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HomeMy WebLinkAboutMINUTES - 11141995 - C22 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA November 14, 1995 BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4• Please note the "WARNING" below. Claimant: Brittany Thompson, a minor, by Carolyn Thompson Attorney: William C. Johnson, Esq.- OCT 1 3 1995 Address: 1901 Harrison �Jt. , Ste. 1650 COUNTY COUNSEL MARTINEZ CALIF. Oakland, CA 94612 Amount: Unknown By delivery to Clerk on _October 11 . 1995 Date Received: October 11, 1995 By mail, postmarked on -October 10. 1995 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: October 13, 1995 PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel T0: Clerk of the Board of Supervisors (t/1 The Board should grant this Application to File Late Claim (Section 911.6). ( ) The Board should deny this Application to File Late Claim (Section 911.6). DATED: !0 -s? -4 S VICTOR WESTMAN, County Counsel, By i���Deputy III. BOARD ORDER By unanimous vote of Supervisors present / (Check one only) (✓ ) This Application is granted (Section 91.1.6). ( ) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: f4, /9gS'PHIL BATCHELOR, Clerk, BY Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in oonnection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Boar TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the , Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: I5_1995 PHIL BATCHELOR, Clerk, Bye Deputy V. FROM: 1 County Counsel 2 County Administrator TOs Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM WILLIAM C. JOHNSON, ESQ. (# 85224) 1 BENNETT, JOHNSON & GALLER ���E�VG® ATPORNEY3 AT LAW r :; G 2 1901 HARRISON STREET 16TH FLOOR OAKLAND,CALIFORNIA 94612 OCT I 11995 3 (510)444-8020 FAX(810) 838-4260 4 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. 5 ATTORNEYS FOR APP l i r an t 6 7 8 BRITTANY THOMPSON, a minor, by 9 and through her Guardian ad APPLICATION FOR LEAVE Litem, CAROLYN THOMPSON, TO PRESENT LATE CLAIM 10 ON BEHALF OF BRITTANY THOMPSON, A MINOR, 11 Applicant, BY AND THROUGH HER GUARDIAN AD LITEM, 12 vs. CAROLYN "THOMPSON [Government Code § 911.41 13 COUNTY OF CONTRA COSTA, 14 Respondent. 15 / 16 TO: COUNTY OF CONTRA COSTA, Clerk of the Board of Supervisors, 651 Pine Street, Room 106, Martinez, 17 California 94553 18 1 . Application is hereby made, pursuant to Government 19 Code § 911 .4 , for leave to present a late claim based on a . 20 cause of action for medical malpractice which occurred on or 21 about October 16 , 1994 , for which a claim was not presented 22 within the six-month period provided by 911 . 2 of the 23 Government Code. For additional circumstances relating to the 24 cause of action, reference is madeto the proposed claim 25 attached to this application. 26 1 i f 2 . On or about October 16, 1995, BRITTANY THOMPSON, a 1 minor, was born at Merrithew Memorial Hospital . At or during 2 her delivery, she sustained a severe and permanent injury to 3 her arm and shoulder. Applicant is informed and believes that 4 her injuries were caused as a result of the medical negligence 5 of the County of Contra Costa, its agents. and employees . 6 3 . The reason that no claim was presented during the 7 period of time provided by 911 .2 of the Government Code is 8 that -the claimant was a minor during all the six-month period 9 specified by Section 911 . 2 for presentation of the claim. 10 4 . This application is being presented within a 11 reasonable time after the accrual of this cause of action, as 12 more particularly shown by the declaration of William C. 13 Johnson. 14 WHEREFORE, it is respectfully requested that this 15 application be granted and that the attached proposed claim be 16 received and acted on in accordance with Section 912 .4 through 17 913 of the Government Code . 18 DATED: October 9, 1995 BE JOHN & GALLER 19 20 By: 7esent SON 21 Jr 22 NOTE: Address to which notices are t is: 23 William C. Johnson, Esq. BENNETT, JOHNSON & GALLER 24 1901 Harrison Street, Suite 1650 Oakland, California 25 26 2 WILLIAM C. JOHNSON, ESQ. (# 85224) 1 BENNETT,JOHNSON & (CALLER ATTOPNEYS AT LAW 2 1901 HARRISON STREET 16TH FLOOR OAKLAND,CALIFORNIA 94612 3 (610)444-6020 FAX(810)838-4260 4 5 ATTORNEYS FOR App l i c an t 6 7 8 BRITTANY THOMPSON, a minor, by 9 and through her Guardian ad DECLARATION OF WILLIAM Litem, CAROLYN THOMPSON, C. JOHNSON IN SUPPORT 10 OF APPLICATION FOR LEAVE TO PRESENT LATE CLAIM 11 Applicant, 12 VS. 13 COUNTY OF CONTRA COSTA, 14 Respondent. 15 / 16 I, WILLIAM C. JOHNSON, declare as follows : 17 1 . I am an attorney at law duly licensed to practice in 18 all the courts of this state and am the attorneyof record for 19 Applicant, . BRITTANY THOMPSON, a minor. 20 2 . Applicant has a cause of action against Respondent, 21 COUNTY OF CONTRA COSTA, for medical malpractice in connection 22 with injuries which occurred at her birth at Merrithew 23 Memorial Hospital on October 16, 1995 . 24 25 26 1 3 . Claimant, BRITTANY THOMPSON, was a minor during the 1 entire six-month claims presentation period. She is currently 2 eleven (11) months of age, having been born on October 16, 3 1994 . 4 4 . The Application for Leave to Present Late Claim was 5 presented within a reasonable time after said minor' s claim 6 arose, and within one (1) year from the accrual of said 7 minor' s cause of action. 8 I declare under penalty of perjury, under the laws of the 9 State of California, that the foregoing is true and correct as 10 to the best of my knowledge, except as to those matters stated 11 on information and belief, and as to those matters I declare 12 them to be true . Executed thi 9 day October, 1995 . 13 14 15 L C. J HNSON 16 17 18 19 20 21 22 23 24 25 26 2 iY�*y M NO3r-A N ol N O TA0 CA w m mqA o° p o 0 0 o Nr' W CLAIM C , BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ATovember 14 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $100,000.00 Section 913 anJft19r— e7?e%JPll "Warnings". CLAIMANT: pepper A. Black OCT 1 6 1995 ATTORNEY: James T. Proctor COUNTY COUNSEL 1430 Lincoln Ave. Date received MARTINEZ CALIF, ADDRESS: San Rafael, CA 94901 BY DELIVERY TO CLERK ON October 16, 1995 BY MAIL POSTMARKED: October 13, 1995 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, pH BATCHELOR, DATED: October 16, 1995 BUIL DepuLyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors t" ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: l 0 — ! 7 — S s BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the'Board's Order entered in its minutes for this date. Dated: 4 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:�J,j,, da ,, 1,.5 `995 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator >1 41 00 4-) 0 La 0 rn IA 01% �4 0 0 rurV En ou 0) > -P �4 a) 0 r-q 0 134 U W 4-4 PQ 0 44 0 U) 0 rd 0 -P LO p w (o Ln 14 lzr it �4 (1) 049 4 4 M 44 44 C 0 0 r. Q) >I- i r. M rd 4-3 P4 -r4 N0 M�4 �40 r. T-1 �4 4-) r-i 0 0 Ln (0 U PQ U kD .j WA we c U ro 00) � u E -jm James T. Proctor LCUEERRIKe ECEIVED Attorney at Law 1430 Lincoln Avenue San Rafael, CA 94901 CT 16 10 Tel: (415) 485-0891 Facsimile (415) 485-5568 SORS OONATR A COSTA Co. . October 13 , 1995 Clerk of the Board of Supervisors Board of Supervisors of Contra Costa County County Administration Building, Room 106 651 Pine Street Martinez, CA 94553 Re: Claim of Ms. Pepper Black re Injuries Suffered on 4/24/95 at 6102 Park Avenue Richmond, CA--County Maintained Road. Dear Clerk of the Board of Supervisors: Enclosed please find a claim being submitted by Ms. Pepper Black re the above. I am in the process of Ms. Black's medical records and will be willing to provide copies of said should the Board of Supervisors accept this claim. Should the Board deny this claim, suit will be filed and said records will be made available pursuant to a formal discovery request. Should there be any questions concerning the above, please contact my offices. Yours tr y�Jam e T. rtor JTP/dj cc: Ms. Black ' t Claim -to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 19879 must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 9+553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp MS. PEPPER A. BLACK ) RECEIVED Against the County of Contra Costa ) OCT 1 6 1995 or ) District) �pKCB�OMARRA CESTA ERV ISORS Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 1 n n _ n n n _ n n and in support of this claim represents as follows: ------------------- When did the damage or injury occur? (Give exact date and hour) 4/24/95 approximately 9 :30 pm 2. Where did the damage or injury occur? (Include city and county) 6102 Park Avenue, Richmond, CA (Contra Costa County) ; county.'maintained --------------------------------------------------------------------xoZLd------------ 3. How did the damage or injury occur? (Give full details; use extra paper if required)Ms. Black was rinding her bicycle home after dark and fell into a large hole in the pavement ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? failure to properly-maintain roadway in safe condition; failure to place any warning devices to indicate danageous condition (over) 5. What are the names of county or district officers, servants or employees causing' the damage or injury? unknown 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. ,Attach two estimates for auto damage-facial lacerations, concussion, abraisons, contusions, neck & back pain, two broken teeth, facial scars, right hand injury, trauma 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) pain S suffering, emotional distress, medical expenses, loss of enjoyment of life 8. Names and addresses of witnesses, doctors and hospitals. see attached ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT see attached._-, : _19 Gov.* Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES:TO:.:_: (Attor e ) or by some person on his behalf." Name and Addres§W— Attortey JAMES T. PROCTOR (415) 485 PEPPER A. BLACK BY r LAW OFFICES OF JAMES 0891 7( aiman ignature T. PROCTOR DAME C OR her attorne %3/9S 1430 Lincoln Ave. Address San Rafael, CA 94901 o GCCD c'V Fq Telephone No. (415) 485-0891 I Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. 6. at damage or injuries do you claim resulted? (Give full extent of injuries or es ctlaiped. Attach .two estimates for auto damage. 7. H w wan the amount olaimed above. computed? ('Include tha estimated amount of ny P spective injury or damage.) , B. Nazms and addresses of witnesses, doctors and hospitals. .^t 9. List the expenditures you made on account ofjthis aooident,.ler' injury: DATE I7EM, AMOUNT f A � � iaea � e * aeee * .a . (� ye * * � itRe • e0000a00 0 • r► Gov. Gude $cc. 910.2 provides: "The claim must be signed by the olaimant SW MCES T0: (Attorney) or krvwe Porwn on hSs behalf," Name kW Address of JLttorney 67 Claimant I s Sig,nat ure A ss 1 Tdla No. Telephone'No. x 1 � : +r V Ve w NOTICErj= :r Secti 72 of the Penal Coda providest Leery perean who, With int4nt to defraud, presents for allowance or for pat to any state board or officer, or to any county, city or district board offyrme ic , authorized to allow or pay the saw if genuine, any raise or fmudulent Claim, bill, account, voucher, or writing, is pOishable either by imprisonment the county jail for a period of not more than one year, by a .fine of not exceeds one t eusand ($11000), or by both such imprisonment and fine, :or by imprisonment n the s to prison, by a fine of not exoeeding ten! thousand do]lars ;($10,0009 or both sudh iVrxibrsment and fine. i l ATTACHMENT TO CLAIM OF PEPPER A. BLACK S. Names and Addresses of Witnesses, Doctors & Hospitals. A. Doctors & Health Care Providers: Brookside Hospital (Emergency Hospital) 2000 Vale Road 4/26/95 unknown San Pablo, CA 94806 (510) 235-7000 American Medical Response (Ambulance) P. O. Box 7780 4/24/95 573 . 32 Freemont, Ca 94537-7780 (510) 657-999 Bay Imaging Consultants 5/22/95 103 . 00 P. O. Box 7780 San Leandro, Ca 94577 (510) 614-2630 University of California unknown Optometry Clinic School of Optometry Berkeley, CA Longs Drug Store 4/26/95 5. 00 (co-pay) 670. E1 Cerrito Plaza 4/26/95 5. 00 (co-pay) El Cerrito, CA 94530 524-5895 Longs Drug Store 6/6/95 5. 00 (co-pay) 2999 Regent Street Berkeley, CA 94705 841-8076 Dr. James Forbes (Dentist) 4/24/95 320. 00 1653 Solano Avenue to Albany, CA 94706 5/3/95 (510) 524-3984 Dr. Harold McDonald (Plastic Surgeon) unknown 2999 Regents Street Berkeley, CA (510) 843-1515 Ms. Luna Calderon (Counselor) unknown Care Services University of California at Berkeley Berkeley, CA Dr. Rothman Dr. Jonathan Rest unknown Alta Bates Medical Associates 2850 Telegraph Avenue, Suite 110 Berkeley, CA (510) 883-9983 B. Witnesses• Pepper A. Black, claimant Mr. & Mrs. Guiles 6102 Park Avenue Richmond, CA C. Additional Information: Ms. Back has suffered two broken front teeth which she may lose; additional trauma to other teeth may result in loss of additional teeth. Ms. Black also has facial scars which her plastic surgeon has recommended need a full year to heal prior to undergoing plastic surgery. Ms. Black has been advised by Mrs. Guiles that the hole in the pavement has been a recurring problem which the County of Contra Costa periodically fills up. CLAIM Q oZ�` BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA November 14, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action, All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. la )� ngs", CLAIMANT: Xiomara Elizabeth Cano, a minor OCT 1 6 1P.a9 ATTORNEY: Paul Grossman COUNTY COUNSEL. 9777 Wilshire Blvd. , Ste. 1004 Date received MARTINEZ CALIF ADDRESS: Beverly Hills, CA 90212 BY DELIVERY TO CLERK ON October 16, 1995 BY MAIL POSTMARKED: October 12, 1995 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 16, 1995 IaIl DeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( 11"This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: D —17 "c7� BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: //- / - 15 9S PHIL BATCHELOR, Clerk, B Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: // _ /q g r BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator P. GROSSMAN A PROFESSIONAL LAW CORPORATION 9777 WILSHIRE BOULEVARD 150 EXECUTIVE PARK BLVD. SUITE 1004 SUITE 2500 BEVERLY HILLS,CALIFORNIA 90212 SAN FRANCISCO,CALIFORNIA 94134 (310)281-2525 (415)468-4150 FAX(3 10)281-66416 FAX(415)468-8531 Mail correspondence to Beverly Hills Office . RillECEIVED 11111,11 October 11, 1995 --- � 16 County of Contra Costa CLERK Bv^"DQsUPERViSORS, Supervisors I CONTRA costa co. 651 Pine Street, Room 106 Martinez, Ca 94553 CLAIM AGAINST A PUBLIC ENTITY In the matter of the Claim of, XIOMARA ELIZABETH CANO, a minor. V. THE COUNTY OF CONTRA COSTA. The undersigned hereby makes a claim against THE COUNTY OF CONTRA COSTA on behalf of XIOMARA ELIZABETH CANO in an amount according to proof within the jurisdiction of the Superior Court of the for the physical injuries, and emotional distress and property damage sustained as a result of the negligence of the COUNTY OF CONTRA COSTA, and servants, its agents employees and servants and representatives. P. Grossman A Professional Law Corporation hereby presents this claim to the COUNTY OF CONTRA COSTA, pursuant to Section 910 of the California Government Code on behalf of Claimant XIOMARA ELIZABETH CANO. 1. The Claimant, XIOMARA ELIZABETH CANO,resides at 1531 Ellis St., #1, Concord, California, 94520. 2. P. Grossman a Professional Law Corporation, 9777 Wilshire Boulevard, Suite 1004, Beverly Hills, California 90212 (310) 281-2525, desires notice of this claim to be sent to us. 3. On September 17,1995, at approximately,3:30 p.m. claimant, an (8) eight year old girl was an invited guest of "Hispanic Kids Festival International." 11 , 11 Claim Against A Public Entity COUNTY OF CONTRA COSTA October 11, 1995 Page two Claimant was a patron at the 3 Bar B Pony Rides, which was operating with the express permission of the COUNTY OF CONTRA COSTA. Claimant, the eight (8) year old girl, was negligently and carelessly put upon a pony. The operator of the ride, negligently failed to properly secure the young child upon the pony. The child was thrown off the pony and stepped on by the pony, and she sustained injuries to her person. 4. Claimant sustained the following injuries: Internal bleeding, neck stiffness, abdominal and lower back pain and other physical injuries and emotional distress. But for the negligent management, control and supervision, operation, and maintenance of the COUNTY OF CONTRA COSTA, and its agents, employees, servants and representatives, 3 Bar B Pony Rides, claimant would not have been injured. 5. As a direct and proximate result of the negligent, management, control and supervision, operation, and maintenance of the COUNTY OF CONTRA COSTA, and its agents, employees, servants and representatives, 3 Bar B Pony Rides, claimant was injured both physically and emotionally. Such negligent, careless and reckless conduct by the COUNTY OF CONTRA COSTA and its agents, employees, servants and representatives, is the proximate cause of the injuries to the claimant herein and are liable to claimant therefore. 6. So far, as it is known to counsel for Claimant, at the date of the filing of this claim, Claimant is incurring damages in an undetermined amount, because she is currently treating with physicians and other medical practitioners for physical injuries and the emotional distress. Claimant has incurred medical expenses. Said amounts to be determined and presented at the appropriate time of this proceeding. Pain, suffering and emotional distress are constant and continuing and a claim in an amount according to proof within the jurisdiction of the Superior Court is being made therefore. P. GROS AN A PROF L By / PatAG ross n Attorne fo Claimant PG/JL/ps 959178.clm r' r- t 4 e<=? 1 a tor:'r`J•no7�:;1 W 'rte ' P s t` 1.- t rn \ tr 166 t N � r tQ c„r tv N Q N �t t r r a a d CLAIM . BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ,November 19, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please WD=M5W1R1D CLAIMANT: Steve and Diane Cornwell, individually and on behalf of OCT 4 4 1995 Nathan David Cornwell, a minor ATTORNEY: J. Niley Dorit COUNTY COUNSEL 44 Montgomery St. , 34th Floor Date received MARTINEZ CALIF. ADDRESS: San Francisco, CA BY DELIVERY TO CLERK ON October 17, 1995 BY MAIL POSTMARKED: October 16, 1995 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 19, 1995 ggIL gep�tyLOR, Clerk GAOL II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( '�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: it) - 10( — 6�5 BY: �, Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Gated: HIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator J NILEY DORIT ATTORNEY AT LAW TELEPHONE 44 MONTGOMERY STREET (415)956-2757 SUITE 3400 SAN FRANCISCO,CA 94104 October 16, 1995 CLAIM AGAINST THE COUNTY OF CONTRA COSTA AND MERRITHEW MEMORIAL HOSPITAL This Claim is made on behalf of STEVE CORNWELL and DIANE CORNWELL, individually and on behalf of NATHAN DAVID CORNWELL, a minor, against the COUNTY OF CONTRA COSTA AND MERRITHEW MEMORIAL HOSPITAL. To: BOARD OF SUPERVISORS ..+�.-..• COUNTY OF CONTRA COSTA RWEIVED 651 Pine Street, Rm. 106 Martinez, CA 94553 f� HOSPITAL ADMINISTRATOR CLERK BOARD OF SUPERVISORS MERRITHEW MEMORIAL HOSPITAL CONTRA COSTA CO. , 2500 Alhambra Avenue Martinez, CA 94553 The following Claim for damages is hereby made on behalf of STEVE CORNWELL, DIANE CORNWELL, individually and on behalf of NATHAN DAVID CORNWELL, a minor, and the particulars of the claim are as follows: 1. Names and address of Claimants: Steve Cornwell Diane Cornwell Nathan David Cornwell, a minor 130 Fig Tree Lane, #13 Martinez, CA 94553 2 . Address to Which Notices are to be Sent: LAW OFFICES OF J NILEY DORIT 44 Montgomery Street, 34th Floor San Francisco, CA 94104 3 . Amount of Claim: Over $10,000; the court of proper jurisdiction is the Superior Court of the State of California. 4 . Date and Place of Occurrence: On or about May 23 , 1995, Merrithew Memorial Hospital, 2500 Alhambra Avenue, Martinez , California. 5. Other Circumstances: On or about May 23 , 1995, DIANE CORNWELL went to Merrithew Memorial Hospital for the purpose of labor and delivery of her son, NATHAN DAVID CORNWELL. Claimants are informed and believe and on that basis allege that at said times and place, DIANE CORNWELL and NATHAN DAVID CORNWELL were so negligently cared for, supervised, monitored, attended, and managed that NATHAN DAVID CORNWELL was caused to suffer extensive injury, including but not limited to severe brain damage. Furthermore, as a result of witnessing and observing the negligent conduct which occurred on or about May 23 , 1995 and thereafter, DIANE and STEVE CORNWELL suffered great emotional and mental distress at the injuries/damages to NATHAN CORNWELL and at the injuries/damages to DIANE CORNWELL.. In addition, the entities against whom this claim is made negligently cared for, supervised, monitored, discharged, attended, and managed the care of DIANE CORNWELL so as to cause injury and damage to the uterus and reproductive system of DIANE CORNWELL. Furthermore, claimants were not properly informed of the medical procedure and informed consent to the medical care was not obtained. 6. Itemization of Injuries, Extent of Damage and Basis of Computation: As a direct and proximate result of the aforementioned acts, conduct and omissions of the entities against whom this claim is filed, NATHAN DAVID CORNWELL was caused to suffer permanent- and irreversible brain damage. Furthermore, DIANE and STEVE CORNWELL have suffered great emotional distress as a result of witnessing the negligent conduct and its effects. DIANE CORNWELL is also informed and believes that she has suffered physical injury, including but not limited to her uterus and reproductive system and has also suffered from a retained foreign object in her body. 7. Employees Causing Injury and Damages: Employees and agents of the entity against whom this claim is filed who are responsible for the occurrences identified herein are presently unknown. LAW OFF CE OF J NILEY DORIT i J NILEYGRIT Attorney or Claimants PROOF OF SERVICE BY MAIL (CCP 1013a, 2015.5) I am a citizen of the United States, over the age of 18 years and not a party to the within action. This business address is 44 Montgomery Street, Suite 3400, San Francisco, CA 94104. On the date set forth below, I served the documents identified below by placing a true copy thereof, enclosed in a sealed envelopes marked certified/return receipt with appropriate certified and regular postage thereon fully prepaid, in the United States mail , addressed as follows, by placing the envelope for collection and mailing following our ordinary business practice which is to deposit the mail in the ordinary course of business with the U.S. Postal Service on the same day. Document: Claim Against the County of Contra Costa and Merrithew Memorial Hospital BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 651 Pine Street, Rm. 106 Martinez , CA 94553 HOSPITAL ADMINISTRATOR MERRITHEW MEMORIAL HOSPITAL 2500 Alhambra Avenue Martinez, CA 94553 I declare .under penalty of perjury that the foregoing is true and correct. DATED: /Drf, //W��-11 - �j I`1 KATHY CAL N 1 '� to r i �Q 94/ H 'rrn • .0 W� N V go U N fi NNN O � N OO � U o e' fi a _--f CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA November 14, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $ 10,000.00 + Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Jenelle Dareheart I&M=1Z1117EEM) ATTORNEY: Douglas A. Prutton, Esq. OCT 1 6 1996 405 - 14th St. , Ste. 900 Date received COUNTY COUNSEL ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK 0�13TINM4=4US.r 16, 1 AA5 BY MAIL POSTMARKED: OctohPr 13, 1 c395 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR. Clerk DATED: October 16, 1995 81': Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 10 —j7 -c1 s- BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: II-1 4 - /17 9 5' PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: /i_ iS - /9 9s" BY: PHIL BATCHELOR by AAI ` Deputy Clerk CC: County Counsel County Administrator o� -,i Z ::D o U) m '-i 4-4 Z X o O00ri O KC Ln G E-4 H rn ai G� W w W tU Z tz �C o � H H U - Ui Q 4-I Fl !C!.•.tr db N U U Z 5' d Z? F ol CTE cc v C _0 C tA O O 0 V CC) • i O O 00 � v G U. o o c in H v � � ti s 1 Eil o i LAW OFFICES OF DOUGLAS A. PRUTTON Financial Center Building 405 - 14th Street, Suite 900 • Oakland, CA 94612 Tel. (510) 272-9203 • FAX (510) 272-9115 RECEIVED 13 October 1995 WT 16 Clerk of the Board of Supervisors COUNTY ADMINISTRATION BUILDING xr.ON1gq���PERVISORS 651 Pine Street, Room 106 Martinez, CA 94553 Dear Sir or Madam: Enclosed please find an original and one copy of a claim filed on behalf of Jenelle Dareheart . Please return an endorsed- filed copy of this claim to my office in the enclosed self- addressed stamped envelope . Respectfully yours, Dou s A. Prutton DAP : to Enclosures cc : client Clair. to: BOARD OF SUPERVISORS OF CONTRA COSTA OOUNTX " INSTRUCTIONS TO CLAIMANT 1+. Clai-ss relating to causes of action for death or for injury to person or to per- sonal property or growing crops and Which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for.death or for injury to person or to personal property or growing crops and which accrue on or after January .l, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this r fo * 1F lFv�FylF RE: Claim By ) Reserved for Clerk's filing stamp Jenelle Dareheart ) RECEIVE® Against the County of Contra Costa ) OCT 16 09 or ) District) CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: Court with jur s iction: Contra Costa Couty Superior:_Court 1. When did the damage or injury occur? -(Give exact date and hour) 6 September 1995 at about 2 ; 00 P.M. 2. Where did the damage or injury occur? (Include city and county) 25 North Lane , Orinda , Contra Costa County , California 3. How did the damage or injury occur? (Give Hill details; use extra paper if required) Windowpane broke as claimant was closing window. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Failure to make reasonable inspections of the premises , failure to correct and remedy the dangerous window, failure to warn claimant regarding the dangerous window, and instructing the claimant to secure all windows on the premises . D. what are the no-roes of county or district officers, servants or employees causing the da:-.soe orinjury"? The identities 'of those responsible for inspecting ..the premises , fixing the window, and warning claimant are unknown to us at present . Christine Beardsley instructed claimant to secure the windows . ----------------------------------------�_.... �- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Severe hand laceration. Damage to credit record if health care bills not maid ( claimant is financially >>nab" tQ �Iu th� hi i 1--4 -- 7. How was the amountclaimedabove computed? (Include the estimated amount of any prospective injury or damage.) Given the severity of the injury, the damages involved exceed the jurisdictional minimum of the Superior Court . --- ------ $. Names and addresses of witnesses, doctors and hospitals. The claimant was taken by ambulance to John Muir Medical Center where her hand was surgically repaired by Bobby G. Aycock , M.D. . Physical therapy will be provided at John Muir Rehabilitation Center. ---_—_—__---___-_���... .�------- 9. List the expenditures you made on account of this accident or injury% DATE ITEM AMOM The claimant ' s medical expenses to date total at least $3 , 006 . 57 . Copies of the health care bills are attached. Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some-person on his behalf." Name and Address of Attorney Douglas A. Prutton , Esq. laimant'S Signature State Bar No. 118300 LAW OFFICE OF DOUGLAS A. PRUTTOP 14432 Wiley Street 405 - 14th Street , Suite 900 Address, Oakland, CA 946.12 San Leandro, CA 94579 Telephone No. ( 51.0 ) 272-9203 Telephone No. ( 510 ) 351-5094 e NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by impris0 _nt in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. I yy N m $ m n m J (1 D -r C Z O m v Z m r1 St 0* µ Z Z m oI co t r} ff (t� r• 1 .}� H z.i. M M (r17 U3 p r,✓ 1►. rh f fjj` Cos.D r� d� nl m11o u fd v v N m N �,,,�, ....�: GLZ-) o i m Dry mOXOD r,ir�r �► � v �A _� •tt�OU N m .._. ft Ln C � ,: �.•••rzq D it i t- T, "I D r=rn, _xCD 0 .. 00 T t frim x: aw <-n Z r Twppr.� ml,m(n I" O m IC08m �?• !!?;L a 3 > N m r o ` � u O r , z .r m ME OD D m m p +: Nm I'I r-A';1: 111:1,111 rI lr III I'A,'MENT TO: 1(.)i 11 l k1l rll 1 r11 i Il('.Al-I_'•u-6I Fn I(arl Y(;t MCI()VAI IJ-Y ROAD 95249-00350 PATIFNTNAME JFNFLLE DAREHFART STATEMENT DAT E CI q/12/9 5 ADMISSION DATE p 9/0. /o S 0 v/O.S/9-S DISCI IAnGF DATF INTERIM FROM p o/p 6/9 5 109/06105 IrrrFnlM it inouri I I" CI InnGF -� TO MY: I IVF-,A I I MAS I-Ff1CAnD I-j AM. EXP. JFNFLLE DARFHEART 14432 WILFY STREET Ar,(-,T. NO. SAN LFANDRO CA 04579 Fxr'InAIION r)AIF SIrNAT I II1F AMOUNT PAID $ PLEASE DETACH AND RETURN THIS PORTION WITH YOUR REMITTANCE rnllr_III IIAME JENELLE DAREHFART PATIENTACCOUNT NO• 95249-00350 PAGE001 mmm .. SERVICE DESCRIPTION • ** 25111 PHAPMACY 09/0 + 1994 DIP-TET TOXOID (ADULT) P0.5 ML 1 2R. 2R 28. 28 09/05 3925 PROMETHAZINE 2SM9/1MLr1 ML , 1 26.42 26.42 5 CEFAZOLIN 1GM/5ML.5 ML 1 29. 20 29. 20 .> 06 776 MOPPHINF SMG/ML,1 ML r:.:; 4 ;;: 1 26.55 26. 55 TOTAL PHARMACY ;,,:, 110. 45 110. 45 ** 259 IV SOLUTIONS 09/06 10004 DEXTROSE 5y 5X. 50 ML F'' � "` 29.60 29. 60 00/71 2517 >IV SOLUTION ANC/AQFA, 1 94.00 94. 00 TOTAL IV SOLUTIONS 123.60 123. 60 +* 302 LAQ/IMMUNOLOGY Oq/06 13000 HCr•„ gI.IALIT.4TTVF SERUM 1 119.75 1110.75 TOTAL LAP/IMMUNOLOtY 119. 75 119.75 ** 3?0 DX X-PAY 09/9S 1073 HAMD COMPLETE XRAY IP 1 217.00 217.00 TOTAL DY X-RAY 217.00 217.00 TOTAL CHARGFS 570. 80 TOTAL PAYMENTS/ADJUST ENTS 0.00 THIS 1000ll T TS DUF AND PAYABLE UPON RECEIP . FOR YOIIR CONVENIF_NCE W ACCT^ T MAS FR CARD, VISA. 4MFRTCAN EXPRESS NO DISCOVER C4RP. IF YOU ELECT THIS MFT40D OF PAYMENT#, PLFASE CALL OI. R PATIENT ACCOUNTING OFFI F nETW =..N TW HOUIS OF P30 AM AND 400 PM MONDY THROUGH FRIDAY. IF MAIL NG PAYMENT. PLEASE NOTE. PATIFNT ACCOUNT NUMBER I ON YOUR CHECK. T401K YOU IALANCE DUE ** DIAGMnSIS CODE: 892.2 .I r', I t"',r'I r"I rill L':i Ofl(.1 MAIN 110Sr'I IAI-8ASFI) F'LFACE nF IAIN PHIS DF_TAIL STATEMENT A391.s1111GEON. JOHN MUIR MEDICAL CENTER 1-011 YOUrl RI COr1DS.ALL SUSSF..OUENT ;P;1.1101)11.l.�)(,ISI.FIr.MAY BILI,V�ll_I 1601 YGNACIO VALLEY ROAD SIAIFMFNIS WILT.IIFTL.FrT FIAT-ANTE r r ';•i r I r r ,I I(II I r:r Ilncrs WALNUT CREEK,CA 94598-3194 T011WAr1D ONLY TOR RILL ING IN01-ji 1F-S PI.FAST?CALL(S1(1)947-3338 2�sr Iran I V A-J- III fjlI I Y()IJ11 I'AYMEN I TO: PATIENT ACCOUNT NUMULIl I'_`I It I;A L I I It fAr 1)1(,:A L CIEN I ER IC,01 vrVIAUIO VAI.I-FY ROAD 05249-00350 VIA.IjIllf A 94 599 3191 ............ PATIENT NAME JFNFLLF DA0F4FAPT STATEMENT DATE n 9 ()b/9 5 ADMISSION DATE 09 0 6 19 5, 0.9 ff)619 5 DIqCI lAnow DATE INTERIM FROM r)9 INTERIM i I inOUGH CHARGE TO MY: VISA -1 MASTERCARD AM. EXP. JcI`IFLLIt! DAREHFART 14&.12 WILcy STRFFT ACC-1. NO. S41`! LFAMDRO CA 94579 FXPInATION DATE SIONAninp AMOUNT PAID g. PLEASE DETACH AND RETURN THIS PORTION WITH YOUR REMITTANCE I'Al It I I I I JAME FATIENTACCOUNTNO. 95249-00350 PAGM Y.. SERVICE DESCRIPTION HOSPITAL CHARGE PHYSICIAN CHARGE I TOTAL cIiAnGE PPFVIOUSLY RILLIED CHARGE AMOUNT 570. Fk0 1391 ORO FFF/FP 8 5.00 031/06 113j -FVFL 4p, EMERGENCY 1133 -FljFL 4.- FlfER(3'FNCY 1 185 .00 185. 00 TOTAL PRO FFF/EP 370.00 370. 00 TOTAL CHARGES 940. 90 TOTAL PAYmFNTS/ADjllSTM -:NTS 0. 00 TT41S ACCOUNT IS DUE AND P4YA9LE UPON QI!!CSTIPT , FIR YOUR CON /ENIFNCF WF ACCE�T MAST70 CARD, VISA, AMERICAN EXPq!!SS A40 D 'SCOVER CAR ). IF YOU FLFC THIS 1117T140D OF cAYMFNT#, PLEASO CALL OU . PA 'TENT ACCnU4TING OFFICE. PrTW"cN TPF HOURS OF Al"I AM AND 4110 PM MONDA ( TH OUGH FRIDAr . IF "AILING PAYTIFNTo, PLFARE NOTE PATIFINT ACCOUNT NUMBER IVY )UR CHECK. THANK YOU. IRALANC17 DUE 940. 80 DIAGNOSIS CODF: 882.2 --------- !'!I I.';I fl I(it 111 P IN 1191.11 TAL BASm III-r--ArEUFllF IAIN I I IIS DETAIL S IAT EIVIENT -1 fit 111(lit f I-0101FON. JOHN MUIR MEDICAL CENTER YOR nIPCORDS.ALLSIMSFOUIENT 1601 YGNACIO VALLEY ROAD S IAI EMEN I S VVII-L nFFLFCT BALANCE IIVIGF.^ WALNUT CREEK,CA 94598-3194 ronVVAnD ONI.Y. I Inipil rOR BILLING INOMIRIFF;PI-FA9F rAI-I-(5110)947-1116 I'I 1 �. ?r_ I+Cr,+11 Yl)!1fT I'AYFIENT TO: � ( 1'..fl Ir I ralllrl 101 I W AL.GEN rFn Ir.(+I fIvIA(:t(.)VALI-r Y ROAD VIP I 11111 1.:11L1 1'. CA n1R(+R ..119.1 --------------'-- (r PATIENT NAME JENEILE DAPEHEAPT STATEMENT DATE 0 9/C 6/9 5 ADMISSION DATE_ C 9/C 6/9 5 109/06/95 DISCI IAnGF PAT F INTERIM FROM C 9/C 6/9 5 0 9/C F/9 5 INTERIM THROUGH Ir+ CI IARGF. I ( 10 MY: I I VI^A I I MASIFnCARD ( (AM. EXP. JENELLE DAREHEAPT 14432 WILF. Y STREET ACC T. NO. SAN LEANDRO CA 94579 FxrinATl(-)rIPAIF SIG-JAI I InF _. — J AMOUNT PAID $ PLEASE DETACH AND RETURN THIS PORTION WITH YOUR REMITTANCE 1,,f.,LJENELLE DP EHE APT FATIENIAGGOUNI NO. 95249 0 C 3 5 C PAG®C1 .. SERVICE DESCRIPTION 6TY. HOSPITAL CHARGE PHYSICIAN CHARGE TOTAL 09/06 PREVIOUSLY BILLED CHAP 4E A P OUNT -54C.FC * * 272 SIEPILE SUPPLY Ga/06 80155 RAY PLASTIC (FRERGE.NCY RM) t. x1 169.50 169. 5c TCTAL STERILE SUPFLY:=- 169. 50 169. C * * 450 EFEFG ROOM C9/06 3004 MEPGENCI SERVICFS 004 < 1 214.25 214.25 C9/C6 50 A7 LOOD PRESSURE MCNITOR 1 39 .25 39. 25 TCTAL EMEPG RCOM 253.5117 251.!C TCTAL CNARGFS 1,?6!. AC TCTAL PAYMENTS/ADJUSTM NTS C.CC THIS ACCOUN IS DUE A1k0 PAYABLE UPON RECEIPT '`"'f P VCUR CCN ENIENCE WE ACCEOT MAST :P CARD, VISA, AMERICAN EXPRESS A 0 0 SCCVER CAR . IF YCU ELEC THIS IFIHOD, CF FAYMENT, PLEASE CALL CU IFP IEF'T ACCOU TINE OFFICE BETW FN TNF HCURS OF e30 AM AND 400 PM PONDAlf TN CUGH FRIDA . IF MAILING PAYM NT, °L ASE NOTE PATIENT ACCOUNT NUFPFR R Y UR CHECK. THANK VCL1 , P..ALANCE DUE 1 ,363. FC 1 * * DIAGNCSIS CODE : 882.2 r, i i I I r n 1':r nn(a.111ARJ I Ir)rtr`I TAI_ELA^.1 r' JOHN MUIR MEDICAL CENTER ('LEASE n[LAIN THIS DETAIL STATEMENT A..;S I.SUPG170N• LOn YOUR nFCORDS.ALL SLIBSEOUENT n i n :111 f')I f 1,}1';I.I nf.a.f ff,15I.r I C.f1AY nII 1 YOU 1601 YGNACIO VALLEY ROAD S IA EMEN 1 S Wit 1.nErLF.CT BALANCE +i f l , I v! n n III 'a 11 1C!'", WALNUT CREEK,CA 94598-3194 FOnwnnD ONLY. FOR RII_I_ING INOUIRIFS r i..FASF CALL(Sill)9/17 13'16 PATIENTACCOUNTNU�.'BLII V;r,-t flit CAPIF"'In 1117114 PAT IENT NAMF JFNFLL- t) A0F4FA0T STATEMENT nATF '19 f 15 � f05 ADMISSION DAT F 09100/0_5 01/o4to5 DISCI lAn(,,r-,OAT F immimFROM 6;jjij6 -6S IrjTFmm Ttim.'mrm If tCI IAF1GF TO MY: I I VISA I I MAST FnCAnD AM. EXP. r, .� otqt: AnT 14TLF,Y !;TPC;:.T (A 94S7Q EXPIRATION DATE AMOUNT PAID $ PLEASE DETACH AND RETURN THIS PORTION WITH YOUR REMITTANCE j .1=,LL!= DAPEHFART PAT TEN I ACCOUNT 140. 1 3 PAGED 01 I"E IY� SERVICE CODE SERVICE DESCRIPTION 0. HOSPITALCHARGE 1, 4 n01IrSfTAKF4O?4F v'c'c 7 C T1',IT 'I0PqF?I-0 125-51"If3rTall-1: 11 . 25 TOTAL l)PI.Ir�q/TI%Kr40MF 5 11 . 25 DY )f-0AY C01PILFTIF XOAY It" 217 .r .0 211: 110 TOTAL DY Y-RAY 217. 110 ?1 7.C 0!1111 75 RF. 7S TnTAL FmFPn POOH IS 17;1 .on 122.00 W,'� LFVrL TnTRL Pot) FFF/FP 7.n P 122. 00 TOTAL C"Avr�cS TOTAL pAY?-19:NTS/ADJI,l1.qT?,l :NT1,q 0. e0 T r t F a ND P A Yq n L F UPON P Fr F I PT F YAUP Cntj1FNtFNCF VIP ,,IA !-, Trp CAP() , V1,1, 111, A"FOIC44 FXPRFCC AND DTSCOVCQ CAP)- IF YOU Otip PATTFNT kCCOII1ITTK1r- OFrItc I! TLInt) )F 0AY14ENT, PLFAI;F CALL Tilt' 1401.1", 71: wxl) Am AMIN &nj PM MO NIT)AY TpROUr,4 r! TDAV , IF ""ATL Nr, I y:,, �!T 11"InTT- DAT IT.D)T ACC Oil NT N1.1f4qFp ON YOUR C417cy. T14AMK Y1U. 01111-11ficr- Mir. I pli I Ivyl I I Al 1 '.1 1) A"I III IAIN IIII';PIJAII�S 011, JOHN MUIR MEDICAL CENTER I Y01,111 1 It GOI IIY; ALL St IDSVOULN T :1"'f"";1 1. 1 10 pit 11 f y I.1 1 C.IkIAY I'll 1,Y()I 1 1601 YGNACIO VALLEY ROAD S I A 11:Kit.1115 WILTnr r t ECT FIAT ANCE I WALNUT CREEK,CA 94598-3194 V()I IWAI ID 0TII-Y. Fon 1`111.1 INr,IN001nirn,ri r-ArF CAI 1.(F-,In)947 111r, 1 17 '/5249 00350 JFNFLLE DARFHEAP.T 95252O(?134 JFNELLF DARGHFAOT 436.0!1 AMOUNT ENCLOSED PAY THIS AMOUNT PLEASE REMIT YOUR PAYMENT TO: JOHN MUIR MEDICAL CENTER 1601 YGNACIO VALLEY ROAD WALNUT CREEK CA 94598-3194 J GNELLF nAREHEART (510)938-2400 1 4 4 3 2. 41 I L E Y S T R F F T CHARGE TO MY: I_I VISA [_)MASTERCARD ❑AM.EXP. !AN LFANDR7, CA 94579 ACCT. NO. ----- -------------------- I J EXPIRATION DATE SIGNATURE AMOUNT PAID $ ACCnI R1T NO. PATIENT NAME ADMISSION DATE DISCHARGE DATE PATIENT TYPE 9524900?50 JSNELLF DARFHFART 09/06/QS 09/06/95 FRO 41 0� / 11 /a5 gILLFD 4ALANCF ' `., S70. An 07/06/ 95 LEI/FL 4, EMERGF�1CVrh 185 .00 Oa/n 6/ 95 LEVEL 4, FMF.RGENtV ' 185 .00 09/0,S/ 95 111-00D 50. 25 ,,:?/05/ 95 FMFQGENCY V �S .di�4�''. 2.14 . 2.5 c)9/G6/ a5 TRAY PLASTIC ( FRGtVCV QM) 160. 50 ACCOUNT RALANCF 1 .363. A0 FSTIMATFD INSIJPANCE LIARTLITY n.nf) PATIENT RFSPONSIPILITY 1 , 363.80 05252M.1:134 JENFLLF 04PFMFAPT (?9/0Q/05 n0/0p/05 FRO 41 0q/ 14/ 95 HILLFD RALANCF. 436.00 ACCOUNT RALANCF 436 .00 ESTIMATED IMSURANCE LIAF%ILITY 0.00 DATIFNT RFSPpNSIgILTTY 4 F.p7 THF IIALANCF ON THIF ACCnUNT TS YOUR QFSdONSIRTLITY. YOUR PAYMPIT IN FULL OR A CALL TO THE PATIENT ACCOUNTT.Nr, rnFPT TO ;IA.K� OTHFP ARPANGFMSNTS IS APPRECIATED. THANK YOU. �;I IA91v1A11Y or ACCOUNTS FOR: J E N F L L F.. D A Q E 4 F A R T BALANCE FORWARD FOR ALL ACCOUNTS 1100 6 . R n TOTAL CHARGES AND ADJUSTMENTS 793.00 TOTAL INSURANCE PAYMENTS n•00 TOTAL PATIENT PAYMENTS 0.()() JOHN MUIR MEDICAL CENTER TOTAL ACCOUNT BALANCE 1 ,799 .80 1601 YGNACIO VALLEY ROAD n.(in WALNUT CREEK,CA 94598-3194 FOR BILLING INQUIRIES PLEASE GUARANTOR RESPONSIBILITY 1 •709.RO CALL(510)938-2400 ljy:'T YOUX tstf,4N(-H-()Ffr-lUt f Y0I)H 13AY MENT1 0: JoHN MVIN tvlf-'I)I('At.-f.:L-N I-1-1-1 i(,'Ol Y(iNAGI0 VAU I-,Y ROAD SAN LEANL)RO, WALNUT cnLF.-K.GA P4!40-3194 (r,10)947-32,36 2729115; 21 PAI[�-,NT NAMF.' JENFLLF DAFF14EAPT .;lAfFME-NIDATC 09/2A/05 ADPAISsAON DATI: 0 9t 2 2!9 j100/7 [)I!?,(.;liARGF.I)ArL INT EIllm FROM im-rHimnINOI.Will To: C>fAI'lGl- FOMY: f ]Vt!-',A j'.jMAf'.',TrH(:AAD fjAM.I-XP. JENELLE DAPSHEART 14432 WILEY STREET ACCT NO. SAN LEANDFO, CA 94579 I,]Xf'IllArI0NDA1l- $16NATURC- AMOUNrl'All.) PLEASE OE TACH AND RE rUHN THIS POR 1`10N WITH YOUR AM MANCE PAWN1 NAW-. JENELLE DAREHEAPT I'A rIf--N'(AGGOON f NO 95265-0041,4 -PA(*;I-.'O 0' SPERVICE DESCMPTION QTy.. • malwa." 450 EMERG ROOM 09/22 3003 EMERGENCY SERVICES 003 1 132.001 132.0 TOTAL SMERS ROOM 132«01 132.( 4 ** 981 PRO FEF/ER 09/22 )132 LEVEL 3PEOMO 99283 1 122.00 122, TOTAL PRO FFF/FR,, 122.00 122. TOTAL CHARGES 254 TOTAL PAYMENTS/AOJUSTTENT THIS ACCOUj; TS DOF AND PAYABLE UPON RECETV . OR YOUR Cf) VENIFNCF W . l: ACCEPT MAS , CARD, VISA, AMERICAN FXPRFSS ) ND 1.0,COVFR CA D. IF YOU ELECT THIS METHOD OF PAYMENT, PLFASF CALL OtP P TIENT ACCr), tNTT'Nr# OFFICE 6 RETWEEN THI H005 OF 130 AN AND 4()tl Pm MOND: Y TROUr-H FRlnjY. IF MAIL-NG PAYMENT, PifASE NOTE PATIENT ACCOUNT NUM11FRION OUR CHECK. THANK YnU SALANCS DUF ML flO!iP(lAI,BILlf-,FOHC�'IIFAW Jl(.*),SPIlAI 13A!.;El) I'l W-if(JAW i�YoUl(!';L;(lGL ON,A!i!S r.StlKWON, JOHN MUIR MEDICAL CENTER MAY L111.1,Y01 1 1601 YGNAC10 VALLEY ROAD I 011YOUn+1t COI 1(*;�Al Lf '�l Al F Ml N r,,;WI[1.111 Fit C; Pil1 l 7A F10"t 8 WALNUT CPEEK,CA 94598-3194 1:011WARN ONLY. MI(DILUNti Pfl:ffl (.;AI L(5 10)9,17-3330 SENT BY:* YOUR BRANCH OFFICE *:Io- 5-9.5 IL17AS3:1 HEMIT Y01 III PAYMENT ro: 8:021'M KlNkoS SAN LEANDRO, -JOHN MU114 MI-DICAl.ccm rt-H 1('10 1 YONACIO VALI r.Y nUAD 272511.5;# WAI NUI (H[+.K,IA'34'08-3 194 mic, PAFINITI NAMF JENFLLE DARFMEART t'-',TAqMFNf DAI'E-I o/()l /9 5 ADMI5,'A0N DAl L' Cl 9 17 519 59/?s/_9 s E)I,'3(;HAn(.;F (TATE IN I EFIM I­:ROM tj 9/2 j �p INI 00M THnouci-i CI iAnGl~ To MY: J. I VISA I j MA�',Tt:n(..ARD I ]AM. LXI-1. JENELLE DAREHFART 14432 WILEY STREET A(-;C r.NO. SAN LEANDRO CA 94579 i'XPIHAI ION I)Ai r SICiNAILIHr- AMOUNI I PAIL) VLP A!;F-.DkinTACH AND nEl URN MIS PORTION wl rH yol)R Rrmll TAN('E -PAHEN1 NAMIJFNFLLF—DAPFAEART I'Al IFNT A(X0UN1 NO. 95268 00220 1 IA(4(Ll 0 1 Mom . i SERVICE DESCRIPTION' OTY_ I HOSPITAL CHARGE PHYSICIAN CHARGE TOTAL CHARGE *74150 EMERG ROOM 09/25 3003 EMEP3ENCY SEPVTCES 003 1 132. 00 132.00 TOTAL F.MfPG ROOM 132.011 132.00 9.41 PRO FFE/Ep 09/25 1130 LEVEL 1p FDMO 99781 1 45 .00 45. 0( TOTAL PRO FEF/ER ;. . . . .. 45 *00 45*0( TOTAL CHARGES 177.0 TOTAL PAYMENTS/AIDJOSTMENTS 0.( THIS ACCOUNT IS DUE AND PAYASLF UPON RECEIPT. FOP, YOUR CONvfNtFNCF WP ACCE T MASTER CARD* VTSAP AMERICAN EXPRESS AND DISCOVER CAR ). if YOU ELEC THIS METHOD OF PAYMFNTt PLEASF CALL OUR PATIENT ACCO1,14TING OFFICE 9ETW FN THE HOURS OF 830 AIM AND 400 PM MONDAY T4ROUr7H FRIOAf, IF MAIL NG PAYM .qTf PLEAS5 NOTF PATIFNT ACCOUNT NUMRFR ON YOUP CHECK. THANK YOU. 9ALANCE DUE 177. 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BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA November 14; 1995 BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the NNARMP Claimant: Omar A. Hamidi, by his guardian ad litem, Didiz Hamidi 0 C T 1 9 1995 Attorney: David Rosenberg, Esq. COUNTY COUNSEL MARTINEZ CALIF. Address: 5836 Ocean View Drive Oakland, CA 94618 Amount: Unknown By delivery to Clerk on October 17. 1995 Date Received: October 17, 1995 By mail, postmarked on -October 15, 1995 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: October 17, 1995 PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Claim (Section 91 .6). DATED: I - Int A VICTOR WESTMAN, County Counsel, By Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 91.1.6). ( ✓) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Boards Order entered in its minutes for this date. DATE: // -I - /9 9s' PHIL BATCHELOR, Clerk, , d 111 D._ Deputy WARNING (Gov. Code 5911.8) If you Wish to file a oourt action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court Within six (6) months from the date your application for leave to present a late claim Was denied. You may seek the advise of any attorney of your ohoioe in connection with this matter. If you Want to oonsult an attorney, u should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel—7-2) County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance With Section 29703. DATED: PHIL BATCHELOR, Clerk, By ___Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: Count Counsel Byv y �4,• �0 County Administrator, By 0 APPLICATION TO FILE LATE CLAIM S,PfE.- c.' w a m �4 +-) 0) to 04 � U ro u-4 �4 +-) a +-) a) zsoH � U +3U 0w PQ O N A7 0 N � 0 Ln UUto � C7 10 W o W H U) Za A W a z OQ °u 0 > � Z o v � °cr Ua Z A <, oa Qco OD � o 1 David S . Rosenberg, Esq. 2 State Bar # 102271 5836 Ocean View Drive 3 Oakland, California 94618 (510 ) 652-5745 4 Attorney for Plaintiff 5 OMAR A. HAMIDI 6 7 OMAR A. HAMIDI , by his guardian ) ad litem, SIDIZ HAMIDI, ) APPLICATION FOR LEAVE 8 ) TO PRESENT LATE CLAIM 9 Claimant, ) GOVT. C. 911 . 4 10 VS . LCLERK CEIVE 11 COUNTY OF CONTRA COSTA, ) DOES 1-20, )12 13 AD OF SUPERVISORS NTRACOSTA CO. 14 TO: COUNTY OF CONTRA COSTA 15 1 . As stated in the attached claim, claimant has a cause 16 of action against said County. 17 2 . The time for presentation of said claim has not 18 expired. Despite this fact, COUNTY rejected the claim as 19 untimely filed. 20 3 . Facts not known to claimant at this time may 21 demonstrate that said claim was untimely and that the 22 tardiness was excusable. 23 4 . In an abundance of caution, and to preserve any 24 rights which claimant may have as to the timeliness of a 25 request for permission to file a late claim, claimant hereby 26 does make such application. However, this application shall 27 not be construed as an admission or implication that said 28 1 claim was untimely filed and served. 2 5 . Claimant requests again that the COUNTY review 3 claimant' s claim and the law pertaining thereto, and requests 4 that the COUNTY accept said claim as timely filed based on the 5 allegations of said claim. 6 6 . Claimant has filed an action at law, a copy of which 7 is attached hereto, more fully setting forth the facts upon 8 which claimant alleges timely filing and service of said 9 claim. 10 October 15 , 1995 AVID S . ROSEN 11 ATTORNEY FOR CL(13ANT 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I David S . Rosenberg, Esq. 2 State Bar # 102271 5836 Ocean View Drive 3 Oakland, California 94618 ( 510 ) 652-5745 4 Attorney for Plaintiff 5 OMAR A. HAMIDI 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 OMAR A. HAMIDI , by his guardian ) No . 11 ad litem, SIDIQ HAMIDI, ) COMPLAINT FOR DAMAGES 12 Plaintiff, ) 13 vs . ) COUNTY OF CONTRA COSTA, ) 14 K. SCHOELD, DOE CARLSEN, M.D. ) 15 DOES 1-20, ) ) 16 17 PRELIMINARY ALLEGATIONS 18 1 . OMAR A. HAMIDI is a minor who was born and delivered 19 March 5, ' 1992, at Merrithew Memorial Hospital, a county 26 operated hospital .-loca ed .in the City of Martinez, COUNTY OF 21 CONTRA COSTA. 22 2 . SIDIQ HIMIDI is the father of OMAR and has been 23 appointed guardian ad litem of OMAR. 24 3 . Employees of Merrithew, and thus by agency, the 25 COUNTY, were negligent in their care and treatment of .OMAR'S 26 mother, FAUZIA HAMIDI, during her labor and ,delivery of OMAR, 27 and in their care and treatment of OMAR after his birth. 28 S 1 4 . As a result of such negligence, OMAR suffered brain 2 damage. 3 5 . Plaintiff alleges on information and belief that said 4 and other employees of the COUNTY knew or should have known at 5 the time of the birth of OMAR . that he was brain damaged as a 6 result of said negligence, but they failed to communicate this 7 fact, or the reasonable possibility that this fact was true, 8 to OMAR' s parents . 9 6 . SIDIQ and FAUZIA witnessed OMAR having seizures after 10 his birth, and took him to the staff and facility of 11 Children' s Hospital , Oakland, where he received medical 12 attention for his seizures, which occurred periodically. 13 There was never any discussion between parents and doctors as 14 to the cause of OMAR' s seizures and other disabilities until 15 July, 1995, when parents and OMAR' s neurologist discussed the 16 child' s long-term prognosis . Parents were then informed that 17 OMAR was brain-damaged, probably from birth. While at 18 Children' s, parents came into contact with parents of other 19 brain-damaged children. Parents shared the prognosis of the 20 neurologist with other parents, who suggested that parents 21 consult an attorney for purposes of having the medical records 22 reviewed for medical negligence. 23 6 . Parents did so, in or about August, 1995 . Between 24 August and September 25, 1995, plaintiff' s attorney consulted 25 a board-certified obstetrician who practices in the locality, 26 and asked him to obtain and review the relevant labor and 27 delivery medical records of OMAR from Merrithew. The 28 1 custodian of records for said hospital advised first that no 2 records were available, then that the records were not 3 accessible, but after persistent inquiry produced what was 4 claimed to be the entire chart of the labor and delivery. 5 The fetal heart monitor tracings were not produced and the 6 custodian has denied that they are in possession of the 7 COUNTY. The degree of record keeping has been deemed to be 8 grossly below the standard of care. On the basis of the 9 chart produced, however, said consultant concluded that OMAR 10 suffered fetal distress which caused his present injuries , and 11 that ominous signs of said fetal distress went unattended by 12 a competent physician for a substantial period of time. 13 Rather the labor was attended by a resident, K. SCHOELD, who 14 failed to. recognize the seriousness of the signs and symptoms 15 of the mother and child, who failed to provide proper care 16 herself -.and failed to call her supervising attending 17 physician, Dr. CARLSEN. 18 GOVERNMENTAL CLAIM FILED 19 .7 On September 25, 1995, counsel for plaintiff served 20 a governmental agency claim with the COUNTY OF CONTRA COSTA, -21 a copy of which is attached hereto as Exhibit A, each of which 22 allegations are incorporated herein. It was received 23 September 28 and rejected as a late claim on October 3, 1995 . 24 A copy of said COUNTY' s Notice to claimant of late claim is 25 attached as Exhibit B. 26 Said. Notice to Claimant of Late Claim states an error of law, 27 3 28 I to wit, that the claim was not presented within six months of 2 the event or occurrence as required by law. The law requires 3 that a claim against a public entity accrues only when the 4 minor' s parent or guardian knew or should have known through 5 the exercise of reasonable diligence that a negligent act of 6 medical care caused the child' s injuries . Hernandez v. County 7 of Los Angeles ( 1986 ) 42 Cal . 3d 1020, 232 Cal .Rptr. 519 . The $ claim alleges that OMAR' s parents did not learn that OMAR' s 9 injuries were birth-related until July, 1995, and so did not 10 have any reasonable basis to suspect COUNTY or other medical 11 negligence as the cause thereof . Said parents did not 12 suspect medical or COUNTY negligence until discussions with 13 parents with similar injuries revealed this possibility, and 14 soon thereafter, parents sought legal assistance. Their claim 15 followed in less than six months . 16 8 . COUNTY' s Notice to Claimant of Late-Filed Claim is 17 therefore contrary to law. Said Notice states that 18 plaintiff ' s "only recourse at this time is to apply without 19 delay for leave to present a late claim. " However, such an 20 application requires plaintiff to explain with particularity 21 the circumstances which justify the filing of a late claim, 22 even though plaintiff ' s claim is not late. The notice in 23 stating that plaintiff has no other recourse is also contrary 24 to law, since plaintiff 's other legal recourse is to file an 25 action at law. 26 9 • Without implying that plaintiff ' s .claim is late, but 27 4 28 1 only on the basis of preserving the issue of excusable 2 tardiness in the event of the discovery of unknown facts or of 3 the legal significance of facts known but not appreciated by 4 plaintiffs, plaintiff has also provided COUNTY with a prefiled 5 copy of this lawsuit requesting that they deem said complaint 6 as an application for Govt. Code 911 . 4 late claim relief . 7 Each allegation hitherto made is incorporated hereafter. 8 FIRST CAUSE OF ACTION: NEGLIGENCE 9 10 . By these allegations , plaintiff has alleged the 10 breach of a legal duty, legally causing damage to plaintiff , 11 all in an amount exceeding the jurisdictional minimum of this 12 court. 13 SECOND CAUSE OF ACTION: SPOLIATION 14 11 . The fetal heart monitor tracing is the most reliable 15 medical record of labor and delivery and the best measure of 16 the care given to mother and neonate. That fact was known 17 to defendants at the time of the birth of OMAR. The fetal 18 heart monitor tracing of all births are routinely maintained 19 by the COUNTY for more than four years . The tracing of all 20 births complicated by apparent birth injury should be 21 Preserved with particular care indefinitely, and defendants 22 have a duty to do so. Defendants negligently breached this 23 duty by losing said tracings . Alternatively, the 24 circumstantial evidence suggests that said tracings were 25 intentionally removed and destroyed because they provided 26 evidence which incriminated COUNTY' s employees . In the event 27 5 28 R 1 of such proof of negligence and in the further event such 2 negligence caused plaintiff ' s inability to prove its case for 3 negligent medical care, plaintiff has sounded a cause of 4 action for negligent spoliation. In the event of 5 intentional destruction, plaintiff will plead and pray for 6 punitive damages , whether or not such acts impeded or 7 prevented proof of plaintiff ' s claim for malpractice . 8 THIRD CAUSE OF ACTION: FRAUD 9 12 . COUNTY negligently or intentionally failed to advise 10 Parents of the reasonable possibility of birth-related brain 11 damage to OMAR. Such notification would have resulted in an 12 earlier investigation of the basis for a claim of malpractice, 13 and an earlier claim and lawsuit. Plaintiff is entitled to 14 damages resulting from such delay and defendants are barred 15 from raising any defense based on such intentional or 16 negligent misconduct. If intentional, plaintiff is entitled 17 to punitive damages . If proof permits , plaintiff will plead 18 for such damages within the statutory timeframe permitted. 19 PRAYFR 20 WHEREFORE, plaintiff prays for such damages as the law 21 entitles, including cost of suit, general and special damages . 22 23 October 14, 1995 DAVID S . ROSENBERG 24 ATTORNEY FOR PLAINTIFF 25 26 27 6 28 1 PROOF OF SERVICE BY MAIL - 1013a, 2015.5 C.C.P. 2 I DECLARE UNDER PENALTY OF PERJURY THAT: I am a citizen 3 of the United States and am employed in.the County of Alameda; 4 I over the age of eighteen and not a party to the within 5 action; my business address is 5836 Ocean View Drive, Oakland, 6 CA 94618 . On the date herein set forth below, I served the 7 attached: g REQUEST FOR LEAVE TO FILE LATE CLAIM AGAINST THE COUNTY OF 9 CONTRA COSTA COUNTY ON BEHALF OF OMAR A. HAMIDI , A MINOR 10 11 by placing (a) true copy(ies ) thereof, enclosed in a sealed 12 envelope, with postage thereon fully prepaid, in the United 13 States Mail at Oakland, California, addressed as follows : 14 Clerk of the Board of Supervisors 15 County of Contra Costa 651 Pine Street 16 Martinez, CA 94553 17 18 I declare that the above is true and correct and was 19 executed on the date set forth below and, CA. 20 October 15, 1995 21 David S . Ro rg nbe 22 23 24 25 26 27 3 28 Q, .a2�1 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA November 14, 199515 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please note all �'�'Na-rrn - ; 1 = CLAIMANT: Brigitte Hornberger, indivdually and as guardian ad litem for f` q 4�1 Jessica Mona—Lorraine Hornberger, Joline Hornberger and Justin Roberto Elrod ATTORNEY: Jeffrey A. Berger COUNTY C:001"C'EL 595 Market Street, Ste. 2650 Date received MARTINEZ:: =�� ADDRESS: San Frnacisco, CA 94105 BY DELIVERY TO CLERK ON October 18,, 1995 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED:_ October 19, 1995 IqiL Deputy OR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors _ ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �_�— iq^ cl J_ BY: o Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Gated: 19 PHIL BATCHELOR, Clerk, By�� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: //- —/of C, BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator LAW OFFICES OF 101VED JEFFREY A. 'BERGER �r.ar.. 595 MARKET STREETS �AA SUITE 2650 �� /J SAN FRANCISCO, CA 94,105 TELEPHONE: (41 5) 957-9570 UPE/yR�NISORS FACSIMILE: (415) 957-1145 cow"MmC/. October 18, 1995a 3Zn P t s' Clerk of the Board of Supervisors Contra Costa County 651 Pine Street, Room 106 Martinez, CA Re: Government Code Section 910 Claim of Brigitte Hornberger, et al Dear Madame or Sir: This office represents the claimants set forth herein and this letter shall constitute the Government Code §910 claims of the following individuals for the conduct described below. Name/Address of Claimants: Brigitte Hornberger,,individually and as guardian ad litem for Jessica Mona-Lorraine Hornberger, Joline Hornberger and Justin Robert Elrod of 222 Anderson Way, Martinez, CA. Notices to be Sent: To her attorney, Jeffrey A. Berger, 595 Market Street, Suite 2650, San Francisco, CA 94105; (415)957-9570, fax (415)957-1145. Date, Place and Circumstances Giving Rise to the Claim: In or about the early morning hours of April 20, 1995, at 222 Anderson Way, Martinez, California (the residence of the claimants), Anthony Hornberger, the husband, father and/or financial supporter of the claimants, was shot and killed as a legal and proximate result of the negligence of Contra Costa County Deputy Sheriff Mike Baeta in using deadly force when unnecessary and by his negligently loading his weapon with live ammunition instead of the intended dummy or beanbag rounds. The death of Anthony Hornberger was also caused by the negligence of Deputy Baeta's supervisors, instructors and managing officers within the Contra Costa County Sheriff's Department for failing to adequately supervise and train its deputies or to take other precautions and safety measures to prevent deputies from using deadly force unnecessarily and from using live, lethal rounds in similar situations unintentionally. As a proximate and legal result of said negligence, Deputy Baeta used deadly force when unnecessary and negligently loaded his weapon with live Clerk of the Board of Supervisors October 18, 1995 Page 2 ammunition instead of the intended dummy or beanbag rounds, causing the death of Anthony Hornberger. Description of the Indebtedness: Loss of care, comfort, companionship and financial support. Jurisdiction over this claim would rest in the superior court. Please contact the undersigned if further information is necessary to respond to this claim. Very truly o s, J A. Berger jAB:mst CLAIM C a a BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA November 14, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors .--Paragraph IV below), given pursuant to Government Code ).;. Amount: $1,000,000.00 ST_ .- Tec ron 913 and 915.4. Please note all "Warnings". CLAIMANT: Travis Jay Johnson 0Cj 1 3 �+ ATIORNEY: David J. Larkin COUNT`CC)UN.t1 1806 Bonanza Street misrmEZ(;A Date received ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON October 10, 1995 BY MAIL POSTMARKED: hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 13 1995 eeHHIL BATCHELOR, Clerk 8Y: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). (✓f Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( V)' lS (',� fr , Other: .� Dated: BY: /�j� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( vl*f Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (� This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: /j-fcF -1996 PHIL BATCHELOR, Clerk, By 14,4 1p4i Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: //-JS s/ 9 9S BY: PHIL BATCHELOR by Deputy Clerk /17 CC: County Counsel County Administrator TO: Travis Jay Johnson c/o David J. Larkin, Esq. 1806 Bonanza Street Walnut Creek, CA 94596 NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911 . 3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa on October 10, 1995 has been reviewed by County Counsel and is being returned to you herewith because: A portion of your claim for an injury to person or personal property which arose on or after January 1, 1988 was not presented within six months of the event or occurrence as required by law. (See Government Code sections 901 and 911 . 2) Because that portion of the claim was not presented within the time allowed by law, no action was taken on that portion of the claim. . Your only recourse at this time with regard to that portion of the claim which was not presented within six months of the date of accrual is to apply without delay for leave to present a late claim. (See Government Code sections 911 .4 to 912 . 2 and 946 . 6) Under some circumstances leave .to present a late claim will be granted. (See Government Code section 911 . 6) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: D&fputy Clerk Dated: /d -- /6 - /99s` Enclosure NOTICE OF LATE CLAIM Page 1 Affidavit of Mailinct I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18, and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid, a copy of the above Notice to Claimant (of Late Submitted Claim) , addressed to the claimant as shown above. Date: By Phil Batchelor by Deputy Jerk NOTICE OF LATE CLAIM Page 2 F i• Clair to: BOARD OF 5' ERVISORS OF 00h" A COSTA Cf.XJNa INSTRUMONS TO CLAIMANT A. Claics .relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 19871 must be presented not later than the 100th day after the accrual of the cause or action. Claims relating to causes of action for.death or for injury to person or to personal property or growing 'crops and which accrue on or after January 1 1988, must be presented not later than six months after the accrual of the cause • of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the pause of action. (Govt. Code 5911+2.) B. Claims`=st be filed with the Clerk of the Board of Supervisors at its office in Room 1061 County Administration Building, 681 Pine pt et, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors,, rather than the County, the name of the District should be filled in. D. If the claim is against sage than one public entity, separate claims must be filed against each public entity. E. Fraud. Se@ penalty for fraudulent claims, Penal. Code Seo. 72 at the end of this V•ri R£: Claim By ) Reserved for Clerk's filing stamp TRAVIS JAY JOHNSON } } RECEIVED d �l�ver gains( t e or o Contra Gosta District) CLERK BOARD OF SIIPERVISQRS 1!2 nacre } CONTRA COSTA CO. .�rr..r..r .w.r+.�w.+w..�.r �► �wThe undersigned .olaimant hereby =kes claim against the County of Contra Costa or the above-named District in the sum of $ .. I ,000 ,000 end in support of *this claim represents as follows: L When did the damage.or injury occur? `{Give exact data and hour) On several occasions between 3/18/95 and 4/11/95 A.:..�Wrw_r.._..wr.ll...._.r...rr....r..,.i........:.a. _.oN•.y..,..._.., -2. Where did the d or injury occur? (Include city and county) a. Blackhawk Police Station, 1092 Eagle Nest Placa, Danville, CA 94506 b. 521.1 Hlackhawk Drive, Danville, CA 94506 c. other locations in the community known as Biackhawk 3• How did the damage or injury occur? (Give full details; use extra paper if required) (SEE ATTACHMENT) w..w�•.iwwfs��,�.�rr��rM_..wrrrr Y.��IYY�•..Y..w.�4��.lY.+circliw�A�r�.1.�Y�A��Y+I�w�MfM�.Mr 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? • (SEE ATTACHMENT) 5. rmat are the mWs of county or district otticers, servants or employees causing 0 da.MUoe or injury? + Lt. Gary Hail and Contra Costa County Sheriff' s Department wrwr.�wwa�.rrwrwr�wwrr�r..ww....rr..rw+. .....f..�..r._....fw.......,......wwr..�__....,w..Ewr....,.. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimatos for auto damage. " . Violation of Constitutional rights of privacy, right to counsel, ant prohibitions against unreasonable search and seizure. , wr...wrwww�++wr+wrw+Mw.rswwwwwwnw...w w�.ww+�.r.w wr 7. How was the amount claisoed above computed? (Include the estimated amount of any prospective injury or damage.) • s=r•t n Satimate . ..�w..w w..rr ......w�wr�wwww.rrr+•.r.�ww.w 8, Names and addresses of Witnesses, doctors and hospitals. Brad .&. .Draw Rucker Kent G. Blair Dawn Johnson. 2323 Saddleback Drive 632 Hartley 'Drive 291 Acacia Lane Danville, CA 94506 Danville, CA 94526 Alamo, CA 94507 4• i,ist the expenditures you made on account of this accident or injury: DATE ITEM AMM �teeeea +tere * e * gee * e -r .eee ae • r * ecce :( * eereeea * Gov. Code Sec: 910:2 provides.- "The rovides:"The claim must be signed by the claimant SEND NOTICES TOs (Attorne ) or by soma person on hisgtehalf." Name and Address of Attorney (AVID J. LARKIN j 0-1 Attorney At Law a ratan is Signature 1806 re Bonanza street j n bahalf of in Pro Per Cltiimant 291 Acacia Lane Walnut Creek, CA 94596 ddress Alamo, CA 94507 " Telephone No. (510)939-6400 Tele.-phone No. 256-0684 eee NOTICE Section T2 of the Penal Code provides: • .- - _ . "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, .city or district board or officer, authorized to allow or pay the same if genuine, any ralse or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county-'Jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprison.-aent and fine, or by imprisonment in the state prison, by a fine of not exceedin�,; ten thousand dollars 010,000, or by boot =h lmprisonanent and fine. Page a ATTACHMENT: Claim to: Board of Supervisors of Contra Costa County 3. While investigating a series of residential. garage burglaries, County Sherif fIa Lt. Glary Hall violated claimant Ia constitutional civil rights by interrogating claimant without properly advising claimant of his Mirandd "rights, by coercing confessions and otherwise inculpatory statements from claimant by various means, including threatening to ensure claimant would receive jail time if he failed to confess or identify other individuals, threatening to perform drug tests without basis, and making false representations regarding chargee to be filed by the District Attorney, and false: promises of leniency. Claimantts right to counsel was violated by Lt. Hall when Lt. Hall ignored claimant's request for counsel and threatened to arrest claimant if he did not "cooperate." Deputy Hall also used coercion to violate claimant's privacy rights when he, his wife, and other deputies used claimant's parents' home for purposes of meeting with and interviewing other suspects and their families. 4. See 03 above. The above-described violations of claimantOs rights were directly caused by the County Sheriff Department' s failure to sufficiently train or otherwise supervise the aforementioned county employees. Furthermore,, . the acts of the deputies exhibit a pattern which demonstrates a custom or policy of the county to allow such violations. 2 I, the undersigned, declares 3 That I an a citizen of the United States, over the age of eighteen years, and not a party to the foregoing action= that my 4 }business address is 1806 Bonanza Street, Walnut Creek, California. 5 That on Octoberl0, 1995 I personally served copies of the within CLAIM on: 6 . .7 C1637k Board of Sµpervisors .4 Room 106•: County Administration Building 9 651 pine street Martinez, CA 94553 10 11 Z declare under penalty of perjury that the foregoing in true and correct. 12 13 Executed Octcbarl0, 1995 at Danville, CA 14 • 15 .�• 16 U b L 17 Donna M. Umperovitch 18 19 120 120 2_ :22 23 24 25 26 ��w CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA November 14, 1995 � . Claim :against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors 41 raph IV below), given pursuant to Government Code Amount: $10,000.00 + xw- .-�F�w`�� n 913 and 915.4. Please note all "Warnings". CLAIMANT: Dr. Carol Lee OCT 1 5 1995 ATTORNEY: Dorothy D. Guillory o wft 1330 Broadway, Ste. 833 Date received ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON October 13, 1995 BY MAIL POSTMARKED: September 12, 1995 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH B DATED: October 16, 1995 BYIL Deputy OR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ` ( )/This claim complies substantially with Sections 910 and 910.2. (� This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /0 1-7 — � �' BY �—�- Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: f/- /`- —/g gs' PHIL BATCHELOR, Clerk, By",,"LL ��.�z�, Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. J Dated: !/'/S 19 9 5 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator ` OFFICE OF COUNTY COUNSEL DEPUTIES: • �: ALTHOFF CONTRA COSTA COUNTY SHARON S.ANDERSON SHARON L. ANDERSON i r-,ry 6 J BRANDON D. BAUM COUNTY ADMINISTRATION BUILDING ANDREA W. CASSIDY VICKIE L. DAWES P.O. BOX 69 MARKE S. ESTIS VICTOR J.WESTMAN MARTINEZ, .CALIFORNIA MICHAEL D. FARR COUNTY COUNSEL 94553-0116 LILLIAN T. FUJII DENNIS C. GRAVES SILVANO B.MARCHESI TELEPHONE (510) 646-2041 GREGORY C. HARVEY ARTHUR W.WALENTA,JR. FAX (510) 646-1078 KEVIN T. KERR ASSISTANTS EDWARD V. LANE, JR. MARY ANN M. MASON PAUL R. MUNIZ October 16, 1995 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY p AND/OR NON-ACCEPTANCE OF CLAIM TO: Dr. Carol Lee c/o Dorothy D. Guillory, Esq. 1330 Broadway, Ste. 833 Oakland, CA 94"612 RE: CLAIM OF: Dr. Caro Lee P1'ease' Take Notice as Follows : The claim you presented against the County of Contra Costa or. District governed by the Board of Supervisors fails to comply substantially with the requirementsof California Government Code Section 910 and 910 .2 , or is otherwise insufficient for the reasons checked below: [] 1 . The claim fails to state the name and post office address of the claimant. [] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [XI 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [] 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. [] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10, 000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10, 000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [] 6 . The claim is not signed by the claimant or by some person on is behalf . [l 7 . Other: VICTOR J. WESTMAN, County Counsel e� By: Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015.5; Evidence Code §§ 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon; and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: October 1995 at Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management . (NOTICE OF INSUFFICIENCY OF CLAIM: .GOVT. CODE §§ 910, 910.2, 920.4, -910.8) - Claim,to:' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY d INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to Ft3 sonal property or growing crops and which accrue on or before December 31, 19811 j:. . must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 10 19889 must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 5911.2.) �. B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• f' t; C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. . See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. * * � • r * r ■ • � r * e � vv � * r * * ■ ars * • i;,. RE: Claim By ) Reserved for Clerk's filing stamp ': Dr'. Carol Lee C-s RECEIVED► r; ga nst the County of Contra Costa ) . or OCT 13 District) CLERK Fill n name ) CONTRA COSTA CRVtSCS,�;i` .. o. The undersigned claimant hereby makes claim against the County of Contra Costa or r; the above-named District in the sum of $ *see below and in support of s this claim represents as follows: Jurisdiction wi rest with the Superior or ---- ------------------------ ----------n strict C t. 1. When did the damage or injury occur? (Give exact date and hour) 1995 -------------------------------------------------------------- ------ i�.: 2. Where did the damage or injury occur? (Include city and county) El Cerrito, Richmond, and Martinez - Contra Costa Countyr::; —---------------- ----------------------------------------- ' ', 3. How did the damage or injury occur? (Give full details; use extra paper if required) County Representatives interfered with my ability to administer k: the.-Living Free project,. a federally Contra Costa County defamed my character, retaliated against me. for reporting th:e. M supe federal funds, andcontinue( to di'scri'minate againGt me as- an indebenderit 1>k';:': _...._------------------------------------------------------—---- ---------------_ 4. What particular act or omission on the part of county or district officers, contractor':' servants or employees caused the injury or damage? See No. 3 above. 14/ t.' (over) ' 5. What are the names of county or district officers, servants or employees causing the damage or injury? Connie Rinne, Yvo6ne Bullock, Bill Weidegar, Jim Takahashi, Rose Manneng, Charles C(juch, Risk Management, Tom Powers ----------------------- ----------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Loss of contractual benefits, consequential damages, emotional distress damages ------------------------------------------------=------------------------------------ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Not required under Blairy. Supe_rio-r Ct. ; (1990) 218 Ca1.App. 3d 221, 225. ------------------------------------------------ ------------------------------------ 8. Names and addresses of witnesses, doctors ano hospitals. Not required under Blair v.: Supe-rior C't. (1990) 218 Cal.App. 3d 22 , 225.' ------------------------------------------------------------------------------------- 9. List the expenditures .you made on account of this accident or injury: DATE ITEM I AMOUNT Not required under BlairV-.1 Superior Ct. (1990) 218 Cal.App. 3d 221, 225. I i Gov. Code Sec. 910.2 provides: "The clam must be signed by the claimant SEND NOTICES TO: (Attorney) or by some(person Pn his be ." Name and Address of Attorney Dorothy D. Guillory Attorney at Law C t Signature 1330 Broadway, Suite 833 Z Oakland, CA 94612 q(Z 1 s7-) W; Ad ess Telephone No 510) 271-8014 Telephone No. Ct - N 0 T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any ',county, city or district board or officer, authorized -to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten ;thousand dollars ($10,000, or by both such imprisonment and fine. g — � � � a \ � 0 � ® � �.H Lo _ co� o ° p » G4 a a . . yea / . CQ0 w } \ � \ / � $ k� \ . \ 9 / p ; r � \ �< $ � � t\ CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA November 14, 1995 Claim"Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $40,000.00 on 913 and 915.4. Please note all "Warnings". CLAIMANT: Carl Nickens ��' ATTORNEY: Lezly D. Crowell 4C� 1 3 1995 1684 East 14th St. Ste. 208COUN`� ' to received ADDRESS: San Leandro, CA 94577 M ajkt47- ABY DELIVERY TO CLERK ON October 10, 1995 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �dIL gATCHELOR, Clerk DATED: October 13, 1995 : Deputy _ II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( his claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: y /�' BY: r— Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: HIL BATCHELOR, Clerk, By.� Deputy Clerk WARNING (Gov. code section 913) .Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: /L 16'-/2 q�" BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator Claim 'to: BOARD Ur' SUPERVISORS OF WN RA COSTA COUNTY INSTRUCTIONS TO CLAD-iA-NT A. C1aiT= relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1957 , m:�st be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1958, mast be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action mast be presented not later tha-r, one year after the accrual of the cause of action. (Govt. Code §911.2. ) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather t'.-,:. the County, the name of the District should be filled in. D. If the claim. is against more than one public entity, separate claims mast be filed ac irzt each public entity. E. Fraud. See peralty for fraudulent claims, Penal Code Sec. 72 at the end of this fc R=: Clai^ ?y ) Reserved for Clerk's filing- scam-p ) CARL NICKENS Contra Costa Co. Jail at ) RECEIVE® • Martinez Ca . & Medical Dept . aLi ) ho�.nd d.P�IAvA Against the County of Contra Costa ) OCT 1 0 IA ! or ) District) CLERK BOARD OF SUPERVISORS Fill i.^. I'ir,e; ) CONTRA COSTA CO. d The undersigned claimant hereby makes claim against the County of Contra Costa or the above-r��e� District in the sum; of $ 40, 000 . 00 and in support of this claim represents as follows: . 1. When did the damage or injury occur? (Give exact date and hour) From the time I entered Martinez Jail in Contra Costa Co . May 9 , 1995 to May 23 , 1995, when I was Hospitalized, and then released three days later . 2. Where did the damage or injury. occur? (Include city and county) Martinez County Jail in City of Martinez , co . of Contra Costa . ------------------------------------ -----------•--------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) The doctor ' s at the Co. Jail failed and willfully refused to give me the correct medication. They gave me some genric medication which adversley affected me. The medication or lack thereof caused an alergic . reaction. I was hospitalized for severe swelling and itching about my arms --fie ad-atrd•-U t b u r-P U rts-vT--M?--bud p--------------------------------------------- 4. What particular act or omission on the part of county or district officers, servant's or employees caused the injury or da=aZe? They willfully failed and refused to give me the correct medication , swiched medication my body was used to for genric causing me to severely swell mostly about my head and arms . By giving me improper medication and refusing to give me all the. medication I needed, I had to be hospitalized (over) &Ilena=.,--S or to-Ir4t'.Y or district officers, servants or e=, ployees cauEinE the dazaa-Ee or iniu:,y'l All names are unknown except Dr .James Real who was the doctor at the county jail who refused to give me the proper medication and/or replaced some of the medication I was to take -for genaric medication Vhlbh-cau 4 V7,at da-age or injuries do YOU Claim resulted? (Give full extent of injuries or, dames claimed. Attach two estimates for auto d4maze. Damages uncertain severe swelling about my beard and arms mostly, mental distress , pain and suffering ,conjestive heart failur'e and high extremely high blood pressor:. . 7. How was the aw=,�-. claim--J above co=P'-fte4? -(Include the estimated amount, of prospective injury or da=age. ) Medical $4,032 .00; Pain and suffering . $ 16 , 128 . 00 pecuniary damages $191840 .00. -------------------------------------------------------------------------------- N=-,es cnd actresses or witnesses, dcctsrs anf hosY'.tzls. Dr . James Real at Martinez Co . Jail , Dr . Andrew Schecktman, Merrithen Mem. Hosp. , 2500 Alhambra Ave . , Martinez , Ca . .Tom O 'Neal , Martinez Co. Jail , Jimmie Walker , Collage Lane , Martinez, Ca . , Gayl Reeve, Merrithew Mem. Hosp. Others will be added as discovery progresses . -—--------------------------------------------------------------------------------- C. LLS`,, the yo-j maJ--- on of t,-d-s accident or in4:--ir--: . All are on lean's ~ ,, Crl'. Code Sec. � .2 provides: -ovides: I --n e cla--'= c it be S."g-ned by the sc-r.e persn-n on his b =' LEZLY D. CROWELL (Claimant's Sig7,ature) 1684 East 14th St . , Suite 208 San Leandro, Ca . 94577 680 Center Ave .# 205 , Martinez , Ca . 945-53 ( 510) 483-8044 es e e phone Nc. Tele-,hone ( 510) 228-7206 NOTICE Section 72 of the Penal Cote provides: ":,very person kto, with intent to defraud, presents for al-lo;,.--n--e or for p=v=,ent, to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudu-1ent, claim, bill, acco='., voucher, or ;,Titing, is punishable either by imprison:nent in the county fail for a period of not more tha-n one year, by a fine of not exceetinq . cne tho,4s!-� or by both such imprisonment and fine, or by imprison:-,-Pent. in c— - V r" the state prison, by a fine of not exceedirZ ten thousand dolls-rs 010,000, or bt, ar.,4 fine. e . a�. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA November 14, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $40,000.00 Section 9 d 915.4. Please note all "Warnings". CLAIMANT: Carl Nickens ATTORNEY: Lezly D. Crowell pC� 1 3 1995 1684 East 14th St. , Ste. 208 C()JJtA3gV Vved ADDRESS: San Leandro, CA ....94577 MpF►�14?&t1�RY TO CLERK ON October 10, 1995 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 13, 1995 IVIl Deputy OR, Clerk II. FROM:: County Counsel TO: Clerk of the Board of Supervisors (L4 This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( j Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: `d �/�J —�1 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (--I' This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:�J -J�/ —199.5— PHIL BATCHELOR, Clerk, By-- . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. ////�� Gated: /l�/� _/9�l.S' BY: PHIL BATCHELOR by 14g [�d'�.e..GDeputy Clerk CC: County Counsel County Administrator Claim 'to: BOARD OF SUPERVISORS OF C0h7RA MSTA COUNTY INSTRUCTIONS TO CLAD-11-NT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 19 7 , m.'st be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1958, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2. ) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governe by the Board of Supervisors, rather tt . the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See peraity for fraudulent• claims, Penal Code Sec. 72 at the end of. this f 07 P,E. Clam ar. ) Reserved for Clerk's filing stamp ) CARL NICKENS ) RECEIVED Agnt he tocln y otgntfta Costa or ) CLERK BOARD OF SUPERVISORS District) CONTRA COSTA CO. (Fill 1 in name) ) The undersigned claima:�t hei e•by..makes 'claim a:gaiiZst.`the County of Contra Costa or the above-na)ed District in the sum of $ 40 , 000 . 00 and in support of this claim represents as follows: 1. When did the die or injury occur? (Give exact date and hour) From the time I entered Martinez Jail in Contra Costa Co. May 9 ; 1995 to May 23 , 1995, when I was Hospitalized, and then released three days later . 2. Where did the damage or injury occur? (Include city and county) Martinez County Jail in City of Martinez , co . of Contra Costa . --------------------- -- ---------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) The doctor ' s at the Co . Jail failed and willfully refused to give me the correct medication. They gave me some genric medication which adversley affected me. The medication or lack thereof caused an alergic reaction. I was hospitalized for severe swelling and itching about my arms -mac d-UILd-D'the r-'puY'CS-Tyf n r-17Tdy--------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? They willfully failed and refused to give me the correct medication , swiched medication my body was used to for genric causing me to severely swell mostly about my head and arms . By giving me improper medication and refusing to give me all the medication I needed , I had to be hospitalized (over) 5, Vr.rt are the nes of co=ty or district officers, servants or e=;loyees the damage or inj•.::•'•y? All names are unknown except Dr .James Real who was the doctor at the county jail who refused to give me the pro�cr- medication and/or replaced some of the medication I was to take for -+a=naric�medication WAlbh` caus6d - <_ . k'-at d:.--�age or injuries do you claim resulted? (Give full extent of in jyries or d =aEes claimed. Attach two estimates for au`-o damage. Damages uncertain , severe swelling about my heard and arms mostly, mental distress , pain and suffering,conjestive heart failure and high extremely high blood pressure .. 7.How �;a s the anoun.L claimed above comr.:ted? (Include the estimated aunt of prospective injury or damage. ) Medical $4, 032 . 00; •Pain and suffering $ 16 , 128 . 00 pecuniary damages $19 , 840 . 00 . ---------------------------------------------------------------------------------- F. —BGG and ^n-sses !• it ctcr '� ?;� a .. ad.. � o: witnesses, do., .,. = z^,_ hospitals. D.r . James Real a-t Martinez Co . Jail , Dr . Andrew Schecktman, Merrithen Mem: Hosp. , 2500 Alhambra Ave . , Martinez , Ca . .Tom O 'Neal , Martinez Co. Jail , Jimmie Walker , Collage Lane , Martinez , Ca . , Gayl Reeve , Merrithew Mem. Hosp. Others will be added as discovery progresses . ----------------------------------------------...-------------------------------------- G :.'_S: the ex-,'enzfit'ares y'`-,;i mate- 0 ". acc.-':t of t.n'_S accident or in-:--iry. _ A'r).n All are on! leans i��41, g f Cly Code Sec. 910.2 provides: `. �r,. m,',e c1a._ e�St be signedby the clai:.�.` a .C.• L,, c� pfrs� on his b a l h ,LEZLY D. CROWELL Caica-:t's Sig-.atwre 1684 East 14th St . , Suite 208 San Leandro, Ca . 94577 680 Center Ave .# 205 , Martinez , Ca . 545-53 ( 510) 483-8044 Fddr^ess Telep�:one No. Telephone No: ( 510) 228-7206 i # 1F # # # * # # • # # # # # # i N 0 T I C E Section 72 of the Penal Coc.'e provides: , "Every person keio, with intent to defraud, presents for allow-ance or for payment to any state board or officer, or to any county, city or district boa-rd or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, acco='., voucher, or writing, is punishable either by imprison_men,t in the county jail for a period of not more than one year, by a fine of not exceedir:g one tho•as_.d (�;,0�0) , or by both such imprisonr'e_nt ,and fine, or by imprison:nen,t i- the state prison, by a fine of not exceeding ten thousand dollz^s (?10,000, or by bcth S':c:; `-;r-son--rent a:-.A- fine. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA '" November 14, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $150,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Michael V. Novo ATTORNEY: Richard A. Littorno QCT i q 1995 2980 Railroad Avenue Date received ADDRESS: Pittsburg, CA 94565-5271 cOUffry 8okRY TO CLERK ON October 17, 1995 MARTIN BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QH gg DATED: October 19, 1995 BYIL DeputyLOR, Clerk a II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: o _ 2 q "_ S BY: / Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:_ PHIL BATCHELOR, Clerk, By, , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I decTare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:_ 9 9,� BY: PHIL BATCHELOR by A __,,Deputy Clerk CC: County Counsel County Administrator Glaim 'to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIM ANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp MICHAEL V. NOVO dba _ RECEIVE® & M CONSTRUCTION/BACKHOE- ) ku Against the County of Contra Costa ) OCT 17 M or ) FLOOD CONTROL & WATERCONSMNl� W CLERK BOARD OF SUPOMSORS Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 15 0,, 0 0 0 . 0 0 and in support of this claim represents as follows: -----------------------------------------------------------------------' ------------- 1. When did the damage or injury occur? (Give exact date and hour) ---- Between-October--31 , 1994 and continuing he_present date__ --------- -------- ------------------------- to-t - -------- 2. Where did the damage or injury occur? (Include city and county) See attached Exhibit "A" ------------------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details; use extra paper if required) See attached Exhibit "A" 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? See attached Exhibit "A" (oNer) 5. What are the names of county or district officers, servants or employees causing the damage or injury? Teri Rei Joseph P. Murphy and J. Michael Walford ---------------- --------------What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. See attached Exhibit "A" 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) See attached Exhibit "A" ------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. N/A 9. -List _the-expenditures you made onaccountof this- - accident orinjury------------- - - DATE ITEM AMOUNT See attached Ex�Yib �tt"aA" Gov. Code Sec. 910.2 provides: L,irt kzis�f> da". ; . The claim must be signed by the 'claimant SEND NOTICES TO:_, . str.,i'�Ey)";x�;_. 4 ar b som ers n on his behalf."� Name and Address of Attorney I Richard A. Littorno- Law Offices of Richard A. Litt )rno aimant's Signature 2980 Railroad Avenue I Pittsburg, CA 94565-5271 Address Telephone No. ( 510 ) 4321-4731 Telephone No. N 0 T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars {$10,000, or by both such imprisonment and fine. 1 RICHARD A. LITTORNO #115037 ATTORNEY AT LAW 2 2980 Railroad Avenue Pittsburg CA 94565 3 Telephone : (510) 432-4731 Facsimile: (510) 432-0878 4 Attorney for Plaintiff 5 MICHAEL V. NOVO, dba V & M CONSTRUCTION/BACKHOE 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF CONTRA COSTA 8 9 MICHAEL V. NOVO, dba CASE NO. V & M CONSTRUCTION/BACKHOE 10 COMPLAINT FOR Plaintiff, BREACH OF CONTRACT, 11 DECLARATION RELIEF AND COMMON COUNTS 12 vs . 13 CONTRA COSTA COUNTY FLOOD CONTROL 14 AND WATER CONSERVATION DISTRICT, and DOES 1 through 100, inclusive, 15 Defendants . 16 / 17 Plaintiff alleges against all defendants as follows : 18 FIRST CAUSE OF ACTION 19 (Breach of Contract) 20 1 . Plaintiff MICHAEL V. NOVO, dba V & M CONSTRUCTION/BACKHOE 21 is, and at all times herein mentioned was, duly licensed by the 22 Contractors ' State License Board of the State of California to 23 conduct business as a general engineering contractor, license 24 number 397350, within this State and to engage in the work 25 hereinafter described. 26 27 28 1 1 2 . Defendant Contra Costa County Flood Control and Water 2 Conservation District (hereafter "CONTRA COSTA COUNTY" ) is, and at 3 all times herein mentioned was, a political subdivision existing 4 under the laws of the State of California. 5 3 . Plaintiff is ignorant of the true names and capacities of 6 defendants sued herein as DOES 1 through 100, inclusive, and 7 therefore sues these defendants by such fictitious names . 8 Plaintiff will amend this Complaint to allege their true names and 9 capacities when ascertained. 10 4 . Plaintiff is informed and believes that each defendant 11 herein is an agent and employee of each of their co-defendants, 12 including but not limited to CONTRA COSTA COUNTY, and each of them 13 proximately caused plaintiff ' s damages as herein alleged while 14 acting in such capacity of agency and/or employment . 15 5 . On or about June 21, 1994, the (Contra Costa County) Board 16 of Supervisors, as the governing body of defendant CONTRA COSTA 17 COUNTY awarded a written contract to plaintiff based on plaintiff ' s 18 bid as the "lowest responsive and responsible bid" in which 19 plaintiff agreed to provide all labor and materials and to 20 construct certain storm drain pipes, drainage inlets, manholes and 21 other improvements for the project known as Drainage Area 40A Storm 22 Drain Improvements, Martinez, Area, Project No. 7565-608420-93 23 (hereinafter "the Project") , situated in and adjacent to the City 24 of Martinez, Contra Costa County, California. 25 6 . Defendant agreed to pay plaintiff the total initial sum of 26 $407, 168 . 00 in progress payments more or less, in accordance with 27 finished quantities at unit prices, for plaintiff ' s performance 28 2 1 under the Contract . A copy of the Contract together with the 2 pertinent plans and specifications is attached to and incorporated 3 into this Complaint as Exhibit A (hereinafter "the Contract") . 4 7 . Commencing on August 2 , 1994, and repeatedly at various 5 times thereafter, plaintiff and subcontractors of plaintiff were 6 directed by Teri Rei, Resident Engineer, and other representatives 7 of defendant (CONTRA COSTA COUNTY) to perform so-called "Extra 8 Work" neither specified nor originally contemplated under the 9 Contract . 10 8 . Pursuant to these numerous directions and in a cooperative 11 spirit, plaintiff and plaintiff ' s subcontractors, in good faith, 12 diligently performed this Extra Work. 13 9 . Defendant CONTRA COSTA COUNTY also required and insisted 14 that plaintiff deviate innumerous material respects from the plans 15 and specifications incorporated into the Contract . Plaintiff and 16 plaintiff ' s subcontractors encountered many differences, 17 inaccuracies and discrepancies between the plans and specifications 18 in the Contract and the conditions present at the respective job 19 sites in the Project . These differences, inaccuracies and 20 discrepancies required many changes in the scope and character of 21 the work required at the Project, necessitating much extra labor, 22 services and materials to be furnished by plaintiff, and which were 23 actually furnished and used in said construction of the 24 improvements described herein, whereby the cost of said 25 improvements was substantially increased. All of said Extra Work 26 and materials were furnished and supplied by plaintiff at the 27 special insistence and request of defendants, and each of them. 28 3 1 10 . Plaintiff has performed all conditions, covenants, and 2 promises under the Contract required to be performed on his part, 3 with the exception of those conditions, covenants and promises 4 under said Contract which it is excused from performing. Defendant 5 has wrongfully withheld payments earned both under the initial 6 Contract terms and for Extra Work thereunder. 7 11 . On or about October 31, 1994, defendant breached the 8 Contract by, among other things, failing to timely furnish 9 accurate and sufficiently detailed plans and specifications to 10 plaintiff; failing to make prompt decisions regarding 11 interpretation and modifications of plans and specifications; 12 requiring unreasonable time in making inspections in connection 13 with the work in progress; failing to deploy experienced and 14 competent personnel to make inspections of and otherwise direct the 15 work in progress; failing to approve materials to be used in the 16 Project within a reasonable time; failing to accept or timely 17 accept certain improvements upon completion; demanding from 18 plaintiff certain Extra Work on numerous items not specified under 19 the Contract without compensating plaintiff therefor as promised; 20 failing to properly add additional work days to the Contract as 21 necessitated by inclement weather, right-of-way delays, 22 misidentified or unidentified utility and other lines and 23 structures, appropriate time for plaintiff ' s mobilization and 24 remobilization due to delays beyond plaintiff ' s control and/or 25 unforseen to all parties; and certain other wrongful acts and 26 omissions to be specified according to proof . 27 28 4 1 12 . As a result of defendant ' s breach of the Contract, 2 plaintiff has suffered damages in an amount according to proof at 3 trial . 4 13 . On or about April 14, 1995, and at other times 5 thereafter, plaintiff made demand on defendant CONTRA COSTA COUNTY 6 for the payment of his total damages as set forth herein, but, 7 despite assurances to the contrary, defendant has failed and 8 refused and still fails and refuses to pay the sum, and the whole 9 sum remains due, owing, and unpaid. 10 WHEREFORE, plaintiff prays for judgment against defendants, 11 and each of them, as hereinafter set forth. 12 SECOND CAUSE OF ACTION 13 (Declaratory Relief) 14 Plaintiff alleges against all defendants : 15 14 . Plaintiff incorporates by reference paragraphs 1 through 16 13 , inclusive, as though fully set forth herein. 17 15 . Plaintiff alleges on information and belief that the 18 damages described herein are the result of the CONTRA COSTA 19 COUNTY' S refusal to recognize plaintiff ' s regular work under the 20 Contract and requested Extra Work or by other conduct as yet 21 unknown to plaintiff . 22 16 . An actual controversy has arisen and now exists between 23 plaintiff and all defendants concerning their respective rights and 24 duties under the above-described Contract and for Extra Work claims 25 in that plaintiff contends the above-described claims are valid and 26 plaintiff is entitled to both regular and additional compensation 27 under the terms of the Contract, and for recognition that the 28 5 1 Project is complete, whereas defendant CONTRA COSTA COUNTY has 2 denied plaintiff ' s claims and contends that no further compensation 3 is due to plaintiff . 4 17 . Plaintiff desires a judicial determination of his rights 5 and duties and a declaration as to which party' s interpretation of 6 the Contract and Extra Work claims is correct . 7 18 . A judicial declaration is necessary and appropriate at 8 this time under the circumstances in order that plaintiff may 9 ascertain his rights and duties under the Contract . Until these 10 rights and duties are determined, plaintiff will be unable to 11 determine whether or not he is entitled to compensation for both 12 regular and "Extra Work" under the Contract from defendant CONTRA 13 COSTA COUNTY and/or other defendants and whether or not the Project 14 is complete . 15 WHEREFORE, plaintiff prays for judgment against defendants, 16 and each of them, as hereinafter set forth. 17 THIRD CAUSE OF ACTION 18 (Common Counts) 19 Plaintiff alleges against all defendants : 20 21 19 . Plaintiff hereby incorporates by reference paragraphs 1 22 through 18 , inclusive, as though fully set forth herein. 23 20 . Within the last two years plaintiff furnished work and 24 materials at the special insistence and request of defendants, and 25 each of them, and for which the amount of approximately $150, 000 . 00 26 is presently due and owing for said furnished work and materials . 27 Although repeated demands have been made on said defendants for 28 6 1 payment of this sum, nothing has been\,paid on said balance of 2 indebtedness and the sum of $150, 000 . 00 plus interest at the legal 3 rate from and after April 14, 1995, is now due and owing from 4 defendants, and each of them, to plaintiff . 5 WHEREFORE, plaintiff prays judgment against defendants, and 6 each of them, as hereinafter set forth: 7 PRAYER 8 FIRST AND THIRD CAUSES OF ACTION: 9 1 . For general damages in a sum in excess of the 10 jurisdictional requirements of this Court and according to proof; 11 2 . For prejudgment interest at the legal rate of ten percent 12 (100) per annum according to proof; 13 3 . For special damages in an amount according to proof; 14 4 . For costs of suit herein incurred; 15 5 . For additional damages for defendant ' s failure to 16 compensate plaintiff for all Extra Work performed by him on the 17 project in a sum according to proof; 18 6 . For reasonable attorney' s fees; and, 19 7 . For such other and further relief as this Court may deem 20 just and proper. 21 SECOND CAUSE OF ACTION: 22 1 . For declaration by this Court of the respective rights and 23 duties of the parties under the Contract at issue herein, 24 including, but not limited to, plaintiff ' s claims for regular 25 compensation and compensation for Extra Work under the Contract, 26 and for a declaration that the Project is complete. 27 2 . For costs of suit herein incurred; and, 28 7 1 3 . For such other and further relief as this Court may deem 2 just and proper. 3 4 Dated: October 2 , 1995 5 6 LAW OFFICES OF RICHARD A. LITTORNO 7 8 9 by: VRIRDLITTORNO 10 for Plaintiff . NOVO, dba 11 STRUCTION/BACKHOE 12 13 novo.com 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 EXHIBIT "A" CONTRACT (Contra Costa County Standard Morin Construction Agreement) 1. SPECIAL TERMS. These special terms arc incorporated below by reference. (Sec Secs.2,3) Parties: Public Agency--Contra Costa County flood Control and Water Conservation District Contractor--V&M Construction/Backhoc Effective Date: July 6, 1994 (Sec Section 4 for starting date.) (Sec Sec.3) Project Name,Number and Location: Drainage Area 40A Storm Drain Improvements,Project No.7565-6DB420-93; located in the Mountain View arca of Martinca. The work consists of installing storni drain pipes, drainage inlets and manholes all in accordance: with the Plans, Drawings,Special Provisions and/or Spccifiaz[ions prepared by or for the Chief isngineer and in accordance with the accepted Bid Proposal. (Sec Sea 4) Completion Time: Within 65 working days from starting data (See Sec.5) Uquidalod Damages. $500.00 per calendar day. (Sec Sea 6) Public Agcncy's Agcnt: Chid Engineer (Sec Sec.7) Contract Price: $407,166.00 more or less,in acco�rd�arnlce with finished quantities at unit bid prices. (Sec Sea 8) federal Taxpayer's I.D.or Social Security No. ^�1 12-724 0S�5 2. SIGNATURES&ACKNOWLEDGEMENT. Public Agency,By: J,Michael Walford, Chief Engineer Contractor,hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers'Compensation Law, y� (Designate official capacity in the business) By. (Designate official capacity in the business) Note to Contractor. For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board, president or vice president; the second signature must be that of the secretary,assistant sccretaty,chief financial o0tccr or a:.sistara tea sur er. (Civil Code,Section 1190 and Corporations Code,Section 313.) T'lrc acknowlcdgmcat below must be signed by a Notary Public. CERTTfICr11U OF ACKNOWLEDGMENT` State of California ) County of On the date written below,before me,the undersigned Notary Public,personally appeared the person(.-)signing above for Contractor,personalty known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/arc subscribed to the within instrument aad acknowledged to me that he/she/threy executed the same in lik/tier/their authorized capacity(ic-s),and that by his/her/their signatures)on the instrumcul the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. VJrIN=my hand and official seal. Dated: (Notary's Seal) (Notary Public) (Page 1 of 4) 3. WORK CONTRACT,CHANGES. (a) By their signatures in Section 2,effective on the above(laic,these parties promise and agree as set forth in this contract,incorporating by these references the material in Section 1,SPECiAL'MRMS. (b) Contractor shall,at his own cost and expense,and in a workmanlike manner,fully and faithfully perform and complete the work;and will furnish all materials,labor,service--,and transportation necessary,convenient and proper in order Curly to perform the requirements of this contract,all strictly in accordance with the Public Agency's plans,drawings and specifications and in accordance with the accepted bill prolxual. (c) 'llte work can be changed only with Public Agency's prior written order specifying such changc mid its cost agreed to by lire parties; and the Public Agency shall never have to pay more than specified in Section 7, PAYME-MI',without such an order. 4. T1ME; NOTiCE'1'O PROCEED. Contractor shall start this work as directed in the specifications or the Notice to Proceed; and shall complete it as specified in Section 1,SPECIAL IURMS. 5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the lime fixed lhcrcfor,allowance being made for contingencies as provided herein,lie becomes liable to the Public Agency for all its loss and damagc therefrom;and because,from the nature of the case,it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual d:unage from any delay in performance hereof,it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum sp ccificd in Section 1,SPECIAL TERMS, (lie result of the parties'reasonable endeavor to estimate fair average compensation therefor,for each cAcuelar day's delay in finishing said work;and if the same be not paid,Public Agency may,in addition to its other remedies,deduct the same from any money duc or to become duc Contractor under this contract. If the Public Agency for any cause aulhoriaes or contributes to a delay,suspension of work or extension of time, its duration shall be added to the time allowed for completion, but it shall not be deemed a waiver icor be used to defeat any right of clic Agency to damages for non- contplction or delay hereunder. Pursuant to Government Code Section 4215,the Contractor shall nol be assessed liquidated dam:agcs for delay in completion of the work,when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. G. INTEGRATED DOCUMENTS. The plans,drawings and specifications or special provisions of the Public Agency's call for bids,and Contractor's accepted bid for this work arc hereby incorporated into this contract;and they are intended to cooperate,so that anything exhibited in the plans or drawings and not mentioned in the specifications or special provisions,or vice versa, is to be executed as if exhibited;mentioned and set forth in both,to the true intent and meaning thereof when taken all together;and differences of opinion concerning these shall tic finally dctcrmincd by Public Agency's Agent specified.in Section 1,SPECiAL1L'RMS. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions,and as full compensation for all this work,the Public Agency shall pay the Contractor the sum specified in Section 1,SPECiAL 117AMS,except that in unit price contracts that payment shall I>c for finished quantities at unit bid prices. (b) On or about the first of each calendar month,the Contractor shall be paid for all work done through the 15th of the preceding calendar month, as determined by Public Agency,minus 10116 thereof pursuant to Public Contract Code Section 9203,but not until defective work and materials have been removed,replaced,and made good. S. PAYMENTS wmii-iELD. (a) The Public Agency or its Agent may withhold any payment,or because of later discovered evidence nullify all or any certificate for payment,to such extent and period of time only as may be necessary to protect(hc Public Agency from loss because of: (1) Defective work not remedied,or uncompleted work,or (2) Claims filed or reasonable evidence indicating probable riling,or (3) Failure to properly pay subcontractors or for material or labor,or (4) Reasonable doubt that the work can be completed for tltc.balancc then unpaid,or (5) Damage to another contractor,or (G) Damage to the Public Agency,other than damage duc to delays, (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor,as the work progresses,the materials and labor which arc not satisfactory to it,so as to avoid unnecess<-try trouble or cost to the Contractor in making good any defective work or parts. (Page 2 of 4) (e) 35 calendar days after the Public Agency files its notice of completion of the entire work,it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract,provided the contractorshows that all claims for labor and materials have been paid,no claims have been presented to the Public Agency based oil acts or omissions of Ilia Contractor,and no liens or withhold notices have been Glad against the work or site,and provided there are not rcasonablc indications of defective or missing work or of late-recorded notices of lien or claims against Contractor. 9. INSURANCE. (Labor Code Secs. 1860-61) On signing this contact,Contractor must give Public Agency (1) a certificate of consent to self-insure issued by the Director of Industrial Relations,or (2) a certificate of Workers'Compensation insurance issued by an admitted insurer, or (3) an exact copy of duplicate thcrcof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Section 3700 and the Workers' Compensation Law. 10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval g(xA and sufficient bonds with surclic.-, in amount(s)specified in the specifications or special provisions,guaranteeing his faithful performance of this contract and his payment for all labor and materials hcrcundcr. 11. FAILURE TO PERFORM. If the Contractor at any tine refuses or neglects,without fault of file Public Agency or its agcnt(s),to supply sufreicnl materials or workmen to complete this agreement and work as provided Iacrcin,for a Ile Hod of 10 days or more after written notice thereof by the Public Agency, clic Public Agency may furnish sane and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognize the applicability of various federal,state and local laws and regulations,especially Chaptcr 1 of fart 7 of the California Iabor Code(beginning with Section 1720,and including Sections 1735,1777.5,and 1777.6 forbidding discrimination)and intend that this agreement complies.therewith. 'ILc parties specifically stipulate.that the relevant penalties and forfeitures provided in the C nlxu Code, e-.pecially in Sections 1775 and 1813,concerning prevailing wages and homy,shall apply to this agreement as though fully stipulated herein. 13. SUBCONTRACTORS. Public Contract Code Sections 4100-4114 arc incorporated herein. 14. WAGE RATES. (a) Pursuant to labor Code Section 1773,the Director of the Department of Industrial Relations has ascertained the general prevailing rales of wages per diem,and for holiday and overtime work, in the locality in which this work is to be performed,for each craft, classification,or type of workman needed to execute this contract,and said rales arc as specified in the call for bids for this work and arc on file with the Public Agency,and arc hereby incorporated herein. (b) This scimedule of wages is based on a working day of 8 houts unless otherwise specified;and the daily rate is the hourly rate multiplied by the number of hours constituting the working day. When less than that number of hours are worked,the daily wage rate is proportionately reduced,but the hourly rate remains as stated. (c) The Contractor,and all his subcontractors,must pay at least these rates to all persons of this work,including all travel,subsistence,and fringe benefit payments provided for by applicable collective bargaining agreements..All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agrecmenl for such labor in the locality where such work is being performed. If it becomes necessary for the Contractor or any subcontractor to employ any person in a craft,classification or type of work(except executive,supervisory,administrative,clerical or other non-manual workers as such)for which no minimum wage rate is specified,lite Contractor shall immediately notify the Public Agency which shall apply from the time of the initial employment of(lie petson affected and during the continuance of such employment. 15. 1IOURS OF LABOR. Eight hours of labor in one calendar day constilutes a legal day's work,and no workman employed at any lime on this work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in labor Code Sections 1810-1815. 16. APPRENTICES. Properly indentured apprentice--.may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6,forbidding discrimination. (Page 3 of 4) 17. PREIq[:RENCE FOI2 MATERIALS. Tltc Public Agency desires to promote the industries and economy of Contra Costa county,and the Contractor therefore promise--,to use the products,workmen,laborers and utechauics of this County ill every ecce where the price,fitrtecs and quality arc equal. 18. ASSIGNMENT'. The agrccmcnt binds the heirs,successors,assigns;and representalivcs of the Contractor,but lie cannot assign it in whole or in part, nor any monies due or to become due under it,without the prior written consent of the Public Agency and the Contractor's surety or sureties,unless they have waived notice of assignment. 19. NO WAIVE-it 13Y PUBLIC AGENCY. Inspcctionofthcworkand/ormatcrials,orapprovalofworkarad/ormatcrialsiuslectcd,orstatcmcnt by any officer,agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of payments therefor, or any combination of these acts,shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped front bringing any action for damages or enforcement arising from the failure to comply with any of the terms and amditions hereof. 20. HOLD HARMLESS AND INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this section. (b) Tltc indemnitees benefited and protected by this promise arc the Public Agency and its elective and appointive boards,commissions,officers, agents and employees. (c) The liabilities protected against arc any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,including personal injury,death,property damage,inverse condemnation,orally combination of these,regardless of whether or not such liability,claim or damage was unforeseeable at any time completed,and including the defense of any suit(s)or actions)at law or equity concerning these. (d) The actions causing liability arc any actor omission(negligent or nou-ncgligcnt)in connection with the matters covered by this contract and attributable to the contractor,subcontractor(s),or any officer(s),agent(s)or,cmploycc(s)of one or more of them. (c) Non-Conditions: Tltc promise and agreement in this section is not conditioned or dependent oil whether or not any indemnitee has prepared, supplied,or approval any plan(s),drawing(s),specifications)or special provision(s)in connection with this work,has insurance or other ilid enanificatiou covering any of these matters,or that the alleged damage resulted partly front my negligent or willful misconduct of any indemnitee. 21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6705,if applicable,by submitting to Public Agency a detailed plan showing the design of shoring,bracing,sloping,or other provisions to be made for worker protection from the hazard of caving ground during trench excavation. 22. RECORD IIETENTTON. Except for records delivered to Public Agency,Contractor shall retain,for a period of at least five years after Contractor's receipt of the final payment under this contract,all records prepared in the performance of this contract or otherwise pertaining to the work,including without limitation bidding,financial and payroll records. Upon request by Public Agency,Contractor shall make such records available to Public Agency,or to authorized representatives of the slate and federal govcrnntculs,at no additional charge and without restriction or limitation on their use. 23. CONFLICT WITH BID. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this contract and the bid or proposal of said Contractor, then this contract shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith. \tt FORM APPROVED by County Counscl. (CC-1;Rev.2-92) C\wp51\WORKWA40A.CNT (Page 4 of.4) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of CONTRA COSTA On JULY 5, 1994 before mc, SANDRA M. ALVARENGA, NO'J'ARY PUBLTC DATE NAME,TrrLE OF OI-FICER-GIG.JANE DOE, NOTAIZY PUBLIC MICHAEL V. NOVO personalty appeared NAME(S)OF SIGNER(S) ® Personally known to me- OR- ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by _ _ �.. ...-••-. *�- his/her/their signaturc(s) on the instrument the person(s), or w SANDRA tA. ALVARENGA the-entity upon behalf of which the person(s) acted, executed O_ comm. 0895297 m the instrument. in : �� NOTARY PLIOLIC CALIFORNIA -V CONTRA COSTA COUNTY .. My carnet.Expires Oct.16. 1994 WITNESS my hand and official scat. A162- SIGNATURE OF NOTARY Q Q Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this forth. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE FINAL BOND-PERFORMANCE/PAYMENT TrrLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES (D OTHER: OWNER July 6, 1994 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) V & M CONSTRUCTION/BACKHOE SIGNERS) OTHER THAN NAMED ABOVE C, �2- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA November 14, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $50,000.00 Section 913 "Warnings". CLAIMANT: Michelle Jones on Behalf of Naomi Jones OCT 1 3 1995 ATTORNEY: Lionel K. Hvolboll COUNTY COUNSEL 1237 Castro St. Date received MARTINEZ CALIF ADDRESS: Martinez, CA 94553 BY DELIVERY TO CLERK ON October 10, 1995 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 13 1995 QQHHIL BATCHELOR, Clerk / BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 0 "(3 S BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓� This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 9'7-5' PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney. you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: ( (— 16- — q q S BY: PHIL BATCHELOR byvJV Deputy Clerk CC: County Counsel County Administrator . RECEIVED << CLAIM OF MICHELLE JONES ON BEHALF OF NAOMI OCT 10 �� JONES AGAINST THE COUNTY OF CONTRA COSTA CLERK BOARD OF SUPERVISOR8 CONTRA COSTA CO. I am the mother of Naomi Jones, and make this claim on her behalf because of her being a minor born January 21, 1988, and therefore of the impressionable age of seven. I am the prospective guardian ad litem. Claimant is aware of the six month period within which to make claims for personal injuries against municipalities. ,The undersigned claimant hereby makes claim against the County of Contra Costa in the sum of$50,000, and in support of this claim represents as follows: 1. This incident occurred on April 10, 1995 at the hour of 1:00 P.M., or shortly thereafter, and continued for some hours thereafter. 2. This injury occurred at 103 Trelany Road, Pleasant Hill, California. 3. The damage or injury occurred when the police of Pleasant Hill opened fire on Michael Covey, firing seventeen rounds of ammunition. He did not fire any rounds, and.but one shell casing fitting his gun was found anywhere on the premises. The casings from the rounds fired by the police were found. There is a "full' report by the Pleasant Hill Police Department. My husband makes the following statement as to the occurrence. "I was suicidal, I had taped a pistol to my hand. I had turned on the gas, I was going to shoot myself. The police threw tear gas into the house. I could not get the weapon unwrapped from my hand, but because of the tear gas, I had to leave the house. I came out of the house with my hands in the air, stating that I gave up. The policeman immediately in front of me did not fire. There was fire from an automatic weapon, and other weapons. I was hit four times, I then fell to the ground with my hands outstretched. While lying thus on the ground, three more rounds were pumped into my body. This seems like excessive force to me, and in fact it seems page one of three pages to me like attempted murder. I do not know why I was not hit seventeen times, this all happened in the back yard of the place where we were living. I have no history of violent behavior. Even the scars from the shots, and the necessary operations, constitute permanent physical damage. Internal affairs considers that that this firing was justified, I disagree, and make claim for damages done me." 4. The shooting caused severe damage, and constituted excessive force. I and my children were traumatized by the entire incident, including the way that the police entered our dwelling. 5. The names of the officers involved: Detective Thomas Conger of the Contra Costa County Sheriff's Department, in charge of operations. 6. The form requests a statement as to what damages or injuries do you claim resulted? My answer is that Naomi suffered mental distress resulting in inability to sleep, and bad dreams of police when she did sleep. 7. The above amount of$50,000 is a conservative estimate based on recent jury verdicts where police have used excessive force, and the wife and children are present when.the force is used. 8. The form requests names of witnesses, doctors and hospitals. Naomi has not yet seen a doctor, because I thought that the mental distress would subside, but it is continuing. See the report of the police department for names of people who were involved. page two of three pages P 9. To date there are no expenses for medical treatment involved in Naomi's condition . Govt. Code Section 910.2 provides: The claim must be signed by the claimant or by some person on his behalf. Michelle Jones, on behalf of Naomi Jones Name ddress and telephone number of Attorney: Lionel K. Hvoll6oll Attorney at Law 35372 1237 Castro Street Martinez, CA 94553 510-228-8437 FAX 510-228-5139 page three of three pages CLAIM C BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA November 14, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $50,000.00 Section 913 and ease nsu "Warnings". CLAIMANT: 1-Iichelle Jones on Behalf of Garrett Jones OCT 1 3 1995 ATTORNEY: Lionel K. Hvolboll COUNTY COUNSEI. 1237 Castro St. Date received MARTINEZCA-' " ADDRESS: Martinez, CA 94553 ' BY DELIVERY TO CLERK ON October 109 1QA5 BY MAIL POSTMARKED: Hand Del ivPrarl I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 14 1995 QQHHIL BATCHELOR, Clerk 81': Deputy �� ", II. FROM- County Counsel TO: Clerk of the Board of Supervisors (— ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: y County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Q_Q,��, Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: ( (— 15- IcJ9jq� BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator RECEIVED`�� = OCT 10 LO CLAIM OF MICHELLE JONES ON BEHALF OF GARRETT CLERK BOARD OF SUPERVISORS JONES AGAINST THE COUNTY OF CONTRA COSTA CONTRA COSTA CO. am the mother of Garrett Jones, and make this claim on his behalf because of his being a minor born October 1, 1993 and therefore . of the impressionable age of two. I am the prospective guardian ad litem. Claimant is aware of the six month period within which to make claims for personal injuries against municipalities. The undersigned claimant hereby makes claim against the County of Contra Costa in the sum of$50,000, and in support of this claim represents as follows: 1. This incident occurred on April 10, 1995 at the hour of 1:00 P.M., or shortly thereafter, and continued for some hours thereafter. 2. This injury occurred at 103 Trelany Road, Pleasant Hill, California. 3. The damage or injury occurred when the police of Pleasant Hill opened fire on Michael Covey, firing seventeen rounds of ammunition. He did not fire any rounds, and but one shell casing fitting his gun was found anywhere on the premises. The casings from the rounds fired by the police were found. There is a "full" report by the Pleasant Hill Police Department. My husband makes the following statement as to the occurrence. "I was suicidal, I had taped a pistol.to my hand. I had turned on the gas, I was going to shoot myself. The police threw tear gas into the house. I could not get the weapon unwrapped from my hand, but because of the tear gas, I had to leave the house. I came out of the house with my hands in the air, stating that I gave up. The policeman immediately in front of me did not fire. There was fire from an automatic weapon, and other weapons. I was hit four times, I then fell to the ground with my hands outstretched. While lying thus on the ground, three more rounds were pumped into my body. This seems like excessive force to me, and in fact it seems page one of three pages to me like attempted murder. I do not know why I was not hit seventeen times, this all happened in the back yard of the place where we were living. I have no history of violent behavior. Even the scars from the shots, and the necessary operations, constitute permanent physical damage. Internal affairs considers that that this firing was justified, I disagree, and make claim for damages done me." 4. The shooting caused severe damage, and constituted excessive force. I and my children were traumatized by the entire incident, including the way that the police entered our dwelling. 5. The names of the officers involved: Detective Thomas Conger of the Contra Costa Sheriff's Department was the officer in charge of the operation. 6. The form requests a statement as to what damages or injuries do you claim resulted? My answer is that Garrett suffered mental distress resulting in inability to sleep, and bad dreams of police when he did sleep. 7. The above amount of $50,000 is a conservative estimate based on recent jury verdicts where police have used excessive force, and the wife and children are present when the force is used. 8. The form requests names of witnesses, doctors and hospitals. Garrett has not yet seen a doctor, because I thought that the mental distress would subside, but it is continuing. See the report of the police department for names of people who were involved. page two of three pages 9. To date there are no expenses for medical treatment involved in Garrett's condition . Govt. Code Section 910.2 provides: The claim must be signed by the claimant or by some person on his behalf. Michelle Jones, on behalf of Garrett Jones Name , Address and telephone number of Attorney.- Lionel ttorney:Lionel K. Hvo boll Attorney at Law 35372 1237 Castro Street Martinez, CA 94553 510-228-8437 FAX 510-228-5139 page three of three pages CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA November 14, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on,your claim by the Board of Supervisors !�. graph IV below), given pursuant to Government Code Amount: $5,000,000.00 ,—Son 913 and 915.4. Please note all "Warnings". CLAIMANT: Michael Covey, et al. .J 05 ATTORNEY: Lionel K. Hvolboll C0u��YFZw�s�t 1237 Castro St. Date received ADDRESS: Martinez, CA 94553 BY DELIVERY TO CLERK ON October 10, 1995 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PPHHIL BATCHELOR, Clerk DATED: October 13, 1995 BY: Deputy q _ II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( tf This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: J O X13 —cf BY: — Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓ ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: /'7 9.5_ PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: II_ (5 _19 15" BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Clam 'to: BOARD OF SGPERVZSORS OF CONMA COSTA COUNTY INSTRDCTIONS TO CLAJYA-NT A. Clam relating to causes of action for death or for injury to person or to per- sonp-i property or growing crops and which accrue on or before December 31, 1937, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1936, must be presented not later than s_ after the accrual of the cause of action. Cli ng any other cause of action mast be presented not later, than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Clams must be filed with the Clerk of the Board of Supervisors at itsroffice in Room 106, County Administration Building, 651 Pine Street,_ martinez4 CA 94553.. C. If clam is against a district governed by the Board of Supervisors, rather thy.^ the County,. the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed arairst each public entity. E. Fraud. See penalty for fraudulent ela!z.7:, Penal Code Sec. 72 at the end of this so ET P,E: Clair- By ) Reserved for Clerk's filing stamp Michael Covey 2_'ec ) 4; RECEIVED Against the County of Contra Costa ) WF Iola or ) Detective Thomas Conger of the Sheriff ' s_ Department District) KCpNTRAOF COSTA UPERV`SORS r-iii in na.ce� _) T7 .t,dersired claimant hereby makes claim, against the County of Contra Costa or theabove-ra d Dis rict in the su✓ of $ „5,, 000, non _ oo and in support of this claim represents as follows: ------------------------------------------..___--- 1. When did the damage or injury occur? (Give exact date and hour) April 10, 1995 at 1 :00 P.M. -------------------------- --------------------------------------- 2, Where raid k*,he dama&e or injury occur. (Include city and county) 103 Trelany Road, Pleasant Hill, California __._.._------------------------------ --- - 3. Now did the damage or injury occur? (Give full details; use extra paper if required) The Pleasant Hill police fired 17 rounds of ammunition at claimant, seven of which struck him. The Pleasant Hill police were under the directiuon of Detective Thomas Conger of the Contra Costa County Sheriff ' s Doparti?�flt .4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The striking of the bullets into the body of the claimant did severe damage. (over) _ � o 5. k:Lt are the res of county or district officers, servants or employees causing the da Ee or in ju.^y? Detective Thmas Conger ----- E. Wnat damage or injuries do you claim resulted? (Give full extent of -injuries or damages claimed. Attach two estimates for auto damage. All of the bills for this treatment are not presently available, but John Muir Hospital__s bill alone is excess of $75, 000 ------ -----------���- ------------------ 7. Hou was the amount claimed above comp-:ted? (Include the estimated amount of. any prospective injury or dare. ) Recent Jury Verdicts ------------------------------------------------------------------------------------- �. N_Es and a:44-resses of witnesses, doctors and hospitals. ygnacio Pathology Medical Group, Merithew Hospital, John Muir Hospital, there were many others, I don' t know, ` my attorney will get them all ------------------------------------------------------------------------------------- G :..St the EXr'E' '1 es yo.; Lc=e On a=I " of this accident or irijx— see above. Total�medica�T wiTITI probably exceed $200, 000 G-%-. Code Sec. 910.2 provides: cla:_ cry` be sig-�ed by the claiRa-.` or t- s�-.e pers= on his be-_, f." 1 = _ an:: Cf n .. I LIONEL K. HVOLBOLL. Attorney at Law 35372 lai�a-:t's Signzture 1237 Castro Street Presently in custody at artinez Detention Md.rlririgz= CA 9455.3 lit Cell Block B 1 0-0 CC_ -ard4S-t-Fee.t Telephone 510-228-8437 fdWress Martinez, CA. 94553 FAX 228-5139 Telept cne rc. Telephone N0 ii W ■ * II It f ., R it Z R 79 u _ ac w _ .. - _ . r w « .: .. « « ..—4 .....y-7 4 t it NUTICE Section 72 of the Feral Code provides: "Every person �e-,o, with intent to defraud, presents for allouance or, for payment* to any state board •or officer, or to any county, city or district board or officer, authorized to allow or pay -the same if genuine, any false or fraudulent claim, bill, a=cou.t, voucher, or uTiting, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding cne. thousand (°1,000), or by both. such imprisonment and fine', or by imprisonment in the state prison, by a fine of not ex:�ee� ng ten thousand dolly^s ($10,000, or by fine. -r• a DECLARATION OF MICHELLE JONES IN SUPPORT OF CLAIMS OF HER FAMILY I am the wife of Michael Covey and the mother of Naomi Jones, age 7, and Garrett Jones, age 2. claim is made as a result of injuries resulting from the incident described below: On Monday, April 10, 1995, my husband, our son and I had just arrived home from getting Naomi at school, this was about 2:00 P.M., as I remember it. We told Naomi to clean up her room. We were in the living room when we heard loud shouting and screaming outside of our house. Mike said, "It is a raid, get the kids and get out." Shortly thereafter, I heard something pounding in my door. I assumed that it was the police, so I opened the door to protect my self and my children. I did not hear anyone state that it was the police that were attempting to break down my front door. I saw five or six policemen with their guns.drawn. They asked if there was anyone else in the house, and I said that Naomi was in her room. Naomi has said that a policeman came into her room with his gun drawn and told her to get down, and that no one would get hurt, so she hid under her bed. I started to close the door to go and get Naomi when I was told to reopen the door and to come out as I was. I was grabbed by the arm My two year old son was in my arms. He was crying. One policeman said, Shut that f------g kid UP." The police said that they would get Naomi, and bring her to me. The police took me to a patrol car to wait for he. At that time I felt about three police officers rush behind me and into the house. It took about twenty to thirty minutes before they brought Naomi out. When Naomi was brought out they put the three o us in a patrol car. They drove us around the block to the Grand Auto parking lot. They took us out of the car and had us to sit on the sidewalk. They handcuffed me, and had Naomi see that Garrett did not run out in the street. A policeman came over to me and asked if I thought I could talk my husband into coming out of the house peacefully I said that I -did not know if I could. They took my children (I believe to the Pleasant Hill Police Department). They had me sit in the back of an ambulance and draw a diagram of the house. I was kept at this location until about 4:30 or 5:00 P.M. I was taken to the Pleasant Hill Police Department and placed in a holding cell. Both my mother and I were begging the police to let us see if we could not get my husband to come out of the house. They kept saying that they would pass the message on One policeman told another that I had spoken with my husband on the phone. I denied this, saying that I had not been allowed to speak with him I pleaded to be allowed to do so, to no avail. The police just brushed off my requests. A black officer came into the department and told me that my husband had been hit seven times. He took me into a room and questioned me, and then I was put back into the holding cell. I fell asleep, and at about 2:00 or 2:30 A.M. .I was Iawakened by Detective Gordon and two other officers for further questioning. I was informed that they were taping the interview, but that it would not be used as evidence. I was interrogated for about two hours, or more, they 4 continued to ask me the same questions, over and over again, changing the questions only slightly.. After that my mother, her friend James and I were taken to the Martinez detention facility and booked. Some police came in and were speaking with the people behind the desk, telling them about how Mike was shot, poking fun at the situation, and demonstrating with their hands, holding imaginary guns in their hands in firing position and saying, "One, two three, boom, boom, bang." They were laughing, giving each other slaps. When the paper came out the next day, one police officer (or deputy) asked me for my - autograph. I refused to give it to him. He said that he collected autographs from people who made the paper. The deputies were very rude and unkind while we were in holding, and purposefully delayed releasing me, even after bail had been posted. I declare under the penalty of perjury that the foregoing is true and correct. Executed at Martinez, California on October 10, 1995. Michelle Jones DECLARATION OF SHERRY GOMES I am the mother of Michelle Jones, and make this statement in support of the claims made by her family. On April 10, 1995,. at about 1 :00 P.M., I was with a friend who was taking me to the DMV office. While we were backing out of the driveway, I saw a van coming towards us on the wrong side of the street at a very high speed. I told, my friend, James, who was driving, to stop, that we were going to be struck. I saw a policeman on a motorcycle, following _close behind the van, and thought, "How stupid to drive like that when you are being followed by a cop." We stopped, and I started to open the car door, when we were suddenly surrounded by police with guns drawn, and pointed right in my face. They were screaming at us to put our hands on the ceiling. I did not know or understand what was going on, because I was in shock. I was thinking, Why are they doing this to us when they are the ones that almost crashed into us. Then, I looked up, and saw police streaming out of the house next door, all with guns drawn. They were all screaming. My daughter Michelle, her fiance, and her son had just returned from taking my granddaughter home from school, and had gone into the house only minutes before. Michael was seen going to the front door, evidently to see what the commotion was about. At that moment there were probably ten to twenty police rushing towards the house. There were two or three police at the front door when I saw one of them open the screen door and pull Michelle out of the house by her arm. She had little Garrett in her arms. My first impulse was to run to my daughter to help her, because I could see that the policeman was hurting her. I started to get out of the car, but I was stopped by a policeman with a gun in my face, telling me to put my hands against the ceiling of the car. I saw two or three police go into the house when they pulled Michelle out. I could hear Michelle starting to become hysterical, and Garrett crying A policeman then said, Shut that f-----g kid up." I was becoming shaken by these proceedings. I kept asking what was going on, nobody replied to my repeated questioning. All that I could hear was the police yelling„ and saying that they were going to start firing. I was terribly frightened, I started to holler that my granddaughter was in the house, but nobody answered. When I looked around, I saw police everywhere, in the lot next door, on the roof, and just everywhere. I kept asking what was happening, I. could not understand. To my knowledge no one had done anything wrong, nothing to deserve all of this. We were a happy family, and did not bother any one. A policeman told us to get out of The car, 'to walk backwards, and to keep our hands up. We walked across the street where we were handcuffed, and made to sit on the curb. I felt so relieved! Someone said that the girl was out of the house. I felt so relieved! I was frightened for Michael. I did not know why the police were after him, because he is a good man, and never bothered anyone. A policeman grabbed me by my arm, and pulled me backwards I thought I was going to fall. I looked at him and said that I had done nothing, neither had I resisted anything, and that I did not deserve to be hurt like he was hurting me. I was treated like a criminal, even though I was perfectly innocent of any wrongdoing, and had no idea of what was happening. He seemed to understand, and let go of the grip he had on my arm. I was holding my head down crying when I looked up, I saw Naomi walking towards me. She was terrified, and wanted me to hold her. The policeman said, "No, you can't talk to her." They sat Naomi down with Michelle and Garrett on the curb. I looked at my kids and felt so helpless. A few moments later James and I were hurried into a police car and taken to Pleasant Hill Police Department. It was then that I learned that Terry Jones was really Michael Covey, and that he was accused of an escape from a jail. An officer asked me what I could do to get Michael out of the house. I told him to keep telling Michael that Michelle and the kids love him. and need him. I told him that if anyone cold,bring him out, it would be Michelle. The officer said that he did not want anyone to get hurt, and promised me that he would let Michelle talk to Michael on the phone. I was then taken to a holding cell. After about an hour, I hear my daughter's voice. They would neither let me see her, nor talk to her, and I know that she really needed me at this time. I never felt so helpless. in my whole life. Time was going by, and we kept yelling at the police to let Michelle talk to Michael, but they never did. They ignored us, and only came by once, when they did bring us a soda and some chips. This was all we had for the whole day. I don't know what time it was when an officer came by to will us that it was over. He wouldn't tell us anything except that Michael had put his officers in jeopardy, and that Michael had been shot. After a few more hours we were taken to Martinez Detention Facility. While at the Martinez jail we learned of Michael's condition through the Contra Costa Times. We were both scared to death. As we were sitting in the holding cells, three officers came in to the department and were making jokes about Michael saying, "Bang, bang, bang," and laughing about what they had done to Michael. I thought this behavior was disgusting, as my daughter and I sat there, maybe thirty feet from where they were laughing about shooting her fance. The police had been around Michelle and Michael's house all morning long. Why did the police not approach Michael while he was outside, either on his way to get Naomi from school, or after he had come home with her? It did not have to happen the way it did. Michael and I were outside by his car for a good five minutes. They could see that he was not armed, and with that many police they could have arrested him without anybody getting hurt. At no time did I see anyone knock on the door of the house, nor did I hear anyone mention a search warrant. They just brutally attacked the door, and pulled Michelle out. I am disgusted with what I saw, let alone experienced. The police could have handled the situation differently, without terrorizing my grandchildren. How am I to teach them to respect the law, when the children say that they were attacked? My grandchildren should not have been put in that position. I declare under the penalty of perjury that the foregoing is true and correct. Executed at Martinez, California on October 10, 1995. Sherry Goines CL W LU LU N N (A a 0- r p E vq (n D >, U t,9 J LC! 3 .; � a � ► Q d LPI Z WeUswOt z cu 1-- 0 Li! W. < LU 0- v J Q M W N 2 c U. cl a o d .• *`. [U s ! tll r LL. H ``¢ a o � LU S- � °i qp c L �m 0i v M W tl tU o " SLALU U a 1JrM 6U Fa Q C►? a. CI' .g m b W311 r c d e►1 U1"d — k CD ai J Q: [" m-e "tL° 3d %o Z IC Owl -00t0} NraU.� . . to; SGL =0 Lii (A • E� 0 AM O W ?-: G2LidgU- th its 0 0 sem." !s1 1-• • is1 J'U. m -i Ci z . ® Lt C) w ...i.e w UWdM: . W d d m D < 4A 9} w'f LY.' .! wv in (L cu -Cc d -1 1- � Z � d i ma: " 0 r•t iIH . in 777, � w z �c M �" d w' �- Nq . 3 3f w a L? C3U9 0 Ij IX WT . 0 t d tm v X ' . 1.. �+ o Sit W in Ln `p :' ul 0 0 l x C c) j U B• cu 1141 tt1 ` U ! LU c0b4doD ' , ~¢_ csOb ® STATEMENT 297 ACCOUNT'NUMBER DATE PAGE TRAUMA PHYSICIAN BILLING SERVICE P.O.BOX 30187 15367-1-239 07/20/95 1 WALNUT CREEK,CA 94598 BALANCE DUE AMOUNT ENCLOSED 12,417.32 TO: F FEDERAL I.D. NUMBER • Covey, Michael Roland C/o 1000 Ward Street 68-0100606 Martinez , CA 94553J BILL TYPE Private L PLEASE DETACH ALONG PERFORATION AND RETURN UPPER PORTION WITH YOUR PAYMENT FOR BILLING INQUIRIES,PLEASE CALL(510)947-5288,DURING NORMAL BUSINESS HOURS PATIENT NAME DATE CODE MOD DR.NO. PROCEDURE/DESCRIPTION LOC DIAGNOSIS AMOUNT Michael R 04/10/95 99291-57 239 Crit Care - Ist Hr 2 8600 494.00 Michael R 04/11/95 32020 239 Tube Thoracostomy W Wa 2 8600 670.00 Michael R 04/11/95 44140 239 Colectomy, Partial Wit 1 8635 3,216.00 Michael R 04/31 /95 39501-51 239 Repair, Diaghragm 1 8621 1 ,541 .00 Michael R 04/11/95 44120-51 239 Enterectomy, Resection 1 86330 1 ,474.00 Michael R 04/11/95 44603-51 299 Mult Sutures-Sm Intest 1 86330 1 ,254.24 Michael R 04/11/95 47360-51 239 Hepatorrhaphy Complex 1 8641 1 ,433.8o Michael R 04/11/95 54520 , 229 Orchiectomy 1 8783 938.00 Michael R 04/11/95 13121 239 Rep Comp Scalp ,Arm/leg 1 8901 696.80 Michael R 04/11 /95 13101-51 239 Rep Comp Trunk 2.5-7.5 1 8751 '33. 16 Michael R 04/11/95 13101 239 Rep Comp Trunk 2.5-7.5 1 8901 466.32 Michael R 05/01/95 239 SENT: County Jail Medi Michael R 05/01/95 239 SI NTi County Jail Medi EMERGENCY SERVICES Pymts Rcvd After 7/19[95 Will Appear On Next t3tmr- PHYSICIAN:P tel , M.D. , Nortnt Patient 0.00 0.00 0.00 12,417.32 0.00 12,417.32 Covey, Michael Ra - — TRAUMA PHYSICIAN 7B]1,ZG SERVICE P.O.BOX 30-30 DAYS 31 -60 DAYS 61 -90 DAYS 91 120 DAYS OVER 120 DAYS' BAL.DUE W87 VALNUT CREEK C 9 o Date, Your Insurance Company Has Not Honored This Claim. In (I .rder To Expedite Payment , Please Check With Them, Or Remit Payment To Us. 3178004B(5/4/95) STATEMENT 298 ACCOUNT NUMBER "D"ATE PAGE TRAUMA PHYSICIAN BILLING SERVICE P.O.BOX 30187 15367-1-79 07/20/95 1. WALNUT CREEK,CA 94598 BALANCE-'DUE `AMOUNT ENCLOSED TO: F F.EDERAL'I"&..NUMBER (.'ovey, Michael Roland C/o 1000, Ward Street 68-01306-06 Martinez , CA 94553, .. BILL TYPE " Private 1 PLEASE DETACH ALONG PERFORATION AND RETURN UPPER PORTION WITH YOUR PAYMENT 1 FOR BILLING INQUIRIES,PLEASE CALL(510)947-5288,DURING NORMAL BUSINESS HOURS PATIENT NAME DATE; ,i CODE D.DR.N0. PROCEDURE/DESCRIPTION LOC'y'DIAGNOSIS F ;AMOUNT. Michael. R 04/1.1./9-5 99.255 79 Ini.t.i.al. Inpt. Consult 1 55679 =,:38.00 Michael R 04/12/95 99233 79 Subsequent Hosp Visit 1 5679 170.00 Mi.chae 1. R 04/1.: /5 9923:3 79 Subsequent Hosp Vi.si.t 1. 5679 1.7+;x.00 Michael R 04/14/95 9923 79 Subsequent Hosp Visit 1 5679 170.00 Michael R 04/1.5/95 99 2:---.::3 '79 SLAbsequeynt Hasp Vi.si.t 1. 5679 17t:),0{_) Michael R 04/16/95 99233 19 Subsequent Hosp Visit 1 5679 170.00 Michael R 04/17/95 992=3 79 Subsequent. Hose Visit 1. 5679 1,70.00 Michael R 05/01/95 79 SENT: County Jail Medi Pymts Rcvd After '7/1.';/' •;.i Will. Appear On Next t.trn . f-�HYSICIAN: idell , M.D. , Sheldon Patient 0.00 0,00 0,00 1 ,358.00 0.00 1 ,358.00 Covey, Michael Ra 1 0.-30�OAYS 31 60 DAYS 6t'-90 DAYS ,°91x;7420.DAYS, ;,OVER 120 DAYS , BAL.DUE,,:, TRAUMA PHYSICIAN BILLING SERVICE P.O.BOX 30187 WALNUT CREEK,CA 9411 C) Date, Y OL%r• Insurance Coffipany Has Not Honored This Claim. I n Cir-Tier To Expedite Payment ., Please Check With 'Them, Or Remit Payment To Us. 3178004B(5/4/95) STATEMENT 299 ACCOUNT NUMBER DATE PAGE TRAUMA PHYSICIAN BILLING SERVICE P.O.BOX 30187 15367-1—243 07/20/91. WALNUT CREEK,CA 94598 BALANCE DUE AMOUNT ENCLOSED 1 ,971 .40 TO: FEDERAL I.D.NUMBER Covey, Michael. Roland C/o 1000 Ward Street 68-0130606 6 Martinez , CA 9455:3 BILL TYPE Private L_ 1 PLEASE DETACH ALONG PERFORATION AND RETURN UPPER PORTION WITH YOUR PAYMENT 1 FOR BILLING INQUIRIES,PLEASE CALL(510)947-5288,DURING NORMAL BUSINESS HOURS PATIENT NAME DATE CODE MOD DR.N0. PROCEDURE/DESCRIPTION LOC DIAGNOSIS AMOUNT Michael. R 04/11/95 441.40-80 245 Assistant Surgeon 1. 86352 643.20 Michael R 04/11/95 19501-51 245 Repair, Diaahr-•agm 1 8621 308.20 Michael. R 04/11/95 441.20-51 245 Enterectomy, Resection 1. 86330 :94.80 Michael R 04/11/95 44603-51 245 Melt Sutures-Sm Intest 1 86330 250.84 Michael. R 04/11/95 47:=:60-51. 245 Hepatorrhaphy Complex 1. 8641. 286.76 Michael R 04/11/95 54520-80 245 Assistant Surgeon 1 86330 187.60 Michael R 05/01/0.5 245 SENTa County Jail Medi. Pymts Rc d Anter 7/19/95 Will Appear On Text "'tm PHYSICIAN:W ng , M.D. , Nang Patient 0.00 0.00 0.00 1 ,971 .40 0.00 1 ,971 .40 Covey, Michael Rol 0-30 DAYS 31 -60 DAYS 61 -90 DAYS 91 -120 DAYS OVER 120 DAYS BAL.DUE TRAUMA PHYSICIAN BILLING SERVICE P.O.BOX 30187 WALNUTCREE&CA9411ro Liej.e, Your Insurance Company Has Not Honored This Claim. In Order To Expedite Payment. , Please Check With Them, Or Remit. Payment To Us. 3178004B(5/4/95) STATEMENT 2100 ACCOUNT�NUMEiE;R DATE PAGE TRAUMA PHYSICIAN BILLING SERVICE P.O.BOX 30187 15.367-1-134 07/20/95 1 WALNUT CREEK,CA 94598 BALANCE.DUE AMOUNT ENCLOSED 2,275.00 TO: ; FEDERAL I�:D.�'NUMBER"UMBER— C/o Michael Roland " C/o 1000 Ward Street. 68-013u0606 Martinez, CA 94!.55:3 Private L J 1 PLEASE DETACH ALONG PERFORATION AND RETURN UPPER PORTION WITH YOUR PAYMENT 1 FOR BILLING INQUIRIES,PLEASE CALL(510)947-5288,DURING NORMAL BUSINESS HOURS PATIENT NAME ' DATE CODE "e'.:MOD DR:NO. PROCEDURE/DESCRIPTION LOC .,:,:..DIAG,NOSIS, " ri; ,°° AMOUNT` Michael R 04/10/95 9"9254-57 1:34 Initial Inpt Consult it 8120 265.00 Michael h 04/10/95 2457: 134 Op Tx HLtmeral Condylar 1 81::0 1 ,795.60 Michael R 04/10/95 1:31::31-51 134 Rep Camp Cheek,...-*, Et Al 1 ':5-94 214.40 Michael, R 05/01 /95 134 SENT: COLint.y Jail Medi, Pymts Revd After 7/1111/95 Will Appear On Next atm . PHYSIC.IAN:Wi lhelmy, .D. , John K . Patient 0.00 0.00 0.00 2,275.00 0,t„0 2,275.00 Covey, Michael. hal O:e30°DAYS 31. ZO,DAYS 6,1; 90 DAYS„ „91- 120°DAYS°„° VER 120 DAYS'. ° °' BAL.DUE TRAUMA PHYSICIAN BILLING SERVICE P.O.BOX 30187 WALNUT CREEK,CA9459fo Date, Your Insurance (•..'C3mpa.ny Ha- Not Honored This Claim. In Order To Expedite Payment , Please Check. Wi.tth Them, Or Remit. Payment To Us. 31780048(5/4/95) STATEMENT 301. ACCOUNT NUMBER DATE PAGE TRAUMA PHYSICIAN BILLING SERVICE P.O.BOX 30187 15367-2-6 07/20/95 1 WALNUT CREEK,CA 94598 BALANCE DUE AMOUNT ENCLOSED I ,S00 a Cu=p TO: FEDERAL I.D.NUMBER Covey., Michael Roland C/o 1000 0 Ward Street 68-0130606 Martinez , CA 9455:3 BILL TYPE A/Private L_ 1 PLEASE DETACH ALONG PERFORATION AND RETURN UPPER PORTION WITH YOUR PAYMENT 1 FOR BILLING INQUIRIES,PLEASE CALL(510)947-5288,DURING NORMAL BUSINESS HOURS PATIENT NAME DATE CODE MOD DR.N0. PROCEDURE/DESCRIPTION LOC DIAGNOSIS AMOUNT Michael R 04/11/95 47350-PI 6 Hepatorrhaphy Due To W 1 86409 1 .,6SO.00 Michael R 04/11/95 99140 = Crash Induction/Full S 1 86409 10.00 Michael R 05/01/95 6 SENT: County Jail Medi Pymts Rcvd After 7/19/95 Will Appear On Next "tm . PHYSICTAN:Fraiali , M.D. , Richard L. Patient 0,00 0.00 0.00 1 ,800.00 0.00 1 ,L,00,00 Covey, Michael hu l 0-30 DAYS 31 -60 DAYS 61 -90 DAYS 91 - 120 DAYS I OVER 120 DAYS BAL.DUE TRAUMA PHYSICIAN BILLING SERVICE P.O.BOX 30187 WALNUT CREEK,CA 9459ra Date, Your Insurance Company Has Not Honored This Claim. I n Order To Expedite Payment , Please Check With Them, Or Remit Payment To Us. 3178004B(5/4/95) STATEMENT 02 &COUNT NUMOORIAT AMPATIF � PAGE TRAUMA PHYSICIAN BILLING SERVICE P.O.BOX 30187 15367-1-199 07/20/95 1 WALNUT CREEK,CA 94598 :BALANCE DUE,e AMOUNT ENCLOSED 614„00 TO: FEDERAL LD:NUMBER Covey, Michael Roland C/o 1000 Ward Street 68-01:30606 Martinez , CA 9455-3 BILL"TYPE ` °` Private L_ 1 PLEASE DETACH ALONG PERFORATION AND RETURN UPPER PORTION WITH YOUR PAYMENT 1 FOR BILLING INQUIRIES,PLEASE CALL(510)947-5288,DURING NORMAL BUSINESS HOURS PATIENT NAME DATE CODE, MOD 'DR.% ,'PROCEDURE/DESC'RIPT,ION LOC ,~DIAGNOSIS AMOUNT Michael R 04/10/95 73070-26 199 Elbow Limited 1 9591 26.00 Michael R 04/10/95 1010-26 199 Chest 1 View 1 9591 33.00 Michael. R 04/10/95 72170-26 199 Pelvis Limited 1. 9591 34.00 Michael R 04/10/95 4700-26 199 Abdomen Single View 1 9591 31 .00 Michael R 04/10/95 7:=550-26 199 Femur Inc One Joint 1 9591 31. .00 Michael R 04/10/95 7:1090-26 199 Forearm Inc 1 Jnt 1 9591 26.00 Michael R 04/10/95 731.20-26 1.99 Hand Limited 1. 9591 31 .00 Michael R 04/11/95 71020-26 199 Chest Two Views 1 9591 34>00 Michael. R 04/11./9 71020-26 1.9.: Chest. Two Views 1. 9591. ::34.00 Michael R 04/12/95 71020-26 199 Chest Two Views 1 9591 34.00 Mi.c.hael. R 04/16/9 74245-26 199 Upper GT With Smal. l. 8o 1. 9591. 156,00 Michael R 04/16/95 74000-26 199 Abdomen Single View 1 9591 31 .4:0 Michael R 04/1.7/95 74c:y�0-:c6 199 Abd Comlpl Incl. Decubi.t 1 9591 48.Oo Michael R 04/17/95 71020-26 199 Chest Two Views 1 9 591 34.00 Michael. R 04/17/95 74000-26 1.99 Abdomen Single View 1. 9591. 31. .00 Michael R 05/15/95 199 SENT: County Jail Medi Michael. R 1:5/1.5/9 199 SENT: County Jail. Medi. Pymts Rcvd After 7/1 /95 Will Appear On Next tm PHYSICIAN:H ddick: , M.D. , William Patient 0.00 0.00 0.00 614.00 0.00 614.00 Covey, Michael. Rol. I -:30bAY,S 01 -60'DAYS 61 -'90 DAYS °91e 120,DAYS e'�.OVER 120 DAYS- BAL.DUE TRAUMA PHYSICIAN BILLING SERVICE P.O.BOX 30187 WALNUT CREEK,CA 945% Date, Your Insurance Company Has Not Honored This Claim. In Order To Expedite Payment , Please Check: With 'Them, Or Remit" Payment To Us. 3178004B(5/4/95) STATEMENT 203 ACCOUNT NUMBER DATE PAGE TRAUMA PHYSICIAN BILLING SERVICE P.O.BOX 30187 15367-1-197 07/20/95 1 WALNUT CREEK,CA 94598 BALANCE DUE AMOUNT ENCLOSED 192.(,0 TO: FEDERAL I.D. NUMBER Covey., Michael Roland C/o 1000 Ward Street 68-0130606 Martinez , CA 9455:3 BILL TYPE Private L_ 1 PLEASE DETACH ALONG PERFORATION AND RETURN UPPER PORTION WITH YOUR PAYMENT 1 FOR BILLING INQUIRIES,PLEASE CALL(510)947-5288,DURING NORMAL BUSINESS HOURS PATIENT NAME DATE CODE MOD ;DR.N0. PROCEDURE/'DESCRIPTION LOC DIAGNOSIS AMOUNT Michael R 04/12/95 71020-26 197 Chest Two Views 1 959134.00 Michael R 04/12/95 13060-26 197 Humerus Inc 1 Joint 1 9591 26.00 Michael R 04/14/95 73140-26 197 X-Ray - Hand/:3 Views 1 9591 26.00 Michael R 04/14/95 71020-26 1 97 Chest Two Views 1 9591 38.00 Michael R 04/14/95 71020-26 197 Chest Two Views 1 9591 34.00 Michael R 04/15/95 71020-26 197 Chest Two Views 1 9591 34.00 Michael R 05/15/95 197 SENT: County Jail Medi Pymts Rc d After 7/19/95 Will Appear On Next -tmt PHYSICIAN:B yle M.D. , Barbara Patient 0.00 0.00 0.00 192.00 0.00 0 192.00 Covey, Michael Ro 1 0-30 DAYS 31 -60 DAYS 61 -90 DAYS 91 - 120 DAYS OVER 120 DAYS BAL.DUE TRAUMA PHYSICIAN BILLING SERVICE P.O.BOX 30187 WALNUTCREECCA94 To Date, Your Insurance Company Has Not Honored This Claim. In Order To Expedite Payment , Please Check With Them, Or Remit Payment To Us. 3178004B(5/4/95) STATEMENT 04 1 ACCOUNT NUMBER DATE PAGE TRAUMA PHYSICIAN BILLING SERVICE P.O.BOX 30187 1.5:3-367-1-182 07/20/95 1. WALNUT CREEK,CA 94598 BALANCE DUE AMOUNT ENCLOSED 21 .'15 TO: FEDERAL I.D.NUMBER Covey, Michael. Roland C/o 1000 Ward Street 68-0130606 53 Martinez , 1_;A =7q..:;._�.,;. BILL TYPE Private L_ 1 PLEASE DETACH ALONG PERFORATION AND RETURN UPPER PORTION WITH YOUR PAYMENT 1 FOR BILLING INQUIRIES,PLEASE CALL(510)947-5288,DURING NORMAL BUSINESS HOURS PATIENT NAME DATE CODE MOD DR.N0. PROCEDURE/DESCRIPTION LOC DIAGNOSIS AMOUNT Michael. R 04/1.5/95 90801. 1.82 Psy Di.ag Int Ex Inc Hx 1. 3017 :--21 .85 Michael R 07/05/95 182 SENT: County Ja.il. Medi Pymts R(:vd After 7/1'9/95 Wi. l.l. Appear On Next. "tff& PHYSICIAN:V Ischetto, M.D. , Nest _)r Patient 0,00 0,00 0,00 321 .o 0.0_)0 321 .85 Covey, Michael Ra 1 0-30 DAYS 31 -60 DAYS 61 -90 DAYS 91 -120 DAYS OVER 120 DAYS BAL.DUE TRAUMA PHYSICIAN BILLING SERVICE P.O.BOX 30187 WALNUT CREEK,CA9459f(-) Date, Your InSLlrance Company Has Not Honored This Claim. In Order To Expedite Payment , Please Che(_k: With Them, Or Remit Payment To Us. 3178004B(5/4/95) PARAMEDIC AND wow-EweGswcr AMBULANCE SERVICE nn � AMERICAN MEDICAL RESPONSE WEST 08/17/95 ****PATIENT INFORMATION: **** PATIENT NAME: MICHAEL R COVEY INSURED NAME: MICHAEL R COVEY DATE OF SERV: 04/17/95 . POLICY NUMB : GROUP NUMB : ACCOUNT # : 10251170 MICHAEL R COVEY COUNTY JAIL MARTINEZ , CA 94553 ******************************************** * NO RESPONSE FROM YOU IS NECESSARY UNLESS * * THE ABOVE OR BELOW INFORMATION IS * INCORRECT. * ' TO WHOM THIS LETTER IS TO ADVISE YOU THAT WE ARE STILL IN THE PROCESS OF 8ILLIN8 : JOHNMUIR CONTRACT 1601 YGNACIO VALLEY WALNUT CREEK, CA 94598 FOR THE AMBULANCE SERVICES ON 04/17/95, PROVIDED TO MICHAEL R COVEY . AS OF THIS DATE WE HAVE NOT RECEIVED PAYMENT FROM THEM, BUT ARE TAKING THE NECESSARY STEPS TO GET PAYMENT. PLEASE BE ADVISED, IN THE EVENT JOH14 MUIR CONTRACT DOES NOT PAY FOR THIS SERVICE, WE WILL BE SENDING AN INVOICE TO YOU. PLEASE REVIEW THE INFORMATION IN THE UPPER RIGHT HAND CORNER. IF ANY OF THIS INFORMATION IS INCORRECT OR IF YOU HAVE RECEIVED ANY TYPE OF CORRESPONDENCE FROM YOUR INSURANCE REGARDING THIS DATE OF SERVICE, PLEASE CONTACT OUROFFICE IMMEDIATLY. THANK YOU FOR YOUR COOPERATION IN THIS MATTER, IF YOU HAVEANY QUESTIONS PLEASE CONTACT OUR OFFICE. SINCERELY ` YOUR CUSTOMER SERVICE REPRESEN 'ATIVE LETTER--->NOTICE 1393 S.Seventh Street San Jose,California 95^12--P/O�Box SOOO1 ^ San Jose,California S516V-0VO1 ' 488.201.5150 ^ FAX: 408.295.1874 JOHN MUIR MEDICAL CENTER 1601 Ygnacio Valley Road • Walnut Creek,California 94598-3194 • (510) 939-3000 s MICHAEL ROLAND COVEY SEPTEMBER 24. 1995 COUNTY JAIL 1000 WARD ST MARTINEZe CA 94553 PATIENT NAME MICHAEL ROLAND COVEY ACCOUNT NUMBER - 55555-05331 ADMISSION DATE 04/10/95 DISCHARGE DATE 04/17/95 ACCOUNT BALANCE 75150.21 TOTAL ACCOUNT BALANCE 75.150.21 TOTAL AMOUNT DUE 75150. 21 DEAR MR. MICHAEL ROLAND COVEY ***FIFTEEN DAY FINAL REQUEST FOR PAYMENT*** YOU SHOULD HAVE PREVIOUSLY RECEIVED CORRESPONDENCE FROM US REQUESTING PAYMENT ON THIS ACCOUNT. PAYMENT IN FULL MUST BE MADE WITHIN 15 DAYS OTHERWISE THIS ACCOUNT MAY BE REFERRED TO A COLLECTION AGENCY. THANK YOU. SHOULD YOU HAVE QUESTIONS CONCERNING THIS ACCOUNT YOU MAY CONTACT THE PATIENT ACCOUNTING DEPARTMENT AT (510) 947-3336. THANK YOU FOR YOUR COOPERATION. SINCERFLYr PATIENT ACCOUNTING CRIMINALISTICS LABORATORY DIVISION Sheriff-Coroner's Department Contra Costa County REPORT OF LABORATORY EXAMINATION Laboratory Number 011ense(s) Dalo(s)Examined 95-02830-A Assault 4/10-6/4/95 Requesting Agency 6 Case Number Dale of Request Examination Requested By Pleasant Hill P.D. 95-02423 4/10/95 Harper jComplainant(s) Suspect(s) Foreman, Terry/ Lauderdale, Robert/Skinner, Paul Covey, Michael REPORT OF FIELD SERVICES At 7:55 p.m. , on April 10, 1995, I was contacted by Sheriff' s Dispatch to respond to 103 Trelany Rd. , Pleasant Hill. Criminalist Stephen Ojena and I arrived at the scene at 8 :35 p.m. We were given a brief walk through the exterior portions of the scene to familiarize us with the extent of the processing required and then were asked to go to P.H.P.D. to attend a meeting. We arrived there around 8 :45 p.m. and proceeded to a briefing room. Officers from BNE, DOJ VSU, CHET, CCSO, and PHPD, were already present. DDA Hole conducted the :meeting which was intended to elicit the involvement of the officers at the scene. We were asked to photograph the officers that were present in the scene' s inner perimeter. The following officers were photographed in the clothing worn during the incident: Nichols, Russell, Spencer, Senst, Seagraves, Duckavitz, Schultz, Prentiss, Bowers, Nishiyama, Dahlstrom, Calvert, Breckon, Berendsen, Jue, Clark, Thomas, Enea, Wilder, Conger, Jung, Frank, Criner, Skinner, Lauderdale and Foreman. We collected a Smith and Wesson, Model 5906 9mm caliber pistol from Off . Lauderdale, a Beretta Model 92F 9mm caliber pistol from Sgt. Skinner, and a Heckler and Koch Model MP5 9mm submachine gun from Officer Foreman. They were the three officers that reportedly fired shots at the suspect. We returned to the scene around 11:10 p.m. The scene consisted of a single story house on the south side of Trelany Lane. It has a detached garage, a fenced patio covered with plastic tarps, and a trellis in front of the kitchen portion of the house. The approximately one-acre yard has trailers and trucks, and vans scattered along with debris . The house can be entered from the front door (along Trelany Rd. and the side door from the patio) . Our primary focus was on the eastside of the house from the northeast corner of the kitchen back to the gate at the southeast corner of the house, the fenced patio, the side entrance, and the southeast bedroom. The exterior was photographed, sketched and measured. Signature 6 Date Distribution: 7 l 9i 1 - Pleasant Hill P.D. Reported By&Title Richard A. Schorr, Criminalist 1 - File Approved By Supervising Criminalist For Additional ./ Information Call: 0646-2455 11646-2962 95-02830-A July 7, 1995 Page 2 Prior to the shooting incident, windows were broken during the use of CS gas . The north northwest living room window, the south southeast window of the southeast bedroom, the south window to the hall bathroom, were broken. The west southwest window was pushed up. A light colored powder was on the ledge f rom a device found in that room. The east northeast kitchen window was reportedly broken by Covey. The interior of the house had a strong odor of CS gas that flowed outside through the open doors and windows. The patio around the side door is bordered on the east and south with a 6 foot redwood fence, on the north by the rear of a garage and a short length of 6 foot fence and gate, and the side of the house on the west side. It was reported that officers proceeded along the east fence line. The fence is constructed with the boards nailed, on the inside, this allowed them to be pushed in towards the patio. Two boards were removed along the east fence line, one was behind a pile of miscellaneous items, the next one to the south had a view of the side doorway. Six boards had been forced inward along the south fence. Boards 4, 5, and 6 from the rear gate and 9, 11 and 15 were pushed inward. Board 11 was not pushed in sufficiently to provide an unobstructed view. The back door was visible from the gaps in the fence. Both the north and south gates to the patio were open when we arrived. The area to the south of the fence is covered with approximately one foot high weeds, buckets, bags, and general debris. The area along the east property line and about 15 feet south of the fence is a quagmire of septic tank overflow. The area along the fence was searched for expended cartridge cases . Seven expended cartridge cases with the headstamp "WIN 9mm LUGER" were found along the south fence line that exhibit class characteristics that they could have been fired in a Heckler and Koch MP5 9mm caliber pistol . Two expended cartridge cases with the headstamp "WIN 9mm LUGER" were along the south fence line with class characteristics indicating that they could have been fired in a Smith and Wesson 9mm caliber pistol. No expended 9mm caliber cartridge cases were found that exhibited class characteristics found on Beretta pistols. The patio area within the fences is heavily cluttered with boxes, buckets, plastic trash bags, old appliances and trash. The area was searched for bullets and cartridge cases. Eight apparent bullet holes were observed in an open metal cabinet immediately to the south of the steps. These shots appear to be coming from the south gate and fence line area in a slightly downward angle. Six ricochet sites were found along the stuccoed east wall between the steps and the northgate about 2 to 6 feet above the ground. Six bullet holes were found in a "wall" (made from a door and 2x4 inch framing) next to the gate 1-1/2 inches to 17 inches from the east wall and 22 inches to 72 inches from the pavement . One hole was 39 inches from the east wall and 30-1/2 inches from the pavement. Two expended cartridge cases with headstamps "WIN 9MM LUGER" were found amongst the debris in the southeast 95-02830-A July 7, 1995 Page 3 corner of the patio. The class characteristics indicate that one could have been fired in the Heckler and Koch MP5 and the other in a Smith and Wesson 9mm caliber pistol. The area of the side door had an expended cartridge case on the doorstep with a "WIN 380 AUTO" headstamp. Numerous bullet jacket and bullet core pieces were recovered around the doorstep area and from a door propped up against some 2x4 framing between the east wall of the kitchen and the northgate to the patio. We searched the patio area for additional bullets and cartridge cases without locating any further evidence. No bullet holes were found along the east and south fence line or in the debris stacked in the patio. A Beretta Model 1934 .380 AUTO caliber pistol was found on top of a washing V00machine in the patio. The thumb safety was in the "fire" position, the hammer was back, five live rounds were in the seven round magazine, but no round was chambered. A black shoelace was looped through a ring at the base of the grip. A pair of Size 13, St. John's Bay black shoes, was found at the scene. The shoe that was near the washing machine did not have a shoelace. The other shoe was in the driveway and it had shoelaces. The shoelace on the gun looked similar to the shoelace found on the shoe. A bloody partial handprint on the edge of the washing machine was recorded with photographs. I donned a full face respirator on the morning of April 11, 1995, and entered the contaminated residence. It consisted of a living room at the northwest corner of the house, bedrooms at the southeast and southwest corners separated by a hall bathroom. The kitchen was located at the northeast corner. My attention was primarily focused on the southeast bedroom, the kitchen, and the side entrance way. No bullet holes or expended cartridge cases were found. The entrance way from the side door has a charred area on the floor with burn patterns on the linoleum, the wood threshold and bedroom carpet. A rectangular unburned pattern is in the middle of the burn pattern of the floor. It has the same dimensions as an acetone can found in the bedroom. The burn pattern looks like a flammable liquid was poured onto the linoleum. A partially burned laundry basket with burned bedding was near the burned area. There was also a gas dryer with a gas line that has a hole in it. The dryer was hooked up to a 5 gallon propane tank. A spare 5 gallon propane tank was next to the burned area. The bedroom was immediately to the south of the entrance way. The bed was littered with a half-face cartridge respirator, briefcase, propane torch, books, a 8mm video camera, a note to "Michelle & Family" and a note regarding responsibility from "Terry Jones 4-10-95, " an expended Olin 12 ga white Meteor flare, an unexpended cartridge with the headstamp "WIN 380 AUTO, " and a pack of Duracell AA batteries containing eleven batteries. A search of the bedroom revealed a screwcap from a volatile liquids container, an empty one- quart can of ACE brand acetone, an orange colored Olin flare pistol and an 95-02830-A July 7, 1995 Page 4 expended Olin 12 ga Red Meteor flare. The kitchen appeared to be undisturbed except for an expended pyrotechnic labelled "Butterfly and Flowers" that was found on the floor near the entrance way. The house across the street at 102 Trelany and at 100-1/2 and the cars parked on the street were examined for the presence of bullet holes. None were observed. 102 Trelany would be in a line of fire going from the southgate toward the northgate. However, shots fired at the side door would strike the east side of the house and ricochet toward the north striking a door used as a fence. They could not exit the patio area. A bullet passing through the north patio gate could strike the house or garage at 102 Trelany Rd. A possible impact point from a destabilized bullet was noted below the house number at that location. We left the scene at 2 p.m. and returned to the laboratory with the following evidence: DESCRIPTION OF EVIDENCE: Item A-1 Beretta Model 1934 380 AUTO caliber pistol with serial number mV wtuhnP81585 . Item A-2 Smith and Wesson, Model 5906 9mm caliber pistol with serial number TCB3667 . _Item A-3 Beretta Model 92F 9mm caliber pistol with serial number C73190Z. I�i n rvk Item A-4 Heckler and Koch Model MP5 with serial number 62-347469 . �pzff Ll"(4q Item A-5 One expended "WIN 9mm LUGER" cartridge case next to fence (number stand 1) . 1 Item A-6 One expended "WIN 9mm LUGER" cartridge case next to fence (number stand 2) . 0 Item A-7 One expended "WIN 9mm LUGER" cartridge case next to fence (number stand 3) . d Item A-8 Two expended "WIN MM LUGER" cartridge case next to fence (number stand 4) . O S Item A-9 One expended "WIN 9mm LUGER" cartridge case from next to fence (number stand 5) . -0h 95-02830-A July 7, 1995 Page 5 Item A-10 Three expended "WIN 9mm LUGER" cartridge case from next to fence (number stand 6) . *901- Item A-11 One expen e "WIN 9mm LUGER" cartridge case (number stand 7) . Item A-12 One expen a "WIN 9mm LUGER" cartridge case (number .stand 8) . Item A-13 One bag containing two expended 9mm caliber bullets from the suspect' s elbow and pelvis. -)o- Item A-14 One expended "WIN 380 AUTO" cartridge case on the doorstep. Item A-15 One sheetmetal fragment with red paint found on the threshold. Item A-16 One bullet core on the threshold. Item A-17 One full metal jacketed 9mm caliber bullet from doorstep. Item A-18 One full metal jacket fragment and lead fragments next to vacuum. Item A-19 Lead fragment in piece of plywood next to the back steps . Item A-20 One full metal 9mm bullet jacket, lead fragment and sheet metal fragment on the steps. Item A-21 One full metal jacketed 9mm bullet from the door in the breezeway (hole 4) . Item A-22 One 9mm Silvertip bullet jacket from the door in the breezeway (hole 5) . Item A-23 One Silvertip bullet fragment from the door in the breezeway (hole 7) . Item A-24 One silvertip 9mm bullet fragment from the door in the breezeway (hole 2) . Item A-25 One full metal jacketed bullet from the door in the breezeway (hole 3) . Item A-26 Propane bottle 16 oz . , from the patio area. Item A-27 One full metal bullet jacket from the ground next to the steps. Item A-28 One screwcap from a volatile liquids container from the bedroom. 95-02830-A July 7, 1995 Page 6 Item A-29 One empty quart can labelled as ACE brand acetone from the bedroom. Item A-30 One orange colored Olin flare pistol and one expended Olin 12 ga. Red Meteor flare from the top drawer of dresser. Item A-31 One unexpended "WIN 380 AUTO" cartridge with a hollow point bullet from the bed. Item A-32 One expended Olin 12 ga White Meteor flare from bed. Item A-33 One Sony Video 8 Handycam Model CCO-FX240 with serial number A181732U and one recorded tape from bed. Item A-34 One pack of AA Duracell alkaline batteries containing eleven batteries from bed. Item A-35 One half-face Cabot respirator from the bed. Item A-36 One propane torch on bed. Item A-37 One suicide note on bed dated 4/10/95 by Terry Jones. Item A-38 One expended "Butterfly & Flowers" pyrotechnic from the kitchen floor. Item A-39 One simulated bomb. Item A-40 One St. John' s Bay black right shoe, size 13 M from patio. Item A-41 One St. John' s Bay black left shoe from behind the Chevrolet truck in the driveway. Item A-42 One pair of blue jeans . Item A-43 One pinkish colored shirt. Item A-44 One black T-shirt. Item A-45 One pair of white socks. Item A-46 One plastic bag containing suspected methamphetamine. Item A-47 a & b Bloodstain on corner of washing machine on patio. Item A-48 "EVERYBODY' S CHECK" ID card in name of David Larkin. 95-02830-A July 7, 1995 Page 7 EXAMINATIONS: Item A-2 is a Smith and Wesson Model 5906, 9mm caliber pistol with a 4 inch barrel with five lands and grooves in a right hand twist. It was examined and found to be in good operating condition. The trigger pull was determined to be approximately 6-1/2 pounds single action and 11 pounds double action. It was testfired with the submitted Winchester Silvertip ammunition. Item A-3 is a Beretta Model 92F, 9mm caliber pistol with a 4-3/4 inch long barrel with six lands and grooves in a right hand twist. It was examined and found to be in good operating condition. The trigger pull was determined to be approximately 6 pounds single action and 12 pounds double action. It was testfired with the submitted R-P ammunition. Item A-4 is a Heckler and Koch, Model MP5, 9mm submachine gun pistol with an 8-1/2 inch long barrel with six lands and grooves in a right hand twist. It was examined and found to be in good operating condition. The trigger pull was determined to be approximately 8 pounds. It was testfired with. the submitted Winchester ammunition. Item A-1 is a Beretta Model 1934, .380 AUTO caliber pistol with a 3-1/2 inch long barrel with six lands and grooves in a right hand twist. Unburned gunpowder was recovered from the barrel . Despite its pitted appearance and -® rust, it functioned in a normal manner. The trigger pull was determined to be approximately 10-1/2 pounds. It was testfired with laboratory ammunition. The recovered testfired cartridge cases and a Mikrosil cast of the breechface were microscopically examined and compared. They have. similar class characteristics and sufficient matching individualizing detail to make an identification. It is my opinion that Item A-14 was fired in Item A-1 . DISPOSITION: Items A-2, 3, 4 and the videotape in Item A-33 were returned to Pleasant Hill Police Department. RAS:sm INVES TI GA TI VE NA RRA TI VE WITNESSES Michelle Lynn Jones WF 12/23/67 CDL: C6658343 AKA: Rivera, Michelle Lynn CII: A09891886 5' 6" 150 Blond/Brown FBI: 171850PAI 103 Trelany Rd SSN: 550-31-3892 Pleasant Hill 94523 689-5123 Sherry Lynn Gomes WF 6/21/52 CDL: N3401866 (-: AKA: Jones, Sherry Lynn CII: A05484993 AKA: Bomes, Sherry Lynn FBI: 84611989 5' 1" 120 Brown/Brown SSN: 547-82-3588 103 Trelany Rd Pleasant Hill 94523 689-5123 _ n James Lindsey Morrow WM 9/21/61 CDL: X5686141 G, C) Special Agent Tom Prentiss Department of Justice Bureau of Narcotic Enforcement 2720 Taylor Street Suite 300 San Francisco 415-557-2955 Detective Pete Enea 11 Pleasant Hill PD Sgt. Mike Douglas Contra Costa Sheriffs Office Sgt. Jim Nichols Contra Costa Sheriffs Office T. Lea 2 PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-11 BCS Class : 4100 Disposition: A Page: 1 CASE REPORT Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level : F Location.: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 : 00 Reporting officer: MOORE, KAREN (282 ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG' CALLED OUT AT APPROX. 1435 HRS . PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. NARRATIVE Su2PLEMENTAL REPORT: WITNESS : LT. SIMPSON WITNESS : OFFICER TIM FRANK WITNESS : OFFICER SCOTT SENST WITNESS : OFFICER TIM JUNG WITNESS : DETECTIVE TIM SCHULTZ - WALNUT CREEK P.D. , CCCNET WITNESS : COMMANDER PAUL MOUNTAIN - CCNET WITNESS : SAMUEL DUDKIEWICZ - SUPERVISOR FOR BNE ON 4-11-95 I WAS ASKED BY SGT. HARPER TO ASSIST WITH INTERVIEWS INVOLVING THIS CASE . PRIOR TO THE INTERVIEWS, SGT. HARPER AND I DROVE TO 103 TRELANY ROAD SO I COULD HAVE A BETTER UNDERSTANDING ON THE LAYOUT OF THE RESIDENCE. 07' 4-11-95 AT APPROXIMATELY 1115 HRS , I INTERVIEWED LT. TERRY , SL _iPSON IN THE DETECTIVE INTERVIEW ROOM. THIS INTERVIEW WAS AUDIO AND VIDEO TAPED. PRESENT DURING THE INTERVIEW WERE LT. SIMPSON AND MYSELF . C? f LT. SIMPSON STATED ON 4-10-95 HE S INFOR ED OF THE SEARCH WARRANT AT 103 TRELANY ROAD BY DETECTIVE ON WILDES AT A PLEASANT HILL P. D. DETECTIVE BRIEFING. WILDES TOLD SIMPSON T E CCCSO WAS CONDUCTING I- THE .WARRANT AND THEY WERE LOOKINGFFOR A F GITIVE AND POSSIBLE NARCOTICS . SIMPSON STATED THE CCC S GOING TO HAVE B .N. E . ' S VIOLENT SUPPRESSION TEAM MAKE ENTRY INTO THE RESIDENCE, HOWEVER THEY NEEDED ADDITIONAL OFFICERS : LT. SIMPSON STATED DETECTIVE CRINER AND DETECTIVE ENEA WERE AVAILABLE TO ASSIST IN THE SEARCH JOHN MUIR MEDICAL CENTER - 1601 Ygnacio Valley Road • Walnut Creek,California 94598-3194 . (510) 939-3000 MICHAEL ROLAND COVEY JULY 27. 1995 COUNTY JAIL 1000 WARD ST MARTINEZ. CA 94553 PATIENT NAME MICHAEL ROLAND COVEY ACCOUNT NUM3-=R 55555-45331 ADMISSION DATE 04/10/95 DISCHARGE DATE 04/17/05 ACCOUNT 3ALANCE 75. 150. 21 TOTAL ACCOUNT BALANCE 75.150. 21 TOTAL AMOUNT DUE 75.150. 21 DEAR MR. MICHAEL ROLAND COVEY : NOTICE OF FINAL INSURANCE TRACER AS A COURTESY. YOUR INSURANCE CARRIER HAS kEEN BILLED AND TRACED (RE-SILLED) FOR THE ABOVE NAMED PATIENT. HOWEVERf AS OF THIS DATE WE HAVE YET TO RECEIVE AN ACKNOWLEDGEMENT OF PAYMENT OF OUR CLAIM. 15 DAYS AGO OUR FINAL TRACER WAS SENT TO YOUR IN'SURANCF CARRIER. TO DATE., NO RESPONSE OR PAYMENT H.aS BEEN RECEIVEO . WE THEREFORE HAVE NO CHOIC► 'AUT TO LIDOK TO YOU FOR PAYMENT IN FULL. THANK YOU. SINCERELY. PATIENT ACCOUNTING IMPORTANT NOTICE THE PROCESSING OF INSURANCE CLAIMS IS A SERVICE AND IS NOT A GUARANTEE OF PAYMENT. THEREFORE. HOSPITAL POLICY DOES NOT PERMIT OUR ENTERING INTO AN INSURANCE DISPUTE OF PAYMENT. INSURANCE DISCREPANCIES ARE TO BE RESOLVED IETWEEN THE INSURED AND THE INSURANCE CARRIER. WITH P.AYMPNT eSING MADE -3Y THE PATIENT DIRECTLY TO THE HOSPITAL. JOHN MUIR MEDICAL CENTER 1601 Ygnacio Valley Road • Walnut Creek,California 94598-3194 . (510) 939-3000 MICHAEL ROLAND COVEY SEPTEMBER 5o, 1995 COUNTY JAIL 1000 WARD ST MARTINELP CA 94553 PATIENT NAME MICHAEL ROLAND COVEY ACCOUNT NUMBER 55555-05331_ ADMISSION DATE 04/10/95 DISCHARGE DATE 04/17/95 ACCOUNT BALANCE 75.150. 21 TOTAL ACCOUNT BALANCE. 75x150.21 TOTAL AMOUNT DUE 75.1.50. 21 DEAR MR. MICHAEL ROLAND COVEY ; ***FIFTEEN DAY FINAL REQUEST FOR PAYMENT*** YOU SHOULD HAVE PREVIOUSLY RECEIVED CORRESPONDENCE FROM US REQUESTING PAYMENT ON THIS . ACCOUNT. PAYMENT IN FULL MUST BE MADE WITHIN 15 DAYS OTHERWISE THIS ACCOUNT MAY BE REFERRED TO A COLLECTION AGENCY. THANK YOU. SHOULD YOU HAVE QUESTIONS CONCERNING THIS ACCOUNT YOU MAY CONTACT THE PATIENT ACCOUNTING DEPARTMENT AT (510) 947-3336. THANK YOU FOR YOUR. COOPERATION. SINCERELY. PATIENT ACCOUNTING MUNICIPAL COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA MT DIABLO JUDICIAL DISTRICT THE PEOPLE OF THE STATEOFCALIFORNIA, NO. 165732-9 DA NO. C 95 004738-1 VS. COMPLAINT - FELONY MICHAEL ROLAND COVEY, UID 01) PC 187-664 DEFT 02) PC 187-664 03 ) PC 187-664 04) PC 245(D) (1) APR 14 1995 05) PC 245(D) (1) 06) PC 245(D) (1) 07) PC 451(B) MUNICIPAL COURT 8 MUNICIPAL -JUDI IAL PC 4532(B) Mi. IA8 JUDI IAL ,9- ) I ' R 09) �H&S 11378 un The undersigned states, on information and bPief, ' that commfelony,MICHAEL ROLAND COVEY, Defendant, did mto wit: violation of PENAL CODE SECTION 187-664 (ATTEMPT To MURDER HUMAN BEING) , committed as follows, to wit: On or about April 10, 1995, at Pleasant Hill, in Contra Costa County, the Defendant, MICHAEL ROLAND COVEY, .did wilfully, unlawfully, . feloniously and with malice aforethought, attempt to commit the wilful, deliberate- and premeditated murder -of DETECTUVE PAUL SKINNE]�, a 'human being. ENHANCEMENT PERSONAL USE OF FIREARM It is further alleged, 'pursuant to Penal Code Section 12022.5(a) , that in the commission of the above offense, the Defendant, MICHAEL ROLAND COVEY, personally used a . 380 semi automatic pistol, a firearm. COUNT TWO: The undersigned further states, on information and belief, that MICHAEL ROLAND COVEY, Defendant, did commit' a felony, to wit: violation of PENAL CODE- SECTION - 187-664 (ATTEMPT TO MURDER HUMAN BEING) , committed as follows, . to wit: On or about April 10., 1995, at Pleasant Hill, in Contra Costa County, the Defendant, MICHAEL ROLAND COVEY, did. wilfully, unlawfully, feloniously. and: -With, maiice aforethought, attempt to commit the wilful, de,liberate 'and premeditated murder of OFFICER TERRY FOREMAN, a human being. . PEOPLE V. MICHAEL ROLAND COVEY NO. 165732-9 PAGE 2 DA NO. C 95 004738-2 ENHANCEMENT PERSONAL USE OF FIREARM It is further alleged, pursuant to Penal Code Section 12022.5(a) , that in the commission of the above offense, the Defendant, MICHAEL ROLAND COVEY, personally used a . 380 semi-automatic pistol, a firearm. COUNT THREE: The undersigned further states, on information and belief, that MICHAEL ROLAND COVEY, Defendant, did commit a felony, to wit: violation of PENAL CODE SECTION 187-664 (ATTEMPT TO MURDER HUMAN BEING) , committed as follows, to wit: On or about April 10, 1995, at Pleasant Hill, in Contra Costa County, the Defendant, MICHAEL ROLAND COVEY, did wilfully, unlawfully, feloniously and with malice aforethought, attempt to commit the wilful, deliberate and premeditated murder of OFFICER BOB LAUDERDALE, a human being. ENHANCEMENT PERSONAL USE OF FIREARM It is further alleged, pursuant to Penal Code Section 12022.5(a) , that in the commission of the above offense, the Defendant, MICHAEL ROLAND COVEY, personally used a . 380 semi-automatic pistol, a firearm. COUNT FOUR: The undersigned further states, on information and belief, that MICHAEL ROLAND COVEY, Defendant, did commit a felony, to wit: violation of PENAL CODE .SECTION 245(d) ( 1 ) (ASSAULT WITH FIREARM ON PEACE OFFICER OR FIREMAN) , committed as follows, to wit: On or about April 10, 1995, at Pleasant Hill, in Contra Costa County, the Defendant, MICHAEL ROLAND COVEY, by means of a .380 semi-automatic pistol, a firearm, did wilfully, unlawfully and feloniously commit an assault upon the person of DETECTIVE PAUL SKINNER, a peace officer engaged in the performance of his duties; and the Defendant, MICHAEL ROLAND COVEY, knew or reasonably should have known tha-t,'DETECTIVE PAUL SKINNER w4s­a peac6'_offii:�er engaged in the perf'or,m-ance of his duties. 1�1 vl r o' A PEOPLE V. MICHAEL ROLAND COVEY NO. 165732-9 PAGE 3 DA NO. C 95 004738-1 ENHANCEMENT PERSONAL USE OF FIREARM It is further alleged, pursuant to Penal Code Section 12022 .5(a) , that in the commission of the above offense, the Defendant, MICHAEL ROLAND COVEY, personally used a . 380 semi-automatic pistol, a firearm. COUNT FIVE: The undersigned further states, on information and belief, that MICHAEL ROLAND COVEY, Defendant, did commit a felony, to wit: violation of PENAL CODE SECTION 245(d) ( 1) (ASSAULT WITH FIREARM ON PEACE OFFICER OR FIREMAN) , committed as follows, to wit: On or about April 10, 1995, at Pleasant Hill, in Contra Costa County, the Defendant, MICHAEL ROLAND COVEY, by means of a .380 semi-automatic pistol, a firearm, did wilfully, unlawfully and feloniously commit an assault upon the person of OFFICER TERRY FOREMAN, a peace officer engaged in the performance of his duties; and the Defendant, MICHAEL ROLAND COVEY, knew or reasonably should have known that OFFICER TERRY FOREMAN was a peace officer engaged in the performance of his duties. ENHANCEMENT .' PERSONAL USE OF FIREARM It is further alleged, pursuant to Penal Code Section 12022.5(a) , that in the commission of the above offense, the Defendant, MICHAEL ROLAND COVEY, personally used a . 380 semi-automatic pistol, a firearm. PEOPLE V. MICHAEL ROLAND COVEY NO. 165732-9 PAGE 4 DA NO. C 95 004738-1 COUNT SIX:. The undersigned further states, on information and belief, that MICHAEL ROLAND COVEY, Defendant, did commit a felony, to wit: violation of PENAL CODE SECTION 245(d) ( 1) (ASSAULT WITH FIREARM ON PEACE OFFICER OR FIREMAN) , committed as follows, to wit: On or about April 10, 1995, at Pleasant Hill, in Contra Costa County, the Defendant, MICHAEL ROLAND COVEY, by means of a .380 semi-automatic pistol, a firearm, did wilfully, unlawfully and feloniously commit an assault upon the person of OFFICER BOB LAUDERDALE, a peace officer engaged in the performance of his duties; and the Defendant, MICHAEL ROLAND COVEY, knew or reasonably should have known that OFFICER BOB LAUDERDALE was a peace officer engaged in the performance of his duties. ENHANCEMENT PERSONAL USE OF FIREARM It is further alleged, pursuant to Penal Code Section 12022 .5(a) , that in the commission of the above offense, the Defendant, MICHAEL ROLAND COVEY, personally used a .380 semi-automatic pistol, a firearm. COUNT SEVEN: •` The undersigned further states, on information and belief, that MICHAEL ROLAND COVEY, defendant, did commit a felony, to wit; violation of PENAL CODE SECTION 451(b) (ARSON OF INHABITED STRUCTURE) , committed as follows, toOn or about April 10, 1995, at Pleasant Hill, in Contra Costa County, the Defendant, MICHAEL ROLAND COVEY, did wilfully, unlawfully, maliciously and feloniously set fire to, burn and cause to be burned an inhabited structure and inhabited property located at 103 Trelany Road, Pleasant Hill, California. ENHANCEMENT PERSONAL USE OF FIREARM It is further alleged, pursuant to Penal Code Section 12022. 5(a) , that in the commission of the above offense, the Defendant, MICHAEL ROLAND COVEY, personally used ", �y80.. semi-automatic pistol, a �. firearm. ` '\ ' ti•• ' '; . : ; PEOPLE V. MICHAEL ROLAND COVEY NO. 165732-9 PAGE 5 DA NO. C 95 004738-1 COUNT EIGHT: The undersigned further states, on information and belief, that MICHAEL ROLAND COVEY, defendant, did commit a felony, to wit; violation of PENAL CODE SECTION 4532(b) (ESCAPE FROM FELONY CUSTODY BY FORCE AND VIOLENCE) , committed as follows, to wit: On or about December 16, 1991 through April 10, 1995, at Stanislaus County and Pleasant Hill, in Contra Costa County, the Defendant, MICHAEL ROLAND COVEY, did wilfully, unlawfully and feloniously escape and attempt to escape by force and violence from Stanislaus County Jail, having been arrested and booked for a felony. ENHANCEMENT PERSONAL USE OF FIREARM It is further alleged, pursuant to Penal Code Section 12022.5(a) , that in the commission of the above offense, the Defendant, MICHAEL ROLAND COVEY, personally used a .. 380 semi-automatic pistol, a , firearm. COUNT NINE: The undersigned further states, on information and belief, that MICHAEL ROLAND COVEY, defendant, did commit a felony, to wit; violation of HEALTH & SAFETY CODE SECTION 11378 (POSSESSION FOR SALE OF NON NARCOTIC CONTROLLED SUBSTANCE) , committed as follows, to wit: On or about April 10, 1995, at Pleasant Hill, in Contra Costa County, the Defendant, MICHAEL ROLAND COVEY, did wilfully, unlawfully and feloniously possess for sale METHAMPHETAMINE, a non-narcotic controlled substance. ENHANCEMENT PERSONAL USE OF FIREARM IN CONTROLLED SUBSTANCE OFFENSE It is further alleged, pursuant to Penal Code Section 12022 .5(c) , that in the commission of the offense of Health and Safety Code section 11378, charged above, the Defendant, MICHAEL ROLAND COVEY, personally used a .380 semi-automatic pistol, a firearm. a uio t ....to - N ~• w W ArV ~ 3 D O ct5 G d cts W O w cr Fes- j 2 \ J tYi 1t.�iW .3 O Q C , I U -i1` WV+ W �i > O W Q V F- Vui i N N a. M q NZ O W: JQ Ix WW CL �..r .. O W '7 Q zH � IA } to Z: :Q a o a 0 d LL hA, n •�_ g O h..� 1... r O C 1 X. LL Z) z v^ 1� R c E w », MCD .. O iw _ W v WSz. ..} d rd X H O 0 Q lLa LL ' ti W O :w V In a tlt bi (L IX: U -cc > Q" � V L] • cc 2 W w OOcoI-- J >- ce- d' A r+ ra 0 :) w co • A Oa: AO w >- Vr- CCW o tY. C9c u -i *m O O i— UJ — :) w .1 u. a..cr � 0 tL O w O 0 W X W Q O W Z a. Cr- 0 CL 0 m c� a a - OJ cn a. r.1 z cr Q a =1 M V 4 z O w W w •+ et Wo ' S 0 O 0-c-0 >- Loi w V 1-- x'4 tri o -i 00 3 G OD st J ¢►J zUw0ZF- OIOD m " i>: LL Y. cu A < 00wz0 ►— Lila - O - WOWXO qer ►� } M5E # 0- 00 Xz - O 9 Q W? tJ1 V IL.: " \ o cccr z O z O L r=-zo u` Q W p p w o o __-�_ ¢a> CORPORATE NO. GUARANTOR NAME DATE PAGE: 1 00324667 MICHAEL ROLAND COVEY 08 /06/95 192 5555505331 MICHAEL ROLAND COVEY 75,150.21 AMOUNT ENCLOSED PAY THIS AMOUNT 150.21 PLEASE REMIT YOUR PAYMENT TO: JOHN MUIR MEDICAL CENTER F 1601 YGNACIO VALLEY ROAD WALNUT CREEK CA 94598-3194 MICHAEL ROLAND COVEY (510)938-2400 COUNTY JAIL CHARGE TO MY: ❑VISA ❑MASTERCARD ❑AM. EXP. 1000 WARD ST ACCT.NO. L MARTINEZ, CA 94553 J EXPIRATION DATE SIGNATURE AMOUNT PAID $ ACCOUNT NO. PATIENT NAME ADMISSION DATE DISCHARGE DATE PATIENT TYPE 5555505331 MICHAEL ROLAND COVEY;, 04/10/95 04/17/05 TRI 39 3'�y 07/07/95 PREVIOUSLY BILLED 91'A"LANCE 74,453.71 04/17/95 >IV SOLUTION CHARGE 'IVR, 564.00 04/17/95 >KCL IN IV SOLUTIO.N,,INJ-ECTION 132.50 A ACCOUNT 8ALANt'E r 75,150.21 ESTIMATED INSURANCE l'IA3ILITY 0.00 PATIENT RESPONSIBILITY 75, 150.21 THIS ACCOUNT IS PAST DUE. PLEASE MAIL YOUR CHECK TODAY. SUMMARY OF ACCOUNTS FOR: MICHAEL ROLAND COVE Y BALANCE FORWARD FOR ALL ACCOUNTS 74p453.71 TOTAL CHARGES AND ADJUSTMENTS 696.50 TOTAL INSURANCE PAYMENTS 0. 00 TOTAL PATIENT PAYMENTS 0.00 JOHN MUIR MEDICAL CENTER TOTAL ACCOUNT BALANCE 75,150.21 1601 YGNACIO VALLEY ROAD 0.00 WALNUT CREEK,CA 94598-3194 FOR BILLING INQUIRIES PLEASE I ri IAMAniTn❑ occorWQiDn iTv 75P150.21 PLEASANT HILI; PD- - PLEASANT D: •PLEASANT HILL, , CALIFORNIA FULL. REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-07 BCS Class : 4100 Disposition: A Page : 1 CASE REPORT Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level : F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 : 00 Reporting officer: CRINER, LARRY (276 ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS . PG&E CALLED FOR SMELL OF GAS FROM HOUSE . CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. NARRATIVE S ?LEMENTAL REPORT: ON MONDAY, 4-10-95 AT ABOUT 1300 HRS , DETECTIVE PETE ENEA AND I ARRIVED AT THE CENTRAL CONTRA COSTA COUNTY NARCOTIC ENFORCEMENT TEAM HEADQUARTERS (CNET) IN PLEASANT HILL FOR A SCHEDULED SEARCH WARRANT BRIEFING. THE PRIMARY AGENCY RESPONSIBLE FOR THE SEARCH WARRANT WAS THE CONTRA COSTA COUNTY SHERIFF ' S OFFICE (CCSO) , SPECIFICALLY DETECTIVE TOM CONGER. DETECTIVE CONGER HAD REQUESTED ASSISTANCE FROM PLEASANT HILL P . D. , AS THE SEARCH WARRANT SITE WAS IN OUR CITY. ALSO PRESENT AT THE BRIEFING, WERE OTHER CCSO PERSONNEL, CNET PERSONNEL, AND THE DEPARTMENT OF JUSTICE VIOLENT SUPPRESSION UNIT (VSU) . DETECTIVE CONGER GAVE THE BRIEFING AND ASSIGNED TASKS . THERE WERE TO BE TWO TEAMS INVOLVED IN SERVING THE WARRANT. THERE WAS THE Er T SIDE TEAM, WHICH WOULD APPROACH FROM THE EAST AND WOULD BE Rho PONSIBLE FOR ACTUALLY MAKING ENTRY AT THE TARGET RESIDENCE ( 103 TRELANY ROAD IN PLEASANT HILL) . THE EAST TEAM WOULD SECURE THE INTERIOR OF THE RESIDENCE. THE SECOND TEAM WAS THE WEST SIDE TEAM. THIS TEAM WAS TO APPROACH THE TARGET RESIDENCE FROM THE WEST, SECURE ANY PERSONS WHO MAY BE OUT FRONT OF THE HOUSE AND THEN SWEEP AROUND THE WEST SIDE OF THE HOUSE TO SECURE THE REAR YARD. I WAS ASSIGNED TO THIS TEAM. WE WERE TOLD THAT THE PRIMARY SUSPECT WAS A MICHAEL COVEY (DOB 10-16-64 ) AKA TERRY JONES. WE WERE TOLD THAT COVEY WAS NOW PLEASANT HILL`PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASIA Disposition: C Case Number: C95-002423-07 BCS Class : 4100 Disposition: A Page : 2 NARRATIVE --------------------------------- --------------------------------- USING HIS LIVE-IN GIRLFRIEND ' S NAME OF JONES . WE WERE TOLD THAT COVEY ALONG WITH HIS GIRLFRIEND, MICHELLE JONES , AND HER TWO CHILDREN RESIDED AT 103 TRELANY ROAD. WE WERE SHOWN A PHOTOGRAPH OF COVEY. THE SEARCH WARRANT WAS FOR SALE AND POSSESSION OF A CONTROLLED SUBSTANCE. ALSO THERE WAS AN ARREST WARRANT FOR COVEY, FOR BEING AN ESCAPEE. ' WE WERE TOLD THAT COVEY MAY HAVE FIREARMS AT THE RESIDENCE. WE l o " WERE TOLD THAT COVEY' S ARREST HISTORY REFLECTED PAST WEAPONS CHARGES AS WELL AS CONTROLLED SUBSTANCE RELATED ARRESTS. WE WERE TOLD THAT THERE WAS NOTHING IN COVEY' S CRIMINAL HISTORY TO INDICATE U ` VIOLENT TENDENCIES . FiL4ALLY WE WERE ADVISED THAT AN UNMARKED SHERIFF ' S UNIT CURRENTLY WAS OBSERVING THE RESIDENCE. WE WERE WAITING FOR COVEY TO RETURN FROM ONE OF HIS FREQUENT LOCAL TRIPS INVOLVING HIS DRUG SALES . FINALLY WE WERE ADVISED THAT COVEY HAD RETURNED TO THE TRELANY RESIDENCE. AS SUCH, BOTH OF THE WARRANT TEAMS DEPLOYED TO THE SITE. DETECTIVE ENEA AND I DROVE TOGETHER TO THE SITE. WE ARRIVED AT ABOUT 1421 HRS . DETECTIVE ENEA STOPPED AND PARKED OUR CAR AT THE SOUTH WEST CORNER OF TRELANY ROAD AND IRVING COURT. WE GOT OUT OF OUR CAR AND IMMEDIATELY RAN EAST ACROSS IRVING COURT AND THROUGH THE FRONT YARD OF 105 TRELANY ROAD. WE WERE THE TRAILING SECTION OF THE WEST TEAM. AS I REACHED THE PROPERTY LINE BETWEEN 103 AND 105 TRELANY ROAD I OT 'ERVED CNET DETECTIVE DONALD WILDES (HOLDING THE BALLISTIC S'L.