San Francisco Police Department Internal Affairs Division Investigation Case Number: OIS #11-006 SFPD 110796498 000001 San Francisco Police Department To: From: Lieutenant Robert Yick #1264 Commanding Officer Internal Affairs Division APPROVED Monday, December 02, 2013 Subject: Officer-Involved Shooting #11-006 MEMBERS: Officer William Heppler #1726 Richmond Station - Plainclothes NO Lt. Raifick #126 Sergeant Timothy Paine #763 Internal Affairs Division Date: YES . iz 6/0 „Captain Christoph *sk Management Eiffict A &- Deputy litm TotIkac "C-Chie of Staff TYPE OF INVESTIGATION: Administrative: Officer-Involved Shooting CASE NUMBER: MCD-OIS #11-006 DATE, TIME, AND PLACE OF OCCURRENCE: Monday, October 3, 2011 0724 Hours Funston Avenue INVESTIGATORS: Sergeant Michael Nevin #166 Sergeant Martha Juarez #1800 INCIDENT: On Monday October 3, 2011 at 0719 hours numerous Richmond District units responded to Funston Ave on a report of a stabbing. On arrival at the front of the residence officers contacted an injured and bloody who stated was cut by , said was still in the residence. Officers gathered on the stairwell with an ERIW shotgun and attempted entry into the residence. They immediately noticed an and bloodied unresponsive and face down in the hallway. Officer Troy Carrasco attempted an emergency evacuation and rescue of During the rescue, entered the hallway holding two knives. raised the knives over head and charged the assembled officers. Officer Kevin !son discharged an ERIW beanbag round and Officer William Heppler discharged pistol at SFPD 110796498 000002 Internal Affairs Division — OIS 11-006 FOCUS OF INVESTIGATION: Did Officer William Heppler #1726 discharge his Department-issued firearm in accordance with Department policy and procedure? IDENTIFIED/INVOLVED PARTIES: Member: Officer William Heppler #1726 Richmond Station Plainclothes Unit (3G35) Suspect: Deceased Witnesses: Officer Jason Hernandez #1608 Richmond Station (3G1A) Officer Kevin lson #176 Richmond Station (3G28) Officer Troy Carrasco #1599 Richmond Station (3G35) Officer Joe Filamor #213 Richmond Station (3G4A) Sergeant Lawrence Gray #1304 Richmond Station (3G104) San Francisco Police Department I 2 SFPD 110796498 000003 Internal Affairs Division — OIS 11-006 INVESTIGATIVE CHRONOLOGY: Refer to Attachment A INVESTIGATIVE FINDINGS: Incident Overview The following details were taken from dispatch recordings, the initial incident report, and interviews supplied by the officers to the Homicide Detail and Internal Affairs Division investigators. On Monday, October 3, 2011 at 0716 hours, Dispatch began receiving phone calls regarding a stabbing at Funston Avenue in the Richmond District. An "A" priority call for service was dispatched and numerous units began to respond. Neighbors called 9-1-1 to report that a resident at Funston Avenue, was bleeding from hands. was outside of residence with the knife that was used in the assault against . It was reported that was the suspect in the assault and was still inside the residence. Officer Robert Wong #2005, 3G3A, was the first to arrive at the location, and he arrived at the same time as the medics. Officer Wong noticed that was holding right hand in a towel dripping with blood. Officer Wong also noticed that a knife was inside a planter box in front of and Funston Avenue. A large amount of blood was visible on the sidewalk. Officer Wong asked if had any mental issues and answered in the affirmative. While Officer Wong was receiving information other responding officers made arrangements to enter the premise to protect others still in the apartment. Officer Jason Hernenadez #1608, 3G1A, was first in line followed by Officer Kevin lson #176, 3G28, armed with the Extended Range Impact Weapon (ERIW — less lethal shotgun), and then plainclothes officers Troy Carrasco #1599 and William Heppler #1726, 3G35. Bringing up the rear were Officer Joe Filamor #213, 3G4A, and Sergeant Lawrence Gray #1304, 3G104. The officers entered the residence.repeatedly announcing themselves and demanding the suspect exit. Officers entered the residence and went up an interior stairway which they noted had blood all over the entryway and the hand railing. Once the officers reached the top of the stairs Officers Hernandez and lson turned right to clear and check the front rooms of the house. Officers Carrasco and Heppler held at the top of the stairs to offer cover protection down the hallway towards the back of the house. However, they immediately noticed the bloody body of a laying face down in the hallway in front of them. Officers Carrasco and Heppler made repeated announcements for the suspect to come out and to their surprise they saw an exit a room down the hallway and immediately cross and enter into another room. Officer Carrasco noted the victim in front of them was not moving but appeared to be gurgling. Officer Carrasco decided to attempt an emergency rescue of this second victim. He holstered his firearm and told Officer Heppler to cover him. While Officer Heppler maintained cover down the hall, Officer Carrasco tried to pull the victim to safety by ankles. San Francisco Police Department I 3 SFPD 110796498 000004 Internal Affairs Division — OIS 11-006 By this time Officers Hernandez and lson had cleared the front living room and made their way into another room that had a second entry back into the hallway where Officer Heppler and Carrasco were now positioned. Officer Heppler was yelling for the to exit the room entered when an ( suddenly exited another room into the hallway holding a knife in right hand with a glazed look in eyes. Officer Heppler realized this was likely the stabbing suspect and feared for their safety, especially since he knew that Officer Carrasco had holstered his weapon to rescue this second victim. Officer Heppler began yelling to drop the knife but advanced on . Officer Carrasco heard Officer Heppler begin yelling "drop the knife" and when he looked up he saw advancing on them with both hands raised at shoulder height with hands balled into fists. Officer Carrasco let go of the second victim to draw his firearm while Officer Heppler began backing in the hallway away from towards the front of the house. From their position in the second room Officer Hernandez heard "drop the knife" yelling in the hallway. Officer !son stepped in front of Officer Hernandez but Officer Hernandez could see a rush towards Officer Heppler. Officer !son also heard Officer Heppler screaming "show me your hands, drop the knife". When Officer lson looked in the hallway he saw Officer Heppler backing up while pointing his gun. Officer lson saw advancing on Officer Heppler holding a raised knife in left hand. Officer !son, fearing for Officer Heppler, fired one ERIW round towards the upper torso of At approximately the same moment Officer Heppler, fearing for life and the lives of the other officers on scene fired at immediately dropped face down. Officer Filamor witnessed advance on Officer Heppler with a crazed blank look in eyes and was holding at least one knife in hands. Officer Filamor said he would have fired but that Officer Heppler was in front of his position so he held. Officer Carrasco retrieved the unconscious victim in the hallway and carried to waiting medics. The second victim was identified as of and of Once Officer Heppler fired and dropped, Officer Filamor and Officer lson secured and the two knives was holding. They were then joined by Officer Karen Ferretti #1689, 3G5A, and the three officers cleared the residence, eventually taking custody of the last occupant who had barricaded in a bedroom. Paramedics who were already on scene to treat were immediately on scene to treat the rescued and the shot was transported to SFGH with numerous stab wounds to head, neck, and upper body. died from wounds at SFGH. was transported to SFGH with stab and gunshot wounds where was later pronounced deceased. The fourth occupant, the barricaded was later identified as , sister to Dispatch Records Certified copies of the Computer Aided Dispatch (CAD) records and the certified audio recordings were obtained from the Department of Emergency Management (DEM). The following noteworthy broadcasts provide a sequence of events and approximate timeframe for the incident. San Francisco Police Department I 4 SFPD 110796498 000005 Internal Affairs Division — OIS 11-006 DEM broadcast of "A" priority 219 (stabbing) at Funston. " 07:19:12 is bleeding from the hand. Suspect is the " Numerous Richmond units begin response. Dispatch further advises, "Language still inside the house." barrier. The Dispatch further: wearing pajamas; steak knife was used. • 07:20:40 Dispatch further: has the knife and is outside. • 07:21:00 3G3A (Officer Wong) is on scene with medics • 07:21:20 3G3A advises Code 4; he is on scene with medics • 07:21:40 3G1A (Officer Hernandez) is on scene • 07:22:00 3G3A advises that is inside and may have another knife • 07:22:20 and he is going to make entry 3G1A advises that they are going to standby until E.R.I.W. is on • 07:22:40 scene. 3G28 (Officer lson) advises that he is on scene with E.R.I.W. 3G1A asked for "Code 33" on A8 • 07:23:20 3G35 (Officer Carrasco and Officer Heppler): "Come out with your • 07:24:20 hands up. Got one on the ground now. Looks to be year-old " 3G35 "Shots fired, one down!" Immediate request for medics. • 07:24:45 3G104 (Sgt. Gray) asked for 2 medic units. 3G201 (Lt. Lee) advises that he is en route • 07:25:40 • *Time from "Code 33" to broadcast of "Shots fired" = 85 seconds Suspect: Date of Birth: CDL: that has no San Francisco, California, or national arrest history. had a health history. commentary states SF Medical Examiner's Report #2011-1002 states that was admitted t from as During stay was assaultive and relayed that was aggressive and a serious threat to members. Of concern were household knives that were available to was listed as nd the treating staff was afraid that was going to harm someone. The ME report from H records states that had an l and the treatment involved . IAD Statements San Francisco Police Department I 5 SFPD 110796498 000006 Internal Affairs Division — OIS 11-006 Officer William Heppler On November 1, 2011 at 1345 hours, Sergeant Martha Juarez #1800 and Kathryn Waaland #1361 conducted a recorded interview with Officer Heppler in the IAD interview room. Officer Heppler had provided a voluntary statement to Homicide inspectors on the day of the incident. On the date of his IAD interview, Officer Heppler was represented by POA Attorney Christopher Shea. Officer Heppler provided a compelled statement to IAD. Officer Heppler's statement to IAD was consistent with what he had previously supplied to homicide. Officer Heppler responded to Funston Ave on the report of a stabbing. He was working as a plainclothes unit with his partner, Officer Troy Carrasco. They responded to Funston Ave along with other Richmond Station units on the report of a stabbing. On their arrival they saw marked units on scene along with SFFD paramedics treating an victim. Officer Heppler said they met in the front entry of the building which had a stairway leading up to the flat of the involved residence. Officer Heppler said there was a brief delay until they felt there were enough on-scene units to make entry to search for more victims and the suspect. The officers briefly discussed the strategy. Officer Heppler said he saw a lot blood in the entryway and more all along the railing leading up to the flat. He remembered thinking "this is bad". The responding officers formed that included Officer Hernandez in front, followed by Officer lson who was deployed with a lesslethal shotgun (ERIW). Officer Carrasco was behind Officer !son followed by Officer Heppler, Sergeant Gray, and one or two other officers that Officer Heppler could not remember. The officers moved upstairs announcing their presence as they entered. Officer Heppler had his firearm out and directed left down the hallway to offer cover towards the back of the house. Officers Heppler and Carrasco immediately noticed a bloody and unresponsive elderly laying face down in the hallway. Officer Carrasco told Officer Heppler to cover him as Officer Carrasco was going to holster his weapon and attempt a rescue of this victim. At this time Officer Heppler noticed a exit from a door down the hallway and disappear into another room or door across the hall. He said he was shocked at this sight and thought that maybe this was the suspect. Officer Carrasco attempted to pull the second victim from the hallway to the stairs when Officer Heppler was suddenly confronted by an who exited a door from the left side of the hallway. Officer Heppler said the was maybe 5 to 7 feet away and "real close". Officer Heppler said he was startled and noted that the was holding a red-handled knife in right hand. Officer Heppler jumped back and began yelling "drop the knife". The suspect then raised both hands as fists above shoulder and began to advance on Officer Heppler. Officer Heppler described the suspect as "having dead eyes" and "vacant eyes". He said that the suspect had a look as if Officer Heppler's commands were not registering. Officer Heppler said he was afraid and feared for his life. He remembered thinking "don't make me do this" because he did not want to have to shoot anybody. The suspect advanced on Officer Heppler as he back pedaled. Officer Heppler said he felt like he had no other choice so he fired his weapon and the suspect immediately dropped face down. Officer Heppler said he then remembers Sergeant Gray telling him to holster his weapon and breathe before Officer Carrasco escorted him out of the premise. San Francisco Police Department I 6 SFPD 110796498 000007 Internal Affairs Division — OIS 11-006 Crime Scene Investigations Crime Scene Investigations responded to the scene. Officer Pubill #1284, Officer Comes #911, Officer Cole #1229, and CPSA Zuercher-Valdespino #4698 processed and collected evidence. Among the items collected and processed were a bloody knife from the planter box at the exterior of the residence, two knives together from the interior hallway, the casing from a discharged ERIW beanbag round, and a single .40 shell casing. CSI also collected numerous business cards from the , listing various appointment dates. Officer Heppler's Department issued Sig Sauer P229, .40 pistol was retrieved and examined. The pistol was found to be loaded and chambered with one round and an additional ten rounds in the magazine. Homicide investigators led by Sergeant Warnke #1397 and Braconi #2246 arrived on scene and took control of the criminal investigation. Sergeant Nevin #166 and Sergeant Waaland #1361 from the Internal Affairs Division/OfficerInvolved Shooting team also responded to the scene. Medical Examiner's Report This investigation consists of two medical examiner's reports. Case #2011-1001 details the death of of Suspect cause of death was listed as a homicide as a result of more than thirty (30+) stab wounds to the head, neck, upper torso, and upper extremities. also suffered additional blunt force injuries and trauma. Medical Examiner report #2011-1002 details the death of cause of death was listed as a homicide as a result of two gunshot wounds to the torso, five (5) stab wounds to the torso, and included multiple incised wounds to left hand and arm. As stated above, the report also includes notes on health history listing a diagnosis of . Investigation by Homicide Detail Upon notification of the Officer Involved Shooting, the Homicide Detail of the San Francisco Police Department initiated a criminal investigation into the incident. The investigation was led by Sergeant Scott Warnke. Sergeant Warnke's investigative summary report was obtained and reviewed as part of this administrative investigation. Sergeant Warnke and Sergeant Braconi conducted a voluntary interview with Officer Heppler who was assisted by POA Attorney Chris Shea. Homicide investigators also interviewed all other witness officers which are the basis for the incident summary above. It should be noted that there were no inconsistent accounts of the incident from either testimony or forensic evidence. Of note from the interviews are the officers' accounts of holding a knife. Officer Heppler saw holding a knife raised in right hand. Officer 'son, who was positioned at San Francisco Police Department I 7 SFPD 110796498 000008 Internal Affairs Division — OIS 11-006 left side, saw holding a knife raised in his hand. Officer Filamor told Homicide investigators that he saw at least one knife in hands while Officer Carrasco observed fists elevated to about shoulder height. Two knives were recovered together at the location where fell which would indicate that despite each officer having a different perspective, was actually holding a knife raised in each hand when was shot. In addition to interviewing neighbors, Homicide investigators spoke with Doctor told them that was diagnosed as approximatel was currently being treated at the Health Clinic. who y and told investigators that on the night of the incident heard talking nonsense at approximately 2am. told to go back to sleep before going back to sleep At approximately 7am came out of the bathroom and found holding a knife in hand. struggled with to take the knife from and was stabbed/cut in the process. After taking the knife away fled downstairs to get help. Ballistics examination tests were conducted on the one .40 shell casing recovered from the scene as well as the one bullet recovered by the Medical Examiner from body. Both were shown to have been fired from Officer Heppler's pistol. Findings of the Office of the District Attorney The Office of the District Attorney initiated an investigation of this incident on October 3, 2011. The investigative findings of the Homicide Detail were reviewed by the Office of the District Attorney, as well as the findings of their own investigation, for consideration of any possible criminal charges. On August 20, 2013, District Attorney George Gascon issued a letter summarizing the findings of his investigative review of the criminal investigation and relevant law. His summary letter concludes as follows: The facts in the present case indicate Officer Heppler fired his weapon at from a distance of about 5 to 7 feet as ignored Officer• Heppler's commands to "Drop the knife" and continued to move directly towards Officer Heppler with two knives held outward. Officer Heppler was aware at the time that Officer Carrasco was approximately two feet to his left, trying to move down the stairs. He also knew that said attacked with a knife, and he had reason to believe that was responsible for grave injuries. It was reasonable for Officer Heppler to fire at to protect himself, the other officers and It is our conclusion that Officer Heppler acted lawfully. San Francisco Police Department I 8 SFPD 110796498 000009 Internal Affairs Division — OIS 11-006 CONCLUSION: Did Officer William Heppler discharge his Department issued Firearm in accordance with Department policy and procedure? The following statute and Department General Order provisions should be considered in the evaluation of this investigation. Penal Code Section 835a Any peace officer who has reasonable cause to believe that a person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. General Order 5.01, Use of Force D. Categories of Force to Employ (In ascending order of gravity) 1. When the use of force is necessary and appropriate, officers shall, to the extent possible, utilize an escalating scale of options and not employ more forceful measures unless it is determined that a lower level of force would not be adequate, or such a level of force is attempted and actually found to be inadequate. The scale of options, in order of increasing severity, is set forth below: a.Verbal Persuasion b.Physical Control c.Liquid Chemical Agent (Mace/Oleoresin Capsicum) d. Carotid Restraint e.Department Issued Baton f. Firearm 2. It is not the intent of the order to require officers to try each of the options before escalating to the next. Clearly, good judgment and the circumstances of each situation will dictate the level at which an officer will start. Officers using any type of force are accountable for its use. F. Circumstances Justifying the Use of Force 1. Officers may use force in the performance of their duties in the following circumstances: a.To prevent the commission of a public offense. b.To prevent a person from injuring himself/herself c. To effect the lawful arrest/detention of persons resisting or attempting to evade that arrest/detention. San Francisco Police Department I 9 SFPD 110796498 000010 Internal Affairs Division — OIS 11-006 d. In self defense or in the defense of another person. General Order 5.02, Use of Firearms (dated 3/16/11) C. Discharge of Firearms 1. PERMISSIBLE CIRCUMSTANCES. Except as limited by Sections 0.4 and 0.5, an officer may discharge a firearm in any of the following circumstances: a. In self-defense when the officer has reasonable cause to believe that he or she is in imminent danger of death or serious bodily injury. b. In defense of another person when the officer has reasonable cause to believe that the person is in imminent danger of death or serious bodily injury. However, an officer may not discharge a firearm at a person who presents a danger to him or herself, and there is no reasonable cause to believe that the person poses an imminent danger of death or serious bodily injury to the officer or any other person. c. To apprehend a person when both of the following circumstances exist: (1) The officer has reasonable cause to believe that the person has committed or has attempted to commit a violent felony involving the use or threatened use of force; AND (2) The officer has reasonable cause to believe that a substantial risk exists that the person will cause death or serious bodily injury to officers or others if the person's apprehension is delayed. d. To kill a dangerous animal. To kill an animal that is so badly injured that humanity requires its removal from further suffering where other alternatives are impractical and the owner, if present, gives permission. e. To signal for help for an urgent purpose when no other reasonable means can be used. 2. VERBAL WARNING. If feasible, and if doing so would not increase the danger to the officer or others, an officer shall give a verbal warning to submit to the authority of the officer before discharging a firearm. The findings of this investigation establish a preponderance of evidence that Officer William Heppler discharged his weapon in accordance within the guidelines of Department General Orders 5.01 and 5.02. Richmond Station officers were dispatched to an 'A' priority stabbing. Upon their arrival they located an elderly bleeding profusely from the hands, who stated that was stabbed by who was still in the residence. Several officers and a sergeant initiated a tactical San Francisco Police Department 110 SFPD 110796498 000011 Internal Affairs Division — OIS 11-006 response to enter the residence to render aid to other possible victims. As part of this entry they included Officer Kevin lson who was armed with a less lethal ERIW. Officer lson and Officer Jason Hernandez moved to clear the front of the residence while Officer Heppler and Officer Troy Carrasco provided cover down the hallway towards the rear of the residence. These two officers noted a gravely wounded elderly bleeding in the hallway. At great risk to themselves Officer Carrasco holstered his weapon in an attempt to rescue this second victim. At this time exited a room into the hallway just feet from Officer Carrasco and Officer Heppler. Officer Heppler backed away from issuing commands to drop the knives that was holding raised and advancing. Officer !son, in an adjacent room, heard Officer Heppler's commands and saw the advancing . Officer lson fearing that was going to stab his fellow officers fired one ERIW beanbag round at Officer Heppler noted that had a glazed look in eyes and received no compliance to orders. Officer Heppler had no more room to retreat and fearing an imminent attack on himself or his partner fired two rounds from his Department issued firearm at fell immediately. Officer Heppler stated that he fired his weapon because he was in fear for his life. He said he was afraid and startled at advance. Officer Heppler said he did not want to shoot anybody and that he would have been happy if had dropped knives. Officer Heppler also feared for the safety of Officer Carrasco who was unarmed as he tried to rescue Based on the preponderance of evidence Officer William Heppler #1726 fired his weapon in compliance with conditions set forth in Department General Order 5.01, Use of Force, Subsections I.F.1.c and I.F.1.d and in Department General Order 5.02, Use of Firearms, Subsections I.C.1.a, I.C.1.b, and I.C.1.c. Based on the above findings it is recommended that Officer William Heppler's discharge of his Department issued firearm on October 3, 2011 be deemed In Policy and Proper Conduct. San Francisco Police Department I 11 SFPD 110796498 000012 Internal Affairs Division — OIS 11-006 Recommendation: It is recommended that this case be forwarded to the Firearms Discharge Review Board per Department General Order 8.11. Prepared By: Sergeant Tim Date Approved By: y Paine #763 Lieuten Robert Yick #1264 Date San Francisco Police Department 112 SFPD 110796498 000013 Internal Affairs Division CHRONOLOGICAL RECORD OF INVESTIGATION W CASE # OIS 11-006 DATE IAD ASSIGNED same DATE 10/03/11 DATE DEPARTMENT NOTIFIED (3304) same SERGEANT ASSIGNED DATE OF INCIDENT 10/03/11 DETAIL I.A.D. Sergeant Michael Nevin #166 ACTIVITY TIME 0800 Received call from Insp. Tomioka regarding an OIS in the Richmond District 0830 Spoke to Lt. Yick and began response from home on H day 0930 Arrived at scene and met with Lt. Yick, Insp. Tomioka, and Sgt. Waalanci. Did walkthru with Lt. Sainez (Homicide) and MC. Cole (CS I). 3G35 Officer Carrasco #1599 and Officer Heppler#1726 working together. Heppler vvas the single shooter. Officer Ison #176, working alone as 3G28, used ERIW. Numerous Richmond Station officers (and sergeant) involved in the incident. Learned that both suspect and victim 802 at SFGH 1155 Sent DEM recording request via fax 1200 Responded to Homicide Detail regarding involved officer interviews. 'Me following officers were interviewed: Sgt. Gray, Officers Heppler, Carrasco, Ison, Wong, Filamor. Hernandez, and Ferretti Sgt Gray hired Officer Heppler hired Officer Carrasco hired Officer lson hired Officer 1 fernandez hired Officer Filamor hired Spoke to Ofe. Heppler ) regarding Force Options and Range. Will schedule administrative interview at later date. Reviewed DEM recording of both 911 calls and officer/dispatch communications to create timeline. 'Spoke to Warlike at Homicide ). Medical Examiner report to be done by early next week. CSI preliminary report to be done by Officer Gomes. Per Warnke, QALL, revealed no records on suspect. Ordered photos 10/04/11 1300 10/05/11 0830 0945 1015 1100 1220 1300 PAGE 1 SFPD 110796498 Met with Lt. McFadden and Officer Gomes (CSI). Officer Ileppler's firearm hd 11 total rounds in the gun = 2 shots fired (if topped off) Received message from Sgt. Warnke who contacted POA Attorney Shea to inquire if Officer ' Heppler was topped off since one casing has not yet been located at scene. Medical Examiner report not expected due till 10/11 Sgt. Warnke called and told me that Ofc. Heppler did "top off' his firearm SVPD 298 000014 Internal Affairs Division CHRONOLOGICAL RECORD OF INVESTIGATION IAD-OIS 11-006 3304 DATE DATE 10/3/2011 — 10/24 10/24 DATE DEPARTMENT NOTIFIED October 3, 2011 SERGEANT ASSIGNED Sgt. Martha Juarez DATE OF INCIDENT October 3, 2011 DETAIL ACTIVITY TIME 0800 Notified of this case via phone by Sgt. Waaland. Currently o 0600 Rec'd case file from Sgt. Nevin. OIS 11-006 occurred on 10/3/2011. I was informed regarding this case on the above date but was 1300 Conducted full records check/ CII/NCIC/QALL on subject. Case file placed in order Called Officer Heppler to make arrangements for IA interview/ He's currently He will notify Attorney Chris Shea Rec'd call from Chris Shea/ IA interview set for 11/1/11 @ 1330hrs 1430 10/25 1502 0800 1000 Informed Officer Heppler of my work and cell contact nos and work hrs. Informed him of interview also. Rec'd all files related to this case from Sgt. Nevin and Tomioka 10/27 1500 11/1 1330 97 at CSI- was given draft copy of CSI report 97 at Photo lab and requested Medical Examiners photos• 97 at Homicide and met w/Sgt. Warnke (3 to get f/u information on case/ sustained 34 cuts /fatal blow to head/ Susp had 6 -7 stab wounds to self on chest and wrist, appears to be self inflicted/ was in 418 and stab wounds to left hand. 211d shell casing never located// Warnke requesting transcripts to the Heppler interview!! Per request of Chris Shea, 2 copies (1 to Heppler 1 to Shea) of the homicide interview sent to Co. G and Shea's office Officer Heppler arrived at IAD w/Chris Shea for IA interview. 11/2 0900 Retrieved ME's photos of both vic 1000 Dropped off interview to Star reporting 2/28 and susp Turned case over to Sgt. Simon Kim// , PAGE 1 SFPD 110796498 SFPD 298 000015 Case No. I MANAGEMENT C NTROL DIVISION CASE (2) Day, Date, Time Received . OIS 11-006 (3) How Received • Monday, October 03, 2011, 08:00 hrs. PERSON (4) Complainant (Primary) Last Name First (5) Complainant's Address SFPD LETTER -City Zip City Zip (7) CDL #, D.O.B., SS# (8) Complainant's (Secondary) (9) Complainant's Address (10) Complainant's Home Phone/Business Phone (11) California Driver's License/Identification Card No. (12) Place of Occurrence - Funston Avenue District of Occurrence (13) Day, Date, Time of Occurrence Richmond Monday, October 03, 2011, 07:25 hrs. (15) Type of Misconduct X SFPD (14) In Uniform? 'I YES I NO El UNK. 0 Failure to Appear . Ej ARREST ri BOOKING LI CITATION WRITING CUSTODY . 111 UNNECESSARY FORCE • (16) Activity Being Performed 1:21 ADMIN. INVESTIGATION N INVESTIGATION El OFF-DUTY 0 PATROL UNWARRANTED ACTIONS CONDUCT UNBECOMING AN OFFICER Ell NEGLECT OF DUTY (17) Day, Date Assigned (18) Investigation Assigned To TRAFFIC DIRECTION LII REPORTS SECONDARY EMPLOYMENT (19) Allegation Against • Q-2 PHONE , (6) Complainant's Home Phone/Business Phone (including area code) Civil Svc. Class. I PERSONNEL Person (s) and ID or Star Number (s) Involved LIPROCEDURE TELEPHONE El POLICY Assignment/Unit Involved Officer William Heppler #1726 Richmond Station Remarks: Incident # 110796498 • . _ , SFPD 110796498 Referred by: • 5 Lt. obert Vick #1264 • SFPD 000016 834 6/85) On Monda, Jctober 3, 2011 at approximately 07:25 hours, Officer William Hoppler #1726 and his partner Officer Troy Carrascc, .,1599 were working as 3G35 (plain clothes) when they responded with numerous Richmond units to Funston Avenue regarding a stabbing. Two ictims were located and one died from wounds. Officer Kevin !son #176 responded and was equipped with ERIW. Several officers, who ere accompanied by Sgt. Gray #1304, entered the premise and were confronted by a suspect armed with knives. Officer Ison fired the ER1W and Officer Heppler fired his Department-issued firearm. The suspect died. Per Department policy, an administrative investigation will be conducted. (21) COMPLAINT TAKEN BY Nit /ti„, :1 ;610 - 00 BUR/DIV/DETAIL DATE/HOUR r O/ SFPD 110796498 e-20(2 SFPD 834 6/85) 000017 San Francisco Police Department Employee Multiple Card Report - MCD and MCDO only Personnel Profile: Employee Name: Heppler, William J Star #: 1726 Sex: M Case No Case Type OIS-2011-0006 Officer Involved Shooting 10/3/11 SFPD 110796498 Incident Date Status Closed Allegation Finding Administrative Investigation In Policy Action Suspension Days Employee Involvement Employee 000018 Printed for: W503/ 5112760548 EVENT HISTORY DETAIL: Tiburon/CAD 1 SAN FRANCISCO POLICE 1 S112760548 A 219 07:18:58 DP07 ENTRY 07:18:58 07:18:58 07:18:58 07:19:24 07:19:28 DP07 DP07 DP07 DP17 DP09 ZIPCODE PRIOR TIEDINC MISC BRDCAST 07:19:42 DP09 DISP-ENR 07:19:42 DP09 PERS-ID 07:19:42 DP09 PERS-ID 07:19:42 DP09 PERS-ID 07:19:42 DP09 PERS-ID 07:19:47 DP07 SUPP 07:20:13 07:20:13 07:20:13 07:20:19 07:20:19 07:20:24 07:21:01 DP13 DP13 DP13 K220 K220 DP07 DP07 BACK- ENR PERS-ID PERS-ID BACK- ENR PERS-ID SUPP SUPP 07:21:30 DP32 SUPP 07:21:47 07:22:02 07:22:14 07:22:24 DP13 DP13 DP13 DP32 CODE-4 MISC ONSCENE SUPP 07:23:02 07:23:05 07:23:42 07:23:45 07:23:51 07:23:56 07:24:48 07:25:21 07:25:39 07:25:41 07:25:49 07:26:02 07:26:02 07:26:02 07:26:42 DP13 DP32 DP13 DP09 DP32 K186 DP13 DP13 DP13 DP09 SUO3 DP13 DP13 DP09 DP10 MISC SUPP MISC ONSCENE SUPP ONSCENE MISC MISC MISC MISC MISC BACK- ENR PERS-ID PREEMPT MISC 07:26:42 DP13 MISC 07:26:48 DP09 MISC 07:26:55 07:27:06 07:27:20 '07:27:26 07:27:48 07:29:45 07:31:32 07:31:32 07:31:32 07:31:34 DP09 DP13 DP09 DP10 DP09 SUO4 DP09 DP09 DP09 DP13 MISC SUPP MISC MISC MISC MISC BACK ENR PERS-ID PERS-ID ONSCENE Tue Oct 04 08:47:41 2011 10-04-11 08:47 FUNSTON AV,SF (D=3G BALBOA ST & CABRILLO ST) G3 RP:NABOR/ \AD:WPH2FUNSTON AV , SF #WPH2-CONF 167 FT, 063 °1-SPRINT NEXTEL-CDMA 8\PH: ORIGIN:E911\TX:NABOR .. HOLDING HANDS.. BLEEDING FROM THE HAND.... SUSP IS IS THE . 94118 912 08/09/11 S1864 F5112760077 TYPE:27D35 \P5112760548 TYPE:219 BCD All 112760548 A 219 FUNSTON AV,SF 10-8: 3G00 3G1A 3G2A 3G3A 3G4A 3G5A 3G35 3G90 3G35:P 3G3A:P 3G5A:P 3G4A:P 3G35 >HEPPLER WILLIAM J/1726 < >CARRASCO TROY M/1599 3G3A < >WONG ROBERT M/2005 3G5A < >FERRETTI KAREN/1689 < CASTRO ROSEMARY/1111 3G4A >FILAMOR JOSEPH R/0213 TX:LANG BARRIER... /// MALE. ... STILL INSIDE THE HOUSE... 3G3A 3G2A:P 3G28:P 3G2A < >OPHIR RON/1772 3G28 < >ISON KEVIN F/0176 3G3A 3G1A:P 3G1A >HERNANDEZ JASON 1/1608 TX: WEARING PIJAMAS... STEAK KNIFE WAS USED. TX: HAS KNIFE... IS 7 R OLD.. OUTSIDE.. W/ OTHER NAMES. (MTF) RP: \TX:PROQA RECOMMENDS DISPATCH AT THIS TIME 3G3A 3G3A, MEDIC IS 97 3G1A (MTF) TX: BARRIER....RP STATES NABOR IS STABBED IN THE HAND, POSS BY ...ROLLING PD NOW 3G3A, GOT CUT... IS SUSP...3G28 HAS ERIW TX:MED RUN 76 3G1A, C33 A8 ONLY 3G2A TX:PD RUN 548+ 3G5A 3G35, HAS ONE ON THE GROUND, POSS AN 0 , 3G35, SHOTS FIRED ONE DOWN, PD FINE, NEED 2 MORE 4085 3G3A, HAVE 219 VICT, THE 3G3A, ANOTHER 219 VICT --- THE SUP COE, DOC NTFY'D 3G3A 3G201:S 3G201 >LEE FRANK E/1179 3G201 3G35, 1 217 VICT, 1 219 VICT, 217 , 219 , UNRESPONSIVE // NEED 2ND 100 UNIT, POA REP 3G35, 1 217 VICT, 1 219 VICT IS YO , UNRESPONSIVE NEED A SECOND 100 UNIT AND A POA REP 3G35, 1 217 VICT IN HOUSE ... 1 219 VICT UNRESPONSIVE WHEN WE PULLED UP 3G35, WILL NEED A POA REP TX:NEED 2 MORE AMBULANCES PER 3H107, ANY CERT INGLESIDE CAN RESPOND SUPV DOUGHTERY / COE ADVD 3G35, STAYING AT FUNSTON/BALBOA FOR A BIT FAGEN IN OPS NOTIFIED 3G3A 3G104:S 3G201:S 3G104 < >GRAY JR LAWRENCE A/1304 3G201 >LEE FRANK E/1179 3G201 Page 1 SFPD 110796498 000019 1-rinted 07:31:43 07:33:41 07:33:44 07:34:58 07:37:01 07:37:10 07:37:42 07:39:43 07:43:13 07:44:02 for: WS03 DP09 MISC DP09 MISC DP13 MISC SUO4 MISC SUO4 MISC DP13 CODE-4 DP13 BACK-ENR DP13 BACK-ENR DP13 REQCC DP13 MISC Tue Oct 04 3G104, 3G1A WILL START A LOG 3G1A, 3G2A WILL BE RIDING W/THE 408 W/THE SUSP 3G1A, 3G2A RIDING WITH SUSPECT IN 408 MGR SILAS NOTIFIED NOTIFICATION PAGE SENT 3G1A, THE C33 A8 3G1A 3X500:UN 3G1A 1X100:UN 3G3A 110796498 assigned 3G35, AT THE COMPANY WITH RADIOS OFF...CAN BE REACHED BY LANDLINE 07:45:18 DP13 CHGLOC 3G2A SFG,SF 07:45:43 DP13 MISC 3G2A, FIND OUT IF INITIAL 219 VICT WENT TO SFG ALSO 07:49:14 DP13 BACK-ENR 3G1A 5H17:UN 07:52:52 DP13 ONSCENE 1X100, THIS IS ACTUALLY 1X400...CAD WON'T ACCEPT 1X400 07:53:04 DP02 SUPP RP: SGT CRENSHAW/SFG\PH \TX:408 CREW TRANSPORTED A 217/219 SUSP„,CURRENTLY IN TRAUMA 1 -- WAITING FOR POLICE TO SHOW UP 07:54:33 DP13 CLOC-ONS 3G35 CO G 07:55:56 DP13 BACK-ENR 3G1A 5H9:UN 07:56:04 DP13 ONSCENE 3G2A 3G1A, SFPDMDCCMDLINE MASK: QUERY 1: LEWI\NAME\A\A 08:07:05 K220 MISC R YIN \SEX QUERY 2: *QN/NAME: SEX: QUERY 3: IMQM.CA0380100. YIN.M.DOB/ QUERY 4: IRQVC.CA0380100.NAM/ .APP/YQUERY 5: INL1 YIN.SEX/ .DOB YINB 08:08:43 DP13 BACK-ONS 5H9 5X300:UN 08:13:13 K220 MISC 3G1A, SFPDMDCCMDLINE MASK: QUERY 1: LEWI\NAME\A\A \45\SEX@ QUERY 2: *QN/NAME: SEX QUERY 3: IMQM.CA0380100. M.AGE QUERY 4 IRQVC.CA0380100.NAM/ .SEX/ .AGE/ .APP/YQUERY 5: INL1 08:16:09 DP13 ONSCENE 5H9 08:18:11 DP13 MISC MEDIA 97 08:26:15 DP13 MISC 3G104, NEED ADDITIONAL UNIT TO RESPOND 08:26:21 DP13 BACK-ENR 3G104 3I1A:P 08:26:21 DP13 PERS-ID 311A < GOTELLI GREGG W/0105 08:26:47 DP13 MISC 3G5A, MORE TAPE NEEDED 08:27 ? DP13 ONSCENE 3G104 08:31:59 K220 MISC 3G1A, SFPDMDCCMDLINE MASK: QUERY 1: LEWI\NAME\A\A R YIN \SEX QUERY 2: *QN/NAME: /YIN.DOB: SEX: QUERY 3: YIN DOB/ QUERY 4: IRQVC. YIN.SEX/ .DOB/ .APP/YQUERY 5: INL1 08:36:01 08:37:39 08:43:08 08:45:11 08:45:15 08:46:10 08:46:10 08:54:59 08:57:25 08:59:29 08:59:35 08:59:35 08:59:51 09:04:33 09:08:31 09:09:38 09:09:41 09:09:50 09:09:50 09:15:13 09:15:13 08:47:41 2011 DP09 DP13 K245 DP17 DP17 DP13 DP13 DP13 DP09 DP13 DP15 DP15 DP15 DP13 DP17 DP02 DP02 DP11 DP11 DP15 DP15 MISC 3G28, ADV ME WHEN ENG ARRIVED OS MISC 3I1A, 5 MIN ETA.. STUCK IN TRAFFIC ON 19TH AVE ONSCENE 311A ONSCENE 5H17 CHGLOC 5H17 SFGH,SF BACK-ENR 2X2:UN, FROM TURK/LAGUNA PERS-ID 2X2 < FULGADO SHAWN M/0809 TRANSPRT 3G5A 850 BRYANT, HOMICIDE CHGLOC 3G4A CO G,SF ONSCENE 2X2 BACK-ONS 3G3A 3E2A:P PERS-ID 3E2A LEE MICHAEL/1643 PREEMPT 3E2A CLEAR 5X300 PREEMPT 5H17 ONSCENE 3G28 ONSCENE 3X500 BACK-ENR 3X500 3E2A:P PERS-ID 3E2A < LEE MICHAEL/1643 BACK-ENR 3E2A 3E11A:P PERS-ID 3E11A < LEONETTI FRANK V/1862 < HORAN MICHAEL V/1947 09:15:14 DP11 PREEMPT 3E11A Page 2 SFPD 110796498 000020 f_cintcjd 09:19:55 09:22:30 09:27:43 09:29:42 09:56:28 09:57:11 09:57:11 09:57:17 09:57:27 09:57:39 09:57:47 09:57:51 09:58:33 10:20:37 10:20:45 10:25:26 10:30:52 10:30:52 10:39:42 10:57:05 11:01:30 11:11:47 11:17:21 11:17:21 11:17:45 11:19:28 11:43:37 11:43:37 11:44:23 11:55:51 12:05:42 12:14:59 12:16:11 13:27:11 13:27:45 13:45:18 13:45:18 14:06:46 14:15:54 14:28:08 14:32:25 14:35:53 14:57:56 15:04:17 15:04:47 15:48:04 16:47:10 16:47:14 16:48:16 16:48:21 17:03:53 17:03:54 17:03:56 17:05:13 17:05:35 18:15:10 18:15:24 18:15:44 20:46:32 21:11:41 21:11:44 21:11:44 Tue Oct 04 08:47:41 2011 for: WS03 3E2A DP13 CLEAR DP13 CHGLOC 5H9 HOJ,SF, F/U K331 CHGLOC 3G3A CO G F/U K331 ONSCENE 3G3A DP13 CHGLOC 2X2 HOJ,SF #HOMICIDE DP13 BACK-ONS 3G4A 3D13A:P DP13 PERS-ID 3D13A < VALDEZ JOSEPH M/4228 >CLAUDIO ANTONIO C/1623 DP13 CHGLOC 3G4A HOJ,SF #HOMICIDE DP13 CLOC-ONS 3D13A HOJ #HOMICIDE DP13 ONSCENE 3G4A DP13 CHGLOC 3013A HOJ,SF #HOMICIDE DP13 ONSCENE 3D13A DP13 CHGLOC 3G28 HOJ,SF DP09 CHGLOC 3G5A CO G,SF DP09 APPD-MSG 98 TO COMPANY K085 CLEAR 3013A HAN DP13 BACK-ENR 3G2A 3G43C:P DP13 PERS-ID 3G43C < WU EDDIE S/0018 DP13 ONSCENE 5H9 3G104 HOJ,SF DP13 CHGLOC DP09 CLEAR 3G43C DP09 CHGLOC 3G5A 850 BRYANT ST,SF DP13 BACK-ENR 3G5A 3G43C:P DP13 PERS-ID 3G43C < WU EDDIE S/0018 3G43C, TRANSPORTING 3G5A TO 850 BRYANT DP13 MISC 30201 CO G,SF DP13 CHGLOC DP13 BACK-ENR 3G1A 30120:S DP13 PERS-ID 30120 < LONG STEPHANIE M/0128 302A FUNSTON AV,SF DP13 CHGLOC DP13 ONSCENE 3G2A 311A DP09 CLEAR DP13 CLOC-ONS 3G1A CO G DP09 CLEAR 3043C 3G2A, 97 HERE ON FUNSTON .. 905 W.FD WASHDOWN ON SW DP13 MISC 3G2A, 410 FD FOR W/D CAD #210 DP13 MISC DP09 BACK-ONS 3G2A 3043C:P DP09 PERS-ID 3043C < WU EDDIE S/0018 DP09 TRANSFER 1X100 CDAREA:30 -->SO 3043C, CRIME SCENE CLEARING AT 1415 HRS. DP13 MISC 3G2A HOJ F/U DP13 CHGLOC 2X2 HAN DP15 CLEAR DP09 CLEAR 3043C HAN DP13 ONSCENE 3G2A DP13 CLOC-ONS 3G4A CO G, F/U DP13 CLOC-ONS 30120 HOJ DP13 CLEAR 30201 DP17 CLEAR 1X100 DP17 CLEAR 3035 DP17 CLEAR 3G5A DP17 CLEAR 3G1A DP13 CLEAR 3G3A DP13 CLEAR 3G2A DP13 CLEAR 3G4A DP28 ONSCENE 3028 DP28 ONSCENE 30104 DP09 CLEAR 3028, PER CO DP09 CLEAR 30104, PER CO 7E DP09 CLOC-ONS 30120 CO G, PER CO DP13 CLEAR 30120 5UO3 CLEAR 3X500 REP SUO3 CLEAR 5H9 REP 5UO3 CLOSE Call Recap: INITIATE: ENTRY: IS PATCH: ON SCENE: 07:16:47 10/03/11 07:18:58 07:19:42 07:22:14 SFPD 110796498 CALL NUMBER: CURRENT STATUS: PRIMARY UNIT: CASE NUMBER: Page 3 #0548 CLOSED 3G35 110796498 000021 Printd for: WS03/ REP DISPOSITION: 21:11:44 CLOSE: LOCATION: FUNSTON AV,SF (D=3G BALBOA ST & CABRILLO ST) AREA: CONTROL: SO 3G STABBING/CUTTING TYPE: 219 SECTOR: G3 PRIORITY: A 750 PRIOR HISTORY 7145 FIRE: OPERATOR ASSIGNMENTS: AS OF 08:08:43: AS OF 08:54:59: AS OF 09:04:33: AS OF 09:08:31: AS OF 09:09:38: AS OF 09:15:13: AS OF 10:20:37: AS AS AS AS AS AS AS AS AS AS AS AS OF OF OF OF OF OF OF OF OF OF OF OF 10:30:52: 10:57:05: 11:11:47: 11:17:21: 12:14:59: 13:27:11: 13:45:18: 14:15:54: 14:32:25: 14:57:56: 16:47:10: 17:03:53: AS OF 18:15:10: AS OF 20:46:32: AS OF 21:11:41: Tue Oct 04 08:47:41 2011 DP07 DP17 DP09 DP13 K220 DP32 K186 SUO3 DP10 SUO4 DP02 DP13 K245 DP13 DP15 DP13 DP17 DP02 DP11 DP15 K331 DP09 K085 DP13 DP13 DP09 DP13 DP13 DP13 DP09 DP13 DP15 DP13 DP17 DP13 DP28 DP09 DP13 5UO3 Page 4 SFPD 110796498 000022 Tiburon/RMS S093420171 PAGE 04/04 DEM RECORD_77 10/05/2011 14:53 1 Wednesday, 5 October, 2011 EVENT HISTORY DETAIL: 093420171 SAN FRANCISCO POLICE DEPARTMENT C 909 14:58:21 FUNSTON AV, SF (Dr--3G BALBOA ST & CABRILLO ST) 01:19:04 DP04 A10989 ON-VIEW 01:19:04 DP04 A10989 PERS-ID 01:19:11 0PO4 A10989 BACK-ENR 01:19:11 0PO4 A10989 PERS-ID 01:19:42 DP04 A10989 QUERY 01:20:02 0PO4 A10989 MISC 01:20:33 DP04 A10989 CODE-4 01:21:22 [roil A10989 MISC 01:22:16 DP04 A10989 CLEAR 01:22:54 M226 A09725 CLEAR 01:22:54 M226 A09725 CLOSE 3014E:P ORIGIN:UNIT, GOOD OPEN DOOR 3614E < >PEREZ FRANCISCO 0 < >REYES DAMIEN M 3014E 3G2E:P 3G2E < >MARIANO RYAN 0/2191 Q 3014E 3G14E, 909 REO WALKTHRU..,GOOD OPEN GARAGE DOOR 3614E, WALK THRU MADE 3614E, DISREGARD 29 MADE UNDER 14E MEANT FOR 11E 3614E HAN 302E Call Recap: INITIATE: ENTRY: DISPATCH: ON SCENE: CLOSE: ADDRESS: DAREA: SECTOR: RA: FIRE: CALL NUMBER: 01:19;04 12/08/2009 CURRENT STATUS: 01:19:04 12/08/2009 PRIMARY UNIT: 01:19:04 12/08/2009 JURISDICTION: 01:19:04 12/08/2009 DISPOSITION: 01:22:54 12/08/2009 FUNSTON AV, SF (D=3G BALBOA ST & CABRILLO ST) 36 03 TYPE: 760 7145 PRIORITY: PRIOR HISTORY: CP: ADDRESS: PHONE: OPERATOR ASSIGNMENTS: CAD TIMESTAMP: #0171 CLOSE 3G14E SP HAN 909 MEET W/CITIZEN CADT 1208090122. DP04 M226 Page 1 of 1 SFPD 110796498 000023 Tiburon/RMS Wednesday, S October, 2011 EVENT HISTORY DETAIL: 082810753 SAN FRANCISCO POLICE DEPARTMENT I 913 8082870753 06:56:03 0112 PAGE 03/04 DEM RECORD_77 10/05/2011 14:53 14:57:52 FUNSTON AV Apt WPH2, SF (D=30 BALBOA ST & CABRILLO ST) A10661 LOGENTRY AD:WPH2FUNSTON AV, SF #WPH2-CONF 396 FT, 090 %-AT&T MOBILITY ORIGIN;E911\TX:NO RESPONSE 06:56:03 CT12 A10661 LOGTRSFR 08:56:03 CT12 A10661 W911 FUNSTON AV, SF: Call Recap: INITIATE: ENTRY: DISPATCH: ON SCENE: CLOSE: ADDRESS: DAREA: SECTOR: RA: FIRE: CALL NUMBER: #0753 CURRENT STATUS: W911 PRIMARY UNIT: JURISDICTION: SP DISPOSITION: 06:56:03 10/13 /2008 FUNSTON AV Apt WPH2, SF (D=3G BALBOA ST & CABRILLO ST) 3G 03 750 TYPE: 913 PRIORITY: 7145 PRIOR ,HISTORY: 06:55;37 10/13/2008 06:56:03 10/13/2008 CP: ADDRESS; PHONE: - OPERATOR ASSIGNMENTS: CAD TIMESTAIVIP: COMPLAINT UNKN CADT 1013080656 CT12 Page 1 of 1 SFPD 110796498 000024 San Francisco Police Department CI E l'EPORT Report Type: Initial _ Occurrence to Date/Time Occurrence from Date/Time Incident Number (ZY7 CAD Number, Reported Date/Time 07:18' 10/3/11 07:19 . 112760548 10/3/11 . . Type of Incident .. • . . L; Homicide, W/ Sharp Object -01002,. Homicide, Justifiable, By Police Officer W/ Weapon -01053. • • I . . •D Location of Occurrence At Intersection with/Premise type , 110-796-498 1 , Funston AV E k. 11 Confidential Report? T Location Sent Arrest Made? Suspect Known? 0 •. Suspect 0 Unknown? , . RICH Reporting Unit (Type of Weapon Used) Domestic Non-Suspect Ill Incident? 11 Violence? 111 Knife - - District Flat 3G35 • - District RICH FUNSTON AV- . . Name Reported to Bureau How Cleared? 5 YEAR/POST PROP 115 CERTIFIED 0 Date/ Elder Victim Time 10/3/11 Gang El Related? . Wong,Robert M Sign _Station . '- Watch Date 2005 Richmond Station 0600-1600 10/3/11 20:05:36 Station Watch Code Related Case i Date I e) I 3 6 io Station LOUIS ESPINDA#698sT Related Case 0 Star RieingiO)ce. ()lc Juvenile • Prejudice Subject? El Based? my personal knowledge, or is based on I declare under penalty of perjury, this report of information and belief following an investigation of the e Reporting Officer A CR E A R Star Lt. Sainez Homicide D FE • Watch - i Date ty rVOitli5'6 -2 Re-Ast to Copies tO 5H200 5H200 Assigned to As'signed by 5H200 1 3 R. Wong#2005 Addl. Copies Alias Name (Last, First Middle) RN 1 W Home Address Type Day Phone - Fubston Avenue Unknown Work Address < Type , Unknown City State San francisco CA City State Zip Code Zip Code Retired NI School (if Juvehille) Code S Injury/Treatment Other Information/If Interpreter Needed Specify Language Stab Wound Rt. Hand, Medic#95 Transported to MEH . . Name (Last, First Middle) Day Phone Home Address Type Unknown Night Phone, ALTA S Funston Avenue City State San Francisco CA - Work Address TvnP Zip Code State Unknown • N/A S. P1 DOB Unknown C SFNO J/D4 (if Juvi.). ED T DL Book Section #2 Book Section #1 Warrant # Court 4 Book Section 43 Action 4 Book Section #4 Dept- Book Section 45 . Star CWB Check Enroute to Mirandized Warrant Violation(s) Booking Location Star Date • Time Statement .E1 Citation Appear Date/Time Violation(s) Book/Cite Approval Star . Mass Arrest Code M X-Rays School (if Juvenile) . El SFPD 'Other 110796498 Information: Citation/Warrant/Booking Charge(s)/Missing Person-Subject Description; Scars, Marks, Tatoos Deceased person. Location of Appearance 1 LI CA Form Booked Copy Attached 000025 San Francisco Police Department ITI AL ORTE O748 • RP CODES: F -FOUND; N -NOTIFY,P -PARENT; R -REPORTEE; V -VICTIM; W -WITNESS Name (Last, First Middle) Code • V2 V . Home Address Type • Funston Avenue , Unknown Day Phone I . C Type Unknown Night Phone T, 2 . Work Address N/A • State City . Zip Code • •State CA City San Francisco • ght Zip Code Hair Color Weight Eye Color . ID No. . • . Confidential Person [1] Violent Crime ' El Notification Code W2 • I N 2 E - ' 293 PC Notification Star Name (Last, First Middle) Other Information/If Interpreter Needed Specify Language Deceased Person,' , Type Unknown Home Address Funston Avenue City San Francisco Night Phone Type Unknown Work Address N/A City . Height Weight Violent Crime 11 Notification Day Phone • Night Phone • Home Address Type Work Address . , City Injury/Treatinent Zip Code State Zip-Code • Hair Color Statement YES 0 Eye Color ID NO. Relationship to Subject . . . • • Alias . . Day Phone Type Work Address Night Phone Type WORK ADDRESS' or a.ge between • - State • Name (Last, First Middle) Age DOB • Unk El ID No. Other Information/If Interpreter Needed Specify Language • . DOB/ . • Relationship to Subject City • 0 • Zip Code ALIAS Race Sex Height or age between Weight Age DOB AND UnkLI 293 PC . Star F/U Form Violent Crime Confidential Person 0 Notification • YES LI Notification a Code , . • • • Type • Eye Color . Statement YES ri] State Other Information/If Interpreter Needed Specify Language • DOB/ • School (if Juvenile) • Hair Color . Zip Code State CA N/A , Name (Last, First Middle) F/U Form YES El . Injury/Treatment Not injured • School (if Juvenile) . Code 293 PC Star Notification . E] • • Day Phone Confidential Person • • ALIAS • S S Statement YES El . F/U Form YES 11] Injury/Treatment Multiple stab wounds. School (if Juvenile) . • • - . i .• •,.. M I . . Alias . Race ., • City City Sex Height Weight Hair Color . Eye Color State ' Zip Code State Zip Code ID No. AND ,- ' . _ Confidential Person . III School (if Juvenile) Violent Crime , al Notification 293 PC Notification Injury/Treatment Star LI Statement Relationship to Subject . F/U Form YES YES II LI Other Information/If Interpreter Needed Specify Language • . • SFPD377 B (03/03) SFPD 110796498 000026 San Francisco Police ieDartnent OPE - TY LISTIi\IGS y E Code/No 1 Serial No. • Driver's License EVD 1 ' . ,• •Supect's CDL. . 2 Item Description EVD 2 One Photo CD Model SFPD , Seized by (Star) From Where Officer 'son Value Quantity Narcotics Lab No. Color . Caliber . 1 . WHI ' 2005 , . • Gun Make . . . . Brand Code/No • Serial No. • • . Additional Description/Identifying Numbers E • WHI. . From Where 2005 . Value Quantity Narcotics Lab No. Color ' . Seized by (Star) CDL _ Caliber Gun Make • Model . Brand . Item Description • • • • • Additional Description/Identifying Numbers One Photo CD with 51 Photos of crime scene.. . E 3 . Code/No Item Description EVD 3 • Crime scene log • .1 WHI Seized by (Star) From Where 2005 Hernandez #1608 . . • • . Three page crime scen log. : Item Description Code/No . . • Additional Description/Identifying Numbers - Value Quantity Narcotics Lab No. Color Caliber . . #28 SFPD _ Gun Make Serial No. . Model - Brand • • . • Model Brand , Gun Make Serial No. Caliber • • Additional Description/Identifying gumbers . • • . Serial No. Seized by (Star) ' ' Model 1 Brand Item Description Code/No . • From Where iSeized by (Star) . I .From Where Value • quantity Narcotics Lab No. Color . Caliber Gun Make " • Additional Description/Identifying Numbers . Value Quantity Narcotics Lab No. Color . • i Item Description Code/No .: Seized by (Star) . . Color • . • Gun Make . Seized by (Star) . Quantity Narcotics Lab No. Value • Item Description Code/No . Model Brand . From Where Additional Description/Identifying Numbers Serial No. . Caliber ' Gun Make Serial No.. . . . . . Color .Caliber Brand . • . Value Quantity Narcotics Lab No. From Where • I Model * • . Additional Description/Identifying Numbers SFPD 110796498 . • - - 000027 . . San Francisco Police Department PA' TIVE On 10-03-11 at 0720 hours, I responded to Funston Avenue on an "A" priority Stabbing. While en route, I saw an Ambulance responding 3 directly behind me which I believed was going to the same call as I was. As I approaching the scene, I could see citizens waiving their arms trying to flag me down. When I arrived at the scene, the medics parked the ambulance behind patrol vehicle. I observed (VR1) who was standing outside in front of . (RVI) was holding right hand which was wrapped in a towel dripping with blood. I asked (RVI) what had happened and (RVI) told me had cut with a knife, then pointed to the flower pot to right just in front of . (RVI) then picked up the knife which, which appeared to be approximately 9" long, with a wooden handle. The knife was laying inside the flower pot and I told to leave it and do not touch it, (RVI) then dropped the knife back into the flower pot where it was and !asked if that was the knife used to cut and said " " I asked (RVI) where was and told me " is upstairs'!" I asked (RVI) if had any additional weapon's with and stated "I don't know!" I asked (RVI) if n was on any drug's or had any mental disability. (RVI) stated does not do drug's but he had . I then instructed (RVI) to go with the medics so they can attend to wounds. !advised Dispatch that the medics were on scene. At that point, 3G1A, Officer Hernandez #1608 responded to the scene to assist in the investigation. I told Hernandez the suspect, later identified as (Si) , was said to be still inside the home. I wanted to go inside immediately to get the suspect, however,Officer Hernandez advised me that we should wait until we had the (ERIW) less lethal weapon available, prior to entering. 3G28, Officer Ison #176 stated he was enroute, (via pic radio) with the ERIW. We then decided to see if we could get (S1) to come out by by calling m on the phone. I went back to the ambulance to ask (RVI) for the phone number to e and ask for name. • When I got the information, I returned to the front of (RVI 's) home and noted that entry was already made by the responding officer's, 3G35, Officer Carrasco #1599, Officer Heppler #1776, !son and Hernandez. As I was about to enter the home after approaching the front door, I heard three popping sounds which I recognized as gun fire. I then ran into the home to assist in the situation. while doing so within a split second, I saw Officer Carrasco dragging an elderly out to safety down the stair's later identified as (V2) I could see that (V2) had blood all over and upper body as Officer Carrasco carried (V2) to SFGH for medical treatment. body and noticed had stab wounds to to safety. The Medics transported (RVI) neck and Oarrasco then went back up the stair's and came back down the stair's with Officer Heppler, holding nim by his arm, I could see that Officer Heppler appeared to very shaken up by the situation as he walked past me. SFPD As110796498 I got up to the top of the stairs of (RVi's) , I observed to right of the landing (SI) 000028 who was lying face down on the floor with blood on s body, I also noticed tha e had several stab wound's on upper body. At the same time, 1 hear Officer Ison's voice saying "Clear" as he worked his way to the rear of the home, still searching the home for additional suspects and victims. 1 then observed (WR2) , who opened up bedroom door, come out of the room, Officer !son ordered to show hand's and come towards him. (WR2) did not comply to Ison's commands, instead ran into the next door bedroom and locked the door behind !son shouted at (WR2) to open the door to no avail, !son then kicked the door open. (WR2) was ordered to come out of the room, but did not comply. Officer 'son then grabbed out, was placed into handcuffs by 3G5A, Officer Ferretti #1689 and myself. (WR2) was escorted out of the home by Officer Ferretti. Once the home was deemed safe, additional medics entered the home to render aid to (S1) who was transported to MEH for medical evaluation and treatment. (S1) was shot by (ERIW) once by Officer Ispn who told me he ordered (S1) to drop the knives but did not comply. Officer Ison told me he shot once in "Zone One" but did not know if the Bean bag made contact with Officer Heppler fired his primary weapon to the upper torso of who was still armed with the knives in hand's advancing towards Heppler. Officer Hernandez started the crime scene log and all of Richmond Station Unit's responded to the scene to assist. 3G104, Sgt. Gray #1304 and 3G201, Lt: Lee #1179, also responded to the scene to assist in the investigation. Lt. Lee notified DOC at 0729 hours today's date of the incident. Homicide Units responded to the scene and took control of the investigation, Lt. Sainez, Insp. Warn? #1397 and Insp. Cunningham advised all Richmond Units who responded to the scene to respond to Homicide to give taped statements of the incident., Officer Carrasco and Officer Heppler were medially transported away from the scene. Officer Ophir informed me that (V2) and (S1) had later succumbed to their injuries and was pronounced dead at SFGH.(V2) at 0934 and (S1) at 0941 hours, today's date. Sgt Gray made note of this incident on the Use of Log at Richmond Station. I booked (El) Suspect COL, (E2) Photo CD, and (E3) Crime Scene log into evidence at Richmond Station. Officer Art Howard of the CIRT Unit responded to the scene. SFPD 110796498 000029 7 ?3 K47 L4 "u @453? HO SFPD 110796498 - - ,0 - - 000030 CRIME SCENE LOG N FRANCISCO POLICE DEPARTMENT - NUMBER: 10-711aL0 E OF INCIDENT: . DATE/TIME OF INCIDENT: • / in DATE/TIM ' LOG STARTED: STAR: ICER MAiNTA N G LOG: ID 3 Lab 7 DATE/TIME: STAR: .IEF OFFICER: V7 V771,vr •I --- 0 1 -7 222-3 , . • -,-- 7,6 avc-C. --..-.;..- ._[11/44Dal:'1 /6D2) . ---6' ot'c5-'. ..... B*0 -1 t43 I-P--e6, --k-v - -A--. (4, ral c-- rif 9 1,-- ( "7/ z--- -. 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DATION: :=ICER MAINTAININ POSI- ION/TITLE AME r , _ _ u efr, . 9*77 • A.9) -- b e;, (:' , --- 0--- 4-11,1 • ,--, 1--edt au, . zitf L L, 14 IAH L iL4 , , o iif iis - I a; i S .1,,(p.E.-3 7. "44,.. , if /:': :: / L \-fv. .° . ° ''''' 1 .-7.24ealt i 0 03 , ,...- ‘,:, - \ * , -,-,9- - .' * - ,- 14 ,,,-1.; - nu ,.."-- s eL 1% ( (1 i t hill A a i KWTh ------ff , t , ENTRY REASON ----..-. _L... ,144}4-- k, -- i# dd''i--i,--6--7..7P-7 ' ,- ,.. - i . , ,/,/-4,1 . ,k. ', f a-call— -2 - 1/2 A Y ci - kSf3 7 J ---- ts144- LeNt' 77 2===-DA-, 0„, -0.x_s- i /03 7 -_->if liki f'''' ,• _ 1 2‘ Ve- r) i 2 i 4 .-,10---1,4" __-:,U - .•.' Agfct,b--_ zo3 W-- s''' , uJfrtL,O10 1,(4 ' 61,;- 141-e-re4 To r ' lit' r---- 47 el :a , , irs----,n,c, op-T.4-w_ -,kt L-e-yrreip.-? __ 53 ard' Neg . e if y ir-, 47-1,T, 6r! .-1 --i5÷/i, ./70- 0,..: ,4 -/;e• 146,44,, 6-5 i-. ,, ., 0 Bs 3 37 53 , . , , . , . .. • , SFPD 110796498 000032 p _ E SCENE _O. N FRANCISC• POLICE DEPARTMENT IDENT NUMBER: CT 0 ,k 'E OF INCIDENT: I t(H (z/vi mcci- DATE IME OF IiICIDENT: ATION: _ STAR: :ICER MAINTAINING LO ( i11 ?7 STARTED: (0 03 DATE/TIME: STAR: .IEF OFFICER: D L DATETT rME / i ioo( .- 01-11/7--- :~- . {)fi/10 g-f- , _ , , G-7c- i 1 • .. -.( C,R-JIMAJ---- 1,,,C •-• - — -,--e 7)5-R- C-‹ f • • . • IIIIIIEIIIIIIIIIIIII . , , • • crA 1A)/A/6- alje2€6- . I\ 1k . 111.11111111MMIIIIIIIIII . • IIIIIIIIIIIIIIIIIEIIIIIIIIIIII • . IMMIMIIIIMIIIIIIILNIIIII . . , . • \, , , \ , . . ' , , MIIIIIIIMIMIIIIIIIIIIIIIIIIIIIIIIIIIII . • l IIIIIIIIIIIIIIIIIMIIIIIMIIMIMIIIIMI 1.11111111111111M1.111111.11111 • , _ l . . rffmmirsialwimi \ \ , ‘ . 1111.1111111 NEM . 11MMIMIIIIIIIIIIIIIIIIIhk.. SFPD 110796498 • • 111.1111111MII . 000033 Officer William Heppler #1726 Homicide Interview Synopsis Homicide Detail: October 3, 2011 16:44hrs Date of hire: Watch worked: Call sign: 3G35 (plain clothes assignment at Richmond Station) Partner: Officer Troy Carrasco #1599 Interviewed by Homicide Detail: Sergeant Scott Warnke and Sergeant William Braconi POA Attorney: Christopher Shea Also Present: DAI Investigator Jim Quesada and DA Mike Sullivan Officer Heppler was wearing a blue hooded sweatshirt with white element logo, blue jeans and black tennis shoes. He was wearing his star on a chain around his neck. It was visible. Officer Heppler and his partner, Officer Carrasco responded to the 600 block of Funston on a call regarding an neighbor who had been stabbed in the hand by It was an "A" priority assault with a knife. Officer Heppler and Officer Carrasco were in an unmarked vehicle. When they arrived the fire trucks were already on the scene as well as Officer Hernandez, Officer Wong and Sergeant Gray. Officer Heppler and Officer Carrasco got in line at the front door. The front door lead directly to a flight of stairs going to the second floor. The stairs had a small landing at the top. Officer Hernandez was first in followed by Officer lson, Officer Carrasco, Officer Heppler, and Sergeant Gray. Officer Heppler noticed that there was blood all over the entryway. When he was going up the stairs he noticed there was blood on the railing. He made note of that to Sergeant Gray who was about to put his hand on the railing. He said they went up the stairs in a fashion to clear the house. Officer Heppler had his gun at the low ready, because the other officers in front of him had their guns up pointing up the stairs. When they got to the top of the stairs, Officer Heppler saw and the hallway. ictim face down lying in wasn't moving. Officer Heppler described Officer Hernadez and Officer Ison going to the right to the kitchen to clear that room. [It is believed based on the area that Officer Heppler described after reviewing photographs that the room he initially described as the kitchen was in fact a bedroom.] Officer Carrasco was in the front looking down the hallway and had his gun pointed down the hallway. Officer Heppler was behind him with his gun at the low ready. They saw a at the very end of the hallway. went across into a room. They started yelling "SFPD! Police, come out with your hands up!" Officer Heppler said there was no response from the Officer Carrasco said he was going to re-holster his weapon and try to render aid to the victim on the ground by pulling out of the way of the hallway. Officer Heppler took his gun from the low ready and pointed down the hallway to provide cover for Officer Carrasco. Officer Carrasco started to pull the SFPD 110796498 000034 victim out. As Officer Carrasco was pulling the victim away, Officer Heppler yelled, "SFPD! Come out with your hands up!" Officer Heppler originally thought that the be a possible suspect and that Suddenly, a year old might have stabbed the victim on the floor. suspect came out of a door from the north side of the hallway, very close to Officer Heppler. The suspect popped out with a knife in face, with "dead eyes." at the end of the hallway could had a knife in hand and hand. had a glazed look on raised it up raised it up to shoulder height. Officer Heppler thought the knife was in the suspect's right hand. He believed there may have been something in the suspect's left hand but was not sure what it was. Officer Heppler said, "Drop the knife, drop the knife, please drop the knife." Officer Heppler started to back up. Officer Heppler knew from dispatch that there was a year old suspect that had cut and there was an e victim, who was not moving, on the floor. Officer Heppler now thought that the suspect coming towards him with the knife had stabbed the suspect's nd possibly killed the victim on the floor. Officer Heppler knew that Officer Carrasco was on the landing to his left with the victim, only a foot or two away from Officer Heppler's location. Officer Heppler knew the other officers where in the area. The suspect started to charge Officer Heppler. The suspect did not say anything and did not respond to Officer Heppler's commands to drop the knife. Officer Heppler shot the suspect. Officer Heppler said he felt that there was an imminent threat to his safety and the safety of the other officers at the scene and to his life. He wanted to stop the threat. He didn't know how many rounds he fired. Officer Heppler thought the suspect might stab him, or because Officer Heppler was backing up, the Officer Carrasco who had holstered his weapon and was helping the victim. The might go for fell face down. Officer Heppler reviewed a photograph of the hallway. He indicated that he was facing east looking down the hallway towards the rear of the house. He indicated his body was in the hallway just south of the top landing of the staircase. Officer Heppler was holding his gun in front of him, in the same area as the doorway of the hallway leading to the rear of the house. When the suspect first popped out, Officer Heppler stepped back to where his body would have been parallel to the banister. The suspect charged at Officer Heppler. Officer Heppler continued to backpedal. He believed that when he discharged his firearm his body was at or west of the doorway of the room that Officer lson and Officer Hernandez were in. That area is marked in the photograph with crime scene markers 4,5 and 6. Officer Heppler estimated that he was five to seven feet from the suspect when he fired his firearm. SFPD 110796498 000035 HOMICIDE INTERVIEW SUMMARY OIS 11-006 / CASE #110-796-498 Date and time of interview: 10-03-2011 at 1627 hours Location: Homicide Detail Present at interview: Sergeant Scott Warnke #1397 Sergeant William Braconi #2246 ADA Sullivan DAI Posada POA Attorney Shay Officer interviewed: Officer Kevin lson #176 3G28 (one person unit), Assignment Co. G, Watch Summary as follows: Officer !son said he was at Richmond Station getting his gear ready for the day and was notified by dispatch that a "219" had possibly occurred on Funston. Officer lson said he informed dispatch that he was responding as backup. Officer !son said when he arrived on scene he saw Officers Wong and Hernandez, as well as, EMS. Officer lson said he loaded his ERIVV with four rounds, one in the chamber and three in the tube. Officer lson said he met up with Officer Hernandez who had his firearm out and was standing by the door. Officer Hernandez suggested to him that they should standby until additional units arrive. Additional units arrived and they made entry into Funston. Officer ison said that he took the point armed with his ERIW. Officer !son said he announced "Police" multiple times as they proceeded up the staircase. SFPD 110796498 000036 At the top of the stairs Officer lson when to his right to clear the front room with Officer Hernandez as his cover. Officer lson said they cleared the front room and proceeded to the room across from the stairways. Officer lson said prior to entering the second room he noticed a body face down in the hallway and yelled out "Body on the Ground", before clearing out the second room. Office 'son said he began to clear out the second room with Officer Hernandez. Officer Filamor was in the hallway with Officer Heppler and they were covering the hallway. Officer lson said when he cleared the room he heard Officer Heppler screaming "Police show me see your hands, put the knife down". Officer !son said he saw Officer Heppler backing up, with his firearm pointing straight forward down the hallway. Officer lson said he had his ERIW up to his shoulder and saw the suspect from the doorway was going to exit out of. Officer lson said that he saw the left half of the suspect from his vantage point and the suspect was holding knife in left hand. Officer !son said he fired one bean bag round at the suspect and he believed Officer Heppler fired at the same time. Officer said he was approximately five feet or less away from the suspect when he discharged his ERIW from inside the room he was clearing. Officer lson said he discharged his ERIW at the suspect's left chest area and it had no effect on the suspect. The suspect fell to the ground face down and Officer 'son secured the suspect and knifes. Officer 'son said he then pointed the ERIW down the hallway to secure the rest of the hallway. SFPD 110796498 000037 Officer !son said that he and Officer Filamor cleared the rest of the house and found a in one of the bedrooms. Officer lson said he pulled the out of the room and Officer Ferretti and Officer Filamor secured Officer !son said the reason they entered the house was the suspect was still inside and they did not know if anyone else was still inside. Officer lson said the reason why he discharged his ERIW at the suspect was he had a clear shot at the suspect and he could stop the suspects charge and disarm Officer !son also stated he discharged his ERIW at the suspect to stop the suspect from charging and stabbing Officer Heppler. SFPD 110796498 000038 Officer Jason Hernandez #1608 Has prior law enforcement experience Department entry date: 3G1A Uniform assignment Officer Hernandez responded as back up. Officer Wong was on scene as well as fire and medics. An victim was being treated. The suspect was the of the el ctim. Officer !son, Officer Carrasco and Officer Heppler arrived. The officers decided to make entry because one person Was hurt, it was possible that there were other member that could be victims and the suspect was still inside. Officer Ison and Officer Hernandez were at the front of the line of officers. They went up the stairs and to the right. Officer Hernandez heard Officer Ison say there was a down in the hallway. Officer Hernandez saw the victim lying face down. of the house and victim r head was towards the rear eet were towards the stairs. Officer Hernandez and Officer 'son cleared the front room and moved to the next room which was full of stuff. Officer Hernandez went into the room to try to clear it. He heard yelling in the hallway, "Drop the knife!" He saw Officer Ison go to the doorway and Officer Heppler backing up in the hallway. A suspect was rushing towards Officer Heppler. Officer Hernandez saw Officer Heppler fire and the suspect fall to the ground. Officer Hernandez did not see Officer Ison fire the ERIW but he saw Officer !son "racking" the weapon after the suspect went down. Officer 'son asked Officer Hernandez if he was okay. Officer Carrasco dragged the victim out and Sergeant Gray came and stood by the suspect. Officer Hernandez was assigned to start the crime scene log. SFPD 110796498 000039 Officer Joseph Filamor #213 Date of entry to department: 3G4A Uniform assignment When Officer Filamor arrived there was a uniformed officer and two plainclothes officers on scene. They waited for Officer 'son to ready the ERIW before entry. Officer Filamor passed Sergeant Gray on the way up the stairs to be closer to Officer Ison so he could act as the lethal cover officer. Officer Filamor and Officer Heppler went to the right. Officer Carrasco said he was going to grab the victim on the ground. The Officers became bunched up in the hallway as they moved west to allow Officer Carrasco to get by with the victim. Officer Filamor was no longer next to Officer !son. Officer Heppler was in front of Officer Filamor and Officer 'son was to the right of Officer Heppler. The on suspect came from the left side of the hallway. The suspect had a "crazed, blank look" face. The suspect had at least one knife in hands, possibly more. The officers in the hall were shouting verbal commands to the suspect. The suspect came quickly towards Officer Heppler. Officer 'son fired the ERIW. Officer Filamor was in fear for his own safety and would have fired at the suspect if Officer Heppler had not been in his line of fire. Officer Heppler fired at the suspect. The suspect went down. Officer Filamor kicked the knives away from the suspect's hands. Officer Filamor and Officer Ison continued east down the hallway to clear the residence. One of the doors to the back bedrooms was locked. Officer 'son forced the door open. Officer Filamor and Officer Ison detained the inside. Officer Ferretti arrived and assisted with the detention. SFPD 110796498 000040 Officer Karen Ferretti #1689 3G5A Uniform Assignment Officer Ferretti arrived on scene. door of the residence. upstairs. saw a f saw the fire trucks and paramedics outside. ran to the front ictim being pulled out of the house. Officer Ferretti went saw the suspect lying in the hallway moaning e did not hear any shots or see the suspect being shot. Sergeant Gray was with the suspect. Officer Ferretti ran to the rear of the house where Officer Ison and Officer Filamor were detaining a handcuffing the who later identified as the Officer Ferretti assisted with f the suspect and the victims. The claimed to be asleep during the incident and did not make any statements about the attack on or the officer involved shooting. Once it had been determined the the handcuffs were removed. The and take SFPD 110796498 told Officer Ferretti that . Officer Ferretti transported the f was not a suspect and her brother suffered from o the Homicide Division. 000041 Officer Carrasco was wearing a blue shirt, blue jeans. His star was displayed on his outermost garment from a chain around his neck. Officer Carrasco and Officer Heppler responded to a call of stabbed in the hand. The suspect was identified as . They heard an officer "code 4" and say medics were treating victim. They were driving an unmarked vehicle. When they arrived on scene fire and paramedics were already there. They parked their vehicle at the end of the block and ran to the house because information was coming over the air that the suspect was still inside the residence. Officer Hernandez was there as well as Officer Ison who had the ERIW. Officer Carrasco saw blood all over the sidewalk, the marble foyer and the carpeted stairs. Officer Carrasco said they went inside to locate the armed suspect and because of all the blood, to protect anyone else who may have been inside the residence. The officers lined up to make entry into the residence. Officer Ison was in front with the ERIW, then Officer Hernandez, Officer Carrasco and Officer Heppler. Officer Carrasco was did not recall who was after Officer Heppler. All the officers repeatedly stated, "San Francisco police! Come out with your hands up!" As they went up the stairs there was more blood, all over the railing and the carpet. The hallway to the right was more illuminated than the left side. Officer Carrasco tried to turn on the light to the left hallway. The switch didn't work. In the hallway to the left he saw a victim lying face down. was "gurgling" and wasn't moving. Officer Ison and Officer Hernandez went to the right to clear the rooms to the right. Officer Carrasco believed other officers behind him may have also gone to the right but didn't know who it was. Officer Carrasco and Officer Heppler covered the hallway to the left and continued to yell come out with your hands up. Officer Carrasco told Officer Heppler he was going to holster his gun to get the victim out and told Officer Heppler to cover him. He re-holstered his firearm knowing, Officer Heppler was covering him and the hallway. Officer Carrasco went into the hall 3 or 4 feet. The victim's feet were facing him. Officer Carrasco went down low to grab ankles. There was movement down at the end of the hallway where there were two doors. A stepped out of the room on the right. Officer Carrasco and Officer Heppler started yelling commands. The stepped into the room to left, out of their view. Officer Carrasco stepped back from the victim and started yelling commands again. There was no reply. He said the hallway seemed really narrow. Officer Carrasco said he knew he had to get the victim out of the hallway so they could go down the hallway and he knew needed immediate medical attention. Officer Carrasco went back into the hallway, grabbed the victim's ankles and started to pull Officer Carrasco was out of the hallway but he wasn't sure how far the victim was out of the hallway. Sergeant Gray was pressed up in the corner of the landing on the north east corner to allow for Officer Carrasco to get the victim by. SFPD 110796498 000042 Officer Carrasco saw Officer Heppler go from a "low ready position" to "on point" and start to yell "Drop the knife! Put your hands up, drop the knife!" Officer Carrasco pulled the victim as hard as he could. He thought he was going to fall down the stairs. He got the victim to where upper body and face were still on top step and hallway, with legs down the stairs. Officer Carrasco saw a figure coming out of the hallway to the left that appeared to be an suspect. The suspect was holding hands clenched in fists by shoulders. Officer Carrasco did not see what was in the suspect hands. Officer Heppler initially stood his ground yelling "Drop the knife, drop the knife!" Officer Carrasco let go of the victim and started to pull his weapon out of the holster. Officer Carrasco said he was thinking "Someone's going to get killed, someone's going to get shot, someone's going to get stabbed, either me or my partner." Officer Carrasco saw Officer Heppler take three big steps back and fire his gun twice. Officer Carrasco said the suspect was three to four feet from will and even closer to Officer Carrasco, with on the other side of the banister. The suspect was within striking distance of Officer Carrasco. The suspect went down. Officers started to go to the suspect who was down. Officer Carrasco grabbed the victim and took down the steps and outside to the medics. Officer Heppler was coming out and Officer Carrasco walked with him. They did not go back inside the residence. SFPD 110796498 000043 POLICE DEPARTMENT CITY AND COUNTY OF SAN FRANCISCO THOMAS J. CAHILL HALL OF JUSTICE 850 BRYANT STREET SAN FRANCISCO, CALIFORNIA 94103-4603 EDWIN M. LEE MAYOR October 11,2011 GREGORY P. SUHR CHIEF POLICE c c--; r- Thomas Mazzucco, President San Francisco Police Commission City and County of San Francisco 850 Bryant Street, Room 505 San Francisco, CA 94103 Re: Decision to return Officer William Heppler #1726 to his regular assignment following their involvement in Officer- Involved Shooting #11-006. Dear President Mazzucco: On October 11, 2011, in accordance with Department General Order 8.11, Assistant Chief Denise Schmitt convened a Return to Duty panel to consider whether Officer William Heppler #1726 should return to his regular assignments following their involvement in an officer-involved shooting on October 03, 2011. This panel consisted of the following members: • Deputy Chief Denise Schmitt, Office of Administrative Services (Chair) Deputy Chief Kevin Cashman, Office of Operations • Commander Mikail Ali- Operations Bureau- Golden gate Division • Commander Michael Biel- Operations Bureau- Investigations Bureau • Commander Lyn Tomioka — Chief of Staff Office • Captain Keith Sanford- Commanding officer Richmond Station • Lieutenant Robert Yick- Internal Affairs Division • Lieutenant Hector Sainez- Homicide Division • Inspector Scott Warnke- Homicide Division • Sergeant Mary Dunnigan, Behavioral Science Unit • Sergeant Michael Nevin, Internal Affairs Division/OIS Investigator • Sergeant Kirk Tomioka, Internal Affairs Division/OIS Investigator The panel considered all of the investigative information summarized by Lt. Sainez of the Homicide Detail. Sergeant Dunnigan confirmed that the involved member participated in the mandatory debriefing, as required by Department policy. As with all officer-involved shootings, the Internal Affairs Division recommended that the officers participate in a Post Discharge Firearm Debrief at the Range and in Force Options/ and Defensive Tactics training at the Academy. After hearing the presentations and ensuing discussion, the panel recommended the return of Officer William Heppler #1726 to his regular assignment upon completion of the above-recommended training. SFPD 110796498 000044 Return to Duty OIS #11-006 10/11/11 Based upon the facts and circumstances known at this time, and after consulting with the appropriate Department personnel as described in Department General Order 8.11, I find that Officer William Heppler #1726 should be returned to his regular assignment. In accordance with Department General Order 8.11, I look forward to discussing my finding and decision with you at the next regularly scheduled Police Commission meeting. Sincerely, . Suhr Chief of Police Cc: Ms. Joyce Hicks (OCC) Page 2 of 2 SFPD 110796498 000045 SFPD Force Options Training Officer-Involved Shooting/Discharge tL L P& Member Name Member Unit Date Completed " .1Er p OFFICEIt R.K. SETO NO68 DEPT. FORCE OPTIONS COORDINATOr d"1"1 SAN FRANCISCO V1 / MY ()NO CZE__$„, NO • Reviewed DGO 5.01 and 5.02 • Completed 3 scenario-based training exercises Signed by Member Star # Signed by Academy S Star # ztc e, FAX TO M.C.D. UPON COMPLETION (415) 553-9160 ATTN: Sergeant Mike Nevin #166 -- SFPD 110796498 000046 No. 3209 SFPD Oct. 11. 