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15-50525 Report_Redacted13-50525 Supplement No ORIG LONG BEACH POLICE DEPARTMENT 400 WEST BROADWAY Reported Date 08/19/2013 LONG BEACH, CA 90802 Primary Offense487(D)AUTOPC OfficerQUINONES,DANIELLE D Phone 562 570-7381 RECORDS Fax 562 570-7080 FAX Administrative Information AgencyLONG BEACH POLICE DEPARTMENT DR No13-50525 Supplement NoORIG Reported Date08/19/2013 Reported Time15:55 CAD Call No 132311358 Rpt Typ STOLEN-RECOVERED VEHICLE REPORT Primary Offense GRAND THEFT; MOTOR VEHICLE Location W 11TH ST/DAISY AV City LONG BEACH ZIP Code 90813 Rep Dist 104 Area 01 Beat 06 From Date 08/19/2013 From Time 14:00 To Date 08/19/2013 To Time 15:00 Officer 10056/QUINONES,DANIELLE D Assignment PATROL/WEST/CFS/W3 2nd Officer REYES,DEDIER AssignmentPATROL/WEST/CFS/W3 Entered by8929 AssignmentADMIN/RECORDS/RECORDS/W2 RMS TransferSuccessful Prop Trans StatSuccessful Approving Officer8929 Approval Date08/19/2013 Approval Time18:03:13 Person Summary Invl VIC Invl No 1 Type I Name MNI Race Sex DOB Vehicle Summary Invl SAR Type 2 License No 80603C1 State CA Lic Year 2014 Year 1985 Make TOYT Model TK Style PK Color WHI Report Officer 10056/QUINONES,DANIELLE D Printed At 11/04/2020 07:04 Page 1 of 2 13-50525 Supplement No 0002 LONG BEACH POLICE DEPARTMENT 400 WEST BROADWAY Reported Date 10/26/2013 LONG BEACH, CA 90802 Primary Offense69PC OfficerSTURGEON,ADAM P Phone 562 570-7381 RECORDS Fax 562 570-7080 FAX Administrative Information AgencyLONG BEACH POLICE DEPARTMENT DR No13-50525 Supplement No0002 Reported Date10/26/2013 Reported Time17:49 CAD Call No 1361 Rpt Typ ARREST ONLY Primary Offense OBSTRUCT/RESIST EXECUTIVE OFFICERS Location PINE AV City LONG BEACH ZIP Code 90813 Rep Dist 174 Area 01 Beat 06 From Date 10/26/2013 From Time 17:49 To Date 10/26/2013 To Time 18:00 Officer 10055/STURGEON,ADAM P Assignment PATROL/WEST/CFS/W3 2nd Officer REYES,DEDIER AssignmentPATROL/WEST/CFS/W3 Entered by6268 AssignmentPATROL/WEST/CFS/W3 RMS TransferSuccessful Prop Trans StatSuccessful Approving Officer3186 Approval Date12/17/2013 Approval Time13:47:45 Use of ForceYes Suspect in CustodyYes ARRESTEE 1: AVILA,OMAR ZARATE Involvement ARRESTEE Invl No 1 Type Individual NameAVILA,OMAR ZARATE MNI RaceHispanic/Mexican/Latin SexMale DOB07/21/1983 Age30 Juvenile?No Height5'07"Weight160#Hair ColorBrown Eye ColorBrown PRN TypeHOME Address City State ZIP Code Date10/26/2013 Miscellaneous Comments 1 Laborer Alias Name PENAGUTIERREZ,OMAR Race Hispanic/Mexican/Latin Sex Male DOB 07/21/1983 Height 5'07" Weight 160# Hair Color Brown Eye Color Brown InvolvementARRESTED Arrest TypeARRESTED Arrest Date10/26/2013 Arrest Time18:00:00 Booking No3755336 Book Date10/26/2013 Book Time21:45:00 StatusBOOKED Arrest Location PINE AV CityLONG BEACH Rep Dist 174 Place of Birth Beat 06 Charge 487(D)PCGTA Level F Charge Literal GRAND THEFT AUTO Charge 69PC Level F Charge Literal OBSTRUCT/RESIST EXEC Narrative On 10/26/2013, my partner (Officer D. Reyes #6268) and I (Officer A. Sturgeon #10055) were working uniformed patrol in the area of 12th St and Pine Av as Unit 1Z12 when our attention was drawn to a male Hispanic subject standing on the sidewalk in front of Pine Av (call #1361). The male subject was speaking with two other male subjects while standing on the sidewalk in front of the location. My partner had previously advised me that a subject by the name of Omar Avila lived at Pine (the upstairs apartment of the same location) and he was wanted on an open report involving a stolen vehicle (Main DR 13-50525). Officer Reyes and I have gone to that location looking for Avila on multiple occasions. Report Officer 10055/STURGEON,ADAM P Printed At 11/04/2020 07:04 Page 1 of 3 13-50525 Supplement No 0002 LONG BEACH POLICE DEPARTMENT Narrative Officer Reyes drove northbound on Pine Av and advised me that he recognized the male Hispanic subject as Omar Avila from his booking photo. After driving by the subject heading northbound, Officer Reyes made a u-turn to detain Avila. After turning southbound, I noticed Avila grab a bicycle that was lying on the sidewalk and began to ride southbound. I called out