LOS ANGELES COUNTY DISTRICT ATTORNEY CHARGE EVALUATION WORKSHEET Page 1 of 28 AGENCY NAME DA CASE NO. 40175332 DATE 02/06/2020 FELONY LASD - INTERNAL CRIMINAL AGENCY FILE NO. (DR OR URN) DA OFFICE CODE VICTIM ASSISTANCE REFERRAL 918-00055-2003-441 J.S.I.D. YES NOTIFY VWAP IZI N0 SUSP CHARGES NO- OFFENSE REASON SUSPECT CODE SECTION DATE CODE NAME (LAST, FIRST PC 242 09/28/2018 MICHAEL PC 242 09/28/2018 PC 09/28/2018 1 DOB SEX BOOKING NO. VIP Yes No Gang Member Name of Gang Victim Gang Member Name of Gang: Victim Name: Victim DOB: NAME (LAST, FIRST PC 242 09/28/2018 I RODR GRE OR PC 09/28/2018 2 DOB SEX BOOKING NO. VIP -- Yes No I'ul Gang Member Name of Gang Victim Gang Member Name of Gang: Victim Name: Victim DOB: NAME (LAST, FIRST SILVERIO DAVID PC 242 09/28/2018 3 DOB SEX awn BOOKING NO. VIP Yes No Gang Member Name of Gang Victim Gang Member Name of Gang: Victim Name: Victim DOB: Comments SEE ATTACHED. COMPLAINT DEPUTY (print) COMPLAINT DEPUTY (SIG URE) STATE BAR NO. REVIEWING DEPUTY IGNATURE) SAEED 249495 I have conveyed all relevant information to the above- FILING OFFICER (PRINT): SGT. JEFFERSON CHOW FILING OFFICER (SIGNATURE): named Deputy District Attorney to be used in consideration of a ?ling decision. mailed 2/11/20 442300 DEPARTMENT OF JUSTICE D. REASON CODES (FORM 8715) E. A. Lack of Corpus F. B. Lack of Sufficient Evidence C. lnadmissible Search/Seizure G. Victim Unavailable/Declines To Testify Witness Unavailable/Declines to Testify Combined with Other Counts/Cases Interest of Justice H. Other (indicate the reason in Comments section) I. Referred to Non-California Jurisdiction J. Deferred for Revocation of Parole Further Investigation L. Prosecutor Pre?ling Deferral DISTRICT A REASON CODES Probation Violation ?led in lieu of N. Referred to City Attorney for Misdemeanor Consideration Rev. 697-9110/10 DA Case 40175332 CHARGE EVALUATION WORKSHEET ZEICINVNHEIH 53WVN .LSHH 3HEIBINDN BSVO VCI LOS ANGELES COUNTY DISTRICT ATTORNEY CHARGE EVALUATION WORKSHEET Page 2 of 28 AGENCY FELONY LASD - NAME INTERNAL CRIMINAL DA CASE NO. 40175332 DATE 02/06/2020 AGENCY MISDEMEANOR 918-00055-2003-441 FILE NO. (DR OR URN) DA OFFICE CODE J.S.I.D. VICTIM ASSISTANCE REFERRAL YES NOTIFY VWAP NO SUSP CHARGES N0. SUSPECT OFFENSE REASON CODE SECTION DATE CODE NAME (LAST, FIRST MUNOZ RAFAEL PC 242 09/28/2018 4 DOB sEx (mp) BOOKING NO. VIP -- Yes NO Gang Member Name of Gang \fIctim Gang Member Name of Gang: Victim Name: \fIctim DOB: NAME (LAST, FIRST 5 D08 SEX BOOKING N0. VIP - Yes - No Gang Member Name Of Gang Victim Gang Member Name Of Gang: \?ctim Name: \?ctim DOB: NAME (LAST, FIRST 6 DOB SEX (MIF) BOOKING NO. VIP - Yes - NO Gang Member Name of Gang Victim Gang Member Name Of Gang: Victim Name: Victim DOB: Comments SEE ATTACHED. COMPLAINT DEPUTY (print) COMPLAINT DEPUTY (SIGNATURE) STATE BAR N0. REVIEWING DEPUTY (SIGNATURE) SAEED 249495 I have conveyed all relevant information to the above-named Deputy District Attorney to be used in consideration of a ?ling decision. FILING OFFICER (SIGNATURE): mailed 2/1 1 20 FILING OFFICER (PRINT): SGT. JEFFERSON CHOW SERIAL 442300 DEPARTMENT OF JUSTICE D. Victim Unavailable/Declines H. Other (indicate the reason in L. Prosecutor Pre?ling Deferral REASON CODES To Testify Comments section) (FORM 8715) Witness Unavailable/Declines I. Referred to Non-California . . . . REASON CODES to Testify JurIsdIctIon A. Lack of Corpus F. Combined with Other J. Deferred for Revocation of M- Probatlon VIoIatIon ?led B. Lack of Suf?cient Evidence Counts/Cases Parole he" 0f C. Inadmissible Search/Seizure (3 Interest of Justice K. Further Investigation Referred to CIty Attorney'for MIsdemeanor ConSIderatIon Rev. 697-9/10/10 DA Case 40175332 CHARGE EVALUATION WORKSHEET ZONFIIN 33WVN 12'1de lSlel HEEWDN EISVO VG Charge Evaluation Worksheet J.S.I.D. File L.A.S.D. File #918-00055-2003-441 Page 3 of 28 The Justice System Integrity Division of the Los Angeles County District Attomey?s Of?ce has completed its review of allegations that Los Angeles County Sheriff?s Department (LASD) Sergeant Michael Hernandez, Serial #455317, and Deputies Gregory Rodriguez, Serial 120, David Silverio, Serial #466408, and Rafael Munoz, Serial #290614 committed the crime of battery causing serious bodily injury, in violation of Penal Code section 243(d), the crime of criminal threats, in violation of Penal Code section 422(a), and the crime of battery, in violation of Penal Code section 242. For the reasons set forth below, this of?ce declines to initiate criminal proceedings. The following analysis is based on reports prepared by the LASD, submitted to this of?ce by Sergeant Jeff Chow, LASD Internal Criminal Investigations Bureau FACTUAL ANALYSIS On the evening of September 27, 2018, East Los Angeles (ELA) sheriff deputies held an ?off- training party? that lasted into the early morning of September 28, 2018.l The party took place at Kennedy Hall located at 451 South Atlantic Boulevard in the City of Los Angeles.2 The party started at 8:00 pm. and concluded at 3:00 am. the next morning. While the party was held in Kennedy Hall, many of the partygoers congregated and drank in the adjacent parking lot all night long. See Figure I. ?5 -il ?Ell ?ks-g ?4 . I .5: *Google Figure 1: Kennedy Hall with the adjacent parking lot where partygoers congregated. Although referred to as East Los Angeles Station, this station is located in the city of Los Angeles, in an unincorporated part of the county. 2 An ?off-training? party is traditionally held for deputies who successfully completed patrol training at their respective patrol stations. ?Off-training? parties are not department sponsored. ?Off-training? parties are not held in department facilities or patrol stations. Charge Evaluation Worksheet File L.A.S.D. File #918-00055-2003-441 Page 4 of 28 All the involved deputies involved in this incident were assigned, or formerly assigned, to ELA Sheriff?s Station.3 All parties involved were off duty at the time of the incident and had been drinking alcohol. The alleged victims in this case are LASD Deputies Art Hernandez, Oscar Escobedo, Jose Fuentes, and Alfred Gonzalez.4 Rodriguez, Munoz, Silverio, M. Hernandez, and Deputy Vincent Moran, were all part of an older, more senior generation of deputy sheriffs who expressed their dislike of Gonzalez and his work ethic.5 On September 26, 2018, Rodriguez, Moran, and Munoz confronted Gonzalez at the ELA station barbeque area and took turns criticizing his lack of work productivity, work hours, and being too comfortable for a newer deputy.6 Moran finished by telling Gonzalez to transfer to another patrol station. On September 27, 2018, Silverio confronted Gonzalez at the party and told Gonzalez he was not good at the station and M. Hernandez approached Gonzalez and called him a ?pussy? and a ?rat.? Gonzalez was one of the ten deputies, for whom the ?off-training? party was held. The ?off training party? ended around 3:00 am.7 Sometime between 3:50 am. to 4:00 an incident occurred in the parking lot adjacent to Kennedy Hall. At the conclusion of the incident, A. Hernandez had a bloody lip, was possibly rendered unconscious, and Escobedo had a sore neck. There are several different accounts as to what occurred. No surveillance video or cell phone recording was recovered which documented the incident.8 The altercation occurred at night, and the lights in the parking lot were turned off.9 The following morning, A. Hernandez called off-duty Deputy Dwight Aguayo.l0 A. Hernandez told Aguayo that he was assaulted at the off~training party by Rodriguez and Munoz. He stated that he attempted to break up the confrontation between Rodriguez and Fuentes, and held Rodriguez back. While he was holding Rodriguez, Munoz pushed him. As a result, both A. Hernandez and Rodriguez fell to the ground. While on the ground, Munoz punch him several times. Another individual helped Munoz up, and he saw Munoz chase Fuentes toward Atlantic 3 Sergeant M. Hernandez was assigned to Men?s Central jail at the time of the incident, but was formerly assigned to ELA Sheriff?s Station. 