2011 ,11:49AM SFPD RANGE TRAINING Firearms Discharge ERIW Discharge OIS Referred by . ay-C" M Member Name ix) Member Unit N v _ ,Star # 1 110-6 tkri_ CAA IHOr.n (4, SThri 0 r4 Date Completed Police Range: "Post-Discharge Debrief" Completed? NO 1N/A Police Range: "Gun Safety, Weapon Handling and Manipulation" Completed? NO N/A Police Range: "Engaging Threats in a Moving Vehicle" Completed? YES NO Signed by Member ' Signed by Range Staff star# star* f&i FAX TO M.C.D. UPON COMPLETIO ATTN: SprgeantIVIII0 NevIn #166 SFPD 110796498 000047 PY Memorandum San Francisco Police Department To: Captain Greg McEachem #1124 Commanding Officer Risk Management From: Sergeant Michael Nevin #166 Internal Affairs Division-OIS Date: October 6, 2011 Subject: Preliminary Investigation: Officer-Involved Shooting 11-006 SFPD Incident #110796498 APPROVED YES NO Issue: What is the preliminary information related to OIS 11-006? Discussion: Incident Overview On Monday, October 3, 2011 at 07:16 hours, DEM began receiving phone calls regarding a stabbing at Funston Avenue in the Richmond District. An "A" priority call for service was dispatched and numerous units began to respond. Neighbors called 9-1-1 to report that a resident at Funston Avenue, was bleeding from hands. was outside of residence with the knife that was used in the assault. It was reported that was the suspect in the assault and was still inside the residence. Officer Robert Wong #2005, 3G3A, was the first to arrive at the location, and he arrived at the same time as the medics. Officer Wong noticed that had a cut to right hand and appeared to be in shock. Officer Wong also noticed that a knife was inside a planter box in front of and 6 Funston Avenue. [This 3-story building has a garage at street level; Funston is the bottom flat; Funston is the top flat.] A large amount of blood was visible on the sidewalk. Officer Wong asked several questions such as: "Is there other weapons? Is (suspect) on drugs? Does (suspect) have mental issues?" A neighbor replied that did have . Officer Hernandez #1608, 3G1A, arrived on scene. Officer Wong got on the radio and stated that the suspect may have another knife and he (Wong) was prepared to make entry. Officer Hernandez suggested SFPD 110796498 000048 IAD - OIS CASE # 11-006 they wait for the Extended Range Impact Weapon (ERIW). At the same time, Officer Ison #176, 3G28, stated that he was equipped with ERIW and he was on scene. Several other units began arriving and the following personnel entered the premise: Sergeant Gray #1304 (3G104), Officer William Heppler #1726 (3G35 plain clothes with star displayed on chain around neck), Officer Troy Carrasco #1599 (3G35 plain clothes with star displayed on chain around neck), Officer Ison, Officer Hernandez, and Officer Joseph Filamor #213 (3G4A). At 07:23 hours, Officer Hernandez #1608 called for a "Code 33" [clear channel Several for emergency] as the officer began entry into the residence. announcements were made "Police, Police" as the officers went up a staircase into the living area of Funston Avenue. A significant amount of blood was on the staircase, walls, and banister as the officers went inside. Officers Ison and Hernandez began to clear rooms to the west of the staircase. No one was located in these rooms. In the hallway east of the staircase, the officers located a victim who was lying motionless on face suffering from apparent stab wounds. Officer Carrasco told Officer Heppler that he (Carrasco) was going to holster his firearm to get the victim out. As Officer Carrasco began to pull the victim out of the hallway by ankles, a was seen in the rear (east) of the residence running from room to room. The officers began yelling to the but did not respond to the officers. Suddenly, a came out of a door from the north side of the hallway, very close to Officer Heppler. The suspect popped out with a knife in face and "dead eyes." Officer Heppler said hand. had a glazed look on the suspect had a knife in right hand and raised it up raised it up to shoulder height. He believed there may have been something in the suspect's left hand but was not sure what it was. Officer Heppler ordered, "Drop the knife, drop the knife, please, drop the knife." Officer Heppler started to "back pedal." Officer Heppler knew from dispatch that there was a year-old suspect that had cut and there was an e victim, who was on the floor not moving. At his point, Officer Heppler believed that the oming towards him with the knife had stabbed and possibly killed the victim on the floor. Sergeant Gray became positioned at the top landing of the stairway up against a wall when the suspect went past him toward Officer Heppler. Sergeant Gray saw two knives but was unsure which hand(s) they were in. 2 SFPD 110796498 000049 IAD - OIS CASE # 11-006 Officer Heppler thought the suspect might stab him, or because Officer Heppler was backing up, the man might go for Officer Carrasco who had holstered his weapon and was helping the victim. The suspect started to charge Officer Heppler. The suspect did not say anything and did not respond to Officer Heppler's commands to drop the knife. Officer Heppler shot the suspect but did not know how many times he fired. Officer Heppler said he felt that there was an imminent threat to his safety and the safety of the other officers at the scene. He wanted to stop the threat. He believed that when he discharged his firearm his body was at or west of the doorway of the room that Officer Ison and Officer Hernandez were in. The area is marked in the crime scene photograph with markers 4, 5 and 6. Officer Heppler estimated that he was five to seven feet from the suspect when he discharged his firearm. At approximately the same time, Officer Ison discharged the ERIW from a doorway of the bedroom just west of the stairway. Officer Ison heard Officer Heppler yelling, "Police! Show me your hands!" Officer Ison described Officer Heppler backing up and pointing his gun down the hallway. Officer Ison had the ERIW "at the ready," saw the suspect, and discharged the ERIW believing he struck the suspect in the torso. Officer Ison believed that Officer Heppler was going to get stabbed. Officer Ison believes that he fired at the same time as Officer Heppler. The suspect fell to the ground and two knives were located near body. was •still breathing when officers requested immediate medical attention for all the injured people. Both the uspect and f victim were transported to SFGH where they were later pronounced dead. The victim was the year-old of the suspect. The described earlier who was seen running in the east section of the residence had locked f in a room. After no answer at the locked door and not knowing the involvement in the incident, the officers forced entry into the room and detained was later determined to be the year-old of the (and ). 3 SFPD 110796498 000050 IAD - OIS CASE # 11-006 Timeline of Significant Events A certified CAD (#112760548) was reviewed and time stamped by DEM: DEM broadcast of "A" priority 219 (stabbing) at • 07:19:12 Funston. " is bleeding from the hand. Suspect is ." Numerous Richmond units begin response. Dispatch further advises, " barrier. The s years-old, still inside the house." Dispatch further: wearing pajamas; steak knife was used. • 07:20:40 Dispatch further: has the knife and is outside. • 07:21:00 3G3A (Officer Wong) is on scene with medics • 07:21:20 3G3A advises Code 4; he is on scene with medics • 07:21:40 3G1A (Officer Hernandez) is on scene • 07:22:00 3G3A advises that is inside and may have another • 07:22:20 knife and he is going to make entry 3G1A advises that they are going to standby until E.R.I.W. is • 07:22:40 on scene. 3G28 (Officer Ison) advises that he is on scene with E.R.I.W. 3G1A asked for "Code 33" on A8 • 07:23:20 3G35 (Officer Carrasco and Officer Heppler): "Come out • 07:24:20 with your hands up. Got one on the ground now. Looks to be year-old ." 3G35 "Shots fired, one down!" Immediate request for • 07:24:45 medics. 3G104 (Sgt. Gray) asked for 2 medic units. 3G201 (Lt. Lee) advises that he is en route • 07:25:40 *Time from "Code 33" to broadcast of "Shots fired" = 85 seconds Suspect: DOB: address: , Funston Avenue, S.F. CDL Several referral cards for were located in a bedroom. Homicide Investigation / CSI Inspector Scott Warnke, Homicide Detail, is the lead criminal investigator. All civilian and member interviews, up to this point, have been conducted by the Homicide Detail. 4 SFPD 110796498 000051 IAD - OIS CASE # 11-006 The Medical Examiner is conducting an autopsy of suspect during the week of October 10. The report and findings will be forwarded to the Department upon completion. We will receive a preliminary report during the week of October 10. CSI evidence includes the following: • Officer Heppler fired two times. To date, one casing and one bullet have been recovered from the scene. • Two knives were located near the suspect; one knife was located in the front planter box of the residence. • ERIW discharged shotgun shell, disks and bean bag were located near the doorway where Officer Ison was positioned. • Blood evidence was located on sidewalk in front of and throughout the residence of Funston Avenue CIT-trained officers on scene Officer Wong took the 40-hour class in January 2006 Officer Hernandez took the 40-hour class in June 2006 Officer Carrasco took the 8-hour class in June 2005 5 SFPD 110796498 000052 TAD - OIS CASE # 11-006 Conclusion: The following statute and Department General Order provisions will be considered in the evaluation of this investigation: Penal Code Section 835a: Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. Department General Order 5.01 (Use of Force rev. 10/4/95) states, in part: D. CATEGORIES OF FORCE TO EMPLOY (IN ASCENDING ORDER OF GRAVITY) 1. When the use of force is necessary and appropriate, officers shall, to the extent possible, utilize an escalating scale of options and not employ more forceful measures unless it is determined that a lower level of force would not be adequate, or such a level of force is attempted and actually found to be inadequate. The scale of options, in order of increasing severity, is set forth below: a. Verbal Persuasion b. Physical Control (e.g., passive resister, bent wrist control, excluding the carotid restraint) c. Liquid Chemical Agent (Mace/Oleoresin Capsicum) d. Carotid Restraint e. Department-Issued Baton f. Firearm 2. It is not the intent of the order to require officers to try each of the options before escalating to the next. Clearly, good judgment and the circumstances of each situation will dictate the level at which an officer will start. Officers using any type of force are accountable for its use. F. CIRCUMSTANCES JUSTIFYING THE USE OF FORCE 1. Officers may use force in the performance of their duties in the following circumstances: a. To prevent the commission of a public offense. b. To prevent a person from injuring himself/herself. 6 SFPD 110796498 000053 IAD - OIS CASE # 11-006 c. To effect the lawful arrest/detention of persons resisting or attempting to evade that arrest/detention. d. In self-defense or in the defense of another person. 2. Before using force, the officer should consider these questions: a. What actions on the part of the suspect justify the use of force? b. What crime is being or has been committed? c. Does the situation require the immediate use of force? Department General Order 5.02 (Use of Firearms rev. 3/16/11) states, in part: C. DISCHARGE OF FIREARMS 1. PERMISSIBLE CIRCUMSTANCES. Except as limited by Sections C.4 and C.5., an officer may discharge a firearm in any of the following circumstances: a. In self-defense when the officer has reasonable cause to believe that he or she is in imminent danger of death or serious bodily injury. b. In defense of another person when the officer has reasonable cause to believe that the person is in imminent danger of death or serious bodily injury. However, an officer may not discharge a firearm at a person who presents a danger only to him or herself, and there is no reasonable cause to believe that the person poses an imminent danger of death or serious bodily injury to the officer or any other person. 2. VERBAL WARNING. If feasible, and if doing so would not increase the danger to the officer or others, an officer shall give a verbal warning to submit to the authority of the officer before discharging a firearm. Additionally, Department Bulletin 11-113 dated 5/27/11 (Response to Mental Health Calls With Armed Suspects) states, in part: "When officers...learn that the incident involves an armed person who appears to be suffering from mental illness, or is in an apparent altered mental status, the officer shall immediately request a supervisor who shall respond to the scene...Under no circumstances shall the officers jeopardize their own safety or that of any other person in attempting to interpret or apply this directive. The goal of the procedure is to allow for sufficient time to deescalate the situation when no person, other than the person requiring mental health services, is in danger of death or serious bodily injury." The administrative investigation will examine this incident and a recommended finding regarding Department policy will be submitted to the Firearm Discharge 7 SFPD 110796498 000054 IAD - OIS CASE # 11-006 Review Board when both criminal and administrative investigations are concluded. Recommendation: As with all Officer-Involved Shootings, Officer William Heppler has been assigned to administrative duties since the incident. A Return to Duty Panel will convene on October 11, 2011 at 13:00 hours and a recommendation will be made to Chief Suhr. Officer Heppler will attend standard training following this incident at the Range and modified Force Options at the Academy on October 11, 2011. It is recommended that this investigation proceed according to Department General Order 8.11. 8 SFPD 110796498 000055 Funston Ave, San Francisco, CA 94118 - Google Maps Page 1 of 1 To see all the details that are visible on the screen, use the "Print" link next to the map. Rc-cham beau Playr,trou n 6 4 r.,.2 1,4i .... mum t Kir iti 'L), Playground g * ? c., d 52 c,:. , ' 41 ID _ __,, g ,4- — th i, , _., , St ,..-,......,., , ,.... . . 7. , Fulton '‘`` Playground uiton St SD .-. Mini Park GarV Bivd Geary Eilvd Geary Blvd zr . Muriel Leff Mini Park 95 Inner Richmond sv,zi St Ann St rn ....., ., b ra ";41 Balboa St co 5 130,kb0a St F, ,9","; a a CAT:ITient St csemot St <-; 1,em e nt Richmond District , Central Richmond fil • at, P73 SD Curnwall St r,) California St i..- Little Russia ment St Pe- ;V LiO• -fl Calrornill St GOrforrii2 5t sci Lake Street It. ..> 7,5 Argure .P..liema:ive Ito. iT! -&-1t.,:-.Ty. 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SFPD 110796498 SFPD 110796498 000066 SFPD 110796498 000067 SFPD 110796498 000068 SFPD 110796498 . 000069 SFPD 1 10796498 000076 °ran San Francisco Police Department Captain Keith Sanford #1414 Commanding Officer Richmond Station APPR V YES NO Ofc. Kevin !son #176 k4) Patrol Officer a Monday, October 03, 2011 ERIW On 10/3/11 I was dispatched to the 600 block of Funston regarding a possible stabbing. (See Case # 110796498). During the incident ERIW #10 was discharged at the suspect. [notified Sgt Gray #1304 of the discharged which he later entered into the Use of Force log. The ERIW was later seized by CSI as evidence. SFPD-68 (03/89) * SFPD 110796498 000077 San Francisco Police Department Captain Keith Sanford #1414 Commanding Officer Richmond Station From: Officer William Heppler #1726 Richmond Station Date: Monday, October 03, 2011 S Oct: Firearm Discharge Sir, On 10/03/2011, I was involved in an incident where I was forced to discharge my SFPD issued Firearm. During the investigation, CSI responded and took charge of my Firearm and SFPD Range personnel issued me a replacement SFPD Firearm. See SFPD Incident Report # 110-796-498. SFPD-68 (03/89) * SFPD 110796498 000078 io. 4149 \hr. 2. 2012 1:41PM A P. 2/3 vt San Francisco Police Department Forensic Services Divisioti — Criminalistics Laboratory / Report of Laboratory Examination Case Number Laboratory Number Incident Date Itequested By Detail [Agency Complainant / Victim Suspect Report Date 110-796-498 11-0$87 October 3, 2011 Inspector / Sergeant Martin #2153 Homicide / SPPD Certified Copy 3/J-1 ,EPI) Initia18 Date October 25, 2011 1111111111111111111111111, The following evidence was reeeived in the Criminalistics Laboratory on October 20, 2011. DESCRIPTION OF EVIDENCE. One fired copper-jacketed bullet Bag 6 Ex, 6-8 Ex. 6-9 One 'apparent lead fragment Bag 7 ' Ex. 7:4 One fired 40 Smith and Wesson caliber Winchester cartridge case Bag 11 Ex. 11-1 One fired 12 gauge CTS shotshell Bag 13 Ex, 13-1 One 40 Smith and Wesson. caliber StgSauer Model RM .semiautomatic pistol, serial number One magazine Elevii 40 Smith and Wesson caliber Winchester cartridges Bag 14 Ex. 14-1 One 12 gauge Remington Model 870 Wingmaster Magnum pump action shotgun, serial number Eight unfired 12 gauge CTS shotshells PURPOSE OF EXAMINATION Standard firearms examination RESULTS OF EXAMINATION The bullet was fired from the submitted Exhibit 13-1 sigsauer pistol. Bag 6 Ex. 6-8 The exhibit was determined to be of 40 caliber displaying rifling characteristics of six lands and grooves, right twist. Ex. 6-9 The fragment does not display individual or class characteristics and was not exarnined further. Bag 7 Ex. 7-4 The cartridge case was fired in the submitted Exhibit 13.-1 SigSauer pistol. Bag 1,1 tx. 11-1 The shotshell 'was fired in the submitted Exhibit 14-1 Remington shotgun. Bag 13 Ex. 13-1 The pistol was examined and found to be functional using the submitted magazine. The trigger pulls were determined to be within manufacturer's specifications. The cartridges were not examined further. SFPD 110796498 Pogo I of 2 Ai. A 000079 Mar. 2. 2012 No. 4149 1:42PM P. 3/3 , San Francisco Police Department Forensic Services Division — Criminalis tics Laboratory Report of Laboratory Examination (Con tintied) . Bag 14 Ex. 14-1 The shotgun was examined and found to be functional. The trigger pulls were determined to be within manufacturer's specifications. The shotshells were not examined further. DISPOSITION OF EVII)iNCt The items will be returned to the property control division. Examined By: Mark Proia, Crirninalist It Firearm and Tool Mark Unit 110-796-498/ 11-0587 SFPD 110796498 Pane 2 012 000080 DATE /TIME RECEIVED BAH FRAMUSCO [DOUCE DEPARTMENT 10103111 0745 D1TEYflT7fEREGDESTED ASAP 10/03/11 CRMIE SCENE RESPOMSE FORM A5E 0796d-fli ae CASE # OFFENSE: 187 0 COMPLAINANT REQ BY WoNG STAR 2005 UNIT 3G3A PHONE 10/03/11 o ARRIVAL TIME 0840 csoi STAR Funston M PuBILL#1284R3J' Can-517R GORES #911 r-RtmARKs rrasmucTro-Ns Colle #1229, (PSA) nercher-VaklasNno #4098 PHOTOS: DATE/TIME / RUNDATE SFPD --L N/1 Ir D LEFT il NO D BY C.S.I. 0 BY PHOTO LAB BY RESPONDING OFFICER LATENT FINGERPRINT PROCESSING RESULTS: LATENT PRINTS DEVELOPED: YES 0 NO El N/A AFIS QUALITY? YES 0 NO 0 TBD 0 # OF LIFT CARDS AFIS ENTRY DATE: N/A 0 UNIDENTIFIED USEABLE LATENT'S EP/JAWING IN FILE? Y 0 ND TBD PROCESS USED: SEE 235E FORM ID MADE: Y 0 (SEE 235D) N AS OF (date) COMMENTS/ NOTES/ P.O.E. Refer to scene report CHECK ALL FORMS ATTACHED TO THIS REPORT: • F11REARRid INFORMATION REPORT (235A) • GUNSHOT RESIDUE REPORT (235C) 0 COMPARISON REQUEST cf; 11D FORM (235D) EVIDENCE INVENTORY (235E) O • CRIME SCENE REPORT / NOTES O X & Y COORDINATES O BIOLOGICAL EVIDENCE COLLECTION REPORT (235B) VEHICLE PROCESSING REPORT (235F) CRIME SCENE DIAGRARiq O OTHER (IF BOXES ARE NOT CHECKED, NO ADDITIONAL INFORMATION IN INITIAL CSI. REPORT) SFPD 235 (REVISED 08/08) SFPD 110796498 Page 1 of 000081 /54/0„; IIMCIIDEHT MUMBER: q q 0799698 10/03/11 Funstm & c.s.LA 1=..-----/ Pub("WormesiCde STATUS CODES: SAM FRAMCIISCO POUCE DEPARTHEMT C.S.O. EVIDEKCE HVEMICDRY Z PROCESSAM DATE: LOCATllOM: B BOOKED STAR: C DRYING PROCESS CODES: BP BLACK POWDER ITEilii # EVIDENCE PAGE 1 OF 7 1284/1229 P LATENT PROCESSING 611iP MAGNA POWDER F FREEZER N NINHYDRIN S SWAB D DFO R RELEASED (SEE BELOW) C CYANOACRYLATE LOCATION FOUND DESCRIPTION R R6G SP STICKY PRINT OTHER: COLL. BY! REC FROM INIT. STATUS PROC. USE", LAT. .4-/- DATE BOOKED i (1)knife,wood handled,stainless, north planter box IFO house, 1284 sb n/a n/a 10/04/11 x "Butcher Shop",screw missing end of marker #1 at scene 911 x x x x x handle grip,red stained,11 1/2" length x 974 x x x x x 6" blade length,debris on blade x 1284 x x x x la (2)swabs red stain handle of knife marked #1 1284 bf n/a n/a 10/04/11 lb (2)swabs red stain blade of knife marked #1 1284 bf n/a n/a 10/04/11 2 (1)"super sock" bean bag,red stained hallway, marker #2 at scene 1284 bf n/a n/a 10/04/11 3 "super sock" cap/debris hallway,marker #3 at scene 1284 b n/a n/a 10/04/11 4 (1)casing, Winchester 40 S&W hallway,marker #4,at scene 1284 b n/a n/a 10/04/11 5 clothing, bloody hallway,marker #5, at scene 1284 r n/a n/a n/a 5a (1)plastic wad, "super sock" hallway,marker #5,at scene 1284 b n/a n/a 10/04/11 x under released clothing x x x x x. x . i CHAM OF CUSTODY ITElifi # DESCRIPTION RELEASED BY RECEIVED BY DATE TIME SFPD 235E (08/08) Page Z of (II SFPD 110796498 000082 MCDDEMT MUM[tER: 110796698 SAN FRANCISCO [DOUCE DEPARTRifENT •C.S.:. EVIDENCE INVEMORY & PROCESSH DATE: LOCATION: 10/03/11 Funstorn St c. 7S::://,, we_, Pubilinomes/Cde STAR: EVIDENCE PAGE 2 OF 7 1286/1229 STATUS CODES: B BOOKED D DRYING P LATENT PROCESSING F FREEZER S SWAB R RELEASED (SEE BELOW) PROCESS CODES: BP BLACK POWDER iifiP MAGNA POWDER M NINHYDRIN D DFO C CYANOACRYLATE R R6G SP STICKY PRINT OTHER: COLL. BY! INIT. PROC. REC FROM STATUS USED LOCATION FOUND DTER/r] # DESCRIPTION 6a (1)brown,wooden handled,knife, hallway floor at scene,on top 1284 red stained, blade bent,stainless, other knife marker #6 at scene 911 LAT. DATE BOOKED sb rila n/a 10/04/11 974 approx. 9" total length, 5" blade, 1284 6b (2)swabs of red stain blade of top bent knife,#6a 1284 bf n/a n/a 10/04/11 6c (2)swabs of red stain handle/grip top bent knife,#6a 1284 bf n/a n/a 10/04/11 6d (1)brown, wooden handled knife hallway floor at scene,bottom 1284 sb n/a n/a 10/04/11 red stained,stainless, 12"total, knife,marker #6 at scene 911 X 974 8"blade 1284 6e (2)swabs of red stain blade of bottom knife, #6d 1284 bf n/a n/a 10/04/11 6f (2)swabs of red stain handle/grip bottom knife,#6d 1284 bf n/a n/a 10/04/11 CHAM OF CUSTODY ITEM # RELEASED BY DESCRPTKOM Page SFPD 110796498 3 of 2") RECEIVED BY DATE SFPD 235E (08/08) 000083 INCIDENT NUMBER: I W796498 Funston M 10/03/11 - c.s4 Pubill/ omes/Colle STATUS CODES: SAM FRAMCEISCO [DOUCE IDEPARTNEFT C.[1. .S EVEDENCE HV EMTORY & PIROCESS[IMG DATE: LOCATION: B BOOKED STAR: EVIDENCE PAGE 3 OF 7 1284/1229 D DRYING PROCESS CODES: BP BLACK POWDER ITEM ",,-' P LATENT PROCESSING MP MAGNA POWDER F FREEZER N NINHYDRIN S SWAB R RELEASED (SEE BELOW) C CYANOACRYLATE D DFO LOCATION FOUND DESCRIPTION R R6G SP STICKY PRINT OTHER: COLL. BY / INIT. PROC. REC FROM STATUS USED LAT. +/- DATE BOOKED 1284 b n/a n/a 10/04/11 x x x x x larger bathroom floor at door 1284 b n/a n/a 10/04/11 x kitchen fir, marker #8 at scen3 x x x x x 9a (1)cutting board,wooden,red stained kitchen sink counter,marker 1229 b n/a n/a 10/04/11 x x #9 at scene 1078 x x x x 9b (1)knife block with six(6)knives and kitchen sink counter,marker 1229 b n/a n/a 10/04/11 x knife sharpener,red stained #9 at scene 1078 x x x x 10 (1)metal fragment kitchen floor at scene 1229 b n/a n/a 10/04/11 x x x 1284 x x x x 11 (1 )water control swab lot:15-130,exp:02/12 (knives 1284 bf n/a n/a 10/04/11 12 (11)appt/buisness cards s/w bedroom dresser at door 1284 b n/a n/a 10/04/11 7 (1)shotgun shell casing, "12 - 12" x (super sock) 8 (1)bullet x s/w bedroom floor at doorway, , marker #7 at scene , , C=AM OF CUSTODY ITEM # RELEASED BY DESCRIPTION Page < SFPD 110796498 g RECEIVED BY DATE TIME SFPD 235E (08/08) 000084 OHC11DEMT MURDER: 1107994SG SAM FRAHC11SCO POUCE DEPARTPurEMT C.SI MADE; ,:CE h‘VEMITORY & PROCESSING DATE: LOCATIOM: 10/03/11 Funston &ic STAR: STATUS CODES: B BOOKED D DRYING PROCESS CODES: BP BLACK POWDER ITEM # EVODENCE PAGE 4 OF 7 1284/1229 PaIll/Gomes/Cds P LATENT PROCESSING MP MAGNA POWDER F FREEZER N NINHYDRIN S SWAB R RELEASED (SEE BELOW) C CYANOACRYLATE 0 DFO LOCATION FOUND DESCRIPTIOM R R6G SP STICKY PRINT OTHER: COLL. BY! INIT. PROC. REC FROM STATUS USED DATE LAT. +/- BOOKED (1)cellphone,LG,AT&T,blk case s/e bedroom on plastic case 1284 b n/a ilia 10/04/11 x) along west wall 1078 x x x x (1)cellphone,Sony Erickson,green,in s/w bedroom on couch,center of 1284 b n/a n/a 10/04/11 x black leather case room 1078 x x x x 13 (1)cellphone,Nokia,AT&T, n/e bedroom, on dresser on 1284 b n/a n/a 10/04/11 red west wall 1078 x x x x (1)Laptop,Acer s/w bedroom s/w corner dresser 1284 b n/a rila 10/04/11 sentqu x 1078 x x x x 15 (2)water control swabs lot:15-B0,exp:02/12 at scene 1229 bf n/a n/a 10/04/11 16 (2)red stain/(2)control swabs * A sidewalk,northern most sample 1229 bf n/a n/a 10/04/1 17 (2)red stain/(2)control swabs # B sidewalk, mid trail 1229 bf n/a n/a 10/04/11 18 (2)red stain/(2)control swabs # C sidewalk, IFO 1229 bf rila n/a 10/04/11 11 x 12 X 14 x Funston St CHAIN OF CUSTODY °TEM # DESCRIPTIOM RELEASED BY RECEIVED BY DATE TIME SFPD 235E (08/08) Page S' of S SFPD 110796498 000085 11NUDEVIT NUMBER: II 07966969 10/63/11 Funston M c.sai , PuMlliGomes/Cds STATUS CODES: SAM FRAMCBCO POUCE DEPARTIFEHT CoSA. EVEDEMCE HVEHTORY az PROCESSMG DATE: LOCATllON: E BOOKED STAR: D DRYING PR•CESS CODES: BP BLACK POWDER DTEDfi # EVIDENCE PAGE 5 OF 7 1284/1229 P LATENT PROCESSING PAP MAGNA POWDER DESCRIPTION F FREEZER N NINHYDRIN S SWAB D DFO R RELEASED (SEE BELOW) C CYANOACRYLATE LOCATION FOUND R R6G SP STICKY PRINT OTHER: COLL. BY / T. PROC. REC FRCIfi STATUS USED LAT. +1- DATE B - OOKED 19 (2)red stain/(2)control swabs # D linoleum floor,inside doorway 1229 b/f n/a n/a 10/04/11 20 (2)red stain/(2)control swabs # E south wall of staircase 1229 b/f n/a n/a 10/04/11 21 (2)red stain/(2)control swabs * F exterior front door knob 1229 b/f n/a n/a 10/04/11 22 (2)red stain/(2)control swabs* G white painted banister 1229 b/f n/a n/a 10/04/11 23 (2)red stain/(2)control swabs # H pattern shape,hallway carpet 1229 b/f n/a n/a 10/04/11 24 (2)red stain/(2)control swabs # I hallway floor, coagulated pool 1229 b/f n/a n/a 10/04/11 25 (2)red stain/(2)control swabs* J hallway fir btvvn kit/ 1/2 bath 1229 b/f n/a n/a 10/04/11 26 (2)red stain/(2)control swabs # K south wall, hallway 1229 b/f n/a n/a 10/04/11 27 (2)red stain/(2)control swabs # L west door frame to kitchen 1229 b/f n/a ilia 10/04/11 28 (2)red stain/(2)control swabs # NI 1/2 bathroom floor 1229 b/f n/a n/a 10/04/1 29 (2)red stain/(2)control swabs # N east door frame kitchen ent. 1229 b/f n/a n/a 10/04/11 30 (2)red stain/(2)control swabs # 0 kitchen items 1229 b/f n/a n/a 10/04/11 CHAIN OF CUSTODY DIEM # DESCRDPTOON1 RELEASED BY RECEIVED BY DATE TIME SFPD 235E (08/08) Page & of SFPD 110796498 000086 INCIDENT NUMBER: 1 W796498 10/03/11 Fuson St ,? . STAR: B BOOKED D DRYING PROCESS CODES: P:P BLACK POWDER ITEM # EVIDENCE PAGE 6 OF 7 128641229 PulkinomesiCds STATUS CODES: SAM FIRAMCBCO [DOUCE IDEPARTHEMT C.S.L EVIDEMCE [IMVIEMTORY a PROCESSN\1 DATE: LOCATIOM: P LATENT PROCESSING Pur][g MAGNA POWDER F FREEZER H NINHYDRIN S SWAB D DFO R RELEASED (SEE BELOW) C CYANOACRYLATE LOCATION FOUND DESCRIPTION R R6G SP STICKY PRINT OTHER: COLL. BY! INIT. PROC. REC FROM STATUS USED LAT. +/- DATE BOOKED 31 (2)red stain/(2)control swabs # P linoleum floor,kitchen sink rm 1229 b/f n/a n/a 10/04/11 32 (2)red stain/(2)control swabs #Q kitchen sink rm, on counter 1229 b/f n/a n/a 10/04/11 33 (2)red stain/(2)control swabs* R north hallway wall 1229 b/f n/a n/a 10/04/11 34 (2)red stain/(2)control swabs # S south wall of hallway 1229 b/f n/a n/a 10/04/11 35 (2)red stain/(2)control swabs # T east wall of hallway 1229 b/f n/a n/a 10/04/11 36 (8)house keys/(1)garage remote keys from (s)wall hook in 1284 r n/a n/a n/a x x hallway by stairs. remote x x x x x x from CA/ x x x x x x , 4tbi• ‘# r-40 CHAIN OF CUSTODY ITEM ifir: -, DESCRIPTION RELEASED BY RECEIVED BY DATE TIME SFPD 235E (08/08) Page of FS' SFPD 110796498 000087 1 INCIDENT NUMBER: li k cor-fq1,-A3,, 1 LOCATION: 7 if 7? 1 C.S.I.: STAR: , EVIDENCE PAGE OF \ c.A..., \ \ i STATUS CODES: SAN FRANC11SCO POUCE DEPARTMENT C.S.fi. EV11DENCE 11NVENTORY & PROCESSNG DATE: B BOOKED D DRYING PROCESS CODES: BP BLACK POWDER ITEM # P LATENT PROCESSING MP MAGNA POWDER F FREEZER q NINHYDRIN S SWAB 0 DFO R RELEASED (SEE BELOW) C CYANOACRYLATE LOCATION FOUND DESCRIPTION R R6G SP STICKY PRINT OTHER: COLL. BY / INIT. PROC. REC FROM STATUS USED LAT. +/- DATE BOOKED -,, ----'------__,,,, , ----...., -,,,..„..,. ------.., • --.._ -------,_ ---- r - CHAIN OF CUSTODY ITEM # DESCRIPTION RELEASED BY DATE RECEIVED BY / /.: -7 i / 6/ --,-( ( TIME i 1 SFPD 235E (08/08) page 8 of EV SFPD 110796498 000088 DATE /TIME RECEIVED 0700 10/4/11 D7ATE71WEREQUESTED SAM FRAMUSCO POUCE DEPARTHEHT FIREARM HWORHATIION REPORT gig) OFFENSE REQ BY 187 - CAS SFPD COMPLAINANT lut N/ PHONE DATEJTIME D LEFT ARRIVAL TIME RUNDATE SFPD LoCKFTOITOFRUIKI- CSO ISTAR HOJ NAJARRO #1078 y Ofc Comes REVOLVER El E_ UNIT STAR Nil took custody SHOTGUM PISTOL CS S COMES #911 of firearm fr©m Ofc Lson #176 ©LE OTHEREI MAKE: Remington MODEL: Magnum, Wingmaster SERIAL #: CALIBER: 12 GA. BARREL LENGTH: FINISH: Black < LE AMMO NOTES: Black finish with orange stock HEADSTAMPS: ALL IDENTICAL < GRIPS PRESERVED: YES ■ BY # 8 a: 8 "12 * 12*" VARIED • : NOTES: _ _ WATER LOT#: UNK. .0" NO M EXP. DATE: / GRIPS SWABBED: YES ■ NO L N/A M BY# SWABS BOOKED JH FREEZER: DATE: _ CHECK APPLICABLE BOXES: MAGAZINE IN WEAPON? Y El N El N/A N UNLOADED PRIOR TO CSI? Y PROCESS METHOD: POWDER El N/AEl WEAPON COCKED? Y PROCESSED? YI=1 N ,41. CYANOACRYLATE N El N/A N El SAFETY ON? Y N LATENTS? Y N/A El R6G El OTHER: NOTES/ADDITIONAL !TENS BOOKED WITH FIREARM One shell hl the chamberr, safety on two sheNs M shotgun. Hve sheHs hi eDastlic shell hoOder strapped around stock of shotgun. Booked bilack Mae& case with flrearrn and shells. ADDITIONAL FORMS ATTACHED: El CSI RESPONSE 235 El FIREARM REPORT 235A I=1 EVIDENCE INVENTORY 235E REVOLVERS: ROTATION — CW El ccw El El OTHER: MAGAMHE-FED WEAPOHS: CHAMBER: LOADED 1:* 2: * 3: * 4: * 5: * 6: * EMPTY 1=1 MAGAZINE: # OF CARTRIDGES: 2 TOTAL CARTRIDGES: 3 [FIREARM& COMTEHTS BOOKED OH: 10/5/11 BY # 1284 SFPD 235A (Rev 09/08) SFPD 110796498 Page 1 of 1 000089 _ ,San Frrandsco Po `jch, C[ilms Scene Imyestioietrions UnK :Scans ObservajonsiKcAss Case Number: 11[0796430 Date: 11.0/03/H Tfime:, 0040 Locagollii: Furffistora St Pfficer: Publin n234 Purpose of Response,: On 10/03/11 at approximately 0745hr.9 Operations Center contacted Off. Gomes #911 in regards to an officer involved shooting at Funston St. It was reported that several victims had been stabbed and responding officers had been involved in a shooting at this scene. Gomes notified myself along with Off. Cole #1229 and CPSA ZuercherValdespino #4698. ,Scene DeserfoNo Gomes, Cole, Zuercher, and I arrived on scene at 0840hr. The scene at Funston St. was located on a residential block between Balboa and Cabrillo St.. There was yellow scene tape across the intersection of the south side of Balboa and Funston St. as well as midway between Funston St. to Cabrillo St. The east side of Funston St. was made up of residences, were as, the west side of the street was completely filled with maintained vegetation. A secondary yellow taped area was established around the front of the residence in question as well as the home to north of it which had house numbers of and There were several marked police vehicles parked in front of the scene. Off. Hernandez #1608 was maintaining a crime scene log. The residence of Funston St. was a two story flat with the apartment entrances to the north and a garage entrance to the south. Three potted plants were staggered across the front of the property. The entrance to the building had a metal gate that was opened to a blood stained tiled floor. Two windowed doors were inside the metal gate. The north door numbered was closed but the door numbered was open and led immediately to an ascending stairway. From outside, blood was visible inside of the residence, in the entryway, with drops trailing on the sidewalk as far down as four residences to the north with house numbers of and Pbsell-vatons: We made contact with (3G104) Sgt.Gray #1304 who relayed that the victims of this incident had been transported to the hospital. Members of CSI and Gray placed foot booties on and Gray walked us through the scene. In front of Funston St. was a red stained, wooden handled knife, with the blade end stuck downward in the dirt of the north 110796498 SFPD 110796498 Page of K.P #1284 5)0 of 000090 most planter. This planter was just to the north of the front metal gate on the sidewalk along with various rubber gloves and medical debris. As we entered the tiled front entrance just inside of the metal gate, the blood on the entryway tile was in a smear that led from the unit toward the metal gate. The stairs and accompanying banister inside of the unit also had red stain. The interior carpeted, stairway at the top turned to the south and Gray pointed out various items of evidence at the top of the stairway and on the hallway floor. These items included various pieces from the Extended Range Impact Weapon round including the bean bag, cap, and shell. There was also a small pile of blood stained clothing and two knives. The two knives were sitting atop each other in a criss-cross fashion and the top knife blade was obviously bent. A cartridge casing in the hallway was pointed o t by Gray and had been marked with an index card. The long, narrow, carpeted, hallway ran from east to west in the unit and there were multiple entryways which led off of the hallway. At the top of the unit stairway was a much cluttered bedroom that was opposite and off to the south west. The west end of the hallway had a living room/office room with no outlet. The east end of the hallway was longer and a red linear blood smear stain on the carpet appeared to originate near an approximate mid point where a large pool of coagulated blood was. The linear smear seemed to run from the mid point east hallway to the west end of the hallway at the stairway opening. Also at the east hallway midpoint was blood spatter on both sides of the wall. Where the approximate mid point of the east end hallway was, were two room openings. To the north of the approximate mid point was a small room with only a toilet. The seat was up and on the tiled floor was a large amount of blood and a yellowish, thick, looking liquid. A window was slightly opened a few inches in the toilet room. However, pins above the window allowed it to open approximately an inch further. Opposite the toilet room and more to the east was a framed entry way that led to a kitchen area. The floor of the kitchen was linoleum and there was a red stained drip trail across the floor and into a small sink room to the west. The sink room had a cabinet with red stain on the face of the cabinet itself as well as various items on the top east side which included a butcher block with multiple knives. There was blood spatter on the east kitchen wall, ceiling, and items along that wall. The doorway to the kitchen had red stain spatter as well. Near the end of the east side hallway was a full bathroom on the north side. At the foot of the tiled entry way of this bathroom was a bullet which had been marked by an index card. Two bedrooms were at the east end of the hallway. The north rear bedroom was visible from the hallway unlike the south east bedroom. On the hallway side of the south east bedroom door were visible scuff mark and a pin on the inside of this door, which appears to have served as a latch, was bent in an upward direction. 110796498 SFPD 110796498 Pagei—of K.P #1284 n of pi 000091 A wall defect was located on the hallway wall opposite the full bathroom as well as a defect on the exterior door frame of the north east bedroom. Both of these possible bullet strike defects were documented and swabbed as possible evidence. Evidence Collection: Sgt. Kamita #1392 took photographs and Insp. Nakanishi #1072 took video of the scene. Off. Cole placed numbered markers on the items of evidence as well as alphabetical markers on items which she later swabbed. Off. Gomes took measurements and prepared a diagram of the scene. Off. Gomes also took notes for a blood stain/wall defect report. I took scene notes and along with Off. Cole collected the numbered evidence. I collected three cell phones at the request of Lt. Sainez that were located inside of the house. In the south west bedroom I also collected eleven business cards that were visible on a dresser just inside the bedroom door as well as a laptop computer. Off. Gomes took custody of an Extended Range Impact Weapon from Off. Ison #176. This was taken from inside the trunk of police vehicle #1260. All items seized were photographed prior to collection. Off. Cole discovered a small metal fragment on the kitchen floor which was photographed and collected. An additional search for any other casings or slugs was conducted to no avail. Upon leaving the scene we were unable to locate any keys for access to the front gate. We did however locate keys hanging on a wall hook in the hallway to the rear garage door access as well as vehicle keys. Inside of the garage was a Cadillac One key fit the Cadillac and a garage remote could be seen in a interior roof holder. Lt. Sainez was contacted regarding the situation and stated that we could retrieve the remote in an attempt to regain access. I collected the remote and discovered it in fact did open the garage door. I placed a coroner's seal on the front door which was locked and a coroner's seal on the rear stairwell door which was unlocked. All items were transported back to CSI. The two knives marked item #6 at the scene were brought to photo lab for photographic images with preservation for DNA collection. The clothing collected at the scene, marker #5, was turned over to the coroner's office. Off. Cole packed all of the swabs collected at the scene and turned them over to me to book into evidence. All of the evidence was booked in at the HOJ. 110796498 SFPD 110796498 Page$of K.P #1284 of vi 000092 -11 - t•-•15.11, L9L , -\ 1, CI t 9,--FD LAS 141-3FTi' .—--- -, ( .2 p.u u- ,o4-3T V u-,.v 04 J; . • ,)- ....-----..-----.. ---- 0 ; 1 - r1C-0 —t VJA6N ROOM 61-1E-LF" 0 0.106E-1 ' E Li= 6 if r„fk4 r (Net i>e • v „ SEAN BACi (7 3 DIst•G (6--qw) ."--- 01 z+ • cAdexig, /LT) 6 6, 0.A , c,1, 1t/4"..smve'-c 1 sfri ELZ ,- „ 911 • Z L1 LL-5izlv,/ 01 0 bt,0":6-1 t:)(2 IP VA _._04.37) p-60 1. . q") 1 Ae,t_p; 6-1:/1-11,L6/1 F'k 13 LO t5b?.1) OM 0. I, 00‘It'l PITE, U NiX4f?0 Pit Viv I SFPD 110796498 '2.1) • If Liv . ..•• ._..„ 000093 15 o , er-126,-A P t, L't lo DI11'E ti\,) - - &L,,f 0 r-/1[‘ 1r DC—f -kra, 1 , p166 2004 1 Cir. 1'0 E > -• FP(11-1P,:09ivi CA 1-5' - ttai-120.011v1 \ SFPD 110796498 000094 - )1: 54> I No I., ,-, •g L- . . r,411 OT.4 fA-F t) DeAri,r • ? - AZ171 I r I k1:5' !, - • \JV . ,..• .., 4 , -,c.._ I e:‘_,i,--,..- - fi , ,--7-- •,, ) ,.— 1 , , 4 ,,. :, i • :, , ,,,,r, C\ 1.• 1 f li it', -----.: • .,.., - , i .., ; i, ,...• , f _ I WAILAPAY • • Bti •- SFPD 110796498 • • -- • \f, f',!‘..;c7)vj • - • . 000095 • .,1• 41,),e.a‘ : , t -- 1,1,0 1)1 i 0 \J L / ,„\, , ir\i-.141 1 P L IPM v - H _ LI 3 /2 / f Ii 1 ‘ ,\ t , i \ (6)• KM. y EA61- C.)-) P-C3t,WC, 04 -ST: II corzbtNiqt rote, 13 - •. • •• • - • •• • . 4 • /2 1„." , P112,e, 1 SFPD 110796498 1Z2 cr\',. • • r 000096 796 4396 CASE # DATE /TIME RECEIVED SALM FRAHCBCO POLICE DEPARTHEMT FOREARM IMFORMATI1OH REPORT -w-jg1 OFFENSE *DS - 221 _ j] 10/03/11 13:50 --DATETTMEREWESTED REQ BY I STAR UNIT CUNNINGHAM 1 650 5H COMPLAINANT N/i. " a' D LEFT III PHONE / RUNDATE ARRIVAL TIME 10/03/11 13:55 cs0 / STAR CUNNINGHAM #278 SFPD HOPMCODE CSO / STAR —14-EiViAl4K8 n-NSTRITCITONS ROUEDE #974 REQUEST BY HOPMCDDE TO COLLECT OFF110ER'S WEAPOM M US. REVOLVER El DATE/TIME SHOTGUN It] POSTOL >0 RIIELLEEl °THEREl EA MAKE: SIG SAUER MODEL: P229 SERIAL #: LA CALIBER: 40 BARREL LENGTH: 4 ONCHES FINISH: BLK/BLK (cl_ < _ NOTES: HEADSTAMPS: ALL IDENTICAL : WINCHESTER 40 Mill VARIED 1:1 : 2 .471 NOTES: cct GRIPS SWABBED: YES El NO GRIPS PRESERVED: YES El BY #N/A NO El UNK. El WATER LOT#: EXP. DATE: / El N/A E BY# SWABS BOOKED W PRESSES: SATE: CHECK APPLICABLE BOXES: MAGAZINE IN WEAPON? Y i4 N I=1 N/A UNLOADED PRIOR TO CSI? Y I=1 PROCESS METHOD: POWDER E] WEAPON COCKED? Y El N G SAFETY ON? Y El N El E1 LATENTS? YEl N PROCESSED? YE] N I=1 N/A [E] N X4 N/A r=1 CYANOACRYLATE R6G El N/A El OTHER: NOTES /ADDITIONAL ITENIS BOOKED WITH FIREARO: SERVICE WEAPON, MAGAZINE & CARTRIDGES COLLECTED FROM OFF. HEPPLER #1726 - PO/A OFFOCE-1430 HRS. RANGEMASTER, SHIHADEH #1612 ON SCENE. PvidAGAZONES HOT W/OFFOCER. PHOTOS TAKEN OF LISTED OTEMS. ADDITIONAL FORMS ATTACHED: El Cs! RESPONSE 235 El FIREARM REPORT 235A REVOLVERS: ROTATION — CW El El EVIDENCE INVENTORY 235E ccw El El OTHER: HAGAZONE-FED WEAPONS: CHAMBER: LOADED El MAGAZINE: # OF CARTRIDGES: 10 1: * 2: * 3: * 4: * 5: * 6: * EMPTY TOTAL CARTRIDGES: 11 SMARM & CONTENTS BOOKER OH: 10/03/11 BY # 278 SFPD 235A (Rev 09/08) SFPD 110796498 Page 1 of 1 P3,) 000097 11 .Ji DATE /TIME RECEIVED SAN FRAHUSCO POUICE DEPARTWENT 10/3/11 CASE # ( L. 796 498 CRRE SCEHE RESPOUSE FORP61 OFFENSE: img-r u 187 OBS" REQ BY CUNNINGHAM COMPLAINANT STAR UNIT 650 5L. PHONE NPLD 1r LEFT 10/3/11 —1_00-A-rro1TOERU11 / ARRIVAL TIME 1355 C-SOTSTAR CUNNHMHAN/278 5L23 HO ni C ED E KLIVIARKS71ISTSTRUC1019STOOK POSSESSION OF CLOTHNG FROM ESP. CUNHNGHAM BY CS I. NO 0 DATE/TIME iii RUNDATE SFPID PHOTOS: 1350 ----DA-1-ET111v1E1- EQUE— YfED PS I ROUEDE/974 511_54e, .,,,L,,, BY RESPONDING OFFICER. 0 BY PHOTO LAB 0 LATENT FINGERPRINT PROCESSING RESULTS: LATENT PRINTS DEVELOPED: YES 0 MO 1:1 N/A AFIS QUALITY? YES LI NO El TBD El # OF LIFT CARDS AFIS ENTRY DATE: N/A 0 UNIDENTIFIED USEABLE LATENTS REMAIIHING IN FILE? Y LI NO TBD 0 PROCESS USED: SEE 235E FORM ID MADE: Y El (SEE 235D) N El AS OF (date) COMMENTS/ NOTES/ P.O.E. RESPONDED TO HOMICIDE AND TOOK POSSESSION OF CLOTHING FROM INSP. CUNNINGHAM#650. CHECK, ALL FORMS ATTACHED TO THIS REPORT: LI FIREARM PF,CORMATFONI REPORT (235A) LI BIOLOGICAL EVIDENCE COLLECTION REPORT (235B) LI GUMSHOT RESIDUE REPORT (235C) 0 COMPARISON REQUEST & ID FORM (235D) El < EVIDENCE INVENTORY (235E) LI VEHICLE PROCESSING REPORT (235F) LI CRIME SCENE REPORT! NOTES LI CRIME SCENE DIAGRAM El X & Y COORDINATES 0 OTHER (IF BOXES ARE NOT CHECKED, NO ADDMIONIAL INIFORMATION IN INITIAL C.S.I. REPORT) SFPD 235 (REVISED 08/08) SFPD 110796498 Page 1 of 2 000098 11HaDENT NUMBER: 110 796 698 350 B SAN FRANCISCO POUCE DEPATENT C.S.1. EVIDENCE INVEHTORY Z PROCESSOMO DATE: LOCATDON: ent Sit, Ha-Maids 10/3B11 c.s.i.: STAN' CunnMgham/278, Ramds/9761 974 STATUS CODES: E BOOKED D DRYING PROCESS CODES: BP BLACK POWDER ITEM # EVIDENCE PAGE 1 OF 11 P LATENT PROCESSING MP MAGNA POWDER F FREEZER N NINHYDRIN S SWAB D DFO R RELEASED (SEE BELOW) C CYANOACRYLATE LOCATION FOUND DESCRIPTiON R R6G SP STICKY PRINT OTHER: COLL. BY! HT. PROC. REC FROM STATUS USED LAT. +1- DATE BOOKED 1 - Long sleeve light blu shirt Homicide(Items 1-5 see below)• 650 B/F N/A N/A 10/3/11 "Offshore Panama '86" w blood Worn by 650 B/F N/A N/A 10/3/11 2 1-Sweats blk w blu drawstring w blood Worn by 650 B/F N/A N/A 10/3/11 3 1 - Tee shirt (white) size M w blood Worn by 650 B/F N/A N/A 10/3/11 4 1 - Sweater (blu) size M w blood Worn by 650 B/F N/A N/A 10/3/11 5 2 - grey socks "USA" w blood Worn by 650 B/F N/A N/A 10/3/11 Homicide 650 B N/A N/A 10/3/11 I 6 2-Manilla Envelop which held Items 1-5 CHAIN OF CUSTODY ITEM # DESCRIPTION RELEASED BY RECEIVED BY DATE TIME SFPD 235E (08/08) Page 1 of 1 SFPD 110796498 000099 110 796 498 CASE # . SAN FRANCISCO POLICE DEPARTMENT 1900 10/03/11 LAI E / I NE KLOUtb I tU CRIME SCENE RESPONSE FORM imgI OFFENSE: 187-0IS ri REQ BY CARRASCO COMPLAINANT DATE /TIME RECEIVED STAR UNIT 1599 3G S.D LEFT DATE/TIME / ARRIVAL TIME RUNDATE PHONE 10/03/11 SFPD 19:25 LucA 1 ioN Ul- (UN CSO / STAR RICHMOND STATION CUNNINGHAM #278 ia KtMAKKS / INS I KUU I IUNb CSO / S I AK CA76 COLLECT OFFICER CARRASCO'S #1599 BLUE JEANS PHOTOS: BY RESPONDING OFFICER 0 BY PHOTO LAB 0 BY C.S.I. NO LATENT FINGERPRINT PROCESSING RESULTS: LATENT PRINTS DEVELOPED: YES 0 NO 0 N/A AFIS QUALITY? YES El NO El TBD 0 # OF LIFT CARDS N/A 0 AFIS ENTRY DATE: UNIDENTIFIED USEABLE LATENTS REMAINING IN FILE? Y 0 NO TBD 0 , PROCESS USED: SEE 235E FORM ID MADE: Y 0 (SEE 235D) N AS OF (date) COMMENTS/ NOTES/ P.O.E. POSSIBLE VICTIM BLOOD OBSERVED ON FRONT OF RIGHT LEG AND REAR LEFT POCKET. CHECK ALL FORMS ATTACHED TO THIS REPORT: El FIREARM INFORMATION REPORT (235A) O GUNSHOT RESIDUE REPORT (235C) E] EVIDENCE INVENTORY (235E) o BIOLOGICAL EVIDENCE COLLECTION REPORT (235B) El COMPARISON REQUEST & ID FORM (235D) o VEHICLE PROCESSING REPORT (235F) O CRIME SCENE REPORT / NOTES El CRIME SCENE DIAGRAM o X & Y COORDINATES O OTHER (IF BOXES ARE NOT CHECKED, NO ADDITIONAL INFORMATION IN INITIAL C.S.I. REPORT) SFPD 235 (REVISED 08/08) SFPD 110796498 A , Page 1 of 2 000100 -tur INCIDENT NUMBER: 110 796 498 RICHMOND STATION . 10/0311 1 B BOOKED D DRYING PROCESS CODES: BP BLACK POWDER ITEM # 1 EVIDENCE PAGE 1 OF 1 278 CUNNINGHAM STATUS CODES: SAN FRANCISCO POLICE DEPARTMENT C.S.I. EVIDENCE INVENTORY & PROCESSING DATE: LOCATION: P LATENT PROCESSING MP MAGNA POWDER DESCRIPTION BLUE JEANS, 'OLD NAVY' BRAND F FREEZER N NINHYDRIN S SWAB D DFO R RELEASED (SEE BELOW) C CYANOACRYLATE LOCATION FOUND RICHMOND STATION R R6G SP STICKY PRINT OTHER: PROC. COLL. BY! INIT. USED REC FROM STATUS 698 BF N/A LAT. +/- DATE BOOKED N/A 10/03/11 , ........ ___ • ___ --- CHAIN OF CUSTODY ITEM # DESCRIPTION RELEASED BY RECEIVED BY DATE TIME SFPD 235E (08/08) Page 2 of 2 SFPD 110796498 000101 :San nrandsco ,co, Qtrins ©ens - nveapislUona UcfM oodatahl Pattern Repovilir Case Number: 110 796 498 Location: Funston Street Incident Date: 10/03/11 Prepared by Officer: T. Gomes Ingroducaon On October 3, 20111 responded to Funston Street to investigate an officer involved shooting scene. I responded with crime scene investigators Officers Pubill 1284, Cole #1229 and Police Service Aide Zuercher-Valdespino #4698. We arrived at approximately 0840hrs and left at approximately at 1400hrs. My focus of the investigation was to map the scene, to provide a diagram of the scene and provide a bloodstain pattern examination and report. Officer Rouede #1974, assigned to the photographic unit, responded to the scene and provided photographic documentation related to the bloodstain patterns. The bloodstains that I will describe in this report are assumed to be composed of human blood and representative samples of the apparent blood were collected and preserved for possible future analysis to verify or deny my assumptions. Upon arrival Sergeant Gray from Richmond Police Station gave us a briefing, walked us through the scene and pointed out the evidence. Sergeant Gray told us the following: There were originally three injured subjects at the scene. One was found in front of the house with cuts on hand and/or arm. The second subject was found in the hallway with cuts/stab injuries and subsequently dragged by an officer down the hallway, down the staircase to the front of the house. The third subject was encountered by officers in the hallway. The third subject had cuts/stabs injuries and was holding a knife, was engaged by police officers with an extended range impact weapon (ERIW) and a department issued semi-automatic pistol and had a possible gunshot wound(s). At the time of our arrival there were no injured subjects at the scene they had been transported to the hospital. Scene Descripgion Funston Street was the street address of the second floor residential unit of a two story two unit residential building. The first floor unit had the address of Funston. The building was located approximately midway on the east side of the 600 block of Funston Street, bordered by Balboa and Cabrillo Streets on the north and south respectively. The east side of the 600 block consisted entirely of residential buildings situated in a row and a paved sidewalk and street in front of the buildings. The west side of the 600 block consisted of rows of trees and shrubs (void of buildings) and was the east side of Park Presidio Avenue. T. Gomes Case number: 110 796 498 SFPD 110796498 1„ 000102 'AO The front doors of and were side by side at the sidewalk level within a small foyer behind a lockable iron security gate. The front door of was on the south side, behind it was a small landing and a flight of stairs leading to another small landing at the top. Adjacent to the top landing was a hallway approximately forty feet long aligned east-west with a carpeted floor. At the west end of the hallway was a living room that looked out to Funston Street and appeared to have been used as an office. On the south side of the hallway from west to east were respectively: a single bedroom and a kitchen. Within the kitchen on the east side was a small room that appeared to be used as a washroom and on the west side of the kitchen was another small room with a counter and a sink. On the north side of the hallway from west to east were respectively: a closet, a room with a toilet, a closet and a full bathroom. The full bathroom was connected to another closet to the east which was connected to a bedroom at the north-east side of the apartment. Next to the bedroom was another bedroom on the south-east side of the building. A small bedroom/storage room was at the east end of the residence and interconnected the two bedrooms. Observations of the loodstain Patterns es des At the scene I made the several notations regarding bloodstains and the following is a summary of my observations and activities regarding labeling the stains. Representative samples of each of the labeled stains and defects were collected by Officer Cole. * There was an apparent drip trail between Funston and Funston with a concentration of the drops in front of each residence. The drip trail, consisted of circular drops with spines on the edges, was located on the cement sidewalk and led to the street at mid-course. I labeled the drip trail on the sidewalk A, B and C. * There was a large transfer stain on the floor of the landing at the bottom of the front staircase that I labeled D. The transfer stain appeared to correspond to the transfer stain on the staircase and the foyer. The transfer stain in the foyer indicated directional movement toward the exterior (outbound). Some of the drops were wiped in the outbound direction by the transfer (swipe) stain. * There was a drip stain on the south wall of the staircase that I labeled E. The drip stain was below a transfer stain on the handrail. * There was a transfer stain on the exterior door knob of the front door that I labeled F. * There were transfer and drip stains on the white painted banister at the top of the staircase that I labeled G. * There was a rectangular shaped transfer stain on the carpet in the hallway. It was just west of the top landing and located near a cartridge casing, shot shell evidence, clothing and two knives. I labeled the stain H. * There was a large blood pool on the hallway carpeted floor, labeled I (near the stain labeled I-1). • There was a large blood pool on the hallway carpeted floor, labeled J, approximately 15 feet east of the stain labeled I. There was a corresponding transfer stain that appeared to be a drag pattern in the westbound direction in the hallway down the staircase and terminating at the foyer. T. Gomes Case number: 110 796 498 SFPD 110796498 000103 2, * There was a drip stain with the drops moving in the seven o'clock direction at the time of deposition on the south hallway wall that I labeled K. * There was a spatter pattern on the hallway side of the kitchen portal, labeled L, with drops moving in an upward direction above the pool labeled J. There was a corresponding spatter pattern, labeled N, on the east portal frame and the east wall of the kitchen with the same apparent converging location just above the level of the pool on the carpeted floor. There was another corresponding spatter pattern that I labeled R, with drops moving in an upward and eastward direction on the opposite wall in the hallway. The spatter pattern labeled R had a void pattern at a low level immediately east of the doorway of the single toilet room which can indicate the position of a subject at the time of the creation the spatter stains. * There was a pool of blood, labeled M, with an amber color liquid mixed in on the tiled floor of the single toilet bathroom. The bathroom was just west of the pool labeled J. * There were micro sized drops, labeled 0, on the horizontal surfaces of the various items on the table that was located against the east kitchen wall just inside the kitchen portal. * There was a drip trail, labeled P, on the linoleum kitchen floor from just inside the portal to the sink area. * There were drops, labeled Q, on the plastic counter surface next to a knife block resting next to the kitchen sink. * There was a small defect, labeled S, on the south wall in the hallway just east of the kitchen portal. It had a curved silver color metallic appearance and was possibly a skip mark made by a bullet impact. The surface of the defect was swabbed by Officer Cole for possible testing. * There was a small irregular shaped defect, labeled T, on the east wall at the end of the hallway that was possibly a bullet impact defect. The surface of the defect was swabbed by Officer Cole for possible lead/copper testing. Summary/Examinagion The drip trail on the sidewalk appeared to have been from a single source moving at a modest speed and did not have any accompanying spatter or cast off stains to indicate a violent struggle occurring outside the residence. The presence of the drip trail can support the report of the bleeding subject found in front of the residence who walked between Funston and Funston. The pooled stain on the carpeted floor hallway adjacent to the kitchen appeared to correspond to the drag marks (swipes) on the hallway floor, the staircase and the foyer. The dragged object evidently moved in the outbound direction away from the pool down the stairs and terminated in the foyer next to the sidewalk. Additionally, there were shoes, area carpets and a floor mat (located on the staircase and foyer) that appeared to have been moved in the outbound direction. The bloodstains and moved items can support the report of an officer dragging a subject from the hallway to the front of the house. The spatter stains on the kitchen portal frame, the adjacent south wall in the hallway and the adjacent north wall in the hallway were indicative of a subject positioned at a low level north of the source of the spatter (indicated by the void pattern) and impacting a source of blood at a level less that a foot from the floor (a subject lying on the floor). The T. Gomes Case number: 110 796 498 SFPD 110796498 S C., \,/ 000104 stains labeled L and N appear to converge at an area above the pooled stain labeled J. The spatter on the south wall in the hallway and the adjacent wall in the kitchen was observed at a level almost reaching the ceiling which can indicate a high level of force used. The location of the source of spatter stains was above the pooled stain in the hallway that also appeared to correspond to the drag marks which can indicate that the source of the upward travelling spatter stain was also the source of the pooled stain and drag marks. The patterns of the drops on the walls of the hallway, the banister in the hallway, the handrails and walls in the staircase, and the foyer can be indicative of a bleeding subject (possibly bleeding from the area of the left hand or arm) moving outbound along the path from the hallway to the foyer and the front of the residence transferring and dripping blood along the way. The drip trail on the kitchen floor was indicative of a bleeding source moving between the knife block at the kitchen sink and the kitchen portal. The drops on the kitchen floor were approximately circular which can indicate slow movement by the source. There was no spatter or cast off stains in the parts of kitchen where the drip trail was found which can indicate that a struggle did not occur in those parts of the kitchen. The pooled stain in the hallway floor next to the stairwell can indicate a stationary source. The transfer stains in the shape of a rectangle was possibly the impression of a knife handle. Two kitchen type knives were found nearby the rectangular shaped stain one of which possibly contributed to the rectangular shaped stain. The stains could support the report of a bleeding subject lying on the carpeted floor next to the stairwell in close proximity to two knives and a semiautomatic pistol discharge as well as an ERIW shotgun discharge. There were no spatter or castoff stains in that area. The defect on the south hallway wall marked S, east of the kitchen portal, was possibly a bullet strike and can be better defined by testing the swabbed samples for the presence of lead and/or copper (if needed). A bullet was found on the floor at the threshold of the bathroom and hallway. The cause of the defect on the east wall at the end of the hallway marked T could also be better defined (if needed) by testing for lead and/or copper. Evidence Collected Two samples of each apparent blood stain marked A through R were collected by swabs in addition to two samples of the (surface of) possible bullet defects on the walls marked S and T. All the samples were packaged at the Hall of Justice and labeled for freezer storage and transferred to the Property Control Division for storage and possible future examinations. Case number: 110 796 498 SFPD 110796498 T. Gomes 000105 Case# 2011-1001 MEDICAL EXAMINER'S REGISTER CITY AND COUNTY OF SAN FRANCISCO - RECORD OF DEATH Name: Alias: ADDRESS: 6 Funston Ave San Francisco DATE OF DEATH: 10/03/2011 TIME: DATE OF REPORT 10/03/2011 TIME: 9:34 AM REPORTED BY: Dr. Knudsen SFGH 10:03 AM REPORTED PHONE: PLACE OF DEATH: SFGH ZIP: TYPE OF CASE: PC 187 DATE AND TIME OF INCIDENT: 10/03/2011 PLACE OF INCIDENT: 7:30 AM ZIP: 94118 Funston Ave DATE NOTIFIED 10/03/2011 NEXT OF KIN: BIRTHDATE 94118 Ca 37 AGE SEX: 3 SS# RECEIVED AT MEDICAL EXAMINER: RACE A TIME: FUNERAL DIRECTOR RELEASED TO RELEASED DATE: 10/12/2011 TIME: 15:35 RECEIVED BY: CLOTHING RECEIVED: NO RELATIONSHI RELEASE SIGNED BY RESIDENCE SEALED: NO POUCH: HOSP INITIALS PROPERTY LISTING EVIDENCE LISTING INITIALS 2 Specimen Containers VERIFIED BY: WPA PUBLIC ADMINISTRATOR: DATE: PLACED IN BOX #: 10/5/2011 DATE NOTIFIED: CHECK#: RECEIVED AMOUNT: RECEIVED BY: RELATIONSHIP: DATE/TIME: RECEIVED BY: RELATIONSHIP: DATE/TIME: BODY SEARCHED BY: Hospital Staff AT: SFGH PREMISES SEARCHED BY: Not AT: PREMISES SEALED BY: Not DATE: EXAMINATION: M.D. PERFORMED BY: HAPPY EVIDENCE DISPOSITION: INVESTIGATORS: Justin Cozad CAMERON MULLINS #118 APPROVED COPY SFPD 110796498 000106 Case#: Name: [2011-1001 alias: Police Notified Yes Police_Office: Police_Officer: Homicide_Office: Homicide Officer: Notification Date: Notification Time: Richmond Wong #2005 Yes Cunningham . Fingerprints_Taken: Taken_By: JW Taken Date: To_SFPD_Date: To_CII_Date: To_FBI_Date: Photos_Date: SFPD 110796498 YES Police_At_Scene: Officer: Station: SFPD_Case#: Yes CSI Cole #1229 Richmond 110-796-498 AlB_or_HR_Notified: Date: AlB_Officer: Nature: palmprints_Taken: YES 10/06/2011I 02/07/2012 Match: Match#: NRNS Match: —1Match#: Match: Match#: 10/03/2011 Taken_By: J COZAD 000107 Case#: 2011-1001 \ffj MEDICAL EXAMINER / INVESTIGATOR'S REPORT CITY AND COUNTY OF SAN FRANCISCO - RECORD OF DEATH NAME: Date/Time of Death: 10/03/2011 9:34 AM SFGH PLACE OF DEATH Age: POLICE NOTIFIED POLICE STATION NOTIFIED POLICE OFFICER Yes Richmond Wong #2005 HOMICIDE NOTIFIED DATE TIME Ht: Sex: Wt: Race: HOMICIDE OFFICER Yes Cunningham MARITAL STATUS: IDENTIFIED BY: AT: DATE: FINGERPRINTS TAKEN PALMPRINTS PRINTS TAKEN BY DATE YES JW 10/06/2011 YES PHOTOS DATE: : TAKEN BY: J COZAD POLICE AT SCENE AT SCENE OFFICER POLICE STATION Yes CSI Cole #1229 Richmond SFPD CASE#: 10/03/2011 110-796-498 AIB or HR NOTIFIED: AIB DATE: AIB OFFICER: NATURE: CASE HISTORY The subject, a year old , resided at Funston Ave. where the incident occurred. The subject was in some manner a victim of multiple stab wounds. The subject was transported to the San Francisco General Hospital (SFGH), where died in the emergency department from the injuries sustained. According to information received from San Francisco Police, SFGH medical records and family of the victim, on 10/3/2011 at approximately 0720 hours, Police and Emergency Medical Services were notified of an apparent stabbing victim in front of Funston Ave. The victim, who is the of the deceased, stated had stabbed with a knife and was currently in the residence with . Police found the standing in the upstairs hallway with a knife in hand. The subject was lying in the hallway bleeding from body. Officers fired several rounds at the . During the altercation, the subject was removed in some manner from the residence. Emergency Medical Services emergently transported the subject to SFGH Emergency Department, arriving at 0816 hours. The subject's care was transferred to hospital staff and after a brief evaluation, emergency resuscitation efforts were attempted, death was pronounced at 0934 hours. This office was notified at 1003 hours, same date. Investigator Mullins and I were met in front of the residence by CSI Cole #1229. Investigation at the scene revealed numerous droplets of blood on the front entry way of the residence. The stairs, immediately entering the residence, had blood droplets on the steps. At the top of the stairs were SFPD 110796498 000108 Case#: 2011-1001 MEDICAL EXAMMER / INVESTIGATOR'S REPO CITY AND COUNTY OF SAN FRANCISCO - RECORD OF DEATH copious amounts of blood about the railing, floor, walls, ceiling and kitchen area. Several shell casing's were located on the floor, as well as a less-than-lethal projectile. At the hospital the subject was found lying supine on a morgue tray enshrouded in a pouch. The remains were cool to the touch with rigor mortis absent. Multiple stab-like wounds were noted to the upper torso, neck and arms. Gunshot residue samples were obtained and the hands were placed in new paper bags. The subject was transferred to the Office of the Chief Medical Examiner for further examination. The remains were sealed in a pouch, with pouch seal number 01650 attached. INVESTIGATOR: SFPD 110796498 Justin Cozad CAMERON MULLINS #118 000109 Case#: , 12011-1001 Name: I Date: Status: CLOSED alias: F r Time: Contact_Person: Contact_Phone: Comments: 02/08/2012 i 9:37L J Investigator: THOMAS MCDONALD #110 Date: Time: 03/30/2012 8:57 Contact_Person: Contact_Phone: Comments: 58 digital images reviewed. CD placed into Dr. Happy's box. Investigator: TAMY CHAN SFPD 110796498 000110 Homicide 10/07/2011 Sharp Injury 10/16/2012 AUTOPSY HAPPY 10/15/2012 CAUSE OF DEATH: STAB WOUNDS OF HEAD, NECK AND TORSO Print Report ; SFPD 110796498 000111 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. 2011-1001 Date & Time of Necropsy: October 5, 2011 0945 Hours Name: Age: Height: Weight: . PRELIMINARY EXAMINATION: The body is received in a sealed (seal #01650), white plastic pouch, which is opened on October 5, 2011 at 0945 for autopsy examination and is identified by a Medical Examiner's label affixed to the left great toe and hospital labels on the right great toe and left wrist. When first viewed, the decedent is unclad and accompanied by a sealed, clear plastic bag labeled GUNSHOT RESIDUE (GSR) KIT, containing two gunshot residue collection devices found in the white plastic pouch. No other clothing or personal effects are received. EXTERNAL EXAMINATION: The body is of a well developed, well nourished, adult whose appearance is consistent with the reported age of years. The body is cold (refrigerated). Rigor mortis is marked and symmetric. Fixed, red livor mortis extends over the posterior surfaces of the body, except in areas exposed to pressure. The face is described below under, "EVIDENCE OF INJURY". The head is atraumatic, symmetric, and normocephalic. The scalp is described below under, "EVIDENCE OF INJURY". The scalp hair measures approximately 2-1/2 inches in length over the crown. The eyelids are atraumatic, intact, and unremarkable. The irides are brown and the corneas are clouded. The sclerae and conjunctivae are remarkable for bilateral, moderate to marked numbers of red, pinpoint, tightly spaced petechial herhorrhages on the bilateral sclerae and conjunctivae. There are also numerous cutaneous petechiae on the periorbital skin, anterior neck, upper chest and arms extending to the level of the nipples. The nose and right ear are described below under, "EVIDENCE OF INJURY". The left ear is not unusual. The irregularly absent upper teeth are natural and in adequate condition. The lower jaw is edentulous, without dentures in place. The neck is described below under, "EVIDENCE OF INJURY'. The trachea is palpable and midline. The thorax is well developed and symmetrical. The abdomen is flat. The anus is unremarkable and back is described below under, "EVIDENCE OF INJURY". The breasts are well developed, without palpable masses. The genitalia are those of a normal adult . The upper and lower extremities are well developed and symmetrical, without absence of digits. There is no clubbing or edema. EVIDENCE OF MEDICAL THERAPY: There are five electrocardiogram patches on the bilateral, mid-, and lower left chest. There is one electrocardiogram patch on the lower right abdomen. There are defibrillator pads on the left chest and lateral left abdomen. There is an endotracheal tube in place. There is an intravenous catheter in the lower left neck. There are chest tubes entering the pleural cavities through 1 inch stitched incisions in the left and right lateral chest. There is an inflatable blood pressure cuff surrounding the upper right arm. There are intravenous catheters in the right antecubital fossa and the ventral right wrist. There Page 1 SFPD 110796498 000112 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. 2011-1001 Name: Date & Time of Necropsy: October 5, 2011 0945 Hours is a pulse oximeter on the right third (middle) finger. There is an intravenous catheter in the left inguinal fossa. There is a Foley catheter and a temperature probe in the urethral meatus. There is an intraosseous catheter inserted into the left anterior shin. There is a pulse oximeter on the left third (middle) finger. TATTOOS AND SCARS: There are bilateral, dark brown vertically oriented, 6-3/4 inch, well-healed linear scar on the lateral left hip. There is a EVIDENCE OF INJURY: There are sharp force injuries of the head, neck, torso and left upper extremity. These are described by body region and labeled "A" through "X" for •descriptive purposes only; no sequence of injuries is implied. The directions are stated with reference to the standard anatomical planes with the body measured in the horizontal position. There are also blunt force injuries of the head, torso and upper extremities which will be described after the sharp force injuries. SHARP FORCE INJURIES OF HEAD AND NECK: A) STAB WOUND OF LEFT TEMPLE: A stab wound of the left temple of the head is centered 3-1/8 inch from the top of the head and 3-3/4 inch left of the anterior midline. It is oriented diagonally with a sharp angle directed superior posterior and a 1/16 inch blunt end directed inferior and anterior. It is 1-1/4 inches long on the surface of the skin. After perforating the skin and soft tissues of the left temple the knife perforated the .petrous portion of the left temporal bone, perforated the pole of the left temporal lobe of the brain and proceeded into the left Sylvian fissure, where it damaged several branches of the left middle cerebral artery. Associated with the wound track are approximately 15 ml of liquid and clotted, dark red subdural hemorrhage and diffuse, dark red, thin (0.1 cm) subarachnoid hemorrhage present over the bilateral cerebral convexities and especially prominent over the superior and inferior surfaces of the left temporal lobe of the brain. The direction of penetration is left to right, front to back and downward. The estimated depth of penetration is approximately 3-1/2 inches. B) STAB WOUND OF THE UPPER LEFT NECK: A stab wound of the upper left neck is centered 8 inches from the top of the head and 3-1/2 inches left of the posterior midline. It is oriented horizontally with a sharp angle directed anteriorly and a 1/16 inch blunt end directed posteriorly. It is 1 inch long on the surface of the skin. After perforating the skin of the upper left neck the knife proceeded into the soft tissue of the left neck. The direction of penetration is slightly left to right, front to back and downward. The estimated depth of penetration is approximately 1-1/2 to 2 inches. No major blood vessels or nerves were injured. Page 2 SFPD 110796498 000113 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. 2011-1001 Name Date & Time of Necropsy: October 5, 2011 0945 Hours C) STAB WOUND OF RIGHT EAR: A stab wound of the right ear is located 6-1/2 inches from the top of the head and 41/2 inches right of the posterior midline. It is oriented vertically with a sharp angle directed inferiorly and a 1/16 inch blunt end directed supeiiorly. It is 1 inch long on the surface of the skin. After perforating the right antihelix (inner portion) of the earlobe the knife proceeded into the soft tissue of the upper right neck. The direction of penetration is slightly right to left, front to back and downward. The estimated depth of penetration is approximately 3-1/4 inches. No major blood vessels or nerves were injured. D) STAB WOUND OF UPPER RIGHT NECK: A stab wound of the upper right neck is centered 6-1/2 inches from the top of the head and 4-1/2 inches right of the posterior midline. It is oriented diagonally with a sharp angle directed to the inferior anterior and a 1/16 inch blunt end directed superior posterior. It is 1-1/4 inches long on the surface of the skin. After perforating the skin of the upper right neck the knife proceeded into the underlying soft tissue. The direction of penetration is slightly right to left, front to back and downward. The estimated depth of penetration is approximately 3-1/4 inches. Small branches of the right carotid artery are injured and a 5 x 4 x approximately 2 inch area of soft tissue hemorrhage surrounds the wound track. No major blood vessels or nerves were injured. E) STAB WOUNDS (4) OF INFERIOR RIGHT OCCIPITAL SCALP: A closely spaced cluster of four stab wounds is centered 5-1/2 to 6-1/2 inches from the top of the head and 1 to 2-1/4 inches right of the posterior midline on the lower right occipital scalp. They are oriented approximately vertically and have sharp angles directed inferiorly and 1/16 inch blunt ends directed superiorly. They measure from 3/4 to 1-1/4 inches long on the surface of the skin. The wound tracks of these stab wounds penetrate into the underlying soft tissue but do not injure any major blood vessels or nerves. The directions of penetration are slightly left to right, back to front and downward. The estimated depth of penetration for these wounds is from 2-1/4 to 3-1/4 inches deep. F) STAB WOUND OF INFERIOR MID- OCCIPITAL SCALP: A stab wound of the inferior mid-occipital scalp is centered 7-1/4 inch from the top of the head in the posterior midline. It is oriented diagonally with a sharp angle directed to the upper right and a 1/16 inch blunt edge directed to the lower left. It is 1 inch long on the surface of the skin. After perforating the skin of the occipital scalp the knife proceeded into the underlying soft tissue. The direction of penetration is slightly Page 3 SFPD 110796498 000114 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. Name: • 2011-1001 Date & Time of Necropsy: October 5, 2011 0945 Hours left to right, back to front and downward. No major blood vessels or nerves were injured. The estimated depth of penetration is approximately 2-1/2 inches. G) STAB WOUND OF THE INFERIOR LEFT OCCIPITAL SCALP: A stab wound of the inferior left occipital scalp is centered 6-1/4 inches from the top of the head and 3/4 inch left of the posterior midline. It is oriented at an approximate 45 degree angle. It is 1 inch long on the surface of the skin. After perforating the skin of the scalp the knife penetrated the underlying soft tissue. The direction of penetration is back to front, slightly right to left and downward. The estimated depth . of penetration is approximately 3 inches. H) STAB WOUND OF RIGHT OCCIPITAL SCALP: A stab wound of the right occipital scalp is located 5-1/4 inches from the top of the head and 1-1/4 inches right of the posterior midline. It is oriented vertically with a angle. It is 5/8 of an inch long on the surface of the skin. After perforating the skin of the scalp the knife penetrated into the underlying soft tissue. The direction of penetration is back to front, slightly right to left and downivard. The estimated depth of penetration is approximately 1/4 inch. I) INCISED WOUND OF RIGHT OCCIPITAL SCALP: There is an incised wound of the right occipital scalp located 5-1/2 inches from the top of the head and 2 inches right of the posterior midline. It is oriented at an approximate 45 degree angle and is 5/8 inch long on the surface of the skin. The estimated depth of penetration is approximately 1/4 inch. This incised wound did not injure any major nerves or arteries. J) INCISED WOUND OF INFERIOR LEFT OCCIPITAL SCALP: There is a 1 inch incised wound of the inferior left occipital scalp which is oriented horizontally and does not injure any major blood vessels or nerves. It is approximately 1/4 inch deep. SHARP FORCE INJURIES OF TORSO: K) STAB WOUND OF UPPER RIGHT BACK: A stab wound of the upper right back is located 8-1/2 inches from the top of the head and 1 inch right of the posterior midline. It is oriented diagonally. It is 1/2 inch long on the surface of the skin. After perforating the skin of the upper right back the knife perforated the underlying soft tissue. The direction of penetration is back to front, right to left, and downward. The estimated depth of penetration is approximately 1/2 inch deep. Page 4 SFPD 110796498 000115 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. 