-ELD) AT THE RESIDENCE FRONT DOOR. BEHIND HIM WAS CCSO SERGEANT NICHOLS . I ALSO SAW CCSO DETECTIVE CONGER AT THE FRONT DOOR WITH THE MEMBERS OF THE DOJ VSU TEAM LINED UP BEHIND HIM. AT THIS POINT I RAN TO MY RIGHT (SOUTH) BETWEEN THE HOUSES OF 103 AND 105 TRELANY ROAD. I WAS TRAILING BEHIND DETECTIVE ENEA TO THE REAR YARD. AHEAD OF US WERE CNET DETECTIVES BRECKON AND BERENDSON, AS WELL AS CCSO DETECTIVE RUSSELL. AS I REACHED THE SOUTHWEST CORNER OF THE RESIDENCE, WHERE THERE WAS AN OPEN CHAIN LINK FENCE GATE, I OBSERVED DETECTIVES BERENDSON AND PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-07 BCS Class : 4100 Disposition: A Page: 3 --------------- ----- NARRATIVE --------------_-_---------------- RUSSELL TO HAVE THEIR GUNS POINTED AT SOMETHING IN THE REAR YARD EAST OF THEIR POSITION. I HEARD THEM SHOUTING, "GUN! GUN! MAN WITH A GUN! " I IMMEDIATELY CROUCHED DOWN AND THEN BEGAN MOVING TOWARD THE WALL OF THE HOUSE FOR COVER. IT APPEARED TO ME THAT THE DETECTIVES FORWARD OF ME WERE WITHDRAWING FOR COVER AND I DID SO ALSO. WHILE THIS WAS GOING ON I COULD HEAR THE OFFICERS AT THE FRONT OF THE HOUSE SHOUTING THEIR SEARCH WARRANT ANNOUNCEMENT. I COULD HEAR THEM SHOUTING THAT THEY HAD A SEARCH WARRANT AND WERE DEMANDING ENTRY. IT BECAME OBVIOUS TO ME THAT THOSE OFFICERS WERE STILL UNAWARE OF THE "GUN" STIPULATION AT THE REAR. AS SUCH I MOVED TO A POSITION WHERE I COULD SEE THE OFFICERS IN THE FRONT AND SHOUTED T THEM THAT WE HAD A MAN IN THE REAR WITH A GUN. I THEN MOVED BACK TOWARD THE REAR AGAIN AND SAW THAT OFFICERS WERE TAKING UP POSITIONS OF COVER AND CONTAINMENT. AS SUCH I MOVED TO A POSITION ON THE WEST SIDE OF A CAR THAT WAS PARKED IN THE YARD NEAR MY POSITION. I THEN OBSERVED THAT CCSO SGT. NICHOLS WAS IN THE FRONT YARD TRYING TO GET A WOMAN AND A SMALL CHILD INTO A POSITION OF COVER. I SHOUTED TO SGT. NICHOLS THAT I WOULD GET THEM OUT OF THE YARD. I THEN ESCORTED THE ADULT FEMALE, LATER IDENTIFIED AS MICHELLE JONES, AND HER TWO YEAR OLD SON TO A POSITION OF SAFETY AT IRVING COURT AND TRELANY ROAD . AT THAT TIME THAT I OBSERVED PLEASANT HILL P . D. PATROL OFFICER TIM JUNG DRIVING EASTBOUND ON TRELANY ROAD. I WAIVED OFFICER JUNG O' R. I INSTRUCTED OFFICER JUNG TO PARK HIS CAR IN SUCH A WAY AS Tu BLOCK ACCESS TO THE AREA, FROM THE WEST, ON TRELANY ROAD. I INSTRUCTED OFFICER JUNG THAT HE WAS TO HOLD THAT POSITION AT TRELANY ROAD AND IRVING COURT AS THE WESTERN POINT OF THE OUTER PERIMETER. I THEN HAD OFFICER JUNG PLACE MICHELLE JONES AND HER SON INTO HIS PATROL CAR. I ASKED MICHELLE WHO ELSE WAS IN THE HOUSE. AT THIS POINT MICHELLE WAS HYSTERICAL. SHE WAS CRYING AND KEPT STATING THAT HER DAUGHTER WAS IN THE HOUSE . PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASIA Disposition: C Case Number: C95-002423-07 BCS Class : 4100 Disposition: A Page : 4 NARRATIVE --------------------------- I HAD MICHELLE CALM DOWN. I QUICKLY EXPLAINED THAT WE DID NOT WANT ANYBODY HURT AND THAT I NEEDED TO KNOW WHO REMAINED IN THE HOUSE. MICHELLE STATED "JUST MY DAUGHTER! " I ASKED IF ANYONE ELSE WAS IN THE HOUSE. MICHELLE STATED "NO! JUST MY DAUGHTER! " I ASKED MICHELLE WHAT HER DAUGHTER' S NAME WAS . SHE SAID IT WAS "NAOMI . " I ASKED MICHELLE HOW OLD HER DAUGHTER WAS. SHE SAID "SEVEN. " I ADVISED, VIA RADIO, THAT MICHELLE ' S DAUGHTER WAS STILL IN THE HOUSE . I_ CONFIRMED WITH MICHELLE THAT HER NAME WAS IN FACT MICHELLE JONES. I THEN ASKED MICHELLE IF ANYONE ELSE, OTHER THAN NAOMI , WAS IN THE HOUSE. MICHELLE SHOOK HER HEAD NEGATIVE AND STATED "NO! NOBODY! " I ASKED MICHELLE IF TERRY (COVEY) WAS IN THE HOUSE. SHE STATED, "NO, HE WENT OUT SOMEWHERE. " I FLATLY TOLD MICHELLE "LOOK WE KNOW TERRY (COVEY) IS IN THE HOUSE. WE SAW HIM. WE SAW HIM WITH A GUN. IF YOU DON'T HELP US, SOMEBODY MAY GET HURT. IS TERRY IN THE HOUSE?" MICHELLE SHOOK HER HEAD YES . I ASKED MICHELLE WHERE TERRY WAS IN THE HOUSE. SHE STATED "I DON'T KNOW. " I ASKED MICHELLE WHAT THE TELEPHONE NUMBER INTO THE HOUSE WAS SHE S TED 11689-5123 . " AT THIS POINT I LEFT MICHELLE WITH OFFICER JUNG AND RETURNED TO A POSITION AT THE NORTH EAST CORNER OF THE HOUSE AT 105 TRELANY ROAD. AS I RETURNED I OBSERVED OFFICERS HURRIEDLY ESCORTING A YOUNG GIRL FROM THE FRONT OF THE HOUSE. FROM THIS POSITION I COULD HEAR GLASS BREAKING WITHIN COVEY' S HOUSE. DETECTIVE WILDES THEN REQUESTED THAT PLEASANT HILL P. D. DISPATCH PLEASANT HILI; Pb PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-07 BCS Class : 4100 Disposition: A Page: 5 NARRATIVE ATTEMPT TO CALL INTO THE RESIDENCE TO ESTABLISH CONTACT WITH COVEY. HEARING THIS , I PASSED ALONG THE PHONE NUMBER THAT MICHELLE HAD GIVEN ME. AT THIS POINT THE SITUATION HAD SOMEWHAT STABILIZED. THE OFFICERS INVOLVED IN THE INITIAL SEARCH WARRANT SERVICE HAD ESTABLISHED A CLOSE PERIMETER RIGHT AROUND THE HOUSE . I COULD HEAR AND SEE THE OFFICERS AT THE FRONT DOOR SHOUTING TO COVEY TO GIVE HIMSELF UP AND COME OUT. OVER THE RADIO I COULD HEAR THAT AN OUTER PERIMETER AND COMMAND POST WAS BEING SET UP. AFTER WAITING A NUMBER OF MINUTES, OFFICERS NEAR THE FRONT DOOR ADVISED THAT "GAS" WAS BEING SMELLED. BELIEVING THAT COVEY MAY If E TURNED ON THE NATURAL GAS INTO THE HOUSE AND RECOGNIZING THE POS3'IB—ul Y OF""A1-EXPLOSION, ALL OF THE OFFICERS NEAR THE HOUSE BEGAN TO PULL BACK. I PULLED BACK TO OFFICER JUNG ' S CAR AT IRVING COURT AND TRELANY ROAD. BY THIS TIME A NUMBER OF PLEASANT HILL P. D. OFFICERS AND CCSO DEPUTIES HAD ARRIVED AT OFFICER JUNG ' S POSITION. AS I APPEARED TO BE THE SENIOR OFFICER PRESENT, I TOOK CHARGE OF THE WESTERN END OF THE PERIMETER. I DIRECTED ONE OFFICER TO TRANSPORT MICHELLE AND HER TWO CHILDREN TO THE COMMAND POST AT GRAND AUTO. I THEN TOOK PATROL OFFICER TIM FRANK AND WE BEGAN EVACUATING A' ACENT HOUSES . WE EVACUATED 105 TRELANY ROAD, 105 1/2 TRELANY RGr,D, 101 IRVING COURT, 103 IRVING COURT, 100 KARRY LANE AND 102 KARRY LANE . AT THE SAME TIME CCSO SERGEANT MIKE DOUGLAS WENT IN TO CHECK ON THE OFFICERS WHO HAD TAKEN POSITIONS AT THE REAR OF THE HOUSE . AFTER EVACUATING THE HOUSES I TOOK UP A POSITION AT OFFICER JUNG ' S CAR. WE STAYED THERE FOR SEVERAL HOURS AS NEGOTIATIONS WERE ATTEMPTED WITH COVEY. PLEASANT HILL Pb PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-07 BCS Class : 4100 Disposition: A Page: 6 NARRATIVE DURING THIS LONG TIME PERIOD I OBSERVED AS SERGEANT HAKEEM SHABAZZ HAD TRIED TO TALK COVEY INTO COMING OUT, VIA A BULLHORN. I WAS AWARE, VIA RADIO TRAFFIC THAT NEGOTIATIONS WERE PROCEEDING ON THE TELEPHONE. AT LEAST TWICE WE WERE ADVISED THAT COVEY HAD STATED THAT HE WAS COMING OUT AND THEN DID NOT. MOST OF THE TIME WE MAINTAINED THE WATCHING PUBLIC AT A SAFE DISTANCE. AT ABOUT 1857 HRS , THE PLEASANT HILL P.D. TACTICAL TEAM BEGAN THEIR OPERATION. I OBSERVED WHAT APPEARED TO BE A "FLASHBANG" EXPLOSION EMIT FROM THE BREEZEWAY OF THE RESIDENCE AT 103 TRELANY ROAD. MOMENTS LATER I OBSERVED THREE PLEASANT HILL P . D. TACTICAL OFFICERS (SEGRAVES, T !BIAS AND CLARK) RUNNING FROM THE WEST SIDE OF COVEY' S HOUSE TOWARD OUR POSITION. AT ALMOST THE SAME TIME I HEARD A SINGLE SHOT FROM THE HOUSE. I REMEMBER IMMEDIATELY THINKING "THIS GUY SHOT HIMSELF . " I THEN HEARD A SECOND SINGLE SHOT AND THEN A WHOLE VOLLF4Y�OF SHOTS . I AND OTHER OFFICERS RAN FORWARD TO COVER ANY OFFICER THAT MAY BE IN TROUBLE AND TO COVER THE EXTRACTION OF OFFICERS SEGRAVES, THOMAS AND CLARK. I SPECIFICALLY ORDERED OFFICER JUNG TO HOLD THE PERIMETER POSITION. I INITIALLY RAN TO THE NORTHWEST CORNER OF THE HOUSE AT 105 TRELANY ROAD. UPON SEEING OFFICERS SEGRAVES, THOMAS AND CLARK MAKE IT TO A POLICE CAR ON THE WESTERN PERIMETER, I MOVED TO THE REAR YARD OF 1' TRELANY ROAD. AT THIS POINT I OBSERVED THAT THERE WERE SEVERAL Ok r'ICERS AT THE REAR. I THEN MOVED BACK OUT AND MADE MY WAY TO THE TACTICAL OFFICERS . I CHECKED TO SEE IF THEY WERE PHYSICALLY ALL RIGHT AND FOUND THAT THEY WERE SUFFERING FROM EXPOSURE TO TEAR GAS. IT WAS FROM THIS POSITION BEHIND THE POLICE CAR AT THE WESTERN END OF THE PERIMETER THAT I HEARD ANOTHER VOLLEY OF SHOTS. THESE TURNED OUT TO BE THE LAST SHOTS . AT NO TIME DID I SEE ANY SHOTS FIRED. PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-08 BCS Class : 4100 Disposition: A Page: 1 CASE REPORT Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level : F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 : 00 Reporting officer: CRINER, LARRY (276 ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS . PG&E CALLED FOR SMELL OF GAS FROM HOUSE . CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. ------------------------------= NAME (S) ---------------- --- ******************************************************************************* ***** WITNESS # 1 Name : CONGER, THOMAS PATRICK Suffix: Race : W Sex : M DOB: 03-15-55 Address : 651 PINE ST, MARTINEZ , CA 94553 Phone 1 : ( 510 ) - Phone 2 : ( 510 ) 313-2600 AKA: DDL # : Height: Weight: Hair Color: Eyes : Arrest # : Charges : NTA # : Comments : 314 - ---------------------= NARRATIVE SUPPLEMENTAL REPORT: REPORT: q. . TUESDAY, 4-11-95 AT 0106 HRS, DETECTIVE THOMAS CONGER WAS rL,%2ERVIEWED REGARDING THE SEARCH WARRANT SERVICE AND SUBSEQUENT TACTICAL INCIDENT AT 103 TRELANY ROAD IN PLEASANT HILL ON MONDAY, 4-10-95 . THE INTERVIEW WAS CONDUCTED BY CONTRA COSTA COUNTY DISTRICT ATTORNEY INVESTIGATOR PAT FARRELL AND MYSELF, PLEASANT HILL P . D. DETECTIVE CORPORAL LARRY CRINER. THE INTERVIEW WAS CONDUCTED IN THE CHIEF ' S CONFERENCE ROOM AT PLEASANT HILL P . D. THE INTERVIEW WAS TAPE RECORDED. THE FOLLOWING IS A SUMMARY OF THE INTERVIEW. THE CASSETTE TAPE OF PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-07 BCS Class : 4100 Disposition: A Page: 7 NARRATIVE --------------------------------- WE WERE NOTIFIED THAT THE SCENE WAS SECURE. I OBSERVED AS COVEY WAS REMOVED FROM THE RESIDENCE TO THE AMBULANCE. I OBSERVED CONSOLIDATED FIRE MOVE IN TO PUT OUT A FIRE THAT HAD STARTED AT THE HOUSE. SUBSEQUENT TO THE FIRE BEING PUT OUT AND COVEY BEING REMOVED FROM THE SCENE, LIEUTENANT TERRY SIMPSON DECLARED THE RESIDENCE A CLOSED CRIME SCENE. I WAS ASSIGNED TO SCENE SECURITY, INCLUDING LOGGING IN AND OUT ANYONE WHO WENT INTO THE CRIME SCENE. I WAS RELIEVED OF THIS POSITION AT ABOUT 2115 HRS . DETECTIVE ENEA AND I DROVE BACK TO PLEASANT HILL P . D. TO JOIN THE INCIDENT DEBRIEFING. ._ '• 4 r y,, 1'i. . , T ------------- I WAS SUBSEQUENTLY ASSIGNED TO THE INVESTIGATION TEAM FOR PLEASANT HILL P . D. I WAS PARTNERED WITH DISTRICT ATTORNEY INVESTIGATOR PAT FARRELL. WE INTERVIEWED CCSO DETECTIVE CONGER, PLEASANT HILL P .D. /CNET DETECTIVE WILDES , AND PLEASANT HILL P . D. TACTICAL OFFICER GORDON THOMAS . REFERENCE OUR ADDITIONAL SUPPLEMENTAL REPORTS FOR THOSE INTERVIEWS . 041395/1335/314/156 RPT# DATE TIME OFC OFC NAME I/T R/T ---- ---- ---- --- -------- --- --- 07 04-12-95 1744 276 CRINER, LARRY 540 200 Reviewed by : ;_j _. Date : F/U assigned to: Due Date : PLEASANT 'HILL PD' PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-02 BCS Class : 4100 Disposition: A Page: 1 ------ CASE REPORT =------------------------------- Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level : F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 : 00 Reporting officer: SCHEMBRA, JOHN ( 136 ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS. PG&E CALLED FOR SMELL OF GAS FROM HOUSE . CODE 331421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. ------------------------------= NARRATIVE ----------------- S,T"'PLEMENTAL REPORT: t ON MONDAY, 4-10-95 I WAS ON DUTY AS THE DAYSHIFT WATCH COMMANDER. I WAS ADVISED BY DETECTIVE DON WILDES OF THE PENDING SERVICE OF A SEARCH WARRANT AT 103 TRELANY ROAD, AND I ASSIGNED OFFICER LAUDERDALE AS THE UNIFORMED OFFICER FOR THE ENTRY/ANNOUNCE TEAM. AT APPROXIMATELY 1423 HRS , I MONITORED A RADIO BROADCAST FROM THE SEARCH WARRANT TEAM THAT THEY HAD A SUBJECT WITH A GUN IN THE HOUSE. I IMMEDIATELY DROVE TO THAT LOCATION TO ASSIST. I CONTACTED LT. SIMPSON AT THE SCENE AND HE DIRECTED ME TO TAKE CHARGE OF TWO HANDCUFFED SUSPECTS STANDING BEHIND A VAN PARKED NEAR THE RESIDENCE. I ESCORTED BOTH SUSPECTS (SHERRY GOMES AND JAMES MORROW) TO THE SIDEWALK BY GRAND AUTO, AND STAYED WITH THEM UNTIL RELIEVED. I THEN STOOD GUARD OVER SUSPECT RIVERA WHILE INTELLIGENCE INFORMATION WAS OBTAINED FROM HER. I THEN TRANSPORTED 11 TO PLEASANT HILL P. D. AND PLACED HER IN CELL #4 . I WENT BACK TO THE COMMAND POST AT APPROXIMATELY 1700 HRS AND REMAINED THERE UNTIL 2130 HRS WHEN I RETURNED TO THE STATION. WHILE AT THE COMMAND POST I ASSISTED WITH CROWD AND TRAFFIC CONTROL. DURING THE ACTUAL TACTICAL OPERATION, I HEARD THE DISTRACTION GRENADE GO OFF, THEN SEVERAL GUN SHOTS , A PAUSE, THEN MORE SHOTS . I WAS UNABLE TO SEE THE INCIDENT FROM MY LOCATION. PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-02 BCS Class : 4100 Disposition: A Page: 2 NARRATIVE ______-------------------________ ----------- ------------------- 041995/1320/314/156 RPT# DATE TIME OFC OFC NAME I/T R/T ---- ---- ---- --- -------- --- --- 02 04-13-95 1330 136 SCHEMBRA, JOHN 420 10 Reviewed by: Date : i =. F/U assigned to: Due Date : PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASIA Disposition: C Case Number: C95-002423-05 BCS Class : 4100 Disposition: A Page : 3 -------------------- NARRATIVE _______________----------------- I WATCHED AS COVEY' S CLOTHES WERE CUT AWAY, REVEALING A PLASTIC BAGGIE CONTAINING WHITE POWDER HIDDEN IN HIS CROTCH. I SEIZED THE BAGGIE AND LATER ALONG WITH THE CLOTHING GAVE THESE ITEMS TO CCCSO DEPUTY TOM CONGER. BECAUSE OF COVEY' S WOUNDS AND THE AID BEING PROVIDED I WAS UNABLE TO OBTAIN ANY STATEMENT FROM HIM. AT ABOUT 1930 HRS , WE LEFT THE SCENE ENROUTE TO JOHN MUIR HOSPITAL. I RODE TO THE HOSPITAL IN THE TRANSPORTING AMBULANCE. COVEY MADE NO STATEMENTS DURING THIS TIME. �. JOHN MUIR HOSPITAL E. R. COVEY WAS ATTENDED BY DR. NARAN PATEL, M. D. , TRAUMA SURGEON; DR. FRANCISCO ARROYO M.D. , EMERGENCY ROOM; AND AN ORTHOPEDIC DR. JOHN WILHEMY. I WAS TOLD THE DOCTORS HAD IDENTIFIED SIX BULLET WOUNDS, RIGHT CHEST, LEFT HIP, RIGHT BICEP, LEFT ELBOW, LITTLE FINGER OF THE LEFT HAND AND THE SCROTUM. - -_� I COULD SEE A COPPER COLORED PROJECTILE PROTRUDING FROM COVEY' S LEFT ELBOW. THE DOCTORS RECOVERED THIS BULLET FOR ME AS EVIDENCE PRIOR TO LEAVING THE E.R. FOR BURGER . WHILE NURSES WHEELED COVEY TO SURGERY I ATTEMPTED TO OBTAIN A STATEMENT FROM HIM. I ASKED HIM IF HIS NAME WAS MICHAEL COVEY AND HE DID NOT RESPOND. I ASKED HIM WHY HE DID THIS AND HE SAID "WHY DON' T YOU JUST KILL ME. " HE MADE NO OTHER STATEMENTS TO ME. COVEY WAS IN SURGERY FOR SOMETIME. WHILE IN SURGERY, DOCTORS REMOVED A SECOND PROJECTILE AND GAVE IT TO ME AS EVIDENCE . BOTH PROJECTILES WERE PACKAGED SEPARATELY IN PLASTIC CONTAINERS AND LATER TURNED OVER TO CCCSO CRIME LAB PERSONNEL. I WAS RELIEVED BY RESERVE OFFICER NESTOR. COVEY WAS STILL IN SURGERY. PLEASANT HILL PD PLEASANT HILL;-CALIFORNIA FULL REPORT PD Class: ASIA Disposition: C Case Number: C95-002423-05 BCS Class: 4100 Disposition: A Page: 4 ------------------------------- NARRATIVE ____________-------------------- I RETURNED TO PLEASANT HILL P.D. ABOUT 2300 HRS AND PARTICIPATED IN A FACTUAL BRIEFING WITH DISTRICT ATTORNEY' S OFFICE INVESTIGATORS. I WAS ASSIGNED TO AN INVESTIGATIVE TEAM WITH DISTRICT ATTORNEY SENIOR INVESTIGATOR TED SPYROW. SPYROW AND I RESPONDED TO THE CRIME SCENE, 103 TRELANY ROAD, AT ABOUT 0030 HRS, 4-11-95 . I CONTACTED CCCSO CRIME LAB TECHNICIAN, RICHARD SCHORR AND TRANSFERRED CUSTODY OF THE RECOVERED BULLETS TO HIM. WE THEN WENT ACROSS THE STREET TO 100 TRELANY ROAD AND CONTACTED A7•NN DOYLE AND ROBERT WILCOX. SPYROW INTERVIEWED THEM AS WITNESSES TO THE EARLIER INCIDENT. I TAPE RECORDED THE INTERVIEW. I TURNED THE MICRO CASSETTE TAPE TO SPYROW. WE COMPLETED THE INTERVIEWS AND RETURNED TO PLEASANT HILL P.D. SPYROW ADVISED HE WOULD CONTINUE THE INVESTIGATION AND THAT I COULD GO HOME. I LEFT THE P . D. ABOUT 0200 HRS . 052295/1540/314/156 RPT# DATE TIME OFC OFC NAME I/T R/T 05 04-15-95 222 PRATT, JOHN F 120 120 Reviewed by -- lam Date : _ F/U assigned to: Due Date: PLEASANT HILL PD ' PLEASANT HILL,. .CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-05 BCS Class : 4100 Disposition: A Page : 1 ---- - CASE REPORT ----------------------- Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level : F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 : 00 Reporting officer: PRATT, JOHN F ( 222 ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS . PG&E CALLED FOR SMELL OF GAS FROM HOUSE . CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. ----------------------- = NARRATIVE ST'DPLEMENTAL REPORT: ON 4-10-95 AT ABOUT 1420 HRS, I MONITORED THE RADIO BROADCAST FOR ASSISTANCE FROM POLICE UNITS SERVING A SEARCH WARRANT AT 103 TRELANY ROAD. I ARRIVED ON TRELANY ROAD AT ABOUT 1423 HRS, AND AT THE DIRECTION OF LT. SIMPSON I BLOCKED TRELANY ROAD AT CONTRA COSTA BLVD WITH MY VEHICLE. I WAS THEN DIRECTED TO TAKE AN OUTER PERIMETER POSITION WITH DETECTIVE ENEA IN THE VACANT LOT AT 101 TRELANY ROAD, EAST OF 103 TRELANY ROAD. IT WAS MY UNDERSTANDING AT THE TIME OF THE RADIO BROADCAST THAT THE SUBJECT OF THE SEARCH WARRANT WAS ARMED AND HAD CONFRONTED THE ENTRY TEAM WITH A HANDGUN. I,. SUBSEQUENTLY LEARNED ADDITIONAL INFORMATION, FROM VARIOUS � . RCES , ABOUT THE SUSPECT MICHAEL COVEY, AKA TERRY JONES . I LEARNED THE WARRANT WAS FOR NARCOTICS AND THAT COVEY WAS AN ESCAPEE. I REMAINED AT MY OUTER PERIMETER POSITION UNTIL BELIEVED BY PLEASANT HILL P. D. TRG TEAM MEMBERS, OFFICER SENST AND OFFICER CLARK. DURING THIS TIME PERIOD THE ODOR OF GAS.. WAS.. PRESENT_ AND -I HEARD-' -- RADIO BROADCASTS REPORTING COVEY HA TURNED ON THE GAS IN THE HOUSE {'AND WAS THREATENING TO IGNITE THE GAS . . _.,f PLEASANT HILL Poi" PLEASANT HILL;. CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-05 BCS Class : 4100 Disposition: A Page : 2 NARRATIVE ONCE RELIEVED OF MY OUTER PERIMETER POSITION I RETURNED AND REMAINED AT THE COMMAND POST FOR THE REMAINDER OF THE INCIDENT. DURING THE NEXT SEVERAL HOURS I HAD NO SPECIFIC ASSIGNMENT BUT ASSISTED IN MAINTAINING THE SECURITY OF THE AREA AROUND THE COMMAND POST. AT ABOUT 1800 HRS , IT WAS APPARENT NEGOTIATIONS WITH COVEY WERE NOT BEING SUCCESSFUL. ON MORE THAN ONE OCCASION I LEARNED HE HAD ,- STATED HE WAS COMING OUTSIDE TO SURRENDER AND DID NOT. ADDITIONAL INFORMATION REPORTED TO THE COMMAND POST WAS THAT COVEY HAS STATED ,-1`._rVi� fHE HAD WIRED HIMSELF TO A BOMB AND WOULD BLOW HIMSELF UP AND ANYONE �ZRYING TO ENTER THE HOUSE . A I EARD LT. HORGAN, LT. SIMPSON AND SGT. SKINNER DISCUSS THE DANGERS AND CONCERNS OF THIS INCIDENT EXTENDING BEYOND SUNSET. A PLAN WAS DEVELOPED TO EXTRACT COVEY FROM THE HOME BEFORE IT GOT F, DARK. AT ABOUT 1855 HRS , THAT PLAN WAS EXECUTED AT WHICH TIME I HEARD A LOUD EXPLOSION WHICH I BELIEVE TO BE A FLASH BANG DISTRACTION USED FOR TACTICAL ENTRY TO THE HOME . THIS EXPLOSION WAS FOLLOWED BY THE SOUND OF GUN FIRE. FIRST ONE OR TWO SHOTS THEN THE SOUND OF RAPID GUN FIRE, AND YELLING TO DROP THE GUN. THE RADIO BROADCAST FROM TRG WAS THAT THEY WERE TAKING GUN FIRE FROM THE SUSPECT: Ir T RE WAS MORE GUN FIRE FOLLOWED BY A REPORT THAT THE SUSPECT WAS DOWN BUT STILL ARMED AND REFUSING TO GIVE UP HIS WEAPON. AT ABOUT 1915 HRS , IT WAS REPORTED THE SUSPECT HAD BEEN DISARMED AND TAKEN INTO CUSTODY. I WATCHED AMR UNIT #56 MOVE IN AND THE SUSPEC SHOT, BEING LOADED INTO THE AMBULANCE . I GOT IN THE AMBULANCE WITH COVEY AS THE PARAMEDICS, AMANDA AREND AND CHRISTINE MAGLEY PROVIDED EMERGENCY MEDICAL AID TO THE SUSPECT. PLEASANT HILL rU PLEASANT HILL; CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-03 BCS Class : 4100 Disposition: A Page: 1 CASE REPORT Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level : F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 : 00 Reporting officer : THOMPSON, DOUG A (204 ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS. PG&E CALLED FOR SMELL OF GAS FROM HOUSE . CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. NARRATIVE S'"'PLEMENTAL REPORT: ON MONDAY, 4-10-95 AT 1423 HRS, I HEARD PLEASANT HILL POLICE DEPARTMENT UNITS BEING SENT TO ASSIST DETECTIVES FROM SEVERAL AGENCIES , WHO WERE SERVING A SEARCH WARRANT AT 103 TRELANY ROAD. THEY WERE TOLD THAT SOMEONE IN THE HOUSE WHERE THE SEARCH WARRANT WAS BEING SERVED HAD A GUN. A FEW MINUTES LATER (ABOUT 1430 HRS) , I WAS ASKED TO CALL THE MAN AT 103 TRELANY AND TELL HIM TO COME OUT THE FRONT DOOR, WITHOUT THE GUN, WITH HIS HANDS RAISED. I WAS TOLD HIS NAME WAS TERRY JONES . I CALLED FROM THE DISPATCH CENTER. I CALLED THE NUMBER THAT I WAS GIVEN, AND IT WAS ANSWERED BY A PHONE ANSWERING MACHINE. I TALKED OVER THE MACHINE, IDENTIFIED MYSELF AS A POLICE OFFICER, AND TOLD "TERRY" TO ANSWER THE PHONE. THERE WAS NO REPLY, SO I TOLD HIM TO DROP THE GUN AND GO OUT THE #.. NT DOOR WITH HIS HANDS RAISED. THERE WAS STILL NO REPLY, AND THE ANSWERING MACHINE DISCONNECTED THE LINE AFTER A MOMENT. A MOMENT LATER, I WAS TOLD THE MAN CALLED US ON THE IN-HOUSE DISPATCH LINE . I WAS GIVEN THE PHONE. I IDENTIFIED MYSELF AS THE POLICE, AND TOLD HIM TO DROP THE GUN, AND HE TOLD__ME THA'' HZDIDN' T_ HAVE' A GUN— HE THEN SAID HE HAD ONE, BUT IT WASN'T LOADED. I TOLD HIM AG_KfN TO COME OUT THE FRONT DOOR, WITH HIS HANDS RAISED. HE REPLIED THAT HE WASN' T GOING TO DO THAT. I TOLD HIM AGAIN TO PUT THE GUN DOWN, AND GO OUT THE FRONT DOOR, PLEASANT i4i i1 Y1) PLEASANT HILL,_ CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-03 BCS Class : 4100 Disposition: A Page: 2 --------------` \--ff------_________ NARRATIVE -----�_l3 i,..• S �Vl'1.�� K l ;S._ ---,;.^: ill rl,.i ~ ,i\ ` - AND ADDED THAT HE'S WOUtDN',T B_E' HURT-.-)_ HE THEN TOLD ME HE WANTED TO B -i F}R`�=-----�'Mry-91- AGAIN TO PQT THE GUN DOWN AND COME OUT, AND HE HUNG UP ON ME. I CALLED THE NUMBER I WAS GIVEN TWO MORE TIMES , AGAIN TALKING OVER THE ANSWERING MACHINE, AND TELLING HIM TO PUT THE GUN DOWN AND COME OUT, UNTIL THE LINE WAS 'DISCONNECTED.- AT 1422 HRS, SGT. SHABAZZ ARRIVED TO ACT AS THE NEGOTIATOR, AND I WENT ON TO OTHER DUTIES. THE PHONES I USED ARE NORMALLY RECORDED PHONE LINES . AT 1910 HRS, I WAS SENT TO 103 TRELANY ROAD, TO ASSIST IN SCENE SECURITY. I WAS THERE UNTIL I WAS ASSIGNED TO THE POLICE DrPARTMENT TO ASSIST IN INTERVIEWING SOME OF THE DETECTIVES WHO :ST ATTEMPTED TO SERVE THE WARRANT, AND TRG MEMBERS WHO RESPONDED TO HANDLE THE TACTICAL SITUATION THAT RESULTED. I ASSISTED DISTRICT ATTORNEY' S INVESTIGATOR JOHN WASSON IN THE INTERVIEWS, AND HE WROTE THE REPORT DETAILING THOSE INTERVIEWS . ON 4-11-95 AT 1430 HRS, I TOOK AERIAL PHOTOS OF 103 TRELANY ROAD AND THE SURROUNDING AREA, FROM A CHP AIRPLANE, CIRCLING THE AREA AT APPROXIMATELY 1000 FEET. I TOOK A SERIES OF PHOTOS BEFORE AND AFTER A TARP WAS REMOVED FROM WHERE IT COVERED THE AREA BEHIND THE GARAGE AT 103 TRELANY. THE PHOTOS WILL BE PLACED INTO EVIDENCE AFTER THEY ARE DEVELOPED. REFER THIS SUPPLEMENT TO THE ORIGINAL REPORT. 0,41995/1330/314/156 RPT#$ DATE TIME OFC OFC NAME I/T R/T 03 04-11-95 2225 204 THOMPSON, DOUG A 720 60 Reviewed by: Date: F/U assigned to: Due Date : PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-06 BCS Class : 4100 Disposition: A Page : 1 CASE REPORT Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level : F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 : 00 Reporting officer: ENEA, PETER (280 ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS . PG&E CALLED FOR SMELL OF GAS FROM HOUSE . CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. ------------------------------= NARRATIVE T- -S IS A SUPPLEMENTAL REPORT. ON 4-10-95 AT ABOUT 0900 HRS, AT THE WEEKLY INVESTIGATIONS BUREAU BRIEFING, DETECTIVE WILDES ASKED FOR PLEASANT HILL P.D. DETECTIVES TO PARTICIPATE IN A SEARCH WARRANT OBTAINED BY A CONTRA COSTA SHERIFF ' S DETECTIVE . THE WARRANT WAS TO BE SERVED AT 103 TRELANY ROAD, PLEASANT HILL. DETECTIVE WILDES IS A PLEASANT HILL POLICE OFFICER WHO IS ASSIGNED TO A MULTI AGENCY NARCOTICS TASK FORCE, CNET �''y�. DETECTIVE WILDES TOLD US THE SHERIFF ' S OFFICE AND CNET WERE PARTICIPATING IN THE SEARCH WARRANT SERVICE. DETECTIVE CRINER AND I WERE ASSIGNED TO PARTICIPATE IN THE SEARCH WARRANT SERVICE. I ATTENDED A BRIEFING AT THE CNET OFFICE ON 4-10-95 AT ABOUT 1300 HRS . THE BRIEFING WAS HELD BY SHERIFF ' S OFFICE DETECTIVE TOM C-IGER. I LEARNED I WAS ASSIGNED TO DETAIN ANY PERSONS PRESENT IN t . FRONT YARD WHEN THE WARRANT WAS SERVED AND TO ALSO GO TO THE BACKYARD TO MAINTAIN A PERIMETER ON THE HOUSE. SEVERAL OTHER PERSONS PRESENT AT THE BRIEFING HAD ESSENTIALLY THE SAME ASSIGNMENT. I LEARNED ENTRY INTO THE HOUSE WOULD BE HANDLED BY A TEAM FROM THE STATE ' S BUREAU OF NARCOTICS ENFORCEMENT (BNE) . A BNE SUPERVISOR ALSO ADDRESSED TACTICS FOR THE SEARCH WARRANT SERVICE. I LEARNED A SUSPECT IN THE HOUSE, MICHAEL COVEY, AKA TERRY JONES, WAS AN ESCAPEE FROM STANISLAUS COUNTY WITH OUTS'TD-1,14G ARREST YLr,tiJtilV'1' C11lili Y'L PLEASANT HILL; CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-06 BCS Class : 4100 Disposition: A Page: 2 NARRATIVE WARRANTS . HIS ARREST WAS AN OBJECTIVE OF THE SEARCH WARRANT. DETECTIVE CRINER AND I WERE ASSIGNED WITH OTHER PERSONS TO APPROACH THE HOUSE FROM THE WEST ON TRELANY ROAD. AT THE TIME OF THE SEARCH WARRANT SERVICE , I WAS DRESSED IN BROWN BOOTS , BLUE JEANS , A SHORT SLEEVE SHIRT, BODY ARMOR, AND A BLACK "RAID VEST. " THE RAID VEST HAD "POLICE" WRITTEN ACROSS THE FRONT, A PLEASANT HILL P . D. PATCH ON THE LEFT CHEST, AND "DETECTIVE ENEA" PRINTED ON THE RIGHT CHEST. I ALSO HAD MY DUTY BADGE ATTACHED TO THE BODY ARMOR OVER THE RAID VEST. I WORE MY DUTY BELT. WHEN THE SEARCH WARRANT WAS SERVED, AT APPROXIMATELY 1421 HRS , I WAS MOVING TOWARDS THE BACKYARD ALONG THE WEST SIDE OF THE HOUSE. '1 . .EE OFFICERS FROM OTHER AGENCIES, BERENDSEN, BRECKON, AND RUSSELL HAD ENTERED THE BACKYARD A FEW FEET AHEAD OF ME . I WAS STILL IN THE FRONT SIDE YARD. I HEARD THE ABOVE OFFICERS YELLING A MAN WAS ARMED WITH A GUN AND FOR HIM TO DROP IT, BUT I DON' T RECALL WHO SAID WHAT. I ALSO SAW THE OFFICERS POINTING THEIR GUNS EAST. I COULDN ' T SEE THE SUSPECT BECAUSE THE CORNER OF THE HOUSE BLOCKED MY VIEW. I THEN HEARD THE ABOVE OFFICERS YELLING THAT THE SUSPECT HAD GONE BACK INTO THE HOUSE WITH THE GUN. I YELLED TO OTHER OFFICERS WHAT I ' D HEARD AND I RETREATED TO A TREE LOCATED OPPOSITE THE WEST SIDE OF 103 TRELANY ROAD. ONE OF THE ABOVE OFFICERS YELLED TO ME THAT WE NEEDED TO POSITION OFFICERS ON THE EAST SIDE OF THE RESIDENCE TO CONTAIN THE SUSPECT. I CROSSED THE FRONT YARD OF THE HOUSE AND I SAW JAMES MORROW AND SHERRY GOMES SITTING IN A PICKUP LOCATED IN THE DRIVEWAY OF 103 T .'..'LANY ROAD . PLEASANT HILL POLICE OFFICER ROBERT LAUDERDALE WAS O'hJERING GOMES AND MORROW OUT OF THE PICKUP . I HELPED DETAIN GOMES AND MORROW, OTHER OFFICERS TOOK CONTROL OF GOMES AND MORROW. I CONTINUED TO THE EAST SIDE OF THE RESIDENCE AND MAINTAINED A PERIMETER POSITION AT 101 TRELANY ROAD UNTIL I WAS RELIEVED BY PLEASANT HILL P . D. TACTICAL TEAM MEMBERS, SENST AND CLARK. AFTER BEING RELIEVED, I WENT TO THE AREA OF THE COMMAND POST FOR SOME TIME. I DIDN' T HAVE AN ASSIGNMENT AND I ' D HEARD A CROWD HAD ' GATHERED AT THE OPPOSITE END OF TRELANY ROAD NEAR THE CITY HALL. I WENT THERE IN CASE ASSISTANCE WITH CROWD CONTROL WAS NEEDED. Y1Lr:A�Atv'1' nl1.,l., ru PLEASANT HILL; CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-06 BCS Class : 4100 Disposition: A- Page : 3 NARRATIVE -- I STAYED AT THE INTERSECTION OF TRELANY ROAD AND IRVING COURT UNTIL THE TACTICAL TEAM MADE ENTRY. I HEARD, EITHER ON THE RADIO OR SOMEONE YELLING, THAT THE SUSPECT WAS ENTERING THE BACKYARD OF 103 TRELANY ROAD. I ALSO HEARD SHOTS BEING FIRED. OFFICER TIM FRANK, WHO WAS PRESENT AT IRVING COURT AND TRELANY ROAD, AND I WENT SOUTH ON IRVING COURT IN CASE THE SUSPECT FLED FROM THE OFFICERS AT 103 TRELANY ROAD. WE STAYED IN THE BACKYARD OF 105 1/2 TRELANY ROAD, WHICH BORDERS 103 TRELANY ROAD. I HEARD MORE SHOTS BEING FIRED IN THE AREA OF 103 TRELANY ROAD. AN APPROXIMATE SIX FOOT HIGH WOODEN FENCE BLOCKED MY VIEW INTO THE BACKYARD OF 103 TRELANY ROAD SO I COULDN' T SEE THE SUSPECT OR OFFICERS . CNET OFFICER WILDES WAS ALSO PRESENT Ir .- THE SAME BACKYARD AS OFFICER FRANK AND I . SHORTLY THEREAFTER, I HEARD OFFICERS TOOK CUSTODY OF THE SUSPECT. THROUGHOUT THIS INCIDENT, I DID NOT SEE THE SUSPECT ARMED WITH THE GUN, OR SHOOTING IT NOR DID I SEE OFFICERS CONFRONTING THE SUSPECT, EXCEPT FOR OFFICERS BRECKON, BERENDSEN, AND RUSSELL, UPON THE INITIAL ATTEMPT OF THE SEARCH WARRANT SERVICE. AFTER THE SUSPECT WAS TAKEN FROM THE RESIDENCE, I HELPED MAINTAIN THE SCENE SECURITY. I ACCOMPANIED A BOMB DISPOSAL OFFICER INTO THE RESIDENCE WHILE HE LOOKED FOR BOMBS OR EXPLOSIVES. I ALSO ACCOMPANIED AN ANIMAL CONTROL OFFICER INTO THE RESIDENCE WHILE HE TOOK CUSTODY OF A DOG LOCATED INSIDE THE RESIDENCE. I STAYED AT THE RESIDENCE UNTIL A RESERVE OFFICER RELIEVED ME AND I WAS DIRECTED TO GO TO PLEASANT HILL P. D. I WAS THEN ASSIGNED BY SC"'. HARPER TO HELP INVESTIGATE THIS INCIDENT. I SUBSEQUENTLY I( . ERVIEWED GOMES , MORROW, MICHELLE JONES, AND BNE AGENT TOM PRENTISS ALONG WITH DISTRICT ATTORNEY INSPECTOR TOM LEARY. SEE MY SEPARATE SUPPLEMENTAL REPORT REGARDING THE INTERVIEWS. REFER TO THE ORIGINAL REPORT. 041395/1110/314/156 RPT# DATE TIME OFC OFC NAME I/T R/T ---- ---- ---- --- -------- --- --- 06 04-13-95 1020 280 ENEA, PETER 600 60 1 Reviewed by: Date: F/U assigned to: Due Date: PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-08 BCS Class : 4100 Disposition: A Page : 2 NARRATIVE THE INTERVIEW WAS LOGGED INTO PLEASANT HILL P. D. EVIDENCE BY ME . DETECTIVE TOM CONGER WAS THE OFFICER WHO HAD ORIGINALLY WRITTEN THE SEARCH WARRANT THAT WAS SERVED AT 103 TRELANY"� ' DETECTIVE , y ' C GER WA Pii$�-0F` `ICLK `THA'Zr" "A�7 `Y`'I� fE' RYEFYNG TO THE ORIGINAL SEARCH WARRANT SERVICE OFFICERS . ' THE INTERVIEW COVERED THE TIME FRAME FROM THE END OF THE BRIEFINGAND THE BEGINNING OF THE SEARCH WARRANT SERVICE. "• DETECTIVE CONGER GAVE US A NARRATIVE OF THE EVENTS FIRST. w. DETECTIVE CONGER TOLD US HOW HE HAD ARRANGED FOR AN OFFICER TO BE WATCHING THE RESIDENCE AT 103 TRELANY ROAD. THE PURPOSE FOR THIS W" - TO WATCH FOR THE PRIMARY SUSPECT, MICHAEL C_OVEY,. TO ARRIVE AT T— HOUSE IN A GRAY TRIUMPH SPORTS CAR. _ ONCE DETECTIVE CONGER WAS NOTIFIED OF COVEY' S ARRIVAL THE INVOLVED OFFICERS DROVE TO THE SITE TO SERVE THE WARRANT. THE REASON FOR DETECTIVE CONGER' S SEARCH WARRANT WAS FOR COVEY' S INVOLVEMENT IN SALES OF METHAMPHETAMINE. ALSO COVEY HAD AN OUTSTANDING ARREST WARRANT FOR BEING AN ESCAPEE. IT SHOULD BE NOTED THAT COVEY WAS USING THE ALIAS TERRY JONES . CONGER EXPLAINED THAT TWO TEAMS WERE USED FOR THE WARRANT SERVICE. ONE TEAM WAS TO APPROACH THE RESIDENCE FROM THE EAST AND ONE TEAM WAS TO APPROACH THE RESIDENCE FROM THE WEST. TPR TEAM THAT APPROACHED FROM THE EAST WAS CONSIDERED THE "INITIAL RCH WARRANT TEAM. " CONGER WAS PART OF THIS TEAM. THEIR JOB WAS TO MAKE THE KNOCK/NOTICE AND THEN ENTER AND SECURE THE INTERIOR OF THE HOUSE. UPON ARRIVAL AT THE SITE BY THE EAST TEAM, THEY FOUND AN ADULT MALE AND ADULT FEMALE IN A CHEVY PICKUP, WITH TEXAS LICENSE PLATES, ATTEMPTING TO BACK OUT OF THE RESIDENCE DRIVEWAY. THE EAST TEAM DETAINED THESE INDIVIDUALS AND ADVISED THEM THAT A SEARCH WARRANT WAS BEING SERVED. DETECTIVE CONGER AND THE EAST TEAM PROCEEDED TO THE FRONT DOOR.. PLEASANT HILL PD PLEASANT HILL, .CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-08 BCS Class : 4100 Disposition: A Page: 3 NARRATIVE DETECTIVE CONGER GAVE THE KNOCK/NOTICE AT THE FRONT DOOR. DETECTIVE CONGER KNOCKED LOUDLY ON THE FRONT DOOR AND SHOUTED ,. "SHERIFF ' S DEPARTMENT! SEARCH WARRANT! DEMAND ENTRY! OPEN, tTHE DOOR! " DETECTIVE CONGER DID THIS THREE TIMES . �`• �', j- §" -h AFTER THE THIRD KNOCK/NOTICE THE OFFICERS BEGAN TO PHYSICALLY OPEN THE DOOR. AT THIS POINT THEY HEARD OFFICERS IN THE REAR YARD SHOUT >m, "GUN! HE ' S GOT A GUN! " '' AT ALMOST THE SAME TIME A WHITE FEMALE ADULT OPENED THE FRONT DOOR. `=F � SHE WAS HOLDING A SMALL CHILD. DETECTIVE CONGER ORDERED HER TO COME OUT OF THE HOUSE . INSTEAD THE FEMALE BEGAN TO CLOSE THE DOOR AND STAY IN THE HOUSE. THE FEMALE THEN RE-OPENED THE DOOR AND CAME OUT OF THE HOUSE . THE FEMALE AND CHILD WERE DETAINED. U1 ,N HEARING THE "GUN" ANNOUNCEMENT FROM THE OTHER REAR YARD OFFICERS , THE OFFICERS AT THE FRONT DECIDED TO SECURE THE SITE AND DID NOT MAKE ENTRY TO THE RESIDENCE . A PERIMETER WAS IMMEDIATELY SET UP . DETECTIVE CONGER AND OTHERS CALLED INTO THE HOUSE FOR "TERRY" TO COME OUT OF THE HOUSE WITH HIS HANDS UP AND GIVE UP. MICHAEL COVEY HAD BEEN USING THE ALIAS TERRY JONES SINCE HIS ESCAPE AND DETECTIVE CONGER CHOSE TO USE THE ALIAS IN ORDER TO NOT LET ON THAT LAW ENFORCEMENT KNEW ABOUT "TERRY' S" ESCAPE . COVEY DID NOT GIVE UP. FROM INFORMATION GIVEN BY THE FEMALE, THAT CAME OUT THE FRONT DOOR, DETECTIVE CONGER LEARNED THAT THERE WAS ANOTHER CHILD IN THE RP-IDENCE . THE OFFICERS AT THE FRONT SHOUTED FOR COVEY TO LET THE C`. LD LEAVE THE HOUSE. THE CHILD THEN CAME OUT OF THE FRONT AND WAS SECURED. THE PERIMETER WAS THEN SECURED AND AS COVEY HAD BEEN OBSERVED WITH A GUN, THE PLEASANT HILL P. D. TACTICAL TEAM WAS ACTIVATED. AT THIS POINT DETECTIVE CONGER CONCLUDED HIS NARRATIVE ABOUT THE INITIAL SEARCH WARRANT SERVICE AS THE WHOLE INCIDENT WAS DIVIDED ..INTO THE INITIAL _SEARCH WARRANT� VICE, THE STAND OFF PERIOD AND THEN THE TACTICAL OPERATION, _1CHOSE TO NOW CLARIFY SOME ISSUES ON THE SEARCH WARRANT SERVICE . �•, .. e 7 ` PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASIA Disposition: C Case Number: C95-002423-08 BCS Class : 4100 Disposition: A Page: 4 NARRATIVE I ASKED DETECTIVE CONGER HOW HE ESTABLISHED COVEY' S IDENTITY. DETECTIVE CONGER STATED THAT BASED ON INFORMATION THAT HE HAD RECEIVED FROM HIS IT-0RMANT, DETECTIVE CONGER OBTAINED A BOOKING PHOTO OF COVEY, HE THEN COMPARED THAT PHOTO TO THE SUBJECT HE WAS SURVEILLING. DETECTIVE CONGER STATED THAT THERE WAS NO DOUBT THAT THE SUBJECT AT THE HOUSE WAS THE SAME ONE IN THE BOOKING PHOTO. DETECTIVE CONGER SAID THAT HE ACTUALLY HAD VIDEO TAPE SHOWING COVEY DRIVING THE GRAY TRIUMPH SPORTS CAR. I ASKED IF DETECTIVE CONGER WAS AWARE OF ANY PEOPLE, OTHER THAN COVEY, WHO WERE AT THE HOUSE. DETECTIVE CONGER SAID HE KNEW THAT MICHELLE JONES , COVEY' S GIRLFRIEND, MAY BE AT THE HOUSE. T7. ' GRAY TRIUMPH SPORTS CAR WAS REGISTERED IN HER NAME. (IT SHOULD B,- NOTED THAT MICHELLE JONES WAS THE ADULT FEMALE WHO CAME OUT OF THE FRONT DOOR WITH THE SMALL CHILD. ) DETECTIVE CONGER SAID THAT HE DID NOT HAVE PRIOR KNOWLEDGE OF THE ,TWO SUBJECTS DETAINED IN THE CHEVY PICKUP. DETECTIVE CONGER SAID ,TWO ANOTHER ADULT MALE HAD BEEN OBSERVED, BUT THAT HE WAS SEEN BY SOMEONE (IN LAW ENFORCEMENT) , HE WAS NOT SURE WHO, AT A NEARBY BURRITO SHOP DURING THIS INCIDENT. DETECTIVE CONGER STATED THAT HE DID HAVE PRIOR KNOWLEDGE OF THE CHILDREN BEING PRESENT. THE YOUNG GIRL HAD BEEN OBSERVED RIDING HER BICYCLE OUT FRONT OF THE RESIDENCE. I ASKED DETECTIVE CONGER TO BRIEFLY COVER THE MAKEUP OF THE TWO SEARCH WARRANT SERVICE TEAMS. THIS HE DID. a ECTIVE CONGER CONTINUED TO ANSWER MY CLARIFYING QUESTIONS . DETECTIVE CONGER STATED THAT ALL TEAM MEMBERS WERE WEARING CLEARLY IDENTIFIABLE "POLICE" CLOTHING. DETECTIVE CONGER STATED THAT UPON ARRIVING AT THE FRONT DOOR HE WAS EITHER DIRECTLY IN FRONT OF HIS TEAM OR BEHIND ONE BUREAU OF NARCOTIC ENFORCEMENT (BNE) OFFICER. DETECTIVE CONGER SAID THAT EITHER WAY, HE WAS THE PERSON WHO GAVE THE KNOCK/NOTICE. DETECTIVE CONGER STATED THAT HE WAS STANDING TO THE RIGHT OF THE FRONT DOOR WHEN MAKING THE KNOCK/NOTICE. PLEASANT HILL Pb PLEASANT HILL , CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-08 BCS Class : 4100 Disposition: A Page : 5 NARRATIVE DETECTIVE CONGER STATED THAT HE MADE THREE CLEAR KNOCK/NOTICES . EACH TIME HE KNOCKED AND ANNOUNCED "SHERIFF ' S DEPARTMENT! SEARCH WARRANT! DEMAND ENTRY! " DETECTIVE CONGER WOULD THEN WAIT SEVERAL c( SECONDS BETWEEN EACH KNOCK/NOTICE. DETECTIVE CONGER SAID THAT AFTER THE SECOND KNOCK/NOTICE HE TRIED THE DOOR KNOB TO SEE IF IT WAS UNLOCKED. IT WAS LOCKED. DETECTIVE \ CONGER SAID THAT HE FELT THIRTY SECONDS HAD PASSED FROM HIS FIRST rg. KNOCK/NOTICE AND HIS TRYING THE DOOR KNOB. 1�.. AFTER THE THIRD KNOCK/NOTICE DETECTIVE CONGER STATED THAT HE COULD HEAR OFFICERS SHOUTING IN THE REAR YARD AND COULD HEAR MOVEMENT IN (Vv.. THE HOUSE. DUE TO NO ANSWER AT THE DOOR, DETECTIVE CONGER ' I,* TRUCTED CCSO SERGEANT NICHOLS TO "KEY" (PHYSICALLY KNOCK 0 EN.).,< ; T. . DOOR. .-,,-.. SGT. NICHOLS STRUCK THE DOOR ONCE, BUT IT DID NOT OPEN. DETECTIVE CONGER STATED THAT AT THIS POINT MICHELLE JONES OPENED THE FRONT DOOR AND WAS HOLDING HER SMALL SON. DETECTIVE CONGER SAID THAT JONES LOOKED STARTLED AND BEGAN TO CLOSE THE DOOR. DETECTIVE CONGER SAID THAT JONES WAS STANDING IN THE DOORWAY AND rSQfiS ,�C�� HAD A FULL VIEW OF THE OFFICERS , BUT CHOSE TO CLOSE THE DOOR /\yU��(6T ANYWAY. DETECTIVE CONGER SAID THAT THEY ORDERED JONES TO LEAVE THE DOOR OPEN AND STEP OUTSIDE . JONES RE-OPENED THE DOOR AND STEPPED ^�j,C \o\ OUTSIDE. SHE WAS THEN ESCORTED AWAY BY SGT. NICHOLS . DETECTIVE CONGER ACKNOWLEDGED THAT HE HAD A LIMITED VIEW INTO THE H SE THROUGH THE OPEN FRONT DOOR. 1 � : L �� DETECTIVE CONGER AGAIN STATED THAT NO OFFICER MADE IT INTO THE ,-," HOUSE AT THIS POINT. �X N' Nf­ �g ��. DETECTIVE CONGER STATED THAT UPON HEARING ABOUT THE "MAN WITH A GUN" , THE SITUATION WAS CONSIDERED A BARRICADED SUBJECT SITUATION. /L NO FURTHER ENTRY WAS ATTEMPTED . DETECTIVE CONGER TALKED MORE ABOUT GETTING THE SECOND CHILD OUT OF THE HOUSE. HE STATED THAT UPON HEARING ABOUT THE SECOND CHILD FROM C �\ . PLEASANT HILL PD PLEASANT HILL, . CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-08 BCS Class : 4100 Disposition: A Page: 8 NARRATIVE APPEARED TO BE METHAMPHETAMINE. THE VILE WAS LOCATED IN COVEXIS CROTCH AREA BY THE EMT' S, AS THEY MFOOVED HISZ;LOTHES. DETECTIVE CONGER OBSERVED THIS . AT THIS POINT D.A. INVESTIGATOR PAT FARRELL ASKED DETECTIVE CONGER SOME CLARIFYING QUESTIONS . DETECTIVE CONGER STATED THAT HIS KNOCK/NOTICE ' S WERE DONE IN A LOUD CLEAR VOICE. DETECTIVE CONGER STATED THAT HE WAS LITERALLY SHOUTING. DETECTIVE CONGER ACKNOWLEDGED THAT HE WAS UNABLE TO CONFIRM COVEY' S IDENTITY AFTER THE SHOOTING DUE TO THE EMT' S WORKING ON HIM. HE SAID OTHER OFFICERS MAY HAVE BEEN ABLE TO, BUT THAT HE HIMSELF DID N!'"'. r DETECTIVE CONGER SAID THAT HIS SEARCH WARRANT WAS FOR POSSESSION FOR SALES OF A CONTROLLED SUBSTANCE AND THAT COVEY' S ARREST WARRANT WAS FOR THE DECEMBER 1991 ESCAPE FROM THE STANISLAUS COUNTY JAIL. DETECTIVE CONGER SAID THAT HE HAD NOT HAD A CHANCE TO PERSONALLY SPEAK TO MICHELLE JONES . DETECTIVE CONGER AGAIN SAID THAT HE SAW COVEY THROUGH THE FRONT WINDOW BUT DID NOT SEE A GUN DUE TO THE WINDOW REFLECTION, ANGLE, ETCETERA. DETECTIVE CONGER STATED THAT HE COULD NOT RECOGNIZE THE SPECIFIC VOICES BUT BELIEVED THAT IT WAS THE TACTICAL OFFICERS DOING THE SHOUTING IN THE REAR YARD. D.- ECTIVE CONGER AGAIN COVERED THE SHOT SEQUENCE. HE SAID HE,,�HEARD A SERIES OF SHOTS THAT DETECTIVE CONGER BELIEVED CAME FROM AN ) HE THEN HEARD A SINGLE SHOT FROM A SEPARATE GUN. THERE WAS TH'Ee A BREAK IN THE SHOOTING. HE THEN HEARD A SINGLE SHOT, A SERIES OF SHOTS AND THEN ANOTHER SINGLE SHOT. DETECTIVE CONGER STATED THAT IN THIS LAST GROUP OF SHOTS HE HEARD AN OFFICER REQUEST ADDITIONAL "CLIPS . " THE TAPED INTERVIEW WAS THEN CONCLUDED AT 0137 HRS. PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-08 BCS Class : 4100 Disposition: A Page: 9 NARRATIVE --------------------------------- NOTHING FURTHER. FORWARD THIS SUPPLEMENTAL REPORT TO THE CASE FILE. 041495/1431/314/156 -------------------------------- EVIDENCE ---------------------------------- ID:C95002423-08-001 Owner: * NONE Category:Y Article :CASSET Brand: Model: Color: Quan: 1 Serial number: Value : $ Desc :CASSETTE TAPE WITH INTERVIEW OF CCSO DETECTIVE CONGER AND PHPD OFFICER r THOMAS AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 04-10-95 08 EVIDENCE EVID 276 314 RPT# DATE TIME OFC OFC NAME I/T R/T 08 04-14-95 1315 276 CRINER, LARRY 60 240 Reviewed by: V- /_l_— Date : 5r1Z//y F/U assigned to: Due Date: PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-09 BCS Class : 4100 Disposition: A Page: 1 CASE REPORT Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level : F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 : 00 Reporting officer: ENEA, PETER (280 ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS . PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. ------------------- --------_= NAME(S) ******************************************************************************* ***** CONTACTED # 1 - Name : GOMES, SHERRY LYNN Suffix: Race : W Sex : F DOB: 06-21-52 Address : 103 TRELANY RD, PLEASANT HILL, CA 94523 Phone 1 : ( 510) 689-5123 Phone 2 : AKA: X Addres- . DDL # : N3401866 Height: 501 Weight: 120 Hair Color: BRO Eyes : BRO Arrest # : Charges : NTA # : Comments : 314 ***** CONTACTED # 2 N(, JONES, MICHELLE LYNN Suffix: Race : W Sex: F DOB: 12-23-67 Address : 103 TRELANY RD, PLEASANT HILL, CA 94523 Phone 1 : ( 510) 689-5123 Phone 2 : (510) - AKA: X Address : 1110 LACEY LN, CONCORD, CA DDL # : C6658343 Height: 506 Weight: 150 Hair Color: BLN Eyes : BRO Arrest # : Charges : NTA # : Comments : 314 PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-09 BCS Class : 4100 Disposition: A Page: 2 NAME(S) 'COkTACTED'4 3 Name : / MORROW, JAMES LINDSEY z Suffix: Race : W Sex : M DOB: 09-21-61 Address : Phone 1 : Phone 2 : ( 510) AKA: Address : DDL # : Height: Weight: Hair Color: Eyes : Arr\ est # : Charges : NTA Comments-: 314 CONTACTED # 4 Name : PRENTISS , TOM Suffix: Race : W Sex: M DOB: Address : Phone 1 : (510 ) Phone 2 : AKA: DDL # : Height: Weight: Hair Color: Eyes : Arrest # : Charges : NTA # : Comments : 314/STATE BUREAU NARCOTICS ENFORCEMENT NARRATIVE THIS IS A SUPPLEMENTAL REPORT. O. 4-10-95 TOM LEARY, SENIOR INSPECTOR, CONTRA COSTA COUNTY DISTRICT ATTORNEY' S OFFICE AND I WERE ASSIGNED TO INTERVIEW MICHELLE JONES , SHERRY GOMES, JAMES MORROW, AND TOM PRENTISS, BUREAU OF NARCOTICS ENFORCEMENT, REGARDING THIS INCIDENT. I WAS PRESENT WITH TOM LEARY DURING ALL OF THE INTERVIEWS . TOM LEARY AGREED TO PREPARE A WRITTEN REPORT REGARDING THE INTERVIEWS WITH MICHELLE JONES AND TOM PRENTISS. LEARY IS TO FORWARD HIS REPORT TO PLEASANT HILL P. D. FOR INCLUSION WITH THIS CASE FILE. ALL OF THE INTERVIEWS WERE TAPE RECORDED AND I PUT TWO CASSETTE TAPES INTO THE PROPERTY ROOM AS EVIDENCE. BOTH LEARY AND I ASKED PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASIA Disposition: C Case Number: C95-002423-09 BCS Class : 4100 Disposition: A Page: 3 NARRATIVE ______--------------------------- QUESTIONS OF THE INTERVIEWEES . FOLLOWING ARE THE INTERVIEWS WITH MORROW AND GOMES: LEARY EXPLAINED TO MORROW THAT WE WERE CONDUCTING AN INVESTIGATION INTO THIS INCIDENT AND THAT HE WAS NOT THE FOCUS OF A CRIMINAL INQUIRY. LEARY TOLD MORROW WE WOULD BE ASKING HIM QUESTIONS AS A WITNESS . MORROW SAID HE UNDERSTOOD THIS . MORROW TOLD US THE FOLLOWING: AT THE TIME OF THIS INCIDENT, HE ' D BEEN PARKED IN THE DRIVEWAY OF 103 TRELANY ROAD. MORROW WAS SEATED BEHIND THE STEERING WHEEL OF HIS PICKUP . MORROW IDENTIFIED THE PICKUP AS BELONGING TO HIM AND S,I -D HE ' S PURCHASING IT DESPITE A LIEN ON THE VEHICLE. MORROW SAID G. .ES WAS THE PASSENGER IN THE TRUCK. MORROW IDENTIFIED 103 TRELANY ROAD AS "GARY' S HOUSE" AND AS THE LOCATION WHERE THE POLICE HAD GONE . MORROW DESCRIBED HIS PICKUP AS A 1993 CHEVROLET PICKUP, BLUE AND SILVER. MORROW SAID HE ' D BEEN PREPARING TO BACK OUT OF THE DRIVEWAY WHEN HE HEARD SOMEONE ON HIS LEFT, WHO HAD A "BADGE AND GUN" TELLING HIM TO PUT THE TRUCK IN PARK. MORROW COMPLIED AND THEN ANOTHER OFFICER TOLD HIM TO THROW THE TRUCK' S KEYS OUT OF THE WINDOW AND HE DID SO. OFFICERS) SUBSEQUENTLY ORDERED HE AND GOMES OUT OF THE TRUCK AND MORROW WAS HANDCUFFED AND DETAINED. INITIALLY HE WAS DETAINED AT HIS TRUCK BUT THEN HE WAS MOVED TO A VAN, AND THEN TO A CURB BEHIND A, 17EHICLE, ACROSS THE STREET (FROM 103 TRELANY ROAD) . HE WAS THEN M. ED TO A POLICE CAR FURTHER DOWN THE STREET MINUTES BEFORE HE WAS TAKEN TO PLEASANT HILL P.D. HE WAS PRESENT FOR 35-40 MINUTES BEFORE BEING TAKEN TO PLEASANT HILL P. D. MORROW SAW OFFICERS MOVING TOWARDS THE HOUSE AT THE TIME HE WAS DETAINED. AFTER HIS DETENTION, HE SAID HE SAW, "BITS AND PIECES . " HE RECALLED SEEING A POLICE OFFICER BY THE GARAGE (AT 103 TRELANY ROAD) AND HE SAW POLICE OFFICERS BY CARS , WHO WERE "WAITING FOR THE NEXT MOVE FROM THE HOUSE . " MORROW SAID HE KNEW IT WAS POLICE WHO WERE PRESENT AT THE HOUSE BUT PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASIA Disposition: C Case Number: C95-002423-09 BCS Class : 4100 Disposition: A Page : 4 NARRATIVE HE DIDN'T SPECIFICALLY RECALL THE GARB WORN BY OFFICERS . HE DID MENTION SEEING AT LEAST ONE OFFICER WHO WORE A "BADGE AND A GUN. " MORROW DID NOT RECALL WHAT OFFICERS SAID WHEN THEY' D GONE TO THE HOUSE. AFTER HE WAS MOVED AWAY FROM THE HOUSE HE REMEMBERED HEARING ON POLICE RADIOS AND IN CONVERSATIONS BETWEEN POLICE OFFICERS THAT OFFICERS HAD DISCUSSED WHETHER "HE" (COVEY) HAD A GUN AND HOW MAY PEOPLE WERE IN THE HOUSE ( 103 TRELANY ROAD) . MORROW REMARKED THAT A LOT OF ACTIVITY HAD OCCURRED AROUND HIM BUT HE COULDN' T RECALL EVERYTHING THAT HAD HAPPENED. HE SAID, "IT WAS LIKE GOING TO CHINA FOR THE FIRST TIME. " MORROW SAID HE ' D GONE TO 103 TRELANY ROAD TO GIVE GOMES A RIDE TO T,''- DMV AT HER REQUEST. HE HAS KNOWN GOMES FOR ABOUT TWO WEEKS AND H� MET HER THROUGH SOMEONE NAMED "GARY" , WHO IS A RESIDENT OF 103 TRELANY ROAD. HE SAID HE ' S KNOWN GARY FOR ABOUT 1 1/2 MONTHS AND HE MET GARY AT A RECORDING STUDIO OPERATED BY A DANNY RIGHTLEY (UNKNOWN IF THE CORRECT SPELLING FOR RIGHTLEY) IN CONCORD. MORROW EXPLAINED HE (MORROW) IS IN A BAND. MORROW SAID GARY DEALS IN "USED ITEMS" AND THAT GARY IS APPARENTLY A TYPE OF SECOND HAND DEALER. MORROW SAID HE ' D BEEN INSIDE THE RESIDENCE AT 103 TRELANY ROAD ONE TIME ABOUT 1 1/2 MONTHS AGO AND HE ' D LOOKED AT USED ITEMS IN GARY' S GARAGE . HE SAID HE KNOWS NOTHING OF GOMES OTHER THAN SHE ' S GARY' S GIRLFRIEND. MORROW ALSO KNOWS LITTLE OF THE RESIDENTS OF THE HOUSE. HE KNOWS A. MICHELLE RESIDES AT 103 TRELANY ROAD WITH HER DAUGHTER NAOMI AND X. ERRY JONES (COVEY) . HE SAID HE HAS SEEN TERRY JONES BUT HE ' S NEVER SPOKEN TO HIM OR BEEN INTRODUCED TO HIM. HE SAID HE HAS MET MICHELLE JONES AND HER DAUGHTER. MORROW SAID GARY (DARST) WAS GONE AT THE TIME OF THIS INCIDENT. OTHER INFORMATION THAT MORROW PROVIDED INCLUDED THE FOLLOWING: HE WAS DISCHARGED FROM THE NAVY AFTER 12 YEARS OF SERVICE FOR DRUG USE . HE SAID HE ' D USED METHAMPHETAMINE ON ONE OCCASION WHILE IN PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-09 BCS Class: 4100 Disposition: A Page: 5 NARRATIVE THE SERVICE AND IT HAD BEEN DISCOVERED BY THE NAVY. HE SAID HE' S CURRENTLY UNEMPLOYED AND HE RESIDES WITH HIS BROTHER, HOWARD MORROW, AT HOWARD MORROW' S RESIDENCE, 1530 ELLIS STREET, CONCORD. THE INTERVIEW WITH MORROW WAS CONDUCTED IN THE LOBBY INTERVIEW ROOM AT PLEASANT HILL P. D. IT BEGAN AT 0237 HRS, AND IT CONCLUDED AT 0251 HRS. WE INTERVIEWED SHERRY GOMES IN THE YOUTH SERVICES BUREAU INTERVIEW ROOM AT PLEASANT HILL P . D. I TOLD GOMES SHE WAS NOT THE SUSPECT IN A CRIMINAL INVESTIGATION AND WE WISHED TO SPEAK TO HER AS A WITNESS . GOMES SAID SHE UNDERSTOOD THIS . IN RESPONSE TO OUR QUESTIONS, GOMES TOLD US THE FOLLOWING: A,' THE TIME OF THIS INCIDENT, WHICH GOMES THOUGHT OCCURRED AT ABOUT 1',o0 HRS , SHE WAS SITTING IN THE PASSENGER SEAT OF A TRUCK BELONGING TO "JAMES" , WHO IS A FRIEND OF GARY DARST-S. GOMES RESIDES AT 103 TRELANY ROAD WITH DARST IN THE GARAGE. JAMES HAD COME TO THE RESIDENCE TO GIVE HER A RIDE TO DMV. A VAN PULLED TO A STOP BEHIND MORROW'S PICKUP. GOMES COMMENTED TO MORROW TO WATCH OUT FOR THE PICKUP AND SHE THOUGHT THE VAN' S DRIVER WAS ABOUT TO BE PULLED OVER BY A UNIFORMED POLICE OFFICER FOLLOWING IT ON A MOTORCYCLE. IN HIS INTERVIEW, MORROW HAD NOT RECALLED HEARING GOMES TELL HIM ABOUT THE PICKUP . GOMES SAID SHE AND MORROW WERE THEN ORDERED OUT OF THE PICKUP AT GUNPOINT. SHE HAD INITIALLY THOUGHT THE OCCUPANTS OF THE VAN WERE B,P'rNG PULLED OVER BY THE MOTORCYCLE OFFICER BUT SHE THEN REALIZED T. . OCCUPANTS OF THE VAN WERE THE POLICE. SHE EXPLAINED THEY WERE ARMED WITH GUNS- GOMES SAID SHE SAW THE POLICE GOING TO THE HOME' S FRONT DOOR. SHE DIDN' T RECALL WHAT WAS BEING SAID BUT SHE HEARD YELLING. GOMES EXPLAINED SHE WAS FOCUSED ON WHETHER ON NOT HER DAUGHTER AND GRANDCHILDREN WERE IN THE RESIDENCE, WERE OKAY. SHE SAID, "I WAS JUST WORRIED ABOUT THE KIDS. " SHE WAS THEN MOVED DOWN THE STREET. GOMES SAID ONCE SHE WAS MOVED DOWN THE STREET BY THE POLICE SHE COULD STILL SEE 103 TRELANY ROAD BUT SHE COULDN'T SEE WHAT WAS OCCURRING THERE. SHE EXPLAINED SHE CAN' T SEE REALLY WELL AND HAS PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-09 BCS Class : 4100 Disposition: A Page: 6 NARRATIVE BEEN TOLD BY A DOCTOR THAT SHE NEEDS EYEGLASSES . HOWEVER, SHE ALSO SAID SHE SEE ' S WELL ENOUGH TO DO THINGS LIKE DRIVE A CAR. GOMES ALSO SAID WHEN SHE WAS MOVED BY THE POLICE AWAY. FROM THE HOUSE, SHE SAW THAT THE POLICE HAD SURROUNDED IT AND THAT THEY WERE TRYING TO GET "HIM" (COVEY) TO COME OUT. GOMES SAID SHORTLY BEFORE THIS INCIDENT OCCURRED, SHE ' D BEEN INSIDE THE RESIDENCE AT 103 TRELANY ROAD. SHE SAID TERRY JONES (COVEY) , MICHELLE JONES , AND MICHELLE JONES ' CHILDREN (NAOMI AND GARRETT) WERE THE OCCUPANTS OF THE HOUSE . GOMES SAID MORROW IS A FRIEND OF GARY DARST ' S . Cl-''ES SAID SHE GOES INTO THE MAIN RESIDENCE AT 103 TRELANY ROAD TO B,-.-.,Y SIT AND TO USE THE BATHROOM BUT SHE IS NOT VERY FAMILIAR WITH THE CONTENTS OF THE HOUSE . SHE DIDN' T KNOW WHY TERRY JONES (COVEY) HAD A PROPANE TANK IN THE HOUSE BUT SAID HE OFTEN USES TORCHES . SHE WAS UNAWARE OF ANYTHING IN THE HOUSE THAT COVEY WOULD WANT TO KEEP FROM THE POLICE . SHE SAID COVEY HAS A "SHADY" PAST BUT SHE DIDN' T SEEM TO KNOW WHY SHE CHARACTERIZED HIM AS SUCH . SHE SAID SHE DOESN' T KNOW ANYTHING ABOUT COVEY' S PAST. GOMES SAID SHE ' S CLOSE TO MICHELLE JONES BUT JONES HAS NEVER DISCLOSED TO HER DETAILS ABOUT HER RELATIONSHIP WITH COVEY INCLUDING MICHELLE JONES ' KNOWLEDGE OF COVEY' S TRUE IDENTITY AND H,TG STATUS AS AN ESCAPEE . GOMES SAID ON THE DATE OF THIS INCIDENT, G EY SEEMED TO BE NORMAL. SHE SAID COVEY HAS ACTED PARANOID IN THE PAST AND DESCRIBED HIS PARANOIA AS ACTIONS SUCH AS FREQUENTLY LOOKING OUT THE WINDOW. GOMES SAID SHE ' D NEVER SEEN COVEY IN POSSESSION OF A GUN BUT SHE ' D HEARD IN HIS PAST THAT HE ' D HAD GUNS . SHE WAS UNAWARE OF COVEY POSSESSING EXPLOSIVES . GOMES THOUGHT COVEY MIGHT USE DRUGS ALTHOUGH SHE ' D NEVER SEEN COVEY USING ANY. SHE EXPLAINED DRUG USE MAY ACCOUNT FOR COVEY' S PARANOIA. GOMES WAS UNAWARE OF ANY SUICIDAL TENDENCIES COVEY MAY HAVE. GOMES SAID SHE WAS UNAWARE OF WHY THE POLICE WOULD BE LOOKING FOR COVEY AND SAID SHE DIDN' T KNOW PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-09 BCS Class : 4100 Disposition: A Page: 7 --- ------------ NARRATIVE THAT HE ' S AN ESCAPEE. GOMES SAID COVEY DOES NOT DRINK. GOMES SAID SHE ' S KNOWN COVEY FOR ABOUT FIVE YEARS AND SHE FIRST MET HIM AS "MIKE. " SHE MET HIM BECAUSE HER DAUGHTER HAD STARTED A RELATIONSHIP WITH HIM. ABOUT TWO YEARS AGO, COVEY BEGAN REFERRING TO HIMSELF AS TERRY JONES. COVEY EXPLAINED TO GOMES THAT TERRY IS HIS TRUE NAME BUT HE ' D BEEN TEASED AS A CHILD BECAUSE IT' S ALSO A GIRL ' S NAME . HE HAD CHANGED IT TO MIKE BUT HE ' D DECIDED TO CHANGE IT BACK AGAIN TO TERRY. GOMES DIDN'T KNOW COVEY' S LAST NAME. IN THE INTERVIEW, SHE REFERRED TO COVEY AS "TERRY. " GOMES SAID SHE ' S LIVED fi 103 TRELANY ROAD -FOR ABOUT THE PAST TWO Y(r" RS WITH GARY DA SHE SAID SHE:-CURRENTLY-.LIVES IN THE GARAGE ti 9, _ BEFORE THAT,�•Hfh ' D LIVED IN A TRAILER LOCATED AT THE REAR OF 103 TRELANY ROAD. :,'SHE SAID SHE COULDN'T CONSENT TO A'-,SEARCH OF THE r ="•' ` GARAGE BECAUSE T ' S ACTUALLY DARSTIS PROPERTY. GOMES SAID COVEY AND MIC�iELL,E�TANES-HAD-MOVED INTO THE MAIN RESIDENCE AT 103 TRELANY ROAD ABOUT ONE YEAR AGO. GOMES SAID COVEY HAS NEVER BEEN FRIENDLY WITH HER BUT HE USUALLY GOT ALONG WITH PEOPLE. SHE EXPLAINED AS A MOTHER-IN-LAW COVEY KEPT HIS DISTANCE FROM HER. MICHELLE JONES ALSO CONSENTED TO A SEARCH OF HER RESIDENCE. SHE SIGNED A PLEASANT HILL P . D. CONSENT TO SEARCH FORM IN MY PRESENCE AND I GAVE IT TO HER TO READ BEFORE SHE SIGNED IT. INSPECTOR LEARY HAD ASKED JONES FOR THE CONSENT TO SEARCH THE RESIDENCE AND I TAPE RF^ORDED THE CONVERSATION. l THE INTERVIEW WITH GOMES BEGAN AT ABOUT 0200 HRS AND IT WAS CONCLUDED AT ABOUT 0220 HRS . OTHER INFORMATION GOMES PROVIDED IN HER INTERVIEW INCLUDED: SHE ' S UNEMPLOYED AND SHE HAS A SON, JEFFREY, WHO HAS A DOB OF 6-21-52 . I LABELLED THE CASSETTE TAPES AS ITEMS 1A AND 1B. REFER TO THE ORIGINAL REPORT. PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class: ASLA Disposition: C Case Number: C95-002423-09 BCS Class : 4100 Disposition: A Page: 8 NARRATIVE 041395/1515/314/156 EVIDENCE --- - - ******************************************************************************* ID:C95002423-09-001 Owner: * NONE Category:Y Article :TAPES Brand: Model :AUDIO Color: Quan: 2 Serial number: Value : $ Desc :TWO AUDIO TAPES LABELLED lA AND 1B Af'u Date Rept# Activity AG Storage Disp OF1 OF2 Comments t. 01 04-10-95 09 EVIDENCE EVID 280 314 02 04-12-95 01 EVIDENCE EVID 278 IN E15 BX1 RPT# DATE TIME OPC OFC NAME I/T R/T ---- ---- ---- --- -------- 09 04-12-95 1515 280 ENEA, PETER 660 180 7 Reviewed by: -1-''^- Date . l F/U assigned to: Due Date : PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-10 BCS Class : 4100 Disposition: A Page: 1 ------------------------------- CASE REPORT ---------------------------=---- ---- -------------------------- -------------------------------- Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level: F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 : 00 Reporting officer: CRINER, LARRY (276 ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS . PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. ----------------------- WITNESS # 1U ---,, �-t Name'- THOMAS, GORDON C �'� Suffix: OFC Race : W Sex : M DOB: 10-05-56 Address : 330 CIVIC DR, PLEASANT HILL, CA 94523 Phone 1 : ( 510) 671-4600 Phone 2 : (510) - AKA: X DDL # : N3734109 Height: Weight: /Hair Color: Eyes : Arrest # : Charges : NTA,,. # : Comments : 314 ----------------- _--- NARRATIVE SUPPLEMENTAL REPORT: Q-. TUESDAY, 4-11-95 AT 0154 HRS, PLEASANT HILL P. D. OFFICER GORDON THOMAS WAS INTERVIEWED REGARDING THE TACTICAL OPERATION AT 103 TRELANY ROAD IN PLEASANT HILL ON MONDAY, 4-10-95 . THE INTERVIEW WAS CONDUCTED BY CONTRA COSTA COUNTY DISTRICT ATTORNEY INVESTIGATOR PAT FARRELL AND MYSELF, PLEASANT HILL P.D. DETECTIVE CORPORAL LARRY CRINER. THE INTERVIEW WAS CONDUCTED IN THE CHIEF ' S CONFERENCE ROOM AT PLEASANT HILL P .D. THE INTERVIEW WAS TAPE RECORDED. THE CASSETTE TAPE OF THE INTERVIEW WAS LOGGED INTO PLEASANT HILL P.D. EVIDENCE BY ME . PLEASANT HILL PD± PLEASANT HILL:, _CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-10 BCS Class : 4100 Disposition: A Page : 2 NARRATIVE THE FOLLOWING IS A SUMMARY OF THE INTERVIEW. OFFICER THOMAS ADVISED THAT HE HAS BEEN A PLEASANT HILL P. D. OFFICER FOR APPROXIMATELY EIGHT YEARS AND THAT DURING THIS PARTICULAR INCIDENT HE WAS SERVING AS A .TACTICAL OFFICER. OFFICER THOMAS STATED THAT HE WAS CALLED TO THE SCENE AT 103 TRELANY ROAD AS PART OF A TACTICAL "CALL OUT. " OFFICER THOMAS RESPONDED TO THE SCENE WEARING DISTINCTIVE POLICE CLOTHING. OFFICER THOMAS STATED THAT UPON HIS INITIAL ARRIVAL AT THE SCENE, TACTICAL OFFICERS TOOK UP POSITIONS ON THE PERIMETER IN ORDER TO R{--" tEVE THOSE OFFICERS THAT HAD BEEN ON THE PERIMETER FOR SOME 71--OtE. WITH THE DECISION WAS MADE TO TAKE TACTICAL ACTION, OFFICER THOMAS RETURNED WITH OTHER TACTICAL OFFICERS FOR A BRIEFING AT THE COMMAND POST. OFFICER THOMAS STATED THAT HE WAS BRIEFED "IN GENERAL" THAT PLEASANT HILL P . D. TACTICAL OFFICERS WERE GOING TO INTRODUCE TEAR GAS TO THE REAR OF THE TRELANY RESIDENCE AND FORCE THE SUSPECT OUT THE FRONT DOORS AND TO THE ARREST TEAM. OFFICER THOMAS ' ASSIGNMENT WAS TO BE ONE OF THE OFFICERS THAT WERE INTRODUCING THE TEAR GAS AT THE REAR OF THE HOUSE . OFFICER THOMAS STATED THAT OFFICER TODT CLARK, ROBERT LAUDERDALE, H7--SELF AND OFFICER WILLIAM SEGRAVE D UP ON THE EAST SECTION vi 0 VJ r t) di THE TARGET PROPERTY. OFFICER CLARK WAS TO ACT AS LEAD SECURITY OFFICER LAUDERDALE WAS TO BREAK WINDOWS . OFFICER THOMAS WAS TO N✓ TOSS IN THE TEAR GAS GRENADES AT EACH BROKEN WINDOW. OFFICER SEGRAVES WAS TO BE REAR SECURITY. THIS GROUP OF FOUR OFFICERS WALKED DOWN THE EAST SIDE OF THE GARAGE TO THE REAR YARD. THEY THEN WENT TO THE SOUTH EAST CORNER OF THE HOUSE WHERE OFFICER LAUDERDALE BROKE A WINDOW AND OFFICER THOMAS TOSSED IN A TEAR GAS GRENADE. AT THIS POINT OFFICER THOMAS HEARD SOMEONE IN THE HOUSE RUNNING TOWARDS THE REAR OF THE HOUSE. PLEASANT HILL PD. PLEASANT HILL, ,CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-10 BCS Class : 4100 Disposition: A Page: 3 ----------------= NARRATIVE ------------------___________---- AT THIS POINT THE FOUR OFFICERS CONTINUED TO MOVE WEST ACROSS THE REAR OF THE HOUSE . AT ABOUT A MIDPOINT THEY FOUND A BATHROOM WINDOW. THIS WINDOW TOO WAS BROKEN AND TEAR GAS INTRODUCED. THE FOUR OFFICERS THEN CONTINUED MOVING TO THE SOUTH WEST CORNER OF THE HOUSE . HERE THEY FOUND A WINDOW OPEN. OFFICER THOMAS BEGAN TO TOSS IN THE TEAR GAS GRENADE, WHEN IT PREMATURELY DETONATED AND COVERED THE OFFICERS WITH TEAR GAS . OFFICERS THOMAS , CLARK AND SEGRAVES CONTINUED AROUND THE CORNER OF THE HOUSE AND MOVED TO THE FRONT YARD. OFFICER THOMAS DOES NOT KNOW WHERE OFFICER LAUDERDALE WENT TO. Orr'ICER THOMAS SAID THAT WHILE THEY WERE AT THE THIRD WINDOW, HE HEARD A FLASH BANG GRENADE GO OFF EAST OF HIS POSITION. HE THEN HEARD RUNNING INSIDE THE HOUSE AND A MALE VOICE INSIDE THE HOUSE SHOUT "GET THE FUCK OUTTA HEAPr!-? OFFICER THOMAS WENT ONTO SAY THAT AS HE WAS THROWING THE THIRD CASNAIQE,HE HEARD TWO TO THREE SHOTS FIRED INSIDE OF THE HOUSE. OFFICER THOMAS, H�EN HEARD AUTOMATIC GUNFIRE COMING FROM THE EAST SIDE OF THE HOUSE.----- ---y` OFFICER THOMAS STATED THAT THE TEAR GAS FROM THE PREMATURE DETONATION LITERALLY OVERWHELMED OFFICER SEGRAVES, CLARK AND HIMSELF . THEY SOUGHT COVER NEAR A CAR IN THE FRONT YARD. HE SAID THAT AS THEY WERE MOVING TO THE FRONT YARD, OFFICER THOMAS HEARD SHOUTING FROM THE OFFICERS THAT WERE NOW IN THE REAR YARD. HE SAID HE HEARD THE OFFICERS "DIRECTING" THE SUSPECT TO CO UT. OFF THOMAS SAID HE HEARD WHAT HE THOUGHT WAS THE SUSP T SHOUTING FROM �-, INSIDE OF THE HOUSE, BUT COULD NOT MAKE OUT AT HE WAS SAYING. _ _ ICER THOMAS THEN HEARD MORE GUNFIRE FROM BOTH INSIDE AND OUTSIDE THE HOUSE . OFFICER THOMAS HAD NOTHING FURTHER TO ADD REGARDING THE ACTUAL TACTICAL ACTION. OFFICER THOMAS SAID THAT HE SPOKE TO MICHELLE JONES (A RESIDENT OF THE TRELANY RESIDENCE AND SUSPECT' S GIRLFRIEND) , WHILE AT THE COMMAND POST PRIOR TO THE TACTICAL ACTION. HE WAS TRYING TO OBTAIN A FLOOR PLAN OF THE HOUSE. OFFICER THOMAS SAID THAT MICHELLE WAS HESITANT TO GIVE INFORMATION. i PLEASANT HILL PD` PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-10 BCS Class : 4100 Disposition: A Page : 4 NARRATIVE --------------------------------- - --------- --------------------------------- MICHELLE TOLD OFFICER THOMAS THAT TERRY JONES WAS IN FACT IN THE HOUSE. SHE TOLD HIM THAT THERE WERE NO WEAPONS IN THE HOUSE EXCEPT FOR POSSIBLY A "FLARE GUN. " MICHELLE TOLD OFFICER THOMAS THAT SHE DID NOT KNOW OF TERRY JONES HAVING ANY SUICIDAL THOUGHTS . SHE ALSO TOLD OFFICER THOMAS THAT SHE DID NOT THINK THAT TERRY JONES WAS UNDER THE INFLUENCE OF ANY DRUGS. OFFICER THOMAS SAID THAT AT NO TIME DID HE SEE THE SUSPECT OR THE SUSPECT WITH A WEAPON. OFFICER THOMAS SAID THAT AT NO TIME DID HE SEE ANYONE, OFFICER 'OR SUSPECT, FIRE ANY WEAPON. Q- 'ICER THOMAS COULD ADD NOTHING FURTHER. ALL OF THE ABOVE TL..ORMATION. WAS OBTAINED BY NARRATIVE BY OFFICER THOMAS OR BY CLARIFYING QUESTIONS . THE INTERVIEW CONCLUDED 4-11-95 AT 0225 HRS . REFER THIS SUPPLEMENT TO THE CASE FILE. 051095/0916/314/156 EVIDENCE ******************************************************************************* ID:C95002423-10-001 Owner: * NONE Category:Y Article:CASSET Brand: Model: Color: Quan: SF-ial number: Value : $ D.. .c :CASSETTE TAPE OF INTERVIEW WITH CCCNET DETECTIVE DONALD WILDES AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 05-09-95 10 EVIDENCE EVID 276 314 RPT# DATE TIME OFC OFC NAME I/T R/T 10 05-08-95 1711 276 CRINER, LARRY 45 120 i Reviewed by : _ / Date : F/U assigned to : Due Date : PLEASANT HILL PD ' PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-08 BCS Class : 4100 Disposition: A Page: 6 NARRATIVE -_____-__---_-_-_-_-___----___-_- JONES, VIA OTHER OFFICERS, HE AND OTHERS BEGAN TO SHOUT FOR COVEY TO LET THE GIRL GO. DETECTIVE CONGER STATED THAT SOON THEY SAW HER HANDS IN THE DOORWAY. HE TOLD HER TO COME OUT AND SHE DID. SHE RAN TO DETECTIVE CONGER, WHERE HE DIRECTED HER TO ANOTHER OFFICER AND SAFETY. DETECTIVE CONGER SPOKE ABOUT SMELLING THE ODOR OF NATURAL GAS EMITTING FROM THE HOUSE. HE ALSO STATED THAT HE COULD SMELL CHEMICAL ODORS AND COULD HEAR GLASS WARE BEING BROKEN INSIDE THE HOUSE. BASED UPON SAFETY CONCERNS THE DECISION WAS MADE TO PULL BACK AND SECURE THE PERIMETER FARTHER AWAY FROM THE HOUSE. IN MOVING INTO THE STAND OFF PHASE OF THE INCIDENT, DETECTIVE CONGER MAINTAINED A POSITION ON THE PERIMETER. AT FIRST, BY A VT"'ICLE PARKED IN FRONT OF THE HOUSE ON THE STREET AND THEN TO A P'% .%. .-ITION ACROSS THE STREET FROM THE HOUSE. DETECTIVE CONGER STATED THAT DURING THE STAND OFF PHASE HE DID OBSERVE COVEY COME TO A WINDOW AT THE FRONT OF THE HOUSE NEAR THE FRONT DOOR. COVEY LOWERED THE BLINDS TO THIS WINDOW. DETECTIVE CONGER DID NOT SEE A GUN NOR DID HE HEAR COVEY SAY ANYTHING. DETECTIVE CONGER ACKNOWLEDGED OBSERVING PLEASANT HILL P.D. SERGEANT SHABAZZ ATTEMPTING TO NEGOTIATE WITH COVEY, VIA A BULL HORN. NEXT, MOVING INTO THE TACTICAL OPERATION PHASE, DETECTIVE CONGER GAVE A BRIEF NARRATIVE AS TO WHAT HE OBSERVED FROM DIRECTLY ACROSS THE STREET FROM THE HOUSE. IT SHOULD BE NOTED THAT COMMAND OF THE SITUATION HAD SHIFTED FROM DFmECTIVE CONGER TO PLEASANT HILL P. D. TACTICAL COMMAND. DETECTIVE CONGER SAID THAT HE WAS NOTIFIED THAT TEAR GAS WAS GOING TO BE USED IN THIRTY MINUTES AND THEN THE NEXT OBSERVATION HE HAD WAS OF TACTICAL TEAM MEMBERS MOVING IN. DETECTIVE CONGER OBSERVED TACTICAL TEAM MEMBERS ENTER THE PROPERTY ON THE NORTHEAST SIDE OF THE PROPERTY, NEAR THE GARAGE, AND THEN TRAVEL SOUTH, OUT OF HIS SIGHT, ON THE EAST SIDE OF THE GARAGE. HE THEN OBSERVED SOME MORE TACTICAL TEAM MEMBERS TAKE UP A POSITION IN FRONT OF THE GARAGE. PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-08 BCS Class : 4100 Disposition: A Page : 7 NARRATIVE DETECTIVE CONGER SAID HE HEARD NOISE IN THE REAR YARD, COULD HEAR ' A WINDOW TO THE REAR BREAK AND THEN HEARD A "LOUD BOOM" , WHICH HE . ASSUMED WAS A "FLASH BANG. " HE THEN HEARD SOMEONE YELL "POLICE ?OFFICERS! GET YOUR HANDS UP! GET YOUR HANDS UP! COME OUT! COME OUT! " DETECTIVE CONGER THEN HEARD SHOTS . DETECTIVE CONGER THEN ANSWERED MY CLARIFICATION QUESTIONS . DETECTIVE CONGER STATED THAT HE COULD NOT DISTINGUISH WHOSE VOICE WAS DOING THE SHOUTING. 'DETECTIVE CONGER SAID THAT HE COULD NOT TELL WHO FIRED FIRST. HE SAID T1 ATJHE ffRA_RD-A--BURST 'OF�SHOTS RIGHT AFTER THE SHOUr'TIN THEN HE HEARD SOME SINGLE SHOTS THAT SOUNDED LIKE THEY CAME FROM A P-"FERENT GUN. DETECTIVE CONGER WAS NOT SURE OF THE SHOT ORDER. DETECTIVE CONGER SAID THAT THERE WAS A "LULL" IN THE SHOOTING. HE THEN HEARD A SINGLE SHOT AND THEN A SERIES OF SHOTS. DETECTIVE CONGER SAID THAT HE THEN HEARD AN OFFICER REQUESTING ADDITIONAL !`"CLIPS ' HE SAID THAT HE LATER LEARNED THAT ONE TACTICAL OFFICER HAD A MALFUNCTION WITH HIS WEAPON. DETECTIVE CONGER ACKNOWLEDGED THAT HE DID NOT OBSERVE ANYONE FIRE ANY SHOTS . DETECTIVE CONGER SAID THAT HE DID OBSERVE THE FLASH OF THE "FLASH BANG" AND HEARD THE "POP" OF THE TEAR GAS GRENADES . DETECTIVE CONGER DID NOT OBSERVE ANY RICOCHET OR ANYTHING BEING HIT BY GUN FIRE . DE'T'ECTIVE CONGER DID NOT HEAR THE SUSPECT SAY ANYTHING DURING THE T� rICAL OPERATION. DETECTIVE CONGER HELD HIS POSITION UNTIL THE SHOOTING HAD STOPPED AND THE SCENE WAS DECLARED SECURE. UPON THE SUSPECT, COVEY, BEING REMOVED FROM THE RESIDENCE AND TURNED OVER TO THE EMT- S , DETECTIVE CONGER OBSERVED THE MEDICAL TREATMENT FOR COVEY. THE EMT' S CUT OFF COVEY' S CLOTHES IN FRONT OF DETECTIVE CONGER AND TURNED THE CLOTHES OVER TO HIM. THEY ALSO TURNED DIRECTLY OVER TO DETECTIVE CONGER A VILE OF WHAT PLEASANT HILL 'PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-11 BCS Class : 4100 Disposition: A Page: 2 NARRATIVE WARRANT SERVICE . LT. SIMPSON STATED HE DECIDED IN THE MORNING OF 4-10-95 HE WAS GOING TO ATTEND THE BRIEFING AT CCCNET TO SEE IF THEY NEEDED ADDITIONAL PEOPLE. LT. SIMPSON SAID AT 1300 HRS, HE ATTENDED THE BRIEFING WHICH WAS CONDUCTED BY CONGER FROM THE CCCSO. SIMPSON STATED THE BRIEFING INCLUDED THE ASSIGNMENTS, THE NATURE OF THE SEARCH WARRANT AND THE ENTRY PLAN. T. SIMPSON STATED THE SEARCH WARRANT WAS DELAYED BECAUSE THEY ��` I S NOT PRES T 03 TRE L NY ROAD. LT. SIMPSON SAID THEY WAITED UNTIL THEY RECEIVED INFORMAT ON FROM MIKE DOUGLAS (CCCSO) THAT THE SUSPECT HAD $" 1URNED. LT. SIMPSON ADDED THAT HE HAD NO ASSIGNMENT IN THE AVICE THE SEARCH WARRANT BUT WAS THERE SIMPLY TO OBSERVE AND RE T PLEASANT HILL P. D. �(1 LT. SIMPSON STATED AT APPROXIMATEL 1330 HRS , THE SEARCH WARRANT TEAM LEFT CCCNET FOR THE HOUSE . SI N D HE ARRIVED IN THE �� ` PARKING LOT OF GRAND AUTO PRIOR TO THE SEARCH WARRANT TEAM ARRIVING ON THE SCENE . SIMPSON SAID HE SAW THE SEARCH WARRANT TEAM ARRIVE AND HEAD TOWARDS THE HOUSE . SIMPSON STATED HE MOVED HIS VEHICLE DOWN THE STREET SO HE COULD OBSERVE WHAT WAS HAPPENING. SIMPSON ADDED THAT HE HEARD A LOT OF YELLING I .E . SEARCH WARRANT, GET DOWN, GET DOWN. LT. SIMPSON SAID HE SAW A PICKUP TRUCK OCCUPIED BY TWO SUBJECTS PARKED IN THE DRIVEWAY OF THE RESIDENCE. SIMPSON STATED THAT HE S"`' THIS VE Otd SAID HE-fiHEN.�AW Z_ E TEAM TAKE AT LEAST TWO SUBJECTS OUT OF THIS VEHICLE AND THEM BEHIND THE VAN USED BY THE SEARCH WARRANT TEAM. SIMPSON TATED HE ALSO SAW ONE OR TWO CHILDREN BEING CARRIED AWAY WEST BY 0 E OF TWO OFFICERS . �� LT. SIMPSON STATED HE THEN HEARD SOMEONE VERBALLY YELLING, "HE ' S GOT A GUN. " SIMPSON THEN HEARD SOMEONE ON THE PLEASANT HILL P.D. RADIO CHANNEL SAY THEY HAVE AN ARMED SUSPECT INSIDE THE RESIDENCE . SIMPSON SAID IMMEDIATELY THE SEARCH WARRANT TEAMS BACKED AWAY FROM THE HOME TO TAKE A COVER POSITION ON THE PERIMETER OF THE RESIDENCE . PLEASANT ' HILL Pb PLEASANT HILL, ' CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-11 BCS Class : 4100 Disposition: A Page : 3 NARRATIVE SIMPSON ADDED THAT THERE WAS A REQUEST FOR TRG (TACTICAL RESPONSE GROUP) SO HE CALLED FOR A TRG RESPONSE AND ADDITIONAL UNITS . SIMPSON SAID HE REQUESTED TWO CODE 3 UNITS ONE FOR THE EAST AND WEST ENDS OF TRELANY ROAD. SIMPSON STATED HE ALSO REQUESTED THE FIRE DEPARTMENT AND AMBULANCE TO RESPOND CODE 3 TO THE GRAND AUTO PARKING LOT. SIMPSON STATED HE THEN USED HIS CAR TO BLOCK WESTBOUND TRELANY ROAD. SIMPSON SAID DURING THIS TIME HE WAS TOLD THE ONLY PERSON IN THE HOUSE WAS SUSPECT COVEY. SIMPSON STATED ADDITIONAL UNITS ARRIVED INCLUDING LT. HORGAN AND SGT. SCHEMBRA. SIMPSON SAID HE AND SGT. SCHEMBRA TOOK THE MALE AND FEMALE ff-. -DCUFFED BEHIND THE VAN BACK TO THE GRAND AUTO PARKING LOT SO Tr.iY COULD BE INTERVIEWED FOR INTELLIGENCE ON THE HOUSE . SIMPSON ADDED HE ALSO HAD THE CHILDREN AND ANOTHER FEMALE BROUGHT BACK TO THE PARKING LOT SO THEY COULD BE INTERVIEWED, MOVED FROM THE SCENE AND TAKEN BACK TO THE POLICE DEPARTMENT. CSA RENSHAW TOOK THE CHILDREN TO THE POLICE DEPARTMENT. SIMPSON SAID DURING THIS TIME THE PERIMETER OFFICERS WERE STILL IN PLACE RELAYING INFORMATION VIA RADIO. SIMPSON STATED THE RADIO TRAFFIC INCLUDED THE SUSPECTS MOVEMENT THROUGHOUT THE HOUSE. SIMPSON ADDED THAT HE WAS IN COMMUNICATION WITH B .N. E THROUGH THEIR RADIO CHANNEL AND HE HAD DISCUSSED THE PERIMETERS NEEDS AND THE EVACUATION OF THE SURROUNDING RESIDENCES WITH B . N. E . SIMPSON SAID HE REQUESTED PG&E BECAUSE THE PERIMETER TEAM HAD S,1'-LLED NATURAL GAS COMING FROM THE HOUSE. SIMPSON STATED THE R—NE LINE INTO THE HOUSE WAS ISOLATED SO ONLY THE POLICE DEPARTMENT COULD CALL THE SUSPECT. SIMPSON STATED THE TRG TEAM STARTED TO ARRIVE ON THE SCENE . LT. HORGAN WAS RESPONSIBLE FOR THE TACTICAL SITUATION. LT. SIMPSON STATED HE WAS THE INCIDENT COMMANDER. SIMPSON STATED SGT. SHABAZZ BEGAN NEGOTIATIONS WITH THE SUSPECT FROM THE POLICE DEPARTMENT. SIMPSON STATED HE SPOKE WITH SHABAZZ . SEVERAL TIMES SO HE COULD KEEP UPDATED ON THE PROGRESS OF NEGOTIATIONS . PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-11 BCS Class : 4100 Disposition: A Page: 4 -------------- ------------ NARRATIVE ---------------_____________ SIMPSON SAID APPROXIMATELY 3 OR 4 TIMES THE SUSPECT SAID HE WOULD COME OUT OF THE RESIDENCE. THE SUSPECT STATED HE HAD EXPLOSIVES STRAPPED TO HIS BODY AND HE COULD NOT GET THEM OFF. SIMPSON SAID THE SUSPECT ALSO STATED HE HAD EXPLOSIVES IN THE MIDDLE OF THE ROOM AND THE POLICE HAD BETTER NOT COME IN. EACH TIME THE SUSPECT SAID HE WOULD COME OUT HE BACKED OUT OF HIS PROMISE . SIMPSON ADDED AT ONE POINT THE SUSPECT STATED HE WOULD COME OUT OF THE RESIDENCE IF SHABAZZ WOULD COME DOWN TO THE SCENE AND HE COULD TURN HIMSELF INTO SHABAZZ . SIMPSON STATED SHABAZZ CAME TO THE SCENE AND USED THE BULL HORN TO CONTACT THE SUSPECT. THE SUSPECT NEVER ANSWERED SHABAZZ . SIMPSON 0--: ''D HE CALLED THE SUSPECT AND THE SUSPECT ANSWERED THE PHONE S-�ATING, "I HAVE ALWAYS BSN A CRTM-INAYS W -HE-. " SIMPSON SAID THE SUSPECT HUNG UP ON HIM BEFORE HE COULD RESPOND. SIMPSON STATED SHABAZZ WAS ABLE TO MAKE OTHER CONTACTS WITH THE SUSPECT BUT THE SUSPECT STATED HE WAS NOT READY TO COME OUT. SIMPSON SAID SHABAZZ TOLD HIM HE WAS NOT GETTING ANYWHERE WITH THE SUSPECT THROUGH NEGOTIATIONS . SIMPSON STATED AT APPROXIMATELY 1730 HRS, THEY WERE GETTING CONCERNED ABOUT LOSING SUNLIGHT. SIMPSON FELT IF THERE WAS GOING TO BE ANY TACTICAL DEPLOYMENT HE WANTED IT TO BE DURING SUNLIGHT HOURS . SIMPSON STATED HE WAS CONCERNED THAT THE SUSPECT MIGHT BE ABLE TO SLIP OUT OF THE HOUSE DURING DARKNESS AND BECOME A DANGER TO THE OFFICERS AND TO THE CITIZENS . S.. :iPSON VOICED HIS CONCERN TO LT. HORGAN AND SGT. SKINNER. SIMPSON SAID HE TOLD THEM IT WAS TIME TO PLAN A TACTICAL RES SE AND USE OF GAS . SIMPSON SAID SGT. SKINNER STARTED TO PLAN HOW THEY WOULD DELIVER THE GAS TO THE HOUSE AND WHAT ASSIGNMENTS THE TRG MEMBERS WOULD HAVE. SGT. SKINNER PLANNED TO DELIVER THE GAS TO THE REAR OF THE HOUSE HOPING THE SUSPECT WOULD COME OUT THE FRONT OF THE HOUSE WHERE TRG HAD THEIR BEST COVERAGE . SIMPSON SAID HE SAW TRG MOVE TOWARDS THE HOUSE. SIMPSON STATED TRG GOT TO THE EAST SIDE OF THE RESIDENCE NEAR THE TARP WHEN HE HEARD PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASIA Disposition: C Case Number: C95-002423-11 BCS Class : 4100 Disposition: A Page : 5 NARRATIVE --------------------------------- A FLASH BANG GO OFF . SIMPSON STATED SGT. SKINNER ADVISED THEY HAD THROWN A FLASH BANG. SKINNER ALSO ADVISED THEY HAD A VISUAL ON THE SUSPECT AND THAT HE WAS HOLDING A GUN. SKINNER SAID THE SUSPECT HAD POINTED THE GUN AT HIM A COUPLE OF TIMES AND THEY YELLED AT HIM TO DROP THE GUN BUT HE ��j' DID NOT COMPLY. SIMPSON STATED SKINNER AGAIN ADVISED THE SUSPECT WAS POINTING THE GUN AT THEM. SIMPSON STATED AT THIS TIME HE- TOLD LT. HORGAN THAT SGT. SKINNER SHOULD BE TOLD THAT THEY HAD A GREEN LIGHT TO FIRE ON THE SUSPECT IF HE BECAME A THREAT TO THEM. LT. HORGAN GAVE SGT. SKINNER THIS INFORMATION AND IT WAS ACKNOWLEDGED BY SGT. SKINNER. L APSON STATED WITHIN MINUTES HE HEARD WHAT SOUNDED LIKE ONE OR TWO QUICK GUN SHOTS . SIMPSON HEARD SOMEONE CALL OVER THE RADIO SHOTS FIRED. SIMPSON SAID THERE WAS A BURST OF GUN FIRE WHICH SOUNDED LIKE AN AUTOMATIC WEAPON. SIMPSON STATED THERE WAS A LOT OF RADIO TRAFFIC SUCH AS "THE SUSPECT IS DOWN, HE IS STILL MOVING, HE STILL HAS THE GUN AND IS POINTING IT. " SIMPSON STATED A COUPLE MORE ROUNDS WERE FIRED AND THEN POSSIBLY ANOTHER BURST OF GUNFIRE . SIMPSON AND SGT. SKINNER STATED THE SUSPECT WAS DOWN AND HE WAS HIT SEVERAL TIMES . SKINNER ADVISED THE. SUSPECT WAS STILL MOVING, AND IT APPEARED THE GUN WAS STRAPPED TO HIM. SIMPSON STATED THERE WAS A LOT OF SHOUTING I . E . , DROP THE GUN, DROP THE GUN. AFTER APPROXIMATELY 3-5 MINUTES ; SIMPSON STATED SOMEONE ADVISED THAT THEY WERE CODE 4 AND THE SUSPECT WAS IN CUSTODY. SIMPSON SAID p J4 TuFY STATED THE SUSPECT HAD GIVEN UP HIS GUN. SIMPSON STATED SOME G. ICERS PULLED HIM OUT OF THE HOUSE TO THE FRONT YARD. SIMPSON STATED HE SAW TRG OFFICERS FILTERING OUT INTO THE DRIVEWAY. OFFICERS RELAYED THAT THERE WAS AT LEAST ONE SMALL FIRE INSIDE THE RESIDENCE AND THEY REQUESTED THE FIRE DEPARTMENT AND AMBULANCE. SIMPSON OBSERVED THE AMBULANCE CREW ATTENDING TO THE SUSPECT AND THEN LEAVE THE SCENE. .TRG MOVED OUT OF THE AREA BECAUSE OF THE GAS . SIMPSON STATED LT. HORGAN WAS TOLD TO GET HIS TRG PEOPLE TOGETHER TO TEND TO THEIR NEEDS. SIMPSON STATED HE WOULD NOT LET ANYONE INTO THE RESIDENCE BECAUSE PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASIA Disposition: C Case Number: C95-002423-11 BCS Class : 4100 Disposition: A Page: 6 NARRATIVE OF THE THREAT OF EXPLOSIVES. SIMPSON WAS TQLD Y TRG TH - "Y APPEARED TO BE THREE FLARES TAPED TOGETHER /- OF `SIN ONE OF THE �ROOMS. SIMPSON SAID U. S. BERKELEY BOMB SQUAD WASLREADY AT THE SCENE AND WENT INTO THE RESIDENCE TO RECOVER THE ITEM. SIMPSON STATED AFTER THE GAS CLEARED A BIT U.C. BERKELEY BOMB SQUAD DID GO BACK INTO THE RESIDENCE WITH MASKS TO SEE IF THERE WERE ANY FURTHER EXPLOSIVES . SIMPSON SAID THE SCENE WAS SEALED BY OFFICERS AND FANS WERE USED TO AIR OUT THE HOUSE. SIMPSON STATED THERE WAS NO SEARCHING DURING THE NIGHT BECAUSE OF THE GAS. SIMPSON ADDED THE HOUSE WAS SECURED 24 HRS BY USING OFFICERS AND RESERVES. S,T."PSON SAID IMMEDIATELY AFTER THE SHOOTING OCCURRED THE DISTRICT A`---ORNEY WAS CALLED AND TOLD THAT WE WERE INITIATING OFFICER 4. INVOLVED PROTOCOL. THE CRIME LAB WAS CALLED AND ASKED TO DO ALL EVIDENCE AT THE SCENE. SIMPSON STATED 'DISTRICT ATTORNEY, BOB HOLE, AND THE DISTRICT -j ATTORNEY INVESTIGATORS RESPONDED TO THE SCENE. SIMPSON SAID THE CRIME LAB ALSO RESPONDED AND THEY DID SOME EVIDENCE COLLECTION. BOB HOLE ASKED ALL AGENCIES INVOLVED TO RESPOND TO THE POLICE DEPARTMENT AND HE WOULD COORDINATE THE INVESTIGATION. SIMPSON SAID LT. HORGAN AND HE STAYED AT THE SCENE UNTIL THEY WERE RELIEVED BY RESERVES . ON 4-11-95 AT APPROXIMATELY 1300 HRS, I SPOKE WITH TIM FRANK REGARDING HIS INVOLVEMENT IN THIS CASE. PRESENT DURING THIS IYmERVIEW WERE FRANK AND MYSELF. THIS INTERVIEW WAS NOT AUDIO T. ED. FRANK TOLD ME HE WAS ON ANOTHER DETAIL ON THE NORTH END OF PLEASANT HILL WHEN HE HEARD LT. SIMPSON ASKING FOR CODE 3 COVER ON TRELANY ROAD. FRANK SAID HE RESPONDED CODE 3 FROM MERVYN' S TO WOODSWORTH LANE. ONCE AT THE SCENE, FRANK SAID HE USED HIS PATROL CAR TO BLOCK THE W/B LANES OF TRELANY ROAD AT CONTRA COSTA BLVD. HE THEN USED POLICE TAPE TO BLOCK OFF THE AREA AROUND NATIONS HAMBURGERS AND GRAND AUTO. FRANK ADDED THAT HE USED CONES TO BLOCK OFF THE N/B LEFT TURN LANE AT CONTRA COSTA BLVD AND TRELANY ROAD. PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-11 BCS Class : 4100 Disposition: A Page: 7 NARRATIVE FRANK STATED HE WAS THEN ASKED TO GO TO THE WEST SIDE OF TRELANY ROAD TO PICK UP SUBJECTS WHO HAD COME FROM THE SUSPECT HOUSE AND BRING THEM TO THE COMMAND POST WHICH WAS LOCATED IN THE PARKING LOT OF GRAND AUTO. FRANK SAID HE USED OFFICER PRATT' S VEHICLE TO DRIVE AROUND THE BLOCK TO THE WEST SIDE OF TRELANY ROAD. FRANK SAID ONCE HE ARRIVED OFFICER JUNG HAD ALREADY TRANSPORTED THE SUBJECTS SO HE USED THIS VEHICLE TO BLOCK OFF IRVING CT. AND TRELANY RD. FRANK STATED HE STAYED AT THIS LOCATION FOR A NUMBER OF HOURS MAINTAINING AN OUTSIDE PERIMETER. F-'NK SAID NEXT HE SAW MEMBERS OF THE TACTICAL RESPONSE GROUP (TRG) M� . ING UP TO THE FRONT OF THE HOUSE AT 103 TRELANY ROAD. HE HEARD WINDOWS BREAKING AND YELLING. FRANK SAID HE WAS UNSURE WHAT WAS BEING SAID. FRANK SAID HE THEN HEARD A FLASH BANG AND HE HEARD GUNFIRE . FRANK STATED BECAUSE OF HIS DISTANCE FROM THE SCENE HE WAS NOT SURE OF THE GUNFIRE SEQUENCE. FRANK SAID HE THEN HEARD VOICES YELLING "SHOTS FIRED" AT WHICH TIME HE AND DETECTIVE ENEA •A MOVED S/B OR IRVING COURT WHERE THEY TOOK A POSITION IN THE YARD BETWEEN 105 AND 101 IRVING COURT. FRANK STATED FROM THIS POSITION �Q HE WAS ONLY ABLE TO SEE THE ROOF OF 103 TRELANY ROAD. 1 FRANK SAID HE AGAIN HEARD A VOLLEY OF GUNFIRE AND YELLING. HE �t� HEARD SGT. SKINNER YELLING -,LOOK WHAT YOU MADE ME DO. " FRANK SAID}' HE HEARD MORE YELLING AND THEN HEARD S0Mr01qE—SAY--c-0M^4 . MOMENTS G LATER FRANK SAW THE SUSPECT BEING PULLED OUT FROM THE HgJISS. . F,pNNK STATED HE WAS THEN ASKED TO TRANSPORT OFFICER FOREMAN TO THE F. ICE STATION WHICH HE DID. FRANK SAID ONCE AT THE POLICE DEPARTMENT HE BOOKED TWO FEMALES AND ONE MALE SUBJECT. ON 4-11-95 AT APPROXIMATELY 1313 HRS, I INTERVIEWED OFFICER JUNG REGARDING HIS INVOLVEMENT IN THIS INCIDENT. PRESENT DURING THIS INTERVIEW WERE OFFICER JUNG, MYSELF AND TED SPIRO FROM THE DISTRICT ATTORNEYS OFFICE . THIS INTERVIEW WAS NOT AUDIO TAPED. JUNG TOLD ME HE WAS ON A CALL AT MINTON COURT WHEN HE HEARD THE REQUEST FOR CODE 3 COVER AT TRELANY ROAD. JUNG STATED HE RESPONDED PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-11 BCS Class : 4100 Disposition: A Page: 8 NARRATIVE CODE 3 TO THE SCENE AND HE STAGED ON THE WEST SIDE OF TRELANY ROAD AT IRVING COURT. JUNG SAID HE PARKED HIS CAR AT THIS LOCATION. JUNG TOLD ME CPL. CRINER HAD A FEMALE AND A SMALL CHILD PUT INTO HIS PATROL CAR. JUNG STATED ANOTHER CHILD CAME OUT OF THE SUSPECT RESIDENCE AND WAS PUT INTO HIS VEHICLE. JUNG SAID HE WAS THEN INSTRUCTED TO TAKE THESE SUBJECTS OVER TO THE COMMAND POST IN THE GRAND AUTO PARKING LOT. AFTER JUNG DID THIS HE WAS THEN ASKED TO TAKE ANOTHER MALE AND FEMALE SUBJECT TO THE POLICE DEPARTMENT WHICH HE DID. JUNG SAID AFTER TRANSPORTING THE SUBJECTS TO THE STATION HE THEN RESPONDED BACK TO THE SCENE AND TOOK A POSITION AT IRVING COURT AND T--.ZANY ROAD. JUNG STATED HE KNEW THAT TRG WAS GOING TO USE TEAR GAS IN THE HOUSE AND HE SAW OFFICER CLARK, OFFICER SEGRAVES, AND OFFICER THOMAS ON THE WEST SIDE OF THE SUSPECTS RESIDENCE. JUNG SAID HE SAW THESE OFFICERS BACKING UP AND COUGHING. HE HEARD A BANG AND THEN ANOTHER BANG FOLLOWED 25-30 SECONDS LATER BY A SERIES OF 15-20 GUNSHOTS. JUNG SAID HE THEN NOTICED CITIZENS WITHIN THE PERIMETER NEAR CITY HALL SO HE WENT OVER TO THAT LOCATION TO CLEAR THE AREA. JUNG STATED AFTER RETURNING TO IRVING COURT HE THEN SAW THE SUBJECT BEING PULLED AWAY FROM THE RESIDENCE. ON 4-12-95 AT APPROXIMATELY 1055 HRS, I SPOKE WITH TIM SCHULTZ, A NARCOTICS AGENT WITH CCCNET (CONTRA COSTA COUNTY NARCOTICS EYvORCEMENT TEAM) REGARDING HIS INVOLVEMENT IN THIS INCIDENT. SCHULTZ STATED ON 4-10-94 AT APPROXIMATELY 1600 HRS HE WAS S/B 680 WHEN HE MADE A TELEPHONE CALL INTO HIS OFFICE. SCHULTZ SAID HE WAS INSTRUCTED BY HIS OFFICE TO RESPOND TO GRAND AUTO. ONCE AT GRAND AUTO, SCHULTZ STATED HE WAS TOLD TO RELIEVE A PERIMETER OFFICER ON THE NORTH SIDE OF TRELANY ROAD ACROSS FROM 103 TRELANY ROAD. SCHULTZ SAID HE STAYED AT THIS LOCATION DURING THE TIME THAT SHABAZZ WAS TRYING TO NEGOTIATE WITH THE SUSPECT. f _ 9CHU� ST E AS RELIEVED AT THIS POSITION AT WHICH TIME HE OUGHT BATTERI TO OFFICERS ON THE N/W PERIMETER. SCHULTZ SAID PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-11 BCS Class : 4100 Disposition: A Page: 14 NARRATIVE DRIVEWAY AND SPENCER' S POSITION WAS NEAR THE N/W CORNER OF THE GARAGE. SENST SAID HE HEARD WINDOWS HE SAND THEN N A AI :�—'3 0 BANG. SENST -b� 7 �'THW­TTHE TEAR O�FTH�EN//E (WINDOW AND IT LANDED BETWEEN SPENCER AND HIM. SENST STATED HE HEARD GUN FIRE AND BULLETS WERE COMING TOWARDS HIM SENST SAID HE HEARD SOMEONE SAY OVER THE RADIO THAT THE GUN WAS TAPED TO THE SUSPECTS HAND. AFTER SEVERAL MINUTES SENST SAID HE KICKED DOWN THE FENCE BETWEEN THE GARAGE AND THE RESIDENCE BECAUSE SGT. SKINNER REQUESTED HE MOVE INTO THIS POSITION TO GET AN ANGLE ON THE SUSPECT. SENST SAID THE SUSPECT WAS LAYING INSIDE THE EAST DOORWAY. HE AND OrPICER SPENCER WENT INTO THE RESIDENCE AND PULLED THE SUSPECT OUT C. THE HOUSE. SENST STATED AT FIRST SPENCER GRABBED THE SUSPECTS SHOULDERS AND HE (SENST) GRABBED THE SUSPECTS LEGS. BECAUSE THE SUSPECT WAS COMPLAINING OF SHOULDER PAIN THE SUSPECT WAS PULLED OUT TO THE FRONT OF THE RESIDENCE BY HIS LEGS .,- - ATTACH THIS SUPPLEMENT TO THE ORIGINAL REPORT. 042495/1052/314/156 A RPT# DATE TIME OFC OFC NAME I/T R/T ---- ---- ---- --- -------- --- --- 11 04-18-95 1635 282 MOORE, KAREN 480 480 Reviewed by: Date: F/U assigned to: Due Date: PLEASANT HILL PD PLEASANT HILL; CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-12 BCS Class : 4100 Disposition: A Page : 1 ------------ CASE REPORT Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level : F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 : 00 Reporting officer: MARTELL, TIMOTHY E. ( 108 ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS . PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING . NARRATIVE PLEMENTAL REPORT: ON MONDAY, APRIL 10 , 1995 AT APPROXIMATELY 1425 HRS, I WAS IN MY OFFICE AT THE POLICE STATION. I HEARD A RADIO BROADCAST ON THE PLEASANT HILL MAIN CHANNEL THAT A "BARRICADED SUBJECT" SITUATION WAS DEVELOPING AT 103 TRELANY ROAD, WHERE OUR OFFICERS WERE ASSISTING C-NET SERVE A SEARCH WARRANT. I WENT TO THE SCENE, ARRIVING AT THE COMMAND POST AT APPROXIMATELY 1500 HRS. MUCH LATER, AFTER THE SUSPECT HAD BEEN ARRESTED, I SAW ONE OF THE U. C. BERKELEY PD (BOMB SQUAD) OFFICER' S WALKING BACK TOWARD THE COMMAND POST FROM THE SUSPECTS HOUSE CARRYING WHAT HE SAID WAS A "FAKE" BOMB . HE SAID IT WAS NOT DANGEROUS . HE BROUGHT IT TO THE COMMAND POST WHERE I SAW THAT IT WAS TWO OR THREE SMALL ROAD FLARE TYPE DEVISES , WRAPPED IN BLACK TAPE, WITH SEVERAL WIRES LEADING FROM THE TAPE TO AN ELECTRONIC TYPE CIRCUIT BOARD ABOUT 4 I' 'HES LONG BY 2 INCHES WIDE, CONNECTED TO A NINE VOLT BATTERY. TniS ITEM WAS TURNED OVER TO OFFICER FOREMAN WHO WAS WITH ME AT THE COMMAND POST. WE PLACED IT IN A BROWN PAPER BAG. I WALKED WITH OFFICER FOREMAN TO THE SGT. CAR, PARK,E R Y. WE OBTAINED THE KEYS AND LOCKED THE FAKE BOMB AND HI MP-5 THE TRUNK AND HE KEPTC�� THE KEYS. AT APPROXIMATELY 2300 HRS, I RETURNED TO THE POLICE STATION AFTER BEING AT THE COMMAND POST. I DISCUSSED THE CASE WITH SOME OF THE 111777 OTHE SUfERVT8`ORS__AND C-OMMANDERS AT THE STATION AS WELL AS DEPUTY BOB HOLE . WE ASSIGNED' ME FOLLOW-UP INVESTIGATION RESPONSIBILITIES . C.. PLEASANT HILL PD PLEASANT HILL;­-CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-12 BCS Class : 4100 Disposition: A Page: 2 NARRATIVE AMONG OTHER THINGS , I WAS ASKED TO BE THE WITNESS FOR THE BLOOD AND URINE SAMPLES FROM SGT. SKINNER, OFFICER FOREMAN AND OFFICER LAUDERDALE. WE MET IN THE LUNCH ROOM WITH THE B.A.D. NURSE AND I WITNESSED THE BLOOD DRAW, SIGNING FOR SAME. WE WENT INTO THE MENS ROOM AND I WITNESSED THE URINE SAMPLE . I SIGNED FOR SAME AND PLACED ALL BLOOD AND URINE IN THE EVIDENCE ROOM REFRIGERATOR. AFTER I HAD PLACED TWO URINE BOTTLES IN THEIR INDIVIDUAL BAGS AND SEALED THEM, I REALIZED THAT I HAD NOT SIGNED THE TOP "SEAL" ON � �ti. THOSE TWO BOTTLES . I STILL HAD THE LAST ONE UNSEALED AND SIGNED � :,, IT. SGT. EZELL WITNESSED ME PLACING THE EVIDENCE IN THE REFRIGERATOR. I WAS ASKED TO TAKE SGT. SKINNER' S WEAPON INTO EVIDENCE. I FOUND H. .. AND ASKED FOR HIS WEAPON. HE SAID IT WAS IN HIS OFFICE. HE LEeT, HEADED UPSTAIRS AND RETURNED A MINUTE LATER. HE HANDED ME A MODEL 92F, 9MM BERETTA PISTOL AND SAID IT WAS HIS AND THE ONE HE HAD SHOT AT THE SCENE. WE LOCKED THIS PISTOL IN THE BOOKING ROOM GUN LOCKER #8 AND I KEPT THE KEY. APPROXIMATELY AN HOUR LATER, ONE OF THE SHERIFF ' S OFFICE CRIME SCENE OFFICERS ASKED ME TO TURN THE PISTOL OVER TO HIM. I DID SO, COMPLETING THE SHERIFF ' S OFFICE PROPERTY CARD AT THE TIME . SEE THE ATTACHED PROPERTY REPORT. 041995/1403/314/156 -----------------------------.__= EVIDENCE -- --------- ------ ID:C95002423-12-001 Owner: * NONE Category:Y Article : BLOODK Brand: Model : Color: Quan: Serial number: Value: $ Desc : BLOOD KIT DRAWN FROM SGT. SKINNER, PHPD AC# Date Rept# Activity ( AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 04-10-95 12 EVIDENCE EVID 108 314 02 04-11-95 14 EVIDENCE LAB 278 314/NARC LAB PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-12 BCS Class : 4100 Disposition: A Page: 3 EVIDENCE ID:C95002423-12-002 Owner: * NONE Category:Y Article : BLOOKI Brand: Model : Color: Quan: Serial number : Value: $ Desc : BLOOD KIT DRAWN FROM OFC. LAUDERDALE, PHPD AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 04-10-95 12 EVIDENCE EVID 108 314 02 04-11-95 14 EVIDENCE LAB 278 314/NARC LAB ******************************************************************************* T 095002423-12-003 Owner: * NONE Category:Y Article : BLOODK Brand: Model : Color: Quan: Serial number : Value : $ Desc : BLOOD KIT DRAWN FROM OFC. FOREMAN, PHPD AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 04-10-95 12 EVIDENCE EVID 108 314 02 04-11-95 14 EVIDENCE LAB 278 314/NARC LAB ******************************************************************************* ID:C95002423-12-004 Owner: * NONE Category:Y Article : URINES Brand: Model : Color: Quan: Serial number: Value : $ Desc: URINE SAMPLE FROM SGT. SKINNER, PHPD i Auif Date Rept# Activity ' ' AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 04-10-95 12 EVIDENCE EVID 108 314 02 04-11-95 14 EVIDENCE LAB 278 314/NARC LAB Vt PLEASANT HILL PD PLEASANT HILL;,-CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-12 BCS Class : 4100 Disposition: A Page: 4 EVIDENCE ID:C95002423-12-005 Owner: * NONE Category:Y Article:URINES Brand: Model: Color: Quan: Serial number: Value : $ Desc : URINE SAMPLE FROM OFC. LAUDERDALE, PHPD AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 04-10-95 12 EVIDENCE EVID 108 314 02 04-11-95 14 EVIDENCE LAB 278 314/NARC LAB 17 C95002423-12-006 Owner: * NONE Category: Y Article : URINES Brand: Model : Color: Quan: Serial number: Value: $ Desc : URINE SAMPLE FROM OFC. FOREMAN, PHPD AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 04-10-95 12 EVIDENCE EVID 108 314 02 04-11-95 14 EVIDENCE LAB 278 314/NARC LAB ******************************************************************************* ID:C95002423-12-007 Owner: * NONE Category:G Article: PISTOL Brand: BERETT Model: 92F Color: BLK Quan: 1 Serial number: Value: $ Desc : BERETTA 92F 9MM POLICE SERVICE PISTOL, TURNED OVER TO S.O. CRIME LAB PERSONEL AT 2300 , 4-10-95 AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 04-10-95 12 EVIDENCE C LAB 108 314/CRIME LAB �y O � r\ 4J�/ V �__�,ti 1"_,, _q � 1`-.F �;'ki...�t�.J'..+ f��'' ..✓ RPT# DATE TIME OFC OFC NAME I/T R/T 12 04-11-95 1530 108 MARTELL, TIMOTHY E. 660 90 Reviewed by: Date : F/U assigned to: Due Date: PLEASANT HILL PD PLEASANT HILL .-.-CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-13 BCS Class : 4100 Disposition: A Page : 1 CASE REPORT ---- -----------------------____ Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level : F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 : 00 Reporting officer: TARLETON, GEORGE (324 SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS . PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. NARRATIVE PLEMENTAL REPORT: ON 4-11-95 AT 0200 HRS, I WENT TO JOHN MUIR HOSPITAL PER SGT. EZELL TO COLLECT BLOOD SAMPLES FROM THE CLINICAL LAB. AT THE LAB I CONTACTED JOHN TOLOMEN, THE LEAD LAB TECH. I RECEIVED 4 BLOOD SAMPLE VIALS FROM HIM. . THEY WERE DRAWN FROM MICHAEL COVEY. I TOOK CUSTODY OF THE BLOOD SAMPLES AND BOOKED THEM INTO THE EVIDENCE ROOM IN THE DETECTIVES REFRIGERATOR. 042495/1126/314/158/156 EVIDENCE Iu:C95002423-13-001 Owner:COVEY, MICHAEL ROWLAND Category:Y Article : BLOOD Brand: Model : Color: Quan: 4 Serial number: Value : $ Desc : 4 BLOOD SAMPLE VIALS - BLOOD TAKEN FROM SUSPECT COVEY AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments 01 04-11-95 13 EVIDENCE EVID 324 314/REFRIGERATOR RPT# DATE TIME OFC OFC NAME I/T R/T 13 04-11-95 0259 324 TARLETON, GEORGE 20 10 Reviewed by: l/��, Date : J ` F/U assigned to : Due Date : 'OHN MUJ 1601 Yanado Valley Road- Walnut Creek. California 94398-3194 . 16101 939-3000 R g MEDICAL CENTER SPECIMEN RELEASE FORM Patient ' s tiame : Ja 7 Date Drawn: ie Medical Rec . 1r : L( -7 Pathology # : Specimen Type : -74,1 lo A Criminal Case Released To : Ado cy. ?LSC . �t Name: Title: Si.-nature : �~/ .R-�2s�, Date : Z� PLEASANT HILL PD PLEASANT HILL. CALIFORNIA FULL REPORT PD Class: ASLA Disposition: C Case Number: C95-002423-14 BCS Class : 4100 Disposition: A Page: 1 CASE REPORT Section - 1 : PC187/664 2 : FC245 3 : PC451 4 : Level : F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 :00 Reporting officer: RENSHAW, COLLEEN (278 SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS. PG&E CALLED FOR SMELL OF GAS FROM HOUSE . CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. NARRATIVE I -- IPLEMENTAL REPORT: ON 4-11-95 THE FOLLOWING ITEMS WERE TRANSPORTED TO THE CCCSO NARCOTICS LAB FOR TESTING: 1 BLOOD SAMPLE #7088 1 BLOOD SAMPLE #7091 1 BLOOD SAMPLE #7112 1 URINE SAMPLE #9075 OFFICERS SAMPLES 1 URINE SAMPLE #9072 1 URINE SAMPLE #9067 ALSO TRANSPORTED WERE 4 VIALS OF BLOOD TAKEN FROM THE SUSPECT, MICHAEL COVEY. THESE VIALS HAD BEEN PLACED IN A PLASTIC EVIDENCE BAG BY OFFICER TARLETON #324 , THEN PLACED IN OUR DETECTIVES EVIDENCE REFRIGERATOR, 4AS CONCERNED THAT THE NARCOTICS LAB WOULD NOT ACCEPT THE BLOOD PACKAGED IN THIS MANNER, I.E. NOT PROPERLY SEALED OR PACKAGED. I PLACED THE PACKAGED BLOOD VIALS IN A "BLOOD SAMPLE FOR ALCOHOL/DRUG ANALYSIS KIT" #005813 , FILLED OUT THE INFORMATION ON THE FRONT AND TRANSPORTED ALL OF THE ABOVE LISTED ITEMS TO THE NARC I ALERTED THE NARC LAB PERSONNEL TO THE FACT THAT I HAD PLACED THE PACKAGED BLOOD VIALS (4 VIALS) IN THE "BLOOD KIT-- SEALED AND INITIALED THE TAPE . BECAUSE THESE SAMPLES WERE DRAWN AT JOHN MUIR PLEASANT HILL' PD PLEASANT HILL; ., CALIFORNIA FULL REPORT PD Class : ASIA Disposition: C Case Number: C95-002423-14 BCS Class : 4100 Disposition: A Page : 2 NARRATIVE HOSPITAL, THERE WAS NO PRESERVATIVE IN THE BLOOD VIALS, AND IT WAS DECIDED BY THE NARC LAB PERSONNEL THAT THE BLOOD TESTING ON THESE FOUR VIALS NEEDED TO BE CONDUCTED IMMEDIATELY. 2 "RECEIPTS FOR PROPERTY RETAINED" SLIPS WERE SIGNED AND PLACED IN THE CASE FILE . 042495/1135/314/156 EVIDENCE i IU: C95002423-12-001 Owner: * NONE Category:Y Article : BL00DK Brand: Model : Color: Quan: Serial number: Value: $ Desc : BLOOD KIT DRAWN FROM SGT. SKINNER, PHPD AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 04-10-95 12 EVIDENCE EVID 108 314 02 04-11-95 14 EVIDENCE LAB 278 314/NARC LAB ID:C95002423-12-002 Owner: * NONE Category:Y Article: BL00KI Brand: Model: Color: Quan: Serial number: Value: $ •c : BLOOD KIT DRAWN FROM OFC. LAUDERDALE, PHPD AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 04-10-95 12 EVIDENCE EVID 108 314 02 04-11-95 14 EVIDENCE LAB 278 314/NARC LAB PLEASANT HILL PD PLEASANT HILL, .,CALIFORNIA FULL REPORT PD Class: ASLA Disposition: C Case Number: C95-002423-14 BCS Class: 4100 Disposition: A Page: 3 EVIDENCE ******************************************************************************* ID:C95002423-12-003 Owner: * NONE Category:Y Article:BLOODK Brand: Madel: Color: Quan: Serial number: Value: $ Desc :BLOOD KIT DRAWN FROM OFC. FOREMAN, PHPD AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 04-10-95 12 EVIDENCE EVID 108 314 02 04-11-95 14 EVIDENCE LAB 278 314/NARC LAB 1. C95002423-12-004 Owner: * NONE Category:Y Article: URINES Brand: Model: Color: Quan: Serial number: Value: $ Desc : URINE SAMPLE FROM SGT. SKINNER, PHPD AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 04-10-95 12 EVIDENCE EVID 108 314 02 04-11-95 14 EVIDENCE LAB 278 314/NARC LAB ******************************************************************************* ID:C95002423-12-005 Owner: * NONE Category:Y Article : URINES Brand: Model : Color: Quan: Serial number: Value: $ Desc :URINE SAMPLE FROM OFC. LAUDERDALE, PHPD t; At%# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- -------- -- ------- ---- --- --- ---------------- 01 04-10-95 12 EVIDENCE EVID 108 314 02 04-11-95 14 EVIDENCE LAB 278 314/NARC LAB PLEASANT HILL PD PLEASANT HILL, :-CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-14 BCS Class : 4100 Disposition: A Page: 4 EVIDENCE ---------------------- -_______ ID:C95002423-12-006 Owner: * NONE Category:Y Article : URINES Brand: Model : Color: Quan.: Serial number : Value : $ Desc : URINE SAMPLE FROM OFC. FOREMAN, PHPD AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 04-10-95 12 EVIDENCE EVID 108 314 02 04-11-95 14 EVIDENCE LAB 278 314/MARC LAB ******************************************************************************* 1 C95002423-13-001 Owner:COVEY, MICHAEL ROWLAND Category:Y Article : BL00D Brand: Model : Color: Quan: 4 Serial number: Value : $ Desc : 4 BLOOD SAMPLE VIALS - BLOOD TAKEN FROM SUSPECT COVEY AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 04-11-95 13 EVIDENCE EVID 324 314/REFRIGERATOR 02 04-11-95 14 EVIDENCE LAB 278 314/NARC LAB RPT# DATE TIME OFC OFC NAME I/T R/T 14 04-11-95 1105 278 RENSHAW, COLLEEN 20 30 Reviewed by: Date : - F/U assigned to: Due Date : PLEASANT HILL PD PLEASANT HILL, _CALIFORNIA FULL REPORT PD Class : ASIA Disposition: C Case Number: C95-002423-15 BCS Class : 4100 Disposition: A Page: 1 CASE REPORT Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level: F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 :00 Reporting officer: WEIGHTMAN, THOMAS ( 150 ) SYNOPSIS 314/SERVING A SEARCH WARRANT — DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS . PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY,, TURNED OVER TO CCCSO FOR BOOKING. NARRATIVE --------------------------------- PLEMENTAL REPORT: ON TUESDAY, 4-11-95 , I WAS ASSIGNED TO RELIEVE RESERVE OFFICER a€, NESTOR FROM CRIME SCENE SECURITY AT 103 TRELANY ROAD. I ARRIVED THERE AT 0730 HRS . I MAINTAINED THE CRIME SCENE LOG UNTIL THE SCENE WAS RELEASED AT 1520 HRS . CAPTAIN PHALEN RELIEVED ME FOR A BREAK BETWEEN 1333 HRS AND 1340 HRS . STEVE OJENA, CCCSO CRIME LAB, GAVE ME PLEASANT HILL P.D. EQUIPMENT FOUND IN THE SCENE. AT 1120 HRS, HE GAVE ME A PAIR OF GOGGLES. AT 1254 HRS, HE GAVE ME A HOOD. THESE TWO ITEMS WERE TURNED OVER TO SGT. SHABAZZ AT PLEASANT HIL , AT 1448 HRS , AERIAL PHOTOGRA HYOF THE SCENE HAD STARTED. CPL. 7 MPSON ADVISED ME THAT HE WAS READY TO HAVE THE TARP REMOVED FROM CUVERING THE PATIO AREA. I TOOK OFFICER SENST, OFFICER COUPAR, CSA RENSHAW, CSA SIANEZ AND CSA LEGG INTO THE SCENE. WE REMOVED THE TARP FOR THE AERIAL PHOTOGRAPHY. THE CRIME SCENE TAPE WAS TAKEN DOWN AT 1520 HRS, BY SGT. SCHEMBRA. 042495/1145/314/156 �� N PLEASANT HILL PD PLEASANT HILL, :CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-15 BCS Class : 4100 Disposition: A Page: 2 1 RPT# DATE TIME OFC OFC NAME I/T R/T 15 04-12-95 0930 150 WEIGHTMAN, THOMAS 463 11 Reviewed by: ! Date : F/U assigned to : Due Date: L a Z LL _.. _ _ � _. . .. . .. - -Et . t aJ 19 ol r POO 6�1/I i rr�loe 74,—,e D7--,Z' (,L/ C -e) c� / J ed6 . T1. +.� \ f �'y _ ��'l• _ /J•' � � - .. _...... _.- ..__ ... . v V � , -Z Z319 77 8,P,6 l- PI D, A . ca 1�2- 5 719-0 D, 4. D. A , PrV-1-1 1=4 D. A, 0 o3s ou q,2 00 o0a G 3 19 7Z 0 0 7 z e;l -6033 AJ &_67. S��tA 1510 3,33 tcl k�7 PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-16 BCS Class : 4100 Disposition: A Page: 1 ------------------------------- CASE REPORT ---------- Section -- 1 : PC187/664 2 : PC245 3 : PC451 4 : Level: F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 : 00 Reporting officer: THOMPSON, DOUG A (204 ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS. PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. --------------------- ------ NARRATIVE ATTACHED FINGERPRINT EXAMINATION BY CPL. DOUG THOMPSON RPT# DATE TIME OFC OFC NAME I/T R/T 16 04-12-95 204 THOMPSON, DOUG A 15 5 Reviewed by: Date : F/U assigned to: Due Date : NHIS 06/08/95 15114 COUNTY 07 CASE SERIAL 476622 FBU OO MULT O AID-TYPE 38-0 ELIC STAT CLOSED SUSP LM SEQ 27 BF SED E7 ELIC NKR A3HF CASE NAME JONES MICHELLE PAYEE MICHELLE JONES HIST AID TOTAL MO PERSON CT FOOD STAMP MED SOC MONTH TYPE GRANT AMT CSA SUB AMT 1 SUB AMT 2 FED NFED A AMT H PR AMT CD 01/95 30-0 607. 00 ^ OO , OO ^OO 1 02 O OO Y 231 T 03 8 02/95 30-0 607 ^00 ^OO , 00 ^ OO 1 02 O 00 Y 231 T 03 0 03/95 30-0 607 ^OO ^ OO ^OO , OO 1 02 O OO Y 231 T 03 O 04/95 30-0 607^08 ^00 . 00 ^ O0 1 02 O 00 Y 231 T 03 O 05/95 N/A .00 ^O0 ^OO .00 O OO O OO N O 00 O 06/95 N/A ^OO ^ 88 ^OO ^00 O OO O 00 N O 80 O 07/95 N/A ^OO ^ OO ^ OO ,OO O OO O 00 N O OO O 07/94 30-0 607 ^ 00 ^0O ^00 ' ^0O 1 82 O OO Y 206 T 03 0 08/94 30-0 607. 00 ^O0 ,OO ^OO 1 02 O OO Y 221 T 03 O 09/94 38-0 68700 ^OO ^0O ^ 80 1 02 O 00 Y 225 T 03 O 10/94 30-0 607 .00 . 00 , OO ^0O 1 02 O OO Y 231 T 03 O 11/94 30-0 607^00 ^O0 ^80 ^O0 1 82 O OO Y 231 T 03 O 12/94 30-0 607 ,00 ^OO . 00 .00 1 02 O OO Y 231 T 03 O � NCAS 06/08/95 15! 14 COUNTY 07 CASE SERIAL 476622 FBU OO MULT 0 AID-TYPE 30-0 ELIC STAT CLOSED SUSP LM SEQ 27 BF SER E7 ELIC NKR A3HF F/S STAT D CERT FROM THRU CASE NAME JONES MICHELLE PHONE PRIM LANG E PAYEE MICHELLE JONES PM REINV DUE 03/96 A ADDRESS 103 TRELANY ROAD PLEASANT HILL CA 94523 CENSUS TRACT OO APPLICATION 900 01/10/92 ES/FS APP OOO 00/00/00 POS ACTION 525 01/01/94 ES/FS POS 000 00/00/00 NEC ACTION 047 04/38/95 ES/FS NEC OOO 00/80/00 LINE L VSD A B C D E V- N 0 T NOTE CHAR P LOAN NKR LOAN DATE 1 2 3 4 5 6 7 ALERT EXP DATE F 99/99 ` Contra Costa County Social Service Department >�0 Muir Road ❑ 3431 Macdonald Avenue Martinez,CA 94553 Richmond.C4 94805 ❑ 4545 Delta Fair Blvd ❑ 1305 Macdonald Avenue Antioch.CA 94509 Richmond,GA 94801 ❑ S2S Second Street ❑ 3630 San Pablo Dam Road Rodeo.CA 94572 El Sobrante.CA 94803 j— - Date Dear This is to verify you and your family to an AFDC grant in the amount of$60:Z�. G?6j per month. Sincerely, Social Servl Department R esentative Telephone Number Ilei 25 (New 11/81) VERIFICATION OF AFDC PAYMENT PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-11 BCS Class : 4100 Disposition: A Page: 9 NARRATIVE HE STOOD WITH DEPUTY CONGER BEHIND A WHITE PICKUP WHICH WAS PARKED ON THE SOUTH SIDE OF TRELANY JUST WEST OF 103 TRELANY ROAD. SCHULTZ SAID HE WAS IN THIS POSITION WHEN THE TACTICAL RESPONSE GROUP STARTED TO MOVE TOWARq,_THE--H0-US SC�HU �ARD�"-" �'_ SC L COMING WINDOWS BREAKING AND HE SAW (TF4R GAS LO�MING iRO��MTHE�CHI�MNE SCHULTZ SAID HE HEARD A FLASH CERS VIP COME FROM THE WEST SIDE OF 103 TRELANY ROAD. SCHULTZ STATED IT WAS APPARENT TO HIM THAT THESE OFFICERS WERE BEING AFFECTED BY THE TEAR GAS. SCHULTZ SAID 3 HE T " kf I _�EARD 8-12 SHOTS BEING FIRE CHULTZ WAS \_i UNSURE OF THE,� __ __ \ti`s jejr, , QUENCE OF THE ROUNDS BEING FIRED BUT COULD TELL r ° WERE TWO( TYPES OF GUNFIRE, A SMALLER AND A LARGER ALIBER. VjN r SCHULTZ STATED A PERI _657OF TIME WENT BY BEFORE HE HEARD SOMEONE SAY CODE 4 . SCHULTZ SAID SGT. SKINNER CAME TO THE FRONT OF 103 TRELANY ROAD AND THEN HE SAW OFFICERS PULL THE SUSPECT TO THE FRONT OF THE HOUSE. SCHULTZ STATED HE HELD HIS POSITION UNTIL HE WAS TOLD THERE WAS POSSIBLY A BOMB IN THE RESIDENCE . SCHULTZ SAID THEY THEN BACKED OUT OF THE AREA. ON 4-12-95 AT APPROXIMATELY 1105 HRS, I SPOKE WITH PAUL MOUNTAIN, THE COMMANDER OF CCCNET. MOUNTAIN STATED THAT HE WAS AWARE OF THE SEARCH WARRANT BEING CONDUCTED AT 103 TRELANY ROAD, BUT BECAUSE OF THE NUMBER OF SUPERVISORS ALREADY INVOLVED IN THE WARRANT HE ar'-IDED TO STAY AT THE CCCNET OFFICE . MOUNTAIN STATED HE WAS MONITORING THE RADIO TRAFFIC WHEN HE HEARD THAT THE SUSPECT WAS HIDING WITH A GUN. MOUNTAIN SAID HE THEN CALLED THE PLEASANT HILL DISPATCH CENTER AND AT APPROXIMATELY 1339 HRS, HE RESPONDED TO THE COMMAND POST LOCATED IN THE GRAND AUTO PARKING LOT. MOUNTAIN SAID ONCE AT THIS LOCATION HE WAS BRIEFED ON THE SITUATION BY LT. SIM ON AND HENDERSON. MOUNT SAID DUR E I CIDENT HE STAYED AT THE COMMAND POST. MOUNTAIN DESCRIBED HIS RO, AS A SUPPORT POSITION. MOUNTAIN STATED H SUPPLIED FRESH BATTE ES AND EXTRA PERSONNEL FOR PERIMETER R IEF . PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASIA Disposition: C Case Number: C95-002423-11 BCS Class : 4100 Disposition: A Page: 10 ----------------------------- NARRATIVEVN F J,------------------------------- , MOUNTAIN SAID HE WAS KEPT UPDATED ON THE SITUATION BY LT. SIMPSON. �` IN STATED HE DID GIVE INPUT REGARDING THE SITUATIONS BUT THE MOUNTAIN ,1�igJ DECISIONS WERE MADE BY LT. SIMPSON. G� , MOUNTAIN STATED AT APPROXIMATELY 1830 HRS, I SAW TRG BRIEFING AND THEN DEPLOY TOWARD THE SUSPECT RESIDENCE . MOUNTAIN SAID HE HEARD A FLASH BAG THEN HEARD SHOTS BEING FIRED. MOUNTAIN STATED HE COULD ONLY TELL THERE WERE DIFFERENT CALIBERS BEING FIRED. MOUNTAIN STATE DURING THIM£— iE_HEARDfRAHID TRAFIC STATING "HE' S GOT A GUN,'y,.gE ' S HIT BUT HE WON'T STAY DOWN. HE ' S GOT A GUN TAPED TO -HIS Mr"NTAIN SAID AFTER THE BERKELEY BOMB SQUAD CLEARED THE SUSPECT R_ .IDENCE, HE AND TOM CONGER.-SEARCHED---THE-.BACKYARD OF THE RESIDENCE TO MAKE SURE THERE WASVNOT A NARCOTICS LAB.', ON 4-13-95 AT APPROXIMATELY 1000 HRS I SPOKE WITH SAMUEL DUDKIEWICZ , SUPERVISOR OF THE B.N. E. VIOLENT SUPPRESSION TEAM. DUDKIEWICZ AND I WERE THE ONLY PEOPLE PRESENT DURING THE INTERVIEW. DUDKIEWICZ STATED HE WAS ASKED BY TOM CONGER TO ASSIST IN A SEARCH WARRANT AT 103 TRELANY ROAD. DUDKIEWICZ SAID CONGER TOLD HIM THERE WAS AN ESCAPEE AT THIS LOCATION. DUDKIEWICZ SAID ON 4-10-95 AT 1300 HRS , HIS UNIT MET AT THE CCCNET OFFICE IN PLEASANT HILL FOR THE SEARCH WARRANT BRIEFING. DUDKIEWICZ STATED SGT. DOUGLAS FROM THE SHERIFFS DEPARTMENT WENT TO THF AREA OF 103 TRELANY ROAD TO SURVEIL THE RESIDENCE AND GATHER It DRMATION AS TO WHO WAS COMING AND GOING. DUDKIEWICZ SAID THEY WERE GIVEN INFORMATION BY DOUGLAS THAT THE SUSPECT' S VEHICLE WAS NOT AT THE RESIDENCE. DUDKIEWICZ SAID CONGER CONDUCTED THE SEARCH WARRANT BRIEFING AND HE (DUDKIEWICZ) VERBALLY ASSIGNED THE TACTICAL ENTRY STACKING ORDER. DUDKIEWICZ GAVE ME THE STACKING ORDER AS FOLLOWS: 1 . NISHIYAMA 6 . CONGER (KNOCK AND ANNOUNCE) 2 . PRENTISS 7 . NICKOLS 3 . DUDKIEWICZ 8 . WILDES (SHIELD) 4 . JUE 9 . LAUDERDALE (UNIFORM) M PLEASANT HILL PD- , PLEASANT HILLj .,CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002:423-11 BCS Class : 4100 Disposition: A Page: 11 NARRATIVE 5 . BOWERS AND THEN FOUR OTHER OFFICERS WERE AT THE REAR OF THE RESIDENCE. AFTER THE BRIEFING THEY PUT THEIR TACTICAL GEAR ON AND THEN RECEIVED INFORMATION FROM DOUGLAS THAT THE SUSPECT HAD ARRIVED AT THE RESIDENCE. DUDKIEWICZ SAID THE ENTRY TEAM AND THE PERIMETER TEAM DROVE TO 103 TRELANY ROAD IN SEPARATE VEHICLES. DUDKIEWICZ SAID THE ENTRY TEAM GOT INTO THE VAN IN THEIR STACKING ORDER. THE ENTRY TEAM DROVE ONTO TRELANY ROAD EAST TO WEST AND THE PERIMETER TEAM CAME ONTO TRELANY ROAD FROM WEST TO EAST. DT'nKIEWICZ STATED THE ENTRY TEAM GOT TO THEIR LOCATION (SOUTH CURB E. T OF THE RESIDENCE) AND WAITED FOR THE PERIMETER TEAM TO GET INTO POSITION (IRVING COURT) . ONCE IN POSITION DON WILDES (CCCNET) PUT A CODE 33 ON CHANNEL 1 . DUDKIEWICZ SAID WHEN THE PERIMETER TEAM GOT INTO THEIR POSITION THE ENTRY TEAM NOTICED A BLUE PICKUP WITH TEXAS LICENSE PLATES DIAGONALLY BACKING OUT OF THE DRIVEWAY. DUDKIEWICZ SAID THE PICKUP WAS DRIVEN BY A MALE AND THERE WAS A FEMALE PASSENGER. BECAUSE OF THIS THEY COULD NOT HOLD THEIR POSITION. AS THE ENTRY TEAM MEMBERS MADE THEIR APPROACH TO THE HOUSE EACH MEMBER PASSED BY THE STOPPED PICKUP WITH THEIR GUN DRAWN. THE UNIFORM OFFICER STAYED AT THE PICKUP WHILE THE OTHER ENTRY TEAM MEMBERS MOVED TOWARD THE FRONT DOOR. DUDKIEWICZ SAID WHEN MAKING THEIR APPROACH TO THE FRONT OF THE F'..% SE JOHN BOWERS YELLED THAT HE SEES A MALE IN THE BACKYARD DUDKIEWICZ STATED ONCE AT THE FRONT OF THE HOUSE HE HEARD LOT F YELLING FROM THE BACKYARD. DUDKIEWICZ SAID HE COULD NOT DI CERN WHAT WAS BEING YELLED. DUDKIEWICZ THOUGHT THE OFFICERS N THE BACKYARD WERE TAKING DOWN THE SUBJECT BOWERS SAW. rtit i5f-1EW1qZ STATED CONGER MOVED TO THE FRONT DOOR AND H POUND D N QIT WITH 9 S FIST. DUDKIEWICZ SAID HE HEARD CONGER SAY POLICE 1 FFICERS, EARCH WARRANT, DEMAND ENTRY. I SA CON R DID 0 Cz 1-9 T KNOCK ND ANNOUNCE THREE TIMES BUT Y ID OT GET R Sp ON, :S ESPO DUDKIEWICZ SAID NICKOLS TH KEYED TH DOOR ONCE BUT THE DOOR DID NOT COME IN. DUDKIEWICZ SAI AS NICK S WAS ABOUT READY POUND I CON T S D D 0 E R D PLEASANT HILL, PD.. 1. PLEASANT HILL, '.CALIFORNIA FULL REPORT PD Class : ASIA Disposition: C Case Number: C95-002423-11 BCS Class: 4100 Disposition: A Page: 12 -------- RRATIVE TO KEY THE DOOR FOR A SECOND TIME LARRY CRINER CAME FROM THE WEST SIDE OF THE HOUSE YELLING, "HES CQT--A--GUNJ. HEI T ABY HE'S IN THE HOUSE. " ti DUDKIEWICZ SAID AT HIS P INT HE FREE HE TEAM IN CE ND HEARS SOMEONEY, is KING SA I EAR HIM ING I DUDKIEWICZ STATED THE F D A FEMALE WITH SMALL CHILD IS STANDING IN THE DOORWAY. DUDKIE Z ADDED T THE FEMALE TRIES TO CLOSE THE DOOR BUT IS UNABLE BECAUSE OF THE DAMAGE. -v DUDKIEWICZ SAID HE TELLS THE FEMALE TO COME OUTSIDE WHICH SHE DOES. THE FEMALE AND SMALL CHILD ARE TAKEN AWAY TO THE WEST AND DEBRIEFED ?'- CRINER. DUDKIEWICZ STATED HE RECEIVED INFORMATION THAT THERE W—j A FIVE YEAR OLD CHILD STILL INSIDE THE HOUSE. I -1 , DUDKIEWICZ SAID THEY ARE YELLING TO TERRY TO GIVE IT UP BUT THEY p,k RECEIVE NO RESPONSE. DUDKIEWICZ STATED HE MOVES NICKOLS, WILDES AND CONGER AWAY FROM THE HOUSE. THEY TELL TERRY TO LET THE CHILD`10�0�� LEAVE THE HOUSE. DUDKIEWICZ SAID THEY THEN SEE A SMALL HAND AT THE FRONT DOOR AND THEY TELL THE CHILD TO COME OUTSIDE WHICH SHE DOES DUDKIEWICZ SAID HE TOLD WILDES TO CALL THE HOUSE AND MAKE CONTACT WITH THE SUSPECT. DUDKIEWICZ SAID HE WANTED THE SUSPECT TO KNOW FOR SURE THAT THEY WERE POLICE OFFICERS . DUDKIEWICZ STATED HE MOVED ' HIS ENTRY TEAM AWAY FROM THE FRONT OF T THE REI,PENC -.--DU-DKIEW1-C-Z SAID AS HEY-41ERE DOING THIS BOWERS I YELLS #EA S MOVING AROUND----IN THE N/W ROOM. BECAUSE OF__TH�ZS DTTOKIEW.ICZ KEPT HIS TEAM DOWN. DUDKIEWICZ",."SAI-t)--HE--H,-E-ARD GLASS L .AKIN I'J,� NSIDE TR"E RESIDENCE AND-. HEHSMEI�LED NATURAL GAS COMING Ey FROM THE HO - ----D ICI B- HEY THEN MOVED OUT OF THE IMMEDIATE AREA. DUDKIEWICZ SAID HE THEN MET WITH LT. SIMPSON AT THE COMMAND POST AND HE TOLD SIMPSON THEIR TEAM WOULD HOLD THE PERIMETER UNTIL THE SWAT TEAM ARRIVED. DUDKIEWICZ SAID HE GAVE SIMPSON A BNE RADIO. DUDKIEWICZ STATED NEGOTIATIONS START WITH THE SUSPECT AND THEY ARE ADVISED BY SHABAZZ THAT THE SUSPECT HAS AN EXPLOSIVE DEVICE AROUND HIS WAIST. THE SUSPECT THEN SAYS HE IS GOING TO COME OUT WITH THE EXPLOSIVES AROUND HIS WAIST. DUDKIEWICZ SAID NEGOTIATIONS FAIL AND PLEASANT HILL PD' PLEASANT HILL,,.CALIFORNIA FULL REPORT PD Class: ASLA Disposition: C Case Number: C95-002423-11 BCS Class : 4100 Disposition: A Page : 13 NARRATIVE THE SUSPECT NEVER COMES OUT. DUDKIEWICZ SAID AT ONE POINT_.-WHEN-­TfiEY�FIRST BACK UP FROM THE---_,,.., .__ RESIDENCE HE SAW SPECT WALKING AROUND. IN.-...THE.-THE. -ROOM. DUDKIEWICZ _STATED "H�LD SEE A' SILHOUETTE OF THE SUSPECT AND HE 9� COULD-TELLI-HElWAS BARE CHESTED. DUDKIEWICZ SAID HE COULD SEE THE hG BUTT OFfA GUN IN THE SUSPECTS HAND. DUDKIEWICZ STATED PLEASANT HILL DECIDED THEY WERE GOING TO INDUCE GAS . THE SWAT TEAM THEN MOVED TO THE EAST SIDE OF THE HOUSE . DUDKIEWICZ HEARD GLASS BREAKING AND HE HEARD A ' SERIES OF SHOTS , A LULL, AND THEN ANOTHER SERIES OF SHOTS . DTTDKIEWICZ SAID SIMPSON ADVISED HIM THAT THE SUSPECT IS IN CUSTODY HE SAW THE SUSPECT BEING PULLED OUT. DUDKIEWICZ STATED HE COULD SEE THE SUSPECT HAS GUNSHOT WOUNDS . ON 4-14-95 AT APPROXIMATELY 1535 HRS , I MET WITH OFFICER SENST TO INTERVIEW HIM ABOUT THIS INCIDENT. PRESENT DURING THE INTERVIEW WERE OFFICER SENST AND MYSELF. THIS INTERVIEW WAS NOT AUDIO TAPED. OFFICER SENST TOLD ME HE RECEIVED A TACTICAL RESPONSE GROUP (TRG) CALL OUT. HE RESPONDED TO THE COMMAND POST ON TRELANY ROAD AND RECEIVED HIS ASSIGNMENT. SENST SAID HE AND OFFICER CLARK WERE ASSIGNED TO THE PERIMETER OF THE RESIDENCE. SENST ADDED THAT FROM APPROXIMATELY 1445 HRS TILL 1900 HRS THEY STOOD NEXT TO A SHED IN THE FIELD EAST OF THE RESIDENCE. WHILE AT THIS LOCATION, SENST SAID NEGOTIATIONS WITH THE SUSPECT V .:E GOING ON AND THEY WERE BEING UPDATED ON ITS STATUS . SENST SAID NUMEROUS TIMES THE SUSPECT WAS SUPPOSE TO COME OUT OF THE RESIDENCE BUT HE NEVER DID. SENST SAID AT APPROXIMATELY 1900 HRS, HE WAS PULLED FROM HIS POSITION AND THE DECISION WAS MADE TO TEAR GAS THE SUSPECT. SENST STATED THAT HE AND OFFICER SPENCER WERE ASSIGNED TO THE ARREST TEAM. SENST SAID THE GAS WAS GOING TO BE PUT THROUGH THE BACK WINDOWS IN HOPES OF FLUSHING THE SUSPECT OUT THE FRONT OF THE RESIDENCE. SENST STATED HIS POSITION WAS NEXT TO THE PICKUP PARKED IN THE PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002.423-17 BCS Class : 4100 Disposition: A Page: 1 ______________ ___________ CASE REPORT ------------------------___ Section - 1 : PC187/664 2 : PC245 3: PC451 4: Level. : F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 : 00 Reporting officer: HARPER, JACK ( 156 ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS . PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. NARRATIVE S" 'PLEMENTAL REPORT: ON 4-25-95 , DETECTIVE PETE ENEA HANDED ME TWO ENVELOPES THAT HEo- SAID HE WAS DELIVERING FROM TED SPIRO OF THE D.A. 'S OFFICE . ONE ENVELOPE HAD NOTES ON THE OUTSIDE INDICATING THAT T.HE-Y--WERE--TWO-- TAPE CASSETTES_, - 9SFE----I-S-A-M-ICRO=G�ASSEtTTE-OF---INTERVIEWS WITH ROBERT-- J; v WILCOX JR.._, --A-LLAN---DOYLE ON 4-11-9� . THE OTHER CASSETTE WAS TAPED INTERVIEWS 4i -CQy£�', LT. HORGAN AND OFFICER TODT CLARK ON 4-11-95 . I BOOKED THESE TAPES INTO EVIDENCE ON 4-25-95 . THE OTHER ENVELOPE CONTAINED THE TYPED SUPPLEMENT OF TED SPIRO. I PUT THIS INTO THE CASE FILE FOLDER. NOTHING FURTHER. 042595/1618/314/156 EVIDENCE ******************************************************************************* ID:C95002423-17-001 Owner: * NONE Category:Y Article :CASSET Brand: 3M Model: 543 Color: Quan: Serial number: Value: $ Desc :MICRO CASSETTE TAPE MARKED TS-1 4-11-95 AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ----------------- 01 04-25-95 17 EVIDENCE EVID 156 314 PLEASANT HILL PD PLEASANT HILL; -CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-00:2423-17 BCS Class : 4100 Disposition: A Page: 2 EVIDENCE ID:C95002423-17-002 Owner: * NONE Category:Y Article:CASSET Brand:SPANO Model:AUDIO Color: Quan: Serial number: Value: $ Desc:AUDIO CASSETTE TAPEE MARRED TS 95-2423 TS-2 AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 04-25-95 17 EVIDENCE EVID 156 314 i RPT# DATE TIME OFC OFC NAME I/T R/T 17 04-25-95 1530 156 HARPER, JACK 5 10 Reviewed by: rmmxa( Date: F/U assigned to: Due Date: PLEASANT HILL PD` PLEASANT HILL; 'CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-18 BCS Class : 4100 Disposition: A Page: 1 ------=------------------------ CASE REPORT =____--------------------- ------ ---------------- ---------------------------- Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level: F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 : 00 Reporting officer: HARPER, JACK ( 156 ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS. PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. ------------------------------- NARRATIVE S...- -IPLEMENTAL REPORT: ON 5-3-95 I RECEIVED TWO PACKAGES OF AUDIO CASSETTES AND TWO REPORTS FROM D.A. INVESTIGATORS TOM LEARY AND JOHN WASSON. THE AUDIO TAPES WERE OF INTERVIEWS OF PERSONNEL INVOLVED IN THIS INCIDENT. THE REPORTS ARE SUMMARIES OF THOSE INTERVIEWS . THE TAPES WERE LOGGED INTO EVIDENCE AND THE SUPPLEMENTAL WERE INCLUDED IN THE ORIGINAL REPORT. 050395/1319/314/156 -------------------------------- EVIDENCE ID:C95002423-18-001 Owner: * NONE Category:Y Article:CASSET Brand: Mode1 :AUDIO Color: Quan: 4 Serial number: Value : $ Desc : 4 AUDIO TAPES WITH INTERVIEWS BY TOM LEARY AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ----------------- 01 05-03-95 18 EVIDENCE EVID 156 314 PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-18 BCS Class : 4100 Disposition: A Page: 2 EVIDENCE ID:C95002423-18-002 Owner: * NONE Category:Y Article:CASSET Brand: Model:AUDIO Color: Quan: 5 Serial number: Value: $ Desc : 5 AUDIO TAPES WITH INTERVIEWS BY JOHN WASSON AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 05-03-95 18 EVIDENCE EVID 156 314 i' RPT# DATE TIME OFC OFC NAME I/T R/T 18 05-02-95 1300 156 HARPER, JACK 20 5 Reviewed by: F1 "N;tzq Date : s fj F/U assigned to: Due Date: PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-19 BCS Class : 4100 Disposition: A Page: 1 CASE REPORT -------------------------::_____- -------------------------------- ------- - -- -- Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level: F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 : 00 Reporting officer: MARTELL, TIMOTHY E. ( 108 ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS . PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. ( ****** *************** ***** * 3 ------------------------------- NARRATIVE Z*.. ATTACHED IS THE STATEMENT OF CAPTAIN TIMOTHY E. MARTELL. RPT# DATE TIME OFC OFC NAME I/T R/T ---- ---- ---- --- -------- --- --- 19 04-12-95 108 MARTELL, TIMOTHY E . 5 5 Reviewed by: Date: F/U assigned to: Due Date : Statement of Captain Timothy E. Martell Case 95-2423 On Monday, April 10, 1995 at approximately 1425 hours I was in my, office at the Police Station. I heard a radio broadcast on the PH main channel that a "barricaded subject" situation was developing at 103 Trelany Rd, where our Officers were assisting C-NET serve a search warrant . I went to the Dispatch office to listen and help direct operations . Dispatcher Gervais was at the console. Within a minute or so I heard a radio call from an Officer on the scene asking Dispatch to find a number for the house (103 Trelany) and to call it and if anyone answered to tell them to go out the front door and surrender to the police . Gervais called the first number and found it was disconnected. Other Dispatchers looked up another number and i started to place a call when Officer Thompson walked into the room. I directed him to handle the phone calls . He did. Refer to his report for details of his conversations with the suspect . Officer Thompson told me that the suspect said he had a gun and that he 2 "wanted to be hurt . " Q A supervisor at the scene called on the radio asking Dispatch to activate the TRG. Sgt . Shabazz, the Department primary hostage negotiator, was the on-coming WC, as well as a member of the TRG, and was in the station. I sent word to him to come to the Dispatcher office to act as the hostage negotiator. He did so . Refer to his reports for details of his conversation with the suspect . Sgt . Shabazz said that the suspect had said he had a bomb and was going to usit . Captain Phalen and I briefly discussed the situation and we agreed that I would go to the command post to observe operations while he stayed in the station to co-ordinate activities from there. I drove to the parking lot of Grand Auto, arriving about 1500 hours, and found the command post . A large perimeter had been established. Lt . Horgan and Lt . Simpson were acting as the on-scene commanders . I left them in command and assisted and offered advice as I felt necessary. I assisted Sgt . Schembra with the detention of Ms . Jones . The SO command van arrived. The PHPD command van arrived. Many other Officers from allied agencies arrived. At approximately 1800 hours the decision was reached to attempt to drive the suspect out of­theont___Q _ he house by having the TRC deploy gar--gas into the back of the house. I concurred in this decision. ---� C95-2423 page 2 of 4 Among other things we considered in deciding to force the issue and use tear gas were; the reported fire in the residence and potential property damage in the area if not controlled, the suspects threats to explode a bomb and the explosive danger if there was a bomb, in or out of a fire, the danger to the suspect if trapped in a fire,. the suspect escape risk during a fire, the suspects statements that: he "wanted to be hurt", his repeated opportunity to surrender and his refusal to do so, and the approaching darkness . At approximately 1900 hours, TRG made their approach and went out on my sight by the garage at the house . At the time I was at the command post and could see part of the front of the house and yard and the east side of the garage . Shortly after the TRG went out of sight I heard what I took to be breaking glass and I thought it was one or more windows being broken. I saw what appeared to be thin white smoke raising from the rear of the house . I took this to be tear gas . I then heard what I took to be a stun grenade. I then heard what I took to be gunshots . First a single shot then another or two then a burst that I took for automatic weapon fire. I knew that at least two of the TRG were armed with MP-5' s, I hoped it was from them. (Later, after the suspect was in custody I was told that it was the TRG) . There was some shouting from officers near the uhouse, and some excited police radio traffic that I could not nderstand, some asking if BNE had broken out a "second" window, then reports at the suspect had gone back inside the house and that none of the officers were hurt . I saw persons I thought were members of the TRG run into the west side of the front yard from the rear of the yard and crouch down. ; A police radio report _,said that the house was on fire,. but I could not see any flames . hin white"smoke (tear gas-) continued to drift in the changing win�tt t"s.`A-ft:-L5`r w-fiat seamed like 5 or 10 minutes, I heard one or two more shots, then a burst of shots, followed a few minutes later by a police radio report that it was "code..411_- and to send in the ambulance. The three fire engines that were standing by at the command post , -� drove west on Trelany to the house, as did the ambulance. I 7 . emained at the command post,. !� �( Within a minute or so, a police radio report said that an entry r%, officer had found what he thought was a bomb in the house. The _ suspect had been loaded into an ambulance by this time and the fire J trucks and the ambulance backed away from the house, stopping at the command post . I could see a set of feet in white socks sticking out of the back of the ambulance . I thought they were the suspect' s feet . They were moving. I never saw any of his wounds . Officer Pratt climbed in the side of the ambulance to stay with the prisoner. I saw that someone in the back of the ambulance was cutting off the suspects pants (blue jeans) by someone in the ambulance and they were handed C95-2423 page 3 of 4 out and dropped on the ground behind the ambulance. I saw them picked up by a SO Deputy and placed in a plastic bag. At this time most of the TRG members had come back toward the command post and I spoke to as many as I could find. They looked like they were suffering from the effect of the tear gas and a stun grenade . Their faces were flushed and sweaty and they had red, runny eyes and noses . They smelled of tear gas . I saw white marks on the front of Ofc Thomas' s shirt that I took to be powered tear gas . He told me one wgnt off before it was thrown through the window. r­ C� At about this time I saw one of the UCPD Officer' s walking back toward the command post from the house carrying what he said was a "fake" bomb . He brought it to the command post were I saw at it was ( two or three small road flare type devises, wrapped in black tape, with several wires leading from the tape to a electronic type circuit board about 4 inches long by 2 inches wide, connected to a nine volt battery. This item was turned over to Officer Foreman who was with me at the command post . He placed it in a bag. I walked with Officer Foreman to the Sgt . Car. We obtained the keys and locked the fake bomb and his MP-5 in the trunk and he kept the keys . He used the Sgt' s car telephone. About this time the ambulance left, carrying the suspect, accompanied by Office Pratt . After briefly talking with the involved officers and assisting with logistics where I could, I returned to the police station, arriving around 2015 hrs . At the station I discussed the situation with the other commanders and Deputy DA Bob Hole and we assigned some follow-up investigation responsibilities . Among other things, I was asked to be the witness for the blood and urine samples from Sgt . Skinner, Officer Foreman and Officer Lauderdale . We met in the lunch room with the BAD nurse and I witnessed the blood draw, signing for same. We went into the mens room and I witnessed the urine sample. I signed for same and.placed all blood and urine in the Evidence room refrigerator. After I had placed two urine bottles in the their individual bags and sealed them, I realized that I had not signed the top "seal" on those two bottles . I still had the last one unsealed and signed it . Sgt . Ezell witnessed me placing the evidence in the refrigerator. I was asked to take Sgt . Skinner' s weapon into evidence. I found him and asked for his weapon. He said it was in his office . He left, headed upstairs and returned a minute later. He handed me a Beretta, 9mm, pistol, model 92F, with a clip in it, and told me that was the one he had fired at the suspect . C95-2423 page 4 of 4 We locked this pistol in booking room gun locker # 8 and I kept the key. Later that night one of the SO crime scene officer asked me to turn the pistol over to him. I did so, completing the SO property card at the time. I completed a formal supplemental report on the property witness work and submitted same. See the Property Report . I sat in on part of the DA investigation team planning meeting. At approximately 0145 hours I thought there was little else I could do at the time and after discussion with Lt . Simpson, Lt . Horgan and Sgt . Harper, left the went off duty for the night. End of report . ' Mme. Timothy E . Martell Captain � Signed: '�; ��- C �-/ Date Witness : i PLEASANT HILL PD PLEASANT HILL,. ,CALIFORNIA FULL REPORT PD Class: ASLA Disposition: C Case Number: C95-002423-20 BCS Class : 4100 Disposition: A Page: 1 CASE REPORT Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Leve]_ : F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-1.0-95 at 13 : 00 Reporting officer: ( ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS. PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. ------------------------------- NARRATIVE ATTACHED IS D.A. INVESTIGATOR T. LEARY' S SUPPLEMENTAL REPORT AND INTERVIEWS. i' RPT# DATE TIME OFC OFC NAME I/T R/T 20 04-17-95 5 . 5 Reviewed by: Date : I�. F/U assigned to: Due Date : DISTRICT ATTORNEY'S OFFICE CONTRA COSTA COUNTY INVESTIGATION REPORT CRIME: OFFICER INVOLVED SHOOTING DA FILE #: (PROTOCOL CASE) x-ref: Pleasant Hill PD #95-2423 DEFENDANT: Michael Rowland Covey ORIGINAL Copies of report to: X Deputy DA R. Hole X Other: Pleasant Hill PD Requested by: DDA R. Hole Date: 4/10/95 Inspector assigned: Tom Leary Special Operations Division INVESTIGATION SUMMARY: Report concerns an Officer Involved Shooting, in which a suspect was injured by gunfire. The Protocol was invoked, resulting in a joint investigation being conducted by members of the Pleasant Hill Police Department and members of this Office. This report deals with interviews conducted by me and Detective Pete Enea of the Pleasant Hill Police Department, including the interviews of three civilian witnesses and one witness/Officer. The witnesses are listed on page two, and the narrative begins on page three. Re ort b Thomas Leary, Senior Ins ecto Aril 17 1995 INVESTIGATIVE NARRATIVE April 10, 1995 At 8:55pm, I received a telephone call from Sr. Inspector John Wasson. He told me there had been an Officer Involved Shooting in the City of Pleasant.Hill, and that the Protocol had been invoked. He asked me to respond to the Pleasant Hill Police Department (PHPD), to participate in the investigation. I arrived at PHPD at 9:45pm, and was directed to a briefing room, where a large number of police officers were gathered, as well as others from this Office. Basic background information was being gathered, including the identification of all of the officers involved in this case, both directly and peripherally, and the identification of other non-officer witnesses. At 11:10pm, a factual briefing was held in which investigating officers (from this Office and from PHPD)were advised as to the facts of the case. Investigative priorities were identified, investigative. teams were formed, and assignments were made. I was to work with PHPD Detective Pete Enea. We were assigned to interview the civilian witnesses who were at the residence when the Search Warrant was served. These people were: ■ Michelle Jones ■ James Morrow ■ Sherry Gomes. April 11, 1995 At approximately 12:00am, I went with Wasson and PHPD Officer Doug Thompson to the scene of the Search,Warrant and shooting at 103 Trelany Road. The purpose was to view the scene, so as to be better able to understand what the witnesses told us during the interviews, and to be able to ask appropriate questions of other witnesses. Along with other investigators, I walked in a single file line across the front yard from the street, and through the area designated "breezeway", to the rear of the residence. I returned to the front of the residence retracing my steps. At 12:58am, Detective Enea and I interviewed Michelle Lynn Jones. I introduced myself, Sgt. Douglas, and Enea. Douglas sat in on the interview(this was originally a Sheriffs Office case), but did not participate in the interview. I explained to Jones that we wanted to interview her regarding what had occurred at her residence on Monday, and explained she was being interviewed strictly as a witness. I told her there was no focus on her as a suspect during this interview, and that nothing she said would be used against her- that she was not going to incriminate herself. Further, that the reason there were three investigators from three different agencies was because we conduct T. Lea 3 INVESTIGATIVE NARRATIVE investigations in this fashion when there has been a shooting involving an officer. In response to our questions, Jones provided the following information: Jones said her date of birth was 12/23/67, and denied having any other names she was known by. She lives at 103 Trelany Road in Pleasant Hill, and that her phone number was 689-5123. She lives there with her seven year old daughter, Naomi, with her 18 month old son, Garrett, and with Terry Jones, her boyfriend. She is not married to Terry Jones. Jones has lived at the Trelany Road address since January 12, 1994. She moved in with her children and with Terry Jones. No one else moved in with her at that time, though Gary Darce and Sherry Gomes both live in the garage. They used to live in the trailer behind the residence, but the City was getting after Gary's mother, Dorothy Robinson (the owner of the house), because there was no water service to the trailer. Robinson owns the property at 103 Trelany Road, Gary Darse is her son, and Sherry Gomes is Gary's girlfriend, and Michelle Jones' mother. Jones pays$600 per month for rent, and is on AFDC ($607 per month). Jones also babysits to bring money in. Terry Jones has lived continuously with Michelle while they have been at 103 Trelany Road. To earn money, Terry "does car deals, and things", and works on cars for others. t Jones has known Terry J r a proximately five years, and met him in Modesto. he date im in Modesto, unci he went to jail.-----, J At this point, Jones said Terry Jones' true name was Mike Covey. Jones moved "up here" from Modesto after Covey went to jail, approximately four years ago. The last time she saw Covey, he was in jail in Modesto. She went to visit him just prior to moving. Covey then showed up approximately three or four weeks after she moved, and he told her that he had been released from jail. Garrett is Covey's child. Jones claimed she did not know why Covey was in jail. Jones moved from Modesto to Concord, and lived with her sister, Laura Nagy (26 years), at 1110 Lacey Lane. Jones lived there less than six months. From there, Jones moved to Curry Creek Trailer Park on Morgan Territory Road. T. Lea4 4 INVESTIGATIVE NARRATIVE She lived there five or six months with Covey (they moved in together). They rented the trailer together. From there, they moved back to 1114 Lacey Lane. The address was a dog kennel, and Jones and Covey helped with the care of the animals. The lived there through two Christmas'. From there, they moved to a motel on December 17, 1993. They stayed in the motel until they moved to Trelany. Jones became aware of the availability of the residence on Trelany through her mother's boyfriend, Gary Darse. When Jones first met Terry Jones,she met him as N� �A gy. However, when he joined her here in Contra Costa County, he to her he wanted to be called Terry Jones. She did not ask why, nor did he explain why he wanted to be called by something other than his real name. She "just didn't question him". Covey did not have anyone in particular coming to visit him while they lived on Trelany. Jones said Covey's mother was still alive, and identified her as Doris Covey, living in Modesto. Covey does not see her very often, nor does he talk to her on the telephone. Covey has a sister named Dorothy,and two brothers named Rick and Gary. Dorothy lives in Modesto, but Jones does not know where Rick and Gary live. Covey does not see them either. Jones is unaware of any extended family. Covey's father died (cancer) sometime before Jones moved to Contra Costa County. When everything started happening Monday, Jones was in her house with her two children and with Covey. Jones' mother was in a truck with her friend, James, and they were leaving. Gary was not there as far as Jones was aware. Jones usually does not pay attention to what goes on out in the garage. Jones had been talking to her mother prior to the arrival of the police, and she told her she was going to go to the DMV office, to get her car registered. Between the time her mother left,and the time Jones was aware something was happening around her house, "maybe five minutes" had gone by. Jones first became aware something was going on when she heard someone say to stop and put their hands up "or something". There was "a whole bunch of yelling", and Jones did not recognize the voices. She heard "Police" and "get out of the truck". Jones was holding her son at the ime;a63 was telling her daughter to go clean her room, as she stood in the living room in the front of the house. She could T. Lea 5 INVESTIGATIVE NARRATIVE Jones heard someone say "Police" "maybe one or two" times. She also heard someone say "put your hands up". Just before everything started happening, nothing unusual was occurring inside the residence. Covey was "backing me with Naomi", and was standing "kinds by the kitchen, by the living room". When she heard someone yell "Police", Covey told Jones to "get the kids and get out". He said nothing else. Jones denied any knowledge of Covey being in possession of any weapons, saying "not that I know of". I stopped and explained to Jones the importance of being entirely truthful with me during the interview, and told her she would not get into trouble for telling the truth. Jones said the only thing she knew he had was a flare gun. Regarding the bomb he was supposed to have (she had been told about a bomb by a police officer), she said she had never seen any kind of bomb or any kind of explosive materials. Jones said she had talked to a.po ice officer already, a black officer, the one �- Covey told he would surrender to When Covey told Jones to get out when they heard the police out front,Jones said "OK". The police were knocking on her door, so she opened the door. While they were knocking on the door, she heard the police say "Police, open up, or we're gonna knock it down" (or something like that) three or four times. While they said that, they were pounding on the door. Naomi was back in her room. Jones opened the front door for the police, the door they were banging on, and saw police officers with their guns on her and Garrett. Jones knew they were police officers because they had jackets on and "the badges". Jones started walking out the front door, and one officer grabbed her and pulled her down, and took her off to the side (off to the left), by the car. The officer was "yelling at me, and telling me I had to calm my kid down". Jones clarified "pulling me down" to mean he "pulled me along", moving her along. Jones told him Naomi was in the house, and he said he would take care of it. Jones said Covey had a "flare gun" when she walked out the door. She described it as being orange and black, the size of a handgun. Jones does not know if Covey has flares for the flare gun. When she went outside, the last she T. Lea 6 INVESTIGATIVE NARRATIVE knew, Covey was still in the kitchen. Jones denied having ever seen Covey with any other gun. Covey used drugs "in the past". Jones "couldn't say" whether or not Covey used drugs today, saying she didn't know. She emphatically stated "he don't drink alcohol". In the past, Covey used "crank". Jones did not know when the last time she knew Covey to have used crank was. Jones said she was not afraid to talk to me about Covey. Since October (her son's birthday), Covey had "been kinda weird to me", meaning "having to tiptoe around me, so I don't get the wrong idea about things". Covey was concerned about getting stopped by the police because he "didn't have a license". Covey " as usually paranoid,, and always has been. "He was that way when I met him." Byratroid;she meant "overly cautious" about "getting pulled over". Jones denied knowing anything about Covey being on the run. At this point, I had to turn the tape over, resulting in being off the tape for approximately fifteen seconds (time: 1:28am). Jones " inda figured" Covey was on the run, but did not want to believe it. Jones denied hearinanything Trom ovey a out being on the run. Jones does not know how many times Covey has been to jail previously, and did not believe he had ever been to prison. He has talked about being in jail "a couple times",saying "he was in there for driving on a suspended". Covey did not talk to Jones about what he felt while he was in jail other than telling her he did not like to be in jail. Covey never talked about suicide, but did talk about being tired of living, saying he had done this all before,and knows what is going to happen. Jones explained they are "kinda into psychic stuff' and "past lives". Though he said he knew what was going to happen, he did not talk about what was going to happen. "He never really talked about" the police looking for him. Jones does not own a gun, and does not allow guns around her children. The T. Lea 7 INVESTIGATIVE NARRATIVE flare gun was kept up away from the children. Jones did not see anything wrapped around Covey's hand today. She denied ever seeing Covey with a handgun, "as best as I can remember". Jones did not know what Covey might have been breaking inside the house, and did not know what the fumes were coming from the flue on`tIie roof. She didL. not know of anything Covey had in his possession that he would not want the police to know about. Jones said the propane tank was in the house for her gas dryer, and that there was nothing else hooked up to it. At 1:37am, we stopped to get Jones something to drink, and turned the tape off. At the same time I put fresh batteries in my tape recorder, as I had been having a problem with it. I later discovered the "Voice Activated" switch had been inadvertently turned on, which caused it to stop and start during the interview. The interview picked up again at 1:40am. Jones said she had "no idea, no idea" that anything was going to happen. Jones did have the idea that Covey was in trouble when the police showed up. Additionally, Covey's "overcautiousness" and his name change caused her to think he was running from Covey told Jones that if the police ever came for him, he would not go, that he uld rather die. He told her that a couple of weeks ago. He was not any more specific. Jones rd not think "he would do that". Other than telling her to get out with the kids when the police arrived, he said nothing else. Jones continued to maintain she knew nothing about Covey having a gun other than the flare gun. Jones said Covey never told her he was an escapee, but did tell her he had been released, and coupled with the name change, Jones figured out he had lied to her. She thought there might be something wrong about a year ago, that Covey was not being totally honest with her. J st recen v told her he had not been released from jail, but she had.Jhe----- ideat� hat he had escape a made it clear to her that he had escaped. It was at the same time he talked about not going back to jail, and that he would rather die than go back to jail. T. Le 8 INVES TIGA TI VE NARRATIVE We terminated the interview at 1:50am. i tnl � �r At 2:OOam, Enea and I interviewed Sherry Lynn Gomes. The interview was tape recorded, and was terminated at 2:20am. It will be documented by Detective Enea. Refer to his report for details of the interview. At 2:37am, we interviewed James Lindsey Morrow. The interview was tape recorded, and was terminated at 2:51 am. It will be documented by Detective Enea. Refer to his report for details of the interview. Having completed our assigned interviews, we checked to see if there were any other witnesses that still needed to be interviewed. We were told there was one officer witness that had not been talked to, so at 3:15am, we interviewed Special Agent Tom Prentiss. In response to our questions, and in narrative form, he provided the following information: Prentiss has been with the Department of Justice, Bureau of Narcotic Enforcement (BNE), since 1988. Prior to that, he was with the California Highway Patrol between 1972 and 1988. His current responsibilities include working with a Violence Suppression Unit, which was started in August 1994. The function of the unit is to assist local agencies with their crime problems, and specifically, to focus their attention on violent criminals. Prentiss is a Special Agent with BNE. Prentiss said the CCCSO requested assistance in the service of a Search Warrant via Special Agent Nishiyama. This is one area where BNE assists local law enforcement. Prentiss has participated in the service of more than 50 Search Warrants with his current unit since August 1994, and over 100 since he started with BNE. The BNE agents were dressed in helmets with "Police" on the front and "BNE" on the back, black BDU's with "Police" on the front and "BNE" and a badge prominently displayed, black boots, and tactical gear. A briefing was conducted at the C-NET office, and was conducted by the case agent, a Sheriffs Detective. Agent Ducowitz conducted the tactical briefing. Prentiss' role was as a member of the primary entry team, and he was supposed , to enter via the front door. Agents had information that a WM who was a fugitive with rio"eapons and narcotics violations would be in the house alo ! / with a female and children. Prentiss was unaware of any of er occupants. ; T. Lea 9 INVESTIGATIVE NARRATIVE Prentiss saw a tactical diagram of the residence including the street on the chalkboard, and a photo of the fugitive WM. Ample time was allowed for questions and answers. Ducowitz made sure everyone had the information they needed, and made sure everyone knew their assignment, as is his custom. The unit has a stacking order, special equipment assignments, and tactical assignments. Contingency plans, shots fired- outside and inside, and any other potential problems are identified and discussed. The briefing was held at 1:30pm. Prentiss' normal working hours are 9:OOam to 6:OOpm. He got to bed Sunday night at 12:30am (Monday) and arose at 7:OOam. Nothing unusual happened Monday morning. 4 They "geared up" at the C-NET office, and the entry team got into a brown van (Prentiss got into this vehicle- along with seven others). The rear team followed along with a marked unit from the City of Pleasant Hill. They met East and West of the target, to make sure everyone was together, then moved in. The person who drove was from the SO. Prentiss carries an MP-5 and a Glock 9mm sidearm. He last qualified with the weapons was within the past two weeks, and qualifies at least once a quarter. The unit last trained together last month. Once the door was opened, the plan was for entry to be made by BNE, in the following order: Nishiyama, Prentiss, Ducowitz, Bowers, and Chew, followed by the two SO deputies (dressed in raid gear) and the uniformed officer. l When they arrived, they encountered a male and a female in a pick up leaving the premises. They were instructed to place their hands in the air, and they complied. The entry team moved past the pickup, and a uniformed officer took custody of them. The entry team moved forward to the next "control.point", and the rear team was moving into position. They moved past the garage to the front door, assuming the previously designated "stacking order". Prentiss, using the diagram identified the various locations of deployed personnel. ----The.i.ron security ate on the front door opened outward apd was opened by,._ _ the agents with no problem. As they moved into position, Prentiss heard yelling from the back yard. The knock/notice (K/A) was made three separate times, in which identification was made, intent was stated. and entry was demanded. f; T. Lea 10 F INVESTIGATIVE NARRATIVE Prentiss' recollection wa Police, a have a Search Warrant, open the door". At the same time, someo pounding on the door. The K/A was made in a loud enough voice-that-it-could- he-M_aY Someone made .1 the decision o force entry, and the door was hit with he ra- At that point, :Fk , __Px�ntiss-hea d someone say "He's got a guns". They were just about ready to hit the door a in, and Ducowitz ma iston to freeze everything as it was. The front door was opened by a female with a small child standing neat f` 3 to her left side. The door was shut (unknown how) and was re-opened and she had the child in her arms. She came outside via the front door, and was directed to where other officers were stationed. They ordered "Terry ' out, telling him to surrender, saying they knew he had a gun, but received no response. The yelling in the back yard had, by this time, subsided. At this point, Prentiss knew the suspect was back in the house, and had a weapon. Someone(he does not know who) tried to get information from the WF about who else might be in the residence. She told them her other child was still inside. Officers are still talking to the suspect, trying to get him to come out, and when he did not come out, they.asked_him,to send the girl out. i An officer used somethi364.5he to prop the front doo�en and they saw the girl inside. They called her ca -outwith-to problem), and was directed to where her mother was waiting. Prentiss never saw the suspect himself. One officer, possibly Ducowitz, said he saw the suspect. They continued to try to call the suspect out without success. A decision was made to call out the Police Department's Tactical Team. A couple of minutes f' later, Officers started smelling natural gas, and hearing glass breaking inside the residence. A decision was made to move back from the house for safety reasons. Prentiss was aware of Ducowitz saying he saw someone in the window, and that he saw him with a gun. They still did not have any communication with the occupant of the house, and the gas smell was still prominent. Another officer made Prentiss aware of the fact that some kind of vapors or smoke was coming from the vent on the roof of the house. The fact that intelligence that had been gathered indicated there was no fireplace in the house also was cause for concern. Prentiss could not see these things himself. After a period of time, it was decided to move back even further to provide a T. Le 1Z INVESTIGATIVE NARRATIVE wider perimeter, and to get them back further from the house. They stayed in this position for a little over an hour, when he was relieved. Prentiss was called back up, because the negotiator had said the suspect was coming out. The negociator continued trying to talk the suspect out of the house, utilizing both a "bullhorn" and a cell phone. Surrounding houses (to the East and North) were evacuated at Ducowitz' request (unknown by who). Prentiss was also aware that the Police Department's Tactical Team would be making entry, using tear gas. There was also concern that the suspect had wrapped himself in explosives (suspect told the negociator). i The Tac Team moved in, and Prentiss heard glass break, a "flash-bang" go off, someone yelling "Police!, Drop the weapon'.", and shots fired (several rounds). Prentiss recognized some of the shots to be from what he thought was.an MP-5. Prentiss heard that the suspect had been shot, and would not relinquish the weapon. Start to finish was approximately five minutes. The suspect was brought to the street by the Tac Team, and Fire and ambulance moved in. Prentiss estimated he heard 12 shots. After he heard "Drop the weapon, Police!", he heard the MP-5. Then a single round, then another series, probably the MP-5 again. Prentiss heard Nishivama say he was receiving fragmentation in his position by the Buick. Prentiss did not hear the suspect say anything while he was out front, and heard nothing from the WF other than she had a child in the house (initially). He did not hear the occupants of the pickup truck say anything either. �!i Prentiss is unaware of which officers fired their weapons. ,., Once the scene was secure, and the suspect was being tended to, Prentiss was \;! directed by Ducowitz to take measurements of the residence (house, windows, 'X. position of vehicles, doorway, etc). The purpose was to be able to write the required report for their agency. When the measurements were finished, Prentiss and his co-workers moved out of the crime scene to the Grand Auto parking lot. Subsequently, they were directed to the Pleasant Hill Police Department to await interviews. T. Lea li INVESTIGATIVE NARRATIVE Prentiss did not talk to any of the shooting officers. Given the opportunity to clarify or add anything he thought important that was not covered, Prentiss related the following: "The only problem I have is how many people at the front door... I know we had the shield man and the ram man, and I believe one other, because we had three people ending up over on these vehicles over here (indicating on the sketch). That's the only thing I have any problem with." Everything was done the way it was planned. Up to the time he heard that the suspect had a gun, it was a "normal" Search Warrant service. The interview was concluded at 3:58am. After making sure everyone had been interviewed, and after writing a note to DDA R Hole, I left the Police Department at 4:25am. !S Copy of diagram used by Prentiss during interview attached. t NF1 T. Lea 13 pLFASAN-'HILL POLICE DEPARTMENT (cAowos) Narrative-Supplement Report - 330<C7m"c Dr. ,RH., CA., 94523, {510) 671-4600 .: : ; Case No. f r VICTIM: SUSPECT: PH CLASS: j IC A& G 2 i n � f 2- f(3USi, ►� i • ' i AUG i i t� Jw C J ,.�, f K Copy to: Date Ofc- LT v I P4 Disco lProcessed FG PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASIA Disposition: C Case Number: C95-002423-21 BCS Class: 4100 Disposition: A Page: 1 ----------- ------------------- CASE REPORT -------------------------------- --------------------------- -------------------------------- Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level: F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on _04-10-95 at 13 : 00 Reporting officer: ( ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG 'CALLED OUT AT APPROX. 1435 HRS. PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. ------------------------- NARRATIVE ------- ---- ------------------ Ilk ATTACHED IS D.A. INVESTIGATOR PATRICIA FARRELL'S SUPPLEMENTAL REPORT AND INTERVIEWS. RPT# DATE TIME OFC OFC NAME I/T R/T ---- ---- ---- --- -------- --- --- 21 04-11-95 5 5 i Reviewed by: �'Jj'v Date: s,2 /i's F U assigned to : Due Date: / 4. OFFICE OF DISTRICT ATTORNEY CONTRA COSTA COUNTY INVESTIGATION REPORT Type of Investigation INCIDENT INVESTIGATION Code Sections OFFICER INVOLVED PROTOCOL DA File Number Subject/Defendant PLEASANT HILL POLICE DEPARTMENT ***************************************************************** Copies of Report to: . District Attorney Chief DDA Senior DDA Deputy DA File Other Investigation Req' ed By Bob Hole Date 4/11/95 Investigator Reporting Patricia L. Farrell Investigation Summary Detective Larry Criner Pleasant Hill PD 671-4637 1 Officer Donald Wildes Pleasant Hill PD 671-4637 Deputy Thomas Conger Contra Costa Sheriffs Department Officer Gordon Thomas Pleasant Hill PD 671-4637 INVESTIGATION On 4/10/95 , I was called by Senior Inspector John Wasson at approximately 2045 hrs and he requested that I respond to Pleasant Hill Police Department (PHPD) .for an Officer Involved Protocol caliout . No other information was provided. I arrived at PHPD at approximately 2130 hours. After a trip to the scene and a briefing conducted by DDA peke, I, along with Det . Criner were assigned to interview officeils w had involvement in this incident . All the interviews were conducted in the Ch' ef' s conference room. All interviews were tape recorded. See Det Criners' report for the interviews of Officer Thomas and Deputy C nger. At approximately 0233 ho�irs, Det Criner a d I interviewed Officer Wildes . Officer Wildes has been a po ice officer for approximately 9 1/2 years, the last four with PHPD. Officer Wildes is currently assigned to CHET. Officer Wildes advises the following, paraphrased: Wildes advised that he was involved in the initial briefing that Deputy Conger gave on the execution of the search warrant for 103 Trelaney Ave, Pleasant Hill . Wildes advised that his assignment on the search warrant entry team was to carry the ballistic shield up to the front door of the residence to provide cover for the entry team and the knock and announce person. The other team members were Deputy Conger, Sgt Nichols, and the state VSU team. All were dressed in fully identifiable Police outfits . The entry team approached the front door, where Deputy Conger made the first knock and announce. Wildes took up his position to the right of the front door protecting the entry team with the shield. The VSU team was to the left of the front door. Deputy Conger, to the left of the front door, knocked once at the front door, and announced loudly, "Deputy Sheriff, search warrant, demand entry. " After no response from inside, Deputy Conger waited approximately 15 seconds, and again knocked on the front door loudly. Again he said, "Deputy Sheriff, search warrant, demand entry. " Deputy Conger waited another 10-15 seconds and had no response from inside . Deputy Conger again knocked on the front door and loudly announced, "Deputy Sheriff, search warrant, demand ,?� ! entry" . There was still no rerpofrom inside the residence . V. Deputy Conger told Sgt Nichols to force ent nt-o-t �-f�oYi� door. One forced entry using the "key") wa e by Sgt . Nichols . Simultaneously, Det. Ene d Corporal ner (PHPD) came running out from the right gate area an that there was a male, with a gun, in the backyard. According to Wildes, the entry team then "hunkered" down. Several times, the team would yell out "Police department,, deputy sheriff" so that everyone in the house would know that it was law enforcement . A WFA came to the front door, holding a small child. The WFA came out of the house and Wildes directed her away from the house. The entry team continued to yell several times, "Terry come on out, police department" , with no response from inside. " No one at this point had crossed the threshold of the front door. Wildes then advised PHPD dispatch that they had a barricaded subject and requested additional patrol units . The area was cordoned off . 2 For safety reasons, Wildes and other officers retreated back, away from the front of the house. Wildes smelled gas and heard glass breaking from within the house. Officers were continually yelling for "Terry" to come out, and they also yelled for him to release the seven year old, which he did almost immediately. The perimeter was secured, the immediate area was evacuated, and the tactical team from PHPD was called in. Negotiations were started with "Terry" , (the original subject of the search warrant) , to come out of the house. When the tactical assault was made on the house, Wildes was in the back yard of 105 1/2 Trelaney, looking into the backyard of 103 Trelaney. Wildes was on the PHPD tactical frequency and was listening to the conversation between those team members . Wildes cannot identify team members since they were wearing masks . Wildes observed three tactical team members breaking the rear windows of the house, and throwing gas grenades inside . When they got to the right rear of the house, one of the gas grenade exploded in the officers hand, and it went everywhere . Wildes could hear coughing from inside the house . The wind was not blowing in Wildes direction so he was protected from the effects of the gas . On the left side of the backyard there is a tar-ped off area. Wilds heard a loud explosion (believed it to be a flash bang) go off prior to any shooting. Wildes observed a tactical team member stand up and say, "drop the gun, drop the gun. " Wildes saw a black baretta being raised up and pointed at the house (unknown who was holding it, because his view was blocked) , and heard again "drop the gun, drop the gun" , possibly said by Sgt . Skinner. Then one round went off, from possibly inside the house area. It then appeared that who ever was holding the baretta shot 2-3 rounds . Another single shot was heard then a volley of shots . Wildes was listening to the tactical channel and heard Sgt . Skinner say that the suspect had been shot and had gone down, but that he still had the gun taped to his hand and he was still shooting at them. There was a short period of time when there was no shots being fired, then there was one shot . Someone was yelling "drop the gun,. drop the gun" and "why are you doing this, don' t make us do this . " "Lets see your hands, drop the gun" . Another single shot was fired followed by a large volley of rounds . Over the police radio, Wildes heard Sgt . Skinner request an ambulance . Wildes went around the front of 105 Trelaney, when he heard that they had found an explosive device in the house . I Wildes assisted in getting all police personnel out of the back yard, and all went to the front of the house . No other action taken by Wildes . PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-22 BCS Class : 4100 Disposition: A Page: 1 CASE REPORT =------------------------------- Section - 1 : PC187/664 2 : PC245 3 : PC451 4: Level : F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 : 00 Reporting officer: ( ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS. PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. -_________ --------- NARRATIVE ---------------------------- Z ATTACHED IS D.A. INVESTIGATOR TED SPYROW' S SUPPLEMENTAL REPORT AND INTERVIEWS. RPT# DATE TIME OFC OFC NAME I/T R/T 22 04-17-95 5 5 Reviewed by: Date: S 1 F/U assigned to: Due Date: DISTRICT ATTORNEY'S OFFICE r_0NTK,% COSTA CC'U.1,17:7'" INVESTIGATION REPORT Type of Invest.. Protocol D.A.File No . PHPD 95-2423 Subject/Defendant : Michael Corey _ Supplement No. Copies of Report to : District Attorney = Assistant D.A. Chief Assistant D.A. =Mtz.=Rich.= Spec .Ops . Chief Deputy D.A. Q Deputy D.A. Qi Other Investigation Requested By PHPD Date 4-10-95 Due Assigned by Sr. Insp. John Wasson Date 4-10-95 Investigator Assigned Ted Spyrow- Z �artinez = Rich. Q P.H. Investigation Summary : Suspect: Covey, Michael Roland WMA 10-16-64 103 Trelany Road, Pleasant Hill 94523 Bra Blu 6-04 195 SS#560-053-7956 Witness: Officer John Pratt - Pleasant Hill 94523 Witness: Doyle, Alan Robert WMA 01-17-48 100 Trelany Road, Pleasant Hill 94523 Editorial Writer-Contra Costa Times 2640 Shadelands Drive, Pleasant Hill 94.523 Work #943-8086 Witness: Wilcox Jr. , Robert James WMA 07-26-61 100 Trelany Road, Pleasant Hill 94523 682-3015 U/E Parts Mgr. Witness: Patel, Naran bhai L. , M.D. 2700 Grant Street, Concord 674-2612 Trauma Surgeon - John Muir Hospital 947-5360 Witness: Tolonen, John Lead Tech (Graveyard) Clinical Lab-John Muir Hospital 1601 Ygnacio Valley Road, Walnut Creek 939-300 Ext 3809 Ted Spyrow, Sr. Inspector . 2por- 3 v Date : 4-17-95 name citie Witness: Atayan, Anna RN ER John Muir Hospital, 1601 Ygnacio Valley Road Walnut Creek 939-3000 Ext 5800 Witness: Kilbourn, Sharon RN Neuro ICU-John Muir Hospital, 1601 Ygnacio Valley Road Walnut Creek 939-3000 Ext 3223 Witness: Mourelatos, Jennifer RN Neuro ICU-John Muir Hospital, 1601 Ygnacio Valley Road Walnut Creek 939-3000 Ext 3223 Witness: Sequeira, Julie RN Relief Charge Nurse Neuro ICU-John Muir Hospital, 1601 Ygnacio Valley Road Walnut Creek 939-30100 Ext 3223 Witness: Maiorana, Dana RN Neuro ICU-John Muir Hospital, 1601 Ygnacio Valley Road Walnut Creek 939-3000 Ext 3223 Witness: Officer Tim Jungs - Refer Det. Moor' s suppl. rpt Witness: Lt. Dennis Horrigan - PHPD 671-4600 - . Witness: Officer Todd Clark - PHPD 671-4600 :- itness: Deputy Steve Parsley (ID# 52276) CCCSO MDF 646-4644 "trJ tness Arroyo, Francisco MD 2 /0 ER Physician - John Muir Hospital 1601 Ygnacio Valley Road l Walnut Creek 939-5800 (Treated suspect Covey) Witness: Wilhemy, John MD Orthopedic Surgeon 130 La Casa Via, Ste. 103 , Walnut Creek 932-1090 (Treated suspect Covey) Witness: Bronson, Laurie, Licensed Clinical Social Worker John Muir Hospital, 1501 Ygnacio Val' ev Road Walnut Creek 939-3000 Subject: Covey, Doris 1-209-527-6287 (Suspect' s mother) Subject: Pipentale( ?) , Dorothy 1-209-578=5585 (Suspect' s sister) t -2- Evidence: Item TS-1: Micro cassette of interviews with Robert Wilcox Jr. and Alan Doyle on 4-11-95 Item TS-2: Cassette tape of interviews with suspect Covey, Lt. Dennis Horrigan and officer Todd ClarKon 4-11-95 Tapes will be marked and turned over to PHPD for safekeeping. 4-10-95 1958 hrs Senior Inspector John Wasson called and requested my assistance in a shooting incident involving officers of the PHPD. He explained that officers had attempted to serve a search warrant at a residence and encountered a rale armed with a firearm. When a 1 IS- 4-4ator failed to conv­ nce the male to surrender, a Tactical 1_._ %_ %-W V.A.L.L%_ %-44 J- a J. i. Jo ka Response Team was summoned and deployed. As they prepared to enter the residence, the male (S-Covey) walked out of the house and was ordered to surrender. The male pointed his gun at the officers and fired. members of the Tactical Response Team returned fire and shot the individual. The male was transported to John Muir Hospital in Walnut Creek and was expected to live. Wasson asked me to respond to the scene (Trelany Road and Contra Costa Boulevard) and await assignment. 2026 hrs I arrived at the scene and noted a large number of officers gathered east of 103 Trelany Road. I walked over to DDA Hole and Lt. Simpson' s location and learned that the suspect' s name was Michael Covey and he was reported as a fugitive/escapee from Stanislaus County Sheriff' s Office since 1991. Hole requested we meet at PHPD to brief and coordinate investigator assignments. I left at 2045 hrs and proceeded to PHPD. 2055 hrs I arrived and waited for assignment. Due to the number of officers involved it took a considerable length of time to determine a priority for witness interviews. Photos were taken of all officers in uniform involved in the incident. 2310 hrs We were briefed by DDA Hole and Sgt. Jack Harper. Teams of investigators listed below were created and assignments made. Team I - Sgt. Jack Harper/DDA Bob Hole Team II - Cpl. Doug Thompson/Sr. Insp. John Wasson Team III- Det. Pete Enea/Sr. insp. Tom Leary Team IV - Det. Larry Criner/Sr. Insp. Pat Farrell Team V - Off. John Pratt/Sr. insp. Ted Spyrow We were directed to interview citizen witnesses Alan Doyle, Bob Wilcox and Steve Haack. I was also directed to call John Muir Hospital and do the following: 1) Obtain holds on first drawn blood and urine samples 2) Identify the suspect's condition/injuries 3 ) Projectiles still left in him 4) Identify entry and exit wounds 5) Note on hospital chart to call PHPD if relatives call as it was necessary to speak with them 6) Determine when we can speak to the suspect 7 ) Contact PHPD if other projectiles were recovered during surgery 8) Determine when suspect' s inked FP impressions can be taken 9) Was there anything on the suspect's wrist when he arrived at the hospital 10) When will he be transferred to County Hospital The briefing concluded at 1215 hrs. 4-11-95 0035 hrs Officer Pratt and I contacted Alan Doyle and Robert Wilcox at 100 Trelany Road, directly across the street from the suspect' s residence. The interviews were tape recorded and are summarized below. Mr. Wilcox told us he was working at the Bug Stop at 97 Trelany Road when he noticed numerous police officers on Trelany engaged in a search of a residence located adjacent to the business and across the street from his home. At one point, he allowed two officers wearing black swat gear access to the business' s roof. Later, he heard numerous gun shots, but had no idea what had occurred, until he arrived home around 8: 00 p.m. He could offer nothing further. Term 0045 hrs We next spoke to Alan Doyle who is an editorial writer for the Contra Costa Times. He first became aware of the incident from police reporters at work. Around 5: 30 - 5: 45 p.m. he returned home and discovered Trelany Road closed and police personnel still in the area. Doyle managed to park his vehicle at Grand Auto and make his way to the Bug Stop. Sometime after 7 :00 - 7:15 p.m. , he observed a group of 6-7 members of a special tactics team make their way along the east side of the suspect' s residence and disappear from view. Pounding followed as if they were knocking down a door. Suddenly, two gun shots rang out in quick succession followed by a brief pause and then another shot. He then heard a volley of shots which was followed up with the explosion of a percussion grenade which produced a flash of light and immediate smoke. As officers entered, he could hear partial commands such as, "Put the gun down. Lay the gun down. Put your hands on the floor or show us your hands," or words to that effect. He hear a second voice say, "don' t shoot me again" , or "please don' t shoot me again. " Doyle next noticed two officers dragging a civilian away from the front of the suspect's residence and laid him down in the street where he was treated by medical personnel. After the male was transported from the scene, Doyle took his dog for a walk. Mr. Doyle said it was obvious to anyone watching that the SWAT team members were police officers as the word "POLICE" was visible across the front of their uniforms. He also indicated there . was no evidence of any improper conduct by any officers during the period of time he watched. He does not know his neighbors at 103 Trelany as the number of occupants residing there frequently changes. Term 0103 hrs. Officer Pratt and I returned to the suspect' s residence so he could give the surgically removed projectiles from Covey to a criminalist. As I stood in the open breezeway, I noted a semi-automatic pistol resting on a washer or dryer and copied down the name and serial number (Piertro Beretta SN#581585) to run later. 4-11-95 0122 hrs I called John Muir Hospital and spoke to the treating physician, Dr. Naran bhai Patel. He said Covey was in stable condition after surgery and would be moved to ICU. He said two projectiles had been removed and turned over to Officer Pratt: No projectiles were left in Covey's body and he could see no reason why we couldn' t speak to him later this morning. Dr. Patel declined to answer further questions as he was not sure who I was. 0137 hrs I spoke to John Tolonen, the lead tech in the hospital' s clinical lab and placed a hold on the first drawn blood sample from Covey. I explained that Pleasant Hill police officer would 'contact him later this morning to pick it up. Tolonen said he could not help me with the urine specimen as none had been collected. 0143 hrs I spoke to RN Anna Atayan in ER as she was assigned to Covey when he was brought in. She said he was talking and complaining of pain as he was examined in ER. As the suspect was being transferred to surgery she overheard him say something to the effect he wanted to kill himself. She could offer nothing further. 0150 hrs The Pleasant Hill police dispatcher ran the serial number of the Beretta and reported no record on file. 0200 hrs I contacted Sgt. Ezell and requested he make the necessary arrangements for someone to pick up Covey's blood sample at John Muir Hospital. 0315 hrs I called RN Sharon Kilbourn who was assigned to suspect Covey in Neuro ICU. She said exploratory surgery had been performed and necessary repairs were made to stabilize his condition. She said Covey was coherent and could be seen later in the morning. f . I concluded my work at 0410 hrs and was requested to contact Lt. Simpson in the morning to assist with interviews. 4-11-95 0955 hrs I called Lt. Simpson and was informed that Det. Karen Moore would assist me with scheduled interviews. 1015 hrs DDA Hole asked me to contact S-Covey in the hospital and attempt to interview him. He noted that in the event he invoked to continue to talk to him any way in areas regarding his state of mind and reason of involvement. He said he could be reached on his pager. 1037 hrs I called Neuro ICU at John Muir Hospital and spoke to RN Jennifer Mourelatos regarding Covey' s condition. She said Mr. Covey was in stable condition and noted he had seven gun shot wounds in the following areas: a) right chest mid axilary line b) left posterior hip c) right bicep d) post left elbow e) left hand 5th digit f) second scrotum (right testicle) Mr. Mourelatos said RNs Sharon Kilbourn (graveyard) and Julie Sequeira (relief charge nurse) noted in file that Covey had made statements that he wanted to die and "why don' t your just kill me" in their presence. She also identified the doctors who treated Mr. Covey as Francisco Arroyo (ER) , Naran bhai L. Patel (Trauma) and John Wilhemy (Orthopedic) . 1139 hrs I contacted RN Dana Maiorana in Neuro ICU acid scared that I wished to interview Mr. Covey. She explained talo% he was coherent but may feign to be asleep. She also noted some confusion l� -6- l with the patient' s true name, as he was telling their staff his name was Terry Jones. 1143 hrs Dana Maiorana (RN) and I walked over to Covey' s bed. She told him someone wished to ask him a few questions and wanted him to pay attention. I identified myself and explained that I wished to speak to him about the incident last night, and it would be necessary to advise him of his constitutional rights. As I read his rights to him, he told me he wanted a lawyer and refused to answer any questions. Term 1154 hrs. We returned to the nurses station where I met Lourie Bronson, the hospital' s clinical social worker. Bronson said she had interviewed Covey about 1000 hrs this date. During that interview he said, "why didn' t they left me die?" i Ms. Maiorana said Covey would be moved to Room 481 this afternoon and will notify PHPD if a relative is identified. I also learned that Covey wanted to call "Jeanie" at 680-6889 to check on his children. He had not made the call as of that time. I also documented his medical record #433756 which will-, ,,, assist us at a later ti _ t� 1205 hrs 4 I contacted CCCSO Deputy Steve Parsley ( ID# 52276) who Was assigned to watch him until he was transferred to County, Hospital. Around 1138 hrs, date, he was seated in a chair at the foot of Covey' s hospital bed when the suspect requested to have a phone to make a call. Parsley denied the request and upon hearing `the deputy' s voice, Covey looked at him and said, "I didn' t shoot %at the deputies." Deputy Parsley said Covey has made no statements.,,_._but will include anything he might._say-±n--a`report. 1210 hrs As I was leaving, the suspect' s mother called to check on her son' s condition. Maiorana spoke to his mother, Doris Covey, ( 1-209-527-6287) who explained that she had received a call from her son' s girlfriend, Michelle, who told her about the shooting. She explained that her son' s true name was Michael Covey and that she was aware he had changed his name, but did not know that he had escaped from custody. She said it has been a long time since she has heard from her son, however, planned to drive to the Contra Costa area to pick up the children and care for them until other arrangements could be made. Mrs. Covey also provided me with the name and number of her daughter (Dorothy Pipentale ( ? ) 1-209-5785586) in the event she couldn' t be reached. Term 1213 hrs. 1240 hrs I returned to PHPD to assist with the scheduled I -7- interviews. 1305 hrs I made arrangements with Napa CHP to assist the PHPD in taking aerial photographs at the scene. I was advised they would call back with instructions and time. For details refer to . Det. Moore' s supplemental report. 1230 hrs I participated in a portion of officer Tim Jung' s interview. For complete details refer to Det. Moore's supplemental report. 1421 hrs We next spoke to Lt. Dennis Horrigan. The conversation i.. was tape recorded and will summarized below. At approximately 1330 hrs, he monitored a radio transmission reporting a barricaded subject with a gun at 103 Trelany Road. He subsequently responded as he was the Patrol Bureau Commander, responsible for the Tactical Response Group. Upon arrival, Lt. Simpson requested a TRG team and then assumed the role as the Incident Commander and Horrigan the Tactical Commander. Sgt. Shabazz negotiated with S-Covey who told the officer he had sticks of dynamite taped to him, did not want to come out and did not want to be taken. Later, the suspect agreed to surrender, but failed to do so when Sgt. Shabazz arrived on scene. Because of approaching darkness, Horrigan instructed Sgt. Skinner to develop a plan to get the suspect out of his house. They decided to use tear gas in the rear rooms of the home, hoping to force the suspect out front. The team also received permission to use deadly force if it became necessary. The plan became operational after 1830 hrs under the direction of Sgt. Skinner. Following the gas dispersal and then series of shots, radio traffic reported the suspect was down, but still pointed his weapon at them. He was taken into custody a few minutes later. Fire and ambulance treated Covey for his injuries and then transported him to John Muir Hospital. The University of California Berkeley Bomb Disposal Unit examined the explosive device and reported it to be fake. The device had been created from road flares, wires, tape and a small electronic timer. Lt. Horrigan gathered his team and moved them back to the Command Post; awaiting further instructions. Term 1458 hrs. For complete details refer to tape; evidence item TS-2. -8- �1< 1512 hrs I next spoke to Officer Todd Clark. The interview was recorded and is summarized below. Clark is a member of TRG and was called in for the Covey matter. As he suited up, they were updated on the detail and the assumed an inner perimeter position in the VW yard overlooking the suspect' s residence on the east side. He remained at that location until negotiations broke off and then reassembled at the Command Post. There they were briefed on an operational plan which called for the insertion of CS gas in the three rear windows of the residence, hoping to force the suspect into the front yard where an arrest team would be waiting. Team members were told to back off in the event the suspect came out with the explosives. As the team entered' the suspect' s backyard via the NE corner, they successfully deployed the first two canisters into the residence. As the reached the SW window, Officer Thomas went to insert the canister, wever, it exploded in his hand for some unknown reason: Clark. sa d the blast forced them back and both landed on their buttocks. either person could see because of the gas, therefore, backe up and crouched down behind his ballistic shield. A few se s passed when they began to hear shots. Both continued alo�rg the west side and moved to a cover position behind a parked car. Meanwhile, he heard a series of rapid shots and Sgt. Skinner say, "Why did you make me do that?" Unintelligible conversation followed as__iid._ more gun s .-fie then monitored_asadio--transmission by Skinner` o G channe� indica`Eing the suspect was trying to co suicide by officers. Fire was then reported in the house. he suspect was physically /dra e from the front of the house by the arrest team and into th ( s et. —----- cor 'o er manTalso rep r c� seeing a bomb on a bed in the suspect' s residence which EOD addressed. He could offer nothing Ji further. Term 1530 hrs. For complete details refer to tape recording, evidence item TS-2. I concluded at 1620 hrs as no other officers were available for interview. PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-23 BCS Class : 4100 Disposition: A Page : 1 CASE REPORT -------------------------------- -------- -------------------------------- Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level: F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 :00 Reporting officer: ( ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS. PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. ------------------------------- NARRATIVE _____-------------------_________ ----------- --------------- ------------------- �.. ATTACHED IS D.A. SENIOR INSPECTOR JOHN WASSON- S SUPPLEMENTAL REPORT. l RPT# DATE TIME OFC OFC NAME I/T R/T ---- ---- ---- --- -------- --- --- 23 04-18-95 5 5 Reviewed by: Date : 7 �r i F/U assigned to: Due Date : PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-24 BCS Class: 4100 Disposition: A Page: 1 CASE REPORT Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level : F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 :00 Reporting officer: ( ) SYNOPSIS 314/.SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS. PG&E CALLED FOR. SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. ------------------------------- NARRATIVE ----------------------- -_ ' '' ATTACHED IS THE SUPPLEMENTAL REPORT FROM UNIVERSITY OF C._�IFORNIA POLICE DEPARTMENT BERKELEY. RPT# DATE TIME OFC OFC NAME I/T R/T 24 05-18-95 5 5 Reviewed by: Date: F/U assigned to: Due Date: CONTINUATION REPORT UNIVERSITY OF CALIFORNIA 2.CASE NUMBER POLICE DEPARTMENT 95-01901 1.0 INCIDENT REPORT BERKELEY 0.A. PLEASANT ILL 95-2423 0 CRIME REPORT 0 ARREST REPORT CA 0019700 3. PAGE 1 OF 1 4.TYPE REPORT 5.CODE SECTION/DESCRIPTION6.CRIME 0 ORIGINAL 'SUPPLEMENT HOAX DEVICE 7. INCIDENT 8. INCIDENT LOCATION 9.ADDL.NAMES ATTACHED 0A7�i/10 95rIME 1700 hrs. 103 Trelany Road, Pleasant Hill, Ca. X&ES E2NO 10. NARRATIVE SUSPECT: COVEY, Michael R. D.Q.B. 10-16-64 103 Trelany Road, Pleasant Hill, Ca. DEVICE: The device consisted of two red road flares attached to a silver colored can- ister (about 4" long and 2" in diameter). There was a small (about 2" by 3") electronic circuit board attached by two wires from the canister. The board was attached to a small battery (9 Volt) with more wires. The hoax device was wrapped in black electrical tape. The device was turned over to Ofc. Terry Forman, #283. { kRR. At about 1700 hrs. 4/10/95, I was detailed to assist Pleasant _Hill__P.D...__with, a case in which a barricaded suspect told police-negotiafors that he had wired Z . explosives to his chest. The suspect also told police negotiators that he was wil ing°"to­.-come out but that _he-.couldn't figure out how to take the explosives off. When I arrived, I was met and briefed by Lt. Horgan and Lt. Simpson. et. Thiel had already arrived and Captain Foley arrived a short time later. We stood by until the suspect was taken into custody and we were called to investigate a suspected device on the suspect's bed in the house. Det. Thi 1 and I examined and collected the hoax device and turned it over to Ofe. Terry Foreman, #283. Det. Thiel did a cursory search of the rest of the residence with negative results. Nothing Further. 1 11. COPIES TO: DETECTIVES r PATROL C:DISTRICT ATTNY. a RISK MGT. 0 E.H&S J THER P-HP-D- C3 OTHER 12. REPORTING OFFICER13. OATS AND TIME 14. APPROVING SUPERVISOR 15. DATE B. A. Buchanan, Sgt. S-1 4/11/95 1500 hrs. of Fo�.a:5 on) PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-25 BCS Class: 4100 Disposition: A Page : 1 ------------------------------- CASE REPORT --------=------------- Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level : F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 :00 Reporting officer: ( ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS . PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. NARRATIVE ____________________-____________ T - ' ATTACHED IS THE SUPPLEMENTAL REPORT FROM THE CONTRA COSTA C*�a-JNTY FIRE INVESTIGATION UNIT. i RPT# DATE TIME OFC OFC NAME I/T R/T 25 05-17-95 5 5 Reviewed by: Date : F/U assigned to: Due Date : PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-26 BCS Class: 4100 Disposition: A Page: 1 ------------------------------- CASE REPORT ---------------------------- Section - 1 : PC'187/664 2 : PC245 3: PC451 4: Level: F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 :00 Reporting officer: ( ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS . PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. NARRATIVE ----------- ---------__________- ?.... ATTACHED IS THE CONTRA COSTA COUNTY SHERIFF' S OFFICE NARCOTICS 61ERATION PLAN. RPT## DATE TIME OFC OFC NAME I/T R/T 26 05-17-95 5 5 Reviewed by: Date : F/U assigned to: Due Date : PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class: ASLA Disposition: C Case Number: C95-002423-27 BCS Class: 4100 Disposition: A Page: 1 CASE REPORT Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level : F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13:00 Reporting officer: SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS. PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. NARRATIVE ATTACHED ARE COPIES OF THE RESULTS OF TESTING DONE BY THE CCCSO Cl-,IME LAB. RPT# DATE TIME OFC OFC NAME I/T R/T ---- ---- --- -------- --- --- 27 05-17-95 5 5 Reviewed by: Date: F/U assigned to: Due Date : PLEASANT HILL PD PLEASANT HILL, CALIFORNIA" FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-28 BCS Class : 4100 Disposition: A Page: 1 CASE REPORT ---------- -Section -- 1 : PC1,87/664 2 : PC245 3: PC451 4 : Level: F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 :00 Reporting officer: ( ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS. PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64. TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. ------------------------------- NARRATIVE ---------------------------- ATTACHED IS A COPY OF THE NOTE THAT WAS LEFT BY SUSPECT COVEY..2E WAS LOCATED BY THE CRIME LAB. RPT# DATE TIME OFC OFC NAME I/T R/T 28 05-17-95 5 5 Reviewed by: Date : F/U assigned to: Due Date: PLEASAN-YEHCLL•POLICE:DEPARTMENT'� ►oo OM arrativ Suppierri®ntiRepo6Z1=460' Case �- ; .. VICTIM: SUSPECT: PH CLASS: GRIL C � A !Yl 9 E4U5g, A -21 Li (AUG 7 K ICooy to: Date Ofc. IT PH Dispo Processed PG of Page NIASfell wio ~ 7� CONTRA COSTA COUNTY FIRE INVESTIGATION UNIT aMISO 95 - ir S'v b FELONY 04'+ T pSTRICT rECIDErr N• CgME/iyp6S6iCaTON ❑INFRAC CCL, 95 - �rTZ �- ,��a��'T �� t -r 'r � ❑INFO ONLY !v ls!5 l -�8� ..A.�Y � GoE„�TN 0 EST.1 lOii'70TGU L :aA ;M OF FRE(611 C►YSE OR FRE(06( i INVOLVED CODING: ARR I INV/OWN /RP/SUS /RES /VIC/WIT MORE NAMES ON PERSONS BACK ❑ :ON LAST FIRST MIDDLE RACE SEX O.O.S. NAME CGgF--f K Ito o6—&4 i ADDRESS STREET CITY STATE NOME PHONE w43"PHONE HOT. WT. NAR EYES O.L `P .DOE NAME `AST FIRST MIDDLE I RACE LEX O.O.S. ADDRESS M MSER STREET CITY STATE I NOME►NONE .YORK►NONE .i- WT. NAR EYES ( 1 ( I :00c ` NAME LAST F6KT MIDDLE RACE SEX D.G.S. ADDRESS rArM6ER STREET CITY ( STATE i HOME ) WORKPHONE NOT. WT. NAN EYES1-- - I I I I � UARRATIVE: NU�nGA<T CAL I f 1 i i i i I CONTINUED ON BACK ❑ I i �YEL i7D/70R f OAT: NEVIi.WEO 8Y OA TE Gt� �ri 1 h i 4ZZ 'RTHER r/ COPIES TO---NAME AND AGENCY: YES )ONO F7 +-4?D ❑ T -t t•90 Case # 95-10150 103 Trelany Road, Pleasant Hill 4-10-95 Page ` of 4 INVESTIGATION REPORT On 4-11-95 1 was assigned to investigate an incident that had occurred the previous day at 103 Trelany Road in Pleasant Hill. I arrived at 12:57 pm and met with Deputy District Attorney Bob Hole. Hole described to me the situation that had occurred at the address on 41, 10-95. Pleasant Hill PD had dealt with a subject who hada arricaded himself in the house for several hours. Tactical entry into the structure was attempted about2 00'pmoonn that date. As part of the tactical entry PHPD deployed canisters of CS tear gas into the structure via broke u.�vindows.aThe a ed subject was the oott� - -_j outside the structur�As-officers a ten red the structure via a side door they discovered a fire : burning in an a*i/st inside that door. Following extinguishment of that fire by sup re ion z� personnel, other areas that appeared to have been damaged by fire were discovered. Hole ;_ asked me to determine the cause of the fires. ;Q� V% I examined the scene and found two areas of the structure that were burned at floor lir level. I also found a small area on the vertical surface of a mirror that appeared to have sustained a moderate amount of heat. �Z The first burned area I examined was on the floor, primarily in an entry/laundry room i area. The burned area covered approximately 7-9 square feet, extending partially into the Sr adjacent bedroom. At the outer edge of the burned area within the laundry/entry area 1 notices two 5 gallon cylinders commonly used for propane. The fire appears to have actually caused minor fire damage to one of the cylinders. The majority of the floor was covered with a linoleum, and the bedroom with a carpet. Both flooring products were charred. The damage - to the floor is a distinct pattern that occurs when a flammable liquid is a plied to a surface_and ot-f ear patte _ allowed to bum. In the middle of the burned area is a an� rn that ppears to have occurred when the floor was protected during the fire. Criminalist Richard Schoor told me he had recovered a burned qu44 f 'acetone' from that portion of the floor. I examined the can and observed the damage to be consistent with the presence of the can in the ed area of the floor during the fire. I could find no sources of ignition within i umed area. The second burned ar I examined warms—wii �in-the bedroom adjacent to the laundry/entry ar This also rnv ved the.-#lo 2S rcausing damage to the carpet. The area involved is out 1 square foot. ithn the burned area I found a substantial amount of ash commonly a ociated with"bu d paper. I also found pieces of partially burned paper and similar pieces o er rued and crumpled in a lengthwise manner, as if to use in starting a fire. i also observed burned and unburned matches in this area. There are no other sources of ignition in this area other than the matches. The third area I examined was on the large mirror mounted vertically on the wall behind the bed in the same bedroom. This area is not actually fire damaged, but rather Rpt Ofc: D.Valentin #42250 4-12-95 '1 Case # 95-10150 103 Trelany Road, Pleasant Hill 410-95 Page 3 of appears to have been scorched by an external heat source. Upon the bed I found a pillow that had two scorched areas also.�Schoor and I placed the CS canister that he.recovered___ from the room upon the piilo The two scorched areas matched the two points where t CS is expelled from the canister. Afthqugh the pillow was not next to the mirror when I fo" "Id it, the damage I observed appeared cons nt-w+th-t a canister and pillow both bei next to the `" mirror at the time the CS was being expelled. I also ex thi er sources of ignition likely to have caused the damage observed and could find none. / I examined the CS canister and did not find it was the cause of either of the othe o fires in the structure. It is this officers"opinion that fires 1 and 2 were deliberately set using acetone and an open flaqfa in fire 1 and crumpled paper and matches in fire-2. to--3-does-not-appear to actually;be a fire, but rather scorching resulting from the CS gas expelled from a canister deployed._by PHPD. There is no actual damage to the structure-resulting from the deployed canister. r... . l Rpt Ofc: D.Valentin #42250 4-12-95 Case # 95-10150 103 Trelany Road, Pleasant Hili 4-10-95 Page of PHOTO LOG 1. Fire 1 from near entrance door 2. Fire 1 from same area 3. Scorched pillow 4. Fire 2 5. Fire 2 6. Fire 1 with acetone can 7. Scorch marks on mirror 8. Scorched pillow with cannister in place 9. Same as 8 10. Same as 7 Rpt Ofc: D.Valentin ;x42250 412-95 APR 14 '95 15=01 CONTRA COSTA CO. FPD 510 9305592 P.3 CONTRA COSTA COUNTY FIRE DEPT./07090 INCIDENT 95008885-000 PAGE NO. 7 UNIT/STAFF SUPPLEMENT 6 STAFF 36099/GESNER RONALD E' ACTION 31/Haz-Mat; gas, vapor, mist AMOUNT 0.00 7 STAFF 31055/GLAHOLT STEPHEN 91 ACTION 31/Haz-Mat; gas, vapor, mist AMOUNT 0.00 t 8 STAFF 37277/HICKEY JOSEPH cl ACTION 31/Haz-Mat; gas, vapor, mist- AMOUNT istAMOUNT 0.00 9 STAFF 26667/HESS WILLIAM EJO ACTION 00/No apparent hazardous exposure AMOUNT 0. 00 1v STAFF 38644/FISCHER THOMAS E 1c) ACTION 00/No apparent hazardous exposure AMOUNT 0.00 11 STAFF 46918/MANZO LOUIS ESO ACTION 00/No apparent hazardous exposure AMOUNT 0. 