4 Sergeant Michael Hernandez and Deputy Art Hernandez share the same last name. As such, they are referred to as M. Hernandez and A. Hernandez respectively throughout the memo. 5 Although there was some mention of a subculture ?Banditos? existing at the ELA station, the ?Banditos? were not a focus of this investigation nor were the suspects de?nitely identi?ed as being part of this subculture. Furthermore, whenever mentioned, the ?Banditos? were simply associated with a group of older, more senior deputies that simply ostracized younger deputies they felt were ?lazy.? At no point in this investigation did any witnesses indicate that the ?Banditos? were equivalent to a gang or any type of criminal enterprise. 6 This confrontation was captured by a surveillance camera at ELA station. 7 Conrad 8-, owner of the Kennedy Hall, told all the attendees to leave the hall between 2:45 am. and 3:00 to which they did. 3 Lieutenant Richard Mejia informed Sergeant Chow he heard a rumor the incident was captured on video with a cellular phone. No such video has ever surfaced. 9 stated he turned off the lights to the parking lot when he closed the hall. ?0 Aguayo had attended the party, but did not witness any assaults. Charge Evaluation Worksheet J.S.I.D. File L.A.S.D. File #918-00055-2003-441 Page 5 of 28 Avenue. A. Hernandez ran to help Fuentes, and pushed Munoz to prevent him from assaulting Fuentes. As he did so, he was stuck by Rodriguez in the face. A. Hernandez stated his lips were bleeding and his face was hurting. Aguayo reported this conversation to Deputy Louis Granados, who in turn told Sergeant Thomas Kim. Aguayo also reported this conversation to Lieutenant Richard Mejia. On September 28, 2018, A. Hernandez called Mejia to report this incident. Later that day, Escobedo called Mejia to tell him about this incident. Kim noti?ed Lieutenant Eric Smitson. Smitson ordered Kim to conduct a supervisor inquiry into the assault allegations. When A. Hernandez arrived at the station, he had visible injuries and appeared to be distraught. Ultimately, a criminal investigation was opened by A. Hernandez, Escobedo, Fuentes, and Gonzalez provided interviews to ICIB investigators. M. Hernandez, Rodriguez, Munoz and Silverio declined to be interviewed by ICIB and requested to speak to an attorney. Several other off duty LASD employees provided statements as requested. Twenty-one deputies were identi?ed as possible witnesses to the events and declined to be interviewed. Deputy Art Hernandez On September 28, 2018 at about 5:04 Sergeants Steve Kim and Chow spoke to A. Hernandez. They advised him they were investigators from ICIB and that they wanted to interview him about what occurred at the ?off-training? party. At that time, A. Hernandez declined to be interviewed about the facts of this incident without having an attorney present. A. Hernandez did, however, provide investigators with his medical documentation from Whittier Presbyterian Hospital that indicated he was treated for a lip laceration. Chow noted A. Hernandez had a quarter-inch laceration to the left side of his mouth, for which he received two stitches. See Figure 2. Charge Evaluation Worksheet File L.A.S.D. File #918-00055-2003-441 Page 6 of 28 a 4 Figure 2: Picture of injury to A. Hernandez lip. On October 4, 2018, A. Hernandez agreed to be interviewed with representation at the Association for Los Angeles Deputy Sheriffs (ALADS) office." A. Hernandez stated he had been a deputy sheriff for four years and had worked at ELA for the past two years. His partner was Deputy Mario Contreras. A. Hernandez arrived at the ?off-training? party at approximately 10:40 pm. At that time, he observed approximately 70 people at the party. At about 11:30 he saw Rodriguez, Munoz, Silverio, M. Hernandez, Moran, and Deputy Braulio Robledo arrive. Their presence made him apprehensive because he believed these deputies created tension by imposing ?their work standards and ethics? upon other deputies at the ELA Sheriff?s station. A. Hernandez said that those who did not perform to their standard were ostracized and harassed. Per A. Hernandez, those six deputies kept to themselves most of the night. ALADS is the LASD union that provides representation for deputies involved in disputes. Charge Evaluation Worksheet J.S.I.D. File L.A.S.D. File #918-00055-2003-44] Page 7 of 28 At approximately 2:00 A. Hernandez observed Gonzalez surrounded by Rodriguez, Silverio, M. Hernandez and several unknown males.12 He heard the group tell Gonzalez that he was a ?zero? and that he did not belong at the station. Later, while A. Hernandez was speaking to Gonzalez in the parking lot, Rodriguez again approached and tapped Gonzalez on the shoulder and asked Gonzalez to follow him. At this time, Fuentes verbally intervened and asked Rodriguez why he needed to keep talking to Gonzalez all night long. Fuentes also told Rodriguez to leave Gonzalez alone. Rodriguez became upset and said to Fuentes, ?What the fuck did you say, dude? You have a problem?? Fuentes again told Rodriguez to leave Gonzalez alone. At this time, Rodriguez placed his forehead against Fuentes and pushed him once causing Fuentes to take one step backwards. In response, A. Hernandez bear hugged Rodriguez and pushed Rodriguez away from Fuentes. A. Hernandez continued to tell Rodriguez to calm down. In response, Munoz approached and told A. Hernandez to let Rodriguez go. A. Hernandez refused to do so and Munoz attempted to punch A. Hernandez, but he failed to connect. Munoz?s momentum carried him into A. Hernandez and Rodriguez causing them all to fall to the ground. Munoz then punched A. Hernandez in the face two to three times.?3 Contreras helped A. Hernandez up and told A. Hernandez he was going to ?nd him a ride home. A. Hernandez then saw other unknown people fighting in the parking lot. He saw Escobedo pinned against a chain link fence and observed Rodriguez, Munoz, and others around Escobedo. A. Hernandez feared Escobedo was going to be assaulted by Munoz so A. Hernandez pushed Munoz, causing Munoz to fall to the ground. He then tried to push others away from Escobedo when he was hit on the left side of his face and was knocked out. A. Hernandez said to investigators that Contreras, Casas, and Daniel Gonzalez told him they saw Rodriguez punch A. Hernandez, which caused A. Hernandez to fall to the ground.'4 A. Hernandez next remembers waking up in a patrol vehicle and estimates that he was unconscious for three to four minutes. A. Hernandez said he was transported home by Deputy Israel Martinez. At about 1 1:00 am. that morning, A. Hernandez went to work at ELA station. At about 12:00 he drove himself to the hospital to get treated. A. Hernandez stated that all the individuals in Munoz?s group were drunk, loud, aggressive, and behaved like ?thugs.? A. Hernandez admitted that during the party he drank four ?cups? of vodka mixed with tonic. He recalled his last drink of alcohol was at approximately 2:30 am. ?2 Despite indicating 2:00 the Hall did not close till 2:45-3:00, per owner 8-. ?3 Off duty deputies Mario Contreras and David Casas have different recollections as to what occurred with Munoz and A. Hernandez when they toppled to the ground. See their statements below. 