2011-1001 Name: Date & Time of Necropsy: October 5, 2011 0945 Hours _ L) STAB WOUND OF UPPER RIGHT BACK: A stab wound of the upper right back is located 11-1/2 inches from the top of head and 1-1/2 inches right of the posterior midline. It is oriented horizontally with a sharp angle directed to the left and a 1/16 inch blunt edge directed to the right. It is 5/8 inch long on the surface of the skin. After perforating the skin of the upper right back, the knife penetrated into the underlying soft tissue. No major blood vessels or nerves were injured along the knife track. Direction of penetration is back to front, right to left, and downward. The estimated depth of penetration is approximately 3/4 inch. M) STAB WOUND OF UPPER RIGHT BACK: A stab wound of the upper right back is located 9-3/4 inches from the top of the head and 1-1/2 inch right of the posterior midline. It is oriented vertically. It is 1 inch long on the surface of the skin. After penetrating the skin of the upper right back the knife penetrated the underlying soft tissue. The direction of penetration is back to front, right to left and downward. The estimated depth of penetration is approximately 4 inches. N) STAB WOUND OF UPPER LATERAL RIGHT BACK: A stab wound of the upper lateral right back is located 9 inches from the top of the head and 4-1/4 inches right of the posterior midline. It is oriented vertically with a sharp angle directed inferiorly and a 1/16 inch blunt edge directed superiorly. It is 11/8 inch long on the surface of the skin. After penetrating the skin of the upper lateral right back the knife penetrated the underlying soft tissue. No major blood vessels or nerves were injured. The direction of penetration is back to front, right to left and downward. The estimated depth of penetration is 1-1/2 inches deep. 0) STAB WOUND OF UPPER RIGHT BACK: A stab wound of the upper right back is centered 10 inches from the top of the head and 3-3/4 inches right of the posterior midline. It is oriented at an approximate 45 degree angle, with a sharp angle directed to the upper left and a 1/16 inch blunt edge directed to the lower right. It is 1/2 inch long on the surface of the skin. After perforating the skin of the upper right back the knife penetrated the underlying soft tissue. No major blood vessels or nerves were injured. The direction of penetration is back to front, right to left and downward. The estimated depth of penetration is approximately 1-1/2 inches. P) STAB WOUND OF UPPER RIGHT BACK: A stab wound of the upper right back is located 11-1/2 inches from the top of the head and 4-1/4 inches right of the posterior midline. It is oriented at an approximately 45 degree angle with a sharp angle directed to the upper left and a 1/16 inch blunt edge Page 5 SFPD 110796498 000116 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. Name: 2011-1001 Date & Time of Necropsy: October 5, 2011 0945 Hours directed to the lower right. It is 1/2 inch long on the surface of the skin. After perforating the skin of the upper right back the knife penetrated the underlying soft tissue. The direction of penetration is back to front, right to left and downward. The estimated depth of penetration is approximately 1-1/4 inch deep. Q) STAB WOUND OF UPPER LEFT BACK: A stab wound of the upper left back is centered 8-1/2 inches from the top of the head and 2 inches left of the posterior midline. It is oriented horizontally with a sharp angle directed to the right and a 1/16 inch blunt edge directed to the left. It is 3/4 inch long on the surface of the skin. After penetrating the skin and soft tissue of the upper left back the knife penetrated the underlying soft tissue. The direction of penetration is back to front, right to left and downward. The estimated depth of penetration is approximately 1/2 inch deep. R) STAB WOUNDS (8) OF UPPER LEFT BACK: A cluster of eight stab wounds is located from 10-1/2 inches from the top of the head to 15-1/2 inches from the top of the head; and from 7-3/4 inches left of the posterior midline to 2-1/2 inches left of the posterior midline. Five of these stab wounds are oriented horizontally and three are oriented diagonally. They range from 5/8 inch to 1-3/4 inch long on the surface of the skin. After perforating the skin of the upper left back these stab wounds penetrated the underlying soft tissue. No major blood vessels or nerves were injured along the knife track. The directions of penetration are back to front, right to left and downward. The estimated depths of penetration range from 1 to 4-3/4 inches deep. S) INCISED WOUND OF MID UPPER BACK: A 1/2 inch incised wound of the mid upper back is 1/2 inch long on the surface of the skin and approximately 1/4 inch deep. This incised wound did not injure any major blood vessels or nerves. T) INCISED SOUND OF UPPER MID-BACK: A 1/4 inch incised wound of the upper mid-back is oriented at an approximately 45 degree angle and is approximately 1/8 inch deep. It did not injure any major blood vessels or nerves. SHARP FORCE INJURIES OF LEFT UPPER EXTREMITY: U) STAB WOUND OF LEFT SHOULDER: A stab wound of the anterior left shoulder is centered 1 inch from the top of the left shoulder. It is oriented vertically with a sharp angle directed inferiorly and a 1/16 inch blunt edge directed superiorly. It is 1-1/2 inches long on the surface of the skin. After perforating the skin of the anterior left shoulder, the knife penetrated the underlying soft tissue. No major blood vessels or nerves were injured. The direction Page 6 SFPD 110796498 000117 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. Name: 2011-1001 Date & Time of Necropsy: October 5, 2011 0945 Hours of penetration is front to back, right to left and downward. The estimated depth of penetration is 1 inch. V) STAB WOUND OF ANTERIOR LEFT SHOULDER: A stab wound of the anterior left shoulder is centered 1 inch from the top of the left shoulder. It is oriented vertically with a sharp angle directed inferiorly and a 1/16 inch blunt edge directed superiorly. It is 1 inch long on the surface of the skin. After penetrating the skin of the anterior left shoulder the knife penetrated the underlying soft tissue. No major blood vessels or nerves were injured. The direction of penetration is front to back, right to left and downward. The estimated depth of penetration is 3/4 of an inch. W) STAB WOUND OR LATERAL LEFT ARM: A stab wound of the lateral left arm is located 4-1/4 inches from the top of the left shoulder. It is oriented at an approximate 45 degree angle With a sharp edge directed to the lower right and a 1/16 inch blunt edge directed to the upper left. It is 1-1/2 inch long on the surface of the skin. After perforating the skin of the lateral left arm the knife penetrated the underlying soft tissue. No major blood vessels or nerves were injured. The direction of penetration is front to back, right to left and downward. The estimated depth of penetration is 1 inch. X) STAB WOUND OF LATERAL LEFT ARM: A stab wound of the lateral left arm is located 5 inches from the top of the left shoulder. It is 1-1/4 inch long on the surface of the skin. After penetrating the skin of the lateral left arm the knife penetrated into the underlying soft tissue. No major blood vessels or nerves were injured. The direction of penetration is front to back, right to left and downward. The estimated depth of penetration is 3/4 inch. BLUNT FORCE INJURIES OF HEAD: There is a 1-1/2 by 1 inch abraded purple contusion on the mid forehead. There is a . 3/4 x 1/2 inch red contusion on the bridge of the nose. There is a 1/4 x 1/2 inch purple contusion on the inner mucosa of the mid lower lip. There is a 5/8 x 1/4 inch red abrasion just lateral to the right eyebrow. BLUNT FORCE INJURIES OF TORSO: There is a 3 x 2-1/2 red and purple contusion of the lateral lower left chest. Page 7 SFPD 110796498 000118 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division •• Case No. 2011-1001 Name: Date & Time of Necropsy: October 5, 2011 0945 Hours BLUNT FORCE INJURIES OF UPPER EXTREMITIES: There are three, 1/4 inch purple contusions on the anterior, upper right arm (biceps). There is a 1/2 inch purple contusion on the anterior upper right arm (biceps). There is a 1-1/4 x 3/4 inch purple contusion on the medial mid- right arm. There is a 1/4 inch red contusion on the ventral right forearm. There is a 1/2 inch red contusion on the ventral right wrist. There is a 1 inch red contusion on the dorsal right hand. There is a 3 x 1-1/8 inch purple contusion on the anterior upper left arm (biceps). There is a 1 x 3/4 inch purple contusion on the ventral left mid arm (antecubital fossa). There is a 1-1/2 x 1 inch red contusion on the ventral lateral left wrist. There is a 1 inch purple contusion on the ventral left thenar prominence of the thumb. There is a 2-1/2 x 1-1/4 inch purple contusion on the upper posterior left arm (triceps). There are two, 1/2 inch purple contusions on the medial dorsal upper left arm. There is a 2 x 1-1/2 inch purple contusion on the medial dorsal upper left arm. There is a 2 x 1-1/4 inch purple contusion on the lateral upper left arm. There is a 2-1/4 x 1 inch purple contusion just above the left elbow. These injuries, having been described above, will not be repeated. Page 8 SFPD 110796498 000119 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. 2011-1001 Name: Date & Time of Necropsy: October 5 2011 0945 Hours INTERNAL EXAMINATION: The body is opened in the usual manner with a U-shaped incision. No adhesions or abnormal collections of fluid are in any of the body cavities except as noted above. All body organs are in normal and anatomic position. The serous surfaces are smooth and glistening. HEAD AND CENTRAL NERVOUS SYSTEM: Reflection of the scalp shows the usual scattered reflection petechiae. The brain weighs 1,250 grams. .The dura mater and falx cerebri are unremarkable and the leptomeninges are thin and delicate, except as described above. The cerebral hemispheres are symmetrical. The structures at the base of the brain, including cranial nerves and blood vessels, are free of abnormality. Sections through the cerebral hemispheres reveal no lesions within the cortex, subcortical white matter or deep parenchyma of either hemisphere. The cerebral ventricles are of normal caliber. Sections through the brainstem and cerebellum are unremarkable. The first portion of the spinal cord, viewed through the foramen magnum, is unrematkable. NECK: The neck is dissected after the thoracoabdominal and cranial contents are removed. Examination of the soft tissues of the neck, including large vessels and strap muscles, reveals no abnormalities except as noted above. The superficial and deep muscles of the neck are firm, red-brown, intact, and unremarkable. The hyoid bone and larynx are intact. The tongue is normal. CARDIOVASCULAR SYSTEM: The heart weighs 280 grams. The epicardial surfaces are smooth, glistening, and unremarkable. The coronary arteries arise normally and follow the distribution of a left predominant pattern: with approximately 10% atherosclerotic stenosis of the proximal right and approximately 25% atherosclerotic stenosis of the mid left anterior descending coronary arteries. The chambers and valves bear the usual size/position relationship, are morphologically normal and are unremarkable. The valves are free of vegetations. The myocardium is dark red-brown, firm, and unremarkable. The atrial and ventricular septa are intact and the septum and free walls are free of muscular bulges. There is no focal or regional fibrosis, erythema, pallor or softening. The left ventricle measures 1.3 cm and the right ventricle measures Q.2 cm in thickness as measured 1 cm below the respective atrioventricular valve annuli. The interventricular septum measures 1.1 cm in thickness. The aorta and its major branches arise normally and follow the usual course with slight atherosclerosis above the level of the renal arteries and moderate atherosclerosis below the level of the renal arteries. The orifices of the major aortic vascular branches are patent. The vena cava and its major tributaries return to the heart in the usual distribution and are unremarkable. RESPIRATORY SYSTEM: The right and left lungs weigh 760 and 690 grams, respectively. The upper and lower airways are patent and the mucosal surfaces are smooth, yellow-tan, and unremarkable. The pleural surfaces are smooth, glistening, and unremarkable. Page 9 SFPD 110796498 000120 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. 2011-1001 Name: Date & Time of Necropsy: October 5, 2011 0945 Hours The pulmonary parenchyma is dark red-brown, and the cut surface exudes moderate amounts of blood and frothy fluid. There is moderate black anthracotic pigment throughout the lung parenchyma and in the perihilar lymph nodes. There are no masses, hemorrhages, consolidations, obstructions" or destructive emphysema. The pulmonary arteries are normally developed and patent. There is no saddle embolus on in situ examination of the pulmonary trunk. HEPATOBILIARY SYSTEM: The liver weighs 1050 grams. The hepatic capsule is intact, smooth and glistening, covering dark red-brown parenchyma. The gallbladder contains approximately 5 ml of dark green viscid bile without stones. The extrahepatic biliary tree appears to be patent. • HEMATOPOIETIC SYSTEM:• The spleen weighs 50 grams and has a smooth intact capsule covering red-purple, moderately firm parenchyma. The splenic white pulp is grossfy unremarkable. The regional lymph nodes appear normal. The bone marrow (rib) is redpurple. ENDOCRINE SYSTEM: The pituitary gland is intact, normally developed, and is unremarkable without laceration, hemorrhage, or mass lesion: The thyroid gland is symmetric and unremarkable with a firm, red-brown, granular parenchyma and no cyst, hemorrhage, fibrosis, or mass lesion. The adrenal glands are normally situated and have soft, yellow cortices and soft, grey-brown medullae. The pancreas has a soft, tan parenchyma with a normal lobular architecture and no saponification, pseudocyst, neoplasm, fibrosis, hemorrhage, or mineralization. GASTROINTESTINAL SYSTEM: The esophagus is lined by gray-white smooth mucosa. The gastric mucosa is arranged in the usual rugal folds, and the lumen contains approximately 80 ml of nondescript dark brown fluid. There are no pill fragments or foreign bodies identified. The small and large bowels are unremarkable. The appendix is present and unremarkable. The colon contains brownish-green semiformed stool. GENITOURINARY SYSTEM: The right and left kidneys weigh 140 and 130 grams, respectively. The renal capsules are smooth, thin, semitransparent, and strip with ease from the underlying, moderately to markedly granular red-brown firm cortical surfaces. The cortices are of normal thickness and well-delineated from the medullary pyramids. The calyces, pelves, and ureters are unremarkable. The urinary bladder is empty. The mucosa is gray-tan and smooth. The uterus, cervix, fallopian tubes, ovaries, and vagina are unremarkable for age. The breast tissue is atrophic with predominantly adipose tissue. NIUSCULOSKELETAL SYSTEM: The skeleton is well developed and without deformity or osteoporosis. The vertebrae, clavicles, sternum, ribs, and pelvis are without fracture. The Page 10 SFPD 110796498 000121 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. 2011-1001 Name: Date & Time of Necropsy: October 5, 2011 0945 Hours supporting musculature and soft tissues are not unusual. The firm, red-brown muscles are well hydrated and free of focal lesions. The cervical spinal column is stable on internal palpation. DIAGNOSES: I. SHARP FORCE INJURIES OF HEAD AND NECK, WITH: A. STAB WOUNDS (11) AND INCISED WOUNDS (2) OF HEAD AND NECK, WITH: 1. PERFORATIONS OF LEFT TEMPORAL BONE, LEFT TEMPORAL LOBE OF THE BRAIN AND LEFT MIDDLE• CEREBRAL ARTERY, WITH: a. SUBDURAL (APPROXIMATELY 15 ML) AND DIFFUSE SUBARACHNOID HEMORRHAGES b. PERFORATION OF SMALL BRANCHES OF RIGHT CAROTID ARTERY WITH ADJACENT SOFT TISSUE HEMORRHAGE II. SHARP FORCE INJURIES OF TORSO, WITH: A. STAB WOUNDS (15) AND INCISED WOUNDS (2) OF UPPER BACK, WITH: 1. PENETRATIONS OF UNDERLYING SOFT TISSUE III. STAB WOUNDS OF UPPER LEFT EXTREMITY, WITH: A. STAB WOUNDS OF LEFT SHOULDER (2) AND UPPER LEFT ARM (2), WITH: 1. PENETRATIONS OF UNDERLYING SOFT TISSUE IV. BLUNT FORCE INJURIES OF HEAD, WITH: A. ABRASION AND CONTUSIONS V. BLUNT FORCE INJURIES OF TORSO AND UPPER EXTREMITIES, WITH: A. CONTUSIONS, MINOR VI. ATHEROSCLEROTIC AND HYPERTENSIVE CARDIOVASCULAR DISEASE, WITH: A. SLIGHT ATHEROSCLEROTIC STENOSIS OF TFIE RIGHT AND LEFT ANTERIOR DESCENDING CORONARY ARTERIES B. SLIGHT TO MODERATE ATHEROSCLEROTIC STENOSIS OF THE AORTA C. CHANGES CONSISTENT WITH MODERATE TO MARKED ARTERIOLAR NEPHROSCLEROSIS Page 11 SFPD 110796498 000122 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. 2011-1001 Date & Time of Necropsy: October 5, 2011 0945 Hours Name: Spec. to Pathology: Portions of all major organs are fixed in formalin and retained. Spec. to Histology: 1. 2. 3 4. 5. Heart. Lungs. Liver. Kidney. Brain. 4. Spec. to Toxicology: Peripheral blood, heart blood, bile, brain, gastric contents, liver tissue and vitreous fluid. Radiographs: Five radiographs of the head, neck, chest, abdomen and upper extremities are made and retained. They show no foreign bodies or other bony abnormality. Physicians Present: V. .J. Azar, M.D., E.G. Moffatt, M.D., Judy Melinek, M.D. Forensic Techs: J. Wedrychowski, K. MacFerren and E. Prendel Photographer: Christopher B. Happy, M.D., Assistant Medical Examiner, San Francisco Medical Examiner's Office. Evidence: The following are collected and retained as evidence: The Medical Examiner's seal, the brown paper bags from around the hands and wrists, the fingernails of the right and left hands, the nail clipper, and gunshot residue from the right and left hands. • Christopher B. Happy;-- .D. Assistant Medical Examiner A.P. Hart, M.D. V.J. Azar, M.D. E.G. Moffatt, M.D. • J. Melinek, M.D. C.B. Happy, M.D. PMT:CBH Page 12 SFPD 110796498 000123 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CHIEF MEDICAL EXAMINER Medical Division Case No: 2011-1001 Name: MICROSCOPIC DESCRIPTION CENTRAL NERVOUS SYSTEM: Normal cortical architecture of the brain without infarct or hemorrhage. Sections of the hippocampi and cerebral cortex are microscopically unremarkable. HEART: Sections show the epicardium, myocardium and endocardium are without inflammation. The myocardium shows normal myocytes with slightly increased interstitial and perivascular fibrosis. No other microscopic pathologic changes are identified. LUNGS: Sections show normal pulmonary parenchyma with slight peribronchial chronic inflammation is present. There is moderate to marked amounts of amorphus eosinophilic intraalveolar fluid consistent with edema fluid. No other pathologic microscopic abnormalities are identified. LIVER: Sections show normal hepatic parenchyma, sinusoids and vasculature. There is minimal micro- and macro- steatosis. KIDNEYS: Sections show normal glomerular and tubular architecture. There are rare sclerotic glomeruli. There is slight medial hypertrophy of the small arteries and arterioles. MICROSCOPIC FINDINGS: I. MICROSCOPIC CHANGES CONSISTENT WITH HYPERTENSIVE CARDIOVASCULAR DISEASE. CAUSE OF DEATH: STAB WOUNDS OF HEAD, NECK AND TORSO MANN-ER OF DEATH: HOMICIDE 101i5l12 Christopher B. Hap/M.D. Assistant Medical Examiner A.P. Hart, M.D. V.J. Azar, M.D. C Happy, M.D. •J. Melinek, M.D. E.G. Moffatt, M.D. CBH/PMT SFPD 110796498 Page 1 000124 City and County of San Francisco Office of the Chief Medical Examiner FORENSIC LABORATORY DIVISION TOXICOLOGY REPORT Name: Case No: 2011-1001T -Date of Submission: 10/11/2011 Date of Report: 01/03/2012 M. E.: CH ANALYTICAL RESULTS: SPECIMEN TYPE COMPOUND RESULT Blood (AM1) COMMENTS (AM): 10/03/2011; 0750 hrs. Report prepared by PK.PK 1Blood Nikolas P. •Lemos, Ph.D., FRSC, D-ABFT Director & Chief Forensic Toxicologist ANALYTICAL PROTOCOL: Specimens submitted were subjected to Analytical Panels A, B and C. Analytical Panel A detects and quantifies ethanol, methanol, isopropanol and acetone and may also detect other volatile compounds ,which would require additional analyses their confirmation and/or quantitation. Analytical Panel B detects, confirms and/or quantifies Amphetamines, Barbiturates Benzodiazepines, Cannabinoids, Cocaine, Fentanyl, Methadone, Phencyclidine (PCP), Opiates/Opioids and Tricyclic Antidepressants. Analytical Panel C detects, confirms and/or quantifies over one hundred drugs and metabolites. Please contact the Forensic Laboratory Division if you have questions regarding specific substances. SFPD 110796498 Hall of Justice • 850 Bryant Street • San Francisco • California • 94103-4603 T • 000125 Case# 2011-1002 MEDICAL EXAMINER'S REGISTER CITY AND COUNTY OF SAN FRANCISCO - RECORD OF DEATH Name: Alias: ADDRESS: unston Ave San Francisco Ca 94118 DATE OF DEATH: 10/03/2011 TIME: 10:00 AM REPORTED BY: Dr. Xu SFGH DATE OF REPORT 10/03/2011 TIME: 10:30 AM REPORTED PHONE: PLACE OF DEATH: SFGH ZIP: TYPE OF CASE: PC 187 PLACE OF INCIDENT: DATE AND TIME OF INCIDENT: 10/03/2011 Residence 7:30 AM ZIP: 94118 NEXT OF KIN: DATE NOTIFIED 10/03/2011 BIRTHDAT 44 SS# SEX: RECEIVED AT MEDICAL EXAMINER: RACE TIME: FUNERAL DIRECTOR RELEASED TO: RELEASED DATE: 10/12/2011 TIME: 15:35 RECEIVED BY: CLOTHING RECEIVED: NO RELEASE SIGNED BY RELATIONSHIP: RESIDENCE SEALED:No POUCH: HOSP INITIALS PROPERTY LISTING INITIALS EVIDENCE LISTING 2 Specimen Containers VERIFIED BY: WPA PUBLIC ADMINISTRATOR: DATE: PLACED IN BOX #: 10/5/2011 DATE NOTIFIED: CHECK#: RECEIVED AMOUNT: RECEIVED BY: RELATIONSHIP: DATE/TIME: RECEIVED BY: RELATIONSHIP: DATE/TIME: BODY SEARCHED BY: Hospital Staff AT: SFGH PREMISES SEARCHED BY: Not AT: PREMISES SEALED BY: Not DATE: EXAMINATION: M.D. PERFORMED BY: AZAR EVIDENCE DISPOSITION: INVESTIGATORS: Justin Cozad CAMERON MULLINS #118 APPROV COPY -v SFPD 110796498 tc'f) 2- 000126 Case#: Name: Status: CLOSED 2011-1002 alias: Police Notified Yes Police_At_Scene: Officer: Station: SFPD_Case#: Police_Office: Richmond Police_Officer: Wong #2005 Homicide_Office: Homicide Officer: Notification Date: Notification Time: Yes Cunningham • AlB_or_HR_Notified: Date: AlB_Officer: Nature: Fingerprints_Taken: Taken_By: EP YES Taken Date: 10/12/2011 Photos_Date: SFPD 110796498 Yes CSI Cole #1229 Richmond 110-796-498 PaImprints_Taken: 10/03/2011 Taken_By: YES JC 000127 Case#: 2011-1002 J MEDICAL EXAMINER / INVESTIGATOR'S REPORT CITY AND COUNTY OF SAN FRANCISCO - RECORD OF DEATH Date/Time of Death: 10/03/2011 10:00 AM NAME: Age: SFGH PLACE OF DEATH POLICE NOTIFIED POLICE STATION NOTIFIED POLICE OFFICER Yes Richmond Wong #2005 HOMICIDE OFFICER TIME DATE HOMICIDE NOTIFIED Sex: Race: Cunningham Yes MARITAL STATUS: FINGERPRINTS TAKEN PALMPRINTS YES YES 10/03/2011 PRINTS TAKEN BY DATE EP 10/12/2011 TO CII DATE: TO SFPD DATE: SFPD MATCH#: NRNS SFPD MATCH: CII MATCH#: CII MATCH: PHOTOS DATE: TO FBI DATE: TAKEN BY: FBI MATCH#: FBI MATCH: POLICE AT SCENE AT SCENE OFFICER Yes CSI Cole #1229 SFPD CASE#: DATE: AT: IDENTIFIED BY: 10/03/2011 JC POLICE STATION ' Richmond 110-796-498 AIB or HR NOTIFIED: AIB DATE: AIB OFFICER: NATURE: CASE HISTORY The subject, a year old , resided at Funston Ave. where the incident occurred. The subject was in some manner shot by San Francisco Police during an altercation. The subject was transported to the San Francisco General Hospital (SFGH), where died in the emergency department from the injuries sustained. According to information received from San Francisco Police (SFPD), SFGH medical records and the family. On 10/3/2011 at approximately 0720 hours, Police and Emergency Medical Services were notified of an apparent stabbing victim in front of Funston Ave. The victim, who is the of the deceased subject, stated had stabbed with a knife and was currently in the residence with . The lso stated that the subject had issues. Police entered the residence and found the subject standing in the upstairs hallway with a knife in hand. The subject's was lying in the hallway bleeding from body. The subject in some manner was shot by San Francisco Police. Officers fired one less than lethal projectile and several rounds at the subject. During the altercation, the subject's was removed from the residence. SFPD secured the subject at the scene, emergency medical services entered the residence and administered aid to the subject. Emergency Medical Services emergently transported the subject to SFGH Emergency Department, arriving at 0809 hours. The subject's care was transferred to hospital staff and after a brief evaluation, emergency resuscitation efforts were preformed to no avail, death was pronounced at 1000 hours. This office SFPD 110796498 000128 Case#: 2011-1002 MEDIC L EXA INER I INVESTIG TOR' REPORT CITY AND COUNTY OF SAN FRANCISCO - RECORD OF DEATH was notified at 1030 hours, same date. Investigator Mullins and I were met in front of the residence by CSI Cole #1229. Investigation at the scene revealed numerous droplets of blood on the front entry way of the residence. The stairs, immediately entering the residence, had blood droplets on the steps. At the top of the stairs were copious amounts of blood about the railing, floor, walls, ceiling and kitchen area. Several shell casing's were located on the floor, as well as a less-than-lethal projectile. At the hospital the subject was found lying supine on a morgue tray enshrouded in a pouch. The remains were cool to the touch with rigor mortis absent. Multiple stab-like wounds were noted to the upper torso and left wrist. There was a circular puncture about the subject's torso, consistent with a round from a firearm. Gunshot residue samples were obtained and the hands were placed in new paper bags. The remains were sealed in a pouch, with pouch seal number 01422 attached. The subject was transferred to the Office of the Chief Medical Examiner for further examination. Addendum (VJA): SFGH records show was found screaming in the hallways of esidence and taken by ambulance to St. Marys and then to SFGH, where was admitted to from June 6 to 23, 2004. was initially described as following one week had been since 20s and was receiving outpatient treatment since 2001. denied using drugs and said drank alcohol minimally. According to a progress note from 6/9/04 at PES, and relayed concern that was aggressive and a serious threat to family members, relaying tha had grabbed hand in the kitchen, which had "many sharpen knives in the area". was , and the staff were very concerned that was going to harm someone because of acute level of was described as having the due to l . Eventually stabilized with treatment, which included encouragement to take medications, was discharged home on Outpatient records dated 4/1/10 from show was diagnosed with . At that time was detcribed as having moderate symptom severity to still have . Treatment included for the past year, VJA INVESTIGATOR: SFPD 110796498 Justin Cozad CAMERON MULLINS #118 000129 Case#: Name: Status: CLOSED 2011-1002 alias: Date: Time: 10/07/2011 10:13 - Contact_Person: Contact_Phone: 2 Comments: On the above listed date and time, I contacted in an attempt to obtain additional history. She stated that she would have somebody call back to provide information. Investigator: JAMES F ORICA #125 10/07/2011 Date: 10:18 Time: Contact_Person: Contact_Phone: Comments: On the above listed date and time, the subject's old medical records were ordered from storage at will fax history upon receipt of the records. At 1025 hours, called back and stated that the subject's old chart had been checked out by this Office. Investigation at this Office revealed the chart to be in the inbox of Assistant Medical Examiner Dr. Venus Azar. Investigator: SFPD 110796498 JAMES FIORICA #125 000130 Case#: Name: Status: CLOSED 2011-1002 alias: 03/30/2012 Date: 8:24 Time: Contact_Person: Contact_Phone: Comments: 83 digital images reviewed. CD placed into Dr. Azar's box. Investigator: SFPD 110796498 TAMY CHAN 000131 M anner of Deat Homicide Firearm(s) Me AUTOPSY Rpt Type: L.-- DC Don Amendment: 10/12/2011 07/20/2012 Doctor: AZAR 07/06/2012 eport_Date: CAUSE OF DEATH: GUNSHOT WOUNDS WITH SHARP FORCE INJURIES OTHER CONDITIONS: Detail Report a 4 Attach Picture SFPD 110796498 View Photo View Renort Print Renort 000132 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. 2011-1002 Name: Date & Time of Necropsy: October 11, 2011 10:30 Hours and October 12, 2011 09:00 Hours PRELIMINARY EXAMINATION: The body is received in a sealed white plastic pouch, (Seal #01422), and is identified by an appropriately labeled Medical Examiner's label affixed to the right great toe. When first viewed, the decedent is unclad and has a brown paper bag encasing each hand secured with a white plastic tie. Accompanying the body are gunshot residue lifts of the hands taken by San Francisco Medical Examiner's investigators; two antemortem blood tubes labeled "Quebec, TR1701"; a white plastic container with an adhesive label, labeled "10% formalin" and "Quebec, TR1701" "Left Lobe"; and one white plastic container with an adhesive label, labeled "10% formalin" "Quebec, TR1701", "Right Kidney." SURGICAL SPECIMENS RECEIVED WITH THE BODY: As previously described, there are two containers received with the body, both labeled "Quebec, TR1701." One is also labeled "Left (sic) Lobe"; it contains two segments of formalin-fixed lung weighing 60 grams combined. One is a 6 x 2.5 x 1 cm piece of red-purple lung tissue including pleura, which is sutured lengthwise and has two separate surgical clips involving the pleural and subpleural regions, and a 2 cm irregular defect. The other portion of lung is a 12 x 8 x 2 cm red-purple segment including pleura that shows focal brown hemorrhagic mottling of the pleural surface, and has a lengthwise sutured and multiple stapled region near an irregular 5 x 1.5 cm defect. In addition to the two segments of lungs, a piece of bone consistent with a portion of rib and adherent fibroadipose tissue is received, having an overall dimension of 5 x 1.3 x 1 cm. The container, labeled "Right (sic) Kidney" contains a formalin-fixed kidney weighing 110 grams, measuring 10.5 x 3.6 x 3.5 cm, and is without the surrounding capsule, but does have some yellow adipose tissue within the hilar region. The kidney shows a 2.5 x 1.5 cm irregular defect of the upper pole with a portion of the superior segmental artery, (approximately 1 cm long and 0.3 cm in diameter), that has a surgical clip at the region where the artery enters the kidney parenchyma. The hilar blood vessels have apparently been surgically transected proximally. On cross-section the kidney shows patchy multifocal hemorrhage involving the pelvicalyceal mucosa, and a dark-brown hemorrhagic mottling of the previously described defect of the upper pole. CLOTHING AND PERSONAL EFFECTS: Received separately from the body is a brown unsealed paper bag labeled with the San Francisco Medical Examiner's Office Case Number, the San Francisco Police Department Case Number, "John Doe with a Medical Examiner's Office Property Receipt stapled to the bag. The contents are a blood-stained, previously cut green sweat shirt; and a blood-stained, previously cut blue tee shirt. The green sweat shirt has six apparent sharp force defects involving the front aspect ranging from 5/16 up to 5/8 inches; a 1/4 inch apparent gunshot wound defect of the left front area without associated gunpowder residue; a 1/4 inch apparent gunshot defect of the right upper front area associated with a thin rim of black apparent bullet wipe, without apparent gunshot residue; and a 1/2 inch apparent gunshot defect of the right lateral back area without associated gunshot defects. The blue tee shirt has nine apparent sharp force defects of the front aspect ranging from 1/8 up to 3/4 Page SFPD 110796498 000133 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. 2011-1002 Name: Date & Time of Necropsy: October 11,2011 10:30 Hours and October 12, 2011 09:00 Hours inch; a 5/16 inch apparent gunshot defect of the left front area without associated gunshot residue; a 5/16 inch apparent gunshot defect of the right upper front area without associated gunshot residue; and a 1/2 inch apparent gunshot defect of the right lateral back area without associated gunshot residue. There are no personal effects. RADIOGRAPHS: X-rays taken of the torso show a partially fragmented opaque projectile near the midline of the upper abdomen. EXTERNAL EXAMINATION: The body is that of a well developed, thin whose appearance is consistent with the recorded age of years. , The head is normocephalic and described further under "Evidence of Injury." The scalp is intact. The scalp hair is black with scattered gray, and measures up to 5 inches long. The eyelids are unremarkable. The conjunctivae and sclerae are without icterus. There are two red petechiae of the right lower conjunctiva and one red petechia of the left lower conjunctiva. The irides are brown with equally dilated pupils. The nose is atraumatic and unremarkable. Stubble is present over the moustache zones of the face. The mouth is atraumatic. The teeth are intact and in adequate repair. The external ears are intact and unremarkable. The neck is symmetrical and the trachea is palpable in the midlin.e. There is no evidence of injury to the neck. The chest and abdomen are normally formed, and described further under "Evidence of Injury," and "Evidence of Medical Therapy." The external genitalia are of an without evidence of injury. The posterior body surfaces are normally formed, bilaterally symmetrical, and described further under "Evidence of Injury." The anus is free of lesions. The upper arms, forearms, hands, fingers, legs, feet and toes are normally formed. The extremities are described further under "Evidence of Injury." The fingernails extend to the tips of the fingers and are dirt- and/or blood- encrusted. The toenails are short and unremarkable. EVIDENCE OF MEDICAL THERAPY: Clear tape covers both eyes. An appropriately positioned tape-restrained endotracheal tube and an esophageal tube are in the mouth. On the right side of the neck a needle puncture site is associated with a cutaneous 2 x 3-1/4 inch redpurple ecchymosis and underlying hemorrhage of the right stemocleidomastoid muscle. A needle puncture consistent with prior thoracentesis is on the right upper chest. A 15 inch sutured thoracotomy incision involves the bilateral upper chest and left breast, is horizontally to obliquely oriented, and extends into the left posterior aixillary region. Internally, the thoracotomy involves the right third intercostal space anteriorly, the sternum at the level of the third intercostal space, and the left fourth rib and intercostal space anteriorly to posteriorly. A sutured vertically oriented 15 inch stemotomy / laparotomy incision involves the lower chest, upper and lower abdomen. The left kidney has been surgically resected; the left perirenal fat is very hemorrhagic, disrupted, and commingling with multiple fragments of the hemorrhagic left Page 2 SFPD 110796498 000134 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. 2011-1002 Name: Date & Time of Necropsy: October 11, 2011 10:30 Hours and October 12, 2011 09:00 Hours adrenal gland. The lower lobe of the right lung is status post wedge resection, and there are sutures in the resection margin which, is near the junction with the middle lobe of the right lung. The abdominal aorta contains surgical clips and sutures in the surrounding soft tissues at the level of the celiac artery, portal vein and left renal artery. The previously transected portal vein has been surgically ligated. The hemorrhagic, multiple disrupted and fragmented pancreas has a few surgical sutures within the body and tail. The stomach has been sutured twice involving the greater curvature. A few surgical sutures are in a gunshot defect of the greater omentum. The pericardial sac has been surgically incised, and no longer contains the previously mobilized heart, which has a sutured catheter in the right atrial appendage. There is periadvential soft tissue disruption of the thoracic aorta, which appears surgical and consistent with prior cross-clamps. A 1-3/4 surgical incision of the right lateral chest cavity contains a chest tube, internally involving the right lateral seventh intercostal space. Multiple, generally paired, punctate, up to 3/16 inch red contusions involve the bilateral anterior torso, and are consistent with prior surgical towel/clamp marks. These include five pairs on the right chest and abdomen, two separate punctate contusions on the left lower chest, a single pair in each lower pelvis, and a pair in the left proximal thigh. A disposable blood pressure cuff is on the right upper arm. A needle puncture site associated with a purple ecchymosis is on the front of the right forearm. On the right wrist are two hospital identification bands; one is plastic and one is paper, and both are labeled "Quebec, TR1701." On the front of the right wrist are five needle puncture sites focally associated with purple ecchymoses. An oximeter is taped to the right middle finger. A needle puncture is on the back of the right wrist. A cardiac monitoring electrode is on the front of the left upper arm laterally. A needle puncture associated with purple ecchymosis is in the left antecubital fossa. On the front of the left forearm are a needle puncture site and a separate taped catheter. In the left inguinal region is a taped catheter. In the right inguinal region is a taped and sutured catheter. A urinary catheter is within the penis and bladder. Taped to the right anterolateral thigh is a blue adhesive pad with two previously cut Circumferential Velcro-restrained wires consistent with an apparent grounding pad. compression devices are on the bilateral lower legs. IDENTIFYING MARKS AND SCARS: No major surgical scars or tattoos are noted. EVIDENCE OF INJURY: BLUNT FORCE INJURIES: A 1/4 inch red abrasion is on the midline upper forehead. A 3 x 2 inch red contusion and a 3/8 x 3/16 inch red abrasion are on the left lower chest. A 4 x 3 inch red-purple contusion is on the right upper chest. A 5/16 x 1/8 inch red abrasion, a 1/8 inch red abrasion, and two 3/16 x 1/16 inch red abrasions are on the left upper abdomen. A 5/8 inch ovoid red contusion and a 1 x 1/2 inch red contusion are on the back of the right forearm medially. A 1/16 inch red abrasion is on the back of the right ring finger. A 1 x 3/8 inch red abrasion and a 1/2 x 1/2 inch red contusion are on the back of the left forearm. A 1 x 1/2 inch red contusion is on the back of the left hand. A 1/8 inch red abrasion is on the back of the left little finger proximally. A 1-1/2 inch ovoid red contusion with an associated surrounding 1/2 Page 3 SFPD 110796498 000135 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. 2011-1002 Name: Date & Time of Necropsy: October 11, 2011 10:30 Hours and October 12, 2011 09:00 Hours inch ovoid red abrasion is on the right knee. A 1/2 inch scab is on the top of the right foot. A 1/2 inch red contusion and a 3/8 inch red contusion are on the left knee laterally. A 2-1/2 x 11/4 inch red-purple contusion is on the left knee medially. A 1 x 3/4 red contusion is on the left lower leg laterally. A thin curvilinear 1 inch scabbed lesion is on the front of the left lower leg. A 1-1/2 x 3/4 inch red-purple contusion is on the top of the left foot laterally, and a 1/16 inch red abrasion is on the top of the left fourth toe distally. A 1 x 3/8 inch red-purple abraded contusion is on the top of the left fifth toe involving the proximal half. A 1-1/4 x 1 inch red abraded contusion is on the back of the right ankle. GUNSHOT WOUNDS: There are two gunshot wounds, labeled A and B for descriptive purposes: A. Perforating distant gunshot wound of chest: Entrance: The gunshot wound of entrance is on the right upper chest above the breast, centered approximately 16-1/2 inches below the top of the head and 3-1/4 inches right of the anterior midline. It is a 1/2 inch ovoid defect with a 1/8 inch medial abrasion which contains a single surgical suture superiorly. Pathway: After perforating the skin and soft tissue of the right upper chest, the bullet perforates the right anterior fifth rib; fractures the right sixth, seventh and eighth ribs laterally, perforates the right lower lobe of the lung, which is status-post surgical• resection and received as a surgical specimen showing defects as previously described under "Evidence of Medical Therapy". The pathway continues and perforates the right eighth intercostal space laterally, and exits the right lateral aspect of the back. There is approximately 200 ml of liquid blood in the right pleural cavity, status post surgical intervention. Exit: The gunshot wound of exit is on the right lateral aspect of the back, centered approximately 20-1/2 inches below the top of the head, and 7-1/2 inches right of the posterior midline. It is a 3/4 inch irregular unabraded defect. Direction: The bullet traveled from front to back, downward, and left to right. Range of fire: There is no evidence of soot, stippling or gunshot residue on the skin or within the wound margins associated with the entrance gunshot wound. The clothing show corresponding perforations without evidence of gunshot residue. B. Penetrating distant gunshot wound of chest: Entrance: The gunshot wound of entrance is on the right lower chest, centered approximatet 22 inches below the top of the head and 3 inches left of the anterior midline. It is a 3/8 inch ovoid defect with a circumferential 1/8 inch red abrasion and a 1 x 3/4 inch red contusion Page 4 SFPD 110796498 000136 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. 2011-1002 Name: Date & Time of Necropsy: October 11, 2011 10:30 Hours and October 12, 2011 09:00 Hours collar; without evidence of soot, stippling or gunshot residue. The clothing show corresponding perforations without evidence of gunshot residue. Pathway: After perforating the skin and soft tissues of the left chest, the bullet perforates the left seventh rib anterolaterally; the left diaphragm; the greater curvature of the stomach, which has two hemorrhagic defects, both containing surgical suture, and approximately 10 ml of dark red-brown, bloody gastric fluid. The bullet continues perforating the greater omentum, which also contains surgical sutures; the body of the pancreas, which is hemorrhagic, multiply disrupted, and fragmented, and contains surgical sutures; the left adrenal gland, which is hemorrhagic and multiple fragmented; the left kidney, which has been surgically resected, and is received as a surgical specimen as previously described; and enters the first lumbar vertebral body and spine. Recovery: The bullet is recovered from the first lumbar vertebra spinal canal, and is a mushroomed, yellow-metal-jacketed bullet with sharp talons and an approximately 1 cm base. Direction: The bullet traveled from front to back, left to right, and downward. Range of fire: There is no evidence of soot, stippling or gunshot residue on the skin or soft tissues of the entrance wound. The clothing show corresponding perforations without evidence of gunshot residue. SHARP FORCE INJURIES: There are multiple incised wounds involving the left wrist, left hand and right hand. There are five stab wounds, all involving the left abdomen, designated "C, D, E, F and G", described below following description of incised wounds. (Note: defects A and B were previously described gunshot wounds). Incised wounds: On the front of the left wrist there are approximately ten parallel, horizontal, linear, focally merging and overlapping incisions involving a 3 x 1 inch area. They generally range from 1/2 up to 2 inches in length, and involve the skin and subcutaneous tissues. One measures 2 inches in length, is oriented horizontally, transects the pahnaris longus tendon, and partially incised the left ulnar artery. On the back of the left wrist involving the ulnar aspect are a 1/2 inch superficial horizontal skin incision and a 1/8 inch superficial skin incision. On the back of the left wrist are several focally merging, obliquely to horizontally aligned, linear, very superficial skin incisions and red abrasions ranging from less than 1/16 up to 1/8 inch, associated with red cutaneous hemorrhage involving a 1/2 x 1/8 inch area. On the back of the left wrist, somewhat more radial and distal, are a 3/8 inch superficial linear horizontal skin incision and a 1/8 inch red abrasion. A 1/4 inch superficial skin incision is on the left thumb distally. A 1/2 inch horizontal superficial skin incision involves the left index finger distally. A 5/8 inch skin incision to the subcutaneous tissues involves the left middle finger distal to the distal joint. A 5/16 inch skin incision extending to the subcutaneous tissues involves the left proximal medial middle finger. A 5/8 inch skin incision involves the left ring finger distal to SFPD 110796498 Page 5 000137 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. 2011-1002 Name: Date & Time of Necropsy: October 11, 2011 10:30 Hours and October 12, 2011 09:00 Hours the distal joint. A 3/8 inch skin and subcutaneous incision involves the left ring finger proximal laterally. The right ring fmger has a 3/16 inch skin incision near its tip and a slightly more proximal 7/16 inch horizontal incision extending to the subcutaneous tissue. Stab wounds: C. On the left upper abdomen, centered approximately 23-1/2 inches below the top of the head and 3/4 inch left of the anterior midline, is a 7/16 inch obliquely oriented stab wound with a sharp lateral and a dull medial edge. The pathway involves the peritoneal cavity, possibly the stomach greater curvature, with a depth greater than 2 inches. The direction of the stab wound is left to right and downward. There is approximately 50 ml of liquid blood and a blood-soaked surgical absorbant pad within the peritoneal cavity. There is approximately 50 ml of liquid blood in the left pleural cavity, status post surgical intervention. D. In the upper abdomen, centered approximately 24-1/2 inches below the top of the head and 1/2 inch left of the anterior midline, is a 1-1/16 inch obliquely oriented stab wound with a sharp lateral end and a dull medial end. It internally involves the abdominal wall in a left to right and downward direction, and the depth is indeterminate, but at least 1 inch in greatest dimension status post surgical intervention. E. On the left upper abdomen, centered approximately 25-3/4 inches below the top of the head and 1/2 inch left of the anterior midline, is a 7/16 inch horizontally oriented stab wound with a sharp lateral and a sharp medial end. The pathway involves the subcutaneous tissues of the abdominal wall for a depth of approximately 1-1/2 inches, in a left to right and downward direction. F. On the left abdomen, at about the upper and lower quadrant junction, centered approximately 26-1/2 inches below the top of the head and 1-3/4 inches left of the anterior midline, is a 1 inch horizontal stab wound with sharp lateral and medial ends, with a 7/16 inch medial red abrasion tail of the skin. Internally, the wound extends into the peritoneal cavity for a depth of at least 2-3/4 inches, in a left to right and downward direction. The peritoneal cavity contains approximately 50 ml of liquid blood and a blood-soaked surgical absorbant pad, status post surgical intervention. G. On the left lower abdomen, centered approximately 27 inches below the top of the head and 1-3/4 inches left of the anterior midline is a 3/4 inch horizontal stab wound with bilaterally sharp ends, with a pathway involving the subcutaneous tissues of the abdominal wall over a 3 inch depth with a left to right and downward direction. These injuries, having been described above, may not be repeated. Page 6 SFPD 110796498 000138 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. 2011-1002 Name: Date & Time of Necropsy: October 11, 2011 10:30 Hours and October 12, 2011 09:00 Hours INTERNAL EXAMINATION: BODY CAVITIES: The subcutaneous body fat measures approximately 1 cm in maximum thickness at the mid-abdomen. There are two hemorrhagic gunshot wounds and five stab wound defects as previously described. The right pleural cavity contains approximately 100 ml of liquid blood. The left pleural cavity contains approximately 50 ml of liquid blood. There is a chest tube in the right lateral seventh intercostal space. There is a thoracotomy involving the right third intercostal space anteriorly, the stem= at the level of the third intercostal space, and the left fourth rib and intercostal space anteriorly to posteriorly. There is a midline vertical stemotomy and a vertical laparotomy. The peritoneal cavity contains approximately 50 ml of liquid blood and a blood-soaked surgical absorbant pad. There . is a gunshot defect of the left diaphragm. The left retroperitoneum shows surgical disruption. The pericardium has been surgically opened, and the heart has been mobilized. The right atrial appendage contains a sutured catheter. There are multiple intra-abdominal surgical clips or sutures as previously described under "Evidence of Medical Therapy." The small and large intestines have been surgically mobilized. The lower lobe of the right lung and the left kidney have been surgically resected and are received as surgical specimens showing defects as previously described. NECK: There is catheter associated hemorrhage of the right stemocleidomastoid muscle. The strap muscles are otherwise intact and unremarkable. The tongue is unremarkable. The hyoid bone, thyroid and cricoid cartilages are intact and free of apparent injury or hemorrhage. The larynx and trachea contain bloody mucus and show a hyperemic mucosa. There are no prevertebral fascial hemorrhages or underlying cervical vertebral fractures. CARDIOVASCULAR SYSTEM: The heart weighs 290 grams, shows surgical intervention as previously described, and is otherwise intact. The coronary arteries follow their anatomical pathways and show unremarkable and widely patent bilateral coronary ostia, left coronary artery, and left anterior descending and left circumflex branches. The right coronary artery The myocardium is shows approximately 50% atherosclerotic luminal stenosis. homogeneously red-brown, without evidence of infarcts of focal lesions. The cardiac valves, endocardium, papillary muscles and chordae tendineae are free of lesions. The venae cavae are intact and unremarkable. The aorta follows its usual anatomical pathways and shows hemorrhagic defects and surgical intervention as previously described. The portal vein shows injuries and surgical intervention as previously described. RESPIRATORY SYSTEM: The right and left lungs weigh 450 and 385 grams, respectively. The lower lobe of the right lung has been resected and is received as a surgical specimen showing hemorrhagic defects as previously described. All lobes of both lungs show patchy marked congestion with focal hemorrhage most markedly involving the right middle lobe and the left lower lobe. The pleural surfaces are otherwise smooth. The parenchyma is without evidence of consolidation or destructive emphysema. The pulmonary vessels are free of thromboemboli. SFPD 110796498 Page 7 000139 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. 2011-1002 Name: Date & Time of Necropsy: October 11, 2011 10:30 Hours and October 12, 2011 09:00 Hours HEPATOBILIARY SYSTEM: The liver weighs 1960 grams shows an intact capsule covering a congested red-brown parenchyma without evidence of steatosis, fibrosis or mass lesion. There is focal subcapsular congestion with hemorrhage. The gallbladder is intact and contains approximately 3 ml of yellow-orange viscid bile and no stones. The bile ducts are unremarkable. HEMATOPOIETIC SYSTEM: The spleen weighs 50 grams and the capsule is intact. On sectioning, the parenchyma is unremarkable. The thymus has been replaced by adipose tissue and is unremarkable. The thoracoabdorninal and cervical lymph nodes are not enlarged. The bone marrow is unremarkable. ENDOCRINE SYSTEM: The right adrenal gland is unremarkable. The left adrenal gland and the pancreas have hemorrhagic injuries and surgical intervention as previously described, with no evidence of preexisting lesion. GAS1ROINTESTINAL SYSTEM: The esophagus is unremarkable. The stomach shows hemorrhagic defects and is status post surgical intervention as previously described. The gastric contents consist of approximately 10 ml of bloody fluid. The gastric mucosa is otherwise fre( of preexisting lesions. The colon and small intestine are intact and show patchy dark red-purple hemorrhagic mottling. The small intestine contains bloody dark red-brown chyme. The appendix is present and unremarkable. GENITOURINARY SYSTEM: The right kidney weighs 110 grams and has an intact capsule covering an =remarkable smooth cortex with a normal corticomedullary junction. The left kidney has been surgically resected and has hemorrhagic defects as previously described. The pelvicaliceal systems are not dilated, and the ureters are otherwise unremarkable. The bladder contains approximately 2 ml of blood urine and has an intact, smooth, unremarkable mucosa. MUSCULOSKELETAL SYSTEM: There are gunshot wound defects of the right anterior fifth rib, with fractures of the sixth through eighth ribs; a gunshot defect of the right eighth intercostal space laterally and the left seventh rib anterolaterally. There is a chest tube on the right as previously described. There is a bullet within the first lumbar vertebral body and spinal column. There is hemorrhage of the left iliopsoas muscle. READ AND CENTRAL NERVOUS SYSTEM: The soft tissues and muscles of the scalp are intact and unremarkable. The skull is intact with no evidence of fractures. The epidural space, dura and leptomeninges are intact and unremarkable. The dural sinuses and floor of the skull are intact and unremarkable. The circle of Willis is unremarkable. The brain weighs 1470 grams. Externally, the cerebral hemispheres, cerebellum and brainstem are bilaterally symmetrical and =remarkable. On sectioning, the cerebral cortex, ventricles, basal ganglia, hippocampi, midbrain, pons, medulla and uppermost cervical spinal cord are bilaterally symmetrical and =remarkable. Page 8 SFPD 110796498 000140 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No. 2011-1002 Name: Date & Time of Necropsy: October 11, 2011 10:30 Hours and October 12, 2011 09:00 Hours FINDINGS: 1. TWO GUNSHOT WOUNDS INVOLVING THE BILATERAL RIB CAGE; RIGHT LUNG, STATUS POST SURGICAL RESECTION OF THE RIGHT LOWER LOBE; PANCREAS; LEFT ADRENAL; LEFT KIDNEY, STATUS POST SURGICAL RESECTION; LUMBAR VERTEBRAE; LEFT DIAPHRAGM; AND SOFT TISSUES 2. FIVE STAB WOUNDS OF THE ABDOMEN 3. MULTIPLE INCISED WOUNDS OF THE LEFT WRIST AND LEFT HAND 4. INCISED WOUND OF RIGHT RING FINGER 5. CUTANEOUS ABRASIONS AND CONTUSIONS 6. STATUS POST SURGICAL INTERVENTION INCLUDING BILATERAL THORACOTOMY, MEDIAL STERNOTOMY, LAPAROTOMY, RESECTION OF LOWER LOBE OF RIGHT LUNG, RESECTION OF LEFT KIDNEY (Review of the medical records shows that the decedent ) Spec. to Path: Portions of brain, heart, lungs, liver, spleen, pancreas, kidneys, adrenals, esophagus, stomach, appendix, duodenum, thyroid. Histology: Brain, heart, lungs, liver, kidney. Spec. to Tox: Antemortem blood, hemothorax, cerebrospinal fluid, vitreous humor, urine, bile, liver, gastric contents. Physician(s) Present: Ellen Moffatt, M.D. Forensic Tech(s): E. Prendel. Venus J. Azar, M.D. Assistant Medical Examiner An A.P. Hart, M.D. V.J. Azar, M.D. J. Melinek, M.D. E.G. Moffatt, M.D. C. Happy, M.D. VJC/PMT SFPD 110796498 Page 9 000141 CITY AND COUNTY OF SAN FRANCISCO Office of the Chief Medical Examiner Medical Division Case No: 2011-1002 Name: MICROSCOPIC DESCRIPTION Brain: No diagnostic pathologic changes. Heart: No diagnostic pathologic changes. Lung: Sections show patchy acute hemorrhage and intra-alveolar edema, and mild emphysema Liver: No diagnostic pathologic changes. Kidney: No diagnostic pathologic changes. MICROSCOPIC FINDINGS: Acute pulmonary hemorrhage and mild emphysema CAUSE OF DEATH: GUNSHOT WOUNDS WITH SHARP FORCE INJURIES MANNER: HOMICIDE OTHER SIGNIFICANT CONDITIONS: Venus J. Azar, M.D. Assistant Medical Examiner A.P. Hart, M.D. V.J. Azar, M.D. J. Melinek, M.D. E.G. Moffatt, M.D. C. Happy, M.D. VJA/PMT Page 1 SFPD 110796498 000142 City and County of San Francisco Office of the Chief Medical Examiner ct, FORENSIC LABORATORY DIVISION TOXICOLOGY REPORT Name: Case No: Date of Submission: Date of Report: 2011-1002T 10/13/2011 01/27/2012 M. E.: VA ANALYTICAL RESULTS: SPECIMEN TYPE COMPOUND RESULT Blood(AM)1 Plasma/Serum(AM)2 Blood (Hemothorax) Blood (Hemothorax) Urine COMMENTS No Date; No Time. 2Plasma/Serum: 10/03/2011; 0804 hrs. Report prepared by COM. GC,(A, 1Blood(AM): Nikolas P. Lemos, Ph.D., FRSC, D-ABFT Director & Chief Forensic Toxicologist ANALYTICAL PROTOCOL: Specimens submitted were subjected to Analytical Panels A, B and C. Analytical Panel A detects and quantifies ethanol, methanol, isopropanol and acetone and may also detect other volatile compounds which would require additional analyses their confirmation and/or quantitation. Analytical Panel B detects, confirms and/or quantifies Amphetamines, Barbiturates, Benzodiazepines, Cannabinoids, Cocaine, Fentanyl, Methadone, Phencyclidine (PCP), Opiates/Opioids and Tricyclic Antidepressants. Analytical Panel C detects, confirms and/or quantifies over one hundred drugs and metabolites. Please contact the Forensic Laboratory Division if you have questions regarding specific substances. SFPD 110796498 Hall of Justice • 850 Bryant Street • San Francisco • California • 94103-4603 Telephone: • Fax: 000143 GEORGE GASCON DISTRICT ATTORNEY CITY AND COUNTY OF SAN FRANCISCO August 20, 2013 Chief Gregory Suhr Office of the Chief of Police San Francisco Police Department • 850 Bryant Street, Room 525 San Francisco, CA 94103 Re: Officer Involved Shooting on October 3, 2011 (Report No. 110796498) Dear Chief Suhr: The San Francisco District Attorney's Office has completed its review of the October 3, 2011 shooting at Funston Avenue involving San Francisco Police Officer William Heppler (Star #1726). Based on evidence available, we have concluded that Officer Heppler was acting lawfully in self-defense and defense of others when he shot . Our review did not examine such issues as compliance with the policies and procedures of the law enforcement agency, ways to improve training or tactics, or any issues related to civil liability; accordingly, our review should not be interpreted as expressing an opinion on these matters. FACTUAL SUMMARY According to the investigation, on October 3, 2011 at about 7:15 a.m., Officer William Heppler was on duty when he received a call that an was stabbed by on the 600 block of Funston Avenue. When Officer Heppler arrived at the scene, police, fire trucks, and other emergency services were already present. Police made contact with who was on the sidewalk. was bleeding badly from hands. There was a blood trail down the sidewalk and blood at the front door. stated that had been stabbed with a knife by (later identified as ). showed police a knife in the flower pot near him and said it was the knife used to cut him. said ad and was still upstairs in the home. Uniformed and plain clothes officers lined up with Officer Heppler at the front door to the home and made entry. They noticed blood on the entryway, stairs, wall and railing. The exact order of entry changed as the six officers moved up the stairs, but the general order of entry was as follows: uniformed Officer Kevin Ison (Star #176) with the ERIW, uniformed Officer Jason Hernandez (Star #1608), plainclothes Officer Troy Carrasco (Star #1599) with badge, plainclothes Officer Heppler with badge, uniformed Sergeant Lawrence Gray (Star #1304), and uniformed Officer Joseph Filamor (Star #213). As the officers entered, they yelled "Police." Officer Heppler had his gun in his hand, pointed down, as the other officers in front of him had their guns raised. When Officer Heppler and the other officers reached the top of the stairs, they saw a badly bleeding (later identified as and ) lying face down in a darkened hallway. Suddenly, a (later 850 BRYANT STREET, SAN FRANCISCO, CA 94103 PHONE: SFPD 110796498 * httP//www.districtattorney.org 000144 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE DISTRICT ATTORNEY Chief Gregory Suhr August 20, 2013 Page 2 identified as ran from one back room to another back room and locked the door. The did not respond to commands to come out of the back room. Officer Carrasco holstered his weapon, and pulled the injured feet down the hallway towards the stairs. Officer Heppler and the other officers provided cover and attempted to clear the other rooms. Officer Heppler raised his weapon to the ready position to cover Officer Carrasco and Suddenly, entered the hallway, holding two knives outward at chest level, as moved directly towards Officer Heppler. Officer Heppler backed up yelling "Police" and "Drop the knife." Officer Carrasco was approximately two feet to Officer Heppler's left, trying to move the injured down the stairs. stared, did not respond to the commands, and continued to move directly towards Officer Heppler with knives held forward. Officer Heppler fired two shots at 's chest area from a distance of about 5 to 7 feet away. fell forward and down onto the hallway floor just a few feet from Officer Heppler. Officer Carrasco then hurriedly dragged down the stairs. Emergency personnel transported General Hospital / Mission Emergency Hospital. wounds to the head, neck and torso. wounds to the chest. to San Francisco died later that morning from stab died later that morning from two gunshot Officer Heppler feared that would stab him. Officer Heppler knew Officer Carrasco and the injured were just a couple of feet to his left as Officer Carrasco had not yet moved the injured to safety. Officer Heppler stated that he was in fear for his life and the lives of others when he fired his service weapon. CONCLUSION California Penal Code section 835a allows an officer to use reasonable force to make an arrest, and to overcome resistance by a person for whom he has reasonable cause to believe has committed a public offense. That section states the officer need not retreat or end his effort to make an arrest because of that person's resistance. Under California law, peace officers may use deadly force to protect themselves from the threat of death or great bodily harm. California law permits the use of deadly force in self-defense or in defense of others if it reasonably appears to the person claiming the right of self-defense or the defense of others that he actually and reasonably believed he or others were in imminent danger of great bodily injury or death. People v. Williams (1977) 75 CalApp.3d 731. In protecting himself or another, a person may use all force which he believes reasonably necessary and which would appear to a reasonable person, in the same or similar circumstances, to be necessary to prevent injury which appears to be imminent. CALCIUM 3470. SFPD 110796498 000145 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE DISTRICT ATTORNEY Chief Gregory Suhr August 20, 2013 Page 3 The facts in the present case indicate Officer Heppler fired his weapon at from a distance of about 5 to 7 feet as ignored Officer Heppler's commands to "Drop the knife" and continued to move directly towards Officer Heppler with two knives held outward. Officer Heppler was aware at the time that Officer Carrasco was approximately two feet to his left, trying to move down the stairs. He also knew that said attacked with a knife, and he had reason to believe that was responsible for grave injuries. It was reasonable for Officer Heppler to fire at to protect himself, the other officers and It is our conclusion that Officer Heppler acted lawfully. Very t y yours, Attorney c: SFPD 110796498 Lieutenant Tim Plyer Officer William Heppler 000146 Memorandum San Francisco Police Department To: From: Captain Joseph McFadden Commanding Officer Major Crimes Unit Sergeant Scott W. VVarnke #1397 Homicide Detail (Major Crimes Unit) APPROVED YES „ apt, JosephcIT fjen 0 El Date: Thursday, October 03, 2013 Subject: Officer Involved Shooting # 11-08 NO El MEMBER INVOLVED: Officer William Heppler #1726 Date of Hire: Date Assigned to Richmond Station: May 2008 TYPE OF INCIDENT: Officer Involved Shooting Resulting in a Fatality DATE & TIME: LOCATION: INITIAL CALL: Monday, October 3, 2011 @ 0718 hours Funston Avenue Report of a stabbing OFFICERS INJURED: None SUSPECT: VICTIMS: RICHMOND STATION PERSONNEL ON SCENE: Captain Keith Sanford # 1414 Lieutenant Frank Lee #1771 Sergeant Lawrence Gray #1304 Officer Troy Carrasco #1599 Officer Karen Ferretti #1689 Officer Joseph Filamor #213 Officer William Heppler #1726 Officer Jason Hernandez #1608 Officer Kevin !son #176 SFPD-68 (03/89) * SFPD 110796498 000147 Officer Ron Ophir #1772 Officer Robert Wong #2005 Officer Eddie Wu #18 BUREAU OF INVESTIGATIONS PERSONNEL: Commander Mike Biel # 677 Captain John Murphy # 2158 Lieutenant Hector Sainez Inspector Daniel Cunningham #650 Sergeant William Braconi #2246 Sergeant Scott Warnke 31397 Investigations Bureau Investigations Bureau Homicide Detail Homicide Detail Homicide Detail Homicide Detail ADMINISTRATION, FIELD OPERATION PERSONNELL: Chief Gregory Suhr #887 Commander Lyn Tomioka #1113 Deputy Chief Kevin Cashman #936 Captain Douglas McEachern #1124 Lieutenant Robert Yick #1264 Sergeant Michael Nevin #166 Inspector Kirk Tomioka #364 Sergeant Kathryn Waaland #1361 Lieutenant Troy Dangerfield # 250 Officer Alberto Esparza #4150 Officer Sean Fulgado #809 Office of the Chief Office of the Chief Field Operations Bureau Risk Management Internal Affairs Internal Affairs Internal Affairs Internal Affairs Media Relations Unit Media Relations Unit Field Training Office CRIME SCENE INVESTIGATIONS PERSONNEL: Captain Louis Cassanego #146 Lieutenant Joseph McFadden # 2236 Sergeant David Kamita #1392 Inspector Rod Nakanishi #1072 Officer Amy Cole #1229 Officer Anthony. Gomes #911 Officer Kathy Pubill #1284 Officer Angela Rouede #974 Civilian Aide Valve Zuercher-Valdespino # 4698 OFFICE OF THE DISTRICT ATTORNEY PERSONNELL: Assistant District Attorney Michael Sullivan District Attorney Investigator Kathy McCarthy # 704 SFPD-68 (03/89) SFPD 110796498 000148 SAN FRANCISCO FIRE DEPARTMENT PERSONNELL: Firefighter Chan - Engline 14 Firefighter Jansen - Engine 14 Firefighter Rensi - Engine 14 OFFICE OF CITIZEN COMPLAINTS PERSONNELL: Investigator Dennis Maxson TARAVAL STATION PERSONNELL: Inspector Kevin Cleary # 155 Significant Event Timeline per CAD 07:18:58 — Neighbor calls 911 and reports that o had been stabbed by . 07:21:47 — 3G3A, Officer Wong #2005 advises that incident is CODE 4. 07:23:42 — 3G1A, Officer Hernandez #1608 requests a CODE 33 for channel A-8. 07:24::48 — 3G35, (Officer Carrasco #1599), advises that he had 1 on the ground, possibly and year old . 