00 APR 14 195 15:01 CONTRA COSTA CO. FPD 510 9305592 P.2 CONTRA COSTA COUNTY FIRE DEPT./07090 INCIDENT 95008885-000 PAGE NO. 6 UNIT/STAFF SUPPLEMENT 1 UNIT E05/Engine 05 RESPONSE 94/STAGED MILEAGE 0 TIMES: DISPATCH ROLLOUT ARRIVAL BACK IN COMPLETION 1425 1426 1431 0000 2121 MINUTES: REACTION ENROUTE OUT SVC TOTAL 1 5 0 416 2 UNIT EOl/Engine 01 RESPONSE 94/STAGED MILEAGE 0 TIMES: DISPATCH ROLLOUT ARRIVAL BACK IN COMPLETION 1824 1828 1838 0000 2121 MINUTES: REACTION ENROUTE OUT SVC TOTAL 4 10 0 177 J UNIT E10/Engine 10 RESPONSE 94/STAGED MILEAGE 0 TIMES: DISPATCH ROLLOUT ARRIVAL BACK IN COMPLETION 1905 1906 1908 0000 2121 MINUTES: REACTION ENROUTE OUT SVC TOTAL 1 2 0 136 4 UNIT BCO2/Battalion 02 RESPONSE 93/ICS FUNCTION MILEAGE 0 TIMES: DISPATCH ROLLOUT ARRIVAL BACK IN COMPLETION 1905 1908 1932 0000 2121 MINUTES: REACTION ENROUTE OUT SVC TOTAL 3 24 0 136 t. STAFF 34546/DALTON RONALD E--57 ACTION 31/Haz-Mat; gas, vapor, mist AMOUNT 0.00 2 STAFF 33776/NUNES LAWRENCE ACTION 31/Haz-Mat; gas, vapor, mist AMOUNT 0.00 3 STAFF 41019/AVINA ROBERT ACTION 31/Haz-Mat; gas, vapor, mist AMOUNT 0.00 4 STAFF 40084/PETERSON DARIN �5 ACTION 31/Haz-Mat; gas, vapor, mist AMOUNT 0.00 Il 5 STAFF 25113/WALKER CLARK sk ACTION 31/Haz-Mat; gas, vapor, mist AMOUNT 0.00 CONTINUED. . . APR 14 195 15:00 CONTRA COSTA CO. FPD 510 9305592 P.1 FAX DELIVERY _ TOTAL PAGES INCLUDING THIS COVER SHEET TO: ATTN: FAX #: _ / --7 'S"2 FROM: viLZt.J Vi c�e .Le L&-> ,<,< � TEL #: 9—f>40 — -UE ' I '1 Contra Costa County Fire Protection District Administrative Offices 2010 Geary Road Pleasant Hill, CA 94523-4694 Business # (510) 930-5500; FAX # (510) 930-5592 SUBJECT: 2G. 9s"-- $$$5, DATE: 44 ( S CON(MEN'TS: Should you have any problems receiving the facsimile, please call (510) 930-5500. FAX #" s (510) 930-5592 Administrative/Fire Prevention (510) 930-5593 Communications Center (510) 685-8516 Training Center/Apparatus Shop/Supply EQUIPMENT: Ricoh Model FAX2000L Automatic Answer ADM.011 11/92 CONTRA COSTA COUNTY SHERIFF'S OFFICE NARCOTICS OPERATION PLAN Case Agent:.. . Q0N3G 2 Case File C: Superi ior. \L40 l_S Date: Assisting Agencies Type of Operation 1) Surveillance 2) Search Warrant 3) Buy Bust El i . 4). . Other Location of Operation: TL7 2) 3) synopsis of lnvestioaticn/Object v D 0 M f�Z Qr L Suspect #: Name- L D.O.B : Address: Sex: Nz-\ Race: � Hgt: Wgt: . ?J 0 Hair: Eyes: Lel Vehicle Description: Make: PN Year: 4._ Model: Type: Color: W3A Additional: Criminal History / Comments: �� . Suspect #: SUSPECTS n Name: f D.O.B.: Address: vr Sex: Race: Hgt: Wgt: Hair: Eyes: Vehicle Description: Make: Year: Model: TYPe: Color: Additional: Criminal History / Comments: PERSONNEL ASSIGNMENTS Name Vehicle Cell Phone# Pager# Assignment 2. 4. 6., ) 7. �4 HT1 S S 9. 10. E Feld Meet Location: Radio Communications: Bust Signals: Verbal c Visual �-- Pager Signals: 1199 -Danger,clear area 21 -Call Team Leader 01 -Bad wire i HOSPITAL INFORMATION John Muir Hospital 1601 Ygnwio Valley Rd.,Walnut Creek 939-3001 Mt.Diablo Hospital 2540 East Street, Concord 682-8200 Merrithew Hospital 2500 Alhambra Avenue,Martinez 370-5000 Los Medanos Hospital 2311 Loveridge Road,Pittsburg 432-2200 Brookside Hospital 2000 Vale Road,San Pablo 235-7006 Other. Contingency Plan/Comments: _44 i;::-� +�L —4.Y t o �1t�4t N S l-{o c'7':(— �"' :, C � � .:r�.•: ..� � � ;. .f y ._� �.r i � .r u� !• i N •7• .�* �t�r 6 f f� �'• j� x ^',f� � Y ��, t•`•.: •�i' • ._�; ' II 1 19oZ 'Q,r t: to Z.i it GR�6o�Y )LANE r-- /A0 24 1,20 16 12 O 2077 Q d fl4 v 2126 c 0104102o St3 2099 2130 cr{ raF `tiNY R 040 5ee 3s CL H 01 g 5P`�' _ 0 05143; BOG 2101 v r ,00 Z 101 . r, 140 2200 1 57 �KrARRY 10.2 105 loo �• 29 125 93 97 651 53 5 . 9f 1271 123i 0995 99 1 ;' 0 140 y 1861 76 56 ` 1 i 64 VO 111 M0 N 0 M E N I C.LAZF►. 1 , w �01a��t '711 47t 5� , 2263 ! , -� 81 �� 7 2265 ,2300 r3 97 i ! 7*he i 85 } 2371 2373 A's 2375 y lC 2377 I : 20 L Of,39i5 3321 17 2379 00 ..,,i[;... .. ... ..._ _ __.ra - twLiiiff...SiK..:..._ ...•.�.s::.+.Sk... .» - ._. ..«asi.,r.. CONTRA COSTA COUNTY SHERIFF'S OFFICE NARCOTICS OPERATION PLAN Case Agent:: (2C)QG�2. Case File #: �—.._.._._ Superiisor , l 1_._S Date: -tom Assisting Agencies Type of Operation 1) Surveillance r 2) Search Warrant 3) Buy Bust 4). . Other Location of Operation: 2) 3} ; c. opsis of investicaticri bfe ivCt :�`�"" � J 17)d S- -- MCL- _lid� 10Q : 1�1�� ,.: ... SUSPECTS -Suspect #: t Name* \J &'A 1 A t C. D.O.B Address: Sex: rl�Race: �^J Hgt: Wgt: t 0 Hair. Eyes: E�7 Vehicle Description: Make: . Year Model: V', Type: Color. U4 Additional: Criminal History ! Comments: SUSPECTS Suspect #: Name: D.C .B.: Address: Sex: Race: Hgt: Wgt: Hair: Eyes: Vehicle Description: Make: Year: _ Model: Type: -Color: / Additional: Criminal History i Comments: PERSONNEL ASSIGNMENTS Name Vehicle Cell Phone# Pager# Assignment 1. Id A `1 2. 4. MXL a i4 5.."bQ C - 6., ) 7.. 9. 1_,a) t 10. t3lj C l Feld Meet Looccation \� TZ. Radio Communications: Bust Signals: Verbal cam- Visual �- Pager Signals: 1199 -Danger,clear area 21 -Call Team Leader 01 -Bad wire HOSPUAL INFORMATION John Muir Hospital 1601 Ygnacio Valley Rd.,Walnut Creek 939-3001 Mt.Diablo Hospital 2540 East Street, Concord 682-8200 Merrithew Hospital 2500 Alhambra Avenue,Martinez 370-5000 Los Medanos Hospital 2311 Loveridge Road,Pittsburg 432-2200 Brookside Hospital 2000 Vale Road,San Pablo 235-7006 Other. Contingency Plan/Comments: <6�vs t • -;�-���t o N�4�N S t-��ctiL_ P M4(V" r ki CC),U 'Z77- 1 t for— t99t 8Y .r-' o cowsrtvlE oA ro<, MA p 4A CONl1Ntt4rjoN 5E£ �' Ewe `"<\�• FOR i n Z n•.� M \ o� 1(�c �I�I ' " y •ffY1 a(r t v''y r1 � �E w R • 'x 1►1.�} � t1 ♦ 4�/4 ii rt o+'.;t io' �.t ✓r: rt`w cir�r•. 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'� P. ry r of�j,c.• kite Jhq •. � O•L • 5 "\V\\\VVV ,'4}• �ao`t, 1+1~t s.rr• » •�OSE� ►AV _ �r 1 yq s0"11 a ` a •ai •��_ :. �. Aak _ � � e�y j Z. or `o'w �, f'� :F"✓':Y- � pros:,.w / �OJ ! •. r*'I i�q+� op°go`f'o,9,r`�� `.r' -t i.ry /'; '•'"'� o^ t.► d��� ♦ Cr ar^ ,,a Do+�t ql�"'� ,;'rr'1, p,> / Q Q� ,,,,,..� � aaa,�e cl .i' �,,... ,p; �f•,. ;t:% --"`.''ter",`.' . 4 a J CRIMINALISTICS LABORATORY DIVISION Sheriff-Coroner Department Contra Costa County BLOOD ALCOHOL REPORT Laboratory No. : 95-02830-B Submitting Agency: PLEASANT HILL POLICE DEPART. Case No. : 95-02423 Offense : 187/664 PC Requested by:HARPER Incident Date : 4/10/95 Incident Time : Test Subject MICHAEL COVEY TEST RESULTS 103 TRELANY . Negative Blood Alcohol PLEASANT HILL, CA. 94523 Remarks: HOSPITAL BLOOD SAMPLE COLLECTION l .)cation Collected : JOHN MUIR HOSP Location Date : 4/11/95 Collection Time : Collected or Witnessed by : EVIDENCE TO LABORATORY Delivered Date : 4/11/95 Case Type : ASSAULT 245 PC Delivered by : RENSHAW Container No. : 5813 Conditions : SEALED Method of Receipt: DELIVERED ANALYSIS Blood Remarks : HOSPITAL BLOOD Check if Applicable R Non-CCCSO Container Date Acquired : 4/11/95 Analyst: Barosso, M. I certify, under penalty of perjury,under the laws of the State of California,that the above blood/urine analysis was performed during the regular course of my duties, and is a true and correct copy thereof. 1 further certify that I am qualified to perform these analyses pursuant to Title 17 of the California Code of Regulations,and that the equipment used in arriving at the results was in proper working order at the time I performed this analysis. Analyst Signatures%�/c � Title: Forensic Toxicologist Executed in Martinez, Contra Costa County, California Date: 11.Z CRIMINALISTICS LABORATORY DIVISION Sheriff-Coroner Department Contra Costa County BLOOD ALCOHOL REPORT Laboratory No. : 95-02830-1 Submitting Agency : PLEASANT HILL POLICE DEPART. Case No. : 95-02423 Offense : Requested by:HARPER Incident Date : 4/10/95 Incident Time : 1915 Test Subject ROBERT LAUDERDALE TEST RESULTS Negative Blood Alcohol Remarks : CONFIDENTIAL _ SAMPLE COLLECTION .cation Collected : PLEASANT HILL PD Location Date : 4/10/95 Collection Time : 2140 Collected or Witnessed by: BONNET EVIDENCE TO LABORATORY Delivered Date : 4/11/95 Case Type : ASSAULT 245 PC Delivered by: RENSHAW Container No. : 7091 Conditions : SEALED Method of Receipt: DELIVERED ANALYSIS 'pe : Blood `O Remarks: CONFIDENTIAL Date Acquired : 4/11/95 Analyst: Barosso,M. I certify,under penalty of perjury,under the laws of the State of California,that the above blood/urine analysis was performed during the regular course of my duties, and is a true and correct copy thereof. I further certify that I am qualified to perform these analyses pursuant to Title 17 of the California Code of Regulations,and that the equipment used in arriving at the results was in proper working order at the time I performed this analysis. Analyst Signature�,��>4E�'._ Title: Forensic Toxicoloaist Executed in Martinez, Contra Costa County, California Date: 1. ' DECLARATION 6�J/`�7-- under penalty of perjury says: (Print Name) I am employed b k-.O— VY in the capacity checked below: ❑ physician ❑ clinical laboratory bioanalyst registered nurse ❑ phlebotomist /❑ licensed vocational nurse ❑ certified paramedic ❑ licensed clinical laboratory technologist On//this date I took blood from a person identified to me as the defendant. I cleaned the area to be punctured with the non-alcoholic disinfectant, included in the Contra Costa County Criminalistics Laboratory blood withdrawal kit. Using the sterilized needle and holder from the kit, I inserted the needle into the defendant's vein and withdrew enough blood to fill the two vacuum vials. I discarded the needle, holder and disinfectant and shook the vials thoroughly to prevent the blood from clotting. The vials of blood were labelled with the full name of the defendant, the date and time of with- drawal and I placed my initials on the label. I gave the vials to the officer who accompanied the defendant, and I observed the officer seal the top of each vial with a label seal and place his initials on the seal and on the label of each vial. ._ The sample(s) was/were taken in a medically approved manner. I declare under penalty of perjury that the foregoing is true and correct. 7 1 // / ltom- 1�//1 �! Dated: D/ at California. (Signature of Declarant) To be completed by person collecting blood. (WHITE COPY) DISTRICT ATTORNEY'S COPY-PLEASE RETURN TO THE BLOOD WITHDRAWAL KIT (YELLOW COPY) POLICE AGENCY'S COPY-PLEASE DETACH AND MAINTAIN FOR YOUR RECORDS (PINK COPY) COPY FOR PERSON MAKING BLOOD WITHDRAWAL-PLEASE DETACH AND MAINTAIN FOR YOUR RECORDS (GOLDENROD COPY) LABORATORY'S COPY-PLEASE RETURN TO THE BLOOD WITHDRAWAL KIT CRIMINALISTICS LABORATORY DIVISION Sheriff-Coroner Department Contra Costa County BLOOD ALCOHOL REPORT Laboratory No. : 95-02830-D Submitting Agency: PLEASANT HILL POLICE DEPART. Case No. : 95-02423 Offense : Requested by:HARPER Incident Date : 4/10/95 Incident Time : 1915 Test Subject TERRY FOREMAN TEST RESULTS Negative Blood Alcohol Remarks : CONFIDENTIAL SAMPLE COLLECTION _ocation Collected : PLEASANT HILL PD Location Date : 4/10/95 Collection Time : 2130 Collected or Witnessed by : BONNET EVIDENCE TO LABORATORY Delivered Date : 4/11/95 Case Type : ASSAULT 245 PC Delivered by: RENSHAW Container No. : 7112 Conditions : SEALED Method of Receipt: DELIVERED ANALYSIS pe : Blood emarks : CONFIDENTIAL Date Acquired : 4/11/95 Analyst: Barosso, M. I certify,under penalty of perjury,under the laws of the State of California,that the above blood/urine analysis was performed during the regular course of my duties, and is a true and correct copy thereof. I further certify that I am qualified to perform these analyses pursuant to Title 17 of the Califomia Code of Regulations,and that the equipment used in arriving at the results was in proper working order at the time I performed this analysis. ii Analyst Signature /2n�r Title: Forensic Toxicologist Executed in Martinez, Contra Costa County, California Date: l/ DECLARATION under penalty of perjury says: (Print Name) I am employed by rT in the capacity checked below: ❑ physician ❑ clinical laboratory bioanalyst registered nurse ❑ phlebotomist ❑ licensed vocational nurse ❑ certified paramedic ❑ licensed clinical laboratory technologist On this date I took blood from a erso��n identified to me as n ► Q 1✓//� the defendant. I cleaned the area to be punctured with the non-alcoholic disinfectant, included in the Contra Costa County Criminalistics Laboratory blood withdrawal kit. Using the sterilized needle and holder from the kit, I inserted the needle into the defendant's vein and withdrew enough blood to fill the two vacuum vials. I discarded the needle, holder and disinfectant and shook the vials thoroughly to prevent the blood from clotting. The vials of blood were labelled with the full name of the defendant, the date and time of with- drawal and I placed my initials on the label. I gave the vials to the officer who accompanied the defendant, and I observed the officer seal the top of each vial with a label seal and place his initials on the seal and on the label of each vial. The sample(s) was/were taken in a medically approved manner. I declare under penalty of perjury that the foregoing is true and correct. Dated: at at l California. (Signature of DeUarant) To be completed by person collecting blood. G� -� '�" ZI (WHITE COPY) DISTRICT ATTORNEY'S COPY-PLEASE RETURN TO THE BLOOD WITHORAWAL KIT (YELLOW COPY) POLICE AGENCY'S COPY-PLEASE DETACH AND MAINTAIN FOR YOUR RECORDS (PINK COPY) COPY FOR PERSON MAKING BLOOD WITHDRAWAL-PLEASE DETACH AND MAINTAIN FOR YOUR RECORDS (GOLDENROD COPY) LABORATORY'S COPY-PLEASE RETURN TO THE BLOOD WITHDRAWAL KIT CRIMINALISTICS LABORATORY DIVISION Sheriff-Coroner Department Contra Costa County BLOOD ALCOHOL REPORT Laboratory No. : 95-02830-C Submitting Agency: PLEASANT HILL POLICE DEPART. Case No. : 95-02423 Offense : Requested by:HARPER Incident Date : 4/10/95 Incident Time : 1915 Test Subject PAUL SKINNER TEST RESULTS Negative Blood Alcohol 5 Remrk:: CONFIDEINNTIAIL SAMPLE COLLECTION _ocation Collected : PLEASANT HILL PD Location Date : 4/10/95 Collection Time : Collected or Witnessed by: BONNET EVIDENCE TO LABORATORY Delivered Date : 4/11/95 Case Type : ASSAULT 245 PC Delivered by: RENSHAW Container No. : 7088 Conditions : SEALED Method of Receipt DELIVERED ANALYSIS ;pe • Blood Re arks : CONFIDENTIAL Date Acquired : 4/11/95 Analyst: Barosso, M. I certify,under penalty of perjury,under the laws of the state of California,that the above blood/urine analysis was performed during the regular course of my duties, and is a true and correct copy thereof. I further certify that I am qualified to perform these analyses pursuant to Title 17 of the California Code of Regulations,and that the equipment used in arriving at the results was in proper woridng order at the time I performed this analysis. Analyst Signatur�i:/�� Title: Forensic Toxicologist Executed in Martinez, Contra Costa County, California Date: j111 DECLARATION } l k under penalty of perjury says: (Print Name) q I am employed by in the capacity checked below: ❑ physician ❑ clinical laboratory bioanalyst ` C4registered nurse ❑ phlebotomist ❑ licensed vocational nurse ❑ certified paramedic ❑ licensed clinical laboratory technologist On this da I took blood from,(aa perso/n� identified to me as the defendant. I cleaned the area to be punctured with the non-alcoholic disinfectant, included in the Contra Costa County Criminalistics Laboratory blood withdrawal kit. Using the sterilized needle and holder from the kit, I inserted the needle into the defendant's vein and withdrew enough blood to fill the two vacuum vials. I discarded the needle, holder and disinfectant and shook the vials thoroughly to prevent the blood from clotting. The vials of blood were labelled with the full name of the defendant, the date and time of with- drawal and I placed my initials on the label. I gave the vials to the officer who accompanied the defendant, and I observed the officer seal the top of each vial with a label seal and place his initials on the seat and on the label of each vial. The sample(s) was/were taken in a medically approved manner. I declare under penalty of perjury that the foregoing is true and correct. Dated: r at ` ` Lj C( California. (Signature of Dedarant) To be completed by person collecting blood. (WHITE COPY) DISTRICT ATTORNEY'S COPY-PLEASE RETURN TO THE BLOOD WITHDRAWAL KIT (YELLOW!COPY) POLICE AGENCY'S COPY-PLEASE DETACH AND MAINTAIN FOR YOUR RECORDS (PINK COPY) COPY FOR PERSON MAKING BLOOD WITHDRAWAL-PLEASE DETACH AND MAINTAIN FOR YOUR RECORDS (GOLDENROD COPY) LABORATORY'S COPY-PLEASE RETURN TO THE BLOOD WITHDRAWAL KIT CRUAINALISTICS LABORATORY OJVJSJON Shentf-Coroner's Depanment Contra Costa County REPORT OF LABORATORY EXAMINATION Labora-.Cry-'4urriter Offense(s) Datefs)Examined 95-02830-H Assault 4/12 18/95 Requesting Agency Case Num'"V Examination Requested By Date of Request L bore. Pleasant Hill P.D. 95-02423 4/11/95, Har per Comptainant(si Suspects) Foreman, Terry t A:r 'NOT FZ-q DESCRIPTION OF PVI_DENCE: The evidence was brought to the laboratory by Community Services Aide Renshaw on 4/11/95 . One blood kit, #7112 , containing a sample from Foreman, Terry. SUMMARY/EXAMINATION: The sample was analyzed for: Amphetamine/Methamphetamine Barbiturates Benzodiazepines Cocaine and Cocaine Metabolite Opiates None of the above substances were detected. WSClhs 4/21/95 Signal pa Distribution: APR 2 1 1995 Reported By&Ttae 1 - Pleasant Hill PD Warren S . Cohen, Foreaa' c Toxicologist I - Fil e Approved By Supervising Crtm(na,— For Ae!oit,onaj fn!orrnavon Ca t: 313-2800 CRIMINALISTICS LABORATORY DIVISION Sheriff-Coroner*s Oepartment Contra Costa County REPORT OF LABORATORY EXAMINATION Labora-c!*y Nurnter Oftense(s) Oate(s)Exam -- 95-02830-E Assault 4/12 '18/95 Reouestin-2 Agency&C3$e Number pate of Request Examination Req es Pleasant Hill PD 95-02423 4/11/95 Harper Complainant(s) Suspect(s) Lauderdale., Robert NOT FOR oil'STRIBUTION DESCRIPTION OF EVIDENCE: 4��01- The evidence was brought to the laboratory by Community Services Officer Renshaw on 4/11/95 . One blood kit, #7091, containing a sample from Lauderdale, Robert . MUIARVEXAMINATIOX: The sample was analyzed for: Amphetamine/Methamphetamine Barbiturates Benzodiazepines Cocaine and Cocaine Metabolite Opiates None of the above substances were detected. WSClhs 4/20/95 Signature at oistribution: (APR 1995 sported Sy a Toie 1 Pleasant Hill PD Warren Cohen, Pnrpn-,-,ic--Tn i rnl nc-Ti . I i- oroved ey Suoervis;ng C,,rn.naIj,! For AdcIttional Information Can: 313-2800 a� CRIPAINALISTICS LABORATORY DIVISION % Sheriff-Coroner's 0^partment Contra Costa County REPORT OF LABORATORY EXAMINATION Laboratory Numter Ctfense(s) Oate(sl Examined 95-02830-G Assault 4/12 - 18/95 Reouestinc Agency 8 Case Number Date of Request Examination Requested By } Pleasant Hill P.D. 95-02423 4/11/95 Harper Comptainant(s) Suspect(s) i Skinner, Paul - - - � CON r" I'DENT IAt NOT FOR DISTRIBUT10114 DESCRIPTION OF EVIDENCE• / ' YL �`�� � Name' :7 Aatt; The evidence was brought to the laboratory by Community Services Aide Renshaw on 4/11/95 . One blood kit, #7088, containing a sample from Skinner, Paul . SUMMARY/EXAMINATION The sample was analyzed for: Amphetamine/Methamphetamine Barbiturates Benzodiazepines Cocaine and Cocaine Metabolite ( Opiates None of the above substances were detected. WSC/hs 4/20/95 Signature O e Oistnoution: APR 2 1 1995 Reported By a Titte 1 - Pleasant Hill PD j Warren Cohen, Foren5-ic Toxicologist Aporoved By Suoervi5:n9 C,,m,na':ct For Additional �/�J' intormation call: 313-2800 J CRIMINALISTICS LABORATORY DIVISION Sheriff-Coroner Department Contra Costa County BLOOD ALCOHOL REPORT Laboratory No. : 95-02830-1 CON F1 D E N T I.A Submitting Agency: PLEASANT HILL POLICE DEPART,NOT FOR DISTRIBUTION Case No. : 95-02423 Offense : � c kc.� �i�-Requested by:HARPER Incident Date : 4/10/95 Incident Time : 19ill5me Date Test Subject ROBERT LAUDERDALE TEST RESULTS Negative Blood Alcohol Remarks: CONFIDENTIAL SAMPLE COLLECTION Location Collected : PLEASANT HILL PD Location Date : 4/10/95 Collection Time : 2140 Collected or Witnessed by: BONNET EVIDENCE TO LABORATORY Delivered Date : 4/11/95 Case Type : ASSAULT 245 PC Delivered by: RENSHAW Container No. : 7091 Conditions : SEALED Method of Receipt: DELIVERED ANALYSIS Remarksx'f CONFIDENTIAL Date Acquired : 4/11/95 Analyst: Barosso, M. I certify,under penalty of perjury,under the laws of the State of California,that the above bloodfurine analysis was performed during the regular course of my duties, and is a true and correct copy thereof. I further certify that I am qualified to perform these analyses pursuant to Title 17 of the California Code of Regulations,and that the equipment used in arriving at the results was in proper worldng order at the time 1 performed this analysis. Analyst Signature.!%i���>��'��� Title: Forensic Toxicologist Executed in Martinez, Contra Costa County, California Date: l/),. ? �" CRIMINALISTICS LABORATORY DIVISION Sheriff-Coroner Department Contra Costa County BLOOD ALCOHOL REPORT LaboratoryNo. : 95-02830-D _ rr.� N� PIDEN � � . Submitting Agency: PLEASANT HILL POLICE DEPART NOT FOR DlSTRIGU71011� Case No. : 95-02423 Offense : Requested by:HARPER Incident Date : 4/10/95 Incident Time : 191 `— Loq5 Hatt Test Subject TERRY FOREMAN TEST RESULTS Negative Blood Alcohol Remarks : CONFIDENTIAL SAMPLE COLLECTION ,�Jcation Collected : PLEASANT HILL PD Location Date : 4/10/95 Collection Time : 2130 Collected or Witnessed by: BONNET EVIDENCE TO LABORATORY Delivered Date : 4/11/95 Case Type : ASSAULT 245 PC Delivered by: RENSHAW Container No. : 7112 Conditions : SEALED Method of Receipt: DELIVERED ANALYSIS Remarks f CONFIDENTIAL i Date Acquired : 4/11/95 Analyst: Barosso, M. I certify,under penalty of perjury,under the laws of the State of California,that the above bloodlurine analysis was performed during the regular course of my duties, and is a true and correct copy thereof. I further certify that I am qualified to perform these analyses pursuant to Title 17 of the California Code of Regulations,and that the equipment used inarriving at the results was in proper working order at the time I performed this analysis. Analyst Signature!?72,/fir ' Title: Forensic Toxicologist Executed in Martinez, Contra Costa County, California Date: L1/�17 /5 CRIMINALISTICS LABORATORY DIVISION Sheriff-Coroner Department Contra Costa County BLOOD ALCOHOL REPORT Laboratory No. : 95-02830-C (" r) �� c i DENT �f Submitting Agency: PLEASANT HILL POLICE DEPART' ! !�I Case No. : 95-02423 l „T , Ot? DISTRI8UTION Offense : r!t<7 Requested by:HARPER 1 Incident Date : 4/10/95 Incident Time: Date Test Subject PAUL SKINNER TEST RESULTS - 1 r Negative Blood AI'hol Re�arks: CONFIDENTIAL � t t f SAMPLE COLLECTION -ocation Collected : PLEASANT HILL PD Location Date : 4/10/95 Collection Time : Collected or Witnessed by: BONNET EVIDENCE TO LABORATORY Delivered Date : 4/11/95 Case Type: ASSAULT 245 PC Delivered by: RENSHAW Container No. : 7088 Conditions : SEALED Method of Receipt: DELIVERED ANALYSIS -- .,pe :(Blood Rem a : CONFIDENTIAL } Date Acquired : 4/11/95 Analyst: Barosso,M. I certify,under penalty of perjury,under the laws of the State of California,that the above blood/urine analysis was performed during the regular course of my duties, and is a true and correct copy thereof. I further certify that I am qualified to perform these analyses pursuant to Title 17 of the California Code of Regulations,and that the equipment used in arriving at the results was in proper working order at the time I performed this analysis. Analyst Signatur� Y.C� Title: Forensic Toxicologist Executed in Martinez, Contra Costa County, California Date: —///-7 �l CONTRA COSTA CRIME LAB 510646291.3 P. 01 SI3EI2.IFF—C.C>RC�NER'S I7 EP'A.I2.'TNXE�T^ Criminalistics Laboratory Division 2122 Escobar Street, Martinez, California 94553 (510) 646-2455 FAX (51Q) 646-2913 FAX TRANSMITTAL FORM Date: iil- cJ �'� Time: To: u ,. Fax #: From: �c Total of Pages(including this one) M E S S A G''. E C CL-1 79 -::CENTRAL IDENTIFICATION BUREAU FINGERPRINT EXAMINATION REQUEST AND RESULTS Criminalistics Laboratory Division Contra Costa County Shefrff-Coroner's Department 646-2460 INSTRUCTIONS: TYPE OR PRINT LEGIBLY,RLL OUT THIS PORTION OF THE FORM EXCEPT THE SHADED AREAS FILL OUT THE"PERSONS TO BE COMPARED"PORTION IN THE SAME MANNER. fabomt(li Number Data Request'Received. A... . Yktim(s).Full Name Agency Name ` Agency Case Number City or Area Where Offense Occurred 1 f P J 1� s- 2 y Z3 V__P Le-0_41--t y l 1 I Reques By Phone Number Offenses)by Code Number Dates)Examined SGA^ r- amts Wort Evaluate attached talents Compare attached latents Automated Latent Print System Search(ALPS) Verify/Establish Identify Be—g–°e>t°d x Process Evidence I Compare with talents on file at lab If named suspects not identified conduct ALPS-seaich Other Description of Evidence Complete description of evid and record f erp'nt cards it submitted Ode r Date Received From Refly l i RequestDirt Results of Lafents Developed l` No Usable Evidence Processed 1 Titte Date Processing See Evaluation 1C Latents Developed / .i Results of Latent Fingerprints of Value Latent•Palm PWnts of Vane Latent(s)are insufficient Evaluated By Evaluation or Possible Value or Possible Value for Comparison Evaluation for Latent Fingerprint(s)are Suitable Latent Fingerprint(s)are Insufficientlatent Palm Prints Title Date Automated Latent for ALPS Search for Search X are not Searchable Print System Results kicYWe whedw(SWAM Contra Costa klenotication Number Lateelnebd inked Prim(f)Unsuitable Fngerprirrt Person(s)(to be)Compared or or latents are not made by Individual a (•gnq�r= (E Date of Binh ALPS Mamai (2)Unavailable for Comparison t Rngapims Palen Prints FogerRmts Palm Prints co inn aha�l 4 - - 5 ritiN d ffdderttllkd ALPS Quality Latent Fingerprints Latent(s)searched and not identified.These latent(s)were registered to the unidentified latent data base for further searching Comparison By Tile Date �el Title Date CENTRAL IDENTIFICATION BUREAU FINGERPRINT EXAMINATION REQUEST AND RESULTS Criminalistics Laboratory Division Contra Costa County Sheriff-Coroner's Department 646-2460 INSTRUCTIONS: TYPE OR PRINT LEGIBLY,FILL OUT THIS PORTION OF THE FORM EXCEPT THE SHADED AREAS FILL OUT THE'PERSONS TO BE COMPARED"PORTION IN THE SAME MANNER. Laboratory Number Date Request Rleceived t, Victims)•Full Marne., .- Agency Name Agency Case Number City or Area Where Offense Occurred Requested By Phone Number Offense(s)by Code Numoer Date(s)Examined Work Evaluate attached latents Compare attached talents Automated Latent Print System Search(ALPS) WrifyiEstablisn idemdy 8°Qeeated°d Process Evidence j Compare with latents on file at lab -If named suspects not identified conduct ALPS sarch Other Description of Evidence:Complete cescnption of evidence and record fingerprint cards it submitted 77 J E,,id— ReceivedDate Received From 1 `�' F 1 tevuest J t1�-!r'/1- By Results of Latents Developed No Usable Evidence Processed By Title Date Processing See Evaluation Latents Developed 7 - Results of Latent Fingerprints of Value Latent Palm Prints of Value !a;ennsl are insufficient Evaluatea By Evaluation or Possible Value or Possible Value for Ccmoarfson Evaluation for Latent Fingerprint(s)are Suitable Lwent Fingerprint(s)are InsufficientLatent Palm Prints Title Dat: Automated Laten for .LPS Search or Search X (are not Searchable j Print System j� I I Results !ncuoe Whether.Sasom Contra Costa Idewimaaon tlurmer L-tenlAnke° Inked Prints(t-Unsunable Of Personis)tto bel Compared at a< Lateots are not made by lodNiddal cr Fngerprint ComparisonsEiGmina Date of Sam ALPS j Manual j i21 Unavatable for Ccmpanson zingerannts Palm Prints Firgerdrrnts Patin Prints 2 j s (lisposilian of UokedttRed ALPS Quality Latent Feeerormts Latee(s)searched and not Identified.These latentfsl were registered to the unidentified latent data base for further searching. S Comparison By T i;a +Date rppmved ny CLASSIFICATION CASE NO. PLEASANT HILL POLICE DEPARTMENT , 5=a41� VIOLATION PAGE N0. FINGERPRINT EXAMINATION REQUEST VICTIM: REQUESTED BY: EXAMINATION REQUESTED: ( ) PROCESS ( ) EVALUATE (/-,Z4—COMPARE ( ) OTHER DESCRIPTION OF EVIDENCE: DATE OF REQUEST: K i- ,••f^z ^,,l :: ..! ate. ,.�+r/ L�.Jf?3•0 /� F3 OF rAX;- r /y1/-Wf l/ ✓f y PERSONS TO BE COMPARED: I RESULTS OF EXAMINATION DATE(S) EXAMINED: 7/-a-�75'� PROCESS/EVALUATION COMPARISON ( ) Items Processed with Negative Results Print Identification ( ) Prints Have Insufficient Detail ( ) Prints of Suspect Not Available ( Fingerprints of Possible Value ( ) Prints Compared with Negative Results i.. .( ) Palm Prints of Possible Value ( ) Prints Not Made By Individual Compared ( ) To Be Sent To ALPS / ("/.v 17�!; ._-:} ]� %/< ._.. :.� I-J C V5-72 � �l�i�it� /t�(//.L r.'r•Il crc. COPY TO: I/T: Status: Reviewed by: � ❑ DET ❑ D.A. /��n„/ ❑ F/U ❑ YSB r] COURT R/T: j A I C Z ❑ ADMIN ❑ J. PROB L] DEF. Reporting Officer: / Processed L., . Stats: ❑ D.O.J. ❑ OTHER ��� ""J Comouter. EZ-Fax 04/12/95 19:10 DOJ 916-221-3244 1 916 456 0351 020 2:2 I.FAVF BLANK TYPE OR PRINT AIL INFOPMATION IN BLACK 5, tfAVF St AHK .t cI AA"t NAM Fl"I .tILWlt tn.-t AF w• 'A�.A••w./..x,-,F.Cn_..,.•,a;.i!PI_ •f: s, .i..,,• '. COVEY YW U M JQQA Mich ael Roland STATE USAGF AtrAStb Wou•or Modesto PD "Mike" 010 (•f•. NA,P i.uh w„t.�'1o�I. .w.1''.•� 'w6y r 6 4 !-FX RAC*,CrNtwl1 A"V.rlAI.014AF uM W Chicago 113/1/87 ♦nlip NO nrAKA 19A7 138498 IFAVCP* PIK ..... i F54 No FBI 1202OaF`C-poss/mfg/se1l/dang. -- - -- - weapon/11378h&s-pose controlledso"*' SI�r substance for sale/ 4149B&P- I •,c�:, �rortlrvn. S `666_6 arr"hype kit/12001.5PC-sawed 0 _61-IM raN(:I(,('LASS CP( off shotgun prohibited. :'• l.1- 3 El RN ;St, QAC s��Y ' ~�-- .��I .•t" � -- .. ..�.�. :i;Vit`--•= P TWIAt! 7 it ININX 10 MMIC • P,RING a,lllrlt :=���•' �%`^*i �' i rye i �� �=��'. %:!JCC4-1 4 Colo vw 0 3 MAR 11 1981 CRY. of Pteasant. James X Nunn Chid of Police POLICE DEP-ARTME�11"C •.- . 9s .2v� 3 . ' t l izf, ` CQNSM- M SEARCH DATE: PLACE' r, PA lcwerC( LYIVAI -.3b'-J6S having been informed of my (print name) 4 Constitutional Rights not to have a search made of these premises without a search warrant, and of my -r.igtxt_ -to refuse consent for .:uch a search, hereby authorize these officers: T to conduct. a complete search of these premises , Ancluding all structures and rooms . adjoining or Fused in. connection with. said premises , which are: located. in California at t Ca 7w_�n jANj,T A ( �h AJ kl�V or vehicle which is described as ,.. Y and I authorize these officer's to take- from said. premises- any things , letters , papers ,- materials or-other property which they may, desire for- their official use. I. give this permission to the above named officers voluntarily and -Without threats , coercion or promises of any kind. - (signatu WI IESSES: --- It--ZEv DISTRICT ATTORNEY'S OFFICE CONTRA COSTA COUNTY INVESTIGATION REPORT Type of Investigation: Protocol Call Out DA File No: Subject/Defendant: Covey, Michael Supplement: PHPD 95- 2423 Copies of Report to: District Attorney Assistant D.A. Chief Assistant D.A. Martinez Chief Deputy D.A. Richmond Other: Special Operations Investigation Requested by: DDA Hole Date: 4/10/95 Assigned by: Date: Investigator Assigned: John Wasson, Senior Inspector Investigation Narrative Witness: Det Berendsen, Concord PD Assigned to CNET Witness: Det William Russell, CCCSO Narcotics Witness: Det Travis Breckon, Danville PD Assigned to CNET Witness: Officer Shawn Spencer, PHPD Witness: Agent John Bowers, DOJ-VSU San Francisco BNE Office 557-2955 Witness: Agent Bob Nishiyama, DOJ-VSU San Francisco BNE Office Witness: Sgt. Jim Nichols, CCCSO Narcotics Witness: Capt. Rob Henderson, CCCSO Investigations Witness: Deputy Michael Campisi, CCCSO EVIDENCE: JW-1 Cassette tape of interviews of Berendsen, Russell, and Breckon. JW-2 Cassette tape of interviews of Spencer, Bowers, and part 1 I of Nishiyama. JW-3 Cassette tape of interview of Nishiyama, Part 2 . JW-4 Cassette tape of interviews with Nichols and Henderson. JW-5 Cassette tape of interview with Deputy Campisi All tapes turned over to PHPD as evidence. t On 4/10/95 at 1950 hrs I received a call from DDA Hole „y requesting assistance with an officer involved shooting at PHPD. I called Senior Inspector Spyrow and drove to the scene on Trelany St, arriving at 2035 hrs. After a quick briefing by DDA Hole, I called Senior Inspector Farrell and then went to PHPD, arriving at 2055 hrs. Once there, I called Senior Inspector Leary, as more investigative assistance was needed due to the l number of involved officers. tti Sgt. Harper of PHPD gave a briefing of the incident at approximately 2230 hrs. This incident involved the service of a search warrant by CCCSO Narcotics, CNET, and DOJ/VSU. Immediately rt; upon service of the warrant, Covey was encountered at the rear of :. the house with a gun. A standoff ensued for several hours, during which negotiations were attempted with Covey. A decision was made f to use PHPD SWAT officers to attempt to flush Covey out by using tear gas. Shortly after the introduction of the tear gas, Covey was shot by several members of the S --team— `J After the briefing and a assignment of investigative teams, PHPD Cpl Thompson and I interviewed Det Berendsen from 0056 to 0113 hrs on 4/11/95. The interview was tape recorded and will be paraphrased in this report. Det Berendsen is assigned to CNET, and was aware of the details regarding this search warrant. Details of the briefing included the fact Covey was an escapee, and could possibly be armed. c Det Berendsen was assigned to go to the rear yard of the 1 house, entering along the West side. Along with Det Berendsen was Det Breckon and Det Russell. Det Berendsen entered the rear yard via the gate, and encountered two dogs which were sprayed with repellant by Det Brec on. When Det eren en go to the S rner oe hous , e cou see along the rear of the house to the East side of the yard. .� From this point, Det Berendsen could see hamatohed EO41 the description of Covey, wearing jeans and a �lightplatid shirt walking with his back to Det Berendsen in an Easterly"direction, on the other side of the house. Det Berendsen said the WMA looked back at them, as he yelled "Police officer, stop! " . The WMA turned around to face him, and Det Berendsen could see a handgun in his 2 left hand, which he passed to his right hand as he raised his hands into the air. Det Berendsen th2pght-_.the--handgun__was light in color, but, u�dno -�e1Tif i.t was a revolver or a semiaut_ o. ym Det B sen ordered the WMA to drop the gun several times, c he did not do. The WMA took several steps toward him, not pointing the gun at him, and when he was even with the gate at the East_ side:of the,house, he ran into the gate, closing it �behirid'-him. Det Berendsen yelled out to the others that" he's got a gun, he's got a gun! " , then broadcast it on the radio to the other officers present. Det Berendsen then took up a position behind a trailer in the rear yard, and Dets Breckon and Russell also took up positions covering the rear of the house. The situation became stable, and Det Berendsen became aware that phone contact had been established with the subject in the house, and he later heard Sgt. Shabazz on a bullhorn trying to F get the subject to surrender. This goes on until dusk, when Det Berendsen sees the PHPD SWAT team enter the rear yard from the East side and deploy near the gate he had seen the subject run through. Several other SWAT team members move across the rear of the house, dispersing tear gas into the house. Det Berendsen sees and hears a flashbang discharged in the area near the gate, which is by the garage of the house. Det Berendsen then saw several SWAT team members kicking out the boards of the fence by that gate, and yelling for "Terry" , the name Covey was going by, to come out, to give it up. Det Berendsen said he then heard a single gunshot, muffled and faint, which he believed to be from within the house, and return gunfire from the SWAT team members by the gate. These shots were much louder than the first shot. Det Berendsen said he heard someone yelling, " Throw down the gun and come out" repeatedly. Det Berendsen heard another shot, again believed to be from within the house, and several shots he saw being fired by a SWAT officer with an MP-5, a weapon carried by the SWAT team members. He saw another SWAT officer fire a handgun, and he heard the SWAT officers say "he's down" . SWAT officers entered the house, and soon advised there was a possible explosive device in the house, and Det Berendsen and the others in the rear yard were advised to clear the area, - which they did. Det Berendsen did not see the injured subject removed from the house, and never saw the WMA he had seen in the rear yard again. Det Berendsen then met up with the other officers prior to returning to PHPD. From 0122-0144 hrs we interviewed Det William Russell, CCCSO Narcotics. The interview was tape recorded and will be paraphrased in this report. Det Russell attended the briefing for the service of the search warrant and was aware that Covey was an 3 4 escapee and could possibly be armed. Det Russell had b assigned surveillance of the house prior to the issuan search warrant, and had even spoken to Covey on one oc when Covey approached his car. Det Russell was assigned._to accompany Dets Berendsen and Breckon to the rear of the house from the West. When they arrived at the fence on the West side of the house, they encountered two dogs, which took a moment to deal with. Det Russell believes they were sprayed_b Det Breckon. When they entered the rear yard and got to the "SW co r of the house, Det Russell saw a WMA in _)eans ancl -a'f1an1 shirt, 613 " , brown hair, neap--op —g- ffe at tai East side of` the hou e. Det Russell saidIis WMA closely resembled the person he had talked to at he house th es before, believed to e Covey. Det Russel _ylled;-� top, police,, put your hands . upt . As this WMA was facing in his direction, he could see he h a handgun, a semiautomatic, held at his waist area. Det sell started yelling, " He has a gun" as did either e erendsen or Det Breckon. The WMA id not point the weapon a him or in their direction, but turned knd ran into thee.-a the East end of the yard, closing the ga beh' . Det Russell took up a position in the rear yard, near a trailer in the rear yard. Det Russell could see into the house, but never saw anyone in the house. The situation became stable, and Det Russell then moved to behind a van at the West side of the yard. Det Russell stayed there for about 4 hours, before the incident concluded. Det Russell could hear over the radio that contact had been established with the subject in the house, and negotiations were proceeding to get him to surrender. At one point he could hear someone over a bullhorn telling the subject to give it up. Det Russell never heard anyone in the house talking or yelling back to the person with the bullhorn. Det Russell was informed over the radio that tear gas was going to be used, and a short time later saw several SWAT officers approach the gate he had seen the subject run into from the East side of the house. Det Russell saw SWAT officers break several windows at the rear of the house and throw gas canisters into the house. Det Russell saw several SWAT officers at the SW corner of the house attempt to introduce gas into the house, however it seemed to him that the gas canister went off prematurely, in effect gassing the officers. He saw one of the officers go down, possibly injured, and the other two removed him out the front gate. Det Russell moved up when this occurred, and covered this corner of the house. From this position, he could hear the other SWAT officers 4 1 tt j ,/telling someone, "give it up dude, give it up Terry". He also r heard others saying put the gun down, get your hands up. Det Russell then heard a blast of rounds from the SWAT officers by the gate. Det Russell heard more shouts of "Give it up, come on out" from the officers by the gate. There were more shots from the SWAT officers, who then entered into the gate into the area behind the garage. He heard over the radio someone saying that the subject was running. through the house, and_ ths�t�rounds were_ coming out of the front of the house. Det Russell believes he hear ots fir om wi in a house, and he could not tell who was firing these shots. Det Russell then heard over the ti radio that the subject had been hit and was down. Det Russell then heard that there were fires in the house and there could be explosives in the house, and he was advised to clear the rear yard area. After they cleared the yard, Det Russell saw a male in an ambulance at the front of the house, who appeared to be the same male he had seen earlier in the rear yard. After returning to CNET to let others pick up their cars, he drove to PHPD. From 0150 to 0207 hrs we interviewed Det Travis Breckon Danville PD assigned to CNET. This interview was tape recorded and will be paraphrased in this report. Det Breckon attended the briefing for this search warrant and was aware Covey was an escapee and could possibly be armed. Det Breckon was assigned to the rear yard along with Dets Berendsen and Russell, and was to enter along the West side of the house. When they arrived at the gate to the rear yard, they encountered several dogs which Det Breckon sprayed with repellant. The dogs then ran away. As he got to the SW corner of the house he heard either Det Berendsen or Det Russell yell" gun, gun! " and he then . saw a WMA with a nickel or stainless semi automatic in his--hand-_.inthe rear yard. fie-suhj'e�t""was not po n�ing the qun at theme and seemed to be Zjoinz away from them `wiYi a hand on £he gaffe at the East end of the house. This subject had on a light colored shirt, and seemed to fit the description-'he had received at the briefing of Covey. Det Breckon yelled, " Put it down" and " Gun" to alert other officers. The subject did not put the gun down, and went through the gate into the area behind the garage. Det Breckon lost sight of him behind the fence at this point, as the subject closed the gate. Det Breckon took up a position by the large trailer in the rear yard where he could see the gate. Det Breckon maintained this position, then moved behind a truck further away from the house. Det Breckon never saw the subject in the house from this position. Det Breckon was aware via the radio that phone communication had been established with the subject, and attempts were being made to get him to 5 surrender. Det Breckon was notified via the radio that tear gas was going to be used, and saw several SWAT team members throwing tear gas canisters into the house from the rear. Det Breckon had seen these SWAT team members enter the yard from the East side of the house. Det Breckon saw several SWAT team members get as far as the SW corner of the house, and it seemed to him that they had gassed themselves, as he could hear them coughing. Det Breckon then saw the other SWAT team members start to enter the area behind the garage by the gate he had seen the subject at earlier. Det Breckon recognized Sgt Skinner of PHPD to be one of these SWAT officers. Det Breckon could see the SWAT officers pulling boards from the fence in this area, apparently to gain entry to the area. Det Breckon heard Sgt Skinner yell, "Put it down" three or four times, and then he heard shots being fired, and saw Sgt Skinner firing his handgun, and another officer firing an MP-5. He heard Sgt Skinner yelling, " I told you to put it down, put it down" and he saw Sgt Skinner fire his weapon again, more than once-­- Det nce-­-Det Breckon then saw the SWAT officers go into this area, and shortly after that he was advised to clear the area, as a possible explosive device had been found. He and the others with him left the rear yard and went to the command post area to the East of the house. Det Breckon never saw the WMA he had seen with the gun in the rear yard again during this incident, even when it was over. ----- •- --------". From 0219 to 0239 hrs we interviewed Officer Shawn Spencer, PHPD TRG officer, which will be referred to as SWAT for purposes of this report. This interview was tape recorded and will be paraphrased in this report. Officer Spencer was called at home by PHPD dispatch, and advised there was a barricaded subject and SWAT was needed. Officer Spencer went to the command post and was f briefed of the details of this incident by Sgt Skinner, who told him there was an armed subject in the house where CCCSO and DOJ had attempted to serve a search warrant, and negotiations were in progress to have the subject surrender. Officer Spencer was first assigned to the roof of a nearby building to the East of the residence for reconnaissance. From this position, he could see the East side of the house and the rear yard. After about 45 minutes, Officer Spencer was sent' to the house directly across the street from 103 Trelany to relieve some DOJ agents who had been there for some time. Officer Spencer spent about 90 minutes in this position. During this time, Officer Spencer could see the outline of a person in several of the windows of the house. Officer Spencer was present in this position when Sgt Shabazz attempted to have the subject surrender by using a bullhorn to talk to him. The subject did not surrender. 6 After this, Officer Spencer was directed to meet at the command post, and a briefing was held concerning the introduction of chemical agents into the house by the SWAT team. The suspects name and description were given, and Officer Spencer was told that shots had been fired by the suspect prior to his arrival. Officer Spencer was assigned to accompany Officer Senst to the Eastern front of the house, the chemical agent was to be introduced into the house, and they would take the subject into custody when he came out the front of the house. Officer Spencer was told to use deadly force if necessary to take the subject into custody. Officer Spencer and Officer Senst deployed to the front of the house by the Western corner of the garage, which sits East of the house. From this position, he had a good view of the front of the house, should the subject come out of the front door. Officer Spencer could hear the windows at the rear of the house breaking, and then he heard a loud explosion, which he later learned was a flashbang device. Officer Spencer could hear muffled coughing, which he felt was coming from inside the house, and saw something come out of a window at the corner of the house near him, which turns out to be a gas canister. He heard someone yell, " Let me see your hands, he's got the gun" . He then heard the sound of a MP-5 being fired, very rapid shots, possibly as many as 9 shots. He next heard some single shots from a semi-automatic handgun, perhaps 4-5, then someone yelling, " Let me see your hands" several times. Officer Spencer heard the subject say" Just go ahead and kill me, go ahead and shoot me". This was followed by more shots, and Officer Spencer could see particles of wood flying from the fence by the garage and hear bullets whizzing by him toward the street. Officer Spencer could hear Sgt Skinner say" Why did you make me do that" and the subject say. , " Just go ahead and kill me" . Sgt Skinner asked that the gate by the garage be kicked, but someone yelled that he still had the gun in his hand. Officer Spencer then kicked the gate open, and could see the subjects left leg protruding from the open side door behind the garage into the house. Officer Spencer could see he was laying on his back, and could not see his left hand. The subject said he could not move his arm, and Sgt Skinner went into the doorway, ami several fires and put one handcuff on the subject. Officer Spencer got him handcuffed with his hands in front of him, and pulled him out of the house onto a small step. Officer Spencer then could see the subject had a black shoelace or similar item tied to the gun and his wrist. He grabbed the gun and threw it to Officer Senst, and rolled the subject over onto his stomach. There was a propane tank by the fire in the house, and he drug him away from the house towards the front. Officer Spencer could not recall which hand the gun was tied to. Medical personnel were then called up to assist the subject. 7 The subject kept saying, " go ahead and kill me" over and over, and then appeared to lose consciousness. Due to his gas mask, he could not tell he subject had been drinking or appeared to be on drugs. Offi r Spenc did not fire any shots during this incident, f and after clear the rear yard, he returned to PHPD. �,+C From 0252 to 0307 we interviewed DOJ Agent John Bowers, assigned to the VSU unit in the San Francisco office. This interview was tape recorded, however upon reviewing the tape for this report, no conversation is audible. This report will be written based on notes taken at the time of the interview and from memory. Agent Bowers attended the briefing concerning the service of this search warrant, at which he learned the subject Covey was an escapee and had past incidents involving the use of weapons. Agent Bowers was assigned to the entry team, which was to enter the house through the front door. Agent Bowers was to be the 5th person. in the front door. When the team arrived at the house, a male and female subject were encountered in the front yard that other officers handled. When the team reached the front door, a knock and announcement was made by CCCSO Conger, 3 times . This announcement consisted of words to the effect of " Police, search warrant, open the door" . Receiving no response from within after about 45 seconds, the door was struck in an attempt to open the door. At about the time he heard other officers shouting gun, gun, a female and small child appeared at the front door. They were removed and the team did not enter, due to the situation in the rear, where he could hear officers yelling. After a few moments, the entry team backed off to a position at the West corner of the garage, then to a position across the street. Agent Bowers remained in this position for the duration of the incident. He was aware negotiations were underway in an 1 attempt to have the subject surrender, and saw a PHPD officer attempting to reach the subject with the use of a bullhorn. After the subject did not comply with the requests to give up, he saw PHPD SWAT officers approach the house from the East. From his position he heard what sounded like a muffled gun shot, then shouts of "Get your hands up, drop the gun" followed by a burst of gunfire. When this occurred, he heard the impact of bullets behind him, at the front of the house directly across the street from the house they were going to search. After a pause, he again heard a muffled gunshot, followed by another burst of gunfire. Shortly after this, he heard that the subject was down, but still had the gun. Afew moments later, the subject was- brought to the front of the house by PHPD SWAT officers, and they were advised to clear the area due to a possible explosive device in the 8 to clear the area due to a possible explosive device in the house. Agent Bowers then returned to CNET to get his vehicle, then went to PHPD. From 0313 to 0332 we interviewed DOJ Agent Bob Nishiyama, assigned `to the VSU unit in the San Francisco office. This interview was tape recorded, however upon reviewing the tape for this report, the first part of the interview is inaudible. The second tape is audible, and the report is based on notes and the tape. Agent Nishiyama had been contacted by CCCSO Narcotics Det Conger to participate in a surveillance of this house several weeks prior to the date of the search warrant. Agent Nishiyama attended the briefing for this search warrant, and was aware of Coveys status as an escapee and his past weapons use. Agent Nishiyama was assigned to the front door entry team, and went to the front door area upon arriving at the house. Agent Nishiyama ( heard Det Conger give the knock and announcement at least twice. The door was hit once after receiving no response to the demands to open the door. The door was either opened or came open, and a female and child were encountered. They were ordered out, and removed. Agent Nishiyama became aware of shouts of gun, gun, from the rear, and the team did not enter the house. They held their position, and after a short period of time, a small child appeared at the front door. Agent Nishiyama called to the child to come out, and the child was led away. The situation became stable, and Agent Nishiyama withdrew to a position across the street from the house. He was aware of negotiations with the subject to come out. From time to time, he could see movement behind the blinds of the house. After negotiations failed to get the subject out, PHPD SWAT officers were seen approaching the house. Agent Nishiyama heard an ( explosion that he thought was a flashbang, then several shots from what sounded like a small caliber gun. He then heard louder gunshots, and the front kitchen window of the house broke. After a moment of quiet, he heard more smaller caliber gunshots, followed by louder gunshots. He heard yelling from the area at the East side of the house, someone yelling" Get your hands up, put the gun down! " . He then heard more gunfire, and could hear bullets hitting either the garage or the car he was hiding behind. He then heard someone say the subject was down, but, still had the gun. He heard more yelling that seemed to come from within the house, and possibly more shots. He then saw PHPD SWAT officers removing a subject to the front of the house. Shortly after this, they were advised to clear the area as a possible explosive device had been found inside the house. After meeting at the command post, he went back to CNET to pick up his car and then went to PHPD. 9 After this interview I met with the other investigative teams to debrief, and then left PHPD at 0400 hrs. On 4/11/95 from 1159 to 1216 hrs I met with Sgt Jim Nichols CCCSO Narcotics in front of the house on Trelaney to interview him regarding this incident. The interview was tape recorded and will be paraphrased in this report. Sgt Nichols attended the briefing at CNET regarding this search warrant, and was familiar with the subject Covey from Det Conger keeping him appraised of his investigation. Sgt Nichols assignment for the search warrant was to use the ram on the front door, if needed. The entry team went to the front door, and Det Conger gave the knock and announcement, 3 times. Receiving no response, Sgt Nichols hit the door once, and the door did not open. The door then opened and a female later identified as Michelle Jones and a small child appeared, and were ordered out, to which they complied. At this point Sgt Nichols became aware that a subject with a gun had been encountered in the rear, and the entry team retreated away from the front door. From a position by the garage, he could hear the sound of breaking glass coming from within the house, and could see movement behind the blinds. After the situation became stable, and he was relieved, Sgt Nichols went to the command post which had been set up East of the house in the parking lot of Grand Auto, and contacted Capt Henderson of the CCCSO. Sgt Nichols stayed at the command post for the duration of the incident. After negotiations had failed to get the subject to surrender and PHPD SWAT officers had approached the house to introduce tear gas into the house in an attempt to flush the subject out, Sgt Nichols heard a loud explosion followed by yelling he could not understand. He then heard a faint gunshot followed by numerous louder rapid shots. After a period of quiet, he heard more yelling and more gunshots. He then could see a F cloud of gas or smoke coming from the East side of the house, and he heard via the radio that the subject was down. Shortly later, medical assistance was called to the front of the house, and officers were ordered to clear the area, as a possible explosive device had been found. After it became apparent that no immediate search of the house would be possible, Sgt Nichols went to PHPD. Sgt Nichols estimated the time of the entire shooting incident to have been 5 to 6 minutes. On 4/12/95 between 1000 and 1006 hrs •I interviewed Capt Rob Henderson, CCCSO. The interview was tape recorded and will be paraphrased in this report. Capt Henderson had attended the briefing and gone to the location at the time the warrant was served. He became aware of the situation as it developed, and when it became apparent that a lengthy standoff might ensue, he offered the use of the CCCSO Command Vehicle for PHPD command staff. CCCSO Deputies Randy Beardsley, Len McElravey, and Sgt 10 Brian Campbell brought the Command Vehicle to the scene, and stayed with the vehicle during the duration of the incident. Capt Henderson made no command decisions as to the conduct of the incident, and had no contact with the involved officers . On 4/17/95 between 1451 and 1500 hrs I interviewed CCCSO Deputy Micheal Campisi over the phone. The interview was tape recorded and will be paraphrased in this report. Dep Campisi was on duty working out of the Valley station when Capt Henderson requested two CCCSO patrol units to respond to the command post. When he first arrived, he was assigned to stay with a WFA and two small children, for about 20 minutes. After they were removed from the scene, he held a perimeter position at Contra Costa Blvd and Trelany, and then was moved to the West side of Trelany, where he contacted two PHPD patrol officers and CCCSO Sgt Douglas. Dep. Campisi was then told there were three officers in the rear yard, and 'he made his way to Det Russells position and joined him. Dep Campisi never saw any movement in the house, and was aware via radio that negotiations were underway to attempt to have the subject surrender. Dep Campisi held this position for several hours. He was advised over radio that the PHPD SWAT team would bQ_.�ntrodggins tear gas at the rear of the house, and�saw e team approaching ear-of h ouse from the East. He sa (—He hem break out several windows and throw earrrt se. sa ashbang he East side of the house. Dep is ' heard what sounded like a small caliber gun shot, and then heard the SWAT officers firing, noticing the distinct sound of an MP-5. He heard officers yelling for the subject to put the gun down, and then heard that the subject had the gun taped to his hand. Dep Campisi said he heard the officers tell the .subject to put the gun down 8-10 times during this exchange. He heard several small caliber gunshots, followed by more shots from an MP-5, and he heard over the radio the subject ran into the house. He saw the SWAT team members enter the area at the East side of the house, heard that the subject had been removed, and was then advised to clear the area as a possible explosive device had been found. Dep Campisi then returned to the command post area, and saw the subject in the ambulance at the front of the house. Dep Campisi did not hear the subject say anything when he saw him in the ambulance. After assisting with crowd control, he returned to his patrol duties. All of the interview tapes were taken to PHPb and turned over to Sgt Harper. Report by: John Wasson, Senior Inspector Date: 4/18/95 11 i PEOPLE V. MICHAEL ROLAND COVEY NO. 165732-9 PAGE 6 DA NO. C 95 004738-1 { 4 COMPLAINANT REQUESTS THAT DEFENDANT(S) BE DEALT WITH ACCORDING TO LAW. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. DATED: April 14, 1995 AT CONCORD, CALIFORNIA J. PER COMPLAINANT ROBERT R. ROLE/mc- DEPUTY DISTRICT ATTORNEY PLEASANT HILL POLICE DEPARTMENT PPR-13-1995 16:19 rrHTRA COSTA CO SHERIFF 510 313 2750 P.02 0 rCalifornia 94! 0039 p.O.Box 391.Martinez.C (:)RAO tyAffea I OR Na 3 71—= 3 mors Gen Possession 95-9747 F-2. c, c,4,sa'c"" c,"On MethforSale Pon tAl,I Date or Tithor of CW—Pref"Ift 7.Dale I Time Regioned A. No Monday 4-10-95 1430 33802 9PLW to "Cr"s.1 Locabom of Ocituralln" 103 Trelany_Road Pleasant Hill 0 RUN []SUS 01,um X)VIM VC O =v"t F.U) 13 Race 0 S-11%I Ace 14 DOB Lcensit f40 Detective T. CUnger alp Code) 17.too"phor4 16 AddresS 1980 Muir Road Martinez is r:mooy000sy or Ufo* County Sheriff's* Dept. 19.was Pho a Contra Costa C 313-2671 20 Kast 21.E7*% 22 HL 123 VA 1 24.AKA I&Aaod*o%Name 2S Social Sectoorey Na. 26 F~DeSeripgon(Scars.Tattoo:.MS^rWiWM Ckolhong.11C.) 27.BmcwV or C4e No 26 C PRt FE 0 WT 0 MSP 0 RUN C:.Sus ;LEAO 29 warrot(ts.F.M1 30 Rau I Sois I Age 3L 008 32.or-w Ucen"No —People of the. State 33 "&as$ alp Code) 34 mcm*Phone 35 Employed By cw Scholl 36 wore Phone 37 ka-1 39.Eyes 39 "L 40.WL 41 AKA I Ma-Ce"Name 42 Sonat Secwr*f No A4.Booking of Cat No 43 Funher Drscvipboh(SCArS.Tattoos.M&MVISITIL 06MAD.Etc.( Its C)asst 1:1 VIC VOT OUSP 01tu-4 rJ SUS LEAO Lj Other 46 Nathoo(L.F_U) t7.Race-f Set I Age 49 DOS 149 orowaf License No COVEY, Michael Roland W_ M A 10-16-64]_ U0036413 a*c4fti $I.me-e Fiftne "Onl"Trelany Road Pleasant Hill 1 1 689-5123 53 Wools Prtonir �.a 11"Ofoyrd By or scitoo, nemp to ed n/a_ _ _ -4 #1& 156 Eyes 66 H1 .7 5�7 WX 58 AKA I Mos-fte-4-9 59 S=W secson" Na Llr� _LBiu 6'4" 1210 1 TriTiac Tor L'. 7-24-65 560-53-7956 ,bo runner Descftpuan(Scars.T&nM.Mattrwisor%.Clatfung.11ft I M 600=AQ W rAf NO 66 M" Boor SVV* 63 CMTa: CrA!j Triumph Coupe _T Conv Son*- W i!..:If vet ISIA F, S C.V.Ll 6W03-79' (ca) 1�4 it 4S S&AUA 70.Awstated owfwr `, 71 40 A441"S ---- C-LeA Michelle. nn ones 103 Trelan Rd. Pleasant Hill 1--impotond T2 7o.reo fo 9etassea to 73 Wrto has lreysll 74 S 0antagoro Lab/ propert n n 77.S Missing �6.-FtP Fres 75 0-100 of e-aance Na lxt4o 9,041 syno"t at tntWO Report con erns service of a search warrant at 103 Trelany Rd. in Plea Hill for me etamin? and items associated with its sale. During the W, service of this warrantwe confronted an armed suspect 'who refused to come UO—i the residende. Pleasant Hill P.D. S.W.A.T. personell were called and -a several hours of negotiation without result the residence was assaulted. Giinshots were exchange between S.W.A.T. personell and the Suspect. The Su Was susu s�equentily wounded and taken nto'custody. Se f1i aimphe t oche related items were s6ized. Also arrested were Michelle Jones, Sherry Game and James Morrow. No Officers were injured. For Additional information refer to P.H.P.D. report #95-2423. 83 aau.avaor. 61 ^a stowung C-9 cc OCA 00T 04 00 DSR [)V , I - &A Z–W-0sugaii-on CVCe C)Nafcobcs OJAW ccom42 por"0094,01V(04-All 0866 fte. 'sow Oomen _r riia-coorsitcl, oAcs 0~ 0" 0$m: Detective tive T. Conger 4-12-95------ vial o- captasoi- ]0 Comm o0c 0*As,.^*q* be Sep. PPR-13-1995 16:20 CaNTRA COSTA CO.5HERIFF 510 313 2750 P.03 P.U.Box 391,_Martfnez.California 94Sf '1033 Su00Aer*eno• © (RoArtasc • OR Na 2 Cay Cade 3 GrunerClsss+treatroei t.Cclaa 1 7 S a<are 95-9747 Cen Possession Meth for Sale 4 Lal♦Oslo if Tone of Occvnence )Dawe!Trms jleoorle0 a.Emowree No Monday 4-10-95 1430 4-10-95 33802 aRwa: .0 Address r Coeawon a Oc"wpnCe 103 Trelan Road Pleasant Hill r, ~t OPFU IVIG Ej WIT 0,JSP ORUN x1sus- 00ow 12 Narrwe()..F.6+) 13 Race!ScA Ape 114 006 15.onrar license No JONES,' Michelle Lynn w F 12-23-67 C6658343 t2ro Code) 17.Home Ptbne X103 Trelany Road Pleasant Hill ( ' ) 689-5123 1a f mat0yed of or Srcnoot 19.%Vwx Prion Unemployed ( , 20*"&a 21.ETIs 22.Kt 22.w( 24 AKA!14a-den Name 25 soca+Seurrgr rtb. Bro I Bro 1 5`6" 1 140 1 Rivera Mich Ile 550-31-3892 26 Fvrintr Oescripaon(Stars.T4400%.Manne rsms.Clung.Etc.) 27 paounp of Cad Na 24 PPi rVIC awn msp RUN Us 7:LEAO Otrrer 25 frame(i.F.A() 30 Raca r Sea!Ape 31.000 3? 4tenst No GOMES, Sherry Lynn w F A 6-21-52 13'401866 32 Address (Zo Code) 34 Home ftont 103 Trelany Road Pleasant Hill ( I 689-5123 35 Emaw ed 8y or sInt 36 wore Pnone - Unemployed 37•k W.Eyes I AQV14 1,61 AKA!M4+rden Manu 42 Socw SeW ay No Bra I Br, 5_3 ' 1 130 1 Jones Sherr 547-82-3588 43 Fwvwr Otufrpaon(Scars.Tanoos.)r(annensmz.Gtatmnp.E1cJ 44.Boo"or Coe No a5 r-1PRe vic 0MT omsp RUN S [JIEAO Otnsr �# Name tL.F.$04 47•Race!Sea r Ape 'a06" 49 OrNer(.sense No MORROW, James'. Lindse W A 9-21-61 �n .car as ato Cade) st.Home Pnone :2 Em~d 8y or Smoot s3 wa►pnane U e o ed ( ) .4 Hat SS ETIs 56 «n 57 va sa AKA r s4uaer•Name 59 Saera•satwmt No Bra Grn 5'b" 140 467-19-5055 60 rvrintr DtW Wren(SCUL Tondos.Mannaesmt.Cw".Etc) 61 Book"or Cad me $2 ve-f ves Ido t 64 Yes- 1654maito 66 Model 6: Barr SMe 63 Com.fid;slue ,IvIct D4` " ` (cad 81 azda Or eanarr 3 S"ws 70.Reprs(tred oww 71 RO Address Lal Jones Michelle 103 Irelany Pleasant 14111 �:' Anoo>+na 72 Taa ed W or Retsasea to 73 Wno nos eeyc, -Staea 16 Orapo of G-conce77 t t.Irssrnp 76 101,0anuprd NO ANO s a r e(synods a of Inc—oto" See Narrative Investigation ar vaa•taenar Rovwnp Ca Oc 0" ODE OL 00 Osf: pv �'^-esroarva v,te .+�7iarCabts Jw. r.. I.J Q C Coroner ?;'IWoo#wftq CeovO(Pr.nq 63 Dara 'wa.ttirarer IIs 0 �P•aae•rrct OACS Orad" poo C?S,._ Detective T. Con er 4-12-95 '�]Pawl Caps w Q comm olc moues Parra aS M"re.rw Su Ar o 019-1P. � 4 at SJa• Nam b� 0 N a6 r n J a"a, (4e.a re0r APR-13-1995 16:20 CONTRA COSTA CO.SHERIFF 510 313 2750 P.04 (�sepPanw,sst PO.$ox 391;Martinez.California 94 -0039 (Kilo CRAms X95 747 ZCRY CCU aov"01cu"Weijim a:004a Cen L Vkwn ft. a :.ro I.Possession of Meth. for-Sale- 2. s'k P_People of the State 4 1 -95 �� 33802 - i•A4%V*"I LOC. AAGGGe119"M t0 Suipicfi Ft/rn/(L,i, 103 Trelan Road Pleasant Hill. Covey/Jones/Gomes/Morrow lT.Arop+Ry Dira�C tnpor,w.a R�eo.sr/Q F&01-C Colt SU*--U«n MimUt,A t lo,0v4ntrf $f*bQJ1 tiltiJ4ti/K1LitSV�M i hCtdi�}IumOlt.$gilt MlcMflDi!Y OWAPO .Lot W?W*T00%wtuL wdua.Tow ton.L=w POLLOMNG OADI L•Ar f�� cutr/rur.Hour:8i irwrtry.Q Clm t�.curs;0)wnKs.c q 09=09= tot+++nc r)Rlao.lvr aq i1rW"M t4 Ha,r.amc G000i:n u6C u PACO-.so prop"t ,1 Harri[� ssiure.nh ASST,STSNG OFFICERS., Sgt. J. Nichols Sheriff's Narcotics ' `. Det. W. Russell Sheriff's Narcotics 'j Agt. S. Duckowitz B.N.E./V.S.U. Supervisor �% . Agt. B. Nishiyama B.N.S./V.S.U. ' Agt. Jue B.N.E./V.S.U. i Agt. Prentiss B.N.E./V.S.U. Agt. Bowers B.N.E./V.S.U. Det. D. Wildes C.N.B.T./Pleasant dill P.D. Det. R. Berendsen C.N.B.T./Concord P.D. Det. T. Breckon C.N.E.T./Sheriff's Office Det. P. Enea Pleasant Hill P.D. Det. L. Criner Pleasant Hill P.D. Off . R. Lauderdale Pleasant Hill P.D. Patrol Investigation: On 4-10-95 at approximately 1430 hours, the above listed Officers and I initiated the service of a Search Warrant at 103 Trelany Road in Pleasant Hill for the sales of methamphetamine. The Search warrant (#95-062) was signed by the Honorable Judge Marchiano of the Superior Court, County of Contra Costa. I carried out the Knock and Announce advisement and was to be the finder of all evidence seized. All officers involved were wearing visibly marked clothing identifying them as Law Enforcement Officers. Upon approaching the residence I observed a Chevrolet P/U Truck backing out of the driveway. The two occupants, later identified as James Morrow (driver) and Sherry Gomes (passenger) , were detained without incident. We then went to the front door of the residence where I performed the knock and announce advisement. �I knocked loudly on the front door and yelled "Sheriff's OL ❑C 06A Ov IS Aamso+ul Pa V" 0A= Offfleft ` Quao. *p sMc ,7OPWI G. .M O�rLoto eeC p°0Conger r 1�.-n.90� MIt. L1 �r 20 svft Ho 2s 22 yi►d D V%ft I lb4} � ��� PPR--13-1995 16:21 rONTRA COSTA CO SHER I F� 510 313 2750 P.OS P-o.Box 391.Martinez.Catfkxnia 8• 1-003 DNFIO �A,rtx �• T10 i CRY cast i.C4~Cb"Oc„ a 195-9747 Cen . +* Possession ofMeth. for Sale. o».ua is 2 J 80 s Peo le o the State X Dow Cri a� Ec""Nk Ad3r"4 r Ltr: 4-18-95 33 ,0. Su ow$N et»tl.F. 203 Trelany Road Pleasant Hill Covey/,Tones/Gomes/Morrow 11-propwr am-"M �OOvewltQ iRteowrtd i0und.tosl StoMn•lyen Nurnbtr,Ar4Cls.CwnVty,9rsn0�4tib/uan�Aaewra i Lod�1 Numdrr,S+*sat NurnCar,Yucosrtsnp�s Oracrippeey Lar Wh_t Tato,Vyut.#WuCt TOW LOU-LEST M r-OU MANG CRC£It A)Cwrwwy.Nos 8)JM.rgMY C)Cot}tinQ.Fwa Cl V E)tMn r4WPTW%t n Aadm TVs. tri fkftrm;FQ Na ow id Gooes;A u TL l4orrrarwo traVa�� t1.Nsrr:e-..Ea.rwnrr,u Department, Search Warrant, Demand Entry, Open the Door! " . I waited several seconds and after receiving no response I repeated C� this same knock and arazou .ce ad-d sement, hearing persons moving inside the residence. Stili receiving no response or reply, I repeated a third knock and announce. We received no response but could still -hear persons moving inside. The door was then force 'nward. r /As the door was opened a female, later identified as Michelle Jones, appeared in the doorway. At this same time I could hear officers assigned to the rear of the residence yelling at someone and saying "Gun! " "Pte's got a gun! " "Subject in the residence armed with a gun! " (or words to this effect) . The female in the doorway was holding a small child and attempted to close the door. She was ordered to step from the residence and was physically pulled outside and detained. Due to the armed suspect inside the residence, entry was not made for Officer safety and exterior positions were maintained. The female and child were taken to a position of safety away from the residence and questioned about other.persons in the residence. After determining that another small child was in the residence as well as the armed suspect whom the female identified as her husband Terry Jones (whom we believed to be Michael Covey who was wanted out of Stanislaus County) , we called out to Terry to come ' out without the gun. We got no reply. We then asked him to send the child out. After a few seconds a female child appeared. t The child was directed outside and taken to a position of safety. r` We continued to try and establish contact with Terry attempting to get him to surrender. After several minutes we could hear movement inside and then glass breaking. The subject. still failed to acknowledge our verbal requests. After approximately 3.5 minutes Pleasant Hill Police Department Swat Team was requested for further support and assistance. All persons detained were later transported to Pleasant Hill P.D. D• ©c Do^ C}cE QL ©o 0SA DY s Aaawn.i'A°A" oto. (:)PC Conger Dti•mcw" Z!' -91D,� 1 re.� sa 20 &OW Iwo =,. is Pam I rag) PPR-13-1995 16:21 CONTRA COSTA CO 'S' H'E'R' I FF 510 313 2750 P.06 P.O.Box 391.Martinez.California Ek -.0W9 I IL ook I NO. CffAne "5-97 X Car caft 3.CrV"W-'C*%0'Ciiu6�Cen Possession of Meth. for Sale a VW*I ft...a IL F 44 $8 People ok the State 4-10-95 02 - Addru"I LW_- ar1=010— In solowds N&"(L F Aq 103 Trelany Road Pleasant Rill Covey/Jones/Gomes/Morrow .ftoom tj f'21ill *V*044 Aft— V&F*-"4 Last, %?Wn'r&koX V*hM ftk40 TOW LOU-i LST IN FOUDMWr,ofUXIt Al Cwywwy.MMM 8jj*wMjrr M nrearm 4"aw"how 00*ft.0 lilac0".pUrL 01 Veh;OW go orl"&Q010-OW.i7 Raft.r.% rrap-v 4 were they were held pending further investigation. We began smelling a strong odor of natural gas around the front of the residence so we pulled back from the residence and established a safe perimeter. 'The-streets were blocked at both east and west ends of the street and residences* in the surrounding area were evacuated. A Command Post was established and additional units were'requested for support. During the lengthy stand off,,.wecould see intermittent smoke an fumes emanating from-.--the vents/pipes on the roof indicatin something e s 0 intermittent n the roof ent 'of in smoke d ok e atan in' 0 c was being I�uriied inside the residence. On several o casions the US h 8 n e suspect :could be seen walking through the residence olding a through door t firearm". He then closed the front door and then th blinds 0 the residence.e c prq�v4iiting us from seeiz4jinto the residence. wl 7 ect t. Communications were established wi ject, in the residence by telephone with the use of a Negotiator. After several hours and the breakdown"'-of-l-communication Pleasant Hills SWAT Team assaulted the r0iditccle. During the assault by the Team a Flash Bang device and tear gas was deployed. Gunshots were exchanged with the suspect Who-was wounded in the gunfire. The suspect was arrested and transported via ambulance to John Muir Medical Center where he was treated for his wounds. Prior to the suspect being transported- I obtained his clothing Which was removed by Paramedics. Also given to me was a plastic baggie containing an off white powder substance (suspected methamphetamine) . This was given to me by Officer Pratt (Pleasant Hill P.D. ) who stated it was removed from under the suspects scrotum by Paramedics. The baggie was contaminated with the St'ZE-ects blood. (The clothing and baggie were later turned over to the County Crime Lab for handling and analysis) Due to the residence being contaminated by Tear Gas, and the Shooting investigation taking priority, the residence could not be searched at this time. Although, I was able to look through E3C C304 (30E C11. 00 05R OV 0VkV O'V'V"*S 0AI r)C. Oft*""FlCk OACS 01"WI ORO. 13&mewr C'Q171. e 95%vveen Its 0P" W%';ft 0cWWON& Conger n g e r E3 ov*v ,a R- I 'r:1'1- ;M Svv-.No 21 f* oft"s APR-13-1995 16:22 CU'UP; COSTA CO S' HER I FF 510 313 2750 P.07 - D sop�is1 P.V.tioxsy 1,nrtaranez,t..attiarila� .-wan QUO �Arrett L OR#ft i COY cow 1.Ce*w-#Ct rfon <.Orta s. S.Pe -95-9747 Cen Possession of Meth. for Sale- :. w S Vk*m��r JL A.M People of the State Caw 10 E 33802 a.Adorn. tirc. ••"tpnxt.,,a, a.SiAprG4s Ns,ry A-F- 103 Trelany Road Pleasant Hill Covey/Jones/Gomes/Morrow st pro""Y Dqw* *WX ROW"ret Fa,hd Lon Swoon-ram mumtlsr.A Wo,Ov&Aft&&r4/V k4jLt<e►vf<ctwa'<IAO"Mvmtor.Seti<t number.liftcaftem s Ooh LIX MPtwl TsRs,t VIJua-V4k4O TOW tors-LAST w FOLLO MnG ORDER N Cw"O.wxss:5j.*-Wrr.Q Claming.Fum 01 Vr++w-t W E)OISa Nvip,rwM n PA ft.TVs. o}"VILIVIL to Flousahw Goods:q Leine. t2 PACOVer'w rj"Wlli /1 siurasw lWtsrsrnu the pick up truck driven by Morrow. I located a small plastic vial with a small amount of suspected methamphetamine. This was inside an eyeglass holder attached to the drivers side sun visor. Michelle Jones, Sherry Gomes, and James Morrow were arrested and later interviewed. For statements made by these persons refer to supplemental reports by Sgt. M. Douglas and Sgt. J. Nichols. All three were transported and booked at County Jail. A booking was opened for Michael Covey (aka-Terry Jones) Michael Covey 1. 11378 H&S Possession Methamphetamine for Sale 2. 245d P.C. A.D.W. on a Police Officer 3 . 69 P.C. Resisting Executive Officer 4. 417c P.0 Brandishing Firearm at a Police Officer S. Warrants Michelle Jones 1. 32 P.C. Harboring/Aiding/Abetting a Fugitive 2. Warrants James Morrow: 1. 1.1377 H&S Possession of Methamphetamine Sherry Gomes 1. 11377 H&S Possession of Methamphetamine 2 . Warrants On 4-11-95 at 1400 hours we returned to 103 Trelany Road in Pleasant Hill to search the residence and property. In the garage we located methamphetamine, packaging materials, a scale, glassware, syringes (some containing suspected controlled substances) , liquids containing suspected controlled substances, 08 13C Da► ODE DL 00 Ota pv L3�+•m rprttoe► p vee ©Msreatw pjuv d care r• Op" CAP"" Oc toLoec, pwr„,.ftgW a ec iv!'": Conger as --j suo. to sup.wo APR-13-1995 1622 CONTRA COSTA CO SHERIFF 510 313 2750 P.08 P.O.Box 391.Martinez,California& 3-0039 0 WRO [gARtt L DR t ra. Z eft Cafe �Gam+./cft aroicatian a,O+w7 1&1103 95-9747 Cen Possession of Meth. for BEfie•' :.` "—""-- s vkcttetttil. .A- F.+o 7 pet, Pam t,Erro"mm People of the State 4-10-95 33$02 Ar*"&I t=... ,nCCWtartee $a Sutpecra Nano - --7 Trelany Road Pleasant Hill Covey/Jones/Gomes/Marrow st.>i+soparrr L1.scrtprm: Irnpou""O.moco""a Found.LM Sto4n.M1Mt+Number.Jvws.ouensty.&andlmaka f I.tanfu4sc oven L40W Number,swiaf NW70W.uiece tnwm Da'j M Le Wft"TakO%Wu%MJuCN TOW Low•UST W FOLLOWNG ORDER;Ai C~cy.mowL S)Jewolr1r.C1 CkANrq.f um 01 vehci+e,;E)orace EqulOmertt;n Red,.W, W Tinyatww tp Ww"hold Goads:0 i+uc TZ E4ao+rtt4 ROpw�S t].Name i Sxetrtrntt indicia, and a large clear plastic-bag of an off white powder substance. There is a loft room in the garage which is used as a bedroom by Gary Darst and Sherry Gomes as indicated by indicia statements and previously observing Darst in the garage area. Darst was not present at the residence during the service of the warrant- �'-� "A 0 )\a In the house we located U.S. Currency, packaging, scale, glassware, indicia, 2 scanners, respirators, cutting agent, and ,380 caliber ammunition. In the residence there were areas where it appeared that fires had been set and items burned. It is Y \ believed the fires were set to destroy the house and possible to fid .,r destroy items sought in the search warrant. These areas were near the back door and bedroom where the suspect was taken into custody. This is believed to be the cause of the smoke observed - coming from the roof during the stand off. The residence was occupied by Michael Covey, Michelle Jones and her two children. It should be noted that other items were collected at the v residence by the crime lab related to the shooting. For additional information regarding items collected by them refer to Field Service report prepared by the crime lab. In a 1975 Triumph convertible (License #2YKW378) ..parked in the driveway I found copies of a Illinois birth certificate for a Terry Jones. This vehicle has been exclusively driven by Covey and is registered to Michelle Jones. In a 1981 Mazda 4 door, also parked in the driveway, Z located a glass vial in the console with a green leaf material. Also in the console was indicia to Terry Jones. This vehicle is 'alwe registered to Michelle Jones. All suspected controlled substances were submitted to the Crime Lab for analysis. All other items submitted to property. For further information regarding the shooting and arrest of to Dare.ew,aa+t ts;AOwwnt ReuunO •.�--.���� �-- --- Da at na► ODE OL. 00 Out nY D tw""Wpoa t OV..' Q tlarcotioa OZ. 0 Db n ACS Irgalt 0 ILO, C)- C t �� u 1 I. Qft comb, Dc w#Lcx,. Clfa.r+r•a+titra be' ec 1MPT? Conger to ADp•e.inQ2Z Svp+.Me 2t is i 2M a pts..uasr At-'�'R-13-1995 16:23 CONTRA COSTA CO SHERIFF 510 313 2750 P.09 0U"W'*;W P.O.Sox 39.1.Martinez,Catitornia 94 z-t wto {�RAO ($Arne: 95 9747 z Cay� a er;n,.rCsa�r.estar+ Cen Possession of Meth. for KSale- viairn ..,�p,r•Q People ok the State ? 4-10-95 33802 AAddeo"/LOC- o flat,rrenc 14103 Name Trelan Road Pleasant Hill Covey/Jatnes/Gomes/Morrow It prop"0"Ov"V k%0`*0C AM&-rat FQuP4 Lott Sign-Ran Number,Artids,Ouen*y,sran4r4Aks imanwtaeturer`r mo"Number.S.wiar Nwm - OftattkwL Le Whale Tilert Wue,t"40 Twat LOW-LI'L'T IN fOLLOWWG OADERC A#Currv%ft Norm$1 dt+ett r C1 0000M Puri O)breAi�te�4 Ot>da EQvtpment ft E1a0w SYt 01�Stnns f4 fiauaar,crd Got+dt:b Yit= tZ R�ewene6l�roLwtPi 13 Nentt•e r&atrrrnts suspect Covey refer to Pleasant. Hill Police Investigation report #95-2423. EVIDENCE: A-Items from the Residence: ' A1:Tanita digital. gram scale with. residue (kitchen �r ;' '� `A2=Bottle of Sunshine Lactose (cutting agent) {kitchen corner shelf) tib• '` X`i-V A3=Glass tubes/ one broken with white powder residue �• i' (kitchen corner shelf) F A4-Supelco Inc. glass tube with valves and 31ft rubber tubing with residue (kitchen pantry shelf) A5-Glass funnel (kitchen pantry shelf) if A6-Respirator (kitchen cabinet)., t A7-Two respirator filters (kitchen cabinet) AS-Sox -380 caliber ammunition (10 rounds r missing) (bedroom dresser drawer) A9-Realistic Pro-43 Hyperscan 200 channel programmable scanner serial #008625 ;bedroom? A10=Radio Shack Pro-49 10 channel programmable scanner serial #45013929 (bedroom) All-Small baggie with green leaf material (marijuana) DA�orMgl.t° Oc Da ODE DL DO [3pa pv Is C36"e A""n pvrce D+wcouet Qdu„r Qeans..r D•+"WFI ar, p.ua pt rttr Dia OS«r II� ca�a.M Dco�,a oae. p wnne i• a ecnlz v th�°a Conger Its r►r.no 70 S,ra.Na tt ar x G a >�s', �iee tJjyr PPR-13-1995 16:23 r'WRA COSTA CO SHERIFF 516 313 2750 P.10 �}Suvc+t+K+i.+crt P.O.Bax 391.Martinez.California€ >3-0039 ❑tiF;p CR x cK Ne. Z Csr Coo. a.Cei"n./GaaaHieerio"+ 95-9747. Cen Possession of Meth. for Sale- People afe j moi: � ; a vko"&&.aA F. Peo le of the State ' 4 LE"'33SQ7 •.J47d+w I tAC- ''naen�ol 110 Suao«cf.Nrrne F,++� 1{33 Trelan Road Pleasant Hill Covey/JoneMomes/Marrow xx ftop ty t7..a40"t *"V*lrhded.x.e-Wid.FG-"%4 LOK$U*ft.Ram Numpar.Arrkte.Ouangly.SrinC�I.t.4tM.nur.Ctvrer a Model NumOK.Swift Nuff4w.Y40DAM WhWG TekM WUk i+duda TaW tars-LW K FOLLOWING OMEK Al Currency.moraa Sl Jr.dry,q CtoTinq. Orto.(3quipmanCD"Ra 7Y AO*3,W*Vd ftep "a= 13.Wrrar.a r Liatrrsnto (purse in living room) Al2=Five Hundred,Seventy-One Dollars in U.S. Currency 11x $50.00• 1x $20.00=s lx $ 1.00- Total-$571.00 A13cAccess Paging Pager serial #1276378 (clipped to purse in living room) A14=California I.D. #C6658343 for Michelle Lynn Jones (purse in living room) A15=Indicia and address book 1. receipt to Terry Sones 2. receipt to Michelle Jones 3 . address book (floor between bedroom and kitchen) B=2tems from the garage: ` B1=Two Zip lock bags with off white powder substance (suspected methamphetamine) (room top dresser drawer) B2=Baggie with green leaf material (marijuana) (loft top of dresser) B3=Amber bottle with red cap containing liquid substance (Loft top of dresser) B4=C3ear plastic film canister with liquid substance (loft top of dresser) B5=Prescription bottle with white caplets "COTRIM" (for O s DC O abOJW •ea.wrr+4ouenp Oo� ©i Oo paR pv O PIOM l a. OAcs O k.W O ao. 0 SHCqff-"r O.Raor c+o.r~ O car oc olC Q kturn+r hea a G"�2 V ° Conger t?1 r. Oma+*► '�"�1-95 rp.Apwo.np Sp,mw, =oa..a �x•t►m APR-13-1995 16:24 MNTRA COSTA CO SHERIFF 510 313 2750 P.11 P.O. Box 391,Martinez,Carifornia 2 3-0039 1 1.IIR Na 2.Coy C4*@ s CrW"W/C*&&ftAU0M s t1ws,1, 7 8 195-9747 Cen ]Possession of Meth. for Sale— z. 245 IL Atom#U..0 CL F.ho 7.Dow 0 ft* . S.Effi0ay"Nm PeoFle of the State 4-10�-TY 33802 * S.Ai&v"I L&_ r%=wnwv= 103 Trelany Road Pleasant Hill 10.Covey/Jottemes/Morrow 'it prop"08"Woftm tVW?W04.P--o We&fcur4 Loa.Sto6vt-Um Nwmbet.AOW*.Ouknft Branch U&M I&4"&cWrw*s UocW Numbw.Sorial Nwnbw.U4CWtW**,X oncrboam U Wrest T&'W%%WLW kodwr Togo Law-LW Pi Foumvvlmrs OWEP.A)Comoncy,NowK 8).*ws1rr,Q CJMWq,Furs 01 VWhi0;oC El orfs Equipw nR&,-,,0.Tv* 01 FkftrWA.14 NmAahOd Gaocm-4 UUm Sherry Gomes) (loft top of T.V) B6-Five syringes, two WiL4- 'Liquid substance (liquid put in vial) (loft top dresser drawer) B7=Plastic gram scale with white powder residue (loft floor next to bed and dresser) B8=1ndicia and address book 1. Traffic citation issued to Gary Lorin Darst 2 . Dept. Motor Vehicles License suspension notification to Gary Lorin Darst 3 . Hospital bill to Sherry Gomes 4. Address book (loft dresser) B9-Ten plastic vials (used to package controlled substances) (table) BlOwNumerous 8"x 101, plastic bags (table) BII=Glassware; tubes, vials, beaker, flask, funnel, and pipettes (some contain residue)-(table) B12=Filter mask (table) 813=Large plastic bag with off white powder substance (floor by stairs to loft) 814=1 ml Ampule of Epinephrine (table) C=Stems from Vehicles in driveway: CI=Birth certificate copies for Terry Lee Jones (from Triumph convertible) 00^ ss 00t CL C30 O&A ov 0VW* 01VAams" oj,. or 0""WIVOL DAM 0~ ovjo. 0SHC I T"W too* G7 — 011W Cwai- oceftdotc Conger ra 000W ------ ow a mov.I ft9j /6r PPR-13-1995 1624 rnhITRA COSTA CO SHERIFF 510 313 2?50 P.12 P.O.Sox 391.Martinez,California 9� 3-0039 L C1R'f10 Z Cir Crx�a i Crr+r/tiaaiSGatiort t,p�e0t tia.f --95-9747 Cen Possession of Meth. for Sale- "A-5" f t Vhxm fw„.a4L F K Z paw oft.ft i.fffWor"060. People of the State 4-1t}-9s 33842 - a,44*1 a 1 LAK. 'rjCKW "W* p,SWWWU Wrtr(L F. 103 Trelany Road . Pleasant Hill Covey/Joneomes/Morrow !L RoDwq Qisa�pivec GourrQ+Q.A.ea..r«i Fouruf.Loa SUAsn.Rom Numbv,AMWS,QWIA 18rte+d/t4bi4tanuf0e�urar'a Uo"NUMb0f.SWW NurAbW.1l'k*WUA**w p Lt w*wo Tide+,.Wus.6 deft TaW Low-LIST w FOU ow 4 ORDER Al CwMetwy.Notal'81.}hratry,Q Ooedap.FUM Df Vo;d s;E}Of m fiaq*»nt F)&6q.I V, Q}F kftM c 14 N*60040d 490ft.0 MAW- u.fs.aa,.srra A'rso+r'b f sx msnae.r�i'+i�r+rrai C2=Receipt for Terry Jones (Mazda) C3=Glass vial with cork containing green leaf material. (Mazda) C4=Plastic vial with off white powder substance (suspected methamphetamine) (pickup truck) f is Aoa+ea++st fios,anq O• OC Oo. DOE OL 0o 06R pv t3}* a•+ OVk-- OtWC*d«, Oil. pCOWW L7fto"'+r a, O+= 0"Sm OPLO. OsaC VI�V. a t17.Dar Tw. 0GW% tit t Opus Cdo - Ocorrw.otc. pwen+.r„rot eC 1V��n. Conger 4-� -9� t Ooo�« 20 Sup-.No 12t 22 'yw 8 V%G-.I roof APR-13-1995 16:25 t't•pgTq SHERIFF FF L.J%*nW%WWP9 - ..-. _ 510 313 2?50 P.14 jgSuvta+«n�wt P.Q.Box 391.Martner,CaiMomia 98 3.0039 OHM EJAI. L N0. 1 CRY Cc" taste»/ 4.Osw7 95-9747 Cen Passes et :. a Vk* N&..a 4 P.m 7.AM oap.Repo Emdo�N Np . People of the State 4-11-95 338o2 LAO 1 OT/Lac. 'r%cca:*srrv. Io.SwpWTa NA"p..F.LQ Trelany Road Pleasant Hill Covey.- Michael 7L Prop"osavVOWC inpoune C AWft rod F;NM45.Lai ito+s.osm 0Q"'bW.AFW L Ousef .8ratb/uiki/usnutaCWirofs Mo"WwnW.Saw ku"rr.LRS o„scevw ft u 1 ?W*Taken,WUL Mdu*Tont taw_UST M F0UW0 V4 ORMA A)Cuff W4%l*U&D)Jswey.Q CW&q.Furs o)r'st*dw Q amm spwwftnt it ftoo.TYi OI�'hntas:t4 tbusrAotd Gaodk:0 arse s2.Abi w4weQ lRvpoetrS 13.Nwmf.s/isaMetrr+ea SUPPLEKMTAL REPORT: Due to the shooting that took place during the attempted service of the search warrant, the residence was secured and the search was preempted. As the shooting investigation had taken priority over the service of the search warrant and the fact that tear gas was deployed at the residence making difficult to continue, we did not search the residence until the following day. i During the hours that past, the residence was, and had been secured with barricade tape. Police Off icer(s) remained to guard the residence and maintain scene security. Officers were still present when we returned on 4-11-95 to complete the search of the residence. For further information refer to Pleasant Hill Police Report 95-2423. ,a.a.eau+tiow 1S Ao0ia0ewH Aouo�np Da pc oa► ODE OL 00 O&A pv oPImer►ct aA« Oinwt. oRo. Osmc D t+►..�r cwto. D co wL oir p + s^41 0"tP IT,a./'Tiers rumen Qorw Detective T. Cane 4-13-95 to SWO.No 21.Dow iooa+c a 0W..,'mill APR-13-1995 16:25 CJWM C0STA CO SHERIFF 510 313 2750 P.15 . �t idi: +lJ�t 4V1 tw w�r,i•, ons.es.�. v.......... ❑wa LaRn,. 95-9747 a coo /C FnR LE OF `8�s a v�awn N..i.♦..i P10PU OF = STATE 4/10/95 18402 93.0 �anp Road Pleasant Hill :cMel �t,A,ava�1�virw+c WOW"am.aao.It ftWA s".UM NOMW.*ft.,orr14r.irW141UA aMUNIMUWSUvar<rr�,e�.,SWW M~.vso.�,.a,,,Cwc�veow LM V"W Tauri WV%VWhaM Tial W.NST M es� FOUZW04*MAA Al CAVV .►ii�T Q Owt+�w FW:Q Q Orl"GWJOIer L n 04"Tft l 01 Mama#4 Mo w"hw Ooaft I Wrt i! +vao,aes��Yi u wrrsanr Ww am on 4/10/95, at approximately 1430 hours, I assisted with the service of a search warrant at 103 srelany Road in Pleasant Hill. My assignment was to go to the rear of the residence and secure the area. I approached the gate, which leads to the rear of the residence. I opened the gate and confronted two dogs, who moved out of my path. I turned the southwest corner of the residence (now I was facing east) and observed a white male adult, approximately 61311, 200, with brownish hair. Subject was wearing faded jeans and a multi-colored light reddish flannel shirt. This subject was standing next to an open wooden gate, in the rear of the residence. I yelled to this subject, "Sheriff's Department, put your hands up." r ' As the subject looked in my direction, I saw,' in his hand, what appeared to be an automatic handgun. The subject held_ 3 this ha d n to his stomach in a non-threatening manner. He 3 mmedlately ran into the rear orl-he fenced area, c osing the gate as he fled. when I saw, the handgun, I yelled numerous times, "He has a gun. " Detectives Berendsen and Breckon, who were with me, were also yelling. P ( I immediately took a position of- coverji, thd' backyard and set up a close perimeter. tt AaralMon is AaiMaW teary US DC oa oDE cL as Do nv 13"N""n dvw C3kW=P to 17Ao► Qt'WWW .D•m"VeL C)SM abWARD+ it AW Io.awiFil" ,tyam119s... � D�t'aw�► Q c•�.G ore. .y«+-t sw-V" to.suck•ra PPR-13-1995 16:26 COSTA CC) SER I FF 313 2750 P.16 P.O.Bax 397,Madine.z.CaUf mia 9dv 0039 Omm Omw s. � t�r caf. x crsnn,Cislrxauon +.ofWi�, . a.a.a AL vias ft- a F.so 7.0su 04.iisaoRt a 6nploris Ffa p c o.5 . ,o—9S R AddnM J 1,oG •fioaa+s+as IQ sufpfds R.F.w0 I b TRE .a.i ,�?'!'"3. .0v1z e E'v i�G' �•�G.y�A�*',/, n Plop"b Goa"= +r+v r a d.po***,Od.Found,LAO,Sufth-lana Nu"a.&w*.a""".8rarfC,ixtke,l�tuuttaCsuswr s Modfl M.MW.sfrW m n w.fries Lkscriv m W= iWftv'r,AM Wue,bo*u taW Lots-tl;s!'N FOU.M"Co OM*k Al Currency FW,=BI.Ww*I:G DRQ.NM%Volo K Q Oft*Wulowom F')Radto.TYs.f m RON RIK 04 ft"eg"tioodit Q&OC Y2.RsCgr�ffd i'1o0srgr; I&Nvrtf.r,Satsnrnss {Ni. Ar�?•S �/dlp' L�t� 7�7 d/�•E s� ls1 fa) "T G'o 6-G .+4 .a pe /S rC�E N ! CJS% /�T"•E•+�2 £ r X57. 'uG Ti�r�E c�sr th . > ),P.O IZ z5-0e co/y aI ---�.�►s.�' fes �f-'rr� ..F.ATC Q =-Z) T-- ,m E W>�,�' .0,s t h/E L `1\•`"�',`' ret ''•7C?o L i G G.E r. J '` r3) LGE" .G✓ �' hJ T.Ia.� Cs7! I e rf L L tJ .�2 • ,q n s:sGT >^� T?�•E �d.: ,.. L� 049 Alkeft!S J, P7 U.Oaartauoon 11 Addlaonst Roudno On Oa ODA ODE Ot OO OSR OV O kwwdpsson O►rigor O Msrmtu o i- O Cora w O vro"Iy ac CAM O kora. ORD. O SNC It n0 Npjty o" u. Tin+.Wtiaen ss O fto capum O Camp.ao. O menm Flasrol o/ '%�• S C O oew evinp Uft mf za sva 1 71. z APR-13-1995 1626 rrWRA STA co SHEPIFF 510 313 2?50 P.17 MCoc>Rl+ttAfth P.O.Box 391,Martinez.California 945, 0039 Q Nm s. 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T, Win r � O p-of eaceetn Q Con cc oft ❑usrine sa�ot .�G sale�'!_,S D�1e► >;o ! Suprc t� SuaK No 21. FOAM a 0%04L 1,89y TnTAL P.20 PLEASANT H I LL' Pb PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-01 BCS Class : 4100, Disposition:. A Page: 1 CASE REPORT Section - 1 : PC187/664 2 : PC245 3 : PC451 4 : Level: F Location: 103 TRELANY RD, PLEASANT HILL Beat: 21 Complaint received on 04-10-95 at 13 : 00 Reporting officer: HARPER, JACK ( 156 ) SYNOPSIS 314/SERVING A SEARCH WARRANT - DETERMINED SUBJECT INSIDE WITH A GUN. TRG CALLED OUT AT APPROX. 1435 HRS . PG&E CALLED FOR SMELL OF GAS FROM HOUSE. CODE 33 1421 HRS SUS/COVEY, MICHAEL ROWLAND DOB 10-16-64 . TRANSPORTED TO JOHN MUIR. 3 SUBJECTS IN CUSTODY, TURNED OVER TO CCCSO FOR BOOKING. NAME(S) ***** INVOLVED # 1 Name : JONES, GARRETT Suffix: Race : W Sex: M DOB: 10-01-93 Address : 103 TRELANY RD, PLEASANT HILL, CA 94523 Phone 1 : ( 510 ) 689-5123 Phone 2 : ( 510) - AKA: DDL # : Height: Weight : Hair Color: Eyes : Arrest # : Charges : NTA # : Comments : 314/SON OF MICHELLE AND MICHAEL COVEY ******************************************************************************* ***** INVOLVED # 2 N.--e : RIVERA, NAOMI Suffix: F( a : W Sex : F DOB: 01-20-88 Address : 103 TRELANY RD, PLEASANT HILL, CA 94523 Phone 1 : (510) 689-5123 Phone 2 : ( 510) - AKA: DDL # : Height: Weight: Hair Color: Eyes : Arrest # : Charges : NTA # : Comments : 314/DAUGHTER OF MICHELLE JONES PLEASANT HILL'•PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-01 BCS Class : 4100 Disposition: A Page: 2 NAME(S) ------------------------------- ******************************************************************************* ***** CONTACTED # 1 Name : JONES , MICHELLE LYNN Suffix: Race: W Sex: F DOB: 12-23-67' Address : 103 TRELANY RD, PLEASANT HILL, CA 94523 Phone 1 : ( 510) 689-5123 Phone 2 : (510) - AKA: X Address : 1110 LACEY LN, CONCORD, CA DDL # : C6658343 Height: 506 Weight: 150 Hair Color: BLN Eyes : BRO Arrest # : Charges : NTA # : Comments : 314 ***** CONTACTED # 2 Name : ROBINSON, DOROTHY Suffix: Race : W Sex: F DOB: 03-17-31 Address : Phone 1 Phone 2 : (415) - AKA: DDL # : Height: Weight: Hair Color: Eyes : Arrest # : Charges : NTA # : Comments : 314/PROPERTY OWNER OF 103 TRELANY RD ***** SUSPECT # 1 N--e : COVEY, MICHAEL ROWLAND Suffix: R.*' -.e : W Sex: M DOB: 10-16-64 Address : 103 TRELANY RD, PLEASANT HILL, CA 94523 Phone 1 : ( 510 ) 689-5123 Phone 2 : (510) - AKA: DDL # : U0036413 Height: 604 Weight: 195 Hair Color: BRO Eyes : BLU Arrest # : Charges : NTA # : Comments : 314 PLEASANT HILL, PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-01 BCS Class : 4100 Disposition: A Page: 3 ------------------ - NAME(S) - - - -------------- ******************************************************************************* ***** SUSPECT # 2 Name : GOMES , SHERRY LYNN Suffix: Race : W Sex : F DOB: 06-21-52 Address: 103 TRELANY RD, PLEASANT HILL, CA 94523 Phone 1 : (510)689-5123 Phone 2 AKA: X Address : ___ _ __ _3 DDL # : N3401866 Height: 501 Weight: 120 Hair Color : BRO Eyes : BRO Arrest # : Charges : NTA # : Comments : 314 ***** SUSPECT # 3 Name : MORROW, JAMES LINDSEY Suffix : Race : W Sex : M DOB : 09-21-61 Address : Phone 'hone 2 : ( 510 ) - AKA: Address : DDL # : Height: Weight : Hair Color : Eyes : Arrest # : Charges : NTA # : Comments : 314 NARRATIVE IY77ESTIGATION: . . ON 4-10-95 , THE CONTRA COSTA COUNTY SHERIFF ' S OFFICER NARCOTICS TEAM WERE GOING TO SERVE A SEARCH WARRANT AT 103 TRELANY ROAD IN PLEASANT HILL. A BRIEFING FOR THIS SEARCH WARRANT WAS HELD AT THE OFFICES OF CCNET, THE CENTRAL COUNTY NARCOTICS TASK FORCE. THIS BRIEFING WAS HELD AT ABOUT 1300 HRS , 4-10-95 . SUSPECT COVEY IN THIS CASE WAS WANTED FOR SALES OF NARCOTICS AND HAD A NO BAIL ARREST WARRANT FOR ESCAPE FROM STANISLAUS COUNTY. SEE THE ATTACHED BRIEFING SHEET. THE SEARCH WARRANT WAS EXECUTED AT 103 TRELANY ROAD AT ABOUT 1420 PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-01 BCS Class : 4100 Disposition: A Page : 4 NARRATIVE HRS. AS THE KNOCK AND ANNOUNCE WAS BEING DONE AND AS SEVERAL OFFICERS WERE ENTERING THE BACKYARD OF THE RESIDENCE, THE SUSPECT IN THIS CASE WAS SEEN RUNNING INTO THE HOUSE FROM THE BACKYARD. HE WAS SEEN CARRYING A HANDGUN AT THAT TIME. AN ANNOUNCEMENT WAS MADE TO THE ENTRY TEAM THAT THERE WAS AN ARMED PERSON IN THE HOUSE. AS SUCH, THE ENTRY TEAM BACKED ,OUT AND SET UP A PERIMETER AROUND THE HOUSE. PLEASANT HILL P . D. DISPATCH WAS NOTIFIED AND THE ON-DUTY WATCH COMMANDER, SGT. SCHEMBRA, WAS SENT TO THE SCENE AT ABOUT 1423 HRS . SEE SHERIFF ' S OFFICE CASE NUMBER 95-9747 , FOR FURTHER INFORMATION ON THE SEARCH WARRANT SERVICE. I WAS NOTIFIED OF THIS SITUATION BY LT. HORGAN. I THEN WENT TO THE FRONT OFFICE TO MONITOR DISPATCH AND OFFER ANY ASSISTANCE. WHILE I,4,THE FRONT OFFICE I SAW AND HEARD A TELEPHONE CONVERSATION B--WEEN CPL. THOMPSON ASKING THE PERSON TO PUT THE GUN DOWN AND W._ ,K). OUTSIDE TO THE OFFICERS . AT ONE POINT I HEARD CPL.-- THOMP-S TELL` THE SUSPECT THAT HE WOULDN' T BE HURT..:`-° I THEN HEARD THOMPSON ECHO THE SUSPECT' S STATEMENT THAT HE WANTED TO BE HURT. 1 _ AFTER I HEARD THIS I RESPONDED TO THE COMMAND POST WC.H---HAD''B EN SET UP AT THE GRAND AUTO STORE AT THE CORNER'0`F TRELANY AND CONTRA COSTA BLVD. AT THAT TIME I MET WITH LT. HORGAN AND LT-. S.IMPSON-.-- _,t. THE DEPARTMENT COMMAND VAN ARRIVED AND THE--COMMAND POST -WAS -SET "UP. THE VAN WAS PARKED FACING WEST ON TRELANY ABOUT 100 FEET WEST OF CONTRA COSTA BLVD. FROM THIS LOCATION E COULD SEE THE GARAGE AND PARTS OF THE BACKYARD OF 103 TRELANY. AT SOME POINT THE DEPARTMENT TRG, TACTICAL RESPONSE GaOUP, TEAM WAS SENT FOR AND SGT. SHABAZZ BEGAN TELEPHONE NEGOTIATIONS WITH THE S'JUST-ECT FROM THE PLEASANT HILL P. D. OFFICES . �W.. LE AT THE COMMAND 'POST MY ATTENTION WAS DRAWN TO A WOMAN WHO SAI.D_.THAT SHE WAS 3E---PROPERTY-OWNER OF 103 TRELANY. I SPOKE WITH CONTACT ROBINSON W O DID TELL ME THAT1,SHE OWNED THE HOUSE AND THAT SHE WAS TRYING TO ;tVICT THE TENANTS . AT MY REQUEST CONTACT ROBINSON DREW A BRIEF MAP LAYOUT OF HE HOUSE SHOWING DOORS AND WINDOWS . SHE ALSO TOLD----mE-W-H-E E GAS METER WAS. SHE ALSO TOLD ME THAT THERE WAS A GAS CLOTHES DRYER IN THE HALLWAY THAT WAS HOOKED UP TO A PROPANE TANK. TELEPHONE NEGOTIATIONS WITH THE SUSPECT CONTINUED THROUGHOUT THE AFTERNOON. SEVERAL TIMES WE WERE TOLD THAT HE WAS GOING TO COME PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-01 BCS Class : 4100 Disposition: A Page: 5 NARRATIVE OUT. AT ONE POINT HE TOLD SGT. SHABAll THAT HE HAD EXPLOSIVES STRAPPED TO HIS WAIST AND COULDN' T GET THEM OFF. A DIFFERENT TACTIC WAS THEN TRIED. SGT. SHABAZZ RESPONDED TO THE COMMAND POST. HE THEN WENT TO THE HOUSE AND TRIED TO COMMUNICATE WITH THE SUSPECT USING A BULLHORN. THIS ALSO FAILED TO GET THE 'SUSPECT TO COME OUT OF THE HOUSE . COMPLICATING MATTERS WAS THE INFORMATION FROM PERIMETER MEMBERS OF THE ODOR OF SOME TYPE OF GAS EMITTING FROM THE HOUSE . THERE WAS ALSO SEEN SOME TYPE OF VAPOR, FUMES OR SMOKE COMING FROM THE CHIMNEY OF THE HOUSE . IT WAS UNKNOWN IF THE GAS SMELL WAS NATURAL GAS OR PROPANE . BECAUSE OF THESE CONCERNS, THE FIRE DEPARTMENT AND AMBULANCE STOOD BY THROUGHOUT THE INCIDENT. THEY BOTH WERE STAGED IN THE PARKING LOT OF GRAND AUTO. I T—RE WAS CONTINUOUS ATTEMPTED NEGOTIATIONS WITH THE SUSPECT FROM ABOUT 1430 UNTIL ABOUT 1850 HRS . DISCUSSIONS AT THE COMMAND POST NOW CENTERED AROUND A TACTICAL MOVE TO EFFECT THE ARREST OF SUSPECT COVEY. DARKNESS WAS APPROACHING AND THERE ARE NO STREET LIGHTS IN THIS AREA MAKING SURVEILLANCE OF THE HOUSE VERY DIFFICULT. A DECISION WAS MADE TO USE THE TRG TEAM TO INTRODUCE TEAR GAS INTO THE BACK OF THE HOUSE IN AN ATTEMPT TO FORCE THE SUSPECT OUT THE FRONT OF THE HOUSE . THE TRG TEAM MEMBERS AND THEIR RESPECTIVE ASSIGNMENTS WERE AS FOLLOWS : 1 . SGT. SKINNER - TEAM LEADER 2 . OFFICER CLARK - BALLISTIC SHIELD 3 . OFFICER THOMAS - TEAR GAS INSERTION 4 . OFFICER LAUDERDALE - WINDOW BREACH 5 . OFFICER SEGRAVES - REAR COVER 6 . OFFICER FOREMAN - SECURE BREEZEWAY 7 . OFFICER SENST - FRONT ARREST TEAM 8 . OFFICER SPENCER - FRONT ARREST TEAM PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-01 BCS Class : 4100 Disposition: A Page : 6 NARRATIVE IN ADDITION TO OFFICERS SENST AND SPENCER AS THE ARREST TEAM, THERE WAS FOUR DEPARTMENT OF JUSTICE, BNE AGENTS STAGED NEAR THE FRONT OF THE RESIDENCE. IF THE SUSPECT CAME OUT THE FRONT, THE ARREST TEAMS WERE TO EFFECT THE ARREST. AT ABOUT 1857 HRS , THE TRG TEAM MOVED TOWARDS THE HOUSE AND STAGED BEHIND A VAN PARKED JUST EAST OF THE HOUSE. AT THIS TIME ANOTHER PHONE CALL WAS MADE TO THE HOUSE. THERE WAS NO ANSWER AND THE TRG TEAM WAS TOLD TO ADVANCE . OFFICERS SENST AND SPENCER TOOK A POSITION IN FRONT OF THE GARAGE WHILE THE REMAINING TEAM MOVED IN FILE BETWEEN THE EAST SIDE OF THE GARAGE AND THE EAST FENCE. THEIR DIRECTION WAS TOWARDS THE REAR MOMENTS LATER AN EXPLOSION WAS HEARD AND SMOKE WAS SEEN AROUND THE HOUSE . THEN, A SUCCESSION OF GUN FIRE WAS HEARD. RADIO TRAFFIC INDICATED THAT THE SUSPECT MAY BE DOWN BUT STILL ARMED AND MOVING. SEVERAL MOMENTS LATER SGT. SKINNER SAID THAT THERE WAS A FIRE IN THE HOUSE . SEVERAL MINUTES AGAIN ELAPSED UNTIL WE WERE ADVISED TO SEND IN FIRE AND AMBULANCE. WE HAD TWO AMBULANCE AND THREE FIRE TRUCKS STANDING BY BUT ONLY SENT ONE FIRE TRUCK AND ONE AMBULANCE TO THE SCENE . THE OTHERS STOOD BY AT GRAND AUTO. SGT. SCHEMBRA AND I WERE ASSIGNED TO ACCOMPANY THE FIRE CREWS INTO THE SCENE FOR THEIR PROTECTION. HE AND I RAN TO THE SCENE FROM THE COMMAND POST. JUST AS WE WERE ARRIVING I SAW OFFICERS DRAGGING_ THE,. ,, -- SUSPECT AWAY FROM THE HOUSE TOWARDS THE STREET. HE APPEARED TO SEMI-CONSCIOUS AT THAT TIME. I STARTED TO ENTER THE BREEZEWAY WITH T"7 FIREMEN WHEN I SAW WHAT APPEARED TO BE CLOTHING ITEMS ON FIRE S. _NG THROWN FROM THE SIDE DOOR. I SOON BECAME OVERCOME BY TEAR GAS AND HAD TO RETREAT TO THE FRONT OF THE HOUSE. THE FIREMEN WERE WEARING AIR PACKS AND APPEARED TO BE IN NO DANGER FROM OTHER SUSPECTS AT THE SCENE . THE SCENE WAS UNDER CONTROL AT APPROXIMATELY 1913 HRS . THE SUSPECT WAS TENDED TO BY CREWS FROM AMR AMBULANCE. HIS CLOTHING WAS REMOVED AT THE COMMAND POST AND WAS TAKEN BY DEPUTY TOM CONGER. THE SUSPECT WAS THEN TAKEN TO JOHN MUIR HOSPITAL. HE WAS SUFFERING FROM WHAT APPEARED TO BE SEVERAL GUNSHOT WOUNDS . PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-01 BCS Class : 4100. Disposition: A Page: 7 NARRATIVE AT THE SCENE IT WAS DETERMINED THAT SGT. SKINNER HAD FIRED HIS HANDGUN AND OFFICER FOREMAN HAD FIRED HIS MP-5 AUTOMATIC WEAPON DURING THE ACTION. THESE WEAPONS WERE TAKEN FROM THESE OFFICERS AT THE SCENE. THE UNIVERSITY OF CALIFORNIA BOMB SQUAD HAD BEEN STANDING BY AT THE COMMAND POST AND ONCE THE SCENE WAS SECURED, THEY CAME AND INSPECTED THE INTERIOR OF THE HOUSE FOR ANY EXPLOSIVES . A FAKE BOMB WITH HIGHWAY FLA_R5_..TAPED-_T-QG=ER WITH A SMALL ELECTRIC CIRCU C,AiR'-D--WAS FOUND ON A BED IN THE HOUSE. THIS WAS REMOVED FROM THE HOUSE . NO OTHER EXPLOSIVES WERE FOUND. SEE THE ATTACHED REPORT BY THAT AGENCY. THE COUNTY OFFICER INVOLVED PROTOCOL WAS INITIATED AND DEPUTY L. TRICT ATTORNEY ROBERT HOLE RESPONDED TO THE SCENE . HE REQUESTED THAT THE SCENE BE SECURED AND ALL PARTICIPATING OFFICERS AND PERSONNEL RESPOND TO PLEASANT HILL P . D. THIS WAS DONE AND ALL PARTICIPANTS RETURNED TO PLEASANT HILL P. D. I WAS ASSIGNED THE INVESTIGATION IN THIS CASE. ONCE BACK AT PLEASANT HILL P . D. I WAS ADVISED THAT OFFICER LAUDERDALE HAD ALSO FIRED HIS WEAPON AT THE SCENE . AS SOON AS I FOUND THIS I TOOK HIS FIREARM FROM HIM. STEVE OJENA AND RICHARD SCHORR FROM THE CRIME LAB HAD RESPONDED TO PLEASANT HILL P. D. AND I TURNED THIS FIREARM OVER TO THEM. AT PLEASANT HILL P . D. PARTICIPANTS WERE ASSEMBLED IN THE DEPARTMENT TRAINING ROOM. THIS WAS NOT A DEBRIEFING BUT WAS AN ACCOUNTING OF PERSONNEL AND THEIR ACTIONS . THE FOLLOWING PERSONNEL FROM THEIR RESPECTIVE AGENCIES WERE INVOLVED . A BRIEF DESCRIPTION OF L" .0LVEMENT IS NOTED. PLEASANT HILL P. D. MEMBERS : 1 . TRG MEMBERS AND THEIR ASSIGNMENTS ARE LISTED ABOVE. vj 2 . OFFICER WILDES : SEARCH WARRANT - REAR W 3 . SGT. SHABAZZ : HOSTAGE NEGOTIATOR 4 . LT. HORGAN: TRG COMMANDER PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-01 BCS Class : 4100 Disposition: A Page: 8 -------------------------= NARRATIVE --------------------------------- 5 . LT. SIMPSON: INCIDENT COMMANDER 6 . CHIEF NUNES : COMMAND POST 7 . CAPT. MARTELL: COMMAND POST 8 . SGT. HARPER: COMMAND POST 9 . SGT. SCHEMBRA: WATCH COMMANDER 10 . OFFICER FRANK: OUTSIDE PERIMETER 11 . CPL. THOMPSON: TALKED TO SUSPECT AT 1430 HRS OFFICER JUNG: OUTSIDE PERIMETER 13 . OFFICER ENEA: SEARCH WARRANT - REAR AND PERIMETER O 14 . CPL. CRINER: SEARCH WARRANT - SIDE YARD - REMOVED FEMALE 15 . OFFICER PRATT: OUTER PERIMETER - WENT WITH SUSPECT TO HOSPITAL ` CONTRA COSTA COUNTY SHERIFF ' S OFFICE �j` 1 . SGT. NICHOLS : SEARCH WARRANT ENTRY 2 . DEPUTY CONGER: SEARCH WARRANT KNOCK AND NOTICE AND FRONT k PERIMETER 3 . DEPUTY RUSSELL: SEARCH WARRANT REAR - SAW SUSPECT WITH GUN 4 . DEPUTY CAMPIZZI : INNER PERIMETER 5 . CAPT. HENDERSON: COMMAND POST 6 . DEPUTY CAMPBELL: COMMAND POST SUPPORT 7 . MCELRAVY: COMMAND POST SUPPORT 8 . DEPUTY BEARDSLEY: COMMAND POST SUPPORT PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-01 BCS Class : 4100 Disposition: A Page: 9 NARRATIVE CCNET 1 . COMMANDER MOUNTAIN: COMMAND POST 2 . OFFICER WILDES : SEARCH WARRANT REAR 3 . OFFICER BERENDSON: EARCH WARRANT SIDE YARD - SAW SUSPECT WITH GUN ALSO SAW SHOOTING 4 . OFFICER BRECKON:` SEARCH WARRANT - SAW SUSPECT WITH GUN ALSO SAW SHOOTING __i` OFFICER DAHLSTROM: INNER PERIMETER 6 . OFFICER SHULTZ : LATE ARRIVAL. PERIMETER 7 . OFFICER CALVERT: INNER PERIMETER WITH DAHLSTROM STATE DEPARTMENT OF JUSTICE - ENE 1 . SUPERVISING AGENT DUDKIEWICZ : INNER PERIMETER - SAW SUSPECT WITH GUN 2 . AGENT NISHIYAMA: SEARCH WARRANT ENTRY - INNER PERIMETER 3 . AGENT PRENTISS : SEARCH WARRANT SECOND AT DOOR - SAW SHOOTING q AGENT BOWERS : SEARCH WARRANT THIRD AT DOOR - SAW SUSPECT l 5 . AGENT JUE: SEARCH WARRANT FOURTH AT DOOR —PERIMETER FRONT ALL PARTICIPANTS WERE DRESSED JUST AS THEY WERE FOR THE OPERATION AND THE CRIME LAB TOOK PHOTOS OF EVERYONE IN THESE CLOTHES AND UNIFORMS . ONCE WE IDENTIFIED ALL OF THESE PERSONS, WE THEN LOOKED AT THEIR INVOLVEMENT AND PRIORITIZED INTERVIEWS . THOSE WITH THE MOST INVOLVEMENT RECEIVED A HIGHER PRIORITY. THOSE INVOLVED IN THE PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-01 BCS Class : 4100 Disposition: A Page : 10 NARRATIVE SHOOTING OR WITNESSED THE SHOOTING WERE TO BE INTERVIEWED IMMEDIATELY. DISTRICT ATTORNEY' S INVESTIGATORS JOHN WASSON, TED SPIRO, TOM LEARY AND PAT FARRELL ALL CAME TO PLEASANT HILL P.D. TO ASSIST IN THE INVESTIGATION. INTERVIEW TEAMS WERE MADE AND ASSIGNED INTERVIEWS BY PRIORITY. THE FOLLOWING INTERVIEW TEAMS WERE MADE. BELOW THE TEAM IS LISTED THE NAMES OF THE PEOPLE THEY WERE TO INTERVIEW THIS NIGHT. JOHN WASSON / DOUG THOMPSON BERENDSON RUSSELL BRACKON TED SPIRO / JOHN PRATT ALVIN DOYLE OTHER NEIGHBORS ON TRELANY ROAD PAT FARRELL / LARRY CRINER CONGER WILDES RUSSELL NISHIYAMA SPENCER PRENTISS BOB HOLE / JACK HARPER S" NNER FU&EMAN LAUDERDALE TOM LEARY / PETE ENEA GOMES MORROW JONES PRENTISS PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-01 BCS Class : 4100 Disposition: A Page : 11 NARRATIVE PRIOR TO THE INTERVIEWS I CONTACTED SKINNER, FOREMAN AND fr LAUDERDALE. I INFORMED THEM THAT THE DEPARTMENT WAS REQUESTING .THAT THEY VOLUNTARILY SUBMIT TO ALCOHOL AND DRUG SCREENING. I ALSO INFORMED THEM THAT THEY HAD THE RIGHT TO REFUSE SUCH TESTS . ALL ic✓� AGREED TO TAKE THE TESTS . THE TESTS WERE ADMINISTERED BY A B .A. D. 1. NURSE AND THE SAMPLES WERE PLACED INTO EVIDENCE BY CAPTAIN MARTELL. BOB HOLE AND MYSELF THEN CONDUCTED SEPARATE INTERVIEWS WITH SGT. SKINNER AND OFFICERS FOREMAN AND LAUDERDALE . THE INTERVIEWS WERE DONE IN THAT ORDER WITH THEIR REPRESENTATIVE MR. BURDICK PRESENT IN THE ROOM. THESE INTERVIEWS WERE AUDIO TAPE RECORDED. SGT. SKINNER WAS ASKED TO PROVIDE A NARRATIVE OF HIS EXPERIENCE AS A-* .,.. 'DLICE OFFICER AND HIS EXPERIENCE IN TACTICAL SITUATIONS . HE WAS ThEN ASKED FOR A NARRATIVE OF HIS ACTIONS THIS EVENING . THE FOLLOWING IS A SUMMARY OF HIS STATEMENT STARTING WITH WHEN THE TRG TEAM MOVED UP TO THE HOUSE: SGT. SKINNER SAID THAT AFTER THE TRG TEAM MOVED TO THE BACK OF THE HOUSE, HE AND FOREMAN HAD THE TASK OF SECURITY OF THE SIDE DOOR LEADING TO THE BREEZEWAY. ONCE THE GAS WAS DEPLOYED HE HEARD HEAVY FOOTSTEPS RUNNING THROUGH THE HOUSE . HE SAID THAT IT SOUNDED AS IF THE FOOTSTEPS WERE HEADING IN HIS DIRECTION. HEENHEARD THE SIDE DOOR CREAK AS IF BEING OPENED. IT WAS AT THIS POINT THAT HE DEPLOYED A FLASH-BA IN AN EFFORT TO DISTRACT THE SUSPECT AND FORCE HIM 0T THE F OF THE HOUSE. HE SAID THAT A MOMENT ELAPSED AND HE THEHE SUSPECT COMING OUT OF THE SIDE DOOR. THE SUSPECT WAS LOOKING TOWARDS HIS LEFT TO THE F-7 NT OF THE HOUSE' . AS HE WAS DOING THIS , TERRY FOREMAN CALLS OUT TL THE SUSPECT TO "DROP THE GUN, DROP THE GUN. " THE SUSPECT THEN TURNS IN A CROUCHING MOTION AND STARTED TO RAISE THE GUN TOWARDS FOREMAN. THIS IS WHEN FOREMAN FIRED AT THE SUSPECT. THE SUSPECT THEN GOES OUT OF SIGHT INTO THE DOORWAY. SKINNER THEN SAYS THAT HE MANAGED TO PULL SOME BOARDS OFF OF THE FENCE WHEN THE SUSPECT CAME BACK OUT AND POINT�Q_,-TffE__GM"T HIM AND SKINNER FIRED ONCE . HE DID NOT KNOW IF HE �r-'THE SUSPECT\WITH THE HI SHOT OR NOT. THE SUSPECT THEN DROPS ONTO I 'S HINDQUARTERS iN THE DOORWAY WITH HIS LEGS EXTENDED OUT ONTO TIE PORCH. THE SUSP I ,ECT THEN DRAWS HIS LEGS BACK IN. ALL THIS WHILE--S-K­INNZ2 AND--FOT-1,EMAN PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASIA Disposition: C Case Number: C95-002423-01 BCS Class : 4100 Disposition: A Page: 12 NARRATIVE ARE YELLING TO THE SUSPECT TO THROW THE GUN OUT, THROW THE GUN OUT. THE SUSPECT THEN STARTED GETTING UP AND YELLING "FUCK YOU, FUCK YOU, KILL ME, KILL ME. I ' LL KILL YOU. THE SUSPECT THEN COMES OUT AGAIN AND SHOOTS HIS GUN. SKINNER SAID THAT THE SUSPECT APPEARED TO BE AIMIN HE DID NOT KNOW ;W E THIS ROUND WENT. SKINNER THEN FIRED HIS GUN AGAIN AT THE SPEC WHO THEN WENT DOWN HARD ON THE PORCH. HE WAS AGAIN IN THE HRL OF THE DOOR WITH HIS LEGS BENT AT THE KNEES, LYING ON HIS B K. INNER AND FOREMAN CONTINUED TO YELL TO THE SUSPECT TO THROW T UN OUT. rte_ OFFICER LAUDERDAL T D AT SOME POINT. SKINNER SAID"THAT THE —01 5.' PECT FIRE CE; ONCE IN THE DIRECTION OF FOREMAN AND ONCE IN `�` THE DIR ON OF SKINNER. SKINNER SAID THAT HE FIRED TWICE ':_ ' " a SKIN S ID THAT ONE OF HIS ROUNDS WAS FIRED THROUGH THE FgNCE AND HIS , ECO D ROUND WAS FIRED THROUGH THE OPENING IN THE FEN THAT HE HAD MADE , Y-P-ULL--I-NG--T-H-E--B4DARDS._OF THE SUSPECT IS NOW DOWN AND THE OFFICERS ARE YELLING TO HIM TO THROW THE GUN OUT AND THE SUSPECT REPLIES, "FUCK YOU, FUCK YOU, � P KILL ME . " SKINNER SAID THAT WHEN THE SUSPECT CAM OUT HE SAW SOMETHING WRAPS ,A O'0VD THE GUN AND THE SUS CT' S HT HAND. HIS FIRST < IM iESSION 'W ,S THAT IT WAS A LEATH R THONG. HE DIDN'T KNOW IF IT W S RAWHIDE OR NOT, BUT IT WAS DAR LOR. AT SOME POINT THE SU ECT S D THAT HE COULDN'T THROW THE GUN OUT BECAUSE IT WAS TIED ND. I f ... TOS.. A.L THIS POINT OFFICER SEGRAVES ARRIVES WITH SKINNER. FROM THEIR VANTAGE POINT THEY CAN ONLY SEE THE SUSPECT' S LOWER TORSO AND LEGS . BECAUSE OF THIS, SKINNER SENT SEGRAVES TO THE EAST SIDE OF THE FENCE WHERE HE PULLS DOWN SOME BOARDS TO GET A BETTER LOOK AT THE SUSPECT. IT WAS AT THIS POINT THAT THE SUSPECT TOSSED THE GUN OUT � i f QN�HE PORCSKINNER SAID THAT THIS GU kS--PHR1MM APPEARED BE THE SAME ONE THAT THE SUSPECT HELD IN HIS HAND. t � C SEGRAVES THEN YELLED THAT THE SUSPECT' S HANDS WERE FREE. TWO ; OFFICERS THEN BREAK DOWN A FORTIFIED GATE AND RUSH UP TO THE SUSPECT. THERE IS A FIRE INSIDE THE HOUSE VERY CLOSE TO THE PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-01 BCS Class : 4100 Disposition: A Page : 13 NARRATIVE --------------------_-____--____- ----------------- -------------- SUSPECT. THE OFFICERS PULL THE SUSPECT FROM THE HOUSE AND HANDCUFF HIM AND PULL HIM OUT TO THE STREET. -r.r_,` ONCE SKINNER FINISHED HIS NARRATIVE, SEVERAL QUESTIONS WERE ASKED OF HIM TO CLARIFY HIS STATEMENT. ONCE THE STATEMENT WAS CONCLUDED, ALL FOUR OF US IN THE INTERVIEW THEN WENT TO 103 TRELANY WHERE SKINNER SHOWED US THE LOCATIONS RELEVANT TO HIS STATEMENT. WE THEN RETURNED TO THE STATION. WE THEN INTERVIEWED OFFICER FOREMAN IN THE SAME MANNER. THE FOLLOWING IS THE SUBSTANCE OF THAT INTERVIEW: FOREMAN SAID THAT HE WAS TO TAKE UP A PERIMETER POSITION ALONG THE SOUTH FENCE TARPED PATIO AREA. HE SAID THAT THERE IS A DOOR THAT q.- -ES OUT THE EAST SIDE OF THE HOUSE. HE WAS SUPPOSED TO COVER THE D%,jR. HE HAD A VISUAL ON THIS DOOR THROUGH A CRACK IN THE FENCE. HE SAID THAT AFTER THE GAS WAS INSERTED INTO THE HOUSE HE HEARD RUNNING INSIDE THE HOUSE TOWARDS THE DOOR THAT HE WAS COVERING. IT WAS AT THIS TIME THAT SKINNER THREW A FLASH-BANG. THE SUSPECT THEN CAME OUTSIDE AND HE SAW THE SUSPECT WAS CROUCHING AND CARRYING A GUN IN HIS RIGHT HAND. FOREMAN SAID HE IS NOT SURE BUT HE THINKS HE PULLED A B_C RD OR BOARDS FROM THE FENCE SO HE COULD SEE BETTER. FOREMAN THEN YELLED TO THE SUSPECT AT WHICH TIME THE SUSPECT BEGAN TO RAISE THE GUN IN FOREMAN' S DIRECTION. THIS IS WHEN HE FIRED AT THE SUSPECT. HE DID NOT KNOW HOW MANY ROUNDS HE FIRED BUT THE SUSPECT WENT DOWN. F R N SAID TM-T3 DU=IgOT—SEE�Tn UPPER TORSO OF THE SUSPECT WHO WAS YELLING FOR THEM TO KILL HIM. HE SAID THAT HE THOUGHT __THAT THE SUSPECT THEN__F_1RED A ROUND. FOREMAN SAID T1"NT HE THEN FIRED HIS GUIT AGAINtA�. . HE SAID THAT BOTH HE AND SKINNER WERE YELLING TO THE SUSPECT TO o THROW THE GUN OUT. HE SAID THAT HE THEN SAW SKINNER FIRE HIS GUN C: �s AND THEN YELL TO THE SUSPECT "WHY DID YOU MAKE ME DO THIS . " OFFICER LAUDERDALE WAS ALSO THERE BUT�FOREI4AN SAID THAT;HE DID NOT FIND OUT THAT LAUDERDALE HAD FIRED HIS WEAPON UNTIL THEY WERE BACK AT THE STATION. FOREMAN THEN HEARD THE SUSPECT SAY THAT HE COULD NOT THROW THE GUN OUT BECAUSE IT WAS TIED TO HIS HAND. HE CONTINUED TO SAY "SHOOT ME, SHOOT ME . " rj -~ �`xAll t �1 '' k PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case.- Number: C95-002423-01 BCS Class : 4100 Disposition: A Page: 14 NARRATIVE FOREMAN SAID THAT HE DIDN' T KNOW HOW MANY ROUNDS HE FIRED AND THE A-,{ SUSPECT WAS STILL ARMED SO HE ASKED FOR ANOTHERGAZINE. HE WAS HANDED ANOTHER MAGAZINE AND HE DROPPED THE ORIGINARAGA-Z-1NE'�-T0:TSE GROUND. HE TRIED TO PUT THE NEW CLIP IN THE GUN BUT COULDN'T GET � ;"`"'� IT TO FEED. HE DROPPED THAT CLIP AND PUT THE ORIGINAL BACK IN BUT DIDN'T FIRE ANY MORE SHOTS. THEN SEGRAVES OPENED UP A PLACE IN THE EAST FENCE SO HE COULD SEE THE SUSPECT BETTER. SENST AND SPENCER THEN BROKE DOWN A FORTIFIED GATE IN THE BREEZEWAY AND ENTERED THE PATIO FROM THE FRONT. HE SAID THAT AS SPENCER AND SENST CAME IN HE SAW�THE GUNyQN EITHER SENST OR SPENCER PICKED T9E ON UP. FOREMAN THEN WENT" INTO THE HOUSE TO SEE IF ANYONE ELSE WAS INSIDE, THERE WAS VT , FOREMAN SAW A FIRE INSIDE THE DOOR. HE ALSO SAW WHAT APPEARED TO BE A PROPANE TANK NEXT TO THE FIRE. HE THEN CALLED FOR THE FIRE DEPARTMENT TO COME IN. FOREMAN SAID HE THEN LOOKED THROUGH THE HOUSE AND FOUND WHAT APPEARED TO BE AN EXPLOSIVE DEVICE ON A BED IN THE BEDROOM. HE THEN CALLED IN THE BOMB SQUAD WHO FOUND THE DEVICE TO BE FAKE. ONCE AGAIN SEVERAL QUESTIONS WERE ASKED OF FOREMAN AND WE THEN WENT BACK TO 103 TRELANY AND WALKED THROUGH THAT SCENE WITH HIM. NEXT TO BE INTERVIEWED WAS OFFICER LAUDERDALE. HE WAS INTERVIEWED IN THE SAME MANNER AND THE FOLLOWING IS THE SUBSTANCE OF THAT INTERVIEW: 1_4 H. . JOB ON THE TACTICAL ENTRY WAS TO BREAK THE WINDOWS TO ALLOW `��' , - INSERTION OF THE GAS . HE DID THIS BUT OFFICER THOMAS HAD TROUBLE GETTING THE GAS GRENADE INTO THE LAST WINDOW. OFFICER LAUDERDALE USED AN EXTRA CANISTER AND PUT IT INTO THE WINDOW. HE THEN WAITED FOR THE GAS TO DISPERSE WHILE HE HEARD THE FLASH-BANG GO OFF. HE THEN HEARD SKINNER OR FOREMAN YELLING TO THE SUSPECT. LAUDERDALE THEN HEARD SHOTS FIRED FROM FOREMAN' S DIRECTION. HIS IMPRESSION WAS THAT THEY WERE ROUNDS FROM FOREMAN' S MP-5 . LAUDERDALE THEN WENT TO FOREMAN' S LOCATION AND GOT BETWEEN SKINNER ' AND FOREMAN. HE THEN HEARD A SHOT COME FROM THE BACK DOOR OF- THE PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-01 BCS Class : 4100 Disposition: A Page : 15 NARRATIVE -------- rte, RESIDENCE. LAUDERDALE SAID THAT HE THEN FIRED 2 OR 3 SHOTS AT THE BACK DOOR OF THE HOUSE. T HE SAID THAT THEN THERE WAS MORE TALKING AND HE COULD HEAR THE SUSPECT SAYING "SHOOT ME . " THEN A SECOND ROUND CAME FROM THE DOORWAY AND HE SHOT TWO OR THREE MORE ROUNDS TOWARDS THE DOORWAY AT THE SAME TIME AS OTHER OFFICERS NEXT TO HIM. HE DID NOT KNOW WHO. THE GAS THEN BEGAN TO AFFECT THE OFFICERS AND HE WAS DIRECTED TO MOVE AWAY FROM THE FENCE AND PUT HIS GAS MASK ON. HE DID THIS AND RETURNED TO THE FENCE. SKINNER WAS TELLING THE SUSPECT TO GIVE UP AND THROW THE GUN OUT. THE SUSPECT CONTINUED TO SAY "KILL ME, SHOOT ME. " ._._.._. _. � - -IDERDALE THEN BEGAN KICKING OUT PLANKS IN THE FENCE TO GET A B-2TER VIEW WHEN HE SAW FOREMAN HAVING TROUBLE RELOADING. HE THEN PULLED THE BACK GATE OPEN TO ALLOW ACCESS TO THE PATIO. HE THEN RETURNED TO HIS SPOT AT THE FENCE BETWEEN FOREMAN AND SKINNER. SEGRAVES THEN WENT TO THE EAST SIDE OF THE FENCE AND BEGAN REMOVING PLANKS OF THIS FENCE TO GET A BETTER VIEW. LAUDERDALE SAID HE COULD ONLY SEE THE SUSPECT FROM THE WAIST DOWN. HE THEN HEARD THE SUSPECT SAY THAT HE COULDN' T THROW THE GUN OUT BECAUSE IT WAS TIED TO HIS HAND. FINALLY HE HEARD THE GUN COME OUT. SEGRAVES SAID THAT HE COULD SEE THE GUN. I� TSL AZ---AT--TH-I-S--TIME'�THAT OTHER OFFICERS CAME IN THE FRONT AND WERE ABLE TO HANDCUFF AND PULL THE SUSPECT OUT TO THE FRONT. LAUDERDALE SAID HE COULD SEE FLAMES INSIDE THE DOORWAY. AFTER THE STTgPECT WAS REMOVED, OFFICERS DID WHAT THEY COULD TO EXTINGUISH THE i _MES WHILE WAITING FOR THE FIRE DEPARTMENT. AFTER THE CONCLUSION OF LAUDERDALE ' S INTERVIEW I TOOK HIM TO THE SCENE AND HE SHOWED ME THE LOCATION RELATIVE TO HIS STATEMENT. WE THEN RETURNED TO PLEASANT HILL P . D. THE NAMES OF THE AMBULANCE CREWS AND THEIR SUPERVISOR ARE AS FOLLOWS : THE SUPERVISOR FOR AMR WAS THOMAS MCKENZIE . THE TRANSPORTING UNIT #56 WAS AMANDA AREND AND CHRISTINE MAGLEY. THE STANDBY UNIT #49 PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-01 BCS Class : 4100 Disposition: A Page: 16 NARRATIVE WAS JEFF RAMIREZ AND CARMINE CHEESEMAN. CONSOLIDATED ENGINE 5 RESPONDING UNIT WAS' CAPTAIN RON DALTON, OFFICERS LARRY NUNES, ROBERT AVINA AND DARIN PETERSON. BATTALION CHIEF WAS CLARK WALKER. RESPONDING UNIT ENGINE 1 WAS RONALD GESNER, STEVEN GLAHOLT AND JOSEPH HICKEY. STANDBY ENGINE 10 WAS WILLIAM HESS , THOMAS FISCHER AND LOUIS MANZO. I WAS ASSISTED IN THIS INVESTIGATION BY DETECTIVE K. MOORE WHO ASSISTED IN THE TAKING OF FURTHER FOLLOW UP INTERVIEWS. I a'E" CONDUCTED ONE ADDITIONAL INTERVIEW WITH AGENT DALE JUE OF THE BUREAU OF NARCOTICS ENFORCEMENT. THIS WAS DONE AT APPROXIMATELY 1400 HRS , ON APRIL 14 , 1995 : A' -'NT JUE SAID THAT ON THE INITIAL SERVICE OF THE SEARCH WARRANT HE Wti.j SUPPOSED TO BE, N __FQURTH PERSON INSIgq_THE__,FRONT DOOR. HE SAID HE F NEVER GOT TO THE ROT -PORCH"BEFORE THE ALERT WAS S=ibED FOR THE MAN WITH THE GUN. HE BACKED OUT AND WAS ON PERIMETER SECURITY UNTIL THE END OF THE INCIDENT. HE DID NOT SEE THE SUSPECT WITH THE GUN AND DID NOT SEE THE SHOOTING. WHEN THE SHOOTING HAPPENED HE WAS ACROSS THE STREET BEHIND A ,VAN. HE COULD OFFER NOTHING FURTHER IN THIS CASE . ON 4-14-95 , AT APPROXIMATELY.. 1530 HRS , I MET JUDGE KOLIN AT JOHN MUIR HOSPITAL IN WALNUT CREEK:: WE MET `IN^FRONT UP-ROOK-748-1`:'-"THIS IS 'I'H-E—ROOM- OCCUPIED BY'SUSPECT COVEY. WE THEN ENTERED THE ROOM WHERE JUDGE KOLIN HELD THE ARRAIGNMENT OF SUSPECT COVEY. A COPY OF THAT COMPLAINT IS ATTACHED. ON 4-14-95 , I WAS ADVISED BY RICH SCHORR OF THE CRIME LAB THAT IN TL'— CRIME SCENE SEARCH HE FOUND A NOTE LEFT BY THE SUSPECT IN THIS G: ,E . HE ALSO FOUND THAT THE SUSPECT HAD MADE A VIDEO TAPE OF HIMSELF THAT WAS APPARENTLY TAKEN BEFORE THE ASSAULT BY THE TRG TEAM. ON 4-17-95 , I PICKED UP THIS TAPE FROM THE CRIME LAB AND REVIEWED IT. IT DEPICTS THE SUSPECT WITH APPARENTLY TWO MESSAGES . ONE IS APPARENTLY DIRECTED TO THE POLICE CLAIMING HIS RESPONSIBILITY AND THAT MICHELLE HAD NO KNOWLEDGE. THE OTHER PORTION IS APPARENTLY DIRECTED TOWARDS MICHELLE APOLOGIZING FOR HIS ACTIONS . THIS TAPE WAS LOGGED INTO EVIDENCE AT PLEASANT HILL P .D. 041995/1113/314/156 PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-01 BCS Class : 4100 Disposition: A Page: 17 EVIDENCE ******************************************************************************* ID:C95002423-01-001 Owner: * NONE Category:0 Article :TAPE Brand: Model : DISPATCH Color: Quan: 1 Serial number: Value : $ Desc : DISPATCH PHONE TAPE OF 4-10-95 AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 04-10-95 01 EVIDENCE EVID 156 314 ******************************************************************************* ID:C95002423-01-002 Owner: * NONE C- *-.egory:0 Article :TAPES Brand:BASF Model :AUDIO Color: Quan: 2 9,-ial number: Value : $ Desc : 2 BASF AUDIO TAPES OF INTERVIEW WITH SKINNER AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 04-10-95 01 EVIDENCE EVID 156 314 ******************************************************************************* ID:C95002423-01-003 Owner: * NONE Category:0 Article:TAPES Brand: BASF Model :AUDIO Color: Quan: 2 Serial number : Value : $ Desc : 2 BASF AUDIO TAPES OF INTERVIEW WITH FOREMAN AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments -- ' ---- ----- --------- -- ------- ---- --- --- ---------------- 0�_ 04-10-95 01 EVIDENCE EVID 156 314 ID:C95002423-01-004 Owner: * NONE Category:0 Article :TAPE Brand: BASF Model :AUDIO Color: Quan: 1 Serial number : Value : $ Desc : 1 BASF AUDIO TAPE OF INTERVIEW WITH LAUDERDALE AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- ---- ----- --------- -- ------- ---- --- --- ---------------- 01 04-10-95 01 EVIDENCE EVID 156 314 PLEASANT HILL PD PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-01 BCS Class : 4100 Disposition: A Page: 18 EVIDENCE _-_-__- ------------- ------------ ID:C95002423-01-005 Owner: * NONE Category:0 Article :TAPE Brand:BASF Model:AUDIO Color: Quan: 1 Serial number: Value: $ Desc : l BASF AUDIO TAPE OF INTERVIEW WITH JUE AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments ---- --- --- ---------------- 01 04-10-95 01 EVIDENCE EVID 156 314 ******************************************************************************* ID:C95002423-01-006 Owner: * NONE C:`, egory:C Article : FILM Brand: Model: Color: Quan: 1 SiLial number: Value : $ Desc : ROLL OF FILM OF SUSPECT IN AMBULANCE AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments --- -_-_ -_-_- --------- -- ------- ---- --- --- ---------------- 01 04-10-95 01 EVIDENCE EVID 156 314 ID:C95002423-01-007 Owner: * NONE Category:C Article :PHOTO Brand: Model: Color: Quan: 1 Serial number: Value: $ Desc : PHOTO OF SIMULATED BOMB (POLAROID) AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments -- ---- ----- --------- -- ------- ---- --- --- ---------------- d. 04-10-95 01 EVIDENCE EVID 156 314 ID:C95002423-01-008 Owner: * NONE Category:C Article: PHOTOS Brand: Model: Color: Quan: Serial number: Value: $ Desc : PHOTOS TAKEN BY CONSOLIDATED FIRE OF FIRE INSIDE SUSPECT RESIDENCE AC# Date Rept# Activity AG Storage Disp OF1 OF2 Comments __- ____ ----- --------- -- ------- ---- --- --- ---------------- 01 04-10-95 01 EVIDENCE EVID 156 314 PLEASANT HILL Pb PLEASANT HILL, CALIFORNIA FULL REPORT PD Class : ASLA Disposition: C Case Number: C95-002423-01 BCS Class : 4100 Disposition: A Page: 19 -------- -------------------- EVIDENCE ID:C95002423-09-001 Owner: * NONE Category:Y Article :TAPES Brand: Model :AUDIO Color: Quan: 2 Serial number: Value: $ Desc:TWOAUDIO TAPES LABELLED 1A AND 1B AC#j--Date Rept# Activity AG Storage Disp OF1 OF2 Comments - ---- --=�- --------- -- ----- ---- --- --- ---------------- 0 04-10-95 09 EVIDENCE EVID 280 314 0 04-12-95 01 VIDENCE EVID 278 IN E15 BX1 RPT# DATE TIME OFC OFC NAME I/T R/T 01 04-19-95 0930 156 HARPER, JACK 900 420 Reviewed by: TpkzN Date : F/U assigned to : Due Date: j — 1 - � r > iw / < axa o r � u / VZYld 1N3rmon t r I � gm C/ ss rs rF NI A88VA ,ac t Izr sats t_m 1 ► Iz / t aoas Ifs r I / OL! AW1381 xv t � G j am JLM / / ra NI A809389 i a j 1 CL-b D r j a ti Q9 it--it Z ss�x t 1 r_ j arca D } 1 yl ke S CJ uoa co cm CD "IV sa 80 d0'13Nt+II L w w N1 H1210MS000M y •qlS, 5m 17]' Q Y i3 nrag 80 SIII.Hd fitM rap .'D ymyAS& ;� R t99 L6w ¢ 80 312bW D 210 VI-133 �, ) >r e 4 • to CI v °may aw � � cap, sssr tsar v rdaf+I A. �4 � � � +� b b � d 77114 LNVSV37d -40 A113 HEARING SOCIETY for the Bay Area, Inc. 870 MARKET STREET, SUITE 330 • SAN FRANCISCO, CA 94102-3008 • (415) 693-5870 (VOICE) • (415)834-1189 (TDD) (415)834-1538(FAX) REFERRAL FORM Please complete this form and mail, along with a copy of a recent audiologic evaluation, to the HEARING SOCIETY. Please include any recommendations or other information that you think might be useful in working with this client. The client will receive an appointment by mail. NAME DATE OF REFERRAL ADDRESS ZIP CODE PHONE (Home): (Work): DATE OF BIRTH DOES THIS PERSON NEED AN INTERPRETER? Yes ❑ No ❑ IF SO, WHAT LANGUAGE? REFERRED BY: (Name) (Address) (Zip Code) DO YOU WANT A REPORT OF SERVICES GIVEN? Yes ❑ No ❑ REASON FOR REFERRAL: AUDIOLOGIC SERVICES SOCIAL SERVICES Aural Hearing Aid Consultation Information and Rehabilitation . . . . . . ❑ and/or Orientation . . . . ❑ Referral . . . . . . . . ❑ "*Hearing Aid Demonstration of Counseling and Loan Program . . . . . ❑ Assistive Devices . . . . ❑ Mental Health . . . . . ❑ Communication Therapy for Deaf Adults . . . . . . . . . . . ❑ (Individual Aural Rehabilitation;Speech,Language,Pronunciation and Speechreading Therapy;Auditory Training; Development of Communication Strategies) "If this referral is for a hearing aid,we must have the following: Medical clearance for earpiece: Right ❑ Left❑ Both ❑ Name of Doctor (please print) Signature Otological diagnosis/reason for hearing loss Please check if you want more referral forms ❑ --------------------------------------------------------------- The HEARING SOCIETY is a non-profit,voluntary agency that provides community education and advocacy services as well as the above listed services to people with all levels of hearing impairment, in both the hearing and deaf communities. Client services are provided by either an audiologist or a social worker;staff members are appropriately licensed/certified, and are skilled in both oral and manual communication. The HEARING SOCIETY does not discriminate on the basis of race, sex, religion, ethnic origin, sexual orientation, or method of communication. (Rev.2/88) EAR OF THE LION . FOUNDATION OF CALIFORNIA-NEVADA,INC. 20432 SILVERADO AVENUE,SUITE 7 CUPERTINO,CA 95014 TEL:(408)255-3405 / (800)327-8077 / FAX:(408)255-3480 PATIENT REFERRAL FORM PLEASE PRINT OR TYPE PATIENT Date Number&Street City State Zip PHYSICIAN Date Number&Street City State Zip Phone ( 1 Diagnosis'(Please attach audiogram and other relevant exhibits) Recommendations M.D. Signature AUDIOLOGIST . : Date Number and Street City State Zip Phone ( 1 Diagnosis(Please attach audiogram and other relevant exhibits) Recommendations .�a 7. ,� ..,c' _::� .p •: .,:Sty i. � �... ,„ r' Signature STATEMENT OF .SPONSORING LIONS CLUB NAME OF SPONSORING CLUB _. _.. _. .._ District Oui Club believes that this patient qualifies for assistance,from the Ear of the Lion Foundation, and we wish to be this patient's sponsoring Club. We will assist the patient in keeping any appointments that the Foundation might make for the patient. Authorized by Title Phone ( 1 Number:&Street - City _,._: - - State~ Zip Signature (REVERSE SIDE IMPORTANT) — 11/93 �l AGREEMENT FOR SERVICES -ie undersigned Patient(if Patient is a child or under a guardianship arrangement,then parent or guardian shall sign this geement)wishes lobe referred by the EAR OF THE LION FOUNDATION(the Foundation)to a healthcare professional ho will assist me in solving my hearing,problem. I understand that any health care professional to wh 5rI may be ferred is an independent business person separate from the Foundation. EC'TION A. This Section applies to those Patients who will borrow one or two hearing aid(s)from the Foundation's hearing aid bank. My annual household.income is $20,000 or less and I_understand the Foundation will exhaust all alternative funding before providing assistance. If my annual household income is more than$20,000rthe Foundation may provide assistance depending upon circumstances. _ Most hearing aids are used.They have been cleaned and reconditioned to meet the manufacturer's specifications: All hearing aids are warranted by the Foundation for 6 m* o.tths after date of issue If a hearing aid does not meet my needs,the Foundation will make a reasonable effort to provide an aid that will slut mji needs I willpay a non-refundable fee of$50.00 for each hearing aid I borrow from the Foundation.I will pay the fee after I have been advised that I am qualified to borrow a hearing aid from the Foundation 'and priorto my first` appointment with a hearing aid dispenser to prepare my ear molds. I am responsible for the care and maintenance of the aid(s), including batteries, for as long as this Agreement remains in force. If I do not maintain the aid(s) properly, the Foundation reserves the right to terminate this Agreement and require that I return the aid(s) to the Foundation I_ agree to return the hearing aid(s) to the Foundation.when I no longer have a need for them. ECTION B. This Section applies to those Patients who will be referred to a physician for medical and/or surgical care. I am responsible to providing the forms and exhibits explained in Section C below, I will ask my physician to provide the Foundation with my complete medical history. 1.will pay a fee to the Foundation to help defray some of the costs associated with my care.The amount of the fee will be determined by the Foundation after its review of the completed forms it has requested of me. z ECTION C. l This Section applies to"all Patients." I am responsible for providing a completed Application,a complete copy of my most recent Federal tax return, Patient Referral Form, and an audiogram (hearing test) that is no more than six (6)months old. A physician's referral is required in all cases. I authorize the Foundation and any sponsoring Lions Club to investigate my application to whatever extent it feels is necessary. I agree to provide any information requested by the Foundation and to cooperate in any way I can. I further authorize the Foundation to disclose to any person or entity it feels appropriate any information in my application and any information it develops as a result of its investigations.I certify that all of the information I have provided is true and complete to the best of my knowledge. In consideration of the services that will be provided to me,I hereby release and discharge the Foundation and its Officers and Directors from any and all claims,either known or unknown,arising from any services rendered by the Foundation or by any other persons or entities referred by the Foundation. _ _ Signature �A ' PATIENT (()R PARENT OR GUARDIAN, AS APPROPRIATE) EAR OF THE LION FOUNDATION OF CALIFORNIA-NEVADA,INCORPORATED A FOUNDATION FOR HEARING Treatment • Education • Research TO END THE SILENCE OF DEAFNESS 20432 Silverado Avenue, Suite 7 • Cupertino, CA 95014 TEL:(408)255-3405/(800)327-8o77 • FAX.(408)255-348o PATIENT APPLICATION AND FINANCIAL STATEMENT Y. NAME AB rt , Numberr&'Street ` Daeo Birth - City StateZip _ ,..Y. _.._.. Male Female - How long have you Alived at this address? If ,under-5 years list -previous' address ."= -. 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Yes No If yes please indicate: Medicare Medi/Cal Group Private CCS Other If other please specify Expiration date Citizenship of patient Residency Requirement: 1. Patient must be a U.S. citizen and a permanent resident of California or Nevada. --- 2. - Be evada.2. • Be an alien -resident with five (5) or more years of continuous residency in a community served by the Foundation. If not a U.S. citizen are you a legal resident? Yes No for how long?. Years .. months Please send copy of your Green Card or Immigration Visa Card, if not a resident of California/Nevada. I hereby authorize the Ear of the Lion Foundation of California - Nevada, Inc to make any investigation concerning me which is necessary to establish eligibility for assistance. This authorization constitutes a full and complete release from any liability resulting from disclosure of the required information. I declare under penalty of perjury under the laws of the State of California and the State of Nevada that the foregoing statement of facts provided by me is true and correct to the best of my knowledge and belief. SIGNATURE OF PATIENT OR RE SPONSIBILE ''PARTY: DATE J 11/93_ * F, EAR OF THE LION FOUNDATION OF CALIFORNIA-NEVADA, INCORPORATED A FOUNDATION FOR HEARING Treatment • Education • Research TO END THE SILENCE OF DEAFNESS 20432 Silverado Avenue, Suite 7 • Cupertino,.CA 95014 TEL:(408)255-3405/(800)327-8077 • FAX:(408)255-3480 Dear Applicant, All applications must .have the following information attatched. 1. A copy of a HEARING TEST taken within the past 6 months. 2. A MEDICAL CLEARANCE FROM A MEDICAL DOCTOR. The clearance must state hearing aids are reccommended. The clearance must be dated within the past 6 months. 3. VERIFICATION OF INCOME ( A copy of latest income tax return or a copy of Statement of Benefits from Social Security or a copy of Bank Statement or any document verifiying your income ) . 4. SIGNATURES ON BOTH DOCUMENTS. Please read and complete both sides of both pages of the application. Don't forget to sign in the appropriate places. The application can not be approved unless all of the above is received. Thank you Sincerely, } Sharon McCarthy Director of Client Care EAR OF THE LION FOUNDATION OF CALIFORNIA/NEVADA, INC. COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA x. OTHER COUNTY(IES) a z .e-PEOPLE OF THE STATE OF CALIFORNIA, to any sheriff, policeman, or peace officer in the County(ies) of; . " Contra Costa— _ ; PROOF by affidavit having been made before me by Detective ThomasO T :°°di3'ri'ger-Contra Costa County Sheriff' s Department aGF�gNTIS) -. that there is probable cause to believe the property or things der>cribed herein may be found at the location(s) set forth and that such property is sei2able under 1524 (a) P.C: in that it: was stolen or embezzled; X was used as the means of committing a felony; X.,__ is possessed by a person with the intent to use it as a means of committing a public offense; OR is possessed by another to whom he may have delivered it for the purpose of concealing it or preventing its discovery; _ X is evidence which tends to show a felony has been committed or a particular person has committed a felony; -_'--_-._- i^ _;;r1-r— .:.'':i,h tcVar{je 'hc. ,.. 5e,,o a1 r':f ; a ("hiId, In vioiation n'i Penal C311.3, has '`occur- red or is occurring; YOU ARE THEREFORE COMMANDED TO SEARCH: THE PREMISES located at and described as: 103 Trelany Road, Pleasant Hill, further described as a single .story residence, olive green in color. . The Numbers 103 are in blocked numbers and are located on the front of the residence, 103 Trelany Road is the first residence on the left side of the street as you approach from Contra Costa Blvd. including basements, attics, storage spaces, appurtenant buildings, the surrounding grounds, and all containers therein and thereon which could contain any of the items sought. Strike out inappropriate words. THE VEHICLE(S) described as: Any and all vehicles under the care , custody, dominion, or control of the residents/occupants at 103 Trelany Road in Pleasant Hill . including the passenger compartment, storage areas such as trunk and glove box, and any containers within the vehicle(s) which could contain any of the items sought. Strike out inappropriate words. THE PERSON(S) identified and described as: Michael Covey, White male adult , 6 ' 4" tall, 210 lbs , Brown hair, blue eyes , date of birth: 10166411 REV.4189 SEARCH WARRANT-1 w foruthe following property: 1. Methamphetamine. 2. Items used in and/or associated with the preparation of Methamphetamine for sale to include packaging material, plastic baggies, tape, paper bindles, glass vials,cutting/diluting agents, sifters, scales and funnels., I 3. Items used in and/or associated with the use of methamphetaniine to include straws and their source material, mirrors, razor blades, syringes, tie-off rags, spoons and swabs. 4. Items used in and/or associated with the sales of Methamp.,�e amine to include record books, account books, recordation slips showing names, amounts and monetary units or any combination thereof, telephone books showing names, addresses and numbers, bank books and personal ledgers. S. Personal property to include identification cards,photographs, keys, monogrammed clothing, utility bills,personal mail and other correspondence tending to lead to the identity of the persons in possession of any of the above described items which are found, or which tends to prove that such persons knew and were aware of the presence ;f such items and their contraband nature. 6. The officers serving this search warrant are authorized to answer incoming telephone calls while they are searching for the items listed in this warrant. These officers are further authorized to converse with the caller without revealing their identity as police officers. 7. The officers serving this search warrant are authorized to pat search for weapons any persons who are found inside the residence during the service of this search warrant. 8. The officers serving this search warrant may check items for owner installed markings or removed serial numbers, and that any valid serial number may be checked via computer to determine if that property may be stolen. and to seize it or any part thereof and retain such property in your custody subject to order of this court, pursuant to Penal Code Section 1536. GOOD CAUSE HAVING BEEN SHOWN by Affidavit, you may do the following which bears my initials: You may serve this warrant at any time of the day or night, under Penal Code Section 1533. GIVEN under my hand and 'dated ' this J l da of at Y1 a.m. Magistrate Judge of the Superior/Muv4etpal Court Ju 'tit. SEARCH WARRANT-2 COUNTY OF CONTRA COSTA, STATE OF CALIFORNJA RETURN TO SEARCH WARRANT No. The property or things listed below (or on the attachment hereto) was taken from pursuant to the Search Warrant dated the day of I ` L , 19 !�, issued by Judge In addition to the above-listed items, the seizure of which was commanded by the Search Warrant, other items were seized which were not listed on the Search Warrant. A listing of them is attached hereto. 1, ---- (print name) by whom this Warrant was served, do swear that the a§oN�e-acid/or the attached inventory/inventories contain(s) a true and detailed account of all the property taken during the service of this Search Warrant. All the property seized which was listed on the Search Warrant will be retained in my custody subject to order of this or any other court in which the offense in respect to which the property was taken is triable. Signed in Presence of Issuing Magistrate GIVEN under my hand and dated this day of , 19 Magistrate Judge of the Court, Judicial District. - Leave 1 copy at place searched Within 10 days of ISSUANCE of Warrant, swear to original before issuing Magistrate who will file with Clerk; 1 copy for police file Page y of RETURN TO SEARCH WARRANT COUNTY OF CONTRA-,ICOSTA, STATE OF`CALIFORNIA RECEIPT FOR -PROPERTY No. The following items, which constitute Evidence of Crime, Contraband, or Stolen Property, were discovered in plain view while searching for items listed on the Search Warrant which was being served at i 7; -l-... �. California,on =f�` I .; ..� 19 l _.{_ Officer's Name Date ORIGINAL WITH SEARCH WARRANT AND RETURN TO JUDGE Page of RECEIPT FOR PROPERTY SEIZED COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA L RECEIPT FOR PROPERTY. . No. The following items, which constitute Evidence of Crime,:Contraband, or Stolen Property, were discovered in plain view while searching for items listed on the Search Warrant which was being served at' _ -Li4 California, on 19 �. IVF, G - Leave 1 copy at place searched Officer's Name Date - ORIGINAL WITH SEARCH WARRANT AND RETURN TO JUDGE - 1 copy for police file RECEIPT FOR PROPERTY SEIZED Page of List seized items not named on search warrant REV 4189 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA November 14, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $750.000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Chad Hornberger, by and through his parent and guardia 'gYFeFWM) ATTORNEY: Daniel Stenson OCT I Q 1-995 Ian M. Cooper Date received ADDRESS: 8105 Fdgewater De. , Ste. 100 BY DELIVERY TO CLERK ON Ox erc(19NsW95 Oakland, CA 94621 MARTINEZ CALIF. BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 19, 1995 IVIL deputy OR, Clerk � l II. FROM County Counsel TO: Clerk of the Board of Supervisors (V) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). a-. ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 10 95- BY:'" Oeputy Countyy"L ounsel r III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOAR ORDER: By unanimous vote of the Supervisors present l✓ ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: /( - /4 7,S- PHIL BATCHELOR, Clerk, ByVa"IQ Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: f� - /S - / q q_� BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator KA-.D OF n 07 Gam}(?^ .+_'.ces of +x. !..... t Derrc-n to o s^ __`- r- ner- or n Crops and accr-,ie on or before 1 7 be pr­es=_-:tet not later the 100th day after the of the causeof ._tion. Claims ^lacing to causes of action for death or for injury to person Osr property Or growing Crops and which accrue on or after va.r:'..izry Z , I9�C, m' st be pr-ese_nted not later than: SIX months after the accr,zl of the cz-,se of aw CIa'iS r-elatinF to any Other Oau5e of. aCticn r--t be presented not let t= one veMr after the acc-,ial of the cz=,_i e of act-fon. (Govt, Cie §911.2. ) ClaL= ,rust b-e filed wit-l-, the Clerr of the at it! office in Roca 1C. , Cot:- t,. kd {r;st ztion B'uilt-InE, 651 Pira Strom`,, Cc. 94-5- l* C1w� _5 ;; ^�t a over-e by the R�ru of Super�'iscrs , rather tom^ the Co _.'v, the rte_ of the Dis'rict should filed ir. �. if the cIzI' i5 az-a4rst amore t?"'n One p'utlic entity, claims =.;St be _1 ... r.., f>•.- �o,.,� } ,._te a^= ('.r n ��^, 72 _.'. to� # ^^# # # # # # # # # # # # # for clam, " 5 CHAD i 1.0 i'kN 6E,R GER ) ..... �� REC Fid AND FI OUGti HIS PAP�ENT AND GUARDIAN, -'�-•�- ED DEBP,,\H AI E�1S i 7 is c OWRD OFSUP , : 2 District) M"RACQ CO. t hierety ;x'., Cl __ arci's6- the County of Cont:- C05tc. c,- * ^ -e District in the su of S 750,G1 _.-:0.0' znd in Support of :.,_s clai_ as follows: ,—- i`_'1- ;he^ .^.e Qa �. ye c ..r.j v occ,_L?� (lamive eX :t C:=.'v and h=Q ) APRIL 20, 1995 AT OR ABOUT 12:30 a.m. Vnere :d t_he d= =rer {n�u.:--;r Occur? (Include City &rid county) 222 ANDERSON WAY, MARTINEZ, CA COUNTY OF CONTRA COSTA. j-— OL-did t^e C�=`a+`e�oryOC^.'SZ"? (Give f~u',.j_1 detc;lSj use extra pec,peer if 1. CLAIMANT'S FATHER, ANTHONY HORNB'ERGER, WAS FATALLY SHOT BY A DEPUTY WITH THE CONTRA COSTA SHERIFF'S SWAT TEAM (SEE POLICE REPORT) ,MZt' t t�'"tiCtiiar act or o=- on the part, .�f county Or district ofd Kers, serv_-_s or e=lot•±es ca-sed the in jury or die? THE Co NTY OF CONT�,A COSTA SO NEGLIGENTLY HIRED, TRAINED, SUPERVISED THEIR OFFICERS AND DEPUTIES, AND SO NEGLIGENTLY OWNED OPERATED, REPAIRED, MAINTAINED AND CONTROLLED THEIR WEAPONS AND AMMUNITION; INCLUDING, BUT NOT LIMITED TO, AN INDIVIDUAL DEPUTY NEGLIGENTLY LOADING LETHAL "BREACH LOCK" AMMUNITION RATHER THAN NON-LETHAL "BEANBAG AMMUNITION" INTO HIS SHOTGUN AND SUBSEQUENTLY AND NEGLIGENTLY USING THE ABOVE- MENTIONED SHOTGUN TO CAUSE ANTHONY HORNBERGER'S DEATH. (over) _. _� Crr_CC'S THE CONTRA COSTA COUNTY SHERIFF'S OFFICE INCLUDING, BUT NOT LIMITED TO DEPUTY MIKE BAETA ( SEE POLICE REPORT ) ----------------------------------------------------------------------------- 1 yr a vc l {._ ct,� a7 i fl_1 i ten 1n ��,^i— _ �e cr noir. i s do � c__ ._ re ;,e., (Give ex of .���: or -.s cl=_red . A:-nc' tvD estimates fcr a,-:t-0 dame. LOSS OF AID, COMFORT, COMPANIONSHIP, SOCIETY, LOVE AND AFFECTION OF CLAIMANT'S FATHER 7 L-;oL: was t!'e cam" t CIE at�o',•c C_='-'e'? (T-� '_L'C: t.^.� e5�1�'te� a=ur.-_ c.'- THE :THE AMOUNT REPRESENTS THE SUM TOTAL OF THE LOSS OF AID, COMFORT, COMPANIONSHIP, SOCIETY, LOVE AND AFFECTION OF CLAIMANT'S FATHER. ALL WITNESSES KNOWN TO PLAINTIFF AT THIS TIME ARE THE MEMBERS OF THE CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT ----------------------------------------------------------------------------------- NONE AT THIS TIME" t; r :. '�• '..' i d'il .: 0 'r. U A ;jk. i } �• v . Co- e Se-. '-0.2 p:J�'_C�S : DANIEL STENSON - - 1 au tip IAN ii., COOPER V LAW OFFICES OF JOHN E. HILL ATTORNEY IN FACT FOR CHAD HORNBERGER 8105 EDGEWATER DRIVE, SUITE 100 8105 EDGEWATER DRIVE, SUITE 100 OAKLAND, CA 94621 OAKLAND, dkt-=146 1 (510) 729-6330 -o, o tI- (510) 729-6330 i f t # # f t f f t f f S O T I C F S=2ti:,n 72 or the ?e C-cx_e p.._vites: a.' "Every person o, wit"! intent to defraud, pmse_nts for allc�-2l_e or for p-:+_e_^t to a,.v state bcErd or Off1Ce", o.^ to a^.v CoLmty, City or district boa-'d or officer, a :t`orizec' t.o or pay the sa--e if genuine , a^v false or fraudulent clai_, bill , a_co;.t, voucher, or v. itinz, is punishable either by i rison_*^e_ in _'ne CC:_^.}`' _c_l for a pe:-_ot of not gore than one year, by a fine of not exceed.y -net`:o:SE.= (' ,n-^% o.^ by t-oth sUC•. 1'" i5�"'�: .t t^.d fine, or by i=prison-:'ent in s -- ~e , vb� s fine c_` not exce_- 4 v ten dell=^s (S_0 ,0001 o- by ;P Face Page t CONTRkZbsTA COUNTY 5Ht--Ktr-r ,:r ....... Continuation P.O. Box 391, Marlinez,-California 84553-063! Supplemental D HRO R3-as% -4.Detail OR N 3-Cn"ICkassilizalson 5,More L0( D Persons 2.City Cooe Ce;-1 Le2ST;I924-7 2. 2 6,Day/Date/Time of Occurrence 7.Date Time Aeponed 6.Employee No. CD 9.R&cjass,- 10.Address Location of Occunence fication PRI [D wrT Q MSP CD RUN SUS ED LEAD, 0�01 .1 12.Name(L.F.M) 11 Race J Sex/Age 14.DOB 15.Driver License No. 16.Address (Zip Code) 17,Home Phone 18.Employed By or school 19.Work Phone 20.Hair 21.Eves 22,HI. 23.Wt 24.AKA Maioen Name 25,Social Sacunry No, 26,Further C Tattoos,.Description(Scars,Taoos,Mannerisms.Clothing,Etc.) 27.Booking or Cite No. 2E. E)PRI [:I Vic OWIT ED MSP D RUN Sus LEAD [:)Omer 29.Name(L,F,M) 30.Race Sex I Age , 131.DOB 32. Driver License No. 33. A/0 Address (Zip Code) 34.home Phone Z2 I OJA Y ILIW64-2,61&77- ) -7 7n-Z q7/6 35.Employed By or School 36.Work Phone 370-Z YVG 37 0- 31.Hair 38.Eyes 39.HL 40,WL TZI-AKA I Maiden Name 42.Social Securt*y No. ALL 5`7� -1 /SD I 43.Further Description(Scars,Tanoos,Mannerisms,Clothing.Etc.) 4-4.5ooking or Cite No. 45 D PRI Ct vtC WIT MSP RUN SLIS L7 LEAD rj Olner 46.Name(L.F.M) 47.Race Sex Age 4S.DOB4 9 J. Driver License No. �6�0.A0o r e s s 'Zip Co 151.Horne Phone d e !;2 C:"Col -13. Work Phone 14.Hair S5.Eyes 56.HL 57.W 58.AKA Maiden Name -59. so;ia; Sec, Nc urny, Funher Description(Scars.Tattoos,Mannerisms.Clothing.Etc.) 61, Bookino or Cite No. 62.Ven 1 Ves 63.Liz.No.(Sate) 6.4.Year 65.Make 66.Model 67. Body Sryie 61 Color Top E:I S M Vict sonom 69.Status 70.Fie-gis:ered Owner 71.R.O.Aocress Left Impound 72,Towc-o to or Released to 73.Who has keys' F-I Sior&o I I 74.E-d. E-Yes 75.F/P [D Yes 76.Disoo of Evidence 77.S Missing 76.5 Damaged 17 No PP No 79,BnC--,SynoPsis of incident x1 4L/7 GVAI�7 64", (3) 7-rr� (5) z9-rrF7-1-6:773� 7-0 ^-17 0, L,�/1 r� !t6) '9 ��e 23:4�� 4,VO X24"-1!:A ZKV Z,///- y,rr7) /9 C-411ce - 4-7-z-61Z12-14z,6 7)- SO.Distribution 81.A6drtlona)Rounng DA [3 DE 70-E)SR -2- L�1/0 fjo/7;9-/ vesiioation woob of, or ate Time written --Ils V, �-NL I ropeny Vice Juy C on,-r- 7-oning Deputy Prinlu CK Ef�-*Cs -I--Ilnle4.*; .6 HG. -'O'A -- I 11;>-�0 -,?-5 85p.t,01 cam.in 71 Comol.Olc, -71 , , arine i�l 96.Su 0001 jm-- 111 A.DolCcuaDOn f'.O. Box 391, s n ZR.dasa.- 1. Scation ❑S pplemental 3 Crxne/C1a ov^ 2' ❑ A CnY Cod' a.En+dc,,— 1 1 DR No--- 1-0 79 7.Oar Ong-FlaPc{t 0=em Name(L.F.M) _ 10.�speGYs Nana(L F.M) ence 9.Address of Occurr Number.Mlscellart—peac�iption,location Number.Serial F)Raft.TVa.etc.: 11.ProP�TY DescnPoort tram Number.Artida.Ouantrty;Brand/ B Jewell Clod+l�Furs:D)�ehldeac A tC°Equipment innpounded•Recovered'Found.Lost Stolen T IN FOU CYANG ORDER:A)Currency. Where Taken"Value.k+d 4 Goo�d4�Mise G)Firearms:H)Housat'd 'Lil n1G0 13.Narrative/St&w'°nu ON S 12-Reca'ered Property S (t1 /9,z cIE o� (2) �o�rGE VIA ( / 0 (3) 'd (4) 7L/END o c/ v S E (6) m N �vA/ A, r r D �c (6) / E71 N SONY zq- 6 00C t9t � ON / CSN •. tic) r UG7�D - G� oG /�tJ NTS/ o / v E t,31 r41 go.c16, t,s .cl r-1 ale, !2,—w7 �aNY / 417-n.>' GT T!•r'C-' � icy (17) G!J (19t AI�Wv2 ^1 E� =, 2 vEs T TIAJ v/7 • � AT Ngo AS � 2T�a � ,4-G7- (22) c /DD C2 3) 2 / �1 �A!//�!i✓ �E TuE�SAddiocnalRouringK/`//� D;sttibuticn C ❑DA DDE ❑L ❑O ❑SR ❑V 18:D _ [3B ❑ ❑ 17.Dau/lime Wane^ � w� �yugation ❑Vice ❑Narcotics ❑Juv Coroner 16 n9 Deputy(Print) O O � Ck ACS ❑Intell. ❑RO. D SHC 2— 21.Dateprp22 F M 20.Supv.Na ComPl Otc. CD Marine Patrol ��_(PrinO Patrd Captain 19.APPro`^nfl Other -0002 _ FORM B (Rev.1/891 .., i_c � �"�'` ...•: ; _� ,�"'� 7 ri �� t�'yY "r^5� r .� ����5�, .,,,,+�i,�'i'�' 1.,�`�ij iY' �X'!k�''..E��� �..v °�` +�«+�. . "eau."r'.4'�ti�.,�>�;�7�';'�s.srd:,rE�Y.eE..rti�a"fi�- �.bits+�k?�.1°Sf:S':lr���..w-"4d���'.i,.� 4`�'��XT�•?�`;iri';�.!'_:ti�>`�'`a .p. � t �.:^Aa 'sc'S�� 4>L:r'. '�$upxtibm6rttal A.pewit 1• .� 5.tteaasar conunuavok 3.C'•rj"*/Ciassf+cation 2- DR scaum 1.DR No. �y 2 City Code i¢ ❑ d !J 7 CLa ' 7.Date Ong.FN'p°n - E EmWvy+a h+o stun Name(L.F.W - .-- 10.Suao+�a Name - r 9.Address/Location of Ooca c'e tt.ProDe*rY pescrtptlorz /MakefMarwlactxer6 Mold Wrnbec.Serial Number,M�taneous Descra�t�a� er Found toaL Sto(ert•tram Number.ArWe.Ousnttty.Brapd dry C)pottifnp furtr p)VetrtGes Q CTt6cs Equipment F)Radio.Ns ett: impounded.Recovered, Nt3 ORDER:A)CurrMcy Notes B) Where Taken,V��t �e��Loss-UST IN FOLLO" G)Firearms;M t3.Narrative/Statemenu 12.Recovered Property S (11 it/p r 77147-- C/IC.t� tet ..,/uS� ,,4/vrWo�t Y rL/�?✓ a Eq !> F et 177 ~ t'jc�utf.✓ rst c� (4) 7z/?12 nk' AoT vct /,- f}.c,/pflC/ (6) D /�� off M v v rtr �ft� Yom . c9t �6i �/ ' 2 chi vEa � t1t7} ArVj�GY�S! E� O 7Z4/G-71 (12t Ai4t ./07"•" i rTTls` nit ..,. r4t /1O S °W •�- r f�E C/c �r (161 r (17) L/4 7—�114 /Z r �i'l�D iD Jo T 6111f� (18) 17 HA2 4S rl </7� ! ra�� s ray 7i �✓ M4Mf l (23) t A Ar p GQ s�J Yt it/ (24) t7'I/ L�/L11• - (25) I Gr O 1S.Additional Rafin9 11.Distribution DB ❑C [DOApDE OL (DO [DSR pv ❑ 5r 1&. Ieon pyu ❑Narcotics Djuv pC--- 16R n9 oeonr(PrinU 17Dau/Time V-"Tten p p O. p sHc " S!6fZ PreC$L Acs . (nA-r7;'— � sP p Patrol Captain p CompL O(� ❑Marine Patrol(Printf 20.Sup+:No. 21.Dau 22 3p ,9.Apprr7Ang ❑mer 0003 FORM B (Rev.1/89) y��k'��'"�`.g`.tii� �.'x.��.t`}��. L 4v"�•d.:,�'xl'''S' 1 ��i: r ...�, i i��r�+�.:�`����rk �' i�i'�"J^r`l�`�'��1J+�y����'i�'�ti��S��� 1r��� �;#�� Yl: S pppi m ntal ••••• _..- 1 i.Dststt Z Y ,Ci� a.•,•�+•••• Fca 3.Crier+eiC� � iort 2 GitY Cane _ r^t 1.4 L '¢ 7.D.i"Or4a P.00rt 6 Emw�f.»►ia u m Name(L F.M) 10 S W Oas Narrws(L,F.M) 9.Address/Lacaticm of Ocrxxrence DeeviPn fMakafManvisclurer sModel Numi»r.Set+ai Number.Mhc+ettaneous �Locabon i 11.Property e,OuanitiY.Brand Furs;D)Vehicisc E}DM-EQUIPR+ertt;FF)Radio.7Vs,etc.,; impounded.Recovered.Found.LtssL Staien-hem Number.ORDER A)Cuffw-Y.Noise:B).Jewelry.C)( oCting IN FOLLta+YttJG D i Where 7akett Yxlue,inc'ude TOW Loss LIST h{ousehaid Goode G)Firearms:M 13 Narrative/SuMernatm ✓ 12 Recovered Prop"S I1) /c/,-' % e 7 02 (2i r � l�/ Q Z✓/G l tai ` Sr �/7 (4) /L (s) C7— 11✓ T Ute . (s) ,l t o�/E 2 C--' M rc/ t//L (s) N7� 6-VAILIq 77' ty V S Er O 'u JV7Z/(>it!Y (1zi / vJti1 G 7ZlAr' i �F G� / /N �"' G 2�"" �= ,via/•/y (13) AND Al Y o E� v T r/✓a Y Z- y-- Al Le- 600 � rrcr �— AliD/^/ �0 ry_ 6C17'Tom'/ (-1 y- .t/AO L.�Jr W r l t22) „J ,V- r7r/ ` (23) .� /D 0 •' (24) �v 7„r a.¢/) p LG t/12/Z,, f G� (25) 15 Additxinsi Routing Diatnbuuon O B O C ODA ODE OL O O Cit Dv 1fi. xpt Coro'w Oki ti 17.Data/Time Y-1 ri D investigation [:)Vi-- E)Narcotics O Juv 1Ia r g O_ l O Pr00"CIL O ACS D IntelL D R.O. O sric ,� t i Z _ Marine Petrol 20.Supt No. 21.Date ?z ` gtg Patsd Captain !]CompL Oic 1g.Appro- nt) _ ❑Other -0004 FORM B (Rey-1189) - `w.sxr.:�;,t�r'x.�.�".stea�'"Sv��t ,`�-�._r*�+`�'1N�k'1dx'�iKy�'': �'��°3� �'� ��{ds�+."t'�,�•?�..Av�a����,�...�. �w'"a.at�� 5��� �'.: supp►etn6ntal 6caton 2 Criy Cote 3 Crirtw/f,:iabO^ �� 2 ❑ A SSA GT W A L pod F1nWoYM 1.DR No. c 7.Date D*v-Rert No 679 am Name(L F.M) 1� apecSs Name(L..F.M) 4.AbCcess/Location of Occu=oe Brand/Maks/F.tanutac4+rar a Model Number,Serial Numba�:�,ul roue scr'P TVs. ism 11.Propsm Deacnption a.OuanW, FunK D)Vehicles 4 Reoo'+K�Found.Lost Stolen-Item Number.A+tid Notes;B),yewelrlr C1 pott+lnp i Impounded. TOW Lou-LIST IN FOLLOWNG ORDER A)Currer+cX Where Taken.VW�K'd d 6 �n Miac 1 G)Firearms:K Houaehd N r- S2 Recr�vered PropeRY s 13.Narrative n (21 ,¢N/z/on/ lL 0 � ,vENT I v/ /l T /r ts1 N y O T L -77—A—vO o T 1 Cd0U/0 0/t! i Ado ,aT Udo - (91 6 Gf C TLIZAJ0 QT W/G C i1./J TS A (10) S'l (12) (;31 o rrl 2 �,ur�✓ � �' E 7 a �, _ (,6) ,022/v6 f„1 P124 CT�n . Cw/v E2 /v�o S�/a�TL y S7A (,sl �fD / //777— (20) A•T 23 Z AN,O E7?So l` r L mi i> �✓ C C L Z-a (23) ��2 L! T / � � �vD S �/G✓//�E� A�vD /� (24) CrJ/1 7-0 FV'40'1 S/ (25) N�G� ,s.Addroonal Routing A.Distribution O ❑SR ❑V . ❑B ❑C ❑DA ❑DE ❑L ❑ 7 pate❑Narcotics / w"en 18 ❑Juv ❑Coner D,9„ty(orPrinU ❑Imestipation Dv- 16.P�egorb^9 -26' � 0,vv ❑Property Ck. ❑AC ❑S IntalL C3FLO. ❑SHC C/ /L- ❑Marine Patrol 2Q Suw•No. 21.Date �51t ❑Patrdap Ctain [DCompL Otc 19.Apprc`^n9 D Other 0005 FORM B (Rev.,/891 x.�`:;'Lr1:9.1,r�•a"'�.�1�n"�tS`.a.3r7�?aiss-Fll`��N;e?��tYi3.� 1�i«` -i3Ka�1C' T8':�'C'�;�ft�"��".,te�'_`� 'y`' �f'�'�.. '-��°�``�.�?�J..���1,i�'i�tc`<'�•` .x^^.w +���.. COSTA COUNTY SHtKIrr CONTRA EP Contin"tion P.O.Box 391,MartineL California 94553-0039 []HRO JoArrest Lj S.ROCA&",- supplemental A.Detail I.. ficasom 2.Cny C006 3. 2. R No. 7,Data 069-Report a.Ernow"140. 6.Vicurn Name(L.F,M) 's Name(L,F.M) 14. 9.Add ass/Location of Occurrence t non. 0cuffOnce.— on.Location fee's Model Nurnber,Swigj Number,Mis,�tancOus 11.property Description: ost Stolen-hem Number.Article.Quantity,B-nd/Make/Manufacti in,Furs D)Vehicles E)01500 Equipment F)Radia,TVs,vM4 impounded.Plecoyefed.Found.L FOLLOWING ORDER A)Currency,I Notes:B)Jewelry,C)Cloth -Where Takao,Value,include Total Loss-LIST IN FO- G)Firearms:H)Household Goods-,0 Misc. 12.Recovered Property S ,a,Na3 bvt/Statements f — r / A-1 7— /-4/,4 7— 77^4�e-,' (2) _A7 61V Z�04 (4) -Zo- /�?00,e 6r12,�?J6 7— (7) 4 12 7V67 71 (9) rz 10) - - -------- X 7--22 12) (13) /9 V Al 7L�blv SA 1,47 0 L4 12 70 7. IV 7ZI01V 7 /0 7 0 (16 (17) 7- 27"f 11Z4 7— /Y JAI-4 (23) -Z/ A J4 (241 ,a r A-t,/A Cr*'/ r251 5.Additional Routing 14.Distribution nB OC ODA ODE 0 L ❑0 1:3 SR0 V 18 E),,vestigabon oVice C)N"cotics [Djuv [Dcomrle {Print) 17 0 te/Tirrw`0�&n ED property CK 0 ACS po. E)SHC 16,inporting Deputy —Z 0--9 0-5160 X Ok,-7-- 21.Data .22. Patrol captain ❑comp!.oicL n man"Patrol Supe,No. 19�Apj>—N S-P`t- ❑other 0006 _�... i, �3 ...... � :•.�• i.c gra"t 4 s _ `'` - ,'+ ptif--'�..�' '3�r •'`..s"ix.ktZ ''^c���; �� i�'�"jtk���"�`���` r`^g"^7- JI uJ�lY1.M-�•••• L y �. ♦.- • J rim. A Sup�rnental L Detail 1 2 Ua*o s:- ticaton 2 cr<r ccae 3 cram./cw_ff—wn / 2- DR DR No. _ 6.EsnP+cY+e No- �/ q 7.D.d Ong.R.00n m Name(L.F.M) ,0.Suspect a Narrw(L F.M) 9.Adores/Location of Occur encs pesuiption /Make/Manutactaxer'a Model Number,Serial Number.►.ibedlaneous Description.LocAbon 11.PropenY Furs;D)VehkiaK E)Otlica Equipment;F)Radio.Wxa dc.; Impounded Recovered,Found.L09L Stoten-hem Number. ORDER A)CurterKX Notes B)jewelry,cl pot>,Inq Where Takers household Goods:��s=- T W FOLLOWING G)Fireamu;K 13 Narrative/Statements ,2 Recovered Prop" (,) Vim I /res .aT (Z) L � (a) (5) 54 (e) SWq I _ S . Cv2/,c1 m ,= &rAr (9)717 A 0(01) ElZ v�7 r-,q,eDa�D (1z 0/00 / ND 0 C) ru0/t/ TL/ (15) 7C EW A1,17Z1 ,Y11 (,$) .ti. u / r r 2✓/ I. / Eby "� ,c f �4A17Z10A1 � G C/vL0 0� / m) N /� U671- CA u4 - (23) (24) xf7VOn/ / /N 15 Additional Routinq DL tribution ❑B ❑c [DDA ❑DE ❑L ❑O ❑SR ❑V ❑Juv ❑Goner 17. /T /tNrmen ❑investigation ❑Vice ❑Narcotics RO. SHC ,&R M Deputy( O ❑ imek ❑ ❑ _ ❑ Captain ❑❑comp tc. ❑Marine Patrol �' 2tI.Supe No 2t.Date �qeo` 19.APPro`^nq Supv. —�. ❑Other 0007 - FORM B (Rey.1/89) - _ter�i...�'3�1a�,x;4,�kn.e,Ytaw`�'-i,;.t.'�`�vi:�u�'d7t"e__'-`,cE,f.Vi,d�?�'?�?��'ta.3'2k�`_�•�zlat�',f,'��''fL�Y���.���o���'.1"Q'' '��"?�a1'�+��'-` c�r�� ��'�rtJ �s��'p°bp; � r,.etlst i c�,�+++/cam z z" ❑ L OR Ma city�+ u L R — 0 z aa»o^a pai 4. F.b0� t0.i�sD+rS�t�+nr a-F.►t? L A drugs r Lac n nrner SranC/tAaka/{latw�aCti+rt�a m-"F}"rrs+K. Q Oma bqulprn�nt F)Rjdn.TvL sc' t,. gem rtf uriiii p,,oww &fax+CL Lost .LI-N FCCLOWIV�pk �OCY,F�ocaC 1tRM� CtotN�+G Furl of tlri+Ka Talon Valua hcS�r�Total Lar�L257 (Qj F{ns,mc 1Cµoca►ano+t,aooCt 0!� 2 r Z/o o7� ,� t mtwo r gurre`�+ea . �c fOL ,i W"'4 rrogarly c m c✓A%I/ 2- -70 Af 01,15, / A( AT v� i i•J r .cJ . 6 > / 411r d 1 A/ rM Cl/ na, it/T1�0IA �lE� `s if ,v </ CoG �f` Grp GE SA24 nst /T� �TUO/ y �A1J eA,114T �l�D OcG�/ M E72 / Uou ` favi cm 2 Y✓ D ,,�E�c/G E n F� TJ a 2FG %vE A `'S CM - , Doi DA, D� DL no n ,T. rT.r»wti°^ p kn,.wo,sor, p vk• ❑Karc�ect p�,.• D�°^" D rroo+*+ir ct. p r►is D�,..tt ❑Ro. O tr+c 4� p,�iZ ,x, n.Dow zz . ora-a C41III+ D c4",PL o'L D taar,r» ,OL AC-I U-I M r+o Oo,.,w 0008 - $+�p`"""'Ral cep• 1�w.�Cas++�+0" ,� "�' i 2 ...•__. T.per oc+s-►rout 5a�iat Ra Fhxr+Dr< ►��^�'+�r"p°M Location Oso+% D�K+L�µata�usnutac4M K µa601 N"rnw. pQca Equlpe+»nt F)Rahn.TVL mhoo+'rTf �fox+eL Lasl E,d+n•Ram fif+a' RN X Nuts Q1 h"�7 '� Furz D1K 4 tlsJ"a f+r +b�Total Lowy=LIST N FOUAMM�6 4)f��►qµpar�t+o10 fiaoCs:i�- G .N ti two tea• MGA ti Rrno•s'*0 i*rr .IV' •jl f'61 •/N m Rl roe rill r't," nil ' rsi r� itcTl ran r*a cm ml aza as ¢m O,ac,tw°^ tf D� Da D� DL po D p v►c. Ftarc p swDoPu [WA p C WWW . rw Oros cap-WN D co-vL o+- p w+;n.rs+ro+ ,i how—"$�V-40 0009 •iit�.w�.S�e,�`��'1s.1.��.;.;.'�Cf�lt'.s.,1i�.-�_�.�.���P���."}Y�i,.F':.'�r.�A �.%��`2"-?Y:I,?'3�`..�r'1'.��:.1r'�t•>'�'5nt���i��•��.`} ��wb�� ���.+ue�,� CRIME ANALYSIS SUPPLEMENT P.10. Box 391, Martinez, Calitomia "I.DR No. 2.Crin"IC4assAcation I Detail coos �Timonry OMisd. 4Anies1 [DCite tom Name iL F} 6 Add of Occurrence T.Employee No.Occurrence2.2 r 707 0 cap,', - 1- 311,113 C? 1, 8,Gang Activity M Yes CtNO OP 0, Other Prints LEGHO 0 Lag KNOW TRK 0 Trucking Company, PS 0 Paint SaMP403 PISWP [D Pistol Whipped TVs n TV/Stereo Sales/Repair g,Name of Gang PH [D Photos PURSE 0 Purse mis 0 Warehouse PJ 0 Projectile/Casing, RERPK 0 Rear Pocket OTH n.Other io.MEANS OF ATTACK RK n Raps Kit PJGHH 0 Right Hand B 0 Bottle ST 0 Semen PSACK [3 Sack/Bag Zi.SUSPECT'S ACTIONS C F1 Club/Stick SP 0 Shoo Prints SHOTS 0 Shots Fired APPFF 0 Approach from Front F PR Firearm SK [D Sketches SHLHO 0 Shoulder Holster APPFR Approach from Rear G 0 Handgun TT 0 Tire Castings WAIST D Waistband ATEDR ❑ Ate/Drank K ❑ Knile TL 0 Tool Marks BLIND ❑ Blindlolpe,_-Victim i&CIRCUMSTANCES 430GAG ❑ Bound/Gagged N ❑ Martial Arts Weapon VH Q Vehicle R [3 Racial/Religious/Ethnic P ❑ Physical(hands) WP M Weapon COVVF ❑ Covered Victim's Face R ❑ Rifle/Shotgun ig.ALARM DEFEC ❑ Dotacatect S p Shoes/Feet 13.METHOD OF ENTRY N- [P None DEMON ❑ Darnarioed Money T [3 Threats A ❑ Attempt A F1 Actrvat&d DISAL ❑ Disabled Alarm V p Vehicle 0 ❑ Bodily Force P 0 Bypassed DISPH ❑ Dizat>IW Phone 0 p Other G ❑ Bon Cultani/Saw D 0 Dmabi&d DISPO ❑ Disabled Power E ❑ Common Coiling/Wall DISRO ❑ Disrobed Victim ii,PROPERTY ATTACKED L [D Cul 20.WHERE OCCURRED FIRED ❑ Fired Weapon ARG E) Agriculture C n Hid in Building APO ❑ Apartment/Condo FoLvM ❑ Foliowed VIcurn ANT ❑ Antiques 0 n Lockbox APT ❑ Auto/Tire Stores FVMTM ❑ Forced Victim to Move .ART ❑ M/Paintings B [:) NSFE BNK ❑ Bank/Savings&Loan FDISR ❑ Fully Disrobed(Suspect? ALIT ❑ Auto Paris F ED Pry BAR ❑ Bar/Lounge/Tavern MBD ❑ Had Been Drinking BYC ❑ Bicycles I ❑ Slim Jim/Cost Hanger CAB ❑ Cab/Taxi HITCH ❑ Hitchhiking . BOT E) Boats H ❑ Smash/Break/Punch CWA ❑ Car Wash IMPOT ❑ impersonated Other BLM M Building Materials K ❑ Unfockied CHU ❑ Church INJIN E� Inflicted Injury CAM D Cameras/Projectors CLN E] Cleaners JUMPC ❑ Jumped Counter CLO ❑ Clothing 14.POINT OF ENTRY CLO ❑ Clothing Store KLOCA ❑ Knew Location of Cash CRC ❑ Credit/ATM Cards Window Entry COC ❑ Construction Company LCRET ❑ Lilted Cash Register Tra, CUR ❑ Currency wc ❑ Crank COS ❑ Construction Site MADPR ❑ Made Purchase Drugs WD❑ Louvered CON ❑ Convenience Store MTHRT Matte Threats IR ❑ Firearms WA ❑ Nonrnovabie DPT ❑ Department Store MASTU ❑ Masturbated FRN ❑ Furniture W5 p Sliding MDO ❑ Doctor/Denbst Office MOLES ❑ MrNested Victim APP ❑ Household Appliances Door Entry DRG ❑ Drug Store mun ❑ Multiple Suspects DWY ❑ Driveway OCCUP Occupied Building -IND induivial tquiprnent DG DouN e Swing JEW Jewelry 2P- - r 01 Garage(overhead) Duplax/FOurPlex OFVFD ❑ Oflaried Victim Food/Dr U0 Liquor DF SingleSwing FFS n Fast Food' OFVRA._'[D Otl*6;ciVicgrn-Ride UV ❑ Livestock DH ❑ Sliding GAD 0 Garage Detached OFVS CD Offered Victim Sax MED ❑ Medical Equipment Di ❑ other GAS ❑ Gas sta bon ORALC 17 Orel Copulation Inv. MIS ❑ Miscellaneous Other Err" GvT ❑ Government Facility PDISR ❑ Partially Disrobed(Sum,- -MOT n Motorcydes/Minibikes OP ❑ Basement SMS ❑ Grocery-Small Store PKLOT p Parking Lot MUS [3 Musical instruments OK ❑ Floor MKT ❑ Grocary-Supermarket PRPEX ❑ Prepared Exit OFE n Office Equipment 00 ❑ Ground L&ve4 HwY ❑ Highway/Street/Road PPPAG E) Put Prop"in Bag PUR 0 Purses/Wallets. ON ❑ On Premises HOS ❑ Hospital PANS ❑ Rarmack&d PAD 0 Radia/Stereo., OL ❑ P-001 HTO ❑ Hotel/Motel Office RIPCL ❑ Ripped C4otnng COL 0 Rare Coins OR ❑ Upper Level HTR ❑ Hotel/Motel Room SELEC ED Selective in Low SLV 0 SiIverwsre OM wall JEW ❑ Je-weiry Store SMOKE ED Smokeo on Premises SPD 0 Sporling Goods 000 Unknown LAU ❑ Laundromat SARM Suspect Armed TEL ❑ Teievision/VCRs U0 ❑ Liquor Store THRET ❑ Threatened Retaliation TOB ❑ Tobacco Products 15.ENTRY LOCATION MAL ❑ mall TCONC p Took Concealables TOL ❑ ToolsF ❑ Front MFG ❑ Manufacturing Firm TDF!UG ❑ Took Drags/Narcotics VEH ❑ Vehicles(except motorcycles} R ❑ Rear MAR ❑ Marina/Dock/Waterfront TSTTV ❑ Took TV/Stereo Only S F1 Side MOV ❑ Movie/Playhouse TVMCL ❑ Took Victim's Clothes 12 PHYSICAL EVIDENCE 0 ED other BKS ❑ Office Suppty/Book/bRuitionery UID ❑ Under Influence Drugs AC n ActeierantsOIL ❑ 00 Company UNOCC ❑ Unoccupied Building AL ❑ Alcohol i&,NUMBER SUSPECTS QAI� PPK ❑ Park/Playground ODORS ❑ Unusual Odors, SL ❑ Blood LOT C3 Parking Lot UDEMN [3 Used Demand Note CL ❑ Clothing 17.HOW WEAPON WAS USED RAL ❑ Railroad ULODR n Used Lookout DC ❑ Documents COATP ❑ Coat Pocket RAP ❑ Rapid Trainsd/BART MATCH n Used Matches DR ❑ Drags COVER ❑ Covered RES (LS- Residential Hou" USVEH [3 Used Szoian,Vehicle FP CD FirVerprints PROPK ❑ Front Pocket RST n Restaurant UVNAM [3 Used Victim's Name GL ❑ Glass Fragments PANPK ❑ Hand in Pocket SAL n Salvage/Wrecking Yard UVTOO ED Used Victim's Tools HA ❑ Hair HIPHO ❑ Hip Holster SCH E] School VANDL [D Vandalized MS ❑ Mud/Soil LEFTH n Left Hand SPT 0 Sporting Goods Store VIEHND E) Viehicte,N&eOed g_ Distripinion 23.Additional Routing OB nC [DDA nDE OL nO [DSR RV Dinvestigation [DVice [DNarcotics Diuv [3Coroner 24.Rqopt-V Deputy(Print) Ti Written 2 MProW-TyCk- MACS; 01niell. C]R.0. MSHC DPstrolCaptain [DCompl.Ofc. DMarine Parrot 27.ApPov-9 Supt.(Pn 28.Supt.NcPage ED Other -of, FORM-C (Rev,2/89) 0010 `Owl Rtf�o��q P- ? . 70.jCSi F.K ��4/Lit.. • ��}�� �� + _ *� }��.,,,��.,� E Z' y u ltLi�lTdK ..prop"QOM` SCsnd/l.tsla/R4i isX1C'i�•'�o4ttt�,ttnbK, � 5G'++ ''«�C F)140" TY1 Ott: Aged,Ford Lwi Ssc+iw+•11rr+t Fh t++c. N C crw%c..t oLm 14*o-*hY Q C�c�tMnG Furs:t3f Q Wtwe 7akrn Yelue.V4j++4 T&W Lcw•UST ri FCuxw,k OADM h8 tcc.,.af,d4 t OOM qµ+it - �� L oo S S '�rrz . o.- t C 0 C'T'fl , '11 ;ttyf na ns� 1 tin a� all a� jc �QDA QoE DL Da 1 D.- r3 vial coot w � t t.Grc+!/T rrr rw,i«�!� cst [)ACS tc n. �' zz ►.S Q tiara c+v.:n _[3 C *"PL ok p w�•+.retro+ ,� z�. n 0021. �..-�:5"�'�s}�}.—'w++t,:�:.a....�� ','r.�.L`ii'F:�$"nvst:cr3fil`t,t�r3N�.,,wSrt...`>S�Y:+5:.2�dsY�.�'.etl".�+�?h�'ik�.�T".✓i��.''[?'CST:'L{"s�� �ti���'.+x.�-,�?��a��.zaS*l+.i ^r � '� 1.Dor' Z`t ► �.css..— N' ;.. L trtean Z Gel GDM l Cnen✓G�°w�e�c'r°n { i �+i MNIL Q rA a0. A*""r Lac- t. wrtT a"'Q'� .,puanRlr, r'aalc'rtaarxrbcti+r���'°°'`"` Q 00- ho Roccror�4 foW 4 Loci Eso+«+-N rG OAR A)c4xTwwX NOUIL p Je+r��G '�^� Veh"Takm Yiluo t+Ck�Oo TOW LO" UST Fico+^ µrxsaholC Oona l Mint 13. SrAWW" Z Mc�rors4 71 F 31 q _ y►�o ort �� (a r�-l-rsz— L.• �o'a.r.� �-R--(AS-- na C (-tr.f�� n� Lk tz -- n� h S1 cm fit) Rr ao1 all am UL an �_ p,sfftbJoon T'1 V IDS ODE p meq. p Vice D mupO�o D p a8`O x>tirP '1 Y 1 Doti!T K,r.wry+ 1l ir.rlL p Roo p sHc �,,,� S�-2a "'7' ck xis Do. D pp Can+vt c+o- p wrxr rsror n�,,�'9 t++vR t**x+0 za.y„pc►+o. n- p 0012 _.� :�_, = ...-�s w.. .tii .,. ♦ - � �r -i i'. a .� ,, .� ,���..,.�:+� ^zt'.3 �'I'�_if` < fit' 'G'"+�''�` :7� _..r'?ks3+.a.�"_iS:P:�<�.•.'.i�iE�.s�1°�.��'`i�_ ti�v�ab�C.Ai++� '"�..?`_;�.*.S:k,...�+�kv�"-..3?xY�'jri-....-q„s�r' i�3'.-�..-.ti �.� � �xP��a'k.'�..�.?��+7sc��`l�y�'-'�� z; conbnushon `O. Box 391.mart1(►P.Z: (-,all—r ria ®S.Upplemental a'Deasll t. Ueatwn 2. code 3-criyyydfiGauon Z O t..0 Ns �-� oyes No. 7.Der ori¢Fteoon cbm Mama IL F•M) Name(L F . - 10.y�apecf s fl.Address/Location of Occurrence Brand/Make/Mans cbxer•s Modal Numbac, Serial Number,Miscet4na +s Description,V&.aicC 11.prop"Deacripbon: 'Ge•Quantity. Furca D)Vehides:El ORx+Equipc er't F1 Radio.Ns eic; Bred.Found.Lo%L Sto+en-Item Number el poa,irtq. Impounded.Recw NG ORDER A)Currency,Nates 8).law 7 C%) Where Taken.Value,Include Total Loss-UST IN FOLLOWNI G)Firearms:H)Household Goods:0 Misr- n 13.Narrative/statements QO Z��O r N L)LsSL- 12.Recovered Properly= (1) -r _ rY1-� -Tt,> AC S i K C' zZ 04T'c (2) cel16 A ' Z' (a) e ) ' - A5U �-�J oc i•��s- �Sw Qo G (61 A o,e't"r D (7) `r� � G 7-0 � (8) - r (9) (_0 AN10 u>� -TT- ao o 1 (10) SLJ.10L 1 o cn.(121 (131 (14) cN (17) o r 1 nn - Z 0201 O � n,) � ``' S w rn � rn w �-- (n) (231 ei �J�.' f� S (2a) (,tJA�.—�C-t V (25) tS Additional Routing 14.Distribu60n SR Ilk.Dis; DDA ❑DE ❑L D O D �Cyo'rOnar lima written 7 , v� p D� 1r (Prim t C)J �� r Narcotics Acs p Imell. p Ro. sHc ; �� Z � 21.Date �- D Marine PstroL f ntt_ 20.Supe.No. alrol Captain D CompL Otc 19.APP,r„ov1-9 C�Z- t7tl�er S f ,Kf c FORM 6 (Rev.1/89) .. .C(.�«.�?,•.��t,-moi,:�`-�.-.ram+'�.'"��e,at b,�2:.�;.�r�.-c}.�h�:re��xa.i=�,i4�..:!'��r't"�?7j1 _�zu6,,F , �" �7'� ��air'�'z17•��P'•+zcs3.-sCLT. ' F `�•'�io•�'?+tP"��`'rr`',i..,3-Tn*,e1t:,�- ......,. > `4;30�'..' BOX 3'.31, Mar ,m" w••••.,....- --- :•,n.,, — a.J 4.Dasau 1• �i S Reasssi- Supplemental bcaton 2. Cooe 3 Came/Cr++ nt'o^ 2 D 1.DR NO, 6•EMPIU ei No. C>V-1 7.Dar Orifi Repon .�m Name(L.F.M) _ 10.SuapecTs Na-*(L.F.M) 9.A60ress/Locatwn of Occurrence I e,Quantty.Brand/Maks/Manulacturer•a Model Number,Serial Number.Mbadlaneous De i 4 Location tt.Properh DesrllPtion Vehlde=E)Office EQulprn'ant F)Radio.TVa,etc; N.-b-- Impounded.Recovered•Found,Lost Stden-hem Number.Artid ��B)Jew�rY.Cl poClinp.Furs:D) -Where Taken,Value.Include TOtal Loss-UST IN FOLLOWING ORDER.A)Currency G)Firearms'.H)Household Goods:q Misc 12.Recovered Property S 13.Nartati Staternen^ (1) lac- _ ! ey O (2) OilNL 'CEI�oF (4) Tb I (5) 'NO D � C T 1 V X 5r 1 f`JGi�{S �G �t br/J (o LAj T � r-L (12) k `�d rJ CO L (13) (14) S 03 2— - 1 (t 5) (17) LA�t'N I fJ S t T>�S'-D c (18) i i l rrIr- .— -� a )r, bo i?f 12Orjh(Nt t — 1200, �v o� o�� (21) IA c�L Lt (22') \✓ _ t % p . r2 3) R4) (25) CA ""''`�` 15.Additional Routing Distribution SR V ps DC pDA [JOEDL ❑o D ❑ 1e Dispo. p Investigation D Vice D Narcotics ❑Juv ❑C°fOn°n 16.R (Prig* 17.D w! tn,e Vh�°n p Property Ck D ACS p Iniell. p R.O. p SHC ` Dow 22-Marine Patrol 1 2p.Supv.No. 27.D -Fyq° p Patrol Captain p Compl-O+c D 19.Approving Su W.( rM Z o+. ED Omer 0014 FORM S - (RL- 1/891 r .'tf � .K", y.t � ,.• 7.'�>.':G�aswy_.,..eye t ,,,�•�.w :a�=:�Z,....�`i4�s`S.'ar�.i,.�?;."+ �6•-s. .._7:cn`14s? )+�ti' K , ; tc+rti:.`._ r�l+'sfi ;:,+.G=F..;n,:•'��i ^t1�7'`S,._. oa�. .........�. - ' ' S RsC3asli- a Supplemental 4.DetaU 1 Z Cay Code S Cn7te/C�°°n 2- ie DR G m Name(L.F.M) 1D.Suspects Name(L•F.M) 2.Adores+/Locaton of OcaxT'lnoe 11.PrePerlY DescalPaon: /Make/Marwtsctw s Model Number.Sonat Number,Miscdtaneous D !ti L—bOn Frond.Lost Siebn-Hem Number.Artida.Ownbty.Brand In Furl;D)Vefiicles;E)Office Eq .Pment F) lmpoun Ied.Recovered Nr ORDER A)Currency.Notes B}Jawairy C)CWth (� Whers Taken.Value.Indude Total Loss-UST IN FOLLOW G)Firearm&:H)Houssnoid Goods:I)S Misc 12 Prop"erty 13.Narrative/Susen+enrO If l f J t , _LQ l/ (C.•�I-t*— M V (Y1 d >r T-D (4) �4S t cJs Ta C1 L-A , a 2 (5) S tT7S— t f (6) U (7) SU 5cc-r'c c � (,r w A C61 ` (14) lam` t. --I- 'S P o oco nn s. (19) r rJJ C79 C2o1 L o(o(o A,-j ..- Pct � n't t (241 15.Addd)ohsl Routing DB � DC DA CD DE pi po DSR' Dgg l ayor D Vice D Narcotics D Juv D Cer (Pant)oron17.Da�/, �f U C)men 1 � ` D progeny CIL ❑ACS ❑Irnell- ❑FRO. ❑ 76 SHC /1(S Patrol Captain [3 Com91.O,r. Marine Patrol �p7�Pfri�nq i/ 20.supe.No. 21.Date 22 Page 19.Aporo'^n9 Y..J Other 0.015 FORM B (Rev.1/89) - _ - �i supplemental 1.DR No. 2. Code 3 Cri C hcsoon 4.Detail 1 "fit f Com' S.Racusai- �� L� �t7 � -_ G � 2 I�.Qn tM N7.Dau Ong.Ra,pert a.Empky"No. [� 8.Address t Location of Occurrence 1p.SuaostSs Name(L F.1+C) 11.Property Description: Impounded,Recovered.Found.Lost Stolen-flem Number,Anacls.Ouantity.Brand/MakatAAanutacturels Model Numbest.Serle!Number,Miscellaneous Description,Location Wrwe Taken.Value.Include Total Loss-LIST tN FOLLt7+ANG ORDER:A)Currenc)t NOLW B)Jewelry,C)Clothing.Furs:D)Vehicles Q Office Equipment F)Radio.Ns,etc^ G)Firsamia:H)Household Goods;I)Misr- 12 Recovered Property S 13 Nerragve/Sta'Oe�rru7� is L (3) l) 1J lSA7tAis (�'�PH-Ittr-3(a rV1p cC:' JNA fL -a-tC�r c (4) t Com'. (rata Pyrj 0 r3 JaCQt~ 7�� U46 Tt 'T (7) U�CR C c,'" t� Jj aC L)tF0 D `- ia0 C-0(a Co L t Co A cv-4xlj S 1 rj 1 n G (--" i eyl A�0 1121ax c>3( 6 ff-r's fi Ctm -C-r -- r' (13)' tt Q 1 (14) T 1/1 /-.7JGC� � 2 t1 JLt/J 7-o: .. rte; .. 17 tlst Av- vi `y1) (17) (191 Q• 4.' J t20} (21) (22) (23) R4) (25) 14.Distrioution 15.Additional Ranting .OB OC ODA ODE OL OO OSR OV O investigation O Vice O Narcotics O Juv O Coroner O Property Ck. O ACS (Dsmell. ORO. O SHC 16 (Print) J 17. ze dr rn ✓18.Dina. O Patrol Captain O Compl.Olc. ❑Manns Patrol / S I ! O O C"er 19.Approving Supv.tPti Q 20.Supe.No. 21.Date 22-1 a FORmB (Rev.1/89) - 0016 ...-MiYY��::i.v'.�:iii..FSS...:. 1,.,1. D''.`^rJdn.i.i!7Gi�l].'�x'�M ..: LJ nt,,,,t P.O. Boz 391.Maruntz L,,atuv 1 ;. .... , a t ► . DR Na 2.Ger Coor 3 Grvr+a/C1asa+rs +o^ : Mraor a -95-10679 Cen AN/False Imnrisonm p / an r<t+a d Oceurre�t►ee 7.Dar 17 orw Rapor-0 D /T _ -27-95 4-20-95 *f T/ erson way, Martinez , LEAD , VY1T IALP RUN sus ♦� ►� vtC 13.Race/Las/Ape 14,DOa I.&Dnww Ltcsnw No. 12.Name{L.F.W sQ t. 6 Q,p Coor) 17.Horr+a►rwna it.Aaorw" 94553 i 1000 Ward St. Martinez ,s w�a►„«,. 11.Ermporvd b of&ChcO+ , ( f ('nCzt-P Cni:� 22 23.Loot socwny No. Ip.Ka;t 21.ErEr" HL 23.WL 24.AKA/A4a+oe++t kwr4 27.looK.+p of Gtn Na. 25.FLrr*l DO%-Cn 0A emirs,Tancot..AAanrwta.ms.Ctvtrrrq.ELc.) 2e ►R, WIT MSP RUN C SUS LE, 30.Rau/Sex/Ape 31.DOB 32 Dnvst Lion+&+No. 29 Nam@!L.F.&A) 32828 Demty Mike Costo T �) st.1w w Phone 3a.A6afL94553 ' ) Martino 3d Wbrt<Phone 3S E�+Dtpyea Br a Scrod , ) Contra Costa County Sheriff's office 37. 41. XA3M /Aaa+oar+Na+r+a AA.aoor'nQ or Cas No. 43 Fur,het Drs-jrp o (Sexrs,-Tattoos.Atannsr*n% Cyotninp.Etc.) RUN Sus LEJ.D Ort' 45 PRI [1 Vic: W7 wASp 47.PACO/La:/Apt ai.DOB aD.prrvst L,carr+t No. X36070 aLp ems) 11.Horne►none Aa«"` 94553 } 1980 Muir Rd. , Martinez u , :2.Ema*rod B) a icfwd . - s3. Ci� !n.tv:.-Sheriff' s .Of ) f. sous s+csfi+r ►+o is Halt SS.Eyes Sb.Ht $7.WL x.AKA/&" rn Nam* tt ioc►e+fl a Gae No 50 Furtr+e pescrpe on 6esn.Tattoos.sAanner�ms Cxw-,4.Etc_.). [5 Wkr 6Q.A4o6eI e7.soar Lute L3 C,,,T,, 52 VIM/Vel Ea.LOC.No (S;ata) µ Yaar Ott^ S CVICI 71.FLO.AO&aas Si saws 7C.Aegrsnr.0 Owrw p Len 72.who K" p knpwr4 72.To+eC V or Astaasee to "1 sttxe4 7l.1 Dat++agea :a E,4. [jyes 75.F/P p Yes 7A.D.apo�EV-4� =7.1na+ny^ No No 7; IP.s!Synopses of M+c+o+*+t .1I supplemental report concerns the follow=up investigation into an Officer Involved shooting. (21c Detiuty Baeta shot and killed sus ect Anthony Hornber er during a SWAT callout. in rn ED K) �� v 7 t I 2 L Ataaortat Rownq a ptatnDuuon L a CC ODA ODE UL O O C&A O V is Dare/T trr.e A+ Dru C.,.V0981.a, C Vto r]Narcxr►es pi,. O Coroner c2.FW--V DN" �pr ►rooet*r Sgt- (. m9 + v P _ GL .cs ~ [�s+c Q� 04 97.Paw 84- P-C,C-V-;-m 4-►aotC-V- + CaMPL De:. mwww Pat, Aoer*wmV erav t► + _ 0017 Pace rape P.O. Box 391, Mtftiiiez. California 945S3=x039 s.aDcle^�rI ,.CA Ne. 2.Gtr'Cow 1 G,-r»/ca =,UcM(=n 4.Detaat, 5a S Matt 95-10679 Cen ADW/False Imprisonment - _ /De /Dew/Trrw Dctaxromos T.De /Tn+w K+v -d 1.E117rr+pro ee Nn. 1:d w a -20-95 4-20-95 + ' o /Loc=.+«+a =Anaerson ay, Martinez , 11. ►ite V1C WT ►tLP RUN LUS LE-� ��r 1O't�rrr 12.Novy(L.F.'A 13.Race/Lei/AQP 14. 1 k 0}�/ // I�birph tJoha Lorraine r ft) U ,t.A6d'esa Z GLo Co.oa) ,7.►ioR+.►+rorty 14210 ad Clearlake CA 95422 sv707 ) 994-6622 tO.EmD{oy+4►yoractroo+ r= /0263-3300 Lake County Senior Transit 20:.hVar 21.Erse 22 KL 21.1ML 2..AICA/ a own Namt. 2'S.Louw Ucurny No. Zia.furror Descnpoon CS.cark Tanoos.wnrwa jr%L C+own¢Est.) 27.bookry or Cow No. 26 ►FU D Vlc DwiT MSP RUN SUs LEAD. 29 Nano IL F.M) 30.Race/Sol/Ape 31.DOB 32.Drxrr Lcon"No._ v m v nd �J M 52 -30-43 J0795276u=h 37.A.60roes Cone) 3.. ►none. 14210 Ride Road, Clearlake CA 9542 994-6622 35 Emo+oy+4 by or Scnoo+ id.YWet Ps+one v Co le e-Part Time Instructor (707 ) 995-7900 37.Karr U.Eyts U.ML 40.Y41 41.AICA/w.oen Naerw 42.S.oeM+ Secuffq No. 43 ftJrl/Mr Descrrp,rx+(Scam 7anoas.{.lennKrs+ns,Csotnrnp.Est.) L4,bo4Len4 or Gw No. t5 PA, (-i V)C Y4T MSD RUN sus LEAD y�.Orr+er .6 Name eL.F. ) a.W•/F`/38 6"-' 1cfl6 ADN21641 N� Bennett, Pamela Miranda jZ ap cow) S t.r On m.►r+orw A4w#'� 432-7110 306 Jar-into, Pittsburg ia.>r ►rer,e _ 2 ErnD�ortO B> a Lrrwa - t -- e .R.St 6R9 93 � Waitress-Baker s- Squares e��. .Concor c 7J Ka,r $S.Epes 55 KL 57.WL Sa.AKA/us 100-M Name S'+ socasl Lr_afr+r. No 60 Fum--tr Dssysptaon GSean.Tanoos.Lkannerrsms.Ctoewl-Etc.) dt /ooceap or CA*No 62 ven/ves t1.L+c.No (S.") G.A.Year 65 Wte 66.M06e1 67.looy ieyte V C>Lv Top Jerson+ s D. vac+ :4 scrawl 70.Kegrswrea 0Wryr Tl.RO.aaaress D Lett L]rnPovnO 72.Tow-vd to or AeisaaeC b I.who hill keys 1 Store :a L T7.L se"p Tt.Z0*-490c E.+a. ]Yes 7S.F/P [Yes N0 ND 7G ►+.et$ynODe+s O(tr+C+6en1 ,1) QI n1 Ki 151 _ t6, +0 D�vwut,on 81.Aeoaur ar hz- ^ Cn DC Da ODE pL .Oo OSA OV ' c e+resagar-en ❑V.ce ONO O J." O termer u.lteoorv+g owver fF rno u D.+e/TNay M.reer+ rJnn4.�,rct OACL O ,Wl. ORD. ❑S.HC S t. J o ❑hrd C p"*% l]GsMPL C*c. ❑Wnine►taa ss Aoprw•rp G t►rw+0 r6 sty No. +T.Dar +; Omer - nniQ . } ; " l � 'z.: - t » i �k i.., ' � r �-y �s.Y -t cr c> - �.,i.. `[':�'rs.l r Sn.• I `4""P.O.eoX 31 2�1,Martineei„ Ca►ilorrnix SASS3a7 9 D D 1.DR Na' 2.Gnr Cant 1 Gr++a,Caaanri.rl aattawt 4.Dtsa. 8 S Mort 95-10679 . -- Cen ADW False Irmrisonment 2. *, Da !Dao t 7rnt d Occa+rxtrtp 7.Dar!Trnt Aepar'ttd S.SJnp+or0t Oda. -220-L95� Oc�r�r,c 4-20-95 - •.,+�xa, ,C LGL � 1 ^a W v ittso^ ersan ay, Martinez , � 11. -ED vc [DWT MSP RUN $US LEAb Qa,y,r 12.wmt(L r.W tl.Rata,f et, u.DOS ti Drnrtr Lemn"Na. Vr_J�Qnald,. John Edward W M 40 6-30-54 m801388 $6.Addr*u a*Codt} 17.!WWI 330 GilgI St. , Martinez 94553 . ► 28-8290 it.Emp4ort4 S*y or&owe' it.Work Prrorw Mitts Termite Control Albanv CA jt ►525-2202 2p.Myr 21.Eyes 22_ML 21 WL 24.AKA/Ma atn Karst 25,Soc,d Seturny Na, 2.6,Purr»r Drscr+WWa^1Scary Tancac.Mar,wwra.CAcuvmg.Eu.} 27.&*C*wv ar Gnt No. 28D PAu ID WIT CD MSP D RUN SUS LEAD Otntr 24 Nartw(L.F.M) 30.Rau!Set J A.Pe 31.Doe U.Drr.tr L+centa Na, Mindrup .Kenneth Ste en W M 42 2-31-53 N15187594 W.Aocreu a*CQdt) 34.1'6om4 Pawnt L919 Shadow Falls Dr. . Martinpz4 ( I aS.Ema+ortd by w School 34.Vrort►vont Reverand-Morella Ave. Baptist Church, 68 Morello Ave. , Martinez ►228-4284 37.Man Sd.Ey*I 32.ML s0.WL Al.AKA I A4a+04n Nance L2.Socait Secunry Nc, 43 Fu-*,Dts--JPtK ,(S ars.Tanoot.Marw+w i%&Ciodrunp.Esc} A4,bo+Any or Cnt No. IRauS95 D PRI D VIC D WTT CD MSD RUN D SUS LE kD Llzf Outer 4fi Namt(L.F.l t} t7. et/Aft• st.1>06 4a.Duret Lxc&nae No. ?- l 446 583 '" Gzw Cant) •t.Mama Phont 1000 Ward St. , Martinez 94553 t ► 2.Emoo ored B>'or Scso*; S1 Worx Prom _ Sher-iff's 'd6Contra Crista-COunty Sheriff's..Office r I >4 Man U.EYss S6.Mt 57.WL Ut AKA t Uaiaet+Kamt :: 59:sauu irvruj Na . 60 Farrtner Desarpuon CS.--an.Twnoet.Ma^ntrwr L OOmw q_ELC4 6y Soo"w Cwr No Q Vtn/Yet 5.3.Lrc.No (Star) K.Year 6.1, Mala 66.!dads! 67.Door Sq+r S.3 S 0 VressoT +G S+st,xi 7G.l5tpctsxed O.rrer 71.IIO,Aoareas D --Po 7-2.70rett to or Rtratsed to 71.Who has k".7 `l S,atd ^a Er*d. D Yts 75.F,P D Yta 7t.p�t4ro of Emxttnct 77.S MrtsY+i7 7S-S Darr+agt0 No No 7s i.et Synaat a d lr+uC�tnt ,1} rz, cis :St !6. 0019 � D'aiD�'O^ it Aooac+rsar llourtp [QDE [;L gD []$A OV L w*+s►p+�on I✓V,ot ❑kw=*c* 0.4w O come* t2.Aeoo-v DOPY(f -0 u Dom r T t►.t v%%on r Ma Dano h>ao+•,r ck O ACS p k O(I. p FLO. 1L sMc Sgt- _ co 0 *cap-+n O c4mo-Otc. ❑UG-M Ptao( &S.Aixt--v Saar Pr r+o sa Luc}. No. S 7.Do w- as _C ......sext..s..:`.+..e�v+•!�".t.I..rS.w�..� '�Itar�a�'}'J., - F:iz . ' . rt�: .. �- -q y --`,y � ._-..�K ,.: � 7.� P v v .� t F. ':i .';:4 . .:.•n:tzr .x�.3�,al�':�,'�w..�Yt;tt".�ilC.:'�:+�- ."���`t�e`t'�,di..e�•' ,ti �'.'` w`� "__�.�.�,, ���' tti.H^':. - R:._�...Y�'�.as1c'i�a, ..++��3tii�r^ m,�.� 1t;,,.•.«4't- L++,.• .c4�n Z city Gars 7.,..e*+r�Gw+*oes�n ,. 95-1067923;A , x ; .�.►,« HORNBERGER, Brigitte 4119/95 �►t i on of Ucctxrreme x .+•.�•�•a r.#A) - 2 Anderson Way, Martinez II2GE�2 Anthonyljoui L e�Ory.R+a+Yrff Ft,.�+d.t e tso+r •yw*.ti�ti a .A.rt+Gt 0,,0nv► bryw ,vAkj"W M000,kvmb-.trDoavvs.a.LW W, ,4'w♦Ta+•�'.W.l.Mx�Tou'Las •Ur k fo"D+ Wo, i R Al G�**K+cy,kocs R;,M+o�+y C7 CXo;+^4 F.-m.Q W+•o+wt.Ll iw.+P+*M►nt Ft Q; r.-O.&-mc K 06.&0h04 4ccot war On 4/20/95 , at approximately 12 : 55 a.m. , I received a phone call at home from Sheriff' s Detective Sergeant Jerry Knutson. Knutson told me that he had been contacted by S .O. _ Radio and advised that an officer-involved shooting had taken place in the unincorporated area of Martinez . Knutson told me that the information that he. had at that time was that the Sheriff ' s office SWAT Team had responded on a call of a barricaded armed S and that one of the SWAT Officers had subsequently shot the S. The S had been transported to the hospital and was not expected to live. Knutson requested that I respond to the Field Operations Building in Martinez and meet with him and other investigators from the Sheriff ' s Office and from the District Attorney' s Office. While enroute to the Field Operations -Building, I decided to go to -the location of the shooting so ,that I -•could. determine if a consent to search or a search warrant would be necessary to enter, inspect, and process the scene. I asked S .O. Radio for the location of the shooting. They advised me that it had taken place at 222 Anderson Way in Martinez , with a cross street of Arthur Road. I subsequently went to the address on Anderson Way prior to going to the Field Operations Building. At the residence on Anderson, I contacted Sheriff ' s Office Patrol Sergeant John Fulwider. ' Fulwider and other Patrol personnel had remained on scene after the SWAT Team had returned to the Field operations Building so that scene security could be maintained. I asked Fulwider if he could give me any information as to what had taken place. Fulwider told me that the Sheriff' s Office Patrol personnel had initially responded on a call of some type of a domestic disturbance and that the call had escalated into a barricaded armed S, who had been holding his two-year-old daughter as a hostage. Fulwider further told me that the information they had received was that the n• nC no► C)C* DL na OM DY CV-0004., oy** 130- r)J.., D owww D«,VPV,q c. E)A= n.+say, r3N,o 05"C x ft"W"+i 0"%*r F4VW 11.Owu ,TWO D P.M 0 Dwo„ CA-.* CO- DM,,,,t P Sergeant John Gelestre Co no... H.*"* &.A- rv-K� xo &Q" x ias a 0020 ,•,���.L� .ixs�fini`�'f1.'.s.'?a}`•..X..?3'..,+i3%`4' l !v, < Iasi*}.a^&��.. `+c!�i�r`�3r�.d��:'+c���,.��•`'?cx'_ ..Oxy..•rrk��`�&�,�"'�ev.�;,f"«t�,��,'.' �.a+ 95-10679 Cen A i i b k.►..� t YAK 1X r,W 7.Caw On$ s+Moon HORNBERGER, Brigitte 4/19/0', l L L ion of Vccurreme rc ►nay+c. r.�� 22 An-aarson Way, Martinez H�ERGER Anthony fi ,i rT�As• yyK'Md.R 'MQ F ^d.LsC Ucds-•aw-nt.+nC» .AIWJI 0-WAP, Ilk}}'s�'441et'W n.tSrt.'L�t •t 1esd+r n1✓msr.Lr�l.n►.,rr,br.V saM�s+c,aD+sva++en.Lx}ro«. PCk4.Tou'Las -LZI N r j>1.J iF+{+p+t?ER Aa Lv7snc�.►wx�t;.►..rry.C�r3ok ''G F✓►.0,w-ahs.PCO" io.r *•'+L rt TVt Rano ru. ii ISecw�sG.?,Nwq! t S was possibly under the influence of drugs at the time of the initial call . Fulwider said that the SWAT Team had been subsequently called out and that one of the SWAT Officers had shot the S , and the S had been pronounced dead at the hospital. The residence at 222 Anderson Way appeared to be a one-story, single-family dwelling. There was an elevated porch at the front of the residence. Fulwider told me that the information he had was that the S had been standing on the front porch at the time that he had been shot. I asked Fulwider if the S lived in the residence at 222 Anderson. Fulwider told -me that the information he had was the S lived at the house, along with his wife and several children. I asked Fulwider if he had any idea where the S ' s wife was at that time. Fulwider said that the wife was in the house of a nearby neighbor ori Anderson Way,. F'ulwider,,then .took me to 232 Anderson Way and at that location, we contacted Brigitte Lee Hornberger, the S ' s wife. I introduced myself to Brigitte and advised her that I was going to be one of the investigators handling the case. I asked her if she could give me some preliminary information -concerning what had taken place and how the entire incident- had started. Brigitte told me that her husband, Tony, had been under the influence. of methamphetamine (she referred to it as crank) for the past two to three days. Brigitte said that the previous night, Tony had started accusing her of molesting their two-and-a-half-year-old daughter, Jessica, or allowing other people to molest Jessica. Brigitte said that a verbal and then physical confrontation had taken place between .her and Tony and that Tony at various times had brandished a shotgun or rifle at her. Brigitte said that she eventually contacted the . Sheriff' s Office and requested that the Sheriff's Office respond to the residence on Anderson. She said that when the Sheriffs responded that Tony had been inside the residence with their daughter, Doc ED ID D*A DY D DYWO Mbw. 0-1- r3owww u V%D PI MPWV tk L)A= .C)ft I p w-Ro. Dow- ,c ^w}r wv 0"V+r P-0) :�.� ,TOMw..- CC Col. DCM-* oma. Ll Sergeant John Celestre s .gra, 0021 3 nC.v >'""Xkx/['�C't-±��-,ac �Tq yt.�FC ^3XtY.'t`? I, >w d- {-.. .� {u a i's�u,4 :+ y'�§SE ty' � a..-y��jt z•�-lh t;ti5,y����.�,} . . ..::�Z.ear. uTwh:..-. YixsW ~e.�`i(!frY.I..IalSwg3o. �z+�-_+...n 'rj#1� ��..55s��S�,��,.�.T�Y�'P�.�.u^k�3� .it%'��#"�C"'1�="L„n, w;,' '"s'—r+yn"�`'•:Er R9.,. .�.. ��'~�. 2 Ge'/cM '=;.A�►*r riM�t1Y1 t.•:.i,.._, r" i ur + ,.r�.. . 95_10679 Cen A : ``.. ,� �. •�. r.w T.tsti.o �...K+ i D _ HORNBERGER, Brigitte 4/19/95 - . c . ..Or /L tion of IIGEaR. , AnLQuis thony Anderson Way, Martinez �pp•,norC.M+ay'�rrd Ftr'.d.L.trC Zt.�r •w+*•u•,�t+.'.A�vC.1� o„ant�j �n*,C'Ltati'W+VSat4�F't�u�es+lar.L+-u.'►�.►Rbr'.1/a�,awrsa Deave,++o�.Lsure* Mt-rTws`.,e.a,txi.t+ Taa'Lw. •L.xCT Mt FD:1 ++O+t:�ER,y Casr+cp.Kocw t,.*wjorr.Gl Oo+ n4 Fn.D,VV-00&t)0046 6G_-V-*ML rl Ka" Rvti ru. f Jessica, and one or more guns and had refused to come out. Brigitte said that eventually, one of the Sheriff' s Officers had shot Tony, although she did not have any details as to how the actual shooting had taken place, and she had not witnessed the shooting . Brigitte gave me some basic information on Tony. She said that Tony was a self-employed plumber and ran his plumbing business , Fast Flow Plumbing, from the residence on Anderson Way. She said that Tony had an ongoing problem with substance abuse and was a regular user of methamphetamine. I asked Brigitte what guns Tony had in the residence. She said that to the best of her knowledge, he had a rifle or shotgun in the residence, and she also believed that he had a handgun of some sort, possibly a "Magnum" . I asked 'Brigitte what -family irembers 'stayed-in the residence on Anderson Way. She said that in addition to her and Tony, her eleven-year-old son from a previous marriage, Justin Elrod, lived at the residence. Brigitte said that Justin had been staying with his grandparents in Murphys for the past several days and had not been present at the initial domestic disturbance or the subsequent shooting. Brigitte said that she and Tony had two daughters from their marriage, Jessica, age two and a half, and Jolene, age ten months . Brigitte said that Jessica had been inside the residence with Tony at the time of the confrontation and shooting and that Jolene had been with her at the neighbor ' s residence at the time of the shooting. I explained to Brigitte that it would be necessary for members of the Sheriff ' s office,, both investigators and criminalists, and for members of the District Attorney ' s Office to go into their residence at 222 to view the scene and to process and collect evidence. I advised Brigitte that I would like her to sign a consent to search form, explaining to her that she did not have to, but that it u o� � Ql =}c Qw L1o( L)L Qo LISA Dy �? D V%_ D NO Q A" Q a.ww 3•+,.0.► aw C)AC2 C3~1 Q Ko p we x 000-7 ,i.r=* f Tom«»w.- uC0 D FM a Q Casoo or n fto Sergeant John Celestre D o�,.• p SMI j.,,. j to s... Ho t,,oa k Z2 Z 0022 .. ..`XC...F_.,;er.r ,.ar.�AA*�ia&. "�.�` .w!i3r�3'lrt�rt "F[` ;nx +.,,�..r}?`t J �'v• � a ,� �.•-,t+. LV a.+w► L Cor Cover 95_10679 Cen A "` 'I' f.K HORNBERGER, Brigitte 4 I2 99 5 � oovc.�aation of YJccex-ren�.e x ��o+�t►.r++c..r,a�- 122 Xncierson Wav, Martinez HURNBERGF�fZ Anthonv 11 �*sva►'�1:,�� lLrCcYt'sB-Rw.�nt'.Ltti t1.'�t'^•�*''*.►.G+^+C+�r'.MrJt O.rnte-r �anG'W1a'W'+.tl�.C�M t 4o4'd Fi�+nDr.L�"i.'Mi,s*�C�",us.^s"1s'+�cu OrsvwaZ.Cxaw� tw^rt 7wr.W.t.1 lou'LCM •LAI O'f G:.1 Dwe'.4 Ckt-TER r►�C4*+r.c�.+wxas t;Jr..M*�.C?1 "^Q F.0%.D w+•a0t Q0"" fro�+a�+r++�t�&a*-c Tvr ru_ a;t�.••ra.hC,"�.�""ct6 Gccot A►+.►c would facilitate our efforts to conduct the investigation. Brigitte subsequently read and signed a consent to search form .for the residence at 222 Anderson Way. See attached copy. I asked Brigitte if she was going to be staying at the , residence at 232 Anderson at that time. Brigitte told me that her plans were to remain therefor the rest of the evening. I told Brigitte that either myself or other investigators from the Sheriff' s Office would need to speak to her at length concerning the shooting and what had taken place prior to the shooting and that members of the District Attorney' s Office would also be present. I gave Brigitte . one of my business cards and advised her that myself or another investigator would be contacting her within the next several hours and requested that she remain at the residence at 232 so that we w,oulcl know where to contact her. I then left Anderson Way and went to, the Field Operations Building: . ..,, At the Field Operations Building, I met with Sergeants Knutson, Weckel, and Ingersoll, along with other investigators from the Sheriff' s Office. Also at the Field Operations Building when I arrived were Captain John -Gackowski and Lieutenant Tom Coggan of the Sheriff ' s Office Patrol Division. Captain Gackowski advised us that the SWAT Officer that had shot S Hornberger was Deputy Mike Baeta. Captain Gackowski- told us that the SWAT Team' s intention had been to shoot Hornberger with what is commonly referred to as a beanbag round if the opportunity presented itself. The intention had been to disable Hornberger with a beanbag round and then take him into custody. I knew from past training and experience that what is referred to as 'a beanbag round is a specialty round that can be used in shotguns . It incorporates a bag or pouch of shot or other heavy material and is fired at a relatively low velocity. The purpose of the round is to knock down or stun a S • x A�rtrno� �'� rD Dt I)a I7w DL D° M$A Dy D Dw. DPW Dk. .DOWWW a t p.rl: RD D P< x Ao�trq AST!F**+v t? Ars IT tom.M*+t+F u c tiD �n�ow- No Sergeant John Celestre C UW- P„net ro s.x� r.c r,.Dow zz t 0000A l fkrq-I MO) - 0023 `- _.13i� +.x-Flab+..�r.•^'y'�:'t;�r'. '??r"v` 'N';'fK'i_.a1;'�,6��s""`"�`a� "'E*'” �+` (y� n- ` ` +. t.0A do f Grs Cwt C ``i*n• Ca�r wr+ �s7"�} - i -sa... 95-10679 Cen A. T '�"•" T.Caw _ HORNBERGER, Brigitte -- 4 19 5 2r t an of t0cctr:rence x 2 Anderson Way, Martinez �ERGER Anti �n,pa,dre.K+cgr�Fw�+6.ts+C ts•+r+.e,we.Gi.�tr•.A�Ue.O,u.r,te� �snG!wtt'W uSaetxK't�eos.r nc.+�-.Lru.'►�„r+cr.W s.a✓><,.o,. Dr►vwoh,tseswr irr+rT�,as,W x,pck4a Ttxs'low •Lal he F0"X>� D.KXR N C6"WIC y.NO"&1;.