1? Casas has a different recollection as to what occurred. See his statement below. Charge Evaluation Worksheet J.S.I.D. File L.A.S.D. File #918-00055-2003-44] Page 8 01?28 Deputy Jose Fuentes On October 4, 2018, Fuentes was interviewed at ALADS about what happened at the ?off- training? party. Fuentes stated he arrived at 1 1:00 pm. At about 3:45 Fuentes was in the parking lot with Gonzalez, A. Hernandez, Contreras, and Casas when Rodriguez approached and tapped Gonzalez on the shoulder and told Gonzalez he needed to speak to him. At this point, Fuentes verbally intervened and told Rodriguez, ?Really, you?re going to talk to him again?? Rodriguez approached Fuentes, head butted him, and stated, ?What the ?ick did you say?? Fuentes repeated his words and in response, Rodriguez pushed him once, causing Fuentes to take a step back. In response, A. Hernandez bear hugged Rodriguez. Munoz responded and pushed A. Hernandez and Rodriguez to the ground. At this point, M. Hernandez interjected himself and pushed Fuentes back and out of the parking lot. While pushing Fuentes, M. Hernandez kept stating, ?What do you got to say?? Robledo followed M. Hernandez and kept stating, ?No Fuentes, if you got something to say, say it!? Fuentes backed out of the parking lot and entered an LASD patrol vehicle driven by Deputy James Duran. Fuentes was taken to ELA station where his car was parked. At the station, he received a text message directing him to meet at A. Hemandez?s residence. He did not recall who sent the message and he deleted the text. Fuentes drove to A. Hemandez?s residence and met up with Casas, Escobedo, and A. Hernandez. Fuentes believed M. Hernandez was drunk. M. Hemandez?s face was red, his eyes were glossy, and his speech was slurred. Fuentes stated he was not injured by any of the pushes he received that night. During the party, Fuentes said he drank three beers and a shot of tequila. He said he stopped drinking alcohol about three hours before the incident. Deputy Alfred Gonzalez On October 4, 2018, Gonzalez was interviewed at ALADS about what happened at the ?off- training? party. Gonzalez has been a deputy for six years and had worked at ELA station for over a year. Gonzalez arrived at the party at about 7:00 pm. to set up. At the party, Silverio confronted him and commented on how Gonzalez was not a good deputy for the station. Silverio loudly complained about Gonzalez wearing apparel representing ELA Sheriff?s station.I5 '5 Gonzalez was wearing clothing with ELA LASD on it. Charge Evaluation Worksheet J.S.I.D. File L.A.S.D. File #918-00055-2003?441 Page 9 of 28 Additionally, at the party, M. Hernandez approached Gonzalez and called him a ?pussy? and a ?rat.? M. Hernandez also threatened to ?deal? with him or his family. Gonzalez believed M. Hernandez was drunk and trying to provoke a ?ght. Between 2:00 am. and 3:00 am, Rodriguez approached Gonzalez and told Gonzalez he wanted to talk to him. Fuentes, who stood nearby, verbally interjected and said, ?Why do you guys need to talk to him so much?? In response, Rodriguez said to Fuentes, ?What the fuck did you say?? Rodriguez placed his forehead against Fuentes and pushed him once. In response, A. Hernandez wrapped his arms around Rodriguez?s upper torso, pulling him away from Fuentes. Munoz then ran through the parking lot and pushed A. Hernandez, causing A. Hernandez and Rodriguez to fall to the floor. While both of them were lying on the floor, Munoz ?hammer fist? punched A. Hernandez once in the face. Gonzalez then saw M. Hernandez push Fuentes out of the parking lot. Fuentes asked Deputy Christopher Moore, who was on duty and present in the parking lot, to radio for backup.16 Gonzalez ran to his vehicle, unlocked it, and turned on the engine. Gonzalez then saw M. Hernandez pushing Escobedo onto the west sidewalk of Atlantic Boulevard. M. Hernandez grabbed Escobedo?s neck and shoulder and pinned him to the chain link fence. '7 Gonzalez ran to help Escobedo as M. Hernandez put Escobedo in a choke hold. Escobedo managed to slip out of his T-shirt and away from M. Hernandez. Gonzalez put Escobedo into his vehicle and Casas entered the driver?s seat. Gonzalez saw Deputy Eduardo Muniz hold M. Hernandez at bay and Muniz told them to leave.18 Casas exited the vehicle at ELA station and Gonzalez drove Escobedo back to Kennedy Hall for Escobedo to pick up his vehicle. Escobedo and Gonzalez then caravanned to A. Hernandez?s residence to confer. Gonzalez estimated that 30 people were in the parking lot when the incident occurred. During the party he worked as a bartender. Gonzalez stated that he served mixed drinks to Munoz that evening. Additionally, Gonzalez drank four vodka and tonics and three Modelo beers that night. Gonzalez was not injured during the incident. '6 Despite being present, Moore said he did not see any physical altercation that night. He also stated that he did not radio for backup. See his statement below. '7 This is contradictory to Contreras statement where Contreras said it was Silverio that pinned Escobedo to the chain link fence. See Contreras statement below. '8 This is contradictory to Muniz statement. Muniz stated that he did not see any physical altercation that night. See his statement below. Charge Evaluation Worksheet J.S.I.D. File L.A.S.D. File #918-00055-2003-441 Page 10 of 28 Deputy Oscar Escobedo On September 28, 2018 at about 8:24 Kim and Chow spoke to Escobedo. They advised him they were investigators from ICIB and that they wanted to interview him about what occurred at the ?off-training? party. At this time, Escobedo declined to be interviewed without having an attorney present. On October 4, 2018, at approximately 4:12 Sergeants Vincent Choi and Chow conducted a follow-up interview with Escobedo. The interview was conducted at the ELA Sheriff? 5 station. Escobedo said he had been a deputy sheriff for eight years and had worked at ELA for the past year. He said he had built a strong friendship with the newer generation of deputy sheriffs, speci?cally Gonzalez, A. Hernandez, and Contreras. In contrast, Escobedo did not like Munoz and stayed away from him because Munoz intentionally placed a lot of stress on patrol trainees. Escobedo recalled several occasions where Munoz commented and/or suggested how Escobedo needed to conduct his patrol shift. Regarding this incident, Escobedo said he arrived at the party at about 10:00 pm. At approximately 3:00 Kennedy Hall closed and everyone went into the parking lot. In the parking lot, he observed Rodriguez arguing with Fuentes. He heard Fuentes state, think that?s enough,? to which Rodriguez replied, ?What are you gonna do about it? What do you care?? Escobedo then saw Rodriguez place his forehead against Fuentes. At this time, Escobedo and A. Hernandez separated the two.19 As A. Hernandez was holding Rodriguez, Munoz ran across the parking lot yelling at A. Hernandez, ?Get your hands off of him!? Munoz then tackled A. Hernandez, and proceeded to punch A. Hernandez two to four times in the face. Escobedo interjected by grabbing Munoz, which allowed A. Hernandez to roll away from Munoz. Munoz then pulled Escobedo to the ground and said, ?I?ve been waiting for you.? Munoz punched Escobedo in the face and shoulder one time.20 In response, Escobedo punched Munoz in the face and neck. Silverio then held Escobedo down and some unknown person punched Escobedo in the face. Silverio then let go of Escobedo and Escobedo got up. Escobedo recalled numerous people running in different directions. Escobedo then saw M. Hernandez attempt to grab Fuentes in the street, so Escobedo intervened and pushed M. Hernandez. In response, M. Hernandez put Escobedo in a headlock and squeezed '9 Despite being present, Escobedo never observed M. Hernandez push Fuentes. This contradicts A. Hernandez?s, Fuentes?, and Gonzalez?s statements above. 2? This is in contradiction to Saavedra?s statement where he saw Escobedo holding Munoz down and not the other way around. See Saavedra?s statement below. Charge Evaluation Worksheet J.S.I.D. File L.A.S.D. File #918-00055-2003-441 Page 11 of 28 Escobedo?s neck. Escobedo was able to free himself.? Then, M. Hernandez pinned Escobedo against a chain link fence and M. Hernandez used both hands to grab and tighten Escobedo?s shirt around his neck. He believed M. Hernandez choked him for 30 seconds. Escobedo recalled that Muniz, Casas, and Gonzalez assisted Escobedo, and Escobedo was able to get out of his shirt and free himself.22 He also recalled seeing on-duty Deputy Moore present.23 Escobedo then entered the front passenger seat of Gonzalez?s car. Casas drove them to ELA station. Gonzalez then drove Escobedo back to Kennedy Hall and they both drove separately to A. Hernandez?s residence. Escobedo reported that he drank about seven Modelo beers during the party, with his ?nal drink being at 2:00 am. Escobedo believed he was drunk at the party. Later that morning, Escobedo called Mejia and informed him of what happened at the party. Escobedo complained of feeling light headed, dizzy, and had pain to his head. Per Mejia?s request, Escobedo went to the hospital to be evaluated. He was excused from work for one week and proscribed a muscle relaxer and ibuprofen for pain. Statements of Other LASD Personnel at the Parg. Several other LASD employees were in the vicinity and were interviewed regarding the incident. However, 21 deputies declined to be interviewed. Deputy Hector Saavedra On October 18, 2018 at about 4:20 pm, Saavedra was interviewed about the incidents that occurred at the party. Saavedra has been a deputy sheriff for six years and had worked at ELA Sheriff?s station for a year and a half. Saavedra said that he was one of the deputies who was hosting the ?off-training? party. The party was planned to begin at 8:00 on September 27, 2018, and to end at 3:00 am. the next day. Saavadra admitted to drinking one shot that night when he arrived, but otherwise was sober and not impaired during the evening. He recalled that Munoz, Rodriguez, and Silverio approach the bar three times while he was bartending. At about 3:30 am, Saavedra and other deputies closed and cleaned Kennedy Hall. When ?nished, he walked outside and observed a lot of people socializing, drinking, and listening to 2' Escobedo's shirt was left in Saavedra's truck. The next day, Saavedra texted a group, saying, "Who ever got their ass beat left EV in my truck." The text was not to Escobedo, but he learned of it alter. Escobedo texted Saavedra, who indicated he disposed of the shirt in the trash. 