07:25:21 — 3G35, (Officer Carrasco), advises shots were fired and I was down, and that 2 more ambulances were needed. Narrative On Monday, October 3, 2012 Officer Heppler was assigned to work in plain clothes with Officer Carrasco. Their call-sign was 3G35. Both officers wore street clothes. Sergeant Lawrence Gray #1304, Officers Joseph Filamor #213, Officer Jason Hernandez #1608, Officer Kevin !son #176, and Officer Wong #1772 were all working patrol in uniform. At 0718 hours a call of a stabbing was broadcast at Funston Avenue. A had been stabbed by . was still inside of the residence. Officer Wong arrived at the scene first and met with that had been stabbed, , from here on referred to as An ambulance was at the scene and began tending to was bleeding profusely from a stab to one of his hands. It was learned that the stabbing suspect, from here on referred to as was still inside of the residence. A large kitchen knife was located in an planter box on the sidewalk in front of the residence. SFPD-68 (03/89) SFPD 110796498 000149 Officers Carrasco, Heppler and Hernandez arrived at the scene and mustered at the front door to the residence and formulated a plan of entry. A decision was made to wait for Officer !son because Officer lson advised that he was en route with a 'less lethal' — Extended Range Impact Weapon — E.R.1.W. Officer 'son arrived with the 'less lethal.' Sergeant Gray and Officer Filamor arrived. Entry was made into the unit, a 2 story flat. Officer lson was covered by Officer Hernandez. The officers went up the staircase to the second floor. Officers Hernandez and !son systematically cleared the room to the right, west, of the staircase landing as Officer Carrasco covered the hallway to east of the staircase. As Officers !son and Hernandez were clearing the bedroom directly south of the staircase Officer Carrasco reached across the hallway and turned a light switch on, but nothing happened. Officer Carrasco looked to his left, east, and saw an , 1 day shy of th birthday, from here on referred to as , laying face down in blood. was gurgling. Officer Carrasco advised the other officers and dispatch of his observations. Officer Carrasco asked Officer Heppler to cover him. Officer Carrasco holstered his drawn firearm, walked several feet to , grabbed legs, drug back down the hallway towards the staircase, and then down a few steps to a landing. At that time suddenly walked out of the bathroom in the hallway on the north side was holding 2 knives, one in each hand at approximately shoulder level. did not say anything. Multiple commands to drop the knife were given by several officers. charged at Officer Heppler. Officer Heppler retreated a few feet. continued charge at Officer Heppler. Officer !son approached the hallway door of the room he was clearing. Officer lson discharged the 'less lethal' weapon once at . Officer Heppler discharged his department issued firearm twice at fell to the floor without ever saying a word. had 2 gunshots wounds to chest area. A , from here on referred to as , walked out of a bedroom into the hallway, ignored commands to put hands up, and locked an adjoining bedroom. Officer forced entry into that bedroom and detained pending further investigation. (It was later determined that not involved in the violence that occurred in the residence). Ambulances were summoned. At 0934 hours At 0941 hours in and were transported to SFGH. was pronounced dead. was pronounced dead. survived the attack, but received serious arm and hand wounds. SFPD-68 (03/89) SFPD 110796498 000150 Summary of Officer/Sergeant Statements Statements were taken by Sergeants Braconi and Warnke, Assistant District Attorney Sullivan, and District Attorney Investigator Posada. Officer Wong's Statement Summary He was at the station and a call of an A priority stabbing was broadcast. He ran to his car and advised dispatch that he was responding. He followed an ambulance to the scene and advised dispatch that he and the ambulance were at the scene. He saw outside of the residence with a towel wrapped around a bleeding hand. told him that had stabbed reached for a knife that was in the planter box on the sidewalk in front of the residence. Officer Wong asked not to touch the knife. The other responding officers made entry into the unit. He heard, "pop, pop, pop" and recognized the sounds to be gunfire. He went back to the residence and saw Officer Carrasco pulling a bloody out. Officer Filamor's Statement Summary He received a call of an A priority stabbing call. Upon his arrival he saw that there were plain clothes and uniformed officers present. Entry was made. Officer Carrasco located on the ground bleeding. Officer Carrasco pulled the down the stairwell, at which time a came out of a room on the left side. The had 2 knives. Verbal commands of, "Drop the knife" were given. The kept walking towards them. Officer Heppler discharged his weapon and the subject went down. The knives were secured. A was also detained. The had a crazed look on face. The person with the knife didn't say anything. Officer Hernandez' Statement Summary Dispatch advised that there was a stabbing at Funston. He responded as backup. When he arrived he saw a bleeding walking in front of the building. Officer Wong walked the to the ambulance. He proceeded to the front of the house with Officers Carrasco, Heppler and lson. He was aware that a had been reported as down. He was clearing a room with Officer 'son and he heard officers in the hallway yelling, "Drop the knife, drop the knife." He saw Officer Heppler retreating as the was coming towards . He saw Officer Heppler fire his duty weapon. The suspect fell to the ground. Officer Carrasco grabbed the and took out of the house. He had seen the unning towards Officer Heppler with a knife. SFPD-68 (03/89) SFPD 110796498 000151 Sergeant Gray's Statement Summary There was a call that a had stabbed . He rolled in that direction with most of the other day watch units. He was probably the 4th unit there. Officer Wong was interviewing the victim ( They waited for the E.R.I.W. to arrive. Officer !son arrived with the E.R.I.W. They entered the building. While rooms were being cleared Officer Carrasco said that he saw a body down. He himself looked and saw that the body was motionless. Officer Carrasco grabbed the body and dragged it down the hallway past him and down the stairs. He heard officers yelling, "Stop, stop." He saw Officer Heppler back pedaling. He then saw Officer Heppler discharge his firearm. The suspect was bleeding with 2 knives on the ground next to body. The suspect did not say anything. The suspect got about 4 feet from Officer Heppler. They entered because it was a family situation and they were afraid that there may have been other victims inside. Officer Carrasco's Statement Summary He was working in plain clothes with Will Heppler today. They have worked together for 3 weeks. They also worked together about a year prior. There was a call for service, a had been stabbed in the hand by They arrived and ran to the front door. There was blood all over the sidewalk, foyer marble entrance and stairwell — all of the way up. They made entry and went up the stairs. All of them gave commands that they were the police and to come out with their hands up. The hallway to the left was darker than to the right. He turned the light switch on. The lights didn't work. He saw a laying face down wearing pajamas. The was gurgling and not moving. He told Will (Heppler) that he had to get the out of there. He went into the hallway about 3 to 4 feet. He went down low and saw a closed door to his left. As he went down he saw that there was movement down the hallway. A stepped out of the room on the right. He grabbed the by the ankles and started to pull . After he left the hallway he watched Officer Heppler go from the low ready' to the point and heard him yelling, "Drop it, put your hands up." He pulled hard and got the legs out of the hallway. He then saw coming out of the hallway into the landing area. He saw Officer Heppler back up 2 to 3 steps and fire twice. The went down. He took the down the steps and outside to a medic. He did not return to the residence. The suspect was no more than 3 to 4 feet from Officer Heppler when he was shot. I asked Officer Carrasco what he was thinking while it was going on. Officer Carrasco said, "Somebody's gonna get killed. Somebody's gonna get shot. I thought was gonna stab either me or my partner." SFPD-68 (03/89) SFPD 110796498 000152 Officer !son's Statement Summary He was notified by dispatch that there was a possible stabbing on Funston. He was still at the station preparing his gear for the day. He had grabbed an E.R.I.W. and responded to the call. He arrived and saw the paramedics, and Officers Wong and Hernandez. He loaded up his E.R.I.W. As soon as enough units arrived he took point and entry was made. He cleared a room with Officer Hernandez as his close cover. After clearing the first room he was approaching another, the den, at which time he noticed that there was a body on the ground. As soon as he cleared the den he heard Officer Heppler scream, "Police. Show me your hands. Put knife down, put the knife down!" He then saw Officer Heppler back up with his firearm pointed straight forward. He had the E.R.I.W. at his shoulder. He saw the suspect cross the door area that he himself was about to exit out of, at which time he fired 1 bean-bag round at . He aimed chest high at the suspect and he believed that he hit the suspect on the left side of the body. The E.R.I.W. round did not stop the suspect. He believed that Officer Heppler fired at the same time. He saw the suspect fall to the ground face down. He kicked a door in and detained a . He had seen a knife in the suspect's left hand. Officer Heppler's Statement Summary They got a call of an who had been stabbed in the hand, possibly by When they arrived the fire trucks were already on-scene, as were Officers Hernandez and Wong. They made entry with Officers Hernandez and 'son and Carrasco in front of him and Sergeant Gray behind him. There was blood all over the entryway and on the railing of the stairs. He had his gun at the low ready.' When they got to the top of the stairs and was laying face down in the hallway. The was not moving. Officers lson and Hernandez went into the kitchen to clear it. A maybe , went into a room at the end of the hallway. They started yelling, "Come out. Police. SFPD. Come out with your hands up." There was no response. Officer Carrasco said that he was going to holster and try to render aid by pulling out of the hallway. Officer Carrasco started pulling the victim out. Officer Heppler yelled, "SFPD, come out with your hands up, come out with your hands up." As he was looking down the hallway a year old came out of a room real close to him holding a knife in hand. The had a glazed look on face and 'dead' eyes. The raised hand. Officer Heppler said, "Drop it, drop the knife, drop the knife. Police, drop the knife." Officer Heppler started to back up and back pedaled a little bit. The suspect charged him and he shot . Officer Heppler felt that there was an imminent threat to the officer's safety at the scene, and his own life, and he wanted to stop the threat. Officer Heppler did not know how many rounds he fired, but he knows that shot SFPD-68 (03/89) SFPD 110796498 000153 SUMMARY OF CIVILIAN STATEMENTS (Neighbor of ) Statement Summary has lived at Funston Avenue for 26 years. rang doorbell at approximately 7:15 am. saw bleeding. asked to get help. called 911. By that time was outside with As the dispatcher asked questions would relay the question to and then relay answers to the dispatcher. told him that "did it." then walked over to a potted plant and pulled a knife out of it. The knife was a brown handled steak knife with a 7 to 8 inch blade, and it appeared to have been wiped clean, but there was blood residue on it. The first officer that arrived was . That officer waited and a couple of plainclothes officers arrived. By then 5 to 6 officers were present with their guns out, one of which had a rifle with red markings. All of the officers went in. The plain-clothes officers came out running, holding onto each other. One of the officers was definitely shaken up. To him it appeared that did not have full control of s mind. was not aware of any previous acts of violence at the residence, nor did even know that the had a Neighbor of ) Statement Summary lives at Funston Avenue. Yesterday, October 2nd, was working in garden between 3:00 and 4:00 pm. heard arguing that sounded like it was coming from a couple of houses away thought about calling the police. heard someone say, "Stop it, stop it, I told you no. Shut up." It lasted for 3 to 4 minutes. The arguing was in English. thought that heard an animal yelp in pain. didn't call the police because the noise stopped. (Neighbor of Statement Summary lives at Funston Avenue. At approximately 7:00 am heard what thought was a car alarm. noticed that the sound was coming through bathroom hallway. About 5 to 10 minutes late heard a moaning/groaning sound. did not really know neighbors. ( i advised tha for Statement Summary was at the time of the incident. SFPD-68 (03/89) SFPD 110796498 000154 Statement Summary knocked on heard talking nonsense at approximately 2:00 am. s door and told to go to sleep. himself went back to sleep. At approximately 7:00 am came out of the bathroom and saw with a knife in right hand. tried to grab the knife with left hand. was able to get the knife away from . After getting the knife away from ran downstairs with the knife to get help. LAB WORK COMPLETED I have received a completed report from the Crime Scene Investigations Unit, which includes a diagram of the residence, an itemized list of items seized, and a draft of the Crime Scene Observations/Notes prepared by Officer Pubill. Photographs were taken by Sergeant Kamita of the Forensic Video Unit. Inspector Nakanishi from the Forensic Video Unit took video of the scene. Officer Gomes from Crime Scene Investigations' completed a Bloodstain Pattern Report. A Firearm Operability Test was conducted by Criminalist Mark Proia with Officer Heppler's department issued .40 caliber Sig Sauer pistol. The pistol was found to be functional and the trigger pull was determined to be within the manufacturer's specifications. The bullet and cartridge submitted were fired from Officer Heppler's pistol. DISTRICT ATTORNEY'S OFFICE A copy of the information relied upon in the preparation of this report was forwarded to District Attorney Investigator Jimmy Posada for a determination regarding the existence of any criminal culpability on the part of Officer Heppler. On August 20, 2013 George Gascon, the District Attorney for the City and County of San Francisco, sent Chief Suhr a letter regarding the incident. The letter advised that the District Attorney determined that Officer Heppler was acting in self-defense and defense of others when he shot SFPD-68 (03/89) SFPD 110796498 000155 Officer William Heppler 2 - OIS 11-006 11/01/2011 SGT. JUAREZ: Okay. Today is November 1st. This is regarding Case Number, OIS Case Number 11006. It's taking place in the office of Internal Affairs Division on November 1st, at approximately 13:45 hours. Conducting this interview is myself, Sergeant Martha Juarez; Star Number 1800. The member being interviewed, if you can state your name and star? OFC. HEPPLER: Uh, William Heppler, Star Number 1726. SGT. JUAREZ: Okay. Representing this officer: CHRISTOPHER SHEA: Christopher Shea, an attorney at law with the Police Officers Association. SGT. JUAREZ: Also present_ SGT. WAALAND: Sergeant Catherine Waaland, Star 1361. SGT. JUAREZ: Okay. Uh, Officer Heppler, have you read Department General Order 2.01, Rule 21? .OFC. HEPPLER: Yes. SGT. JUAREZ: And do you understand? OFC. HEPPLER: Yes. SGT. JUAREZ: Okay. Have you read Government 1 Roomian & Associates, (415) 362-5920 SFPD 110796498 000156 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 Code Section 3303E? OFC. HEPPLER: Yes. SGT. JUAREZ: And do you understand? OFC. HEPPLER: Yes. SGT. JUAREZ: . Okay. Are you familiar with Department General Order 2.01, Rule 49, divulging confidential information? OFC. HEPPLER: Yes. SGT. JUAREZ: Okay. Basically it's because this is a confidential investigation, I am ordering you not to speak to anyone regarding this interview to anyone, with the exception of your lawyer. Do you understand? OFC. HEPPLER: Yes. SGT. JUAREZ: Okay. Let's see, due to the nature of this administrative investigation, Government Code Section 3303H requires me to advise you of your constitutional rights. Therefore, it is important that you understand that criminally, you have the right to remain silent. Anything you say may be used against you in court. You have the right to an attorney before and during questioning. Do you understand these questions that I've explained to you? 2 Roomian & Associates, (415) 362-5920 SFPD 110796498 000157 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 OFC. HEPPLER: Yes. SGT. JUAREZ: Okay. With these rights in mind, would you like to speak to me now? OFC. HEPPLER: No. SGT. JUAREZ: Okay. While you have the right to remain silent with regard to any criminal investigation, you do not have the right to refuse to answer my questions administratively. This is an administrative investigation. I work for the Internal Affairs Division of the San Francisco Police Department. I have been designated by the Chief of Police to conduct this investigation. I'm therefore, ordering you to answer all my questions fully and honestly. If you refuse to answer my questions, your silence can be deemed insubordination, and result in administrative discipline up to and including termination. Any statement you make under compulsion of threat of such discipline is for administrative purposes only, and cannot be used against you criminally. Your statements and any information gathered will be held confidential consistent with California Penal Code Section 832.7, and information gathered will not be divulged except as required by law. 3 Roomian & Associates, (415) 362-5920 SFPD 110796498 000158 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 Officer Heppler are you, uh, prepared to be interviewed at this time? OFC. HEPPLER: Yes. SGT. JUAREZ: Okay. Great. So uh, we spoke earlier, before the interview. I'm not going to have you tell me everything. OFC. HEPPLER: Okay. SGT. JUAREZ: That you, I mean, everything. We'll review everything like we did at the homicide interview. I do have specific questions that I do have for you. But when you arrived at the scene, you stated that you all stacked in formation? OFC. HEPPLER: Yes. SGT. JUAREZ: At the door. Can you go ahead and explain that to me, please. OFC. HEPPLER: Uh, we, we got in a line. Uh, because there was_when you entered the front of the residence, it immediately goes up the staircase. SGT. JUAREZ: Uh-huh. OFC. HEPPLER: So basically one officer after another and then you know, clearing up the staircase based upon, I guess, our training that that we had; all had when we were in the academy. And I was third, third in the line. 4 Roomian & Associates, (415) 362-5920 SFPD 110796498 000159 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 SGT. JUAREZ: Uh-huh. OFC. 'HEPPLER: In the stack if you want to call it a stack. SGT. JUAREZ: And can you give me a reason why would people stack to go into a building? OFC. HEPPLER: Uh, officer safety purposes for, for us. I mean, so you have one person looking up, one person looking you know, in different directions, and uh, staying close to each, each other. Instead of having maybe one person run up the stairs and getting hurt or injured or something else and then sending another person up there. I mean, we're close together there. SGT. JUAREZ: Okay. Was that discussed before going into the building? OFC. HEPPLER: Uh. SGT. JUAREZ: With you and your other fellow officers that were there? OFC. HEPPLER: Yeah. Uh, briefly; I mean it was an intense situation and it happened fast, but we did all say wait for more people. When the first officer was there we were waiting for enough officers to go up in there. 5 Roomian & Associates, (415) 362-5920 SFPD 110796498 000160 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 SGT. JUAREZ: Okay. OFC. HEPPLER: So like we didn't want just one person to go up there, we waited for, until we had about four, four or five. SGT. JUAREZ: Okay. And the plan was to go ahead and do what? OFC. HEPPLER: To search the, the premises. SGT. JUAREZ: Okay. And can you, do you recall the order of which of how you were stacked? OFC. HEPPLER: Yeah. I, I believe from my, my best recollection Jason Hernandez was first and then Kevin Ison and then Troy and then myself and then Sergeant Gray and then I mean, I'm not really sure who was after that. I mean, at the time I wasn't_I don't remember who was, who was after that. SGT. JUAREZ: Okay. OFC. HEPPLER: Did that make sense? SGT. JUAREZ: Uh-huh. OFC. HEPPLER: I've been told later on, but immediately after I didn't remember. SGT. JUAREZ: Right. No, exactly what you recall from that. OFC. HEPPLER: Okay, yeah. 6 Roomian & Associates, (415) 362-5920 SFPD 110796498 000161 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 SGT. JUAREZ: And I know it's been a long time. OFC. HEPPLER: Yeah. SGT. JUAREZ: Since this incident happened on October 3rd. OFC. HEPPLER: Yeah. SGT. JUAREZ: So and it's now November 1st SO I know it's, it's been a while. So I'm sure, you know, discussions have been made at this time. So going back to that then again, so no formal discussion was done? It's just you waited for cover? OFC. HEPPLER: Waited for cover; enough officers and said okay. We're going to go in a stack. We're going to go up the stairs and search the premises. Stay, you know, close to each other, and then two officers, Jason and uh, Kevin went to search the other side where we covered them. SGT. JUAREZ: Okay. And then when...what was the information that you remember having before entering that building? OFC. HEPPLER: That a uh, like a a cut -year-old r, and -year-old, , uh, had stabbed or was outside with a 7 Roomian & Associates, (415) 362-5920 SFPD 110796498 000162 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 neighbor. And that you know, and that may still be inside, stabbed but was outside. So we were going to in there and look for the_because for was bleeding outside_look . SGT. JUAREZ: Okay. Did you see bleeding? OFC. HEPPLER: I did not. SGT. JUAREZ: You did not. OFC. HEPPLER: No. SGT. JUAREZ: But this is the information that you have? OFC. HEPPLER: Yes. SGT. JUAREZ: What were the first observations that you made before going up the stairs? OFC. HEPPLER: Uh, I uh, I remember when_there's a little entryway, very small. And I remember seeing a lot of blood, and a lot_seeing blood on the railing. And I just kind of thought to myself like, this is, this isn't good. Because I mean, you go to a lot of calls, you guys know this, you go to calls, maybe some with a knife, and there's no blood or anything and you_everything's intense. And you're always focused, but when you 8 Roomian & Associates, (415) 362-5920 SFPD 110796498 000163 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 see all, I mean a lot of blood, you kind of get that feeling like uh, something's not good here. SGT. JUAREZ: What made, what did you think when you saw that blood? I mean what, while you're proceeding up the staircase I'm guessing. OFC. HEPPLER: I was thinking that the was hurt worse than...because in_the call was either got cut on I think, it was the arm or something. Or was stabbed in the_but was talking to the neighbor, had the neighbor call 911. Then I was thinking that was actually worse than, maybe than when the call came in. Because it...when we got there the fire trucks and the ambulance was there, and another officer was already with, with the . So I was thinking uh, this is might be, might have really hurt worse than I initially thought, because there was blood all up the railing and stuff. SGT. JUAREZ: Okay. Did you see blood continuously as you were going up? OFC. HEPPLER: Uh, you know I saw it at the bottom and I saw it on the railing and I focused on the railing because Sergeant Gray was behind me. I'm walking up but I looked back and he was going 9 Roomian & Associates, (415) 362-5920 SFPD 110796498 000164 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 to put his hand on the, on the railing, and I, I was like, "Larry, don't put your hand on the railing." And at that point I kind of started looking up; I didn't really focus on, on the, down anymore. I was paying more...because I was getting closer to the landing on top of the stairs. SGT. JUAREZ: Okay. What was your, uh, level of officer safety at that point? What, what came, what kind of things came into your mind? OFC. HEPPLER: Uh, I don't...I don't know, I don't really remember. I remember being alert; more ale...I mean I just was very alert. SGT. JUAREZ: Okay. OFC. HEPPLER: Yeah. It was probably like any other scene that you go to. I was, it's hard to explain, but I think my officer safety didn't hit a little higher alert until I saw the go from one side of the hallway to the other, other room. SGT. JUAREZ: Uh-huh. OFC. HEPPLER: And we were, police, come out, and wasn't coming out. That's when I kind of, you know, get that sixth...then the hairs on_that, that's when I got a little bit more like, okay. This might be_good one, you know? 10 Roomian & Associates, (415) 362-5920 SFPD 110796498 000165 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 SGT. JUAREZ: Uh-huh. OFC. HEPPLER: But then obviously, the was on the ground. And that would_that none of the first [unintelligible] uh, and then you see a flash by. It's like, uh, you're going to have to go down there and get SGT. JUAREZ: Uh-huh. OFC. HEPPLER: It's like uh, I don't want to go down there and get . SGT. JUAREZ: Okay. Uh, so you get up to the top of the staircase. You mentioned earlier that Officer Hernandez and Officer Ison went to the right? OFC. HEPPLER: Yeah. They went straight, uh, you know in a straight_okay. SGT. JUAREZ: Yeah. In, in the beginning of the interview I had placed uh, four pictures in front of you. They're labeled one, two, three, and four. So if you're going to reference a picture, I would like you to go ahead and reference it. OFC. HEPPLER: Okay. So_ SGT. JUAREZ: Do it to what the number of the picture is and then go from there. OFC. HEPPLER: I'm looking at pictures one and 11 Roomian & Associates, (415) 362-5920 SFPD 110796498 000166 Officer William Heppler 2 OIS 11-006 - 11/01/2011 four. SGT. JUAREZ: Okay. OFC. HEPPLER: I was number four in the line or the stack. So when they got to the top, they immediately went to_they obviously looked down the hallway, but I, I assume, that's what I would have done, and then Officer Carrasco and I went to the_on picture one, to the threshold of the hallway; while Officers Hernandez and Ison went into the kitchen, which is back here. SGT. JUAREZ: Which you're referencing to Picture number 4. OFC. HEPPLER: Uh, Picture number 4, and then living room's_you could see the living room in the back on picture four. SGT. JUAREZ: Okay. OFC. HEPPLER: So they went to clear this side of the house. SGT. JUAREZ: Okay. So back on picture one, you're saying that there's a doorframe. OFC. HEPPLER: Yes. SGT. JUAREZ: Right here, right? On the outsets of the railing, a stair railing? OFC. HEPPLER: Uh-huh. 12 Roomian & Associates, (415) 362-5920 SFPD 110796498 000167 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 SGT. JUAREZ: Right at the top of a step. So you're referencing this doorframe right here. OFC. HEPPLER: Yeah. That's where my partner, Officer Carrasco, and I were while Officers Hernandez and Ison were in this portion of the house back in here. SGT. JUAREZ: Back in the area. OFC. HEPPLER: Yeah. SGT. JUAREZ: Of the fourth. Now you referenced the kitchen. Just real quick, do you know as of that time, and/or of this time, that that is a kitchen back in this area? OFC. HEPPLER: No. SGT. JUAREZ: You do not know? OFC. HEPPLER: I'm assuming it is a kitchen. SGT. JUAREZ: Okay. You're assuming it is a kitchen? OFC. HEPPLER: Sorry if it's not. SGT. JUAREZ: Uh, that's fine. No, I just wanted to make sure, because you're, you're just referencing a kitchen? OFC. HEPPLER: Yeah. SGT. JUAREZ: So they checked_ OFC. HEPPLER: There's a room over here I 13 Roomian & Associates, (415) 362-5920 SFPD 110796498 000168 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 should say, and there's a, a_I don't know, a living room. I walked it after the incident. I walked back in there. SGT. JUAREZ: Okay. OFC. HEPPLER: And then came back. So I know that was like a living room area in this portion. SHEA: You're referencing_ OFC. HEPPLER: Picture four, sorry. SHEA: Picture four which is the room at the very front of the residence, which would be on the street-side? OFC. HEPPLER: Yes. SHEA: Okay. SGT. JUAREZ: Okay. So you and Officer Carrasco are in this area here in Picture number 1, pointing to Picture number 1. OFC. HEPPLER: Uh-huh. SGT. JUAREZ: What do you see when you're looking down that hallway of Picture number 1? Which looks like it goes into a hallway into a back area? OFC. HEPPLER: Yeah. This is very, this picture, the way it was taken, it's more well-lit than it was at the time. When we got in the 14 Roomian & Associates, (415) 362-5920 SFPD 110796498 000169 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 residence, all the lights were off. SGT. JUAREZ: Uh-huh. OFC. HEPPLER: And we had to like search for a light, and I think someone turned the light on here. In picture one you can see a light switch right here. So someone flicked that, but it didn't really turn the hall lights on back. I think it may have turned lights on f_I don't really remember, but uh, we just saw a dark hallway at the end, and it was early morning so you could, you could see down the hallway but it was still dark. Uh, Officer Carrasco was standing where, where the officer is right here. SGT. JUAREZ: Okay. There's a picture of a Sergeant Waaland in this, in Picture number 1. OFC. HEPPLER: Uh-huh. SGT. JUAREZ: So you're saying Officer Carrasco was where in relation to Sergeant Waaland? OFC. HEPPLER: Uh, if you go uh, parallel right to the doorway, he was right there. SGT. JUAREZ: Okay. OFC. HEPPLER: And I was right, kind of, on his hip right, right next to him. SGT. JUAREZ: Okay. 15 Roomian & Associates, (415) 362-5920 SFPD 110796498 000170 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 OFC. HEPPLER: He was pointing his firearm down the hallway covering these officers, and I had my firearm at the low-ready right behind him in case something happened. And there was a on the ground in front of us. SGT. JUAREZ: Okay. OFC. HEPPLER: And that's at the point where, you know, we both looked down and we're like uh-uh. You know, this isn't good because and bleeding, and I didn't hear s not moving make any noises or sounds. But I think, I think Troy said to me that gurgling, but I can't, I can't remember for sure. And he_I distinctly remember him saying, I'm going to holster my weapon. And at first I thought he_I don't know why I thought this, but I thought, because he's going to go down the hallway for some reason, I almost grabbed him and said, no. But he said I'm going to holster my weapon and I'm going to drag r to safety. Cover me. SGT. JUAREZ: Okay. OFC. HEPPLER: And that's what I did. SGT. JUAREZ: Okay. OFC. HEPPLER: So he started pulling he just pulled and out of the way, and then that's 16 Roomian & Associates, (415) 362-5920 SFPD 110796498 000171 Officer William Heppler 2 OIS 11-006 - 11/01/2011 when everything else happened. SGT. JUAREZ: Okay. Going back you said that Officer Carrasco was covering, or I'm sorry, was uh, yeah covering other officers. We were still referencing number, Picture number 1. OFC. HEPPLER: Picture number 1. SGT. JUAREZ: Just for clarification, where there any other officers beyond this point? OFC. HEPPLER: No. SGT. JUAREZ: So when you say he was covering, would you say he was covering the first officers that went to the right? OFC. HEPPLER: Yes. SGT. JUAREZ: And then possibly turned, and then just looked downrange and that's when he saw the body down on the ground? OFC. HEPPLER: Yes, correct. SGT. JUAREZ: Okay. So there was no other officers on that side that he was covering? OFC. HEPPLER: There was no one down the hallway. No officers went down the hallway. Correct. SGT. JUAREZ: Okay. So then, this re_go ahead and reference Picture number 1 again. When he is 17 Roomian & Associates, (415) 362-5920 SFPD 110796498 000172 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 taking the body out, and I don't know if Picture number, let's see, Picture number 3 would help you and/or Picture number 2, where would you say you were standing? Or if you can even stay with Picture number 1 that would be great. OFC. HEPPLER: Probably Picture number 1. SGT. JUAREZ: Okay. We'll stay with Picture number 1. OFC. HEPPLER: He bends down, starts dragging I am right here. He kind of drags _I'm probably_see where number 2 is on Picture 1? SGT. JUAREZ: Uh-huh. OFC. HEPPLER: Probably_ SGT. JUAREZ: And I would like you to go ahead and just indicate that. OFC. HEPPLER: It's number 2 is where_ SGT. JUAREZ: It's where you think but_and this is approximate, this is not. OFC. HEPPLER: Approximate, yeah. SGT. JUAREZ: This is not an actual. OFC. HEPPLER: I'll make an 'X' to where I, I think I was. SGT. JUAREZ: Right. OFC. HEPPLER: Yeah. 18 Roomian & Associates, (415) 362-5920 SFPD 110796498 000173 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 SGT. JUAREZ: Because it's a picture, it's two-dimensional, can't verify exactly where you were. So whatever you think you were. I think should get a 'red pen or marker. SHEA: Do you want a different color? OFC. HEPPLER: Yeah. SHEA: Here's red. I don't know if it's going to show up on that. SGT. JUAREZ: And if it doesn't, what I'll do is get my red Sharpie. How's that? OFC. HEPPLER: Approximately right there. SHEA: Can you see it? SGT. JUAREZ: Okay. Yeah, you can see that. So okay. You're go_you're standing there, so go ahead. OFC. HEPPLER: Yeah. In my_I, I'm pointing down the hallway with my firearm, covering him as he's dragging to safety, and I remember yelling, "Come out with your ha...SFPD come out with your hands up," to the that we saw at the end of the hallway. SGT. JUAREZ: Okay. OFC. HEPPLER: Because we_that's wh_even though the description was a you know, I_you 19 Roomian & Associates, (415) 362-5920 SFPD 110796498 000174 Officer William Heppler 2 OIS 11-006 - 11/01/2011 kind of see someone flash by kind of with a ghostly stare. Immediately I'm thinking, the suspect; maybe they...because you know, dispatch makes mistakes -- or whoever calls in makes mistakes sometimes, and I thought might have been the suspect. So I'm, come out with your hand up. Come out with your hands up. And uh, then at...as soon as he, he was out of the way, and then some, pulled out of this door. SGT. JUAREZ: Okay. Now you're saying not in Picture number 1, we can't reference any door. OFC. HEPPLER: Okay. SGT. JUAREZ: I've seen video of this premise uh, I'm sure you know that there's probably two doors on this side, or I don't know if you do or don't. OFC. HEPPLER: I uh, yeah. SGT. JUAREZ: But are you aware of doors being on this side of the building? OFC. HEPPLER: Yes, yes. SGT. JUAREZ: Referencing Picture number 1 to the left-hand side of the hallway. OFC. HEPPLER: Yes. Yeah, I uh, re_the, the el...the door closest to the hallway here. 20 Roomian & Associates, (415) 362-5920 SFPD 110796498 000175 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 SGT. JUAREZ: Okay. Since there's two doors, we don't know, do you know what, when this person appeared? Can you tell, you can't tell which door came out of, right? The_either the closest door to you and/or the second door opening? OFC. HEPPLER: I, you know what, I, I don't even know there's a door in this vicinity right here? SGT. JUAREZ: Okay. OFC. HEPPLER: I, I can't say for, for certain that, how close these two doors are. It was, it was close though. It was, from my recollection, the door was re_was kind of at the end of the hallway here; closest to the staircase I should say. SGT. JUAREZ: Okay. OFC. HEPPLER: Uh, if there's another door right next to it and came out of that door, and not this door, they'd have to be really close together. It wasn't like some hallways where there's, a uh, I don't know how to say this, but there's a door and then you go_like a room. And then there's big space between doors? SGT. JUAREZ: Uh-huh. OFC. HEPPLER: If there's big space between 21 Roomian & Associates, (415) 362-5920 SFPD 110796498 000176 Officer William Heppler 2 OIS 11-006 - 11/01/2011 doors, I could say that I'm pretty comfortable saying that it was the first door. If there's, if it's the sort of house where there's...doors are right next to each other with no space between the doors, then it would be harder to say. But it would been have to been pretty close because when came out was close enough to me that I jumped back a little; I started backpedaling. SGT. JUAREZ: Okay. So you indicate in Picture number 1, that you're approximately here, which would put you right in the middle, between the banister and the stair, the step going into the hallway? OFC. HEPPLER: Yes. I had my, my firearm. Uh, I don't know how to say flush, but uh, at the threshold of the, of the hallway. SGT. JUAREZ: Okay. And appears. So when first appeared, how many feet do you think was from you approximately? OFC. HEPPLER: Uh, you know I can't say for certain, but I would have to say within five to seven at the most, at the most. SGT. JUAREZ: Okay. And then you're saying when first appeared, you took a step back? 22 Roomian & Associates, (415) 362-5920 SFPD 110796498 000177 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 OFC. HEPPLER: Yeah. I started stepping back. SGT. JUAREZ: What made you step back? OFC. HEPPLER: Well, I think at first I was startled someone came out, and then I immediately saw something in hand, and I, I identified it as, as a knife. SGT. JUAREZ: Okay.- Was the person still at the doorway when you saw the knife or can you describe what happened when you, from when you...the onset of when you saw the person come through the doorway? OFC. HEPPLER: From, from how I re...got the mental image, like the movie going in my head. It's like somebody comes out of the bathroom and kind of turns towards me and I'm, I take a step back and just kind of is just there. Not_and then raises hand and I'm like, I know I'm not using good adjectives here. I'm sorry. SGT. JUAREZ: It's okay. OFC. HEPPLER: Uh. SGT. JUAREZ: We're just going to take it nice and slow. OFC. HEPPLER: SFPD, you know, and I see, see something in hands, and has hands like 23 Roomian & Associates, (415) 362-5920 SFPD 110796498 000178 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 this, and just starts coming at me. And I was like, SFPD and I'm just_now I'm backpedaling. Put it down, put it down and I identified it as a knife. It was_it happened instantaneously, but I can see in my mind there was, there was a second where was, was there before started to go. If, if that makes any sense. SGT. JUAREZ: It does, and I'm going to, what I'm going to do is backtrack you again. OFC. HEPPLER: Okay. SGT. JUAREZ: So you're at the threshold. You say you're at the door; your gun's at the threshold at the low-ready thing. OFC. HEPPLER: Uh-huh. SGT. JUAREZ: All of a sudden this person appears. Now with red being reference to Picture number 1, would you say appeared to fully block the hallway? Did he appear halfway out the door like that, to look out? How would you describe coming out all of a sudden? OFC. HEPPLER: When h came out uh, stepped out at like a_if you're looking at Picture number 1, kind of like a 45-degree angle almost and then sort of faced me. 24 Roomian & Associates, (415) 362-5920 SFPD 110796498 000179 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 SGT. JUAREZ: And if you want, you can stand up and you can show me. OFC. HEPPLER: Okay. SGT. JUAREZ: So you're coming out of a doorway. OFC. HEPPLER: Okay. So if I'm coming out of the doorway. SGT. JUAREZ: Let's say the doorway is right there and I'll be over here. OFC. HEPPLER: Yeah. SGT. JUAREZ: And I'm going to the front entrance of the interview room here. OFC. HEPPLER: Yeah, okay. So kind of like this and like we were like this. comes out this, like that. SGT. JUAREZ: Okay. So half ody is shown to you? OFC. HEPPLER: Yeah. SGT. JUAREZ: Like when and initially comes out arms are up, you have [unintelligible] OFC. HEPPLER: I could see, I could see whole body. But he doesn't, he didn't come out like you know, didn't come out like this. kind of came out, just stepped out, and it was 25 Roomian & Associates, (415) 362-5920 SFPD 110796498 000180 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 like, and then just came at me. SGT. JUAREZ: So then_ OFC. HEPPLER: After I'm s_like I, take a step back. I see come up and I, "SFPD or police." I don't remember exactly what I said. But, "Drop it, drop it, please drop it." And after about, like I said, drop it the first time, starts coming at me and I backpedal a little more and really, not dropping; not stopping. SGT. JUAREZ: Okay. OFC. HEPPLER: That, that's when I fired. SGT. JUAREZ: And again, I'm going to take you back. So you say h steps out -- your arms are up. Why are your arms up? OFC. HEPPLER: My arms? arms? SGT. JUAREZ: Well... OFC. HEPPLER: That's SGT. JUAREZ: Yeah. OFC. HEPPLER: That's how SGT. JUAREZ: So h had had both arms. arms raised up? OFC. HEPPLER: H started when came out with arms probably at, uh, maybe pectoral or chest level. 26 Roomian & Associates, (415) 362-5920 SFPD 110796498 000181 Officer William Heppler 2 OIS 11-006 - 11/01/2011 SGT. JUAREZ: Okay. OFC. HEPPLER: And then raised them up, and then started coming...as was coming. SGT. JUAREZ: And you're leaning forward, so now your arms are raised higher to your head level almost? OFC. HEPPLER: Yeah. They're about shoulder to neck level. SGT. JUAREZ: So as you describe coming out leaning forward. OFC. HEPPLER: Yeah. This way. SGT. JUAREZ: hands are down. OFC. HEPPLER: Uh-huh. SGT. JUAREZ: Hold on a second. OFC. HEPPLER: Sorry. SGT. JUAREZ: Hands are down, and then now hands are up? OFC. HEPPLER: Yeah. SGT. JUAREZ: At what point did you recognize the knife? Can you tell me? OFC. HEPPLER: Uh, as was raising hands up. SGT. JUAREZ: Okay. So was going like this and then you saw the knife? 27 Roomian & Associates, (415) 362-5920 SFPD 110796498 000182 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 OFC. HEPPLER: Yeah. SGT. JUAREZ: Okay. Can you recall what hand the knife was in? OFC. HEPPLER: Uh, just replaying in my head a whole bunch of times, the one_I saw a knife in in I believe, I'm alm_in right hand. Uh, I just remember seeing, you know, like reddish, I thought it was a reddish handle almost, but it_and the blade come out. And it_from my best recollection replaying this a bunch of times over the past month in my head, I think had it. This is the_if this blue pen is the knife, the white part is the handle. Like this. SGT. JUAREZ: Okay. So basically, you're holding the handle up above your head-level. OFC. HEPPLER: Yeah. SGT. JUAREZ: And h pointing the blade up towards the sky. OFC. HEPPLER: Yeah. It came up like that. SGT. JUAREZ: Okay. SHEA: And got thumb pointed upwards? OFC. HEPPLER: Upwards, yes. SHEA: With, and the blade would also be upwards? 28 Roomian & Associates, (415) 362-5920 SFPD 110796498 000183 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 OFC. HEPPLER: Yeah. So what I, what I remember seeing was that know, when had it here, and I you was coming up, I looked. I, I remember my eyes catching it saying, uh, Christ. got the knife; got a knife in hand. SGT. JUAREZ: Okay. OFC. HEPPLER: And uh, I just looked at this knife and I took a step back and then I started focusing with you know, my firearm on the center of body. SGT. JUAREZ: Okay. And then again to take you back, so now we already have arms up. The knife, you recognize the knife. You see the knife up here. You say starts coming towards you? OFC. HEPPLER: Uh-huh. SGT. JUAREZ: Would you say h came towards you at a fast pace? A slow place...slow pace? Charging at you? How would you describe movement towards you? OFC. HEPPLER: Uh, it's hard to say, because we were kind of close to each other. So I mean it wasn't a sprint towards me, because didn't have time to start going. But uh, it wasn't a slow pace. It wasn't where it was slow like this, but it 29 Roomian & Associates, (415) 362-5920 SFPD 110796498 000184 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 was one where was going to start gathering momentum and speeding up towards me. That if I was maybe ten feet from , by the time got to me, be at a running at me or something. started coming at me. I don't think got the opportunity to, because we were so close. And I was backing up, and I had tomfelt I had to stop the threat before anything happened. But I think was, it seemed like was gearing up to, to make a charge at me. SGT. JUAREZ: Okay. And when started going towards you, approximately, can you guesstimate how far was from you at that point? OFC. HEPPLER: I...probably within the same distance. I mean uh... SGT. JUAREZ: That would be? OFC. HEPPLER: I backed up and, and three to five feet at the, at the, at the smallest, three. The most, seven; in-between. Somewhere in that range, I can't tell for sure, but I, I maintained a...probably not enough distance but as much as I could while I was backing up. SGT. JUAREZ: Okay. Initially you said five to seven. 30 Roomian & Associates, (415) 362-5920 SFPD 110796498 000185 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 OFC. HEPPLER: Uh-huh. SGT. JUAREZ: So would you say closed the distance from you when he initially had the knife out? OFC. HEPPLER: Yeah. losed a little bit of distance, but I, I was still backing up, but was com_I was, I was stepping backwards. Probably at, I would say I myself was stepping backwards at a slow pace, and towards me so was moving at a medium pace closed a little bit of distance on me. SGT. JUAREZ: Okay. So you would make closer to you by approximately from what-to-what, do you think now? OFC. HEPPLER: Uh, geez, I don't know. SGT. JUAREZ: And you can use us between'each other now, if you'd like. OFC. HEPPLER: Okay. SGT. JUAREZ: Or I can move back further or you can back further or. OFC. HEPPLER: Yeah. So when h if, if you're the came out, if, now. SGT. JUAREZ: Uh-huh. OFC. HEPPLER: We weren't_ didn't get this 31 Roomian & Associates, (415) 362-5920 SFPD 110796498 000186 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 close to me. You could probably back up, probably about, about, 'about yeah, about this clo_yeah, we're in a room but like this close. SGT. JUAREZ: Uh-huh. OFC. HEPPLER: Because I was backing up. SGT. JUAREZ: So it was this... OFC. HEPPLER: I, I created more distance when first came out of the_like I said, I, I stepped back. So it was probably the seven-foot threshold because what have we got? SGT. JUAREZ: Yeah, we would guesstimate. OFC. HEPPLER: Is it about five? SGT. JUAREZ: If we were to guesstimate this we would get, everybody would be in agreements that this is five? OFC. HEPPLER: Five? Yeah. So I was probably seven, and then when came to me was probably close to about the five when I fired. SGT. JUAREZ: Okay. OFC. HEPPLER: Yeah. About, about the five to six when I fired. SGT. JUAREZ: Okay. OFC. HEPPLER: And I kept backing up after I fired and I kind of did the, how did this happen 32 Roomian & Associates, (415) 362-5920 SFPD 110796498 000187 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 thing? SGT. JUAREZ: Okay. And again still, I still just want to get_ OFC. HEPPLER: Yeah. SGT. JUAREZ: The frame of mind. So coming at you. The whole time do you say that in coming at you, arm was raised with the knife hand? OFC. HEPPLER: Uh. SGT. JUAREZ: How would you describe action while coming towards you? OFC. HEPPLER: From what I can recall, they were like this. But I, like I said, after, after I saw the knife, the arms raised, and, and mo_movement towards me and ,not stopping, I started to maybe, I don't know the correct phrase, maybe tunnel a little bit on the center of the with_because I was sighting in my, my firearm. And so I didn't pay much attention to where arms were at this point, but they_I didn't from my peripheral, I didn't see them start to come down. They were, they were still up. SGT. JUAREZ: They were, they maintained their position with the hand holding the knife? 33 Roomian & Associates, (415) 362-5920 SFPD 110796498 000188 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 OFC. HEPPLER: Yeah. And I know both of hands were in the up position, but not that if you're going to ask, but I didn't focus on what was in other hand. SGT. JUAREZ: Okay. No problem. Thank you very much. I appreciate that. OFC. HEPPLER: Yeah. SGT. JUAREZ: Okay. So now h coming at you, did you tell him anything? OFC. HEPPLER: I remember saying, "Stop, stop, put it down, police." I said police once. SGT. JUAREZ: Okay. OFC. HEPPLER: At least once, I should say. Uh, you know it kind of happened all that fast. I_ it's kind of one of those things where that, that little portion isn't, it's not blurry, but it's like slow-motion in my head. SGT. JUAREZ: Okay. OFC. HEPPLER: So I don't remember hearing. Because when we all go to the range and you fire your weapon, it's very loud, right? Uh, but it wasn't very loud when I fired in this, in this very close environment, and I don't remember really hearing the weapon fire too much. 34 Roomian & Associates, (415) 362-5920 SFPD 110796498 000189 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 1 SGT. JUAREZ: Okay. So h 2 you're saying, stop, stop, police. 3 OFC. HEPPLER: Yeah. 4 SGT. JUAREZ: Does 5 coming at you, look like acknowledged what you were saying? OFC. HEPPLER: Uh, I said this in, in the 6 7 other interview. It's hard to explain but had 8 dead eyes, if that makes any sense at all. Like something wasn't registering. Like whenwit 10 just just looked_it looked vacant in 11 when 12 had_and I recognized what was happening that 13 a suspect, 14 starting to go towards me. 15 like just, you know. , especially when had a knife in eyes first came out. hand, and was was ust had this stare 16 SGT. JUAREZ: Would you say a blank stare? 17 OFC. HEPPLER: Blank stare; like 18 19 20 gone_it was, was was gone. SGT. JUAREZ: Okay. Did ever make any comments towards you? 21 OFC. HEPPLER: No, not that I remember. 22 SGT. JUAREZ: Okay. So let's get to the 23 discharge now, and what I want from you is 24 basically what your state of mind. Uh, what did 35 Roomian & Associates, (415) 362-5920 SFPD 110796498 000190 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 you feel? What did you see? What did you hear? Everything like that. OFC. HEPPLER: Okay. SGT. JUAREZ: So I want to know why did you discharge at this OFC. HEPPLER: Uh, I discharged at Number One: Not to sound selfish, but I was in fear for my own life and my safety and my life, uh, that I th. .you know, it's kind of weird to say but I thought that you know, I might get seriously hurt or injured if I don't; or maybe killed, but I mean_ SGT. JUAREZ: How did make you feel? How was that feeling? How do you remember feeling when was coming at you with the knife? OFC. HEPPLER: Startled, extremely startled. Like uh, wow, there's there and then coming. Uh, no, don't_like almost like don't, don't, don't come at me, you know? Don't make me do that. SGT. JUAREZ: Uh-huh. OFC. HEPPLER: Kind of, if that makes sense. SGT. JUAREZ: Well, if you can go on, what do you mean "don't"? OFC. HEPPLER: I don't want to have to shoot 36 Roomian & Associates, (415) 362-5920 SFPD 110796498 000191 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 anybody, you know? SGT. JUAREZ: Uh-huh. OFC. HEPPLER: Uh, that's something I think about that's going to happen when I go to work every day. SGT. JUAREZ: Uh-huh. OFC. HEPPLER: And it would have been, I would have been way more happy if would just dropped it and I could have tackled the . SGT. JUAREZ: Uh-huh. Did you give him any warning? OFC. HEPPLER: When came out? SGT. JUAREZ: Right. OFC. HEPPLER: Yeah. We said, I said, put it down, put it down. SGT. JUAREZ: But those are commands. So what we'd like to say is like, put down the weapon or I'm shoot. So you give them an actual command and then you actually give them a warning. OFC. HEPPLER: Yeah. Uh, no, I, I didn't say put it down or I'll shoot. I didn't uh_ SGT. JUAREZ: Okay. Was there, do you think there was any feasible time to give that warning? 37 Roomian & Associates, (415) 362-5920 SFPD 110796498 000192 Officer William Heppler 2 - OIS 11-006 1 OFC. HEPPLER: No, not at all. 2 SGT. JUAREZ: You were saying that the actions 3 just played out very quickly? 4 OFC. HEPPLER: Yeah. 5 SGT. JUAREZ: Going back to where came out 6 of the room to where you started stepping back, how 7 much time do you think you can place on that? That 8 started coming towards you, and then from the 9 10 11 12 13 time that you discharged? OFC. HEPPLER: Seconds, it happened real quick. SGT. JUAREZ: Reference any, more than five? less than five? more than ten? less than ten? 14 OFC. HEPPLER: You know I_ 15 SGT. JUAREZ: Anything that you can_to the 16 17 SFPD 110796498 11/01/2011 best of your recollection? OFC. HEPPLER: Yeah. I, I honestly, I'm 18 sorry. 19 I said, when I replay it in my head it's slow 20 motion. So it seems like it's taking some time, but 21 I remember thinking right before that happened like 22 [snaps fingers] like that. Just [snaps fingers] 23 like a snap of a finger, just boom; just all 24 happened really quickly. So I, I don't, I'm sorry. 38 Roomian & Associates, (415) 362-5920 I can't really say a time because it like 000193 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 I wouldn't feel comfortable saying like it was, uh, it was five or ten seconds because I honestly don't know. SGT. JUAREZ: That's fine. And that's totally fine. Do you remember how many times you shot? OFC. HEPPLER: Uh-uh. SGT. JUAREZ: Cannot recall? OFC. HEPPLER: No, sorry. SGT. JUAREZ: Okay. That's quite all right. Uh, when you fired, do you feel like you fired in rapid succession? You fired maybe one at a time? Is there anything that triggers your memory? OFC. HEPPLER: Rapid!rapid. SGT. JUAREZ: Rapid, okay. OFC. HEPPLER: I don't remember really pulling_that was one of the things is I don't remember really pulling the trigger. I remember putting my finger on the trigger. No, no, I'm sorry. I remember pulling the trigger, you know? But I don't remember putting_you know when, we were always taught you don't put your finger on the trigger until, you know, there's a threat. I don't remember going from here to here. I remember pulling the trigger. 39 Roomian & Associates, (415) 362-5920 SFPD 110796498 000194 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 SHEA: So and when you say from "here to here", you mean from going from having your finger on the trigger guard to having your finger on the trigger? OFC. HEPPLER: Yes, exactly. SGT. JUAREZ: Okay. Uh, when you shot , what happened? OFC. HEPPLER: immediately just fell forward. SGT. JUAREZ: Okay. OFC. HEPPLER: And I backed up a little bit, and I, I, I kind of put my gun pointed down, but it was in my hand still and I kind of looked, and I looked at Sergeant Gray, and I, Larry was just like, holster your weapon and walk, you know, walk over there. Walk in the living room. SGT. JUAREZ: Okay. OFC. HEPPLER: Take a deep breath. So that's what I did. I walked back and then immediately, Larry and Troy just grabbed me and they were like get out of here. I'm getting out of here and that was it. SGT. JUAREZ: Okay. So as soon as shot, did you assess to see if was was still a 40 Roomian & Associates, (415) 362-5920 SFPD 110796498 000195 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 threat to you? OFC. HEPPLER: Uh. SGT. JUAREZ: The subject down on the ground? OFC. HEPPLER: He wasn't a threat. went down and didn't move. SGT. JUAREZ: Okay. OFC. HEPPLER: went_I, I_after I took another step back and fell, I, wasn't moving, and then more officers like came into view, and I just remember m_I don't really remember too much. But I remember making eye contact with Sergeant Gray and just uh, vaguely remember saying, holster your weapon and take a deep breath. You'll be all right. SGT. JUAREZ: And then sent you to, if we go back to Picture number 4. OFC. HEPPLER: He... SGT. JUAREZ: So you're_ OFC. HEPPLER: Yeah. He said, step back and I walked, and I just walked. I don't know if he told me to. I just walked back into this threshold right here, and he kind of looked, and came back and then I remember my partner. I remember seeing my partner, and he just kind of grabbed me. He was like, we're getting out of here. We're getting you 41 Roomian & Associates, (415) 362-5920 SFPD 110796498 000196 Officer William Heppler 2 1 OIS 11-006 11/01/2011 out of here. 2 SGT. JUAREZ: Okay. 3 OFC. HEPPLER: And then he walked me past, I 4 remember I seen the 5 walked this way and down the stairs. SGT. JUAREZ: Okay. Was anybody attending to 6 7 8 laying on the ground, and I the on the ground? OFC. HEPPLER: I honestly don't, I don't remember. 10 SGT. JUAREZ: Do you remember anybody, uh, 11 placing handcuffs on the person on the ground? 12 OFC. HEPPLER: No. I, I don't know. 13 SGT. JUAREZ: Okay. Was anybody around 14 15 as you were walking out that you can recall? OFC. HEPPLER: You know, this is the part that 16 I haven't really replayed in my head, but I, I 17 remember it being, it felt like it was more_like 18 when I, when the incident happened, I f_I felt 19 isolated up there almost. Like it was just the 20 coming at me and myself, and then I remember after 21 when they were drawing me away like it felt like 22 there was a lot more people up there. So I, I 23 don't know. I know there were more, more officers 24 up there, but I don't remember who was doing what 42 Roomian & Associates, (415) 362-5920 SFPD 110796498 000197 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 exactly. SGT. JUAREZ: Okay. And then I'm sorry, just to take you back, when you fired do you remember if you were two-handed? One-handed? OFC. HEPPLER: Two-handed. SGT. JUAREZ: Two-handed? Okay. And did you ever ask for a paramedic fo or did you know who did? OFC. HEPPLER: I, I believe my partner did. I, I think so. SGT. JUAREZ: Okay. OFC. HEPPLER: I remember him getting on the air and asking for I think, another sergeant and I think he, I think he did ask for—said we were going to need two ambulances: one for the victim and one for another victim, I think. I remember hearing it on the radio and I'm pretty sure he was doing most of the radio notifications. SGT. JUAREZ: Okay. SHEA: Could that have been earlier? When you guys first arrived and saw the other body in the house? OFC. HEPPLER: Maybe. Yeah, maybe that was it. 43 Roomian & Associates, (415) 362-5920 SFPD 110796498 000198 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 SGT. JUAREZ: Okay. OFC. HEPPLER: He did ask for another one. I'm not sure if he asked for one for this or not. SGT. JUAREZ: Okay, okay. And then_ OFC. HEPPLER: But there was paramedics. I mean there was firefighters and paramedics down there the whole time. SGT. JUAREZ: Okay. You okay? You can take_ OFC. HEPPLER: Yeah. No, I'm fine, thank you. SGT. JUAREZ: All right. Great. Do you remember if the sergeant or any other supervisor gave you the public safety statement? OFC. HEPPLER: What's the public statement? SGT. JUAREZ: Public safety statement is when they go to an officer that was been involved in an officer involved shooting and say, okay. How many times did you fire? Where did you fire? Just basically give a directional of what, not of why did you shoot but basically where, are there any suspects outstanding? Did anybody ask you any questions at all after you, after you were taken out of the house? OFC. HEPPLER: Uh, all I really remember is 44 Roomian & Associates, (415) 362-5920 SFPD 110796498 000199 Officer William Heppler 2 OIS 11-006 - 11/01/2011 that Lieutenant Lee came up, Frank Lee came up to me and he just asked me if I was okay. SGT. JUAREZ: Okay. OFC. HEPPLER: That's about it. SGT. JUAREZ: Okay. OFC. HEPPLER: Really, uh. SGT. JUAREZ: And where did you go after you left the house? OFC. HEPPLER: They_I went and sat in the bed of the, the bed of our truck. We have a truck that_our plainclothes vehicle. SGT. JUAREZ: Did someone sit with you? OFC. HEPPLER: Yeah, Troy was with me. SGT. JUAREZ: Troy was with you? Did you discuss the, the case? Or did you discuss the, uh, what you guys had just done? OFC. HEPPLER: No. He was on the phone trying to get a rep. SGT. JUAREZ: Uh, okay. OFC. HEPPLER: I think he got me a bottle of water and that was pretty much it. And then he drove me back and I went upstairs and I sat with Laurie for a little bit. SGT. JUAREZ: Okay. 45 Roomian & Associates, (415) 362-5920 SFPD 110796498 000200 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 OFC. HEPPLER: That was it, and then this guy showed up. SGT. JUAREZ: Okay, great. OFC. HEPPLER: And talked to him. SGT. JUAREZ: Great, thank you. Uh, I don't think I have any further questions. I think that pretty much covers it all. Do you have anything Sergeant Waaland? SGT. WAALAND: I just wanted to, uh, just the state of mind in the house, a little bit. You said when you first went up there uh, Office Carrasco, when you thought he was going to go down the hallway. You said you almost grabbed him? OFC. HEPPLER: Yeah. SGT. WAALAND: And I_why, why would you almost grab him? Like why did you... OFC. HEPPLER: I think it's probably just me, but I, for some reason, he's, he was reholstering. He said, I'm going to reholster. I thought he was, for some reason I don't know why I thought this, but I thought he might go run after, down the hallway and grab the suspect that we saw; the at the end of the hallway. You know, and I was like, no, we haven't cleared anything yet. I don't 46 Roomian & Associates, (415) 362-5920 SFPD 110796498 000201 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 know why I thought that. That was just a hot second though, and then_ SGT. WAALAND: But what did you think would happen to him if he did that? You know, what, what were you concerned would happen to him? OFC. HEPPLER: I was concerned that there was people, other people, that might pop out on him, to be honest. Uh, or that might pop out on him and start running at him or something. SGT. WAALAND: And what do you think, what did you think would do if ran at him? Of if the person, if someone popped out. What, what did you think that person was going to do? OFC. HEPPLER: Stab or worse. SGT. WAALAND: Okay. And then we say when he came out uh, you were startled and you started moving backwards? OFC. HEPPLER: Uh-huh. SGT. WAALAND: What was the, what was your goal of moving backwards? You know, what was your intention as you were moving backwards? OFC. HEPPLER: Putting distance between and myself because I recognized that a weapon in s hand. And just you know, so 47 Roomian & Associates, (415) 362-5920 SFPD 110796498 000202 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 that_putting enough_I don't, I think that was instinctual almost, to be honest with you. It wasn't really processing the fact like I need enough distance so doesn't have enough room to reach out and hit me with it or, but I think it was just instinctual, you know? Someone, you see something that, like that you just back up. So I was_most of this was sort of instinctual or you_I think I personally think I just reverted back to training on most of this. SGT. JUAREZ: Okay. Can you, actually can you go ahead and tell me, okay, what was your date of entry? OFC. HEPPLER: SGT. JUAREZ: Okay. And what kind of training have you had as for anything like a situation like this, if any? OFC. HEPPLER: Uh, probably just_ SGT. JUAREZ: Like officer safety course? OFC. HEPPLER: Yeah. SGT. JUAREZ: The sledge-lock training that we had where that's where the uh, God, I forgot what it's called. SGT. WAALAND: Active shooter. 48 Roomian & Associates, (415) 362-5920 SFPD 110796498 000203 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 SGT. JUAREZ: Active shooter OFC. HEPPLER: I_ SGT. JUAREZ: Where they teach you about stacking, and before you go into a building? OFC. HEPPLER: Yeah. The, the one that they had -- we had the two-week one after we got out of the academy, that field tactic; the OSF, I don't think." SGT. WAALAND: Officer Safety Field Tactics. OFC. HEPPLER: Yeah. I don't think they do it anymore, but we got to do that one. Which was, which was good. SGT. JUAREZ: Okay. OFC. HEPPLER: And just the stuff through the academy and then AO, that's about it. SGT. JUAREZ: And when was the last time you attended AO? OFC. HEPPLER: I don't remember. SGT. JUAREZ: More than, more than a year? OFC. HEPPLER: I'm going, I'm going in May. SGT. JUAREZ: Okay. So it's been two years. OFC. HEPPLER: Probably two years, yeah. SGT. JUAREZ: Okay. And when was the last time you qualified at the range? 49 Roomian & Associates, (415) 362-5920 SFPD 110796498 000204 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 OFC. HEPPLER: Uh, the funny thing was, I just qualified at the range before this because I got back from, I had so I qualified when I got back, probably in, end of July? So I [unintelligible] SGT. JUAREZ: Okay. Any other training have you had? Any specialized training you take for yourself that would you know, help you in situations like this? OFC. HEPPLER: In situations like this? I don't think so. I mean, most of the training that I've been sent to is more just plainclothes training. But it's more and not really firearms training. SGT. JUAREZ: Okay. And have you taken the department's uh, CIT training? The crisis intervention training? OFC. HEPPLER: No. SGT. JUAREZ: Okay. Uh, I don't have anything further. Do you, Chris? SHEA: Uh, just a couple of follow-up things. When you were stacked and the officers were entering the building uh, Officer Ison had the uh, beanbag shotgun? 50 Roomian & Associates, (415) 362-5920 SFPD 110796498 000205 Officer William Heppler 2 OIS 11-006 11/01/2011 1 OFC. HEPPLER: Yeah, the ERIW. 2 SHEA: Okay. When they were clearing what 3 would be the front of the house, that was Officer 4 Ison and his lethal cover was Officer Hernandez? 5 OFC. HEPPLER: Correct. 6 SHEA: Okay. And was it sort of the, did you 7 guys plan it so that they were going to clear the 8 front of the house while you and Carrasco covered, 9 just covered the back of the house? Because it 10 sounded like you, you guys didn't intend to go to 11 the back of the house. You were just covering it 12 so that the other officers could clear with the 13 ERIW or was it unspoken? 14 OFC. HEPPLER: I think it was something that 15 happened like when we got up to the top of the 16 staircase. I think they like, we're going to go 17 that way. 18 SHEA: Uh-huh. 19 OFC. HEPPLER: You know, you guys can watch 20 this while we go that way. 21 SHEA: Okay. 22 OFC. HEPPLER: And that's just what happened. 23 SHEA: And you guys didn't move towards the 24 back of the house? 51 Roomian & Associates, (415) 362-5920 SFPD 110796498 000206 Officer William Heppler 2 - OIS 11-006 - 11/01/2011 OFC. HEPPLER: No. SHEA: Okay. OFC. HEPPLER: We just stayed there. SHEA: And then Carrasco went to the aid of the victim? OFC. HEPPLER: Yeah. SHEA: While you covered the back of the house? OFC. HEPPLER: Correct. SHEA: Okay. Uh, and the Officers uh, I think this was covered in the other interview, but as you entered the home, were the officers, were you and the other officers announcing your presence? OFC. HEPPLER: Yes. SHEA: And how were you doing that? OFC. HEPPLER: Uh, we were yelling SFPD, you know. SHEA: And was that g_were they, were you continuing to do that as you cleared the house? OFC. HEPPLER: Yes. SHEA: Okay. So the officers that were in the front of the house, Hernandez and Ison were announcing their presence as they entered the rooms? 52 Roomian & Associates, (415) 362-5920 SFPD 110796498 000207 Officer William Heppler 2 - OIS 11-006 11/01/2011 OFC. HEPPLER: Yeah. SHEA: You could hear them doing that? OFC. HEPPLER: Yeah. When we were coming up, we were yelling, SF_multiple people were yelling SF_including myself, "SFPD, come out," you know. SHEA: Okay. OFC. HEPPLER: As we're coming up, SFPD. SHEA: Okay. And was that uh, do you remember anybody else besides yourself communicating to this individual with the knife? Do you remember hearing anybody else say, drop the knife? Or is that something that you're_ OFC. HEPPLER: I don't know if, I don't remember anybody else communicating with him. SHEA: Okay. And do you remember uh, that you mentioned that you didn't, you don't remember hearing the shots or how many shots you fired? Do you remember if anybody else fired? OFC. HEPPLER: No. SHEA: Okay. Uh, and you said one of the things that was going through your mind was, as this person came at you with a knife, was please don't make me do this. Uh, did you feel like you had no other choice? 53 Roomian & Associates, (415) 362-5920 SFPD 110796498 000208 Officer William Heppler 2 - OIS 11-006 11/01/2011 OFC. HEPPLER: Yes. SHEA: Yes? Yes, you had no other choice? OFC. HEPPLER: Yeah, yeah. I felt like I had, I'm sorry. I felt like that was the only option I had left at that point. SHEA: I don't have any other questions. SGT. JUAREZ: Okay. Then Officer Heppler is there any other statements relevant to this incident that you wish to make at this time? OFC. HEPPLER: Thanks to everyone who's been very nice and helpful to me throughout this, including both of you. SGT. JUAREZ: Okay, great. Uh, thank you. Go ahead and concluding this interview. It is about 14:25 hours, but I'm just going to_the last thing I'm going to have you do is just, I believe we only marked Picture number 1. So at this, we'll take this pen and put it out here, and just put your initials and today's date. And I'm going to turn this off. END OF DOCUMENT 54 Roomian & Associates, (415) 362-5920 SFPD 110796498 000209 Officer Kevin Ison – 110 796 498 – 10/03/2011 SGT. 1 WARNKE: This is Scott Warnke, 2 Sergeant, Star Number 1397, San Francisco Police 3 Department. Today is Monday, October 3rd, 2011. It’s 4 approximately 1627 hours. We’re in an interview 5 room at the Homicide Detail, Hall of Justice at 850 6 Bryant Street. This is an interview regarding Case 7 Number 110 796 498. Present with me is— SGT. BRACONI: 8 9 with the Homicide Detail. 10 QUESADA: 11 Francisco DA 7044. SHEA: 18 Christopher Shea with the Police Officer’s Association, I’m an attorney. ISON: 16 17 And Mike Sullivan, Assistant DA. 14 15 Investigator Jim Quesada, San SULLIVAN: 12 13 Sergeant Braconi, Star 2246 Officer Kevin Ison, Star Number 176. SGT. WARNKE: Okay Officer Ison and 19 before we start this is a voluntary statement and 20 you’re here with counsel, is that correct? 21 ISON: 22 SGT. 23 That’s correct. WARNKE: Okay. Do you remember your date of entry in the Department? 24 ISON: 25 SGT. 26 ISON: Date of entry I got WARNKE: . Your current assignment? Richmond Station. 1 SFPD 110796498 000210 Officer Kevin Ison – 110 796 498 – 10/03/2011 SGT. 1 2 ISON: 7 8 9 SGT. ISON: Where’d you work prior to I did my probation at Northern and then my FTO at Bayview. SGT. ISON: 11 SGT. 12 ISON: 13 SGT. 14 ISON: 15 SGT. WARNKE: What was your shirt today? From WARNKE: . And you were in uniform? Correct, I’m in uniform. WARNKE: Do you have a partner? No. Today I was a Sam unit. WARNKE: And what was your call sign today? 17 ISON: 18 SGT. 19 WARNKE: that? 10 16 Approximately two and half, three years. 5 6 How long have you been at Richmond Station? 3 4 WARNKE: 3 George 28. WARNKE: You’re in uniform, is this the uniform you’re wearing? 20 ISON: 21 SGT. Yes. WARNKE: This is what you were 22 wearing. You have your gun belt with—I see your 23 weapon, I see an impact weapon, you have pepper 24 spray or? 2 SFPD 110796498 000211 Officer Kevin Ison – 110 796 498 – 10/03/2011 1 ISON: Yes, I have my pepper spray, my 2 impact baton, my firearm on my side. 3 [unintelligible] 4 SGT. WARNKE: Okay. Just after 7:15 this 5 morning there was an incident that occurred on the 6 600 block of Funston. Can you tell us what you did 7 in regards to that? 8 9 ISON: I was notified by Dispatch there was a possible 219 stabbing incident there at 10 Funston Street. I was still at the station at the 11 time preparing my gear for the day. When the call 12 came out I had just happened to grab my EIRW. I put 13 myself on the run, I went out there to back up my 14 [unintelligible] that’s out there. As soon as I 15 arrived I believe the fire and medics were already 16 there. I believe I saw Officer Wong there and I saw 17 Officer Hernandez. 18 loaded the EIRW with four rounds and two 19 [unintelligible] one in the chamber. So basically 20 three rounds [unintelligible] one in the chamber. I 21 took it off safety. Met up with Officer Hernandez 22 who had his sidearm out also, standing by the door. 23 He suggested we should remain here until further 24 units came, which they did. As soon as there was 25 enough units arrived on scene I took point because 26 I had the beanbag gun. I announced the police I responded with the EIRW. I 3 SFPD 110796498 000212 Officer Kevin Ison – 110 796 498 – 10/03/2011 1 multiple times as we proceeded up the stairway. As 2 soon as we hit the top of the stairway I noticed 3 that it leads into a hallway that runs 4 perpendicular. To the left was like a front living 5 room, front foyer area. There in front of the 6 stairway was another room, possibly a den turned 7 into a bedroom and then if you looked towards the 8 left towards the back of the house there’s like a 9 hallway that leads down to what I could see was 10 another door that was closed. I proceeded to the 11 right, to the front foyer, tried to clear that room 12 first. 13 the time as my cover. We cleared that room. 14 Directly—we existed that room and directly entered 15 the room that was directly across the stairway. 16 Before I actually entered that room I noticed that 17 there was actually a body on the ground in the 18 hallway facedown and I had notified—I yelled out 19 there was actually a body on the ground, body on 20 the ground, before I proceeded to clear out the 21 bedroom—I mean, before I proceeded to clear out the 22 other rooms. 23 foyer I went to the other room that looked like a 24 den that had been turned into a bedroom. I believe 25 Officer Hernandez was still with me doing my cover. 26 I believe Officer Fillmore was actually covering I believe Officer Hernandez was with me at As soon as I cleared out the front 4 SFPD 110796498 000213 Officer Kevin Ison – 110 796 498 – 10/03/2011 1 down the hallway with Officer Heppler. As soon as I 2 cleared that den I heard Officer Heppler screaming 3 police, show me your hands. I believe he said, 4 police, show me your hands, put the knife down, put 5 the knife down, at which time I saw Heppler, 6 Officer Heppler back up with his firearm pointed 7 forward down the hallway. I had the ERIW at my 8 shoulder already and it just so happened that I saw 9 the suspect cross through—through the main door, 10 through the door area that I was about to exit out 11 at which time I fired one round, one bean bag round 12 at 13 same time. I saw the suspect fall to the ground. 14 They secured the suspect. They secured the knives. 15 The suspect was on the ground facedown at which 16 time I pointed the EIRW down the hallway to secure 17 the rest of the main hallway. My and Officer 18 Fillmore bounded from that point on to the kitchen 19 where Officer Fillmore cleared the kitchen. There 20 was a bathroom directly across from the kitchen. We 21 cleared that. As we were proceeding to the rear of 22 the house that back bedroom door opened. Saw a and I believe Officer Heppler fired at the exist the door, exist that bedroom. I 23 24 screamed to I ordered 25 with 26 actually ran to the next bedroom which was directly hands up. to come towards us did nothing of the sort. 5 SFPD 110796498 000214 Officer Kevin Ison – 110 796 498 – 10/03/2011 1 next door to it. We proceeded to move forward. 2 shut the door behind 3 Fillmore cleared the bedroom that 4 from. As soon as that bedroom was cleared I 5 immediately began to order the door open. The door 6 was still not open. I kicked the door in at which 7 time I saw the 8 to show me 9 grabbed and it was locked. Officer with had existed hands up. I ordered hands further, basically threw did. I out to the main 10 hallway where Officer Fillmore and there was 11 another—I believe Officer Ferredi was right behind 12 me. Brought 13 they could secure 14 still pointed in the bedroom, still covering the 15 bedroom since it wasn’t clear yet and until 16 cleared—sorry, until 17 Fillmore then proceeded to clear the remaining 18 bedroom which was cleared eventually. We exited the 19 bedroom by that time I believe the medics had 20 already taken both bodies. So I mean that’s pretty 21 much it. 22 23 24 SGT. —brought WARNKE: to the back so that . I secured—I had the EIRW was was secured Officer At what point did you leave the building? ISON: Approximately five to ten minutes 25 later and we just wanted—we went, we double- 26 checked, we double-checked the bedroom. We double6 SFPD 110796498 000215 Officer Kevin Ison – 110 796 498 – 10/03/2011 1 checked everything to make sure no one else was in 2 the building. Everything was secured. I left the 3 building and from there I was informed that both 4 the suspect that was on the floor and I believe the 5 initial caller which was probably the 6 victim was already being transported to SFGH. 7 SGT. 8 ISON: 9 SGT. 10 ISON: 12 SGT. I responded from the station. WARNKE: From the station. Your . today? That’s correct. WARNKE: So right out of the box you were— 14 ISON: 15 SGT. 16 Where did you respond from? shift started at 11 13 WARNKE: and the Right out of the box. WARNKE: Okay. And you went there and you hooked up with Officer— 17 ISON: 18 SGT. Hernandez. WARNKE: Hernandez. You decided to 19 wait for people and what was your reason for 20 entering? 21 ISON: We weren’t sure if the whole—we 22 weren’t sure if there was anybody else in the 23 building. 24 SGT. 25 WARNKE: Did you know of anybody that was in the building? 7 SFPD 110796498 000216 Officer Kevin Ison – 110 796 498 – 10/03/2011 ISON: 1 At that time, no, I did not. What 2 we did know that was that we did know that the 3 suspect was still in the building. Other than that 4 we didn’t know whether there was any other victims 5 or any other person in the building. SGT. 6 7 And when you arrived did you notice anything about the building itself? ISON: 8 9 WARNKE: It was a two-story building, like two entries, one on top of the other. I guess 10 one’s—I guess there was one separate door for the 11 upstairs and there was another separate door for 12 the middle floor. SGT. 13 14 As you’re approaching it did you notice anything that was—seemed? ISON: 15 16 WARNKE: Yeah, there was multiple blood splatter on the ground. 17 SGT. 18 was from? 19 ISON: 20 SGT. WARNKE: Did you know who the blood No. WARNKE: [unintelligible] point 21 because you has the EIRW. Officer Hernandez was 22 your— 23 ISON: 24 SGT. 25 26 Cover. WARNKE: Your cover. And is that standard to have a cover? ISON: Yes. 8 SFPD 110796498 000217 Officer Kevin Ison – 110 796 498 – 10/03/2011 1 SGT. WARNKE: Okay. So you go in, you 2 went up clearing rooms. Was Officer Heppler in 3 uniform or plainclothes? 4 ISON: 5 SGT. 6 7 8 9 10 ISON: SGT. medallion. 13 SGT. 14 ISON: 15 SGT. 19 20 I believe he was wearing a blue WARNKE: I believe he had his Star out, his WARNKE: And who was he with? He was with Officer Corosco. WARNKE: And how was Officer Corosco? ISON: He was also dressed in plainclothes. SGT. WARNKE: Do you remember what he was wearing? 21 ISON: 22 SGT. Unfortunately, no. WARNKE: 23 was out or not? 24 ISON: 25 SGT. 26 Did he have a Star? Did you see a Star? 12 18 Do you remember what he was hoodie and blue jeans. ISON: 17 WARNKE: wearing? 11 16 He was in plainclothes. Do you recall if his star I believe it was, yes. WARNKE: Do you remember any other officers who were there? 9 SFPD 110796498 000218 Officer Kevin Ison – 110 796 498 – 10/03/2011 ISON: 1 2 Officer Fillmore was also with me. 3 SGT. 4 ISON: 5 SGT. 6 ISON: 7 SGT. Yes. WARNKE: Okay. Anybody else? I wasn’t sure when Officer Ferredi WARNKE: ISON: Okay. So prior to—how close I would say approximately five feet, maybe less. SGT. 12 13 Officer Fillmore. were you when you discharged the EIRW? 10 11 WARNKE: arrived. 8 9 I believe Officer Fillmore was— WARNKE: And the suspect—what did the suspect have? 14 ISON: 15 SGT. 16 ISON: I saw a knife in the hand. WARNKE: Do you remember which hand? Well, since I had only one side of 17 the view I could only see 18 knife there. SGT. 19 WARNKE: 20 motion where 21 in. 22 ISON: 23 SGT. left hand and I saw a Can you show—show us the hand was, a position hand was was like this. WARNKE: Okay. And you’re holding 24 two hands up, both are clenched, and you said you 25 saw something in 26 ISON: I saw this—I know I saw this hand. 10 SFPD 110796498 000219 Officer Kevin Ison – 110 796 498 – 10/03/2011 SGT. 1 2 ISON: I saw a silver—what appeared to be a silver knife in SGT. 5 6 Okay, what did you see in it? 3 4 WARNKE: okay. WARNKE: A silver knife in hand, Was it silver, what part of it was silver? 7 ISON: 8 SGT. 9 ISON: SGT. 10 hand. The blade part. WARNKE: The blade. Yes. WARNKE: I’m showing you a photo and 11 there’s evidence marker six, there’s two knives, 12 I’m going to show that to you. 13 ISON: 14 SGT. 15 ISON: 16 17 Okay. WARNKE: Okay, do you recognize? I couldn’t tell you which knife it was. SGT. WARNKE: Okay. I’m going to show you 18 another photo. This is a photo, it’s the hallway. 19 Office Wayland is in it. There’s a picture of Van 20 Ness and there’s evidence market two. Can you show 21 us where you were standing when you fired the EIRW 22 if it’s in that photo. 23 ISON: It’s not in this photo but it is in 24 the doorway that is to the right of the photo and I 25 was in the—I was inside this room facing 26 perpendicular out towards the hallway. 11 SFPD 110796498 000220 Officer Kevin Ison – 110 796 498 – 10/03/2011 SGT. 1 2 So you’re actually in the room? ISON: 3 4 WARNKE: I was actually in the room at the time. SGT. 5 WARNKE: And there’s—Sergeant 6 Wayland is in the photo. Was that the direction you 7 were pointing the EIRW? ISON: 8 9 EIRW directly across from that, yes. SGT. 10 11 weapon in? 12 ISON: 13 SGT. 14 ISON: 15 SGT. 16 WARNKE: What position was the It was at shoulder. WARNKE: Shoulder. Yes. WARNKE: Okay. And how close was the person that you saw with the knife when you— ISON: 17 18 Yes, I was directly pointing the Like I said, approximately five feet, maybe less. SGT. 19 WARNKE: Okay. Do you remember where 20 your—was it a zone one or zone two—was it up high 21 or? ISON: 22 23 24 I believe it was zone-chest high so two. SGT. WARNKE: Where do you think—okay, 25 where do you think you—do you think you hit the 26 suspect? 12 SFPD 110796498 000221 Officer Kevin Ison – 110 796 498 – 10/03/2011 1 ISON: I believe I hit the suspect 2 probably on the left—on the left torso, left upper 3 body I believe. 4 5 SGT. ISON: 7 SGT. 9 10 I believe, yes. WARNKE: And where in that picture do you think Officer Heppler was? ISON: Office Officer Heppler was probably where the picture is being taken. 