from the passenger seat to Avila to stop and told him to come to our car. Avila continued to ride slowly, asking, "Yo?" (meaning "Me?"). I said, "Yes you, I'm looking right at you. Come here." Again Avila asked, "Yo?" I then said, "Si." Avila stopped his bicycle and Officer Reyes stopped our vehicle. I stepped out of the car and noticed that Avila was not stepping toward our car, but was beginning to take steps northbound. I told Avila, "Come here." Avila then began running northbound on the west sidewalk of Pine Av. I began to chase Avila northbound to the alley just north of Pine Av. Avila then ran westbound down the alley. I continued to chase Avila, ordering for him to "Stop!" Avila turned toward a wooden gate that is attached to the north side of his complex. Avila quickly approached the gate, jumped up and grabbed the top of the gate to pull himself over. Believing he was going to escape into his back yard, I jumped up to grab onto Avila and pulled him down off the gate. While continuing to hold onto Avila, we both fell to the ground. I held onto Avila's upper body, with my right arm wrapped around the top portion of his body above his right arm and my left arm around his chest below his left arm. Avila attempted to get away from me, pushing his body away from me and pulling at my arms to get me to release my hold. During the struggle, Avila was able to make his way to his feet. Avila was yelling something to me in Spanish, but I did not understand what he was saying. Avila and I continued to struggle with each other, Avila doing what he could to get me to release my grasp. Not knowing where my partner was, I believed that if Avila freed himself from my grasp he would be able to get away. I used my body weight and downward force to take Avila down to the ground. Both of us fell to the ground, and I was then able to wrap my legs around Avila's lower body and continue to hold onto his upper body at the same time. Avila continued to yell at me in Spanish. I ordered Avila to "Stop resisting" several times. Avila and I rolled around on the ground to the point that I was beginning to feel fatigued and Avila struggled to get free the entire time. Officer Reyes arrived to my location and at that point I was on my back holding onto Avila who was face up. Officer Reyes knelt down and held onto Avila's left arm and told me, "I got him." Officer Reyes spoke to Avila in Spanish and Avila was yelling at both of us in Spanish. I did not understand what was said at the time, but Officer Reyes told me that he ordered Avila to "Stop resisting" and "turn over". Officer Reyes told me that Avila was yelling, "Mata me" (Kill me). As Officer Reyes held onto Avila, I began to release the hold of his legs and attempt to get into a position to control his right arm. As I released my hold, Avila was able to turn over and was now face down on the ground. I was still positioned behind him, now using my body to hold him on the ground. Officer Reyes and I attempted several times to bring his arms out behind his body without success. I retrieved my handcuffs and was able to handcuff Avila's right hand. Avila continued to fight with me, pulling his arms inward, under his body. I was now unable to control either one of Avila's hands. Officer Reyes asked me if he should attempt to "tase" him (referring to his ECD), but I knew the only way for the ECD to work effectively would force me to release my hold and get off of Avila. I did not want to allow an opportunity for Avila to escape, or be affected by the ECD myself, which would incapacitate me, so I told Officer Reyes not to "tase" him. After I believed we had exhausted all of our options to secure Avila and with several unsuccessful attempts, I believed that the quickest and safest way to end the fight would be the use of a Carotid Restraint. I quickly encircled Avila's neck with my left arm and applied the Carotid Restraint. Within 5 seconds, I noticed Avila's left arm go limp. I told Officer Reyes that Avila was "out" and we both quickly turned him over and handcuffed his arms behind his back. Avila "came to" within a few seconds of the use of the Carotid