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139999996 Case File_Redacted
Laserfiche Document Pre-Scan Sheet Place this document on top of your scan package 139999996 \Homicide\Reports\OIS Reports\2013\ 139999996 05/10/2013 01S -Non Hit --ake Center Drive Lake Forest Mares, Lawrence Pirooz, Joe P Ot·ir,t~.d 'o· v t ~ t ij ,,✓, ' yf (L8~~n~i.it:to ·t.1t2i2:01·~j B:2l~:4:> Nv1 Long Beach Police Department Scanned Case File The attached case file DR#139999996 has been scanned into Laserfiche on 1--;;:i 7--I ~ (Date) by VQ/roVHCOI C, n~aYtif1~<b: (Name and DID) The case file which includes all paper documents has been digitized and placed into the departments document imaging system. In addition, the below listed items have been digitized and placed into the departments digital evidence management system. The original case file will be stored off site through the departments storage contractor. □ Floppy Disks: □ VHSTapes: D Audio Cassettes: D Zip Drive Disks: D Photographs: Other items or case notes: Date: To: From: Subject: City of Long Beach Worll:ing Together to Serve January 28, 2016 Robert G. Luna, Chief of Police Lloyd Cox, Lieutenant, Gang and Violent Crimes Division CASE CLOSURE -ois 13-010 Memorandum Officer Involved Shooting Review Board #2013-010 involving Officers Joe P Pirooz, which occurred on May 1 0, 201 3 was reviewed. The recommendations of the Board and the Tactical Operations Committee were presented to Chief of Police Jim McDonnell on April 2, 2014, August 6, 2014 and August 14, 2014. Chief McDonnell determined the actions of the involved officers were as follows: Joe P Pirooz Intentional, In-Policy An audit of the case revealed that all requested actions have been completed and documentation provided. I formally request approval to close and file the case Approved: -+-R __ . ______ f_.,___,~'--"'------------Date: _"2.._•_'2.._·_\_(o __ Robert G. Luna, Chief of Police Date: To: From: Subject: City of Long Beach Working Together to Serve August 7, 2015 David Hendricks, Shooting Review Board Lloyd Cox, Lieutenant, Gang and Violent Crimes Division SHOOTING REVIEW BOARD RE SUL TS -015 13-010 Memorandum Officer Involved Shooting Review Board #13-010 and the Tactical Operations Committee convened to review the shooting incident involving Officer Joe Pirooz which occurred on May 10, 2014. The recommendations of the Board and the Tactical Operations Committee were presented to Chief of Police Jim McDonnell on April 2, 2014, August 6, 2014, and August 14, 2014. Chief McDonnell determined the actions of the involved officer were INTENTIONAL, IN POLICY. In addition to the original TOC recommendation projects that were issued on April 2, 2014, and the post Board projects issued on August 14, 2014, Chief Robert G. Luna requested the following additional projects: PROJECT ASSIGNMENT-COMMUNICATIONS AND TRAINING DIVISION • Initiate revisions to existing department policy regarding shooting at moving vehicles. Utilize committee of subject matters experts as recommended in memo from Sergeant Ryan LeBaron to Lieutenant Lloyd Cox dated May 26, 2015. File a memorandum to Lieutenant Lloyd Cox documenting that the revision process has been initiated. LC:lc Date: To: From: Subject: City of Long Beach Working Together to Serve December 15, 2015 Lloyd Cox, Lieutenant, Homicide Ryan LeBaron, Sergeant, Advanced Officer Training OIS 13-010 -PROJECT ASSIGNMENT 20150147INV Memorandum On November 25, 2015, the Training Division submitted a revised draft of the Shooting Policy to the City Attorney for review. This draft was the product of a committee of subject matter experts meeting over a period of approximately 8 weeks and making changes to the existing policy. Among other aspects of the policy, attention was given to the issue of shooting at moving vehicles. The members of the committee included the following individuals: Lieutenants Rosenthal, Cox, Berkenkamp, Sergeants Razo, LeBaron, Officer Stilinovich, and a representative from the POA (either Officer Keller or Officer Hubbard). If further information is desired regarding this debrief, feel free to contact Sergeant LeBaron at extension 8-5965. RL:rl O1S 13-01 0. Shooting PolicyRevision. doc DRAFT 7.1.4 USE OF FIREARMS-SHOOTING POLICY The policy of this Department governing the display and discharge of firearms affirms that officers have the duty to use firearms whenever necessary to protect their lives or the lives of others. This policy does not address every situation that may arise. It i shall be the responsibility of the individual officer to use firearms only when reasonably necessary and justified under the circumstances. The individual officer shall, to the extent practical, take reasonable care so as not to jeopardize the safety of members of the public. 7.1.4.1 FIREARMS DISCHARGE Firearms shall be used by an officer only in the absence of reasonable alternatives during one or more of the following compelling circumstances: A) Immediate threat 1. In self-defense or defense of another when the officer reasonably believes there is an immediate threat to life or of serious bodily injury. B) Substantial risk 1. To effect an arrest by a peace officer or prevent the escape of an actual or suspected felon when the peace officer has reasonable cause to believe that: a) The crime for which the arrest is sought involved the use, or threatened use, of deadly force or the infliction of serious bodily injury; and b) There is substa ntia I risk that the person whose arrest is sought will cause death or serious bodily injury if apprehension is delayed. C) Cover fire 7.1.4.2 1 . Cover fire is a tactic of delivering controlled gun fire, directed at a specific area, where a suspect may not be directly exposed, but from where he or she poses an immediate deadly threat to officers or others. a) The purpose of this tactic is to prevent a suspect from engaging in deadly assault on officers or citizens while officers perform an officer or citizen rescue, or while moving a team from one position to a more tactically advantageous position. b) This tactic shall only be employed in situations where, if the suspect were to be exposed, deadly force would be legally justified. USE OF FIREARMS-AT MOVING VEHICLES Officers sh all consider the risk that an uncontrolled vehicle might create if the driver becomes incapacitated by a firearm discharge. The potential harm to others in the path of an uncontrolled vehicle may outweigh the need to immediately apprehend the suspect. DRAFT Officers should only discharge a firearm at an occupant(s) of a moving vehicle when the actions of an occupant(s), independent from the use of the vehicle, justify the use of deadly force. In incidents where the vehicle is the weapon that justifies the shooting, the incident will be reviewed as to whether the officer's life or the lives of others were in immediate danger and there was no reasonable alternative. The review includes, but is not limited to, the following: 1) Officers should not knowingly place themselves in the path of a moving vehicle, except in traffic enforcement situations; 2) When feasible, officers should attempt to move out of the path of a moving vehicle; 3) The discharge of a firearm at the driver of a moving vehicle may create an uncontrolled vehicle; 4) Other occupants in the vehicle that could be innocent victims; and 5) Shooting through glass or metal can deviate the trajectory of a bullet and cause an officer to miss his or her intended target. 7.1.4.3 USE OF FIREARMS-EUTHANASIA OF AN ANIMAL To terminate unnecessary needless suffering of a critically injured animal when death is impending, an officer may use a firearm to dispatch that animal only when the following criteria are met: 1) Animal Control is unavailable or unable to respond in a timely manner; 2) The animal's owner has given written consent; and 3) A fie!d supervisor has given approval. a) In an extreme situation, a field supervisor at the scene may approve dispatching a critically injured animal, when death is impending, in the owner's absence. b) An officer should avoid shooting animals in the head, as rabies testing requires intact brain tissue. 4) An officer dispatching a critically injured animal must take all precautions to ensure the dispatch is conducted 1n the safest manner possible and to avoid any threat of injury to persons or property. ix:~~·:">~:·:,~-\ :~'t,,if) Date: To: From: Subject: City of Long Beach Working Together to Serve August 14, 2014 Jim McDonnell, Chief of Police Lloyd Cox, Lieutenant, Gang and Violent Crimes Division SHOOTING REVIEW BOARD RESULTS -OIS 13-010 Memorandum Officer Involved Shooting Review Board # 13-010 and the Tactical Operations Committee convened to review the shooting incident involving Detective Joe Pirooz, which occurred on May 10, 2013. The recommendations of the Board and the Tactical Operations Committee were presented to Chief of Police Jim McDonnell on April 2, 2014. Chief McDonnell requested the case be referred to Internal Affairs for additional investigation. On August 6, 2014, an overview of the facts of this case and the results of the Internal Affairs interview were presented to Chief Jim McDonnell. After considering all of the facts, Chief McDonnell requested the overview and the interview be presented to the Executive Team. On August 14, 2014, Internal Affairs Commander Robert Smith and Homicide Supervisors Lieutenant Lloyd Cox, Sergeant Erik Herzog and Sergeant Robert Woods presented an overview of the case along with the results of the Internal Affairs Interview to the following members of the Executive Team: Chief Jim McDonnell, Deputy Chief Robert Luna, Deputy Chief David Hendricks, Deputy Chief Laura Farinella, Commander Donald Wood, Commander Lisa Lopez, and Executive Assistant Julie Bedard After discussing the critical points of the incident Chief McDonnell determined the shooting to be INTENTIONAL/ IN POLICY. The meeting concluded with recommendations for retraining and policy review. With approval these recommendations will be projected out through the Investigations Bureau. The decision was made to not go forward with a formal Internal Affairs Investigation and instead provide training. Date: To: From: Subject: City of Long Beach Working Together to Serve August14,2014 David Hendricks, Shooting Review Board Lloyd Cox, Lieutenant, Gang and Violent Crimes Division SHOOTING REVIEW BOARD RESULTS -OIS 13-010 Memorandum Officer Involved Shooting Review Board #13-010 and the Tactical Operations Committee convened to review the shooting incident involving Officer Joe Pirooz which occurred on May 10, 2014. The recommendations of the Board and the Tactical Operations Committee were presented to Chief of Police Jim McDonnell on April 2, 2014, August 6, 2014, and August 14, 2014. Chief McDonnell determined the actions of the involved officer were INTENTIONAL, IN POLICY. In addition to the original TOC recommendation projects there were issued on April 2, 2014, the Chief requested the following additional projects. PROJECT ASSIGNMENT-INVESTIGATIONS-GVC DIVISION • Prepare a memorandum documenting Officer Plrooz has been notified of the Board results and that the incident has been reviewed with him. PROJECT ASSIGNMENT -COMMUNICATIONS AND TRAINING DIVISION • Training to meet with Officer Pirooz and debrief the incident, specifically ensure the following topics are reviewed: o Planning arrests with outside agencies and having contingency plans o Substantial risk o Shooting when there is an innocent persons in close proximity to the target o Using lethal force against the driver of a moving vehicle and the ramifications that can occur if you disable the driver and there is no control of the vehicle • Conduct additional department wide training through AOTC on substantial risk, including additional scenarios, as well as training on using lethal force against the driver of a moving vehicle and the ramifications that can occur if you disable the driver and there is no control of the vehicle • Conduct a review of existing department policy on shooting at moving vehicles. Specifically look at LAPD policy and revisions that have made in recent years to improve the policy; in addition review other agency policies in the region and make recommendations for change to our shooting policy File a memorandum to Lieutenant Cox documenting that each of these projects has been completed. • Date: To: From: Subject: • Printed by City of Long Beach Working Together to Serve May 26, 2015 Lloyd Cox, Lieutenant, Homicide Ryan LeBaron, Sergeant, Communications & Training Division SHOOTING REVIEW BOARD 13-010 Memorandum On April 8, 2015, Officer J. Pirooz reported to the Long Beach Police Academy for training and to debrief OIS 13-010. This debrief and training session was conducted by Officers Fajardo and Gell of the AOTC staff. For a detailed description of what was addressed during this training, please refer to the attached training memorandum and outline. The original date of OIS 13-010 was May 10, 2013. Since that date, the AOTC staff has conducted extensive department wide training related to substantial risk. The following is a list of classes related to substantial risk that the AOTC staff has taught since May 2013: • Reassessing During Deadly Force Encounters (scenario included) -2nd Trimester 2014 • Substantial risk Simmunition scenario -3rd Trimester 2014 • Substantial Risk class (two scenarios included) -1st Trimester 2015 During the 3rd Trimester of 2015, the AOTC staff is scheduled to teach a Driver Training refresher course. As part of the lecture for this course, the AOTC staff will discuss the risks associated with using lethal force against the driver of a moving vehicle. A thorough review of current policies from nearby police departments, including a review of past policy from LAPD specifically, was conducted. For further regarding the findings of this research, see the attached Excel spreadsheet. After reviewing this information, it is the opinion of the Communications & Training Division that current LBPD policy related to shooting at moving vehicles should be modified. The LBPD policy is poorly worded and is ambiguous as to its meaning. More clarity should be provided to department personnel regarding the expectation of management and the duty of officers to use or not use deadly force on the operator of a motor vehicle. It is recommended that a committee of subject matter experts be formed to begin the policy revision process. If further information is desired regarding any portion of this memorandum related to 01S 13-010, please contact Sergeant LeBaron at extension 8-5965. RL:rl SRB 13-010 Projects CLB\ercusto 11/2/2019 8:28:47 AM • • • City of Long Beach Memorandum Working Together to Serve Date: April 08, 2015 To: Ryan LeBaron, Sergeant, Advance Officer Training, Academy From: Juan Fajardo, Police Officer, Advance Officer Training, Academy Subject: TRAINING: OFFICER JOE PIROOZ Per Chief of Police Jim McDonnell, the following was accomplished: I, Officer Juan Fajardo and Officer Mark Gell met with Officer Joe Pirooz on April 8, 2015 at the Long Beach Police Academy and debriefed incident OIS 13-010. We debriefed and discussed the following topics: 1. Complete debrief of incident (powerpoint presentation) a. Step by step explanation by Officer Pirooz 2. Planning arrests with outside agencies a. Prior practices with U.S. Marshall Task Force b. Current practices and changes since incident c. LBPD policy and application to task force operations 3. LBPD Shooting policy a. Substantial risk 4. Shooting when there is innocent persons in close proximity to the target a. Officer Pirooz's account of circumstances leading to decision to shoot suspect while passenger seated in passenger seat b. Target acquisition c. Assessment of round placement (done during OIS by Officer Pirooz) 5. Using lethal force against the driver of a moving vehicle a. Policy considerations b. Safety considerations i. Driver incapacitation ii. Public safety vs. suspect apprehension Officer Pirooz attended AOTC on April 3, where substantial risk, as it applies to the LBPD shooting policy, was discussed in detail. If you have any questions, please contact me at extension 5912, or Officer Mark Gell at extension 5914 . Printed by CLB\ercusto 11/2/2019 8:28:48 AM ~on PD, Ar,t PD, 0 Pa~dena PD Alto Santa Barbara (Lex) Fresno PD (Lex) Garden Grove P[!i S~I Beacti PD (all PD '.: ~Lexipol) • >hO~~.'"«P at moving vehs Shall not shoot at I Shooting at moving Does not neff@tiD. only discharge any fleeing veh vehs is rarely effective address 1t m@i~eh or occupants and hazardous to moving vehs. whert),oct>ther reasonable innocent persons and nea~ available to avert the officers. hreal:of the veh or if deadly ·orce other than the veh is Jsed :.xception if officers are Compelling Circumstances may :onfronted with deadly force circumstances of a justify shooting at a lther than veh serious major felony. moving veh. Officers should move out of Avoid maneuvering into the path of approaching veh the path of a moving instead of discharging a veh and should move ~rearm. out of the path of a moving veh rather than attempt to fire Shots fired from moving Shooting from moving vehs are rarely effective. vehs is rarely effective. should not try to disable by shooting 0 , r OJ .LASO 0 1i, r ""CJ LBPD Policy LAPD Policy Current LAPD Policy 2005 San Jose PD Riverside PD c::: if> 0 ::::!. :::::: ::] ~CD Shall not be Shall not be Shall not be Use is inherently Generally ineffective; l:ienerally, should not ~ a. discharged at moving discharged at a discharged at a moving dangerous and ineffective Explains potential harm discharge firearm at (0 vehs or through a moving veh unless sus veh unless a sus in the to others may outweigh moving veh P? 0- Sh~t ng ata veh's window unless in veh is immediately veh is immediately the need to immediately -I>-circumstances clearly threatening officer or threatening the-officer apprehend the suspect 'f>Vlng vehicle warrant as a final another with deadly or another with deadly defense. force other than the force other than the veh. veh. Moving veh itself does Moving veh shall not assaultive motor veh shall extraordinary in defense of self,others, not presumptively presumptively not presumptively justify circumstances where reasonable prevent sus constitute a threat that-constitute a threat that deadly force; veh poses escape is likely to escape if poses threat GBI justifies deadly force. justifies deadly force. immediate threat of death cause death or to officers or others. Lethal or serious injury; no gbi.officer cannot move force may be used to Excep1ions reasonable alternative to a safe place, no other prevent escape if serious course of action to prevent viable option, defense crime involving infliction of death or serious injury of life of officer or serious physical harm, another. (give warning if possible) Officers will move out Officer threatened by Officer shall move out of Officers shall not of the path of an an oncoming veh shall path instead of discharging knowingly place oncoming veh instead move out of it path firearm, allow veh to pass themselves in the path of discharging a instead of discharging or use other tactic to of a moving veh ( except Move off path firearm a firearm. apprehend. Shall not traffic enforcement of vehicle position in front of or situations). Officers behind driver occupied should move out of path stationary veh to cover. Shall not discharge shall not discharge Shall not discharge Generally, should not Shooting from through window from a moving veh from moving veh discharge firearm from a unless circumstances except exigent circum. except exigent circum. moving veh. moving clearly warrant as a and immediate and immediate vehicle final defense. defense of life defense of life must use intelligence must use intelligence and sound judgment and exercise sound Judgement while attending to the judgement while spirit of the policy attending to the spirit of the policy. Disabling moving vehicle • Date: To: From: Subject: • Printed by City of Long Beach Working Together to Serve February 12, 2015 David Hendricks, Deputy Chief, Investigations Bureau Don Wood, Commander, Gang & Violent Crimes Division SHOOTING REVIEW BOARD RESULTS -OIS 13-010 Memorandum Officer Involved Shooting Review Board #13-010 and the Tactical Operations Committee convened to review the shooting incident involving Detective Joe Pirooz, which occurred on May 10, 2013. The recommendations of the Board and the Tactical Operations Committee were presented to Chief of Police Jim McDo nnell on April 2, 2014, August 6, 2014 and August 14, 2014. Chief McDonnell determined the actions of the involved officer were INTENTIONAL, IN POLICY. On February 12, 2015 I notified Detective Joe Pirooz of the Board results, and reviewed the incident with him . DW:dw ois pirooz CLB\ercuslo 11/2/2019 8:28:50 AM Date: To: From: Subject: • Printed by City of Long Beach Working Together to Serve April 2, 2014 David Hendricks, Shooting Review Board Lloyd Cox, Lieutenant, Gang and Violent Crimes Division SHOOTING REVIEW BOARD RESULTS -OIS 13-010 Memorandum Officer Involved Shooting Review Board #13-010 and the Tactical Operations Committee convened to review the shooting incident involving Detective Joe Pirooz, which occurred on May 10, 2014. The re commendations of the Board and the Tactical Operations Committee were presented to Chief of Police Jim McDonnell on April 2, 2014. Chief McDonnell requested the case be referred to Internal Affairs for additional investigation. Additionally the Chief approved the TOC recommendations and requested they be projected to Support and Investigations for completion. PROJECT ASSIGNMENT -INVESTIGATIONS BUREAU • Create training protocols for specialized undercover details, specifically interagency planning or arrests and vehicle takedown operations PROJECT ASSIGNMENT -INVESTIGATIONS BUREAU -HOMICIDE • Investigate possibility of having Long Beach Police Officers file their own reports, if viable, during officer involved shootings in outside jurisdictions. PROJECT ASSIGNMENT -CHIEF OF POLICE -INTERNAL AFFAIRS • Initiate investigation / review of the incident. LC:EDH:edh CLB\ercusto 11/2/2019 8:28:51 AM ,,.. Date: To: From: Subject: • Printed by City of Long Beach Working Together to Serve July 18, 2014 Jim McDonnell, Chief of Police David Hendricks, Deputy Chief, Investigation Bureau Training Protocol 015 13-010 Memorandum As a result of Officer Involved Shooting Review Board 13-010 it was determined that a training program for outside agency operations involving arrests and/or vehicle takedowns should be sought out to provide specialized undercover detectives with this necessary training. Currently there are no training classes pertaining to vehicle takedowns that are offered statewide. It was discovered that most law enforcement agencies develop their own training for vehicle takedowns and that training is dependent upon each individual agencies needs. The Long Beach Police Department's Career Criminal Apprehension Team has a vast amount of experience and knowledge with regards to vehicle takedowns and two of their detectives are also former SWAT members with many years of experience and training in the area of high-risk vehicle takedowns and arrests . CCAT detectives have created a training program that would ass_ist all current and future undercover detectives with executing vehicle takedowns. This training will be provided to all current undercover detectives within 6 months of department approval and will be part of the initial training for all future detectives. The training will also address communications, use of undercover vehicles, the use of black and white patrol vehicles during vehicle takedowns and supervisory responsibilities during outside agency operations. OW: DH:dh O1S1 3-010 CLB\ercusto 11/2/2019 8:28:51 AM C] VJ i::: ~ 0 Q 1) V Crj E-, • . 1) -() ....... ...0 1) > B .. Goals Types Equipment Mind Set Terminology Scenarios • .. Recent events (OIS) U.S. Marshalls Tasl( Force • Future events/operations department wide Daryle Black/ Yap investigations Multi-agency operations .. Vehicles Pedestrians (Trojan Horse) Bicycles .. Brief with other Agencies Identify the task needed or goals Identify who will mal<.e the calls when things change ( case agent or Supervisor) • .. Co1n1nunication (1nL1st have com1non radio channel or liaison) UC Vehicles-identify all that are there at the briefing and the ones that are not • UC or Plain Clothes Officers-identify all that are going to be used Unifor1ned-have a plan, if or when they will be used. Who will 1nak:e that happen. .. Front Blocl<. or Point Rear Block Side Block (Suspect's location) Side Block Back up (fills holes) .. Weapons Vests Lighting Diversions (Chem-lights aka:glow-sticl<s, Flash bangs ''only if approved or certified'' --ro co ,....., [f} C E . -ro ·-0... VJ B • Date: To: From: Subject: • Printed by City of Long Beach Working Together to SeNe April 19, 2014 David Hendricks, Chairman, Shooting Review Board Lloyd Cox, Lieutenant, Gang and Violent Crimes Division OIS PROJECT 13-010 Memorandum During Chief McDonnell's review of this case, which was investigated by the Orange County Sheriff's Department, he requested that Homicide research the possibility of having LBPD employees file their own reports, instead of being interviewed by the outside agency when an OIS occurs outside our jurisdiction and LBPD is not the primary investigative agency. A new section to our policy, which is in the final looping process, has been added to address this issue. If you have any questions, please contact me . LC:lc OIS Project 13-010 CLB\ercusto 11/2/2019 8:28:58 AM • City of Long Beach Memorandum Working Together to Serve Date: July 11, 2014 To: Dave Hendricks, Deputy Chief, Investigations Bureau From: Robert Smith, Commander, Internal Affairs Division Subject: PROJECT ASSIGNMENT-SHOOTING REVIEW BOARD RESUTS -OIS 13-010 Officer Involved Shooting Review Board #13-010 and the Tactical Operations Committee convened to review the above captioned incident. After Committee review, Chief of Police Jim McDonnell requested the incident be referred to Internal Affairs Division for additional review [PROJECT ASSIGNMENT 20140138]. In response to Project Assignment [20140138], an Internal Affairs investigation was initiated, case number ADM2014-0015 was assigned for investigation . If you have any questions, please contact me, or my Administrative Lieutenant, Rich Conant, at extension 87343 RS:rc:rc PROJECT ASSIGNMENT -SHOOTING REVIEW BOARD RESUTS -OIS 13-010 Printed by CLB\ercusto 11/2/2019 8:28:59 AM Date: To: From: Subject: Printed by City of Long Beach Working Together to Serve March 31, 2014 Dave Hendricks, Deputy Chief, Investigations Bureau Kristofer Klein, Acting Commander, Field Support Bureau TACTICAL OPERATIONS COMMITTEE MEETING -OIS #13-010 Memorandum On March 27, 2014, the Tactical Operations Committee (TOC) convened in the Chiefs Conference Room at 400 W. Broadway. The purpose of the meeting was to review tactical procedures related to ICD #13-010. TOC Committee Members in attendance: TOC Chair -Lieutenant Kristofer Klein GVC Division -Commander Don Wood Training Division -Sergeant Ryan Lebarron Field Support Division -Sergeant Robert Razo Patrol Division -Officer's Klinton Keller Communications -Supervisor Melina Runnels Presenters: Lieutenant Lloyd Cox, Crimes Against Person's Section Sergeant Eric Herzog, Homicide Detail The issue(s) discussed were: • The lack of contingency planning by officers on the arrest • The issue of LBPD officers not filing their own report on incident Recommendations: • Project to Training Division to meet with Officer Pirooz to train on planning arrests with outside agencies and having contingency plans • Project to Investigation Bureau to investigate the possibility of having Long Beach Police officers file their own reports, if viable, during officer involved shootings in outside jurisdictions • Project to Investigation Bureau to create training protocols for specialized undercover details, specifically interagency planning of arrests and vehicle takedown operations Should you have any questions, or concerns, please contact me at extension 87292. KK/kk TOC/OIS 13-010 CLB\ercusto 11/2/2019 8:29:00 AM LONG BEACH POLICE DEPARTMENT OFFICER INVOLVED SHOOTING REVIEW BOARD BOARD NUMBER: 13-010 BOARD CONVENES: March 27, 2014 DR NUMBER: OCSD # 13-087192 OFFICER INVOLVED: CURRENT ASSIGNMENT: DATE OF HIRE: Detective Joe Pirooz # 5712 US Marshall Task Force November 10, 1997 DATE AND TIME OF OCCURRENCE: May 10, 2013 @ 1628 Hours LOCATION OF OCCURRENCE: LIGHTING CONDITION: Day SUPERVISORS ON SCENE: INVESTIGATORS ON SCENE: ake Center Drive, Lake Forest CA WEATHER: Clear ARTIFICIAL LIGHTING: N/A Lieutenant Lloyd Cox / Sergeant Erik Herzog OCSD handled investigation CRIMES INVOLVED: Attempted Murder SUSPECTS' NAMES: Lawrence Mares SUSPECT INJURED: □ y 1:81 N DESCRIBE: SUSPECT ARMED: □ Y l:8J N TYPE OF WEAPON: HOW MANY ROUNDS FIRED BY SUSPECT: N/A OFFICER'S WEAPON: BRAND: Para Ord CALIBER: MODEL: 14.45 LDA SERIAL NO.: BALLISTICS RESULTS: lZJ y □ N DATE LAST QUALIFIED: February 22, 2013 VOTING MEMBERS 1. CHAIRMAN: Robert G. Luna 2. DEPUTY CHIEF: David Hendricks (Of Involved Employee) 3. CHIEF OF STAFF: Lisa Lopez 4. TRAINING OFFICER Rvan Lebaron 5. PEER OFFICER: David Urbina NON-VOTING BOARD MEMBERS 1. INVESTIGATORS: 2. POA OFFICER: 3. COMMANDER (Of Involved Employee) 4. TOC COMMITTEE 5. I.A. REPRESENTATIVE: Print~ b~s SUPERVISOR: CLB\ercusto 11/2/2019 8:29:00 Ml Erik Herzog Steve James Donald Wood )(c.~ ),(~s:.-1 .Uic;~ael BeekMoA Robert Smith Llovd Cox BOARD NO.: 13-010 OFFICER INVOLVED: Joe Pirooz #5712 Department Manuel Section 8.1-10: • With regard to the shot(s) fired, the Board shall make one of the following findings: I. IN / OUT OF POLICY ~ INTENTIONAL, IN POLICY □ ACCIDENTAL, IN POLICY 0 INTENTIONAL, OUT OF POLICY □ ACCIDENTAL, OUT OF POLICY A. Review the Incident Up to and After the Time of the Shooting. • Were the involved officer's actions within Department Policy, Procedure or Training guidelines? ~ 0 NO (Recommendations Below) • Were there any Departmental Policy, Procedure or Training issues that require modification? D YES (Recommendations Below) II. RECOMMENDED ACTION -OFFICER INVOLVED: k NO RECOMMENDATION 0 RE-TRAINING • 0 ADMINISTRATIVE REVIEW □ OTHER Ill. RECOMMENDED ACTION -DEPARTMENT: X NO RECOMMENDATION □ □ □ DEPARTMENT TRAINING POLICY REVIEW OTHER • NOTIFICATION TO THE OFFICER OF THE BOARD RECOMMENDATIONS AND REVIEW OF THE INCIDENT WILL BE CONDUCTED BY THE INVOLVED OFFICER'S COMMANDING OFFICER. VOTING BOARD MEMBER (Print Name) (Signature) Printed by CLB\ercusto 11/2/2019 8:29:01 AM • BOARD NO.: 13-010 OFFICER INVOLVED: Joe Pirooz #5712 Department Manuel Section 8.1-10: • With regard to the shot(s) fired, the Board shall make one of the following findings: I. IN / OUT OF POLICY 'S4-INTENTIONAL, IN POLICY □ ACCIDENTAL, IN POLICY 0 INTENTIONAL, OUT OF POLICY □ ACCIDENTAL, OUT OF POLICY A. Review the Incident Up to and After the Time of the Shooting. • Were the involved officer's actions within Department Policy, Procedure or Training guidelines? ~ YES D NO (Recommendations Below) • Were there any Departmental Policy, Procedure or Training issues that require modification? 0 YES (Recommendations Below) ~NO II. RECOMMENDED ACTION -OFFICER INVOLVED: ~ □ □ □ NO RECOMMENDATION RE-TRAINING ADMINISTRATIVE REVIEW OTHER Ill. ~MENDED ACTION -DEPARTMENT: NO RECOMMENDATION 0 DEPARTMENT TRAINING 0 POLICY REVIEW □ OTHER • NOTIFICATION TO THE OFFICER OF THE BOARD RECOMMENDATIONS AND REVIEW OFT. BE CONDUCTED BY THE INVOLVED OFFICER'S COMMANDING OFFICER. VOTING BOARD MEMBER Printed by CLB\ercusto 11/2/2019 8:29:02 AM ENT WILL • BOARD NO.: 13-010 OFFICER INVOLVED: Joe Pirooz #5712 Department Manuel Section 8.1-10: □ • With regard to the shot(s) fired, the Board shall make one of the following findings: I. IN / OUT OF POLICY INTENTIONAL, IN POLICY □ ACCIDENTAL, IN POLICY INTENTIONAL, OUT OF POLICY □ ACCIDENTAL, OUT OF POLICY A. Review the Incident Up to and After the Time of the Shooting. • Were the involved officer's actions within Department Policy, Procedure or Training guidelines? jK YES D NO (Recommendations Below) • Were there any Departmental Policy, Procedure or Training issues that require modification? D YES (Recommendations Below) .8f NO II. RECOMMENDED ACTION-OFFICER INVOLVED: 1)( □ □ □ NO RECOMMENDATION RE-TRAINING ADMINISTRATIVE REVIEW OTHER Ill. RECOMMENDED ACTION -DEPARTMENT: % □ □ □ NO RECOMMENDATION DEPARTMENT TRAINING POLICY REVIEW OTHER • NOTIFICATION TO THE OFFICER OF THE BOARD RECOMMENDATIONS AND REVIEW OF THE INCIDENT WILL BE CONDUCTED BY THE INVOLVED OFFICER'S COMMANDING OFFICER. VOTING BOARD MEMBER (Print Name) Printed by CLB\ercusto 11/2/2019 8:29:03 AM • • BOARD NO.: 13-010 OFFICER INVOLVED: Joe Pirooz #5712 Department Manuel Section 8.1-10: ~ □ • With regard to the shot(s) fired, the Board shall make one of the following findings: I. IN / OUT OF POLICY INTENTIONAL, IN POLICY □ ACCIDENTAL, IN POLICY INTENTIONAL, OUT OF POLICY □ ACCIDENTAL, OUT OF POLICY A. Review the Incident Up to and After the Time of the Shooting. • Were the involved officer's actions within Department Policy, Procedure or Training guidelines? i YES O NO {Recommendations Below) • Were there any Departmental Policy, Procedure or Training issues that require modification? D YES {Recommendations Below) ~ NO II. RECOMMENDED ACTION -OFFICER INVOLVED: ~ □ □ □ NO RECOMMENDATION RE-TRAINING ADMINISTRATIVE REVIEW OTHER Ill. RECOMMENDED ACTION -DEPARTMENT: □ □ □ NO RECOMMENDATION DEPARTMENT TRAINING POLICY REVIEW OTHER • NOTIFICATION TO THE OFFICER OF THE BOARD RECOMMENDATIONS AND REVIEW OF THE INCIDENT WILL VOTINGB:::::U~::: THE INVO;~::~~:~;::DING OFFICE£:i-6= ~~~ Printed by CLB\ercuslo 11/2/2019 8:29:03 AM • BOARD NO.: 13-010 OFFICER INVOLVED: Joe Pirooz #5712 Department Manuel Section 8.1-10: i:J □ • With regard to the shot(s) fired, the Board shall make one of the following findings: I. IN / OUT OF POLICY INTENTIONAL, IN POLICY □ ACCIDENTAL, IN POLICY INTENTIONAL, OUT OF POLICY □ ACCIDENTAL, OUT OF POLICY A. Review the Incident Up to and After the Time of the Shooting. • Were the involved officer's actions within Department Policy, Procedure or Training guidelines? ~ YES D NO (Recommendations Below) • Were there any Departmental Policy, Procedure or Training Issues that require modification? D YES (Recommendations Below) 11. RECOMMENDED ACTION -OFFICER INVOLVED: N' □ □ □ NO RECOMMENDATION RE-TRAINING ADMINISTRATIVE REVIEW OTHER 111. RECOMMENDED ACTION -DEPARTMENT: ~ □ □ □ NO RECOMMENDATION DEPARTMENT TRAINING POLICY REVIEW OTHER • NOTIFICATION TO THE OFFICER OF THE BOARD RECOMMENDATIONS AND REVIEW OF THE INCIDENT WILL BE CONDUCTED BY THE INVOLVED OFFICER'S COMMANDING OFFICER. VOTING BOARD MEMBER t? ~ • p \)1Z:G!z , ~ (Print Name) Printed by CLB\ercusto 11/2/2019 8:29:04 AM • BOARD NO.: 13-010 OFFICER INVOLVED: Joe Pirooz #5712 BOARD FINDINGS AND RECOMMENDATIONS: The Shooting Review Board determined that with regard to the Officer Involved Shooting: • Intentional / In Polley There was no recommended action regarding Detective Joe Pirooz There was no recommended action for the Department. A review of the incident shall be conducted by Commander Donald Wood DEPUTY CHIEF, INVESTIGATIONS BUREAU OR DESIGNEE (CHAIRPERSON OF THE BOARD): In all cases, a separate determination shall be made by the Deputy Chief of the Investigations Bureau or designee (Chairperson of Board) whether an Internal Affairs review is appropriate. INTERNAL AFFAIRS: 0 YES ROBERT G. LUNA, CHAIRPERSON OF BOARD DATE: CHIEF OF INVOLVED EMPLOYEE DATE: CHIEF OF POLICE: 0 APPROVES RECOMMENDATIONS ~OES NOT APPROVE RECOMMENDATIONS COMMENTS AND/OR ADDITIONAL RECOMMENDATIONS: DATE CLB\ercusto 11/2/2019 8:29:05 AM Officer Involved Shootings In-Custody Death Review Board Attendance Any person who is not part of the voting/non-voting board is required to sign below to indicate their attendance. Board Date: --=, · Z 7 -1 '-{ OIS/ol6D i\oJumber: \ ~ -o \0 Printed Name -Assignment McltMv \\\R~s Lb'('U\\., 6,Jy- • Printed by CLB\ercusto 11/2/2019 8:29:05 AM Date: To: From: Subject: City of Long Beach Working Together to Serve May 15, 2013 David Hendricks, Chairman, Shooting Review Board Lloyd Cox, Lieutenant, Gang and Violent Crimes Division CRITICAL INCIDENT REVIEW -OIS 13-010 Memorandum A critical incident review of facts surrounding the officer involved shooting, which occurred on May 10, 2013, was held. During the review, the circumstances . ______ ,. __________ _,eadiog..up..to.and .followjng the shooting were presented. -At the conclusion of .the.---- Printed by review, Chief of Police Jim McDonnell directed the following tasks be completed. A memo documenting that each project has been completed shall be sent to Lieutenant Cox. PROJECT ASSIGNMENT -INVESTIGATIONS BUREAU • Deputy Chief Hendricks to contact U.S. Marshals Chief Inspector Thomas Hession and discuss Standard Operating Procedures, training, tactics, vehicle stops, etc. Determine if their policies or procedures conflict with ours and work out resolution. • Investigations Bureau to contact all agencies where we have employees on a task force and review Memorandum of Understanding, Policies, Procedures and training to determine if there are any conflicts with our own policies and work out a resolution. LC:LC:lc CLB\ercusto 11/2/2019 8:29:06 AM • City of Long Beach Memorandum Working Together to Se,ve Date: August 6, 2013 To: David Hendricks, Deputy Chief, Investigations Bureau From: Jason Garrido, Sergeant, Investigations Bure~ Subject: OIS 13-010 -PROJECT ASSIGNMENT FOR INVESTIGATIONS BUREAU As a result of an Officer-Involved-Shooting which occurred on May 10, 2013 the Investigations Bureau was tasked with contacting U.S. Marshals Chief Inspector Thomas Hession to discuss standard operating procedures, training and tactics. Additionally, the Bureau was tasked with reviewing memorandums of understanding with agencies with whom we have task force officers assigned, for the purpose of determining if their policies and training conflicted with our policies and training . The purpose of this memorandum is to document completion of those tasks. Toward the end of May 2013 you and Commander Wood met with Tom Hession of the U.S. Marshals Service. During the meeting you discussed training and tactics as well as policies and procedures. You verified the Long Beach Police Department's policies and procedures took precedence and any task force officer assigned to the U.S. Marshals Service would be required to follow them at all times. Chief Inspector Hession discussed methods of training and the lengths they go to ensure what they ask of task force officers does not violate individual departmental policies. At the conclusion of the meeting both you and Commander Wood were confident the agreement between the Long Beach Police Department and the U.S. Marshals Service is adequate and appropriate. Later, I pulled all memorandums of understanding with the various agencies to whom we have assigned task force officers. What I found is that some contain language specifically stating the task force officer is to follow Long Beach Police Department policy at all times, while others fail to address the issue. The U.S. Marshals memorandum of understanding does address the issue. I have recently contact Deputy City Attorney Gary Anderson to learn how to go about amending existing memorandums of understanding to include that language for those that do not have it. The process was explained and I am currently working toward amending those agreeements. When the process is complete I will advise both you and the Chief of Staff, Commander Lopez. DH:dh 0 1S 13-010 PA.doc Printed by CLB\ercusto 11/2/2019 8:29:07 AM • Printed by MOU with Taskforce for Regional Auto theft Prevention (TRAP) • All members of the task force will follow the policies, procedures and guidelines enacted for the program however, should any of those policies, procedures, guidelines, training or tactical guidelines conflict with the parent agency, the individual member will immediately bring the conflict to a supervisor. The member shall abide by the directives of the parent agency until the conflict is resolved. The Project Director shall ensure that the appropriate action is taken to resolve the conflict without delay. • All members or TRAP will be expected to conform to their parent agency's policies, procedures and guidelines as well as any additiona; policies and procedures set forth by TRAP. • All required parent agency training shall be attended and TRAP will schedule additional training consistent with TRAP's stated mission and goals • Use of force incidents shall be reported as required by parent agency guidelines. • In the event of an 01S, investigative and reporting responsibility will be determined following consultation with involved agencies and will be in compliance with all parent agency guidelines. If there is a conflict between parent agency's policies when multiple jurisdictions officers are involve, the District Attorney's rollout team will be notified CLB\ercusto 11/2/2019 8:29:07 AM • MEMORANDUM OF UNDERSTANDING . TASKFORCE FOR REGIONAL AUTOTHEFT PREVENTION • TRAP • Printed by CLB\ercusto 11/2/2019 8:29:08 AM • • MEMORANDUM OF UNDERSTANDING PARTI BACKGROUND, MISSION STATEMENT, AND MANAGEMENT STRUCTURE ARTICLE 1: TASK FORCE ESTABLISHED On July 28, 1992 the Los Angeles County Board of Supervisors implemented by Resolution, Vehicle Code Section 9250.14 {SB 2139) in Los Angeles County, to impose an additional one dollar vehicle registration fee on vehicles registered in the County. The revenue generated is designated for use in the deterrence, investigation, and prosecution of vehicle theft in Los Angeles County. The Sheriff, as Regional Coordinator in this effort, with the Chief Administrative Officer (CAO), in conjunction with the Countywide Criminal Justice Coordination Committee (CCJCC) has developed a consolidated vehicle theft curtailment program to integrate resources against vehicle theft. On October 11, 2009, Assembly Bill 286 was passed and signed into law. This bill extends the provisions of Vehicle Code Section 9250.14 until January 1, 2018 . The undersigned do hereby join together to form a consolidated task force for the purpose of integrating investigative and prosecutorial resources to address the expanding vehicle theft problem in Los Angeles County. This Agreement shall become effective when signed and executed by the Regional Coordinator and the other respective participating member agencies. ARTICLE 2: PROGRAM NAME The name of this Program shall be "Taskforce for Regional Autotheft Prevention" (TRAP). ARTICLE 3: MISSION STATEMENT The mission of the "Taskforce for Regional Autotheft Prevention" (TRAP) is to promote a coordinated effort and encourage maximum cooperation between all law enforcement and prosecutorial agencies in Los Angeles County to deter and reduce the incidents of vehicle theft, to increase the recovery rate of stolen vehicles, to identify trends and patterns in vehicle theft, to provide training and 1 Printed by CLB\ercusto 11/2/2019 8:29:09 AM • • expertise to participating agencies countywide, and to coordinate a deterrence program in conjunction with the private sector . 3.1: TRAP will target, investigate, and prosecute individuals involved in vehicle theft, particularty those professional thieves who organize, direct, finance, or otherwise engage in commercial vehicle theft for profit. 3.2: TRAP will identify locations used in connection with vehicle theft offenses, including legitimate "front" business locations (i.e., body shops and auto dismantlers) which operate as commercial "chop shops", and take appropriate action. 3.3: TRAP will provide training and expertise for participating agencies throughout Los Angeles County. 3.4: TRAP will seek input and solicit cooperation from the private sector to coordinate a public deterrence program. ARTICLE 4: THE BOARD OF ADVISORS In keeping with the multi-agency concept of this Program, the Countywide Criminal Justice Coordination Committee, (CCJCC), through its Executive Steering Committee, will act as the Board of Advisors for TRAP and will be responsible for advising the Los Angeles County Sheriff on policy and overall strategy for the Program. ARTICLE 5: THE REGIONAL COORDINATOR The Sheriff shall administer the policy, procedures and affairs of TRAP, subject to the recommendations of the CAO and the CCJCC, through its Executive Steering Committee. 5.1: 5.2: 5.3: The Sheriff shall direct the Project Director to purchase/lease equipment, assets, office space, and resources to support the investigative, prosecutorial, and deterrence functions of the Program. The Sheriff shall ensure that accurate books of account, showing in detail all financial transactions relating to TRAP, including all costs, expenses or charges paid, are maintained. All books and records shall be open to inspection at all times during normal business hours by any authorized representative of participating agencies . 2 Printed by CLB\ercusto 11/2/2019 8:29:10 AM • • • 5.4: The Sheriff shall direct the Project Director to cause the books of account and other financial records to be audited annually . 5.5: The Project Director shall prepare and submit to the Sheriff and the CCJCC Executive Steering Committee in time for revision and adoption by it, prior to July 1st of each fiscal year, the annual budget of TRAP for the next succeeding fiscal year. ARTICLE 6: THE PROJECT DIRECTOR The Project Director will be selected by the Sheriff, after considering the recommendations of the CCJCC Executive Steering Committee, and shall be of senior law enforcement management rank that will provide a wide range of operational authority to TRAP. 6.1: The Project Director is responsible for planning, staffing, directing, organizing, coordinating, budgeting, auditing, and reporting all tasks, functions, and resources of TRAP. ARTICLE 7: AMENDING THE MEMORANDUM OF UNDERSTANDING The MOU may only be amended upon recommendation by the Sheriff, following consultation with, and agreement by, the CCJCC Executive Steering Committee and the CAO. All participants will be notified immediately of any proposed changes to this MOU. ARTICLE 8: PARTICIPANTS TRAP will be comprised of law enforcement personnel from Los Angeles County including Police Officers, Sheriffs Deputies, CHP Investigators, and Prosecutors and may include, in a non-reimbursed capacity, agents from the FBI, the National Insurance Crime Bureau, U.S. Customs, the Department of Motor Vehicles and/or other concerned agencies, at the discretion of the Project Director. ARTICLE 9: TERMINATION OF PARTICIPATION Participation in TRAP by a participating agency shall continue until termination in the manner hereafter provided. 9.1: Termination shall become effective 60 days following the giving of written notice of termination of participation by the participating agency to the Project Director. This 60 day period will provide for 3 Printed by CLB\ercusto 11/2/2019 8:29:11 AM • • the timely transfer of assignment and selection of replacement personnel. ARTICLE 10: DISTRIBUTION OF ASSETS SEIZED TRAP, when developing case investigations, shall use both civil and criminal forfeiture staMes in the seizure of assets. State and federal asset seizure programs will be utilized by TRAP. It is agreed that the assets seized by TRAP will be used to enhance future TRAP operations. Individual seizures in excess of $1,000,000 shall be reviewed by the CCJCC Executive Steering Committee for a recommendation to the Sheriff on appropriate disbursement. In the event a decision is made to disburse any excess assets, they shall be divided based on the following formula, developed by mutual consent: 10.1: It is agreed that 75% of the involved assets will be divided among the participating member agencies. 10.1a The formula for distribution will be 33% for LASO, 33% for LAPD, and 33% for other involved agencies, disbursed through the Los Angeles County Police Chiefs' Association. 10.2: The remaining assets, (25%) shall be disbursed to the TRAP Program Operating Fund upon approval by the CCJCC Executive Steering Committee. 10.3: Disbursement will be calculated after administrative costs and federal and state costs have been deducted. ARTICLE 11: TERMINATION DA TE Funding for the Program expires on January 1, 2018, with an option for legislative extension. The Program will dissolve on that date unless the California State Legislature acts to continue the funding and the participants subsequently agree to continue participation. ARTICLE 12: DISPOSITION OF ASSETS UPON DISSOLVEMENT OF TRAP Upon dissolvement of TRAP any assets acquired by TRAP during the period of operation and still on hand shall be distributed to participating agencies, on the basis of appraised value at the time of dissolution, based on the following formula: 12.1: Los Angeles County Sheriff's Department, 33%. 4 Printed by CLB\ercusto 11/2/2019 8:29:11 AM • • • Printed by 12.2: Los Angeles Police Department, 33% . 12.3: Other Participating Agencies, 33%. 12.4: Operation and maintenance of the Auto Theft Information Network (ATIN), shall remain with the Los Angeles County Sheriffs Department. 5 CLB\ercusto 11/2/2019 8:29:12 AM • • PART II OPERATIONAL STANDARDS, STRUCTURE, AND PERSONNEL ARTICLE 1: OPERA TING STANDARDS All matters governing operating standards and procedures will be accomplished within Constitutional guidelines, insuring the rights of citizens, and considering the duty of law enforcement to deter crime and detect, arrest, and prosecute individuals engaged in illicit activity. ARTICLE2: STRUCTURE TRAP will consist of three Groups: the Headquarters Group, the West Investigative Group, and the East Investigative Group. 2.1: The Headquarters Group shall be responsible for the administrative operation of the TRAP program including the Auto Theft Information Network (ATIN). 2.2: The West Investigative Group shall be responsible for enforcement activities within specifically defined areas in the western portion of Los Angeles County. Boundaries shall be determined by the Project Director and shall include all incorporated areas of the City of Los Angeles. The West Investigative Group will consist of two investigative teams as follows: 2.2a South Team 2.2b West Team 2.3: The East Investigative Group shall be responsible for enforcement activities within specifically defined areas in the eastern portion of Los Angeles County. Boundaries shall be determined by the Project Director and shall include the area of the County north of the northern most boundary of the City of Los Angeles. The East Investigative Group will consist of two investigative teams as follows: • 6 Printed by CLB\ercusto 11/2/2019 8:29:13 AM • 2.3a 2.3b North Team San Gabriel Valley Team 2.4: Team Boundaries, which will be detennined by the Project Director, shall not restrict or prohibit the necessary case follow up, investigation, or assistance by one team in any other team area. 2.5: Groups and Teams will be established in phases based on the receipt of necessary funding during the first year and at the direction of the Project Director. ARTICLE 3: SUPERVISION • • Printed by Each Investigative Group will be managed by an Area Lieutenant. Each regional team will be supervised by a supervisor of the rank of sergeant or supervisory detective. 3.1: 3.2: The Area Lieutenants, one LASO and one LAPD, will be appointed by the respective parent agency. Team Supervisors will be selected by Area Lieutenants, in consultation with the Project Director, from candidates submitted by the involved parent agencies. Selections may involve an interview process and will in all cases be in full compliance with prevailing parent agency procedures . Area Lieutenants are responsible for the leadership and management of the teams assigned to their respective Groups. 3.3: Team Supervisors are responsible for the supervision of personnel assigned to their respective teams, the vehicle theft issues in their area of responsibility, and the tasks assigned to their teams. 