*Worr,Cl D, t1 C"ICI 10WIP"VIM,F)A46.0 TVA e+:_ tt A.c o-v+e hOWNS without inflicting mortal injury, so that the S can then be subdued and _takeninto custody. I was also aware that beanbag rounds are capable of inflicting fatal injury under, certain circumstances. Gackowski said that while the Team' s intent had been to shoot the S with a beanbag round that through an error, Baeta had loaded his shotgun with what is commonly referred to as a breaching or shot-lock round and that it was actually a breaching round that had been used to shoot S Hornberger. I again knew from past training and experience that a breaching or shot-lock round is a specialty shotgun round that is 'designed for defeating locking or hinge mechanisms on doors or vehicles. I was aware that a breaching round is usually composed of very fine shot or other small particles of metal and/or ceramics . These small part icles' are commonly contained .within a cloth or., plastic _, container and that the round is designed so that it will penetrate an inch or so into a hard surface, like a door- locking mechanism; shearing the locking mechanismand then the material in the round will start to dissipate. I was aware that shot-lock rounds can inflict serious or lethal injuries if struck by one at a close range. Gackowski told us that all of the SWAT personnel that had been present on the scene, with the exception of Deputy Baeta, were gathered in the downstairs training room at the Field Operations Building. JGackowski said that Deputy Baeta, along with one other SWAT Officer and a DSA Representative, were currently in the Patrol Div rsi, Library in the downstairs portion of the Field Oper Building. I suggested that Baeta be moved to the 't room" , located on the second floor of the Field Ope Building. The safe room is used primarily for the interviewing of Vs of sexual assaults or molest cri i it is designed for both comfort and privacy. Baeta and his DSA Representative, Deputy George .Yamamoto,---subsequently u iya.a� Dt CK, DDE DL Dp ns�, Dv Dr—ft" D4"- D D Dowww U h*wO+r C k D Ami 0~1 D Ka. D s►C to Alswr" DWAr fp-Q t?.0" ,Tae wr.., u D+: L3 PM 0 Cap.ft D Caw* ON- D b" 0 ft** Sergeant John Cel es tre Co �}Oow fi A�^►�+{fW. P''r�+t? 7'D i.+�• r+o h.Die iI,�P 0024 ._. ,3:{•...'w+Ja3t�^^a^ rL'3�?�?';_v,+tz,+��.i'�'�,'` "�"�i^,�`.4''x '`-'�+3YY" `'" `�'-..tf:LkG�...Zs%S'.'��d.'��s3',1'K�`1`" '�.a t.�t�'�k�;E�✓�"'��;�'k'"`�'•a, �"Z'_T..`'_5.:"`f}`7�vo..i:.�..�..`e,;.�,x�.�3" `�+�`•7P•L, v VA#00 95-10679 c vHORNBEftGE�, Brigitte 411919 5 cu:-rezxe 1� wr*.LF.K?ERGk An_thonv_ Louis Way, Martinez A22 c tt rrwi�T�N­V"01- u�mbe .iru Na+tiC*e ti Fyrr }�y�raiC.P-0=7-14P-0=7-14 +d.LrrG tsesM^•11vr.►!,r"tu'•Mvtl� oma+*, ksne t.tsx� w�rt+cw�t� +' F.•a.4r W-t++<!�Gam._ W-wo Tow.. x W .hti�.+o�ICU•Lt*A .L&I tr F K Cil�+� �*�R d;«.�sxy.fracas trJr+��Ct 12 Asc o wvc pimp" i moved to the safe room. Deputy Jess Deanda of the SWAT Team also accompanied Baeta and Yamamoto upstairs to the safe room. I spoke with Sergeant Rich Woolard, the Assistant SWAT Team Commander. Woolard advised me that he had checked the weapons of the other SWAT personnel that had been present, i. e. , the rifles, shotguns, or submachine guns , that they had carried. Woolard said the only weapon that had been fired was Deputy Baeta ' s twelve-gauge. Benelli shotgun. ,Woolard stated that he would make up a list of all weapons, complete with their serial numbers and condition at time of inspection, and that he would subsequently, forward the list to me. I then spoke with Captain Gackowski. Captain Gackowski told :.. me that the ammo can, that contained the "beanbag rounds" and -the "breaching roundels" ' had' been moved-' f rom -the , SWAT-Armory.._ up to his office on the second floor of the Field operations Building. I advised Gackowski that I would like to take a look at the can and do a brief inspection of the contents. Gackowski and I then went into his office, and I examined the 'ammo can. The ammo can was a standard GI issue, olive . drab, . 30 caliber, ammunition box. on the latching mechanism of the can, .there was apiece of silver duct tape labelled, 1112 ga. stun bag. " The can contained nine five-round flat packs of twelve-gauge ammunition. Three of these five-round flat packs were MK Ballistic Systems "Master Key" breaching rounds. " Three of the other boxes were MK Ballistic Systems "Flexible Baton" rounds. The other three boxes were silver Winchester Western boxes labelled rifled slugs. These three boxes had then been subsequently hand-marked in red pen or red marker with stars on the end of the boxes and the word green on one . box and red on the other two boxes. These three Winchester Western boxes had also been marked on their sides with red.. u crrM.iw� D� Dt Del► D� DL Dp D DY tea«+ Dris �..rssscs D DCyKv►++ E:Se�r:ge:ant 17.c.+. r TWO"-a L3"+e++%rck L3� L2~' I�"L0 D°'� Sohn CelestreC opm crew+ oc n* o•- L7 N.r.•.F1.rstro s.�.. rw.+�s.. w no) . 0025 -`.J�'9.'.+.5:'.et.4:i�.�:Y.` �pl�.�L ? f r, x >y,,S?}_ty�iC!WKStL`itKRY�+3.. h el,�,, '�'.'j;,s}�4'y' x ryG;`r`.c S•saer ♦ '"�.i,,�r�� � �� � „,.y 3� .�( �X �,.`T;�h,.. :i�+R'r? •Y `fa"�5���. ,2y�_°i?s..,..ie+�,"'!•.B`� �.2�,'�'�+."�f"1.�?'�i��..;�"}'n"!.�^��..L'+�".�e.��...�I3�'7t'�''-"';,�1.::. 95-10679 Cen J A D : 236 :fti Ta..o� �1 �-, H4RNBERGER, Brigitte 44/19/9151 _ r f tion of UGctil�reT�e - IC t'w.a ►.w 2 Anderson Way, Martinez HORNBERGERAnthony Louis �,tc.,ndrC.Kroor+traG.rw.+*C.L.orG�i.'�.^.�.Kw�^e•.Attclt o,»*tsq ks"+G'wit'w.,,t,,roRr't Wt'W�Fwn.A w`.t:�K L7 O'tc+ *r��Raimo Tti�� Mcti.►s Tyr.r,Ml.t.t+cJ.+o+Ttxt'Lar -LAI PFG:1L�•Y++fC+C}+t.'YER A�Ca+nuc�.►+rxat.t; .rry.G14o+Y^G pen or marker. The markings indicating that the boxes did not, in fact, contain rifled slugs, but contained beanbag rounds . The boxes from MK Ballistic Systems were all of the same size and the same general color. That color being yellow. The boxes were differentiated from one another by labels on the ends and sides of the boxes. The labels on the ends of the boxes were all white in color. The labels indicating what type of rounds the box contained. Three of the boxes being marked, "Master Key. " The other. three boxes being marked, "Flexible Baton-twelve standard. " The MK Ballistic Systems boxes also had labels affixed to their sides. The labels on the side for the master key round were white with red lettering. The label stating, "Master Key forced entry ammunition. " The side labels on the boxes for the flexible baton rounds 'were red in color, with black lettering indicating, "Flexible Baton-twelve standard less lethal ammunition. " The boxes were oriented in the ammunition can with the three boxes of flexible baton ammunition side by side, then the .three boxes of Master Key ammunition side by side and then the three relabeled boxes of beanbag ammunition side by side. Of the nine boxes of ammunition contained within the ammunition can , eight of the boxes were full , and one box of the Master Key ammunition was empty. Examining the individual' rounds of ammunition, , both the Master Key ammo and the flexible baton ammo, app Lar to be standard sized two and three-quarter inch twelve-gauge shotgun ammunition. The Master Key round has a translucent white plastic outer case with a "high base" brass head. The individual rounds of ammunition are marked in red, "Master Key MY Ballistic Systems. " The flexible baton ammunition also has a white translucent plastic outer case. Through the translucent outer case, you can see the red cloth pouch �W pL D0 Z)8A 0V I� ro V.— D P- Q.k, 0 cWWW D _` eaSI.two T�vwwn' u CO II�fto Sergeant ohn Celestre row s 0".,r", 0026 A - L 95 10679 r. �rD v"*"*'• • �,W HORNBERGER, Bri_gi t to 4 19 S > tion_of D_-cur-rence '� `"""G "� 22 Anderson �3av Martinez �ERGER Anthonv �, ►,mac..-+,0-- l- in ga,,csrc.pa=,V-ed F*V"4, Arocs4 o au++R, k snC uat,w W s�4.cOrrF't liaei+.K•+nus-.Lru M eiw.u.Jsru..o.:o.scrc++v,.cats w. v-swj Tvs.W.a, Tau'low •I.CCT k F 0i1.0*V1*4Q ox--A k Ay comwq ++mm t -or-or.L1 0-0-14 Fwn.D,V--O -r?off+ r)04 YYa est_ compressed inside of the shell. The flexible baton ammo has a "low base" brass head. The flexible baton round is marked in black lettering, "Flexible baton-twelve standard MK Ballistic Systems. " - Captain Gackowski also had in his office in addition to the ammunition can and its contents one round of MK Ballistic Systems Master Key ammo that had been found laying loose in the back of the SWAT van. This round had apparently been dropped in the back of the van at some point during the operation. I requested that Captain Gackowski keep the ammunition can and its contents, along with the single loose round, secured in his office. All of the items could then be turned over at a later time to the Sheriff ' s Office Crime Lab. For additional information on the ammunition can and its contents, refer to the report and photographs from the Crime Lab It had been determined that I would be the lead investigator in this case. By this time, investigators from the Contra Costa County District Attorney' s Office had arrived at the Field Operations Building and interview teams, made up of a Sheriff ' s Office Investigator and a D.A. Investigator, were set up. Each interview team was then assigned to interview, individual members of the SWAT Team and/or Patrol Division that had been present or involved in the incident. I was paired up with D.A. Investigator Ted Spyrow. I advised the other investigators that I Pad already contacted Brigitte Hornberger and had secured a consent to search form for the residence on Anderson Way. I briefed the other investigators with the limited information that Brigitte had previously given me. Several of the investigators, including D.A. Inspector Leary, D.A. Inspector Kaskey, S . O. Sergeant Weckel and S .O. Sergeant Ingersoll , then went to the residence at 222 Anderson Way to inspect the scene prior to conducting interviews with members of the SWAT Team and/.or the Patrol Division. At the scene when they arrived Ely Mewww C)SO c tl Aa»r�•y OM�+►th+w+V t1.0erw Trr MrfMe' uco C3 C) o� IDry,,,»pN�,i Sergeant John Celestre n o.,. — rt App..rP+*+V so stir. w n. ,h ►cry s vo-.I no) 0.027 95-10679 _ Cen ATi T.1 _ ``'►•^ Y,oa++r. OIL F.W 7.0s s One ftpean HORNBERGER, Brigi to 4 19 95 - 12 Ttion of tacctixr�r�ct ,c *e a r.64) - aerson Wav, Martine HO ERGER 'Anthony LQuis kr�.p.rMrC.�7t'��+.M+d.LaK l.�'^•IrT.ll.rM+b+".�•srJl.O„r�+try .rs�+C`}.4�ct'1.4 n.Ra,c9xKt�taW K�mflr.Lr.t'*frnt+r'.I,�iriMSs»o,,,�'�vrx,e,,isc�bo* M�►�T•&-w.W.a,Pv:*�10U.Low •Ur Mr FC;.I.>w --0-txk A}Grssv+c}.Mcx+e Y:Jew.�t} Ct '^G f«ws a,w.o L1 D�o� iwMi++�L h�4ao flr• es;_ a;rr,w—&K 0+-00sof Gc+oa # Mac r,*o"z F were Criminalists Paul Holes and Jerry Cauthen of the Sheriff ' s Office Crime Lab. Also at the scene were Detectives Mike Fisher and Kevin Daley of the Sheriff ' s Office Investigation Division. For further information concerning the scene at 222 Anderson Way, refer to the Sheriff ' s Office Crime Lab reports and the supplemental report by Sergeant Ingersoll , dated 5/23/95 . Prior to starting any interviews , I ran Anthony Hornberger for prior contacts with the Sheriff ' s Office. and prior law enforcement or criminal history. I found that Hornberger had been arrested on four prior occasions in this County. On 3/6/80, Hornberger had been arrested and booked at the Jail for 148 P. C. , no release date was listed. On 7/22/86, Hornberger was arrested and booked at the Jail for 148 and 647 P.-C. . He was released on 7/22/86 . On 11/6/88 , Hbrriberger was arrested and booked-'at the -Jail-for 2315`2a CVC. He was released on 11/6/88 . On 3/8/93 , Hornberger was arrested and booked at the Jail for 69 , 148 , and 273a (l) P. C. He was subsequently released on 3/10/93 . Checking the Sheriff ' s Officer Master. Name File on Hornberger, I found that Hornberger had a total of eight contacts with the Sheriff ' s Office. On 3/8/93 , Hornberger was listed as a S in a child abuse case, Report 93-6817 . On .9/10/88 , Hornberger was listed as being involved in some type of a civil case, Report 88-22773 . On 9/27/87 , Hornberger was listed as a -U, type of case unknown, Report 87-23948 . • On 9/20/86, Hornberger was listed as a V, type of case unknown-, Report 86-22868 . On 3/10/93 , HornlSerger was listed as a V in a civil matter, Report 93-7052 . On 9/13/86, Hornberger was listed as a V, type of case unknown, Report 86-22237 . On 11/24/87 , Hornberger was listed as a S , type of case unknown, Report 87-29045, and on 12/19/87 , Hornberger was listed as a S, type of case unknown, Report 87-31178 . Hornberger also had a .CI&I Identification 17M04946236. A copy of Hornberger' s CI&I history was not U Dow n nV%00 n n n n.0 n..r� n+�a j�s++c *��..�,•+� tT.n.. ,z... a om Sergeant John Celestre CO a, ftr►.c s 1+.+.♦n+t - 0028 +`.,,•a!:}.44..,ate.�Ebms`•�m'r?Y'sl.:f'�.,`.w'�.' iL�^� '' .�.-ti � x{^ .` ��;� i i � ; .. .:a� ' ; r , � :� . . ; 4. ., ' ,; ..7<^^.^k-a�,.: .-a"�: 'rc�, -,_�r?y.'.'�%�.-�n.'+��.;E"7 �"y,^x`a'`�.t�T�''�L���r.R`+��+r. i '. '.sT�•s��:i. 95-10679 Cen A T D �.a.rr� +w•�t HORNBERGER, Brigitte - 4/19/95 j � tion oft cusreme - x �►..••,.c F. � ._*M/Anderson Way, Martinez ERGER Anthony Z-4'0081L ywt o.G.p.,C01.V_W, Fsrs+6.!oK sem^,..+�.wTt..►1scs. cv.R+r� k,nc'T4s u'w�,.*,Orr. O r r,r,..a, ^,ra Tear,W.t.l+Gi�Ot IOU`Lao . h FDLLD�+c+Cif R Al CUM W' C; Nc ur._;. M7.C7 tao+4i'G p,rr**_-ws.K Cbco+ t ws lTWWI; i immediately available. His number indicating that the CI&I rap is a manual rap, and I subsequently requested a copy of it from DOJ in Sacramento. I retrieved a copy of Sheriff' s Office Case File 93-6817 from the IMS System. This report. indicated that on 3/8/93 , Hornberger had been arrested for child endangerment. Reviewing the report, .1 saw that Hornberger had become involved in a domestic dispute with his wife, Brigitte. Brigitte had subsequently contacted the Sheriff ' s Office, .and Patrol Deputies had responded. At that time, the Hornbergers were residing in a mobile home at 188 Damascus AMA Loop in Pacheco. When the Patrol Deputies arrived on the scene,' they found that Hornberger was inside the mobile home. He had his daughter,- Jessica, in-the mobile, home with him.. At the time of this incident, Jessica, was approximately six months old Hornberger was highly intoxicated and armed with a Ruger . 44 magnum revolver and a Remington twelve-gauge shotgun. Hornberger, several times during the course of the incident, threatened to shoot and/or kill the Deputies and several times challenged the Deputies to- come into the mobile home `and get him. Hornberger was subsequently arrested without incident and booked at County Jail on charges of child endangerment and resisting/interfe'ring with .,an officer. On 3/10/93 , Detective Veda Mortensen' presented the case to Deputy D.A. Mike Gressett. Gressett had not filed any charges in relation to the case, and Hornberger had been released from custody. For additional information, refer to attached copy of the Sheriff' s Office Report 93-6817 . At the time that I reviewed the 1993 case file, I had no way of determining whether the guns seized in 1993 were the same gun and/or guns that were involved in the shooting that we were currently investigating. nO n&A DY DA- D Owww u . RC D f++c x V V 0...+�,t�*�r t 7.caro. i?.. a wrw.- r co D�� nam CW_ D *�,,,,, Sergeant Joan Celestre fc•r,+_ .,n�, 0029 ....✓_S`...Itir�3a�S_r>.e4-zcL»:.S:a:12*n$nt<�`,t.-x.s_ib�^" ?�J++_,fii-'��'i�,�'�F�•�fi•4'�y'�a� .r�..1ti' v'pa��.'�:lr'`��"r��M '�"'s;t� �R�k' + .��i5��. F, A~AND- 95-10679 Cern c«.. �� .�... r.Ass o r 4 Pmov "'° D "''a°""` '�` �'`° HORNBERGER, Brigitte .L19/95 S ' tion of tccurreme ,c r'..�.�. r.u� �21Anderson Wav Martinez R� ERGER Anthanv Louis 1'ni+a+*+�.F�rid h+n*C.LL+K Si�+r"•ly+*.W�'tK•,ArarJs.C7.+.hR7 irs�C Wya'W n�t.C9++'K'1�a'�►i Fa++i.Cir W'+e��Q Coe 1O++M+�T*��Arip T}r�;�n Mrr.T&"r.WA,PCk,u.Tou'Left •l.� !r FOuDwlhrG o+t?{R N Cvy.r�t�.+.ou�t;is,rsrn C1 �^ii a;r r,."rs..K mdh- ana 0*cc% A wt 12 &.ao+'r"ol P-WON 4 I also retrieved a copy of Sheriff' s Office Case File 93-7b52 from the IMS System. This was a civil standby case that took place on 3/10/93 . At that time, Hornberger requested that Sheriff ' s Office Patrol personnel meet him at his residence at 188 Damascus Loop and stand by while he picked up some of his personal property. The report indicated that Patrol Deputy Bob Ortiz met with Hornberger and went to the residence at 188 Damascus Loop. Brigitte was not home at the time, and Ortiz advised Hornberger that he could not pick up any property without his wife being present and that incident was then concluded. Refer to attached copy of Sheriff' s Office Report 93-7052 . The other Sheriff 's Office Case Files that indicated contact and/or involvement ,with Hornberger could not be retrieved from the IMS System, due to the age of the reports. I - - subseuently .contacted .the Sheriff.' s Office, Records Division . and requested copies of all past reports involving Hornberger. After I had reviewed all available past information on Anthony Hornberger, D.A. Investigator. Spyrow and I went to 232 Anderson Way to recontact Brigitte Hornberger. We contacted Brigitte at the residence at 232 . I introduced Investigator Spyrow to her and explained to her how an officer-involved incident was investigated and explained to her what the D.A. ' s involvement in the case was. Spyrow and I advised Brigitte that-we needed to interview her at length and asked her if she would be willing to accompany us to the Field Operations Building for an in-depth interview. Brigitte agreed, and we subsequently transported her to the Field Operations Building for an interview. 1.t ta+ra,+wts•+ �O"r� D► Dc 01>k 00( DL D.o. DIA Dy D ter*«, D w. D © �. D a.�..• Dl4Mwt CL DA= =} 17.jo�wwmw ,Tco DA* E)caw* arc- [3 MM Sergeant John Celestre D Cr,r rt Ns�+�+4 •'►•r++� to s,,�. f.o n.Ase zt I 0030 -?2::�tan�la�:+^',�6e^��,;Rims„,Zsa.;L'��`.:� 3+Y+Y'e!+!�`�eiz'k�a"�1.�3."',�.a;eLzs.;:�C✓ird,tty�t' '..�, n��t'�.a�s:�'r.�en. r,""'k`.I*� '"''"�+{ �' ,._ },- ..; s., ..� r 'r. +�.� `�' � �'NF ..� A pow` ,.pn►.�. e = t *.&Lam 95-10679 C . D HORNBERGER, Brigitte 4/19195 tion of Uccu:rence '° «"`"`•�-f.") �2 k� erson Wav, Martinez "MERGER, Anthon Ysr-ctvrArC.R.rcot�rM«i 11 Prop" NOWWW- f9,00.4,L C SIN*-•hbo*.k.M b.'.A,rt+JI D,,&ftfi Ira�+r!wir'wn.s.�ro+�r*'1 W-04W k-'MJW.Lost'1i .Nrar�ssnwv« ��a�uon.c., volt 1t w«Tr+x Wx.Pcs.+M tau'lar •LJn ►K Fo:i a►+U+G pf R Aj csx+«rsc y,++�c+«s t;.«r,.r+Y C1 ^4 F.-I,p,wr^" !�Oma« in✓##r+.1t f}Karo Ty, Q;rr,w-*rl K wt%.srho►d ikcot b h"c On 4/20/95 , at approximately 3 . 29 a.m. , D.A. Inspector Ted Spyrow and I interviewed Brigitte Hornberger at the Field Operations Building. The interview took place in one of the interview rooms at the Field Operations Building. The only _- ones present in the room were myself, Inspector Spyrow, and Brigitte Hornberger. The entire interview was recorded on videotape. The following is a summation of that interview. I again explained to Brigitte how an officer-involved shooting was investigated and . explained to her the role of the District Attorney's Office and the Sheriff ' s office. I asked Brigitte if she could tell us about what had led uta to the shooting and also about what information she had or what she had witnessed concerning the shooting. Brigitte told us that the entire incident had started at approx*mately h..a.m;:., on _.4/19J_9.5 . 13r�g tte said that she had gotten home and that Tony had started iLo­ ` interrogate her" concerning where she had been, who she had been with, and other questions about her friends and her relationship with her friends and/or her friends ' activities. Brigitte said, that this interrogation went on for approximately three to four hours. She said at that point, her two-and-a-half-year-old daughter, Jessica, woke up. Brigitte explained that Jessica had been suffering from a cold lately and that Brigitte: had taken her the preceding day to County Hospital for an examination. Brigitte said that when Jessica got up, she had been coughing. She said that Tony started making accusations that Jessica' s cough was not due to her illness. Brigitte said that Tony started accusing her (Brigitte) of molesting Jessica or allowing her friends to molest Jessica. Brigitte said that Tony stated thatJessica ' s cough was not due to her cold, but was the result of Brigitte allowing her friends' to have Jessica orally copulate them. U prsr won 17 ' =77v- E)1 L?c IICA Dcf L7L Do D&A DV Dom+•+ fly» M Dom^ D D•l.,«W Ch.. t3~1 D IID. D PC *c Ansee" pr«6+«r!►+N 11.Owu /Taft 00.000 [3p- ow"O", 0 C.WW.r or D 640 Pw'.t Sergeant John Cel estre Co 0031 U 'P.O. Boz 391,Martjr*z,(-,&III rTUI Y+►3�•i.:__:F..� �.~,w U kr:r. It C 7 tww l..te+*wrO a A.r►. t avruraa �.pw ao. 7 ! b tiuts- 95-14679_ Cen A. - i ' '""'" HORNBERGER, Brigitte 4/19/95 it Lc,,-at-ion of Occtr:`reme "'r'"' 2 Anderson 'Tay, MartinezIiO'RNBERGER Anthony Louis ♦i Prop" f' }racrro�C.RaaNr�eiFyur+Q.LsGls.�r •Mr*. A^Cj, O.WAVtj Or",Luis't-4% AC"r*tuta+mombr.&&aWN--tw-VC*SVWUM.LW W-W Tv+r.W.a.Musa lou'Los •LST sc FDAt>EC61M WC 1:►wxaa.9,.*,0 7:L)OwIr rV F,ea.0,ve-VOL P DNA iww'No tt r)P4 0.0 Q;tr.a.••*s.K aocot 4�.ac Brigitte said that the verbal confrontation with Tony concerning his allegations of Brigitte ' s molestation of their daughter or Brigitte ' s allowing her friends to molest their daughter continued for some time. Brigitte said that Tony at one point got a "rifle" from a storage room• and proceeded to assemble and/or load this rifle. Brigitte stated that Tony had a "deadly look" about him, a look as if he "wasn 't there. " Brigitte said that Tony began pointing the weapon at her and at one point had her down . on her knees, pointing the firearm at her head and/or face, making statements to the effect that he should kill her and stating to her that "your life seems precious when you ' re about to die. " Brigitte said by this time, she was extremely scared of what Tony might do, and she began agreeing with him in ..an effort to placate him. Brigitte said that Tony.-thea started to-bel leve that .there , were individuals either outside of the residence or on the roof of the residence. She said that Tony, with the gun, began checking the doors, checking outside on the roof, etc. She said that Tony kept the gun with him the entire time and made :.her and Jessica move from room to room with him, as he checked for these individuals that he believed were -loitering or lurking outside. Brigitte stated that at one point, while theywere in the. kitchen area of the residence, she and Tony got into a fight over possession of the weapon. Brigitte could not give me an estimate as to how long this fight had lasted, but it had lasted for some period of time and had moved frpm the kitchen into the other rooms of the residence. $rigitte said that she was struck several times during the course of this physical confrontation. Brigitte said that by this time, their other ten--month-old daughter, Jolene, was awake and that Tony seemed to calm x Garrgyro++ Da DC nDA nC* OL n¢ DD nY D DV%- Dow DAl- D«WWW D*V NWV aL p,,= 0~1 M KO. L7 r++c ,a n�.+r+�Oft-Y P—IQ 17.a.ta /Tact WOW Sergeant John Celestre CO 0032 .i 7 5. „"'+.s �..w* Yi, "��_ 4�:, .. '•1. - ,;.`it "- -._�; tc+ .t4` +�" .%ate A�xrl.�. iKv ii i.a.s 1,ir` �ikdl?ni r s,:ara3rO.•r4 �+ tart v` 4a5 ++� y7" s ypa ' $!"41�. Lj..w-- box jV I,mail WIPS-4, .eg••e j$s.,,p�.�r.esri :. i CsV^Poo7 C+.s 1.L�mGaur+anr+ a t+ew e.ecru • - '" - 95-10679 Gen A.D x y"""• �"�' F'� HOMBERGER, Brigitte 4/19/95 - Lo-ation of UCcusreme •'"'•+«r"f'`�� 2 Anderson Way Martinez ERGER Anthony 11 trvov', , trrpwa9rC.Rr +Mr76 Fsr+d.LsC f3tW^•fr*•Ka*nb►'.�UttJ� 8,anf4, �rsr+C'L4kt'W+o,+tiC9fM t l.to4r N.r}nbr.lra'/,�,srrpe•.II.�+5tvc+ut C�svovan.lauke� 1t`rTbd W W.*.Pvc: Orr Tow Los •LXI IN Fo"-,W-,o 0&->Ek N C,-W,4y.1+0ca�;k.Mrj.Cj Lao/+�i Fes,o,w.e+.a L10 iawv*+Rl Fl R+ro 'h► n:_ K i1y i.�cy 4boc7t t!1�at { down somewhat and allowed her to fix breakfast for her and the children. She said that Tony stall appeared to be paranoid, and he made them eat breakfast sitting on the floor near the doorway to the kitchen. Brigitte said that Tony continued to believe that Jessica had been molested at some point, and he began making phone calls to the police concerning his beliefs. Brigitte said that Tony tried calling the police and was disconnected several times. She said he then attempted to call his sister, Mona Murphy, who lives in the Clearlake area. Brigitte said that Tony left a message for Mona on her answering machine and within a few minutes, Mona paged Tony, and he then called her back. Brigitte said that Tony told'Mona that he believed Jessica had been molested, by Brigitte and/or her friends. Brigitte said that Mona told Tony that if he believed that Jessica had been molested, that the first thing that should be done was for Jessica to be taken to the hospital for an exam. .Brigitte said that after Tony had talked with his sister, Mona, he attempted to contact CPS in an effort to get CPS to respond to the residence. LBrigitte said that Tony told CPS that he felt that Jessica had been molested and that he wanted them to come to the Douse. Brigitte said that apparently, CPS also advised Tony that if he felt, that Jessica had been molested, that she should be taken to the hospital for an examination. Brigitte said that after Tony had spoken with CPS, he decided to take Jessica to the hospital for an examination. They then packed up the children and went to Mt. Diablo Hospital in Concord. I asked Brigitte why they had gone to Mt. Diablo. I asked if they had some type of an insurance Dt Dt D� DC-E DL Y 0--arm.- D v%- Dow. D.►.• D O—Apt D O*+�.•r+►a- p„cs D..rl L7 moo. D wC it �...,�o,..�r� CO D D�+ o•� D ^+r.. Sergeant .john Geles t re 0033 .. r. _ .j .. (',. ..! .` .:. .' ;:` .... [r•.-. '. r �" .•'ems--,gym- �.... v ...r r. j!`x1ikiil9(w..l.osi,�i"i� �,.r}�d1•.f2L.W34�.Rr'r. "' .. sf ' YcaCSr .+" T "R •li�..'':i'��la.Mr,�.,ti�f``."'" t\'c::.rt wrJ"^' 1 55. ' ,•" _.{ -.,,, —,t S. f. ,s. r a .t ,wu..:a"�at. ��t.rpr!.tF:s_s`<<m,.V."r'`N .•c?rr,, b'•�3•e`.',"r�.eti`2� ' aei� 3' � ,.�'" U SJ 1 • Lam»+' ! Gtt L:w ZILOA 95-10679 Ce2 i A*c.rsuiL � +' rI _ HORNBERGER, Brigitte 4/1 5 tca�:i ion of tic cu�reme ►w+�.►c. r.+cr 2nderson k'aY Martinez ��GER Anthony s t 1 troc�'t�J.+or'�L !�O„ka.c.�*�r.w*G.t.c�sss+r•rR.w�*�+.•.ArtrJt.quu,ft, s-.i•�c�wx,=w�,�t.csxFt wa1 K�++s�.•.s.•,a•µr+�» .v.,�.na..o,.cy.vs�+c•,.�..-.yor Mrw.7v.r>.Wx,►,eat.+w Tou low •c.ss r.rOLLOW wo DA—Dek N C: W%C).ho.a t;.*W10rr.C)CLOOWnp rr•..0,vr-osa.t}Ofts,AQW "wNt r)Oka P.* K++a.�04cot A w.c t2 R.c.o-•pry!hs�b a coverage with Mt. Diablo or if there was some other specific reason that they went to Mt. Diablo, as opposed to County Hospital . Brigitte told me that Tony didn't want to go to County Hospital because he was afraid that Brigitte ' s father might be able to influence the staff at County Hospital to make some kind of finding that was not favorable to Tony. I asked Brigitte what she meant. Brigitte explained that her - father had some money and possibly some influence and that because of this, Tony felt that Brigitte 's father might be able to conspire with the staff at County Hospital and get the staff to take some position that would not put Tony in a favorable light. t? Brigitte said.that she, Tony, and the two girls then drove to Mt. Diablo Hospital. I asked Brigitte if she had any idea what time it was when they went to Mt. Diablo Hospital : She .told.: me 'that. she ,d,.idn I t .know exactly, what tine it .was when they left the residence on 'Anderson 'Way and went to-the-- hospital . I asked her if it was light or dark out. She told me that it was light out. Brigitte said once they arrived at the hospital, they waited for a considerable period of time, possibly as .long as three hours. Brigitte said that Tony took Jessica in for the examination while she waited with Jolene. Brigitte said that at one point, while Jolene was running around and playing in the hospital area, she saw Tony outside the hospital , apparently attempting .to leave. Brigitte said when Tony zaw her, he went back into the building. Brigitte said that she went and contacted a nurse, and the nurse confirmed that Tony had attempted to leave the hospital, but they had stopped him, and he had returned. Brigitte said that eventually, she and Jolene went into the cafeteria . She said shortly after that, Tony came into the cafeteria with Jessica, and Brigitte asked him what the s► UJ�A.+s+'r D• Dc DCK C DL L?a L3 DA L]v D .01"4«+ D vw. ON- D A,. D OWWW D 0"O lr cry DA" D~t D PLO. Q fwC x A PW"000-01 F111a t1.c.. I Lws sK wo u Lk 0PWOVDC'000i Car- r3 WO Va» iSergeant John Celestre Cc AOW VA Uq" P r ufo.=Ncrl 58 a 2c 0434 �~N ! F�y33�,y N,jt?,,��;;�� a'r� ,y.j .i � a.q•., �`. _ . � .-.'tae,.. ." .. T. _- 5��:"�1 ,{�"�ti-,4:i^,,,�y'c�v���. �� 3y;�^ � �f ,..,,,+ ,D- X.' k,3,,• s,+.,(�tsf-t.��yy.. .`a '_-�a j.���� .. t.� ���t�'; �� L .�f�4 �v�S�• +�2sFi� �`L'l �'Y�'ct�inF�.s��'u�'!`�Yq� 3k vslt y u - f >P.U. Dox .ate - L�+ � s 0+�+.'t i hk wt u t. �'_ 9 I 5-106�9 ���� T.Dae on$ ASPOM iD Y,C*m A& a IL 1.W HORNBERGER, Brigitte 4/19/95- IC ioo��..aatzon of Ck car:rence �ERGERt µAnthonv Louis 2 Anderson .Hay, Martinez �,.�,pr "'.Fi�9M'1L',f+.T6.I.CC.�'+'M'^•yip.�'i°"�'t+a'.�•�t.o+.�1RT �'i�"" �titi'Vi+'..'SiC."C�Kt it03M MJTLt'.LM'i'�i.K'rC/".1�4G�1t'+itYJl C�tGCUW1.4Ki5rfln tik"II!�iaC.W.J[.►%0.04 lou*Lam •LAI K Fou.OWe.0+kG 00-.E k N Gv'+KC K 'MCr'!t1ooCTt Fi 4at results of the examination had been. Brigitte said that Tony told her that the examination had revealed that Jessica had been molested, and he stated to Brigitte, "You better go home and get your stuff out of our house. " Brigitte said after that, she went back and spoke to one of the nurses about the results of Jessica ' s examination. The nurse told Brigitte that the examination had been inconclusive. Brigitte said that she told the nurse that Tony was acting in an irrational manner and that she felt that it would not be in the children' s best interest to, leave with Tony. Brigitte said the nurse subsequently contacted hospital security and that Concord Police Department was also notified. Brigitte said that the hospital security officer and the responding Concord Police Officer spoke with both her and 'Tony to get bath sides of the 'story anci ..ater interviewing both of them, the Concord Police Officer allowed -Tony to leave the'hospiIL:a1 with Jessica. I asked Brigitte if the Concord Police Officer had written a report. Brigitte 'told me that the officer had, in fact, written a report and supplied me with the officer' s name� and the report number. Brigitte said the officer explained to her that he was not in the position to determine who was being truthful, her or Tony, and under those circumstances , he did not have the ability to prevent Tony from leaving the hospital with Jessica. Brigitte said that Tony left her and Jolene stranded at the hospital and -that she subsequently contacted a fiend of hers, Pat Bennett, and had Pat respond to the hospital and picked her up. Brigitte said that they went from Mt. Diablo Hospital to the Quarter Pounder so that Brigitte and Jolene could get something to eat and/or drink. Brigitte said that she requested that Pat go to the residence on Anderson Way and pick- up some clothes for the baby while she (Brigitte) U Cow 060,t^ /rr�wors D# nc DDA DC* Dz Do DS nY n�04 13*43 C)POW1 D ao. p we x �.«,•.e a•.�r t u.a.. r�..»wf.M co D�� Oc• o D ,»r,,,,, Sergeant John Celestre 0035 - �14^.-��rR�....-'.,."f .r_+C�.'Y+l'f..'4iis.= ���1ew�, h��.+•as.'w'-Cr1,�Yy�'!ap�' ,�L7N'�( L.;« ^� � Lj C.prp-liirr P.O. BCC 3Si At Y Ger riM }..Lt'er�fjCr „�,-` � [.MY ...a�•o, 95-10679 Cen A x ti .�.►.� ,sem.. .�. ►. r.na■ony w..»+ - _ D HORNBERGER, Brigitte 4 X1995 7a�tion of Occv:re a HORNB MR ER ,F.�Anthonv Louis 2 Tn-derson Way. Martinez sz rroo, �.trp...L +�,m�. .stu k..�Dr.�.��se�.a,. ci.s�,wd, Lx,ve, c.e. +�F..,+e.tzc •.. .►c,�a . +� o,..,t.y k.+e IVAt, WA.haiJN 7a,'Cos ,097 P,Fou v 00--AR AQ c,ss.nc,.houc t,,►r.«*X.L1 ao+++►4 ��•.o,w,•dw Ll owl iAw.+a+rnt n 0.6 6.0 Tr4 K Mac Si �5.cr+�h7iM''tt; -------------- Ei and Jolene remained at the Quarter Pounder. Brigitte said that her intention was to go stay with Pat until such time that Tony became more rational . Brigitte said that while she waited at the Quarter Pounder, Pat went to the residence on Anderson Way in an attempt to contact Tony and pick up .some clothing and other necessities for the baby. Brigitte said that apparently, when Pat arrived at the residence, Tony had the doors and windows all locked and had all the curtains pulled on the windows. Tony apparently told Pat that he was not going to allow her into the residence, nor give her any of the items that she requested for the baby. Pat then returned to the Quarter Pounder and ir)formed Brigitte of what had taken place. Brigitte said at that time, she decided that she needed to contact th : .pelice..:; .She „fel .that Tony was acting irrationally and that the police needed to become involved. She said that Pat drove her to the Martinez Police Department and that the Martinez Police Department, upon finding out what her address was , referred her to the sheriff ' s Office. Brigitte .said that she and Pat then went to the Field Operations Building on. Muir Road, but found the i; .front doors locked and no one in the front office. She said they then went to the lot on the east side of the building, and it was at that time that she was able to locate and speak with several Patrol Deputies. Brigitte said that she told the Deputies what was going on and that one of the Deputies agreed to go to the address on Anderson Way and contact Tony. I asked Brigitte ,if she had any idea of approximately what time it was when she contacted the officers at the Field Operations Building. she told me that it was somewhere around 8 p.m. Brigitte said that the Patrol Deputy that she had spoken with then drove to her residence on Anderson Way while she i Ds Llc Dw -DCX DL Dg r.se1 0.0 wC u +� ■r!►*+r+v ST ownt rwm won-, Op Sergeant John Celestre 04 . �.�.,. ,� ..... 0036 •4'tis�i+.'Y.hI��N��xd����4�`:}T` b.'r '••�.,.kx,y r.+'j::.,:y;-a1.1-... �'},� a: S ._.f w'f. ,. .. � -. T i- ,�' � �f l 3fi� + _ . c”��a%r�-.;4�'7'�2�X3�i'F!'�t�'„j-�'W"' 'Yn'•rs*„ytsr r' sr�f�a`�.'�'.�•c. 4.r- �,.�,.�., ay°',`�+•,,s?"'f YaR"�`�`;icwd `t_ °,a,.. 1„ �.�•...., . �e ►w. f C+T G+rti l .G*t+tjG • Webb" 4 1 �eua► 95-10671 Cen A TIL rD k..o HORNBERGER, Brigitte 4/1-9/95 t i on of 'Dc. �E cucrence '� " 2 Berson Way, Martinez RGER Anthony t1 trsc+"�5wrx'Aw� VIVO-, '.Ra_-*Tw d.F*Vftd,Lse.titan^•!M*.K.M+C+e'.♦tstJt Dk,>ER Aj O.+anR, kih"'ltllt`lit RlGiC4fM t u�✓� fL a Vv�,L)O"Cw ip✓1Fr+ti►n� Miert Tian.W.a.he t Tau'los •LiCT i,fDu +�a Gvrta*x3.�+ocaa f;.�i+V*f c�C+#v^GJ Q;rrwws K Md.s+�o►4 Oceae�t 1f f4►c tiI +;a.c.oe�r7G htw�'f t4 followed along behind him in Pat ' s car with Pat and Jolene. Brigitte said that she saw the officer pull up at the residence at 222 and that she waited with Pat in front of her friend Kathy ' s house at 232 Anderson Way. She said that she saw the Deputy go up to the house and apparently contact Tony at the front door. She said a few minutes later, the Deputy came back to 232 Anderson Way and told her that Tony would neither come out of the residence, nor let the Deputy in and that there was possibly going to be some sort of a problem. Brigitte said that it was at this point that she, Pat, and Jolene went into Kathy ' s residence at 232 Anderson is and waited. Brigitte said that Pat only remained at the house for approximately ten minutes and then she left and returned to her own residence while Brigitte and Jolene remained in Kathy ' s house at 232 . Brigitte- said that' 'while she was, waitin ins de .Kathy Is house, numerous police officers arrived on the scene. She said that she remembered speaking with a number of different police officers, some of them in tan uniforms, some of them in black uniforms with black helmets, and some of them in camouflage uniforms . Brigitte said that there was a scanner in Kathy' s house and that they listened to the scanner and could hear some of the things that were being said by the officers, that were on-scene. She said that she remembered hearing at one point that Jessica was going to bt� coming out of the house and that Jessica was to go to one of the officers named Mike. Brigitte said that she was unsure as to who Mike was . and if Mike was one of the officers that she spoke to that night. Brigitte said that she remembers hearing at one point on the scanner, something about. "he. has the gun. " She then heard a loud bang, which she took to be a gunshot. She said that it was approximately five minutes after hearing the loud bang x Lti++.woh Ds D= 0C DC* DL D° 0 . DY Dhow Mf aK C3A= �]b.il1 nRC �i►1., 'A a•.R� tr.a.. t Two MK+K' uCC DOhow cw"O., DCAW"* c•- Sergeant John ,Celestre . a. ........,. - 0037 L CiT Csr►� k.Gr+r+rrC CMw, ! •�.n 1 Arcau (, c+►«o. 95-10679 Cen A. i q = k...� 04 HORNBERGER, Brigitte 4 19 95 kDOWOLotion of Ucctxreme � HO�RNB`ERG�� �Anthanv q 22 Anderson Way, Martinez 1-7�yt,p—�wC.Rr tdFw.R+d.Lsr fst+r .1W+.►1-n*+CK'.AOWJI O.+ann� E)0",c* w^wt To"r.V*A.hck4s Tau'Lan •L I h F0;1." +:+O+L?ER AJ C✓n.xy."wocat.1,-* 'Orr C)CLPew^4 f✓f.D, �"•�-L7 O�►. a io t+cr*rn�►1 Rapp Tvt eu_ 4 that one of the officers dressed in black brought Je�aiti.0 into the house at 232 and gave Jessica to her. After Brigitte had given us a narrative statement as to what had happened prior to and during the incident, Inspector Spyrow and I went back through the statement and asked Brigitte some additional specific questions. I told Brigitte that due to her description of Tony ' s behavior, from past experience and training, I believed that Tony had been under the influence of a controlled substance, and I asked her if Tony and/or her used any types of controlled substances. Brigitte told me that Tony did have a substance abuse problem. At one time, he had had a heavy alcohol problem and for at least the past year, he had been using methamphetamine. Brigitte also admitted to me that she used .methamphetamine on a regular basis, using it a.pprox.-m-ately two to three times ::a week. - I asked her when the last time was that she had used methamphetamine. She told me the last time she had used had been on Tuesday night. I asked her how long Tony had been up on meth. She told me that she believed Tony had been on meth for two to three days at the time of the shooting. I asked her if Tony was a regular methamphetamine user. She told me that Tony was using regularly. She said he would not use for several days , and then he would use for two or three days straight. I asked her how she and Tony ingested their methamphetamine, whet"her they snorted it, smoked it, or injected it. She told me that both of them used meth by smoking it in a pipe. .- I asked Brigitte if she had told the officers about Tony' s use of controlled substances and about the presence of weapons, specifically firearms, in the residence. Brigitte told me that she had informed the officers about Tony' s drug usage, and she had also told them that there was a gun or D� Dc Doi DO DL Da D DVWW Day DA^ DCW. i7.o.. /TWO VPVW- D�MPOM,0��' �D,, Sergeant John Celestre CO D�,„„ ti NiP'.Mf'K SNS* !►r..q 2'9 x.,.. wo !'i.Dr k � ..�. .... ,..., 0038 1...Y'C,i � F .t�.y�''.��2T' j,'•y�1 � T rr. � ,;_ � � � �"'F P'�. u9ii��.l'1a.1` " t! at`�!' µ# *1 ✓ +.4^ ! �G.rM I.,GMrG a L1si � b� i tutu 95-10679 Cen A W. HORNBERGER, Brigitte 4/1W95 95 2 Accaation of " cureme V ""^" -' "' � C�rnderson Wav, Martinez HORRNNBERGER Anthony LbUig tt Cw►er�arti pv+Glar.R xsd FtrnQ.l oC Suw •W+.►i.r•r� .A"4CJ� OAR, i1rK'Ltatt'L4--44ttXr'c W.C4N NJmtr•,90-W Ntisr• -i/s.-s/StVo,x Ow v�pl,y�.Lacs... W-wa T&AAr.W-r.. Tou'LtWO •LMI 9%FCL !+ 044K N WMW-4).NOL411L t;.Fr+►Mr(.n, 0340 MG f✓1,Cr WtiCML P O"-o4 "L F)K&o-e Q Frrr-•+r&K 06�0-0e t mat guns present in the residence and that Tony had had a gun earlier on during the domestic dispute. I asked Brigitte if Tony had ever displayed this type of _ irrational and/or violent behavior before and if there had been, past episodes of domestic violence. Brigitte said that Tony had displayed paranoid and/or delusional behavior on prior occasions. She stated that these. occasions seemed to correlate with his drug use. She also stated that there had been previous episodes of domestic violence, none of which had ever been .reported to the police. I asked Brigitte if any of these violent episodes had ever involved the children. She told me that there had not been any prior episodes where Tony had displayed violent or threatening behavior towards Jessica and Jolene, but there had: -been averal. occasions when, Tony had displayed violent behavior toward her son; Justin She said there had been several instances when Tony had slapped and/or pushed or shoved Justin. None of these episodes were ever reported to the police. I asked Brigitte if Tony had ever threatened to kill her .before or if firearms had been involved in -any of their prior domestic confrontations. Brigitte then told me and Inspector Spyrow about the 193 incident, when they lived in the mobile home park. She stated that Tony had never forgiven her for having him arrested in the 193 incident. Brigitte said that she and Tony had •separated for approximately one month atter the incident in 1993 , but then they had gotten back together. Brigitte said that approximately two to three months after Tony ' s release from jail, he had gotten his guns back from the Sheriff ' s Office. She said that Tony at one point told her that if she ever had him thrown in jail again, he would "kill her. " Brigitte also said that Tony stated that if the w D* Dc DVA D# DL Do C)SA DY 00 war No Dvim. Doft Dom. DCWWW D k...Y o, DA= D r"W l OSLO D we x Afro W 000-7 P*rM t I.Owe r T.4.WRIm- u Cc. IDA..,,,aw"N„, C,,,,MWO Cat. DWo- P" { Sergeant John Celestre CO Dor„► it A*"owe sw^ry­Q x2+� - 0039 �'���'.r1[Y�+"},3k���3'�i."K.��'`1 .tr°'a- ',�,'q'"�i+d1d".a�d'h"a'is •.* a. 1. � ;. a :ry ': ..�� -.-.._....._ .. - r .. _ ,.,_A..ri�+.!✓rte:...�•r'Rp`ti�r'7Gs;��`S�!'�Y�*.^'3�ti�`�, ' �k.�t'Sy't�`f"''h G'�5..�'•`�'t^Q' � �a,,,�.. .-- *_ ,�,�,,,�. t.Ca+t i.o. L C�7 C«w 3,Gnr++� Caw+rarssen t D»r►, 414.)A 95-10679 Gen A2-3 cd**. +I- I.+o HORNBFRGER, Brigitte- 4/19/9_5� � D tair t i on co UC cucr6rr_e x 1_44.8.Z&'wwe!. ►.K1 22 Anderson Way, Martinez HORNBERGERAnthony s �rpcw,no.C.ltd FRrnd.Lsc. AeaCJI Q.rntt) Ir"'WAX#ILU*.A C r''t W_XW NOn�r.L.-st.' o+tucn.p� Lsuwo: w,w s Tow.WA.hc*.sa T oa'L ow .LAI IN F O"OW G(>+G• k ly C OM WC).NOLML C hrW t+*r.C;)DLOVW''G F bn,D,►e-OOL C1 oRq E,o.4p"W't,F)k+ao r , �u. ti IS+c o Y tt N7MZ7 police came to get him again, he wouldn 't go peacefully, and it would take "an army to get him. " I asked Brigitte about Tony' s behavior in general . She stated that at times, Tony was alright; other times, he - seemed to be paranoid and/or delusional and periodically was erratic in his behavior. Brigitte made mention that Tony , was responsible for their residence being in the state that it was . She said that he would periodically decide that he needed to remodel or landscape the residence and/or the yard. She said that he would continually start a project, get things torn apart, or partially completed, and then he would decide to quit that phase of the project and start on something else. She said that as a result of this type of behavior, their house was a shambles. We s oke with. Bri . p . - . . _ gztte ._about the long gun that Tony had brandished her and .threatened her-'with. . . vie:.had.<: Brigitte describe the weapon and its ammunition to the best of here ability. Brigitte apparently did not know the difference between a rifle and a shotgun. From the description that Brigitte gave, it sounded like the weapon that she was describing was, in fact, some type of shotgun. She .mentioned the fact that the weapon had "big red bullets" . We also discussed in more detail Tony' s allegations of Jessica having been molested. I asked Brigitte if there was anyone in particular that Tony was accusing of being responsible for the molestcftion or anyone in particular that Tony accused Brigitte of letting molest their daughter. Brigitte said that Tony accused her of letting a_male by the name of Roy molest Jessica. Brigitte explained that Roy is the boyfriend of one of Brigitte ' s female friends, a Lisa Summit. Brigitte said at one point, Tony had held Jessica down, removed her clothing and separated her ' legs. and pointed to Jessica ' s vaginal area , stating that it was red Di Dc no+, DM DL Dc 10*A E)V D•* 1"P DO D w. D [)[).k" D.kC..rw D O WO WI.a. D�. t)~) D Ro D BOC x ftew"V q Ov *r P-3u ,I.D" r Tom"Ov u C: D,,,r,, oti nu,00 ftv* Sergeant John Celestre G{ ID Dow 04W 0-s UWW P­4 n,D.= 12 E - 0040 � M.41i3'Mw_•,..dta:,•wy."�« ,�„y_ a:...L'-5��3+� � °" "° b -10679 Cen95 i Arzasa+ r�...� 7.CK*Rr4 ~w`_'"'• `�` r.+"� HORNBERGER, Brigitte 4719/95 ,.o�Cff��tion of �ccusrence ' •O-Woor"f'"' ' �2 3fn erson Way, Martinez �E�tGE�t Anthony �.�p,Jrry�{,R.fCP,YfLL foJni�.Lt+K.�S.^ •Mot '.Araci �tuirMt� k►ftC �4�L�I ALU q�(i�"'4 F'{1x-000 IiJT.'111'.�'� ��'.uM�CfM"5t'rlU+.i �Vi75+M.I.�GxYO�+ M'wf!&*ar.Wit,P43JN tau'Low •L!7«T ti FRLLOW�#Q RAXOL A4 C.rTr+t).krx&t,'t JwMj7 C?C►or'J^o f✓i.01 b+.-=*&Q 0"" ir,r+tr*ent F)KA tYt su_ Q;�rra++f K, wro O*C-M ^i"t z1 l�wc.o+^w-se Fs�t and that was the result of Brigitte having let Roy molest Jessica. We asked Brigitte how long she had been married to or had had a relationship with Tony. Brigitte stated that they had been together six years, but then she made the statement that they had been married in 1987 , but at one point had separated for approximately a year. I again asked Brigitte about her and Tony' s use of methamphetamine. Brigitte stated that she had started using methamphetamine approximately eight months ago. She stated that Tony had been using methamphetamine for at least the last year. I _asked Brigitte about her personal use. Brigitte again stated that she used meth every two to three days and that she used approximately forty dollars worth of : meth p.er.,week...._._I. asked her about Tony' s use of methamphetamine, particularly- within the last three ,to four, days. Brigitte stated that to the best of her knowledge, Tony had used approximately two eighty-dollar bags of methamphetamine within the last two days. We asked Brigitte if she had any injuries that had been the .result of the domestic disturbance/physical confrontation the previous night. Brigitte showed us bruising to her right upper arm and to the left side of her forehead. She said that this bruising had been the result of the physical fight that she had gotten into with Tony over possession of the shotgun. I subsequently had Deputy Cynthia Kay come into the interview room. Inspector Spyrow and I left the interview room, and Deputy Kay checked the rest Q,f Brigitte ' s person for any additional signs of recent trauma. No additional recent trauma was found. I subsequently had the bruising to Brigitte' s right upper arm and left forehead photographed by criminalists from the Sheriff's. Office crime Lab. Ds Dc Da 0 D DL Da D&A .Dv DV—ftv**-^ D VW. D No D h" D OWWW n OMP"Ck D*.= 0~1 D RR D OW— ++ Arr.r.q t1.s��w 17.Dow i loft V U pn: a,,,,.,<<,�,,,, a� D W,+^,"'�"*' Sergeant John Celestre CO rDorw &w" fN No ..,...... ..._ , - _ 0041 w i�a�'i�'i ki ih^'{ J,,, *3 � ' d` `' +` � y . i x � x- s.x. k... ,,� � �. $•"�',,,tS. o I Ger c.« �s.rr++.�c t �+s= , i +►.ue►� F 95-10679 Cen A D _ r.oew.. .1► f.+w - T.t,.w or* tlrr.R ` D HORNBERGER, Brigitte 4/1-9/95 : �,c,�,a tion of _ccusreme '° 'hr+r G F.#A) 22 Anderson Way, Martinez A HO AGER Anthanv 1 i ttiw✓q�t'r'!�n �b,,,�a.C.�}4 tzM.7nd,ls+K S'.}b'^•lrTW"+tat'.AraUe.G.rnRa kahC�4tsai'W�+1LMC9+rM s libd✓k��r.'w.f.+rtil:fi.r'�r'.VsawRevo„s Cssvpuo.,,lxaren 1rk'w•T#+kw.W.r.ho oo Tou'Lan •t.iT 0,4 FOLLOWAst+DAZ>E i A 1 CVRW,4f.bs.11;.WWI0r•,Ll c1o+w^Q F.�a. Ita4- TYs M_ K'k%j..^vt oonos tf we 12 A..c�-rtMc h.r.r"Ir t I explained to Brigitte that I would like to get a copy of the report on the medical examination that was done on Jessica on 4/19/95 at Mt. Diablo Hospital . Brigitte subsequently signed a medical release form so that I could _ get a copy of the report, refer attached. During the course of the interview, Brigitte had not been made aware that Tony was deceased. When Inspector Spyrow and I completed the interview, I informed Brigitte that Tony had been pronounced dead at the hospital. Brigitte. immediately broke down, started to make statements that it was her .fault that she should not have called the police and that if she hadn 't called the police, Tony would not have died. We concluded our interview with Brigitte, and I had -- - : Detectiv,e Kevin_„Daley drive Brigitte back over to the residence �at 232 Ahdersor Way. For any additional information concerning the interview on 4/20/95 with Brigitte Hornberer, refer to the videotape of the interview. After, the interview with Brigitte was completed, I ran .Brigitte in DMV and CI&I information,* as well as Sheriff ' s Office Records for any prior criminal history and/or contacts . DMV showed that Brigitte had additional AKAs of Dodge, Elrod, and Lafleur. I ran Brigitte in both ,Sheriff ' s Office and CI&I Records under the name of Hornberger, plus her three AKAs . Brigitte had two additional contacts with the Sheriff' s Office, one under the name of Hornberger, when she lived at -188 Damascus Loop. In this incident,, she was listed as a V in a petty theft bicycle, refer S . O. Case File 94-2648 . Under the name Brigitte Lafleur, she was listed as a V in a 1986 case, type of crime is not known at the time, refer Sheriff ' s Office Case File 86-18823 . Due to the age of the report, I could not immediately get a copy of the 186 report via the IMS System. I subsequently got a copy of M D� DC D9)A D DL Do Dw DY .n P1"N-r Ok S o Am C)~ D Ro. D we X Awww*0"4ft P—V t r.0” i Tom U 0911. CO .D�0wom, L3� osw- D,dr„� ,, Sergeant John Celestre D r� � 4..••�sw�• � � s.�.• � n:a. ��� .�...,. .._ ..... 0042 .;Y v,�it-. Y - J r u - � a ;:4:��..;. a s „ ( :. y} ,. r F a_ .•s.�` �_; ..� 4 . 3 kS`QY }mtSfr Ylt n, k Zvxf t S s��1,i ;�G Tr 7T:F. a �r"%;?.tom "? '� i�i.�yNJ t �j�a�Gu✓�' � t t" `L A 2 cry coos 3..c++*+�C , � i +►.u.0 rf::: 95-10679 Cen A , _ : 7.Caw OE] rD 7 0r4 HORNBERGER, Brigitte 4j/19/95 chat on of 'D-cu—creme reme �ERG�r. Anthony 22 Anderson Way, Martinez CA , .R,&=Ye-91&FW.-P6.trw tL:A ^.hoer.k MtW*.A.stL)# 0.4^*) �v+� 'Llskr'Lbvt�t r't�r+C K+R+�++ �+"�Mr�nD�r':LsaK�t+oo.r O+tcrtn+en.lac►t�o iR".r•Trks:Mi.a.h�a.+a.Tas'ia� .1.3� Irr FC?LLA�"wG tY�.rER Aa Cv't�^ich.►+ot�a,t;Jr-wMry'.G11.?or"M^Q i✓'t.a,rv+.dwc L}M+r'ir.1a+++►'+�rl R�aa T1ri tu. F Case File 86-18823 from Sheriff's Office Records. In that report, Brigitte was listed as the V in a residential burglary. No responsibles were ever identified, refer attached copy. After Brigitte Hornberger had left the Field Operations Building, I spoke with Criminalist Jerry Cauthen. Cauthen having come to the Field Operations Building to photograph Brigitte ' s injuries and collect the ammunition box and ammunition that Captain Gackowski had secured in his office. l Cauthen told me that the weapon that Tony Hornberger had been armed with at the residence was a twelve-gauge semi-automatic shotgun, either a Remington 1100 or Remington 11-87 with approximately a 20- to 22-inch barrel . Recovered with the shotgun were two live rounds of twelve-gauge ammunz ;on :. F.or additional ... nfo,rmation,. refer to Sheriff' s Office Crime Lab Report. At approximately 6 : 33 a.m. , 4/20/95, D.A. Inspector Spyrow and I interviewed Sheriff's Office SWAT Sergeant Greg Gilbert. The interview was done in the Investigation Division Library. Spyrow, Gilbert, and I were the only ones present in the room at the time of the interview, and the interview was recorded on audiotape. I asked Gilbert if he could give me a narrative account of what took place from the ti.pe he was notified of the situation at 222 Anderson Way. Gilbert told me that he was paged by Sheriff ' s Office Radio somewhere between 9 : 25 and 9 : 35 p.m. , 4/19/95. Gilbert explained that he is. currently assigned as a tactical team leader on the SWAT Team and in that capacity, he responded to the Field Operations Building to get his tactical team formed up, and then the team, as a unit, responded to the scene on Anderson Way. i A00 V U caw*%Mcpft tiwwo�r D• Dc Dc+. Dc€ DL Dp DO^ D" D +»� D vwo D owme- D A u O►*•r►� D Arx C)~1 D hLa D s.+c ,c �.r.�� l�+++w �,.a.� ,.. ..- Cc Sergeant John Celestre rr+MW K ham. ►K, rz.hast 0' --- - — - - 0043 �4o� a�,�,c}"�fs`�'a�;�"��''CfC'�;'7�^5�'''�`�*3�'°�.1 j{,'�'�" ,,,�'"�,1�`r ,.2 3+.?`'�"� ..tea. ;rY' 2'k r `Z-t ''.` S`�• 'ro -"1"`R'ns eta` L.! U. oQ& C'_ 95-10679 Cen A W. j236 •ti.R� HORNBERGER, Brigitte 4 10ONV5 : Lo xtion of occurrence �c ►...�,.�r•Kt 2 Anderson Way Martinez HORNBERGER Anthonv S 11 rrag4�y�'MKti Mt�*ah�K. �M�tid.LaK ti'Yy"`•err.}�,t'+Ltit'.�J'CClR.C.a►nt� MrRnC LWs'W w,rGRt9,+Rt iiod++MV ' '.Le^u. KJ*fG!".I�aairLrtic,a C`r►G CK+C✓t.LKtkD� tttir !"W,Wit,t Ot sou•Lar •LXI h F OLL_'V*%++G 04---Ek ly Cwn-C sFun.D, r)0"" TV, rs:. Q;�naxs,.K,Mtt.s.r,ore Oruox 1,lirc t2 +Sano-nese PIMP"! Gilbert said once they arrived on Anderson Way, I briefed by Assistant SWAT Commander Sergeant Ric2 and Patrol Division Sergeant John Fulwider as to situation was. Gilbert said that he was given a of the residence. He then briefed his assault tE members of Sergeant Gilbert ' s team then relieved. Deputies who were on the perimeter surrounding the residence. Gilbert said that several designated marksmen from the "SWAT Team were already on-scene when he and his team arrived and that these designated marksmen had already been placed in locations around the Hornberger residence. Gilbert said once he had .been briefed and had, in turn, briefed his team, he divided the team up into a front and rear arrest teams. He said that Deputies Mike Baeta, Dave Brown, and Chris Thorsen were assigned as the front arrest team and -took _up_a,;pos tion in front of the residence at 222 Anderson Way. Gilbert said that the 'tear" arrest team was composed of Deputies Jess Deanda, Chris Forsyth, and Sergeant Matt Chertkow. These individuals took up their positions behind the residence at 222 Anderson. Gilbert said that the rest of his team took up positions one house to the east of the Hornberger residence and waited in that location in case it became necessary to move in or assault the Hornberger residence. Gilbert said that Deputy Baeta was carrying his assigned SWAT weapon, a Benelli Super 90 semi-automatic twelve-gauge shotgun. Gilbert said when they arrived on the scene, Baeta had been assigned to load his shotgun with beanbag rounds and . was told that if the opportunity presented itself, he was to take a shot in an attempt to knock down and/or disable the S with a beanbag round. Sergeant Gilbert said that after they had been deployed for some period of time, Baeta did, in fact, take a shot while the S was standing in the area of -the front porch. Gilbert 1 ' td Q•rt!'iMD1 � - Dr DC E)CK DC* DL L?o DDA DY D"''"WU cri. E3 AM D"Mil MOLD D SOC ,c 00007"owe*T R*+^w t7.e.. Twe r so S! Cot C)AW ,t,,r00" OC.~ CW_ IDW Pro Sergeant John Celestre CC L]o.+. tt ,�r...,�i.+►• !►*+rxa xo s,... R.o rt.c.* �� 0044 -:r.;a. +�.`75.1. "'�h7��.rY_z.ii'� ;}:�,.-,•,, s��'y,,,. tii��� � «�...r �tG..r . �y -.r 3�. .<. ` .-1• ,- "S "+— .. -. :. - .+ ^' r_ r 1 ;?x,�a+�C.'�lEr�is.�'�'F.�•�.�tt�'•L�,�i t ` f dtvy52" "'y., �.. F'l^ 2 G+7 ce" G "Z 3A- — c +4 cru 95-10679 Cen A 7 : 236 k.. i r r.. •�. t.t4 7.Da Drq, 140 � t tea. D HORNBERGER, Brigitte -4/19/95 s i on ofNMa rrence ,c ►+ '•+• '# "} ` �22 erson Wartinez HORNBERGER Ant-ho-nv ImDa""�.�T'KM�.#yVnQ.LttG ltio+r^ 11+K*.�i.R+'9bt'.AtSCa�.I:>.+►h*t /''a��C'�Lk�'W�,J4rCL+tKt LL0:1�+A+id�'.!r'.LrtL'1i..X�br1".4solt1s"wv,al Drtvar++o+1.LI�txMo� Mc�r•Ts.►sc,Mr+.+c.hd.x7r Toss'lar .LA'1 1+Fp;1�Mr+G G+�"rE1l/y G,s+K+cy.�aur�t;Jr.rry'.�par++t+q Fr+ri.Dt w+tJK L7 OK.:r.Ss�+KL#'g+tri TYt ru_ t2.AMQPo Vr prop"X said that the S went down, -and Sergeant Gilbert and the rest of his team moved in on the Hornberger residence. He said the S was taken into custody on the front porch. At the time the S was restrained on the front porch, Gilbert said he was operating on the belief that the S had been hit with a beanbag round. Gilbert said that S Hornberger was secured on the front porch, and then members of the team entered the Hornberger residence and cleared the house, i . e. , determined that there were no additional Ss , Vs, hostages, etc. , within the house. Gilbert said that once the residence had been declared secure, the team formed up in front of the residence, and it was at that time that they discovered that the S had received a severe injury and medical assistance was reczuired. I asked Sergeant Gilbert what ' information he had when he fi,rst..,r.esponded,• to the call and/or arrived on the scene. Gilbert said, that tyle information that he .had:.prior °to deploying his team is that they had an armed male S and that the ,individual was probably under the influence of methamphetamine. Gilbert said that the individual was allegedly a known user of- methamphetamine. Additionally, he, had been advised that the individual had previously threatened his wife with some type of' a firearm. Gilbert said that the designated marksmen, who had been posted around the residence, had been able to observe the S with a gun in his possession and had so advised the other SWAT Team Members on the scene. Gilbert said they additionally had information that there might be a second gun inside a vehicle that was parked at the scene. I asked Gilbert what the normal operating procedure was for the SWAT Team on a call-out, as to what officers responded to the Field Operations Building and what officers responded directly to the scene. Gilbert told me that under normal operating procedures, the individuals that are assigned as designated marksmen, along with the SWAT Commander and/or D' L?C DCA L D rr,r�M►1y iiL �] r..ek DRO ts+�C x +r or+•+�r!r*+rw 17.D.+• )Tw rrK ,tc0 D00wR Dcow* o•G Sergeant John Celestre 0045 i-e:.•- ..i „y 3. "f�J•'•`t'�+t "�i yL.�,,} t sri''S `�rN`. 3 � r.7.' ' yt` .' ! X�,tj �} r� ����"`^�"}?��� 1?�L"'��1.� t+f r.� .. y tYi ao Ctr Gwr l.Gr+e*v.J C 1r.+rwouson - ♦ ii.ta, y444 DA L +4 c»u 95-14679 Cen A r _ Sea so,e T. ~ '�'°` • �.`4 HOR.NBERGER, Brigitte 4/19/95 c oc��aau on of 'cGUrreme '� � 2 Anderson Way, Martinez HORNBERGER Anthony Ys.Cov�wG.F. wti F$Vft6.Ltd b&10-•wr.N_-be,.ArwGs 0u0^ ) k.r+C,"&L* w K'&U&0a,p4.,mw.iv^w 4oT&-.w o«ea,4o%^Do%v.an,o+�. Wwe Tor.W-K.Pck4e Tau'Lor •LAI My FD:aAe++G D^_XPL A)COR V 9),+aU& Gaw++rsG F-M 0,sir+,W�L1 0"�Q+4640-o"t.tT A&" TV, to_ Q;r,raa-Rt K 0*0" R"Mc i the Assistant SWAT Commander, will normally respond directly to the scene, set up a perimeter and start gathering information. Those individuals that are assigned to the tactical teams will normally respond to the Field Operations.. Building, get their SWAT weapons and other equipment and then respond to the scene. I asked Gilbert if that was the way that this call had initially been handled. He told me that it was . I asked Gilbert when he first got his initial information concerning the call. Gilbert said that when he was initially contacted by Sheriff ' s Office Radio, he was advised that there was a barricaded S in the unincorporated . , area of Martinez, but was given no additional information. Gilbert said that upon arriving at the - Field Operations Building and meeting with the rest of his tactical team, he got the incident history off one of the computer terminals at ,the Field Operations -Building, .and: at ."that° time; learned that the individual was allegedly armed, there was a young child that was a hostage and that the individual was allegedly under the influence of drugs. Gilbert stated that when Sergeant Chertkow contacted . Brigitte Hornberger to get a floor plan of the residence that Brigitte advised that her husband had one or more guns in or around the residence and possibly had a gun in the blue truck that was parked in front of the residence. I asked Sergeant Gilbert if Brigitte also supplied the information concerning the possibility of the S being under the influence of drugs. Gilbert told me that he believed that he had gotten the information concerning the, drug intoxication and the possibility that the child had been molested from the incident history at the Field Operations Building. I asked Gilbert what equipment the tactical team normally takes with them on a call-out. Gilbert advised that all of .DR Dc C)CK. C)OE DL Do r)*A Dv D�� D,�r. D+..r�r D.�,r. Do...• n**wrsrs Q D ADs D«,�! D RO. D we x Fo.wK firm 17.Dsw /law*Wo or^ D►. or,w� Sergeant John Celestre CO L j o.,.• M mow"i.Vr 0046 +-^�=�.���..i'J+� .X..[�' -II'7*. ��'°,7..1ti.�� '•YJ;.�f" �' ^R 't}:t°`,y�'{ aiR`ii moi.�t �y� dti }.T—' •-�'..-'A�,,.... ,���.'7+ �-- ��?��+'" w,��e'a�S:�H,KL�tt�+�v���.e�r�5;��.'`,r`'�',ct7��''�'*`:. t Dow t 44 DA t Aecacu i Ci?C-004i.G+*+�Gwr*+ "^ ''7— 95-10679 Cen A D ' : `"►•" f.Dar One AMO-M N HORNBERGER, Brigitte 4/19/95 - f o�a tian of Uccur:rer e x &,^Paza 2 Anderson Wav, Martinez A HORNBERGER Anthony c t t rr ory."1� DOWV-1- *o.G.RsCnygrt4 E�u++d.Ls+C tst*�r^•aKr.N_,,"1.AftrJI Cuar+1►, Mr"IL4tt'W.,JtKORr't I.too+r K✓+nor-.t.-a.'hiert�.v scvcti:D.asrvue►.4+ca+.o� 1K`+i•Tv K• %W it.P44i r Tau LON LSI H FD"Doe.+4 o+t R iy Currs+ty i1ac...t,.+..rrp L�Cwn+t+p F tt.a:w..ewa Q Ck+w Irr+o�*.nt fl+�+s`o Tti► rs_ t2 Frc��ham►� the team members have specific weapons assigned to them, in addition to their sidearms that they all carry. The weapons assigned to the team members include twelve-gauge shotguns, 9mm H&K sub-machine guns and, in the case of the designated marksmen, long rifles. Gilbert said that in addition to the assigned weapons, there are containers of ammunition and/or other supplies that are designated to be taken out on every call-out. These boxes of ammunition and other articles are kept in the SWAT Armory on what Gilbert referred to as a "crash cart" and the team members, upon responding to the Armory, roll the crash cart out to the SWAT van in the Field operations Building parking lot and load the ammunition, weapons, etc. , into the van. I asked. Gilbert what Deputy Baeta ' s assigned SWAT weapon was, Gilbert told me that Baeta ' s assigned weapon is the Ben:ell Super 9d semi-automatic shotgun in what is referred - . 't6" as th'e- entry conzigurat. on- .i. e.J. the weapon h• ,s .a.: .' fourteen-inch barrel, a pistol grip shoulder stock, and a five-round magazine. The weapon is also fitted with a tactical sling. I asked Gilbert what. the normal type of load is that would be utilized in the Benelli shotgun. Gilbert said under normal circumstances, the load that would be utilized would be either double-00 buckshot or-.rifled slugs . I asked Gilbert if there was any specialty shotgun ammo that was stored in the Armory and/or normally went out when the team deployed. Gilbert advised there were several different types of specialty rounds that could be utilized in the shotguns. These included ferret rounds, ferret rounds being a type of twelve-gauge round that fires a small container of chemical agent, i . e. , tear gas. The ferret rounds can be used for deploying gas into a structure or vehicle. Gilbert said another type of specialty round that normally went out when they deployed was what is referred to as beanbag or stun rounds. He said that these rounds are considered a Dti Dc DV DDE DL Da Dv� Ljv l+wt� RO iHC ►'�I Gs�+�s!y'++'*v t).Drs IT U CO D Dc• o� + '. Sergeant John•Celestre �]a.,.. n N.•.e�s..•.�*nnc� rc s,a.. ,.o n.Ds k xJ ►IFt .,...,. .... ..�., 0047 -•4 .•� w -� .. 4 .r-_•r*..s.,� r ya� - ..t, �- 1._ .• `mak :. ?�" ."T"""'� T �;.. '�� V+t �'r"�.'.�'�-" j"=''�+:t'C r•'+.i',.-r�y'��?ha:,: �h�G�fi'his.'E3�'�`�����i������i..S���r"'�`°1w+��,TM^k� +'�p�' 'a� ��r1t,1't hy,�,-- {H���.1"+".,• Lit Si1 "" ♦ psM' G'i�X '.;""° 95-10679 Cen236 A T 7,raw t w.r•� ' D HORNBERGER, Brigitte 4/19/95 oction of "Occurrreme H�C)KNBF.RGER F �Anthonv c "122 A ,�nderson Way, Martinez tti rrarr✓�i�'erl�'` tnt *G„C.Rr rs4�sd*`6. LW !u*1r^.f.,?.M.rTitw.,MtJ� p,rnfh ►v+e'wu'sd. Kr'c Irtrr6✓M�mD/. .tts �Gh+p L r � #maytats kc ur,,•.'wr.W iC P0,4.Sou'Low •tJC t N F DLA+#'pto o+a�KA)Cvrt W,4y.NO"&s;J�,.s�*r C)Cu�++r�+p .�►.D, t es Q;rte..-•n K$4e6-0+rx•+e 0*00% a L"_ "less lethal" type of ammunition. They are used to stun, knock down, or disable a S and that the effective range of the beanbag or stun rounds is normally five to fifteen yards. Gilbert said that the third type of specialty ammo that normally goes out on a deployment is the master key or shot-lock breaching rounds. These rounds are designed to be used to take out door lacks, door hinges , etc. Gilbert stated that the breaching rounds are considered as a lethal round and could be used as an anti-personnel round with an effective range within 25 yards. I asked Gilbert how the specialty rounds are stored. He stated that all ammunition is stored in individual ammo cans in the Armory. They mark the cans that are to be used in a deployment. These cans are placed upon the crash cart, , secured in the Armory and then when the team deploys, the crash cart _is moved. out to the parking lot. The various cans of ammunition are placoed intothe vanand _go.:wi'h . the , team. I asked Gilbert how the individual cans are marked. He said they are' tagged or labeled with a piece of duct tape. The .duct tape is then marked with ink or some other type of marker as to what the contents of the can are, i. e. ,' 9mm �amimunition, 12-gauge double-00 buck, 12-gauge slugs, stun rounds, etc. I knew from having previously trained and/or shot with . Deputy Baeta that Baeta normally carries additional 12-gauge ammunition attached to his personal web gear that he wears when he deploys on a SWAT call-out. I asked Gilbert if he had any personal knowledge concerning Baeta carrying additional .ammo on his web gear or his person duz.ing a call-out. Gilbert said that he was unsure as to whether Baeta carried additional ammo on his person or simply depended on the ammo that was on the crash cart. I asked Gilbert if he had any personal knowledge of Baeta carrying any type of specialty rounds , i. e. , ferret rounds, beanbag rounds, or breaching rounds on his person or his .web gear H tliwrrrrra� Amy DM DC D� DC* DL Dp D«^ Dv x *j3ACD~I DRo D C D�own..R Dc..« of Dom,,,,Poe Sergeant John Celestre «ow►l. .,n») - - 0048 "rKie''i6Si*j4. .`l^ '�` a�'�,i k �� ,.�}..��a5' .at L.tt, ;, '§t..^,r-k7' { y f .L..4 r R, r.s....•a; t�*k. .. '� ^?�,;f3 ... .....'• ..t....a . .:_ ;i*".::i'5.....'�`t.t"tj:, i.`'S!y-:' nF �+:.(°"t _ � F'!'k74' 55 .`*n�:. ,,+.•/a+yy1.y� rJ^vs+ `�. M 44 )A [�!O�VOL ow. t &Z"" _ 95�-1067�9 �C&C�7_ I A 'D W ­ 236 uavv, HORNBERGER, BrigitteT.Dam Or4 &MV01M ka 411919.5 i -41 ,1 nc-A t i on of �5_c curreme 2-2 Anderson Way, Martinez-CA C) ERGER, Anthonv Louis LIV 94 FD"ZWWG 09—Xk A4 F60%.0)%Ar'-COOL E) a;rrjw"mL KO;4�O*vom t Mac Op" during a call-out. Gilbert said that the normal procedure is that all the specialty rounds are kept in containers on the crash -carts and that the specialty rounds are not distributed to individual officers to carry on their person, , ., .-,.- and if specialty rounds are to be deployed, it is at the direction of the team leader, and the officer designated to employ the specialty round will then draw the ammunition from the appropriate ammo box. I asked Sergeant Gilbert if he had personal knowledge as to what type of ammo Baeta had loaded into his shotgun at the time of deployment. Gilbert told me that when they arrived on the scene, Baeta had his weapon loaded with standard double-00 buck loads. Gilbert said once they had arrived on the scene, he personally instructed Baeta to load with beanbag rounds and to load his weapon to capacity. Gilbert that he, ' 'ta n personally saw Baeta go into the van, retrieve the ammo can Cothe :beanbag -or stun L r6xihds.�:7-;:and'-h:e­'- n _ personally remembers seeing Baeta loading his weapon after having retrieved the can with the beanbag rounds in it. I asked Gilbert what the lighting conditions were at the scene when they arrived. Gilbert said that there were no interior lights on in the van. There was some existing ambient light outside fromstreetlightsin the area, starlight, moonlight, etc. He said that some of the officers did briefly use their flashlights upon arriving at the scene, but the officers tend to use their flashlights as little as possible, so as not to adversely effect their night vision. I asked Gilbert if he. had personal knowledge as to what type of light source Deputy Baeta had -used to locate the ammo and/or load his weapon. Gilbert- said he had no personal knowledge as to what type of a light source Deputy Baeta had used to locate the ammunition box and then load his weapon. DI C)CC)CA OC* DL Do [3&A Ely 0 C)V.-O 0 fes. C)A." r—)CWWW jDP'"W-qCk DOC% 00ftil MKO IDIPC sL AWO IN q Obowky� 17.0wv /Yom"Womw rD PW 0 Sergeant John Celestre Ct PC*" Ik 0049 1 DA ao i C+7 G++ra i .Cr*r+r JC + a DOW, L+�X i Aeua 95-10679 Cen A T t 236 �+•t J'°'°' "• '6' F.w 7. HORNBERGER, Brigitte 4 19 5 - -- j t i on of Occu:-reme "'"" r."a Loma � 2 AndersonWav Martinez HOR ERGER Anthony ,� rTvwh }niao.: C4C.�'�d Fyur+d.Ltd tzow•tr*.Wr++tr`.McJi Oc+axth ►`NtrL4tr'41an./�corr'�V.ra+'hc�}n«+e'.L+-+i:'i.nayr'.�aa+saK'+ao-a onv�.p.,.L.wr vt'w+7a++r,w.a.e+ct,,cx tou La. •ia"r.,F o o+V£ti N C..,.nc y.++we t;a..r*r.C?Cot+n4 F.ra.o,w..r.�«�q C� tr,,se+.Rt 1�+ti...o firs K: 0:r r.w-Fes K 06-D IC"O-COM A w C 12 ArrJa.•r'*C trsw p i I asked Sergeant Gilbert if it was a normal practice to keep the beanbag rounds and the breaching rounds in the same ammo box. He told me that as far as he knew, it was the normal practice to keep the rounds in the same box. I asked him if he had any idea how long this practice had been going on. Gilbert told me that he had no personal knowledge as to how long the practice had been going on or when the instituted. I asked Sergeant Gilbert if he had given Deputy specific parameters as far as taking a shot at beanbag round. Gilbert said that he gave Baeta parameters as to conditions . Gilbert said some conditions that he outlined for Baeta were that non-compliant or hostile towards the officers, ; posing an immediate deadly threat or if the S was threatening te . commit.: suicide. Under these conditions, if Baeta had the opportunity to take a .disabl-irig shat ;with the . beanbag rounds , .he was told to take the shot. I asked Gilbert if he was in a position to see S Hornberger clearly when Deputy Baeta took the shot. Gilbert 'explained that he was at the house to -the east of the Hornberger residence and that he was not in• a position to have a clear., unobstructed view of the residence and/or the S . Gilbert said to his understanding, Hornberger was on the porch when ` Baeta took the shot. Gilbert said that after the shot was taken and the tactical tearD -moved in on the Hornberger residence, Hornberger was laying on the porch and that the little girl, Jessica, was also on the porch. Gilbert said that when they moved in on the Hornberger residence, he noted a shotgun laying on the ground below the porch. He said one of the Deputies stated that the shotgun had been laying next to S Hornberger and that the Deputy had pushed the gun down off the porch to get it away from the S and to keep the S from making any attempts to retrieve the weapon. K L1Mtn /1r ng r3 or -Wo"60 VWW OWWW p.r,...V Ck- L3 AM p P •c PWOW-1Pr COO*Af PTMw ,i.CWN ,two w,...- u rD OW .CWM.., pCap%* C►r_ »Pro« Sergeant. John Celestre `�w'v=+ z�r��� NS x,;,,;�`xX4'k�..'+Fl��l�1� �'�r ;��" ""���..:w� .w. � 4��. •���.it y a��' [-q7 �'.,�� ..ry r,�-d { i v' .. � +.+�-.. .`*• '��"�`�.4� -7+,y'�' ...."�'''�3'.f. ,Pn'.''i�"� ,� ie'A.2' .ti:^�a�•�9-+?Y�y.eFa{i�..� �*�SA`J.�ew' Jco�W-- Sr.rpC+i"*'�'�t - f Lei DA! CA-1Cry 1.Cir*+ Ctrw �s^ a C+tr s Arusu . 95-10679 Cen A i- _ : b �c...w T.Caw Orq AWOM „"�• • ►•+Q HORNBERGER, Brigitte 4/19/95 _ 1�� tion of bccu:-rere �ERG� �Anthonv G 2 erson Way, Martinez KKsa}Ir71C ho+Q.Lbr U04^-Mr*Nom"-,A^CJ4.OuaAVtl ki}+C f Wit'W h1SaCC ttK'i ur+6M M f Wi �+` � i+►+�*+R urCs+cn,y Ki w �wx.,x,wx.►+moo.x� r a. •ucz. Fo:.�o a 00---j PL A4 C'nW,4f +�.,x;.4-rn:0r C>�*q a;rK Ot—cft 4soes A we I asked Gilbert if he had been able to see the S with a weapon at any time. Gilbert said that he had not seen the S with the gun. He had heard transmissions over the radio about the S having the gun on several occasions. Gilbert said that the designated marksmen had kept the other officers advised of the S ' s actions and that S Hornberger had come out of and gone back into the residence on several occasions, sometimes with the gun and sometimes without the gun. I asked Gilbert where Baeta had been posted. Gilbert said that Baeta had been posted near a blue truck that was parked in front of the residence. I asked him if he had had visual contact with Baeta at that time. Gilbert said that he had not had visual contact with Baeta, but that he had had visual contact with Hostage Negotiator Nike Costa and that Costa.:-was-also-_posted -near the truck, and Gilbert was aware that Costa was in close proximity t Ba.eta . . I asked Gilbert if' he had heard any verbal exchanges between the S and any of the Deputies. Gilbert said that he had heard. some verbal exchanges., He could not tell for sure whether it was the Deputies or the S exchanging words, nor • could he tell what was being said. Gilbert said that primarily what he heard were radio transmissions . These transmissions being made by the designated marksmen or other members of the SWAT Team advising as to the movements or activities they saw on the part of the S . I asked Gilbert how many shots he heard. Gilbert said that he heard one shot. He then heard someone call oft or advise over the radio that a beanbag round had been fired. He then heard someone call out or advise over the radio that the S was down on the porch. Gilbert said that immediately upon hearing that the S was down on the porch, he and the rest of his team made their x Owra.+.vw A,arro'r D� DC Da► D DL DQ Ds'► DY r,rat RO f++C x��Ortrh!►*ry ,I.Gn. i T...VA Ow u C' a*F� DC~+ D'' Sergeant John Celestre Gt _ - 0051 1r. DA too i Ger Lw+ 1.G�+r+r��C lr reoarsw s a+�►,,t Ly 7 A a uc n 95-10679 Cen A D, 236 *�►_� P.&° 7.emu too HORNBERGER, Brigitte 4119 95 1 - a tion of Vccv:rerrce x : ' 2 arson Way, Martinez �ERGER Anthonv Lcuia �n,pov*d[.R+w�+"s4 Rw�+a.Lnrc stiow•rrr.W�rttir.usG:.O�+xrq I�xne'wti'wn.�r�-wr'a uoM+K✓rn�a^.L.-�a`r+.�*+�.-.v:o.��o,..a..v,a,,aY,.�,K,,,,,, 7r,WA,►,d,,�+.lou,Left •L= r,FC)LLZ% 4 09 XP.A4 C.r W C).arcxar�t;Jr••Orr.C7 a+�+'nc f....a,w•a+.�Q 0"- ro,i«x*.nt 1)A.,.e TV, .0 ii h.ro•+.*c hwM.�f approach to the house. Their intent being to secure the S, to secure the young hostage, and to check the house for additional Ss, Vs, or hostages. I asked Gilbert if he was aware of what Baeta ' s position was at the time that Baeta took the shot. Gilbert said that he was not personally aware of exactly where Baeta was when the shot was taken. I asked Gilbert if he saw Baeta on or near the front of the residence after the shot was taken. Gilbert said that he remembered seeing Baeta on the porch with his Benelli shotgun when the tactical team was securing the S and making preparations to enter the residence. I had been previously advised that a single, unfired round of the breaching ammunition had been located on the front porch of the residence. From prior training and experience, I was_ aware of a_ practice that is commonly referred to as an ammb transition. inino''transitions are'­a :cbtmtan' tactical procedure with shotguns. An ammo transition will take place when an officer decides that the ammunition that is currently in place in his shotgun is not appropriate or not desirable for the particular task at hand, and the officer switches to a different type of load, i. e. , transitioning -•,from buckshot to a slug load or transitioning from a specialty round to buckshot. I was aware from prior training that the common method used to transition from one type of ammunition to another in a Benelli shotgun is for the -officer to not depress the cartridge drop lever that is located on the lower right receiver of :the Benelli . The officer can then rick the bolt of the Benelli, ejecting the round that is chambered and hand feeding a different type of ammo into the chamber and allowing the bolt to close on the manually chambered round. When this ammo transition procedure is employed, the existing round that was in the chamber is ejected from the D. Dc r)CA DCf DL Do D5A Dv D 0' %Jgt . g D V%" D aara.aa D A,. D o..»• D'V*•*IJ P- L7 A= D.V*, Deo D&W- V.AMO V q�hP-- l t re t1.QMM r....K»., uC0 0052 ear•"'��;`�..`.�+�—a�y,,,_ ���.> �1`��?�.�-.✓�i�.tlq.+, �..��N "��. ;���y,�� ��` .A: .. -. _ - _ Y _ lir—: a ... JN�e .Y'� 7,,,.,�'� �Y. \ .-;;r' .�<.,c�a:lfla'^-"S'ad'1'��+�"�`,`?t.`a�x�i�''��a2"1�'{p'"^,`5^•Ra"^ +��.�5�,'�'v�;�' 3'rr}i'4�+'�^4%�"'���� 'k-`°.yT,�{:; .. w...."r..r G\7i',`Ti ,-• ,°t a`� i.,,-i. Ty. ath 5 f Dow, t * ' — -95-10679 Cen A - T.Det,� ar«1 r3 D �i°'°"•• • ►•"�_ HORNBERGER, Brigitte 4 19 5 2/Dation of D_=u.reme HORNBERCER,FMAnthonv 2 .Anderson Way Martinez A 11 trZ"�'�er' . � Ii'0R.:re'.SO-4-4.rrbrr.u*C~4" Dn V C f+M.L,4 VD, ,p{.R.eevt�,4 .Lt�ts ^ ,t•'*►iaR+t�,`•Mc�e.C{+an*t l,r++c 1tat, u.nrtresf.C)O&wr �1err Tws,W.rt.!'•�rs.>:te Tw'Loi •L�s:FGu"�►+�+C7R}E�l/y G�r^t}.►iotas t;ir..,rry'.L7 O��^9 F. 0, � Q:�•�a-"a K •aaro+4 4e+ees i wac ti lti.c a'+�sC?twa t) gun and will land on the ground in the immediate area of the officer. Such an ammo transition would have been a logical procedure ` - for Deputy Baeta to take, if he was under the impression that his Benelli was loaded with beanbag rounds and he was preparing to enter the residence with the rest of the tactical team to secure it and the possibility existed that he might be faced by additional Ss inside. In such a scenario, Baeta would have wanted to get rid of the beanbag round that would have been in the chamber of his shotgun and transition it to either a buckshot or a slug round for the tactical entry. I asked Sergeant Gilbert if at any time he saw Deputy Baeta doing an ammo transition with his shotgun or manipulating thy`: hotgun In any fashion in -an -effort to do an ammo transition. Gilbert told m6 that he did not see Baeta "doi-ng- a transition to a different type of ammunition, nor did he have any personal knowledge of Baeta doing an ammo transition. I asked Sergeant Gilbert where. the S was when he and the other team members got onto the porch. Gilbert said the S was lying on his right side and at that time, he did not note any blood on or around the S , and he was still operating on the assumption the S had been hit with a beanbag round. Gilbert said that after the S was secured and the house was secured, the S was rolled over and at that time, Gilbert realized that S Hornberger had received a serious injury to his right upper chest and that..medical attention was immediately required. Gilbert stated that fire and ambulance were called and upon the realization that the S had been seriously injured, the officer-involved protocol was invoked. 10 t3= .ODA F�� ML DC DDA flv M�wa�+ D D �'vw- vw. Q x w„m 9�r rl+ tt.CWM Too vr•+.«� u Oc p•�„a�c� D ncc fl fl D CC r..,r cam•, �� � � , Sergeant John Celestre 0053 Tz 95-1069 Cen A _ 236 •°••'` HORNBERGER, Brigitte 4/19/95 r tion of UGcurreme yC S _ �22 Anderson Way Martinez ERGER. Anthony �,pa,,O.C. hw+r+e.Ls+�3s.++r^•ar+*.ut.. ,r.usGt o�a++te, ►v+e'wk.'W ,.rs.eo,fr'c ' ��.► D,w+.dwa P D�+cs Er.++a�*+►n�R.k�t+iratw yyyr•Su++�:W.a,trs.afs Sv4'Low •L WO OLLz e.*4 0&_.ER./y G++K►cy.Nares[;Jr..rry.L1 "^G T asked Gilbert about the shotgun that the S had been armed with. Gilbert said that he believed Deputy Thorsen was the one that had moved the shotgun off of the porch, but he was not aware if Deputy Thorsen had unloaded the weapon or manipulated the weapon in any other fashion. At this point, Gilbert was asked about the packaging of the beanbag rounds and the shot-lock rounds and the appearance of the individual rounds. Gilbert advised that both types of ammunition were kept in yellow five-round flat-packs. He said that there was printing on• the box that indicated what type of ammunition was contained in the respective five-round boxes. Gilbert said that the beanbag round had a translucent white outer shell and that you could see the red compressed beanbag round inside of the white outer she!!. * Gilbert said that the breaching round also had a white opa_que °or .translucent shell;. but you, .saw no underlying red coloration. Gilbert said that both types ' of-theli had printing on the individual rounds themselves indicating what type of ammunition they were. Additionally, Gilbert stated that the breaching round was a high-base round and that the beanbag round was a low-base, round. -We asked Gilbert if prior to Deputy Baeta taking the shot at S Hornberger, negotiations had been in progress. Gilbert advised that negotiations had been ongoing between the S and members of the Sheriff ' s Hostage Negotiation Team. We asked Gilbert what the S ' s demeanor and actions had been during the course of the negotiations. Gilbert stated that the S had seemed agitated continually. The S had moved in and out of the residence on several occasions, someti.mes ,.with a gun and sometimes without a gun. It was asked if the hostage negotiators or someone else on the SWAT Team had given a specific order or indication advising that negotiations had ceased or were not progressing and for the shot to be- taken at the S . Gilbert u owraR�v+, D� DC na n� bL no DK D� DJ6-T Da-•w D�w.,r Ca L3,MGx y.rc3 ylC Q[+ x A_ r opt lr+ +v 17.Cw. t Two vnrs. u a. D ,r tR ct D ,� Sergeant John Celestre CO . or». » AOWWMWV ice+r�*w 29 sem.. Moo t't.tr: 22 y' 1 G44 JH �c t ' 95--10679 Cen A �b T.a..� �n"• ''&. r.+�K HORNBERGER, Brigitte 4/19/95 o�a tion of TJccu:-reme ,r �.�.�. x ...R+.a.t.µa 122 Anderson Wa Martinez H�RNBERGER Anthony s Si hrx7✓'y.1_VV"'\ I+,Ca✓'a�,#6w rykL��+*sQ LnC fsr�^.yrr.N-Ofte•.Jv ECJ. CMar+� �.nC Wts X14.n.McLn.•'! .1�mt+r.fru'M erl�',4s»t iswau C+tvo+>o'.LKa Wn W 4 NOLML t;. Urr�?y►ar,W.x,t,c+w Tw'Lam •LJL�►r tD"_ +o 09-Dt k A4 r.6- rr++►ry M_ C1 Qcevrip f✓1.Dr w-cera L7 #�ow#rr*+nt i�1y�.o T1ri advised that it was standard operating procedure within the SWAT Team that when an officer was going to be attempting to , use beanbag rounds, if the criteria that had been given to the officer presented themselves, then the officer was to take the shot. Gilbert said that there had been no indication that negotiations had broken down or had failed and that Baeta had simply responded to the directions that he had been previously given and when the opportunity had presented itself, he attempted to disable the individual with what he thought was a beanbag round. We asked Sergeant Gilbert about his training and experience with SWAT and/or other tactical training that he had received. Gilbert advised that he had been on the SWAT Team for approximately ten years. He had been a team leader since 1992 . Gilbert said that during his time with the SWAT Team', :he, had held several ;different positions,. including point man, entry team member, and gas mai=l.` Gilbert- said that he had received training with beanbag rounds ,as part of his SWAT training. Gilbert stated that he had approximately 200 hours of specialized SWAT and/or tactical training. We asked Gilbert if he was aware of what became of the Benelli shotgun that Deputy Baeta had been armed with. Gilbert said that Baeta turned the shotgun over to Sergeant Rich Woolard, who then, in turn, turned it over to Patrol ` Sergeant John Fulwider. We asked Gilbert if Baeta had made any statements concerning the shot that Gilbert was aware of. Gilbert told- us that Baeta had advised Sergeant Woolard that he was the one that had fired the shot and that he had taken the shot with a beanbag -round. The interview with Sergeant Greg Gilbert was concluded at that time. The audiotape of the interview was subsequently placed. into evidence. At 7 : 38 a.m. , 4/20/95, D.A. Inspector Ted Spyrow and I interviewed Detective Mike Costa, who is a member of the r� x Ctiv M+ro� tisW-WO D: .Dc Da Dc* DL Dc DIA DY D+"rww-qCa DAM 0~1 D Ro D YC x ftow"Dw-*r P—tv t).Cas. !Taft wow, u Dft -.�e+em- j�Cw1w o•_ nwY.+sr.� Sergeant ,John Celestre C 0055 r �95-1 0679 Cern ... Ac"""`c HORNBERGER, Brigitte 4/19/95 tion of ctr.- crence 10 �'"""�-F. 22 Ande � Anderson Wav, Martinez HORNBERGER Anthony 1rtipc+>*ar[. 'r*G Fw�+d.LDr-U:4^•hwt-N--te...RreGs OO&++rt) br"'Ws.kr%4%.athC"V'e U061 ►t,n+A�r.fru'K.�+tr,i/s^rtlsve,i O�vwa,.lrcayo *,we:6+4r.W«i.4►ckos IOU'Leat-L91 N N C,+ Wc$.Nou&t;J..r7.Gl¢Oevrp f,/i.D,VV-OhNL t)ofts ha.AO ftL Fi 0,60-0 TV& tu. Q:r• o.-mL K 4&A-0104 O-oc es h we ,z 14.c6.yr0t haltr�i 'k Hostage Negotiation Team. The interview with Detective Costa took place in the Investigation Division Library. Spyrow, Costa and I were the only, ones present in the room at the time of the interview. The entire interview was recorded on audiotape. I asked Detective Costa to give me a brief narrative of his involvement with the call-out and the subsequent shooting. Costa told me that at approximately 9 : 30 p.m. , 4/19/95; he had received a page from Sheriff ' s Office Radio advising that there was a SWAT call-out and that the Hostage. Negotiation Team was also to respond. Costa said shortly after having received the page, he received a phone call z from Sergeant .Rod Carpenter, the head of the Hostage Negotiation Team. Carpenter confirmed there had been a call-out and Costa was to respond, along with the other Hdstage;.Negotiatior_ Team.. - Costa said that he arrived at the Field Operations Building at approximately `10 : 00 -p:rn. .. Costa said that he responded to Anderson Way with the rest of the Hostage Negotiation Team. He said that when he first arrived on-scene, he contacted Brigitte Hornberger at a neighbors house. He couldn '.t remember the address of the .house. He believed it might have been 223 . Upon further r' questioning, I was able to determine that the house that Costa contacted Brigitte at was located two to three houses ` east of the Hornberger residence. Costa said that he spoke to Brigitte, got some background information on her husband and on what had happened. He then returned to the Command Post. Costa said that upon .return.ing to the Command Post, he was assigned to accompany part of the tactical. team and take up a position in front of 222 Anderson Way. Costa said that along with SWAT Team Members Mike Baeta and Chris Thorsen, he responded to 222 Anderson and that he took up a position next to a blue pickup truck parked in the driveway of the residence. Costa- said that he held that ' K L101r MAIo� '1A ' nh DC 0 C r-)of DL DO C)*A DY "..�,...^ D YWO D No Dom- ©P rPWq Ck C)#&S 0~1 MILD D WC x D"NAr(N.W u.or. r Towe4. r)ohm 0�,,, D c aw o+_ D�*»Pwo Sergeant John Cel estre C` Dom M AVV-V!iWO, r",Q n s.M. ao n.Dow ?c,� 0056 236 HORNBERGER, Brigitte 4/19195 rtion of 'Ocurr creme 0ERGER� �Anthonv a 22f�rson Way, _Martinez t 1 Frso+'�a Ltln"'rt _ }r,CovrawC. *C Fvr+d.Sat fs�+ar+•wR.►t+"+b*.IJKJ� pur»ry kaa+Gu.�tr'ttin.�4ctxa 'a wwoO++ La"VFws D'rr'+rdO&L?06" iwt+*rn�A-4 rtit M. 1K`.as`.awr.%W c tcs,+ tou'left •L&I tic Fp:l V4 O+< Ek N Gdr+r+c}.►uu�t,.M.�+ry.Cl "^G Q;♦rte-W%t K P6.001V O 0*006 f i�at position for approximately an hour and a half. Costa said that several times while he was in that position next- to the blue pickup, S Hornberger came out of the house onto the front porch and then went back into the residence. We asked Costa about the final time that S Hornberger had come out onto the porch. Costa said that the final time that Hornberger came out, i. e. , the time when he came out and Deputy Baeta took the shot, Hornberger was holding what appeared to be a shotgun in his right hand. Costa said that Hornberger was holding the gun in the area of the receiver and that the gun was held basically by his (Hornberger) side. Costa said that Hornberger was moving the gun around somewhat, but ,that he never took what Costa referred to as a "aggressive stance" with the gun. Costa, said. that ,by this time, he and Deputy ThorS move,a to a position "ne'ar- the front of .the .tru,ck, Baeta was somewhere to his (Costa ' s) left and sli - behind him. Costa said that he was attempting tc verbal contact with S Hornberger. He was tellinc to put the gun down; that they weren 't going to k solve anything as long as Hornberger had the gun and to put .,the gun down so that they could talk. ' Costa said that the S never responded to any of the statements that he (Costa) had made. Costa said at that point, he heard a shot and he saw the S go down on the front porch " Costa said when the S went down, he, along with members of the SWAT Team, , moved .forward towards the residence. Costa said that the S wad. secured and at about this same time, the S ' s small daughter, Jessica, came out of the house. Costa said that he secured Jessica and took Jessica up the street to the residence where her mother was at. S Ay^ A004.0,0 Dr DC I]CA D DL BA IDV CIV%- Elmo �''*�+A pt acs n rnanaa Ro p v c x ANVirWq 00+6rr P-mv D+.*OMMO^ DCoo* CW Sergeant John Celestre 0057 •'mi`.ST_+;^I.Si'aYtYt2—^'��Y�Wim^ F va-Y 1' ! � :., . f .,._.z, t�.-"_-'X�,' _��'�ir�. ��a ��vh'e�,';f �'"`�i����. ' `' yA' yrF,2,a' 3�,y}� '' `• � ,r"�r�F���:�� k • .., .Yr.: wJ � a.. ��'Rsf;`sSii�`r�,��+F.:'°RSG•'`�x►4¢;S''K*'>��.�� iC`L�'% M � ��'Y+dtk��,,. t:O+�+ro L CeT G+r+ �,Ctrfr�Cw✓* !��236 _" _ rca��- 95-10679 Gen A —� 1.Oaf On$ Art+n f'K HORNBERGER, Brigitte 4/19/05 - o , tion of �ccurreme � Q MERG�f �Anthonv 2 1�erson Way, Martinez 11 rT�I tt'tt1� Quante ►-inC�ltai.t fl.l,�+,,�{,KLXF1 LtoCf�+KJ ' .�'*Lti,+rrrGa�r',{/a.^�1Mts'•ro4i DrrtvWe�1.lK'J1.U• ke�p^yR',bC.frCD7Y'}f.RM'Q.Lx�ktOiM^•Mr''r.K,IKit', f Jr►.Of+A�•t'Ma,�.}C AQ fv "L f)Aaao T1r9 f'tt.. vtw•Tyur,W a.Pc�-d Tou'Low •LST►r FQu ' 'l A2 GK+F+c�.�ivcra R;}r,.�ry CI Cwr++r+p Q;rrw--mL K k►aa: t2 �Gc+Y M4 ftw"r We asked Costa if during the hour and a half that he was positioned in front of the Hornberger residence, he had been successful at any time in making verbal contact with S Hornberger. Costa said that when he first arrived at his - position in front of the residence, Deputy Thorsen was already in position and was talking with S Hornberger. Costa said that almost immediately after he arrived, Hornberger had gone back into the residence and shut the front door. Costa said that several statements were made by the S during the negotiations process. Costa said that -several times, S Hornberger had made statements about not giving his child up. Hornberger said that the police would simply give the child back to the people who had been molesting her and making statements about the police, his wife, etc. , all being involved :in -an apparent conspiracy against him and that the police would da nothing to protect :his child. Costa said that he told him that he was aware of the molest allegations that Hornberger had made, and he told Hornberger that the allegations would be investigated, but what they needed right at that time was for Hornberger to come out because they couldn' t settle anything under the -"circumstances that were currently at hand. Costa said that several times during the period he was in front of the house, Hornberger came out of the front door of the residence and stood on.,the front porch. Costa said at one point, Hornberger came out with his daughter, Jessica, clutched in his .left arm and holding the shotgun in his right hand. : Costa said that they tried to talk Iiornberger into giving the child to him (Costa) so they could get her out of the situation. Costa said that Hornberger' s reply was that he would not give his daughter up because they would simply turn her back over to the people that had been molesting her. Hornberger also again stated that his wife was involved in the molestations—, x Oarsuw� D„ D� Lia not r]L DO DOA j]v D owD O "" u c DP,=."a. Dhm r3~1 04.0. Door. *c r tu.o� t.a C( D�craft", D� ow- cam WPW Serggeanteant Johno Celestre AOWV*V%t.+.. VP'+,r.0 =c sr.. t.o in,pa: u f .1.., _ 0058 .��K� .��,.y�'°v�����y.�4:..�"�.r . .7 ��.Y•"'lw v�'�f: �JY'"`ar'`o-x.' �'� 7: ,.. � + f..`x � T ' t ..�� ��h �� , _ .{�_,4 t,- 236 Or-&rip �. 95-10679 Cen A A W. T.caw or* errwt% !�wo ED HORNBERGER, Brigitte 4/19, 5 ! /Le-,ation of tx Ctx'reme MERGER r �Anthon�T G Z22 Anderson Wav, Martinez Yr oa,�•G.14.coyrsd iy.+►+d,tst 3xo+.^.a.Rr.u *,twr.+fit OWAW, irsK'W rt'Lte•dS�esvr't u oo++K F,r� 0,w-+*+t E?C�+cy iwv*►� A&*.* Ttir ^ Cyt tw.r-Wx,P4kidt tau-Lou .LAr rK FD"- �->E'l N C,r+rncy.►+x.a 1,.M+�r+'Y G1 Cx,n+r+p k We asked Costa what his personal impression of Hornberger was during this time period as to his thought process actions , etc. Costa said that Hornberger appeared to be. very paranoid at the time. Costa went on to say that he was aware that Hornberger had allegedly been using methamphetamine. Costa said that he got this information from his brief contact with Brigitte Hornberger prior to his deploying in front of the house with the tactical team. Costa went on to say that Brigitte had told him that to the best of her knowledge, the last time that the S had used methamphetamine had been approximately 11 a.m; , the previous r day. We asked Costa if the negotiations had been ongoing with Hornberger and if there had been other negotiators interacting with him. Costa said that Deputy Gary Arroyo - had° been the primary negotiator-.;and that there had been an on-and-off dialog going on between Arroyo and Hornberger over the phone. We asked Costa if he had any personal knowledge of S Hornberger making any threats against any officers or anyone else. Costa said the only threat that he was aware of was at one point, Hornberger had said to the officers for them to get their Watch Commander there and Hornberger would shoot him also. Costa said he is sure that Hornberger used the terminology Watch Commander. Costa said that it was his impression that Hornberger felt there was a broad conspiracy against him. We asked Costa if at anytime during the negotiations , Hornberger had .stated who he felt would have molested his daughter. Costa said that Hornberger mentioned ia Roy Bennett as the individual that had molested Jessica, and Hornberger again said that Brigitte, his wife, was in on the whole thing. Costa said Hornberger also made statements about Jessica being sick because she had been molested. U DOWONWAC^ *G g, �� na nC* L)L go nK DY LJ I" V%86 g arrswrs g dw g t VWW f 1.tyr. I T ape RGi rwti !lo {. K llr�wtq orruK +V ��cc••.1 g ". Sergeant John Celestre CO gar,,,,, � ,tu,,,,,,u,,r su►. � to t.rt. �. n.a... �,� 0059 �'M'�.'++.q..?'r,�Gokt�G�9 'r�i. � KGF-moi d.....•'`i1..-'.,�7�,,,��- 7-; 'Y ��'c�'��!! '�i',ts�.a s :i �, ;.� -i:�y- -f5-,�w,a rwc -� � - :i ,,,,�}-:�,�c.. r Lj �r. 2 Erf C*« l.cs....�e..,r}+e.uo�+ • o.�. � t A.c,.► 236 95-10679 Cen A HORNBERGER, Brigitte 4/19/(?5 Lion of 'Occup:reme p ` G�F ~Anthony Zr2 Anderson Way, Martinez APWJ. Owu+r'j ks+,e 11, �,dSaca+�s't uoa.�k��s�r ),Vw- r*&It) .M" fi� -* e.►r&rvo�,.iauw T..�,VV it,hrs+a+Sou'Co.. •UR►. Fa:l a«,►+c O�t'>f ti N e..�r,c,.►.ocs b+so+7:C1 y^G Frn.D�w,tea!�C iwa+��t►�►►.ao Tvt e+:. ` a:r,,.*,a K►ik.�oro awa A u.c ,2 &W-0-w-C RIP" i i We asked Costa if .he was personally aware of any orders or directions that had been given to any of the SWAT Team Members as to when a shot could be taken at Hornberger or whether a fatal or disabling shot was to be taken at some point, etc. Costa said that he had no personal knowledge as to what set of orders or criteria had been given to the SWAT Team. Costa said that in most cases, it was standard operating procedure for the SWAT Team not to tell the Hostage Negotiation Team what type of a tactical plan they had in mind. Costa said this was done so that when the Hostage Negotiation Team Members were negotiating with the S that they couldn 't inadvertently give the S information or indication of what the operational plan or tactical plan might be. We .asked Costa who had operational control over the entire situation. Costa told us that to the best of his knowledge, operational control over the entire call-out rested withSWA . the Assistant T Team Commarder, . Sergeant Woolard. We asked Costa how long S Hornberger had been out c porch at the time that Baeta had taken the shot. c that :,he estimated that Hornberger had been on the approximately five to ten seconds, when Baeta took We asked Costa for an estimation of the distance: involved. Costa felt that the distance that the shot was taken at was. somewhere between 35 and 40 feet. We asked Costa how many shots he had heard. He told us that he had heard one shot. ' We asked Costa if he had he6rd anyone, either by voice or over the radio, give an order or a direction for; Baeta or anyone else to take the shot. Costa said that he heard no statements made at all . He then added that his portable had been turned off, due to the fact that he did not have an earpiece and that if he had his portable turned up to where he could hear it, it might also be possible for the S to hear the radio communications . ile"o-y AwAev " tit Awrr.+�o� D• Dc Da• OC* DL Dc ❑�"' Dv D own— Dc swi o•c Dom'"""` Sergeant John Celestre �!!:: CO [�O„r, M I .w,�i.i►• rnn@ =c s,T ao .04 = -- - - nn(n t �t s� �•��Y,� �Ty 'Y^1 'i("iG.'q "S�%�"S•'@ '�i�la TC' ►.o95-10679 en A 6 `"••" w D '" +`` •Rr.w HORNBERGER, Brigitte 4 19 95 - s A4tte�aaiaan of Uccuzre a i° `N&-I 2nderson Wav Martinez ER Anthonv „ rroo.�0..0 y,�p,,,,�ri.G,Racor+r� R.vr+Q.Cc�K Uaw•hwr..kword �. ; 0,*A ) lrIM4'MAU'w�&CUKr't"00'WJ ✓NmSr .Lr+t'N.rnCa',►�sy"1evo,s C+nvv++an.t.aearen *,we TMa'.W.a,htt.+5r Tov'Lar •ur, k roLL � D ++G OR:�R N C.-w%Cy.Nous.1;dr- Ow 1Y.C?Owf"- G F✓a.0a ye-OO.L?�h►.+st+wnL f)Baso Tvt tu_ Q;rr..*s K*+..moa Cocos 1t we 12 Rrc,�•w'�t ttsrrq i We asked Costa if at the time that Baeta took the shot, Costa .could see the S ' s daughter, Jessica, anywhere on the porch. Costa said that at the time Baeta took the shot, he did not see Jessica anywhere in sight. He said it was after_ _ the S had gone down and they had approached the porch that he saw Jessica. He said he believed that SWAT Team Member Vic Fernandez had picked Jessica up and handed her to him. Costa said he then took Jessica down the street to the residence where her mother was. We asked Costa if he had seen where Deputy Baeta had gone or what Deputy Baeta had done after having taken the shot. Costa said he didn't remember seeing where Baeta went or what Baeta did after the shot had been taken. We asked Costa what position the S had been in when Costa and,: the. SWAT , Team Members had approached the porch. Costa said that . the S was 'Lying on the porch with his . head towards_ . the front door of the residence and his feet towards the ' steps. Costa said the S 's shotgun was laying across his lap. He said he remembered seeing Deputy Thorsen take the shotgun. Costa said he thea took Jessica down the street to the neighbor' s house and when he returned to the Hornberger .residence, he saw the shotgun laying on the ground in front of the porch. Costa said that Deputy Thorsen later that he (Thorsen) had cleared the shotgun after he it from its position on or next to the S . We asked Deputy Costa if he heard any statements me Deputy Baeta after Baeta had taken the shot. Costa Baia that he had .-not heard any statements made by Baeta after the shot had been taken. We again asked Costa about the position the S had been holding the shotgun in at the time that Baeta took the shot. Costa said that the S had the gun pointed generally in the direction of the ground and that he had never brought the DS Dc noA DC* DL D0 D&^ DY D -80"+r+ •D YWO D. W . 0-4- D cWWW D 0-w t4 m Ohm D~ p R o g wG x A.wwr+.rt O".r tmv a 0" r Tom Wo Ow u P. Comm 0000., Qct o6- nWww ft" + Sergeant John Celestre CC =39� �A����',T,'� •�.6-�" .tc�.._`f��*m1?��� s��¢"•y`� ' o`.'�v*ivs4^i/�x-i.��7'S '`'�Y 7�,'r��3:."7 Lp+ • .t �y+-t .x„ i,�' s^"+.. . r iii r�`, ... �„����.,.>� •� `fit .r�'?�-T�fi..0 en��r+��,.•s.-r "`h�.�':.h '.� a z..u`Slkw..j,�yS t' .K ay�..;,. .. ..+q.r w._•rc t I.., rte...._.r.v. ova. �.,,..,...........,_ J:z� 2 Cr,C+rs }x..cr.+,. Cw.rticrrtir+•+ _ - - - "- - � L+rr►, Z '� ► h.cr 95-10679 Cen I A L - 736 ``•_•• baa,�.► ♦ V.W - z.Csr or:p FirF+rt ; - HOR1ffBERGER, Brigitte 4/1 9 5 f t on of UccLr:rt a IC A4 An'aeerson Way Martinez A HORNBERGII� Anthony k�,ov+CaC.F4CA7'M'7Q Fr-"'''a.4pG A'*�+^•�+':TL+*+t*'.ltlt�i O,aat1RS �"inG W.ti fiit'+.Rk^'G+�t•''i LLo4r'Ii�+S'tiL+r'.Sri•MI�+"rt+M.(/�."lSlr.�+c,^.[C�►vo++an.LJwcafn tir^wi Ta.ir.W.+e.l+tf+or Tau its . LS, R FOW.D&WO 04,>Ek N C4OULs 11,.WwW-r.C)C--,V FD,WW 04k E1 Oma SO-M—m.F)Ka 0.-0 Tv► roc Q,rrw.'*a.K''6-� 0*00% 4 Mac S2 l.K,a�+es F,+Me+r L muzzle to bear on any of the officers positioned near the residence, but the S could have brought the gun to bear at anytime. We asked Costa if he had had any prior knowledge that Baeta might attempt to take a shot at the S to- stun or disable him. Costa told us that when he first took up the position in front of the house with Deputies Baeta and Thorsen that Baeta advised him that if he had the opportunity, he would attempt to take a .shot at the S with a beanbag load. Costa said that Baeta told Costa and Thorsen• that if he did take the shot that they would have to immediately move in and secure the S . We asked Costa if Baeta had indicated to him whether the idea of taking a shot with a beanbag load was something that Baeta had been instructed to do or whether it was something that Baeta was going to do on his own volition - and/orjudgement. Gosta .told' us .that he had no idea whether Baeta had been instructed to ''take the Stich if, the ` opportunity presented itself or whether this was something that ,Baeta had decided to do on his own. Costa:, did add that Baeta had, passed up one opportunity to take a shot at the S with a beanbag load. Costa said that on one of the prior occasions, when the S had come out' on the porch and then gone back inside the house, he had asked Baeta why Baeta passed up the opportunity to shoot the S - with a .beanbag load. Costa said that Baeta explained to him that he didn 't take the shot because he felt that his chances of success were- not high enough. Baeta, said that he didn 't want to take a shot and miss the S completely or not be able to stun him sufficiently, because if that were to happen, it would simply escalate the situation_ We then talked to Deputy Costa about his experience and training with the Hostage Negotiations Team. Costa said that he had been on the Hostage Negotiations Team for six to seven months. In the area of specialized training, he had �.,. z� D.rarro� �rw.o•+ It D DL Y D 0 D D D R D P**M,q Q C)AM D�l p KO D� x Fey 080%ob th*w 17.� /Tom VO u c 0Ow0�,, o n�..rx,.F" Sergeant John Celestre j CC Cho Its -"���r'C�"xcv ���jx2�'ai"' +ti cx"Y�d'. � t' Z .f'b�.ty�.l�Jp♦ \ yJ, �._ iC't+ti: +s igrs� . ,{�^f.+ ..+i H'�r .� �.'i, .. ' LJ 0. Box 391,Marurrsz, rz I cor CAN" ?..Grre+.LCUSA. +sM � w f Z44 DA L hruau "° 236 95-10679 Cen A W _ ``•••" HORNBERGER, Brigitte 4/19195 �tian of D_ -reme HORNBtowectFERGER Anthony 2 erson Way Martinez ►lw+*,a r .MrJ. Gwf+tr, ►rnC'Laaks rL1r 1.41c-hlK i W&OW" ✓r D vv-ads.Ll On" 14-p—m,F)O.�i•a rV, 1-W,T6"r,W x.P+Cd.A+r TauLow •Liv M FOLLDft++to p;r-wo. rr;!{*ids sartia0 a*o t Q Mac t2 R.re.yrwG hop" _ C,z V attended a 40-hour school specifically on hostage negotiations. Costa said that he had been on approximately six call-outs involving the Hostage Negotiation Team, but that this particular incident was the first time in. his experience that any type of dialog had been established with the S We asked Costa if there was anything that we had forgotten to discuss with him concerning the incident. Costa said that the only thing that he could add is that he felt the S had almost been taunting or egging the police on to shoot him. Costa said that he felt that the last time when the S came out on the porch with the gun in his hand and ignored the repeated orders to drop the gun, the S was almost trying to goad the officers into taking some action. Costa used the term "suicide by cop„ . We asked Costa if, in his opinion; the S could. ;:have posed- a threat -to the ..-officers on-scene or anyone else on-scene. Costa said that in` his opinion, without -a doubt, the S posed a threat to both officers and civilians alike. The interview was concluded at that time. The audiotape was subsequently placed into evidence. k ,At approximately 8 : 27 a.m. , 4/-20/95 , 'D.A. Investigator Spyrow and I interviewed Deputy Mike Baeta in the Investigation Library at the Field operations Building. Present in the room in addition to myself, Spyrow and Baeta was Baeta ' s LDF Attorney, John Tennent. The entiz interview was recorded on audiotape. I advised Deputy Baeta that our interview. was not administrative interview and that Baeta did not hi speak to us.. He had the right to refuse to be inI by us. Baeta indicated that he understood that, ana ne agreed to the interview. x Orr.rdon �rr+"`r D= Llc 0 V D0 DLONO Da Dom+ DY r�rti RO o►+c x Am -0+11 D>r r pvroJ t1.Or= t Tom WO MW u o. O p"V WNW, D C0PV* or �ieeWOP Sergeant John Celestre c0 !"***u ]ro sur ►'O r,.Dox V,f?- 1. -- - - nnz .y.u.:7iL ....�i'i.k.-vK..`es'.�:�iQ~l..' 1 rsn:,y 1?-.3 `.wz...,. iX ' �e,, S- � f :K 4 ... �3"K'.E�s."v�c'^ r tr '�' • .-.. ^..r�;'' .�viN '"fir-t' �.v^drs!'.��� .XIRei;!�.Y!ri�rbi,' � �S•5��?x'..{.``�+,s2���w";a�w�'kw"Yi�bst�''�'?,.sa,"� - Y���. U;ares-W.W :v. ao,. *o. _... .�. __ Zi4 DA t.tA rw. I C.Ary CO" 1.Cnrro rG _ ` 95-10679 JGen A Tj HORNBERGER, Brigitte 4/19/95 t tion of -Cu=-rence ,c . +. 2 -Anderson Wav, Martinez �ERGER Anthonv 0,0*,+r*+d.Pwwj*-*t Fevn4.ttrrt t� w .Omer, +rto..Ars,Gu, t.Q„ wy ►ar+e'uu,'w�l�Mesvr�r i Lego✓K F1+�++�r9a L7 or►c. , Ro..vta+.c•.,s"Von W-ws Ts++r.W.& k+4$r 1M'tort •LAI N F0LL.r> t 00+>f K A?CurcNaaL t;Jr.rrry!C�C�vn9 d*t a F)A+s.o TV, rtc. u P.WA--VVC PI OWN _ Baeta told us that he had received a page from Sheriff` s Office Radio at approximately 9 : 30 p.m. , 4/19/95 , in .relation to a SWAT call-out. Baeta said that he called Radio and was advised that there was a SWAT call-out and that there was a barricaded armed S on Anderson Way in Martinez . Baeta subsequently responded to the Field Operations Building, where he met with the rest of the tactical team. He changed into his SWAT gear and then, along'. with other team members, went in the SWAT van to the area of Anderson Way and Arthur Road. Baeta said once at Anderson and Arthur, they were briefed by Sergeant Gilbert as to what kind of situation they were dealing with. . Baeta said that they were advised there was a white male adult S barricaded in the residence. He said additionally, they were told that the individual was pOSS' ibly under the 'in fluence of-.methamphetamine and had been high on meth for several days. Baeta said' they were told the S was armed, .that the incident had originated as some type of a domestic dispute and that the S had his small daughter in the residence with him. Baeta said that Sergeant Gilbert requested that someone take .one of the Remington 870 shotguns and load it with beanbag . rounds and take a shot at the S with the beanbag round if certain, criteria was met. That criteria being that the individual was hostile, but not presenting an immediate threat to Sheriff ' s Office,personnel or someone else or if the individual was suicidal and threatening to harm himself. Baeta said that he told Gilbert that he was willing to attempt a shot with a beanbag load. Baeta said that he told Gilbert that instead of using one of the Remington 870 pump shotguns, he would use the Benelli Super 90 shot - - assigned to him. Dt Dc DCK ODC DL Dfl OVA Ely DPI WO VI CNO ku b V%WI D Rn D s•ec x how 10 o«,ry P► Q D''—owe- DC~ C*_ Sergeant John Gelestre cc j�Cow « ,r.W.."64- P. so sem.. ko r.a• `4 .Larif=�3ua9E'�� .r.�-a.'4..�'`.vi3"�:#.;:.�.3'.�^s.` ,'m.�:`+1€.eG"'vn; s ,i'�'+R� '.1�'��'.�•.,"?+Lrr-se'4c>' ;:,,� "e .,t a`'"+,,,"at.-. r . ... � —.. r ..., . -. r2 2 G.e7 G,w l..G.+r rCrr►rar,r►+ � O�w+t c.-+.rn t �4crw 95-10679 Cen A : *�+••^ HORNBERGER, Brigitte 4/19/95 : 1 ncAtion of -,Or_ nc Lree ,c a�IL F AA) 1 2 J�ntierson Way,tUcMartinez ERGER Anthony Louis AI �t,yw�o.C.Maa�tC.Rwrnd.LaC.Sso+r+-l.''T. '.M,r�� Qua+fR ka�'►iW'W nJ'xo,r'�44+ow+K✓ntibr,ir+a''I.s•'t+e',f�acrhs+wue�++✓s�+at.LxaYar tk`.rt Saar,Mf.l.hd.0►Sou'Lo+r •{JAZ K FOi.LC�h t►+C+C�+t.•?ER A} Vt1K�. roCR Z;Jr+Mr(.j:J CXt�++f'G fN/►.Di Ww�}y1{. Q�C� �rq+*4�i 1}iii p TV, Kt. M, rpiy bx+o, h 1wt 12 lrco+w�RM+/'!r l Baeta said that his Benelli was at that time loaded with double-00 buckshot. Baeta said that he unloaded the Benelli, got into the back of the SWAT van, located the ammo box marked twelve-gauge stun bags, and proceeded' to load his gun with what he believed to be four rounds of beanbag loads. I asked Baeta why he had only loaded with four rounds, instead of loading the gun to capacity with five. Baeta explained that in loading the weapon, he had dropped one of the rounds and instead of taking the time to try and recover it, he had just deployed with four rounds in his gun, three rounds in the magazine; and one round chambered. Baeta said that he was assigned to go with several other tactical team. members to the front of the residence at 222 Anderson Way. Baeta said that he, SWAT Deputies Dave Brown, and Chris Thorsen then went to the front of 222 Anderson and relieved the Patrol. Deputies who were maintaining the perimeter. Baeta was asked if, as a member of the SWAT Team, he had a specific weapon that was assigned to him, Baeta advised that he did, in fact, a specific .weapon assigned to him. His weapon of assignment was the Benelli Super 90 , twelve-gauge, semi-auto shotgun and what is referred to as -the entry configuration. That means that the weapon has a fourteen-inch barrel and in the case of Baeta ' s weapon, a four-round magazine. Baeta advised that the two other SWAT Deputies that responded to the front of 222 Anderson also had with them their assigned weapons. In the case of Deputy Brown, he was also assigned a Benelli entry shotgun, and Deputy Thorsen was assigned a H&K MP5 sub-machine gun. Baeta said that when they got in the position in front of the residence, they had a view of a portion of the living room. He said they also had a view of the front door and porch area of the residence. Baeta stated in addition to the front of the residence, they also had a view of a DIR DCODA DOE DL Do Dv^ 1_ D�NVAPb. 0V. . n DA. D CWVW r3F_0e,,,O,,, DCONOW DO- Dom PON Sergeant John Celestre 0065 � _..[ X IIi � f .n,1 d'•-{�, rt 3 t,]•�•}�' l _c. � j y ., d �'"Y., l/ ' a o+ ► L4>A ay I t +wsuea► . . 95-10679 Cera P"°"~'' 'J` F.K HORNBERGER, _Brigitte j41 S ccxx��aation of Qocurret e ,c •++�•»z-r.�t t 22 Anderson Way, Martinez H ERGS Anthony Louis 11 ►rsr✓.� ` , w,,,�y Lr�a'44ft '.Ms�rls,�o,a fl+avwa�. KLLO . G D EPL As MW CLW. W•, cttiRs't ttc" F.+1.D,Vf" E)arses L►."p"O"t.t)AA" TY�tu�� A.►� k4e Tvu'Lws .LS 5 w f pt s.Dwv+G O+L.'>E A?G,rr r+c I.Nvca t„�r.r*�r.C)4�"^D Cl,►na-*>< K►iC�..rrcri Ot+eos t flax s2 F.rc.o+ti+7�R'w"�1Y� E sliding glass door that was located on the side of the residence. Baeta stated that Deputy Brown covered the side sliding glass door while he and Thorsen covered the front of the residence. Baeta said that at one point, S Hornberger came out onto the front porch,. unarmed. Baeta •said that Deputy Thorsen attempted to make verbal communication with Hornberger. Baeta said he couldn 't remember exactly what Thorsen said to Hornberger, but that in general , he was asking Hornberger to come out and surrender himself. Baeta said on this first occasion, when he saw Hornberger exit the residence, Hornberger came out by himself and was not armed, nor did he have his young daughter with him. Baeta said that Deputy Mike Costa then joined Baeta and the other:..SWAT. TeaMembers at their position in front of the m residence. Baeta said chat Costa tried.. several times:: to communicate with the S . Baeta could not remember exactly what was said.. - He stated that he did remember the S talking about CPS and something about the S ' s wife molesting their daughter. Baeta said at one point, the daughter came out of the residence by herself. Baeta said Deputy Costa tried to- coax' the girl to come down off the porch and go to his position in front of the residence. Baeta stated that the girl then turned and went back inside the house. Baeta stated that the final time the S came out of the house, he appeared to come out by himself. Baeta, said he did not have the little girl within his view, and he felt the S had come out alone. Baeta stated the S was holding the shotgun in one of his hands . He could not remember which one. Baeta stated the S was holding the shotgun near the trigger area, and he was holding the barrel of the gun basically horizontal to the ground.._ Baeta said Deputy Costa n• nC as n DL np n0 DV sna.ct MOLD &OC F,r*+V 17.Or= r Tom "0 My^ sJ C D*0�^ D� o•_ "�,, Sergeant John Celestre CO 0066 rR...�0.•S!i'.j..i'. }:.i..�a-,., _ t __ :t - �; �„ � ; N. � .7 ? �-- :moi. .., fi _; -. � �. ,�X r �T J r r���ihafi..rX.,s.�1',•rt<.3;rk���"..�'..�.'xaen.�•�*`�,' ��''�':+�!�P':�"�'�'�.. "��'`..' �”�q`?.,�``.�'?�,!'�4��.�`.r��{,yy� si 'erg. v��'`� •i,Y- . 1. t-t J11 � �CCri„Y a+►►p 95-10679 Cen A. ' _ `"••" I?.Ca:0%-4 hmpoe% D �- �.°4 HORNBERGER, Brigitte - - 4 19 tion of nccur±rez c C � �22 Anderson Way Martinez HORNBERGER Anthony Louis tti ►+^ow�1 o+rv�t . kc=,u'arL.Ra=frsd,Fe*,n+C.Low,!soar^•ho"M.n***'.A^CJ# ouanwy ksne'wau'w ,�+e�+r'e�tooK xo*rbr.Lwu'Ne*rde'.1�swlrtio�x Lkauww,. yt,n W,W4 T mr,Mitaa,i+ct.+o•tau'io• •LAI h F PW r> +G Dk-'E R A4 LNOWIL t;.J....ryr.C.)o+PPW^Q F.O.L.0,w`+**L Q 00" saw% W-L►i Mat, Tbt rsC. continued to try to negotiate with the S . He said Costa was advising the S to put the gun down so that they could talk. Baeta said the S was becoming more and more agitated 'at this time. Baeta said at this time, Costa and Thorsen were positioned near the front of the blue pickup that was parked in the driveway of the residence. Baeta said his position was behind the cab of the pickup, and he had a view of the front of the residence between the back of the cab and a utility box that was mounted on the pickup truck. Baeta said that he felt that he had the opportunity to take a shot at the. S with a beanbag round. He said he took the shot and the S immediately went down. Baeta said he, Thorsen, and several other SWAT Team Members approached the front of the house. The S was down on the porch. Baeta said"they secured the S and one of the SWAT Team Members passed the little girl over to Deputy Costa. Baeta said they then prepared to enter the residence and search it for any other Ss, .Vs , etc. Baeta said he was under the impression that his weapon was loaded with beanbag rounds, and he said when he had fired the shot, his weapon had cycled and chambered a fresh round. Baeta said he . decided to transition to a buckshot load in preparation of entering the residence. He said at this time, he racked the operating lever on his shotgun, ejecting the chambered round onto the ground. - Baeta said before he had completed the ammo transition and fed a buckshot round into the magazine, he decided to just go and do the entry with his b,andgun, so he let his shotgun hang by the tactical sling that is attached to the weapon, and he entered the house with his 9mm semi-automatic. Baeta said the team members completed the search of the residence and did not locate anyone else inside the Dti pc Da DOE DL Do 08A DY D-Mar'b.., 0,0- Dk— DA.., OOWWW D PW"W-V,Q r]ACs 0~1 O Ro. DOW- x OAWe-V DW%AJ P—IQ ,?.Dom !Tom W no t4 C+ p+w 00M.", D o� L3 r..,+ Sergeant John Celestre CC IM f=­ a .r, O95-10679 T L L +boat +�... '- ►�"'*•• ' F'�`° HORNBERGER, Brigitte 4/19/95 e L Lion of UcG�r_rerxe x 'MW%* 2 Anerson k'ay, Martinez A EREli Anthony t 1 Pcvrr✓t�:?rCrl�t kT+trvNCwC.�acn!'w1L h+n6.LtC f1+r^ Mrt•K,�ar.A+SCJt Cuatle, �a1+G'LUU PL�{a�.li1C4+�lr'�L N,,nsbr.f�'Nl'MI*iCr1'.r✓si�1+1t'.rout Drsvwe+,.lIt�Yr W.* Pci-jh 7w'tow •LZI K F0W--w U4 DM_>E K Al Gr+r*rxy.Nota 1;J.,0Ir.G7 04OWN FO'S Dr L)ON*6o.+v+v►nt Fl+►►0.0 Tri nc. u xwo� IIIWWr f residence. They then exited by the sliding glass door on the side of the house and returned to their position in front of the residence. Baeta said it was at this point that he became aware that the S had received a serious wound and that the officer-involved protocol was being implemented. Baeta said that he turned his Benelli shotgun over to Sergeant Woolard at that point. Baeta said that it was not until he got back to the Field Operations Building that he realized that the round he had fired was not, in fact, a beanbag round and was actually a breaching round. We then asked .Baeta about his assigned position on the SWAT Team and the weapon that he is assigned to and the ammunition for that weapon. Baeta said that he is specifically assigned to the entry team and that his assigned weapon' is' the Benelli fourteen-Inch, -shotgun =Baeta stated that his weapon has a five-round capacity, four rounds in the magazine and one in the chamber. Baeta stated that -his weapon is normally kept in the SWAT Armory, except for those occasions when Baeta needs the weapon for a call-out, training purposes, maintenances, etc. When the weapon is in the Armory, it is kept in an unloaded condition with the safety on. Baeta stated that by the time he had arrived at the Field Operations Building, his weapon had already been loaded into the back of the SWAT van, along with other weapons and ammunition. Baeta said that upon arriving at the Command Post at Anderson and Arthur, he loaded his weapo4 at that time, with double-OO buckshot. S asked Baeta if he kept shotgun ammo on his personal web gear or in compartments or pockets of his SWAT uniform. Baeta advised that he does, in fact, keep ammunition in pouches on his SWAT web gear and that he normally has ten DI DA DC* DL Do Y D C)IA- Z3= ID J, Dam D"M"aa. D h= CIO-W) _}ko E)6"-- +�w. co, n D D D »►*�' Sergeant John Celestre GO D aww w �w.t to sw. n.CM rss -- - _ 0068 _ 1 ' � �1►rt� + 95-14679 Cen I A D r r.Cob On* ^...r,. . R ,. �. .��, t,+•o HORNBERGER, Brigitte 4119/95 tion of nccvxreme ,c �o.�t.«�.... F.M) 2 arson Way, Martine HCIRNBERGER Anthony ►Z,tr„rna.C.R.K="rvkL rv".Lis.it,•tom*.w«+tt'.ArtrJI Gwnne wy KafwkJ'w n.KbC%+X�'c Lw_ uaorW K� .Le^+a'M.r S1rr .`•w t.W«a.hd w toct'Lam .t�R!v FCLi.' wG G+A*JER y L.�+rnt�.Nacic i,.4+M*x.G1 a *4 Fw'►.D,W�ci+t C! +t�+►+iM+wRi r}14wo TYk �,t- 12 ►aK.D+Ir1tL/SfIMM"�f rounds of double-00 buckshot and ten rounds of rifle slugs in the pouches. Baeta said that when he responded to the scene that the five rounds that he loaded into the weapon came from a box of ammunition that he had in one of his pockets . I asked Baeta about the availability of other ammunition for the shotguns . Baeta said that there are specialty rounds available for the shotguns. Baeta stated that two of the specialty rounds that they have available to them are the beanbag rounds and ferret rounds that are used for delivering chemical agents. When asked how the ammo for the shotgun is stored, including the specialty rounds, Baeta s== advised that the ammo is kept in GI-issue ammo cans on the r. . crash cart in the SWAT Armory and that the cans are labeled as to the contents of the can, i. e. , type of ammunition and the -.n.umber,. of rounds in each can. Baeta said that when they briefed at the Command ' FosL `and Sergeant Gilbert indicated that he wanted someone to attempt to take a shot with a beanbag round, if certain criteria was met, he (Baeta) went back to the SWAT van, unloaded the buckshot rounds from his shotgun and then went into the van looking for the beanbag rounds. Baeta stated that he found the ammo can marked twelve-gauge stun rounds and that he then took a five-round flat-pack of ammunition out of that ammunition can. He stated that he loaded four other rounds into the magazine of his we,- and dropped one round in the van_ He stated that he did not attempt to locate the dropped round, but cycled his weapon to chamber one of the rounds from the magazine and then responded to tIze front of 222 Anderson. We asked Baeta what type of illumination was available to him in the van and if he loaded his weapon in the van. -Baeta stated that the only illumination that he had in the van was the flashlight that is mounted on the fore-end of . r. Di Dc C)CA DD( DL Do C7SA Dy OV-50" Dom■• O 1)A- 0c-WW b..,..�a D,cs n wry O Ra D x a.»�+ti A•.�r P*rw ,i.ck.�. t T.a.ww.r ,iCO a�� S,,, DDCar- Dw,,,,�P,,,,, Sergeant John Celestre JF7D.: r r - « ,... s,.., 0069 t'y! -„"R'+MYS'..T'f��'.sy.;1.RT;V�^•^�3 .. .V�� �> A ' �T'. }.^ ” � +4 j ,, ac�.�� �° ��dw'S[�- ,�;W e,,y- t- ,'�f 1y� re -� ,1��r,,.• r�-,r i at.Y�,,_t , �a � '* �3���>i:'4s ��5�:�'r+n,'M�a`�+.�Gr.''y.�ey�.Cr"�.b�y .t�"�'�_".V��'�wL'+fX'�*''"r•"..��i�n�"`'..;.. 1.i7R++o 27 tica �^ 95-10679 Cen A ? HORNBERGER, Brigitte G 19 S_ : Lc�►tion of Uceir:rer�c+� ERGBRf �Anthonv 2 Anderson Way, Martinez s s n�w+r r„ rdL.R+4 rG Rfar+6.LtrC 3so+r•a✓*,N--R+tw% GwoA*b M'►rz,wau L4%A0CtKW*t u040'i P F)+►.ro p•►.K.7wn W x.l+�.+e+Tw•lar •4.1�► F C:.4.t74w�►+C+p+taf al Ili GMK*sic s.hccr�X,.M+►M*f•�a''°�'""'Q . Q;rrr *r K+gib-�+t�►e Gaco1 4 t.�at u �•.1 r*.o�� his shotgun. He stated that he used the flashlight by reflecting the light from it off the roof of the' van. He located the ammo can that was marked as containing the stun rounds. He then extinguished the .flashlight, took the ammunition out of the can, and loaded his gun. We asked Baeta if the SWAT Team had previously trained with using beanbag rounds to attempt and disable a S . Baeta said that it was something that they had talked about and rehearsed in training. We asked if they had ever actually used beanbag rounds on a S during Baeta ' s service with the SWAT Team. Baeta said that to the best of his knowledge, they had never had anyone load up with beanbag rounds before or at least not in any of the call-outs that he had been involved in. We asked Deputy Baeta if he could describe the weapon that S Hornberger had been armed with. Baeta `said that _.from his . position by the blue pickup truck in the driveway, the weapon appeared to be a shotgun. He could not give us any further description as to make or model. He said that he could see the brown wood stack and what appeared to be a single-barrel on the weapon. We asked Baeta if he had informed any of the other individuals that he had been posted with in front of the K residence that he would be attempting to take a shot with a beanbag load. Baeta said that he advised Deputy Thorsen that he had beanbag rounds and that if an opportunity presented itself and the necessary criteria was met, he would attempt to make a shot with the beanbag round. We asked Baeta if he had passed up any opportunities to take the shot prior to actually taking it. Baeta stated that there had been two prior occasions when S Hornberger had come out on the porch that Baeta had_ passed up the opportunity to take a shot because he did not feel that the yi Oars DL Dp M$A D„ D Dw•• D Dom- D _ _ 1r.tir. I Two wow 13 P QPMo ftoft pr.�o•�. !Dlr.�+.r ++ Sergeant John Celestre CC rDCPW . .� ..... 32 0070 L"t` �'i'+`'A'1:+�'�' �s';�c . �..�'''�'. �..k' `�.t+�dn ,ln�ito+.f,.���st�`S�p7t��.�yv'C,.hr�S,•'�•�eq-i�. ?'.'::�` ��+�.. �r f h: x "`���.���'4•} t' a,g �'�'. V- � �� 24 L VA w. L Gal a DOW't. �A — & �rc�►,. 95-10679 Cen A � = 6 '�,••^ x. .01► /.W 7-o' Ory pope., HORNBERGER, Brigitte 4/19 95 - a 2 etion of tkccwreme x ' °-� "' rson Way, Martinez MERGER Anthonv tt r��0••��'ti �,.rbf.N+GnI�'fdFw+++6.LLIKf3o+�"`•lrrT.li�nC++'.�✓'tC1�.0✓aait� �rNC'4takt'Wn./.w^Sa+K'�ItOCWN✓tnp�r".t•"4.'ii.tri'+1".Vs,'�arutticucO�sVCL0+1,i...Ypn vr.K.Tour,W.�a.htfrW Sou'Low •LjV ►c FDL4z VWG O+Vf k N G6-W'4 s.kvcaa t; h+M*q.Cl 4a'"*4 F.Kt.D,wtic�.a t]C�.cy iia✓�x+rn��►giro Tv� a, _ Ct;�••w-* K 45-rrtic,+4 0000S %mot conditions were right, i .e. , position of the S , presence of the S ' s daughter, etc. I asked Baeta if he had any estimate as to the distance involved when he did actually take the shot. Baeta stated that he estimated the distance to be fifteen to twenty yards. I asked Baeta if he could remember what his sight picture was at the time that he took the shot. Baeta advised that he was holding an on-center mass on the S ' s torso when he actually took the shot. I asked Deputy Baeta what SWAT experience he had and what specialized training he had in the area of SWAT and/or tactical operations and specifically what experience he had with 'the shotgun. Baeta advised that he had been assigned to the SWAT Team for approximately one year and during that entire .time., he had been assigned to the entry team and his assigned weapon was the Benelli shotgun. Baeta said. tiat he had attended the .Basic SWAT School , which was forty hours, In addition to that, he had attended approximately three other schools over the- years that dealt with building entries and/or -high-risk warrant entries. Baeta said that in the area of the Benelli shotgun, he had recently attended 'a forty-hour tactical shotgun instructor school that was put on by Heckler & Koch. Heckler &Koch being the U. S . distributor for Benelli shotguns. Baeta said that in addition to this, he had attended in-service training, either as a member of the J,, Team or the normal 24-hour yearly updates and that -in both the J Team training and the -advanced-off icer updates, he had received shotgun training. We then asked Baeta about the specialty ammo that was available for shotgun and the specific training that he had gotten in regards to specialty ammunition. Baeta stated that in the forty-hour SWAT school , he had fired approximately twenty rounds of ferret ammunition. Baeta stated that he had received extensive training and had fired +' x owrrwan ^9 Dt Dc r3 D4 DC* DL Do C)SA DV L3 h.04 ok CA= p ramip P o. D w+c It ^r+1 n.OVOr P ;+ 17,lass r Tom WOW' u om rSergeant John Celestre CO D•�••�a� II o.•.r oti j].o.*�•owe* S Owr M�+•+r»La►•p`nnv !9 iw. tMo t1.o.■ Z . 0071 }:' l.r�+C tX '�3iR�t4T� 'S7•s��)���'�i^� i �'t,`'.' r.7 }w a `. i w : .. _ _ _ :: L.7 P.t�. Dox 3DT,Mzrtir+tz.C ►&MOrniJk �ts53' ' '3D j "*-D S'1A � [ a+r►''t i �4ssri t.OA pop, C*r CMMO 1.Grr+» C + f 236 a 95-10679 Cen A ' . . HORNBERGER, Brigitte 4119 95 ir tion of Uc.c -c ureme MERG�r Anthony 2 A Berson Way, Martinez t1 hw."►f:��L tsrt lsa++^«art,KJRtor.Ap%rJ$ C#.�ares+� !sre wks'wn.l+ee�rr't►Zr+o+ K A C P40-ias Sou'Las.3,�S ►r pC)LL 7w.,to ON.>Ek N txo+�^p numerous rounds of twelve-gauge rifled slug ammunition, which he considered a specialty round. He stated that he had been present at lectures and/or demonstrations concerning the use of beanbag rounds, but had not received any formal hands-on training with the beanbag round, but that he had fired some beanbag rounds on his own, as a way of educating himself as to the range and accuracy capabilities of the round. I asked Deputy Baeta if he had any training in the regards of breaching or shot-lock rounds. Baeta said that he was aware of the existence of what is generically referred to as a breaching round. He said that at both SWAT school and the H&K shotgun school, they had discussed breaching rounds, but that he had no hands-on training experience with breaching rounds I asked Baeta if he was aware that the SWAT Team had breaching rounds and included them with their standard response gear. Baeta said that he was aware that the Sheriff ' s Office did have breaching rounds, but he was not aware that they deployed with the rounds on call-outs. Baeta said that he had been on eight prior SWAT call-outs . 'He said that to the best of his recollection, they had never used or deployed with breaching 'rounds . Baeta stated that he had never handled the breaching rounds and , was unaware of how they were packaged or what their appearance was. J I asked Baeta if he had ever handled the beanbag rounds on prior occasions. Baeta stated that he had handled the beanbag rounds. When asked to describe their appearance, he described them as having an opaque plastic outer case and that they had a low-base brass head. Baeta stated that the beanbag rounds came in five-round flat-packs and that he could not offhand remember the color of the five-round flat boxes. rt. DC* ML Do D*A Dv L3. Ck *Am 0~1 C)RO C)ONC %L AMP-"DOO."P_%Q tx.tr. i law*V__ C �Ow "OMPft##% Dow"i Orr- n Sergeant John Celestre is OP n.Dow 0072 _ 2 Cir a a+i►,t i O+sc,au . 95-10579 Cen A 1 : 236 . ,t." HORNBERGER, Brigitte 4 19 95 r tian of Uccurrtnce ,C �«-�.�L_f,u) i 22 Anderson Way Martinez HURNBERGER Anthony Louis ,1 f`ryPl,l MrD +* 7rK Ftir+k+E.1tC Su3w•.y'e. O'aAte, ksnG'Wxt'W h,SaCta+rt<t tiDO� oe--.Ef, f. D,W'•ciK C)C+f%ct iwfx++'+i fu Me lYLitur n Mf�rTr►d.W.t.ltic�,W Tou'iCw .LS 1► fC +G lU CvnMKj.►aKa�ii.r+�M C1 C+oti'qMi u r,..�•.-.e fY�s We asked Baeta some questions concerning his gene condition at the time that he had been called out sleep that he had had, etc. Baeta said that the been working a 4-10 training shift. They had been azzenaing .. some tactical classes in Emeryville and that they had been starting work at 7 a.m. and getting off at 5 p.m. Baeta said that he had gotten to bed about 10 p.m. on Tuesday night and had gotten up about 5 a.m. , Wednesday morning. Baeta stated that he was not currently taking any type of prescription medication. He stated that he does not wear glasses, and he also stated that he had had two Bud 'Lights with his dinner on Wednesday evening. His dinner consisting of tri-tips, salad, and rice. In response to our questioning, Baeta again stated that he - had no_ idea that the breaching rounds were in the SWAT van. He said that the'"ammo box'-- that'--he got the:.: ammunition out of in no way identified the contents as breaching rounds. `We asked Baeta if he had any idea who had set the ammo can up. Baeta said that he had no idea who had set up the ammo cans so that they contained both beanbag rounds and breaching rounds . We again asked Baeta about his position and the S ' s actions at the time that Baeta took the shot. Baeta stated that he was positioned behind the .cab of the blue pickup parked in the driveway of the residence and that he took the shot from the position behind the. cab and between the utility box that was affixed to the bed of the truck. Baeta said that the S was standing on the front porch of the residence with the shotgun held generally horizontal to the ground. - Baeta said that just as he fired, the S was in the. process of turning to a different position on the porch. We asked Baeta about the subject' s general demeanor at that time. Baeta stated that the S appeared to becoming more and more agitated. We asked Baeta if he was aware that the S . D: DC DCA D# DL Do t30A Dv DA= 0~1 D R c D s+C x 17.C U L T^r VA.0t, c o•� D+ �,,,,,, Sergeant John Celestre C` D oars M N�+ +t f,ar. t►*ncy ro s.+ ' S 0073 3' --, �`•."fT`ivy`�?`�'F''� -n'� �'� �..'-.��'-���s '{ -95-10679 -- Cen A : 236 •�••^ HORNBERGER Brigitte 4� y � tion of t3cctr:-rerr_e x l ►•�• r.v� ` 2 erson Way, Martinez HORNBERGER Anthony LQUis 11 �T'ooa"�s �.pyhL1/1:.F•lW}'f'1�.fih11t.�t10+1�`•�+.K,r+1L+a'.A11+CJ1 QyaJt� kl,hC'L{al.l tl{a�;.'S.R K•l�KJT�f'.LI"1L•MjJrILy"'.V i.�'1R'�rD,i�L">�+M LKl4or .. tik1a+►TwP.W.+a.►,Cl,rer Tau•Lora .��'+Fp;1L�tG 0+47f R A,}C�*+lrsc r.Vaca t;,,rr.a+ry.C1 Oo�w*rp F.+n.0,4r".tMra Q ossa fw.�s■++rnL►1 R.*c y'Yl tu_ Q;F no.-w&K►tS aa►o►a UcK k k*A&e 12 I1.ro�rrG F1afe!{� was allegedly on methamphetamine at the time. Baeta advised that he was aware that the S was allegedly under the influence of methamphetamine. We discussed with Baeta his knowledge concerning the actions of individuals wh,h � -- under the influence of methamphetamine. Baeta sta, he had three years experience as a narcotics inves' and during that three-year period of time, as well his time as a police officer, he had dealt on nume occasions with individuals that were under the inf methamphetamine. Baeta stated that from prior exp, he was aware that individuals under the influence ., methamphetamine can be paranoid and/or delusional-. He stated that he has frequently seen meth users engage in violent and/or erratic behavior. We, asked Baeta if at the time that he took the shat, he felt ha,--the '*S could pre`s'ent "a-- serious .threat to. the life and/or safety of Baeta, the other officers, or anyone -`el-se'present at the location. ' Baeta indicated to me that he did, in fact,. feel that the S could have ,presented a deadly threat. We discussed with Baeta the fact that even though the S was holding the shotgun with only one hand, due to the nature• of the S ' s weapon, i. e. , a semi-automatic shotgun, ' that even with holding the weapon in one hand, the S could have easily fired and/or manipulated the weapon. We discussed with t Baeta the tactical training that he had received in the area of the . shotgun . and the fact that there were a number of drills that a person went through where they maintained operational control of a shotgun with just one hand and could effectively fire the shotgun with just one hand. From prior experience and training, I was aware that ±t is possible for an individual to .maintain control and effectively fire a shotgun, particularly a semi'-automatic shotgun, with the use of only one hand. The interview with Mike Baeta was concluded at that time. The audiotape of the interview was placed into evidence. �C CK DC* DL Do D*A DV D P"V-q Ci DA= D..ti D kc 060C x Awar. 00060T PI-Q t1.0" r two V"9W u CI 0,,r,,, ,�,, n r� D,�,,r„F,,,,� Sergeant John Celestre D cow t1 t40roorM 9.4" r—"Q io i.0" Poo tl.Or: its fka r.Ino) 0074 i ;,;Y e.r• i Ger Co" b 95-10679_ Cen A --------- -.COONs.. •� �.+-0 HORNBERGER, Brigitte t tion of 'Dccurreme HORNBERG� uAnthonv 2122 Anderson Way Martinez *„w,,,.,604.KA0*Y _W_FtvwC,Laic SW4-. .k. bs.An.G..o,,.,,t� uaort +*L r) v& Von. lou'Lcm LlCt w Fo G 0"k Al CVMyp c).AWU&t;.*,Wrr.C1 WR'�«4 Fan,D,w+r+ia Q CX�oa i�.+s�+.«try R.s.o tY► nc_ e2 lti.re�r.c hw�_ After concluding the interview with Deputy Baeta, the other Sheriff ' s Office Detectives, the D.A. Investigators assigned to the case and I all met, discussed the case, and what other actions needed to be taken and/or what other individuals needed to be contacted. Assignments were then made to investigative teams as to what they were to do or who they were to contact. A copy of the report by the security officer at the Mt. Diablo Medical Center had been faxed over to the Field Operations Building. This report documented the contact that the security officer, Larry Lee, had had with Anthony and Brigitte Hornberger and tr^ that the Concord Police Department had also responr scene. Refer attached copy of Security Officer Le report, #, 95-386. We had also received a faxed cop, Concord P.D. Report written by Officer Ross, refer attached copy of, Concord P. D. Report T95-9979 . At approximately 11 : 45 a.m. , on 4/20/95, I receiveo a pnone call from Sergeant Greg Gilbert. Gilbert told me that he had been trying to recall who might have set up the ammo box that contained both the beanbag and the breaching rounds. Gilbert said that it was either him or Sergeant Woolard who had set the ammo box up, but that he -could not recall which one of them might have done it. - Gilbert went onto say that the ammunition that they had received from MK Ballistic Systems was ammunition that they had just received, in the last month or so. Gilbert said that to the best of his recollection; Baeta had not received any training with the MK Ballistic Systems rounds. . Gilbert said that the SWAT Team had done previous training with rounds of; a similar type and/or nature, but Gilbert wasn 't .sure whet?fer Baeta had been present at the time of that training or not. Gilbert also told me that .he had received information at the Jail that- Cheryl Cole, one of the Sheriff's Aides employed at the M. D. F. , had been previously married to :S Hornberger. D► Dc Da DC* DL Do D8^ Dv Dom^' D owww u D«r..�..+r ti D rrCt D r i Dao. D MSC % owrr!►r�r y t t. r Tom wow D►-� � D� Or Dom^»�, , Sergeant John Ce.lestre D Dow M AAM 0.0 U*, 1P. sc s Mme.+»o� 0075 fir'q , r s,.ak��,e1��.-x�A.�'* 'i4.*1�'��'1 ",��G`��°"�;tT3t`''d*X�4 t ��}. L 1 a 's�,,,,.�{�.{,y1a:� �•"w�b���' t as �'"3�`sy,�,.,i � �w,�S L<f DX t wrueu L Gil Gsr+ 95-1067-9 Cen A , o,,.c•� +r..•n r D { -`�;" " '�` �'`° HORNBERGER, Brigitte 4/19/95 7 �i e �tlonof ccuF-rencr �2 Martine MERGE32 Anthony � F..,nd.Ltw t o+•^•�.+T x r*a..�wdt.06ar l Or"rww rLi*n.r;.c�x F.es � w.arw.C1 MCI w.Ro�+.n�R+��.�� �rw�7wta W a.P40.sa svu'Lora .LAI ►r f OLLOwWO 0+-?ER A4Cv*«+c�,++oss t;,�r.M�Ci�"^fl 0;1 rs+nt tS Flbs.doro Cfacros War I subsequently received from Sheriff ' s Office Records the reports concerning Anthony Hornberger that had been on microfilm. There were a total of six reports that had been retrieved off microfilm. The first report, 86-22237 , listed Hornberger as the V in an assault and battery. The report stated that Hornberger had been found in the parking lot of the Bistro Italiano at 3210 Pacheco Boulevard. Hornberger . had sustained a broken jaw and other facial injuries, and Hornberger had declined to give any information as to who the Ss might be. The date of that report was 9/11/86, refer attached copy. The next report was 86.2.2868 , dated 9/18/86 . It concerned a domestic disturbance between Anthony Hornberger and Cheryl Maureen Cole when they resided A together at 4095 Cabrillo Avenue, Martinez, refer attached copy. The next report was 87-23948 , dated 9/22/87 . This report was. another report * of a domestic disturbance between Hornberger and Cheryl Cole. This, one taking plat , ^^ . . .. Cabrillo Avenue in Martinez, refer attached copy. report was 87-29045, dated 11/19/87 . This was an domestic dispute between Hornberger and Cole at 4 Cabrillo Drive, refer attached copy. The next re 87-31.178 . This report concerned Hornberger recei citation for violation of Fish & Game_ Codes becau .fishing with more than one line at a time, refer o��au�aGu copy. The last report that had been retrieved o,ff microfilm was 88-22773 . This report was a civil matter or civil disturbance, again between Hornberger and Cole at 4095 Cabrillo Avenue, refer attached copy. sc Arrs►aaR Ami-0.0 Da pc L}L ' j�o j�*A pr D+ D Y%-- D o.rrswc, r3 D rte.` LI.� D~, D tea. D We x.%WV-4 000 i P-W t�.o.+. r Taw w*�r^ uD Sergeant John Celestre oow►l s Von.s no) - 0076 '�,F+.^s�„4'tz.:. .� ��'�kTc,�+Ae'�i',�.S+CC 7;'.'.'�i',�.. - " �.{''.°`� A"� ��Ss�+•'a"r � ,�`+x1yYKS,jST ,,y,, 0 b*4vMM..WMW 10679 �. 9 5- a v H `D W • VC1110 L AIL F.60 7.0"on$.hevi �.irr+o•oY�.hMG. D Hornber ,er Brigitte 4-19-95 Location of be cuzrreme eo.5.140 5 ft Al a 2 G s it.hnc+'R D+aa'+�+ari "Vo ftd".Recgr114 NVM4.Laart SZ04001•ft-h+v"tW.AnCk.Ova"ty.lr"fL4aks 164w(acwrer's WOW ku+n.W.54r&W hk MbW.u DC�4 pe,ev�Lb"tion W1wi Tales,%Wm F+ci+d Tool los•LST Pt FDL-O*t%VG OADCPL N e697wlcX NoUiL 19).low++7:C�CiWwV.FvM D)v®r,;ri@L q Orka %wVn e*+L F)P.&* .TV"rst_ ' a)Ftwutrft;►p 4 Gc,coc.A mac. - J On 4-20-95 I was directed by Sgt . J. -Celestre to assist in the investigation of an Officer involved shooting at 222 Anderson Way in the unincorporated area of Martinez . I arrived at the Field Operations Bureau at approximately. 0230 hours . I was met by Sgt . Celestre and I was told that I would be conducting interviews with a Contra Costa County District Attorney Investigator when they arrived. I was assigned by Sgt . . Celestre to go to 222 Anderson. Way to examine' the area of the scene . After I finished looking at the scene I returned. back to the F.O.B . and met with Inspector Kevin Dorian of the D.A: Is office . Inspector Dorian and I started conducting interviews. with S .W.A.T. personnel at approximately ;05;0.0 hours .: , , The , following is a summary of our interviews with Deputies Gordon, Bradley, and= Daniels Our first- interview was with Deputy Donnie Gordon at 0504 hours . Gordon told us that he was called at his home to respond to the F.O.B . for a situation that required S.W.A.T. Once at the F. C.B . he suited up and responded to the scene with other S .W.A.T. team members . Once on scene they conducted a 'muster style briefing. They discussed the situation and the fact that the suspect was armed with a shotgun. They also made their assignments . Gordon was assigned to an entry team and then later to an emergency assault team. Gordon said that initially he was approximately 70 yards from the house to the three o' clock side . They did not have a view of the Ds DC C)CA L7 of DL DO C)$A IDY +� Dom. p No jVV powww ❑Plv"ry Ck. DAM ID~. =j Flo. D Wo c t4 AwporlwV DopAy r-% 17.Dew ,Tom rR jean ti osac 00186 Como^ D CerP0.O+c D F1 r* t r A 5- 9- 951800 [}oe•�.r �"►- Lyp"r.$ss�P-"—" .— fK+a..Fa ?1.D.: 2Z tinge 0077 � .?u.hr'Y- @,x�'i''af�S��F3t•Y�K'"x�*1}�f'3�N��.�+����:�"�� } �,y� .,�,,,�.,,���c_-s. Y ,4 * ? � -e. ,-z....._ .�`...,✓�3;':�ti.."�s`',�.��.4N s !4..i'yy,,��,.4`+�+'�"�;1',nLi?�`i c�tc"'Y�`*-�+ '�r+`/Z :ie,'f�` 't�Tr� ^'�yrJ�i�,."•;.`'�:.•; �:.s r,k ... ! .�i^ •N✓±-'F'!,dv~aS+�e.�JC��S.?����..N.'lV��IM,', .. 1.0^ha. L Cel Cees 3 *1C yi. ^ -....... 95- 10679 av A-I V. x,f = +rr-O,o., L_vx w,++� .1L F.K7.o«a +++..xz t.finp+or*.►+c. D Hornberzer , Brigitte - 4-19-95 u� i /ix> at loll of tk.curreme rc.&�►o+cx i P00%s A..F.#A) 2 s tt.Frt�i'+r"fT D fe�s+vneM4.Plrcor7rk FaRxi,L.erG lse+r+-�brr+Fkarrd*r,JvtiC'.1�.Ou�r'g.!r's++3/Wta/W wlsev�'t<tctlf+Nutn]r.i«+lu KsrtiO*r,i,I ,�Gwcr�Ls+esswn M 7w,Tb,%r W ua,inaxq Sora,Low•i tib*1 Fot LC WV4 , ER/y GurKuy.kcu&III Jrw++7 C?CwevnG.Fur:.Ol f100� SQvOh+nG F)04sc.TYa.eu_ 0)FkWM MQ k&00-04 400vc:A iwc. house originally. Gordon said that they positioned themselves on the driveway/porch area in a ready position. They were on standby and ready if they were going to be needed. At this .point they developed a contingency plan in the event that they were going to have to make entry into the house . They then waited at their location for orders from Sgt . Gilbert . Gordon said that they had no view of the house, but they could go up and peek at the house to look for any obstacles . Gordon said that they stood by for more than two hours- and during this time they could here the negotiations being conducted. He said that they were constantly being kept up to date on the negotiations . Gorddn said that die heard .the,radi-o traffic about the suspect with a shotgun and a child in his arms . Also at shinepoint -he s'Card: that the suspect might have a handgun_ in a truck nearby- the area . Gordon said that initially they were told that they had a barricaded subject in the house . Gordon said that they heard .. several times that the suspect was armed with a shotgun and that the suspect was moving around with the shotgun in hi ' The S .W.A. T. teams concern was to get everyone out s the minimum amount of force necessary. The plan is always to resolve the issue with no force and no one getting hurt . Gordon said that he was standing by on the , porch with Deputy Wright, Deputy Bradley, and Lt . Coggan when he heard a "report" (a loud noise similar to a gunshot) that he thought was a Iflashbang" . U_ Da DC C DL D0 t7IA ❑V ❑*+9w"Lk D AGS ~1. RO. s+- x Meaarr+p Ovovty tP***v 17.e*w i Tom V*100r+ ❑pas er Cr=*w+ _} .Gye ❑,+.r+r++r, +. 0 5-9-95 1800 CQ No 22 P-1104 ! FLS i Vk-.A fft) - _ 0078 ?5"`4IIy�i^t�� +a+G��vw.yk[s'C��,,�!^�� 'Y ''r�'• a rs}� 3 f 1 y_y.+y, -T z... z .t' q ' '�'�a�.�'.yiS�YC{ ,-���'>'b�.,,t�y��,S,f'�y�{'�F?'!3'��9'4������{�.��•-y'+'�-�+Tc�3�� '''}is"X^� 'F n. y..,.,�'` .S+y� i.9 10679 D.rte z ' 4 ABay .�..e«. v c»i�N► J L F.i+0 S.C"OnL11"I" a fowipwtes Na. D Hornber ,er Bri itte 4-19-95 u br.e+i I.nCdtlon of I>--c ?S.`-reme V.i -P a NW= G F.id) 2 S *rowndod.P.N=yr'eG.Found,Las:Swish-%W4%NWMb*,ArbCk.OVW*.i_Pf.4f iate/wbn AbCt6K.s'i MOOV NVMbW.Sores NWMeW,4t0ost�Dos rr,Csacx,,Lotaoa„ V*we Tswut WmAzkr Tont Lots-LWT IN POcl.f7W04 ORXPL N Ccxter+cX NOUM t!JVWWrr.P OW".Fun..Ol VW%&M�W P Oma 6"monw t F)R+a.o.TV, stc_ Q)FYsrrNs;hQ►�bras++dd Gtcot,�►+.rt. (i2.A.c www Plow"s Gordon said that he thought the "report- he heard was a distraction device. They then moved up to a position where they could see the building. Gordon said that they are trained to move forward and establish a safety position after they here a "report" . Gordon said that they then moved forward to the porch area of the suspect' s house . Gordon said that he heard someone giving instructions to take control of the suspect . Gordon said that he then saw the suspect on the porch. The suspect was on his back.. The suspect appeared to injured and appeared to be bleeding from an unknown location. Gordon; said that;their j.ob was to go in and secure the house and he . had no idea what had transpired with the suspect prior ,-to .'his ..team. , moving forward. z He heard Sgt . Gilbert give the order to make entry into the house. Gordon said that his teams responsibility is to make entry into the house and° secure the house . He was not assigned to take any action with the suspect and only briefly .saw the suspect . Gordon said that after they entered the house they searched for � - involved parties Gordon said that the whole search took less than two minutes . After completing the search they assembled in front of' the garage . Gordon said at that point he saw a shotgun on the ground near the suspect . Gordon said that the shotgun was within twelve feet of the suspect, directly below where the suspect had been standing. Gordon said that at this point they went back to F.O.B . and waited r • nG D� DOE nL CIO Dv+ nV D rice D NsrC).kpy ❑OWWW ❑F.spvtr ar- [)A.= C]~L p RO.. [)%W_ x+lecor"DsPAy Mrk tQ i7.0" i Tawe F 5- 9-95 1800 CO ».Aoprr"Ljpv.r*w+0 29 Luy..#40 21.Dow ZZ ft9t 3- FOPW t .i tit) 0079 +��',`��,�1..'�t:.ga'�f•.�GC'�7+'}'JAi�rh'C�i'p'��i"`�+r'i+Nom, r.-..:�. .,;t• , —G- w. �a �..:...ss _y,. ♦ 1. 1.Da haD. � 9.5- 10679Bay 7A A. D . W. 2 236 .�..� i Y aw m, at. F.K - . . T.Daae one.^*Pon be+oi"ha. Hornber er ; Brigitte 4-19-95 Lr�tion of 1>_-uxrence ,o.f,roacTa Pft-*{L F. 7 s tl.hrays�ts Dwor'Ipaarti . irrtip ftud.haa:'Y .f*.V%d.LOK xwwe+-hy-h wmbwl VVC114.ou "ty.&W.4fWaks/i."NKM.cs w I hods+Kvmtw.SO'W►+krmbw-L'"*4ar s—w.u,e,,on Locsro^+ wes ra Twrn.VaNk hci�Toa+Los.LIST IN FOLIC""WWO ORDER N GuTWCIL Ma+R t!*•«rr.q CLW",FW&o)WUCOOL q on"SgAA t+ L tl R+a.o.Tv&.rrsc_ Q}flraawT++a:t4 M66�800c.. mist. S2.+rrc.o*+r'aa r+�b i to be interviewed. The interview with Deputy cordon was completed at 0530 hours . We then conducted an interview with Deputy Ron Bradley at approximately 0717 hours . Bradley said that he was on his way to work when he was paged to call dispatch. Bradley said that he was told that there was a S .W.A.T. call out ,for an armed and barricaded subject at Anderson Way in Martinez . Bradley said that he responded to the F.O.B . and suited up in his uniform. He then went in the big S .W.A.T. van to the scene. Bradley said that they were told, by Sgt . Gilbert, that they had a suspect „a.rmed with, _possibly, a shotgun and that the suspect had his�(the' `suspect` s) _five year old daughter in the house with him.. Bradley said that he 'was also told that the suspect was possibly under the influence of methamphetamine and was very talkative . Also the suspect was very excited. Bradley said that, he was assigned to a tactical team and they moved to the house next door to the suspect ' s, south of the suspect' s house Bradley said that at this point Sgt . Gilbert made plan in case the suspect started shooting. Bradley plan was how to secure the little girl and get her ou if the suspect started shooting. Bradley said that he could not see the house,, but occasions he heard the suspect come out of the house a negotiator. u.D.ar� Asti w pC Da. =3OC =]L Lao p$A Lav p NAM C3«arcl kft p Cwww [)ftWor1r Ca. [)AM 0 Marti. ORO. p we x Amoco IN O"U+r +v 17.Dar r Tara WUsn O PM Det X 5-9-95 1800 CO C)cow ».App-v.”&++PV,rlrr too ri.Dow fl� 0 080 n8O -. - ,,.. �--�..,v.... ..._!max..* w. '-�+rt''R,�..3ie�.+• .i. '�?��� n .1+ t^t �1~p'R trp L Cet Gra -r+ri i. ' :"1 i Lyu+t t. 4cuts-. 95- 10679 v A.D .W'. - 2 scs,a, t vs�.�+i. .i• C.srp _ 7.G�Ori+w.esrt t.bsro{aY«i Mc. D Hornber .er . Brigitte _ 4- 19-95 - �a 7 tion of Dccurrence V.S'ap ai MiAtii a F.Ai) S22 rc �t,rsrq.nr wsr+�on: l +ocrnbrd.R+aoYsr�4 Fo,x+d,Laic tio+r<+•br+1 MuTt+�r.Art�cia.Ocatrsf�y.Urs fL4kS/f.lswC carr':WOW Mvmbw.Sor%W 46xr6w.W*aPAv*o%.*OKcraoon Lori Lon Vt*twv TWMWi.MOL Tact Lois•LETT W FOL LOVY O OROM A)Gni W%Cy4 Mona:9) C)00CUN.furs.D)V*Nk:i .Q Onca&WAPMWML F")A&Ci o.rV,,+u. -. G)fhanra;hQ M�Su.a+,cfe dOG1i0M1,A W►L. fs2.Aorcow�a PIMM 4 i . e Bradley said that their plan was to rescue the little girl, because they were dealing with a armed subject who was acting irrational and was possibly under the influence of methamphetamine . Bradley said that they were standing by waiting 'for the situation k to be resolved without any force . Bradley said that they always go .. into a situation with the plan of resolving it without any force, or the least amount of force that is necessary. That is how they are trained. s Bradley said that his team stayed in their position for approximately one to two hours . Bradley was not sure how long they stayed in their position. i Bradley said that they were advised that the suspect was going back and forth, from theparch, back into the house . At phis -point they made a contingency, plan that if the suspect came out without the shotgun that the suspect could be tac: ?ed and taken into custody. Bradley said that they were advised that the suspect was now i bringing the little girl in and aut of the house . Bradley said that he felt the suspect was acting very strange and he felt that the situation was starting to go bad, because of the t suspect' s strange behavior. Bradley said that it appeared that the suspect was riow using the child as a pawn to see how the pplice were going to react . Bradley said that the suspect did not seem to be concerned about the child, because of the way the . suspect was behaving with the Bradley said the suspect was •acting very irrational ai be playing some sort of a game . w.�iinq,aloeti A.00+ao+i na DC nCK DDE QL Do DM nY ❑rrop«w Crt t]A D IrritL O Ka. D P C x AMP r"DfpveY fimv tT.Ow" i T.ni MOVOM a vss. D POO aOPOW-M D ci.Ia.OOr- p++irr.rip Det X 5-9-95 1800 CO D n.POP 0 UPC.rnm so swa.. r,.aw zz +�a 0081 L :�+.�:. ` t city a -'.°l+ut/ ^-r_^ a.i�i t. 4"A _ i +►rua►,,. IL j�11 fro 95- 10679 i Ok J i. F.60 - T.Cay.Do#.ftwclNo. D Hornber ,er Bri itte 4-19-95 } • /LzK-• ation of Uccurreme ,o. , a F.M) 222 An(iFr5;on Way , Martinez Uornbe Per . AnthQny L2uis it.Prop"AMOVOM te�.NM:; ors4 F"^d.Lam U04f,.hom kko" .kw--k.OvsnM.bw-,d/Wk*/W NA&cUxW't U*60+NvMbw.&V'W NwMbwx.W D- Lioc•sv" wt4"T&**rL MMus,tck4*Imt Loa•LX7 IN FOLL0044'ODER Aa CQ-W%C}NOUC ti Jv-«++7 P C40-9,FVM Dj Q Oft"&WAPO*ML F?lt+Nso.Tvc.M_ G)ffrM4mL;h0 l�.�tioiQ aoa0t.Tj iirt. ` Bradley said that during this time his team- stayed where they were and waited to see whatthey were going to have to do, if anything. Bradley said that he heard a "blast" from what sounded like a shotgun. Bradley . said at this point his team (Deputy Gordon and Deputy Wright) moved forward, because they did not know if the suspect had fired, or what, and got into position closer to the house . Bradley said that they joined up with another entry team in front of the house by a stairway. Bradley said that he saw the suspect on the porch on his back being handcuffed by another team member. _... At this point they made entry into the house to look for .other _. . i.nvolved bartes . - After securing the house he came back out and saw the suspect on the porch with blood on his upper right chest area. Bradley said they regrouped in the front of the house and basically stood there waiting for orders . At this time Bradley saw a shotgun laying in the dirt near the front of the steps . He had no idea how the .shotgun got to its location. Bradley said he herd over the radio that the suspect had possibly shot himself and then he heard that the suspect had been shot with a non-lethal round. Bradley said that he did not see the shooting, but he heard someone on the radio say that the "blast" might have been a distractionary device . Bradley said that after they regrouped he went with Sgt . Gilbert x or.t-,aacn Aoowcrr+ Ds Dc D DC* DL Do D$A DY D 0 y Ck [3A= D OMWI. D R0. D as< x pwce, +gyp OW-Y tea 17.Dow i Trm vK.=r+ ti Disc D*+ QWftA^ DCWPV.o+:. DWOU.ftr%� P 5-9-95 1800 CO D oghw ".A0-0—"sk", m r.cs. x2 Pa" fC'rMd! pb..t too) 0082 t.DR i+a. Z Gr/Gw► a.,�+n+��GaraMeie,or, a. '�1• 4 5 A 95- 0 Bay K, &s. F.&Q _ T.Dan-ons. MCL Q Hornber ,er , Brigitte 4- 19-95 a ,�•«�Location of Uccvrrence Ia. of ao+cx►km 222 Louis 11.Pre+C++'ei t 660-40 t !rcxo mds i.Rrcay's4 Po nd.Ltw, ++Nom6w.A C-14.ow.Rti•trsnp/Mat /U&N 4acnxw•a w4&W N""'Dw.s..`Woftw.LIIW rwows LN�cryoc+rt Lacawon Wtwi Tt►rrL VWV&Y+Cic Taut Lar.L I N POLLOVIV03 Oh.1fR A)Gurt«+tx Noea�t1-�+**��'C)C&*V4hC.FWM Cl Veh6ci .P ofta iowt~It F)RAO.Q.TY►.ttt_ fi • and Sgt . Woolard to locate the shell - casing that was fired by another team member. Bradley said that Sgt . Gilbert found an expended casing on the truck in the suspect ' s driveway. Bradley said that the shell casing was left exactly where they found it . Bradley said that the shell casing had a brass or copper bottom and the rest of it was white . Bradley said that he never touched the casing and did not get that close to it . Bradley said that after finding the shell casing he went back to where the other team members were formed up waiting for further orders . Once the rest of the S .W.A. T. team formed up they had patrol take { control .of . the scene and the S .-W.A.T. team moved back to the command Dost . At this point they were ordered back to the F.Q.B. by Sgt . Woolard and Sgt . Gilbert . Bradley said that they were told to leave their gear on and leave ! it just like it was when they were at the scene . Bradley said they did not really discuss what. had happened, but there was confusion over what had happened at the scene . Bradley said he did not know if it was overall confusion, or just his own, because they thought that the suspect had been shot with a non- lethal round and they saw that the suspect -was bleeding. Bradley said that the confusion was not during the ,incident, but after, in his own mind, trying to figure out how come the suspect was bleeding after being shot with a non-lethal round. Bradley said thatthe suspect looked like someone who uses- x.DM.nc„►cx, t QG ❑bl QOE QL Qo [Q$A QY Q++».rx cs Q ACs Q 0VW1. Q R D. 'Q&Hc F POP-"DsPx*r P rte 17.D" �Two r+rR«+ j t o.►.+o r"101- c..•�+ n c« o+� 'Q tw.+�. + t 5-9-95 1800 Co oa�+"i.n>*.fi+ 0 20 suo•.No n.aa. 27 *tea 7 a Foft.(t #%Vt.It") 0083 ^'H�'ti':e .:�}'i.s"r�.�k� X.�o-�i�.;Ls'�=.'r.'��°+aeX '{x� •Y�`3X�K!t�"�r�r'�a. - .�,-s.:.�1. i�.7JC W l•M�Yti!'liZ.�rilll G7�isi �'►.+..rr.+-r .,. •.17.O+t�+o. L Gtr Gtie i,tI tr+M 1 GirrACacon •°: Ctw,t t. A is as•• 95- 10679 Rav A.D .W'• r 236 ..o• 7.Oas Onq�ftw-cn NO. Hornber ,er Brigitte 4-19-95 u & Location of Uc.cLrrrerr_e t,.c.a"a Mr+n.A,F,1atI 2 rt S tr�vncwd.l4toyYed.fsrrnQ,Lost 3ioW+•Itran+ti�r++G*r,irtirJt.O�a++1st.ir'sr+C/WtltWnutarn+r�'a 4tcc'w+Hutr�tnrr.f+rial►kXrtbK.U1yts�sr»o�.s D+a:r�pturt Lataoon W4 ww 7�L Wua.ft;`J t Tact Low•UrT IN FOLLOrrtr+G DftDEk Jy cuyw%cX M04L«)JVWWrY C}Caoe> mo,Dura.G}YON046•Q o^C.iouwrt*ftL F)Aaao.TV&.trsc_ Q)FV*a_M r;4 Mdure604 flow%.A Mat. t2.F•+c.a++r+d F1s'e�q i 1 methamphetamine a lot and had -the 'appearance of a prisoner of war, because his face was so thin. Bradley said that these were observations he made and that the situation was never discussed in detail prior to our interview. At 8 : 01 hours we started our interview with Deputy Mike Daniels . Daniels said that he received a telephone call at home from dispatch at approximately 9 : 15p.m. . Daniels was told that there was a S .W.A.T. call out. Daniels said that he suited u-o in his garage, because he is a designated marksman, y Daniels said that he responded directly to the command post, which was at Arthur Rd. and Anderson Way. Dari els . aid._that he arrived at approximately 9 : 45p-m. and was told triat no one had been `deployed. - Sgt .; ,Woolard was:...the on.. scene commander at this point . - Daniels said that he was told by Sgt . Woolard that there was a white male subject in the house with a shotgun and a small baby. The suspect was apparently mentally dysfunctional . Daniels and Deputy Dahlstrom were told to deploy and cover the ffront. of the suspect ' s house . Daniels said that he was told that the suspect was acting irrational by not complying with any verbal commands or recruuest. Also the suspect would not come- out and was carrying a shotgun. Daniels said that his assigned job at this point was to be a designated marksman and he also was to gather intelligence. Dani-els was able to gather intelligence due to the location that he setL up at when he deployed. u.o.mt*&Ac., « Dc DDA nor pL CO pvs nY &•Vwsvrsan C Y'p p NW=4= ❑JUV oat WW ❑ft+owv Ct n A= D PLO. C&,c x ^*P"*S C"Vkr fpl* t 17.Do% T.A. C3 P-a►o vr+M L?G•r^c+.C+_ L7"woo rte+ t X _ 1),� Ipg 5-9-95 1800 Co xz $: fOOW s #%f.If") - 0084 .. __...._._....._.,___.__.._,..._.-,.,....�..a.„�....>,,....�.-rs:•obs:.•..5-.�k:",�:.:�:a�anEa+.<.,r_;�L'k,^�:;+otic,' ::�>'�1a;w;-r�,*�'''�4;.�"`. "�".r�-.,��-r^e.;:: � -- pgattC..kr1r7 <:,,~ J 'b�X:%i►t Frssrvrtaz:�a+ .....- L DR Mo, Lj i Car CA** 95- 10679 A.D .W•. t .�.o. t v N. AS. F.K - - T.Das Drgp ROoon t:VIV"++No, Hornber ,er , Brigitte 4-19-95 + 00 /Location of t)ccuvrence 10.34AC M640 222 Amd,-rsc)nr v Louis t I.Prop"DO* V*QrL k,"p 'dsd. �4 FO W4 Lori^•w++►i�r'�Drr.A bcJe.ousnit7.lrsr�i��iat�jfrisn�bcsu�'s"*oft>~turrsr,it+at*nr .Ltd Drsarp9orti Loc:t+a* N'fwtr Tbm a Wvk TMI LCW•Ur IN FOU-I>rt 4 ORDEFL N eurv+cX Nota c a)Dorf.Cl ckwvnp•FFM D!V*&-+rL Z OVkV SOOV"wMI.F)K&6-0,TV,.qtr_ {t}f>rm"M W 300 t:A x2.lwca»st«Ci tt"�b f Daniels said that he was positioned -directly in front of the suspect ' s house, but across the street from the house . Daniels said that he was behind a pickup truck approximately 60 yards from the suspect' s front door. Daniels said that he could see the front porch area clearly and that there was a big light on the porch that was illuminating the whole vorch. He could see a window to his right that was covered with mini blinds . Also there was a big picture window on the front of the house . Daniels said that the suspect knocked down the cover on the big picture window on the left side of the front door. Daniels said that he could then see clearly into the house . Daniels said that he was in his position from about 9 : 50p.m. until ambulance crew arrived around 1 : 00a.m. . Daniels said that during the situation he saw the suspect walking ' around carrying what appeared to be a shotgun. Daniels said that he could see the stock, trigger, the metal action, and pump on the rifle . He saw all of this through binoculars and his rifle scope . Daniels said that on several occasions he saw the suspect take a quick look out the window and appeared to be nervous . The suspect was .looking like he was on the defensive . Like he was expecting someone to be outside the window. The suspect would peek out and then duck back intb the house . Daniels said that the suspect looked irritable , confused, and paranoid. Daniels said that the suspect looked very nervous when the window covering fell down and the suspect was unable to get the window covered again. Daniels said that the suspect actions were not fluid or natural . Daniels said that he has over four years of narcotics experience • pc nCA pC* OL Oa OWk j]v AP-,"" Cx Ov%c. ONw=Gca Oa.. Oc ww x-AM--Q Q DW-RI fF"rM x7.Drtr/Two VAIRO-+ ti Dwac 00- 5-9-95 1800 Go O o.w• $QVV.t-Y io sem..NO r.Daw zz a 0085 _.. _ .._._.._,.,...._...,,...,_._....._.,.._.—.:.....--.r...,e w ._.:*wY`-.�.xv..+r..�.u,.•Y+�,i.L`+'.+!7=T"':�•l r�.`•:a'w?,'.i1�1e�'r':'r-"'ii3_._ 'SW v-} �4,� ;..+;;:z,,,•yy.. .9 t 5_ 1-0 6 7 9 A.D.W'. t t Ye r+t M► OIL ►.K t.Dea or*-^soon kv, !, Hornber ,er , Brizitt-e 4-19-95 - u� i ►/Lccati on of bccurreme la.&,*vo as saw io Ci F.K} - 222 c rLouis_ t 1.troCo�t?raor+r�t+n: jb++DwrCkat.0400rro4 FsrrtiQ LoaK Dir+-Mw+ N6-6w-Arbrlt.Ow+srT,lrsrdrW�cs r1.4nvt Orn+'a 1rta0M NurrtaK.feria Nvrtprr,Ll*-Aanro.,s CLaatrzrocxt Lova ban p Vklwv TaAer.VANk YvCk4s Tw1 Lose•Lfn H FDLLOMANf pR.DEll Aj C�6rrw+CX Moat;41.***rr.C7 C+xh&V.furs..D}VWwCfiw Q{fca;ic w.. L F)Ks+so.rvs,to t . Q}�'ita:rns:Ifi M'xatlrclC t3t+ot7tt.h Wt. . 4 t2.�rco•rwses hra�rtt,�t and he has had numerous contacts with- people who are under r the �} influence of methamphetamine or other drugs . Daniels said that the ,s suspect in this case was acting paranoid, irrational, j unpredictable, and his behavior was getting bizarre . Daniels felt that the suspect was becoming a problem. Daniels said that there appeared to be no reason why the suspect - would not comply with their orders to come out and at one point the suspect said that he was hearing footsteps in the house. Daniels said that he saw that the suspect hada little -girl with him. Daniels said that at one point the suspect opened the front door and had the shotgun in one hand and was holding the little the girl in his other arm. f . Daniels said that the susbect came out onto the porch and set the i girl and shotgun down. After a short time the suspect then picked the girl , ,and shotgun, . up and went back .into the house . f Daniels said that the suspect had brought the little girl out onto 1 the porch to show that she was alright, but the suspect would not let the little girl leave . Daniels said that the hostage negotiators were next to the house and appeared to be in an area where they could make visual contact j with the suspect . 1 Daniels said that the suspect told the hostage negotiators that the little girl had been molested and the suspect was not going to let that happen again. Daniels felt .,that by this statement the suspect was becoming more irrational and paranoid. Daniels said that at one paint the suspect let the little girl talk to the hostage negotiators . Daniels said that the hostage negotiators were trying to get the little girl to come with them. Daniels said that the suspect stayed directly behind the little Di Dt Da DOE [}L Da [:J$A Dv NV"rW ca. ED Ams D tMrtt. D KO, .C X Amp*, p Dog,?fprV 11.Dev t Tres rKa t1 Dawn De- et . X 5-9- 95 1800 CO A WV"iuo,r!tea xa.Ulft.NO 21.Dar 27 owe 0086 No. i Car C.wr „•Ir»tC r t.On�r". 1 i 4 A i Mcasa.. 95- 10679 A D .W'. 2.OR . .a., a VOOM frr. .a OIL F.64 t.caas Or*.�. -_ +.6no+oY«No, D Hornb ,r er , Bri itte - 4-19-95 �.�..t izcation of iDccusreme 222 Andersons kppuru3�Q,Raa�r14 forK+d.Lao ltt+iw+•fres+N�vrt�r,Mast.4uars�ri.is''otLtakstfAsMt4ace+csr't WO(*Numb.Sonx hk r6w.W COsusro Ltcthot+ Y4,+ars Ta+reV*;mL h6w6s Tcal Las•ULT N FOU.f NV4 OP.DEPL N C4.nOr4f.OdMW R)JO-Orr.C)pnaunq.Fun.01 V#h4' &Q 00es fo600"»nt F)F ,a .a.Tvt.au._ 81 Firrar'sna:h6�i6.+a.ahcAd t3eocx,A�. !s1-liwcwyeta Rw�t/i F G. girl while she was talking to the hostage negotiators and the suspect kept the shotgun in his hands . Daniels said that he could clearly see the suspect with the shotgun behind the little girl . Daniels said the suspect was acting very nervous and fidgeting. The suspect kept looking over his shoulder q. into the house like there might be other people in the house . Daniels said that he felt there might be other people in the house because of the way the suspect was acting like there was someone behind the suspect . Daniels said that the suspect came to the edge of the porch and the little girl went back onto the porch into the left side area of the ! porch. U" Daniels said the suspect appeared uncertain if the little girl s`hold "go:r'to t ce.. has E ag:e negotiator. Daniels said that the suspect set the gun down and kept his hand on the stock of the gun. ' Daniels said that the suspect appeared to be hesitating as to whether he should let the little girl go or set the gun down. 1 Daniels said while the suspect was on the porch Daniels heard what sounded like a pap and he saw the suspect fall down. ` Daniels said that *the little girl was on the porch, to his left , about six feet away from the suspect . J Daniels said when he heard, what. he thought was a ,gunshot , the little girl was about six feet away from the suspect and the suspect had ' the gun in his hand. Daniels .said that the suspect would not give up the gun and appeared to be indecisive about what he was going to do.. I 44,.c M 1.,. . Dc po+k DDE DL Do pOA Dv k"" MWWA r]whom D P'°rs'° " D APPY D c r.+W D C_ CIA= [3~. D IR O. D&MC ,t N.00—OOPV�r P-4) 17.Daft t Two.r .D ON* D C.e*a.o D et . ,- 5-9-95 ID o.+. ra.,tiow +p U".r4*+0 to S"Pa,No FOPW! paw.,tM) C F - - -._._...._.._....,__......_..,........_.-_........-.-..:..s.c-.�.^ro--.asw:.ca.-w.a:.s';If;",f:F_�V",�w:'::^'�at:..SH"�3' `£'{.`..^..`..:.'pcbst�.'�i.�iM`a�,r•'w„y"!3�1`�>.acb.,zS_+F'7, r..r_..- •._. SL`u Txar.cz z:cR na. Z c... 95- 10679 4 VWWr,K. &IL k r4 - T.own Cn$.ftew" A.&R*4orw No. 0 Hornber ,er Brigitte 4-19-95 , R '^1111•w/Location of 1")ccvrretr-e ,a.s..aoraxx tiA „r a,F.w} 1 2 S krywn4r4,llraa}�r�Q f«e+6.Lo4#scw+t•I�orx,�kK*+Drr.Artir3a.Otirxflt�.�rsn4r1.1du rf►lanubcu,rr�'�61oor+Kwt+ .#r+�u I1�Rte,i+i +�r,yro�s D ,V,, ,%Leu bon VOw tbkmrrL Vs.im hrfud tont Lar•LIST N FOLLO*V40 00.D k♦.j colomcX Pimm 21 Jeweify.C)C&W%ifV.FW&01 VWUOWrc Pon"ia4W+ynt F1►t+o.o.r,&.ec:_ Oi Fkw M 4 K66arfib+e Goc+ot.R k4oz. Daniels said after hearing the gunshot he asked Deputy Dahlstrom if Dahlstrom had taken a shot, even though Daniels could tell that what he heard was not a . 308 rifle being. shot . Dahlstrom confirmed that he had not taken a shot . Daniels said that after the suspect went down the S .W.A. T. entry team approached and took the shotgun away from the suspect and handcuffed the suspect . Daniels also said that hostage negotiator Deputy Costa rescued the . little girl and the entry team entered the house and secured the house . Daniels said they stayed in their position, until told to clear, and he heard that one of the S.W.A.T. team members request that the ambulance crew enter the scene to attend to the suspect . Daniels said at this point he stood by in his position until Deputy °�- Dahlstrom told them to pack up their equipment . Dahlstrom is the team leader and told them to return to the command post . Daniels said that their was not any discussion about the incident and it was his opinion everyone was handling themselves in a professional manner. Daniels said that he was told by Lt . Coggan to return to the scene with the investigators to walk the investigators through the scene . Daniels said that Sgt . Gilbert also directed him to make a sketch of the scene . This occurred after they had returned to the Field _ Operation's Bureau. , Daniels said that this was the only discussion that occurred prior to our interview with Deputy 'Daaiels . j We concluded our interviews at approximately 0842 hours . Our .interviews were tape recorded and I placed the original tabes into evidence at the Field Operations Bureau in Martinez . i 09 QC na [DOE nL rDo pan IDV nom. n► « f4ma 4 ckCIA= 0~. COLO. E)SHC M DS+xr!p-� 17.Dow r Trm D�c...�� D cep.or. 0 WWVW nnipy5-9-95 1800 co ».Aoorv.+nq$uQr.Prr+p :o f..p..No ri.Dyr xz rspr { FOP"1 V%V.t/UI) 0088 - Cominumison P.D. Box 391, Martinez, California 94553 0 HRO 7_1 An as I 4.Detail /-41 5A - 1.DR No. 2.Dry Code 3.Crime/Classilicatiori 1. S.More R 1 2. F95-10679 Cen ASSAULT WITH A D WEAPON 236 6 ; - D7, r,r� f 0 7 0 te/Time Reponed- S.Employee No. 47i9/95, 1715 - 19222s. Reclas! .0.Address Location of Occurrence ftcabor, 222 Anderson Way, Martinez 11. [)PRI Lj Vic Ea WIT ED MSP Q RUN Q SUS ❑LEAD Q Otner 12.Name(L.F,M) 13.Race Sax I Age 14.DOS 15.Driver License No, Deputy Jess Deanda, 440193 16.Address (Zip Code) 17.Home Phone q 18.Employed By or School 19.Work Phone Contra Costa County Sheriff's Office 20.Heir 21,Eyes 22.Ht 23.Wt 24.AKA/ Maiden Name 25.Social Security No. 26.Further Description(Scars,Tattoos,Mannerisms,Clothing,Etc.) 27.Booking or Cite No. 26. ED msp DRUN LEAD Other PRI ED Vic ffj W1, Q sus 29.Name(L.F.M) 30.Race Sex t Age 31.DOS 32.Driver License No.- Sergeant Matt Chertkow, 440187 33.Address (Zip Code) 3.4.Home Phone 35. Employed By or School 36,Work Phone Contra Costa County Sheriff's Office 37.Hair 1 38.Eyes 1 39.HL 1 40,WI 1 41,AKA/Maioen Name 42.Social Security No. 43.Further Description(Scars,Tanoos,Mannerisms,Clothing,Etc.) 44.Booking or Cite No. 45. [D PRI ED Vic N]WIT ED MSP D RUN D sus Q LEADD Other 46.Name(L,F_ 47.Race I Sex Age 48.DOB 49.M) T Driver License No. L--mity MjkP Dahlstrom, #4113� . . . :50.Address (Zip Code) 51.Home Phone 2.Employed By or Scnool53.Work Phone iaqta iinty Sh,:�riff' s 54,Hair f 55.Eyes 56.Ht 57.Wt 58.AKA/Maiden Name 60.Further Description(Scars.Tattoos.Mannerisms.Clothing.Etc.} 61.Booking or Cite No. 62-Vert/Ves 63,Lit.No.(State) 64.Year 65.Make 66.Model 67.Body Style 1 53.Color Top 0S 0VcI I I Bottom 69.Status 70.Reoislered Owner 71.R.O.Address ❑Leif impound 72.Towed to or Released to 73.Who has keys? Stored 74,Evid. F-I Yes -775 FIP []Yes 76.Dispo of Evidence 77.S Missing 78.S Damaged C}No INo 79. Brief Synopsis of Incident (2) (3) ED (4) r�b7= Lj U (5) (6) (7) 80.Distribution 81.Additional Routing QB QC MDA [D DE [DL no OSR QV Investigation Q Vice []Narcotics njuv 7Coroner 82.Reporting Deputy(Prinv83.Date Tim Written 84.Diso, ED Property Ck. [DACS EDInieft. [DR.0, [3SHC Sergeant R. Weckel (1/147 //C>L-, SS Patrol Captain Compl-Ofc� Marine Patrol 85.ApDtrvl�SUP (Print) _16.S 87,Dater as�paq, Other FORMA (Rev.1/89) 0089 `C Ek 391;_M 66f ez. Calitornla 94��s t Lxsuppiame slat ^?, r 3k ❑HRO MArresy 1.DR No. 2.Gly Code s Cnme/Ctassificat+on A.Detail i 24 5 A S.More 95-10679 Cen JASSAULT WITH A DEADLY WEAPON 2. 9 Persons 6. v/Df to /Tim�p1 O currence - 7. T eDc 8.Employee No. Q ^. 19/95 r V40� 115 19222 9.Rectass .0.Address/Location of Occurrence Acatton 222 Anderson Way, Martinez p 11- Q PRI D VIC K-)WIT E)MSP [D RUN ❑SUS D LEAD Other 12-Name(L.F.M) 13.Race!Sex/Age 14.DOB 15.Driver License No. Sergeant John Ful.wider, x/27164 16.Address (Zip Code) 17.Home Phone ( I 18.Employed By or School 19.Work Phone Contra Costa County Sheriff's Office ( ) 20.Hair 21.Eyes 22-HL 23.Wt 24-AKA/Maiden Name 25.Social Security No, 26.Fullmer Description(Scars,Tattoos.Mannerisms,Clothing,Etc.) 27-Booking or Cite No, 28. PRI VIC X:I WIT 0 MSP Q RUN [D SUS E)LEAD Other 29.Name(L.F,M) 30.Race t Sex/Ape 31.DOB 32.Driver License No. Deputy Cynthia Kay, #43058 33.Address (Zip Code) 34.Home Phone 35. Employed By or School 36.Work Phone Contra Costa County Sheriff's Office ( ) 3Z Hair 38.Eyes 39.Ht 140,WL 141.AKA/Maiden Name 42.Social Security No. 43.Further Description(Scars,Tattoos,Mannerisms,Clothing,Etc.) {44.Booking or Cite No, 45. Q PRI ❑VIC ®WIT D MSP []RUN [)SUS [D LEAD Other 46.Name(L•F.M) 47.Race/Sex /Age 48,DOB 49.Driver License No, #20655 :50.Adcress (Zip Code) 51.Home Phone �-r 2 Employed By or School 53.Work Phone 54:Hair 55.Eyes 56.HL 57 Wt" 58.AKA J MSiuEn tdame - 59.Social Security m?o. 60.Further Description(Scars,Tanoos.Mannerisms,Clothing,Etc-) 61.Booking or Cite No. 62.Veh/Ves 163.Lic.No.(State) 64.Year 65.Make 66.Model 67. Body Style 63.Color Top (`) [�S Vict Bottom 69-Status 70.Registered Owner 71-R.O.Address []Leh M Impound 72.Towed to or Released to -773.Who has keys? (�Stored 74-Evid. n Yes 175.F/P Q Yes 76.Dispo of Evidence 77,S Missing 78.S Damaged No No 79.Brief Synopsis of Incident (1j , 1 (2) (3) (4) (5) (5) m 80-Distribution 81.Additional Routing T QB OC ❑DA FIDE ❑L [30 ❑SR MV M Investigation [3 Vice ❑Narcotics D Juv [)Coroner 82-Reporting Deputy(Print 83.Date/Time Wrinen 84.Dispo. Property Ck p Acs • [)Inters. . p R.O. n SHC. Sergeant . Meckel Patrol Captain [ Compl.Ofc, M Marine Patrol 85.Approving Supv.(Print) 86.Supv.No. 87.Date 88-Page ( 7 Other �•i' c' FORM A (Rev.1/89) T 0090 _. __._.__-.-.____...__.-. _...._....-...e....,,�,...�:.K.-.,_�,.-�Y.e•�.urv:e::a>rr�xu-,rr..,:�sz7•r.;,4,4..�(4^3'35�'ti:.:.,f"".'.:4,"sv..-hC':3�•'�'„S".pS'^..1� ......,.,u ._ wsr_^ Continuation .0.t OX" 1, Mdl[[l (`E� Cic`1ttF>«7rYn'cs^�sw.� -. 1,OR No 2.Oty Code Crime/CiassiUcatlm 4:Detail 1. 94 S Q S.More 95-10679 Cen ASSAULT WITH -A DEADLY WEAPON 2. Persons 6.Day J Date/Time o1 Occurrence 7,Date/Time Report" 8.Employee No. 4/1 95 0.1 4 1 1 222 9.Fatless Address/Location of Occurrence flcaLon 222 Anderson Way, Martinez D 11, Q PRI Q VIC Xl WIT 0 MSP ❑RUN 0 sus 0 LEAD D Other 12.Name(L.F,M) 13.Race J Sex/Age 14,DOB 15.Driver License No, T 16.Address (Zip Code) 17.Home Phone i ) 18.Employed By or School 19.Work Phone t Offirp ( ) 20.Hair 21.Eyes 22.Hi 23.Wt t24.AKA/Maiden Name 25,Socia! Security No, 26. Further Description(Scars,Tattoos,Mannerisms,Clothing,Etc.) 27.Booking or Cite No. 28. Q PRI Q VIC WIT Q MSP 0 RUN ❑SUS 0 LEAD Q Omer 29.Name(L,F,M) O.Race!Sex J Age 31.DOB 32.Driver License No. Lieutenant Tom Ca an #21420 33.Address (Zip Code) 34,Home Phone 35.Employed By or School 36.Work Phone Contra Costa Countv Sheriff's Office ( ) 37.Hair 38.Eyes 39.Ht 40.Wt 41.AKA/Maiden Name 42.Social Security No. a3.Further Description(Scars,Tattoos,Mannerisms,Clothing,Etc.) 44.Booking or Cite No. 45. Q PRI D VIC Wit 0 MSP RUN 0 SUS ❑LEAD D Other 46.Name(L,F.M) T47.Race t Sex J Age 48.DOB 49,Driver License No. Deputy Randy Beardsley, #41161 a0.Address (Zip Code) 51.Home Phone ' Employed By or School (53.Work Phone Contra Costa.,_County, heriff's Office ( ) 54.Hair 55.Eyes 56.Hi. 57-Wt. 158.AKA/Maiden Name 59.Soaal,5ecur!ry No 60.Further Description(Scars,Tanoos.Mannerisms,Clothing,Etc.) 61. Booking or Cite No, 62-Veh/Ves 63.Lic.No.(State) 64.Year 65.Make 66.Model 67.Body Style 63.Color lop (�S ❑Vict Bottom 69.Status 70.Registered Owner 71.R,O,Address ❑Leh 0 Impound 72.Towed to or Released to 73,Who has keys? Stored 74.Evill 0 Yes 75. F/P 0 Yes 76.Dispo of Evidence 77.S Missing 78,S Damaoed ONO ONo 79.Brie!Synopsis of incident (2) (3) (4) (5) (6) (7) ^` 80,Distribution 81,Additional Routing ❑B ❑C ODA DDE OL DO OSR OV n Investigation 0 Vice 0 Narcotics D Jvv D Coroner 82.Reoning Depu (Print) 83.Date J Time Written B4.Dispo. D Property Ck. O Acs D Intell. [DR-O. Q SHC �ergeani R. Weckel O Patrol Captain Compl.Olc. ❑Marine Patrol M.Approving Supv.(Print) 86.Supv.No. 87.Date 88,Page n Other Z c FORM A (Rev,1/89) 0091. ^,�t��fyLfZ•!Ory CiOR!Iva-e*.��i ��'i�Lf!'�1 T`�tSGKl!•'r.ta-.rwr....... -- _ M ?. Box ni,Marbr4L Camomia 9ASS3 L?""" SMO C F t cat w L Crr Cc+ws 1 Gn,s�Ca ss�caMMn c.D'u'a� MA Can ED HORNB�GER, Brigitte 1,CZ7i f 9 - 1922222x« t rrec�.�a i+c� •noare,v,w ,c1 S,^;oes home 4L. 2 2 Anderson Ylav, Martinez HQR1vB '' ti.hr+�'tJ Gwat�z 1�Yic+l+GMt:, 1d f0�.++C.LCl.SL'KMn•"M)4m.-W,Afucit.CK41 T,lk"/Mauli.tsn K&CtXW't LtoCi(NumbK.SWW N-tW.UttslSs"01A DMctrVT-M LDCs tan rt'ws 7ajan Wok t%*o*Tow Low-LstT!t FOLIANltNG OKXk Aa C-6-V )x►iotas.X: �*hY Oi C6001JfV_Fury:01 VW%44c n OM:* EQ64P WIL F)A&&Q.TVs,W_. Q?F'kVa"M tQ M*-*ioia aooas 0►iu c l u xboowW_"MOP"i Si?"rMovs sitt lw t 4/20/95 , 1 a.m. , I was phoned at home by Sergeant Knutson. Sergeant Knutson told me that an officer-involved shooting had occurred in the Martinez area. Sergeant Knutson requested I respond to the Sheriff' s Office Field Operations Building to assist in the investigation. 2 : 09 a.m. , I arrived at the Field Operations Building. I met with other Sheriff ' s Investigators and District Attorney ' s Investigators. We were briefed on what had occurred. We later went to 222 Anderson Way to view the scene prior to starting our interviews . I was assigned to work with District Attorney ' s Investigator Robert Caskey. 4/20/95 , at 4 : 17 a.m. , Inspector Caskey and I interviewed Deputy Jess Deanda . The interview was tape recorded and is being paraphrased for report purposes . The tape will be turned into evidence. Jess has been employed by the Contra Costa County Sheriff' s Office for eleven years. He is currently assigned to the Court Services Division. Jess is also a member of the SWAT Team. Jess is currently on vacation. At about 2130 hours, he was paged at home. He called Sheriff ' s Dispatch and was told that there was a barricaded subject on Anderson Way off ''Arthur Road. Jess reported to that location for further assignment. When Jess arrived, some. of the designated marksmen had already set up. Jess was paired up with Deputy' Forsyth. They waited at the Command Post for further assignment. Sergeant Woolard assigned Jess, Deputy Forsyth, and Sergeant Chertkow to the rear of the residence to assist as a react team in case the S exited the rear of the residence. Jess remained at the rear of the residence for the entire time. He was unable to see anything that was going on from his location. Jess could hear muffled voices every once in awhile. Jess said they were at the rear side of the house � .t�em.a,an 'u.AaM.Yar+AtM�,Ar,p Ds Cao L)w C)DE LDL C}c ID$A C1V D+4a"+r OL D Acs 0~1p ko. p P< x Asow K+i o.o*,r sr.Do" DPW QwmiA D r,wtoc ok. D ..h ra+ Sergeant R. Weckel sr+M No ri.o.+• rx 1J --- - - __ 0092 - T�CorwUnson co Box 3StI,idarfir42,Gtifcxrlla "5543-0-! nrPC D r 1.on r+.. _ i car case 1•C rcassi•crr.n t.o...:+ >A t 0%oclab..- _ T win 2: �r ..:''H'O&AGkR, Brigitte- r. 4�995 19��22� -� ti A-ims t L— •ncc ..W ft -4f.*P*Cfs NwM C..f.W 222 And2rson Way. Martinez HORNB r It.flop"Dow*"r f+�+a+h4tG.Raco+�r�d fcx,nC,Cori Styirr�.Iw+r+bium!}tr,fir.Qusnitr.�tfildli<i,kJrl.4nN(LCAXK`f►toC�Nti+'++t�.Swist Nvr�r,V�iir+�oc�Disu'px�n Locston N?wt Tatart 1" vL tckjC a ToW Lour•LST N KX�NG 04%? k N G.A'WV y.Nouk i7.Jif+ Zjf C�Doe-j%.Furs;C)ws+uLkw t D%c* ftvo sm F)U*.a.TVi 0-. a) aoodt t wim- 12.RacowwI[frc ery i 11 N.VWV4 l ittyr�w�Mt behind the fence. They were to the right and were about at the 9 : 00 position. Jess and the others remained at that position until they were released. When they came around the front of the house, the S was being loaded into .the ambulance . Jess said he did not see the S ' s weapon. There was another two-man team also at the rear of the residence. Jess said while he was at the rear of the residence, he heard one gunshot. This was near the end of the incident. This was the only shot he heard. The interview was completed at 4 : 25 a .m. 4 : 30 a.m. , Inspector Caskey and I interviewed Sergeant Matt Chertkow. The interview was tape recorded and is being paraphrased for report_-purposes.._ . The tape w; 1 � ' ___ urned be t into evidence. Matt has been employed by the Contra Costa County Sheriff' s Office for ten and a half years. He is currently assigned to the Main Detention Facility working the graveyard shift. His hours are 2200 to 0800 hours . Matt was at work when he was paged. He called Sheriff ' s Dispatch and was told the location. Matt is a designated marksman and responds 'directly to the scene. Upon arrival at the scene, he was the first SWAT Team Member there. He parked on Anderson Way and Arthur Road. Sergeant Fulwider contacted him there. Deputy Mahoney also arrived. Sergeant Fulwider said that they had come to 222 Andereon to do a welfare check, and the subject wouldn 't come to the door. He had a five-year-old child with him. Sergeant Fulwider told him that he went to the door and knocked on it. He then talked to the subject through a crack in the door. Sergeant Fulwider told the subject that he was there to do a welfare check on the child, but the subject wouldn 't let him in. Sergeant Fulwider then tried to force his way in, but the subject Closed the door on his hand. Sergeant Fulwider gave them a !' i' is Ouc"Mon hK" DI Dz DCK DDE DL C}0 DS DY D f*.afp.sa, o vtio. D KW"*u D ., p Csrww D r."mr tx. D A 0~1. Q PLO. 0 86c x Dw-*y Pr­Q 1r.Dwo r Two ws,.r+ 114D�cam+ Q c o+t. p wr,,,, Ser eant R. WeckelJPO s.0w No. n.o.: nn4� .-.--._____`._____....-... -.a...w......., n.axw.rwatarzr,TfTnWw'f•�'XJAliZ'{';-:�v's::'�is*-i+�4M±��t'."� -� �v ���y_ �s,+r•roa+*+sr+n� r'"=a, BC�c 3ST1.Mit�r�az, Gauic7cru� s,.... -..•,....:�: .____ . - - t At w. 2 car Gar. 1 4rrer�CMcrrea.w+ •.o..w i >R 9 i :. 2-216. L V%M.R . , T_C�7 on&9ftr E"2" -- HOBrigitte 197 1922 .,•Xwa i tx. •notarrerx" to 3..o.cta►�.++++A.-F.W 2 Martinez HORNS tnZax r4ed,Rrc&ow-vcL Fvww4 to.,Vt:A-.W-KOM%b.r,Arw.ie.Ou►nRr. LAO"M mbW.Swid ti XT6W,Errs 14Twl Tatan www rc"Joe TVrW UX4-UST N FDUJ># NG CRDER A,)C+s.er+cr,NO s.to}e.rt*7'G 06"^4•Fv'L D1 G'er�C G ..-.- ..,.,, ..a.w._ a)f r. _w M+OU-how GOOD-R.wsc. ti.Aaco.rns trio" YS wase.. X;AkNIW __ brief description of the subject. They were told he was a balding white male, about 5111" . CHP had also responded to the scene and asked Matt if they wanted the road closed down. Matt told them that they did. The CHP Sergeant later contacted Matt and told him that they had five cars and had closed the roadway down. Matt reported to Sergeant Woolard, who had arrived on the scene. Sergeant Woolard sent him to the residence next to 222, Anderson to talk to the wife and get a sketch of 222 Anderson. Matt was also to find out if there was any custody orders in existence. Matt said he spent about fifteen minutes going over the layout of the house with the wife. This included the location of windows and doors and the way the doors opened. He also asked the` locati.on of f i_ni•ture .inside-vthe house. - In talking to Brigitte, the wife, Matt learned that the S 'had 'threa'tehed` her' Grith a shotgun on Tuesday night. He had unloaded and loaded the gun several times. He had pointed the gun at her and threatened her. He had also threatened her Wednesday night, while they were at the hospital, but not with the weapon. Brigitte told him that the S was paranoid and acting crazy. The S was saying that the five-year-old daughter was being .molested. Brigitte said there was a rifle in the house. She told Matt that on Tuesday night, he had been loading the rifle. Matt- had her describe the ammunition and, from. the description, Matt determined that she was talking about a shotgun. She had described the bullets as big, red bullets. She thought there might be other weapons in the house, but she wasn 't sure. She also said that he normally kept the shotgun in the back in the office up on a shelf. Brigitte told Matt that while they were at the hospital; the S told her that she better move out of the house -or he was going to do something to her. She was kind of vague, but the way she said it, it sounded like a threat, but he didn ' t u_ta.ruw+.on u Ara+.or,r+�p T DC Da �� p` 0 DM gY *O"Saw, D"M b wf«lics p,r,,,, [30". O P"O"IY C& D ACi D~l D Ro. [)SMC x F V D"�Ar Plf-V t r.Dame ,Two V**r, u typo Sergeant R. Weckel •D or,er is Aftm wq$us,c P4w q t9 s.+rY wo 2t.O.e. z2 *-Q- -- 0094 :.�rna�t•ihS.r11^,V�FY�+LldwT!Tii.`'.�+''.'-�,f r..'k•,++..�•�y'�(4ki: Gprtinuaso�+ CO K i FL/l .�.,, ,•,.•_... . _.._---- ;' ' "N Box 3Q1,Marbr4z,Wi0mia 44W-a'`v j�HMO L t�IM► L Qry Gcw 1 Grc+y/Cisr�awn •-�"~'''t. �� !.Rrtyra• Cen _ - kt 10 14 1.EJr M Ns I HORNBERGhR' , Brigitte 74719/9:) 222 Anderson Pay---Martinez HORNB bvowrdK`.Rrca•Ytd.Found.LOW,St54e1.hem hombw.MSsGe.0%Amlt7.brand/i.tsksJ4UnutactXK't llod ti+re++Csr.SKiai N xr+b�c,Vis Dwvyocxti LQeanon MT.n T&L*r.Wm,0%:* Sa ToW U-m-LST IN FOtLCPMNG Oft.mk N C.O w4 r.NOU&zJ-w-s Y Q Csvin+r+¢Furs'i?J Wt. t Q OAcs E4uk�T++Yt F)Raba.T1^a.so-c. tti Firv.nra�4 t�cws.r+,ore Oa:os;q t++at u.R,rts+.KK FtVWV t ti Narra1.%1 A+rnww say, you better move or I 'm going to kill you. It was more like you better move out or something ' s going to happen to you. Deputy Mike Costa then came in. Matt introduced Costa to Brigitte. Matt knew that Costa would be gathering intelligence information from her, so he left. Matt returned and gave the information he had gathered to Sergeant Woolard. Sergeant Woolard asked him to take the sketch to Sergeant Newman and have him formulate an entry plan. Sergeant Gilbert then sent Matt with Deputies Forsyth and Deanda. They were sent to the 12 : 00 position at. the rear of "the, house and were to set up an inner perimeter there. They would` 'then take over- the -responsi,bi.lity :ofan arrest-,team, should the subject come out that way. Matt explained that using the clock, if you were. standing looking at the house, the front of the house would be the 6 : 00 position. 12 : 00 would be at the rear. When they arrived at the rear of the house, they found Deputy Mahoney was already at the 12 : 00 position. Sergeant Woolard then directed them to try to get in close to the house to act as the arrest team, if the subject came out. Matt looked over the fence and found there was no cover. They then travelled down tive fence and ended up at the rear . of the house, directly to the left of 222 as you : face it. They stayed at this position until the incident was over. Matt said he could not understand what was being said out front, other than what he could hear over the radio. Matt heard one shot that was shortly before the incident was over. When he was relieved, Matt went to the frorrt of the house. The LS was lying on the porch and was being treated by fire and ambulance personnel at that time. k a .awnux,.o., st A�ra•onr+Ra+.rurtip Ds Dc Qsx Doe pL D0 DM Dv D t+•.anpraa, O VII* D Narp*-s DAN D OWWW .O P WV b o. DAM D~1 DRO. []&04C Oc Rrap-""OuwAr M"no ST.Don 1 T«m Woo OP- oww'm D oW*a.o+r. D hAo- PIW Sergeant R. Weckel - _ 2 0095 53. BOX 3z.1, ar tt,tZ,caulvru CAW a"� L-1 HMO �sc L}At _ - L �+r Z Ory case l Grim*I C1s'+Ww"^ ♦.:92:22 t Nt�aw+- -T t arM Ma D.1wm�a r.