Restraint. I checked Avila's vitals and ensured that he was breathing. Avila was put into a seated position, but was immediately trying to get up and squirm away from our hold. My partner and I escorted Avila to our patrol car and secured him in the back seat. Within one minute of being in our car, Avila had turned his body and began kicking at the rear driver's side window, ultimately causing the window to bow outward. I opened the rear passenger side door and told Avila to "Stop." Avila stopped kicking the window at that point. He began to complain about his right wrist hurting. Report Officer 10055/STURGEON,ADAM P Printed At 11/04/2020 07:04 Page 2 of 3 13-50525 Supplement No 0002 LONG BEACH POLICE DEPARTMENT Narrative Long Beach Fire Department was requested and responded to the scene. Engine 3 and Rescue 2 arrived on scene to assess both Avila's injuries as well as mine. I noticed after we had successfully secured Avila in the back of our car that I had sustained scrapes and abrasions to my left arm, a small scrape to my right elbow, and throbbing pain to both hands. Approximately two hours later, while filing the report, I began to notice neck and upper back pain, as well as soreness to both arms. Unit 1S30 (Sgt. D. Lance #6041 and Sgt. S. Benson #6205) was notified and responded to the scene. We were assisted by Unit 134C (Officer R. Rios #6254 and Officer R. Lance #10015), Unit 1C64 (Officer H. Reyes #10005 and Officer D. Quinones #10056), and Unit 1C7 (Officer R. Garcia #6178). Officer Rios took photos of the scene, including both myself and Defendant Avila. Unit 1C64 conducted knock and talks of the area. Rescue 2 transported Avila to St. Mary's Hospital and was escorted by Unit 134C, who maintained custody of Avila. While at the scene, Avila provided the name Omar Avila with DOB 04/01/83. Officer Reyes and I returned to LBPD HQ (400 W Broadway). We obtained Avila's criminal history report sheet and learned that his true name is Omar Avila-Zarate with a date of birth of 07/21/1983. Avila has been arrested using a different name (Omar Pena-Gutierrez) with a date of birth of 11/20/1983. Avila has an ICE hold under that name and it was confirmed to being the same person through Avila's FBI issued number of . Officer Reyes called ICE and contacted the officer of the day. A detention hold was placed on Avila because he is a deported criminal/aggravated felon. We later responded to St. Mary's to relieve Unit 134C. Avila was treated by Dr. and he was found to have a possible fracture to his right wrist. Avila had several bruises and scrapes to his chest area, as well as both arms. Avila also had a quarter size abrasion and small bump to the left side of his forehead. Avila was given a soft cast for his right arm for the possible fracture. Avila was transported to Booking (400 W Broadway) where he was booked as charged. Report Officer 10055/STURGEON,ADAM P Printed At 11/04/2020 07:04 Page 3 of 3 13-50525 Supplement No 0004 LONG BEACH POLICE DEPARTMENT 400 WEST BROADWAY Reported Date 10/26/2013 LONG BEACH, CA 90802 Primary Offense69PC OfficerREYES,DEDIER Phone 562 570-7381 RECORDS Fax 562 570-7080 FAX Administrative Information AgencyLONG BEACH POLICE DEPARTMENT DR No13-50525 Supplement No0004 Reported Date10/26/2013 Reported Time18:00 CAD Call No 1361 Rpt Typ FOLLOW-UP REPORT Primary Offense OBSTRUCT/RESIST EXECUTIVE OFFICERS Location PINE AV City LONG BEACH ZIP Code 90813 Rep Dist 174 Area 01 Beat 06 From Date 10/26/2013 From Time 18:00 To Date 08/19/2013 To Time 15:00 Officer 6268/REYES,DEDIER Assignment PATROL/WEST/CFS/W3 2nd Officer REYES,DEDIER AssignmentPATROL/WEST/CFS/W3 Entered by6268 AssignmentPATROL/WEST/CFS/W3 RMS TransferSuccessful Prop Trans StatSuccessful Approving Officer7881 Approval Date10/27/2013 Approval Time01:07:39 Use of ForceYes VICTIM 1: STURGEON,ADAM Involvement VICTIM Invl No 1 Type Individual Name STURGEON,ADAM MNI RaceWhite SexMale DOB Age Juvenile?No Height5'11"Weight190#Hair ColorBrown Eye ColorBrown PRN Type BUSINESS Address 400 W BROADWAY LBPD City LONG BEACH State California ZIP Code 90802 Date 10/26/2013 Miscellaneous Comments 1 Officer on duty Narrative On 