3.4: Officers assigned to TRAP will work full time under the direct daily supervision of Area Lieutenants and Team Supervisors. Area Lieutenants and Team Supervisors will be under the supervision of the Project Director and all members will follow the policies, procedures, and guidelines enacted for the Program. Should any of the aforementioned policies, procedures, or guidelines conflict with the policy, procedures, guidelines, training or tactical guidelines of a participating parent agency, the individual member will immediately bring the conflict to the attention of a supervisor. The individual member shall abide by the directives of the parent agency until such conflict is resolved. The Project Director shall ensure that the appropriate action to resolve the conflict is initiated without delay . 7 CLB\ercusto 11/2/2019 8:29:14 AM • • • ARTICLE4: PERSONNELSELECTION Participating agencies shall nominate experienced investigators and qualified investigative trainees for assignment to TRAP. All investigative positions shall be filled by sworn personnel only. Final personnel selection decisions will be made by the Project Director, in consultation with the concerned agency heads. Selection may involve an interview process. 4.1: Agency representation will be based on agreed upon funding levels. 4.2: Based on the expertise required to conduct vehicle theft investigations, a one year minimum assignment is strongly recommended for TRAP personnel. Nothing in this agreement prevents an individual from returning to the parent agency for any reason based on agreed upon procedures. 4.2a Personnel may be terminated from the Program and returned to their respective parent agencies for failure to adhere to Program policies and procedures, at the discretion of the Project Director, in consultation with concerned agency heads. 4.2b Personnel suffering injury or illness resulting in extended absence or light duty status may be evaluated and returned to the parent agency at the discretion of the Project Director, in consultation with concerned agency heads. ARTICLE 5: PROSECUTORIAL SUPPORT At the inception of TRAP a Deputy District Attorney will be assigned to advise, assist, and coordinate prosecutorial activity. These positions will be fully reimbursed by the Program. TRAP officers will continue to have access to respective Branch Offices for prosecutorial support, at no additional cost to the Program. During subsequent years of operation, prosecutorial participation will be evaluated and modified, if appropriate, based on work load and budget considerations . 8 Printed by CLB\ercusto 11/2/2019 8:29:15 AM • • • ARTICLE 6: CASE PRIORITIZATION Case priorities will be detennined by, but not limited to, the sophistication of the enterprise, community impact, personnel and/or equipment availability, and workable investigative leads. 6.1: It shall be the policy of the Program to respond to requests for case development assistance from member agencies whose situation demands expertise or resources beyond their existing limitations, based on the availability and priorities of TRAP. If TRAP assistance is provided and TRAP becomes extensively involved in an ongoing investigation, TRAP may elect, by mutual agreement, to become the primary investigative unit on the case. 6.2: Proactive enforcement will be the primary activity of TRAP Teams and will include suspect and location identification, investigation, report preparation, and suspect arrest and prosecution. All manner of vehicle theft will be targeted but emphasis will be placed on professional, commercial auto theft operations. ARTICLE 7: AUTO THEFT INFORMATION NETWORK (ATIN) TRAP will develop a computerized, centralized, one stop vehicle theft incident and criminal history information center with crime analysis capability for use by law enforcement agencit;s. ARTICLE 8: CRIME PREVENTION TRAP will coordinate a vehicle theft prevention program utilizing private sector support, community groups, and the media to inform and educate the citizens of Los Angeles County regarding the vehicle theft problem. The intent of this program will be to enhance public awareness and encourage community participation to deter vehicle theft . 9 Printed by CLB\ercusto 11/2/2019 8:29:16 AM • • • PART Ill ADMINISTRATIVE GUIDELINES ARTICLE 1: POLICY All members of TRAP will be expected to conform to their parent agency's policies, procedures, and tactical guidelines as well as any additional policies and procedures set forth by TRAP. ARTICLE2: REPORTING FORMAT Investigative reports will be completed in a timely manner and will describe activities fully, exactty and plainly. Copies of all case reports will be kept in the respective Team office under an in-house file number until completion of the case, at which time reports will be maintained in a centralized records retention file, managed by TRAP, pursuant to standardized document destruction procedures. Original copies of case reports will be forwarded to the involved parent law enforcement agency for required distribution and record keeping. All appropriate information will be entered into the ATIN system. 2.1: Report forms used to document case activities will be those employed by the Los Angeles County Sheriff's Department. ARTICLE 3: RELEASE OF INFORMATION Large scale investigations are sensitive. Protection of sources of information and managing information about areas of criminal activity are absolutely essential. Dissemination of information and reports will be done on a "need-to- know/right-to-know'' basis in compliance with existing state and federal laws. Questions about the appropriateness of releasing case information will be referred to the Project Director, who will coordinate the dissemination of information. 3.1: 3.2: TRAP will cooperate with the news media to assist them in obtaining information on matters of public interest. However, certain information must remain confidential in order to protect the Constitutional rights of the accused, to avoid interfering with a TRAP investigation, or because it is legally privileged. The Project Director is responsible for the dissemination or coordination of press releases. All participating agencies will be 10 Printed by CLB\ercusto 11/2/2019 8:29:17 AM notified, time peITnitting, prior to any media releases. Notification will be made in all cases prior to any foITnal press briefing. ARTICLE 4: ACTIVITY REPORT T earn Supervisors will prepare monthly activities reports detailing team activities for each Area Lieutenant. These activities reports will be forwarded to the Project Director and will serve as the basis for quarterly reports to the Sheriff and the CCJCC Executive Steering Committee. The Project Director will submit a quarterly operational report within 15 days of the close of a calendar quarter. Copies of the quarterly report will be forwarded to all participating agencies. ARTICLES: DOCUMENTSECURITY All reports and records will be designated CONFIDENTIAL. This material will be secured under lock and key when unattended. Access to files will be on a "need-to-know/right-t<rknow" basis. Case files being actively worked will be kept under the direct control of TRAP until the investigation is concluded. Cases with no workable leads, or cases that have not been worked after one year will be handled pursuant to lawful standardized document destruction procedures. At no time will official reports or evidence be kept or stored anywhere but the designated offices of TRAP or the evidence room or records section of the involved parent agency. The management of infoITnation will always be done in strict accordance with applicable local, state, and federal laws. 5.1 : Monthly Activities Reports and other such similar TRAP materials are prepared specifically for the members of the CCJCC Executive Steering Committee and shall be considered and marked CONFIDENTIAL. ARTICLE 6: MUL Tl-AGENCY CONCERNS 6.1: Citizen Complaints Printed by CLB\ercusto 11/2/2019 8:29:17 AM Any complaint from an individual alleging misconduct by personnel of TRAP will be directed to the appropriate Area Lieutenant for immediate assignment and preliminary fact finding. The Area lieutenant will immediately notify the Project Director. The Project Director will notify the concerned officer's parent agency and provide them with all available infoITnation regarding the incident. Final deteITnination of investigative responsibility will be made following discussion with the parent agency. Disciplinary action will be recommended and approved solely by the concerned parent agency. 11 6.2: • Employee Evaluation Area Lieutenants and T earn Supervisors will assist appropriate parent agency supervisors in completing fair and objective evaluations for rating periods involving task force assignments. The parent agency evaluation form will be used. 6.3: On-Duty Traffic Collisions • 6.4: • Printed by CLB\ercusto 11/2/2019 8:29:18 AM 6.3a Non-Injury If a TRAP officer is involved in a traffic collision while on-duty NOT resulting in injury or death, the Area Lieutenant shall make the following notifications: 1. The Project Director 2. A supervisor from the involved officer's parent agency 3. A supervisor from the policing agency where the incident occurred. Appropriate reports will be completed in compliance with legal requirements and parent agency policy. 6.3b Injury or Death If a TRAP officer is involved in a traffic collision while on-duty which results in injury or death the Area Lieutenant shall make the following notifications: 1. The Project Director who will immediately notify the Sheriff and the Chairperson of the CCJCC Executive Steering Committee. 2. A supervisor from the involved officer's parent agency. 3. A supervisor from the policing agency where the incident occurred. 4. The California Highway Patrol. Appropriate reports will be completed in compliance with legal requirements and parent agency policy. · When· a TRAP officer is injured on-duty, the Area Lieutenant will notify the Project Director. An involved parent agency supervisor will be notified and procedures will be followed as required by the concerned parent agency. In case of an emergency, the officer will receive immediate medical attention in the most expedient manner. In order to assist the Area Lieutenant in ensuring an officer's injury is treated without delay, every officer assigned to TRAP will supply a supervisor with medical emergency notification information that will be maintained at the respective team office and TRAP Headquarters office . 12 6.5: Use of Force incidents will be reported as required by parent • agency guidelines . 6.Sa An officer involved shooting incident resulting in injury or death during the performance of duty will require the immediate notification of the following: 1. The Project Director, who will immediately notify the Shertff and the Chairperson of the CCJCC Executive Committee. 2. A supervisor from the involved officer's parent agency. 3. A supervisor from the agency in which the incident took place. 4. The LASD Homicide Bureau. 5. The LAPD Robbery Homicide Officer Involved Shooting Team for LAPD involved cases. 6.Sb Investigative and reporting responsibility will be determined following consultation with involved agency representatives and will be in compliance with all parent agency guidelines. Nothing in this agreement precludes concurrent investigations by involved agencies. The District Attorney's rollout team will be notified if the parent agency of the involved officer requests it. If there is a conflict between parent agency policies when multiple jurisdiction • officers are involved, the District Attorney's rollout team will be notified. 6.Sc Any non hit shooting or accidental discharge shall immediately be reported to the Area Lieutenant for preliminary investigation. The Area Lieutenant will respond and notify the Project Director who will notify the supervisor from the involved officer's parent agency. Investigative and reporting responsibility will be determined following consultation with the involved agency representatives and will be in compliance with all parent agency guidelines. 6.6: Every officer assigned to TRAP will carry a firearm in accordance with his/her department policies and procedures. Applicable parent agency policies concerning the use of firearms shall apply. Any firearms carried by TRAP officers must be approved by the concerned parent agency. TRAP officers shall comply with their respective parent agency firearms qualification requirements. 6.7: Each member agency shall be solely liable for any and all damages, including attorney's fees, resulting from the acts or omissions of its own employees, including those employee of or • 13 Printed by CLB\ercusto 11/2/2019 8:29:19 AM • 6.8: assigned to TRAP, and shall indemnify and hold hannless each other member agency for said acts and omissions . Each agency is responsible for any worker compensation, sick, injured on duty, or similar benefits incurred by or due its employees. ARTICLE 7: TRAINING • Printed by All required parent agency training shall be attended by assigned personnef. A Team Supervisor shall be notified of scheduled training as soon as possible. TRAP will schedule additional training consistent with TRAP's stated mission and goals . 14 CLB\ercusto 11/2/2019 8:29:19 AM • • • PART IV FISCAL GUIDELINES ARTICLE 1: SOURCE OF FUNDING Revenue for TRAP as outlined in the following sections from Vehicle Code Section 9250.14, (AB 286): 9250.14. (a) (1) In addition to any other fees specified in this code and the Revenue and Taxation Code, upon the adoption of a resolution by any county board of supervisors, a fee of one dollar ($1) shall be paid at the time of registration or renewal of registration of every vehicle, except vehicles described in subdivision (a) of Section 5014.1, registered to an address within that county except those expressly exempted from payment of registration fees. The fees, after deduction of the administrative costs incurred by the department in carrying out this section, shall be paid quarterly to the Controller. (2) In addition to the one dollar ($1) service fee, and upon the implementation of the permanent trailer identification plate program, and as part of the Commercial Vehicle Registration Act of 2001, all commercial motor vehicles subject to Section 9400.1 registered to an owner with an address in the county that established a service authority under this section, shall pay an additional service f~ of two dollars ($2) . (b) Notwithstanding Section 13340 of the Government Code, the money paid to the Controller is continuously appropriated, without regard to fiscal years, for the administrative costs of the Controller, and for disbursement by the Controller to each county that has adopted a resolution pursuant to subdivision (a), based upon the number of vehicles registered, or whose registration is renewed, to an address within that county. (c) Except as otherwise provided in this subdivision, money allocated to a county pursuant to subdivision (b) shall be expended exclusively to fund programs that enhance the capacity of local police and prosecutors to deter, investigate, and prosecute vehicle theft crimes. In any county with a population of 250,000 or less, the money shall be expended exclusively for those vehicle theft crime programs and for the prosecution of crimes involving driving while under the influence of alcohol or drugs, or both, in violation of Section 23152 or 23153, or vehicular manslaughter in violation of Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or any combination of those crimes. There will be no personnel or equipment costs to participating agencies. Revenue may not be used to fund existing budgeted programs or personnel and participating 15 Printed by CLB\ercusto 11/2/2019 8:29:20 AM • • agencies may not charge any indirect costs for administration or implementation of this agreement. ARTICLE 2: PROGRAM OPERATING FUND Monies will be received by the County of Los Angeles and placed in a single County fund, overseen by the Sheriff, as a Program Operating Budget. Participating agency personnel will be provided with necessary assets, supplies, and equipment, including vehicles, communication equipment and technical tools from the Program Operating Budget. · ARTICLE 3: FUNDING LEVELS Funding for operating costs will be made from the Program Operating Budget at the following levels: 3.1: Overhead costs not to exceed 33% of the total Program Operating Budget shall be set aside to fund administrative and support costs associated with the Program which include the following: 3.1a Any salaries for non investigative personnel 3.1 b CHP salary, benefits and equipment (one per team) 3.1c Support staff equipment procurement 3.1d The creation of an Auto Theft Information Network (ATIN), centralized computerized system. 3.2: Participating agencies agree to assign personnel to TRAP. All personnel assigned to TRAP will be paid by their respective agencies. Expenditures for task force field personnel, including salary, benefits, overtime and equipment will be funded from the remaining 66% of the Program Operating Budget. Salary, benefits and overtime expenditures will be reimbursed to participating agencies at the following funding/staffing levels: 3.2a Los Angeles County Sheriffs Department, 33%. 3.2b Los Angeles Police Department, 33%. 3.2c Other Participating Agencies, 33%. 3.3: All overtime will be reimbursed from the Program Operating Budget. • 16 Printed by CLB\ercusto 11/2/2019 8:29:21 AM • • 3.3a No overtime will be allowed unless by prior approval of an Area Lieutenant. 3.3b AU personnel will, as required, work beyond their normal work day or respond to call outs as deemed necessary by the Area Lieutenant or Team Supervisor. 3.4: TRAP will provide vehicles to assigned personnel. Involved parent agencies agree to provide liability/hold harmless coverage pursuant to established parent agency procedures. 3.5: Any excess funds not expended from the administrative and support costs may be diverted to the personnel costs, quarterly, at the discretion of the Project Director. 3.6: The administrative and support funding levels may be adjusted by the Sheriff, upon recommendation of the Project Director, the CCJCC Executive Steering Committee, and the CAO. 3.7: The Project Director shall prepare a quarterly report which describes revenues and expenditures for the prior quarter as well as year to date. The report shall include administrative, payroll, overtime, investigative, and equipment expenditures. ARTICLE4: SPECIALFUNDS A special fund shall be established, to which members of TRAP may charge expenditures as necessary in the performance of the duties of the Program. Special funds expenditures are those authorized expenditures by TRAP personnel incurred while working undercover or on surveillance and must be directly related to program maintenance, and/or investigative expenses. The Project Director shall maintain this fund in the amount of $10,000 through the year. Expenditures shall have the prior approval of the Project Director. A numbered receipt and ledger system requiring the signature of the Area Lieutenant and a Team Supervisor will be required for all expenditures denoting the appropriate reason for the expenditure. ARTICLE 5: LOSS OF MONIES In the event monies are lost, stolen, or otherwise not accounted for, the Project Director will immediately initiate an investigation. 17 Printed by CLB\ercusto 11/2/2019 8:29:22 AM • • • ARTICLE 6: CREDIT CARDS The Project Director may apply for, receive, and authorize the use of credit cards for the sole purpose of conducting TRAP business. ARTICLE 7: FUND.ADMINISTRATION The fund will be administered by the Los Angeles County Sheriffs Fiscal Services Office. 7.1: Day to day fiscal management, accounting, and record keeping will be done by the Sheriff's Department Fiscal Services Office and the Project Director. 7.2: Participating agencies shall maintain current and accurate records of account of all obligations and expenditures for respective assigned personnel. Agencies seeking reimbursement for TRAP activities shall submit a detailed statement of expenses in a prescribed format to the Project Director within 30 days following the end of each quarter. Only basic salary, benefit and related overtime costs (at time and one half) will be reimbursed by TRAP. Upon approval by the Project Director, a claim for reimbursement will be forwarded to the Los Angeles County Sheriff's Fiscal Services Office for payment within 30 days. Requisitions for materials and services related to TRAP must have the prior approval of the Project Director. Approved expenses will be forwarded to and paid by the Los Angeles County Sheriff's Fiscal Services Office . 18 Printed by CLB\ercusto 11/2/2019 8:29:22 AM • • THIS AGREEMENT, made and entered into this ____ day of _______ , 2010, by and between the City of Long Beach Police Deparbnent, hereafter called LBPD, and the Taskforce for Regional Autotheft Prevention, hereinafter called TRAP. TRAP will reimburse the LBPD for salary and benefits for one (1) Investigator, on a full time basis, including overtime incurred during participation in the Taskforce. WITNESSETH: By and in consideration of the covenants and conditions herein contained, TRAP and the LBPD do hereby agree as follows: 1. LBPD agrees to assign one (1 ) Investigator to TRAP. 2. The LBPD Contact Coordinator will be. Detective Division Commander _ 3. Should the LBPD desire to terminate its participation in the Task force, notification in writing to the Project Director is required. The termination shall be deemed to take effect not less than sixty (60) days after the receipt of written notification. 4. This agreement may be amended by written mutual consent of both parties hereto. 5 . The I APO agrees to invoice TRAP on a monthly or quarterly basis. The LBPD, Accounting Section, will send all invoices to: TRAP 9040 Telstar, Suite 115 El Monte, CA 91731 6. In the event of unforseen emergency or disaster, this agreement may be canceled by either party without prior written notice. APPROVED AS TO FORM Office of the County Counsel Principal County Counsel COUNTY OF LOS ANGELES Sheriff's Deparbnent ________ Date: ___ _ LEROY D. BACA SHERIFF Printed by CLB\ercusto 11/2/2019 8:29:23 AM • Printed by Agreement with DEA • This agreement specifically states that the officer assigned to the task force shall adhere to DEA policies and procedures. Failure to do so shall be grounds for dismissal from the task force. • There is no mention of policy regarding force, deadly force or less lethal devices. No mention of any training in this agreement. • The agreement states that in the event of a vehicle collision involving a LBPD vehicle (which we must provide for the officer) LBPD procedure for reporting and investigating accidents involving LBPD vehicles shall apply CLB\ercusto 11l2/2C19 8:29 24 AM • • LOS ANGELES HIGH INTENSITY DRUG TRAFFICKING A.REA SouTHERN CALIFORNIA DRuG TASK FORCE STATE AND LOCAL HIDTA TASK FORCE AGREEMENT BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION AND THE LONG BEACH POLICE DEPARTMENT This agreement is made this 1st day of October 2012, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA") and the Long Beach Police Department (hereinafter "LBPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of21 U.S.C. § 873 . Whereas, there is evidence that trafficking in narcotics and dangerous drugs exists in the Los Angeles High Intensity Drug Trafficking Area (Los Angeles, Orange, Riverside, and San Bernardino Counties), and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the City Long Beach, the parties hereto agree to the following: I. The Southern California Drug Task Force (hereinafter "SCDTF"), a Los Angeles High Intensity Drug Trafficking Area (LA-IDDTA) will perform the activities and duties described below: a. disrupt the illicit drug traffic in the LA-HIDTA by immobilizing targeted violators and trafficking organizations; Printed by CLB\ercusto 11/2/2019 8:29:24 AM • • • b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate, and engage in other traditional methods of investigation in order that task force's activities will result in effective prosecution before the courts of the United States and the State of California 2. To accomplish the objectives of the SCDTF, the LBPD agrees to detail one (1) experienced officer to the SCDTF for a period of not less than two years. During this period of assignment, the LBPD officer will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The LBPD officer assigned to the task force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the task force. 4. The LBPD officer assigned to the task force shall be deputized as a task force officer of DEA pursuant to 21 U.S.C. § 878. 5. To accomplish the objectives of the SCDTF, DEA will also assign Special Agents to the task force. IflDTA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and the LBPD officer assigned to the task force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training and other support items . Printed by CLB\ercusto 11/2/2019 8:29:25 AM • • • 6. During the period of assignment to the SCDTF, the LBPD will remain responsible for establishing the salary and benefits, including overtime, of the LBPD officer assigned to the task force, and for making all payments due them. IDDTA will, subject to availability of funds, reimburse the LBPD for overtime payments made by it to the LBPD officer assigned to the SCDTF for overtime, up to a sum equivalent to twenty-five percent (25%) of the annual salary of a GS- 1811-12, step I, (RUS) federal employee, currently $17,202.25, per officer. Note: Task Force Officer's overtime "Shall not include any costs for benefits, such as retirement, FICA and other Expenses. " 7. In no event will the LBPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The LBPD shall maintain, on a current basis, complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The LBPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The LBPD shall maintain all such records until all audits and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is sooner . Printed by CLB\ercusto 11/2/2019 8:29:26 AM • • • 10. The LBPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitations Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing that law, 28 CFR Part 42, Subparts C, F, G, H, and I. 11. The LBPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug Free Workplace Requirement. The LBPD acknowledges that this agreement will not take effect and no federal funds will be awarded until the completed certification is received. 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal money, the LBPD shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with federal money; and (2) the dollar amount of federal funds for the project or program. 13. LBPD agrees to provide a vehicle for the officer assigned to HIDT A to conduct investigations and respond to emergency callouts. LBPD procedure for reporting and investigating automobile accidents involving LBPD vehicles shall apply. HIDTA, through DEA, will furnish mobile radio for installation in the vehicle and assume the cost of installation and removal. IIlDT A will be financially responsible for the purchase of fuel. Printed by CLB\ercusto 11/2/2019 8:29:27 AM • 14. The HIDT A Executive Committee acknowledges that the United States is liable for the actions of task force officers, while on duty and acting within the scope of federal employment, to the extent permitted by the Federal Torts Claim Act. • • 15. The term of this agreement shall be from October 1, 2012 until September 30, 2013. This agreement may be terminated by either party on thirty (30) days advance written notice. Billings for all outstanding obligations must be received by DEA within ninety (90) days of the date of termination of this agreement. HIDTA will be responsible only for obligations incurred by the LBPD during the term of this agreement. For the Drug Enforcement Administration: Briane M. Grey Acting Special Agent in Charge Los Angeles Field Division For the Long Beach Police Department: Date: VEu A~ 10 fORM ---i'--.d-------------I 20 12- orney ------- Printed by CLB\ercusto 11/2/2019 8:29:27 AM • Attachments: • • (1). OJP Forms 4061/6 (3-91): Certifications Regarding Lobbying: Debarment, Suspensions and Other Responsibility Matters; and Drug Free Workplace Requirements (2). Roster of Local, State, or Federal Agency Personnel Assigned to the SCDTF Task Force . Printed by CL ll\ercusto 11/212019 B.29 2B AM • • • U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION ANO OTHER RESPONSIBILITY MATTERS; ANO DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on l obbying" and 28 CFR Part 67, "Government-wide Department and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352 Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for ~ons entering_ into a grant or cooperative agreement over $100,000, as delined at 28 CFR Part 69, the applicant certifies that: · (a) No Federal appropriate funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and extension, continuation, renewal, atnendment, or modification of any Federal grant or cooperative agreement; (bl If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at-tempting to influence an officer or employee of an_y agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or COO!)erative agreement, the undersigned shan complete and submit Standara Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (cl The undersigned shall require that the language of this cer-tification be included in the award documents l or all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shalT certify and disclose accordingly. 2. DEBARME~ SUSPENSION, AND OTHER RESPONSIBILI IT MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549 Debarment and Suspension, and implemented at 28 CFR Prt 67, for prospec-tive Q_a~ants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510- A The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar-ment declared ineligible sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this applica- tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federa)1 State, or local) transaction or contract under a public transaaion; violation of Federal or State antitrust statutes or commission of embezzlement theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise aiminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) Have not within a three-year period preceding this applica-fion had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. VVhere the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug_-Free Workplace Act of 1988, and implemented al 28 CFR 'Part 67, Subpart F1,. for grantees.,. as defined at 28 CFR Part 67 Sections 67.o15 and 67.o20- A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifyii:,g employees that the unlawful manufacture, distribution, dispensingl po.ssession, or use of a controlled substance is prohibited-n the grantee's workplace and specifying the actions that will be taken against employees for violation ot such prohibition; (bl Establishing an on-going drug-free awareness program to inform employees about- (1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; {c) Making it a requirement that each employee to be engaged m the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the · granf, the employee will- • OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 406213 AND 4061/4 WHICH ARE OBSOLETE. Printed by CLB\ercusto 11/2/2019 8:29:29 AM • (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (el Notifyi119 the agency, in writing, within 10 calendar days after receiving nofice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic-tion. Employers of convicted employees must provide notice including position ti~ to: Department of Justice, Office ot Justice Programs, A, , N: Control Desk, 633 Indiana Avenue, N.W., Wasti1ngtonl D.C. 20531. Notice shall include the iden-tification number(s, of each affected grant; (f) Taking one of the following actions, within 30 calendar clays of receiving notice under sub~raph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to _participate satisfactorily in a clrug abuse assistance or rehabilitation program approved for such purPQses by a Federal, State, or local nealth, law enforce-ment, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a), (t>), (c), (d), (e), and (f). B. The grantee may insert in the space P.«>Vided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, country, state, zip code) Check D if there are workplace on file that are not identified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each ap- plication for Department of Justice funding. States and State agencies may erect to use OJP Form 4061/7. Check D if the State has elected to complete OJP Form 4061/7. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented al 28 CFR "Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620- A. As a condition of the gran~ I certify that I will not engage in the unlawful manufacture1 aistribution, dispensing, posses-sion, or use of a control ed substance in conaition any activity with the grant; and B. If convinced of a criminal drug offense resulting firom a violation occurring during the concfuct of any grant activitv, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice ~rams, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. • As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: 2. Application Number and/or Project Name 3. Grantee IRSNendor Number 4. Typed Name and Title of Authorized Representative 6. Date ·· 1 U rO 'K,"-11 AP . Kv•o::u "'::, I'?,,, • L __________ R-=::;O~~~ili,X~ _ _J Printed by 13y CLB\ercusto 11/2/2019 8:29:30 AM • • • Roster of Local, State, or Federal Agency Personnel Assigned to the LAFD/SCDTF-HIDT A Name of Agency: Lone Beach Police Department 1. David Urbina / Group 42 Printed by CLB\ercusto 11/2/2019 8:29:30 AM • • • Printed by MOU with United States Marshals Service Regional Fugitive Task Force • The MOU with USMS RFTF specifically covers Use of Force stating that all members shall comply with their agencies' guidelines concerning use of force, deadly force and less lethal devices. • The MOU states that copies of all applicable firearms, deadly force and less lethal policies shall be provided to the RFTF Chief Inspector. • The MOU states that in the event of an OIS, the incident will be investigated by the appropriate agency(s) but does not explain how the appropriate agency is to be determined. • There is no mention of training contained in this MOU CLB\ercusto 11/2/2019 8:29:31 AM .. , • • • United States Marshals Service Regional Fugitive Task Force-Memorandum of Understanding PARTI.ES AND AUTHORITY: This Memorandum of Understanding (MOU) is entered into by the Long Beach Police Department -./ l.J l and the United States Marshals Service (USMS) pursuant to 28 U.S.C. § 566(e)(l )(B). As set forth in the Presidential Threat Prolection Act of 2000 11nd directed by the Anomey General, the USMS has been granted authority to direct and coordinate pennanent Regional Fugitive Task Forces consisting of Federal, state, and local law enforcement authorities for the purpose of Jocatins and apprehending fugitives. The authority of the USMS to investigate fugitive matters as directed by the Attorney General is set forth in 28 USC § S66. The Director's authority to direct and supervise all activities of the USMS is set forth in 28 USC§ 561 (s) and 28 CFR 0.111. The authority of United States Marshals ond Deputy U.S. Marshnls, "in executing the laws of the United States within a State ... (to) exercise I.he same powers which a sheriff of the State may exercise in e."<ecuting the laws thereor• is set forth in 28 USC § 564. Additional authority is derived from 18 USC § 3053 and Office of Investigative Agency Policies Resolutions 2 & 1 S. (Su also) "Memorandum for Howard M. Shapiro, General Counsel, Federal Bureau of Investigation• concerning the • Authority to Pursue Non-Federal Fugitives", issued by the U.S. Department of Justice, Ofl'ice of Legal Counsel. dated February 21, 1995. (See also) Memorandum concerning the Authority to Pursue Non-Federal Fugitives, issued by the USMS Office of General Counsel, dated May, 1, 1995. (See also) 42 U.S.C. § 16941(a)(the Attorney General shall use the resources of federal law enforcement, including the United States Marshals Service, to assist jmisdictions in locating ond apprehending sex offenders who violate sex offender registration requirements). MISSION: The primary mission of the task force is to investigate and arrest, as part of joint law enforcement operations, persons who have active state and federal wnlTllllts for their arresL The intent of the joint effort is to investigate and apprehend local. state and federal fugitives, thereby improving public safely and reducing violent crime. Each participating agency agrees to refer cmes for investigation by the RFTF (Regional Fugitive Task Force). Cases will be adopted by the RFTF at lhe discretion of the RFTF Chief Inspector. Targeted crimes will primarily include violent crimes against persons, weapons otlenses, felony drug offenses. failure to register as a sc.x ofTcndcr, and crimes committed by subjects who have a criminal history involving violent crimes, felony drug otlenses, and/or weapons otlenses. Upon receipt of a written request, lhe RFTF may also assist non-participating law enforcement agencies in investigating, locating and arresting their fugitives. Task force personnel will be assigned federal. state, and locnl fugitive cases lbr investigation. Investigative teams will consist of personnel from different agencies whenever possible. 11articipating agencies retain responsibility for the cDSCS they refer to the RFTF. Federal fugitive cases referred to the task lbrce for investigation by any participating agency will be entered into the National Crime Jnfomtation Center (NCIC) by tht USMS or originating agency, as appropriate. State or local lugitive cases will be entered into NCIC (and other applicable state or local lookout systems) as appropriate by the concerned state or local agency . RI-Tf )tol" Rt,·,08/11 Printed by CLB\ercusto 11/2/2019 8:29:32 AM I • " , . SUPERVISION: The RFIP will oomilt oflaw eabcetneat ad ldminiatiw penonnel ftom federal,..__. locll laweutmroneat •--Aflllll:Y pellOIIDd must be lplll'CMlcl by 1be RFl'F ChW lmpedor prior tit'.,.....,. to the RPTP. Aga,.;y penonnel may be 1emaved at any time at the dilCledw vftbe RF1'F adcflmpedor. Direcdan IDd cocmlimdon of tbe RPTP all be the reaponsibilit.y of 1111 USMS RFl'P Chief IDlpecb. A.,,,.i-,ltiwe .,...., -wicb are UltelDll to tbe plltidpltina 111ncin rmlliD the iaplllibllity ofdla 1eapem\"'..,... Fmdldlmare, each qeacy 1etains RllpOllm1,ility tbr1be conduct of its per,c••iel A Tat Force Adviay Qwnrnlttee, cnmd""" of rep!l)Mllllfiwes of~ ... and U8MS RF1'F penaalel, may be ...a,liabld attbe dlacnCiaa oftbe RPTF alieflmpocb mcl will meet and caafer II ne,:1111ry to tmew and address --coocemina operadaaal ...... wilhin the RFl'P. Plll80NNEL: In mdance wl1b lfnmehmd ~ Praicleatial Dnctiw 12, pcnoael ar.-,ped to the tlllc fine• mquiNcl to uadqo 1-qn,and iJIWlldpdou in Older to be provided UDel00lted accea to USMS offlces, iecaa:ls. lDd comp1ter systems. Tbe USMS sblll bear the com ..,.fed with tbca inwldptlons. Noa-USMS law eaboement oftloen lllianed ti, tbe at fine will be clepldmd u Special Deputy U.S. Mtnhals, Tut force penonnel may be nqubecl to tnMl o.lllWe oftbe judldic:tion to which they n nonnally essiped in t\utbennce .xtlsk foa» npndons Stl!e ar local 1111k fcne ofBcen taMling on offlclal bl1sfn• a tbe diaaiw vf die USMS all be n:imbmled dfrecdy by 1be USMS for their travel expem• in accordaace with applicable federal laws, rules. and nplatioas. JtaMBURSIMI.NT: Ifdlo Menbeh Sarvice rec:ewa Amt Forfeiture ftmdina for either 1) overtime incamd by state and local invesdptors who provide fbl1 time IUppOlt to USMS RFI'F joint law eaformment tllk bas; ar 2) 11avel.1rlinm& purchue or leue of police wbicles. tbe1. supplies or equip110dt for sllte and local inwsdptoa in direct IUppod of ltlte and local inwstipton, 1be USMS shall. ~ fflillbility offtmds. reimbune your organization tor expemes incum,d, depemJna m 1'tidcb cateamy of f\mdina is pmvided. 'Reimburaemmt of owrtime wort shall be consistent with the Pair Labor Standmds Act. AIIHIII overtime tar each state or local Jaw eaforcanent officer is capped at the equivalent'of 25% of a OS-1811-12. Step 1, oftbe aenera1 pay IClle for the RUS. R.elmbursement for all types of qualified expenses sball be contiDaent upon availability of funds and th,! submfaion of a proper iequcst for rdmbuaement wblcb shall be IUbmitled quarterly on a filcal year bab. and whim provides the names of the inwsdgators who incuned overtime for the RFTF during the qmrtm; die number of overtime hours incumd. the hourly regular and overtime rates in effect for each .invesdgator, and the total quarterly cost. Printed by UIYMOUltft.111111 CLB\ercusto 11/2/2019 8:29:33 AM • • The requeat fbr ..........,_ ID1llt be submitted to the RFfF Chief lnapedm. wbo will mint the request far reimbu,w,-n. -■mp and sign incticatin1 that services 'MR ieceiwd and thll Ille request for rein.......,,_ i<. appu,ed h payment. Supporting clocummdadon mmt 11n•na-.y zequesll for teimlmemem b equipment, supplies. tninias. fuel, and vehicle--. VIBICLDAND&QUIIMINT: Notwi1balandlna tbe IINM, pwftnatbe avallabUity of llNC bfeitme ftmctina ,ad IFPfOYII by the USMS In advaoe of 1111 pardt11e, tbe USMS may ielmbane the andenlped.., ar local ..-,y fbrwhiolea 11Ddoq11ip_. punb1•d In support oftbll time stale and local~ ....,.,,S to 1be RPTP imolwd iajoiat law eaforcement opendons. Such wbicle ml ecp!11■no,t ,..._ • .., be oonnaled llr llld tided in the name of the stato or local law enbalna 1111DCY ad mmteoq,ly wilb roquheuads paacribed by tbe,USMS punumat to dlis MOU 111d appllable poUcles oftbe Unimd States Deparlment of Justice. Vehicles and eqai&JIDeat pm:ll11111d by state 111d locll laweafbrcement apnciel with aset forfeiture monies provided by die USMS must mmin .miJlble b exduaiYe me oftbe task ha offlcea wiped to tbe RFTF bytbe undenlpeclJldmlll• -.,ncy 1br1bodmdonoftbe tllk folce. U.,. 111',ni~ of1be ap,emem, 1'1181111d dilpolltion of such \'elaiclea are at tbe discretion ofdae 1nleesipecl 11111 or local law en1bmemem f8eDCY. Pendlns tbe availlhffity oftbndsand equipnent. the USMS will issue USMS mfiol. _,....., lad other coamnricedm deYm to each flllt foroe officer to be used for official RFTP '-•ness All ecpdp.Mlrt med by or aaiped to tlllc fbroe offioen by the USMS or m aamcy ~lellllinthopmpertyofthe.-cYlaminadloequlsmentlDd~boietunledto~...-:y upcm termfmtinn of die 1111k fmce, or upon aaencY request. RICORDS AND ltBPORTS: Orlalml npor11 ofhM,stlpdon, evidence, andotberinVMtiptive mataia1s ~ seim, or collected by the RFTF 8ball ho m•irrol by the l8IIIC)' In the RFl'F responsible far 1be oae. Howewr, mdence may be tamed over to otmr Jaw eafaroement qendes u epp1o,dlte. Copies ofin,,mdpdve n,pcm and odler mataills may be~ to other apacies in accordance with ,pplicable laws, rules, and tepledoaa. Tllk force llldldcs 1Yil1 be maimlined in 1be USMS J1lllice Dettinee Jnformttion ~ (JDJS)-Wamat ldxmadOll Network (W]N). Sbdildc, will be made IYlilable to any pmticipeaina apncy upon request. INJORMANTS: Peadlnc the availability of tlnls, the USMS may provido fbnclina for the payment of inmxwa Howewr, ell payments of informtnts udlmng USMS ftnting shill ccmply with USMS policy. USI 0, l'ORCE: All members of the RFTP shall comply with their aaeacb' guidelines concemina the use of ftrarma, deadly force. and 1ess-letbal devices. Coples of all applicable fhanm, deadly foR,e. and lea letbeJ policfes shall be provided to the RFl'F Oief lnspeca and each concerned task fbrce officer. In the event of a sbooting involving task force perlOllmel, the incident will be iDwstfpted by tho appropriaapncy(s) . Plge3of4 Printed by UTFIIOIJ ._OMI CLB\ercusto 11/2/2019 8:29:34 AM .. . ... • NEWS MEDIA Media inquires will be referred to the RFTF Chieflnspector. A press release may be issued and press conference held, upon agreement and through coordination with participant agencies' repr~entatives. All press releases will exclusively make reference to the task force. RELEASE OF LIABILITY: Each agency shall be responsible for the acts or omissions of its employees. Participating agencies or their employees sha11 not be considered as the agents of any other participating agency. Nothing herein waives or limits sovereign immunity wider federal or state statutory or constitutional law. EFFECTIVE DATE AND TERMINATION: This.MOU is in effect once signed by a law enforcement participant agency. Participating agencies may withdraw their participation after providing 30 days advanced written notice to the RFTF Chief Inspector. RFrF: Pacific Southwest Regional Fugitive Task Force United Stales Marshal or RFTF C-ner: \\ - Thomas Hession ~ ~ Print Name Sigaa1urc Participant Agency: Name: Long Beach Police Department Location (City & state): Long Beach, California Phone: 562-570-7350 Participant Agency Representative: Jim McDonnell, Chief Print 'Name & Tille Assistant Director, Investigative Operations Division: ~t.~tJ Geoffrey S.--st.aok ,kJ ~---- Print Name . -rUKNI Signalurc 10/1/2011 Date 3-z-/c. Dale ~~v~;;;~ 20 I~ • __...!.-W;...,P<-;;:f~Vl'!_J_ N, cri: ~:to_r~ey ROBERT E . ..,'-iANi~ .•,1-.. "-c...,,_.. • .,,.,, .· . RY l p..NDcRSOl'l Pri'ntea y ~l,~ ~-, r:•-r-t ,\TTO~.t-iE'< Page4 of 4 RFTF MOU Rev. 08/11 M • • • Printed by MOU with the FBI South Los Angeles County Violent Crimes Task Force • MOU with the FBI specifically details that the officers assigned to the Task Force are to adhere to their own agencies policies regarding deadly force, firearms discharge and use of less lethal munitions and equipment. • MOU with the FBI does not mention any training that is to be conducted with task force members. • MOU with the FBI Section B item 44 regarding Undercover Operations states that all participating agencies may be requested to enter into an additional agreement if an employee of the participating agency is assigned duties that require the officer to work in an undercover capacity. There does not appear to be any such additional agreement that has been signed by our agency . C LB\ercusto 11/2/2019 8:29:35 AM • • • FOR OFFICIAL USE ONLY FEDERAL BUREAU OF INVESTIGATION SOUTH LOS ANGELES COUNTY VIOLENT CRIMES TASK FORCE MEMORANDUM OF UNDERSTANDING PARTIES 1. This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of Investigation (FBI) and the Long Beach Police Department (LBPD). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between these agencies. AUTHORITIES 2. Authority for the FBI to enter into this agreement can be found at Trtle 28, United States Code (U.S.C.), Section (§) 533; 42 U.S.C. § 3771; Title 28, Code of Federal Regulations (C.F.R.), § 0.85; and applicable United States Attorney Generars Guidelines. PURPOSE 3. The purpose of this MOU is to delineate the responsibilities of the South Los Angeles County Violent Crimes Task Force (SLACVCTF) personnel formalize relationships between participating agencies for policy guidance, planning, training, public and media relations; and maximize inter-agency cooperation. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, the United States, or the officers, employees, agents, or other associated personnel thereof. MISSION 4. The mission of the SLACVCTF is to identify and target for prosecution criminal enterprise groups responsible for drug trafficking, money laundering, alien smuggling, crimes of violence such as murder and aggravated assault, robbery, and violent street gangs, as wen· as to intensely focus on the apprehension of dangerous fugitives where there is or may be a federal investigative interest. The SLACVCTF will enhance the effectiveness of federaVstate/local law enforcement resources through a well-coordinated initiative seeking the most effective investigative/prosecutiVe avenues by which to convict and inr;arrerate dangerous offenders. 1 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters . Printed by CLB\ercusto 11/2/2019 8:29:36 AM • • SUPERVISION AND CONTROL A. Supervision FOR OFFICIAL USE ONLY 5. Overall management of the SLACVCTF shall be the shared responsibility of the participating agency heads and/or their designees. 6. The Special Agent in Charge (SAC) of the Los Angeles Division shall designate one Supervisory Special Agent (SSLACVCTF Supervisor) to supervise the SLACVCTF. The SLACVCTF Supervisor may designate a Special Agent to serve as the SLACVCTF Coordinator (Task Force Coordinator). Either the SLACVCTF Supervisor or the Task Force Coordinator shall oversee day-to-day operational and investigative matters pertaining to the SLACVCTF. 7. Conduct undertaken outside the scope of an individual's SLACVCTF duties and assignments under this MOU shall not fall within the oversight responsibility of the SLACVCTF Supervisor or Task Force Coordinator. As stated in paragraph 74, below, neither the United States nor the FBI shall be responsible for such conduct. 8. SLACVCTF personnel will be subject to the laws, regulations, policies, and personnel rules applicable to their respective agencies. FBI employees will continue to adhere to the Bureau's ethical standards, including Department of Justice (DOJ)/FBI regulations relating to outside employment and prepublication review matters, and will remain subject to the Supplemental Standards of Ethical conduct for employees of the DOJ . 9. SLACVCTF personnel will continue to report to their respective agency heads for non• investigative administrative matters not detailed in this MOU. 10. Continued assignment of personnel to the SLACVCTF will be based on performance and at the discretion of appropriate management. The FBI SAC and SLACVCTF Supervisor will also retain discretion to remove any individual from the SLACVCTF. B. Case Assignments 11 . The FBI SLACVCTF Supervisor will be responsible for opening, monitoring, directing, and closing SLACVCTF investigations in accordance with existing FBI policy and the applicable United States Attorney General's Guidelines. 12. Assignments of cases to personnel will be based on, but not limited to, experience, training and performance, in addition to the discretion of the SLACVCTF Supervisor. 13. For FBI administrative purposes, SLACVCTF cases will be entered into the relevant FBI computer system. 2 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters . Printed by C LB\ercusto 11/2/2019 8:29:37 AM • • • FOR OFFICIAL USE ONLY 14. SLACVCTF personnel will have equal responsibility for each case assigned. SLACVCTF personnel will be responsible for complete investigation from predication to resolution. C. Resource Control 15. The head of each participating agency shall determine the resources to be dedicated by that agency to the SLACVCTF, including personnel, as well as the continued dedication of those resources. The participating agency head or designee shall be kept fully apprised of all investigative developments by his or her subordinates. OPERATIONS A. Investigative Exclusivity 16. lt is agreed that matters designated to be handled by the SLACVCTF will not knowingly be subject to non-SLACVCTF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the SLACVCTF's existence and areas of concern. 17. It is agreed that there is to be no unilateral action taken on the part of the FBI or any participating agency relating to SLACVCTF investigations or areas of concern as described in paragraph 3. All law enforcement actions will be coordinated and cooperatively carried out. 18. SLACVCTF investigative leads outside of the geographic areas of responsibility for FBI Los Angeles Division will be communicated to other FBI offices for appropriate investigation. B. Confidential Human Sources 19. The disclosure of FBI informants, or Confidential Human Sources (CHSs), to non- SLACVCTF personnel will be limited to those situations where it is essential to the effective performance of the SLACVCTF. These disclosures will be consistent with applicable FBI guidelines. 