Investigator Notes_Redacted
City of Long Beach
Working Together to Serve Memorandum
Date: March 27, 2019
To: Lloyd Cox, Commander, Internal Affairs Division
From: Jose Flores, Sergeant, Internal Affairs Division
Subject: INVESTIGATOR NOTES - INTERNAL AFFAIRS CASE #CIT2018-0091
1. On June 8, 2018, Complainant James Ball emailed Internal Affairs alleging the following:
a. Detective Chris Rose #5294 used excessive force during the arrest of the Complainant.
b. Detective David Fritz #5372 used excessive force during the arrest of the Complainant.
2. On September 18, 2018, Sergeant Flores was assigned Internal Affairs Case
#CIT2018-0091.
3. On March 4, 2019, Sergeant Flores examined the Complaint and determined the Complainant had been arrested on September 7, 2017 by Detective Rose and Detective Fritz. The Complainant is questioning why Detective Rose and Detective Fritz were not wearing body cameras during the arrest. The Complainant alleges in
his complaint that he has major injuries, is disabled, and this should have been known because he was under surveillance. The Complainant alleges Detective Rose choked him and Detective Fritz stood on his injured right leg. The Complainant goes on to allege there was an illegal search because he was not on probation and challenges Detective Destefano’s training and experience.
4. On March 4, 2019, Sergeant Flores examined the Complainant’s criminal history. On February 6, 2019, the Complainant was arrested by the Los Angeles Police Department Fugitives team for an outstanding warrant regarding this case. On June 14, 2018, the Complainant was arrested for a probation violation warrant. On March 22, 2018, the Complainant was arrested for a warrant. Per the Complainant’s
criminal history, he has had several other narcotic related arrests.
5. On March 4, 2019, Sergeant Flores examined photographs taken the day of the use of force. The Complainant had an abrasion to the right elbow, redness around the front of the neck, and what appeared to be a surgical scar on his right ankle, with skin discoloration around it.
A photograph of Detective Rose depicting his Long Beach Police badge hanging on a lanyard from his neck and a thigh holster on his right hip. A photograph depicting what appeared to be scratches on Detective Rose’s left forearm. A photograph of Detective Fritz, depicting his Long Beach Police badge and Federal Credentials hanging on a lanyard from his neck.
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Photographs depicting the Complainant’s vehicle with miscellaneous tools on the floor of the driver side of the vehicle, a vape pen, a screw driver with a black handle, address numbers over the garage door
6. On March 4, 2019, Sergeant Flores examined Detective Starbird’s police report,
which was the main report. Per Detective Starbird’s police report, the Complainant
had a warrant for his arrest and was on probation out of Orange County with search conditions. On September 7, 2017, the Orange County District Attorney Investigator Ken Schiffner requested the assistance of the Long Beach Police Department Criminal Intelligence Section (CIS) to conduct a probation search and take the
Complainant into custody. Orange County District Attorney’s investigators conducted
a probation search of the Complainant’s residence. Orange County District Attorney’s investigators located items they believed to be used in the manufacturing of butane hash oil. Detective Destefano #5668 and Detective Thue #5701 responded to the scene and confirmed all elements of a butane hash oil lab were
present in the Complainant’s apartment.
During Detective Starbird’s investigation, she contacted a witness (Salomon Zubiate). Per Detective Starbird’s police report, Zubiate saw both Detective Rose and Fritz wearing their badge around their necks and heard them identify themselves as police officers. Zubiate observed one of the detectives attempt to
handcuff the Complainant when he fought back. One of the detectives told Zubiate
to call 9-1-1 and get some help. Zubiate called 9-1-1 to get Detective Rose and Detective Fritz help.
