uh, he was facin’ me at that time. I kinda grabbed his - would be his left hand with - you know, left wrist with my right wrist, you know. And I went to try to kinda put ‘em on the wrist. Like I said at this time I didn’t think he was gonna do anything. And when I did that he kinda started struggling, you know. So I tried to take control of his arm, I INTERVIEW WITH SGT. BRIAN SUMMERFIELD Interviewer: Det. Michael Valdez 06-10-18/1:32 pm Case # AZ1800238888 Page 3 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 dropped my flashlight and stuff, take control of his arm. And at that time he he continues struggling and he kinda came towards me and kinda, you know, came towards me. When he did that I quick - just grabbed him and threw him down to the ground. Um, he went down on his back. He’s tryin’ to struggle to get away, you know, and tryin’ to grab me and stuff, and I’m tryin’ to control his - his wrist and his arms and stuff. I was kinda off to the side of him, you know, and we were strugglin’ back and forth. And I don’t remember exactly how long that struggle went on there. And the next thing I knew the - the tow truck driver came over and grabbed his - would be that guy’s - his right hand or right arm, ‘cause I was on his left side. So he grabbed him there and I had the other one, and I, you know, I kind of kept yellin’ at him, “Quit resisting,” you know, and stuff. And he’s yelling stuff, “Oh, you’re violating my rights,” and, you know, I don’t remember exactly what all he was saying at this point. But - so he k- kind of struggled and he kinda stopped for a little bit and I ease - I ease up. I - that guy was kinda on top of him and holding him there, and I said, “You know, you need to quit resisting. You’re under arrest, you need to give me your arm.” And so at some point my cuffs had kinda got knocked away there during the struggle, and the - the tow truck driver picked ‘em up, you know. So he was tryin’ to put them on the one arm - on one hand, you know, he goes, “Do you want me to put this cuff on?” I said, “Yeah, go ahead and put it on that one,” you know, and he guy started strugglin’ some more and didn’t want it on there. I told him, “Quit struggling or I’m gonna tase you.” You know, he goes, “Oh I don’t care, it doesn’t hurt me anyway.” You know, so we struggled a little bit more and he kept on, so I went ahead and at that point got my taser out, and just kinda put it by his chest there and kinda and - and - and took one shot there. Didn’t really do anything, he just kinda started strugglin’ some more and knocked the taser out of my hand. So I was just tryin’ to get control of, you know, his arms again. Uh, the next thing I knew he was kinda, like, he’s tuggin’ on my holster. You know, I realized he was actually reachin’ for my gun, and so I got ahold of his arm and twisted it back down, you know. Kinda struggled a little bit more. He tried it again. I held him down, you know, the whole time tellin’ him, you know, “Quit resisting, you know, you’re under arrest.” Um, decided to try my taser. I got got a hold of it to do it again, so I kinda went behind him and shot him in the leg at this time. That time I think it had some effect, but he just started struggling harder. At that time he - he struggled enough to where his body turned and I - I got ahold of him, I got him rolled over, uh, uh, rolled over onto his stomach, you know, and I had better control. Then I got one arm and the tow truck driver’s still helpin’ me and he got the other arm, and we’ve kinda got his arms behind him, and finally got the cuffs on both hands - both wrists, you know, got him cuffed up there. At that time the tow truck driver got up, you know, and kinda stood, you know, stood back, and I said, “I’ve got him now.” And he was - we were laying in the middle of the roadway and I know there’s a car that had been stopped there kinda just waiting. So it ‘cause it’s just a small, like, frontage road there. There’s a little gas station INTERVIEW WITH SGT. BRIAN SUMMERFIELD Interviewer: Det. Michael Valdez 06-10-18/1:32 pm Case # AZ1800238888 Page 4 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 there. So I went ahead and just kinda grabbed him by the one arm and kinda drug him off to - out of the road onto the shoulder there. And then I just kinda kneeled down there with my knee, you know, on his shoulder there and waited ‘til another officer showed up. At that time, you know, he was still - he was kinda not sayin’ a whole lot then, just layin’ there kinda mad. Then me and Trooper Haymore showed up. And when he - so - so we went ahead and stood him up, started to walk him towards the car, and he’s yellin’ about violating his rights, and, you know, I don’t know what else, but - “Those tests aren’t any good,” and started to struggle again. Started kickin’ at me, start- - started kickin’ at me, you know, and stuff, so we went ahead and we, you know, ended up takin’ him back down to the ground. Talked to him for a minute there, stood him back up and said, “Let’s just get him in your car, you know, so he’s secured in there.” Got almost to Trooper Haymore’s car, which is parked right behind mine. He started strugglin’ again, he started kickin’ at me again, as best I remember. And, you know, he kinda fell towards me, and when he did I think Trooper Haymore tripped on somethin’, but we went down to the ground again. He kinda landed on top of him. You know, he kinda struggled some there. We got him back up. And then at that point we went and opened the driver’s side of his car, kinda put him in there, and I stepped back and - and Trooper Haymore shoved him back in there some, you know, shoved him into his car. And he was kinda strugglin’ so I went around the other side and opened the door to - to pull him in the rest of the way. When I got around there he al- - was already in there, and he kinda was on the floor, layin’ on the floor. So I went to pick him up there, you know, and - well first I opened the door and I’d seen he was all the way in, so I went to close it, but his head was out the door then, so I o- opened it back up, sat him back up and pushed him on the seat. You know, and he was tryin’ to struggle to get out of there, so I closed it and we got him secured in the car there. At that point he’s, you know, we - I think Trooper Haymore opened the door to talk to him just for a second. He’s like, “No, I need the ambulance,” you know, and - and he’d told me that when he was on the ground af- - when I had my knee on him after we got him - the cuffs on, “Oh I need the ambulance.” So I called for the ambulance at that point. We had him in the backseat of Haymore’s car and the ambulance got there. When we opened the door he’d just lay there like he was asleep, you know, so the ambulance kinda looked at him re- - and some, and went ahead and said, “Yeah, we’ll go ahead and transport him,” so, “but we need somebody to go with us.” So, um, got him out of the car, got him on the gurney. He just acted like he was out of it the whole time. We went ahead and cuffed one hand I think to - to the gurney. They loaded him and Trooper Haymore went with him. I kinda made, you know, ju- juggled some cars around right there, ‘cause he was leaving his - Trooper Haymore was leavin’ his car. Um, he went to the hospital and, um, Trooper Hernandez had showed up, who - I think he was returning from a wide load or somethin’, but he showed up on-scene and he followed the ambulance to the hospital. After I got the one car secured and the - the tow truck was there and loaded the car, I INTERVIEW WITH SGT. BRIAN SUMMERFIELD Interviewer: Det. Michael Valdez 06-10-18/1:32 pm Case # AZ1800238888 Page 5 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 went ahead and followed - I - I - the - the tow truck was already loadin’ the car and went ahead and I caught up to those guys as they’re goin’ to the hospital. The, um, I know the ambulance pulled around back by the emergency room and backed in. And Hernandez pulled in there and then I - I I pulled in there, but then I backed out, and I think I went back around to the front of the - where did I go? He must have just backed up and pulled back around him at the other side of the parking lot and went in the front door. And I think I may have even have been doin’ somethin’ on the - ‘cause I know there’s a slight delay before I went inside. Let me think. What did I do? Oh I know what, okay, those guys took him inside the hospital there. I left there and when I came back out to check on the other wreck, ‘cause we had - there was - the road - the high - the freeway was closed and stuff, so I went to see where those guys were at with that. I said, “Go ahead and, you know, sit with him while they check him out and I’ll run over there and check on the - the collision.” So I went over there and talked to those guys. He says, “Yeah, we’re about done,” and, you know, he - they were just sweeping debris off the road. I said, “All right, I’m gonna head back over to the hospital.” Went back over there, you know, parked, went inside. Um, we were talkin’ for a minute, I ta- was talkin’ to Trooper Haymore, and he - he said, “Yeah, let’s go do a search warrant for the blood, you know, he’s not even gonna give us consent, we’re goin’ straight with the search warrant.” So me and Trooper Haymore walked outside to - so he could dock his computer in his car and have power on it, you know. So he went out there and was started to type up a search warrant. And that’s when o- over the radio all of a sudden we heard a, you know, somethin’ about, you know, “Can anyone, you know, shots fired,” or somethin’. We all went running in there and I think - I know Trooper Haymore’s ahead of me and I’m not sure who else, but kinda ran in, and I could - when I ran in I could smell, you know, you could smell the - like, the burnt, um, gunpowder, somethin’. Kinda went in the room there and the guy was just lay - but at that point they were kinda just holding him, he wasn’t struggling or anything. He was laying on the - the, um, the bed there, and kinda, like, he was out of it again, you know. And I was like, “God, man,” so I look and I didn’t see any blood. I just wasn’t sure where the shot had went, you know, and I said, “Oh, no, nobody got shot. He tried to get my gun out, you know, and it sh- - it went off,” and it, you know, you could see where it hit - they’d already seen where it hit the one wall. So I looked at that. You know, I said, “Well just, you know, you know, hold him there, but just let me go call the Captain,” you know. So I go, “I’d better go call the Captain.” I said, “You know, just, you know, leave that stuff right there, don’t do anything with it and I’m gonna go outside.” I went and called, you know, Captain (Chase) to kinda let him know what happened, that a round had been discharged inside the hospital. Um, you know, called him and he started makin’ notifications. Um, came back in and they’re - the guy was still in - in the - the one - the room there, and the j- - the - the doctor’s like, “He’s good to go. We checked his vitals three times.” And he was still playin’, like, he was INTERVIEW WITH SGT. BRIAN SUMMERFIELD Interviewer: Det. Michael Valdez 06-10-18/1:32 pm Case # AZ1800238888 Page 6 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 out - he was just out of it, like, he was sleepin’, or, you know, his kinda head was - well at first I thought maybe he got shot ‘cause of the way he had his head. His head was kinda tilted back and he’s just like goin’, “Ah,” and mur- moanin’ and stuff, but the doctor’s like, “He’s fine, his vitals are all good. You guys can take him.” So at that point we went ahead and, um, loaded him up and took him outside. Haymore pulled around front and those guys loaded him in - in Haymore’s car, while I was makin’ some more phone calls and stuff. You know, and they transported him to the hospital. At that point I went back in and made sure the doors are clo- - you know, that the - that that room and all that was secured. Um, then I kinda came back out, I started makin’ more phone calls and, you know, went back in, you know, put some crime scene tape on the doors. Started to, you know, started to log and, you know, incident log for incident Command, and that was kinda, you know, it was kinda - kept goin’ back down there, Captain (Chase) showed up and, you know, then I came over here not long after that. Q: Um, initially, when you made contact with him and he began to resist did any of your commands of stop resisting, or quit resisting have any effect on him? A: No, not at all. Q: Um, and I believe you said that you had deployed your taser, initially. A: Uh-huh. Q: And then you felt him tug at your holster, or your gun, or s... A: Yeah, and I can’t remember if he was goin’ for my gun before then, ‘cause I know he - I know I felt him - the first time I didn’t realize, you know, I felt kind of a tug and I realized he had it, you know, he had my holster, so I grabbed his hand and pushed it off, you know. And then I know through the struggles there he did it a couple more times. I know in between some of those struggles is when I said, “You know, stop resisting, or, you know, I’m gonna tase you, you know.” And he’s like, “Ah, go ahead it doesn’t affect me.” You know, and he’s - so he’s - I know he struggled a little more and then I decided to go ahead and try to tase him, you know. I tased him the once and it didn’t really do anything, so I, you know, I know I tased him and I tried to, you know, move it to drive stun to try to get a better affect and it didn’t do anything. And then I did get a reaction when it was on his leg, you know, and that’s when he fought me - we got him - he actually tried to roll, so I let him roll over and got, you know, once I f- - got him on his stomach then we had better control of him, we got his arms up behind his back. But I don’t, you know, in there I don’t know - I think that he had actually tried to grab it once or twice before I tased him, you know. And then he tried to - I think he tried at least once after that. Like, I don’t remember how many times. I know it was at INTERVIEW WITH SGT. BRIAN SUMMERFIELD Interviewer: Det. Michael Valdez 06-10-18/1:32 pm Case # AZ1800238888 Page 7 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 least three that he had kinda felt and reached up and grabbed on the, you know, tried to grab for it, but I just gri- - grabbed the hand and hold it back down. Q: Do you believe he was tryin’ to get the gun out of the holster? A: Yeah. Yeah, definitely. So - ‘cause the first time the way he was doin’ it, and after that the way he was grabbin’ it I think he was tryin’ to get it. Q: And during the struggle with him did he make any statements towards you? A: Not that I recall, no. Q: Okay. Um, and so on your way to either Trooper Haymore’s patrol car or the ambulance he began kicking again, uh, and you took him back down. Did he was he - did you feel, uh, him kick you, or... A: Yeah. Yeah, ‘cause we were kinda goin’ and - and he was - I don’t remember what he said, but, you know, he was really irritated and kinda arguin’. And I just re- - I don’t know what he said, but I know he started struggling and then he started kicking me, you know, kinda sideways at me the first time, you know. So that’s when, you know, he started just kickin’ and we just - we just took him down. And the second time it’s almost the same type of thing, you know, we were goin’, like, that and all of a sudden he got mad and he started kickin’ again at me, you know. It’s kinda, like, he was tryin’ to kick to the side to kick me in the leg or somethin’, so... Q: Okay, uh, i- - was he the only occupant in the vehicle? A: No, there was a second person in the vehicle, a passenger was in there Q: Okay, where is that person now? A: Um, he - he wa- - he wa- - at the end of the scene that he walked from me I did get his name and stuff, so I have that, but he just - he walked home around the corner. He goes, “I’m just gonna walk around the corner home.” Q: You did get this person’s name... A: Yeah, I got his... Q: ...you said? A: ...name, yeah. INTERVIEW WITH SGT. BRIAN SUMMERFIELD Interviewer: Det. Michael Valdez 06-10-18/1:32 pm Case # AZ1800238888 Page 8 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 Q: Okay. A: Sorry, I’ve got it - it’s in the cad log and stuff like that. It was (Harold), um, I can’t remember the last name offhand, but it’s in - it’s in the cad log, but I did get his name. Q: Okay, uh, and, uh, are you - were you injured at all? A: Oh I just got some scrapes, you know, my knees and my elbows and my hands. Q: Is that injury on your hand is from, uh, fighting with the suspect? A: Yeah. Q: Okay. A: Yeah, from hit- hittin’ the pavement, you know, when we were str- struggling on the ground. Q: Okay. And, uh, prior to this - this whole, uh, the initial call, were you already on-duty? A: Well I had got called out for the initial collision. They called me one - and said that we had - they just had a 62 blocking and, you know, and I thought they were just advising me. And then they called me back about 20, 30 minutes later and said that, you know, it was a, uh, involving a semi and, you know, the road was closed, and there’s a hit and run, and, you know, possibly four or five vehicles. I said, “God, I’d better go,” you know, so I told them at that point I’d be en route. So I was actually in route to that. You know, I came from my ho- - my home and I was en route to that collision to help - to see what was goin’ on and to help. And then like I say right as I arrive - was arriarriving on-scene is when that other collision kicked out. So I told those guys, “Oh just stay here I’ll go take that.” As soon as I left to go there I went - that’s when I advised them to go ahead and call out Trooper Haymore, ‘cause I knew he had just went home, like, at midnight. I knew - I knew he was on until at least midnight. So I called, said “Well call him out, you know, to come assist,” be- - either between that, or with this wreck, or whatever. So I had and that’s when I headed to that one over there. Q: Okay. Um, what are your hours typically that you work? A: Um, I usually y- - work, like, Monday through Thursday, or, you know, I usually - I usually don’t work the weekends very much. I work Monday through Thursday, or Friday, it - just depending how the week goes. And I INTERVIEW WITH SGT. BRIAN SUMMERFIELD Interviewer: Det. Michael Valdez 06-10-18/1:32 pm Case # AZ1800238888 Page 9 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 will usually work, like, from 6:00 to - to, um, 16. Q: Okay. A: 4/10s. Q: All right, um, so when you’re goin’ back to the hospital, after you heard on the radio there’s a 1091 or... A: Uh-huh. Q: ...something. A: Yeah, we, uh, like I said just - I was outside in the parking lot, yeah, just when that happened. Q: So you and Trooper Haymore responded into the hospital... A: Right. Q: ...around the same time, or together, or... A: Yeah. Q: Okay. A: Yeah, he was just slightly in front of me when we were goin’ in there. Q: And when you entered the room you said you smelt, uh, burnt gunpowder or somethin’? A: Yeah, kinda right as I - we got in the door of the hospital, you know, ‘cause there’s the - the sliding door and then there’s the next door they’ve got to let you into, and that was kinda open. So it’s - but as we ran into those doors it - I could - it’s, like, man, that - yeah - ‘cause I didn’t exactly hear what on the radio as a 1091. I thought I heard, “Shots fired.” You know, and I got in there, it’s like, oh, man, it’s - somethin’ was fired, ‘cause I could just, you know, smell the gunpowder... Q: And you... ((Crosstalk)) Q: ...didn’t - you didn’t hear a gunshot from outside in the parking lot? INTERVIEW WITH SGT. BRIAN SUMMERFIELD Interviewer: Det. Michael Valdez 06-10-18/1:32 pm Case # AZ1800238888 Page 10 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 A: No, I didn’t. Q: And when you entered the room did, uh, the suspect had already been taken control of again? A: Yeah. Q: He was in - in handcuffs, both his hands were secured at that point? A: As far as I know, um, I think they were. I think one was still cuffed to the - the bed there. And - but there’s another set of cuffs holding that had both hands together. Q: Okay. A: If I remember right. Q: Um, and did you give any direction or make any statements to the Troopers that were in the room there? A: No, I just asked them real quick, “Are you guys all right? Did anybody get shot?” And they said, “No, we - we don’t think so. It just went through the wall and it hit over there,” and, you know, I said, “Nobody got shot though?” And they said, “No.” So then I just, um, let’s see... Man: (Unintelligible). A: I’m thinkin’ I just made sure that nobody got shot. And then, you know, he was kinda just - the subject was just layin’ there now, and I said, “Okay, well just, you know, just stay here with him, make sure nothin’ happens. Let me make a few phone calls real quick.” You know, so that’s when I went out and called Captain (Chase). Q: And who did you - who did you tell that to? Who did you tell to stay in the room? A: Well I think, g- - um, Trooper Hernandez was in there, um, Trooper Marotto and - and Trooper Haymore were there. And I don’t remember if Trooper (Woolley) was in the room at the time, ‘cause he was kinda - he’d just gotten to the hospital and kinda, you know, as the, you know, the call went out, so and everybody went runnin’ in from outside. Q: Okay. Um, did the suspect make any statements when you came into the room? INTERVIEW WITH SGT. BRIAN SUMMERFIELD Interviewer: Det. Michael Valdez 06-10-18/1:32 pm Case # AZ1800238888 Page 11 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 A: No, he was lay- - he was layin’ on the bed, like, he was out of it. Q: Okay. A: That’s why I didn’t know for sure. I asked, “Did anybody get shot?” ‘Cause I thought the way he was actin’ I thought maybe he had got shot the way he, you know, the way his moanin’ and kinda actin’ there I thought maybe he had been shot or somethin’. So, like, you know, like, nobody got shot, and then, no, okay, so he’s - no, he’s just, you know, he just started actin’ like that, so... Q: Okay. After you, uh, set up the crime scene tape and made the notifications and stuff. A: Uh-huh. Q: ...what did you do after that? A: Um, Captain (Chase) had showed up about that time, so I talked to him some about it, you know. And we went out and, you know, we were goin’ over just some incident Command stuff. And then at that point, um, Captain (Buller) showed up, and then, you know, they said, “Well go ahead and head back to the office with the, uh, you know, the other guys that were involved. You know, make sure nobody talks to anybody about the incident.” You know, um, at one point I went to Captain (Chase) I was talkin’ to him. That’s - he asked, um, about calling out Trooper (Tapia), and I said, “Yeah, call him out, you know, it’d be good to at least have them come stay with, um, Trooper Hernandez.” You know, ‘cause he’d kinda seen him, so he’d seen upset from it. So it’s like, “Yeah, just go stay with him.” You know, and I called the Chaplain too to, you know, the Captain goes, “Well I’ll call and talk to him.” You know, and so I, you know, made sure that m-, um, Trooper (Tapia) went and stayed with Hernandez, you know. And then I talked to, um... Man: (Unintelligible). A: I think I talked to Trooper Haymore after that, and that’s when he had - he had - he advised me - and I didn’t realize at first, I - I overheard a statement about my gun bein’ out of battery in - when I was inside there. And then Trooper Haymore said, “Oh, no, um, um, Trooper Marotto - actually he - when he - see he w- - he actually had his gun out, and try, you know, he was gonna shoot the guy but he was out of battery.” So I said, “Oh I didn’t catch that part of it, you know, at that time.” You know, so then I went and talked to him, “Hey, are you okay? What happened?” You know, and he kinda told me that, yeah, he that he came in and seen the gun out, so he kinda stuck, you know, was gonna shoot him, because he - he still had ahold of the gun at the time. And - but it went out of battery, and I, you know, the tap rack and then, uh, you know, I INTERVIEW WITH SGT. BRIAN SUMMERFIELD Interviewer: Det. Michael Valdez 06-10-18/1:32 pm Case # AZ1800238888 Page 12 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 didn’t, you know, um, Hernandez was tellin’ me, “Go ahead and holster it, you know, I’ve got him, you know, I’ve got him, you know, under control.” So, you know, that’s when I, you know, I talked to him and said, “Hey, are you okay?” You know, I didn’t realize that had happened originally. So, you know, I said, “Well you need to kinda come on out.” I had him kinda start the log just because of manpower we had there at the time, so he started takin’ the log down for me. When I went outside and I was doin’ somethin’ with (Woolley), I said, “Just, you know, go ahead and stay with the, you know, security, don’t let any - you know, just kinda secure the rooms for now.” The the, you know, hospital said, “Yeah, we don’t need those right now.” I said, “Secure those and wait here until I can get somebody to relieve you, you know, relieve you.” And then when Trooper (Woolley) was done doin’ somethin’ outside then he went in. I said, “Why don’t you go ahead and relieve them.” And that’s after I realized that he was, you know, he had also tried to shoot the guy, but I said, “Go relieve him, I need to get him out of there.” So that’s when I went out there and he came out, and I think he went over to Trooper (Tapia) too - I said, “Just - you guys go stay over there.” You know, and so they stayed with Trooper (Tapia) and got them out of there. You know, then as people started showin’ up then that’s when they sent us all over here. Q: Okay. Man: (Unintelligible). Q: All right, do you have any questions for him? Q1: What do you think he was tryin’ to do when he was reachin’ for your gun? A: You know, I’m not sure. I just, you know, uh, ‘cause the struggle was goin’ on there and, you know, and he - I just realized that, oh, man, he’s tryin’ to get my gun, you know. I - I - because of the way he was acting, uh, you know, I think if he had a gun he probably would have tried to shoot, you know, shoot me or somethin’. You know, I didn’t think, I just - ‘cause I was able to get his hand off in the angle he was reachin’ at, you know, it’s just that he - the moment it’s like, oh, just get his hand off and then hold him down, you know. And it’s like, dang, ‘cause the first time it’s like, dang, he’s actually tryin’ to get my gun, you know. It - you just didn’t think about it at first until I felt the tug on it, and then he did it a couple other times and he’s struggling. And he was mad and like I say, I don’t remember what - what was bein’ said at the time. I kept tellin’ him to quit resisting and stuff, and he just, you know, he was sayin’ stuff about violating his rights. And there was a lot, you know, a commotion, and I don’t remember everything that was said that he was sayin’. You know, I just remember, you know, strugglin’ with him tryin’ to get, you know, control of his arms and try to get some cuffs on him. INTERVIEW WITH SGT. BRIAN SUMMERFIELD Interviewer: Det. Michael Valdez 06-10-18/1:32 pm Case # AZ1800238888 Page 13 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 Q1: Um, do you - I see you’ve got maybe - maybe some blood stains on your pants. Do you know if that’s your blood or the suspect’s blood? A: I’m not sure. Q1: Okay. A: ‘Cause I know - I know I was bleedin’ from my hand a little bit here. And then on - in my elbow also, but I got some here, and I think I have some on my shirt maybe, but I’m not sure whose it is. I know he had a - I think - think he had some scuffed up arms originally. I know he ended up with a scuff on his head, I think from one of the times when he was kicking me, he got taken down, you know, but I know he had some on his - probably on his arms, ‘cause we were wrestling on the ground right there in the - in the asphalt and it was pretty rough. Q: And have you ever dealt with this suspect before? A: No, first time I’ve ever seen him. Q: Okay. Um, and then just for the record can you point out what injuries you have one more time? A: I just - I’ve got the - the, um, scrapes on my hand here, on the palm of my right hand. My left elbow’s scraped up. And then I’ve got some scrapes on my left knuckles. And I know my left knee’s got, you know, scrape marks on it. I don’t know if this one does or not. Yeah, a little bit on my right knee but not much. Yeah, and then the - just sore muscles other than that. Q: Okay. Um, you know, before - before we relieve you we’ll, uh, take pictures of those injuries too. A: Okay. Q: Uh, your taser’s the standard two-cartridge... A: Yes. Q: ...taser? A: Uh-huh. Q: Uh, did you fire both cartridges, or was it all... INTERVIEW WITH SGT. BRIAN SUMMERFIELD Interviewer: Det. Michael Valdez 06-10-18/1:32 pm Case # AZ1800238888 Page 14 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 A: Yeah. Q: ...drive stunning, or... A: Uh, I fired both of them. The first one I fired was, like, in the chest area. And so I fired him there, and didn’t get any response at all, so I tried to drive stun, you know, while it was still goin’ off. And didn’t really get much of a response. Kind of ended up throwin’ it down beside me while I was - he was strugglin’ again, you know, to get his hand and stuff. Then he kinda continued, and I had him at a point, where I thought, you know, I had a hold, so that’s when I - I picked it back up and I - I just put it behind me, where I know his leg - I - I felt it go on his leg and I shot the second one ta- - um, cartridge there. That one he kinda s- - you know, uh, it felt, like, either where the probe’s goin’ in, or, you know, the - it actually had a little bit of effect, but he just started fighting harder... Q: And do you... A: ...you know. Q: Do you know how many times you, uh, you either fired your taser, or drive stunned him? A: I know - I think I f- - the best I can remember I fired it - when I fired it in his chest I fired it then, and then actually I think I actu- - pulled the trigger one more time tryin’ to drive stun him with it. And then after I shot him on the leg, I think just the one time and while it was still goin’ off the - on the initial, I tried to bring it forward and put it on his chest to, you know, get a better, you know, control on him and it didn’t really do a whole