20. Non-FBI SLACVCTF personnel may not make any further disclosure of the identity of an FBI CHS, including to other individuals assigned to the SLACVCTF. No documents which identify, tend to identify, or may indirectly identify an FBI CHS may be released without prior FBI approval. 21 . In those instances where a participating agency provides a CHS, the FBI may, at the discretion of the SAC, become solely responsible for the CHS's continued development, operation, and compliance with necessary administrative procedures regarding operation and payment as set forth by the FBI. 3 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters . Printed by CLB\ercusto 11/2/2019 8:29:37 AM • • • FOR OFFICIAL USE ONLY 22. The United States Attorney General's Guidelines and FBI policy and procedure for operating FBI CHSs shall apply to all FBI CHSs opened and operated in furtherance of SLACVCTF investigations. Documentation of, and any payments made to, FBI CHSs shall be in accordance with FBI policy and procedure. 23. Operation, documentation, and payment of any CHS opened and operated in furtherance of an SLACVCTF investigation must be in accordance with the United States Attorney General's Guidelines, regardless of whether the handling agency is an FBI SLACVCTF participating agency. Documentation of state, county, or local CHSs opened and operated in furtherance of SLACVCTF investigations shall be maintained at an agreed upon location. C. Reports and Records 24. All investigative reporting will be prepared in compliance with existing FBI policy. Subject to pertinent legal and/or policy restrictions, copies of pertinent documents created by SLACVCTF personnel will be made available for inclusion in the respective investigative agencies' files as appropriate. 25. SLACVCTF reports prepared in cases assigned to SLACVCTF personnel will be maintained at an FBI approved location; original documents will be maintained by the FBI. 26. Records and reports generated in SLACVCTF cases which are opened and assigned by the FBI SSA with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file for SLACVCTF. 27. SLACVCTF investigative records maintained at the Los Angeles Field Office of the FBI will be available to all SLACVCTF personnel, as well as their supervisory and command staff subject to pertinent legal, administrative and/or policy restrictions. 28. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the SLACVCTF investigations will be maintained by the FBI. The FBl's rules and policies governing the submission, retrieval and chain of custody will be adhered to by SLACVCTF personnel. 29. All SLACVCTF investigative records will be maintained at an approved FBI location. Placement of all or part of said infonnation into participating agency files rests with the discretion of supervisory personnel of the concerned agencies, subject to SSA approval. 30. Classified information and/or documents containing infonnation that identifies or tends to identify an FBI CHS shall not be placed in the files of participating agencies unless appropriate FBI policy has been satisfied. 4 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters . Printed by CLB\ercusto 11/2/2019 8:29:38 AM • • FOR OFFICIAL USE ONLY 31. The Parties acknowledge that this MOU may provide SLACVCTF personnel with access to information about U.S. persons which is protected by the Privacy Act of 1974 and/or Executive Order 12333. The Parties expressly agree that all such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this access to information by SLACVCTF personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. INFORMATION SHARING 32. No information possessed by the FBI, to include information derived from informal communications between SLACVCTF personnel and FBI employees not assigned to the SLACVCTF, may be disseminated by SLACVCTF personnel to non-SLACVCTF personnel without the approval of the SLACVCTF Supervisor and in accordance with the applicable laws and internal regulations, procedures or agreements between the FBI and the participating agencies that would permit the participating agencies to receive that information directly. Likewise, SLACVCTF personnel will not provide any participating agency information to the FBI that is not otherwise available to it unless authorized by appropriate participating agency officials. 33. Each Party that discloses PII is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant. 34. The FBI is providing access to information from its records with the understanding that in the event the recipient becomes aware of any inaccuracies in the data, the recipient will promptly notify the FBI so that corrective action can be taken. Similarly, if the FBI becomes aware that information it has received pursuant to this MOU is inaccurate, it will notify the contributing Party so that corrective action can be taken. 35. Each Party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable to the disclosing Party, and that information is only made available to the receiving Party as may be permitted by laws, regulations, policies, or procedures applicable to the disclosing Party. 36. Each Party will immediately report to the other Party each instance in which data received from the other Party is used, disclosed, or accessed in an unauthorized manner (including any data losses or breaches). 37. The Parties agree that either or both may audit the handling and maintenance of data in electronic and paper recordkeeping systems to ensure that appropriate security and privacy protections are in place. PROSECUTIONS 38. SLACVCTF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. 5 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters . Printed by CLB\ercusto 11/2/2019 8:29:39 AM • • FOR OFFICIAL USE ONLY 39. A detennination will be made on a case-by-case basis whether the prosecution of SLACVCTF cases will be at the state or federal level. This determination will be based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the SLACVCTF. 40. In the event that a state or local matter is developed that is outside the jurisdiction of the FBI or it is decided to prosecute a SLACVCTF case at the state or local level, the FBI agrees to provide all relevant information to state and local authorities in accordance with all applicable legal limitations. A. Investigative Methods/Evidence 41 . For cases assigned to an FBI Special Agent or in which FBI CHSs are utilized, the parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, in situations where the investigation will be prosecuted in the State Court where statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 42. In all cases assigned to state, county, or local law enforcement participants, the parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities as outlined in the Domestic Investigations and Operations Guide to the greatest extent possible. However, in situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 43. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBI. B. Undercover Operations 44. All SL.ACVCTF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations. All participating agencies may be requested Lu e11Le1 inlu 1::111 additional agreement if an employee of the participating agency is assigned duties which require the officer to act in an undercover capacity. 6 FOR OFFICIAL USE ONLY This document is the properfy of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters . Printed by CLB\ercusto 11/2/2019 8:29:39 AM • • • FOR OFFICIAL USE ONLY USE OF LESS-THAN-LETHAL-DEVICES1 45. The parent agency of each individual assigned to the SLACVCTF will ensure that while the individual is participating in FBI-led task force operations in the capacity of a task force officer, task force member, or task force participant, the individual will carry only less-lethal devices that the parent agency has issued to the individual, and that the individual has been trained in accordance with the agency's policies and procedures. 46. The parent agency of each individual assigned to the SLACVCTF will ensure that the agency's policies and procedures for use of any less-lethal device that will be carried by the task force officer, task force member, or task force participant are consistent with the DOJ policy statement on the Use of Less-Than-Lethal Devices. DEADLY FORCE AND SHOOTING INCIDENT POLICIES 47. SLACVCTF personnel will follow their own agencies' policies concerning firearms discharge and use of deadly force. DEPUTATIONS 48. Local and state law enforcement personnel designated to the SLACVCTF, subject to a limited background inquiry, may be sworn as federally deputized Special Deputy United States Marshals, with the FBI securing the required deputation authorization. These deputations should remain in effect throughout the tenure of each investigator's assignment to the SLACVCTF or until the termination of the SLACVCTF, whichever comes first. 49. Deputized SLACVCTF personnel will be subject to the rules and regulations pertaining to such deputation. Administrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective personnel. VEHICLES 50. In furtherance of this MOU, employees of LEA may be permitted to drive FBI owned or leased vehicles for official SLACVCTF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Policy Directive (0430D) and the Government Vehicle Policy Implementation Guide (0430PG). The assignment of an FBI owned or leased vehicle to LEA SLACVCTF personnel will require the execution of a separate Vehicle Use Agreement. Pursuant to Section VIII of the OOJ Less-Than-Lethal Devices Policy dated May 16, 2011 , all state/local officers participating in joint task force operations must be made aware of and adhere to the policy and its limits on DOJ officers. 7 FOR OFFICIAL USE ONL Y This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters . Printed by CLB\ercusto 11/2/2019 8:29:40 AM • • FOR OFFICIAL USE ONLY 51 . The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to SLACVCTF business. 52. The FBI and the United States will not be responsible for any tortious act or omission on the part of LEA and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by LEA SLACVCTF personnel, except where liability may fall under the provisions of the Federal Tort Claims Act (FTCA), as discussed in the liability Section herein below. 53. The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by LEA task force personnel while engaged in any conduct other than their official duties and assignments under this MOU. 54. To the extent permitted by applicable law, LEA agrees to hold harmless the FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by LEA SLACVCTF personnel which is outside the scope of their official duties and assignments under this MOU. SALARY/OVERTIME COMPENSATION 55. The FBI and LEA remain responsible for all personnel costs for their SLACVCTF representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency, except as described in paragraph 56 below. 56. Subject to funding availability and -legislative authorization, the FBI will reimburse to LEA the cost of overtime worked by non-federal SLACVCTF personnel assigned full-time to SLACVCTF, provided overtime expenses were incurred as a result of SLACVCTF-related duties, and subject to the provisions and limitations set forth in a separate Cost Reimbursement Agreement to be executed in conjunction with this MOU. A separate Cost Reimbursement Agreement must be executed between the FBI and LEA for full-time employee(s) assigned to SLACVCTF, consistent with regulations and policy, prior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance with applicable LEA overtime provisions and shall be subject to the prior approval of appropriate personnel. PROPERTY AND EQUIPMENT 57. Property utilized by the SLACVCTF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the SLACVCTF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by SLACVCTF in connection with authorized investigations and/or operations and is in the custody and control and used at the direction of SLACVCTF, will be the financial responsibility of the agency supplying said property. 8 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters . Printed by CLB\ercusto 11/2/2019 8:29:41 AM • • FOR OFFICIAL USE ONLY FUNDING 58. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each party shall bear Its own costs in relation to this MOU. Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. FORFEITURES 59. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with SLACVCTF operations. 60. Asset forfeitures will be conducted in accordance with federal law, and the rules and regulations set forth by the FBI and DOJ. Forfeitures attributable to SLACVCTF investigations may be equitably shared with the agencies participating in the SLACVCTF. DISPUTE RESOLUTION 61 . In cases of over1apping jurisdiction, the participating agencies agree to wor1< in concert to achieve the SLACVCTF's objectives. 62. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field level first before referring the matter to supervisory personnel for resolution. MEDIA RELEASES 63. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. 64. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval. SELECTION TO SLACVCTF AND SECURITY CLEARANCES 65. If an LEA candidate for the SLACVCTF will require a security clearance, he or she will be contacted by FBI security personnel to begin the background investigation process prior to the assigned start date. 9 FOR OFFICIAL USE ONL Y This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters . Printed by CLB\ercusto 11/2/2019 8:29:42 AM • FOR OFFICIAL USE ONLY 66. If, for any reason, the FBI determines that an LEA candidate is not qualified or eligible to serve on the SLACVCTF, the participating agency will be so advised and a request will be made for another candidate. 67. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policies and procedures. During the briefing, each candidate will execute non-disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBI. 68. Before receiving unescorted access to FBI space identified as an open storage facility, SLACVCTF personnel will be required to obtain and maintain a "Top Secret" security clearance. SLACVCTF personnel will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. 69. Upon departure from the SLACVCTF, each individual whose assignment to the SLACVCTF is completed will be given a security debriefing and reminded of the provisions contained in the non-disclosure agreement to which he or she previously agreed. LIABILITY 70. The participating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the SLACVCTF. 71 . The participating agency shall immediately notify the FBI of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel assigned to the SLACVCTF or otherwise relating to the SLACVCTF. The participating agency acknowledges that financial and civil liability, if any and in accordance with applicable law, for the acts and omissions of each employee detailed to the SLACVCTF remains vested with his or her employing agency. In the event that a civil claim or complaint is brought against a state or local officer assigned to the SLACVCTF, the officer may request legal representation and/or defense by OOJ, under the circumstances and pursuant to the statutes and regulations identified below. 72. For the limited purpose of defending against a civil claim arising from alleged negligent or wrongful conduct under common law under the FTCA, 28 U.S.C. § 1346(b), and§§ 2671- 2680: An individual assigned to the SLACVCTF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request to be certified by the Attorney General or his designee as having acted within the scope of federal employment at the time of the incident giving rise to the suit. 28 U.S.C. § 2679(d)(2). Upon such certification, the individual will be considered an "employee" of the United States government for the limited purpose of defending the civil claim under the FTCA, and the claim will proceed 10 FOR OFFICIAL USE 0NL Y This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. Printed by C LB\ercusto 11/2/2019 8:29:42 AM • FOR OFFICIAL USE ONLY against the United States as sole defendant. 28 U.S.C. § 2679(d)(2). Once an individual is certified as an employee of the United States for purposes of the FTCA, the United States is substituted for the employee as the sole defendant with respect to any tort claims. Decisions regarding certification of employment under the FTCA are made on a case-by-case basis, and the FBI cannot guarantee such certification to any SLACVCTF personnel. 73. For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S. Constitution pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): An individual assigned to the SLACVCTF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request individual-capacity representation by DOJ to defend against the claims. 28 C.F.R. §§ 50.15, 50.16. Any such request for individual-capacity representation must be made in the form of a letter from the individual defendant to the U.S. Attorney General. The letter should be provided to Chief Division Counsel (CDC) for the FBI Los Angeles Division, who will then coordinate the request with the FBI Office of the General Counsel. In the event of an adverse judgment against the individual, he or she may request indemnification from DOJ. 28 C.F.R. § 50.15(c)(4). Requests for DOJ representation and indemnification are determined by DOJ on a case-by-case basis. The FBI cannot guarantee the United States will provide legal representation or indemnification to any SLACVCTF personnel. 74. Liability for any conduct by SLACVCTF personnel undertaken outside of the scope of their assigned duties and responsibilities under this MOU shall not be the responsibility of the FBI or the United States and shall be the sole responsibility of the respective employee and/or agency involved. DURATION 75. The term of this MOU is for the duration of the SLACVCTF's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. 76. Any participating agency may withdraw from the SLACVCTF at any time by written notification to the SSA with designated ovel'$ight for investigative and personnel matters or program manager of the SLACVCTF at least 30 days prior to withdrawal. 77. Upon termination of this MOU, all equipment provided to the SLACVCTF will be returned to the supplying agency/agencies. In addition, when an entity withdraws from the MOU, the entity will return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any SLACVCTF participation. MODIFICATIONS 11 FOR OFFICIAL USE ONLY This document Is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization oy FBI Headquarters. Printed by CLB\ercusto 11/2/2019 8:29:43 AM • • FOR OFFICIAL USE ONLY 78. This agreement may be modified at any time by written consent of all involved agencies. 79. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. SIGNATORIES ~~J.p..~j,... Timo{t,y: Delaney ' Special Agent in Charge Fe ureau of Investigation Date Police ong ach Police Department 12 FOR OFFICIAL USE ONLY Th is document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. Printed by CLB\ercusto 11/2/2019 8:29:44 AM • CHIEF'S OFFICE "GOLDENROD" DOCUMENT INFORMATION FORM I Complete and attach this form to all documents sent to the Chief of Police for signature. Bureau Secretaries, email the document to: PD-COP-Of FICE@LONGBEACH.GOV (Subject line of email should reference type and subject of document) This form does not apply to projects generated by the Chiefs Office. INITIATED BY (CHECK ONE): 0 ADMINISTRATION ~ESTIGATIONS O PATROL □ SUPPORT □ COP O OCT TYPE OF DOCUMENT AND SUBJECT: 0 Council Leiter: 0 Memolo: 0 Correspondence To: / Ct>$, Rlif..,.,t-1....,...,...$_U .... R~S--P1,...,...,,pn-=""=-M.-,--~REE11--ert----,,=-_.-,..e--=-PD-♦-,.-8-1 ____ _ ~Other: D Document emailed to Bureau 0 Fwd hardcopy to COP Office FISCAL IMPACT (cost. budgeted, funding source): NIA POTENTIAL CONTROVERSY: N/A Tracking Log In Out Ac Bureau Approval Division Approval Initiator/Author U APPROVALS: ~~-.~ ~c SPECIAL INSTRUCTIONS: Deadline, if any: CiZr Return orlglnal to Bureau for malling D COP Office will mall and retum copy □ to Bureau COP Office forward to C.M. and return a copy and supporting document to Bureau FISCAL DIVISION APPROVAL: If document involves ~ fiscal issues, the Fiscal Diyisfon must review prior to submission to Chief's Office: &1 Dai6Ritta: ~ t .... ,,,...... ..,_J..aU..._f! __ _ Approved by: Rtn'd to Bureau: • • COST REIMBURSEMENT AGREEMENT BETWEEN THE FEDERAL BUREAU OF INVESTIGATION (FBI) AND THE LONG BEACH POLICE DEPARTMENT TASK FORCE FILE# 281D-LA-227557 Pursuant to Congressional appropriations, the FBI receives authority to pay overcime for police officers assigned to the formalized SOUTH LOS ANGELES COUNTY VIOLENT CRIMES TASK FORCE (SLCVCTF) as set forth below for expenses necessary for detection, investigation, and prosecution of crimes against the United States. It is hereby agreed between the FBI and the LONG BEACH POLI CE DEPARTMENT located at 400 W. Broadway, Long Beach, CA 90802, Taxpayer Identification Number:95-6000733 Phone Number: (562) 570-7260, that: 1) Commencing upon execution of this agreement, the FBI will, subject to availability of the required funding, reimburse the agency for overtime payments made to the officers assigned full-time to the task force. 2) Requests for reimbursement will be made on a monthly basis and should be forwarded to the FBI field office as soon as practical after the first of the month which follows the month for which reimbursement is requested. Such requests should be forwarded by the Supervisor of the agency to the FBI Task Force Squad Supervisor and Special Agent in Charge for their review, approval, and processing for payment . 3) Overtime reimbursements will be made directly to the agency by the FBI. All overtime reimbursement payments are made by electronic fund transfer (gfT). An ACH Vendor/Miscellaneous Payment Enrollment Form must be on file wich the FBI to facilitate EFT. 4) Overtime reimbursements will be calculated at the usual rate for which the individual officer's time would be compensated in the absence of this agreement . However, said reimbursement, per officer, shall not exceed monthly and/or annual limits established annually by the FBI. The limits, calculated using Federal pay tables, will be in effect for the Federal fiscal year running from October 1st of one year through September 30th of the following year, unless changed during the period. The FBI reserves the right to change the reimbursement limits, upward or downward, for subsequent periods based on fiscal priorities and appropriations limits. The FBI will notify the agency of the applicable annual limits prior to October 1st of each year. 5) The number of agency officers assigned full-time to the task force and entitled to overtime reimbursement by the FBI shall be approved by the FBI in advance of each fiscal year. Based on the needs of the task force, this number may change periodically, upward or downward, as approved in advance by the FBI. 6) Prior to submission of any overtime reimbursement requests, the agency must prepare an official document setting forth the identity of each Printed by CLB\ercusto 11/2/2019 8:29:45 AM .. , , . . \ ,i officer assigned full-time to the task force, along with the regular and overtime hourly rates for each officer. Should any officers change during the year, a similar statement must be prepared regarding the new officers prior to submitting any overtime reimbursement requests for the officers. The document should be sent to the field office for FBI review and approval. • 7) Each request for reimbursement will include the name, rank, ID number, overtime compensation rate, number of reimbursable hours claimed, and the dates of those hours for each officer for whom reimbursement is sought. The request must be accompanied by a certification, signed by an appropriate Supervisor of the agency, that the request has been personally reviewed, the information described in this paragraph is accurate, and the personnel for whom reimbursement is claimed were assigned full-time to the task force. 8) Each request for reimbursement will include an i nvoice number, invoice date, taxpayer identification number (TIN), and the correct banking information to complete the electronic funtl transfer. The necessary banking information is the Depositor Account Title, Bank Account Number, Routing Number, and Type of Account (either checking, savings, or lockbox). If the banking information changes, a new ACH Vendor/Miscellaneous Payment Enrollment Form must be submitted to the FBI . 9) Requests for reimbursement must be received by the FBI no later than December 31st of the next fiscal year for which the reimbursement applies. For example, reimbursements for the fiscal year ending September 30, 20~A, must be received by the FBI by December 31, 20~~-The FBI is' not obligated to reimburse any requests received after that time. 10) This agreement is effect ive upon signature of the parties and wi ll remain in effect for the duration of the agency's participation in the task force, contingent upon approval of necessary funding, and unless terminated in accordance with the provisions herein. This agreement may be modified at any time by written consent of the parties. It may be terminated at any time upon mutual consent of the parties, or unilaterally upon written notice from the terminating party to the other party at least 30 days prior to the termination date. -2-J l. Date each Police Department FOR THE FBJ:: l(~~3M~ Ti~Delaney Date Special Agent in Charge Officer ters ryV.Taylor Contracting Officer Federal Bureau of Investigation Printed by CLB\ercusto 11/2/2019 8:29:46 AM • • Memorandum of Agreement ATF • No mention of training, deadly force, less lethal, or any policies or practices listed in this MOA Printed by C LB\ercusto 11/2/2019 8:29:46 AM • • • U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Washington, DC 20226 www.atf.gov MEMORANDUM OF AGREEMENT Between the Bureau of Alcohol, Tobacco, Firearms and Explosives and Long Beach Police Department for Reimbursement of Overtime Salary Costs associated with ATF TASK FORCE *********** This Memorandum.of Agreement (MOA) is entered into by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Long Beach Police Department for the purpose of reimbursement of overtime salary costs and other costs, with prior A TF approval, including but not limited to travel, fuel, training, and equipment, incurred by the Long Beach Police Department in providing resources to assist A TF. Payments may be made to the extent they are included in A TF's Fiscal Year Plan and the monies are available to satisfy the request(s) for reimbursable overtime expenses. I. DURATION OF THIS MEMORANDUM OF AGREEMENT This MOA is effective with the signatures of all parties and terminates at the close of business on September 30, 2016, subject to Section VII of the MOA. II. AUTHORITY This MOA is established pursuant to the following provisions: 1. Title 28, U.S.C., Section 524(c), the Department of Justice, Asset Forfeiture Fund, which provides for the reimbursement of certain expenses of local, county, or State law enforcement agencies incurred as participants in joi,nt operations/task forces with a Department of the Justice law enforcement agency . Printed by CLB\ercusto 11/2/2019 8:29:47 AM • III. • IV. V. • Printed by C LB\ercusto 11/2/2019 8:29:48 AM 2. Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Bill, which provides for the reimbursement of overtime salary costs of local, county, or State law enforcement agencies incurred while assisting A TF in joint law enforcement operations. 3. Title 31, U.S.C., Section 9703, the Treasury Forfeiture Fund Act of 1992, which provides for the reimbursement of certain expenses oflocal, county, or State law enforcement agencies incurred as participants in joint operations/task forces with a Federal law enforcement agency. Ifavailable, the funding for fiscal years 2012, 2013, 2014, 2015 and 2016 is contingent upon annual appropriation laws, Title 28, U.S.C., Section 524(c), annual appropriations, and Title 31, U.S.C., Section 332. If available, funding allocations for reimbursement of expenses will be transmitted through a separate document. This Memorandum of Agreement (MOA) is not a funding allocation document. PURPOSE OF THIS MEMORANDUM OF AGREEMENT This MOA establishes the procedures and responsibilities of both the Long Beach Police Department and ATF for the reimbursement of certain overtime and other pre-approved expenses incurred pursuant to the authority in Section II. NAME OF JOINT OPERA TION/f ASK FORCE (if applicable) The name of this joint operation/task force: ATF TASK FORCE CONDITIONS AND PROCEDURES A. The Long Beach Police Department shall assign officer(s) to assist ATF in investigations of Federal, state, and local laws. To the maximum extent possible, the officer(s) will be assigned on a dedicated, rather than rotational basis. The Long Beach Police Department shall provide ATF with the name(s), title(s), and employee identification number(s) of the officer(s) assigned to the investigation. B. The Long Beach Police Department shall provide ATF, within ten (10) calendar days of the signing of this MOA, with a contact name, title, telephone number and address. The Long Beach Police Department shall also provide the name of the official responsible for providing audit information under paragraph VI ofthis MOA, and the name of the official authorized to submit an invoice to A TF under paragraph V, subparagraph E. 2 • • Printed by CLB\ercusto 11/2/2019 8:29:48 AM C. Toe Long Beach Police Department shall provide ATF, within ten (10) calendar days of the signing of this agreement, with the financial institution where the law enforcement agency wants the Electronic Funds Transfer (EFf) payment deposited for reimbursement. The mechanism for this is the SF 3881, ACH Vendor/Miscellaneous Payment Enrollment Form, {Attachment A). Within the ACH, the DUNS Number should be provided (DUNS -Data Universal Numbering System, identifies business entities on a location-specific basis) under the Agency Information section -Additional Information. When completed, forward this form to the appropriate A TF field office address: ATF, ATTN: John E. D' Angelo, 301 E. Ocean Blvd., STE 2050 Long Beach, CA 90802. D. Toe Long Beach Police Department may request reimbursement for payment of overtime expenses and other costs with prior A TF approval, including but not limited to travel, fuel, training, and equipment, directly related to work performed by its officer(s) assigned as members of a joint operation/task force with ATF for the purpose of conducting an official investigation. E. Invoices submitted to A TF for the payment of expenses must be submitted on the appropriate forms as provided by ATF. The invoice shall be signed by an authorized representative of the Long Beach Police Department and submitted to A TF field office for signature and verification of the invoice. F. The Long Beach Police Department will submit all requests for reimbursable payments, together with the appropriate documentation to A TF by the l 0th day of each subsequent month that the agency is seeking reimbursement. (1) If the reimbursement request is not received by the ATF field office by the 10th of the subsequent month, the ATF field office will advise the agency, in writing, that the reimbursement request is late, and if the reimbursement request is not received within the next IO working days, the overtime costs will not be reimbursed. (2) No waivers or extensions will be granted or honored. The Long Beach Police Department will submit the request for reimbursement via fax, email or mail to the following address: ATF, ATTN: John E. D'Angelo, 301 E. Ocean Blvd., STE 2050 Long Beach, CA 90802. G. The A TF Supervisor shall be responsible for certifying that the request is for 9vertime expenses incurred by the Long Beach Police Department for participation with A TF during the joint operation/task force. The responsible State or local official shall also certify that requests for reimbursement of expenses have not been made to other Federal law enforcement agencies. 3 • • H. The Long Beach Police Department acknowledges that they remain fully responsible for their obligations as the employer of the officer(s) assigned to the joint operation/task force and are responsible for the payment of the overtime earnings, withholdings, insurance coverage, and all other requirements by law, regulations, ordinance or contract regardless of the reimbursable overtime charges incurred. I. All reimbursable hours of overtime work covered under this MOA must be approved in advance by the ATF supervisor. J. The A TF supervisor will forward all approved reimbursement requests to the Special Agent in Charge, Field Assets and Resource Management Branch, Asset Forfeiture & Seized Property Section for payment. K. This document (MOA) does not obligate funds. Funding authority, with maximum reimbursement costs to any one law enforcement officer during the fiscal year (October 1 -September 30); will be provided through other documents. The agency will receive an allocation confirmation from the field division. VI. PROGRAM AUDIT This MOA and its procedures are subject to audit by A TF, the Department of Justice, Office of Inspector General, the Government Accountability Office, and other auditors authorized by the Federal government. The Long Beach Police Department agrees to permit such audits and agrees to maintain all records relating to these transactions for a period of not less than three years; and in the event of an on-going audit, until such time as the audit is completed. These audits include reviews of any and all records, documents, reports, accounts, invoices, receipts, or expenditures relating to this agreement; as well as, the interview of any and all personnel involved in these transactions. VII. REVISIONS The terms of this MOA may be amended upon written approval by the original parties, or their designated representatives. Any amendment to this MOA becomes effective upon the date of approval as stated in the amendment. Either party can cancel this MOA upon 60- calendar day's written notice to the other party. The ATF will only process request for overtime for overtime incurred before the date of cancellation, absent a specific written agreement to the contrary. VIII. NO PRIVATE RIGHT CREATED This is an internal Government agreement between ATF and the Long Beach Police Department and is not intended to confer any right or benefit to any private person or party. ******************* 4 Printed by CLB\ercusto 11/2/2019 8:29:49 AM Jim McDonell Chief of Police Long Beach Police Department Date: ------ David C. Horn (Acting) Deputy Chief Financial Officer Office of Management ATF Date 10/2WJ Printed by CLB\ercusto 11/2/2019 8:29:50 AM -\:Jt>hn Torres Special Agent in Charge Los Angeles Field Division ATF #>-~ 5 Assistant Director Field Operations ATF Date: /6;~ Joint Powers Agreement for Los Angeles lnteragency Metropolitan Police Apprehension Crime Task Force • No mention of training, deadly force, less lethal, or any policies or practices listed in this MOA • No references are made regarding officers assigned to the L.A. Impact and adherence to parent policies regarding force. Printed by CLB\ercusto 11/2/2019 8:29:51 AM • 32847 JOINT POWERS AGREEMENT FOR LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE (L.A. IMPACD This Agreement is executed by and among those public agencies, duly organized and existing, which are parties signatory to this Agreement. All such public agencies, hereinafter each called ~rr;,ber, shall be listed in Exhibit A to the Agreement. This Agreement.is dated 21 ,, ~or reference purposes. Each public agency executing this Agreement shall be referred to individually as "Member," with all referred to collectively as "Members." RECITALS WHEREAS, the Members have and possess the power and authorization to organize and establish a consolidated law enforcement task force to address criminal justice issues for the benefit of the lands and inhabitants within their respective boundaries; and WHEREAS, the Members propose to join together to establish, operate, and maintain a joint powers authority for the purpose of integrating resources and investigative efforts to address emerging criminal justice issues and for the benefit of their respective lands and inhabitants; and WHEREAS, it is in the public interest to provide a means by which other public agencies may request services for the benefit of their lands and inhabitants; and WHEREAS, the Members have the authority under the Joint Exercise of Powers Act, in California Government Code Section 6500 et seq. (the "Act"), to enter into this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein the parties hereto agree as follows: ARTICLE 1 DEFINITIONS "Act" shall mean the Joint Exercise of Powers Act, in California Government Code Section 6500 et seq. "Authority" shall mean the LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE (L.A. IMPACT) created by this Agreement. i; '· -1• •J I' i, • P . t d b 1-27-11 rm e y CLB\ercusto 11/2/2019 8:29:51 AM •• • 11Associate Member" means a public agency which is a party to an Associate Membership Agreement entered into between the Authority and such public agency pursuant to Article 4 hereof. "Board of Directors" or "Board11 shall mean the governing body of the Authority. "Bylaws" shall mean guidelines adopted by the Board of Directors setting forth policies and procedures for the operation of the Authority and for the exercise of the Board's powers granted in this Agreement. "Controller" shall mean the chief financial officer designated with the primary responsibility for financial accounting and reporting. "Executive Committee11 shall mean the Executive Committee of the Board of Directors of the Authority. "Fiscal Year" shall mean that period of twelve months which is established by the Board of Directors or the Bylaws as the fiscal year of the Authority. "Government Code" shall mean the California Government Code, as it may be amended from time to time. "Member(s)" means any public agency as the term "public agency" is defined by Section 6500 of the Joint Powers Law, which includes, but is not limited to, any federal, state, county, city, public corporation, public district of this state or another state, or any joint powers authority formed pursuant to the Joint Powers Law by any of these agencies which has executed this Agreement and has become a member of the Authority. ARTICLE 2 PURPOSES 2.01 The purpose of the Authority is to establish a separate organization for the exercise of powers common to the Members, which may include promoting coordinated law enforcement efforts and facilitating the integration, investigation and sharing of criminal justice information, data, and issues in the manner set forth in this Agreement. 2.02 The Authority is intended to promote coordinated law enforcement efforts, and to address emerging criminal justice issues throughout the Los Angeles County area and other areas that appear to have a connection or nexus to Los Angeles County, encouraging maximum cooperation between all law enforcement and prosecutorial agencies, and promoting the safety of both police personnel and the public, accomplished in an effective manner within constitutional guidelines, including but not limited to: 2 1-27-11 Printed by CLB\ercusto 11/2/2019 8:29:52 AM •• a) Target, investigate, and cause to be prosecuted individuals who organize, direct, finance, or otherwise engage in drug trafficking enterprises or money laundering, placing a high priority on those subjects engaged in the importation of drugs and to interdict such illicit supply lines and seize their drugs. b) Identify, cause to be prosecuted and ultimately cause to be convicted drug traffickers and to seize assets derived through drug trafficking through the effective methods of a task force approach. c) Use short and long term investigations to focus on the eradication of criminal activity within street gangs by extracting the criminal hierarchy and disrupting the organizational flow of street gangs. d) Assist Members or Associate Members, when requested, in criminal investigations, lending of equipment, sharing of information, providing support personnel, specialized expertise, training or other needs that the Authority can provide at the time the request is made. e) Assist non-Member agencies, when requested and with the approval of the Executive Director or designee, in criminal investigations, lending of equipment, sharing of information, providing support personnel, specialized expertise, training or other needs that the Authority can provide at the time the request is made . f) Apply for grants and implement programs to address issues of narcotics, terrorism and Homeland Security. ARTICLE 3 PARTIES TO AGREEMENT; EFFECTIVE DATE 3.01 Each Member, as a party to this Agreement, certifies that it intends to and does contract with all other Members as parties to this Agreement and with such other public agencies as later may be added as parties to this Agreement. 3.02 This Agreement shall become effective, and the Authority shall come into · existence, when the following event occurs (the "Effective Date"): a) This Agreement is authorized and executed by not less than ten (10) public agencies; and b) Forty-five days has elapsed after the authorization and execution by not less than ten (10) public agencies. 3.03 The Board shall also designate a period, which shall be not less than 180 days after the Bylaws are adopted, during which Members may submit written notice of immediate withdrawal from the Authority. There will be no costs for any 3 1-27-11 Printed by C LB\ercusto 11/2/2019 8:29:53 AM • • Member that withdraws from the Authority within this time period. It is the intent of the Members that Bylaws will be developed and adopted by the Board, as authorized under Section 6.04(a), and that the Authority will seek applicable and necessary liability coverage during this period. Notice shall be given to all Members pursuant to Section 18.02 within five (5) days of adoption of the Bylaws. The notice shall include a copy of the adopted Bylaws and a statement of the extent and type of liability coverage which the Authority can obtain,. After the Bylaws have been adopted, Members may withdraw from the Authority during the specified period in accordance with . the provisions of this Section 3.03. After expiration of said stated time period, any Member may withdraw from the Authority in accordance with Article 16 herein below. ARTICLE 4 ASSOCIATE MEMBERSHIP AGREEMENT 4.01. Power to Enter Into Associate Membership Agreements. In addition to those powers specified in this Agreement, the Authority shall have the power to enter into Associate Membership Agreements with any public agency upon the approval thereof by the Board . 4.02. Contents of Associate Membership Agreement. Each Associate Membership Agreement shall: a) Authority. State that the public agency is an Associate Member of the b) Specify that the purpose of the Associate Membership Agreement is (i) to facilitate cooperation between law enforcement agencies to carry out the stated purposes of the Authority; and/or (ii) to contribute law enforcement personnel, who shall remain under the general direction and control of the respective Associate Member agency to which they belong, to the Authority to assist in carrying out the activities of the Authority. c) Restrict the powers and obligations of such public agency with respect to the Authority to those enumerated in this Article 4; d) Specify that such public agency shall not have the power to: (i) vote on any action to be taken by the Authority; or (ii) appoint a Director to the Board; e) Specify the fees, if any, to be charged such public agency for its participation in the Authority; and 4 1-27-11 Printed by CLB\ercusto 11/2/2019 8:29:54 AM • f) Specify to what extent, if any, the Associate Member may share in asset distributions. · 4.03. Approval of Associate Membership Agreements. In determining whether to approve an Associate Membership Agreement with a public agency which proposes to be an Associate Member, the Directors may take into account any criteria deemed appropriate to the Directors. ARTICLE 5 POWERS 5.01 The Authority shall possess in its own name, and the Members delegate to it, the following enumerated powers: a) To make and enter into, in its own behalf and not on behalf of the individual Members, contracts consistent with this Agreement, including, but not limited to, contracts to purchase/lease and/or dispose of supplies and equipment,. b) To receive gifts, contributions, and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations, and any governmental entity, in accordance with applicable Los Angeles County Conflict of Interest Code and State conflict of interest laws . c) To sue and be sued in its own name. d) To apply for appropriate grants under any Federal, State, or local programs for assistance in developing any of its programs or providing services to other public entities. e) To issue bonds and to otherwise incur debts, liabilities and obligations, provided that no such bond , debt, liability or obligation shall constitute a debt, liability or obligation of the individual respective Members. f) To appoint committees, adopt rules, regulations, policies, Bylaws, and procedures governing the operation of the Authority. g) To add Members or Associate Members to the Authority as approved by the Authority Board of Directors and the existing Members as provided herein. h) To appoint/hire officers, employees, agents, or consultants and adopt personnel rules and policies governing officers and employees. i) To reimburse Members for overtime expenditures of a Member's contributed personnel who is/are assigned to assist in carrying out the activities 5 1-27-1 1 Printed by CLB\ercusto 11/2/2019 8:29:54 AM • • of the Authority as directed by the Executive Director of the Authority and approved by the Executive Committee in accordance with Section 13.06 of this Agreement. Said overtime expenditures, if any, shall be paid in accordance with all applicable State and Federal laws, including the Fair Labor Standards Act. j) To purchase equipment with prior approval by the Executive Director and pursuant to a purchasing policy adopted by the Board of Directors in accordance with Section 5.04. k) To distribute proceeds from asset forfeiture seizures to Members, and to Associate Members as applicable, in accordance with rules and formula specified in the Bylaws and applicable Federal and State law. I) To assign personnel contributed from the Members or Associate Members to positions that fulfill the needs of the Authority, who shall remain under the general direction and control of the respective Member or Associate Member agency to which such personnel belong. m) To invest and manage Authority funds, by and through the Treasurer, in accordance with State law. n) To obtain all types of insurance as may be necessary to cover the liabilities of the Authority or its Members as determined by the Board . o) To exercise such other powers and authority as are necessary and proper to carry out its functions herein, and as provided in the Act. 5.02 Each Member expressly retains all rights and powers to investigate, finance, plan, develop, construct, equip, maintain, repair, manage, operate and control equipment, facilities, properties, projects, and information that it deems in its sole discretion to be necessary or desirable for its own criminal justice needs, and that are authorized by the laws governing it. This Agreement shall not be interpreted, and the Authority created herein, shall not have the power to impair ---·-· -· · --· --· ·or cohtrot .. ~n,y· of tne· Melnbe·rs•-··respective -rights, powers, or title to sucn • investigations, equipment, facilities, properties, information, and projects, nor shall any Member be required to provide additional personnel, equipment, or services to the Authority than as provided in this Agreement, without the written consent of the Member. 5.03 Each Member expressly retains all rights and powers to use other funds or funding sources to investigate, finance, plan, develop, construct, equip, maintain, repair, manage, operate, and control equipment and facilities for their criminal justice needs. 5.04 Pursuant to and to the extent required by Government Code Section 6509, including the power to contract, the Authority shall be restricted in the exercise of 6 1-27-11 Printed by CLB\ercusto 11/2/2019 8:29:55 AM • • its powers in the same manner as the City of Los Angeles is restricted in its exercise of similar powers; provided that, if the City of Los Angeles shall cease to be a Member, then the Authority shall be restricted in the exercise of its power in the same manner as the City of Long Beach. ARTICLE 6 ORGANIZATION 6.01 Composition of Board.· The Authority shall be governed by the Board of Directors, which shall be composed of the President of the Los Angeles County Police Chiefs Association, the Police Chief of the city law enforcement agency of each Member city, the Los Angeles County Sheriff, and any designated representative of any Federal or State agency which is a Member. The Police Chief of the City of Los Angeles and the Los Angeles County Sheriff may designate an alternate to act in his/her place on the Board, provided the alternate is a person at executive command rank. Each Member shall provide a written designation of its Director representative to the Authority. The Board shall maintain a list of all current Members in good standing who serve on the Board, including but not limited to any Federal or State agency which is a Member. The Board of Directors may allow for an alternate of the designated representative to the Authority in accordance with the Bylaws of the Authority. 6.02 Termination of Status as Director. A Director shall be removed from the Board of Directors upon the occurrence of any one of the following events: a) The withdrawal or removal of the Member from the Authority; b) The death or resignation of the Director; c) The Authority's receipt of written notice from the Member that the Director is no longer qualified as provided in Section 6.01 of this Article. 6.03 Compensation. Directors and their alternates, if any, are not entitled to compensation by the Authority. The Board of Directors may authorize reimbursement of expenses incurred by Directors in the performance of services for·the Authority where such expenses are not paid by the employing Member. 6.04 Powers of Board. The Board of Directors shall have the following powers and functions: a) Except as otherwise provided in this Agreement, the Board shall exercise all powers and conduct all business of the Authority, either directly or by delegation to other bodies or persons. The primary objective of the Board is to establish overall policy and strategy. As such, the Board may adopt Bylaws or other guidelines setting forth policies and procedures for the operation of the Authority and for the exercise of the Board's powers granted herein . 