�g "C7+719/9 T 1 �HORNBERGER, Brigitte , ,n j,Mp.rst Hw"*a..F.w 2 v rtinez HORNB p4caw* Fmo- .LOW,Sri*+-60-N4-b-.Ae%cjt.ouanoty. CurrrKX NMOL L1 Q �^aFVM Y ++c� t�ORc t 64 � •c.T1rL sc tris F Ta►r�'► ur ►+Ctv Tau)Loft.UVT N f(}L11�+WV- 09.X N ,i.K.csNs w Roo«b ,I wm�..I siatnr*+e+u The interview was completed at 4 : 50 a.m. 4/20/95, at 5 : 05 a.m. , Inspector Caskey and I interviewed Deputy Mike Dahlstrom. The interview was tape recorded and is being paraphrased for report purposes . The tape will be turned into evidence. Mike is employed by the Contra Costa County Sheriff ' s Office . Mike has been so employed for ten years. His current assignment is with the San Ramon Police Department, I and he is assigned to the Central County Narcotics j Enforcement Team. Mike is also a member of the Sheriff ' s SWAT Team. Mike was paged at home, and he called Deputy Mahoney and told him that he would be responding after he r` arranged for child care. Mike learned the location of the _incident from „Deputy Mahoney. Mike is the team leader for the 'designared marksmen: i Upon his arrival., Mike changed into his SWAT clothing. Sergeant Woolard arrived and was being briefed. . Sergeant Woolard then sent Deputies Mahoney and Ryan to the 12 : 00 side. Deputy Daniels and Mike were assigned to' the 6 : 00 side:. Mike and Daniels were behind a pickup truck that was just to the right of the front door, as you are facing the building. They were slightly off from the 6 : 00 position and at about sixty yards out. They were across the street from 222 Anderson. From his field of view, Mike could see everything on the 6 : 00 side. This included the bathroom window, the living room' wi:pdow, the front porch,, and two other windows that had shutters on them. Mike got into that position and remained there the entire time. On several occasions, Mike could see the S moving inside the house. At least three times, the S came outside and went back in. One time, the S brushed up against a sheet that was hanging over a window and knocked it down . The S looked out the window. Twice, he tried to put the sheet back up, Di Dc Da► DoC DL Do Dsn OV o*—"aftw, D v+o. D►+.Kw%cl D j- D a cM T....v ris,� D 04 W0'y CX D Atx 0~1 1 Q RO. D s++c x �a*o�r t►*w+� ,7.tae.i 0 D D *'*** ' Sergeant R. Weckel 20 W Z2 0096 M COHTPV:- ;iST,I COUhlY SHERIFF'S L7GrAa+►.+m�F�.� .0. Box =,Martr oz, C,al 10MIt "553 �? D wo L tyt►,ir t cry GaM 5 A 4 _ D T�Cen . IL F,+��� 10919 19222 p HORNBER61R, Brigitte �.Ad�*ra�Lees ' t eo.�,,.ac,.ctt w�»6-.►.W 222 Anderson Way. Martinez HORlvB u.ha�«•1Y Orra+raaR � lh;ov w6*<.l1ao0. fmr4 Lar~,tm4n•%&,%Nombr.Amtscit.G ansty.praa,a��iaktYWr,Jtatexr't btodrt Fkx++Cos. Q om*� ► T1+a.S,, Ta v&wi ken%Www hcC j t Told wt Low•LST N FOLLC #G OADEk N Curran,Natal•t).�+.t�r"f.Ci 0oeI-; Q)F'irrrrtlt,K KMAO 464 0*006 4►Art 12.F.rev,rrsl Ftfp"t ti wrratw Y VAW"rrts Y but was unable to. There was a lot of movement inside the house. The S moved around the house, looking out different windows . On a couple of occasions, the S had the shotgun and on a couple, he didn 't. When he came outside, he had the shotgun with him a couple of times and a couple times , he didn 't. There was a child in the house with the S . On one occasion, the S carried the child and the shotgun out onto the porch. He had his finger on the trigger. Mike was watching him for a head shot because of the way he was holding the child . The S went to the front of the porch near the railing, turned and laid the shotgun down on top of the railing. He was exchanging conversation with Deputy Chris Thorsen. From there, the S picked the shotgun up by 3r, the butt, but he did not have his finger on the trigger this �:_.... time. The S turned around and walked back inside and closed the :..door �-` In oe,k .nc� through the.. scope., .the � appeared agitated. Over the radio, Mike _was told `th'at';th'e . negotiators had the S on the phone again. Mike heard on the radio that the S was not on the phone anymore. Pretty soon, the door opened and the S came out, with no ' shotgun or anything and just stood there. The S looked around, went back in the house and closed the door. The S came out again, with nothing in his hands and got into a' conversation with Deputy Costa . The S didn 't stay on the porch very long and turned and went back inside. Mike then heard the negotiators had the S back on the phone. They then had the little girl on the phone. They were trying to get the little girl to come outside . The S- then got back on the line. Pretty soon, the front door opened, and the little girl came out, with the S behind her. The S was still in the doorway and had the shotgun in his hand. He was holding the shotgun down by the butt, with the trigger toward him, and his hand over the top of the gun. The S was talking to the little girl . The little girl was standing about six feet in front of him. The girl seemed to be caught in a conversation between the Sand Deputy Costa. Mike could hear on the radio that they were saying to remember to tell •:., .orneM,ron ti�ara1��p D• n� nDk a DL Do D$A nV D V o► D hwwocs j�,,,t j]Gr,rn., n hV0"*r Csr D A,CS D**Wl. O Ro. D SmC W Atoo"D",*Y tv-r t7.Dom t Torr qti awl D► - D r- 004— .D 0 w c art.. Elmo ft** Sergeant R.` Weckel D A+«ro r s.est.R**+o to $ow.No 11.Dow 22 r . nnorf _._.-..-----------__�..,,..�.�.n.......,.a.=+.�.w>�...•v,rr-l..rrr.:,,--,;,:.sans,•_:_.R�c,:�.T�kC4�l,v� . „jccrmr,r.o.■. ---— �t.� �i '"�:Bax 341.I+�arhns.Z Ga►ila�rua v....... _ ., ..., _ --- A.OwW, 5A ♦ �+:rr► IL V%M A”- J s,ro - _ T. 0�+4 ♦ Ei++a�.ra.w. p HORNERGER, Brigitte ,z7l9/-95 19222 j 2 v rtin2Z HO NBaGFR. A thony tt.►,oi,•rtT Owu�z !*�+nC4w:.Mro�s4.1 ar•d,Lost Sra�+•irn KumL+tc,Arndt.Ovartltj,aran41♦t;1e.s�Wwfs.CC�K'i lacd+c NyrmCo .S.Ktat N.xr�;,�r.�btxx D�suT.'t+ort L.1+atron ' Vts"Uxs�Wvk 04r Taw LO"•UiT IN POLLOWefw,09.>E1t N CITIncl,Nota;Iq 3a.Vi+yc A 06on+"4.FwM a}VV-C$ c Q O+sa 14u1 wu R+rso,Tvs «c; 12.R�co+re�fi htt�+rlr i 23.liarrsa.s�iurrtiw+rt r them it ' s Mike. Mike is the name that you want to 1 j them. He could also hear Deputy Costa yelling, "Je! this is Mike, remember, you ' re supposed to talk to 2 The girl then turned around and headed back towards The S then stepped back into the doorway and set th+ down. The girl talked to the .S for a couple of sec+ then turned around and walked further out on the po.- S reached in and picked up the gun again. This tim picked up the gun by the butt, holding it so the tr towards him. His hand was .toward the top of the st S was talking to the girl, as she was going down th_ The S was walking out, and the girl was talking to Deputy Costa. The girl then went back up the stairs past the S and went over to the corner back towards the picture window. The S came to - the front of the porch. There was a handrailin co ' g n his, right-hand. side and ,a Light .thatwas kind of bright. The S turned and leaned over arid` set the' gun down and started ,to stand back up. The barrel was turned . down, the trigger was towards the S, and the stock was sticking up in the air. Mike said that he then heard a report of a gun. Mike said he had watched the S going back and forth. He had had his finger on the trigger, not being sure, what the S was going to do. When he heard the shot, i Mike said he was consciously thinking, "I didn 't shoot. " _ `Immediately,. they 'got a call from Sergeant Woolard asking if they had issued a Delta Order. They told Sergeant Woolard it wasn 't them, and they didn 't know what had happened. Mike said he then heard someone say that they had hit the S with a non-lethal beanbag round. Mike said as . soon as the S set the shotgun down and stood up, they heard the shot. The S then fell backwards and went down. As the S was approached by the SWAT personnel, Mike overheard someone. say that the S had a self-inflicted wound. Deputy Costa took the little girl and was taking her off the porch. * Mike said he was trying to remember in his mind, as he watched through his scope, if he saw the S 's gun -slip and fall to cause a D0 DC E)Ort C)OE j-i []0 C)IA DV [3~1. rD RA. p SHC u.A1.00�'"D"%*Y P***0 It.Dw. I TPm VWAWt u Dona 011M �:, D�of. Sergeant R. Weckel W AVWW" oft In.COU 0098 i CONTRA-­-`-,STA COUNTY LKERIFPS DEPA,RTMLN iw.w.... & i .?. BOX =.M:r r44 GaAtartstt 4•tSS3-c^`moi z c:r n t.oK N... - ro4+ a c +,.,c..w�wr+ - ..o. ,. >A i. �... 95 10679 Cen 1W. 216 •*.....0 IL F. T.c �9/9 192£22"N HORNBERGIM, Brigitte !.A40—!L.W. "rt"""M XS fcwpaQi li."C..F.K 22 5Martinez HORNB ti hop.rtr ' 1rty�w�•SrC.RaGortr'1Q Foui+C LW.She+•R.nti lirmatt,MfcJt.Ovsnlh.!ltir+0/W1u/Wncr(stt+x�r't btab.i div "+�.5+�`�t ti.+K+trrr.1�1�rixn�xs Cwc+'obcn totssa� Mlwt Tstarn Y*JWk hdqrs.Tota Lon.•LST N FUL.LSNRNG 0KZ L N C,-WcX Fbtn.k Jv'w*'Yr 060"4•F%P-z Dg ti`O*mac L)CXR LOVOMOM F)Raba.T VL I-- Ql fi�-.rrirt.FQ hioti,.aNc+►6 Gcx,ac:q LMst R.c�.W"F*s+o+rY i ti Barrs:..r& "01 discharge. He couldn ' t remember seeing anything like that. Mike only heard one shot. Mike said he watched the S set his weapon down through his scope. After the S was shot, Mike came off his weapon and started looking. Mike watched the S go down, and he never got back up to get his weapon, so Mike could only assume that it was still there. I ` j After they moved up, Mike saw the S' s weapon laying outside of the porch on the ground. He did not know who h it. Somebody had ejected several of the rounds on ground. The breach was open on the gun. - .?pike first got on the scene, Sergeant Fulwi de Scene Commander. ,: -Se was the Tani ca Commander. Lieutenant Coggan later arrived and wo taken over as Scene Commander. Mike said he was n a Delta Order. He did not hear any traffic regard non-lethal weapons. . His observations of- the S wer the use of a twelve-power scope on his rifle. When asked Mike said that he felt that the girl V danger when the S came out carrying her and the s1- The S was agitated, had his finger on the trigger, girl ' s head was resting on his hand where the trio Mike was concerned for the girl ' s safety because c actions and the fact that he had a shotgun. Mike to hear the S ' s conversations, but could tell from his gestures that he was very angry. He could tell that the S was being uncooperative . He didn ' t like what he was hearing . from whomever he was talking to on the outside. Mike could tell this by the way the S would go back in the house, close the door, and get back on the phone . From his position, when the girl started down the stairs, it looked like she was going to go over to Deputy Costa . Mike didn 't know if Ds DC MDA pDE pL pa (DM ED D��•�• Dy'.. p kar.46-A p.w., p c...,.. 0 0b*++gb'cr. DA= C}+.OW1. DRG. ❑So c is DOWAr P_1Q 17.DN" IT Woo%V xW u � D+'++"s+c�vfri p a.x+w oo . p w++•+.P.. Ser eant R. Weckel O.wr A#W ,"S Apr,PWIQ sn &Wow tNo V.o.• ----- CONTRA,---.STA COUNTY SHEAIFPi DEPARTMEt+i._ aw�w•... _ -- - ?. Box 391,Martr4z,CautxnIs S.tS53-Df'' H PC L as r+.. L Car CNN, 1 crn,./c�ers�o..r.n 95-10679 — , . MG , Brigitte z 47 9/95 192E2222 �-H'00 D 222 Anderzon Way. Martinez HORNS FP. AnHhn 3, 1:.rtot+�tT o.+cr'sq*K ' ROC4%W d Foca+Q toa:8VA"-bam haftbW,Aewit,cubr%ky lkar+C/Wkt/i.4ntrlaStxtr'i 1.tob+t r�r+nt»�.'S ltt ti enh.r.titrxs+ttr,Krx D+su,potrn Lata son Mrr t T&s�%Wwc Pckoe Sats)Law•LWT M FOU.J>MM4 ORDER A4 C,.VTW )L Matas t?ir**rr,G c+ar N-FVM Qi vtn�csac Q Cftc*Eat F)A&6.0 rft C1 Fr,.,�,t;fC hbca..ni.�+a ooaat:4� i the S said something to her or if something was said from Costa to her, but she went back up. Mike said he had problems hearing, due to the generator on the Command Post and two dogs that were located behind him that were continuously barking. The interview was completed at 5 : 35 a.m. J L76 DC DDA D� DL DQ D O-W4 UWN D v+o. Elk&=*" p.w. j)CWWW ~I. [)PLO. p x�e.o IMC wwq DW-^t� �11. ,Two Wfty� � IX -L]np,d aos+:•+ p .o+r. D�t..,r,.F,r,, Sergeant R. We ckel P- P-"Q to �++o rt. 0100 ?. Box 541,i. "ret Catton is "5'.3.Cts-, MvKD L car CO" i C VT0I c comer; aA s.twc,....• L a^Nm. _ 9 Y " :. 2 J6 L vtir t� r F.�� 7. W-W�^ t.ER+d ►rrm"�' HORAtTMG. Brz gi t to �+�19 9> 19222 1 ..0vft t LAKw "' +Tar+a* 10 i.+�0+rr►tuber+p.F.W 222 Anderson Way. MartinezHORNBERGFR. Anthnny Tnuis ii.PtopKtr Arw�'K *rownftd.ttacawsct Fox-4 LoOL 3%.-A +.Nam N 4m Ser,AeUclt. WOO*( t+l ,*W,wboe c Dr*rrpnort Lacssa+ vnw*Tak rn Wv*.room Taut Lr+m.LXT IM Fout7w'l 4 a+L?ER N C.A ),NeUC R J*•*y.p tui nt_ al Mavibwvre GOOM 0 w.c u.tlres+..ra nao�Y t tae wt.ai«.!slawe►,r+w 4/20/95, at 6 : 25 a.m. , Inspector Caskey and I interviewed Sergeant John Fulwider. The interview was tape recorded and is being paraphrased for report purposes. The tape will be turned into evidence. John has been employed by the Contra Costa County Sheriff ' s Office for over twenty years . He is currently assigned to the Patrol Division y orking as the Valley Station Swing Shift Patrol Sergeant. His hours are 2 : 30 p. m. until 10: 30 p.m. , with Friday and Saturday off. His call sign was 1W24 . John was driving Unit n2216, which is a fully marked Patrol car with cage and overhead light bar. John said he was told by Dispatch that 1Y22 , Deputy Ortiz , ' was on—scene at 222 Anderson. Ortiz was asking for John to respond: and. a,lso °,for other -a.ss stance. This was concerning the welfare check of a small child that had gone haywire.:;.. John wasn' t told what had occurred, only that his presence was being requested. When John arrived at 222 Anderson, he was met by Deputy Ortiz , who explained that when he had attempted to contact the father of the child and determine the welfare of the child, he was met with resistance at the door. The S , who was the father, was not being cooperative in allowing him to check the welfare of the child. The S appeared to be heavily under the influence of some type of drug, where the care and safety of the child could be jeopardized. The S also appeared to be extremely paranoid about something. The S ' s wife had said that he had a shotgun in the house. There had been a problem with him arming himself with 'the shotgun. Concord P. D. had also mentioned that the S was armed with a shotgun. Rather than risk the child or his own safety, Ortiz wanted the Sergeant and additional officers present, in case something were to happen. r 05 D pas paf EDL Cla OIA Dy u «� D r-0-P&S.,, D wa. D t WWg6e, j).rr, j)cwww D lb+.a«+r a. [DACS p Vowti. se+C x t+rou+o+! !R*rio 17.a.. !Tw.m v...m•+ >a �► Cps- p C.,VL C*— u.rw P%*VI Ser eant R. Weckel iQ a.0...kc r.o.■ ro"•2 #%&v. no) 0101 �C nussa+ C0NTR.;-=,..STA COUNTY tHEMMS DEP.lRT1rtEK A00700oo now 3?s�c�+«+�+ i _ C.Box 39I.f�tartirsaz,Gatiiorntt [Iwo n,4,ax A.tx M& L car,Cc" a Gnrr/Cb8U%raswn 4.ow.r i24. 5,A 2. r H0RNi�tMM, Brigitte r. 4119/95 192Ln22w� t A4*rpm t Lac.. s,asa.dt NMM*0...F.K 222 Andersonv Martin2z HORNB G tt.hopsrtr pwar5/Mrt ` tn�ftr ssd.PACa,VK F06-4 Lo-.Stern.bam Kuftw.MICJs.Gu+n1RT.(iral+d tGtai!{lLtst>VRstti,rK't"ode,N.ref+Owrc.S+�i�i?Jurr?a,u Dwc Ltcawoe+ %tw•Uksn Wtl rckoo Toast Loris•LXV H FOL.LOVANG CSR A7 CUMWNCX trwsa 1q *w Orr.G�^4 FDI vvucfiw 1�Cfte Eavt- ,v.r)A.6".Tv&sic_ Q)Fk*&mm W Hou& ScOd Goxx.q Mer- rnahrr i tl N&,Tat.+t!iaarrr+rrse John responded to the front door of the location with Deputy Ortiz . . John sent Deputy Campisi to take. a position to the rear of the location. John knocked on the door and called { out for the S to come and talk to him, telling him that he was Sergeant Fulwider of the Sheriff ' s Department and wished to talk to him concerning his child. The S came to the door and opened it about two inches . There was a chain on the door. The S looked out through the crack in the door and was talking to John. John positioned himself so he could better see 'the S and talk to him. John asked how the child was and told the S that the reason that they were there was to check on the welfare of the child. John told the S that was the only reason they were there. The S said the child x was fine. The S called the girl , and she came to the door.. John was _only.•:able to see the girl through a small crack. John could not see the `S ' s ` body. He was st`anAin.g in_a . bladed stance to the door. John could only see his face and his right hand. John felt the S probably had a weapon. John asked the girl if she was okay, and she didn 't say anything. She looked at John and nodded*,her head and said she was okay. John said he asked the S if there was plenty of food in the house and. could he come in and check the refrigerator. The S refused. John told the S he was only concerned for the child and again asked if he could come in and check. -The S again refused and said John couldn ' t come in. John asked, "Why?" . The S said, "It will be all over tomorrow. You ' ll read about it in the papers tomorrow. ,, John asked, "What are you talking about?" . The.'S.. said,, "You ' ll read about it in the papers tomorrow. It will be in the newspapers. Everybody will read about what happened here tomorrow. " At that ,point, John made a decision that he had to get into the house and take custody of the child and see what was wrong with the S . The S wasn ' t in his right mind, and John could tell by his eyes that he was definitely under the influence of something., - John felt that the S was suicidal and was either going to hurt the child and kill himself or something like that. John felt that this was the Dow A*.~ u Asrrorsr+w.," IDS tiC C)DE nL po 0SA OV n&-�ftA nom. nN�WC046:3 Dj" nOwww . B^ *1 Cx D�s p«.w,. []p c. p SMC ss. �M-4 IT.0" /love D QW-;h D�a.o+ C.. pMa ft.n+ Ser cant R. Weckel Do.». W�*�r U*,.F4WIQ m &%POW No. 1 COldTRd``'"SrA COUNTY CHEFUFFg DEPAATM�N --;�bGT0040 WSW -- . .J. Bax 345..M"r ez. CaUtornla 1;4553-00.;, ,,' wo L Cty Caw I G,e*»rcl g,-. rr, - t.t+.ur+s. -7A - !.+bcf.r- ' V00Pj AG M, Brigitte °747 919'x 19222 D f.Morws LK.. r.""r'W'M 70.soapo s M&-M G-F.Aq 2 Anderson Way- -Martinez HORNSAnthony �.rrc�i.�s,o..a�r•� 1rt r* `.i�aco»+rsd Fax+c Lo+k Sv+« .b.:+N.,m� .MsGt,ch..n.er.6v,e/ldakaii iar,tR�eOXK'[Moo*NV%b-,S$e-W N6WMb-.Ms ,s D..rrvt m.Lou►on *-ton T&Lw,.Wua,ho,.**ToW LaK•LWT fX FOLLOW P#G 0-R K A)C.VW4),Not&,9i Jww*rr.C) r4-Furs;D) Cx� bawo aetL F)U&a.rys_W_ Qi Fl-�snrs.:FQ r1o.w+t�4 G�ecek:4 j 1 ' S ' s way of saying that he was going to do something that was so sensational that it would be in the papers. There were no actual threats made, only the innuendos. As the S was .saying that it would be in the papers , he kept looking back =' and forth between his daughter and John. I John said as he made his decision to enter the house, he was looking at the S . The S tried to close the door, and John . stuck his right hand in the door. The S closed the door on John ' s hand. John threw his body into the door to try to force it open. John couldn 't get the door open. The s was low on the door and managed to get the door shut. John then looked at Deputy Ortiz, and they both scurried off the porch. John felt that because of the way the S was standing,, bladed to the door and holding his left side of his body but of view that he prob''bI '::had"..the shotgun Ghat::, . his wife had said he had. - Once they had backed off the porch, John continued to call to the S to come to the window and talk to him. John was unable to get any response from the S . Deputy Campisi was able .to get himself in the back of the house and had an unobstructed view into the home through a window. Campisi .told John that the S was armed with the shotgun and was making rapid movements within the house with the shotgun. John decided he needed further assistance at the location. He had previously briefed Lt. Coggan prior to arriving. at the location. John notified Dispatch to call Lt. Coggan and tell him it :was going to be a SWAT call-out. Prior to arriving at the location, John had called Lt. Coggan and notified him that he was responding to a location where there might be problems. He told Lt. Coggan that he' had a subject armed with a shotgun with a small child in the house. John told Lt. Coggan that_,he didn 't know what problems he might encounter, but he just wanted to give him "`� .o.aryKrKj., ti Lsiwo+r+Mwr,p Dv Dc �}a Qof L]L po DM Qv kW=*-. p Q D ft*W"Py Ci.. Q Acx [D wvwt D ItC. Q SHC Xft rllrr �17.Dvft r Tow.VW40 u a. C)P- Owa- Q c r.ot 0*_ R. Weckel 222 0�" tf 1V r.iPr++4 lee > ►+o rs.Do in n,n-z GONTRI-�-..'STA COUNTY tHEPlFF'i DEPARimr.- �,r,•, ID � t?. Baz 351,titartinsz,Gatocrtta gtss3-r : per, i AR lIr _ L C+ry CoM i Crie+»/Cawcwr«+ t.Or+s�S >- i Poch",- 5-10679 och",— _ FL W 2. ucis«• . Y6jj0' E� G�R, Brigitte ? �4799� 199222�. f 222 Anderson Way. Martinez HORNS G *rp+ourrs.:.Rsco.�r4,foex+Q,ior;lt�+.w+-tsr++Alunst,rr,M�eJe.Qwnler.Or WlWkarL4�Ml(sG�1lCK't Litd+t ti„n+ta+c.3++'^J!NreC+rr,itsc+kla.^woa bnavipoort�,ye;yr�e, tk'twN T&LwL Ww,rvc*. s Tana La.r•LJtT K FOLLI7M4 OKOE.R.A)G.xnncj.N0,A,1 i.eyrf Oi Do*''ar' .Fvtt Dl VWwc4c Q Ofcs ECS F)><"4.r"L 0,_ (=y F1rmrM W H&A*40d 0000L 0 Mw— S2.FcrcwrK Fsapssr t Sl Wnsiw!ia.rrrrrrr f a heads up prior to getting there, because his Patrol car did not have a telephone in it. Z asked John about the discrepancy in what he had previously _ told me. John had said he wasn ' t told what had occurred at the residence and was only told that his presence was being requested. John then told me that he had pulled the call up on the computer. He read that the call said the person had a shotgun and was in the house. Deputy Ortiz was requesting the Sergeant and one or two other, cars respond. John said that he did know that there was a shotgun involved prior to getting there. He had not been told that by Dispatch. He had read it on the computer. :.: While John and the other Deputies waited for SWAT to arrive, thoy secured :the 1ocatj n and- monitored .,the..,S4s movements. They could see the S moving around the house with the shotgun. The S made a 9-1-1 call shortly after they backed off of the porch. John asked the dispatcher to ask the S again to come out and talk or to let them go inL and search the refrigerator for milk and that they would leave. John was using this as a ruse to get into the house. John was aware of the fact that when you call 9-1-1 , you can hear the dispatcher and the radio traffic. He wanted the S to hear him telling the dispatcher that they wanted to check for milk. The S was not receptive to that idea . j John said when he first approached the house, he was unaware of the complexity of the investigation that Deputy Ortiz had begun. He was not aware of the assault with the shotgun. He was unaware that this was a long series of events that had transpired over a couple of days. John also had information that the S was hallucinating and being- paranoid, saying something about the abuse of his child and his wife. At that time, John was unaware if she lived at the location IDD Lac L}w IDDf L7L ID r3 jw ID--ae-S., Qvi . j�+w« a p.,►,, pGWVW ID rVq oc. I�•QCs j]~1. ❑PLO. p S.,C rc +Wo+ of D+p.+*r MIn&4 17.Ova t This V*— u o. DIDovmc.Ok. pwe,..,.v" Ser eant R. Weckel x##W""awe..Pro-Iq to s..r.bo 21.Dsr 22 0104 - ] CONTRA',. ITA COUNTY SMER1FFE DEPART --`\007=0 Boat M,Martinaz,Ca Djon*J& i4W-Cr - . ' DwoD *+c p t oK w. i G+er GaiO 1 Crn+srCasweaan _ _'- L.L�wr�.l. >A t.KOuw.- T. t ,�. HOR AOR, Brigitte 7.° 9/g5 ` 19222 M` .:aawa r ix. 'naa+TOr+cnO t0.s.�0orcx0 Nw"*a.•F.W ------------- 222 Anderson Way, Martinez HORNB , it.Rop+lr'tr prrtart►�ert �++c+ov++6FE.Fbcawsd Fp.„d Ltd Stair++•11r++htunt2ar,�rYrJt.4,unity.*rar aru0tyr�.tarwtact,x0.'t 14odrt Nyrf+�gc,S++iM li.raC.r.LIltp�iy p�A D"VVtC"Lam"" Vrewt T&ksrL Ww..hOvis Tow tars•LXT N F0LL01#A?4 GktDER N Cr.tTrx)K WU& G Csc+ee ma-FVM C)tihrr'ctK q on" CQ FYrarxI:4 Kcvwsoe G**0L 1 14404. �2.lt«c¢ra-ut h'�'w'1'i T3,►tartxsw t iwrrrnrril0 or not. John said his main concern was getting inside the house to get between the S and the child. He wanted to separate the S from the gun. That was why John kept saying the things he did to get into the house. John never saw the S point the weapon at anyone. The S never threatened anyone with the weapon that John is aware of. At one point, the S came to the window and looked out. He had the shotgun with him. He was carrying the shotgun in a port arm' s position in a military style. When the S came to the front picture window, John could see the S looking out. He .had the shotgun with him. When the S closed the blinds, ;. there was light behind him. John could see him move away from the front door; crouch` down i.n':the corner; and look„ at the front door. John was able to see this because the S was wearing a baseball cap, and he was able to see the outline of the baseball cap and the shotgun barrel through the silhouette in the window. John said it looked like he was waiting for someone to come back up to the door so he could . be in a position for whatever. The position that the S was in would give him an advantage if the door were to open. .The S would have had a clear shot at anyone coming through -the door. As he was crouched down, the S held the weapon pointed towards the ceiling, but also in the direction of the door. As SWAT personnel were starting to arrive, John was trying to keep uninvolved people from in front of the residence. He had also started to evacuate neighbors. All of the neighbors left, except for' the neighbor on the right, as you face the house. John briefed Sergeant Woolard on the information `he had and the S ' s location inside the residence. John had already had the wife complete a floor diagram prior to the SWAT Team' s +ec+0on ti Aapa`orrt Ile++,p ` DC ��,,, pDf DL C nsx DV f'"'0'►!"Ck MACS 0~1 [�#lC. [ f++C rc FLoo.on.,�A ►t!*Mw tt.cax TrwO vtir.►wu a+ro DPon'`tywa:n Dor" ok. pur.wFr.a Sergeant R. Weckel n� - �+.Nw.Mr++1 s..e..F''**+0 ro sw. r.o r+.o.. - u ►•� .,retic) 0105 L ix w crr co«. i CfrratC + a.t?wr+t. aA 9 D,V1 t. sem..., . HQRNi F iOER, Brigitte 19 191 1922 �+�• 1.tiets..r I Lrc. moo e*�x» xi 5,400a a Nrn»C.F.W r 2Anderson Way. Martinez HORNS ALLh=v fmpwhood.P4CVw84 FowP4 Low,SZ=+an-%Wv%Noftv,A-%CJj.ouan*y.5r"rAt4l6arU&h&taCtXW f U04W KLJ"tV.Sa<id AlurrtW.WtCV ar+cxx 1>ftV1V or,Lxsaon Mc'%"T"vra .WoL Acrd Tota!L.om-LjV N FCK1A WG oKmk A. C'�Wc;.Notw,I.*"*Y.P 0-4Nnp.FVM 0)ve-C'4 K Ll Vs"EGvomwt F)U&C,TVL Ql F'h►nc+a;tQ►bts.✓xt0 Gc'oCt:0 w►c. tt.Rac+a.'ant i zl karrs:+n r A+tirswra arrival . John also showed the SWAT Team the lighting and the motion detectors on the lights at the residence. In the front of the home, the S had a 300-watt light bulb that was constantly burning. There was another light up on the _ porch . Just above the porch, there were two floodlights pointing out, which had motion sensors on them. There was a door to the left that opened onto the carport. There were two floodlights with motion detectors there also. The motion detector sensors were very sensitive. The wind and the movement of the trees would turn on the lights . After the SWAT Team arrived, Deputies Ortiz , Campisi , and McKeand were relieved from their positions. McKeand had been down at the end of the street on the west side. Campisi had been at the rear of the house . Ortiz had been by the carport. John had secured the front on the Arthur Road side. John wen_ t to the . Command Post and became the information officer. The.,cu,,:-;andfi post was set ::up . at.,.the intersection of Arthur Road and Anderson Way. John remained in the Command Post, except one time, when he went. down to the eastern edge of the scene to tell some people to get back into their house. At the time of the shooting, John was in the Command Post. John initially heard that a preventive shot from one SWAT Officer had triggered a shot from the S ' s shotgun, and it appeared the S had shot himself . John left the Command Post and started down to the scene. John saw that an officer had taken the child safely into custody. John advised over the radio that :the child was safe. John remained at a distance of about 100 to 150 feet. He could see three or four SWAT Team Members attending to the S . The' S was lying on the porch. John could not see the S ' s weapon. . Later, when lie was in charge of the crime scene and was awaiting -the Crime Lab, John saw the weapon laying on the ground. It was laying, unloaded, with two unspent rounds laying near it. .L1,.ea,,rcn u I.r.a+++wuarp - n� DL no ID$A Dv D P#�W0016_3 D A,, n aWW n ko. D LHC x A"On,f 0"VtT M'rw o ,z.Dow 1 T..»wrw«,% u c D+�+C"_ 000"V(o+c. DsO.'.+.Ftlwvr Sergeant R. Weckel now"' is Aowvw sw..P-IQ asp a.....No n.o;a. % 0106 - 't,o+k r.. t car cow a crtisrreasaweaian t �.ca.. 95- •• ►� "Z719/9519222 HORNERVIR, Brigitte 1 +sarwr J lxr r r1CC6W 7r1OS t0 =t+ac+«c�►Fw+rwr 4 F. 22Z Ander-90nMartinez HORNIB tt.r,op.nr n..a+e+t� > drK.Rtrowtnd Fmx-4 Cod,S=A@*N.iwr.Mumu.Msdt.GwnK7.llr"/KakstL4arxtlsrtjC r'tµc#k�"^Z"trQ Mtr.d�t;!�O�ca Equ4k*w+t 11�ei.a.r t,as: iYtwt T�.arti Wua.t+C�c.twt Ta+sf tair-LtCT fhi fQt�f)M'!MG pRt}E!ti Aa GvTlryC7.Matta.�.Ir'r'M*1'Q C�"�^4• tt.n+cz*rtnt htY t 11 k+rratw/Rarart+r ra { It was on the ground in front of the porch. There was also an unspent round lying on the porch. John did not know who unloaded the weapon or how it had gotten into that position. John said he only heard one shot fired . At the time the i shot was fired, Deputy Ortiz was sitting in his car writing. Deputy Campisi was standing outside the Command Post. John did not know where Deputy McKeand was at. Highway Patrol had never gotten any closer than the Command Post. They had been out on Arthur Road securing the traffic. At first, John thought the child was approximately five years of age. When he saw the child, he thought she was a small five-year-old. He later learned that she was only two and a half _years old. I asked if there Was ,anything that he would like to add. John said that 'the rapid movements , the S Dumping down, ,and checking the doors inside of the house were of a nature that weren 't a good sign. The S was preparing himself for what he may have felt was an attack. It seemed like he thought they would be coming back up to the door, and he was going to be ready for them. John said the S was given many chances to give up. While John did not see the S come out of the house , he was monitoring the radio traffic and could hear that the S had come out and went back inside several times . There were also telephone conversations with the dispatchers where John told them to assure the S that they wanted to make sure the child was okay and that there was "milk in the A refrigerator. " John told Dispatch to tell the S that they weren 't there to harm him or anybody . They were only there to check on the welfare of the child, and then they would leave. The interview was completed at 7 : 0.5 a .m. DL Da D$A DV ►r�artj as I4GS �]Me.+l ❑k0. �]we x haparx4 o•p�r/t►*Y*o 17.Cww,T~VWAV pr+.�+cae.. ❑o .ok. pw�.r,d.n+ Sergeant R_ Weckel et. � -k:c y v,.. .y Y t.ni' , _ 4l•f^! '� .. rr j ' r.'* � �',: ;- w. "�.. `} �.y. r - t� 3.: S �"b`t�S.i_tin�.i�C' .�L Lw��5�1+.7.zi`4" f'^.!':k:t�"xJai.'�.�"'.�Y�JAI:!S4•,•4`v*.'�1r�"�R�St�i!4�'•'.i...Ki�ZF,x�.i'h .f`•'.1'•�l't�2Y1F'�_. ' §by.»t�` ��� 1",c�lh�r�K�.�,,,.��y •���� �, ! ph GadoLOA T 2. 7 . C_. + t Aa'7o'sH�Os RLNwF�G"x^a,carBTsrniaM itte r �19J91922222 it _ - i.^00a's Nrn+o 4-f•LO 222 Anderson Way,, Martinez UnRNBERCER il,hc ,f 00+040+'r r ,,,a.e,n.cp"r,_FV A+ CaC t*4w� -%em k�,�.�.. .t�,v+o�wk.�w K'►w�a.t►� ,s«vr r�x++c+.�,u�a.« u r S,V Ta un wv..V c}.� Tout Loft-utT N FotlA4'tNG OPXX R./J C, Wc)e Naa W-*-Orr-A�*�Fun D}w�ct.e R t7eso� Eau+a^«r+L�R.aA.1vs .a Q��»r,r,..�C Ha..r+e�e aoow:4►+r.c. ,2.R..rao.�t ham'f tS.Narn.i•+/s�ur.vwr 4/20/95, 7 : 17 a .m. , Inspector Caskey and I interviewed Deputy Cynthia Kay . The interview was tape recorded and is being paraphrased for report purposes . The tape will be turned into evidence . - Cynthia has been employed by the Contra Costa County Sheriff ' s Office for eight years . She is currently assigned to the District Attorney '.s Office as a Welfare Fraud Investigator. Her normal. shift is Monday through Friday, 8 to 5. Cynthia is also amember of the Hostage Negotiating Team. At about 10 : 10 p.m. , she was phoned at home by Sergeant i Carpenter, who told her that they had a training/call-out 4 for SWAT.. She was told to meet Sergeant Carpenter at Pacheco Boulevard and Arthur Road, Cynthia was assigned to ` the Command Post to observer Cynthia had explained that she ' „� . has< b�.Ln.:newly trained as a H..stage Negotiator in .the last two weeks. Cynthia and Deputy Mould were both sent to observe. She observed a conversation between Deputy Arroyo, who was on the telephone with the S . Cynthia was only able . to hear Arroyo ' s side of the conversation. The conversation was being tape recorded. She was able to tell that the S was conversing freely. ' On two occasions , the S hung up. 'Arroyo called back on both occasions . At one point, Arroyo was able to talk to the daughter, Jessica, on the phone. The S was not going along with the idea of coming outside. The S would not put his weapon down and come outside . Cynthia was in the Command _-Post for one and a half to two hours and in that time, the S made no effort to give up . The Command Post is separated in two parts by a door. The SWAT Team is on one side and the Hostage Negotiators are on the other side. Cynthia did hear a single shot. She later went down to the scene with Sergeant Carpenter. They were on the front lawn. C `SDs D 1:)CA DDE DL Dp D$A OV u « D 01"0,r ck D A= D~) D ko. D� ,r.aa. ,To"wry D ro& +Owlwh D •o+c- D kAW"*N+ Ser�*eant R. Weckel D a.w at �+s+ a s.}r►.o ri.sus* ....... . .., ..._, -0108 1, ­,.+ L car COM "s?.'ysyii rte. •.�n�•7. 9 !. few►�n - 4 ' I L V%ab 046- a IL F. I. 4 ?e9 9r- 192 O HORNBER , Brigitte _ .irXtna!let. 70.&,*pe&Dern I—F.K ? Anderson Way. -Martinez HdRNB 77.ft*pt+"tt Onw'"WC yrK,6t+hLud,Pwc-o.�ertd Fmx,4 Lori,bzt�+n•t+re+ Kumbtr.A b:zlt.QWnRy.9rvdJWkeJhtan°e�txK't�t+ x�tnc.sorcd momt a.W*CW4^4Mx DftVVUan L=:zbon yew*T&xV,,W&W t TOW Loo•LII:T N F0LL0*AJ,Cs DADER A)COTWICY,NOUL .I-01r Q 0-"4-FW'L D7 DMC* B*6,ip�n K664,'ry& pt}fkt�ar+r'+t:►ii fb�a.r�+rab G•oat�:1 t+kFc . 72.RacsxRt4 t��= 71 ltarssi.w!Atfrrw+tt Cynthia could observe the medical personnel working on the S . She was only able to see the S ' s feet. Cynthia did not see the S ' s weapon. The interview was completed at 7 : 25 a.m. 4/20/95 , at 7 : 32 .a.m. , Inspector Caskey and I interviewed Deputy Chuck Mould. The interview was tape recorded and is being paraphrased for report purposes. The tape will be turned into evidence. Chuck has been employed by the Contra Costa County Sheriff' s Office for about 25 1/2 years. He is currently assigned to the Patrol Division, working at Delta Station on the graveyard shift. Chuck is currently on vacation. Chuck is also a member of the Hostage Negotiating Teaii. Shortly after. 10 p_..m. , , Chuck was called at home by Sergeant Carpenter Carpenter- told -ham to "respond-.to. the- area of . Arthur Road and Pacheco, Boulevard and to locate the Command Post on his arrival. When Chuck arrived, both Sergeant Carpenter and Deputy Arroyo were in the Command' Post. At Sergeant Carpenter' s direction, Chuck observed what Deputy Arroyo and Sergeant Carpenter were doing. On a. couple of occasions, Chuck passed information between Sergeant 'Carpenter and Sergeant Woolard, who was at the other end of the Command Post. � K Sergeant Carpenter and Deputy Arroyo, Deputy Kay, and Chuck were all in the Hostage. Ne§otiators portion of the Command Post. Deputy Costa was there for a short time, before being directed to: go up to the house by Sergeant Carpenter. This was in case the S came outside. Chuck was only able to hear Deputy Arroyo ' s side -of the conversation. Both sides of the conversation were being taped . "a�r ti.Asr.or� s tic DVA DOC DL Dp Do^ Dv Y06 D KW006CA M.P., D owww D P*"1r Ca. CA= D r,nri. [)RD. D IW C x F+tt WWq 0",*y pnmo 17.Deft r Two vwn w"% 7t awc D pla oavw, D oto.ac D r ov"r..b+ Sergeant R. Weckel 0109 �.::., .1...:>?.. ...;.s «._r,.?t e4.:u-'�.'.',n°Y`r«._zn1�r`2-r�"''tf:w`' ..r.3' 3u�.n."`r13,..''-?s,.'%' .7 'irie3F�+ltaa ' + .,•,' !+'�.+a.'� RAP .. _ ..... . _. <., w_._.,!:.` 3$lj� l - , t.taMrr t. Gy Jh L OR Mdk t Gtr Gow 1 Gn+arCtM3^G + • +acrao- e�+tivw=,+, T -�� & . 19222 HORNBERG�a, Brigitte 19 1> M-AC*YWa/LAC- 'rlCCISIO M .4 j,,peS• F.VQ 2 v rtinez HC}RNB tt.rvop"DWWXVa+rs Mc -.+ FovF toK Std+-Mrr+ kumbW,AMAdl.Ownur.1"_4/IRalu/1�l•wSsctx•r'•µo s+t thrR+C+a�. �+srwry+c 4 6Dv+r +.+�a f7 PA".TrL Mc tftt i T00%,Ww,ftk4*Total LOM•LWT K po"DMPOG OttDfti N cl._Wcy.uoc•a,ti.it,*ry: W G r%inS G)F1-vanm 4 Xck*46 4 aoae. a I.wc 12.�4rw..r.s R+oe«'Rf ss.ti•mi.w r iuw+t+rr+� Inspector Caskey asked if during the time he was there, there was anything that led him to believe that the S attempted to surrender or give up. Chuck replied, "No, in fact, quite the opposite. " After the incident was over, the Hostage Negotiators walked up to the scene. They were there for two to three minutes . During that time, Chuck was able to see the firefighters and the ambulance crew working on the S . Chuck was about twenty to thirty feet a-way from the S . Chuck was unable to see any weapon. The interview was completed at 7 : 40 a.m. 4/20/95 , at 8 : 15 a.m. , Inspector Caskey and I interviewed Deputy Roberto (Bob) Ortiz . This interview was tape . { recorded and is being paraphrased for report purposes. The tape will be turned into evidence. Bob.:,.'ha's been employed. by the. Contra . Costa County Sheriff' s Office for over fifteen years . " 'His °current assignment i,s . uniformed Patrol Division working Central Station, Beat 22 . This - beat includes the unincorporated area on the east side of Pacheco Boulevard. Bob works 2 : 30 p.m. until 1.0:30 p.m. , with .Thursday and Fridays off. Bob was driving Unit x`2102 , which is .a fully-marked 1991 Ford Crown Victoria. Initially, Bob was given information by Dispatch, which had been obtained from Concord Police Department, of a suspicious circumstance. Concord Police had interviewed a family over a suspected child sexual problem. Concord felt. that the individual there had been under the influence of methamphetamine and called just to notify us because the subject lived in County area. Concord also said they believed the S to be armed. As Bob was receiving information, he was driving into the parking lot at the Field Operations Building at 1980 Muir Road. As he came into the lot, he came across the female half of. Concord ' s D9 DC Db DD DL Da V D mow+ D v+o• p twcoac, []Jur. [}a.� sa a D x c [:)A= =3 1. D Ro. D i�C >�POW"�r!**�+o sr;ca«» ,T DPow,,�h D�DOC. ..Q�,,,� , Sergeant R. Weckel D n' 0110 h 1 .�f^,!`�L�µ.'4:�t�x+��rte.''7�'p�.:+:bL"u�'��='~.wrrn.�-"44!�'�SCfi'rvi�.,.'h�Y.�i7T.F.�v�1"°(�:iG�?�..,y�r^�,�'r ' *MM+�7^2`�itrrt.�`.+'�:�fVAX�'t4� �_ ,_-,.�'a/yi•�'.�'�"'., �',�����v�n�_ ",�,c.� L Ott Gear Grt,.rCw�r,+�++ t.Dww.t t. �A L OR rar 1 !. •craw++ .� Q + Q rg�HORNIL r. Brigitte T. +719/9 - 19222 �.�ear.rr 1 Linc. 'Ar+arnnw se F.W 2Z2 Anderso Wavrtinez HORNB �t.ftop"D660y00M ►k,me.K.S+riit ri�rnbw,blit l5ir•w-wa p+na+ivflc*ti 4cc.tw' tVp Mda1;Mcvtir's4 fow+G Lor4,b�+•hwh iivmbar,Ae%CJt.Ovansly.6ru'dt 1 ttkiri.tarKKsttvta t CtcAN fvm Ql VVS,:i+c 0 Os L� 64V"O¢ T)P4".TYL sm: W,,Wl Toj#.,Wu*.t+ct�,+drt TOW LOW.LWT tl pOU.O 4NG OKR N GuTWIC NcLia t�J++stY Q C�� OF-* a) "WL Rso"i tl NWMIA r irirnwwr - 4 detail . She told Bob that she wanted a civil standby so that she could pick up some property. a. The lady told Bob that there had been a disturbance. the night before and that the S , her husband, had been using methamphetamine earlier in the evening, at about 1 : 00 . She felt he was becoming paranoid. Early in the morning, he armed himself with a shotgun, They had an argument over the shotgun. She showed Bob a small swelling on her head, caused when they had wrestled over the shotgun. Later that morning, at about 8 a.m. , he' took his family to Mt. Diablo Hospital. He took his wife and two children. The S felt s that the wife was sleeping around with other people and in doing so, included her two-year-old daughter. The S wanted ' Dr a doctor to check the daughter and see if she had been sexually abused. According to the information Bob received from Concord Police Department, the doctor had found no evidence of a use. `. fob ."felt that the w.iie was becoming irritated at him for asking specific questions, as she b'nly wanted to go and .pick up clothes. She felt there was no need for prosecution and didn ' t see the purpose of the questions . When she left the hospital, the S had taken the two-year-old daughter and left for the house. The wife had , kept the ten-month-old and was waiting therefor a rider When she got the ride, she came to 1980 Muir Road and located Bob. She wanted to get clothing for. the ten-month-old from the house. - Bob was more concerned about the state of mind of the S . He had a shotgun, is paranoid, and is either going up or coming down from methamphetamine. Bob said he wanted to check into that. As they went to the house on Anderson, not knowing what to expect, Bob had her wait down the street while he went and knocked on the door. At the time, there were no other cars available to assist him. Due to not having any cover,' Bob tried to keep the contact as low-keyed and unconfrontational as possible. The S looked through the window and stared at :.Ore+au+oe+ 1L i�+ot+v Pruw� ns D nom► DDE nL 'p0 n*!+ nY n n nom.. ❑�,. Q w : n r+•+r+a � ❑ca�„ol.ok. p w.+.r.wa Sergeant R. Weckel n Orw 1t APW'iw+" ri hr obi. .t .,s..r $var�4rfMM+1s� `` i.Dry S. 24?A t.hK�aar- t i ii >Urn.fc679 . A k' HOR ERG , Brigitte- z rt+1I�� 19222 hIRt.iA.60,"i - loourrw+cs xa y,,pacs•wv++.�.F.W 2Martinez HORNS i1.ft*poet,Dveo'y+OM *O vrdod, s6 Fart!.Loa;S -Awn homprc,A WJt.OV#ft*r.lkV+tlrwia�wnut►C�xK'�tLadr<FhMn�rc QQ CNrt�rlvlaetw+i lt+4o, +xwr TaLati W^tr, W Total L.ws•LJVT N FOW>MIt 4 ORDER N C jMW14Y.NM3i J vw*rl iz.RCC.,W-"Frig t T2 hw mbwe 7 sxa�«n+wMs Bob. The S then closed the curtain and then asked who was there. Bob told him it was the police and that he needed to talk to him for a moment. The S opened the door after Bob heard him put the chain on the door. The door would only open five to six inches . Bob could only see the S ' s face and the part of his hand that was holding the door. . Bob could not see the rest of the S ' s body. Bob felt that the S could be armed, but could tell he was standing too close to the door to be pointing the shotgun at Bob. Bob told him that he was there because the S and his wife had an argument, and she wanted to pick up clothes for the child. Bob also told him that if it was at all possible , they would t like to come in' and -pick up some of the clothes . Bob told him he would stand there so that there would be no further argument. The S refused. Bob was able to see the child inside the house. She looked happy and healthy. Bob did not have enough contact with the S to evaluate if there was aY� ou- problem with him. Bob started asking .questions regarding the disturbance, telling the S that `he had to db an informational report. He told the S that he had the option of giving a statement. The S spoke for a minute, about his wife sleeping around and that he thought she had involved the kids. Bob asked him if anyone had talked to him and taken a child molest report or not. Bob didn ' t know what Concord had done regarding that. The S started getting more bizarre. The S said that he was only going to talk to an officer friend of his . Bob asked if he .had someone in mind, so that he could get his report done. The S said that they were all in a conspira-cy, and he was starting to get angry. Bob realized he -had a serious problem and wanted to back out without causing more of a problem. He told the S that he- would tell the wife that she couldn ' t get her clothes . At that point, Bob walked off, and the, S closed the door. Bob notified Dispatch that he had a problem. iie asked for the Sergeant and two cars, as he was working a potential barricaded S . Sergeant Fulwider and Deputy Cannisi responded. �'' .Dremwn', tt.Ar.or,.+�r•.r�np DA D� DOA r_)OE oL nO na oV r3 ft" r a o Aix [)r+rti. o x0. s++c x �.w++t Dot+uer 17.Das ,T rm VWj"Im + II � Pon OM OW"W. . II+A*»�+ Sergeant R. Weckel DPW x AAgrr w+A WK P't•+q x� s w.bo n.D.r 1cl 0112 99 "rCv..^a-3 ""r9A?'!..+v'7Y?:?� .'ass "✓✓ t^ . L Cir coa+a 1 Gw*»/cam ..o..ui, JA [—Mrcn.. L OR"M _ t. Irest+rn t .:SHO&AGkR, Brigitte 19/9) 19222 - i.bars../uK. a rice"r*ncs 222 Andeuo Way. Martinez HORI�B ri,hp Tt OasatipNT f+�7o�rrSaC.Aacow'sd Fmo4 Lart St+ir<+.lbr+ Na++nLtt.Mic�t.QyanitY,prrno/Lsklil.tarwt+ s�t fdPda� �01 yO%44s[Q Oft* EQuO-4r+i�Rbbc.rn. W_- vet- r TaLw,Na+vr ►+dr.+w Tow Lara.Ur Ft FOU.0o NG OP.DEK Al C-,. sWcs.W"&MU JV-*ry* a,rk.%Vw .4 HOU&Sr1+4 Orcdc q Iwr.c. tt.FACCW WVd brew*= 13 Marro w/Ra trrur+lr Bob said the original reason for going to the house was for the child. What he found was a S who the wife said had been using methamphetamine and was having a problem over it. He was acting bizarre . He had a shotgun and even though the incident occurred between 1: 00 in the morning and 8 : 00 the day before, Bob felt he needed to check because the S had the child. Bob felt that he needed to evaluate the S. As Bob talked to the S , he realized that he had a very serious problem. The S was very paranoid, armed, and had a small child with him. When Sergeant Fulwider arrived, Bob explained the situation to him. Sergeant Fulwider sent Deputy Campisi to the back. Sergeant Fulwider decided that they would try to talk to the S again. Sergeant Fulwider and Bob went to the front door. This tiMe, 'Se?-gearit. Fulwider talked .to the S . Their intent was to mostly evaluate the S . As Fulwider talked to the"S''he presented himself-,in the same manner, with the door open, but secured with a chain. He presented himself as reasonable for the first few moments . As Fulwider told him ' they were to check on the child and asked if they could do that, the S said no. Sergeant Fulwider approached it from a couple different angles, asking if the S had food for the child. The S told him he did, but refused to let them come in and check. Bob said he knew that Fulwider ' s intent was to get the door open and control the S . This would have ended the problem. Sergeant Fulwider told the S.-that they didn ' t really have a choice, that they had to check on the child. The S ' s response was, "You ' ll read about what happens in the newspapers tomorrow. " The S started to close the door. Bob said he felt they were in serious, trouble. Sergeant Fulwider was standing on a small step, as the S ' started to close the door. Sergeant Fulwider leaned into the door, and the door hit him and knocked him back. Sergeant Fulwider also mentioned that he had started to M 0 0 D C)DE IDL Z20 C)M nY Inc» Q Mwaoocs [)Apt n Oww— u Da a n+'*« *r ck n +r+awt, ID R0. 136JUC t7,cti.r Tow*gwrs+ ,UCVW COW 01-13 E�.-�''S� ��.ef,�C,3'�'?��'{,Sy�'t__�"7,rt_$c}'''r�.s x '�d1^"t,. � �ic � ' r M t?. t zh ,, '� t av•,'7��� v 2�i''T ti3"hax•. .. "h.[.:. 1-. .r •2 E^ �'_.'aS V(N;t � .C`S.,fS} 'ti .S... ji_CR/„a L CRT Coae 1 C�+r+» C + t.o.eaJ t, > HORNBERGbR, Brigitte X719/9 5 192222�'�` D t.Aw**V a/tac. SG six•Nrr+•e a-F.W- 2 rtin z HO qBERGER. An nny �sSeC.MCa1Ms4 Fmw4 look Lt>Wn-kern Kwmbr -Made.Ctwnsp. /L{sy{tSdinvtiLtXK't laob+�li + r,S++iel tJ�stt+vt,1�Y S+cMpca L4rvr�ort LaciWn TIAan 1^elua ec.4s ToW Lzma-LAT IN FOt1.DMNG OOUAPL N CurrancX Nasac tt�►+►�*Y q Csr�e+inp Fvrt YI++�cEeaK p Casa bo »� h R.a.a.TYa tc; ! 'a) »*",.:k awe 4 krr c 12.SKr[hwerX j Sl Narrx�.r/iiurrrrrrN ... stick his hand in the door and then realized that it was, a mistake and pulled it back. Bob grabbed Sergeant Fulwider, and they backed off the porch. At that point, Deputy Campisi came back to the front, and they took cover. Sergeant Fulwider said that they had a SWAT call-out. Campisi went to the back, Sergeant Fulwider took the front, and Bob went to the houses across the street and had the neighbors leave. Sergeant Fulwider called him back and said that they needed ,to do more of a perimeter. Bob worked his way to the back and stayed there. He was at the west side wall near a pickup truck in a carport. The house had a back door, a front door, and a side door. Eventually, Sergeant Fulwider was able to get some other C= people in to clear the neighborhood. Part of Bob ' s assignment was to look for a vantage point, where he could observe .the inside of the house. As he went along the east side of- `the home, the windows :were a.11 draped. : At the :back of the house, the larger windows were all blocked. The kitchen window was open two to three inches, and the blinds were down. Bob was able to see through the gaps into the house. Bob could see the S with the shotgun pacing the house. Bob put that out over the radio for the other units. . The shotgun looked like a twelve-gauge, eighteen-inch barrel shotgun . The S was pacing and looking around. The position Bob was in was exposed, so he moved . He went back to the window a couple of times because he couldn 't tell .where the chiles. was. Bob said when someone would mention that the S was on the phone or at the front of the house, he would approach and look through the window. The S looked like he was getting more worked up. He looked like he was circling the perimeter. During the time that they were on the perimeter, the S called 9-1-1 . Sergeant Fulwider told Dispatch to tell the S to come out and let them check and see the child was okay, and had a good home. They were unable to convince him. Bob 3 r .1�I>k DM DL Do D DV D Of"0*r CX D A.C:% D*%al p 110. p&W- 0" /Two vW OV� u cr.o 01" pCOMW.C*. pe..r"hwvi Ser¢eant R. Weckel r Dow 22 PIPS, - - j 0114 yc^.�"dC�".S s. E� y,� '; S �`1 �+'�!'2�:`�'l'�„", � � 4�, x,',,� ,i � ✓ �,�,,F`� � ..�.. -w s:.,� - �Trt "`K'k,i�°'iL�`a:"7.r;'.wit„h`#y,�`�(n�'�•'�yS4`y4�.v-R:+n.r-. a'.'# �r�kiy:?�t4,�' �y3.��;.1,.r,�Yr�A,�'?# s +.i��...".f'tt';•` ^��'X�`�`S,7 y7:7].Fir dy�',� ,�3?��-»r+r�' ti - 5.k- 2. . k° 1. '� Fi leas,. H.4 F. l En+Woy++IMr HORN�ER blas Brigitte - z�7 Dew 9� 19222 D i.peer.../LAC- 222 Andersonv -Martinez HORNB S ltr.ti��� i fr�tov*C�d.F-wv--v' found.Low Srsb.n.Som n6tftw.VU-Je.Ou►nur.braf+aridakarbeean✓sr-cx.r t taoarC�N .Z" W*':,�DQ'VVUO.%Lmato" vftwi TAX.W 6w,r ckoo Tou:lt«m -UST N F OLLOwWNG DKD-E k N a rT ver c r..NOL'.C.W,yt r Q C Your+4 F ina:a}Ys+%4'Oc 0 Des"EA UAW- s.F)U".rm Nz; Q)FYs+►rnx.FQ Frecw,✓xrFO Clooetr:4 l++t E ii.Itr ao.a s�Ftalr�rY 12 k&rMk v-$!S&A w wen r could see the S on the phone. He was trying to tell if the phone was :cordless or not, because the S was talking on the phone and moving around the house . Bob was unable to tell , but later learned it had a very long cord. Bob told Sergeant Fulwider that the front door was within the line of sight while the S was on the phone . Bob marked a sketch of the residence showing his positions. It was marked with arrows , showing him going around the house. Bob stopped at the first position, which he marked X1. This position was exposed, so he moved to Position X2 , when he realized that he was exposed. At Sergeant Fulwider' s direction, Bob moved into Position X3 , so that Fulwider could clear. Bob floated between the back and the _" front of the pickup truck in Position X3 . He remained in that position until relieved. ` When ,he-:-was rel i,.eved by the SWAT Team, . Bob.-w:ent _to the Command Past anstayed there for to Post security: There were several Reserves assisting him. Because the Reserves were there, Bob went to 232 Anderson to re-interview the wife. Her pastor was present when she was re-interviewed. The pastor was moving around , but was Present for part of the interview. When Bob had originally talked to her, he had only planned on writing an informational report for a 417 and a welfare check. He now felt that he would have to have more details , due to the way the incident was turning out. He talked to her about what had happened with the weapoD and how she had been struck. . Bob told her it had turned into a major incident and even though she did not want to prosecute, the S would be going to jail . Bob told her he would put in the report that she did .not wish to prosecute. She also told Bob that the S and an unknown friend had smoked crank somewhere around 9 or 10 p.m. , Tuesday night . Around 1 a.m. , he started to` get paranoid. owe Dc DVA DDC DL Do D Pq V"Vr cx DAC* D wwi. OPO. D s++c DPw*can• + Dca.vwcaC. "W"P" Se32 rgeant R.. Weckel 01.15 i.o...� >>�, : .... L C++��a► t C+hr Gwa _1 C�a►iCass++c,N.n i. e !. Z364aarrn HORNERGER, Brigitte ? + 9/95 29222 t 400^w.a/ nvca+mar+oa is i .cTl hwm,C. .F.W 2 Way-Martinez HORNB ti.Atop"004ave— tw-r4ed,Fwo wv4 Fm r+4 Loaf tt-Ao 1-kw%Mwmbw.Anuria.0,,a M*J.Srar+e�l,4kr al to nu�fattur rr't w¢r*1iwntw,Soria Ai.rnbw.V>scru"C"r DOA VVUM Lumbe., rt.ara Toje,Wvk►�row Loan .LXT 01 FouORMr,e OAS A-N C x'wwx MXML w JO-Ohy-q two ',¢Furl:DS VW*6—q O'f Eavfw++a F)Ka-a.v,rVIL a-. Ql FkV&rM K hkxA.a tlt+rror 0 Mint. U.N.&=,arat ftap rb i 12.NAM-&$Yes!iia wrer+r r ' ! Bob had gone back to the Command Post to get his notes together and write the report . While at the Command Post, Bob heard that the S had allowed the child to come out and in doing so, had come out himself . There seemed to be some confusion about the shotgun being up in his hand or* down. Bob was listening to that on the radio when he heard a j single shot. Someone came over the radio and said the S had been shot with a beanbag and to send in the fire and ambulance. Bob walked over to the scene. The SWAT Team had moved over to the area by the carport. Sergeant Newman was standing in the doorway to the house. Bob saw the S , and he was seriously injured. The Fire Department was coming down the street at that time. Bob went up with him -and stayed there to protect as much of the scene as possible. After the fire and ambulance personnel left, Bob stayed and waited for the 'Cr'ime,—Lab: When,'Bob goy to° the house, the shotgun was lying. .. .. at the base of the stairs on the west side. It looked 'like it could have just fallen over. There were two to three red plastic shotgun rounds on the ground. I asked Bob if when he was talking to the wife, she indicated any fear for the child ' s safety. Bob said at one point, and he is not sure when it was, she said that the S said something about don ' t call the police, I won ' t be taken alive. She didn ' t say that he would have hurt the child. Inspector Caskey asked Bob bow much detail he was able to obtain from the wife. Bob said she had mentioned that she had been hit with a shotgun. Bob ' s impression was that they had both been h.olding the weapon, and it caught her on the forehead. Bob said he asked her how close the S was when he threatened to shoot her and where was the gun. Bob said he had put that in his report. We explained that we hadn ' t seen the report. Bob said that she had told him during the first interview that the S had threatened to shoot her. The . `. .D..e swoon u aiMorr+R.w,q Da ID De [}L D0 C)8A �v D w+•vr+ D viva [)JVV D Oww- D+'*�Cx. DA= D VWL p Ata. D SHC x o.o�Y f*r-4 17.c.. Tom VW MW �► w n''- Ow"'i" D cwvoz.ok. D wW.P" Sergeant R. Weckel .�,....�� �►.,. ,.,r, - _ - 4116 _ ''M1 A,"<H.ti.��"J.,,sfi�.�tiw'�:`�.�SVTf'�r1'�++r ^Y`S P, .1..hy „yy?y,+,',�., �p+i,(y�, _T 5. tN Psl� .'1. Y � '� {'�•S fl �y1:Y..S ��� �,}.�,!- . "� "_+'�^;�i�"�.+.s,*�s BOX.3YT,MJLrnnsi; 1 t I+w L Cir Gow 1 Crke+►/CMacsrlcs�e+ 1.L1w�J. >, 2. 95-10679 `tern It► .0 OLt.rr T 1+!004, 7 71-9222D HORNBERG t, Brigitte t /.oarsa�L� "r►ao.�*sx+ 70. -St tir+++rr 0..f,•4 zAnderson Way. -Martinez HORNS st.hoq�$Dawy�w'c 1reW,'rt+nbK'.n+eo.�e'a1 fow+d.Lo+a`fid++-twrn lk+R+ytc.)r'tlrJt.Own>K.Drar+O/i.tttulLtir,c7SitivtK't faabr�Hdert7rr.f�tlf N,+mb+c.tt�. ,y t)waasext L.ataton rrn.r,Twn ww tt*ua Tots?Los•Lat'T!l POLL.t7►� W,OPtDXE1i Al C.srwvy.►+oc.i t,-►+RN*Y a +Mi sxs Lti t'*t C Q Cha ISQv�arrwa 17 Ma.o.T1ra .c: 12.R�crxs»[h"M-V t Wfor" 1 S had begun to get paranoid about 4 or 5 : 00 in the morning I and loaded the shotgun. He told her to stay in the bedroom and lie on the floor, and he started looking around the house. When she confronted him about staying in the bedroom, he said he would shoot her. In the second interview, Bob went into much more detail . Shesaid the S was about two to three feet away. He had the shotgun in a pistol grip, with the barrel pointed just slightly away from her, towards the ground. She felt the threat was valid and did what he wanted. Both children and the wife remained in the bedroom with the S . When the S wanted to do perimeter checks after that, he would require the two-year-old and the wife to go with him. All this occurred between 4 and 5 a .m. Between 5 and 8 a.m. , they just stayed up., At about 8 a.m. , r the S packed the family up and headed for Mt. Diablo Hospital to have the doctor check the two-year-old. to toff"Ir_M. his suspicions -_of child ,molest,. Concord responded to the hospital and wrbte their report and- -hen sent the: information to us . I had become confused on the time. Bob explained that they had been up all night Tuesday night and into Wednesday morning. They went to the hospital at 8 a.m. , Wednesday morning. They then stayed up all day Wednesday, and we were called to the house at around 6 p.m. , Wednesday night. . 'Bob had asked the wife about what had happened between 8 a.m. and 6 p.m. She said the S had taken the car and the two-year--old from the hospital . She waited around and talked to the doctor. She L, had to wait for a ride. When she got the ride, she came to the Field Operations Building, where she met Bob. The interview was completed at 9 : 10 a .m. .D•waKrllo� ti..ANror�11w+�nQ ns De r)CA C)DC DL Do n09 L3Y n n o . n"sr rk r3 A= p~i. p ftc. D SHC *c^M"e t o+wu►r P-V sr.tw. ,T.,w wr0+ u Dc 01120 Elmo fte Sergeant R. Weckel n o> >a **WV"3"Ov.!r re 0117 -.- �._. �.`-errsrK'in•?i: �.�rr�'''v �'.: �3 � ��}..Yi-y,.�, ..y a �` r, k`,�,'4ry -s x: , �, 'iwy�sr�`;y� . r � %?�;l,fi�„'`'�S `a•#:+� tiy.AScr.�j'�, .,,�' K��+^a......�t `'a.e.� },rtSj`` '4` L car 24 t.hs�....- HORNE2 , Brigitte n+ , M&Tog1192�22« D � ..aor..�� •�+*�„cs xi y,�prets N.e*r a.�.i0 2 v Martinez HORNBEECER. Anrhnn3, ti,ha�w�/C+wa'+M+rr 1rr�povrxl�C.Racor+rt�.fax+4 Cao Sir+-iwn M�unL�.IMude.Qua�f17.�,rs,rxt/i.Ws/iian�rt�CtixK't 1iad�N�rr�CMt,S+�car NurC�rc,Y *++u.�'Jyacnpuor.Canton vetw*Tam Wok e.rt.+a ToW t.ar-UaT H FOUCWPOG atDEPL JV C.�W41L No(al,is.ivwor C1 06°*""a Fwrr 0)Y*I-Ck e D OM"cavO-wt!)U".TVL ra: Q)t w+wa:W Na�s+r+c+�4,f�ocea:4 wrc. tZ.R+cao.w s[N[*R+rM i 11 Numb**!iIAtirirrrrr I 12 . 15 p.m. , Inspector Caskey and I interviewed Lt. Tom Coggan. The interview was tape recorded and is being paraphrased for report purposes. The tape will be turned into evidence. Lt. Coggan has been employed by the Contra Costa County Sheriff ' s Office for over 25 years . He is currently assigned to the Patrol Division as a Valley Station Commander. The first call that Lt. Coggan received was early in the incident, when Sgt. Fulwider phoned and briefed him. Fulwider said that he was going to the location with a possible problem. Lt. Coggan was called again when it was determined that it would be necessary to have the ` specialized units respond. An hour to an houl- and a half later, Lt. - Coggan responded. He arrived at the scene at about 10 :`50- p:m. When id, arrived, he went to , the Command Post, where he was briefed on what was occurring. He "was` told the S was inthe house armed with a' young child. There were criminal charges pending relating to an assault with a deadly weapon and false imprisonment. He was told that contact had been made with the S , and the door was slammed, injuring one of the officer' s hands . The officers backed off and secured the residence and were now into ,a negotiating situation for a barricaded individual. Lt. Coggan was briefed by Sgt. Fulwider and Deputy Ortiz regarding the initial contact. He was briefed by Sgt. Gilbert and Sgt. Woolard regarding the SWAT Team and their set-up. The SWAT Team had not developed any assault plan that Lt. Coggan was aware of. They were negotiating with the S . Lt. Coggan was aware of the negotiations and was able to hear some of the conversations. He stayed attuned to what was going on. Lt. . Coggan said he had not been given any information that the child was in any specific danger, other than dealing with an individual who was using 6r D. Dc pDA paE pL Do Dai Dv D pfty r C's. D A= D inwl O PLO. D SMC FSer]eant I,�r M-10 17,tan. r Two wry u DowDr.�+�M Da•*a.ak. D,,,s„r,INSPOM R. Weckel r,..v,y 16.x.P+,r+q gs bWOWL wo n.own OrD MOW a 1a.Y. 0118 ••,rJ Box=.Martr4Z,Canforrua y4zn-. L pr L O&Y CAMM _ 1 G�++ntCir:a�otswn t.Owr�t. !.rrc�w.. .� ► 47 C* � L� r ) HORNBEKGR�, BrigitteBzigitte 9 192 !.Aa*•srr/LK. 4t0 s, rcYt Ntvr+t iL-F•W 2Andp.rson Way— Martinez HORNS SS.hapkty otrto�r yre,�ia,,rrrse+G,Mao.+red fac�G,Lotri 31�it*+-ttl+n MumT+rc.Midi.Ovanttr.�t+*brlA„tJ,,trWnvtac4xtx t Nti,rrKr�.S«'{.ar tL+eaDt,r.!t „�prs�,iDt+en lt+tthoe+ %,rh Tuan W6*.lr fi TaW Lose•LXT N FOLLA P#Q O XPL N Cwrwcy.Newt:y Jr+r*rY Q�'�^a FVM Q)yvwowc Q Mot Epvkw w #1 ft&",rVJ.aec: 127 fir..rR,�w►iaa.t+c++e O oxtt f u.c z2.+w.coY«r.d huFt*IV i ss.wrra.t..!sitrnwr excessive amounts of methamphetamine. The S was also behaving irrationally. i Lt. Coggan moved around the area , looking at the location _ , and talking to uniformed officers and the specialized units to try to get a feel for the situation. He was trying to see how personnel had been placed to see if he could find any weakness in the plan. Lt. Coggan was told that non-Lethal rounds were on-line and were available to the incident. He was told that a Team had non-lethal beanbag rounds, and they had been placed at the front of the location. Lt. Coggan was in the Command Post when he heard one of the negotiators talking to the child. At that point, they were trying to get the child -to .walk .out on her information came out that she was on the front porch. Lt Coggan left the Command Post and walked towards the location to be more in touch with what was going on. As ,he was walking down, he heard a gunshot. There were verbal communications directing someone to get in there and to .take the S into custody. Lt . Coggan waited a couple of minutes and walked to the location. Lt. Coggan said there had been no consideration to giving a Delta Order. They were having a dialog with the S and as long as there is a dialog, ,,-it will be carried as far as possible before deadly force is considered. The telephone dialog had stopped, but there was voice dialog with Deputy Costa trying to get the child to* come out to him. Lt. Coggan did not know if there was any dialog with the S while he was outside. When Lt. , Coggan arrived at the house, he saw the S" s weapon laying in the flower bed just below the porch. He also saw two shells and thinks one was red; Pr+rt•.,ton u A,�trrt++ut ht.A+np DS Dr- Da L7DE DL Clo D1A Dy 00-0069860-M 0,0 t o kwWor-t []J,-, Q otRww D PV6V-+r Ck DAcx 0~1. p Ro. D we X D&P,*r t*-4 11.Dort r Ttr.VW u D h csos+�+ D 0MVV-0*_- Ser eant R. Weckel taarru a .._, ,r*. O 119 �4'J�l,� �"S`d%� sJ.:t"���ho'tT';�"y'�6.L-�'3.�w, ��.�• j'��� r ,-'`fes�_�`,}.,+3 r ry 4. Suvo+� Mrs I-1.0. Box M.mlrtr}az„Caaiorrija 94. = ~' u f L rr► _ Z Cxr Ga+w aAt 7.Crx*+►IC Nneen q �`�" s. i.r1.c�.rr•- HO&ERGlR, Brigitte i9i97 19222 t.A40rV=!Lar- 22 Anderson Way. Martinez HORNB�'°C;FR- Anthnny.Tt�,Tz tL hoW'tt P 1Tt�GtiV'+CSIQ,tiGO+�iQ,fd.Jr+l.t LWr.SL'�r+.Mrr�liuntbK.�'tlC7f.�ut�>kl,�'i+QjLtilUll+tiMr�#.C�Xirt 1aoCSa�N�+++Drr,S.�K fiti�'►�nK.Y�i�r+x.K,*LMatr>7t+cn,Laca�a+ �- am- �s Uka%W^l+C�TM W Low-LST t!FOLLOM NO DKD£R AJ C*XTWCx NOUIL,ti J''r�'T C1 ^� Furs OJ 4'�++KjK Q Coco Equ +wx �!K&".Tvt Q�Finrn+ti FQ llwx.w+dSl 6ccxas.:�1A+s.:_ t2. •s*[RAY 11 kar LSVQ/iisUrrrr�t 9 Lt. Coggan was asked about the patrol officers at the scene. He told us that the CHPIOfficers who were there were on traffic control and were at least a quarter mile from the scene. Deputy McKeand arrived late after the initial contact. He was then relieved a half hour to 45 minutes prior to the conclusion of the incident. Sergeant Fulwider, Deputy Ortiz , and Deputy Campisi were also there. The interview was concluded at 12 : 35 p.m. 4/20/95 , at 12 : 50 p.m. , Inspector Caskey and I interviewed F' Deputy Randy Beardsley. This interview was tape recorded and is being paraphrased for report purposes. The tape will be turned into evidence. Randy has been. employed by Contra Costa County Sheriff ' s Office 'sor nine years' ' He --is currently. assigned' to Patrol Division as the Administrative Services Deputy. Randy is also the Explorer Advisor. The Explorer Meeting was on .. 4/19/951 from 6 p.m. to 10 p.m. As he was leaving the Building, Randy saw some of the SWAT Team Members arriving. Randy asked if they were going to need the Command Post, and they said they did. Part of Randy ' s duties include delivery and set--up of the Command Post. Randy started the Command . Post and warmed it up. Sergeant Carpenter asked if he ' ' wanted to come along and assist him. Randy went along and helped set up the telephones. He then stayed in the Command Post. He went outside a couple of times , but mainly stayed inside as an observer. After the scene was secured, Randy walked down with the hostage negotiators. He went to the driveway, but did not go up to the house. Randy had no other information. The interview was concluded at 1 p.m. n• n= oa [3 DE nt o0 nM nV UP- CaRo+.++ p or*p-C4c L1 wrr.raror Sergeant R. Weckel D o K M.r..n^.i.a►..P**M4 29 f++K.►+o tt.Cox 32 -I Ccrrvx��e*+ GCtKTR:F'",''JSTA COUNTY SMERIFF S DEPA-K i rntr: 1*.0. Box 321,MarhtM:,Catasorr►ta gt553." 95-10679 sc8.. s rr.r..�c.�.r.�..r,- 'rH"MER, Brigitte T.a...Oe4-Fw- N& �} 4/19/95 ,.A.yts�t!tx. -nDar+vr,cat t0. S'Abor:f s Ns+nt IL.F.W 222 Ander Wa-,% _Martinez. CA 11.Prt>FMtr'!t Dawr*00M ►.,,x+rd6.PACO -td FP-4 Low,Shier,.Mrn 1Kumt+mr,A+t�ft.C%Amr ,Dr"fWkalWr K&Ctxtr's i"0"Nvrntw.S+ m N+.�.ljb-- o UutGrrrprt LtCiLar, 1YTvrt TNitti Wwk hOl.Oo Tout Low-UST H FOLLOWNG CktOfPL A)C,rrtrc}Nein C}trWr.Ca Cso %_Fwa D)MO+'.s0K t}On"b4l+iCy++ax,F) Q}Fir amm K ttia.n-IcAp Gcook 0 EAtat 12.Mcc+.trt[hs1'+i� i IJ karxt+�!iKtsrrsrett Fly 4/20/95, .at 0045 hours, I received a call from Dispatch while at home of an officer-involved fatal shooting in the Martinez area. I , in turn, called Sergeants Celestre, Ingersoll , Weckel , and Deputy Fisher and requested they - respond to the Field operations Building to assist in this investigation. I arrived at the Field operations Building at approximately 0140 hours. Sergeant Celestre took charge of this case and assigned teams of investigators from the Sheriff' s Office and the District Attorney ' s Office to do interviews of witnesses. Sergeant Celestre assigned me with D.A. Investigator John Wasson. Investigator Wasson and I f responded to the scene of the incident with SWAT Team Members Daniels and Dahlstrom. The purpose of responding to the scene was to acquaint ourselves with the scene. Wasson and I started our interviews of witnesses on 4/20/95 , at approximately 0350. hours'; Interview - Denuty C. Forsyth - This interview was taped and is paraphrased. Deputy Forsyth works in Court Services as a Bailiff in Superior Court. Deputy Forsjrth is assigned as a designated marksman on the SWAT Team. His SWAT call sign is 1023 . On April 19 , 1995, at approximately 2140 hours , Deputy Forsyth was advised by phone, while at home , of the. SWAT call-out. Deputy Forsyth went directly to the SWAT scene. While at the scene, Deputy Forsyth met with Sergeant Woolard and was told to stand by. ''Forsyth, at this time, went to the Command Post. While at the Command Post, Deputy Forsyth was assigned as an arrest team member, along with Sergeant Chertkow and Deputy Deanda. This arrest team was assigned to the 12 : 00 position of the residence at 222 Anderson Way. The 12 : 00 position is in the back side of the house. The back of the house is on the east side of the house, and there is a fence at the rear of the house. This team was to the east of the fence. pw L pc r)V, [)V D C� D r,w [}Narootici ED, p Cwww D A= rSer t#�OC eant J, Knutspi 21 •-iii::rt?-.'n"S.,`,.r!»':t'a�ryo':.�3t'.i,�'ea"y�r{`,iSa�'3,.�.�.s. '..rkri�:,r ^1 .+i.;J^i"' - � sgr .ny+'71 z �/'(" '"F"'* +� .. _ err ., -+3 _.t +fi0la�t+aetra! r'�D- BOX M.M1rtit4„Z,C kU1Xt'la 9AS53-" HP0 L7Arma � p t aA hr 95-I0679 Zfose 1 cnr�.�C t.�S 7t, A _ A.D.W. 1. # H'� Brigitte T.a<4ow+4 /tom A& - D 95 22325 I LAC- •�Gour*.rrca 7a s.+.p.cf.PI.n+.or F.►Q 222 Anderson Way, ar ' S S.FrDgirT/C�yMrC . krYpovr4ed,K&=- r7d.Fowx+d,LM&%74n-*am Nwnbw,Arrici�,0,&,wr.Ar",VJAAIs,"N tactxrr i ktoove tiv+�+t� r iat N►rnt�t.ixk,"�,'.� G+�vps ori 1 :wn VrIWI Takm%M►tut lKlsdrr Taw!mss-LST N FOS.tADrt #G O.DEk A}C,nVV Ic NMMI,ti jV_*rr,q L604'+04.Furs 01 c n 0"Co 6pvkr*�fl u&,.TYL sr_ CQ F3hrnr+a MQ Mea+�+hc�Q GcoOt:K Aim st.Aocorwit n"w i ti N&ITSIr1!to No 90 f i Deputy Forsyth was armed with a Remington Model 700 , which is a . 308 caliber. His sidearm is a Beretta. 9mm, Model 92F. Deputy Forsyth was unable to observe any activity because of the six-foot fence between himself and the house. Deputy Forsyth did hear radio traffic between Designated 'Marksmen Teams rl, which consisted of Deputies Dahlstrom and Daniels , and. Designated Marksmen Team 12 , Mahoney and Ryan. These teams were at the 12 : 00 position and the 6 : 00 position. The radio traffic heard by Forsyth was to the effect that the S was moving around quite a bit. He was armed with a shotgun, and he had a child in the house. Forsyth heard over the radio that the S exited the front of the house armed, went back in the house, and then exited again, unarmed. At one point, he exited- the `front `of tne- house, armed, ,,anti ;, he had a child with him. Deputy Forsyth heard a gunshot and heard Sergeant Woolard on the radio asking if it was. a Delta. In response to Woolard' s radio traffic, Deputy Forsyth heard Sergeant Gilbert respond, "Negative, it was a beanbag- round. " Deputy Forsyth said that he was. at his assigned position for one to one and a half hours prior to the shot being fired. While at his position, Forsyth, Chertkow, and Deanda used the call sign DM3 . At no time did Deputy Forsyth hear a Delta Order. All of the- radio traffic- Forsyth heard or used was on Sheriff ' s Office Channel TS . Deputy Forsyth 's weapons were inspected. by Sergeant Woolard at the Field Operations Building at the conclusion of this incident. End of interview. Interview with Detputy K. Ryan - Interview was taped and is paraphrased. Deputy Ryan is presently assigned to the City of Danville as a patrol officer- Deputy Ryan was at home D� Dr C1w paf QL pa pM pr D.+..,.ry ck }4Jnom n►�.=Q" CI APT Q o.raw 'tiCS $MC fL Flroer7r.1 080,.ry!r*Y+C It En Ser cant (� -1 -�x.A#W*w+y{Lam.Pr Q ro sw.►r.*40 rS,carr T'?,7'6� + 'SS:+Stur.^, i'a.3*.-y y,,M('`.� hwC.y{. rc�s ,:c.•r_t✓\.( -R-- ^ Y;µ+{] � i: Z .+.. ..:.. . .... za.. ``��Rekrvz.+'7F"�a�.`SsrT'=L r�`_'4=- FTS •'fit: f '}s ,.ZS, '�•,E�^ •'�,a�`'�` ju.'i."1F*! _ CONTRAU C*U TTY=NEFUFFS OEPARTMEt.i 1O070040 p q 22 i t.v. Bcuc ssrt,l,tartinsL cansocz a 44553-OG; pWO D D 95-10679 L6;,P . icn Icrm+.�..�+ A.D.W. h"�S r AGr.tarr ori,.�+•n t. +'►"" D E �R, Brigitte 4119!95 !.A4*-@ s/tic.. •rloo, WV* 14 Lw :0 A 222 Anderson WaN,. Martinez, CA M*r^ovnCsrd.Ko:o-w d.Fov4 Lost StAom.Mwr,N.uftrs.MdrJt.p Aft*j.pryrx7tldstrtl,trnVluttrcK't 1.tobat NWrbW,&W_JV NuR{wr.1t#t r+rocs itravpbC%%E 44,0" ThZ+trM Taken Wwk VNO. TocaW Low •L T N FOLLOVdN4 OADER N C.XTOMCX Nam i;Jew*r{,Ci Cs04,%jr p,Fun:DI V 'Act D Once Ea7uPn»+'tL F)Rano,TVr_ret.: Qy rklm"M M ti"0146d Gc+cae LYat t2.lS,rr+xrrrt rtlO�R'4`i Il Narsse.a t fi►werons -' when he was paged of this SWAT call . This page was received at approximately 2125 hours. After receiving the page, Deputy Ryan responded directly to the scene. At the scene, Deputy Ryan contacted Sergeants Fulwider and Woolard. Deputy Ryan was briefed at the scene that there was an armed, barricaded subject who had his daughter with him. Deputy Ryan was assigned to go to the rear of the house with Mahoney and set up an observation perimeter location. At the rear of the house, Deputy Campisi was seen on top of a shed. Deputies Ryan and Mahoney positioned themselves so they ;could see .three windows on the left of the house. Deputies. Ryan and Mahaney were--.assIgned . as desi,gna.ted marksmen and spotter. They changed assignments numerous` times (marksman o spotter/spotter to marksman) . From Deputies Ryan and Mahoney ' s position, the S was seen several times inside the house. Ryan and Mahoney kept the Command Post advised of the S ' s actions inside the house. While using the radio, Deputy Ryan used the call sign Bull , and Deputy Mahoney used the call sign Doc. This was at the ` beginning of the SWAT situation. As the situation continued, both Deputies started using the call sign Doc. Also at the rear of the house were Deputies Deanda , Forsyth and Sergeant 'Chertkow. They were assigned as Designated Marksmen Team n3 . - They were assigned to assist in the arrest if the S came out the back. Deputies Ryan and Mahoney were in their position prior to the Designated Marksmen 'T'r'3 Team got to their position. Deputy Ryan heard a gunshot. The .-information prior to the shot was the S was going back and forth and in and out of the house. This information was heard over the radio. After the shot, Deputy Ryan heard someone on the radio say r. a�,rc,., u.�ar.or,r+►�,� n! Dc Da DM DL 00 Da ©V p wor L3 N•wu pooea,. D OWWW }P,"-,I d� Q+cx _p�+ewt ©ha. []t+�C - x�"+r�r t►++�+o S7. �T.,.e 4i c++t SergeantJ, Knutsonto t-� SS CONTFLA_(' TTA COUNTY SHEFUFF't DEPARTMEN.. �OG700C1G 11�t 22 - r.Q.Box �1;MartiMLz;Catticxnla SitS,S3-pC [�HP0 jD 95-1Ob79 Z cw 3.CnMI.JCwftC0", A.D.W. L Empw"*w. i ) ZRftMa, Brigitte ? c�4/19/95 ? ? i.a c+crw.. t+c� -nocarr• • TFL$,*peas P.0"a A-F.64 222 Anderson Way, r ' ,1.FrtpKft Oarts+R�+*z ` }r Mw2.RKo+1rM4 FR++Q Lor~Sx>+�+-Rrn+fiuR+bt<.Mti+�R.OuanUty.drsnClLttkilW r+�st4+rK i U060 NvmbK.Sorin N6r*K,N —_W4^0064 t mvv-.,:x%tscsson Mwt Titer W64.P+ck� TOW Loft-UrT N FMLOYA40 00Rmk N C MW.4)L Noack M.Mr+►wr-G CQV''^C FWL A} Q M"E4Aw+ f'1 U" TV,&aC: Z.�V-00 FV9VWV 1 13.k&,rtlw!PAmotog # that it was a self-inflicted gunshot wound and then heard someone call for an ambulance. Deputy Ryan did not hear a Delta Order during this incident. During the initial briefing, when Deputy Ryan arrived at the .scene, there was no mention of the S threatening to harm himself or the child. There was also no mention of threatening responding officers., All of the sightings of the S from the rear of the residence were silhouette sightings through window coverings. At the conclusion of this incident, Sergeant Woolard checked Deputy Ryan ' s weapons. End of interview. ` Inte-rv, _' Deoutv:Mike Cambisi - Interview was taped and is paraphrased. Deputy Campisi was 'assiq-rigid o`tValley.. Station;_ Patrol Division,. Evening Shift. On 4/19/95 , on the evening shift, Deputy Campisi was assigned to Beat 11. Deputy Campisi was in the Central Walnut Creek area when he was assigned to respond to Anderson Way. Sheriff ' s Office Dispatch requested IW24 and . 1Y11 to respond to Anderson Way on a subject barricaded in a house. Upon arrival at Anderson Way, Deputy Campisi saw Deputy Ortiz ' unit parked at Arthur Road and Anderson, Way. Deputy Campisi parked next to Deputy Ortiz ' unit and saw Deputy Ortiz down the street in front of a vehicle. Deputy Campisi then contacted Deputy Ortiz at that location. Deputy Ortiz briefed Deputy Campisi about the situation. Deputy Campisi was told this incident started the day before when Concord P. D. had responded to Mt. Diablo Hospital on a possible child molest report. Concord Police Department contacted Sherif f` s Office today about this infoi.'mation. D+t Dt C}� prx pL po psn DY D hwari4,p+RCn D+^r« Q►a.00acs p sw []ta.+++« D0= t Tova titraMr ti De IDI'-et ate:, ❑o­ot.C*C. p mm'.»p"o+ S -�"-c7--}'' ,S' _]O�nK ,i A�Rr.••!iW+Ir.!p'rr+4 xv i.+f.r•«c ti oyer 22 N L n��d -- -.._----- ____ � -------------___ ----- 17) j�coravwaw COH'TR....'_: OSTA. COUNTY SHERIFFS DEPA.RTME:... . :.I1o0T0000 22 j sw, anr.� po: Box sit,Martirwz.Callfwntk 94W-tu39 L OR w. 95-10679 Z cam.. a c ►.c A.D.W. z. -W, I.Brigitte x car o.� , c ,.►r 4/19/95 22325 !.Aoa^ws t UW— •rg"""'M -a f.+ro��t ldrenlC�F.W 222 AndersoTI-Way. Martinez, CA tl.ItapKtY Ovwvewr . *++c+ov}dod.P-K-- td PMN* ,LW,Stas -aw"mwfTtbr.AAlWo.ouan*y. WcOO Nv tW.S-W N„ftW.{f*. +o D+aaV^t bcrL Lo"b,, Mc7w�Ukan Ww 6 dud+Tow Lo"-LXT It POU.0 AK#G OPIDER A.?C VTWCx►kur tP.*W&ftr.G Gtior`umo.Fum C7 yv%-C�w U Crw ftvkw�ry A&". TTL V'; 4 S2.lLcrrlrs[�'*�s++'?i Sl Ha+t7tl1/fiawrrna Deputy Ortiz was contacted today by the wife of the S, and she told him the S had made her lie on the floor while he looked through the house. Deputy Ortiz said this occurred -- on Tuesday, 4/11/95. Deputy Ortiz attempted to contact the S after talking to the wife. Deputy Ortiz knew the S had a shotgun and had a child in the .house with him. The S closed the front door on Ortiz when he attempted to contact him. Deputy Ortiz then backed off. a Sergeant Fulwider, at this time, arrived at the scene and assigned Deputy Campisi to position himself at the rear of the S residence. While Deputy Campisi was trying to make it, to. the rear of the house, he saw that Deputy Ortiz and Sergeant Fulwider -were -attempting to.-recontact the S- at. the front door. The S had opened the door slightly and then slammed the door on them. Deputy Campisi then went through a field behind the house. He positioned himself on the roof of a shed in the backyard of the house. As you face the front of the house, Deputy Campisi ' s position on the roof of the shed was in the left. rear yard. The windows at the rear of the house _. were covered. A kitchen window was covered witha bamboo type shade, and _Deputy Campisi could see through the shade into the kitchen. While Deputy Campisi was at the rear of the house, .he heard radio traffic and heard Sergeant Fulwider ask Dispatch to call the S . At this time, Deputy Campisi advised over the radio he could see the S was using the phone. He said the phone was in one hand, and the shotgun was in the other hand. This was while the .S was in the kitchen. Deputy Campisi saw the S numerous times. Each time that he could see the S, he noted the S was armed with a 'shotgun. Deputy Campisi ' s position was approximately twenty feet from the kitchen window. Deputy Campisi said he felt he was n^*+++r Q L] D wwwt p PLO. p SMC x Repos"Dwv r t►VW%Q S1. T..r VWM w C* ❑r..sr C.ss:n 00- Uic. p marr'@ H.or Sergeant I-, n fiS S` n V&AOWV.q swr. rr.,4 za a.w.Mo, t1 o.ti 22 h nynz- cohr .Awuh" Y tHER2FF'i DEPART_MEYf'_'.A0070W0 Saw 22 p0_Boz 391:svlsrtil,.z.GRtlsamaa 94W­-Cf-­' �1 nC, a�,.. 95-10679 tco.. a cnm. eo.t«+ A.D.W. R.E�iw+o�*s Ira 1 7HR Brigitte :.C.4% / + D 222 Anders Way. r - T �t.hop"0860Ir++M t,pt;wftc*V'S. .Fina-4 Lo1K$z>'VC5-ham komtW.Ae%CJR.0,41%%.A-yrfiQluy /L{,►tyJ(i."'CXK!RiCd4t Nur+'ts,S+K'iy Pj.XfL`NR'.L(��MLt1"'40t1.�DC'1UG+1 w-sa r T&kst.Ww&Ock4o Tout Lacs.LIV IN MUZYM4 O+t'�R X}C.xrK+cr.NOLK.R.b�Orr,C;CkAhirp,furs Ci VVUC�OK Q V%C* 6464V++*M n M+bo.TY&.sec:. Q)FYrnsx i�F1ca s sr#d t3t+eK�e wwt si.RK.iOrK7�Ih1KMe�= it Na+rRe«s 1 irtrrs+rrr 4" compromised too many times while on the roof of the shed ' and he decided to move from this position. SWAT Team personnel had arrived at the scene at this time. Deputy Campisi then positioned himself in a neighbor' s backyard. He was there for awhile and was then ordered from the rear of the house. Deputy Campisi was then ordered by a SWAT Unit to respond to the Command Post. When asked about his compromised position, Deputy Campisi recalled seeing the S move the blinds in the kitchen with the barrel of the shotgun, and tris was when Deputy Campisi was on the shed roof. Deputy Campisi said the S looked at and.- it was at this point that he felt extremely compromised, and ' he took bette_",cover. - Deputy Campisi was inside the Command Post when he heard the shot fired. When the incident was over, Deputy Campisi was told to sequester the shooter. Deputy Campisi then drove Deputy Baeta to the Field operations Building, and Deputy Campisi stayed with Baeta. At no time did he discuss the shooting with Deputy Baeta. ` Deputy Campisi ' s weapon was examined by me. Deputy Campisi ` s weapon is a Beretta, Model 92F, 9mm, Serial nC83984Z . This weapon was fully loaded with one round in the chamber. There was no evidence of a gun being fired. End of interview. Interview -. Deputy L. Houle - Interview was taped and is paraphrased. ' Deputy Houle is assigned to the contract city of Danville. His present assignment is DARE Officer and Investigation. Deputy Houle was at home on Wednesday night, 4/19/95, when he received a SWAT call-out on his pager. This call-out was at approximately 2125 to 2130 hours. Deputy Houle called 0126 D� DC T]w DD pL no D$A 0 D"-wa"5a4 n ylm ❑�"W_, Dj" [DCWW D h+.+Vj ck_ n.C:t D Oadl []K0. n SHC K aooa+r.sour,P-10 ,T.oea.,7+M+tie wr u a.: D+load o n 0011*.a«G. D 004,1W ser¢ean t J, Kautqon L]C» .a,yK,.. 3rd..I►t*+n 2V 9,0W W►.b x, Cow CONM,-- tSTA COUNTY SHERIFF-S DEPARrMV 7-)00070000 Dw 22 t Box 391.Martinoz,Canfocria 94553-V,.- D HPO 95-10679 t c o.i. i Grs*wtCtr�an„cw,rn A.D.W. 2. Z.3b LHR EG Brigitte T.ckr one.�«.«n ►. wo D _ ) g 4/19/95 I.+bore/L.c. •c.+ ryp..F.►q 222 Ander n Wav ar z '!i.har,Ktr AaaY�trt b"Cxwn ad.R.cv�Fa x+d Low to4w+-hwv%ko tw.Amen,Ovaripy,E►ar+d/b(ika/L4ar+u(at4xrr t mod* fi6.+rrbW.Lfb-:* nK.*ut Dwc*voc+ti Lacrwn W,fA"hirn Wvk Vck+ Tota)Loa-LST#4 FOt.1,.DMP+G OR.XPL N C.n.ncx Nms&t:.*wph7 P FWt o7 ver,:*W Q M" NvOlw--}1 R&O a.TVL� a)FYs}rx,t tq lit+us Q G cc+aK I t 12.&0=W -"P+t{„"i Yl harMlys I fiaMnws ! Dispatch and was told of the SWAT situation: He was requested to respond and report to the Field Operations Building. Deputy Houle ' s call sign for SWAT is 1012 . Because of car problems, Deputy Houle did not get to the Command Post until 2345 hours. At the Command Post, Deputy Houle met with Sergeants Woolard and Gilbert. Deputy Houle was told to stay in the Command Post. While, in the Command Post, Deputy Houle was listening to radio traffic. The first transmission he recalls hearing while in the Command Post was Deputy Dahlstrom reporting what could be seen at the residence. Deputy„ Houle heard Dahlstrom saying on the air, 'The subject is armed., _,.:The slibj ec�. ;is go. ng.::into.;.the house. ” He also heard Dahlstrom say the subject has his daughter with him. He also heard over the radio the subject is .on the front porch. The only assignment given to Houle was when the incident was. over. That assignment was to monitor radio traffic while at the Command Post. Deputy Houle said that he was in the Command Post when the shot was fired. He said he did not hear a Delta Order prior to the shot being fired. Deputy Houle advised that he never did see the S , nor did he ever see the house where the SWAT situation was , as during the entire incident, he was in the Command Post. End of interview. Interview - Deputy Vic Fernandez - This interview was taped and is paraphrased. Deputy Fernandez is presently assigned to the East N. E. T. Task Force. Deputy Fernandez was at home when the SWAT page came in, at about 2115 to 2120 hours, _ Wednesday night. Deputy Fernandez' SWAT assignment is Entry Team using a Benelli shotgun. i i D Da r--)DC DL Da C)$A Dv 01,-... *— D wo. D K.,,«er-, D b,r. p Ct ww D PM"*,Ck ]-)A= D k.r� D wo. p s+yc ,c *I o+p�,t+h►+o ar.a... z w,�s a o.o ❑' 'civ.•+ p a■*w.oti. D u..x..Ptia oa Sergeant J, Knlirson__ 'lS sS L? M.Ar.r.•.r+s i.+►..i►+*+C_ _ 20 I'+.+ar.ttio. Si.Dow _ � 0)0;x 0127 Vic + CON7R.,. ,TSTA COUNTY SHEAV`E'S DEPAATME :: •.A0070000 22 P.O. Box 3S1t,Martir4x,California N5S3-OtjsSi D HPC r i aR a• 95-10679 t�c.�r 1 c.,.�.,c..s.�cr., ..= H�R�FF�Ga, Brigitte T c�4 9/95 i E �. D 22325 e.Amsft r tx. 'noc'e'v'a. xi&,*c+a'r ftfww p.,F.►G 222 AnderEon Way, Martinez, ,�.rrao"o,WwWC lryaovr4od.Ncow-of.FoLr4 to r.9isn-Mn Numbef.APVCJI.Ovam*y. 0060(Nombw,S*rW Nw .t w.t t--*M&"KXA DWCrpt0%LbCaw,+ wsws T&kset%W6w k4 v Ta-W Lows-UtT N fouowp*G DKDM N CvVW%C)L Noc L xl.*. Ikrr P a *Imo.FWL D)V*S-o�w 0 oft=tsw+ TWT ry R+ab.rVL src: a)rk-w us K ode 00aas;I wFc. u.Rrcao..-W hap"i tl N+rrs1.,r aiati.�,.rr Deputy Fernandez responded directly to the Field Operations Building. When Deputy Fernandez arrived at the Field Operations Building, the SWAT van was loaded. He was - assigned to drive the van to the scene with some of- the SWAT Members inside. Deputy Fernandez ' SWAT call sign is 1017 . Deputy Fernandez drove to the scene and parked the SWAT van in a driveway of a commercial building on the south side of Arthur Road. While there, the Members loaded up and got their equipment ready. Fernandez then moved the van to the other side of the street. To get ready, Fernandez checks his gear, including his weapon and his radio. Deputy .Fernandez,.;.l,pade „his shotgun. at the scene with four double-0 buck rounds and one 'sIug round. The°,slug :Lr,_ou id .�zas the first round .loaded, so it would be the last round shot. Deputy Fernandez- said there was not much lighting at the van while it was in the driveway. . Fernandez was in the back of the van when he loaded his shotgun. There is no light in the back of the van. Deputy Fernandez used a flashlight to load-. his shotgun. The shotgun_ rounds used at scenes are kept in red canisters. The red canisters are always kept stocked. There are green canisters that are used for practice. The red canisters contain the following ammunition: 9:nm rounds „12-gauge shotgun double-O buck and slugs, and ferret rounds. Fernandez knows what a breaching round is . He has never fired one. Fernandez thinks the breaching rounds are kept in a zed can for call-out purposes. Fernandez also knows what flexible baton rounds are. He believes these rounds are kept also in a red can. Deputy Fernandez has never practiced with a breaching round or a flexible baton round. He has seen these rounds used in a demonstration. god DS Do DDE DL po pa+ (]v D t+....Q.*o*+ D Y+a. p w.a„u D A,,, D c�.ww D�+, c,�- D ALS p W%wj p R.o. []SMC - x Ardor"DMOr tr*w_w -- ,r.Do" vwswl D P- c.r..:r, D a-+a.ox. j]w a Ser cant - - ' k A_PW -"UP-Pr Q to ivir.Ma n.Dow � 7CcnKr+z,rian CONTPJ #STA COUNTY ZHEP2FPS DEPARTME?'` _'A00700M 22 e.C.Box-3ST'.Manir4a,C.ankxn-da gd553-G .� ❑woo ❑a►nr�c t at«d. 95-10679 zL4�hcp.. a czvr.Ic.w. r, A.D.W. a.000-. 1.i. 2 r 5^ z - Ht*6& .GES, Brigitte 7.a 4/9/meg 72125 2 Q t./.*0rvm I Las_ •elo"rra'" f0 4apoa I H+mr Qti F.W 222 Anderson Way. -Marti neL. r+i�+o`+^4rE•r�.Gaw-ws fov+a.Lo+k St�+.r,.ll.n+r+tawr�sbts,,�^ssds.t?wn�r,.br,naiuil,Ii+tawc.rsti,rw••:uab.�►iwmr�«.s.-I,ir N.X+�«•u�p�.cr,c�cr,iso• Veho-1 hlar�Wm,tvOvN Total Law•LICT Ft FQ it:MP#G O+XPL AJ C,0TWtC'X NptaL P Gtiar+iP .FVM D1 Q CV c EQIAP-+r'ic.tl Ma".rVL w~. iXi FYearxt,hC h�a�.�r�.-*C 6oca�c:1 fhsc 12.AACC-V a-"ft*0 X i II NatsaIwe I iiatrwea { Deputy Fernandez reported to Sergeant. Gilbert at the scene and was assigned as an entry team member. Deputy Fernandez positioned himself on the east side of the residence next to a fence line. This was to the right of 222 Anderson Way. Deputy Fernandez used the fence between the two residences _ for. concealment. This fence is approximately fifteen feet f from the -side of 222 Anderson Way. Deputy Fernandez could not see- the S from where he was positioned. Deputy Fernandez heard other Deputies on the radio describing what the subject was doing at 222 Anderson Way. Fernandez heard someone come out of the front door and then heard_ Deputy Costa talking to the subject. Deputy Costa was telling the subject; "This ism ' t the. •gray -toa esolve the situation. " The subject said something regarding he did hot want to talk. This happened more than one time. a Over the radio, Fernandez heard the subject was on the phone with negotiators, and then he heard that the subject terminated. the call with the negotiators. Also on the radi'c�, he heard the subject was observed walking back and forth with the gun. Fernandez then heard over the radio the subject came out of the house, and the girl was seen by the designated marksman, and the subject then went back inside the house. Negotiations then resumed and were then terminated again by the subject. The- subject then came out alone and then went back inside. He then came back outside and had the little girl with him. Deputy Fernandez heard a designated marksman say he came out with the girl and heard the girl talk to Mike. The male S was heard saying, "Is my wife here?" . Shortly after that, Deputy Fernandez heard the report of one round going off. When the shot was fired, Sergeants Gilbert and Newman were with Deputy Fernandez behind the fence. Da Qc C)C* C)DE QL Qo [3M [jr D r*.--rvs+o.+ p Y,c. p►ta-,arc, [�,k,,, p W.,,nw Q r'""Ok Q ACi CIN-WI ©DIO. 080,C 1C +1 0"-*r F*_1Q .17.Dom ,T~WrAW it Q^�'O+aM+►'^ Q.C~.O«c. Q Wr.w Polo+ Sergeant J, KnutsQll_ Q a."' n.A#W- +t SWv.#Pimp xc i+qr.«b. n.caw . _._._----------______-__ -1C 1romwe + CONTRA ,;TA COUNTY SHERIFFS DEPARTMEI,/ 0070000 i+ah 22 P.O. Box 34'5,Martirat,Catitoml& 9.4553.0p,,,, 13 HM _ CD a�M. 95-10679 z cam. i c .,ca.�..r,..., A.D.W. a. 2- T7 _e H' x Brigitte r.c.4/19/95 Jj + +pr+»►»� II 1.A40—!UW_ 'notsrrrir�oa Xl iuMpticti mw"*Q..F.W 222 Anderson Way, Martinez, �t.hopes Dwv ap*+rc . tf�-.?uhCSFQ,MCO7 M�F--4 Loa St:- +-M+++Na11TC+ft.�"SiC1i.C}tµhRr.6rsn4�idiiy li.4nJtsc XK i tiacl�N%Whbw.sa m P*.rMC K.W*_-*i.MOK.t Deivvt..r Lt"", vehr Ukm Wvau Vv*0t TaW Low-ur!1 FOLL.Ovm4 OR-1>ER N Curr0rC)L Notre tJ.W.*r'A C�00�rv.Furs;D1 YVI-w Q 0MC4 EAS r)A66.0,TYi sem; Fernandez , Newman, and Gilbert then went to the front steps of the porch. Fernandez went up the stairs . The subject was on the floor in a seated position on the porch. His back was against the wall , and there were no apparent injuries. Fernandez heard the young girl scream. The young girl was shaking. She appeared to be in a trance. Fernandez grabbed the girl and removed her from the porch and then returned to the front door. Fernandez could not recall seeing the shotgun the S had while he was on the parch. Deputy Fernandez , Deputy Burt, " and "Se.rgeant Gilbert- and .Deputy Gordon and Deputy Bradley, all members of the SWAT Entry Team`, entered,: thd'` residence,,. The residence was searched for other persons : None were found. Fernandez went on to describe ammunition canisters used by the SWAT Team. The red canisters are used for SWAT call-out. They are not used for practice. The green canisters are for practice and storage for equipment, such as batteries. Fernandez thinks that ferret rounds may also be kept in green canisters. Fernandez recalls seeing a green ammo canister marked twelve-gauge stun bag. He believes that canister contains the flexible baton rounds . He also said that this canister may have also contained breaching rounds. When the canisters are loaded into the SWAT van, the canisters are kept on the floor. Deputy Fernandez recalls seeing both red and green ammo canisters in the van at this SWAT call. Fernandez is not sure, but he may have used his flashlight in the back of the van to load his weapon and to locate the correct ammo canisters. Fernandez ` sidearm was checked by me. His sidearm is a Smith & Wesson, Model 5904 , Serial "TLL9374 . There was no evidence of it being recently fired. Zb~ u A.A. wt wk»r� 0130 L?* DC CPA DDE DL E)O psn DY ftrWti CIL D ACTS D Ir+MtM1 p R0.- D S C x AwpOrfrlt OrWer p„nQ IT.Dow ,T~WNW u Ov Ser cant C1o"'r .. Aprrs.+++�!<+A'+.1hnQ m s.,.r.f.o. tt,Con zz a n CONTPLA. _ STA C U TY tHERIFF S DEPARTMD? ;AD070000 m.,t 22 j s,�oo+• +®•� - P.O. Baas 341.-M&rtr4z,CatuomLa S34553-X,4 __ -v p HMO p 95-10679 L 5&c4"* 1-c� C 4.Dyer+,. I D S A �.Nvc�oaa ��t1 A.D.W. r r.pAft-16.Or* 1 i.Emo+or+n►+� L] H�R�Ab!a. , Brigitte 4119195 !.Ad*-V"t •nca..... a -a&,*Poe&Nwn.e CL-r.K 222 Ander5on Wav, r ' it.htpr'tr D�wwcr'1�«t " *O wh6wd.Fist.Fo.-4 Lw,S%o�•%wm kwni .AMC*QutnRy.&r"/LUU1Lter%KLCtXW*1 14460 M+mbwr.S+nat NuTt)W.Ltk htr�ec7ut C?w�cryocrt lAcab. 1t4,.rt 7 xam.Ww,trO� Tata!Low.LCT!d POLL MNG Oa!DfA A)CurTsncX►+ocaa p.►wd*y'q G�or+�r+µ Fur: 01 v,r.:�c to Orsae��*w+t r)A&",TYt tr: '? a)FkswrM 4 S06&r+1W 0000L i Makc. Deputy Fernandez ' shotgun was checked after the incident by Sergeant Woolard. End of 'interview. Interview - Seraeant Mike Newman - Interview was taped and is paraphrased. Sergeant Newman is presently assigned at West County Detention Facility, Morning Shift. Sergeant Newman was on his way to work when he received the SWAT rt? call-out.. This was at approximately 2112 hours. Newman contacted Dispatch .via his cell phone. Sergeant Newman is assigned as an Assistant Team Leader Entry Team and is armed as an entry member with an MP5 . When Sergeant Newman arrived at the Field Operations Building, Deputy Thorsen had �-. already arrived and had already moved the SWAT vehicles to the- loading area Lof the parking .lot, , Sergeant Newman went to the Armory and grabbed the push cart and too} the Cart •tor the SWAT van and loaded it with the call.-out equipment. After getting ready, Sergeant Newman waited for more SWAT Members to arrive. Prior to responding. to the scene and while waiting, Sergeant Gilbert arrived and took charge. Sergeant Newman advised the SWAT call-out equipment cart is pre -loaded and in the Armory ready to go when there is a SWAT call . Loaded on the cart is a 37mm canvas bag containing flash bang holders, 37mm vests, baton rounds, and boxes of flash bangs ; also, a gas box wit�a gas rounds. There is also a radio box that contained SWAT radios. The ammunition canisters are red, and they are designated as call-out ammunition. In these canisters are 9mm ammunition, . 308 caliber ammunition, and a variety type of shotgun rounds. Sergeant Newman recalls a can, of unknown color, that contains twelve-gauge stun rounds. He recalls loading a green can onto the van off of the cart. Sergeant' Newman staged his team upon arrival at the scene. The Team' did a weapons check and radio check, and he handed out equipment 0131 D' OCCCA CDC DL Qa C)SA pv spry v+�. p►�.►�,, p,,,. p e�..�ew� JJ��Y Ck Q Ai= Cl~I Q RO. D f�h� 10L AMPW"04"T 1► 17.Dor /To"s s99W Li c U pow a capft- D ca.ta"0*_- pow Sergeant J, Knutson- rj.D.= tt �OO70C�G0 D►� 22 COKTRA' STA C-OUNTY &HEPlFr& DEPARrMEI"' t.0. Box M.M.Irtiruz, Cat(i OMI& IWIM-M-,­iC Z x c y,,..c,,,,t.,�y..., s.cmeftw 95-10679 A.D.W. r H"AI�x, Brigitte C t e g 4/19/95 22'M t.A40-SM/LJK_ `noa..U." 70 M trrTr rt. F.W 222 Anderson Way. Martinez.-CA it Ftop"Dr�ayrMes 1�+vxrvr+csrd.Kaov+ d FM-du las.Stab++.!om Nurnbrtt.A Oc*O%Am*y,Dr"/M(aU fV4r.6K vr't 1.LOOW ti%Ar .$WNW M.er6r,Lrk�iar.�c�w bwatrpo�rti tausa, % we UkArr Ww,k* A Tout tow.L T kt FOLt.pw 4 Op.Xk Al C�rr«xc) MMM Q CWq-.Irq.Furl Dl w++<kIC Q O CO 64VOTwa.F)n+6-0.Tka,M. Cil Fh►rrd.K M-s. NC04 G*Odk MW6P_. t1.Rrcc� rr�[F4saw�f S 1 ►+a✓rii v� !bu Urtrrft as needed. A weapons check is to examine the weapons to make sure that they are loaded. The staging took place in a driveway on Arthur Road, near Anderson Way. This all occurred at the bread truck van. After staging, the Team then went to the Command Post, which was across the street. Sergeant Newman, along with Deputy Fernandez , escorted Deputy Costa to the 3 : 00 position at the scene. Sergeant Newman then' moved Deputy Costa to the 9 : 00 position at the scene. i i At this position, he left Costa with Deputies Brown, Thorsen, and Baeta. These Deputies were behind a blue truck that. was. ..in the driveway area in front of 222 Anderson Way. When moving back from this position, Sergeant Newman saw Deputy McKeand lying prone by another truck near the driveway at 222 Anderson Way. McKeand was told there was enough coverage at this location and was told to fall back to the Command Post and wait for another assignment. Tactical plans were then developed at the Command Post to extricate the young girl for her safety. Another plan was made for slow entry at two points . At this time, radio traffic was heard that the subject was coming out to the front porch. Sergeant Newman then movee to the position of the 3 : 00 side at the fence at the house next to 222 Anderson Way. Radio traffic continued, and -Sergeant Newman heard the subject came out with the shotgun and then went back in and then came out again without the shotgun. He then went back in and came backout again with the shotgun and the child and then went back inside. The subject came out with the shotgun, set it on the rail and then engaged in ' conversation. He then went back inside the house with the 0132 ❑i DC CIC` D0 CIC CIC) C)SA CIY . II�,.+.�«.�+ D vac. ❑K.�, p,,,,,, p c�.+.r D '7 Ck n ACS D M+bil [�RO. [�tFi" SC AMIPCK 0 V !*T��+J 17.Dow /Ter*vwmwJ G p c..A . Ser-e-ant J. , {> 95 rl.Cow ; F =C , CONTRA SLA COUNTY SHEFUFF"S DEPAJRTMEk�_ :A007DOW p..j 22 P.O. Box 341.Martir4z, CaUfor as 94S5340__. ❑ ❑ 51-10611 Z ccw a r .jca .., ..o+�•+, a t n»�... ! A.D.W. Brigitte r.c. 4/19/95 !.A40—I LAC- -r> a+or IQ a 222 Anderson Way, Frop"0000V -C kN>o.jr4 d.Mcvwtd Fo r4 Lost.SLAwm• Man Number,Arse-Je.O"m*r.br"/LWA ISA&r-AW*s mod*N-Mbw-SwIld 5� � �Dfl ves"T&Lw.%Www rK:iva tow Lor.•L�L'T rt FQ 2.C*1NG OADEPI A4 CC rrsrcj.Nouc.X.�r•wor.q CLwr+ry Ql Fi-sarrnt K No-01464 a<rooe wac 12.RrCorR`e4 Rt�ry: 13,rtarr't!w!iLltr►r+rrra shotgun. He then came back outside again with the shotgun and the child, and there was more conversation. Sergeant Newman heard the S saying, "Is my wife out here?" . The S then moved forward and then Sergeant Newman heard a round go off. Sergeant Newman noticed. the S go down. Sergeant Newman then responded to the front of the house and instructed Deputy Brown to handcuff the S . The rest of the entry team staged at the front of the house and then made entry to search the house. From where Sergeant Newman had been positioned during the incident, he could see part of the porch and shadows going -in and out- ofthe house.. Only part of the conversations of the S and the negotiators was heazd ="by SergeEnt .:New-man: When Sargeant Newman got to the S ' s front porch, the S ' s shotgun was laying on the porch near him. Sergeant Newman covered down on the S , and Deputy Brown. cuffed him. Sergeant Newman thinks Deputy Thorsen removed the S weapon away. from .the Sand unloaded it. The S appeared to be unconscious . Sergeant Nefrman .said the lighting at the house was as follows: There was a porch light on, and there were interior lights on, and the front door was open. Sergeant Newman said the child was pn the front porch. Sergeant Newman does not know if the S verbally threatened any of the officers present or pointed the gun at anyone during this incident. Sergeant Newman' s sidearm was checked. it is a Sig Sauer Model 226 9mm, Serial nU353514 . There is no evidence that this weapon had been fired. End of interview. Interview - Deouty Chris Thorsen - Interview was taped and is paraphrased. Deputy Thorsen is presently assigned to the u �+V 4133 D« Dc CIA poE QL 00 ❑tA Qv D��«+ D Ybe p israo�es p.ay. p C..w D w* Wy CAL L]Atm D~I D R0. D 30C FSer Awo+"Dm%*Y MT-4 tr.000 �T" W 14 _ p m Poe ggean t S.r*r ..�►r�+o sn ate.mc. jI.oss zz b 7 cormevresa+ CONTRA". STA COUNTY&HE;UFFS DEPARThtEh `A007DOW 22 S., rai P.O. Box_39't,1.SartJnez,caniornla S SS3•U4.�++ D WC ❑�r:sac `7 ie..-'95-10679 i ct.oe x c�,m./Crcn�+car.n A.Dssa:�, A.D:W. I. Leo k.w. T.Dak 1MF+«t �.En.o+or+e►w D Hc'' F` c" Brigitte 4119195 1.AGprtepa/LIt. l0.L.MO* f&►iv+M jL F.Irlj 222 Anderson Wav rt ' I I.hop"D ba vewt - 1+�wvnosKS,XK,01-� Fmr4 Low,S ti•4sm Mombei,AryrJt.Owntry,br"ILU,UIVAPwtacWrw*s►lads+N*ombw,Sw%W 4--Its.,idkc U"Pou D.avvbcrL Locst.o. M t+sr!Tatar!'alva t+citiC.l Tota'Lona.LifT►!FtkIUMNG O+IDfR A)C.1Tar+CX imm t}.*,.*7 A Ckw�i^F FwL DI Vol,<4c n Oft"bium w+t F)A&4.0.TYa,vc_ :V cu rev&Ms.K 40-�00001L;4 t2.R.oa..r.t P*apwV1 i tX N&,rsl.a/sxu0„e9 M. D. F. on the Morning Shift. Deputy Thorsen was enroute to work when he was paged of the SWAT call . Deputy Thorsen responded directly to the Field Operations Building and contacted Radio by phone. Deputy Thorsen ' s SWAT assignment is a tactical team member and uses an MP5 as an additional weapon. Deputy Thorsen ' s SWAT call sign is 1018 . Deputy Thorsen was the, first SWAT Member to arrive at the Field Operations Building on this call-out. Deputy Thorsen ' obtained the keys to the SWAT vehicles and started them and i moved them to warm them up. Sergeant Newman arrived after Thorsen arrived and loaded the van. --T-pie 'SWAT_,etruipmen t is -pre-loaded „on a two-shelf cart. Deputy Thorsen doesn 't know exactly `what is- inventory. s inventory. Deputy Thorsen is also authorized to use the Benelli shotgun as a. SWAT Member. The only ammunition Thorsen has used in training on the shotgun is bird-shot double-00 buck and the twelve-gauge slug. Ammunition used for SWAT call-out is kept on the cart in red boxes . Sergeant Newman loaded all of the items off. of the cart into the van. Deputy Thorsen recalls having someone demonstrate both the breaching rounds and the flexible baton rounds . He has never personally used or practiced with either of these rounds. Deputy Thorsen loaded his weapon at the scene from magazines he keeps personally. Deputy Thorsen was briefed by Sergeant Gilbert prior to being deployed. Deputy Thorsen was told the S was inside the house. The S had been on a crank binge for the last several days. He was armed, and he had a small child in the house with him. Deputy Thorsen was then assigned with Deputy Baeta and Brown, and they were assigned to relieve Deputy Ortiz , who was at the left side of the residence. D 0134 ry Da DM j]L DQ Da DV D v+o. ❑Wroosca ❑.Jw D Owww D Pvv* r ot. L]A= D a+a,�� p Fto. Q$+C x�.ao•r s o.w*r! __Q St.Om /TV"W u c Sergeant J, Knut_c;()TI —( `-S 5 it Aow""I'".F4.-.p 20 ir+►rhe n•Con. Y2 � . i { _ Co�r+ucsor+ CONTRA__,. ATA COUNTY SHERIFF s DEPA.RWE: .AC070000 p..t 22 T+.r�si P.O. BOX 39i.MAr r,4Z,C4010Mlt 94553-00.39 ❑� !L D^M& 95-10679 L�cor i cm,01c. ...� A.D.W. ..o+..r,._ : h--------- H' ir , Brigitte �.'14/19/95 .4Or* /F1�ar, •.c ►r»w Q 1.A40—/LAW— �r,oa srvx�t 1G si.i.i+•wcS A Nam 222 Anderson Way. Martinez. rrsp�r4.a.9---wid Fovr4 Loc.She,.%W KumtW,AAL-Ja,C%Af% . N%O p ,SO%*P*a"b«.W*-^* &&*CKs DWVVU t(,p , .p„ N'twl T"Mrt Ywwk Taut Lour-LXT tt FOLLOwu G DKXPL Al C6*rwx)c Noce.L;.1rwahy C;Coe+tn4.Fwm Da wr,:cfwc C Cfte ECvot+v,n pk* . .TvIL sm. u.iti+cown-«c�'Y i ti t+arrta•�/Aarrt.r'Mt When Deputy Thorsen got to his position, the S was inside the house. Deputy Thorsen was in his position for one-half to one hour prior to Deputy Costa arriving. Deputy Ortiz briefed Thorsen, Baeta, and Brown to what he had, and he was then relieved. Deputy Thorsen talked to the. S briefly while the .S was on the porch. Thorsen was at the front. of the truck. Thorsen told the S they were there to guarantee the safety of the child and for the safety of him. The S asked constantly who called the police and why they were there and did they have a warrant. The S said he took his daughter because she had been molested by his wife and his wife ' s boss, and then he was _ ... .: : .. not going' to..let anyone: hurt his daughter again. The S was not armed at this time. The S never armed himself outside. prior to Deputy Costa arriving. The S went in and out four to five times prior to Costa arriving. Prior to Costa arriving, the S never threatened any of the officers J there. The S said he was not going to iet anyone hurt his daughter. He also said his wife ' s boyfriend is a big bucks guy in the County, and the officers were part of a conspiracy to protect him and his boss . The S asked to -see the Watch Commander. When told the Watch Commander was at the scene, the S then said, "He is part of the conspiracy also, becau$e all the big bucks guys are part of it. " The S also demanded . to see CPS . At one time, the S asked, "Why is the SWAT Team here?" . The first time the S came out with a gun, he was holding the child in his arms. He had the child cradled in his arms holding the gun in his right hand. He set the gun down on the railing on the front of the porch. The S then picked up the gun and took the child back into the house. Thorsen had radio information that the S was then on the phone. The S then came out again with the gun pointed down. The girl 0135 D� QC pa+, DoE DL Qo Qsx Qv P"�CIL D Acs D x A.Porsr+4 0" IT.aw �T w� u D.T. or ❑ate.o+�. Q r~w.,.F,.rfl+ Sergeant ( - 5 a G CONT" STA COUNTY SHERIFFS DEPARTMEJ? A0070 OQ bw 22 . .0. Boat M.MArtir47_C HIOcnla 9.45W-G ❑� ❑�*� 95-10679 A.D.W. H"AnM, Brigitte T.D*a / 7212-5 i.En,o «.►.. D !.tioora..i lac. -r>too.rr.r.oa ,a $,*Pots&r wm*tL F.lv+q 222 Anderson Way.-Martinez, M+4+wC+Q.RaCa+�r4 Fta++4 Los;S+airn-IMn+blurnprc•Mic1t.Uti+antty.b ar+6�l tikatltan rtui:xrr i 1,LoCs�µ.+Marc.S+�iaf t�rr+DK.Id +w Dfty p or Ltcasa W,-'Taxan!' wk A[*�Taal Lor-LJST!1 FOU_,, ►rG OokDEP.A)C4.- cy.NoLw IN jwws*r Q Cho iIN.FwD!4'v'+ 4 DMC* EQAP-- nt F!P.6".TVL. �{ Qy i'r�arMnt:tQ f+osarn'yd C�ocXk:��G t 2 R+rrcR r*t R ar+rrr i 11 tcarrx 1.r t ANA rr4,�rar was on the porch at the head of the stairs. The girl was asked, as was the S, for the girl to came to the officers. At this time, the S replied, "Why would I do that? She ' s not going anywhere. " The next time he came out, the S was holding the gun down. Deputy Thorsen does not know where the child was at this time. When asked to leave the gun inside, the S said, "No, I think I ' ll keep the gun with me. " Deputy Thorsen was aware that the plan was to separate the S from the child and then attempt to disable the S+ with a beanbag round, knocking him to the ground'. The plan was not to do that, if the S was close to the front door, if the girl was inside the house. If there was a bad hit, the S could t inside, and ge de he might hurt the girl Deputy Baeta was- loaded with beanbag rounds. Sergeant y Gilbert had instructed him to load those rounds. That ' instruction was given to Baeta when the SWAT van was parked in the driveway on Arthur Road. ,r. r Deputy Thorsen loaded his weapon without the use of a flashlight. Someone in the van used the flashlight to load a weapon, and it was unknown who used the flashlight. Deputy Thorsen did not watch Deputy Baeta load his weapon. When Deputy Baeta fired the shot, the S was holding a shotgun. The shotgun was pointed downwards . It appeared he was leaning it against the banister at the end of the porch when the shot was fired. Deputy Thorsen did not hear a Delta Order. The S fell backwards. Deputy Thorsen approached the S , who was now laying on his back with his hands at his waist. The S ' s shotgun was lying across him. The S ' s right hand started to move towards the gun. Deputy Thorsen does not know if this movement was a conscious reaction or a nerve s �... � 0136 D� DG Of El ❑o p$A pv D ew.r aon Q wo. Q++rr000ca 13j­ 13 0w ww D oftw'+f a4 p A= Q u+rts ©ho. Q SMC x ��*r P4+ 4 ,T.0" ,Trow ^�°ic r.;n D CW W(.0*, =J Wr.ti.F,rero+ Sergeant 7 J D o.+.r n •�+r U10'.041M 20 s,0..No rs Cam . Cor son CONTRA,,," , LTA COUNTY SHERIFrs ©EPAATMEN, a0070= Deet 22 .j. Sox 34 ,-Martr4z,C0fornia fd W-tX ❑wo 95-10679 ic�. �,r +..tce. .+ a.o.�,. �Ls^ A.D.W. t.�Zb a Ea+owr..►�., �r Ht&A6GGR' , Brigitte C* 4/19/95 p t.A60r*et t tx. - laarnrrc� t4 y,,+P•cxt t..r+»p..f.W 222 Anderson Way, r ' t i.i'rrgKtr OwatvMes }r,�cNnC�d.Awxw Fm--4 ColK t oiv N. bw K4mbw.A%cs #.0,,*A y.brs++Ot Wly!{4arutiacisx.r's MOO*hk►mhrc.Z*-4 hi~r bW,It .a DhacpOcxt Lacasa re'r UksrL Yflu",hok-a TOW low-usT K Fpc.lA►t"4 0P*EPL 4 C-,XT C)F hiOLW 9; Orr.G CIQV�J%n Fun;C 1 0 C Qat*»+",F)A+o.o,r L vc: °y;l Q)f'in.rx+a.hQ Fb►+ashry0 C1no0z;�►sm,C i 2.Mr:,7+•M-it Mirtry t 13.karsat.�t 8ii tiirR»ri0t reaction. Deputy Thorsen was prepared to shoot the S if he grabbed for his shotgun. . Deputy Thorsen grabbed the shotgun and stepped off of the porch. Deputy Thorsen then set the gun down, and someone on the porch said either secure that weapon or clear the weapon. Deputy Thorsen then unloaded the weapon, as he thought the person said clear the weapon. Deputy Thorsen then placed the weapon on the ground after taking one round out of the chamber and one round out of the magazine. These rounds were twelve-gauge shotgun rounds. One was red in color and the other one was possibly blue in color. -An entryteam then entered the house. Someone had taken the girl away; and ; some,on'e-hadcuffed :the S . ,When Thorsen had stepped up onto the porch, Deputies had rol"led the S aver; and there was a pool of blood under him. It was at .this +_} time that Thorsen realized that the S was injured. When Thorsen saw the original shot hit 'the S, he thought the beanbag really hit him hard. Code 3 Medical was requested, and they responded. The lighting at the front of the house were two floodlamps on the house and another light at the edge of the porch. There was another light that was a motion light near the carport that went off and on during this incident. Deputy Thorsen ' s long weapon was checked by supervisors at the Field Operations Building. Deputy Thorsen then added at the end of this interview that when he- talked to the S and the S said he wasn't going to allow anyone else to hurt his daughter, the first thing that entered Thorsen ' s mind was that the S had intentions to hurt his own daughter. End of the inter-view. 0137 n• QC ODA nti£ p� po ppt []Yolrww n nom«" p a o D""o. D Aca D ! p uo. p SOC x a■of rllr o 76% T VW D+'•�+aw•+ p a.,.a.o+�. p w.+r+.P1.w Ser e an tJ, Knutson . D VC A Wwo"w.4.Pr, to iwr.No 21•Cow � --------...-....----- 0 Face _--❑Face Page CONTE, _?STA COUNTY SHERIFF'S DEPARTME' nGa10070000 get �L r'an"ati°" P.O. Box� 391, Martinez, California 9.4553-L ',3 6irDplemenvat _ - ❑HRO ❑Artest 1.OR No. 2.City Code 3.Grime/Classification _ 4.Detail 1. a 5.More 95-10679 Cen - Assault wj DeadlyWeapon 2.2,6^7('- Pers«„ )Oay I O to/Ti a of Oce rr a 7, ate/Tr Repo 8.Employee ❑ Wednesday 4-��-95 1715 hrs. +-19=35 �`V15 . }114 9.ReGassi- 10.Ad r s J Lotion of Occurrence fication ((jJerson Lane Martinez ❑ it. ❑PRI ❑VIC IT ❑MSP ❑RUN ❑SUS ❑LEAD ❑Other 12.Name(L,F,M) 13.Race I Sex 1 Age 14. DOS15.Driver License No. Deouty James Mahoney__ #42074 W M A 16.Address (Zip Coca) 17.Home Phone 18.Employed By or School 19.Work Phone Contra Costa Countv Sheriff's Office (510 ) 313-2500 20.Hair 21.Eyes 22.Ht 23.W1. 24.AKA J Maiden Name 25.Social Security No. - -J 1 26.Further Description(Scars.Tattoos,Mannerisms,Clothing,Etc.) 27.Booking or Cite No. 28. ❑PRI ❑VIC XXWIT ❑MSP ❑RUN Q SUS ❑LEAD ❑Omer 29.Name(L,F.M) 30.Race/Sex!Age 31.006 32.Driver License No. Depu tv Allan Burt-t A=30150 W M A 33.Addressa (Zip Cotle) 134.Home Phone 35.Employed By or School 36.Work Phone Contra Costa County Sheriff's Office ( 510 ) 313-2500 37.Hair +38.Eyes 39.HL 140.WL 1 41.AKA I Maiden Name 42.Social Security No. i 1 43,Further Description(Scars,Tattoos,Mannerisms,Clothing,Etc.) 44.Booking or G to No. 45. ❑PRI ❑VIC XXWIT ❑MSP ❑RUN ❑SUS ❑LEAD ❑Omer 46.Name(L.F,M) 47.Race!Sax I Age 48.DOB 49.Driver License No. 'Sergeant Richard Woolard #3666$ W M A - ` 0:Address Ca(Z p ) 1.Home Phone i de 5 52.Employed By or School _ 53.WorkPnone` Contra Costa County Sheriff`s Office (510 } 646-2402 ` 5<.Hair 55.Eyes 56.HL 57.Wt 58.AKA/Maiden Name 59.Social Security No. 60.Further Description(Scars,Tattoos,Mannerisms,Clothing,Etc.} 61.Booking or Cite No. 62,Veh J Ves 63.Lic.No.(State) 64.Year 65.Make 66.Model 67.Body Style 63. Color Top ❑S ❑Vict Bottom 69.Status 70.Registered Owner 71.RO.Address ❑Left ❑Impound 72.Towed to or Released to 73.Who has keys? $tared 74.Evid, ($ Yes 75.FfP ❑Yes 76.Dispo of Evidence 77.S Missing 78.S Damaoed "° XyNo FOB Evidence N/A NIA 79.Brief Synopsis of Incident f2) (3) (4) (5) (s) ) " Distribution' Bt Additional Routing ' ❑B ❑C ODA ❑DE ❑L ❑o MSR ❑V ❑Investigation ❑Vice ❑Narcatics ❑Juv ❑Coroner 82. port ng Deputy(P' 83.Date I Time Written 84.L '❑Property Ck. ❑Acs ❑inteil. ❑R.O. ❑SHC • ingerso _�3 .Q�- J ❑Patroi Captain ❑CompL Ofc ❑Marine Patrol 85.Approving Supy.(Print) {86.Supv-No. 67.Date Other 1 FORM A (Rex 1189) 138 ❑F-tee Page CONTRA. UTA COUNTY SHERIFF'S DEPARTMEN-,_ )0070000 Beat LL M Cora' on +r,l .0. Box 391, Martinez, California 94553-C H, O ❑Arrest C L DR No. -- 2.Crty._Coo• - 3.crimelCtassi,icatgn - ._ 4:Detain 124Da PC5..more 95-10579 Cen Assault w/ Deadly Weapon 2. --PC Persons 1.Z.Day t Date J 7r or oGc rre e _ 7, ate /Ti epi 8.Employee ❑ Wednesc` `ay . : -95 1715 hrs. -19= � it715 L�114 9.Reciaaai- W.AC r s 1 LOca�On O,DGGU enGe fication Anderson ane Martinez ❑ 1t. ❑PRf ❑Vic rr ❑MSP ❑RUN ❑SUS (D LEAD ❑other 12.Name(L.F,M) 13.Race!Sex t Age 14.DOB 15.Driver License No. Devuty George Wright 443928 W M A 16.Address (Zip Code) 17,dome Phone ( ) 18.Employed By or School 19.Work Phone Contra Costa County Sheriff's Office { 510 ) 646-5441 20.}lair I 21.Eyes 22.HL 177 24.AKA/Maiden Name 25.Social Security No, 26.Furtner Description(Scars,Tattoos,Mannerisms,Clothing,Etc.) 27;Booking or Cite No. 26. ❑PRI ❑Vic ED�V{T ❑MSP ❑RUN []SUS ❑LEAD ❑Other 29.Name(L,F,M) 30,Race/Sax f Age 3t.DOB 32.Driver License No, Deputy David Brown y4+2021 W M A 33,Address (Zip Code) 34.Home Phone _. i ) 35.Emgroyed By or School 36.Work Phone Contra Costa County Sheriff's Office ( 510 ) 313-2500 37,Hair 38.Eyes 39.HL 41.AKA/Maiden Name 42.Social Security Na. ! 43.Further Description(Scars,Tattoos.Mannerisms,Clothing,Etc.) 4i.Booking or Cite No. 45. PRr ViC ❑Omer] r 46.Name(L,F,M) 47. ce/Sex f A a8.DOB T-9.-Oriver License No. Deputy Gary Arroyo m36041 M . 60.Address (Zip Code) 51,Home Phone - " Empi6ye By of Schdai - .: - ,- 53 Work Phone Contra Costa County Sheriff's Office ( 510" x `313-2500 �` 54.Hair 55.Eyes 56.HL57.WL 58.AKA./Maiden Name 59.Social Security No, _ J 60_Furmer Description(Scars,Tattoos.Mannerisms.Clothing,Etc.) 61.Booking or Che No. 62 Veh I Ves 63.Lie No.(State) 64.Year 65.Make 66.Model 67.Body Style 63.Color Top :n ❑5 E)Vitt Bottom 69.Status 70.Registered Owner 71,R.O.Address ❑Let ❑Impound 72.Towed to or Released to 71 Who has keys? Stored 74.Evid r]Yes 75.F/P ❑Yes 76.Dispo of Evidence 77.S Missing 78.S Damaged No No 79.Brief Synopsis of Incident (2) (3) (4) LF i5} _ {6) (n :.. Distribution 81.Additional Routing B L7C 71 DA ❑DE ❑L 0 [3 SR ❑V ❑in--gabon []Vice ❑Narcotics ❑Juv ❑Coroner 82 port'ng Deputy i 83.Date/Time Written 84.Disw- EJ�ty CX ❑ACs ❑intedl. ❑R-O. ❑SHC ngerso I 1 -2 -9,5'_ 12..4 0 5 C ❑Pmai Captain ❑Compl.ofc ❑Marine Patrol 85.Approving Supv(Pring 86.Supe,No. 87.Date 88.Pag Other Z FORMA -(Rev=1/89) 0139. Fsoe Noe CONTP.- , 3STA COUNTY SHERIFFS DEPARTMEW.. A0070000 seat P.O. Box 3,91, Martinez- California 94553-. 3 H RO Arrest 1.DA No. 2.City C-ooe 3.Ch" " ti ICXificaon a.Demi 1 24-)a 5.More 95-10679 Cen I Assault W/ Deadl Weapon 2. 236 K - Parlor D /D to i Ti .10 4 r-TeN-95 1715 hrs. 7.r-1e1'J-T�apo ff15 S.Employee Day .. - I V� 14 10.Adie/ ion of Occum ficator Gerson e Martinez 07 it. CD PRf Vic WIT C:)MSP -I RUN 0 SUS E)LEAD other 12.Name(L.F.M) 13.Race J Sax/Age 14.006 15.Driver License No.. Sergeant Rod Carpenter #18553 W M A J7. 16,Address (Zip Code) 17.Home Phone 18.Employed By or School 19.Work Phone Contra Costa County Sheriff' s Office 510 1 646-4494 20.Hair 21.Eyes 22.Ht 23.Wt 24.AKA/Maiden Name 25.Social Security No. 25.Further Description(Scars,Tartoos.*Mannerisms.Clothing.Etc.) 27.Booking or Cite No, 28. [D PRI CD Vic C]WIT MSP [D RUN SUS C3 LEAD TTj Other 29.Name(L.F,M) 30.Race J Sex Age 31.DOB 122.Driver license No. Baker, Janet W F 44 8-30-40 33.Address (Zip Coca) 34.Home Phone 123 Anderson Lane Martinez 94553 510 1 370-0342 35.Emoloyed By or School 36.Work Phone - 37.Hair 38.Eyes 39.HL 140,W77 AKA Maiden Name 42.Social Securiry No. 43.Further Description(Scars.Tanoos,Mannerisms,Clothing.Etc.) 44. Booking or Che No, 45. C)PRI 0 Vic C3 WIT 0 MSP [D RUN C3 SUS LEAD Other er License No. etzenTamie W F 31 Slp�- , 46.Name(L F,M) 47.Race Sex Age 48:DOB 49.Driv 8-2-63 `+O Address (Zip Code) 51.Home Phone 234.L Anderson Lane- -2033 Martinez 94553 (M 228 52.Employed By or School Work Phone, Eyes Wt 58.AKA Maiden Name 59.Social Sezurrty No. �7N -T7* U.Hair -56*HL 60.Further Description(Scars,Tanoos.Mannerisms,Clothing.Etc.) 61.Booking or Cite No. yy 62Veh Ves 63.Lic.No. T Year 65.Make Model 67-Body Style 63.Color Too S n Vict Bottom 69.Status 70.Registered Ow' ner 71.R.O.Address Cj Left lmvound 72.Towed to or Released to 73.Who has keys? Stored 74.Evil CD Yes 75.F/P C]lYes 76.Oispo of Evidence 77.S Missing 78.S Damaged No DNo -7 OI 79,Snel Synopsis of Incident (4) (5) (6) Distribution 81.Additional Routing 08 CIC 1710A DOE OL CDO DSR OV Investigation M Vice [D Narcotics C]Juv C3 Coroner 112- pollyq Deputy Tw 8.3.Date Time Wrinen 84.I ersoll OPrOPerryCk. [3ACS OIntell. [:)R.O. C3 SHC -9-5 -,40 L%. Ing MPatrol Captain nCompLofc. nMarine Patrol 85.Approving Supy.(Pring t8.&Supe.No., 87.Date 88.: Other FORM A (Rev.1/89) 7 0-140. -----_---__------- a91, Martinez., California C 3-0039 CD Hao C 1.DR No. 2.City 3.Cnme/Clamficst on 4.Detail 1._ Ja 95-10679 Gel_ 1YAssault wf Dead? WQea n�}p �j 2. � Z; 6.Day(UNIe t Tine of Cttcyr h� 95 715 1 Lt s. T Oat�9 I T SeP t 15 8.Employee:;!i ,1 Weones ay, 4 ` - 1J14 10.Addle/L�ocajion of OccuLrence =eon Lane Martinez r 11. O PRI p Vic C]WIT [3 MSP C RUN ❑sus -C}LEAD Otrie 12.Name(I. F,M) 13.Racn(Sex/Age 14,006 15.Driver License No. Hedemark, Kimberley W F A 16.Address (zip Code) 17.Home Phone 125 Anderson Lane Martinez 94553 (510 ) 372-8349 18.Employed By or School 19.Work Phone (510 ) 372-9100 ext 3. 20,Hair 121.Eyes 22.Ht 23,WL 24.AKA/Maiden Name 25.Social Security No. 26.Further Description(Scars,Tattoos,Mannerisms,Clothing.Etc) 27,Booking or Cite No, 28. D PRI ❑Vic ❑WIT C}MSP ❑RUN SUS LEAD Omer 29.Name(L,F,M) 30.Race/Sex/Age 31.008 32.Driver License No. Jerni an vette W F A 33.Address (Zip Code) 34.Home Phone _. 117 Andersen Lane Martinez 94553 (510 ) 313-8968 35,Employed 8y or School 36.Work Phone { ) 37.Hair 38.Eyes 39.HL 40.WL 41.AKA!Maiden Name 42-Social Security No. 43.Further Description(Scars,Tattoos.Mannerisms,Clothing,Etc.) 44.Booking or Cite No. 45. ❑PRI O Vic C]WIT D MSP C]RUN C SUS Q LEAD C]other 46.Name(L,F,M) 47.Race/Sex/Age 48.DOB 49.Driver License No. 50.Address (zip Code) 51.Home Phone { ) 52.Employed 6y or School 53.Work Phone 54.Hair55:Eye $6.HL 57i WL 458.AKA/Maiden Name 59.Social Security No, 60.Further Description(Scars,Tattoos.Mannerisms,Clothing.Etc.) f 61.Booking or Cite No- t _ 62_Veh/Ves 63,Lic,No.(State) 64.Year 65.Make 66.Model 67.Body Style 63.Calor Top' ❑S 0 Vict I I I I I Bottom 69.Status 70.Registered Owner 71.R.O.Address Leh impound 72.Towed to or Released to 73.Who has keys? Stored 74.Evid. C]Yes 75.F/P C]Yes 76.Dispo of Evidence 77.S Missing 78.S Damaged No DNo 79.Brief Synopsis of incident (1) (21 (3) (4) (5} (6) M 80.Distribution 81.Additional Routing OB OC ❑DA DOE ❑L ❑O MSR C]V i C]lrrvestigation (3 Yioe n Narcotics []Juv rJoixoner 82. port'nQ Deputy(Pr 81 Date!Time Written-`t_ 84.D' :_: Property ck. Q ACS C]Intell. [3 FLO. C]SHC K. Ingersoll $-13.`� 2 T� a Parrot Captain C CcmpL C1c. n Marine Patrol 85.Approving Supv.{Pring 86.Supv.No. 87.Dare 88.Page .. Other �o FORMA (Ray.1/89) 1 Y4S MRo s cr+rrr!/Gaw.t,cxt.on /' A.DeLs11 1 �5a I"�`-"' L Assault w/Deadl Weata . 2. ,'--=—__ 6.Vicrom ♦ F.M) ~- 7.Dat!On Fw A.Emee ployNo. . oz-n +berger,. Bri-6ette j Jessica 4-1�-95 - 27114 9.,rWrwt♦f Location of 'QccLrrrenre 10. Hornber ,erF Mouis 222 -Anderson Lane Martinez , AnthonyY tt.prop"ooacnpeorc hnpovnded,Reco+rwod.Found.lost StW/n-ttem Number,Article,Ownttcy,Wand/Maks IManu(acturer s Mod*)Number,SwW Number,Miscarianeous Desc, ^> Where Taloa,Vslua,ttcluo!ToW Lass-L1.ST IN FOLLOw1NG ORDER A)Currency,Notes;B) )e,.Nry C)Ctotninq.Furs:0)Vehiclwt;E)OMce Equipment:F)F. G)Firearms;HI M+Bare.ehotd Goody,t)Misc. t2.RaeovKeCt Property i On 4-20-95 at about 0055 hrs., I was contacted by telephone at my home by Sergeant J. Knutson He told me there was an officer involved shooting in Martinez and he did not know at that time if the subject's wound was self- inflicted or not. He had no further information at that time. He asked me to respond to the Field Operations Building to assist in the investigation. At about 0200 hrs., I arrived at the Field Operations Building and met with Patrol Division Captain J. Gackowski and Detective M. Fisher. Detective G. Yamamoto was also present, but as a representative of the Deputy Sheriffs Association per the Officer Involved Investigation Protocol. Detective Fisher told me he had been called by Sergeant Knutson to assist in the investigation. Captain'Gackowski told me that the S.W.A.T. Team had been called for a barricaded subject and the subject had been shot with a "breaching round" by S.W.A.T. team member Deputy M. Baeta . He said the subject was dead. :I { At about 0220 hrs., Sergeants J. Knutson, R WeckeI and J. Celestre arrived. Sergeant Celestre a was to be the lead investigator and he told me that the subject's name was Anthony Lewis ,s M Hornberger, a,white male aged 42 years (dob.8-5.-52),:wh6'laved at 2A 22rddrson Lane in Martinez where-the-shooting took place. He also told me that the District Attorney's office was sending several investigators as per the Protocol. At about 024.5 firs., Deputy M_ McKeand arrived at the Field Operations Building with some personal pr_aperty of Hornberger's which he had obtained at the hospital (see Deputy McKeand's supplement). Deputy McKeand gave me the property which was limited to a pager, a book of personal checks, a.roll of Rolaids and a medical paper from Mt. Diablo Hospital. I retained possession of these items. Shortly thereafter, D.A_ Senior Inspectors T. Leary, R. Caskey and J. Wasson arrived to take part in the investigation. Each of the Inspectors was teamed with a Sheriffs Department investigator to conduct the interviews of S.W.A-T. members and other witnesses. I was teamed with Senior Inspector T. Leary. i 7 :�g t4.0ssaibution t .Aaoivar+ai rip ps DC []DA [)DE pL 00 pSR pV p vwo ippon p vica p Nercodcs 0_hWv O coron*r p Property Ck. p AGS p Intel. p R.O. ❑SHC 16 F4 yartinq Deputy(print) 17.Data/7 mrt 1M inert [I Pstrol captain p c,0"p O+r_ p Marin.Pato) R. Ingersoll Z S /�—`Ffl S_ p ott>.r 19.Apprawinq Sup*.(Prutp. 2D.supe No. 21,Date 22.Pj FOAM a (Rev 1l89) -0142 } - c.rv - r+.rc+s.,wi,uaor, A.Dewe Assault w/Dead1v We, i a Vrcttm a F.M) —� __ I.PSLO On .Report a Empi"No. iornberger, h- Jgette f Jessica 27114 C.-Adorees/Location _of 'Occurrence- 10.Suspect's Nsrre(L,F.M) 222 Anderson Lane Martinez Hornber ,er, Anthony Louis 11.Property 0e&VVc0n: hnpovnded,Fiecawered,Fovnd.Last,Stolen-Item Nvm w.Art;Ge.Ouantlty,Brand/Make/Manufacturer'%Modal Number.Serial Number,1`4C*?tanecrit%C Where Tskari Yalm.include Totat Loss-UST IN FOLLOWING ORDER:A)Currency,Notec;6).4wslry.C)Clothing,Furs;D)Whicdec;E)office EQuipment: f Ci)Firearms:K tibwwef'Krld Goods:Q Misc, 12.A Carwed property t Prior to begi�g the interviews with the S,W.A-T. team members, Inspector Leary, Inspector Caskey, Sergeant Weckel and I drove to the scene in order to obtain a better perspective of wh< occurred prior to the interviews. We arrived at about 0345 hrs., and met with Deputy R Ortiz who was protecting the scene. Also present were Detective M. Fisher and Criminalists P. HoleE and J. Cauthen. Detective K, Daley was also present to video tape the scene. The scene was a single story, single family detached home on the east side of Anderson Lane in Martinez near Highway 680. Criminalists P. Holes and J. Cauthen showed us the front porch area of the house where the subject had been shot. They pointed out an unexpended translucent white plastic 12 gauge shotgun shell marked "Master Key" on the porch. Below the porch near the steps was a 12 gauge semi automatic shotgun with two unexpended red plastic shotgun shells lying next to it. The criminalists also showed us a blue pick up truck backed into the driveway close to the house, In between the cab of the truck and the bed of the truck, they pointed out an expended.translucent_ =1 white plastic 12 gauge shotgun shell marked "Master°Key".::.We were told that this was the location from which`e'puty Baeta fiadfired the shot which hit the subject. We left the scene at about 0400 hrs,, and returned to the Field Operations Building. At about 0420 hrs., Inspector Leary and I interviewed Deputy James Mahoney in my office. The interview was audio tape recorded and-the following is a paraphrased summary of the interview - (refer to tape recording for exact language). In response to some standardized questions, Deputy Mahoney told us that he has been with the Contra Costa County Sheriffs Department for nine years. He said he is currently assigned to Court.Security on day shift (0800 to 1700 hrs.) with Saturday and Sunday off. ,He said that he had one beer about 6:30 PM and is not taking,�any prescription or non prescription drugs. He said he was at home when he received a page for S.W.A.T. team members from Sheriffs Dispatch at about 2130 hrs. He called Dispatch and was tori that there was a barricaded subject, possibly S4.Osstribvtion 7 .AtlCn+anai uting ': pa Cc CDA ODE CL po CSR pv 0 kreoftp tion C y+cs [3 Narcotics O Jur C coroner ❑F'rngerq cx p Acs C irneii. O FLO: C SHC 16.Reportng Depwy(Pnnq 17.Date !Tire.Yvtls- 0PztraCaptain ❑Gompt.ofc pMarinaPatrai R. Ingersoll S'-2 -r?s r240 S. ❑ov+er 14.Apprarinq Suer.(Print) 20.supe.No. 21.Date z2 P Vis: — a ORM B {Fie+ 1/e4) 0143 n7:i;3 vo�rune���mUh�� ���S3-�]3B ~ E)xp«O 222 Anderson Lane Martinez Hor-nberger, _Anthony Louis it.Prop"Descriptort MVovn6ed,Ko=,rwod Found,Lon Stolon-rtem Number,AnicJ*,Ousntfty,Brand/Make/Manuf&CUirw's Mod*,l Numbof,Sofia)Number,Mh6collaneous DVSVI� with a gun at 222 Anderson Lane in Martinez. Deputy Mahoney said his positionAith the team is a Designated Marksman and it was in that capacity that he responded to the scene. He said he was dressed in green camouflage fatigues and carried a Remington Model 7.00 bolt action .308 caliber rifle (personal weapon) loaded with Federal Match 168 grain boat tail hollo point .308 cartridges. He said he also carried his p-ersonal sidearm, a Sig Sauer P226 9mm pistol loaded with Federal 147 grain 9mm certnidges. Deputy Mahoney said he does not wear glasses or cont= lenses. He said he arrived at the scene at about 2145 hrs., and met with Sergeant M. Chertkow (SWAT). Sergeant J. Fuhkider(Patrol) and Deputy M. Dahlstrom (SWAT). He said Sergeant Chertkow told him that the problem involved a child custody dispute and there was a white male in the house with a child. Sergeant Chertkow also told him that the subject's wife was next door drawing a floor plan of the house for thern. Sergeant Fulwider told them that there was repor-Ledly-a.shotp-r,,,in'the-h�-,u,--,e and .they,saW the subject'aim himself., Sergeant Fulwider said he tried to get into the house, but the subject slarnmed the door on his thumb. He also told them that Deputy Ortiz (Patrol) was covering the house in front and Deputy Campisi (Patrol) was covering the rear of the house. Deputy Mahoney said that Sergeant Woolard (SWAT Assistant Team Commander), arrived shortly afterwards and assigned him to-go with Deputy K. Ryan (SWAT), his observer, to relieve Deputy Campisi at the rear of the house. He said the c,6mmand post was being set up as he left for,his position, about 20-25 minutes after he (Mahoney) arrived. He said they met with Deputy Campisi in the back of the house. Deputy Campisi was on top of a shed at the rear of the house and when they moved from that position, the subject looked out the blinds 6f one of the back windows while they were moving. Deputy M�honey said he didn't know whether or not the subject saw them at that time. He said he set up their position fifty yards straight back from the house on a hillside near a tree. He said Deputy Campisi was requested to return to the front.of the house to show other team 0144 ° � HRO t.Detail L 5a 1.P'-�Gao. a crwn..:cka,sit.c.wn j-_, ,. VD-W679 In Assault w/Desdl Weatx 6. V"=M • F.K) - 7.Dau On .Retort S. Employee No. ornberger, Bri��ette / Jessica 4-1 -95 27114 s.Adorews/ Location of &_-currenre 1C..SuK»cVz Name 222 Anderson Lane Martinez Hornierger, Anthony Louis 11.prop"Dascnpeon: ftrp wrK*4,Racovwod.Found,Lost Stolen•ham Number.Ar,icle,Ouanttty.Brand/Make/Manufacturer's Mud+a Number,sena!Number.Miacattaneo s D" wrier•Taken,Valva,Sndude Total Loss•LIST W FOLLOWING ORDER.-A)Currency.No(es;B)Jewelry C)Clothing,Fvm;D)Y"C44:E)Off,--#Equipment:F)i G)Firearrmc;M Fibusahold Goods;Q Misc. 12.Recovered Prop"f members to the rear. Deputy Mahoney said the terrain put them on a level even with the top of the back windows of the house, with an industrial complex behind them. Once they were in place, he said he stayed there, switching back and forth off his rifle with Deputy Ryan because it was hard to keep his eye to the telescopic sight due to the difficulty of their position. Deputy Ryan had a pair of binoculars and the portable radio. He said he used.his SWAT team call sign which is 1022 while on the radio which was tuned to Channel 5. Once in position, he said they could see the-subject in the rear windows, with a shotgun. He said there_were three windows in the back and all were Iit.up. Two of the windows were covered with blankets so he could only see shadows when the subject moved behind them. One of the windows had blinds which were turned so that they could be seen through. When the subject moved behind this window, Mahoney said he could see him with a shotgun pointed up in the air. He said he never saw the subject with a child. At one point, Deputy Mahoney said Deputy Ryan left the position briefly to retrieve Deputy Mahoney's backpack which contained other equipment, from a different location. While they were at the back of the house, Deputy Mahoney said they could hear radio traffic from and between other team members. From the negotiators, he could hear that the subject wanted to talk to his pastor and blamed his ex-wife for molesting their child. They said he wasn't going to r let it happen again. He said he could hear other radio traffic from Deputies Dahlstrom and 7; Daniels who were positioned out front about when they saw the subject. Sometime after 4030 hrs., Deputy Mahoney said he heard radio traffic from Deputy Daniels; stating that the little girl was on the frontporch and the subject was aiso outside with the shotgun. He said he heard Deputy Daniels say that the subject put the shotgun down and then that he had the shotgun again. Deputy Mahoney said he then heard a single shot. He said this occurred about three hours after he had arrived at the scene. , He said they stayed in their position in the back until they were given an order to move, possibly by Sergeant G. Gilbert (SWAT),'their team leader. He said.the order to move came about 10-15 14,Disvitxrtion IS.A CUOnat unp CB CC [3 DA DDE CL Co CSR Cv l_f kr�stcg=tion ❑Yc. ❑Narcotca p kuY p coror»r C Property Ck CAcs Curtail. [)PLO. ❑sHc ls' °fbin ser o11 17.at23 kr* ra 2`�° ,aSS C Patrol captain C Cornpi.Oka C Mann*P%trod :.. C O;W 1D.Approving SuOv.(Print} 20.Suer.No. 21.Daac 22 P FORM E PAvY.1/a9) 0145 P.O. Box 391, Martinez. California 90 10039 B. Supplern�rttal HF2o . I.DR No. 2 Cny Goc. J.Crwna/Gtas.a:t.catan. a. Dazed 1 5a - 1 95-10679 Cen Assault w/Deadl Weapon - 2. I Q.Vttnm • F. ) 7.Date On .Report 6. fmployea No. �orAberMger, Bridgette / Jessica 4-1�-95 27114 9.A6eraes/Location of. 'OccurrenC-e 10.Suspect's Name(L.F,M) ^`) 222 Anderson Lane Martinez Hornber ,er, Anthony Louis 11.Property Deaaipeon: hnpourtdcd.Recz ewad.Found,Lost Stolen.hem Number.Article,Ouanbty.&and/Make/Manufacturer's Model Number,Serial Number,L iscertaneous Descripaor Where Taken,Value,ttcJude Total Lou-UST IN FOLLOWING ORDER A)Currency.Notes 8)Jewelry,.C)Clothing,Fur:;D)Vehidw E)OK+u EOuipmenC F)Rad,o. 0)Firaarmc;M f{bus+hold Goods;1)Miac. 12.Ratavered f"rop+rty i minutes after the shot was fired. He said they went out front by way of Arthur Road and met the rest of the team in the front yard of the scene. He said he saw an ambulance on scene and fire department-personnel were working on a subject on the porch. He said there was no conversation about what happened and as soon as they were assembled, the team moved to the command post at Anderson Lane and Arthur Road'. He said they were told not to unload their weapons or change equipment. He said,they were told just to- put their weapon on safe and return to the Field Operations Building. He said Sergeant Woolard checked his .308 rifle, but not his pistol. After that, he said he was sequestered at the Field Operations Building with the rest of the team until they could be interviewed. Deputy Mahoney said he never heard any outright threats from the subject while he was in back of the house and never saw the subject point the gun at anyone. We concluded the interview with Deputy Mahoney at 0446 hrs., and he was released from duty. - At about 0503 hrs: `Ir)s ector I;ezr and I interviewed another' - - p y ' S.W.A-T., member in�my office, Deputy Alan Burt. The interview was audio tape recorded and the,following is a paraphrased summary of the iriterview (refer to tape recording for exact language). In response to standardized questions, Deputy Burt told us the following information. He said he has been with the Contra Costa County Sheriffs Office for almost twenty years and is currently - „ assigned to the Patrol Division, working day shift out of Valley Station with Friday and Saturday off. He said he had nothing to drink that day. He did not take any prescription or non prescription medication. He does not wear glasses or contact lenses. He said he was home in bed about 2130 hrs., but not asleep when he received a page from Sheriffs Dispatch in his capacity as a member df the S.W.A.T. team. He called Dispatch and was told to report to the Field Operations Building. He arrived at the Field Operations Building at about 2150 hrs., to load the SWAT van and met with Sergeant G. Gilbert, his team leader. He said Sergeant Gilbert gave him a briefing of the incident and a rough sketch of the location. He said he was aware there was a child inside the residence. Dstribution 1 .AootuonalAouuiig D$ ED 1]a ❑DE pL po pSR ❑V ❑Jur p Canner ❑Po'DK1Y Ck ❑ACS ❑frxall FO. ❑bMC 1ti Fieportinq Deputy(Pring 17.Date/Turw 1'Yriaen 1t3. D CipLin p Cor Ofc p Marin.Patrol R. Ingersoll S-'Z 3 q (-L40 to.Approving Supr.(Prinq 20.Supv.No. 21.Date 22. FORM B (new 1m) 0146 +3lI! HRO Z147a 95-10679Assault"Wt'o/bead 'eaooi. 2773F L V1 F M) 7.DO 0 Plapofl EmployeeEmployeeNo. Bridge'tte J Jessica 4- 95 27114 9-xw,",/ LHca tion of &_-currenre Suspect's Narne(L.F.M) 222 Anderson Lane Martinez Hornberger, Anthony Louis 11.prop"Oq*Cn;ft— fmx ndgd,nocovvirsid.Found,LM Stolen-hern Number,Article,Ousnety,Brandt Make/Manufactufaf's Mo"Numbor,Serial Nurnbor,M401wW1»0u%Owsc: where Takers,YvJua.kvJud4 Total loss-LIST IN FOLLOYANG ORDER:A)Currency,Nolac Spewelry,C)Clothing,Fun;01 Vehicles:E)Office EQuIP"mt:F)A. G)Firommu;hJ h6usahoid G000s:I)Misc. 12.P.*C.(>Vwvd Prop"S Deputy Burt said this was of concern to him in particular because he is assigned as a chemical agents grenadier and carries a 37mm grenade launcher as well as a Heckler and Koch NT-5 sub-machine gun and his Sig Sauer P226 9mm pistol. He said his call sign on SWAT is 1021. Deputy Burt said that once they arrived at the scene, he was assigned to the perimeter of the scene on the right front of the house, in the yard next door, as seen from the front. He said Sergeant Gilbert, Sergeant Newman, Deputies Gordon, Wright and Bradley were with him. He said that from their position at the right front area of the house next door to.the subject's house, they couldn't see the whole front of the house without exposing themselves. He told us he had his 37mm grenade launcher loaded with a rock maple "knock down" round to disable the subject if necessary, but the distance was too far (about thirty feet) unless the subject ran towards their position. He said he didn't have a clear view because he was looking through a bush. He said he could hear the Designated Marksmeri on the radio giving an ongoing narrative of the subject's actions. ridito the shot being.fired, Deputy Burt said he moved to the extreme left of the house next door (same house on the right-side of the subject's house), near a yellow pick up truck. He said he could see the porch stair railing at the front of the house, but not a clear view of the porch area itself. From this position, he was still looking through the bush. He said he could hear Deputy Costa, one of the negotiators, talking to the subject, but he was unable to hear exactly what was being said, most of the conversation being unintelligible*to him from his location. He said he didn't hear anyscreaming or yelling by the subject. He said he couldn't see the little girl at all, and he could only see a shadowy silhouette of the subject from about the chest up. Deputy Burt drew a sketch (attached) of his location. He said he heard one shot while he was at the,--omer of fhe house, but he didn't see the muzzle blast. He said it sounded like the shot came from out front. Immediately after he heard the shot, he charged the house because there was movement at the front of the house and everyone else was moving in that direction. IC Dunribvtion Aocitional Aoviinq 00 OC C]DA [DOE [DL no [3SR Cy []kw�asgaion [3vice [)Narcotics 0.Iuv OCO-orw 0 Prop"Ck- [D ACS [3 Infill. 0 FLO. [3 SNC 16.PA"rung Deputy(Print) 17.Date Tana"item f��OftrolCapftin OCofrO.Ofc. [DM,&nn*P*rol R. Ingersoll 0OVW 19.Approving Supv.(PrVn%) 210,Supv.No. 21.Debt 22.Pz FORM 8 1/89) 0147 M NRC <.n. 4 o a es" _ v rvriiC:i,,.t,catan r lad,. - - t "`Sen Assault w/Deadl Wear 2.--Z37`-` 6.V#czma F.M) T.Dat+_., A+oart 6 Employe*No, oi-nerger, Br ,ette f Jessica 4-1 -95 27114 e.Aacueta t LDc-at ion of Occurrence ,o. N.m.(.,F,M) 222 Anderson Lane Martinez Hornber ,er, Anthony Louis I I.Prop"Deetnpsorn knpovn4a4,Rarorwed,Found,L.M.Sw4n-Ram Number,Articfa,Quantlty,&and/Makatb4anutacturer's Model Numbe(,Sar;a).Numb*r,Mian-Ntanaqus Drs _ Wrwa Tartan,Vali a,tnaluw Total toss-LIST IN FOLLOWNG OROfR A)Cva*ncy,No(ac;B)J*wslry,C)Clothing,Fury;0)V*h1des:E)Office EqultxnenL F) G)Firwrnv:M k6usah44d Goons:1)Misc 12.p4carand htoparty i He said he saw a white male lying sprawled out on his back on the front porch with his head pointing in the direction of the front door. Deputy Burt said Sergeant Gilbert was attending the subject_ He told us he didn't hear the subject say anything and someone, he is not sure who, tool, the little girl away from the scene. Deputy Burt said he entered the house with Sergeant Newman and some other members of the SWAT team. They searched the interior of the house for any other people, but found no ane else inside the house. Once the house was secured, Deputy Burt said he stood around for about twenty minutes until he was released from the scene. He was sent to the Field Operations Buildinc and sequestered by Sergeant Gilbert, Sergeant Woolard and Lieutenant Coggan (Patrol). He said. Sergeant Gilbert and Sergeant Woolard checked their weapons at the Field Operations Building. Inspector Leary asked Deputy Burt if any photographs had been taken of him in his uniform and he said no. Deputy Burt was wearing black BDUs (Battle Dress Utilities) with a vest holding 3.7mm rounds. We ended the interview with Deputy Burt at about 0533 hrs. Woolard At about 0524 hrs. Inspector Leary and I interviewed Sergeant..,Rluhard � , the Assistant Team Commander:of the SWAT team. The ihterview was audio tape recorded and the following is a paraphrased summary of the interview (refer to tape recording for exact language). Sergeant Woolard gave us the following information in response to some standardized questions. He said he has been with the Contra Costa County Sheriffs Office since 1980. He is currently assigned to the Administration Division in Internal Affairs. He works day shift (0800 to 1800) with Saturday and Sunday off: He said he responded to this case in his capacity as the Assistant Team Commander of the S.W.A-T, team of which he has been a member since 1991. He said he received a page to call Dispatch between 2115 and 2130 hrs. He said he had been out with his partner, Sergeant 0. Anderson, socially at the time of the call and had consumed two beers between 1845 and 1930 hrs. Sergeant Woolard said he is not taking any prescription or non prescription medication. He said he does not wear glasses nor does he wear contact lenses. During this incident, he said he used his SWAT call sign which is 102. IA.Distribvtion i&Aodt4onat AmFunq Y' nS [DC [DDA ❑De pt ❑O OSR ❑V ❑Inwaa pa tion O YiC. ❑N.arcotcs ❑Jw []Conor». Q Prooerty Ck. p Acs []Irrt*11. []R.O. []SHC 16.Repon Deputy(P 1) 17.Dau/Time Written 16.Daft Psaol Captain []Gom t.otc n M&rine P:voi R. Ingersoll ❑Otr»r i9.Approving Supt.(Print) 20.5up+.No. 27.Date M Pa}¢ ' roRM$ {F}a,'tiaa) 0148. ,a >J..,,W......,., •,•• • .svo i^ �,vun( 7 Jt1tlill r J UtrAn 1( `f c.Auu/ww Beat Suppierr»ntal P.O. Box 391;Martinez. California 945" .A39 E]HRp O M. ,.DR No. 2.Cay cod.' _ ].Cnir,e/cik"f"Uon a.D�uJ 1 4,Ca R 95-10679 Cen Assault w/Meadl Wean - 2- E.VIL=m ♦ F.M) 7.Data O .Raport 8 Employee No. ornberger, Bridgette / Jessica 4-1n�-95 27114 \ 9-A-/ Location of -Cw-currenee 10.suep.d.Name(L.F.M) 222 Anderson Lane Martinez Hornber ,er, Anthony Louis ,1.Property Deocnpeon: ' hnpounocd,Rr-o wed Found,Lost Stolen-h*m Number,Article,OuanUty,&and/Make/Manulacturer's Model Number,Serial Number,Mi 004anaous Description.L. Wtwe Taken.Value,hcJude Total Lou-LIST IN FOLLOWING ORDER.A)Currency."ac B)Jewelry,C)Clotnin9,.Furs:D)Vehicles;E)Ofhu EqulpmenC F)Radio.T G)Firearms;M H ua#todd Goods:Q Misc. 12.Recovered Prop"t He said he called Dispatch after he was paged and was told that there was a barricaded subject who was armed on Anderson Lane in Martinez. Dispatch further advised him that the subject had his five year old daughter with him. Sergeant Fulwider, according to Dispatch, was at the scene and had spoken to the subject, but the subject wouldn`t let anyone from the Sheriffs Office into the house. The subject had said he would talk to the Highway Patrol or the newspapers. Dispatch also told him that there had been a custody dispute over the girl between the subject and his wife earlier in the day and the wife was concerned for the child's safety. There was also supposed to be narcotics use by the subject and he was either high on the drugs or coming down off the drugs. He said he was told that there was also supposed to have been some domestic violence earlier. ' After receiving this information, Sergeant Woolard went to his residence and obtained his equipment. He said he went straight to the scene on Anderson Lane and arrived at about 2145 hrs. When he arrived, he said he saw Sergeant Fulwider, Deputy Campisi and Deputy Ortiz He said the California Highway Patrol also had som'd'omcers on scene for traffic'control'.''He sa>d ne saw Deputy McKeand at the scene sometime later. He told us that some of the SWAT team members were on scene when he arrived. He said Designated Marksmen Deputies Mahoney and Dahlstrom were on scene and he also believes Sergeant Chertkow was on scene as well. riefed him on the events. He said he asked Sergeant He said he spoke to Sergeant Fulwider who b Fulwider if the subject's wife was on scene and if there was a floor plan of the residence to aid them if they had to make entry. He asked who was on the perimeter of the house, where they were located and what crimes had been committed up to that point, etc. He said Sergeant Fulwider told him that he had Deputy Ortiz at the front of the house and Deputy Campisi at the back He said Fulwider told him where the subject's wife was (second house on the right from Arthur Road) and that she was drawing up a fi6or plan of the house. Fulwider told him which houses they had evacuated.. Fulwider initially told him that the detail was a Welfare Check, but. about twenty minutes later, after talking to the wife, Fulwider told him there appeared to have been an Assault with a Deadly Weapon (245 PC) and False Imprisonment (236 PC). = 14,Distribution 1i Adauonal P4ufinq []8 ❑C ❑DA ❑DE 0 ❑O E]SR ❑V Q ir,v.asgation Y�ce ❑Nareotics Q Jw O Curor+at O Property Ck O ACS II1rrtelL O R.O. ❑SHC 16.R+por^n9 Deputy(Pnnt) 17.Data/Tuna Wriven O Pa-d capain p cat,pL o1c. O Marine Patrol R. Ingersoll L -qs fl`{-o Qer Om19.Approming Supv.(Print) 29.Supe.No. 21.Dew 22. FORM 8 (Fart t/89) 0149 nu. t:ox 391, Martinez California '3-0039 []HRO 1.OR NO3.1 . A sa>.��t,on dl 5- 0679 /Deo Wea n v r>o - 2. 23 t.Yu_Om — ♦ F. ii) 7.pato O .Report S. Employee No. orn�erger, Bridgette / .Jessica 4-1n�-95 27114- 4.Awr*a•t 1Ac.at ion of OCCurrenr.e 10.Suspect's Naim.(L.F.M) 222 Anderson Lane Martinez Hornber ,er, Anthony Louis 11.prop"O% on: hnpounbrd,R&=P.Wed,Found;Lott S;04n-tram Number,ArUcia,Ouanttty,Brand/MakslManutoeturer s Mode(Number,Send Number,M440hanoous Desvic Where Takec,.Yalvt,hoed+Total Lots-LIST IN FOLLOWING ORDER:A)Currency.Notes;B)Jewelry,C)Ctothlnq,Furs;D)YehIc'":E)Otho Equloment;F)Rac G)Fireamu;H)k war d Goods:Q Misr- 12.ReCoverld Property S He said he set up the command post at Arthur Road and Anderson Lane and the SWAT van with the main part of the team arrived at about 2230 hrs. He said he believes a house on the corner of Anderson Lane had a working telephone and the resident told Sergeant Fulwider they could use his telephone if necessary. He said he had Sergeant Chertkow contact the subject's wife and obtain the floor plan to the house, He then assigned Designated Marksmen Dahlstrom and Daniels to cover the front of the subject's house from about 70 yards away. Designated Marksmen Mahoney and K. Ryan went to cover the back of the house about 40 yards away. He also sent Deputies Forsyth (SWAT), Deanda (SWAT) and Sergeant Chertkow (SWAT) to the back as an arrest team if the subject gave up. ;j The relieved patrol personnel were sent back to the command post. ^i Sergeant Woolard said that be had also asked Dispatch to have a negotiator respond and Deputy Costa arrived about the same time as the main SWAT team. He said he gave the floor plan Ser eant Chertkow had obtained to Sergeant Gilbert, one of the team.leaders, olid-told him to ` zveit to Sergeant Newiriari+so he`could set up a entry plan if it became necessary to enter the house. He then had Sergeant Gilbert make up an arrest team which consisted of Sergeant Gilbert and Deputies M. Baeta, D. Brown and C. Thorsen. Sergeant Newman's entry team consisted of Sergeant Newman and Deputies D. Gordon (SWAT), G.Wright (SWAT), EL Burt (SWAT), R Bradley(SWAT) and possibly another deputy whose name he didn't remember. .J l ~ He said his orders, up front, to the teams was that it would be a wait and see issue with the subject. He said they would be using the negotiators to get the subject to surrender and get the girl out. He said they were told it would be a standard barricaded subject routine, i.e. set a perimeter, contain the subject and negotiate. He said there was no order to shoot which is called a "Delta" order. No Delta order was given arding to Sergeant Woolard. However; the cco standard Department shooting policy was still in place, i.e. shoot in defense of yourself and others if their lives are in danger. He said he did ask the Designated Marksmen if they had a clear view and they responded that they did have a clear view. IA.Otstra rbon 14.Aoanonai Aouur q D$ [3r- [)DA [DOE ❑L ❑O C3 SR JAY ❑►r+aa4 *on [YiC.o C3 NarcoUCs I].sur o coroner [J PT�"'*y ck M ACs []l Wl. [l FtO. [3 SHG tri.Reporting Deputy(Pnnt) 17.Dote/Time YStitten it.C Pztrnlatpeain R. In ersoll o O ©corm.cttc Ll M..rine Patrol g R- 0 Other 12.Aporovinq Supv.(Pring 20.supe.No. 21.pate 22.F FORM B (Rev.1/89) r� 1 V 24 i.DA No. 2,cay C� -')a 95-10679 Cen Assault w/De-adlyWeapon 2. 6.I Vxzmt C*t*0 .Rep-1 _t6�a(� F. 7. . 27114 r-nberwg) er, Bridgette Jessica _4-X95 -9.A-r-s/ Loc-ation of Occurren�.e jo.Sutoocfa Name(L.F,M) 222 Anderson Lane Martinez Hor-nberger, Anthony Louis 11.prop"Descripton.: hipourb6cd,PAcoYwsK:L Found,Lost S104M-hem Number.Aflidg,Ou&n0tY, Mo"Number,Se-ria)Number,Miscellaneous D*%crjvtiorj. Wrwe Taken,Value,indode Tout LOS4-UST IN FOLLOWING ORDER A)CLwrency,Notoc 8) twwoIrr.C)C4otmfn4,Furs;0)Vehicle%:E)6ftics Eoulpment:F)Rad o.7 G)Firearms;K H6u"6c+d GOOOS:11 Misc. 12.FACzywad prop"S Sergeant Woolard said all the negotiators (Sergeant Carpenter, Deputy G. Arroyo, Deputy Costa) ,except Deputy B. Reynolds, showed up and two brand new negotiators were present for the experience, Deputies C. Mould and C. Kay. He said he sent Deputy Costa back to the command post when the rest of the negotiators arrived, but later sent him back to the area of the subject's house with a portable telephone in case there was a mechanical communications breakdown. Sergeant Woolard said the subject did hang up on them at one time, but it was a mutual agreement to take a break. and they later called him back and resumed negotiations. Later on, the-, subject broke off communications with the negotiators. He said the negotiators were giving him (Woolard) intelligence from what the subject told them, such as he had put the girl down and she was asleep, that he had a gun in his hand, that he had a remote-telephone with a long cord. He said this was an issue because the Designated Marksmen were reporting that the subject was all over the house. He said their radio traffic was conducted on Sheriffs Channel 5. that:.-:.. He-saidt t about an hour or so after ha negotiations. dbe�gur, ,thesubject,,,statted"cbiiiihg.-.td'the,- front door, coming out and then going back inside several times. These movements occurred with the subject having the shotgun-and also without the shotgun. At one point, the subject came out on the porch and smoked a.cigarette. He also came out at one time with the shotgun and the child. He said the subject then went back inside and got on the telephone with the negotiators and told them that the reason he did that was to show them that the girl was okay and to spot their positions. He said these actions occurred over about a thirty to forty minute time period. Sergeant Woolard said he relayed this information to the team over the radio, the same as he had with other information he obtained from the negotiators while'they were talking to the subject. He said he could not see- what was going on because he was several houses away from the subject's house,in the command post motor home, which includes the negotiators station. PA.rX.1bVt*n 7.A.WUo-=Iunq Qs 0 C QDA [3 OE [D L E)0 C)SR Qv Ovios (DHatcot-c-3 [DJUV OCO-VW 16.Aep-ortinQ Deputy(Pnnt) Time Wrillon [DP,�Ck. OAm III-eil. OR.O. CDSHC [1_40 _ S.R. Ingersoll DewDr 210.Supe.Na. 2A.Date Z2 FIT. 0 19.Ap;worinq Supe.(Prinq fL FORMS (P4Y.1Y89) 0151 W: Z 4Q -iw/7 E Ge1`i Assault WJDeadly Weapon '_` ; • D•w'2 24:)a�g�" "`— b a.V=(n (t, F.M) 7.Cato On ..Report 8. Empioyee No. ornoerger, Bridgette j Jessica 4-l '-97 5 - _ 27114 9.Aoorees/Locat ion of 'dccturreni_e _ to.Suspecl,s Name(L,F.M) 222=Anderson Lane. Martinez - Eornber er, Anthony Louis Property Deecrtpttort; - - knpourdod,Recovered,Found,Loss,Sto n-horn Number,Article,Ouanttty.Stand/A 4ako/Manufacturer's Mod*Numb*(,-Sena)Number,Mucatianoous pesvip;. WMra Taken,Value.Include Total Loss-UST IN FOLLOw1NG ORDER A)Currency,Notes;B)Jeweiry;C)Owning,Furs;D)Vshicies;E)Ofrica Equipment_Fl R,c. (3)Flrsarmna:M k6u&Moid Goods;U Mim t2.Recarsred Property t He said his information came from various team members around the house and from the negotiators and he would relay what he heard both to the negotiators and to the other team members around the perimeter. Het r old us that Deputy Arroyo was conducting much of the negotiations over the teldphone.and�- at one point actually talked to the little girl once when she picked up the telephone. Arroyo had tried to talk her into coming outside and-told her "Mike" (Costa) was by the truck and she should talk to him. Sergeant Woolard told the people on the perimeter that the little girl might come outside and if she did, only Deputy Costa was to talk to her. He said he was gettinginformation that the little girl was coming out onto the porch within six feet of the door and then going back and forth between the porch and the house. He said he also heard that the subject was coming out both with the gun, without the gun and moving the gun around. He said the information i coming from the Designated Marksmen was now starting to come in almost constantly. He said r ' he believes this increase in radio traffic and the increased activity from the subject was about five minutes before the shot was fired. He said he.never heardanyone-sayizig over the radio that the subject,was poihtuig the gun at them, but there was traffic about him moving the gun up and down. He said he couldn't ser what was happening, so he didn't know at what point someone might feel the attitude of the gun was j threatening. Sergeant Woolard said he heard one shot which surprised him. He said he first thought one of the Designated Marksmen had taken a shot. He said he radioed to the team members asking if the shot had been a "Delta" shot. He heard someone say no, it wasn't a"Delta", it was a bean bag round. He said he also believes that Sergeant Newman radioed that it might have been self inflicted and his own gun might have discharged and hit him in the chest or shoulder. He said he saw the SWAT team charge the house and he saw someone ( a team member) grab the little girl and run towards the command post. He said he could see through the front window of the command post which was facing down the street towards the subject's house. S<.Dsstribubon 16.xodroonai Aovfinq OS ❑c Dw ❑OE pL po pSR [DV 0 k*r+srfpalon Cl Vice []NarcotCI MJuv o Oororw ❑f'soD«tr Ck. ❑Acs OIMWL ❑R O, p SHC 16.Reporonq Deputy(PrinU tl.Det./T;m.ritiaen is.D Q Fava ce{at:in p CorrpL cn� ❑Mame Patrol R. Ingersoll =Z -gs /�- < Otlser Sp.Approving Supe(j'rvtU 20.Suer.No. 2,.Data 22_P FORMS (Rev.1/89) 0152 r_ +urn •3 sem. T ''y,s �.- - z z,•,+sasznc-n s` rv'r 't"�'9'.C+� 3'x�',t^•,,4'!a"..a$i"Y" �k&�+������>�2`�.'�A'F.'4�:�~gE��, '.JTY�?��^' ,`,?�ic. sf+:.s�k�..++..c of r�rr-r+• z f :V. L.nJH JJ 1, MGI I111GL, Va111 V1 f f+V r ..v'.,'- ':;v JJ Supp+ ntat t",';--?: HFtO CDArres 1.DR No. 2. Gty Code 3.Cewrne/Cres-vi"t+on t.Detall 1 4ja PCs.Fr 95-10679 Cen Assault w/Deadly Weapon - 2. 23bR� 6.Vicom(�y__ (� F,M) - 7.De ta On .Report 6. Employ"No. - trornDer-ger, Bridgette / Jessica 4-1�-95 27114 - D.Addr..e/ Locat ion of 'Occurren(;�e 10.Suspocfs Name(L.F.M) 222 Anderson Lane Martinez Hornber ,er, Anthony Louis 11.Property Doaatpaocc ' tnpounbe:d,Racafwad.Fovnd,Lost Stolen-item Number,Ar4cla,Ouantlty,Brand/Make/Manufacturer's Modal Number,serial Number,Miscellaneous Descripdom Loc Wheys Takmt Wlue.include Total Loss-LIST IN FOLLOWING ORDER A)Currency.Notes;8)Jewelry:C)Clothing.Furs;D)Vsnicfes;E)Ofte Equipment;F)Radio.Tic. O)Firearms;H)1­16u"6old Goods;Q Misc. 12.Fiacovered Property i He said this occurred after it had stopped raining, because it had been raining on and off until that time. He said he left the command post, leaving Deputy Houle there, and walked up to the house to see what happened concerning the shot which had been fired. When he got to the scene, he saw the subject lying handcuffed on his back/side with a substantial wound to his right chest/shoulder area. He said he felt for a pulse, but didn't feel one. He said someone took the handcuffs off, Deputy Thorsen he believes, but he can`t be sure. He saw a shotgun laying down on the ground in front of the porch with two rounds on the ground. He said the shotgun looked like a semi-automatic with the bolt locked back. He said he spoke to Deputy Thorsen who told him that someone said to get the gun and unload it. He said he moved the gun away from the subject and then unloaded it. He said he spoke to Sergeant Gilbert and asked him who shot. Sergeant Gilbert told him Deputy Baeta shot. He said he looked over at ? Deputy Baeta and asked him if he was the one who shot and Deputy Baeta either nodded his head or said yes. He said he didn't ask why the shot was fired at that time. .7 I asked Sergeant Woolard if he checked the weapons of the team members as°part of his duties. He said he did in fact check all the long (primary) guns of the team members at the Field Operations Building. He checked to see if each gun had been fired and what they had been loaded with. He said he made a list of each weapon and who had them.- He said after checking each of the weapons, he determined that no one except Deputy Baeta had fired their gun. He said he za made a list and will provide it to Sergeant Celestre for this report. He said he sequestered Deputy Baeta in the lounge at the Field Operations Building with Deputy Campisi and instructed the rest of the team who were sequestered in the training room not to go in the lounge or talk to Deputy Baeta. He said he did ask Deputy Baeta how he was doing and he said he was fine. Sergeant Woolard said he had all the long weapons locked in the armory and secured the box that contained the bean bag rounds in Captain Gackowski's (Patrol Division Commander) office. He said there was no discussion about the incident while they were sequestered to his knowledge. K.Dsvibution 16.Awwonal Tllovtiriq j]B pC [3 DA [3 DE C3 ❑O [3 SR pv ln,.."son p v p Nares p Jtnr ❑c4,vw p Property Ck ❑XCS ❑ImalL ❑FLO. ❑SHC 16.Reoorting Deputy(Print) 17.Date/Tyne Wrraen 16.Dae C3 Pura Cepa.in p Coapt.Ola [3Marine Patrol R. Ingersoll r Omer 12.Approving Supv.(Pring 20.Supe.No. 21.Date 22.Ps FORM s (Fiev.1/a9) 0153 �.;-.(.:-k':Y'air'r :='"'>' r-•1Sa t�iirJ,+�`7��t '+ ti-v ,� 1; _ +i ,t„ ..�- �;> T'�a? ,�ita� 1�. 'i. ,1` yTYi � � � | / Assault w/De-adly Weapon 222 Anderson Lane Martinez J Hor'n1berger, Anthony Louis 11.Prop"0044rlpton: M%pound*d,Racovwod.,Found.LoA Su"n-Item Number.ArUcit,Ouantty.Brandl Ma kv/Ma nV'actufor's Mod*Nvmbw,S'WW Number,Mi"14neous Desvtpw Wtwa Takert.Wue,hdo04 To'Al Lo"-LIST IN FOLLOWNG ORDER.A)Cvffwncy40tW B)Jo-eiry,C)Clothing,Furs:0)Vehicim E)Ofte Eqv1prnent:F)Rao, G)Firearmc hl A&a*oid Goods:I)Mim 12.Roc�arvd Prop" I asked Sergeant Woolard about the team's experience and training ,,xvith the bean bag rounds, He said the Department's SWAT team has had the bean bag rounds for about a year or more. He said the manufacturer gave a demonstration approximately a year ago or more which was video taped. He said Sergeant Gilbert and he had just completed an instructor's course on Less Than Lethal Force in the last month or so. He said he had just received authorization to put together a curriculum for training the tearri, but no formal classroom trairuing or instruction' had yet been set Sergeant Woolard described the ammunition box containing the bean bag rounds to Inspector Leary as a narrow green metal military ammunition box with the closure lever marked "Stun Bag Rounds - 12 Gauge" on gray duct tape. He said the metal box had contained three boxes of five rounds each of the "Flexible Baton" round which he described as containing a cloth bag about 2" X 2" with lead shot in it loaded with a low power launching charge. He said a red color can be seen through the translucent shell casing. ` Also contained *in the metal box had been three boxes of five rounds each-of.the "Master,Key"-12- ��� - � ' | ) ' � ` � ' � � ` / � � � � ` � ` \ 7, -gatige-.br rou Cs efeat door locks, 1iinges', et 6. He said these are high base rounds and a black color can be seen through the transluc,ent shell casing. He said these are lethal In addition,-the metal box had also contained three "Remington" boxes of five rounds each of "Bean Bag' rounds. He said two of the boxes are marked "Red Bean Bag" and contained red bean bag rounds (same as the Flexible Baton - cloth bag with lead shot) which are high bas.-Jhigh velo-city rounds. He said there were five rounds in one red bean bag box and four in the other. He s-aid one of the boxes is marked "Green Bean Bag" and contained low ba--,-Aow velocity rounds. He said he believed there were or�y four gre;n bean bag rounds in the box. He said they have -used some of the master key rounds in training and have demonstrated with some of the fie ble xi baton/bean bag rounds to show what they do. 14.Dumibvtlom EDC [3DA ODE OL 00 nSR OV C3 Cororw 0154 ` ` � ' � | ' � ' ` ; � ^ _ � , ` 95-10679 Cen Assault W/I)eadly Weapon 2. �-3b 222 Anderson Lane Martinez Hornberger, Anthony Louis 11.Prop"Dvecrtptom Impounded,Pwa*ywod.Found.Lost SUA*n-horn Number,Arlicla,Ouant�y.Brarsd/kkaks/Manufacturw's Mo"Number,serial Nwnlwr,Misc*�lan*ous Dtictivli0n.Locavc Whows T&kar, VaJus.k�clvde TotAl Loss-UST IN FOLLOYvlNG OROEFL,A)C%,nT*ncy."ec 8)Jewslr)r,C)Clothing.Furs:0)Vahicies:E)OMC*'EQu'Pment:F)Rad,o,-rV,.vc He said the box containing these rounds was kept on the "crash cart" with other equipment in the armory and the equipment on the caxt is transferred to the SWAT panel truck when they respond to a call. He said the box was in the side panel truck when he retrieved it before putting the box in the Captain's office and the truck is kept locked during incidents. I asked Sergeant Woolard who set up the box containing the Stun Bag Rounds. He said he bel.ieves Sergeant Mb-ert set up the box and he (Woolard) put the label on it in the gray duct tape to the best of his knowledge, but he said it is also possible he set up the box himself. He said they take the responsibility of keeping the armory stocked. He said the team trains once a month in a structured setting and he is responsible for setting up the training. He said he has had Basic SWAT training and Hostage Command training, Firearm's Instructor training, Supervision training and he was a Field Training Officer both in the JaU and on Patrol. He said the whole tearn-trains with the hostage negotiators about once a quarter. Woolard said that the Team Commander has that authority and he was the acting Corrimand6e'�,it" the time of the.Licident. He said the individual team members have the authority to take actio n, according to Department policy regarding immediate' threats to lives, including their own without a "Delta" order being issued. He said the Incident Conunander is the Senior Patrol Supervisor who was Sergeant Fulwider unti.1 Lieutenant Coggan showed up at some time during this incident. Sergeant Woolard said he was the Tactical Conunander,' He said they work together to resolve these incidents. He beEeves Lieutenant Coggan invoked the Protocol. In rega-rds to the neighbors who were evacuated, Serge-ant Woolard said he had no idea where they were sent after they were evacuated from their-homes. The interview was ended at 0718 hrs. OB C C El DA [DOE CIL EDOEDSR 0V 0 ftbrci captain n Corncc o1c. F]MaMM4 Pat-01 R. Ingersoll 12-4-0 ' . � FORM (FWY.`/ow A155.^ ' Assault w/Deadl Weapon 2. t T.Data On .Report 6.Employee No. v"'m oir Lger, Bridgette / Jessica G-1�-95 27114 P.Aborees.! 1ACatiOrt-of 0=?rren(.e 10.Sus:eac't's Narr»'(L.F,M) 222 Anderson Lane Martinez Hornber ,er, Anthony Louis } 11.Prop*M D*6Cn 0m hVovrw*d,Racav *,1,Found.Lot.Stc4n-hem Numbe.ArWa,OuanCty,&and!ldake!l tantttaGlurei s Mo"Numberr,Saris!Number,Mazettaneous D*jcriptic Wnara T&Kact,Vs1ue,1yo o4 Total Loss-UST 4N FOLLOWNG ORDER:A)Ctxrancy.Noes;8)}eweiry,C)Ciothinp,Fury D)Vehidas:E)Of s Eauipmant:F)Rao,c G)Firiam+c:K k6usahoid Goods;1)misc. 12.Recovand Property S At about 0738 hrs., Inspector Leary and I interviewed Deputy George Wright. The interview was audio tape recorded and the following is a paraphrased summary of the interview (refer to tape recording for exact language). In response to some standardized questions, Deputy Wright gave us the following information: - He said he has been with the Contra Costa County Sheriffs Office for eight years. He said he is currently assigned to the Civil Bureau on day shift (0800 to 1630 hrs.) with Saturday and Sunday off. He said he has been on the SWAT team for fourteen months and has attended the Basic SWAT school which is a forty hour class. He said the team trains for a full day(eight hours) once a month. He said he was at home when he received the page from Sheriffs Dispatch at about 2130 hrs. He said he had been in bed about ten minutes when he was paged. He said he had nothing to drink that night and he was not taking any prescription or non prescription medication. v He said he doesn't wear glasses or contact lenses. He said his SWAT call sign is 1015. } He said he received the page in his capacity as a member of the SWAT team and called Dispatch. He said he was told to report to the Field Operations Building He,said he arrived at about 2200 hrs:,and met,with Sergeant Glbert.: He sai&he checked to make-sure the SWAT van was loaded and then completed dressing in his SWAT uniform which consisted of black BDVs (battle dress utilities) and a ballistic helmet. He said his assigned weapon is a Remington 870 12 gauge shotgun with a short barrel, loaded with 00 buckshot and his personal sidearm is a Smith and Wesson Model 5904 (9mm). 'i He said they drove straight to the scene in the Critical Incident Response van, but he did not know.exactly what time they arrived. He told us that once on the scene, they got their gear and weapons out and finished checking their equipment and loading their weapons. Sergeant Chertkow showed up with a floor plan and Sergeants Gilbert and Newman, discussed tactics. Deputy Wright said his assignment initially, was to be part of the assault team with Sergeant Gilbert and Sergeant Newman. , �-'. 14.OttclD4rwn 1 .I.00rtrortal UtuiQ ne Dc ODA COE CL pO OSR 0V ❑4r,.,ss Sort C V_ ❑► ❑-kr" D Coro W ❑Progsr7y Ck ❑MCS D Imeil [I PLO. ❑SHC 16.Reporting Deputy(Print) 17.Data!T4rne'Nrraen o captain ptnpl co .Orc_ ❑mannePstrot R. Ingersoll 2- -5'5' (2` ;y ❑otrw 14.Approving r pv.(Print) 24.S+rpv.No 21.Dasr 22.P: 1 FORT.{8 fP y.1rag) 0156 n V 0 ,L,�suppiomental DR No A.Detail 1, Z4Da S,i4r '95-10679 Cen Assault w/Deadly Wea n . 2. 236 6.vtctrnA(1, F�4) 7,Data On .ROPOCI ger, Bridgette Jessica 4-1�-95 27114 h0rnDer I I"EMP'"110, t4*. �i�. ,-,�, Loc_ation of -Cr_curreri�_e 10.Su&p*c1'z Nam*(L.F,M) 222 Anderson Lane Martinez Hor-riberge , Anthony Louis 11.Prop"D0&Cn;rbM tmpovrx*d,Rocovwed,Fovnd,Lott,Sto4m-harn Number.ArUcl*,Ouanthy.Bexrw/Wks/Wnufacwre's Mo"NUMbW,Sofial Numb*(,Mi&04oltansous Description.Lo,_ Wrwe Taken Yalve,Indude Total Lou-LIST IN FOLLOWING ORDER A)Currency,No4ac 8)Jvw*if)r,C7 Clothing,Furs:0)V*hicisz:E)olli"Egwlp"nt:F)Radio.TV&, Fif"m*a:M Adivee6old Goods;Q Mist 12.Recovered P"*" After negotiations had been going on for awhile, more concrete plans were made and his responsibility, if entry was to be made into the house, was to take up a position at the bottom left of the stairway and cover the front window in the porch area while the rest of the team made entry. He said he was then supposed to follow the rest of the-team inside. This plan was formulated while they were still about two houses down from the -scene towards Arthur Road.. He said Sergeant Newman, Deputy Burt and Serge-ant Gilbert moved for-ward to the next residence closer to the scene. The rest of his team was instructed to hold back which they did until he heard what sounded Eke a shot.- He told us that he was listening to his radio and could hear updates being given, such as the subject had stepped out of the house with a shotgun a couple of times and that the lights were going on and off. Deputy Wright said he was not able to see the house from his position.- He said he did not hear a "Delta" order being given on the radio. He said he heard one shot. After the shot was fired, Deputy Wright said he moved up to the house where the incident was wasposlioned'at-the-riv ht front taking place`. He�said, e , window,of the-housej.by.so=-bushes,,., and he Covered the window, because he didn't know what was happening at that point. He said he assumed the house was still'"hot", because he could see the rest of the team stacking up for the entry. He said Deputy Bradley motioned him forward and he could see a subject lying on the porch being handcuffed. When he got to the porch area, he said he was going to try to render 21 A assistance'to the deputies handcuffing the subject. He said the-subject was lying with his feet towards the street and his head towards the house. He said he didn't remembenwhich deputy was with the subject and he didn't hear the subject say anything. Sergeant Newman motioned for him to enter tie house and he said he checked out a bedroom with Deputy Basta. He said the house was cleared and Sergeant Newman had them move to the command post, then to their cars and then to the Field Operations Building., He said Serge-ant Woolard sequestered them and Sergeant Woolard also checked his weapon, but not his sidearm. OB CC ODA ODE OL 00 OSA OV Okyoesispaton ovicia ONarcotics CJVV [)Coroner OProp"Ck- CACS [JIMWL OFLO. CSHC 16.A&VOMAg Do(Po 17.Dam I Tkro�WMVPC% �Z. - – q,— ( Ps"C40ftin 0 comp!01r— ❑Winrn Parol R. IngEn011 L"�C _5�-13 lt 00VW 19.Appro "Supt(Print) 20.Suqv.No. 21.Do FORM 8 (Poen-1/89) 0157 ,.DR No. , 2.Cry CoM C110- S.C7viC*4Wf at,On <,petal 1 4ja S.R. 95-10079 Cen . Assault w/Deadly Weapon 2. sc 6.VicDm (1, F.M) 7.N On .Report -6. Employ—No. ornoerger, Bridgette / Jessica -- 4-1�-95 27114 9.Addr«t/Loca t ion of Occurrence t° Suspect's"""'(L.F.M) 222 Anderson Lane - Martinez Hornber ,er, Anthony Louis 1,.Property DaatsipeorL hnpoundcd•Racov+red,Found.Lost Stc4en.Ram Number,Artiela.Ouanttty.Brand/Make/Manufacturer's Mo"Number,Serial Number,Miacallaneout Desr-r0tion,Loc Wtwre Takers,Value,Include Total Lou•LIST IN FOLLO ANG ORDER A)Currency,Notac 8)J+walry C)Clothing,Fun;D)Vehiclat:Q 01*1%ca EpulpmenC F)Rad-o.TVs. G)Firearms:K k6u►andd Goodt;0 Misc. 12.Recovered Property S Deputy Wright said he didn`t see any weapons by the subject when he was going into the house, but when he came back out he did see a shotgun on the ground below the porch steps with two shotgun shells on the ground near the receiver(of the shotgun). He said one of the shells was red. Deputy Wright said he didn't know what was going on and had to ask someone what-had happened because he didn't know if they had fired or what. He said he didn't know what kind of round had been fired. He thinks he may have asked Deputy Brown. He said he asked Deputy Brown if there was any blood and Brown told him yes. He told us that once they arrived at the scene, Sergeant Gilbert asked who the shotgunners were and they were, besides Deputy Wright, Deputy Brown, Deputy Baeta and Deputy Fernandez. Sergeant Gilbert asked someone to load with the bean bag rounds and Deputy Baeta said he { would. He said he heard Sergeant Gilbert tell Deputy Baeta that he had the bean bags and he had a "green Light" if the subject came out of the house. Deputy Wright said he assumes Deputy Baeta loaded his shotgun with the bean bag rounds. He said he saw Deputy Baeta step into the yen-where the ammo cans were_,but-.couldn't see.him loading,the shotgun. He said there,was r ; some fight in the van, and he believes Deputy Baeta was holding a'flashlight while he'was loading,` but he only saw a Light coming from the van and didn't know its source. We concluded the interview with Deputy Wright at 0802 hrs.. Inspector Leary and I then interviewed Deputy David Brown in my office at about 0808 hrs. The interview was audio tape recorded and the following is a paraphrased summary of that interview (refer to audio tape for exact language). In-response to some standardized questioned, Deputy Brown told us that he has been with the Contra Costa County Sheriffs Office for about nine years. He said he has been with the SWAT team for approximately six months and is currently assigned to Danville Police Department (Contract) where he has been for the last five to six months. He said he is assigned to day shift (0600 to 1400 hrs) with Saturday and'Sunday off. ,t.Distribution 1L.Aoort+onal Aawtriq ❑8 ❑C ❑DA [DOE ❑L ❑O ❑5R C)V gBN ED k a xo at on p Y" ❑Narcotict p Jw p Coron.r Property Ck ❑ACS ❑Int*L [3 P.O. [3 SkiC 16.F."rtinq Deputy(Print) 17.Dals /Time 1i'ri4en t0.Dc. M Pat captain ❑cornpl:Ofc ❑Marine Patrol R• Ingersoll 5"Z r 9S (L� C o ottwr T9.Approving Sup.:(Pring 20.S No. 21.Date 22-Pa 2 FORM 8 (9".1139) 0158 trz�4Y�`w_�l�;a� s�ic�? ��•d��:eta'..�'�.,a"';�•��'�r'r.1, a�,��. t��a}�'� 4`+�� '1.`+_"wa,'��?�3 '! �",?-�o���r�,,y8.'n,�yst�3� , i.DR No. L Crry Coo* d.C4Vr4/Cft3-Wi"1*n A.Ovutil 24 Da 95-10679 Cen Assault w/De-adly Weapon 2. L fit E.Vx2mt-4- a F,U) 7.Data On A.0 n PcNo. Hbrnbezger, Bridgette Jessica 4-1�-95 27114 Location of "Occurrenre 10.Suspects Name(L.F.M) 222 Anderson Lane Martinez - Hornberger, Anthony Louis 11.Prop"DesCrLpton.: tmPovrb6cd,Xmcovwod.Found,Lost Sto4n-tram Number.Arbels,Ouanoty,Brand/maks/Manulacturef's Model Numbw,Serial Number,Mi"*Lanoot's Description.Loc Wham T&kwt WOO.Inclooe Total Lo"-UST IN FOLLOYANG ORDER.A)Currency.Notes:B).4w*ir1r C)Clothing,Furs:0)V*hiCJft:P Cftcs EQuiPmertt:F)Radio,Tvl,, G)Firearms;hl 146us*o-�o Gooct:1)Misr- 12.Rac ered Prop" Deputy Brown told us that he had two beers at about 1500 hrs. and has not taken any prescription medication. He said he takes vitamins daily. He does not wear glasses, but does wear contact len-ses, and was wearing them during this incident. He told us he had been in bed for about 15-20 minutes when he received the page from Dispatch regarding this call, but he was not asleep. He said he received the page at about 2125 to 2130 hrs. and called Dispatch. He said he was told that there was a barricaded subject in Martinez and he was to meet the team at the Field Operations Building in Martinez. He said he arrived at the Field Operations Building at about 2200 hrs., and met with Sergeant Gilbert. He said Sergeant Gilbert told him to load up, meaning get his gear on and get in the van. within five minutes of his arrival. He said Sergeant Gilbert told there was a He said they left ,. 9 him barricaded subject on Arnold Drive in Martinez. Once they arrived, he said they unloaded the van and Sergeantbert designated Deputy Baeta, Gil e a, Deputy Thorsen and himself(Brown) as an arrest team. They were to relieve Patrol Deputy Ortiz -peftmeter,'to the left of a blue pick up truck'in,the dnvewa-y,.-:-Deputy.-B .told-us,t the the Town h team was operating on Radio Channel 5 and his personal SWAT call sign is 10 19.­ Deputy Brown said he was carrying a shotgun and it was loaded with 00 buckshot. He said he wasn't given any specific instructions on what to load in his shotgun, but Deputy Baeta was told by Sergeant iGilbert to loadAith bean bag rounds. Deputy Brown said he saw Deputy Baeta loading his shotgun in the back of the SWAT van.. He said he couldn't see What Deputy Baeta, was loading into his shotgun, because he wasn't close enough to see and the only lighting was by flashlight, if at all. He said he couldn't say specifically if there was any sight on because other team members were moving around the van, getting their equipment, turning flashlights on and off. Once they were loaded up, they checked ifi with Sergeant Woolard who sent them forward with Sergeant FuNyrider. Sergeant Fulwider took them to a point to the right of the house and showed them where Deputy Ortiz was stationed. 14,Distribution I&A641bonal;;ovt-'riQ 08 CDC [:)DA [DOE OL 00 []rR [3V [3V;CQ cNarwdes OJUY ocororw 0 Property Ck C]ACS 0 Jrtall, []FLO. 0 SNC I&Aeporonq Deputy(P'nnQ 17.Dote Time Y&itvn Pau -ol C*vftim [3 corrVj-Olr- [3 Marine Patrol R. Ingersoll 0OVW 19.Approving Supe-(PrinQ 20.S"P.4 No. 21.Debt Z7- FORM 8 (Pay.1 lag) 0159 1.DR No. 2_Grry Ca1 Crvs»ichsa�l�catwn .. A.D•u.l 1 L �a s F,, 95-10679 Cen Assault w/Deadl Weapon 2. 236 6.vKOm ♦ F.M) _ 7.Dau On .Report A.Employe+No. ornerger, Bridgette / Jessica_ 4-1�-95 27114_ 9.Aaar,.s/Z Oca t l On Of OCGLlrren�e 1Q.SusP�'1,Nam.(L.F.M) 222 Anderson Lane Martinez Hornber er, Anthony Louis 11.Property Deaatpeom lmpounbsd,Racvvaec,found,Lost.Stolon-ham Number,Articla.Ouantlty,Brand/Aloka/Manutac4rrer's Modal Number,S*fW Number,Mia. NLaneous Descriotiof%Lo: Wtws Taken Value,it ludo Total Lou•UST W FOLLOVANG ORDER:A)Currency.Notes H)Jewelry,C)Clothing,Furs;D)VsAidet;E)OMca Equipment;F)Radio,TV,. G)Firearms;M Nbueetwid Goods;i)Miac 12.Recovered Property 1 He said they crossed the street in order to move to Ortiz's position. He said they relieved Deputy Ortiz and took up their positions at the truck. He said Deputy Thorsen's responsibility was watching the front door and his (Brown's) responsibility was watching the side door and window on the left front of the house. Deputy Brown said he was actually positioned at a flatbed trailer in front of the pick up truck. We used a copy of a sketch showing the front of the house, the pick up and the trailer and Deputy Brown showed us his position and area of responsibility (sketch attached). Hesaid he didn't look at his watch, but he estimated that they were in position for about an hour or an hour and a half. He said he listened to the radio intermittently because he didn't have an shoulder microphone for his radio and didn't want to turn it up loud enough to give away his position. He did say he could hear radio traffic when someone spoke louder than normal. He said he could hear information like "He's coming out again!", or comments from Deputy Baeta like "He's trying to re-hang a sheet or curtain in the front window". Deputy Brow-n said,&,,at until the suspect-would come.out,and.show hums he (Brown) kept focused on his area of responsibility. He said he couldn't see the front porch from his location because the pick up truck blocked his view, but when the suspect did come outside on the porch, he could see the suspect's head and shoulders if he (Brown) stood up behind the trailer. He told us that he could not see a weapon in the suspect's hands from his position. He said he heard on the radio that the suspect had a shotgun, that he put it by the front door and similar comments. He said he saw the suspect come out onto the porch.the last time prior to the shooting. He said he could only see the very top of the suspect's shoulders. He said he wasn't surprised when he heard the shot because he was aware of a plan to shoot the suspect with a bean bag round to stun him if he came onto the porch where they could hit him without him falling back into the house. He guessed that it was Deputy Baeta's plan because Baeta had the bean bag rounds. He said he only heard one shot being fired and it was not by the suspect. He said the shot.came from the area of Deputy Baeta so he knew Baeta had fired the round. 1a.Ckwmbu0on 1 .A=Wr4 uurip Da pc 0D ODE pL 0 MSR ❑v A:: ❑kt+V"bon O YKe ❑Narcotics ❑Juv ❑Caror ProWty Ck. ❑ACS ❑InWl. p R.O. ❑SHC 16.Reporting Depth(Print) 17.Dau/Time vrtman ta.D: ❑PastdGapiain OCorrgLOlc ❑AaarirxPatol R. Ingersoll E]otMw 19.Approving Supe.(Print) 20.Supe.No. 21.Dett 22.P FORM s (Rev.1/$9) 0160 -,V..+.,. ..w".0 f '` 1y-`1�+-`---3'X'6 � it:,��'- 'Y ` r`sF.� i3'[F °tf-` �#x"lE�,��,�'c{�.`�4t e� S•C '�w' `b�4- '2 �' .`�.,,�'� 1.DR ND. 2 Crty Cooe 3.Crime/Casail�eat.on a.Dein[1 4 ja S.P+ 95-10679 Cen Assault.w/Deadly Weat>on 2. tic� E.Vicoma F,M) 7.Data On .Report S. Emptor"No. ornerger, Bridgette /-Jessica 4- 271-14 _ P.A,—/Location of Occurrence 10.Suzoect s Nam•(L,F.M) 222-Anderson Lane Martinez Hornber ,er, Anthony Louis 11.Property Dosonpeore trnpounded,Recowed Found,Los.Stolon-Rem Number,Article,Ouari ty,Brand/Make/Me nulacturer's Model Number,Serial Number,MisD01a:n0ous Description,Loc' Where Taken Wlue,lndude Total Loss-LIST IN FOLLOY6NG ORDER A)Currency,"W 8)Jewelry,C)Clothing,Furs;D)Vehicles;E)Office Epulpment'.F)Radio,TVs. G)Firearms;Ft)htbuseraid Goods;A Misr. 12.PAC.evBred hop"S Deputy Brown said he saw the suspect drop from view ager the shot and they immediately approached the house. He said he saw the subject lying on his back on the porch with his head towards the front door and his legs pointed towards the street. He saw the subject's shotgun laying in the area of the subject's legs. He said someone, he believes it was Deputy Thorsen, picked up the shotgun and took it out of his view. He said he could see some movement from the subject's hands and it appeared to him the subject was regaining consciousness. He said he announced that fact and with Sergeant Newman covering the subject, he (Brown) rolled him-over onto his side and handcuffed him. He told us that when he started to roll him back onto his back, he could see a small puddle of blood on the porch and blood on the subject's right chest area. He told Sergeant Newman and the other team members that the subject was going to need medical treatment for a wound. Sergeant Newman told him to unhandcuff the subject which he did. R Deputy Brown said he could see the subject take a few of breaths. He didn see the subject gain consciousness. fie fire-department personnel.arrived within two minutes and began treating the ,. subject. He said other team members searched the house and Deputy Brown said he then stepped off the porch. He said he waited until all the team members had regrouped and they were relieved. Sergeant Woolard had them move to the command post. Sergeant Newman told them to leave their weapons "as is" and they retumed to the Field Operations Building where they were grouped in the classroom. He said Sergeant Woolard checked his shotgun in the classroom. Deputy Brown said he was carrying a'Benelh 12 gauge semi automatic shotgun loaded with 00 buckshot. He said his personnel sidearm is a Sig Sauer P226 semi automatic 9mm pistol. He said his sidearm was not inspected. Deputy Brown told us he was wearing the same uniform at the incident as he had on during our interview, black BDUs (Battle Dress Utility) with Sheriffs shoulder patches. He said he was also wearing a ballistic helmet. ;f 14.Dssa'ibu)on IS.ABdiuonal uig 05 0 0 D ODE OL D0 0 V 0 O kw s tort O vice O N.arcooca ❑JVV O c rorw D Progeny CA. .O ACS OIM&IL O R.O. p SNC 16..PA-porting erS011 17.Date/Tunw wriaen i6.OL O Petra Captain O Cornpl,Dtc. O Mane Parrot S'—Z3 qS 2`1 S O Ovsar te-Approring Svp,r.(print) 20.Supe.No. 21.Deer 22.P: 2 FORM s (om.vee) 0161- 77 51 1.DR NO. 2.Cny Caa,•���:`� a.COMW/Giaail-at,on ,.DeLA.l,. L4Da 95-10679 Cen Assault w/Deadly Weapon I 2. .�b 6.Vicam J F,-M) _ 7.Date On .Rapgrt 8. EmWoye•e No. ornDerger, Bridgette J Jessica 4-1�-95 27114 g.Aoorass/ 7 Locat ion of Occurrence - 10.Suspect's Nam.(L.F.M) - _1 222 Anderson Lane Martinez Hornberger, Anthony Louis 11.Property Dswlpliory . hnpounbcd,Rocovsrad,Found,Lost Stoken-hem Number.Article,Ouanlity,Stand/Make/Manulacturrr's Model Number,Serial Number,Misoektaneous Description,Lo Where Taker.Value,hdude Total Loss-LIST IN FOLLOYANG ORDER A)Currency.Notes;e)Jgrwriry;C)Gothing,Furs;0)Vsnides;E)Office Equipment;F)Radio.TV, G)Flrsarms;M 146u"6okd Goods;0 Misc. ,2.Rscovrsd Property S Inspector Leary asked Deputy Brown why he had handcuffed the subject.. He said he thought the subject had just been knocked unconscious by a bean bag round and was coming around. He didn't want the subject to be able to move around where he might get hurt or hurt one of diem. Deputy Brown said that earlier in the incident, he could hear the subject talking to Deputy - Thorsen and Deputy Costa. He said he could really understand what was being said except for bits and pieces Iike the subject wanted CPS (Child Protective Services) there and wanted to know what they (the deputies) were there for. a In response to a question by Inspector Leary, Deputy Brown said he didn't hear Deputy Baeta warn them that he was going to fire the bean bag round. He said that it was all going to plan as far as he knew. He said that it had been discussed that if the subject came out onto the porch,they were going to try to incapacitate him with the bean bag round. He said the subject came onto the porch and they were ready for the action which took place. C I It Deputy:Brown.seed he.couldn't thunk of,anything further.to_add,.and the interview,was.ende .at 0837 hrs. At about 0848 hrs., Inspector Leary and I interviewed Deputy Gary Arroyo, one of the Hostage Negotiators, in my office. The interview was audio tape recorded and the following is a paraphrased:summary of the interview (refer to audio tape foL exact language). In response to some standardized questions, Deputy Arroyo gave us the following information. He said he has been with the Contra Costa County Sheriff's Office as a deputy sheriff for thirteen years. He said he is currently assigned to Patrol Division, working the AC Transit contract from Bay Station on graveyard shifft (2200 hrs to 0800 hrs) with Thursday, Friday and Saturday off. He said he is also currently assigned as a Hostage Negotiator (call sign 1034) with the S.W.A.T. team. He said he has attended the Basic Hostage Negotiations course with the FBI which lasted forty hours as well as various seminars in Hostage Negotiations. IA.Distribution 1 .AcaruonalAovung OB Dc DDA 0 D ❑L po E)SR [3v ❑knvsati¢a lion E]Vice [3Narcotics ❑Jur []C.O, r O Pmwty ck. FlAcs 1]Ireall. ❑R.O. p SHC. 16.Reporting Deputy(Print) 17.Date,rima Wri¢an ,6.Da L7 Pte+CMPWn O CoffO.Otc. O Marin.P:o-ol R• Ingersoll �'-Z3-7kS 1 Lt� S ❑Other ,g.Approving Supe iPrint20.Supe.No. 21.Das 122 a FORM 8 (Flory.1/69) --- -- ---------------------- -- ---- --- -- ... 0162 T777 -77 ry}, -.. yy"'- qp} ,.-� _ .- Z ;- _a k'y s ��.-�Y .:. +s�,JL4+� r. yy,Sr�fN��i�.�d.t'.r.�-yv7 r;"' '�• J3n k'Sk�3y �� y^y��1�'��i eTr'.��as:: �4�1Y f'<�43Sr�.f.YT '�mta �i'�e.}�h14�� -'i+: aSi.'STi7�£R3.��SC�cIS.•M`�L'.+.FSL3Sn�SA7'.c',�����. .-.`.f _ - ��Y.^'.1 Y I ,- N�.95-10679 2.c+�r GoO:'� �.Gr,merClaaai,,cat,on - A.Detail, 4l 3a r Cen Assault .w/Deadl Weapon 2. b 6.VIctm .a N F.M) 7.Dao Ori .PArpOn A. Employsa No. _ ornoerger, Bridgette _/ Jessica 4-1- -95 - 27114 R.Addrees/location of Occurrence ,o,su=*c1'•Na'TM(L.F.M) 222 Anderson Lane Martinez Hornber ,er, Anthony Louis 11,Property De►cripbon: hnpouno d,Awzy rad,Found,Lost Stolon-Item Number,Article,Ouantlty,Brand/Make/Menulaeturer's Model Number,Serial Number,M4celtaneou%Description.Loc Where Taken Value,Include Total Lou•LIST IN FOLLO ANG ORDER A)Currency,Notes:8)Jeweiry,C)Oothing,Furs;D)Vehicl*c E)Ot7,ce Equipment;F)Ramo.TVs. G)Firaamsr M P4u"6NO Good%;q Miac 12.Racovww Property f Deputy Arroyo said they also train eight hours monthly on their own which is set up by Sergeant R. Carpenter and two or three times a years with the Tactical Unit. He said the last joint training with the Tactical Unit was about two and a half months ago at the firing range and involved firearms training. Deputy Arroyo told us that he was contacted at home about 9:30 PM by Sergeant Rod Carpenter who told him that there was a barricaded subject in Pacheco and he was to respond to the FOB (Field Operations Building). He told us he had gone to bed about 9:00 AM after work and got up about 12:00 PM (noon). He told us he had not been back to bed at the time of the call from Sergeant Carpenter, He said he had not had any alcohol to drink and was not taking any prescription or non prescription medication that-day. He said he doesn't wear glasses or contact Ienses. t, Deputy Arroyo "d he believed he arrived at the FOB at about 21 5 hrs. or so, and met with Depptv_M-�ke.Costa at the Sheriffs Office, home.which serves.as a coma-and post. He said he drove the motor home to Anderson Lane and Arthur Road in IN where he parked it.. He said the motor home contains some specialized equipment they use in hostage negotiations, such as cellular telephones and wiring hook ups for other telephones. He said they bring other specialized telephone equipment with them such as "throw phones" which are two way telephones connected by wiring which they can use to contact subjects who have no telephone equipment. Once they arrived, Sergeant Woolard told them (Sergeant Carpenter and himself) that there was a resident near by that was willing to let them use their telephone lines. He said Sergeant Carpenter and he went in the neighbor's house and hooked up their telephone lines. They then called the telephone company and had the subject's phone number changed to avoid conflicts with incoming calls. 