11 SGT. 12 ISON: 13 Okay. And you said Officer Heppler, you believe it was simultaneously shot. 6 8 WARNKE: WARNKE: Probably where the— Yeah, so the person taking the picture is probably, he’s back here. 14 SGT. 15 ISON: WARNKE: Okay. He’s actually from what I saw was 16 he was backing up and it looked like he was about 17 to enter the front foyer area that I was 18 describing. 19 SGT. WARNKE: So the direction we agree 20 is to the west of—would be down the hallway to the 21 west as opposed to—see this back door. 22 ISON: 23 SGT. 24 25 Right. WARNKE: Okay. The other direction, is that correct? ISON: Yes. 13 SFPD 110796498 000222 Officer Kevin Ison – 110 796 498 – 10/03/2011 SGT. 1 2 WARNKE: Okay, all right. And you heard Officer Heppler giving commands? 3 ISON: 4 SGT. 5 ISON: Yes. WARNKE: Why did you shoot the EIRW? I believe that I had a clear shot 6 and believe I could actually stop 7 clear shot from 8 stop 9 have had a chance to disarm 11 14 WARNKE: ISON: mean? SGT. WARNKE: thinking? You’ve got a 16 the EIRW? 18 19 20 21 22 23 24 25 26 Okay. How did you feel? I, elaborate further, what do you 15 17 [unintelligible] What were you thinking? 12 13 from the side. And if I could from charging further I believe we would SGT. 10 if I had a ISON: Sure. What were you with a knife, you have I was hoping to like stop from charging any further. SGT. WARNKE: Well, what do you think would happen if you didn’t do that? ISON: If I didn’t do that I believe that was going to charge further and try to stab Officer Heppler. SGT. WARNKE: Okay. Did this person ever say anything? ISON: I didn’t hear say anything. 14 SFPD 110796498 000223 Officer Kevin Ison – 110 796 498 – 10/03/2011 1 SGT. WARNKE: 2 SGT. BRACONI: Sergeant Braconi. Yeah, I think you’ve 3 answered most of my questions. Just to clarify, 4 when you were at the station and you first heard 5 the call come out had you loaded your vehicle with 6 the EIRW or did you grab it on the way out? 7 8 9 10 ISON: I was in process. I was actually on the way out to my vehicle. SGT. BRACONI: you were going to have EIRW in your vehicle. 11 ISON: 12 SGT. BRACONI: 13 14 So you had already decided That’s correct. And then the call comes out, then you get in your vehicle and go. ISON: Right. The procedure for me is I 15 always grab the EIRW trauma kit, my battery, and 16 the vehicle keys. 17 SGT. BRACONI: You already clarified you 18 saw a knife in the suspect’s left hand but you’re 19 not sure what you saw in the right hand. 20 ISON: 21 SGT. BRACONI: 22 No. Okay. When you fired the EIRW did the suspect slow at all? 23 ISON: I didn’t see 24 SGT. BRACONI: 25 or it had no affect on 26 you’re not sure. slow at all. So either it didn’t hit , one of the other, 15 SFPD 110796498 000224 Officer Kevin Ison – 110 796 498 – 10/03/2011 1 ISON: 2 SGT. BRACONI: 3 Thank you. 4 MSPK: That’s correct. Okay. That’s all I have. At some point you had said the 5 medics had cleared the two people at the scene and 6 I was just curious about the timing. In other words 7 were the medics in the home at any time while 8 activity was still going on? 9 ISON: I couldn’t tell you because at the 10 time I was clearing the remaining bedroom with 11 Officer Fillmore—I’m sorry, the remainder of the 12 house. 13 14 MSPK: further questions for you, thanks. 15 ISON: 16 SGT. 17 SHEA: 18 SGT. 19 20 Okay. So would—actually, I have no Okay. WARNKE: Shae? I have no questions. WARNKE: Okay. It’s approximately 1645 hours and we’ll conclude this interview. END OF DOCUMENT 16 SFPD 110796498 000225 Officer William Heppler – 110 796 498 – 10/03/2011 SGT. 1 WARNKE: This is Sergeant Warnke, 2 Star Number 1397 with the San Francisco Police 3 Department. 4 It’s approximately 1655 hours. We’re in the 5 Homicide Detail interview room at the Hall of 6 Justice at 850 Bryant Street. This is an interview 7 regarding Case Number 110 796 498. 8 is— SGT. BRACONI: 9 10 Today is Monday, October 3rd, 2011. QUESADA: 12 Francisco DA 7044. SHEA: Christopher Shea, attorney with the Police Officers Association. SGT. 17 WARNKE: HEPPLER: 20 SGT. 21 HEPPLER: 23 And Officer Heppler, first name? 19 22 And Mike Sullivan, Assistant District Attorney. 15 18 Investigator Jim Quesada, San SULLIVAN: 13 16 Sergeant Braconi, Star 2246, with the Homicide Detail. 11 14 Present with me William. WARNKE: How do you spell Heppler? H-e-p as in Paul another p-l-e- r. The Star is 1726. SGT. WARNKE: 1726. And just so we’re 24 all clear this is a voluntary statement. You’re 25 here with counsel. 26 HEPPLER: Yes. 1 SFPD 110796498 000226 Officer William Heppler – 110 796 498 – 10/03/2011 1 SGT. 2 HEPPLER: 3 SGT. 4 WARNKE: Is that understood? Yes. WARNKE: And you’re prepared to be interviewed? 5 HEPPLER: 6 SGT. WARNKE: Yes. Okay. Do you—I just have to 7 ask you a few questions here. Do you remember your 8 date of entry into the Department? HEPPLER: 9 SGT. 10 11 WARNKE: assignment? 12 HEPPLER: 13 SGT. 14 Richmond? Richmond Station. How long have you been at Since May, I think end of May of . SGT. 17 18 WARNKE: HEPPLER: 15 16 And what’s your current WARNKE: May of . And prior to that? 19 HEPPLER: 20 SGT. 21 HEPPLER: 22 SGT. 23 HEPPLER: 24 SGT. WARNKE: WARNKE: WARNKE: 25 probation station? 26 HEPPLER: Mission. Mission. And Northern before that. What did you do at Mission? Patrol. Patrol. Was that—was it a Probationary station. 2 SFPD 110796498 000227 Officer William Heppler – 110 796 498 – 10/03/2011 1 SGT. 2 Northern? WARNKE: 3 HEPPLER: 4 SGT. 5 working today? WARNKE: 6 HEPPLER: 7 SGT. WARNKE: 8 plainclothes? 9 HEPPLER: 10 SGT. 11 HEPPLER: 12 13 14 WARNKE: SGT. Number. WARNKE: 16 SGT. WARNKE: HEPPLER: 19 SGT. 22 23 24 Day shift, Were you in uniform or Plainclothes. Who were you working with? Officer Tory Corosco, Star And what about your Star 3 George 35. 3 George 35. And you were in plainclothes. What were you wearing? 18 21 And what shift were you I mean, I’m sorry, your call sign? HEPPLER: 20 Yeah. Number 1599. 15 17 Okay. And you trained at WARNKE: This pretty much. Were you wearing that sweatshirt? HEPPLER: Yeah, I was wearing this sweatshirt. SGT. WARNKE: Okay. So you’re wearing a blue hoodie sweatshirt with the white. 25 HEPPLER: 26 SGT. WARNKE: Yeah, Element logo on it. Element logo on it. 3 SFPD 110796498 000228 Officer William Heppler – 110 796 498 – 10/03/2011 1 HEPPLER: 2 SGT. 3 Blue jeans, black shoes. WARNKE: Blue jeans and black tennis shoes? 4 HEPPLER: 5 SGT. Yeah. WARNKE: 6 carrying with you? 7 HEPPLER: What equipment were you I had my 221, handcuffs with an 8 extra mag case, my OC, and T’s with my whistle on 9 it, and my Star was on my outermost clothing before 10 11 we went in there. SGT. WARNKE: Is that what you were 12 wearing, there’s a—I’ve worked plainclothes before. 13 Is it on you right now? 14 HEPPLER: 15 SGT. 16 HEPPLER: My Star? WARNKE: Yeah. Yeah. And I also had a jersey on 17 underneath that I’ve taken it. It was a Washington 18 Nationals jersey but this was my Star holder with 19 the chain on it. 20 21 22 23 SGT. Okay. And you used the phrase 221. Could you— HEPPLER: My firearm, Department-issued firearm. 24 SGT. 25 was that? 26 WARNKE: WARNKE: HEPPLER: And what type of firearm Seasaur P229. 4 SFPD 110796498 000229 Officer William Heppler – 110 796 498 – 10/03/2011 1 SGT. WARNKE: Just after 7:15 this 2 morning there was an incident that occurred on the 3 600 block of Funston. Can you tell us what happened 4 in regards to your involvement? 5 6 HEPPLER: We got a call that an or a neighbor of an at 7 that address was stabbed in the hand and 8 was possible the one that stabbed 9 bleeding from and was hand, so assault with a knife, 10 and A-priority, 219, stabbing. We came up for the 11 call, drove there in our unmarked car. When we 12 arrived fire trucks were already on the scene and 13 officers—Officer Hernandez was on the scene and 14 Officer Wong was on the scene and Sergeant—I 15 believe Sergeant Greggs was there as well and we 16 arrived and we stacked at the front door, or we got 17 in a line at the front door. I was behind Office 18 Corosco, we both had our Stars our on our outermost 19 clothing. I believe Jason Hernandez was first in 20 line, then Kevin Ison who had the ERW, was second, 21 then Corosco, then me and they Sergeant Greggs was 22 right behind me. In the entryway there was blood 23 all over the entryway, I noticed that, and then we 24 started going up the stairs and I noticed there was 25 blood on the railing on the stairs, made note of 26 that to Sergeant Greggs who was going to put his 5 SFPD 110796498 000230 Officer William Heppler – 110 796 498 – 10/03/2011 1 hand on the railing. Went up the stairs in a 2 fashion to clear the house. Everyone—I had my gun 3 at my low ready because the other officers in front 4 of me had their guns up looking at the—up the 5 stairs. When we got to the top of the stairs we saw 6 that there was an 7 the hallway and 8 and Officer Hernandez went—this is kind of hard to 9 explain but—so at the—you go in the entryway of 10 this house and it immediately goes upstairs and 11 there’s a little landing and then there’s a hallway 12 that goes down and bedrooms on the left-hand side 13 or rooms on the left-hand side, and there’s a 14 kitchen and there’s a living—there’s a living room 15 on this side towards the right in the back. So 16 Office Ison and Officer Hernandez they went into 17 the kitchen to clear that room and Officer Corosco 18 was in front looking down the hallway and I was 19 right, had his gun downrange at the hallway to 20 clear that room and make sure no one comes out. And 21 I was next to him with my gun at the low ready 22 behind him. We see a 23 maybe 20, 30, I don’t know how old 24 goes across at the very end of the hallway across 25 into a room and we start yelling ‘Come out. Police. 26 SFPD, SFPD, come out with your hands up. Come out facedown laying in wasn’t moving and Officer Ison an I don’t know, was. She 6 SFPD 110796498 000231 Officer William Heppler – 110 796 498 – 10/03/2011 1 with your hands up.’ No response, nothing. Troy, 2 Officer Corosco says he’s going to reholster his 3 weapon and try to give aid, render aid to the 4 victim on the ground by pulling 5 of the hallway. So I take my gun from the low ready 6 and I go down the hallways with it and he pulls he, 7 starts pulling 8 out with your hand up. Come out with your hands 9 up.’ He pulls 10 11 out of the way out and I’m yelling ‘SFPD. Come away. As I’m looking down the hallway because I’m thinking that in there, might be the possible suspect that stabbed this , 12 year old, comes 13 out of a room because there was a door probably I 14 don’t know how many feet or what not but real close 15 to me, maybe just right here at the top of the 16 stairs, from here to the end of the room. And 17 just pops out with a knife in 18 kind of got this glazed look on 19 dead eyes and 20 hand and I saw drop it, drop the knife, drop the 21 knife, police officer. And I start to back up, back 22 pedal a little bit. And I back-passed and 23 starts charging me and then I shot 24 opinion and what I was feeling there was an 25 imminent threat to my safety and the safety of 26 other officer at the scene and my life and I wanted has hand and—and knife and face. Just like raises just I was in my 7 SFPD 110796498 000232 Officer William Heppler – 110 796 498 – 10/03/2011 1 to stop the threat so I—I don’t know how many 2 rounds I fired but I shot 3 SGT. 4 HEPPLER: 5 6 WARNKE: Okay, okay. That’s about it. And then they kind of whisked me out of the house. SGT. WARNKE: Okay. All right. So when 7 you first got there you mentioned you guys stacked 8 on the front door. 9 HEPPLER: 10 11 SGT. Yeah. WARNKE: And you noticed a lot of blood. 12 HEPPLER: 13 SGT. 14 HEPPLER: 15 SGT. Yeah. WARNKE: Was this the entranceway? Yes. WARNKE: And now you said that 16 had a knife. Do you remember which hand 17 knife in? 18 HEPPLER: 19 SGT. had the Oh God, I can’t say for certain. WARNKE: Okay. Do you remember 20 which—so you don’t remember—do you know what 21 position? 22 HEPPLER: 23 SGT. 24 If I stood up. WARNKE: Go ahead, go ahead, you can do that. 25 HEPPLER: 26 SGT. WARNKE: Yeah. Now you’re standing up. 8 SFPD 110796498 000233 Officer William Heppler – 110 796 498 – 10/03/2011 1 2 3 HEPPLER: So it comes out and just kind of like that. And I think it was in this hand. SGT. WARNKE: Okay. So was the knife 4 pointed in your direction if you recall, was it 5 pointed up or down or at your direction or—if you 6 recall. 7 HEPPLER: I can’t say for certain, I’m 8 sorry. I just remember seeing a knife and it coming 9 up and it started charging me and I kind of—yelling 10 stop I started zeroing in on center mass and 11 came towards me and that was it. 12 SGT. WARNKE: Were you cognizant of where 13 any of the other officers who you were with? I mean 14 do you know where Officer Corosco was? 15 HEPPLER: I knew Officer Corosco was to my 16 left pulling the 17 front of me or anything and I knew the other two 18 officers were in the room, in the kitchen area but 19 I didn’t peripherally like see them after I saw the 20 21 22 23 out of the way, he wasn’t in coming at me with a knife. SGT. WARNKE: How close did he get to you before you shot HEPPLER: So at first we were probably 24 about that close and I—and then probably about 25 right here. 9 SFPD 110796498 000234 Officer William Heppler – 110 796 498 – 10/03/2011 SGT. 1 WARNKE: Okay. So you’re making—you 2 set up and you’re kind of doing a reenactment with— 3 it’s okay, with ADA Sullivan. 4 HEPPLER: 5 SGT. 6 Do you [unintelligible] WARNKE: That’s okay. Go back there. I’m just trying to get a measurement now. HEPPLER: 7 Okay. So if this is doorway 8 pops out right here and takes a step towards me and 9 I back up, stop, stop, all right put it down, put 10 down, SFPD put it down. I start backing up and he 11 starts to come at me. 12 SGT. WARNKE: 13 HEPPLER: 14 SGT. 15 HEPPLER: 16 SGT. WARNKE: WARNKE: was coming at you? was coming at me. With the knife? Yeah, towards me. And you already had 17 information that there was a person who was a 18 suspect? HEPPLER: 19 I had information that there was 20 a— an 21 Dispatch had possibly cut years old from or stabbed and then there was an 22 , maybe 23 about— not moving on the floor. 24 So I—I kind of had the suspicion that 25 one who stabbed and may possibly have killed was the I 10 SFPD 110796498 000235 Officer William Heppler – 110 796 498 – 10/03/2011 1 didn’t know if 2 point, but… SGT. 3 4 was breathing or not at this WARNKE: And you mentioned you were in fear of you and other people? HEPPLER: 5 I was in fear of my safety that was going to possibly stab me or as I was 6 7 backing up maybe b-line toward Officer Corosco who 8 was helping 9 partner’s safety as well. SGT. 10 11 or not. So I had fear for my WARNKE: Did anybody else fire that you know of? 12 HEPPLER: Not that I know of. 13 SGT. 14 SGT. BRACONI: WARNKE: Okay. Sergeant Braconi. When you—when you—well, let 15 me just start here. So you saw both of the 16 suspect’s hands and they were kind of up, you know, 17 maybe at shoulder length or higher. 18 HEPPLER: Yeah. 19 SGT. BRACONI: Did you see what was in 20 both hands? Did you see if 21 hand or if 22 remember? HEPPLER: 23 had a knife in either had more than one knife or do you I remember seeing a knife in one 24 of hands. I though might have had something 25 in the other hand but I kind of transfixed on the 26 knife which I believe was in this hand. 11 SFPD 110796498 000236 Officer William Heppler – 110 796 498 – 10/03/2011 SGT. BRACONI: 1 And one was higher than the 2 other? One hand was higher than the other? The way 3 you keep describing it I see the right hand a 4 little bit higher than the left hand. Do you 5 remember if that was the case or not? HEPPLER: 6 Not especially, I couldn’t say 7 like one was—one hand was down there and one was up 8 here. SGT. BRACONI: 9 You’ve indicated a couple 10 of times I think it was in this hand and you’re 11 indicating your right hand, is that— HEPPLER: 12 That’s what I mean from the 13 mental image I have in my head from what happened 14 but— 15 16 17 18 19 SGT. BRACONI: And that’s all we can ask of you. SGT. BRACONI: Sergeant Warnke did you want to show? SGT. WARNKE: I did, yeah, this is a 20 photo, it’s evidence marker #6, there’s a couple 21 knives there. 22 23 24 SGT. BRACONI: Do those look familiar to you at all? HEPPLER: That one does, the bigger one. 12 SFPD 110796498 000237 Officer William Heppler – 110 796 498 – 10/03/2011 1 SGT. BRACONI: Okay, the knives are kind 2 of crossed and there is one that is larger and you 3 recognize that knife? 4 HEPPLER: Yeah, I remember it had—I 5 remember a silver-ish blade but I remember the, I 6 thought it was a red hand, I think brownish with 7 maybe blood on it. 8 SGT. BRACONI: 9 Now in this photo, sorry, I should have showed you earlier, there’s a photo 10 there, there’s a hallway, Sergeant Wayland, there’s 11 a photo of Van Ness. Do you recall in relation to 12 that where you were when you first saw 13 say come out of the room? 14 HEPPLER: 15 SGT. BRACONI: 16 HEPPLER: 17 SGT. BRACONI: 18 19 20 as you I was in the doorway. You were in that doorway? Yeah. Were you in the hallway or in the doorway? HEPPLER: I was parallel to Kate right here in the door with my gun in the doorway. 21 SGT. BRACONI: 22 HEPPLER: 23 SGT. BRACONI: It’s okay. 24 SGT. Your gun was downrange or 25 WARNKE: You gun in the doorway. It’s hard to say. was in the doorway? 13 SFPD 110796498 000238 Officer William Heppler – 110 796 498 – 10/03/2011 1 HEPPLER: Downrange but I’m trying to say 2 that I was—I wasn’t like my—if this is the doorway 3 right here I’m not like this with my gun in here, 4 I’m like here with my gun in the doorway. 5 6 SGT. WARNKE: the doorway and you’re behind? 7 HEPPLER: 8 SGT. 9 10 11 12 I got you. So your gun’s at Yes, exactly. WARNKE: Okay. And at some point popped out of a— HEPPLER: popped out of like a room which was right here. SGT. WARNKE: Okay. And you’re pointing to 13 the left side of the hallway, there is a—it looks 14 like the edge of a door that’s visible, that is the 15 door that 16 HEPPLER: 17 the left. 18 SGT. 19 20 21 22 23 24 popped out of? WARNKE: Popped out of the first door on And where were you at that point? HEPPLER: I was right here when out. I took one step back and I saw SGT. WARNKE: popped . Okay, now you’re pointing, you were in the middle of the hallway? HEPPLER: Probably at the line with this. 14 SFPD 110796498 000239 Officer William Heppler – 110 796 498 – 10/03/2011 1 SGT. WARNKE: At the line within the 2 banister up there. You were that close. You took a 3 step backwards. 4 HEPPLER: SFPD, drop the knife, drop it, 5 drop it, drop it. And then 6 come towards me and then I took a couple steps back 7 and when I fired I was backpedaling I should say or 8 coming backwards. 9 10 SGT. WARNKE: started to rush me or And if you were to—how many feet do you think you were when you actually shot 11 feet away from 12 HEPPLER: ? I took a couple steps back 13 before I fired. Just instinct maybe hoping that 14 would drop it but 15 probably within five to seven feet when I shot 16 17 SGT. didn’t and then within, WARNKE: Okay. Had you ever been in that residence before? 18 HEPPLER: 19 SGT. 20 HEPPLER: 21 SGT. No. WARNKE: WARNKE: You ever seen those people? No. Did you know what was 22 behind you? You’re backpedaling, do you know—are 23 you cognizant at all okay I can keep going if I 24 want or? 25 26 . HEPPLER: When we first entered I took a look to the right and I knew that there was a 15 SFPD 110796498 000240 Officer William Heppler – 110 796 498 – 10/03/2011 1 hallway with a living room back there. I didn’t 2 check the floor to see if there was magazines or 3 something on the floor but I did know that there 4 was room behind it. 5 SGT. WARNKE: 6 SGT. BRACONI: Okay. Sergeant Braconi. Do you—I think maybe 7 Sergeant Warnke may have asked you but did 8 anything at all at that point, at any point, when 9 you came into contact with him? 10 HEPPLER: 11 SGT. BRACONI: 12 Nothing that I recall. Okay. Did make any Okay. Did appear to be sounds? 13 HEPPLER: 14 SGT. BRACONI: No. 15 focusing on you or you couldn’t tell what 16 focusing on? 17 say HEPPLER: From what I can recall 18 dead stare right at me. 19 SGT. BRACONI: 20 HEPPLER: was had a Kind of a blank stare? Blank kind of, yeah, it’s hard—I 21 mean, you ever seen like one of those zombie 22 movies—that’s maybe a bad analogy, I don’t want to, 23 you know, someone who’s deceased—say that about 24 someone who’s deceased but just that kind of that, 25 you know, right, you know—just right at you. 16 SFPD 110796498 000241 Officer William Heppler – 110 796 498 – 10/03/2011 SGT. BRACONI: 1 2 seem to affect 4 No, SGT. BRACONI: So you continually ordered to get any noticeable reaction out of 8 HEPPLER: 9 SGT. BRACONI: 11 None whatsoever. Okay. Did you see any blood on HEPPLER: I think had blood on 12 shirt. I can’t say exactly what 13 I think 14 I think I remember seeing blood on 15 16 17 kept coming to stop and drop the knife but you didn’t seem 6 10 seemed to— after my orders. 5 7 in any way? HEPPLER: 3 So you giving orders didn’t was wearing but had like a white t-shirt on or something SGT. BRACONI: t-shirt. Okay. I think that’s all I have, thanks. MSPK: Office Heppler, from the time that 18 you went up to that hallway with the other 19 officers, from the time you got up there to the 20 point you saw 21 would you say transpired? 22 HEPPLER: coming at you about how long My time’s off now from that but 23 I—it was, it seemed real quick at this point, me 24 thinking about it now. There was enough time for—we 25 got up there, everyone looked, they cleared, went 26 to clear the kitchen, the other two officers, the 17 SFPD 110796498 000242 Officer William Heppler – 110 796 498 – 10/03/2011 1 uniformed officers in the kitchen, enough for Troy 2 to pull the victim out of the way, out of the way 3 of the hallway but after that I don’t know. It 4 happened real quickly. MSPK: 5 For that entire time yourself and 6 you heard other police officers announcing your 7 presence? 8 HEPPLER: 9 MSPK: Yes. Okay. And from the time that you 10 saw the 11 least one knife, and you’re pointing your firearm 12 at 13 behind you or you just don’t know. 14 15 come out of the door with the knife, at do you know if there were any other officers HEPPLER: To my—like directly behind me in the hallway? 16 MSPK: 17 HEPPLER: Yes. Not, I don’t believe so but I 18 couldn’t say for—when I’m backpedaling I know there 19 was no one behind me but I know that like Sergeant 20 Greggs was still on the stair landing over there on 21 the left. 22 MSPK: Okay. But from the time you saw 23 how many seconds or how much time do you think 24 passed from you seeing 25 actually firing your weapon? with the knife to 18 SFPD 110796498 000243 Officer William Heppler – 110 796 498 – 10/03/2011 1 HEPPLER: Just—just enough time for me to 2 say, you know, SFPD drop the knife, drop the knife, 3 and me take two steps back and then 4 complying. 5 MSPK: 6 MSPK2: not, not I have no more questions. one I wanted to ask you a question 7 about a phrase you used, you said going down the 8 hallway and I want to make sure I understand what 9 you were saying. At the time that Officer Corosco 10 was pulling the 11 you had motioned that you had gone from what 12 appeared to be the low ready up to maybe a high 13 ready position and when you say go down the hallway 14 is that fair to say that you meant you aimed your 15 firearm down the hallway? 16 HEPPLER: 17 MSPK2: 18 HEPPLER: victim towards the stairs You mean when I said downrange? Yeah. Yeah, I’m sorry, aiming my 19 firearm downrange in case what we thought, what I 20 thought was the primary, one of the primary 21 suspects went in the back bedroom there, came out 22 with a gun or a firearm or a knife or something. 23 MSPK2: 24 HEPPLER: 25 You’re just providing coverage? I was covering Officer Corosco in case something—yeah, exactly. 19 SFPD 110796498 000244 Officer William Heppler – 110 796 498 – 10/03/2011 1 MSPK2: And just to make sure I understand 2 you, you didn’t move down the hallway, you simply 3 stayed where you were and aimed your firearm down 4 the hallway? 5 HEPPLER: 6 MSPK2: Correct. All right. And then Officer 7 Corosco pulled the 8 that time maybe even as it was happening, that’s 9 when the subject came out of the doorway, is that 10 correct? 11 HEPPLER: 12 MSPK2: 13 14 by you and it was after recall where HEPPLER: Yeah, yes it’s correct. When you first saw do you hands were? I have an image in my mind of 15 replaying this that they were mid, kind of down, 16 and then when 17 18 19 first came out like this but when pened the door, came out and then immediately raised them, raised I think this one up. MSPK2: Let me stop you to make sure I’m 20 getting everything right. So what you’re done is 21 you’ve motioned your hands around to your side, 22 maybe about even six inches to eight inches off 23 your hips and then they’re down at your hips and 24 you kind of bring them forward. Is that accurate? 25 26 HEPPLER: I couldn’t say, sir. I mean—up, I’m doing this exactly, you know if you say that’s 20 SFPD 110796498 000245 Officer William Heppler – 110 796 498 – 10/03/2011 1 the exact motion 2 but brought 3 No, didn’t just come out of the room with 4 hands in the air, 5 keeping hands here and come towards me. 6 brought hands with 7 position and then up and came towards me. 8 9 MSPK2: did I can’t say with certainty hands up and came towards me. didn’t come out of the room hands at a lower And when you’ve done that you’ve got your fists held up and it’s with the thumb of 10 your fist facing your face and the bottom of the 11 hand facing away, is that accurate? 12 HEPPLER: 13 MSPK2: 14 raising Yes. And so at the time that fists up is he also moving towards you? 15 HEPPLER: 16 MSPK2: Yes. And somewhere in here you saw a 17 knife in one of the hands and then were you able to 18 focus on 19 face at this point? HEPPLER: I remember recognizing that it 20 was an 21 [unintelligible] when I felt the imminent threat to 22 my life and safety I focused more the center mass 23 of the individual. 24 MSPK2: but then I started to focus on Do you recall—you may or may not 25 remember but do you recall if 26 directly at you a was looking was coming down the hallway? 21 SFPD 110796498 000246 Officer William Heppler – 110 796 498 – 10/03/2011 HEPPLER: 1 from what I recall 2 3 When first came out and I saw looked directly at me because like I said before I remember seeing that eyes and having that dead stare and then when I 4 5 was yelling I started transfixing on 6 because I was feeling the threat that I might have 7 to take—stop the threat. MSPK2: 8 9 Okay. Did you see chest look anywhere other than directly at you? 10 HEPPLER: 11 MSPK2: No. And what were you feeling as 12 came down the hallway looking at you in the manner 13 you’ve described? HEPPLER: 14 I was feeling fear for my life 15 and safety and for my partner as well because I 16 knew MSPK2: 17 18 HEPPLER: Yeah, he was Officer Corosco to the left. MSPK2: 21 22 And you put your hand out to your left, is that Officer? 19 20 was close to me and close to the And would he have been—where would he have been at this time, how close to you? HEPPLER: 23 I was—he was lower in pulling 24 the out and there was a landing here so real, 25 within one or two feet but I couldn’t tell you 26 exactly because I was fixed up, my eyes were fixed 22 SFPD 110796498 000247 Officer William Heppler – 110 796 498 – 10/03/2011 1 up and he was down but it’s one of those things 2 where you kind of have a sense of feeling where 3 people are and I knew what he was doing so I knew 4 he was still close to me and he wasn’t moving the 5 very far. 6 MSPK2: 7 And were you still covering Officer Corosco at this point? 8 HEPPLER: 9 MSPK2: Yes. And do you know whether Officer 10 Corosco had to put his firearm away or whether he 11 was still holding it out? 12 HEPPLER: No, reholstered his firearm 13 before he started to render—pull the 14 out of the way. 15 MSPK2: And was there anyone else between 16 Officer Corosco and the suspect at the time that 17 you fired? 18 HEPPLER: 19 MSPK2: 20 SGT. No. Thank. WARNKE: I’m going to show you 21 another photo, it’s a different angle and this is 22 facing towards, well this one is. Can you—why don’t 23 you describe, tell us what you see if you could. 24 25 HEPPLER: That’s the door came out of I believe. 23 SFPD 110796498 000248 Officer William Heppler – 110 796 498 – 10/03/2011 SGT. 1 WARNKE: 2 came out of, okay. 3 HEPPLER: Okay, that’s the door I don’t know, I can’t tell from 4 this but there was a door here. If this was a door 5 on the left-hand side, I don’t know how deep this 6 goes. SGT. 7 8 WARNKE: Let me orient you. See this banister right here? HEPPLER: 9 SGT. 10 Uh-huh. WARNKE: That banister, this is the 11 stairwell, this comes up and this is the landing on 12 the right side. HEPPLER: 13 There’s a door somewhere here 14 that 15 if that’s the exact [unintelligible] 16 17 18 popped out of, I should say. I can’t tell SGT. HEPPLER: the room. 20 SGT. I’m not sure if that goes into WARNKE: You see these evidence markers, two, three, four, five and six? 22 HEPPLER: 23 SGT. 24 HEPPLER: 25 SGT. 26 There is a door right there, okay. 19 21 WARNKE: Uh-huh. WARNKE: WARNKE: You see those? Yeah. Okay. Do you remember whereabouts you were in relation to those? 24 SFPD 110796498 000249 Officer William Heppler – 110 796 498 – 10/03/2011 1 HEPPLER: 2 SGT. 3 HEPPLER: 4 SGT. 5 pointing— WARNKE: HEPPLER: 7 SGT. SGT. WARNKE: Right near about four, Yeah. WARNKE: And do you recall where was? HEPPLER: 12 fell somewhere right about here. SGT. 14 15 Back there, and you’re Right where these are. HEPPLER: 10 13 Back here. five, and six, in that area. 9 11 Yes, when you fired? WARNKE: 6 8 I—at the end of the incident? WARNKE: fell right in the same area? 16 HEPPLER: 17 SGT. 18 MSPK: Yeah, face first. WARNKE: Okay. I don’t have any-- You know, I should follow up and 19 ask you one last question. It will come up later 20 through CSI. Did you load your firearm with 21 standard issue rounds issued by the Department? 22 HEPPLER: 23 to the range. 24 SGT. WARNKE: 25 SGT. BRACONI: Yes, sir. The last time I went Sergeant Braconi? No, I think we’re good. 25 SFPD 110796498 000250 Officer William Heppler – 110 796 498 – 10/03/2011 SGT. 1 2 3 WARNKE: Okay, it’s approximately 1718. END OF DOCUMENT 26 SFPD 110796498 000251 'vie or San Francisco Police Department To: Captain Simon Silverman #1543 Commanding Officer Richmond Station APPROVED YES NO 111 From: Lieutenant Robert C. Yick #1264 Commanding Officer Internal Affairs Division Date: Thursday, February 13, 2014 Subject: Disposition of I.A.D. Case #01S-11-006 TYPE OF COMPLAINT: Officer Involved Shooting MEMBER: Officer William Heppler # 1726 The complaint of Officer-Involved Shooting has been classified IN POLICY/WITH NO FURTHER ACTION by the Chief of Police. Copy: Officer William Heppler #1726 /ml SFPD 110796498 SFPD-68 (03/89) * 000252 INTERNAL AFFAIRS DIVISION CASE EVALUATION Evaluation by Sergeant John Crudo #1694 IAD 0.I.S. Case #11-006 401 Ro9k N4h January 17, 2014 Lt Robert Yick #1264 MEMBER INVOLVED: Officer William Heppler #1726 INCIDENT: Officer-Involved Shooting FINDINGS: On Monday, October 3, 2011 at approximately 0716 hours, units from Richmond Station responded to an A-priority report of a stabbing at Funston Street. Upon arrival, officers discovered in front of the address bleeding from hands. stated that had attacke with a knife and was still inside the residence. In response to their initial investigation, informed officers that suffered from . Responding officers prepared to enter the premise in order to protect others still inside the apartment. They formed a stack. Uniformed officer Jason Hernandez #1608 (3G1A) was first in line, followed by uniformed officer Kevin Ison #176 (3G28)—armed with the Extended Range Impact Weapon—then plainclothes officers Troy Carrasco #1599, and his partner, William Heppler #1726 (3G35). At the rear were uniformed officer Joe Filamor #213 (3G4A) and Sergeant Lawrence Gray #1304 (3G104). As the officers made entry, they repeatedly announced themselves and called for the suspect to exit and surrender. The officers began moving to contact. Upon reaching the top of an interior stairway, they discovered a second victim, later identified as was lying motionless in the hallway, bleeding profusely from multiple stab wounds. was emitting "gurgling" sounds. Officer Carrasco holstered his weapon and told Officer Heppler to cover him while he rendered emergency aid to the At the far end of the hall, the officers saw a —later identified as the suspect's leaving one room, cross the hallway, and enter another. ignored the yelling officers, and the officers thought might be the suspect. A moment later, as Officer Carrasco was tending to a nearby door opened and emerged, only five to seven feet from Officers Carrasco and Heppler. was holding a knife in each of hands. Officers in the stack repeatedly yelled at to "drop the knife," but raised both hands as fists above shoulders in an attack posture and closed in on Officer Heppler. SFPD 110796498 000253 OIS #11-006 Officer Heppler described the suspect as having a "dead" and "vacant" look in eyes, and his commands did not appear to register with the suspect. Officer Heppler back pedaled until he felt like he had no other option but to fire his weapon. Officer Heppler said he was afraid and feared for his life. He fired his weapon two times, mortally striking who immediately collapsed. and were subsequently transported to the San Francisco General Hospital emergency room, where each was pronounced dead. Forensic evidence was collected at the scene and analyzed by Crime Scene Investigations, and this data reviewed for the investigation. Subsequent autopsies by the Medical Examiner determined that succumbed to two gunshot wounds to the torso, as well as five self-inflicted straight edge wounds. died as the result of more than 30 separate stab wounds to the head, neck, and upper body, inflicted by Two bullets were recovered (one from by the Medical Examiner, the other at the scene by CSI), and both were determined to have been fired from Officer Heppler's weapon. A criminal investigation was initiated by the Homicide Detail and the Office of the District Attorney. The Homicide Detail's findings were forwarded to the Office of the District Attorney, who reviewed them in conjunction with their own investigative conclusions. In his charging decision letter, District Attorney George Gascon wrote: The facts in the present case indicate Officer Heppler fired his weapon at from a distance of about 5 to 7 feet as ignored Officer Heppler's commands to "Drop the knife" and continued to move directly towards Officer Heppler with two knives held outward. Officer Heppler was aware at the time that Officer Carrasco was approximately two feet to his left, trying to move down the stairs. He also knew that said attacked with a knife, and he had reason to believe that was responsible for grave injuries. It was reasonable for Officer Heppler to fire at to protect himself, the other officers and It is our conclusion that Officer Heppler acted lawfully. An administrative investigation was initiated by then-Sergeant Michael Nevin #166 and Sergeant Martha Juarez #1800, of the Internal Affairs Division. This case was subsequently completed by then-Sergeant Timothy Paine #763. The investigation concluded that Officer Heppler's actions were in accordance with Penal Code 835a, Department General Order 5.01, Use of Force and Department General Order 5.02, Use 2 SFPD 110796498 000254 OIS #11-006 of Firearms. Section LC of Department General Order 5.02, Use of Firearms (as revised 3/16/11) states, in part: C. DISCHARGE OF FIREARMS 1. PERMISSIBLE CIRCUMSTANCES. Except as limited by Sections C.4 and C.5, an officer may discharge a fireaan in any of the following circumstances: a. In self-defense when the officer has reasonable cause to believe that he or is in imminent danger of death or serious bodily injury. . b. In defense of another person when the officer has reasonable cause to believe that the person is in imminent danger of death or serious bodily injury. However, an officer may not discharge a firearm at a person who presents a danger only to him or herself, and there is no reasonable cause to believe that the person poses an imminent danger of death or serious bodily injury to the officer or any other person. c. To apprehend a person when both of the following circumstances exist: (1) The officer has reasonable cause to believe that the person has committed or has attempted to commit a violent felony involving the use or threatened use of force; AND (2) The officer has reasonable cause to believe that a substantial risk exists that the person will cause death or serious bodily injury to officers or others if the person's apprehension is delayed. The findings of this investigation establish a preponderance of evidence that Officer William Heppler #1726 discharged his weapon in accordance with Department General Orders 5.01 and 5.02. As a result of this investigation, IAD recommended that Officer Heppeler's actions on October 3, 2011 be found Proper Conduct and In Policy. The Firearm Discharge Review Board (4th Quarter 2013) convened on January 14, 2014 and reviewed the criminal and administrative findings in this case. The FDRB unanimously recommended a finding of Proper Conduct/In Policy and forwarded this recommendation to the Chief of Police. RECOMMENDATION: Officer William Heppler #1726 Proper Conduct/In Policy No Further Action 3 SFPD 110796498 000255 POLICE DEPARTMENT CITY AND COUNTY OF SAN FRANCISCO THOMAS J. CAHILL HALL OF JUSTICE 850 BRYANT STREET SAN FRANCISCO, CALIFORNIA 94103-4603 EDWIN M. LEE GREGORY P. SUHR MAYOR CHIEF OF POLICE January 23rd 2014 The Commanding Officer of the Internal Affairs Division recommends that this case be classified as indicated: RECOMMENDATION: Officer William Heppler #1726 Officer-Involved Shooting Proper Conduct/In Policy No Further Action Captain Christopher Pedrini Risk Management Office I Concur I do not Concur ief Lyn Tomioka C Chief Chief of Staff -3.3t-owe.A.A.12— • GRE 11" P. SUHR Chief of Police Date I.A.D. O.I.S. Case #11-006 /ml C.0 0 SFPD 110796498 000256 San Francisco Police Department 4Th Quarter 2013 Firearm Discharge Review Board OIS 11-006 CONFIDENTIAL SFPD 110796498 000257 Incident Profile Date of Occurrence: Monday, October 3, 2011 Time of Occurrence: 0724 hours Location of Occurrence: Case Number: SFPD 110796498 Funston Avenue 110-796-498 000258 Location Overview . . . ?43?:95 J. .I .. .tl (11.11?: 3.311353, $131537 SFPD 1 10796498 000259 Involved Officer: William Heppler #1726 Date of Hire: Experience: 5 years, SFPD Assignment: Richmond Station Plainclothes Officer Unit: 3G35 Shift: SFPD 110796498 Hours 000260 Suspect: Date of Birth: Sex/Race: Height/Wt: SFPD 110796498 000261 Pre-Contact Funston • At 0719 hours dispatch broadcasts an 'A' 219 at indicating the victim, -year old is out front bleeding and the suspect is the • Officer Wong #2005 arrived first and broadcast that the suspect was inside the residence, possibly with another knife. • Other responding officers formed an entry team to search the premise for other victims while Officer Wong attended • Entry team included Officer Ison #176 deploying a less lethal ERIW shotgun. SFPD 110796498 000262 Pre-Contact Entry Team: Officer Jason Hernandez #1608 Officer Kevin 'son #176 (ERIW) Officer Troy Carrasco #1599 (now Sergeant) Officer William Heppler #1726 Officer Joe Filamor #213 Sergeant Lawrence Gray #1304 SFPD 110796498 000263 Entry into Residence • Officers repeatedly announce presence and demand suspect surrender. • Officers then enter and proceed up stairway. • Officer Heppler notes that there was a lot of blood in the entry and on the stairway railing; thinks "this isn't good". • At the top of the landing Officers Hernandez and !son enter the flat, turning right towards the front of the house to clear it. SFPD 110796498 000264 Entry into Residence • Officers Carrasco and Heppler hold at the stairway and cover the left side, down a hallway towards the rear of the house. • A bloody hallway; , 7 year old lying facedown in the is unresponsive and gurgling. exits a room down the • An hallway and crosses into another room; does not respond or comply with commands. • Officer Carrasco holsters his pistol in an attempt to rescue the SFPD 110796498 000265 Contact with • Officer Carrasco attempts to drag the of the open hallway. • out exits a room into the hallway, 5-7' away, and advances on Officer Heppler with two knives raised. • Officer Heppler backs away demanding drop the knives. • Officer Carrasco releases attempts to draw his firearm. ,oRANcoe, and POLICE elf LER:k4 wt7 SFPD 110796498 000266 Firearms Discharge • Officer Filamor saw with a "crazed, blank look" holding at least 1 knife. He was afraid for his safety but did not fire because Officer Heppler was in front of him. • Officer !son was now in a room adjacent to in the hallway and heard Officer Heppler's commands to drop the knife. • Officer !son saw advancing on Officer Heppler holding a knife. Fearing for Officer Heppler, Officer !son discharged an ERIW beanbag round at SFPD 110796498 000267 Firearms Discharge • Officer Heppler was in fear for his life as well as the life of Officer Carrasco who was attempting a rescue. • Officer Heppler said he did not want to shoot anybody and would have been happy if dropped knives. • With no more room for retreat Officer Heppler fired two rounds at who dropped immediately. SFPD 110796498 000268 Post Discharge • Officer Carrasco carried waiting medics. • outside to was secured and on-scene officers cleared the remainder of the residence. of • was secured from a back bedroom. • Once the scene was secured and safe medics entered the premise to treat SFPD 110796498 000269 Post Discharge • was transported to SFGH where was later pronounced deceased. • was also transported to SFGH was later pronounced deceased. where SFPD 110796498 000270 DEM: • • • • • • • • • • • • • DEM broadcast of "A" priority 219 (stabbing) at Funston. "Mr. is 07:19:12 bleeding from the hand. Suspect is the " Numerous Richmond units begin response. Dispatch further advises, " barrier. The , -years-old, still inside the house." Dispatch further: wearing pajamas; steak knife was used. 07:20:40 Dispatch further: has the knife and is outside. 07:21:00 3G3A (Officer Wong) is on scene with medics 07:21:20 07:21:40 3G3A advises Code 4; he is on scene with medics 3G1A (Officer Hernandez) is on scene 3G3A advises that is inside and may have another knife and 07:22:00 is going to 07:22:20 make entry 07:22:40 3G1A advises that they are going to standby until E.R.I.W. is on scene. 3G28 (Officer [son) advises that he is on scene with E.R.I.W. 07:23:20 3G1A asked for "Code 33" on A8 3G35 (Officer Carrasco and Officer Heppler): "Come out with your hands up. Got 07:24:20 one on the ground now. Looks to be year-old 3G35 "Shots fired, one down!" Immediate request for medics. 3G104 (Sgt. 07:24:45 Gray) asked for 2 medic units. 3G201 (Lt. Lee) advises that he is en route 07:25:40 *Time from "Code 33" to broadcast of "Shots fired" = 85 seconds SFPD 110796498 000271 Processing the Scene • A bloody knife is recovered from the planter box out front of the residence • Two knives are recovered from hallway in the • A single .40 casing and the ERIW casing recovered • Numerous business cards related to appointments are recovered SFPD 110796498 000272 -Funston Ave SFPD 110796498 000273 Entry to - Funston Ave .. SFPD 110796498 000274 Planter IFO -Funston Ave Funny, H?;ff r? SFPD 110796498 000275 Stairway leading into residence SFPD 110796498 000276 CSI Layout Sketch 1144Deur iipb itiluoggr OM% lo/o3/11 PWARED % 1-42cutie• $'-‘11 Sr-PD tA1 110 '7% 49'2 101) V16‘,/ Of FuNsiorg COPY gebrx., gemDm 13.a7Tro Cto5ET ---> I Nat 11) 21 (777 EAST BmiltroO,T4 Otevatc.1 I V4/514141 LES,5,11) eaSer I I kilF,‘ • 1:1-rtH >c, LNar peritrzt;').: 2locsr Eoliflawr- IMAM BA6 (Cava) 3 pisgs Cuelw) 0 00 00 L145E,v 669,41- 2 • Cs' led. 4 CAenz 065 CA SC d 9" PM* 510AW 11w SPO 3Mcc- a.arti/N(.1 01 CO la CO NINIE6 6' 5' 0 Leo' St107.511e 1.1.13VU'6T. dci191 1 Irirniti gLOOD POOL 5oF4 El "Warr VLOOK Bebevom -6rApis STACKEn eafts C.011114(.1 1K ,X SFPD 110796498 •51mwto..v. ittomp•- — Y 600,MINATE UVIOGg00e1 k1#5 I QOO'I 000277 . Hallway towards back of residence SFPD 110796498 000278 Hallway towards front of residence SFPD 110796498 000279 Location of discharge SFPD 110796498 000280 SFPD 110796498 000281 SFPD 110796498 000282 Forensic Analysis • ME ruled died by homicide as a result of more than 30 stab wounds to head, neck, upper torso, and upper extremities. also suffered blunt force injuries and trauma. • ME ruled died by homicide as a result of 2 gunshot wounds to the torso and 5 stab wounds to the torso. also had multiple incised wounds to the left hand and arm. • ME report states has an extensive was as assaultive and family feared him, especially knives. SFGH records stated that had was access to household . SFPD 110796498 000283 Witness Statements • Officer !son: Heard Officer Heppler screaming "Police show me your hands. Put the knife down." Saw advancing on Officer Heppler with a knife raised in his left hand. Fired 1 ERIW round at left chest to no effect. Believed Officer Heppler fired at the same time. • Officer Hernandez: Heard yelling in the hallway "drop the knife". Saw Officer !son move to the room doorway and Officer Heppler backing in the hallway. Saw a subject rushing towards Officer Heppler and saw Officer Heppler fire his weapon. SFPD 110796498 000284 Witness Statements • Officer Carrasco: Heard Officer Heppler yelling "Drop the knife." He looked up and saw advancing on Officer Heppler with both fists raised at shoulder level. He let go of and attempted to draw his pistol as Officer Heppler backed up. • Officer Filamor: Saw enter the hall with a "crazed, blank look" and at least 1 knife raised in hands. quickly advanced on Officer Heppler. He was in fear for his own safety and would have fired but Officer Heppler was in front of him. vase POLICE th uI SFPD 110796498 000285 Statements by Officer Heppler • On entering: I remember seeing a lot of blood, and a lot...seeing blood on the railing. And I just thought to myself like, this is, this isn't good. • On seeing in the hallway: You know, this isn't good because not moving and bleeding, and I didn't hear make any noises or sounds. And he, I distinctly remember him saying, "I'm going to holser my weapon." And at first I thought, because he's going to go down the hallway for some reason, I almost grabbed him and said, no. But he said "I'm going to holster my weapon and I'm going to drag to safety. Cover me." And that's what I did. SFPD 110796498 000286 Statements by Officer Heppler • On seeing ...I would have to say within five to seven (feet) at the most. Well, I think at first I was startled someone came out, and then I immediately saw something in hand, and I, I identified it as a knife. I, I remember my eyes catching it saying, uh, Christ. got the knife; got a knife in hand. • is advancing with knife raised while Officer Heppler retreats: It's hard to explain but had dead eyes, if that makes any sense at all. Like something wasn't registering. Like when...it just... just looked....it looked vacant in eyes when especially when first came out. POLICE ,011 SFPD 110796498 000287 Statements by Officer Heppler • On why he fired: Number one: Not to sound selfish, but I was in fear for my own life and my safety and my life, uh, that I th...you know, it's kind of weird to say but I thought that you know, I might get seriously hurt or injured if I don't; or maybe killed. Uh, no, don't...like almost don't, don't, don't come at me, you know? Don't make me do that. SFPD 110796498 000288 Statements by Officer Heppler • To Homicide Detail on why he fired: Officer Heppler felt there was an imminent threat to his safety, and the safety of the others at the scene, and to his life. Officer Heppler thought the suspect might stab him, or because Officer Heppler was backing up, the might go for Officer Carrasco who had holstered his weapon. SFPD 110796498 000289 Criminal Investigation Conclusions • Office of the District Attorney: The facts in the present case indicate Officer Heppler fired his weapon at from a distance of about 5 to 7 feet as ignored Officer Heppler's commands to "Drop the knife" and continued to move directly towards Officer Heppler with two knives held outward. Officer Heppler was aware at the time that Officer Carrasco was approximately two feet to his left, trying to move down the stairs. He also knew that said with a knife, and he had reason to believe that attacked was responsible for grave injuries. It was reasonable for Officer Heppler to fire at to protect himself the other officers and It is our conclusion that Officer Heppler acted lawfully. SFPD 110796498 000290 General Order 5.01, Use of Force From Section I. Policy E. REASONABLE FORCE 1. Officers must frequently employ the use of force to effect arrests and ensure public safety. It is not intended that any suspect should ever be allowed to be the first to exercise force, thus gaining an advantage in a physical confrontation. Nothing in this order should be interpreted to mean that an officer is required to engage in prolonged hand-to-hand combat with all its risks before resorting to the use of force that will more quickly, humanely and safely bring an arrestee under physical control. 2. Penal Code Section 835a provides that, "Any peace officer who has reasonable cause to believe that a person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance." SFPD 110796498 000291 General Order 5.01, Use of Force From Section I. Policy F. CIRCUMSTANCES JUSTIFYING THE USE OF FORCE 1. 2. Officers may use force in the performance of their duties in the following circumstances: a. To prevent the commission of a public offense. b. To prevent a person from injuring him/herself. c. To effect the lawful arrest/detention or persons resisting or attempting to evade that arrest/detention. d. In self-defense or defense of another person. Before using force the officer should consider these questions: a. What actions on the part of the suspect justify the use of force? b. What crime is being or has been committed? c. Does the situation require the immediate use of force? SFPD 110796498 000292 General Order 5.02, Use of Firearms Subsection I.C.1 From Section I. Policy C. DISCHARGE OF FIREARMS 1. PERMISSIBLE CIRCUMSTANCES. Except as limited by Sections C.4 and C.5., an officer may discharge a firearm in any of the following circumstances: a. In self-defense when the officer has reasonable cause to believe that he or she is in imminent danger of death or serious bodily injury. b. In defense of another person when the officer has reasonable cause to believe that the person is in imminent danger of death or serious bodily injury. However, an officer may not discharge a firearm at a person who presents a danger only to him or herself, and there is no reasonable cause to believe that the person poses an imminent danger of death or serious bodily injury to the officer or any other person. C. To apprehend a person (next slide) d. To kill a dangerous animal. To kill an animal that is so badly injured that humanity requires its removal from further suffering where other alternatives are impractical and the owner, if present, gives permission. To signal for help for an urgent purpose when no other reasonable means can be used. SFPD 110796498 000293 General Order 5.02, Use of Firearms Subsection I.C.1.c c. To apprehend a person when both of the following circumstances exist: 1) The officer has reasonable cause to believe that the person has committed or has attempted to commit a violent felony involving the use or threatened use of deadly force; AND 2) The officer has reasonable cause to believe that a substantial risk exists that the person will cause death or serious bodily injury to officers or others if the person's apprehension is delayed. SFPD 110796498 000294 General Order 5.02, Use of Firearms Subsections I.C.2 and I.C.3 From Section I. Policy C. SFPD 110796498 DISCHARGE OF FIREARMS 2. VERBAL WARNING. If feasible, and if doing so would not increase the danger to the officer or others, an officer shall give a verbal warning to submit to the authority of the officer before discharging a firearm. 3. REASONABLE CARE. To the extent practical, an officer shall take reasonable care when discharging his or her firearm so as not to jeopardize the safety of innocent members of the public. 000295 Administrative Investigative Findings: Based on a preponderance of evidence: Officer William Heppler #1726 fired his weapon on October 3, 2011, in defense of himself, Officer Carrasco, and others in the residence of Funston Ave. Officer Heppler's use of his firearm was in accordance with specifications set forth in DGO 5.01.I.F.1.c and d and in DGO 5.02.I.C.1.a, b, and c. SFPD 110796498 000296 Administrative Investigation Recommendations It is the recommendation of the Internal Affairs Division that: • Officer William Heppler's use of his firearm on October 3, 2011, be found In Policy/Proper Conduct. SFPD 110796498 000297 Questions? SFPD 1 10796498 000298 POLICE COMMISSION PRESENTATION PRELIMINARY INVESTIGATION OFFICER INVOLVED SHOOTING 11-006 RETURN TO DUTY OCTOBER 12TH, 2011 SFPD 110796498 000299 INCIDENT OVERVIEW • Date: Monday October 3rd, 2011 • Time: 07:18 hours • Location: Funston Avenue Richmond district units responded to an “A” priority stabbing call. Officers met with victim who was seriously injured by Officers made entry and were confronted by the suspect armed with two knives. ERIW and firearm used during incident. Suspect and elderly victim, who had been stabbed, died. SFPD 110796498 000300 Of?cers Involved log/V 7/41 Officer 1 • • • • Name: Officer William Heppler # 1726 Age: DOE: Assignment: Co. G (3G35) plain clothes unit SFPD 110796498 000302 Officer 2 • • • • Name: Officer Troy Carrasco #1599 Age: DOE: Assignment: Co. G (3G35) plain clothes unit SFPD 110796498 000303 Officer 3 • • • • Name: Officer Kevin Ison #176 Age: DOE: Assignment: Co. G (3G28) SRO SFPD 110796498 000304 Officer 4 • • • • Name: Officer Jason Hernandez #1608 Age: DOE: Assignment: Co. G Uniform Patrol (3G1A) SFPD 110796498 000305 Officer 5 • • • • Name: Sergeant Lawrence Gray #1304 Age: DOE: Assignment: Co. G Uniform Patrol (3G104) SFPD 110796498 000306 Officer 6 • • • • Name: Officer Joseph Filamor # 213 Age: DOE: Assignment: Co. G Uniform Patrol (3G4A) SFPD 110796498 000307 Officer 7 • • • • Name: Officer Robert Wong # 2005 Age: DOE: Assignment: Co. G Uniform Patrol (3G3A) SFPD 110796498 000308 Over head view .Funston Avenue - . . I. l? ?1 itima-Z- mihu'r: {Sh-x. II 5' r' Funston Avenue Officer Wong is first on scene and saw the suspect’s in front of house bleeding from hands. SFPD 110796498 000310 SFFD Case: 110 7'96 493 Officer Officer Officer Officer Officer CLOSET 1 = Heppler 2 = Carrasco 3 = Ison 4 = Hernandez 5 = Gray WEST BATHROOM CLOSET Officer 6 = Filamor EAST BATHROOM LIVING ROOM V VV KITCHEN BEDROOM SFPD 110796498 000314 Officer Officer Officer Officer Officer 5 2 LIVING ROOM 6 1 3 4 CLOSET V 1 = Heppler 2 = Carrasco 3 = Ison 4 = Hernandez 5 = Gray WEST BATHROOM CLOSET Officer 6 = Filamor EAST BATHROOM S VV KITCHEN BEDROOM SFPD 110796498 000316 Officer Officer Officer Officer Officer 5 2 LIVING ROOM 6 1 3 4 CLOSET V 1 = Heppler 2 = Carrasco 3 = Ison 4 = Hernandez 5 = Gray WEST BATHROOM CLOSET Officer 6 = Filamor EAST BATHROOM S VV KITCHEN BEDROOM SFPD 110796498 000317 SFPD Case: 110 796 493 SFPD Case: 110 796 498 -N mean?mmd-MN?F?F Victims • Age: Injuries: Fatal stab wounds • Age: Injures: Stab wound Right Han SFPD 110796498 000321 DEM Timeline • 07:19:12 • • • • • • • 07:20:40 07:21:00 07:21:20 07:21:40 07:22:00 07:22:20 07:22:40 • • 07:23:20 07:24:20* • 07:24:45* • 07:25:40 DEM broadcast of “A” priority 219 (stabbing) at Funston. “ is bleeding from the hand. Suspect is the .” Numerous Richmond units begin response. Dispatch further advises, “ barrier. The still inside the house.” Dispatch further: wearing pajamas; steak knife was used. Dispatch further: has the knife and is outside. 3G3A (Officer Wong) is on scene with medics 3G3A advises Code 4; he is on scene with medics 3G1A (Officer Hernandez) is on scene 3G3A advises that is inside and may have another knife and he is going to make entry 3G1A advises that they are going to standby until E.R.I.W. is on scene. 3G28 (Officer Ison) advises that he is on scene with E.R.I.W. 3G1A asked for “Code 33” on A8 3G35 “Come out with your hands up. Got one on the ground now. Looks to be year-old ” 3G35 “Shots fired, one down!” Immediate request for medics. 3G104 (Sgt. Gray) asked for 2 medic units. 3G201 (Lt. Lee) advises that he is en route *Time = 25 seconds SFPD 110796498 000323 The following statute and Department policy will be considered in the evaluation of this investigation. Penal Code Section 835a. General Order 5.01 (Use of Force) General Order 5.02 (Use of Firearms) Department Bulletin 11-113 (Response to Mental Health Call with Armed Suspects) SFPD 110796498 000324 • All involved Department members attended a mandatory Behavioral Science Unit debriefing. • Officer Heppler went to the Range and did a post Officer Involved Shooting debriefing. • Officer Heppler went to the Academy and did a post Officer Involved Shooting Force Options debriefing. SFPD 110796498 000325 Background Information Monday October 3, 2011, 07:18 Hours SFPD Case # 110 796 498 Funston Ave. Officer William Heppler # 1726 Officer Troy Carrasco # 1599 Officer Kevin Ison # 176 Officer Joseph Filamor # 213 Officer Jason Hernandez # 1608 Sergeant Lawrence Gray # 1304 SFPD 110796498 000328 Officer William Heppler #1726  Date of Hire:  Assigned to Richmond:  Unit: 3G35, Plain Clothes  Shift  Experience: 5 years  Discharged two .40 cal rounds SFPD 110796498 000329 Officer Troy Carrasco #1599  Date of Hire:  Assigned to Richmond:  Unit: 3G35, Plain Clothes  Shift:  Experience: 16 years SFPD 110796498 000330 Officer Kevin Ison #176  Date of Hire:  Assigned to Richmond:  Unit: 3G28, Class B Uniform  Shift  Experience: 4 years  Discharged one ERIW round SFPD 110796498 000331 Officer Joseph Filamor #213  Date of Hire:  Assigned to Richmond:  Unit: 3G4A, Class B Uniform  Shift  Experience: 13 years SFPD 110796498 000332 Officer Jason Hernandez #1608  Date of Hire:  Assigned to Richmond: 5/12/01  Unit: 3G1A, Class B Uniform  Shift  Experience: SFPD 12 years    SFPD 110796498 PD 3 years SO 1 year PD 2 years 000333 Sgt. Lawrence Gray #1304  Date of Hire:  Assigned to Richmond: 10/23/10  Unit: 3G104, Class B Uniform  Shift  Experience: 34 years SFPD 110796498 000334 IMAGE RECORD FOR: SFPD 110796 000335 Incident Summary  October 3, 2011 at 07:19 hours, Richmond Station officers responded to a stabbing call at            Funston Avenue, a two unit flat. was in front bleeding from a stab wound to hand. advised officers that the suspect, , was still inside of the residence. Sgt. Gray, Officers Wong, Heppler, Carrasco, Ison, Hernandez and Filamor formulated a plan to arrest and check on the safety of other residents. Ofc. Wong remained outside as the other officers entered. Officer Kevin Ison had an Extended Range Impact Weapon (ERIW). Officers began clearing the rooms, from the front of the unit to the rear. Officer Ison and Hernandez were in the middle bedroom when Ofc.’s Carrasco and Heppler encountered lying on the floor in the hallway. was bleeding profusely from stab wounds and was unresponsive. Officer Carrasco began to pull to safety as Heppler covered him. Carrasco pulled to the stairway landing where he joined Sgt. Gray. emerged from a room in the hallway holding a knife in each hand and confronted the officers. SFPD 110796498 000336 _ SIPD San Francisco Police J ep,artment Cri e Laboratory Examination Request CASE NUMBER (DEPARTMENT) NAME OF STATION OR UNIT REQUESTING (NOT CALL SIGN) DATE OF REQUEST 110796498 HOMICIDE 10/4/2011 LABORATORY NUMBER SUSPECT ' DATE OF OCCURRENCE , 10/3/2011 COMETAINANT / VICTIM CHARGE S. CASE i OTHER NUMBER . 0.I. AND EXAMINATIONREfliYr, k id II itktir W./MI 1 Priority Classification: Routine PLEASE NOTE , : ?•• .1. 1. SUBMIT A SEPARATE LABORATORY EXAMINATION REQUEST FOR (SFPD 64) FOR EACH SFPD INCIDENT NUMBER. 2. WHEN COMPARISON OF ITEMS IN MULITPLE INCIDENT IS REQUIRED, SUBMIT AN SFPD 64 FOR EACH INCIDENT NUMBER. 3. ATTACH A COPY OF THE INITIAL NARRATIVE POLICE REPORT, QPRL EVIDENCE SHEET AND AVAILABLE CSI DOCUMENTATION. LI f1101, I GY/DNA II BIOLOGICAL SCREENING: EXAMINE FOR THE PRESENCE OF II BLOOD • SEMEN MI SALIVA IN OTHER (Circle all that apply) • DNA COMPARISON: I TYPE EVIDENCE SAMPLES IN BAG NUMBER AT PCD • COMPARE WITH SUSPECT REFERENCE SAMPLE(S) IN BAG NUMBER • I COMPARE WITH VICTIM REFERENCE SAMPLE(S) IN BAG NUMBER AT PCD • AT PCD • DOES SUSPECT REFERENCE QUALIFY FOR ENTRY INTO CODIS (Bureau Order 06-003 / PC 295-297); BAG NUMBER AT PCD NATURE OF REQUEST (INCLUDE RELATED INCIDENT NUMBERS) 151 FIREARMS I TOOL A KS a BY NIBIN / OPEN CASE FILE FIREARM(S) (QUANTITY) i 0 FIRED BULLET(S)! CASING(S) IN COMPARISON WITH OTHER SFPD INCIDENTS): (See #2 above) • • OTHER (i.e. SERIAL NUMBER RESTORATION! DISTANC DETERMINATION! TOOLMARK COMPARISON) NATURE OF REQUEST (INCLUDE RELATED INCIDENT NUMBERS) PLEASE COMPARE RECOVERED CASING AND PROJECTILE WITH THE FIREARM SEIZED FROM OFFICER HEPPLER *1776. ALSO EXAMINE FIREARM SEIZED FROM OFFICER HEPPLER TO SEE IF IT IS COMPLIANCE WITH DEPARTMENT REGULATIONS. • OTHER REQUEST •• LI GUNSHOT RESIDUE (Check category and provide description of request below) , Li QUESTIONED DOCUMENTS ri FOOTWEAR IMPRESSION NATURE OF REQUEST (INCLUDE RELATED INCIDENT NUMBERS) , • ' _ DOUBLE SIDED FORM SFPD 110796498 (OVER) SFPD 64 rev 07/06 000337 AD ITIONAL NARRATIVE / EXPLANATION OF REQUEST • F' DOUBLE — SIDED FORM SFPD 110796498 raysic sEINMCES Coy UETZ SFPD 6'4 rev 07/06 000338 P HOMICIDE REQUIRED INFORMATION ADA ASSIGNED TO CASE DORFMAN CONTACT NUMBER ADA NOT YET ASSIGNED TO CASE APPROVED BY / CONTACT NUMBE Eg OFFICER INVOLVED SHOOTING 0 IN CUSTODY DEATH 0 NONE OF THE ABOVE REQUESTED BY! CONTACT NUMBER E] 0 RICHARD J. MARTIN #553-9183 INSP/SGT DOUBLE - SIDED FORM SFPD 110796498 Lieutenant Hectdi ainez #1667 Detail RANK! snelomicide 1ANK / STAR #213 (OVER) SFPD 64 rev 07/06 000339 San Francisco Police Department Forensic Services Division - Criminalistics Laboratory Tel: / Fax: 4 Report of Laboratory Examination Case Number Laboratory Numb( Incident Date Requested By Detail / Agency Complainant / Vict Suspect Report Date Certified Copy in #2153 ma Initials 10(3110 Date. The following evidence was received in the Criminalistics Laboratory on October 20, 2011. DESCRIPTION OF EVIDENCE One fired copper-jacketed bullet Bag 6 Ex. 6-8 Ex. 6-9 One apparent lead fragment Bag 7 Ex. 7-4 One fired 40 Smith and Wesson caliber Winchester cartridge case Bag 11 Ex. 11-1 One fired 12 gauge CTS shotshell Bag 13 Ex. 13-1 One 40 Smith and Wesson caliber SigSauer Model P229 semiautomatic pistol, serial number One magazine Eleven 40 Smith and Wesson caliber Winchester cartridges Bag 14 Ex. 14-1 One 12 gauge Remington Model 870 Wingmaster Magnum pump action shotgun, serial number Eight unfired 12 gauge CTS' shotshells PURPOSE OF EXAMINATION Standard firearms examination RESULTS OF EXAMINATION Bag 6 Ex. 6-8 The bullet was fired from the submitted Exhibit 13-1 SigSauer pistol. The exhibit was determined to be of 40 caliber displaying rifling characteristics of six lands and grooves, right twist. Ex. 6-9 The fragment does not display individual or class characteristics and was not examined further. Bag 7 Ex. 7-4 The cartridge case was fired in the submitted Exhibit 13-1 SigSauer pistol. Bag 11 Ex. 11-1 The shotshell was fired in the submitted Exhibit 14-1 Remington shotgun. Bag 13 Ex. 13-1 The pistol was examined and found to be functional using the submitted magazine. The trigger pulls were determined to be within manufacturer's specifications. The cartridges were not examined further. Page 1 0f2 SFPD 110796498 my," 000340 1 TYPE OF CASE Murder, W / Knife SAN FRANCISCO POLICE DEPARTMENT CHRONOLOGICAL OF INVESTIGATION CASE NO. - O.I.S. Page 1 of 14 VICTIM 110796498 DATE DETAIL INSPECTOR ASSIGNED Tuesday, October 04, 2011 Homicide Sgt. Warnke #1397 Sgt. Braconi #2246 Insp. Cunningham #650 DATE TIME ACTIVITY 10/04/11 0745 Lt. Sainez #1667, the O.I.C. of the Homicide Detail, called and advised me that an officer involved shooting — O.I.S.- had just occurred on the 600 block of Funston Avenue. I advised him that I would obtain a copy of the CAD printout and head to the scene. 0816 Copy of the CAD was obtained - #112760548 — and reviewed. I arrived on-scene and advised dispatch. It was overcast, but dry. I met with Lt. Sainez and Captain Murphy #2158, the O.I.C. of Major Crimes. Captain Murphy briefed us about the incident. 3 victims were at SFGH. 2 victims had suffered stab wounds and the other gunshot wounds. An officer had shot the suspect that stabbed the victims. 0835 I observed a large blood trail on the sidewalk going in both directions from the residence at Funston Avenue. The following people were present at the scene: Chief Suhr D.C. Cashman Commander Biel Commander Tonnioka Lieutenant Yick Inspector Cunningham interviewed neighbors. REFER TO INSPECTOR CUNNINGHAM'S NOTES. 1540 Inspector Braconi interviewed neighbors. REFER TO INSPECTOR BRACONI'S NOTES. A recorded interview with Sgt. Gray #1608 was conducted at the Homicide Detail with me and the following people: • Sgt Braconi #2246 — Homicide Detail • DA Investigator Posada • ADA Michael Sullivan • Christopher Shea — Attorney for Sgt. Gray I clarified with Sgt. Gray that it was a voluntary statement. Sgt. Gray provided the following information: SFPD 110796498 000341 DATE SAN FRANCISCO POLICE DEPARTMENT CHRONOLOGICAL REPORT OF INVESTIGATION TIME ACTIVITY Page 2 of 14 • • • • His date of entry into the Department was August . His current assignment is at Richmond Station. He has been at Richmond for about a year. Prior to Richmond he worked at Mission Station for about 15 years, Central for 8, Southeast — Bayview — Potrero for about 6, a year in recruitment, 6 months at the airport, 4 weeks at Taraval. • His shift today was • He was in uniform and his call-sign was 3G104 and he rode alone. • He wore his gunbelt. He always has his baton. In regards to the incident he said the following: • • • • • • • • • • • • • • • • • • • • • • • • • There was a call of a stabbing, . He rolled in that direction with most of the daywatch. He was probably the 4th unit there. He saw the blood. Officer Wong was interviewing the victim. They determined that the suspect was still inside. They held back until the E.R.I.W. arrived. When Officer lson arrived they made entry to look for the suspects and any other victims. He was about the 5t11 officer going up. Officers went to the right, which was the living room, to clear it. That room was cleared and the officers went to the next room, whis is directly at the top of the stairs. Officer Carrasco said that he saw a body down. He, Sgt. Gray, looked and saw the body completely motionless. Officer Carrasco grabbed the body and dragged it down the hallway, past him, and down the stairs. He heard a lot of yelling, "stop stop." He saw a figure, saw Officer Heppler backpedaling, and saw Officer Heppler discharge his firearm. Announcements of, "police, police' were made as they went up the stairs. He knows for a fact that the mic was keyed and that the announcement was made over the air. He immediately called for 408's (ambulances). He couldn't see the victim. Troy had taken out. The suspect was bleeding and there was not a lot of blood. He had 2 knives and they were on the ground next to body. He found out later that the E.R.I.W. had been deployed, but he didn't hear it. He did hear rapid gunfire. He heard 3 rounds. SFPD 298 (10/76)* SFPD 110796498 000342 DATE SAN FRANCISCO POLICE DEPARTMENT CHRONOLOGICAL REPORT OF 'INVESTIGATION ACTIVITY TIME Page 3 of 14 • He saw the wadding and casing from the E.R.I.W. after Officer Ison told him that he'd discharged it. • He said that there was a great deal of blood at the front door. • There was a trail of blood on the sidewalk. • There was blood on the wall and banister. • He did not see Officer Heppler shoot. • He was on the top landing facing the bedroom. • His weapon was not drawn. • The suspect came right by him. • The suspect did not say anything. • He saw the knife when the suspect fell to the ground. • The suspect was 4 feet from Officer Heppler. • They were concerned because it was situation and there may have been more victims. • He did not yell out any commands, but they were being given. Sgt. Braconi asked Sgt. Gray about clarification regarding the position of the victim in the house. Sgt. Gray said that was facedown with feet facing west. • Sgt. Gray didn't know which direction Officer Ison had the E.R.I.W. pointing. • Officer Carrasco's star was visible on the outside of his clothing. He was unsure about Officer Heppler. • He didn't remember Officer Wong coming upstairs. 1603 ** Refer to recorded interview. A recorded interview with Officer Carrasco #1599 was conducted at the Homicide Detail. In addition to me the following people were present: • Sgt Braconi #2246 — Homicide Detail • DA Investigator Posada • ADA Michael Sullivan • Christopher Shea — Attorney for Officer Carrasco I clarified with Officer Carrasco that he was giving a voluntary statement. Officer Carrasco said that it was a voluntary statement. Officer Carrasco provided the following information: • • • • Date of entry was November of . His current assignment is at Richmond in plain clothes. He had been at Richmond, since 1998. He worked at Taraval Station on probation. SFPD 298 (10/76) * SFPD 110796498 000343 SAN FRANCISCO POLICE DEPARTMENT CHRONOLOGICAL REPORT OF INVESTIGATION ACTIVITY DATE TIME Page 4 of 14 • He trained at Southern Station. • Today his shift was • He was in plain clothes. Officer Carrasco was wearing a blue shirt, he had his SFPD star around his neck. • He was working with Will Heppler today. • They have worked together for the last 3 weeks. • They also worked together last year. • He had his department issued equipment with him. In regards to the incident Officer Carrasco told us the following: • • • • • • • • • • • • • • • • • • • • • • • There was a call for service — a had been stabbed in the hand The suspect had been identified as . They responded from 2 miles away in an unmarked As they were responding he heard an on-scene officer advise that the victim was being treated by medics. He ran up to the scene because the suspect was still inside. When he arrived at the door Officer lson, who was in full uniform, had an E.R.I.W. There was blood all over the sidewalk, foyer marble entrance, and stairwell — all the way up. They made entry and went up the stairs. All of them gave commands that they were the police and to come out with their hands up. As he went up the stairs he saw more and more blood. When he reached the top of the steps there was blood all over the railing and carpet. The hallway to the left was darker than the area to the right. He turned to the hallway and turned flipped the light switch. The lights didn't work. He saw a laying face down wearing pajamas. The was gurgling and not moving. The uniformed officers went to the right to clear the room. He and Will, (Heppler), repeated commands down the hallway. Will was behind him to his right. As they were yelling he told Will that he had to get the out of there. He wasn't sure what he said, but he holstered up knowing that Will was covering him down the hallway. He went into hallway about 3 to 4 feet. The feet were facing him. SFPD 298 (10/76)* SFPD 110796498 000344 SAN FRANCISCO POLICE DEPARTMENT CHRONOLOGICAL REPORT OF INVESTIGATION ACTIVITY DATE TIME • • • • • • • • • • • • • • • • • • • Page 5 of 14 He went down low and saw a closed door to his left. As he went down there was movement down the hallway. There were 2 doors at the end of the hallway — 1 on the right and left. A stepped out of the room on the right. They yelled commands and went in the room to the left. He, Officer Carrasco, stood up and without unholstering, repeated commands. There was no reply. The hallway was narrow. He knew that he had to get the out of the hallway so that they could go down it. He also knew that needed immediate medical attention. He went back in, grabbed ankles and started to pull After he went back out of the hallway he saw Officer Heppler suddenly go from the 'low ready' to the point and start yelling, "drop it, put your hand up." He pulled hard and got the legs out of the hallway. He then saw a figure, which he believed was an , coming out of the hallway and into the landing area. Will was standing his ground and was telling the suspect to put hands up and drop the knife. He pulled his own weapon out as Will started to step back at least 2 to 3 steps and fired. The man went down. He dragged the down the steps and outside to the medics. He left with Will and went down the street to their vehicle. He did not go back inside of the residence. I showed Officer Carrasco a photo of the hallway that included Sgt. Waaland. I wanted to clarify if the light switch in the photo was the same one that he attempted to turn on. Officer Carrasco confirmed that it was the same. I asked Officer Carrasco where he was when he saw Officer Heppler fire. He, (while looking at the same photo), said that he was on the steps. He saw Officer Heppler fire twice. He didn't remember seeing anybody but Officer Heppler. He didn't see the initial victim outside. He entered to arrest the suspect and check for others. The suspect was no more than 3 to 4 feet from Officer Heppler when he was shot. • The suspect was even less than that to him. He was on the other side of the railing. • • • • • I asked Officer Carrasco what he was thinking while it was going on. Officer Carrasco said, "Somebody's gonna get killed. Somebody's gonna get shot. I SFPD 298 (10/76) " SFPD 110796498 000345 DATE SAN FRANCISCO POLICE DEPARTMENT CHRONOLOGICAL REPORT OF INVESTIGATION ACTIVITY TIME Page 6 of 14 thought he was gonna stab either me or my partner." 