7 1-27-11 Printed by CLB\ercusto 11/2/2019 8:29:56 AM ·• • • Printed by b) The Board shall form an Executive Committee, as provided in Article 8. The Executive Committee may exercise all powers or duties of the Board, except (i) the adoption of the Authority's annual budget or any amendments thereto, (ii) the adoption of the Bylaws or any amendments thereto, and (iii) the issuance of bonded debt, which powers are expressly reserved to the Board. All actions by the Executive Committee shall be subject to review, and approval, modification or disapproval, by the Board at its discretion. c) The Board may form, as provided in Article 10, such other advisory comm ittees as it deems appropriate or it may delegate such power to the Executive Committee in the Bylaws or by resolution of the Board. The membership of any such other committee may consist in whole or in part of persons who are not members of the Board. d) The Board shall cause to be prepared, and shall review, modify as necessary, and adopt the annual operating budget of the Authority. To the extent that the budget includes funding by Members, such funding is subject to approval by the governing bodies of those Member agencies. Adoption of the budget may not be delegated. e) The Board shall receive, review and act upon periodic reports and audits of the funds of the Authority, as requ ired under Articles 10 and 13 of this Agreement. f) The Board shall develop the rules and formula for the distribution of proceeds from asset forfeiture seizures, consistent with applicable Federal and State law, to its participating Members and Associate Members which are reasonably . related to each such participant's contribution of personnel and/or participation in the activities of the Authority. g) The Board shall have such other powers and duties as are reasonably necessary to carry out the purposes of the Authority including but not limited to adopting contracting and purchasing rules and regulations, in accordance with Section 5.04, internal financial controls, personnel rules and regulations, and similar rules and regulations consistent with State law governing public agencies. h) Meetings of the Board of Directors, Executive Committee, and any other "legislative body" of the Authority, as that term is defined in Section 54952 of the Government Code, shall be called, noticed, and conducted in accordance with the Ralph M. Brown Act, Section 54950 et seq. of the Government Code. ARTICLE 7 MEETINGS OF THE BOARD OF DIRECTORS 7.01 Regular Meetings. The Board of Directors shall hold at least two (2) regular meetings each year. The Board of Directors shall fix by resolution or in 8 1-27-11 C LB\ercusto 11/2/2019 8:29:57 AM • • •• the Bylaws the date upon which, and the hour and place at which, each regular meeting is to be held. 7.02 Minutes. The Authority shall have minutes of each regular, adjourned regular, and special meetings kept by the Secretary. As soon as practicable after each meeting, the Secretary shall forward to each Board member a copy of the minutes of such meeting. 7.03 Quorum. A majority of all members of the Board and the E~ecutive Committee, respectively, is a quorum for the transaction of business. A vote of the majority of a quorum at a meeting of the Board or the Executive Committee is sufficient to take action unless otherwise provided in the Bylaws; except that a majority of all members of the Board is required in order to take action on: (i) the adoption of the Authority's annual budget and any amendment(s) thereto, (ii) the adoption of the Bylaws and any amendment(s) thereto, and (iii) the issuance of any bonded debt of the Authority. However, less than a quorum may adjourn from time to time but may not take action on matters before the Board or Executive Committee. 7.04 Voting. Each Member of the Board shall have one vote. ARTICLE 8 EXECUTIVE COMMITTEE 8.01 The Board shall establish an Executive Committee which shall consist of a total of thirteen (13) Directors selected from the Board, which shall include the President of the Los Angeles Police Chiefs Association, the Sheriff of the County of Los Angeles or his/her designee (provided such designee shall be at an executive command level) and the Chair of the Authority designated pursuant to Article 9. Except as otherwise provided herein, the composition, the terms of office of the Directors, and the conduct of the Executive Committee shall be as provided in the Bylaws. The Executive Committee shall conduct the business of the Authority between meetings of the Board, exercising all those powers as provided for in Section 6.04(b), or as otherwise delegated to it by the Board. 8.02 Each Director on the Executive Committee shall be confirmed and approved by the Board of Directors, and, with the exception of the President of the Los Angeles County Police Chiefs Association, must be a Member with personnel assigned to the taskforce. 8.03 Any vacancy on the Executive Committee shall be filled by the Board within ninety (90) days of the vacancy. ARTICLE 9 OFFICERS 9 1-27-11 Printed by CLB\ercusto 11/2/2019 8:29:58 AM • • 9.01 The Board shall nominate and elect a Chair, Vice Chair, and Secretary of the Authority, each for a term of two (2) years, from among the Directors at its last meeting of every other Fiscal Year. Each officer shall assume the duties of the respective office upon election. If an officer ceases to be a member of the Board, the resulting vacancy shall be filled at the next regular meeting of the Board held after the vacancy occurs or at a special meeting of the Board called to fill such vacancy. In the absence or inability of the Chair to act, the Vice Chair shall act as Chair. The Chair shall preside at and conduct all meetings of the Board. The Board may appoint such other officers as it considers necessary and as provided in the Bylaws. ARTICLE 10 COMMITTEES 10.01 The Board may establish advisory committees as it deems appropriate or it may, in the Bylaws or by resolution , delegate such power to the Executive Committee. Members of committees shall be appointed by the Board or the Executive Committee. Each committee shall have those duties as determined by the Board or the Executive Committee or as otherwise set forth in the Bylaws. Each committee shall meet on the call of its chairperson, and shall report to the Executive Committee and the Board as directed by the Board or the Executive Committee. ARTICLE 11 LIABILITY OF BOARD OF DIRECTORS, OFFICERS AND COMMITTEE MEMBERS 11 .01 The members of the Board of Directors, officers and committee members of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No Director, officer or committee member shall be responsible for any action taken or omitted by any other Director, officer or committee member. No Director, officer or committee member shall be required to give a bond or other security to guarantee the faithful performance of his or her duties pursuant to this Agreement. The Authority shall acquire and maintain insurance protection as is necessary to protect the interest of the Authority and its Members in its administration of the Authority in accordance with Section 14.06 below. ARTICLE 12 STAFF 12.01 Principal Staff. The following staff members shall be appointed by and serve at the pleasure of the Executive Committee: IO 1-27-11 Printed by CLB\ercusto 11/2/2019 8:29:58 AM • • • a) Executive Director. The Executive Director shall administer the daily business and activities of the Authority, subject to the general supervision and policy direction of the Board and the Executive Committee; shall be responsible for all minutes, notices and records of the Authority; shall administer all contracts; may enter into contracts within authority set by the Board or Executive Committee, and shall perform such other duties as are assigned by the Board or Executive Committee. The Executive Director shall be a peace officer employed by one of the Members or Associate Members of the Authority and shall have obtained senior law enforcement management rank that will provide a range of operational capability to the Authority. b) Legal Counsel. With the approval of the Board , legal counsel shall be provided by one or more Member agencies to serve as general counsel ("General Counsel") to the Authority, except to the extent that among those agencies, conflicts of interest prevent such representation. The specific and ongoing duties of General Counsel may be rotated, as determined among those agencies, and shall be on a voluntary basis at no cost to the Authority. However, nothing in this Agreement shall prevent or be construed to prevent the Authority from seeking and engaging legal counsel from a private legal firm to handle any matter, subject to the approval of the Executive Committee. 12.02 Support Staff. Subject to the approval of funding in the Authority's budget and to the general supervision and direction of the Board and Executive Committee, the Executive Director shall provide for the appointment of such other staff as may be necessary for the administrative support of the Authority, which staff shall be employees of the Authority. Upon mutual agreement, a Member may provide supplemental administrative support services in exchange for reimbursement by the Authority, or as a contribution credit for services. Administrative personnel of a Member performing these functions remain employees of the contributing Member, and are not employees of the Authority. 12.03 Treasurer and Controller. Pursuant to Section 6505.5 of the Act, the City of La Verne Treasurer and Controller are hereby designated as the Treasurer and Controller, respectively, of the Authority. The Treasurer shall be the depository and have custody of all funds of the Authority. The Controller shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. The Treasurer and Controller shall have the duties and obligations set forth in Section 6505 and 6505.5 of the Act, as those sections may be amended from time to time. To the extent permitted by the Act, the Board of Directors may change the Treasurer and Controller of the Authority to any person or entity that is authorized by the Act to occupy such offices. 12.04 Compensation. With the exception of payments to the City of La Verne for work performed by the Treasurer and Controller, per a written agreement 11 1-27-11 Printed by C LB\ercusto 11/2/2019 8:29:59 AM • ·• approved by the Board of Directors for financial services, there shall be no direct compensation paid by the Authority to any individuals contributed by a Member or Associate Member agency to serve in the capacity as an officer of the Authority, such as the Executive Director, Treasurer, General Counsel, or any other individuals who are employed by a Member or Associate Member agency and contributed to the Authority under this Article 12. The Authority shall consider the services of such personnel as part of a formula for the purpose of the distribution of proceeds from asset forfeiture seizures as provided in Section 5.01(k) to the contributing Member or Associate Member, unless direct reimbursement is otherwise authorized pursuant to Section 12.02 or Section 13. 06 of th is Agreement. 12.05 Personnel Contributed by Members. Participating personnel (both sworn and non-sworn) assigned to the Authority by a Member or Associate Member shall not be considered employees or contractors of the Authority for any purpose. Such personnel shall during the period of assignment remain employees of the assigning Members or Associate Members. ARTICLE 13 BUDGET, OPERATING FUNDS, AND AUDITS 13.01 Annual Budget. The Executive Director will prepare and submit to the Board of Directors in sufficient time for revision and adoption prior to July 1 of each year, the annual budget of the Authority for the next succeeding Fiscal Year. 13.02 Disbursement of Funds. The Executive Director or his/her designee shall cause to have warrants drawn for the payment of funds or disbursements and such requisition for payment in accordance with rules, regulations, policies, procedures, and by-laws adopted by the Board. The Executive Director may apply for and receive and use credit cards for the sole purpose of conducting Authority business in accordance with written rules and regulations adopted pursuant to AB 1234. 13.03 Accounting. All funds received by the Authority shall be placed in the custody of the Treasurer. These funds shall be given object accounts, and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for by the Controller in accordance with generally accepted accounting principles applicable to governmental entities. There shall be strict accountability of all funds by the Controller. All revenues and expenditures shall be reported by the Controller to the Executive Committee on a quarterly basis, unless otherwise required by the Board of Directors. 13.04 Approval of Expenditures. All expenditures within the approved budget shall be made upon the approval of the Executive Director in accordance with the rules, policies, and procedures adopted by the Board . 12 1-27-11 Printed by C LB\ercusto 11/2/2019 8:30:00 AM • • •• 13.05 Records and Audit. The Controller shall cause to be kept accurate and correct books of account showing in detail all financial transactions of the Members relating to the Authority, which books of account shall correctly show any receipts and also any costs, expenses, or changes paid or to be paid to a Member. Said books and records of the Authority in the hands of the Controller shall be open to inspection at all times during normal business hours by any representative of a Member, or by any accountant or other person authorized by a Member to inspect said books of records. The Controller shall cause the books of account and other financial records of Authority to be audited annually, or biennially if so authorized by the Board of Directors, by an independent certified public accountant and any cost of the audit shall be paid by the Authority. The minimum requirements shall be those prescribed by the State Controller under California Government Code section 26909 and in conformance with generally accepted auditing standards. The annual audit, or biennial as the case may be, shall be submitted to the Board of Directors and the Executive Committee when completed. 13.06 Compensation of Contributed Personnel. All participating personnel contributed and assigned to the Authority by a Member or Associate Member shall have their salary, benefits, and overtime paid by the respective Member or Associate Member. The Authority may, but is not obligated to, reimburse a Member or Associate Member for the overtime of sworn personnel and/or for salary, benefits and overtime of non-sworn personnel contributed for administrative support as authorized by Section 5.01 (i) and Section 12.02, respectively and as approved by the Executive Director. It shall be the responsibility of the Authority to institute an auditing system wherein the hours worked by each individual will be documented and reported on a weekly basis, li~ting case reference numbers for submission in a timely manner to the individual's contributing agency. ARTICLE 14 INDEMNIFICATION AND INSURANCES 14.01 Obligations of the Authority. The debts, liabilities and obligations of the Authority ("Authority Obligations") shall be the debts, liabilities and obligations of the Authority alone. The Authority Obligations shall not constitute debts, liabilities and obligations of any individual Member, and the Members shall have no liability therefore. 14.02 Contributed Member Employees. The Members acknowledge that each Member may be contributing and assigning its own personnel to a cooperative pool of personnel to provide service to the Authority. Each such contributing Member shall be solely responsible for and retain all debts, liabilities, and other obligations for all activities of its employees while acting in the course and scope of their assignment to the Authority, and shall maintain sufficient insurance 13 1-27-11 Printed by CLB\ercusto 11/2/2019 8:30:01 AM • • :e coverage, as determined by the Member, in effect at all times to cover any such claim, loss, liability, or obligation, or otherwise provide for payment of such liability. Members may elect to self insure any insurance obligation under this Agreement. 14.03 Member Indemnity for General Liability of Contributed Employee. Except as provided in Section 18.05, each Member shall protect, defend, indemnify, and hold free and harmless the Authority and the other Members, their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by a contributed employee of the Member who is performing Authority law enforcement or support functions, including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any way connected with the alleged willful or negligent acts or alleged failure to act in the course and scope of carrying out their responsibilities in the performance of their duties to the Authority and for which each Member shall maintain sufficient liability coverage, pooled self-insurance coverage, or a program of self-insurance, which includes coverage for contractual promises to indemnify, in effect at all times as determined by the Board of Directors, to cover any such damage claim, loss, cost, expense, action, proceeding, liability, or obligation . 14.04 Member Indemnity for Workers Compensation Liability of Contributed Employee. Each Member shall fully indemnify and hold harmless the Authority and each other Member, its officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the respective agency or any contract labor provider retained by the law enforcement agency, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the law enforcement agency or any contract labor provider retained by the law enforcement agency. 14.05 Risk Management. The Authority shall employ the principles of sound risk management in its operations. Risks of loss shall be identified, evaluated, and treated in a manner that protects the Authority and each Member from adverse financial consequences. This may be accomplished in part through the purchase of appropriate commercial insurance. The Board of Directors may designate a Risk Manager from one of the Members (the "Authority Risk Manager") who shall act in an advisory capacity to the Board to provide guidance in the area of risk 14 1-27-11 Printed by CLB\ercusto 11/2/2019 8:30:02 AM • • • management, loss control, insurance procurement, and claims management. The Authority Risk Manager or his/her designee will be responsible for maintaining the original insurance policies and other risk management and insurance documents. 14.06 Authority Indemnity of Members. The Authority shall protect, defend, indemnify, and hold free and harmless the Members, their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by staff employed by the Authority hired pursuant to Section 12.02 including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any way connected with the alleged willful or negligent acts or alleged failure to act in the course and scope of carrying out their responsibilities in the performance of their duties to the Authority. ARTICLE 15 MEMBER RESPONSIBILITIES 15.01 Each Member shall have the following responsibilities: a) To appoint its Director, or alternate as may be allowed, to or remove from the Board as set forth in Article 6. b) To consider proposed amendments to this Agreement as set forth in Article 18. c) To make contributions in the form of membership premiums, assessments, and fees, if any, in accordance with the Bylaws and as determined by the Board, for the purpose of defraying the costs of providing the annual benefits accruing directly to each party from this Agreement. Any such contributions are subject to approval by the governing bodies of Member agencies from whom such contributions are sought. d) To provide to the Authority such other information or assistance as may be necessary for the Authority to carry out crime prevention programs as determined by the Board. ARTICLE 16 ADMISSION AND WITHDRAWAL OF PARTIES 16.01 Public agencies with law enforcement departments and federal and California law enforcement agencies may become Members of the Authority 15 1-27-11 Printed by CLB\ercusto 11/2/2019 8:30:02 AM • .-, Printed by upon approval and execution of this Agreement and under such terms and conditions as are determined by the Bylaws and upon approval of the Board. 16.02 The Executive Director shall file a notice of this Agreement within 30 days of its effective date with the office of the California Secretary of State, as required by Government Code Section 6503.5. Upon any change in membership, the Executive Director/Secretary shall file a notice of such change of membership within 10 days of its effective date with the Secretary of State and with the county clerk of each county in which the Authority maintains an office, as required by Government Code Section 53051. 16.03 Members may withdraw from the Authority in accordance with the following procedures and conditions: a) A Member may withdraw as provided and in accordance with Section 3.03 of this Agreement. b) After the expiration of the period provided in Section 3.03, a Member may withdraw as follows: (1) Effective Date of Withdrawal for a Member or Associate Member. S_uch withdrawal shall become effective sixty (60) days following the giving of written notice of withdrawal of participation by any Member or Associate Member agency to the Executive Director. This 60-day period will provide for the timely transfer of assignments and the selection of replacement personnel. 2) Disposition of Assets Upon Withdrawal. Upon the withdrawal of a Member or Associate Member, that agency will receive its allocation of assets, including asset forfeiture funds, accrued until the date of withdrawal. Such allocation shall be reduced by the amount of any delinquent fees or assessments owed by the Member or Associate Member. 16.04 The Board of Directors may terminate membership of any Member or Associate Member upon majority vote of the entire Board, upon the effective date set by the Board. ARTICLE 17 DISSOLUTION AND DISPOSITION OF ASSETS 17.01 Except as provided herein, the Members agree that all supplies and equipment purchased by the Authority shall be owned and controlled by the Authority as its sole and separate property and not as property of any Member. 17 .02 The Authority shall continue to exist and exercise the powers herein until the Authority is terminated and dissolved by a vote of two-thirds of the entire Board of Directors; provided, however, that no such dissolution shall be complete and final until the Authority has satisfactorily disposed of all financial obligations 16 1-27-11 C LB\ercusto 11/2/2019 8:30:03 AM • • • Printed by and claims, distributed all assets, and performed all other functions deemed necessary by the Board to conclude the affairs of the Authority. 17.03 Termination shall occur upon: a) The written consent of two-thirds of the Board of Directors; and b) Full satisfaction of all outstanding financial obligations of the Authority; and c) satisfied. All other contractual obligations of the Authority have been 17 .04 In the event of such termination of the Authority, any funds remaining following the discharge of all debts and obligations shall be disposed of by distribution to each Member who is on the Board immediately prior to the termination of the Authority, a share of such funds proportionate to the contribution made to the Authority by the Member which have accrued during its participation, to the extent determined by the Board in its sole discretion to be fair and equitable and consistent to the distribution of assets as specified in the Bylaws. 17.05 Notwithstanding any other provisions of the Agreement, the Members agree to abide by the following procedure for selling of equipment in the event the Agreement is terminated. The equipment shall be given a fair market value by an appraiser agreed upon by the Board. Before the·equipment is sold on the open market, each Member shall have the right to purchase the equipment at a price and under terms as agreed upon by the Board which may include a financing arrangement for the purchaser to allow for a transition period after the termination of this Agreement. If an agreement cannot be reached concerning a purchase of the equipment, then it shall be sold on the open market. Proceeds from the sale of equipment upon termination of the Agreement shall be distributed to the Members in a manner consistent with the distribution of assets as provided in the Bylaws, and any modifications to that formula adopted by the Board. ARTICLE 18 MISCELLANEOUS 18.01 Amendments. This Agreement may be amended with the majority approval of the Members; provided, however, that no amendment may be made that would adversely affect the interests of the owners of bonds, letters of credit, or other financial obligations of the Authority . 17 1-27-11 CLB\ercusto 11/2/2019 8:30:04 AM • Printed by 18.02 Notices. Any notice required or permitted to be made hereunder shall be in writing and shall be delivered in the manner prescribed herein at the principal place of business of each party. The party may give notice by: Personal delivery; E-mail; U.S. Mail, first class postage prepaid; Facsimile; or, Any other method deemed appropriate by the Board. At any time, by providing written notice to the other parties to this Agreement, any party may change the place, facsimile number or e-mail for giving notice. All written notices or correspondence sent in the described manner will be deemed given to a party on whichever date occurs earliest: The date of personal delivery; The fifth business day following deposit in the U.S. mail, when sent by "first class" mail; or, The date of transmission, when sent by e-mail or facsimile. 18.03 Effective Date. This Agreement shall be effective at such time as provided in Section 3.02. 18.04 Conflicts of Interest. No official, officer or employee of the Authority or any Member shall have any financial interest, direct or indirect, in the Authority. Nor shall any such officer or employee participate in any decision relating to the Authority that affects his or her financial interests or those of a corporation, partnership, or association in which he or she is directly or indirectly interested, in violation of any State law or regulation. The Authority shall be subject to a Los Angeles County Conflict of Interest Code, as adopted by the Board of Supervisors, and must comply with all filing and other requirements as set forth therein and in State law. 18.05 Dispute Resolution and Arbitration. Disputes regarding the interpretation or application of any provision of this Agreement shall first, to the extent reasonably feasible, be resolved by and between any Members, or by and between any such Member and the Authority, through consultation between the parties. In the event the parties cannot resolve their dispute, then the Executive Committee shall form a subcommittee of three non-interested, objective Members of the Executive Comm ittee who may resolve the dispute. 18 1-27-11 CLB\ercusto 11/2/2019 8:30:05 AM • • • In the event the dispute cannot be resolved by the subcommittee of the Executive Committee, as provided hereinabove, the parties to the dispute agree to resolve the matter through non-binding mediation by a mediator to be mutually selected by the disputing parties, unless the parties agree to a different process for dispute resolution. Either Party may take other available legal actions only after the procedures for alternative dispute resolution as specified in this Section 18.05 are complied with and completed. 18.06 Partial Invalidity. If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable or void for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 18.07 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Members hereto. 18.08 Assignment. No Member may assign any right, claim or interest it may have under this Agreement, and no creditor, assignee or third party beneficiary of any Member shall have any right, claim, or title to any part, share, interest, fund or asset of the Authority . 18.09 Governing Law. This Agreement is made and to be performed in the County of Los Angeles, State of California, and as such California substantive and procedural law shall apply. 18.10 Headings. The section headings herein are for convenience only and are not to be construed as modifying or governing the language of this Agreement. 18.11 Counterparts. This Agreeme.nt may be executed in counterparts. 18.12 Execution. The legislative body or governing body of each Member enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively. 18.13 Entire Agreement. This Agreement, supersedes any and all other agreements whether oral or written, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or modification of this Agreement shall be effective only if executed in writing and signed by the Authority and all Members . 19 1-27-11 Printed by C LB\ercusto 11/2/2019 8:30:06 AM IN WITNESS WHEREOF, each Member has caused this Agreement to be executed and attested by its proper officers thereunto duly authorized, its official seals to be hereto affixed, as follows: 1-27-11 Printed by CLB\ercusto 11/2/2019 8:30:07 AM 20 • City of Long Beach, California Authorization for Membership in the LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE (L.A. IMPACT) IN WITNESS WHEREOF, City of Long Beach, CALIFORNIA, by Resolution of its City Council has caused this Joint Powers Agreement to be executed on its behalf by the City Manager as of the date so executed below. Dated: 7 ,2.f 1 /( ---~-- City of Long Beach, CALIFORNIA By Assistant City Manager EXECUTED P ANT TO SECTION 301 OF THE CITY CHARTER. APPROVED AS TO FORM: Anderson u City Attorney Scott P1ckwith Committee Member -Chair 21 1-27-11 Printed by C LB\ercusto 11/2/2019 8:30:07 AM ~ REPRESENAJJYE l City of La Verne Scott Pldcwlth, Chief of Police 2 City of San Gabriel David Lawton, Chief of Police 3 City of Santa Monie> llmothy Jadcman, Chief of Pollce 4 City of Los Angeles Kevin McCarthy, Commander s County of Los Angeles Duane Harris, Captian 6 City of Bell Gardens Robert Barnes, Chief of Police 7 CA DOJ -Bur. of Narcotic Enforcemnent Jerry Hunter, AsslStllnt Chief 8 Oty of Downey Ride ESteves, Chief of Police 9 Oty of Gardena Edward Medrano, Chief of Poflce 10 Oty of Hawthorne Robert Fager, Chief of Police 11 City of Huntington Park Jorge Cisneros, Chief of Police 12 City of Long Beach Wilfiam Blair, Deputy Chief 13 City of Monrovia James Hunt, Chief of Police 14 Oty of Alhambra Mark Yokoyama, Chief of Police 15 City of Arcadia Bob Guthrie, Chief of Police 16 City of Burbank Scott laChasse, Chief of Police 17 City of Oaremont Paul Cooper, Chief of Police 18 City of Covina Kim Raney, Chief of Police 19 C'oty of El Segundo Mitch Tavera, Chief of Police 20 City of Henmosa Beach Greg Savelli, Chief of Police 21 C'oty of Irwindale Dan Smith, Chief of Police 22 City of Manhattan Beach Eve Irvine, Chief of Police 23 City of Redondo Beach Joe Leonardi, Chief of Police 24 C'rty of San Marino John Sdlaefer, Chief of Police 25 City of Sierra Madre Marilyn Diaz, Chief of Police 26 City of Torrance John Neu, Chief of Police 27 City of Whittier Jeff Piper, Chief of Police 28 City of Culver City Don Pedersen, Chief of Police 29 City of Palos Verdes Estates Daniel Dreiling, Chief of Police 30 City of Pomona David Keetle, Chief of Police • EXHIBITA LA. IMPACT JOINT POWERS AUTHORITY MEMBER AGENOES E:MAJL APQRESS MAJUNG ADDRESS l~ith!!!!lvl!!I !!Cl 2061 Third Street La Verne, CA 91750 chicf@sgpd C!!(J) 625 s. Del Mar San Gabriel, CA 91n6 tim.jadanan(!!lsmgov.net 333 Olympic Drtve Santa Monica, CA 90401 mi;;g!]hlcl!la12d.lag!X.o!;g 100 W, l "Street, Suite 1072 LosA111teles, CA 90012 djhapjS@lasd org 4700 Ramona Blvd. Monterey Park, CA 91754 rb;imc@bgQ!!,!!!11 7100 Garfield Avenue Bell Gardens, CA 90201 J~m:,h~nm@s!l!l-!a!,.&lll,! 5700 S. Eastern Avenue Commerce, CA 90040 r~ev§~d~~a2m 10911 erookshire Avenue Downey, CA 90241 omedran21!!!~n!!lld.om 1718 W. 162"" Street Gardena, CA 90247 i:fKm:@li~l~hQ!!!!: QCC 12501 S. Hawthorne Blvd. Hawthorne, CA 90250 iliiiotrm~h!.!D1iDit!2DQi!i!Ju;I Q[I 6542 Miles Avenue Huntington Park, CA 90255 wllltam.blair!!llongbeach.gov 400 W. Broadway Long Beach, CA 90802 ibum:~mgnrSl:!!1 li'1C!l 2!I 140 E. Ume Avenue Monrovia, CA 91016 1Dlr'.~m1@1lh1mbCiJ12d Q!I 211. S. First Street Alhambra, CA 91801 blJllhQ!:i!s;i1iltwl:dil wt US 250 W. Huntington Drive Arcadia, CA 91007 :ilKbm~L@g ta.1bink.~ ~ 200 North Third Street Burbank, CA 91502 DCOODeCf!d:1di!:a!!Sa!.!:i 570 W. Bonita Avenue Oaremont. CA 01711 ~Cl~f!,~!lm;&QY 444 N. Otrus Covina, CA 91723 !D:lill!l:CiU!!ela&llDilll.!!rg 348 Main Street El Segundo, CA 90245 ttsavelll~hermosa~ohce.gcg 540 Pier Avenue Henmosa Beach, CA 90254 ~tmith~s;;i.irwind!l~a-!!l!i 5050 N. Irwindale Avenue Irwindale, CA 91706 i=;rvint@at¥rnb.ingg 420 15"' Street Manhattan Beach, CA 90266 i!Msll:Qllitdi~ll:dQadg ge& 401 Diamond Street Redondo B@ach, CA 90277 l~Kfcrl!m1Rd !.l:i 2200 Huntington Drtve San Marino, CA 91108 .mdla~i!!s;! :iJ8TiHTliSfr~-idM&:i 242 W. 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Executive Committee Member -IACOPCA President 213A86.7620 562.946.7101 562.806.7693 323.869.6800 562.904.2300 310.217.9601 310349.2828 323.826.6661 S62.570.7449 626.256.809S 626.570.5131 626.574.5178 818.238.3200 909.399.5401 626.384.5600 310.524.2280 310.318.0300 626.430.2234 310.802.5103 310.379.24n 626.300.0723 626.355.5247 310.618.5706 562,567.9205 Executive Committee Member -Permanent Executive Committee Member-Permanent Executive Committ"" Member-Term Executive Committee Member -Term Executive Committee Member-Term ececutive Committee Member-Term Executive Committee Member-Tenm Executive Committee Member -Term Executive Committee Member -Tenm Executive Committee Member-Tenm Member Agency Member Agency Momber Agency Member Agency Member Agency Member Agency Member Agency Member Agency Member Agency Member Agency Member Agency Member Agency Member Agency Momber Agency 310.253.6397 _ Member Agency-Seaetary 310.378.0383 Member Agency 909.620.2141 .Member Agency >, _Q 'U Q) +-' C :;:;; <l'. CD 0 0 "' CD a, 0 ('.'I ('.'I Orange County Sheriffs Departrnent Criminal Investigations / Homicide DR# 13-087192 Incident: CPC 245(a)(l)-Assault with a deadly weapon/Officer Involved Shooting Victim: Detective Joe Pirooz-Long Beach Police Department Suspect: Lawrence Mares (08-06-73) Location of Occurrence: -Lake Center Drive Lake Forest, Ca Irvine Suites Hotel Date/Time of Occurrence: Friday 05-10-13, 1628 hours. Investigator: Alex Quilantan OCSD BOOK #1 of 1. Printed by CLB\ercusto 11/2/2019 8:30:09 Ar-./ Officer Involved Shooting Detective Joe Pirooz DR:# 13-087192 Date of Incident: 05-10-13 Case Agent: Investigator Alex Quilantan #5421 Office: 714-647-7048 Cell: 714-936-7579 E-Mail: AQuilantan@OCSD.Org A Initial Crime Report By Inv. Alex Quilantan B DMV photograph, DMV print out, Criminal History, Orange County District Attornye's Case Summary and booking photograph for Suspect Lawrence Mares C Interview of OCSD Sgt Jensen By Inv. Salcedo Printed by CLB\ercusto 11/2/2019 8:30:09 AM D Interview of Long Beach PD Detective Joe Pirooz By Inv. Quilantan E Interview of United States Marshal Inspector Diliberti By Inv. Montano f Sergeant Lepe's Buena Park Police Department Incident Report • G Interview of Deputy US Marshal Ries By Inv. Montano H Interview o passenger of suspect vehicle) By Inv. Salcedo Interview of Suspect Lawrnece Mares By Inv. Caballero J Interview of OCSD Deputy Manhart By Inv. Thompson Printed by CLB\ercusto 11/2/2019 8:3C:10Arv' K Suspect Vehicle Search Report By Inv. Hatch L Interview of Buena Park PD Detective Vongries By Inv. Montano M Interview of Buna Park PD Detective Nguyen By Inv. Milewski N Interview of OCSD Deputy Abdelmuti By Inv. Milewski • 0 Interview of OCSD Deputy Pultz By Inv. Montano p Interview of OCSD Deputy Mitry By Inv. Voght Q Interview of OCSD Deputy Monteleone By Inv. Voght • Printed by CLB\ercusto 11/2/2019 8:30:10 AM R Interview of Deputy Probation Officer Barry By Inv. Voght s Orange County Crime Lab Reports T Crime Scene Sketch u OMV Photograph, June 4, 2013 booking photograph, OMV print out and criminal history for passenger • Printed by CLB\ercusto 11/2/2019 8:3C:10Arv' Printed by CLB\ercusto 11/2/2019 B:30:10AM 1. Copies To: Homicide @©@~iRIF~ c:E~:~~~~~~ 2. Case No. 13-087192 2a. Citation No. ORANGE COUNTY ~ity: Yes No SANTA ANA, CALIFORNIA ORA HUTCHENS SHERIFF.CORONER INITIAL CRIME REPORT 3. OFFENSE 4. DATE-TIME COMMITTED CPC 245(a)( l )-Assault with a deadly weapon Friday Ma, 10, 2013/ Approximately 1628hrs 5 WHERE COMMITTED 6 GRID 7 DATE-TIME REPORTED -.,ake Center Drive Lake Forest, Ca 92630 891 E5 8 INFORMANT 9. ADDRESS-PHONE Detective Joe Pirooi (Long Beach PD) 400 W. Broadway Long Beach, ca 90802 10 VICTIM DOB 11. ADDRESS-PHONE Detective Joe Pirooz 400 W. Broadway Long Beach, ca 90802 12. BUSINESS ADDRESS-PHONE 13. CONTACT TIME-ADDRESS Same NIA 14 FIRM NAME OF VICTIM 15. BUSINESS ADDRESS-PHONE NIA NIA 16 VICTIM'S OCCUPATION RACE SEX AGE 117. TYPE OF PREMISES OR LOCATION WHERE OFFENSE WAS COMMITTED Police Officer w M 41 Hotel parking lot en CRIMES AGAINST PROPERTY CRIMES AGAINST PERSONS w 18. POINTOF 22. WEAPON OR z NIA Vehicle 0 ENTRY MEANS USED ..J w 19 INSTRUMENT OR MEANS USED 23. VICTIM'S ACTIVITY AT TIME OF OFFENSE u. (/) wt Outside his vehicle giving commands to suspect -'w a) :i:: 20. METHOD USED 24. EXACT WORDS USED BY SUSPECT 5 ... Unknown ::::;o o.z 21 . WHERE WERE OCCUPANTSATTIIW: OF OFFENSE? 25. FORCE OR METHOD USED 0.. c( 5~ Driving vehicle at high rate of speed at victim ...J (/) 26. APPARENT MOTIVE •· TYPE PROPERTY TAKEN I :7. TOTAL VALUE STOLEN <( • 5&j '~ 28 UNIQUE OR UNUSUAL ACTIONS BY SUSPECT(S) ~ Drove vehicle at a high rate of speed in reverse towards the victim :E 29. VEHICLE USED BY SUSPECT(S) YEAR, MAKE, BODY TYPE, COLOR, UC. NO., AND ANY OTHER IDENTIFYING MARKS 0 1999, GMC, Denali, Black VIN: 1GKEK13RXXR914685 0 30 IIIIITNESSES R/8 RESIDENCE/BUSINESS ADDRESS-PHONE R NIA NIA -----------------·--------------------·-------------------------------·-·--(1) Sgt Mike Jensen #2432(OCSD South GET) a 11 Journey Aliso Viejo, Ca 92656 949-425-1800 R NIA NIA ~---------------------·--·-······-----------·--·-----·-(2) Deputy Don Monteleone # 5462 (OCSD South GET) B 11 Journey Ali:,o Viejo, ca 92656 949-425-1800 R NIA NII\ ·········----------···------------------------------------------------------(3) Deputy Emad Mitry #5374 (OCSO South GET) B 11 Journey Aliso Viejo, ca 92656 949-425-1800 31 SUSPECT($) (IF ARRESTED NAME. ADDRESS, ANO BOOKING NUMBER) I BKG NBR (1) Mares. Lawrence DOB 08-06-73, 5'9" 1951bs, Blk/Bm 3131 E. Palmyra Orange. Ca I BKG. NBR. (2) NIA j 8KG NBR (3) NIA NAME ADDRESS SEX RACE DOB HT. WT HAIR EYES 32 DETAILS OF OFFENSE EVIDENCE COLLECTED, DESCRIPTION ANO VALUE OF PROPERTY TAKEN, LIST ADDITIONAL VIIITNESSES AND SUSPECTS QUAN. ARTICLE BRANO SERIAL NO. MODEL NO. MISC. DESCRIPTION VALUE ADDlTlONAL ,vITNESSES: Deputy Harrison Manhart #4982 (OCSD South Get) 11 Journey Aliso Viejo, Ca 92656 949-425-1800 Deputy Dave Pultz #5261 (OCSD South Get) 11 Journey Aliso Viejo, Ca 92656 949-425-1800 Deputy Ashraf Abdelmuti #5458 (OCSD South Get) 11 Journey Aliso Viejo, Ca 92656 949-425-1800 n ~ uty Probation Officer Shawn Barry #620 (Assigned to OCSD South GET) 11 Journey Aliso Viejo, Ca -6 949-425-1800 -A 33 INVE~lm!~ftiP¥5S REPORT BY ~ 134 DATE OF REPORT 1."15. rPR9VED Inv. A.~ il 5421 Inv. A. Qui an n #5421 6/24/13 ~•~• • ' T' :::. \ ,., ~v:~J;; l.,LD\l:m.u ,,v I''"-'"" IJ JV " PAGE 1 OF 5 1. COPIES TO: Homicide SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA ORA HUTCHENS, SHERIFF-CORONER ADDITIONAL WITNESSES CONTINUED: I 2 CASE NO. 13-087192 REPORT CONTINUATION Detective Jerry Vongries #644 Buena Park Police Department 6640 Beach Blvd, Ca 90622 Detective Nghia Nguyen #719 Buena Park Police Department 6640 Beach Blvd, Ca 90622 Sergeant Sergio Lepe # Buena Park Police Department 6640 Beach Blvd, Ca 90622 Deputy US Marshal David Diliberti #5045 411 W. 4th Street Santa Ana, Ca 92701 De ut US Marshal Mike Ries #2090 411 W. 4th Street Santa Ana, Ca 92701 NARRATIVE: On Friday May 10, 2013, at approximately 1709 hours, I rece~hone call from Investigator Myrna Caballero who requested 1 respond to the Irvine Suites Hotel, ....,ake Center Drive Lake Forest, Ca, regarding an Officer Involved Shooting. I arrived at the Irvine Suites Hotel at approximately 1845 hours. At approximately 1853 hours, Sergeant Mike Jensen, from the South Gang Enforcement Team (GET) told us that members of The Orange County SherifPs Department South GET assisted the US Marshals fugitive warrant detail with attempting to locate and apprehend fugitive Mares, Lawrence DOB 08-06-73 DOB 08-07-72). Sgt. Jensen provided the responding investigators with a synopsis of the incident. information he provided was a combination of information he had firsthand knowledge of as well as information he received from other law enforcement personnel who were present during the incident. Sgt. Jensen had received information from Inspector Dave Diliberti of the US Marshals that Mares was currently at the Irvine Suites Hotel and Mares was wanted for CPC 664/187 and was considered to be armed and dangerous. During the course of the surveillance Mares was seen exiting the hotel with an unknown female, who was later identified as and getting into a Black SUV. Detective Joe Pirooz of the Long Beach Police Department who is also a task force member assigned to the US Marshals fugitive warrant task force, attempted to stop Mares. Detective Pirooz exited his vehicle with his weapon drawn and eventually fired at least 3 rounds into the Mares's vehicle. The Irvine Suites Hotel did not have any security cameras on their premises and all law enforcement vehicles involved were undercover units that weren't equipped with cameras and/or audio recorders. No civilian witnesses' were present during the incident. (Refer to Investigator D. Salcedo's follow-11p i11terview report and audio recording for further information on what Sgt Jensen witnessetl). The following is a synopsis of some of the interviews conducted as part of this investigation. Refer to the attached follow-up reports and the interview audio recordings for further information. 33. INV~\q.fl !'(9~F RS ~'ffi sQlfU~ruMi:lSdii REPORT BY Inv. A. Quil DATE OF REPORT n #5421 6/24/13 PAGE 20F 5 1. COPIES TO: Homicide SHERIFF'S DEPARTMENT ORANGE COUNTY SANTAANA, CALIFORNIA ,:, NORA HUTCHENS, SHERIFF-CORONER WITNESS INTERVIEWS: 12.CASE NO. 13-087}92 REPORT CONTINUATION Detective Joe Pirooz-Long Beach Police Department-US Marshals fugitive warrant detail I initiated a recorded interview of Detective Pirooz at approximately 1709 hours. Detective Pirooz told me he assisted with the surveillance regarding the fugitive warrant service of Mares. Detective Pirooz attempted to stop Mares as he proceeded in reverse through the parking lot of the hotel. Mares refused to comply with Detective Pirooz's verbal commands and then accelerated in reverse at a high rate of speed. Detective Pirooz had to get out of the way to avoid being hit by Mares. As Mares continued North bound through the parking lot in reverse at a high rate of speed Detective Pirooz saw a vehicle entering the North end of the parking lot. As Mares approached the vehicle at a high rate of speed Detective Pirooz felt in his mind that in addition to Mares being a suspected armed and dangerous fleeing felon, he also felt the lives of the occupants of the silver Impala were in immediate danger so he fired four rounds from his service weapon at the driver area of Mare's vehicle. Mares crashed into an unoccupied semi-truck and was taken into custody. Neither Mares nor~ere hit by the gunfire and Mares was eventually booked into the Orange County Jail for his outstanding warrant. (Refer to my follow-up interview report ancl amlio recording for further information). c pector David Diliberti of the United States Marshals Service Investigator Montano and Investigator Thompson initiated a recorded interview with Inspector Diliberti at approximately 2000 hours. The following is a brief summary from Inv. Montano's report. Sergeant Sergio Lepe of the Buena Park Police Department contacted Inspector Diliberti and requested the assistance of the United States Marshals in locating and apprehending Mares who had a CPC 664/187- attempted murder warrant for his arrest. (See Sergeant Lepe 's foflow-up report for f urtlter information; Buena Park PD report# 13-16424). Inspector Diliberti assembled a surveillance/arrest team that consisted of members from The US Marshals, The Orange County Sheriffs Department and The Buena Park Police Department. Inspector Diliberti told all assigned personnel that Mares's was a documented criminal street gang member, had a criminal history that included weapons violations fleeing from law enforcement and resisting arrest. Inspector Diliberti's investigation led them to The Irvine Suites hotel in Lake Forest. During the surveillance at the Irvine Suites Hotel, Mares was spotted exiting the building and getting to a black SUV. Inspector Diliberti attempted to stop Mares by blo~king his palh and activating his emergency lights. Mares failed to stop and accelerated at a high rate of speed in reverse in the direction of Detective Pirooz. Inspector Diliberti saw Detective Pirooz exit his vehicle and identify himself as a police officer as he attempted to get Mares to stop. Mares continued in reverse at a high rate of speed. Inspector Diliberti believed that Mares was going to "ram" everyone in the parking lot in order to evade capture. Inspector Diliberti saw Detective Pirooz fire at least three (3) rounds at Mares's vehicle as it travelled in reverse. Once Mares's vehicle crashed, Inspector Diliberti assisted Deputy US Marshal Ries in taking Mares into custody. (Refer to Inv. Montano 's follow-up report and the audio recording for further information). DATE Of REPORT 6/24/13 PAGE 30F 5 ~P~~ED , ..,_.... __ ...... r1 1. COPIES TO: Homicide SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA ORA HUTCHENS, SHERIFF-CORONER Deputy US Marshal Mike Ries I 2. CASE NO. 13-087192 REPORT CONTINUATION At approximately 2035 hours, Investigator J. Montano and Investigator M. Thompson initiated an audio taped interview of Deputy US Marshal Ries. The following is a synopsis of Inv. Montano, s report. Refer to Inv. Montana's report and the audio recording for further information. Deputy US Marshall Ries received the information from Inspector Diliberti regarding Mares's criminal history the nature of the arrest warrant. Deputy US Marshall Ries positioned his vehicle in the east, rear parking lot of the hotel. During the surveillance, Deputy US Marshall Ries heard over the radio that someone saw Mares and an unknown female getting into a black SUV. Information was then given over the radio to "move-in" on the SUV. Deputy US Marshall Ries saw other law enforcement vehicles closing in on the SUV. He also saw Detective Pirooz standing outside his vehicle with his weapon drawn approaching the SUV. Deputy US Marshall Ries saw the SUV travel in reverse at a high rate of speed in the direction of Detective Pirooz. Moments before the SUV crashed he heard what sounded like three to four "shots" towards the direction of the SUV. After the SUV crashed he assisted Inspector Diliberti in arresting Mares. During a search incident to arrest, Deputy US Marshall Ries located a small baggie of white powder in Mares's right front pants pocket. The baggie with white powder was booked into evidence by OCSD Senior Forensic Science Specialist Lenora Pena Sanchez. (Refer to Inv. Montano'sfol/ow-up report and the audio recording/or further information). At approximately 1938 hours, Investigator D. Salcedo and Investigator K. Milewski initiated an audio taped interview with--said she had only known Mares since ~2013 and she accompanied Mares from the Hotel Menage in Anaheim to the Irvine Suites Hotel. -and Mares left the hotel and got into Mares truck. When Mares started to back out of the parking lot they were cut off by someone driving a tan truck (Inspector Dave Diliberti). -then saw the red and blue lights and she said something similar to "that's a cop." -xpected Mares to stop but he didn't. Mares drove in reverse as she was yelling for him to stop. The next thing she remembers is a loud bang and the windshield breaking. ~!aimed she didn't know Mares's criminal history. (Refer lnvestigatorSalcedo's follow- up report and tl,e audio recordi11g oftl,e interview for further itiformation). Fugitive Lawrence Albert Mares DOB 08-06-73 At approximately 2010 hours, Investigator M. Caballero and Investigator K. Hoffman initiated a video and audio recording of their interview with Mares. Mares acknowledged he understood his Miranda rights and he agreed to talk. Mares admitted he knew he was wanted for attempted murder. He acknowledged he saw the red blue lights and immediately thought he was going to jail. He didn't stop when told to stop because he was scared. Mares said -told him to stop but he continued anyways. Mares denied seeing the officer (Det. Pirooz) when he backed up. He said he ducked down as he drove in reverse and didn't see where he was going. Mares admitted that the drugs found in his pocket was hamphetamine and that it was for his own personal use. (Refer Investigator M. Caballero's follow-up rt and the video/audio recording of the interview for f11rtlter information). DA TE OF REPORT 6/24/13 PAGE 4OF 5 1. COPIES TO: Homicide SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA ., NORA HUTCHENS, SHERIFF-CORONER I 2. CASE NO. 13-087192 REPORT CONTINUATION Deputy Harrison Manhart Orange County Sherifrs Department-South GET At approximately 2135 hours, Investigator M. Thompson initiated an audio taped interview with Deputy Manhart. The following is a brief synopsis of Inv. Thompson's interview. Deputy Manhart assisted with the surveillance at the Irvine Suites Hotel. He received the information related to Mares's criminal history and the nature of the arrest warrant. He parked his vehicle in the South end of the parking lot. He heard over the radio that a subject was entering a vehicle. He was able to see the person getting into the vehicle but was unable to make an identification. Deputy Manhart maintained his position as the vehicle the subject entered started to move. As the vehicle travelled in reverse towards the exit, he heard someone say over the radio, "Take it down." Deputy Manhart backed out of his parking spot to assist the other units who were attempting to stop the vehicle. As he approached the vehicle he could hear people yelling and giving commands but he couldn't make out what was being said. He then heard the tires screeching as it travelled in reverse at a high rate of speed. Deputy Manhart described the male driver as having his "head on a swivel" looking around. (Deputy Manltart's observation contradicts Mares's statement tltat J,e ducked as lte drove in reverse and wasn't able to see wltat was in /,is pat/,). (Refer to Investigator M. Tltompson 's follow-up interview report and tlte audio recording for further information). O ME SCENE INVESTIGATION: Investigator E. Hatch maintained the crime scene as it was processed by Senior Forensic Science Specialist Lenora Pena Sanchez and Forensic Specialist Hilary Peplowski. (Refer to Inv. Hatch 's follow-up report for further information). On 05-15-13, Investigator E. Hatch and Forensic Specialist Grant Fry conducted a vehicle examination of Mares's vehicle. (Refer to Inv. Hatch 'sfol/ow-up report for further information). As of 06-24-13, I am still waiting for the Orange County Sheriffs Department crime lab report regarding the test results of the white powdery substance found in Mares's pants pocket. CASE STATUS: I sent a copy of this report and the associated follow-up reports to the Orange County District Attorney's Office for their review. 33. INV$'f FUt}JRS ~'!'3\et\.,.