1 - 1<.Duaibuoon 16.Aoo,uonal ng De Dc DDA 'DDE DL DO DSR Dv D Irrve"93bon OV D Narcotics D Juv D Coronet O PToOar'!y Ck. []ACS D IrrWl. D R.O. D SNC 16.Reportnq Deputy(Print) 17.Date/Time"igen 18.Da: pPub Captain DC mpL0Ic. DMannapatrol R. Ingersoll •5-Zj- S'- )?-4-055 D Otr�er 19.Approving Supv.(Pring 20.Supe.No. 21.Dau 22. FORMS (F1ey.1/89) — -- - - -- — 0163 .f - - __ •.m•r� ..T, - --•-.._Z. ..<:—.�.w:a.., _ -,r-9-�^g r - rN:• +n- e: 1. ^ 1 Ifs ?[3se 'as..r. 1.DA No. 2.Oty Coon 3.C4Vr4/CbAA1IW-2t-onA.Dead I 24ja PC S.Ale 95-1( w/ Deadly Assault wDeadlv Weaoon 2. 'fi,V=MF M) .7.Data 0 .Report No.�r6L(I�ger,- Bridgette Jessica 4-T�-95 27114 R-Aod—%/ Loc-ation of Occurrence - 10.Suspecfa Name(L.F,M) 222 Anderson Lane Martinez Hornberger, Anthony Louis n Prop"Doacriotion: ftnpoun6pd,Recovwsd,Fovnd.Lost,Stolen.Item Nurnt-or,Micia,Ouantity.Brand I Wks/M&nLrf&ctvr*r'&Modet Number,S-ofi&J N=ber,Miwolianeovs D"ViOtim Loc: Wtwo Ukoe),WLn,kli:Jvoe Total Lou-LIST IN FOLLOWING ORDER:A)Currency,"sc 8)Jv. airy C)Clothing,Furs:0)Whicies:E)OMCO EQuiPment:F)Rao,o,TVs. G)Finaarrna;hl k&uearwtd G000t:1)Mise. 12.ROC-aywid Prop"S He said he coordinated with Sergeant Carpenter and Deputy Costa to get some information on the subject. He said Deputy Costa told him the name, date of birth and race of the subject. Deputy Arroyo said he couldn't remember the full name and he called the subject 'Tony" during their conversations. He said Deputy Costa told him the subject may be under the influence of "crank". The subject was inside a house with a shotgun and had a small child in the housewith him. Deputy Arroyo said that he initiated Contact with the subject "Tony" by telephone at about 2300 hrs., according to the notes taken by Sergeant Carpenter which he had with him. He gave me the notes which I retained. He said he was in the motor home which served as the command post. He said he could not see any of the subject's house as they were parked down the street. He said he could --see a light in the front yard, but that was all. He told us the conversations were tape recorded, but there was something wrong with the hook up and only his (Arroyo's) side of the Conversation was recorded. He gave me the tape cassettes which I-retained. -,Arroyo said he asked Tony if he was.pkay.and if the Ettlegirl was okay. Ee_ ......... said he asked Tony to explain to him what was going on. He said Tony told him he was upset with the deputies on the originat call- He said he tried to calm Tony and explained that he wasn't one of the original deputies,just a negotiator. He said Tony seemed to understand and didn't seem to act bizarre at that time. He said Tony told him that his daughter, Jessica, had been molested and his wife and her friends were responsible. He said the police were part of the conspiracy in her molestation, but didn't say which department.. Tony told him an officer tried to break into his house without a search.warrant and take his daughter. Deputy Arroyo said ToV told him something about an officer with bars on his uniform.. Deputy Arroyo said he tried to listen to what Tony had to say, about what t happened and then tried to work out a way with Tony on how they Could get his daughter out of the house to Child Protective Services which is what Tony wanted. However, Tony wasn't sure that he wouldn't be tricked and his daughter would be given back to his wife. • 14m Doribubon 16.A=iuonal Ao"ng B []C QDA C3 DE [D L n 0 C]SR V clkwecogalon [D vies C]KWCOtCS DJWY OCO-orw Pmp"CX E)ACS [3 IMOIL ORLO. ]SHC 16.P.40orvnq 00purry(Print) 17,Date I Tkrw V061- is.C Elftt capuin Oc-0.01r– Omar"ftrol R. Ingersoll Lk 5 Oorw til,Approving Supe.(Pring 0- 2 14 -�= Z fopm a (P.*Y.1/a9) 0164 SUPPAOMOMLAI 1,049 No 2- Crry COU 1 cxm-ne/class cla&�Wl"ton A.Dowl '95-10679 Ce, Assault w/l)e-adlv WeaiDon 2. 2-3b F M) 7,Data0 Papo Bridgette' Jessica 4-T�- n a. Emoor"t40 -95 27- 114 9.Aw—, L-oc-ation of 10.Su&>e,:Vz Na—(L.F.M) 222 Anderson Lane Martinez Hor--nbe-rg r, Anthony Louis 11,PrOP"D0&cr4YtOCV trnpovnded,RocoywecL Found,Lost Stolon-hern Number,Article,Ovandry.Brand/Maks/M$nui&c;twrrf'9 Mo"Number,Serial Number,Miscellaneous Doscrlptior,Lc,: Where Taken,Yalm,Include Total Loss-LIST IN FOL.LOVANG ORDEPL,A)Currency,Noise:B)J*welr)r.C)Clothing,Furs;0)Vehicio:LZ E)C'Mca Equipment F)Radio,TV&, G)Firearms;H)k6voohoid Goo-ow:1)Mise 12.A*_WOrv,1 PrOP"4 Tony told him he wanted the C.P.S. worker to come into the house and examine his daughter. Deputy Arroyo told him that couldn't happen unless Tony would put down his gun and come out of the house first because of safety issues. Inspector Leary asked Deputy Arroyo if Tony ever spoke about shooting or harmng anyone. He said Tony told him he didn't want to harm any of the deputies outside because they were doing their job, but he said he would do what he had to do to protect his daughter. Deputy Arroyo said he didn't ask Tony to clarify what he meant by that statement, but he assumed that he was talking about the shotgun in his possession. At one point in their conversation, Tony said he didn't want to hurt the deputies because they were just working people, but if they sent any captains or lieutenants up;he would shoot them. He said he wanted to talk to a watch commander, but Deputy Arroyo told him he didn't think there were any captains or lieutenants on the scene. `Iiispettor Lkwyasked if Tony talked labout liis outlook on life,of whietheror-not-he intendedto — harm himself. Deputy Arroyo said Tony talked a couple of times about not being around to protect his daughter, but he didn"t talk about what time frame he was referring to such as hours or the following day. Deputy Arroyo said he also talked about protecting his daughter so he got rather mixed signals from Tony over whether he was suicidal or not. Deputy Arroyo said he spoke to Tony over a period of about an hour and a half. Hesaid Tony got upset a few times and hung up two or three times during this period. Deputy Arroyo said he called Tony back each time and Tony talked to him again. He said there were times when he became frustrated with Tony. He said they woujd be working on getting a C.P.S. worker to the scene, and Tony would get stubborn. He said Tony wanted the Sheriff to come down and wanted the media. He said Tony wanted to throw a letter out to the media so the whole world would know what happened to his daughter. He told us Tonyis focus seemed to be on what had happened to his daughter and her protection. 14.Dtsvibuton 16.Awtuonai Rouung 08 ❑C QDA [I DE OL C)0 OSR C]V 0 V. C3 0 coroner OCk []ACS OInt*L []FLO. C]SHC 16.A*90-n;Dowty(Pring 17.Date I.Tien*VW19- 16. OputVICaptain FlcompLoic_ [DimarinsPatrol R. Ingersoll 5`13f:r, ( 2-40 CRrw 12.Apqrvring S-py.{Printl24. 0*be Z2- Supy. FORM S (flee.1/89) 0165 I.E>R No. 2.tarty Coot I CISLail"lon Detual 24Da PC 95-1W9 Cen Assault2 -w/Deadly WeaDon ' I s. ficalon a.VtcmmF.M 7.Dau On R*oor"t Emp4oy"No. �tOLUr)E�r, Bridgette Jessica 4-T�'-95 27114 9. 9 A—s/ Location of-Occurrenre 10.SULD*Cl's Narria(L.F.M) 222 Anderson Lane Martinez Hor-riberger, Anthony Louis 11.Prop"004cnptory fthpwr4cd,Aacoywad,Found,LoA Sto4n-ftam Number,Articl*,OuanUty,Brand/MAko/Manviacturar's MocW Number,S#filf Number,Mia4*txna`0u%Description,Loubon Where Uken.Value,lncluo4 Total Lo"-LIST IN FOLLOMNG OROM A)Currency.Notoc 8)Jewelry,C)Clothing.Furs;0)VohicJec E)Off-ca EAulP,—MI:F)Rad,o,TVs.etc- 0)Fir"rrm:hJ 46,-**x*d Goods;t)Misr- 12.P-scce srqd Prop"6 Deputy Arroyo said when he was talking to Tony about getting the C.P.S. worker to the scene for his daughter and having him surrender, he felt like they might be getting somewhere, However, Tony became skeptical about the plan because he felt a female police officer would be used instead and he wasn't going to give his daughter to the police. Deputy Arroyo said they never discussed who had legal custody of the.daughter or if there was a custody issue. 'Towards the end, Deputy Arroyo told us he called Tony back after Tony had hung up and the daughter picked up the telephone. He said he spoke briefly to her and tried to get her to go outside by her daddy's truck and talk to "Nfike" (Deputy Mike Costa - another negotiator). He said she spoke pretty. well for a two year old. He said she told her father that she wanted to go out and talk to "NEke". He told us Tony's response was muffled, He said Tony picked up the phone, but he seemed distracted by his daughter and the telephone was laid down with an open line. He said be could hear a voice that Deputy.Arroyo thought,wasTony,talking to someone out front. About three to fbur=Utes , later','about0030hri., he'heard a single gunshot which surprised him 'becaUse.he was not aware....-,.,.-.._ of any plan to neutralize the subject. He told us he could hear the tactical team over the open line saying things Eke "roll him over" `cuff him" and he could hear the little girl screaming. He said Sergeant Carpenter and the other negotiators all looked surprised at each other when the shot was fired. He said they were later-told that the subject had been shot with a bean bag round and handcuffed. They were also told that it was Code 4'(no further assistance neussary) at the scene. Sergeant Carpenter told him to hang up the telephone and he did. They started breaking down their equipment to put it away. They stayed at the scene and he met with Deputy Costa at the house. Deputy Costa-told him what had happened and Sergeant Newman had the team assemble in front of the house. Sergeant Newman had them return to the command post and told everyone not to touch their equipment, leave everything on and put their weapons on safe. He said they were to return to the Field Operations Building. 14.Distribvoon 16t Awtuori&l 7k;uur [35 CC ODA ODE OL 00 n5A OV []V'W--* ONWCotcs OJVY OCororw 0 Pr*WIY Ck. 0 ACS [3 IMi9L 0 PLO. 0 SHC 16,Fivoorteig 0*;xm{Front) 1 1 7.Date Terme Yor On 0 Put owuln OCompLIDIr- C3M*nri4ftroI R. Ingersoll 23--7 5, I iQ Approving (Print) 20.Sup,4 No. 21.Date 22.pa: FoFuA 8 (Pfff.1182) 0166* 95-10679 'clry 1. 5 AeCL& -_r Cen Assault W/Deadly WeaDon 2. )_,sb ficAlc F,M) 7.D4 to 0 ROV00 A.Ern0oy"No. '."""�t6L"I;erger, Bridgette Jessica 4-T4-95 27114 -Aw—l/ Location of 'Occurrence 10.Su&pecfs Name(L.F.M) --------- 222 Anderson Lane Martinez Hornberger, Anthony Louis 1I.Prop"DoLcri0ort: ---------- lrripmnded.Recowtrsd Found.Lost Sto4en-Ram Number,ArlicJs,Ouantfty,Brandl VAWWAnirfamref's Mod*Number,Serial Number,Miscetlaneou%Dwsr-riotion,Locatc Wrws Ukwi.,Yalu*,Inz1v(3*Total Lo*4-LIST IN FOLLOWING OROEFL A)Currency,Notac 8)Jewvlr),.C)Clothing,Furs:0)VehidW E)Ofto Equipment;F)Rapio,TvJ,eta G)Firearms;M k6v&*vid Goods:q Mar- 12.RoCar�irsd Prop"Z He said he was delayed about fifteen minutes while they stored all their telephone equipment in the motor home and then Sergeant Carpenter told them to return the motor home to the Field Operations Building. Once at the Field Operations Building, they were assembled in the Training Room And told that the Officer Involved Protocol had been invoked. Deputy Arroyo said he couldn't think- of anything important we had not yet discussed, but he was rather tired. The tape ended before I could note the conclusion time of 0920 hrs., on the tape. At about 0940 hrs., Inspector Leary and I interviewed Sergeant R_ Carpenter in my office. the interview was audio tape recorded and the following is a paraphrased summary of the interview (refer to audio tape recording for exact language), J In response to some standardized questions, Sergeant Carpenter told us the following information. He said he had been with the Contra Costa County Sheriffs Office for about twenty -six and-a half years. He is currently a serge-ant assigned to Detention Di ivision on graveyard shift (2200'hr-s. to-0800 hrs.) with Wednesday, Thursdav and Friday off. He said,he was up at the time he received the page from Dispatch. He said he had been up since 7:00 AM and had not been 6 bed. He said he had not had any alcohol., prescription medication or non prescription medication during the day. He states he does wear glasses. Sergeant Carpenter said he received the page from Dispatch at about 9:20 to 9:25 PM in his Capacity as a hostage negotiator with the S.W.A-T. team. He said he is the Hostage Negotiations Team Leader(call sign 1030). He said he called Dispatch and was told that there was a barricaded subject on Anderson Lane and the negotiators were needed. He said he called the other negotiators, Deputy M. Costa, Deputy G. Arroyo and left-messages for Deputy V. Mortensen and Deputy B. Reynolds. He told us he drove to the Field Operations Building, arriving at about 2145 firs, and got dressed in his negotiators uniform. He said he went to the computer terminal and obtained a printout of the incident history. IA.Di=Lbvt*n I&A.W'uon4i Routing CC [DDA [30E EDL Co [)SR [3V [3jvy ocoronw ❑PrC +�1'CX OACS [Dim-Wt. [31R.O. nSHC I&Repontin 9 Deputy(Print) 17,Pam I Tim.Yvtrtlen 13 P*trd C00ftin 0C4MpLO1c_ []Marine P%roJ R. Ingersoll 19.App­;riq Supy.(Print) 20.Suer.No. 21.Daft Z2.- FORMS (Aarv.1/89) 0167 PP4 wnwn is -5a _P 2-Coy Coo* 5.Aecu No '95-10679 Cen Assault w/Deadlv Weaoon' 21 23b 6.VICUM .j N F,M) T C*to On -R000rl 27114 �t6 rnDerger, Bridgette Jessica 4_1�_95 Aw—a/ Location of Occurrence 10.S.4po,-i's narrw(L.F.m) ..f_222 Anderson Lane Martinez Hcrnl>earger, Anthony Louis 11.Prop4M 0o*CnP$OM mipovr4ed.FAcoywod.Found,LosL S104A-from Number,ArticJe,Ovarill'tY.&&nd/Make/M9nLdACtu(W'%MO Numb*(,S-WhAtI Number,Mixc""Ous 0-tsviOtiM Local, Wrhvo Ukee%.Yshn.InclvO4 Total Loss-LIST IN FOLLOWING ORDER:A)CLoyoncy,NcKoc B)Jrwelry,C)Oothln;,Furs;0)Vehicles;E)Office Eawlperwrit:F)Ramo.TV,.et, G)Firearms;K k6u&*"d Goods:9 Mim 12.P-PUNWVd POOP S He said he then contacted Dispatch and told them which negotiators were available for this incident. He said he then also called Deputy C. Mould and Deputy C. Kay who were training to be negotiators. He said he had Deputy Costa start the motor home. When Deputy Arroyo arrived, he had Deputy Arroyo drive the motor home to the scene and he drove with Deputy Arroyo. Deputy Costa took his detective unit to the scene. He said they drove to Arthur Road across from Anderson Lane and then onto Anderson Lane as directed. He said they arrived at about 2200 hrs., or SO. He said they set up the command post and Deputy Costa had arranged with one of the residents on Anderson Lane (first house on the right off Arthur Road) to use their telephone line for negotiations. He said he connected the command post's equipment to the residents telephone Line and Deputy Costa called the telephone company to isolate the subject's telephone line. The two new negotiators, Deputy C. Mould and Deputy C. Kay showed up at the scene and stood -, . by to watch. Sergeant Carpenter had assigned Deputy Arroyo as the primary negotiator and Deputy Costa as the secondary negotiator. Lieuterllt,T. C o Q gan carne to the,command past ! and requested that a negotiator be sent up to the scene sohe sent Deputy Costa. He said he took" Costa's place as secondary negotiator. He said they made contact just as Costa left the command Post. He said they had discovered a problem with the new equipment and he was only able to hear Deputy Arroyo' side of the conversation. Deputy Arroyo would write him a note'about what was being said, or cover the telephone mouthpiece and tell him what was being said. He said that when the subject hung up, they would discuss what was said. He said that most of the times they sa c&Uc,,d the subject's telephone, the subject would,wait until his answering machine message was played before answering. Through his conversations with Deputy Arroyo, he knew.the subject had a 12 gauge shotgun, wasn't going to put it down and had his two and a half year old daughter with him. U.D=ibutwon 16.Acomonal Ak>u6ri9 ❑8 [3 C ❑CA ❑DE ML ❑0 ❑SR ❑V 0 Vice 0 Narcotics [3 Jur [3 corn iS.F*oorbng D*pvty(Pnno 17.Dave Time voku on 0 Proo�Ck 0 ACS rl tmokl. [3 FLO. n SHC R. Ingersoll L4�_ /14-0 C3 Pub Captain 0 Compl.01c. 0 M&rin*Ps"I ❑orw 19.Approving Sups.(Print) SUPY.No. 21.Dost 2Z P FC+W 8 Q;ov.1/89) 0168 -74PC DR No. 2.c4ty ccoq 1 5a 5 F;ecL*. 95-10679 Cen Assault wMeadly Weapon 2 6.victim .8(� F.M) 7.Os 0 .P�spon 8 Em;)4oy"No. r rnberger Bridgette Jessica T�-95- 27114 �to 1 4- A.Wres s I Loc-a t.ion of ,Occurrence 0.Suspect's P""(L.F.M) Ho=l>erger, Anthony Louis 222 Anderson Lane Martinez it.Property Oe—Vu— hnpovr4od,RP=vw*d,Found,LM Stc4n-Ram Number,Article,Quantity,BeandIMAWManufacturIK's Mode{Number.Serial Number,Miso*!Lxneouz Description.Lo,:.AUc Wt-we T&koe%.YIJVO,InCJLbd*Toutl Lo"-LIST IN FOLLOWING ORDEP,A)Currency.Notre:8)Jewelry,C)Clothing.Fun:D)VshicJoz:E)OMC*Equipment:F)Radio.Tv,,.etc. 0)Fir"nm M k6w&rhold Goads;1)Misc. 12.Rscuovw-w prop"5 He said the subject initially said his daughter was in the other room and later said she was sitting next to him The subject then told her to sit on the other side of him for some reason. Sergeant Carpenter said the subject kept talking about someone being in his attic. He said they checked with the S.W.A-T. team, but no one was in his attic or on the roof. Sergeant Carpenter said it was real windy during the incident and maybe that was what he heard. He said the subject seemed paranoid. He told them he saw someone at a window.. They again checked with the S.W.A-T. team, but were told no one was at the window. Sergeant Carpenter said Deputy Arroyo asked the subject several times to put down his gun, but the subject wouldn't do it. He said they asked him to send out the little girl, but he wouldn't and said he wanted to protect her from' molesters. The subject wanted C.P.S. (Child Protective Services) to come in the house and see his daughter. He said Deputy Arroyo explained to the subject that they couldn`t do that for the safety of the people unless he gave up. He told them he wouldn't do that either. Sergeant Carpenter said the subject apparently was afraid that they would dress ut) a female officer like a CPS worker. He said the subject talked about "he knew what we had to do", and Deputy Arroyo told him several times that the police were not going,to leave. Sergeant Carpenter said the subject knew the police were outside his house. He wanted them to communicate with someone from Concord Police that he.knew by the name of"Dave" and tell him about his daughter being molested. Sergeant Carpenter said they asked him if they could give the daughter to his wife, but he said he didn`t trust her. At about 12:15 A2vL Sergeant Carpenter said they telephoned into the house and the little girl , answered the telephone. He said they tried to 4pt her to come outside, but he.c cin"t think she understood what they were asking her to do. He said the subject came back on the telephone and they asked him to put his gun down so they could check on the IiWe girL but he told them no, he couldn't do it. Sergeant Carpenter said the subject put the phone down and Deputy Arroyo told him that he could hear voices in the background, possibly on the porch. 74.Gtsvibu6on 1&AZOWOnal ROV11119 08 ❑C pDA QDE pL po [D SR 0V [DACS [DIms4l. MFLO. OSHC 16.pwportir�q Depuly(Prinq 17.Dole TkTA"raen Or R. Ingersoll Q Omer is.Approving Sup,.(print) 26.Sup,4 No. 21.Dole 22.P- FOFU 8 Q%NW4 1/8 9) 0169 S,pPA*monLal - C"Y C.7 A.CIO lad 1. 1-24--)a PC ,.> N`95-10679 2 Uen Assault w/Du doll Weapon 2, fici is.v,-trn�t,.a N F,M) DO 0 .Report 9:,Exroorwo No, T�-95 27114 rnberger, Bridgette Jessica 4- i.A,od—,/ Location of '(D-ccurrenrpe 10.S4i&.o*,:As Nxme(L,F,M) 222 Anderson Lane Martinez Hornbeerer, Anthony-Louis 11.prop"D*iscrlptom Onpour4vd,Recovered,Found,Lost StN*n-Item Number,ArIkle,Ouantrty.INrsnd/M&k*/M#nu1&ctursf*s Mo"Number,Serial Number,M4COtt&r`00us D*SVIPtiOn,Locat, WNwe UkOA.VaJve,Includ4 Total Loss-LIST IN FOLLO MNG ORDER A)Currency.N04W 8)J*woiry:C)clothing,Furs;D)vehicles;E)Othce-EQuIPMent;F)Radio,TV&.ctc G)FW"rn,*:K 146vo*void Goods;p Misc. 12.FAC-oq*rVd PTOP"S Sergeant Carpenter said he heard one gunshot at about 12:30 AM. He said he could hear radio traffic and Deputy Arroyo telling him that the SWAT team had made entry into the house and was securing it. He said some people in the command post were also talking about it, but he didn't know who b--cause their area was closed off from the front portion of the command post. He said he knew that one shot had been fired; but not which side had fired it. He said they started putting their gear away and Deputy Costa had returned. He learned from Deputy Costa that the subject had been shot. Sergeant Carpenter said that when they first arrived, the subject's minister(first name "Ken"- Deputy Costa has full name) was there and he gave them some information on the subject, including sporadic church attendance, drinking problems and possible drug problems. The minister said he thought he could talk to the subject and they asked him to stay nearby. Sergeant Carpenter said the minister stayed with the subject's wife in the house next door to the residence whose phone Line they were using. After the shot was fired, he said he and Deputy Costa went to the house where the wife was and where the daughter had been taken, to check on them. He said he spoke briefly to the subject's -wife and told her that her husband had come out with the little girl and a gun and he had been shot. Sergeant Carpenter said the little girl told them her father had fallen down. He said the wife reaction was rather flat and he thought she was possibly*in shock_ Afttalking to the wife, Sergeant Carpenter said they went bark to the motor home and returned it to the Field Operations Building. He said they were told by Sergeants Woolard and Gilbert to wait because they were going to be interviewed. I showed Sergeant Carpenter the log I had been given by Deputy Arroyo. Sergeant Carpenter confirmed that it was the log he had made. I had him sign and date the log (copy attached) and I placed the original into evidence. We concluded the interview at 1010 hrs. 14.Dt"ibvtort I&Awitional i;5ufiriq Pt' 05 05' [3C [IDA E)EX [JL [)0 05R OV Mkbon [DV`j0j [DNarcotics [3Jur [I Comet C3 PMP"Ch- [D ACS E]IMWL [D FLO. 0 SHC I&ReportingDIPury(Pri 17.Dai* Time VWitfn Ia.0: ❑P_ CAPUin E)cc.�Ott:. 0 Mann.ParR. Patrol —2 4-0 11gersol? Dew r 12.Approving Supw,(Pring 24.supe No. 2L De tt 22.P FORM B 1/89) 0170 sup;)4vrKntat ? ,.i?fl Na. 2 Grty Casa 3.Crena/Gyasa+f�cauon a. Cpeu$t t 245a PC S.Fecu 95-10679 Gen Assault wJt7ead1 .Wea n 2. z 6.V�mm a F.N) - 7.-Data Can .Faport a.Employs+No. C arnerger, Bridgette / Jessica 4-14-95 27114 2,Addrses t Locat ion of ,Occurrence ,o.st,scrsct a Nam.a.F.M) 222 Anderson lane Martinez Hornber ,er, Anthony Louis ,,.prop"Boso pbom trnpounotd,Rac.ovwed,Found,Lost Stolen•Ham Number,Ar,icia,Ouantity,Brand IMake/M&nutactutof's Model Number.Soria!Number.Misoeitanoous pesutption,LOCAL Wham Taken.Value,kr t uda Taal toss-UST IN FOLLOWING ORDER A)Currency,Notoc 8)Jewelry,C)clothing,Furs;0)Vehidss;E)Otrits Equipment;F)Radio,TVs.a; G)Firearms;M Flbuaohoid Goods;0 Misc. ,2.Facovand Property S Following our interviews, Sergeant Celestre asked Inspector Leary and I to attempt to contact a Mona Murphy, the subject's sister, who was possibly at a house on Anderson Lane with a gray 1940's panel truck out front. On 4-20-95 at about 1222 hrs., Inspector Leary and I arrived at Anderson Lane and met with Detective M. Fisher who had conducted a canvass of the neighborhood, but had been unable to contact some residents. Inspector Leary and i first went to 232 Anderson Lane to attempt contact with Mona Murphy (1940 gray panel truck in front yard), but she was not there. r Detective Fisher stayed and spoke to the residents there while Inspector Leary and I attempted to contact residents at the other addresses where Detective Fisher had not yet made contact. 234 Anderson Lane : No one home -Business Card left for contact. 195 Anderson Lane: No answer- Business Card left. 198 Anderson Lane: No answer Business Card left. :=i 117 Anderson Lane: No answer -Business Card left. 125 Anderson Lane: No.answer-Business card left At about 1230 hrs., we went to 123 Anderson lane and'spoke to Janet Baker (WF 44 dob 8-30-40). She said she became aware something was happening when the police knocked on her door at about 9:00 PM and told them to evacuate because their neighbor across the street had a gun. The police didn`t want anyone to get hurt and asked them to leave. She said her husband, _ Roger Baker (WM41 dob 12-2-43) and her stepson, Rodney Baker (WM18 dob 426-76) left with her and they went to the batting cage place on Arthur Road and stayed there until 1:30 AM when they came home. Janet said the only thing she knew about her neighbor was that he was always making noise, building something, but he was nice otherwise. She said "Kathy" at 232 Anderson Lane went to school with his wife, Bridgett_ rid id,Daaribvtion , .Aparuona itrig pe pc ODA ODE OL po ❑SR [IV O kw"Itgaton p vice ❑Narcotics p Jur ❑cher ❑Property ck. O ACS ©lnteil. ❑FtO. O SHC J R In ors T 17.Ove Tirno Wrizon .p paz CAPUin p comps.oto. O l4. nne Patrol g �-L3-9 s /Z.,�o [a :: OtPW 19.Approving Supe.(Prinq 20.Sup+No.. 7;_* 22 . FORM H (Rev.t/d9) 017 ��^ 'r �..?i 3 Vvl�ra�:t..*-tti..,L'yY ...- ��� ,.� ,�Rs•I�a�:SyY���'". 3..'� J •'r•-8—•-•- .<�L y�>.J.L4 'S .a..yj� `l�e ��. E30X marunt!-z_ 1.DR No. S.Ar_saia 2- C;ry Cone 3.Cnrn4 245a PC 1_95-10679 Cen AZault W/Deadly Weapon 2, ��3b It.Viczm (1„ F.M) 7.Date On ,Report No. Ornberger, Bridgette Jessica - 4_1�-95 27114 I Location of 'Occurrence 10.Statoocl's Karno(L.F.M) 222 Anderson Lane Martinez Hor-nbe_rger, Anthony Louis 11.prop"DOOO-06M ------- ftnpour4od,Recovered Found,Lost Stolen-hem Number,ArUcIa.Ou&ntity,Brand/Make/Manufacturer's Madel Nvrntw.Serial Number,M*4*l,&noou%Description.Location Where Taken.WILm,Inr4uc4 Total loss-LIST IN FOLLOWING ORDER:A)Currency,Notec 131 Jqw*iry;C)Clothing.Furs:0)Vehicias:E)ofts Equlpmsent-F)Raolo.TV,. G)Fir"rrm:K 1416v"hold Goods:1)Mim 2.Aecoy Wad prop"3 We then went to 222 Anders-on Lane to see if Mona Murphy was at the Homberger residence. We spoke to Mrs. Mindrup, the minister's wife who was staying with Mrs. Hornberger. She said there was no else there except Bridgett who was taking a shower. We returned to 232 Anderson Lane and spoke briefly to the minister, Ken Mindrup, the pastor of Morello Avenue Baptist Church (228-4284). At about 1245 hrs., we went to 234 Anderson Lane and met with Tarr:iie Speetzen (WF31 dob 8-2-63) 228-2933, the resident who had returned. Tamie told us she let the police use their telephone line, and stayed in the house or backyard the whole time with her children. She said she didn't see or hear anything of what happened. She said her boyfriend, Perry Wiseman (W'_% 35) Pager 4340-0137, and a friend of his "Tom" from work were home also, but she said she doesn't believe they heard anything either. -OV, We returned to.the office and Sergeant Celestre asked us to go to the Main Detention Facility and contact Sheriff's Aide Cheryl Cole, Anthony Horniberger-s ex-gir-Iffiend.',We went,to,the-,MDF, but learned she was not working that day. On 4-20-95 af about 1750 hrs., I sat in with Serge-ant Celestre when he inter-viewed John McDonald, a friend of Anthony Hornbergees who said Anthony had spoken to him on the telephone during this incident. The *interview was video tape recorded (see Sergeant Celestre's report for further information). Following the interview, I found I had a message waiting from a Fred Gillian.198Anderson Lane who called, at 5:47 PM. He said he had found may card, but he said he would be leaving immediately. He said I could reach him between 7:00 and 8:00 PM. He did not leave a telephone number. On 4-21-95, 1 received a telephone call from Kimberley Hedemark who told me she found my business card on her door. Lt.Distrit>ir0an I&Adatwnal AovZng OB CC 00-k ODE OL 00 CSR Dv V D-na avan Ovioe ON-arcotcl, 0 ivy 0 coKor»r C Prop"Ck. C ACS C InWI. C R.O. C SMC 16.Repon nq Deputy Tn" 17,Oslo Time"iten 14.Dim '.[3P*toic4wwin Ocompt.oic_ 0marin4ftwol R. Ingersoll Coew 12.Approving Supe. 20.Supv.No. 21.Date zz.P_& FORMS (Re-Lifag) 0172 2.Cny Cwo 3.c4v"JC45w["tKon 4, -24Da ?c S.Fella 95-10679 Cen Assault w/Deadly Weapon 2 WC e.V�ctm F M) Efrooy"No. - / Jessica 27-114 L�Lger, Bridgette -- �-14-95 10.Suspect's Name(L.F,M) Location of 'Occurren�.e 222 Anderson Lane Martinez Hornberger, Anthony Louis 11.prop*rrI,004,cripsocc Impounded,Kwo*WP:i Found,Lost Stolen-horn Number,Article,Ouantry,Stand/Make/Manufacturef's M06*(Number,Serial Number,Mi"**Lan*0u$Description,Lbcxtrc Wt-wo Taken,Value,includ,*ToL&I Lo%A-LIST IN FOLLOWING ORDER.A)CorTencY.N01*44 8)..4wviry-C)Ciothing,Furs;0)Vehicles:E)Office F)Raoio.TVS.at-, G)Firearms:h)46usohc�d Goods:q Misc. 12.P16coyWVd Prop"S She said she lived at 125 Anderson Lane in Martinez (hm 372-8349/wk 372-9100 ext 3330), 1 asked her if she had been home during the incident that occurred on 4-20-95 at 222 Anderson Lane, She said no. She said she had been out and was returning home at about 10:30 PM when she found the road blocked by the police. She said she stayedthe night elsewhere and returned home in the morning. On 4-25-95 at about 1422 hrs., I called and spoke to Yvette Jernigan who had left a message on my voice mail on 4-20-95 at about 6:08 PM. Yvette said she lived at 117 Anderson Lane (313-8968) in Martinez and had found my card on her door. Yvette said she was home the day this incident occurred. She said she saw a police car at the end of the street and saw a deputy and him (her neighbor who was shot) Wig. She said she heard "Why?" and "What happened last night?". Yvette said she later heard knocking on her door and there was a deputy asking them to leave because her neighborI . The deputy told across the street had a rifle and he was going to shoot t -Holiday Con them SWAT had been called. She said she left and went to cordwhere she spent the night. She said she returned home about 7:30 AM. Yvette said she had met her neighbor before, at Graybar (a business) and he seemed like a nice guy. She said, she heard through her neighbor, who lives ne,-it the comer where the Sheriffs Command Post was parked, that he was up for days "tweaking" on drugs and was convinced his daughter had been molested. She said he and his wife were supposedly arguing. Yvette.said she also heard at first that he had shot himself, but then that he-,had been shot by the SWAT team supposedly with Y bean bag, but she felt it must have been a bullet because of all the blood. On 4-28-95, 1 received a copy of a report written by Inspector Leary regarding our contacts (attached). E)B c M CIA DE L 0 SR V c3N-czdcs 0-h-. OC —w 0 Prowvr Ck. [3 ACS [D InWI. 0 KO, C3 SHC 16.Reporting Deputy(Print) 17.Dale Time Writ- R. Ingersoll �2-y-=� CP=b copoin [3comPLOIc. Okun-*Ntrol 19. 20 No. 22.F FORM B (Fiov.1/69) 0173 :0. Box 391, Martinez, Lwilornia Supplsrnentat L I.DR No, 2-Ctrf Coa* 3,C-rwr,*/Ci&&.w1 tion 5a 5.arc 95-10679 Gen Assault w/Deadly eapon 2. LJb 6.v=rn �j N F,M) 7'.Da to On Pio Pon 1, Exnp4oy"No. t�, Hornberger, Bridgette Jessica 4--1 -95 27114 Awreas I Loca t ion of 'Occurrenc e 10,Suso*cl's Nan-4(L.F.M) Hornbe-aer, Anthony Louis 222 Anderson Lane Martinez knpo rdivd.R&=Ywvd.Found,Lott,Su)4*n-Item Number,Number,Article,Ouantty.srand/liAske/Man0acwter's Mot*Number,Swrial Nwnbor,M*o64taneous DtSch0bon.Locr. Wtwe Uker,Yalue,Inciu.::i4 Total Lou-LIST IN FOLLO"NG ORDER:A)Currency,Nolac B)-* VOY,C)0citning,Fvra;01 Vahicis:c E)Office Equipment;F)Radio.Tvs,r G)Firearms:K t4bc,ua4�to4d Goods:Q Misc- 12.Rw-o M-Vd ftvp"S Thus far, I have not contacted Fred Gillian 198 Anderson Lane and have had no contact from the residents at 196 Anderson Lane. I have also not contacted Perry Wiseman or his friend "Tom". On 04-25-95, at Sergeant Celestre's request, I released the items I had received from Deputy McKeand (pager, Rolaids, medical paper and personal checks) to the victim`s wife, Bridgette Horriberger. I placed the interview cassette tapes, Hostage Negotiation tapes and the Hostage Negotiations log into evidence. A .U.LksVtDtttrOn 1L.Awrtionat-i;q (]B [DC CDOA [DOE [DL [30 OSR OV C]Narcotics [Div [3Co'o 13P-WYck. []AM []Intsil. [3FLO. [I SHC icRwoomnq NwTY(Print) 17.Date Tiene .13P-04C.4-ptain Oco(�Ofc- Fimannepwro( R. Ingexsoll -5 -2,3,-9 r - 12,Appro"ng Supe.(Pring 21.Dote FORM 0174 A, �} lNlOnl \,�N o 1 9� �0679 0175 .�a�a 1:r,.u_.s.'W.�.t...:.r:.._..c1.�r1:.i...._ _....ti..d.s��.-1'e.k:S.. i��E'R4::V- �v�it�l6'..�6�i.M5,`.a.Zatw•sTtd+•��"�i....aaCi.��N.e3•aS��.i,..i�F�F=.L"��ca'?LSl's�S3lY� �'s����....�. x.- 3 , i :q � 1 Ilk 1n Jn os�33 0176 r t Ci J E Eel ,- ' ___ 01'77 _ _..,-.-,?:� ..a.,,a sr-.... t.,...,�. Ssw_...r..--e.�'..- .asy�rv'..i,.:%� r.._.. •r. � .�,,..� -�.�-• - •. "-' --. '" may,, yq, '7.r: .�r3r.,�.ti+.1.L,...Yr.i_.kae. �C'4G`iY'.6't+i� �t'``�M.S,%a..;��""'+�i1...4J�'-ti.s,���� +$n�'.3r^3�,�7�•�. vase DISTRICT ATTORNEY'S OFFICE CON - A COSTA COUNTY rN YTSTIGATION REPORT CPJIVM: OFFICER INVOLVED SHOOTING DA FILE #: (PROTOCOL CASE) x ref: CCCSO 95-10679 DEFENDANT: Hornberger, Anthony Lewis (8/05/52) ORIGINAL Copies of report to: X Deputy DA R. Hole X Other Sheriff's Office Requested by: DDA R. Hole Date: 4120/95 Inspector assigned: Tom Leary Special Operations Division INVESTIGATION SUMMARY: S Report concerns an Officer Involved Shooting involving members of the Contra Costa County Sheriff's Office. The Protocol was invoked, resulting in a joint investigation by members of the Sheriff's Office and members of the Contra Costa County District Attorney's Office. This report concerns interviews conducted by me and Sheriffs Detective Sergeant R_ Ingersoll of witness officers, as listed below, y Deputy J. Mahoney R Deputy A. Burt K Sgt. R. Woolard >? x Deputy G. Wright K Deputy D. Brown e Deputy G. Arroyo o .Sgt R. Carpenter Additionally, we canvassed the neighborhood where the incident occurred, and talked to: Janet Baker 8130/40 123 Anderson Way Martinez 370-0342 Narrative begins on page 2. Rezaort - Thomas ry ni r Ar April26 S - 4178 Ye.ala'+.'.s:';:�.3<�•.' �., � v x-z� ,,--� -1',::,i ,`,.�y.'.YS"�s`'1Slb i.aaaYLtw?'va.$�i -�.r�`St�d3f:--.+•ciX� x�' +4 tqt 4+J.'^<i�c."d S'�"' '�Jw � . 'fir INVES TI GA T1 VE NARRA TI VE - A ril 20, 1995 At 2:00am, Senior Inspector R Caskey called me at home, advising there had been an Officer Involved Shooting in Pacheco involving members of the Contra Costa County Sheriffs Office. The Protocol had been invoked, and Caskey asked me to respond the the Sheriffs FOB in Martinez to participate in the investigation. I arrived,at the FOB at 3:05am. After some disc tmion regarding the case, I went to the scene of the shooting with Caskey, Sgt. R Weckel, and Sgt. R Ingersoll. We left FOB at 3:40am, and went to the scene to view it, so as to be better able to ask appropriate and relevant questions of the witnesses, We arrived at 3:45am, and we walked single file up to the front porch, accompanied by members of the Contra Costa County Criminaiistics Laboratory. After making my observations,,I retraced my -- steps to the street. We left the scene at 4:00am, arriving at the FOB at 4:05am. It had been determined that Sgt. Ingersoll and I would work together conducting interviews. Additionally, the Sheriffs Office volunteered to-document all of the interviews. At 4:20am, we interviewed Deputy James Mahoney in Sgt. Ingersoll's office. The interview was tape recorded, and ended at 4:46am. At 5:03am, we interviewed Deputy A. Burt in Sgt. Ingersoll's office. It was.tape recorded, and ended at 5:33am. ` At 6:06am, a short briefing was held involving all of the investigating officers, which lasted until 6:15arn. At 6:24am, we interviewed Sgt- Woolard. The in R ter view was taped, and ended at 7:18am. At 7:38am, we interviewed Deputy George Wright. The interview was taped, and ended at 8:02am. At 8:08am,.we interviewed Deputy Dave Brown. The interviewed was taped, and ended at 8:37am. At 8:48am, we interviewed Deputy G. Arroyo. The interview was taped, and ended at 9:20am. t4 At 9:40am, we interviewed Sgt R Carpenter. The interview was taped, and ended at 10:10am. T. Lea 2 0179 -r77 7 INVESTIGATIVE NARRATIVE At 10:10am, another briefing was held, additional investigative priorities were identified, and assignments were made. I was assigned to go with Sgt. Ingersoll and Detective Fisher to complete a canvass of the neighborhood, attempting to contact the residents that had not yet been contacted. At 12.15pm, we knocked on the doors of the surrounding neighbors that had not yet been contacted. The only one Ingersoll and I found at home was Janet Baker. Cards were left on the doors of the other houses (117, 125, 196, and 198) asking the occupants to call Sgt. Ingersoll. At approximately 1:15pm, Ingersoll and I attempted to make contact with Cheryl Cole, the suspect's ex-girlfriend. She was not at work. At approximately 1:45pm, I returned to my Office. My copies of the taped interviews will be retained by me. y Refer.to Sgt. Ingerso€l`s report for further details. NTI . r T. Lea 3 01&0 r+•..r»-.ti.- ,s,_ S t�..rr..,_r:%a c 'r_ x DISTRICT ATTORNEY' S UFF ICE .:CS 1 A INVESTIGATION REPORT - CCCSO Type of Invest . Officer Involved Protocol Rx.A.File No . 95-10679 Subject/Defendant : Anthonv L. HORNBERGER Supplement No . I Copies of Report to : District Attorney Assistant D.A. = Chief Assistant D.A. =Mtz.=Rich.= Spec .Ops . = Chief Deputy D.A. Deputy D.A. CJ Other Investigation Requested By CCCSO DateOL-20-95Due Assigned by Sr . Inspector Robert Caskev DateO/-, -?0-g5 Investigator Assigned Ted Soy-row Q Martinez Q Rich. Q P .H. Investigation Summary: SUSPECT: HORNBERGER, Anthony Lewis - dob 08-05-52 222 Andersen. Way, Martinez 94553 ; 370-2446. Plumber WITNESS : HORNBERGER, Brigitte Lee - WFA = dob 01-15-60 222 A.-iderson Way, Martinez 54553 ; 370-2446 Housewife WITNESS : CAUTHEN, Jerry - Criminalist CCCSO - Crime Lab; 646-2455 WITNESS : Sergeant Greg GILBERT CCCSO WITNESS : Detective Mike COSTA . CCCSO - FOB WITNESS : Deputy Mike BAETA CCCSO - Patrol. : WITNESS : TENNANT, John c/o Carroll, Burdick & McDonough 'z 44 Montgomery Street, Suite 400 San Francisco 94104 ; (4 15) 989-0932 Report BY : Ted Spyrow, Sr. Inspector Date : 05-01-95 name citle DA-114 pl$1 INVESTIGATIVE NARRATIVE, CCCSO No . 95-10679 Pace No. 2 .t WITNESS : BENNETT, Pamela Miranda - WFA - dob 06-01-56 306 Jacinto, Pittsburg 94565 (Mobil Home Park) 432-7110 Waitress - Ba ken' s Square - Concord; 689-9365 04-20-95 - 0150 hrs : Senior Inspector Robert Caskey called and requested my assistance in a shooting incident involving a deputy of the Contra Costa County Sheriff ' s Office . He explained that a Delta Team had responded to a report of an armed, barricaded subject cff Arthur Road in Martinez . During negotiations to surrender, the subject was shot in the chest by a Delta Team Officer who believed he had fired a bean bag round. As officers rushed to restrain him they discovered he was dead and that something other than a stun round had been -f rad from the deouty' s - shotgun. Caskey asked me to respond to the Sheriff ' s Office Field - Operation Bureau and await assignment . 0232 hrs : I arrived and contacted Sergeants Rick Weckel and John Celestre. They explained that I would team up with 'Sergeant Celestre and would be leaving with him shortly to pick up the suspect ' s wife and transport her back to FOB to interview her. 0307 h-1-s We arrived on scene and contacted Brigitte Hornberger at 232 Anderson Way in Martinez . She was subsequently transported back to FOB . ' 0328 hrs : I participated in the interview of Brigitte Hornberger with Sergeant John Celestre . The interview was recorded and will be covered in Sergeant Celestre ' s supplemental report . 0535 hrs : _Criminalist Jerry Cauthen photographed injuries Mrs . Hornberger received during an earlier struggle with her husband_ For details refer to his supplement. Term 0549 hrs . 0550 hrs : Sergeant Celestre told Mrs . Hornberger that her husband had died and wanted to know who we could call for her. She immediately broke down, cried and blamed herself for what had occurred. She then asked me to call her rather, Bob Lafleur at 372-6747 . 0182 y.. . ..=; 1-.tr�....•'Y:,i�`.w SSu:.�.5x.--,. ..s.Sl.r,' �?c.itv.:J.i.a:.rZ--..-1...,.:?"rte _._,.. '� -- •+txa'a=«:.YSif+4,i�..a? ��_.l.�.ft3'•"`.hot3.'*6�"'�r-'y''.'s'.���'.t!..fc� ._ R---T-r- - - ...tai::+�'��.hf1.�3Lsh....•.t:+:.kr�'tt;& n'�- ,+% "` `� ....`.'+�`„I�s�'_. INVESTIGATIVE NARRATIVE CCCSO No. 95-.10679 __Page No. 3 ------------- 0554 hrs : I called the Lafleur residence, however no one was apparently home . A message was left on the recorder for him to contact his daughter as soon as possible . 0633 hrs - 0720 hrs : I participated in a second interview of Sergeant Greg Gilbert . The interview was recorded and will be covered in Sergeant Celestre ' s supplemental report . For complete details refer to tape recording. 0738 hrs - 0814 hrs : We next interviewed Detective Mike Costa, a member of the hostage negotiation team. Our conversations were recorded and will be summarize in. Sergeant Celestre ' s supplemental report . 0827 hrs - 0933 hrs : We next spoke with Deputy Mike Baeta, a Delta Team member, who was accompanied by John R. Tennant, his attorney. The interview was tape recorded and will be summarized in Sergeant Celestre ' s supplemental report For complete details refer to tape. 0950 hrs : Investigators briefed one another on information they had learned. Celestre then assi�..ed us to interview Officer R. Ross #165 Concord Police Department re 95-9979, Mona Murphy (Suspect ` s sister). and Pam Bennett, Brigitte Hornberger' s friend. 1146 hrs : I called' Pam Bennett and scheduled an appointment with her for 1.300 hrs this date at the Sheriff ' s Office FOB*. 1150 hrs - 1157 hrs : I attempted to locate Mona Murphy in the Clearlake-Lakeport area with negative results . 1334 hrs - 1400 hrs : We interviewed Pamela Bennett. This interview was tape recorded and will be covered in Sergeant Celestre ' s supplemental report . I concluded-my assignment at 1530 hrs. IT ` TS/dwc 0183 DISTRICT ATTORNEY'S OFFICE 1 CONTRA COSTA COUNTY INVESTIGATION REPORT Type of Investigation: Protocol Call Out DA File No: Subject/Defendant: Hornberger Supplement: SO 95-10679 Copies of Report to: District Attorney Assistant D.A. Chief Assistant D.A. Martinez Chief Deputy D.A. Richmond Other: Special Operations ----------------------------------------------------------------- Investigation Requested by: DDA .Hole Date: .4/20/95 Assigned by: Date: Investigator Assigned: John Wasson, Senior Inspector - Investigation Narrative I received a call from Senior Inspector Caskey requesting assistance on an officer involved shooting on 4/20/95 at 0155 hrs. This had occurred in Martinez, and involved the CCC Sheriffs Department. I drove to the Field Operations Building, arriving at 0245 hrs. I went to the scene of the shooting, 222 Anderson in Martinez with CCCSO Sgt.. Knutson, at 0302 hrs in order to orient myself with the scene prior to interviews. Of note at the scene was an unexpended shotgun round on the porch near a pool of blood. This round was opaque white plastic, with the words "Mechanical° Key" printed on it. I also observed an expended round of this same type between the cab and utility box of a. pickup parked in the driveway of 222 Anderson. A shotgun with 2 unexpended rounds, red in color, was lying in the dirt below the porch of the house. We left the scene at 0326 hrs and returned to the FOB. Sgt Knutson and I interviewed Deputy Chris Forsyth from 035.0 to 0417 hrs. This interview was tape .recorded and will be reported by Sgt Knutson. Dep Forsyth is a member of the SWAT team, and this interview covered his actions and observations wi during this incident. Sgt Knutson and I interviewed Deputy Kevin Ryan from 0422 to 0439 hrs. This interview was tape recorded and will be reported by Sgt Knutson. Dep Ryan is a member of the SWAT team, and this interview covered his actions and observations during this incident. g' 1 0184. .ZL5 yam•-+ L " i�'..'1•-`. .�>....s�..e+-z..•��_ ..x._: ryas=...f....r'+r�...a.:� .<e-.T.Ee t�:rn:..�,..�i.�.e7`.vaH"},�ed�y`Y:a.��+iwsv�Ns�F���--�'i.•��aY'"�w��t�.:'Ra'r�� Sgt Knutson and I interviewed Deputy Mike Campisi from 0446 to 0509 . This interview was tape recorded and will be reported by Sgt Knutson. Dep Campisi was working patrol at the time of this incident, and this interview covered his actions and observations during this incident. From 0550 to 0600 Sgt Knutson and I examined an ammo box in Capt GackowskiIs office. This box was marked "12 Ga Stun* Bag" on the outside. The ammo., box had been removed from the armory after it 'was removed from the SWAT van upon the officers returning from the scene. The box and its contents were photographed and was taken by the Crime Lab. At 0605 hrs the various investigators had a briefing to update the progress of the interviews and make further assignments . From 0632 to 0642 hrs Sgt Knutson and I interviewed Deputy Houle. This interview was tape recorded and will be reported by Sgt Knutson. Dep Houle is a member of the SWAT team, and this interview covered his actions and observations during this incident. From 0648 to 0732 hrs Sgt Knutson and I interviewed Deputy Vic Fernandez . This interview was tape recorded, and will be reported by Sgt Knutson. Dep Fernandez is a member of the SWAT team, and this interview covered his actions and observations during this incident. From 0745 to 0821 hrs Sgt Knutson and I interviewed Sgt Newman. This interview -was tape recorded and will be reported by Sgt Knutson. Sgt Newman is a member of the SWAT team, and this interview covered his actions and observations during this incident. ' From 0834 to 0907 hrs Sgt Knutson and I interviewed Deputy Chris Thorsen. Dep Thorsen is a member of the SWAT team, and this interview covered his actions and observations during this incident. After waiting for other investigators to finish their interviews, a debriefing was held at 1000 hrs, to assign further tasks and update the investigative team as to the facts =•o;f the incident known to that point. I then contacted Mount Diablo Medical Center security, in order to interview a security guard who had dealt with the deceased prior to this incident. I learned the guard was off, and had the director of security fax a copy of the guards report to the FOB. At 1415 hrs Sgt Knutson and I attended the autopsy of 2 0185 ,,`X ,,.v z'. 'a-• s ;.•---`'a bfsf-ems' ,.•::�+ s. .r,��_3.¢�_,.�`�� "4� `.,.u��,�y>- c^.v]r:�.w3iai:-:�.?3N'12:..3;.1i,�lwl.. Y�:K.3i{ae'•� �.4#2.. sem_...✓_iA"�i.:.ain• -._iit44aW^r -r. Hornberger at the morgue. Prior to the autopsy, Sgt Knutson briefed the pathologist, Dr. Daugherty, as to. the circumstances of the shooting of the deceased, including a description of the particular shotgun round used. I left the morgue at 1630 hrs and returned to the office. Report by ohn Wasson, Senior Inspector Date: 4/24/95 3 0186 __...-t..�E.aaer.J... r�,..,.'.... _.. jT�ti.-z�Yu.�?^,+.+�s „2'-�;ei�:�,:n1tr'�L`'.$..?ar✓a7��5'�'.�,a=�«r�,rr� s' T f r .�.;e. r -'y`,. :.. +r r �....� `"3'sr,a 0&W4-4natl r; ?. Bax 391, Martinez, Caliiomia i34 -vt U N-- ""= L 1.OR Na 2 Cxy Gorst L Grrno/Cars*r%CX%-0n <.Dwt 12 4 s.Reuuss- 95-10679 Cen Assault with Deadl.v Weapon �. tsta►on L vlcsm N.J(L F,K - 7:Ot Ong.Reporl L E,roar«Na--- - ❑ Hornberger , Bri ette 4719/95 22325 �d eta J Low 'noeuere rant 1d.Suapec ra Name(L.F.M) l 222 Anderson WY Martinez Hornberger . Anthonv 11,Property DeecrLpeom lnpovnded.Aoco orecl.Found.Lott Sto)ert-ham Number,ArtkJe.Quanitry,Brand/polka/Manufacturtr't Mod*(Nurnbn,Serial Number,Mis�mt QescrgttiorL Location WTwe Takert,Y*Jut,irciudt Total Loos-UST iN FOLLCPMi 4 ORDER A)Currency,No ,B)Jewelry C)Gloating,Furs:0)VW)ieioc:E)01%c*EoulPrnont F)Raao.TVs.etC4 G)Flrearmc;M Nou"hoid Goods;t)ML*c. 12.Recorertd Property i i On 4-20-95 at 1445 hrs . , I attended the autopsy on Hornberger. This autopsy was conducted by Dr, L. Daugherty (Coroners Report #95- 0529) Also present during the examination were Crime Scene Investigator C. Martin, Coroners Aide G. Wald, D. A. Investigators, J. Wasson and R. Caskey. Dr. Daugherty' s examination revealed one gunshot wound to the chest of Hornberger, and one small laceration to the back of his head. One plastic 12 gauge shot sleeve along with a small amount of granular material was recovered from the decedents body. (see criminalist' s report LAB # 95-3136-B for evidence description and r collection) . Dr. Dau pert told me the cause of death was a single 9` y g gunshot wound to the chest . The projectile had passed through both lungs and the heart . ry j tt D rc,txnwn 1-1Aa4monai Routing ,8 ❑C ❑pit, ODE ❑L ❑Q ❑SR ❑V u it apat;a, ❑Via* p Narc*tics ❑Juv p Coror»r ❑Prot"Ck ❑AGS 0IrntiL 0 R.O. n SHC tai Reportnng Deputy(Print) 17.Dete J Tsme"Men I&Drsc trtro ❑Pi C.Poin ❑Corro.Otc ❑Monne Pit trol Sgt . J. K n u t s o n 4/24/95 15 0 0 C Cht+r 14.Appro.ing SuiN.(Print) 20.Supe.No. 21.Dew 22,Put L. 'oRi i a (Ae-.1/a 9) $ ''�" ::.._�. `•::s,.+,��y n`- .,. *-1-FaY.�c- .t z..'of"ati:�t.'3r;.,. ' a""��''[:oY:.ga.k��`.rq�.�t�. �?< s :��'�w'ur.--1754'v�A'/y6r�'°�j�.fs'"•g'p`r t L`Y' "L1'."tr%f%it3�'°�*�-r� '.r:� i: z: :f DxABLIO MODYC&L CENTER f 2540 East St.: Concord, Calif 94520 95-386 _ CASE SECUR= OccupItBNCE REPOF= Typo Of Occux-reucc DuzMRANCE Date Of Occurrence 4-IQr95 .Time Of Orcurreuce 1540 Loca-tfLdu _ER Date Occurrence Reporte�3 Ti=e Occurrence Beported acme Reported By R 343 Status Address �$C Phoue Principal Party RNRFRGFIZ, Stags W_ A 1-15-60 Address 2�2. A ��I3 TcIAY.MT7 Phone 370-2446 Name Of Witness QED T4T'KOPA Status .Address Phone DESC RI;FTION OF 0CC`URREN`CE: SO ROSALES AND I WERE REQUESTED TO COME TO THE ER ROOM BY THE ER STAFF REGARDING A SJ IN THE ER WHO WAS HOLDING A 2yr OLD WFJ THAT WAS THE POSSIBLE VICTEM OF SEXUAL ABUSE. THE SJ WAS REPORTED TO BE VERY AGITATED AND THERE WAS MENTION THAT HE MAY BE IN POSS- ESSION OF A GUN. ON ARRIVAL AT ER OFF ROSALES CONTACTED THE WM HOLDING THE V,ANTHONY LOUIS FiORNBERGER,- WM 8-5 5.2', 222. ANDERSON WAY,MTZ. THE..V..WAS_IDENTIFIED. AS JESSICA MONA LORRAINE HORNBERGER WFJ I1-18-92. I MADE CONTACT WITH'HORNBERGERS WIFE BRIGETTE LEE HORNBERGER,WFI-15-60 IN TH£ £R WAITING ROOM. BRIGETTE SAID THAT SHE WAS VERY AFRAID OF HER HUSBAND AND- WOULD' NOT GO HOME WITH HIM. SHE SAID THAT.LAST NIGHT HE WAS DOING CRANK AND STARTED ARGUEING WITH HER ABOUT 0100 hrs THIS MORNING. HE ACCUSED HER OF BEING A LESBIAN AND AT ONE POINT IN THE ARGUEMENT POINTED A LOADED ASSUALT RIFLE AT HER AND SAID HE VAS GOING TO KILL HER. BE THEN ACCUSED HER OF MOLESTING THEIR DAUGHTER, JESSICA. DR SHIKORA EXAMINED THE V AND SAID THAT THE RESULTS WOULD BE DETERMINED LA TER- HE SUGGESTED CPD BE CALLED AND I DID SO. CPL DON .HOFFMAN RESPONDED WITH OFF BOB ROSS AND OFF PHIL PETTUS. THE V JESSICA HORNBERGER WAS ALLOWED TO LEAVE WITH ANTHONY HORN- BERGER AND A FAMILY FRIEND"WAS CALLED TO PICKUP BRIGETTE HORNBERGER. FOR FURTHER INFO SEE CPD CR#95-9979 DESMU=Olf OF PROPEE= AND/OR SUSPECT(S): ANTHONY EORNBERGER / BRIGETTE LEE HORNBERGER EVIDENCE C ? PHOTO TAKER ? POLIO COHT.A(:7M ' yF G POLICE OFFICERS ITAIfE BOB ROSS RE'20U 't qS - ggZg Secax: ty Off�t iteport R�viccxed I3y - axes Date Sc 7-line Report 'Qrj ctcmI I Date & =xwe R,cvieved Page Of Pages trx.S n-+aHTCT 11.1 bo�#c, -ar Cr-.. a7 �-�H 4^Hi'..:b.�J:.rt1_:;w f..}_+•:,.• ..ti: 2 :w`ss'ii ..✓.-.`„isisCG:5bc�'i'.:.'SAr.;..x.:sL'Xi3.:''`ce.'. .''r.+xal�.Y.X. '.�e".. .£�.a., �*f,``'+�.- 3?`. dA�.Y-'s..wc "'Yf ,yys?�•,yt,,,;,i,+:,�"Siy .zr -. a,.�'?_ii a.j..{���•., y;. 1 t Isis02 26 pout W.. '� i � ---� , � r _ , � , o �o zo CONCORD POLICE DEPARTMENT CR# 95-9979 OFFENSE REPORT PAGE i — - 104/19/95 16 : 00 1415 PC DIS'T'URBING THE PEACE -- 'OCLOfltitU-DATE � ENDn�.FTc OCOI)aFIED TR7(^ Tu+E lA� - - 04/19/95 I /-- / _ 16 :00 _ 2540 EAST STREET - 1 R.'SQTWC. CONTRA COUNTY SHERIFF' S OFFICE PERSON It1VOLVEMENT C00ES A-ARRESTEE S-SUSPECT K.CN 7-VICTIM C-COMPLAINANT J-SUBJECT W-WITNESS B-6UsINESS VICTIM O.OWNER Vt I IA:T= FIa57 r, mc NC Pr,OME �� 91�. PF10NE C -1LEE, LARRY ( ) - (510) 674-2333 ATT ` jiSOCIAw!"'T NO. RCONCO74 T 2450 EAST STREET STATE 7- E _ N'OITION�� ,UI(MATKN/ wvt T '• LnCTTIAME, 'FlJJT-u,�DO���'�• _ -. HOME PMGQ• I eta' r'I'y�ryLT°�`r—'1"•e«< J HORNBERGER, ANTHONY LOUIS (S10) 370-2446 (510) 419-4528 ZIP "3 S�.i secuarrr Na 52 ANDERSON WAY MARTINEZ CA 194553 j --- - Ou+w w0 FlAt '_ 2l — 9EY FIE IICFT"_ wt�CAT'--I w(fi EYE 08/05/52 42 w M 511 165 $RN GF�N a 0me l LAS tmmii. Fla_`-T MIDUtE N ACS.viOtiE J HORNBERGER., .BRIDGETT LEE, (510) 370'-2446 eT I ( ) - er L F RITY NO52 ANDERSON WAY ARTINEZ CA +94553 j—- — —_ oiNroFPO .• --- ET[•t—' D06 I�cE IAAGE �sEJc "('n[JG+iT VICN- 7 nnY. Icrlr �— 101/15/60 135 Iw I` I ADOTTIOF11.t iN(ORYATION _—, ;i ,:I 4—___ar �_��—_• ._ �Tiii.._..._. -_ _ Sur p .• I.l_ wvt " Ti..srFa..>A_. PIRST wont_ - J HORNBERGER, JESSICA MONA-LORRAINE (S10) 370-2446 ( ) �52 MATE'--' LP ANDERSON WAY (MARTINEZ CA 194553 — • 7&N AD Na •• ..— STS_-.. DOB AGE' Fsu ACE IR OM I'Trv,Ia IP'�>- 111/18/92 12_ (W .rnrtIONIL ri�FUATIOFI M-BRIDGETT FATHER:ANTHONY _ 1N�t tiSfF+FJC. FIhaT YIODIE � I MVYE PMOI•f' BUS.PMO IJ �HORNBERGER, JOLENE _ (510) 370-2446 f Ap��Se• cn,? STATE--'F4553. C[�r..�.l sECUiaTY NO ' IS2 ANDERSON WAY MARTINEZ CA -_- 61 ARi NO. � STATE O Ac;E �- ;/¢ MIR - 06/09/94 1 W F _ (MOTHER: BRIDGETT_ FATHER: ANTHONY - 4- 0189 �rtEroR'iwGoFFicER ATO i­� � O�AE-wi OSS 0165 R�bwc.v NO�TYPI.Er' w4rE Awo tl►tC 5aEP—o7aTI:T31D:v45RrYcxBw e 'Ts..._. ._..�,� .____ _Ater.-..�-...,,....yi./,^.;»..; si.....Y,):.k br as...,�4:t` ,.•�..:.Pik:3FxF ;ia .v .451.'`act�w r"'a''. - m:ct`}.sNo: .tti:N va �#:i�5 " �1� "5. n?�`$cb�i �r�.f-.754:a r3'k�" :..'?s,� OFFENSE REPORT >',:.'; PAGE 2 _ PERSON INVOLVEMENT CODCS: A.•ARRESTEE S-SUSPECT K.CN V•vlCTlw C.coypi/uNANT J•6UBJECT yy.yy ESS g.guSINESs v1CTlu -' } A. - - ==.*rte•:- ,�„•.c+.-.,.ci...�:.:, u...,�-_ _1771c - --x.:.....•r O'OwNEA _-.-..- II ,V�.iI++WE Fif tNtE ONE. _.IJ DR. SHIKORA - - } _ (SIO) 674-2333 AaoRE— cm 2450 EAST ST CONCORD �GA�94519 - — . �Ot,XTnb M. —•• - O A �:7Lj7jA0t_T- '_ SE% I 1 V"ICLE INVOLVEMENT CODES: A.ARR£STEF S-SUSPECT R RE-COVERED 4.STORED P.PARXED V-VICTIM X.STOLEN I•IMPOUNDED Q•RELEASED TO OWNER Z•REPO$ j +4+�G I MooEt "'TY COU'jf{ - vw s' - Oj JJVL UCEN£F' (E/Exp l _ S �2DRR451 ICA/96 CHRYSLER IN YORKE DR (BLUE " AECIC'f t>'.t.O OWNER . _ ►DOAE.. -• -..•.. AD41TUCY L PiQki TION 1 W+ TVREL • —•--. ...... $ 0 .00 I WAS ADVISED BY CPD DISPATCH THAT MT DIABLO SECURITY WAS REPORTING A DOMESTIC DISTURBANCE IN THE EMERGENCY ROOM BETWEEN A HUSBAND 'AND WIFE. THE DISTURBANCE WAS IN REGARD TO THE FACT TF'..AT THE HUSBAND BELIEVES THAT THE WIFE WAS AWARE OF AND FACILITATED THE SEXUAL MOLEST OF THEIR 2 YEAR OLD DAUGHTER, JESSICA. I ARRIVED AT THE HOSPITAL AND SECURITY POINTED OUT THE MALE HALF OF THIS PROBLZM SITTING IN HIS CAR IN THE HOSPITAL PAR.KING LOT. WE WERE INITIALLY ADVISED A GUN- WAS MENTIONED BY THE MALE IN THE VERBAL DISTURBANCE, BUT LATER LEARNED THAT THE MENTION OF THE GUN WAS NOT PART OF THIS INCIDENT AT THE HOSPITAL. I CONTACTED THE MALE SUBJECT, WHO IDENTIFIED HIMSELF AS ANTHONY HORNBERGER, NEAR HIS CAR. HE WAS CARRYING HIS DAUGHTER, JESSICA. HE GAVE ME THE FOLLOWING INFORMATION: tj ANTHONY SAID THAT HIS WIFE ADMITTED TO HIM THAT SHE ALLOWED HER GIRLFRIEND, PAM BENNETT AND HER GIRLFRIEND'S SON, RAY BENNNETT TO MOLEST THEIR DAUGHTER JESSICA, HE BELIEVES THE MOLEST TOOK PLACE DURING THE PAST TWO WEEKS. ANTHONY SAID HE DOES NOT KNOW ALL THE DETAILS, BUT HE DOES KNOW IT OCCURRED AT HIS HOUSE IN MARTINEZ. HE SAID HE BECAME SUSPICIOUS WHEN HE NOTICED SOME REDNESS AROUND HIS DAUGHTER' S VAGINA- WHEN HE WAS CHANGING KER.-.HE TALKED TOHIS WIFE ABOUT ,I:?? A -. ND. THEY BECAME INVOLVED IN AN ARGUMENT THAT LASTED ALL NIGHT, HE FINP.LLY DECIDED TO BRING HIS DAUGHTER TO MT DIABLO HOSPITAL FOR A SEXUAL ASSAULT EXAMINATION. ANTHON's SAID THAT DR SHIKORA EXAMINED THE CHILD AND TOLD HIM THAT HE WAS NOT CERTAIN WHETHER THE CHILD HAD BEEN MOLESTED. ANTHONY SAID THAT DR SHIKORA WAS GOING TO WAIT FOR SOME LAB TESTS BEFORE MAKING A FIRM DETERMINATION. (DR SHIKORA WAS UNAVAILABLE:.FOR ME TO INTERVIEW). 'f ANTHONY SAID HE WAS VERY UPSET AT HIS WIFE AND THOUGHT ABOUT KILLING HER. HE ' DENIED THREATENING OR INTIMADATING HER IN ANY WAY. I THEN WENT INTO THE HOSPITAL AND CONTACTED BRIDGETT HORNBERGER. SHE GAVE ME THE FOLLOWING INFORMATION: BRIDGETT SAID THAT THE ENTIRE INCIDENT STARTED YESTERDAY WHEN ANTHONY MIS-UNDERSTOOD A COMMENT MADE BY HER GIRLFRIEND, PAM BENNETT REGARDING BRIDGETT HAVING A FUN TIME WITH PAM AND RAY. (RAY IS PAM' S 19 YEAR OLD SON) ANTHONY IMMEDIATELY ACCUSED BRIDGETT OF HAVING A SEXUAL ENCOUNTER WITH BOTH PAM AND RAY. SHE SAID THEY ARGUED ABOUT THIS ALL DAY YESTERDAY. THEN ANTHONY SAW A REDNESS AROUND JESSICA'S VAGINA WHEN HE WAS CHANGING HER AND THEN ACCUSED PAM AND RAY OF MOLESTING JESSICA AND ACCUSED HER OF ALLOWING IT TO HAPPEN. BRIDGETT SAID THAT ANTHONY WAS HIGH ON "CRANK" AND WAS GETTING MORE AND MORE CONVINCED THAT THE MOLEST ACTUALLY OCCURRED. HE THEN BROUGHT OUT ONE OF HIS HUNTING RIFLES 'AND CARRIED IT AROUND THE HOUSE THREATENING TO KILL HER WITH IT. SHE SAID THAT HE LOCKED HER IN A ROOM AT ONE POINT AND REFUSED TO ALLOW HER TO LEAVE FOR SEVERAL HOURS. HE FINALLY LET HER OUT THIS MORNING WHEN SHE SUGGESTED HE CALL CHILD PROTECTIVE SERVICES ABOUT HIS ACCUSATIONS. HE DID SO AND THEY'RECOMMENDED SHE TAKE JESSICA TO A HOSPITAL FOR AN EXAMINATION. BRIDGETT SAID SHE IS VERY MUCH AFRAID OF ANTHONY AND DOES NOT WANT TO GO HOME WITH HIM. SHE ELECTED TO CALL A FRIEND TO COME AND PICK HER UP THE HOSPITAL. I R`->�citi:l u++0 OCF�7 i I.Dt pnrE..No Tst+E wlLl lug atm EA vtNC ranr DRt~e ANu ns+E RfPit ir' f ROSS #:01654/19/95 7:30:54 PM M� 119/95-.7:31:53 111111►►►��`��` -"iY'si>atic.:ltXi•�•�t"as�:X..�.,%.-�n-f41'*?a�..E�a+''N.#�...k..f'`�C'i�bay.�C+.""M*�""�' •fx' `��- c' .. a�,. t x._ �- L rti. � ,f, ..: at i:I Xq� r4:�ar ,y;k, Ut'htNbt Ktt'UKI 3 SUGGESTED SHE GO TO THE LOCAL POLICE BEFORE GOING- HOME FOR-_A -CIVIL STANDBY. SHE SAID SHE WOULD DO SO. I CONTINUALLY ENCOURAGED BRIDGETT TO MAKE AN OFFICIAL POLICE REPORT REGARDING ANTHONY' S ACTIONS ON THE PREVIOUS EVENING. SHE SAID SHE WOULD AND I GAVE HER A DOMESTIC VIOLENCE PAMPHLET AND ENCOURAGED HER TO CONTACT "BATTERED WOMEN' S ALTERNATIVES" AND OTHER RESOURCES IN THE PAMPHLET. BRIDGETT DENIED ANY INVOLVEMENT IN ANY OF THE ALLEGATIONS MADE BY ANTHONY REGARDING THE SEXUAL MOLEST OF JESSICA. I RE-CONTACTED ANTHONY AND ASKED HIM ABOUT THE ACCUSATIONS MADE SY BRIDGETT. HE DENIED ALL OF IT AND SAID THAT BRIDGETT IS SIMPLY TRYING TO PUSH THE BLAME FROM THIS MOLEST OF JESSICA AWAY FROM HER BY BRINGING UP THESE LIES ABOUT HIM. HE PROMISED NOT TO HURT BRIDGETT AND WOULD NOT STOP HER FROM LEAVING OR TAKING THINGS SHE NEEDS TO LEAVE. HE PROMISED NOT TO HARM BRIDGETT IN ANY WAY. HE SPECIFICALLY DENIED THREATENING BRIDGETT WITH A-GUN BUT DID SAY HE HAD THE GUN OUT IN CASE PARI, RAY OR THEIR FRIENDS SHOWED UP TO THREATEN HIM. ANTHONY THEN TOOK JESSICA HOME. I CONTACTED CCCSO RADIO AND SPOKE WITH OPERATOR "MIKE" . I ADVISED MIKE OF THIS SITUATION IN THEIR JURISDICTION AND OF THE GUNS IN THE RESIDENCE AS AN OFFICER SAFETY ISSUE. MIKE SAID HE WOULD PASS THIS INFORMATION TO THAT AREA WATCH COMMANDER. CASE CLOSED. . .FORWARD COPY TO CCCSO CHILD ABUSE UNIT. i �i 0191 .. 'Vi<I r+a OFFICER 11U--.v• •••ec. PFJ.T�_ - o1l v :irM Tr➢ ROSS #0165 5 7:30 : /19,95 Tu�EREv71`:+t31:55 1:55 P•� MBssT n/ �/ .:.3....t +z.-.�._.r,,x_..:'�'�_�+cas;s�-as��..ryr`Y�3�as",.a�.,'`a`s�r�-b..cra�L>�..:�+�:i3�.3y,£+ei*.�"'i✓i��.L�'u""'..r4�+�°f';�`'9--�` ` 'a'�T�'°-�''��?hx,'';2:�+'�'!�"'3~�'�'srese�'�-.� �Ts•'r �rnet rage ❑Continuation (?, $OX 3�1, M3f#)f18Z, ( sillOfr,ld Supplemental - .-. 1,OR No. 2.City Code 3.Grime/Cta5silication 4. Detail 1 245A S.More 95-10679 Gen Assault With A Deadly WeaQon 2. Persil, . 6.Day/pate/Time of Occurrence 7.Date /Time Reported 8. Employee No: �- Wed, 4-19-95 4-� 9-95 - 37639 9 Rec a 10.Address 1 Location of Occurrence hcaho 222. Anderson Way, Martinez 7 ,1. ❑PRI ❑Vic ❑WIT []MSP 0 RUN ❑sus ❑LEAD ❑Other 12.Name(L.F.M) 13.Race t Sex!Age 14,006 15.Driver License No. 16.Address (Zip Code) 17.Home Phone ( ) 18.Employed By or School 19.Work Phone ( } 20.Hair 21.Eyes 22.Ht 23,wt. 24-AKA!Maiden Name 25.Social Security No. 26.Funner Description(Scars,Tanoos,Mannerisms,Clothing,Etc.) 27.Booking or Cite No. 28. [j PRI ❑Vic CD WIT [D MSP 0 RUN F�SUS ❑LEAD 17 Other 29.Name(L.F.M) 30,Race!Sex !Age 31,DOB 32,Driver License No. 33.Address (Zip Code) 34. Home Pnone ( } 35,Employed By or Scnooi 36.Work Phone ( ) 37.Hair 38.Eyes 39.HI. 40,Wt, 4,.AKA!Maiden Name 42.Social Security No. 43,Further Description(Scars.Tattoos,Mannerisms,Clothing,Etc.) 44.Booking or Cite No. 45. PRI J Vic CD WIT ❑MSP []RUN ❑SUS LEAD [7 other 46.Name(L,F,M) 47.Race/Sex l Age a8.DOB d9.Driver License No. y! 50.Address (Zip Code) 151,Home Phone II { ) 52.Employed By or School 53,Work Phone 54.Hair 55.Eyes f 56.HLi 57.Wl. 58,-AKA'i Maiden Name' Social Securiry No,.,; 60.Further Description(Scars,Tattoos,Mannerisms.Clothing.Etc.) 61,Booking or Cite No. 62.Veh/Ves 63.Lic.No.(State) 64.Year 65.Make !66.Model 67,Body Sryle (63.Color Top CD bs;l S 0 Vict 1# Ii Bottom 69.Status 70.Registered Owner 71.R.O.Address [�Left C)Impound 72.Towed to or Released to 73,Who has keys? (�Stored 74.Evid. C3 yes 75.F 7P F]Yes 76.Dispo of Evidence 77.5 Missing 7$,5 Damaged Q No (-')No 79,Brief Synopsis of Incident {1} In J s s i i pplemental rel2ort concerns the video tape and search of the crime scene. It also (2) concerns the canvass of the neighborhood surrounding the scene. (a) L_..J (7) a 84.Distribution 81.Additional Routing ❑B ❑C C]DA ODE ❑L 00 ❑SR CIV O investigation []Vice ❑Narcotics C)Juv ❑Coroner 82.Reporting Deputy(Print) 83.Date!Time Written 84. . []PropertyCk. ACS []!need, OR.O. ❑SHC M. Fisher 4-24-95 1530 Q Patroi Captain O CompL Olc. M Marine Patrol 85.Approving Supv.(Print) 86.Supv,No. 81,Date 88. n Other FORMA (Rev,1/89) 0192 ....;.5':.xL._s�a<e-q:;'�o4,K :1'-s�x:i.. :u+.l^.,r `.?'_. -^ � ;._ .. .: -. _ �s.• ,,..-,.- .. .. -.._ atvt 6,.r wr- ❑C onanuadon CONTE .--COSTA COUNTY tHER1FF"S DEPARTME :A0070000 t ❑suac+emtnul '.O. Box 391, Martirie.Z, Ca.iifornia 94553-c` 9 ❑ Ro O H A., I.DR No. 2.Crty Coda Gnm*1Ciaaail"1.on 1. 4 S.Recta s.. 95-10679 Cen Assaul7' ] 2 Koaeon V,ct N.L..a(L. F.M) 7.Data Ong,Pwporl 6, Employ«No. v.Aodroas/Lpcat ion of Occurrence 10,Suspect's Name(L.F.M) t1.Prop"Deecnpeon: "pounded,114covwod.Found,Lost Sto4,-ham Numb*(,Article.Ouari ty,&and/Mak*1M&nulacturer't Model Number,Social Number,Mia.cel4naous Ckscr,otion.Locator Whom Taken,Woe.Include Total Loss-UST IN FOLLOWING ORDER:A)Currency,"ec;a)Jowelr};C)Clothing,Furs;D)Vehitdes;E)Othea E.cuipment,F)Rad,o,TVs.ett.. G)Flmarma;M H6uaohoid Goods;i}Misc. tdv 12.Roarod Ptow?y S On 4-20-95 at approximately 0107 hrs., I received a telephone call at my residence from Sgt. Knutson. He told me, their had been a SWAT Officer involved shooting in Martinez and he wanted me to assist in the investigation.: I arrived at the Sheriff's Department Field Operation Building in Martinez at _ approximately 0140 hrs. and met with Sgt. Knutson, Sgt. Celestre, Sgt. Weckel and Sgt. Ingersoll. Sgt. Celestre, the lead investigator on this case, said, he wanted me to drive to 222 Anderson Way, Martinez to video tape the scene. Celestre told me, the resident at the house (Brigitte Hornberger), had already given her written consent to search the property. i I drove to Anderson Way arriving at approximately 0305 hrs.. Upon my arrival, I noticed that the front yard and driveway of the property at 222 Anderson Way had been isolated from the street with,yellow barrier tape. i saw that Sheriff's Department Criminalist Jerry Cauthen and Paul"Holes were already at the. residence and processing the scene. I video taped the street, yard, driveway and porch in front of the residence. I also video taped the interior of the home including all of the rooms within. i later placed the video tape of the scene into evidence. After video taping the scene I asked Criminalist Cauthen if he had finished collecting evidence. He said, yes. I then searched all the cabinets, nightstands and dressers throughout the house. Inside the top drawer of the nightstand on the left side of the bed in the master bedroom, I found.a wooden box (approximately 12"X8"X2"). Inside the box, I saw one glass smoking pipe with black residue on it, a chrome colored smoking pipe and a piece of folded white paper (approximately 3"X4"). I unfolded the paper and saw that it = contained a brown colored plant material that appeared to be marijuana. U.O,stribution 1 .Adoioonai -169 ❑B [❑C [)DA (3DE ❑L ❑O ❑SR C3V Q Invawsgaton n Y,ca O Narcotdcs C)1uv ❑Coroner C3 Prop"Ck. ❑ACS C3 Intea. M R.O. ❑SHC td.R000rnnq Deputy(Print) 17.Dau /Time VAicon p Para CaPrain p Cosnol.etc. ❑Marine Ntral M. Fisher 4-24-94 1530 C ❑Otrwr* 19.Appravinq Supv.(Prsnt) 20.Supt.No. 21.Ota 22. F FORM 8 (Roy.1/69) 0193 ❑Car+t,rtua9on CONTR --`:?STA COUNTY SKERIFF-b ur-r^-;•,•—. ---- ❑&t/oia+:+»�ul '•Q. Box 391, Martinez, California 94553-C— i �HRO 1 t.DR No. 2.city Caw S.Cratoo/C"ait.cat+on A.Do Lail 1 5 Recta- 95-10679 C A r o - Z 1.--a80, a,vcEm Na. .,(L F.6A) T.Di¢azs OrF_EmplOyoo No. C Address/ LOcdtion of Occurrence 1o.Su&pocfs Noma(I.-F.M) 11.Plop"Doocr'90— bnpour4ed,RacoNwod•Found,Lost,Stolen-Rem Numb-or,Ar KJ*.Ouantty.Srand/Mak*/Manu(acturer's Mo"Number,Soria!N ` r,M*C*l4noous Dostliption.Locabc Wiwa Tak rt.value,lncluda Total Loss-LIST IN FOLLOWING ORDER A)Currency.Notes;8)Jo yreiry C)Clothing,Furs;D)Vehic ioc E)OMce Equiwnomt:F)ftao.c.Tvs.w1c. 0)Fkearma:K Mb A* oid Goods;q Misc. 12.Rocoyered PtoP"i Criminalist Cauthen took the box as evidence from the room. I did not find any other contraband or evidence in the house. After searching the residence, I walked out the front door and over to a blue 1967 Chevy truck license -f Q18481 that was parked in the driveway next to the house. This truck is registered to Anthony Hornberger. i found the Passenger side door of the truck Y unlocked. I entered the truck and searched the cab where I found a wallet with a driver's license in Anthony's name. I did not find any bullets guns or other contraband in the cab. I was unable to search the storage boxes on the bed of the truck due to them being locked. I saw a gray 1987 Chrysler New Yorker (license rr2DRR451) parked on the street directly in front of the house. this car is registered to Brigitte Hornberger. I found the driver's side door of the car unlocked. I entered andsearched the car;but did notJind any bullets, guns or contraband. After searching the two vehicles, I was joined by Detective Daly. Daly and I then did a canvass of the houses on Anderson Way. The following is the result of that canvas. Address: 115 Anderson Way, Martinez Resident : Boldy, Matthew Mark (D.O.B. 4-24-67) . Phone: Horne 372-0820 1 Work (800) 852-8990 Time of contact: 4-20-95, 0620 hrs. I met with Boldy at his front door. He lives directly across the street from 222 Anderson. Boldy told me, at approximately 8:00 or 8:30 PM on 4-19-95, he heard his dog barking. He said, he looked out his front window to see what his dog was barking at. He stated he saw a marked Sheriff's Department car parked on the street in front of his house. a • 14.Demlbution 1S.A 0mona lr q pn ❑C ODA ❑DE OL pa OSA ❑v ❑ s alien [v"+ca [Nrc*tics ' C3 ivy ❑ccrorw ❑PnV"Gk ❑ACS ❑MtaIL ❑RO. [}V4C 16.Aipor"Dtputy(ftnu 17.Oa*/Tirtw Written ❑ps"dein p Comet.aIc_ ❑mani Patrol M. Fisher 4-24-94 1530 C �+« 14.Approwtin Sups,(Pnnu 20.sups.No. 2t,t?ex 22. FORMS (Re.1/89) :` 0194 . DC.ontu,uaLon . _.. ._..__r�._�TR""'+C?5`f1�COUhITY 5'ricRirr --o ►�c.r...,. .. _. —I---. __ '.O. Box 391, Martinez, Ca(ilomia 94553-C.- HRO ❑Amer SuDD►�ntal "tton t.Ds W1,� 5 FitC4 1.DR No. Eff�7 hcusc 95"10679 , e z F.I.t} - A.aor"&/ 1zlcation of Occurrence ,,.Prog"O*&cnq n: hsOorndad,Recovered.Found,Lost SWWA•Ram Numbof,Arida,Ouanttty,brand/l lake/Mtanuis eirr C)a g.FuryNumber, )V*hlcw EGA pmant�F)R&dto.Noise C Wnee Taker,.Valu*.lnduda Toul Loss-UST IN FOLLOYANG OIRDER Aj Currency.Noiac$} }+"'µr1 ^4 Ci)Fkrarma:K 14&0*+00 GOOds:A i iisc. ,2.PAGq•verod hopom 1 Boldy said, about 20 minutes later, he walked out his front door and saw a uniformed Deputy walking down the street in front of his house and he asked the Deputy what was going on. He said, the Deputy told him, a man across the street was locked in his house and refusing to come out. He stated, the Deputy told him that he might have to evacuate. He said, a few minutes later, the Deputy returned and told hire to evacuate. - Boldy said, he got into his car and drove away from his neighborhood to his girlfriends house where he spent the rest of the night. Boldy told me, he did not see or, hear the man across the street during this incident. Boldy said, he has seen a man at the house across the street from him but he does not know him personally. Boldy did say that the man across the street is a "night person" whom he hears pounding and hammering late at night in his back yard. Address: 117 Anderson Way, Martinez Time Of Contact: 4-20-951 0626 hrs. No answer at the front door. Address: 123 Anderson Way, Martinez Time Of Contact: 4-20-95 10627 hrs. No answer at the front door. Address: 125 Anderson Way, Martinez Time Of Contact: 4-20-95 10628 No answer at the front door. Y ,�.DCtCt;KJUpn , .A, d nal tnp . a$ DG ° ` ° ❑L °° °SF` °Y .. o son oY� nNar.o6c� °� O ❑p*DOa+'�y C:k ]]Ac-,S meal. Cl FLO. °5NG ,6.P-09 rnv O.o�y(P*nntl ,7.Oat,Time'{wile, ,b. pac.a�n pc«na o+� p►�.r~n.P.eal M. Fisher 4-24-94 1530 Supr.tPn^tt n.5„Q,-NO. Zl.Dew . FORM 5 (PAM 1/84) 0195 D C t�rrrrtrltxrport CO NTF f_�OSTA COUNTY S,H E A I F t-'`••r` W r-t'A m 1 r"" P.O. Bax 391,Martinez, California 95553 Sup4le^+nuf ( ❑HRO ,.DR No. _ 2 tatty Goo+ �.Gvr»rC+.ss+l�cat.cw+'- - <.Detail,. .L5 5 Rev- 95-10679 Aszatil t TA7j Hh A v Jannnn 2. S.V.CLm N&..4(L F,►1) 7.Oats Ong.Report i. Employ«No.- 2.Awroas/ Location of 10.Susooci't Nam.(L.F,M) ,,.Property D+eutK»on: hnpovrk cd,Neovywod.Frond.Lott Sv>Wn-Rem Number,Artkda,Ouanthy,brand/Ataka/µanviscturar's Model Number,Serial Ntx aro.Mia4ollanuous Drscrrptton.Lout What.Takw,Yetve,tnduoa Total Loss-LrST IN FOLLOYANG ORDER:A)Ctxrency,Notaa:S).*wNry,C)Clothing.Furs:D(Whicioc E)Otf+ca Eovlprt»nt:F)Rao,o,TVs.n: 0)Fira.arma;hj tibvsefx�d Goods:Q Mmc. ,2.Raccvsr74 rrvp"S Address: 131 Anderson Way, Martinez Resident: John Howard (D.O.B. 2-12-66) Phone: 228-6444 Time of Contact: 4-20-95 1 0630 _ Howard said, at approximately 1240 hrs on 4-20-95, he heard what sounded like a gun shot. He told me, he looked out the side window of his house and saw a Deputy running toward front and side of the house across the street from him (222 Anderson). Howard told me, he did not see or hear anything or anyone else. Address: 128 Anderson Way, Martinez Resident: Augerinos, Dan.(D.O.B. 9-9-s5) Phone:- 228-0566 Time Of Contact: 4-20-0-5 / 06 35 Dan told me, on 4-19-95 between 9:00 and 9:30 PM he walked out his front door to `get into his car. Dan said, a Deputy who was in front of his house, told him there was a S.W.A.T. situation and to go back into his home. Dan stated, he then walked back into his house and did not hear or see anything else unusual. Address: 200 Anderson Way, Martinez Resident: Lewis, Kelly (D.O.B. 3-28-59) Phone: 370-9518 Time Of Contact: 4-20-95 / 0639 _ J . Lewis told me, he was in his house at approximately 9:00 PM on 4-20-95 when a uniformed Deputy came to the door and told him to evacuate. Lewis said, he had not seen or heard anything unusual up to that point. He told me, he got into his car and drove to the parking lot of a industrial complex on Arthur Rd. (unknown address). -r 14.0-csaibv5on IS.AWmor*l FVoaiig pe CDC Da ODE OL po pSR ❑V ❑y,+n mogason ❑Vice ❑Na•cvdcs O Jur O coroner O Property Ck. 0 ACs 0 WWl. 0 R.O. 0 SKC ,IL FIAP"nq Deputy(PInnU 17.Dew/Tkrw aria- t E p P" Capstn M Co pt•otc. ❑Mann*Parol M: Fisher 4-24-94 1.530 p ovw ,9.Apgrovwj Supe.(Pnnti 20.Sutx-No. 21,Dere 2= FC4W a Mov.1/e9) 0196 ❑corrw zon CONTR VSTA CQUNT'r SHtKIrr 7— ?.0. ,_?.C). Bax 391,Martinez. California 84553-jL.-. J [j HRo ❑A Ter 1.DR No. _ 2.Cry Cow J.CnrrwiGtas.art.cat.on - <;D.u<t 1 45 S.Recta&: 95-10679 - A r )a 2. Lm N.. .a(L F.MI) 7_Deta ong.Aeo<xi !.Emgroyw No. _ ❑ ..Addnes i Lor-ation of -occurrence 14.Susoect's Name(L,F.M) 11.Property Desv"Om - h^n,poundcd,Recnverad.Found,Lost Sto4w%_Rem Nvmber,ArUcJs,Ouanthy,Bc"iMak#/VAnufactUrvf's Model Number,Serial Ncxnbar,Mtim*taneov%Description.Locator When Ts+ksn,Wu c klcJude Taut Loss-LIST IN FOLL010ANG ORDER A)Cv Toncy,Notac;B)JewertrY C)Cloning.Fvr%:D)Yeniciets;E)Othce Equipment:F)Rao,o.TVs, G)Fire&rmc M hibu**oid Goods;Q Misr. 12.Recover-d ftvp"i Lewis said, while he was sitting in his car in the parking lot, he.heard what sounded like a gunshot around 12:30 A.M.. Address: 226 Anderson Way, Martinez (This address is next door to 222 Anderson) Resident: Melendez, Javier (D.O.B. 5-29=54) & Cordova, Dolores (D.O.B. 3-23-45) - Phone: 228-1926 Time Of Contact: 4-20-951 0649 Melendez told me, at approximately 9:00 P.M. on 4-19-95, a uniformed Sheriff's Deputy came to his front door and told him to evacuate because the man next door had a shotgun. Melendez said, he refused to leave because he didn't want to leave his dogs alone at his house. Melendez. stated,.after the Deputy left his front door, he and Cordova watched television in their living room. He said,'they both looked out the front window of their house several times during the next three hours and saw uniformed Deputies running around the front of his house. He said, they did not look to see what their next door y neighbor was doing. Melendez told me, approximately 3 hours after the Deputy had come to their door, he and Cordova went to bed. He said, while they were in bed, they heard what sounded like a gun shot. Cordova told me, after they heard the shot:they looked back out their side window and saw a man laying on the front porch of the house next door with approximately 20 Deputies standing around him. She told M-6, she could not see whether the man was laying face up or face down. Melenderez told me, approximately 4 hours before he hearing the shot, he heard a Deputy in front of the neighbors house trying to talk the man out of his house. 1<,ocstributiort 1 .AoCtsOna tcnq 00 ❑C DDA, ODE OL [ O 0" OV C kwwaig,a son CV-V-0 C Narcotlts C Juv M C- C]Property Ck. p ACS C►nwt. ❑FLO. [1 SHC 1a.As00ran7 Deputy(Print) 17.D" Tome writen O P*bJ C-WWn p c4ax)+.Ofc. ❑M.kr=ne PatroI M. Fisher 4-24-94 1530 ❑OVW 19,Approving Supe.(PTint) Z9.Sup No. 21.omit 22. FORM B (Rev.1 rag) 97 j�tont+nuation CONTR`~`DSTA COUNI T b;hthirr _;P:O. Box 391, Martinez. C.aliiomia 94553G- CO MBO M A er. 0 5uoo omemtai 2.� C 1.CnrMrcr:sZA"t+on <.peu i.1 4 5 RewL. I.�No. - �. SCA Ito, 95-10679 7,Oats Ona.-F1, P- 1. Etnolo�yve No. d.Ytcam A1�..s(L. F.M) l0.Sutpecfs Na—(L.F.M) yryor..s ],pG3tion of OccLrrrence 11.Proq+rty L>a+txW► Nurnbar,fdisaailanaotts Description.Locsuo: F(ar-D4wt«d,Found,Lott Strr4an•110 Numba(.Mich.Ouanttry.Brand/Make lWnufscturK's i.�odrl Numbvr.5rri+� were Tahan.Wiva,hduoe TDul Lots-UST IN FOLLOWNG ORD£R:A)Cu oncy.Nous 8),_oiry.C)OothiN.Furs;D)VwN60 ;E)OM a Equipment:F)Rsoio.TVs.etc.. G)Firearnx:M)tipu►etwtd Goads:$M sc. 12.RecDrs *d ttfapKty S Melendez said, he could not remember what the man was saying. Cordova told me, they didn't really know the man who lived next door to them but he often kept them awake late at night making pounding noises working on his house. Address: 198 Anderson Way, Martinez Time Of Contact: 4-20-95 10655 Y No one answered the door Address: 196 Anderson Way, Martinez Time Of Contact: 4-20-95 J 0656 No one answered the door After interviewing Cordova and Melenderez, I returned to the Sheriff' s Department Field Operation Building where I worked on other unrelated cases. Later in the day, Sgt. Celestre asked Sgt. Ingersoll, Inspector Leary and me to return to Anderson Way and hopefully make contact with someone at the residents I had previously been ;LLQ unable meet. See Sgt. Ingersoll's supplemental report concerning the contacts he made. I met 'With the residents at 232 Anderson. Address: 232 Anderson Way, Martinez Resident: Smith, Kathleen Marie (D.O.B. 1-28-61) , Smith, Jay (D.O.B. 7-19-60) Phone: 370-2354 Time Of Contact: 4-20-95 / 1225 Kathleen told me, at approximately 8:00 PM on 4-19-95 a Sheriff's Department car drove by her house and shined it's spot light at the front window of her home. She said, she walked outside to see what was going on and saw the Patrol car driving Oise b I-, 14. 1 .A6ortwruil triy . ❑a QC Qp,, Q QL [:10psR C Q beton ❑VSce Q N.w=bcs Q.hry Q caro+'++r 17.Dom Tim.Vorieert Q Ftrop. ck p.cs []irxs+i. Q FLO. [:1 PAPO,- 4 Detxrty(Pent)M. Fisher4-24-94 1530L3Pssrl C,Wtin MCOR+ .Oic. QA"nM PaLD ?J.Sue.No. 21.pax 22. Q ovw 14.ApQrD m Q Sufi.(Prrnl) FOf%M a (A".ua9) 0198 �rr ❑C twuicraor+ C ONTA M-1�51iC C:UUNt i artcn.c — - 1 :O. Box 391. Martinez. California 94553;{�. _ ❑HRO ❑Arrest �ppternentai } _ 1.Crvn./Ceasxt+catan a.peu,t 1 4 s Ra•ctas E9�5 2.Grcy Cobs 2 - ficasor • 0679 c c G 7.CSete Onp.Aegorta. Emgtoy +No. (L F,idt) _ 10.Svspact,s Name(L.F.M) I.cSereee Location of Dcc�rrrence 1i.Progeny D++ CIAb.cdtenwus t}rsvrpt�o�.L.ocat,c k��.Racwweid.Found.Loss,S104n•Korn Number,Article,O"nVt'y,BrendlAtekellAsnutaciurei's IIII Number,S,arw Nunber• Wrwre Taken.Value,inI Tout Coss•LIST 1N FOLLOWING OROEk-A)Currency,Noses;8) ie+eiry,C)00thing.Fvrc D)wniciac E)Office Equipment;F)Rad,o.TVs.nc.. G)€ireerms:K k6v**#Q Goons:Q Misc. 12.P.errarereKi F"Toq'M'=Y S down her street. Kathleen told me, she also saw a white older model compact car parked on the street in front of the driveway of her home. She said, she walked up to the car. and saw Brigitte Hornberger sitting in the passenger seat of the car. She stated, she also saw a white female in her 40s with short brown hair whom she didn't know sitting in the driver's seat. 1 Kathleen stated, she walked over to Brigitte and Brigitte told her, she was having problems with Tony (Anthony Hornberger). She said, Brigitte also told her,Tony believed that her boyfriend had molested her daughter Jessica. Kathleen said, she had just met Tony last Sunday but she has known Brigitte since High School. Kathleen said, while she was standing by the car, a uniformed Deputy Sheriff walked up to Brigitte. She said, Brigitte told the Deputy that Tony had a shotgun and handgun in his truck. She said, Brigitte also told the Deputy that she did not want to go to her own home because Tony had threatened her with the shotgun at the house the night before. Kathleen said, Brigitte told the Deputy that she just wanted to get her things from the house and leave. Kathleen stated, the next thing she remembered was 2 or 3 more uniformed Deputies arriving in their marked Sheriff's Patrol cars. Kathleen said, Brigitte and her friend from the car walked into her (Kathleen's) house. Kathleen said, while they were in the house, Brigitte's friend offered to help her in anyway she could before she (the friend) walked out of the house and drove away in, her car. 14.(ksvibution 1 .Agoroone rtip p- pa pC nDA [DOE QL Qo DSR QY [D inyee lIIpaton Q YK» Q N.rcotics Q,luv Q Gaw+er W.oar/Tirr+e Wriaen 1!. Q prop"Cts C],%.:--S [3 IntsiL Q R.O. Q&HC 16.F qty(Print) pb cerin M. Fisher 4-24-94 1530 Q [�CorT;}L Ofc ❑hatrine petrol 20.suPF�• 21.Dow T Q Ostw t9.AI S rpv.(Print) FORM 5 (Pier.1/59) 0199 CONTR"- 'OSTA COON I I . ricrirr a O. Box 391,Martinez,California 94553-C _ NRO ❑Arrest $upptsmantai - ._ -2 �Cope .1.GrtrrN7Ctaart+CaWn ♦.Dettl 4 S. tICAIC - 2. Acro 95-10629 , a Q.VIcCm NL. a{L F.LA) , T.bats Ono.AOVOn e.Eme+oroo No. C Aodreaa/ Location of Occurrence 5uao.c� 11.Properry Oescnpsory ft *m F�aczr.�rad Found.Lost Stolen. *m Numb+t.Articla.Ouantky.Brand/1.taks/Lk&nufaeiutet'z Mc,"Number.Serra!Number,Misoettaneous Descnouon.Locau, Wrwe Takrt Valva,InGuoe Total Loss-UST IN FOLLO•+ANG OFtOEk-A)Currency."w 5)JawsAry.C)Clothing,Fun:DI Veniths:E)Omra Equipment;F)taadro.7Vt.cc Q}Firsarmt;tS}H6u&ohold Goods:@ Misc. :, 12.FiacoYerad Fropetry Y Kathleen stated, while they were in her house, several Deputies wearing black uniforms came to the house and had Brigitte draw some diagrams of her own home. Kathleen told me, sometime after that (unsure of exact time), she overheard someone on her Police scanner say, the suspect was at the door with a shotgun. Kathleen told me, she can not see the front of Brigitte's house from her home and she did not go outside her residence during this incident after Brigitte came inside. i I asked Kathleen if she had heard any shots being fired. She said, yes, she had heard one shot coming from the area down the street at Brigitte's house, She said, after hearing the shot, she heard someone on the scanner saying the shot had been a nonlethal round. She told.me, she also heard someone on the scanner asking for a code.3 ambulance.. Kathleen stated, she also remembered hearing what sounded like confusion about who f lad fired the shot. She could -not reriiember,what speciflcall:y, was,; said however. Kathleen said, after they heard the shot, Brigitte started crying. ..1 M1 While I was at the house, I also spoke with Kathleen's husband Jay Smith. Jay told ' me, on 4-19-95 he drove up to his home at approximately 8:00 PM and noticed several Sheriff's Department Cars parked in front of Brigitte's house, Jay said, he walked into . his home and saw Brigitte was there. He told me, he concentrated on taking care of his kids and his dogs and keeping them in the house away from what ever was going on down the street. Jay said, he remembered hearing someone on their Police scanner saying they didn't want to raise their head up because the suspect had a shotgun. Jay told me, he took his children into his bedroom and he and his kids went to sleep. 14.Osvibvuon 1 .ADduonar urip Qa QC Q°'t` []DE QL ❑O QSR QV dot' QY,a QNsrcatfcs [].hry Qcoror»r Q PryCk. A.CS FLO. Q SFiC 1dFwpordnq awti{Prino 17.Dew Tkrr vNrsn - Fisher 4-24-94 1530 o•QPssocapAin QComofc 20.suvc N 1b 21.Dark C3 otrw 19.Aporev+nq Suv.(Print) FORM B (Rom.1/39) 0200 CCor+tctwcoon CONTRf_—OSTA COUNTY Shttilrr- Q v", ❑s+lvs>+an»n�+l .0. Box 391,Martinez, California 94553-C.- IjRo CD n .tri 1.Uk No. 2. Cry Goo+ 3.C Vn*/Cra-aihcat�on _ �.peud 1. - 95-10679 kz_snul t TA7j - 2_ S.VrCam NA..4(L F.►d) 7.tae»Ong.AaFott a.Emptoyoe No. - C Abdraaa f Lr�cation of 0ccuz rence 10.Su%o*c-t'a Nam.(I..F.M) ,1.Prop"0060*66= brtpoundeJd.Racow&L Found.Lost Stolen,item Number,Mich,Ouanttty.BrandAtakalManutacturar'a mod*Number.Sarial NLrrnbw,Misoartanaoua OrsertpLon.LocaLc Wnw a Tskwa .Valua.Indvos Total Lo"•LIST IN FOLLOWING ORDEFL A)Currency,Nocec;8)Jeweiry;C)Oothinq,Fun:D)L'ehlckm-E)C'Mca Equipment;F)Radio,TVs.cu 0)Firaamu K F�d Goods:Q Mist. k 12.PAC.overad Prop"S He told me, he did not hear a shot or know anything else about what happened at Brigitte's house. Address 330 Gilder St., Martinez Resident: McDonald, Virginia Maria Phone: 228-8200 Time Of Contact: 4-20-95 1340 On 4-20-95 Sgt. Celestre asked me to call a John McDonald at 228-8290. He said, McDonald apparently was a family friend of Anthony Hornberger and-might have some information regarding this case. On 4-20-95 i telephoned .the number and spoke with Virginia McDonald (John R McDonald's wife). She told me, John was currently at work but she would have him call me back`as soon as he got home. I asked her if she knew anything about this incident. Virginia told me, on 4-19-95 around 10:00 PM, she was at her home when Anthony Hornberger called her. She said, Anthony asked to speak with her husband in a very casual voice so she gave the phone to John. She said; John could tell me about the phone conversation he had with Anthony. Virginia told me, she and her husband have known Anthony for over 15 years. She stated they had met Anthony during Karate lessons and had become friends. She said, they did not socialize together much because they were strict Mormons and Anthony was a "partier and, drinker". ^' She said, Anthony was a handy man who lived on their property for about 2 years. She said, he had converted a barn on their property into a studio apartment which he lived in. g 14.Datnb bon 1L.AW4-Wna!A0V6nQ ❑!! Cc CDA ❑D£ ❑L ❑o C&R ❑V C kn...liga%0n C Vioa C NarCotca 0-1- C Coroner C Pr»pnrq ChL r ACS C(r*WL C R.O. [)S4C I&Aeportnq y(pnnU 17.D.,./T4na Mr+is.n 1a. C Paw captain ❑c ,,O.otr C Marine ft", M. Fisher 4-24-94 .1 530 Q Other t9.Appn:,,AN Supe.(Pr-Q 20.Supe.No. 21.Darr 22.' FORMS (Floe-1/aq) 0201 ❑ CONTRI TSTA COUNY SritKirr s •,• - 1 .0. Box 391,Martinez,California 94553-,P-.11. A [}HRO j3 tTer SuDDis*"'^taI 2- �y v' Gc�s 1.ernelctss.v"t-on t.Data.! Lt 5.Rec ar. 1,DR 2... 95-10679 c c 1- a lc r.DSV@ C>nQ..P*spCK1 6.Ytcsm NL. a(L F.M) )D.Su�cK'=h4arne(L,F.M) ,.Address� �pcation of Occurrence 11.p opecty De&c p6OCW IAk"Iansous Dsscrration.Lac=k trnpoundsd,F1 co waC is Found,Lost Ston-turn Numbtr,Ank1s,Duan BrandlA4kslManu{actor Goat N Fu D Whl E�Offce Eaufpmunt;F'}Rama.Tv=.etc. WrWe Talon,Yfltrs,b-4ud4 Tout Lass.LIST>N FOLLOWNG ORDER A)Curr+ncy.Notw 8) }e++ 7. ) n9• G)Firssrtha:K H&as6old Good=:B Misc. ,2.Rec:4Nsr*d mvp+rty f Virginia stated, Anthony had told her in the past, he had been divorced several times and was always fighting with his wive8. She also said, he had told her, he had a "lot of hatred for his mom" but he never told her why. John McDonald had not called me before my days off started on 4-21-95 at 5:00 PM. On 4-24.95 1 spoke with Sgt. Gelestre. He told me, he had spoken with John in person and I no longer needed to contact him. J - t 3 IA.Dtstribut5on I&Addntanal uriq oa Do 0D ❑De pL ❑D ❑sR ❑v ❑fhoo+r� C ❑ACS ❑httstf. ❑FLo. ❑SNC ,d Aeporpwv t�parrY(Pnnt} 17. !-2 Tk++s YrtAtsn ,�„�,,, ,�, M. Fisher 44-94 1530 F`strd Cslrtain ❑Car*+rx O1C ❑ 2p, r.No. 2- Dow 22. ❑oew 19.App ovin4 supe.f1'*w+U FORMS t .,�a4, 0202 CONTRA COSTA COUNTY D OFFICE OF SHERIFF-CORONER CORONER' S REPORT CLASSIFICATION: Homicide CASE # : CR- 9.5-0529 DECEDENT: Hornberger Anthony Louis LAST FIRST MIDDLE DATE REPORTED 04/20/95 TIME REPORTED : 0140 HOURS DATE OF DEATH: 04/20/95 TIME OF DEATH: 0110 HOURS REPORT BY INVESTIGATING DEPUTY CORONER: Steve Young AKA: OTHER I .D . : CDL# A0219236 DOB: 08 /05/52 AGE : 42 YEARS (UNDER ONE YEAR : -MOS . DAYS) SEX : M RACE : W EST. HGT: 71 EST. WGT: 165 HAIR: Blnd EYES: Hzl S/S # : 550-88-9793 USUAL ADDRESS : 222 Anderson Way PHONE # : 510-370-2446 a ' CITY/STATE : Martinez Ca 94553 CITY LIMITS.: YES NO-X IDENTIFIED BY: DATE; TIME:<. _ ..HRS _;, ADDRESS, CITY/STATE, PHONE#: OTHER INVESTIGATING AGENCY: Contra Costa Sheriff AGENCY FILE # : 95-10679 ASSIGNED OFFICER: Ortiz .i NEXT OF KIN 1 . Bricritte Horn erger Wife NAME OF LEGAL NEXT OF KIN RELATIONSHIP TO DECEASED ADDRESS, CITY/STATE : sante as D RESIDENCE PHONE .# : BUSINESS PHONE # : 2 AUTHORIZED ALTERNATE NEXT OF KIN RELATIONSHIP TO DECEASEL ADDRESS, . CITY/STATE : RESIDENCE. PHONE # : BUSINESS PHONE # : LEGAL NOK NOTIFIED BY: Unk AGENCY: Unk NOTIFIED DATE: 04/20/95 TIME: Unk HOURS HOW: Unk 0203 r, i DECEDENT: Hornberger, Anthonv CASE # : CR-95-0529 PLACE OF DEATH "' LOCATION: Kaiser Hospital - E/R (i .e. , Residence/Hospital-ER or IP/Public or Private Roadway, etc . ) ADDRESS : 2000 Muir Road CITY LIMITS : Yes :i CITY/STATE: Martinez Ca 94553 CORONER' S SEAL: No PRONOUNCED AND/OR DETERMINED BY: Dr. Lozano REPORTED TO CORONER BY: E/R Staff PHONE # : PERSON WHO DISCOVERED DECEASED : PHONE # : ADDRESS, CITY/STATE: BODY REMOVED TO: Central Morcrue ORDERED BY: Den . Young MEDICAL HISTORY REGULAR. PHYSICIAN: n/a PHONE # : `! ADDRESS : CITY/STATE : DATE LAST SEEN: MEDICAL HX: INJURY INFOP-MATION DATE OF INJURY: 04/20/95 TIME OF INJURY: about 0032 HOURS j LOCATION OF INJURY: Residence (i . e . , Residence, Public/Private Roadway, etc . ) ADDRESS INJURY OCCURRED: 222 Anderson Waw Martinez Ca 94553 CITY LIMITS : No MAP LOCATI-ON: 10 E-3 AT WORK: No HOW INJURY OCCURRED : G. S .W. to Body IF APPLICABLE, TYPE GUN AND/OR WEAPON: 12 Ga Shotcrun VEHICLE MAKE, MODEL, YEAR, LIC. # : MV STATUS : REGISTERED TO: (i .e. Driver, Pass . , Ped. ) ADDRESS., CITY/STATE : _.- TOWED TO: ORDERED BY: 0204 -2- J J'„. DECEDENT: Hornberger,_Anthony - CASE # : CR 95-0529 `'. WITNESSES : (NAME, ADDRESS, TELEPHONE) 2 . 3 . 4 IDENTIFIABLE INFORMATION (i . e . scars, marks, tattoos) TT' s : Tiger - URA Skull & X-Bones "USMC Sure Death" - ULA Mouse sitting in a Glass - LLA INVESTIGATION REPORT DATE: 04/20/95 Hcrnberger was brought into the emergency room on 04/20/95 @ 0107hr. via ambulance from home where he had been shot by a member of the Contra. Costa Sheriff' s Office during a hostage situation. I went to the hospital and m . Frith:. S.gt E. Thomas_ and Dep.. McKeand of, the Sheriff' s Office ' and was advised of the following' initial ` information. Hornberger had possibly been using methamphetamine and had gotten into an argument with his wife over'a possibly child molestation of their daughter. The wife apparently left the residence and the child was left inside with the father. The Sheriff' s Office is called and at some point Hornberger arms himself with a shotgun and possibly holds the daughter as a hostage . At some point the daughter is released and Hornberger displays the shotgun. A S .W.A.T. member shoots Hornberger with a shotgun loaded with a beanbag round. At the hospital I observed Hornberger on a hospital gurney strapped to a backboard.. There was a wound to the upper right chest area. There was a checkbook on his person along with other personal property. The checkbook name was for a Hornberger. Dep . McKeand took the property into evidence . I contacted Sheriff' s Records . Hornberger has prints on file. His booking record listed tattoos that were similar to the ones on the decedent . The physical description was also similar. D removed and tagged by me. Photo taken at the morgue . X-Ray to be taken at time of autopsy. Dep. S . Young f 4205 -3- OFFICE OF CORONER OF CONTRA COSTA COUN'T'Y WARREN E. RUPF,' SHERIFF-CORONER NAME: HORNBERGER, ANTHONY. LOUIS REPORT OF AUTOPSY CR 95-0529 POSTMORTEM AT: Central Morgue DATE : 04-20-95 TIME: 1445 Hrs . PLACE OF DEATH: Kaiser Hasp . MTZ DATE : 04-20-95 TIME : 0110 Hrs . AGE: 42 SEX: Male RACE : Caucasian INITIAL EXAMINATION Upon initial examination the deceased is supine on a resuscitative board. He is lying face up with approximately 2-1/2 inch wide white tape tying his forehead to the board, and then looped slightly downwardly over his left shoulder area. There is a resuscitative neck brace in place . There is a oral tracheal tube in place in the mouth which is approximated with tape ant upon removal shows some pinkish fluid. The anterior chest shows EKG leads . There is. a intravenous catheter in place in the left antecubital fossa. The deceased is wearing a "Digital Compass" watch on the left wrist . There is a sponge bandage over the right antecubital fossa which shows a possible medical needle puncture mark underneath. There is a intravenous type catheter in,.,theright ._forearm. The deceased is wearing a pair of long lev type pants which have been partially cut and removed. Underneath this he is,. wearing a pair of' blackish Bermuda type shorts which have also been partially cut and removed. There is -a black belt which is open, and which is tied to the resuscitative board. The deceased is wearing a single spaulding tennis shoe with a white sock on the left . There is also a right spaulding shoe and sock submitted with the deceased. EXTERNAL EXAMINATION The body is that of a well-developed, well-nourished white male appearing approximately the stated age . Rigor mortis is well developed in the upper and lower extremities as well as the neck. There is rather prominent lividity noted posteriorly with some blanching over the pressure areas . The head is basically normocephalic except for an injury posteriorly which will be described below. The hair is brownish-gray and shows marked bi-frontal and parietal balding. There are two areas of peri-mortem . or postmortem abrasion in the forehead, each measuring about 1 . 0 cm in size with no grossly recognizable underlying hemorrhage . The eyes have fixed equal pupils, hazel irides and clear sclerae . The external ears and nose appear unremarkable. The upper lip shows a well kept growth of brownish mustache. The teeth are natural and in a good state of repair. No foreign material is noted within the mouth anteriorly and no evidence of hemorrhage or trauma are seen. The chin shows a peri-mortem area of abrasion which measures about 1 . 0 cm in diameter with no recognizable underlying hemorrhage . The neck is symmetrical and the trachea is in the midline . There is no hypermobility or grating. The left side of the chest and abdomen appear unremarkable. The external genitalia are normal male descending testicles uncircumcised. The upper ant 0206 HORNBERGER, Anthony Louis 2 CR 95-0525 lower extremities show no hypermobility or grating. The dorsal right uppei arm and left dorsal upper arm and left dorsal lower arm each show a intricate tattoo. The hands show some areas of incrustation as well as some regula-, areas of healing abrasion and early scar formation. The left upper scapula-- back shows two areas of apparent postmortem well demarcated pinkish areas o- abrasion and dehydration measuring in total about 3 . 0 cm in' diameter, wit- no recognizable underlying hemorrhage . EVIDENCE OF RECENT INJURY 1) The right upper anterior chest shows a shotgun wound of entry whit:. measures 2 . 5 cm longitudinally and . 8 cm transversely . There is an are of abrasion noted about this which measures about. . 4 cm in diamete relatively uniformly and the adjacent skin surface appears otherwis unremarkable . There is extrusion of right, lung externally from th wound. This wound is located 9 . 5 cm to the right of the anteric midline and 146 . 5 cm above the level of the heels . 2) The mid posterior occipital scalp shows a peri-mortem area of blun laceration which extrudes minimal hemorrhagic fluid and extend. this down wardl-v for a distance of about .3 cm. On the surface somewhat stellate shaped and measures about 1 . 5 by i : 4 cm in size w-3*L%-L..,, some eversion of the edges extrusion of slight amount of foreign dir type material, abrasion and blunt tearing of the edges, and irregula area of abrasion about it measuring up to . 5 cm in width. BODY CAVITIES The chest and abdomen are opened by a Y-shaped incision. There is a entrant wound communication with the right anterior chest wound into the right cher cavity and there is disruption of the anterior chest wall and the third fourth and the upper portion of the fifth ribs , measuring about 5 . 0 cm i: diameter. There is noted about 1000 cc of hemorrhagic fluid in the righ chest cavity, consisting of clotted and unclotted hemorrhagic fluid, an about 1000 cc similar fluid in the .left chest cavities . . The diaphragm leave,, appear remarkable- The inner rib cage lining. appears unremarkable except a: noted- The posterior mediastinum shows a hemorrhagic track extending fro the right mid to lower to the left lower thoracic column anteriorly, wit' some fragmentation and anterior disruption of the vertebral bodies but nc complete transection. Upon dissection and examination of the mediastinum, 9 there is noted to be extensive recent soft tissue hemorrhage in the lowe, Jor mediastinum with communication of the hemorrhagic track notes C above, through the lower thoracic aorta, with a area of almost complet: disruption over a region which measure about 2 . 0 cm in -diameter. Th: pericardial sac shows disruption in the posterior lower right side in an are: measuring about 5 . 0 cm in diameter, with extrusion of hemorrhagic fluid. Th abdominal cavity shows no evidence of hemorrhage or trauma. From within th 0207 l HORNBERGER, Anthony Louis 3 CR 95-0529 left chest cavity is recovered a plastic shotgun casing and some minute blackish-gray debris . SYSTEMS REVIEW CARDIOVASCULAR SYSTEM: The heart weighs about 350 grams . The right basal side of the heart shows F. massive hemorrhage and disruption in an area measuring about 5 . 0 cm it diameter and involving most of the. right atrium and portions of the r.ighL. ventricle and adjacent major veins . The epicardial surface otherwise appear_. unremarkable . ' The coronary arteries follow a normal anatomic course --anc show minimal atherosclerosis and widely patent lumens . The myocardium o: the left ventricle measures about 2 . 5 cm in thickness and is firm, brown, anf homogenous . The valves , atria, ventricular and endocardial surfaces and the right ventricle appear unremarkable except for some hemorrhage and disruptio, in the right side of the heart as noted above. The superior and inferio_ vena cavae show the previously mentioned hemorrhage around them, an, additionally there is hemorrhage around .the point of passage of the missil through the mediastinum, as described above . The aorta shows previousl mentioned traumatic changes but otherwise is widely patent with minima.. atherosclerosis . RESPIRATORY SYSTEM: Both lungs are somewhat collapsed by associated hemorrhage . The right media: 'j upper and lower lobes show massive hemorrhage and disruption over an are measuring about 7 . 0 cm in diameter, with extrusion of hemorrhagic fluid, pleural subpleural hemorrhage and massive disruption. The left medial lower lobe shows hemorrhage and disruption as well , with similar pleural an: parenchyma changes . The lungs otherwise extrude pinkish, frothy fluid fro- within and the blood vessels show no evidence of embolization of occlusion The parenchyma shows no areas of infarction except for the traumatic change, noted. The trachea and bronchi shows some hemorrhagic fluid in associatio: with the previously mentioned traumatic changes . HEPATOBILIARY SYSTEM: The liver is of normal size and shape . The anterior edge is sharp. Cu sections reveal a normal internal architecture, coloration, and consistenc. 14 throughout. The extrahepatic bile ducts and gallbladder are unremarkable The gallbladder contains 50 cc of greenish-brown fluid with no recognizabl stones . RETICULOENDOTHELIAL SYSTEM: .:_ The spleen is somewhat enlarged and weighs approximately 350 grams . Th capsule is intact . Cut sections reveal a normal internal architecture coloration, and consistency. The periaortic lymph nodes are unremarkable . 0208 HORNBERGER, Anthony Louis 4 CR 95-0529 ENDOCRINE SYSTEM: The pancreas shows a normal , tannish-yellow, lobular architecture throughout . the adrenals have a normal cortex and medulla, bilaterally, URINARY SYSTEM: Both kidneys are of normal size and shape . The capsules strip with ease revealing smooth outer surfaces . The cortex and medulla appear normal . The pelves are normal , and the ureters course normally and patently to the bladder which contains 400 cc of clear urine . GASTROINTESTINAL TRACT: y The stomach is thin-walled and contains 500 cc of digesting food matter whic' is grayish-tan and well masticated. The mucosal surface and wall ar: ' unremarkable . The small and large intestines appear grossly unremarkabl;. with the normal amount of fecal material within. The esophagus is intact bu.: i shows hemorrhage around its lower portions as noted above . i; CENTRAL, NERVOUS SYSTEM: The scalp is reflected, and there is no evidence of subcutaneous hemorrnag= :HORNBERGER, Anthony Louis 5 CR 95-0529 The missile coursed downwardly at a angle of about 301 , right to left at a angle of about 600 and front to back at an angle of about 45° (these figures are only approximate). AUTOPSY FINDINGS 1) Shotgun wound to right anterior chest with: a . Disruption of both chest cavities, lungs, posterior mediastinum and heart . b . Intrathoracic hemorrhage related to above . SPECIMENS TO TOXICOLOGY: Blood, bile, urine . CAUSE OF DEATH: Shotgun wound of the chest . PRESENT: Glenn Wald, Pathologist' 8 ' Assistant`, Cherie `�;artri, C. C . Co .. : Sheriff' s� 'Cr�.m, Lab; Jim Hatchell, C . C. Co . Sheriff' s Patrol ; J. Kartou, C. C.Co . Sheriff' s Ir.vQstigation; John Wasson and Robert Caskey, C.C. Co, Distr/ft Attorney' s Office; Scott Daly, C. C.Co. Sheriff' s Administration. >; LEDfsms Louis E . Da herty M.D . Date: Forensic Pa hologi t 1 `.•.a 0210 dM]NALISTICS LABORATORY DIVE. �- Sheriff-Coroner Department Contra Costa County BLOOD A'LCO'HOL REPORT Laboratory No. : 95-03224-A Submitting Agency: CORONER-SHERIFF Case No. : 95-0529 Offense : CORONER'S SAMPLE Requested by:DAUGHERTY Incident Date : Incident Time : Test Subject ANTHONY HORNBERGER TEST RESULTS Negative Blood Alcohol Remarks : .-BLOOD SAMPLE COLLECTION Location Collected ' COUNTY MORGUE - Location Date : 4/20/95 Collection Time : 0000 Collected or Witnessed by : DAUGHERTY EVIDENCE TO LABORATORY Delivered Date : 4/21/95 Case Type : DEATH Delivered:.dy:: YOUNG - Container No. Conditions : SEALED Method of Receipt : DELIVERED 1' ANALYSIS Type : Coroner Remarks : BLOOD APR 2 7 1995 COUNTY CORONER MARTINEZ, CALIF, Date Acquired : 426/95 Analyst: Barosso, M. I certify,under penalty of perjury,under the taws of the State of Califomia,that the above bioodludne analysis was performed during the regular course of my duties, and is a true and torted copy thereof. I further certify that I am qualified to perform these analyses pursuant to Title 17 of the Califomia Code of Regulations,and that the equipment used in arriving at the results was in proper working order at the time i performed this analysis. Analyst Signatureii ,����'��d�-� . Title: Forensic Toxicologist g t Executed in Ma;tinez, Contra Costa County, California Date: ff /a -' 0211 CRIMiNALISTICS LABORATORY DIVISION Sheriff.Coroner's d4partment Conl(a Costa County - �. REPORT OF LASOnATORY EXAMINATION - 1}ao a:Mry`u^;tr Cifense(s) Oatefs)Exams- 9 5-03224-B Death /1-10/95 E neou�slinc ACe-C/a Case N::moer Date of Reauest Examination Aequesteo By Coroner-Sheriff 95-0529 4/21/95 Dr. Daugherty Compla,nanllsl Suspet:110 Harnsberger, Anthony - - - DESCRIPTION OF EVIDENCE: The evidence was brought to the laboratory by Deputy Dyer on 4/21/95 . The evidence included: 1-Tube Blood 1-Tube Urine 1-Tube Bile - SUMMARY/EXAMINATION- The UMMARY/EXA.MINATION- The following substance was identified in the blood sample; Methamphetamine at 1 . 78�tg/ml (FATAL DOSE: >2 . 0jug/mi) c ; n 7 I' i mAY 1 8 #995 COUNTY CORONER MARTINEZ,CALIF. WSC/cr 05/10/95 Sign vire t Distribution: MAY 1 Z 1995 r neo By d 7r!:a 1 - Coroner' s Warren S . Cohen, 1 - File ADoroveo By S,,parvi::ng Criminal,;; For Aooitional Information Call: 313-2800 r. 0212�.. _ v t_ Qi V.Box U1.MX Yom. "1110m4s 4 Dow, l.Lr►wa. 2 G+trC�w ,3.,1 ,�G�r�+rcaaar+ ici10� 95-10679 r.&Q HORNBERGER, Brigitte 4 I9 5 t ion of bccuzrerx.e xs •w+w+a F.wa 22 Anderson Way Martinez HORNBERGER Anthony G �t ►wv4 +�'+ ' , , rr't Wcoo4+kwftr.saris.'M. nbr.1tL.wkoR y:,w+,arG.#4+ca^ru'+d FyvnQ.L.or�ts,,+rr+.�.K,nntrr.MxJ4.Ouan��rWx 1,4:i"fie'*�Gl Cwe'K^4 Frn.Qi v+►'+.ei+�.[1�4 io"+�+r+^t►i R�e.o TVA rsc_ vr��r T,r►�,Wdt.M+ctvsr Tou'Lor •LeCT ht FQLLO�+G tM-'�E N 1S Frc,o�'1C FTy+IM4� Late on the afternoon of 4/20/95 , I received a, phone call from Tim Murphy, S Hornberger's brother-in-law. Mr. Murphy told me that Hornberger's family in the Clearlake area had learned of the shooting. Mr. Murphy was calling. the Sheriff' s Office trying to get any additional information that he could get. I told Mr. Murphy that I had been trying to contact either him or his wife, Mona, earlier that day, but had been unsuccessful. I told Mr. ,Murphy that I wanted very much to speak with both him and Mona and that I understood that Mona had been in telephone contact with S Hornberger the day prior to the shooting. Mr. Murphy told me that Mona had spoken several times on the phone with her brother the day prior to' the shooting. Mr. Murphy said that as he understood it, Hornberger had initially called because Jessica had possibly been molested. Murphy said that his wife had spoken with her brother several times in reference to this possibly molestation. I told Mr. Murphy'.that I wasn't in a position at that time to discuss all the details of the case with him over the phone and requested that he and his wife come to the Sheriff' s Office in Martinez for the purpose of an in-depth =i interview. Murphy spoke with his wife, and she agreed to come to Martinez on 4/21/95. We subsequently set up an ...appointment for 10 a.m. , on the 21st. My phone conversation with Tim Murphy was concluded at that time. None of the phone conversation was tape recorded. On 4/21/95 , at approximately 9.48 a.m. , Mona and Tim Murphy came to the Field Operations 'Building in Martinez. I explained to the Murphys that I would initially Tike to interview them separately. I would then speak to them together and see if I could answer any of the: questions they had concerning the shooting. of S Hornberger. Mona Murphy then accompanied me to an interview room, where she was interviewed by me and Sergeant Ray Ingersoll. The entire interview was recorded on videotape. - U orR4lir In Dl D� D� Dtt DL D0 $A DY D w oi.n D Y'ir4 �j 1d.roif� Q'''" ❑c>!.F* ' sir{*'*r dj u pc �r. `_ 7 CC n.'.W.4 ex. 0#= no" prLo. DOW- sergeantJohn Celestre P"0 ow wft [�c.•4� circ D wr.i.F�rnN to sro• rs.°' zt a s �.•.in•f 0213 � { °^"`. J3ox 3G1.Flistt,Ml,C.ii{10fnii Qt353-OD3 UKP u"r. u -]'e' cw _ s..G-w*+r e � • aM, , t +►eusa.+. 95-10679 Cn -A x236 •`••'" SOL F.W T.ta.Oe+p I,riwn t 1Mo. D HORNBERGER, Brigitte 4/19/95 Lr tion of occurrence x t,.o.�.w+�i a F.Wa � r22 Anderson Wav Martinez HORNBERGER, Anthony �•,pqrra't.G.Rro�r�l FR�d,Las;�•tw*K,antni'.AttX'1i.o,ranfp !'sr+G l4aki'L4++.titiu�'`�LLOCYi+�t +ntur.t+r'+i.'li.a'r*i'.LIsOr'Ltyaut D+sva?,+o+t.Lstiypn WA.P%*4r Fou'lar•UV IN f G4LOMr►Mti O+Vf K ry cti.*.C%i 060awne Fom' Di vi U061L tt 00-00 ts,r+P+++rPiL Fy 04" Q;FK W "ft"Oiodt q iiac I told Mona Murphy that I wanted to talk to her concerning the telephone contact or contacts that she had had with her brother on 4/19/95. .. I told her I also had questions about her brother' s background and/or his. relationship with _ Brigitte that I would like to discuss with her. I told Mona that I had received information that her brother had called her. sometime in the morning hours of 4/19/95. Mona said that at approximately 10 a.m. , Tim had contacted her at her place of employment and told her that there was a message on the answering machine at their residence from Tony. Mona said that Tim played the message to her over the phone so that she could hear it. She said that Tony ' s voice had sounded strange,' she referred to it as sounding very flat. She said there was some difficulty in understanding the message and that Tim .had had to play it three times before she was able to get the 'Igist of the. information. :.Dona sai.d...:_ .. ..,.,_ . that Tony had left a pager number and requested that sh'e contact him via pager as soon as she got the message. Mona said that she called the pager number and within approximately five minutes, Tony called her back. Mona said that Tony told her that Jessica had been molested, and he asked her what she thought he should- do at that point. Mona said that she immediately started asking questions as to why 'he thought Jessica had been molested. She said she asked if there was any physical injuries or if Jessica was suffering from nightmares or other symptoms of child molestation. Mona said that Tony told her that Jessica had bruising and "rub marks" in her vaginal area. Mona said that at this point, she told Tony that he should take Jessica to the doctor and that the incident had to be reported immediately. Mona said that it was at this point that Tony told her that Brigitte had been involved in Jessica 's molestation. Mona said that Tony told her additionally that Brigitte was gay s and that Brigitte had admitted to him that she had been K t►wr.ao++ D• Dc Dw DC* *A Dv D ~ D vwr D OW D� D Qwww D"++++rel cs D D K M e+e+t 0"kft P-IQ j?.or. a.WSW up OF—wommo, Sergeant John Celestre G( D OWW it mow"show P"N xo b„o" „, ti.Ohre i2 tioir,l,s VWL% M) 0214 Box 391,Mzr4 r4z;Ca(iioms � _ 2 GeY Cir• 3..G^..JClmaarnos+ae++ ( i pryata t.. l Atc�u' a"' ° 95-10679 Cen I A. : •`••'" x vsa� ..IL F.W t.C*"Own + HORNBERGER, Brigitte - 4/19 95 tion of laccu:-rence '� • 2 erson Way Ma-tinez �ERGIIt Anthony 1l t*a0 �i � A*4twnC.(.orttso+o, • sr"Msja'wwtscoxr"t L4000 N.Iftw, • +•a�w QC cs iM►.r4r*•** R•e.o TvS.M.^ Mk^aYt Toka%WA.hahj Toy'Lao•LJV R.FOLLO"V4 OK..,EK Aj C�r@r4).►kxm.•i Jm.Mry:Cl OWWwMp fun D',w u F..c.a•r•t Rs�+++¢i involved in or 'had allowed the molestation of Jessica to take place. Mona said she again told Tony that he needed to immediately take Jessica to the doctor and to report the entire incident. Mona said at this point, Tony_ told her that Brigitte wouldn 't let him take Jessica to the doctor, and T she again told him that it was absolutely necessary for Brigitte to go to the doctor and be examined and that the police be notified. Mona said that Tony then made statements that if he attempted to take Jessica that Brigitte would call the police and report him. Mona told me that Tony made statements to the effect that Brigitte and her father would prevent`him . gfrom- tang,n Lessi_ca anywhere or, anything .. T Y�^' g with Jessica. Mona said that Tony made references 0' Brigitte ' s father having money and social or political influence and that Brigitte' s father would use his position and power to influence the authorities, courts, etc. , against Tony. Mona said at this point, she told Tony again that he needed to take Jessica to a doctor so that she could be examined. Mona said that she told Tony that if he was stopped by the police, he should just explain the situation to them and explain to them where he was going and why and if. necessary, the police could just follow him to the hospital . Mona said at this time, Tony said he would go ahead and take Jessica to be seen by a doctor. Mona said approximately twenty to thirty minutes after the first -telephone conversation with her brother, sle called him back again to talk to him and find out what was going on. Mona added it might have been close to 11 a.m. when she spoke to him. Mona said when she "spoke to Tony the second time, she told him he should bring the two girls up to the Clearlake area and once up there, they could try and sort things out and figure out what was going on. She-said at Da Dt 130 Dix DL DO MIA DY D -wavlo Dv%w D1I cae a CA" OCWWW u M.ftNWtn•Dwift!r'*rw 1T.os/To"+�+ar, POW oP sw r OL -D'"s D"""" DRc. no"C Sergeant John Celestre. CO 0�cw» D Como CW- ww"P" g •,, ri.am* 0215 (.pextrscaesvx P.O. Boi 391.milrurm.L,�.•a•, • .__ _ t a Dow V4.6mu- i Ctr Craw l,l. . .�C Irrr►.Rr'w+ t x 95-10679 Cen A : 236 � war»+•. �i. r.w - r.Ds Lr�M +e«.•�t ��+.�. __ D HORNBERGER, Brigitte 4 19 5 - � � �atLion of rkcurrence ,o 2 nderson Way, MartinezORNBERGER Anthonv xt hno►'►t Or+w�wt fr,�oo *doe.R�+rs4 Fsd++e.Los ltc�+r+•�+'*W�*+b+'.lWc3�.O srss►� lrsnCIw:t fwM+[xv sr'r Moos+KJ+nOr.Lrsa' '.�ta.-srtanaax Drstrpt,on,LiGt40� ve�w•T&wa WA,t0ift Tota'Lcm•LIV IN Fow ooe.P4 DK>EPL Jy G%rwi c$.utmw 1i.4-s+ry:C7 Owr+�r+9 �r+s.Di v at�t�ca �'''�'�ni F?bho lV�.fu_ G rrsa*rs K►tda.s'w►e Goao1 II iMc t2 Iti,r.o�rtsC Rt�lta"'q 1 a this time, Tony made statements that he would never make it out of Contra Costa County alive and if something were to happen to him, the circumstances of his death would probably be different than what they appeared to be. Mona said Tony went on to say that Brigitte had a number of friends that were involved in the drug business, and it was these friends of Brigitte ' s that posed a physical threat to him and might _ kill him, if Brigitte requested them to. Mona told me that in either her first or second phone conversation with her brother, she had heard 'Brigitte in the background. Mona said she couldn't hear exactly what Brigitte was saying. She could just hear Brigitte talking and while L she couldn't really make out the words, Brigitte's voice had sounded very calm and somewhat "flat" . Mona then - ;stated that there was some confusion in her awn mind as to exactly what was sa:id in the individual phone conversations,, -; with her brother. She said that due to the nature of the allegations that 'Tony was making, she (Mona) was very upset, and she couldn't remember whether it was the first phone conversation or the second phone conversation where Tony had made statements about Brigitte having friends in the drug business and Tony being in danger, etc. Mona said that while she couldn 't remember exactly which phone conversation these statements were made in, she definitely remembered the statements being made. Mona said that after the -second phone conversation was concluded, she had not heard from her brother again until approximately 6 : 30 p.m. , on 4/19/95. She said that Tony called her up, and he was extremely upset and almost crying. She said Tony told her that they had gotten back from the hospital and that the examination at the hospital had revealed that Jessica had been molested and that everything that Tony was afraid had taken place had taken place. Mona said that at this point, she asked Tony where the children all. were. She said that Tony told her that Brigitte's son, >< osr.usa+ Ds Dc DDA DOf DL Do OV CWOPW n Ft p tr. Q D waatt Q R 0. Q i++C +a Asm W Dwor!►w+g 17.Dues r:..»r+►sr � �1►...OWW" 00000iow— Q•�r�+«+,.� Sergeant John Celestre � i.�• � tx.Dstt tz M'1rs„ei sherTx,p � 00ftAa V%WA»M) 0216 ,:"`.�. Box 3Q1,i�+tsttit'�Z;Ga!lfornca yr+3�•+r...•. i C Y C+rt i..cr**MJCas+++aasss�+ a Osu, �. s +►ruau °�`•�° 95--10679 Cen A 7.CIS HORNBERGER, Brigitte 4 19 5 oc�a tion of Uccur•rence p ' 22 Tnderson WaX. Martinez HORNBERGER Anthony 11 Prop"DVOOVWV R,G,�,,rs�G,Rrsa�neC Rwnd.Laa.lsar�+•��+r+K.r*+C+',AtarcJt.Quanllry lranC��t�W nrtic4+rs'6 il,o00 1ivmDr.fr+a 4.r+-dr.sJa,•*tN,O"O-vswpn.LK#Yon tttiPt Ta&►ar W.4,!Ck]1st Tau'Lou•LST K F0LLC�eWo 00 PL/y r"r�er Vaca t,de+.Mry� Cto+y^G Fr*t.D;w`" G 0044 ""W^t nR+trt Tvt,tu_ u ti.c WW-OC P. Justin, was staying with his maternal grandparents. He told Mona that Jessica was with him and that Jolene was with Brigitte. Mona said that she asked Tony some questions about Brigitte and her possible involvement with drugs. She said that Tony told her that Brigitte was "wiring" . Mona told me that she had no idea what Tony meant by wiring, at least in regards to drug use. I asked Mona if she was sure that Tony had used the term "wiring" and had not said that Brigitte was "wired" , telling Mona that the term "wire" is sometimes used in regards to methamphetamine. Mona said that she was sure that. Tony had used the term wiring. She said that she then asked Tony if he was also taking drugs, and she said that _ ." Tony admitted to her that he had been taking drugs and that he was -taking" drugs to enable hire to.,get._ through working on the house. a I spoke with Mona. about any past substance abuse on the part of Tony and/or Brigitte. Mona said that she had noted on prior occasions that both Tony and Brigitte looked thin and looked as if they had lost weight. She used the term dissipated. Mona said that Brigitte-had admitted on a prior occasion that she and Tony were •both using drugs. She hadn't said what type of drugs that they had been using. Mona said that this was when Brigitte was pregnant with Jolene, and Brigitte had told Mona that she had quit using drugs when she discovered that she was pregnant. f I asked Mona if Tony had made any statements to her during the course of any of the telephone conversations~on 4/19/95 as to who he felt or suspected had been involved in Jessica' s molestation. Mona said that Tony told her that "Pam' s" nineteen-year-old son. was the individual that had molested Jessica and that Pam was a friend of Brigitte ' s. u Arrswa^ n• nG nom► n� DL a0 Dow- x how-W+�OWN07 P-%' { D wwmPw I Sergeant John Celestre Dt1•at. orw w y�.r.y w►.r*re+cr. !4 s..►. wo xt ems �.�r�h 0217 row ,•••• . q%n. Box W.mtrtir*14 CA1110 rus w»-•••-_ 4 DOW,y G4) � �4ruaf► ,�,,.�Yrr/C 95-10679 Cen a -- "'°"""` '� HORNBERGER, Brigitte 4119/95 � 2 -c��,tation of bccurrrence t0 ' » Berson Way, Martinez �ERGER Anthon G �+•.ouu+tM� �rs++c!wu'i„ct.,.�trco,�r't utoa�+K�ntipe-.Lr'�i k+�'�'.►�sa++k.w,a t7.+voua,.lacito� FM-d.tsK tz"em.bs-wR+b.r. ion.Di vwda Q 06" �+a^+nt X114 s4.Tv1.w_ w.x.r�Tw.Ga., .WtH rau.u+wa oR�R A;CW-Of'4,.1�vt.r. *� C�0 ++^9 Mona said that Tony then made some statements to her about how he realized Mona had never cared for Brigitte and how Mona must have "seen through Brigitte" from the start. Mona said that these statements struck her as being very illogical, and having 'no basis in fact. Mona said that she always had liked Brigitte and had cared about Brigitte, and she didn't have any idea where Tony had gotten the ' impression that she didn't like Brigitte. I asked Mona what else Tony might have said at that time. She said that Tony made some statements about having to raise his daughter by himself now. Mona said that Tony then y told her that he was going to have to go because he had some phone calls that he had to make. Mona said at one point, Jessica picked up the other phone and said to her, "Hi, Mo my " apparently ,thinking, that- Tony was talking with Brigitte. Mona said that Jessica did not sound :li e she was, upset; she sounded like she was cheerful and happy. Mona said that after her brother had concluded the phone conversation, they didn't hear anything else until approximately 11: 30 a.m. ', oh 4/20/95. She said at that time, they were contacted by one of Tony' s -wiveswho told them that Tony- had been shot and killed by the police. I asked Mona what she could tell me about Tony and his background, also .his relationship with Brigitte and/or. any . of his other ex--wives or girlfriends. Mona characterized Tony and Brigitte ' s relatiofiship as being "stormy and rocky" . Mona said that Tony did have a prior history of alcohol abuse. She said that Tony had fluctuating moods and that he had a "wild streak" in him. Mona said that there was a past history of spousal abuse. She said that Tony had told her about incidents where he had struck Brigitte. I asked Mona if Brigitte had ever told her about any incidents fi=r of spousal abuse or if she had ever seen any injuries on Brigitte. Mona told me that Brigitte had never discussed U OW*~ DIA Dc Da DOE DL D° D8, 13Y D t-vow*& Q DAMD�+^"""' ir.om.,Twr+r.r�^ a Of,- Op'"P CL D^x 00", COLD- Dow- Sergeant John Celestre CC DPW co.•+ft D c.•w o� D�..r•»r.r.+ t s.�•r*•w r� s." r,.a.* V II� VOftA s *...1rs�► 421$ D ca++�us+'� _-•-- Q^_!'3ox 3�1,MsrbnsZ L.:nu�c�rus ,.,,.... .�_- .... t aR wo. i Ger t rro 1,G�..rCaaar++or + ! �� trcats� 95-10679 Cen A `T.CXV � n �.+� HORNBERGER, Brigitte 4 -19 95 . 7DccLxrence x .�► , aaa "�2 T.�a tion of derson Way, Martinez H� �GERAnthony it ►rOPW1,1 Q++aPa�'ti �a„�iV(at��L,U-Ibco ,F t ►t�ntiDr.Le"ia M.r +*'•i✓sa ouw Owuxroan.lJr.�ypn FOV W.Lzrt t44A.60en Kw . Ow►xw7 rov 0i WI-C' P CM�c� iw nt/�A404 TYa.M. !k`r�Taw.W.�1.P JU Tau'L0. •UV Ii FO"-Q' +O�- R Aj Cs*ar+cY.Kala►i;Ja++�7��""Q Mac t2 14rc.o+�tk►tM�b a with her Tony physically abusing Brigitte or the children, and she didn' t recall ever seeing any injuries on Brigitte. I asked Mona how frequently she was on contact with her _ brother. She told me that' she talked with Tony on the average of once a month. She stated that she did not have an exceptionally close relationship with her brother; Tony led a somewhat different lifestyle than she and her husband. I asked her what she meant by that, and she again made references to Tony having a history of alcohol abuse and having a somewhat volatile personality. Mona said that she knew that Tony used to get involved in bar fights on occasion and that he had done this even when he was younger ' and lived in 'the Clearlake area. I ::asked,,.Mona -what_ else--she.: could_tell me about Tony' s past relationships. Mona said- that when Tony was married' to... ..• Cheryl Cole that they had had a "horribly violent relationship" . Mona went on to say that in the relationship with Cole, both Cole and Tony had been at fault on different occasions and that they had both exhibited violent behavior towards each other. I asked Mona what else she could tell me that would be of -interest or of value in my investigation. Mona told me that her husband, Tim, had informed her of a prior conversation that Tim had had with Tony. As Mona related it, Tony had told Tim about a past incident where the police had arrested him. As she understood it, "Tony had had a gun with .him at the time and that he had considered pointing the gun at the police so that they would shoot him. She said that Tony had also told Tim that at one time or another, he had considered committing suicide. I asked Mona if she had any idea approximately how long ago this conversation between Tony and Tim had been. She said that she believed that it had been approximately a year ago. - x Owr�,�ro� D• DC L7� �� DL DQ Dsr� Dv D wrr„ Qri» t D w Dk• D o.""` tip.cam.,T...w►s«^ u ar., r„w„►fl► D,tot D rr..cr D R0. ❑b+C ,a.�..rr a er F"% CO t -_ Dom+^ D�o+� Sergeant John Celestre • .,,e», 0219 wn6F- -- - =�. Sox 341,l►tartisuz.Gtitortzia g4��,s-win, �... L.J.Y.�r. t.CYC�• - i Grl Gw� 1.C"�^+�� - - t—'�'�'� wc•�a� 95-10679 - Cen A ,1�wo. D r.cab ON ft+�"t _ HORNBERGER, Brigitte 4/191t95 r �c�a Lion of Uccvsreme '° # •w�+• R, Anthony �2 nderson Way, Martinez lIRNBERGER -.-- Al Propel) DsPV"rtiO�an1, �r•+ktW1 +tLU".#CtX4W,$JAOO NoM.W.SO-4:-4:M.X*trr•. � k'+MTrt Or•LsVtOR,W.lYo� pc„"o.c. *x hone.toK S�+r+•IM►"*•K•+��*'•MCI•. tt Crr.•nc�.l+o�w -tort. to t C)t or+" f++"► D�b+n.dw.Q oma 66.�a"AL r10404 Tv.nc_ •.� Toe.Vti A.PCJ�Tw'tow •�Iry Fpu CSC 0+�.'rE N a;rew,e,K 46-aahm aobos we I asked Mona exactly when the last time was she had seen Tony and/or Brigitte. She stated that the last time she had physically seen either one of them had been just before Christmas of 1994 . She added that at that time, when she = saw them, they both. looked thin and looked like they had aged, and this had caused her to believe that both of them y were using drugs at that time. Mona had no additional information to offer at that time, and .the interview with Mona Murphy was concluded.. At approximately 10: 42 a.m. , Tim Murphy was interviewed. L The interview took place. in the same room where Mona had j been interviewed and once again, the entire interview was recorded on videotape. I asked Tim about the conversation between him and Tony that Mona had made reference to. Tim told me that `the conversation had .taken place at the _. Murphy' s residence in the Clearlake area. Tim said that - Tony told him how, on a prior occasion, while Tony was Living in the Martinez area, the police had come to the residence to arrest him. Tony had told Tim that when he came to the door, he had a gun in his hand, and he considered pointing the gun at the police officers. Tim said that Tony told him that he had not had any intention to fire the gun at the officers, but he had considered pointing, the gun at them so that they would shoot and kill him. I asked Tim what other information he could ,,give .me concerning Tony' s personality, past relationships, etc. Tim said that Tony had a "wild side" to him. Tint said that even 1 when Tony was growing up in the Clearlake area, he liked to drink and carouse. Tim said that he had personal knowledge that Tony had been involved in bar fights over the years, and he was also aware that Tony had been involved in episodes of domestic violence with his wives and/or girlfriends. u O..au.w D' pc Da► MOE DL II° II'~ Ov 0"" =J wrs+riw n 1w Q c'r�.' tT.o..r Two wtirn ]=Cl u f D++•.•�r a. D� n�t D moo. D we ES;i�-nrgqp-ant o.w► �r-- 9:11 " CT M p++•"*�+� John Celestre In s� •�o � o.• O*w,,, w•.W") 0220 41 Box 391,Mlmr4z.t.autiorma v­­ Z4:) ; _ :) l w.uau t. ++� Z C�C4106 3.Cnr+lCa�r+,arc + _ fCi�aR 95-10679 Cen A - e No. �c vc"O" AF F•K HORNBERGER, Brigitte 4 29 95 j ,ation of bccurreme x f,.�r.ct• a F.wl Anderson HORNBERGER Anthony '� � 22 oerson Wa Martinez tit ►ro4+'n�'�'' N.,,rntw,uscs�.•.�o.x o.+cros+an.t.scswn �,y,�p,r yC.R rd FKJrid.LAR'.St1'*4r^•AVn 1i,r�,r'.MaU�.C Ry �rv+C 1 �+W nd't►ctvrM•i K`✓1.p v✓+•r+ia E)0",0, ",,O"mL F}1400.rV&.M. T&WA,W,x.hO.64 Toa'Laa•L rt FGu C p1t�fR Jy�,srant3,�+otia�i�+M C7� "^9 I asked Tim if he had personal knowledge of these incidents of domestic violence, if he had witnessed them or if Tony had made admissions to him about these°episodes . 'Tim advised me that he had no personal knowledge concerning the domestic violence, but that Mona had told him about using violence towards his wives and/or girlfriends . Tim Murphy had no other significant information to offer at that time, and the interview with Tim was concluded. I then spoke briefly with both Tim and Mona and answered what questions of theirs that I could as to what had taken place. I withheld a certain amount of information at the time and '• told them that there were facets of the case that I could not talk about. My entire conversation with Tim and Mona Murphy was recorded on videotape. : w On 4/26/95, I was advised-by 'Lie:utenant Tom Moore'. Sheriff ' s office Investigation Division that he had spoken to one of S Hornberger's ex-wives, Cheryl Cole. Cole is currently employed as a Sheriff's Aide by the Contra Costa County Sheriff' s Office and is assigned to the Main Detention Facility in Martinez. Cole told Moore that she had information concerning S Hornberger as to his general _ personality and prior history. -Cole also told Lieutenant Moore that she felt that Hornberger would not have wanted the police to take him into custody because he would have been booked at the M. D. F.. and since Hornberger had, knowledge that Cole was employed at the M.D.F. , he would have gone to any length to avoid being placed in the Facility. At approximately 1: 05 p.m. , on 4/26/95, I attempted to contact Cole via phone. Cole was not at home, and I left a message with her mother for Cole to call me. . At approximately 1.:40 p.m. , I received a phone call from Coe and subsequently ' scheduled an interview with her for 4/27/95, at 11:30 a.m. q On 4/26/95, at approximately 4 :45 p.m. , Sergeant Ray Ingersoll and I interviewed Reverend Kenneth Mindup. - u Oreswro� D• D� nog n� �� na Dw 13Y p r,.. +�.n D r+4» a"rarars Da" n°'""` .oma ' ,t.oR• l i...w.•� uco nr�.a o.r•Mn D c*-* o D wr.�.►rr.+ Sergeant John Cel es tre sr.r n.a.. zz D o.w w r*r+n Pows 0221 M t�pptertronao� - i: per F t 7t, 3 +4casss t.pa two. 2 C47 Caro *�resn t 6 95-10679 Cen A No. • rc> +r. •+ r•W H01MERGER, Brigitte 4 19 5 I,c��►►tion of D--cvrreme +� awr+yaf, A Anderson Way Martinez �ERGER Anthony I tt hva�h ap"""t ,fitE,'ua*�.,ssc 't�+�+ �.,i►E,xntr.vsaa+ti^+��+Pa►vaauen,uuron ,yy,G.V.0=1'roc Fv"4.L C.tao�a^•Oar+ Wmoe .lvsxdi.Cua1+f7 �rsr+e pirr,pCQw' �C}Oyu �+p"?'ant Fy+4a•a t1rt.eu. wA wa T&Lan%Wig,P.Vv0a'rVU-law.Ls� !c rGu.oe4lr+G pR"�ER IBJ C%.rV4).►M_s;as�r7•C1 Csc+e+�^9 Q.tnw*a K*W�00o tt 4 mat t2 F"a++r*C Map"f Reverend Mindrup is the pastor of the church that Brigitte and Tony Hornberger attended. Reverend Mindrup had also been present on Anderson Way on the night of the shooting. The interview was conducted in one of the interview- rooms at the Field. Operations Building, and the entire interview was recorded on videotape. Mindrup told us that he had known S Hornberger for approximately three to four years, and he had met S Hornberger through Hornberger' s attendance at the church. Mindrup stated that Hornberger has not come to the church on any type of a regular basis for the last several years. He said he attributed part of this to the fact that Hornberger was extremely self-conscious about his balding head and that Hornberger usually wore a hat to cover his receding hairline. Mindrup said that he had had contact with Hornberger approximately -six tb twelve L,times,- over the past. year. Mindrup said the last time he had had any contact with Hornberger was approximately one week before the shooting, when Hornberger had fixed a toilet at the church. Mindrup told us that he was' aware of ongoing domestic problems between Tony and Brigitte Hornberger. Mindrup said that the domestic problems resulted in the most part from ' the use of alcohol and drugs, although Mindrup did not have any details as to the specific substance abuse problems on the part of Tony and/or Brigitte. Mindrup said that Brigitte and Tony had separated in the past,. but that they. had gotten back together. Mindrup told us that Brigitte would sometimes talk about the problems associated with Tony' s drinking, but that Tony denied that his drinking was any sort of a problem and that the difficulties that he and Brigitte had in their marriage, plus the difficulties that Tony had with his business, were the fault of other individuals. Mindrup said that it appeared to be a classic case of blaming other people for x paar�� DI poi D°�io« u c D., ..M ❑ Drrr, PLO. DOW_ k+�..«rw *� ,�.Ars r Two�...� Co DC722)0 *wo^D� Sergeant John Celestre _ r3or . n a s s �raa 0222 ,-.._v.s...+,.c...�,..ac.acP-v!..o-1Mcsr-.�. AYs+s�.x^u-arC�tt-''�,eoar ,._..4ar. ,. _ "� t�-""'^�h� ._'+�"y�;�•�'';"";"_-�"� �. .�.a,�. t. L GetCwe 3 C fit'°" t .w cr u 95-10679 Cen ``•••" a v HORNBERGER, Brigitte 4/19/95 of Uccixrtr>ce ,c ,0004.F.-F.M? _ �1��22/3ff�ertlspc)nn Wav Martine �ERGER -Anthanv Louis 11 1rsR+e tt CSL ►r,po,+ra:fd.��F>irn+4.LdC!L'*4^•inn+l,t,r�+Wr'.AtLrtai.C.+tnly �af+e f W►.t'W++.ReC4+r1W't 6t00e+►t,Jn+bt'.L►"+a'N.rr.'*r'.�r.arr'ur+w�xe Owrcrvud�.Lt+utron lktirrTow. �Wit,P lou'Lcfu•UV iN FOLLOWWG Do >'Ek N Cir WWI-NOcM.�,'Jt+a��'C)O�y*4 Fent.0i w"■�+� P TVt.1U. MS'*��+r+or0 Goocrt A we ACD�Prop" s • your awn problems. Mindrup stated that Tony made reference to having financial problems because one of his ex--wives had taken his business away from him. Mindrup added that it was probably Tony ' s drinking that had cost, him his business. Mindrup said that in his opinion, Tony had a "special relationship" with Jessica. Mindrup didn't mean this to imply that there was anything out OfL the ordinary in the relationship between Jessica and her father, just that Tony probably felt a greater bond between him and Jessica than he did with his other daughter, Jolene. I asked Mindrup what his general opinion was or his impressions of Tony, as far as Tony' s domestic life. ' Mindrup said that in his opinion, Tony dishonored his family members, due to his drinking and his abusive and rude treatment of the family members. I asked- Mindrup how he; came. to. be-at..the. scene on, Anderson Way on the night of the 19th and the early morning hours of., , the 20th. Mindrup told me that he had received a phone call from the Sheriff's Office at approximately 10 p.m. They asked him to come down to Anderson Way and explained to him that there was a hostage situation involving Tony Hornberger and that Tony had his daughter, Jessica, in the house with him. Mindrup said that he came down to the scene and initially, they had him sit in the Command Post while they were setting up communications with Tony, but then they had him move to a residence several doors down from the Hornberger house and that he stayed at this house with Brigitte. Mindrup said that somewhere between 12 and 12 : 30 a.m. , an officer came into the residence and told him that it was "a waiting game" and that they were trying to negotiate with Tony. Mindrup said the woman whose house they were in had a police scanner and that they were able to listen to the scanner and keep abreast of what was going on. a �. Dwrwwon Me Dt nDDfl n61� Dv II4+ O�++�* n«� D Q c..0r•r u c+ D'**v�r4 O.. D,�Cs D MMell R0. O•++C x Fi�rn Mry D"% r P**Ntt 17.Dim 1 Tom MRM^ c0 D��A D� Sergeant John Celestre - ctwr - w **"vow Show F4VVQ Tri.Dow ♦O�tta 94".1fM) 0223 �7. tyCd7C as i,r.• ....o.., 2 CRY Com+ 2.L ..��G�r+r+wruva+ O+M �. 36 t �rcaaaa.. 95-10679 Cen LA ' "'°"""• •�`!,w - HORNBE RGER, Brigitte 4 19 9 5 Lion of �7ccurrence x s,.�»oM-�+S NSA t2 erson Way, Martinez HORNBERGER Anthon ti Trac+.'$00"*"Or' 0,po'PaNd.K Swyw-0 i Fwd.Lwn iso++^•bvr w�+-V .Arbati.p rrA4 it 0-4 - ) F^.0 wrc,+�a t1� iw+a*r�Dan.v�r, Mt-WI TWr•W.n►,l+Ch+hO Tav'4or•L=CT!i Fou.�tsNG pR.'?fiR A}C+risnt�.►b�a i;.lrvMn'C1 Cxo+w^9 U Mindrup said at one point, they heard a transmission come across the scanner. The context of the transmission being that Tony was at the door to his residence, that he had the shotgun at his side, and Jessica was approximately six feet in front of him. Mindrup said that shortly after they heard that transmission, they heard a boom, which they took to be a gunshot, and then soon after that, they heard another a transmission across the radio. That transmission being someone making the statement, "It was a non-lethal round. " Mindrup said that shortly after they heard the sound of the. "i gunshot, within minutes after the shot being fired, an unknown officer brought Jessica into the house where he and -? Brigitte were waiting. Mindrup said that shortly after that, another unknown officer told him (Mindrup) that Tony had. been, -shot with a beanbag round and that he "had a pretty goad hale in him. " The' officer told: Mindrup. that ::Tony was going to be transported to the hospital. Mindrup said that within minutes after that, the fire department and ambulance were on the scene and that Tony was subsequently transported to the hospital. Mindrup said that the officer also spoke with Brigitte Hornberger and gave Brigitte basically the same Information. Mindrup said that after Tony was transported to the hospital, he left the scene on Anderson Way and returned home. Mindrup said it was the next day when he learned that Hornberger had subsequently died as a result of the wound he had received. '' . Mindrup told us that he had no personal knowledge of violent behavior on Tony' s part, i.e. , he had never witnessed Tony acting in a violent manner,` nor had Tony ever admitted to him that he engaged in violence. Mindrup said that he was aware of past incidents of domestic abuse involving Tony and Brigitte. Mindrup said that he had no further details about what these incidents might have entailed, but that Mindrup' s U a.ra~ D.,.wepasi+ Dw» n nom" D cr""»• ESergeant a. S7.o.• r T.o wK�.^ CO Dr*OWN Ch, L'1� C�'"'" ��o•. L�f"c John Celestre w,.w+ D a� Dom»^.. p � � _ Dom, s iw•t+�+u szs 0224 (pe e�lYisw• ——- Q:r). E30X 3y},Nn.i utra.c., ! C+r G+« 1.s..n.jca.++}+cstier+ ,.�..�. 95-10679 Cen A : .:.� i.Car Orap AWOM 6 vcw% � ''IL F.K -HORNBERGER, Brigitte 4 19 5 AAIdation of 'Dccurrrence HORNNB�ERGER, uAnthon 2 Iinderson WayMartinez ,} J►rnOV 1y L-OvwL ,�,,,yam.R ys►td fwrntl. scr . . 's Ln " fa �U uN Fees 0 ve ooL 91 Oncc4 iwo"*mt_F)A&64a*%c MM s Twat.W.+l,Tc►uM Tau'to. 1St W4jOs1O +G DA*gR 1y C ur w%c). p�rrsw-M^a.K,*Liy+�'d4 400as K sr�as ,2 15rc.a++tsK ttsstsrq� wife, who conversed more with Brigitte, might have specific information. Mindrup said that he felt that he might have been able to _- diffuse the situation and talk Tony out of the house. Mindrup stated that he doesn't know for sure whether he would have been successful in trying to talk Tony out, but he would have liked to have tried, and his belief is that he might have been successful. Mindrup did admit that from what he could see and hear, the situation had become tenuous. Mindrup said that it had, in fact, crossed his mind that Tony might be trying to work himself up to a point where he would kill Jessica and then commit suicide. ' Mindrup had no, additional information to add, and the interview was concluded at that time. On 4/27/95, at approximately 11:48 a.m. , IL interviewed. Sheriff' s Aide Cheryl Cole. - The interview took place in an interview room at -the Field Operations Building. Cole and I were the only ones in the room at the time of the interview, and the entire interview was recorded on videotape. Cole did not have any specific ihformation concerning the incident at 222 Anderson Way. She was able to give me some background information on her relationship with Hornberger and some background history on Hornberger. Cole told, me that she and -Hornberger had lived . together.' approximately five years. They have never gotten married. They had one daughter, Jamid Lee Ann Hornberger, dob 7/16/87. Cole told me that she and Hornberger had split up for good when their daughter was approximately six weeks old. Cole told me that her relationship with Hornberger was characterized by incidents of domestic violence and was an extremely unstable relationship during almost its entire tenure. u OW*h ron L7� Dc Lia L� DL II4 Di* Dv D -mar*w II+tis D fee m—. p''" Dor+ 11. r Tests%wow, j]+►,,�+.� ,a� D Q r,r� C OLo. fl s•+c x"""^. °"r"r!►*�+" CO D•..A�A D� ow- Drrts..t...+ Sergeant John Celestre D 6u,0,R**MC ro s� ++� s,,p.: zt j*�•6 ;4 a .. u -�-- I.� Z C+tT Cosa 3.•C Clsrrnossbn t G 16 Hca s� 95-10679 Cen A. irid ►,�. D _ 7.Drs 6n4 �1�rn - i� HORNBERGER, Brigitte - 4/19/9-5_- A /19 5 _ Lost i on of DX curreme ,o x..�,.ct a►w.a_r.+.+r 2 Anderson lav Martinez HORNBERGEft Anthony s IS trzq+'h 0060Vs's'" 4X-bar.L+.�-.rtsn.bv.owvouo,.L.cttion e.�.14 =YV-N&fvjftQ.L.ot.ltob^.Irn,.►trR+t+r'.+V'�a.4uaresrT �ranG/44ras'W�+�SK9+'rr'a 4a+lr►��0 wh.=isf,L7 ofie 104P"OML Fa r4a6•0 TVa.ru_ rt^+rTa►ar,wat,!+tido*Tota•Law.LJV P rOL1..0�00-�ER A!C�.rwiq.Now&i;jo-to T.Ci�'^G K ai�Gaoow �+rt 12 R«co'K r*s1w% Cole told me that when she had been with Hornberger that he did have an ongoing problem with alcohol abuse, although Cole had no information on drug use on, the part of Hornberger. Cole told me that Hornberger had only limited contact with his daughter by Cole, and it hadn 't been until Hornberger , had moved to the residence on Anderson Way that he started to have any consistent contact with the daughter that he and Cole had. Cole stated that since Hornberger lived on Anderson that he had had contact with his daughter approximately four to five times. Cole said that Hornberger was never the type of person that would admit that he had any kind of a problem and that he always blamed others for the problems, both personas and financial; that Ii`e 'had I asked Cole about- the previous statement that she had made, that in her opinion, Hornberger would not let himself be arrested by the police because it would mean that he would have to go to the M. D.F. , and he knew that Cole worked `j there. Cole told me that Hornberger- had made the statement to her at one time that he would "never go to Jail. " I asked Cole when this statement was made. She told me that it had been made several years prior. It came out during the course of the- interview that Hornberger had made .this statement prior to his arrest in 1993 . Due to this fact, I felt that Cole' s statement about Hornberger. not wanting to go to the M.D.F. because she was employed there was not factual, since he had, in fact, been booked at the M. D.F. in 1993 , and Cole had been employed at the M. D.F. at that time. I asked Cole when the last time was that she had seen Hornberger or talked to him. She said that it had been approximately two weeks prior to the shooting. I asked what his mood seemed to have been at that time. She said that he Ia+.wn• U chwm~ C)S DC Da D� D� Do L]M jar _ D�� D Imo" 4J Mtrt�cy �Jw D Ca1r�tK ti.#rr�'��'�s'�^""v D►+*�'�Q D D~I PLO. D Sergeant John Celestre CO j3 PWW t�r•,R D CW* oK ti to swo, 1+o ri.O. II� PoftAs V.ft- ) 0226 L CRY 95-10679 Cen A : b vuw� v,c+��► F i.1+0 T.Aw Ory 11r�ra+t - 1 Fro. D HORNBERGER, Brigitte 4/119/95 1 / xx��aatlon of bcCnc v:ree •o .h.nwo r.+�� 2222 K-derson Way Martinez HORNBERGER Anthon Louis t 1 rrogl►,D-N V ��.F�.,r++d.tak S+rn+a^•aam W�r,w•.A,rl+cJ�.Ow�+twry Mrsntl'►4Jta'W+'.,r+co+ra*'�uasv N�mba�.Lara M+*+be".V raslttirru Oawerot,on.uuaon �r,..T,+r.Val it,R+t kW Tau'Low •LAI IN FOLL�G 004:0EK Aa Cu07VV,.NOU&1;.r•lrrr.C)0WWwf+4 FM,:)i v✓�d+a =I Coat Lw�^»rK F1 R►e.o Tv. eu_ OE r..�*w K+ "rbro Gina q wr t2 R.c o+rrk P.OWN j r } 1 had seemed to be calm and acting in a normal fashion. I asked her when the last time was that she had talked to Hornberger or seen him prior to that. She told me that the last time she had talked to him or seen him before the occasion two weeks ago had been approximately one year ago. Cheryl Cole had no other significant information to offer at that time, and the interview was concluded. :a j = a� Dr. MCA MC* II9AIIv f MIA M" �jJ�rr II �r t1 o.a .LO. 060C x AWW-W 0w0erP-SP ��.aw Tom CO II��n II� ow- D Pes Sergeant Sohn Celestre s.� a.o ria■ Z2/?w 0227 t CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA '\\November 14, 1995 . Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $750,000.00 Section 913 and 915.4. pl p� }ION ten;,,,, ­- CLAIMANT: Jamie Lee Ann Hornberger by and through her Parent and Guaoftnl 4 Ad Litem, Cheryl Cole ��QS ATTORNEY: Daniel Stenson COUNTY COUNSEL Ian M. Cooper Date received MARTINEZ CAIF. ADDRESS: 8105 Edgewater Dr. , Ste. 100 BY DELIVERY TO CLERK ON October 1�, 1995 Oakland, CA 94621 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHH BATCHELOR, GATED: October 19, 1995 BYIL Clerk �n 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (V) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: b \01 — � B Y f111 Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (VI/ This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: HIL BATCHELOR, Clerk. By 1,4111A Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: (�!� ,, —Lgq,S BY: PHIL BATCHELOR by 0Deputy Clerk CC: County Counsel County Administrator .ti C'_ BOARD OF SJPFR SOPS OF CON7-Rfi. COSTA COUNTY IN.c7OCTIONS M CLAD�-271 r.. C1airelatinz to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before Dece=ber 31, 19-S7 , - m-.st be presented not later than the 1001."h day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or g:^ wing crops and which accrue on or after January 1, 19-6, wast be presented not later than, six months after the accrual of the cause. of action. Claims relating to any other cause of action mast be presented not later than one year after the acc rx--1 of the ca,.se of action. (Govt. Code §511.2. ) P. Claims mast be filed With the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Ylartinez, CA 91553. C. If clams is against, a district governed by the Bx.rd of Supervisors, rather than the Co=ty, the name of the District should be filled in. D. if the claire is against more than one public entity, separate claims must be filed ag_irst each putlic entity. Per=l rode s2^.. 72 at. e,'J'.1' Of t. _s ` # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # Reserve: for Clerk's filing st,=p 1C�� JAMIE LEE ANN HORNBERGER, �a. I� BY AND THROUGH HER .rARFi,'I AND'GUARDIAN} r'y�' R CEI Y ED AD LITEM. CHERYL GOT.E 88 Cc'.— y of Contra Costa ) �., ) 1 7 Q% District) OFSUPERMORS (Fill i n r: :c i ) CONM CO. T e undersix ed claimant hereby nM1es c1aiW a;.a1.n.st the County of Contra Costa or the above-r. d District in the s= of Y 150,000.00 and in support of this clair. represents as follows: 1. When did the da=age or , injury occur? (Give exact date and hour) APRIL 20, 1995 AT OR ABOUT 12:30 a.m. 2. Where did the da:,a,.e or iniury occur? (Include city and county)���-���______ 222 ANDERSON WAY, MARTINEZ, CA COUNTY OF CONTRA COSTA_ l -'-_® l 3.�how did the arnage or injury occur? (Give full details; use extra paper if required) ,.. CLAIMANT'S FATHER,' ANTHONY HORNRERGER, WAS FATALLY SHOT BY A DEPUTY WITH THE CONTRA COSTA SHERIFF'S SWAT TEAM (SEE POLICE REPORT) 4'. What particular act or omission on the part of county or district officers, servants or emmlove-s caused the injury or dare? THE COUNTY OF 0NTI2A COSTA SO NEGLIGENTLY HIRED, TRAINED, SUPERVISED THEIR OFFICERS AND DEPUTIES, AND SO NEGLIGENTLY OWNED OPERATED, REPAIRED, MAINTAINED AND CONTROLLED THEIR WEAPONS AND AMMUNITION; INCLUDING, BUT NOT LIMITED TO, AN INDIVIDUAL DEPUTY NEGLIGENTLY LOADING LETHAL "BREACH LOCK" AMMUNITION RATHER THAN NON-LETHAL •"BEANBAG AMMUNITION" INTO HIS SHOTGUN AND SUBSEQUENTLY AND NEGLIGENTLY USING THE ABOVE- MENTIONED SHOTGUN TO CAUSE ANTHONY HORNBERGER'S DEATH. (over) N:._:.`_ e_^E the nc=-es or cc=tV or d,*s=. ic, officers, serva:�`rs or e=r_ovee-s ca.:sirF ...-e C Ee 'oma, in T.? THE CONTRA COSTA COUNTY SHERIFF'S OFFICE INCLUDING, BUT NOT LIMITED TO DEPUTY MIKE BAETA ( SEE POLICE REPORT ) r t H=-age or injuries do you claim resumed?- *(G.ive full extent of injuries or damaEes claimed. Attach two estimates for-'a°.:t..o-damage. LOSS OF AID, COMFORT, COMPANIONSHIP, SOCIETY;-LOVE AND AFFECTION OF CLAIMANT'S FATHER ?� -- -- How was the a=-.-Int above c--=p--,tet? (Include the estizated am=-ft' of a:-.*, prospective in fury or da=aFe ) THE AMOUNT REPRESENTS THE SUM TOTAL OF THE LOSS OF AID, COMFORT, COMPANIONSHIP, SOCIETY, LOVE AND AFFECTION OF CLAIMANT'S FATHER. F e5 arc actresses Of witnesses , d=cttrs a:-,'- hcsritals. ALL WITNESSES KNOWN TO PLAINTIFF AT THIS TIME ARE THE MEMBERS OF THE CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT ------------------------------------------------------------------------------------ the EXr'e..t: es y .:.:._e o" a= Cf t.._s atcide': t or, in-*;,=j. NONE AT THIS' TIME_",` .w ' r-:,.nom ...n...........+w is k-z . CoCe Sec. 910.2 provides: r"r £�Y lar kyr ryrt.; r..iy C__ =7--'-a- be s.gned b by the cl= ..��.- I s� e��_ or, his be`;_=!f.ri DANIEL STEtVSON �.c�,,� IAN M. COOPER Ciair' :t's Sig-�t �^e LAW OFFICES OF JOHN E. HILL ATTORNEY IN FACT FOR JAMIE LEE ANN HORNBERGER 5105 EDGEWATER DRIVE, SUITE 100 OAKLAND, CA 94621 5105 EDGE4 ATWeb�,IIVE, SUITE 100 OAKLAND, CA 94621 1e_e�h ,.,_ ;;- , (510) 729-6330 To, or_ ,nP 1�-_ (510) 729-6330 N 0 T I C E Section. << of the Peril Code provides: s, "Every person ��:o, with intert to defraud', presents for allc,.�nce or for pa}=ent to any state board or officer, or to any county, city or district baa—^d or officer, a•Jthcrized to allow or pay the same if genuine, any false or fraudulent claim., bill, acco=t, voucher, or ,Titin:, is punish=able either by i=prison-ment in the county jail for a period of not more than one year, by a fine of not exceeding one thousa_f (!-1,02) , or by both such imprisonment and fine, or by imprison.-aent in the state prison, by a fine of not exceetirg ten thousand dollars (+10,000, or by CONTRA %�� HRO �An� +I FacePJVe % p.p. Box 391, Martinez, California 9G553-Ob3'3 D - .]GOnpgiat on 7 C./ S.More `I�ypObmental 4.Detaif 1. Per30ns 12.Cary GOoe 13.Gnme/Gtasanutton ✓ �- 2. C 16. Employ-NO. 7.Date/Time Reponee S.ReGa".- 6 pay IDate/Time Of Occun•ence -7 ficauon 11,4 q,c y00 D 10.AOtlrrss/Location of O,c/euneennct IC 13 77 WR DMS D RUN D SUS D LE/,O D Other '7 �NQG/L so"' FA PRI 14.D08 15.Driver License No. 11. 13.Race/Sex/Age 12.Nwea(L.F.M) / 17.Home Phone (Zip Codel ( ) 7 - yY(o 16.Adsrss 119.work Phone 16.Errq►oY'b BY or School G /O 125.Social Security No. 20.H 21.Eves 122 H. (23.WL 2G.AKA/Mataen Name sa �27,600king or enc No. 26.pumer Description(Scars.Tanoos.Mannerisms Clothing,Etc.) RUN Q SUS ❑LEAD [)Omer D PRI [I Vic n WIT D MSP D j 32.Driver License No. 2E - •- 30.Race/Sex/A � 131.006 li 29.Nwr to(L.F.M) /?� E /✓ ,� /`✓ L U/J (Zip code) 13G.Home Phone I O 1 7 - �`�6 33.h9ress 36.work Phone ( gyp ) 70- r-lyL 35.Employed By or SCnOOI 142.Social Secuny No. 9 - � HL 40.Wt 41.AKA/Maiden Name Hair, U.Eyes y . � 7 ( /rn +d.:,DOCkinJ Ot Gtle NC. JV <3.FmRttter Description(Scars.Tanoos.Mannerisms.Clothing.Etca i(I Other WIT D CI RUN D SUS I-_1 LEAD <S i I PRI [V(c MSP D 47.Race/Sex/Age 48•DOB 149.Driver License No. <6.(aame(L.F.M) Z r✓ G *', ( Ci `� 1 ? s0.tdoress L L />A �2 •✓ A la. °s.Work Phone . .. _. 52Haotcyed By.or School- I r- ( ) co Social Secuny No I 5£.AKA/Maiden Name 54.rrair `5.Eyes +56.HL Si.Lvt. t 161.BOOkinc Or Cite NC. 6p.Furiner Iscriotion(Scatrs.7311 .Mannertsms.Clothing.Etc.) I Model 167.Body Sryte i 63.Color Top----- 62_-zen/Ves 163.Liz.No.(Sate) 64.Year 65.Make Bonom rr5 17 ViC 71.R.O.AOOtess £9-Status 70.Reots:ereC Owner 173.Who has keys' RLer. `'am pound 72.Towe-o to or Released to F tt Stored 77 S Missing 17E.S Oamage: F Dyes 176.Dtsao OI Evidence 7<_E„d. 75. /P Yes oNGC--� iI NO P!3 No 7c Bne..Synoosts of inctoent (1) ,� PO2T Co / v/�-r�4�o TLlO�`/ F'L/ vE U/c/ .e 131 �-- �� Vl,,v7.- MIS/ E' i•,lbw /C G-d/D�„IG 7S 1L n /rte /ice /4D . CsJ• A /vE l./o /7-;57-/ A,Ln,�/EZ 81.Addntohal Rouong SM DLstribuvon t / D _L r10-•E)SR DV s..- tnq Deputy(P+'tn0 ,I 83. au/Time Wrinen �- 0 vesuq ionD[1 Vice DE Ht 011 LLJ Gory+ef 82 - ��,� -} nopetlyCkCS j 11ntell.: HG I 86.Suv/v_.m• < E5. ° 7 t^ " Pawl Captain -1 ComOl.Otc. anne'Pa rol �-- 11V0� Omer nnnn / �� r r-7f,E _'15m ro''"3w .n C;. yya°cn. -.-_KU. L DetaJl,. acatwn ental CM,./Claai+ficaoon 2 r, 2 01Y Coee ✓ 8.Elnp+o'/�e No. t.DAEms/ Ong.R000rt 7 q i.Dar - F.M) ,0.SusOed•a Nano(L-F.M) A Atlor /LDI of Occurtence nd/Maks/Manufacturer's Model Numbec.SerW Nur^bec•11����t�Ra�TV sett ri PrmPe^Y DeaenPoon tram Numbec.ArticJa Ouanttty,Bra G7otttln4 Fury D)wmciec E)Owe Winded.R�rared.Found.Lost Stofen 7 tN FOIiCTNtNO ORDER A)Curtency."0113)'4"w'Ory'C) - Wloare Taklm Value,k+a d Goons n Miscue g.,fearms:M Housettd O� /1ZOA.f cz, t2 hovered Propem s 13.Narrative!Stanssr+ertu n) i 9z Aa o,✓ uG� v/A <� / C-T m �'o 0 MT � (3) �¢ r0 ND E9 T' (6) H 2 C Z-kr0 Tr�ENO o,c/ u S E cs1 , G/E�r� •�� G S T p 'Ec dO�✓ D / Al �pN y E C L 1-TT A / /-77X/ ON � �� ✓ 2 � v,c/. v�i�/G �►` L/ G E� o G /N cam) Tv " ('v r� /�/ / �-,u Tr/as✓`� /2E'< �9 c A10 77 (3) 6 T pLAI (tet 4 c/ SA yi rt! 17/x- r /v/N G SL/o/z TZ >' a o,cls cD��C11AI /rL 2D 818) / irfa 7— 7— A"S /Lcc�iiT� p19t !4 2 vEs T E/1 AS (Z21 G A7 �TtIO • (z3) � �T S 2 7D _. (251 t5 Addioorul Routing �t ihsvibwc^ O O SR OV -J O B OC ODA ODE ❑L ❑ 117.D / me Vvrinen Vice ❑Narcooe3 ❑Juv ❑Gaate Time°n°r peppy(PnnU Prop"Ck 0 Acs O Intell. ❑FRO• 0Date U,ve3tigation ❑ sHC ,5. ^g - p - D 21.DaI M �Manna Petrol 2Q Supv.N0. te 1 M Patrol Captain D ComPL Oft 19.AODro+r^9 Suer(Prin* ❑Omer 0002 FORM B (Rev.1/89) �� � tx,�.. t ran + s I � .. r 1 rt "^r.� �• _.J.+'��Y'��,.^�,� i S..✓�t��'�3"1�•.y:sfrf'�3w+.. iM' y�t�� . ...����4: ...l'--� a`� x��'�(.��11'lfi.!�#'`r�Fz�'*��jb�l����ti6�'-•�'�1`Z,i�,'i.Y-�3� �j:Y"1`�4'•y �"r:,�.. "fi�rf�f tiT�,;—n Y. !.=.Y^ r Jh... �� }•>C',`�j 4,peon 1_ J •RlCaaai- ❑ cntai 1 ,�/Ctass+tecatetwt 2. =2-C Ctty Cow i¢ G Na. C�M r 7.D-t*Ong.P—o" _ li E1nWofM - _ t0.Su-o-da Name(L,F.Ml 2.mom/ oon of Oca+r*e^c* e.Ouutt►tY,Brsrto/Maks/Macwlac�xefa Motel Number.Serial Number.MbcslV^perw t F)R>v�L(OC6= 11 DescsiFeon utper+enC Fl Rada.Iva etL Number.Amid Notes Bl Jevv�rY C)Clothing Furs; urs D)Vsttidec Q OKiu Im .R&=vs O •Found.L09L Stolen-hem NO ORDER:A)Currency. %traaroTaken,Valu.tnduos TOW Losse ST IN FOLS OW► 'Faamec:H)Household Goods:q UND 7 12-ae,>�Od Properly s i;N,rrapeb/ ,�/o/,0Tl/Ar _ / USF i3e/ /r c w/,✓ NT�O�Y /f o (+� .xt/En Al O/L a T 7714-1' r �� r < /T � �it/ 10 o%u G erc� � �N •AT or 97�� _ /o cwt !,/A/�!D . fl E v c .✓ /G rfr M (M71 T / �� D iD /o G✓/1 ttSe� B2116/71X� G!D 41N �f2 /4 ,c16N7� O�� s Tod F�/EV c l'f /VDr /72V G DU mrd' N 77, an !rl/ � CrlGO• - / �- c/dJ �T 15.Addioonal RouonO tr.�B oC ODA ODE ❑L ❑O ❑SR ❑V Nareoocs ❑Juv ❑�onef Pring 17.Det;/Time Written /C_ ❑Invesogation ❑Vice ❑ 16 R ng DeouW( —10 —�� ❑Prop"Ck. ❑ACS p Imell. ❑R.O. ❑SHC ���J"' 21.Date Imo_• ❑Marine Patrol 20,Supv.No. ❑Patrol Caomin ❑CompL Otc t9.APOro`^^g S+'pr'(Pnno ❑Other 0003 FORM B (Rev.t/89) -.. ..".»,..,....••,.' - ' ,._', .. , ..- . ._...;::{ 3 `YYi.. .._.•.,.,r�,� � ' i ..±q .d,�:,�^.I'�N`ti 4 `�rYf'•Y`�'j'¢`"R'�+�.,aY , �.� �+��.rL7��1• '}�.�'d�C+.••�r?�i'�'t"`_�!�`.1�',.'�?��.d9r �'�i�'�'�:ari�•�1i�� �7�{..'�i�.1'L'::ZL�i��sv���s'4g.7C�+�+�R��'z�rt��S''c+t'•..•'.�c'>�" mental _ t.Dell,. v 7 - tenon Z�Cw. C+�n1e/nest `so°" D 1. �..._ C e F�e+WoYe' ons-F.00n F.M) t0 suapecta Name()-F•M) 9..Amm ew!Locaoon of Ocwn'anCe _ aoua Descrpom /Make/AAanutadsYer s Model Number.Sena!Nus+ .M� � t Location a n-n Nu"�per.A►flda.Ownttty. SmWM&ks/MAnVt— B).tw..,ry. B)•1e'"°f7 C)000in¢Funs:D)VeMdes:E) . btPO tde4 Recovered Found.Lbsl fie^- tN FOLLaMNG ORDER:A)CurtencY• witime!Takan Valu,Indude Taal Loan-L15T �eeerms;M Hpuaenold Goods~ Mis- 13 Narrative/Sia ,/ e ♦n/G _ me SS/ 77 TA YE Q.s/ G,4 ;r7 CW 7 �.✓ u�E� Nr o2 � T ,c/7z/o�/ .c14- 012-e A.142M 74/,4 1) 019 Y 2 rJ 677 =7�/L- L E-D v T i�0 GAJ iy 1`/A r oInA F G/ /,Al L 7VO A/ �4 ti1 Tt/0,4w, X12/2-6' Rti1 A, 71 .4 C 5 Add�oonal Routing pistr;bution V 'D B ❑C D OA DDE D D O D D77.D&O/Time wriaut 'fl D Narcoses D Juv D Coro^°- D InveU . f� O-9S DD L atigason ❑vie ,6 pepC+pn9 or D pnoQeM ck D ACs D IntelL D R.O. D shC Cl -c"^ Manne Paa'oI "� 20.sups Na 21.0=m `. D Patrol Captain ❑Comol Ota 19.App — - Domer -0004 FORM B (Rev.1/89) - --- - --sem �$�.'.�����.K,�-'y',��,7`>��.�'��r�• �ti..►�''1�,L�� }Gt.�r+�i��v� ``��a7L` L!'.7h�ilw�4'°`��Z"4�i.����+s��i'1..�. ����� :=: Dell 1. G Y.) T r (Katon ]SatG��6ntal y Crkr+a/C �^ ._ 2 1 3R"am 9Z A SSAU GT C✓ ,4 7,o.a one RepOr1 /fie t rr+o+ors+No D ,sttm 6larr+e(L F.M) .._,. rl 10.S++Mb's Name(L F.M) p.46Q3aeas/ jwn of Oocune�r+oe gr><nd/Make/Martuta s Model Nurnw.Sen l Numbat.Misc.ettanaoua 0eecr*760rt"C*bon Ift 1S.Frtt0Y DtP60n OuantktY• Vehi, a E)Of5ce Equipment F)Fladio.TVL et.: p�twed.Recovered Found.Lost Stolen-Iter^Number,ArtSCl Naar:B) )e"Nry'Ct CloOtlnq.Fur: D) vwnwe-Takers.Value•indude TotaI Loss.UST IN FOLLOvANCT ORDER:A)Current% I �)f�Finartns:Hl Househad Oooat 0 Mist r � �_,.,i' .,,,�,pasrered property S (1) y . ,vENT I s� //t/o/we— C/ 0 7r 4T W/c c A D aT rO �t2�i r c Al 1,2 (.� � a � „�• ,022,v� (1171 ,f T a 2 6 G/.G(f • Q r / lfiaf �C . Gl�72 S 72?`7 (911 /✓7ZI4,V 2 3 Z Arc%O Enso r r L .r . f f� Tom/ E l 1 /.✓���c/E 1J rA �/w��E� A,�v (Qo. Cv/1 ECJ 772V s- 194c10- S4 Ta ^/ (R51 7V N7;4 15 Addioor+al R4vtln9 Distribution SR ❑V 77-777 OB ❑C ODA ODE ❑L ❑O ❑ 18 O investigation ❑Vice ❑NarooucS ❑Juv D Coronet 7 Date/�j� VJrinen I �✓_ 16.�e�°^q Deputy(PnnU -2v�(� Q� f/ ❑prooetty Ck. ❑ACS ❑Insall. ❑R.O. ❑SHC 'C/ /1-- — f ❑Menne Faw0l 2(L Supv No. 21.Date I p Patna Caotaln ❑ComPL Ott 19.APP—nq'-W ❑Othe< i 0005 TORM 8 (Rev.1/89) ..�.-�.+�e�`+si"�.vi�.'."itS.3�T..�!:i�.sHt.'>..aC"e'�l�5rirfr3'tot;4,nrsti�'�^��ti►��a .'Fi6t"r.`.,��!Trisl��'�`�`t�S.:h�Y..'"�"s'�..'�4 efN�".�.ti�� Y����''�iw�s`�c�3�`�r.'F7<..'r"•[�•.C���+�i'- CONTRA COSTA UUUN I 1 fin` ••' LJ HRU )CJ _ cnUnuaton P.O. BOx 391, Martiriei California 94553-pp39 �! 5.Reclass,• A.Detail 1 7 'sl fY"' huson supplemental _ 2. -_ 2.errY Gee 3.Gnme/Claaathcaaon � ❑ L _ a.Em W oy- O No. 17.Date Ong.Report Vitmr++Name(L.F.M) 110. sped. Name(L.F.M) g_Address/Locsuon of occurrence, Brand/ C) s Model Number.Serial Number.MiscEquipr a t:F)DesRonon.Lp.etc-: ,,,Property Description: Clot>,Inq.Furs DI Vehicles:�Office (:gwpment F1 Radio.TVs,etc-: Bred-Found.Lost Stolen-nem Number.Article,Ouantily.��(iotas B)JeWdrY C) Impounded•Reetw T IN FOLLOWING ORDER Al Cu yyrere Taken.Value,Include Total loss-US (�)Firearms:H1 Household Goods:0 Mise — 13.Nsrt ave/Sm tateents - /G a N .4 ,2 fteeovered Property S (11 — v (2) Z-7- �f � n��' Ay A n/o�v /D/N Q �/ ,c/ Y (3) /l��9 (<) � S�CU.e Ea • � W/l TZ1�` G!/!�<� 00! m N `EGT �� G/ G ESQ ^j /oo T c,4Tfvt/ ,BE' �� Cp�gTzO.J U�vTI 7-0 70 (121 (1310/1 7710AI Al DutiS.QG E3. V 5) /3 S 41 t,8) e o- n9) / ?-- Coo/GN/> TD -/c'"� •��, m) T .9 -- TQC•` /y,uE- n<, �f" /G✓/D E?Z�t,rA��f G°�✓��9 �. W,444 1 C ,� 7-0 /l.c./ d 2s G 15.Adpitioral Routing 1�.Disvibutwn O ❑SR ❑v B C)C ❑DA C]DE ❑L ❑ ❑ V.Op to/Time v>r�an i ❑Juv Corona PrI y-10-q 0-r[$6 ❑Irnesogaoon o Viae ❑Narcotics 1�orvnq Deputy ❑Property` CI(- k ❑Acs ❑ime+l ❑FLO. ❑SHe Q,:,—T� 20.Supv.No. 21.Data ❑Compt.Otte ❑Marine Patrol Supv( ` [j Psvol CepIDin 19-Approvrnq - . p Otner 0006 _ a.% %S1=a`�"-d�ed:• r'✓SiYt.•alt4��?•�..1'4:F:'r��;.?`...�_`-�`�.�'�-q�'��Ssf':-?_/")3��`.3,.`� J'�:�i�'w�-..��°r..Y-'�'a'd9.3'r+A.9+�,. .. . �)'tk''- w, t.r���� �« &jpple ntal — — L O.a+(A. I.Cabon `2 City Cow 3 Cn+n•/Ciaaa+ficaflon ✓ ^/ Q 1,DR No. I _ _ _ NO. p � /• '7 9 C'� T 7.D.++Ong.Rrport a.EmtroY++ r m Name(L F.M) w tQ gypeaa Name(L F.M) 9.Aooress/Location d OcNrrence /µaka/I.larwiac>srrer'a Model Number.Seriai Number,Mh,:,llaneous Desonpbm(K-'aon 11.Property pesuipeon Item Number.Artida,Ouanttty.Bra++d Di Ve++lc e 4 Oflioe FQultx.ti nt F)Radso.TVI etc: impounded.Recovered.Found.Lost.Stolwn NG ORDER A)C--cY•Notes B).lewsl7•C)C OMIrta Fur: Where Taken,Value.indude Total Lass-LIST IN FOLLOV/I G)Firearms:H1 Household Goods:p Miw-- /7 12 Recovered Property S 13 Narrative/Statement 4 /J G� (1) ^1 CD /res .•%a 7— f2) 2) / / 'A L I (3) (4) (6) 7-V 40. M-710 (101 � S AUG•/•'• t/AT41210(JA/ (1z O/00 /jf• 2/G /TirL4o 7r,41W �� r -Z,/a�s' mad (13)/ i S Y 2 C �TrZ t,/o u S C ,161 .ti• a/�Er<l 41✓7uCv-1 .01 < 2 7'� G ,420 v.✓D / (17) /iJ !-� .40 l` 2 ,- �O S' �.✓ lZIJ Eby 201 � �G � ,4/L� r=?�!G-" / ., C.�✓ ?7ZU/C�': all uG UUE71- GAJ 231 (✓� /a A�/ Gu7`S (24) ICf 7Vt71%1 7 S� /�.vL /G/ i G- A �; F/✓ G O 25) / 0 � is Additiorul Routing Distrit Aon ❑B CDC ODA ODE ❑L ❑O ❑SR r-3v . O investigation O Vice M Narcotics ❑3uv ❑Coroner 17_ /T Wratten 16 R rq Deputy("^t) -10 ❑Property ck O ACs O Ime(L O R.O. ❑SHc Y Marine patrol 120.Supe.N0. 21.Date I Z2-�0°— Patrol Captain O t;omgl O1c 19.Appro•''^a�� O Omer 0007 FORM B (Rev.1/891 �1C.`,:a�.�t'•1,�H4, �,►Si';1•,U,��'::C.,rf�r�f4'•A!7`4{��T`+�T'.. � y'.:iri q'1'� �7N�i •n��{•^�� �d.�' .i e --w,ss,�,•�f$��zk•���'��-' �—,r+ •��• L DOI L -- Fusen Com°^ vital i.city Gcp i G'�"�� v L G ✓ flr+o+�~N°Z ❑ p Q 9 T.DOW Dr+a P-I } rk c�+rwnc+ kyr D LO"%c" /1Aska/{,latxJ�aC�+r�•uo"�mbwl Q 0I EQU F)!tom•TVL tt. ndd Fcur4 Loo Wien-N R «+cX lir�ta�1a�'" rrtrr C)Clot M Fvr:Ol VIW + YYtws T";&Yalu<t+rt�+e+Total Lomas-UST Q Fkwwl Kµm*aAdd 000es;!1,,1.W1 .!1'-, 7— of m T— -IoN GJ 41 N ,,J C/TING ��—177—r- 114 aT 4/E` A,crr 2 /rr� C/ o T /aN7t/6 c� > 11,2 YES u I nog � ry A/ gel ^/ rim Tl/O.cl 7� TlE� 2E-7vlzly&J ^' 41- Rs F` Cf f'/1 O�G f` GT�1l �TZCJN G✓� T GE Ste. st �� /TTS /-�GACi✓ /�� �AT�it.+C�✓,4�� o r' /t/Tu0/✓`� �A1� G/C, ' nt� �/.YS�GF i✓ i D tv � 2 5 7F ail ani ,c/T�•�i i�o.�-� 7—7V ,D D Da ❑D£ DL Do 0 ,�.Ds+• T— /L p vb. ❑w►mec� ❑),,Vcoy°"` ,h, q - Fz— I p ftop Y cx D ACS D W"L ❑KD. ❑ (. o�iZ s.,v-► 21.o..t orCAD-in D C-rvL orc 0008 �� ,�a�,y._ �,G��y�7 y�,�,��,}f y���}e 'lir c A �,�+`�.,`•. ...�.�,.,x;�. ,+..�.c7•� '�A lE>--�•'�O'p.WiL�'�`'.,`Y +�.4:�tr,�K�.T�!•a„ffii Y+'S+�s�!'�_:s�'.�i.�".'�'7�L��"_N� �:.'-t W.� �Yit`rtre,`j�s�—•,��'.:e�`+�`�I�.. Yew''��'rwrt,t7"ti?.., �?"-.lY:SfY�•�yi••,�sii""{ic3�t3` �.�+.e..r,�::`. �r.�rKyrs z JCA+f Co/w 1 cf+r/'1dcaw+".`a` ✓ ,. 2 z T T� /7 J Q LCI`' /" Z cow Orti4 polo*,' L Eovkrrs*Ma u Lac— a.lrzvogy�'�'«tz �ey�dtLtakslL4srwR�++rsr't 4to60t N%srt .S+rw NLATbw•�"� ^�D"wwwi r.L=avom "'"ird,R+co.�r"+d found.L.osl U040n.Iwn ti�wr+b+r.1 Qusn�tf• Furs,O1 Vwsc"c Fa E4u ++«+fi F!Raba.Tya s wr„srsTaksf%,VW'j&r c,w Taut La".LIST!1 FOL .O'er V4 ORDER:N C-*4'X Nous �7 C �r+O �F��tQ Flcxranafa 4000x:l 4i•c. 12 Rrovow'ss rropal,i tez- i ►�/sr++wrw*+ J�Gr v 0�0 7 A( t f J7`G A /Ji1 7"r /-j C r m Aolli T, j^/(/e 4^/ AI,4 m nal asst n � Sm ns) !int • n� n'11 r aQ ml G228 . Qap �` 21,4a RwIx+Q s CC Dtx DDE pt [Do CSR py D p yl- D ttar ow-I p Jw OC.-+K17,Dar/T0%*Oman p repo«I,ck p uC p k.a. p R.O. p*r+c L. Cy rt Y tMa Zo 4 S�OS� f-. 0 rso c.c•«+ p CR+MOL 0*- p r t row rsrd sa r�ra•+�+a SUPNC t*Y-0 m.suvK►�a n D.x j FOftAA V+., I/M - 0009 i♦",[� 1' i 1�- i� i�:i+�y�yy3 � .. � i-y`{ 3 qy.t]�,,.'��;y{,,S •4'.ri•. K. �3$�j1 j ={,�c' _ .',! �•�"�� j��"' "`�'�... '�{.. _ Y,..^Y' «+Q ..f..3" i V r �v.l N .�1{r.Lh!.�lL �.� ilj�74f /� •ih �L V,� o _ camE AmALYS:S SUPPLEMENT Box 391, Mar;fiodL Camomla 1. 13.Detail coca Z. /0(,17 q' «ony Owed. 4ArrsS2 Ocn, �,Wrn t4arris(L-F) &Address Location of Occurrence 7.Emoicy"No. -; 222- ZAI(_A/,4�-40 IC A-1 c-612, 7-7-,ir &ZhMAc-q MY- �N. op [:3 other Prints LEGHO Q Log Holster TRK0 Trucking comp" FIS C3 Paint Samples PfSWP ❑ Pistol Whipped TYS ❑❑ 'TV/Stereo Sales/Repair S.Simms of Gang PH ❑ Photos PURSE M Purse WITS ❑ Warehouse PJ ❑ Projectile/Casing RERPK ❑ Amer Pocket OTH n.Orw Ia.MEANS OF ATTACK RK n Fuspo Kit RIGHH ❑ Right Hand 5 10 Bottle ST M Semen PSACK ❑ Sack/aag 21.SUSPECT'S ACTIONS = to Club/Slick SP 0 Shoe Prints SHOTS ❑ Shots Fired APPFF ❑ Approach from Front Firearm SK 0 Sketches SHLHO p Shoulder Holster APPFR a Approach from Rear G? Handgun TT 0 Tire Castings WAIST ❑ Waistband ATEO R 0 Ate/Drank 14. 13 Knife TL 0 'Tool Marks . BLIND 0 BlindlNoe.-d Victim w is ClRCUMSTA Martial Arts Weapon VH 0 Vehicle R f7 Racial/AmNC:ES Wiious/Etrinic aOGAG ❑ Bound/Gagged P' Physical(Hands) WP M Weapon gCCVVF ❑ Covered Victim's Face FR, Rifle/Shotgun 19.ALARM DEFEC ❑ Defecated S D Shoes/Feet 11 METHOD OF ENTRY N S None DEMON ❑ Demanded money S 0 Threats A 0 Attempt A rl Activated OISAL ❑ Disabled Alarm W 0 Vehicle D 0 Bodily Force P r7 &Ypa,used DISPH ❑ Disabled Phone 0 o Other G 0 Soft Cutters/Saw D M Disabled DISPO ❑ Disabled Power E F-1 Common CoilinglWalf OtSR0 ❑ Disrobed Victim iI.PWOPERTY ATTACKED L [7 Cul 20.WHERE OCCURRED FIRED ❑ Fired Weapon ', *S;tG ❑ Agriculture C p Hid in Building APO ❑ Apartment/Condo FOLVM ❑ Fo4lowed Victim ASIT ❑ Antiques 0 ❑ Lockbox APT ❑ Auto/Tire Stores FVMTM ❑ Forced Victim to More AAtT ❑ An/Paintings 8 ❑ NSFE BNK ❑ Bank/Savings&Loan FDISR ❑ Fully Disrobed(SU30,-C- AWT ❑ Auto Paris F ❑ Pry BAR ❑ Bar/Lounga/Tsveni HBD ❑ Had Been Onniung SWC 0 Bicycles 1 0 Slim Jim/Coat Hanger CAB ❑ Cab/Taxi HITCH ❑ Hitchhiking BOT 0 Boats H 0 Struish/Brask/Purich CWA ❑ Car Wash IMPOT 0 impersonated Other ERLM M Building Materials K 0 Unlocked CHU ❑ church INJIN EEt- inflicted injury CAM 0 Cameras/Projectors CLN ❑ Cleaners JUMPC ❑ Jumped counter CLO 0 Clothing 14.POINT OF ENTRY CLO ❑ Clothing Store KLOCA p Knew Location of Casa C,RC 0 Credit/ATM Cares -Wlndow Entry COC ❑ Construction Company LCRET ❑ Lifted Cash Register 7-- (MUR 0 Currency WC 0 Crank COS ❑ C4>thstrucbon Site MADPR p Made Purchase 'WRC 0 Drugs WD M Louvered CON ❑ Convenience Store MTHRT Made Threat F.WR 0 Firearms WA.0 Nonmovable DPT ❑ Department Store MASTU ❑ Masturbsteoc FERN n Furniture WS M Sliding MDO ❑ Doctor/Dentist Office MOLES 0 Molested Victim AXPP 7 Household Appliances Door Entry ORG ❑ Drug Store MULTI 0 Muruole Suspect M0 0 Industrial Equipment DG 0 Double Swing DWY ❑ Driveway OCCUP Occupied Building .IIEW 17 Jewelry 01 M Garage(overhead) 2P DuNex/FourPlax oFvFO p offered Victim Food i D- UjO M Liquor DF ❑ Single Swing FFS ❑ Fast Food OFVRA Offered Victim Ride W M Livestock OH ❑ Sliding GAD ❑ Garage Detached OFVS ❑ Offered Victim Sex IMED 0 Medical Equipment DJ ED other GAS ❑ G83 Station ORALC ❑ Oral Copulation inv. RAS 0 Miscellaneous Other Err" GVr ❑ Government Facility POISR ❑ Partwify Disrobed A40T ❑ Motorcycles/Minibikes OP 1-1 Basement SMS 0 Grocery-Small Store PKLOT ❑ Parking Lot IMUS ❑ Musical Instruments OK 0 Floor MKT 0 Grocery-Suoerrmarket PRPEX ❑ Prepared Exit OFEE ❑ Office Equipment 00 F1 Ground Level HWY CD Highway/Sweet/Road PPPAG 0 Put Prop"in Bag PUR ❑ Purses/Wallets ON'0 On Promises HOS 0 Hospital RANS r Ransacked RAD ❑ Radio/Stertio, OL Q Roof HTO 0 Hotel/Motet Office RIPCL r7 Ripped Cl=ing COL 0 Rare Coins OR ❑ Upper Level HTR ❑ HoWlMots(Room SELEC 0 Selective in Loot `SLV 0 Silverware OM 0 Wall JEW ❑ Jewelry Store SMOKE 0 Smokw CPromises 'SPD 0 soomrig Goods 00 0 Unkricwn LAU CD Laundromat SXRM Suspect Armed 3VL [:] Television/VCRs UO [3 Liquor Store THRET ❑ Threatened Astshat-on 108 7' MAL 0 Mall TCONC 0 Took ConceAlabies 0 Tobacco Products 15.ENTRY LOCATION ,TOL n Tools, F ❑ Front MFG 0,Manufacturing Firm TDRUG ❑ Took Drugist'Narcou= VEM C:) Vehicles(except motorcycles) R Q Riser -MAR ❑ Manna/Dock/Water1ront TSTTV Q Took TV/Stereo Orr. S ❑ Side MOV ❑ Movie/playhouse, TVMCL ❑ Took Victim's Clothes IZ PHYSICAL EVIDENCE 0 ❑ Other SKS 0 Office Suppty/Book/SuitJionery UID Q Under influence Druct AC 0 Accelerants OIL 0 OR Company . UNOCC ❑ Unoccupied duild,n; AL 0 Alcohol 16.NUMBER SUSPECTS WL' PPK 0 Park/Playground ODORS 0 Unusual Odom 81. 0 Blood LOT CD Parking Lot UDEMN 0 Used Demand Note CL n Clothing 17.HOW WEAPON WAS USED PAL 0 Railroad ULODR ❑ Used Lookout DC 0 Documents COATP 0 coal Pocket RAP 0 Rapid Transit/BART MATCH ❑ Used Matches OR 0 Drugs COVER ❑ Covered RES L4- Residential House USVEH Q Us-ad Stolen Venice FP 0 FirX?erprmts PROPK ❑ Front Pocket FIST M Restaurant UVNAM 0 Used Victm's Name GL ❑ Glass Fragments PANPK 0 Hand in Pocket SAL 0 Savage/Wrecking Yard UVTOO ❑ Usad Victim's Toots KA ❑ Hair HIPHO 0 Hip Holster SCH ❑ school VANDL ❑ Vandalized MS ❑ mud/soil LEF78 CD Left Hand SPT ❑ Sporting Goods Store VEHNO 0 Vehicle Needed Distribution 21 Additionai Routing OB nC ODA, nDE OL 00 OSR OV Of—gs-n oVice ONarcoucs OJuv F Deputy(Pring 25,0" Ti�n,e written 2&0A=os.;Dr_­ )Coroner 24. OF'rOP"-Ck. MACS Olmell. r-JR.O. MSHC =, C OPatrol Captain OComptOle OMarine Patrol 27.Approving SuOv.(Pnnv287Supv.,No. 29.Date 30.Page 0 Other IFORM-C (Rev.2/89) 0010 L Dir L S"be n i L canto.. c «PI D CAW Or*- PI�a �•ro jj /lac- Amro++ ��SO..-� W� t i�tobr lkxr+GK.SKul N`xT'G+t•LIWCOI IRs6o.T1n. Oo''a' �Fay" L-4 — .xac 114 Jew G Gow,InG Furl D1IN FOU04YL"4 Y+n'dwc E�OAu yy�vr�Taken L'al us t,cy,d TOW,Low LIST �,,.nrs:f4 rhe d000c 0 Lime- L R.00.sr+4 rroo+r�f= 11 PX7. Ch's D� S L��• / r1I c� eT _ 71 >n >h ;tq ' t1T R� tiln ns1 r� • fel i ,r aq ml t�1 ¢s1 a4 est 1s.Aoo�+a��o'�4fQ c pyR ;[30A ODE ❑ 17.D m T r,+.w�■+^!, ' -. vro. Q Kwwocs ED J,,, D c¢O"" �►w,o pus Q 1 WL p ko. Q t»c a"�°�`� (_ �No, r a. � Qoww _ 0011 �..■ e,...vssti -- .ii'7f ,�. ,1.yr .n t~.*+ti". .b+K!;�a`si�56`tS �.i'i•'�w"�`! 1 { ,"," 1'A �4; Wc. �fr;{ti .•r-i'R7J`,+"`:..'7.a17� .* '-L.`'!�'a�:=".: Sarver1 f.oswn 1 C-61 +saran L ❑ DR,+n i�Y Gaw L Fjr4601"POIL do _ 7.par Orig•Phop-t F.LO t��Q ucx►►Wrr 0.-F.�Q I�Oers�s/LAC— • �L.Lad+L��'t�•S�+al Nvrt+�.LllsCs�+n�•t OMcrtpecrt Lxstwn t.Ro0�0crz prw+dlWt�/WnlbCts+c� y�rdK Q O�c+60� 'L fl patio.TYL sc: Mca�sd Fow+d.L of SaoLa+•Mrr*µ�ir�t. C; AreirSt.Qusn*A• NouC p ��rY F ai L ToW Lz"- MT 14 FOL1Pti' �M'y�ar+c)< _ q Tnrr:►4 Mia K'dd Good:l Z .+ lL�v� K'�' "Prop" 11 Nauss /srawrs+K+�s ftl n n t) _ 0 LN m p LJ$ lrc50i t�01 nm n sl tn1 0111 R!1 Qbi • all Q21 Q�1 MS) 11 'M p.rawueon V t L f ❑s p ODA ODE ❑L ❑C ❑_" 0 17 Dam/Twm r+,�, 0J,r Qc 7co p`'.`..�`.«t ❑�« p M..+� p>�o. p s>•+c ta."`°°`.,�o.v�r S�za n,- 0 a� ,=s �in D owr+ o+- ❑ IL s t*TM,o ❑°�"` 0012 :.sem. ^vee•. i'..},S,d.::Yiti`�1:h&�".,r'S:.i. tirk+?t � "�r.�..�%C3,..� .ti._� s.ra. i �<r._ _ `. .3 'cs.l�<: 'cam-.r"�a�`�'�'i�•r_'_ .T w, r t' a � :.it � ♦ fii Ri J.N�N T %•''t;/♦�.��''�'. ��..�� ? �� iyTf.�+T':-�'---:T 0C4X dnuaoon 'Q. Box 391. Ntarbnez W supplemental <.Deuit 1 S.R*aasa.- Z.City Cone �3a C"fne!Cu sits'cawn 2 Uc.wx S_ !0 6t^1t`1 7. to Ong.Rssrort M Name(L F.M) )C.SUw6crs Name 4.Adores t t.ocst+on 01 Oavrrence 19.properly pesc»pnan: D}vM+de�E)Office Equipment:F)Rad-o.TV%.etc: best e,Quantny.&'and/Make/Manutacl>,xer's Madel Number.S+riat Nun>karr. Impounded.Recovered.Found.Lost.Stolen-hem NumMiscettaneaus port °°r' Where Taken.Value.include Tout Loss-UST IN FOLLCWANG ORDER:A)CunencY.NWe�8)}evreitY C1 Csamtng Furs: G)Firearms:H)Household G000s:0 Misc zZ Recovered Prooerry S 13.Narranre/Statenvertu t} � 5. /y1-� 04 j('� �+W�� m � ZZ Z.- i-Z( �LSorJ CJ i 1X� A � m �• l J 1-14-7--Z ( — N -res A GSL (6l �,I 25 r.1�Ls3 M -TRl;;-� (a) fat 'P" u� L -TT� D>Cxo o t rrn 0271 ttz (131 tG a 115) (` ¢ (r 1 A (16) (20) 1G' T s-�C� , kcc3t �S DI�CT� m) rZ2) (231 R<1 t (25) t5 kddioonat Rounng 14.Distnbw&on ,..p B',,�c: p DA p DE [DL p D DSR. [�"'� / i21!� ya^� Vlca pNarcotics 0Juv —1� (Pani) 17. to Tine Wrtnen - t�,Q Z ( O J 1 ki•r ot�erty Gk AGS p Imell. p R O. '. SHC 1 !I'r !' f T7 t atrol Capnm p Comol.Ofe p Marine Petrvt_- 14. 29.Supe.Na. 21.Dare Vw FORME (Rev.1/89) - 001.E ''+Ci..`x::�:,t.++:.�h,i'+^++,a`..�'.t:c5.i6:�[,�"a�.a4'ft,�:+k.�...?'l`�,l'.;..� a. . i + `�+�t'�`, �i���'j'��...:�;�..u.•t.,G.,� � � ,,, z... sL•€r �...•�`l.�r�_4`��.4.t=•tt '?� -saaet-v+> ��./ye�_m t`_.'��.1'sY�'�`.i1'�'�"�...�'"�k��t?�'"*�'�. Box 391; mmttnez ppiemental s 2, 5 Rec�ass.- 2,.�,r 1 CnTM/Csa++lhcahon 2- 7.DAM Ong.Report 6 EmD+o7M No. tpmasme(L F.M) - 10.suspects Name(L F.M) �Amore /-txaoo^of Occurtence h DesenPbOn: /Maks/ManutachKw's Model Number.Serial Number.Mleoallaneats DewipeorL L1�cation 9t.8npowl Vehicles;E)Offce EoulPrnent F)Radio.TVI etc: pmpp�ped.Recovered.Found.Lost Stden-Item Number.NG ORDER:A CurtencY.��B)Jey+eln:�ao�or'4'Furs:D) ..�IyrtseraTaken.Value.InUuoe Total Loss•LIST IN FOLLOV+� G)Fpa mw H)Household Goons:0 Mise W Sat.Recowed Property s 11.Nartao Suternents _ 1 t3Y1 5 1`,,t -� two S fia -ra s J E ,,,0 o 0 Dac.J � Gauc. c N 071 r nit i -------------- It's) �( aw nit � A i u P71 to nst i n91 L2o1 �o o L 1223' 1231 2 n41 1`251 ` T\ Rouan9 _ D,sv,oulan pB 0 E)DA CD DE CDL pD pSR aV p 17.D to/ Wrrla" �e Disx �,lnvesaaaDon [:)Vice ❑Nareoties ❑Juv �onOr �6 R (�Qv O Property C>- p Acs p Ime1L p Ro. p sr+c ` o CD Manne Patrol 20 SuP4 No. 21.Date 22-Paa Patrol Captain p Comol.Otc. 19.Aop, -g Su-(FIAM) �;Otner 1'J 0014 POWA 13 - (Rcry.1/89) .-ir��..«�_'..r_ .' - _rM.=�_�d._.12.'.F:w�t�`S`-Xaa.ilk«idt�i�.�!: .�N3�2�r�l�2Yl=K1...'�1.1�';ti t.4.c��i,..e1YT..1��'i���l�.z-.>`�i~�:��Sa:'.I..c_ 1 2�'vtt�3-��•tSRis �tf. Raaas&- (j Suop�efTe'ttal ..D.ou,. `3,Cn�p+Vs/_1Ciaaan+caoon 7- 0 ncs loan N& + 2.Cny Coo° ( tai,/ 1 1.DR N (f - D 7.D+ra Ono.Rsoort 6.EmWoyee No. m Name(L.F.M) 10.$usPecf s Narme(L.F.M) LW a wn of Occurrence pescrPeon: /Maks/MamufacCrrer's Model Number.Serial Number.Miseduneous ATL LoGaUon ,,.PropertY Revn Number.Arbda.Ousntity.Brand Radio.TVL etc: Impounded.Rtseo~ed.Found,Lost Stu+en- NdeC B)Je++elrY C)dealing.Furs:D)VehicteC E)Office Equiprt�ertt Fl Where Taken Vsiue,indu6s Tota'Loss.LIST IN FO LLCl�ING ORDER A)Curer+cY• G)Rmsrrru;K Kousenoid Goods:Q Misr- n ,2.Recovered Property S 13.Narranve!SutsrnentsO If 1 f J ��•� �- �?� (3) f4� n AX, -/� T '::;7- o¢.S a Z (6) PJ ,� v l L J✓ -T u (7) (6) G OfAlto Q ( L� rG (,Ol � �+lf�c c,(.�s� , L t - 2� o L ; t (131 (1d) "CCZ J17) iC-�I-ti cJ� c�. no . g. (191 tJJvAJC � ,aJs i (201 CSA S ( . (z,) aco. !lo' Joh �� rt R51 v 15.Ad6ihonai Routing 14.Diswbuuon SR. [DV V OB QC 0 o DDE DL Q° D D i�4ation D Vim D Narmtics Q Juv Q Coroner V.D ! me men , Dc -_ (Print) Property Cts Q ACS Q ImdL D R.O- ❑SHC r1g. (S (�Patrd Captain ❑CorrrpL OfeD Marine Patro' {/ 20.Supv.No. 2,.Date22^nc� Approv+ng SYS 0 -e— Qr7 Other 0.015 FORM B (Rev.1/89) _ - yam. z a.t: �` .�.• 9 .. � i a ti. i �� }r � s. .'v� yC`gF'��t.� .e��.?�r.a�.: ^i0s �it8'sit`.4uiaali'3aJ�[`?s�'t`:�''-�[Fdo�•'�f-++Z�..aa4:1'�f.�,..r�1`1+.3'r'`,.•�'�..�'t....�:�%.1�, �j ,,1:•�i=+�...:�'�.7,�5'�,"L7Fl'...o�'fLsS�'�-:f` v*'.�a����y. Box 391, Martinez s;aulcxnfn ,7 L J r,nv LAN anR �Supplemental — A.Detail 1 tf s.P.".,D(o 1 9 I — ` I Z G' Ctrsoon Z eawn G+v T.Oar Ong.Rpon 6.Emp"-we No. ❑ )wcam Name(L.F.M) 10.SuaaecSs Name(L-F.K p.AWress/Locution of Occurrence 11.Ptopeny pescnpaon: tfopounoed.Recovered Found.Lost Sto+en-nem Number.AroGa.Quantity.Brand/ mKB) =7 C)a "nuFurs:D)Vehicles:Q Office Eouipment F]�da N�ec` ~a Taken.Value.Inaluoe Total Loss-LIST IN FOLLOWING ORDER:A)C„rrerncx (,'jFirearms:H)Household GOOft f)Misc. 12 Recovered Property S 13.Nanagve! �n�� {CTCV tr fJ TD 'L Tc� - � - t3) �- (a) (,J 4�•L t..C' �r rico S� c/�� � ��-� �-G D FFc r J-AJC "T (6) ✓�1�� 61L) m (�•�4-Et lam' � � o 1�T Co to t A G�Ct ,L -'n rJ'fl 7 FSA 82vt�� �� � TGA•-�s vrr� :) It:> :LL A t -rrf PAS-(c��c� L01— o F 1c�Ls 0 r"& . 1 ' n o", bi p• �v U►A4 m) (22) f23) R<i (2S) 1L.Disviouaon 15.Additional Routing -QB ❑C ❑OA CDDE ❑L ❑O ❑SR ❑V Q Investigation 0 Vice CDNarcoucs 0Juv [:]Coroner 17, to Ti M ❑Property Ck. p Acs p Inleil- p R.O. [DSHC 16. (Print) I7Da M Pawl Caprin CDComoL Ofc. ❑1-tarins Pivol 20.Suva.No. 21.Date I��oa;.. 2,9.Apprw-g Sup' Pn U ❑�� FORM B (Rev-1/891 _ 0016 - - - . .7. _.... .. ._�.�i�..t i-:t _ . �_. r: ._ r+� _ +..._. .._.. -.. -.:�s�i�i_:. ...•_--�s%3 'S _��sts..��[4 ._ ��-:.�-.a.....�t,i��A._a.�:.r." :eC�:'it��.��7.�L:l.:f[:;:.. Box 391. MsrLneZ Arm c.IDOL", 5a z.crt, Crura/c,ror+ 5-10679 Cen ADW/False Irmr-i sonm�4-20�-9;5 - A. E,raa,r••►+�. - ' !pax /Tema d Ocearrw%m 7.G - 20-95 ^TI1 Amerson way, Martinez , �N sus LEAD On., n. rte VtC WIT sAfP tl.Race/i++/ u.DO* Si On.er Ucsr+w No. ,2.Aire IL So t. ao T-t 6 coo+) 17.r+orr+.►++ory ,t.MOW" 94553 r ) 1000 War St. Martinez 19.M,or=Pi`1404 tl.Eff%Irod by trr Scl-I ( ) a c f Of 'i CP 2S.Loc+aJ S+cvny No. 20.!ou n.E1+s I 22.HL 21.Yyt 2c.AAA!IrtaAo*n kmIw 27.iooar+q tx Gne No. 26.Fum,@r Dtrscnpoc m(SrirL Tanco=,wnrw"JrA.Cxrtnrn4.Ett.) V1C WIT RUN l.:SUS C LEAD 28 PW Qr*�sr 30.Rau/Sol/Age It DOB 32 Ltcarw No. 29 Man+.(L.F.u) Deputy Mike Costa ^32828 TQ n ? ,,- r�' a 94553 sa Y+brt Phor+s 'S Esnpto,*0.8y a ScmcciI ) Contra Costa County Sheriff' s Office rrottry sK�M 37.Mao .U.Ey*s 139.ML Aa w1 tl.AAA/t &O"Nacre AA.iooalnq a Car Hc- 43 Fvrvwt Oq-a►=rpbon(scar&.Tanco=.Wo"wrxtni Csotnrnp.Et;,) c5 PRI ❑ViC yyR --MD-IMA RUN SUS LEAD Crr*+rr 47.Rata/S.=/Aqe L3.DOB l9.DrrvK LrCtrrlfa NO. a6 .farr+e(L.F.1.t) T,.T,i, Mi X36070 Qta coon) $1.wxr.rr,or. "°arra . 94553 I 1980 Muir Rd. , Martinez I t3 MvOrk PT+ont :2.Empto,-m4 8) or Scr%oa f 1 .. ; -r-;. (' cra County Sheriff' s Office I socw s.ov-rr is hb.r 15S.Eras 156.ML sl.VVt St.AKA/Ilararn karr+a tt boae+q or cue NC 67 Fwmr+rr Tvnoa=.V4nrWrwri Cxswsg.Est-) K.'raar M Wtce 66.►AOa+t 67.boy Sryss V Co+or Top 52 ,sen/via I i3.LrC.No (S-we) I bsOrn U S 0 v� 71.R.O.AOOrtets is Stat+ts 70.P49II-Sw d O-re* p Lafs 7a.who h04"I rnown0 77.To-v<w or Aa+essrc to 1wtrc St :c Enc. Dyes 17S.F IP LJYES 17t.D.apo of Ev+o.++ca T7.S AA"-42 1 l tiro No 7; 111 5yroosa d rx.roirmt , - �) Suoolemental report concerns the follow--;Up investigation into an of Involved shoot-n< 101 ; ' "c Deputy Baeta shot and killed suspect Anthony Hornber er during a SWAT callout. of v ` 7 aJ Dxnwutton pn DL Da ODE ❑L Do O&A OV C r..r OX on O V.etr p Narco+ca O.Am ❑Coror+e* iZ R.ponr+v D.atry c*rno - rM crop"Ck OA= 0~1.1. ORO. p s„c S t. John 1 A u ►} D Pauef Cip-irk p CorroL Oct. ❑me W rstiof r<s Acor�'ry ~ K s.p• Na. 17.Oax - r' 0017 -77777777 .w...c- ... .� � He.._.. ,t... ,.rs� i � :1•..�....,v......�rr .1_.nr:i> 1�.�..x�:ts+-ti..�1��....�:�.`..i�iS�u,L rS�.T...L�:'�.Y.�e�YF.'�ti'fCs.«s'Sii: ,.. t1 •'� ",ar��-;- - _ - S.:rdsrE"i�.pax•`r. .;'ei-�s�.J't`.t�.it4.��r-� L_pF PW r% P.O. BOX 321, Martinez. California 9.4SS��:'ZS39 — 0 1-OR Ne 2.C.*y C400 1 crvr'*)C**wk'U" _747 7�r 05-10679 Cen ADW/False Imorisonment 2 236 LAI-— /Der/T*,n*cw OCtartyray - .merseNo, -20-95 95 lzn 7?1; alaAn7j 'Mr-s ecd)no-Aw a�Y, Martinez at ria v1C Ws7 [D Usp, AUN sU5 LEAD _ - Mur T;1jy, I bna Lorraine w SO4 sLA4*rw" t 14210 Ri6q ad Clearlake CA 95422 (707 ) 994-6622 '51L Eff-.pLor"if of school Lake County Senior Transit rOY263-3300 .1.WL 24.AAA Ma~Name 21.SOCIW 27,booxwV or Gee No. 123 Pa V)C DWIT D MSP LJ ftjN LEAD 29 wrnt CL F.W) t7.^be* $at I Ape131-O'�`a U.DMvw LXCAM"P*--. -Murn*hy. 7�mothv P,--VM nd W M 52 t3_30-/,'� J0795276 3:1.A4dreat Coot) sc. PMine 14210 Ridge Road, Clearlake CA 9542T_S '707 35 E-P"*d D,or v*oi ) 1 0 94-6622 x MNa Pr4ev 1p-gg-Part Time Instructor (707 ) 995-7900 7.ft 3ao U.Eyes 1 32.HL 40.VYt t1.AKA Ma4on Namo 4'.Li?Csal L+Currt7 NC. 43 Farther O"cirpu-(S_.arz.Tsrtco&.&A&mt_,WMR%LGbtftr1g.Et:4 bocAing or C.-W No. Vic: W1T MSP (D RUN SUS LEAD .6 Nar"cL.F.u) 47.Race rwex 1 I ' 0 4S Nel- "T Bennett, Pamela Miranda W F p_10_�)6 1 42_14,rr4'2117 •a«es: 4ZID C-000)% e1..no"pr%orw X06 1aciT�tn '-'-SDUrZ 432-7110 &a. lb"Or 'Wai tress-Baker`s- Sauare Rest. work " Concord 6891-01365 x, ' Zo ML 57.WL U.AXA/Majo*n Nam* sr:%Xrr 0.0 6D FW1ntr Dist r`ouon CS`.Ar&-TvnOcm.LotanetwoXmL C409wug.EIQJ 61 &OC&Mg Of CA*He 52 6A.Year &S make &3 C44or Top 7Q.A09ttwed O. 71.R.O.Awoor*u L3 Litt 13*"Oovf%d 72.T—*d to or Pm sa&ro W "I lsfc�*'d - -1 72. k • E-0. 17 Y M D-opo oi E%-.**^4= 77.S JAx3.V71,1 04M694.0 (21 r3l eat (6. Ca CDC C304 CIDE [;LCO C&A OV * C'"'"90— Mv" Cmw=vea Cjw Ccov92.AMPOMWV Deowtr jpT-MQ S3 004& To"it VA zwv 0'--IYCIL CA= CpLO. rSj.IC Sizt. jpft i� - Op"'O""- MC—PLOte. Owal *Pau &XPV tft'no S44W No. 97.Dow P.O. BOX 321, MjLrtjn'ez California 9645$1=.::i39 S"PP.0"Ormf cw P__ Data. .Z4.Da Mot* F * 05-1(679 , ADW/Fa 1 s e Irrrori s onnen t - t Oe .r Oak*I T.,no of Occ4^Tw%Cg 7.Dow I TNT"^4pamw me No. 1 4-20-95 4-20-95 Pto ^nf Ar �ersoonc�Way,"Martinez CD 1;1.7- [D VMT ED wsp' RUN C)$us [D LEAD s Cnrw, 12.karne 64 13.RacerS" Ago 14,CK)4 0--W Lcwn"No. Donald. John Edward w M 40 6-30-54 � E0801388 "" ^n 12-" $6.Ado*u gap I 17,trore+e 4 - 330 Gilgl- St. , Martinez 945'53 . "728-8290 it.E­;kAor"joy-&0-04 it.wart P7www Mitts Termite Control, Albanv CA ) 525-2202 22."air 21.Ey" -[2.2 ML 21 W1 24.AKA I 14a4oA haerw 25*Sociai &OcLgny Na. 26.Furzwr Oescripaan Mcam.Tanoct."ar-rwams.C4ouvmg.Etc4 27.SocwwV or DPIFu CD vc E)WIT CD MSP CD RUN sus LEAD 21 Narr,4(L.F.AA) No., Mindrun, .Kenneth Stenhen w Z42 :2-31_53 1 NS187594 33.A44rass a* ZLPI 2 2,ad.., - 11 ,z Dr. , Marllpz 94553 35 EmP4oy*d by cw scr*01 PM0^0 Reverand-Morello Ave. Baptist Church, 68 Morello Ave. , Martinez 1228-4284 37.ha.r 1 39.EYV* I U.ML 1 40.WI I At.AJKA/W&x**n Na" A-2.Soc, f4cwry No, 43 Furthos 4S"rt,Tanoo&.ww%ewwrtt.Ciocrun;.,Etc4 41.boc-lung or C40 No. 45 ......... - OvIc C3 V"T CD MSP RUN SUS Ej LEAD Ose a. 46 NSft"(L.F.IA) 47.Pact Set/AQ*- ".008 Aft-w L.�J.DrNo, 0-ble, (:h-_-v1 X65831 1 1 A4cx*'Z4 aLD 1000 Ward St. , Martinez 94553 -2.E""W."w S, or&4f.004 moueL Sheriff's Aide-Contra Costa County Sheriff's Office ye kaff SS.Ey" HL SJ.VVI Si.AXA t&"to"Nan* W socw so-cu'vy No 60 Fvrtrwf OOZWVAAWn CScArt.Tarnom.W4nrwwt&nU.Ckovw-.g.Et_-j $I bom-nq or CA*No 62 Vfft I yet 0.Lac.No (Saaw) K.Year 6S "Oke 66.M0091 67.boor P�'c V Color To* Sri Stst.,s 70.)s bvu" Pa"Wed Owner 71.PLO.1.0 a" LSI Let D k-Pound 77-'Towed w or Awgis*0 10 73.Who hGA"7 slew rd I EvvcL C)Yes 7S.FIP E)Yes 16 Duoo at I voomc* 77.1 Mot" 7S.100^69*0 DND I _0 No 7; &.61 synoosat cd*%cagonl 121 ttl NI f6. 0019 00ok Doe [;L r3O [3VA IDV D V-C* r3 harcmcs 0 jw ID c4rcew SL A-0-V DOP-7 fft-mg 93 Derr To"*hexonr [DACS OW%Wl. C]Ito. S - JQhn Q21'Z -r_P 0 PI-c'cAg- 0 COMO-01c. D Merv*rob is Apwv"&.*v fftsmo K SQPW No. &I.Dar as ►sqa 0- 3 ,,,M+,s Car++.c�sn T • �''1•--r�.� s.ix was. Z Grt Grp 1 2 !3p 95-10679 - Cen A. 0000 '. ro HORNBERGIIZ, Brigitte =4T/lc�ll 5 i , taonrson Wavof tyccvrrence HORNBERGERrAnthonv s �2 A Ge , Martinez 11 �.,.a„,,r,}C.s+r�+. ►ti,*�L+r•,vwolc•ro•.s Qravwon. .1Gr�yrrt�Fr.n+d.Lor t+a+r.ar*.7_,m*+l.r•.arsr�t Ouan++t dry,�'wxs'w^aVc+�r«'t4tool►���ps•.ira' 7.+cxro Ox7y.rr.l4e'.t.►+t�•,+e+=w'tors •tST !I FD;S.�'+'v+C+ �£1't N COT«+cy.vacs,[;HwOrr.C7 Ot+�+^9 Fes•Cr N►^'��`�}C�cx (is,si+�+f�t t}A&" T1ra R:_ II:oof Gere+ a we on 4/20/95 , at approximately 12 : 55 a.m. , I received a phone call at home from Sheriff' s Detective Sergeant Jerry Knutson. Knutson told me that he had been contacted by S .O. Radio and advised that an officer-involved shooting had taken place in the unincorporated area of Martinez . Knutson told me that the information that he had at that time was that the Sheriff ' s Office SWAT Team had responded on a call of a barricaded armed S and that one of the SWAT Officers had subsequently shot the S. The S had been transported to the hospital and was not expected to live. Knutson requested that I respond to the Field Operations Building in Martinez and meet with him and other investigators from the Sheriff ' s office and from the District Attorney' s Office, While enroute to the Field Operations .Building, I decided to .go to the location of the shooting so that i could determine if a consent to search or a search warrant would be necessary to enter, inspect, and process the scene. I asked S .O. Radio for the location of the shooting. They advised me that it had taken place at 222 Anderson Way in Martinez, with a cross street of Arthur Road. I subsequently went to the address on Anderson Way prior to going to the Field operations Building. At the residence on Anderson, I contacted Sheriff ' s Office Patrol Sergeant John Fulwider. Fulwider and other Patrol personnel had remained on scene after the SWAT Team had returned to the Field Operations Building so that scene security could be maintained. I asked Fulwider if he could give me any information as to what had taken place. Fulwider told me that the Sheriff' s Office Patrol personnel had initially responded on a call of some type of a domestic disturbance and that the call had escalated into a barricaded armed S , who had been holding his two-year-old daughter as a hostage. Fulwider further told me that the information they had received was that the Me DC ISD► DC* OL Do Db" DY DOW— p...,r c...•� Dc+••+ ar 'n PON Sergeant John Celestre � ,,,,,,�.,,s.,+►, �,�, xo ate. +•o n.c.x #�= 0020 •'r:r^'_,.1,es-�.i'z.;. T:r.�:�x fes:..n......r ..._'.4�: :."_.:!v :.+:�s?•:'7i5..:�'`'•:,✓ .._r"pry`;'.:iv_1:•x"...�.«��roti.�r�w!:eb/:.,.3!?ie�'.rs'�..s,'•+.n•.`ti..:�'`1d•�"__..u1•_•"n4 '."�y+F"�..,b. ---------- I C.&Y coo" 2 23t MD. 95-106791 I Cen A hQ �Z 7,:�&a or4 ^Mow ka HORNBERGER, Bri ggri t-t e L110 c; ce r IMM� r. 6 a Poe I ftwM C_F.IA) tion of -D--ctyrreme BOMBERGER Anthony Touils .Mrho _^T%2'I��derson Way Martinez A ------ 2 kv.-We T**Ar.WA' pck4o Tau,Low -LJ61 V4 oA,)jk A4 Compf,41 N_&L L-)Do~* Fbo%.C, ry, Mac S was possibly under the influence of drugs at the time of the initial call . Fulwider said that the SWAT Team had been subsequently called out and that one of the SWAT Officers had shot the S , and the S had been pronounced dead at the hospital . The residence at 222 Anderson Way appeared to be a one-story, single-family dwelling. There was an elevated porch at the front of the residence. Fulwider told me that the information he had was that the S had been standing on the front torch at the time that he had been shot. • I asked Fulwider if the S lived in the residence at 2.22 Anderson. Fulwider told -me that the information he had was the S lived at the house, along with his wife and several children. I asked Fulwider if he had any idea where the S ' s wife was a-:L- that time. Fulwider said that the wife was in the house of a nearby neighbor on Anderson Way. Fulwider then took me to 232 Anderson Way and at that location, we contacted Brigitte Lee Hornberger, the S ' s wife. I introduced myself to Brigitte and advised her that I was going to be one of the investigators handling the case. I -asked her if she could give me some preliminary information concerning what had taken place and how the entire incident- had started. Brigitte told me that her husband, Tony, had been under the influence.. of methamphetamine (she referred to it as crank) for the past two to three days. Brigitte said that the previous night,. Tony had started accusing her of molesting their two-and-a-half-year-old daughter, Jessica, or allowing other people to molest Jessica. ZrIcTitte said that a verbal and then physical confrontation had taken place between her and Tony and that Tony at various times had brandished a shotgun or rifle at her. Brigitte said that she eventually contacted the , Sheriff ' s Office and requested that the Sheriff ' s Office respond to the residence on Anderson. She said that when t*he Sheriffs responded that Tony had been inside the residence with their daughter, U ChA 0C* DL 8A DY j— 0 C*­ roamc IC ANOW-P%@ %7.Car" P OMOVAM 0 CAMP* CW- D MM V Pon Sergeant John Cel estre r OP to in.Don 0421 9=5—F1 0 6 71 &Cabo- T,Caw CW4 ^00- X0, 05-10679 Cen HORNBERGER, Brigitte 4/19/95 , Ic U.' tion of t>_-curreme Ic UAOnR *ft on __'1_22�/ dirtsloonn �Wc>afxlo, Martinez, CA HO ERGER, Anth2p:� fi . Vr,ws To-a.W-4.ft*A%IOU'Lcm -L=IN F0">*%0't0 0*->EPL A4"nW4V Aw&au -ir-@Orr'C)CL04'r0 F.-L.0,v+' ooL E)0"-os a; K i4- ' 000as h wat Jessica, and one or more guns and had refused to come out. Brigitte said that eventually, one of the Sheriff' s Officers had shot Tony, although she did not have any details as to how the actual shooting had taken place, and she had not witnessed the shooting. Brigitte gave me some basic information on Tony. She said that Tony was a self-employed plumber and ran his plumbing business , Fast Flow Plumbing, from the residence on Anderson Way. She said that Tony had an ongoing problem with substance abuse and was a .regular user of methamphetamine. I asked Brigitte what guns Tony had in the residence.- She said that to the best of her knowledge, he had a rifle or shotgun in the residence, and she also believed that he had a handgun of some sort, possibly a "Magnum" . T asked Brigitte what family members stayed in the residence on Anderson Way. She said that in addition to her and Tony, her eleven-year-old son from a previous evious marriage, Justin Elrod, lived at the residence. Brigitte said that Justin had been staying with his grandparents in Murphys for the past iseveral days and had not been present at the initial domestic disturbance or the subsequent shooting. Brigitte said that she and Tony had two daughters from their marriage, Jessica, age two and a half, and Jolene, age *ten months . Brigitte said that Jessica had been inside the residence with Tony at the line of the confrontation and L shooting and that Jolene had been with her at the neighbor' s residence at the time of the shooting. I explained to Brigitte that it would be necessary for members of the Sheriff ' s Office, both investigators and criminalists, and for members of the District Attorney ' s Office to go into their residence at 222 to view the scene and to process and collect evidence. I advised Brigitte that I would like her to sign a consent to search form, explaining to her that she did not have to, but that it wt LArra enU Awomewe i nq .]--)I 1_-)r. C)DA C)DE r-)L C)O C30A My C)A0V C)CMPWW 'OL AMP*eWV DW-1 form 11.Cr" I Taw "POP u C Pw Ono- C)odw� ofSergeant John Celestre pn� 0022 t.0^++o. 2 Gey G+« *.r'CirFr*crb., 97-10679 Cen ' c voma•• IL yo HORNBIIiGE Brigitte 4/19/95 r CIL V 0"o Mn 1 - _ r t i on of Uccu�:rerr.e 'gy p`�`g� f uothonv G GG2 1inderson Way, Martinez Q ir",WX#,L" +�'b+rr't uoew+k,�++,dr•.f+^v'N«s+tiCA•.Nst+sl�vcrx Grsvw,o..txrc- vvIr#Tvt.WA.nct,o+Tau'40. •I.CCT►;f O:L^ +G trL?E1:NC. �r� nr+c y.NO— a*, Q Oo+v^4 f w-a.D, .4++.tMa L}O Lw+w*+�t!