22 Muniz stated that he did not see any physical altercation that night. See his statement below. 23 Despite being present, Moore said he did not see any physical altercation that night. See his statement below. Charge Evaluation Worksheet J.S.I.D. File L.A.S.D. File #918-00055-2003?441 Page 12 of 28 music in the parking lot. He walked over to a parked vehicle in the parking lot and started to count the tip money and donations collected during the party. While counting money, Saavedra heard a commotion from behind him. He approached the commotion and saw a pile of people on the ground. He observed Munoz laying on the ground and Escobedo kneeling down with one knee on Munoz?s stomach while holding Munoz?s shirt. Munoz tried to stand, but was unable to due to Escobedo kneeling on him. Saavedra also saw Fuentes and Rodriguez being held back from each other. He then saw an unknown person pull Escobedo off of Munoz. As he walked back to secure the tip money, Saavedra saw A. Hernandez by the sidewalk trying to stand up. He then saw A. Hernandez fall down on his own. He then helped A. Hernandez up and saw blood coming from his mouth. A. Hernandez asked to go home and Saavedra tried to ?nd a ride for him. Saavedra then saw A. Hernandez enter a white Honda vehicle and drive away from Kennedy Hall. Saavedra initially thought A. Hernandez was drunk due to his bloodshot and watery eyes, but he was unsure since A. Hemandez?s also appeared to be crying and distraught. A. Hernandez was crying and bleeding from his mouth. Saavedra then drove to a park located behind ELA Sheriff?s station and saw Munoz and Silverio. He asked them what happened at the party, to which Munoz replied he did not know. Saavedra said that for years there had been ongoing tension between the newer and older generation deputies at ELA. Saavedra always avoided the attention by working hard. Additionally, Saavedra added he did not witness any assaults or arguments at the ?off-training? 24 party. Deputy Mario Contreras On September 28, 2018 at about 10:03 Kim and Chow spoke to Contreras. They advised him they were investigators from and they wanted to interview him about what occurred earlier at the ?off-training? party. Contreras declined to be interviewed about the facts of the incident without having an attorney present to represent him. On October 4, 2018, Contreras agreed to be interviewed with his attorney Russel P- present. The interview was conducted at ALADS. Contreras has been a deputy sheriff for three years and had worked at ELA Sheriff?s Station for the past two years. Contreras stated he arrived at the party at about 1 1:30 pm. At about 12:30 am, he observed Silverio call Gonzalez a ?zero.? Nothing physical happened at this time. 2" This is in direct contradiction to Contreras statement who placed Saavedra in the middle of the incident when Munoz got involved. See his statement below. Charge Evaluation Worksheet J.S.I.D. File L.A.S.D. File #918-00055-2003-441 Page 13 of 28 Later that evening, Contreras was talking to Gonzalez and Fuentes when Rodriguez approached, tapped Gonzalez on the shoulder, and told Gonzalez he needed to speak to him. At this time, Fuentes verbally intervened and told Rodriguez, ?Hey, I think you already talked to him enough, sir.? Rodriguez closed the distance, stood face to face with Fuentes and yelled, ?How about you get the fuck out of here!? Rodriguez then pushed Fuentes with both hands. Per Contreras, Fuentes did nothing to provoke the push. To prevent a ?ght, Contreras and A. Hernandez stood in between Fuentes and Rodriguez. A. Hernandez bear hugged Rodriguez and said, ?Hey dude no, let?s not do this.? Contreras briefly turned to talk to Fuentes and when he turned around he saw Rodriguez, A. Hernandez, and Saavedra laying on the ground in the parking lot.25 While both were lying face up, Munoz struck A. Hernandez one time in the face. Contreras then helped A. Hernandez stand up and noticed Saavedra was no longer on the ground and nowhere to be seen. Munoz then got up on his own, walked away, and complained that someone hit him in the face.26 Contreras believed that Munoz and A. Hernandez where under the influence of alcohol. After Munoz walked away, Contreras saw Rodriguez go after an unknown person near the front of the parking lot. Contreras walked over, stood in front of Rodriguez, and held onto his arms telling him to calm down. Deputy Alan Soohoo was present and told Rodriguez to calm down as well.? Rodriguez struggled with Contreras and ?ung his elbows hitting Contreras in the face. Contreras was unsure if Rodriguez hit him intentionally or accidentally, but he was not injured and sought no medical attention. Rodriguez eventually freed his arms and pushed Soohoo causing Soohoo to fall to the ground and scrape his knees. Contreras helped Soohoo get up and saw a commotion on the west sidewalk of Atlantic Boulevard. Contreras walked over and saw Munoz, Silverio, Rodriguez, Escobedo, and A. Hernandez. Munoz was swinging his ?st wildly at an unknown person. As Contreras walked closer to the commotion, he saw A. Hernandez push the left shoulder of Munoz which knocked Munoz, to the ground. After the push, Contreras saw Rodriguez throw ajab that connected with A. Hemandez?sjaw and knocked A. Hernandez down. A. Hernandez laid on the ground motionless for about ?ve seconds. Contreras helped him up and noticed A. Hernandez was now bleeding from his mouth. Contreras told A. Hernandez to walk north on the sidewalk, with which A. Hernandez complied. 25 This is contradictory to Saavedra?s statement. See his statement above. 2" This is also contradictory to Saavedra?s statement, where Saavedra said he saw Escobedo holding Munoz down. It is also contradictory to Escobedo?s statement where Escobedo claims he assisted in holding Rodriguez back, however, at no point does Contreras place Escobedo at the initial altercation between M. Hernandez and Fuentes. 27 Soohoo refused to provide a statement to investigators. Charge Evaluation Worksheet J.S.I.D. File L.A.S.D. File #918?00055-2003-441 Page l4 of 28 A?er A. Hernandez walked away, Contreras? attention turned to Escobedo. He observed Silverio holding Escobedo against a chain link fence yelling, got him. Get away.?28 Contreras believed Silverio was protecting Escobedo. Contreras then saw A. Hernandez standing alone on the west sidewalk on South Atlantic Boulevard, in front of Kennedy Hall. A. Hemandez?s mouth was still bleeding and he appeared shocked as to what happened. Contreras attempted to ?nd A. Hernandez a ride home and briefly le? him alone. When he came back A. Hernandez was gone. He later learned that A. Hernandez got a ride home from a deputy. Contreras stated he believed other altercations occurred at the party, but he did not witness the other altercations. He estimated 30 people were present during the physical altercations. He recalled that the cigar vendor and the taco truck had left the party prior to the altercations. Contreras identi?ed Rodriguez, Munoz, and Silverio in a six pack. He was unable to identify M. Hernandez. Deputy David Casas On October 4, 2018 at about 4:00 pm, Casas was interviewed at of?ce. Casas has worked as a deputy sheriff for approximately eight