7. On March 4, 2019, Sergeant Flores examined Detective Fritz #5372 police report, supplemental report #0003. Per Detective Fritz’s police report, the purpose of the
surveillance was to assist the Orange County District Attorney’s Office. Detective Fritz and Detective Rose were made aware by Detective Starbird, the Complainant was on probation and had a warrant for his arrest out of Orange County. Per Detective Fritz’s police report, the Complainant had sent an email to LBPD Narcotics with “Virtus juxit mors non separabit” in the subject line. Based on Detective Fritz
experience Sovereign Citizens are very anti police and do not recognize police officers as having any legal authority to enforce the law. Detective Fritz and Detective Rose identified themselves as police officers when they contacted the Complainant. Detective Fritz heard Detective Rose order the Complainant to the ground. Detective Fritz observed the Complainant clench pointed objects in each of
his hands. Detective Rose attempted to place the Complainant in a twist lock control hold. The Complainant tensed up his whole body, resisting Detective Rose’s attempt at a twist lock. Detective Rose placed the Complainant in a Carotid Restraint causing the Complainant’s body to go limp, momentarily. Detective Rose assisted him to a seated position. A moment later, the Complainant started fighting again,
yelling profanity, and kicking his legs. Detective Fritz grabbed the Complainants lower left leg and foot to gain control and keep the Complainant from kicking him. Detective Rose was able to place the Complainant in handcuffs. The Complainant
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was treated at the scene by Long Beach Fire personnel and later transported to College Hospital for treatment and medical clearance to be booked. Sergeant Bell #5205 was notified of the use of force and responded.
8. On March 4, 2019, Sergeant Flores examined Detective Rose police report,
supplemental report #0005. Detective Starbird advised Detective Rose she had
received a phone call from the Orange County District Attorney’s Office requesting their team’s assistance to perform surveillance and possibly arrest the Complainant. Detective Starbird advised Detective Rose the Orange County District Attorney’s Office was in the process of getting a team together to arrest the Complainant and to
perform a probation search but were going to be delayed in trying to get their team
together. Per Detective Rose he was familiar with the Complainant’s case and was advised the Complainant was under investigation for threatening a Judge, and a Prosecutor in Orange County. Detective Rose and Detective Fritz responded to the Complainant’s residence where they located him. As Detective Rose contacted the
Complainant, he observed him holding a screwdriver in his right hand as a knife and
holding two other items in his left hand. Detective Rose told the Complainant 2 to 3 times to drop the screwdriver. The Complainant dropped the screwdriver, which at that time Detective Rose attempted to place him in a twist lock control hold. The Complainant immediately tensed up and attempted to pull away. Per Detective
Rose, for his safety and that of Detective Fritz he applied a Carotid Restraint. The
Complainant lost consciousness and was guided to a seated position. The Complainant gained conscious and began to kick toward Detective Fritz. Detective Fritz gained control of the Complainant’s legs preventing him from kicking at him. As Detective Fritz controlled the Complainant’s legs, this allowed Detective Rose to
place the Complainant on his stomach and place him in an armbar control hold. After handcuffing the Complainant, the Complainant told Detective Rose he was going to get him and that he did not have the authority to arrest him. The Complainant was provided medical aid and transported to College hospital.
9. On March 4, 2019, Sergeant Flores examined the email sent to
LBPDNarcotics@longbeach.gov by the Complainant. The Complainant introduces himself as the new “Chief Justice”. The Complainant goes on to advise if a Sovereign American is charged without their constitutional rights, he can charge the officer with “Felony Treason” which was punishable by Death. The Complainant mentions he was a former police explorer and police were once his idols. For further
see the attached email.
10. On March 5, 2019, Sergeant Flores contacted Orange County Deputy Probation Officer II (DPO) Deborah Soria. DPO Soria provided Sergeant Flores the Complainant’s probation minute order. Per the minute order, the Complainant had been on probation since April 10, 2017. Per line 62 of the minute order, the
Complainant’s search conditions were: SUBMIT YOUR PERSON AND PROPERTY INCLUDING ANY RESIDENCE, PREMISES, CONTAINER, OR VEHICLE UNDER YOUR CONTROL, TO SEARCH AND SEIZURE AT ANY TIME OF THE DAY OR
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NIGHT BY ANY LAW ENFORCEMENT OFFICER, PROBATION OFFICER, OR MANDATORY SUPERVISION OFFICER WITH OR WITHOUT A WARRANT, PROBABLE CAUSE OR REASONABLE SUSPICION. Per the minute order, the defendant accepted the terms and conditions of his probation. During Sergeant
Flores’ conversation with DPO Soria, she advised him the Complainant’s probation
was valid during his contact with Detective Rose and Detective Fritz and any sub sequential search of the Complainant’s property.
11. On March 5, 2019, Sergeant Flores examined the Complainant’s jail packet and determined the Complainant had been booked for the following valid Orange County
warrant numbers: 16WM17386, NBR58220, HB3106370, AND 85342TS along with
his open charges when he was arrested by Detective Rose and Detective Fritz.
