INCIDENT CRIMINAL REPORT Alameda County Sheriff's Of?ce Agency: ACSO 0R1: CA00100000 Case Number: 19?009845 Supplement Information Supplement Date Supplement Type Supplement Of?cer 0611 9/2019 09:26:51 GENERAL SUPPLEMENTAL (104136) CEDERGREN, CRAIG Contact Name Supervising Of?cer (109785) MCMILLAN, SEAN Supplement Narrative SUPPLEMENTAL NARRATIVE On Monday, June 10, 2019, was assigned as the Santa Rita Jail (SRJ) Intake, Transfer, and Release (ITR) Lieutenant, 1100-2000 hours. During my shift, I was wearing a Class Utility Uniform complete with Cloth Name Badge, Embroidered Cloth Badge, and Shoulder Patches. Attached to the front of my Class Utility Uniform, positioned forward facing to facilitate an unobstructed ?eld of view, was my AXON Body 2 Body Worn Camera (BWC), X81143681, in the ?on" position and in buffering mode. At the end of my shift, I commenced the download process, and secured the BWC data on secure AXON Evidencecom servers. I reviewed available BWC Data, and Detention and Correction Divisions ?xed security camera video in accordance with Alameda County Sheriffs Of?ce (ACSO) General Order 8.17, Body Worn Cameras, and ACSO General Order 8.21, Fixed Security Cameras, in preparation of this Supplemental Narrative. For clari?cation, all AXON Body 2 Cameras embed a visual watermark containing the date, time, model and serial number of the camera in the upper-right corner of captured videos. The watermark date and time information uses the ISO 8601 international standard to indicate time in a 24-hour format and adds a zone designator directly after the time to denote zero offset from Coordinated Universal Time (UTC) time. This is also known as Zulu time, and Paci?c Daylight Time is seven (7) hours behind the UTC. Approximately 1413 hours, Ipassed through the Law Enforcement Lobby, to deliver documents to another unit, and observed a male arrestee seated upon the floor, restrained in a restraint device the ACSO de?nes as the Restraint Device." I later identi?ed the arrestee as Chrisan Madrigal, and the arresting law enforcement agency as the Fremont Police Department (FPD), via an eProcess Consolidated Arrest Report (CAR). I also observed FPD Of?cers, ACSO Sworn and Professional Staff, as well as Sergeant Johnnie Graham present. Approximately 1416 hours, Sergeant Graham asked me via handheld radio "If you?re available, can you 98 Iresponded, "Yeah, Icopy." Approximately 1421 hours, Sergeant Graham summoned me via handheld radio, and I replied, "Enroute Graham, go ahead." Sergeant Graham replied, just need approval for the chair." Approximately 1423 hours, I arrive in the Intake area of ITR. Sergeant Graham advised of the following, "Mushrooms, mushrooms, and he?s, he?s gonna ?ght with us, he?s already tensing his body, we can?t unrestrain him, so." As I walked towards ITR Cell R1, I observed Deputy Sheriffs Anastasia Salazar, Chris A 4 IU Case Status: Printed: 98012019 11:00 Page 16 of 5] INCIDENT CRIMINAL REPORT Alameda County Sheriff's Ot?ce Agency: ACSO ORI: CA00100000 Case Number: 19-009845 Comfort, Tiffmy Ross, Justin Johnson, Christopher McMann, Nikki Rhoades, and David Sides present. I asked, "We can?t get him out of there?,? in reference to the FPD WRAP Restraint Device. Sergeant Graham replied, "Not without ?ghting with him. I asked why the FPD placed Madrigal in the restraint device, while I observed Madrigal and his demeanor, and Deputy Comfort replied, heard he was down at the jail, he fought with the, the jail deputies." It was my understanding the jail referenced was the Fremont Jail. Based upon my observations, and information provided by those present during the incident, I believed the restraint device present, the Pro-Straint Restraint Chair, as de?ned by the ACSO, and its requested utilization, to be inappropriate given the circumstances known to me at that time. I noted Madrigal, although restrained in a WRAP Restraint Device, had not displayed behavior which could have resulted in the destruction of property, nor revealed intent to cause physical harm to self or others. By ACSO de?nitions, the Pro-Straint Restraint Chair is, chair with equipment designed to restrain, control, and limit the movements of someone who displays hazardous behavior." I also recognized the need to remove Madrigal from the Wrap Restraint Device to release the FPD Of?cers back to servwe, and to have him further evaluated by California Forensic Medical Group (CFMG) staff. Approximately 1424 hours, I asked Deputies McMann, Rhoades, and Sides to stand Madrigal on his feet and begin removing him from the WRAP Restraint Device. Approximately 1425 hours, I asked if Madrigal spoke English, and someone replied, as I attempted to ease the tension of the WRAP Restraint Device Tether Strap, the strap the connects the Harness to the Leg Wrap, with Madrigal standing. I was unable to ease the tension, and asked Deputies McMann and Rhoades to return Madrigal to a seated position on the ?oor. Deputies McMann, Rhoades, and Sides then attempted to ease the tension of the Tether, but were unable to as Madrigal leaned back and slid forward on the ?oor due to the texture of the Leg Wrap material. Approximately 