years and had been assigned to ELA station for the past two years. On September 27, 2018, he completed his patrol shift and arrived at the party at approximately 11:40 pm. At approximately midnight, he recalled seeing Munoz, Silverio and M. Hernandez ?nger pointing and arguing with Gonzalez. Afterwards, Gonzalez walked back into Kennedy Hall and the others remained in the parking lot drinking. At about 4:30 am, Casas recalls standing with Gonzalez and Fuentes when Rodriguez approached and tapped Gonzalez on the shoulder, telling him he wanted to chat. Before Gonzalez could walk away with Rodriguez, Fuentes verbally interjected and stated to Rodriguez. ?Hey sir, are you gonna talk to him again? That?s the tenth time.? In response, Rodriguez got agitated, got into Fuentes? face and exclaimed, ?Who the fuck are you?? Fuentes stood in place, Rodriguez placed his forehead against Fuentes, and pushed Fuentes with both hands. In response, Fuentes took a step back and responded, ?Sir, you?re being a bully.? Casas and Escobedo pulled Fuentes away and Casas told Fuentes, ?Hey, let's go. It?s not worth it. Let him be. He?s drunk. Leave him alone.? Casas then walked with Escobedo and Fuentes towards the west sidewalk of South Atlantic Boulevard. Casas said that A. Hernandez was present for the push, but A. Hernandez did not physically intervene during the confrontation.29 28 This is contradictory to statements provided by Gonzalez, Escobedo, and Casas claiming that M. Hernandez is the one who pressed Escobedo against a chain link fence. See their respective statements in this memo. 29 This is in contradiction to A. Hemandez?s statement. A. Hemandez claimed he bear hugged Rodriguez to prevent Rodriguez from ?ghting Fuentes. Charge Evaluation Worksheet J.S.I.D. File L.A.S.D. File #918-00055-2003-441 Page 15 of 28 Casas said he then heard someone yell ?Munoz!? and saw from thirty to forty feet away, A. Hernandez laying on the ground face up in the parking lot with Munoz crouched over his right torso and Rodriguez crouched over his left torso. Per Casas, Munoz struck A. Hernandez in the face and upper torso approximately six times and Rodriguez stuck A. Hernandez in the face and upper torso approximately four times. 30 Casas stated that he and another unknown person then pulled Rodriguez and Munoz off of A. Hernandez.3 At this point, Casas observed A. Hemandez?s mouth bleeding. Next, Casas saw M. Hernandez pushing Fuentes out of the parking lot stating, ?Which one was it? Which one was it?? It appeared to Casas that M. Hernandez was looking for the person that started the commotion. Casas stated that M. Hemandez?s pushes were weak, indicative of a drunk person. Casas then stated he saw M. Hernandez run towards Escobedo, grab his neck, and push him against a chain link fence.32 M. Hemandez?s hands were clamped around Escobedo?s neck. Muniz, Gonzalez, and Casas attempted to pull M. Hernandez off of Escobedo.33 Escobedo looked to be having trouble breathing. The three of them were able to pull M. Hernandez off of Escobedo and an unknown person took a hold of Escobedo and escorted him into a white Honda vehicle. Gonzalez took a seat in the back and Casas drove them to ELA station. Casas asked if Escobedo was injured and Escobedo replied that he was okay and did not need medical attention. Casas said there were approximately 30 people in the parking lot when the incident occurred. When asked to identify the suspects via six pack, Casas could not identify Rodriguez. He was able to identify Munoz, Silverio, and M. Hernandez. He added he did not see Silverio assault anyone during the incident. Casas said he saw that Rodriguez, Munoz, and M. Hernandez brought their own drinks and excessively drank at and after the party shut down. Deputy Eduardo Muniz On November 1, 2018, Muniz was interviewed regarding what happened at the ?off-training? party. Muniz has been a deputy sheriff for eleven years and had worked at ELA station for the past six years. 3? This is contradictory to the statements by Hernandez, Gonzalez, Fuentes, Escobedo, and Contreras. 3' Again, this is contradictory to everyone else?s account of the incident. 32 This is contradictory to Contreras? recollection of who pinned Escobedo against the fence. ?3 This is contradictory to Muniz?s statement where he stated he saw no physical altercation at the party. See his statement below. Charge Evaluation Worksheet J.S.1.D. File L.A.S.D. File #918-00055-2003-441 Page 16 of 28 On September 27, 2018, Muniz arrived at the party at about 8:00 pm. He believed about 90 people attended the party. At about 3:00 he was walking on the sidewalk with a female friend when he heard someone yell, ?They?re fighting!? He looked and saw a commotion coming from Kennedy Hall. He saw Silverio and others arguing with Escobedo near the entrance of Kennedy Hall?s parking lot. He believed the argument was escalating so he told Escobedo to get into a white vehicle and leave. Escobedo complied and left the scene. Muniz believes he deescalated the situation when Escobedo left. He observed on-duty Deputy Moore at the scene. Muniz said he received a text from Escobedo the next day thanking him for placing Escobedo in the car the night before. Muniz said he drank four six~ounce cups of cranberry and vodka during the party. He saw Rodriguez drinking alcohol and described him as cheerful. He believed Munoz was intoxicated. He did not believe M. Hernandez was intoxicated and he did not see Silverio drink anything at the party. Muniz stated he did not witness any physical altercations or see anybody injured at the party.34 Conrad S. Conrad S. is the owner of Kennedy Hall. He stated on June 25, 2018, Saavedra signed a contract and placed a monetary deposit to rent Kennedy Hall for the ?off-training? party. At 6:00 pm, he opened the Hall to allow deputies to set up for the party. At approximately 2:45 to 3:00 he closed the Hall and turned off the lights in the adjacent parking lot, making it very dark. When he walked through the parking lot, he saw an individual leaning against the wall of the hall with a bloody nose. He did not render aid. He did not witness any physical or verbal altercations that evening. Lupita Q. Lupita Q. is an LASD secretary. She attended the party with Jennifer 0. and they arrived at about 10:00 pm. She did not see any ?ghts all night long. At about 3:30 she was told to leave Kennedy Hall because the party was closing. She went to the parking lot and saw about 30 people congregating there. Munoz, Silverio, and M. Hernandez greeted her in the parking lot. 3? This is a contradiction to the statements provided by Gonzalez, Escobedo, and Casas claiming that Muniz pulled M. Hernandez off of Escobedo. Charge Evaluation Worksheet J.S.I.D. File L.A.S.D. File #918-00055~2003-441 Page 17 of 28 At about 4:00 am, she was talking to Munoz when he walked away from her. She heard a commotion and saw the 30 or so people in the parking lot pushing and holding each other back in an effort to stop each other from ?ghting. She saw that Rodriguez looked angry and walked after an unknown person. Lupita Q. told Rodriguez to calm down. She saw A. Hernandez fall face first onto the ground. A. Hernandez laid on the ground and appeared to be unconscious. She did not see an assault or see how A. Hernandez fell down. When he was on the floor she saw about ten unknown men stand around him. Munoz was within arm's distance. Another man picked A. Hernandez up and placed him in a white car. She never saw Munoz punch or kick A. Hernandez. She saw Deputy Daniel Gonzalez holding Fuentes back who appeared to be really angry. She also saw Rodriguez who appeared to be really upset as well. Lupita Q. and Jennifer 0. walked away and called a ride-share program. After she left, she texted Silverio, her friend, to ?relax.? She subsequently deleted this text message. She said on-duty deputy Moore was present during the altercation. Munoz was intoxicated. Rodriguez consumed alcohol but was not intoxicated. Lupita Q. drank eight beers at the party. Jennifer 0. Jennifer 0. was present at the party with Lupita Q. At about 4:00 am, she was in the parking lot when she saw a large group of people yelling and holding each other back. Rodriguez, Munoz, and Silverio were present. She