10/26/2013 my partner (Officer A. Sturgeon #10055) and I, Officer D. Reyes #6268, were working uniformed patrol as unit 1Z12. At approximately 1800 hours, we were driving in the area of 12th St and Pine Ave when my attention was drawn to a male subject standing on the sidewalk. I recognized the subject as Omar Zarate Avila, a named suspect from the original grand theft auto report I filed. On that report that I filed, both the victim and a witness identified Avila as the suspect of the auto theft. I advised my partner of the suspect and he made visual and verbal contact with Avila who was now riding a bicycle (in violation of multiple bicycle laws). As my partner stepped out of our vehicle, Avila fled on foot and my partner gave chase giving him verbal commands to stop running. Avila and my partner ran northbound but my vehicle was facing south. I drove south on Pine Ave and then made a right turn on 12th St anticipating Avila's possible escape route. After reaching Anaheim St from Pacific Ave, I did not see my partner or Avila. I returned to the original location where we observed Avila and observed my partner and Avila wrestling on the ground. They were in the east/west alley rear of Pine Ave. I exited my vehicle and assisted my partner who was struggling to keep Avila on the ground. As I reached them, I grabbed Avila's right arm and gave him verbal commands in Spanish to stop resisting. Avila was on his back, with my partner underneath him trying to subdue him. Avila yelled in Spanish, "Matame!" and refused to comply with my orders to stop resisting. Due to our futile efforts to subdue the violent suspect, my partner applied the carotid restraint causing Avila's body to go limp and allowed us to handcuff him. Report Officer 6268/REYES,DEDIER Printed At 11/04/2020 07:04 Page 1 of 2 13-50525 Supplement No 0004 LONG BEACH POLICE DEPARTMENT Narrative Once Avila came to, he again continued to yell at us in Spanish. I called for assistance via police radio and called for medical personnel to check on Avila's well-being. My partner and I placed Avila in the back seat of our patrol vehicle while we waited for assisting units. While in our back seat, Avila continued his violent behavior and kicked the window one time. He yelled that his right wrist was hurting him and I advised him that medical personnel was enroute. After Avila was secure in our vehicle, my partner advised me that he had sustained injuries to his arms. He explained that his injuries were caused by Avila's violent actions to escape his grasp while wrestling on the pavement. I observed multiple abrasion on both of his arms and he appeared to be physically exhausted from the struggle he had just been involved in. We later responded to St. Mary's hospital where we relieved Officers Lance and Rios. Avila was cleared for booking and we transported him to 400 W Broadway where he was booked as charged. Report Officer 6268/REYES,DEDIER Printed At 11/04/2020 07:04 Page 2 of 2 13-50525 Supplement No 0005 LONG BEACH POLICE DEPARTMENT 400 WEST BROADWAY Reported Date 10/27/2013 LONG BEACH, CA 90802 Primary Offense487(D)AUTOPC OfficerRIOS,RODOLFO Phone 562 570-7381 RECORDS Fax 562 570-7080 FAX Administrative Information AgencyLONG BEACH POLICE DEPARTMENT DR No13-50525 Supplement No0005 Reported Date10/27/2013 Reported Time00:25 CAD Call No 132311358 Rpt Typ FOLLOW-UP REPORT Primary Offense GRAND THEFT; MOTOR VEHICLE Location W 11TH ST/DAISY AV City LONG BEACH ZIP Code 90813 Rep Dist 104 Area 01 Beat 06 From Date 08/19/2013 From Time 14:00 To Date 08/19/2013 To Time 15:00 Officer 6254/RIOS,RODOLFO Assignment PATROL/WEST/CFS/W3 2nd Officer REYES,DEDIER AssignmentPATROL/WEST/CFS/W3 Entered by6254 AssignmentPATROL/WEST/CFS/W3 RMS TransferSuccessful Prop Trans StatSuccessful Approving Officer7881 Approval Date10/27/2013 Approval Time01:13:31 Modus Operandi Crime Code(s) STOLEN VEHICLE Narrative On 10/26/13 at 1749 hours, my partner, Officer R. Lance #10015, and I ,Officer R. Rios #6254, were working uniform patrol as Unit 134C. We responded to 12th St and Pine Ave to assist a unit who had requested for a camera. Upon arrival, we were notified