~tJHmM~:™i ~ REPORT BY Inv. A. Quil DATE OF REPORT 6/24/13 PAGE 5 OF 5 • Printed by CLB\ercusto 11/2/2019 8:30:14 AM Department Of Motor Vehicles Image --HOTO Page 1 of 1 - HAIR: BU< ~EPARTMENT OF MOTOR VEHICLES IMAGE RECORD FOR: MARES LAWRENCE ALBERT JR EXPIRES: 08/06/2016 EYES:BRN CLASS:F HEIGHT: 509 SEX:M WEIGHT: 195 DATE OF BIRTH: 08/06/1973 ADDRESS PHOTO DATE: 07/25/2011 ISSUE DATE: N/A PHOTO OFFICE: 542 ISSUE OFFICE: N/A APPLICATION DATE: 07/25/2011 RESTRICTIONS: APPLICATION OFFICE: 542 SIGNATURE: ~~~~1 This photograph is a true copy of the photograph that is contained on the Department of Motor Vehicles photo database and delivered over the Department of Justice Cal-Photo communications network. Date: ________ Isl ________________ _ Printed by CLB\ercusto 11/2/2019 8:3C:15Arv 11 /l'l /"'IAl'l Booking Photo -E.L.E.T.E Displayed On -11/12/2013 3:19:50 PM • Printed by CLB\ercusto 11/2/2019 8:3C:15Arv Page 1 of 1 2764218 MARES LAWRENCE ALBERT 080673 H M eight: 509 eight: 195 ye Color: BRO BRO Requestor-QUILANTANA 1 1 ,1,, /"\/\1 'l .1/12/13 15:13:49 3527 >A :ll-12-13*TIME:15:13* IATCHED ON:*L/N*F/N* BD >MV RECORD FOR LAW ENFORCEMENT USE ONLY >L/No ••··l*B/D:08-06-1 973*NAME:MARES LAWRENCE ALBERT JR* IA.IL ADDR AS OF 07-25-11: >TH/ADDR AS OF 03-14-08: * lKA:MARCS LAWRENCE ALBERT JR* lKA;MARES LARRY JR* CDENTIFYING INFORMATION: :EX;MALE*HAIR:BLACK*EYES:BRN*HT:5-09*WT:195* .IC/ISS:07-25-ll*EXPIRES:08 -06 -16*RBMl*CLASS:C NON-COMMERCIAL* ~NDORSEMENTS:NONE* ..A.TEST APP : >L TYPE:RBM WITH NEW PHOTO*ISS/DATE: 07-25-ll*OFFICE: STA*BATES:LIS* )RGAN AND TISSUE DONOR: NO UPDATED:07-25-11 ~ICENSE STATUS: VALID* >EPARTMENTAL ACTIONS: JONE :ONVICTIONS: TIOL/DT CONV/DT )5-28-09 06-04-09 >MV POINT COUNT 2 )3-31-11 05-25-11 >~pOINT COUNT 0 ~1'..,,lJRES TO APPEAR: JONE lCCIDENTS: JONE ~ND • Printed by CLB\ercusto 11/2/2019 8:3C:16Arv' SEC/VIOL 28002 vc 27315E VC DKT/NO *09CF13 498 13JL DISP J B COURT 30470 19499 VEH/LIC 8U87225 l/l2/l3 15:14:21 424 3529 H I E: QHY.CA0300040.09873040.INV QUI DATE:20131112 TIME:15 :14:18 ESTRICTED-DO NOT USE FOR EMPLOYMENT,LICENSING OR CERTIFICATION PURPOSES TTN:INV QUILANTAN 13-087192 *********************************************************************** 0 NOT COLLECT DNA. DNA SAMPLE HAS BEEN RECEIVED, 'YPED, AND UPLOADED INTO THE CAL -DNA DATA BANK. OR INFO (510) 620 -3300 OR PC296.PC296@DOJ.CA.GOV. *********************************************************************** * PALM PRINTS AVAILABLE AT DOJ FOR PALM PRINTS CONTACT 'ALM. PRINT@DOJ. CA. GOV II CALIFORNIA ONLY SOURCE RECORD III/ iOB/19720807 SEX/M RAC/HISPANIC GT/509 WGT/195 EYE/BRO HAI/BLK POB!IIII N1/0l MARES,LAWRENCE ALBERT 02 MARES,LAWRENCE ALBERT JR 03 MARES,LARRY JR 04 MARCS,LAWRENCE ALBERT 05 MARES,LARRY 06 MARACS,LAWRENCE ALBERT ION/STRANGER 'BI IOBL19730806 19730807 '.DL '0~ :~DC--CDC :MT/TAT BACK; TAT CHEST; TAT LF ARM; TAT RF ARM ICC/DRYWALL WORKER; MANAGER; PLASTERER * * * .RR/DET/CITE: NAM:01 .9910914 CASO SANTA ANA '.NT:01 #780995 1339597 529.3 PC-PERSONATE TO MAKE OTHER LIABLE ARR BY:CAPD SANTA ANA * * * lRR/DET/CITE: NAM:02 DOB:19730806 .9920910 CASO SANTA ANA NT:01 #780995 1416639 113S0(A) HS-POSSESS NARC CONTROL SUBSTANCE ARR BY:CAPD SANTA ANA :ouRT: NAM: 02 .9930409 CAMC SANTA ANA NT:01 #92CF02656 11350(A) HS-POSSESS NARC CONTROL SUBSTANCE DISPO:CONVICTED CONV STATUS:FELONY SEN: 16 MONTHS PRISON * * * -:CET/CITE, NAM, 01 . 9 12 9 CASO SANTA ANA : . 1 #780995-1444715 496 {,W .~C-~ECEIVE/ETC KNOWN ARR tir1flf©(t> }#SANTA ANA CN"Tct~sto 11/2/2019 8:3C:16Arv' DOB:19730806 STOLEN PROPERTY 12025 PC-CARRY CONCEALED WEAPON ON PERSON/VEH NT:03 12280(A) (1) PC-MFG/ETC ANY ASSAULT WEAPON N~04 31 PC-CARRY LOADED FIREARM IN PUBLIC PLACE---- 0 T: NAM:01 9930218 CAMC SANTA ANA NT:01 #93CF0265 12280(A) (1) PC-MFG/ETC ANY ASSAULT WEAPON DISPO:DISMISSED/FURTHERANCE OF JUSTICE NT:02 496.1 PC-RECEIVE/ETC KNOWN STOLEN PROPERTY DISPO:DISMISSED/FURTHERANCE OF JUSTICE NT:03 1203l(A) (1) PC-CARRY LOADED F/ARM:PUBLIC PLACE DISPO:CONVICTED CONV STATUS:MISDEMEANOR SEN: 36 MONTHS PROBATION,30 DAYS JAIL COM: DCN-C0151440200100001901 * * * RR/DET/CITE: NAM:04 DOB:19730806 9930129 CAPD SANTA ANA NT:01 #9306066 12025 PC-CARRY CONCEALED WEAPON ON PERSON/VEH NT: 02 12280 PC-MFG/TRANS/POSS/ETC ANY ASSAULT WPN '.NT: 03 496 PC-RECEIVE/ETC KNOWN STOLEN PROPERTY * * * ~ET/CITE: NAM:01 DOB:19730806 ~202 CASO SANTA ANA NT:01 #780995-1444715A 11350(A) HS-POSSESS NARC CONTROL SUBSTANCE NUMBER #92CF02656 * * * .RR/DET/CITE: NAM:01 DOB:19730806 .9930401 CASO SANTA ANA NT:01 #780995 1457439 1203l(A) PC-CARRY LOADED FIREARM:PUBLIC PLACE ARR BY:CAPD SANTA ANA ~T:02 496(A) PC-RECEIVE/ETC KNOWN STOLEN PROPERTY ~T:03 12025(A) PC-CARRY CONCEALED WEAPON IN VEHICLE ~T:04 417(B) PC-EXHIBIT/ETC LOADED FIREARM:SPEC CIRC ~T:05 148 PC-OBSTRUCTS/RESISTS PUBLIC OFFICER :OURT: NAM: 01 .9930409 CASC ORANGE ~T:01 #93CF0983 487.3 PC-GRAND THEFT:MISCELLANEOUS DISPO:DISMISSED/FURTHERANCE OF JUSTICE :NT: 02 r"'s3 5l(A) VC-TAKE VEH W/O OWN CONSENT/VEH THEFT D~O:DISMISSED/FURTHERANCE OF JUSTICE ~NT : 03 1202~[,mtEid:~RY CONCEALED WEAPON IN VEHICLE D:IDB©:ttstcDitSMJJ&SEU,/4.~URTHERANCE OF JUSTICE NT: 04 12031(A) PC-CARRY LOADED FIREARM:PUBLIC PLACE DISPO:DISMISSED/FURTHERANCE OF JUSTICE N~05 .1 PC-RECEIVE/ETC KNOWN STOLEN PROPERTY D PO:CONVICTED CONV STATUS:FELONY SEN: 16 MONTHS PRISON COM: SENTENCE CONCURRENT WITH FILE #C99188: * * * RR/DET/CITE: NAM:01 DOB:19730806 9930402 CASO SANTA ANA NT:01 #780995-1457439B 11350(A) HS-POSSESS NARC CONTROL SUBSTANCE NUMBER #92CF02656 UPPLEMENTAL ARR: NAM:01 9930402 CASO SANTA ANA NT:01 #780995-1457439C -PROBATION REVO 12031(A) (1) PC-CARRY LOADED F/ARM:PUBLIC PLACE NUMBER #93CF0265A * * * USTODY:CDC NAM:01 9930525 CASO CORRECTIONS NT:01 #H76759 11350(A) HS-POSSESS NARC CONTROL SUBSTANCE CRT #C99188 SEN: 16 MONTHS PRISON ~.____,ET/CITE: NAM:02 DOB:19730806 .9940402 CAPD SANTA ANA ~T:01 #94174901003163 12090 PC-TAMPER W/ID MARKS ON FIREARM * * * ~R/DET/CITE: NAM:02 DOB:19730806 .9940502 CAPD BREA :NT: 01 #Y94-1827 466 PC-POSSESS/ETC BURGLARY TOOLS ffiR/DET/CITE: NAM:01 DOB:19730806 .9950809 CAPD SANTA ANA ~T:01 #95371821017097 1202l(A) PC-FELON/ADDICT/ETC POSSESS FIREARM .9950810 DISPO:PROS REL-DET ONLY-LACK OF SUFF EVID ' * * * :us TODY: CDC NAM: 01 .9950814 CASD CORRECTIONS :NT:01 #H76759 VIOLATION OF PAROLE -TO FINISH TERM COM: CCN-5122P214420 ' * * * ~USTODY:CDC NAM :01 L"°701 CASD CORRECTIONS :~Ol #H76759 VIOLATIQ]i j)F PAROLE -Tot-'f!6:J.~ OYTERM t ~Ul ercwsto 11/2/2019 8:30:17 AM RR/DET/CITE: NAM:02 DOB:19730806 9980412 CAPD SANTA ANA NT:01 #9817253 9804501 A 6~1-PC-RECEIVE/ETC KNOWN STOLEN PROPERTY oW T: NAM:01 9980417 CAMC SANTA ANA NT:01-02 #SA98CF1085 496(A) PC-RECEIVE/ETC KNOWN STOLEN PROPERTY DISPO:DISMISSED NT: 03 10851(A) VC-TAKE VEH W/O OWN CONSENT/VEH THEFT DISPO:DISMISSED COM: DCN -T1005461359830000101 * * * RR/DET/CITE : NAM:01 DOB:19720807 9980415 CASO SANTA ANA NT:01 #780995 1810018 -COURT REMAND 496(A) PC-RECEIVE/ETC KNOWN STOLEN PROPERTY ARR BY:CAPD SANTA ANA ARR AGY #98 17253 NT: 02 -COURT REMAND 10851(A) VC-TAKE VEH W/O OWN CONSENT/VER THEFT NUMBER #SA98CF1085 * * * .RR/DET/CITE: NAM:02 DOB :19730806 .9990320 CASO SANTA ANA 01 #780995 1895109 OURT REMAND 212.5 PC-ROBBERY ARR BY:CAPD SANTA ANA ARR AGY #9921521 ::NT: 02-03 -COURT REMAND 245(B) PC-ASSAULT PERSON W/SEMIAUTO FIREARM :NT: 04-05 -COURT REMAND 245(A) (2) PC-ASSAULT WITH FIREARM ON PERSON NUMBER #SA99CF1190 ~USTODY:CDC NAM:01 _9991020 CASD CORRECTIONS ~NT: 01 #P57824 11370.l(A) HS -POSS CNTL SUB WHILE ARMED CRT #99CF2141 ~T:02 1202l(A) (1) PC-FELON/ETC POSSESS FIREARM SEN FROM: ORANGE CO CRT #99CF2141 SEN : 2 YEARS PRISON ~USTODY :CDC NAM:01 ~0010420 CASD CORR WASCO :::NT:01 #P57824 :~~TION OF PAROLE 1137i~AJ HS ~p~SESS CONTROLLED SUBSTANCE SEN~FROM': GRANGE co CRT #01HF0350 :::NT: OTUSI0 11 1 o 8:30 1 1V1 243(C) PC-BATT P.O./EMERG PERSNL/ETC W/INJURY SEN: 16 MONTHS PRISON COM: SCN-92111140008 * * * ET/CITE: NAM:02 DOB:19730806 J 0910 CASO SANTA ANA ~T:01 #2143586-0780995 11370 .l(A) HS-POSS CNTL SUB WHILE ARMED NT:02 11378 HS-POSSESS CONTROL SUBSTANCE FOR SALE NT : 03 12031(A) (1) PC-CARRY LOAD F/ARM:PUB:SPEC CIRC NT: 04 12021(A) (1) PC-FELON/ETC POSSESS FIREARM COM: CNT04 NUM -TCJC COM: PHOTO AVAI COM : ADR-091003 ( COM : SCN-33332530052 QURT: NAM:02 0031031 CASC SANTA ANA ~T:01 #03CF2624 11378 HS -POSSESS CONTROL SUBSTANCE FOR SALE DISPO:CONVICTED CONV STATUS:FELONY :NT: 02 11379(A) HS-TRANSPORT/ETC CNTL SUB ·DISPO : CONVICTED CONV STATUS:FELONY N: 4 YEARS TOT FIX PRS TRM 3 11370.l(A) HS-POSS CNTL SUB WHILE ARMED ~DISPO:CONVICTED CONV STATUS:FELONY :NT:04 SEE COMMENT FOR CHARGE ~DISPO:CONVICTED CONV STATUS:FELONY SEN: 2 YEARS TOT FIX PRS TRM,CONCURRENT :NT: 05 12021(A) (1) PC-FELON/ETC POSSESS FIREARM *DISPO:CONVICTED CONV STATUS:FELONY CNT:06 2800.2(A} VC-EVADE PEACE OFCR:DISREGARD SAFETY *DISPO:CONVICTED CONV STATUS:FELONY SEN: 2 YEARS TOT FIX PRS TRM,CONCURRENT CNT:07 496(A) PC-RECEIVE/ETC KNOWN STOLEN PROPERTY *DISPO:CONVICTED * CONV STATUS:FELONY SEN: 2 YEARS TOT FIX PRS TRM,CONCURRENT COM: CNT 04 CHRG-1203l(A) (1)-(A) (2) (A PC COM: DCN-T6130963320330000219 * C ODY:CDC NAM :01 20070'.1;3Ant ,$R CHINO CN+·O i II Psr7 824 -1V~~Trb'~ ~FC·ifAR'.oLE -TO FINISH TERM COM: PHOTO AVAILABLE COM: SCN-92370180011 * * * * P.-~ET/CITE: NAM:01 DOB:19730807 2~514 CASO SANTA ANA CNT:01 #2386814-0780995 466 PC -POSSESS/ETC BURGLARY TOOLS CNT: 02 -WARRANT 853 .7 PC-FAIL TO APPEAR AFTER WRITTEN PROMISE WARRANT #07CM02146 COM; CNT2 NUM-TCJC COM: ADR-20070514 COM: PHOTO AVAILABLE COM: SCN-33371340050 ~R/DET/CITE: NAM:01 DOB:19730806 20070906 CASO SANTA ANA :NT:01 #2408264-0780995 11377(A) HS-POSSESS CONTROLLED SUBSTANCE CRT CASE #CJC COM: ADR-20070906 COM : PHOTO AVAILABLE COM: SCN-333A2490033 ~OURT: NAM: 02 20071019 CASC SANTA ANA :NT:01 #07CF3001 /-"V>77(A) HS-POSSESS CONTROLLED SUBSTANCE rr~PO:CONVICTED CONV STATUS:FELONY SEN: 3 YEARS PROBATION 20071019 DISPO:CONDITION OF PROB-FIREARM RESTRICTION DISPO:FOR CERT INFO SEE AUTOMATED ARCHIVE SYS COM: DCN-D1007543050730000459 20081120 DISPO:CONV SET ASIDE & DISM PER 1210.l (E) (l )PC COM: DCN-Dll08173440830000012 ~/DET/CITE: NAM:02 DOB:19730806 20090528 CASO SANTA ANA :NT:01 #2516090-0780995 2800.2(A) VC-EVADE PEACE OFCR:DISREGARD SAFETY CRT CASE #CJC COM: ADR-20090528 COM: PHOTO AVAILABLE COM: SCN-333C1480029 :OORT: NAM: 02 20090604 CASC SANTA ANA :NT:01 #09CF1352 2800.2 VC-EVADE PEACE OFFICER:DISREGARD SAFETY fDISPO:CONVICTED ~NV STATUS:FELONY ~EN: 2 YEARS PRISON :NT : 02 602.~[}otep,i:P!;l~TER/ETC NONCOMMERCIAL DWELLING f DLS:R®:o€0NmllOOBrDt 8 Ml CONV STATUS:MISDEMEANOR SEN: IMP SEN SS DISPO:FOR CERT INFO SEE AUTOMATED ARCHIVE SYS ~M~ DCN-D0609011680930000997 ~~DY:CDC NAM:01 0090715 CASD CORR WASCO NT:01 #P57824 2800.2 VC-EVADE PEACE OFFICER:DISREGARD SAFETY SEN FROM: ORANGE CO CRT #09CF1352 SEN: 2 YEARS PRISON COM: SCN -920C2010020 RR/DBT/CITE: NAM:02 DOB:19730806 0100611 CASO SANTA ANA NT:01 #2577188-0780995 166(A) (4) PC-CONTEMPT:DISOBEY COURT ORDER/ETC CRT CASE #CJC COM: ADR -20100611 COM: PHOTO AVAILABLE COM: SCN-333D1630002 * * * RR/DET/CITE: NAM:02 DOB:19730806 .0120527 CASO SANTA ANA NT:01 #2702909-0780995 11377(A) HS-POSSESS CONTROLLED SUBSTANCE :012053 0 DISPO:PROS REL-DET ONLY-LACK OF SUFF EVID 'NT:02 ~00 .l(A} VC-EVADING PEACE OFFICER !~530 DISPO:PROS REL-DET ONLY-LACK OF SUFF EVID ~NT: 03 11364.l(A} HS-POSSESS UNLAW PARAPHERNALIA !0 120530 DISPO:PROS REL-DET 0 COM: ADR-20120527 COM: PHOTO AVAILABLE COM : SCN-331Fl480016 * * * lRR/DET/CITE: NAM:01 DOB:19730806 !0120704 CASO SANTA ANA :NT:01 #2709933-0780995 11377(A) HS-POSSESS CONTROLLED SUBSTANCE COM: ADR-20120704 COM: PHOTO AVAILABLE COM: SCN-331Fl870005 :OURT: NAM: 01 10121026 CASC SANTA ANA :NT:01 #12CM07117 602.5(A) PC-ENTER/ETC NONCOMMERCIAL DWELLING DISPO:DISMISSED/FOJ/MOTION OF PEOPLE COM: DCN-P2127003001230000053 ~DET/CITE: NAM:01 DOB:19720807 !~0802 CASO SANTA ANA ~NT: O~e: ..... ¾. #;2715380-0780995 -WAl<.l:<.J\Ns~d by -COURT REMAND ~m)=~ ®1P~FR!OB~~~ON VIOL :REARREST/REVOKE WARRANT #10CM05172 COM: CNTl NUM-TCJC COM: ADR -20120802 OM: PHOTO AVAILABLE M: SCN-333F2160003 RR/DET/CITE: NAM:01 DOB:19730806 0130510 CASO SANTA ANA NT :01 #2764218-0780995 187(A) PC-MURDER NT :02 186.22(A) PC-PARTICIPATE IN CRIM STREET GANG INT: 03 -ATTEMPTED -WARRANT 187(A) PC-MURDER WARRANT #13CF0191 COM: ADR-20130510 COM: PHOTO AVAILABLE COM: SCN-DY3Gl310008 ****************************************** **************************** * THE ENTRIES PROVIDED BELOW ARE BASED UPON AN ARREST OR COURT ** * DISPOSITION REPORT. THE SUBJECT OF THE ENTRY HAS BEEN IDENTIFIED* * WITH THIS RECORD BASED UPON SOFT CRITERIA CONSISTING OF A NAME ** * OR NUMBER MATCH. POSITIVE IDENTIFICATION HAS NOT BEEN MADE ** * BECAUSE FINGERPRINTS WERE NOT RECEIVED FOR THE ENTRI ES. USE OF ** * THIS INFORMATION IS THE RECEIVERS RESPONSIBILITY. * * '* ** ********************************************************************** .... _ __._,ET/ CITE: NAM : 0 2 .9980825 CAPD ORANGE ~NT: 01 #NBR NOT REPORTED NO ARREST RECEIVED ~NT: 02 11364 HS-POSSESS CONTROL SUBSTANCE PARAPHERNA .9980825 DISPO:REL/DET ONLY/ADMISS EVIDENCE INSUFF COM:DCN-C0080733149600000501 ffiR/DET/CITE: NAM:01 .9990819 CASO SANTA ANA :NT:01 #9938981 NO ARREST RECEIVED :NT:02 #9938981 11377(A) HS-POSSESS CONTROLLED SUBSTANCE :NT:03 #9938981 12021(A) PC-FELON/ADDICT/ETC POSSESS FI REARM :NT:04 #9938981 11370.lH&S-POSS SPEC CNTL SUB & LOADED FIREARM !OURT: NAM: 01 .9991001 CASC ORANGE :NT:01 #99CF2141 11377(A) HS-POSSESS CONTROLLED SUBSTANCE ·Il O: CONVICTED NV STATUS:FELONY SEN h ¥>RI SO STAYED :NT: 02 rnnted y J;2[{1)!2cJ!s(~)121F®-elilEIOO>N/ ADDICT /ETC POSSESS FIREARM 0DISPO: CONVICTED CONV STATUS:FELONY SEN: PRISON STAYED ~~3 ~70.l(A) HS-POSS CNTL -W/PRIOR PRISON 0DISPO: CONVICTED CONV STATUS :FELONY SEN : 2 YEARS PRISON * * * SUB WHILE ARMED IRR/DET /CITE: NAM : 0 2 !0010329 CAPD IRVINE :NT:01 #1992795 NO ARREST RECEIVED :NT:02 #1992795 11377(A) HS-POSSESS CONTROLLED SUBSTANCE :NT:03 #1992795 11378 HS-POSSESS CONTROL SUBSTANCE FOR SALE ~NT:04 #1992795 4573.8 PC-POSSESS DRUGS/ETC IN PRISON/JAIL/ETC :NT: OS 243(B) PC-BATTERY PEACE OFCR/EMERG PERSNL/ETC ~OURT: NAM: 02 ?0010413 CASC ORANGE ~T:01 #01HF0350 148.9 PC-FALSE IDENTIFICATION TO PEACE OFFICER DISPO:DISMISSED/FURTHERANCE OF JUSTICE ~NT: 02 ~8(A) PC-OBSTRUCTS/RESISTS PUBLIC OFFICER/ETC •~O:CONVICTED CONV STATUS:MISDEMEANOR SEN : CONVICTED ~NT: 03 135 PC-DESTROY/CONCEAL EVIDENCE •DISPO:CONVICTED CONV STATUS:MISDEMEANOR SEN : CONVICTED :NT: 04 11377(A) HS-POSSESS CONTROLLED SUBSTANCE •DISPO:CONVICTED CONV STATUS:FELONY ~NT : 05 243(C) PC-BATT P.O./EMERG PERSNL/ETC W/INJURY •DISPO:CONVICTED CONV STATUS:FELONY SEN : 16 MONTHS PRISON ffiR/DET/CITE: NAM :01 ?0100611 CAPD ONTARIO :NT:01 #2577188 NO ARREST RECEIVED :NT: 02 166(C) (1) PC-CONTEMPT:VIOL PROTECTIVE ORD/ETC "'rr"'f · NAM: 01 2d'ii.1b 625 CASC SANTA ANA :NT: Olld . t #JQ.CMOSl 72 166 (cf1~j3q,~YCONTEMPT: VIOL PROTECTIVE ORD/ETC tD:f~<!:f':'~~~:2t)19 AM CONV STATUS:MISDEMEANOR SEN: 3 YEARS PROBATION,29 DAYS JAIL, WORK PROGRAM 625 O:CONDITION OF PROB-FIREARM RESTRICTION O:FOR CERT INFO SEE AUTOMATED ARCHIVE SYS COM:DCN-D0610121811030000363 0130917 DISPO:EARLY DISMISSAL FROM PROBATION COM:DCN-P2137002601330000302 * * * END OF MESSAGE * * * • Printed by CLB\ercusto 11/2/2019 8 3020 AM Page 1 of2 !Case Summary • jcase Number: U13CF0191 lOC Pay Number: !17505864 !Originating Court:I1¢entral !Defendant: UMares, Lawrence Albert !Demographics: !Sex: UMale !!Brown !Black IHeight(ft/in) : 1!5'9" N\'eight (lbs): ace: ddress: •dentiflers: ID# !Names:! !Last NamellFlrst NamellMlddle Namell Type IIDate of Birth! !Mares HLawrence HAibert HReal Name IPS/06/1973 I !Mares Ulawrence !~lbert l~lias 1!08/07/1972 !Mares ULawrence l~lbert !!Corrected RecorijpS/07/1972 !Maracs ULawrence HAibert !!Arias lk>S/07/1972 !Mares ULarry I !Arias lk>S/06/1973 !Mares ULawrence l~lbert l@ias lk>B/07/1972 !Case Status:! .... ,s-ta-tu_s_: ------,IP._.._pe_n _ ___. 1¢ase Stage: I !Release Status: I,...IR-em-an_d_e--,dl @arrant: IIN I IDMV Hold : HN I k;harging Document IUnformation Mandatory Appearance:i!Y [Owner's Resp: UN !Amendment #: IP !DA Case#: l!13F00267 IDR #: H12-42583 11 /13/2013 Page 2 of2 ,~~ILJLII UPC II _J:=I ===~l;::I ===:II II DD 12/06/2012 ~(a) [] P~~=~~~':;ted IDENIEDI 10/01/201 II D[l 5/10/2013f ii(c) 11F 1 :.:,~;o~ace ~10/01/201 [J lJ fficer/firefi hter ~ Printed by CLB\ercusto 11/2/2019 8:30:20 AM Printed by CLB\ercusto 11i2/2019 8:3020 AM 1. COPIES TO: SHERIFF'S DEPARTMENT ORANGE COUNTY 12. CASE NO. 13-087192 ITY: 0 Yes C8:J No ffi1 ~@[p)WNTA ANA, CALIFORNIA ffi CONFIDENTIAL 3. 0 INITIAL NON-CRIMINAL 4. 0 INITIAL-CRIMINAL 5. 181 FOLLOW-UP CRIMINAL SANDRA HUTCHENS, SHERIFF-CORONER 6. □ CONTINUATION REPORT NO. FOLLOW-UP REPORT 7. OFFENSE 8. LOCATION OF OCCURRENCE Cpc 245(a) (l): Assault w/a Deadly Weapon Lake Center Drive, Lake Forest 0. VICTIM/INF'ORMANT 10. DATE AND TIME OF OCCURRENCE 11. GRID V: Detective J. Pirooz #5712 -Long Beach Police Friday, May 10, 2013 / 1628 hours 891 E5 12. DETAILS OF OFFENSE: On Friday, May 10, 2013, beginning at 2103 hours, I initiated an audio-taped interview with -Orange County Sheriff's Department Sergeant M. Jensen #2432, in ref. to the further investigation of the above listed incident. The interview took place within room #207 located at the 'Irvine Suites' -Lake Center Drive, Lake Forest). Also present during the interview was Sheriffs Inv. K. Milewski. JENSEN confirmed that he was present at the location of the incident and was on-duty at the time assigned as the supervisor of the Orange County Sheriff Department's 'Gang Enforcement Team' (GET). JENSEN stated that earlier in the day he had been contacted by the US Marshal's Office who requested his assistance in attempting to locate an outstanding suspect (Lawrence Mares). JENSEN was advised that the suspect was possibly in the area of the listed location. JENSEN agreed to provide assistance and attended a briefing along with the additional members of his team (Deputies Abdelmuti, Manhart, Mi try, Pultz, and Monteleone) as to the circumstances of the case, the suspect information and to confirm an active warrant was in the system. JENSEN said the exact location and possible vehicle associated with the suspect however were unknown at the time. JENSEN said at the location, he and his team members positioned themselves within areas of the hotel's exterior/perimeter (each member in their own vehicle) to provide surveillance. While remaining in their positions, team members were advised over the radio (' I 2F) that the possible suspect accompanied by a female were observed exiting an exterior stairwell into the parking lot area. JENSEN at the time was seated within a silver colored Ford Expedition which was parked/positioned within the southwest portion of the hotel parking lot. Team members were further advised that the suspect and female had entered into a black colored 'suv' and were in the process of backing out of a parking stall. JENSEN stated that he then observed Detective Pirooz who was driving a black Dodge 'suv' with its 'take-down lights ' activated, enter into the hotel parking lot and proceed in the direction of the suspect vehicle. JENSEN next observed the suspect vehicle travelling in reverse within the hotel parking lot. JENSEN said as additional members of the surveillance team proceeded into the parking lot area, his view became obstructed and he was no longer able to observe the subsequent activities. REPORT BY DATE OF REPORT CLB\ercusto 11/2/2019 8:30:21 Ml Inv. D. Salcedo #545 (3 PAGE 1 OF 2 1 COPIES TO I 2 CASE NO 13-087192 SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA ORA HUTCHENS, SHERIFF-CORONER REPORT CONTINUATION JENSEN advised that he next heard several gunshots (unk. number) and did not know the source. JENSEN drove into the parking lot area and observed the suspect vehicle stopped where it had collided with a semi-trailer. JENSEN exited his vehicle and observed the suspect and a female within the indicated vehicle who were now being ordered by officers to exit. JENSEN said he then contacted the Orange County Sheriff Department's 'watch commander' (J. Carlsen) to advise him of the situation. JENSEN and his team were then requested to secure the suspect's hotel room (#323) which was completed. JENSEN confirmed that neither he nor any members of his team deployed their weapons. The interview with JENSEN was concluded at 2 I 16 hours. INVEST! I G 01:EICERS REPORT BY DATE OF REPORT APPROVED '•<'fCUS1 )19 8. Inv. D. Salcedo #545 PAGE2 • Printed by CLB\ercusto 111212019 8:30:22 AM 1 COPIES TO: Homicide ITV· 0 Yes l8J No SHERIFF'S DEPARTMENT ORANGE COUNTY SANT A ANA, CALIFORNIA CONFIDENTIAL SANDRA HUTCHENS, SHERIFF-CORONER 12. CASE NO. 13-087192 3 0 INITIAL NON-CRIMINAL 4 0 INITIAL-CRIMINAL 5. 0 FOLLOW-UP CRIMINAL 6. D CONTINUATION REPORT NO. FOLLOW-UP REPORT 7. OFFENSE -ION OF OCCURRENCE CPC 245(a)(I) Assault with a Deadly Weapon Lake Center Drive Lake Forest, Ca 92630 9. VICTlt.VINFORMANT 10. OATEANO milt OF OCCURRENCE 111 GRID V: Detective J. Pirooz #5712-Long Beach Police Friday, May l 0, 2013 .Approx l 628hrs 891 E5 12. DETAILSOFOFFENSE: I Witness Interview-Detective Joe Pirooz 2 3 Witness information: 4 Long Beach PD Detective Joe Pirooz 5 400 W. Broadway 6 Long Beach, Ca 90802 7 562-570-7260 8 Current Assignment: Task Force Officer-US Marshals Paci tic Southwest Regional Fugitive Task Force (PSWRFTF). Black Dodge Durango: Ca license number 6CGT356 11 12 Details: 13 On Friday, May 10th, 2013, at approximately 1709 hours, 1 received a phone call from 14 Investigator Myrna Caballero who told me that [ needed to respond to the Irvine Suites Hotel,_ 15 Lake Center Drive Lake Forest, Ca, regarding an Officer Involved Shooting. I arrived at the Irvine 16 Suites Hotel at approximately 1845 hours. 17 18 At approximately 1853 hours, Sergeant Mike Jensen, from the South Gang Enforcement 19 T earn (GET) provided us with a briefing of the incident. After the briefing I was assigned the task of 20 interviewing the Officer who was involved in the shooting, Detective Joe Pirooz. 2 1 22 Scene Description: 23 See Investigator Voght's follow-up report, regarding Deputy Mitry's interview, for the scene description. REPORT BY DATE OF REPORT Inv. A. Quilantan #542 1 5/20/13 PAGE 1 OF !I 1 COPIES TO: Homicide SHERIFF'S DEPARTMENT ORANGE COUNTY SANTAANA, CALIFORNIA SANDRA HUTCHENS, SHERIFF-CORONER I 2. CASE NO. 13-087192 REPORT CONTINUATIO Interview of Detective Joe Pirooz of The Long Beach Police Department and The United States 2 Marshals Fugitive Warrant Detail: 3 4 On Friday, May 10, 2013, at approximately 2042 hours, Investigator D. Vogbt and I 5 interviewed Long Beach Police Officer Detective Joe Pirooz in a conference room al the Irvine 6 Suites Hotel ~ake Center Drive Lake Forest, Ca). The interview was digitally recorded and 7 was subsequently downloaded to my work station computer. Also present during the interview was 8 Long Beach Police Sergeant Erik Herzog and Detective Pirooz's attorney, Jim Trott. Detective 9 Pirooz provided a free and voluntary statement; the following is a summary of the interview: 10 11 Detective Pirooz has been a police officer with the Long Beach Police Department for 12 approximately 15 years. In that time he has worked patrol, has been a field training officer, worked 13 street level narcotic investigations and in 2005 he was promoted to Detective and assigned to gang 14 investigations. In 2012, he was assigned as a Task Force 9rncer with the US Marshals PSWRFTF. On this particular day he was wearing a USC T-shirt, blue jeans and boots. He was also wearing his 16 department issued patrol vest on the outside of his T-shirt. Attached to the front of his vest was a 17 patch that said US Marshals and he wore his department issued metal badge on the outside of the 18 vest. The weapon he was carrying was a .45 caliber Para Ordnance semi automatic handgun. He had 19 one magazine in the gun that had 14 rounds with an additional round in the chamber of the gun. He 20 also carried two additional magazines that also had 14 rounds. 21 22 On Friday May 10, 20 13 Detective Pirooz was contacted by Inspector Dave Diliberti of the 23 US Marshals who told him he needed assistance in locating and apprehending a fugitive (Lawrence 24 Mares DOB 08-06-73) who was wanted by the Buena Park Police Department for CPC 664/187- 25 attempted murder. Detective Pirooz received the following information regarding Mares: he was a 26 known criminal street gang member, he was wanted by Buena Park for attempted murder of another 27 criminal street gang member, the weapon used in the Buena Park case had not been recovered and 28 Mares should be considered armed and dangerous, Mares had several arrests where a weapon was 29 involved. REPORT BY DATE OF REPORT Inv. A. uj)antan #5421 5/20/13 PAGE2 1 COPIES TO Homicide I 2 CASE NO 13-0871 92 SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA SANDRA HUTCHENS, SHERIFF-CORONER REPORT CONTINUATIO Their initial investigation started at approximately 0900 hours, at the Holel Menage (. S. Harbor 2 Blvd Anaheim, Ca). Detective Pirooz was part of the surveillance team. At around Noon, the 3 surveillance ended without locating Mares. 4 5 At about 1300 hours, he received additional information from Inspector Di liberti regarding 6 Mares. The new infonnation revealed lhat Mares was possibly at the Irvine Suites Hotel ~Lake 7 Center Drive Lake Forest, Ca). Detective Pirooz responded to the Hotel to assist in the surveillance. 8 He backed his unmarked, black, Dodge Durango into a parking spot in the orth end of the front 9 parking lot facing the hotel. During the surveillance, members of the Orange County Sheri ff's IO Department arrived to assist. As new members to the surveillance team arrived, Inspector Diliberti 11 provided an over the radio briefing on Mares and the reason for the warrant. 12 13 During the surveillance, Detective Pirooz heard someone transmit over the radio that there 14 was a possible suspect sighting. The radio transmission stated the possible male suspect was with an unknown female walking in the South parking lot and they got into a black Chevrolet Suburban with 16 paper plates. He then heard another radio transmission by someone saying the vehicle description 17 matched a vehicle he saw leaving the Hotel Menage earlier in the day. 18 19 Detective Pirooz maintained his surveillance location and monitored the radio transmissions. 20 I le heard that the suspect vehicle was now backing up and it appeared it was attempting to leave the 21 South end of the parking lot. He also heard someone say something to the effect of 'That looks like 22 our guy." 23 24 Detective Pirooz looked to his right (South) and saw that Inspector Diliberti had activated his 25 red and blue lights in attempt to stop the vehicle. Detective Pirooz pulled out of his parking spot and 26 positioned himself behind the suspect vehicle which was facing away from him. Detective Pirooz 27 activated his red and blue lights, exited his vehicle, drew his service weapon and began to give 28 commands to the suspect, commanding him to stop. He could see who he thought was Mares in the 29 driver seat of the truck along with an unknown female in the passenger seat. As Detective Pirooz REPORT BY Inv. A. uilantan #5421 PAGE3 DATE OF REPORT 5/20/13 • 1 COPIES TO: Homicide SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA SANDRA HUTCHENS, SHERIFF-CORONER I 2. CASE NO. 13-087 J 92 REPORT CONTINUA TIO 1 gave commands, Mares looked around and started to manipulate the area around the steering wheel 2 and he failed to respond to Deputy Pirooz's commands. 3 4 Mares did not stop as commanded and his vehicle began to travel backwards. As the vehicle 5 travelled backwards it was now at an angle crossing in front of Detective Pirooz's vehicle. Detective 6 Pirooz began to lose sight of Mares so he retreated to the rear of his (Det Pirooz) vehicle and assumed 7 the position on the passenger side of his car and continued to give commands to Mares. In Detective 8 Pirooz's mind, eventhough Mares had his window rolled up he felt he was giving his commands loud 9 enough for Mares to heard them. Detective Pirooz also saw Mares look at him (Det Pirooz). Mares l 0 continued to ignore Detective Pirooz's commands and accelerated at a high rate of speed in reverse 11 directly in the path of the area to the passenger side of Detective Pirooz's vehicle. Detective Pirooz 12 had to retreat to the rear of his vehicle to avoid being hit by Mares's vehicle. While at the rear of his 13 vehicle, Detective Pirooz saw Mares continue to drive at a high rate of speed in reverse. Detective 14 Pirooz walked towards Mares vehicle as it continued backwards. As Mares travelled at a high rate of speed in reverse, Detective Pirooz saw a vehicle entering the hotel parking lot via the North entrance 16 and directly in the path of Mares's vehicle. (I later learned the vehicle was an unmarked Buena 17 Park Police Department vehicle, a silver Chevrolet Impala, being driven by Detective Jerry 18 Vongries. See Inv. Monta110 'sf ol/ow-up report for further information). 19 20 As Mares approached the silver Impala at a high rate of speed, Detective Pirooz felt in his 2 1 mind that in addition to Mares being a suspected armed and dangerous fleeing felon, he also felt the 22 lives of the occupants of the silver Impala were in immediate danger so he fired four rounds from his 23 service weapon at the driver area of Mares's vehicle. Mares crashed into an unoccupied semi-truck 24 and was taken into custody by Inspector Diliberti and Deputy US Marshal Ries. During a search 25 incident to arrest, Deputy US Marshal Ries found a small baggie of white powder in Mares's right 26 front pocket. (For additional information on the arrest refer to Investigator Mo11tano'sfol/ow-up 27 interviews of Inspector Diliberti and Deputy US Marshal Ries). 28 29 Senior Forensic Specialist Lenora Pena-Sanchez collected Detective Pirooz's service weapon as evidence and Investigator D. Voght requested our crime lab perform a function test on the gun to FICERS REPORT BY DATE OF REPORT an #5421 Inv. A. Quilantan #5421 5/20/13 C ~ ...... ,........._..,...a,.---..;""'"' _______ _.... _____ PA_G_E~4-----------~-------- I • • -r~5c..~-r:s:-t::,v-J o~ ::>rvv. Q (.)..~ L ~I\.) T ~ ~ ~n,.0::i::: £WV, • --OoN.C <-t'Sj L.Ei h, -rJ/,-t,:J IA ff¥! N~~ 7tr,,ANs~~'t'?'s A~~ ~ikS, "lo, ~6~ Printed by c,gercusto 11~20198 3J26 AM 1. COPIES TO Homicide SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA SANDRA HUTCHENS, SHERIFF-CORONER I 2. CASE NO. 13-087192 REPORT CONTINUATIO insure it was operating properly. On Wednesday May 15, 2013 Bob Reckers of the Orange County 2 Sheriffs Department Crime Lab Firearms Unit said the weapon had been tested and was safe to 3 return. 4 5 For additional information on Detective Pirooz's interview refer to the digital recording. 6 7 8 9 End of Report. • REPORT BY DATE OF REPORT Inv. A. Quilantan #5421 5/20/13 PAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Q: 16 17 18 19 20 21 A: 22 23 Q: 24 25 26 27 28 29 30 3 1 32 A: 33 34 Q: 35 36 37 38 A: 39 40 Q: 41 42 A: 43 44 Q: 45 Printed by CLB\ercusto 11/2/2019 8.30.28 AM INTERVIEW WITH JOE PIROOZ Q=lnv. Alex Quilantan Ql=lnv. Don Voght Q2=James Trott Q3=Det. Erik Herzog A=Joe Pirooz INTERVIEW WlTH JOE PlROOZ Interviewer: Inv. Alex Quilantan 05-I0-13n:53 pm Case # 0 IS l3-0 IO Page I All right. This is investigator Alex Quilantan with the Orange County Sheriff's Department. I'm here with my partner, Don Voght, Investigator Don Voght along with, uh, Jim Trott, the Long Beach PD's, uh, Association attorney and Erik Herzog, Long Beach PD's homicide sergeant and D- Detective, correct? Yes. ... Detective Joe Pirooz with, uh, Long Beach PD. We're going to be discussing, uh, an incident regarding Or-Orange County Sheriff's Department Case 13-07192, uh, related to an, uh -an actual warrant arrest that was for Winter Park PD and their case number is 12-425, uh, 83. It is, uh, May 10, 2013, approximately 1953 hours. Um, and, Joe, we spoke briefly off tape just, uh, before I turned it on just to make sure that you'd a -an opportunity to speak with your association representative and that you've agreed to talk to us here on tape. Yes. Okay. Um, like I said, I'm just going to get a -a couple of background, um - background things done on you and make sure I spell your name right, actually. How do you spell you last name? It's P-I-R-0-0 -Z. And Joe or is it Joseph? J-0-E. Just Joe? 46 A : 47 48 Q: 49 50 A: 51 52 Q: 53 54 A : 55 56 Q: 57 58 59 60 A: 61 62 63 64 65 Q: 66 67 A: 68 69 70 Q: 71 72 73 74 75 76 77 A: 78 79 80 81 82 83 84 Q: 85 86 87 88 89 A: 90 Printed by CLB\ercusto 11/2/2019 8 3C:28 AN Yes, sir. Okay. And your birth date? INTERVIEW WITH JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-I0-13ll:53 pm Case # OIS 13-0 10 Page 2 And how long have you been with Long Beach PD? Uh, 15 years and -almost 16 years. And just brief overview as far as your -your assignments there and your current assignment now, kinda what you've -what you've done there as far as patrol, investigations or ... I was a patrol officer, um, when I first was hired with the police department. Um, I was an FfO. I worked street narcotics. In 2005 I was, um, promoted to detective, worked, uh, gang investigations since 2005. Um, I still have that seat in that shop, so I've been a gang detective for ten years. Okay. Um, 2012 I was, um -um, task forced to the U.S. Marshals, uh, Task Force and that's where I'm current -my current assignment is now. Okay. So, um, basically we got -we got called here 'cause you guys were sent -asked for, uh -uh, help serve a warrant for Winter Park PD. Is that your understanding on why you guys were sent out here or just kind of basically tell me how you came from Long Beach PD to the U.S. Marshal's Office and here in -in Irvine, what exactly you were told that -that brought you and your team out here? I was working with Inspector (David Delaverdi), who had a fugitive apprehension case, uh, assisting Buena Park Police Department on a fugitive who was wanted for assault with a deadly weapon, a shooting. Um, and currently had a million dollar warrant for his arrest. Um, Inspector (Delaverdi), um, was tracking this individual electronically and, uh, that evidence led us to this location. And then is this something that you guys were told over the radio, just meet here, were you in the office and he said come out here or what type of, uh, briefing did you guys have before you came out here or while you were out here? Earlier this morning approximately 9:00 am, um, I was told to go -or asked to go to, uh, a hotel in Anaheim off of, uh, Harbor Boulevard and Ball Road. The 91 92 93 94 95 96 97 98 99 100 Q: 101 102 103 104 A: 105 106 Q: 107 108 A: 109 110 .. 11 112 113 114 115 Q: 116 117 118 119 A: 120 121 Q: 122 123 124 A: 125 126 127 128 129 130 131 132 Q: '133 134 135 Printed by C Lt3\ercu~to 1112/2019 8.30:29 AM INTERVIEW WITH JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-I0-13/7:53 pm Case# ors IJ-010 Page3 -the, uh, Hotel Menage, I don't know how to spell it, um, referencing the same case, the same, uh, suspect and the same warrant. Um, I drove to that location and, uh, participated in the surveillance there. And at some time prior to noon, we broke down the surveillance and went back to Santa Ana. After approximately 1300 hours, Inspector (Delaverdi) told me that he had new evidence that he believes that the suspect was here. And at which time we mobilized what we could, who we had, uh, available to us and we drove to this location southbound, the 5 freeway. And then you -you obviously arrived here and were -was given an assignment or who gave out assignments as to who was going to do what or set up where for the ... Inspector (Del) ... ... for the warrant service? Inspector (Delaverdi) asked me to take the south -I'm sorry, the north, um - position in the north part of the parking lot to prevent any escape from, um, the suspect fleeing if he chose to flee. And, um -uh, he coordinated that with a Winter Park detective who was the IO on the, uh, shooting case of Buena Park. So when I got here I was told to go to a specific channel on the radio, which I did. And, uh, communicated the surveillance, uh, within my vehicle. So once you guys were set up, did -was there any additional briefing as to susept-suspect description, vehkles, um, criminal history or what the -any more detail on the warrant or ... Yes. What -what -what were you told about -about the individual, who you were looking for? I was told that the suspect that we was in -was in question was considered armed and dangerous. The firearm used in the, um, 245 shooting in Buena Park was still outstanding. Um, the suspect had several, uh, arrests for possession of a firearm. And was wanted for two separate investigations involving an assault with a deadly weapon. And he was considered -well, (unintelligible) but he was considered armed and dangerous. The -the warrant was in the system for attempted murder and was, uh, one million dollars. Okay. So you're -you're set up on your end of the parking lot and, uh, Inspector (Delaverdi) gave assignments to other units and they were watching for this individual to come out from wherever? 136 A: 137 138 Q: 139 140 141 A: 142 143 144 145 146 147 148 Q: 149 150 A: 151 152 Q: 153 154 A: 155 56 157 Q: 158 159 160 161 162 163 A: 164 165 166 167 168 169 170 171 172 173 174 Q: 175 176 177 78 A: 179 180 Q: Printed by CLB' rcusto1112/20198.3030AM That's correct. INTERVIEW WITH JOE PIROOZ Interviewer: Inv. Alex Quilantan 0S-IO-l3n:S3 pm Case# OIS13-010 Page4 So, how long do you think you were in the -in the parking lot there before stuff started coming over the radio? Well, it was continuously -continuously talked about because units, uh -units from the sheriffs department, Buena Park units would show up and then would just be regurgitated over the air. Uh, what we were looking, uh, where to be -where to be positioned and, uh, where to, um -and what to look for. There was obviously possibles walking around in here that, uh, officers, investigators were looking at and that traffic was relayed over the radio. And I -I don't think I asked you what, uh ... Thank you. ... your vehicle, what kind of vehicle you were in, unmarked or a marked unit? I drive a black Dodge Durango. It is not marked, it has tinted windows, uh, it's an SUV. Okay. And now so other units are arriving, uh, Inspector (Delaverdi)'s giving a briefing again so that everyone's in tune with who you're looking for and his criminal history, uh, so to speak. Eventually, the person you're looking for comes out, what is it that you hear over the radio that -okay, now, we're -the guy we're looking for is here and he's wherever he's at? Um, I heard somebody say there was a, uh -a possible. A su-a suspect we -or a subject leaving, uh, a room and was walking towards the south parking garage area and getting into a black, uh, SUV, I think it was a Chevy Suburban. Um, the suspect was wearing a hat at the time, so identification was a little difficult for whoever was watching him. Um, there was a female that was with him, but unknown -unknown who -what relationship he -that female was to that person. Urn, they got into that black -a black SUV with paper plates. And, uh, another officer over the radio stated that that vehicle matched the vehicle that left the Anaheim Menage Motel, um, and that was possibly our suspect. Now, I don't think I asked you on -when you guys were getting the briefing, did, uh -did, uh, Inspector (Delaverdi) have a picture so that everyone obviously knew what he looked like, a DMV photo or a booking photo? Yes, sir. And that's something that you saw as well? 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 _01 02 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 r-"?23 a,'224 A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Ql: Q: Printed by Clt:3\ercusto 11/2/2019 8.30:31 AM Yes, sir. INTERVIEW WITH JOE PlROOZ Interviewer: lnv. Alex Quilantan 05-I0-13n:53 pm Case# OISI3-010 Page 5 Okay. So, the vehicle that someone said was a possible, him getting in it, it -it leaves the parking lot or goes mobile? It goes mobile. It attempts to leave this location via the south, um, driveway ... Now is this something you're seeing or you're still hearing over the radio? I hear it over the radio. I don't see it. Uh, I don't see it until I see -I look to my right 'cause I'm in the -the north, uh -closest to the north driveway. I look to my right and I see Inspector (Delaverdi)' s -I see the vehicle in question. I see Inspector (Delaverdi) with his lights on contr-uh, contacting that vehicle. Lights, you meaning bis, uh -his, uh ... Police red and blue lights. ... police (unintelligible) lights, okay. Uh, with strobe lights emitting from his -bis car. And he's still in his car or did he come out on foot or the car's -the suspect car's still moving and he's trying to pull it over basically ... That's correct. ... trying to stop it, okay. And then wh-uh, from there it's coming your direction or it's still at the end of the ... It's ... ... the far end? ... still by Inspector (Delaverdi) and all I see is a possible target vehicle and I see Inspector (Delaverdi)' s vehicle and I drive from my location to where be was at. Was there ... Yeah, go ahead. 225 Ql: 226 227 228 229 230 A: 231 232 Ql: 233 234 235 236 A: 237 238 Ql: 239 240 A: 241 242 Ql: 243 244 Q: 45 246 247 248 249 250 251 A: 252 253 Q: 254 255 256 A: 257 258 Q: 259 260 261 A: 262 263 Q: 264 265 A: 266 267 Q: 268 269 Printed by CLB\ercusto 1112/2019 8.30:31 AM INTERVIBW WITH JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-10-IJn:53 pm Case# OIS 13-0IO Page 6 Just -just real quick, just for clarification purposes, um, you're on the north side of the parking lot you said, um, nearest Lake Forrest and the other -a suspect vehicle was on the south side of the parking lot and we're going to call that nearest El Toro, correct, and you see which way my arms are going ... Yes, sir. ... (unintelligible) El Toro, if you're not familiar with South Orange County, um, and you were backed into your spot or were you for-um, forward in your spot? I was backed in. You were backed in? Yes, sir. Okay. Okay. You see, uh, Inspector (Delaverdi) Ii-um -with his, uh, lights on attempting to pull this vehicle over, did he -he or anyone else say anything before that, first it was a possible and then, uh, did anyone say, okay, th-this is our guy, we're going to take him down, don't let him out or anything of that nature that would let everyone else know that -to converge on the car, do you recall? I did -I heard something along the lines of that looks like our guy. Okay. So you -you looked to your right, you see, uh -um, Inspector (Delaverdi) with lights on, what do you do after that fr-from there? I drive towards that location in the parking lot. So th-they're down here and the suspect vehicle is facing you when you pull out or wh-which way is the suspect vehicle ... He's facing south. So you're seeing the back -the backend of his car? Yes, sir. Okay. I just want to make sure I got my -my bearings straight. So you -you go to, uh, Inspector (Delaverdi)' s location. You see the back end of the suspect vehicle, you see Inspector (Delaverdi)'s car facing it with its -with its 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 _90 91 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 12 13 i»te A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: y CLB\ercusro t 1,2,2, '1 _ 3i,:32 AM INTERVIBW Wl'Jli JOE PIROOZ Interviewer: lnv. Alex Quilantan 05-IO-l3n:53 pm Case# OISl3-0IO Page 7 lights on. And then -and then what -what goes from -what happens from there as far as -what does the suspect vehicle do, does it stop right there and comply with his orders or does it do something -stay -drive somewhere else or what exactly does it do? It stops initially and I tum on my emergency lights and I pull up so that I am facing southbound in that parking lot towards the -looking to-looking at that vehicle from behind. And I pull up and I exit my vehicle and I draw my weapon and I give commands to turn the car off, police department, come out. When you're doing that can you -can you see him now, is his window rolled down or where are you at in relation to where the suspect is and is he driving the car or is he a passenger? Suspect is driving the vehicle. Okay. I can see -see him driving the vehicle. I see a female in the passenger side. Okay. And then you're giving him commands ... That's correct. ... to turn the car off and what does he do, does he say anything? He looks around and he's manipulating, um, the steering wheel and components of the vehicle. And then you -you give several more orders or wha-what -you tell him to stop, he obviously h-h-doesn't because when we see the car it's in another location, what exactly, um -after you tell him to stop, he's manipulating stuff in the car, does he drive forward, backwards, if you can remember? The vehicle at that point ceases to -begins to roll. I don't know if he's going to put it in park or if he just took his -took his hands up, put his feet on and took his feet o-I don't know what he did. Uh, but at that point, I move to the rear of the vehicle so that I can get a better view of -of him and get a closer proximity so I can give better commands. At which time he, uh, accelerates in reverse towards me at a high rate of speed. And yo-your car's obviously out of the way then, he doesn't run into your car? He -I thought he did hit my car. 315 316 Q: 317 318 A: 319 320 321 322 Q: 323 324 325 A: 326 327 Q: 328 329 A: 330 33 1 Q: 332 333 334 35 A: 36 337 338 339 340 34 1 Q: 342 343 344 345 346 347 A: 348 349 350 351 Ql: 352 353 354 A: 355 356 QI : q 57 58 3 te :by Cl B' cu,t, 11-'2'2019 ~30:33A'v1 Okay. INTERVIEW WITH JOE PrROOZ Interviewer: Inv. Alex Quilantan 05-IO-l3n:53 pm case # ors 13-0 JO Page 8 But I -when I believed he hit my car I had moved -I had turned around and moved out of the way and bis vehicle continued in reverse northbound of the parking lot. And then you proceed on foot to his location once be passes you or wha-what do you do after that once he -once he speeds off in reverse? Once he speeds off in reverse, I follow on foot. And then he continues through -northbound through the parking lot? That's correct. And then you're giving him commands still or what's your -what are your actions, you're -you're still talking to him or he's -he's too -a little too far away to -to give commands to? I -I order him to stop, police, stop and he doesn 't. And I know he's a, uh, fleeing felon. I know he's wanted for, uh, the attempted murder. I know he's possibly armed and dangerous and he may have a weapon. And I believe he is a substantial risk to the public safety and to others who are here at the location including officers. Now when he's -so he's speeding backwards, who's, if you can remember, behind him, are there any civilians back there, people coming in to check into their rooms, people driving in, uh, you know, 'cause there's another entrance there, what is it that you, if you can remember, seeing the backdrop of his car as he's speeding backwards? The backdrop of -of his vehicle is a tractor-trailer -track-tractor-trailer, that's parked. And I don't see any -anybody from the hotel or motel or in the parking lot on foot. How long were you here before his vehicle went mo-um, mobile, approximately? At least an hour, probably longer. During that time, that hour, did you see any pedestrians coming in and out of the hotel at all? Yes, sir. 360 361 Ql: 362 363 A: 364 365 Ql: 366 367 A: 368 369 Ql: 370 371 372 A: 373 374 Ql: 375 376 A: 377 378 Ql: 379 80 Q: 381 382 Ql: 383 384 385 Q: 386 387 Ql: 388 389 390 391 A: 392 393 Ql: 394 395 A: 396 397 398 399 Ql: 400 401 02 A: ~03 Printed by CLB\ercu5to 11/2/2019 8:30:33 AM How many would you say you saw? Um, several dozen. INTERVIBW WITH JOE PCROOZ Interviewer: Inv. Alex Quilantan 05-I0-13n:53 pm Case # O1S13-0IO Page9 Okay. From the parking lot where you were parked ... Yes, sir. ... coming into the hotel and out of the hotel, were there other cars parked in the parking lot where you were parked? Yes, sir. Belonging to hotel guests, I'm assuming? Yes, sir. Okay. So you saw that. Um -okay. Sorry. No, that's fine. Uh ... Um, I do have a couple other things pr-before we get further I want to ask a couple more questions first. All right. Go ahead. Did you know that -were you briefed as to what type of criminal this guy was, um, prior to you getting here if he was -if he was known to be a gang member at all or anything like that? Yes. Wh-do you recall what you were told about his gang affiliations? Yes, sir. I was told that he was a -an F-Troop gang member. And he was wanted for the shooting -shooting another gang member in Buena Park. And that had a -he had a lengthy criminal history. Okay. Um, when you were in your car, were you solo or did you have a partner? I was solo. 404 Ql: 405 406 407 A: 408 409 410 411 Ql: 412 413 A: 414 415 Ql : 416 417 A: 418 419 420 421 Ql: 422 423 A: 24 25 Ql: 426 427 428 A: 429 430 Ql: 431 432 433 A: 434 435 Ql: 436 437 438 A: 439 440 441 Ql : 442 443 A: 444 445 Ql: 6 7 A: ~nted by CLB\ercusto 11/2/2019 8:3o:34 AM INTERVIEW WITH JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-I0-13n:53 pm Case# OIS 13-0 IO Page 10 Okay. Um, I know we already took photographs of you, what were you wearing at the time that this all took place? I'm wearing a, uh, black USC T-shirt, uh, blue jeans and tan colored, uh, Oakley boots. I have my department issued patrol vest on top of my black USC T-shirt. What does the patrol vest say on it? Uh ... Anything that identifies you as a police officer or anything? Yes. It says United -U.S. Marshal and has the, um, U.S. Marshal, uh, Pacific Southwest Regional Task Force seal and I have my department issued police officer detective badge affixed to the pocket of my vest. Okay. And ... Facing outward, clearly visible and depicting me as a police officer. What about the -the -the vest itself, was -does it say marshal on the back or marshal on the front? Just on the front. On the front, okay. Um, do you recall about what time you arrived here at the Irvine Suites approximately? I know it was after 1300 hours. Approximately how many other officers that were part of this arrest team were here today with you? I'm not sure of the actual number. Um, I've s-I saw multiple vehicles and multiple investigators. Okay. Would you say more than six or seven? Yes, sir. Okay. Um -okay. They weren't all from the task force, correct? That's correct. 449 QI: 450 451 452 A: 453 454 Ql: 455 456 457 458 A: 459 460 QI: 461 462 Q: 463 464 Ql: 465 466 467 468 69 A: 470 471 472 473 Ql: 474 475 476 477 478 479 A: 480 481 Ql: 482 483 A: 484 485 Q: 486 487 A: 488 489 Ql: 490 91 A: ij92 ~~nt lby CLB\ercu,to 11/2/2019 8:30:35 AM lNTERVIEW WITH JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-I0-13n:53 pm Case # OIS 13-0 JO Page 11 Okay. Some of 'em were -were some of 'em sheriffs deputies or were some of 'em sheriffs, uh, undercover officers or -or do you know? Yes. Okay. Um, I want to clarify one more thing. You said you were parked on the north side of the parking lot, backed in, were you facing the street or were you facing the hotel? I was facing the hotel. Okay. And I'm sorry, Alex. No, that's all right. When you said that you were -you went to the rear of the vehicle, were you talking about your vehicle or -when you said you were trying to get closer to the suspect so you could give better commands, was that your vehicle or his vehicle? I exited my driver's side door of my vehicle, gave those initial commands. I went to the rear of my vehicle to come to the passenger side of my vehicle, which was where the driver's side door of the suspect vehicle was at. Were you guys not facing the same direction, just -I just want to clarify that 'cause you're saying you were on your passenger side of your vehicle and I was under the impression that he was facing that way and you were facing this way? It -it -correct me if I'm wrong, I'm -I'm -and if you don't recall, you don't recall. I recall and you are somewhat correct. Okay. Um ... That's what -the impression I had, too, so ... So, his vehicle is canted because when he backs out. .. Mm-hm. ... he backs out at an angle. Okay. 494 495 A: 496 497 Q: 498 499 A: 500 501 Q: 502 503 A: 504 505 Ql: 506 507 A: 508 509 Ql: 510 511 A: 512 513 14 Ql: 15 516 A: 517 518 519 520 Ql: 521 522 A: 523 524 QI: 525 526 527 528 529 530 531 A: 532 533 Ql: 534 535 A: 36 Printed by CLB\ercusto 11/2/2019 8 30 36 AM INTERVIEW WITH JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-I0-13n:53 pm Case# 01S13-0IO Page 12 So, he's backing out and when I said his vehicle began to roll, it moved ... This way ... ... to the rear. .. .like this. So I'm starting to lose -while I'm at my driver's side door ... Mm-hm. .. .I'm starting to lose my -my target... Okay. ... and as he moves -as -as he starts to roll back, which I believe is an attempt to evade the contact. .. Mm-hrn. .. .I decide to move to the rear of my vehicle to come in between my vehicle and his vehicle to be closer in proximity to the driver's side of the suspect vehicle to give verbal commands and to make sure he understands ... Okay. ... we're the police. And, um -and for the tape, I'm using a cell phone and a recorder here as two vehicles, okay? So I understand this. This here is, um, Lake Center Ori-um, I think it's called Lake Center Drive, which is the road that's out in front of the hotel. The hotel is my note pad right here. And you were initially parked over here facing the hotel and you pulled out this way. Is my cell phone an accurate description of wh-how you're describing his vehicle to be? Yes. Kind of? Yes, sir. 537 Ql: 538 539 540 541 A: 542 543 QI: 544 545 546 A: 547 548 QI: 549 550 551 552 A: 553 554 Ql: 555 556 57 558 559 560 A: 561 562 QI: 563 564 A: 565 566 QI: 567 568 569 570 A: 571 572 QI: 573 574 575 576 577 578 A: 79 80 QI: ~8 ·nted Ly CLB' •rcustr 11,212019 8:30 36 AM INTERVIEW WITH JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-I0-l3n:53 pm Case# O1S13-010 Page 13 Okay. So for the record, for the tape, the back of his vehicle is kind of facing Lake Center Drive and his front door is somewhat -or his driver's side door is somewhat facing you a little bit, is this somewhat accurate? Yes, sir. You get out, you 're giving commands, you go to the back of your car, now you're on the passenger side of your car, correct? Yes, sir. Okay. Um, and you said you, um, could see him, um, and 1 can't remember if th-if his window was rolled up or rolled down or if you remember. If you don't, that's fine. I believe it was rolled up. Okay. Um, did you have a -a relatively good view of him, um, through this window? I -I guess my next question's going to be, um, could you see what he was doing with his hands at all times, um, were his -were both his hands on the steering wheel where you can clearly see them or were they moving at all? Yes. Yes what? Yes, his hands were moving, no, I could not clearly see what he was doing. Okay. Um, did they at any time go lower than what I would consider the window to where you could not see them, like down by his lap or something like that at all? Yes. Okay. Um, you had mentioned earlier, I just want to clarify this, um, assault with a deadly weapon, that he was wanted for assault with a deadly weapon, then you said, um, attempted murder. Do you specifically remember that he was wanted for attempted murder, that the -that was what the warrant was for? Yes. Okay. Um, and then when his car passed you in reverse I believe it was or was it forward? 