immediately left and did not see an assault or anyone fighting. Deputy Christopher Moore Moore has been a deputy sheriff for approximately five years and he had worked at ELA station for over two years. His current assignment was to patrol from 10:00 pm. to 6:00 am. On September 27, 2018, he worked patrol with his partner Deputy James Duran. He knew the ?off-training? party was at Kennedy Hall. That night, they periodically drove by the party to ensure everyone had a ride home if they had been drinking. Charge Evaluation Worksheet J.S.I.D. File L.A.S.D. File #918-00055-2003-441 Page 18 of 28 At about 3:56 am, they drove by Kennedy Hall and saw about 40 people in the parking lot.3'5 He exited his patrol vehicle and walked toward the west sidewalk of South Atlantic Boulevard. He saw Munoz, Rodriguez, Silverio, Fuentes, and Gonzalez within a group of people arguing and holding each other back. Muniz and Deputy Luis Valle were trying to calm the group. Muniz asked Moore to help separate the group. Muniz then assisted a newer deputy into Moore?s patrol vehicle.36 Moore did not know the newer deputy?s name. Duran drove the newer deputy to ELA station, while Moore remained behind and helped with people leaving the parking lot. Several additional patrol vehicles arrived at Kennedy Hall to help transport people to their destinations. Moore explained that he did not request additional units to respond to Kennedy Hall. After a short time, Duran drove back to Kennedy Hall and Moore and Duran drove to ELA station together. Moore recalled a lot of yelling back and forth and described the scene as chaotic. However, he did not witness any assaults, nor did he see anybody injured during the commotion. Deputy James Duran Duran confirmed that he worked patrol with Moore the evening of September 27, 2018. He con?rmed that they stopped by Kennedy Hall numerous times throughout the evening, however, Duran remained inside the patrol vehicle each time as Moore exited and entered Kennedy Hall. Later that evening he recalled parking their vehicle facing south on South Atlantic Boulevard. He was sitting in the driver seat when Moore entered Kennedy Hall. He heard a lot of commotion coming from the parking lot. He looked toward the commotion and saw approximately 15 men appear from the unlit parking lot. He saw the group of men pushing and shoving each other onto South Atlantic Boulevard. He saw Munoz fall over the hood of his patrol vehicle and fall to the ground. The front passenger side door of his vehicle then opened and Fuentes got inside. He heard someone say, ?Get him out of here!? Duran conducted a U-turn and drove back to ELA station. During the ride, he heard Fuentes state, am not gonna be bullied.? He dropped Fuentes off at the station then drove back to Kennedy Hall and picked up Moore. 35 Moore originally stated he saw the commotion around 3:00 am. However, after being shown the surveillance footage from a neighboring business, Moore acknowledged that it occurred at 3:56 am, the time stamp of the footage. 3" The newer deputy turned out to be A. Hernandez. A Hernandez acknowledged himself on the video being escorted into the patrol vehicle. A. Hernandez, however, claimed it was Moore that escorted him into the patrol vehicle, despite A. Hernandez also stating he had no independent recollection of this event. See surveillance footage section below. Charge Evaluation Worksheet File L.A.S.D. File #918-00055-2003-441 Page 19 of 28 He stated Fuentes appeared to be upset, but he did not appear to be intoxicated. He said he did not recognize anyone in the group that was pushing and shoving each other because he had not been assigned to ELA for very long. He only recognized Munoz because Munoz was his previous training of?cer. Surveillance Review The only relevant surveillance footage that investigators were able to find, was from the Camera Corp? business located at 445 South Atlantic Boulevard. This business was located just north of Kennedy Hall. The exterior video camera was af?xed above the front door of the business and faced south toward Kennedy Hall. The video time/date stamp was accurate, however, it only depicted the west sidewalk in front of Kennedy Hall. From this camera angle, the video could not capture anything that happened in the adjacent darkened parking lot where the incidents occurred. See Figure 3. Location of lnciden Figure 3: Demonstrative photo depicting surveillance camera angle in relation to where the incidents occurred. Additionally, the video was partially obstructed by a light post and a large tree in front of Kennedy Hall. Its evidentiary value was limited to identifying witnesses at the scene and accurately depicting the timing of when participants left the scene. From viewing the surveillance footage, investigators determined the incidents occurred between 3:50 am. to 4:00 am. At 3:58 right after the incidents occurred, A. Hernandez is seen speaking to Contreras in front of Kennedy Hall. See Figure 4. Charge Evaluation Worksheet File L.A.S.D. File #918-00055-2003-441 Page 20 of 28 arenas?2913 -Fr'Figure 4: Surveillance showing A. Hernandez and Contreras talking in front of Kennedy Hall after incident At 4:00 surveillance footage shows A. Hernandez being escorted into a patrol vehicle by an unknown deputy. See Figure 5. A. Hernandez has no recollection of this event. When shown this footage, he stated that it was Moore who escorted him into the patrol vehicle to be taken away from the scene. Per Moore, however, it was Muniz that escorted A. Hernandez into the patrol vehicle. Per Muniz, it was Eseobedo he placed in the patrol car. - 1?9; pu? A. Herna?Br [2'31] vii/l In" H- Figure 5: A. Hernandez is escorted to a patrol car and driven away from the scene. Charge Evaluation Worksheet J.S.I.D. File L.A.S.D. File #918-00055-2003-441 Page 21 of28 LEGAL ANALYSIS Battery Causing Serious Bodily Injury Penal Code section 243(d) prohibits individuals from committing battery causing serious bodily injury against another person. The following elements must be proven before a defendant may be found guilty of this crime 1. The defendant willfully and unlawfully touched a person in a harmful or offensive manner; 2. A person suffered serious bodily injury as a result of the force used; and 3. The defendant did not act in self-defense or in defense of someone else. Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage. Making contact with another person, including through his or her clothing, is enough to commit a battery. A serious bodily injury means a serious impairment of physical condition. Such an injury may include, but is not limited to: loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, a wound requiring extensive suturing, and serious disfigurement. CALCRIM No. 925. Self Defense and Defense of Another Self Defense is a defense to battery and battery causing serious bodily injury. The defendant is not guilty of those crimes if he used force against the other person in lawful self-defense or defense of another. The defendant acted in lawful self-defense or defense of another if: 1. The defendant reasonably believed that he or someone else was in imminent danger of suffering bodily injury or was in imminent danger of being touched unlawfully; 2. The defendant reasonably believed that the immediate use of force was necessary to defend against that danger; and 3. The defendant used no more force than was reasonably necessary to defend against that danger Charge Evaluation Worksheet J.S.I.D. File L.A.S.D. File #918-00055-2003-441 Page 22 of 28 Belief in future harm is not sufficient, no matter how great or how likely the harm is believed to be. The defendant must have believed there was imminent danger of bodily injury to himself or someone else or an imminent danger that he or someone else would be touched unlawfully Defendant?s belief must have been reasonable and he must have acted because of that belief. The defendant is only entitled to use that amount of force that a reasonable person would believe is necessary in the same situation. If the defendant used more force than was reasonable, the defendant did not act in lawful self-defense or defense of another. When deciding whether the defendant?s beliefs were reasonable, consider all the circumstances