1627 Refer to recorded interview for complete details. A recorded interview with Officer !son #176 was conducted at the Homicide Detail. In addition to me the following people were present for the interview. • • • • Sgt Braconi #2246 — Homicide Detail DA Investigator Posada ADA Michael Sullivan Christopher Shea — Attorney for Officer !son I clarified with Officer lson that he was giving a voluntary statement and asked if he was prepared to be interviewed. He acknowledged that he was giving a voluntary statement and that he was prepared. Officer !son provided the following information: • Date of entry was July • Current assignment was Richmond Station, and has been for about 2 1/2 to 3 years. • Probation station was Northern. • Training station was Bayview. in uniform. • His shift was • He was a single man unit. • His call sign was 3G28. • He had his department issued firearm, pepper spray, impact weapon and handcuffs. In regards to the incident Officer lson told us the following: • He was notified by dispatch that there was a possible 219, (stabbing), on Funston. • He was still at the station preparing his gear for the day. • He had grabbed an E.R.I.W - (Extended Range Impact Weapon). • He put himself on the run and responded to the scene. • Upon his arrival he saw fire and paramedics, and Officers Wong and Hernandez. • He responded with and loaded the E.R.I.W. and took it off safety. • He met up with Officer Hernandez, who had his sidearm out. • Officer Hernandez suggested that they wait until further units came. • As soon as enough units were present he took point. • He announced "Police" multiple times as they proceeded up the stairs. • Once upstairs he surveyed the residence. • He proceeded to the right, the front foyer area. SFPD 298 (10/76)* SFPD 110796498 000346 DATE SAN FRANCISCO POLICE DEPARTMENT CHRONOLOGICAL REPORT OF INVESTIGATION TIME ACTIVITY Page 7 of 14 • He cleared that room first, with Officer Hernandez as his cover. • They exited that room and entered another that was directly across from the stairway. • Before he entered that room he noticed that there was a body on the ground in the hallway face down. • He notified the others. • He went and cleared the front foyer. • He then went into a den that turned into a bedroom. • Officer Hernandez was still his cover, and Officer Filamor was covering the hallway with Officer Heppler. • As soon as he cleared the den he heard Officer Heppler screaming, "Police. Show me your hands. Put the knife down, put the knife down!" • He then saw Officer Heppler back up with his firearm pointed straight forward. • He had the E.R.I.W. at his shoulder. • He saw the suspect cross the door area that he himself was about to exit out of, at which time he fired 1 bean-bag round at him. • He believed that Officer Heppler fired at the same time. • He saw the suspect fall to the ground. • The suspect was on the ground face down. • He and Officer Filamor bounded to the kitchen. • Officer Filamor cleared the kitchen. • They then cleared the bathroom across from the kitchen. • They continued on down the hallway, at which time a bedroom door opened. • A exited the door. • He ordered to come towards him with hands up. • ran into the bedroom next to the one came out of. went into, which was locked. • They moved forward to the door that • Officer Filamor cleared the bedroom that exited from. • As soon as that room was cleared he, Officer [son, ordered the door to be opened. • The door was not opened so he kicked it in, at which time he saw the with her hands up. • He pulled out and handed off to the officers in the hallway. • The bedroom was cleared. • By that time the medics had taken both of the bodies. • He knew that the suspect was in the building. • He noticed blood splatter on the ground. • He believed that Officer Heppler had his star out as a medallion. • He believes that Officer Carrasco also had his star out. • He was approximately 5 feet away when he deployed the E.R.I.W., maybe less. • He saw a knife in the suspect's left hand. SFPD 298 (10/76) * SFPD 110796498 000347 DATE SAN FRANCISCO POLICE DEPARTMENT CHRONOLOGICAL REPORT OF INVESTIGATION ACTIVITY TIME Page 8 of 14 I asked Officer 'son to show us the position that the suspect was in. Officer [son held both of his hands up with fists clenched. He said that he saw a silver knife in his hand. (Left). I showed Officer Ison the photograph with the 2 knives and evidence marker 6. He said that he couldn't tell which knife it was. I showed Officer the photo of the hallway that included Sgt. Waaland and asked him if he could say where he was standing when he deployed the E.R.I.W. Officer [son said that it was the door to the right of the stairway. He was inside of the room facing/pointing out. Officer !son aimed chest high at the suspect, and he believes he hit the suspect on the left side of his body. Officer Ison believed that Officer Heppler fired from about where the photo I just showed him was taken from. Officer 'son believed that the he could have stopped the suspect and he had a clear shot. Officer Ison hoped to have stopped the suspect, but that the suspect would have stabbed Officer Heppler if he didn't use the E.R.I.W. Officer Ison didn't hear the suspect say anything. 1655 He didn't slow the suspect after deploying the E.R.I.W. A recorded interview with Officer Heppler was conducted at the Homicide Detail. In addition to myself the following people were present for the interview: • Sgt Braconi #226 — Homicide Detail • DA Investigator Posada • ADA Michael Sullivan • Christopher Shea — Attorney for Officer Heppler I clarified with Officer Heppler that he was giving a voluntary statement and asked if he was prepared to be interviewed. He acknowledged that he was giving a voluntary statement and that he was prepared. Heppler provided the following information: • Date of entry was June • Current assignment was Richmond Station since • Probation station was Mission SFPD 298 (10/76) " SFPD 110796498 000348 DATE SAN FRANCISCO POLICE DEPARTMENT CHRONOLOGICAL REPORT OF INVESTIGATION ACTIVITY TIME • • • • • Page 9 of 14 Training station was Northern Assigned shift today was in plain clothes Was working with Officer Troy Carrasco #1599 Call sign was 3G35 He was equipped with his department issued hand gun and had a star around his neck. I asked Officer Heppler what his involvement was in regards to the incident. Officer Heppler told us the following: • • • • • • • • • • • • • • • • • • • • • • • • • • They got a call of an elderly who had been stabbed in the hand, possibly by . They came up for the call and drove there in their unmarked car. When they arrived the fire trucks were already on-scene. Officer Hernandez and Officer Wong were already on the scene. He believed that Sgt. Gray was there as well. They arrived and at the front door, got in a line at the front door. He was behind Officer Carrasco. They both had their stars out on their outermost clothing. He believed that Jason Hernandez was first in line. Kevin [son, who had the ERIW, was second, then Carrasco, and then him, and Sgt. Gray was behind him. There was blood all over the entryway. As he went up the stairs he noticed blood on the railing of the stairs. They went up the stairs in a fashion to clear the house. He had his gun at the low ready. The other officers had their guns up. When they got to the top of the stairs they saw that there was an laying face down in the hallway. wasn't moving. Officers Ison and Hernandez went into the kitchen to clear that room. Officer Carrasco was in front looking down the hallway. He was next to Officer Carrasco with his gun at the low ready, behind him. They saw a , maybe at the end of the hallway go across into a room. They started yelling, "Come out. Police. SFPD. Come out with your hands up." There was no response. Officer Carrasco said that he was going to holster and try to render aid to the victim by pulling out of the hallway. He, (Officer Heppler) went from the low ready and went down the hallway. Officer Carrasco started pulling the victim out. SFPD 298 (10/76) * SFPD 110796498 000349 DATE SAN FRANCISCO POLICE DEPARTMENT CHRONOLOGICAL REPORT OF INVESTIGATION TIME ACTIVITY Page 10 of 14 • He, (Officer Heppler), yelled, "SFPD come out with your hands up, come out with your hands up." • Officer Carrasco pulled away. • As he was looking down the hallway because he thought that maybe was the suspect that had stabbed this ,a ,a year old came out of a room real close to him. • He just popped out with a knife in his hand. • He had a glazed look on his face, and had dead eyes. • He, (suspect),raised his hand. • Officer Heppler said, "Drop it, drop the knife, drop the knife. Police, drop the knife." • Officer Heppler started to back up, and back pedaled a little bit. • Officer Heppler back past and the suspect started charging him and he shot him. • Officer Heppler felt that there was an imminent threat to his and the other officer's safety at the scene, and his life, and he wanted to stop the threat. • He didn't know how many rounds he fired, but he shot him. • Officer Heppler was then taken out of the house. • He couldn't say for certain which hand the knife was in. I asked Officer Heppler which position the suspect had the knife in. Officer Heppler stood up and put his hand up about shoulder level. Officer Heppler then told us the following. • Officer Heppler knew Officer Carrasco was to his left pulling the out of the way. • He knew the other officers were in the kitchen area. • He thought that the suspect was the person that had stabbed the person on the floor. • He didn't know if anybody else had fired. I showed Officer Heppler the photo of the knives that were next to evidence marker 6. Officer Heppler said that the bigger knife was the knife he saw. I showed Officer Heppler a photo of the hallway facing east. He was parallel to where Sgt. Waaland was standing in the photo- which was on the landing at the top of the staircase. Officer Heppler pointed to a door on the left side of the hallway and said that the suspect came out of it. Officer Heppler believes that the suspect got to within 5 to 7 feet of him before he shot. SFPD 298 (10/76) * SFPD 110796498 000350 DATE SAN FRANCISCO POLICE DEPARTMENT CHRONOLOGICAL REPORT OF INVESTIGATION TIME ACTIVITY Page 11 of 14 Officer Heppler told us that the suspect did not say anything or make any sounds during the incident, and that the suspect had a 'dead stare' right at him. Officer Heppler believed that the suspect had blood on his shirt. I showed Officer Heppler a photo of the hallway facing west from the bathroom door area. Officer Heppler described said that the suspect fell near the evidence markers 2,3,4,5,6. 10/06/11 1000 1115 1150 10/11/11 1300 1345 1350 Sgt. Braconi advised me that he and DA Investigator Posada had interviewed (W) and last night. asked Sgt. Braconi if he could have his red Nokia cell phone back. Sgt. Braconi called and advised me that he had returned phone to him. Inspector Perez from the Photo Lab delivered me a blown up copy of the crime scene sketch. DA Investigator Posada came to the Homicide Detail and gave me a CD-R that included the interview the night before. Attended a Return to Duty Hearing for the incident. I spoke with Officer Esparza. Officer Esparza asked me if I had been informed that someone from had attempted to get a copy of the incident report from Richmond Station. Officer Esparza asked me to get him the contact information from the D.A. advocate. I spoke with Inspector Cunningham. Inspector Cunningham advised me that he SFPD 298 (10/76) * SFPD 110796498 000351 DATE SAN FRANCISCO POLICE DEPARTMENT CHRONOLOGICAL REPORT OF INVESTIGATION TIME ACTIVITY 1420 1430 10/12/11 0830 0840 0845 Page 12 of 14 had just met with Dr. Venus Azar at the Office of the Medical Examiner. Dr. Azar informed Inspector Cunningham that had 2 gunshots wounds to his chest, five stab wounds to his chest, and that one of his wrists were cut. Dr. Azar had not performed an autopsy yet. I called and spoke with the advocate from the D.A.'s office. She advised me that she has been in contact with the family, but didn't know anything about a request for the incident report. inquired about an estimate for when the body would be released. I referred her to the Office of the Medical Examiner. I called Officer Esparza and advised him that was the advocate. I spoke with Sgt. Braconi. Sgt. Braconi released the garage door opener, keys, and a couple of cell phones to Sgt. Braconi advised me that had requested a copy of the incident report. I called and spoke with Dr. Azar about . She had not performed the autopsy yet, but she described what she had seen: • 2 gunshot wounds to the chest. • Stab wounds to the chest. • Cuts on his fingers. • Superficial cuts to the left wrist, which could have been defensive. • About 10 cuts to the wrist. • The appearance of a defensive struggle. • She is going to get blood samples. Dr. Azar called and asked me if I wanted to view the body. I told her that I did. She advised that I could come down. I met with Dr. Azar in her office. Dr. Azar showed me photos that she had taken of . The photos were viewed on Dr. Azar's computer. Dr. Azar pointed out gunshot wounds, 1 just below the right nipple, and 1 in the left abdomen area. There was a bruise on the right side of neck. Dr. Azar led me to the body. She pointed out the wounds that she described earlier. 10/15/11 1000 I spoke with Lt. Sainez about the 0825 I had a voice message from DA Investigator Posada requesting copies of reports. 1045 I called and left DA Investigator Posada a voice message advising that I would attempt to obtain what I could today. I went to the C.S.I. office and obtained a copy of the C.S.I. report from the clerk. SFPD 298 (10/76) * SFPD 110796498 000352 DATE SAN FRANCISCO POLICE DEPARTMENT CHRONOLOGICAL REPORT OF INVESTIGATION ACTIVITY TIME 1050 1055 1056 1105 Page 13 of 14 I called and left a voice message for Inspector Nakanishi at the video unit requesting a copy of video footage. I called and left DA Investigator Posada a message advising him that I had obtained a copy of the C.S.I. report. I reviewed the C.S.I. report. I called and left a voice message for Dr. . Dr. voice message advised that he worked at the clinic on Tuesdays and Wednesday. My message was a request for a phone call to talk about . 1107 • A copy of Dr. contact card was part of the C.S.I. report. C.S.I. report review continued. • 10/19/11 10/20/11 1540 1000 1045 10/25/11 1030 1120 10/26/11 1435 1130 1210 1220 10/27/11 1120 1125 Officer Heppler's pistol had 11 rounds total in it — 1 in the chamber, and 10 in the magazine. I had a voice message from Dr. D voice message advises that he works at the clinic on Tuesday and Wednesdays. I called Dr. and left him a voice message advising that I would try to call him on Tuesday. DA Investigator Posada came to the Homicide Detail and made photocopies of the case file for his investigation. I took the CD-R of the photos of the scene taken by Officer Ison to DA Investigator Posada's office. DA Investigator Posada made a copy of the CD-R and I retained it. Sgt. Juarez from Internal Affairs came to the Homicide office and we spoke about the incident I advised Sgt. Juarez of the stab wounds to , and provided the f . Officer Shihadeh from the Lake Merced Range called and asked Inspector Cunninghman for a copy of the incident report. Inspector Cunningham faxed a copy of the incident report to Officer Shihadeh. Photo lab request for M.E. prints and video footage completed. Inspector Perez came to the Homicide Detail and gave me print sheets for . I went to the Photo Lab and picked up the crime scene DVD from Inspector Perez. Inspector Perez was calling the M.E.'s office to inquire about the photos. I looked at the photos regarding and watched the crime scene video that was recorded by Inspector Nakanishi. I called Dr. Happy and inquired about photos. He advised me that he uploaded 58 photos yesterday afternoon. I went to the Photo Lab and advised Inspector Perez that the photos had been uploaded. He told me that he would call when they were printed. SFPD 298 (10/76)* SFPD 110796498 000353 DATE SAN FRANCISCO POLICE DEPARTMENT CHRONOLOGICAL REPORT OF INVESTIGATION ACTIVITY TIME 1150 0850 10/31/11 0900 1050 11/01/11 1130 11/02/11 1145 1207 1143 0900 11/30/11 , 1300 12/01/11 1045 03/30/12 0855 05/16/13 08/20/13 10/03/13 0905 0910 0800 1005 Inspector Perez delivered the Page 14 of 14 M.E. photos to me. I looked at the photos. I called the M.E.'s office and left a message requesting the blood spots for the . I had a voice message from at the M.E.'s office. She advised me that she passed my request on to the toxicology section. I had a voice message from at the toxicology section of the M.E.'s office. He advised me that he needed me to call and spell my name out and provide my star number for the request, and that it should be available for pickup tomorrow. I called and left the message with the requested information. I went to the Toxicology Department at the M.E.'s Office and met with . gave me (2) blood spots — 1 for and 1 for also gave me photocopies of the evidence log and the blood spot envelopes. I booked the blood spots as evidence at the Property Control Room. I prepared a supplemental report for the blood spot evidence. I received the Crime Lab Examination Report that was prepared by Mark Proia, a Criminalist II in the Firearm and Tool Mark Unit. FEFER TO REPORT FOR DETAILS. I called and left a voice message for Dr. inquiring about what actual diagnosis was. I had a voice message from Dr. advising that diagnosis was The diagnosis was made about 20 years ago. Inspector Cunningham advised me that he had received the final C.S.I. report for the incident. Inspector Cunningham gave me the report. I reviewed the report. Sergeant Braconi advised me that had called him and asked for his computer back. Property Release Form for the laptop computer, bag #015, completed. I called and advised him about the property release. Received a copy of the M.E.'s report for from DAI Posada. The SF Office of the District Attorney prepared a letter advising that Officer Heppler was acting in self-defense and defense of others when he shot . Memo prepared and submitted for incident. Case closed. SFPD 298 (10/76) * SFPD 110796498 000354 INCIDENT REPORT STATEMENT SAN FRANCISCO POLICE DEPARTMENT INCIDENT NO. 1 1 0 page 7 9 6 4 9 -1/ of . 8 NAME (LAST, FIRST, MIDDLE) OF PERSON GIVING STATEMENT OPHIR, RON A DOB/AGE SFPD #1772 RESIDENCE ADDRESS / CITY IF NOT SAN FRANCISCO ZIP CODE RESIDENCE PHONE (DAY / NIGHT) BUSINESS PHONE (DAY/NIGHT) ( (415) 666-8000 ) BUSINESS ADDRESS / CITY IF NOT SAN FRANCISCO ZIP CODE 461 6TH AVE. (CO. G) 94118 DATE OF STATEMENT TIME STARTED TIME COMPLETED LOCATION WHERE STATEMENT TAKEN 10/04/11 1045 HRS 1200 HRS AT SCENE STATEMENT TAKEN BY (NAME / STAR) OTHER: CO. G IN PRESENCE OF OPHIR, R. 1772 While in uniform and on patrol in a marked police vehicle on Mon. 10/03/11, I responded to 6 ' Funston Ave. on an " A " priority call of a stabbing that just occurred, with the suspect still at the scene. See CAD 112760548. When I arrived at the scene, numerous police units, fire engines, and an ambulance were already at the scene. I parked my patrol vehicle on Balboa St., at Funston, near the southwest corner, and started to walk towards 6 Funston, on the east sidewalk. As I walked south on Funston, a few houses in, and prior to reaching 6 Funston, I heard what sounded like several gunshots fired in rapid succession, coming from the area of 6 Funston. I ran to 6 Funston to assist the officers already at the scene. When I arrived in front of 6 Funston, and while still standing on the sidewalk in front of the building, I saw 3G35, Off. Carrasco #1599 coming down the stairs of the flat, pulling a bleeding, unconscious victim, later identified as (V-2) out of the building and place on the sidewalk in front of the entry gate. The f victim was bleeding profusely from multiple injuries to the top of torso. Off. Carrasco yelled for a medic and ran back inside 6 Funston. I yelled for a medic and made contact with several paramedics / firefighters who were in the street in front of the building. The paramedics began to treat the victim on the sidewalk. Off. Carrasco then came down the stairs, walking with his partner, Off. Heppler #1726. Off. Carrasco escorted Off. Heppler to their parked vehicle, a truck, which was parked on Funston, near Balboa. Off. Heppler appeared to be upset, shaken, and in shock. Off. Carrasco told me that Off. Heppler had just shot the stabbing suspect inside the house. Off. Carrasco told me that a POA representative is enroute to the scene and that he was beginning to make the necessary notifications. I returned to the scene, 6 Funston, and encountered 3G1A, Off. Hernandez #1608, who was standing on the sidewalk in front of the building. Off. Hernandez asked me if I had a Crime Scene Log so it could be started. I gave Off. Hernandez a Crime Scene Log, which he started and maintained at the scene. I then went to a patrol car parked in front of the building and retrieved a roll of crime scene tape from the trunk. I taped off the immediate area in front of 6 Funston as a crime scene. I advised dispatch that I was enroute to SFGH, where several ambulances were transporting two stabbing victims, (V/R-1) , and (V-2) , and the suspect, (S-1) When I arrived at SFGH, both victims and the suspect were being treated in the emergency room, Dr. Duong attending. injuries were not life threatening and remained in the emergency I DECLARE, UNDER PENALTY OF PURJURY, THIS STATEMENT OF PAGES IS TRUENAND CORRECT, BASED ON MY PERSONAL KNOWLEDGE. SIGNATURE OF PERSON GIVING STATEMENT SFPD 377 G (06/93) " SFPD 110796498 000355 SAN FRANCISCO POLICE DEPARTMENT INCIDENT REPORT STATEMENT page 2 of room. and the suspect were taken to Surgery on the third floor. was in Surgery #9, being attended by Dr. . (S-1) was in Surgery #1, being attended by Dr. . I gave 3G201, Lt. F. Lee #1179 several updates regarding both the victim's and suspect's status and condition throughout the morning. INCIDENT NO. Both (V-2) and (S-1) were unconscious while at SFGH and neither made any verbal statements or declarations to me. I was advised by a surgery nurse supervisor that (V-2) also expired from injuries, with the time of death being 0934 hrs. (S-1) expired from injuries, with the time of death being 0941 hrs. I was told that an attendant would transport the bodies to the freezer in the basement of SFGH, awaiting the arrival of the Medical Examiner. I advised Lt. Lee and 3G120, Sgt. Long #128, who directed me to return to Co. G. I was then told to respond back to the scene at 6 Funston, to relieve Off. Hernandez, who was still at the scene maintaining the Crime Scene Log. I arrived at 1155 hrs. and relieved Off. Hernandez. I continued to maintain the Crime Scene Log while CSI was inside the flat, processing the scene for evidence. 3G43C, Off. E. Wu #18 responded to the scene at 1400 hrs. and relieved me. Off. Wu continued to maintain the crime scene log. I DECLARE, UNDER PENALTY OF PURJURY, THIS ST ON MY PERSONAL KNOWLEDGE. SIGNATURE OF PERSON GIVING STATEMENT SFPD 377 G (06/93) * SFPD 110796498 000356 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 SERGEANT SCOTT WARNKE: 1 This is Scott Warnke, 2 Sergeant, Star number 1397, San Francisco Police 3 Department. Today is Monday, October 3rd, 2011, 4 it’s approximately 1603 hours. We are in the 5 interview room in the Homicide Detail, the Hall of 6 Justice at 850 Bryant Street. Present with me is… SERGEANT BILL BRACONI: 7 8 Braconi, Star 2246, with the Homicide Detail. INV. JIM POSADA: 9 10 San Francisco DA, 7044. 11 ADA MIKE SULLIVAN: 12 13 14 15 16 17 18 Sergeant Bill Investigator Jim Posada, Mike Sullivan, Assistant DA. ATTY CHRISTOPHER SHEA: Christopher Shea, Attorney with the Police Officers Association. OFFICER TROY CARRASCO: Officer Troy Carrasco, Star 1599. SERGEANT WARNKE: How do you spell your last name? 19 OFFICER CARRASCO: C-a-r-r-a-s-c-o. 20 SERGEANT WARNKE: Okay. And so we’re clear, 21 this is a voluntary statement and you’re here with 22 counsel. Is that correct? 23 OFFICER CARRASCO: Yes. 24 SERGEANT WARNKE: Officer Carrasco, do you 1 Roomian & Associates, (415) 362-5920 SFPD 110796498 000357 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 1 remember your date of entry into the Police 2 Department? 3 OFFICER CARRASCO: 4 SERGEANT WARNKE: 5 6 7 8 9 10 11 . And your current assignment? OFFICER CARRASCO: It is Richmond plainclothes. SERGEANT WARNKE: And how long have you been at Richmond Station? OFFICER CARRASCO: beginning of I believe it was, uh, the . 12 SERGEANT WARNKE: And prior to that? 13 OFFICER CARRASCO: I was at Taraval Station, 14 15 where I served my probation and FTO at Southern. SERGEANT WARNKE: Do you have any other law 16 enforcement experience or any other relevant 17 experience? 18 OFFICER CARRASCO: None. 19 SERGEANT WARNKE: And what shift are you 20 working today? 21 OFFICER CARRASCO: . 22 SERGEANT WARNKE: Uniform or plainclothes? 23 OFFICER CARRASCO: Plainclothes. 24 SERGEANT WARNKE: Is that the shirt you were 2 Roomian & Associates, (415) 362-5920 SFPD 110796498 000358 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 1 wearing today? 2 OFFICER CARRASCO: Yes, it was. 3 SERGEANT WARNKE: Okay. So, blue and you just 4 pulled your Star out of your, your inner shirt. Was 5 that the Star you were wearing today? 6 OFFICER CARRASCO: Uh, yes. 7 SERGEANT WARNKE: Is that the same chain and 8 9 10 11 cover? OFFICER CARRASCO: Uh-huh. The card carrier also, it has my ID on it. SERGEANT WARNKE: Okay. So, you have a thick, 12 silver chain. You have a black Star holder with an 13 ID card holder in the back. Were you working with 14 anybody? 15 16 17 18 19 20 OFFICER CARRASCO: I was working with Will Heppler. SERGEANT WARNKE: How long have you worked with him? OFFICER CARRASCO: Three weeks, uh, they just go around. 21 SERGEANT WARNKE: Okay. 22 OFFICER CARRASCO: I've worked with him 23 approximately a year prior. 24 SERGEANT WARNKE: And what was your call 3 Roomian & Associates, (415) 362-5920 SFPD 110796498 000359 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 1 sign? 2 OFFICER CARRASCO: 3 George 35. 3 SERGEANT WARNKE: Now, in addition to your 4 Star and the shirt you’re wearing, what other 5 uniform did you have with you today? 6 OFFICER CARRASCO: I had my Department issued 7 vest, uh, and the equipment that is issued: My gun, 8 pepper spray, uh, handcuffs, handcuff key, whistle. 9 10 11 12 13 SERGEANT WARNKE: Did you have an impact weapon? OFFICER CARRASCO: I did not have it on my person. SERGEANT WARNKE: A little after 7:15, there 14 was an incident that occurred on the 600 block of 15 Funston. Can you tell us what your involvement was, 16 what happened? 17 OFFICER CARRASCO: Uh, there was a call for 18 service. A had been stabbed in the hand 19 and the suspect was identified as 20 responded from, uh, about two miles away in an 21 unmarked, uh, [cool] car, actually, a pickup. As we 22 were responding, if I remember correctly, I heard 23 one of the officers who stated that he was 97 or on 24 scene, and said that, uh, the scene was code 4, and . We 4 Roomian & Associates, (415) 362-5920 SFPD 110796498 000360 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 1 that the, uh, the victim was being treated by the 2 medics on scene. When we arrived, we were down at 3 the end of the block because of all the vehicles— 4 Fire and ambulance and police vehicles, got out of 5 our vehicles and ran up to the scene because the 6 information was now coming out that the suspect was 7 still inside. 8 9 When we got to the doorway, Officer Ison, was in full uniform, had the ERIW and Officer 10 Hernandez, who was in full uniform, uh, was the 11 other uniformed officer there. There was, uh, it 12 was, if you’re facing the building, it was the door 13 on the right that was open, and there was blood all 14 over, if I remember, the sidewalk, the stairwell, 15 or excuse me, the foyer marble area, and then the 16 carpeted entrance in the stairwell, all the way up. 17 I don’t know the other officers that were behind 18 us, but it was Ison, Hernandez, myself, and then 19 Officer Heppler behind me, and we made entry and 20 went up the stairs. 21 As we were going up, as we made entry and 22 going up the stairs, all of us were repeatedly 23 stating, you know, “Police, San Francisco Police. 24 Come out with your hands up. Come out with your 5 Roomian & Associates, (415) 362-5920 SFPD 110796498 000361 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 1 hands up,” and this just kept being repeated by all 2 of the officers as we went up the stairs. Going up 3 the stairs, I saw just more and more blood. As we 4 came up to the top of the steps, if you turn to the 5 right, there was blood all over the railing, and 6 you could see the blood on the carpet. 7 As we came up to the top of the stairs, it was 8 really well-illuminated at the top of the stairs 9 and to the right, but to the left, there was a 10 hallway, and that hallway was darker than, uh, 11 everything that was in front of us and to our 12 right. Uh, I turned to the hallway, and everybody’s 13 repeating the commands, and I flipped the lights. I 14 was able to locate the lights and flip the lights, 15 and they didn’t work in that hallway. As I flipped 16 them, I saw, uh, what I saw was a 17 facedown. I think 18 could hear 19 the officers in uniform went to the right as we got 20 up to the top of the landing, to clear those, uh, 21 rooms that were there. I couldn’t tell you how many 22 rooms, I don’t believe the doors were open, but 23 these commands kept being repeated. 24 laying was wearing pajamas, and I gurgling, and wasn’t moving. Uh, We kept yelling our commands down the hallway, 6 Roomian & Associates, (415) 362-5920 SFPD 110796498 000362 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 1 both Will and I, and Will was behind me on my right 2 side. As we were yelling this, I told Will, you 3 know, “I got to get this 4 don’t know if I said cover me. I don’t know, I 5 don’t remember what I said, but I reholstered, 6 knowing that Will, you know, had, was covering me 7 and had downrange of the hallway. We kept repeating 8 it as I went in the hall, and I can’t tell you, 9 three, four feet, the 10 out of here.” Uh, I feet were facing me. I went down low and there was a door to the 11 left, it was closed. I just, I remember all the 12 doors being closed. As I went down low to grab the 13 ankles, uh, there was movement at the end 14 of the hallway, and I think there were two doors at 15 the end of the hallway, on the right and left. This 16 stepped out of the room on the right and we 17 started yelling commands, and then 18 the room to 19 So, I stepped back and, and without unholstering, 20 stood there and started yelling out the commands 21 again, as well as Will doing the same thing. There 22 was no reply. 23 24 stepped in right or our left, out of our view. I…the hallway just seemed really narrow, so I knew I had to get out of there for us to go 7 Roomian & Associates, (415) 362-5920 SFPD 110796498 000363 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 1 down the hallway, and I knew that needed 2 immediate medical attention. So, I went back in, I 3 grabbed 4 I started to pull, uh, I don’t know how far I got. 5 I know I got, I got out of the hallway, but I don’t 6 know how far 7 the low ready, and then all of a sudden, he just 8 came up to on point, and started to yell, you know, 9 “Drop. Put your hands up. Drop the knife, put your ankles, and started to pull . As, as got, but Will appeared to be at 10 hands up.” I pulled as hard as I could and got down 11 maybe two or three of the steps. I actually thought 12 I was going to fall down the steps, and I got the 13 to where upper body and face were 14 still on the top steps or hallway, and the legs 15 were down. 16 Then I could see this, this figure coming out 17 appeared to be an that was up like this. 18 Uh, coming out of the hallway and then into right 19 where the landing is or the lighted area. Will was 20 standing his ground yelling the command, you know, 21 “Drop the knife. Drop the knife. Put your hands up 22 and drop the knife,” and, uh, I pulled my 23 Department issued weapon out of my holster and then 24 Will started to step back two or three steps, at 8 Roomian & Associates, (415) 362-5920 SFPD 110796498 000364 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 1 2 least, and fired. And then, uh, I went around. The was down, 3 the officers started to come to the person down. I 4 grabbed the 5 and brought 6 around, and then Will was coming out, and I walked 7 away with him, down the street to our vehicle. 8 9 and dragged down the steps outside to the medics. Turned SERGEANT WARNKE: Did you return to the residence afterwards? Did you go back inside? 10 OFFICER CARRASCO: I did not. 11 SERGEANT WARNKE: Okay. Thank you. Had you 12 13 14 15 16 ever been there before? OFFICER CARRASCO: I don’t recall ever being there. SERGEANT WARNKE: You ever see any of the people involved before? 17 OFFICER CARRASCO: I don’t recall them. 18 SERGEANT WARNKE: Okay. All right. I just 19 have a few, a few questions. You, you mentioned a 20 light switch. Was the light switch in the hallway 21 or in the landing at the top of the stairs? 22 OFFICER CARRASCO: The light switch that I 23 remember using was, you take, as you get to the 24 top, you take a left and the, I believe it was on 9 Roomian & Associates, (415) 362-5920 SFPD 110796498 000365 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 1 the right. And I click, click, click, click, and it 2 was nothing, and you could just hear 3 SERGEANT WARNKE: 4 her feet were towards you? gurgling. Okay. Okay, all right. And 5 OFFICER CARRASCO: Yes. 6 SERGEANT WARNKE: Okay. I'm going to show you 7 a photo, it’s of the hallway and there’s, Sergeant 8 [Waaland’s] in it, there’s a picture of Venice. And 9 you’re pointing to, as you just described, the 10 light switch that’s on the other side of the wall, 11 which would be the south side of the wall. That’s 12 the light switch that you tried? 13 OFFICER CARRASCO: I believe so, correct. Yes. 14 SERGEANT WARNKE: Okay. And it was at that 15 point that you saw or saw the 16 gurgling? 17 18 OFFICER CARRASCO: and heard the Uh, I don’t, you know, I can’t say for sure. 19 SERGEANT WARNKE: Okay. 20 OFFICER CARRASCO: When I actually, uh, 21 recognized lying on the floor there, but, uh… 22 SERGEANT WARNKE: Okay. 23 OFFICER CARRASCO: Yeah, sorry. 24 SERGEANT WARNKE: Where were you when you 10 Roomian & Associates, (415) 362-5920 SFPD 110796498 000366 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 1 heard the shots or when you saw him shoot actually? 2 OFFICER CARRASCO: I was literally… 3 SERGEANT WARNKE: I'm looking at the same 4 5 photo. OFFICER CARRASCO: …just a step or two down, 6 right here, and I was high enough, and he was, he 7 was right, you know. He started here and then 8 backed up, because he was covering me in the 9 hallway. 10 11 12 13 14 SERGEANT WARNKE: So, where was Officer Heppler initially? OFFICER CARRASCO: Uh, right behind me, up here, on my right side, because I, when I dragged came tight to the wall, and if I remember 15 correctly, Sergeant Gray was standing right, just 16 pressed up in the corner to my left, at, at the, 17 right here on the landing. 18 SERGEANT WARNKE: 19 20 Okay. Okay. So, and you see Officer Heppler backpedaling? OFFICER CARRASCO: He didn’t initially 21 backpedal, he, he was standing his ground and then 22 he’s stepping back while he’s at the high ready, on 23 point on this 24 walking fast towards him. and the walking, or 11 Roomian & Associates, (415) 362-5920 SFPD 110796498 000367 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 1 SERGEANT WARNKE: Okay. 2 OFFICER CARRASCO: He, he took some big steps 3 backwards when he decided to give up ground. SERGEANT WARNKE: 4 Okay. Now, when you first 5 described the person walking towards him in the 6 hallway, you had both of your hands up, about, just 7 about at the top, you know, about, a little bit 8 above shoulder level. OFFICER CARRASCO: 9 Yeah. I know for sure the 10 one on the right was like this, and it looked like 11 the left side was up, you know, almost as high, but 12 not as high. 13 SERGEANT WARNKE: And had it in hands? 14 OFFICER CARRASCO: I, you know what, I never 15 saw anything in 16 anything other than Officer Heppler alerting that 17 this 18 19 hands. I just didn’t recognize was coming. SERGEANT WARNKE: But you heard Officer Heppler giving commands? 20 OFFICER CARRASCO: Yes. 21 SERGEANT WARNKE: And what was he saying? 22 OFFICER CARRASCO: Drop the knife, drop the 23 24 knife, and I started yelling the same thing. SERGEANT WARNKE: Did you actually see 12 Roomian & Associates, (415) 362-5920 SFPD 110796498 000368 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 1 Officer Heppler discharge his firearm? 2 OFFICER CARRASCO: Yes. 3 SERGEANT WARNKE: Okay. Do you know how many 4 times? 5 OFFICER CARRASCO: Uh, twice. 6 SERGEANT WARNKE: Did the suspect say, or did 7 8 the person say anything ever? OFFICER CARRASCO: I didn’t hear anything 9 audibly, it was just more of a groan or a grunt or 10 a (growls), you know, a gurgle. It wasn’t anything 11 audible that I could make out. 12 SERGEANT WARNKE: Do you recall where the 13 other, you told us where Sergeant Gray was. What 14 about Officer Ison? 15 OFFICER CARRASCO: I have no… From behind 16 Officer Heppler, west, I don’t remember seeing 17 anything at all or any of the officers. When I 18 backed out and this happened, it was Officer 19 Heppler and everything forward. 20 21 22 SERGEANT WARNKE: Okay. And you went in the residence because, the reason for entering? OFFICER CARRASCO: Well, the reason for 23 entering is that we were told that there was 24 somebody who was armed and inside the residence, 13 Roomian & Associates, (415) 362-5920 SFPD 110796498 000369 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 1 and looking at all that blood, it was, uh, for the 2 immediacy of locating this person, and you know, 3 protecting anybody else inside the residence. 4 SERGEANT WARNKE: Did you ever see the person 5 outside who…did you see anybody else outside when 6 you first arrived? 7 OFFICER CARRASCO: I never even saw the 8 victim, other than all Fire and medics to one side. 9 I went straight towards the officers in the front 10 11 12 13 14 15 16 17 18 19 door. SERGEANT WARNKE: that the suspect was still inside? OFFICER CARRASCO: SERGEANT WARNKE: Seeing all this blood, uh, you went inside for the suspect and to make sure. OFFICER CARRASCO: Anybody else inside was safe. SERGEANT WARNKE: you think the, call 21 Officer Heppler shot 22 Officer Heppler? 24 Was still inside the residence. 20 23 So, the information evolved OFFICER CARRASCO: Okay. And how far away do the suspect, was before How close was to No more than three or four feet. 14 Roomian & Associates, (415) 362-5920 SFPD 110796498 000370 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 1 2 And how close was to OFFICER CARRASCO: Uh, less than that, right you? 3 4 SERGEANT WARNKE: on the other side of the railing. 5 SERGEANT WARNKE: Was your weapon out? 6 OFFICER CARRASCO: Uh, I was getting it out. 7 SERGEANT WARNKE: Okay. 8 OFFICER CARRASCO: Because I had to let go of SERGEANT WARNKE: Okay. What was your, what 9 10 the 11 were you thinking when this was going on, Officer 12 Carrasco? 13 OFFICER CARRASCO: Somebody’s going to get 14 killed, somebody’s going to get shot. I thought 15 was going to stab either me or my partner. 16 SERGEANT WARNKE: Okay. Sergeant Braconi? 17 SERGEANT BRACONI: I got no questions. 18 DAI POSADA: I've just got a couple. 19 OFFICER CARRASCO: Sure. 20 DAI POSADA: Uh, Officer Carrasco, so on 21 that landing, there were other uniformed patrol 22 officers that had made it. You just don’t recall 23 where they were on that hall, in that hallway? I'm 24 going to call it a hallway. 15 Roomian & Associates, (415) 362-5920 SFPD 110796498 000371 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 OFFICER CARRASCO: 1 Well, they, the two 2 officers that were on point with the shotgun and 3 the handgun, came up and went, turned right, they 4 curled right. We had this hallway. When I went in, 5 I believe, whoever was behind me, then went right. 6 I have no idea if there was still somebody behind 7 me. 8 9 DAI POSADA: Okay. But at least two uniformed officers made it onto that hallway? 10 OFFICER CARRASCO: Uh, yes. 11 DAI POSADA: Okay. 12 OFFICER CARRASCO: It was Officer Ison and 13 14 15 Officer Hernandez who went right. DAI POSADA: Okay. And, uh, your partner, Heppler. 16 OFFICER CARRASCO: Yes? 17 DAI POSADA: He was also in 18 plainclothes? 19 OFFICER CARRASCO: Yes, he was. 20 DAI POSADA: Uh, do you know if he had 21 22 his, uh, his badge… OFFICER CARRASCO: Star out, displayed 23 medallion-style on a chain from around his neck, 24 and so did I. 16 Roomian & Associates, (415) 362-5920 SFPD 110796498 000372 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 DAI POSADA: 1 2 Similar to how you had yours. 3 OFFICER CARRASCO: Correct. 4 DAI POSADA: Okay. Those are the only 5 questions I have. ADA SULLIVAN: 6 Yeah. Just to clarify a 7 couple of things. So, uh, we talked about the first 8 point at which you see the subject, 9 of 10 11 12 13 14 hands up on either side of got both head. Is that correct? OFFICER CARRASCO: Yes, the right one was higher. ADA SULLIVAN: And so, the right one will be about ear level. Would that be about accurate? 15 OFFICER CARRASCO: I believe it was, yes. 16 ADA SULLIVAN: And 17 maybe more between 18 that be about right? left hand would be shoulder and the chin. Would 19 OFFICER CARRASCO: Yeah, or ear, yeah. 20 ADA SULLIVAN: Okay. And I'm just going 21 off of what I'm seeing you mimic. Would that be a 22 fair description? 23 OFFICER CARRASCO: Yes. 24 ADA SULLIVAN: And you don’t recall seeing 17 Roomian & Associates, (415) 362-5920 SFPD 110796498 000373 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 1 anything in hands. 2 OFFICER CARRASCO: No. 3 ADA SULLIVAN: Do you recall whether 4 hands were… 5 OFFICER CARRASCO: Clenched. 6 ADA SULLIVAN: …closed in a fist or 7 whether they were open? 8 OFFICER CARRASCO: Clenched. 9 ADA SULLIVAN: Both of them? OFFICER CARRASCO: Uh, the right one for sure. 10 11 I can’t say for sure the left one. ADA SULLIVAN: 12 13 So, the right one would have been the one closest to you. 14 OFFICER CARRASCO: Correct. 15 ADA SULLIVAN: And at the time that you 16 saw , was, uh, facing Officer Heppler? 17 OFFICER CARRASCO: Yes. 18 ADA SULLIVAN: And the distance between 19 20 the two? OFFICER CARRASCO: It closed fast, from the 21 distance of the hallway here, uh, because I was 22 still dragging the 23 giving up ground. So, when 24 that’s only the distance of three to four feet. out, and until he started came into clear view, 18 Roomian & Associates, (415) 362-5920 SFPD 110796498 000374 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 1 2 ADA SULLIVAN: And then Officer Heppler, uh, gave ground, at least two or three steps. 3 OFFICER CARRASCO: Correct. 4 ADA SULLIVAN: Before firing. Correct? 5 OFFICER CARRASCO: Correct. 6 ADA SULLIVAN: And he was still giving 7 verbal commands to drop the knife? 8 OFFICER CARRASCO: Correct. 9 ADA SULLIVAN: And at any time during this 10 period, did you see the knife in hand? 11 OFFICER CARRASCO: I don’t recall the knife. 12 ADA SULLIVAN: All right. And then, uh, at 13 the time Officer Heppler shot the subject, is it my 14 understanding that 15 subject would have been about abreast of you coming 16 in about where the stairs began? 17 would have been about, the OFFICER CARRASCO: Yes, or, or…yes. Right in- 18 between, I believe right in-between the archway 19 here and the newel post. 20 ADA SULLIVAN: So, if I have it right, the 21 subject, if did have a knife in hand, would 22 have been possibly within striking distance of you? 23 OFFICER CARRASCO: Yes. 24 SERGEANT WARNKE: Is that correct? 19 Roomian & Associates, (415) 362-5920 SFPD 110796498 000375 Officer Troy Carrasco, #1599 – OIS 110 796 498 10/03/2011 1 OFFICER CARRASCO: Yes. 2 ADA SULLIVAN: Uh, I have no further 3 questions. Thank you. 4 ATTORNEY SHEA: I got nothing. 5 SERGEANT WARNKE: Okay. It’s approximately 6 7 1622, we’ll conclude this interview. END OF DOCUMENT 20 Roomian & Associates, (415) 362-5920 SFPD 110796498 000376 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 SERGEANT SCOTT WARNKE: This is Scott Warnke, 2 Sergeant with the San Francisco Police Department, 3 Star number 1397, I work in the Homicide Detail. 4 Today is Monday, October 3rd, 2011, it’s 5 approximately 1310 hours. We are in an interview 6 room at the Homicide Detail, Hall of Justice at 850 7 Bryant Street. This is an interview regarding Case 8 number 110 796 498 and present with me are… 9 10 11 12 13 SERGEANT BILL BRACONI: Braconi, Star 2246, with the Homicide Detail. ATTY CHRISTOPHER SHEA: INV. JIM POSADA: San Francisco DA, 7044. 15 ADA MIKE SULLIVAN: Investigator Jim Posada, And Mike Sullivan, Assistant DA 17 SERGEANT WARNKE: 18 OFFICER KAREN FERRETTI: 19 20 21 Christopher Shea, Attorney with the Police Officers Association. 14 16 Sergeant Bill And… Officer Karen Ferretti, Star number 1689. SERGEANT WARNKE: 16…how do you spell your last name? 22 OFFICER FERRETTI: F-e-r-r-e-t-t-i. 23 SERGEANT WARNKE: Okay. And you are in 24 uniform right now. Do you remember your date of 1 Roomian & Associates, (415) 362-5920 SFPD 110796498 000377 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 entry into the Department? 2 OFFICER FERRETTI: Uh, 3 SERGEANT WARNKE: And your current 4 5 6 7 8 9 10 11 12 13 . assignment? OFFICER FERRETTI: Richmond Police Station, Patrol. SERGEANT WARNKE: And how long have you been in that assignment? OFFICER FERRETTI: Uh, in Patrol or at Richmond? Sorry. SERGEANT WARNKE: At your current assignment. OFFICER FERRETTI: At Richmond Station on 14 Patrol, I've been there for a little over three- 15 and-a-half years. 16 17 SERGEANT WARNKE: And what shift were you working today? 18 OFFICER FERRETTI: 19 SERGEANT WARNKE: And is that uniform or… 20 OFFICER FERRETTI: I'm sorry, 21 SERGEANT WARNKE: 22 OFFICER FERRETTI: Yeah, I'm sorry. 23 SERGEANT WARNKE: That’s okay. Is that 24 . . ? . uniform or plainclothes? 2 Roomian & Associates, (415) 362-5920 SFPD 110796498 000378 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 OFFICER FERRETTI: Uniform. 2 SERGEANT WARNKE: Do you work with a 3 partner? 4 OFFICER FERRETTI: No. 5 SERGEANT WARNKE: And your call sign today? 6 OFFICER FERRETTI: 3 George 5 Adam. 7 SERGEANT WARNKE: Is this the uniform that 8 you were wearing earlier? 9 10 11 Yes. SERGEANT WARNKE: Can you tell me what other, us, what other equipment you had with you? OFFICER FERRETTI: 12 13 OFFICER FERRETTI: I had no other equipment, just what I have on. SERGEANT WARNKE: Just what you have on 16 OFFICER FERRETTI: Yes. 17 SERGEANT WARNKE: So, now you have on a gun 14 15 18 now? belt. 19 OFFICER FERRETTI: Correct. 20 SERGEANT WARNKE: And you have, uh, your 21 22 23 24 duty weapon and you have your baton. OFFICER FERRETTI: Cuffs, baton, pepper spray, and radio. SERGEANT WARNKE: Okay. Were you in a, you 3 Roomian & Associates, (415) 362-5920 SFPD 110796498 000379 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 were in a marked unit? 2 OFFICER FERRETTI: Yes. 3 SERGEANT WARNKE: There was an incident 4 that occurred about 7:15 on the 600 block of 5 Funston. 6 OFFICER FERRETTI: Yes. 7 SERGEANT WARNKE: Can you tell us what your 8 9 involvement was? OFFICER FERRETTI: Uh, yes. There was a call 10 for a 219, uh, a call regarding a knife. Uh, I 11 basically responded to assist officers in this 12 call. I, when I arrived on scene, uh, approximately 13 the time I arrived on scene, I heard, uh, Officer 14 Carrasco go over air and say that there was a…not 15 words exactly, but there was a shooting. Uh, then I 16 rushed in or I rushed to the area; I saw a 17 being dragged out. Then I made entry going up the 18 stairs and when I saw Troy, I'm sorry, Officer 19 Carrasco and Officer Heppler exiting the building. 20 I saw Sergeant Gray, uh, with 21 laying facedown. Other units, which I believe was 22 Officer Filamor and Officer Ison, headed towards 23 the back of the, uh, residence. I went to assist in 24 conducting a further search of the, uh, the uh, that was 4 Roomian & Associates, (415) 362-5920 SFPD 110796498 000380 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 residence. Uh, we located or we saw a open a 2 bedroom door. 3 into another room, and locked the door. Officer 4 Ison, uh…we identified ourselves. Officer Ison 5 kicked in the door and then I went in to handcuff exited the door, saw us, and ran 6 7 8 9 10 11 SERGEANT WARNKE: Where were you? Did you hear shots? OFFICER FERRETTI: No. SERGEANT WARNKE: You never heard the shots? 12 OFFICER FERRETTI: No. 13 SERGEANT WARNKE: Okay. Do you remember 14 where you were when you said that Officer Carrasco, 15 on the radio, said that there were shots? 16 OFFICER FERRETTI: 17 pulling at the scene. 18 SERGEANT WARNKE: 19 I was literally, just Okay. When you got to the scene outside. 20 OFFICER FERRETTI: Yes? 21 SERGEANT WARNKE: What did you see? 22 OFFICER FERRETTI: I saw firefighters and 23 paramedics on scene already, and I was running to 24 the front door. And I saw, and I don’t remember 5 Roomian & Associates, (415) 362-5920 SFPD 110796498 000381 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 who, but a 2 of the residence. 3 4 being pulled out of the building, SERGEANT WARNKE: Who was pulling the ? 5 OFFICER FERRETTI: I, I don’t recall. 6 SERGEANT WARNKE: Okay. Did the 7 anything? 8 OFFICER FERRETTI: No. 9 SERGEANT WARNKE: What did the 10 like, if you can remember? 11 OFFICER FERRETTI: completely, it looked like 13 didn’t see 14 they were pulling 15 So, I knew it was a 16 being exposed. 18 19 20 21 22 23 24 look actually was 12 17 say was lifeless. Uh, I face because shirt, I think when out got, uh, got pulled up. due to, uh, SERGEANT WARNKE: chest Okay. Did you notice any injuries? OFFICER FERRETTI: Just blood, I just saw blood. SERGEANT WARNKE: was a, you said there was OFFICER FERRETTI: stairs, I saw Inside, you said there laying down? Yes. Walking up the , uh, laying on stomach. 6 Roomian & Associates, (415) 362-5920 SFPD 110796498 000382 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 Uh, 2 moaning sounds coming from 3 SERGEANT WARNKE: Was anybody near 4 OFFICER FERRETTI: Sergeant, uh, Gray. 5 SERGEANT WARNKE: Sergeant Gray. 6 OFFICER FERRETTI: Was standing with 7 SERGEANT WARNKE: What was Sergeant Gray 8 9 was moaning, or what I appeared to be doing? OFFICER FERRETTI: 10 from my recollection. 11 SERGEANT WARNKE: 12 . Uh, just standing there, Aside from the moaning, did you hear the person on the ground say anything? 13 OFFICER FERRETTI: No. 14 SERGEANT WARNKE: Did you smell anything 15 when you went in? 16 OFFICER FERRETTI: No, not that I recall. 17 SERGEANT WARNKE: Any of the officers say 18 19 anything to you? OFFICER FERRETTI: Uh, say anything to me 20 when I came in? No. I think when I, after I saw 21 Sergeant Gray, I just, I just went to the back. I 22 don’t know if they told me they were looking to see 23 if anybody else was in the back or just, I just 24 knew that they were doing. 7 Roomian & Associates, (415) 362-5920 SFPD 110796498 000383 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 2 SERGEANT WARNKE: Previous to Richmond Station, where did you work? 3 OFFICER FERRETTI: Uh, Northern and Mission. 4 SERGEANT WARNKE: Northern, how long were 5 6 7 you at Northern? OFFICER FERRETTI: Uh, a pretty short time, about seven months or so. 8 SERGEANT WARNKE: Was that… 9 OFFICER FERRETTI: My probation station. SERGEANT WARNKE: So, then you worked at 10 11 Mission. Did you train at Mission? 12 OFFICER FERRETTI: I did. 13 SERGEANT WARNKE: Okay. You been to 14 incidents not exactly the same, but similar to 15 this, before? 16 OFFICER FERRETTI: Uh, nothing involve an 17 officer shooting, but, uh, stabbings and…yes, 18 shootings, other than officer involved. 19 20 SERGEANT WARNKE: Is this the first officer-involved shooting you’ve been to? 21 OFFICER FERRETTI: Yes. 22 SERGEANT WARNKE: Okay. 23 OFFICER FERRETTI: To my recollection. 24 SERGEANT WARNKE: Okay. Sergeant Braconi? 8 Roomian & Associates, (415) 362-5920 SFPD 110796498 000384 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 SERGEANT BRACONI: Yeah, just a couple of 2 quick questions. Uh, where did you respond from 3 when you heard the call come out? Where were you in 4 the district? 5 OFFICER FERRETTI: Uh, I'm, I work the 5- 6 car, so I was in the 5-, 4-car location, so that’s 7 closer to the Great, uh, Great Highway. 8 9 SERGEANT BRACONI: Okay. I, I'm not familiar with the, the sector cars there. So, where would, 10 you know, approximately, what would be the 11 location? 12 OFFICER FERRETTI: Uh, where the incident 13 took place is about the 3- or 4-car, that’s like on 14 the border, and then after Park Presidio, it goes, 15 you know, 4 and 5 16 SERGEANT BRACONI: Uh, okay. So… 17 OFFICER FERRETTI: So, all the way, my 18 19 20 sector’s all the way at Great Highway. SERGEANT BRACONI: And then where were you, you know, cross-street-wise? 21 OFFICER FERRETTI: Uh… 22 SERGEANT BRACONI: If you can remember. 23 OFFICER FERRETTI: I was somewhere on Geary 24 and maybe like 27th. 9 Roomian & Associates, (415) 362-5920 SFPD 110796498 000385 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 SERGEANT BRACONI: Okay. 2 OFFICER FERRETTI: It’s, I'm somewhere 3 4 around there. SERGEANT BRACONI: Okay. And then, was your 5 response code 3 or just, just as quick as you can 6 get there? 7 8 9 OFFICER FERRETTI: No, it’s as quick as I can get there without my lights and sirens. SERGEANT BRACONI: Okay. And, uh, let’s see 10 here. Uh, I know, uh, Sergeant Warnke asked you who 11 was dragging the 12 remember if it was PD or Fire or medics or you just 13 don’t remember? 14 OFFICER FERRETTI: out of the building. Do you I, I really, I just, I 15 can’t remember. I think maybe medics started, I 16 want to say medics started to…I don’t know. 17 18 19 SERGEANT BRACONI: If you can’t remember, you can’t remember at this point. OFFICER FERRETTI: I can’t remember. I know 20 medics were on scene, but I'm not sure if they 21 actually, if it was safe for them to. 22 SERGEANT BRACONI: Do you remember if they 23 were on a board or a gurney, or were they just 24 carrying the person, uh, without that? 10 Roomian & Associates, (415) 362-5920 SFPD 110796498 000386 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 OFFICER FERRETTI: I can’t remember. 2 SERGEANT BRACONI: You don’t recall? 3 OFFICER FERRETTI: I don’t recall them 4 putting 5 straight upstairs. SERGEANT BRACONI: 6 7 in an am, an ambulance at all. I went you handcuffed Okay. And then, uh, when in the back. 8 OFFICER FERRETTI: Uh-huh? 9 SERGEANT BRACONI: Did that person make any 10 spontaneous statements that you heard? OFFICER FERRETTI: 11 Uh, didn’t say 12 anything spontaneous. We asked 13 other, anybody else in the house, and then 14 no. Well, you know, 16 said said you know, , and 15 if there was any said , just woke up. 17 SERGEANT BRACONI: Okay. That’s all I got. 18 SERGEANT WARNKE: I'm sorry. With the other 19 officers, do you remember the other… 20 OFFICER FERRETTI: With me at the time? 21 SERGEANT WARNKE: Yeah. That you remember, 22 who were at the scene? 23 OFFICER FERRETTI: 24 Uh, who was with me and searching the back of the house was Joe Filamor and 11 Roomian & Associates, (415) 362-5920 SFPD 110796498 000387 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 2 3 4 5 6 7 8 9 10 Kevin Ison. SERGEANT WARNKE: Did you remember, and then you mentioned Sergeant Gray. OFFICER FERRETTI: the, the lying on SERGEANT WARNKE: Sergeant Gray was with stomach. Okay. Anybody else that you recall? OFFICER FERRETTI: I saw Troy, uh, Heppler, Officer Heppler and Carrasco coming down the stairs when I was entering. 11 SERGEANT WARNKE: Okay. 12 OFFICER FERRETTI: I… 13 SERGEANT WARNKE: And how were Officers 14 Filamor, how was he dressed? 15 OFFICER FERRETTI: In uniform. 16 SERGEANT WARNKE: Ison? 17 OFFICER FERRETTI: In uniform. 18 SERGEANT WARNKE: Sergeant Gray? 19 OFFICER FERRETTI: In uniform. 20 SERGEANT WARNKE: Officer Heppler? 21 OFFICER FERRETTI: Plainclothes. 22 SERGEANT WARNKE: And Officer Carrasco? 23 OFFICER FERRETTI: Plainclothes. 24 SERGEANT WARNKE: Do you remember, if you 12 Roomian & Associates, (415) 362-5920 SFPD 110796498 000388 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 2 do, any other officers that were on scene? OFFICER FERRETTI: Uh, I know I saw Jason, 3 uh, Officer Hernandez and Officer Wong later, but I 4 don’t recall them being in the house when I was in 5 the house. 6 SERGEANT WARNKE: Okay. And I should have 7 said this in the beginning, but you’re here, this 8 is a voluntary statement. 9 10 11 12 OFFICER FERRETTI: Yes. SERGEANT WARNKE: You’re here with your attorney. SERGEANT BRACONI: Okay. Can I just ask one 13 quick follow-up to Scott’s question? Uh, you said 14 Officer Carrasco and Officer Heppler were wearing 15 plainclothes. 16 OFFICER FERRETTI: Yes. 17 SERGEANT BRACONI: Do you remember what they 18 19 were wearing? OFFICER FERRETTI: Uh, I remember Heppler 20 wearing a zip-up sweatshirt, I believe it was blue, 21 but I can’t, uh, and I think, I think jeans. And 22 then I know Troy Carrasco was wearing a blue shirt, 23 I believe jeans as well, but I can’t recall the 24 pants for sure, for certain. 13 Roomian & Associates, (415) 362-5920 SFPD 110796498 000389 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 SERGEANT BRACONI: 2 DAI POSADA: Thank you. And I've got a couple of 3 questions actually. Uh, when you arrived on scene 4 and you went up the stairs, and it was Filamor and 5 Ison that you joined, joined at the top of the 6 stairs inside the house? 7 OFFICER FERRETTI: They weren’t on top of 8 the, they weren’t at the stairs, they were behind 9 Sergeant… It was the stairs. 10 DAI POSADA: Sure. 11 OFFICER FERRETTI: And then Gray was, 12 Sergeant Gray was standing at the top of the 13 stairs, with the person laying down, and the 14 Officer Filamor and Officer Ison were behind him, 15 starting to do a sweep of the house. 16 DAI POSADA: 17 OFFICER FERRETTI: 18 DAI POSADA: 19 Clear the residence. Okay. And you helped them clear the residence? 20 OFFICER FERRETTI: 21 DAI POSADA: 22 Right. I did. And in clearing the residence, were there, uh, weapons drawn or? 23 OFFICER FERRETTI: 24 DAI POSADA: Yes. Okay. 14 Roomian & Associates, (415) 362-5920 SFPD 110796498 000390 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 OFFICER FERRETTI: 1 Uh, I had mine out. 2 However, it wasn’t aimed, it was down, uh, my 3 flashlight. And then, uh, I can’t recall. There was 4 an ERIW and I'm not sure if it was, I'm not sure if 5 Ison was holding it or Officer Filamor was holding 6 it. DAI POSADA: 7 8 was holding it? OFFICER FERRETTI: 9 10 Okay. So, possibly one of them I want to say Officer Ison, but I, I can’t be, uh, certain. DAI POSADA: 11 Okay. So, as you’re clearing 12 the, uh, residence, you encounter one 13 the house. 14 OFFICER FERRETTI: 15 DAI POSADA: 16 17 detained and And 19 DAI POSADA: 22 was ultimately and … OFFICER FERRETTI: 21 Correct. the one who said 18 20 inside Okay. After detained, uh, do you guys take out of the house? OFFICER FERRETTI: I did. I sat 23 front of, uh, not directly in front of the 24 residence, but where the garage is. down in 15 Roomian & Associates, (415) 362-5920 SFPD 110796498 000391 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 DAI POSADA: 2 OFFICER FERRETTI: 3 I eventually, uh, took 4 of 5 vehicle. and I sat DAI POSADA: 6 And I sat with , took the handcuffs off in my vehicle, my patrol Okay. And from that point, did happened? OFFICER FERRETTI: 9 10 Uh, no. was okay. revealed to me that, uh, , as Uh, 12 well as 13 not, suffer from, uh, wasn’t specific. and so, also informed me that, uh, 16 doesn’t stay with 17 twice a week. 19 20 21 22 23 24 I’m says that 14 18 claimed that was still asleep. I just asked if 11 15 . Then say anything else to you about what had 7 8 Okay. DAI POSADA: , usually only visits Okay. Uh, and did you drive down to the Hall? OFFICER FERRETTI: I did. I took to 8…uh, to Homicide. DAI POSADA: Okay. Did say anything else to you as you guys were driving? OFFICER FERRETTI: No. 16 Roomian & Associates, (415) 362-5920 SFPD 110796498 000392 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 2 3 DAI POSADA: Or that’s pretty much it. Okay. I have no other questions. ADA SULLIVAN: A couple of just follow-ups. 4 Uh, Officer, is it Heppler, and Officer Carrasco, 5 they were in plainclothes. Correct? 6 OFFICER FERRETTI: 7 ADA SULLIVAN: Correct. Uh, do you recall whether you 8 saw their Stars exposed on their belts or around 9 their neck at all? 10 OFFICER FERRETTI: I want to say both of 11 them had around their necks. I could, I think I 12 remember when, well, it was Officer Heppler was 13 walking down. I, I believe I saw his Star. 14 15 ADA SULLIVAN: Uh, and you put your left hand up to the center of your chest. 16 OFFICER FERRETTI: 17 ADA SULLIVAN: 18 OFFICER FERRETTI: 19 ADA SULLIVAN: 20 21 22 23 24 Yeah. Is that where you think? Yeah. Yeah. Okay. And then, do you recall whether, uh, Troy Carrasco had his Star? OFFICER FERRETTI: I think the same thing, but I'm not certain. ADA SULLIVAN: Have you, uh, ever had any prior calls to this address before? 17 Roomian & Associates, (415) 362-5920 SFPD 110796498 000393 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 OFFICER FERRETTI: 1 2 not to my recollection. 3 ADA SULLIVAN: No, not to my knowledge, Have you ever interacted with 4 any of the people involved in this particular 5 incident? OFFICER FERRETTI: 6 Uh, I don’t know the 7 other, the three people that were hurt. I, but for 8 the 9 that I transported, no, I don’t. ADA SULLIVAN: Uh, when you got inside the 10 house and you went to the top of the stairs, you 11 saw Sergeant Gray with the 12 13 14 15 OFFICER FERRETTI: face down. Correct? Yes. Well, face was to the side. ADA SULLIVAN: Face to the side, but chest down? 16 OFFICER FERRETTI: 17 ADA SULLIVAN: Yeah, on stomach. Do you recall whether the, uh, 18 feet… Well, first, let me ask you when you get to 19 the top of the stairs, the 20 ground with 21 left or to your right? 22 OFFICER FERRETTI: 23 24 that’s down on the chest down, would the stairs, so be to your uh, I was still on was to my right technically. ADA SULLIVAN: And when you looked at 18 Roomian & Associates, (415) 362-5920 SFPD 110796498 000394 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 were feet closest to you or was 2 OFFICER FERRETTI: 3 ADA SULLIVAN: 4 Uh, head and then body. So, the feet would be away from you? 5 OFFICER FERRETTI: 6 ADA SULLIVAN: Yeah. So, it would be as though…let 7 me ask you this. How far was 8 stairs? 9 head? OFFICER FERRETTI: head, uh, to the That’s kind of difficult 10 to say, because there was a stairway and then it 11 looked like it kind of had a little bannister, and 12 was kind of in the middle of—if you wanted to 13 get up, if you wanted to go to the next step, 14 was just laying right in the middle. 15 16 ADA SULLIVAN: Okay. So, the stairs? 17 OFFICER FERRETTI: 18 ADA SULLIVAN: 19 arrived, did you see an 20 by paramedics? Yeah. Uh, let’s see. When you 21 OFFICER FERRETTI: 22 ADA SULLIVAN: 23 SERGEANT WARNKE: 24 was at the top of being treated No, I did not. That’s it. Thank you. I have a photo here I'm going to show you. There’s a staircase, there’s a 19 Roomian & Associates, (415) 362-5920 SFPD 110796498 000395 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 shoe in the middle of the stairs. In relation to 2 that, can you describe where you saw the person 3 laying down? 4 OFFICER FERRETTI: I was right here. 5 SERGEANT WARNKE: Okay. So, you were at the OFFICER FERRETTI: Well, I think there’s one 6 7 top? 8 more step right here. 9 SERGEANT WARNKE: Okay. OFFICER FERRETTI: But on top of these 10 11 12 stairs. ATTORNEY SHEA: And I'm sorry, when you 13 say there’s one more step right here, you’re 14 saying? 15 OFFICER FERRETTI: To that. 16 ATTORNEY SHEA: That’s not visible in the 17 18 19 20 photograph? OFFICER FERRETTI: Yeah. I believe there’s like one more step that will get you… ATTORNEY SHEA: So, if you were to go to 21 the top of the stairs shown in this picture and 22 turn right. 23 OFFICER FERRETTI: You had to step one more. 24 ATTORNEY SHEA: You’d have to step up one 20 Roomian & Associates, (415) 362-5920 SFPD 110796498 000396 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 more. 2 OFFICER FERRETTI: I think so. 3 ATTORNEY SHEA: Okay. 4 OFFICER FERRETTI: If I remember correctly. 5 ATTORNEY SHEA: Okay. 6 SERGEANT WARNKE: Okay. Thank you. 7 SERGEANT BRACONI: And not to belabor this 8 point, but I got a little confused by one of the 9 questions. So, the house, the front of the house 10 faces west. Correct? Faces to the west? 11 OFFICER FERRETTI: Yes. 12 SERGEANT BRACONI: And the back of the house 13 would be to the east? 14 OFFICER FERRETTI: Yes. 15 SERGEANT BRACONI: Okay. Is the person’s 16 feet, is the person’s head facing to the west and 17 the feet to the east? 18 OFFICER FERRETTI: Yes. 19 SERGEANT BRACONI: Okay. So, as you get to 20 the top of the stairs. 21 OFFICER FERRETTI: I looked over. 22 SERGEANT BRACONI: To your right. 23 OFFICER FERRETTI: Right. To my right, and 24 basically, was, head was right here and 21 Roomian & Associates, (415) 362-5920 SFPD 110796498 000397 Officer Karen Ferretti, #1689 – OIS 110 796 498 10/03/2011 1 2 3 feet were right here. SERGEANT BRACONI: And you say right here, so that’s to your right. 4 OFFICER FERRETTI: Right. 5 SERGEANT BRACONI: And to the west. 6 OFFICER FERRETTI: Yes. Head to the west, 7 feet to the east. 8 SERGEANT BRACONI: Feet to the east. 9 OFFICER FERRETTI: Correct. 10 SERGEANT BRACONI: Okay. That’s what I just 11 12 13 wanted to clarify. Thank you. SERGEANT WARNKE: Anybody else? Mister Shea? 14 ATTORNEY SHEA: No, thank you. 15 SERGEANT WARNKE: Okay. It’s approximately 16 17 1328 hours, I'm going to conclude this interview. END OF DOCUMENT 22 Roomian & Associates, (415) 362-5920 SFPD 110796498 000398 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 SERGEANT SCOTT WARNKE: This is Scott Warnke, 2 Sergeant, Star number 1397, San Francisco Police 3 Department. Today is Monday, October 3rd, 2011, 4 it’s approximately 1335 hours. We are in an 5 interview room with the Homicide Detail at the Hall 6 of Justice at 850 Bryant Street. This is an 7 interview regarding Case number 110 796 498 and 8 present with me is… 9 10 11 12 13 14 15 16 SERGEANT BILL BRACONI: Braconi, Star 2246, with the Homicide Detail. INV. JIM POSADA: Investigator Jim Posada, District Attorney’s Office, 7044. ADA MIKE SULLIVAN: Mike Sullivan, Assistant District Attorney. ATTY CHRISTOPHER SHEA: Christopher Shea, Attorney with the Police Officers Association. 17 SERGEANT WARNKE: 18 OFFICER JOSEPH FILAMOR: 19 Sergeant Bill And you are? Officer Joe Filamor, Star 213. 20 SERGEANT WARNKE: Is it Joe or Joseph? 21 OFFICER FILAMOR: Joseph. 22 SERGEANT WARNKE: Okay. And just, so [we’re 23 all clear], this is a voluntary statement. You’re 24 here with a representative. Is that true? 1 Roomian & Associates, (415) 362-5920 SFPD 110796498 000399 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 OFFICER FILAMOR: Yes. 2 SERGEANT WARNKE: Okay. 3 Do you remember your entry date into the Department? 4 OFFICER FILAMOR: Uh, 5 SERGEANT WARNKE: And your current 6 . assignment? 7 OFFICER FILAMOR: Richmond Station. 8 SERGEANT WARNKE: And how long have you 9 10 11 12 13 been at Richmond Station? OFFICER FILAMOR: Approximately, probably upward of six years. SERGEANT WARNKE: And the shift you worked today? 14 OFFICER FILAMOR: Days. 15 SERGEANT WARNKE: Days? 16 OFFICER FILAMOR: Yes. 17 SERGEANT WARNKE: Do you know the hours on 18 that? 19 OFFICER FILAMOR: 20 SERGEANT WARNKE: 21 . And were you in uniform? You’re wearing a uniform now. 22 OFFICER FILAMOR: Yes. 23 SERGEANT WARNKE: Is that what you were 24 wearing? 2 Roomian & Associates, (415) 362-5920 SFPD 110796498 000400 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 OFFICER FILAMOR: Yes. 2 SERGEANT WARNKE: Did you have a partner 3 today? 4 OFFICER FILAMOR: No. 5 SERGEANT WARNKE: And your call sign? 6 OFFICER FILAMOR: 3 George 4 Adam. 7 SERGEANT WARNKE: And in addition to your 8 uniform, what other equipment did you have on you 9 today; what were you wearing? 10 OFFICER FILAMOR: Uh, pretty much my, my 11 vest, my service weapon, uh, my baton, my OC, and 12 my radio. 13 14 SERGEANT WARNKE: Were you in a marked unit? 15 OFFICER FILAMOR: Yes. 16 SERGEANT WARNKE: So, this morning about 17 7:15, there was an incident that occurred on the 18 600 block of Funston. Can you tell us what your 19 involvement was, what happened, please? 20 OFFICER FILAMOR: Well, when I received the 21 call over the broadcast by Dispatch on an A- 22 priority 219 stabbing, uh, I didn’t know what we 23 had at the time, until I arrived on scene. I heard 24 on the radio the initial unit or units that arrived 3 Roomian & Associates, (415) 362-5920 SFPD 110796498 000401 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 2 before me that they had located a , , outside with some stabbing wounds. And as 3 I arrived, uh, the, uh, plainclothes unit and one 4 officer was already on scene. And at that point, we 5 waited for the deployment of the ERIW before we 6 made entry into the premises. 7 SERGEANT WARNKE: Okay. 8 OFFICER FILAMOR: As far as my 9 recollection, there was two plainclothes guys, 10 myself, and one sergeant, and another officer. 11 12 13 SERGEANT WARNKE: Can you tell us what happened? OFFICER FILAMOR: We made our way to the 14 stairway. Uh, they were ahead of me. Initially, the 15 sergeant was ahead of me, but I went past him 16 because I wanted to catch up with the ERIW. At that 17 point, you know, I established that I was the 18 second officer or the lethal officer with the ERIW. 19 The plainclothes units was still ahead of me at 20 that point. Now remember, this is all happening 21 very quickly. As we made up the stairway, uh, 22 immediately, you had the hallway. 23 24 We were all kind of bunching up, making our way up it, and by the time we reached, stopped, at 4 Roomian & Associates, (415) 362-5920 SFPD 110796498 000402 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 the top of the stairway, the plainclothes, Officer 2 Carrasco, located a, uh, 3 we could see at that point that 4 out—uh, unknown exactly what part of 5 on the ground, and was bleeding body, but was on the ground. Uh, our concern at that 6 point, we couldn’t secure the area, and we wanted 7 to pull 8 and I can’t remember exactly where he grabbed, uh, 9 the victim, but when he was dragging into safety. Uh, so, he went ahead and, out, out 10 of the hallway into the stairway, we had to make a 11 decision at that point, that we had to sort of back 12 out of the way, because we were in the way of the 13 stairway. 14 As far as I remember, when he was doing that, 15 just when he made the stairway and we were 16 simultaneously backing out, at that point, uh, we 17 were kind of bunched in, and the hallway was barely 18 two to three feet; we were like shoulder, arm to 19 arm. And when he finally made it into the, the top 20 of the stairway, it was at that point that someone 21 came out on the left side. Unknown at the time what 22 room it was, but 23 recall if it was two hands or one hand. I do, I 24 remember seeing knives and, and I remember at that came out holding—I can’t even 5 Roomian & Associates, (415) 362-5920 SFPD 110796498 000403 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 point, we were kind of, me and the ERIW, we’re not 2 side-by-side. Officer Heppler, who was directly, 3 from the very beginning when we started retreating 4 back to make room for Officer Carrasco, he was on 5 my left side and I was on the right. I'm sorry, uh, 6 I was on the left side, he was on my right side, 7 and Officer Ison was hugging the wall also, 8 directly in front of Officer Heppler. 9 Somehow, when we were backing out, I, I 10 temporary lost position, uh, from Officer Ison. It 11 was at that point when the 12 two knives when 13 towards us and 14 commands, uh, drop the knife, drop the knife, 15 kept walking towards us. Uh, I heard the shot for 16 the ERIW, 17 point, uh, you know, Officer Heppler discharged a 18 weapon. Now, in the very beginning, I saw 19 out, but during the movements, I lost position, and 20 Officer Heppler was now directly in my line of 21 fire, so I couldn’t even discharge my weapon. 22 subject with, with came out, directly out and starts walking. Uh, verbal kept walking towards us. At that come Uh, the subject goes down, uh, we made sure 23 that the knife was secured. I think the other 24 officers probably go on the air that shots were 6 Roomian & Associates, (415) 362-5920 SFPD 110796498 000404 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 fired. Now, I'm not sure, but I heard Officer Ison 2 yell at someone, “Come back here, come back here,” 3 running into the hallway; I did not see the person 4 run. But once we had secured the subject who went 5 down, we continued, uh, to go to the hallway, 6 towards the back of the flat, so we could secure 7 that area. 8 9 At that point, we determined there was, there was two doors, and there was a door to the right of 10 us that was locked. We kept yelling open the door. 11 The person inside refused to open it. Uh, I believe 12 Officer Ison forced open by kicking it open, and we 13 located the 14 detained 15 Ferretti came in and assisted us in detaining the 16 and we took , uh, we It was at that point that Officer Once was detained, we continued to 17 clear, uh, I believe there’s three rooms there; 18 there’s another room all the way in the back, and 19 we located no one. That’s pretty much it. 20 SERGEANT WARNKE: Okay. Thank you. We’re 21 just going to go over, clarify a few things. Okay? 22 You responded from, do you remember where you 23 responded from? 24 OFFICER FILAMOR: Yeah. It was, uh, between 7 Roomian & Associates, (415) 362-5920 SFPD 110796498 000405 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 2 3 4 5 6 7 8 9 14th and 15th Avenue at Geary. SERGEANT WARNKE: Did you respond with your lights on or were you driving Code 3? OFFICER FILAMOR: No. I was, I was pretty close. SERGEANT WARNKE: Okay. Do you remember the route you took or the approach that you took? OFFICER FILAMOR: I made a U-turn. I was heading westbound on Geary and I made a U-turn, uh, 10 it was 15th Avenue. You know, from 15th Avenue, I 11 went eastbound and made a right on Funston, and 12 about two, two blocks away I was there. 13 SERGEANT WARNKE: Do you recall what you 14 saw when you arrived on the scene? What did you see 15 as far as vehicles or personnel or anybody out 16 front? 17 OFFICER FILAMOR: I saw, uh, it was a unit 18 already in front of the house and I can’t recall 19 who it was. 20 21 SERGEANT WARNKE: Is the unit that you’re referring to an officer or a vehicle? 22 OFFICER FILAMOR: An officer and a vehicle. 23 SERGEANT WARNKE: Okay. So, in front of the 24 house, was that an officer in front of the house? 8 Roomian & Associates, (415) 362-5920 SFPD 110796498 000406 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 OFFICER FILAMOR: Yes. 2 SERGEANT WARNKE: You don’t recall who it 3 was? Uniformed or…? 4 OFFICER FILAMOR: Yeah. 5 SERGEANT WARNKE: Okay. Go on, I'm sorry. 6 OFFICER FILAMOR: Uh, I also remember 7 seeing that two plainclothes, uh, running to the 8 address, almost simultaneous to when I arrived. 9 SERGEANT WARNKE: Any other officers? 10 OFFICER FILAMOR: That’s, that’s all I 11 12 13 remember, and then it was me. SERGEANT WARNKE: Did you see any civilians? 14 OFFICER FILAMOR: I can’t remember. 15 SERGEANT WARNKE: The two plainclothes 16 17 18 19 officers, do you remember who they were? OFFICER FILAMOR: Yes. [That would be] Officer Carrasco and, uh, Officer Heppler. SERGEANT WARNKE: Carrasco and Heppler, 20 okay. Do you remember what Officer Carrasco was 21 wearing? 22 OFFICER FILAMOR: I can’t remember. 23 SERGEANT WARNKE: Do you recall seeing his, 24 his Star? 9 Roomian & Associates, (415) 362-5920 SFPD 110796498 000407 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 OFFICER FILAMOR: I can’t remember. 2 SERGEANT WARNKE: What about Officer 3 Heppler? Do you recall what he was wearing? 4 OFFICER FILAMOR: No. 5 SERGEANT WARNKE: His Star? You just can’t 6 7 8 9 recall? OFFICER FILAMOR: I can’t remember if they were, if I saw it. SERGEANT WARNKE: Okay. So, now you’re at 10 the front door. You’re waiting for, I think you 11 said you’re waiting for ERIW. 12 OFFICER FILAMOR: Right. 13 SERGEANT WARNKE: Do you remember who 14 brought ERIW? 15 OFFICER FILAMOR: It was Officer Ison. 16 SERGEANT WARNKE: Officer Ison. What was 17 said at the front door? Was there a plan formulated 18 or was it just sort of a rush in? Did you hear 19 anything coming from inside of the residence? 20 OFFICER FILAMOR: No, uh, but I did hear an 21 officer, uh, say over the air that, uh, the victim, 22 who was outside, said that 23 meaning the suspect. 