Misc Docs CIT2013-0211_RedactedCity af Long Beach
Working Together to Serve
Memorandum
Date:
April 9, 2014
To:
Internal Affairs Case #C1T2013-0211
From:
Robert Smith, Commander, Internal Affairs Division
Subject:COMPLAINT DISPOSITION -DEPUTY CHIEF'S WEEKLY MEETING
1.After a preliminary investigation, this complaint was submitted for review and disposition
at the Deputy Chiefs weekly meeting comprised of the following personnel:
Patrol Bureau Deputy Chief __________________Chief of Staff (Office of the COP)e'/'zE -
Investigations Bureau Deputy Chief
Other XT i14-Mi-//11t-c.
Support Bureau Deputy Chief _________________Other /4'V
V-.i-Ei2_
Administration Bureau Chief __________________Other _______________________________
2.The material in this preliminary investigation received the following finding:
a. The complaint of misconduct supports a formal investigation: [Red Book]
Refer for criminal review:Yes ____
No ____
The complaint and related material does not support a formal investigation:
_______UNFOUNDED -the investigation reveals conclusively that the alleged acts did not occur
_______NOT SUSTAINED - there is insufficient evidence to prove or disprove the allegation
_______ EXONERATED - the incident occurred, but the actions taken were justified, lawful, and proper
_______ OTHER - the investigation reveals that the alleged act was not misconduct, service; employee
was a witness only, or other disposition by the Chief of Police
1.Accused: Name, Rank and DID # of Employee(s)
O
Z.
2i?
.4 (7
p.b.iQy^4
2.Allegations:
7l2
c.The complaint involves non-disciplinary matters, which are resolved more
appropriately through other means (i.e.: training, counseling, system and/or
policy review, etc.). [Non-Misconduct - Service - Employee Level]
d.The complaint involves non-disciplinary matters related to service delivery or
policy issues of the Department and not to misconduct of an employee(s).
[Service - Policy Level]
e.The complaint requires further investigation (as indicated below).
Follow-up Actions:
revisedll/15112
Citizen IA No: CIT2013-0211 Received: Nov 11, 2013
DR Number:
Involved citizen:
Miguel A Vargas
Officers involved:
Police Officer Dedier Reyes [6268]
Officer current info:
COP: Cop
Bureau: Patrol Division: West
Snapshot - officer information at time of incident:
Badge/ID no:
COP: Cop
Bureau: Patrol Division: West
Section: Cfs
Detail: W3
Watch: Shift C Afternoons Rank/title: Police Officer
Age: 30 Years of employment: 8 Years with unit:
Off duty: No Off duty employed: No
Allegations:
7.1.2 USE OF FORCE - - Exonerated - Apr 09, 2014
Police Officer Rudy O Garcia [6178]
Officer current info:
COP: Cop
Bureau: Patrol
Division: West
Snapshot - officer information at time of incident:
Badge/ID no:
COP: Cop Bureau: Patrol
Division: West
Section: Cfs Detail: W3
Watch: Shift C Afternoons
Rank/title: Police Officer
Age: 35 Years of employment: 9 Years with unit: Off duty: No Off duty employed: No
Allegations:
7.1.2 USE OF FORCE - - Exonerated - Apr 09, 2014
Summary:
CP is an inmate at Calipatria State Prison inmate # F94177
CP alleges excessive force was used on him by officers. CP states that after running from
pursuing officers he was shot in the back while his hands were up.
CP further alleges, that after being shot in the back, he fell to the ground and was shot two
additional times as he lay facedown on the ground.
Investigator Notes
- Sergeant Gallo was assigned to investigate case #CIT2013-0211.
- The complainant's incident is related to DR#10-70600 and call #1652.
- DR# 10-70600 is related to an officer involved shooting of a man with a gun. Both Officer Reyes
and Garcia were involved in the use of force. The Chief of Police determined the use of force to
be intentional/in policy.
Investigative tasks:
Due dt Done dt Type
Jul 9, 2014 CPCC Review
Assigned To: CLERK TYP UC Alice Terrell
When/where:
Date/time occurred: Oct 16 2010 19:00
Incident Location: Hellman Street Long Beach CA Home Address: Calipatria State Prison PO Box Calipatria CA 92233
County: Los Angeles
Linked files:
IA Docs-Supporting Docs:
Complaint Form (pdf)
Results of Shooting Review Board (pdf)
Rap Vargas (pdf)
LBPD Department Records:
Unit History - Garcia Reyes (pdf) Call 102891652 (pdf)
DR 10-70600 (pdf)
Status/assignment information:
Status: Completed Priority: Prelim
Opened: 11/11/2013 Assigned: Due: 08/08/2014 Completed: 04/09/2014
Disposition: Exonerated
Unit assigned: Internal Affairs
Handled at field/unit level: No
Investigator assign: Sergeant Paul Gallo Supervisor assign: Lieutenant Richard Conant
Source of information: Letter
Organizational component(s):
COP: Cop
Bureau: Patrol Division: West
Section: Cfs
Detail: W3
Watch: Shift C Afternoons
Entered by: Lieutenant Richard Conant on Dec 09, 2013 at 10:21