as they were known to and appeared to the defendant and consider what a reasonable person in a similar situation with similar knowledge would have believed. If the defendant?s beliefs were reasonable, the danger does not need to have actually existed. The defendant?s belief that he or someone else was threatened may be reasonable even if he relied on information that was not true. However, the defendant must actually and reasonably have believed that the information was true. If you ?nd that the alleged victim threatened or harmed the defendant or others in the past, you may consider that information in deciding whether the defendant?s conduct and beliefs were reasonable. Someone who has been threatened or harmed by a person in the past is justified in acting more quickly or taking greater self-defense measures against that person. A defendant is not required to retreat. He or she is entitled to stand his ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger of the battery has passed. This is so even if safety could have been achieved by retreating. The People have the burden of proving beyond a reasonable doubt that the defendant did not act in lawful self-defense or defense of another. CALCRIM No. 3470 Mutual Combat or Initial Aggressor A person who engages in mutual combat or who starts a fight, has a right to self-defense only if 1. He actually and in good faith tried to stop fighting 2. He indicated by word or by conduct, to his opponent, in a way that a reasonable person would understand, that he wanted to stop ?ghting and that he had stopped ?ghting; and 3. He gave his opponent a chance to stop fighting. Charge Evaluation Worksheet J.S.I.D. File L.A.S.D. File #918-00055-2003-441 Page 23 of 28 CALCRIM No. 3471. Criminal Threats Penal Code section 422(a) prohibits individuals from committing criminal threats against another person. The following elements must be proven before a defendant may be found guilty of this crime. 1. The defendant willfully threatened to unlawfully kill or unlawfully cause great bodily injury to a person; 2. The defendant made the threat orally; 3. The defendant intended that his statement be understood as a threat; 4. The threat was so clear, immediate, unconditional, and speci?c that it communicated to the person a serious intention and the immediate prospect that the threat would be carried out; 5. The threat actually caused the person to be in sustained fear for his own safety, or the safety of his immediate family; and 6. The person?s fear was reasonable under the circumstances. Someone commits an act willfully when he or she does it willingly or on purpose. In deciding whether a threat was suf?ciently clear, immediate, unconditional, and speci?c, consider the words themselves, as well as the surrounding circumstances. Someone who intends that a statement be understood as a threat does not have to actually intend to carry out the threatened act. Great bodily injury means signi?cant or substantial physical injury. It is an injury that is greater than minor or moderate harm. Sustained fear means fear for a period of time that is more than momentary, ?eeting, or transitory. An immediate ability to carry out the threat is not required. Charge Evaluation Worksheet File L.A.S.D. File #918-00055-2003-441 Page 24 of 28 Immediate family means any spouse, parents, and children; any grandchildren, grandparents, brothers and sisters related by blood or marriage; or any person who regularly lives in the other person?s household. CALCRIM No. 1300. Battery Penal Code section 242 prohibits individuals from committing a battery against another person. The following elements must be proven before a defendant may be found guilty of this crime: I. The defendant willfully and unlawfully touched a person in a harmful or offensive manner; and 2. The defendant did not act in self-defense or in defense of someone else. Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intended to break the law, hurt someone else, or gain an advantage. The slightest touching can be enough to commit a battery if it is done in a rude or angry way. Making contact with another person, including through his or her clothing, is enough. The touching does not have to cause pain or injury of any kind. CALCRIM N0. 960. In evaluating a witness's testimony, ajury may consider anything that reasonably tends to prove or disprove the truth or accuracy of that testimony. Among the factors the jury may consider are: 0 How well could the witness see, hear, or otherwise perceive the things about which the witness testi?ed? 0 Was the witness's testimony influenced by a factor such as bias or prejudice, a personal relationship with someone involved in the case, or a personal interest in how the case is decided? 0 Did other evidence prove or disprove any fact about which the witness testified? CALCRIM N0. 226. Charge Evaluation Worksheet J.S.I.D. File L.A.S.D. File #9l8-00055-2003-441 Page 25 of 28 FACTUAL ANALYSIS The evidence examined in this investigation shows that all parties had been drinking alcohol prior to the altercations which occurred in the parking lot. These events occurred at night in a dark, unilluminated parking lot. No recording exists which documents the actions described in this case. The incident was not immediately reported to the authorities. Moreover, the evidence shows that Rodriguez, Moran, and Munoz confronted Gonzalez at the ELA station days before this alleged incident occurred, and told Gonzalez to transfer to another LASD station. This fact arguably provides a motive for the assaultive behavior by M. Hernandez, Rodriguez, Silverio, and Munoz, as well as demonstrating a motive to lie by A. Hernandez, Escobedo, Fuentes, and Gonzalez. After leaving the parking lot, A. Hernandez, Escobedo, Fuentes, Gonzalez and Casas left the location separately, and regrouped shortly thereafter. Although no evidence has been provided to show what they discussed, this fact could be used to imply that they discussed these incidents with each other prior to providing a statement to investigators. The fact that all parties and witnesses know each other could be used to imply a bias or other motive to fabricate evidence by all individuals involved. Finally, given the above factors and that the overall fact pattern identi?es a group beating or melee, it is difficult to determine whether any speci?c individual was acting in what he perceived to be self-defense or defense of another. This fact pattern obfuscates the ability to prove each charge beyond a reasonable doubt. Deputy Greg Rodriguez Battery against Fuentes During the ?off?training? party, it appeared that Rodriguez and other more senior deputies verbally confronted Gonzalez numerous times a fact that Fuentes found offensive. At one point, Fuentes verbally interjected when Rodriguez attempted to confront Gonzalez again in the parking lot. At this point, Rodriguez allegedly placed his head against Fuentes' head, and then pushed Fuentes. Fuentes, Gonzalez, and A. Hernandez all agree that Rodriguez pushed Fuentes, without physical provocation by Fuentes. Escobedo, who said he was present, did not see Rodriguez push Fuentes. This initial push is what started the assaults which followed, and the accounts of what occurred after this initial shove vary. The evidence as to this one act - the push by Rodriguez - is generally consistent. Even though three witnesses are consistent in their description of this push or shove, the overall evidence is insufficient to prove that Rodriguez committed the crime of battery. This incident appears to the be the culmination of other preceding events, which both provide a motive for the crime, and demonstrate bias on the part of the witnesses. All witnesses had been drinking for several hours and the events occurred at night in the dark. Prior to providing a statement to authorities, A. Hernandez, Escobedo, Fuentes, and Gonzalez met in a location away from the altercation. No independent evidence exists which would objectively document what occurred. As such, the overall evidence is insuf?cient to support a criminal filing. Charge Evaluation Worksheet J.S.I.D. File #l9-0275R L.A.S.D. File #918-00055-2003-44] Page 26 of 28 Battery causing serious bodily injury against A. Hernandez