24 SERGEANT WARNKE: was still inside— So, what was your 10 Roomian & Associates, (415) 362-5920 SFPD 110796498 000408 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 reasoning for entering the residence? OFFICER FILAMOR: 2 3 [whoever], the occupants inside. SERGEANT WARNKE: 4 5 Uh, for the safety of Did you have information that there were more occupants inside of the house? OFFICER FILAMOR: 6 I didn’t hear any. All I 7 heard was that the suspect was still in, in the 8 house. SERGEANT WARNKE: 9 10 So, you went in for what reason? OFFICER FILAMOR: 11 Well, assuming that there 12 would be, uh, other occupants, but I didn’t know 13 that. 14 SERGEANT WARNKE: Okay. 15 OFFICER FILAMOR: The only way to find out 16 was to go in and clear the, clear the whole flat. SERGEANT WARNKE: 17 Anybody else besides the 18 possible residents inside that you were going in 19 for? 20 21 22 OFFICER FILAMOR: I'm not sure. I'm not sure what you’re asking. SERGEANT WARNKE: Okay. So, your reason to 23 go in, I'm just asking what your reason for going 24 inside was. You said for safety of the occupants. 11 Roomian & Associates, (415) 362-5920 SFPD 110796498 000409 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 2 Why were you in fear of safety of the occupants? OFFICER FILAMOR: Well, based on the injury 3 of the person in the front, and also the, uh, the 4 scene on, you know, on the landing; there’s blood, 5 bloodstains everywhere. 6 SERGEANT WARNKE: So, you saw blood? 7 OFFICER FILAMOR: Yes. 8 SERGEANT WARNKE: Okay. Did you see the 9 person that, anybody that was injured outside? 10 OFFICER FILAMOR: I saw 11 SERGEANT WARNKE: Before you went in? 12 OFFICER FILAMOR: Yes. 13 SERGEANT WARNKE: Okay. What, what did you 14 recall about OFFICER FILAMOR: 16 17 briefly. It’s just, uh, an I couldn’t really see the nature of, of the injury. 18 SERGEANT WARNKE: Was 19 OFFICER FILAMOR: I'm not sure. I didn’t 20 21 bleeding? really see it. SERGEANT WARNKE: Okay. So, you didn’t, you 22 weren’t sure if was bleeding, but you did see 23 blood. Where at, where did you see the blood in the 24 residence? 12 Roomian & Associates, (415) 362-5920 SFPD 110796498 000410 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 2 OFFICER FILAMOR: Directly…well, actually, there’s bloodstains on the sidewalk. 3 SERGEANT WARNKE: Okay. 4 OFFICER FILAMOR: I saw that. I believe the 5 sidewalk even had a trail, because where I was 6 coming from, I believe there was a blood trail from 7 maybe two or three houses, if you’re looking at the 8 house, it was to the left, there was a blood trail. 9 SERGEANT WARNKE: Okay. All right. So, you 10 arrived there, the other officers are there. You’ve 11 been told somebody’s been…that there’s a suspect, a 12 possible suspect in there. You do see blood. 13 Fearing for other occupants, you went into the 14 residence. 15 OFFICER FILAMOR: Yeah. 16 SERGEANT WARNKE: With ERIW, but no plan 17 was formulated. Was this like, I know this 18 interview is taking long. You’re there, how quickly 19 is this moving? 20 21 OFFICER FILAMOR: It is happening very quickly. Everything is… 22 SERGEANT WARNKE: Okay. 23 OFFICER FILAMOR: You know, there was no 24 time for, uh, you know, we got to do this, do this. 13 Roomian & Associates, (415) 362-5920 SFPD 110796498 000411 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 2 We got to go in, and we got to go now. SERGEANT WARNKE: You got to go in, you got 3 to go now, but you did, you did have, you were 4 conscious of ERIW’s out and I am the lethal cover 5 officer? 6 OFFICER FILAMOR: Right. 7 SERGEANT WARNKE: Is that policy? 8 OFFICER FILAMOR: Uh, it’s also a protocol. 9 10 I mean somebody’s got to be the lethal. SERGEANT WARNKE: Okay. All right. So, it 11 sounds like that is somewhat of an organization, 12 somewhat organized going in there. 13 OFFICER FILAMOR: Yes. And, and most of the 14 time, it doesn’t even have to be said. I mean, you 15 know, you’re the—two uniform officers. 16 SERGEANT WARNKE: Okay. 17 OFFICER FILAMOR: You go in and you go in 18 19 together. SERGEANT WARNKE: All right, that makes 20 sense. So, then you go in and Officer Carrasco is 21 pulling the back. 22 OFFICER FILAMOR: Yeah. 23 SERGEANT WARNKE: And then from somewhere, 24 you see a appear in the hallway with two 14 Roomian & Associates, (415) 362-5920 SFPD 110796498 000412 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 knives, and you’re not sure if 2 hand, but you’re sure 3 OFFICER FILAMOR: Yeah. 4 SERGEANT WARNKE: And the ERIW…at what 5 had one in each had two knives. point, a command was given? 6 OFFICER FILAMOR: Yes. 7 SERGEANT WARNKE: Did you give any 8 9 10 commands? OFFICER FILAMOR: We all were giving commands. I mean, like I said… 11 SERGEANT WARNKE: What did you say? 12 OFFICER FILAMOR: Drop the knife. Drop the 13 14 15 16 17 knife. SERGEANT WARNKE: Do you remember how many times you said it? OFFICER FILAMOR: I can’t recall how many times. 18 SERGEANT WARNKE: Was it more than one? 19 OFFICER FILAMOR: Uh, yes. 20 SERGEANT WARNKE: And did you hear other, 21 you said everybody was giving commands. Did you 22 hear what the other commands were? 23 24 OFFICER FILAMOR: It was pretty much the same, drop the knife, drop the knife. 15 Roomian & Associates, (415) 362-5920 SFPD 110796498 000413 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 SERGEANT WARNKE: Pretty much the same. 2 Could you say I heard Officer Carrasco say this or 3 I heard Officer Heppler say that or I heard Officer 4 Ison say that? 5 6 7 8 9 OFFICER FILAMOR: I can say for sure that Officer Ison said drop the knife. SERGEANT WARNKE: Okay. And where was Officer Ison in relation to you? OFFICER FILAMOR: He was 10 directly…initially, we were almost side-by-side, 11 but as I mentioned before, as Officer Carrasco was 12 retreating with the body, we were all making, 13 getting out of his way on the stairway. Remember, 14 we’re on top of the stairway. 15 SERGEANT WARNKE: Uh-huh. 16 OFFICER FILAMOR: Now, we’re retreating 17 back to make room, and that’s when we sort of 18 simultaneously lost position. At that point, when 19 Officer Carrasco made it to the stairway, Officer 20 Ison was now on my right, directly, just in front 21 of me, and Heppler was now side-by-side. And again, 22 we’re talking right next to each other, uh, it was 23 very [tight] in the hallway. 24 SERGEANT WARNKE: Did the person with the 16 Roomian & Associates, (415) 362-5920 SFPD 110796498 000414 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 knife say anything? 2 OFFICER FILAMOR: No. 3 SERGEANT WARNKE: And what did the person 4 5 with the knives do? OFFICER FILAMOR: The only thing I can 6 remember, uh, I do remember 7 left side of that hallway. 8 SERGEANT WARNKE: Okay. 9 OFFICER FILAMOR: Which we determined later 10 coming from the on to be, uh, a small… 11 SERGEANT WARNKE: Okay. What did do? 12 OFFICER FILAMOR: came out kind of 13 went straight in the hallway, and then 14 turn towards us. 15 16 17 18 19 20 21 SERGEANT WARNKE: Okay. Was walking towards you or running, if you recall? OFFICER FILAMOR: I recall I do recall the look on SERGEANT WARNKE: walking, but face. What was the look on face? OFFICER FILAMOR: It’s, it, the only way I 22 can describe it is 23 and kind of like looking blank. 24 made a SERGEANT WARNKE: had that crazed look—[all] A blank, a blank look? 17 Roomian & Associates, (415) 362-5920 SFPD 110796498 000415 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 OFFICER FILAMOR: Yeah. 2 SERGEANT WARNKE: But 3 4 5 6 7 wasn’t saying anything? OFFICER FILAMOR: No. Not, I can’t recall saying anything. SERGEANT WARNKE: Okay. And you heard ERIW deployed? 8 OFFICER FILAMOR: Yes. 9 SERGEANT WARNKE: How close was the 10 11 12 with the knives to the officer with the ERIW? OFFICER FILAMOR: To the subject with the knife? 13 SERGEANT WARNKE: Yes. 14 OFFICER FILAMOR: I would say either 15 approximately ten feet. 16 SERGEANT WARNKE: Ten feet. 17 OFFICER FILAMOR: That’s just my 18 19 20 21 22 23 24 approximation of that. SERGEANT WARNKE: Did you see the person with the knives get hit with the ERIW? OFFICER FILAMOR: I didn’t see it; I heard the ERIW go off. SERGEANT WARNKE: What happened after the ERIW went off? 18 Roomian & Associates, (415) 362-5920 SFPD 110796498 000416 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 OFFICER FILAMOR: Commands, uh, verbal 2 commands continued from myself and, I believe, I'm 3 hearing many commands, so I can’t really say for 4 sure where it was coming from. But, uh, it as at 5 that point that 6 continued to advance towards us. And as I 7 mentioned, and that’s when Officer Heppler, uh, 8 discharged his weapon. 9 10 continued to, or the subject SERGEANT WARNKE: Did you see Officer Heppler discharge his weapon? 11 OFFICER FILAMOR: I heard the shot. 12 SERGEANT WARNKE: How many shots? 13 OFFICER FILAMOR: I don’t know. 14 SERGEANT WARNKE: At least one? 15 OFFICER FILAMOR: I can’t say for sure. 16 SERGEANT WARNKE: But you heard at least 17 18 19 20 21 22 one. Right? OFFICER FILAMOR: I heard at least one, yeah. SERGEANT WARNKE: Okay. How did you know that it was Officer Heppler? OFFICER FILAMOR: Because he was directly 23 next to me, uh, and he was the only one with, uh, 24 another firearm, as far as I can recall, and 19 Roomian & Associates, (415) 362-5920 SFPD 110796498 000417 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 Officer Ison with the ERIW. 2 SERGEANT WARNKE: 3 Heppler give any commands? 4 OFFICER FILAMOR: 5 I can’t say for sure that it was coming from him. SERGEANT WARNKE: 6 7 Did you hear Officer Can you say for sure that it wasn’t? 8 OFFICER FILAMOR: No. 9 SERGEANT WARNKE: So, it could have been. 10 OFFICER FILAMOR: What, what, here’s what’s 11 happening [inaudible]. We’re all giving verbal 12 commands and sometimes, you know, we were drowning 13 out each other from the loud verbal commands, so I 14 can’t say it was, for sure, 100 percent certainty. SERGEANT WARNKE: 15 16 Okay. Did the person with the knives ever say anything after? 17 OFFICER FILAMOR: No. 18 SERGEANT WARNKE: What happened to the 19 person who officer, who shot at, what happened to 20 them? 21 OFFICER FILAMOR: The subject? 22 SERGEANT WARNKE: Yes. 23 OFFICER FILAMOR: The one I remember is 24 when continued to advance towards us, uh, shots, 20 Roomian & Associates, (415) 362-5920 SFPD 110796498 000418 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 shots were fired and 2 of us. went down directly in front 3 SERGEANT WARNKE: What happened after that? 4 OFFICER FILAMOR: Uh, we…I kept telling the 5 other officer, uh, to maintain the hallway, because 6 we don’t know how many suspects we have at this 7 point. You know, I have to assume there was another 8 one. Uh, we secured the knife and made sure, made 9 sure that it was out of hands, and that’s when 10 I, me and Officer Ison together, continued down the 11 hallway. SERGEANT WARNKE: 12 Where were the knives 13 when you said you secured them? At that point, 14 where were they? OFFICER FILAMOR: 15 16 They were on the ground, with, uh, the suspect’s hands. 17 SERGEANT WARNKE: In one of hands or? 18 OFFICER FILAMOR: You know, I can’t recall, 19 Sergeant. I know I end up kicking one with my left 20 foot, uh, you know, securing it, so it’s not near 21 the… 22 23 24 SERGEANT WARNKE: I'm going to show you a photo of the front entrance. OFFICER FILAMOR: Yes, sir. 21 Roomian & Associates, (415) 362-5920 SFPD 110796498 000419 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 SERGEANT WARNKE: That you described 2 earlier. You described blood on the ground, is 3 that…? 4 OFFICER FILAMOR: 5 UNKNOWN: 6 7 8 9 That, that’s it. Okay. Which, Officer Heppler on your right or your left? OFFICER FILAMOR: As we made it up the stairway, he was on my right. SERGEANT WARNKE: Okay. I'm going to show 10 you this photo. This is a photo of the hallway 11 looking, this is facing, you’re standing east, 12 facing west down the hallway. 13 OFFICER FILAMOR: Yes. 14 SERGEANT WARNKE: Okay. Can you point out 15 16 where you were in that photo? OFFICER FILAMOR: Initially, when we first 17 came up the top of the stairway, I don’t know, can 18 you guys see? 19 SERGEANT WARNKE: Yeah, I can. 20 OFFICER FILAMOR: This is the top of the 21 stairway. 22 SERGEANT WARNKE: Okay. 23 OFFICER FILAMOR: Officer Carrasco was 24 ahead of me, and me and ERIW were kind of like 22 Roomian & Associates, (415) 362-5920 SFPD 110796498 000420 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 directly, just behind him, and Officer Heppler was 2 initially, uh, somewhere on my right side. Officer 3 Carrasco located the body, he went straight and he 4 told us that he was going to go grab 5 stab wounds, 6 of here. Right? So, as he pulled the body—I can’t 7 recall how he grabbed 8 very tight area. 9 got bleeding, we got to get As he grabbed out Now remember, this is a we retreated back almost— 10 there’s another room right here, almost to the 11 point where this wooden railing. We retreated back 12 that way to make room. Now, at that point, as I 13 mentioned, that’s when we sort of lost position 14 with me and the ERIW. Now, uh, Heppler was 15 directly, almost to my right side, but just 16 slightly forward of me. 17 SERGEANT WARNKE: Okay. 18 OFFICER FILAMOR: And it was at that point 19 that the suspect comes out on the left side. I 20 don’t know if you have another photo, but 21 out of the left side first. If the room is here, 22 would come out straight and then made a right turn. comes 23 SERGEANT WARNKE: Okay. 24 ATTORNEY SHEA: I'm, I'm sorry. When you 23 Roomian & Associates, (415) 362-5920 SFPD 110796498 000421 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 say right turn, you mean 2 west? This being, west being…? 3 OFFICER FILAMOR: came out and was facing Yeah. I mean if 4 standing right here in one of the rooms, my 5 recollection i 6 then [made] boom, towards us. 7 came out first this way, and ATTORNEY SHEA: 8 be, if was, 9 direction? was Towards you, which would started moving in a westerly 10 OFFICER FILAMOR: Yes, right towards us. 11 ATTORNEY SHEA: Okay. 12 SERGEANT WARNKE: I want you to mark, right 13 on this, [and then] I showed you this photo. 14 OFFICER FILAMOR: Okay. 15 SERGEANT WARNKE: Did you fire your weapon? 16 OFFICER FILAMOR: I did not. 17 SERGEANT WARNKE: You didn’t? And the 18 19 20 reason you didn’t fire was? OFFICER FILAMOR: When we were making the movements, we were losing our, our position. 21 SERGEANT WARNKE: Uh-huh. 22 OFFICER FILAMOR: When the subject came 23 out, uh, we were moving to the point where Officer 24 Heppler was in my line of fire. 24 Roomian & Associates, (415) 362-5920 SFPD 110796498 000422 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 SERGEANT WARNKE: 2 when this 3 knives? 4 Okay. How did you feel coming towards you with these OFFICER FILAMOR: I, I felt that my life 5 and the officers on scene were in great danger, 6 especially for, uh, the short distance of where 7 came out from. 8 9 10 11 12 13 14 SERGEANT WARNKE: And when Officer Heppler fired his weapon, how close do you think the suspect was to you? OFFICER FILAMOR: Probably less than ten feet, and this happened very quickly. SERGEANT WARNKE: Have you ever been to that residence before? 15 OFFICER FILAMOR: Never. 16 SERGEANT WARNKE: You ever seen any of the 17 people involved before? 18 OFFICER FILAMOR: No. 19 SERGEANT WARNKE: Did you interview anybody 20 afterwards? 21 OFFICER FILAMOR: No. 22 SERGEANT WARNKE: Now, you mentioned 23 Officer Carrasco said something like 24 bleeding, we’ve got to get out of here. How 25 Roomian & Associates, (415) 362-5920 SFPD 110796498 000423 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 long was it between the time Officer Carrasco 2 said…you, you go up there and he said 3 bleeding, to pulling 4 less, the ERIW shot being fired, if you remember? 5 OFFICER FILAMOR: back to the actual first It was very quickly, you 6 know. It could be five seconds, it could be ten 7 seconds, it was that quick. 8 SERGEANT WARNKE: So, it was very quickly? 9 OFFICER FILAMOR: Yes. 10 SERGEANT WARNKE: And how long between the 11 ERIW and the shot that you described Officer… 12 OFFICER FILAMOR: Two seconds. 13 SERGEANT WARNKE: Uh, Sergeant, 14 15 16 [inaudible]? SERGEANT BRACONI: Uh, a couple of questions. 17 OFFICER FILAMOR: Yes. 18 SERGEANT BRACONI: Earlier you mentioned you 19 waited, you used the term waited, but it doesn’t 20 sound like there was a whole lot of time for 21 waiting. So, can you just clarify how much time 22 actually elapsed between the time you arrived and 23 you made entry into the house? 24 OFFICER FILAMOR: When I say waited, I mean 26 Roomian & Associates, (415) 362-5920 SFPD 110796498 000424 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 2 3 until he was ready with the ERIW. That, that… SERGEANT BRACONI: Are we talking seconds or are we talking minutes? 4 OFFICER FILAMOR: Uh, seconds. 5 SERGEANT BRACONI: Right. Okay. That’s what 6 I wanted to clarify, but it sounded to me, but I 7 just wanted to make sure. 8 OFFICER FILAMOR: 9 want to go in without him. 10 [The matter] was I didn’t SERGEANT BRACONI: Right. Okay. And then, 11 when you say they, you entered, the four of you 12 entered. It was just the four of you—Ison, 13 yourself, Carrasco, and Heppler? 14 OFFICER FILAMOR: No. It was Sergeant Gray. 15 SERGEANT BRACONI: Where was Sergeant Gray 16 17 18 19 at that point? OFFICER FILAMOR: Initially, he was in front of me, uh, at the bottom. SERGEANT BRACONI: Okay. Could you describe 20 for me, let me rephrase the question then. Can you 21 describe the 22 house? 23 24 order as you entered the OFFICER FILAMOR: As far as my recollection, uh, initially, uh, this picture. 27 Roomian & Associates, (415) 362-5920 SFPD 110796498 000425 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 SERGEANT BRACONI: Yeah? 2 OFFICER FILAMOR: I was at the rear and 3 Ison, we’re together. 4 SERGEANT BRACONI: You and Ison were? So, so 5 start from the entry, threshold into the unit, and 6 work your way backwards. So, who was, who was first 7 in the threshold? 8 9 OFFICER FILAMOR: My recollection was the 35 units were already there and they were already 10 making entry, so I followed quickly. Ison was, was 11 just in front of me, but Sergeant Gray was also in 12 front of me, so I had to make way and I went ahead 13 of him. This is way, you know, when, when we 14 entered. 15 SERGEANT BRACONI: Okay. 16 OFFICER FILAMOR: So, by the time we 17 entered the stairway, which is immediately when you 18 enter the doorway, uh, we were going up there. I 19 believe it was me, it’s Carrasco, Heppler, me, and 20 Ison. 21 SERGEANT BRACONI: Okay. 22 OFFICER FILAMOR: Then coming, coming 23 really, very quickly. 24 SERGEANT BRACONI: Right up the stairs? 28 Roomian & Associates, (415) 362-5920 SFPD 110796498 000426 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 OFFICER FILAMOR: Yes. 2 SERGEANT BRACONI: Okay. And then, and then 3 trailing was Gray? 4 OFFICER FILAMOR: Yes. 5 SERGEANT BRACONI: Okay. 6 OFFICER FILAMOR: Now, I, I'm assuming he 7 was trailing, but I did not see him. 8 SERGEANT BRACONI: You didn’t look back? 9 OFFICER FILAMOR: Well, we were too busy. SERGEANT BRACONI: I… Okay. Uh, you 10 11 established yourself as the cover. 12 OFFICER FILAMOR: Yes. 13 SERGEANT BRACONI: Uh, Ison was just ahead 14 of you with the ERIW. 15 OFFICER FILAMOR: Yes. 16 SERGEANT BRACONI: Okay. Did you have your 17 gun drawn at that time? 18 OFFICER FILAMOR: Yes. 19 SERGEANT BRACONI: Okay. Did you notice if, 20 uh, Carrasco or Heppler had their gun drawn at that 21 time? 22 OFFICER FILAMOR: I did not see them. 23 SERGEANT BRACONI: Uh, okay. Now, if you 24 recall, and all this is if you recall by the way. 29 Roomian & Associates, (415) 362-5920 SFPD 110796498 000427 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 OFFICER FILAMOR: Yes. 2 SERGEANT BRACONI: So, if you don’t recall, 3 just tell me you don’t recall, but was the 4 do you remember how the with, with 5 was positioned? Was face upward? Was chest down? Was , chest up? 6 Was head facing east or 7 west? Do you remember any of the positioning of the 8 9 10 11 12 13 OFFICER FILAMOR: I can’t recall if it was face down or face up. I do, however, recall that feet was towards us. SERGEANT BRACONI: Towards you, meaning to the west? 14 OFFICER FILAMOR: Uh… 15 ATTORNEY SHEA: Can you show that 16 photograph again? 17 SERGEANT WARNKE: Yeah, sure. 18 OFFICER FILAMOR: Meaning at the hallway, 19 20 directly… SERGEANT WARNKE: This is the same photo 21 that I showed you earlier. It’s the hallway with 22 evidence markers on it. 23 24 OFFICER FILAMOR: Well, it’s not, the hallway’s not going to show it, but the hallway is 30 Roomian & Associates, (415) 362-5920 SFPD 110796498 000428 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 2 3 here. SERGEANT WARNKE: [The vic], if it were extended. 4 SERGEANT BRACONI: Yeah. 5 OFFICER FILAMOR: Right, and 6 7 8 9 feet is, my recollection, is pointed towards us. SERGEANT BRACONI: All right. Okay. And did you observe any injuries on that OFFICER FILAMOR: I didn’t know exactly 10 where it was coming from, I could see the blood on, 11 on the ground, directly in the area. 12 13 SERGEANT BRACONI: In the area of the body? 14 OFFICER FILAMOR: Yes. 15 SERGEANT BRACONI: Okay. Uh, okay. And then 16 when you say we went to the back, you were 17 referring, I think you clarified it as, I just want 18 to make sure, you and Ison? 19 OFFICER FILAMOR: Yes. 20 SERGEANT BRACONI: Went to the back to clear 21 the rest of the house. 22 OFFICER FILAMOR: Yes. 23 SERGEANT BRACONI: Had you seen the other 24 at that point? 31 Roomian & Associates, (415) 362-5920 SFPD 110796498 000429 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 OFFICER FILAMOR: I did not see until 2 we kicked, uh, Officer Ison kicked the door, and 3 that was when 4 the door, and we dragged 5 was standing pretty much close to SERGEANT BRACONI: out to the ground. Okay. Do you remember 6 saying anything at that time? Any spontaneous 7 statements or anything at all? 8 OFFICER FILAMOR: No. 9 SERGEANT BRACONI: Okay. Going back to the 10 suspect. When 11 on that suspect? came out, did you notice any blood 12 OFFICER FILAMOR: I couldn’t tell, Sarge. 13 SERGEANT BRACONI: Okay. But you did see a 14 knife for sure? 15 OFFICER FILAMOR: Yes. 16 SERGEANT BRACONI: Were you surprised when 17 you saw the suspect? Did 18 popped out? 19 20 OFFICER FILAMOR: surprise you when It surprised me to the point where, because of the close proximity. 21 SERGEANT BRACONI: Yeah. 22 OFFICER FILAMOR: Uh, that 23 24 can cover a very short distance with those two knives. SERGEANT BRACONI: So, you were surprised? 32 Roomian & Associates, (415) 362-5920 SFPD 110796498 000430 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 OFFICER FILAMOR: Yes. 2 SERGEANT BRACONI: You weren’t expecting 3 4 5 to come out at you? OFFICER FILAMOR: I wouldn’t say I wasn’t expecting it, I was expecting anything. 6 SERGEANT BRACONI: You were on the alert. 7 OFFICER FILAMOR: Yes. 8 SERGEANT BRACONI: For the situation. 9 OFFICER FILAMOR: Yes. SERGEANT BRACONI: But that individual, you 10 11 12 had no idea was, was hiding in the bathroom? OFFICER FILAMOR: I wouldn’t say I had no 13 idea, I, I’d say that I was alert and I was 14 expecting it. But for 15 that obviously, the alarm bells start going off. 16 SERGEANT BRACONI: to come out just like Okay. Just to clarify 17 though, you had no prior knowledge that there was 18 somebody in the bathroom? 19 OFFICER FILAMOR: Absolutely not. 20 SERGEANT BRACONI: Okay. That’s what I was 21 getting at. 22 OFFICER FILAMOR: No. 23 SERGEANT BRACONI: Okay. That’s all I have, 24 thanks. 33 Roomian & Associates, (415) 362-5920 SFPD 110796498 000431 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 SERGEANT WARNKE: I just want to show you a 2 photo. This is, uh, a photo and there’s evidence 3 marker number six of the knives. 4 OFFICER FILAMOR: Yes. 5 SERGEANT WARNKE: Do you recognize those? 6 OFFICER FILAMOR: Yes. 7 SERGEANT WARNKE: What are those from? 8 OFFICER FILAMOR: Those were from the 9 10 11 12 13 14 15 16 17 suspect. SERGEANT WARNKE: Okay. Now, did they… you mentioned you stepped on one? OFFICER FILAMOR: Well, I didn’t step on it. I believe, just to secure it out of SERGEANT WARNKE: hands. Okay. So, did you place these knives in this position? OFFICER FILAMOR: I can’t recall that that was exactly how [it would] end up. 18 SERGEANT WARNKE: Okay. 19 OFFICER FILAMOR: End up, I know I took one 20 out from 21 that’s exactly where it ended up being. 22 23 24 hands, and I don’t know if that’s, SERGEANT WARNKE: the knives that Okay. Do those look like , the person had in OFFICER FILAMOR: hand? Yes. 34 Roomian & Associates, (415) 362-5920 SFPD 110796498 000432 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 SERGEANT WARNKE: Okay. 2 OFFICER FILAMOR: Yes. 3 SERGEANT WARNKE: All right. We’re going to 4 just take a short break. Uh, Sergeant Braconi and I 5 are going to confer real quick, and we’ll be right 6 back. 7 OFFICER FILAMOR: 8 [Both Sergeants briefly leave room. Recorder 9 10 11 12 All right. is left running.] SERGEANT WARNKE: Any further questions Investigators? DAI POSADA: I just have, just have a 13 couple. Uh, Officer Filamor, when you’re at the top 14 of the hallway and, uh, Officer Ison has the ERIW 15 deployed, when a, when a person deploys an ERIW or 16 they’re assigned to it, they’re essentially 17 vulnerable. Their hands are tied up, is that 18 correct? 19 OFFICER FILAMOR: 20 DAI POSADA: 21 Yes. Okay. Hence, the cover officer? 22 OFFICER FILAMOR: 23 DAI POSADA: 24 Yes. Uh, Officer Ison, was he in full police uniform? 35 Roomian & Associates, (415) 362-5920 SFPD 110796498 000433 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 OFFICER FILAMOR: 2 DAI POSADA: 3 Yes. And you were in full police uniform? 4 OFFICER FILAMOR: Yes. 5 SERGEANT WARNKE: Uh, and as this 6 appeared in the hallway, uh, it was Officer Ison at 7 the front of the, of 8 followed with you two at his right? 9 , so to speak, OFFICER FILAMOR: That is exactly what 10 happened because of the movements we were making, 11 and that’s, uh, that’s what I was attributing it 12 to, that we were temporarily out of position 13 because of Officer Carrasco moving the body and 14 because there was nowhere for Officer Ison to go as 15 we were retreating back. So, it kind of left him 16 sort of temporarily in the front, and that’s when 17 everything started happening very quickly. 18 19 DAI POSADA: Okay. And you’re to his right and Officer, uh, Eckler… 20 OFFICER FILAMOR: 21 DAI POSADA: 22 Heppler. Heppler is to your right, slightly in front of you? 23 OFFICER FILAMOR: 24 DAI POSADA: Yes. Okay. So, when this 36 Roomian & Associates, (415) 362-5920 SFPD 110796498 000434 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 2 3 4 5 6 7 emerged, had two knives in OFFICER FILAMOR: Yes. I can’t recall if was holding it in two hands or one hand. DAI POSADA: Okay. And you heard the, uh, ERIW deploy? OFFICER FILAMOR: Well, I heard the verbal commands, including me giving commands. 8 DAI POSADA: 9 OFFICER FILAMOR: 10 11 12 13 14 15 16 17 18 19 Okay. And that’s when he, he, uh, fired the ERIW. DAI POSADA: Okay. And when the ERIW was deployed, what did the OFFICER FILAMOR: kept, It was not effective and kept advancing towards us; kept coming. DAI POSADA: Okay. I have no other questions. ADA SULLIVAN: Yeah. So, you were just a touch behind Officer Heppler. Is that correct? 20 OFFICER FILAMOR: 21 ADA SULLIVAN: 22 hands you said? Yes. And at that time, did you have your firearm out? 23 OFFICER FILAMOR: 24 ADA SULLIVAN: Yes. Uh, and how far behind Officer 37 Roomian & Associates, (415) 362-5920 SFPD 110796498 000435 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 Heppler were you? 2 OFFICER FILAMOR: 3 directly right next to me. ADA SULLIVAN: I, I'm talking he’s 4 So, uh, if the subject was 5 approximately ten feet from you, 6 say, eight or nine feet from Officer Heppler. Would 7 that be correct? OFFICER FILAMOR: 8 9 10 11 be, let’s Yeah, that’d be safe to say. ADA SULLIVAN: Okay. And at that time, did you fear for your own safety? 12 OFFICER FILAMOR: 13 ADA SULLIVAN: Yes. Had you been in front of 14 Officer Heppler, and Officer Heppler had been 15 behind you, would you have fired your weapon? 16 OFFICER FILAMOR: 17 ADA SULLIVAN: 18 SERGEANT WARNKE: All right. 19 ATTORNEY SHEA: Uh, can I see that, the 20 Yes. I have no further questions. picture of the hallway again? 21 SERGEANT WARNKE: Sure. 22 ATTORNEY SHEA: Thanks. So, Officer, uh, 23 before…I'm going to ask you a question about that 24 in a second. As you…what are the officers, how are 38 Roomian & Associates, (415) 362-5920 SFPD 110796498 000436 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 the officers announcing their presence as they’re 2 going up the stairs? 3 4 5 6 7 8 9 OFFICER FILAMOR: Police, Police, San Francisco Police. ATTORNEY SHEA: And all of the officers are saying that as you’re entering the residence? OFFICER FILAMOR: As far as my recollection, including myself. ATTORNEY SHEA: Okay. So, and Officers, 10 uh, Carrasco and Heppler are carrying their 11 sidearms? 12 OFFICER FILAMOR: Yes. 13 ATTORNEY SHEA: And you’re carrying your 14 sidearm. Right? 15 OFFICER FILAMOR: Yes. 16 ATTORNEY SHEA: Okay. And then, uh, 17 who…and when you get to the top of the stairs, who, 18 did somebody clear these areas that are at the 19 western end of the home? 20 OFFICER FILAMOR: You know, I can’t even 21 recall if we did that, because we immediately 22 located the body. And me, being pretty much on the, 23 on the rear, you know, I kept my eye, you know, 24 doing this, but I had my weapon, pretty much, going 39 Roomian & Associates, (415) 362-5920 SFPD 110796498 000437 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 2 3 down the hallway, based on where the body was. ATTORNEY SHEA: Which way did you turn first? 4 OFFICER FILAMOR: As I made my stairway? 5 ATTORNEY SHEA: Yes. 6 OFFICER FILAMOR: Well, as I'm going up the 7 stairway, my weapon was already trained going up 8 this way, since the other officers had this 9 covered. 10 11 ATTORNEY SHEA: Okay. So, and, and which way was the, which way was…excuse me one second. 12 OFFICER FILAMOR: That’s… 13 ATTORNEY SHEA: Let’s deal with that. 14 [Unintelligible conversation.] 15 ATTORNEY SHEA: 16 Uh, so, did, did the ERIW and you’re the cover for the ERIW. Correct? 17 OFFICER FILAMOR: Yes. 18 ATTORNEY SHEA: Okay. Did you, did the 19 two of you reach the top of the stairs and clear 20 the western end of the building? 21 22 OFFICER FILAMOR: Well, I don’t recall doing that. 23 ATTORNEY SHEA: Okay. 24 OFFICER FILAMOR: I don’t recall doing 40 Roomian & Associates, (415) 362-5920 SFPD 110796498 000438 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 that. Again… 2 ATTORNEY SHEA: 3 who’s in the house. 4 5 6 OFFICER FILAMOR: Because you don’t know We don’t know, and again, everything’s happening very quickly. ATTORNEY SHEA: Okay. And the reason I'm 7 asking that question, because it seems as though 8 Heppler ends up facing the 9 OFFICER FILAMOR: Yes. ATTORNEY SHEA: And the ERIW is not on 10 11 with the knife. point. 12 OFFICER FILAMOR: No. 13 ATTORNEY SHEA: So, it ended up behind 14 Heppler at some point. Is that, I'm just trying to 15 clarify where it was in relation to the suspect. 16 OFFICER FILAMOR: You know, I can’t really 17 recall when the shots were fired, exactly where 18 Ison was. 19 ATTORNEY SHEA: Okay. 20 OFFICER FILAMOR: But… 21 ATTORNEY SHEA: Because as you reach the 22 top of the stairs, there are two directions you can 23 go. You can go to the front of the house or the 24 back of the house. 41 Roomian & Associates, (415) 362-5920 SFPD 110796498 000439 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 OFFICER FILAMOR: Right, right. 2 ATTORNEY SHEA: Okay. I'm just trying to 3 figure out who went where and if you don’t know, 4 that’s cool. I'm just trying to figure it out. 5 OFFICER FILAMOR: But you can see from this 6 photo, and you have to be on scene to figure out 7 that this is very close quarters. 8 ATTORNEY SHEA: Yes. 9 OFFICER FILAMOR: If you have to put two 10 bodies in just the width of the hallway, we’re 11 talking there’s a traffic jam in there, especially 12 with the ERIW. You know, it’s kind of awkward, it’s 13 kind of long. 14 ATTORNEY SHEA: Right. It’s basically, 15 uh, an 870 shotgun. Right? 16 OFFICER FILAMOR: Pretty much. 17 ATTORNEY SHEA: It’s a, it’s a long gun. 18 OFFICER FILAMOR: Yeah. 19 ATTORNEY SHEA: Okay. I understand. All 20 right. I…maybe you… 21 22 DAI POSADA: I'll follow-up with one more question. 23 ATTORNEY SHEA: 24 DAI POSADA: Yeah, go ahead. Uh, at the time that Officer 42 Roomian & Associates, (415) 362-5920 SFPD 110796498 000440 Officer Joseph Filamor, #213 – OIS 110 796 498 10/03/2011 1 Heppler fired at the subject, uh, Officer Heppler 2 was in plainclothes, but you and Officer Ison were 3 fully uniformed. Correct? 4 OFFICER FILAMOR: 5 DAI POSADA: Yes. So, the subject would have, 6 was there anything obstructing 7 there were two uniformed officers facing 8 angle]? 9 OFFICER FILAMOR: Well, view seeing that [at an would have 10 definitely, uh, have seen Officer Ison, uh, in full 11 uniform. Now, as far as 12 the shots were fired, I'm probably, 13 see me on, on this end of me. 14 DAI POSADA: 15 OFFICER FILAMOR: 16 DAI POSADA: 17 OFFICER FILAMOR: initially, uh, before can probably Half of you, right down the… Well, I wouldn’t say… Roughly? Approximately, until the 18 shots were fired. Now, 19 down, then I'm in full view. 20 DAI POSADA: 21 SERGEANT WARNKE: going forward, going Okay. Thank you. Any other questions? All 22 right. It’s approximately 1415, I'll conclude this 23 interview. 24 END OF DOCUMENT 43 Roomian & Associates, (415) 362-5920 SFPD 110796498 000441 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 SERGEANT SCOTT WARNKE: This is Scott Warnke, 2 Sergeant, Star number 1397, San Francisco Police 3 Department Homicide Detail. Today is Monday, 4 October 3rd, 2011, it’s approximately 1500 hours. 5 We are in an interview room in the Homicide Detail 6 at the Hall of Justice at 850 Bryant Street. This 7 is an interview regarding Case number 110 796 498 8 and present with me is… 9 10 11 SERGEANT BILL BRACONI: Star 2246, with the Homicide Detail. INV. JIM POSADA: Investigator Jim Posada 12 with San Francisco DA, 7044. 13 ADA MIKE SULLIVAN: 14 Assistant District Attorney. 15 16 17 18 19 Sergeant Braconi, And Mike Sullivan, ATTY CHRISTOPHER SHEA: Christopher Shea, Attorney with the Police Officers Association. OFFICER JASON HERNANDEZ: Officer Jason Hernandez of Richmond Station, Star 1608. SERGEANT WARNKE: And Officer Hernandez, so 20 we’re all clear, this is a voluntary statement. 21 You’re here with counsel, is that true? 22 OFFICER HERNANDEZ: Yes. 23 SERGEANT WARNKE: All right. I'm going to 24 ask you some questions here. What was your date of 1 Roomian & Associates, (415) 362-5920 SFPD 110796498 000442 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 entry, Officer Hernandez? OFFICER HERNANDEZ: 2 3 4 5 6 wa My date of entry for SFPD . SERGEANT WARNKE: Did you have prior experience at all? OFFICER HERNANDEZ: I had prior experience. 7 Uh, it’s about six years’ prior experience with, 8 uh, three years with [unintelligible] PD, uh, one 9 year with Stanislaus County Sheriff’s Department, 10 and approximately two years with Riverbank Police 11 Department. 12 13 SERGEANT WARNKE: How many years with Riverbank? 14 OFFICER HERNANDEZ: Approximately two years. 15 SERGEANT WARNKE: Two. And your current 16 assignment? 17 OFFICER HERNANDEZ: Richmond Station. 18 SERGEANT WARNKE: And how long have you 19 been there? 20 OFFICER HERNANDEZ: Since May of 2001. 21 SERGEANT WARNKE: And where were you prior 22 23 24 to that? OFFICER HERNANDEZ: At Park Station. One year at Park Station and then, uh, I did my, uh, 2 Roomian & Associates, (415) 362-5920 SFPD 110796498 000443 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 2 3 training at Tenderloin. SERGEANT WARNKE: And what shift do you work? 4 OFFICER HERNANDEZ: Day shift, 0600 watch. 5 SERGEANT WARNKE: Today, were you in 6 uniform or plainclothes? 7 OFFICER HERNANDEZ: I was in uniform. 8 SERGEANT WARNKE: Do you have a partner? 9 OFFICER HERNANDEZ: I do not. 10 SERGEANT WARNKE: And your call sign today? 11 OFFICER HERNANDEZ: It’s 3 George 1 Adam. 12 SERGEANT WARNKE: And you were in uniform. 13 Is this the uniform you were wearing? 14 OFFICER HERNANDEZ: It was. 15 SERGEANT WARNKE: Is this what you were 16 wearing on your gun belt? You have your… 17 OFFICER HERNANDEZ: Yes. 18 SERGEANT WARNKE: Good. Just tell me what 19 20 you have on. OFFICER HERNANDEZ: I have my gun belt, my 21 OC, my handcuffs, magazine pouch, my baton, 22 handcuffs. 23 24 SERGEANT WARNKE: Were you in a marked unit? 3 Roomian & Associates, (415) 362-5920 SFPD 110796498 000444 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 OFFICER HERNANDEZ: I was. 2 SERGEANT WARNKE: About 7:15 this morning, 3 there was an incident that occurred on the 600 4 block of Fulton. Can you tell us what you did in 5 regards to that? 6 7 8 9 OFFICER HERNANDEZ: Tell you the whole story? Tell you what? SERGEANT WARNKE: Okay. Tell us what happened. 10 OFFICER HERNANDEZ: It was, uh… 11 ADA SULLIVAN: Funston. 12 SERGEANT WARNKE: Funston? 13 ADA SULLIVAN: You said Fulton. 14 SERGEANT WARNKE: I meant Funston, I'm 15 sorry. 16 ADA SULLIVAN: Funston; it’s all right. 17 SERGEANT WARNKE: The 600 block of Funston. 18 OFFICER HERNANDEZ: Dispatch advised us that 19 there was a stabbing at 6 Funston. Uh, the, uh, I 20 was backing up the responding officer. He arrived 21 there first, I arrived just a few seconds after he 22 did, along with the fire department. Uh, when I 23 arrived there, I saw an 24 the front of the house, or walking near, near the walking out of 4 Roomian & Associates, (415) 362-5920 SFPD 110796498 000445 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 front of the house, holding 2 bleeding. Uh, Officer Wong, who arrived first, 3 escorted and helped, escorted the 4 the ambulance, and then I proceeded to go to the 5 front of the house. 6 hand; was the to And at the time, Officer Ison arrived on 7 scene, and he joined the front of the house, as 8 well as Officer Wong. Uh, they…at that time, we 9 were going to go in, and then I went and had them 10 wait for the ERIW. We got that, came up to the 11 front, and then about that time, Officer Carrasco 12 and Officer Heppler arrived, and it was determined 13 that we would go inside. Officer Ison went in 14 first. I was immediately behind him along…I don’t 15 know the exact order of who was behind me, but it 16 was either Officer Carrasco or Officer Heppler who 17 were right behind me. Uh, we went up…well, prior 18 to, right before going into the house, we 19 identified ourselves SFPD several times. I know I 20 did myself; I did it twice. As we went up the 21 stairs, I was identifying myself two more times. I 22 also heard, uh, Officer Ison identify us. 23 24 As we got up to the top of the stairs, we saw, Officer Ison and I, I saw that there were two 5 Roomian & Associates, (415) 362-5920 SFPD 110796498 000446 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 rooms, one directly in front of us and then one to 2 the right of us. At that point, Officer Ison hooked 3 around the stairs, the top of the stairs, went into 4 the front, it’d be the front bedroom, the front 5 room, whatever. I don’t know what it was, but I 6 hooked around with him. As he, as I hooked around 7 with him, he said that there was a 8 the hallway, face down. Then I looked down the 9 hallway and I could see that 10 was an 11 that 12 13 down in was face down, it wasn’t moving. It was clear was in, in danger, something was…you know, needed medical attention. I hooked around with Officer Ison; followed 14 behind him into the room. Uh, we went in, we 15 cleared that first room. I'm not sure who was in, 16 like I said, I'm not sure who hooked around with me 17 or who was covering down the hallway, where the was at, as we cleared the room. We came back 18 19 out. From there, we went into that first bedroom, 20 the first one we saw. Uh, as we went in there, 21 there was boxes and there was stuff, there was 22 stuff everywhere. So, we went in and started 23 clearing, started clearing out the room the best we 24 could. 6 Roomian & Associates, (415) 362-5920 SFPD 110796498 000447 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 As, as I got first into the room, there was a 1 2 bed there; I started to look around the bed. 3 Officer Ison was right directly to my right, almost 4 even with me. Then I heard behind me, coming from 5 the hallway, officers yelling drop the knife, drop 6 the knife. At that time, Officer Ison went 7 immediately to the door, as I was trying to turn 8 around. I was about knee-deep in boxes and other 9 stuff that was in there. As I got around, turned 10 around, started towards the door, I again heard 11 officers say drop the knife, drop the knife, and 12 then I saw Officer Heppler retreating backwards as 13 a 14 Heppler fire his, his duty weapon. The suspect then 15 fell to the ground. 16 was running towards him, and I saw Officer Uh, at that point, they continued. I think Officer Carrasco grabbed the, uh, the 18 and took out of the house, and then I 19 stayed. At that point, Officer or Sergeant Gray 20 came up. He stood next to me, next to the suspect, 21 as they cleared the rest of, the officers cleared 22 the rest of the house. Once they cleared the house 23 and it was secure, and I was assigned to do the 24 crime scene log. 7 Roomian & Associates, (415) 362-5920 SFPD 110796498 000448 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 SERGEANT WARNKE: Okay. Thank you. All 2 right. So, you’re in uniform. You were the first 3 one in, but you don’t remember 4 what you said? is that 5 OFFICER HERNANDEZ: I was the second one in. 6 SERGEANT WARNKE: The second one in behind? 7 OFFICER HERNANDEZ: Officer Ison. 8 SERGEANT WARNKE: And you don’t know… 9 OFFICER HERNANDEZ: And I don’t know who was, 10 it was either Officer Carrasco or Officer Heppler 11 that’s behind me. 12 13 14 15 SERGEANT WARNKE: Was Officer Ison, what was he wearing? OFFICER HERNANDEZ: He was wearing a police uniform. 16 SERGEANT WARNKE: Okay. Officer Heppler? 17 OFFICER HERNANDEZ: He was wearing 18 19 20 21 22 23 24 plainclothes. SERGEANT WARNKE: Do you remember what he was wearing? OFFICER HERNANDEZ: I don’t remember his clothing. SERGEANT WARNKE: Do you remember if his Star was visible, it was out? 8 Roomian & Associates, (415) 362-5920 SFPD 110796498 000449 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 OFFICER HERNANDEZ: His Star was visible, 2 yes. Both Stars, Officer Carrasco’s and Officer 3 Heppler’s were visible. I could, I see, I remember 4 seeing their Stars, but I don’t remember what their 5 clothing were, what they were wearing. 6 7 SERGEANT WARNKE: Where was Officer Heppler’s Star? 8 OFFICER HERNANDEZ: On his chest. 9 SERGEANT WARNKE: On his chest. Was it 10 hanging around, on his chest? Was it on something 11 or was it affixed to his…? 12 OFFICER HERNANDEZ: I believe, I can’t, I 13 don’t remember if it was dangling hanging. I 14 remember it was on his chest. I don’t know if it 15 was attached or how it was attached. 16 17 SERGEANT WARNKE: What about Officer Carrasco? 18 OFFICER HERNANDEZ: The same. 19 SERGEANT WARNKE: The same. Clothing? 20 OFFICER HERNANDEZ: Uh, I don’t remember his 21 22 clothing. SERGEANT WARNKE: Okay. Do you remember if 23 there was anybody else? Any other uniformed 24 officers? 9 Roomian & Associates, (415) 362-5920 SFPD 110796498 000450 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 OFFICER HERNANDEZ: Uh, I believe Officer 2 Filamor came up to the rear. I'm not, I'm…I didn’t 3 look. At that point, I didn’t look back, who was 4 behind me. I kept looking forward at Officer Ison. 5 SERGEANT WARNKE: Okay. What was said 6 outside? You mentioned that you said let’s wait, 7 let’s wait for less-lethal. 8 OFFICER HERNANDEZ: I, yeah, I said that. 9 SERGEANT WARNKE: You said that; less- 10 lethal arrived. Did you hear anything coming from 11 inside of the house? 12 13 14 15 16 OFFICER HERNANDEZ: I did not hear anything at all. SERGEANT WARNKE: So, what was your, why did you guys go in the house? OFFICER HERNANDEZ: Well, I, we believed that 17 the suspect was inside the house. We also believed 18 that there may be more victims inside that needed 19 our help. 20 21 22 SERGEANT WARNKE: see the Okay. So, you arrive. You bleeding. OFFICER HERNANDEZ: Yes. It’s apparent that 23 that somebody was hurt, possibly more people hurt. 24 We needed to get inside, we needed to help them. 10 Roomian & Associates, (415) 362-5920 SFPD 110796498 000451 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 SERGEANT WARNKE: 1 2 OFFICER HERNANDEZ: SERGEANT WARNKE: OFFICER HERNANDEZ: We’re talk…possibly 45 seconds, a minute maybe. SERGEANT WARNKE: 9 10 How long were you out front before you went in? 7 8 did not say anything to me. 5 6 ay anything to you that was bleeding? 3 4 Did the to Did you see the prior being…this incident today? OFFICER HERNANDEZ: See which, what, which 13 SERGEANT WARNKE: The 14 OFFICER HERNANDEZ: The suspect? 15 SERGEANT WARNKE: I'll refer to 11 12 16 one? , the suspect. suspect. 17 OFFICER HERNANDEZ: I've never see 18 SERGEANT WARNKE: Did you see 19 prior to OFFICER HERNANDEZ: 21 SERGEANT WARNKE: 23 24 today, prior to you…? 20 22 as the [Uh-uh.] Okay. You didn’t see in the hallway? OFFICER HERNANDEZ: I saw running. I saw Officer Heppler retreating back, down the hallway, 11 Roomian & Associates, (415) 362-5920 SFPD 110796498 000452 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 and I saw a 2 just saw a 3 4 5 6 . I didn’t, I couldn’t see who. I running towards with a knife in right-hand, held up. SERGEANT WARNKE: A knife in right hand? OFFICER HERNANDEZ: Yeah. I couldn’t, I 7 didn’t see the face and I saw the knife. I saw 8 Officer Heppler retreating, and then I, I started 9 to look, and then I pulled back as Heppler, because 10 11 12 just rushed right…I mean SERGEANT WARNKE: OFFICER HERNANDEZ: 14 couldn’t, I don’t know. 16 Okay. How many shots did you hear? 13 15 flew right back. SERGEANT WARNKE: I heard like, you know, I But you did hear people saying…? 17 OFFICER HERNANDEZ: I did hear shots. 18 SERGEANT WARNKE: Did you hear what people 19 20 21 22 were saying though, prior to the shots? OFFICER HERNANDEZ: Drop the knife. Drop the knife, drop the knife. SERGEANT WARNKE: Do you know specifically 23 who said that? Could you put the voice to the 24 words, to a face? 12 Roomian & Associates, (415) 362-5920 SFPD 110796498 000453 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 OFFICER HERNANDEZ: I cannot. 2 SERGEANT WARNKE: But you did hear it? 3 OFFICER HERNANDEZ: I did hear it. 4 SERGEANT WARNKE: How many times? 5 OFFICER HERNANDEZ: Several times, it was 6 continuous. SERGEANT WARNKE: 7 All right. I have some 8 photos here. Before I show them to you, I just want 9 to look through them. What type of room were you in 10 when you heard the shots? OFFICER HERNANDEZ: 11 I believe it was a 12 bedroom. There was a bed. There was a bed that I 13 was standing next to, but I mean it was just, there 14 was stuff everywhere, so I'm not quite sure what 15 kind of room it was. SERGEANT WARNKE: 16 Okay. I'm going to show 17 you, uh, a photo of a room here. Do you see this 18 photo right here? Is that the room that you were 19 in? 20 21 22 23 24 OFFICER HERNANDEZ: That’s the initial room that we were in. SERGEANT WARNKE: That’s the initial room you were in. OFFICER HERNANDEZ: Yes. 13 Roomian & Associates, (415) 362-5920 SFPD 110796498 000454 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 SERGEANT WARNKE: And that’s the photo of, 2 I'll call that the living room. That’s [inaudible] 3 west side of the house. 4 5 ATTORNEY SHEA: Do you want to write that? 6 SERGEANT WARNKE: 7 [Unintelligible due to paper rustling.] 8 SERGEANT WARNKE: 9 10 11 12 Please. Was this the, that bedroom? OFFICER HERNANDEZ: That’s the room that I was in. SERGEANT WARNKE: Okay. This is the room 13 that you were in when you saw the person run by? 14 Okay. Was the person running with the knife, did 15 16 did say anything? OFFICER HERNANDEZ: I didn’t hear say 17 anything. Alls I could hear was drop the knife, 18 drop the knife, drop the knife. And they started, 19 they go drop the knife, drop the knife, and then it 20 was just continuous drop the knife, drop the knife. 21 22 SERGEANT WARNKE: And you heard, you don’t know how many shots you heard? 23 OFFICER HERNANDEZ: I don’t know. 24 SERGEANT WARNKE: Have you ever been to 14 Roomian & Associates, (415) 362-5920 SFPD 110796498 000455 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 that residence before? OFFICER HERNANDEZ: 2 3 I don’t recall, but I believe I don’t think I have. SERGEANT WARNKE: 4 5 the 6 You saw Did you ever, you did see that one of the officers was taking away? 7 OFFICER HERNANDEZ: Yes. 8 SERGEANT WARNKE: So, if I can go back. You 9 respond, comes out, bleeding. You 10 believe there could be the suspect, maybe more 11 victims inside. Wait for the ERIW, you make entry, 12 you and Ison go up the stairs, hook to the right, 13 clear a room. You were in another room, you hear 14 drop the knife, drop the knife. You see Officer 15 Ison retreating backwards. You see the… 16 17 OFFICER HERNANDEZ: Officer Ison heads towards the… 18 SERGEANT WARNKE: Heads towards the… 19 OFFICER HERNANDEZ: The entry to the other 20 21 room that we’re in. Officer Heppler was retreating. SERGEANT WARNKE: Okay. Officer Heppler was 22 retreating; Officer’s Heppler’s coming back. 23 Officer Ison…then you heard, you saw a 24 knife go by the room. with a 15 Roomian & Associates, (415) 362-5920 SFPD 110796498 000456 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 OFFICER HERNANDEZ: 2 towards Officer Heppler. So, 3 by the room, Officer Heppler went by the room, and 4 the 5 the knife. 6 7 8 9 Not by the room, coming didn’t actually go the suspect was running towards SERGEANT WARNKE: with So, where were you standing? OFFICER HERNANDEZ: I was heading, I was…so, if you’re in the room, you turn, you’re facing the 10 bed; I turned around. I was heading right towards 11 the entry of, of the door when I was hearing drop 12 the knife, drop the knife, and then Officer Heppler 13 goes flying by. And then I… 14 15 ATTORNEY SHEA: You’re headed back towards the stairwell, out of the room? 16 OFFICER HERNANDEZ: Yes, towards the front. 17 SERGEANT WARNKE: You’re headed out of the 18 room? 19 OFFICER HERNANDEZ: Out of the room. 20 SERGEANT WARNKE: Okay. 21 OFFICER HERNANDEZ: Towards Officer, towards 22 23 24 where everybody’s saying drop the knife. SERGEANT WARNKE: Okay. All right. And then you heard a shot? 16 Roomian & Associates, (415) 362-5920 SFPD 110796498 000457 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 OFFICER HERNANDEZ: 1 Drop the knife, drop the 2 knife. Officer Heppler comes retreating backwards 3 and then I hear shots. SERGEANT WARNKE: 4 5 Okay. And then Officer Carrasco? OFFICER HERNANDEZ: 6 And then I saw the 7 suspect fall. Then I peeked around and then I saw, 8 I, I can’t, I don’t know if the 9 think the 10 was… No, I was gone at that point; I don’t recall. SERGEANT WARNKE: 11 Okay. It’s okay. All 12 right. How did you…what were you thinking when you 13 heard drop the knife, drop the knife? OFFICER HERNANDEZ: 14 I thought some, 15 somebody had a knife in their hand. They were 16 facing down at the end of the hallway and I didn’t 17 know if 18 the suspect was coming or if 19 there with the knife. So, once I saw Officer 20 Heppler, it was obvious that the suspect was 21 advancing towards me. 22 SERGEANT WARNKE: Did you have your weapon OFFICER HERNANDEZ: I did. 23 24 was… At that time, I didn’t know if was just standing out? 17 Roomian & Associates, (415) 362-5920 SFPD 110796498 000458 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 SERGEANT WARNKE: Okay. Sergeant Braconi? 2 SERGEANT BRACONI: How’s it going? 3 OFFICER HERNANDEZ: Good. 4 SERGEANT BRACONI: Uh, just a couple of 5 things just to clarify. So, you were in that 6 bedroom with Officer Ison. Right? 7 OFFICER HERNANDEZ: Yes. 8 SERGEANT BRACONI: Okay. Officer Ison had 9 the ERIW. Correct? 10 OFFICER HERNANDEZ: Yes. 11 SERGEANT BRACONI: Okay. At what point does 12 Officer Ison start heading to that doorway with the 13 ERIW? 14 OFFICER HERNANDEZ: At the point…what I 15 recall when he’s right next to me, he’s actually 16 standing on top of everything, where I, I'm, my, 17 you know, everything’s up to my knees. Right when 18 we hear drop the knife, drop the knife, he takes 19 off. I turn and start to go also. 20 21 22 SERGEANT BRACONI: Okay. Did, did you ever see him direct the, uh, ERIW at anybody? OFFICER HERNANDEZ: I saw him come up to the 23 right side of the door, the door frame. Came up to 24 the right side of the door frame, as I was going to 18 Roomian & Associates, (415) 362-5920 SFPD 110796498 000459 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 his left, right behind him, to go around, to peek 2 around on his, on his left. Uh, at that point is 3 when Officer Heppler came. I did not see him shoot 4 the ERIW, discharge, I didn’t see that. I did see 5 him rack one after the suspect fell. 6 SERGEANT BRACONI: Okay. 7 OFFICER HERNANDEZ: I didn’t see. All I saw 8 was Officer Heppler coming, retreating, and I heard 9 the shots. I don’t know… 10 11 SERGEANT BRACONI: You don’t know which came first? 12 OFFICER HERNANDEZ: I do not. 13 SERGEANT BRACONI: Uh, did you hear the ERIW 14 15 16 17 18 go off? OFFICER HERNANDEZ: I didn’t hear. I heard just shots, I didn’t hear. SERGEANT BRACONI: Do you have any idea how many? 19 OFFICER HERNANDEZ: I don’t know. 20 SERGEANT BRACONI: Okay. Uh, let’s go back 21 to the, uh, when you first entered the, the unit. 22 You, did you immediately see the 23 down in the hallway or…? 24 OFFICER HERNANDEZ: uh, laying The first thing we saw, 19 Roomian & Associates, (415) 362-5920 SFPD 110796498 000460 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 like I said, the first thing I saw was the 2 with, with the front. I saw there was blood 3 everywhere; drops of blood. 4 SERGEANT BRACONI: That’s outside the unit? 5 OFFICER HERNANDEZ: Inside, inside the, right 6 at the doorway. As we went up, there was blood on 7 the, on the railing. 8 9 SERGEANT BRACONI: said you saw Okay, but back up. You I'm assuming the the [inaudible]? 10 11 OFFICER HERNANDEZ: 12 SERGEANT BRACONI: 13 out front. , outside. Okay. So, you see the 14 OFFICER HERNANDEZ: Yes. 15 SERGEANT BRACONI: But once you enter the 16 threshold of the unit, you go up the stairs. Did 17 you see that 18 to your right? 19 20 there or did you immediately go OFFICER HERNANDEZ: first, saw Not so…Officer Ison saw first, and he hooked. As I 21 hooked around with him, I checked, and I saw 22 face down in the hallway, and then I followed 23 behind him. 24 SERGEANT WARNKE: 20 Roomian & Associates, (415) 362-5920 SFPD 110796498 000461 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 2 SERGEANT BRACONI: Now, and was facedown, you said that several times. 3 OFFICER HERNANDEZ: Yes. 4 SERGEANT BRACONI: Was head towards the, 5 the front of the building or was 6 the front of the building? 7 positioning OFFICER HERNANDEZ: feet towards was angled, so , 8 head was…if you’re looking down the hallway, 9 head was to the right, but was angled in a 10 position that it was more toward the back of the 11 house. 12 SERGEANT BRACONI: 13 the back of the house. So, 14 OFFICER HERNANDEZ: Yes. 15 SERGEANT BRACONI: And 16 head was towards feet were closer to you when you got to the top of the stairs? 17 OFFICER HERNANDEZ: Yes. 18 SERGEANT BRACONI: Okay. Uh, and do you 19 recall, uh, the position of Filamor, Carrasco, at 20 that, at any of that time? 21 OFFICER HERNANDEZ: I do not. I was stuck, I 22 was with Officer Ison, so I don’t, I don’t know 23 they…they were behind me when we went in. I don’t 24 know who covered down the hallway. Alls I heard was 21 Roomian & Associates, (415) 362-5920 SFPD 110796498 000462 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 cover, and then I went to the right with Officer 2 Ison. 3 4 5 6 7 8 9 10 11 12 SERGEANT BRACONI: Okay. Then you hear some, some gunfire, some, some discharged weapon? OFFICER HERNANDEZ: Yeah. When we’re in the, when we’re in the bedroom. SERGEANT BRACONI: Okay. The suspect goes down. OFFICER HERNANDEZ: Yes. SERGEANT BRACONI: Then what happened? Then what’d you do? OFFICER HERNANDEZ: I stood by the suspect 13 with Sergeant Gray. Sergeant Gray came at that 14 point and stood there. Uh, at that point, once it 15 was clear, it was like seconds it was clear; the 16 whole house was clear. He directed me to go do the 17 crime scene log [unintelligible]. 18 SERGEANT BRACONI: Did you see, so when the 19 suspect went down, did you see other officers do 20 something or what did you see them do? 21 OFFICER HERNANDEZ: I saw them go towards 22 the, I saw them clear the rest of the house because 23 the house wasn’t clear. 24 SERGEANT BRACONI: And they, meaning who? 22 Roomian & Associates, (415) 362-5920 SFPD 110796498 000463 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 OFFICER HERNANDEZ: 1 Uh, Officer Ison went and 2 cleared. Uh, at that point, I can’t, I don’t know 3 who went with him. SERGEANT BRACONI: 4 5 It was Ison and someone else? 6 OFFICER HERNANDEZ: Yes. 7 SERGEANT BRACONI: Okay. 8 OFFICER HERNANDEZ: I think it was Officer 9 Filamor, I believe; I'm not sure. 10 SERGEANT BRACONI: Okay. 11 OFFICER HERNANDEZ: But I had the suspect 12 there; 13 there. SERGEANT BRACONI: 14 15 16 17 had a knife in from OFFICER HERNANDEZ: It was already out of hand. SERGEANT BRACONI: 19 OFFICER HERNANDEZ: 20 SERGEANT BRACONI: 21 OFFICER HERNANDEZ: 22 SERGEANT BRACONI: 24 Did you remove the knife hand? 18 23 hand, so I stayed Okay. Was handcuffed? was not handcuffed. But wasn’t moving? wasn’t moving. Uh, and do you know what Officer Carrasco did during any of this? OFFICER HERNANDEZ: I don’t. I, I know that 23 Roomian & Associates, (415) 362-5920 SFPD 110796498 000464 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 he, at some point, helped or got the 2 out of the house. SERGEANT BRACONI: 3 out of, Do you know that because 4 you saw it or do you know that because somebody 5 told you? OFFICER HERNANDEZ: 6 I saw him at some point, 7 I don’t remember the order. I saw him pulling on 8 the, on the by 9 just dragging trying to get 10 SERGEANT BRACONI: 12 actually remove 13 saw 15 16 17 18 legs, and out of the house. 11 14 back, by Okay. And did you see him from the house or did you, you pull OFFICER HERNANDEZ: I, I saw him going towards the stairs. SERGEANT BRACONI: Okay, but that’s as far as you saw him? OFFICER HERNANDEZ: I believe at that point, 19 is when we went into the bedroom because he was 20 pulling. I remember, because we went into the 21 bedroom [and that I’d] seen it. 22 SERGEANT BRACONI: Okay. And do you know who 23 shot? You said you saw Heppler shoot or you, you 24 heard [it]? 24 Roomian & Associates, (415) 362-5920 SFPD 110796498 000465 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 OFFICER HERNANDEZ: No, I saw, I saw 2 Officer…as he was coming back, it was almost in the 3 door frame of the door. As I was going towards it, 4 he was retreating, and I saw his gun and I saw him 5 shoot. 6 7 8 9 10 11 12 SERGEANT BRACONI: Okay. And then after he shot, do you know what he did? OFFICER HERNANDEZ: Uh, no. I don’t know exactly what Officer Heppler did. SERGEANT BRACONI: Did you see him leave the building or did he…? OFFICER HERNANDEZ: Alls I remember is 13 Officer Carrasco advised on the radio that [he 14 has], Officer Heppler out of the, out of the house, 15 and I think they restaged it down at the, down at 16 the intersection—Balboa and Funston; I heard that 17 on the radio. 18 19 20 SERGEANT BRACONI: That’s what you heard on the radio, but you didn’t see what he did? OFFICER HERNANDEZ: I didn’t see him 21 immediately exit. I don’t know, because my focus 22 was on the suspect at that point. It was just 23 within, you know, a minute that I was already out 24 of the house, I would say; it wasn’t very long. 25 Roomian & Associates, (415) 362-5920 SFPD 110796498 000466 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 2 SERGEANT BRACONI: But they were out of the house? 3 OFFICER HERNANDEZ: Yeah. 4 SERGEANT BRACONI: Uh, that you were? 5 OFFICER HERNANDEZ: I, myself, yeah. 6 SERGEANT BRACONI: Okay. 7 OFFICER HERNANDEZ: Once, once the house was 8 9 cleared, there’s no more suspects, they found the I believe; they found 10 where they found 11 wasn’t down there. I, I was out of the house. 12 13 14 15 16 17 18 19 at, what I don’t know SERGEANT BRACONI: was doing; I And then, uh, Sergeant Gray remained with the [suspect]? OFFICER HERNANDEZ: He stayed in the house at that point, I don’t know how long. I don’t know. SERGEANT BRACONI: Okay. And then you just went down and started the crime scene log? OFFICER HERNANDEZ: I went down and started the crime scene, yes. 20 SERGEANT BRACONI: Okay. Thank you. 21 SERGEANT WARNKE: You, uh, yeah, this is a 22 photo of the crime scene. Marker six on there, 23 there’s a couple of knives. Have you seen those 24 before? 26 Roomian & Associates, (415) 362-5920 SFPD 110796498 000467 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 OFFICER HERNANDEZ: I…no. I, you know, I 2 don’t know if those are the exact knives, but it 3 looks, they look like they could be the knives. 4 SERGEANT WARNKE: Okay. 5 OFFICER HERNANDEZ: But you know, I don’t 6 know. 7 UNKNOWN: 8 SERGEANT WARNKE: 9 10 11 Sergeant, [unintelligible]. I'm going to take a short break and be right back. [The Sergeant leaves temporarily. Recorder remains on.] 12 SERGEANT WARNKE: 13 [TRANSCRIBER’S NOTE: Okay. Questions? Uncertain if the 14 following speakers are Sgt. Braconi and ADA 15 Sullivan.] 16 SERGEANT BRACONI: I just want to, I want to 17 clarify a couple of things. Uh, as you’re going 18 down the hallway, you’re clearing the house, room 19 by room, looking for the suspect and possibly other 20 victims. Uh, yourself and Officer Ison are clearing 21 a room, uh, and the rest of the, uh, of the 22 officers that were in the house with you, were they 23 in front of you or are you behind them—the 24 threshold of that room? 27 Roomian & Associates, (415) 362-5920 SFPD 110796498 000468 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 OFFICER HERNANDEZ: The…well, we hooked 2 around the…when we hooked around the stairs, 3 Officer Ison said [unintelligible], then someone 4 said cover him. I'm not sure who said cover. When 5 they said cover that means they’re covering the 6 hallway because our backs are going towards the 7 hallway, so they got, our cover. 8 SERGEANT BRACONI: Okay. 9 OFFICER HERNANDEZ: Okay? So, I'm confident 10 that they had that; didn’t look; didn’t pay any 11 further attention to it. The focus with Officer 12 Ison went to the first living room, cleared that, 13 came back out. I still wasn’t watching who was in 14 front, because they still had cover down the 15 hallway, immediately, right into the, into the 16 bedroom. Once we went into the bedroom, like I 17 said, I don’t know who. 18 SERGEANT BRACONI: Sure. 19 OFFICER HERNANDEZ: How they were going. 20 SERGEANT BRACONI: And Ison, he actually 21 made it into the hallway before you saw Heppler or, 22 or, uh, the one officer backing up? 23 24 OFFICER HERNANDEZ: He was right at the door frame. 28 Roomian & Associates, (415) 362-5920 SFPD 110796498 000469 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 SERGEANT BRACONI: Okay. 2 OFFICER HERNANDEZ: So, right at the right of 3 the door frame, leaning up against the door, the 4 frame itself. 5 6 7 8 9 SERGEANT BRACONI: So, he was right at the frame, facing down the hallway? OFFICER HERNANDEZ: Yes, and I was heading right to his left, to hook around Heppler. SERGEANT BRACONI: 10 clarification I needed. 11 ADA SULLIVAN: Okay. That’s the only So, I do have a couple of 12 questions for you. Where were you when you first 13 saw the suspect? 14 OFFICER HERNANDEZ: I was maybe, I don’t, I 15 was heading towards the doorway, the open door to 16 the bedroom. 17 ADA SULLIVAN: Okay. So, let me, uh, 18 because we weren’t inside and we’re orienting from 19 the pictures, I need a little bit of help from you. 20 So, uh, when you came in, you and Ison went to the 21 right, and did you go straight down to the room 22 that is open in the front of the house first? 23 OFFICER HERNANDEZ: Yes. 24 ADA SULLIVAN: And is that the room that 29 Roomian & Associates, (415) 362-5920 SFPD 110796498 000470 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 you’re talking about exiting, that door frame? 2 OFFICER HERNANDEZ: No. 3 ADA SULLIVAN: Okay. Tell me what door 4 5 frame you’re talking about. OFFICER HERNANDEZ: After we exited the 6 first, the living room, we went straight out and 7 hooked a right into the bedroom. 8 9 10 11 12 13 14 ADA SULLIVAN: All right. And so, you’re in that room and you’re exiting that room when you talk about the door frame. Is that correct? OFFICER HERNANDEZ: I'm heading towards the door frame, yes, towards the entry. ADA SULLIVAN: Okay. So, you’d be coming back towards the stairs? 15 OFFICER HERNANDEZ: Towards the stairs. 16 ADA SULLIVAN: All right. And so, uh, 17 Officer Ison goes into the, uh, into the, uh, the 18 main thoroughfare there. As you come out, when is 19 it that you first see the subject? 20 OFFICER HERNANDEZ: I didn’t even make it out 21 of the room. I was coming up to, to the door. I 22 didn’t even break the threshold going towards the, 23 the stairway. I didn’t even break it, because he 24 flew by me. As he, as he retreated past me, I saw 30 Roomian & Associates, (415) 362-5920 SFPD 110796498 000471 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 him with his gun out, and then I, I peeked a 2 little, and then I saw the suspect with their hand, 3 with 4 5 hand up with a knife in it. ADA SULLIVAN: So, you’re looking out the door when Officer Heppler is retreating? 6 OFFICER HERNANDEZ: 7 ADA SULLIVAN: 8 OFFICER HERNANDEZ: Yes. 9 ADA SULLIVAN: And, uh, can you tell me 10 11 Yes. [Inaudible]? at what pace was Officer Heppler retreating? OFFICER HERNANDEZ: Fast. He was retreating 12 very fast as, as I was hearing drop the knife, drop 13 the knife, drop the knife. 14 15 ADA SULLIVAN: Was he still facing the suspect? 16 OFFICER HERNANDEZ: Yes. 17 ADA SULLIVAN: Yes? Okay. And do you 18 recall whether you saw Officer Heppler, uh, with 19 his firearm in his hand? 20 OFFICER HERNANDEZ: Yes. 21 ADA SULLIVAN: And do you recall where 22 23 24 the firearm was pointed at? OFFICER HERNANDEZ: His firearm? I remember it was almost level with my, with me, as my face. 31 Roomian & Associates, (415) 362-5920 SFPD 110796498 000472 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 As I was walking towards the, as I was going 2 towards the entrance, it was almost level with me. 3 I didn’t see how he was holding it, but I saw him 4 retreating back with it. 5 ADA SULLIVAN: So, then is it accurate 6 to say that Officer Heppler was standing up, 7 completely upright, and that he had the firearm 8 directly out in front of him? 9 10 OFFICER HERNANDEZ: It was, it was out in front of him as he was retreating backwards. 11 ADA SULLIVAN: 12 chest level or so? Okay. So, at chest, at 13 OFFICER HERNANDEZ: Yeah. 14 ADA SULLIVAN: And, uh, you heard him 15 16 continue to make statements at that time? OFFICER HERNANDEZ: I heard, I don’t know 17 who, I heard everyone continue drop the knife, drop 18 the knife. I don’t know who it was coming from. It 19 was drop the knife, drop the knife, drop the knife. 20 ADA SULLIVAN: All right. And you say 21 you did not see Officer Ison fire the Extended 22 Range weapon, or rather, you did see him rack the 23 shotgun once [beside you]? 24 OFFICER HERNANDEZ: Yes. 32 Roomian & Associates, (415) 362-5920 SFPD 110796498 000473 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 2 3 ADA SULLIVAN: Okay. Do you recall when that was, relative to Officer Heppler retreating? OFFICER HERNANDEZ: It was after. The suspect 4 was already down, and then Officer Ison asked, I 5 think, I believe he asked if I was okay and I asked 6 him if he was okay. I said yes, yes, and then he 7 racked it, and then he moved out towards the 8 hallway, down the hallway. 9 10 ADA SULLIVAN: So, he may have already fired a round from the Extended Range weapon? 11 OFFICER HERNANDEZ: Yes. 12 ADA SULLIVAN: Okay. But you’re not 13 sure? 14 OFFICER HERNANDEZ: I'm not sure. 15 ADA SULLIVAN: At the time you saw the 16 subject, you said…you lifted up your right, your 17 right hand, uh, and you had it above your shoulder, 18 and you had a fist, and it was my understanding the 19 knife was in the subject’s hand. Is that correct? 20 OFFICER HERNANDEZ: Yeah, it was and I 21 couldn’t see if it was both, if had both hands 22 up or one hand. I just saw a knife up above 23 head or about 24 instantly that Officer Heppler came, passed by me. head level, and it was almost 33 Roomian & Associates, (415) 362-5920 SFPD 110796498 000474 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 ADA SULLIVAN: 1 Okay. And do you recall, 2 could you describe the knife as you saw it at that 3 time? OFFICER HERNANDEZ: 4 5 in 6 identify exactly what it was, but it appeared to be 7 a knife to me. 8 9 10 arm, in I just saw a metal object hand. I couldn’t, I couldn’t ADA SULLIVAN: And was, the subject with the knife raised at about head level, was moving towards Officer Heppler? 11 OFFICER HERNANDEZ: Yes. 12 ADA SULLIVAN: And do you recall if 13 14 said anything at this time? OFFICER HERNANDEZ: I didn’t hear say 15 anything; I didn’t hear. Alls I heard was drop the 16 knife. 17 ADA SULLIVAN: And was your attention 18 drawn to the knife? Specifically, at any point, did 19 you observe the subject’s face and 20 expression? facial 21 OFFICER HERNANDEZ: I did not. 22 ADA SULLIVAN: And then, uh, that’s it. 23 24 Thank you. ATTORNEY SHEA: When the, uh, when 34 Roomian & Associates, (415) 362-5920 SFPD 110796498 000475 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 Officer Ison racked the shotgun, do you recall, do 2 you recall whether or not you saw an expended 3 shotgun shell casing come out of the gun? OFFICER HERNANDEZ: 4 I recall seeing a shell 5 casing come out. It [didn’t] come out of the 6 shotgun and fall on the ground and then 7 [unintelligible]. ATTORNEY SHEA: 8 9 Okay. So, an expended, it would have been…? 10 OFFICER HERNANDEZ: Yes. 11 ATTORNEY SHEA: Probably an expended 12 shell casing? 13 OFFICER HERNANDEZ: Yes. 14 ATTORNEY SHEA: Okay. But you don’t 15 specifically recall hearing Ison fire and then 16 Heppler fire? 17 OFFICER HERNANDEZ: I do not. 18 ATTORNEY SHEA: Do you specifically 19 remember hearing one, more than one round fired, 20 can you say? OFFICER HERNANDEZ: 21 22 than one. ATTORNEY SHEA: 23 24 I…yeah. There was more Okay. So, it was at least two? 35 Roomian & Associates, (415) 362-5920 SFPD 110796498 000476 Officer Jason Hernandez, #1608 – OIS 110 796 498 10/03/2011 1 OFFICER HERNANDEZ: At least two. 2 ATTORNEY SHEA: But you can’t say other 3 than that. 4 OFFICER HERNANDEZ: Right. It was two. 5 ATTORNEY SHEA: Okay. 6 SERGEANT WARNKE: Any other questions? 7 Okay. It’s approximately 1532 hours, I'll conclude 8 this interview. 9 END OF DOCUMENT 36 Roomian & Associates, (415) 362-5920 SFPD 110796498 000477 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 SERGEANT SCOTT WARNKE: 1 This is Scott Warnke, 2 Sergeant, with the San Francisco Police Department 3 Homicide Detail. My Star number is 1397. Today is 4 Monday, October 3rd, 2011, it’s approximately 1230 5 hours. We are in an interview room with at the 6 Homicide Detail at 850 Bryant Street. This is an 7 interview regarding Case number 110 796 498. 8 Present with me is… INSPECTOR DANIEL CUNNINGHAM: 9 10 Daniel Cunningham, Star 650. INV. JIM POSADA: 11 12 ADA MIKE SULLIVAN: Mike Sullivan, Assistant DA. ATTY CHRISTOPHER SHEA: 15 16 Investigator Jim Posada, an Investigator with the District Attorney, 7044. 13 14 Inspector Christopher Shea, Attorney with the Police Officers Association. 17 SERGEANT WARNKE: And you are? 18 OFFICER ROBERT WONG: Robert Wong, 19 San Francisco Police Department. My Star number is 20 2005. SERGEANT WARNKE: 21 Okay. And Officer Wong, 22 just so, you’re here, this is a voluntary 23 statement, and you do have counsel present with 24 you. 1 Roomian & Associates, (415) 362-5920 SFPD 110796498 000478 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 OFFICER WONG: That’s correct. 2 SERGEANT WARNKE: So, I see you’re in uniform 3 right now, and how do you spell your first name? OFFICER WONG: 4 5 the last name is Wong, W-o-n-g. SERGEANT WARNKE: 6 7 Robert, R-o-b-e-r-t, and And your date of entry into the Department? 8 OFFICER WONG: 9 SERGEANT WARNKE: Your current assignment? OFFICER WONG: Uh, 3 George 3 Adam at 10 11 . Richmond Station. SERGEANT WARNKE: Could you explain what that 14 OFFICER WONG: Uh, a sector car. 15 SERGEANT WARNKE: A sector car. 16 OFFICER WONG: George…Richmond, 3 car 12 13 17 18 19 20 21 is? sector. SERGEANT WARNKE: And how long in your current assignment? OFFICER WONG: I've been at Richmond Station about 12 years, I imagine. 22 SERGEANT WARNKE: And your shift today? 23 OFFICER WONG: 0600 to 1600. 24 SERGEANT WARNKE: Were you in uniform or 2 Roomian & Associates, (415) 362-5920 SFPD 110796498 000479 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 plainclothes? OFFICER WONG: 2 3 uniform, in a marked police vehicle. SERGEANT WARNKE: 4 5 In, in uniform, full And were you working with a partner? 6 OFFICER WONG: Uh, no, Sam unit. 7 SERGEANT WARNKE: And you said your call sign 8 was 3 George 3 Adam? 9 10 11 That’s correct. SERGEANT WARNKE: And can you describe the uniform and equipment you had on today? OFFICER WONG: 12 13 OFFICER WONG: Uh, long-sleeve, Class B uniform. 14 SERGEANT WARNKE: 15 about the other equipment? OFFICER WONG: 16 17 Did you have your, what Uh, just with Department issued gun belt, radio, uh, that’s about it. SERGEANT WARNKE: 18 Okay. Did you have any 19 other equipment with you in your, in your radio 20 car? 21 OFFICER WONG: Yes. I have what they call 22 a trauma kit, an extended weapon, impact weapon. 23 Uh, that’s about it. I didn’t assign a shotgun 24 today. 3 Roomian & Associates, (415) 362-5920 SFPD 110796498 000480 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 2 SERGEANT WARNKE: Okay. You didn’t have a shotgun, but you did have the… 3 OFFICER WONG: Extended weapon, yes. 4 SERGEANT WARNKE: Extended weapon. Is that 5 also referred to as? 6 OFFICER WONG: ERIW. 7 SERGEANT WARNKE: ERIW, okay. Baton? 8 OFFICER WONG: Yes. 9 SERGEANT WARNKE: Okay. And mace or pepper 10 spray. 11 OFFICER WONG: Yes, I have a holster. 12 SERGEANT WARNKE: Okay. There’s an incident 13 today that occurred approximately, just around 7:15 14 this morning on the 600 block of Funston Avenue. 15 Can you tell us what your, what happened? 16 OFFICER WONG: I was at the station. I 17 heard Dispatch put out an A-priority 219 stabbing 18 and they gave the address. So, I reached for my mic 19 to, uh, to tell them I'm going to respond, but got 20 cut-off by 3 George 35, who said they’re going to 21 go. So, I then ran to my car and, uh, while running 22 to the car, I told Dispatch that I'm going to 23 respond, so she said okay. Uh, I got in the car, I 24 noticed that there was an, uh, an ambulance mid4 Roomian & Associates, (415) 362-5920 SFPD 110796498 000481 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 block, and they started to activate their lights, 2 but being, you know, I'm going on a call where 3 someone’s life is in danger, I went ahead. I'm not 4 going to yield to them because they’re still like 5 backing or trying to get into the road. I went 6 ahead and, uh, turned on my lights, knowing that 7 I’m going to be going and try and get there as 8 quick as I can. My computer didn’t come on yet. It goes like 9 10 on a sleep mode, if you will. So, by the time it 11 does pop-up, I'm already at the scene. I told 12 Dispatch that there was an ambulance 97 with me, 13 that I told them we both arrived at the same time. 14 Uh, I saw a victim, 15 front of hand and 16 17 18 house. happened. , who was standing in had a towel wrapped around bleeding. I asked told me what was very discombobulated. was, you know, obviously, in a panic. So, I said 19 what happened? said, uh, 20 uh. Then the neighbors to my left, which I didn’t 21 really look at, they were a white family, and they 22 said 23 I, you know, I wanted to get it from 24 asked , you know, cut kind of said like with a knife. So, what happened. So, I told , so I I asked 5 Roomian & Associates, (415) 362-5920 SFPD 110796498 000482 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 what happened. 