}A.a-o Tb Q;t nr- a K*+�a r eus aoa.ere A we u + h "l would facilitate our efforts to conduct the investigation. Brigitte subsequently read and signed a consent to search form for the residence at 222 Anderson Way. See attached copy. I asked Brigitte if she was going to be staying at the residence at 232 Anderson at that time. Brigitte told me that her plans were to remain there for the rest of the evening. I told Brigitte that either myself or other investigators from the Sheriff ' s Office would need to speak to her at length concerning the shooting and what had taken place prior to the shooting and that members of the District Attorney ' s Office would also be present. I gave Brigitte one of my business cards and advised her that myself or another investigator would be contacting her within the next several hours and requested that she remain at the residence at -232 so that we would know where to contact her. I then left Anderson Way and went to the Field Operations Building. At the Field Operations Building, I met with Sergeants Knutson, Weckel , and Ingersoll, along with other investigators from the Sheriff' s Office. Also at the Field Operations Building when I arrived were Captain John Gackowski and Lieutenant Tom Coggan of the Sheriff ' s Office Patrol Division. Captain Gackowski advised us that the SWAT Officer that had shot S Hornberger was Deputy Mike Baeta. Captain Gackowski- told us that the SWAT Team' s intention had been to shoot Hornberger with what is commonly referred to as a beanbag round if the opportunity presented ; i`tself. The intention had been to disable Hornberger with a beanbag round and then take him into custody. I knew from past training and experience that what is referred to as a beanbag round is a specialty round that can be used in shotguns . It incorporates a bag or pouch of shot or other heavy material and is fired at a relatively low velocity. The purpose of the round is to knock down or stun a S tic pww,4aaw,, �' �C DL Do 0 V0 D...amp b" p rr,.. 0 ED j'.. D 0.,+w ,a or. ,Two CP,_W aL CAM D..W, D Ro D we x rr.m a..,�, + Z)P-- om . C)CAN* CW- *"'' Sergeant John Celestre M A00 smog ,6%0- t,.r+t, 29 i„w ►.0 1 t.Or w S� «cy.ft+s *...1 n+) f 0023 b 95-10679 Cen A. ""°"" HORNBERGER, Brigitte- 4/19195 I�tion of bccurreT�ce x RNBER &HAM `"~'rGEAnthony rR_f h � Louis -*r22Anaerson Wav, Martinez A HO , F�+e F'M%a.ix ff.'s+.^•a..:.wi*'i+.•.A CJI.Ow&Ally Ir"?ws.'WA�,JS.c3r�r l ups.+M F.n D,w•cia C)Ona fi&VW- mt.n A..0.0 rV ar_ M r�T�►rr,W.A..ND. Tcv'L0m -L%7 +V N F0 LLDft%PtG O £R AJ C6-w%c Werra s;,y,.�rrr,q Ob*"^G K 06.,..roe 6000+ a we without inflicting mortal injury, so that the S can then be subdued and taken into custody. I was also aware that beanbag rounds are capable of inflicting fatal injury under certain circumstances . Gackowski said that while the Team' s intent had been to shoot the S with a beanbag round that through an error, Baeta had loaded his shotgun with what is commonly referred to as a breaching or shot-lock round and that it was actually a breaching round that had been used to shoot S Hornberger. I again knew from past . training and experience that a breaching or shot-lock round is a specialty shotgun round that is 'designed for defeating locking or hinge mechanisms on doors or vehicles. I was aware that a breaching round is usually composed of very fine shot or other small particles of metal and/or ceramics . These small particles are commonly contained within a cloth or plastic container and that the round is designed so that it will penetrate an inch or so into a hard surface, like a door- locking mechanism, shearing the locking mechanism. and then the material in the round will start to dissipate. I was aware that shot-lock rounds can inflict serious or lethal injuries if struck by one at a close range. Gackowski told us that all of the SWAT personnel that had been present. on the scene, with the exception of Deputy Baeta, were gathered in the downstairs training room at the Field Operations Building. 4Gackowski said that Deputy Baeta, along with one other SWAT Officer and a DSA Representative, were currently in the Patrol Div-rsi, Library in the downstairs portion of the Field Oper Building. I suggested that Baeta be moved to the " room" , located on the second- floor of the Field Ope Building. The safe room is used primarily for the interviewing of Vs of sexual assaults or molest cri it is designed for both comfort and privacy. Baeta and his DSA Representative, Deputy George Yamamoto, subsequently u A.rawa� T..-wr..� D r„rrt o.. p A= C3~1 D RO. L]WC x wr�•�o I P*r+a +1.Dr- i 0F+-0 COPWA D Dr""'"'' Sergeant John Celestre 0024 'L.OR ago 05_10679 Cerci C.O" ,�f,�_' : `'""""` F.K HORNBE tGE R, Brigitte 4/19/95 l tion of Ucavvreme HORNBERGER, Anthony Louijq AL2 arson Wav, iSartinez CA Yry'apvry'�L. 'Coy'w LW tL,4_•Y►'i'.}L o-tw%i<."SfCjt 0""PI} frome 1 64%A&CO/tr 1 L4.'r0I 11J ft7 ` tK...*,oAr.w.�.PC*jo.Tou*Lots 'LiS sous t..0 o+to£ti N C,ntnc>.►.a,�t .w-af,r.C1 Go+'^9 rn.Da r...►c*.a or+. Q;r�,..-tea.K Ooaeti w tr.c . u ,a.co•..c R,rrarq� I moved to the safe room. Deputy ,less Deanda of the SWAT Team also accompanied Baeta and Yamamoto upstairs to the safe room. I spoke with Sergeant Rich Woolard, the Assistant SWAT Team Commander. Woolard advised me that he had checked the weapons of the other SWAT personnel that had been present, i. e. , the rifles , shotguns, or submachine guns, that they had carried. Woolard said the only weapon that had been fired was Deputy Baeta ' s twelve-gauge. Benelli shotgun. .Woolard stated that he would make, up a list of all weapons, complete with -their serial numbers - and condition at time of inspection, and that he would subsequently forward the list to me. I then spoke with Captain Gackowski. Captain Gackowski told me that the a:-mo can that contained the "beanbag rounds" and the "breaching round's" had been moved from the SWAT Armory up to his office on the second floor of the Field Operations Building. I advised Gackowski that I would like to take a look at the can and do a brief inspection of the contents. Gackowski and I then went into his office, and I examined the `ammo can. The ammo can was a standard GI issue, olive . drab, . 30 caliber, ammunition box. On the latching mechanism of the can, there was apiece of silver duct tape labelled, 1112 ga. stun bag. " The can contained nine five-round flat packs of twelve-gauge ammunition. Three of these five-round flat packs were MK Ballistic Systems "Master Key" breaching rounds. ' Three of the other boxes were MK Ballistic Systems "Flexible Baton" rounds. The other three boxes were silver Winchester Western boxes labelled rifled slugs . These three boxes had then been subsequently hand-marked in red pen or red marker with stars on the end of the boxes and the word green on one . box and red on the other two boxes. These three Winchester Western boxes had also been marked on their sides with red U A0000-04 AW--V u pwr,aro� DM .Dc Dw DC* DL Dc DK DY D D«.. D cwww DP*w ok DAM ntrait DR.0 D/►IC 14 IIra�1ry C> +ry J 17.Ch" I T tar t —awt Sergeant John Celestre W. 0025 .ac'^.4:.:i+24N'?i:�:S.«L'"iY.i::=S�l{Snr ` +` f .,y. - * " '_ .,•: 4 . .'1. •�•'1 • . '; ..y ,,[~:, ...-. '. ,_. .i_.:•' - y�:.����i�3�t.�a.`.�.6?'dtM�S.,'.St..tii�l'�oi�'K�17'�k'+sok.:'��.��9��N �,��ci.^.,hCs'•'�' � —.c•2N.+.]S�' t� c..w��w+J+��.'�l�r�^,,,,�3_ �.y►woi iib T •r.;.. HORNBERGER, Brigitte 4/19 57.DIN OV4 A•«+ L �tion of occurrence HORNBERGERr Anthony Z -.Anaerson Wa-N>, Martinez A t+,�c+.,•o.�G. F«n+C.LsC Ssa+r^.r'*.N.P,,�w.�• 0,au+ty Sr"' r'c Mawr K.+f*-w.f.v� s*+C+r vscsns-.ouc o.sv p�.y. „r. WI-W I TN.t.V*.a.Mho+IOW Low .1AZ !4 F0"Z"r►wt,o+�?flk N C`M8 C)-N0 r.i;.4-$Orr C1 OM "0 fvn A,Mr+�-ere POwes i►r+e-+++t h�►r�0 71r♦ r,. I n,rev&-,&K m6- o•oocs a we U A0L&,W- K Plop"i pen or marker. The markings indicating that the boxes did not, in fact, contain rifled slugs, but contained beanbag rounds . The boxes from MK Ballistic Systems were all of the same size and the same general color. That color being yellow. The boxes- were differentiated from one another by labels on the ends and sides of the boxes. The labels on the ends of the boxes were all white in color. The labels indicating what type of rounds the box contained. Three of the boxes being marked, "Master Key. " The other. three boxes being marked, "Flexible Baton-twelve standard. " The MK Ballistic Systems boxes *also had labels affixed to their sides. The labels on the side for the master key round were white with red lettering. The label stating, "Master Key forced entry ammunition. " The side labels on the boxes for the flexible baton rounds were red in color with black lettering indicating, "Flexible Baton-twelve standard less lethal ammunition. " The boxes were oriented in the ammunition can with the three boxes of flexible baton ammunition side by side, then the three boxes of -Master Key ammunition side by side and then the three relabeled boxes of beanbag ammunition side by side. Of the nine boxes of ammunition contained within the ammunition can, eight of the boxes were full, and one box of the Master Key ammunition was empty. Examining the individual' rounds of ammunition, both the Master Key ammo and the flexible baton ammo, appd'ar to be standard sized two and three-quarter inch twelve-gauge shotgun ammunition. The Master Key round has a translucent white plastic outer case with a ."high base" brass head. The individual rounds of ammunition are marked in red, "Master Key MX Ballistic Systems. " The flexible baton ammunition also has a white translucent plastic outer case. Through the translucent outer case, you can' see the red cloth pouch DR DC Dw DO( DL Da DIA DY D++w...qR. D,Cs D~1 D Ro DOW- X AW.«.DWI%"!mow s1.a.. I Tw LDP o++a^ Sergeant John Celestre 1 #<>ftA l 9%W.1rft oa26 -.f.' ....,. 1 l"•YStti-e�\L.i4..v- -...es.'i:J.2�Md�.A.A`i..Y- .t.'.l Sa 1 " .._'..'���`iR���"^1i. � - — t !: �~ +���,e,'M{,l ...est:" d� ";_+ :✓�'"°" ;w-�t'+e�►��6ei�o::..�i: 'sr. `?, '� � t'�t�{.' 1'iDY�trcc,VS,�k�32AF#Sf++_'may^;. 95-10679 Cen ' f •�.. - r,o.��•. ! �.w HORNBII2G Brigi t t e 4119 S �tion of taccusrer�e x �„ "'...e �.M, 22 Ana-rson'Wav Martinez.___C_4 HORNBF�2GER Anthony s �p�.,,nOwL.�'��+++^d.LsC f,LS�r^.W*.►+Lrntr .lrsG'S• O.rntRt !'s+C'u+L+'W .J4"c4xs•'t�aCft�,tr}nbr .Lrt'hks*+C,tir,4s.'s+sa^+c,a Awvouen.L.+ca c Mr'Vr�Tah r.W.A.Prdx36 Sas'Lon .LZI aK FOL!^w+'!+4 GgL?£R Iy I�J�r.+rr*}:G�Pa�r'�^G fw�t.D,�'w�ati�Q oP�tr L.+sr++r��1'�►4►o Tv► r.:. a;retia'+*+-K%6- 0*v"4acm A Mac compressed inside of the shell . The flexible baton ammo has a "low base" brass head. The flexible baton round is marked in black lettering, "Flexible baton-twelve standard MK Ballistic Systems . " _ Captain Gackowski also had in his office in addition to the ammunition can and its contents one round of MK Ballistic Systems Master Key ammo that had been found laying loose in the back of the SWAT van. This round had apparently been dropped in the back of the van at some point during the operation. I requested that Captain Gackowski keep the ammunition can and its contents, along with the single loose round, secured in his office. All of the items could then be turned over at a later time to the Sheriff ' s Office Crime Lab. For additional information on the ammunition can and its contents, refer to the report and photographs from the Crime Lab. It had been determined that I would be the lead investigator in this case. By this time, investigators from the Contra Costa County District Attorney' s Office had arrived at the Field Operations Building- and interview teams, made up of a Sheriff's Office Investigator and a D.A. Investigator, were .set up. Each interview team was then assigned to interview. individual members of the SWAT Team and/or Patrol Division that had been present or involved in the incident. I was paired up with D.A. Investigator Ted Spyrow. I advised the other investigators that I Pad already contacted Brigitte Hornberger and had secured a consent to search form for the residence on Anderson Way. 1 briefed the other - investigators with the limited information that Brigitte had previously given me. Several of the investigators, including D.A. Inspector Leary, D.A. Inspector Kaskey, S . O. Sergeant Weckel and S .O. Sergeant Ingersoll , then went to the residence at 222 Anderson Way to inspect the scene prior to conducting interviews with members of the SWAT Team and/or the Patrol Division. At the scene when they arrived u Aor...o� k'w°'•' n• n�. n� n� nL ne D*A :nY n***I�r cs D,cs II tr+l! D 1l0 D we x 11..n.y o.a.�,rrrw 17.c.. T.., V- D►- .ca..•R pC.-* CW_ Sergeant Sohn Celestre 1 C . n p.,., - „ ,+�,....�s..s• art,.,,, to t.+.. ao tt.oa. � 0027 __._-.. _,..;:: ...__...__. '_.`'n.-<,•_�_..6�'+,:s� ^;'s::_.-.r.' .....�+�`!cWr...�.-',r'..v rcta�-.::.a!r£%�s s v4 w. _`'.. = '7_7-77—,=77-:, ..--. _. .. t a t •.:.Grp*.. Grsiyorrsn A Dow., L+{3K t +4 �95-10679 {{2 Crf Gwn i Cen A. T �pyT-236 ,+-�Yom*►. OIL F.+c OWV R..•r, +` l!L �. 1) HORNBERGr'R, Brigitte .4/19/95 � X2r tion of �ccurreme HORNBERGER Anthonv 2naerson Way. Martine �npr�„rC..C. +�r4F+w+�6.LaCls++r^•1r*"►tr+rrr.trsc�a.4,,.x� &-SAC,WAUIL4--04c%xr'�LcaoswomWL'.-4:4.�. "D"VvUe., Liu, t/r1.r•Tw.e'.1�.a.t+d..tS�Tai'Law 617 Mr F o"Zw4w.,O+t.`�f R I.j G.+*.�'+c 1.wa+.a<t;Jr.r�;Gi�°*"''"9 Fra.0,���Citi iw+o*.�t F1►.+.0 1Yi fir;, C:rev&—iL K were Criminalists Paul Holes and Jerry Cauthen of the Sheriff ' s Office Crime Lab. Also at the scene were Detectives Mike Fisher and Kevin Daley of the Sheriff ' s _ Office Investigation Division. For further information concerning the scene at 222 Anderson Way, refer to the Sheriff' s Office Crime Lab reports and the supplemental report by Sergeant Ingersoll, dated 5/23/95 . Prior to starting any interviews, I ran Anthony Hornberger for prior contacts with the Sheriff ' s Office. and prior law enforcement or criminal history. I found that Hornberger had been arrested on four prior occasions in this County. On 3/6/80, Hornberger had been arrested and booked at the Jail for 148 P. C. , no release date was listed. On 7/22/86, Hornberger was arrested and booked at the Jail for 148 and 647f. P. C. L He was released on 7/22/86. On 11/6/88 , Hornberger was arrested and booked at the Jail for 23152a CVC. He was released on 11/6/88 . On 3/8/93 , Hornberger was arrested and booked at the Jail for 69 , 148 , and 273a(1) P.C. He was subsequently released on 3/10/93 . Checking the Sheriff ' s Officer Master. Name File on Hornberger, I found that Hornberger had a total of eight contacts with the Sheriff' s Office. On 3/8/93 , Hornberger was listed as a S in a child abuse case, Report 93-6817 . On 9/10/88 , Hornberger was listed as being involved in some type of a civil case, Report 88-22773 . On 9/27/87 , Hornberger was listed as a -a, type of case unknown, Report 87-23948 . On 9/20/86, Hornberger was listed' as a V, type of case uriknown., Report 86-22868 . On 3/10/93 , Horn25erger was listed as a V in a civil matter, Report 93-7052 . On 9/13/86 , Hornberger was listed as a V, type of case unknown, Report 86-22237 . On 11/24/87, Hornberger was listed as a S , type of case unknown, Report 87-29045, and on 12/19/87 , Hornberger was listed as a S, type of case unknown, Report 87-31178 . Hornberger also had a CI&I Identification ,4M04946236. A copy of Hornberger' s CI&I history was not Dom. D1 . D4 DY D 00-4 0*MC x Fr.V 0"RAr t.*.Q cr.D.+ i T...VP i2 = IIPIN D ow- D"r"P" Sergeant John Celestre n�rr **WV"Uq- t**w to t,r►• ka n.Dew 0028 71* ate,._._.»�,+'ti:. •}..�-''-t. `�..,�=:.t:F-t_. 5 rf'.t�?k+.[".r...;3.+,"; il•r"f. _ t^a�ks,�1t'.3xjifi.'..ij .Y.vs•w ; —.a n yam,+ .�ai.:+.*'.Z .yam. `.. .}:.. ` -K '„r �.a=_ 9 79 Cen '.A. I i- : 3b 7.Gar DMO tir"r r , � :.�„""•• 'r' r'w HORNBERGER, Brigitte , 4/19/95 tion of pccurrence - x �o��. `'�"*�•t'r."' ,,00d�aa h0RNBERGER, Anthonv 7 ,; 22 1�nderson Wav Martinez G*00"W"61'4 Le �a+r•ssn.►_.fto%Mar�• O.ant� Irs++�'►4w w. kyrK'�irtrrow+a1,,rn�"r.S.r,a'r+.rnc. V[►r"Twr.�1dx,lTo"a'Low •LAI N FOL"eVe&4G DA— rs,x}" k At C,rnsxj.owe s;�s"ry.L�CSt�vt+Q F.as Or ti+"�Q O:r b6,A t"0 o-os n Mac u Fti.rr+•�c R*rnv t immediately available. His number indicating that the CI&I rap is a manual rap, and I subsequently requested a copy of it from DOJ in Sacramento. I retrieved a copy of Sheriff ' s Office Case File 93-6817 from the IMS System. This report. indicated that on 3/8/93 , Hornberger had been arrested for child endangerment. Reviewing the report, .1 saw that Hornberger had become involved in a domestic dispute with his wife, Brigitte. Brigitte had subsequently contacted the Sheriff ' s Office, . and Patrol Deputies had responded. Al: that time, the Hornbergers were residing in a mobile home at 188 Damascus Loop in Pacheco. R When the Patrol Deputies arrived on the scene,' they found that Hornberger was inside the mobile home. He had his daughter, Jessica, in the mobile home with him. At the time of this incident, Jessica, was approximately six months old. Hornberger was highly intoxicated and armed with a Ruger .44 magnum revolver and a Remington twelve-gauge shotgun. Hornberger, several times during the course of the incident, threatened to shoot and/or kill the Deputies and several times challenged the Deputies to- come into the mobile home -and get him. Hornberger was subsequently arrested without incident and booked at County Jail on charges of child endangerment and resisting/interfering with j.n officer. On 3/10/93 ; Detective Veda Mortensen' presented the case to Deputy D.A. Mike Gressett. Gressett had not filed any charggs in relation to the case, and Hornberger had been released from custody. For additional information, refer to attached copy of the Sheriff' s Office Report 93-6817 . At the time that I reviewed the 1993 case file, I had no way of determining whether the guns seized in 1993 were the same gun and/or guns that were involved in the shooting that we were currently investigating. Di Dc Dcx D� DL Do D*A DY D s~,w.v a E34= DOW- x A..«+-q o•.Opf ell 0" i was w•..r- 1a D+M am"*, D o� D �,,,,, Sergeant John Celestre 0029 -- x,'^"a?-,�_....r.rr�u i�jd���,k`:3:au.. 3. ,..aA r�1_x:�'�' �M`.%.r.3.�..iY'i..d-f��.�....i._:. a�;tsti�£4�a�Wi.o'i'� �t•a awl 1.��• 95-10679 Cen ""A , k�-� ( ::.•-.?3b •rt.... ` `cs"'' '�' HORNBERGER, Brigitte 4/19/95 � tion of 'C>- _reme 'c HORNBERGE r uAnthonv s 22 erson Wav, Martinez a n�rG.R td Fw+nQ,LoC# ^• Ir'*.►id"Gr.�nsJ1,0.+"+j Vr"'L"U'w%A&C4Kr"1 1*O*e K✓Rtbw &V• 4.sneK WS' tio,a D+srre„w,.L �- w^r.s To-Ar,WA.PCk4e TOW low •LZI ►r F Ot.l�t+G DAt•7E R Ay C,,_V_),�wcaL t;�+1M*T C1 CLO'*"^4 F✓s.0,VV+Qiw.n 000a Irr+v^+rl?��►+ao sera r�. I also retrieved a copy of Sheriff' s Office Case File 93-7052 from the IMS System. This was a civil standby case that took place on 3/10/93 . At that time, Hornbergpr requested that Sheriff ' s Office Patrol personnel meet him at his residence at 188 Damascus Loop and stand by while he picked up some of his personal property. The report indicated that Patrol Deputy Bob Ortiz met with Hornberger and went to the residence at 188 Damascus Loop. Brigitte was not home at the time, and Ortiz advised Hornberger that he could not pick up any property without his wife being present and that incident was then concluded. Refer to attached copy of Sheriff' s Office Report 93-7052 . The other Sheriff 's Office Case Files that indicated contact and/or involvement .with Hornberger could ,not be retrieved from the IMS System, due to the age of the reports. I subsecruently contacted the Sheriff ' s Office Records Division and requested copies of all past reports involving S Hornberger. After I had reviewed all available past information on Anthony Hornberger, D.A. Investigator Spyrow and I went to 232 Anderson Way to recontact Brigitte Hornberger. We contacted Brigitte at the residence at 232 . I introduced Investigator Spyrow to her and explained to her how an officer-involved incident was investigated and explained to her what the D.A. ' s involvement in the case was. Spyrow and I advised Brigitte that-we needed to interview her at length and asked her if she would be willing to accompany us to the Field Operations Building for an in-depth interview. Brigitte agreed, and we subsequently transported her to the Field Operations Building for an interview. :. D• L]C DCA nDE DL n0. ma c _. 0=P1 MW Y Cit M AM [)&M91 D IRO. p we x �..«.�c+rur %I.om i Two w Ow u n„WWo.•o, DCS oft DNo ftV + Sergeant John Celestre Cti►r !l A.p•W"&A"P-N rU i,+r% 0030 _. - a.._:. .. _. ,..._.. -...w ,.._..... ..,..`�_ .......... •,5 c. .i.. 5..w.5 .. .... .i..�r.n'fS t..lh%Y!:✓— �. Dox 311,µ►rtin�.Gtiltxfwi t DRia"t Gtt i 4cru l,�M*+rG�on�rn 95-10679 Cen c... A ` t ►.. ►.. r.w r.a..ora &..wet _ HORNBERGER, Brigitte 4/101/95 11. tion of "Or-cu: HORNBERGER, rence i.. RN "r'•• F. 2 erson Wav, Martinez ,nthonv T; c ,i prop" J Vow'- , rtr�sr.Lr�a•+�,,�,e.•.N�'r+a,n a«�+a+.Lb 1�.�+r^ .iMrrt.�L,+�+c+r'. ^W1 Ow&^ h ttyss'I.bn,tic7u�+'�Woo �rrlrr�Twi+r.W.A.t4*.0*Tou'Caw •iJGR !i fQ::.D►ruaG ✓fR.ly C�rr�r+c>,wocaa t;,►+rry Q aa^'^9 F.at.Q,w"� Q O�c� i�rs+nrwt tl Kaao Tv► r _ On 4/20/95 , at approximately 3 :29 a.m. , D.A. Inspector Ted Spyrow and I interviewed Brigitte Hornberger at the Field Operations Building. The interview took place in one of the interview rooms at the Field Operations Building. The only ones present in the room were myself, Inspector Spyrow, and Brigitte Hornberger. The entire interview was recorded on videotape. The following is a summation of that interview. I again explained to Brigitte how an officer-involved shooting was investigated and explained to her the role of the District Attorney's Office and the Sheriff' s Office. I asked Brigitte if she could tell us about what had led up to the shooting and also about what information she had or what she had witnessed concerning the shooting. Brigitte told us that the entire incident had started at approximately l a.m.. , on 4/19/95 . Brigitte said that she had gotten home and that Tony had started to "interrogate her" concerning where she had been, who she had been with, and other questions about her friends and her relationship with her friends and/or her friends ' activities . Brigitte said that this interrogation went on for approximately three to four hours. She said at that point, her two-and-a-half-year-old daughter, Jessica, woke up. Brigitte explained that Jessica had been suffering from a cold lately and that Brigitte had taken her, the preceding day to County Hospital for an examination. 5 Brigitte said that when Jessica got up , she had been coughing. She said that Tony started making accusations that Jessica' s cough was not due to her illness, Brigitte said that Tony started accusing her (Brigitte) of molesting Jessica or allowing her friends to molest Jessica. Brigitte said that Tony stated that Jessica ' s cough was not due to her cold, but was the result of Brigitte allowing her friends to have Jessica orally copulate them. Y ,(,1�t•JIYb� I3* Dc j�c+� Dof �z Do D*A 0Y "PWC3 P 1"W it a- 0*= L7.�� L]+10. p*+ *�+�..+�+.,�o+..,►, , ��.Qom. ,T... p Sergeant John Celestre z± 0031 , _ ♦r i 1,•.'. w,:,. - _ �. .:.'.Y•.. ._. __ -�..�. .^. _ ._ _ .., .�...._....... .._. ..—... ..-,: ..._ _ _. ._.. � ...�.L .:�':��`t':.'..'w'. ...... _. .�,:...-,�.4.....r.w _n,. - r_.....,_.,,,i...+.r-.a..t.7' �i•,`'+Y-'?'�iG,'"Tsx".+.-r 1r.,. P.O. 86 3S 1 Mi C41if0hit 964!4Z ':eJV - l.Li c4 DA s}Asea, 95-10679_ Ces�i c..• A. T _ rf : 236 ~` •& F. W HORNBERGER, Brigitte 14/19/95 ! / L1oI} of -6--cu re2me IC sspelz a homed.F.►sl �22 �rson Way, Martinez Q HQRNBERGER, Anthony Louis �t ►,vav-h NO-V — ktos,.in d.RrwyWrW F*^d.LaG fL�i+ •�T.Kr^Yat'.x1tcjt 0.*A*Y IW6,4 Lok rL %.#AG 9,71 Ubow homes.&V" i.MU.W ,1! Dft:,WUM_LKtY^ M(-r•T*Lw.WA.PC$-Jsa Tots'Lar -LAI sv f 0 O.as►rG OA.: PL N Com aa+c):►+OU&1, C)CWVrq Fon.D,VW-OWL P O"CO IOWV"V tL n A**.. Trs r.:.. 0;rnwowiL 4rac tit ��t ht�Y i Brigitte said that the verbal confrontation with Tony concerning his allegations of Brigitte ' s molestation of their daughter or Brigitte ' s allowing her friends to molest _ their daughter continued for some time. Brigitte said that Tony at one point got a "rifle" from a storage room' and proceeded to assemble and/or load this rifle. Brigitte stated that Tony had a "deadly look" about 'him, a look as if he "wasn 't there. " Brigitte said that Tony began pointing the weapon at her and at one point had her down ' on her knees, pointing the firearm at her head and/or face, making statements to the effect that he should kill her and stating to her that "your life seems precious when you ' re about to die. " Brigitte said by this time, she was extremely scared c_ of what Tony might do, and she began agreeing with him in an effort to placate him. Brigitte said that Tony then started to believe, that .there were individuals either outside of the residence or on the roof of the residence. She said that Tony, with the gun, began checking the doors, checking outside on the roof, etc. She said that Tony kept the gun with him the entire time and . made :.her and Jessica move from room to room with him, as he checked for these individuals that he believed were •.loitering or lurking outside. Brigitte stated that at one point, while they were in the. kitchen area of the residence, she and Tony got into a fight over possession of the weapon: Brigitte could not give mo- an ean estimate as to how long this fight had lasted, but it had lasted for some period of time and had moved fr9m the kitchen into the other rooms of the residence. }3rigitte said that she was struck several times during the course of this physical confrontation. Brigitte said that by this time, their other ten--month-old daughter, Jolene, was awake and that Tony seemed to calm U Owaarron A++wo• D� DC DOA D# DL DO D*A . DY D .*..+ MV.. D"Wwom Mb.- D ow.rr• D�+►a. D*= D~" DRD. Di""'o � Ohll��elestre z , r�. rT...w•� Sergeant 4032 "+.c:�...-..,t7it. �...h:�u�r:x-.*:":!:�.r'*'"".kd.�:s.s..f,.s.''�-"_`1c',3i'P�2..r"�'e.::itd.�h.�'i''�.`�1i2.��'1:��: a �i' -,s f•* d tr�'m t t;r.:2r-- i Xrus i►a3a. , r j�nnU Art R11•. 4 �} T+yiGw+nvon�+, a LAs►, , `'3 l.' t +..cr., a - 95-10677 Cen A.D tx • 6 Y.CW "` '' r'y° HORNBERGER, Brigitte 4 19 5 ! tion of tX.curretYce x -�`►""'• ' *41T2 Anderson Wav, Martinez a HORNBERGER Anthony Loui s !'ni'aoJM:ii:. F*• •tibG=SOW^• ''•}Lr+bt•./,t'bC,• Q,,n►TtMq }I"'VtiC laidtt X1.4 N.I�+C"GfMi Lli4+�NJrnLr'.L'i 1i.J'1Df"',V A.'+K'IiVl:irt Dwvovon,41CJfror. W-W o Tsun W.A.tCkift Soot'L aw -UO V%FOL �+ FJn.o, t?0"— "—­t r)R ao Tva r:_ down somewhat and allowed her to fix breakfast for her and the children. She said that Tony still appeared to be paranoid, and he - made them eat breakfast sitting on the floor near the doorway to the kitchen. Brigitte said that Tony continued to believe that Jessica had been molested at some point, and he , began making phone calls to the police concerning his beliefs . Brigitte said that Tony tried calling the police and was disconnected several times. She said he then attempted to call his sister, Mona Murphy, who lives in the Clearlake area. Brigitte said that Tony left a message for Mona on her answering machine and within a few minutes, Mona paged Tony, and he then called her back. Brigitte said that Tony told Mona that he believed Jessica. ' had been molested. by Brigitte and/or her friends . Brigitte said that Mona told Tony that if he believed that Jessica had been molested, that the first thing that should be done was for Jessica to be taken to the hospital for an exam. ..Brigitte said that after Tony had talked with his sister, Mona, he attempted to contact CPS in an effort to get CPS to respond to the residence. Brigitte said that Tony told CPS that he felt that Jessica had been molested and that he wanted them to come to the Douse. Brigitte said that apparently, CPS also advised Tony that if he felt that Jessica had been molested, that she should be taken to the hospital for an examination. Brigitte said that after Tony had spoken with CPS , he decided to take Jessica to the hospital for an examination. They then packed up the children and went to Mt. .Diablo Hospital in Concord. I asked Brigitte why they had gone to Mt. Diablo. I asked if they had some type of an insurance I�• L�= D� L7C D; Do II kCi D A n n~I II ko. D OC *t. At W-WV O"%*r+►r Wf Tame "O'ev „ _ t,ne*^ D� o_„ II,�,,,tr," Sergeant John Celestre C «�.. . .�.. „�., 0033 -.__._._,,.L._a.... ...±fie- ..J:� sa.�...xc;r.... . ..--..ti.'..f,c .=Y��+a.'.:..�.v >: �a... r,�r^,:vai:....._..e` ie.u.r;3i:.":�ti_[sa.'Wd.� F .�,;..y "` .ria.* s'•dOY�44`_ �'°r'nr�ar+o=' ;r'.O. bo z 341,tins i•ti r►s z �:.,,, ,... . ,; _;, - _.. ID 7995-146Ce `•sA Tt276 . jft _ I= i't'0 HORNBERGER, Brigitte 4!195 L LDcALion of occtr:reme � H4�RNBxERGEERi Anthony a X 22 Anderson Way, Martinez ie trov*'�t�*""" ►i.+n�r.u s.•yrnavo-x C.,vo++o•,.tx.i Mr+t+Qa„o.c.R+�"ri'•c,Fy,r+d.lam.!a•.+.�•w+*•Ai,rnw'.Arvct:.Ouantn ir•+e`Wtt tti++1S#Ct+r1c't t�aor+�,,+n.r.L�6' kyr Twn Wa.tsar. T au•l as •L47 P�t pu,%*fU4 0&-.E R Al G,s.s W%C y.}•oc rt t;.Ww M rr. i✓+.Q, �►���Orta fw.rs+*+�t�)R.ro T1n t_- C:=ate K X04 0000 A Mac u �,.ca•,r+a�r*r•rtr s coverage with Mt. Diablo or if there was some other specific reason that they went to Mt. Diablo, as opposed to County Hospital . Brigitte told me that Tony didn't want to go to County Hospital because he was afraid that Brigitte ' s father might be able to influence the staff at County Hospital to make some kind of finding that was not favorable to Tony. I asked Brigitte what she meant. Brigitte explained that he.— father erfather had some money and possibly some influence and that because of this, Tony felt that Brigitte ' s father might be able to conspire with the staff at County Hospital and get the staff to take some position that would not put Tony in a favorable light. Brigitte said .that she, Tony, and the two girls then drove to Mt. Diablo Hospital. I asked Brigitte if she had any idea what time it was when they went to Mt. Diablo Hospital : She toldme that. L she didn 't know exactly ,wbat time it was when they left the residence on Anderson Way and went -to the hospital. I asked her if it was light or dark out. She told me that it was light out. Brigitte said once they arrived at the hospital, they waited for a considerable period of time, possibly as .long as three hours. Brigitte said that Tony took Jessica in for the examination while she waited with Jolene. Brigitte said that at one point, while Jolene was running around and playing in the hospital area, she saw Tony outside the hospital, apparently attempting .to leave. Brigitte said when Tony -saw her, he went back into the building. Brigitte said that she went and contacted a nurse, and the nurse confirmed that Tony had attempted to leave the hospital , but they had stopped him, and he had returned. Brigitte said that eventually, she and Jolene went into the cafeteria. She said shortly after that, Tony came into the cafeteria with Jessica, and Brigitte asked him what the x 01W WNW^ n, DC C O-E L CO na 0 VW0 nM Own Two "I �] � ' °�C)PINV IrChL = scs n~, 0PLO. � SegantdohnCelestren rsow• c...t oar- _?w..»�. w■ IL ---- 0034 nt.�0"1 r,+�ti• `M*}.n 'a. •ati,-" "+y. , > ,yx: _ i• L' -_ 1, r,.t a��- +sr.- .- _ r-q�y.,, .,y _ _';. .,�' _ _`�u.re��:�w..nd:"'tit.-�..4ti1?�a�i�_:,{lWwtcti"!I'!es�.fa:T�..f?�Yi �.�ra�Te�c4�t.+� ��'e�r• _����TJ :..� .aY CfX�i�•}+1�"L�'��"�.,.'P`�. Boz r*s 3D1, %.i„ iiiv�nu ... •:z. l.i S•.+AO� y -------- 414A C406 11 *rIGar+rhorce+, Or�•'y ,i U+r t.c�•� 95-10679 Cen - A. t +ca � 2.Os of ON r,q""�• F*6Q HORNBERGER, Brigitte 14,/19/95 f > ition of `Or.c�r_reme HURNB�G�� 'Anthanv G X22 Anderson Way, Martinez a a+.vw*L t+,ca,,hoe.A•�r+r'+G Eww+a.4oc s�•arT.li.r*bu•.i4rtrJr Ouant� fksne'w.v.�^,�Sic•hdrtw't itorsv k�n+.`Mr.L.ra'M.+"tr.Nttes'sr,w,a D.svcoa�.txate- t�r1we;yar,VdA.Acf.+on Taylor■ •11S'T r.FOLL�G Dx''?ER N Cyrttnc�.++xa t .+.-•t+7 CZ O.P—rq Feet.D,V--018L r)ORCO iar+w*fwl F)Aaoo I,t Q;rev&-*.K b6-^-'of Geoat results of the examination had been. Brigitte said that Tony told her that the examination had revealed that Jessica had been molested, and he stated to Brigitte, "You better go home and get your stuff out of our house. " Brigitte said after that, she went back and spoke to one of the nurses about the results of Jessica ' s examination. The nurse told Brigitte that the examination had been inconclusive. Brigitte said that she told the nurse that Tony was acting in an irrational manner and that she felt that it would not be in the children' s best interest to leave with Tony. Brigitte said the nurse subsequently contacted hospital security and that Concord Police Department was also notified. Brigitte said that the hospital security officer and the responding Concord Police Officer spoke with both her and Tony to get both sides of - the story and a-fte-r interviewing both of them, the Concord Police Officer allowed Tony to leave the hospital with Jessica. I asked Brigitte if the Concord Police Officer had written a report. Brigitte told me that the officer had, in fact, written a report and supplied me with the officer' s name and the report number. Brigitte said the' officer explained to her that he was not in the position to determine who was being truthful , her or Tony, and under those circumstances, he did not have the ability to prevent Tony from leaving the hospital with Jessica. Brigitte said that Tony left her and Jolene stranded at the hospital and -that she subsequently contacted a fr,,iend of hers, Pat Bennett, and had Pat respond to the hospital and picked her up. Brigitte said that they went from Mt. Diablo Hospital to the Quarter Pounder so that Brigitte and Jolene could get something to eat and/or drink. Brigitte said that she requested that Pat go to the residence on Anderson Way and pick up some clothes for the baby while she (Brigitte) �...�•. Dlt DC nCA lot* IDL DQ 0M DY 12 .map 1. nw» D— DArw Dowww n.,".,.r,ot. DAM D~1 'COLO. D roc x AWWW At"nx , t1.Dire /To"romp I C IIP D� or II�,,,��,,,, Sergeant John Celestre o.w. I to $%Ov. too ; .�...R ....tI"1 0035 P.O. Box 391,mirlii4i.; CAUIDUU& Mgzzu{rnn236 l.tr+r*�r G aran+c�e�e r pM r't L 4�!i t H ur u 95-10679 Gen A ' HORNBERGER, Brigitte '4/19/95 tloto of 'OGctr:renc.e ,c . RG f.6A) 22 �rson Way. Martinez,_CA H(JRNBERGER, Anthonv ; „ t,T,,p ,J+Ke�'�^ , K✓nye-.s.-t ►�.rrCf-.t/.csni�«c. o.aCn+.e, t,e,ti e. fw,0+C.I.bc.l�.++�^•r r.Ka+�o. .trsu� O,,u+,�ry Irsrc ttas.•u+n,rtncstr'c utas++ F,Xs.0,w.wr L1 Doc* L%,% ve%wa WA.PCf d Im'La" •LZI ►i i0LL w#WG Q#J£R la C.r*�+Cy.Maui.Ii.>r<M*1'.G1 Cioy^4 a;rr,r.�+t.K•�i.r.�xte 4c�a x tr.at and Jolene remained at the Quarter Pounder. Brigitte said that her intention was to go stay with Pat until such time that Tony became more rational . Brigitte said that whale she waited at the Quarter Pounder, Pat went to the residence on Anderson Way in an attempt to contact Tony and pick up some clothing and other necessities for the baby. Brigitte said that apparently, when Pat arrived at the residence, Tony had the doors and windows all locked and had all the curtains pulled on the windows. Tony apparently told Pat that he was not going to allow her into the residence, nor give her any of the items that she reauested for the baby. Pat then returned to the .Quarter Pounder and ii)formed Brigitte of what had taken place. Brigitte said at that time, she decided that she needed to contact tie police. She felt that Tony was acting irrationally and that the police needed to become involved. She said that Pat drove her to the Martinez Police Department and that the Martinez Police Department, upon finding out what her address was, referred her to the Sheriff ' s Office. Brigitte .said that she and Pat then went to the Field Operations Building on Muir Road, but found the front doors locked and no one in the front office. She said they then went to the lot on the * east side of the building, and it was at that time that she was able to locate and speak with several Patrol Deputies. Brigitte said that she told the Deputies what was going on and that one of the Deputies agreed to go "Co the address on Anderson Way and contact Tony. I asked Brigitte„if she had any idea of approximately what time it was when she contacted the officers at the Field Operations Building. She told me that it was somewhere around 8 p.m. Brigitte said that the Patrol Deputy that she had spoken with then drove to her residence on Anderson Way while she n* D� Dd► DD DL D0 0*A C D+•�� c.. r p zr a.: ,l... »d« CA= II.. Dpwe Sergeant John Celestre ^ C`VWVq - ......,. ,.._. too— 0036 :,iir's•::Yr`'V:.aCSa]tG6c�e1k3:.;�tS�."ae_K+i�.S�.(_;...cF,�''Jiti�'�.7'"i..�.:.� ��;iri�3,vrYn+i�xi�.%�iw rt_ '.ah'^�d"�-aa=•l+c!tiX'N tl"vt•��4`��.sr�,�i*?y�t4`t j"Xr�'���°��:iG=�.cs��4�i�+i.5sh�`u'? •.t.•r•' 60 3.91,mjftintZ C,4100rrua UAar. _ Gly 3.Cs r*+t f C irr*oetsn 4 W n L�i ti i +.r:r 1 ,.a+�•o a5-30679 1 Cen = b 2.Caw QNr4 ►ft j$. r.ru HORNBERGER., Brigitte 4/1-9/95 � �2nation of bccuzrence .4 '"'""'� erson Way Martinez ERGER, Anthony }r,,Zo,rM.iG.�*C fs,JnQ.LtoG Aw^•br*.Nw�+C►.•.A19CJ• 0„rnln !r►ne'u+.u'W+.3rca+rr`c cxac+w tty�n'ar.b�'++:M.xrt+e.'.�tsc+tlsw,x Owvwon.tx.cu, Uh"y r Taije.NW A.rck oo Toy'Low .L= r.F Ota*J++�+G o+t-'�R A�L uR ar c�.++eco t:d.r��'C�L1o�+++5, F.rta D,w■ctw�CI 0�� i�o✓sx*+nt r�►�.+.o Tr► t�- a,rr,.�,�K�+4r.�cra LFsroc+ 1V N.t 12 R.�cA+r.G Rey t followed along behind him in Pat ' s car with Pat and Jolene. Brigitte said that she saw the officer pull up at the residence at 222 and that she waited with Pat in front of _ her friend Kathy ' s house at 232 Anderson Way. She said that she saw the Deputy go up to the house and apparently contact Tony at the front door. She said a few minutes later, the Deputy came back to 232 Anderson Way and told her that Tony would neither come out of the residence, nor let the Deputy in and that there was possibly going to be some sort of a problem. Brigitte said that it was at this point that she, Pat, and Jolene went into Kathy ' s residence at 232 Anderson and waited. Brigitte said that Pat only remained at the house for approximately ten minutes and then she left and returned to her own residence while Brigitte and Jolene remained in Kathy ' s house at 232 . Brigitte said that while she was waiting inside Kathy' s house, numerous police officers arrived on the scene. She said that she remembered speaking with a number of different police officers , some of them in tan uniforms, some of them in black uniforms with black helmets, and some of them in camouflage uniforms. Brigitte said that there was a scanner in Kathy' s house and that they listened to the scanner and could hear some of the things that were being said by the officers, that were on-scene. She said that she remembered hearing at one point that Jessica was going to be coming out of the house and that Jessica was to go to one of the officers named Mike. Brigitte said Lthat she was unsure as to who Mike was and if Mike was one of the officers that she spoke to that night. Brigitte said that she remembers hearing at one point on the scanner, something about "he has the gun. " She then heard a loud bang, which she took to be a gunshot. She said that it was approximately five minutes after hearing the loud bang Dr C)C j�a. 10 C* DL C) p*A . DV ...e! ILD s++c x �.rr+•�O�Mawf +v t2.can. ,T.. WO OV, u n��, D�� � , Sergeant John.Celestre C` ....,j. .."..... 0037 �:._'a''iii:_'L�-ia'�Si�}YI''.���fS2'h:Ls7' a ac �: •a'L:i•.. l ,r;, ., i:.�.r.;'a .V-i^, �. , _ - y ... -,: , a�.3'+'�.'Yetiu�w}..S!.w.,.fit°L`�L.�+f..�.-!.�'�:...�iSl'"GCt^#18YX�wy-"•,�`.w-"•''�S�'�.� 't yr' T,.,.,.__,�, •4'.`,nra .�. ��,, ..ti.:. :n-_ S .* - k.G**+rcars+ro.*e++ �.:1. Dols,,, �� H A i .the 95-10679 Ceni A. � _b �.,�►. .�r. f.+4 HORNBERGER, Brigitte 4/19/19 9 5 i tion of cLr:rer�e HORNBlERGFR, µ} �2 Anderson Way. Martinez A Anthonv c r,w ,tl D.. YOWL bTOC,"nWd.P4=f 4 fOw4.Lac,f 04-•he- hLr+bei'. s 0✓u+t� Iy snG'wu'w'.rt+,eoIr`e itoC1++si✓+++O% ,Ve 60L..+tw.Ns sswcvc OF)Aa&.o V& W.WI'.r..e.W.M.r�ck4s Tov•Gey.. •U&I h eD:J.�+w:+ D+L?Ek Iy Cr VV).NODI.;,Je+1 *S C�Weti*q f✓a.D,Vei^�t41 Lj D�,:rt jp.ruynrne n tiro tbt r__ that one of the officers dressed in black brought t�E'JJ14Gi into the house at 232 and gave Jessica to her. After Brigitte had given us a narrative statement as to what had happened prior to and during the incident, Inspector Svvrow and I went back through the statement and asked Brigitte some additional specific questions . I told Brigitte that due to her description of Tony ' s behavior, from past experience and training, I believed that Tony had been under the influence of a controlled substance, and I asked her if Tony and/or her used any types of F controlled substances. Brigitte told me -that Tony did have a substance abuse problem. At one time, he had had a heavy alcohol problem and for at least the past year, he had been using methamphetamine. Brigitte also admitted to me that she used methamphetamine on a regular basis, using it approximately two to three times a week. I asked her when 'the last time was that she had used methamphetamine. She told me the last time she had used had been on Tuesday night. I asked her how long Tony had been uo on meth. She told me that she believed Tony had been on meth for two to three days at the time of the shooting. I asked her if Tony was a regular methamphetamine user. She told me that Tony was using regularly. She said he would not use for several days , and then he would use for two or three days straight. I asked her how she and Tony ingested their methamphetamine, whet1her they snorted it, smoked it, or injected it. She told me that- both of them used meth by smoking it in a pipe. I asked Brigitte if she had told the officers about Tony' s use of controlled substances and about the presence of weapons, specifically firearms, in the residence. Brigitte told me that she had informed the officers about Tony' s drug usage, and she had also told them that there was a gun or DI DC Dw DC* DL DD n"" OY s+�..et 04 r(P IV ,7.D� T....�«- u 0�Ck. MMW4��o•� n0L O.+..► Sergeant John Celestre « ,...,......, _ 0038 '+`'"�1a-+w:fy%"'1�..� �.i7?^.i���MN��i'��g"'�-:T�:.'�.1`?` aTEti is(,i^u�i.��':_�.3'.i*•.s�C�L�.t�7��"r.^Ti'+:h'�"+C,"t'?S�y "_ moi-�".r?^"�` '14N +..�j�f'Tr�r Y'�`+�-. Jcor+a'r.""" +.. ,.,,;:.L�. ocx :7 t+� ►'ink+ui�, ...... .--_ - - _ Ono t.Cr►ko• I -*1 Ga++ "A*' Casr+crsaeZ 236 fuis� 95-10679 Cen .�: y !1Q'�L�"� 7.Ca Q^i Rin - t S1IJ/L ho. .�. ""'` •�' r'ro HORNBERGER, Brigitte 4/29 95 tiorf of Y3ccu:-rence HORNB�ERGIER �Anthonv ;-14 � 22 erson way. Martinez a tS truc>�1��'M"L ►1,nU.•.i,r-u'►v..r+G.-.v..�a+L�: .w. a.,vwa+,.u�tia . k„�,,,,,,�,R.c�^,rd F'wna.Lr+c 2i-+.^•�.K+^+�'+a'•�� O.rntr, k,,,�`u.w`w,.+t+cvr'c uro.' W'WA!&.W.Waa.pcd,o Sou'Lemma -Lir !. f O.La+tiKv GAZA R.A�C.nK+c X.wcxa i;�+r7.C�Cu,*tir+4 F,rn.C,�'- +� off+ �.rP+��t T}+i4to-c TY► r _ Q:r v&-Rt.K%6.n0140e G*C01 A 1J.at guns present in the residence and that Tony had had a gun earlier on during the domestic dispute. I asked Brigitte if Tony had ever displayed this type of _ irrational and/or violent behavior before and if there had been past episodes of domestic violence. Brigitte said that Tony had displayed paranoid and/or delusional behavior on prior occasions. She stated that these. occasions seemed to correlate with his drug use. She also stated that there had been previous episodes of domestic violence, none of which had ever been reported to the police. I. asked Brigitte if any of these violent episodes had ever involved the children. She . told me that there had not been any prior episodes where Tony had displayed violent or threatening behavior towards Jessica and Jolene, but there had been several occasions when Tony had displayed violent behavior toward her son, Justin. She said there had been several instances when Tony had slapped and/or pushed or shoved Justin. None of these episodes were ever reported to the Dolice. I asked Brigitte if Tony had ever threatened to kill her .before or if firearms had been involved in any of their prior domestic confrontations. Brigitte then told me and Inspector Spyrow about the 193 incident, when they lived in the mobile home . park. She stated that Tony had never forgiven her for having him arrested in the 193 incident. Brigitte said that she and Tony had 'separated for approximately one month after the incident in 1993 , but then they had gotten back together. Brigitte said that approximately two to three months after Tony ' s release from jail, he had gotten his guns back from the Sheriff ' s Office. She said that Tony at one point told her that if she ever had him thrown in jail again, he would "kill her. " Brigitte also said that. Tony stated that if the D0 Dc DCA DoE DL Do Ds+► DY D«—n"o-, D V%- 00- D�.. D c��.« u x ww�+A o 'r t7.Ors t Tsa.*��� D�+•�a D D� 1 Doo D''� Sergeant John Celestreri Cow Cr D r.•..aw+• D c..•.� arc D rr*»rr.► g cam= .....,,. 0439 .«is'31%n.'iC.+il''L�'..5'.•.'-..v'is,�t+�i�"�=r�.ir+'J.'�i...r�....wv.1».`:2..."-ti�w:.'rr'a.�i�ri;k�uls,�'�"�rS.iii,S:iitt.el.."�i`��*i�'�iF,E3?'u:"%ifi�"3{.'iE'C ,'S �fy. 'ri�'.,,,,.,,,,""e�'l r.1[ ..�M^+f�:4+ia ,.. .i.�'�•3 rM L Ch Gr+�Brig�itte- I Cevr*"C IM60*dmusn95-10679 Cen = 3b►.lrq +fF+rr+nHORNBERGER, 4/19/95 = e r Llan of Occurrence HO�RNB�ERGERAnthony G 2 Xnderson Wav, Martin !z, 11 F-raa"f�D++a w"', r.�• 41 .vsw�a,M,x D +vow.on.tsu,.a Fwdnd.SS"k A-++.^.ir*.K,rnC.t.�heat Quaxte� frNG"u•ai+"W+ orr't W�+ K . t�+.c�rt.L�C�►+-!fao+�a*+.at F�i6a�►a TYj r_.. Mr•Ta�++t W.+t.ItiCS.d Taa'lts •LIS, Mt FC::DWL40 OR�fF:N G�*�+c). Civn+� police came to get him again, he wouldn 't go peacefully, and it would take "an army to get him. " . I asked Brigitte about Tony' s behavior in general . She _ stated that at times, Tony was alright; other times , he seemed to be paranoid and/or delusional and periodically was erratic in his behavior. Brigitte made mention that Tony was responsible for their residence being in the state that it was . She said that he would periodically decide that he needed to remodel or landscape the residence and/or the yard. She said that he would continually start a project, get things torn apart, .or partially completed, and then he would decide to quit that phase of the project and start on something else. She said that as a result of this type of �` behavior, their house was a shambles. We. spoke with Brigitte about the long gun that Tony had brandished her and threatened her with. We had Brigitte describe the weapon and its ammunition to the best of her ability. Brigitte apparently did not know the difference between a rifle and a shotgun. From the description that Brigitte gave, it sounded like the weapon that she was describing was, in fact, some type of shotgun. She mentioned the fact that the weapon had "big red bullets" . We also discussed in more detail Tony' s allegations of Jessica having been molested. I asked Brigitte if there was anyone in particular that Tony was accusing of being responsible for the molestation or anyone in particular .that Tony accused Brigitte of letting molest their daughter. Brigitte said that Tony accused her of letting a-.male by the name of Roy molest Jessica. Brigitte explained that Roy is the boyfriend of one of Brigitte ' s female friends, a Lisa Summit. Brigitte said at one point, Tony had held Jessica down, removed her clothing and separated her � legs and pointed to Jessica ' s vaginal area, stating that it was red ►,�.'r „p St prraUwrt-. Ds DC IIa, DOC D� D� D'" DY D �+ Ll a.• D C-- ++++ D w+ Dw....r� as we x s aM.�,taw 17.ONME ,Tom"I Ow �+C DO� 00041 Ow Sergeant John Celestre - ------- - 0040 ZZ4 DA CA 95-10679 Cern c.« A _i�+ 6 �+•• .&& F.W - T.o..4>-4Ft.�.n S k 1 L HORNBERGER, Brigitte 4719/95 r etion of DccLrreme 1° •'�",•c-F "' A.* 2 arsan Way, Martinez A „ F`ra0w''f�}.r1a'tpret ,m,,or,•d.c. *4 f+wane.Cnc SL: .W,•ir+T K,r,Cr,A r,+cJ t o r.nsr, f u+e'w u'IJa X14+. . 't wct.+K� ..r••-+ �+nC» I.f.wr,a-,.c,s Dr.v we+,.L.K a v�- we-we Ta+.t.'1 -A.PCk4f Tou'Los •LJr h FOL"r*VWG Cwt?f R A.7 rutync3.40LMn R'O-*-Orr.01 Opo ury F.Wt.Di 66.+'0 wnt.F)0a" ,2 I�,ca•"►mak rtsrw'q i and that was the result of Brigitte having let Roy molest Jessica. We asked Brigitte how long she had been married to or had had a relationship with Tony. Brigitte stated that they had been together six years, but then she made the statement that they had been married in 1987 , but at one point had separated for approximately a year. I again asked Brigitte about her and Tony ' s use of methamphetamine. Brigitte stated that she had started using methamphetamine approximately eight months ago. She stated that Tony had been using methamphetamine for at least the last year. I .asked Brigitte about her personal use. Brigitte again stated that she used meth every two to three days and that she used approximately forty dollars worth of meth per week. I asked her about Tony ' s use of methamphetamine, particularly within the last three to four days. Brigitte stated that to the best of her knowledge, Tony had used approximately two eighty-dollar bags of methamphetamine within the last two days. We asked Brigitte if she had any injuries that had been. the .result of the domestic disturbance/physical confrontation the previous night. Brigitte showed us bruising to her .right upper arm and to the left side of her forehead. She said that this bruising had been the result of the physical fight that she had gotten into with Tony over possession of the shotgun. I subsequently had Deputy Cynthia Kay come into the interview room. Inspector Spyrow and I left the interview room, and Deputy Kay checked the rest of Brigitte ' s person for any additional signs of recent trauma. No additional recent trauma was found. I subsequently had the -bruising to Brigitte ' s right upper arm and left forehead photographed by criminalists from the Sheriff ' s. Office crime Lab. D� L7c Da Dry DL Do D** .DV D 14+M+�41► D s� D M�tl D Ft0 D i++C tt ONOU*f P I IQ 17.a.. t T... 00 WW u DF�+•o..� D o*L D�..r*•*•�+ Sergeant John Celestre C 001 '^..,�5,;:w.::i_rS:tii..°x.�.�u_.:G., `.ue'K.z....'s`45.:13 �`.i r�.x�:'r+.. ti`ai+r �.+i<ai?eC'.c':.L•' Z-iY. -F„t• A."#r.7r .""'.s.-i-:.i,.SiH'!'1.f `fi '.y"'a ''�I,+�.'i, _�`.ae6+ � �G •-� Y.aM►+o »i.fr*:mtrCaa+rgoesrn t �� LH 1 4 ,ei 95-10679 �Cen c... A D _ '��► rX=z 11+ I. -]?.can 0" 000W �Mn. - HORNBERGER, Brigitte .4/1-9195 -77 Lian of t�cc�rrrenc '0 t"owa C-r•"' ; �2 Anderson Way, Martinez a HO ERGER Anthonv lr�povn�rC.F�*4 Fwn+d.lsC f:>K^•!rt-K.rnCr',Mtt•,J�.O.,anR� rri++GtWi�'W'+.+�+cs+�'r•t 1tetl++K�r+tibr'.L.r./.'M.tnC+r'.�✓stnrtss^+ws+c Mvwrn.tacstir_•- r4'wt 7w.t.W.&.pC.40 ICU*Los •Ljr k FOLLO ANG DoLDjk Al Cesrm%Cy.Mowal t;,►e..Mr3 L7 CLowvnp Fr*%.p,wA.CW&C"1 01%cd ir.++rr+.►nt Fl R�t-0 Tb� r;. 12 Iti+c�+'iyG FttM�'!t•Z I explained to Brigitte that I would like to get a copy of the report on the medical examination that was done on Jessica on 4/19/95 at Mt. Diablo Hospital . Brigitte subsequently signed a medical release form so that I could _- get a copy of the report, refer attached. During the course of the interview, Brigitte had not been made aware that Tony was deceased. When Inspector Spyrow and I completed the interview, I informed Brigitte that Tony had been pronounced dead at the hospital. Brigitte. immediately broke down, started to make statements that it was her fault- that she should not have called the police and that if she hadn 't called the police, Tony would not have died. We concluded our interview with Brigitte, and 1 had Detective Kevin Daley drive Brigitte back over to the _. residence at 232 Anderson Way. - For any additional _ information concerning the interview on 4/20/95 with Brigitte Hornberger, refer to the videotape of the interview. After the interview with Brigitte was completed, I ran .Brigitte in DMV and CI&I information,' as well as Sheriff's Office Records for any prior criminal history and/or contacts . DMV showed that Brigitte had additional AKAs of Dodge, Elrod, and Lafleur. I ran Brigitte in both Sheriff ' s Office and CI&I Records under the name of Hornberger, plus her three AKAs . Brigitte hid two additional contacts with the Sheriff ' s Office, one under the name of Hornberger, when she lived at 188 Damascus Loop. In this incident,., she was listed as a V in a petty theft bicycle, refer S .O. Case File 94-2648 . Under the name Brigitte Lafleur, she was listed as a V in a 1986 case, type of crime is not known at the time, refer Sheriff ' s Office Case File 86-18823 . Due to the age of the report, I could not immediately get a copy of the 186 report via the IMS System. I subsequently got a copy of A40— rV c...�t Owa,+ron D g� DCA DDE DL Da D*PI DY an"to Vine co D POLD. x AWW-W ow-r P1 t?.oar. r Tom w+..h 1 u : Ser -•- eant John Celestre 11 C :D r,..a.r.r., D C..rtr c.� n rr++.P" g ❑Ory. tt /Vr*�+t s•+Ir.}'*M+cI !o iw.• ►.o r%:par ......,. IO— ,,.... QQ42 . ...... .... -._._,..- .__..1.r:_._...,...,o.o.,.; ,. ..._ ,z ...gbh 4,--a,.....^:)."r..:r'J� f 4,,. . _`4-_rT ,a` -:; r.••^T.: >,....: - :r-t 0^Pao A Dow, LVA A 1. 23 95-10679 Clen ;I 1*K HORNBERGER, Brigitte 4/19/95 Mc an of occurrerx_-e Ic S.Aose 9 ER f Mnthonv) A41"2 Xn-c—ierson Way, Mart 'Lnez. ("h, J HORNBERG A&zPMrvf.F--d, -Sa­P—_t P1 A,4.0 rV vt-ws Tow.W.A.pchift IOU*Lan -L= Ci;rev&-s.K 0;6­0`04 0*00, A we Case File 86-18823 from Sheriff ' s office Records. In that report, Brigitte was listed as the V in a residential burglary. No responsibles were ever identified, refer attached copy. After Brigitte Hornberger had left the Field operations Building, I spoke with Criminalist Jerry Cauthen. Cauthen having come to the Field operations Building to photograph Brigitte ' s injuries and collect the ammunition box and ammunition that Captain Gackowski had secured in his office. Cauthen told me that the weapon that Tony Hornberger had been armed with at the residence was a twelve-gauge semi-automatic shotgun, either a Remington 1100 or Remington 11-87 with approximately a 20- to 22-inch barrel . Recovered with the shotgun were two live rounds of twelve-gauge ammunition. For additional information, refer to Sheriff ' s Office Crime Lab ReDort. At approximately 6: 33 a.m. , 4/20/95 , D.A. Inspector Spyrow and I interviewed Sheriff ' s Office SWAT Sergeant Greg Gilbert. The interview was done in the Investigation Division Library. Spyrow, Gilbert, and I were the only ones ' present in the room at the time of the interview, and the interview was recorded on audiotape. I asked Gilbert if he could give me 'a narrative account of what took place from the tine he was notified of the situation at 222 Anderson Way. Gilbert told me that he was paged by Sheriff ' s Office Radio somewhere between 9 : 25 and 9 : 35 p.m. , 4/19/95 . Gilbert explained that he is currently assigned as a tactical team leader on the SWAT Team and in that capacity, he responded to the Field Operations Building to get his tactical team formed up, and then the team, as a unit, responded to the scene on Anderson Way. X DL Da Dst p" L3 I, "W"60 CJ,ti6 ONO ❑ fl Owww V"AV 0 P OLD IT~ C PM 0 own... cow"W c*- Sergeant John Celestre V6 Aoprr"&Am- P"V 4043 rD box awl,maruttz, boa. CV"O f r, r_w 95-10679 23 6 7.Can ry 5 ftw".1 'a HORNBERGER, Brigitte 4119!z : 0� Lion of -Or_-c%r.,reme A.*102"21 XInn-cate- "0 HORNBERGER, Anthony Tgij�_q rson Way. Martinez. CA W-we Tbkwl.W.A.howcw IOU*Low -LZI Of FO"_WAk*G DA. &A4 Comsnc$.ftma,1;.*.Vrj:C1 QLO6vfV cl:r—&-n.K Wt­*01 Gocet 12 A.4.V.WV4 Plop" I Gilbert said once they arrived on Anderson Way, briefed by Assistant SWAT Commander Sergeant Ricl and Patrol Division Sergeant John Fulwider as to situation was . Gilbert said that he was given a of the residence. He then briefed his assault t, members of Sergeant Gilbert ' s team then relieved. Deputieswho were on the perimeter surrounding the residence. Gilbert said that several designated marksmen from the SWAT Team were already on-scene when he and his team arrived and that these designated marksmen had already been placed in locations around the Hornberger residence. Gilbert said once he had been briefed and had, in turn, briefed his team, he divided the team up into a front and rear arrest teams . He said that Deputies Mike Baeta, Dave Brown, and Chris Thorsen were assign- ed as the front arrest team and took Up:._a position in front of the residence at 222 Anderson Way. Gilbert said that the rear arrest team was composed of Deputies Jess Deanda, Chris Forsyth, and Sergeant Matt Chertkow. These individuals took up their positions behind the residence at 222 Anderson. Gilbert said . that the rest of his team took up positions one house to the east of the Hornberger residence and waited in that location in case it became necessary to move in or assault the Hornberger residence. Gilbert said that Deputy Baeta was carrying his assigned SWAT weapon, a Benelli Super go semi-automatic twelve-gauge shotgun. Gilbert said when� they arrived on the scene, Baeta had been assigned to load his shotgun with beanbag rounds and was told- that if the opportunity presented itself, he was - to take a shot in an attempt to knock down and/or disable the S with a beanbag round. Sergeant Gilbert said that after they had been deployed for some period of time, Baeta did, in fact, take a shot while the S was standing in the area of ,-the front porch- Gilbert U r 03 CC C)OA DOE DL DD OOK Cy Oplwwlra OA= 0~1 COLD X AMW-1, OW-Or P—sw 17.Zom Tme wow,,, CcwWomr- Cow Sergeant John Celestre Copw *OWV_j Ua- P-4 . 0044 r.6d. Wo L00""'WIM I - A Cern CAIIIIIIIIIIIIIIIIIIi I.Qr1mw ICM60%WtW-, Aw Lie 95-10679 Cen A 236 kI. Or* 00"''I !.Mom %. HORNBERGER, Brigitte 1-4/19/95 ------------ x uj�s ftWVW(�F.K Lion of 'D_-tucreme HORNBERGER, Anthony LouiZ T A"� TCAI)a'y T �T __2_2_/ c i�er'I oc)�nn LW Lw,*. To6sel.W-&.Pw$-40 Toes Left -LZI P-9 0&-)EPL AJ r""Wc.),ftau& C)OLoftr* Fort.2, P 4*.V-WIL n A&*4 rv, said that the S went down, .and Sergeant Gilbert and the rest of his team moved in on the Hornberger residence. He said the S was taken into custody on the front porch. At the time the S was restrained on the front porch, Gilbert said he was operating on the belief that the S had been hit with a beanbag round. Gilbert said that S Hornberger was secured on the front porch, and then members of the team entered the Hornberger residence and cleared the house, i . e. , determined that there were no additional Ss , Vs, hostages , etc. , within the house. Gilbert said that once the residence had been declared secure, the team formed up in front of the residence, and it was at that time that. they discove-_E-ed that the S had received a severe injury and medical assistance was recruired. . I asked Sergeant Gilbert what information he hadwhenhe Ii -st- responded to the call and/or arrived on the scene. Gilbert said that the information that he had .Drior":trol deploying his team is that they had an armed male S and that the individual wa's probably under the influence of methamphetamine. Gilbert said that the individual was allegedly a known user of- me.t-hamphetamine. Additionally, he had been advised that the individual had previously threatened his wife with some type of' a firearm. Gilbert said that the designated marksmeri, who had been posted around the residence, had been able to observe the S with a gun in his possession a'nd had so advised the other SWAT Team Members on the scene. Gilbert said they additionally had information that there might be a second gun inside a vehicle that was parked at the scene. I asked Gilbert what the normal operating procedure was for the SWAT Team on a call-out, as to what officers responded to the Field Operations Building and what officers responded directly to the scene. Gilbert- told me that under normal operating procedures, the individuals that are assigned as designated marksmen, along with the SWAT Commander and/or U a Dc Da DC* DL ID 0 0*A DV V C)YWO 0 rD 0 oww- P Ob. r:3 A= C) PLO Sergeant John Celestre C., 1.Gr*Fr�r otie++ t Dow", 95-10679 Cen`'~' A 12' ;....,,t.taa t J'W ,�'"••• •�` ►.�o HORNBERGER, Brigitte 14/19/95 xj ��t z on of tDccu—t rence ,c &way a•�•,•c_F.W) 1A4n 2 Anderson Way, Martinez a HORNBERGER, Anthoy l �prt+.+Mir�.R 'MS�lJnd.Low}..1.74• •ft-li, rDr',A1YrCsi Z,*Aq^ �'R}'�C'1{at#'W'+1Sit'SxF t ittr+i�11✓}nbF.�`� M�J�SC+y'.MLt�At.',�o•�t L7yrsVW0h.LKssr_- 1 IWI Ta+s.W.a. Sou•Lon -L I !s Fo"Zw-*4 O.Kzek A}C+-sric y.a--[;.ir-aorr.C7 Owov ng F.WL.0, n A&&4 C:r1,a-R+a.MG►�.-wr'od OcK+o. �w: the Assistant SWAT Commander, will normally respond directly to the scene, set up a perimeter and start gathering information. Those individuals that are assigned to the tactical teams will normally respond to the Field Operations Building, get their. SWAT weapons and other equipment and then respond to the scene. I asked Gilbert if that was the way that this call had initially been handled. He told me that it was. I asked Gilbert when he first got his initial information concerning the call. Gilbert said that when he was initially contacted by Sheriff ' s office Radio, he was advised that there was a barricaded S in the unincorporated area of Martinez , but was given no additional information. Gilbert said that upon arriving at the Field operations Building and meeting with the rest of his tactical team, he got the incident history off one of the computer terminals at the Field Operations Building and at that time, he learned that the individual was allegedly armed, there was a young child that was a hostage and that the individual was allegedly under the influence of drugs. Gilbert stated that when Sergeant Chertkow contacted . Brigitte Hornberger to get a floor plan of the residence that Brigitte advised that her hdsband had one or more guns in or around the residence and possibly had a gun in the blue truck that was parked in front of the -residence. I asked Sergeant Gilbert if Brigitte also supplied the information concerning the possibility of the S being under the influence of drugs. Gilbert told me that he believed that he had gotten the information concerning the,, drug intoxication and the possibility that the child had been , molested from the incident history at the Field operations Building. I asked Gilbert what equipment the tactical team normally , takes with them on a call-out. Gilbert advised that all of D• Dc 0CA. nae DL Dc 0*A Dv [3 0-M«:oa r3 ACS 00"I ORO. n we x ftWW nl 06"P KJ tt.Orn r Two Do 0000. DC4-* o•- D...—P" Sergeant John Celestre II CC mop., ir. qp v- 2e s.w. fto 0046 .°-Vw:.'"'..���.�':�n."�i.i�iY'�.`+wi:�.w.'�x,f��' 3:ij,.ft <+�1Re:re!,�Y.-phi'!�.�/���.�•.1';.bf����~�_~3.�}" Y`?'r.?F Y ''i.•' �`.i+c�Y'.�.L.{�...iCt:'.a'..i4_-Y, r����Yll;1i"T-.�e*54�� Lit i.�0o++"*+"�1 ••' + G�13tS 1.G�tC1�rr+ceuK,r, 4 =•••�_�"� �.a...�. 105_10679 Cen A D r.�.ON t►...,n t� �I: D HQRNBERGER, Brigitte 4/19195.., - t 1 t 1 on of 'DC.cvr-reme HORN•�G 2 �rson way Martinez a HORNBERGER Anthony �' � ►�,00•rn�ard. r�.,.Te.s.r+C.3sc,w. .••�.�*�*'•ArvUr< 4ua>~� IrsnC rwss'L4h.�.�n+'c u�,or Kr«.ar.f,ru."1�.+rt+W-.V.cr�'faw,x cv.vsrue,.6.c..w- W-W4 Tao w.WA,ro+jft Tou•tom •LSs *v FOLLZ% +►+G oA_XR 4 Curr-ct,jr-orr.0)Cio*vmq Fort.C,'1�P 0"" 66-IP wAL Fl Oka" T1n rte. Q;Fnw-%.K +�++ 0.0o A tr.c the team members have specific weapons assigned to them, in addition to their sidearms that they all carry. The weapons assigned to the team members include twelve-gauge shotguns, 9mm H&K sub-machine guns and, in the case of the designated _ marksmen, long rifles . Gilbert said that in addition to the assigned weapons , there are containers of ammunition and/or other supplies that are designated to be taken out on every call-out. These boxes of ammunition and other articles are kept in the SWAT Armory on what Gilbert referred to as a "crash cart" and the team members, upon responding to the Armory, roll the crash cart out to the SWAT van in the Field Operations Building parking lot and load the ammunition_ , weapons, etc. , into the van. sZ I asked• Gilbert what Deputy Baeta ' s assigned SWAT weapon was . Gilbert told me that Baeta ' s assigned weapon is the Benelli Super 90 semi-automatic shotgun in what is referred to- as the entry configuration, i. e. , the weapon has a, fourteen-inch barrel, a pistol grip shoulder stock, and a five-round magazine. The weapon is also fitted with a tactical sling. I asked Gilbert what the normal type of load is that would be utilized in the Benelli shotgun. Gilbert said under .normal circumstances, the load that would be utilized would be either double-00 buckshot or .rifled slugs . I asked Gilbert if there was any specialty shotgun ammo that was stored in the Armory and/or normally went out when the team deployed_ Gilbert adv-iced there were several different types of specialty rounds that could be utilized in the shotguns . These included ferret rounds, ferret rounds being a type of twelve-gauge round that fires a small container of chemical agent, i. e. , tear gas . The ferret rounds can be used for deploying gas into a structure or vehicle. Gilbert said another type of specialty round that normally went out when they deployed was what is referred to as beanbag or stun rounds. He said that these rounds are considered a U o..r+� x"".c". Ds DC C)CA C)C* =}t Do gs� DV M„ ti,.. p�.. D ow...� D k.rn►ok LA= 0~1 COLO O wC *L Arr«trq Cm*%xj!� n.ter. r T.. D OWN-0, Dc..* ati t3•r•+r•r++ Sergeant John Celestre C D o.rr. x +t+s.+�+�sw.•!'*ext rc t.�.. ►.o n.o.. ►. ......,. .�.„�., 0047 ����� _..�, y� -.l�':�9,.�-�;_ �::�. K- .� r+��r l � ._ ..�� �,.,.,Q _� � .`�""' ._ y`r._;•r, 4 ti. rs�'�'Sa?'} Z.X+rss iESs'�'s�•T��Y:}��G�..1?`ra����� "' ,��r�p�'�`7A,' ��i�� �� "y..7k+w •�h..S' �y.F � .�,�R.µ SSia -r'7.t'/ t '' �4��?�'-'�'3`'"�rt.-�•i+..+!. a:�!j���J`rr'°r. 1f��dF'!Ww •4 .. IO- 95-10679 A. ? z.ear� �..+•�-+ i1GTS3-rBW "'° �`�"•• w�' r'`4 - HORNBERGER, Brigitte 4/19/95 t n Of 'Oc ctr nez HORNBFRGE r Anthony c �2 �Gersoan Wav, Martinez A !*+i*a+'+d"�. }��►�ssr++d.L"r fio+n^•ur+*.►Lr*i+r'./JSa-Jotra�+C'W,&U "a%A&C Or#r't i 040 *r-W&TO&M'.WA.P C*.06 Sony•Lai •UR k F O"_1W#V4 00--*x N"IM ++mw 1;J&W orr C)C+o MQ F 601.0,w+.a'+ra.n OM*rw f baw"+r1.rl�+ao tb► r K 044%1 b Ocoos F Mac S2 lMriG�"1K�hlM�/4 f "less lethal" type of ammunition. They are used to stun, knock down, or disable a S and that the effective range of the beanbag or stun rounds is normally five to fifteen yards. Gilbert said that the third type of specialty ammo . _ that normally goes out on a deployment is the master key or shot-lock breaching rounds. These rounds are designed to be used to take out door locks, door hinges, etc. Gilbert stated that the breaching rounds are considered as a lethal round and could be used as an anti-personnel round with an effective range within 25 yards. I asked Gilbert how the specialty rounds are stored. He stated that all ammunition is stored in individual ammo cans in the Armory. They mark the cans that are to be used in a deployment. These cans are placed upon the crash cart, secured in the Armory and then when the team deploys, the --,, crash cart is moved out to the parking lot. The various cans of ammunition are placed into the van and . go with the team. I asked Gilbert how the individual cans are marked. He said they are tagged or labeled with a piece of duct tape. The duct tape is then marked with ink or some other type of marker as to what the contents of the can are, i. e. , 9mm 'ammunition, 12-gauge double-00 buck, 12-gauge slugs, stun rounds, etc. I knew from having previously trained and/or shot with Deputy Baeta that Baeta normally carries additional 12-gauge ammunition attached to his personal web gear that he wears when he deploys on a SWAT call-out. T asked Gilbert if he had any personal knowledge concerning Baeta carrying additional ammo on his web gear or his person dus.ing a call-out. Gilbert said that he was unsure as to whether Baeta carried additional ammo on his person or simply depended on the ammo that was on the crash cart. Z asked Gilbert if he had any personal knowledge of Baeta carrying any type of specialty rounds, i. e. , ferret rounds, beanbag rounds, or breaching rounds on his person or his web gear Ds Dc 1)CA DC* DL Dn 06^ Dv n.....,.,.., D ria+ C!I- C)A" p M~W .tet" PLO �]we x #*Now W Owovpr P—Aj IT.Dim ,T.."Now } s D �+•�^p ter,,,., Sergeant John Celestre { ❑ra.,v � ��f.+�R t*�+c) m s.�.. ao n.par 0048 �r,r-''c4w`ti+?�—.i`—S .t•^-oT�'—T iM-` ,T ?'iq.,�17i ii��'S r..vtr• i ;C " � 3.r0Cry^rrstM fCM+ 1.Grrw f Caa oWW*^ ,. CA a"- 95_10679 Cern A ' _ I b . .... Y " •• •z E'`° HORNBERGER, BrigitteX119 95 - tion of L�cclrrrence HO�RNB6ERGERr MAnthonv Louis AD Xn-8-erson Way, Martinez A tS ftvo'/,t , Ft✓ :+w.b�'+�M1sTCr.4i."mak"+O4t DrattLucwt.LKt k„pw,rts.G.K CPP rd R^rMA LLW la.srw`.%we k.-MW,,wts1a.ow*^90) {.W t W�.Srestr't titoC++ >t�r, 7w�r,SAf.a,hct.+etou'Low .4 Ih Fou G +K+0+t7f i<A}G.a+>ntt.+caa t:Jr+try h a�^'^F iwn.C, t1 Cha,fr►.ro+w�t n�rao 1b► r�_ e. r..,,.,,.,L K 0-com a Mac U t+ur*" z during a call-out. Gilbert said that the normal procedure is that all the specialty rounds are kept in containers on the crash -carts and that the specialty rounds are not distributed to individual officers to carryon their person and if specialty rounds are to be deployed, it is at the direction of the team leader, and the officer designated to employ the specialty round will then draw the ammunition from the appropriate ammo box. I. asked Sergeant Gilbert if he had personal knowledge as to what type of ammo Baeta had loaded into his shotgun at the time of deployment. Gilbert told me that when they arrived on the scene, Baeta had his weapon loaded with standard double-00 buck loads. Gilbert said once they had arrived on the scene, he personally instructed Baeta to load with beanbag rounds and to load his weapon to capacity. Gilbert said that he personally saw Baeta go into the van, retrieve the ammo can containing the beanbag or stun rounds, and he personally remembers seeing Baeta loading his weapon after having retrieved the can with the beanbag rounds in it. I asked Gilbert what the lighting conditions were at the scene when they arrived. Gilbert said that there were no interior lights on in the van. There was some existing ambient light outside from streetlights in the area, starlight, moonlight, etc. He said that some of the officers did briefly use their flashlights -upon arriving at the scene, but the officers tend to use their- flashlights as little as possible, so as not to adversely effect their night vision. I asked Gilbert if he. had personal knowledge as to what type of light source Deputy Baeta had-used to locate the ammo and/or load his weapon. Gilbert said he had no personal knowledge as to what type of a light source Deputy Baeta had used to locate the ammunition box and then load his weapon. AVaL TY Da L?o Da" C)Of DL Do 0 b DY D�.*«� D w» D►..� D� D cam'..' t: � x Amp"No q O"k"fo t 7,or= ,1.= D^""'►°` D D D Sergeant John Celestre D�, � A��••.+�z.+t.. r*•+U -. so i...• wo �- . O049 ,.tett',s `.". :.fi `Sit4e"fit-f'i i'_' Ya$1`.tit 'hSS�f, 'X13'' t�"s�'WhTS �''Sr"L�Ai+ mai+;` 7".v3i`S::k!`'G', '`+rsiotW'�'•a kL;`�,+idi!iG7L ,� r "..... - K F- O�►� 2 3 G *s+Car+.*rcssarn i L,b tiu. 95-10679 Cen A ' HORNBERGER, Brigitte 4/19195 AarI,�,�taon of Vc.currence MERGER, Anthony 22/ Way. Martinez a ,1 fryol� L 'LU%A M6Xr't iiaC+++�ues�r.Lr,a Mr++6r•.�wrynswes D.sc,ctio•,. , V,00,,,,�;.Fd=V?Wv L F*nd.LCW,icor^. W*.K..-to .Al Ltl� Qurnl� M y+C 44ts Mr"'v Tr+�.W x.►+c{.w T w t o. •LSL'� r•F a:LO►+wG O+L�f�l A,j C.e*lrue y.++oes.i;ie+r*Y C� rq F..,%.0,w'"+tom t1 C"cd ir.rV'*+!+t F11V 1►o Tv, r ti Ares^rr+G hM'w"q i I asked Sergeant Gilbert if it was a normal practice to keep the beanbag rounds and the breaching rounds in the same ammo box. He told me that as far as he knew, it was the normal practice to keep the rounds in the same box. I asked him if he had any idea how long this practice had been going on. Gilbert told me that he had no personal knowledge as to how long the practice had been going on or when the instituted. I asked Sergeant Gilbert if he had given Deputy specific parameters as far as taking a shot at beanbag round. Gilbert said that he gave Baeta parameters as to conditions. Gilbert said some conditions that he outlined for Baeta were that # non-compliant or hostile towards the officers , ; } posing an immediate deadly threat or if the S was threatening to commit suicide. Under these conditions , if Baeta had the opportunity to take a disabling shot with the beanbag rounds , .he was told to take the shot. I asked Gilbert if he was in a position to see S Hornberger clearly when Deputy Baeta took the shot. Gilbert 'explained that he was at the house to the east of the Hornberger residence and that he was not in. a position to have a clear., unobstructed view of the residence and/or the S . Gilbert said to his understanding, Hornberger was on the porch when Baeta took the shot. Gilbert said that after the shot was taken and the tactical teaZ -moved in on the Hornberger residence, Hornberger Was laying on the porch and that the little girl, Jessica, was also on the porch. Gilbert •said that when they moved in on the Hornberger residence, he noted a shotgun laying on the ground below the porch. He said one of the Deputies stated that the shotgun had been laying next to S Hornberger and that the Deputy had pushed the gun down off the porch to get it away from the S and to keep the S from making any attempts. to retrieve the weapon. �'� tit Orwwvn C& )e CCA OM CL CO 00" �v D OL a Q#►t x Ar.r+M air f'*� ,7.0.• r Tom w+r,► I . n...�cy.•» L3CAWNW o.r- n ,,»'r,,, Sergeant. John Celestre Con _'0050 :6 'S1�5'�^ *?"A*��ki 'a�"��""r�L. ..�Y�y..py;, �.J^•3.'`2a�i.+.t_i J' .',P1,�y," ��.,(fP a' '•�{',7,i,, v +a '"[t �.; .- fithw.. �"�*+►..�i•'S�e, +,'�`�."-�`�„��'4.''v>-°�4 ;�.3`i S"`�3`ti..c �'�J i'3.�.��.��.+�,v'=4,f . 44 95-10679 Cen A „"''• • r'w HORNBERGER, Brigitte 4/19/95 �.a tion of Ucctr_-rence ,c +•••••• r..a} ' 22 Anaerson Way. Martinez A HORNBERGER, Anthony Louis t� *e,,pou dC.��r'w'+d.isG�a+�r+•lIr' KaTtar'.l�ttir,Jl.duviiry IrsrC M•�uWM NOntP�.L+'+iiw•�^w.�st�w"1a'Morat D"trouen.Lxati+s W%,Wj Tows.W.A.PO-00'TOW Low -Lrz IN FOL;�00—%Ek N C+,nwv.).NOUIL t;.r+s+Y Cr Cfcre++*q f,rn.O:�+^�tj 0*� L►.rs+++++�t r111►s.o T1r� rte_ s i2 AWQO.W-C Plop" 3 I asked Gilbert if he had been able to see the S with a weapon at any time. Gilbert said that he had not seen the S with the gun. He had heard transmissions over the radio about the S having the gun on several occasions . Gilbert said that the designated marksmen had kept the other officers advised of the S ' s actions and that S Hornberger had come out of and gone back into the residence on several occasions, sometimes with the gun and sometimes without the gun. I asked Gilbert where Baeta had been posted. Gilbert said that Baeta had been posted near a blue truck that was parked in front of the residence. I asked him if he had had visual contact with Baeta at that time. Gilbert said that he had not had visual contact with Baeta, but that he had had visual contact with Hostage Negotiator Mike Costa and that - Costa was also posted near the truck, and Gilbert was aware that Costa was in close proximity to Baeta. I asked Gilbert if' he had heard any, verbal exchanges between the S and any of the Deputies. Gilbert said that he had heard some verbal exchanges.. He could not tell for sure whether it was the Deputies or the S exchanging words, nor could he tell what was being said. Gilbert said that primarily what he heard were radio transmissions . These transmissions being made by the designated marksmen or other members of the SWAT Team advising as to the movements or activities they saw on the part of the S . I asked Gilbert how many shots he heard. Gilbert said that he heard one shot. He then heard someone call oilt or advise over the radio that a beanbag round had been fired. He then heard someone call out or advise over the radio that the S was down on the porch. Gilbert said that immediately upon hearing that the S was down on the porch, he and the rest of his team made their x piw�roh tir"`r„'r DI Dc 00A Ddf DL Dd C)*A Dv my-wnwow pv%" D Dom..' Dcww- n I*w ,q tX *C3 0~1 D R o DVC x ftwoe" Oftwof P ++ci *,?.Own r T..4 Ow ,»fw* Sergeant John Celestre - _ — 0051 !f'�'—S 'Y.'7•�F,� .....'tet..`"''4•,"'Vlw'1�._'}`�.. .,. -'l ....... ��"'y;�. 'y"�,3R•.j��., �lsc���'= 'i.aa_.rk„� �x t o u� «� COTC."d 3 Gn*ra+Gar.rr+rcre,., L1+r. Y LLi31a r Ow 95-10679 Cen - A. ' ' 6 * +►b- HORNBERGER, Brigitte 4/19/95 r ,,,o�aactors of tkcucrence x +fts". F.K) 3f erSon Giav, Martinez A IORNBERGER, Anthony Louis 1 i rr„w►-�O..ase m- trnoovPowd.IiM="rrei F**^d,Loc.Uo+,r.b+r.k-em4w.A^CJI.Chian*, ksne ru&O IW&%Abc%xV*4 Ltr#N✓ ' .X+'W V SC✓ONV4 tii L'*MLrpLpq LMCi Y. wwSaen.W.C.Vv*jft Tris'lom •LST n,F 0 "1rW+G 0-11,X R'N cwt WC).Adcr t;.40-w81 r.C7 CLOrvMQ F.ra C,w'+eda L)Ofto 66--w—nt F`}0,6 rV r� a;Fnr. a K«ia a+rae 6e+c a K rira: l2 Mc.a++7rt tt��: approach to the house. Their intent being to secure the S, to secure the young hostage, and to check the house for additional Ss, Vs, or hostages . I asked Gilbert if he was aware of what Baeta ' s position was at the time that Baeta took the shot. Gilbert said that he was not personally aware of exactly where Baeta was when the shot was taken. I asked Gilbert if he saw Baeta on or near the front of the residence after the shot was taken. Gilbert said that he remembered seeing Baeta on the porch with his Benelli shotgun when the tactical team was securing the S and making preparations to enter the residence. I had been previously advised that a single, unfired round of the breaching ammunition had been located on the front porch of the residence. From prior training and experience, I wasawareof a practice that is commonly referred to as an ammo transition. Ammo transitions are a common tactical procedure with shotguns. An ammo transition will take place when an officer decides that the ammunition that is currently in place in his shotgun is not appropriate or not desirable for the particular task at hand, and the officer switches to a different type of load, i. e. , transitioning -,from buckshot to a slug load or transitioning from a, specialty round to buckshot. I was aware from prior training that the common method used to transition from one type of ammunition to another . in a Benelli shotgun is for the officer to not depress the cartridge drop lever that is located on the lower right receiver of the Benelli. The officer can then rsck the bolt of the Benelli, ejecting the round that is chambered and hand feeding a different type of ammo into the chamber and allowing the bolt to close on the manually chambered round. When this ammo transition procedure is employed, the existing round that was in the chamber is ejected from the U CrwM%ONV^ U Ds L?C nw L7 of L?L Do D v oft"".+ D w» D N. D O@PWW D• D ar l D Ro. Dow- *4 AMOMW Cnow"r P"*+rzv 17.OWU r Taos D �„ Dr,,rrow o„- D&F,,,, Sergeant John Celestre 0052 .r�'.:'�� `;r�r^�'�•�t.?J4'�'`D '���`'����'�""'jt�,12F'3'�{�.+r�Y'.t��x7 if+1M� a;�,�: '' i s � . ar,'i a. .. ... i(jPRr L:iYe'IrpfSnin �"�..r.r. ,.ol„•o. 95-10679 C�C-O" A �tt236`�' .�...,- t ��1.� No �. '•"'"'• "'L ►'W HORNBERGER, Brig t t e - 14/19/95 > t s on of Ucu„x-rence +c •,•.r..c..►.�i Louis 2 Anderson Wav, Martinez a IOR�TBERGER Anthonv WOOOV'404.F.N=T*'sd.F— d.L W-A++i,• .Kure'.Arslc Chantry trsr+C u+*vtrcvrr'c ++ Fvrt.DI Yv-.oeL L)Once Sawwi*•".F}A^" 'Pr• t_. t+r v•Te+s,W x.t4ct,,ow T ov•Loi •L.t O^t?f R Gur*r+c}.►r_ac t;�i.r/*� C7 Cly r'4 G:F��r,<K"�*+r''o''e Gene• h rwc - t2 Fr.c.o...,t Ft1we'1gr. i gun and will land on the ground in the immediate area of the officer. Such an ammo transition would have been a logical procedure,for Deputy Baeta to take, if he was under the impression that his Benelli was loaded with beanbag rounds and he was preparing to enter the residence with the rest of the tactical team to secure it and the possibility existed that he might be faced by additional Ss inside. In such a scenario, Baeta would have wanted to get rid of the beanbag round that would have been in the chamber of his shotgun and transition it' to either a buckshot or a slug round for the tactical entry. 6 I asked Sergeant .Gilbert if at any time he saw Deputy Baeta doing an ammo transition with his shotgun or manipulating the -shotgun in any fashion in an effort to do an ammo transition. Gilbert told me that .he did not see Baeta doing a transition to a different type of ammunition, nor did he have any personal knowledge of Baeta doing an ammo transition. I asked Sergeant Gilbert where the S was when he and the ' other team members got onto the porch. Gilbert said the S was lying on his right side and at that time, he did not note any blood on or around the S , and he was still operating on the assumption the S had been hit with a beanbag round. Gilbert saidd that after the S was secured and the house was secured, the S was rolled over and at that time, Gilbert realized that S Hornberger had received a serious injury to his right upper chest and that„.nedical attention was immediately required. Gilbert stated that fire and ambulance were called and upon the realization that the S had been seriously injured, the officer-involved protocol was invoked. D, D= Do• D QL QQ DNA MY Do =arm, C3VW* CIA- DCOWW Q r*t..-qt: D Kx 0~1 D tea. Q we x +r t*�w ,t.OWN f Toro t".ir+ { t+ - D�em".., Q Sergeant John Celestre I Dpt,M. � ms's� !*w+V to s.+.• ►w �t,.a.= f�--A 0053 a^;"f•+ R"�"YT'� �`^yr"i�X'T���„�'.����.1.= � .i:, i..�r�ai.�.c,_,s�•'' �1...•._ i.- r i. — {jam,_= _.�i..,,}._. y , ._.m.r. . . _.s..... ....1s....c K'���,+"d''��`�'•�_,"`�;_c�?'S�i.,v�'=1'�'�s��� '^'� ydF'k•�'�•�`��'J'�+'w�'�i,�L.`�.+�J+�.'Z�''7r� , -'�. f�] 3A 95-10679 =Cen . 7Caw Or4 HORNBERGER, Brigitte 4/1-9/95 / I ne-Ation of D_-CL,—_rCMe IC "al-I I PON" 22 'F C,'A RO_IF_I�tERGER. Anthony Loui_,:�_ Kncerson way, Martinez, D"VVUCV�.LW CLoear* Fo%.0, V)C*%" &SWIPM­%.rI T-V K i asked Gilbert about the shotgun that the S had been armed with. Gilbert said that he believed Deputy Thorsen was the one that had moved the shotgun off of the porch, but he was not aware if Deputy Thorsen had unloaded the weapon or manipulated the weapon in any other fashion. At this point, Gilbert was asked about the packaging of the beanbag rounds and the shot-lock rounds and the appearance of the individual rounds. Gilbert advised that both types of ammunition were kept in yellow five-round flat-packs . He said that there was printing on, the box that indicated what type of ammunition was contained in the respective five-round boxes. Gilbert said that the beanbag round had a T translucent white outer shell and that you could see the red compressed beanbag round inside of the white outer shell. * Gilbert said that the breaching round also had a white translucent shell but opacrue or tt I you saw no underlying red coloration. Gilbert said that both types of shell had printing on the individual .rounds themselves indicating what type of ammunition they were. Additionally, Gilbert stated that the breaching round was a high-base round and that the beanbag round was a low-base round. --We asked Gilbert if prior to Deputy Baeta taking the shot at S Hornberger, negotiations had been in progress. Gilbert advised that negotiations had been ongoing between the S and members of the Sheriff ' s Hostage Negotiation Team. We asked Gilbert what the S ' s demeanzr and actions had been during the course of the negotiations. Gilbert stated that the S had seemed agitated continually. The S had moved in and out of the residence on several occasions , sometimes -with a gun and sometimes without a gun. It was asked if the hostage negotiators or someone else on the SWAT Team had given a specific order or indication advising that negotiations had ceased or were not progressing and for the shot to be-- taken at the S . Gilbert U AMW�T� OR C)CnaC)DE C)L 00 C)SA OV 0 V . V%M M kMVPft= M AO. M Corepw r3p.— Ck C)Acs 0~1 C3PLO 000%wy P"w 17, 1 Tafte POOP U Z� r3ftwVC"MOR OC~ OV_ Dow OP" Sergeant John Celestre 7�Ago W- &.0-P—'V �I 2 Gh Gw l.C�**vlCsrr++oem, tt s Gsy►, ..�.� c nt �'aR► 95-10679 Cen A z I , b HORNBERGER, Brigitte 4/19/95 Lion of Uccir.-rence x $�•00` Iw.w.C_F.#A1 0172 �erson Way Martinez a HORNBERGER, Ans tri,,+nSrC.F�'+�"� F Q.LaGA.rw. •K+"t+'.1roeJ� C.,� AW1b-&MVUaU'VAN;Srcwr'{IiLCf1ltJrnbr,jwtia'N„ri>r,V�5r+5two�sa+�+v++an.lxatic- tt.r•TMS:W.M.rCk44 Tau'Low .LJCT hr F0::.-*NWG+00%Xk ly CwM Wr C).wOU&I;-W-0a1 Nr'+ Z ofot i -4-0M.'f)Ike 44 Tbi r a: advised that it was standard operating procedure within the SWAT Team that when an officer was going to be attempting to use beanbag rounds, if the criteria that had been given to the officer presented themselves , then the officer was to take the shot. Gilbert said that there had been no indication that negotiations had broken down or had failed and that Baeta had simply responded to the directions that he had been previously given and when the opportunity had presented itself, he attempted to disable the individual with what he thought was a beanbag round. We asked Sergeant Gilbert about his training and experience with SWAT and/or other tactical training that he had received. Gilbert advised that he had been on the SWAT Team for approximately ten years. He had been a team leader since 1992 . Gilbert said that during his time with the SWAT Team,. he had held several different positions, including point man, entry team member, and gas man. Gilbert said that he had received training with beanbag rounds ;as part of his SWAT training. Gilbert stated that he had approximately 200 hours of specialized SWAT and/or tactical training. We asked Gilbert if he was aware of what became of the ­Benelli shotgun that Deputy Baeta had been armed with. Gilbert said that Baeta turned the shotgun over to Sergeant* Rich Woolard, who then, in turn, turned it over to Patrol Sergeant Jahn Fulwider. We asked Gilbert if Baeta had made any statements concerning the shot that Gilbert was aware of. Gilbert told- us that Baeta had advised Sergeant Woolard that he was the one that had fired the shot and that he had taken the shot with a beanbag round. The interv.i,ew with Sergeant Greg Gilbert was concluded at that time. The audiotape of the interview was subsequently placed. into evidence. At 7 : 38 a.m. , 4/20/95, D.A. Inspector Ted Spyrow and I interviewed Detective Mike Costa, who is a member of the OR .CC Da DOE DL Do O&A Dv D r me" D w.» D ft- ©.k• D D�...rqq eh� D,cs D~l Q RD a++e x ftwo q DOP-Y F-W v.a.. r Tr.w WOW y �s D*ter owr D C.+•O a&. D rr.r.+.+'.•+t Sergeant John Cel es t re 0055 L .oma -- <. ' Leoa _ 4 Dow, t CK froi.CGS*+'G a�eor*yn t+c> 95-10679- Cep c... A ' : b 1.caa.or+F � tw '.o. HORNBERGER, Brigitte 4/19/95 tion of TJcGLr_reme '� HURNLAW-meBERGER, 6A) AA r2 A Gerson Wav, Martinez d yroa,,,,a.e.R.c�-.�h�+a.sx�.wT.ww+o.•.upu� e,�rd+.y fr.ne bW.. w�"L.ct�x�'t wA++k�+�r.sou•K.,++t+r.v -+os a..vo+,a,.ucs vc +�,...-...,w Ga.r+c�a.Tou`low .lSt r:F p;a Aww;,o+..`�f R�V G,rr w+c}.►.x:t;Jr.Mry�G7 o•aR++np F.-%.0, C)oma i&OV*w'1l R A&" TV, e u E.r..o�.-rt rr.rr+r i Hostage Negotiation Team. The interview with Detective Costa took place in the Investigation Division Library. Spyrow, Costa and I were the only, ones present in the room at the time of the interview. The entire interview was recorded on audiotape. I asked Detective Costa to give me a brief narrative of his involvement with the call-out and the subsequent shooting. Costa told me that at approximately 9 : 30 p.m. , 4/19/95, he had received a page from Sheriff' s Office Radio advising that there was a SWAT call-out and that the Hostage. Negotiation Team was also to respond. Costa said shortly after having received the page, he received a phone call from Sergeant .Rod Carpenter, the head of the Hostage Negotiation Team. Carpenter confirmed there had been a call-out and Costa was to respond, along with the other Hostage Negotiation Team. Costa said that he arrived at the Field Operations Building at approximately 10 : 00 p.m. Costa said that he responded to Anderson Way with the rest of the Hostage Negotiation Team. He said that when he first arrived on-scene, he contacted Brigitte Hornberger at a neighbor' s house. He couldn 't remember the address of the .house. He believed it might have been 223 . Upon further questioning, I was able to determine that the house that Costa contacted Brigitte at was located two to three houses east of the Hornberger residence. Costa said that he spoke to Brigitte, got some background information on her husband and on what had happened. He then returned to the Command Past. Costa said that upon returning to the Command Post, he was assigned to accompany part of the tactical team and take up a position in front of 222 Anderson Way. Costa said that along with SWAT Team Members Mike Baeta and Chris Thorsen, he responded to 222 Anderson and that he took up a position next to a blue pickup truck parked in the driveway of the residence. Costa said that he held that r_ �y C)It DL DCbk DC* DL r)0 ca Ic ---------------- D h ww}O« D*A= =3~1 D R 0 own*, r}i+IC A�r�n'n4 Cr+u*f p�.+t1 11.0�*i r T ww w►+r II n DG"w ow_ Ow Sergeant John Celestre n owr w Me+ sr►. r r e+V is s.». «w s,.Cow z_ �..._ 0056 ..'d:.S?ss H,• 4t. •i "r:''' a.C'..« v.- z u� t.`a.c . �: i it r.• �.3�vwo rY� !� _ 4*^i Y Y '.__ v_ ^'fi'4�2 ��..f.Z'�:!1'�z'"' kG�'�«`�+*�t,T_ri��s�. ✓"ttii.?'R"!5�i��S:K,�•.�=.2^3����'Yu:5u7•[�-a�Tr-s>«.£ x"' 3 �� 1. 05-10679 Cen 7.can Ory{ kope-t w HORNBERGER, Brigitte 4119 S � L1a�Woa'���rt�rje��L�A ">t 2 3�ersoNBERGER Anthony s y *,,p. 'dod.PA=P Ktd Fv,*4.Lor-U:� • .li.x#af•.4'4cJ" d � 1'd'+�r1Git�'LY n.+IaCLKK t M-0.1,M tiJRLdM'.f.Iai'1'1d'R1!',Lt w.'7/f1c"+rr;rtlt Dw Vlpu0•1.LXl v- M^w&TS.&W.W.l,hckuW Toy'Lam .LST th FOLL.a�CW.Xk A)COmV-4 f.++oLa t,.Mr.Mry.C1 ^G FJr1 C,WrC OAC 4.+A+**nt rl A&6.0 Tbt r,. p;rrk-S.K OoKot t t�ac l2 Aw—*,w-W.PtMO'V I position for approximately an hour and a half. Costa said that several times while he was in that position next to the blue pickup, S Hornberger came out of the house onto the front porch and then went back into the residence. We asked Costa about the final time that S Hornberger had come out onto the porch. Costa said that the final time that Hornberger came out, i. e. , the time when he came out and Deputy Baeta took the shot, Hornberger was holding what appeared to be a shotgun in his right hand. Costa said that Hornberger. was holding the gun in the area of the receiver and that the gun was held basically by his (Hornberger) side. Costa said that Hornberger was moving the gun around somewhat, but that he never took what Costa referred to as a "aggressive stance" with the gun. Costa said that by this time, he and Deputy Thors--, ti - a moved to a position near the front of the truck, Baeta was somewhere to his (Costa " s) left and sli behind him. Costa said that he was attempting tc verbal contact with S Hornberger: He was tellinc to put the gun down; that they weren't going to r solve anything as long as Hornberger had the gun and to put .,the gun down so that they could talk.: Costa said that the S never responded to any of the statements that he (Costa) had made. Costa said at that point, he heard a shot and he saw the S go down on the front porch. Costa said when the S went - down, he, along with members of the SWAT Team, moved forward towards the residence. Costa said that the S wag secured and at about this same time, the S ' s small daughter, Jessica, came out of the house. Costa said that he secured Jessica and took Jessica up the street to the residence where her mother was at. Ds Dc Da► n'" n' D••..Mr o", n,n.,t n w►swct n i. n c., w D**q.rtr a. j]•es n~1 n RQ. n we x papa%I cm% T r—'Q i?.Zwv i T.o nF,r,� CW_ D�,,,,pow" Sergeant John Celestre nes,,,, .� n,...s s�.» ,r„r� to s.w• ao n,a= � �� a�` .'m rr,.,"_'`^"`'!�:•"�.`!�.tY� `ate.'-• ,L,„ 1<. .S»,y 'i.'~"S •..^ _ ��..,,,•.. -;,..r,' _. _ r .. 14-14 DA 95-10679 Cern A 236 7.cow 0" HORNBERGER, Brigitte 4/19 5 of pccu►:renc� IC oftoGwo A E:RC_ s Anthony MOER ,_ TbIli Tm a-erson Way, Martinez. CA p*,,%d.Loc liar . k0m.k_oribe,. E)DFIC040-M—L F)A&" rV, w-ws Tour. -LAI jkF0"_-A4V4 Oates t Iz We asked Costa if during the hour and a half that he was positioned in front of the Hornberger residence, he had been successful at any time in making verbal contact with S Hornberger. Costa said that when he first arrived at his position in front of the residence, Deputy Thorsen was already in position and was talking with S Hornberger. Costa said that almost immediately after he arrived, Hornberger had gone back intotheresidence and shut the front door. Costa said that several statements were m'ade by the S during the negotiations process. Costa said that -several times , S Hornberger had made statements about not giving his child UT). Hornberger said that the police would simply give the child back to the people who had been molesting her and making statements about the police, his wife, etc. , all being involved in an apparent conspiracy against him and that the police would do nothing to protect his child. Costa said that he told him that he was aware of the molest allegations that Hornberger had made, and he told Hornberger that the allegations would be investigated, but what they needed right at that time was for Hornberger to come out becausetheycouldn't settle anything under the circumstances that were currently at hand. Costa said that several times during the period he was in front of the house, Hornberger Came out of the front door of the residence and stood on.,the front porch. Costa said at one point, Hornberger came out with his daughter, Jessica, Clutched in his left arm and holding the shotgun in his right hand. , Costa said that they tried to talk F J,ornbergef into giving the child to him (Costa) so they could get her out of the situation. Costa said that Hornberger' s reply was that he would not give his daughter up because they would simply turn her back over to the people that had been molesting her. Hornberger also again stated that his wife was involved in the molestations. .- 1:1 or . DL 00 IMOA OV or swo"imp D -------- rnp"vrcx r3*= o~1 &_­geant John Celestre ri.Dow 0058 23 --------- C &.4000 4 ftm~L_F.hAj HOPMERGER, Bri gi t to 4!19 S n t -' I A4 Lion of Dr-cu-zrence HORNBERGER, Anthon-y' LotLj _,� I [ 95-10E"OT-22 Anderson Way, Martinez, C-k Zamp 00-- AO=VTWV&F*^d.Lzw,2W.*,.hwt K.-v:w.A^cjo Ow&nst, 1krame,' Nmzw &W-4!4.Mb- Lac,V . We-ws!"ior.VWA.kOAU Toss'los -LZI ft FOL"'WIWO DA--IEPL F.0%.0,VVI-Oba.r)0"" cl:r rue.-%. aaw% t b6at We asked Costa what his personal impression of Hornberger was during this time period as to his thought process actions , etc. Costa said that Hornberger appeared to be very paranoid at the time. Costa went on to say that he was aware that Hornberger had allegedly been using methamphetamine. Costa said that he got this information from his brief contact with Brigitte Hornberger prior to his deploying in front of the house with the tactical team. Costa went on to say that Brigitte had told him that to the best of her knowledge, the last time that the S had used methamphetamine had been approximately 11 a.m., the previous day. We asked Costa if the negotiations had been ongoing with Hornberger and if there had been other negotiators interacting with him. Costa said that Deputy Gary Arroyo had been the primary negotiator -and that there had been an on-and-off- dialog going on between Arroyo and Hornberger over the phone. We asked Costa if he had any personal knowledge of S Hornberger making any threats against any officers or anyone else. Costa said the only threat that he was aware of was at one point, Hornberger had said to the officers for them to get their Watch Commander there and Hornberger would shoot him also. Costa said he is sure that Hornberger used the terminology Match Commander. Costa said that it was his impression that Hornberger felt there was a broad conspiracy against him. We asked Costa if at anytime during the negotiations , Hornberger had stated who he felt would have molested his daughter. Costa said that Hornberger mentioned a Roy Bennett as the individual that had molested Jessica , and Hornberger again said that Brigitte, his wife, was in on the whole thing. Costa said Hornberger also made statements about Jessica being sick because she had been molested. C* Dl o 00A DY 0 MM"M b" V-00 [3 No C)AN 0 CWWW 00186=%r0. CIA= 0~1 OPLO DOW- VL AMM-P- OMUOT fp— 17.Qww Tafto VP Sergeant John Ce-lestre 0 0059 0., �0. r.u. ccx ay 1;FIAruns:.�.., ,�. ... .�.....�•-,.�-- u^w � Att r. i Cty C wa.&r*cnsn I D+r►, ? L 4 ' ►v =9!5!-�1�-0679 Cen A , 6 .�.,.: No HORNBERGER, Brig7.Dam or4itte 4 195 t ion of 'Occtr.remeqT HORNBERGFt` Anthony 22 Anderson Way, Martinez a 11 ►'esrC+�f�'�'�t Fi./��G►,L/saR1�-+ora Dnvw y�,v,rcy,C. �F +6.Lem fs�+�^•h+*•►1-"rte'.I�bcs� Ouanr^ �snc�LWl'W•+.+S+c9ss't 6tool K�nUr.i�+a o',.lata,o �av►.:wr, w+r+i+t,L)O�c+ iws�*+�L F�I►��e TvL W.a.f� ts So 'Lom •LAI k FO"DWWG C+LXPL/J C.n W'c ftxa 1;.4+Mrr a;rev&—&. Godot �mac is A.co-wvg F I opm 4 Z We asked Costa if he was personally aware . of any orders or directions that had been given to any of the SWAT Team Members as to when a shot could be taken at Hornberger or whether a fatal or disabling shot was to be taken at some point, etc. Costa said that he had no personal knowledge as to what set of orders or criteria had been given to the SWAT Team. Costa said that in most cases, it was standard operating procedure for the SWAT Team not to tell the Hostage Negotiation Team what type of a tactical plan they had in mind. Costa said this was done so that when the Hostage Negotiation Team Members were negotiating with the S that they couldn 't inadvertently give the S information or indication of what the operational plan or tactical plan might be. We •asked Costa who had operational control over the entire situation. Costa told us that to the best of his knowledge, operational control over the entire call-out rested with the Assistant SWAT Team Commander, Serqeant Woolard. We asked Costa how long S Hornberger had been out c porch at the time that Baeta had taken the shot. c that ,he estimated that Hornberger had been on the i approximately five to ten seconds , when Baeta took We asked Costa for an estimation of the distance: involved. Costa felt that the distance that the shot was taken at was. somewhere between 35 and 40 feet. We asked Costa how many _ shots he had 'heard. He told us that he had heard one shot. We asked Costa if he had heard anyone, either by voice or - over the radio, give an order or a direction for Baeta or anyone else to take the shot. Costa said that he heard no statements made at all. He then added that his portable had been turned off, due to the fact that he did not have an earpiece and that if he had his portable turned up to where he could hear it, it might also be possible for the S to hear the radio communications . ,. o....,.�., .D, DC C)CA DC* DL DO D�� Ro we ,�A�*�o�•��.'.�, •n.a.+. �t.....r..� u :,.� n D � Sergeant John Celestre C` D o.�.• w •�•..s s..•. r*.,u � s,w. � n.Caw � NO �`,.;. .S•.ti 3S:Ir'"'�' � 2S"" �'' �y�}�` ?� b. '�`:r;�i+,°_'�..+;` ;"7it�"� �? •3-�: z-�.: �✓� r ��,.y�� .,.. 1.3.;A%r�-..0 r�r t �'� �Yr��'�'L�a•_1�� �ti�t'���.�_. Do 41 w' 0.C.4 L. CW 1,N4. 95-10679 I A,D-IL. 75 gj�Pft T.0&a Ory Amp- HORNBERGER, Brigitte0 4j79 95 it A ion of tr-cUtTeme IC CA _r22'Jfctlerson Way, Martinez MOERGER, AnLhoLiv Louis I 0srv"rL L,:.r &4,MW,90-4:Korkbw.WX-'Of%L*-=%4 k6� .&wr. Mci 1 0 W&A*) Ir&P4 "&U'64%Abct-11 Vr -a.Pvc*%44 Tow'Law L= P4 F D Lj_7� O.KX k AJ C.n p4akfiL jo,og rr.L)Owwr-.rig F n.0 fia-MIr-I'L I)AO 04 Tv r--w­ML K 44-00*vol 000M A Mac We asked Costa if at the time that Baeta took the shot, Costa could see the S ' s daughter, Jessica, anywhere on the porch. Costa said that at the time Baeta took the shot, he did not see Jessica anywhere in sight. He said it was after the S had gone down and they had approached the porch that he saw Jessica. He said he believed that SWAT Team Member Vic Fernandez had picked Jessica up and handed her to him. Costa said he then took Jessica down the street to the residence where her mother was. We asked Costa if he had seen where Deputy Baeta had gone or what Deputy Baeta had. done after having taken the shot. Costa said he didn't remember seeing where Baeta went or what Baeta did after the shot had been taken. We asked Costa what nosition the S had been in when Costa and the SWAT Team Members had approached the porch. Costa said that the S was lying on the porch with his head towards the front door of the residence and his feet towards the steps. Costa said the S ' s shotgun was laying across his lap. He said he remembered seeing Deputy Thorsen take the shotgun. Costa said he then took Jessica down the street to the neighbor ' s house and when he returned to the Hornberger .residence, he saw the shotgun laying 'on the ground in front of the porch. Costa said that Deputy Thorsen later that he (Thorsen) had cleared the shotgun after he it from its position on or next to the S . We asked Deputy Costa if he heard any statements me Deputy Baeta after Baeta. had taken the shot. Costa said that he had .-not heard any statements made by Baeta after the shot had been taken. We again asked Costa about the position the S had been holding the shotgun in at the time that Baeta took the shot. Costa said that the S . had the gun pointed generally in the direction. o.tc the ground and that he had never brought the 0 0A DVC DL Do 0&A DV or Napo& .Dv-w* c3fto C3,00T C)Owww OP-1—,rck *AL hww ON"IP Z*% I T me P Owwo, 0 casow Onc- 0 wo Pw Sergeant John Celestre Cow 1. ft aft— -U. WX JV%WAVUM&Z. )A L 4, 3-C 95-10679 lCen A.D.14-. HORNBERGER, Brigitte 4/19/95 r2 2 Anderson t ion WO a yMartinez"O r-cLrHORNBERGER, Anthony Louisq , ve,ws Uwr.WAJNO�wO Tow Low -LSI N E)00-61 50-10"It1 F)A&&-c T,% cl;rrws.-ML K 4�­w+�0 A.C.P.-W-14 P low 4 4 muzzle to bear on any of the officers positioned near the residence, but the S could have brought the gun to bear at anytime. We asked costa if he had had any prior knowledge thit Baeta might attempt to take a shot at the S to stun or disable him. Costa told us that when he first, took up the position in front of the house with Deputies Baeta and Thorsen that Baeta advised him that if he had the opportunity, he would attempt to take a shot at the S with a beanbag load. Costa said that Baeta told Costa and Thorsen that if he did take the shot that they would have to immediately move in and secure the S . We asked Costa if Baeta had indicated to him whether the idea of taking a shot with a beanbag load was something that Baeta had been instructed to do or whether it was something that Baeta was going to do on his own volition and/or judgement. Costa told us that he had no idea whether Baeta had been instructed to take the shot if the opportunity presented itself or whether this was something that Baeta had decided to do on his own. Costa:, did add that Baeta had passed up one opportunity to take a shot at the S with a beanbag load. Costa said that ,on one of the prior occasions, when the S had come out on the porch and then gone back inside the house, he had asked Baeta why Baeta passed up the opportunity to shoot the S with a beanbag load. Costa said that Baeta explained to him that he didn 't take the shot because he felt that his chances of success were- not high enough. Baeta said that he didn 't want to take a shot and miss the S completely or not be able to stun him sufficiently, because if that were to happen, it would simply escalate the situation. We then talked to Deputy Costa about his experience and training with the Hostage Negotiations Team. Costa said that he had been on the Hostage Negotiations Team for six to seven months. In the area of specialized training, he had U AMMOOVC';6Z;� ns C DA, E)cc DL Da 0116"k1ca. C)A= r3owstj OPLO =low- *4 Awns,"q O"kAy P-W 1?.0" 1'rpm WIN- 0 OWN 0 mow„ C)C40WO Cwt Sergeant John Celestre AOV Von &A" P"MQ 29 &WV- roe) �}[sK.r:tiis+o^ 'P.O. BOX menti UA++er 95-10679 cern A. : 236 .�,.. HORNBERGER, Brigitte 4/19 9S j ! tion of taccLxrence ����•^•�-r.�r ' 2na rson Way Martinez a HORNBERGER, Anthony 1 ,1 Prop"a..v Ks=fvve Xw+++d.Ur+ UZ4 •aper.P4.or *.Aftcr• C,w++� k s}+e/ws,'w•,�x4,rM't L4raw K.+n+d+rr.&*' M,�+1c 'V r►�r+s..o.,c b..vauo/,. tit•r•p'a"r.W.t.ho"**Sou•Los •ULI k FO;. YwO O+—'>f k N Co•ency.►rat.R,-*wffrr.01 060&v^G Fn,D,VV-00p.P Or%+ b%.V-V tt rl Ra" T1rp pr._ 12 A C.Awe p[P.OWN 1 attended a 40-hour school specifically on hostage negotiations. Costa said that he had been on approximately six call-outs involving the Hostage Negotiation Team, but that this particular incident was the first time in. his experience that any type of dialog had been established with the S . We asked Costa if there was anything that we had forgotten to discuss with him concerning the incident. Costa said that the only thing that he could add is that he felt the S had almost been taunting or egging the police on to shoot him. Costa said that he felt that the last time when the S came out on the porch with the gun in his hand and ignored the repeated orders to drop the gun, the S was almost trying to goad the• officers into taking some action. Costa used the term "suicide by cop" . We asked Costa if, in his opinion, the S could have posed a threat to the officers on-scene or anyone else on-scene. Costa said that in Lhis opinion, without •a doubt, the S posed a threat to both officers and civilians alike. The interview was concluded at that time. The audiotape was subsequently placed into evidence. At approximately 8 : 27 a.m. , 4/20/95 , D.A. Investigator Spyrow and I interviewed Deputy Mike Baeta in the Investigation Library at the Field Operations Building. Present in the room in addition to myself, Spyrow and Baeta was Baeta ' s LDF Attorney, J-ohn Tennent. The entiz interview was recorded on audiotape. I advised Deputy Baeta that our interview was not. administrative interview and that Baeta did not hi speak to us. He had the right to refuse to be ini by us. Baeta indicated that he understood that, ana ne agreed to the interview. D11 DC DDA IIC* CL DQ CSA Dv D P M01r ck D ACX 0 00*1 COLO p we x AWVM to �*r�rw ,�.a.. r Taw*V" u D 0--Own- p C4,00 app Sergeant John Celestre O'� --,:i:i c .._.. �. ..__..!.ury.,..:w...t:.LsS:dlL.4a..�".._is2'_`>.x=.:,�`�:�i`�Ci` i1�v+�,�� .t'4x:�.�.f utY� 3 .. '� ;t ;,•is S''.�..F'�t''"S.a. .+['h.-.1/7'rj ! ''•.. . 50i 391.r Naris,. �.+►�� �...,.» .--.�... 1.G��*+�JC.W*Cllts� i Cir1�'� •G .�1� i � 1 iVrCJsa. 95-10679 Cen c.« A * '�•*- �. a� r.K HORNBERGER, Brigitte114/19T. C*WON 95 h1 ►•s' �, t f tion of t cur:rence ,c .rw. r..i, �2 �rson Wav, Martinez A HORNBERGER, Anthonv 17 pmv" Dowww- o++i+c,oamd.P-074^04 r^w^d.LaaC TL'AW.•W+ N-rbw,.AOW.Ji.0,*^ , lra++G IU&U JW NA44 xr' djM.,W-.&V-W 4.IM1G+e'.LIi."+Kfs'rxt Cwtrpup.y.LKst o- *-wI T&6w.W a.pcf,Ss IM-LCC •LxI h FDLLCI* G CSR Aa Crttr,cj.kows,1;Jry 0Fr.CZ Cx**ur* F-Or%-D1 w'4C*"L C)0"" iw.rv+*+�t�r►.Mp TV r�_ K" .w+c►0 0-oam q Circ 12 F"4-V-04 rim" r i Baeta told us that he had received a page from Sheriff' s Office Radio at approximately 9 : 30 p.m. , 4/19/95, in relation to a SWAT call-out. Baeta said that he called Radio and was advised that there was a SWAT call-out and that there was a barricaded armed S on Anderson .Way in Martinez . Baeta subsequently responded to the Field Operations Building, where he met with the rest of the tactical team. He changed into his SWAT gear and then, along'. long with other team members, went in the SWAT van to the area of Anderson Way and Arthur Road. Baeta said once at Anderson and Arthur, they were briefed by Sergeant Gilbert as to what kind of situation they were dealing with. . Baeta said that they were advised there was a white male adult S barricaded in the residence. He said additionally, they were told that the individual was possibly under the influence of methamphetamine and had been high on meth for several days. Baeta said they were told the S was armed, .that the incident had originated as some type of a domestic dispute and that the S had his small daughter in the residence with him. Baeta said that Sergeant Gilbert requested that someone take .one of the Remington 870 shotguns and load it with beanbag , rounds and take a shot at the S with the beanbag round if certain criteria was met. That criteria being that the individual was hostile, but not presenting an immediate threat to Sheriff ' s Office,personnel or someone else or if the individual was suicidal and threatening to harm himself. Baeta said that he told Gilbert that he was willing to attempt a shot with a beanbag load. Baeta said that he told Gilbert that instead of using one of the Remington 870 pump shotguns, he would use the Benelli Super 90 shot assigned to him. X DDA DoE DL Dp DD DV Dom., 0V%- . Dk- D cW D p."W rI ch, D AA= Q~I D Ro ja wC x Anew 1P q D"+*y P-Q 17.D" r it..wr+t. r-IP �,,,, Do,r,� ow- Dw,,,,rPy,r,, Sergeant John Celestre D o*r M A+art••+�i.+►. !'+�+t) to t.,,., w, 2"1.or� z�. I L C-1 c...9 2- 236 J Cen 95-10679 A W_ - 7.Dam or% 8 HORNBERGER, Brigitte _=4 19 95 L_A,�& 1,cyn-Ation of 'D_-C�Urrame RO-R-NtERGER, In-a-erson Wav, Mar r_ .%W,.Mor�..A^rJG 9rSrd'L"U 6 000*v-dwd. U&I r4 FOLL_-Ws)vO 00-*>EPL A�cvmpr4y kok#L K WA.Oaft" DPW 4 Baeta said that his Benelli was at that time loaded with double-00 buckshot. Baeta said that he unloaded the Benelli, got into the back of the SWAT van, located the ammo box marked twelve-gauge stun bags, and proceeded to load his gun with what he believed to be four rounds of beanbag loads . I asked Baeta why he had only loaded with four rounds , instead of loading the gun to capacity with five. Baeta explained that in loading the weapon, he had dropped one of the rounds and instead of taking the time to try and recover it, he had just deployed with four rounds in his gun, three rounds in the magazine, and one round chambered. Baeta said that he was assigned to go with several. other tactical team. members to the front of the residence at 222 S-4 Anderson Way. Baeta said that he, SWAT Deputies -Dave Brown, and Chris Thorsen then went to the front of 222 Anderson and relieved eved the Patrol. Deputies who were maintaining the perimeter. Baeta was asked if, as a member of the SWAT Team, he had a specific weapon that was assigned to him, Baeta advised that he did, in JE.-act, a specific weapon assigned to him. His I . weapon of assignment was the Benelli Super 90 , twelve-gauge, semi -auto shotgun and what is referr6d to as the entry configuration. That means that the weapon has a fourteen-inch barrel and in the case of Baeta ' s weapon, a four-round magazine. Baeta advised that the two other SWAT Deputies that responded to the front of 222 Anderson also had with them their assigned weapons. In the case of Deputy Brown, he was also assigned a Benelli entry shotgun, and Deputy Thorsen was assigned a H&K MP5 sub-machine gun.. Baeta said that when they got in the position in front of the residence, they had a view of a portion of the living room. He said they also -had a 'View of the front door and porch area of the residence. Baeta stated in addition to the front of the residence, they also had a view of a J__)L 00 DO^ DY Dorte C).#*- DOWWW DWAWI COLO. Osor- Sergeant John Celestre MOV4W Too*"W+V I-0- P"V 0065 WE 'M 17 too D 236 0 V 95-10679_]Cen A. g_j t HORNBERGER, Brigitte T.caw onq; %OO-M ........ Ic $ *Poo A ka"O M5- �nth f 'D--r-urrence HORNBERGIAR Ant-l�nn-y Tniij A4102"2/Anderson 1) Way, Martinez A 9-414W'-ArWA 0'a-ft1k, W�W& f&&Ar.%W j&.p4*joa IOU'Low Ljo IN F OL"C% ++C+00-'>E K A, C6ri artc).NOLML JI,.*W Orr.M 0--Pq E)Off— rtz sliding glass door that was located on the side of the residence. Baeta stated that Deputy Brown covered the side sliding glass door while he and Thorsen covered the front of the residence. Baeta, said that at one point, S Hornbergercameout onto the front porch, unarmed. Baeta said that Deputy Thorsen attempted to make verbal communication with Hornberger. Baeta said he couldn't remember exactly what Thorsen said to Hornberger, but that in general , he was asking Hornberger to come out and surrender himself. Baeta said on this first --occasion, when he saw Hornberger exit the residence, Hornberger came out by himself and was not armed, nor did he have his . young daughter with him. Baeta said t7hat Deputy Mike Costa then joined Baeta and the other SWAT Team Members at their position' in front of the residence. Baeta said that Costa tried several times to communicate with the S . Baeta could not remember exactly what was said. - He stated that he did remember the S talking about CPS and something about the S ' s wife molesting their daughter. Baeta said at one point, the daught-er' came out of the residence by herself. Baeta said Deputy Costa tried to- coax the girl to come down off the porch and go to his position in front of the residence. Baeta stated that the girl then he house. - turned and went back inside t Baeta stated that the final time the S came out of the - house, he appeared to come out by himself. Baeta, said he did not have the little girl within his view, and he felt the S had come out alone. Baeta stated the S was holding the shotgun in one of his hands. He could not remember which one. Baeta stated the S was holding the shotgun near the trigger area, and he was holding the barrel of the gun basically horizontal to the ground.- Baeta said Deputy Costa VC DL no nbA DY 0 fto C) C)OWWW E)~) C)KO DOW- Or fo rp Sergeant John Celestre CC Dow OWN 0066 iRl� I Zl AILM t CA Oft. 05_14679 Cern A. !IQ _L�" ` '�... yeivw hr ..JLf.W _ 1.o..o" Frwrt HORNBERGER, Brigitte 4119 5 � f�2 '�t�lo" '"'"""a-'•"2 n ta'av, Martinez a HORNBERGER, Anthony G }nrcr�,*a.C. *�F'�+'+d•Lam 2'Saw•W* FL+M.'.lJ't+t`�i Ouant� trv'G w.u'L4�„�aCexr''t u,ocw hw+'nOr.f+-u'�+ar.Ita�-s�rti.c,,,a Dwus+ur`.tacs+.c- Wr ws oaar.W.A.Pck4*TCU'la.. -LAI N FOL4ZW^P+G o+RJf R Aa C M WIC).+arae i;JW—Io*r.C)C+aev^G F✓%.Di W•rlaa-Q Oma iq.r+C+++tet tl+taw 1'v� rte. Q; t2 A.c n�+rnc F W WW-q 3 continued to try to negotiate with the S. He said Costa was advising the S to put the gun down so that they could talk. Baeta said the S was becoming more and more agitated at this time. Baeta said at this time, Costa and Thorsen were positioned near the front of the blue pickup that was parked in the driveway of the residence. Baeta said his position was behind the cab of the pickup, and he had a view of the front of the residence between the back of the cab and a utility box that was mounted on the pickup truck. Baeta said that he felt that he had the opportunity to take a shat at the. S with a beanbag round. He said he took the shat and the S immediately went down. Baeta said he, Thorsen, and several other SWAT Team Members approached the front of the house. The S was down on the porch. Gaeta said they secured the S and one of the SWAT Team Members . passed the little girl over to Deputy Costa. Baeta said they then prepared to enter the residence and search it for any other Ss, _vs , etc. Baeta said he was under the impression that his weapon was loaded with beanbag rounds , and he said when he had fired the shot, his weapon had cycled and chambered a fresh round. Baeta said he - decided to transition to a buckshot load in preparation of entering the residence. He said at this time, he racked the operating lever on his shotgun, ejecting the chambered round onto the ground. - Baeta said before he had completed the ammo transition and fed' a buckshot round into the magazine, he decided to just go and do the entry with his handgun, so he let his shotgun hang by the tactical sling that is attached to the weapon, and he entered the house with his 9mm semi-automatic. Baeta said the team members completed the 'search of the residence and did not locate anyone else inside the a..,r.e� �+' Ds DC DCA DC* DL Do D1^ =3V D.....wkw Derr- Oft- C) D 0... L7tr-11 oh. C3Ac* D~ D,Lo. Dwc AM W+As 0"6"P Celestre t1.Cww I Tme� „ D a.+.• ,. �..r..r4 s... r..,cf , , ... :iL§yi.zr. -- +:inx'sx�" ..-�'�a fC'.%£'.�'lf��s+ ..f'i' �F+F'x`��'iYs-+•' '�..._,.._„ .- ' �`..^�•-. 95-10b79 j 0. HORNBERGER, Brigitte 4/19/95 10 ----- f r_u-_rrrr_e F.&A) tion D -D_-Way, Martinez, CA o ERGER, Anthonyathony Louisq IOU W&7 P4 FOLL—We-'G D"K NCb0W'4)-AWu&%;'*w0rr-C-)Cuwwmr# Foon.0,VV-060L E)OMCO&aWW-*ML K residence. They then exited by the sliding glass door on the Side of the house and returned to their position in front of the residence. Baeta said it was at this point that he became aware that the S had received a serious wound and that the officer-involved protocol was being implemented. Baeta said that he turned his Benell-i shotgun over to Sergeant Woolard at that point­ Baeta said that it was not until he got back to the Field Operations Building that he realized that the round he had fired was not, in fact, a beanbag round and was actually a breaching round. We then asked Baeta about his assigned position on the SWAT Team and the weapon that he is assigned to and the ammunition for that weapon. Baeta said that he is specifically assigned to the entry team and that his assigned weapon is the Benelli fourteen-inch shotgun. Baeta stated that his weapon has a five-round capacity, four rounds in the magazine and one in the chamber. Baeta stated that -his weapon kept normally ket in the SWAT Armory, except for those occasions when Baeta needs the weapon for a call-out, training purposes, maintenances, etc. When the weapon is in the Armory, it is kept in an unloaded condition with the safety on. Baeta stated that by the time he had arrived at the Field Operations Building, his weapon had already been loaded into the back of the SWAT van, along with other weapons and ammunition. Baeta said that upon arriving at the Command Post at Anderson and Arthur, he loaded his weapoaat that time, with double-00 buckshot. I asked Baeta if he kept shotgun ammo on his personal web gear or in compartments or pockets of his SWAT uniform. Baeta advised that he does, in fact, keep ammunition in pouches on his SWAT web gear and that he 'normally has ten Z)l CC CDA DDE CL CO CIA DY 0 V me" C YWO 0 ko C jww C COMPW COMMIras. DACX C~1 CPLO 010C xAMW Dy,Comm, DC~ of 0 ft-sw Sergeant John Celestre C 'M OOWW"UPW P 0068 aL ------L C_r C 4 Dow, �*" I.. C a a Aar"I"Caer"toolm 95-10679 j Cen A.D tr HORNBERCER, Br_J ki t t e 4/19 95 I A Inc-Ation of Ck_-cuc-rr_me F.M) 1-2-2/Xm-ae-rion Way, Martinez, CA MOMAnthony HORNBER ER W-.0.1'&Aar.W.*.V%Ck4*IOU'Low - LAL7 AjCrTOMC AW%ML r ram,-"IL K M&.&O*AV1 0000% A Mac rounds of double-00 buckshot and ten rounds of rifle slugs in the pouches. Baeta said that when he responded to the scene that the five rounds that he loaded into the weapon came from a box of ammunition that he had in one of his pockets . 1 asked Baeta about the availability of other ammunition for the shotguns . Baeta said that there are specialty rounds available for the shotguns. Baeta stated that two of the specialty rounds that they have available to them are the beanbag rounds and ferret rounds that are used for delivering chemical agents. When asked how the ammo for the shotgun is stored, including the specialty rounds, Baeta advised that the ammo is kept in GI-issue ammo cans on the crash cart in the SWAT Armory and that thecans are labeled as to the contents of the can, i. e. , type of ammunition and the number of rounds in each can. Baeta said that when they briefed at the Command Post.- and . Sergeant Gilbert indicated that he wanted someone to attempt to take a shot with a beanbag round, if certain criteria was met, he (Baeta) went back to the SWAT van, unloaded the buckshot rounds from his shotgun and then went into the van looking for the beanbag rounds. Baeta, stated that he found the ammo can marked twelve-gauge stun rounds and that he then took a five-round flat-pack of ammunition out of that ammunition can. He stated that he loaded four other rounds into the magazine of his we}pon and dropped one round in the van. - He stated that he did not attempt to locate the dropped round, but cycled his weapon to chamber one of the rounds from the magazine and then responded to the front of 222 Anderson. We asked Baeta what type of illumination was available to him in the van and if he loaded his weapon in the van. Baeta stated that the only illumination that he had in the van was the flashlight that is mounted on the fore-end of U AWPO-W10i IDS DC 00-k Mac DL Do LISA my C)PIOWIrch. 'D*= n"I OPLO D we _'K PAPP—q OW-T P-W 17.C*u Tome'00 Ow ID 0- 0 Sergeant John Celestre Ci 0069 0A 236 95-10679 Cen A f= T. 31 HORNBERGEF , Brigitte 4/19/95 �= M& &A) / Inr-A-tion of Dc�cuIC rreme 0 Xn-aer son- Way, Martinez M,-bw,.AMC,, 0,*^Ptl W&V %WJL.rck^IM,LCM -LJO Ouzwewa D-kx PL A}C.- K his shotgun. He stated that he used the flashlight by reflecting the light from it off the roof of the van. He located, the ammo can that was marked as containing the stun rounds. He then extinguished the flashlight, took the ammunition out of the can, and loaded his gun. We asked Baeta if the SWAT Team had previously trained with using beanbag rounds to attempt and disable a S . Baeta said that it was something that they had talked about and rehearsed in training. We asked if they had ever actually used beanbag rounds on a S during Baeta ' s service with the SWAT Team. Baeta said that to the best of his knowledge, they had never had anyone load up with beanbag rounds- before or at least not in any of the call-outs that he had been involved in. We asked Deputy Baeta if he could describe the weapon that S Hornberger had been armed with. Baeta said that from his .. position by the blue pickup truck in the driveway, the weapon appeared to be a shotgun. He could not give us any further description as to make or model. He said that he could see the brown wood stock and what appeared to be a single-barrel on the weapon. We asked Baeta if he had informed any of the other individuals that he had been posted with in front of the residence that he would be attempting to take a shot with a beanbag load. Baeta said that he advised Deputy Thorsen that he had beanbag rounds and that if an opportunity presented itself and the necessary criteria was met, he would attempt to -make a shot with the beanbag round. We asked Baeta if he had passed up any opportunities to take the shot prior to actually taking it. Baeta stated that there had been two prior occasions when S Hornberger had come out on the porch that Baeta had passed up the opportunity to take a shot because he did not feel, that the r3 t* r-)L 8^ ID Y [Di%-VfCk DOC$ C)~I t Tom P OWNW% caw* 00-- Sergeant John Celestre . I -- L, -1 vs A**rr"&W- P, K: 0070 `{i-umm w ' .. -•i.�. OK7z ,371,w �.....�r,. ..—...� -_- - - _ ICr,Crr+ 1.GrY*r�C7nr+rons., • Owr.' 4 t 4 )A L Nc1eL 95-1067-9Cen A _ 7e .�.,._ , "``• • �.ro HORNBERGER, Brigitte 4/19 9 5 IA Lion of 'LkcLnreme z �►"+•' aA-F. A) '22 �rsan Wav, Martinez HORNBERGER•, Anthonv Louia yroo vh 4 4.Fw=YMr7Q F*.-d.Lar,Uzt w^.h—.k-ombe'.AftcJ4.OW&AVRY kW%C,WA"'64%AA CS V, 1 ZOO Nvmbw.&W"4:4-r tw V SCOA&'^iip,•i Do%W uon.LAC, %,%Wg A CS%,%W•Ty.W.W.4.PCkw*.sou an •LST 1k FOW.DW.+.4 Da,>ER N C.nW,4).ftX.ML t;.iv,07.C)O e„m, F✓a.D, OMCG i%-Vr W%.F)A.«o f1+► r;_ Q;r,na-iL K*+�•+�c*e t3aoo. 11 i.+.ac conditions were right, i. e. , position of the S , presence of the S ' s daughter, etc. I asked Baeta if he had any estimate as to the distance involved when he did actually take the shot. Baeta stated that he estimated the distance to be fifteen to twenty yards . I asked Baeta if he could remember what his sight picture was at the time that he took the shot. Baeta advised that he was holding an on-center mass on the S ' s torso when he actually took the shot. I asked Deputy Baeta what SWAT ,-experience he had and what specialized training he had in the area of SWAT and/or tactical operations and specifically what experience he had with the shotgun. Baeta advised that he had been assigned to the SWAT Team for approximately one year and during that entire time, he had been assigned to the entry team and his assigned weapon was the Benelli shotgun. Baeta said that _he. had attended the .Basic SWAT School , which was forty hours . In addition to that, he had attended approximately three other schools over the- years that dealt with building entries and/or - high-risk warrant entries. Baeta said that in the area of the Benelli shotgun, he had recently attended a forty-hour tactical shotgun instructor school that was put on by Heckler & Koch. Heckler &Koch being the U. S . distributor for Benelli shotguns . Baeta said that in addition to this, he had attended in-service training, either as a member of the J, Team or the normal 24-hour yearly updates and that in both the J Team training and the -advanced-officer updates , he had received shotgun training. We then asked Baeta about the specialty ammo that was available for shotgun and the specific training that he had gotten in regards to specialty ammunition. Baeta stated that in the forty-hour SWAT school , he had fired approximately twenty rounds of ferret ammunition. Baeta stated that he had received extensive training and had fired FF. ''' u n...uwo-n r�wwr np D• Dt D04 E)C* DL Da C)*A Dv 0& soap%" D wr. D No Dj.• D OWWW D 010"q ek C]A= D Ma7ti D SLO. D 60C .4 AMM-1p,0006*001 17.or, ,Two.M.n D,�,.�„�,�,., Dom, D,,,,�,,,, Sergeant John Celestre 0071 -r_^h�?t•`?'�6�1�"''7'.1c�Fi+[kr�l:.�41'�.d.'Sxi'Se3c���F• ^ ,st. ...+�•- ` {.�..'.- _._ 1 _._ _ - .. �---'-, " ,•S,J'".hGt'lEr�c_L'�,i..'S`r�`'="' r.,,�`',':.Ys.�'•`�+i'x+�'F Tom.•:' ,�.'.�.E`-- � ...- - ,_ Z,]Car+sru.�",,n CpKTT :u� �n► L:uun i � ar,Ln,+ - -.: _:_., � • •P.fJ. boz 3q,1,F�ir�nt:.(',aiifcrrnii PtS53', f~3 nom' n�„ �..C�+e++fCar+nsriy�r+ ( � L4� L hrc. '_�+►�° 95-20679 2 CIR Clow A 1 _ x 36 Cen .. „ HORNBERGER, Brigitte 4/19/95 ! tion of D=ureme 22 pe �: rson Wav, Martinez z� Dabuv"ft !„c,a,*eS.C. FOV.4.LOCI Swiv..r*.K.�rrl.A,nc�e o,an+r, s*e'wt,'w++Jlacar.•'c uro.+K,+�++z+ s.-u ,re+G. 0hp— •LST 0«L7w wo 09-X k y Cr P,14).ftxJL 1;Jww OPr.01 060'rw^4 F.-L.D,h+.crra Q C numerous rounds of twelve-gauge rifled slug ammunition, which he considered a specialty round. He stated that he had been present at lectures and/or demonstrations concerning the use of beanbag rounds, but had not received any formal hands-on training with the beanbag round, but that. he had fired some beanbag rounds on his own, as a way of educating himself as to the range and accuracy capabilities of the round. I asked Deputy Baeta if he had any training in the regards of breaching or shot-lock rounds. Baeta said that he was aware of the existence of what is generically referred to as a breaching round. He said that at both SWAT school and the H&K shotgun school, they had discussed breaching rounds, but that he had no hands-on training experience with breaching . .rounds. I asked Baeta if he was aware that the SWAT Team had breaching rounds and included them with their standard response gear. Gaeta said that he was aware that the Sheriff ' s office did have breaching rounds, but he was not aware that they deployed with the rounds on call-outs . Baeta said that he had been on eight prior SWAT call-outs. He said that to the best of his recollection, they had never used or deployed with breaching rounds . Baeta stated that he had never handled the breaching rounds and was unaware of how they were packaged or what their appearance. was. J I asked Baeta if he had ever handled the beanbag rounds on prior occasions. Baeta stated that he had handled the beanbag rounds. When asked to describe their appearance, he described them as having an opaque plastic outer case and that they had a low-base brass head. Baeta stated that the - beanbag rounds came in five-round flat-packs and that he could not offhand remember the color of the five-round flat boxes. Ir n• oc o� oOIE o� 00 v COO �- II.cx n ir�ti n Flo o s.+C rSergeaffohn ft"W �r f t z.c.. ,7..."M so n*��^ . oC~ o� [360—""'' Celestre nCOW *�Ue-?.,,,.,Q wo t1.is r 0072 -+�.�i[S,tJT•' . - .. ��f.:lSnfMa.R.I'r'Y"}ff%X�=.iJ;, ��+T��l��+h'.� !D'ls efl'*lJ(X.F�;��•`i ? � � pry �` W.�. P.'u'3A arc S.L....y.,v`�'ryfyf•?Wl A% 11,+ /.•�,,x.'��;F�� D�.OhM���� %0 4-0 .17`!-', ' fti i4 .�.aii1 3.,CG*r+rCNft&raeer.% a pwy, 4Jt1 t +4rr-Ou 2 Gana t.a+�•.o. 95-10679 Cern A __ k.... 4oa+. z.caw C W4 I HORNBERGFR, Brigitte '4/19/95 iL l on Of Uc ctrrZ e1�ca Ic .�+.►c r..�� 2 Aaaerson Way. Martinez AGER Anthony c ~ti prop"D..wMOOMrt K*=O rW-' Fo,^Q.!ce,sY?*r•w*•9-On w.ARsa! C.r.nw, ►sM Www•wwt.C%KW*$Koow &VIW*.0tP.4cr.rt,er,.Lac, W-W@ Ts+W.VWA.PCk+w lav'taw. •LJO W rC3 G O&,%ER,y C.1M W4).6WU&t;.�.rrY C�tso+y^p f rn.D,W.,o�t Q 0�ua i�+o*+�t rl Ka�.o TYi r4- revs.-S. 4_revs.--.K 0-09 4"ac ILI We asked Baeta some questions concerning his gene condition at the time that he had been called out sleep that he had had, etc. Baeta said that the been working a 4-10 training shift. They had been atuenaing _ some tactical classes in Emeryville and that they had been starting work at. 7 a.m. and getting off at 5 p.m. Baeta said that he had gotten to bed about 10 p.m. on Tuesday night and had gotten up about 5 a.m. , Wednesday morning. Baeta stated that he was not currently taking any type of prescription medication. He stated that he does not wear glasses, and he also stated that he had had two Bud 'Lights with his dinner on Wednesday evening. His dinner consisting of tri-tips, salad, and rice. In response to our questioning, Baeta again stated that he had no idea that the breaching rounds were in the SWAT van. He said that the ammo box that he got the ammunition out of in no way identified the contents as breaching rounds. We e asked Baeta if hhad any idea who had set the ammo can up. Baeta said that he had no idea who had set up the ammo cans so that they contained both beanbag rounds and breaching rounds. .We again asked Baeta about his position and the S ' s actions at the time that Baeta took the shot. Baeta stated that he was positioned behind the cab of the blue pickup parked in the driveway of the residence and that he took the shot from . the position behind the. cab and between the utility box that was affixed to the bed of the truck. Baeta said that the S was standing on the front porch of the residence with the shotgun held generally horizontal to the ground. -- Baeta said that just as he fired, the S was in the process of turning to a different position on the porch. We asked Baeta about the subject ' s general demeanor at that time. Baeta stated that the S appeared to becoming more and more agitated. We asked Baeta if he was aware that the S . D* D� �tw Dpi L Do D*A MY D Pq N"W Vr tom. CA= Cr"] D Ro Caw- xn.r•.� .« n �c .,.r fP W K) 17.Cww r T...w•.., � t: D* Sergeant John Celestre sew": . .r...un», 0073 I ...+ne-+.lS�Ah�';�s."'�'^..:�L'.]r✓.s�,e �:r�r.3 -,cui��xf3s'�3iS:+' "�,c�"y.r�Sc`ti . D C.o.,sr�rs*o^ �z;-�C}. E�ox,3ti�;iv,.�r`r; a;�; ;i•......_... - �., Z.tDC+ ' a ��.•t --G�i.�f 71i Z �E�7 IZ�f�-95-106�79 -- A ' `"�""` '� HQRNBERGER, Brigitte 4/19�5 � s tion of Uccu:rence HURNBERG .FR�fi uAnthonv sz L22 Anderson Wav, Martinez tt ►rec�*t�"v'�*"'ti !== LI&-Asr+.o.s cw.v,vtian•Lau b. e.C.PawyW hm,-4.Lzr,fico+ Mr*•AL''"'t+r.ks+c+e 0`+sr+f� lrsne'L4akn'W n,d4k�,y't Ytoo++►t�,rb►.f+•+i' . w— v Mars he Ta+s:V*A.0%0-00 Tou'Lar • LAI F.+R.0,�"✓- 0""0""{rr.,+p,�+�t nro TY• e Q:r"'S.W,No..yr owd Gsxo� A we was allegedly on methamphetamine at the time. Baeta advised that he was aware that the S was allegedly under the influence of methamphetamine. We discussed with Baeta his knowledge concerning the actions of individuals wh,' --- under the influence of methamphetamine. Baeta sta� he had three years experience as a narcotics inves- and during that three-year period of time, as well his time as a police officer, he had dealt on nume: occasions with individuals that were under the inf methamphetamine. Baeta stated that from prior exp he was aware that individuals under the influence methamphetamine can be paranoid and/or delusional. He stated that he has frequently seen meth users engage in violent and/or erratic behavior. We asked Baeta if at the time that he took the sheat, he felt that the S could present a serious threat to the .life and,ior safety of Baeta, the other officers, or anyone else present at the location. ' Baeta indicated to me that he did, in fact,- feel that the S could have presented a deadly threat. We discussed with Baeta the fact that even though the S was holding the shotgun with only one hand, due to the nature- of the S ' s weapon, i. e. , a semi-automatic shotgun, that even with holding the weapon in one hand, the S could have easily fired and/or manipulated the weapon. We discussed with Baeta the tactical training that he had received in the area of the shotgun and the fact that there were a number of drills that a person went through where they maintained operational control of a shotgun with just one hand and could effectively fire the shotgun with just one hand. From prior experience and training, I was aware that ±It is possible for an individual to maintain control and effectively fire a shotgun, particularly a semi-automatic shotgun, with the use of only one hand. The interview with Mike Baeta was concluded at that time. The audiotape of the interview was placed into evidence. AlvA "lip ns o DCA DC* DL DQ D$A DY D*+.w."+r+ j]V%W D"'er ''cs ❑'w' D Cr.•.• tT.o.. i Tor.M.. L]+►*MOWN CL Ro Q r•+o Dom ^ D °' D""'"'''"''' Sergeant John Celestre 6%*- O 0074 �r.6M►M4�"�P ��. 1SOX 3QI 1i�1i(li!? L'0iir" {a.:1+*+ C..r.na.,en • t]rw n GLi J t +r cr 95-10679 Cen 1 A ' 6 .`".- y HORNBERGER, Brigitte 4119 95 ! L1on of Occu:rerG '� &`"° ``""""'�"F'"' 4* 22 Anderson Way. Martinez a HORNBERGER Arithonv D.0a,l0L �{Y,p�f{911[,�'Ve FV A%d.L _..,W^•slow.W-r"Ibe'.AO%CJ1 0J&f vt) �"i11C' Y- wti.,&#-W.Wit.ACkO.Soo'Lo. •Orr.tDc �++►+Uo+C7fR.yCrrw+rf.►•rxoci;.ir.MfY L�oevn0f .t,D,w�+wat?Ota! iAr+lvr+•nt+1+�...> rv! r_ c2 �,e rear.iq 1 After concluding the interview with Deputy Baeta, the other Sheriff ' s Office Detectives , the D.A. Investigators assigned to the case and I all met, discussed the case, and what other actions needed to be taken and/or what other _ individuals needed to be contacted. Assignments were then made to investigative teams as to what they were to do or who they were to contact. A copy of the report by the security officer at the Mt. Diablo Medical Center had been faxed over to the Field Operations Building. This report documented the contact that the security officer, Larry Lee, had had with Anthony and Brigitte Hornberger and tr^ 4-- - that the Concord Police Department had also respon( scene. Refer attached copy of Security Officer Le report, ,E95-386. We had also received a faxed cop Concord P.D. Report written by Officer Ross, refer attached copy of Concord P.D. Report r95-9979 . At approximately 11: 45 a.m. , on 4/20/95, I received a phone call from Sergeant Greg Gilbert. Gilbert told me that he had been trying to recall who might have set up the ammo box that contained both the beanbag and the breaching rounds. Gilbert said that it was either him or Sergeant Woolard who had set the ammo box up, but that he could not recall which one of them might have done it. - Gilbert went on say that the ammunition that they had received from MK Ballistic Systems was ammunition that they had just received in the last month or so. Gilbert said that to the best of his recollection; Baeta had not received any training with the MK Ballistic Systems rounds. . Gilbert said that the SWAT Team had done previous training with rounds of a similar type and/or nature, but Gilbert wasn 't .sure whet27er Baeta had been present at the time of that training or not. Gilbert also told me that he had received information at the Jail that Cheryl Cole, one of the Sheriff's Aides employed at the M. D. F. , had been previously married to S Hornberger. 09 DC CCK DDE DL Dn CIO" Dv D�-art- C VW— AD,- DJ" D owww D P,"W V CX MACS UN-K, D P-0. Cow- x �...�.,�cft�r*-w ,r.ar. r Tom Upwroonw., Da+�•+ C3* , Sergeant John Celestre .ro++.�a �.J.,ra►f 0075 .3,t ...:a.G'i 1:�^=`2aw "}:3'eFi: rr::f]:.}'��!ti'2�' t ' ✓.�` Y.=J.'.� z.w y:,;.r{-.-a �., ' +tic. :iilu�s'.�:�'RY�w.'i.�i�4�'..�:f":i�:_''�+J`�`►"`.f„ iE:'a�'`cr..�_ aYrap/�.1rn , t OOH ,t L' t 84r Cie aro. L Cil fDm 95-10679 Cen HORNBERGER, Brigitte 4/19/ 5 t t i on of t�cu�:reme x �•'..r•o c.F.Wr2 erson Way, Martine HtIRNBERGER, Anthony c t+'+D''x�,�..w7}fQ�rYR1d.I.tC.�C�M`•aMt.K.J "�f'.kSC�t.QMJt'!R� �1111C will W+�'A�it t�tYOMr�V �-f"�"'�'N.RIbO'.V 6".�16Ydt L1�'tVO1+e*i1,t.iCiMe rcv�Uka".W.A.►x-�jft lvu'Lorca •LAI r.FOLLOVA o 04—.EpL l}C.l*.ncy..+a.�t„k+MR C)Csor+rr+q free.0,titer tii7lrrL Q O ct irrs>r+ent ry F+�i.p 11rt �_ a;rO*cat tr Wac u 14.co.+*c+4w�e'b i I subsequently received from Sheriff' s Office Records the reports concerning Anthony_ Hornbergerthat had been on microfilm. There were a total of six reports that had been retrieved off microfilm. The first report, 86-22237 , listed Hornberger as the V in an assault and battery. The report stated that Hornberger had been found in the parking lot of the Bistro Italiano at 3210 Pacheco Boulevard. Hornberger had sustained a broken jaw and other facial injuries, and Hornberger had declined to give any information as to who the Ss might be. The date of that report was 9/11/86, refer attached copy. The next report was 86-22868 , dated 9/18/86. It concerned a domestic disturbance between Anthony Hornberger and Cheryl Maureen Cole when they resided together at 4098 Cabrillo Avenue, Martinez, refer attached l " copy. The next report was 87-23948 , dated 9/22/87 . This report was another report of a domestic disturbance between Hornberger and Cheryl Cole. This one. taking plac " ^^ Cabrillo Avenue in Martinez, refer attached copy. report was 87-29045, dated _11/19/87 . This was an domestic dispute between Hornberger and Cole at 4 Cabrillo Drive, refer attached copy. The next re 87-31178 . This report concerned Hornberger recei citation for violation of Fish & Game. Codes becau fishing with more than one line at a time, refer a�4a4s�u copy. The last report that had been retrieved off microfilm was 88-22773 . This report was a civil matter or civil disturbance, again between Hornberger and Cole at 4095 Cabrillo Avenue, refer attached copy. y " Dt DC r)VA DOE DL Do 06A DY - D+�+.�r DIM D 1wc x+w+s s!►**rst u.0" 1 Two w+•• it D� �, D o•� cluo s ftv* Sergeant John Celestre L 0076 :G16'tt*.f�;S�'h.�d .,31rF�ii7r��i^4+.'T 's.. 'C'3' N � -•u:. +�: r.. �.. -r+� '1en-1Yt+.r.�'li. „ �,a�f„+R^,� ti►� �IK�"�+` r`a'"�:tt'N'M+y'':ai�..:}_,, - �,, 4 F t.i7+t No. 95- 10679 i ay.«a» n :D ,V. F= v+aaiw 46. .a R F.h"P T.Ow Or*P1�p"� HornberQer , Brigitte 4-19-95 =,-/ Location of D, -eme 10.S ftPQOs know,a,F.M) 2 4 rc fi PAnthony s �t.Pryer Orra7ron :„ooc,�,a.a.l�rror+r«s P ,. .uK*w4*,•ft- &-"f.Ce, stao.r Mi�rn+tar.i+na�Hkrrti+rr,�t Orccrtvecn Laceso M1-4n Tarsi Miva Ock4a roar Lor•urs N POLL O"PL A�CwTwtcX uo"a.it r7.C)Goo N.Fun.O)vrr+�n Oma iowq 1.F)hoop.T V&..,: G)FkV&M ;M fsa 0*Cio ac4ot.A+wt. _ t2.Aruf.r 1d hWOb i f �`� \\ i 't\ •. Li U On 4-20-95 I was directed by Sgt . J. -Celestre to assist in the investigation of an Officer involved shooting at 222 Anderson Way in the unincorporated area of Martinez . I arrived at the Field Operations Bureau at approximately 0230 hours . I was met by Sgt . Celestre and I was told that I would be conducting interviews with a Contra Costa County District Attorney Investigator when they arrived. I was assigned by Sgt . . Celestre to go to 222 Anderson Way to examine' the area of the scene. After I finished Looking at the scene I returned. back to the F.O.B . i . and met with Insnector Kevin Dorian of the D.A: ' S Office . Inspector Dorian and I started conducting interviews with S .W.A.T. personnel' at approximately 0500 hours . The following is a summary of our interviews with Deputies Gordon, Bradley, and Daniels . Our first" interview was with Deputy Donnie Gordon at 0504 hours . Gordon told us that he was called at his home to respond to the F.O.B . for a situation that requiY-ed S.W.A.T. Once at the F.C.B. he suited un_ and responded to the, scene with other S .W.A. T. team members . Once on scene they conducted a "muster style briefing. They discussed the situation and the fact that the suspect was armed with a shotgun. They also-,maae their assignments . Gordon was assigned to an entry team and then later to an emergency assault team. Gordon said that initially he was approximately 70 yards from the' house to the three o' clock side . They did not have a view of the U. U A**ft », D* Dc DDA of DL Do IIWk DV D►* �► []A= D rftrL E}PLO. D sw- x Pr.00"s q Drp.+ts P"fw t7.Der t Tom raw+ u D carpo.ob- D WW pea t 0 5-9- 95 1800 �. st.tat Z2 t 0077 DA DA+oro. L CA,Coft L 4 A � 95- 10679 Bay A .D .t' _ .... c t�cr w$*. s L F.K ). C 11.ao-M D Hornberger , Brigitte 4- 19-95 - Location of Uc.cucrence ,c. •►rrn. F.wa 22 411derson Wpv- . Martinez v T s rt.M4r4+rti t?ra�'+'ti: V?OWhdSC P4OVY Ve.FsWW.Lar,!0ion.MM Fkas+G»r.kU--s.06",&VIdrWt.*rl,tWnySs�sx*r`�►todM Nvmbr.Sarin Newt .V CYrarrV%M Lsctnon wtwv Taww.MMus,PciAft Icul Lou•LICT IN FOLLOW-14 C KDErL A4 C.urrrr'4y.M OLM 3)JV-WrY.C)Doawnq.Fera.Al VV �M OMM SrO- rnL F)Rrew.TVI.ru_ Qt F JnannC F4 M�+r b+d CioN7s:A W4c. tit.�catarwq Fts�'4 i house originally. Gordon said that they positioned themselves on the driveway/porch area in a ready position. They were on standby and ready if they were going to be needed. At this point they developed a contingency plan in the event that they were going to have to make entry into the house . They then waited at their location for orders from Sgt . Gilbert . Gordon said that they had no view of the house, but they could go up and peek at the house to look for any obstacles . Gordon said that they stood by for more than two hours and during this time they could here the negotiations being conducted. He said that they were constantly being kept up to date on the negotiations . Gordon said that he heard the radio traffic about the sus_vect with a shotgun and a child in his arms . Also at some point he heard. that the suspect might have a handgun in a truck nearby- the area . Gordon said that initially they were told that they had a barricaded subject in the house . Gordon said that they heard _ several times that the suspect was armed with a shotau.n and that i the suspect was moving around with the shotgun in hi The S .W.A.T. teams concern was to get everyone out s the minimum amount of force necessary. The plan is always to resolve the issue with no force and no one getting hurt. Gordon said that he was standing by on the porch with Deputy Wright, Deputy Bradley, and Lt . Coggan when he heard a "report" (a loud noise similar to a gunshot) that he thought was a "flashbang" . n• � DDO, CIM [DL [:)O ©5A nY D _]Fba«rrir ex p ACs ❑w"MI. n 0.O. C "C X+woor.np Cir tM-V 17.D" r Tvm wr+s.1 tt om Clew- orv"+" O c4twC odr- [3 MO V»P" I nv 5-9-95 1800 Q o..r. t4.,1�ore,.r,f soot.+►'*+'o a'4 tutw.hw z+.a.r zz � L FCS i V%rt.t/'Mi t - 0078 e."�L.�:"S'Gi�S.*„+% r.Sw''�:.'w9`'f'fL`4a•G �„T+C"-'-��"'.y"'.',vi.,;r t - 1.C^Poe. L C„tr c.« a,_,VM*/cw,ot,, 4A 95-- 10679 v A.D .W _ • +�•�..... &rate- 7.Dw Ora*.Am- PM. Hornber2er, Br-iQitte 4-19-95 rlst Z Location of bcccrrence ,c.SaWO:Y'•NWMJL, r,r�y 22 Andorconrr ' r r er Anthgnv Louis kaoW%*d.PACCPIWn Fwcmd.L4W,Ucaiwm.tben Nr6w.kWk.QWWsh,lrs++Q�W�u�►4nuf+cox�r's uatfM NVMb c,LtrW WrPbW.W%CWe,W%**64 DwaC'P"',Lau bow, W%wv T*wit.W ma ftp bl Tour Lou-LST IN FOLL Mn 4 OAR N CuMW,4X guts»tF J*-Orr.C)C1o".Furs.D;V*hCm&n 0040 50140"W"L rl PA60.TVt,rc:. Gordon said that he thought the "report" he heard was a distraction device . They then moved up to a position where they could see the building. Gordon said that they are trained to move forward and establish a safety position after they here a "report" . Gordon said that they then moved forward to the porch area of the suspect' s house. Gordon said that he heard someone giving instructions to take control of the susvect . Gordon said that he then saw the suspect on the porch. The suspect was on his back. The suspect� appeared to injured and appeared to� be bleeding from an unknown location. Gordon said that their job was to go in and secure the house and 'he (. had no idea what had transpired with the suspect prior to 'his team moving forward. I He heard Sgt . Gilbert give the order to make entry into the house . Gordon said that his teams responsibility is to make entry into the house and° secure the house. He was not assigned to take any action with the suspect and only briefly .saw the suspect . Gordon said that after they entered the house they searched for � - involved parties . 'Gordon said that the whole search took less than two minutes . _ J After completing the search they assembled in front of the garage . Gordon said at that point he saw a shotgun on the ground near the suspect . Gordon said that the shotgun was within twelve feet of the suspect, directly below where the suspect had been standing. Gordon said that at this point they went back to F.O.B . and waited r QC CIA C)DE ❑L ❑o []&A []Y p Ysc. CNN D J- p Ow— O PIP"W Ir Ck. ❑ACS n~L [DPLO. C)SHC x ArPM 0 Dir P4%v 17.OWN,Two V"a& ff133`c�...�ap c«+�t o� p .r,�+ 5-9-95 1800 C n , r , rtn*+ FCMM{! 1l�.,c t/#f► 0079 - 1.OR►+a. L t:ear 4 95- 10679 � A .D . W : .u.e., a vvftm#*. .8 t IF.64 r Lias On*-wrae�t !.6no+or++►.a. D Hornberger , Brigitte wMa!l acytion of Occurreme ,d_s.aW.0a paw,* 222 Andpr,�nni A r Anthony Louis ti.trtapa�D+aory�+rm'L trw+cwnCaQ.Rr.vyar*d.to+K+d.Log Moir+•ar'h FkrnfaK.A+'Sx.Jt.Ousttfty.!r's+sSlWtall4rwrtactiir'K'1 ila4M Nurr+l�.L�rrud MS�n'+D+�.1d�,�sa�,�+ut oatcryecyn,C.oCs�an *Nwv rani Valva.Pe-+ Tool Lor-LXT IN FOLl.t7*v4 oADeA.,y c4orwef.moues i3 rerserr c)c&w%r+p.frn.o!ve-dek n of ar iavoy*nL rt 040.0.TYt. ti.A0C4W rag P""'V to be interviewed. The interview with Deputy gordon was completed at 0530 hours . We then conducted an interview with Deputy Ron Bradley at approximately 0717 hours . Bradley said that he was on his way to work when he was paged to call dispatch. Bradley said that he was told that there was a S .W.A. T. call out for an armed and barricaded subject at Anderson Way in Martinez . Bradley said that he responded to the F. O.B . and suited up in his uniform. He then went in the bia S .W.A.T. van to the scene. Bradley said that they were told, by Sgt . Gilbert, that they had a suspect armed with, _possibly, a shotgun and that the suspect had his (the suspect' s) five year old daughter in the house with him. Bradley said that he 'was also told that the suspect was possibly under the influence of methamphetamine and was very talkative . Also the suspect was very excited. Bradley said that he was assigned to a tactical team and they moved to the house next door to the suspect' s, south of the suspect' s house . Bradley said that at this point Sgt . Gilbert made ^•T plan in case the suspect started shooting. Bradley plan was how to secure the little girl and get her ou if the suspect started shooting. Bradley said that he could not see the house, but occasions he heard the suspect come out of the house a negotiator., j +t.L�s+r�o,,�aon rt,octwon., . D� DO'k CDE DL Do CM CV L7 ft"M+r ck CAM ❑~ COLO. Q twe x AMOCO V coo"fp—Q 17.Des!Two wren 3 p r.ew ow"i6n D c.ha.oor- [3&A *Pon t A r 5-9-95 1800 Q VS.AoVrV"tuvc.P"V zo s,+KV.rw 21.car zz 0*1K_ FOMA t fie..tllft 0080 1.DA 2 Comes s 95- 10679 V -A .D .W . _ .�.. a vw. SOL F.w _ t.oaw o+,�pw" S b"Vic ++r n. •- Hornberzer . Brigitte 4-19-95 - - O RAI t' 1„rxation of 'Or cucreme 10.s,no,as +�.a.F.6A) - 222 AndL­qnn way . Martinea r Anthonv __Louls 'S 1.►'raoKh Oaaorllar+ti 1rrpovrirSaS,�t�d founQ,l.orG Sso+s�-ssk++N+s*+tw.A+'6cla.0=+a+c>try,irsr+d/s1,,,ts/s/snu<�CssrF's s.�a0at KvnsA+r.trvN hkertrs.YypaCarqs�+rs'sAo+ti Lbuvo^ V&4n T&tw%.%tut Ac6. TCUI taw-LST sK FOUZvO 0 Ck Mk Aa COMW,.cx mxm ti Jw.siry C. C*vrog.Fun.01'9Na mL F?C"ca Sauw+r*= ft%.Ty R+e.a.TVs. a}irk*&M a:M 0660OCid o oces, wc. N.Pamww '"Plow 12 i Bradley said that their plan was to rescue the little girl, because they were dealing with a armed subject who was acting irrational and was possibly under the influence of methamphetamine. F } Bradley said that they were standing by waiting for the situation to be resolved without any force. Bradley said that they always go _ r into a situation with the plan of resolving it without any force, or the least amount of force that is necessary. That is how they are trained, s Bradley said that his team stayed in their position for approximately one to two hours . Bradley was not sure how long they stayed in their position. ,l Bradley said that they were advised that the suspect was going back and forth, from the porch, back into the house . At this point they made a contingency plan that if the suspect came out without the shotgun that the suspect could be tac:;led and taken into custody. Bradley said that they were advised that the suspect was now t bringing the little girl in and out of the house . Bradley said that he felt the suspect was acting very strange and he felt that the situation was starting to go bad, because of the suspect 's strange behavior. Bradley said that it appeared that the suspect was now using the child as a pawn to see how the police were going to react . Bradley said that the suspect did not seem to be concerned about the child, because of the way the . suspect was behaving with the Bradley said the suspect was • acting very irrational aj be playing some sort of a game . 1 x.Llarwiaru= Aooworr ns DC C)DA D# DL n0 ID$A DY Irft'" "*V D vtioa D No co.cs D.0.. D OWWW D AWMIr CC D A= []~L DRO. D 5MC x Aaoor"DOPAr P-4 17.oav i Two D wra car.� D c..a o+� D .FrevtDet . X__ T)P.Lpv 5-9-95 1800 i D CWW 1t.Appno.rr,q U.%ow.Vvwvq i9 sww.No 21.Ca: 22 - 1 FONal i V1r..1/ft) - 0081 - -_ _---_ ._. .._..__ .._._._.....z.,,..-,•,...:...._..w.-�>:_-_.-,.,ate•.= L pA Ari i Ger G«MvrG+rrr+ereo,ti -`� a.pr „i 1 4 A 95- 10679 7 A . D .V. st. .8 r. F.ho r.OW.on$.^a- r en •.cmc►,«►+o. � M Hornber Brigitte 4-19-95 ar;� pw—i Lxca t i on of Uccerrreme X.k.;,.a.0 1 A 0 222 kndersonr c oer . AnthonvLouis 11,P,wool, Oe *we"1; Wowrded.&W rwIdL NVMd.La,Swn .tear Kc .M ek.ow"tr,bw%d/wk,fwnuc.cnru'1 uodoi Mumbw,tuna:ti%erJ .U640 40%00%x D*,Zrwttco,LC,"C' W7wn TaweL W M Vick4o Tact Law-LXCT IN FOLs.e YANG O+PDEit,y C*-r+cy.Meow 11 Jww rr•Ct C+oa+rq.Fw L a!rw4i...Q Orta&uwvvn*mL F)A►ao.TNI M _ .tXl�r�'wtrmt;t6 4 GrxGtt.A r++�at. ' tit �4Co+w�ft7faelr! . Bradley said that during this time his teanT stayed where they were and waited to see what they were going to have to do, if anything. Bradley said that he heard a "blast " from what sounded like a shotgun. Bradley . said at this point his team (Deputy Gordon and Deputy Wright) moved forward, because they did not know if the suspect had fired, or what, and got into position closer to the house . Bradley said that they joined up with another entry team in front of the house by a stairway. Bradley said that he saw the suspect on the porch on his back being handcuffed by another team member. At this point they made entry into the house to look for .other involved' parties . After securing the house he came back out and saw the suspect or_ the porch with blood bn his upper right chest area. Bradley said they regrouped in the front of the house and basically stood there waiting for orders . At this time Bradley saw a shotgun laying in the dirt near the front of the steps . He had no idea how the .shotgun got to its location. Bradley said he heard over . the radio that the suspect had possibly shot himself and then he heard that the suspect had been shot with a non-lethal round. Bradley said that he did not see the shooting, but he heard someone on the radio say that the "blast" might have been a distractionary device . Bradley said that after they regrouped he went with Sgt . Gilbert x a..ror, ior�wor,u n• CIC ODA DDE OLOO OSA nY D P-wN Ge. 13 Acs ❑twwtt. Q R8. Q v< x AMPM Vg 0846tr t*t+rw 17.Dow ,Tw»V*up 11 c s 0`6 0""Am pcoma.O+- D+ »ra:a A 5-9-95 1800 fs.,tipor•v"sem.PrVV 20 S"O..!+a r.Own 22 P-a-, F F00W 3 V%ft.1 ray 0082 ._„-:•:.vim�...,.._. __r:..:-: LlOX:W�,1VtrIIt7+�S,: %'��irir. .:i. ,. ..,,r,,,,,.,,.,•;_ 1.Lytl+w S_Coy G+ft 7`•""errtC rroK+on a.D�rr+t L 4 A 95- 10679 A .D .W'. i t Yvem$W. a L F.K T.Dsr.Ony.howo 1.Erw+or+e h0. Hornber .er . Brizitte 4- 19-95 a jc ,ire»t Location of Uccvrreme xs."P_Ctt hamw A—F.M) 222 AndarscP_U7AX _Martine7rAnthony—LOUIS 1t.t*nC�''1T Mea'>reerti It±ypCaundrs{,l4rcoyltril.F�.e+Q.Loi,S� •Jw++Nur+ber,M>arJt.i}asntlti.1ra++OtW�.A/f./anvl�caXM't LtoUM Nu�+Arr,f�,a Nu>'nt+e+.�koac Dracrzxon,Lxioan wtww,TawreL WwL k+Ck4s Tata'Low:UST N FDU D►'►'14 0^-",CPL N c4j"W+cx Nous;ti J-4'h:L 06wUng.FWM Df VWVOW&Q on"L0600" "t F)Asao.T1y.rt_ a)Fnnrar**+C hQ Mt+.rehoW tic+oot,�wry, 4112,wrcwrr wl P MO 1r S and Sgt . Woolard to locate the shell - casing that was fired by another team member. Bradley said that Sgt . Gilbert found an expended casing on the truck in the suspect' s driveway. Bradley said that the shell casing was left exactly where they found it . Bradley said that the shell casing had a brass or copper bottom and the rest of it was white . Bradley said that he never touched the casing and did not get that close to it . Bradley said that after finding the shell casing he went back to E where the other team members were formed up waiting for further l orders . t Once the rest of the S .W.A.T. team formed up they had patrol take i control of . the scene and the S .-W.A. T. team moved back to the command post . ! At this point they were ordered back to the F.O.B . by Sgt . Woolard and Sgt . Gilbert. Bradley said that they were told to leave their gear on and leave it just Pike it was when they were at the scene . Bradley said they did not really discuss what. had happened, but there was confusion over what had happened at the scene . Bradley said he did not know if it was overall confusion, or just his own, because they thought that the suspect had been shot with a non- lethal round and they saw that the suspect -was bleeding. Bradley said that the confusion was not during the incident, but after, in his own mind, trying to figure out how come the suspect was bleeding after being shot with a non-lethal round. Bradley said that the suspect looked like someone who uses s Dc Do+ DoE DL Do Din Dv +ron D vice D Nf [3 A#T D Owww D*Oe"+r ems, D ACS []~L D R0. 'D IHC x ftoo 0 Dwwty PI-W 17.Des t Tw*V"*P it pa._:. D r.eM owe*, D ce�oti DPt 5-9-95 1800 C(I AoWaw,r,q&-Ww.PTWM tD suq..No Tt.Dex #2 P_P_ 0083 _ ., I .irltt [llDrrlwc �►- - - LJ Lj+v-vn L rA No. t CeT Gw a.v**+ Garvhe* --^ A Dor't. 4 A t '►fcr4, 95- 10679 Bav A.D .W'. -, HornberQer , Brigitte 4-19-95 4 OPi; .am—/ Loc.at i on of t> ctx-rence V.Uj. %P F.#A) 222 AudersonrtAnthony- s tt.hoowb t�rrr+�ert 6110 ded.04="rrri.hwld,L*K ft*601%•hw"Nl-i ,Arsr-k.Ovan7iwY,&-*J+ f &O/U&PVV' axor't U&.1*NWM:.IK.f~id Ntr*W.W W4&5&%S0..4 D«rc*sWr,Lscs bo- W*twv,Ts+rrt MivL 1X:1ubr,Toot Los.LJS7 Ft POLI 7++srC OR.'PEA.A#Cwnwa ¢T.M au&tl d*-+r7 C)CWvvng.FwL of VO"OWIL 1)0*SWAP+"L t"}Flap*.Tv:.rs:. ! Qf FhrrM M 04co%.A Mae. t2.Rwc o.+rsd MO'4 i ii i methamphetamine a lot and had the appearance of a prisoner of war, because his face was so thin. Bradley said that these were observations he made and that the situation was never discussed in detail prior to our interview. At 6 : 01 hours we started our interview with Deputy Mike Daniels . Daniels said that he received a telephone call at home from dispatch at approximately 9 :15p.m. . Daniels was told that there was a S .W.A.T. call out. Daniels said that he suited uti in his garage, because he is a designated marksman. Daniels said that he responded directly to the command post, which was at Arthur Rd. and Anderson Way. i. Daniels..said that he arrived at approximately 9 :4Sp.m. and was told that no one had been deployed. Sgt . Woolard was: the on scene ' commander at this point . Daniels said that he was told by Sgt . Woolard that there was a white male subject in the house with a shotgun and a small baby. The suspect was apparently mentally dysfunctional . j Daniels and Deputy Dahlstrom were told to deploy and cover the front.. of the suspect ' s house . Daniels said that he was told that the suspect was acting irrational by not complying_ with any verbal commands or. reauesz . Also the suspect 'would not come-' out and was carrying a shotgun. Daniels said that his assigned job at this point was to be a designated marksman and he also was to gather intelligence . Dani-els was able to gather intelligence due to the location that he set up at when he deployed. Qc Da OOf D` Qo ❑#A nv ❑«►�.«,,ok ❑Acs p�.rrw. p Ro. D SHC x�.co�+�q DWIAT fp, w TT.ate. Tor"4100 e t t PV 5-9-95 1800 C Fwf.a t #%".I a4l) 0084 h 'iti , rrwc wur+ , i.Dris+j�*R 11 _ ��A ii * D .GW� � '.10679 95 t w � a i. F. T. w ora . « Effow + r,,o Hornberzer ,LB�r�izijtLte 4-k19-9wcx. »o«x �Iocation of e 2 A c cj Hca w- v S 1 t.rruv+rl�t1..a+ps+i't !*�awt+a.a.A+Cv�rs4 Fsrxsd,t.aa tsaw+•tri*+►4a+�brr.Att+cJc.�«S.►-u+a�u.ts�btarwtsciuK'�4tobut Nu++t9r�.LruJ r+t.r+b.t,V Mo.a+v+.r+,..O.�crsoori L.oc�ao.. Nwrw:T&hWL NNa,tr+ckw Tots)Lar.LST k FOe.l.O*%s 4 O DEPL A)Cwrw4p.MO&W 9).J+w*t7 0 Mg.FWM D)VVh4idI&K)0040&QVgWP ML Fi h+aa.rVL n:_ ix.A.COW«•a PI met)s Daniels said that he was positioned directly in front of the suspect ' s house, but across the street from the house . Daniels said that he was behind a pickup truck approximately 60 yards from the suspect' s front door. Daniels said that he could see the front porch area clearly and that there was a big light or, the porch that was illuminating the whole -Dorch. He could see a window to his right that was covered with mini blinds . Also there was a big picture window on the front of the house . Daniels said that the suspect knocked down the cover on the big picture window on the left side of the front door. Daniels said that he could then see clearly into the house . t.: Daniels said that he was in his position from about 9 : 50p.m. until the ambulance crew arrived around 1 : 00a.m. . Daniels said that during the situation he saw the suspect walking around carrying what appeared to be a shotgun. Daniels said that he could see the stock, trigger, the metal action, and pump on the rifle . He saw all of this through binoculars and his rifle scope . Daniels said that on several occasions he saw the suspect take a quick look out the window and appeared to be nervous . The suspect was .looking like he was on the defensive . Like he was expecting someone to be outside the window. The suspect would peek out and then duck back intb the house . Daniels said that the suspecz- looked irritable, confused, and paranoid. Daniels said that the suspect looked very nervous when the window covering fell down and the suspect was unable to get the window covered again. Daniels said that the suspect actions were not fluid or natural . Daniels said that he has over four years of narcotics experience II QC QDA ❑CC QL Qo 0 S Qv F3 PW"W q CX Q AC= Q t I. Q k o. O&MC It Amp*0 wp'000%*f Mr Qt 7.0" i T""Mrtt�r� ! t 1 Gsr Q ft"t�* Q COFA0.aw Q ww,.p" t 5-9-95 1800 i C' Q o+.. M.,rpprew+9 t�+rPr.t�*�++o xo spa•.tw r�.o.. z2 �- FOMA 9 ..Ino) 0085 � � r_ _:.....:.r. ���«v�Y,`.�_.Ia..r:...:r .�._++. .. ...u..-....w.....r.,........ 1• r.....r.r.-.ru+.-•. —..r�.... ,rr-.... ..... . -w..�.-. -- Z�T D.e. `„» Cayrrwcrean A 00w1 1. �a A 95- 1-0679 A .D .W . f a VN MI M. A L F.�C T.Drs Ory r Xi t.6nOb7 as twp. �^ HornberQer , Brizi tt-e 4- 19-95 uA� ( -00 1 Loc.at ion of OcctlSz eflc a ,c.i�ro+cx t►w..a. F.M)2 A orc v i r r P v S St.►rswnr D•ees+�ti ►ryppv►rGyl.Rrao�al6 Fw+r+d Lar.itotM ->Y•t+ N+.r*bar,AACk.04anstT.briar+dit.take f"&m 4 CUsW't UOC+r NWMbW.SW%A: Wb4*A4r4oas DoocrcnN eL Ls>cs ac- wAwv T1Mw%.%Wwk Ock4ls Taut Law.LWT H FO*LDY6%4 o"k A,)e4not+Cx Matat;tl jr-or. Dl G.Fwxa.D)Vi►-cwm D iktea SwA;­l Fl A+ao.rvt.et _ t a)Firson+t tp a BeoC:.A wc. {12.ItiwCoror70 RsM�yr i and he has had numerous contacts with. people who are under the influence of methamphetamine or other drugs . Daniels said that the suspect in this case was acting paranoid, irrational, i` unpredictable, and his behavior was getting bizarre . Daniels felt that the suspect was becoming a problem. Daniels said that there appeared to be no reason why the suspect would not comply with their orders to come out and at one point the t«; suspect said that he was hearing footsteps in the house . i' 4 Daniels said that he saw that the suspect had a little girl with him. Daniels said that at one point the suspect opened the front H door and had the shotgun in one hand and was holding the little the (( girl in his other arm. I4 Daniels said that the suspect came out onto the porch and set the girl and shotgun down. After a short time the suspect then picked the girl, and shotgun, up and went back into the house. Daniels said that the suspect little girl out onto had brought the "' the vorch to show that she was alright, but the suspect would not let the little -girl leave . Daniels said that the hostage negotiators were next to the house and appeared to be in an area where they could make visual contact with the suspect . �~ Daniels said that the suspect told the hostage negotiators that the little girl had been molested and the suspect was not going to let that happen again. Daniels felt that by this statement the suspect was becoming more irrational and paranoid. Daniels said that at one point the suspect let the little girl talk to the hostage negotiators . Daniels said that the hostage negotiators were trying to get the little girl to come with them. Daniels said that the suspect stayed directly behind the little x.Carrsa~sar, ,�oar.wr4 n• oC na nC nL n0 n$A nY /ro rty Cb- CA= n e+utt. n Ito. .Q XM.^. X Fueparv'q 0"-*r P-V 17.Glen r Tern'1'rrane+ t t 0� p ftwo cwft.'., p CAVN*.o*_- C Wow PM Det . T DP lay5-9-95 1800 ('r n t?tRrr ft,Agomv rq&.0w.Pt*IQ so.UM.N.t•w n.Dor 22 1� 4486�rr+>•r�cKn�+-evert. LB A 95- 10679 A.D . W , t ►,. t PCOM N► &i. r.10 IT.G7ss Or*ftwo, _ f.&rvw"M No. HornoerQer , Brigitte - 4- 19-95 - � u f_ WI"/Lcrzatlon of "D_ctx-rrnc£ 222 A Arc t ' r v s 'tt. DrsorNr�'t. . rrpoctra.SeQ.R�s4 rsrx'd.Lt4 3zoiMr+•lrn+Nrarbrt,ArY+rJt.owrtllY.!r`sr+6/14aks/1aan�EsC'Ivrxt kob�NvrnL�,f�++a7 Nvrst+�r,1(Ita�saowy,,, pr,«,y.p��Lau pan Won Takwt.V1d6a.r4 w Taal Las•un'N FDU.O�OAMK N C.'nW%cX Potaw 2).*—Orr.C7 CW-Ing.Dura,0)VVMCWL�fi Once IQWV »nL ri A+ao.TVs.rt:- 0)FV"R a;K �.a a*ocrc. wz. u.P.@CA.WVd RW-to i girl while she was talking, to the hostage negotiators and the suspect kept the shotgun in his hands . Daniels said that he could clearly see the suspect with the shotgun behind the little girl . Daniels said the suspect was acting very nervous and fidgeting. The suspect kept looking over his shoulder into the house like there might be other people in the house . Dar_iels said that he felt there might be other people in the house because of the way the suspect was acting like there was someone behind the suspect . Daniels said that the suspect came- to the edge of the porch and the little girl went back onto the porch into the left side area of the ! porch. Daniels said the suspect appeared uncertain if the little girl should go _to the hostage negotiator. Daniels said that the suspect set the gun down_ and kept his hand on the stock of the gun. ' Daniels said that the suspect appeared to be hesitating as to whether he should let the little girl go or set the gun down. 1 Daniels said while the suspect was on the porch Daniels heard what sounded like a pop and he saw the suspect fall down. Daniels said that 'the little girl was on the porch, to his left , about six feet away from the suspect . r Daniels said when he heard, what he thought was a gunshot , the little girl was about six feet away from the suspect and the suspect had the gun in his hand. Daniels said that the suspect would not give up the gun and appeared to be indecisive about what he was going to do. E x Dr.nea�rh+ Aoesona+ _ s cc pa poC OL po pS^ Dy [3v%-- Q N� D,w. loom— [3 ose,r.ar[3 Aarartr Ct. C]A= ©N"iL [KO. Q SMC *4 AMPOM - O«-r!**' V 17.Owa/Two M -Op- ra..M O C+MOC C*_- D e t X 5-9-95 Aovre.+np iw..r"V so swa..No ! Foy• ^rr.,no) - t. 2 Cwt 95 10679v .D .V. :. f Y,q-w w. JI F;W _ _ T.Do=On*-ft"- X.6-�+oy+r!mC• t �. Hornber er , grigitte - 19- 95 .»27.oczt i on Of Uc ctrrreme ,o.s...o«� NA-0 a f.`l) A q r ' roa S S S. 22 And hao«3 A 00-06Mt wroovr.ftd.Ascorwed.Far+d.Lars.lsoMn•rn+rk,+-+e«.M=W-owner.i�.,,e�w srla.n�,bsa�rr'rt W,"W Kumbwr s.-w N-Imb-,srwrna+ -O-.4 D'"O OOrL LMAU,+ Volvo T&*V.WMa tx*40 Tons torr.LWT Vq FOU 4 OpZoEIR.A4 C4xTw y.Maw :fi J -*irr C)C6W,. V.Fees.Dl YPOwcfa,100044 f4N#+ t F)h+ao.TYa.rt„- 0)Ftw*s 4 06Aahod t2.Arco.•rrrd?."W'q f Daniels said after hearing the gunshot he asked Deputy Dahlstrom if Dahlstrom had taken a shot, even though Daniels could tell that what he heard was not a . 308 rifle being. shot . Dahlstrom confirmed that he had not taken a shot . Daniels said that after the suspect went down the S .W.A. T. entry team approached and took the shotgun away from the suspect and handcuffed the suspect . Daniels also said that hostage negotiator Deputy Costa rescued the lithe girl and the entry team .entered the house and secured the house . Daniels said they stayed in their position, until told to clear, } and he heard that one of the S .W.A.T. team members request that the ambulance crew enter the scene to attend to the suspect . Daniels said at this point he stood by in his position until Deputy Dahlstrom told them to pack up their equipment. Dahlstrom is the . team leader and told them to return to the command past . Daniels said that their was not any discussion about the incident and it was his opinion everyone was handling themselves in a professional manner. Daniels said that he was told by Lt . Coggan to return to the scene with the investigators to walk the investigators through the scene . Daniels said that Sgt . Gilbert also directed him to make a sketch of the scene . This occurred after they had returned to the Field Overations Bureau. ' Daniels said that this was the only discussion that occurred prior to our interview with Deputy Daniels . . i We concluded our interviews at approximately 0842 hours . 1 Our interviews were tape recorded and I placed the original tapes into evidence at the Field Operations Bureau in Martinez . Ds DC L}CA L7OC DL Do Ds* IIY C)Ybr p No p Jv+ p COWW •`" M"Oly m r].cs E)~. Z]PLO. p&W- x AMOVI c4061*1 M"V 1T.04m /Trm"No ti Owxx T] c...M D c+WO"t.O+-- p+..rr+r Fs+d A 5-9-95 1800 CO APOra wot.P"*JQ so wo...No r.Cam xt ►+p- i FOMA s V%w.I fft) _ 0088 „""�f' G�•i-aye.•.,, a ..... :...o:...vim_.... --._ �...,.:.:;..tea ti. ::ate - .. .� _ ... _ OConnnuat'o^gI Box 391 Martinez. California 94553,r^ ,�.." .. .7.._.._.."M HRO `'1 Art �Supp+amert , 2.Gty Cone 3 Cnme/Ctassiacation 4.Detail t 4. 5.Mori 1.ER Ng. EE 95-10679 Cen ( ASSAULT WITH A. Da DLY WEAPON 2. 2-36 - '-471'97'051 . a /D to /Tim f O curtenee 7 D to J Tima Re ned- 8.Employee No. �19195, ►0 �+�19/95, 1715 " 19222 9.Racjo- .ri Adoress J Location of Occurrence f'�Lo" 222 Anderson Way, Martinez 7t []PRI rJ VIC WIT p MSP ❑RUN E)SUS ❑LEAD Cjj-Other 17-Name(L.F.M) 13.Race J Sex J Age 14,0011 15.Driver License No. Deputy Jess Deanda, #40193 16_Address (Zip Code) 17.Home Phone 18.Employed By or School 19.Work Phone Contra Costa County Sheriff's Office ( ) 22 Hair 21.Eyes 22.HL 23.WL (24.AKA/Maiden Name 25.Social Security No. 26.Further Description(Scars.Tanoos.Mannerisms.Clothing.Etc.) 27.Booking or Cite No. 2&. [)PRI CD VsC g�WIT Q MSP []RUN ED F LEAD Cl Otner 2a Name(L.F.M) 30.Race/Sex J Age 31.DOB 32.Driver License No. Sergeant Matt Chertkow, #40187 32 Andress (Zip Code) 34.Home Phone 35.Employed By or School 36.Work Phone Contra Costa County Sheriff's Office ( } 37.Hair 38.Eyes 139.HL 40.WL 141.AKA J Maiden Name 42.Social Security No. 43,.Further Description(Scars.Tattoos.Mannerisms.Clothing,Etc.) 44.Booking or Cite No, 45. Q PRI 0 VIC R1 WIT MSP n RUN n SUS ❑LEAD ��Other 46..Name(L.F..M) d7.Race J Sex I Age 48.p08 49.Driver License No. v 1 lG � 611-Aoaress- (Zip Code) 51.Home Phone ( ) Employed By or School 53.Work Phone ront-' P C t-V � psi-^r r rj c 54_Hair 55.Eyes 56.HL 57.WL 58.AKA J Maiden Name 59.Social Security No. 60.Further Description(Scars.Tanoos.Mannerisms.Clothing.Etc.) i 61.Booking or Cne No. 62.Ven J Ves163.Lic.No.(State) 64.Year 65.Make 66.Model 67.Body Srpe 163.Color Top CDs L..'ViCt Bottom 69.Status 70.Registered Owner 71.R.O.Address (]Len Impound 72.Towed to or Released to 73.Who has,keys? f�Stored 74.Evio. C1 Yes 75.F/P Yes 76.Disoo of Evidence 77.S Missing 78.S Damaged + MNO I ONO 79.Brief Synopsis of Incident (1) Q) ' (3) (4) i u LJ - (5) (6) n) �- 80.Distribution 81.Additional Routing ❑B ❑C MDA MOE [DL [DO ❑SR M Investigation o Vice ❑Narcotics OJuv [-)Coroner 82.Reporting Deputy(Print) 83.Date/Tim Wrinen 1I84• L)S p Property Ck. p ACS ❑fntell. M R.O. ❑SHG Sergeant R. Weckel G. o D I ❑�h�Patrol Captain C3 Compl.OtG F1 Marine Patrol 85,A,p vista Supx(Print} 6. Q q 8 �te f 8c'. fa FORM A (Rev.1/89) 0089 Conunumoon enta „- Cai r --I HRO 7 A" 1.DR No. 2.Cjry Code J-C"I"/Classitication A.Detail /4 95-10679 Cen IASSAULT WITH A DFADLY WEAPON 2. -7 I I I 7,/Dote I T 10 currence 8.Employee No. 19/95, 7466 ',4710' -R,T/715 5 19222 9. Recla .0.Address I Location Of Occurrence ficat,- 222 Anderson Way, Martinez it 0 PRI 0 VIC j-]WIT ORLIN OLEAD 0 MSP CD Sys M Other 12.Name(L.F.M) 13.Race Sex/Age 14.DOB 15.Driver License No. Sergeant John FbIwider, 4127164 16.Address (Zip Code) 17.Home Phone I&Employed By or School 19.Work Phone Contra Costa County Sheriff's Office 20.Heir j 21,Eyes 122 Ht 23.Wt f 24.AKA/Maiden Name 25.Social Security No 2&Further Description(Scars.Tattoos.Mannerisms,Clothing,Etc.) 27.Booking or Cite No. 2& ❑PRI 0 VIC E:l WIT 0 MSP 0 RUN 0 SUS Fj_LEAD Other 29.Name(L.F,M) 30.Race Sex Age 31.00B 3 river License No. Deputy Cynthia Kay, #43058 1 1 33.Address (Zip Coca) 34.Home Phone 35.Employed By or School 36.Work Phone Contra Costa County Sheriff's Office 37.Hair 1 38.Eyes 1 39.HL 1 40.WL I Al.AKA/Maiden Name 42.Social Security No, 43.Furiner Description(Scars.Tattoos,Mannerisms,Clothing,Etc.) 44.Booking or Cite No. 45. [D PRI 0 VIC FWIT MSP 0 RUN n SUS LEAD Other 4&Name(L,F,M) 47.Race Sex Age 48.60B 49.Driver License No: 1)-nut-v Charl P-, Mnu2d, #20655 1 --- 50.Address (Zip Code) 51.Some Phone Employed By or School 53,Work Phone 54.Hair 55.Eyes $6.HL 57.WL S8.AKA Maiden Name 59.Social Security Nc. 60.Further Description(Scars,Tattoos.Mannerisms.Clothing,Etc.) 4 61.Booking or Cite No. 62.Vert/Ves 163.UC.No.(State) 164.Year 65.Make 66.Model 67.Body Styie 63,Colo.Too Cl S 0 Vicl III I Sonom 69.Status70.Registered Owner 71.R.O.Address D Left F)impound 72.Towed to or Released to 73.Who has keys? ri Stored 74.Evid., 0 Yes 75,F/P OYes 76.Disoo of Evidence j 77.5 Missing 76.S Damaged 0 No 1 . 0 No 11 79-Brief Synopsis of Incident (1) (2) (3) (4) (5) (6) (7) $0.Disinoution 81.Additional Routing FIB MC ODA ODE OL 00 OSR OV Ofrivestigation OVice ONarcotics Ojuv OCwoner 82.Reporting Deputy{Print 83.Date t Time Written 84. 7 Property Cit 0 ACS 0 Intell. 0 FLO. 0 SHC Sergeant R. Weckel O Patrol Captain n Corrol.Otc. 0 Marine Patrol 85.Approving Suov.(Print) 86 Supv.No. 87.Date 88-Race OtherL FORMA (Rev.1/89) 0090 ---------- 1�4/11.OR No No 2.City Cooe A.Deuid 2-4-J A s.Mere 95-10679 Gen ASSAULT WITH �A DEADLY WEAPON Persons Day"D T 'A DEADLY /Date/Time Of�Dccurtence 7.Date Time Reported ErnpJOy&&No. 19 2 - 0 9/;95. 0400 4�711 - . - 171 222 9.Reclass- .0.Address/Location Of Occurrence :1: #Cation 222 Anderson Way, Martinez 11. 0 PRI 0 Vic X-1 WIT ❑MSP ❑RUN 0 sus ❑LEAD i I Omer 12.Name(L.F,MI 13.Race I Sex/Age 14.DOB 15.Dever License No - r RnhPrtn OrtJ7 X�456q I I . 16.A06ress (Zip code) 17.Home Phone 1B.Employed By or School 19.Work Pnone rmtrp nsta rr),inty Sherif is Of fj r 20.Hair 21.Eyes 22.Ht 23.Wt 24.AKA/Maiden Name 25.Social Security No, 26,Furiner Description(Sears,Tattoos.Mannerisms,Clothing,Etc.) 27.Basking or Cite No. 28, 0 PRI Vic Ly,WIT 0 MSP CI RUN Osus O_LEAD ED Other 29.Name(L.F.M) 30.Race J Sex/Age 31.DOB 32.Driver License No. Lieutenant Tom Co an #21420 33,Address (Zip Code) 34.Horne Phone 35.Employed By or Scnool36.Work Phone Contra Costa County Sheriff's Office . I-( 3Z Hair 38.Eyes 39.Ht 40,WL 41.AKA/Maiden Name 42.Social Security No. 43.Further Description(Scars,Tattoos.Mannerisms,Clothing,Etc.) 4.4.Booking or Cite No. 45. L7 PRI C:1 Vic WIT MSP RUN O sus F1 LEAD- El other 46.Name(L.F.M) 47.Race Sex J Age 48.DOB 49.Driver License No. Deputy Randy Beardsley, #41161 II Address I (Zip Code) 51.Home Phone Z Employed By or School 53.Work Phone Contra Costa County Sheriff's Office 54.Hair 55.Eyes 56*11L 57-1 Wt 58.AKA/Maiden Name 59.Social S ecunry No. 60.Further Description(Scars.Tanoos,Mannerisms.Claming,Etc.) 61.Booking or Cite No, 62-Veh/Ves 163.Lie.No.(State) j 64.Year 6S.Make S&Model 67.Body Style 63.Color Too CDs ED Vj.1 I It I I I I Bottom 69.Status 70.Registered Owner 71.R.O.Address 17 Lett 0 Impound 72.Towed to or Released to 73.Who has keys? -ED stored 74.Evict. Yes 75.F/P OYes 76.Dispo of Evioence 77.S Missing 78.S Damaged Na No 79.Brief Synopsis of incident (2) (3) (4) (5) (6) (7) 80.Distribution 81.Addt66onaf Routing OB OC ODA ODE ❑L 0 0 TSR OV Otnvesbgafion MVice ONarcotics njuv f7Coroner 82.Ragnp Depu 83.Date Time Written 015 MPTOP"Ck. OACS Ointell. rjR.O. OSHC e geMVPRr1n•t Weckel O Parrol Captain Ocompi.Ole. OMarine Patrol 85.Approving SUPv(Pring 86.Supv.:Nd. 87.Date 418. r)Omer FORM A (Rev,1'/89) 0091 �Corrt{►sy»r+ r. =`GOh1TR�a ...57a1`GX7Lrict`t arsr-iurru.:.::.. �.r�.., _ �. �<...._ 1._.. ... . .._._.. s,l «++•t �. 3= 321,M&rtr sZ Caaiocnia 94-543-7---3—, C L OR ad& Z Car Carr 1 Cetir+s/C�.orr a — 9 d W :. w.... e..,ft. & F. HORNBERGI. , Brigitte i 19/95 19222 t A.0*10 t/LA" • to UIZZa Nset t A..F.K 2 rG W v rtinez HORNS A T ti 's 11,htsow+�L�rr,aya«S t+tiptxrndrG.ltaCo++r4 Ft+o,4 Lo-K Stern.b r kwr--w.MfrJt.Ouanay,pra tM0a/W ncRacO W't LLD"Nv-bv.S"N.xr*-.titkGW4M4CKs D"VVt-0 t L=Suo., Ve:,w l T&LrL VWur.l+Ckt9a Tota)Lows-ULT IN FOLLOwsNG Ookxk N C OffsmgX Naar,la J.r.a+ry:C;004N%.Fun:II1VW$4�+c C Ort Egwor+K'4 F)A&6.•o.TVL Or- 12)Prow-a 4 lia,war,o+d GloXk.4 Mar- TI etS Jiarrst.s i ltiawrrr+u r 4/20/95 , 1 a.m. , I was phoned at home by Sergeant Knutson. Sergeant Knutson told me that an officer-involved shooting had occurred in the Martinez area. Sergeant Knutson requested I respond to the Sheriff ' s Office Field Operations Building to assist in the investigation. 2 : 09 a.m. , i arrived at the Field Operations Building. I met with other Sheriff ' s Investigators and District Attorney ' s Investigators. We were briefed on what had occurred. We later went to. 222 Anderson Way to view the scene prior to starting our interviews . I was assigned to work with District Attorney ' s Investigator Robert Caskey. 4/20/95 , at 4 : 17 a.m. , Inspector Caskey and I interviewed Deputy Jess Deanda. The interview was tape recorded and is r being paraphrased for report purposes. The tape will be turned into evidence. Jess has been employed by the Contra Costa County Sheriff' s Office for eleven years . He is currently assigned to the Cour` Services Division. Jess is also a member of the SWAT Team. Jess is currently on vacation. At about 2130 hours , he was paged at home. He called Sheriff ' s Dispatch and was told that there was a barricaded subject on Anderson Way off ',Arthur Road. Jess reported to that location for further assignment. When Jess arrived, some. of the designated marksmen had already set up. Jess was paired up with Deputy Forsyth. They waited at the Command Post for further assignment. Sergeant Woolard assigned Jess, Deputy Forsyth, and Sergeant Chertkow to the rear of the residence to assist as a react team in case the S exited the rear of the residence. Jess remained at the rear of the residence for the entire time. He was unable to see anything that was going on from his location: Jess could hear muffled voices every once in awhile. Jess said they were at the rear side of the house .O..eaA..ow u.AairroR+r+hwuw+0 ON Dc nw DOE DL DO DM DV D+• .r...o at.r., D v o. 0+aroo,fct D.►+* D Car+.+rr D prWWV ek j�Mm D�1 D KO. D 5440 x y DW6*y R-V n.a.. i Two vwrw.� u D PION +c...:% D c�,vt ok. D L....+.r.rro+ Sergeant R. Weckel lu 21*Dow 0092 M c --- 5ii►' v�t-�•K-�. ,�::n:.:..,.. ,,:,.�: ...:,..:;..�,,. . ti ...v. ._... ...�.W�. .....:.__ ..e..._, _ .....,,.� .. ?. Boat 391,Mitr'tr4LZ. C4nIOfral 5553 Q`,_: HPO j] �.G�*,�/G earrn a.D�t. 1-44:)A t.GR M► _ 3 QY(:tre+ T !: ? �fi �tit�n 95-10679 e k -D z.4719/95 19222 �� ..:• HORNi3ER Brigitte- t A4Cru" ejcc," " t¢ A,�pacSa hwr+r 4. F.W 1 2 v rtinez HQRNB r ; kroovr4ed.Fiw�FM14 CO-i Shirk+.%wh NambV.Arndt.O%A&f%*r.or" i Lta6�tiumtk*.FWL 01 � Q Oma 154v1pnwnt� h►bes.7'Y� ice. '1tywi T&Ur1 Yid6a,hC*. T=J)LDO-LST N FOU-DOA�4 00DEPL N C'"cl,N,,,L ti��'rl a�^4 ai ruvo"M w M*-*Voe aoza, a Mae- 12,R.csx.ss FtxMrf to Karrssw J S;AW rs behind the fence . They were to the right and were about at the 9 : 00 position. Jess and the others remained at that position until they were released. When they came around the front of the house, the S was being loaded into .the ambulance. Jess said he did not see the S ' s weapon. There was another two-man team also at the rear of the residence. Jess said while he was at the rear of the residence, he heard one gunshot. This was near the end of the incident. This was the only shot he heard. The interview was completed at 4 : 25 a .m. 4 : 30 a.m. , Inspector Caskey and I interviewed Sergeant Matt =r Chertkow. The interview was tape recorded and is being � .. . . paraphrased for report purposes. The tape will be turned into evidence. Matt has been employed by the Contra Costa County Sheriff' s Office for ten and a half years . He is currently assigned to the Main Detention Facility working the graveyard shift. His hours are 2200 to 0800 hours. Matt was at work when he was paged. He called Sheriff' s Dispatch and was told the location. Matt is a designated marksman and responds -directly to the scene. Upon arrival at the scene, he was the first SWAT Team Member there. He parked on Anderson Way and Arthur Road. Sergeant Fulwider contacted him there. Deputy Mahoney also arrived. Sergeant Fulwider said that they had come to 222 Anders''on to do a welfare check, and the subject wouldn 't come to the door. He had a five-year-old child with him. Sergeant Fulwider told him that he went to the door and knocked on it. He then talked to the subject through a crack in the door. Sergeant Fulwider told the subject that he was there to do a welfare check on the child, but the subject wouldn't let him in. Sergeant Fulwider then tried to force his way in, but the subject closed the door on his hand. Sergeant Fulwider gave them a DS IAC DChk DD DL Da C)SA DV D~1. p P.o. D 6mc ,c�.oar.r,�Dir�.+�*o Dti ,.F Sergeant R. Weckel ...- �y„p�;,,+.,,,,,.rrrd :.?. Bax 39"1,1.tarntsaz.CaQfotr`it�► gc�a:s-w.. �.. ._. r. .. __.�. �.� ,.� .- - �- t .05-1067q kT 2. F, L D4s�1Or9FI9�5 1 l1E9rr2kr2b2 � 3EG ige TM M► L f.W 222 Andt-rson Way. Martinez H0RNB tt,a"s*poll Drn vwt %%Pcvt4*d,a*CPvV-N&Fax4 Lao tole"-bwNN kombr,.AeVCJI.0v&ftVp,SrMr,d/L4k�/LtarrJL�C4 KK't Lk#Nvn+br,S«++i hlAxrCw,mak: "Ikl+rr�Td.n,YMaua,lKiu'S�TGtai Lar-LiR!!FOLLOMwG O+tAf>t N C,�r�r+cX+rocas�>���T7 p Csa�'++l'Ki.fvr�t$wrrc'+«c D C�c�......-•,...,.,........ .., ..;._ CQ rk-MMU.w N064a+Cde 000a:1.U411- 1Z.Aaco-' rid rl"Ov! :3.Wrrss.s I IPAurn.rm brief description of the subject. They were told he was a balding white male, about 5 ' 11" . CHP had also responded to the scene and asked Matt if they wanted the road closed down. Matt told them that they did.. _ The CHP Sergeant later contacted Matt and told him that they had five cars and had closed the roadway down. Matt reported to Sergeant Woolard, who had arrived on the scene. Sergeant Woolard sent him to the residence next to 222, Anderson to talk to the wife and get a sketch of 222 Anderson. Matt was also to find out if there was any custody orders in existence. Matt said he spent about fifteen minutes going over the layout of the house with the wife. This included the location of windows and doors an-4 « the way the doors opened. He also asked the location of furniture insi.de- the house. In talking to Brigitte, the wife, Matt learned that the S had threatened her with 'a shotgun on Tuesday night. He had unloaded and loaded the aun several times. He had pointed the 'gun at her and threatened her. He had also threatened her Wednesday night, while they were at the hospital , but not with the weapon. Brigitte told him that the S was paranoid and acting crazy. The S was saying that the five-year-old daughter was being molested. Brigitte said there was a rifle in the house. She told Matt that on Tuesday night, he had been loading the rifle. Matt had her describe the ammunition and, from- the description, Matt determined that she was talking about a shotgun. She had describeq the bullets as big, red bullets . She thought there might be other weapons in the house, but she wasn 't sure. She also said that he normally kept the shotgun in the back in the office up on a shelf. Brigitte told Matt that while they were at the hospital; the S told her that she better move out of the house -or he was going to do something to her. She was kind of vague, but the way she said it, it sounded like a threat, but he didn ' t u Dwns,,�o,r 1-1 Arr�wrra�+r+p f7-0111 pc ODA Daf DL Do Da Dv B R++*'►r is p ACZ 0~1 p r<o. D awc x+wooIr+n o.arr t*­o I,Dow t Twn YWaw+ D+"- Ser east R. Weckel _ 'D o7+.r ,�.A,►�rvarq s,,,..A"**+u ae� s...• wo r,.o.. � � ---------------- OMAar r►ft.,�a 0094 ._.._-_ ._ ._..•.,...w.•rrw-n.—.._._._...__-�,... ..<..f lam_ JA".�«.�_.�_-��...�.....�_.r esaR.sS.r�w.i iL.It. 00 B= 3SI.MArt C4010M11 r4LZ. HPO M 001L L CRY CAM" cdv"Olc 7 TAI - 2. ?16 bw� Mf= 7. E-4ftr-ft& .:MR&EMM, Brigitte 4 19/9) 19222 Anderson Way. Martin:z HORNS QFR A )io nj,_T nili c W?wn ToAw\.Wwk hAx>t TmA)Lom.UCT pi F(>L1L7vM NG OA. k A)C'eywcY.MMS16 IN jq-str),q Cwt-4-F-%.01 vw%ckc D M"bavo-WL r)N66a.rVL W--. %)nVar".4.4 KX401,064 Go**&I"&r- JL A&C 0.Was IN V"'V say you better move or I 'm going to kill you. It was more like you better move out or something ' s going to happen to you. Deputy Mike Costa then came in. Matt introduced Costa to Brigitte. Matt knew that Costa would be gathering intelligence information from her, so he left. Matt returned and gave the information he had gathered to Sergeant Woolard. Sergeant Woolard asked him to take the sketch to Sergeant Newman and have him formulate an entry plan. Sergeant Gilbert then sent Matt with Deputies Forsyth and Deanda. They were sent to the 12 : 00 position at the rear of the house and were to set up an inner verimet&r there. They would then take overthe. responsibility of an arres"C-team, should the subject come out that way. Matt explained that using the clock, if you were standing looking at the house, the -front of the house would be the 6 : 00 position. 12 : 00 would be at the rear. When they arrived at the rear of the house, they found Deputy Mahoney was already at the 12 : 00 position. Sergeant. Woolard then directed them to try to get in close to the house to act as the arrest team, if the subject came out. Matt looked over the fence and found there was no cover. They then travelled down* tlye fence and ended up at the rear of the house. directly to the left of 222 as you face it. They stayed at this position until the incident was over. Matt said he could not understand what was being said out front, other than what he could hear over the radio. Matt heard one shot that was shortly before the incident was .* over. When he was relieved, Matt went to the frorrt of the house. The S was lying on the porch and was being treated by fire and ambulance personnel at- that time. DE [D L E)0 Ok-we"4600% OVICO C]ftwaafts OA^ Clow.,. IDPPOP"Ck C)ACT C)WwAMI C3pLo. C]S.WC U.^"Od"Ory O*PL*Y M-0 YT.own I Trft V*=W OP-Gfowftift cow"Pt-cose. Omvw Pon Sergeant R. Weckel &%JVW NO rJ.Own 0095 _.w.. '�. Buc 3�i.l,dtrtintz.Cautornis 41553 cX- p,Pc 24 5A G k' -_ 9 5 —1 HoPOEARGIa, Brigitte 4 19*/ 5 19 Z??�'• Lic.. •r+co.+n�.+a. to 5,,,�,.ci•►�.+`.�r.I+p 2 v rtinez HpRNB T t2.hap"Or-ww*t f 60TICw.LR rnan�,_,u�Deav 00%Laca"0, yr r 1, sQ fav+cL LoaL ffit�r+.W*MumSts*.Aeode.OusnRY.Mr"/141u/idiMltaC4Xsr i HuR+t+K. - Eq wt!'y AaeS..Tva sc_ tN!wti T"^Vi3sW t4o�Tow Loft.LZT N FOLLO*dNG C'A'%Ek N G-rran T.NO"L Gt1 resannk w H--Ox"11 q LYac. 22.ltsearant hapsrlf= 13.Wrrairn/,fitMrrr+rrtir The interview was completed at 4 : 50 a.m. 4/20/95 , at 5: 05 a.m. , Inspector Caskey and I interviewed Deputy Mike Dahlstrom. The interview was tape recorded and is being paraphrased for report purposes . The tape will be turned into evidence. Mike is employed by the Contra Costa County Sheriff' s Office. Mike has been so employed for ten years . His current assignment is with the San Ramon Police Department, i and he is assigned to the Central County Narcotics ( Enforcement Team. Mike is also a member of the Sheriff ' s SWAT Team. Mike was paged at home, and he called Deputy Mahoney and told him that he would be responding after he arranged for child care. Mike learned the location of the incident from Deputy Mahoney. Mike is the team leader for the designated' marksmen. Upon his arrival., Mike changed into his SWAT clothing. Sergeant Woolard arrived and was being 35ri.efed. Sergeant Woolard then sent Deputies Mahoney and Ryan to the 12 : 00 side. Deputy Daniels and Mike were assigned to the 6 : 00 side.. Mike and Daniels were behind a pickup truck that was just to the right of the front door, as you are facing the building. They were slightly off from the 6 : 00 position and at about sixty yards out. They were across the street from 222 Anderson. From his field of view, Mike could see everything on the 6 : 00 side. This included the bathroom window, the living room wipdow, the front porch, and two other windows that had shutters on them. Mike got into that position and remained there the entire time. on several occasions, Mike could see the S moving inside the house. At least three times, the S came outside and went back in. one time, the S brushed up against a sheet that was hanging over a window and knocked it down . The S looked out the window. Twice, he tried to put the sheet back up, D+..awrsa++ ti.AMONOrdd L)s 0C 0 C 0 O pL pa C)$A L`lV n P'*0+f Q O•SGS Q ") [3 KO. Q 8MC x a.a�+n o+�T t►*�w sT.a...�Tsws MRwr14+ O ft"COM. p Ow pL ok. p rwr»nira+ Sergeant R. Weckel .oma 2 V*, 0096 Coh7pj.