lot. At that point he got to strugglin’ harder and tryin’ to turn over, and that’s when, you know, I thought, wow, if I can just get, you know, let him turn and get him over on his stomach then I’ll have a lot, you know, he’ll - he can’t fight as good, so... Q: Did... A: ...I got him rolled over there. Q: So both cartridges and - and you said both - or two drive stuns also? A: Yeah. Q: Okay, so about - so you deployed probably four times for... A: I think - and I know whether I fired it and then while it was still goin’ off the initial five seconds, that’s when they brought it over and tried to put it on his INTERVIEW WITH SGT. BRIAN SUMMERFIELD Interviewer: Det. Michael Valdez 06-10-18/1:32 pm Case # AZ1800238888 Page 15 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 chest. You know, so I know I pulled the trigger at least three times on it, you know, the initial - the firing of each cartridge and at least one time after the first, um, cartridge deployment, I tried to drive stun him. I see the - no, I must not have. ‘Cause I know it popped when I shot back here, and I thought I pulled it this - a second time on chest, and it would have shot a second time there. So I - I had to just do it the two times. Q: Okay. Q1: Did anybody remove probes from him? A: Um, I know when we first started - I said when we first tried to - to roll him up, I - I remember Trooper Haymore pullin’ somethin’ out of the - the chest area. I don’t remember anything on the leg there. I tried to - as we kinda sat him up there I tried to - to grab the strings and kinda get some of that out of the way and just get those pulled loose, where they’re not all tangled around everything, you know. And then I think later I went and picked up the - the m- after we got him in the car I went and picked up that mess and just threw it in my car. It’s still layin’ in my car somewhere. Q: So you still have it in your car? A: Yeah, they’re in my car, I believe on the floorboard in the front. Q: Okay. Q: Um, do you have any questions for us? A: Um, no, just, uh, uh, I guess more on the investigation part of it, what did you want us to do, or as far as, like, the DUI? You know, whatever, you know, ‘cause we pulled a DR for, you know, for the - there is - we pulled a DR for for the DUI and stuff. Q: Right. A: But I didn’t know from - is - what we need to do from there, as far as reports, or... Q: Um, i- i- it’s my understanding that the, uh, guys from Investigations are gonna help you with the DUI... A: Okay. Q: ...portion of it. Um, so I would communicate with them what they... INTERVIEW WITH SGT. BRIAN SUMMERFIELD Interviewer: Det. Michael Valdez 06-10-18/1:32 pm Case # AZ1800238888 Page 16 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 A: Okay. Q: ...may need from you. As far as, you know, the - the assault aspect of it, um, you - you won’t have to do any of that. A: Okay. I’ll talk to them about the DUI and stuff and see, okay. Q: Uh, yeah, that’ll be between you guys. And, uh, let’s see, uh, when you went in the room did you - did you notice, uh, did you see the magazine or, uh... A: I’d seen one mag- - I, um, when I was in there, yeah, I know they were lookin’. I’d seen the one - the magazine, um, there was a magazine layin’ on the floor kind of up by one of the wheels of the bed that was in there. And I remember them pickin’ it up and they just kinda laid it down there. And I kinda said, “Just - yeah, just leave it there, you know, don’t,” I know ‘cause I got to thinkin’, it’s like, yeah, we don’t want to do too much with the gun, you know, at that point. So I said, “Yeah, just lay that there,” you know, and so I think - I - I don’t know if they laid it there. I think actually he might have put it in his pocket, just so it wasn’t layin’ around. But I mean I do remember seein’ a magazine layin’ on the floor down by the, um, down by the wheel there. You know, I know - I realize - when I seen - I’d seen that there then I noticed that Hernandez’s gun didn’t have a magazine in the - in the - in it, you know, it was empty. So I realized, oh, that’s gotta be from his, ‘cause, you know, it’s layin’ on the floor there. Q: Did you see a shell casing or anything in the... A: I didn’t see a shell casing or anything. Q: Okay. Um... A: ‘Cause - yeah - yeah, I think I’d asked him about it earlier, and he goes, “I think it got jammed in my gun. I don’t know if it’s still in there or not, you know.” I said, “Well whatever just leave it, you know, they want it - they want you to leave it the way it is.” You know, so he goes, “I don’t remember if I racked it out or if it’s still in there or not. Q: Okay. A: But at - at that point, like I said, I went back out and those guys kinda - I know they - I think they found it, you know, ‘cause the, you know, found a round or somethin’. And they said, “Well we found some stuff, we just laid it on the counter there, ‘cause we didn’t want to just leave it layin’ around in the room.” I said, “All right, that’s good, just leave it there then, you know, we’ll take care of it later.” INTERVIEW WITH SGT. BRIAN SUMMERFIELD Interviewer: Det. Michael Valdez 06-10-18/1:32 pm Case # AZ1800238888 Page 17 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 Q: Okay. A: But I did see the one magazine down on the floor there now that I remember. Q: All right. Q1: Is there anything we haven’t asked you that you feel is important to be on record? A: Not that I can think of. No, I can’t think of anything else. We’ve kinda covered everything that I can think of. Q: Okay. Now before we leave here, we’ll exchange, uh, information. I’ll give you my business card. If anything comes up, feel free to reach out to us... A: Okay. Q: ...at any time. Um, all right, I just mentioned it to the other Troopers, but you know of the resources available to the... A: Yeah. Q: ...to the Department, so... A: Yeah. Q: Uh, that’ll be up to you, if you decide to take advantage of any of... A: Okay. Q: ...those. Um, if there’s nothin’ else, we’ll go ahead and end here... A: Okay. Q: ...at 1353. The transcript has been reviewed with the audio recording submitted and it is an accurate transcription. Signed________________________________________________________________________ ARIZONA DEPARTMENT OF PUBLIC SAFETY I. SYNOPSIS DR NUMBER: AZ1800238888 On Sunday, June 10, 2018, at approximately 0228 hours, the Arizona Department of Public Safety (DPS) Highway Patrol (HP) received a call for service reference a vehicle in the ditch at milepost 297 on Interstate 10 (I-10). DPS HP Sergeant Brian Summerfield, #5709, responded to the scene. Summerfield requested additional troopers to respond to the scene as Summerfield initiated an impaired driver investigation. Summerfield ultimately attempted to take the driver into custody who engaged Summerfield in a physical altercation and resisted arrest. As Summerfield struggled with the suspect, a tow truck driver identified as Christopher Frontroth attempted to assist Summerfield. The suspect attempted to take possession of Summerfield’s gun and stated he would shoot and kill both Summerfield and Frontroth if he was able to get Summerfield’s gun. Two additional troopers were dispatched to the scene, DPS HP Troopers Brent Haymore, #7670, and Allen Hernandez, #10307, and the suspect, identified as Matthew Menard, was taken into custody. Menard was transported to the Benson Hospital for treatment for the injuries he sustained during the altercation. While at the hospital, Menard was cleared by medical staff to be booked into jail. Menard, in a belligerent state attempted to leave the hospital while still handcuffed to the medical bed. Hernandez attempted to prevent Menard from leaving as Menard was in custody. As Hernandez attempted to prevent Menard from leaving, Menard initiated a physical altercation with Hernandez and attempted to remove Hernandez’ gun from his holster. As Hernandez attempted to prevent Menard from gaining access to his handgun and removing it from his holster, a bullet was discharged from Hernandez’ firearm which shot out of the bottom of his holster. The round passed through the wall of Menard’s patient room, into another patient room where Nurse Julie Qashu was standing. The round exited through the open door of the patient room Qashu was in and lodged into the wall next to the nurse’s station. After the round was discharged, Qashu and the other hospital staff evacuated from the emergency room, fearing for their lives. DPS HP Trooper Joshua Marotto, #10462, responded to the patient room where Hernandez and Menard were located after a witness advised him of the altercation and shooting. Upon entering the room, Marotto observed Menard attempting to gain access of Hernandez’s handgun. At which time, Marotto pressed the muzzle of his handgun against Menard’s chest and attempted to fire a round. Marotto’s gun failed to discharge due to the handgun being pushed out of battery. Hernandez’ gun was removed from Menard’s possession. Marotto holstered his handgun and Menard was placed in handcuffs, subdued, and ultimately booked into the Cochise County Jail. A handgun in Menard’s vehicle was discovered after its removal from the scene, and it was determined at the time of the incident, Menard was prohibited from possessing any weapons to include firearms due to having a felony conviction. Detective Travis Deskins, #7891, interviewed Menard and learned Menard had additional firearms at his residence. A new investigation was initiated by Deskins, and a search warrant was authored for Menard’s residence located at Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 1 of 2 ARIZONA DEPARTMENT OF PUBLIC SAFETY I. SYNOPSIS DR NUMBER: AZ1800238888 . Seven guns were seized from Menard’s residence. Menard was later transported and booked into the Cochise County Jail. Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 2 of 2 ARIZONA DEPARTMENT OF PUBLIC SAFETY II. INVESTIGATION DR NUMBER: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. AZ1800288888 DPS SIU Detective Michael Valdez, #7625 DPS SIU Detective Eric Andrews, #7757 DPS SIU Detective Rick Ortiz, #6760 DPS SIU Detective Robert Olshaskie III, #7027 DPS SID Detective Seth Boothe, #6113 DPS SID Detective Travis Deskins, #7891 DPS SID Detective Adrianna Marshall, #6332 DPS SIU Sergeant Jeremy Bulger, #6754 DPS SIU Captain Timothy Mason, #4937 DPS Investigations Captain Benjamin Buller, #5158 Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Investigative Report Supplemental Report Supplemental Report Supplemental Report Supplemental Report Supplemental Report Supplemental Report Supplemental Report Supplemental Report Supplemental Report Supervisor Sergeant Robert Phillips, #6284 Page 1 of 1 Fort Huachuca, AZ History Weather Underground Summary Temperature (° F) Actual Historic Avg. Record High Temp 93 0 102 Low Temp 64 0 57 Day Average Temp 78 0 - Actual Historic Avg. Record Precipitation 0 0 0.47 Month to Date 0 0 - Year to Date 0 0 - Actual Historic Avg. Record Heating Degree Days 0 0 - HDD Month to Date 0 0 - HDD Since July 1 0 0 - Cooling Degree Days 14 0 - CDD Month to Date 0 0 - CDD Year to Date 0 0 - Growing Degree Days 28 - - Actual Historic Avg. Record Dew Point 29 - - High 41 - - Low 21 - - Average 29 - - Actual Historic Avg. Record 22 - - Precipitation (Inches) Degree Days (° F) Dew Point (° F) Wind (MPH) Max Wind Speed https://www.wunderground.com/...=Benson&req_state=AZ&req_statename=Arizona&reqdb.zip=85602&reqdb.magic=1&reqdb.wmo=99999[7/17/2018 1:40:40 PM] Fort Huachuca, AZ History Weather Underground Visibility 10 - - Sea Level Pressure (Hg) Actual Historic Avg. Record Sea Level Pressure 29.86 - - Astronomy Day Length Rise Set Actual Time 14h 10m 5:17 AM 7:27 PM Civil Twilight 4:49 AM 7:55 PM Nautical Twilight 4:15 AM 8:29 PM Astronomical Twilight 3:38 AM 9:06 PM Moon: waning crescent 3:00 AM 4:10 PM Daily Observations Time Temperature Temperature Dew Point Point Dew Humidity Humidity Wind Wind Wind Speed Speed Wind Sun Jun 10 2018 00:58:00 GMT-0700 (US Mountain Standard Time) 73 ° F 40 ° F 31 % CALM 0 mph Sun Jun 10 2018 01:58:00 GMT-0700 (US Mountain Standard Time) 70 ° F 40 ° F 34 % CALM 0 mph Sun Jun 10 2018 02:58:00 GMT-0700 (US Mountain Standard Time) 67 ° F 41 ° F 38 % CALM 0 mph Sun Jun 10 2018 03:58:00 GMT-0700 (US Mountain Standard Time) 66 ° F 41 ° F 40 % CALM 0 mph Sun Jun 10 2018 04:58:00 GMT-0700 (US Mountain Standard Time) 65 ° F 40 ° F 41 % SE 3 mph Time https://www.wunderground.com/...=Benson&req_state=AZ&req_statename=Arizona&reqdb.zip=85602&reqdb.magic=1&reqdb.wmo=99999[7/17/2018 1:40:40 PM] Fort Huachuca, AZ History Weather Underground Sun Jun 10 2018 05:58:00 GMT-0700 (US Mountain Standard Time) 68 ° F 41 ° F 37 % SE 3 mph Sun Jun 10 2018 06:58:00 GMT-0700 (US Mountain Standard Time) 77 ° F 41 ° F 28 % E 3 mph Sun Jun 10 2018 07:58:00 GMT-0700 (US Mountain Standard Time) 81 ° F 39 ° F 23 % NNE 5 mph Sun Jun 10 2018 08:58:00 GMT-0700 (US Mountain Standard Time) 85 ° F 36 ° F 18 % CALM 0 mph Sun Jun 10 2018 09:56:00 GMT-0700 (US Mountain Standard Time) 88 ° F 32 ° F 14 % W 13 mph Sun Jun 10 2018 09:58:00 GMT-0700 (US Mountain Standard Time) 88 ° F 32 ° F 14 % W 9 mph Sun Jun 10 2018 10:23:00 GMT-0700 (US Mountain Standard Time) 90 ° F 32 ° F 13 % W 15 mph Sun Jun 10 2018 10:35:00 GMT-0700 (US Mountain Standard Time) 90 ° F 32 ° F 13 % SW 15 mph Sun Jun 10 2018 10:58:00 GMT-0700 (US Mountain Standard Time) 91 ° F 32 ° F 12 % SW 18 mph Sun Jun 10 2018 11:12:00 GMT-0700 (US Mountain Standard Time) 91 ° F 28 ° F 10 % W 17 mph Sun Jun 10 2018 11:39:00 GMT-0700 (US Mountain Standard Time) 91 ° F 28 ° F 10 % SW 21 mph Sun Jun 10 2018 11:50:00 GMT-0700 (US Mountain Standard Time) 91 ° F 28 ° F 10 % WSW 17 mph Sun Jun 10 2018 11:55:00 GMT-0700 (US Mountain Standard Time) 91 ° F 25 ° F 9% W 16 mph Sun Jun 10 2018 11:58:00 GMT-0700 (US Mountain Standard Time) 91 ° F 25 ° F 9% W 14 mph Sun Jun 10 2018 12:31:00 GMT-0700 (US Mountain Standard Time) 93 ° F 23 ° F 8% W 18 mph Sun Jun 10 2018 12:58:00 GMT-0700 (US Mountain Standard Time) 92 ° F 28 ° F 10 % WSW 22 mph Sun Jun 10 2018 13:28:00 GMT-0700 (US Mountain Standard Time) 93 ° F 27 ° F 9% WSW 17 mph Sun Jun 10 2018 13:58:00 GMT-0700 (US Mountain Standard Time) 94 ° F 24 ° F 8% WSW 22 mph Sun Jun 10 2018 14:31:00 GMT-0700 (US Mountain Standard Time) 93 ° F 27 ° F 9% WSW 20 mph Sun Jun 10 2018 14:34:00 GMT-0700 (US Mountain Standard Time) 93 ° F 27 ° F 9% W 21 mph Sun Jun 10 2018 14:58:00 GMT-0700 (US Mountain Standard Time) 93 ° F 26 ° F 9% WSW 20 mph Sun Jun 10 2018 14:59:00 GMT-0700 (US Mountain Standard Time) 93 ° F 28 ° F 10 % WSW 20 mph Sun Jun 10 2018 15:08:00 GMT-0700 (US Mountain Standard Time) 93 ° F 28 ° F 10 % W 18 mph Sun Jun 10 2018 15:37:00 GMT-0700 (US Mountain Standard Time) 93 ° F 27 ° F 9% WSW 15 mph Sun Jun 10 2018 15:57:00 GMT-0700 (US Mountain Standard Time) 93 ° F 25 ° F 9% SW 17 mph Sun Jun 10 2018 15:58:00 GMT-0700 (US Mountain Standard Time) 92 ° F 23 ° F 8% SW 17 mph Sun Jun 10 2018 16:16:00 GMT-0700 (US Mountain Standard Time) 93 ° F 25 ° F 9% W 21 mph Sun Jun 10 2018 16:26:00 GMT-0700 (US Mountain Standard Time) 93 ° F 25 ° F 9% WSW 15 mph Sun Jun 10 2018 16:40:00 GMT-0700 (US Mountain Standard Time) 93 ° F 23 ° F 8% W 18 mph Sun Jun 10 2018 16:52:00 GMT-0700 (US Mountain Standard Time) 91 ° F 23 ° F 8% WSW 21 mph Sun Jun 10 2018 16:58:00 GMT-0700 (US Mountain Standard Time) 91 ° F 23 ° F 8% WSW 18 mph Sun Jun 10 2018 17:32:00 GMT-0700 (US Mountain Standard Time) 91 ° F 23 ° F 8% WSW 15 mph Sun Jun 10 2018 17:58:00 GMT-0700 (US Mountain Standard Time) 91 ° F 21 ° F 8% W 20 mph Sun Jun 10 2018 18:58:00 GMT-0700 (US Mountain Standard Time) 87 ° F 24 ° F 10 % W 14 mph Sun Jun 10 2018 19:58:00 GMT-0700 (US Mountain Standard Time) 81 ° F 27 ° F 14 % WSW 9 mph Sun Jun 10 2018 20:49:00 GMT-0700 (US Mountain Standard Time) 79 ° F 28 ° F 16 % WSW 10 mph Sun Jun 10 2018 20:58:00 GMT-0700 (US Mountain Standard Time) 79 ° F 28 ° F 15 % WSW 12 mph Sun Jun 10 2018 21:41:00 GMT-0700 (US Mountain Standard Time) 79 ° F 28 ° F 16 % WSW 12 mph Sun Jun 10 2018 21:58:00 GMT-0700 (US Mountain Standard Time) 78 ° F 28 ° F 16 % W 10 mph Sun Jun 10 2018 22:58:00 GMT-0700 (US Mountain Standard Time) 76 ° F 26 ° F 16 % W 10 mph https://www.wunderground.com/...=Benson&req_state=AZ&req_statename=Arizona&reqdb.zip=85602&reqdb.magic=1&reqdb.wmo=99999[7/17/2018 1:40:40 PM] Fort Huachuca, AZ History Weather Underground Sun Jun 10 2018 23:58:00 GMT-0700 (US Mountain Standard Time) 76 ° F 23 ° F 14 % WSW 12 mph https://www.wunderground.com/...=Benson&req_state=AZ&req_statename=Arizona&reqdb.zip=85602&reqdb.magic=1&reqdb.wmo=99999[7/17/2018 1:40:40 PM] RETURN OF SEARCH WARRANT Detective Rick Ortiz, a peace of?cer in the State of Arizona, being duly sworn upon oath, deposes and says: That on or about the 10th day of June, 2017, Detectives executed search warrant, No. 2018- 006072 issued by the Honorable Tracy Nadzieja and the following described property or things were seized: - See attached list i Your Af?ant further certi?es that the foregoing inventory is true and detailed account of all the property taken and examined by him pursuant to A.R.S. 13-3 921. He has left a copy of the search warrant at 450 South Ocotillo road, Benson, Arizona and 98 center Way, Benson, Arizona. 2, 0271:; circus Af?ant, Detective Rick Ortiz #6760 Arizona Department of Public Safety This warrant returned, subscribed and sworn to before me this [Bday of June 2018. Judge, Justice of the Peace, or Ma '3 ate Of Maricopa County Superior Court HONORABLE MELESSA ZABOR MARECOPA COUNTY SUPERIOR COURT 'RiekOrJunl 10' 201832 Ta: Fax: [602) 25345.15 Page 1 ef 08971214). 1 I I I I FAX FROM 1 TD Rick Ortiz Rick Ortiz AZ DPS Phone (602) 551-7926 91186 . Phane Fax Number (602) 551-7926 Fax Number+16022532645 DATE 06/10/2013 NOTE please return the warrant to 602?551?6450. Please contact detective Rick Ortiz with any questions 602-206-8665. Thank you (?02.59 igw l0 20l80: To: Fax: (602)253-2645 . Page 2 ol'10lN0. .2 ARIZONA DEPARTMENT OF PUBLIC SAFETY SEARCH WARRANT OF ARIZONA, COUNTY OF COCHISE Plaintiff No. Vs. Matthew Joseph Menard TO ANY PEACE OFFICER IN COUNTY, STATE OF ARIZONA, Proof of af?davit having been made this day before me by Detective Rick Ortiz, I am satis?ed that there is probable cause to believe that; On the premises known as Mobile Maintenance and 93 Center Way, Benson, Arizona in the county of Cochise, Arizona,there is: .l 1998 dark colored Honda sedan bearing Arizona license plate CFA9576, and Which contains evidence of Aggravated Assault, a violation of ARS ?13-1204, Endangerment, a violation of . ARS ?13-1201, Misconduct Involving Weapons (Prohibited PossessOT), a violatiOn ?13? 3101?.' such as; 1. Any Physical characteristics such as DNA (blood, saliva other bodily ?uid) and fingerprints in and around the vehicle. . 2. Any Fireattns, Firearm parts, ammunition, and bullet fragments. 3. Any and'all electronic cOmmunicatiOns to include but not limited to cellular telephones, palm pilots, hand held computers, pagers, email, notes, documents showing communications between cO-cOnspiratOrs and/Or victims. 4. All electronic commonications, including those previously received or . transmitted, and those in transmission, or held in temporary, intermediate storage incident to transmission. The terms ?records, documents and materials, including those used to facilitate as used above shall include any and all conununications, preViously received, transmitted, or . stored or prepared in contemplation of transmission, or any seasickcdun. 10. 20180: 2: 34PM To: Fax: (602) 253a2645 Page 3 of ?10 NO. 08971221JP. in the process of being received or transmitted, including electronic mail or data associated with electronic bulletin board systems, whether stored on any of the electronic media named above or held in temporary, intermediate storage incident to transmission to the individuals 0r premises within the scope of this application. Also to include: Any and all electronic media stored in a removable or ?xed memory system on said phone, to include all photographs, videos, text messages, emails, and other data and documentation of said ?les and phone to include date and time of photographs or other data ?les taken and any other included information indicating ownership or possession of said phone or data ?les, to include addresses and/or telephone books and papers re?ecting names, addresses, and/or telephone numbers of any persons identi?ed as victims or co?conspirators_ All the records above, whether stored on paper, on magnetic media such as tape, cassette, disk, diskette or on memory storage devices such as optical disks, programmable instrUments such as telephones, ?electronic address books," calculators or any other storage media, together with indicia of use, oWnership, possession or control of such records. - Also on the premises known as the Benson Hospital, Located at 450 South Dcotillo Road, Benson, Arizona, a white building With blue trim, which contains evidence of Aggravated Assault, a violation of ARS ?13?1204, Endangerment, a violation of ARS ?13? 1201, Misconduct Involving Weapons (Prohibited Possessor), a violation of ARS ?13? 3102 sUch as' 6. Any Physical characteristics such as DNA (blood, saliva other bodily ?uid) and ?ngerprints in and around the hospital.' Any and all spent ammunition, shell casings, as well as unused ammunition. Any articles of clothing ?om Matthew Joseph Menard. Any and all police equipment. Which person, property or things: Was used as a means for committing a public offense was possessed with the intent to use it as a means of committinga public- offence are 'in the possession ofAriZona Department of Public Safety 3 irom:RickOlJunl 10. 2018s: To: Fax: Page 4 of ionNo, 4 consists of any items er constitutes any evidence which tends to show that the herein described public offense has been committed, or tends to show that a particular person has committed said offense. Such being more described 1n the affidavit to wit: Aggravated Assault a violation of ARS ?13-1204 Endangennent a violation of ARE ?13? 1201 Misconduct Involving Weapons (Prohibited Possesscr), a violation of ARS ?13- 3102 Which offense occurred on or about the 10th of June 2018 1n the County of Cochise State of Arizona. YOU ARE THEREFORE COMMANDED In the daytime Dr nighttime (good cause therefore having been shown) to make a search of the aboVe named place or described vehicle for. the herein above described information1 and if you ?nd the same or any part thereof to retain such in your custody or in the custody of the agency you represent, as provided by ARS ?13-3918. Given under my hand and dated this lot'1 day of June, 2018 If .1 . "1 dz! 2' 1.. 7?75?? a i 1" Judge? Justice of the Peace: or Magistrate of the Maricopa County Superior Court HONORABLE TRACY NAOZIBJA MARICOPA COUNTY SUPERIOR COURT -.orn: Flick?lJun, 10 2018s: To: Fear: (502)253-26d5 Page 5 of 1cINo, 5 ARIZONA DEPARTMENT OF PUBLIC SAFETY AFFIDAVIT FOR SEARCH WARRANT COUNTY or STATE or ARIZONA No. 101%:- 000671 Introduction: . Your a?iant, Detective R. Ortiz, 'is a Peace O?icer in the State of AriZona as defined under A.R-S. being ?rst duly sworn, upon oath, deposes and says: That on or about the 10111 of June, 2018, in the County of Cochise, State of Arizona. Matthew Joseph Menard DOB 01/05/1980 was involved in the Aggravated Assault a violation of ARS ?13?1204, Endangerment, a violation of ARS ?13- 1201, and Misconduct Involving Weapons (Prohibited Possessor), a violation of ARS ?13- 3102. Your a?iant has probable cause to believe and he does believe that there is now: On the premises-known as Mobile Maintenance and Towing LLC, 98-Center Way, Benson, Arizona in the countyr of Cochise, Arizona, there is: 1993 dark colored Honda sedan bearing Arizona; license plm?e CFA9576, and. PIN Which contains evidence of Aggravated Assault, a violation of ARS ?13-1204, Endangerment, a violation. of ARS ?13-1201, Misconduct Involving Weapons (Prohibited Possessor), a violation ?13- 310?. such as; 1. Any Physical characteristics such as DNA (blood, saliVa other bodily ?uid) and fingerprints in and around the vehicle. 2. Any Fireamis, Firearm parts, ammunition, and bullet fragments. 3. Any and all electronic communications to include but not limited to cellular telephones, palm pilots, hand held computers, pagers, em'ailhnotes, documents showing communications between eo-conspirators and/or victims. 4. All electronic communications, including those previously received er transmitted, and those in transmission, or held in temporary, intermediate storage incident to transmission: The. terms ?records, documents and irom:Riek01dUll. l0. 20l80: 2i 34PM To: . Fax: (602)253-3615 Page 6 of 0. materials, including those used to facilitate communications? as used above shall include any and all comniunications, previously received, transmitted, or stored or prepared in contemplatiOn of transmission, Or any communications in the process of being received or transmitted, including electronic mail or data associated with electronic bulletin board systems, whether stored on any of the electronic media named above er held in temporary, intermediate storage incident to transmission to the individuals or premises within the . scope of this application. Also to include: Any and all electronic media stored in a removable or fixed memory system on said phone, to include all photographs, videos, text messages emails and other data and documentation of said ?les and phone to include date, and time of photographs or other data ?les taken and any other included information indicating oWnership or possession of said phone or data files, to include addresses andXor telephone- books and papers re?ecting names, addresses, and/or telephone numbers of any persons identi?ed as victims or corconspirators. All the records above, whether stored on paper, on magnetic media such as tape, cassette, disk, diskette or on memory storage devices such as optical disks, programmable instruments such as telephones, ?electronic address books,? calculators or any other storage media, together with indicia of use, oWnership, possession or control of such records. Also on the premises known as the Benson Hospital, Located at 450 South Ocotillo Road, Benson, AriZOna, a white building with blue trim, which contains evidence of Aggravated Assault, a violation of ARS ?13-1204, Endangerment, a violation of ABS ?13- 1201, ARS ?13 6. and Misconduct Involving Weapons (Prohibited Possessor), a Violation of 3102 such as; Any Physical characteristics such as DNA (blood, saliva other bodily ?uid) and ?ngerprints in and around the hospital. Any and all spent ammunition, shell casings, as well as unused ammunition. Any articles of clothing from Matthew Joseph Menard. Any and all police equipment. Which person, property or things: El Ed was used as a means fer committing a public offense was possessed with the intent to use it as a means of committing a public offence 6 -'ro-rr1: Rick Old ll. 10- 20mm To: Fax: (602)253?2645 page 7 :11 1ntNo. are in the possession of Arizona Department of Public Safety El consists of any items or constitutes any evidence which tends to show that I the herein described public offense has been committed, or tends to show that a particular person has committed said offense. Such being more :?illy described in the af?davit, to wit: Aggravated Assault, a violation of ARS ?13-1204, Endangennent, a violation of ARS ?13? -1201, and Misconduct 'Involving Weapons (Prohibited Possessor), a violation of ARS ?13- 3102. Which offense occurred on or about the 10th day of June 2013, in the County of Cochise, State of Arizona. Af?ants Experience: Detective Ortiz is a police of?cer with the Arizona Department of Public Safety and has been so employed as a State Police Officer for the past 11 years. Detective Ortiz?s ?rst assignment was on patrol in central Phoenix. Detective Ortiz knoWs central Phoenixis a high volume traf?cking area with illegal narcotics, guns, human smuggling and illegal moneys being smuggled in and out of Mexico and the United States. Detective Ortiz?s next assignment was on patrol in the greater West Phoenix area. This area included but I Was not limited to larges stretches of northern Interstate 17 and large stretches of Interstate .10 and State Route 35. Detective Ortiz knows these areas to be major corridors for the trafficking of narcotics, guns, human smuggling and illicit proceeds in and out of Mexico andthe United States. During Detective Ortiz?s time on patrol he has been the lead inVestigator in and assisted with numerous investigations directed at the production, transportation and distribution of illegal narcotics and racketeering organizations and their members. Detective Ortiz?s next assigntnent Was part of an investigative group named the Maricopa Narcoticst-Iighway Interdiction Team (HIT). HIT is charged with investigating illegal organizations involVed in drug tra?icking and money laundering. Members of HIT have specialized training and caperience in identifying assets held by illegal enterprises that - would be used for ?iture drug deals and enterprise activities. Members of HIT have one goal to disrupt organizations that deal 1n illegal drugs and pro?t ?om the sale of those druga DetectiVe Ortiz has been the lead investigatcr and participated in over a hundred narcotic investigations during which he targeted individuals using, selling, transporting, and manufactdring illegal drugs to include Marijuana, Methamphetamine, Cocaine, Heroin, and prescription narcotics - Detective Ortiz's next assignment is as an undercover detective with the DPS state gang task force. While working in an undercover capacity, Detective Ortiz has conducted l0, 20l80: Fax: renaissa-asas Page a of 1oINo, 08971211P, surveillance on, befriended and purchased illicit drugs from criminal enterprise members. - Detective Ortiz?s heart assignment is as a Detective on the DPS Conspiracy Unit. The Conspiracy Unit?s sole tasking is to investigate, dismantle, and disrupt. command and - control of large scale Transnational Criminal Organizations. Detective Ortiz is currently temporarily assigned to the DPS Special Investigations Unit an investigative unit tasked with investigating officer involved shootings Homicides and other sensitiVe investigations. . He has also attended nUmerous seminars and training classes, receiving classroom and practical instruction related to his assignments including: 72 hours with the Tchon Police Department, Drug Recognition Expert School - I Cunent Auto Theft Trends and Strategies training at the Southwest Law Enforcement EXPO I AZ Most Common Liquor Violations and Fake ID training at the SouthWest Law Enforcement EXPO . . I 14 hours with the Arizona Department of Corrections, inside the Mexican Drug Cartel training. I 16 hours with the Federal Bureau of Investigations, Russian, Asian, African Cyber/Health Care and Mortgage Fraud. 