1 told me, uh, you 2 know, had a knife. I said, “Uh, had a 3 knife. Right?” 4 “Okay. Where is this knife?” And next thing, 5 picks it up, 6 a little plant. 7 reaches for it. I said, “No, no, no, no, no, put it 8 down. Put it down, please. Don’t touch it. Is that 9 the knife like, “Yeah.” So, I said, points to the, uh, like a pot; it’s points and at the same time used?” said yes. Okay. I 10 said, “Please, don’t touch anything else, just tell 11 me what happened.” And I said, “Where is 12 now?” H aid upstairs. And I said, “Okay. Is does he have any other weapons?” 13 said 14 I don’t know. I said, “Does n, uh, is 15 drugs or anything? Use drugs?” goes, “I don’t, 16 I don’t know.” 17 then 18 “Does 19 or something?” And then the neighbor interrupted 20 again and said, 21 all right. 22 on goes, “No, I don’t. No, I don’t,” just said no. So, I said okay. I said, have any, uh, psychological issues So, at that point, I see that ” So, bleeding. I 23 wanted to get help as quick as possible. I 24 said, “Okay. You go deal with the medics and 6 Roomian & Associates, (415) 362-5920 SFPD 110796498 000483 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 they’ll take care of your wound.” And then at that 2 point, uh, 3 George 1 Adam, Officer Hernandez pulls 3 up. So, I told him the victim is in the wagon, you 4 know, in a [four-way crew], and the suspect is 5 still upstairs. And I said, “I want to go up there 6 to get 7 wait.” I said… 8 said, “Yeah, you’re right. We’ll wait for 9 arrive.” And Ison, 3 George 28, I believe, said ” He goes, “No, I think you should , “We’re waiting for the ERIW.” I hat to 10 responding with the ERIW. 11 And then, while we’re waiting, uh, Hernandez 12 says, “Maybe we can try and get the to come 13 out. You know, we’ll go if we can just call 14 up.” And 15 from goes, “Yeah, let me go get the number you know, of the house, and then 16 name, the suspect,” because I didn’t see it on 17 the CAD because again, my computer wasn’t on and I 18 had no chance to see. So, I went to, the back of 19 the wagon, and asked th 20 number to your house? What’s 21 can call 22 “What’s your phone name, so I gave it to me. By the time I arrived to the, uh, doorway, 23 officers had already…I didn’t see them, so my next 24 assumption was well, they probably went inside 7 Roomian & Associates, (415) 362-5920 SFPD 110796498 000484 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 already. And then as I was about to cross the 2 threshold of the door, I heard pop, pop, pop, and I 3 knew that to be gunfire, and right there I just 4 said, “Uh, shit,” because you know, that’s not what 5 I, you know, no one wants to hear that. And, uh, I 6 tried to make way to go inside to help, at which 7 point I saw Officer Carrasco pulling an 8 9 10 11 by ankles and saying, “Clear, clear,” for me to get out of the way, and I told him the medics outside, you know. Not knowing what injuries had, I had no idea, but I see that 12 wasn’t… 13 be conscious to me, from what I saw. 14 had blood on , and didn’t appear to And once the medics took I continued to 15 go upstairs, and when I turned to my right, I could 16 see another person down; 17 breathing. I later on, assumed that that was the 18 suspect, but I wasn’t sure at the time. Then I hear 19 the officers, uh, clearing the rooms, “Okay, 20 clear.” So, they’re working their way down the hall 21 to make sure there’s no one else in the building. 22 There was someone in the back, who it was at the 23 time, I didn’t know, but I hear, I'm assuming that 24 someone was there. face down, 8 Roomian & Associates, (415) 362-5920 SFPD 110796498 000485 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 So, at which point, uh, it was a 2 Officer Ison was giving 3 you know, “Come to us. Come towards us.” 4 respond, 5 into another room and then locked 6 which point, not knowing who 7 involvement was, you know, if 8 suspect, we had no idea. So, we told 9 the door and and commands, “Come here,” didn’t didn’t cooperate. Instead, ran in. At was or what a victim or a to open didn’t open the door, so Officer 10 Ison had to boot the door, and then we got 11 and handcuffed 12 involvement. 13 out, And that was pretty much my SERGEANT WARNKE: Okay. Thank you for that. 14 I'm going to show you a photo here. Describe the 15 knife and, uh, well, just, is this the knife that 16 you saw? 17 OFFICER WONG: Yes. 18 SERGEANT WARNKE: Okay. And this is a photo 19 of a flower pot and there’s an evidence marker 20 number one in there, and there’s a brown-handled 21 knife. It’s actually like face down, like it’s 22 sticking in the dirt. Is that the knife that you’re 23 referring to? 24 OFFICER WONG: Yes. 9 Roomian & Associates, (415) 362-5920 SFPD 110796498 000486 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 SERGEANT WARNKE: And you said the threshold. 2 I'm going to show you a photo of the front door. 3 You said when you were just about in the threshold, 4 the threshold, you heard pop, pop, pop? 5 6 7 8 9 10 OFFICER WONG: Yeah. I was right about here. SERGEANT WARNKE: So, just inside of the iron gate, but not inside of the residence? OFFICER WONG: Yes. SERGEANT WARNKE: Okay. And when you first 11 saw Officer Carrasco dragging the 12 where, whereabouts was that? 13 14 15 16 17 18 19 OFFICER WONG: to safety, He was at the top of the stairs. SERGEANT WARNKE: At the top of the stairs? Okay. OFFICER WONG: Working his…he was already down from the, uh, you know, working his way down. SERGEANT WARNKE: Did you hear any of the 20 other officers make any other statements or 21 spontaneous…anything like that? 22 OFFICER WONG: Uh, no. 23 SERGEANT WARNKE: Okay. And you and Officer 24 Hernandez, you told Officer Hernandez I want to go 10 Roomian & Associates, (415) 362-5920 SFPD 110796498 000487 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 2 3 in and, I want to go and get OFFICER WONG: and he said no? He said we better wait for less-lethal. I said you’re right. 4 SERGEANT WARNKE: Okay. 5 OFFICER WONG: But it’s just that I was 6 just fearing that someone, you know, might be in 7 danger. 8 SERGEANT WARNKE: Uh-huh. 9 OFFICER WONG: And I knew that time was 10 clicking; I didn’t want anyone to get hurt. 11 SERGEANT WARNKE: Right. 12 OFFICER WONG: So. 13 SERGEANT WARNKE: And then, but you did want 14 15 16 17 18 19 to wait for ERIW? OFFICER WONG: Yeah. And so, yeah, he did, when he said that, right, I better wait. SERGEANT WARNKE: Okay. So, you were in fear that somebody else could possibly be in danger? OFFICER WONG: Yeah. I, that’s when my, 20 my, uh, gut instinct told me that someone was up 21 there and [I didn’t want them] to get hurt. 22 SERGEANT WARNKE: When you were outside, did 23 you hear any, anything the officers were saying 24 inside, prior to the shooting? 11 Roomian & Associates, (415) 362-5920 SFPD 110796498 000488 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 2 3 4 OFFICER WONG: No, I couldn’t hear. I was, I heard a pop. All I heard was a popping sound. SERGEANT WARNKE: And that was right when you entered, across the threshold from the, the gate? 5 OFFICER WONG: Yeah. 6 SERGEANT WARNKE: Where did you park? 7 OFFICER WONG: I parked, uh, maybe, I 8 don’t know, 40 feet away from the front door, if 9 you will, maybe, if not further. 10 11 SERGEANT WARNKE: Do you remember if you were coming north or south? 12 OFFICER WONG: I was facing southbound. 13 SERGEANT WARNKE: Facing south. And the, uh, 14 the four-way, the paramedic crew that was already, 15 the crew was on scene? 16 17 OFFICER WONG: Yeah. They were right behind me the entire way. 18 SERGEANT WARNKE: They were behind you. Did 19 they park behind you also? 20 OFFICER WONG: Yes. 21 SERGEANT WARNKE: Okay. Did you hear who 22 23 24 called in the suspect? You said you believed it was but did after? Did make any statements to you make any statements at all? 12 Roomian & Associates, (415) 362-5920 SFPD 110796498 000489 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 2 3 OFFICER WONG: breathing but did not. was was facedown. SERGEANT WARNKE: 4 anything or the, or the 5 OFFICER WONG: 6 Uh, no, Okay. Did say with the cut hand? No. was kind of out of it, in a way. 7 SERGEANT WARNKE: Okay. Inspector Cunningham, 8 do you have any questions? 9 INSPECTOR CUNNINGHAM: Yes, I have some 10 questions of Officer Wong. What, was the weather 11 like when you responded there? Was it, was it okay? 12 Was it raining, slick, sprinkly? 13 OFFICER WONG: 14 no, the roads were dry. 15 Uh, over[cast], cloudy, but INSPECTOR CUNNINGHAM: Do you remember what 16 type of, what time it was? I know you said you 17 started at 06 that day, do you remember around what 18 time it was? 19 20 OFFICER WONG: It was, uh, just after seven. 21 INSPECTOR CUNNINGHAM: 22 OFFICER WONG: 23 INSPECTOR CUNNINGHAM: 24 Approximately. About 20 after 7. Okay. Have you ever been to that address before? 13 Roomian & Associates, (415) 362-5920 SFPD 110796498 000490 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 OFFICER WONG: No, I haven’t. 2 INSPECTOR CUNNINGHAM: And, uh, do you know 3 any of the persons involved before or dealt with 4 them at any other time? 5 OFFICER WONG: You know, t 6 seen 7 don’t…no, no contact with 8 9 in the, in the neighborhood, but I INSPECTOR CUNNINGHAM: OFFICER WONG: 11 INSPECTOR CUNNINGHAM: Yes. OFFICER WONG: 14 INSPECTOR CUNNINGHAM: That’s correct. OFFICER WONG: 17 INSPECTOR CUNNINGHAM: No, I don’t. OFFICER WONG: 20 INSPECTOR CUNNINGHAM: 22 23 24 Okay. You don’t speak either? 19 21 Okay. And do you speak Cantonese or Mandarin? 16 18 And you were the first officer to respond at the scene? 13 15 Now, was that call today, was that in your district? 10 12 I've No, I don’t. Okay. And, uh, the person you talked to, uh, that called the 909, the who was injured, did or did OFFICER WONG: speak to you in speak to you in English. 14 Roomian & Associates, (415) 362-5920 SFPD 110796498 000491 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 INSPECTOR CUNNINGHAM: 1 2 was his English? 3 OFFICER WONG: 4 INSPECTOR CUNNINGHAM: 5 In English. And how was Uh, clear. It was clear. And , right? 6 OFFICER WONG: Yes. 7 INSPECTOR CUNNINGHAM: Would you say was or…? 8 OFFICER WONG: 9 I would say INSPECTOR CUNNINGHAM: 10 was . Okay. When you were, 11 uh, out in front when you first got there, there 12 was a neighbor next door, a 13 doors down. 14 OFFICER WONG: 15 INSPECTOR CUNNINGHAM: 16 a couple of Uh-huh. What, what did say to you again, what happened? OFFICER WONG: 17 They were just standing 18 there you know, so initially, I saw standing. 19 When I asked 20 what 21 when they said 22 cut 23 believe they would know more than 24 out of the house, so I wanted to get from was real slow in giving you know, responses were, and that’s , you know, has a knife, . So, I go okay, well, that’s…I didn’t that came what 15 Roomian & Associates, (415) 362-5920 SFPD 110796498 000492 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 happened. I didn’t even know if 2 there. 3 INSPECTOR CUNNINGHAM: 4 OFFICER WONG: 5 still here?” “Where is You know, I didn’t know if goes, “Yeah.” I said, said, “Upstairs.” INSPECTOR CUNNINGHAM: 8 9 When you asked , you’re talking about 10 OFFICER WONG: 11 INSPECTOR CUNNINGHAM: 12 Right. had fled the scene, so that’s why I said, “Is 6 7 as still yeah. actually ever tell you that 13 OFFICER WONG: 14 INSPECTOR CUNNINGHAM: 15 OFFICER WONG: So, did the stabbed No. Or the neighbor did? Uh, the neighbor blurted 16 out something like that, but my focus was only on 17 the, uh, the bleeding INSPECTOR CUNNINGHAM: 18 So, initially, the 19 initial information you got, there was nothing 20 about anybody else involved other than 21 and 22 . Is that right? OFFICER WONG: Yeah, nothing. Nothing that 23 I…because my computer wasn’t even on. I mean, you 24 know, it didn’t, it didn’t pop up the screen until 16 Roomian & Associates, (415) 362-5920 SFPD 110796498 000493 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 2 3 obviously, after I got there. INSPECTOR CUNNINGHAM: And that’s all the neighbor said to you too, was it was just about the and the 4 . 5 OFFICER WONG: Yeah. 6 INSPECTOR CUNNINGHAM: And you never…so, 7 other than going, starting to go through the 8 threshold, you never went into the house? 9 10 11 12 OFFICER WONG: Uh, not prior to the shots I heard. INSPECTOR CUNNINGHAM: So, at some point after, you did? 13 OFFICER WONG: 14 INSPECTOR CUNNINGHAM: 15 of who fired the shots? 16 OFFICER WONG: After, yeah. Were you aware then, Uh, no. But then as I saw 17 Carrasco leading, uh, his partner Heppler out, and 18 Heppler had this look on his face like you know. 19 INSPECTOR CUNNINGHAM: 20 OFFICER WONG: Right. It didn’t look like he was 21 too happy. So, I, I thought he had got hurt. I said 22 “Well, God, I hope he wasn’t the one that got 23 shot.” 24 INSPECTOR CUNNINGHAM: Right. 17 Roomian & Associates, (415) 362-5920 SFPD 110796498 000494 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 OFFICER WONG: So, I, as he walked past 2 me, I said are you okay? And he said yeah, he just 3 nodded his head, but he didn’t have that look of 4 being okay, so I was, I was really worried. 5 INSPECTOR CUNNINGHAM: Would it be okay 6 with you if I took a minute break? I just want to 7 ask the other inspector that’s here if he has any 8 questions for Officer Wong. 9 10 11 12 13 SERGEANT WARNKE: Yeah. INSPECTOR CUNNINGHAM: That would be all right? [Unintelligible] got some questions too? SERGEANT WARNKE: Yeah, I'll wait until you come back. 14 [16:30 to 17:40—the Inspector leaves briefly.] 15 OFFICER WONG: 16 INSPECTOR CUNNINGHAM: My stomach. I just, I just have 17 one more question, just to clarify. I think you 18 answered it, but I just want to be sure about it. 19 You know, you were talking about the two officers 20 that came out. One, Carrasco was one. 21 OFFICER WONG: 22 INSPECTOR CUNNINGHAM: 23 24 Uh-huh. The other guy’s name is Hep? OFFICER WONG: Uh, Heppler. 18 Roomian & Associates, (415) 362-5920 SFPD 110796498 000495 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 INSPECTOR CUNNINGHAM: 2 OFFICER WONG: 3 INSPECTOR CUNNINGHAM: Heppler? Yeah. And when Heppler 4 came out, you said that he, he, uh, you, you kind 5 of picked up on that he…I'm guessing, from the way 6 you told me, that he might have been involved in 7 the shooting. Is that accurate to say? Is that how 8 you picked up on it? 9 OFFICER WONG: I, I thought he got hurt. 10 INSPECTOR CUNNINGHAM: 11 OFFICER WONG: 12 13 Okay, he got hurt. Because he just didn’t look, you know, and… INSPECTOR CUNNINGHAM: Okay. I know you 14 said, you used the word happy, but I mean, would 15 that be the best, I mean, do you mean more like he 16 looked kind of bewildered or scared? Would that be, 17 I'm not trying to put words in your mouth, but 18 would that be more like it? 19 ATTORNEY SHEA: I think he said not happy. 20 OFFICER WONG: He, yeah. It was… 21 INSPECTOR CUNNINGHAM: 22 OFFICER WONG: 23 INSPECTOR CUNNINGHAM: 24 Right. Yeah. He was… I'm trying to get a better… 19 Roomian & Associates, (415) 362-5920 SFPD 110796498 000496 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 OFFICER WONG: Like he really [wouldn’t] 2 have been there—that look. It’s just like he did 3 not want to be there, you know. 4 INSPECTOR CUNNINGHAM: 5 OFFICER WONG: 6 INSPECTOR CUNNINGHAM: 7 SERGEANT WARNKE: 8 Kind of out of it? Yeah. Okay. Was Heppler, what was Heppler wearing, Officer Heppler? OFFICER WONG: Plainclothes. 10 SERGEANT WARNKE: Okay. 11 DAI POSADA: Okay. I just have a couple 9 12 of questions. When you first arrived and you saw 13 the older 14 you said at the front of the house, and was bleeding. 15 OFFICER WONG: Uh-huh. 16 DAI POSADA: Could you tell where 17 18 bleeding from or? OFFICER WONG: His, uh, I assume it was 19 the right hand. 20 it was really wrapped, and it’s bleeding from 21 there, like the edge of it is dripping down. had a big towel, it looked like 22 DAI POSADA: Profuse bleeding? 23 OFFICER WONG: Yeah, because I imagine 24 was with the towel and it’s still bleeding, I said that 20 Roomian & Associates, (415) 362-5920 SFPD 110796498 000497 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 looks like it probably could have been a good gash. 2 I never saw it and didn’t know what it was. 3 4 5 DAI POSADA: And then you directed over to the ambulance? OFFICER WONG: Yeah. Once I found out that 6 the suspect was still inside, you know, and maybe 7 armed still. Uh, my job was, okay. Get you out of 8 there and get treatment as quick as you can. 9 10 DAI POSADA: Okay. OFFICER WONG: And then initially, I 11 wanted to go inside myself because I just feared 12 that maybe, you know, the 13 knows what. armed with who 14 DAI POSADA: Sure. 15 OFFICER WONG: And somebody else can be 16 hurt. So, my gut instinct for me was just to get 17 inside there and deal with 18 possible, but at that moment, that’s when, uh, 19 Hernandez came and told me, “Hey, maybe we better 20 wait.” I told him, I said, “I want to go get this as quickly as 21 ” He goes, “Yeah, we better wait for less- 22 lethal.” I said, “Yeah, you’re right, let’s do 23 that.” Okay. And then, at which point, we said we 24 got to try to get this out. That’s when 21 Roomian & Associates, (415) 362-5920 SFPD 110796498 000498 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 said, “Maybe we can call 2 maybe. I'll get the number, right, from the, uh, 3 victim.” 4 DAI POSADA: 5 other questions. 6 ” I said, “Yeah, Okay. All right. I have no ADA SULLIVAN: I just want to follow-up 7 with a couple of things. Uh, when you pulled up, 8 uh, where was 9 hand. Where was 10 11 12 13 with the…well, just say cut standing? OFFICER WONG: was just standing in front of, on the sidewalk in front of ADA SULLIVAN: Okay. So, house. was directly by the planter that we’re talking about, like that? 14 OFFICER WONG: Yeah. 15 ADA SULLIVAN: Okay. And was the neighbor 16 17 standing next to OFFICER WONG: Yes. I saw them to my, uh, 18 left. They were near 19 guess their residence. in front of their, I 20 ADA SULLIVAN: Okay. So, now… 21 OFFICER WONG: Someone was doing this when 22 23 24 I drove up and, you know, I assume, okay, I see an and got a towel on hand, so there’s my victim. 22 Roomian & Associates, (415) 362-5920 SFPD 110796498 000499 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 ADA SULLIVAN: When, uh, when you looked 2 over, do you recall whether that, uh, iron gate was 3 open or closed? 4 OFFICER WONG: It was open. 5 ADA SULLIVAN: All right. And how about 6 the door behind it, going into the house? 7 OFFICER WONG: That was open as well. 8 ADA SULLIVAN: And then you had said that 9 you had a bad feeling about something that may or 10 may not happen inside the house, maybe someone else 11 would get hurt. Did you have anything specific that 12 led you to believe that someone else was inside in 13 danger? 14 OFFICER WONG: I mean I don’t even know 15 how to go there. There’s things that I feel and 16 see, it’s just weird, I can’t explain it, but I, 17 I'm never wrong. So, I believe someone’s life was 18 endangered. 19 ADA SULLIVAN: Okay. I completely respect 20 that and as a follow-up question, was there 21 anything that you could point to specifically to 22 say that you, uh, that led you to believe that you 23 were concerned for someone inside the house? 24 OFFICER WONG: The fact that would 23 Roomian & Associates, (415) 362-5920 SFPD 110796498 000500 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 hurt with a weapon. 2 ADA SULLIVAN: Okay. 3 OFFICER WONG: Tells you right there this 4 5 is not playing with a full deck. ADA SULLIVAN: All right. But you had no, 6 uh, no other inclination leading you to believe 7 that there was, uh, some other person in there 8 currently in danger. Is that correct? 9 OFFICER WONG: Nothing from what the 10 told me. It was, I mean, my contact was 11 brief. I didn’t even know that there was other 12 people in the house, to be honest. I didn’t know, 13 but my good sense told me there was. 14 15 ADA SULLIVAN: And then, you had an extended range weapon in your vehicle. Correct? 16 OFFICER WONG: Yes. 17 ADA SULLIVAN: And after you spoke with, 18 uh, Officer Hernandez, it was your response that 19 maybe you could call the person, maybe get 20 come out that way. Correct? to 21 OFFICER WONG: Yes. 22 ADA SULLIVAN: So, you went over and spoke 23 with the injured person at the paramedics, that the 24 paramedic had. Right? 24 Roomian & Associates, (415) 362-5920 SFPD 110796498 000501 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 OFFICER WONG: Yes. 2 ADA SULLIVAN: And by that time, the 3 officers had responded. Do I get, did I get that 4 timeline correct? 5 OFFICER WONG: Yes. Uh, Hernandez was 6 there with me, uh, 3 George 28, Officer Ison was 7 there with the ERIW, and you know, it was ready to 8 go. At which point, I'm still getting the phone 9 number from the, uh, victim. So, when I walked back 10 to the front door, I didn’t see the officers 11 anymore. 12 ADA SULLIVAN: Okay. There was one thing I 13 was hoping you could help me clarify, and that was 14 the paramedics were treating the 15 for hand injury. 16 OFFICER WONG: Yes. 17 ADA SULLIVAN: And then, at the time you 18 went to the threshold, you had heard the three 19 pops. At some point you had said that, or I believe 20 you said that the, uh, 21 Carrasco was pulling was treated by paramedics. Was 22 that the same paramedic group? 23 24 OFFICER WONG: that Officer Uh, yes. As far as I'm concerned, what happens, I heard a pop. Then within 25 Roomian & Associates, (415) 362-5920 SFPD 110796498 000502 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 nanoseconds, Troy’s pulling down the stairs and 2 says, “We need a 408.” I said, “Yeah, we have the 3 medics outside,” I told him. “They’re, they’re 4 right here,” and so, I got out of his way, so that 5 he can get past. Then the medics were right there. 6 They picked 7 inside the house now fearing, okay, the suspect’s 8 out there with, you know. I thought he had fired a 9 gun, because I didn’t know who had fired a gun. I up and carted away. I went 10 heard popping sounds that I knew was a weapon, 11 that’s all I knew, and I went up to assist. 12 ADA SULLIVAN: Okay. Thank you, very much. 13 SERGEANT WARNKE: I just want, I have a 14 couple of follow-up questions. You’ve been an 15 officer for how long? 16 OFFICER WONG: Twenty-two years. 17 SERGEANT WARNKE: Twenty-two years. Can you 18 tell us about your previous assignments, besides 19 you work at Richmond Station now? 20 OFFICER WONG: Yes. 21 SERGEANT WARNKE: Can you tell us about your 22 previous assignments? 23 24 OFFICER WONG: I worked at Mission Station prior to that. 26 Roomian & Associates, (415) 362-5920 SFPD 110796498 000503 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 SERGEANT WARNKE: Do you remember how long? 2 OFFICER WONG: Uh, nine, I guess nine to 3 ten years at Mission. 4 SERGEANT WARNKE: Okay. And prior to that? 5 OFFICER WONG: Uh, trained at Northern 6 7 Station. SERGEANT WARNKE: Trained at Northern. So, 8 you’ve been in 22 years. You’ve been at Richmond, 9 it looks like maybe 11, 12 maybe? 10 11 12 OFFICER WONG: Yeah. I guess it’s closer to 12. SERGEANT WARNKE: And you spent nine years at 13 Mission. So, not the exact same circumstances, but 14 you’ve been to intense situations before, 15 stabbings, shootings. 16 OFFICER WONG: All of my life. 17 SERGEANT WARNKE: Your whole life, so you’ve 18 19 20 21 been to several of these. OFFICER WONG: My whole life. I grew up in the Double Rock Housing projects. SERGEANT WARNKE: Okay. So, you’ve seen a lot 22 of stuff in your 22 years as an officer. Okay. And 23 as far as…how far away were you when you realized 24 that the officers weren’t there anymore? You said 27 Roomian & Associates, (415) 362-5920 SFPD 110796498 000504 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 you went back, you went to get the number and the 2 officers weren’t… 3 OFFICER WONG: Yeah. Just… 4 SERGEANT WARNKE: Do you remember how far 5 6 7 away you were? OFFICER WONG: Uh, where the wagon was parked, so that’s, gee, maybe 50 feet or more. 8 SERGEANT WARNKE: 50 feet? Okay. 9 OFFICER WONG: At least. SERGEANT WARNKE: So, you couldn’t hear 10 11 anything. 12 OFFICER WONG: I couldn’t hear. 13 SERGEANT WARNKE: Coming from the house. 14 OFFICER WONG: No. 15 SERGEANT WARNKE: But you weren’t close 16 enough to hear what maybe the officers at the door 17 were hearing? 18 OFFICER WONG: No, I didn’t hear. 19 SERGEANT WARNKE: Okay. I don’t have any 20 21 further questions. INSPECTOR CUNNINGHAM: The last thing. When 22 you were out in front and after it all went down, 23 did any neighbors come up to you and make mention 24 that there have been problems there before or? 28 Roomian & Associates, (415) 362-5920 SFPD 110796498 000505 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 OFFICER WONG: Not to me, no. 2 INSPECTOR CUNNINGHAM: Did they make 3 mention of anybody else that you know of that might 4 have told you? 5 OFFICER WONG: Uh, I didn’t speak with 6 them at all. I know later on, as officers 7 responded, they spoke to someone, and I do believe, 8 I did see them talk to, uh, 9 don’t know what was said or. 10 INSPECTOR CUNNINGHAM: 11 OFFICER WONG: ], but I Okay. And I wanted to get to 12 them, because I know I'm going to need to put them 13 in the report. 14 INSPECTOR CUNNINGHAM: 15 OFFICER WONG: 16 Because it’s going to be my report. 17 INSPECTOR CUNNINGHAM: 18 OFFICER WONG: 19 INSPECTOR CUNNINGHAM: 20 ATTORNEY SHEA: 21 Right. Right. But I [was on the scene]. Okay. Uh, the ERIW, that’s the Extended Range Impact Weapon? 22 OFFICER WONG: Yes. 23 ATTORNEY SHEA: Could you just describe 24 what that is? 29 Roomian & Associates, (415) 362-5920 SFPD 110796498 000506 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 OFFICER WONG: It’s basically a shotgun 2 with a bean bag round in it. It’s to, designed to, 3 you know, immobile somebody. 4 5 6 ATTORNEY SHEA: So, it’s a less-lethal method. OFFICER WONG: Less-lethal, yeah. It 7 won’t, will not kill you unless you’re too close. 8 You know, it can, but it will not kill a person. 9 ATTORNEY SHEA: And when you and Officer 10 Hernandez decided not to make entry, did you know 11 that the ERIW was on the way? 12 OFFICER WONG: Yes. 13 ATTORNEY SHEA: That was over the radio, 14 you heard that? 15 OFFICER WONG: Yes. 16 ATTORNEY SHEA: And…okay. 17 OFFICER WONG: Everybody responded so 18 fast, I mean, I think I took less than a minute to 19 get there myself. 20 ATTORNEY SHEA: And then the, the timeframe 21 on this thing, from the time, uh, that you made 22 contact with the victim to the time that the shots 23 were fired and the house was cleared, can you give 24 us an idea of, was that like a minute, two minutes? 30 Roomian & Associates, (415) 362-5920 SFPD 110796498 000507 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 2 OFFICER WONG: Yeah, maybe two minutes maybe. 3 ATTORNEY SHEA: So, pretty fast? 4 OFFICER WONG: It went down too fast 5 6 7 actually. ADA SULLIVAN: Can I follow-up with just a couple of questions for you? 8 OFFICER WONG: Yeah. 9 ADA SULLIVAN: So, that is you’ve been 10 trained, uh, to use the extended range weapon. 11 Right? 12 OFFICER WONG: Yes. 13 ADA SULLIVAN: So, you’re familiar with 14 what [unintelligible] is. Correct? 15 OFFICER WONG: Yes. 16 ADA SULLIVAN: So, at any point, uh, did 17 you hear the extended range weapon go off while you 18 were there? 19 OFFICER WONG: What I heard, to me, was, 20 uh, I thought I heard three popping sounds. It 21 didn’t sound loud and it won’t sound loud if you’re 22 outside, because that’s gunfire when you’re 23 indoors, it’s a whole different… It’s not like 24 shooting out where it’s going to echo a lot. So, a 31 Roomian & Associates, (415) 362-5920 SFPD 110796498 000508 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 lot of sounds get muffled. It sounds like a small 2 caliber when indeed, it could be something bigger. 3 ATTORNEY SHEA: There’s an extended range 4 weapon and an extended range impact weapon. Right? 5 Those are two different things? 6 ADA SULLIVAN: In this case, what I'm 7 asking about is the bean bag shotgun, for lack of a 8 better phrase. And in that situation, the three 9 popping sounds that you heard, did they appear to 10 11 12 be consistent? OFFICER WONG: yeah, for me. 13 ADA SULLIVAN: 14 apart they were spaced? 15 OFFICER WONG: 16 17 18 19 Uh, yes. At that moment, And can you tell how far Just pop, pop, pop, that’s what I heard. ADA SULLIVAN: Okay. So, right…one after the other? OFFICER WONG: Yeah, pretty much, not 20 like, you know, pretty—pop, pop, pop is what I 21 heard. 22 ADA SULLIVAN: All right. 23 SERGEANT WARNKE: Anybody else have any 24 questions? Okay. It’s approximately 1300 hours. 32 Roomian & Associates, (415) 362-5920 SFPD 110796498 000509 Officer Robert Wong #2005 – OIS 110 796 498 10/03/2011 1 2 We’ll conclude this interview. END OF DOCUMENT 33 Roomian & Associates, (415) 362-5920 SFPD 110796498 000510 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 SERGEANT SCOTT WARNKE: This is Scott Warnke, 2 Sergeant, Star number 1397, San Francisco Police 3 Department. Today is Monday, October 3rd, 2011, 4 it’s approximately 1540 hours. We are in the 5 Homicide Detail interview room, the Hall of Justice 6 at 850 Bryant Street. This is an interview 7 regarding Case number 110 796 498 and present is… 8 9 10 11 12 13 14 15 16 17 18 SERGEANT BILL BRACONI: Sergeant Bill Braconi, Star 2246, with the Homicide Detail. INV. JIM POSADA: Investigator Jim Posada, SF DA, 7044. ADA MIKE SULLIVAN: Mike Sullivan, Assistant District Attorney. ATTY CHRISTOPHER SHEA: Christopher Shea, Attorney for the Police Officers Association. SERGEANT LAWRENCE GRAY: Uh, Lawrence Gray, Sergeant of Police at Richmond Station, Star 1304. SERGEANT WARNKE: Okay, Sergeant Gray. So 19 we’re clear, this is a voluntary statement and 20 you’re here with counsel. Is that correct? 21 SERGEANT GRAY: Yes. 22 SERGEANT WARNKE: Okay. Sergeant Gray, do you 23 24 remember your date of entry into the Department? SERGEANT GRAY: Date of, I was a civilian 1 Roomian & Associates, (415) 362-5920 SFPD 110796498 000511 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 in the Department. My first day was the first day 2 of the As a police officer, it was . 3 4 5 SERGEANT WARNKE: Okay. And your current assignment? 6 SERGEANT GRAY: Is Richmond Police Station. 7 SERGEANT WARNKE: And how long have you been 8 9 10 11 12 there? SERGEANT GRAY: Uh, about a year. SERGEANT WARNKE: And prior to that, your other places that you’ve worked? SERGEANT GRAY: I worked at Mission Station 13 for about 15 years, Central Station for 8, 14 Southeast, Bayview, Potrero, whatever you want to 15 call it, about 6 out there. Uh, 3 years on the 16 Honda Unit, a year in Recruitment, 6 months at the 17 Airport, 4 weeks at Taraval. 18 19 SERGEANT WARNKE: All right, thank you. And your shift today? 20 SERGEANT GRAY: Day watch. 21 SERGEANT WARNKE: Day watch, and the hours on 22 your day watch? 23 SERGEANT GRAY: 06 to 16. 24 SERGEANT WARNKE: And you’re in uniform now, 2 Roomian & Associates, (415) 362-5920 SFPD 110796498 000512 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 is that your uniform today? 2 SERGEANT GRAY: Yes. 3 SERGEANT WARNKE: Okay. And your call sign? 4 SERGEANT GRAY: Uh, 3 George 104. 5 SERGEANT WARNKE: And you’re a sergeant, were 6 you by yourself today? 7 SERGEANT GRAY: Yes. 8 SERGEANT WARNKE: Okay. And you’re in uniform 9 now. I see you have your radio on your gun belt, 10 and all the other equipment. I can see your gun, I 11 can’t see your, uh, what other equipment you were 12 wearing during the incident. Pepper spray? 13 14 SERGEANT GRAY: This is, this is the uniform. 15 SERGEANT WARNKE: Okay. Do you have a baton? 16 SERGEANT GRAY: I always have my baton. 17 SERGEANT WARNKE: Okay. At approximately 18 7:00, a little after 7:15, there was an incident on 19 the 600 block of Funston. Can you tell us what, 20 what happened, your involvement? 21 SERGEANT GRAY: Uh, there was a call of a 22 stabbing. Uh, had stabbed I 23 believe they stated there was a stab wound to the 24 hand, and I started rolling in that direction with 3 Roomian & Associates, (415) 362-5920 SFPD 110796498 000513 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 most of the Richmond day watch. 2 SERGEANT WARNKE: Okay. 3 SERGEANT GRAY: Do you want more, more of 4 what I did? 5 SERGEANT WARNKE: Just…sure. 6 SERGEANT GRAY: Uh, I was probably the 4th 7 unit there. Uh, determined the house…my computer 8 wasn’t working, so I found the location by where 9 the officers were. Uh, saw the blood. Officer Wong 10 was interviewing the victim. Uh, we found out that 11 the suspect was still in the building, and we just 12 sort of held back until the, uh, ERIW arrived on 13 scene. 14 When that officer arrived, Officer Ison, he 15 made entry in the building to look for the suspect 16 and any other victims. Uh, officers, it’s 17 [unintelligible] up the first step, uh, flight of 18 stairs. I was probably, I don’t know, maybe the 19 fifth officer going up. Officers went to the right, 20 to the living room area, the western part of the 21 building to clear that room. Uh, that room was 22 cleared. Officers moved to the next room, which is 23 directly at the top of the stairs. 24 At that time, uh, Officer Carrasco said he saw 4 Roomian & Associates, (415) 362-5920 SFPD 110796498 000514 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 a body; there’s a body down. I looked over there, 2 saw a 3 went in, grabbed 4 down the hallway, past me, and then down the 5 stairways; he got 6 have a visual of the suspect, but there was a great 7 deal of yelling—Stop, stop. A lot of other yelling, 8 I couldn’t tell you what the particular words were. 9 Then I saw a figure. Officer Heppler was to my completely motionless. Officer Carrasco by the legs, and dragged down. After that, I didn’t 10 right, he was kind of backpedaling and then fired 11 his firearm on the suspect. 12 What else to add? Announcements were made, 13 “Police, Police,” as we went up the stairs, the 14 entire time. I know for a fact that the mic was 15 keyed and the announcement was made over the air. 16 Immediately called for 408s, multiple. I knew that 17 one was already en route for the, uh, the first 18 victim, and I ordered up two additional 408s. I 19 couldn’t see the 20 had got 21 building and, uh, like I said, 22 lifeless to me. 23 24 victim anymore, down the stairs, got Troy out of the appeared The, uh, the suspect was breathing, not a lot of blood; was on the ground. The knife, had 5 Roomian & Associates, (415) 362-5920 SFPD 110796498 000515 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 had two knives. The knives were away from 2 and I just called for the ambulance. 3 looking good, but 4 showed up; not as fast as I would like. 5 body, wasn’t was breathing and, uh, a 408 I don’t know what… Uh, the ERIW was, uh, used. 6 I wasn’t aware of it at the time. I heard rapid 7 gunfire. If I was to guess, and I'm sure I'm not 8 supposed to, but I think I heard three rounds. Uh, 9 it was a series of shots. I had no knowledge of the 10 ERIW being used until Officer Ison said, “Yeah. It 11 did nothing. I shot and it did nothing,” and then I 12 saw the wadding and the casing. 13 SERGEANT WARNKE: Okay. Thank you. When you 14 first got there, you said you saw Officer Wong 15 speaking with the victim? 16 SERGEANT GRAY: Right. I didn’t really see 17 the victim. He had taken the victim away from the 18 front door area; I saw him speaking with 19 20 SERGEANT WARNKE: . And you were informed that the suspect was inside? 21 SERGEANT GRAY: Correct. 22 SERGEANT WARNKE: And what, what, did they 23 tell you there could be other people inside, 24 besides the suspect? 6 Roomian & Associates, (415) 362-5920 SFPD 110796498 000516 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 SERGEANT GRAY: I don’t recall that. 2 SERGEANT WARNKE: All right. Did you see, 3 4 notice anything about the scene when you arrived? SERGEANT GRAY: There was a great deal of 5 blood at the, uh, the front door. Uh, there was a 6 trail of blood on the sidewalk. Uh, looking inside, 7 there was blood; there was plenty of blood. There 8 was blood on the walls, on the bannister. 9 SERGEANT WARNKE: So, the blood you saw 10 outside. Did you see that as you, or after you 11 arrived, before you went in? 12 SERGEANT GRAY: Correct. 13 SERGEANT WARNKE: Okay. Did you see Officer 14 15 16 Heppler fire his weapon or did you…? SERGEANT GRAY: I was there. I was as close as you and me, and no, I did not. 17 SERGEANT WARNKE: And where were you looking? 18 SERGEANT GRAY: I was on the stairway, top 19 landing, but not on the floor, and I was facing the 20 bedroom directly across. There’s a bedroom—it’s 21 not, it’s a living room to the right. Top of the 22 stairs, there’s, there’s a bedroom, and my focus 23 was mostly that bedroom and the officers searching 24 there, because I had known the room to the right 7 Roomian & Associates, (415) 362-5920 SFPD 110796498 000517 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 had been cleared. 2 SERGEANT WARNKE: Was your weapon drawn? 3 SERGEANT GRAY: No. 4 SERGEANT WARNKE: Okay. Did you know, any 5 officers in the room you were looking at, straight 6 across, was a bedroom? 7 SERGEANT GRAY: Uh? 8 SERGEANT WARNKE: The room you were looking 9 towards. 10 SERGEANT GRAY: Yes? 11 SERGEANT WARNKE: Were there any officers in 12 13 14 15 that room? SERGEANT GRAY: I know Officer Ison was there. I believe that Officer Hernandez was there. SERGEANT WARNKE: Do you recall when the, 16 when the shots rang out, who…did you have a visual 17 on any other officers? 18 SERGEANT GRAY: The suspect came by me and 19 went to the ground. I could see Officer Ison at the 20 doorway. I knew Officer Hernandez was in the room, 21 but I can’t say I saw him in the room. 22 SERGEANT WARNKE: Okay. 23 SERGEANT GRAY: I saw Officer Ison directly 24 across from me. 8 Roomian & Associates, (415) 362-5920 SFPD 110796498 000518 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 SERGEANT WARNKE: 1 2 Okay. Did the suspect say anything to you? 3 SERGEANT GRAY: No. 4 SERGEANT WARNKE: And did you see what was in hands? 5 SERGEANT GRAY: 6 I did not. At the time, no. 7 I saw the knife when 8 not, I really did not see 9 like a blur, a blur going by, and the discharge. SERGEANT WARNKE: 10 11 SERGEANT GRAY: How close do you think Four feet. Four feet and closing. SERGEANT WARNKE: 14 15 go by me. It was more was to Officer Heppler? 12 13 hit the ground, but I did And what about Officer Ison? 16 SERGEANT GRAY: Probably closer even yet. 17 SERGEANT WARNKE: So, your reason for entry 18 was you were told 19 and the suspect was still inside. SERGEANT GRAY: 20 had stabbed , Right. It’s an armed 21 suspect on an assault with a deadly weapon and the 22 possibility that there’s more victims inside. We 23 didn’t know what was going on there. We heard it 24 was , so , yet we were 9 Roomian & Associates, (415) 362-5920 SFPD 110796498 000519 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 concerned about other people injured and an armed 2 suspect. 3 SERGEANT WARNKE: And you, you remember 4 hearing stop, stop? 5 SERGEANT GRAY: Right. 6 SERGEANT WARNKE: Do you remember any other 7 phrases? 8 SERGEANT GRAY: No, I don’t. 9 SERGEANT WARNKE: Do you know… SERGEANT GRAY: I mean there was other 10 11 12 13 yelling, but I remember stop, stop. SERGEANT WARNKE: Uh-huh. Did you yell out any commands? 14 SERGEANT GRAY: No. 15 SERGEANT WARNKE: Okay. Do you know who was 16 yelling stop, stop? 17 SERGEANT GRAY: No. 18 SERGEANT WARNKE: And after the suspect, 19 we’ll call 20 anything? the suspect, fell, 21 SERGEANT GRAY: No. 22 SERGEANT WARNKE: But 23 SERGEANT GRAY: 24 didn’t say was breathing? was breathing, obviously breathing, to the point—breathing and moving 10 Roomian & Associates, (415) 362-5920 SFPD 110796498 000520 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 around. Like, you know, keep an eye on those damn 2 knives. 3 about. 4 5 6 was still, SERGEANT WARNKE: was still moving What happened to the knives? SERGEANT GRAY: Uh, the knives were left 7 at the scene, I believe. The Crime Lab 8 [unintelligible]. When I left, the knives were 9 still on the, uh, on the floor. 10 SERGEANT WARNKE: Okay. Was this, this is a 11 photograph, there’s an evidence marker, [they’re] 12 at the six. 13 SERGEANT GRAY: Yes. 14 SERGEANT WARNKE: Those are the knives? 15 SERGEANT GRAY: Correct. 16 SERGEANT WARNKE: Okay. And then you 17 supervised the scene? 18 SERGEANT GRAY: Yes. 19 SERGEANT WARNKE: All right. Sergeant 20 21 Braconi? SERGEANT BRACONI: Hey, Sergeant. Uh, so when 22 you saw the blood in the, uh, entryway of the 23 house, did you know whose blood that was? 24 SERGEANT GRAY: I did not know. I thought 11 Roomian & Associates, (415) 362-5920 SFPD 110796498 000521 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 it was the victim’s blood, but no, it was a bloody 2 scene. SERGEANT BRACONI: 3 Okay. So, you didn’t know 4 if it was the victim you had outside or if there’s 5 more victims inside at that point? SERGEANT GRAY: 6 7 scene, but yeah. SERGEANT BRACONI: 8 9 Exactly, it was a bloody But it could have been people inside. 10 SERGEANT GRAY: Absolutely. 11 SERGEANT BRACONI: Bleeding. 12 SERGEANT GRAY: Absolutely. 13 SERGEANT BRACONI: Or it could have been, it 14 was definitely somebody outside bleeding. Okay. So, 15 you didn’t know whose blood that was at the time. 16 Uh, one thing I wanted to clarify, because I was a 17 little confused, when Carrasco got to the victim, 18 the victim. 19 SERGEANT GRAY: Yes. 20 SERGEANT BRACONI: First of all, do you know 21 how 22 down, do you recall? 23 24 was positioned? Was SERGEANT GRAY: face up or face was, uh, was face down, uh, feet pointing west. 12 Roomian & Associates, (415) 362-5920 SFPD 110796498 000522 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 SERGEANT BRACONI: 1 2 started to pull Okay. And, uh, Carrasco to safety? 3 SERGEANT GRAY: Correct. 4 SERGEANT BRACONI: Okay. And that was prior to 5 the, you ever seeing this blur of a suspect coming 6 by? SERGEANT GRAY: 7 Uh, yes, quite a bit. 8 Things happened very fast, but yes, uh, was 9 clearly out of the hallway and halfway down the 10 stairs, maybe more than halfway, but I knew halfway 11 down the stairs before, uh, the suspect came out or 12 the discharge. SERGEANT BRACONI: 13 to get…like in other words, the suspect didn’t, 14 15 16 17 18 19 So, no one had to step over when , when came towards… SERGEANT GRAY: No, it was a clear, it was a clear path. SERGEANT BRACONI: There was no, there was nobody to step over or anything? 20 SERGEANT GRAY: Absolutely a clear path. 21 SERGEANT BRACONI: Okay. Thank you. Uh, did 22 you observe, uh, Officer Ison pointing the ERIW in 23 any particular direction or, or do you remember? 24 SERGEANT GRAY: No. 13 Roomian & Associates, (415) 362-5920 SFPD 110796498 000523 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 SERGEANT BRACONI: Okay. Do you know where 2 Officer Filamor was during this, uh, incident, 3 inside the residence? 4 SERGEANT GRAY: He was doing, he was 5 clearing the, uh, front room, the far west of the 6 flat. 7 SERGEANT BRACONI: Okay. And then, after the 8 suspect, the incident with the suspect and Officer 9 Heppler, and whoever, whatever gunfire you heard 10 erupt, the suspect goes down. 11 SERGEANT GRAY: Right. 12 SERGEANT BRACONI: And then, what happened 13 then, at that point. Was it, uh, who went to clear 14 the rest of the house? 15 SERGEANT GRAY: I stepped up to the 16 suspect’s area, made sure that the ambulances were, 17 uh, continuing, and we continued to clear the house 18 for more victims, additional suspects. It was still 19 a, uh, still a hot scene. I couldn’t, uh, I mean, I 20 wanted a 408 there, but they’re not going to come 21 up the stairs until the place is cleared. Uh, 22 Officer Ison and Ferretti continued down, checked 23 the bathroom on the left, saw a motion or heard 24 something in one of the bedrooms. Saw a 14 Roomian & Associates, (415) 362-5920 SFPD 110796498 000524 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 called out for 2 out, come out,” and 3 all, not communicating. Came out of the room, round 4 the corner, went into another bedroom; they went to 5 get 6 this, calling. 7 the door, 8 suspect. 9 and got 10 , “Come out. Police. Police, come was not responding well, at Again, suspect/victim, who the heck is not responding. They forced wasn’t damaged, wasn’t the was not cooperating, they cuffed out of the scene. SERGEANT BRACONI: And was that prior to the 11 ambulance, uh, responding? Was that while the 12 suspect was still down or was that [inaudible]? 13 SERGEANT GRAY: The suspect was still down. 14 SERGEANT BRACONI: Okay. So, the ambulance 15 hadn’t been into the house yet? 16 SERGEANT GRAY: I don’t believe so, no. 17 SERGEANT BRACONI: Okay. 18 SERGEANT GRAY: I mean we, it was still not 19 secure and yeah. 20 SERGEANT BRACONI: Okay. That’s all I have. 21 SERGEANT WARNKE: Can I go back to the, uh, 22 you were in uniform, Officer Ison? 23 SERGEANT GRAY: Uniform. 24 SERGEANT WARNKE: Officer Carrasco? 15 Roomian & Associates, (415) 362-5920 SFPD 110796498 000525 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 SERGEANT GRAY: Plainclothes. 2 SERGEANT WARNKE: Do you remember what he was 3 wearing? 4 SERGEANT GRAY: No. 5 SERGEANT WARNKE: Okay. Do you know if his 6 Star was visible? 7 SERGEANT GRAY: Yes. 8 SERGEANT WARNKE: Where was his Star at? 9 SERGEANT GRAY: Hanging off his neck in 10 11 12 front. SERGEANT WARNKE: And Officer Heppler, do you remember what he was wearing? 13 SERGEANT GRAY: I should; no, I don’t. 14 SERGEANT WARNKE: Was he in uniform or? 15 SERGEANT GRAY: No, he’s plainclothes. 16 SERGEANT WARNKE: Plainclothes. Was his Star 17 out? Was his Star visible? 18 SERGEANT GRAY: I couldn’t say on that one. 19 SERGEANT WARNKE: Okay. Officer Filamor? 20 SERGEANT GRAY: Uniform. 21 SERGEANT WARNKE: Uniform. Officer Wong? 22 SERGEANT GRAY: Uniform. 23 SERGEANT WARNKE: Was anybody else in 24 plainclothes? I guess that’s my… 16 Roomian & Associates, (415) 362-5920 SFPD 110796498 000526 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 SERGEANT GRAY: No. 2 SERGEANT WARNKE: Okay. Just Carrasco and 3 Heppler were plainclothes? 4 SERGEANT GRAY: Correct. 5 SERGEANT WARNKE: Okay. 6 SERGEANT GRAY: And I don’t remember 7 Officer Wong ever coming upstairs. 8 SERGEANT WARNKE: 9 DAI POSADA: Okay. 10 SERGEANT WARNKE: 11 ADA SULLIVAN: No questions. 12 13 [DA] Sullivan? At the, uh, the time that you heard the gunfire, uh, where were you standing? SERGEANT GRAY: I was standing at the top 14 landing of the stairway. It’s not, there’s probably 15 two more short, little steps. It’s right where the 16 stairway makes a turn; I was at the top there. 17 18 19 ADA SULLIVAN: And did you have a view of the subject at that time? SERGEANT GRAY: I took a view of the victim 20 down. Officer Carrasco went to, uh, move , 21 dragged 22 had to get small, up against the wall, so he could 23 get the body back, so I did not have the visual. 24 Like I said, all I saw was a blur go by toward out. Because I was in the stairway, I 17 Roomian & Associates, (415) 362-5920 SFPD 110796498 000527 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 Heppler and then the shots. ADA SULLIVAN: 2 So, uh, after the shots, did 3 you make visual observation of the subject at that 4 time? 5 SERGEANT GRAY: 6 ADA SULLIVAN: Yes. And, uh, where, where was the 7 knife at the time, when you first looked at the 8 suspect? SERGEANT GRAY: 9 10 2 feet in front of 11 ADA SULLIVAN: 12 It was maybe 18 inches to body. Okay. And do you recall whether you saw one knife or more than one knife? SERGEANT GRAY: 13 No, I saw two knives. The 14 ones that, the picture I saw, those are the two 15 knives. ADA SULLIVAN: 16 And were they, uh, did it 17 appear, at any point did you have any reason to 18 believe that the subject was holding both knives in 19 one hand or whether 20 each hand? SERGEANT GRAY: 21 22 was holding one knife in No, no knowledge of that, no. 23 ADA SULLIVAN: 24 SERGEANT WARNKE: Thank you. Sergeant Gray, I want to 18 Roomian & Associates, (415) 362-5920 SFPD 110796498 000528 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 show you a photo of the hallway Sergeant Waaland is 2 in, and there’s also a picture of Venice. It’s the 3 hallway looking east. 4 SERGEANT GRAY: Right. 5 SERGEANT WARNKE: Can you tell us where you 6 were, in regards to that? 7 SERGEANT GRAY: Right there. 8 SERGEANT WARNKE: And you’re pointing to 9 where Sergeant Waaland is standing. 10 SERGEANT GRAY: In the far left-hand side. 11 SERGEANT WARNKE: Are you facing the same 12 direction? Were you facing the same direction 13 is? 14 SERGEANT GRAY: Yes. 15 SERGEANT WARNKE: Okay. 16 ATTORNEY SHEA: Can you just tell us, in 17 that photograph, where, uh, Heppler was? Can you 18 describe where he was by looking at that picture? 19 SERGEANT GRAY: By looking at the picture? 20 ATTORNEY SHEA: Yeah. 21 SERGEANT GRAY: He, it wouldn’t be in 22 sight, but he would be on this three feet—he 23 backpedaled. He was here, he, he went back. So, 24 from here to five feet. 19 Roomian & Associates, (415) 362-5920 SFPD 110796498 000529 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 ATTORNEY SHEA: 1 Okay. So, approximately, if 2 you had to, uh, estimate from the evidence marker 3 number two, how far back from that one do you think 4 he was? 5 SERGEANT GRAY: From there… 6 ATTORNEY SHEA: Can you tell, did you, did SERGEANT GRAY: Five, uh, no, it’s more 7 8 9 10 11 you… than five. It’s going to be more like seven. From that marker, maybe eight feet back. ATTORNEY SHEA: Okay. And where was he? Did 12 you see him when he started retreating? Where he 13 was when he started retreating? 14 15 SERGEANT GRAY: Yeah, he was in my field of vision. 16 ATTORNEY SHEA: Okay. 17 SERGEANT GRAY: He was, uh, probably where 18 this picture began. 19 ATTORNEY SHEA: Okay. 20 SERGEANT GRAY: And, and backpedaled. 21 ATTORNEY SHEA: So, near the edge, near 22 23 24 this bannister post, or further west of that? SERGEANT GRAY: Maybe. Maybe, yeah, maybe even further. Maybe, like I said, maybe a foot back 20 Roomian & Associates, (415) 362-5920 SFPD 110796498 000530 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 from the post. 2 ATTORNEY SHEA: Okay. 3 SERGEANT WARNKE: And just so, I want 4 everyone to hear and confer on this, we’re talking 5 back and back would be actually to the west. 6 SERGEANT GRAY: To the west, correct. 7 SERGEANT WARNKE: Okay. All right. 8 DAI POSADA: 9 SERGEANT WARNKE: If… DAI POSADA: Go ahead. 10 Looking at the same photo, can 11 you tell about where, uh, where Ison, Officer Ison 12 was? 13 14 SERGEANT GRAY: right there. 15 DAI POSADA: 16 ATTORNEY SHEA: 17 He was in this doorway Okay. And you’re talking about the doorway that you see the hinges on? 18 SERGEANT GRAY: Correct. 19 ATTORNEY SHEA: On the right-hand side of 20 the photograph? 21 SERGEANT GRAY: Correct. 22 ATTORNEY SHEA: Yeah. 23 SERGEANT WARNKE: You good? 24 ATTORNEY SHEA: I’m good. 21 Roomian & Associates, (415) 362-5920 SFPD 110796498 000531 Sergeant Lawrence Gray, #1304 – OIS 110 796 498 10/03/2011 1 SERGEANT WARNKE: Anymore questions? All 2 right. It’s, uh, approximately 1600 and we’ll 3 conclude this interview. 4 ATTORNEY SHEA: Thanks, Sarge. 5 SERGEANT GRAY: Sorry I can’t give… 6 SERGEANT WARNKE: Thank you. 7 END OF DOCUMENT 22 Roomian & Associates, (415) 362-5920 SFPD 110796498 000532 POLICE DEPARTMENT CITY AND COUNTY OF SAN FRANCISCO THOMAS J. CAHILL HALL OF JUSTICE 850 BRYANT STREET SAN FRANCISCO, CALIFORNIA 94103-4603 EDWIN M. LEE MAYOR GREGOM P. SYHR October 11, 2011 CHEF •WM_ICE C Thomas Mazzucco, President San Francisco Police Commission City and County of San Francisco 850 Bryant Street, Room 505 San Francisco, CA 94103 Re: Decision to return Officer William Heppler #1726 to his regular assignment following their involvement in Officer- Involved Shooting #11-006. Dear President Mazzucco: On October 11, 2011, in accordance with Department General Order 8.11, Assistant Chief Denise Schmitt convened a Return to Duty panel to consider whether Officer William Heppler #1726 should return to his regular assignments following their involvement in an officer-involved shooting on October 03, 2011. This panel consisted of the following members: • Deputy Chief Denise Schmitt, Office of Administrative Services (Chair) • Deputy Chief Kevin Cashman, Office of Operations • Commander Mikail Ali- Operations Bureau- Golden gate Division • Commander Michael Biel- Operations Bureau- Investigations Bureau • Commander Lyn Tomioka — Chief of Staff Office • Captain Keith Sanford- Commanding officer Richmond Station • Lieutenant Robert Vick- Internal Affairs Division • Lieutenant Hector Sainez- Homicide Division • Inspector Scott Wamke- Homicide Division • Sergeant Mary Dunnigan, Behavioral Science Unit • Sergeant Michael Nevin, Internal Affairs Division/OIS Investigator • Sergeant Kirk Tomioka, Internal Affairs Division/OIS Investigator The panel considered all of the investigative information summarized by Lt. Sainez of the Homicide Detail. Sergeant Dunnigan confirmed that the involved member participated in the mandatory debriefing, as required by Department policy. As with all officer-involved shootings, the Internal Affairs Division recommended that the officers participate in a Post Discharge Firearm Debrief at the Range and in Force Options/ and Defensive Tactics training at the Academy. After hearing the presentations and ensuing discussion, the panel recommended the return of Officer William Heppler #1726 to his regular assignment upon completion of the above-recommended training. SFPD 110796498 000533 10111111 Return to Duty OIS #11.006 Based upon the facts and circumstances known at this time, and after consulting with the appropriate Department personnel as described in Department General Order 8.11, I find that Officer William Heppler #1726 should be returned to his regular assignment. In accordance with Department General Order 8.11, I look forward to discussing my finding and decision with you at the next regularly scheduled Police Commission meeting. Sincerely, Chief of Police Ms. Joyce Hicks (OCC) Page 2 of 2 SFPD 110796498 000534 POLICE DEPARTMENT CITY AND COUNTY OF SAN FRANCISCO THOMAS J. CAHILL HALL OF JUSTICE 850 tIRYANT STREET SAN FRANCISCO, CALIFORNIA -W 034603 GREGORY P. SUHR EDWIN M. LEE CHIEF OF POLICE -MAYOR Januaty 16, 2014 • Honorable Police Commission City and County of San Francisco 1350 Bryant. Street, Room 505 - San Francisco, CA 94103 -J Re: Fourth Quarter 2013 FDRB Findings and Recommendations Dear Commissioners: On Tuesday, January 14, 2014, at approximately 1030 hours, pursuant to and in compliance with Department General Order 3:10.1, Subsection D, the Firearm Discharge Review Board convened to re:view completed Officer Involved Discharge (DID.) and Officer Involved Shooting (0.I.S.) investigations for the Fourth Quarter 2013: The Firearm Discharge Review Board reviewed completed 11-006. A summary of these incidents is attached, The FDRB was comprised as follows Assignments Voting Board Members Administratien Bureau .Operations Bureau Special Operations Bureau Airport Bureau Deputy Chief David Shinn (Chair) Deputy Chief John Loftus., Deputy Chief Charlie Orkes. •Deputy Chief Denise Schmitt. Assignments Advisory Board Members Commissioner Julius Turman Attorney Samara Marion Captain Christopher Pedrini Captain David La?ar Sergeant Wally Gin • • Police Commission Office of Citizen Complaints -.Risk Management Office Police Academy SFPD Range Also present were Lieutenant Robert Vick, Sergeant John Crude, Sergeant ric Altorfer, and Sergeant Jayme Campbell, all of the Internal Affairs Division. Lieutenant Timothy Paine, previously assigned to the Internal Affairs Divisionand Lieutenant Chris Woon Of the Legal Division. SFPD 110796498 000535 Lieutenant Paine presented OIS 11-006. After considering the facts, conclusions, and recommendations in this case, the FDRB unanimously voted to concur with the finding "In Policy" for this incident •The findings of the 4" Quarter Firearm Discharge Review Board were forwarded to my office. I concur. with the findings and recommendations of the FDRB in and 11-006. Sincerely, Gregory s Suhr Chief of Police Attachment: SFPD 110796498 01S/OlD Summaries — LIth Quarter 000536 Firearm Discharge Review Board 41' Quarter 2013 Tuesday, January 14, 2014 01S/0ID Summaries : . . OIS 11-006: On November 03, 2011 at approximately 7:24 AM, numerous Richmond Station officers responded to a stabbing incident on the 600 block of Funston Street. Officers located a stabbing victim in front of a residence. Officers entered the residence and located.a mortally injured second victim. As officers attempted to evacuate this victim, the suspect appeared, holding a knife in each hand. One officer discharged an ERIW beanbag round and another officer fired his service weapon, The suspect was mortally wounded. SFPD 110796498 000537 POLICE DEPARTMENT CITY AND COUNTY OF SAN FRANCISCO THOMAS J. CAHILL HALL OF JUSTICE 850 BRYANT STREET SAN FRANCISCO, CALIFORNIA 94103-4603 EDWIN M. LEE GREGORY P. SUHR MAYOR CHIEF OF POLICE January 29,2014 Honorable Police Commission City and County of San Francisco 850 Bryant Street, Room 505 San Francisco, CA 94103 RE: Officer Involved Shooting (OIS) 11-006 Dear Commissioners: 44,14, This letter is a report summarizing the investigative findings for Officer Involved Shooting OIS 11-006. This summary report is directed to the Police Commission pursuant to Department General Order 8.11, subsection 11.1.1 (as revised 9/21/05). A thorough review of the incident—which included a criminal investigation by members of the San Francisco Police Department Homicide Detail;a criminal investigation and charging determination by the Office of the District Attorney; and an administrative investigation by the San Francisco Police Department Internal Affairs Division—has been completed, and the relevant investigative conclusions are summarized herein. 1. Incident Summary On Monday, October 3, 2011, at approximately 0716 hours, numerous officers assigned to the Richmond District responded to Funston Avenue regarding an A-priority call of a person attacked with a knife. Officer #2, who was the first officer on scene, observed Victim #1 standing on the sidewalk, bleeding heavily from hands. Victim #1 reported that had attacked with a knife inside the residence. Victim #1 said that when assaulted inside the residence, struggled with the suspect and took away a knife. Victim #1 directed Officer #2 to the weapon, a bloody knife located in a planter in front of the residence. Victim #1 told Officer #2 that Suspect #1 had other bladed weapons; that that feared the suspect; and that suspect and other were still inside. While Officer #2 tended to Victim #1, the other arriving officers prepared to make an exigent entry into the premises. They formed a tactical stack of six officers. Uniformed officers (Officer #3 and #4) assumed the front two positions; plainclothes officers (Officers #1 and #5) assumed the two middle positions; and uniformed officers (Officer #6 and Sergeant #1) took the fifth and final positions. Officer #4—the second officer in the stack—carried a less lethal Extended Range Impact Weapon (ERIW). The officers then entered the premises. The officers would later state that their attention was captured by the grisly scene that included a large pool of blood in the foyer and bloody handrails on the stairway. They began clearing the residence, moving to contact and isolate the suspect. As SFPD 110796498 000538 they did so, they repeatedly announced themselves and ordered Suspect #1 to come forward and surrender. The officers worked into the residence toward the stairway. As the stack approached the interior stairway, Officers #3 and 4 turned to their right to clear the rooms in the front of the home. The other officers remained in the stack, holding their defensive position and covering the long axis in front of them. Officers #5 and #1 were now in the front two positions, respectively, of the stack. From their position, looking up the stairway, Officers #5 and #1 could see Victim #2, Suspect #1's was lying face down at the top of the stairs, unresponsive, in a pool of blood. The officers yelled for the suspect to come out and surrender. After repeated announcements, the officers saw a person moving—later identified as Suspect #1' s Victim #3—at the far end of hall atop the stairs. Victim #3 appeared to exit one room at the end of the hallway, cross the hall, and enter another room. Victim #3 ignored the yelling officers, and the officers initially believed that Victim #3 to be the suspect. Victim #2 was audibly gurgling and struggling to breath. Officer #5 told the other officers that he was going to holster his weapon and attempt an emergency evacuation of Victim #2. He told the officers to cover him while he pulled the mortally injured victim to safety and evacuated . Officer #5 moved forward, grabbed Victim #2's ankles, and began to pull to the cleared position of the officers. Officer #1 was now at the front of the stack, covering the hallway at the top of the stairs. •Officers #3 and 4 had worked themselves back to the hallway area, approaching the stack. Suddenly another door in the hallway opened and Suspect #1 emerged, tightly clenching a knife in each of hands. The officers began ordering the suspect to stop and drop weapons, but Suspect #1 ignored them and advanced. Officers later described Suspect #1's "blank," "vacant" eyes as advanced toward them. Officer #1, at the front of the stack, tried to step back as he ordered the advancing suspect to "drop the knife " Officer #1 later stated that it did not appear that Suspect #1 "registered" his commands. When Suspect #1 advanced to within approximately 5 to 7 feet of the officers raised arms abov shoulders; hands were clenched and the blades pointed downward, as assumed an assaultive position. Fearful he was about to be attacked, Officer #5 let go of Victim #2 and began to draw his firearm. Officer #4 stepped out from his position and fired an ERIW round in the defense of Officers #5 and #1, and Victim #2. Almost simultaneously, Officer #1 fired two rounds from his Department-issued firearm in selfdefense and defense of the other officers and victims at the scene. Suspect #1 was hit twice and immediately collapsed. Officers #4 and 6 secured Suspect #1 and seized the two knives. The two officers rendered emergency first aid to the suspect, while the remaining officers cleared the remainder of the house. Victim #3, who also was located in a backroom and secured. ( would later explain that was very fearful of the suspect and had moved to the second room for safety.) 2 SFPD 110796498 000539 SFFD paramedics, who were already on scene treating Victim #1, began to render emergency treatment for Victim #2 and Suspect #1. Victim #2 had multiple stab wounds to head, neck, and upper body. Suspect #1 had two gunshot wounds, as well as numerous slashing injuries (these cuts were later determined to be self-inflicted). Victim #2 and Suspect #1 were transported to San Francisco General Hospital; both were subsequently pronounced dead at SFGH. A crime scene was established and notifications were made. 2. Criminal Investigation Summary A criminal investigation was initiated upon notification of the incident. The investigation was conducted by investigators assigned to the San Francisco Police Department Homicide Detail, and it was jointly attended by investigators from the Office of the District Attorney of the City and County of San Francisco. Investigators from the San Francisco Police Department and Office of the District Attorney responded to the scene. A crime scene was established inside of and in front of Funston. It was a clear, temperate day with no notable wind conditions. CSI responded to this location, processed the scene, and collected identified evidence. Among the items collected and processed were a bloody knife from the planter box at the exterior of the residence, two knives from the interior hallway, the casing from a discharged ERIW beanbag round, and a single .40 shell casing. CSI also collected numerous business cards from the listing various appointment dates. Criminalistics Laboratory Findings Officer #1's Department-issued .semi-automatic 40-caliber Sig Sauer P229 pistol was collected by Range staff and CSI. The pistol was found to have one cartridge chambered and the loaded magazine contained an additional ten rounds. Officer #1's weapon was forwarded to the San Francisco Police Department Criminalistics Laboratory, where it was examined. Officer #1's firearm was subsequently found to be functional, and trigger pull was within manufacturer's specifications. The casing recovered at the scene and a bullet recovered by the Medical Examiner was examined by the Criminalistics Lab. Both were determined to have been fired by Officer #1's weapon. Medical Examiner's Findings An autopsy was perfoimed on Suspect #1 by the Office of the Medical Examiner. Suspect #1's cause of death was determined to be the result of two gunshot wounds to the torso, five (5) stab wounds to the torso, and included multiple self-inflicted, incised wounds to his hand and arm. A bullet was recovered by the Medical Examiner in the course of the autopsy. This bullet was subsequently forwarded to the SFPD Criminalistics Laboratory.As stated above, the report also includes notes on listing a diagnosis of 3 SFPD 110796498 000540 An autopsy was also performed by the Office of the Medical Examiner on Victim #2. cause of death was determined to be the result of more than thirty stab wounds to head, neck, upper torso, and upper extremities. also suffered additional blunt force injuries and trauma. Criminal Investigation Conclusions Statements of the involved officers, victims, and witnesses, physical evidence, forensic evidence, and expert analysis were considered as part of the criminal investigation. Homicide investigators presented their findings in this case to the Office of the District Attorney for review in consideration of any charges in this matter. The Office of the District Attorney for their review, who evaluated them in conjunction with their own investigative conclusions in consideration of any criminal charges to be filed in relation as a result of this incident. In memorializing his decision that the officers had acted lawfully and charges would not be filed, District Attorney George Gascon wrote: The facts in the present case indicate Officer [#1] fired his weapon at [Suspect #1] from a distance of about 5 to 7 feet as [Suspect #1] ignored Officer [#1]'s commands to "Drop the knife" and continued to move directly towards Officer [#1] with two knives held outward. Officer [#1] was aware at the time that Officer [#5] was approximately two feet to his left, trying to move [Victim #2] down the stairs. He also knew that [Victim #1] said [Suspect #1] attacked with a knife, and he had reason to believe that [Suspect #1] was responsible for [Victim #2]' s grave injuries. It was reasonable for Officer [#1] to fire at [Suspect #1] to protect himself, the other officers and [Victim #2]. It is our conclusion that Officer [#1] acted lawfully. 3. Witness Statements In the course of their investigation, criminal investigators interviewed the officers, victims, and witnesses involved in this incident. Interviews were conducted by investigators from the Homicide Detail and the Office of the District Attorney. Criminal interviews were remotely observed by members of the Internal Affairs Division. The officers, with their attorneys present, voluntarily provided their interview statements to the criminal investigators. Officers #1 and #5 later provided compelled interviews, accompanied by their attorneys, in the course and scope of the Internal Affairs Division's administrative investigation. The narrative of events provided by these parties was consistent, as well as in their respective criminal and administrative interviews. Their accounts were also consistent with and substantiated by forensic evidence developed in the course of this investigation. The accounts provided by these parties are incorporated in the summary above. 4 SFPD 110796498 000541 4. Policy and Procedure This Officer Involved Shooting incident was administratively evaluated with respect to Department policy and procedure, with particular focus upon the following statutes and Department General Orders. Penal Code Section 835a Penal Code Section 835a—which is incorporated verbatim in DGO 5.01, Use ofForceunder subsectionI.E.2—justifies an officer's reasonable use of force to effect a detention or arrest: Any peace officer who has reasonable cause to believe that a person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. Department General Order 5.01, Use of Force Department General Order 5.01, Use of Force governs the circumstances in which officers are permitted to use force in the performance of their duties. Particular attention was focused on the following sections: From Section 1. Policy: E. REASONABLE FORCE 1. Officers must frequently employ the use of force to effect arrests and ensure public safety. It is not intended that any suspect should ever be allowed to be the first to exercise force, thus gaining an advantage in a physical confrontation. Nothing in this order should be interpreted to mean that an officer is required to engage in prolonged hand-to-hand combat with all its risks before resorting to the use of force that will more quickly, humanely and safely bring an arrestee under physical control. From Section 1. Policy F. CIRCUMSTANCES JUSTIFYING THE USE OF FORCE 1. Officers may use force in the performance of their duties in the following circumstances: a. To prevent the commission of a public offense. b. To prevent a person from injuring him/herself. 5 SFPD 110796498 000542 c. To effect the lawful arrest/detention or persons resisting or attempting to evade that arrest/detention. d. In self-defense or defense of another person. 2. Before using force the officer should consider these questions: a. What actions on the part of the suspect justify the use of force? b. What crime is being or has been committed? c. Does the situation require the immediate use of force? Department General Order 5.02, Use of Firearm Depat tuient General Order 5.01, Use of Firearm governs the circumstances in which officers are permitted to discharge a firearm in the performance of their duties. Particular attention was focused on the following sections: From Section1Policy: C. DISCHARGE OF FIREARMS PERMISSIBLE CIRCUMSTANCES. Except as limited by Sections C.4 and C.5., an officer may discharge a firearm in any of the following circumstances: a. In self-defense when the officer has reasonable cause to believe that he or she is in imminent danger of death or serious bodily injury. b. In defense of another person when the officer has reasonable cause to believe that the person is in imminent danger of death or serious bodily injury. However, an officer may not discharge a firearm at a person who presents a danger only to him or herself, and there is no reasonable cause to believe that the person poses an imminent danger of death or serious bodily injury to the officer or any other person. c. To apprehend a person when both of the following circumstances exist: (1) The officer has reasonable cause to believe that the person has committed or has attempted to commit a violent felony involving the use or threatened use of deadly force; AND (2) The officer has reasonable cause to believe that a substantial risk exists that the person will cause death or serious bodily injury to officers or others if the person's apprehension is delayed. 6 SFPD 110796498 000543 From Section 1 Policy: C. DISCHARGE OF FIREARMS 1. VERBAL WARNING. If feasible, and if doing so would not increase the danger to the officer or others, an officer shall give a verbal warning to submit to the authority of the officer before discharging a firearm. 2. REASONABLE CARE. To the extent practical, an officer shall take reasonable care when discharging his or her firearm so as not to jeopardize the safety of innocent members of the public. Force Analysis The findings of this investigation establish a preponderance of evidence that Officer #1 discharged his weapon lawfully and in accordance within the guidelines of Department General Orders 5.01 and 5.02. Richmond Station officers were dispatched to an 'A' priority stabbing. Upon their arrival they located an victim, bleeding profusely from the hands, who stated that was stabbed by who was still in the residence. Several officers and a sergeant initiated a tactical response to enter the residence to render aid to other possible victims. This included an officer armed with a less lethal force option. At one point, Officers #3 and#4 moved to clear the front of the residence, while Officers #1 and #5 provided cover down the hallway towards the rear of the residence. Officers #1 and #5 then observed a gravely injured . At great risk to themselves, they attempted an emergency extraction of the victim. In the midst of this attempt, the suspect emerged several feet from the officer. The suspect disregarded the officers' commands to stop and drop weapons. advanced on the officers, menacingly brandishing two knives. Officer #4 fired his ERIW in defense of the officers. At approximately the same time, Officer #1 noted that the suspect had a glazed look in eyes and ignored his orders. He retreated until—fearing an immediate attack on himself or his exposed partner—he fired two rounds at Suspect #1 from his Department-issued firearm. Suspect #1 collapsed immediately.Officer #1 fired his weapon in self-defense, defense of Officer #5, Victim #2, and the others present. Based on the preponderance of evidence Officer #1 fired his weapon in accordance with the law and in compliance with permissible conditions set forth in Department General Order 5.01, Use of Force, Subsections I.F.1.c and I.F.1.d and in Department General Order 5.02, Use of Firearms, Subsections I.C.1.a, I.C.1.b, and I.C.1.c. 7 SFPD 110796498 000544 6. Firearm Discharge Review Board (FDRB) Summary and Findings On January 14,2014, the 4th Quarter 2013 Firearm Discharge Review Board (FDRB) convened to consider the investigative findings and recommendations in this case. Summaries of the criminal and administrative investigations were presented to the board. Summary of Witness Testimony Before the FDRB The criminal and administrative investigative findings in this case were presented by the Internal Affairs Division investigator. No witnesses provided testimony before the •FDRB. Summary of the FDRB Discussion The criminal and administrative investigations were summarized, and evidence and witness testimony that was collected and analyzed in these investigations were presented. Findings per Department General Order 3.10 After reviewing the known facts and investigative conclusions, the Firearm Discharge Review Board unanimously voted to accept the recommended administrative findings, as follows: • Officer #1's use of his firearm on October 3,2011 be found In Policy and Proper Conduct. I concurred with the FDRB findings in this incident, and the case was closed. 7. Recommendations No policy recommendations originating from this incident were put forth or implemented. Sincerely, Gregory P. Suhr Chief of Police 8 SFPD 110796498 000545