582 583 A: 584 585 Ql: 586 587 588 A: 589 590 Ql: 591 592 A: 593 594 Ql: 595 596 597 598 599 A: 600 601 02 603 Ql: 604 605 606 A: 607 608 Ql: 609 610 A: 611 612 Ql: 613 614 615 616 A: 617 618 Ql: 619 620 621 A: 622 623 Ql: 24 625 ~Anted by CU:Hercusto 11,2/2019 8.30:3! AM In reverse. INTERVlEW WITH JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-IO-l3n:53 pm Case # 01S 13-010 Page 14 Okay. Do you recall if he passed you on your passenger side, if he had to manipulate his car at all, if he passed you on the driver's side, do you recall? He passed me on the passenger side of my vehicle. On the passenger side, the same side of the vehicle you were on? That's correct. Now I've been on the parking lot and I can see where your car is. There's not a lot of space between your car and then, you know, the edge of the parking lot. Um, did you have to do anything to avoid being hit at all or anything like that or did you just stand there and he just shot right past ya? I believe I stated earlier I had to get out of the way. I actually thought he hit my vehicle and I s-moved out of the way to get -to avoid being struck or ran over. Okay. Do you re-do you remember if you jumped out of the way back behind your car or ... Yes. .. .if you jumped towards the street, if -if you remember? Behind my vehicle. Okay. So, as he's coming past your car, you actually had to come back behind your vehicle because it -either you thought he was going to hit you or he may have hit you, but he was definitely coming past you? That's correct. Okay. In your mind, had you stood exactly where you were and not moved, would you have been struck? Yes. Okay. And then you had mentioned something about another hotel or motel in Anaheim earlier in the day that you had, um, did some surveillance on and then you guys ended that surveillance, did you guys know what his suspect vehicle was at that point? 627 628 A: 629 630 Ql: 631 632 633 634 635 A: 636 637 638 639 Ql: 640 641 A: 642 643 644 Ql: 645 646 A: 47 8 Ql: 649 650 651 A: 652 653 Ql: 654 655 656 A: 657 658 Ql: 659 660 A: 661 662 Ql: 663 664 665 A: 666 667 Ql: 668 69 70 ~ ·nt by CLB\ercusto 1112120h, 8.30:3B AM No, sir. INTERVIEW WITH JOE PTROOZ Interviewer: Inv. Alex Quilantan 05-10-1 3n:53 pm Case# OIS 13-010 Page 15 You did not. Um, how did you guys -'cause later on you had mentioned that someone had said they saw a -a vehicle here that was similar to one or that - that was at the other hotel. How did that come about that -that you guys knew -if -if you know? I don't know the specifics on who saw which vehicle at the, uh, hotel in Anaheim. The surveillance I conducted in Anaheim was inside the Hotel Menage. Mm-hm. I was in the lobby with another, uh, task force officer and we waited for that - for this suspect to come down the elevator, which never occurred. Okay. I never saw any vehicles. So when you ca-you -you -even when you were in Anaheim, you didn't know what vehicle to look for there? No, sir. But later on when he came here someone said -someone gave a description of his vehicle at some point. .. Yes, sir. ... and I think you might have said it was (Delaverdi) or something? Yes, sir. Okay. Um, and just for clarification, was -was (Delaverdi)'s vehicle facing north? Yes. In the parking lot outside here, okay. Um, you said you gave him, um, commands, initially, when you pulled in behind him, verbal commands, um, were you yelling 'em out loud enough for -for him to hear them? Yes, sir. 672 673 Ql: 674 675 A: 676 677 Ql: 678 679 680 A: 681 682 Ql: 683 684 A: 685 686 Ql: 687 688 689 690 A: 691 692 Ql: 693 694 695 696 697 A: 698 699 Ql: 700 701 A: 702 703 Ql: 704 705 A: 706 707 Ql: 708 709 710 A: 711 712 Ql: 713 714 A: 715 µ:!lint by CLB\ercusto 11/2/2019 8 30 39 AM INTERVIBW WITH JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-IO-I3n:53 pm Case# O1S 13-010 Page 16 Okay. Loud enough for someone that was inside of a vehicle to hear them? Yes, sir. Okay. Do you recall how many commands you -you gave him, if it was one, if it was twice, if it was three times? More than three. More than three? Yes, sir. Okay. And, um -and I can't remember exactly what you said, um, but you - you identified yourself as a police officer and do you -again, what did you tell him to do? Stop. Stop, okay. You identified yourself as a police officer, stop. Um, do you recall if anyone else, at this point, when you're still facing him and he's still in his car, if any other of the police officers that were here, um, had been giving him any commands, do you remember hearing anyone else give commands at all? Before or after my command? Um, let's start with before. Yes. Okay. Do you remember who that was? Inspector (Delaverdi). Okay. So he had given commands, did the person stop and abide by hi-the commands? No, sir. The suspect I mean, okay. And did the suspect abide by your commands? No, sir. Okay. And you had your gun out and pointed it at him? 717 718 A: 719 720 Ql: 721 722 A: 723 724 Ql: 725 726 A: 727 728 Ql: 729 730 Q: 731 732 733 734 735 736 A: 37 38 739 740 741 742 743 744 Q: 745 746 A: 747 748 Q: 749 750 A: 751 752 Q: 753 754 A: 755 756 757 Q: 758 0 59 Q2: 60 7-61int by CU:i~rcusto 11 21201,, 8.30:39 AM Yes, sir. Do you think he could see you? Yes, sir. LNTERYIEW WITH JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-10-13n:53 pm Case# OIS 13-010 Page 17 Okay. Do you recall him ever looking in your direction? Yes, sir. Okay. Okay. That's all I have. Now we're back up to speed, sorry. All right. No. So we left off he's -he's gone by, you've had to get out of the way, go to the rear of your vehicle, the c-the car continued backing in a -in a reverse motion, the suspect vehicle until -until when, did it eventually stop, did you follow it through the parking lot on foot or did you -or what exactly did you do after it passed you? After it passed me, I continued to give it stop -the commands to stop, did not. I could see that there was another vehicle coming in the north -coming close to the north driveway. I feared that was, uh -obviously some people were in the vehicle, I feared that -that the suspect vehicle was going to strike that vehicle or to use his vehicle to move that vehicle out of the way. And I believe it -it was an immediate threat to -endanger to those per-passengers in the vehicle ... And then -and then you acted upon that? And I acted upon that. And what did you do to act upon that? I fired my weapon. At -at the vehicle that... I fired my weapon at the driver, the -the person who was behind the wheel of the suspect vehicle. How many times do you think you've -you fired your weapon? How many do you think? Do you think? 762 763 A: 764 765 Q: 766 767 768 769 770 771 A: 772 773 774 775 776 Q: 777 778 779 A: 780 781 Q: 82 83 A: 784 785 786 787 788 Q: 789 790 791 A: 792 793 Q: 794 795 A: 796 797 Q: 798 799 A: 800 801 Q: 802 803 A: 04 05 Q: ~Rnted by CLB1ercusto 1112/2019 8.30:40 AM Four times. INTERVIEW WITH JOE PTROOZ Interviewer: Inv. Alex Quilantan 05-10-13/7:53 pm Case# OIS 13-0 JO Page 18 Four times. Now, you're doing this from the rear of your vehicle or have you advanced at all on foot from -from whe-from the rear of your vehicle and to where he -he's at, uh, at the north end of the parking lot or do you recall how -how much you moved, how much you progressed from where -from where - when he passed you? When he passed me, I followed the vehicle on foot. Um, at some point, I believe there was the immediate threat and I fired my weapon. And I -after I fired my weapon I continued to move forward until that vehicle stopped. The vehicle crashed into the back of the -or struck the back of the tractor-trailer. Okay. So -and then you stopped shooting, there was no more shooting after it -after it struck the vehicle, do you recall the sequence of -of shots? My .. . Th .. . ... recollection is I fired four rounds as it was moving backwards at a high rate of speed. And after I stopped fire my four rounds, that vehicle struck the back of the trailer and, urn, the other vehicle that was coming in the driveway, it also struck it, suspect vehicle. Okay. Now, I don't think we've -'cause I don't remember asking you this, was he the only one in the car, the suspect? No. Who else did you see in the -in the vehicle? I saw a female. And she was where, in the front, the back ... Front seat. Front seat? Front passenger seat. Wha-what was she doing, do you recall her acting in any -any way, I mean, o-obviously you're looking at -at the male -at the male driver, but did she do 807 808 809 810 811 A: 812 813 Q: 814 815 816 817 818 A: 819 820 821 822 823 824 Q: 825 826 27 828 829 830 831 832 833 A: 834 835 836 Q: 837 838 839 840 A: 841 842 Q: 843 844 A: 845 846 Q: 847 848 A: 49 Printed by CLB\ercusto 11/2/2019 8.30:41 AM lNTERVIEW WlTI-1 JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-I0-13n :53 pm Case# 01S13-010 Page 19 anything that would, uh, lead you to believe it was dangerous as well or was she, uh, assisting him in anything or was she trying to get him to stop or -just thinking back, do you recall her doing anything? I can only recall that she was screaming. Okay. So the vehicle comes -crashes into the tractor-trailer, you fire what you fe-you feel is four rounds, then did you, uh, approach the vehicle after that to get him out of the vehicle or did someone else from the surveillance team, uh, get him and the female out of the -out of the car? Yes. After the vehicle came to rest at the tractor-trailer, the rest of the additional units that were here, the -did a semi-circle around the -the SUV, uh, at gunpoint and at some point in time, um, I think it was Inspector (Delaverdi) and another, uh, U.S. Marshal pulled the, uh, suspect out of the vehicle. Okay. Um, so I know I -I know I asked you -y -when I -when I said you shot the car, you said you were shooting at -at the suspect, so do you recall where the -where your rounds went to kind of assist us in -you -you think you shot four, so I just want to make sure that we --if that -if that's not the case, that's fine, if we don't find four shell casings, then -then we don't find 'em --is it -do you recall exactly the vehicle being struck, the tractor-trailer maybe being struck, the windshield, the grill of the truck, is that something that you can recall? I recall one of my rounds hitting the hood of the suspect vehicle near the driver's side just below the steering wheel area. And you didn't take part again in extracting the -the male or the -the female out, right, physically take part? Do -did you put -did you go in there and put hands on them to bring them out... No, sir. ... or were you still doing security ... I was still providing ... ... providing, uh ... ... protection ... 850 Q : 851 852 853 854 A: 855 856 Q : 857 858 A : 859 860 861 Q: 862 863 864 865 866 867 868 869 70 A: 71 872 873 874 875 876 Q: 877 878 879 A: 880 881 882 QI: 883 884 Q: 885 886 Ql: 887 888 889 A: 890 891 Q : 92 93 QI: ~9,inted by CLB ircustr 11/2/2019 8:30 42 AM fNTERVIEW WITH JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-I0-13n:53 pm Case# O1S13-010 Page 20 ... protection. How cooperative or uncooperative, once his vehicle crashed and the rounds were fired, do you recall, uh, the male half being? Do you recall his behavior, his demeanor ... Non-cooperative. Not cooperative. Can you recall what exactly he was doing, saying or ... He wouldn't listen to the commands and he wouldn't extract himself from the vehicle. So even after Inspector (Delaverdi) gives him commands he doesn't follow, you give him commands, he doesn't follow, you pointing your -your duty weapon at him, he's not following commands. He crashes the vehicle into the tractor-trailer, uh, before you fire approximately four rounds. Once his vehicle comes to a stop and they're trying to get him out of the vehicle, he's still not complying, physically not complying and verbally, is he saying anything or is he just not being cooperative with put your hands up or what were they telling him to do that he wasn't doing? They were giving him orders to come out and show his hands and come out of the vehicle and, uh, several orders from several different officers to do so. And I saw Inspector (Delaverdi), um, grab him from the window area of his vehicle and pull him out of the vehicle and place him in a position where he could effectively and safely arre-uh, handcuff him and detain him. Once that was done, he was put in -I'm assuming in someone's, uh, car or where was he sat at after that, him and the female? He was searched for any possible weapons on his person. And he was, uh, detained inside the parking structure on the north end of the parking lot. Are you ... I'm good, unless you have ... Okay. No, I'm going to ask a few more. Um, do you know if they found any - anything on him or inside the vehicle after they pulled him out? No, sir. You don't... (Unintelligible) ... 895 Q: 896 897 A: 898 899 Q: 900 901 Ql: 902 903 A: 904 905 Ql: 906 907 A: 908 909 Ql: 910 911 912 A: 913 914 Ql: 15 916 917 A: 918 919 Ql: 920 921 922 A: 923 924 QI: 925 926 927 928 A: 929 930 Ql: 931 932 933 Q: 934 935 Ql: 936 37 A: 38 ~9int :by CLl::hercust, i 11 21201,, 8.30:43 AM ... know or they didn't? I don't know. Okay. lNTERVlEW wrrn JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-JO-l3n:53 pm Case# 01S 13--010 Page 21 Okay. Urn, prior to this you told us that you worked gangs ... Yes, sir. ... for how many years? Ten years. Ten years of gangs, okay. Have you ever been involved in a gang investigation involving violence or guns or anything like that? Yes, sir. Have you ever been involved in gang -that it involves murders or anything like that? Yes, sir. Okay. Is it your experience that gang members potentially are dangerous people? Yes, sir. Okay. Do you know this going in to today's situation knowing that this guy's an F-Troop gang member from -I'm not sure, Santa Ana or Buena Park, I'm not sure where he's from, urn, is that part of your mindset? Absolutely. Okay. Is that a typical mindset for you when you go into a high, urn -what would you call -consider this ... High-risk arrest wa ... ... a high-risk arrest... Yes, sir. Okay. Um, wha-what kind of weapon do you carry? 940 941 A: 942 943 944 Ql: 945 946 A: 947 948 Ql: 949 950 A: 951 952 Ql: 953 954 A: 955 956 Ql: 957 958 A: 959 60 Ql: 61 962 A: 963 964 Ql: 965 966 A: 967 968 Ql: 969 970 971 A: 972 973 Ql: 974 975 A: 976 977 Ql: 978 979 Q: 980 981 Q3: ~82 ~83 Q: ~81inted by CLB' ircustr , 1,2/2019 8:30 44 AM fNTERVIEW WITH JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-l0-13n:53 pm Case# O1S1 3-010 Page 22 I carry a double stack .45 caliber, uh, single action -I'm sorry, double action Para Ordnance semiautomatic handgun. Okay. How many rounds, um -how many magazines do you carry? Typically three. Okay. And, um, today how many magazines did you have? Three. Okay. One in the -one in the gun? Yes, sir. How many rounds were in that magazine? Fourteen plus one. Okay. And when you say plus one you mean one in the chamber? Yes, sir. And then in the other two magazines how many rounds did you have? Fourteen. Okay. At any time during this, um, did you have to eject a magazine, do a tactical reload or anything like that? No, sir. So it was just the one -the one magazine, you never swapped out mags at all? No, sir. Okay. Okay. You guys have any ... I... ... questions for us? • 985 Q3: 986 987 Ql: 988 989 Q3: 990 991 992 993 A: 994 995 Q3: 996 997 A : 998 999 1000 Q3: 1001 1002 1003 1004 A: 5 006 1007 1008 1009 Q3: 1010 1011 A: 1012 1013 Q3: 1014 1015 1016 1017 1018 A: 1019 1020 1021 1022 Q3: 1023 1024 1025 A: 1026 27 Q3: 028 1Q2~int : by r: -B •rcustr 11 2•2~ 19 ... :30 45 AM .. .I do if you don't mind. Please. fNTERVIEW WITH JOE PfROOZ Interviewer: Inv. Alex Quilantan 05-I0-13n:53 pm Case# OIS 13-010 Page 23 Just a few more things. Uh, Joe, just for the tape it's Erik Herzog from Long Beach. What's your knowledge of the crime, when does this crime actually happen that this guy's being investigated for? I don't know, sir. I believe it is sometime this year. It's a fairly new warrant. And -and what do you know about the crime, is it, uh ... I was told that it's a gang related shooting where it's a gang member on gang member and the suspect shot a rival gang member in the back. And you said something, you mentioned two separate investigations or he's investigated for two separate things, is it all from that one incident or two separate incidents? Um, I believe in talking with Detective, uh, (Leppy) from -I don't know his full name, uh, from Buena Park Police Department, he said that he was being investigated for that shooting and -and another shooting where a firearm was involved. Both in Buena Park? I believe so, yes. Uh, and just not completely familiar with the marshals, (unintelligible) get an understanding, how do you guys do it, so one case agent -uh, if I contact you and I have a warrant does one person take the lead on that, is -how does (Delaverdi) become the point for this? Uh, yes, sir. Um, if you had a warrant and you would like me to, um, find your warrant suspect, uh, I become the case, uh, agent and the IO and, um, I do the background and I, um, allocate the resources to find your fugitive. And how long -do you know how long (Delaverdi) or how long have you been aware this person's been wanted and they've been working this case? Uh, as far as I know today. Okay. Today's the only time. • 1030 1031 Q3: 1032 1033 1034 A: 1035 1036 1037 Q3: 1038 1039 1040 A: 1041 1042 Q3: 1043 1044 A: 1045 1046 1047 1048 1049 50 Q3: 051 1052 A: 1053 1054 1055 1056 1057 1058 1059 Q3: 1060 1061 1062 A: 1063 1064 1065 1066 1067 1068 1069 1070 Q3: 1071 72 A: 73 1Q1tint =t y CLB •rcusto . 1 ,2: 19 3:30 45 AM INTERVIBW WITH JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-I0-13n:53 pm Case#OISl3-0I0 Page 24 Um, in -now you guys moved from Menage over to here, do you have a briefing -do you know how many units are out here supporting you? Initially, no. Um, initially it was myself, Deputy (Michael Reese) and Inspector (Delaverdi). Inspector (Delaverdi) told us ... And you know them why, because they're on the same task force or because you worked with them in the past or ... Yes, sir, they're -we'll all on the same task force. Okay. So, um, our office right now is split because several of the investigators and inspectors had to go to Northern California to look for a murder suspect, so our office, uh, today was just myself, Inspector (Delaverdi) and some other task force officers, um, were there at Anaheim. But s-after Anaheim they had moved on to other cases. Okay. So when we came back to Santa Ana it was just myself, (Delaverdi) and (Reese). When we got out here, (Delaverdi) made the proper notification to the sheriff's department to let 'em know that we were here, Code 5' ing our surveillance in their city and asked for resources. I believe he got, uh, the South Operations Gang Team and their personnel. And then some point when I was here, Buena Park showed up and their undercover units. And what was your plan as you -as you understood it, what was the plan as you understood it? The plan was not to let this, uh, fugitive escape, uh, in the vehicle. We were okay with the fact that if he was on foot we could still could, you know, contain him, but on the vehicle we didn't want to have any, uh, possibility of using that vehicle to strike, uh -strike us or a long pursuit or evade. In fact, I was -I was told, uh, to -if he came out towards the north end to block that entrance, to not let him use my vehicle as a -as a barrier to not let him leave the parking lot. Okay. And is that what (Delaverdi) did then on the south entrance? Yes, sir. Okay. What car is he driving? • 1075 1076 A: 1077 1078 Q3: 1079 1080 1081 A: 1082 1083 Q3: 1084 1085 1086 1087 A: 1088 1089 Q3: 1090 1091 1092 A: 1093 1094 Q3: 95 96 A: 1097 1098 Q3: 1099 1100 A: 1101 1102 Q3: 1103 1104 A: 1105 1106 Q3: 1107 1108 1109 1110 A: 1111 1112 . Q3: 1113 1114 1115 1116 A: 17 18 Q3: 11fb?·inted Ly CLB •rcusfl. , 1,2/2019 8:30 46 AM INTERVIEW WITH JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-l0-13/7:53 pm Case# OlS1 3-0I0 Page 25 He drives a copper colored Ford F-150 extended cab, 4x4 pickup truck. Okay. When you described the phone and the -the recorder here, how far do you think you are from the back of his car? I would estimate, uh, approximately five feet. Okay. And when you give the commands and you get out of your car, where, relative to your car are you giving those commands, are you standing (via) the door, are you behind the (unintelligible) pillar, where are you at? I'm behind the (via) the door of the driver's side of my vehicle. Okay. And what window are you looking at him through? His driver's door, his back passenger door, the back window? I'm looking at him through his driver's side window. Okay. Is that tinted? I don't recall, sir. Now, you say he saw you, how do you know he saw you? I could see his head turn to my direction where I could make out his face. And do you have lights in the grill of -of your car and all of that then? Yes, sir. Uh, sorry. And then so when you pull up behind him, (Delaverdi)'s blocking the south entrance, is there anybody else that's converging that you see at that point? I don't see at that point, sir. And so then he puts it in reverse and starts backing up. Uh, just based on your experience, ballpark of how fast do you think he gets from where -from zero to where he crashes, top speed? Um ... And I know speed's not your expertise, but, uh ... 1120 A: 1121 1122 Q3: 1123 1124 A: 1125 1126 Q3: 1127 1128 1129 A: 1130 1131 Q3: 1132 1133 A: 1134 1135 Q3: 1136 1137 1138 1139 A : 140 141 1142 Q3: 1143 1144 1145 A: 1146 1147 Q3: 1148 1149 A: 1150 1151 Q3: 1152 1153 A: 1154 1155 1156 Q3: 1157 1158 1159 A: 1160 1161 Q3: 162 63 1~nted by CLB\ercusto 1112/2019 8.30:47 AM Maybe 45 miles an hour, 50 miles an hour. Uh ... INTERVIEW WITH JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-10-13n:53 pm Case# OIS 13-010 Page 26 This whole incident took very little time. It was over before I knew it. And did you guys have any intelligence about who could be supporting him or who could be with him or anything like that? No, sir. So you had no information about girlfriends or ... No, sir. Okay. Um, and at the time where he hits that, uh -as you say, he hits the tractor-trailer and comes to a rest, how close are the other cars that you said he was going towards? Um, I'm not sure, sir, 'cause I was -I was trying to keep my sight picture on him in case he decided to come forward. And then -sorry, last question. Is he backing straight up, is he going -ho- describe how he's backing up for me. Uh ... I mean, it's obviously fast... It's fast ... .. .45 miles per hour, but... ... and it's -it's not, uh -it didn't appear to be, um, practiced or, uh, done professional} y. I mean, is it fairly straight line or is it the front end whipping around, what is it doing? Um, it -yes, it's -it's not in a straight line. Okay. I'm sorry, I told you last question. One more. Describe for me how you were spacing your shots out, how were you firing, was it four all at once, is it four while you' re -you' re taking steps, how ... 1165 A: 1166 1167 1168 1169 Q3: 1170 1171 A: 1172 1173 Q3: 1174 1175 A: 1176 1177 1178 Q3: 1179 1180 A: 1181 1182 Q3: 1183 1184 Ql: 85 86 Q: 1187 1188 Ql: 1189 1190 1191 1192 1193 A: 1194 1195 1196 Q: 1197 1198 QI: 1199 1200 Q: 1201 1202 Ql: 1203 1204 Q3: 1205 1206 Ql: 07 08 Q3: 1~ nted by CLB1ercusto 1112/2019 8 30:48 AM INTERVIEW WITH JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-I0-13n:53 pm Case # 01S 13-010 Page 27 I'm firing as I'm walking and I'm trying to keep a low center of gravity and tried to keep a side picture, uh, a-at the person behind the wheel, at the suspect. Rapid fire or do you think it -it takes -how long do you think it takes you to ... It... ... shoot four shots? I don't know how long it took me, sir, but I know I was trying to count my shots as I... Okay. ... as I'm walking, as I'm firing. Okay. That's good. All right. Anything else? No. Joe, um, is there anything that we haven't asked you that you think is important to your frame of mind or, um, the knowledge of the suspect or anything else regarding this that you think why aren't we asking you this question or do you think that we've covered things pretty -pretty firmly here? I think you have a good grasp of what happened and you've asked me the questions respectfully. Okay. Okay. Anything else then? I think that's it. All right. Can I ask ... All right... ... one more ... 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 30 31 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 Q: Ql: Q: Ql: Q3: Q: Q3: A: Q3: A: Q3: A: Q3: Q: Ql: Q: We'll go off tape at about... Sure, go ahead. ... uh ... Hold on. Hold on ... Sorry, one more ... Oh, another one? INTERVIEW WfTH JOE PIROOZ Interviewer: Inv. Alex Quilantan 05-I0-l3n:53 pm Case# O1S13-010 Page 28 Yeah. My bad. Does he have another option, which way is be -why doesn't he go forward by the way you have (Delaverdi) blocking the parking lot and, uh, the way he's facing and all that, does he have another option to go? Uh, yes, sir. He could've, uh -he could've whipped around into the other, uh, south -or, I'm sorry, it'd be the north parking lot or the north parking structure ... Okay. ... if he would have just made a better turn I think he could have made that parking structure, uh, and then facing Lake Drive and then trying to attempt to flee ... But he comes directly back towards ... Comes directly back. ... where you were standing, okay. Sorry. I'm done. That's good. All right. Okay. The end of interview will be at 2042 hours. Going off tape. This transcript has been reviewed with the audio recording submitted and it is an accurate transcription. Signed. _____________________________ _ Printed by CL B\ercu~to 111212019 8:30 48 AM Printed by CLB\ercusto 1112/2019 8 3049 AM C .B' 1 COPIESTO Homicide RITY. 0 Yes l8J No SHERIFF'S DEPARTMENT ORANGE COUNTY SANT A ANA, CALIFORNIA CONFIDENTIAL 12 CASENO lJ-087192 3. 0 INITIAL NON-CRfMINAL -4. 0 INITIAL-CRIMINAL 5 ~ FOLLOW-UP CRIMINAL SANDRA HUTCHENS, SHERIFF-CORONER 6. □ CONTINUATION REPORT NO FOLLOW-UP REPORT 7. OFFENSE Officer Involved Shooting 9. VICTIMIINFORMANT Detective Joe Pirooz 12 DETAILS OF OFFENSE: ION OF OCCURRENCE Lake Center Dr., Lake Forest, CA 92630 10. DAT AND TIME: OF OCCURRENCC 11 GRID Friday, 05-10-13 at approx. 1628 hours 891 ES 1 Witness Interview-Deputy US Marshal David Diliberti 2 3 Witness information: 4 Deputy US Marshal David Diliberti/Badge #5045 5 411 W.4th St.,SantaAna,CA92701 6 Current Assignment: Inspector-Pacific Southwest Region Fugitive Task Force 7 8 Details: On Friday, 05-10-13, at approximately 1700 hours, I was advised by Investigator 0. Voghl of an 10 Officer Involved Shooting (OIS) that occurred at the Irvine Suites -Lake Center Dr.) in the city 11 of Lake Forest. I responded to the scene to assist in the investigation and arrived at approximately 12 1800 hours. 13 14 Investigator Thompson and I were tasked with interviewing witnesses to this incident. At 15 approximately 2000 hours, Investigator M. Thompson and l interviewed Deputy US Marshal David 16 Diliberti #5045 inside a hotel room at the scene. Diliberti spoke with us freely and voluntarily. The 17 interview was digitally recorded. The following is a synopsis of our conversation, for details see 18 recording. 19 20 Diliberti has twenty (20) years law enforcement experience, all with the US Marshals Department. 21 22 On either Tuesday or Wednesday prior to today (05-10-13), he received a call from Detective Sergio 23 Lepe from Buena Park PD requesting assistance on locating a wanted fugitive. Today, he received 24 infonnation Lhat the "suspect" they were looking for was possibly at the Hotel Menage in the city of Anaheim. Diliberti went to the location with his team and set up surveillance. During the rinted by 1Nlt£STLG"kl!NG Ql:frlejil't5-1 REPORT BY DATE OF REPORT APPROVED A. Quilantan Inv. J. Montano #5 137 5/13/13 .,. f, ,-.Y-,fJ2. PAGE 1 OF 3 1. COPIES TO Homicide I 2. CASE NO 13-087192 • SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA SANDRA HUTCHENS, SHERIFF-CORONER REPORT CONTINUATIO surveillance, they thought they saw the suspect get into a black suburban type vehicle and leave the 2 scene but they were unable to confirm this. 3 4 A couple of hours later, Diliberti received additional information that the "suspect" may be at the 5 Irvine Suites in the city of Lake Forest. Diliberti called OCSD Gang Enforcement Team (GET) 6 Sergeant Mike Jensen/his team, and Buena Park Detective Sergio Lepe for assistance. 7 8 At approximately I 500 hours, Diliberti arrived at the Irvine Suites and gave a briefing that included 9 the suspect's (later identified as Lawrence Albert Mares 08-06-73) criminal history which included 10 numerous firearms violations and evading/resisting arrests. Detective Lepe advised Mares was an 11 "F-Troop" gang member that is likely to fight and/or shoot. An informant also advised Mares is still 12 armed and will try and get away. 13 14 After the briefing, an officer saw Mares get into a vehicle. A Buena Park Officer recalled the vehicle I 5 he was getting into was the same vehicle they saw earlier when conducting surveillance at the Hotel • Menage in Anaheim. Mares started to drive towards the south exit of the hotel. 17 18 At that point, Diliberti made the determination to stop the vehicle. As the vehicle was approaching 19 the south exit of the hotel, Diliberti blocked the exit with his vehicle and activated his emergency 20 lights. Mares looked directly at Diliberti and told us Mares "absolutely" knew he was a peace officer. 21 For a second, Diliberti thought Mares was going to "give up" but he did not. Without looking 22 backwards, Mares immediately "floored" the vehicle in reverse at a high rate of speed towards other 23 officers that were coming in to block him from exiting from the north end of the hotel. 24 25 As Mares was driving northbound in reverse, Long Beach Officer Joe Pirooz was driving his vehicle 26 southbound towards Mares. When Mares vehicle passed Pirooz, Diliberti saw Pirooz exit his vehicle 27 and "fire rounds" from his weapon at the vehicle in an attempt to get it to stop. Diliberti believes 28 Pirooz fired three shots towards Mares and the vehicle. As Pirooz was firing, the vehicle was moving 29 in reverse at a high rate of speed. Diliberti heard Pirooz tell Mares to "stop" and identified himself as 30 a police officer. • 1. COPIES TO Homicide SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA SANDRA HUTCHENS, SHERIFF-CORONER I 2. CASE NO 13-087192 REPORT CONTINUATIO Diliberti exited his vehicle immediately with his weapon drawn and saw the vehicle crash "hard and 2 fast" into a back retaining waJI causing the driver's side door to be pinned against the wall. Officers 3 surrounded the vehicle and gave commands for Mares to keep his hands up. Due to the driver's side 4 vehicle door being pinned shut, Diliberti broke the window and pulled Mares out. Mares was 5 handcuffed and taken away from the vehicle. Diliberti also broke the back window of the vehicle 6 that was "heavily tinted" to make sure no one else was inside the vehicle. Diliberti was wearing his 7 department tactical vest during this incident. 8 9 Diliberti did not speak to Mares and did not hear him say anything. Diliberti asked the female 10 passenger what happened to her face (cuts and bruising) and she told him it was from the broken 11 glass due to the wreck. The female denied medical attention. 12 13 In Diliberti's mind, he believed Mares was going to "ram" everyone in the parking lot to break loose 14 and flee. Di liberti stated he believed if Mares was not stopped, innocent lives could have been hurt. 17 End of Report. 18 • Printed by C B'ercu,lo 111212019 8:30 52 AM • BUENA PARK POLICE DEPARTMENT Officer Report for Incident 13-1 6424 Nature: 245 Location: Offense Codes: CPVD Received By: Conn Responsible Officer: Lepe S When Reported: 23:27:54 05/10/13 Assigned To: Status: Offense Codes Address: -LAKE CTR;IRVINE SUITE ; 12-42583 llow Received: 0 Disposition: CLO 05/10/13 Lake Forest CA Agency: BPPD Occurred Between: 23:27:46 05/10/13 and 23:27:46 05/10/13 Dttail: Status Date: .. , .. , .. Date Assigned: 0 /**/** Due Date: **/**/** Primary Offense: C'PVD City PropertyNehicle Damage Additional Offense: CPVD City PropertyNchicle Damage Circumstances VOR Police Vehicle Damage Report Responding Officers: Lepe S VonGrics J NguyenN Responsible Officer: Lepe S Received By: Conn S Ho~· Received: 0 Officer Report When Reported: 23:27:54 05/ l 0/ l 3 Judicial Status: Misc Entry: Modus Operandi: Unit : 411 424 418 D~scription : Involvements Date Type Description Agency: BPPD Last Radio Log: .. : .. : .... , .. , •• Dis patch Clearance: RPT Report lo Follow/Crime/Arrest Records Disposition: CLO Date: 05/10/13 Occurred bemecn: 23:27:4605/10/13 and: 23:27:4605/10/13 Method : Printed by C LB\ercuslo 11/2/2019 8 3C:52 Ml 06/19/13 • • Officer Report for Incident 13-16424 Supplement DICTATED BY: s. Lepe, ID 775 CASE NO: CR No. 13-16424/12-42583 Buena Park Police Department Supplementary Rep0rt DATE: May 10, 2013 CASE: Attempt Homicide, 664/187 CPC VICTIM: DATE of INCIDENT: May 10, 2013 CASB NO: CR No. 13-16424/12-42583 ACTION: Active/Witness Interviewed/ Suspect Arrested/Invoked LOCATION: Irvine Suites,-.ilr,ake Center, Lake Forest, Ca. SUSPBCT: WITNESS: SYNOPSIS: U.S . Marshal's Fugitive Task Poree, Orange County Sheriff's Gang Task Force, and Buena Pa rk Police Detectives located and arrested Lawrence "Stranger" MARES in the city of Lake Forest. MARES, a suspect in an attempt murder out of Buena Park, wich a million dollar bail; arrest warrant for attempt murder, was with a female companion identified as During the take down, MARES attempted to flee by driving his vehicle in reverse at a high rated speed through the hotel parking lot. In hia efforts to elude undercover officers , he collided with a 2 foot cinder block wall, in the north portion of the parking lot, west of the main entrance. At some point during the encounter, a member of the u S. Marshal's Task Force f ired his assigned duty weapon at MARES, striking the engine compartment and hood of the vehicle MARES was driving. Neither MARES nor ■■■l suffered any gunshot wounds. NARRATIVE: On May 7, 2013, I contacted U.S . Marshals Special Agent DILEBERTI, of the Fugitive Task Force and requested their assistance in locating MARES, who was the primary suspect in the attempt murder of which occurred on December 2012 in the city of Buena Park. MARES had been pooitively identified by way of photo lineup and a one million dollar arrest warrant had been issued in his name. MARES' criminal hietory waG extensive and extremely violent. He is a documented gang member of the Santa Ana "F-troop" gang and went by the moniker "stranger". MARES ' violent criminal history listed several evading Printed by CLB\ercusto 11/2/2019 B:3C 53Ar\/ Page 2 of 4 06/19/13 • • Officer Report for Incident 13-16424 convicLions olong with weapons and narcotic violations. He was also listed as armed and dangerous if contacted by l aw enforcement officers. May 10, 2013 On May 10, 2013, I received information from U.S. Marshals Special Agent DIL~BERTI. of the Fugitive Task Force, informing me fugitive ~ARSS' whereabouts were possibly a~ake Center Dr., in the city or Lake Forest (Irvine Suites). At approximately 1400 hours, Detectives VON GRIES, NGUYEN, and I traveled to the city of Lake Forest to assist the U.S. Marshals Task Force in the surveillance operation. When we arrived, we all synced our radios to have clear communication within the surveillance teams. As we coordinated the containment, I l earned we were also being assisted in thi& operation by the Orange County Sheriff's Department Gang Task Force . DILEBBRTI and I forrrulated a plan and confirmed everyone in the surveillance was clear of MARES' violent criminal history and acti ve attempt murder arrest warrant. We also made it clear the weapon used in the attempt murder (9mm handgun) had not been recovered and still remained outstanding. The plan was to prevent MA.RBS from going mobile and avoid a vehicle pursuit, given his evading history. Officers were to block both exits to the parking lot and contain him inside his vehicle. With vehicles in position at approximately 1625 hours, radio traffic by a surveillance officer described a male and female walki ng and entering a black SW parked in the parking lot of the hotel. As the bl ack SUV drove in the direction of the south exit, the officer relayed over the radio the subject was a possible match to MARES . When the SW reached the exit and saw its path blocked by undercover vehicles, MARES suddenly shifted to reverse and began to travel in reverse. At that point the order was given to block in the SUV to avoid the SUV to exit the parking lot and lead us in to a possible pursuit. As units moved in, MARES continued to travel in rever&e at a high rate of speed through the front parking lot. The SUV subsequently collided with a cinder block wall located on the north portion of the hotel . As the SUV came to a stop, Detective VON GRIES utilized his undercover unit to perform an intervention technique on the front passenger side door and prevented the SUV from continuing to move. At some point during the contact with MARES; shots were fired at MARES by a task force agent. The round& hit the engine compartment and hood of the SUV MARES was driving. I positioned my undercover vehicle behind Det. VON GRIES and assisted in taking both subjects into custody without further incident. The driver of the SUV verbally i dentified himself as Lawrence MARES and his female passenger verbally identified herself as - Both were not hit by the shots fired. Because of where I positioned my vehicle during the surveillance, three ~oinmcrciol buginesses to the north of the target location, I did not witnees the Officer Involved Shooting. Once MARES and were taken i nto custody, the scene was locked down and secured. All notifications were made and we began to coordinate the documentation of the incident. At approximately 1853 hours, Orange County Homicide detectives arrived and took over the investigation. For further details regarding the officer involved shooting investigation, please refer to lead Detective Alex QUILANTAN's report, case No . 13-087192. At approximately 2120 hours, I traveled to the Orange County Homicide Printed by C LB\e cu,lo 11/2/2019 8 3C 54 Ml Page 3 of 4 06/19/13 • • - Officer Report for Incident 13-1 6424 Headquarters in Santa Ana to speak with MARES regarding our Buena Park attempt murder case. MARES had been talked to by Homicide detectives under Miranda. After their interview I walked into the interview room, introduced myself, and reminded him of his Miranda Rights. I told him I was there to speak to him in regards to the attempt murder which occurred on December 6, 2012, where he was named the suspect. MARES told me he was aware of the incident; however, because of the high conviction rate in Orange County, it is his best interest to request a lawyer. At that point, I did not ask any further questions. May 15, 2013 On May 15, 2013, at approximately 0810 hours, I met with Or ange County Homicide Detective Eric HATCH at the Orange County Crime Lab to answer any questions the lab may have while the search of MARES' vehicle is conducted. The contents of the vehicle were documented and photographed by lab tech Grant FRY. For further details regarding the vehicle contents, please refer to OC Crime Lab report under CR 13-087192. At the conclusion of the vehicle search, no weapon was located. This report is being forwarded to the Orange County Sheriff's Homicide Unit. Transcribed by: T. Kuhn, 05-14-13, 1007 hours DICTATED BY: S. Lepe, ID 775 APPROVED BY: SGT. B. GEYER, Thu May 23 12:53:31 PDT 2013 Printed by CLB\ercusto 1112/2019 8.30 54 AM Page 4 of 4 06/19113 Printed by CU3 rcu~to 1112/2019 8 30 55 AM 1. COPIES TO. Homicide 12. CASE NO. } 3-087192 ©@[pw SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA RITY O Yes 181 No CONFIDENTIAL 3 0 INITIAL NON-CRIMINAL 4. 0 INITIAL-CRIMINAL SANDRA HUTCHENS, SHERIFF-CORONER 7 OFFENSE Officer Involved Shooting 9. VICTIM/INFORMANT Detective Joe Pirooz 12 DETAILS OF OFFENSE 5 ~ FOLLOW-UP CRIMINAL 6 0 CONTINUATION REPORT NO FOLLOW-UP REPORT ~ OF OCCURRENCE ake Center Dr., Lake Forest, CA 92630 10. OA TE ANO TIME OF OCCURRENCE 111 GRID Friday, 05-10-13 at approx. 1628 hours 891E5 1 Witness Interview-Deputy US Marshal Mike Ries 2 3 Witness information: 4 Deputy US Marshal Mike Ries/Badge #2090 5 411 W. 4th St., Santa Ana, CA 9270 l 6 Current Assignment: Joint Fugitive Task Force 7 8 Details: On Friday, 05-10-13, at approximately 1700 hours, l was advised by Investigator D. Voght of an Officer Involved Shooting (OIS) that occurred at the Irvine Suites IIIIILake Center Dr.) in the city 11 of Lake Forest. I responded to the scene to assist in the investigation and arrived at approximately 12 1800 hours. 13 14 Investigator Thompson and I were tasked with interviewing witnesses to this incident. At 15 approximately 2035 hours, Investigator M. Thompson and I interviewed Deputy US Marshal Mike 16 Ries #2090 inside a hotel room at the scene. Ries spoke with us freely and voluntarily. The 17 interview was digitally recorded. The following is a synopsis of our conversation, for details see 18 recording. 19 20 Ries has twenty-five (25) years law enforcement experience, all with the US Marshals Department. 21 22 Today (05-10-13), Deputy US Marshal Diliberti came over to Rjes and asked for help in 23 locating/arresting a double attempt homicide suspect that possibly was at the Irvine Suites in the city 24 of Lake Forest. ING-OFFICERS REPORT BY DATE OF REPORT C • ,, ~ffi 8 1C 56 AIV Inv. J. Montano #5 137 5/13/13 PAGE 1 OF 2 2 3 4 5 6 7 8 9 10 11 12 13 14 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 COPIES TO Homicide SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA SANDRA HUTCHENS, SHERIFF-CORONER I 2 CASE NO 13-087192 REPORT CONTINUATIO At approximately 14 IO hours, Ries arrived at the Irvine Suites driving his sil ver Chevy Trailblazer and set up for surveillance in the east rear parking lot. Ries stated there were 3 to 4 briefings given over the radio that included the suspect's (Lawrence Mares 08-06-73) criminal history. During the briefing, personnel were advised that the suspect is known to be armed and dangerous. Ries heard over the radio that personnel saw Mares and female get into a black SUV. Information was given over the radio to go ahead and "move-in" on the vehicle. Ries noticed the suspect vehicle a long with other police vehicles "moving in." The vehicle appeared to be "jockeying·· to get away and sped at a "very high" rate of speed in reverse from the south exit to the north exit of the hotel crashing into a retaining wall of a stairwell. Before the vehicle crashed, Ries saw Detective Joe Pirooz standing in front of the hotel (path where the black vehicle sped in reverse) with his arms raised, firearm out, and walking towards the black SUV. Ries then heard what sounded like three to four "shots" towards the suspect vehicle. Ries stated Pirooz had his blue tactical vest on that displayed he was a peace officer. After the vehicle crashed, Ries exited his vehicle and went to the driver's side of the black SUV. Deputy Diliberti and Ries approached the driver's side window and pulled Mares out of the window due to the door being pinned against the concrete landing. Mares was placed on the ground and handcuffed. Ries conducted a pat-down search of Mares and located a small baggie of white powder in his right front pants pocket. Mares told Ries it was "crystal meth." Ries asked Mares if he was shot and Mares told him he did not think so. Mares had blood on him but Ries stated it appeared to be cuts from shards of glass. Ries also suffered a cut to his wrist, possibly from pulling Mares o ut of the vehicle. Mares did not make any statements to Ries except stating it was "meth" that was in his pocket. Ries did not speak to the female passenger of the vehicle. Ries stated Mares did not attempt to slow down and appeared to be going as fast as he could in an attempt to flee. End of Report. Pr"~~~~===-----,===-------.-==-=~==----....... ====-----NG OFFICERS REPORT BY DATE OF REPORT APPROVED c LB\ercu~to . ~M Inv. J. Montano # 513 7 5/ 13/ 13 PAGE2 Printed by CLB\E'rcu~to 1112/2019 8.30 57 AM 1 COPIES TO: ITV: 0 Yes l8J No SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA l : ; CONFIDENTIAL 12. CASE NO. 13-0871 92 3. 0 INITIAL NON-CRIMINAL 4 0 INITIAL-CRIMINAL 5. 181 FOLLOW-UP CRIMINAL 6. D CONTINUATION REPORT NO SANDRA HUTCHENS, SHERIFF-CORONE · ,. FOLLOW-UP REPORT .... 7. OFFENSE & LOCATION OF OCCURRENCE Cpc 245(a) (l): Assault w/a Deadly Weapon ake Center Drive, Lake Forest 9. VICTIM/INFORMANT 10, DATE AND TIME 01' OCCURRENCF 11 GRID V: Detective J. Pirooz # 5712 -Long Beach Police Friday, May 10, 2013 / 162 8 hours 891 ES 12, DETAILS OF OFFENSE • On Friday at 1938 hours, I initiated an audio-taped interview with --in ref. to the further investigation of the above listed incident. The interview took place within room #207 located at the 'Irvine Suites' ---ake Center Drive, Lake Forest). Also present during the interview was Sheriffs Inv. K. Milewski and Buena Park Detective S. Lepe. -confirmed that she was present within the vehicle with suspect Mares when the incident occurred-advised that she had only been acquainted with Mares for the past two days and knew him as "Stranger'' which was the name Mares used upon their introduction. I asked-to explain her activities for the past several days and how she became acquainted with Mares . -said she had been in the company ofhcr friend-(no additional · information known) on both Wednesday and Thursday ~09) at -residence in Irvine. On Thursday, she accompanied -in -vehicle (gold colored Toyota Corolla) to a motel located in Santa Ana (unk. exact location on Main St, across from a 'El Pollo Loco'); to "hang out with friend--tated that Mares was already present within the motel room with I-was unable to provide additional information as to the identity of this subject). -said she and the others were present withjn the motel room for approx. 45 ~hen they were asked to leave by a manager due to the amount of people present. llllllllllllllthen left with -and -within his vehicle (possibly a Cadillac Escalade) and proceeded to the 'Hotel Menage' ~S. Harbor Blvd., Anah~g at approx. 1900 hours. Mares left the Santa Ana motel alone in an uni<. vehicle-tatcd that once at the 'Hotel Menage', she, -and -proceeded to a hotel room (unk. room number) and met with a male and female who were already present (unk identities). Mares arrived alone a short time thereafter. -then left the hotel with Mares within a vehicle he had in his possession (same vehicle involved in incident) and visited with acquaintances of Mares' at several ~throughout the remainder of the evening/night (unk. locations/iden.ti.ties). I asked -f she believed the vehicle Mares' was utilizing appeared to be his own or suspicious in any manner. -stated that she did observe "some wires hanging down" an<l when she asked Mares regarding this observation, he stated the vehicle "was his friends". REPORT BY AP C 9\ercu ,lo 11/2/2019 ~ 1C:58 A~ Inv. D. Salcedo #545 PAGE 1 OF 3 1 COPIES TO: I 2 CASE NO 13-087192 • SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA ORA HUTCHENS, SHERIFF-CORONER REPORT CONTINUATION -advised that after leaving the last location where Mares' visited with friends, they then proceeded to the 'Irvine Suites'; arriving at approx. 1200 hours (on 5-10). When ~as as~y selected that particular location, she stated "because it was cl~ouse". ~hen made contact with a male acquaintance •-to meet with her so that he-could rent a hotel room for her and Mares. -tated that she did not have any form of identification with her or money and needed - assistance.-belicved Mares gave to -($80) eighty dollars in cash for the ~ the room (room #323). Once withi~otel room with Mares and - lllllllllllllllhad several additional friends visit. After a short period of time, all subjects left the room except for nd Mares. -lated that Mares did not utilize the~ithin the hotel room; however was utilizing a cell phone while in the room.llllllllllllllllieved Mares had (2) two cell phones in his possession. -stated that at an unknown time, Mares asked her to accompany him "to go meet up with-in Anaheim.''-left the room with Mares and proceeded directly to his vehicle which was parked within the parking lot area of the hotel. I asked -if Mares was nervous or sus picious of any activity as they left. -said "no, but he pointed to a guy and said that's what an undercover dresses like". This subject (unk. identity) was observed by Mares within the parking lot area . Once inside the vehicle with Mares driving, he backed-up from Lhe parking staJl and was in the process of exiting the hotel parking lot. -said it was at this time that "we pull in front of a tan truck and the truck cut us off. 'Stranger' is like whoa, what the fuck, and kinda got mad at the driver. All of a sudden I see the blue and red lights and I go that's a cop and I'm expecting him (Mares) to stop and he doesn't. He pulls forward and then backs up and starts backing up and l 'm screaming pull over, please pull over, stop, stop, stop. All of a sudden I hear a loud bang and the windshield blows out, someone shot at us". I asked -f Mares was aware that police officer's were present in the area or should have known.