1426 hours, I asked for someone to tell Madrigal to "Sit up" in Spanish, which they did. With Deputies Sides and Rhoades assistance in ensuring Madrigal was seated fully upright, I was able to ease the tension of the Tether Strap. Deputies Sides and Rhoades returned Madrigal to his feet. Prior to removing the WRAP Restraint Device, a set of available Leg Irons were attached to Madrigal?s handcuffs, as I recognized Madrigal's behavior, volatility, and intentions were unpredictable, and subject to change. By utilizing restraints in this manner, through the open Cell Door Cuf?ng Port, we minimized Madrigal?s movements by utilizing the Cell Door as a barrier/shield and limited Madrigal?s ability to kick, resist, or assault us while being secured within Cell R1. This technique also facilitated the removal of the WRAP Restraint Device. It is my understanding that the use of Leg Irons in this manner have been presented in the Core Course curricula for entry-level staff, and have been utilized in other incidents occurring within the SRJ. Approximately 1428 hours, as Deputy Sides began removing the WRAP Restraint Device, Leg Wrap followed by the Harness, Madrigal began twisting and tensing his upper body. Deputy Rhoades maintained control of Madrigal and asked to summon Deputy Marco Torres, who could assist with the Pat Search by speaking Spanish. Approximately 1429 hours, as Deputy Sides and McMann commenced their search, I instructed Deputy Rhoades to maintain physical contact between Madrigal?s upper body (Back) and the Cell Door, again to limit his movement(s). Deputy Torres arrived and began translating for Madrigal. AC 00001.7 Case Status: Printed: 9130/2019 11:00 age 1'7 of 51 INCIDENT CRIMINAL REPORT Alameda County Sheriff's Of?ce Agency: ACSO 0R1: CA00100000 Case Number: 19-009845 Approximately 1430 hours, per my request, Deputy Torres directed Madrigal to remain calm and walk into Cell The Cell Door was secured without incident. Approximately 1431 hours, Deputy Rhoades attempted to guide Madrigal?s hands through the Cell Door Port in order to remove the remaining restraints. Deputy Sides, Ross, and I attempted to assist Deputy Rhoades, but Madrigal refused to kneel and place his hands through the Cuf?ng Port. Madrigal continued to attempt to pull away from the Cell Door. While we maintained control of Madrigal via the Leg Irons, Deputy Torres directed Madrigal to place his hands through the Cuf?ng Port several times, repeatedly, without success. As Madrigal received directions, he looked out the Cell Door Window at Deputy Sides and Torres. To prevent physical injury to Madrigal or any of the involved personnel, and to maintain control of Madrigal and gain his compliance, the Leg Irons were secured to the Cell R1 doorknob with a pair of handcuffs, as the circumference of the Leg Iron cuff when closed was greater than the diameter of the doorknob. Without the use of the handcuffs, Madrigal could have reached through the Cuf?ng Port and removed the Leg Iron cuff, and had access to an impromptu weapon of opportunity, if desired. If was my observation, based upon Madrigal?s refusal to cooperate, that even the removal of the Leg Irons from the handcuffs, and allowing Madrigal to remain in handcuffs within Cell R1, was not likely to occur without employing force to overcome the resistance and/or lack of cooperation offered. I also knew from past training and experiences, a person can defeat a pair of handcuffs even when properly applied and double locked, and have access to a means to cause physical harm to oneself or others. Approximately 1433 hours, Registered Nurse (RN) Jed Divinagracia, CFMG, began completing the ACSO Intake/Receiving Screening Form (PD-803) assigned to Madrigal, with Deputy Torres translating. Through Deputy Torres, RN Divinagracia asked Madrigal what substance(s) he was using, and Madrigal replied, "Nothing." Next, RN Divinagracia asked Madrigal about mental health problems, and Madrigal replied, RN Divinagracia then asked Madrigal about medical problems, and Madrigal replied, only want to go home." I noted during their interaction that Madrigal appeared oriented, and responded to questions asked by RN Divinagracia. During the screening, Madrigal continued to refuse to allow the remaining restraints to be removed. Approximately 1434 hours, Deputy Ross inquired about starting a Restraint Observation Log concerning Inmate Madrigal. The form is utilized to document the application of restraints, and the direct, visual observations of inmates placed into restraints. The log, initiated by Deputy Rhoades, 1440 hours, documented the reason for the log as ?11550 refused to uncuff." The log Watch Type is Intensive Observations requiring "Observation intervals shall not exceed 15 minutes" and that "Observations shall be random." Adult Forensic Behavioral Health (AFBH) Associate Marriage and Family Therapist (AMFT) Rebecca Reyna Perez was noti?ed of the Restraint Observation Log and Inmate Madrigal. Given the assigned ITR personnel on-duty during the assigned shift, Ibelieved the required observations of Madrigal manageable, and that Madrigal would cooperate in a timely