During the incident, A. Hernandez was rendered unconscious for a period of time. Being rendered unconscious can constitute serious bodily injury under the law. However, the overall evidence is insuf?cient to prove beyond a reasonable doubt that Rodriguez committed this crime. A. Hernandez has no independent recollection as to who punched him. The only witness who states he saw Rodriguez assault A. Hernandez causing him to become unconscious is Contreras, A. Hernandez?s partner. Contreras stated he saw A. Hernandez push Munoz on the left shoulder, causing Munoz to fall to the ?oor. Immediately afterwards, Contreras saw Rodriguez throw a single jab, which connected with A. Hemandez?s face, causing him to fall to the ground and render him unconscious. Fuentes, Gonzalez, and Escobedo did not recall A. Hernandez being assaulted or rendered unconscious. Saavadra said while A. Hernandez was on the sidewalk, he saw A. Hernandez fall down on his own. Casas said that after Munoz pushed both A. Hernandez and Rodriguez down, Rodriguez and Munoz stood over A. Hernandez and both repeatedly punched him in the face and torso causing A. Hernandez to cut his lip. Muniz, Sanchez, Lupita Q., Jennifer 0., Moore, and Duran stated that they did not see Rodriguez attack A. Hernandez. Although a single witness' testimony may be suf?cient to prove any fact, the overall evidence in this case is insuf?cient to prove beyond a reasonable doubt that Rodriguez assaulted A. Hernandez in violation of Penal Code section 243(d). Contreras was A. Hernandez's partner at the time, which could be used to suggest that he had a bias or interest if he was called to testify. Given the conflicting statements by all witnesses, the fact that A. Hernandez was unable to identify who assaulted him, and the lack of a recording or independent witness to the event, the evidence is insuf?cient to support a criminal ?ling. Deputy Rafael Munoz Battery against A. Hernandez After Fuentes verbally confronted Rodriguez, most witnesses agreed that A. Hernandez grabbed and held Rodriguez in an attempt to stop Rodriguez from ?ghting Fuentes. Fuentes and Gonzalez stated Munoz then charged and pushed A. Hernandez and Rodriguez down to the ?oor. Escobedo stated that Munoz tackled A. Hernandez. A. Hernandez stated that Munoz tried to punch A. Hernandez, missed and his body momentum carried him into A. Hernandez and Rodriguez, knocking them down. Contreras stated after A. Hernandez grabbed Rodriguez, the next thing he saw was A. Hernandez, Rodriguez, and Saavadra on the ?oor. Saavedra denied ever being involved or witnessing any altercation. Casas stated that A. Hernandez did not physically intervene after Rodriguez pushed Fuentes. Although it?s likely Munoz punched A. Hemandez once they were both on the ground, the evidence is insuf?cient to prove the charge beyond a reasonable doubt. Give the bias or motive Charge Evaluation Worksheet File #l9-0275R L.A.S.D. File #918-00055-2003-441 Page 27 of28 of all participants, the fact that all had been drinking, and the lack of any objective evidence, the evidence presented is insuf?cient to support a criminal ?ling. Moreover, the evidence suggests that Munoz became involved in the physical dispute after witnessing A. Hernandez grab his friend. As such, the evidence is insufficient to show that Munoz was not acting in what he reasonably believed was lawful defense of a Rodriguez. Sergeant Michael Hernandez Battery against Jose Fuentes After Fuentes verbally confronted Rodriguez, witnesses stated that M. Hernandez interjected himself into the melee and pushed Fuentes out of the parking lot. Fuentes said as he was being pushed, M. Hernandez kept stating, ?What do you got to say.? In response, Fuentes backed out of the parking lot and entered a patrol vehicle driven by Duran and left the party. Other witnesses tend to corroborate that M. Hernandez pushed Fuentes. Gonzalez said he observed M. Hernandez push Fuentes out of the parking lot and added that Moore, who was on duty at the time, was also present. Moore acknowledged his presence, admitted there was a lot of yelling back and forth, however, he denied witnessing any batteries. Escobedo stated M. Hernandez tried to grab Fuentes, as opposed to push him into the street, at which point Escobedo intervened and pushed M. Hernandez. Contreras made no mention of M. Hernandez pushing Fuentes out of the parking lot. Again, inconsistent witness accounts and lack of corroboration make a precise determination as to exactly what occurred, and whether M. Hernandez did commit a battery against Fuentes, unachievable. Moreover, the evidence is insufficient to show that M. Hernandez was not acting to keep Fuentes from being involved in the melee, and therefore in defense of others. As such, the People cannot prove beyond a reasonable doubt that M. Hernandez committed a battery against Fuentes. Battery against Escobedo Escobedo stated he pushed M. Hernandez, and M. Hernandez then grabbed him and pushed him up against the chain link fence. Gonzalez and Casas also saw M. Hernandez push Escobedo against a chain link fence and try to strangle him. Contreras believed Silverio, not M. Hernandez, pinned Escobedo against the chain link fence. According to Casas and Escobedo, Muniz assisted in pulling M. Hernandez offof Escobedo. Per Muniz, he did not pull M. Hernandez away from Escobedo. Muniz stated he saw Silverio and Escobedo arguing at the entrance to the parking lot and he convinced Escobedo to get in a car and leave. Escobedo, Gonzalez and Casas all state that M. Hernandez strangled Escobedo. However, their statements, although reasonably consistent, are of less convincing force due to their alcohol consumption and that they all regrouped after the altercation. However, a contrary recollection by Contreras and lack of a recording or other objective evidence to clarify this event weaken the Charge Evaluation Worksheet J.S.I.D. File #l9-0275R L.A.S.D. File #918-00055-2003-441 Page 28 of 28 force of Escobedo's, Gonzalez's and Casas' statement. Moreover, Escobedo's statement arguably supports that M. Hernandez acted in self-defense. As such, the People cannot prove beyond a reasonable doubt that M. Hernandez committed a battery against Escobedo. Criminal Threats against Al??ed Gonzalez Finally, during the party, Gonzalez stated that M. Hernandez threatened to ?deal? with him or his family. Threatening to ?deal? with Gonzalez and his family, although ominous and menacing in nature, does not necessarily prove that M. Hernandez had an intent to kill or cause great bodily injury. The statement was not so clear, immediate, unconditional and specific as to communicate a serious intention to Gonzalez that the threat would be carried out. Moreover, the threat did not actually cause Gonzalez to be in sustained fear, as required by law. Gonzalez stated that M. Hernandez wasjust being drunk and trying to provoke a ?ght. After the threat was made, Gonzalez stayed at the party. Such actions are not those of someone who was in sustained fear of his life or physical safety. As such, the People cannot prove beyond a reasonable doubt that M. Hernandez committed the crime of criminal threats against Gonzalez. Deputy David Silverio Battery against Escobedo Contreras stated he saw Silverio hold Escobedo against a chain link fence yelling, got him. Get away." Contreras?s account is inconsistent with statements made by Gonzalez, Escobedo, and Casas all of whom claimed it was M. Hernandez who pressed Escobedo against the chain link fence. Given the conflicting statements regarding this act, there is insufficient evidence to prove Silverio committed this crime. CONCLUSION The evidence examined in this investigation shows that all involved individuals had consumed alcohol, the area in question was dark and unlit, many contradictory statements were made by both witnesses and the parties involved, and everyone involved has potential bias. These factors taken together raise a reasonable doubt as to whether M. Hernandez, Rodriguez, Silverio, and Munoz committed the alleged crimes. As such, there is insuf?cient evidence to prove beyond a reasonable doubt that any of the suspects committed any crimes. Therefore, we are closing our file and will take no further action in this matter.