-stated "I don't know ifhe did, he was looking behind. I think he thought maybe there might have been someone after him, not an officer". -believes the vehicle stopped "because we hit somethi~id not hear Mares say anything to her as to what was possibly taking place.lllllllllllllllaid she then heard .. put your hands up" and was subsequently detained by officers. -said she was not acquajnted with Mares prior to May 09, and was not aware of his criminal activity. dvised that she had no property within the vehicle; however did observe "a women's purse in the back". -stated that she had no additional information to offer and the interview was concluded at 20 l O hours. REPORT BY DATE OF REPORT APPROVED Inv. D. Salcedo #545 PAGE2 1. COPIES TO· • SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA. CALIFORNIA ORA HUTCHENS, SHERIFF-CORONER rovided her home address as - -stated th t utilizes her mail to m e contact with associates REPORT BY DA TE OF REPORT Inv. D. Salcedo #545 PAGE 3 I 2 CASE NO 13-087 192 REPORT CONTINUATION APPROVED and resides phone and Printed by CLB\ercu~to 1112/2019 8.31 01 AM 1 COPIESTO HOMICIDE ITY: 0 Yes 181 No SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA 12. CASE NO 13-087192 3 0 INITIAL NON-CRIMINAL 4 0 INITIAL-CRIMINAL 5 181 FOLLOW-UP CRIMINAL 6 □ CONTINUATION REPORT NO. SANORA HUTCHENS, SHERIFF-CORONER FOLLOW-UP REPORT 7. OFFENSE ON OF OCCURRENCE CPC 24S(a)(I) -Assault w/a Deadl Weapon Lake Center Drive, Lake Forest 92630 Q. VICTIM/INFORMANT Detective Joe Pirooz 12. DETAILS OF OFFENSE: SUSPECT INTERVIEW: Mares, Lawrence Albert (08-07-72) CDL: 10. OAT!! ANO TIMC OF OCCURR£NCE 11. GRID Friday 05-10-13/1628 hours 89 1E5 On May 10, 2013 at approximately 2010 hours, Investigator K. Hoffman and I interviewed Mares at Sheriff's Headquarters. The interview was digitally recorded and a copy was equently booked into Sheriff's Property. I read Mares his Miranda Rights from my partment issued Miranda card; he understood his rights and agreed to talk. The following is a summary of that interview. I introduced us as Sheriffs Investigator's and explained that our part of the case was to investigate the officer involved shooting that occurred at the Irvine Suites. I Lold him there were always two sides to a story and we wanted to hear his side, he asked, "What are they saying?" I explained that we did not talk to the parties at the hotel. H e stated, "First of all, all I did was get in the truck, backed up and reverses it and the truck comes out and swish, blocks me in." Mares added that he then saw the lights and "they started shooting". He said he did not know why they were shooting at him since he did not have a weapon. 1 asked if he knew why the officers were there to make contact with him, he answered, 'Tm on the run"; he added that he knew there was an attempted murder warrant out for his arrest. Mares said he did not know how the officers wo uld know he was there because he had just gotten there and there was no room in his name. Mares said when he and-pproached his SUV, the officers did not identify themselves at that point. He backed out of the stall but couldn't get out so he continued to back up so he would be able to pull forward to exit through the southernmost driveway. That exit was blocked by a truck driving fast into the lot so he continued backing up. To clarify, I showed him a diagram I w while out at the scene. When asked, he said the officers did not identify themselves and he ·r:tctivelY. wanted to get away from them, that's when "they" started shootin at_ him. Initially, /NVESTIGATI G OFFICERS REPORT BY DATE OF REPORT AP CL)fn{/:1A1.1t1ffi1Miarr1#~421 Jnv. M. Caballero #964 5/14/1 3 F0680 104-3 PAGE 1 OF 3 1 COPIES TO· HOMJCJDE SHERIFF'S DEPARTMENT ORANGE COUNTY SANT A ANA, CALIFORNIA I 2 CASE NO 13-087192 CJDRA HUTCHENS, SHERIFF-CORONER REPORT CONTINUATION he said he did not think they were law enforcement officers; he added that as he was backing up, he had his head turned behind him and could not see who was in front of him. The truck had pulled up next to him. As he continued backing up he said they shot at him. As a ruse and as a way to test his credibility, I told Mares there was video that captured the incident. I asked him at what point it was that he saw the lights on the truck, he said when the truck drove into the lot; he described the lights as "red and blue". I asked him what he was thinking when he saw the red and blue lights, he answered, "I'm going to jail". Mares said he did not understand why he was shot at because he was driving away from them. He stated the officer got out of his vehicle to shoot at him. At some point he lost sight of the subject because he put his head down and "possibly" hit something behind him; he was afraid to look up. I asked him what he heard when confronted by the officer, he said he heard, "the bullets firing". I asked him why he did not stop after hearing the police officer say, "Police, stop", he replied, "Because I was scared". He added that he did not trust police and that was another reason he did not stop. I again asked him why he would not stop especially since he had a girl in his vehicle, he said she told him to stop but he continued anyways. I asked if another car ran into him, he said no; he added that his head was down and didn't see thing. He thought two or three officers shot at him about five or six times. When asked, he ied driving backwards towards anybody; he again said his head was down. He said the officers stopped shooting because he backed into something. The officers told him to put his hands up which he did, they then pulled him out of the driver's side window. Mares said the officers did not know who he was because they asked what his name was, he told them, "Lawrence". He again asked why they did not stop him from getting into his vehicle; he said his vehicle was parked about 25 feet from the stairwell door. I tried to explain to Mares how a law enforcement officer would try to identify him. Mares had a tattoo of a revolver on the back of his head, I explained that was one way to identify him; he said he was wearing a hat and glasses. I told him that might be a way for somebody to hide their identity; he said the only reason he wore the hat was because he was embarrassed that he was losing his hair. I asked Mares what he had in his pockets, he aru;wered, "The dope". He admitted it was his methamphetamine and said it was for personal consumption; he added, it was only" A little bit". Mares denied it was for sales. He said the last time he "used" was two days ago. He denied buying the" dope" at the Irvine Suites, he said he already had it with him. Mares said he did not know why the officers shot at him since he did not have a weapon. I explained that a car could be considered a weapon; he denied driving at anybody. He again said he got scared and drove away, he said he could have driven forward but didn't. I asked if- w s mad at him, he responded, "Probably". I asked him if~new he was on the run, he he was not sure but "Probably" she did know . . t h ,INVESTIGAJll:jG OFFICERS REPORT BY CL InU:1~_11 ' ffi1i~uln2#~42 l Inv. M. Caballero #964 DATE OF REPORT 5/14/13 APPROVED PAGE 2 1. COPIES TO HOMICIDE SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA , NORA HUTCHENS, SHERIFF-CORONER I 2. CASE NO. 13-087 I 92 REPORT CONTINUATION Investigator Hoffman told Mares that it appeared to him that he tried to exit through the other driveway (northernmost). I asked him if he was backing out toward that other exit, he said he was just trying to get away from the officer. Mares again said he did not see anybody behind him because he was ducked down. He also denied ever putting his car in the forward gear, Mares added, "I'm not stupid". I responded, "Lawrence, you saw an officer with the red and blue lights, an officer telling you to stop while screaming, you see the gun. And I don't think you're shlpid either, you're 39 years old and you're still out there out on the run. You know what I'm talking about." I added that we were only there to get to the truth of what happened. I continued, "But, you said, Tm not stupid' but I'm going to tell you right now Lawrence, that wasn't smart. When a police officer tells you to stop, he's holding a gun, you see the red and blue lights, to me that is not smart". He answered, "It's not smart, it is stupid". Mares admitted the reason he bac~ was because he did not want to go to jail. When asked, he said he felt bad for putting-n that situation. Mares said that "today" was the first time he drove the SUV. He said that a friend loaned it to him but he was not going to give us his name. Mares said that he noticed the dash board and steering column were loose. He added that he did not know what was up with the car, he thought possibly it was stolen but again he was given the key to the ignition. Investigator Hoffman asked that il they ran the VIN (Vehicle Identification Number) and it came up stolen but he refused to tell ho loaned him the car, what would happen. He answered, "I'd be screwed "; he did not think friend would loan h im a stolen car because he knew Mares was on the run. Investigator Hoffman explained that in these types of cases (involved in a shooting) we would have a person come in to take a sample of his blood. He added that although Mares took meth two days again, we wanted to confirm it. Mares said he took a "high quantity" of meth and it might still be in his system. Investigator Hoffman said he would not force him to submit to a blood draw, he asked if he would cooperate; Mares said he would. The interview concluded at approximately 2055 hours. At approximately 2140 hours, CPf T. Nguyen came to Headquarters and drew blood from Mares. Mares was given a receipt of that draw. Mares was ultimately driven to the crime lab at 320 N. Flower Street for major case photographs and fingerprints. Afterwards, he was transported to the Orange County Jail and was booked for multiple warrants. REPORT BY DATE OF REPORT APPROVED Inv. M. Caballero #964 5/14/13 PAGE 3 • ~ Printed b CLB\ercusto 11/2/20 Y 19 8.31·0'> · ,,AM ( ( ( { ( [t,t 08' ~Jl "Tlv~ I I . . ST ... ', r71 l ✓ C> 1---'->~ i ~::_-~-_-::r.-~ ~. \\' \. ~ __.,~ : \. 4 "' ( { l I • Clf"IV~ :iMCW~e :.==-:=.u~1 REQUEST • ■-•■li••MB+fi•NIM,._ :REBY IUSTMIE.FNTIWIITlnt) \ I ~ . , -\ ",. OBTAIN A BlOOD SAMPLE FROM: (I.AITIWlf. F1IIST HIME IGU) ,_ t C... t ~7;~,o 1~7 -L, \ r~( n I FICERSIGNATUAE, \ IONO. DATE r lME \ I I -I \'1 -• l, I -. ' u .. ,.,.,,., .• ,, .•• ;.. JrES: LOCATION I WITNESSING OFFICER Printed by C 3.ercusto 1fl2Q0f9 8 31 04 AM • Printed by CLB\ercusto 11/2/20198:3105AM 1 COPIES TO. ITY· C8l Yes D No SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA CONFIDENTIAL 12 CASE NO 13-0871 92 3. 0 INITIAL NON-CRIMINAL 4 0 INITIAL-CRIMINAL 5. 181 FOLLOW-UP CRIMINAL 6. □ CONTINUATION REPORT NO. SANDRA HUTCHENS, SHERIFF-CORONER FOLLOW-UP REPORT 7 OFFENSE ON OF OCCURRENCE Officer Involved Shooting Lake Center Dr., Lake Forest, CA 92630 9 VlCTIM/INFORMANT Detective Joe Pirooz 10 DATE ANO T1M6 01' OCCURRFNCE 11. GRID Friday, 05-10-1 3 at approx. 1628 hours 891E5 12. DETAILS OF OFFENSE: 1 Interview with CET Dep. Harrison Daniel Manhart #4982 2 Driving black, Dodge Durango SUV 3 Narrative: 4 5 6 7 8 12 13 14 15 16 17 18 19 20 21 22 23 On Friday, May 10, 2013, at approximately 1700 hours, I was notified of an Officer Involved Shooting at-Lake Center Drive in Lake Forest. I attended a briefing and assigned to conduct interviews of witnessing officers with Inv. Montano. At approximately 2135, we conducted a digitally recorded interview of OC D Dep. Manhart. The following is a summary of the interview, for details refer to the recording. Dep. Manhart has been employed with OCSD for the past 15 years, he is currentl y assigned to the South Gang Enforcement Team and has been working that assignment for approximately two and one-half years. Dep. Manhart works in plain clothes. Tonight he was wearing a green Sheriffs tactical vest, identifying himself as a peace officer when the incident occurred. He stated today (5/10/13) he was notified by Sgt. Jensen and requested to assist in this case and responded to the scene. They briefed on the suspect and his criminal history/background. Based on his training and experience in the gang detail, and knowing the suspect's gang history he believed the suspect may be prone to violence. They were directed to the scene and game planned on the radio, arriving on scene at approximtttdy 1400 hours. They established surveillance at the scene and positioned vehicles at various locations. We briefly took a break in order to talk of issues related to how the suspect was located at the scene and went back on tape at 2138 hours. They briefed on the radio over suspect history (warrant was an attempted homicide and the suspect was possibly armed and dangerous), circumstances, and a game plan. Dep. Manhart entered the south entrance of the hotel parking lot, and parked in the covered parking REPORT BY DATE OF REPORT Inv. M. Thompson #2225 5/17/13 PAGE 1 OF 3 1 COPIES TO: SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA SANDRA HUTCHENS, SHERIFF-CORONER I 2 CASE NO. 13-087192 REPORT CONTINUATION area, three or four spaces from the entrance to the parking structure, along the south side, 2 facing south. They established a good perimeter and how they would make contact if the 3 suspect exited. 4 They discussed that they would block the suspect in the parking lot and prevent him 5 from leaving. They heard a suspect was walking to a vehicle, Dep. Manhart could not make 6 an identification, but saw a subject enter a vehicle. The vehicle backed up, facing eastbound, 7 but then reversed towards the driveway. There was radio traffic to "take it down." Dep. 8 Manhart had to back out. As he backed out, he could see cars converging to block the vehicle 9 in. As Dep. Manhart turned westbound, he could hear yelling and people giving commands IO (he could not make out what they were saying). All of a sudden tires started screeching and 11 the car started backing up. He thought it was going to hit one of the cars. It continued 12 northbound at a high rate of speed. Dep. Manhart paralled, following the car, making sure it 13 could not exit from the north entrance. 14 The car continued backing, hitting a planter and disabling the car. Dep. Manhart • stopped, exited his car, and took out his rifle pointing it at the suspect. Another silver car 16 came into the parking lot and pinned the vehicle. Dep. Manhart could hear directives being 17 given to the suspects to show their hands. A male and female inside the vehicle raised their 18 hands. 19 Probation Officer Berry was in the passenger seat of his vehicle and was also wearing 20 a raid jacket. He did not activate lights or siren at any time. He was not sure if any other 21 vehicles had emergency lights on. He was the lead vehicle, and could not see what other 22 vehicle were doing. Dep. Manhart knows someone was out of the car giving commands, he is 23 not sure who, or what they were wearing because he was focused on the suspect. 24 Dep. Manhart stated if someone would have been in the parking lot and hit by the 25 suspect they would have been seriously injured or killed. He described the speed as 26 extremely fast, right past the entrance to the hotel, where people commonly walk in and out. 27 Dep. Manhart believes the suspect was trying escape and evade arrest. He identified another 28 person in the vehicle, but he did not know their relationship to the suspect. 29 Dep. Manhart recalled hearing three shots fired, but he did not know who fired them. He described the silver vehicle pinning in the suspect vehicle. (Dep. Manhart had not moved CLB'.,rai o Pri.,......."""'-L...U..,C...--,.....,..,....~~--_,....,,.--,-,---,----------r-----------.-~~,.,,.......-----1~,% 1,. }NG OFFICERS REPORT BY DATE OF REPORT r'nv. uilanfan Inv. M. Thom son #2225 5/17/13 PAGE2 2 3 4 5 6 7 8 • - 1 COPIES TO. SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA SANDRA HUTCHENS, SHERIFF-CORONER I 2 CASE NO. 13-087192 REPORT CONTINUATION his vehicle since he stopped.) The male and female in the vehicle were given commands and eventually removed from the vehicle. He never heard either the male or female say anything. As the suspect was backing up, Dep. Manhart could see the suspect. He described the driver as having a "head on a swivel" looking around. Dep. Manhart believed the suspect was looking for an escape route, but not focused on what was behind him. Dep. Manhart was not focused on the passenger, and was not aware at the time the passenger was a female. He did not conduct a search on either the male or female. He is aware of a search conducted on the hotel room and located some needles and other paraphernalia. Priµ.i:..:. ....... ..LUl~--------------,--...,---------~---............ --------.------=--------cLa\ercust-i n' '~9 2-iFICERS REPORT BY DATE OF REPORT ~PROVED anran Inv. M. Thom son #2225 5/17/13 ";;) !•<-;l . ~ r fi , .. .._~·'-l::, PAGE3 • • • Printed by CLB\ercusto 11/2/2019 8:31:08 AM 1 COPIES TO. Homicide 12 CASE NO 13-087) 92 SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA CONFIDENTIAL 3 0 INITIAL NON-CRIMINAL 4 0 INITIAL-CRIMINAL 5 181 FOLLOW-UP CRIMINAL 6 0 CONTINUATION REPORT NO SANDRA HUTCHENS, SHERIFF-CORONER LAST NAME FIRST -SPELL OUT WHEN DICTATING FOLLOW-UP REPORT 7. OFFENSE 8. LOCATION OF OCCURRENCE C.P.C. 245(a)(I) Assault with a Deadly Weapon ke Center Dr., Lake Forest Ca., 92630 9 VICTIM/IN RMANT 10 DATF AND TIME OF OCCURRENCE 11. GRID Detective Joe Pirooz Friday, May 10th, 2013, about 1628 hrs. 891-ES 12. DETAILS OF OFFENSE I Investigation Information: 2 On Friday, May I 0th, 2013, at approximately 1700 hours, I received a text message from Investigator 3 Myrna Caballero about an "Officer Involved Shooting" that occurred at the Irvine Suites in the city of 4 Lake Forest. I arrived in the area at approximately 1732 hours. s 6 At approximately 1853 hours, Sergeant Mike Jensen, from the South Gang Enforcement Team (G.E.T.) 7 provided personnel with a briefing of the incident. After briefing, Sergeant A. Spencer assigned me to 8 assist with the crime scene. 9 10 Scene Investigation: 11 This incident occurred in the parking lot area of the Irvine Suites hotel. The hotel is located along the 1." east side of Lake Center Drive, in between Boeing A venue and Mercury Road. The hotel has four . floors with a hundred guest rooms. The hotel has various parking spaces located along the north, south, 14 and west side of the property. 15 16 17 18 19 20 21 22 23 24 2.S 26 27 28 29 30 31 32 33 The following forensic science personnel processed the scene for evidence: Senior Forensic Science Specialist Lenora Pena Sanchez Forensic Specialist Hilary Pcplowski The suspect's (Lawrence Albert Mares 08-07-72) vehicle was identified as a 1999 GMC Denali, black SUV, Ca. license number 4WAU665 (no license plati;;s were attached to the vehicle). The vehicle was located along the north side of the property next to a "Systems Services of America" tractor trailer. The left front wheel had extensive damage and appeared to have collided into a retaining wall that was next to the vehicles point of rest. Other noted damage included the driver's window, the left rear passenger window, and a shattered rear window. Numerous undercover police vehicles were used for surveillance, and to assist with taking the suspect into custody. The following vehicles were located on the hotel's property when the incident occurred: l. Silver Chevy Impala, Ca. license number 5VJA182, assigned to Buena Park Detective Jerry Vongries 2. Tan Escalade, Ca. license number 6VXSS60, assigned to Buena Park Detective Sergio Lepe 1 ,, 3. White Ford F-150, Ca. license number 7N40382, assigned to Buena Park Detective Nghia Nguyen 36 4, 8la~)<.,Dodge Durango, Ca. license number 6SYS985, assigned to O.C.S.D. Deputy Dan Manhart INVESTIG KG-OFFIQERS REPORTBY DATEOFREPORT PPR9VEl}\ _ V-. D c RJt!~lnlati~9 B:31 OBArl/ Inv. E. Hatch #987 5/15/13 nrl. ti fr >-. · ,c;. PAGE 1 OF 3 • l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 • 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 1 COPIES TO Homicide SANDRA HUTCHENS, SHERIFF-CORONER SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA 12.CASENO 13-087192 REPORT CONTINUATION 5. Silver Chevy Trailblazer, Ca. license number 6DEG 118, assigned to U.S. Deputy Marshall Mike Reis 6. Silver Ford F-150 4X4, paper plates, assigned to U.S. Deputy Marshall Dave Diliverdi 7. Silver Ford Explorer, Ca. license number 6UGD662, assigned to O.C.S.D. Sergeant Mike Jensen 8. Black Dodge Durango, Ca. license number 6CGT356, assigned to Long Beach Detective Joe Pirooz 9. Black Dodge Charger, no license plates, assigned to O.C.S.D. Deputy Dave Pultz 10. White Dodge Ram van, Ca. license number 6M90331, assigned to O.C.S.D. Deputy Don Monteleone 11. Black Ford Taurus, Ca. license number 6XCB089, assigned to O.C.S.D. Deputy Emad Mitry Forensic Personnel marked and collected the following items of evidence: EM#l EM#2 EM#3 EM#4 EM#5 EM#6 EM#7 EM#8 EM#9 Bullet fragments A pair of sunglasses One plastic baggie containing a white powdery substance Bullet fragments Bullet fragments Cartridge casing (Winchester .45 Auto) Cartridge casing (Winchester .45 Auto) Cartridge casing (Winchester .45 Auto) Cartridge casing (Winchester .45 Auto) The above I isted items of evidence were located along the hotel's north west parking area and the entry way to the lobby (refer to sketch and diagram for further details). At approximately 2056 hours, I collected some property that was found in Mares' possession (at the time of his arrest). See attached property receipts for a list of collected evidence. At approximately 2115 hours, Deputies R. Eleock # 1802 and M. Leflore # 114 secured the suspect' s vehicle with evidence seals. At approximately 2 140 hours, a flatbed tow truck from Sea County Towing arrived and towed the GMC Denali to the Brad Gates Forensic Science Building (320 N. Flower St., Santa Ana). Lieutenant M. Gavin followed the vehicle to the vehicle examination area. Refer to attached CHP-180 vehicle report for details. At approximately 2205 hours, Senior Forensic Specialist Lenora Pena-Sanchez and I collected more evidence from hotel room #323. Refer to attached property receipts and Orange County Crime Lab report for further details. REPORT BY DATE OF REPORT Inv. E. Hatch #987 5/15/13 PAGE2 1 COPIES TO. Homicide SANDRA HUTCHENS, SHERIFF-CORONER SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA I 2 CASE NO. 13-087192 REPORT CONTINUATION I At approximately 2217 hours, l collected the original crime scene log from Deputy Eleock and cleared 2 the scene. 3 4 For additional details see forensic science reports (FR# 13-46653 ) . • 0 FOUND PROPERTY 0 SEARCH WARRA~T INVENTORY 0 W&l 5150 l SAFEKEEPING ORANGE COUNTY SHERIFF'S DEPARTMENT 550 North Flower Santa Ana, CA 92702 QEVIDENCE PROPER TY RECEIPT DR Page _\ __ of '- Take/ Received from -----· _r.. i1_-__ .... _rl __ ~_,.._n_f-_" _________ ... _-_c._A_. _"'\_1. __ t __ 's_O __ _ DESCRIPTION OF ITEMS AKD SERIAL NUMBERS . {') r-,-\01(\ A (V'\O l)l~t.. '--6'-l-~ \lt-u-u. LJ ,.,.. r.O~ L J-1 ,10 1,J ' . I'? 1 ! c, ( V · S, ""'11n.1µAL ) L&'.\J 1\.£ ..lC. (. 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FOR" &I 5150 DETAl:'IIEF.S: I ACKNOWLEDGE HAVING RECEIVED A COY OF SECTION 8102 OF THE WELFARE \~D lNSTITt:TJO~S CODE PRINTED ON THE REVERSE SJDE OF THIS FORM. SANDRA HUTCHENS. SHERIFF-CORO:\'.ER Printed by C l\":-~-mto-ttr~-t, ....,_,1,...,1...-,1~=1~');..,...')i-u,-,1-------By \r-,lV Date j\-.J \ t t Dcpul) \. ~am~ and H.uJ1c 1':urn~n Time Ua, 0 FOUND PROPERTY 0 SEARCH WARRANT INVENTORY Ow&111so ORANGE COUNTY SHERIFF'S DEPARTMENT 550 North Flower Santa Ana, CA 92702 SAFEKEEPING · EVIDENCE ,; Take/ Received from ITE\1 ui ij \. .o I t\,...JILf:~--tr- PROPERTY RECEIPT DESCRIPTION OF ITEMS AND SERIAL NUMBERS 1f4. (J, '). L ll IULC r-lL,Y ( M:N,..;rJ 1 ~ f3L.1" l'- •~ ll t'\..C..' Po(~ c;. ,S10,.l ~v~ f3Y \I""\ ' \{ ts DR _._;_~-_;.O:......,;.i _:..7...:....lq_1.. __ Poge _l _or--3:..__ L,,J f.l l Ll"T) I...J - llt f; 5 # t , ~ \00 ,00 uJ lJ,~. CUtLl\.£:l'•KY ( o~.z u., ,-J(Jf\.~ 0 o.,LlA11.. m LL J ~,-./') • I 1\1 ~, ""< \t. Pov'-1--' Pi.Y v,/l' \!. E (l\!') - ~ 10 ( '2.' (l cc(.., 1"i\ f"'o, .... -rl--l~ ,~v1r-,1C ·v•"iE l~T(L 1\,-J 0 .,, ~r; vb7l..L M' ~ fl-(,,(. L OL t-'rrf( /\ t ,J itooM ii, °17 J , C.1lltt..it'1 G/ ~. i-~A"'L ;r l ~ The abll\C propcrt} ,., heing retained by this Department. With authorized release this property may be obtained from the Information ~hina;emcnt Proper) Detail THIS RECEIPT DOES NOT CONSTITUTE PROOF OF OWNERSHIP. FOR \\'&I 5150 DETAl~EES: I ACKNOWLEDGE HAVING RECEIVED A COY OF SECTION 8102 OF THE WELFARE \:\D l!\STJTI,;TIO:\S CODE PRIJ\TED ON THE REVERSE SIDE OF THIS FORM. PrirJted by C B\e -~slo 11i'.;"'?fl1Q r,. i r 1 , , ,~11r:alUfCJ SANDRA HUTCHENS. SHERIFF-CORONER , O.pul\ \ \am< JDd ll.Jgt ;\umh<.'r) Date I~ Time o ~ l H ' E OF CALIFORNIA ,RTMENl Of CALIHJRNIA HICHVIAY PATROL HICLE REPORT '180 (Rev 12-06} OPI 062 L CAME.AS RIO IMPOUNDED RELEASED NOTE CHP 180 IS FURNISHED TO ALL PEACE OFFICERS BY TrlC CALl1'0RS;IA HIGHWAY PATROL SlATE c~ LEGAL OWNER RECOVERED -VEHICLE / COMPONENT oNING • S10RAGL'. CONCEkr-. (NAMF ADDRESS PHOM:./ ~I::: l\. C..::s..,.1-\ )LL \-r:::,,..__ u-'--\-c1~y 11t -"Z-to 1 '1 STORl'GF IIUTHORIT,' RFA!'.<W <..--., 221;·.,~ ,;(i.; lWEO ro :;ro"CDAl •:-,, ~ "r • AIRSACJ? J ,-.\(,-,:.\.IN ORIVC:ABI.C ns E.0' NU I ~ t-c;<r-\ ~..,_, £' l.H,, C, r C .:i_ C"-.,. CONDITION YES NO ITEMS RrCKLD Sf Al (rRONTJ JRNEO Hlll K fl('r 4311,l \f'' -....... SEAT (REAR! •\Nfllll lZED '-.: RI\OK> NG llR~NS STl<IP ....... 11\PE DECK YES NO YES 1 NO ITEMS REC,IS,.RA fl('IN JLT IGB,E~HIR Bl\1T~HY DI "FfntNTIIIL 2 YES YES NU ITEMS YES' TIRES I WHEELS CONDITION CMtPtR I Hr ►RONl ~~pl) " \ [ GS[l AS LOA.£) ... RIGHT FRO'.IIT r-A,,.:._ FIREARMS LEFT RrAR tA,,:_ ....... O'Hf:.~ ......... RIGHT RE.AR b t ... d"l~ nsc PARTS S 1 kif' ......_ lAPtS --.. TRANSMISSION SP.AF( ~ oov•• -OTHERRAUIJ u1.{ ~ ,,,NITION t<.EY ._ _____ _. -I RIO ,R A<;ENT /\l>ENt"Y HOlO SIGNATdRE OF PERSON AU I HOIW'.INC, RnrAt.r: STOLEN VEHICLE / COMPONENT AUTOMATIC. MANUAl Dl\lE HUBCAPS SPFCl/11. WhEEl S ~~""---~------'~J,'[/91 '-l(J lc1 RTIFICATON I, T'if:. UNOERS.GNED DO HrRee, ~ERTIFYTHAT I ~M LEGAi ~ AUTHORIZE:O A\D E'ITITLtO TO TAKE POSSESS•ON or Tl IC 1\801/E DESCRll1f0 VEH,CLE SIGNATURE-OF 'ERSON TAKING POSSESSION I EMBEZZLED VEHICLE PLA TE(S) REPORT (.)AT t II\IE Of OCCURRD. ~E DATC Tl~IF REPORTED !I.AMC OF ~PORTll•G PARlY (~'P DRIVER L1CEt.',E NO STATE LA'T O~IVER OF VFHIC'.1 E DAlE, TIMC I t:l HTII Y OR DECLARE UNDER Pi,.N~ rY Of PFRJURY UNDER TH~ ..AV..S Of ;HE S11• re OF CAllFORNIA THAT THE' FOREGOING IS 1 RUE ANO CORHEC T ADORE::,:, Of RP TCLEPHONt OF RP ( ) REMARKS ILi~ T l'HOf>ERT'f ~oo.s VEHlCLE OAJ.IAGE A'<RESTSI ARRtS I LD I SEC no,., Rf PORTED OY LL.., ~S r NO Cl '<E OF orFtCFR TAl<ING REPORT Sl.PERVISJR ._ Bill OF LADIN\; ATTACHED ( c::1 J R(OL.IRE:> NOT,CES SEN -o RfGIST~RED A'IIO l£-GAL OWNERS PE'< l28~2 VC? TOP YES DATE t~OTltlED NO SHERIFF-CORONER DEPARTMENT, ORANGE COUNTY SANTA ANA, CALIFORNIA SANDRA HUTCHENS SHERIFF-CORONER CRIME SCENE LOG ' CRIME: Ois LOCATION Lii.:rJ" EVERY PERSON ENTERING OR PROVIDING SECURITY AT THE CRIME SCENE MUST BE LOGGED IN DATE /TIME DATE/TIME NAME/TITLE AGENCY IN SCENE OUT OF SCENE PURPOSE ~' t" \ C),.,,,-l "Lt! c,,..i ~ Cc~-") , I('• ,·,/li;,J.i,, s 12.· ,">hz·, . .) 1 • ,. -J P l 1c" ~ (' 1,\. \..\ "t oc. S;, , 't , ~/ foll· I , A ~\)r.-... ..,., -.: ' &. <i,) :·. •., , ~, j Ii.< 6 ' -\ [ ~!.-\_ l\ (. "\ c) (_ so , •1.:. ~1 /(.~t., t>(\.1 5. r'>Af!..'-1 C t.ftc.~ :: 1(' ,,Jj ,,,,,,., b. fr \A+-J ~-\~ .-De~-:, ,_ I<" ,2,/ 1(.1.(, /1 . t ,r <.. U,5 Ml+a.Jrlm ----, ·1< ,":,/ ,~, l, -:S-.t.u.(I..,,~ oc..,F~c: :, ·/C 1~/ fl, ,,1, ~.: \':l· ,; IA,qf .~'() .: ,_,._ A,t,. . \). \)-,.1-... ~,:-~,\ u s r\N-J,<A-1 ,_: •It. , ·;/ lt,J-<,-:;-.,., 'j/ :.>,,1..._ ('/ ~( r I,.,· 1 . \,f ,,,,._, ~l?-lt:.-~ e.., , .... ~ ?'-t -:. tt. 1J/ 1hv --l-- R.. L.J , '-~,,... S.\~ ~L f1tc :, IC hi $ " '-~ /iiotfd J-A<_ \\,CA'-f\ ' ") /v1 • ;v1 C Ct/ .J-rJ./ o .. hL(' .J I(' 'l'>I :., IC J ~//1,'f 'v 'I,\~ YI 'L •' l /\ , .... . ~-f.,.,d;..{ 6c. hl .. -,~ I ,j ,. , •• I. I J~-li i"\, \,'I , (,.~l. ~ "> F,c.c { A 0~\/t,,y_._ \-DL l" d / ::.~. . ·-·? I /(;~t fA.s \"\ '-t'\ t.. A ,') I N 1-Jl,......, '11..' µ lv:v A tl f i\ :. /l'-1,/ ("/v ~l ;-}J(':.- ~-Lc:.ft f,...,t,,Y A (.:. h -., o/ ~ IMPORTANT NOTE: DEPUTIES USE THIS FORM ONLY. DON'T MAKE A "ROUGH" COPY OR ANY NOTES. MAINTAIN ALL PAGES OF LOG AT SCENE UNTIL THE SCENE IS SECURED BY INVFSl IGAT OR -0 .F068°" ~1/09) Page# / of ) L::;12. \ LA~< hf!.,'):"°' c~ EVIDENCE PROPERTY DEPUTY REMOVED MAINTAINING YES NO CRIME SCENE LOG .;f ->,,. (') .0 0, m/51 -c-::- I,.., C a.. ~ ~ u SHERIFF-CORONER DEPARTMENT, ORANGE COUNTY SANTAANA, CALIFORNIA SANDRA HUTCHENS SHERIFF-CORONER CRIME SCENE LOG CRIME. O·r s LOCATIONS L.,4 .q- EVERY PERSON ENTERING OR PROVIDING SECURITY AT THE CRIME SCENE MUST BE LOGGED IN DATE /TIME DATE /TIME NAME /TITLE AGENCY IN SCENE OUT OF SCENE PURPOSE ::~. J Lo"'-, fJtrf A .$ ,c-1,,/ i:., / -, '-. "i i ,~oo -l. .,.. . ' :) 1, '..,( I >-,/ •J , _J /v1 Te~~;--OCSD ~ IC·1•;/ . tt•· ,~ J ,, , .•1 .., A-Kol .-f tl {) (.$1) 'S Jt: I'':,/ 5 hj I?/ l":,'~1.. (5 Lb L sftv/,J /11.:-~ 1v I ~ -~~s Deso ..r; .,o ,...,/-cv1 f}n .. 01.. >--, r / " lox LDAI' .. /4 •,; li> I I I s-io.-~ i1i,< .,,· ,1/:?,/!, L-r Jlc,1 ,e-,~1. L c!-i'1) I fr\ / <;. l~ rJ / /7 2 { ·_, ',.-J ·~ /.,, ( .. ~-, 0 (_ S l) I,-.,...; . l tfowq~..,, ..J vlSO +io•"" , , ,,)-.' ·s-. ✓-P-t<>JA f;:, f i) ~--Iv ,1/ i7 Z.C, ~ -fv-t:, I 1a '6 BrPD 1't.Al-'>{Y. f-.J /;.,s. ~c~ ,17 s--1~ 1~ /r?vu I ' -ft.I\ A-n cx:. ,_., .,-t ' '\ (le; l j ;;,_,_ t,.__, (; I •.:_ , 11) r, / "< , , • I . t> V.'ll Ar (J (<,\ .S·/G ,-; / r7 -/1 ,:· • I tc• ,.,/ 21.'-'7 t_.,. ~ ._ ..... riv~ c.1~t"" /rJ v -· I > 1· fl,v;c..,-1 {Jc. S\") / /Yi7 1,.• .,-, l ·"L t" , Cc· <..,1) ,-lu,'-' • c , l~, /µv ', ;o (1 .. ..> , ".:. J.) ,·, /1 ((,· J( I .:J,: ':)'v )-1 ~ I \,i i1::; / ,x ~(_) rl.,Yl-1 l1v v f1 r::.t-f ,>t ~µ ~ ,,,c f _ H (:, )'.:.i: ct\. 1~ .. (>:_,1 f,) f -/.; I . n~Jl1$u ~ ., ... .,./?,,·7 ~'-Zi) ,1 (,fk l l-11'\, ' '.:) .. ,,. M t;,.f;~ l,,v t-1-v Ct~.-, ~ ft> l'> '!rov1 ~ ,, J .,/1'1 <.t ex:.)(} tio""'-.c..•·>,~ /,.,-✓ f , Jvlr.wi P1-1v !-;\... ~ /) ~ 10 ·11., j Ii" I :;, I l r' r'\ J ·, <-•-' I 'A,)\) 11 v Ill\ ,<. I ,,. ,. l.v I J. H.J,SS,\>,-J W ~d/ltJ r-\'a ·1} (<{~ < (~ le L• , IL J . S f ()JU 'L ( ·t~. ,/ /!r;C-~ D~m /1c~ ,..._,oL Cu,\) ,r ~'I I,: I ' , ,. ~ .~ -· . (,.(.. IMPORTANT NOTE: DEPUTIES USE THIS FORM ONLY. DON'T MAKE A "ROUGH" COPY OR ANY NOTEi:;. MAINTAIN ALL PAGES OF LOG AT SCENE UNTIL THE SCENE IS SECURED BY INVESl ICATOR ... f 0680-v1/09) .u I OR # , 3 , O!i7 19 Z I p #J age 0 :, C·nt L,"\"-... h:,1! ... ~., EVIDENCE . PROPERTY DEPUTY REMOVED MAINTAINING YES NO CRIME SCENE LOG "' "J "" "' :! -....... :;:: .L. 0, "9 ~ ~ c-·co o a.. a _gi C E SANORA HUT H NS, SHERIFF-CCR 0 ER N SHERIFF-CORONER DEPARTMENT, ORANGE COUN rY SANTA ANA, CALIFORNIA CRIME SCENE LOG CRIME: . :>-:C-::, LOCATIONS l 1'..'I:", (l,":i. . u.;-, EVERY PERSON ENTERING OR PROVIDING SECURITY AT THE CRIME SCENE MUST BE LOGGED IN EVIDENCE PROPERTY DATE /TIME DATE /TIME REMOVED NAME /TITLE AGENCY IN SCENE OUT OF SCENE PURPOSE YES NO ""· ,5A1...r,G i>'-' ocso SA 1} /1 ~CJ-/ ') I" •V 'l l .:· I Dc~.O }-fl lr(V\.,l C:..l I) • ~ Ir-.) I • ; i1 t .. 1 IL ~/!.,,~1.-I£ .,L .6c,,, fo ~-,~ ,-,,/ J<(c,, 1 -; Ju n/ 2 , .. I ,., ()f-,C.,(..,'YL ft. l-'1- 1) H1:ri.....';'>K.\L ~< L-........ t!.c. .•. rfo f10 ,~hi 1.., .)-p r~I ,~, i /.!.t.,O i) .. -,, Ci11cr "' -K . ,vJ 1Lc.w ',1: , (J(_ so 5 "(.~ \) //<; 2:-1 .. ) 1 "j ., II ., 'I ; ~. I C C.ii) tfv1i-t. •'--1Dt ,,,..,.,/ M. C,IN ,J GCt,O .<;"•(t, l~/t<::>:, <•tu ,v 1·,.·1 (; C<y') L\ t1> L:i . ' t ~. 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'"h,,-; I"-.. \/ (► I( ~.,I \ 1"'\}.;;,I ( . . \ , .. \ '' I •• / 0v' ' ., ', ,, \ <.v.-' ,t~-~-., ,;. • i..· n/,z1 , 7 .: ,.:_ \ r-c.:~ .._ ~ 1 -f: t.:::.r--1-::-'' --. -__ .. I IMPORTANT NOTE: DEPUTIES USE THIS FORM ONLY. DON'T MAKE A ROUGH" COPY OR ANY NO TFS MAIMTAINALL PAGES OF LOG AT SCENE UNTIL THE SCENE IS SECURf::D BY INVf--t''Tl'3ATOP.. --0.F0680.3 1/09) joR# Paae # ) of i-(-,(. c-:;-;· DEPUTY MAINTAINING CRIME SCENE LOG :--.. ::-""'J. l t"-, -',. -~ ...... '-l t4.\c:. ,.__ '--~ ~ >.;; -~ C' "9. - ~(\ii c--~ ~ LL ;::, 1 COPIES TO Homicide 12 CASE NO 13-087192 SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA CONFIDENTIAL 3 0 INfTIAL NON-CRIMINAL ◄. 0 INfTIAL-CRIMINAL S. 181 FOLLOW-UP CRIMINAL 0 □ CONTINUATION REPORT NO. SANDRA HUTCHENS, SHERIFF-CORONER LAST NAME FIRST -SPELL OUT WHEN DICTATING FOLLOW-UP REPORT 7. OFFENSE . LOCATION OF OCCURRENCE C.P.C. 245(a)(l) Assault with a Deadly Weapon 9 VICTIM/INFORMANT Lake Center Drive, Lake Forest Ca. 92630 10. CATE AND TIME OF OCCURRENCE 11. GRID Detective Joe Pirooz Friday, May I 01\ 2013, about 1628 hrs. 89 l-E5 12. DETAILS OF OFFENSE 1 2 3 4 5 6 7 8 9 10 11 I"' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 3,1 Vehicle Inspected: 1999 GMC Denali, Black, Ca. license number 4 W AU66 Re istered Owner: Witnesses: Senior Lead Forensic Specialist Grant Fry 320 N. Flower St, Santa Ana Ca. 92703 Phn. # (714) 834-4510 Buena Park Detective Sergio Lepe 6650 Beach Blvd., Buena Park Ca. 90622 Phn. # (714) 562-3896 Details: On Wednesday, May 151\ 2013, at approximately 0815 hours, Forensic Specialist Grant Fry and l conducted a vehicle examination on the above listed vehicle. Also present, was Detective Sergio Lepe from Buena Park P.O. The vehicle was associated with an Officer Involved Shooting that occurred on Friday, May 101h, in the city of Lake Forest. As a result, the vehicle was sealed and impounded as evidence, and later transported to the Brad Gates Forensic Science Building (320 N. Flower St., Santa Ana). A subject who was arrested and identified as Lawrence Mares (08-07-72) was driving the aforementioned vehicle when the shooting occurred. It should be noted that Mares is currently on probation with search and seizure conditions. G rant photographed the vehicle and collected several pieces of evidence from the interior. He also recovered two bullets from the radiator area. Refer to attached property receipt and OCCL (FR# 13- 46653) report by Grant Fry for further details. After the search was completed, I made arrangements with the property detail to have the vehicle transferred to the evidence lot that is located within the Theo Lacy Facility. REPORT BY CATE OF REPORT lnv. E. Hatch #987 5/15/13 PAGE 1 OF 1 0 FOUND PROPERTY 0 SEARCH WARRANT INVENTORY 0 W&l5150 J SAFEKEEPING :1;]EVIDENCE ORANGE COUNTY SHERIFF'S DEPARTMENT 550 North Flower Santa Ana, CA 92702 PROPERTY RECEIPT Take/Receivedfrom \qqa /, ,,. 11.;. 1Af 1 11 • ~# • DR I , 'l I 1- Page __ of _J __ ITEM DESCRIPTION OF ITEMS AND SERIAL NUMBERS I~ l PHaro&r'lAPM ~ ,?f Vl-~HU..C.. I T . Jr ~llV » '2.. <~Hl'-NvTf be-I.. '-C)l.l(.._ , t l\.t.11--'\ r-11, -17 f'A ~., ~ ,.J(;-f C ~r-t' r-; 'I f.r(t p.,,rr Ft v ~· ~ H E: Go'" IL ~1\.-t ...... tfUi i.J"\ C ( N\['" (url<:v<.., r;y ..,, ; Atf-~ . ....,, ; C rH'. ~I Pun\ c.o,-Ir,, ':,ya.. tJC,~ ~OMr' ~,L ~,,, u . I . f I r-J LJ, c;. • -"",t,/1,. f r,JC.". /',·,LL.LC.. r ~ J'> f'n DI,;'\ 1'l 6--l-r r:,t •. ,...r PA\ f ,-.fr."\.. ,\~e:'i!. r,y (r (I. ti rJ"""" t lly ~~ r~v or ~y (~ "'Cl ( f"' f'\. \,) ' r-1\1< r. G-, (,.--. C--l\.c-'1..-'(.0 l v 6-r-. ~N°'~ ~(L. y " L ().-,r ~ X'r t ,.JOt L-r ( r:~-,f <;Pf'-,· . >LlC'" r.. -f· fl:, f e:r-) -ll-t"uJI' ..,-.~ .• N\ f (".,;Jl L _ f (l ~ ' j • r--o.., I~~"'-,,.. ,.. ,,.. • rfl-1 ' L ~ l. '--r Gr,..,-~A.v I The ab1J\ c propcrt) i, being retnmed by this Department. With authorized release this property may be obtained from the Information ~1an:1gi:mt:nt Propert} Detail THIS RECEIPT DOES NOT CONSTITUTF PROOF OF OWNERSHIP. FOR\\ &I 5150 DETAl~EES: I ACKNOWLEDGE HAVING RECEIVED.\ COY OF SECTION 8102 OF THE WELFARE --\ ~D INSTITt.:TIO:'liS CODE PRINTED ON THE REVERSE SIDE OF THIS FORM. rinted by c, fl' r:ust 11 2 ·2orn fl? 1 H SANDRA HUTCHENS. SHERIFF-CORONER By N Printed by CL f.l'ercuslo 111212019 8:31 1fl AM CL 1. COPIES TO: Homicide ITV. 0 Yes ~ No 0>@ ~iSHERIFF'S DEPARTMENT ~~ ORANGE COUNTY SANTA ANA, CALIFORNIA CONFIDENTIAL 12. CASE NO lJ-087192 3 0 INITIAL NON-CRIMINAL 4. 0 INITIAL-CRIMINAL 5 (81 FOLLOVV-UP CRIMINAL 6. □ CONTINUATION REPORT NO. SANDRA HUTCHENS, SHERIFF-CORONER FOLLOW-UP REPORT 7 OFFENSE 8. LOCATION OF OCCURRENCE Officer Involved Shooting -Lake Center Dr., Lake Forest, CA 92630 9 VICTIM/INFORMANT 10 OATCANDTIM~OFOCCURRENCE 111. GRID Detective Joe Pirooz Friday, 05-10-1 3 at a pprox. 1628 hours 891E5 12. DETAILS OF OFFENSE: 1 Witness Interview-Detective Jerry Vongries 2 3 Witness information: 4 Detective Jerry Vongries/Buena Park Police/Badge #644 5 6640 Beach Blvd., Buena Park, CA 90622 6 Current Assignment: Burglary Detail 7 8 Details: On Friday, 05-10-13, at approximately 1700 hours, I was advised by Investigator D. Voght of an IO Officer Involved Shooting (O1S) that occurred at the Irvine Suites (-Lake Center Dr.) in the city 11 of Lake Forest. I responded to the scene to assist in the investigation and arrived at approximately 12 1800 hours. 13 14 Investigator Thompson and I were tasked with interviewing witnesses to this incident. At 15 approximately 1922 hours, Investigator M. Thompson and I interviewed Detective Vongries inside a 16 hotel room at the scene. Detective Vongries spoke with us freely and voluntarily. The interview was 17 digitally recorded. The following is a synopsis of our conversation, for details see recording. 18 19 Vongries has twenty-four (24) years law enforcement experience, the last 20 years with Buena Park 20 Police Department, and is currently assigned as a Detective in the Burglary Detail. 21 22 Today (03-21-13), at approximately 0900 hours, he was advised by Sergio Lepe from Buena Park PD 23 that the US Marshals Department had received information on a "suspect" they were looking for and 24 was possibly at the Hotel Menage in the city o f Anaheim. Vongries and his partner, Detective Pat Carney, went to the scene in separate vehicles. Vongries was driving a silver Chevrolet Impala. ERS '1117 A~ REPORT BY Inv. J. Montano #5137 DATE OF REPORT 5/13/13 PAGE 1 OF 3 • 1 COPIESTO Homicide SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA SANORA HUTCHENS, SHERIFF-CORONER I 2 CASE NO, l 3-087192 REPORT CONTINUATIO Once on scene at the Hotel Menage, Vongries heard someone state on the police radio there was a 2 "black Tahoe" in the parking lot that may be rel ated to their suspect. Vongries drove into the parking 3 lot and saw a male get into the black vehicle but Vongrics could not be certain it was the "suspect." 4 The vehicle drove away and Carney attempted to follow it briefly, but later lost sight of it. Carney 5 observed the vehicle had no front license plate and had a rear "paper plate" displaying .. Autohaus.'' 6 Vongrics went back to his station. 7 8 At approximately 1430 hours, Vongrics received additional information that the "suspect" was now 9 at the Irvine Suites in the city of Lake Forest. At approximately 1500 hours, Vongries arrived at the IO Irvine Suites and parked his silver Chevy Impala across from the north driveway of the hotel. The 11 htoel driveway has two entrances/exits, north and south. Vongries stated someone on the radio 12 mentioned they saw "Autohaus" paper plates on a vehicle driving away from a parking spot at the 13 hotel. Vongries got on the radio and advised it was the same license plate they saw earlier in the day 14 at the Hotel Menage on Anaheim. Vongrics drove out of the lot where he was parked and drove into the north entrance of the Irvine 17 Sui tes. At the same time, Vongries heard someone advise ··He's running" on the radio. As Vongries 18 pulled into the driveway, he thought he heard a couple sounds of "metal crumpling·• and "thump 19 thump". A black vehicle then came "flying" in reverse and crashed into a "curb" and semi-trailer 20 right in front of him. Vongries recognized the male, later identified as Lawrence Albert Mares (08- 2 I 06-73), driving the black vehicle as the same male he saw earlier at the Hotel Menage in Anaheim. 22 There wa:s also a female passenger in the vehicle, later identified as 23 Vongries told us he did not want Mares to fl ee so he intentionally "rammed" the black vehicle with 24 his car to try and pin him. Vongrtes estimates lie was Jess than five feet away from the black vehicle 25 when he rammed ii. After ramming the vehicle, Vongries exited his vehicle standing in crevice of hi s 26 door with his gun drawn and gave commands to Mares to put his hands up. Vongries partner then 27 yelled, "move out of the way"' so he went to the back of his car. Vongries looked to his right and saw 28 officers wearing raid vests and other paraphernalia identifying them as police officers. 29 10 Vongries stated he saw other officers "negotiating'· on how to get Mares out of the vehicle due to his driver's side door being pinned against the concrete landing he struck. Officers (unknown) then Pri ....... ,NV.,E~S ..... Tl,.,.G.A:,>£':Tl:,.,-N"""G-=o""'FF=""1c::-::E=R-=-s ----:::Re==PO=Rr=-=s=y:---------.---DA--T=e-c-o-=-F ---RE""'P .... OR---T,------...-,-A---PP""'R-:::Ov""'e""'o _____ _ CLB\eicu•;to 1'.t(~l®ifanfirt' Inv. J. Montano #5 137 5/13/13 PAGE2 1. COPIES TO. Homicide SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA SANORA HUTCHENS, SHERIFF-CORONER I 2 CASENO 13-087192 REPORT CONTINUA TIO pulled Mares out of the car. Vongries believes Deputy US Marshal Mike Ries handcuffed Mares, 2 searched him, and pulled out some "dope" out of his pocket. Vongries helped take Mares away from 3 the vehicle and placed him around the comer at the entrance of the parking garage. Vongries did not 4 speak to Mares but did speak to _,riefly. Vongries stated ~old him she was with 5 Mares all day and knew him as "Stranger". -stated earlier in the day they were at the 6 "Goldenwcst Hotel'. but got kicked out. After they went to a hotel in Anaheim before coming to the 7 Irvine Suites in Lake Forest where a male named -rented the room they were in. 8 9 Vongries stated he did not know an officer involved shooting occurred until after this incident. IO Vongries thought he heard two "sounds" and did not see the actual shooting. 11 12 End of Report. 13 REPORT BY DATE OF REPORT APPROVED lnv. J. Montano #5137 5/t 3/t 3 PAGE3 Printed by CLB\ercusto 11/2/2019 B:31·19 AM 1. COPIES TO ITV O Yes ~ No [F .... SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA CONFIDENTIAL 12 CASENO 13-0871 92 3. 0 INITIAL NON-CRIMINAL 4. 0 INITIAL-CRIMINAL 5 0 FOLLOW-UP CRIMINAL SANDRA HUTCHENS, SHERIFF-CORONER C □ CONTINUATION REPORT NO FOLLOW-UP REPORT 7 OFFENSE 8 LOCATION OF OCCURRENCE CPC 245(a)(l) Assault with a Deadly Weapon -ake Center Drive, Lake Forest, CA 92630 9. VICTIM/INFOR~NT 10. DATE ANO TIME OF OCCURRENCE 111 GRID Detective Joe Pirooz Friday, 05-10-13/ 1628 hours 891 E5 12. DETAILS OF OFFENSE· l Witness Interview Buena Park P.D. Detective Nghia Nguyen #71 9: 2 3 On Friday, May 10, 2013, at approximately 2035 hours, Orange County 4 Sheriff Investigator D. Salcedo and I interviewed Buena Park Detective Nghia Nguyen 5 reference this incident. The interview was conducted in room #207 at the Irvine Suites 6 Motel. The interview was digitally recorded and the following is a summary of our 7 conversation: 8 Detective guyen is currently employed by the Buena Park Police Department 10 and has worked for the agency for approximately fifteen years. Today, May 10, 20 13, 11 Detective Nguyen received a telephone call from Buena Park Sgt. S. Lepe asking for 12 his assistance in locating a suspect, Lawrence Mares 08-07-72, who was wanted for 13 assault with a deadly weapon. While driving to the motel, Detective Nguyen received 14 a text message that contained a picture of Mares. 15 16 17 18 19 20 21 22 23 At approximately 1500 hours, Detective Nguyen arrived at the Irvine Suites to assist in locating Mares. Detective Nguyen was driving his department assigned vehicle, an unmarked white Ford F-1 50 pick-up truck with a camper shell. Detective Nguyen took a position west of Lake Center Drive looking south into the motel. From his vehicle, Detective Nguyen could see the entrance of the south driveway of the motel along with partial views of the second and third floor motel rooms. REPORT BY DATE OF REPORT Inv. K . Milewski # 1719 5/16/13 PAGE 1 OF 2 • 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 1 COPIES TO I 2. CASE NO. 13-087192 SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA. CALIFORNIA SANDRA HUTCHENS, SHERIFF-CORONER REPORT CONTINUATIO At approximately 1625 hours, Detective Nguyen saw two subjects, a male Hispanic wearing a baseball hat and a female Caucasian -no further description, exit the southwest stairwell. Via the radio, Detective Nguyen advised the other officers about the two subjects. An unknown Deputy Marshall said the subjects got into a black SUV which was parked in the southwest carport area. Detective Nguyen saw the black SUV begin lo exit towards the south driveway and advised, "Dave", later identi tied as US Marshall Inspector Dave Diliberti, the black SUV is coming towards him. Inspector Diliberti was posted southeast of the south driveway in his department is~ued brown Ford pick-up truck. Inspector Diliberti drove his truck north, blocking the south driveway. The black SUV stopped just prior to colliding with Inspector Diliberti's truck and immediately began to drive in reverse, along the front of the motel. At that time, Detective guyen started his vehicle and exited north on to Lake Center Drive. As Detective Nguyen began to drive north on Lake Center Drive, he heard two gunshots coming from the area of the motel. Detective Nguyen saw a silver Impala, who he recognized as belonging to his partner Detective Vongrcase, drive into the north driveway. As the Impala entered the driveway, it collided into the black SUV's passenger side of the vehicle. The vehicle's came to rest at the northwest comer of the motel's property. Detective Nguyen exited his vehicle and took cover behind the silver Impala. Detective Vongrease also exited the Impala and stood with Detective Nguyen. Detectives Nguyen and Vongrease provided cover for the officers who assisted the male and female subjects from the black SUV. Detective Nguyen could not remember what offic.ers assisted the subjects out of the vehicle. The subjects were later identi tied as Lawrence Albert Mares 08-07-72 and End of report. PAGE2 • • • Printed by CLB\ercusto 11/2/2019 8:31:21 AM 1. COPIES TO: ITV: □ Yes l8J No SHERIFF'S DEPARTMENT ORANGE COUNTY SANT A ANA, CALIFORNIA CONFIDENTIAL 12 CASE NO. 13-087) 92 3. 0 INITIAL NON-CRIMINAL 4 0 INITIAL-CRIMINAL 5 0 FOLLOW-UP CRIMINAL 6 0 CONTINUATION REPORT NO. SANDRA HUTCHENS, SHERIFF-CORONER FOLLOW-UP REPORT 7. OFFENSE 8 LOCATION OF OCCURRENCE CPC 245(a)(l) Assault with a Deadly Weapon -Lake Center Drive, Lake Forest, CA 92630 9 VICTIM/INFORMANT 10. DA TE AND TIMt 0 ~ OCCURRENCI! 111 GRID Detective Joe Pirooz Friday, 05-10-13/ 1628 hours 891E5 12 DETAILS OF OFFENSE· 1 Witness Interview OCSD Deputy Ashraf Abdelmuti #5458: 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 INV RS On Friday, May 10, 2013, at approximately 2130 hours, Orange County Sheriff Investigator D. Salcedo and l interviewed Orange County Deputy Sheriff Ashraf Abdelmuti reference this incident. The interview was conducted in room #207 at the Irvine Suites Motel. The interview was digitally recorded and the following is a summary of our conversation: Deputy Abdelmuti is currently assigned to the south Orange County Sheriff Gang Enforcement Team, (GET). Today, May 10, 2013, the South GET team was asked for their assistance by the US Marshalls in an attempt to locate an F-Troop gang member that was wanted for two possible attempt murders. The team was given information that the subject, Lawrence Mares 08-07-72, was armed and dangerous and would not hesitate to use whatever force that was necessary to evade arrest. The US Marshalls had information that Mares was possibly at the Irvine Suites Motel in the City of Lake Forest. The team arrived at the motel at approximately 1430 hours and Deputy Abdelmuti went inside and spoke with the front desk clerk. Deputy Abdelmuti showed the clerk a picture of Mares in an attempt to see if she recognized him. The clerk told Deputy Abdelmuti the subject looked familiar to her, and gave Deputy Abdelmuti a print out of the motel guest roster. Deputy Abdelmuti exited the motel and took a position across the street, just west of the motel. From his position, Deputy REPORT BY DATE OF REPORT ( LtiW;uft.~ ~ailliflfa'tt:22 Ml Inv. K. Milewski #l 7 19 5/16/13 PAGE 1 OF 3 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 1 COPIESTO: I 2 CASE NO 13-087192 SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA SANDRA HUTCHENS, SHERIFF-CORONER REPORT CONTINUATIO Abdelmuti could see the motels north driveway exit along with partial views of the north side guestrooms. Deputy Abdelmuti was driving a silver Nissan Maxima. While sitting in his vehicle, Deputy Abdelmuti attempted to run the names from the motel roster on his department issued laptop via law enforcement databases. This was in an attempt to see if he could find any possible link between the motel guests and the suspect, Mares. While running the motel roster names, an unknown officer spoke over the radio stating a male Hispanic, along with female Caucasian exited the southwest stairwell of the motel. The male subject was wearing a hat and fit the description of suspect Mares. Further information was put out over the radio stating that the subjects got into a black SUV and that the vehicle was the same vehicle that was seen earlier in the day at the Mirage hotel, located in Anaheim. The male subject driving the black SUV was identified as Mares by an unknown officer. Deputy Abdelmuti saw the described black SUV begin to exit the motel via the south driveway. Two vehicles, a tan f 150 pick-up truck and possibly a Dodge Charger, drive into the south driveway, blocking the black SUV from exiting. Deputy Abdelmuti recognized both vehicles as belonging to law enforcement officers due to the vehicles entering and exiting the motel property previously in the day. Deputy Abdelmuti also could see the Dodge Charger was equipped with red and blue flashing lights. Deputy Abdelmuti began to drive his vehicle south on Lake Center towards the south driveway of the motel, when he saw the black SUV begin to drive in reverse northbound in front of the motel lobby entrance. Deputy Abdelmuti turned his vehicle around in an attempt to block the north driveway. Prior to getting to the north driveway, there were already two other officers vehicles entering the driveway. Deputy Abdelmuti parked his vehicle along the east curb line and exited his vehicle. REPORT BY DATE OF REPORT Inv. K. Milewski #1719 5/16/13 PAGE2 2 3 4 5 6 7 8 9 10 11 12 13 1 COPIES TO I 2 CASE NO 13-087192 SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA SANDRA HUTCHENS, SHERIFF-CORONER REPORT CONTINUA TIO At that time, he heard two, possibly three gunshots, come from the motel. Soon after the gunshots, Deputy Abdelmuti heard a loud crashing sound, what was later determined to be the black SUV and silver Impala crashing into a retaining wall located at the northwest corner of the motel. Deputy Abdelmuti walked over to the front end of the black SUV with his weapon drawn, and provided cover until the two subjects, later identified as Lawrence Mares 08-07-72 and were removed from the vehicle without incident. Two US Marshall's assisted Mares and ~ut of the vehicle through the front driver's door. Deputy Abdelmuti could not remember the US Marshall 's names at the time of this interview. l ended the interview at approximately 2138 hours. Pr' A CLB\ercu ;fo 1 'l'/¾5fiT~Gf''J4NJ:-11°t;0tICERS Inv. 'A \..lut an an REPORT BY Inv. K. Milewski# 1719 PAGE3 OATE Of REPOR 5/1 v, ~J • • Printed by CLB\:>rcusto 11/2/2019 8:31:24 AM 1. COPIES TO: fTY ~ Yes 0 No SHERIFF'S DEPARTMENT ORANGE COUNTY SANT A ANA, CALIFORNIA CONFIDENTIAL 12 CASE NO. 13-087192 3 0 INITIAL NON-CRIMINAL 4 0 INITIAL-CRIMINAL 5. 181 FOLLOW-UP CRIMINAL SANORA HUTCHENS, SHERIFF-CORONER 6 □ CONTINUATION REPORT NO FOLLOW-UP REPORT 7. OFFENSE Officer Involved Shooting -ION OF OCCURRENCE Lake Center Dr., Lake Forest, CA 92630 9. VICTIM/INFORMANT 10. OATE AND TIME OF OCCURRENCE 111 GRID Detective Joe Pirooz Friday, 05-10-13 at approx. 