manner. Approximately 1435 hours, Deputy Torres continued to converse with Madrigal, at the Cell Door, and repeatedly directed Madrigal to comply with his directions. Deputy Torres advised Madrigal once he kneeled and put his hands through the Cuf?ng Port, the restraints would. be removed, and he would be able to eat and lay down. Madrigal continued to remain non-compliant and kept stating he wanted to go home. Their conversation ended at 1437 hours, with Madrigal standing at the Cell Door. Approximately 1650 hours, after attending to other functions as required in ITR, I returned to Cell R1Case Status: Printed: 913012019 11:00 Page 18 ofSl INCIDENT I CRIMINAL REPORT Alameda County Sheriff's Of?ce Agency: ACSO 0R1: CA00100000 Case Number: 19?009845 observed Madrigal standing at the Cell Door. Madrigal placed his hands, now positioned in front of his abdomen, although previously positioned behind his back, on the inner edge of the open Cuf?ng Port. As I prepared to remove the restraints, believing Madrigal was cooperating in the removal of them, he pulled his hands back. I continued my and visual observations of the immediate area(s). Approximately 1720 hours, I re?entered ITR from the Law Enforcement Lobby. I observed Depiity Peter Mineo ?ngerprinting a male arrestee, who is drenched with sweat, and appears ill. Deputy Ross was also present. Approximately 1720 hours, I walked towards Ceil R1 to observe Madrigal. As I looked into Cell R1 through the Cell Door Window, I did not see Madrigal standing as on previous occasions. As I continued to look, I observed Madrigal seated with his upper body against the Cell Door. Madrigal?s hands were on his right side of his chest, as if they were resting on a knee. I attempted to communicate with Madrigal, but he did not respond. Approximately 1721 hours, I asked Deputy Ross to standby to further assess Madrigal. As I opened Cell R1, Deputy Ross and I observed Inmate Madrigal had placed a single loop of chain around his neck, formed with the piece of chain connecting the Leg Iron cuffs, and was unresponsive. I immediately began working to free Madrigal by lifting his body up from the seated position while removing the loop of chain. Approximately 1722 hours, Deputy Rhoades responded to assist. After removing Madrigal?s left wrist from the handcuffs, I carefully placed him in a supine position on the ?oor, and initiated Cardiopulmonary Resuscitation (CPR). I requested an Automated External De?brillator (AED) which Deputy Rhoades attached to Madrigal, and activated. Approximately1724 hours, CFMG RN Michael Naria assumed CPR and relieved me. After being relieved, I immediately re-con?rmed Control Point 1 (CPI), Sheriffs Technician Rory Cowan, was aware of the need of a Code 3 Medical Response in ITR. Cowan acknowledged con?rmation. Approximately 1725 hours, I retrieved the Restraint Observation Log attached to the Cell R1 Door, located a writing instrument, and updated it to re?ect the time the Code 3 Medical Response occurred. Approximately 1726 hours, I returned to Madrigal and observed several CFMG Staff Members present attending to ongoing resuscitation efforts. Approximately 1727 hours, I entered Door 591B, referred to as the "Bubble,? by staff, to ascertain the extent of the video data captured by several Fixed Security Cameras located throughout ITR. Approximately 1729 hours, Deputy Eduardo Rivera Velasquez assisted me with a brief review of the video data contained upon the two (2) separate Digital Video Recorder (DVR) Systems. Each DVR is assigned sixteen (16) Fixed Security Cameras. I asked Deputy Rivera to proceed to the 1440 visual watermark, and review the available data of the area adjacent to Cell R1. For clarity the visual watermark on the DVR on the left is seven (7) minutes slow, and the visual watermark on the DVR on the right is twenty-?ve (25) minutes fast, in correlation to correct Paci?c Daylight Time. Approximately 1734 hours, the Alameda County Fire Department, Engine 17, arrived and attended to Madrigal, continuing the ongoing resuscitation efforts. Approximately 1734 hours, I contacted Division Commander Thomas Madigan, Jr., via telephone, and AC 000019 Case Status: Printed: 9/30/2019 11:00 Page 19 or 51 INCIDENT CRIMINAL REPORT Alameda County Sheriff?s Of?ce Agency: ACSO 0R1: CA00100000 Case Number: 19-009845 advised him of the incident, and the medical status of Madrigal, who was transported to Stanford Health Care, ValleyCare, 5555 W. Las Positas Boulevard, Pleasanton, California 94588, by Paramedics Plus Rig 174. Commander Madigan later responded to the Santa Rita Jail (SRJ). Approximately 2001 hours, Assistant Sheriff Dennis Houghtelling arrived at the SRJ and later departed at 2200 hours. Approximately 2050 hours, Madrigal was transferred from Stanford Health Care ValleyCare, to Eden Medical Center, Sutter Health, 20103 Lake Chabot Road. Castro Valley, California 94546. Approximately 2200 hours, I met with Lieutenant Timothy Schellenberg, Investigations, Eden Township Substation (ETS), at the Approximately 2230 hours, I departed from the SRJ. Supplemental Narrative ends. Case Status: Printed: 913012019 11:00 AL @920 0151