24 hours with the Westem Regional Counterdru Training Center program title Financial Investigative Techniques: Follow the Money - Vehicle concealment demonstrations with Seized and Purpose Built Vehicles - 40 hours with the North West White Collar Crimes Center, Financial Investigation Practical Skills (FIPS) . 24 hours with Reid Institute Interview and Interrogation School I .6 hours with the South West Border Money Laundering Conference - 32 hours Phase I d: II Practical Kinesic Interview and Intenogation Techniques I. .7 hours with the US. Marshals Service, Patron Saints of the Mexican Drug Underworld I 8 Ircmj?iokDIJUil. i0- 20i803 Te: Fax: renaissance Page pi tolNo, 24 hours with Serrato and Associates, Inc. Undercover Operations and - Techniques. I I I I 40 hoursIWith Phoenix Training Council, Criminal Investigations Utilizing Cellular Technologies. I I I I 7 hours with Covert Track, Basic GPS tracking. 16 hours with Cellebrite, certification course for use of the cellebrite applications. Detective Ortiz also attended several hours of drug interdiction training, and criminal interdiction training through the Arizona Law Enforcement Academy and the Arizona Department of Public Safety Advanced Officer Training. Detective Ortiz also attends annual training provided by the Arizona Narcotics Officer Association (ANOA) and the Arizona Gang Investigators Association (AZGIA). Detective Ortiz also attended several hours of drug interdiction training, and criminal interdiction training through the Arizona Law Enforcement Academy and the Arizona Department of Public Safety Advanced O?icer Training. This training included, but was not limited to, the identi?cation and recognition of illicit drugs, including marijuana, cocaine and methamphetamine, the investigation and identification 'of the methods by which assets are hidden by. criminal organizations and a review of the state and federal forfeiture 1a\vs. Detective Ortiz has participated in over a hundred drug inVestigations and drug related seizures. Detective Ortiz?s investigative efforts have led to the identification of organizations members involved in money laundering, conspiracy to tra?ic drugs and other illicit activities. Detective OrtiZ?s investigations have resulted in the criminal indictment of organizational members, the dismantling of criminal organizations, and to the identification of monies earned through racketeering violations. Detective Ortiz has authored affidavits in support of search warrants which ultimately led to forfeitures of millions of dollars in illegal enterprise monies and assets. Details of investigation: Your Aftiant and other detectiVes within the Arizona Department of Public Safety (DPS) are investigating the aggravated. assault, endangerment and misconduct involving Weapons violations, committed by Matthew Joseph Menard. On or about June 10, 2013, DPS'O?icers responded to a collision on Interstate 10, in the I area of MP 12.97. Upon the officer?s arrival, a single vehicle collision Was located. The driver and sole occupant of the vehicle, a dark colored 1998 Honda sedan bearing Arizona license plate CFA9576 and 1HGEJ6128WL073492, was identi?ed as Matthew Joseph Menard by his Arizona driver?s license. During the initial investigation Menard was suspected to be impaired and in an attempt to take Menard into custody, 3 9 irem: Rick Dd fl. l0. 20 8H1: To; . Fax: (602)253-26d5 Page 19of 10 NO. l0 Menard began to ?ght with officers which resulted in multiple Taser deployments. Menard was taken into. custody and transported to Benson Hospital for minor injuries. Menard?s Vehicle was taken by Mobile Maintenance and Towing LLC and currently being stored at their storage lot, located at 93 Center Way, Benson, Arizona. Shortly after being cleared by medical staff at the Benson Hospital, 450 South Deotillo Road, Benson, Arizona, Menard attempted to leave the hospital. Menard was restrained by an officer. Menard then. attempted to gain control of the officer's gun. During the struggle, one round was ?red into a wall. Menard was eventually restrained and of?cers regained control of the gun. No one was injured due to the gun shot. Several officers and hospital staff were in close proximity when the gun was ?red placing them in imminent risk of death or serious bodily harm. Detectives were noti?ed by Mobile Maintenance and Towing, a gun was located in the glove box of the 1998 Honda sedan. A criminal records check of Menard showed he is a convicted felon. For the above listed vehicles herein described and that the same be retained in the custody of your Affiant or in the custody of the agency which your Affiant represents and disposed of according to law, pursuant to ARS ?13-3920. f8 5111:? gag; Affiant, Detective Rick Ortiz #6760 AriZona Department of Public Safety SUBSCRIBED AND SWORN TD befOre me this 10'11 day ofJune 2018 Judge, Justice of the Pbace, or Magistrate of the Maricopa County SuperiOI Count HON DRABLB TRACY NADEIBJA meteors coUN'r'v ass-salsa sonar Pubic Entrance Patient Room Trooper Maroto Anita Paxton receptionist In rest room Reception Nurse Julie Cashu Patient Room Nurse Constance Proulx Round Path Lab Tec Dena Welch Tec Gary Edwards Nurse Station Patient Room Suspect Trudy Marks EMT HCI Patient Room Doc. Howard Trooper Hernandez Patient Room Patient Room Patient David Bales Patient Room Patient Room 06/17/18 12:08:08 PRINT REQUESTED BY TERMINAL FAD2 Incident History for: Xref: Agency Numbers: Entered 06/10/18 02:28:45 BY TD04 Dispatched 06/10/18 02:29:24 BY TD04 Enroute 06/10/18 02:29:24 Onscene 06/10/18 02:36:26 Closed 06/10/18 20:56:52 Initial Type: 964 Final Type: 998 (OFCR INVOL SHOOTING) Initial Priority: 1 Disposition: BKD Final Priority: Source: Primary Unit: 924 Patrol BLK: 09 Fire BLK: Other BLK: Group: 09 Beat: TB Map Page: Loc: BISBEE JAIL (NV) Name: CJ MOBILE MAINT Addr: Phone: Cell lat/long: E911 line: /0228 (P810336 ENTRY TDO4: UNK VEH WENT OFF INTO DITCH, IN FRONT OF MOBILE MAINTENANCE. CAN SE RED LIGHTS, HEAR YELLING. NEXT TO CHEVRON /0229 920 /0229 DISPER 920 SUMMERFIELD, BRIAN FROM 305 /0229 MISC OUT 921 /0230 AME PD /0232 AME FIRE /0233 MISC ,06/10/18 02:33:43 Message To: TD04 From: 92 0 /0233 MISC RE: RP WAS NOT ABLE TO ADV EB OR WB, JUST TH AT IT WAS /0233 MISC /0234 (P85855 ASST 921 HAYMORE, BRENT CALLED OUT /0234 (P810336 CHANGE LOCBLK: 09 /0236 NEWLOC 920 /0239 ENROUT 921 /0240 CHANGE TYP: 964 C34 RSP: PRI: 1 3 1381 /0240 MISC MEDS /0243 MISC 920 ,1090 /0244 MISC 920 ONE, 244 /0244 (P85855 ASSTER 1721 PALMER, ROBERT /0244 MISC 1721 MM /0244 (P810336 MISC 920 TRAFFIC /0245 (P85855 ASSTER 1727 MINNIX, COREY 400 CONG /0245 (P810336 MISC 920 PD SENDING 1 UNIT /0246 (P85855 OTHER /0246 OTHER ADVISED NO UNITS AVAIL /0247 (P810336 MISC 920 NEED ADITIONAL UNIT /0248 /0248 /0248 /0250 /0250 /0250 /0251 /0251 /0251 /0251 /0252 /0252 /0252 /0253 /0253 /0253 /0254 /0254 /0258 /0259 /0259 /0259 /0300 /0306 /0309 /0313 /o313 /0313 /o313 /0324 /0324 /0325 /0333 /0407 /0408 /0408 /0408 /0409 /0409 /0409 /0409 /0409 /0409 /0410 /0411 /0412 /0414 /0414 (P85855 (P810336 (PSS855 (P810336 (P85855 (P810336 (P55855 (P810336 (P85855 (P810336 (P85855 (P510336 (P57670 (P510336 (P85855 (P810336 (P85855 (P810336 (P85855 (P810336 (P85855 OTHER OTHER MISC ASSTER MISC ONSCNE ASSTER MISC MISC MISC CHANGE SUPP MISC MISC OTHER MISC CLEAR CLEAR REMINQ MISC ROTREQ REMINQ OK ONSCNE MISC MISC CHGLOC CHGLOC ONSCNE ONSCNE CLEAR ASSTOS MISC MISC ASSTOS MISC MISC MISC MISC MISC OTHER OPCOMM MISC SGT MISC CAPT SUPP 920 912 921 1614 1614 1614 920 920 921 920 1727 1721 1614 920 920 920 920 921 912 921 912 921 912 912 921 920 921 920 921 920 917 917 917 917 917 917 917 917 917 CO 80 SENDING UNITS SO FROM MEDS HERNANDEZ, ALLEN SO WILL START MESCAL MEDS FOR US PEACOCK, LAWRENCE ,06/10/18 02:51:14 Message From: 1614 19 TO 920 ADV 4 AGENTS AND A SGT 1019 TYP: C34 1090 RSP: PRI: 3 2 TXT: PIMA SO ALMOST PASSING SR83 JCT NOW, STIL 1019 SRC: PD ADV ALL MEDS ARE 1019 RECEIVED 1015 X1 SO WILL 10-22 AIR ,1022 ,1022 CFA9576 MAINT WILL BE TAKING VEH LTOW, MM9L, BNL, MOBILE MAINTENANCE- -BENSON - WANT, 920 WITH AMBULANCE TO HOSPITAL IN BENSON 921 HOSP HOSP SUMMERPIELD, BRIAN I 1 HOSP MAROTTO, JOSHUA ,1091 INSIDE BENSON HOSP FIRED INSIDE BENSON HOSPITAL CCSO ,10-21 BENSON PD WILL TRY TO FREE UNITS TO RESPOND, WILL CALL BACK ACTING IS 1019 ADVISED PD 97 VIA 1021 VM, HE IS CURRENTLY 1021 WITH 900 TXT: 910 SAID TO CALL 900 AND SEE IF HE WANTS /0416 /0417 /0438 /0438 /0445 /0446 /0451 /0453 /0454 /0456 /0458 /0458 /0500 /0502 /0505 /0507 /0510 /0517 /0518 /0519 /0521 /0527 /0529 /0543 /0546 /0547 /0552 /0601 /0601 /0605 /0610 /0614 /0634 /0634 /0634 /0637 /0642 /0642 (P510336 (P510336 (PSS8SS (P310336 (PS4015 (P310336 (PS4015 (P310336 (P35855 (P810219 (P85183 (P810405 (P85183 CHANGE DUTY MISC NEWLOC SUPP DUTY DUTY TRANS CHANGE TRANSC MISC MISC ASSTER MISC MISC ASST OPCOMM MISC MISC MISC MISC ASSTER ASSTER CLEAR ASSTER ASSTER ASSTER ONSCNE MISC ASSTER ASSTER ASSTER MISC MISC NEWLOC NEWLOC NEWLOC 920 920 921 921 900 900 900 906 920 920 906 906 B200 927 900 B216 D305 D300 B200 920 B219 D311 D315 D315 D315 920 906 912 .926 DRIVER: CHRIS FRONTROTH 910 TO RESPOND SRC: TYP: 1090 SHOTS RSP: PRI: 2 2 HOSPITAL COMMAND TXT: 920 ON 10-21 REQ CALLOUT CH30 OR CH32 TO TALK TO 912 SRC: TO DOCAD FOR CHAPLAIN CALLOUT COPIES REQUEST FOR CHAPLAIN, ADVISED STA NDBY TYP: SHOTS 998 RSP: PPS PRI: 2 ,06/10/18 04:58:00 Message To: TD04 From: DO 02 CUTLIPP WILL CTC SERGEANT OR 912. HOSP CHASE, SV PIO, SEE IF SOMEONE CAN 10-21 OUT 906, HAVE HIM RESPOND TO SCENE HOSP TAPIA, MARTY TO FROM MOBILE MAINT CALLED, ADV FOUND A GUN IN THE VEHICLE. CELL: IN GLOVE BOX OF VEHICLE, CJ MENTIONED THA THE SUBJECT HAD THREATENED TO KILL 920 AND IM ,10-27 ALBERTSON IS PASSENGER BULLER, BEN DRUMMOND, CHRIS DESKINS, TRAVIS BULGER, JEREMY HOSP MASON, TIM MARSHALL, ADRIANA OLSHASKIE ROBERT ORTIZ, RICK ,06/10/18 06:34:13 Message From: D315 YOU SHOW ME 1019 TO THE 998 CALL PLEASE [103] 103] 103] /0642 /0642 /0642 /0644 /0645 /0651 /0653 /0706 /0707 /0707 /0709 /0732 /0805 /0815 /0815 /0820 /0836 /0916 /0941 /0953 /1000 /1010 /1014 /1017 /1045 /1057 /1111 /1145 /1219 /1226 /1226 /1227 /1229 /1316 /1347 /1407 /1409 /1413 /1415 /1416 /1430 /1431 /1432 /1433 /1439 /1440 /1440 /1440 /1448 (956947 (955183 (955726 (954231 (955183 (956947 (PS7896 (955183 (PS6947 (955664 (956760 (954524 (955183 (955709 (955183 (956760 (954524 (9510405 (955709 (954015 (956947 (P85183 (P810135 (PS4231 (P810135 (P8423l (P810262 (P810135 (PS6948 ASSTER NEWLOC CHGLOC CLEAR ASSTER ONSCNE NEWLOC ASSTOS MISC MISC ASSTOS ONSCNE ONSCNE ASSTER REMINQ ONSCNE CROSS ONSCNE CLEAR ASSTER SUPP SUPP SUPP MISC CLEAR CLEAR ASSTOS CLEAR CLEAR ASSTOS MISC NEWLOC NEWLOC NEWLOC CLEAR D312 917 927 D305 D305 927 B219 921 900 D305 D311 D314 D312 D300 D305 900 D315 B219 D305 920 D311 D315 B200 D332 920 920 906 D312 921 924 B219 927 917 927 924 924 912 924 D300 D311 D300 B216 D332 HOSP #957757 ANDREWS, ERIC 103] BULGER, JEREMY 103] 103 #955664 CHASE, ,916 ALSO 103 BENSON WW CLOSURE INFO VALDEZ, MICHAEL I10 AT 297 MP BULGER, JEREMY QASHU.JULIE..F.03211971.. #91806100371 CFA9576 #957033 WARREN, EDWARD MWANT, ALBERTSON, HAROLDJ, M. TXT: CHRIS FROM MOBILE MAINT ADV HE IS STILL AITING ON 1017'5 AND FOR A UNIT TO PICK U9 GUN HE FOUND IN VEHICLE SRC: TXT: CHRIS CAN BE REACHED SRC: TXT: CORRECTION 10?21 FOR CHRIS SRC: ,920 UPDATED #9510262 LEE, DALE 103] MWANT, STEINER, KEVIN, 103] #9510262 LEE, DALE COMMAND MAINTENANCE MAINTENANCE 103 /l458 /l458 /1458 /1507 /1530 /1532 /1537 /1539 /1546 /1619 /1730 /1730 /1730 /1730 /1809 /1315 /1816 /1821 /1849 /2056 /2056 (P810135 (P35709 (P310135 (PS7853 (P310135 (PS4231 (P310135 (P36760 (P310135 (P310262 vaH?dv CLEAR ASSTOS CLEAR CHGLOC CLEAR ONSCNE CLEAR CLEAR ASSTOS CHGLOC CONTCT CONTCT CLEAR SPREMPT CLOSE D300 D300 D300 920 D311 B216 D311 927 927 D311 924 924 924 924 924 D315 D305 924 924 D314 924 MASON, TIM MAINT LOC: WB I10 AT 297 MP BISBEE JAIL LEE, DALE Contact timer set: Contact timer set: 80/336 30 Minute(s) 30 Minute(3) DSP: BKD ON 13-1104A3 X3, X3, A 10, 13?120 4A8 X4, 13-3102A4 X1 13-1201 ARIZONA DEPARTMENT OF PUBLIC SAFETY TABLE OF CONTENTS DR NUMBER: I. SYNOPSIS II. INVESTIGATION III. FINDINGS IV. INTERVIEWS V. SUPPORTIVE DOCUMENTS VI. PHOTOGRAPHS Detective Name Michael Valdez ID No. 7625 Location 31030100 AZ1800238888 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 1 of 1 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 This report is authored by Arizona Department of Public Safety (DPS), Special Investigations (SIU) Detective Michael Valdez, #7625. Notification On Sunday, June 10, 2018, at approximately 0528 hours, I was contacted by DPS SIU Detective Eric Andrews, #7757. Andrews stated there was an officer-involved shooting which occurred at Benson Hospital in the town of Benson, Arizona. Andrews requested I respond and that additional information would be given upon arrival. Response/Arrival At approximately 0623 hours, I responded to the Benson Hospital. At approximately 0805 hours, I arrived at the emergency room of the Benson Hospital where the incident occurred, located at 450 South Ocotillo Ave, Benson, Arizona. Upon my arrival, I observed Highway Patrol (HP) and civilian vehicles in parking stalls within the parking lot of the emergency room. Upon arriving, I observed the outside of the Benson Hospital was adequately illuminated. The Benson Hospital was surrounded by businesses and other health care offices. The weather was approximately 93.0 degrees Fahrenheit, 8% humidity, clear skies, and wind speeds were approximately 21.9 miles per hour. (Supportive Documents V.1 – Weather Report) I entered the hospital through the south entrance of the emergency room and was granted entry through a controlled access door by the desk attendant. Upon entering through the door, I observed two single-patient rooms along the east wall which were cordoned off with yellow crime scene tape. Across from these two rooms, just to the west, was the Nurse’s Station. I observed four additional patient examination rooms along the north wall of the emergency room. I met with the following DPS personnel located in Emergency Room five: scene commander, Captain Benjamin Buller, #5158, Major Crimes District Commander, Captain Timothy Mason, #4937, Detective Travis Deskins, #7891, Detective Seth Boothe, #6113, and scene scribe, Detective Adriana Marshall, #6332. Buller, Deskins, and Boothe informed me they had conducted interviews with witnesses and victims and still had one interview remaining. The remaining interview to be conducted was with David Bills, a patient of the hospital who was in examination room four at the time of the incident. I accompanied Boothe and Deskins as they conducted the interview with Bills. Andrews arrived at approximately 0815 hours. Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 1 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 Crime Scene The Benson Hospital Emergency Department is comprised of seven patient examination rooms, a reception area, a Nurse’s Station and a patient restroom. The patient examination rooms are positioned in a “L” shape, starting on the north wall with rooms two, three, four and five and continuing on to the east wall with room six and seven. The reception area is positioned directly south of patient examination room seven. Directly to the north of rooms two through five there is an elongated desk running from east to west which serves as the Nurse’s Station. Along the west side of the Emergency Department there was a patient restroom and access to other areas of the hospital. An additional patient examination room is located directly to the west of the reception area, south of the Nurse’s Station. At the time of the altercation, Receptionist Anita Paxton was in the restroom, located on the west side of the Emergency Department. Emergency Medical Technician Trudy Marks was standing in front of (north of) the Nurse’s Station near the west end of the desk and patient David Bills was located in patient examination room number four directly to the north of the Nurse’s Station. Behind (south of) and to the east end of the Nurse’s Station were Lab Technicians Dena Welch and Gary Edwards and Nurse Constance Proulx. Doctor Ryan Howard was standing directly outside patient examination room six. Directly to the east of the Nurse’s Station, within patient examination room six, the location of the altercation were Mathew Menard and Trooper Allen Hernandez. Within patient examination room seven, directly south of patient room six was Nurse Julie Qashu. Lastly Trooper Joshua Marotto was located in the public waiting room directly south of the reception desk. Briefing At approximately 0840 hours, I attended an incident briefing. The incident briefing was conducted by Buller in patient room five. Buller relayed the following information regarding the incident: On Sunday, June 10, 2018 at approximately 0228 hours, a vehicle was reported off the roadway on the westbound Interstate 10 at milepost 297. The original call for service was issued an incident number in the DPS Computer Automated Dispatch (CAD) system as #P1806100094. The responding unit was identified as DPS Highway Patrol (HP) Sergeant Brian Summerfield, #5709 KALL sign 920, who arrived on-scene at 0236 hours. (Supportive Documents V.9 – CAD Report) At 0243 hours, Summerfield requested a “10-90” and stated, “fighting one.” Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 2 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 Case Note: 10-90 is a radio code used by DPS personnel while requesting another unit with a non-urgent response. At 0250 hours, DPS HP Trooper Brent Haymore, #7670, arrived on-scene to assist Summerfield. At 0253 hours, Summerfield advised “10-15 times 1, code 4”. Case Note: 10-15 is a radio code used by DPS personnel while advising there is a suspect taken into custody, arrested. Case Note: Code 4 is a radio code used by DPS personnel while advising there is no need for further assistance. Buller noted a short time after the suspect was taken into custody, Trooper Allen Hernandez, #10307, arrived on-scene after working a wide-load escort. Case Note: Hernandez’s response to the scene and the accurate time of his arrival was not recorded in the call history. The reason the times were not recorded is unknown. Buller advised Summerfield delivered multiple Taser deployments and physical “strikes” to the suspect. Summerfield was said to have suffered minor injuries such as cuts and scrapes as a result of being assaulted by the suspect, later identified as Matthew Joseph Menard, date of birth Case Note: A Taser is an Electronic Control Weapon issued by DPS. Menard was transported to the Benson Hospital by Healthcare Innovations Ambulance (HCI) “HCI Ambulance” where Menard was to be cleared for booking. Haymore rode in the ambulance with Menard due to his combative behavior. Menard had his left hand handcuffed to the gurney as he rode in the ambulance and while he was being evaluated by medical personnel at the Benson Hospital. After being medically cleared by medical personnel at the Benson Hospital, Menard attempted to leave the patient room while he was handcuffed to the bed. Hernandez, who had been assigned to guard Menard, attempted to stop him from leaving the room. As Menard attempted to exit the room, a struggle ensued between Hernandez and Menard, where Hernandez’s handgun was somehow removed from his holster. As the struggle between Hernandez and Menard ensued, Trooper Joshua Marotto, #10462, was in the Benson Hospital Waiting Room waiting for his Field Training Instructor, Trooper Bobbie Woolley, #6519. Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 3 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 One round was shot from Hernandez’ firearm as Hernandez struggled to regain control of his department issued firearm from Menard, who had been attempting to remove the firearm from Hernandez’ holster. The bullet traveled through the south wall which separates room six and seven within the emergency room. A nurse identified as Julie Qashu had been standing in room seven at the time the round was fired from Hernandez’ firearm. The bullet continued through room seven and out of room seven’s door which was open at the time. The bullet became lodged in the southern wall of the emergency room area. Qashu ran out of the emergency room area toward the waiting room, ultimately opening the door for Marotto to make entry into the emergency room area. As Marotto made entry into room six to assist Hernandez who was still struggling with Menard, Marotto “muzzle punched” Menard and attempted to fire by pulling the trigger of his department issued firearm which caused his firearm to go “out of battery.” Case note: A muzzle punch is a physical act of throwing a strike using the muzzle of the gun as a striking instrument. Case note: “Out of battery” is a term used to describe the condition of a firearm in which the firing mechanism is not properly aligned to cause a normal firing position. Hernandez told Marotto to holster his weapon because he was able to gain control of Menard and place him into handcuffs. Menard was later removed from the hospital and transported to the Benson Police Department located at 360 South Gila Street, Benson, Arizona. Buller provided me with a diagram of the Emergency Department that included a depiction of where hospital staff were believed to be when the shooting occurred. (Supportive Documents V.3 – Diagram) Case note: the diagram was not completed to scale. Buller also relayed the following information: • A 10-91 was declared at 0409 hours, inside the Benson Hospital, shots fired inside the Benson Hospital Case note: 10-91 is a radio code used by DPS personnel while requesting another unit with an urgent response. Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 4 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: • AZ1800238888 The suspect was identified as: Matthew Menard Social Security Number (SSN): Operator License Number (OLN): D06884304 • The involved Highway Patrol Units were identified as follows: 920- Sergeant Brian Summerfield, #5704 912- Trooper Allen Hernandez, #10307 921- Trooper Brent Haymore, #7670 916- Trooper Bobbie Woolley, #6519 (Field Training Instructor) 917F- Trooper Joshua Marotto, #10462 (Trooper in Training Status) • At the time of the shooting: Marotto was in the Benson Hospital Waiting Room Woolley was outside the Benson Hospital in the parking lot Haymore was outside the Benson Hospital in the parking lot Summerfield was outside the Benson Hospital in the parking lot SIU Briefing At the conclusion of Buller’s incident briefing, Mason conducted an SIU briefing where the following tasks were assigned: • • • • • Lead Detective – DPS SIU Detective Michael Valdez, #7625 Co-Lead Detective – DPS SIU Detective Rick Ortiz, #6760 Lead Crime Scene Detective – DPS SIU Detective Eric Andrews, #7757 Assisting Detective – DPS SIU Detective Robert Olshaskie, #7027 Scene Supervisor – DPS SIU Sergeant Jeremy Bulger, #6754 Chronological Sequence of Events Based on the involved parties’ interviews, audio recordings, witness interviews, supplemental reports, crime scene evidence and other incident related documents, the following narrative describes the events which occurred during the incident. On Sunday, June 10, 2018, at approximately 0135 hours, Sergeant Brian Summerfield, #5709, was called out by the DPS Operational Communications (OPCOMM) and responded to a blocking collision located at milepost 306 on the eastbound Interstate 10, identified by the CAD Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 5 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 number #P1806100057. While en-route to the collision, a report of a separate incident was received by the OPCOMM and Summerfield was diverted from the blocking collision to respond to the recently received incident. At 0228 hours, a vehicle was reported as having went off the roadway and into a ditch. The location was described as in front of the “Mobile Maintenance.” The caller could see red lights and heard yelling next to the Chevron located near milepost 297 on the westbound Interstate 10. Summerfield advised the OPCOMM to callout Trooper Brent Haymore, #7670, to assist. The caller, identified as Christopher Frontroth, responded to the scene after reporting the incident. Frontroth believed a collision had occurred. Frontroth was a tow truck driver and the company he works for, “Mobile Maintenance” had a towing contract with the DPS. Frontroth checked to ensure the occupants of the involved vehicle were not harmed. Frontroth advised the occupants involved in the crash he had called medical and law enforcement. At approximately 0236 hours, Summerfield, driving a fully marked DPS HP patrol car, and wearing his DPS HP Class-B uniform, arrived on-scene and advised the OPCOMM there was no collision and the incident classification could be changed to a motorist assist. Upon arriving on scene, he spoke to a male subject who he identified as a passenger from the vehicle. The male passenger identified himself verbally as Harold Albertson by name with a date of birth of While on-scene, Summerfield observed the involved vehicle along with a tow truck present. Haymore continued to respond to the incident. Case note: The DPS HP Class-B uniform worn by Summerfield was comprised of a Silver-Tan Collared short-sleeve button style shirt, with silver-tan uniform style slacks, a gold-plated breast seven-point style badge over the left chest, and a nylon gun belt with accessories to match. While on-scene with the involved, Summerfield observed the driver of the vehicle, (later identified as Matthew Menard, date of birth walk up behind Summerfield. Menard stated the vehicle he was driving, a black and blue 1998 two door Honda Civic bearing an Arizona License plate of CFA9576, had pulled to the left and he had run off the road. Summerfield observed Menard exhibiting signs of impairment, specifically detecting the odor of an intoxicating beverage emitting from Menard’s person. Summerfield notified the OPCOMM of his observations at approximately 0240 hours. Summerfield asked Menard if he would be able to perform field sobriety tests to rule out impairment. Menard stated to “go ahead” and the “tests weren’t any good anyway.” Summerfield administered field sobriety tests on Menard and stated he observed the following indicators of impairment: Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 6 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: • • AZ1800238888 Six out of six clues during the Horizontal Gaze Nystagmus (HGN) field sobriety test Seven out eight clues of impairment during the “Walk and Turn” field sobriety test Prior to beginning the Walk and Turn, Menard told Summerfield he had a bad knee. During the Walk and Turn, Summerfield stated Menard grabbed his knees and Menard stated his knees hurt. Summerfield stopped the test and stated he had seen plenty of indicators to determine Menard was impaired. While witnessing the field sobriety tests, Frontroth stated he could smell alcohol on Menard and observed Menard was “not doing very well” while “walking the white line.” Due to the indicators mentioned above, and based on Summerfield’s training and experience, Summerfield attempted to take Menard into custody and place him under arrest for driving under the influence (DUI), a violation of Arizona Revised Statue §28-1381. At 0243 hours, Summerfield requested a unit to respond to his location to assist him. At 0244 hours, as Summerfield attempted to retrieve his handcuffs from his gun belt, and he informed Menard he was under arrest for DUI. Menard began resisting arrest by refusing to put his hands behind his back and Menard pulled away from Summerfield. Summerfield stated while attempting to gain control of Menard’s arm, Summerfield dropped his flashlight. Summerfield grabbed Menard and attempted to take him to the ground to place Menard into custody. Summerfield advised the OPCOMM he was in a fight with Menard. Menard was combative and resisting arrest. Menard landed on his back after Summerfield took Menard to the ground. Menard began grabbing Summerfield and tried to escape Summerfield’s custody. Summerfield stated he was not sure how long he had been attempting to place Menard under arrest while Menard continued to struggle, but at some point, Summerfield saw Frontroth attempting to assist Summerfield take Menard into custody by grabbing Menard’s right arm. Summerfield gave numerous commands to Menard to, “quit resisting,” none of which had any effect on the Menard. Menard made statements claiming Summerfield was violating his rights and Menard became combative with Summerfield by wrestling and pushing away from Summerfield in an attempt to escape custody. Summerfield stated at some point while attempting to arrest Menard, his handcuffs were knocked away from him and Frontroth was able to recover the handcuffs. Frontroth recovered Summerfield’s handcuffs and attempted to assist handcuffing Menard. During the struggle with Menard, Summerfield was able to place one handcuff on Menard’s hand and Frontroth attempted to handcuff Menard’s other hand. Menard continued to struggle with Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 7 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 Summerfield and continued to push away from Summerfield as he was placing Menard under arrest. Summerfield warned Menard, if he did not stop resisting, he was going to be tased. Menard told Summerfield he did not care, and the Taser did not affect him. Summerfield stated he drew his Taser and pointed it at Menard’s chest and fired one cartridge. Summerfield stated the Taser deployment had little to no effect on Menard. Menard knocked the Taser out of Summerfield’s hands, therefore continuing to resist Summerfield from taking him into custody. Summerfield attempted to regain control of Menard and stated, the next thing he felt was Menard “tugging” at Summerfield’s holster numerous times. Summerfield stated he realized Menard was attempting to gain control or remove Summerfield’s handgun from his holster. Frontroth stated Menard said, “if he got the gun, he was gonna kill us,” (referring to both Summerfield and Frontroth). Summerfield also believed Menard would have shot him had he been able to remove his handgun. Frontroth stated his thoughts were to keep Menard from getting Summerfield’s handgun because he had no doubt Menard would have shot Frontroth and Summerfield if he had been able to take possession of it. Frontroth stated he feared for both his life and Summerfield’s life. Summerfield continued to deflect Menard’s hands from grabbing his handgun and was able to re-acquire his Taser. It was later determined, Menard is prohibited by law from possessing any weapons to include firearms. By attempting to take possession of Summerfield’s handgun, and Menard stating he would shoot both Summerfield and Frontroth, Menard committed the offenses of Misconduct Involving Weapons, and Attempted Homicide. (Supportive Documents V.6 – Certified States of California Felony Conviction) Summerfield pointed the Taser towards the back of Menard’s legs and deployed the Taser again. Summerfield believed the cartridge deployment had some effect on Menard but stated Menard began struggling “harder” while continuing to resist Summerfield from taking him into custody. Summerfield was able to get Menard on to his stomach and gain better control of Menard. With the assistance of Frontroth, Summerfield was finally able to handcuff Menard and take him into custody. Summerfield was able to drag Menard out of the roadway and onto the shoulder. Case note: Based on CAD records, Summerfield advised “fighting one” at 0244 hours. The fight lasted for approximately four minutes when Summerfield advised to “start meds”. At approximately 0250 hours, Haymore arrived on-scene in his fully marked DPS HP patrol car wearing his DPS HP Class-B uniform and assisted Summerfield by assisting Menard up from the ground. Menard continued to accuse Summerfield of violating his rights. Menard began kicking at Summerfield and Haymore striking Summerfield in his legs, at which point, Menard was taken Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 8 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 back to the ground in an attempt to regain his compliance. Another attempt was made to escort Menard to a patrol vehicle for transport. Menard again became combative and began kicking Summerfield and Haymore. During the struggle with Menard, Summerfield and Haymore along with Menard fell to the ground. Menard began kicking and struggling again, while continuing to prevent Summerfield from taking Menard into custody. Menard was helped to his feet once more and continued to resist being arrested while Summerfield and Haymore attempted to secure Menard in Haymore’s patrol vehicle. Haymore opened the door to his patrol car to speak with Menard and found Menard was unresponsive. Summerfield stated he had already been advised by Menard when he was fighting and resisting arrest, he was in need of an ambulance. The CAD noted a request for an ambulance was made by Summerfield during the struggle at 0248 hours. Between 0250 hours and 0313 hours the ambulance arrived on-scene and medical personnel advised they were transporting Menard to the Benson Hospital to be evaluated. Haymore traveled with Menard in the ambulance due to Menard’s previously observed combative behavior. Haymore stated, while in the ambulance, Menard became argumentative with medical personnel. Summerfield advised Hernandez arrived on scene after returning from a wide-load escort. Case note: The ambulance arrival time was not reflected in the CAD history. Hernandez followed behind the ambulance to the Benson Hospital. The vehicle Menard was driving in was removed from the scene by Mobile Maintenance Towing and stored in their lot, located at 98 North Center Way, Benson, Arizona. Summerfield proceeded to the Benson Hospital. Once at the Benson Hospital, Menard remained handcuffed to the hospital bed by his left hand. Haymore was able to identify the suspect as Matthew Menard with a date of birth of Menard identified himself as Matthew Menard to Summerfield prior to being transported to the hospital. Menard’s identification was corroborated by his Arizona Driver’s License. Summerfield instructed Haymore and Hernandez to remain with Menard at the Benson Hospital as he departed to check on the DPS troopers at the other collision location. Summerfield remained at the collision scene which was located at milepost 306 on the Interstate 10 before returning to the Benson Hospital. Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 9 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 Upon Summerfield’s return to the Benson Hospital, Summerfield met with Haymore who had agreed a search warrant for a sample of Menard’s blood should be applied for due to the impairment observed on Menard and because Menard refused any tests under the Implied Consent Affidavit. Haymore and Summerfield turned over supervision of Menard to Hernandez as they both went out to the parking lot of the Benson Hospital to draft a search warrant. Hernandez stated Menard had been requesting a telephone and was yelling at the medical staff. Hernandez stated a female hospital worker got up from her chair to walk into Menard’s hospital room, requested Menard to relax and calm down because there were other patients in the hospital. Hernandez stated Menard was displeased with the hospital worker’s statements and attempted to get out of his hospital bed while handcuffed to it. Hernandez told Menard to calm down and Menard began yelling at Hernandez. Hernandez was told by Doctor Ryan Howard, the hospital doctor; Menard was medically cleared and being released. Hernandez stated he notified Haymore via police radio the doctor had cleared Menard and he was “good to go.” Hernandez stated Menard got out of his bed once more and was even more uncooperative. Menard began yelling and screaming. Case note: Radio transmissions advising Menard was cleared for release were conducted on a “talk-around” frequency. “Talk-around” is not a recorded radio frequency. Hernandez put his hand on Menard’s chest and told him once more to calm down. Hernandez stated, Menard said something along the lines of “are we going to go? Are we going to go at it?” Menard became physically combative towards Hernandez by attempting to push his way out of the room. Hernandez stated Menard leaned against him and he attempted to gain control of Menard’s right hand since his left hand was handcuffed to the hospital bed. Menard reached over to Hernandez’ gun belt and grabbed Hernandez’ firearm from Hernandez’ holster and pulled the trigger on the handgun. Hernandez stated the handgun was not completely out of the holster, but the handgun was removed from the holster just enough for Menard to get his finger onto the trigger and press it. Hernandez stated both he and Menard paused for a second to look at one another, both were surprised the gun went off, and immediately following; Hernandez began fighting to gain control of the firearm from Menard to place the handgun back in his holster. As Hernandez fought over the firearm with Menard he feared for his life, believing if Menard gained control of his gun he would have been shot and killed by Menard. Hernandez stated his priority was to ensure the safety of the individuals in the hospital. Hernandez visually observed his magazine was only partially inserted into the handgun and an unfired round in his gun was facing vertically. Hernandez knew his gun was jammed. Hernandez being in fear for his life, worried about the well-being of others at the Benson Hospital, and the Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 10 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 possibility of Menard gaining control of his firearm, Hernandez began punching Menard’s hand several times with his right hand in efforts to cause Menard to release the handgun. Hernandez stated he was not sure if he caused the firearm’s magazine to be removed from the magazine well or if Menard had caused the magazine to be released. Case note: A magazine is an ammunition storage and feeding device attached to DPS issued repeating firearms. Hernandez stated Marotto entered the hospital room and began assisting Hernandez with gaining control of Hernandez’ handgun from Menard. Marotto was waiting for Woolley, his Field Training Instructor in the waiting room at the time of the altercation between Hernandez and Menard. Marotto did not hear the gun shot. As Marotto was waiting, he observed smoke coming from behind the controlled access door. When the door came open, hospital staff began running out of the emergency room and told Marotto, a trooper needed help and “something was shot.” Marotto ran into emergency room six where Hernandez was fighting over his handgun with Menard. When Marotto ran into the hospital room, he saw Menard and Hernandez fighting over Hernandez’ handgun. Marotto looked directly at Hernandez’ handgun which was being fought over by Hernandez and Menard and saw the muzzle was pointed directly at him. In order for Marotto to break through the threshold of the doorway, he needed to cross in front of the muzzle of the handgun. Marotto got out of the way of the handgun muzzle, went around Hernandez’ right side to attempt to try to control Menard’s upper body. As Hernandez struggled over the gun, he could feel Menard attempting to move the muzzle toward him and he believed this was an attempt to shoot him. Hernandez began trying to push the handgun’s muzzle away from his person because he believed Menard was going to shoot and kill him. Marotto attempted to use pain compliance techniques to gain control by pressing his thumb into Menard’s mandibular angle (a pain compliance technique) and observed little to no change or reaction in Menard’s behavior. Menard stated to Marotto, “I have asthma, are you really going to fucking choke me out right now?” Marotto gave commands to Menard which had no effect. Due to Marotto realizing the pain compliance techniques he was using were inadequate and had no effect on Menard, Marotto decided to draw his department issued firearm from his holster. Marotto pressed his firearm firmly against Menard’s left lateral rib cage and continued to verbally instruct Menard to let go of Hernandez’ handgun. Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 11 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 Marotto placed the barrel of his handgun directly against Menard because he knew Hernandez was also in the hospital room. Marotto did not want Hernandez to possibly get in the way of his firearm as he was attempting to shoot Menard. Hernandez was still giving Menard commands to drop his handgun and continued to struggle with Menard to regain possession. Hernandez’ handgun had already discharged or shot at least one bullet and Marotto had heard Hernandez giving multiple commands to Menard for him to drop the weapon. Marotto heard Hernandez state, “he’s got my gun.” Marotto feared the handgun would go off again and potentially kill Hernandez, himself, or any of the occupants inside the Benson Hospital. Marotto believed the only way to stop Menard from pulling the trigger on Hernandez’ handgun a second time, prevent harm to others, and protect human life; was to pull the trigger on his handgun to shoot Menard. Marotto pulled the trigger on his handgun and the handgun failed to fire. Marotto had the muzzle of his handgun pressed so tightly against Menard, it caused his handgun to “go out of battery” resulting in the handgun not firing. Marotto pulled the handgun away from Menard’s body and conducted a “tap, rack” in effort to fix the malfunction and prepare another round to fire. At which time, Marotto heard Hernandez yell, “holster, holster” at which time, Hernandez was able to free his handgun from Menard, clear it, and set it aside on what Hernandez described as either, a table or chair. Hernandez took his other set of handcuffs and cuffed Menard’s right hand to the other side of the hospital bed. Case note: “Out of battery” is a term used to describe the condition of a firearm in which the firing mechanism is not properly aligned to cause a normal firing position. Case note: A “tap, rack” is a firearm malfunction correction technique ensuring the magazine is properly inserted, the action is then cycled to replace any defective cartridges. Case note: Clearing a firearm is the action of removing all magazines or rounds from the weapon. Marotto holstered his handgun and requested help on his police radio by stating “10-91”. Hernandez took his handgun and holstered it without any further manipulation. Hernandez picked up the magazine which was previously inside his handgun and put the magazine in his pocket. Additional troopers ran into the hospital room to assist with ensuring Menard was secured. Marotto turned over control of Menard to the troopers who had just arrived and he walked out of the room to separate himself from the incident. Case note: Response times from assisting troopers are not reflected in CAD history due to radio transmissions occurring on a non-recorded radio frequency. Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 12 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 Marotto stated he used “10-91” because it means, “a trooper requests for immediate assistance and they need an urgent response…basically a dire situation and you need help now.” Marotto and Hernandez were struggling with Menard over Hernandez’ firearm and Marotto did not know if Hernandez, or any other hospital staff had been shot by Menard. Marotto did not know if Hernandez’ handgun was operable or inoperable and feared another round would go off. Marotto requested immediate assistance to remove the handgun from Menard and prevent anyone inside the Benson Hospital from being shot. Marotto had the opportunity to review the CAD history and saw approximately one minute had passed from when he entered the hospital room to the time he had holstered his handgun and advised shots had been fired. Marotto felt like quite a long time had passed. Marotto removed his magazine while his handgun was inside his holster once. Marotto wanted to ensure he was only missing one round and re-inserted the same magazine back into his handgun. Hernandez was shocked and scared during his encounter with Menard. Hernandez feared for the safety and well-being of the hospital staff present at the time of the incident. Hernandez believed he was fighting for his life. Hernandez believed if he had not fought so hard to prevent Menard from taking possession of his firearm, he would have become a victim. As Summerfield and Haymore were outside the hospital drafting the search warrant, Summerfield heard over the police radio a request for a “10-91.” Summerfield heard shots fired over the police radio which was relayed by Marotto. As Summerfield and Haymore ran into the emergency room, Summerfield could smell gun powder and observed Menard “out of it again” just lying on the hospital bed. Menard was no longer struggling with Hernandez and Marotto. Summerfield looked at Menard and did not observe any blood. Summerfield was unaware of where any bullets shot had gone. Summerfield advised over the police radio, no one was shot but Menard had attempted to get Hernandez’ handgun when Hernandez’ handgun went off. Summerfield instructed all the individuals present inside the Benson Hospital to leave things as they were, and he was going to go outside to make notifications through his chain of command regarding the shooting. Summerfield returned to the emergency room where he was advised Menard’s vitals had been checked three times and he was cleared to be discharged from the hospital. Haymore retrieved his patrol vehicle and Menard was once again placed in the back seat and transported to the Benson Police Department. Summerfield initiated incident command and awaited the arrival of DPS HP Captain Dean Chase, #5664 and additional resources. Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 13 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 Investigative Actions On Sunday, June 10, 2018 at the conclusion of the SIU briefing, Ortiz conducted a criminal history check of Menard and was able to determine Menard was a convicted felon. The felony conviction stemmed from previous charges in California and relayed the information to Mason. Ortiz authored a search warrant for the Benson Hospital and Menard’s vehicle which was located at Mobile Maintenance and Towing LLC. Search warrant #2018-006072 was granted by the Honorable Tracy Nadzieja of the Maricopa County Superior Court. (Supportive Documents V.2) At 0958 hours, Ortiz and I arrived at the Highway Patrol Benson office located at 690 North Adams, Benson, Arizona 85602, to conduct interviews with Marotto, Hernandez, Woolley, Haymore and Summerfield. Ortiz and I also conducted ammunition counts of the weapons involved. Trooper Joshua Marotto, #10462 At approximately 1003 hours I took four-way photographs of Marotto. Marotto was photographed in the same uniform and with the same equipment on his person at the time of the incident. (Photographs) Marotto carried his DPS issued primary service weapon, a “Fabrique Nationale d’ Armes de Guerre (FNS)” .40 caliber pistol in a DPS issued side holster at the time of the incident. The following ammunition counts were recorded, photographed and labeled as evidence (if applicable). • Item #RJO2- FNH USA LLC .40 Caliber Pistol with serial number GKU0121801. A Streamlight® TLR-1 HL Flashlight, serial #1137370115 was mounted on the bottom rail. The .40 caliber pistol was loaded with one magazine labeled “10462 1” containing 13 rounds and one chambered round. Marotto carried two additional fully-loaded magazines on his duty belt labeled “10462 2” and “10462 3” each loaded with 14 rounds. Marotto’s magazine baseplates were each labeled with his badge number and numbers 1-3. Marotto’s firearm and magazines contained a total of 42 .40 caliber rounds. The magazines and ammunition were collected and labeled as Item #RJO1. (Photographs) Case note: Marotto removed his magazine while the handgun was in the holster once to ensure he was only missing one round and re-inserted the same magazine into the handgun. The missing unfired round was recovered from the hospital room floor. Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 14 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 Trooper Allen Hernandez, #10307 At approximately 1005 hours, I took four-way photographs of Hernandez. Hernandez was photographed in the same uniform and with the same equipment on his person at the time of the incident. Hernandez asked me if I wanted to include a photograph of his holster. Hernandez informed me a round had been discharged from his firearm, through his holster, resulting in a damaged holster. (Photographs) Hernandez carried his DPS issued primary service weapon, a FNS 9-milimeter pistol in a DPS issued side holster at the time of the incident. The following ammunition counts were recorded, photographed and labeled as evidence (if applicable). • • Item #RJO4- FNH USA LLC 9-Milimeter Pistol with serial number GKU0139346. A Streamlight® TLR-1 HL Flashlight, serial #3298980217 was mounted on the bottom rail. The 9-milimeter pistol was found unloaded and no magazine in the magazine well. Hernandez had one magazine in his pocket loaded with 16 rounds, this magazine was labeled by Hernandez with one yellow dot on the baseplate. Hernandez carried two additional fully-loaded magazines on his duty belt labeled with two yellow dots on one and three yellow dots on their respective baseplates. Hernandez’ magazines contained a total of 50 9-milimeter rounds. The magazines and ammunitions were collected and labeled as Item #RJO1. Hernandez’ holster was also taken as evidence and labeled as Item #RJO5. Item #RO7 was the spent shell casing recovered from patient room six between the gurney’s frame and matress. (Photographs) Case note: The missing round was identified as the fired round and recovered from the hospital wall. Case note: It was discovered, the fired round had been discharged while the firearm was partially holstered. The fired round traveled out of the bottom of the holster causing damage to a plastic piece, which was photographed in emergency room six but not collected due to not being able to identify what it was at the time. Case note: Hernandez’ gun was manipulated within patient room six. An unspent 9milimeter round was located on the counter next to the sink. The item was labeled evidence item #RO3, accounting for a total of 52 rounds. Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 15 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 Sergeant Brian Summerfield, #5704 At approximately 1352 hours I took four-way photographs of Summerfield. Summerfield was photographed in the same uniform and with the same equipment on his person at the time of the incident. Summerfield’s DPS issued Taser was photographed. The damage noted was described by Summerfield as having occurred from Menard knocking the Taser away from Summerfield and scraping against the pavement. Summerfield identified the injuries he had sustained during his altercation with Menard. The injuries, that were photographed are described as follows: • • • • • • • Right hand palm abrasion Left elbow abrasion Blood on Summerfield’s uniform shirt Blood on Summerfield’s left pant leg Left fingers and knuckle abrasions Left knee abrasion Right knee abrasion Additional photographs can be found under (Photographs). Summerfield’s Taser cartridges were collected as evidence and labeled as Item #RJO6. All items of evidence collected were turned over to Olshaskie and later submitted to the DPS Central Regional Crime Laboratory (CRCL), located as 2323 N. 22nd Avenue in Phoenix, for storage. (Supportive Documents V.4) June 10, 2018 At approximately 1123 hours, Ortiz and I conducted a recorded interview with Marotto. Also present during the interview was Marotto’s attorney, Michael Pang. The recorded interview was later transposed onto a compact disc (CD) and later submitted to the DPS CRCL as evidence item MV1. The interview was concluded at approximately 1145 hours. The pertinent details of the interview are contained in this report, under the section “Chronological Sequence of Events.” (Interviews IV.1) (Audio- DPS Trooper Joshua Marotto Interview) At approximately 1154 hours, Ortiz and I conducted a recorded interview with Hernandez. Also present during the interview was Hernandez’ attorney, Michael Pang. The interview was later Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 16 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 transposed onto a CD and later submitted to the DPS CRCL as evidence item MV2. The interview was concluded at approximately 1219 hours. The pertinent details of the interview are contained in this report, under the section “Chronological Sequence of Events.” (Interviews IV.2) (Audio- DPS Trooper Allen Hernandez Interview) At approximately 1251 hours, Ortiz and I conducted a recorded interview with Woolley. The interview was later transposed onto a CD and later submitted to the DPS CRCL as evidence item MV3. The interview was concluded at approximately 1305 hours. The pertinent details of the interview are contained in this report, under the section “Chronological Sequence of Events.” (Interviews IV.3) (Audio- DPS Trooper Bobbie Woolley Interview) At approximately 1309 hours, Ortiz and I conducted a recorded interview with Haymore. The interview was later transposed onto a CD and later submitted to the DPS CRCL as evidence item MV4. The interview was concluded at approximately 1320 hours. The pertinent details of the interview are contained in this report, under the section “Chronological Sequence of Events.” (Interviews IV.4) (Audio- DPS Trooper Brent Haymore Interview) At approximately 1322 hours, Ortiz and I conducted a recorded interview Summerfield. The interview was later transposed onto a CD and later submitted to the DPS CRCL as evidence item MV5. The interview was concluded at approximately 1353 hours. The pertinent details of the interview are contained in this report, under the section “Chronological Sequence of Events.” (Interviews IV.5) (Audio- DPS Sergeant Brian Summerfield Interview) Deskins and Boothe interviewed several witnesses regarding the incident and interviewed. During an interview with Menard, Menard was read his Miranda Rights and agreed to answer questions. Menard was test driving his car when it pulled to the left and he ran off the road. Menard walked to the Quick Pic located at 62 North Oak, Benson, Arizona 85602 to request assistance. When Menard returned, he found a tow truck on scene as well as a Highway Patrol Trooper. Menard was asked to perform field sobriety tests which he felt he passed. Menard stated the trooper attempted to arrest him and he resisted because he felt his rights were being violated. While at the hospital Menard admitted to pulling the bed towards the door at which time he stated the officer “tackled” him onto the bed. Menard attempted to get the officer off of him when the handgun went off. Menard stated he did not know if he caused the handgun to fire as it happened during the struggle. Menard described hugging the officer, grabbing his handgun belt in an attempt to free himself from the officer. Menard would admit to owning a .25 caliber pistol recovered from the vehicle. Menard admitted to owning several other firearms which he had at Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 17 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 his residence. When asked about using the .25 caliber, Menard stated if he wanted to shoot someone he would have used his .40 caliber. Due to the statements and admissions made by Menard, Deskins initiated an investigation into weapons misconduct in regard to the weapons owned or possessed by Menard. Refer to Deskins’ supplemental report for pertinent statements made by Menard. Deskins’ investigation was conducted under AZDPS Departmental Report Number AZ1800240560. (Supportive Documents V.5) (Interviews IV.6) June 11, 2018 On Monday, June 11, 2018, I was contacted by Deskins who executed a search warrant at Menard’s residence due to statements made by Menard regarding weapons owned and possessed by him. Deskins was able to determine Menard was a prohibited possessor and had not had his rights restored from a previous felony conviction from the State of California, Case Number FBA007265 Supportive Document V.6. Deskins recovered a total of 7 firearms from Menard’s residence located at The firearms recovered from Menard’s residence were described as follows: 1. Smith and Wesson Model SW40VE Handgun (Unknown Serial Number) 2. Remington Arms Pump Action 12-Gauge Shotgun (U210776) 3. Winchester .22 Caliber Rifle (Unknown Serial Number) 4. Stevens Arms Co. Double Barrel Shotgun (Unknown Serial Number) 5. Remington .243 Caliber Rifle (M721135889) 6. Savage 12-Gauge Shotgun (Unknown Serial Number) 7. Unknown Make .22 Caliber Rifle (27165387) Refer to Supportive Document V.5, AZ1800240560 for additional information. June 13, 2018 On Wednesday, June 13, 2018, Ortiz returned search warrant #SW2018-006072 to the Maricopa County Superior Court (MCSC). The return was signed by MCSC Judge Melissa Zabor. (See Supportive Documents V.2 for search warrant return) June 13, 2018 While reviewing CAD logs for the incident, I discovered a call had been made by Frontroth to the DPS advising he had found a gun in the glove box of the vehicle he towed, the vehicle previously driven by Menard. The call log also states, “CJ mentioned that the subject had threatened to kill 920 and him.” I called Frontroth to schedule an interview with him so he could clarify his statements. Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 18 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 Case note: 920 is Summerfield’s radio identifier. June 14, 2018 On Thursday, June 14, 2018, at approximately 0903 hours, Ortiz and I interviewed Frontroth at the Benson Airport located at 2200 West Aviation Drive, Benson, Arizona 85602 . The interview was audio recorded, transposed onto a CD, and later submitted to the DPS CRCL as evidence item MV6. The interview was concluded at approximately 0919 hours. The pertinent details of the interview are contained in this report, under the section “Chronological Sequence of Events.” (Interviews IV.7) (Audio- Christopher Frontroth Interview) June 25, 2018 On Monday, June 25, 2018, I received the Firearms Trace Report from the United Stated Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives. The firearms trace was conducted on evidence item #RO8, an EXCAM GT27 .25 caliber pistol recovered in the search warrant obtained for Menard’s vehicle. The firearms trace results indicated the weapon was initially purchased by Remigio Ballesteros on October 19, 1988 in Tucson, Arizona. (Supportive Documents V.7) June 26, 2018 On Tuesday, June 26, 2018, I sent a request for a firearms examination to the DPS CRCL Supervising Forensic Scientist Todd Whittard, #4824. I requested Whittard to conduct a firearms function test on the two DPS troopers service pistols, evidence items #RJO2 and RJO4. I requested Whittard to also conduct a firearms function test on a pistol recovered from Menard’s vehicle, evidence item #RO8. (Supportive Documents V.8) June 27, 2018 On Wednesday, June 27, 2018, I received the DPS computer-aided dispatch logs and OPCOMM recordings for the incident. (Audio-Dispatch recordings) On Wednesday, June 27, 2018 I received the DPS CRCL Report for Menard’s blood specimen collected from Menard on June 10, 2018. The lab results revealed Menard’s blood sample contained 0.049 +/- 0.003 grams of ethanol per 100 mL of blood. (Supportive Documents V.10) Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 19 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 July 17, 2018 On July 17, 2018 I sent a request for a firearms examination to the DPS CRCL Supervising Forensic Scientist Todd Whittard, #4824. I requested Whittard to conduct a firearms function test to be conducted on the firearms seized from case investigation AZ1800240560, (Supportive Document V.5) (Supportive Document V.11) The result of the firearms function tests have not been received. They will be attached at submitted upon conclusion. September 17, 2018 On Monday, September 17, 2018 I received test fire results from items #RJO2, #RJO4 and #RO8. Details regarding the firearms function testing can be found in the report created by DPS CRCL Forensic Scientist Evan Thompson, #7134. (Supportive Document V.12) September 18, 2018 On Tuesday, September 18, 2018, Olshaskie and I attempted to contact the victims regarding the incident to conduct follow-up interviews to clarify some questions pertaining to the investigation. Below are relevant statements from their recorded interviews: Welch was interviewed at 1205 hours and recalled the shooting which had occurred at approximately 0408 hours on Sunday, June 10, 2018, inside the Benson Hospital’s Emergency Room. Welch was working at the time of the incident as a hospital laboratory technician and was called to the emergency room to conduct a blood draw on the patient identified as Matthew Menard. Welch identified the patient as a suspect brought into the hospital by police. As Welch entered the emergency room, she observed Menard acting very disgruntled and was yelling in a manner which she could not interpret. Welch did not enter the patient room which she identified as room six, which Menard was occupying. Welch decided she would not enter room six nor would she conduct a blood draw on Menard due to his behavior. Welch requested hospital staff attempt to calm Menard down prior to her attempting a blood draw. Welch waited at the nurse’s station which she described as being six to seven feet away from room six, the room Menard was occupying. Welch observed Menard “jerk up” and try to leave his hospital room by dragging the hospital bed towards the door, as he was handcuffed to the gurney. Welch saw who she believed were doctors and troopers exit Menard’s room after attempting to treat Menard. Menard was having mood swings, yelled, and threated “legal jargon,” Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 20 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 but did not make any physical threats towards doctors, nurses or police according to Welch. Welch saw Hernandez run into room six in an attempt to calm Menard down and instructed him to get back into his bed when she saw Menard reach up and grab Hernandez’ handgun. Welch did not see Hernandez put his hands-on Menard right away, but she knew Menard would not cooperate with Hernandez’ instructions based on her observations of Menard’s behavior. Hernandez physically picked up Menard and put him back into his bed. Hernandez was trying to physically hold Menard down with his arms. Menard reached up with his free hand and put his hand on Hernandez’ handgun. Welch stated the shot was fired immediately after Menard had put his hand on Hernandez’ handgun. Welch did not believe Menard was able to remove Hernandez’ handgun from the holster but heard the shot go off. Welch believed her brain took about 5 seconds to process a gun had gone off inside the hospital. She observed smoke coming from the wall the bullet had penetrated and saw hospital staff run out into the ambulance bay where she closely followed behind. Welch believed if someone would have been in the line of fire, (the bullet) would have “done a lot” (of damage). Welch knew Qashu was in the patient room adjacent to room six where the shot was fired from and believed injuries would have been severe if Qashu had been hit by the bullet. Welch was “super scared” when she heard the gun shot. Welch recollected how afraid she was and believed she knew she could possibly provide the exact moment the shot was fired because her “FitBit” recorded a heart rate of “like 211” (beats per minute). Welch was afraid she could have been killed by Menard had he been successful in gaining further control of Hernandez’ handgun. Welch believed many patrons inside the hospital would have been shot if he began shooting at random. Welch clarified she did not want to attempt to draw Menard’s blood due to his behavior, Menard was uncooperative, and Welch further feared being stuck by the needle if she attempted to draw Menard’s blood. Welch’s follow-up interview was concluded at 1222 hours. At 1253 hours, a follow-up interview was conducted with Trudy Marks, an Emergency Medical Technician employed by Health Care Innovations (HCI). Marks recounted the incident which occurred on Sunday, June 10, 2018, and described her involvement. Marks was dispatched to the initial report of a collision on Interstate 10 described near the “Quick Pic and Mescal.” While enroute, the ambulance Marks was on was canceled and she returned to quarters. Another ambulance was re-dispatched to the scene for “something officer involved” but Marks did not know the specific information regarding the incident or the time of the incident. At some point, (Marks did not know the specific time) she walked from her station located Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 21 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 adjacent to the Benson Hospital Emergency Room where she had gone to speak to “Connie” (Constance Proulx) a nurse at the Benson Hospital about an unrelated medical question she had regarding a previous unrelated incident. Marks stood behind the nurse’s station in the emergency room, behind the counter and the doctor’s desk. Marks saw a trooper standing outside hospital room six and believed someone was in custody (Menard) but could not see their face and did not know anything about Menard who was in custody. Marks heard who she believed was Menard in room six becoming loud and unruly. Marks overhead who she believed was a doctor who exited room six walk passed her and stated to cancel the x-ray because Menard’s arm seemed fine. Marks saw the Menard’s arms come up and the hospital bed move. Marks saw the trooper at the door and Menard stood up with his arm handcuffed to the bed, lift up the bed, and slam the bed to the floor. Marks saw the trooper move forward to attempt to subdue Menard who had his legs between the troopers left leg. Marks saw the trooper on top of Menard when a struggle ensued, and she heard a gunshot. Marks stated there was something attached to the trooper’s left hip which was never removed from its holster, based on the investigation and the photographs of Hernandez, it was determined the object on Hernandez’ left hip was his department issued taser. Prior to the shot going off, Marks saw Qashu exit the room adjacent from room six and state “that almost hit me.” Marks exited the emergency room with the others and called 911. Marks was within 15 feet from patient room six when the struggle ensued, and the gunshot went off. During the encounter, Marks could not clearly interpret what Menard was saying and only described him as loud and unruly. Marks did not recall any statements made by the trooper to Menard. After the shot was fired, Marks took a bit to register what happened. Marks yelled, “gunshot!” and exited through the exit doors of the emergency room because she wanted to get away from any potential gun fire. The gunshot did not initially scare Marks, but she did not want to remain inside the emergency room to be shot either. Marks believed she would have been shot if she stayed in the emergency room. Marks believed if a change in trajectory would have occurred had or the round was shot at a different angle, she could have been shot. Marks chose to leave the emergency room because she was afraid potential injury or death if any additional shots were fired. Marks did not know what Menard was attempting to do but if he would have been successful in gaining the trooper’s gun, Marks believed he could have fired more shots but again, did not want to remain in the emergency room in case the event had escalated. After the incident, Marks saw a bullet hole in the wall which separated the two hospital rooms and the door is used to access the lobby. Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 22 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE REPORT DR NUMBER: AZ1800238888 Marks follow-up interview was concluded at 1312 hours. Additional relevant statements from other witnesses and victims will be included as they are made available. Conclusion Based on the interviews conducted with the victims pertaining to the investigation, the evidence collected, the firearm located in Menard’s vehicle, and the firearms located at Menard’s residence, I am requesting the charges listed in the investigation be filed against Menard. Please see the findings page for further detail. Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 23 of 23 ARIZONA DEPARTMENT OF PUBLIC SAFETY III. FINDINGS DR NUMBER: AZ1800238888 The investigation revealed the following concerning the actions of Matthew Menard: 1. ARS § 13-2508A1B Resisting Arrest (one count): A: Menard intentionally resisted arrest in violation of ARS § 13-2508A1B by pulling away from Sergeant Summerfield and kicking in a physical attempt to avoid apprehension. 2. ARS § 13-3102A4M Attempted Prohibited Possessor (two counts) A: Menard knowingly attempted to possess a deadly weapon. Menard attempted to gain possession of Summerfield’s handgun by attempting to remove the handgun from Summerfield’s holster. Summerfield struggled with Menard in attempts to prevent Menard from gaining access to the handgun. B: Menard knowingly possessed a deadly weapon. Menard gained possession of Trooper Hernandez’s handgun when attempting to remove the handgun from Hernandez’s holster. Hernandez struggled with Menard in an attempt to prevent him from taking control of the handgun, but during the struggle, a bullet was fired. 3. ARS § 13-1204A8 Aggravated Assault on Law Enforcement (two counts) A: Menard assaulted Trooper Hernandez who was dressed in a DPS HP Class-B uniform comprised of a Silver-Tan Collared long-sleeve button style shirt, with silvertan uniform style slacks, a gold-colored breast seven-point style badge over the left chest, and a high-gloss leather gun belt with accessories. Menard physically struggled with Hernandez to take control of his gun and attempted to point the muzzle at Hernandez. B: Menard assaulted Summerfield as he attempted to take him into custody for Driving Under the Influence. Menard was physically combative by kicking and pushing Summerfield away from him as Summerfield attempted to place Menard in handcuffs. As the struggle ensued Menard attempted to gain access to Summerfield’s gun. 4. ARS § 13-1105A1D Attempted Murder (three counts) A: Menard acted with premeditation to murder by stating he would kill Summerfield if he got his gun. B: Menard acted with premeditation to murder by stating he would kill Frontroth if he Detective Name Michael Valdez ID No. 7625 Location 33010100 Date DRAFT Supervisor Sergeant Robert Phillips, #6284 Page 1 of 3 ARIZONA DEPARTMENT OF PUBLIC SAFETY III. FINDINGS DR NUMBER: AZ1800238888 got Summerfield’s gun. C: Menard acted with premeditation to murder by gaining control of Hernandez’ gun by placing his hand on the handgun, pulling the trigger, and forcibly attempting to point the muzzle towards Hernandez. 5. ARS § 13-1201 Endangerment (ten counts) A: Menard recklessly endangered the lives of victims within the Benson Hospital by firing one round during the struggle with Hernandez while attempting to gain possession of Hernandez’s handgun. The victims stated they were in fear for their lives and the lives of the other patients inside the Benson Hospital. Victims believed serious injury and or death would have resulted if Menard would have been successful in gaining possession of Hernandez’ gun and discharging additional rounds. 6. ARS § 13-3102 Misconduct Involving Weapons (eight counts) A: Menard knowingly possessed a firearm while a prohibited possessor. Menard claimed ownership of the firearm recovered from his vehicle. State of California Case Number FBA007265 (Supportive Document V.6). B: Menard knowingly possessed a black and gray Smith and Wesson .40 caliber handgun while a prohibited possessor. C: Menard knowingly possessed a black and brown Remington Arms pump action 12-gauge shotgun while a prohibited possessor. D: Menard knowingly possessed a Winchester .22 caliber rifle while a prohibited possessor. E: Menard knowingly possessed a black Stevens Arms Co. double barrel shotgun while a prohibited possessor. Case note: The double barrel shotgun appeared to have been illegally modified. The barrel was sawed off, reducing the overall barrel length. F: Menard knowingly possessed a black Remington Arms .243 caliber rifle while a prohibited possessor. G: Menard knowingly possessed a black Savage 12-gauge shotgun while a prohibited possessor. Detective Name Michael Valdez ID No. 7625 Location 33010100 Date DRAFT Supervisor Sergeant Robert Phillips, #6284 Page 2 of 3 ARIZONA DEPARTMENT OF PUBLIC SAFETY III. FINDINGS DR NUMBER: AZ1800238888 H: Menard knowingly possessed a black .22 caliber rifle while a prohibited possessor. The investigation revealed the following concerning the actions of Sergeant Brian Summerfield and Troopers Joshua Marotto and Allen Hernandez: 1. To affect the arrest of Menard to whom probable cause existed for having committed the violation of ARS §28-1381, Summerfield deemed it necessary to use physical and less lethal force to take Menard into custody pursuant to ARS §13-409. a. Force was immediately necessary to affect the arrest and detection of Menard, and b. Menard was instructed several times to stop resisting, and c. The arrest and detention were lawful. 2. ARS §13-410C Justification: Use of Deadly Force in Law Enforcement a. Hernandez believed physical force was necessary pursuant to ARS §13-409, and; I. II. III. Force was immediately necessary to affect the arrest and detection of Menard, and Menard was instructed several times to drop the gun, and The arrest and detention were lawful. b: To defend himself and other’s from Menard’s past conduct, perceived imminent use of deadly physical force, having control of Hernandez’ firearm, having previously fired one round, and having the means to endanger the lives of several individuals within the Benson Hospital with a substantial risk of imminent death, Marotto, although unsuccessful, decided to use deadly force. i. Menard previously committed and was in the act of committing Attempted Murder in violation of ARS § 13-1105A1, a class 2 felony. Detective Name Michael Valdez ID No. 7625 Location 33010100 Date DRAFT Supervisor Sergeant Robert Phillips, #6284 Page 3 of 3 INTERVIEW WITH CHRISTOPHER JON FRONTROTH Interviewer: Det. Michael Valdez 06-14-18/9:03 am Case # AZ1800238888 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 INTERVIEW WITH CHRISTOPHER JON FRONTROTH Q=Det. Michael Valdez Q1=Det. Rick Ortiz A=Christopher Jon Frontroth Q: All right, today’s date is Thursday, June 14. The time is 0903 hours. I’m Detective Michael Valdez, Badge Number 7625, with the Arizona Department of Public Safety, Special Investigations Unit. Currently sitting with me is Detective... Q1: (Rick Ortiz) 6760, also with the Special Investigations Unit. Q: This is in reference to AZDPS Report Number AZ1800238888 an officerinvolved shooting, which occurred at the Benson Hospital, located at 450 South Ocotillo Avenue. This occurred on June 10, 2018 at approximately 0408 to 0409 hours in Emergency Room 6. Uh, currently we are interviewing Christopher Frontroth. Is that correct, sir? A: Yes. Q: And for the record can you say and spell your name, please? A: Uh, Christopher Jon Frontroth, C-H-R-I-S-T-O-P-H-E-R, middle name J-OH-N - J-O-N, last name Frontroth F-R-O-N-T-R-O-T-H. Q: Okay, it’s my understanding that you were present at the location, where the initial, uh, scene occurred on Interstate 10 and Milepost 296 is it? A: 297. Q: 297? Okay. And you were the reporting party? Did you - you called 911 to report this? A: Yes. Q: Okay, and what did you see? INTERVIEW WITH CHRISTOPHER JON FRONTROTH Interviewer: Det. Michael Valdez 06-14-18/9:03 am Case # AZ1800238888 Page 2 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 A: Uh, it’s what I heard. Q: Okay, what did you hear? A: Uh, the screechin’ of the tires and then the impact, and then I could see the headlights in the ditch from my office. Q: Okay, and you called 911 to report that? A: Yes. Q: And did you go to the scene? A: Yes. Q: Um, what happened when you arrived on-scene? A: Uh, there was a passenger that was in the vehicle, and he was with the car. Uh, he said that nobody was hurt. I told him that I had called medical and, uh, law enforcement. And, uh, the other gentleman walked up from behind me and told me that his car had just pulled to the left. And I recognized him ‘cause I towed the car two days earlier. Q: And do you remember that person’s name? A: Uh, Mr. (Menard). Q: And do you know if he was the driver or the passenger? A: I do not know if he was driving or the passenger at that time. Q: Okay, so what happened after he came up to you? A: Uh, that’s when the Sergeant pulled up and they went over to the other side of the road and they were talking. And then he administered the field sobriety test. ‘Cause you could smell the alcohol on him. Q: You could smell alcohol on the person also? A: Yes, on Mr. (Menard). Q: And I - I know you’re not, uh, you’re no in law enforcement, but from the field sobriety test did you observe any of those? A: Uh, yes, he was havin’ him walk the white line and he was not doin’ very INTERVIEW WITH CHRISTOPHER JON FRONTROTH Interviewer: Det. Michael Valdez 06-14-18/9:03 am Case # AZ1800238888 Page 3 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 well. Q: He wasn’t doin’ very well? Okay. A: So I had called my Dispatch to let her know that I was possibly gonna get this tow, ‘cause we have a contract with you. Q: Okay. So what happened after the field sobriety tests? A: Uh, he was going to, uh, attempt to put him in handcuffs and it didn’t go well. Q: It didn’t go well? What do you mean by that? A: Uh, I’d hung up my phone and, uh, from the time I hang up my phone to where he was going to place him under arrest, when I turned back around they were going down to the ground. And I saw the Officer’s handcuffs hit the road. So I jumped out of my truck and on the way to them I picked up the handcuffs, and, uh, helped the Officer hold him down, ‘cause he was bein’ very combative, yelling profane language. He told the Officer if he got his gun, he was gonna kill us and he attempted to get the Officer’s gun. He told him to stop resisting or he was going to be tased. He told the Officer, “Go ahead it’s not going to affect me.” And then he went for the Officer’s gun again and that’s when he tased him the first time. And it seemed to have no affect. He acted like a bucking bronco and it was pretty much everything the two of us had to keep him on the ground. He kept yelling profanity, threatening us. Q: What kind of profanities was he yelling? A: Uh, a lot of cuss words. “I’m gonna get you guys, you’re, uh, violating my civil rights.” And then he went for the Officer’s gun a second time, and that’s when he got tased a second time. And that gave enough for us to get him onto his stomach, and I was able to cuff his left arm. And with his right hand he kept holdin’ the handcuffs, so I was like having to peel his fingers from there, while the Officer was holdin’ him down, and then I was finally able to cuff his right hand. Q: So you put both hand - hands in handcuffs for the Officer? A: Yes. Q: And then take me back to when he said he was - if he got the gun he was going to kill us - you said, “He was gonna kill us.” Um, is that referring to the Officer on-scene and you? INTERVIEW WITH CHRISTOPHER JON FRONTROTH Interviewer: Det. Michael Valdez 06-14-18/9:03 am Case # AZ1800238888 Page 4 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 A: Yes. Q: What was goin’ through your mind at that time? A: Just to keep him from getting the gun. Q: If he got the gun, what do you believe would have happened? A: Oh I believe he would have shot us. No doubt. Q: You felt as if your life was in danger? A: Yes, both of ours. Q: So you feared for the Officer’s life as well? A: Yes. It’s somebody that I work with frequently, so I did everything I could. Q: You’re talkin’ about the Officer? A: Yes. Q: So after you put, uh, you were able to put him in handcuffs, what happened after that? A: Um, the Officer dragged him to the shoulder of the road because we were in the middle of the road. And that’s when another DPS Officer showed up. Q: Was there any traffic at that time? A: There was one vehicle that had stopped because we were in the road at the time, but as soon as that - we were out of the road that vehicle did drive away. Q: Okay. So the other Trooper arrived on-scene? A: Shortly after he pulled him to the side of the road. Q: Okay, what happened after that? A: Um, he told me to hook the car - Officer (Summerfield). Q: Okay. A: Yeah, he had him, um, on the side of the road, and he was, uh, I believe kneeling on the suspect. And then he pointed at me and told me, “Hook that INTERVIEW WITH CHRISTOPHER JON FRONTROTH Interviewer: Det. Michael Valdez 06-14-18/9:03 am Case # AZ1800238888 Page 5 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 car.” His buddy never really did anything, he just kinda stood there on the side of the road, which is - I was happy about too. Q: Did he s- - did he say anything to him? A: He - he kept tellin’ him, “Stop resisting.” You know, he was tryin’ to tell his buddy, “You know, don’t.” Q: So after you towed the car do you see or hear anything? A: Uh, no, they had, uh, an ambulance had showed up and they put him in an ambulance while I was hooking the car. Q: And that’s all you saw? A: N- - that was the end of that part, yes. And then we had an accident 305 that Officer (Summerfield) was also on, when he come up to me. And then I had to go to that accident, ‘cause I had another driver there, and I saw (Summerfield) again there, and he thanked me again. And then when we got back to the yard, I had to process that vehicle and that’s when I found the gun in the glovebox. So that was about 5:30 in the morning I think. And then I called you guys right away. Q: Have you ever had any other interactions with, uh, with (Menard)? A: Uh, yes, I towed his car two days prior to that. Q: Do you remember what that was for? A: Uh, the car had overheated. Q: And... A: He was at mile marker 285 heading towards Benson. Q: Okay. A: His wife was driving the car when it overheated. Q: And what were, uh, how was that interaction? A: He seemed fine. Q: Wa- was it the same kind - no - no, uh, difference in demeanor from that contact with him to this one, or... INTERVIEW WITH CHRISTOPHER JON FRONTROTH Interviewer: Det. Michael Valdez 06-14-18/9:03 am Case # AZ1800238888 Page 6 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 A: It was like a different person. Q: A different person? A: I didn’t even recognize that guy. Hm. It just, you know, just a normal tow that day. Q: Then going back to the, uh, the fight with Sergeant (Summerfield) and this and the suspect, did you - at the end of it did you observe any injuries on Sergeant (Summerfield)? A: Yes. Q: What did, uh, what did you see? A: Uh, his - I - I saw here he had blood on his arm. Q: On his left elbow? A: Yeah. Q: Or left... A: I did... Q: ...forearm? A: ...see that, yeah. Right here, like, he had - when he was - they were wrestling he hit - maybe hit the ground on the - the road. Q: Was that all you were able to see? A: That’s all I remember seeing, yes. Q: Okay, and... A: Was his arm was all bloody here. Q: Okay, and were you injured during this? A: Um, not really. Q: Not really? INTERVIEW WITH CHRISTOPHER JON FRONTROTH Interviewer: Det. Michael Valdez 06-14-18/9:03 am Case # AZ1800238888 Page 7 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 A: No. Just, uh, I was, you know, we were on the - the ground, so I just had some scrapes on my knees from - but I had pants on, so I mean it’s not really, uh, here, here and a little bit here. Q: Okay. A: And my back’s been a little sore, but... Q: Did you get checked out by a doctor at all? A: No. I’m just figuring maybe from all the twisting and holding him down. But he was, uh, definitely hands flailing, and we couldn’t hold him down. Q: Um, do you got any questions? Q1: Um, was Sergeant (Summerfield) giving any commands during the fight to the, uh, Mr. (Menard)? A: He told him to stop resisting, or he was gonna get tased. Q: Was - were his commands effective? A: No, this guy was not paying any attention to what he was having to say. All he was screaming was that he had violated his civil rights, and that if he got his gun he was going to shoot him. Q1: Is... A: “If I get your gun, you guys are dead.” Q1: All right. A: Um, and he was able to get his taser out, and he told him, again, “Stop resisting, or you’ll get tased.” And he went for his gun again and that’s when he tased him. Both times he tased him is when he went for his gun. Q: And is there anything you believe we didn’t, uh, didn’t cover or didn’t ask? Anything you’d like to add? A: I don’t think so. Q1: And... A: Other than the fact that the windshield I told you about. INTERVIEW WITH CHRISTOPHER JON FRONTROTH Interviewer: Det. Michael Valdez 06-14-18/9:03 am Case # AZ1800238888 Page 8 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 Q: Okay. A: That was at his house fighting with his wife, and I believe that’s probably where it all started. Q: Okay. And then, uh, do you - on your - is your driver’s license current, your, uh, address on your driver’s license? A: Yes. Q: Mailing ad- address? A: Yes. Q: What is your mailing address for the record? A: Q: And a good phone number for you? A: Uh, Q: Okay. And, uh, you don’t have any questions for us? A: Uh, I don’t think so. Q: Okay. Q1: Were you served victim’s rights, uh, the other day? A: Uh, no, I was told that they were gonna get sent to me in the mail. Q1: Okay, uh, so they explained that - all that to you or no? A: Uh, there was a detective calling me, asking me if I wanted to be a victim in the case, ‘cause I was there and I said, “Yeah, fine.” Q1: Okay, perfect. A: Whatever I can do to help. Q: We’ll make sure, uh, that’s why I asked you for your address. We’ll make sure those get to you. A: Okay. INTERVIEW WITH CHRISTOPHER JON FRONTROTH Interviewer: Det. Michael Valdez 06-14-18/9:03 am Case # AZ1800238888 Page 9 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 Q: Um, and just r- - just read the form, it basically explains your rights as a victim in this case. Um, it’s pretty self-explanatory. A: Yeah. The only thing that bothered me was that, uh, he only lives four blocks from there and I was like, hm, he threatened to kill me. Q: Well, if at any time, you are worried about the situation, you know, don’t hesitate... A: Uh-huh. Q: ...to call 911. A: Okay. Well right now I don’t think he’s out, so... Q: Right. All right, if there’s nothin’ else, we’re gonna go ahead and conclude the interview at 0919 hours. The transcript has been reviewed with the audio recording submitted and it is an accurate transcription. Signed________________________________________________________________________ INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 INTERVIEW WITH MATTHEW MENARD Q=Det. Deskins Q1=Det. Boothe A=Matthew Menard Q: Yeah, that chair right there in the corner. Wouldn’t mind having a seat there for me. Okay I met you earlier. Um, my name’s Detective (Travis) Deskins. This is Detective (Seth) Boothe. We’re with the Arizona Department of Public Safety. And your first name is Matthew? Can you spell that for me? A: M-A-T-T-H-E-W. Q: M-A-T-G? A: T-T. Q: Oh. A: H-E-W. Q: Thank you and can you spell your last name? A: M-E-N-A-R-D. Q: What’s your date of birth? A: Q: Okay do you have a phone number? A: I did but it’s probably still sitting on the side of the road where it got thrown to the ground. Q: Okay if they found it I don’t - I don’t know. A: Or my glasses ‘cause those are brand new too. Q: Hopefully they got your property. What... INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 2 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 A: Well, if they do have it it’s Q: 0210? A: Yeah, and if you put down - I don’t know if that’s right. My wife’s number - I know it’s 008 something. Q: Okay. A: It’s... Q: We’ll - we’ll - we’ll figure that out here in a little bit. Okay so obviously you’re in custody right now, right? You’re not free to leave. A: No. Q: Um, I’m gonna read you your Miranda rights. You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to the presence of an attorney to assist you prior to questioning and be with you during questioning if you so desire. If you cannot afford an attorney you have the right to have an attorney appointed for you prior to questioning. Do you understand these rights? A: Yes. Q: Time are we at? Q1: 13:11 Q: Okay so it’s - it’s thirt- 1:11, on the 10th of June. Um, I just wanna talk to you a little bit about what occurred down there at the hospital, kinda what led up to this - this whole deal, you know what I mean, what - what brings you here today so can you tell me what - what happened? You said you were thrown down on the side - on the side of the interstate. A: Yeah. Q: Can you walk me through that? A: Well, I was working on my car. A: Okay. Q: Okay INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 3 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 A: And we were test driving it and all that and it pulled hard to the left and it jumped that curb. Q: Who - who’s we? You say we were test driving it. A: Yeah, my friend was with me. Q: What’s your friend’s name? A: Uh, (Harold). I don’t know his last name but my wife would know. Q: Okay. A: They used to... Q: Do you have a contact number for him in your phone? A: Yes. Q: What’s it listed under? A: (Harold). Q: Under (Harold)? Okay. A: And I just walked down to the (Quik Pik) and see if anybody could pull me out real quick. All of a sudden out of the blue, tow truck and highway patrol I’m like, what the hell is going on? Yeah. Q: Okay. A: And then I did the field sobriety test. Passed it with flying colors. And he was just being an asshole and attacked me. Q: Attacked you. A: Yeah. He said, “You’re under the influence of alcohol.” I had, like, a beer earlier today and then he’s like, “Well, I smell it on you and you didn’t pass,” blah blah blah. I’m like, “Really dude.” Q: Okay. A: Yeah. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 4 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 Q: Okay so he - he’s arresting you and you felt that it’s not justified. A: No. Q: Okay. A: I was just trying to get help getting my car and this guy’s just (unintelligible) and then the hospital guy and all that. I asked him, “Can I go call my wife ‘cause she doesn’t know where I’m at,” and all that and they had me handcuffed so I pulled the bed out towards him. I’m like, “Can I use the phone to call my wife?” And all of a sudden he come flying at me. Q: The hospital guy did? A: No, the other cop. Q: The other cop. A: He was, like, Superman at me. I’m like, what the hell. Q1: You’re - you’re saying that happened at the hospital. A: At the hospital, yes. Q: So let’s real quick back up again so he - he’s arresting you for... A: Okay. Q: ...for something - obviously from my side of it it sounds like he’s trying to arrest you for DUI. A: Yeah. Q: Okay so what happened there? I mean I know that you sustained some injuries out there during that. A: You think? And they didn’t do anything about it in the hospital. Q: Okay so all of this - that’s from when you - when they were arresting you? A: Yeah, I think he broke my wrist and all that and they refused to do x-rays and everything else because they were just being jerks at (Benson) hospital. I don’t know what the problem. Q: Okay. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 5 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 A: And my face is burned. Q: So there is obviously a little bit of a struggle out there on the side of the road. A: Yeah. Q: Between you and - and one officer or you and multiple... A: Just one. Q: Just one? A: And I guess the tow truck driver came flying out somehow and I’m like, what? Q: Okay. So then now let’s go to the hospital. You get to the hospital. Are - are they trying to treat you with some - for some injuries and stuff? A: Well, I was having a hard time breathing. Q: Okay. A: Because he stun gunned me and it finally kicked in, right? Q: Did they - did they - did they - did they use the Taser out on... A: Um, um... Q: ...at the hospital or out there? A: Out there. And it isn’t - it doesn’t do anything to me. Q: Okay. A: You know when you stick your finger in a light socket? That’s more deadlier than that. Earlier - pretty sure you’ve been tased or (triggered at). Q: I have. A: It doesn’t (unintelligible). Q: Okay so do you know how many times you got tased? Did you get tased multiple times or just once? INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 6 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 A: Uh, I remember one time. Q: One time. A: But scuffling on the ground and all that I can’t feel that. Q: Yeah, yeah. You’re adrenaline’s surging through. A: Yeah. Q: Okay so now you go to the hospital. How’d you get to the hospital? Do you remember? A: They threw - threw me in a car. That’s all I remember and it almost felt like a - like I got thrown in a trunk. Q: Really? A: Yeah. Q: So you weren’t taken in an ambulance? A: No. Q: No? A: They just picked me up and threw me in a vehicle. I couldn’t see. It was black. Q: Okay. A: And my glasses were gone. My face had started swelling. Q: Okay and it just - you - your glasses. Do you need those for it all... A: All the time, yes. Q: Okay, okay, so we’ll try and track those down. Okay so when you get to the hospital how are you taken into the hospital? Through - I mean - who - who who escorted you into the hospital? Just the officers or? A: Yeah and on a stretcher. Q: On a stretcher? A: Yeah, ‘cause they just took me out. I - I realized it wasn’t a trunk. They just INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 7 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 threw me in there on the floor in the back. Q: Okay. A: So. Q: But then they came out with a stretcher, put you on a stretcher... A: Yeah. Q: Took you in, okay. So - but at some point you end up in - inside of one of their treatment rooms, right? And - and - and you had a chance to speak with a doctor and a nurse? A: Yeah, th- they were nice and all that stuff. Q: Okay. A: Yeah, and I said, “Well can I u- use the phone and call my wife, tell her where I’m at?” And all that other stuff. They just sh - I’m like, really? Hello? Q: Yeah, okay. A: And then what I- well, this is like the bed so I just unlocked the thing and then pulled it over and was like, “Can I use the phone to call my wife?” And all that. And all a sudden Superman at me. Q: Okay so what happened from there? A: He just jumped me and all that and then I’m, like, trying to get him off me ‘cause I have one hand right here and all that other stuff and the gun fuckin’ goes off. I’m like, what the fuck. Q: His gun went off? A: Yeah. Q: Okay did you help the gun go off? A: That I can’t tell you ‘cause we were tossing and turning and... Q: Okay so I can tell you - I can tell you from my - from my knowledge of the firearms that we use - I work for the same department. Those guns don’t - they got an internal safety. So if they get dropped or anything like that they don’t shoot off. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 8 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 A: They’re Glocks. Q: Huh? A: Glocks are horrible at that. Q: These aren’t Glocks. Q1: Those aren’t Glocks. A: Then what are they? Q: (FN). A: Oh. Q: And they’ve got (unintelligible). A: Yeah, those are good. Q: It’s not gonna discharge just by being dropped. Somebody actually has to pull the trigger. A: Yeah. Q: So did you do that? A: I’m not sure if I did or not. Q: You’re not sure. A: Yeah, ‘cause we were scuffling on the - the - the bed. Q: Did you at any time reach to - to pull the gun from his holster? A: I was hugging him so you know officers got a bunch of shit. Q: Uh-huh. A: I might have. I don’t know ‘cause I was scuffling with him so. Q: Okay, um, and then what happened after that? So the gun goes off and then and then what? INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 9 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 A: I had another fricken’ asthma attack. Q: Oh, did you? A: Yeah. Q: Okay so you have asthma. Okay, um, sounds like the doctors and the nurses cleared you of that though. I - I spoke to the doctor and the doctor said, “Yeah, I - I checked him. I could hear his breathing fine,” and - and they checked your oxygen levels and they checked all that stuff so. A: Only thing I had was a (unintelligible) on me and then I don’t know where the hell that is ‘cause... Q: They were monitoring your heart with that. A: Well, ‘cause I couldn’t see half the crap they were doing ‘cause this whole (arm and crap) was down here. (Unintelligible) Q: So what about - let me go back real quick. When you were out, um... A: Out on the street? Q: Out on the street. A: Okay. Q: When you were fighting with that officer there did - did you go for his gun at any time? A: No. Q: No? Not intentionally anyway? A: No. Q: What kind of - h- describe the scuffle with him. How - I mean he... A: He was just... Q: How intense was that? I mean. A: Well, he stun gunned me so. Q: Yeah. Did you - did you, like, fight back defensibly in any way? Did you INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 10 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 attack him? What... A: Try to get him off me, yeah. Anybody would. Q: That’s what - that’s what I’m trying to figure out. A: Yeah, anybody would. Q: I’ve arrested - I don’t know how many people in my career. Q1: Hundreds for me. Q: And - and the only time it’s gotten that way is in... A: (Unintelligible) Q: Let me - let me - you’re under arrest. A: Yeah. Q: Get the handcuffs. Kick your ass. A: No, this was not like that. Q: Okay. A: No, it was like, really? Well, he had me do the walk the line, go down, do yturn, walk back again. Passed it with flying colors. “Well, I’m arresting you for DUI.” I’m like, really? Q: Okay. A: And I was like, “Well, let me get my stuff out of the car,” and all that and he thought I was gonna run and he fricken’ just... Q: So did he try to put his hands on you and - and say you’re under arrest and and then you were like, “Let me get my stuff real quick.” A: Yeah and then he just like, (unintelligible). I’m like, “Let me grab my personal belongings and crap and then you can arrest me.” You know? No. Q: Okay. A: And then all how big your dick is compared to mine shit. I’m like, come on, dude. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 11 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 Q1: Okay so when the officer went to grab you how did he go - this is on the road. How did he grab you? Did he initially try to go for your arm or - or how did he initially grab you? A: Well, he grabbed me by my arm. Q1: Okay. A: That’s why it looks broken again. Q1: No, I understand that. I’m not arguing any of the injuries. I’m just trying to get the details of the actual fight. So he grabs your arm, right? A: Yeah. Q1: And then at that point did you turn and try to pull away? Did you - what happened right there? A: I was like, “Well, can I go get my stuff,” and all that and he’s like, “No, you’re under arrest for being under the influence of alcohol.” Q1: Okay. A: And then he just, like, me being a little guy like that he just threw me on the fucking ground. I’m like, really? Q1: ‘Kay so you didn’t try to pull away or turn or anything like that? Do you remember that? A: No, ‘cause when he did this and all that and when he threw me on the ground it’s, like, when I - it pissed me off. I was, like, that’s uncalled for. Q1: Okay so he grabbed your wrist. You said, “No, let me grab my stuff,” and he immediately went to put you onto the ground. A: Yeah. Pretty much. Q1: Pretty much, okay? Q: So your protest was pretty much verbal? You didn’t at any time, like, pull over anything like that? A: Not that I remember ‘cause it was dark and all that and I was trying to get my car out of the ditch and home and just, like, trying to enjoy Cars Against INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 12 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 Humanity ‘cause that’s what we were doing at home. Just ran down to grab a cigarette and test drive the car and all of a sudden it just went phew. I’m like, goddamn. Q: It just veered off the road? A: Yeah. Q: What’s wrong with it? What’s wrong with you said? A: Well, I was doing the suspension and all that and (unintelligible) and all that so I’m thinking my tire rod snapped or something. Q: Okay. A: Yeah. Q1: Okay. A: I wouldn’t know ‘cause I couldn’t get it out. All of a sudden everybody shows up. I’m like, “You guys gonna help me,” you know? Q: So (unintelligible) did you - did you, uh, how much did you have to drink at the time? Last night? A: That - in that day I had, um, one margarita and a beer. Q: One margarita and a beer. So in anyway did you feel like you were impaired? A: No. Q: Not at all? A: No. Q: Not at all, okay. Now, um, are you, uh, are you - what - what kind of things have you been arrested for in the past? A: Me? Well, um, domestic violence but those aren’t, like, me beating her up or any of that crap. It was just... Q: Just contact stuff. A: Yeah, like, breaking something. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 13 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 Q: Okay so criminal damage. A: Yeah. Q: Okay h- have you ever - have you ever been to prison before? A: County jail. Q: Just county. A: 15 years ago. Q: Yeah. A: Yeah. Q: Okay you ever been convicted of any felonies or anything like that? A: That was expunged when I got a dirt bike that was valued over $700, okay. So I thought (unintelligible) Q: Did you - have you petitioned to have your rights restored? A: Yeah. Q: Yeah? A: They’ve been restored and all. Q: Okay so you’re a legal gun owner. A: Yes. Q: Okay there was a firearm inside the vehicle? A: Yes, there was. Q: Okay. A: There was a .25 in my glove box. Q: Okay that’s your - so you own that? You bought that legally? All - all - that’s all good to go. A: Yeah. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 14 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 Q: Okay. A: Yeah. Q: Um... A: (Unintelligible) other stuff. If I wanted to shoot somebody (unintelligible) I usually carry my .40 on me but, you know, I didn’t wanna carry it that night (unintelligible). Q: Yeah. Okay. A: ‘Cause you get so many visitors out there at that (Quik Pik) from (unintelligible) and a bunch of other weird places. Q: Yeah. A: Yeah. Q: Okay so you live right up there in Mescal area, (J6) area? A: Mescal, just up by the fire department. Q: Oh, okay. A: Well, funny is ‘cause I just seen Judge (Staggs) at (Quik Pik) and he was about to come over and have him sign my yard. I’m like, great. Q: Nice. A: Yeah. Q: Okay, um, and (Harold) was there during this whole thing. A: Yeah. Q: Okay so we’ll be able to go talk to (Harold). Does - does (Harold) live with you? A: No, he lives in Tucson. He’s down here for Cars Against Humanity. Q: Uh, do you know his phone number off the top of your head? A: No. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 15 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 Q: No? And you don’t know his last name? A: No. Q: But he is in your phone under (Harold)? A: Yes. Q: Okay, um, so - so part of - part of the issue that - that we have is obviously we’re being told a little bit of a different - different story. A: I bet you are. Q: So we weren’t there. We don’t have the luxury of - of having witness to where I could say one side. A: Yeah. Q: Okay so our understanding from the guys that were out on the side of the road is that you were actively resisting arrest. A: Mm-hm. Q: Um, and that you - out on the side of the road you went after one of the guys guns. A: There was only one officer out there. Q: Mm-hm Q1: Mm-hm. A: Who else had a gun out there? The tow truck driver? Q: No. You went after the officer’s gun. A: No. Q: No? A: No. Q: Okay, um, then the other thing that we’re being told is, again, I wasn’t there. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 16 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 A: Yeah. Q: Um, at the hospital when the gun discharged that you had the gun. A: I don’t know what I had. But it went off and all that and whatever I had in my hand... Q: You just were grabbing on to stuff. A: Yeah. Q: Okay did you - did you notice that you dropped it when another officer came in and - and actually drew his gun and - and put it into your chest? A: No, I thought he wanted me to stop because... Q: Yeah, he said, “Drop it. Drop it.” A: I don’t know. Q: Okay so the officer who is the owner of the gun that ended up going off that was shot - he said you went for his gun. He was trying to put you back on the bed. A: Mm. Q: And that you went for his gun and actually gained control of his gun and then the other officer came in. That’s when it went off. The other officer came in and said that you were still in possession of the gun and he yelled at you to drop the gun and... A: Felt like - kinda felt like an animal (unintelligible) or something. Q: Okay so frankly we’ll just - it - we’re glad things worked out the way they did where nobody seriously... A: Yeah, yeah because... Q: ...seriously hurt because the other officer, um, had every intention to stop you, um, if you’d dropped the gun so they stopped which is a good thing. We’re glad we’re where we’re at right now. We’re not doing something else but, um, I’m just telling you where we’re at so, um... A: Well, is the officer okay? INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 17 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 Q: Yeah, I think that - yeah. So... A: Scared the hell out of me too. Q: Oh I’m sure. I’m sure. I’m sure. So thing is is sometimes we let our - we let our (unintelligible) emotions get the best of us. And when I think I’m in the right and somebody else is doing something, um, sometimes I let my emotions get ahead of me and - and I think that’s what happened tonight was we let our emotions get the best of us. A: Mm-hm. Q: Um, I - I - I think you know that you had ahold of his gun. Not saying you were intending on killing the officer. Not saying that at all. I hope not. A: No. Hell, no. Q: You don’t - you don’t seem like that kind of guy that would... A: No, no, no. I take out shooting, target shooting but... Q: My big concern is - is - is I do think at - at one point you did have control of his firearm. A: Did I? Q: Yeah. A: Oh. I hope I didn’t. Q, Well, he’s... A: I know I... Q: ...two hands on you. A: Well, this one is... Q: You had one hand secured to the table. Q1: No, he had both his hands on you. He - he took... Q: When - so from what they’re telling us is that when you head to the door, when you’re saying that you want the phone, he came in and he put you back in the bed. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 18 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 A: Mm, no. It was more of a Superman grab and all that. Q: Okay. Q1: But he picked you up and... A: Pulled like... Q: So during that scuffle... A: Yeah, and there’s a bed. Q, During that scuffle he’s got two hands on you trying to - to take... A: Yeah, and I’m over him like this trying to get him off and all that other stuff and then... Q: So at some point there you were able to gain control of his handgun. Q1: ‘Cause you said you - you were hugging around his belt and grabbing stuff. A: Yeah, trying to get him off and all that, pulling on his shirt, whatever I can grab and all that and then the gun went off and that’s when I kind of had a hand of something and it didn’t feel like a gun. It felt like pepper spray or something ‘cause it had - it was long. It didn’t have a barrel on it or anything, whatever it was. What do those guns look like? ‘Cause it didn’t - it feels like... Q: Normal handgun. A: Yeah, it didn’t feel like that. It felt like something else. Q: Okay. A: ‘Cause I - I deal with guns daily. Q: Mm-hm. A: I - I fix them, I make parts for ‘em, I go shoot ‘em, yeah, and that did not feel like no gun. Q: Okay. A: It wasn’t even that loud. It sounded like a 22. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 19 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 Q1: Well, that’s a psychological deal. Your - your brain will literally shut down the sound of a gunshot in your head. That’s - that’s been proven more than once. A: Oh. Q1: So the sound of the report of a gun isn’t as loud as it actually is. A: Oh. Q1: Your brain shuts it down. Q: Yeah. A: You hear that bomb? Q: Yeah. Q1: And that’s - that’s your brain saving things... A: Mm-kay. Q1: ...is what that comes down to. Um, but back out on the scene. We’re gonna go back to the street. When he - when the officer went and put you on the ground what did you do then? A: I tried to get him off me ‘cause it was wrongfully, uh, accused. I’m like, come on, dude. Q1: Okay how did you try to get him off you? A: Well, he was, like, basically laying on me. Q1: Okay. A: Yeah, so I was trying to push him off... Q1: Were you on your back at the time or were you on your stomach? A: Actually I was on my face. Q1: So you were on your stomach. A: Well, no I was... INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 20 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 Q: You were face first t- towards the ground, right? A: No, just my face was on the ground like this so I was kinda like... Q: On your side. A: Yeah, that’s why my shoulder’s all chewed up. Q1: Okay so you were on - you’re on your right side or your left side, do you think? A: My right side. Q1: You were on your right side. He’s still trying to put you in handcuffs. A: Yeah. Q1: Okay you’re obviously - you think it’s wrong. A: Yeah. Q1: So you’re verbally saying this is wrong. A: Yeah. Q1: And then how are you physically reacting to the officer? Did you throw any punches? A: No. Q1: Did you - did you elbow him? Did you try to pull your arm free? Were you kicking? Were you trying to roll away from him? How did that go down? Because if you’re not actively moving around or physically trying to fight him putting you in handcuffs should have been pretty easy. A: Yeah. Q1: But if you’re... A: I was rolling around trying to get away. Q1: You were trying to roll around, trying to get away. Q: Trying to push him off. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 21 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 A: Yeah. Q1: You try to push him off at some point. A: Yeah. Q1: So at some point you got on your back? A: Yeah. Q1: Okay and you try to push him off. A: Yeah. Q1: Okay. A: That didn’t work. Then the tow truck driver came and helped him and they put me in handcuffs. Q1: Correct. A: I just wanted to get the crap out of my car. Q1: Okay A: You know? Come on. There was no need for all that. Q1: Sure. I wasn’t there. A: I know. Q1: I, like, I can’t argue with either one of you. I wasn’t here. A: Yeah. Q1: Uh, I understand your point of view and I do understand his point of view bebecause I wasn’t there. I’m just here to get both sides. And I’m asking specific details so we can corroborate either side ‘cause either side doesn’t matter to us. We’re just trying to get the facts from both sides. A: Yeah, because he tased me and all that Q: Do you remember where he tased you? A: Um, I remember when they were getting me somewhere and all that, “Do you INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 22 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 wanna leave the - the (unintelligible) wires in there?” And I don’t know if they pulled ‘em out at the hospital or what. Because my body went numb after that. Q: Do you know if they were in your back or was it in your arms or... A: Actually I don’t - no, those are from my handcuffs. I couldn’t tell you. Q1: Okay so you’re - you’re on the - your side. You can - you’re rolling around and you’re trying to push him away. Did - was he still on top of you making contact when he tased you and he just put the - the taser right up against you and tased you or did he step back and fire the Taser at you? A: No, ‘cause he was still on me when he did it. Q1: Okay so the tas- A: I don’t know if he was using the - the close up not the barbs. I - I don’t know but they said to leave the wires on him. Q1: Mm-hm. A: I’m, like, I don’t know if they stuck me with the wires. Q1: Okay. And you don’t remember how many times you were tased? You think it was just one? A: Yeah, I can’t feel that. I mean... Q1: Okay no. Adrenaline’s adrenaline, man. That (unintelligible) A: I stun gun myself all the time. It’s, like, like, come on, buddy. Do it to your leg. (Unintelligible), you know, one of those cheap ass ones - 10,000 watt ones. Stick it in your leg, man, you know. Q1: Mm-kay. A: Being stupid. Q: Okay so how did - how - how did (Harold) (unintelligible)? A: (Harold) was actually in the car with me. Q: He was riding with you. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 23 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 A: Yeah, I told him to wait by the car and I walked down to (Quik Pik). Q: How far away from (Quik Pik) were you guys? A: Like, I was right there. It’s, like, well - okay. My car and the (Quik Pik)... Q: This is (Medalarch) Road. A: Yeah. And my car was, like, right here over the curb and all that. But I had to walk down and around because they had the cattle fence. Q: Oh, okay. A: Yeah, and then I went in there. I was like, you know, “Can you help me get my car out,” and all that and he’s like, “No.” And then when I was walking back the tow truck and the cops and I’m like, what the hell? There’s never this (unintelligible) out here. Q: Well, it might have just been an area, I don’t know. A: Yeah. Q: Um... A: And there was nobody at the store. Nobody. Q: Yeah. A: Yeah, I’m like, where’d they all go? Q: Okay so you didn’t have an accident though? A: No. Q: I mean just some mechanical problems. A: Yeah ‘cause I’ve been working on it. My wife drives it back and forth a few times to work and then the head gasket, water pump, some of the suspension and I think the tire rod were, um, were bent out. Q: Okay. A: The ball joints were bad on it so it probably just popped out and fuckin’ went that way. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 24 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 Q: Okay, um, just sit tight for a second. I’ll be right back with you. A: Okay. Q: (Unintelligible). ((Crosstalk)) The transcript has been reviewed with the audio recording submitted and it is an accurate transcription. Signed________________________________________________________________________ INTERVIEW WITH MATTHEW MENARD Q=Det. Deskins Q1=Det. Boothe A=Matthew Menard Q: Um, so walk us through again, ‘cause - w- walk us through with as much detail as you can how - how we got to where you and the officer are struggling in that room. A: Well they - when they had me handcuffed to the bed and all that and I was like, “Can I use the phone so I can call my wife and tell ‘em, that - where I’m at, and all that other stuff,” you know, they just look at me and just walk away. So I got off the bed and rolled it, uh, uh, of c- of course I was bein’ a little louder than I needed to be. Q: Okay. A: Yeah. Q: What do you mean by that? A: Like, because there was people next door and one of the nurses said, “There’s people next to you.” I was like, “Well I just want to use the dang phone.” INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 25 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 Q: Okay. A: You know, and all that. But when I pulled it even out towards the door a little bit, well you can’t fit ‘em out the door when you’re handcuffed kinda through the door and all that, he - the officer come back and all that and kinda - it was kinda, like, a push kinda pick up and all that. And when he did that, he fell on top of me and then tried to - what is it, like, the elbow, or arm, like, hold me down with that, whatever you call that. I don’t know what you call that. A wrestling move, um, I... ((Crosstalk)) Q: I don’t know, there’s a technical term that... A: Yeah, uh, yeah, uh, uh, “You’re fucked buddy,” or ho- yeah. And then we were ju- I was scuffling with him and all that to get him off and all that. And then... Q: So where were - when he comes in and - and - and puts you down - holds you down, were you face-first in - in the bed? A: No, I... Q: Were you... A: ...was back - my legs were basically dangling off the end, and my back... Q: You guys are... A: I was, like... Q: ...face-to-face? A: Yeah, I was basically towards the - the wall. Q: Okay. A: And my feet were hanging off and he was on top of me. Q: Okay. And which hand was cuffed to the bed? A: This one here. Q: That hand? INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 26 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 A: That’s probably why it’s all swollen and fucked up. Q: Okay. A: Because it - your hand can only bend so far. Q: Yeah. And so when - when you guys are right there, you said there’s a little bit of a scuffle. A: Yeah. Q: Are you tryin’ to get him off of you? A: Yeah, ‘cause I just wanted to use the phone. Q: Okay. A: You know. Q: And... ((Crosstalk)) Q: ...how were you trying to get him off of you? In what way? A: Well I only had one arm, so I was tryin’ to push, pull, do whatever I can... Q: Yeah. A: ...with one arm. Q: Are you, like, pushin’ up towards his face? Are you... A: No, I was more, like, tryin’ to push him - roll him off type... Q: Okay. A: ...and all that other stuff. Yeah, it’s, like, one man - a one-armed man acting like this. ‘Cause y- I can’t use my legs ‘cause he on them, and my arm - this arm’s handcuffed and I had this one arm, and it’s, like, I couldn’t do much. Q: Okay. A: Yeah. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 27 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 Q: So kind of a little bit wrestlin’ with him? A: Yeah, I’m pretty much, like, I might as well just give it up. Q: Okay, but when you’re - when you’re doin’ that, are you kinda all the way around on his waist? I mean... A: No, I only can meet, like, a little ways past the middle of his back and tried or was grabbing whatever. Q: Okay, so you’re grabbin’ at, like, his belt? A: Yeah. Q: That’s probably the easiest thing for you to get ahold of? A: Yeah, and whatever he kept on the back with the handcuff thing and stuff like that, yeah. Tried to... Q: Okay. A: ...pull him off. Q: Okay. Q1: Did you try to do any resisting with the left hand that was handcuffed? Did you use your left hand at all... ((Crosstalk)) A: I couldn’t. Because it was handcuffed and I... Q: So what... A: ...couldn’t... Q: ...hand did - were you able to grab? You said you grabbed some object. A: Well would be my right hand. Q: You got his, uh... A: ‘Cause I think when I got him to roll over more and all that other stuff. Q: Okay. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 28 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 A: Yeah. Q: Okay. Um... A: But he was like, “Just sit down or I’m gonna tase you or something. Not friggin’ no friggin macho, macho and do... Q: Okay. A: ...that shit.” There’s no reason for that either. Q: Well it - it sounds like there was a lot of leading up to that though, right? A: I was bein’ loud, basically, yeah. Q1: Cussin’ kind of at everybody? A: Only at the, um... Q: ‘Cause I mean we - we talked with the nursing staff, we talked with the doctors, and m- they’re all pretty consistent on, uh... Q1: You came in cussin’ and spittin’, and you continued to the whole time. A: Probably. Q1: Maybe not spittin’, but... A: Yeah, not spittin’, no, like, no. Q1: Okay. Q: But cussin’ and yellin’ at everybody. Q1: Cussin’... A: Yeah. Q1: ...and yellin’? A: Yeah, ‘cause I wanted the phone and all that, and... Q: Yeah. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 29 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 Q1: Okay. A: ...well it was probably deserved when I asked someone to do that. Q1: Okay, so... A: Yeah. Q1: ...if you’re cussin’ at me am I givin’ you your phone? If - if I’m... A: No. Q1: ...cussin’ at you, are you givin’ me your phone? A: True. Q: Okay. A: But I did ask nicely and all the other stuff first, before I went belligerent. Q: Okay. A: And they just ignored me and all that, because my wife’s home with the two kids and... Q1: Right. A: ...you know, come on, common sense... Q1: Well... A: ...people. Q: So let me real quick back up, did - I - I was just told that, um, the County were they out at your house last night too? A: The County? Q: The County Deputies, Sheriff’s Department? A: Not that I know of. Q: What’s your address? A: INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 30 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 Q: A: Q: A: Yeah. Q: Okay, so, yeah, I was told they were out there... Q1: Around... Q: ...last night. Q1: Around midnight, before you even left to drive the car to go get cigarettes. Q: What time did you leave to go get the cigarettes? A: Well I went down to the Happy Valley area with my buddy and all that. Q: Okay. A: ‘Cause he - yeah, ‘cause he’s basically - you can’t see the stars in Tucson. Q: Yeah. A: Yeah, so I took him down to the river track right there and... Q: What time did you do that? A: Hell, you know what? I don’t know. Q: No, you don’t recall? A: No. Q: Do you remember about what time your vehicle had experienced the mechanical problems? A: It was probably around - yeah, I don’t - yeah. Q: Not certain? A: No. But there was no cops. I would have seen ‘em past me, if they were goin’ INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 31 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 towards my house. Q: Did you - did you and your wife have a - a little bit of an argument last night? A: Yeah, but we si- we situated it and all that, because... Q: Okay. A: ...she didn’t want me out there workin’ with (unintelligible), and “Well come in and have fun with us, we’re playin’ this card game. We only play it once a,” blah, blah, blah. And, you know... Q: And you don’t remember what time that was? A: No. When we have cards and all that it’s whenever we get tired. Q: I gotcha. A: Yeah. It’s, like, a big - big football game, “Oh, man, it’s over, I guess party’s over,” you know. Q: Yeah, I gotcha. How many people were over at your house for that card game? A: Uh, me, my wife, so that’s two, (Harold), (Sal), and (Ruby). Q: (Sal) and (Ruby)? A: Yeah. Q: Do you know (Sal) and (Ruby)’s last names? A: No. These are all people my wife works - well (Harold) used to work for that... Q: What’s... A: ...BSI. Q: What’s your wife’s name? A: (Jennifer). Q: (Jennifer), same last... INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 32 1396 1397 1398 1399 1400 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 1429 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 A: Yes. Q: ...Menard? Okay. Um, so - and, again, I - I - I had them look at - I haven’t even talked to the Deputy that went out to - to your place last night. A: I mean that was the first news right there. Q: Okay. ((Crosstalk)) Q: So as far as you know nothin’... Q: No... Q: ...no reason why the Deputies would have been called to your house? A: Not that I know of. ((Crosstalk)) A: Maybe ‘cause I was gone too fa- - long, or something. I have no idea. Q: They said - they said somethin’ about, uh, some criminal damage, right? Q1: Some windows... ((Crosstalk)) Q1: ...breaking? Q: Broken up. Q1: Glass breaking? A: No. The windows in my house are cracked, but that - they have tape on ‘em, until I can get those replaced, but... Q: Well... A: ...not breaking. Q: No new - no new breaks? A: No. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 33 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 1459 1460 1461 1462 1463 1464 1465 1466 1467 1468 1469 1470 1471 1472 1473 1474 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 1485 Q: Okay. Q1: Didn’t throw a beer bottle? Somebody didn’t throw a beer bottle, drop a beer bottle? Just drop it... A: No, we didn’t... Q1: ...and have it break? Q: No beer bottles? A: No, we make margaritas. Q: Okay. A: So if you’re gonna throw a solo cup and break a window, then that’s a strong ass solo cup. Q1: Heck, yeah. Heck, yeah, it is. We’re just goin’ off of what we’ve heard. A: Yeah. Q: The, uh... ((Crosstalk)) A: It’s a he say, she say kinda - yeah. Q1: Mm-hm. Q: Yeah. A: I know, and it’s just like really? Q: Okay. Well, Matt, is there - do you have any questions for me? A: Yeah. Well what am I gettin’ charged with? Q: Well right now you’re gonna be charged with aggravated assault, okay? A: Uh, for... ((Crosstalk)) INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 34 1486 1487 1488 1489 1490 1491 1492 1493 1494 1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521 1522 1523 1524 1525 1526 1527 1528 1529 1530 Q: For at least three officers, um, not to mention... A: Three? Q: Yeah. So you have the officer on the scene, um... A: On the road. ((Crosstalk)) A: And then one on... ((Crosstalk)) Q: Any time you fight with an officer that’s aggravated assault, okay? Q1: Along with resisting. Q: Resisting arrest. Um, the other two officers that are there for the - the gun shot... A: Uh-huh. Q: ...and the... ((Crosstalk)) A: A couple of ‘em were together when they were there, so... Q: Yeah, there was two there. A: Okay. I didn’t see... Q: And then you’ve got, uh, you’re gonna also be charged with aggravated assault for the medical staff that was there. When the round went off it went through a wall and almost hit one of the nurses. A: Hm. Q: Okay? So you’re gonna be charged with that stuff. Q1: And there were also two other medical staff personnel within two feet of where the - the round’s trajectory into the wall. A: No, shit. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 35 1531 1532 1533 1534 1535 1536 1537 1538 1539 1540 1541 1542 1543 1544 1545 1546 1547 1548 1549 1550 1551 1552 1553 1554 1555 1556 1557 1558 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1570 1571 1572 1573 1574 1575 Q: Yeah. So we’re glad things didn’t - didn’t get worse, but they clearly could have. A: Yeah. Q: And that’s why we’re sayin’ some decisions were made last night - and I’m not sayin’ that you’re that guy, but I think you - you made some dumb decisions last night... A: Hm. Q: ...that - that kinda put us in the situation we’re... A: Yeah. Q: ...in right now. Um, so... A: Wow. Well I guess I don’t have no gun rights anymore. Q: Well that’s - that’s not our... Q1: You - you’ve... Q: ...our job. Q1: You’ve got to be convicted... Q: Yeah. Q1: ...we’re just gathering the information. And that’s why we came to talk to you, ‘cause we want... Q: Yeah. Q1: ...your side of it as well. A: Yeah. So where do we go from here? Q: Um, well we’re gonna leave you here for a little bit. Again, um, we’ve got to get some paperwork done and then you’re gonna be transported down to the Bisbee Jail. You’ll be booked in on the - on the charges, okay? Q1: Or possible Sierra Vista, I don’t know INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 36 1576 1577 1578 1579 1580 1581 1582 1583 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593 1594 1595 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 1612 1613 1614 1615 1616 1617 1618 1619 1620 Q: Yeah. Q1: Whoever’s gonna take it. A: Mm-hm. It’d be nice to have a good shirt. Q: Yeah. Q1: Well... Q: They’ll dress you up. Q1: Yeah, they’ll... ((Crosstalk)) Q1: They’ll give you that really cool orange one when you get there. A: Yeah, that probably has so many bacteria and diseases... ((Crosstalk)) Q: Oh they do a good job cleaning ‘em. A: And, what, they refill the shit, yeah. Q: Don’t know that. Q1: I know theyc c wash ‘em. Q: Yeah. Q1: That’s as far as I can... ((Crosstalk)) A: Yeah, right. If you use Tide, you know, uh... Q: Okay. All right, Matt, if, uh, if there’s nothin’ else, then we’re gonna go ahead and head on out, okay? A: Mm-hm. No, ‘cause I shouldn’t be charged with that, just the DUI. I mean it all for doin’ stupid shit, but, yeah, they didn’t... ((Crosstalk)) INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 37 1621 1622 1623 1624 1625 1626 1627 1628 1629 1630 1631 1632 1633 1634 1635 1636 1637 1638 1639 1640 1641 1642 1643 1644 1645 1646 1647 1648 1649 1650 1651 1652 1653 1654 1655 1656 1657 1658 1659 1660 1661 1662 1663 1664 1665 A: ...have the right to do all that. I didn’t have the right to... Q: Well do you - do you think - do you think you should be charged with a DUI, but nothin’ else? A: Yeah. Maybe one... Q: Okay, so... A: ...resisting arrest. Q: So this - see that’s the problem. If they have a right to arrest you for DUI, once he tells you you’re not free to leave, you don’t have the - and - and... A: I know. Q: ...put yourself in our shoes. A: Yeah. Q: If I’m out there by myself, I don’t know you from Adam. You’ve got a gun in your car. How do I know that you’re not tryin’ to get to that gun to - to kill me? A: Oh no. Q: Once I tell you you’re... A: Well yeah. Q: ...under arrest... Q1: Yeah. Q: ...you’re - you’re freedom to move about is done. You’re done, you don’t have that luxury anymore. Because - I mean think about the - the climate that we’re in right now, right? A: Yeah, true. Q1: Mm-hm. Q: So when he says, “You’re under arrest, turn around and put your hands behind your back...” INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 38 1666 1667 1668 1669 1670 1671 1672 1673 1674 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 1685 1686 1687 1688 1689 1690 1691 1692 1693 1694 1695 1696 1697 1698 1699 1700 1701 1702 1703 1704 1705 1706 1707 1708 1709 1710 A: Yeah. Q: ...the fight didn’t need to happen. A: No. Q1: And... Q: It didn’t need to happen. Q1: ...whether you agree with the arrest or not doesn’t matter, because if he wrongfully arrests you, that’s somethin’ you... Q: You can handle it... Q1: ...can deal with after. Q: ...later. A: Yeah, I’m gonna have to, because he did. Because I did his field test and passed it with flying colors. Q: Okay. A: Yeah. And that’s the fastest response that I’ve seen out there for a tow truck and a cop, when I just got out of the damn car, to walk down to the Quick Pick. Q: So what do you think can happen with that? I mean... A: I have no idea. All of a sudden I’m walkin’ back and here’s a tow truck, and all of a sudden here comes a black and silver - what is it, a State Trooper, or whatever... Q: Mm-hm. A: ...yeah, come off the freeway, I’m like, “What the hell?” Q: Yeah. A: It’s, like, that’s the fastest response, and there’s nobody around, who in the hell called? Q: That I don’t know. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 39 1711 1712 1713 1714 1715 1716 1717 1718 1719 1720 1721 1722 1723 1724 1725 1726 1727 1728 1729 1730 1731 1732 1733 1734 1735 1736 1737 1738 1739 1740 1741 1742 1743 1744 1745 1746 1747 1748 1749 1750 1751 1752 1753 1754 1755 A: Yeah, that’s just the mystery. I’m like, “What the hell?” ((Crosstalk)) Q: But that’s - that’s somethin’ that, quite frankly, doesn’t need to be taken care of right then and there, right? You don’t need to be fightin’ the officers over that. A: Yep. Q: And - and so, um... Q1: And allowing you to go - if I say, “You’re under arrest,” am I gonna let you go back to your car to get your stuff? A: Probably not. Q1: It... A: Probably... Q1: ...doesn’t - it doesn’t make sense to me, because I don’t know what you have in your car. A: True. Q1: And we didn’t find out about the gun until later anyway. A: Mm-hm. Q1: And the officer on the side of the road didn’t know about the gun, but he doesn’t know what’s in the car. Q: Exactly. A: Yeah. Q1: And... A: Well I wasn’t in the car, so I didn’t have to notify him about that one. Q1: We’re not sayin’... Q: We’re not... INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 40 1756 1757 1758 1759 1760 1761 1762 1763 1764 1765 1766 1767 1768 1769 1770 1771 1772 1773 1774 1775 1776 1777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 1790 1791 1792 1793 1794 1795 1796 1797 1798 1799 1800 Q1: ...you did. Q: ...sayin’ that. Q1: We’re sayin’... A: Yeah. Q: Because when he says... A: I wasn’t... Q: ...you’re not goin’ back to the car right now, you’re under arrest, that’s the end of it. A: Yeah. Q: You don’t need to go to your car. A: Yeah. Q: And you’re not in a pos- position at that point to say, “Yes, I am.” Because that’s why we got in that situation. A: Yep. Q: Because as far as he knows your intentions are - are bad... A: No. Q: ...right? A: Hell, no. Q: Well... A: I’m not that type of person. Q: Unfortunately, I mean the struggle by itself kind of gave fotter to his beliefs. A: Yeah. Q: Did you make any comments to the tow truck driver? INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 41 1801 1802 1803 1804 1805 1806 1807 1808 1809 1810 1811 1812 1813 1814 1815 1816 1817 1818 1819 1820 1821 1822 1823 1824 1825 1826 1827 1828 1829 1830 1831 1832 1833 1834 1835 1836 1837 1838 1839 1840 1841 1842 1843 1844 1845 A: Um, well he just towed my car. Q1: Okay. Q: Okay. What’d... A: Yeah. Q: ...you say to him? A: I was like, “What are you doing here? I didn’t call a tow truck and all that other stuff.” And then he waited there for me to do the sobriety test and all that. And then, basically, um, I did the nine forward, (unintelligible) nine back... Q: No. A: ...and all that. Then he says, “Well you’re under arrest for a DUI.” And I’m like, “Are you kidding me? I just passed your test.” I was like, “Do you got a breathalyzer?” “No, I don’t have one.” I was like, “You don’t?” Q: Not on-scene they don’t. A: They’re supposed... Q1: Not always. A: ...to have a portable one. Q: No. Q1: They don’t have to. Q: They don’t have to. A: No? Huh. Well... ((Crosstalk)) Q1: 16... Q: Most are inadmissible anyway. Q1: 16... INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 42 1846 1847 1848 1849 1850 1851 1852 1853 1854 1855 1856 1857 1858 1859 1860 1861 1862 1863 1864 1865 1866 1867 1868 1869 1870 1871 1872 1873 1874 1875 1876 1877 1878 1879 1880 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 A: Yeah, I know. Q1: 16 years I’ve never carried one. A: Really? Q: So - so... A: I have a keychain one. Q: ...what did you say to - what’d you say to your, uh, to the tow truck driver? A: Basically, I was like, “I didn’t call you, why are you here?” “Well I’d seen you go off the road and all that.” And I’m like, “Yeah.” And then the State Trooper showed up and we - well he pulled up first before the State Trooper... Q: Uh-huh. A: ...okay? And we were talking and all... Q: So maybe that’s who ended up callin’. Q1: Maybe. Q: Maybe he saw you go off the road and called. A: Yeah. ‘Cause he just got done towing me because it blew the head gasket and all that other stuff. Q: Uh-huh. A: Just, um, east of Tucson. Coming back it was just two... Q: Well... ((Crosstalk)) A: ...pass, you know, you have the exit and back to - it’s a... Q: Where’d he drop the vehicle off at? A: My house. Q: At your house? INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 43 1891 1892 1893 1894 1895 1896 1897 1898 1899 1900 1901 1902 1903 1904 1905 1906 1907 1908 1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932 1933 1934 1935 A: Yeah. Q: Is there a chance that he knew that maybe you’d had a little bit to drink? A: Hm, probably not. Q: No? A: No. Q: Did you ride in his tow truck with him home? A: Yeah, that day when he picked up my car. Q: Yeah. Q1: How many days - that’s been before last night though? A: Yeah, that was, like, two days before. Q: Oh, oh, okay. A: Yeah. Q: Okay, obviously. A: Yeah - no, not that night, no. It was two days before. Q: Okay. A: And then I just got the car running again, the head gasket... Q: Oh. A: ...and all that, that’s why it friggin’ went off into the ditch. I’m like, “Goddamn car.” Q: The - yeah. Okay. So did - did you at any time threaten the tow truck driver? A: No. Q: So if he told me that you did, that’s a lie? A: Yeah. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 44 1936 1937 1938 1939 1940 1941 1942 1943 1944 1945 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 Q: Why - why do you think he would have the benefit for lyin’ about that? A: Probably my car, ‘cause he said, “You have a lot of money in this car,” when he took it the first time. Q: He doesn’t get that car, bro, it’s not the way that works. A: No? Q1: No, ‘cause you sent your wife down there to go get the car out of impound as soon as they’re done with it. A: Yeah. Q1: It has to be at his shop for over 30 days before they can even apply for abandonment title. A: Yeah. Q: So you never at any point in time said that you were gonna shoot him? A: No. Why would I shoot a tow truck driver? That’s just... Q: I don’t know, but, again, that’s... A: That’s just... Q: ...just weird. That’s what I’m bein’ told. A: No. What a fuckin’ jerk. Q: Okay. A: And I go - then I put my application and worked for his ass all night. Q: Oh were you? A: Yeah. I said, “Go get my health card.” Q: All right, how so? A: He needs - he needs seven people down there, yeah. Wow. Shoot him with what? A 25? I couldn’t even hit that can right here. The fuckin’ thing’s an old piece of shit. It’s just a cap gun to scare - well, basically, a tweaker deterrent that I put in there for my wife, ‘cause she works in Tucson, so... INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 45 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Q: Yeah. A: ...other than that. Q: So you’re - you’re a gun enthusiast... ((Crosstalk)) Q: ...huh? A: Yeah. Q: And - and... A: Uh... Q: ...you do - you like to do some huntin’? A: Huntin’, I do, um, I think the oldest gun I have is a Winchester .22 from 1835. Q: A .22? A: Uh-huh. Single-shot, basically, you just (unintelligible)... Q: Mm-hm. A: ...and you just pull it back... Q1: Yeah. A: ...put a .22 short, long or mag in it, close it. And the funny thing is, you know how you have those keyrings, where you put keys on? Q: Mm-hm. Q1: Yeah. A: There’s one, like, that, but it’s an old steel one that’s on it, pull it back to arm it. Q: Yeah. A: Yeah. It was a pretty cool little gun. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 46 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 Q: Yeah. A: It’s just not really good for - if you’re goin’ for a rabbit, or... Q: Or... ((Crosstalk)) A: Yeah. Q1: What - what about you’ve got some deer rifles, or anything like that? A: Yeah, a 243, some 12-gages, some other handguns. Q: What kinda handguns? You said you’ve got a 40-cal? A: I have a 40-cal, and my other shotgun .22 rifle and my other Taurus 45-70 I’ve been tryin’ to get back from the Sheriffs for over a year and a half. Q: Why do they have it? A: For that DV crap, and then... Q: Oh. A: ...it dropped down, and I got my rights back, and - yeah, but, you know, they have to take... Q: What about... A: ...their time. Q: Have you - have you, uh, have you gone out and gotten a fad and gotten any AR15s, or anything like that? A: Uh, that’s a glorified .22, yeah. Q: Okay. A: I’m good with that. My brother bought one and all that, ‘cause he just got out of the Marines and all that. I was like, “Why’d you buy that? That’s a .22.” But so is my 243, so I couldn’t say much. His is auto and mine’s bolt action, so he... Q: Yeah. INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 47 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 A: I couldn’t really say much. Q: Okay. A: Yeah. Q: Well, Matt, um, you understand what your charges are? A: Mm-hm. Q: Um, I think we’re pretty much done, unless you’ve got any other questions? Uh, you good? A: Mm-hm. Q: Okay. I’m just gonna have you sit back there in your cell. A: Did you get ahold of him with my glasses, or... Q: Uh, no, no, we’re gonna go do that right now. A: Yeah, and then when I get out I need to go to the hospital, ‘cause they didn’t do, uh, shit. Q: Well we talked to the doctor and he said you’re medically cleared. A: Yeah, medically, but not fucking fucked up, you know. Q1: Yeah. Q: Well, unfortunately, you’re - you’re demeanor... A: Yeah. Q: ...they weren’t - they weren’t able to leave you there just because... A: Yeah. Q: ...uh, again, they have other customers... A: Yeah. Q: ...besides you, right? INTERVIEW WITH MATTHEW MENARD Interviewer: Det. Deskins 06-10-18/1:11 pm Case # az1800238888 Page 48 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 A: Yeah. Q: Other patients. A: ‘Cause my hand is swollen. Q: Yeah. A: Straight across? Q: Yep, straight across. A: Ah, and I’ve got this sharp little pain in - in my rib. I don’t know if that one’s cracked or not. Well it’s not real bad. Q: Okay. A: Can I get some more coffee, or no? Q: Uh, we can. Q1: Coffee? Q: Yeah. Q1: Yep. The transcript has been reviewed with the audio recording submitted and it is an accurate transcription. Signed________________________________________________________________________ ARIZONA DEPARTMENT OF PUBLIC SAFETY IV. INTERVIEWS DR NUMBER: 1. 2. 3. 4. 5. 6. 7. AZ1800238888 Trooper Joshua Marotto, #10462 Trooper Allen Hernandez, #10307 Trooper Bobbie Woolley, #6519 Trooper Brent Haymore, #7670 Sergeant Brian Summerfield, #5709 Matthew Menard, Suspect Christopher Frontroth, witness Relevant statements for the for the following witnesses can be found in the supplemental reports authored by Detectives Deskins and Boothe: 8. 9. 10. 11. 12. 13. 14. 15. Trudy Marks, witness Julie Qashu, witness Gary Edwards, witness Dr. Ryan Howard, witness Constance Proulx, witness Dena Welch, witness Anita Paxton, witness David Bills, witness Follow-up interviews were conducted with Trudy Marks, #8, and Dena Welch, #13. Please see the investigative report for further details regarding their statements. Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 1 of 1 ARIZONA DEPARTMENT OF PUBLIC SAFETY V. SUPPORTIVE DOCUMENTS DR NUMBER: AZ1800238888 1. Wunderground.com Weather Report for June 10, 2018 2. Hospital Search Warrant 3. Not-to-scale diagram completed by Capt. B. Buller 4. DPS Inbound Evidence Receipt 5. AZ1800240560 Report Completed by Det. Deskins 6. Certified State of California Felony Conviction for Menard 7. eTrace Firearms Trace Reports 8. DPS Firearms Examination Memorandum 9. DPS Computer Aided Dispatch (CAD) Log 10. Toxicology Report for Menard 11. DPS Firearms Examination Memorandum for AZ1800240560 12. DPS Firearms Analysis Report for items #RJO2, #RJO4 and #RO8. Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sergeant Robert Phillips, #6284 Page 1 of 1 ARIZONA DEPARTMENT OF PUBLIC SAFETY SCIENTIFIC EXAMINATION REPORT DR NO. 2018030666 Page 1 of AGENCY NO. 2018030666 OFFICER SUMMERFIELD, #5709 DATE June 27, 2018 MEDNARD, MATHEW J. i EXAMINATION REQUESTED Alcohol Analysis ITEMS BW1.A. Blood Specimen labeled RESULTS INTERPRETATIONS BWI .A. Analysis of the Specimen showed it to contain 0.049 i 0.003 grams of ethanol per 100 mL of blood. The specimen has been forwarded to drug toxicology for additional testing. If additional testing is not required, please notify the laboratory. @mk? SETH RUSKIN, #6037, Forensic Scientist For quantitative values, the uncertainty of the Southern Regional Crime Laboratory concentration is given at a level of con?dence 2525 East Valencra Rd" Tucson, AZ 85706 greater than 99.73%. 520-746-4552 Laboratory System Accredited by the - International (ISO) Any notes, photographs. charts. or graphs generated during the examination are retained in the laboratm'y. ARIZONA DEPARTMENT OF PUBLIC SAFETY SCIENTIFIC EXAMINATION REPORT DR NO. 2018030666 Page 1 of 1 AGENCY NO. 2018030666 OFFICER SUMMERFIELD, #5709 DATE July 25, 2018 MEDNARD, MATHEW J. EXAMINATION REQUESTED Drug Screen ITEMS .A. Blood specimen labeled "Mathew Menard" RESULTS I INTERPRETATIONS BW1.A. The following preliminary test results were obtained: Methamphetamine MDMA Not Detected Barbiturates Not Detected Benzodiazepines Not Detected Cannabinoids Not Detected Cocaine Metabolite Not Detected Opiates Not Detected Carisoprodol Not Detected Methadone Not Detected Zolpidem Not Detected DANA GILMORE, #7236, Reporting Forensic Scientist Southern Regional Crime Laboratory 2525 East Valencia Rd., Tucson, AZ 85706 520-746-4577 For quantitative values, the uncertainty of the concentration is given at a level of con?dence greater than 95.45%. Laboratory System Accredited by the International (ISO) Any notes, photographs, charts, or graphs generated during the examination are retained in the laboratwy. ARIZONA DEPARTMENT OF PUBLIC SAFETY ARREST NARRATIVE REPORT CaseNumber 2018-030666 Date I Time of Report 611012018 02:23 NARRATIVE Initial Contact: On 06/10/18 at approximately 0229 hours, I responded to a report of a vehicle that went off the road and into a ditch in the area of Interstate 10 Exit 297. I located the vehicle on the north frontage road which is Meadowlark Lane. It had ran up over a curb and into some mesquite trees on the north side of the road. There was a tow truck parked in the west bound lane just east of the vehicle and two subjecm walking around the scene. I pulled onto the dirt shoulder on the south side of the road and exited my vehicle. One of the subjects, later identi?ed as Matthew Menard, approached me and met me in the middle of the road. I asked him if he was the driver and he stated, "Yes", and informed me that he had just turned the corner and the vehicle all of a sudden just pulled left. I immediately detected on odor of alcohol coming from his breath when he talked and noticed he had blood shot, watery eyes and a flushed look on his face. I asked Menard if he had drank any alcohol that night and he stated,"No". I informed him that I could smell a strong odor of alcohol on his breath and he then stated he had a couple drinks a lot earlier in the evening and it was Tequila, so it smelled strong. I asked him if I could preform a test on his eyes driving. Menard agreed to let me perform a test on his eyes. Horizontal Gaze Nystagmus: Prior to beginning the test, I asked Menard if he had any problems with his eyes, besides needing to wear glasses which he had on. He stated I had him remove his glasses for the test. I had to explain the test several times and remind him to keep his head straight during the test. I observed six out of six clues of HGN during the test. Menard continued to look up while checking for vertical nystagmus, so I was not able to see if he had vertical nystagmus. Walk and Turn: After completing HGN, I asked Menard if he would perform some other tests for me. agreed but stated he did not know why because he was not drunk. He also stated he had a bad knee. I informed him that would be ?ne and I would make a note of that. During the walk and turn test, I observed seven out of eight clues for the test. After putting Menard in the stance for the instruction phase, he began to walk prior to me completing the instructions. He also lost his balance and stepped to his right. I had him return to the stance for the instructions. He indicated he understood the instructions prior to beginning. Menard did not touch heel to toe on any of the steps with a minimum of 1 1/2" between his feet on each step. He stepped off the line to the right on the fourth step in the ?rst direction and stepped back on the line and stood there until i told him to continue. Menard took eleven steps in the ?rst direction and six in the second direction at which time he grabbed his knee and I had him stop the test. He had also stepped off the line to his right on the fourth step also. Menard stated his knee hurt so I did not have him perform any more tests. Arrest: I advised Menard that he was under arrest for DUI and he stated he was not drunk and that i had messed the tests up. I grabbed Menard's left wrist to place hhim into custody and he began to struggle and resist arrest. As I tried to gain control of his arm he continued to struggle and tried to grab me, so I took him to the ground. I advised him to quit resisting and that he was under arrest again. The tow truck driver that was on scene assisted me be holding his right arm. I informed Menard he would be tasered if he did not stop resisting and he continued to yell and struggle to get loose. I ended up deploying both of my Taser cartridges and Menard, who was laying on his back rolled toward his stomach and I was able to get his hands behind his back and cuffed with the help of the tow truck driver. Blood Daw: Menard stated he need an ambulance once he was taken into custody, so I called for one through my dispatcher. Once Trooper Haymore arrived on scene, We got Menard up and went to take him to Trooper Haymore's car to secure him in the back. He struggled and kicked twice while being escorted taken back to the ground. He was placed in Trooper Haymore's vehicle until the ambulance arrived. He was transported to the Benson Hospital and while I was outside the hospital working on a search warrant for a blood sample, Menard tried to get out of the hospital and struggled with a Trooper in the hospital and discharged his weapon. Once cleared by the doctor, Menard was transported to the Benson Police Department and held there. Due to the incident at the hospital, the time was delayed for a search warrant to be obtained. Once a search warrant was obtained for a blood sample, Trooper B. Woolley obtained two test tubes of blood from Menard while at the Benson Police Department at 0936 hours. The blood sample was placed into evidence and sent to the Arizona Department of Public Safety's Lab in Tucson for analysis. Test results are pending. Menard was transported and booked later at the Cochise County Jail in Bisbee by Trooper Lee #10262. The charges for the DUI are pending the blood results and Menard was booked on charges from the incident at the hospital. Form Number: AR057092018062503162965 DPS - Internal Use Only Page 1 of 2 Reporting Of?cer Badge Number SUMMERFIELD, BRIAN 05709 Accepk Date Supervisor Badge Number 6I2512018 SUMMERFIELD, BRIAN 05709 Form Number: AR057092018062503162965 DPS - Internal Use Only Fags: 2 of 2 Arizona Department of Public Safety Special Investigations Unit 2339 20th Ave. P.0. Box 6638 Phoenix, Arizona 85005 ?VIail drop 3011) 602-223-2251, Fax 602-223-2332 July 12, 2018 Attn: Victorville Clerk The Arizona Department of Public Safety is respectfully requesting certi?ed copies of the minutes orders for the case listed below to assist with an attempted murder/weapons violation investigation: 1. Court Case Number: FBA007265 Subject: Matthew Joseph Menard Date of birth: Charges: Burglary, grand theft, tampering with identi?cation marks on a ?rearm, and receiving known stolen property. I am speci?cally looking for documentation stating the disposition on charge 4 with ?rearm restriction being a condition of probation and any other court case that would prohibit this individual from possessing a ?rearm. Would you please email the results to KNeese@azdps.gov or fax to 602-223-2332. Should you have any questions, please call me at 602-223-2551 or Lead Detective Valdez at 480-416-9438. Thank you, KW Nee/391 #7841 Intelligence Research Specialist Arizona Department of Public Safety ACTIC Intelligence Division Vehicle Theft Investigations I General Investigations Unit Of?ce: 602 223-2251 Mobile Fax: (602) 223-2332 KNeese@azd 3. CV Agency milk Arizona DPS RECQEWE JUL202018 m} JUL 1 6 2018 BARSTOW COURT VICTORVILLE 0131mm conceal. sell. withhold. and aid in concealing. selling. and withholding property. to wit. personal property. which had been stolen and obtained by extortion. knowing that said property had been stolen and obtained by extortion. COUNT 3 On or about April 19. 