the incident that had occurred resulted in a use of force. Call #1361. After photographing Officer A. Sturgeon #10055 and his injuries, I photographed the location where the incident took place and a police vehicle that was damaged by the suspect, later identified as Omar Zarate. Zarate was then transported to St Mary's Hospital were he was treated for his injuries. For further, see photos. While in St Mary's, Officer Benson #6205 and Sgt Lance #6041, arrived to speak to Zarate. I assisted and read Zarate his Miranda Rights in Spanish per PD Form 1000.009 to which he stated "yes" but also stated he did not want to talk regarding the incident. No further questions were asked. I also explained the medical release form to Zarate as requested by Sgt Lance to which Zarate stated he understood but did not want to sign it at this time. He stated he did not feel comfortable signing the form because he felt heavily medicated. I explained to Zarate that the form could be signed at a later time when he feels better. Report Officer 6254/RIOS,RODOLFO Printed At 11/04/2020 07:04 Page 1 of 1 13-50525 Supplement No 0006 LONG BEACH POLICE DEPARTMENT 400 WEST BROADWAY Reported Date 10/28/2013 LONG BEACH, CA 90802 Primary Offense487(D)AUTOPC OfficerLANCE,DARREN J Phone 562 570-7381 RECORDS Fax 562 570-7080 FAX Administrative Information AgencyLONG BEACH POLICE DEPARTMENT DR No13-50525 Supplement No0006 Reported Date10/28/2013 Reported Time21:30 CAD Call No 132311358 Rpt Typ FOLLOW-UP REPORT Primary Offense GRAND THEFT; MOTOR VEHICLE Location W 11TH ST/DAISY AV City LONG BEACH ZIP Code 90813 Rep Dist 104 Area 01 Beat 06 From Date 08/19/2013 From Time 14:00 To Date 08/19/2013 To Time 15:00 Officer 6041/LANCE,DARREN J Assignment PATROL/WEST/CFS/W3 2nd Officer REYES,DEDIER AssignmentPATROL/WEST/CFS/W3 Entered by6041 AssignmentPATROL/WEST/CFS/W3 RMS TransferSuccessful Prop Trans StatSuccessful Approving Officer8282 Approval Date10/28/2013 Approval Time22:20:51 Modus Operandi Crime Code(s) STOLEN VEHICLE Narrative On 10/26/13, I, Sergeant D. Lance #\6041 was working Unit 1S30, when I assisted Unit 1Z12, Officer A. Sturgeon and Officer D. Reyes, with a Use of Force investigation. Call #1361. During my investigation, I was assisted by Officer S. Benson and we attempted to question the defendant. Officer R. Rios read the defendant his Miranda rights in Spanish and advised me he invoked his right to remain silent. I made an audio recording of this attempted interview and placed a copy into evidence. I directed officers to conduct knock and talks for possible witnesses. I directed Officer R. Garcia and Officer S. Benson to take photographs. These photographs were mistakenly placed into DR 13-65725. For further see follow up reports. Report Officer 6041/LANCE,DARREN J Printed At 11/04/2020 07:04 Page 1 of 1 13-50525 Supplement No 0007 LONG BEACH POLICE DEPARTMENT 400 WEST BROADWAY Reported Date 10/29/2013 LONG BEACH, CA 90802 Primary Offense487(D)AUTOPC OfficerLANCE,DARREN J Phone 562 570-7381 RECORDS Fax 562 570-7080 FAX Administrative Information AgencyLONG BEACH POLICE DEPARTMENT DR No13-50525 Supplement No0007 Reported Date10/29/2013 Reported Time12:26 CAD Call No 132311358 Rpt Typ EVIDENCE ONLY Primary Offense GRAND THEFT; MOTOR VEHICLE Location W 11TH ST/DAISY AV City LONG BEACH ZIP Code 90813 Rep Dist 104 Area 01 Beat 06 From Date 08/19/2013 From Time 14:00 To Date 08/19/2013 To Time 15:00 Officer 6041/LANCE,DARREN J Assignment PATROL/WEST/CFS/W3 2nd Officer REYES,DEDIER AssignmentPATROL/WEST/CFS/W3 Entered by8421 AssignmentINVEST/DET/ADULT/EVIDENCE RMS TransferSuccessful Prop Trans StatSuccessful Approving Officer8282 Approval Date10/29/2013 Approval Time15:17:25 Property Prop # 1 Involvement EVIDENCE Invl Date 10/29/2013 In Custody? Yes Security No Tag No 0797533 Item No 1 Serial No NONE Description 1. AUDIO CD Typ A CatRadio, TV, and sound entertainment devices ArticleCompact Disk/Audio Disc, Laser ModelNONE Entered Date10/29/2013 Entered Time12:26 RMS TransferSuccessful Control8421 1029131227 Modus Operandi Crime Code(s)STOLEN VEHICLE Report Officer 6041/LANCE,DARREN J Printed At 11/04/2020 07:04 Page 1 of 1