1628 hours 891 ES 12 DETAILS OF OFFENSE: 1 Interview with GET Dep. Dave Pultz #5261 2 Driving black, Dodge Charger, no insignias, equipped with lights and siren 3 Narrative: 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 On Friday, May 10, 2013, at approximately t 700 hours, I was notified of an Officer Involved Shooting at-Lake Center Drive in Lake Forest. l attended a briefing and assigned to conduct interviews of witnessing officers with Inv. Montano. At approximately 2105, we conducted a digitally recorded interview of OCSD Dcp. Dave Pultz. The following is a summary of the interview, for details refer to the recording. Oep. Pultz has been employed with OCSD for the past 14 years, he is currently assigned to the South Gang Enforcement Team and has been working that assignment for approximately one year and five months. Dep. Pultz works in plain clothes. Tonight he was wearing a green Sheriff's tactical vest when the incident occurred. He stated today (5/10/13) they were requested to assist in this case and responded to the scene. They briefed on the suspect and hi s criminal history/background. They were directed to the scene and game planned on the radio, arriving on scene at approximately 1345 hours. Dep. Pultz was parked across Lake Center Drive from the hotel. They established surveillance at the scene and positioned vehicles at various locations. Someone on the radio stated a subject was observed entering a black SUV and backing out. They decided to do a take down as the suspect was driving to the south driveway. Dep. Pultz entered the south driveway and parked his vehicle (the vehicle is in the same position at the time of the interview as when he parked it), the suspect was facing him. There were no cars between him and the suspect vehicle, but there were cars on the side of them. Dep. Pultz retrieved his weapon and exited his vehicle. As he was exiting his vehicle he heard the first round fired (he later stated he heard a total of three shots). He could not see who fired, and DATE OF REPORT AP..._PROVEO son #2225 5/17/13 -PAGE 1 OF2 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 2 1 22 23 24 25 26 27 28 "' 1 COPIES TO SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA SANDRA HUTCHENS, SHERIFF-CORONER I 2 CASE NO 13-087192 REPORT CONTINUATION did not know if it was the suspect or law enforcement who had fired the rounds. He could see the vehicle was in reverse going through the parking lot. He took cover along the building and proceeded north. He walked past Dep. Manhart's car. The suspect vehicle was against a wall and a silver vehicle had pinned in the passenger side door. The male suspect and a female were in the vehicle. They raised their hands and were complying. The male and female were taken out of the vehicle. The vehicle was cleared of other occupants. The suspect was handcuffed. They conducted a safety check of everyone to verify no one was injured. They talked of how many rounds were fired (they thought three). They next went to check downrange to check if anyone was injured. They could see what appeared to be two rounds in the grill and one in the hood of the suspect vehicle. There was a large tractor-trailer as a backdrop and they did not sec any round strikes on the tractor trailer. They next looked for cartridge casings, they found three and marked them . Dep. Pultz sat with the female. The female confirmed what room they came from and she identified the room where they were staying. They stayed with the female waiting for investigations to respond. Dep. Pultz stated the vehicle accelerated in reverse at a high rate of speed. Dep. Pultz could hear the tires spinning as the vehicle was backing up. Dep. Pultz believes the suspect was trying to evade arrest. The suspect vehicle backed into a wall and was pinned in the location. Dep. Pultz did not have the emergency lights on, however, one of the other take down vehicles did have the emergency lights on, he is not sure what vehicle. Dep. Pultz never heard the suspect say anything. The female stated she met some friends in North County last night, but got kicked out of the hotel. She left with the suspect and told the suspect that she had a friend who had a hotel here. They were going to meet some friends when they were leaving tonight. The female stated she did not know anything about the suspect. He did not conduct the search on her, and does not know what, if anything, was found in her possession. Dep. Pultz stated if anyone would have walked out of the hotel or parking structure, they would have been run over or killed, the actions of the suspect was dangerous. Prl-'-.'-'-~.......,,~~=-c---~=e-=.,------~=-==-==-=~,-----~-=....,......,------cLs1e NG OFFICERS REPORT BY OATE OF REPORT APPROVED rcu~t n · ~aH lnv. M. Thom son #2225 5/17/13 PAGE2 • Printed by CLB\c>rcusl1 11/2/201983126AM 1. COPIES TO. Homicide SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA 12 CASE NO 13-087192 ITV l8J Yes 0 No (r7 ' ;@ [pW CONFIDENTIAL 3 0 INITIAL NON-CRIMINAL 4 0 INITIAL-CRIMINAL 5 181 FOLLOW-UP CRIMINAL 6 0 CONTINUATION REPORT NO SANORA HUTCHENS, SHERIFF-CORONER LAST NAME FIRST -SPELL OUT WHEN DICTATING FOLLOW-UP REPORT 7 OFFENSE 8. LOCATION OF OCCURRENCE C.P.C. 245(a)(l) Assault with a Deadly Weapon -Lake Center Dr., Lake Forest Ca., 92630 9 VICTIM/INFORMANT 10 DATE ANO TIME OF OCCURRENCE 111 GRID Detective Joe Pirooz Friday, May 101\ 2013, about 1628 hrs. 891-ES 12. DETAILS OF OFFENSE I WITNESS: 2 Deputy Emad Mitry # 5374. 3 Black Ford Taurus, Ca. license number 6XCB089. 4 S rnvestigation Information: 6 On Friday, May 10th, 2013, at approximately 1700 hours, I received a text message from 7 Investigator Myrna Caballero about an ·'Officer Involved Shooting" that occurred at the Lrvine Suites in 8 the city of Lake Forest. I arrived in the area at approximately 1730 hours. 9 At approximately 1853 hours. Sergeant Mike Jensen, from the South Gang Enforcement Team (G.E.T.) provided personnel with a briefing of the incident. After briefing, Sergeant A. Spencer l 1 assigned me to assist with the witness interviews. 12 13 SCENE DESCRIPTION: 14 This incident occurred in the parking lot area directly in front of the entrance to the Irvine Suites 15 hotel. The hotel is located along the east side of Lake Center Drive, in between Boeing Avenue and 16 Mercury Road. The hotel has four floors with a hundred guest rooms. The hotel has about 10 to 12 17 parking spaces located directly in front of the hotel entrance which run parallel to Lake Center Drive. 18 There are additional parking spaces on the south side of the hotel, and under the hotel on the north and 19 cast side. There are two entrances into the hotel parking lot, one on the north side and one un the south 20 side. 21 22 INTERVIEW OF DEPUTY EMAD MITRY (SOUTH GANG ENFORCEMENT): 23 At about 2 118 hours, Investigator A. Quilantan and I conducted a recorded interview with 24 Deputy Mitry at the Irvine Suites Hotel in a small conference room near the lobby. Mitry is a member of the OCSD South Gang Enforcement Team. Mitry was wearing civilian clothes but had a protective REPORT BY DATE OF REPORT APPROVED Inv. D. Voght # 1077 5-16-13 PAGE 1 Of 2 1 COPIES TO· Homicide SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA I 2 CASE NO 13-087192 Ct SANDRA HUTCHENS, SHERIFF-CORONER REPORT CONTINUATION I vest that identified him as a Deputy Sheriff. and was driving an unmarked vehicle. The following is a 2 summary of what he told us: 3 Earlier in the day. he received a phone call from his partner stating they were needed to assist 4 another Police Agency in locating and arresting a gang member who was wanted for attempt murder. 5 Mitry received a photo of the suspect (Lawrence Mares), was told Mares is considered armed and 6 dangerous, the gun used in the attempt murder was still outstanding, and Mares has a history of using 7 violence. 8 About an hour and a half before the arrest occurred, Mi try drove to the Irvine Suites and took up 9 a position in the north/east side of the parking lot under the hotel. At this time, they did not know the 10 description of the suspect's vehicle. Other Officers took up various positions in the parking lot. One of 1 I the Officers announced over the police radio that a male subject, possibly matching the description of 12 the suspect, was seen walking to a black Cadillac with a female. Mitry exited his car and started to run 13 to the front of the hotel because he knew that would be where the suspect vehicle would be going. As 14 he was making his way to the front parking lot, he heard one of the Officers yell some verbal commands • similar to "Police", then he heard some gun shots, but he did not visually witness the shooting. I le saw 16 the suspect vehicle drive past him in reverse (northbound) at a high rate of speed, then heard the vehicle 17 crash into something. By the time Mitry got to the front parking lot, he saw the suspect vehicle to his 18 right (north) in the parking lot. He pointed his gun at the vehicle and watched as the driver (male) was 19 removed from the vehicle by other officers. By this time, the driver was cooperative and obeyed the 20 commands of the Officers. Mi try assisted in extracting the female out of the vehicle. They searched the 21 female for weapons and did not find any on her. 22 A few mintues after the incident was over, Mitry learned who the Officer was that fired his 23 weapon. He saw the Officer (Joe Pirooz), who was wearing a black colored protective vest that said US 24 Marshall or Police across the front. To his knowledge, nobody in the car was shot during this incident. 25 Refer to the recorded interview for more information. Printe REPORT BY DATE OF REPORT Inv. D. Vo ht # 1077 5-16-13 PAGE2 Printed by CLB\ercusto 11/2/2019 8:3129 AM 1 COPIESTO: Homicide ITV: ~ Yes 0 No SHERIFF'S DEPARTMENT ORANGE COUNTY ffi]rful()'\ rmw SANTA ANA, CALIFORNIA C \~\ldJU UcoNFIDENTIAL 12CASENO 13-087)92 3 0 INITIAL NON-CRIMINAL 4 0 INITIAL-CRIMINAL 5 181 FOLLOW-UP CRIMINAL 6. D CONTINUATION REPORT NO SANORA HUTCHENS, SHERIFF-CORONER LAST NAME FIRST --SPELL OUT WHEN DICTATING FOLLOW-UP REPORT 7. OFFENSE -ION OF OCCURRENCE C.P.C. 245(a)(l) Assault with a Deadly Weapon Lake Center Dr., Lake Forest Ca., 92630 9 VICTIM/INFORMANT 10. DATC AND TIME 01' OCCURRENCE 111. GRID Detective Joe Pirooz Friday, May 101\ 2013, about 1628 hrs. 891-ES 12. DETAILS OF OFFENSE I WITNESS: 2 Deputy Don Monteleone # 5462. 3 White Dodge Ram van, Ca. license number 6M9033 I . 4 5 Investigation Information: 6 On Friday, May 10th, 20 I 3, at approximately 1700 hours, I received a text message from 7 Investigator Myrna Caballero about an "Officer Involved Shooting" that occurred at the f rvine Suites in 8 the city of Lake Forest. I arrived in the area at approximately 1730 hours. 9 At approximately 1853 hours, Sergeant Mike Jensen, from the South Gang Enforcement Team (G.E.T.) provided personnel with a briefing of the incident. After briefing, Sergeant A. Spencer I 1 assigned me to assist with the witness interviews. 12 13 SCENE DESCRIPTION: 14 See interview of Emad Mi try by D. Voght for scene description. 15 16 INTERVIE\V OF DEPUTY DON MONTELEONE (SOUTH GANG ENFORCEMENTI: 17 At about 2100 hours, [nvestigator A. Quilantan and I conducted a recorded interview with 18 Deputy Monteleone at the Irvine Suites Hotel in a small conference room near the lobby. Monteleone is 19 a member of the OCSD South Gang Enforcement Team. Monteleone was wearing ~i vii ian clothes but 20 had a protective vest that identified him as a Deputy Sheriff, and was driving an unmarked vehicle. The 21 following is a summary of what he told us: 22 Earlier in the day, Monteleone and his team members were at their office at the Aliso Viejo 23 Substation when Sgt. M. Jensen told them they were needed to assist the US Marshalls in arresting a 24 gang member (F-Troop) who was wanted for attempted murder. Monteleone was given a photograph of the suspect (Lawrence Mares) and researched Mares criminal history on Law Enforcement databases. ~ REPORT BY DATE OF REPORT Inv. D. Voght # 1077 5-21-13 PAGE 1 OF 2 1 COPIES TO Homicide SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA I 2 CASE NO. 13-087192 0 SANDRA HUTCHENS, SHERIFF-CORONER REPORT CONTINUATION I Monteleone drove to the Irvine Suites, which is where the suspect was believed to be. While on 2 his way to the hotel, Monteleone received additional information over his police radio stating the 3 suspect was armed with a gun, has a history of weapons possession, may try lo run from the police, may 4 try to shoot it out with the police, and was recentJy involved in two shootings. 5 Monteleone parked his car in the parking lot on the south side of the hotel, just cast of the 6 main/front parking lot where the shooting occurred. At this time, Monteleone did not know the 7 description of the suspect's vehicle. Other Officers took up various positions in the parking lot. 8 Monteleone maintained this position for about two hours until the suspect exited the hotel. One of the 9 Officers announced over the police radio that a male subject matching the description of the suspect was l O seen with a female walking toward a black vehicle. By the time Monteleone saw the suspect, the 11 suspect was already getting into the black SUV with the female. Monteleone was still in his van when 12 he saw the suspect backing out of the parking spot toward Lake Center Drive. He saw an unmarked 13 police vehicle pull in behind the suspect vehicle in the parking lot, in the front of the hotel, which 14 caused the suspect vehicle to stop (both the suspect vehicle and the unmarked police vehicle were facing south). Monteleone heard the suspect's vehicle wheels "chirp" and then saw it drive in reverse 16 (northbound) around and on the passenger side of the unmarked police vehicle. Monteleone did not see 17 any officers outside of the unmarked police vehicle at that time and did not hear any verbaJ commands 18 given by any officers. He did hear some gun shots at about this time, but did not visually witness the 19 shooting. He exited his vehicle and proceeded to assist the other officers. As he was making his way to 20 the front of the hotel, he heard a vehicle crash into something. Monteleone came around the south west 21 corner of the hotel and approached the suspect vehicle after it had crashed. He saw the other officers 22 setting up to arrest the suspect. He took up a spot in the door jamb of a Dodge Durango that was facing 23 the suspect vehicle and kept cover while other officers extracted the suspect and the female from the 24 suspect vehicle. 25 Refer to the recorded interview for more information. REPORT BY DATE OF REPORT Inv. D. Vo ht# 1077 5-21-13 PAGE2 • • • Printed by CLB\ercusto 11/2/2019 8:3131 AM 1 COPIES TO Homicide ITY: ~ Yes 0 No SANDRA HUTCHENS, SHERIFF-CORONER 7. OFFENSE SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA CONFIDENTIAL I ,. CASE NO 13-087 192 3. 0 INITIAL NON-CRt.11NAL 4. 0 INITIAL-CRIMINAL 5 181 FOLLOW-UP CR[MINAL 5. □ CONTINUATION REPORT NO LAST NAME FIRST -SPELL OUT WHEN DICTATING FOLLOW-UP REPORT 8. LOCATION OF OCCURRENCE C.P.C. 245(a)(I) Assault with a Deadly Weapon -Lake Center Dr_, Lake Forest Ca, 92630 9. VICTIM/INFORMANl 10. CATE AND TIME OF OCCURRFNCE 111. GRID Detective Joe Pirooz Friday, May 10th, 2013 , about 1628 hrs. 891-ES 12. DETAILS OF OFFENSE I WITNESS: 2 Deputy Probation Officer Shawn Barry # 620_ 3 Black Dodge Durango. 4 5 Investigation Information: 6 On Friday, May 10th, 2013, at approximately 1700 hours, I received a text message from 7 Investigator Myrna Caballero about an "Officer Involved Shooting" that occurred at the Irvine Suites in 8 the city of Lake Forest. I arrived in the area at approximately 1730 hours. 9 At approximately 1853 hours, Sergeant Mike Jensen, from the South Gang Enforcement Team 12 (G.E.T.) provided personnel with a briefing of the incident. After briefing, Sergeant A. Spencer assigned me to assist with the witness interviews. 13 SCENE DESCRIPTION: 14 See follow up report of Deputy Emad Mitry interview by D-Voght 15 16 INTERVIEW OF PROBATION OFFICER SHAWN BARRY, SOUTH GANG 17 ENFORCEMENT): 18 At about 2133 hours, Investigator A. Quilantan and I conducted a recorded interview with 19 Probation Officer Shawn Barry at the Jrvine :Suites Hotel in a small conforencc room near the lobby. 20 BaiTy is a member of the OCSD South Gang Enforcement Team. Barry was wearing civilian clothes 21 but had a protective vest that identified him as a Probation Officer and was the passenger in an 22 unmarked vehicle with Deputy Manhart as the driver. The following is a summary of what he told us: 23 Earlier in the day, he was told by his supervisor that the tam was needed to assist the US 24 Marshall Task Force in locating and arresting a fugitive, who was wanted for attempted murder, at the Irvine Suites in Lake Forest. The suspect was identified as Lawrence Mares, who is a known gang 26 erober., and Barry was provided a photo of the suspect. Barry researched the suspects criminal history INVESTIG TING 8FFIC RS REPORT BY DATE OF REPORT APPROVED (l ~_rQml~tM119B31·32A~ Inv. D. Voght # 1077 5-21-13 ~(-.-LA ,. ___ , .... -1-.k_ PAGE 1 OF2 1 COPIES TO Homicide SHERIFF'S DEPARTMENT ORANGE COUNTY SANT A ANA, CALIFORNIA I 2. CASE NO 13-087192 • SANDRA HUTCHENS, SHERIFF-CORONER REPORT CONTINUATION I and learned he was on informal probation and was subject to search and seizure. Barry and Manhart 2 were assigned to the south side of the parking lot while other Officers were at different locations in the 3 parking lot. Barry and Manhart were parked nose first facing south. While they were waiting in the 4 parking lot, they saw several pedestrians in the general area of the parking lot. Barry and Manhart were 5 there for about one hour before the suspect was spotted exiting the hotel. They saw a male subject who 6 matched the description of the suspect getting into a black SUV type vehicle, with an unknown female 7 subject. Another officer radioed that the black SUV was most likely related to the suspect. The black 8 SUV started to back out of its parking spot and continued in reverse toward the front parking lot 9 (nearest Lake Center Drive). Barry and Manhart backed out of their spot and drove forward toward the IO suspect vehicle. As the suspect vehicle reached the south side of the parking lot in front of the hotel, it 11 was blocked in by another unmarked police vehicle which had its police "flasher" lights on. At this 12 point, Barry started to get out of his car, but then was told to stay in by Deputy Manhart because the 13 suspect continued in reverse, on the passenger side of the vehicle that had blocked him in, northbound in 14 the parking lot at about 30 MPH. Manhart drove forward (northbound) in the parking lot after the • suspect vehicle (they went on the driver 's side of the unmarked police vehicle that had blocked the l 6 suspect in). At this point, Barry did not see any Officers out of their vehicles giving the suspect any 17 commands or trying to apprehend the suspect. As Barry and Manhart continued after the suspect 18 vehicle northbound in the parking lot, he heard some gunshots, but did not visually witness the shooting. 19 Using his peripheral vision he saw an Officer standing in the parking lot to his left. The suspect vehicle 20 crashed into something on the north side of the parking lot. Barry and Manhart stopped directly in front 21 of the suspect vehicle, exited their vehicle and assisted in arresting the suspect. 22 Barry did not know who fired the gun at the time of the shooting, but about 20 minutes later he 23 learned the identity of the shooter. The shooter was wearing a tactical vest that said US Marshall. 24 Refer to the recorded interview for more information. REPORT BY DATE OF REPORT CLB' II Inv. D. Vo ht # 1077 5-21-13 PAGE2 Printed by CLB rcusto 111212019 831 33 AM \ OC CR1MELAB Coumy Executive Office -Dis1nc1 At1orney -Shen ff ClUME LAB REPORT OF CRIME SCENE INVESTIGATION o ••""OI CO\lfrlfT '"'lf'OtllNI& VICTIM: SUSPECT: Mares, Lawrence CRIME: OIS DATE: 05/10/2013 DEPT: OCSD LF Examination(s): Fingerprints recovered: NIA Elimination fingerprints collected: Yes -Mares, Lawrence Photographs taken: 35 -Suspect FR#: 13-46653 DR#: 13-087 I 92 Physical evidence collected: Suspect's clothing: Gray t-shirt, gray tank top, black shorts, black paid boxers, black shoes & socks DNA Reference/Buccal swab(s) collected: No Work order submitted: No f other exams are needed, a request must be submitted by investigations. Labeled photo images are available upon request. On 05/10/13 I met with Investigators and Lawrence Mares at 320 N. Flower St, in the city of Santa Ana. I collected inked rolled exemplars of Mares' fingers and palms from the suspect. I also observed and photographed injuries to Mares' top of head and left arm. Investigator Hoffman requested close up photographs of Mares' tattoos. l lowski, Forensic Specialist Date Approved B Date cc: Homicide t1,AY 2 ~7 L013 f flEZ. Printed by CLB\ercusto 11/2/2019 8:31 :34 AM An ASCLDILAB-lntema1io11a/ accredited laborato,y Puge I of I OCCRIMELAB County Executive Office -District Attorney -Sheriff RIM E LAB REPORT OF EVJDENCE EXAMINATION ....... c ••• ,,, ..... ., ••••• Name: MARES, Lawrence Albert (s) Crime: OIS Date: 05/10113 Dept: OCSD Agency OCCL Item# Item# Description of Evidence to be Examined • FR#: 13-46653 Case#: 13-087192 4 5 10 Para-Ordnance Model 14.45 LOA semiautomatic pistol, .45 Auto caliber, SIN - Four cartridge cases and fragments from the scene Two bullets from GMC Denali Requester: A. Quilantan Phone: (714) 647-7051 By: D. Voght Date: 05/13/13 Type of Examination Requested: Function exam and comparison RESULTS and INTERPRETATIONS: The Para-Ordnance pistol fired without malfunction. All four cartridge cases from the scene were determined to have been fired in the Para-Ordnance pistol. , e jacket fragments from the scene do share similar class characteristics with test fired bullets from the Para- Ordnance pistol, but it could not be determined if any of the jacket fragments from the scene were fired from the Para-Ordnance pistol. The jacket fragments were not suitable for comparison. The two bullets from the GMC Denali do have the same class characteristics as test fired bullets from the Para-Ordnance pistol, but it could not be determined if the bullets were fired from this pistol. The results of the microscopic comparison were inconclusive. Ex.AMINA TION: OCCL#4-Para-Ordnance Model 14.45 WA semiautomatic pistol, .45 Auto caliber, SIN- The double action only Para-Ordnance pistol was received unloaded with its empty 14 cartridge capacity magazine removed. Also packaged with the pistol and magazine were a single cartridge labeled as being from the chamber and l O cartridges labeled as being from the magazine. All 11 cartridges are Winchester brand .45 Auto caliber, each loaded with a T-Series® jacketed hollow point bullet. The 11 cartridges were repackaged and submitted as a new evidence item. A cloth patch for collecting residue was pulled through the barrel and retained. The pistol is equipped with a functional disconnecter, grip safety, and manual safety lever. Trigger pull was measured to be 6 ¼ to 6 ½ pounds. Using ammunition from the laboratory reference collection, the pistol was test fired. The barrel of the pistol six lands and grooves of rifling with a left twist. Land impression widths on the test fired bullets measure 1 to .074 inch and groove impression widths measure .1 56 to .158 inch. Printed by CLf"i1nrdStii..LOl~a1l(l!f!!71aj{o(WI accredited laboratory ~ Page 1 o/2 OCCRIMELAB County Executive Office -District Attorney -Sheriff REPORT OF EVIDENCE EXAMINATION • Name: MARES, Lawrence Albert (s) FR #: 13-46653 OCCL#5-Four cartridge cases and fragments: The four cartridge cases from the scene are all Winchester brand .45 Auto caliber. The four cartridge cases were microscopically compared to test fired cartridge cases from the Para-Ordnance pistol. The jacket fragment from E/M5 weighs approximately 13 grains and has marks from left twist rifling. The jacket fragment is from a Winchester brand T-Series® jacketed hollow point bullet. The lead fragment from E/M4 weighs approximately 8 grains and is not suitable for classification or comparison. The jacket fragments from E/M 1 weigh approximately 11 grains and 4 grains respectively. The larger jacket fragment is from a Winchester brand T-Series® jacketed hollow point bullet. Both jacket fragments have marks from left twist rifling. OCCL#J0-Two bullets from GMC Denali: . e projectile from the right front grille of the GMC Denali is an impact damaged .45 Auto caliber Winchester brand T-Series® jacketed hollow point bullet weighing approximately 221 grains. The bullet has marks from six lands and grooves of rifling with a left twist. Land impression widths measure .071 to .074 inch and groove impression widths measure .156 to .158 inch. The bullet was microscopically compared to test fired bullets from the Para-Ordnance pistol. The jacketed projectile from the battery shelf of the GMC Denali is an impact damaged .45 Auto caliber bullet weighing approximately 185 grains. The bullet has marks from six lands and grooves of rifling with a left twist. Land impression widths measure .072 to .074 inch and groove impression widths measure .157 to .158 inch. The bullet was microscopically compared to test fired bullets from the Para-Ordnance pistol. Copies To: I . A. Quilantan By: \\l.ll.( Date: ~ t l l;} 2. _________ By: __ Date: __ _ 3. _________ By: Date: --- Robert L. R kers Forensic Scientist III Date: 05/22/13 Date (714) 834-4510 Page 2of2 • OCCRIMELAB Counl) Execu1ive Oma: -Dis1ricr AllomC) -Sheriff CRIME LAB ........................ REPORT OF EVIDENCE EXAMINATION VICTIM: SUSPECT: Mares, Lawrence Albert CRIME: OIS Examinatton{s); Item Examined; OCCL Item 2 DA TE: 05/1012013 DEPT: OCSD Description 1999 GMC Denali, black, (4WAV665). Results and Interpretations: Fingerprints recovered: NIA Elimination fingerprints collected: NI A • FR#: 13-46653 OR#: 13-087192 Photographs taken: 88-Exterior and interior vehicle, contents of vehicle, bullet holes and recovered bullets. Physical evidence collected: 2-bullets. 1-small and I -8 '/2 x 11 note book. Several new capped empty Walreens syringes. I-dark brown purse containing personal items, empty syringes, foil with residue and $16 cash. ONA Reference/Buccal swab(s) collected: No. Work order submitted: No. If other exams are needed, a request must be submitted by investigations. Labeled photo images are available upon request. On 5/15/13 I responded to the OCCL's Vehicle Exam Area and met with Investigator E. Hatch regarding the above listed GMC Denali. I observed yellow OCSO evidence seals were securing the doors and engine hood of the vehicle. There was no license plate on the front, and an "Auto Haus West" paper plate on the rear. The following windows were broken: Driver's window, left rear passenger door window. and left side window in the rear cargo door. There was damage to the driver's side of the body. The driver's side view mirror was broken and dangling. The front left wheel/tire was broken off its mount. There was also damage on the passenger lower right side of the vehicle. There was an apparent bullet hole on the engine hood, in front of the driver's area. The hole penetrated through the hood. Two apparent bullet strike marks were on the front engine grill. (Continued page 2) ~ \1r, fif aD t I ll-/111cn1a1iorral accrtdllcd laborallJI')' Cl B\ercusto 11/2/2019 B 31 36 AM • • CRIM&LAB ............... , ....... OCCRIMELAB Counry Exccurivc OOicc • l)is1rict A11om1.-y -Sheriff REPORT OF EVIDENCE EXAMINATION • FR#: 13-46653 I recovered two bullets: One from the battery shelf in the engine compartment, and one that was lodged in the transmission cooler behind the front grill. There was a small apparent bullet fragment lodged in the front right radiator. It was not able to be retrieved. A key was in the ignition. Two notebooks, with handwriting, were on the center console and front passenger seat. There was a dark brown purse in the front passenger seat area. The purse contained S 16 cash, a piece of foil with residue on it. empty syringes, and other miscellaneous personal items. There was a black Nike bag on the left rear passenger floor. The bag contained several full Bud Light beer cans, a folding knife, new Walgreens syringes, and miscellaneous personal items. The rear cargo area contained clothing, tools, a TV. a vacuum, an Xbox, towels and blankets . Grant E. Fry, Lead For Date Ak~U::ktQi cc: Homicide JUL O 3 2013 LXB ;r t{n ,ISCI D, /_ I/J.111ternatio11al accred,ted /abora1<1r,• Printed by . l'ug,: :!of] CLB\ercusto 11/2/2019 8:31:37 AM • n OCCRIMELAB Coon1y Exccu1ivc Office -Dislnct Allomcy -Sheriff CRIME LAB ........... , ... , ..... . REPORT OF CRIME SCENE INVESTIGATION VICTIM: SUSPECT: Mares, Lawrence Albert CRIME: 01S DATE: 05/10/2013 DEPT: OCSD Examlnatlon(s): Fingerprints recovered: NIA Elimination fingerprints collected: NIA • FR#: 13-46653 DR#: 13-087192 Photographs taken: 141 -Scene including room 323 of Irvine Suites and Officer Pirooz and his weapon. Physical evidence collected: The i>llowing was collected and relinquished to Property: From room 323 (I) syringe with a cap, (2) syringe caps with brown tar like residue, a cut portion of a soda can with cotton, a wrapper with brown residue Long Beach PD Officer Pirooz' weapon, a Para Ordinance 14.45 LDA gun, serial ~ith ammunition Evidence markers I -Bullet fragments 2 -Sunglasses 3 -Plastic bag with a white powdery substance 4 -Bullet fragment 5 -Copper fragment 6 -9 -Cartridge cases with the head stamp WIN 45 AUTO ONA Reference/Buccal swab(s) collected: No Work order submitted: No If other exams are needed. a request must be submitted by investigations. Labeled photo images are nvailable upon request. On 5/10/13, I responded to -Lake Center Dr. in Lake Forest which was the Irvine Suites and met OC Sheriff's Homicide Sergeant Spencer, Investigators Hatch and Voght. The hotel was located in an area which had several business complexes. The front of the hotel faced west and there were driveways on the north and south ends. ~ ~ ~ ASCLO'LAB·frllerr,otional <JCcreditcd faborou,,v "Printed by Page f of'! CLB\ercuslo 11/2/2019 8 31 37 Ari/ • • CRIMBLAB ........................ OCCRIMELAB Cow1y flcg,niYC Office • Districl Allomcy • S11'.Tiff REPORT OF CRIME SCENE INVESTIGATION • FR#: 13-46653 OCSD Sgt. Mike Jensen told me the following: He along with several officers from multiple agencies were on a task i>rce. They attempted to pull over parolee Albert Lawrence Mares in his black Denali SUV, and he attempted to flee, charging them with his vehicle. Long Beach Officer Pirooz fired fuur shots hitting the vehicle. At the hote~ I took photographs of Officer Pirooz and his weapon a Para Ordinance 14.45 LOA gun, serial -One cartridge was in the chamber and ten were in the magazine. On the north driveway of the hotel a black Denali lie.# 4WAU665, was pinned against a planter by a reported underoover vehicle. The vehicle was a silver Chevy Impala, lie.# SVJA 182. The Denali had damage to all fuur sides a two apparent bullet holes on the front grill and hood. A silver Cadilac Escalade lie.# 6VXSS60 was on the north driveway behind the Impala and a white Ford Fl 50 truck was behind the Escalade. Both were also undercover vehicles. On the growKI east of the Denali were bullet fragments and in the planter also east of the Denali were s111glasses. East of the planter was a staircase and a wall enclosing the parking garage. Inside the parking garage on the ground were jewelry, a lanyard, coins and a small plastic bag with a white powdery substance. On the ground of the driveway that leads into the north parking lot was a bullet fragment. South of the driveway on a small sidewalk was a copper fragment. On the driveway which ran north and south in front of the hotel lobby were four cartridge cases and the following vehicles which were all reportedly undercover; a black Dodge Durango lie.# 6YSY98S, a gold Chevy Trailblai.er lie.# 6DEG l l 8, a gold Ford F 150 vin# 21713. a silver Ford E>,1>lorer lie.# 6UGD662, a black Dodge Durango lie# 6CGT3S6, and a black Dodge Charger US Marshall unit # 2922. A white RAM I 500 van lie.# 6M9033 l was parked in the south parking lot and also was an undercover vehicle. At the request of Sgt. Jensen I proceeded to room 323 and took photographs. The suite had two rooms a living room and bedroom divided by a sliding door. In the living room on an end table I observed a wrapper with brown residue. On a counter in the bedroom, I observed a syringe with a cap, two additional syringe caps wkh brown tar residue inside, and a cut soda can and cotton. Rough sketches were made of the scene and room 323. Finished sketches can be made upon request. I was assisted by Forensic Specialist H. Peplowski at the scene sic Specialist &1-8)--1?; Date cc: Homicide JUL 2 3 2013 LXB 'l,, ASCLIYUB-lnterwational a«rt!!dllcd lahorato,y (t Page2o/2 Printed by CLB\ercusto 11///2019 8:31:38 Af\l • OC CRIME LAB County Exec::utlw Office -Dfstrlc.t Attorney-Sheriff TOXICOLOGICAL EXAMINATION REPORT CIIIM■LA■ ...................... ...... ....., ________ _ ................ .................. ___ .._...,.., ...... ................. ---·---........ E~E~LfJ_f3 ............ =-CICCl, .... .at:-=~=:iiE -:lt:-.,_.teratto~• .. !'W Vial# (BAIN): 812283 OR#: 13-087192 FR# 13-46653 Submitting Agency: Orange County Sheriff Dept. LastName: .M!£n First Name: Lawrence Mid<le/Other. Al>ert Details· Pet OCSO Investigations. subject arrested as fugllve with 3 warrants, including attempted murder. AMP 5-13-13 A sample was removed from the evidence contain« fa each test performed [analysts listed below] . ~----~-,·-=•· r-LABORATORfWAL VTICAL RESULTS AND INTERPRETATIONS Drugs Confirmed: Amphetamine, Methamphetamlne • Presumptive sa890flg was performed for: Benzodlazeplnes, Cocaine and/or Metabofite, Methamphetamlne and/or Related Compounds, Opiates, Camabfnolds (THC and/or Related Coml)OU'lds) [Forbes]. • Testing was performed for: methamphetamlne and amphetamine (Deelues]. FontnMc:: Sc::ientt1t: ~ ~ Date: JUN O 7 261-1 t.:Cf File: ___ By: __ _ R ted by Andera AnASCUMAB........,._,_,_,, ~ ReYtew. CLB\ercuslo 11/2/2019 8 31:39 Af\l Report Preparation Dile 5/1612013 OC CRIME LAB County Executive Offlc:e -Dlltrtct Attorney • Sheriff 111■■■1 R5242a 812283 13-el53 BA • FORENSIC VOLATILE EXAMINATION REPORT • CRIM■ LAB .......... '" .......... Vli'J# (BAIN): 812283 DR#: 13-087192 FR# 13-46653 Agency: Orange County Sheriff Dept. Name: Mares. Lawreoc, Albert Details: Per OCSD Investigations, subject arrested as fugitive wffh 3 warrants, lnd.ldng attempted murder. AMP ~13-13 1, t. undenllgned, cet'lly \#Ider penally o1 pe,jl.y 1h11 lie blood or ume analysis raportad hetein was performed during h reguflr ccurse of my dules, and Is a we and correct represen41ton d the rllUlts ot my enalyn. I ful1h« ~ lhll 1 am I qualhd Forenlle Alcohol Supervieor (F~~ Ffflll'lllc Alcohol At9Jyil (FM) or Forwwlc Alcohol Analysl Trainee (FMT) employld by._ Orange Colnly Sherfll.c«oner Otpel1menl. 0C Cr1melab, hi tie~ aed lOperfonn lhe analysls WIN In pn,per Wllffllng o,w al h !Ima the analym .s perbmed and .. l'ICOldh lg d.,. analytcal reeulls Wit done II .. lime Of the analysl■. I funtw certify hll the nnsfer d data fer reporting purposes-■ perfolmed eleQ'Olllcally In aCCOfd ~ h labonlory'I polcils and l)ft)0ll4ns (This cer111cillon ~ lcunded for Oepe,1menl Of Moler Vehide Admtl1snlve Per Se hatnga.) A sanptlng Of ffllllfflll was UMd for YOlalle lnlng. LABORATORY ANALYTICAL RESULTS AND INTERPRETATIONS-(See below for final result) Analyst Anabtll• Qat• (IQ) !DIii Ethanol Bault Volatfltt Detected A.Kleln,FM K. Declu ... FAS ANK05132013B KB>05132013C GCMS-A-82 0.000 :t 0.004 55-88 0 000 %0.004 ~I Bl~ Alcohol result of ~ % (WN) Is an average of 2 determinations ~ Signatures: ,.,--.. ( D--Qf l,'u.11) '£e•~ oc;.11o. 13 To;, fonn n,po,ts volalle MUiis orly. A drug scnen IS performed on al Blood~~ ten then 0.08%. Specific dNg analyse• may be reques'9d by c:allng lhe OC Crime Lab at (714) 834-4514. Dn,g r-..b wil NOT affect the reported Blood Ablhol levei. AnAS~acawdledle-i) :mLUJAl3 LCF R 9.0) rinted by CLB\ercusto 11/2/2019 8:31:40Arv ' t • ,,7 I ' / ~ VICTIM: OC CRIME LAB County Executive Office -District Attorney-Sheriff REPORT OF CRJME SCE E INVESTIGATlON SUSPECT: Mares, Lawrence Albert OIS DATE: 05/10/2013 DEPT: OCSD Examination{s): Fingerprints recovered: NIA Elimination fingerprints collected: NIA • FR#: 13-46653 DR#: 13-0871 92 Photographs taken: 141 -Scene including room 323 of Irvine Suites and Officer Pirooz and his weapon. Physical evidence collected: The following was collected and relinquished to Property: From room 323 -{l) syringe with a cap, (2) syringe caps with brown tar like residue, a cut portion of a soda can with cotton, a wrapper with brown residue Long Beach PD Officer Pirooz' weapon, a Para Ordinance 14.45 LOA gun, serial ~with ammunition Evidence markers I -Bullet fragments 2 -Sunglasses 3 -Plastic bag with a white powdery substance 4 -Bullet fragment 5 -Copper fragment 6 -9 -Cartridge cases with the head stamp WIN 45 AUTO DNA Reference/Buccal swab(s) coUected: No Work order submitted: No If other exams are needed, a request must be submitted by investigations. Labeled photo images are available upon request. On 5/10/13, I responded to-Lake Center Dr. in Lake Forest which was the Irvine Suites and met OC Sheriffs Homicide Sergeant Spencer, Investigators Hatch and Voght. The hotel was located in an area which had several business complexes. The front of the hotel faced west and there were driveways on the north and south ends. Printed by ~,~slo 11/2/2019 8 '31:40A~ U An ASCLDILAB-lnternahonal accrt'dited lahoratory Page I o/2 • CRIME LAB ••• .. •• ••••n·. c.u.o•••u ) OC CRIM E LAB County Executive Office -District Attorney -Sheriff REPORT OF CRJME SCENE INVESTJGATION • FR#: 13-46653 OCSD Sgt. Mike Jensen told me the following: He along with several officers from multiple agencies were on a task fo rce. They attempted to pull over parolee Albert Lawrence Mares in his black Denali SUV, and he attempted to flee, charging them with his vehicle. Long Beach Officer Pirooz fired four shots hitting the vehicle. At the hotel, I took photographs of Officer Pirooz and his weapon a Para Ordinance 14.45 LOA gun, serial ~One cartridge was in the chamber and ten were in the magazine. On the north driveway of the hotel a black Denali lie.# 4WAU665, was pinned against a planter by a reported undercover vehicle. The vehicle was a silver Chevy lmpala, lie.# SVJAl 82. The Denali had damage to all four sides a two apparent bullet holes on the front grill and hood. A silver Cadilac Escalade lie.# 6VXS560 was on the north driveway behind the Impala and a white Ford Fl 50 truck was behind the Escalade. Both were also undercover vehicles. On the ground east of the Denali were bullet fragments and in the planter also east of the Denali were sunglasses. East of the planter was a staircase and a wall enclosing the parking garage. Inside the parking garage on the ground were jewelry, a lanyard, coins and a small plastic bag with a white powdery substance. On the ground of the driveway that leads into the north parking lot was a bullet fragment. South of the driveway on a small sidewalk was a copper fragment. On the driveway which ran north and south in front of the hotel lobby were four cartridge cases and the following vehicles which were all reportedly undercover; a black Dodge Durango lie.# 6YSY985, a gold Chevy Trailblazer lie.# 6DEG 11 8, a gold Ford Fl 50 vin# 21713, a silver Ford Explorer lie.# 6UGD662, a black Dodge Durango lie# 6CGT356, and a black Dodge Charger US Marshall unit # 2922. A white RAM 1500 van lie.# 6M90331 was parked in the south parking lot and also was an undercover vehicle. At the request of Sgt. Jensen I proceeded to room 323 and took photographs. The suite had two rooms a living room and bedroom divided by a sliding door. In the living room on an end table I observed a wrapper with brown residue. On a counter in the bedroom, I observed a syringe with a cap, two additional syringe caps with brown tar residue inside, and a cut soda can and cotton. Rough sketches were made of the scene and room 323. Finished sketches can be made upon request. I was assisted by Forensic Specialist H. Peplowski al Lhe scene cc: OCSD Homicide JUL 2 3 2013 LXB r.'rin d l y e i h1~sfL~~~)MJ,~Mional accredited lahoratory @ Page 2 of2 Printed by CLB\rrcusto 11/2/2019 8:31 42 AM Printed: 05/10/2013 1722 OCSD -IDENTIFICATION BUREAU LIMS2000 CALL SLIP NOTES Type: 01S Description: Shooting Dept: OCS~,!:{ \j Deputy: Sgt. Spencer Location: -Lake Center \)(, Cross Street: Aj(J\~ ~X:-t,~ Name (L, FM): MARES, Lawrence Vehfole Info: Remarks: ) FR# 13-46653 slip 1 Coroner# Case# 13-087192 Unit: City: Lake Forest Complex: Grid: Name Type: Suspect Phone: State: Plate: Shooting no injuries / Suspect in custody I Long Beach Officer involved/ Quest Sgt. Spencer 714-920-0034 0 PHOTOS ONLY ASSIGNMENT PHOTOS: RANGE: \ .,,, \ l{ ~ TOTAL: ~~, '\\~t-\ <~ \ ~\r\w i. Q\M1-, SHOEPRINTS:O YES O NO TIRE TRACKS: 0 YES ONO TO0LMARKS:O YES ONO EVIDENCE COLLECTED: ~ES ONO DISP0: I).,\\ \fl I., TIME: ?\\-:,\\':) 0?~ BUCCAL SWABS: 0 YES ~NO NAMES: 'V~ \..,V 0 WRCS SUBMITTED EVIDENCE PROCESSING: 0 YES _,0"No METHOD USED: 0 VALID 0 YES IL(No O VICTIM O OTHER: 0 YES ~ NO TOTAL# ELIMS PRINTS COLLECTED: LIFT CARDS COLLECTED: POSITIVE RESULTS: 10;9;._ 10-98 17v J'J{}l, NEG. RESULTS: INITIALS: _(j ___ PAGE _j_ OF Jr NOTE OC CRIME LAB IDENTIFICATION BUREAU CRIME SCENE NOTES CRIME LAB L. Pena-Sanchez, Senior Forensic Specialist Date: .....___-'-4---''-+1,......._ __ __J •••••• eouwt•. c:1.1.tto•••• Time: ontact person/s: Victim: ocation: Suspect: rim: .oroner: ' Cu~ ( ,ah.~ ~-..!..-.L=--.-l...,.,LLLJ..l.---===--.:.- • INITIALS: _Jj_ PAGE )--OF J.k OC CRIME LAB IDENTIFICATION BUREAU CRIME SCENE NOTES CRIME LAB L. 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Printed by CLB\ercuslo 11/2/2019 8 31:53 Af\l DKT/NO *IRM420 DISP B COURT VEH/LIC 30460 6TES132 i/13/13 08:01:1 9 l24 2701 \TE:05-13-13*TIME:08:0l* \TCHED ON:*L/N*F/N* BD 1V RECORD FOR LAW ENFORCEMENT USE !../NO B/D: NAME \IL ADDR AS OF 08-13-12: rH/ADDR AS OF 10-25-10 l<A: DENTIFYING INFORMATION: EX -HAIR :-EYES :11111111-HT :-WT: - IC/ISS:05-27-0S*EXPIRES:06-21 -14*RBM1*CLASS:C NON-COMMERCIAL* ~DORSEMENTS:NONE* RIGINAL DL ISSUE DATE:05-27-05* ~TEST APP: L TYPE:DUP WITH PRIOR PHOTO*ISS/DATE: 08-13 -12*OFFICE: LAH*BATES:LIS* RGAN AND TISSUE DONOR: NO UPDATED:08-13-12 ICENSE STATUS: VALID* EPARTMENTAL ACTIONS: ONE ONVICTIONS: IOL/DT CONV/DT SEC/VIOL 1 -28-11 02-10-12 23123A VC MV POINT COUNT 0 'A~RES TO APPEAR: ( ,C<.....J. ENTS: IONE :ND Printed by CLB\ercusto 11/2/2019 8:31:54 Arv DKT/NO *IRM420 DISP B COURT VEH/LIC 30460 6TES132 12/09/13 09:00 :17 1424 3562 ZA .-,RPERQ1424 ,l .., ************************ DNA TAKEN ************************ ***************** ORANGE COUNTY SHERIFF BOOKING** IN CUSTODY**************** LARS PERSONAL INFORMATION BKN : 2768218 NAME: -OCN : -CII : FBI: SSN: CUST ST:ACT STP#: • BKG OT/TM: 20130604/0546 REL OT/TM: / TYP : SEX :■ RACE :■ AGE : 1111 HGT : -WGT: -HAIR: DOB : ---■ POB: lllllllll5c RES: ■ CITZ : • OCC : EYE : 1111 MAR STAT: ■ S/M/T: ■ ILL/INJ: N MEDH: METH: CYA : STP : CITY: NOK NAME: ADDRESS: SAME PH#: CITY: STATE : ZIP: EMP NAME: ADDRESS : CITY : STATE: ZIP : SHERIFF ******** CASE INFORMATION******** OCN :-BKN:2768218 , NAME : NAME: BKG DT/TM: 20130604/0546 CASE AGY : LAF AGYCN : 13-104941 JUR: HJC WR/CN: 13HF1852 BK STAT : PREF DSP DT/TM : I RSN : SEN DT: SEN XP DT/TM : COMM: CHRGS : CT DEG OFFENSE 1 F HS11378 1 F HS11350 (A) 1 F HS11377(A) 1 M PC148.9 1 M PC148.9(A) 1 M HS11364 .l(A) OCN :■--BKN:2768218 , A NAME : BKG DT/TM: 20130604/1013 CASE NAME : DESCRIPTION DIS POSSESSION FOR SALE F POSSESS NARCOTIC CONTROL F POSS CONTROLLED SUBSTANC F FALSE IDENTIFICATION TO U FALSE ID TO PEACE OFFICE F OPIUM PIPE OR PARAPHERNA F SIG 15 15 15 24 24 32 I AGY: SOJ AGYCN : JUR : HJC WR/CN : 13HF0709 BK STAT: PREF DS P DT/TM : I RSN : SEN DT : SEN XP DT/TM: I COMM: .CHRGS: CT DEG OFFENSE DESCRIPTION DIS SI G 1 F HS11378 POSSESSION FOR SALE F 15 Printed ty F HS11351 POS/PUR F/SALE NARC/C/SU F 15 CLB\ercusto 11/2/20191 :31:55frv HS11377(A) POSS CONTROLLED SUBSTANC u 15 HS11350(A) POSSESS NARCOTIC CONTROL u 15 1 M HS11364 .1 (A} OPIUM PIPE OR PARAPHERNA F 32 OCN :-BKN :2768218 , B NAME -BKG DT/TM : 20130604/1015 CASE NAME: AGY: SOJ AGYCN: JUR: HJC WR/CN : 13HF0542 BK STAT: PREF DSP DT/TM : COMM: CHRGS: CT 1 1 1 1 1 I DEG OFFENSE F HS11351 F HS11378 RSN: F HS11379(A) F PC496(A) M PC135 SEN OT : SEN XP OT/TM : DESCRIPTION DIS SI G POS/PUR F/SALE NARC/C/SU U 15 POSSESSION FOR SALE F 15 TRANSP/SELL CNTL SUB F 15 REC KNWN STOLN PROP U/40 F 24 DESTROY EVIDENCE F 24 I OCN : BKN:2768218 , C NAME · BKG DT/TM : 20130604/1016 CASE NAME: AGY : SOJ AGYCN: JUR: HJC RSN :CTS SEN DT: WR/CN: 12HF0153 BK STAT: COMM • DSP DT/TM:20130718/ COMM: 90 DYS CTS 90 DYS CHRGS: CT DEG OFFENSE 1 M HS11550 1 M PC1203 .2 SEN XP OT/TM : DESCRIPTION DIS SIG USE/UNDER CONTROLLED SUB F 17 REARREST/REVOKE PROBATIO C 19 I ************************ ORANGE COUNTY SHERIFF BOOKING********************** LARS PERSONAL INFORMATION BKN: 2751619 NAME : OCN: CII : BKG OT/TM: 20130228/0119 REL TYP: BOND CUST ST:FIN STPi : SEX : I RACE: ■ AGE : -HGT: -WGT : -HAIR : DOB: ~OB: 1111111:)c RES: ■ CITZ : • OCC : EYE: -MAR STAT :. S/M/T: ■ I LL/INJ: N MEDH: METH: CYA: STP: ADDRESS : CITY : PH#: OLN/ST: NOK NAME: REL : 0TH ADDRESS : PH#: CITY : STATE: -ZIP: EMP NAME: ADDRESS : CITY: STATE: ZIP : SHERIFF ******** CASE INFORMATION******** .OCN:-BKN:2751619 NAME -Eflin rRW'~y 20130228 /0119 CASE NAME: cLs\efc-~1f 11ffAfg 8:3N1\£N: 13-037602 JUR : HJC WR/CN: 13HF0709 BK STAT : BOND DSP DT/TM:20130322/ RSN:BOND SEN OT: SEN XP OT/TM : COMM: -CHRGS : CT DEG OFFENSE DESCRIPTION DIS 1 F HS11352 TRANSPORT/SELL NARCOTIC u 1 F HS11378 POSSESSION FOR SALE F 1 F HS11378 POSSESSION FOR SALE E 1 F HS11351 POS/PUR F/SALE NARC/C/SU F 1 M HS11364 .1 (A) OPIUM PIPE OR PARAPHERNA F OCN :-BKN :2751619 I A NAME: BKG OT/TM: 20130228/0228 CASE NAME: AGY : LAF AGYCN : JUR: HJC WR/CN : BK DSP DT/TM:20130306/ RSN:CORL SEN OT: SEN XP DT/TM : COMM: CHRGS: CT DEG OFFENSE DESCRIPTION DIS 1 F HS11351 POS/PUR F/SALE NARC/C/SU F 1 F HS11378 POSSESSION FOR SALE F 1 F HS11379(A) TRANSP/SELL CNTL SUB F 1 F PC496 (A) 1 M PC135 OCN :-BKN:2751619 8KG OT/TM: 20130228/0229 AGY : LAF AGYCN: DSP DT/TM:20130322/ COMM : CHRGS: CT 1 1 DEG OFFENSE M HS11550 F PC1203 .2 REC KNWN STOLN PROP U/40 F DESTROY EVIDENCE F I B NAME : CASE NAME: JUR : HJC WR/CN: 12HF0153 BK RSN:BOND SEN DT : SEN XP OT/TM: DESCRIPTION DIS USE/UNDER CONTROLLED SUB U REARREST/REVOKE PROBATIO F SIG 15 15 15 15 32 STAT: SIG 15 15 15 24 24 STAT: SIG 17 19 I CORL I BOND I ************************ ORANGE COUNTY SHERIFF BOOKING********************** LARS PERSONAL INFORMAT BKN: 2743452 NAME : OCN:-CII: - BKG OT/TM : 20130111/0314 REL TYP: BOND CUST ST :FIN STP#: SEX:~ AGE : -HGT: -WGT: ~ HAIR: -EYE: -MAR STAT:■ DOB: ~OB: .. OC RES : ■CITZ : ~: S/M/T : ■ ILL/INJ: Y MEDH : MED ATTN REQ METH: CYA: STP: CITY: NOK NAME: .ADDRESS : CITY: Prjnt 1 ~y CLB\er~~o 11~~S\~8:3155A~ CITY: PH#: STATE : -ZIP: ~LN/ST: REL : PH#: STATE: ZIP: ADDRESS: STATE: ZIP : ******** CASE INFORMATION******** -OCN:-BKN :27434 52 , NAME - BKG OT/TM: 20130111/0314 CASE NAME : SHERIFF AGY: LAN AGYCN : 13-006215 JUR: HJC WR/CN : BK STAT : BOND DSP DT/TM:201301 13/ COMM : CHRGS : CT 1 1 1 1 DEG OFFENSE F HS11378 F HS11351 M PC135 F PC496 RSN :BOND SEN OT: SEN XP OT/TM: DESCRIPTION DIS SIG POSSES SION FOR SALE 15 POS/PUR F/SALE NARC/C/SU 15 DESTROY EVIDENCE 24 REC/ETC KNOWN STOLE N PRO 24 OCN :-BKN:2743452 , A NAME :- BKG DT/TM: 20130111/0454 CASE NAME : I AGY : LAN AGYCN : JUR: HJ C RSN :BOND SEN OT: WR/CN: 12HF0153 BK STAT : BOND DSP OT/TM:20130113/ COMM: CHRGS: CT DEG OFFENSE 1 M HS11 550 SEN XP OT/TM: I DESCRIPTION DIS SIG USE/UNDER CONTROLLED SUB 17 .************************ ORANGE COUNTY SHERIFF BOOKING********************** LARS PERSONAL INFORMATION BKN : 2714668 NAME: - OCN : -CII: -FBI: 8KG OT/TM: 20120729/2210 REL OT/TM: TYP: CORL CUST ST:FIN STP#: SEX: ■RACE :. AGE : • HGT: 11111 WGT : -HAIR: DOB: -POB: llllll"oc RES: ■CITZ: • OCC : EYE: -MAR STAT:■ S/M/T: • ILL/INJ: N ME DH : METH: CITY: NOK NAME:_ ADDRES S: CITY: SAME EMP NAME: UNEMPLOYED CITY : STATE: ZIP : ADDRESS : STATE: ZIP: CYA: STP: PH#: OLN/ST REL: 0TH PH#: SHERIFF ******** CASE INFORMATION ******** .OCN:~BKN :2714668 , NAME: BKG ~0120729/2210 CASE NAME: ¥nnt 6Bb yAGYCN: 12-06451 J UR : HJC WR/CN: 12HF0 153 BK STAT: CORL CLB\er'5'§1~118/i?~1,r~)1ldt~o731/ RSN:CORL SEN OT : SEN XP OT/TM: I • COMM: CHRGS: CT 1 1 DEG F M OFFENSE HS11352(A) HS11550 DESCRIPTION TRANSP/SELL NARC/CNTL SU USE/UNDER CONTROLLED SUB DIS F F SIG 15 17 ************************ ORANGE COUNTY SHERIFF BOOKING********************** LARS PERSONAL BKN : 2677580 NAM · OCN: CII : BKG OT/TM: 20120113/0444 REL TYP : BOND COST ST :FIN STP#: SEX: ■ RACE: ■ AGE : -HGT : -WGT: -HAIR : -EYE : 1111 MAR STAT: ■ DOB: ~OB : -OC RES : ■CITZ : .OCC : S/M/T:. ILL/INJ: MEDH: METH: CYA: STP: CITY: NOK NAME: REL: FAT ADDRESS: SAME PH#: CITY: STATE: ZIP : ADDRESS: CITY : STATE: CA ZIP: SHERIFF • ******** CASE INFORMATION******** OCN :-BKN :2677580 NAME : BKG DT/TM: 20120113/0444 CASE NAME : AGY : CMP AGYCN: 12-000439 JUR : HJC WR/CN: BK STAT : BOND DSP DT/TM:20 120113/ COMM : RSN:BOND SEN DT: SEN XP OT/TM : CHRGS: CT DEG OFFENSE 1 F HS11352(A) 1 F PC182(A)(l) DESCRIPTION DIS SIG TRANSP/SELL NARC/CNTL SU 15 CONSPIRACY:COMMIT CRIME 24 ** TOTAL ARST: 5 ** • Printed by CLB\ercusto 11/2/2019 8:31:56 Arv I 12/09/13 09:02:48 1424 3564 IH IH E: QHY.CA0300040 .32533311.INV QUI DAT E:20131209 TIME:09:02 :48 RESTRICTED-DO NOT USE FOR EMPLOYMENT,LICENSING OR CERTIFICATION PURPOSES ATTN :INV QUILANTAN 13-087192 ************************************************************************ DO NOT COLLECT DNA . DNA SAMPLE HAS BEEN RECEIVED , TYPED, AND UPLOADED INTO THE CAL-DNA DATA BANK. FOR I NFO (510) 620-3300 OR PC296 .PC296@DOJ.CA.GOV . ************************************************************************ ** PALM PRINTS AVAILABLE AT DOJ FOR PALM PRINTS CONTACT PALM.PRINT@DOJ .CA.GOV III CALIFORNIA ONLY SOURCE RECORD CII/ DOB/ HGT/ NAM/01 RAC ,,... FBI CDL soc 02 * * * * HAI/ .. POB - ARR/DET/CITE: NAM:01 DOB :- 20120112 CASO SANTA ANA CNT:01 #2677580-1402372 11352(A) HS-TRANSPORT/SELL NARC/CNTL SUB • NT:02 182(A) (1) PC-CONSPIRACY:COMMIT CRIME COM : ADR-20120112 ( COM: PHOTO AVAILABLE COM: SCN-347F0130015 COURT: NAM:01 20120314 CASC NEWPORT BEACH CNT :01 #12HF0153 11352(A) HS-TRANSPORT/SELL NARC/CNTL SUB DISPO:DISMISSED/FOJ/MOTION OF PEOPLE CNT :02 11550 HS-USE/UNDER INFLUENCE CONTROL SUBST *DISPO:CONVICTED CNT :03 11550 HS-USE/UNDER INFLUENCE CONTROL SUHST DISPO:PROC SUSP/DRUG CRT-DEFERRED JUDGEMENT DISPO:FOR CERT INFO SEE AUTOMATED ARCHIVE SYS COM: DCN-P2116000741230000138 20120424 DISPO:DRG CRT/DEFER JDGMNT-TRM CRM PROC REINST SEN : 3 YEARS PROBATION 20120731 DISPO:FOR CERT INFO SEE AUTOMATED ARCHIVE SYS COM : CONVICTION CERTIFIED BY ALAN CARLSON ,CLERK OF THE COURT COM : DCN-P2137002131230000451 CLB:tj~ft~;~ftsXl_8L/REV AND/OR RE I NSTATE W/SEN MOD SEi: §g DAYS JAIL DISPO :FOR CERT INFO SEE AUTOMATED ARCHIVE SYS COM : CONVICTION CERTIFIED BY ALAN CARLSON,CLERK OF THE COURT COM : DCN-P2141001991330000362 0130718 DISPO:EARLY DISMISSAL FROM PROBATION COM : DCN -P2141001991330000363 * * * * ARR/DET/CITE : NAM:01 DOB:- 20120729 CASO SANTA ANA CNT:01 #2714668-1402372 -WARRANT 11550 HS-USE/UNDER INFLUENCE CONTROL SUBST WARRANT #12HF0153 COM : CNTl NUM-THJC COM: ADR-20120729 ( COM: PHOTO AVAILABLE COM: SCN-347F2120002 * * * * ARR/DET/CITE: NAM :01 DOB :- 20130110 CASO SANTA ANA CNT:01 #2743452-1402372 11378 HS-POSSESS CONTROL SUBSTANCE FOR SALE CNT :02 11351 HS-POSS/PURCHASE FOR SALE NARC/CNTL SUB CNT :03 135 PC-DESTROY/CONCEAL EVIDENCE CNT:04 • 496 (A) PC-RECEIVE/ETC COM : ADR-20130110 ( COM: PHOTO AVAILABLE COM : SCN-347G0110004 * * * * ARR/DET/CITE : NAM:01 DOB:- 20130228 CASO SANTA ANA CNT:01 #2751619-1402372 11352(A) HS -TRANSPORT/SELL NARC/CNTL SUB CNT :02 11378 HS-POSSESS CONTROL SUBSTANCE FOR SALE CNT:03 11364 .l(A) HS-POSSESS UNLAW PARAPHERNALIA COM: ADR-20130228 ( COM: PHOTO AVAILABLE COM: SCN-347G0590006 * * * * ARR/DET/CITE: NAM:01 DOB:- 20130604 CASO SANTA ANA CNT :01 #2768218-1402372 11378 HS-POSSESS CONTROL SUBSTANCE FOR SALE CNT :02 11350(A) HS -POSSESS NARC CONTROL SUBSTANCE CNT:03 11377(A) HS-POSSESS CONTROLLED SUBSTANCE .NT:04 148 .9(A) PC-FALSE ID TO p ~9t4e ,../\R~~20130604 ( e o~:""E>~0TO AVAILABLE CLB\ercus~ol!if20~cNt51 t-3/Gl 550 009