2003. in the above named judicial district. the crime of GRAND THEFT AUTO, in violation of PENAL CODE SECTION 487(d)(1), a felony. was committed by Matthew Joseph Menard and Jefferson Thomas Johnson. who did unlawfully take an vehicle. to wit: a COUNT 4 On or about April 19. 2003. in the above named judicial district. the crime of OBLITERATING THE IDENTIFICATION OF A FIREARM. in violation of PENAL CODE SECTION 12090. a felony. was committed by Matthew Joseph Menard and Jefferson Thomas Johnson. who did unlawfully change. alter. remove. and obliterate the name of the maker. model. manufacturer?s number. and other mark of identi?cation upon a certain firearm. to wit. handguns and long guns. without first having secured written permission from the Department of Justice to make such change. removal. and obliteration. . I i NOTICE TO DEFENDANT AND ATTORNEY Pursuant to Penal Code Sections the People are hereby informally requesting that defense counsel provide discovery to the People as required by Penal Code Section 1054.3. NOTICE TO ATTORNEY The materials accompanying this notice may include information about witnesses. If so. these materials are disclosed to you pursuant to Penal Code section 1054.2 which provides: "No attorney may disclose or permit to be disclosed to a defendant the address or telephone number of a victim or witness whose name Is disclosed to the attorney pursuant to subdivision of Section 1054.1 unless speci?cally permitted to do so by the court after a hearing and a showing of good cause.? Page 2 Cornplamt DA CASE 2003000020767 h. If Iii?Ii- ?ullisi.? I. .. .hiu .. . null .IT .. lull t: I I. all .I. .lrl. .. I ugh?Err .. . - Iar. lilrlr FL .3. Hail?1. .II I: 5.5m u. . min-r.? l1 haulFurther. attached hereto and incorporated herein are of?cial reports and documents of a law enforcement agency which the undersigned believes establish probable cause for the attest of defendanus) Matthew Joseph Menard . Jefferson Thomas Johnson . for the above-listed crimes. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT AND THAT THIS COMPLAINT CONSISTS OF 4 Executed at Barstow. California. on April 22. 2003. DECLARANT AND COMPLAINANT Mg: Barstow Sheriff Station Pr lim t. 00:00 Defendant Birth Date Booking No. No. Matthew Joseph Menard 0304080164 A23302943 Jefferson Thomas Johnson 0304080163 A11639189 a 0! meme air Page 3 d?omprar?r' NCIC '3 VOINOEEA 810K 08 0190 ouupmwag uas go Munoz) an 10} pun amounts was am so unoo WWNISIHO 3H1 03 1038303 0W 3?81'1'1ni 1! SI d0 SNILSISNOO SI NOILVDHILHSO SIHJ. 01 new 3H1 SUPERIOR c0011.? CALIFORNIA. COUNTY or S.BERNARDINO msrow DISTRICT, 235 MOUNTAIN VIEW, Bansrow. CA 92311 PEOPLE OF THE STATE OF CALIFORNIA.) I Plaintiff) vs. MATTHEW JOSEPH MENARD Defendant] Case No: FBA007265 i AKA: CHARGES: PC-F DATE: 05/28/03 JUDGE JAMES DORR DEPT: B4 TO: SHERIFF, COUNTY OF SAN BERNARDINO Defendant herein, having been convicted of the offensefs) described above. I do certify that upon such conviction, judgment was duly entered in the records of this Court as follows: Serve 270 days in a San Bernardino County Jail facility. with credit for time served. a matter of 40 days, plus conduct credit pursuant to PC4019 and abide by all rules without the possibility of county parole. 3mm A 3 ETTA enema 1 3?0' II. I- - axe-0 \?ch'f I certify the foregoing copy of the order rendered on ??90 osmw-M??ze-named Judge. 05/28/03 I VGEIODVS VOINOHHA Wm atuz ?a . mama-Io 1.93le SO AONVN some i0 am am no wuuamo 3H1 1333300 am an?; '11ns s: '(smva so anuslsuoo 'aauovuv SI HOIHM 01 mawnooa 3H1 . . . men-m my =1 33 mm morn-:snraoscmmu. 1/ MWWMOINMIHI: ??2117?! 71 ,gg?o 3. Mods?- Cams) Cams) Cad-Saw: mam Sana-win- comm mam moi-nu m; Gating-coon mam Saw-whin- h. 5. a. c. 1 ?Maumtonfimshlast?ytarmysa?mnd Mlhadmunedtheo?ansais). 19mm 6. a 1135011353 11355 Anywiolalim (Cudeappropnataparoie) 3131311119011 :1 a. Il??i-hu -3. -4u -n Film? lag?21115; -5n [E?m Ema: my. Ema um 63. -6c. Ea: arm a: h?dl II I .7 Ell. I1duI-1lni LLI L. .. II II 1 1hr..- Ilrl-Il-r-Iiul ?IllIl-H. H. .Ilu??lruuh? I I 1. 3 T. 10. 11. 12. 13. 14. 15. 16. arm?: a. a. a. I. h. mm. -mIWIE-eounmwu -an Mumpnurmmic?mnmay be: (Circia applicable (I) mumm Wumma?endm mmdwooyum Other. I. memImacoun b. Iundomandmammopmbl?onnpo?mm emwmn Mammary nouoampose amsdterm. aggravated. matim?on. suchmo?mse Iwrll Repo?tomaprobanon Keep so! bythe probation department mmBravosumhtams 999.6.- . ?alum an an: @111 E11. E12 13 lax?1'1] 14. 153. 21151:. -15c. V1511 I I uni?HE?. .I. ..TI. L?llul I . . 17. II. 22. ?manna-runway? ?um-UM? lemMWWuanMw?thwwa my m9. mm: Wham? I. on b. (HM) mend and #19 120 .Caltlomta. '2 I24 17. [Eta 19. {Xian 21; film. mama: Data Sigmmra taction htt- WW . 1m: Date s-t-OG Dill! :thatl omen (Read these tmdungs malty unto the record) AM My cummng the defendant. the court tends 3 3 The has read and undemands the DECLARATION BY DEFENDANT FISUANT TO PENAL CODE SECTION 859A :95 CHANGE OF PLEA Mandate pteats) (and That the detendant and mtelltgentiy wawes hm: consummate! That the datendant's pteatst ot guultyno contest [and Isiare tree and voluntary The defendant us personally and malty antenna hts?het plan at contest land to the o?ensetst That the oetendant understands the nature at the annals; charged against hmn'tet and the consequences 0! myher C3 7 Mi?Wr? Wm?awesh Mama 1 VIA ,6 . 4* . ?amt-5! gum-mt "Mm . \.Po . I an! ?mam v8 ?fl?w I WdWm?wa 5/3 y/0 3 m1,? d- Minna-11mg- at m.moopmm__. run-u ?5 tantalu- VGBOHVS '3 VOINOHEA muzuzmrt'? museum ms 10 Ramos) Ni 10; on! 'Mnomms smounoomsupm WNIOEHO 3H1 A 0 1033800 GNV 3M1 SI :10 SNIISISNOO SI NOIIVOUIIHJO HOIHM 01 3H1 SUPERIOR CALIFORNIA. COUNTY OF DISTRICT 235 MOUNT 3w BARSTOH. CA 92311 PEOPLE OF THE STATE OF CALIFORNIA.) I Plaintiff) I vs. Case No: PBA007265 MATTHEW JOSEPH MENARD Defendant) AKA: CHARG . -F. 2) PC-F. 3) PC-F. 4) 12090 PC-F DATE: 04/22/03 JUDGE THOMAS GLASSER To: SHERIFF, COUNTY 0? SAN BERNARDINO You are hereby ordered to receive said defendant forthwith into your custody and detain said defendant until legally discharged. Bail set at 550000.00o?729ro3 a mm: 9100 FOR: 9123-- cow? -- .3 . of the order rendered by the above mama Saudge. W5 MINI STRATOR: smO (seeg) HAMBLET. Deputy Clerk VGEOHVS VOINOHEA am 9101 En; HEN mwaaussw ooaamnutu! 'cgwoumpams so AONVN 193?" AW HI 03093! 50 ONV 31H N0 WNISIHO 3H1 j?fOO 1033800 GNU 3M1 '11n:l VSI 18)de i0 SI NOIIVOHIIUBO SI 1 HOIHM 01 3H1 Plaintiff crane EAST Filehlo [Iii ?(Lid -- MMW Wm WESTVALLEY OTHER WAIVER OF PERSONAL PRESENCE ACKNOWLEDGMENT OF ADVISAL OF CONSTITUTIONAL VIATVIO-VIAV ELECTRONIC AUDIO-VIDEO SYSTEN Thedefendant. present at this hearing and consents to a two-way audiovisual arraignment. Defendant was informed of the chargels) against him/her. his/her rights. of his/her right to the aid of counsel in every stage of the proceeding. Acknowledgment of Advisal ol Constitutional Rights signed. filed. and incorporated herein. Defendant in this matter declares that helshe has been advised of the following constitutional rights and also mites the followmg' waivers: a. The right to be tried by jury; b. The right to confront and to cross-examine all the witnesses against himlher; c. The right at the trial to present evidence in his/her favor and either to testify for himlherself or. if heishe wishes. he! she may remain silent: d. The right to a speedy and public trial; a. The hurt to have witnesses subpoenaed to testify in his/her behalf and to obtain all evidence which might exonerate the defendant: l. The rigit to have a qualified lawyer defend him/her at all stages of the proceedings; that said attorney may be of defendant's own choice or shall be court-appointed if the defendant is unable to afford counsel: 9. The right to a preliminary hearing if charged with a felony within ten (10) days. h. Defendant also understands that if an attorney is appointed to represent at the conclusion of the criminal proceedings. the court will. after a hearing. make a determination of the present ability of the defendant to pay all or a portion of the cost of the attorney. if the court determines that the defendant has such present ability. the court will order the defendant to pay all or part of such costs. Such an order will have the same force and effect as ajudgment in a civil action and will be subject to execution. PC 987.8. I. That defendant understands if heishe is not a citizen. the conviction of the offense for which helshe is charged may have the consequences of deportation. exclusion from admission to the United States. or denial of naturalization pursuant to the laws of the United States. I agree that any commassroner may also hear my case. . I further understand that I have the right to be sentenced by the lodge/commissioner who accepts my plea. but i agree that any nudge or commissioner may impose sentence in this case. I. I understand that on a violation of probation I have a right to a lorrnal hearing and have my attorney present. or if I do not have an attorney. and cannot afford an attorney. the court will appoint an attorney. However. for the purposes of #19;th to an attorney and my right to a formal hearing. -- {1r1. Elg- 'l .53 of; -r Due hen-g? ..- mmaw the? Icendy??m 5! pertury f??l fairi: WW . haveadvisedthis Wiggle referred to above. Deb Worm '3 VOINOHBA autumn ISJOMunooaampu-u! .LUHVHHESE $3 AQWN 193?? AW NI 080938 :50 3113 N0 03 1338800 0m 3031 SI i0 DNILSISNOO SI NOILVOHIRBO HOIHM 01 MHHOOG 3H1 PC ?90710) PG omen MW ENFORCEIENT (SPECIFY) OUTOF no WARRANT ?cannon 5% MAJOR OFFENSE REKEASE DATE JUVENILE DISPOSWDN DATE FRLED (3 monmrna [3 mmcmem 9258 $31.55 a .- .. DISPO DATE NFEOF ADMONISHMENTS AND WAIVERS acre-4mm WAS ammo Ann. nouns? m: um I an tun-mu. mm on 1mm 0 com: rouuo r? war. (Myanmar-31L mm; mm mum caveman: wawrowmsex E. SENTENCE INFORMATION 3 I m1 ON OF PROBATION man?us momma F. CLERK OF THE :cemwv THAT 5 at? NQEQ at: ?3 a1 M??jq?fl UCHEDANDRELEASED to omen {m 1 203ch LEUOFFKM El DEFILED CASE 139-50qu Cl com? 0 CONSOUDATED FILE NO [3m Dawn: CHARGES AND ENHARCEMENTS AT DISPOSITION ERM 1D THEM. BY av We'll EGE SELF YO CUM AND CROSS am VMNESSES . HARGES ?10 am?? 0? Pl FA F?Dl-l?? NEWESENTFD 8V LOUNSEL Wu mm ma ?u cams. a? WE?Mm-?ka??! (EHES: ow Pram:- MTAGM m1 1? new VGEOHVS 'El VOINOHHA am] 8102 l] 7 WP OuupJewaa ues ?0 Munoo an 10; pue up 'alwomag ;o azets am 10 mag :ouadns am :0 mass 183L131 31H N0 3H1 3C 1338303 3031 THE $0 SI NOUVOHIIHHC HDIHM 01 3H1 3 . SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO BARSTOW DISTRICT MINUTE ORDER CASE NO: FBA007265 DATE: 05/28/03 CASE TITLE: PEOPLE OF THE STATE OF CALIFORNIA VS. MATTHEW JOSEPH MENARD CHARGES: 2F 496(k) PC-F JUDGE JAMES DORE Clerk SIMPSON Reporter MATHES Deputy District Attorney STEVE SINFIELD present. Deputy Public Defender JOHN SULLIVAN present Defendant present in custody. Probation Officer BOCKMAN present. PROCEEDINGS Court has read and considered Probation Officer's Report. People wish to retain plea agreement. Formal arraignment for Pronouncement of Judgment is waived: no legal cause why Judgment should not now be pronounced. PROBATION GRANTED For all charges. Supervised probation granted for a period of 36 months on following Terms and Conditions: THAT THE DEFENDANT SHALL: 01) Serve 270 days in a San Bernardino County Jail facility. with credit for time served. a matter of 40 days. plus conduct credit pursuant to PC4019 and abide by all rules and regulations of the facility without the possibility of county parole. (40 actual plus 20 conduct days) 02) Violate no law. 03) Report to the Prob officer in person immediately upon release from custody and thereafter once every fourteen (14) days or as directed. O4) Cooperate with the probation officer in a plan of rehabilitation and follow all reasonable directives of the probation officer. 05) Seek and maintain gainful employment, or attend school, and keep the probation officer informed of status of employment, or school. 06) Not leave the State of California without first obtaining written permission of the probation officer. 07) Keep the probation officer informed of place of residence, I ?If I- - II I?llIlIr-II- Ed I I J- liIlh-r-I- I [I'll-Ii-Fll I'm-u I'E-B-uu'm- cohabitants an ts. and give written net to the probation officer twenty ur (24) 5/28/03 Page: 2 Case Number FBA007265 People MENARD 33:32:23: n?ua?ua?u hours prior to any changes. Prior to any move provide written authorization to the Post Office to forward mail to the new address. 08) Neither possess nor have under your control any dangerous or deadly weapons or explosive devices or materials to make explosive devices. 09) Submit to a search and seizure of your person. residence and/or property under your control at any time of the day or night by any law-enforcement officer. with or without a search warrant, and with or without cause (People Bravo). 10) Neither use nor possess any controlled substance without medical prescription. A physicians's written notice is to be given to the probation officer. 11) Submit to a controlled substance test at direction of probation officer. Each test is subject to an $11.00 fee, to be collected by Central Collections 12) Not possess any type of drug paraphernalia. as defined in 13) Participate in a counseling program as directed by the probation officer. submit proof of attendance and/or successful completion to the probation officer as directed and be responsible for payment of all program fee(s). 14) Not associate with known convicted felons or anyone actively engaged in criminal activity except JEFFERSON JOHNSON. 15) Pay a restitution fine in the amount of $220.00. includes a ten percent processing fee of $20.00. Payable at the rate of $10.00 per month. The total amount less the processing fee to be remitted to the State Restitution Fund through Central Collections. first payment due 90 days from release from custody. 16) Not knowingly have any contact with the victim - VICTIM Not knowingly be within 100 yards of the victim's home or place of employment. Defendant accepts probation and is given a copy of the Terms and Conditions. Pursuant to Section 13350, Vehicle Code. the Court finds a motor vehicle was seed in the commission of the offense. Court finds :efendant is NOT able to reimburse the County for attorney fees. Pay $152.32 for presentence investigation costs pursuant to 1213.: P: through Central Collections. Costs are payable at the rate of $10.00 per month commencing 120 days after release from custody and thereafter until paid in full. Court finds that the defendant is NOT liable for payment of booking fees. Pay $15.00 per month through Central Collections for probation ILI .. Ill - 1-. I I all-.II- II PHI-I -.I II L-I-I-II nI I II .IMI-HIMI -- .rLqu-i . r-_I supervision (1203..PC) payable PAYMENT 90days 0 5/28/03 Page: 3 Case Number FBA007265 People vs. MATTHEW HENARD m=888883338333x_z from RELEASE FROM CUSTOD notification form given to defendant CUSTODY STATUS Case custody - Probation. Commitment issued. MINUTE ORDER END MONTHS ZIHT H?ir?lw 0T VI MUGOU 3! A2 10 DHT ATTAZ iA?iDl?O 3M 133519 (MAJ HT 3 11 MRI 3541 USA mmomsa $6332 at31913 mamas r168 wmuoO on! 10? lane ru also 5:8 {mo 0 - VGEOHVS '3 VOINOHEA 8102 ouImewaa was :0 mums an we u! ?uwoum :0 was an: :0 unoo means am so was .LCIHVHHEIEIB so AOWN AW NI 030338 .1338303 (WV Si 15139? 30 SI NOLWOHLIUHU SIHJ. HOIHM 01 1N3W0300 3H1 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERRARDINO mm DISTRICT MINUTE ORDER CASE NO: FBA007265 DATE: 05/01/03 CASE TITLE: PEOPLE OF THE sggre OF CALIFORNIA JOSEPH man CHARGES: 2) PC-F Clerk MAUK rter MEDINA u: gist ict Attorney? KATHLEEN DIDONASO resent. Ml Defender om MIVAN preaen gt present in custody. at of pm my new The curt aftern readvisement of each 0 use rights, tim that 1the bet We eretands the cm . the saih gem1e3.1r agai net aelt? incf mine} on.? co ront and as Wexam ne witn sees. to ac E?tr al to Jury tr al, to dan attorne Eh ubt atan the groceedg n9 3 and tot ePugl end era ent and to the ompul sory process ofe the court to em guesses. INFORMATION De endant withdraws (olea of NOT GUILTY and enters a plea of GUILTY as to Count( 3 Declaration defendant and Court re: Findin fre 912? at Guilt ty under C859a (Declaration by Defendant form Court finds compliance with Boykin and Tahl rules. EFERRAL Defendant ap pglies for Probation. Referged to robation Office for presentence investigation and repor On Motion of PEOPLE Count 5) 1 3 4 DISMISSED subject to reinstatement if plea with rawn or rejected at any later date. PC .u u. . its: ..1 I: .1. .lIIu??i- Ila! inn?.4 .. . 2 Hana. .. . uh?lu?ulu .1 .1.I.. . .1 .4 Av! Oman ?Ea. a, .3 is? a Eyuu?mxf "2 a: mu 3 a EH: .monauo: 00.3 cowumnoum no man an - unso undo madam reams m: H60 :0 Manual on mono?who ugcowoa .vn unusuusmon ca onuo us can a~\mo n?uuoumummuam wm ugnunm unsou uoHuvmbm 0? 6339.30 on nag?anon unouuo goo mag madam: suspag: mmnpooaum nonauz ougu VGEOHVS Mm 0130 In! Wt OUIDJEUJBQ ues ;o Ammo am 10; pua u! 'erwomeo so ems 81:: was Jouadns mu we SO AONVN LEO AW NI 080338 i0 ONV 31H N0 3H1 A 031333800 (NV 303]. '11ns SI SI HOIHM 01 3H1 SUPERIOR gilT OF CALIFORNIA. COUNTY 8 SAN SWING BARSTOW DISTRICT MINUTE ORDER CASE NO: PBA007265 DATE: 04/22/03 CASE TITLE: PEOPLE OF THE STATE OF CALIFORNIA VB. MATTHEW JOSEPH CHARGES: 1) 459 PC-F. 2) PC-F. 3) PC-F, 4) 12090 PC-F cusses Clerk 3 HAMBLET Defendant IN custody, present in County Jail (via video) PROCEEDINGS Defendant is advised of Constitutional and Statutory Rights. (as attached and incorporated). . Waiver of personal presence acknowledgement of advisal of Constitutional Rights via 2-way electronic audio system filed. Defendant Arraigned. PLEA INFORMATION Defendant pleads NOT GUILTY to all Counts. ATTORNEY INFORMATION Court appoints Public Defender. HEARINGS Pre-preliminary hearing set for 04/29/2003 at 9:00 in Department B4. Preliminary hearing set on 05/01/2003 at 9:00 in Department B4. Defendant ordered to appear on hearing date. CUSTODY STATUS Case Custody In Custody Bail set at 550000.00. Commitment Issued (Pending) Clerk's office to notify Public Defender. lef??s?o?fice toznotdfy District Attorney. MIME {01111383 EH9- I . FA 12% 54010339100 ?f I Ymm? VGEIOHVS '3 VOINOHHA amz Wm uas go Munoz out 10) pun u; :0 BIEIS 0m 10 WOO MS am 10 101013 1.83131 WNEJIUO 3H1 M03 1333803 CINV 3081 SI :10 SI HSIHM OJ. 1N3W0000 3H1 DEPARTMENT OF JUSTICE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES NATIONAL TRACING CENTER Phone:(800) 788-7133 Fax:(800) 578-7223 Print Date: July 23, 2018 FIREARMS TRACE SUMMARY Trace Number: T20180236503 Request Date: July 12, 2018 Completion Date: July 18, 2018 ROBERT PHILLIPS AZ DEPT. OF PUBLIC SAFETY Manufacturer: SMITH WESSON PO. BOX 6638 Model: SW4OVE PHOENIX, AZ 85005 Caliber: 40 PHONE: (602) 223-2000 Ext: Serial Number: PBY9212 FAX (602) 223-2910 Type: PISTOL Country: UNI STATES Badge No: 6284 Importer: Investigation No: A21800240560 Obliterated' dentifying 0:323:12? NIBINT: Ga?mm RECOVERY INFORMATION Recovery Date: 06/10/2018 . xx Time to Crime: 4748 days 1 I RD BE 85602 - MATTHEW JOSEPH MENARD Purchase Dat . 61 2005 GARY ALLEN EGGERT POB: UNITED STATES 98637876 BEAR MOUNTAIN, INC. POB: OMAHA, NE UNITED STATES 899 SOUTHERN AVE Race: WHITE 39g 6 2 in MESA: Az 85204-0000 1 . . /2 Sex: Male fng/?ht: Phone. gate) 926-7 61 Ship-To-Date. 05/25 005 ID 1: Az LICENSE @708 ID 2: Contact the local ATF of?ce for gigl information. ADMINISTRATIVE INFORMATION SUMMARY OF RESULTS THIS TO A PURCHASER. FOR ANY QUESTIONS, PLEASE CONTACT ATF NATIONAL TRACING CENTER, FIREARMS TRACING BRANCH AT 1-800-788-7133. Additional Remarks: The information in this report must be validated prior to use in any criminal proceedings. Trace: T20180236503 FOR OFFICIAL USE ONLY Page 1 of 1 DEPARTMENT OF JUSTICE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES NATIONAL TRACING CENTER Phone:(800) 788-7133 Fax:(800) 578-7223 Print Date: July 23, 2018 Trace Number: T20180236444 Request Date: July 12, 2018 Completion Date: July 20, 2018 ROBERT PHILLIPS AZ DEPT. OF PUBLIC SAFETY Manufacturer: REMINGTON ARMS PO. BOX 6638 COMPANY, PHOENIX, Az 85005 Model: PHONE: (602) 223-2000 Ext: Caliber: 243 FAX (602) 223-2910 Serial Number: M721135889 Type: RIFLE Badge No: 6284 Country: - Investigation No: A21800238888 Importer: Obliterat (LO ?6>ntifying EM 113%? RECOVERY INFORMATION Recovery Date. 06/10/2018 Time to Crime: 182 RD CA CITY, AZ 85616 MATTHEW JOSEPH MENARD POB: UNITED STATES DEALER INFORMATION FFL: 61600727 REMINGTON ARMS CO INC 14 HOEFLER AVE ILION, NY 13357 Phone: (336) 548-8606 Ship-To-Date: Ext: ADMINISTRATIVE INFORMATION SUMMARY OF RESULTS THE FIREARM BER IS INVALID. PLEASE RE- EXAMINE THIS FIREARM FOR ANY ADDITIONAL MARKINGS AID IN PROPER IDENTIFICATION. IF THE REQUIRED INFORMATION IS LOCATED, YOU MAY SUBMITIKD OPEN REQUEST VIA ETRACE OR ADD THE MISSING INFORMATION TO THIS TRACE RESULTS FORM AX IT TO 1 800? 7223. YOU MAY ALSO SUBMIT DIGITAL PHOTOS OF THIS FIREARM AS AN EMAIL ATTACHMENT TO (PLEASE BE SURE TO REFERENCE THE TRACE ID NUMBER ON ALL EMAIL CORRESPONDENCE). FOR QUESTIONS OR ADDITIONAL ASSISTANCE IN PROPERLY IDENTIFYING THIS FIREARM, PLEASE CONTACT THE ATP NATIONAL TRACIN CENTER BY CALLING 1-800-788-7133 AND REQUESTING EXTENSION 3160 OR DIRECT AT 1-304-616?3160. Additional Remarks: PER SERIALIZATION THE HAS TOO MANY DIGITS. Please use the attached Reopen Request when submitting additional and/or corrected information regarding this trace. The information in this report must be validated prior to use in any criminal proceedings. Trace: T20180236444 Page 1 Of 2 FOR OFFICIAL USE ONLY DEPARTMENT OF JUSTICE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES NATIONAL TRACING CENTER Phone:(800) 788-7133 Fax:(800) 578-7223 Print Date: Jul 23, 2018 REOPEN REQUEST Trace Number:T20180236444 Closeout Date: July 20, 2018 SUBMISSION INFORMATION FIREARM INFORMATION Mail or Fax completed form to: Manufacturer: REMINGTON ARMS National Tracing Center COMPANY 244 Needy Road, Model: Martinsburg, WV 25405-9431 Calibe" 243 Fax: (800) 578-7223 Serial Number: M721135889 1 ROBERT PHILLIPS 1:112:21 STATES AZ DEPT. OF PUBLIC SAFETY OblitcraAed? P.O. BOX 6638 (Mentifying Bk 2 PHOENIX, AZ 85005 (C r> PHONE: (602) 223-2000 Ext: g, @21ng ?ne; FAX (602) 223?2910 <5 Badge No: 6284 - Investigation No: A A RE- AMINE THIS FIREARM FOR ANY ADDITIONAL MARKINGS WHICH MAY AID IN PROPERIID IICE I N. IF THE REQUIRED INFORMATION IS LOCATED, YOU MAY SUBMIT AN TRAE OR ADD THE MISSING INFORMATION TO THIS TRACE RESULTS FORM AND FAX IT TO 1?800? 78:? ALSO SUBMIT DIGITAL PHOTOS OF THIS FIREARM AS Closeout Description: THE FIREARM SERIAL NUMBER IS INVALID AN EMAIL ATTACHMENT TO LEASE BE SURE TO REFERENCE THE TRACE ID NUMBER ON ALL EMAIL CORRESPONDENCE). FOR . ADDITIONAL ASSISTANCE IN PROPERLY IDENTIFYING THIS FIREARM, PLEASE CONTACT THE NA ONAL TRACING CENTER BY CALLING 1 800 788 7133 AND REQUESTING EXTENSION 3160 OR DIRE --304 616 3160. Additional Remarks: PER SERIALIZATION THE HAS TITO DIGITS. Please provide any additionacge information needed to process this trace request in the space below. Trace: T20180236444 Page 2 Of 2 FOR OFFICIAL USE ONLY BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES ROBERT PHILLIPS AZ DEPT. OF PUBLIC SAFETY P.O. BOX 6638 PHOENIX, AZ 85005 PHONE: (602) 223-2000 Ext: FAX (602) 223-2910 Badge No: 6284 Investigation No: AZ1800238888 ADMINISTRATIVE INFORMATION {Fm FIREARMS TRACE SUMMARY Trace Number: T20180236440 DEPARTMENT OF JUSTICE NATIONAL TRACING CENTER Phone:(800) 788-7133 Fax:(800) 578-7223 Print Date: July 23, 2018 Request Date: July 12, 2018 Completion Date: July 20, 2018 FIREARM INFORMATION Manufacturer: REMINGTON ARMS COMPANY, Model: Caliber: 12 Serial Number: U210776 Type: SHOTGUN Country: STATES Importer: ntifying Ems?? .10? RECOVERY INFORMATION Recovery Date: 06/10/2018 Time to Crime: CA CITY, AZ 85616 sor: MATTHEW JOSEPH MENARD UNITED STATES DEALER INFORMATION REMINGTON ARMS CO INC 14 HOEFLER AVE ILION, NY 13357 Phone: (336) 548-8606 Ext: FFL: 61600727 Ship-To-Date: SUMMARY OF RESULTS THIS FIREARM EPRIOR TO THE MARKING AND RECORD-KEEPING REQUIREMENTS OF THE GUN CONTROL ACT OF DITIONAL TRACE INFORMATION MAY NOT BE AVAILABLE. IF A SERIAL NUMBER WAS NOT SUB WITH THIS TRACE, PLEASE RE-EXAMTNE FIREARM FOR SERIAL NUMBER. IF YOU I REQUIRE ASSIS IN IDENTIFYING THIS FIREARM PLEASE CONTACT NATIONAL TRACING CENTER, LAW ENFORCEMENT SUPPORT BRANCH AT 1-800-788-7133. Additional Remarks: The information in this report must be validated prior to use in any criminal proceedings. Trace: T20180236440 FOR OFFICIAL USE ONLY Page 1 of 1 DEPARTMENT OF JUSTICE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES NATIONAL TRACING CENTER Phone:(800) 788-7133 Fax:(800) 578-7223 Print Date: June 25, 2018 TRACE SUMMARY Trace Number: T20180200514 Request Date: June 14, 2018 Completion Date: June 25, 2018 A I A Eus?V? .l . mightE-Esw, aharnsiemv?x ROBERT PHILLIPS AZ DEPT. OF PUBLIC SAFETY Manufacturer: EXCAM PO. BOX 6638 Model: GT27 PHOENIX, AZ 85005 Caliber: 25 PHONE: (602) 223?2000 Ext: Serial Number: MI97374 FAX (602) 223-2910 Type: PISTOL Country: UNI STATES Badge No: 6284 Importer: Investigation N0: AZ1800238888 Obliterated? dentifying ?020 RECOVERY INFORMATION Recovery Date: 06/10/2018 . . Time to Crime 10826 days BE 8 ?rA MATTHEW 01051980 MENARD REMIGIO BALLESTEROS POB: UNITED STATES noa-? PCB: SO MEXICO 0000 Race: HISPANIC ght; 5 ft 5 in Phone: (602) 889-8506 ShIp-To-Datc: 07/12/1988 Sex: Male gight: 155 Ext: ID 1: AZ LICENSE @2 ID 2: Contact the local ATF of?ce fey gi nal information. ADMINISTRATIVE INFORMATION SUMMARY OF RESULTS THIS TO A PURCHASER. FOR ANY QUESTIONS, PLEASE CONTACT ATF NATIONAL TRACING CENTER, FIREARMS TRACING BRANCH AT 1-800-788-7133. Additional Remarks: The information in this report must be validated prior to use in any criminal proceedings. Trace: T20180200514 Page 1 of I FOR OFFICIAL USE ONLY DATE: July 17, 2018 TO: Todd Whittard, #4824 FROM: Detective Michael Valdez, #7625 SUBJECT: FIREARMS EXAMINATION, DPS DR AZ1800240560 FOR: Action Decision Information Signature Mr. Whittard, The following is a list of analysis I’m requesting in regards to evidence collected from an investigation resulting from an officer-involved shooting, which occurred in Benson, Arizona, on 06-10-2018. The shooting involved an Arizona Department of Public Safety Trooper investigated under AZDPS report number AZ1800238888. The investigation led to the discovery of these firearms which were taken as evidence of Misconduct Involving Weapons. I am respectfully requesting the following analysis be completed on the following items: Weapons Function Test: 1. 2. 3. 4. 5. 6. 7. Smith and Wesson SW40VE Pistol, Serial #PBY9212 Remington Model 10 Shotgun, Serial #U210776 Winchester Model 02-22 .22 Caliber Rifle Barrel, (no serial number recorded) Stevens Double Barrel Shotgun 12 gauge, (no serial number recorded) Remington .243 Caliber Rifle, Serial #M72135889 Stevens .410 Gauge Shotgun, (no serial number recorded) Marlin Model 60 .22 Caliber Rifle, Serial #27165387 Please let me know if you have any questions concerning this. Thank you. Detective Michael Valdez, #7625 Arizona Department of Public Safety Criminal Investigations Division Special Investigations Unit mvaldez@azdps.gov Cell: 480-416-9438 ARIZONA DEPARTMENT OF PUBLIC SAFETY VI. PHOTOGRAPHS DR NUMBER: AZ1800238888 See attached photographs. Detective Name Michael Valdez ID No. 7625 Location 31030100 Date 09/19/2018 Supervisor Sgt. Robert Phillips, #6284 Page 1 of 1 ARIZONA DEPARTMENT OF PUBLIC SAFETY SCIENTIFIC EXAMINATION REPORT DR NO. AZ1800238888 Page 1 of 2 AGENCY Arizona Department of Public Safety AGENCY NO. AZ1800238888 OFFICER VALDEZ, #7625 DATE September 17, 2018 NAME(S) MENARD, MATTHEW J. *0A08D58G0D9HOK* *0A08D58G0D9HOK* EXAMINATION REQUESTED Firearm Exam ITEMS RJO2. One (1) semiautomatic pistol, FNH USA, model FNS-40, 40 S&W caliber, serial number GKU0121801 with an attached Streamlight flashlight. RJO4. One (1) semiautomatic pistol, FNH USA, model FNS-9, 9mm Luger caliber, serial number GKU0139346 with an attached Streamlight flashlight. RO8. One (1) semiautomatic pistol, EXCAM, model GT27, 25 ACP caliber, serial number MI97374, with related magazine and holster. RESULTS / INTERPRETATIONS Item RO8 was function examined and test fired using two factory/reference cartridges and the supplied magazine. No malfunctions were identified. Test fired cartridge cases from Item RO8 were designated Item CRCL18 and retained in the laboratory. No further examination of the related holster. Item RJO2 was function examined and test fired using two factory/reference cartridges and a reference magazine. Test fired cartridge cases from Item RJO2 were designated Item CRCL16 and retained in the laboratory. The related flashlight functions. Item RJO4 was function examined and test fired using two factory/reference cartridges and a reference magazine. Test fired cartridge cases from Item RJO4 were designated Item CRCL17 and retained in the laboratory. The related flashlight functions. EVAN THOMPSON, #7134, FORENSIC SCIENTIST Central Regional Crime Laboratory 2102 W. Encanto Blvd., Phoenix, AZ 85009 (602) 223-2394 Accredited by the ANSI-ASQ National Accreditation Board (ANAB) to International Standards Any notes, photographs, charts, or graphs generated during the examination are retained in the laboratory . Unless otherwise denoted, all evidence will be returned to the submitting agency. ARIZONA DEPARTMENT OF PUBLIC SAFETY SCIENTIFIC EXAMINATION REPORT DR NO. AZ1800238888 Page 2 of 2 Two malfunctions were identified for both Item RJO2 and Item RJO4. #1 If the chamber is loaded and the muzzle of the firearm pressed against a hard object, this will cause the slide to be pushed back out of battery. If the trigger is pulled fully to the rear and the slide allowed to go back into battery, the striker will fire the cartridge. #2 If the chamber is loaded and the muzzle of the firearm pressed against a hard object this will cause the slide to be pushed back out of battery. If the trigger is pulled, released, and the slide is allowed to go back into battery, the striker will fire the cartridge if the back of the slide is struck. EVAN THOMPSON, #7134, FORENSIC SCIENTIST Central Regional Crime Laboratory 2102 W. Encanto Blvd., Phoenix, AZ 85009 (602) 223-2394 Accredited by the ANSI-ASQ National Accreditation Board (ANAB) to International Standards Any notes, photographs, charts, or graphs generated during the examination are retained in the laboratory . Unless otherwise denoted, all evidence will be returned to the submitting agency.