12. On March 6, 2019, Sergeant Flores examined the Use of Force Supervisor Review in Blue Team. The Use of for Force was found “In Policy/ No Action”. Detective Fritz was listed in the Supervisor Review as a Witness Officer not as a participant of the
use of force.
13. On March 7, 2019, Sergeant Flores examined case NA107343 and determined that on February 22, 2019, the Complainant pled “Not Guilty” but was “Held to Answer” for 11379.6(A) Health and Safety Code and 2-counts of 69PC. Sergeant Flores called the Los Angeles District Attorney’s office and was told the Complainant had
arraignment, on March 8, 2018.
14. On March 7, 2019, Sergeant Flores received an email from Sarah Green containing the eviction letter sent to the Complainant. Sarah Green advised Sergeant Flores that there was a clerical error and the letter should have read “i.e. Butane/Hash Oil” not “i.e. Methamphetamine”. Sergeant Flores added the eviction letter and her email
to the file.
15. On March 12, 2019, Sergeant Flores contacted the Los Angeles District Attorney’s office and was advised that the Complainant was scheduled for pre-trial on March 22, 2019.
16. On March 12, 2019, Sergeant Flores determined the Complaint is currently in
custody at the Men’s Central Jail located at 441 Bauchet Street, Los Angeles, Ca, awaiting his pre-trial on March 22, 2019.
17. On March 12, 2019, Sergeant Flores was advised by Myra Talley that Detective Fritz retired from the department on November 1, 2017.
18. On March 13, 2019, Sergeant Flores called former Detective Fritz telephonically and
left him a voice mail.
19. On March 21, 2019, Sergeant Flores has yet to hear from Detective Fritz and has mailed an interview request letter to his residence.
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20. On March 25, 2019, Sergeant Flores called the Los Angeles District Attorney’s Office and was advised the case was assigned to Deputy District Attorney Diane Labrusciano and the pre-trial occurred on March 22, 2019.
21. On March 25, 2019 at 1444 hours, Sergeant Flores telephonically interviewed
Retired Detective Fritz, who is no longer an employee of the City of Long Beach. On
September 7, 2017, Retired Detective Fritz was an employee of the Long Beach Police Department assigned to the Criminal Intelligence Section (CIS) and responded to Per Retired Detective Fritz, their office received a phone call from the Orange County Investigators Office regarding the Complainant
who was named on police reports as a suspect making threats towards Orange
County employees. The Orange County Investigators office advised CIS that the Complainant was on active probation. The Long Beach Police department was not the lead investigating department. Per Retired Detective Fritz, he did not target the Complainant and was not aware of anyone targeting the Complainant. This was the
first time ever contacting the Complainant. Upon contacting the Complainant,
Detective Fritz presented his badge to the Complainant. Retired Detective Fritz and Detective Rose ordered the Complainant to put his hands up. The Complainant took a fighting stance and ignored their orders. Per Retired Detective Fritz there was a generator ON but was not loud enough to drown out any of the commands given to
the Complainant. Retired Detective Fritz and Detective Rose were in so close of a
proximity that there was no way for the Complainant did not to hear them. Retired Detective Fritz went on to explain that the Complainant had balled up his fists while holding up a screwdriver, getting in an aggressive defensive stance.
Retired Detective Fritz goes on to explain that he had never been issued a body
camera or any type of recording device. Retired Detective Fritz did not have any time to conduct any type of surveillance on the Complainant. Retired Detective Fritz and Detective Rose were the first to arrive and saw a subject matching the Complainant’s, immediately making contact. The Orange County District Attorney’s office did not advise their office of the Complainant’s medical history.
As Detective Rose was applying a carotid restraint, Retired Detective Fritz maintained control of the Complainant’s legs with the intention of subduing the Complainant as easily as possible while still maintaining control of the Complainant. The force stopped when the Complainant’s body went limp and he was handcuffed. Medical assistance was provided due to our policy after the carotid restraint had
been used.
Retired Detective Fritz was no longer present during the search but believed Orange County District Attorney’s office conducted the probation search and Long Beach Police Narcotics responded due to their team locating a clandestine lab.
22. On March 26, 2019, at 1411 hours, Sergeant Flores and Sergeant Fernandez
interviewed Detective Rose, who was an accused officer, in the Internal Affairs office. Detective Rose was read the accused admonition and chose to be
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represented by Jim Trott. Sergeant Flores read Detective Rose his Miranda Rights which he did not wave. Sergeant Flores compelled Detective Rose to provide a statement.
Prior to the interview Detective Rose was provided his police report, the call,
photographs of the scene, and the email the Complainant sent to Chief Luna.
On September 7, 2017, Detective Rose was assigned to the Criminal Intelligence Section (CIS) and responded to The Orange County District Attorney’s office requested assistance from CIS to locate and possibly arrest the Complainant for an outstanding warrant. CIS had also been advised the
Complainant was the named suspect of a crime report, where Orange County
District Attorney and another prosecutor had been threatened. Orange County District Attorney’s office was the lead agency conducting the investigation. Per Detective Rose he was in a plain clothes capacity, exposing his Long Beach Police Department badge, wearing a thigh gun holster, and telling the Complainant he was
a police officer. Upon contacting the Complainant there was a generator running with
a low hum, not loud enough to drown out any commands given to the Complainant or hearing anything said by the Complainant. Upon seeing Detective Rose and Retired Detective Fritz, the Complainant took a step back taking a fighting stance saying he was the new Chief Justice and they did not have any jurisdiction over him.
Detective Rose described the Complainant’s demeanor as animated and
aggressive. Sergeant Flores asked Detective Rose to describe what he meant by aggressive. Per Detective Rose, the Complainant recognized them as police officers, backed two steps from his driver side door while holding a screwdriver, and began to yell derogatory names towards him. The Complainant’s actions made him
feel uncomfortable, making him believe the Complainant could lunge at him. Detective Rose kept a garbage can between him and the Complainant to prevent any attack.
Detective Rose had previous knowledge of the Complainant. The Complainant had sent an email to the police department and Detective Rose had been asked to
assess the threat level to Chief Luna. Per Detective Rose the email led him to believe the Complainant had sovereign citizen ideology. The email went on to explain that the Complainant was a former Police Explorer, which led him to believe that the Complainant may have knowledge of police tactics.
When Detective Rose first saw the Complainant, he was working on his vehicle.
When the Complainant stood up to speak to another individual, and that was when Detective Rose made the ID. Per Detective Rose, this was the first time ever contacting the Complainant. Detective Rose went on to explain that he had never been issued a body camera or any other type of recording device by the department.
Per Detective Rose, he was not aware of any of the Complainant’s medical
conditions. Detective Rose had never conducted any surveillance related to the Complainant or driven by the Complainant’s home.
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Detective Rose attempted to take the Complainant into custody by attempting to place him in a rear-wristlock. Detective Rose described the Complainant’s actions as the Complainant balling his left hand into a fist, pulling it across his chest, and pulled away from Detective Rose. Detective Rose applied a carotid restraint and felt it was
the best option because he did not want to let go of him and allow him access to any
potential weapons. Per Detective Rose went on to explain that the Complainant was bigger, younger, and that the carotid restraint was the best effective option. The force stopped when the Complainant was rendered unconscious as the Complainant was being guided to a seated position, the Complainant regained conscious and
began to kick at them. The Complainant ended up rolling onto his side as if he was
in a fetal position, eventually handcuffing him. Detective Rose sat him up and began to speak to him to make sure he was talking and breathing. Long Beach Fire paramedics arrived and transported the Complainant to a local hospital to be treated, which is policy after a carotid restraint is applied.
Detective Rose denied targeting the Complainant and did not know of anyone
targeting the Complainant. Detective Rose went on to deny fabricating any charges against the Complainant or knowing anyone who fabricated charges against the Complainant. Detective Rose did not see Detective Fritz stand on the Complainant’s foot. Per Detective Rose, Detective Fritz used his hands to hold the Complainant’s
feet down because he was still kicking at them.
The Complainant had not been searched and could easily conceal weapons. Detective Rose had received formal training regarding sovereign citizens and due to Detective Rose training and experience sovereign citizens are known to be violent. Per Detective Rose if the Complainant broke free from him, he would have access to
numerous tools which were close by. By being in plain clothes Detective Rose did not have any intermediate tools and per policy he is not required to wear them. While they were struggling with the Complainant on the ground, Detective Fritz asked a citizen to call for help.
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