--�JSTA COUNTY & S Pr-rAl I Z3 D. Ht�aPFac�x 3srI. WC MAacm� L an toX Cary C-aft Cen A.I RL 4/19/9 oma Ar 19£fi222 no&AIR, Brigitte _/ G Ada"sr/Lac- �S'apoa&moo*4..1.W2 W r. Martinez 11 HORNBFRGFR. Ant ay S-1d Nanbw-V DeavrbcrL LAC&%.0, LW,tm4n-L&M N4mbw.k%cit,O%Af%*y.lk" W?*"T"#^,%Vvc rc*� tow Lom-UST N FOU-OMNG O�PL A4 C,-VVY.N-ML p4ma-0,0d 00046 4 UAW- 11 k&rTsive I Siam W but was unable to. There was a lot of movement inside the house. The S moved around the house, looking out different, windows . on a couple of occasions, the S had the shotgun and on a couple, he didn 't. When he came outside, he had the shotgun with him a couple of times and a couple times , he didn ' t. There was a child in the house with the S . On one occasion, the S carried the child and the shotgun out onto the porch. He had his finger on the trigger. Mike was watching him for a head shot because of the way he was porch p the o the front of - holding the child. The S went t. L. - near the railing, turned and laid the shotgun down on too of the railing. He was exchanging conversation with Deputy Chris Thorsen. From 't-here, the S picked the shotgun up by the but-%--- , but he did not have his finger on the trigger this time. The S turned around and walked back inside and closed t the door. In looking through the scope, the appeared agitated. Over the radio, Mike was told that the negotiators had the S on, the phone again. Mike heard on the radio that the S was not on the phone anymore. Pretty soon, the door opened and the S came out, with no shotgun or anything and Dust stood there. The S looked around, went backin the house and closed the door. The S came out i aga .n, with nothing in his hands and got into a conversation with Deputy Costa . The S didn ' t stay on the porch very long and turned and went back inside. Mike then heard the negotiators had the S back on the phone. They then had the little girl on the phone. They were trying to get the little girl to come outs-id- . The S. then got back on the line. Pretty L soon,' the front door opened, and the little witL_ girl came ouL. h the S behind her. The S was still in the doorway and had the shotgun in his hand. He was holding the shotgun down by the butt, with the trigger toward him, and his hand over the top of the gun. The S was talking to the little girl . The little girl was standing about six * feet in front of him. The girl seemed to be caught in a conversation between the S- and Deputy Costa . Mike could hear on the radio that they were saying to remember to tell 5 Qc pw C)DE r_)L pa pWk MV MAP+.«.qsv­ Mybw Chwavacs [DAPv Cc— r3p4w-prck 0A= 0~1- [OKa. 03"C x p0ow"ow P"no [3P- owm.;n P" Sergeant R. Weckel Aoprv"a"". oft rt,Dew 1 ' ?�.,a +«w► `'�. 8ts�c 35tt,ivtarbns.Z. Cattfcxrs3a �s -v L j Lj Y L OR� L C*r tt+ar 1. +► Caarro�ry t. �, 4 t � 95-10679 A n V, !. 7 tour., l Vhcsn+k► ILF,ho7.# or-.N- ran t E+*i+wp�w NR HORNBERGER, Brigitte 419/9) 19222 1s... L.,c_ 'ncaa,.x» ac tit•N.n a c-F.W 222 Way. Martinez HORNBEZQER. Anllnnv n./400"D~VOMM **r owl0ed.X+aanrs4 Fou0.4 LoeL .4m 1iu+nAst,A^CJt.Ownth,trv+d�►LalrJ/tdtrtilticb�M`t tto¢�t NexnC�.5urtai Nurrt�ur.NYp�r�,�Dwcr LyouyQ., rr'%. Taksr,.Wvk P-C*o+TOW Lor-LWT*r FOts.t7Mr 4 0�E1t N C.nrj.Naar:W.W yt r q C3*we'h&Fv-L et YW%4 C Q Osa ba,> *wc F)R+6o.rVL W LAW.-- U.t4cxa.r.s FrM+r1r{ tl Nmtry iia»rs»rrt them it ' s Mike. Mike is the name that you want to 1 them. He could also hear Deputy Costa yelling, "Je! this is Mike, remember, you ' re supposed to talk to 2 ' The girl then turned around and headed back towards The S then stepped back into the doorway and set th+ down. The girl talked to the S for a couple of sec, then turned around and walked further out on the po: j S reached in and picked up the gun again. This tim j picked up the gun by the butt, holding it so the tr 1 towards him. His hand was .toward the top of the st S was talking to the girl, as she was going down th_ The S was walking out, and the girl was talking to Deputy Costa. The girl then went back up the stairs past the S and went over to the corner back towards the picture window. The S came to the front of the porch. There was a handrailing on his right-hand side and a light that was kind_ of bright. The S turned and leaned over and set the gun down and started .to stand back up. The .barrel was turned . down, the trigger was towards the S, and the stock was sticking upin the air. Mike said that he then heard a j report of a gun. Mike said he had watched the S going back and forth. He had had his finger on the trigger, not being j sure'- what the S was going to do. When he heard the shot, Mike said he was consciously thinking, "I didn 't shoot. '" _ 'Immediately, they got a call from Sergeant Woolard asking if they had issued a Delta Order. They told Sergeant Woolard it wasn ' t them, and they didn 't know what had happened. Mike said he then heard someone say that they had hit the S with a non-lethal beanbag Bound. Mike said as . soon as the S set the shotgun down and stood up, they heard the shot. The S then fell backwards and went down. As the S was approached by the SWAT personnel , Mike overheard someone. say that the S had a self-inflicted wound. Deputy Costa took the little girl and was taking her off the porch. * Mike said he was trying to remember in his mind, as he watched through his scope, if he saw the S ' s gun slip and fall to cause a D; DC tea► C DC ED Dc Dry Div, D c...++.r D t�!„p„q, Q D act D t+.n. D Ro. D�++0 st F�.o +t Orovy!**+rw ,t.Ow. r T,+.'Woo, u ate.: Op opla ❑cW"PL ox. D wr+r..Mroa Sergeant t�..�.P, 20 ,,a� 20 s.00. a. . 0098 C0KTnA--.­ ;TA COUNTY SHERIFFS DEPA.RTME.W,­ I LAO I~­o Box 3sn,martirez. C&Cforrllz g L Oty cm. 4.D—W 4:)A OL110679 I CPn I-A.D,W, )HORNBERGER, Brigitte 2719/95 19222 I.-A4*VW Jf UW— 4e .....ca c Saoecrs N&&*C.-F.W 222 AndersQn Way.- -Martinez HORNBERGER, Anthnn�: 1L ftQW'1T D0bQ?V*Wr Wro-15od.P---Wvd.F&-4 L049.tto4m-Sam Nm_-W,VVdt.O%A&nk. DOSVV,,,,LW 10c, Whw%Utsrn ti' wk 11+dN„'1t ToW Lzn.Li9T pq FOLLOW"G ORZEPL A)C,T,,CW.NOU,IN J*-*rJr C;c6pr,­4.Fun:0)VWkkK 0 C� 60 +L F)A&".TVI W_ IM)n-varm 4 Hms&*406 Goodr,4 War- tz.Facow W-M PI Mow= 111 ZZ./xwm. discharge. He couldn ' t remember seeing anything like that. Mike only heard one shot. Mike said he watched the S set his weapon down through his scope. After the S was shot, Mike came off his weapon and started looking. Mike watched the S go down, and he never got back up to get his weapon, so Mike could only assume that it was still there . After they moved up, Mike saw the S,1s weapon laying outside of the porch on the ground. He did not know who h i"L--. Somebody had ejected several of the rounds on ground. The breach was oven on the gun. - 9 to... 'When Mike first got on the scene, Sergeant Fulwide Scene Commander. Sergeant Woolard was the Ta6tica Commander. Lieutenant Coggan later arrived and wo taken over as Scene Commander. Mike said he was n a De' lta Order. He did not hear any traffic regard non-lethal weapons . His observations of' the S wer the use of a twelve-power scope on his rifle . When asked, Mike said that he felt that the girl danger when the S came out carrying her and the st. The S was agitated, had his finger on the trigger, girl ' s head was resting on his hand where the tris Mike was concerned for the girl ' s safety because C' actions and the fact that he had a shotgun. Mike to 'hear the :S Is conversations, but could tell from his gestures that he was very angry. He could tell that the s was being uncooperative. He didn 't like what he was hearing from whomever he was talking to on the outside . Mike could tell this by the way the S would go back in the house, close the door, and get back on the phone. From his position, when the girl started down the stairs, it looked like she was going to go over to Deputy Costa . Mike didn 't know if %L AWWOOMN ftv" CC CO. CDC CL [DO CM OV 00--"bm Cy%** C3hWV0*CJ [3j" [:)OWWW 0"""Ck CA= []W-..W1. CpLO. C&P"CC ic ANP0­q 0006*r fflr� I?-Dom J'Tw"awwasin 14 CP- On-6, Poo Sergeant R. Weckel bw".PP I .20 5,0.oft 21 Dow 0099 D „myon COKTRA•....3TA C LINTY SMERIFrs DEPS ATUEk.-. 104TOt�oo wow � � � �. Bax 39t.�arrtinsz Canto res 41SS3•pl , Dir DAr" L Lx ti.. i car G 1 c.,m.rc a.a...I t 7A g 5— e.a kT tca*.. i ym++. a JL F,' z k�19/9192 22� D J HORNTBE RG Brigitte I A.00r°aar t Lx.. ''�"�oC►a* rro�1 1Q U000 Sa ft-"*{L F-K Z v Martinez RNB r Tanis 1L t'TCq+K�t�w'wMwr ' 1�cx+^Ord.NC4.-I i P M-1-i LOW,ti.K -b%N4MbW.rLWf,O%A&M*y.brsn0lLLiks/l ynuLtt xar'i 1.taSat wiumtw.S Lt tiai+OR.lt1��yRsrtiaecx OwerveueL Ls+rase� tkTart Takarn Y 646 0%01.40 TCW UDIN -LWT M FOLLO ANG 091>ER+V C4A'TW4;-WQ& JOWSWr:A C+oe++e+g FWM 0!Wn�Q Ca'iea bavo-w+s-F)ft& c'TV%.at: C)FYr�xr;hQ hiC�.ralYi?O�c+ac;4 L,ilat it.Rrca.arK Pro1"at: ti NarTatw!itttrrr»ras the S said something to her or if something was said from Costa to her, but she went back up. Mike said he had problems hearing, due to the generator on the Command Post and two dogs that were located behind him that were continuously barking. The interview was completed at 5 : 35 a.m. a`S i J D! nC DA C)DE DL DQ W ❑V P?%Wtr Ck C)ACS .D h-OW1. Q RG. C]5"C x Favoe"cakor P tT.Do% IT W"PO rKme u -Or- -.cti.+M D� Oft. Elmo P.�a,o+ Sergeant R. Weckel D o.... .a �.«�....,+sem,..�•*•o ro s.�...«p xt.Dow _ 0100 CONTRA ITA C511Rty SKEFtiFFs Dcrrr, ••x.: , -.r- ?. Bax 22,1. artir4Z Canscz nli 9.4553-C�-, Q HMOD k*ayc 3�,�pite°'I/lrti . L V^we► i Cal Goon . 1 G'**r/Caraer,omme,t a.C+w+t. 4?A 95-1067q i - !. 7 fcsw�n L HCin�!e►+J��. F. Z � '"�HORNSERG Brigitte : `471919 19222 limy 0L.F.4Q Z v Martinez HORNB 111.hor+K�DprayM�'C W,v,,+,4ed,Aocv -pi Fo.- ,Loc,tzir+.bet+Ai.c+tsDtr.APtlGt.Qtaeh>RSra+50/L4akr/LUr*Kb_-U'er'9►tacSet N gr,6W.54r4 N�srfper.L1�rtyno. Drrryoc+n Lxston V,7we Taxan Wua r+ ce Tow Lam•LXT Ft F(xlt7 NG CKDEPL AC+.r )L Wocm C *w*rr. FuM D► lr��+ert F)A443po.Tft eC: II}irirw+r+r+a:t4►�rn,,e.eno+4��:A aatet u.Rrcoo.ere,t htiprr i t3,wrrs�.e/fiefrnrr+M/ 4/20/95, at 6 : 25 a.m. , Inspector Caskey and I interviewed Sergeant John Fulwider. The interview was tape recorded and is being paraphrased for report purposes. The tape will be turned into evidence. John has been employed by the Contra Costa County Sheriff ' s Office for over twenty years . He is currently assigned to the Patrol Division working as the Valley Station Swing Shift Patrol Sergeant. His hours are 2 : 30 p.m. until 10 : 30 p.m. , with Friday and Saturday off. His call sign was 1W24 . John was driving Unit n2216 , which is a fully marked Patrol car with cage and overhead light bar. John said he was told by Dispatch that 1Y22 , Deputy Ortiz , was on-scene at 222 Anderson. Ortiz was asking for John to respond and. al-so for other assistance. This was concerning the welfare check of a small child that had gone haywire::,- ; _ John wasn' t told what had occurred, only that his presence was being requested. When John arrived at 222 Anderson, he was met by Deputy Ortiz , who explained that when he had attempted to contact the father of the child and determine the welfare of the child, he was met with resistance at the door. The S , who was the father, was not being cooperative in allowing him to check the welfare of the child. The S appeared to be heavily under the influence of some type of drug, where the care and safety of the child could be jeopardized. The S also appeared to be extreme-ly paranoid about something. The S ' s wife had' said that he had a shotgun in the house. There had been a problem with him arming himself with the shotgun. Concord P. D. had also mentioned that the S was armed with a shotgun. Rather than risk the child or his own safety, Ortiz wanted the Sergeant and additional officers present, in case something were to happen. D• nC QZA [EaE [)L p0 v Dtr+.e.vrebr, MV-06 Owvaovu j].w+ MCW- 13 r*•p«+y ct. DA= 0~1. D Ro. D SMC x.Dery Deputy Mr-0 M Dom /Two VWMWP� � a- L D CW�o*_- Sergeant R. Weckel D » A#"_1 Wi 30.0w.op f sa a.Oft.t+o n.ate ` ro�•e; �.„s.7 0101 �ccCOHTRf ".3T/1 COtJKTY tHfiRtFf`�t.'DPJ►RTMEN �O�T0000 ��., B= 547,Mar h-41. Cint6rraa 9.4s.534:...r D HPO .L OR VOLx or,cap. 1 c4v"*lC245A 5— E 1236 .�+..., r BRN�jt24a, Brigitte 1. + 995 192 G t bow n!Lac. 'nac"?V" tG s �«cr►hwft C.,11.LQ 222 c v Mgrtinez HORNS �1.ha�.ntt o.w,r•••s . irwpraaf+o�.d.R+ca+rr4,fa+r+4 Low Stain-M.+�+KulsxL`st.Arl7Gt.Qwn1ry.lks++4ru.a�s/�tawts,ctv�.r��+o8.i Mxr+O�.Ssial Fk.r+t�.{t1�tanq,,�Dr.vtivsat Lxs►or. t twi Tam W 6mL -.J TvW Low•ULT N f OU t7VA"G Mar- tz.Ratocs"Pima Ir f tl Nanafv%/&A' 1%29�s John responded to the front door of the location with Deputy Ortiz . John sent Deputy Campisi to take a position to the rear of the location. John knocked on the door and called j out for the S to come and talk to him, telling him that he was Sergeant Fulwider of the Sheriff ' s Department and wished to talk to him concerning his child. The S came to the door and opened it about two inches. There was a chain on the door. The S looked out through the crack in the door and was talking to John. John positioned himself so he could better see the S and talk to him. John asked how the child was and told the S that the reason that they were there was to check on the welfare of the child. John told the S that was the only reason they were there. The S said the child was fine. The S called the girl, and she came to the door. John was only able to see the girl through a small crack. John could not see the S ' s body. He was standing in a bladed stance to the door. John could only see his face 'and his right hand. -John felt the S probably had a weapon. John asked the girl if she was okay, and she didn ' t say anything. She looked at John and nodded her head and said she was okay. John said he asked the S if there was plenty of food in the house and could he come in and check the refrigerator. The S refused. John told the S he was only concerned for the child and again asked if he could come in and check. The S again refused and said John couldn 't 'Come in. John asked, "Why?" . The S said, "It will be all over tomorrow. You ' ll read about it in the papers tomorrow. " John asked, "What are you talking about?" . The S.. said,, "You ' ll read about it in the papers tomorrow. It will be in the newspapers . Everybody will read about what happened here tomorrow. " At that point, John made a decision that he had to get into the house and take custody of the child and see what was wrong with the S . The S wasn ' t in his right mind, and John could tell by his eyes that he was definitely under the influence of something. -. John felt that the S was suicidal and was either going to hurt the child and kill himself or something like that. John felt that this was the s,��ar�.r«s+ArwV Ds Dc C) pay DL DO C)M OV D ft"M+r Cay ..D ACI p~1. p RO. - Q SHC it A+o*+w q wwq P„no 17.OWN ,T~VW u Op- Owe.,, p Q.MPL oma. Elm. ,.P" Sergeant R. Weckel CONTRA` , STA COUNTY im_IPiFF S DEPAATMEM,. -„.AD070W0 ` . .J. BOX sot,marti644 WIVTaa I LColt M. Gn.+.�c,..�.r...n - a.o.••�+t 7A ,.w D „� + �• r� '' 4�19/9� 19222 ►.. gORI�F ERGIB, Brigitte 70.y,,Mp�r.St tir+*r A..F.►D �.A4VWW 1 Lac- HORNB T ' 272 Ander—Ronv -Martinez an,fcoo«"A p+�'0'"M"t ,ir't 1.�ors.�Nw+,tr�.S+�+a�Fkat+'�r'r•ttx O..cr,v�oet I Mfypn tirwpou bw. awed iax+d lae .n•>yre >�,++*+tst.Mssclt.Qwnftp.tlrv+dritats/I,utwfsth+� F,c D)WU0 0 c�c� 64voftwt n Ab”.rvL c_ tart rs Taaun Wu►.t cj, Tars LZM•LWT N F0U.L?w�?,4(AR k AQ C4Xrwyc}.►+MW fJ J�rwwr A "^Q K ar CL)firwnrr<W Ko�..rh o►e C,uaa�R Yrt nL P.Weva+d M%WV #s+wnw. i S ' s way of saying that he was going to do something that was so sensational that it would be in the papers . There were no actual threats made, only the innuendos. As the S was .saying that it would be in the papers , he kept looking back- - # and forth between his daughter and John. John said as he made his decision to enter the house, he was looking at the S . The S tried to close the door, and John stuck his right hand in the door. The S closed the door on John ' s hand. John threw his body into the door to try to force it open. John couldn ' t get the door open. The s was low on the door and managed to get the door shut. John then looked at Deputy Ortiz, and they both scurried off the _ porch. John felt that because of the way the S was standing, bladed to the door and holding his left side of e his body out of view, that he probably had the shotgun tha • his wife had said he had. Once they had backed off the porch, John continued to call ' to the S to come to the window and talk to him. John was unable to get any response from the S . Deputy Campisi was able .to get himself in the back of the house and had an unobstructed view into the home through a window. Campisi told John that the S was armed with the shotgun and was . making rapid movements within the house with the shotgun. John decided he needed further assistance at the location. He had previously briefed Lt. Coggan prior to arriving at the location. John notified Dispatch to call Lt. Coggan and tell him it .-was doing to be a SWAT call-out. Prior to arriving at the location, John had called Lt. Coggan and notified him that he was responding to a location where there might be problems. He told Lt. Coggan that he had a subject armed with a shotgun with a small child in the house. John told Lt. Coggan that.--he didn ' t know what problems he might encounter, but he just wanted to give him D�ryRARrn Ti ta�r.onrt+b.+r`+v X30 Dc Da. DOC DL DO =jDR Dv n Pft%W.Vr Cx CA= 0~1. p R0. D S"C 12.DowI T.*.+rKa.R D r.•,+c.f.M Q o.r*a 06- C]wr.ti.Pard Sergeant R. Weckel D p1F,i x ,r..o+�>y+.+►r.!r*r+o so >yrt. aw 21.a= - n� n� COKT"" ,'STA GtJt,1HTY =F{ERIF D.EPARTi�tETt �►w,•�••� .0. Box M.E,tictins C ido ritt ".S$3-r' L Lya Aram - L Qtr Carr C atr,*.o*Mn A.Pwra 1. kk rH�RN33F�tGR, Brigitte z 4�2 9 9 5 19 222�� C t-A40rv"/Lit" •nec<x*arxr to j.,np.cYa aa.,. t,W 27,2 Anderson Way, -Martinez- HORNB cz tL frmpw.c�O.ivwK= *"Pounded.Arco owvd.Fm-d.LoK tr++.n.lean Mombof.Arae e.Ouank.aryn tVWUtM&rMX& t6KW't modal N,rrnCrc,S.�vt iK.rnt+rr,Ylt.pkta,.�Dtaa'bocr,,L.oca*o. 1Mt@hws Takrt Ww&Pckrorr'Total Low-Ut'T ri Aot1:}w'NG OK., /V C�rrrv+cX hkrcar.ti�M7 A Csoe+iny l`wz O1�c C Cx�ct EapulCr+rrt F)Mrtc.T1ri roe_ Q}}rwaanrr;M M-0,10d Goaoc:1Mar- a heads up prior to getting there, because his Patrol car did not have a telephone in it. I asked John about the discrepancy in what he had previously told me . John had said he wasn ' t told what had occurred at the residence and was only told that his presence was being requested. John then told me that he had pulled the call up on the computer. He read that the call said the person had a shotgun and was in the house. Deputy Ortiz was requesting the Sergeant and one or two other cars respond. John said that he did know that there was a shotgun involved prior to getting there. He had not been told that by Dispatch. He had read it on the computer. . While John and the other Deputies waited for SWAT to arrive, they-secured the Iocat on and monitored the. SIs .movements. They could see the S moving around the house with the shotgun. The S made a 9-1-1 call shortly after they backed off of the porch. John asked the dispatcher to ask the S again to come out and talk or to let them go in. and search the refrigerator for milk and that they would leave. John was using this as a ruse to get into the house. John was aware of the fact that when you call 9-1-1, you can hear the dispatcher and the radio traffic. He wanted the S to hear him telling the dispatcher that they wanted to check for milk. The S was not receptive to that idea. - 1 John said when he first approached the house, he was unaware of the complexity of the investigation that Deputy Ortiz had begun. He was not aware of the assault with the shotgun. He was unaware that this was a long series of events that had transpired over a couple of days. John also had information that the S was hallucinating and being- paranoid, saying something about the abuse of his child and his wife. At that time, John was unaware if she lived at the location -�au+rcr+ u 1...or+r 11w�np 06 DC Qw poE IDL Qo CPR pv O r—a"f+r, p v+o. p a..00ft, [j jVV D Cir.n.. E3 ftV"r'+r Ct D ASS D I OW1. Q RO. Q IJ-C x 1 nown-p l Dowor M-00 17.ova I'T ova wrrarn 1+ cmcwft:- Qa..+,oc.c Qi..,,,.P" Sergeant R. Weckel to AOWWOWV Sfi* .1►*�+0 ._ - � 0104 ]t +sa+ COKTR.�' STA CQUNTY SHER3FFi CE.PA.RTMENT`1X70000_.. �s.,� +«�+� �, 8oac 39l,Martina ,.Gnfoml� SUS53•o^ pHPO L cot POWt Cer Go« 1 cnmw Casaac.r.,, t.Oar+1 �4�A oro.95 i1f9"22°2wt&EG!R, Brigitte 19/ 1 -:Dort/LW_ •e*c r,*,= In &Aoe s rwr+»0..F.W 222 HORW v -Martinez r sl.Pr0ow',Owborvowt .Pawv ti .FO r4 LOK Stoirn.mm N4ffowf,A%clt,Gwnitf,ir"ILUAj 1WrAA&ct KW*1 MOO*NV W,Sar+ar MO"b .W40P tAWOCa QMCrlpUM Lonwn VAWq TOAVr ,Hwtw.Pct'raw LC"•LXT N FMID*AMG OKDFEA.AJ C--.,VwyX pac* c 1i-w-O'Y a Dow"rv-1 ti-&Df Q O=ba,,Q, rt.F)A464.Tft sc_ si.A 'rrt ttawe'Ir i t2 tiarss.►w t fit>rs+yr� , or not. John said his main concern was getting inside the house to get between the S and the child. He wanted to separate the S from the gun. That was why John kept saying the things he did to get into the house. John never saw the S point the weapon at anyone. The S never threatened anyone with the weapon that John is aware of. At one point, --the S came to the window and looked out. He had the shotgun with him. He was carrying the shotgun in a port arm' s position in a military style. When the S came to the front picture window, John could see the S looking out. Y He had the shotgun with him. When the S closed the blinds, ` there was light behind him. John could see him move away from the front door, crouch down in the corner and look. at... the front door. John was able to see this because the S was wearing a baseball cap, and he was able to see the outline of the baseball cap and the shotgun barrel through the silhouette in the window. John said it looked like he was waiting for someone to come back up to the door so he could be in a position for whatever. The position that the S was in would give him an advantage if the door were to open. .The S would have had a clear shot at anyone coming through •the . door. As he was crouched down, the S held the weapon pointed towards the ceiling, but also in .the direction of the door. As SWAT personnel were staffing to arrive, John was trying to keep uninvolved people from in front of the residence. He had also started to evacuate neighbors. All of the neighbors left, except for the neighbor on the right, as you face the house. John briefed Sergeant Woolard on the information 'he had and the S ' s location inside the residence. John had already had the wife complete a floor diagram prior to the SWAT Team' s ��•w� u A�orr+11«+r++p :�II� Dc Dori DDS p� Do Qom+ Dv D..r...�,.>b., ,p v+o. D wry D ►. p Ou.ww M Pvw r,y ck D A= Cl~ D Fio. Q xmc x ftoo w o.owr t lr+ ,r.c.. ,Twoo Vw9w [3 Pw*Owm-% D ort"PL o+c. D&w pus Sergeant R. Weckel L.s K Af1rw++'y&Nvc P. xo &WO, Mia r.Dan xx ►+4 yttc 2 A.►. 0105 tuna+nr s . t zwt l+w t Cef C.0" i C�*r/Cawa� a.t)•ws t. 7 A i �►.cr,,,.. jq wh P& F. T.T' 4719/95 19222 C HQ�ERGI., Brigitte '+jowsrW,= >n C..F.64 1 222 AndersoLWay. Martinez .HORNS ny c tz F400+Rr a.urooss Lf— up" nd4d.K4Ca�weS.Fov4 tdK&9�-Irr++ N40" -+1ft:1t.4wnVY.dnv+OtbtatttitanNlsthutK Y 1+tG4�FhrR+tw.S iaf FixnCK,it tanw w Dwv rnan Lxsac T"V+ .VWVL rck4oe Tact'Low-W N FOU.DMNG ORAEk N Cur W41� Foca R7 FWM 01 Q testa E0 F)AA6.Q.T V&rrc_ arm K►1ou� -,Od Ota0M A we 12.RKXirKat t3 hLYTi:v�I:iinrstirr� arrival . John also showed the SWAT Team the lighting and the motion detectors on the lights at the residence. In the front of the home, the S had a 300--watt light bulb that was constantly burning. There was another light up on the porch. Just above the porch, there were two floodlights pointing out, which had motion sensors on them. There was a door to the left that opened onto the carport. There were two floodlights with motion detectors there also. The motion detector sensors were very sensitive. The wind and the movement of the trees would turn on the lights. After the SWAT Team arrived, Deputies Ortiz , Campisi, and McKeand were relieved from their positions . McKeand had been down at the end of the street on the west side. OFCamnisi had been at the rear of the house. Ortiz had been t by -the carport.. John had secured the front on the Arthur Road side. John went to the Command Post and became the intormation officer. The command. post, was set up at the intersection of Arthur Road and Anderson Way. John remained in the Command Post, except one time, when. he wentdown to the eastern edge of the scene to tell some people to get back into their house. At the time of the shooting, John was in the Command Post. ' John initially heard that a preventive shot from one SWAT Officer had triggered a shot from the S ' s shotgun, and it avQeared the S had shot himself. John left the Command Post and started down to the scene. John saw that an officer had _.taken the child safely into custody. John advised over the radio that "he child was safe. John remained at a distance of about 100 to 150 feet. He could see three or four SWAT Team Members attending to the S . TheS was lying on the porch. John could not see the S ' s weapon. Later, when he was in charge of the crime scene and was awaiting she Crime Lab, John saw the weapon laying on the around. It was laying, unloaded, with two unspent rounds laying near it. TG r. Ds+► C30C IIs. DO DSA Dv %A D vim,► D ww«�u C)j,* 0 OwwwVj CX D� Q wrrr. j=PLO. Q s++c rSergeant FI�prF�M wo�,+r tTY+o tT.Dow f Twr xFMv'% .. o�.:n pa."a,o+ . pii�nn.Fy.o+ R. Weckel .r.* AAA--+h*+o ac aw..bo tt.Dow _ . .._ .�. 0106 _ . . ...- -.._. ..... . ... .. -._ a. >__..... ...- .. ,_..�.?_exr�.-:_�_ :__.-. _ .. _...:trn..staff*r+.+a:':ryv._si.�...b31..iiYrlt.'•r�'i'�tb.:.r�`T'.,._. �.7'�""�I ``i♦�-- .V. Vwny Mi iMSF Yt++/.Sy V"�•-•- a:�:r A�«t L F. g 7.Df 0+"4 rte+ C HOR 1tGR, Hri itte 4719/�3� 19222 I A•ar.M Lac.. tG &,+bpoa+E..n+e 0..f.W 2 r W -Martinez HOR1vTB , ; tt.hapen, p.+aM _ fr,pov '. id For+Q loci S` +•bim- ++i.ArtleJe,CkunRr-llrsntl/I.AAA1I.t�rr$—-KK'L idols ►��^+Z g +Mc C�OhC� EC r*0. JSaes.e.TYs M+rj T&xw,.Wv*, # taw Tout Leas-LCT IN FOLl.C*MP4 C^RLyER N C4ffwv}Fiota6 tt�' Y q C�cae+rr+p j W Fkw My S06-how flow:0 Mar- It was on the ground in front of the porch. There was also an unspent round lying on the porch . John did not know who unloaded the weapon or how it had gotten into that position. John said he only heard one shot fired . At the time the shot was fired , Deputy Ortiz was sitting in his car writing. Deputy Campisi was standing outside the Command Post. John did not know where Deputy McKeand was at. Highway Patrol had never gotten any closer than the Command Post. They had been out on Arthur Road securing the traffic. At first, John thought the child was approximately five years of age. When he saw the child, he thought she was a small five-year-old. He later learned that she was only two and a half years old. I asked if there was anything that he would like to add. John said that the rapid movements, the S jumping down, and checking the doors inside of the house were of a nature that weren ' t a good sign. The S was preparing himself for what he may have felt was an attack. It seemed like he thought they- would be coming back up to the door, and he was going to be ready for them. John said the S was given many chances to give up. While John did not see the S come out of the house, he was monitoring the radio traffic and could hear that the S had come out and went back inszde several times . There were also telephone conversations with the dispatchers where John told them to assure the S that they wanted to make sore the child was okay and that there was "milk in the refrigerator. " John told Dispatch to tell the S that they weren 't there to harm him or anybody. They were only there to check on the welfare of the child, and then they would leave. The interview was completed at 7 : 05 a .m. DS Dc Oa► OOE DL C)O DVA Dy D�-ww.so, D vim. p N..,�c, p�• O a..+« ,.c c.,. D AC:$ p r,wl O Ro. pF+•�c,...ri O,a.r„p,, �yr,„.,,rt,a ger:zeant R. Weckel App-l"Swo-+'� Jeff s.....1'.0 21.con .. 3 sem+ L Gae. 1�,.J�arcw.ww, _ a.o••�,. �4�A t �.c,.,... L OR N& c Cts_ QCen i O& r. y� 1992?? w gpO&AG Brigitte � t t aurri.s tic. •mat to &,O cr►mww 4..r.K r v rtin z HORNS 2 11.tsap"0060,000M *00,,,4,,,KKA"+ ow f +2 LocL t=40,,.Mm Num w,Anet.OuarMy.Drsr+CJitaJuJL ar+crts.-tx*�'►C t+`^C►*+F++ o) n OM" Eawo—m�&6".Tvsr 11ltw,T"Wt W,%.txi,rCt TOW Law-L=T i1 FVJX "4 QR,XPL N C. ar'Ci.Nous,t jo-*Y G 03,r,-MrML K 406&4 O4 Gcyaea Q U6MC_ 12.Roca.0-"hit Z Ti Na^rs►w/iiarrrwna 4/20/95 , 7 : 17 a.m. , Inspector Caskey and I interviewed Deputy Cynthia Kay. The interview was tape recorded and is being paraphrased for report purposes. The tape will be turned into evidence. Cynthia has been employed by the Contra Costa County Sheriff ' s Office for eight years . She is currently assigned to the District Attorney 's Office as a Welfare Fraud Investigator. Her normal shift is Monday through Friday, 8 to 5 . Cynthia is also a member of the Hostage Negotiating Team. At about 10: 10 p.m. , she was phoned at home by Sergeant !� Carpenter, who told her that they had a training/call-out for SWAT. She was told to meet Sergeant Carpenter at Pacheco Boulevard and Arthur Road. Cynthia was assigned to the Command Post to observe. Cynthia had explained that she has been newly trained as a Hostage Negotiator in the . � last two weeks . Cynthia and Deputy Mould were both sent to observe. She observed a conversation between Deputy Arrovo, who was on the telephone with the S . Cynthia was only able , to hear Arroyo ' s side of the conversation. The conversation was being tape recorded. She was able to tell that the S was conversing freely. On two occasions, the S hung up. Arroyo called back on both occasions . At one point, Arroyo- was rroyowas able to talk to the daughter, Jessica, on the phone. The S was not going along with the idea of coming outside. The S would not put his weapon down and come outside . Cynthia was in the Command -Post for one and a half to two hours and in that time, ,the S made no effort to give up. The Command Post is separated in two parts by a door. The SWAT Team is on one side and the Hostage Negotiators are on the Lother side. Cynthia did hear a single shot. She later went down to the scene with Sergeant Carpenter. They were on the front lawn. D•.Qo.+rro•+ ti.A+tm•oe'+�11r,�,p , Dt .Dc Da Do+E DL DC CIM DY D rr a,,,,CbL pAcs [3~1 D 1.o. D sttc x rlroo.rq tr.0wo J Tom wr.«• D,.- c...-h D 0wroL ror- D w,,,.r,,,,, Sergeant R. Weckel I. ....... ,.�. '0108 .++i .. -r�.....,rr�1`ZCrz4����F�.t.L"�-t�•.c.�'�SS!.r���� ffEiZ Qy co.. �: ix+.ic,:, , � . t. `��A i A«w...q P e T) W 2. tw.. HORNBERG � Brigitte �+719/9) 19222 .aorsrr/4aK.. 'nc—Ow"r e - tQ Z?? r v rtin HORNB A ' si.hagr'fr C�'+r�t #e-~dod.Aw nv .Fm-d.Lw,Sz*oA-hwvi ti,unE+tr.Ae%:k t.Ousnwy.!lrand/L4kt/{.yni�sc9xtr't LAO"Nw+bw.S rW Nrdr+b--Wlt, x DraVV"Cn.Lova", IV!PA t T&karL Wu..ftko+.TaW Loan-LJCT N FOLLL NG OOLa X A�Gaertner.Nota..L1 J+' Orr A MQV%'?V-furs:01 YW-kC 0 Oaks 1QvO WV-F)U".rVL tc_ Q)FSrs.nrtt tQ Miou+rrt0 OOOOL i W.t U. W-"P4 wa 'i Tl harss+.�I fi+wnw+� Cynthia could observe the medical personnel working on the S . She was only able to see the S ' s feet. Cynthia did .not see the S ' s weapon. The interview was completed at 7 : 25 a.m. 4/20/95 , at 7 : 32 a.m. , Inspector Caskey and I interviewed Deputy Chuck Mould. The interview was tape recorded and is being paraphrased for report purposes. The tape will be turned into evidence. Chuck has been employed by the Contra Costa County Sheriff' s Office for about 25 1/2 years. He is currently assigned ,to the Patrol Division, working at Delta Station on the N graveyard shift. Chuck is currently on vacation. Chuck is also a member of the Hostage Negotiating Teard. Shortly after 10 p.m. , Chuck was called at home by Sergeant Carpenter. Carpenter told him to respond to. the area of Arthur Road and Pacheco. Boulevard and tb locate the Command Post on his arrival. When Chuck arrived, both Sergeant Carpenter and Deputy Arroyo were in the Command Post. At Sergeant Carpenter' s direction, Chuck observed what Deputy Arroyo and Sergeant Carpenter were doing. On a couple of occasions , Chuck passed infornation -between Sergeant Carpenter and Sergeant Woolard, who was at the other end of the Command Post. F � Sergeant Carpenter and Deputy Arroyo, Deputy Kay, and Chuck were all in the Hosttage. Ne§otiators portion of the Command - Post.. Deputy Costa was there for a short time, before being directed to: go up to the house by . Sergeant Carpenter. This was in case the S came outside. Chuck was only able to hear Deputy Arroyo ' s side -of the conversation. Both sides of the conversation were being taped . ,< r.1.,rQ,,,4,,,n L�� D� DD DL L7a Da DV i tv.+o.+ D v+w D N raoKu ❑irr ❑c�.....r D h+." r C . E3 A= D wnn. p Rq. [ SSC x ft"W Dowr MIT-Q 17.Dow r T..»VWAW u � uF"Owsi. Domes-c*c Sergeant R. Weckel D cil.. .L** r.wq UOW.1►r.np SQW No. tl.o.. 0109 04 1 cerrotcacawrar�n - •.�45A t S— t El*srar�»M.. IL 1 HORNBERGER, Brigitte 419/95 19222 1-A 3CW V.a/tx. `hog s*w ra. t4 i,mCr�C•N,.nv C..F,r4 2 rfi ' v Tniiis rtinez HORNS ' ti.hap�.�7 Ors*�s y„pavr4 d.Aec-** r'td,fa/+C.Low, Urn NumCrr,ArbCJe.QwnuY.brs^d/Wlu�tlltwt►c4XK t LioCS�N�rr+tiK,S«�#f MrrCrK,lls�le"�r.cnr Cwr.0 o�r+n.Ltrriso V,wt TW.rn,Wva r.d TmW ire.ULT IN}OLLCWAPVG 000EA.N C---*MCX�iotat,t13rw Y Ca Czc+N^`0 Fuz CTI Vwr+ �c Q C?efka bqvIprT+�+L F)R.b.o,TW c_ CLS rk-Mrx>L 4 MMA *C d Www_ U.&WC*Wrsc plft-Y= 1S Narrsa.� i14Y.rtwrr Inspector Caskey asked if during the time he was there, there was anything that led him to believe that the S attempted to surrender or give up. Chuck replied, "No, in ' fact, quite the opposite. " After the incident was over, the Hostage Negotiators walked up to the scene . They were there for two to three minutes . During that time, Chuck was able to see the firefighters and the ambulance crew working on the S . Chuck was about twenty to thirty feet away from the S . Chuck was unable to see any weapon. The interview was completed at 7 : 40 a.m. 4/20/95 , at 8 : 15 a.m. , Inspector Caskey and I interviewed Deputy Roberto (Bob) Ortiz. This interview was tape recorded and is being paraphrased for report purposes . The tape will be turned into evidence. =; Bob 'has been employed by the Cancra Costa County Sheriff ' s Office for over fifteen years . His current assignment is uniformed Patrol Division working Central Station, Beat 22 . This -beat includes the unincorporated area on the east side- of Pacheco Boulevard. Bob works 2 : 30 p.m. until 10: 30 p.m. , with .Thursday and Fridays off. Bob was driving Unit "2102 , which is .a fully-marked 1991 Ford Crown Victoria. Initially, Bob was given information by Dispatch, which had been obtained from Concord Police Department, of a suspicious circumstance. Concord Police had interviewed a family over a suspected child sexual problem. Concord felt that the individual there had been under the influence of methamphetamine and called just to notify us because the subject lived in County area. Concord also said they believed the S to be armed. As Bob was receiving information, he was driving into the parking lot at the Field Operations Building at 1980 Muir Road. As he came into the lot, he came across the female half of Concord ' s IL AAO-Ors'ft—V L1• De Qa Qae QL pa Q$A Qv Q kwm*_-, Cs," Q C -W j u Q PV WW 0y cs �}Att Q r+..rl. Q ICC. Q s++c x Ara +ry! ++r l*++r+o t7.Dsu► Trrr wry.+ 1 Qpow 0a,,.. Qc.r+or.04C. Q&AW".0P" Sergeant R. Weckel .ew"a w.,, w n•., .. - 0110 L Cart Coen G+^��Caawa�rwt A 4,� 2 'J (Iq t,ur,,r G-- - r *HQ- aIL GER, Brigitte 47O /9W 1922222� C' t.Aeon•...I UK- -4 f„yp.Gsa hwer a A—F.K 222 Ancier5on Way. Martinez HO GFR I 7 ii.ft*Q"Cvroveee= UO"yovhOod,Pwcovwv4.fou+'+4 Lm bt+ +•tarn Ku t+r.A�ssdt.Qwn1Ry./rar+d/l4Ju/l.tarw(ulxK t r, }h�+t � Q C7ticy 54.0,0,mK.".TVa. w'I+Ks Taxan 44t�ut t+Ca of Total Lr4a•LeCT N f p OM.treC,O RDf R N C,Xyent X NO J&p.ie.Orr Q Cst�s,+r�q Q)rra►r m m ti%Aolod C1ooe It 0 YUL Iz.Koca wva ftwwrr i Tl karM1.0 r ii►rr:nrta detail . She told Bob that she wanted a civil standby so that she could pick up some property. f The lady told Bob that there had been a disturbance. the ? night before and that the S, her husband, had been using methamphetamine earlier in the evening, at about 1 : 00 . She felt he was becoming paranoid. Early in the morning, he armed himself with a shotgun. They had an argument over the shotgun. She showed Bob a small swelling on her head, caused when they had wrestled over the shotgun. Later that morning, at about 8 a.m. , heItook his family to Mt. Diablo Hospital. He took his wife and two children. The S felt that the wife was sleeping around with other people and in doing so, included her two-year-old daughter. The S wanted ' a doctor to check the daughter and see if she had been sexually abused. According to the information Bob received from Concord Police Department, the doctor had fouMd no evidence of abuse. -Bob felt that the wife was becoming irritated at him for asking specific questions , as she only wanted to go and ,pick up clothes . She felt there was no need for prosecution and didn 't see the purpose of the questions . When she left the hospital , the S had taken the two-year-old daughter and left for the house . The wife had . kept the ten-month-old and was waiting therefor a ride. When she got' the ride, she came to 1980 Muir Road and Located Bob. She wanted to get clothing for. the ten-month-old from the house. Bob was more concerned about the state of mind of the S . He had a shotgun, is paranoid, and is either going up or coming down from methamphetamine. Bob said he wanted to check into that. As they went to the house on Anderson, not knowing what to expect, Bob had her wait down the street while he went and knocked on the door. At the time, there were no other cars available to assist him. Due to not having any cover, Bob tried to keen the contact as low-keyed and unconfrontational as possible. The S looked through the window and stared at D� DC Da► ODE DL Do V D r'*MON94*e.M D v,c. D ftwooft" ❑.w. C7 0-- w -- D"*"*r Ck D Azz D O"t. p PLO. O s+•+c ,�. Ow%ily t**+rw 17.Dow !TV**wrr'+ Sergeant R. Weckel n.pan _777777... ...,... ..__ ......:^r w.i�s•icr- ..tx: .._...,......._.,.A... .+..tiles t�$a. _}.. .;z- v �` _ _t _ :;",.. - �-_.c^...�►A4.��=%a a.bwr..:.+...•&_1"'iYtxiuh4�'re....".1:+•s+�.+�'a+....wr.wxt+C1J'�*!l.�Ji6Yf'kraC�.'k��"n'. L a+„r 2 CaT con. ! C'WrrlCasaw,o��,,, a.C++ , 4�A t.AWCMA .. `aa�.lr`J f. 2. t" f,-0-re t Ma. HOFERG Brigitte- ii;i_19/', 19222 D t.rtcxraO/tac- `fix ,G fnP+r�a hYr+r -►.Irp i222 AndersnnV -Martinez. H�RNB n ' T is Rawly Cwu S frrpovr+Ord.n.cowtd.fov+E.LaG i>r,�n.err*�i+urnL'w�r,M�cJt.{?uant�r.lkand/tLilu/LIahNLaC'�XK t ttoK.'SK�Nw++G+r. t��++so.VVtO%Lb"*0,� MP�t T"Ar,Wwk Oc*.Wtal L. Total .UVT IN FOU.00APtG OR.'ICPL N CJffwc}t+oua,2;.4-60T Q 4Otkt C�q�+tn'++'+ C+Qr++r4 Gy ffrtanrit }C t1o�a afc�d a-at ttsc 12 R�oa.srsi f+ao0 V 11 kbrrss.n/ita,tn+r+rt Bob. The S then closed the curtain and then asked who was there. Bob told him it was the police and that he needed to talk to him for a moment. The S opened the door after Bob heard him put the chain on the door. The door would only open five to six inches . Bob could only see the S ' s face and the part of his hand that was holding the door. Bob could not see the rest of the S ' s body. Bob felt that the S could be armed, but could tell he was standing too close to the door to be pointing the shotgun at Bob. Bob told him that he was there because the S and his wife had an argument, and she wanted to pick up clothes for the child. Bob also told him that if it was at all possible, they would like to come in" and pick up- some of the clothes. Bob told --�, him he would stand there so that there would be no further argument. The S refused. Bob was able to see the child inside the house. She looked happy and healthy. Bob did not have enough contact with the S to evaluate if there was a serious problem with him. Bob started asking questions regarding the disturbance, telling the S that he had to do an informational - report. He told the S that he had the option of giving a statement. The S spoke for a minute, about his wife sleeping around and that he thought she had involved the kids. Bob asked him if anyone had talked to him and taken a child molest report or not. Bob didn' t know what Concord had done regarding that. The S started getting more bizarre. The S said that he was only going to talk to an officer friend of his . Bob asked if he had someone in mind, so that he could get his report done. The S said that they .were all in a conspiracy, and he was starting to get angry. Bob realized he -had a serious problem and wanted to back out without causing more of a problem. He told the S that he would tell the wife that she couldn ' t get her clothes. At that point, Bob walked off, and the S closed the door. Bob notified Dispatch that he had a problem. He asked for the Sergeant and two cars , as he was working a potential barricaded S . Sergeant Fulwider and Deputy Camoisi responded. Ds DC DO+ DDE DL D0 D** Dv D t,..ntga,e„ D rr+a. D Mrae cs p.1v. . D CW— D�tf'CX D A CZ ❑t"l. CRO. D sHc x AM eWq oaM r 0 17.00= u ` D,.,, Sergeant R. Weckel t7r« ,�Mr.'w f++►.+''r*+q so s�,K.«.o" r,.Dow z7 .4112 ..✓ .t t t '-Y y +.rf �:z K a [� yT -'xr ^'' �' ✓ w.., wG'!t1'Y1.1.Wii�•r.Y+1:�iJFV £S +fn'i=_^ HI ���,,.i!..'S�• a r ._ �. __ ..�'Y}M1. ... µY��T2S.�� t ' Z City co w 3 .Ci Ye+slCaaa+�c�rfeti 1Ct R,rNpaB CSi Nsnw G. .Aa2 a. Dx � a �ot r.07 �Jjo&AGM, Brigitte 19 t.ACOMM/Urc- H4F 2 r_nr ; ts.ftowir trove o.e.Aeav ,Four+C Lok� wana .%am NowbW.AOW1�.On8r,.er /usk,/W �r ,w/jr%K 't twtcd�N��er+b�K. v t "Y&Lsn.1hWVk Mko+ToW toms•UCT N FOU-CWANG OFtDEK A4 C,.-W Y.Notal.IQ j*r9TX G C&CAN^4.furs:o)yww"c Q 0nC4 Eavo-OM n A&".TVo wG_ W Fkmr K K%Aeoe Ooctlt 4 we t2.Rrca..-�t Frwr+rlr i t2 Narris+s t srar'n.r+r. Bob said the original reason for going to the house was for the child. What he found was a S who the wife said had been using methamphetamine and was having a problem over it. He was acting bizarre. He had a shotgun and even though the incident occurred between 1: 00 in the morning and 8 : 00 the day before, Bob felt he needed to check because the S had the child. Bob felt that he needed to evaluate the S . As Bob talked to the S , he realized that he had a very serious problem. The S was very paranoid, armed, and had a small child with him. When Sergeant Fulwider arrived, Bob explained the situation to him. Sergeant Fulwider sent Deputy Campisi to the back. Sergeant Fulwider decided that they would try to talk to the S again. Sergeant Fulwider and Bob went to the front door. This time; Sergeant Fulwider talked to the S . Their intent was to mostly evaluate the S . As Fulwider talked to the S , `he -presented himself-,in the same manner, with the door open, but secured with .a chain. He presented himself as reasonable for the first few moments . As Fulwider told him they were to check on the child and asked if they could do that, the S said no. Sergeant Fulwider approached it from a couple different angles, asking if the S had food for the child. The S told him he did, but refused to let them come in and check. Bob said he knew that Fulwider ' s intent was to get the door open and control the S . This would have ended the problem. Sergeant Fulwider told the S -that they didn 't really have a choice , that they had to check on the child. The S ' s response was, "You ' ll read about what happens in the newspapers tomorrow. " The S started to close the door. Bob said he felt they were in serious trouble. . Sergeant Fulwider was standing on a small step, as the S * started to close the door. Sergeant Fulwider leaned into the door, and the. door hit him and knocked him back. Sergeant Fulwider also mentioned that he had started to .DOW&& tan u A+rraur+Aw�rnp L7x t}c nw CDE ❑L po UJ Wk 13 D Acs D o"I 0 Flo. 020C DP- own-in aTVL0-- "VV-*Pow Sergeant R. Weckel ''.ZrtL��,.,s.F. '•�'' ~w�2• a '+i."- r r ��'t = :^`.?' u:� 7 �i i '�'•'+ - 'ai"". ��•'i,�.ai,:`rdr,•� y;F�% :.*.a+,^s`.�Sic3^F':`et,',�� c��f'.'.+�,1,"�".�+x�''��i. �'��'`��3.1��`,�_''�"'�v�'•" ('7}'..�.,'ly�.�'',�''�y ,,�;.yJ{r`pri�e�'�,�s« , U. I=X JWI; •— t pq G oar 1 ci+r++.,c A A i $cam . 5- ' i �,+.�. F.ao t.OWN ����+_ 19222 HORNERGER, Brigitte 1.Ado,r.a If LJ" r 7Q S'Apeas N rF"A-F.W- 222 AndersonV ruin Z HO 7 T ni2i tt,hopeetr Owotoewc Vroov Ood.R+c�o++r'«i Fo.#14 Lost Ltd+.MM 1� J-btt.ArAcJ#.4uaMly.Dr""(1—flAatyAftCrtor'L40"Nwr+bK.SW-4�+�,Vis C�Cnobcr�Locs►o- Vrf,wv Tas+A W6*u oK*4s ToW Lar.UiCT it FOS.I Drtir 4 OAZIE .N C,.CTW%cx Ndtat,M *-9'rr-p C�O+'r^4 Fuz;D) EiOs+c-w%.n M+d.a.TYs.om- Ql pYsriwa ►� 0*0 k;4 Naw U.A&CA2 hi r i ti Narrm .r/fity+*rnrt stick his hand in the door and then realized that it was a ! mistake and pulled it back. Bob grabbed Sergeant Fulwider, and they backed off the porch. At that point, Deputy Campisi came back to the front, and they took cover. Sergeant Fulwider said that they had a SWAT call-out. Campisi went to the back, Sergeant Fulwider took the front, and Bob went to the houses across the street and had the neighbors leave. Sergeant Fulwider called him back and said that they needed to do more of a perimeter. Bob worked his way to the` back and stayed there. He was at the west side wall near a pickup truck in a carport. The house had a back door, a front door, and a side door. Eventually, Sergeant Fulwider was able to get some other people in to clear the neighborhood. Part of Bob ' s assignment was to look for a vantage point, where he could observe the inside of the house. As he went along the east side of the home, the windows were all draped. At the back of the house, the larger windows were all blocked. The kitchen window was open two to three inches, and the blinds were down. Bob was able to see through the gaps into the house. Bob could see the S with the shotgun pacing the house. Bob out that out over the radio for the other units. The shotgun looked like a twelve-gauge, eighteen-inch barrel shotgun. The S was pacing and looking around. The position Bob was in was exposed, so he moved . He went back to the window a couole of times because he couldn ' t tell .where the child was. Bob said when someone would mention that the S was on the phone or at the front of the house, he would approach and look, through the window. The S looked like he was getting more worked up. . He looked like he was circling the perimeter. During the time that they were on the perimeter, the S called 9-1-1. Sergeant Fulwider told Dispatch to tell the S to come out and let them check and see the child was okay and had a good home. They were unable to convince him. Bob II� DG IIO-k DD OL Do C)VI DV D twrrpasan p v+o• p f wm4cs [Div, D C­— D PI WW Ir Q ❑ACZ 0~1 D R.O. D IMC trc Frey��r t►*+�+o ti.0" f T..r wow u D. Sergeant R. Weckel &QW No n.Ova 0114 :i�'sss'Y�v .4.`�."i_-'33'.#`4,:.L,r-t..F::"'«rr3S;r�^�.,,,.tS:.:;+tEftd.$'•L��.t�tz.T•;7s�'K1�+z+Sd?:i�11.35i.>'-�a+v .P?'�`#�.3�'".c+�:i�":'i��i+ �r�`t~'�'� �.� o � �-,. 1.Ort Ira Z�7'Corr 3.cewr»iCU , 5—10679 A 2. >-Ah Ire�a} F.yD -- z°4%Or l9No 19222 ►.. C} HORNBERGER, Brigitte 1,A4 M1"/LAC- aI T4 y,.o,ctt!Manu.0..F.K 2 r Way. Martinez HORNB �1t,hop.+tr OMaw+r'c trrpov+Cr s. +co s` �ts+M+ LaC b'. n•frr++t�un+flts.MsrJt.OwnlNrr.!k»+dI►4kiiltan✓actxr'a LAO"N'Wnbw.&*rim hkrt'+rr.Via Cwwa cn Lac.r*o." l►-hvi?v+n vw� Pc*-,**Tow Loom -LxrT N fOI.LOVANu C KDER A]C CTWncy.Nowt,&.*wo&r Q C6o4NrV.FwL 01 VWw4i+ Q CX c EGOO&OM n U&a.rVL 0'. a1 Ftin+nr+a,w►+ocr+�a uooc+r a w.� u,.lt.co.«ns rraf+rY i 13,t+tarT:tw�istyrrsrrc could see the S on the phone. He was trying to tell if the phone was cordless or not, because the S was talking on the phone and moving around the house. Bob was unable to tell, but later learned it had a very long cord. Bob told Sergeant Fulwider that the front door was within the line of - sight while the S was on the phone . Bob marked a sketch of the residence showing his positions. It was marked with arrows, showing him going around the house. Bob stopped at the first position, which he marked X1. This position was exposed, so he moved to Position X2, when he realized that he was exposed. -At Sergeant Fulwider' s direction, Bob moved into Position X3 , so that Fulwider could clear. Bob floated between the back and the front of the pickup truck in Position X3 . He remained in r that position until relieved. ' When he -was- relieved by the SWAT Team, Bob went to the Command Post and stayed there for Command Post security. There were several Reserves assisting him. Because the Reserves were there, Bob went to 232 Anderson to re-interview the wife. Her pastor was present when she was re-interviewed. The pastor was moving around, but was present for part of the interview. When Bob had originally talked to her, he had only planned on writing an informational report for a 417 and a welfare check. He now felt that he would have to have more details, due to the way - the incident wasturning out. He talked to her about what had happened with the weapon and how she had been struck. Bob told her it had turned into a major incident and even though she did not want to prosecute, the S would be going to jail . Bob told her he would put in the report that she did not wish to prosecute. She also told Bob that the S and an unknown friend had smoked crank somewhere around 9 or 10 p.m. , Tuesday night. Around 1 a .m. , he started to` get paranoid. Dow&to w. u AMr-++r PW—V F D. DC DDA DDC DL Do psA DV Drftv� Dom. � bm DKWD� D D PV*OW Ir C'k D AGS DRO. D*MC x A.ow"Ow-f M'r-v 17.Dom /Two VWMVM D�+r*•+aw �}or•+.�c.o�. {�.s+«Y»r�Ir� Sergeant R.. Weckel 0115 -..._ ._.. .._ ..�.,+ n.....a--..w•._:.;"+hn�K x.i.: . .».- .,�-.r....-l::r:`.�"i3:.:•�.i..:, .-.:.: -f - --:...-:i�•_�'��;:}i�.h...".�d�%i43C.' / �:-:. y,..moi,,:-�'..rw�vr..'� ' ',-. .-..'w+_=+3t�Z:='_t..r'J•. �.�gvs4'�.i'S�::�1r�rSr4 [i�Y�`5S3�i' ---------------- t L�+e rfw. i t?t Crr L G�++�Caowe�,� a.G►.r..l t. -2T7,A i ►�re..- 9: 9 f- * J / rp T. at O L E�Owy"Ira C H-VfjGER, Brigitte /19/95 19222 - t J4e7wor..s!tx 'noo..T+ne. ,a r+.e+ 0—F.rR 2 G v Martinez HORNS izr�'too•rR o..anrwt tti+,po,r+o.d.Mco.,r.a /oM:+e Loa Ste+«,-Ilr++htumo.K. �.ownfer.1{ral,e/b4u�u.wtsctur. 't ucb.+k,Xrt,.c,s«ir W-6-.VhcsSe>,aCxs D-VVUCWL L =3 V^"T"Vs VOu..Pc-.c TOW Lo"-LXT!t Fou aw "G DKDcR Al c�, Tw+cx mm-L 14 i -*,-'C1 C+cre+,4-F-L 0)Wr-30c D OMscn Eavbr�ry U".T VL.c_ - aril FSn,►rxt hQ>~oca++d4 6c�oa�wrc SZ_rRres�s$rod n up"I4 i Si kartst s t Ra IW"Wft I 1 1 Bob had gone back to the Command Post to get his notes together and writethe report. While at the Command Post, Bob heard that the S had allowed the child to come out and in doing so, had come out himself. There seemed to be some confusion about the shotgun being up in his hand or* down. Bob was listening to that on the radio when he heard a i single shot. Someone came over the radio and said the S had been shot with a beanbag and to send in the fire and ambulance. Bob walked over to the scene. The SWAT Team had moved over to the area by the carport. Sergeant Newman was standing in the doorway to the house. Bob saw the S , and he was seriously injured. The Fire Department was coming down the street at that time. Bob went up with him and stayed there to protect as much of the scene as possible. 'After the fire and ambulance personnel left, Bob stayed and waited for the Crime. Lab. When Bob got to the house, the shotgun was lying at the base of the stairs on the west side. It looked like it could have just fallen over. There were two to three red plastic shotgun rounds on the ground. I asked Bob if when he was talking to the wife, she indicated any fear for the child ' s safety. Bob said at one point, and he is not sure when it was, she said that the S said something about don 't call the police, I won ' t be taken alive. She didn ' t say that he would have hurt the child. Inspector Caskey asked Bob low much detail he was ableto obtain from the wife. Bob said she had mentioned that she had been hit with a shotgun. Bob ' s impression} was that they had both been holding the weapon, and it . eaught. her on the forehead. Bob said he asked her how close the S was when he threatened to shoot her and where was the gun_ Bob said he had put that in his report. We explained that we hadn ' t seen the report. Bob said that she had told him during the first interview that the S had threatened to shoot her. The CD, CX OL. CO CS„ OV C 0f"W%Y a4 CA= C~1, Oft-0. D sr+c x���t�—P ST.ws 1 Trw.VWAW � D P- ar.:�, C�or. ❑ Sergeant R. Weckel .�... .... ,,�., 4116 eft-.te'^ t• _ •q ..;c- .�„ - f . -„^+"'. f iC .i '�'�..ay`.��2+'+�yX-.� ,.: � . s^�.?.._ �r- .--..rr-�”-•--•-••- - ':7.c:-is..y.. �O. Ba1, ,tatlii�sz GiCltociiia► Sia3a�t.-, L,,.,.-.., u.WrVVBox 34 � A.or+t. 245A c.Arca.... L tw L C�Goer & C-6/c, rr n ! J irtiw.+ 95 10679 CenL "•—,Veft 04.1 '. ,,, 7 J 1-92 tM�. xQRN�`ERGr Br11 t t e 0747 I A4 rvM LJW— H R a tau+» . f.n c 2 r Way. rtinez st.ftap tr Dors*feeti _ wrnbw.V r4CKt C?Mvtvwr%.Lscs.o" � !�once hul »ra F�R� 1 M+ck oTw.W Low-UFT N FOLLZ POG O&DEYL 4 C4-W-1.MOUL t7�01T.A ^4, C. o.Tvs M_'Mk' s,T6,rr, ��FY,.ne,a,F9 r+a.arN+a 600aa:0 w..c Rso"i ti nurss.%t sutirr+.+w s had begun to get paranoid about 4 or 5 : 00 in the morning and loaded the shotgun. He told her to stay in the bedroom and lie on the floor, and he started looking around the house. When she confronted him about staying in the bedroom, he said he would shoot her. In the second interview, Bob went into much more detail . She said the S was about two to three feet away. He had the shotgun in a pistol grip, with the barrel pointed just slightly away from her, towards the ground. She felt the threat was valid and did what he wanted. Both children and the wife remained in the bedroom with the S . When the S wanted to do perimeter checks after that, he would require the two-year-old and the wife to go with him. All this occurred between 4 and 5 a.m. Between 5 and 8 a .m. , they just stayed up. At about 8 a.m. , the S packed the family up and headed for Mt. Diablo Hospital to have the doctor check the two-year-old. to cbnf irm his suspicions of child molest. Concord responded to the hospital and wrote their report and then sent the .information to us . I had become confused on the time. Bob explained that they had been up all night Tuesday night and into Wednesday ,. morning. They went to the hospital at 8 a.m. , Wednesday morning. They then stayed up all day Wednesday, .and we were called to the house at around 6 p.m. , Wednesday night. ' Bob had asked the wife about what had ,happened between 8 a.m. and 6 p.m. She said the S had taken the car and the two-year-old from the hospital . She waited around and talked to the doctor. She"then had to wait for a ride. When she got the ride, she came to the Field Operations Building, where she met Bob. The interview was completed at 9 : 10 a .m. .Larrw�ow si.Arr•w►rrr ArAnp gs OC ODA OX EDL go g,M gv Mb. son g Y%" g w,c»Au g.w. ❑ow'*P« w x 'M A".roy Ct C)AC3 [3~1, g RO, g SHC ss llro*��eantt r,p rT.nr. r Two v.+.«+ SerWeckela sc sem...w n.o•* w+wti•w w��, ..nom• - 0117 +a`nt A.. 4w . 'r5.?...., ,.k-r a ,i x•:r�a:�y.,:y_T:J."�z.� *�++.1er• :5'.3i...�+_�3'I+r'S+-[s�1xC.,::��r;i+.�} N'wt�F�Yfi+�ir4'�► '".. t siR/M. 2 at, Cer. 1 Cs,R+.�Car�w.arrrn t.0--wt 7A S_ p 1W. HORNBERGa, Brigitte �+ 19195 1922 ..corms/Lac- V«=&Mwm 0-F.k+4 222 *G v Martinez HORNB c 11.hrtr,+r'Tr�"�z *worded. K Fmott Loci ft:,i.n-hem liarmtrer.Aellc .Ouanter.lrtrd/L4ik3/4unJSaC6irK'�LLcrS.�Nv+r+Ca.c.S�rii�►k ++r.W +.os�Dwcrgaen Lan�or Vehar#T►►art Ww.rw:*aa+Taus Low.LJVT N FOL1 LwANG ORDER.A) M.1-L Bl G DO#"4-F-M DS YW.- SNC 0 oks En t n A&0'0.Tks_ : Q)FSrwr+K 4 MOUN0,o1d.0004%.0 Mar- t2"nrcxararsi Fttftrt/i tl Harrt�../fa►+�r+wr 12 : 15 p.m. , Inspector Caskey and I interviewed Lt. Tom Coggan. The interview was tape recorded and is being paraphrased for report purposes . The tape will be turned into evidence . Lt. Coggan has been employed by the Contra Costa County Sheriff ' s Office for over 25 years . He is currently assigned to the Patrol Division as a Valley Station Commander. The first call that Lt. Coggan received was early in the incident, when Sgt. Fulwider phoned and briefed him. Fulwider said that he was going to the location with a possible problem. Lt. Coggan was called again when it was determined that it would be necessary to have the specialized units respond. An hour to an houz` and a half later, Lt. Coggan responded. He arrived at the scene at about 10:50 p.m. When he arrived, he went to the Command Post, where he was briefed on what was occurring. He was told the S was in. the house armed with a' young child. There were criminal charges pending relating to an assault with a deadly weapon and false imprisonment. He was told that contact had been made with the S , and the door was slammed, injuring one of the officer' s hands . The officers backed ..off and secured the residence and were now into a negotiating situation for a barricaded individual . Lt. Coggan was briefed by Sgt. Fulwider and Deputy Ortiz regarding the initial contact. He was briefed by Sgt. Gilbert and Sgt- Woolard regarding the SWAT Team and their set-up. The SWAT Team had not developed any assault plan that Lt. Coggan was aware of. They were negotiating with the S . Lt. Coggan was aware of the negotiations and was able to hear some of the conversations. He stayed attuned to what was going on. Lt. Coggan said he hadL not been given any information that the child was in any specific' danger, other than dealing with an individual who was using IL AaavoriwD� Dc C) poE QL po 0$A L7v O V--ft"or, Cy,** p kWCVtcs D.6" p Cw- »r 0 ft"Wir ta. p Acs p~1 0 FLO. Q amc u.A.00r++V o.ar+*r M-0 ti.Des r To,.wrr..+ n�cw►.:+ 0CM"w.ok. pk,r..,.Poe Sergeant R. Weckel VL Aporw"1%0" P'r**o xa I.wr..Fro n.p.: ( . 0118 �.,�;,.�:_.--.- _1p„Vr+uMW %W ti. L w� 591,14tartins Cailtciri li 9t5s3- -;s U r.ry U xr" z V^006 1 Cay co" 1 GnmafCa■awcrrran a,t?w++t. )A lw } HORN, ERGR, Brigitte 47 19/9PA5P*m 19222 - s./.natiwa i taco ' a*+�p+ to 1.000cra No-mo L.F.K ZAnderson way. -Martinez HORNB ;z Zi.hoWrtr 0--Ve c :.Moco"rrcL F -4 Lo*L Stz4A-Wn liu+rsbw%Arldt.O%Af%*i.Se"I M&U1LU 0(&CtX r't M004'NvffAW. �M�R WXC' Y ".hwv ToA t'11�9WL PCki:a Taal Lar•LVT M FOLLO.�NO UKD£R N G.nSnCy.NOCML ty-*-St �G G'�r4 FVM 01 a)rkl*MIL w H*6*&Y++e a«+ar:s w.c tZ-&&cow WV6 P1 we r 1 11 N+rrUV*/sT,aw,,.rria , excessive amounts of methamphetamine . The S was also behaving irrationally. 3 Lt. Coggan moved around the area , looking at the location _ and talking to uniformed officers and the specialized units to try to get a feel for the situation. He was trying to see how personnel had been placed to see if he could find any weakness in the plan. Lt. Coggan was told that non-lethal rounds were on-line and were available to the incident. He was told that a Team had non-lethal beanbag rounds, and they had been placed at the front of the location. Lt. Coggan was in the Command Post when he heard one of the negotiators At that to the child. Athat point, they were trying to get the child to -walk out on he; own. Radio information came out that she was on the front porch. Lt. Coggan left the Command Post and walked towards the location to be more in touch with what was going on. As he was walking down, he heard a gunshot. There were verbal communications directing someone to get in there and to take the S into custody. Lt. Coggan waited a couple of minutes and walked to the location. Lt. Coggan said there had been no consideration to giving a Delta Order. They were having a dialog with the S and as long as there is a dialog, ,-it will be carried as far as possible before deadly force is considered. The telephone dialog had stopped, but there was voice dialog with Deputy Costa trying to get the child to' come out to him. Lt. Coggan did not know if there was any dialog with the S while he was outside. When Lt. Coggan arrived at the house, he saw the S'' s weapon laying in the flower bed just below the porch. He also saw two shells and thinks one was red: cr.aw�r.on xt,,urr.�+++r hr.wrrp - Da DG E)IA Doe DL Do Dsr► DV M'-•..+ b-ft C)Y1- D r VMSC3 D w. D Cannes '+ - D"*�+r Cs. CIA= D r.«I. D IRO. D � 0' SHC IL y OOP6*r -V 11.Deft t TsaTop*tw ow � DPW- cam-, D c.VVk.ok D MM"O p"M Sergeant R. Weckel 0119 .Y.���`+.+ssarG•,n"�.*:�xi�+AFsi'e?FR';�k�?i4-' u.2'C`' '�i i,.` _{,_� ._ -.-..s-• :",t,. _. ._ _ iK.r».Si..1:�wr�LY,�i"��L'.�:rC'fl"H?"�}"..+��ai:�+"+t33T..3'�.�P� p� 1' � 1'p w'+• v�, _ res"n.,i'��I�S ��t�"�..j�'�' d�`,�i��M• r+�F�.?-;. J t,R wuM i I onscr,.r s.+s +«�*�+r� Q. 8oac fit,s.taranax,Gsusocnvi .tsa3- Q MC 'L oR"& _ Z O+R'C. 1 a 0'"'•'s. 4 A i.+►.cr... � k� _ 2. 7 irswn kr > HO&It Brigitte 19Z9 19222 t.AO*r�r Lac- - 12,i.a peas Nanr L.F.K 222 Anders�M Way. rtin HORNB '— tL+'►fit Oww� inK'+a 40d.Raerr.WV4 FM-4 Lost iL*r+-MrM+ NumD+er.M4'J�.C?+unfet.•ryn�ttWjksrwrw(stOarK i i+fyb�N�ra+b�.S.r W li e++Crr.if�ptly �C�rt+taeon.Lanwo. lYs+rs Tvcan Wwl U+Ci�d ToLom•LYST Ft FOLLDV tNC ODM Ai C.-Wv CX Nana.t1,Jr+r+1 Q�+^9 Frrti Ci !p Orscx 6ivVr++� r?A+de.TYa ut -G CLI Fylrntst;!Q liow+tioid 4uotla 1�A+.:. si. rr1t Fttir�ey i i2 Narrsiw r su-+No f Lt. Coggan was asked about the patrol officers at the scene. He told us that the CHP Officers who were there were on traffic control and were at least a quarter mile from the scene. Deputy McKeand arrived late after the initial contact. He was then relieved a half hour to 45 minutes prior to the conclusion of the incident. Sergeant Fulwider, Deputy Ortiz , and Deputy Campisi were also there. The interview was concluded at 12 : 35 p.m. 4/20/95 , at 12 : 50 p.m. , Inspector Caskey and I interviewed Deputy Randy Beardsley. This interview was tape recorded and is being paraphrased for report purposes. The tape will be turned into evidence . Randy has been employed by Contra Costa County Sheriff ' s Office for nine years. He is currently assigned. to Patrol. Division as the Administrative Services Deputy. Randy is also the Explorer Advisor. The Explorer Meeting was on ., 4/19/95 , from 6 'p.m. to 10 p.m. As he was leaving the Building, Randy saw some of the SWAT Team Members arriving. Randy asked if they were going to need the Command Post, and they said they did. Part of Randy ' s duties include delivery and set-up of the Command Post. Randy started the Command , Post and warmed it up. Sergeant Carpenter asked if he ' ' wanted to come along and assist him. Randy went along and helped set up the telephones. He then stayed in the Command Post. He went outside a couple of times, but mainly stayed inside as an observer. After the scene was secured, Randy walked down with the hostage negotiators. He went to the driveway, but did not go up to the house. Randy had no other information. The interview was concluded at 1 P.M. %L Ara..or.d ftft—+p ED QC QM QDE QL QO OR =jv n Q V1w ❑N&VOSCa Q Jun Q P4 WW Py ak Qcs Q Awu. C)0.0. Qs++c tar.+rr M—.0 17.w..r Trwr wr-.r+ ll D►+�•.+ty.,.�, Q OW.VL CO- Sergeant R. Weckel Q t?Irn.. w wr.p,+np so U04.No rt.DOW All In- GQK `": .'VST,A C611t� j'tR?F"f p f'AATM ±.Aav r~60V+ TR:' •r.T_ -- P.o. Boac 3SI.MarhrAz. G,cltomu 1i•4SS3-0i�A p HFC p, z�,.. 95-10679 tcd.. s cy*.lca. - l ► T.aa.oew hMst 2 « HIgES� rG a, Brigitte 4/19/95 77 2 1; i.Ad*-vm/LAC- •rte"'"." TO soweas ftwm A-f.W 222 Ander Wav --martinez, CA ti.hap"00"roomm y Q.Kwa w'44 Foo-4 Law:Stern• Mrn+►lumD+r+•Argcit,Qwnitq.Oru+C/xcw/I�Lanu{atOxM'x xAad+�iW,n,p.t,irvt ti�m,R,xfic ts O+acTrxrt Lau so• W+A.rx Uksrn.Wwk MYkov TmW Lar.-LTT xK FCUCWP#G 00%. R.Aj C.sTwcx hMm a M04N^C Fvs;Q}4tir�R CVLa bo,*x+ n A&64.Tbi v-- a)r"Mmnt,tQ Mca.sW%*d Gooa A x+•.c T2.lSnt,o..ryt FTsor+lr Y TS MalTsxw/fitrerwtx ' 4/20/95, at 0045 hours, I received a call from Dispatch while at home of an officer-involved fatal shooting in the Martinez area. I . in turn, called Sergeants Celestre, Ingersoll , Weckel , and Deputy Fisher and requested they respond to the Field Operations Building to assist in this investigation. I arrived at the Field Operations Building at approximately 0140 hours. Sergeant Celestre took charge of this case and assigned teams of investigators from the Sheriff ' s Office and "the District Attorney ' s Office to do interviews of witnesses. Sergeant Celestre assigned me with D.A. Investigator John Wasson. Investigator Wasson and I responded to the scene of the incident with SWAT Team Members Daniels and Dahlstrom. The purpose of responding to UIP the scene was to acquaint ourselves with the scene. Wasson and I started our interviews of witnesses on 4/20/95 , at approximately 0350. hours: Interview - Deouty C. Forsvth - This interview was taped and is paraphrased. Deputy Forsyth works .in I Court. Services as a Bailiff in Superior Court. Deputy Forsyth is assigned as a designated marksman on the SWAT Team. His SWAT call sign is 1023': On April 19 , 1995 , at approximately 2140 hours , Deputy Forsyth was ,advised by phone, while at home , of the SWAT call-out. Deputy Forsyth went directly to the SWAT scene. While at the scene, Deputy Forsyth met with Sergeant Woolard and was told to stand by. ''Forsyth, at this time, went to .. the Command Post.' While at the command Post, Deputy Forsyth was assigned as an arrest team member, along with Sergeant Chertkow and Deputy Deanda. This arrest team was assigned to the 12 : 00 position of the residence at 222 Anderson Way. The 12 : 00 position is in the back side of the house. The back of the house is on the east side of the house, and there is a fence at the rear of the house. This team was to the east of the fence. %L pw pof pL po 0 W pv Ll l. —"&, p V40. p ft-wa= 0.b" p Gx ww t7 om"Mr Q CA= 0",M). p FLO, p srC x ow.*Y P++Ao T7.Qym, r T w+f Mar+ U C p- r�..:, p 0-Wc ak- p 6br..F1xe Sergeant _ (=:.J//11.-r S . ,-i:2't'•:�...•.:4r::.. _... a_ _.•:,,:.:•:a.'er.s ."^t,�:a.�. a.�....I."reo.;::r^Jt^X'i.z.`�^st•�►'ivb�Y??Ckt_+t�'sr;i'.�ri�CS�i�Z.. �3.�i.1 ��k°'�•'x '*"''`S'r",��.r..�},-. �:,>=..•—_- �Cor,r,rKneso+ GOliTRt. �a'A wutri t i►rltrurr' ✓L� Bax 3SI. marhna2-Canforr A g e4s 3-C�=.M=� D Nro D A.,Vw C 95-10679 rs ..., A. A.D.W. 2. Lia sc..o. 1 �+ I T.team orw^00011t. '[1:+9+91++►aa - D H�Ra, Brigitte 4/19/95 222 Anderson W 7* ar a 11.hooa•�Caar�r+�++�t M+`^w^ .I�aco�'*d Fov+C toK St%►r+-Mlae+�tium +.pvanier,sranaJwx.twwss.-axK:uc�e+�rhV"r .s4ew Mst+G .tilsa�' a o..sr�man tauao" wry Tyxat tjtvt t+06d ToW L*a-LST M FOLLCwtr D KXk.y C.X wxx.hmmc t; *.Stt .Cl 06o�^0-F-L D) n 5U* we i1 U".TYL om, Q}F1rmrw1L 4 40AW 0 Gaoea Wa– it.ltocctis a[f'ti71i'M�i 11.N&T%1 v%/IPA Me m i Deputy Forsyth was armed with a Remington Model 700 , which is a . 308 caliber. His sidearm is a Beretta 9mm, Model 92F. Deputy Forsyth was unable to observe any activity because of the six-foot fence between himself and the house. Deputy Forsyth did hear radio traffic between Designated Marksmen Teams rl, which consisted of Deputies Dahlstrom and Daniels, and Designated Marksmen Team r2 , -Mahoney and Ryan. These teams were at the 12 : 00 position and the 6 : 00 position. The radio traffic heard by Forsyth was to the effect that the S was moving around quite a bit. He was armed with a shotgun, and he had a child in the house. Forsyth heard over the radio that the S exited the front of the house armed, went back in the house, and then exited again, unarmed.- , At one point, he exited the front of the rouse, armed., . and. . he had a child with him. Deputy Forsyth heard a gunshot and heard Sergeant Woolard on the radio asking- if it was. a Delta. In response to Woolard' s radio traffic, Deputy Forsyth heard Sergeant Gilbert -respond, "Negative, it was a beanbag round. " Deputy Forsyth said that he was, 'at his assigned position for one to one and a half hours prior to the shot being fired. While at his position, Forsyth, Chertkow, and Deanda used the call sign DM3 . At no time did Deputy Forsyth hear a Delta Order. All of the radio traffic Forsyth heard or used was on Sheriff ' s Office Channel r5 . Deputy Forsyth ' s weapons were inspected. by Sergeant Woolard at the Field Operations Building at the conclusion of this incident. End of interview. Interview with Denuty K. Rvan - Interview was taped and is paraphrased. Deputy Ryan is presently assigned to the City of Danville as a patrol officer. Deputy Ryan was at home D* DD Dsx ='j DE pt [}o C)V DY D t*+.�.rpasan p vx. Q rwwooks ED J,., Q owonw DD� p Acs p W"i p Ro. p SHC PSergeant wv 00PAY 1�*�,0 1r.cam. ,T4 om v%,..• ❑c.+ei.owc. ❑MM.*ra Md c n g -1 "moi 3,�,�s.....i►r•7c s9 s.... r.a r.Dow xt ►.4- �Ccevirsa:sor+ p.,. CON-r A 'TA C*UK"TY CHEFUFF S DEPA.RTME?.i�A007DWO 22 Es.�floi«*rr+r1 r-.v. BOX =,Martirne,- Unfo nla D4553•OC. DHMOQ�r*sst i� 95-10679 x�Co.r lcry*+.�c.�.a+ci.�.n A.D.W. �.a...+i: t,8. i' htlgAnM, Brigitte 7 x4/19/95? ?Izq D 222 Anders n' Wav Martinez. T it.hope",DONYve C , br.pcx m6W.Pwzvvws Fond.Loa;toi.n.hwh Number,AtIdI,Ou+nR,.9r"/W4LUtLt ftA&Ct.9W't s taw*N„rnpar,Ssut KA t-.WUC��Deavv or,,Lac",,,, Wtw"TaZw�.tava,P4 + ToW Lar.L 39T!4 Fotyo+rtNG ORDER.AV CIrranc,.MMAL�Je+nt*X.G C ^0.Fun:D7 WnWC�c 0 or' BQ VO w%-r)A&".Tva,IM. !K)FInmrm f 4 M 4&OPrdd Goad;t 1irt. TI.RKO'.R'K r1'="t= ZS N&rMIV%/sa&kw IN •3 when he was paged of this SWAT call . This page was received at approximately 2125 hours. After receiving the page, Deputy Ryan responded directly to the scene. At the scene, Deputy Ryan contacted Sergeants Fulwider and Woolard. Deputy Rvan was- briefed at the scene that there was an armed, barricaded subject who had his daughter with him. Deputy Ryan was assigned to go to the rear of the house with Mahoney and set up an observation perimeter location. At the rear of the house, Deputy Campisi was seen on top of a shed. Deputies Ryan and Mahoney positioned themselves so they .could see three windows on 'the left of the house. Deputies. Ryan and Mahoney were assigned as designated marksmen and spotter. They changed assignments numerous times (marksman to spotter/spotter to marksman) . From Deputies Ryan and Mahoney ' s position, the S was seen several times inside the house. Ryan and Mahoney kept the Command Post advised of' the S ' s actions inside the house. While using the radio, Deputy Ryan used the call sign .Bull , and Deputy Mahoney used the call sign Doc. * This was at the beginning of the SWAT situation. As the situation continued, both Deputies started using the call sign Doc.. Also at the rear of the house were Deputies Deanda , Forsyth and Sergeant Chertkow. They were assigned as Designated Marksmen Team 43 . - They were assigned to assist in the arrest if the S came out the back. Deputies Ryan and Mahoney were in their position prior to the Designated Marksmen ;3 Team got to their position. Deputy Ryan heard a gunshot. The .-information prior to the shot was the S was going back and forth and in and out of the house. This information was heard over the radio. After the shot, Deputy Ryan heard someone on the radio say +ar.�w^ tl Aarrar,rt�Io.� DS LacDa DOf DL Do Da Dy n r�*M D via. D ftw a1c, 0-11— D Cr.— i n^'*w*r C� D A D r+ri D P10. D srC - +c w.vr,�+r+, *+Ir t►++�o t7. t Tsw. u [DOW-mi-04C. p k*W,"P"CW Sergeant t� l nti�z � *on CONTRA; STA CaUN Y SHEPLIFF S DEPAATUEN.- J0070000 Mrt 22 - t-.0- Bac 35r1;Martir gz. Gantocrils fldS53-M- ❑HP0 straw. 95-14679 LeLc— ic�v,,.tGasrtiouirr A.D.W. !�rw i T.C�sr t?�y4 �rr'°n1 t ErtY�+�rr—M& 1hbft Ga, Brigitte 4/19/95 ?s 1. A.0*1"r UW_ 'noc►s+r,o. X ir,.a.cr•Aw.0..F.K 222 Anderson Wav r a y„p�,�,na.Q.Rreo•�rtei fou++d,fort.S�•>r+++tiumDes,Arndt.Ownler,franarwJurwwcat4r�«r I�toe�r},,rr,�r,Ss.iw fikn,er.Yls.^sAt++rocs D.acrgeen ldulor. 1t"twt TWcrt1 11�vt.►#Ur Toed Lois•42CT N fOtLC7.4SNG O+Ri>£R Ay Currer+CF Iron Ri.M..rf+Y G Cks�w'Kr Frti Q1 Yrt"� Q Co IZ.Ao=wwt hop"i s+a,eerrrrrs £ that it was a self-inflicted gunshot wound and then heard someone call for an ambulance. Deputy Ryan did not hear a Delta Order during this incident. During the initial briefing, when Deputy Ryan arrived at the .scene, there was no mention of the S threatening to harm himself or the child. There was also no mention of threatening responding officers.. All of the sightings of the S "from the rear of -the residence were silhouette sightings through window coverings . At the conclusion of this incident, Sergeant Woolard checked Deputy Ryan' s weapons . End of interview. Interview = Deputy Mike Camnisi - Interview was taped and is paraphrased. Deputy Campisi was assigned toValley Station,, Patrol Division,. Evening Shift. on 4/19/95 , on the evening shift, Deputy Campisi was assigned to Beat 11-. Deputy Campisi was in the Central Walnut Creek area when he was assigned to respond to Anderson Way. Sheriff' s Office Dispatch requested 1W24 and . 1YII to respond to Anderson Way on a subject barricaded in a house. Upon arrival at Anderson Way, Deputy Campisi saw Deputy Ortiz ' unit parked at Arthur Road and Anderson Way. Deputy Campisi parked next to Deputy Ortiz ' unit and saw Deputy Ortiz down the street in front of a vehicle. Deputy Campisi then contacted Deputy Ortiz at that location. Deputy Ortiz briefed Deputy Campisi about the situation. Deputy Campisi was told this incident started the day before when Concord P. D. had responded to Mt. Diablo Hospital on a possible child molest report. Concord Police Department contacted Sheriff' s Office today about this infotmation. r itr,we., ft"A'V CIO DC Da, ODf Di Do OVA Dv O t�„o„ Mw** O++e+raeatet O J I O ownw O P1004r+r Ck O ACS [:)~I, ❑Ito. OV-r_ x Aroo+'wq Dop.*r P"MQ M Dom r Ts+s VWAW O P'M arree+M O 0vW4 t.Dec. pW0 .PIN Sergeant-J, � Caw x A orv"ire#..IP 'A JW a.yw two ri Can ------------------ �- --- ----- ------__ j-Icoef ssoR CONTF- -?STA COUNTY SHERIFFS DEPA-RTME ;:A0070000 bow 22 n&'PO4.MWMI P-0-- Box 321,MartimeL Callfwnia 94SM-Wa 13 HMO ED Aer" ZZ A & 95-10679 H"A!a, Brigitte 4/19/95 1.Adarma/La" f-ICICIIIIIIIIM sQ i+atorctA MWft rL.F.hQ 222 Ander5on_wav, Mmrtinez. -CA 11.F40pwy 0600VOMM 6%owftdod.P-0co—vt PM*14 Low,t*dPm-ftwn Xambr,Aeuc:jq.O%amk.Ik"Ii<aylW mWtACtXw'j W4,60 Nqholw.S06if hks?ow.WII-�- � D-ZrvbcrLactw� W?w-a T&Lan WvL TaW L—-LWT V4 pOLLOW*G Oo_r>EpL A)CxIW4�.NMM M Jrws&r.P ins,F"L C1 0 cqs ha-4w-w r)U". Deputy Ortiz was contacted today by the wife of the S, and she told him the S had made her lie on the floor while he looked through the house. Deputy Ortiz said this occurred on Tuesday, 4/11/95. Deputy Ortiz attempted to contact the S after talking to the wife. Deputy Ortiz knew the S had a shotgun and had a child in the house with him. The S closed the front door on Ortiz when he attempted to contact him. Deputy Ortiz then backed off. Sergeant Fulwider, at . this time, arrived at the scene and assigned Deputy Campisi to position himself at the rear of the S residence. While Deputy Campisi was trying to make Ser it .,,.t,o geant Fulwider the rear of the house, he saw that Deputy eputy Ortiz and were attempting to recontact the S at the front door. The S had opened the door slightly and then slammed the door on them. Deputy Campisi then went through a field behind the house. He positioned himself on the roof of a shed in the backyard of the house. As you face the front of the house, Deputy camDisils position on the roof of the shed was in the left. rear yard. The windows at the rear of the house 'were covered. A kitchen window was covered with a bamboo type shade, and .Deputy Campisi could see through the shade into the kitchen. While Deputy Campisi was at the rear of the house, he heard radio traffic and heard Sergeant Fulwider ask Dispatch to call the S . At this time, Deputy Campisi advised over the radio he could see the S was using the phone. He said the phone was in one hand, and the shotgun was in the other hand. This was while the S was in the kitchen. Deputy Campisi saw the S numerous times . Each time that. he could see the S , he noted the S was armed with a 'shotgun. Deputy Campisils position was approximately twenty feet from the kitchen window. Deputy Campisi said he felt he was CA pof DL C)0 C)$A [D V Ow- [Dft-=ft3 C]J,.. rocwww " ----------- EDA= C]to C)PLO. C)SMC t< SerLeant -J, Knutson It AO*Mmwq$"VV-IP Aew ka. ri Po CONTRA : .. STA COUNTY tHF_PJFFS DEPARTVEN, AD070000 p0_Sox 32"1,Martir4LL Gtlsorraa 445534L. L V^M g 5-1 Ob 79 Z c.+. a c .►Jc ..w.+I. ��1 A.D.W. 2. T 1% t.Can On$.mart 1.En P*v ►+ L"1 H N tAlkR, Brigitte 4/19/95 ??125 7 AdDras J 1JR 'r�CO►RYwK'A 'X3. I.id'Ktt 1'W'rM�►.f.W 222 Anderson Wav, Martinez, Rr ,�.r,00attr omoatraam k%-jovnsad.Rac,o ws4.Found L=L toion-um moMb .A IAW9.Ouaf%k.6rsJ+aJic U/WA?*ft-tur:t LAO"NIJM -SOF4 P*X"bW-L(bI_*U+KXX DO&VVt m touua, Who"Takart Wva OckcM Taw Lona-LJCT IN FOc US V4,0 G 09--,M A)C:,9TW4X Nana t,Jew Wr Q Ck*%IPr,,Fury C7 YV%':ac 4 ON48 Eapu�c�r*rrt f7 ArC.o.T L W-. Cx!rh amu.FQ Nm as sz d Gocroti 1 Wae. ti.MaovrVt ksson1 i srsrnrraa compromised too many times while on the roof of the shed, and he decided to move from this position. SWAT Team personnel had arrived at the scene at this time. - Deputy Campisi then positioned himself in a neighbor' s backyard. He was there for awhile and was then ordered from the rear of the house. Deputy Campisi was then ordered bya SWAT Unit to respond to the Command Post. When asked about his compromised position, Deputy Campisi recalled seeing the S move the blinds in the kitchen with the barrel of the shotgun, and this was when Deputy Campisi was on the shed roof. Deputy Campisi said the S looked at --- `_. him; and. it was at this point that he felt extremely compromised, and he 'took better cover. Deputy Campisi was inside the Command Post when he heard the shot fired. When the incident was over, Deputy Campisi was told to sectuester the shooter. Deputy Campisi then drove Deputy Baeta to the Field Operations Building, and Deputy Campisi stayed with Baeta. At no time did he discuss the shooting with Deputy Baeta. Deputy Campisi ' s weapon was examined by me. Deputy Campisi ' s weapon is a Beretta, Model 92F, 9mm, Serial -tC83980Z . This weapon was fully loaded with one round - in the chamber. There was no evidence of a gun being fired. End of interview. Interview -. Deputy L. Houle - Interview was taped and is paraphrased. Deputy Houle is assigned to the contract city of Danville. His present assignment is DARE Officer and Investigation. Deputy Houle was at home on Wednesday night, 4/13/95, when he received a SWAT call-out on his pager. This call-out was at approximately 2125 to 2130 hours. Deputy Houle called 0126 D* Dc Da DM pc Do Ds9 [pv Dv--"bm F]vw. pftVacaG, D. . pc.rwar D 1'+a+ar^+r Q CIA= D w", D ko. D a+c x Aaporw Dwulr P-0 »,Dam J T raa VW D por 000-ft Ser ae an t DOr"' K Aaprw"&I".0"'AQ to $40W No it.Dam OONTFU:�STA COUNT-Y CHERIFFS DEPARTUD �AOMOW bow- "2 Box 321.Martir,#Z. Canton-aj q4_A53-V'__ HPC A,� 95-1067 4 O-MW 1. 11,1;A 9 1 A.D.W. 2, CK*Or+ 'L�) H"AG'�R, Brigitte 4/19 9 5 A * .* IM I LMC_ 4 "1� to S'Opecf 222 Anderson wav, Martinez, CA brt;*vr4md.Rec&ow"ad Fm-4 Low,toAvrt-hom Nwrtbw.A.-We.O%Af%*y.&"luau/LUMUCt.KW*I L4*cw N'Wn6w.UMM Mrnbw.W*_-M'S ^OO,.4 DMVVoMn Wl Ukwn%VVL r4kJONTOW LOM-L=N FMLOM?� OOkXk A)C.Vw%cy.hmaL C jvwWr.P Clofr%.Aw%01 VW-OW 0 VkM EavOvom n K&40,TV, a)nrIOMM 4 MM-1404 am WWft -------- DisDatch and was told of the SWAT situation. He was requested to respond and report- to the Field operations Building. Deputy Houle ' s call sign for SWAT is 1012 . Because of car problems, Deputy Houle did not get to the Command Post until 2345 hours. At the Command Post, Deputy Houle met with Sergeants Woolard and Gilbert. Deputy Houle was told to stay in the Command Post. While, in the Command Post, Deputy Houle was listening to radio traffic. The first transmission he recalls hearing while in the Command Post was Deputy Dahlstrom reporting what could be seen at the residence. Deputy Houle heard Dahlstrom saying on the air, "The subject is armed. -The subject L is going into .the house. " He also heard Dahlstrom say the subject has his daughterwith him,. He also heard over the radio the subject is on the front norch. The only assignment given to Houle was when the incident was over. That assignment was to monitor radio traffic while at the Command Post Deputy Houle said that he was in the Command Post �- when the shotsh� was fired. He said he did not hear a Delta Order prior to the shot being fired. Deputy Houle advised that he never did see the S , nor did he ever see the house where the SWAT situation was, as during the entire incident, he was in the Command Post En-d of interview. Interview - Deputy Vic Fernandez - This interview was taped and is paraphrased. Deputy Fernandez is presently assigned to the East N.E.T. Task Force. Deputy Fernandez was at home when the SWAT page came in, at about 2115 to 2120 hours ,* . Wednesday night Deputy Fernandez" SWAT assignmeht is Entry Team using a Benelli shotgun. OC OM r-)L C)O IDS^ [)V ow,�"A []Ybm OftWCO%C3 [3j" OCWWW MO-W-V,Ck C)A= C)*,mwI [DpLo. C)IMC OMP-Hp AT.Dom I I Vwawn C)C~.Oft. Sergeant-J. Kni-It,;nn. VC04wevo 0127 —---—----------- CONTPLA !STA COUNTY CHEPLIFFS DEPAATME:' 22 P-0- BOX 3SI,M&rtir,4Z_ WfOrrdl 945.53-Xag ❑ HPC 01 CA_r"*ICftX&*A0=WV% 4,ow"al 5-10671 A.D.W. t. 0 & t. Lmokoyve H�RgAIM, Brigitte CA a ors 4/19/95 1.Am**-,r I UW_ as swww:fs N-M 222 Anderson Way. Mr-t:*nez, C 7 a L _A bNr4od-P­P•w�FowP4 LaK ScipeN-apm homt*rt.Ao-ArJ-e.Q%aftory. UOde NIAm .S&r%d N6#TbW.W90W4P.IMX DmvvmL w-ws T&Lo,,WwL 040 Tow Lo...LjrT pq p0U,0wp#G OotJ A4 CwTvvy.N=AL&I yr-Ory.q CI~4.Furl D)VW%4"c Z CM6= ZQ610*wc jr)A& .o.TVL rrasrWIL 4 mou&aNcod 000M I mar- P.0cows-ed Nwwv 1 11 k&rrUV*/suOWN Deputy Fernandez responded directly to the Field Operations Building. When Deputy Fernandez arrived at the Field Operations Building, the SWAT van was loaded. He was assigned to drive the van to the scene with some of- the SWAT Members inside. Deputy Fernandez ' SWAT call sign is 1017 . Deputy Fernandez drove to the scene and parked the SWAT van in a driveway of a commercial building on the south side of Arthur Road. While there, the Members loaded up and got their equipment ready. Fernandez then moved the van to the other side of the street. To get ready, Fernandez checks his gear, including his weapon and his radio. .. Detu.-t-y -Fe,rnandez.. ,I.o.ald,ed .,hl-s shotgun at the scene with four double-0 buck rounds and one slug round. -The--*sluground wa-s, the first round .loaded, so it would be the last round shot. Deputy Fernandez- said there was not much lighting at the van while it was in the driveway. . Fernandez was in the back of the van when he loaded his shotgun. There is no light in the back of the van- Deputy Fernandez used a flashlight to loadt. his shotgun. The shotgun rounds used at scenes are kept in red canisters. The red canisters are always kept stocked. There are green canisters that are used for practice . The red canisters contain the following ammunition: 9mm rounds , 12-gauge shotgun double-0 buck and slugs, and ferret rounds. Fernandez knows what a breaching round is . He has never fired one- Fernandez thinks the breaching rounds are kept in a red can for call-out purposes. Fernandez also knows what flexible baton rounds are. He believes these rounds are kept also in a red can. Deputy Fernandez has never practiced with a breaching round or a flexible baton round. He has seen these rounds used in a demonstration. OL r)0 [:)1^ 0 V r1owme., Ck, C)OWWW 0~1 [3PLO. C)SMC U,AMP-,* 004AT F4-%Q tr.Do" /yop*%Wjww� DIS o owe.;., [D0~.Cft. -Ser zeant-J, K.nu r� -1-4;�> Aoorw"Wpv. Zo 6.4m.he -1c.Or sscrt CONTRJ ­ YSTA COUNTY SHEPUFFS DEPART AV___ .�&007DWO bow_4 2 e.0. B= 321. Martr4Lz.C.&n10m1& S�4SS3-C, L6�f� 13.crrne/c A.00mmi 21. ',11.CZ A 95-10679 A.D.W. , Z_)0 7' 7.caw or*hope' ter.."a Brigitte 4/19/95 21725 1.A.**rv"/LAC- , $meovo 0-F.K 222 Anderson Way, Martinpz7p - . cA _Hnq T:7P17 A Srzi -N"Nwri.).r.Anda.Ova May.or"f Ltau/LU NA&Cb.K or's&.404o Nwrcw.sorw. Lo". W?"rs T&Lsn Wwk VCk.A*s Total Lom-LILT N FMLOiom1 4 Oo%XPL A)C.-wc)X mous. C;Ck+ r4.Fun:0)VWuc�w t Mos Bawo-w+i it A&", a)rkIMMIL 4 H*600'46d Deputy Fernandez reported to Sergeant Gilbert at the scene and was assigned as an entry team member. Deputy Fernandez positioned himself on the east side of the residence next to a fence line. This was to the right of 222 Anderson Way. Deputy Fernandez used the fence between the two residences for concealment. This fence is approximately fifteen feet from the side of 222 Anderson Way. Deputy Fernandez could not see the S from where he was positioned. Deputy Fernandez heard other Deputies on the radio describing what the subject was doing at 222 Anderson Way. Fernandez heard someone come out of the front door and then heard Deputy Costa talking to the subject. Deputy Costa was - "This isn 't the way resolve the.. to telling the subject, - . I situation. " The subject said something regarding he did not want to talk. This happened more than one time. Over the radio, Fernandez heard the subject was on the phone with negotiators , and then he heard that the subject terminated. the call with the negotiators. Also on the radi'd, he heard the subject was observed walking back and forth with the gun. Fernandez then heard over the radio the subject came out of the house, and the girl was seen by the designated marksman, and the subject then went back inside the house. Negotiations then resumed 6Lnd were then terminated again by the subject. The subject then came out alone and '"hen went back inside. He then came back outside and had the little girl with him. Deputy Fernandez heard a designated marksman say he came out with the girl and heard the girl talk to Mike. The male S was heard saying, "Is my wife here?" . Shortly after that, Deputy Fernandez heard the report of one round going off. When the shot was fired, Sergeants Gilbert and Newman were with Deputy Fernandez behind the fence. 0 DE []L C)0 CJ M DV cor-so-lyck C)ACS [3~1 CIPLO. C)SHC x A0000 0M 0"rbre4 17.Dom i T~vwiw C3`w aro 0.0~.cft. M wwvw Poo Sergeant _J, Xnutson 6 ()110 7C son CONTRA JTA COUNTY SHERIFFS DEPAATME-N! kOO70000 Ort 22 P.O. Box =,Martimez.C.&JlfornLs 9.45.53-0" IDVO - C] 95-10679 A.D.W. 7719% F I 1 2. Z.30 Brigitte 4/1 ------- 7.Deft Owl+ L Lmoicpr� 9/95 222 Anderson Wav, �1 artinez. CA Fn_P mg, r 7,p kPOW11*0d.&K-wWad.Fmx%et Low.S*ivn-hw% /tea.O%ohm Wy.Ik I ULU I M&nV4ctx W*3 W-060 M%01%bw-SOM*Wo"tw.U*--e4momA Dft Zrvbcm.Lo" 0, When T&Lwi.Wry,h060a ToW Lom-LXT im F0U_-*%1p4 OA_—EJL A4 CeT*mc)L hoca,14,.W.Wrr q Csoavr%.FwrL 01 VWwcw 0 Ct' 60oo-rem F)A46a.rVL aw- Fernandez , Newman, and Gilbert then went to the front steps of the porch. Fernandez went up the stairs . The subject was on the floor in a seated position on the porch. His back was against the wall, and there were no apparent injuries. Fernandez heard the young girl scream. The young girl was shaking. She appeared to be in a trance. Fernandez grabbed the girl and removed her from the porch and then returned to the front door. Fernandez could not recall seeing the shotgun the S had while he was on the porch. Deputy Fernandez , Deputy Burt, and Sergeant Gilbert- and Deputy. Gordon and Deputy Bradley, all members of the SWAT Entry Team, entered-, the: -residence.. The residence was searched for other persons! None were found. Fernandez went on to describe ammunition canisters used by the S-WAT Team. The red canisters are used for SWAT call-out. They are not used for practice. The green canisters are for practice and storage for equipment, such as batteries. Fernandez thinks that ferret rounds may also be kept in green canisters. Fernandez recalls seeing a green ammo canister marked twelve-gauge stun bag. He believes that canister contains the flexible baton rounds . He also said that this canister may have also contained breaching rounds . When the canisters are . loaded into the SWAT van, the canisters are kept on the floor. Deputy Fernandez recalls seeing both red and green ammo canisters in the van at this SWAT call. Fernandez is not sure, but he may have used his flashlight in the back of the van to load his weapon and to locate 'the correct ammo canisters. Fernandez ' sidearm was checked by me. His sidearm is a Smith & Wesson, Model 5904 , Serial #TLL9374 . There was no evidence of it being recently fired. 0130 0 C oa U DE C)L C)0 C)$A C)V CI ACS 0~1 EDMLO.' C3 SOI: P0040 0 q NO IT.Ono I TA"VWSW C300010.06�- SergegntJ, Knutsrm —5 clorw 1 tonrr,uisor+ CONTRA ,STA COUNTY SHERIFF'S DEPARTMD. '.AD070000 2% P.O. Bax 34! Martr ez.C.ai{forn!s 19145S3-X-4 . ❑HPC L;oR+•. 95-10679L Ca a a crr.+.,C M�car.r+ A.D.W. •.o....;i. 1 A ► r S.Carr on&.F-Per' Mra L H"a-G-Et, Brigitte 4i19J95 7? t..�oor-..s,Lac. 'r*oo.rrsr�oa >Q tr„a.�:r•rYv+.t C...F.►+9 222 Ander-son Way—Martinez. C" n Fu T to flop-ty DwcVOO+s b%pwr4w.F+ac4-wvd Ffto,t Cor,Starr+.Morn k4m%jw.kloes.O%An*y.5r"/.(str,LUt4K&%XW*t W6060*-w .SwId Mxtzan,6tk.-stun s pi,ry _ ' ?wo Ts.►.+n Wv&h66o*Tow lar •LXT IN FOU.0WrrG Ok„Xk A)C.-wcy.hyar„9)Sr.*y..Ca 00eun _Furs:01 yWucdW Q Cfb E4v0mWV.F)A"c.TVL sr 1 O.Ffis+►r*•.FQ tMaa.Wr�Gorvac,t Maw- Ix Aixa•sis Rowrr 3 72 NWMIw,JOA�rr:+.rs Deputy Fernandez ' shotgun was checked after the incident by Sergeant Woolard. End of interview. Interview - Seraeant Mike Newman - Interview was "Cawed and is paraphrased. Sergeant Newman is presently assigned at West County Detention Facility, Morning Shift. Sergeant Newman was on his way to work when he received the SWAT call-out. This was at approximately 2112 hours . Newman contacted Dispatch 'via his cell phone. Sergeant Newman is assigned as an Assistant Team Leader Entry Team and is armed as an entry member with an MP5 . When Sergeant Newman arrived at the Field Operations Building, Deputy Thorsen had already arrived and had already moved the SWAT vehicles to the loading area of the parking lot. Sergeant Newman went to the A gory and grabbed the push cart and kook the cart .ta the SWAT van and loaded it with the call-out equipment. Aftergetting ready, Sergeant Newman waited for moreL SWAT Members to arrive. Prior to responding to the scene and while waiting, Sergeant Gilbert arrived and took charge. Sergeant Newman advised the SWAT call-out equipment cart is pre-loaded and in the Armory ready to go when there is a SWAT call. Loaded on the cart is a 37mm canvas bag containing flash bang holders, 37mm vests, baton rounds, and boxes of flash bangs ; also, a gas box with gas rounds . There is also a radio box that contained SWAT radios. The ammunition canisters are red, and they are designated as call.-out ammunition. In these canisters are 9mm ammunition, . 308 caliber ammunition, and a variety type of shotgun rounds. Sergeant Newman recalls a can, of unknown color, that contains twelve-gauge stun rounds. He recalls loading a green can onto the van off of the cart. Sergeant' Newman staged his team upon arrival at the scene. The Team did a weapons check and radio check, and he handed out equipment u AMMWW ftftAWV 0 331 Qs pc 0D pee pL pa C)SA EDV II M?+•+rupasen L]i'+� ❑hwavocs p J" p Carver II 04's"'r Ck CIA= 0 wwml (SRO. C sMc u.Aaow"OW&Ay P„r,p 17.omm ,Tr.o wr.rn .x C3 rtr.�00" p Qw-w.OMS p lirrr.a fee Sergeant J, Knvitson_ II MSL***r—V&W"t Pr*+o to &.P. O n.Or• ] CONTRA STA COUNTY ;kERiFrS DEPARTMEY 10070400 ar,, .*f ?"0.Y.O. BCLX Mirtir44 Canford: s�4sS3-o___d [D,,'C a :.tart.. 95-10679 Z c1... 1 E ro/c,�„�.�,.,.., •.o..:,. ,,c c .� �{ A.D.W. 2, ��o $CAb - _ H E.iLGF Z, Brigitte 7.caw Or+�.%WOM t. Lmgls �.•rra C 4/19/95 L^Colwra/LIC- t lcrinsr+ot X jam♦MW"*Q.F.bQ 222 Anderson- Wayar It-^awtr C..crtirwc wiv— dsd./lwro+ *4 Fa--4 Lai 37.5ie1.lent t+umbw.Arwit.O%Amwy.1k"/Ltu/wArw(actx*''1 Lio"Nwnbw.so-W►.A•rrtw'tfb---%L *mX Daaavvc'.Laeac VVIon hi.an Wwc 14�Toad taw.usT►t FOLLow 4 O+tOfR Al C'0wX;.hk M.IN a••r t Ci GsoNns.FVM C 1 Y�0 V%= E4V0?W,L F)ltiae .T1ra ems_ 0)rr'*MM K fbuarttde!OaaCl�!Wac t2..M40=W*rod Rww+� t3 1+arrs�.�/itawrrw+la as needed. A weapons check is to examine the weapons to make sure that they are loaded. The staging took place in a driveway on Arthur Road, near Anderson Way. This all occurred at the bread truck van. After staging, the Team then went to the Command Post, which was across the street. Sergeant Newman, along with Deputy Fernandez , escorted Deputy Costa to the 3 : 00 position at the scene. Sergeant Newman then' moved Deputy Costa to the 9 : 00 position at the scene. At this position, he left Costa with Deputies Brown, Thorsen, and Baeta. These Deputies were behind a blue truck that was in the driveway area , in front of 222 Anderson Way. When moving back from this position, Sergeant Newman saw Deputy McKeand lying prone by another truck near the driveway at 222 Anderson Way. McKeand was told there was enough coverage at this location and was told to fall back to the Command Post and wait for another assignment. Tactical plans were then developed at the Command Post to extricate the young girl for her safety. Another plan was made for slow entry at two points . At this time, radio traffic was heard that the subject was corning out to the front porch. Sergeant Newman then movedjto the position of the 3 : 00 side at the fence at the house next to 222 Anderson Way. Radio traffic continued, and -Sergeant Newman heard the subject came out with the shotgun and then went back in and then came out again without the shotgun. He then went back in and came back - out again with the shotgun and the child and then went back inside. The subject came out with the shotgun, set it on the rail and then engaged in ' conversation. He then went back inside the house with the -M. 0132 �ruwrV+n a��Arrr.rrp D• pc CID* pDE p,, Do p,A my a o"** "bn ❑ytaa a kwwwm, Q.Ar. Q 0w ww a 014001r ck CA= p 0,wu O PLO. Q 8+C X ft"-, +r ow-ft M'-V IT,OMM /To%*VWAW/ D p-lw o ft.- Q ow-w.o+C. ow. o r.na Ser an - a ow"r t&/1Fr*a'q L'►c A'r.V 20 ice+ +.o. 3i.Caw � �C CONTRA STA C-0UhTY 2-R1FPS DEPAF TV a :A0070000 22 P.0, Bax 391, Msr2i Z C461ants %AS53-D _. ❑►too ❑+►+,.,� 95-10679 L69h'm 1 c.,Rw/Caw+.br..., a.O-Dow t. 71.S n t A.D.W. 2. 1�_)o Brigitte t t e r.Cm a Ono.r+•� i. tmowr•*',• � z g 4/19/.5 :.A40,—/tx noo.rT,nc. 1a s.,a,o,aa K.h,.A-F. 222 Anderson Way, rar - ri.h*p"0060* 6mm *%;*vndrd.R+cawed,Fwr4 Cast&=4n.Loa+hk^ti ,k-ocit.0%4rk Ry.Brand/LtLu/Lk&NAX-UW*8 U060+Nvmbw.S--*N-r&w,Lfy.,shs Dsacryr, Lxsec- W,hv s TaLrl,leW6*u 1'+0Tocol Lar.LXT M FOS1 C+r P.4 OAfrl+V C.CTW%cy.Pk4 x jestrr.G GroIW4.Fwm Cf n V'" Lgvipr x,Fj U&C.rV,sc. Q)F7rearml p NMA*X*4 Occas !Lwac 12.KOCQ►s-"F'rapav i 11 kWT%1w!SAW I rrs shotgun. He then came back outside again with the shotgun and the child, and there was more conversation. Sergeant Newman heard the S saying, "Is my wife out here?" . The S then moved forward and then Sergeant Newman heard a round go off. Sergeant Newman noticed the S go down. Sergeant Newman then responded to the front of the house and instructed Deputy Brown to handcuff the S . The rest of the entry team staged at the front of the house and then made entry to search the house. From where Sergeant Newman had been positioned during the incident, he could see part of the porch and shadows going in and out of the house. Only part of the canversatiars of the S and the negotiators was :Heard by Sergeant Newman. When Sergeant Newman got to the S ' s front porch, the S ' s shotgun was laying on the porch near him. Sergeant Newman covered down on the S , and Deputy Brown, cuffed him. Sergeant Newman thinks Deputy Thorsen removed the S weapon away, from the S and unloaded it. The S appeared to be unconscious. Sergeant Newman said the lighting at the house was as follows: There was a porch light on, and there were interior lights on, and the front door was open. Sergeant Newman said the child was ,pn the front porch. Sergeant Newman does not- know if the S verbally threatened any of the officers present or pointed the gun at anyone during this incident. Sergeant Newman' s sidearm was checked. It is a Sig Sauer Model 226 9mm, Serial 7U353514 . There is no evidence that this weapon had been fired. End of interview. Interview - Denuty Chris Thorsen - Interview was taped and is paraphrased. Deputy Thorsen is presently assigned to the 0 X33 CIO DC IIrx p06 CDL po CIOR pv D ly Cb. D O rart II PLO. p w4c w wwaow Oww�r P-4 1T.n.. ,T�MK� p c.•+....ok p Lr.�..F+ra Sergeant .5 -------------- CO NTPLA'( ------- --_CONTFLA' STA COUNTY SHERIFF'S DEPARTMEK A00700M saw 2 P.O. Box 371,Mikrtinsz„Ca IO(T l.a Si 553" ❑WC ❑k*yr+c `a"'"" 95-I0679 zcgw -.,A.D:w. ..o«.r is t_,50� �. r— '"AbG'M, Brigitte 7 0i 4/19/95 S `` 222 Anderson Way, Martinez. CA ^. J ti.ha�trrr Or��tllA�'t: w--owr4".XKo.•+ Fw%&toK&*&on- Ytrn X4^bw.A+'sit.Owr+ttt7.Br"/ULUlittnc!(tLCXtr't t.cobrt th rrs�tr,S+r�al Mrrt�,f1 n�xs Drrcrlpt.�rL tpC�a. wrest Trksrt V't vk Pcs,,ot Tact torr.UtT IN FOezDWj,C►O+S?fR A)C.CTWX)4 Noeae fi JO-Orf Ca Ce4nU,4,Plum 0)VVUC+q c EAvbr*rm F)M+ao.TVL t+e v t Srttrrnc tQ M0-*th0*4 0*00L A WNW— t2.pw=w W-94 F*tol VI 1 11►iarrt t.a t iw yrrrw+tt M. D. F. on the Morning Shift. Deputy Thorsen was enroute to work when he was paged of the SWAT call . Deputy Thorsen responded directly to the Field operations Building and contacted Radio by phone. Deputy Thorsen ' s SWAT assignment is a tactical team member and uses an MP5 as an additional weapon. Deputy Thorsen ' s SWAT call sign is 1018 . Deputy Thorsen was the first SWAT Member to arrive at the Field Operations Building on this call-out. Deputy Thorsen obtained the keys to the SWAT vehicles and started them and moved them to warm them up. Sergeant Newman arrived after ' Thorsen arrived and loaded the van. The SWAT equipment is pre-loaded on a two-shelf cart. Deputy Thorsen doesn't know exactly 'what is �n the cart for inventory. Deputy Thorsen is also authorized to use the Benelli shotgun as a. SWAT Member. The only ammunition Thorsen has used in training on the shotgun is bird-shot double-00 buck and the twelve-gauge slug. Ammunition used for SWAT call-out is kept on the cart in red boxes . Sergeant Newman loaded all of the items off of the cart into the van. Deputy Thorsen recalls having someone demonstrate both the breaching rounds and the flexible baton rounds. He has' never personally used or practiced with either of these rounds. Deputy Thorsen lo4ded his weapon at the scene from magazines he keeps personally. Deputy Thorsen was briefed by Sergeant Gilbert prior to being deployed. Deputy Thorsen was told the S was inside the house. The S had been on a crank binge for the last several days. He was armed, and he had a small child in the house with him. Deputy Thorsen was then assigned with Deputy Baeta and Brown, and they were assigned to relieve Deputy Ortiz, who was at the left side of the residence. 0134 Di C3a poi po* pt 00 psn pv II A 8". ,ck C)A= II&%Wt p PLO. ❑sic x-�+�0--ft P-0 II +a.rwt.� II c5tr+a o+c p wvr,.r.rt+ Ser dean t COKTAI. jSTA COUNTY SHMIFF"i'DEPA RTME: .A,007DWO bow 2 P.O. Box 321,Martir4 , Gplocnia S 4S53-00ZU ❑WC QArrssc L CA me- L Garr 1 C�m�jCaawcrr.+ t.CW0.1, �y;c A i.!►.cam._ t 95-10679 A.D.W. 2. L_)o I.EmGk f 1w. H"A&G�R, Brigitte t �4 9/w Oeg.g5 ?� 5 G t.A40rws I Lac_ »4t..F.W 222 Anderaon Way. r 1*4r6W.Mwi FM14 LaK SL�n. %wh Nun bW,A tdl,O'AMItr.drsr4/1,tLMIMA wtbc vr'I A MOO Lou s Mrrwy Tran.YIWM ttdVU ToW law.ULT N FOLLO#ANG 00%' R At C+,s WXY.NotaL 14.3ewShY.Ci CLOT r%.Furs:Dt VW"'6+e 0 GXscs Etv�F)A&"-T'VL I al F •r+^�t4 Hou-hC+a i?OOM.I W-_ t 2,AACO„W-94 14 MON t 13.N&MZA-4 I au wr�araa When Deputy Thorsen got to his position, the S was inside the house. Deputy Thorsen was in his position for one-half to one hour prior to Deputy Costa arriving. Deputy Ortiz briefed Thorsen, Baeta, and Brown to what he had, and he was then relieved. Deputy Thorsen talked to the S briefly while the .S was on the porch. Thorsen was at the front- of the truck. Thorsen told the S they were thereto guarantee the safety of the child and for the safety of him. The S asked constantly who called the police and why they were there and did they have a warrant. The S said he took his daughter because she had been molested by his wife and his wife ' s boss , and then he was not going to let anyone hurt his daughter again. The S was not armed at this time. The S never armed himself outside prior to Deputy Costa arriving. The S went in and out four to five times prior to Costa arriving. Prior to Costa arriving, the S never threatened any of the officers there. The S said 'he was not going to let anyone hurt his daughter. He also said his wife ' s boyfriend is a big bucks guy in the County, and the officers were part of a conspiracy to protect him and his boss . The S asked to .see the Watch Commander. When told the Watch Commander was at the scene, the S then said, "He is part of the conspiracy also, becau*e all the big bucks guys are part of it. " The S also demanded. to see CPS . At one time, the S asked, "Why is the SWAT Team here?" . The first time the S came out with a gun, he was holding the child in his arms . He had the child cradled in his arms holding the gun in his right hand. He. set the gun. down on the railing on the front of the porch. The S then picked up the gun and took the child back into the house. Thorsen had radio information that the S was then on the phone. The S then came out again with the gun pointed down. The girl .�, u.Aa..o.s+ism V 0135 CIO MC oa nM [:)LE30 DOR DY C:Ylas ❑ftwo"ts D,h" D OM.''r'*r x c+wor t►t++tio 17.ca..r T.+..v.. u D FM Owpft:, p 0~eft. p�.� Ser zean t ( - S . x AVON .+y W..M'*•*o 2v i,ar..►.o. ts.Cam �ca�rrsson CONT" STA COUNTY tHERiFrZ DEPARTMEA'- A0070000 22 . .0. Box 341, Mkrtir; , �nioxt 9.4553-C p wP,p d� t a+�1+► 95-10679 zc.aa. 1 cam./Ciw�+�aar+r+ A.D.W. t.ow.t z GJC7 A i tics. icy►« H' &AIMBrigitte t to r.cam,. f g� 4/19/95 t.A4*.N s!ix. 4 ej,"'Wrp 70. j,.o . t♦wnr 4..F.L4 222 Ander n Wavi a unR ^� tt.FtawTf OowMwz '7DVr�iSMQ.MC-0�7r1M�Fa,nd,Lew,toiM1•Mn+/�luin."+r�.Mkd t.Qwnfk7,br v+d ii taffy/Wrx+Sac'txsr'�idObit N%Mr- W.S.�rLf tl�s �«'.11�s.-,rN.i+�,xr Dwsvos, (M..- 14tw�Taut wua O c*.0a T"Lan-Lj6T!t FOLS.:krt,4 iktXAL Jy C,-w cx hmwt C.*Wph .G C%00e+r4•Furs:Ci OF" 6Q APMwa.fl A,4,.T L ec Qa F',nrnra;tQ Ko�+►++nr.+a Gaxk:{►wc was on the porch at the head of the stairs. The girl was asked, as was the S , for the girl to come to the officers. At this time, the S replied, "Why would I do that? She ' s not going anywhere. " The next time he came out, the S was holding the gun down. Deputy Thorsen does not know where the child was at this time. When asked to leave the gun inside, the S said, "No, I think I 'll keep the gun with me. " Deputy Thorsen was aware that the plan was to separate the S from the child and then attempt to disable the S with a beanbag round, knocking him to the ground. The plan was not to do that, if the S was close to the front door, if the girl was inside the u-- house. If there was a bad hit, the S could get inside, and he might hurt the girl .` Deputy Baeta was-.loaded with beanbag rounds . Sergeant Gilbert had instructed him to load those rounds. That 51 instruction was given to Baeta when the SWAT van was parked R in the driveway on Arthur Road. r Deputy Thorsen loaded his weapon without the use of a flashlight. Someone in the van used the flashlight to load a weapon, and it was unknown who used the flashlight. Deputy Thorsen did not watch Deputy Baeta load his weapon. When Deputy Baeta fired the shot, the S was holding a .f shotgun. The shotgun was pointed downwards . It appeared he was leaning it against the banister at the end of the porch when the shot was fired. Deputy Thorsen did not hear a Delta Order. The S fell backwards . Deputy Thorsen approached the S , . who was now laying on his back with his hands at his waist. The S ' s shotgun was lying across him. The S ' s right hand started to move towards the gun. Deputy Thorsen does not know if this movement was a conscious reaction or a nerve %L AM"aftw Aw ,o 0136 D• MC DC► QcE QL Qo 000k Qv n�+w�a.wn Q v+w Q wrcares Q.tr. Q C�wwr.r LZ.V,."1y Ck Q.Cx Q VVgAj Q xc. QSMC x.shmpoewq Mn No 17.Coo Iwo wry � u Ser ant G .- - 1 Ca xsso„ CONTRA, `STA C UhM ' SHEFUO;j pEPAAT)AEM, 0C �00700 2 _j. Box 391,M&��Cansorra 945553-X Q►*,o b « cn�.. 95-10679 s o c�,�,..c�+.r�..+ A.D.W. - a.o...+i. 75x c r x"AbGtR, Brigitte 7 cx 4 9/95 L M . 1.k+o,..�tx. •+'�oa,n^w+w xi lwcrr�.�r�..F.� 222 Anderson Way. r un �I.Aap"0600- OWT krowmd a.PWC4 + PO-0-4 Lail toiswN. ter„Nwnl r.Arode,Owmk.brv+o/w�t./w�,uc,e K x Rtab«hven,w,Swim rkr"bw.uk ..D4W rV"C.ti L=, t#'r r�Ukw%.Wvk t,ckjos Tow Lor•U T Mit FOtJ.:7Nrt O+jXp.N C,.".r.Cy.Ama Fvx 01 4 Onka. 6c1v0r+wc rl R+ao.Tva or ;.1 W F)rm-U.4 f+cw+. NcsW O.000k 1 Most i2.err*[Ms'+�ry_ 13.1+atrti.+/fxarrwir reaction Deputy Thorsen was prepared to shoot the S if he grabbed for his shotgun. Deputy Thorsen grabbed the shotgun and stepped off of the porch. Deputy Thorsen then set the gun down, and someone on the porch said either secure that weapon or clear the weapon. Deputy Thorsen then unloaded .the weapon, as he thought the person said clear the weapon. Deputy Thorsen then placed the weapon on the ground after taking one round out of the chamber and one round out of the magazine. These rounds were twelve-gauge shotgun rounds. One was red in color and the other one was possibly blue in calor. An .entry team then entered the house. Someone had taken the girl away, and someone had cuffed the S . When Thorsen had stepped up onto the porch, Deputies had rolled the S over` and there was a pool of blood under him. It was at this time that Thorsen realized that the S was injured. When Thorsen saw the original shot hit the S, he thought the r beanbag really hit him hard. Code 3 Medical was requested, and they responded. The lighting at the front of the house were two floodlamps on the house and another light at the edge of the porch. There was another light that was a motion light near the carport that went off and on during this incident. Deputy Thorsen ' s long weapon was checked by supervisors at the Field Operations Building. Deputy Thorsen then added at the end of this interview that when he- talked to the S and the S said he wasn 't going to allow anyone else to hurt his daughter, the first thing that entered Thorsen ' s mind was that the S had intentions to hurt his own daughter. End of the interview. u A&.,r*%.," 0137 n• DC CCA Dai ❑L j]o psk Qv D"....w,o,,, o yl+ clftw� Q,u. Q carr.n« 0""0"ak C3 ACS p w.n [3 R0. p%►C x car P,-,o IT.p.,flTo S� i Q�.ok. Qwr.r.+.ftrw Sergeant l� f n 0.,.. ,a. •rw ..r„,� ra S%*W.►ro V.can 17 Face Page CONTE JSTA COUNTY SHERIFF'S DEPARTME" ...0070000 M Continwaton P.O. Box 391, Martinez;- California 94553-L. 'Jr1HR0 L7 1.OR No, Z City Cooe 3.Crime/CiLassitication More 95-10679 Cen.,, Pers ;,.- )Day wl Deadly Weapon 2' 236 PC )Day�D�re,'TifO 17.�,e,/T �epoj a.Employee _ 9,7 e�K'y "4"-W-95 1715 hrs. i�114 e 10.Aoficac m'l=ion of Occu M erson- e Martinez 7 0 PSI C3 Vic IT C3 MSP RUN ❑SUS ❑LEAD CD other 12.Name(L F,M) 13,Pace Sax Age 14.005 15.Driver License No. Deouty James Mahonev #42074 W M A I I -- 16.Address (Zip Code) 17.Home Phone 18.Employed By or School 19.Work Phone Contra Costa Countv Sheriff's Office 710 1 313-2500 20.Hair 21.Eyes 22.HL 23.WL 24*AKA/ Maiden Name 25.Social Security No. 26.Furiner Description(Scars,Tanoos,Mannerisms,Clothing,Etc.) 27.Booking of Cite No. 28. PRI CD Vic XXWIT ED MSP RUN El SUS LEAD other 29.Name(L,F.M) 30.Race Sax I Age 31,DOB 32.Driver License No. Der)uty Allan Burt --,,"3 0 15 0 W I I - 33.Address (Zip Code) 34.Home Phone 35.Employed By or School ii 35.Work Phone Contra Costa County Sheriff's Office 510 ) 313-2500 37.Hair 38.Eyes 39.Ht AO.WL 41.AKA/Maiden Name 42.Social Security No. 73.Further Description(Scars,Tanoos,Mannerisms,Clothing,Etc.) 44.Booking or Cite No. 4S. CD PRf 0 Vic XXWIT C]MSP CD RUN 0 SUS C]LEAD ❑Other 46.Name(L.F.M) 47.Race I Sex I Age 4,8.DOB 49.Driver License No. --Sergeant Richard Woolard #36668 W M A I I - 0.Address 6ZiP Code) 51,Home Phone 52.Employed By or School 5.3.work Phone - Contra Costa County Sheriff's Office (510 646-2402 54.Hair 5S.Ey 57,WL f 58.AKA/Maiden Name 59.Social Security No. 60.Further Description(Scars,Tanoos.Mannerisms.Clothing.Etc.) 61.Booking or Cite No. 62-Vert/Ves 63.Uc-No.(State) 64.Year 65.Make 66.Model 67,Body Style 63.Color Too 0 S 0 Vic% 7.(State) ( J I I Bottom 69.Status 70.Registered owner 71.FLO.Address 0 Left n Impound 72.Towed to or Released to 73.Who has keys? CD Stored 74,Evid. XKYe3 75.FIP C2 Yes 76.Disoo of Evidence 77,S Missing 78.S Damaged (:]NO 1 No FOB Evidence N/A I N/A TS Brief Synopsis of Incident (1) (2) (3) (4) (S) (5) Distribution 81.Additional Routing MB r1C FIDA ODE CDL 00 OSR C3V Oftivestigabon C7ViceONarcolics Ojuv OCoroner 82.FrrtTrig Deputy(P Date I Time Written 7 'OPropeirtyCk. MACS r1fritefl. nR.O. r-1 SHC gersoll _2-3 .q�-- I O Patrol Caotain MCompLOfc. MMarine Patrol 115.Approving SuPv-(Print) 86.Supy.No. 97.Date Other FORM A (Rev.1/89) 0138 71 Fmce pu Ve CONTRA -�UTA COUNTY SHERIFFS DEPARTMEN', 0070000 Beat r7 cominuawn *.0. Box 391, Martine-, California 94553-C 71 HRQ 0 Arrew i.OR No. Z.Crty.0000 3.Ctirna/CLassificAoon 4.,Du%ilI 7-24:)a 95-10679 I Cen Assault w/ Deadly Weaoon 2•-'lam!' � :e.Day/Date/Tiff)e of Oc 8. Emoioyec N -04r-TeN-95 1715 hrs 7. T 1- �7 i�114 Wednesday 2. 9.Rec:&r.: i0.Adlyj/ ion of OccuVence oerson Lane Martinez 11. 0 PRI 0 Vic rT 0 MSP ORUN CD SUS OLEAD F1 Other 12.Name(L.F.M) 3.Race Sax Age -oos 15.Driver L.icanse No. z",3928 -Deouty George Wright - A 114 16.Adorers (zip Codell 17.Home Phone Ia.Employed By of School 19.Work Phone Contra Costa County Sheriff's Office 510 ) 646-5441 20.Hair 21.Eyes Z2-Ht 22.Wt. 24.AKA I Maiden Name 25.Social Security No. 26.Furtner Description(Scars.Tattoos.Mannerisms.Clothing.Etc.) 27.Socking or Cite No. 26. 0 PRI 0 Vic �41T 0 MSP CDRUN O SUS O LEAD 1:)Other 29.Name(L,F,M) 30.Race I Sax Age 131.008 32.Driver Lcen3a No, -Deputy David Brown 14 20 2 1 W M A 33.A.0oress (Zip Code) 3.4.Horne Prione - 35.Ernoioyed By or School 36.worknone Contra Costa County Sheriff's Office 510 313-2500 37.Hair 38.Eyes 39.HL 1 40,Y*11, _141.AKA/Maiden Name -- 42.Social S-acurny No. 43.Furvier Description(Sears,Tattoos,Mannerisms,Clothing.Etc.) Booking or Che No. 45, C)PRI CD VICR O MSP 0 RUN []SUS [3 LEAD CD Other 41.N87(U,1,I) 47. cc I Sex I A 48.008 49.Driver License No. T) ty Gary Arroyo 4"36(Y1 M 60.Address (Zip Code) 51.Home Phone Employed By or School 5:37 Work Phone Contra Costa County Sheriff's Office 510 ) 313-2500 54.Hair 155.Eyes 56.HL 57.WL 58.AKA./Maiden Name 59.Social Security No. Ga Furu*r Description(Scars,Tattoos,Mannerisms.Clothing.EI--) 61.Booking or Che No. - ED S ED WittII Bottom 62-Ven/Ves 63.Lic.No.(State) 64.Year 66.Make 6&Model 7 Style (63.Color Too 69.Status 70.Registered Owner 71.R.O.Address 0 Left 0 hnoound 72.Towed to or"eased to 73.Who has keys? M Stored 74.Evi.:L F-I Yes 75.F/PmYes 76.Disco of Evicence 77-S Missing 78.S Damaged 7 N DNo 79.Bnel Synoosta of Incident (4) (5) (6) I M Dis:tnbuvon 81.Additional Routing B 171C ODA ODE OL MO OSR OV 0 Investigation Vice 0 NarcoticsrjJuv OC-0(00ef 82.F� n gDeputy( Oat. Time Written 84. 0 Flpnopemck. OAcs Ointell. OR.O. OSHC TrIgers 0:p)IT /240 0 ]Pxeol Captain OCompl.01c. r7MaruwPatrol 115.APProving Supv(Prima 86.Supv.No. 68. M Other FORMA -(Rov.1/89) 0139, C�7 .ry tk- F&c*Pzge CONTP- 3STA COONERIFFS DEPARTMEN A0070000 MrlC.ormnusuon P.O. Box 391, Martinez- California 94553- 3 uticierrentid - - 0 HRO IL DR No. 2,City Code 3.Crime/cLassilkiettlowN � - Lail 1 /-4Da_ el- 5.l,'ic-- 95-10679 Cen Assault w/ btiiAdly Weavon - I I ]A,D'a 2. 236 K� P,� Day Dfite/Ti�e o(Occ ff 1, 7.�ieViTp a.Employes ay - �-N-95 1715 hrs. 'f�15 i�-114 c I-R-.,> M.AdIn/=ion of Occupcz 7 erson e Martinez Al: C)PRI '�n WIT C)MSP J7 RUN ❑SUS --------- OVIC 0 LEAD CD Other 12.Name(L.F,M) 13.Race Sax I Age 14.DOB is.Driver License No. Sergeant Rod Carpenter #18553 W M A 16.Address (Zip Code) 17.Horne Phone I&Employed By or School 12.Work Phone Contra Costa County Sheriff's Office 510 646-4494 20.Hair 21.Eyes 22.HL I 23.Wt. 124.AKA/Maiden Name 25.Social Security No. 26.Further Description(Scars,Tattoos.Mannerisms.Clothing.Etc.) 127.Booking or Cite No. 128. CD PRI C)Vic C3 WIT C]MSP 0 RUN 0 SUS C]LEA,0 I�Q-Other 29.Name(L.F.M) 30.sac*I Sex I Age 131.008 132.Driver Uc.anse NO. Baker, Janet W F 44 8-30-40 a.Address (Zip Code) U.Home Phone 123 Anderson Lane Martinez 94553 ( 510 ) 370-0342 3.5.Employed By or Senool 36.Work Phone Eyes 39.HL 40.WL 41.AKA I Maiden Name 42.Social Security Ne. 43.Further Description(Sears.Tattoos,mannerisms.Clothing.Etc.) 44.Booking or Crte No. its. L PRI Vic ❑WIT CD MSP CD RUN CDSUS F1 LEAD C-mer A66.N Nammee (L.F,M) 47.Race I Sex I Age Az:DOB 49. Driver License No. tzen. Tamie W F 31 M-;0 Address (Zip Code) 51.Home Phone 234 Anderson ie Martinez 94553 (510 ) 228-2933 fZ Employed By or School53 work Phone 54.Hair 55.Eyes 158 58.AKA Y Maiden Name 111. 57.WL 59.Social Security NO. 60.Further Description(Sears,Tanoos.Mannerisms,Clothing.Etc.) 61.Booking of Che NO. 62-Ven/Ves 63.Lic.No.(State) 64.Year 65.Make 68.Model 67.Body Style 63*Color Too S f--1 Vict Bottom 69.status 70.Registered Owner 71.R.O.Address O Left Impound 72-Towed to or Released to 73.Who has keys? 71 Stored 74.Evid. ElYes 75.F/P n Yes 76.Oispo of Evidence 77.S Missing y 78.S Damaged L7 No 1 0 No tl 79.Brief Synopsis of incident 4 (3) (4) (S) (6 < Distribution 81.Additional Routing OB CC [30A COE OL 00 MSR MV OnInvest0abon Mvice Mhtarcotic= OJuv CCOroner 112-Fr 9outylp" 83.Date Time Written Property Ck. []ACS C]IntelL 0 R.O. M SHC n De 011 Isqa C3PatrolCaptain 0 COMOL CIO. C3 man"Patrol M Appro"tig Supe(Prinq 86.Supt/No. 7.Data L7 Other FORM A (Rev.1/89) 140 0140- �, - �►'.O:Boz 391J Martine4 California t .. 3-0039 pHcr 1.DR No. 2.Cry 3. Cnma/Claasihcauon a.Detad 1 L42la 95-10679 C, Assault w/ Deadly Wear= g�`-- 6.Day GI her dy. -1 95 1715 hrs. �+a=1r9-75e��15 a imp+or�n114 10.AdlfL /Docs n of Occutrence Qe_Son e Martinez --� 11, p PRI p Vic O WtT p MSP p RUN 0 sus •p LEAD , 12.Name(L,F.M) 13.Raga/Sax/Age 14.008 15.Driver License r. Hedemark. Kimberlev W F A 16.Address (Zip Code) 17.Home Phone 125 Anderson Lane Martinez 94553 (510 ) 372-8349 18.Employed By or School 19.Work Phone {510 ) 372-9100 ex 20.Harr 21,Eyes 22 HL 23,WL 24.AKA/Maiden Name 25•Social Secursy _ 26.Further Description(Scars,Tattoos.Mannerisms.Clothing.Etc) 27.Booking or Cite 28. C)PRI ❑Vic C]WIT 0 MSP [)RUN ❑SUS (]LEAD -'C7. 29.Name(L.F,M) 30.Race J Sex/Age 31.DOB 32.Driver License,tic Jer-ni an, Yvette W` F A 33.Address (Zip Code) 34.Home Phone _ 117 Anderson Lane Martinez 94553 (510 ) 313-8968 35.Employed By or School 36.Work Phone ( ) 37.Hair 38.Eyes 39.HL 40.WL 41.AKA J Maiden Name 42.Social Securry 43.Further Description(Scars.Tattoos.Mannerisms,Clothing,Etc) 44.Booking or C:,e 45. (D PRI CD Vic CD WIT [D MSP ❑RUN ❑SUS [3 LEAD [C-.-,e AS.Name(L.F,M) :27.Race/Sex J Age 48.DOB __749.Driver License Nc. :50.Address tZip Code) 51.Home Phone ( Y 5Z Employed By or School 5a.Work Phone z 54.Hair 55.eyes 56.HL 7. Wt S8,AKA/Maioen Name 59.Social Securtrr Nc 60.Furtner Description(Scars.Tattoos,Mannerisms.Clothing,Etc.) 61.Booking or Cite tvc. 62.Ven/Ver 63.Lic.NO.(State) 64.Year 65.Make 65 Model 67..Body Style 63.Color Top ❑S �Vict Bottom 69.Status 70.Registered Owner 71.FLO.Address ❑Lett FI C 3 impound 72.Towed to or Released to 73.Who has keys? Stored 74.Evid. E)Yes 75.F/P FlYes 76.Oiscio of Evidence i 77.S Missing S.S Damaged No No 1 79.Brief Synopsis of incident (1) 1 (Z) (3) (4) (5) {6) M 80.Dismbution 8t.Additional Routing 08 ❑C oDA ❑DE [}L Do ❑SR oV 0Irivestigation O Vice [3 Narcotics 0 Juv C]Coronet 82. port'ng Deputy(Pr 83 pate 1 Time Written• 84.D property ck. p ACs [l Inted. [3PQ. ❑SHC R:. Merso 1.1 ,57_1.3,p 'I 4-, � paevi Captain O compL Oic. 0 Marine Patrol as.Approving Supr(Pring 86.Supe.No. 117.Date 88.P-ez- other FOP-M A fi*v.1/89) 0141 7) ---- Z47a 7— ---- Assault w eadlv Weao2, j-j� * 7-- 6. V,ctm a(l„ F.U) 7.Date Dri Awpoj S. EmOo-yee No. orntxe—rger, Bri-6ette Je-ssic' -a' 4-1�-95 27114 of "Occurrence 10.SuL>VC1,S Na"(L F.M) - 222 -Anderson Lane Martinez Hornt>-erger, Anthony Louis 11.Proqof?y Deaciumion: hvc-imded.Pwiic*-,wod.Found.Lo-VL Statin-ham Number.Article.Ouan&Y.Seandl Make/Manuiaclurvr's Mo"Nvmbw.Social Number,M4c*L&A*0u%Cy Wnwii TsAw�talus,incluo,4 Tow Lc-"-UST IN FOLLOYANG ORDER:A)Currency.NCKOC B)J*-airy.C)Ciothing.Furs:01 Vehiciox:E)Othcg EQuipfnent:F- G)Fir"rrna;hi? 8usat+dd Good%:1)Misc. 12.Aec-ovew ftxip"S On 4-20-95 at about 0055 hrs., I was contacted by telephone at my home by Sergeant J. Kriuts--,:- He told me there was an officer involved shooting in Martinez and he did not know at that time .. the subject's wound was self- inflicted or not. He had no further information at that time. He asked me to respond to the Field Operations Budding to:assist in the investigation. At about 0200 hrs., I arrived at the Field Operations Building and met with Patrol Division Captain J. Gackowski and Detective M. Fisher. Detective G. Yamamoto was also present, but P a representative of the Deputy Sheriffs Association per the Officer Involved Investigation Protocol. Detective Fisher told me he had been called by Sergeant Knutson to assist in the investigation. Captain G-ackowski told me that the S.W.A.T. Team had been called for a barricaded subject and the subject had been shot with a "breaching round" by S.W.A.T. team member Deputy M. Baeta . He said the subject was dead. At about 0220 hrs., Sergeants J. Knutson, R- Weckel and J. Celestre arrived. Sergeant Celestre was to be the lead investigator and he told me that the subject's name was,Anthony Lewis, Homberger, a white male aged 42 years (dob 8-5-52), who lived at222 Anderson Lane in Martinez where the shooting took place. He also told me that the District Attorneys office was sending several investigators as per the Protocol. At about 0245 hrs., Deputy M. McKeand arrived at the Field Operations Building with some personal property of Hornberger's which he had obtained at the hospital (see Deputy McKeand's supplement). Deputy McKeand gave me the property which was limited to a pager, a book of personal checks, a.roll of Rolaids and a medical paper from Mt. Diablo Hospital. I retained possession of these items. Shortly thereafter, D.A. Senior Inspectors T. Leary, R- Caskey and J. Wasson arrived to take part in the investigation. Each of the Inspectors was teamed with a Sheriffs Department investigator to conduct the interviews of S.W.A.T. members and other witnesses. I was teamed with Senior Inspector T. Leary. DB OC [DDA M DE pL pa SA pv ❑Prop"Ck. [3 ACS C]Inuit. [D FLO. M SNC 1&Aeoorariq 0*WtY(Pent) 17.Date Tkr4 Tion[3 �pwc. [3 tat odcAptlia 00om;wofmannefttro, R. Ingersoll 9,5- I'L40 19.AaPro-ing Supy.(PrU-1Q. 4 0.supe.No. 21.Date FOAM 8 (WY.I 189) 0142 :_.-_ a:'GrwiarGaaut,cauon i, G4�a Assault w/Dead ly We, 1 - 6.V=rn ,a(t, F.M) 7.Costa On .A,epor, (b Ernoior"No. .. �6=Derger, E.- .tgette / Jesszca �+-1` -°5 1 27114 9.Aaoreys/ l ocat ion _Of Occurrenr e . 10.Susraect's Name(L.F.M) 222 Anderson. Lane Martinez Hornber ,er, Anthony Louis ,1.Prop"ooscmpeoty . knpoundcd,R+CrsrereQ Farad,Lost SuKen-Um Number,Articls,Ouartry.Brand/Make/Manutacturer's Mo"Number,Serial Number,Misesttan+o_. Weser•T"on.YsJua,k Duos Tout Lasa-UST LN FOLLO ANG OROER:A)Currency,Nass;B)Je-eiry;C)Ctominq.Fvm D)Vehicles;E)Omev Equi G)Firearms;K 146usahcid G000t;p Misc. t2.ReCovsreC hvgerty f a Prior to beginning the interviews with the S,W.A.T. team members, Inspector Leary, Inst -_ Caskey, Sergeant Weckel and I drove to the scene in order to obtain a better perspective of.,. occurred prior to the interviews. We arrived at about 034S hrs., and met with Deputy R- OrLz who was protecting the scene. Also present were Detective M. Fisher and Criminalists P. Ho. and T. Cauthen. Detective K- Daley was also present to video tape the scene. The scene was single story, single family detached home on the east side of Anderson Lane in Martinez near Highway 680. Cr niinalists P. Holes and T. Cauthen showed us the front porch area of the house where the subject had been shot. They pointed out an unexpended translucent white plastic 12 gauge shotgun shell marked "Master Key" on the porch. Below the porch near thesteps was a 12 ga semi automatic shotgun with two unexpended red plastic shotgun shells lying next to it. The criminalists also showed us a blue pick up truck backed into the driveway close to the house. Ir. i between the cab of the truck and the bed of the truck, they pointed out an expended translucent =� white plastic 12 gauge shotgun shell marked."Master Key". We were told that this was the location from which Deputy Baeta had fired the shot which hit the subject. We left the scene at r: about 0400 hrs., and returned to the Field Operations Building. At about 0420 hrs., Inspector Leary and I interviewed Deputy Tames Mahoney in my office. Tht interview was audio tape recorded and-the following is a paraphrased summary of the interview (refer to tape recording for exact language). In response to some standardized questions, Deputy Mahoney told us that he has been with the Contra Costa County Sheriffs Department for nine years. He said he is currently assigned to Court.Security on day shift: (0804 to 1740 hrs.) with Saturday and Sunday off. He said that he had one beer about 6:30 PM and is not takingany prescription or non prescription drugs. He said he was at home when he received a page for S.W.A-T. team members from Sherffs Dispatch at about 2134 hrs. He called Dispatch and was told that there was a barricaded subject, possibly 1<.OctIIibuoon Ii.AWtuo at Aoui,nq k is Cls CC BOA ODE CL [DO CSR [Cv Q kwagt*on Cl Vic* ❑Narcodcs C Jur p Coroner C Pro0 e-ry Ctc C ACS [3 1 ed. C)R.O. C SHC 16,Reporsn4 0 e6"nY t'Pnnq 17.Do*J Timm Wr14en O Parti CAMin C Coapt.O(c ❑Manns Patrol R. Ingersoll ❑ 19.Approving Su V+ (Prir,q N 29.$up+•leo. 21.Oesc OAM S (F1e+!1/59) 0143 Ntariinez. Cali forr­ 9553-0039 1.DR N4— Z 7�4 3,C_rU.M4/CftA.WJ,,Uo,, DO LUA 4 1 , 14 a �e�_ 195-10679 ........ I Assault w/Deadlv Weaoon =Dezger, Bridgette Jessica 4-Dau T�-95 27114- 9-­/ Location of Occurrence to.SU&POClName e(L.F.M) 222 Anderson Lane Martinez Hornbprn erger, Anthony Louis Irno0unded,NoCoywrod,Found,Lm Sw4n-Ram Number,ArUcie,Ousntfty.Brandl LUk*/VL&nvf&CUoirr'&Mo"Number,Soria!Number,Miscollan&ous C., wrwv Texan.YUJUS,Incivo.4 TOW Loss-UST w FOLLOMNG ORDER A)Currency.Naas;Si Jeweirr.C)Ooming.Furs;0)Whiclag:E)Offtg Eoul0m*mt:F'. G)Firearms:hl K6u*4hoid Cooas*,4 Misc. 12.PAWovew Pnx>vrfy S with a gun at 222 Anderson Lane in Martinez. Deputy Mahoney said his position with the tea.-n a Designated Marksman and it was in that capacity that he responded to the scene. He said he was dressed in green camouflage fatigues and carried a Remington Model 700 bolt action .308 caliber rifle (personal weapon) loaded with Federal Match 168 grain boat tail hollow point .308 cartridges. He said he also carried his personal sidearm, a Sig Sauer P226 9mm pist-o'i loaded with Federal 147 grain 9mm cartridges. Deputy Mahoney said he does not wear glasses c contact lenses. He said he arrived at the scene at about 2145 hrs., and met with Sergeant M. Chertkow(SWAT). Sergeant J. Fuiwider(Patrol) and Deputy M. Dahlstrom (SWAT). He said Serge-ant Chertkow told him that the problem involved a child custody dispute and there was a white male in the house with a child. Sergeant Chertkow also told him that the subject's wife was next door drawing a floor plan of the house for them. SergeantFulwider told them that there was reportedly a shotgun in the house and someone said they saw the subject arm himself -Sergeant Fulwider said he tried to get into the house, but the subject slammed the door on'his thumb. He also told them that Deputy Ortiz (Patrol) was covering the house in front and Deputy Campisi (Patrol) was covering the rear of the house. Deputy Mahoney said that Sergeant Woolard (SWAT Assistant Team Commander), arrived shortly afterwards and assigned him to-go with Deputy K. Ryan (SWAT), his observer, to relieve Deputy Campisi at the rear of the house. He said the Command post was being set up as he left for his position, about 20-25 minutes after he (Mahoney) arrived. He said they met with Deputy Campisi in the back of the house. Deputy Campisi was on top of a shed at the rear of the house and when they moved from that position, the subject looked out the bfinds of one of the back windows while they were moving. Deputy Mahoney said he didn't know whether or not the subject saw them at that time. He said he set up their position fifty yards straight back from the house on a hillside near a tree. He said Deputy Campisi was requested to return to the front of the house to show other team 05 CC CDA []OE [3L Co CSR CV Ckvvsst *on Cy1ca rINarcotca C.)-j" 0 corc mprop"CiL CA= CIMW1. CFL0. FiSHC Ia.Aoportnq Deputy(Pent) 17.Date t Time Hoiden mparrot captain CcompLOto- [3mann Patrol R. Ingersoll t 12.Approving supe (Pring 20.sup%No. 21.Dan 22-P. FOfW 8 (AVY.1/a9) 0144 00 3 4.Detail :7D-1L)b79 Assault w/Dead1v Weans b. V,cam �A S, F,kA) 7.Dote On PwrporI Erno"No. ornbe—rger, Bri,,6ette Jessica -4-1�-95 27114 I �F. s—s/ Lor-ation of 0--currenre 10.Suzoeti'%Karne(L.F.m) _r -nberger, �ntI 222 Anderson Lane Martinez HorEge , Anthony Louis 11.Property DO&C"on: hnpour4vd,Recoywed.Found,Lo4l,Staten-hewn Nurnb*?.Articia,Ouaney,8e&nd1VAke1M&Aw(aCtufvr'S Mod-*1 Number,Serial Number,MaceaRnoovs C'. Where TsJtsr,Wv%,Jnc4ud4 Tout Lo"-LtST IN FOL LOWWG OADEP,A)currency.Notw B).i*weiry:C)Clothing.Fun:0)Vwhiciet:E)Office Equipment:r- G)Fk*Anra:h)H6~etold Goons:Q Misc. 12.P.0cDV*rVd Prop"3 members to the rear. Deputy Mahoney said the terrain put them on a level even with the top o� the back windows of the house, with an industrial complex behind them. Once they were in place, he said be stayed there, switching back and forth off his rifle with Deputy Ryan because it was hard to keep his eye to the telescopic sight due to the difficulty of their position. Deputy Ryan had a pair of binoculars and the portable radio. He said he used-his SWAT team call sign which is 1022 while on the radio which was tuned to Channel 5. Once in position, he said they could see the-subject in the rear windows, with a shotgun. He s-WiCi there.were three windows in the back and all were ht-up. Two of the windows were covered blankets so he could only see shadows when the subject moved behind them. One of the window~ had blinds which were turned so that they could be seen through. When the subject moved behlilnz' this window, Mahoney said he could see him with a shotgun pointed up in the air. He said he never saw the subject with a child. At one point, Deputy Mahoney said Deputy Ryan left the position briefly to retrieve Deputy Mahoney's backpack which contained other equipment, from a different location. While they were at the back of the house, Deputy Mahoney said they could hear radio traffic fT o rn and between other team members. From the negotiators., he could hear that the subject wanted to talk to his pastor and blarned his ex-wife for molesting their child. They said he wasn't going to let it happen again. He said he could hear other radio traffic from Deputies Dahlstrom and Daniels who were positioned out front-about when they saw the subject. Sometime after 0030 hrs., Deputy Mahoney said he heard radio traffic from Deputy Daniels, stating that the little girl was on the front porch and the subject was also outside with the shotgun. - He said he heard Deputy Daniels say that the subject put the shotgun down and then that he had the shotgun again. Deputy Mahoney said he then heard a single shot. He said this occurred about three hours after he had arrived at the scene. He said they stayed in their position in the back until they were given an order to move, possibly by Sergeant G. Gilbert (SWAT),'their team leader. He said.the order to move came about 10-15 ► IA.0ixVjbVUon Aouisng 08 MC [30A [DDE CL [DO rl SR V 0kW*8*9&*on [3ycs ONarcotcz [DJUV CDcororw [2Prop"Ck. [IAGS [31M*1. [3Flo. [3SHC 16.Reporting Deputy(Pant) 17.Oat* Time-Atiten R. - _�o Ingersoll _9_� f f.J 19.A0proying SQVv.(Print) 20,Supw.No. 21.Data 1 22- FOAMB may.1/89) 0145 §j� Martinez California 9W 10039 7) 3 HR3 1. CnY cic�_ 3 OR 140 '95-?10,619Cen Assault,�,WDeadly eaDon 6.Vt=m�t A N F.M) 7.od'U oy we No. or-ribe--ge r Bridgette Jessica 4-T�'-95 _7� .27114 T A44—s/ I=a t ion of '0ccurrence t0.Susoocfs NArn4(L.F.M) 222 Anderson Lane Martinez Hornberger, Anthony Louis 11,Prop"006crtPlOm del Nurnbw,Sofiaj Number,Miv�taneou%D*%Cxj�! jm�undcd,Xwzywed.Found.LostSU>J*n.hem Number.ArUcia,Ovantry,Brand/MAke/Ma MU(SCIUrer's MO wrwe Taken,V*Jue,1ncJuo4 Tout Lou-LIST IN FOLLOHING ORDER:A)Currency."M B)jeweir-r.C)Cloming.Furs:0)Vehicles;E)Oft*Eoviorroent:F)Ra:: G)Fir"mv;HI P�6tssehoad Goods:1)Mist:, 12.Roc-ova ftop"S minutes after the shot was fired. He said they went out front by way of Arthur Road and met the rest of the team in the front yard of the scene. He said he saw an ambulance on scene and fire department-personnel were working on a subject on the porch. He said there was no conversation about what happened and as soon as they were assembled, the team moved to the command post at Anderson Lane and Arthur Road`. He said they were told not to unload their weapons or change equipment. He said they were told just to. put their weapon on safe and return to the Field Operations Building. He said Sergeant Woolard checked his .308 rifle, but not his pistol. After that, he said he was sequestered at the Field Operations Building with the rest of the team until they could.be interviewed. Deputy Mahoney said he never heard any outright threats from the subject while he was in back of the house and never saw the subject point the gun at anyone. We concluded the interview with Deputy Mahoney at 0446 hrs., and he was released from duty. At about 0503 hrs., Inspector Leary and I interviewed another S.W.A.T. team member in my -view was audio tape recorded and the following is a office, Deputy Alan Burt. The inter e c paraphrased summaof the interview (refer to tape p recording for exact language). 'In response to standardized questions, Deputy Burt told us the following information. He said he - has been with the Contra Costa County Sheriff s Office for almost twenty years and is currently assigned to the Patrol Division, working day shift out of Valley Station with Friday and Saturday off. He said he had nothing to drink that day. He did not take any prescription or non prescription medication. He does not wear glasses or contact lenses. He said he was home in bed about 2130 hrs., but not asleep when he received a page from Sheriffs Dispatch in his capacity as a member df the S.W.A-T. team He called Dispatch and was told to report to the Field Operations Building. He arrived at the Field Operations Building at about 2150 hrs., to load the SWAT van and met with Sergeant G. Gilbert, his team leader. He said Sergeant Gilbert gave him a briefing of the incident and a rough sketch of the location. He said he was aware there was a child inside the residence. 05 MC MCA CDE ML C)O C3SR MV M JVv C]Coroner ❑Property Ck. rACS ❑Ir"L CD R.O. ESHC I&Aeooang Depuiy(Prnt 117.Date Trne vrrnz R. Ingersoll -5- rL.40 P=ci Capuin Q:.�Ofc- Manrw Pit"I Apbroving Suqv.(Print) y 20.Supv.No. 21.Debt FORMS 4146 2.C A.Dowl 1. iL.Da e 95-10679 Assault w/Deadly Weaooi. Z 1.3b IL VIMMa(L F,W) 7.Cate 0 & Erno4oy-*No. �torant>eerger, Bridgette Jessica 4-T4�-95 27114 v.A4d—,/ Loca t ion of -&--currenre 10. SUU>&Ct"I Name k.F.M) 222 Anderson Lane Martinez Hor-nberger, Anthony Louis ___ I.Prop*rry 0*4Cr4"0gV hnpoundt-vd,PWcovvrod.Found.LM Sw--hem Number,ArtiCiq,Ouantty,Brand/J*k&kv/M*nU`lACM*f*11 moct*Numb*(.Serial N—bef-Mi-4taneous nom,,_ Where T&Awn,VaJua.helude Taut Loss-UST IN FOLLDMNG ORDER A)CLwT&ncy.N04W B).}ewvlrr.C)Owning.Furs:0)Vehiclat:E)OffsCe EQUipm*nt:F-, G)Fle"Mis;HI k6uwahokl G0*09:0 Misr. 12.P4czvarva Pm"-?Y 3 Deputy Burt said this was of concern to him in particular because he is assigned as a chemical agents grenadier and carries a 37mm grenade launcher as well as a Heckler and Koch MP-5 sub-machine gun and his Sig Sauer P226 9mm pistol. He said his call sign on SWAT is 102 1. Deputy Burt said that once they arrived at the scene, he was assigned to the perimeter of the scene on the right front of the house, in the yard next door, as seen from the front. He said ,Sergeant Gilbert, Sergeant Newman, Deputies Gordon, Wright and Bradley were with him. He said that from their position at the right front area of the house next door to the subject's house, they couldn't see the whole front of the house without exposing themselves. He told us he had his 37mm grenade launcher loaded with a rock maple "knock down round to disable the subject if necessary, but the distance was too far (about thirty feet) unless the subject ran towards their position. He said he didn't have a clear view because he was looking through a bush. He said he could hear the Designated Marksmen on the radio giving an ongoing narrative of the subject's actions. 7 Prior to the shot being fired, Deputy Burt said he moved to the extreme left of the house next door (same house on the right.side of the subject's house), near a yellow pick up truck. He said he could see the porch stair railing at the front of the house, but not a clear view of the porch area 0111 itself. From this position, he was still looking through the bush. He said he could hear Deputy Costa, one of the negotiators, talking to the subject, but hewas unable to hear exactly what was being said, most of the conversation being unintelligible*to him from his location. He said he didn't hear any screaming or yelling by the subject. He said he couldn't see the little girl at all, and he could only see a shadowy silhouette of the subject from about the chest up. Deputy Burt drew a sketch (attached) of his location. He said he heard one shot while he was at the-corner of the house, but he didn't see the muzzle blast. He said it sounded like the shot came from out front. Immediately after he heard the shot, he charged the house because there was movement at the front of the house and everyone else was moving in that direction. 1,44 0iw.Z. Ii.A=iuonat Aovilnq B CC QDA n DE [DL CO CSR CV MkWeatigaton c3yca [3K*r=0CX [3JVV [3c4rorw CProperty Cie. [3A= []Imall. CRO. CDSHG 16.Reporting Deputy(Print) 17,oat* Torn"sten -q S' r)-40 CPan Captain 0 Coapt.Ole- C3 tAann*Parol Ingersoll 0 otrw 12.Approving-IWPV-(Print) 217.suqv.No. 21.DOW FOPJA 8 (FWY.1/89) 0147 A Data,I1 Assault WLD�Ilv�je�ar` I 2, F.w) N"No torno-eerger, Br- 7.Dau P.Woort 27114 , ette .Jessie 4-1 -95 Location of -C--currenre 10.Suit.0oct's Name R.F,M) 222 Anderson Lane Martinez Hor-nbe—rzer, Anthony Louis 11,Prop"004=MCC. IMP010060d.PACOYWO41.Found,Los%Sw4n-Ks-Number,Anii:Jit,Ouairiiriy.8e*Ad/IoUkV/M4rQ1aCUjrvr*1 liolo"N;JMbV.S46AINWrlber. wrwe T&xer%.VW%^)nCjuo4 Total Lcr"-LrST IN FOLLOYANG ORDER:A)CLKTOOCY.NCHOC 8)J*W*lrY.CI 00MIN.FvM 01 Vehiclex:E)Offics 0)Fieaarmw:hl k6u&ohoid Gows:I Misr- r. He said he saw a white male lying sprawled out on his back on the front porch with his head pointing in the direction of the front door. Deputy Burt said Sergeant Gilbert was attending subject. He told us he didn't hear the subject say anything and someone, he is not sure who, t& -- the little girl away from the scene. Deputy Burt said he entered the house with Sergeant Newman and some other members of the SWAT team.'They searched the interior of the house for any other people, but found no one inside the house. Once the house was secured, Deputy Burt said he stood around for about twenty minutes until he was released from the scene. He was sent to the Field Operations Builc"L:-. and sequestered by Sergeant Gilbert, Sergeant Woolard and Lieutenant Coggan (Patrol). He sz_: Sergeant Gilbert and Sergeant Woolard checked their weapons at the Field Operations Building. Inspector Leary asked Deputy Burt if any photographs had been taken of him in his uniform and he said no. Deputy Burt was wearing black BDUs (Battle Dress Utilities) with a vest holding 37mm rounds. We ended the interview with Deputy Burt at about 0533 hrs. At about 0624 hrs., Inspector Leary and I interviewed Sergeant Rchard-Wc',olard, the Assistant Team Commander of the SWAT team. The interview was audio tape re--orded and the following is a paraphrased summary of the interview (refer to tape recording for exact language). Sergeant Woolard gave us the following information in response to some standardized questions. He said he has been with the Contra Costa County Sheriffs Office since 1980. He is currently assigned to the Administration Division in Internal Affairs. He works day shift (0800 to 1800) with Saturday and Sunday off. He said he responded to this case in his capacity as the Assistant Team Commander of the S.W.A-T. team of which he has been a member since 1991. He said he Dispatch between 2115 and 2130 hrs. He said he had received a page to call been out with his Sergeant O. Andersonsocially at the time of the call and had consumed two beers partner, Serge , m between 1845 and 1930 hrs. Sergeant Woolard said he is not taking any prescription or non prescription I-ription medication. He said he does not wear glasses nor does he wear contact lenses. During this incident, he said he used his SWAT call sign which is 102. IA.Distribution I&Awitionai Aouiing sy 178 DC DDS. [JOE EDL DO DSR [3V []via$ [3Narcotics' MJVV Mc*.orw []PttsD+r!/ CX C3ACS [31moll. C3FLO. OSHC 16. Depvtf(Pnnt) 17.DateTime Vwill- OP=01Carftin [30omipt.oir- CMannoftraj r7ngersoll 00ew 19.A4KV*V4r09 SJpv.(Print) Zd.Supv.Na. 22. -�JIORM a (P.1189, 0148 I'd L -,% r_i.:Civn_i T Jr1tSlt-r J UtYAK I f �j ( goo7ooQtJ S�peJ.en.nrai ) P.O. sox 391i`Martinez- California ..039 Q HRo 7- OR Oft Na. - 2 Cay�a �.GnmerCte.aariKauor A. D.0i z4Da 95-10679 Cen Assault W/'De.adly Weapon is 2.56 6.Vrcam .i N F.M) 7.Dsu On .P-Dori 6 EmOoyae No. ornoerger, Bridgette / Jessica 4-1�-95 27114 0-Aw--/ Locat ion Of -Occurrence 10.Susoecfs Name(L.F.M) 222 Anderson Lane Martinez I Hornberzer, Anthony Louis 11,Property Oeacnpson: Impounded.Fiacavera .Found.Los.Sw4n-hem Number,Article,Ouanttty,Brand/Make/Manulacturer's Model Number,Serial Number,Miaeeltaneous DeY Cl puc- Where Taira value,hcJuoe Total Loss-LIST IN FOLLOWING ORDER.A)Currency,Naas;B)Jewelry,C)Ganing.Furs:D)vehicles:E)ONrca Equipment:F)Rad.c G)Fireamu:K hfbusae0d Goods:Q Mum 12.Reco.a-ed Roperty S He said he called Dispatch after he was paged and was told that there was a barricaded subject who was armed on Anderson Lane in Martinez. Dispatch further advised him that the subject had his five year old daughter with him. Sergeant Fulwider, according to Dispatch, was at the scene and had spoken to the subject, but the subject wouldn't let anyone from the Sheriffs Office into the house. The subject had said he would-talk to the Highway Patrol or the newspapers. Dispatch also told him that there had been a custody dispute over the girl between the subject and his wife earlier in the day and the wife was concerned for the child's safety. There was also supposed to be narcotics use by the subject and he was either high on the drugs or coming down offthe drugs. He said he was told that there was also supposed to have been some domestic ;J violence earlier. After receiving this information, Sergeant Woolard went to his residence and obtained his epuipment. He said he went straight to the scene on Anderson Lane and arrived at about 2145 e. hrs. When he arrived, he said he saw Sergeant Fulwider, Deputy Campisi and Deputy Ortiz. He said the California Highway Patrol also had some omcers on scene for traffic control. He said-he saw Deputy McKeand at the scene sometime later. He told us that some of the SWAT team members were on scene when he arrived. He said Designated Marksmen Deputies Mahoney and Dahlstrom were on scene and he also believes Sergeant Chertkow was on scene as well. He said he spoke to Sergeant Fulwider who briefed him on the events. He said he asked Sergeant Fulwider if the subject's wife was on scene and if there was a floor plan of the residence to aid them ir they had to make entry. He asked who was on the perimeter of the house, where they were located and what crimes had been committed up to that point, etc. He said Sergeant Fulwider told him that he had Deputy Ortiz at the front of the house and Deputy Campisi at the back. He said Fulwider told him where the subject's wife was (second house on the right from Arthur Road) and that she was drawing up a floor plan of the house. Fulwider told him which houses they had evacuated.. Fulwider initially told huh that the detail was a Welfare Check, but. about twenty minutes later, after talking to the wife, Fulwider told him there appeared to have been an Assault with a Deadly Weapon (245 PC) and False Imprisonment (236 PC). la,Drstribubon 1 Aocruorur uurifl OB CC ODA ODE ❑L 00 SR C r ❑tr+.sst►gatton C Yee ❑NWcatJes c,)u,r C Coroner ❑Pr0W?y Ck O ACS Olmail. C]R.O. O SNC 16.Reporonq Deputy(Pnnt) 17.Dau/Time Mitten ❑P=0I C.at;in C)CompLOlm OMann.Pzr W R• Ingersoll 5=L -9E ElOtt+er t0•dao-ing Sup..(Pring 20.Sup..No. 21.Ogee I` FOFtM 8 (F4Y.1/89) 0149 max..j,&1,,Mar1ihez. uzitiornia 'S3-0039 :;� " , � � ..— r❑HR- NO Z C- % C /-44_)a W `95-10-679- Assault w/Deadlv Weaocn 2* /-�b 6.Vtctrn .,a CL F.M) Date Ong.Rep el 8, Emooy"No. l ornc>ezzer, Bridgette f Jessica 4-19-95 27114- Q.A4dr94&/ L,oc,ation of 0--currenGe 10.SU&D*cl*s NA"a-F.M) r. 222 Anderson Lane Martinez Hornberger, Anthony Louis 11.Prop"CV&Crwoon: trnpovndird.PAcoywecL found;Loot Stolon-11arn Number.AiVele.Ou&nery,Stand/VAka/VL&nv(actur*f*s Mod*Number,Serial NL"bet,Mjs.d Jxn"Us 0."%:, Wrwe Taken.Value.hcJuo*Total Lou-LIST IN FOLLO"NG OROEFL A)C6;rT&nCy.4CKSW 8)J*w*1rY.C)Clouting.Fvrx,0)VehIcies:E)Oft,E400ment:r) G)Firsanra-,hJ H6,*&ho(d Goods:0 Misr- Iz.P.W.,ovo-ed prop"S He said he set up the command post at Arthur Road and Anderson Lane and the SWAT van with the main part of the team arrived at about 2230 hrs. He said he believes a house on the comer of Anderson Lane had a working telephone and the resident told Sergeant Fulwider they could use his telephone if necessary. He said he had Sergeant Chertkow contact the subject's and obtain the floor plan to the house. He then assigned Designated Marksmen Dahlstrom and Daniels to cover the front of the subject:_ house from about 70 yards away. Designated Marksmen Mahoney and K. Ryan went to cover the back of the house- about 40 yards away. He also sent Deputies Forsyth (SWAT), Deanda (SWAT) and Sergeant Chertkow (SWAT) to the back as an arrest team if the subject gave up. The relieved patrol personnel were sent back to the command post. Sergeant Woolard said that he had also asked Dispatch to have a negotiator respond and Deputy Costa arrived about the same time as the main SWAT team. He said he gave the.floor plan Sergeant Chertkow had obtained to Sergeant Gilbert, one of the team leaders, and told him to give it to Sergeant Newman so he could set up a entry plan if it became necessary to enter the house. He then had Sergeant Gilbert make up an arrest team which consisted of Sergeant Gilbeft, and Deputies M- Baeta, D. Brown and C. Thorsen. Sergeant Newman's entry team consisted of Sergeant Newman and Deputies D. Gordon (SWAT), G.Wright (SWAT), A. Burt (SWAT), R- Bradley (SWAT) and possibly another deputy whose name he didn't remember. He said his-orders, up front, to the teams was that it would be a wait and see issue with the subject. He said they would be using the negotiators to get the subject to surrender and get the girl out. He said they were told it would be a standard barricaded subject routine, i.e. set a perimeter, contain the subject and negotiate. He said there was no order to shoot which is called a "Delta" order. No Delta order was given azzording to Sergeant Woolard. However, the standard Department shooting policy was still in place, i.e. shoot in defense of yourself and others if their lives are in danger. He said he did ask the Designated Marksmen if they had a clear view azd they responded that they did have a clear view. IA.Owmbvuon Ii.A4cuuonal Aoutiig 08 0 C nMA C]DE [D L C3 0 [3 SR n V E3*ft%6*g6a60n [3 Ye,* [D NVf=6CZ f JVV rJ C*r*CW CDProp�ar,yC% []ACS 01m*1. [3FLO. OSHC Is.Awoomnq Npurry(Pnno 1 17.Do 17. VOrten J R. Ingersoll' �Wfr C)orw 19.Approving SuPy.MhnQ 20.Sup,.No. Ostc FORM 8 (FWY.1/$V) I.OR No. 2-CMY C4 1 7- 95-10-579 Cen Assault.w/Deadly Weaoon 2* L-�E IS,V=m s(t, F,W) T.C*to or�.Pwr" No. M01-=Zger, Bridgette Jessica - 4- -95 27114 10.SuumPO's Name(L.F.M) 9-A-w—a / Location of Occurrence 222 Anderson Lane Martinez Hornc>erger, Anthony Louis 11,Prop"Deocnoii— lm,pour4ed,Roc&,wpd,Found.Lost Sto4n-item Number,Articlo,Ouanfty,Brand/Make/Manvlactutef's Model Number,Serial Number,miscellaneous Dmrzcrtcll::. Where Taken,Yajua.Include ToW Lo"-LIST IN FOLLOYANG OROER:A)Currency,Nolec 8)Jo-eery,C)00thing,Furs;01 VOiCiOl:e Olfts EQuiPrnent:F)Fkao,c G)Fir"mric;M k6u&whoid Goods:q misc- 12.PAC.Ova Prop"S Sergeant Woolard said all the negotiators (Sergeant Carpenter, Deputy G. Arroyo, Deputy Costa) ,except Deputy B. Reynolds, showed up and two brand new negotiators were present for the experience, Deputies C. Mould and C. Kay. He said he sent Deputy Costa back to the command post when the rest of the negotiators arrived, but later sent him back to the area of the subject's house with a portable telephone in case there was a mechanical communications breakdown. Sergeant Woolard said the subject did hang up on them at one time, but it was a mutual agreement to take a break. and they later called him back and resumed negotiations. Later on, the. subject broke off communications with the negotiators. He said the negotiators were giving him (Woolard) intelligence from what the subject told them, such as he had put the girl down and she was asleep, that he had a gun in his hand, that he had a remote-telephone with a long cord. He said this was an issue because the Designated Marksmen were reporting that the subject was all over the house. He said their radio traffic was conducted on Sheriffs Channel 5. He said that about an hour or so after negotiations had begun, the subject started.coming tothe, front door, coming out and then going back inside several times. These movements occurred with the subject having the shotgun-and also without the shotgun. At one point, the subject came out on the porch and smoked a cigarette. He also came out at one time with the shotgun and the cud. He said the subject then went back inside and got on the telephone with the negotiators and told them that the reason he did that was to show them that the girl was okay and to spot their positions. He said these actions occurred over about a thirty to forty minute time period. Sergeant Woolard said he relayed this information to the team over the radio, the same as he had with other information he obtained from the negotiators while they were talking to the subject. He said he could not see what was going on because he was Several houses away from the subject's housi-, in the command post motor home, which includes the negotiators station. IA.Otmjbwoon 1.6.Azoitional Aou"g [35 CC [IDA COE CL CO CSR [D V [3kW"s*;;AVon [3V.C* CDNVr=ti,--s [3JUT mcorarw - OProperty Ck- [DAC-S []IM&IL C3FLO. C]SNC is.PAPPorong (PnnQ 17.04t* Time`Mitten ❑patrol Captain rl compl.o1r- r"I manse Patrol R. 1ngNe9rv1sYo11 5� 0 orw 20.-cj;"-No. 21.Cate FORMS (Rev.1/39) 0151 44fa�e � Weapon 2. Lib 6. VL=fn F,W)rg -adly WeC. PoI EmN*� �t6r-nbeer, Bridgette 7. On Jessica pon ooy— 271-1,4 -9,Azdr"*/ Loc-ar-ion of Occurrenre N.&M-0(t-F.M) 222_Anderson Lane Martinez Har-riberger, Anthony Louis knoourw6vd,PAcovw@dL Found,Lost Stolon-norm Number.Article,Ouantrty.86r&nd/Wko/1A&hV1&CU0$f'1 k4o"Number,Soria)Nurnbof,MiLcolumaouz pest;- WhWa T&X*(%,YZJVQ.)MdV64 T01.11 LO"-LIST IN FOLLoo#ING O;toeR A)CLoTency,"ac;8)Joweirr.C)Clothing.Funs;0)Whici":E)Om"E4ulp"Mc F)P, 0)Firaarma:hl H6usohold Goods:Q Misr. t2.Rec-overvo PTOP"S He said his information came from various team members around the house and from the negotiators and he would relay what he heard both to the negotiators and to the other team members around the perimeter. He told us that Deputy Arroyo was conducting much of the negotiations over the teldDhone.and---- at one point actually talked to the little girl once when she picked up the telephone. Arroyo had tried to talk her into coming outside and-told her "Mike" (Costa) was by the truck and she should talk to him. Sergeant Woolard told the people on the perimeter that the little girl might come , outside and if she did, only Deputy Costa was to talk to her. He said he was getting information that the little girl was coming out onto the porch within six feet of the door and then going back and forth between the porch and the house. He said he also heard that the subject was coming out both with the gun, without the gun and moving the gun around. He said the information coming from the Designated Marksmen was now starting to come in almost constantly. He said he believes this increase in radio traffic and the increased�e-d activity from the subject was about five minutes before the shot was fired. He said, heneverheard anyone saying over the radio that the subject was pointing the gun at them, but there was traffic about him moving the gun up and down. He said he couldn't see what was happening, so he didn't know at what point someone might feel the attitude of the gun was threatening. Sergeant Woolard said he heard one shot which surprised him. He said he at first thought ane of the Designated Marksmen had taken a shot. He said he radioed to the team members, asking if the shot had been a "Delta" shot. He heard someone say no, it wasn't a "Delta", it was a bean bag round. He said he also believes that Sergeant Newman radioed that it might have been self inflicted and his own gun might have discharged and hit him in the chest or shou.1der. A? He said he saw the SWAT team charge the house and he saw someone ( a team member) grab the little girl and run towards the Command post. He said he could see through the front window of the command post which was facing down the street towards the subject's house. IA.CksVibuton IS.Aadluona!Aouung OB []C C)DA [DOE [DL 00 [ISR [3V [3knvas ton MV;00 [>Wcodcl []ivy clConor w OProp"Ck C3ACS []1muWL [DR.O. CISHC 16.Repomng (ftnq Tiens Vvtiu*n Aft opavol Captain [DCoavLO1r- D1Aanmfttrol Ingersoll 9-5 /3-4-o R. In -�13 12.Approving SwVv.(PnnQ 20.Supy.No O4%e FORM 8 (Rey.1189) 0 �ASvao+ert+entai r• a =x ,iyl MarUnt'w: (•;Slllorrl i Z"-;'; '•:`UJS C3 HRo t.DA No. 2 Cry Cori ].Crvna/C1aaa,l,cal,On A. Devil z 4 D a 95-10679 Cen Assault Q/Deadly Weaoon I is 6.V,ctm a(L F.M) 1.Dau On .Ra9or1 S. Emoloyw No. hornoA_rger, Bridgette / Jessica I 4-1�-95 27114 - O.Aaar"&/ Location ofOCCL?rren�e 10.Susoecl's Name(L,F.M) 222 Anderson Lane Martinez Hornber er, Anthony Louis 11.Property DearstptorL trnpounded.F.aenvarad.Found,Lost Stolen-ham Number.Articla.Ouantltty,&and/Make/Manutacturer's Mo"Number,Serisl Number,Miscellaneous DeserioUM Where T&Asn.Value,Include Total Loss-UST IN FOLLOWING ORDER:A)Currency.Note<8)Jewelry-.C)Ooming.Furs;D)Vehides;E)Otho Eaulpment:F)FRad,o.-j, G)Firearmt:H)1'~&j"6old Goods:0 Misc. 12.Recovered Property i He said this occurred after it had stopped raining, because it had been raining on and off until that time. He said he left the command post, leaving Deputy Houle there, and walked up to the house to see what happened concerning the shot which had been fired. When he got to the scene, he saw the subject lying handcuffed on his backside with a substantial wound to his right chest/shoulder area. He said he felt for a pulse, but didn't feel one. He said someone took the handcuffs off, Deputy Thorsen he believes, but he can't be sure. He saw a shotgun laying down on the ground in front of the porch with two rounds on the ground. He said the shotgun looked like a semi-automatic with the bolt locked back. He said he spoke to Deputy Thorsen who told him that someone said to get the gun and unload it. He said he moved the gun away from the subject and then unloaded it. He said he spoke to Sergeant Gilbert and asked him who shot. Sergeant Gilbert told him Deputy Baeta shot. He said he looked over at Deputy Baeta and asked him if he was the one who shot and Deputy Baeta either nodded his head - or said yes. He said he didn't ask why the shot was fired at that time. I asked Sergeant Woolard if he checked the weapons of the team members as part of his duties He said he did in fact check all the long (primary) guns of the team members at the Field Operations Building. He checked to see if each gun had been fired and what they had been loaded with- He said he made a list of each weapon and who had them: He said after checking each of the weapons, he determined that no one except Deputy Baeta had fired their gun. He said he made a List and will provide it to Sergeant Celestre for this report. He said he sequestered Deputy Baeta in the lounge at the Field Operations Building with Deputy Campisi and instructed the rest of the team who were sequestered in the training room not to go in the lounge or talk to Deputy Baeta. He said he did ask Deputy Baeta how he was doing and he said he was fine. Sergeant Woolard said he had all the long weapons locked in the armory and secured the box that contained the bean bag rounds in Captain Gackowski's (Patrol Division Commander) office. He said there was no discussion about the incident while they were sequestered to his knowledge. u.DsaiDcroon 1L.Aod,tonat urig L]B ❑C [3 0-k [3 DE OL 00 nSR []V D k,re.agat on 0 vibe ❑Nareodcs 0 Juv 0 cerarw ❑Proq,erly Ck [3A= [3InaIL (DR.O. [3SHC 16.Reooreng Deputy(Pant) 17.Date/Time Wriaen ( 18.C. C3 Pam caps.in 0 compL 01c. p Mann.Pawl R. Ingerso 11 5-�-3 -9> Z-` Cl orw 19.Approving Suer.(Pnnt) 2a.supt.No. 21.Date zz.P, t : FORMS (Rev.1/89) 0153 0154 - "' 2a P 95-10679 Cen Assault w/'0ea81v '�eaoon _ II 1.c 47 6,Viczm j N F,M) 7.Coto Ong.PwrPOM a.Emo4oy—No. �tornberger, Bridgette Jessica 4-19-95 27114 ,v-Aw—/ Location of Occurrenre10. -i*s Nemo(L.F.M) 222 Anderson Lane Martinez I Hornberger, Anthony Louis I I.Pro*"006c"ort: trnpounded.Roc*Ywod.Found,Lost.Stolon-nom Number.Anicia,Ouantity.Brand/IAako/Ma nuisctutof's Mod*Number,Sorial Number,Misc*Lanoous Dnrr,oum,Lozz Wtwa T&xm,.Volvo,Includ4 Tow Loss-LIST IN FOLLO"NG ORDER.A)CurroncY,Notal 6)joolry;C)Owning.Furs:01 Vohicj*4:E)Ofto.Uutoment:F)Radio.rvL. 0)Fir"nna;MI k6u**hold Goods:Q Misc. t2.Racovond Property: He said the box containing these rounds was kept on the "crash cart" with other equipment in the armory and the equipment on the cart is transferred to the SWAT panel truck when they respond to a.call. He said the box was in the side panel truck when he retrieved it before putting the box in the Captain's office and the truck is kept locked during incidents. I asked Sergeant Woolard who set up the box containing the Stun Bag Rounds. He said he believes Sergeant Gilbert set up the box and he (Woolard) put the label on it in the gray duct tape to the best of his knowledge, but he said it is also possible he set up the box himself. He said they take the responsibility of keeping the armory stocked. He said the team trains once a =nffi in a structured setting and he is responsible for setting up the training. He said he has had Basic SWAT training and Hostage Command training, Firearm's Instructor training, Supervision training and he was a Field Training OfEcer both in the Jail and on - Patrol. He said the whole tearn-trains with the hostage negotiators about once a quarter. Inspector Leary asked Sergeant Woolard who has authority to issue a "Delta" order. Sergeant -, Woolard said that the Team Commander has that authority and he was the acting Commander at the time of the incident. He said the individual team members have the authority to take action. according to D-epartment policy regarding immediate threats to lives, including their own without a "Delta" order being issued. He said the Incident Commander is the Senior Patrol Supervisor who was Sergeant Fulwider until Lieutenant Coggan showed up at some time during this incident. Sergeant Woolard said he was the Tactical Commander: He said they work together to resolve these incidents. He believes Lieutenant Coggan invoked the Protocol. In regards to the neighbors who were evacuated, Sergeant Woolard said he had no idea where I they were Sent after they were evacuated fromtheir homes. The interview was ended at 0718 hrs. 14.Duaribuoon IS.A001uonai uriq 05 CDC [30A [306 [)L [30 []SR [D V C 11�*OA [3 Yg:,& C3 NAIMOOC3 0 JU-1 0 coroner 0 Prtv"ck. [3 A= C3 IM*(L [3 R.O. 0 SMC I&A000nnQ No (Pant?nQ to I Time"roan Mft �rr— 71 trvicawin oCzampLOI ►AannoftrR. Patrol Ingersoll C]0-trw 12.Approving super.(FTLnq 20.SUW.No. 21.Dole FOR)A 5 (Rev.1/S9) 0155 I- ---"1. r_4ja W _73IS-- I ASSauL.�-,: /Deadly Weaoon 21 7.Data Ung-P.*P*n Empioyse,No. '_ v__ i'6r"n'D'e_'rrg' er, Bridgette Jessica_,., 1 4-19-95 27114 9.Andreas l Location- of -occurrence 10.Susovcl a Name(L.F.M) 222 Anderson Lane Martinez Horn'berger, Anthony Louis i i.Prop"Doscnptoru tmpwndod,Rocoywed.Found.Los-,Stolen-Item Number,Article,Ouantrty,Seand/VAke/MaruAICLuref's Mo"Number,S*rLal Numb*(,M*0*?L&n*ous oosc:., Whore Taxan.Value,Inc4uo4 Total Loss-UST IN FOLLCYANG ORDER:A)Currency,Notoc 5)J*-elry.C1 clothing,Fun;0)Vehicles,:E)Ofts EQuiwnont:F)F.j G)Fir"mw:hl 46vwlhoid Goods;0 Mist. 12.Aecovorvd ftop"3 At about 0738 hrs., Inspector Leary and I interviewed Deputy George Wright. The interview wa: audio tape recorded and the following is a paraphrased summary of the interview (refer to tape uc recording for exact language). In response to some standardized questions, Deputy Wright gave us the following irdormation. He said he has been with the Contra Costa County Sheriffs Office for eight years. He said he is currently assigned to the Civil Bureau on day shift (0800 to 1630 hrs.) with Saturday and Sunday off. He said he has b,---n on the SWAT team for fourteen months and has attended the Basic SWAT school which is a forty hour class. He said the team trains for a full day(eight hours) once a month. He said he was at home when he received the page from Sheriffs Dispatch at about 2130 hrs. He said he had been in bed about ten minutes when he was paged. He said he had nothing to drink that night and he was not taking any prescription or non prescription medication. He said he doesn't wear glasses or contact lenses. He said his SWAT call sign is 1015. He said he received the page in his capacity as a member of the SWAT team and called Dispatch. arrived at about*2200 He said he was told to report to the Field Operations Building. He said.h. e hrs. and met with Sergeant Gilbert., He said he checked to make sure the SWAT van was loaded T and then completed dressing in his SWAT uniform which consisted of black BDUs (battle dress utilities) and a ballistic helmet. He said his assigned weapon is a Remington 870 12 gauge shotgun with a short barrel, loaded with 00 buckshot and his personal sidearm is a Smith and Wesson Model 5904 (9mm). ' He said they drove straight to the scene in the Critical Incident Response van, but he did not know.exactly what time they arrived. He told us that once on the scene, they got their gear and weapons out and finished checking their equipment and loading their weapons. Sergeant Chertkow showed up with a floor plan and Sergeants Gilbert and Newman discussed tactics. Deputy Wright said his assig:nment initially, was-to be part of the assault,team with Sergeant Gilbert and Sergeant Newrnan- U.0%=ibvt*A I i.A009UCAAA AoulUiiQ 05 MC ODA ODE [DL pa 0 SR V Cl� 0- MV 0 Narcatk- 0 J- rl C 17.Dote Time Wris- 0 AM rl Ir"L 0 R.O. C1 SHC 16.Roponng Nouty(Pnmt) 0 Prc�C-l'. 2--�o 0 P= Captain 0 CQcrvt.01C. 0 Marin.Perot R. Ingersoll I 0 Orw 19.Aoswaving Suov.(Print} 2C.SVPY.No. 21,Cole A 7 FORM S (R.-4 1/a9} 0156 Z77:777-7 ,OR s�zwpprerrmma I.DR No. 2 tarty Goo J Grur,4IC* ait.cat,onh a. Deur 1 Lt+Da 'C 95-20079 Cen ( Assault wJDeadly Wear= 2. LSO ! " a.VL=m o noerger, Bridgette / Jessica 7 4 1 -°5 rt ate«27114 9.Aadr«a r Loca t ion of occurrenr a 10. wffw(L.F.M) 222 Anderson Lane Martinez Hornberzer, Anthony Louis 11.Prop"Deacripsom Impounded,PLPC0vW9<,Found.Lost,SYoWn-hem Numbe(,ArUcls,Ouanttty,8ran4ti takerManuf&Cturer'$Model Number,Serial Numb+r,MkW*' Oul Dascrt=CW Wrwa Takw%.Wive,hcluda Total Loss-LIST IN FOLLOWING ORDEFC A)Cu(rency,H040C 8)Jo-elry,C)Coming.Furs;D)Whicyec;E)Oft*Equipment F)Radro,7, G)Firaama;M k6uaendd Goods;0 MiM 12.Raco M-W Prtrper'ty f After negotiations had been going on for awhile, more concrete plans were made and his responsibility, if entry was to be made into the house, was to take up a position at the bottom left of the stairway and cover the front window in the porch area while the rest of the team made entry. He said he was then supposed to follow the rest of the team inside. This plan was formulated while they were still about two houses down from the scene towards Arthur Road. He said Sergeant Newman, Deputy Burt and Sergeant Gilbert moved forward to the next residence closer to the scene. The rest of his team was instructed to hold back which they did until he heard what sounded like a shot: He told us that he was listening to his radio and could hear updates being given, such as the subject had stepped out of the house with a shotgun a couple of times and that the lights were going on and of. Deputy Wright said he was not able to see the house from his position. He said he did not hear a "Delta" order being given on the radio. He said he heard one shot. After the shot was fired, Deputy Wright said he moved up to the house where the incident was taking place. He said he was positioned at the right front window of the house,..by some.bushes, and he covered the window, because he didn't know what was happening at that point. He said he assumed the house was still"hot", because he could see the rest of the team stacking up for the entry. He said Deputy Bradley motioned him forward and he could see a subject lying on the porch being handcuffed. When he got to the porch area, he said he was going to try to render assistance-to the deputies handcuffing the subject. He said the-subject was lying with his feet towards the street and his head towards the house. He said he didn't remember.which deputy was with the subject and he didn't hear the subject say anything. Sergeant Newman motioned for him to enter t}e house and he said he checked out a bedroom with Deputy Ba.eta. He said the house was cleared and Sergeant Newman had thein trove to the command post, then to their cars and then to the Field Operations Building. He said Sergeant Woolard sequestered them and Sergeant Woolard also checked his weapon, but not his sidearm. i<.Disaibution 1 .ACOruonrt wnQ De C DA 0 D CCL 00 C3 SR C]v ❑kWOM69aron C 00 C]NarcodCs ❑.kyr C3c4ror r Q ProW?y Ck n Acs C3IrrWL p FLO. 0 SMC 16.AeooronQ Deputy(Printf 17.Dan r Tierra tWiaen / _ C]Paani Cain C)C4MPL oIC. D Marine P=an+ R• Ingersoll S=1. , -9 /24 19.ApprwrenQ Sup+c(Prvnt) 20.Sus.No. 21.Daae F0fW 8 0:6ml/89) 0157 �• , y�.11t�Tt�'Y1tt1'`u�"'.•.4. �:{xe ..,.i,r;�:svt r ---r....r:y; ` f. _, „ . ,..� yrs r .-^ep, .�-�"-►,...._..--•,�`,•moi.$i.• tfa ^"'"..,a ...,_.. a�� �r�"�..�,"._ 'L�'. "zea -�' �"..�.+c��O{t.���=++r`Ltit+►��. �---•-�---":`� �'�``' " �� °::Y t.Da No. , [-�� a.Gr*e�Caaaa,tuuori . t.Detad195-10079 Assault w/Deadly Weapon 2. iso 6. V,cnm a(t F.M) 7.Date Ong.P-port a Emotoy—No. E orn��-ger, Bridgette / Jessica 4-1.-95 27114 9.Aoarwa/ Location of OccLtrren�e t0.SusDect'a wme ti.F.M) 222 Anderson Lane . Martinez HornberQer, Anthony Louis 11.Property Deacg0ton: tmpoundsd,PAcorered Found,Lost Stolen•Ram Number,Article,Quantity,Brand/Maki/Ma nutacture+'s Model Number,Serial Number,Msceltaneous Descrtouon. Where Taken Value.kncJuoe Total Loan•UST W FOLLOWING ORDER;A)Currency.Notes 3)J+«elry:C)0othin9,Furs;0)Vehicles;E)Orftce EOulpment;F)Rada G)Firearms;M k6ua.e6old G000t;Q Misc. 12.P4carered Ptoo,"f Deputy Wright said he didn't see any weapons by the subject when he was going into the house, but when he came back out he did see a shotgun on the ground below the porch steps with two shotgun shells on the ground near the receiver(of the shotgun). He said one of the shells was red. Deputy Wright said he didn't know what was going on and had to ask someone what-had happened because he didn't know if they had fired or what. He said he didn't know what kind of round had been fired. He thinks he may have asked Deputy Brown. He said he asked Deputy Brown if there was any blood and Brown told him yes. He told us that once they arrived at the scene, Sergeant Gilbert asked who the shotgunners were and they were, besides Deputy Wright, Deputy Brown, Deputy Baeta and Deputy Fernandez. Sergeant Gilbert asked someone to load with the bean bag rounds and Deputy Baeta said he would. He said he heard Sergeant Gilbert tell Deputy Baeta that he had the bean bags and he had a "green Light" if the subject came out of the house. Deputy Wright said he assumes Deputy Baeta loaded his shotgun with the bean bag rounds. He said he saw Deputy Baeta step into the van where the ammo cans were--but couldn't see.him loading the shotgun. He said there was--... some Light in the van, and he believes Deputy Baeta was holding a flashlight while he was loading- but oadingbut he only saw a Bight coming from the van and didn't lmow its source. We concluded the interview with Deputy Wright at 0802 hrs.. Inspector Leary and I then interviewed Deputy David Brown in my office at about 0808 hrs. The interview was audio tape recorded and the following is a paraphrased summary of that interview (refer to audio tape for exact language). In response to some standardized questioned, Deputy Brown told us that he has been with the Contra Costa County Sheriffs Office for about nine years. He said he has been with the SWAT team for approximately six months and is currently assigned to Danville Police Department (Contract) where he has been for the last five to six months. He said he is assigned to day shift (0600 to 1400 hrs) with Saturday and*Sunday off. 14.Dietribuoon 15.AooroOnal AOUu 169 pe pc ❑0A ❑0E [DL p0 ❑sR ❑V ❑knw>igason Yea O Narcotics ❑Jw 13Coror+er Property Ck. [3 ACS [3 lmaiL ❑R.O. ❑SMC 16.FA"wan9 Deputy(Punt) 17.Date/Time Vitruen it. ❑PM Caoeain O eornpL Ole p Menne Pivot R• Ingersoll 5' 17Y 2`� c oew 19.Approrin9 Suer.(Print) 20.S No. 21.Dene = FORM 8 (flex.1/39) 0158 :.�.: ......;-.i•�n .. .. � �.,y� --. n ^,L•+��. l -v_.�. 7�'',,t�� .+ l ��r.w .'i�i�fS4`i1�' ' �t�2,�tY4. Kad,'a1a:o� "L4Y?c-• -yam ��`��-'�. .�. •'Z�"FY;a^�'JH�AL���:w� �:.t�i's� �"!'n '..�`jr; �1y,•ns"n°»c�.�'.f. ' . OR No. L Cny Co.** CZVr./Cft,.l"t,6, A.Decala 95-10679 Ceri I Assault wVbeadlv WeaDon LJ0 S.Viczen .j N F,W) 7,Dau 0 .Re port A.Employee No. �tr-rnoezger, Bridgette Jessica 4-T�-95 1 27114 O-A-­ / Location of 'Occurren�e 10. Suzoocl I Narne(I.F,M) 222 Anderson Lane Martinez Hor-nberger, Anthony Louis 11.Prop"D*&Cn;ft= ttnPOundcd.A&=Ywed.Found,Lost,5to4m-Item Number.AM414.Ovanttty.Beandl MAke/manufacwtef's Mo"Nurnbef,Serial Number,Miscellaneous Dftcrlotor, Wrwe T#Aen.Value,JncJvo4 Total Lou-LIST IN FOLLOYANG ORDER:A)Currency."ec B)Jewelry,C)Clotning,Fvf%:0)Whicies;E)Of E4uiDment:F)Rada.'". 0)Firsarrns:hi k6u"noio G000l;q Misr 12.Aecj:pyerod PnDp"S Deputy Brown told us that he had two beers at about 1500 hrs. and has not taken any prescription medication. He said he takes vitamins daily. He does not wear glasses, but does wear contact lenses and was wearing them during this incident. He told us he had been in bed for about 15-20 minutes when he received the page from Dispatch regarding this call, but he was not asleep. He said he received the page at about 2125 to 2130 hrs. and called Dispatch. He said he was told that there was a barricaded subject in Martinez and he was to meet the team at the Field Operations Building in Martinez. He said he arrived at the Field Operations Building at about 2200 hrs., and met with Sergeant Gilbert. He said Sergeant Gilbert told him to load up, meaning get his gear on and get in the van. He said they left within five minutes of his arrival. He said Sergeant Gilbert told him there was a barricaded subject on Arnold Drive in Martinez. 4 Once they arrived, he said they unloaded the van and Sergeant Gilbert designated Deputy Bacta, Deputy Thorsen and himself(Brown) as an arrest team. They were to relieve Patrol Deputy Ortiz on the perimeter, to the left of a blue pick up track in the driveway. -Deputy Brown told us the_ team was operating on Radio Channel 5 and his personal SWAT call sign is 1019. Deputy Brown said he was carrying a shotgun and it was loaded with 00 buckshot. He said he wasn't given any specific instructions on what to load in his shotgun, but Deputy Bacta was told by Sergeant Gilbert to load with bean bag rounds. Deputy Brown said he saw Deputy Baeta loading his shotgun in the back of the SWAT van-. He said he couldn't see what Deputy Baeta- was loading into his shotgun, because he wasn't close enough to see and the only lighting was by flashlight, if at all. He said he couldn't say specifically if there was any light on because other team members were moving around the van, getting their equipment, turning flashlights on and off. Once they were loaded up, they checked iri with Sergeant Woolard who sent them forward with • Sergeant Fulwider. Sergeant Fulwider took them to a point to the right of the house andh wed s o them where Deputy Ortiz was stationed. 14.ChscJbvpon 1&Aooiuonai F%outing CIS CC [DOA ODE [3L C30 [36A [3V [3hVemiapason [3Vx:* rJNAr=,dCZ C]Juv [:)coorw [3 A= C]Intall. [3 FLO. C]SHC 16.A*(VrVn9 00PUTY(P-rino 17.Date Tkra VWrafn [3 P_ c4wftin []cornpL OIC. [3 Mann*Nrol R. Ingersoll [3 CV. UL 12*Approving Supe.Cl`rinq 20.Supc No. 21.Date IIZZ FORM a (RO-4 1/89) 0159 --J-7777 77 1.DR No. Z. 2.G"Coo. 1 crvn.iClaaa.IKatWri, _s- A.peu,t Cen I Assault w/De&ly Weaoon I 5.vzm .(t, F.M) 1.D■u On .R.00rt !. Emplor m No. orn�ger, Bridgette / Jessica I 4-1�-95 I 27114_ — 2-A— / Location of Occurrent e to. Suso.ct"%Name(L.F.M) 222 Anderson Lane Martinez Horrlberger, Anthony Louis 11.Property Descnpsocc hnpounbsd•Raco se—Found,Loa,Stolon-Ram Number.Article•Ouantny,&andlLuke/µanulacturer's Mod*Number,Serial Number,Miscellaneous Descrjonon. _ Where Takwr.Value.Include Total Loss-UST W FOLLOY+ANG ORDER A)Currency.No(vc 8)Jewelry,C)Clomin9,Furl:D►VeAided:E)Ott+ea FQOPrnent:F)Rade G)Firearm%:M)Flbusenoid Goods:I)Mise '12.Recovered Prop"S He said they crossed the street in order to move to Ortiz's position. He said they relieved Deputy Ortiz and took up their positions at the truck He said Deputy Thorsen's responsibility was watching the front door and his (Brown's) responsibility was watching the side door and window on the left front of the house. Deputy Brown said he was actually positioned at a flatbed trailer in.- front n _front of the pick up truck. We used a copy of a sketch showing the front of the house, the pick up and the trailer and Deputy Brown showed us his position and area of responsibility (sketch attached). He said he didn't look at his watch, but he estimated that they were in position for about an hour or an hour and a half. He said he listened to the radio intermittently because he didn't have an shoulder microphone for his radio and didn't want to turn it up loud enough to give away his position. He did say he could hear radio traffic when someone spoke louder than normal. He said he could hear information like "He's coming out again!", or comments from Deputy Baeta r� like "He's trying to re-hang a sheet or curtain in the front window". Deputy Brown said that until the suspect would come out and,show hium , he(Brown) kept..: - focused on his area of responsibility. He said he couldn't see the front porch from his location because the pick up truck blocked his view, but when the suspect did come outside on the porch, he could see the suspect's head and shoulders if he (Brown) stood up behind the trailer. He told us that he could not ser a weapon in the suspect's hands from his position. He said he heard on the radio that the suspect had a shotgun; that he put it by the front door and similar comments. He said he saw the suspect come out onto the porch.the last time prior to the shooting. He said he could only see the very top of the suspect's shoulders. He said he wasn't surprised when he heard the shot because he was aware of a plan to shoot the suspect with a bean bag round to stun him if he came onto the porch where they could hit him without him falling back into the house. He guessed that it was Deputy Baeta's plan because Baeta had the bean bag rounds. He said he only heard one shot being fired and it was not by the suspect. He said the shot.came from the area of Deputy Baeta so he knew Baeta had fired the round. 1<.OLMibueon 15.Acoruorat uriq 08 CDC ❑DA ❑OE ❑L ❑O CSR OV ;'- ❑lrrra,s%gafon [3Vice C Narcodes C Jue ❑coroner Propwrtr Ck- p ACS ❑ImalL 1]R.O. ❑SIC 1S.Aeoomnq Deputy(Pnnq 17.Date!Tune ytriaen 1'. QPut C.& Min CCornpLOfc. ❑Al nnePatal R. Ingersoll C Otter 12.Appro"nq Supe(Print) 20.Supe.No. 21.Dam FORM a (Rev.1159) 0160 C�^'ixyii�+'�14�'2L=fr�EY:a•"�L �":�cL`a.a'':i'_fs.AL11[ ��S�ir#it�+S'�r��.wi7? ._ _ � _ � � _ _ ._ ^�" 1. OR No. 2 Cry Cow 3.Crvn.iC�aaaut�on <.Deud 1 L4 Ja t 95-10079 Cen Assault wMieadly Weapon 6.V cttrn a(1, F.M) 1 7.Dau On .Econ b. E1r+Wor"No. loette / Jessica 4-1g-95 27114 rnbe.-Tger, Bridg _ -'N o.Alwroax/ Locat ion of Occurrence 10.s,,,pwct.Narn.(L,F,M) 222 Anderson Lane Martinez I Hornber ,er, Anthony Louis 11.Property 0ee0tpeom tmoounded,F-v=vwvc:L Found,Lost Stolen-ftam Number,Article,Ousnttty,Brand/IAskq/Me nu(acturrr't Mo"Nurnbw,Serial Number,Mi&cMLanwus Desr-riouon, WPww Taken.Ww,Iridude Tout Lou-UST IN FOLLOMNG ORDEFL•A)Currency,No(w 8) Jewelry.C)Clothing,Fun:0)Venidea:E)OHtca Epuiprt+ent:F)Ftac,o, Gi)Firearaa:M)M6uaehoid Goods:0 Miac. t2.F.ecovWW rrcperty S Deputy Brown said he saw the suspect drop from view after the shot and they immediately approached the house. He said he saw the subject lying on his back on the porch with his head towards the front door and his legs pointed towards the street. He saw the subject's shotgun laying in the area of the subject's legs. He said someone, he believes it was Deputy Thorsen, picked up the shotgun and took it out of his view. He said he could see some movement from the subject's hands and it appeared to him the subject was regaining consciousness. He said he announced that fact and with Sergeant Newman covering the subject, he (Brown) rolled him over onto his side and handcuffed him. He told us that when he started to roll him back onto his back, he could see a small puddle of blood on the porch and blood on the subject's right chest area. He told Sergeant Newman and the other team members that the subject was going to need medical treatment for a wound. Sergeant Newman told him to unhandcuff the subject which he did. Deputy Brown said he could s4-- the subject take a few of breaths. He didn't see the subject gain consciousness. The fire department personnel arrived within two minutes and began treating the subject. He said other team members searched the house and Deputy Brown said he then stepped off the porch- He said he waited until all the team members had regrouped and they were relieved. Sergeant Woolard had them move to the command post. Sergeant Newman told them to leave their weapons "as is" and they returned to the Field Operations Building where they were grouped in the classroom. He said Sergeant Woolard checked his shotgun in the classroom Deputy Brown said he was carrying a Benelli 12 gauge semi automatic shotgun loaded with 00 buckshot. He said his personnel sidearm is a Sig Sauer P226 semi automatic 9mm pistol. He said his sidearm was not inspected. .41 Deputy Brown told us he was wearing the same uniform at the incident as he had on during our interview, black BDUs (Battle Dress Utility) with Sheriffs shoulder patches. He said he was also wearing a ballistic helmet. t<.Daaibwon - 1 .Addtuonal ng ❑e OC ODA ODE OL OO psR MV ❑ktvetsgabon ❑vice ❑Kw=tsca ❑ivy Q cpx O Property Ck. ❑ACS l]lntetL ❑R.O. [3SMC 1&PA Oortinq Oeputy(Print) /�.Oate/Tn+e yfiitsen i L OP= C.Mmin O compL o1r- O Marine Patrol R. Ingersoll D otrw 19.Approving Supv.(Print) 20.Supe.No. 21.Net ( ;. FOFLM 8 ouv.tiea) . .-------- ----- --'-------•--•- --- --- -•'- _.. . 0161 +'^ itilf cik ke,.c-J: 7 ..Y �'.,�Y •'CC,,,,,, _�;{ �`�, K ,art �.. �'5�'e-d'�e�ac�m— ['o'y��r��8k�?�a �'_.���,.�+�--�'c4'�r TS'sC.,.�i.'4 �t31.'�.ti'+►�+` ��'Y"2�1e�t r�r��� ��,=�t. ,.DA No• 1 2. ooaal Cry C :>-';; Crone/Cst=cauoii- 4,peu�t t L4 Da t' 95-10679 Cen I Assault w/Deadly Weapon 2. LJO 6.VicomF,W) T.Data OP1 Dort 6 EmWoy.+No �t6r ,erger, Bridgette / Jessica 4-1n .�-95 27114 9. Location of -Occurrence 10.susoect's Name(L.F.m) - -1 222 Anderson Lane Martinez HornberQer, Anthony Louis I.Prop"Desctpeoru hnpourwded,Racoverad.Found,Lost Stolen•hem Number,Mich,Ouantity,Brand/Akaks/Manufacturer's Model Number,Serial Number,Idiscettaneous Deacrrot=or,._ Where Taken,Value,hctuoe Total Loss-LIST IN FOLLOWING ORDER A)Currency,Naas:B)Jevralr),C)Clothing,Furs;D)Vehicles;E)Ct'6ee Eoulpment;F)Rsc� ". G)F)rearrra;H)H6usehold Goods;4 Misc. 12.Recovers4 Properly i Inspector Leary asked Deputy Brown why he had handcuffed the subject. He said he thought the subject had just been knocked unconscious by a bean bag round and was coming around. He didn't want the subject to be able to move around where he might get hurt or hurt one of them. Deputy Brown said that earlier in the incident, he could hear the subject talking to Deputy Thorsen and Deputy Costa. He said he could really understand what was being said except for bits and pieces Iike the subject wanted CPS (Child Protective Services) there and wanted to know what they (the deputies) were there for. In response to a question by Inspector Leary, Deputy Brown said he didn't hear Deputy Baeta warn them that he was going to fire the bean bag round. He said that it was all going to plan as far as he knew. He said that it had been discussed that if the subject came out onto the porch, they were going to try to incapacitate him with the bean bag round. He said the subject came onto the porch and they were ready for the action which took place. Deputy Brown said he couldn't think of anything further to add and the interview was ended at..,., " 0837 hrs. At about 0848 hrs., Inspector Leary and I interviewed Deputy Gary Arroyo, one of the Hostage Negotiators, in my office. The interview was audio tape recorded and the following is a paraphrased,summary of the.interview (refer to audio tape foc exact language). In response to some standardized questions, Deputy Arroyo gave us the following information_ He said he has been with the Contra Costa County Sheriffs Office as a deputy sheriff for thirteen years. He said he is currently assigned to Patrol Division, working the AC Transit contract from Bay Station on graveyard-shift (2200 hrs to 0800 hrs) with Thursday, Friday and Saturday off. He said he is also currently assigned as a Hostage Negotiator(call sign 1034) with the S.W.A-T. team. He said he has =ended the Basic Hostage Negotiations course with the FBI which lasted forty hours as well as various seminars in Hostage Negotiations. 1<.Oisvibubon ,S.Aoaroonal Aoliting DB DC EIDA ❑DE ❑L ❑O [:ISR ❑V ❑kt�ga*on 1]V-.ca l]Narcotics [3Juv C]coroner , = D Prooertr CX CACS ❑Insall. ❑FLO. ❑SHC ,6-11,e00r•on9 Deputy(Print) 17.Date/Tuna Written tE. D P=Ci Cepain 0 Coad-OIr- p Marine Patrol R. Ingersoll S-2-3-9 S /Z`F� OtlfM 19.Approving supe(Print) 20.Suer.No. 21.Date I v. 1 l FORM B (Fier.1189) --- -- ----------•---------- ---- --- -. .__.. ._. --- - . " . ... 0162 e ... ..--o - :.,._.: r+c .:-."...... -^---••— e ,.:_..r-.."_ .•--;,�yc,�..a. a ',z.ry::.at:%''!'-''' •-._ 4 .f_. . ._._. __ ...��_I..r:e,:. .....r_ti.K._. ..0 •iota_�� ._.. .nfis'��iSie ��_� 4�i..;K>.... u ' 15.5 .DA No. Z E; coo,:.. .: ].Gm L .iC*'-vt uuon A.Deu t 1 Lc:�d !' 95-10679 I Clan ) Assault w/Deadly Weavon I 2. Ljb ' Vctm ♦(L F.M) 7.Dew On .Fie9orl 6, Elnoior"No ornoerger, Bridgette e / Jessica 4-1 -95 I 27114 o.A­/ Location of -Occurrence 10.suint Name(L•F.M) " �. 222 Anderson Lane Martinez Hornberger, Anthony Louis 11.Prop"Deacwson: Invounoed,R+cova od.Found,Lost,Stolen-ham Number,Article,Ouanthy,Brand/Wks/Manufacturer's Modal Number,Social Number,MisaMtanaous DascrrVUor,_. Whore Taken,Valve,Include ToW Loss-UST IN FOLLOWING OROER A)Currency,Notes B),Saweiry-,C)Clothing,Furs;D)Vehicles;E)Orbca EOuip RWnt;F)Rao.c.". (3)Firsarms;M N6usaholo Goods;q Mist 12.Recovered Property i Deputy Arroyo said they also train eight hours monthly on their own which is set up by Sergeant R Carpenter and two or three times a years with the Tactical Unit. He said the last joint training with the Tactical Unit was about two and a half months ago at the firing range and involved firearms training. Deputy Arroyo told us that he was contacted at home about 9:30 PM by Sergeant Rod Carpenter who told.him that there was a barricaded subject in Pacheco and he was to respond to the FOB (Field Operations Building). He told us he had gone to bed about 9:00 AM after work and got up about 12:00 PM (noon). He told us he had not been back to bed at the time of the call from Sergeant Carpenter. He said he had not had any alcohol to drink and was not taking any prescription or non prescription medication that-day. He said he doesn't wear glasses or contact Ienses. , . Deputy Arroyo, said he believed he arrived at the FOB at about 2155 hrs. or so, and met with Deputy Mike Costa at the Sheriffs Office motor home which serves as a command post. He said, he drove the motor home to Anderson Lane and Arthur Road in Martinez where he parked it.. He said the motor home contains some specialized equipment they use in hostage negotiations, such as cellular telephones and wiring hook ups for other telephones. He said they bring other specialized telephone equipment with them such as "throw phones" which are two way telephones connected by wiring which they can use to contact subjects who have no telephone equipment. Once they arrived, Sergeant Woolard told them (Sergeant Carpenter and himselfl that there was a resident near by that was willing to let them use their telephone lines. He said Sergeant Carpenter and he went in the neighbor's house and hooked up their telephone lines. They then called the telephone company and had the subject's phone number changed to avoid conflicts with incoming calls. U.Duaibvoon 1S.Aooruonai Aoviirig OB DC Da DoE OL Do DSR Dv D kMssgalion [DV.-* D Narcotics D.lvv D c4rorw 9 ❑Property Ck. D ACS D Ime4l. D R.O. D SMC 16.Reporting Deouty(Print) 17.Den/Time Wriaan �'� td. _ D puz c.oain D cornpL olc. ❑,.urine ftlrol R. Ingersoll .-L. >-4.` ILS 5 D 07W 19.A wovinq supe(Pring 20-S- No. 21.Dale 1 22. FORM B (Rev.1/6q) -- - -- - -- — - --- ---- -- -- - 0163 supoef tai 1.DR No. 2. Crty C0040 �.Cr�nau wICtai �i catn/ t.p.u,i 1 2-45a F 95-10679 Cen Assault w/Teadly Weaoon :. Gib 1 ' - 6.V nm a(L F.M) 1.Cou On .F400r't �. Employ+.Na. ornberger, Bridgette / Jessica 4-1 -95 - 2711 `) 9• �•/ Loc.at ion of 'Occurrent a t0.Susa*ct't name(L,F.Kat) 222 Anderson Lane Martinez HornberQer; Anthony Louis 11.prop"Deecripiso(: Impour4ed,Xs=vsred.Found,Lost Stolen-Korn Number.Article,Ouantty,Brand/Mak*/Manulacturef t Model Number,Serial Number.Mi*crllaneom Deacrtotic,-, Where Uken.YaJu*,induce Tool Lou-UST IN FOLLOVANG OROER:A)Currency,"w 8)3e.*iry,C)Clothing.Furs;0)Y*hidea:E)Oft*Equipment:F)Rad,O. 0)Fir*armt:M k6useboid Goody t)Miac. 12.Fkcor*rs.�crop"t He said he coordinated with Sergeant Carpenter and Deputy Costa to get some information on the subject. He said Deputy Costa told him the name, date of birth and race of the subject. Deputy Arroyo said he couldn't remember the full name and he called the subject "Tony" during their Conversations. He said Deputy Costa told him the subject may be under the influence of "crank". The subject was inside a house with a shotgun and had a small child in the house with him. Deputy Arroyo said that he initiated contact with the subject "Tony" by telephone at about 2300 hrs., according to the notes taken by Sergeant Carpenter which he had with him. He gave me the notes which I retained. He said he was in the motor home which served as the command post. He said he could not see any of the subject's house as they were parked down the street. He said he could see a light in the front yard, but that was all. He told us the conversations were tape recorded, but there was something wrong with the hook up and only his (Arroyo's) side of the conversation was recorded. He gave me the tape cassettes which I retained. Arroyo said he asked Tony if he was:okay and if the Ettle girl was okay. He said he asked Tony to explain to him what was going on- He said Tony told him he was upset with the deputies on the originat call. He said he tried to calm Tony and explained that he wasn't one of the original deputies,just a negotiator. He said Tony seemed to understand and didn't seem to act bizarre at that time. He said Tony told him that his daughter, Jessica, had been molested and his wife and her friends were responsible. He said the police were part of the conspiracy in her molestation, but didn't say which department.. Tony told him an ofncer tried to break into his house without a search.warrant and take his daughter. Deputy Arroyo said Tod told him something about an officer with bars on his uniform. Deputy Arroyo said he tried to listen to what Tony had to say about what happened and then tried to work out a way with Tony on how they could get his daughter out of the house to Child Protective Services which is what Tony wanted. However, Tony wasn't sure that he wouldn't be tricked and his daughter would be given back to his wife. 14.O=ibuoon IS.Aoomonm uurig pa 0 C]DA []DE []L ❑O [1SR Qv Dinvea:894son ❑vrC. []NW=tcs ED JUV p Coroner [I Prioperry Ck. l]ACS []IM*L C3 R.O. SNC 16.Frronq Ctiapwrty(Pring 17.Date/Tin+*Wrrs*n p Parsee Captain p c«ro.OIC. p Marin.Faro) R• Ingersoll -23- []Osney tis.Approving Supv,tPnnq 2t1.suoY Na. 21.Date j � Foftm 8 (F1e+:1/89) { 4164 A r:r:z•�: ++.rTa..%ni.l, tom_'tit". iY •,sae''^.�'+tir.:..1ni.t`t4^�!S`Na.i.eR{i �.�- tiS^`.,.� :r -v- '?:�y `S " C�" 1+.:r�_ ,r..�..f.?i�'�1:'ilrt "�6 suoo4em*nul A.DR No. 2 Crry C.00e 1. enmerCbaw+K.atary i.D.wt 95-14079 Cen Assault w/Deadly Weapon z. -5b - . 6. V#=m .A(I, F•M) - - I.Date On .R+pon d. Emo+oy"No. �ornaerger, Bridgette / Jessica 4-1�-95 27114 9--4 / Location o£ 'Occurrenr.e ,o.su,o.ct a Name(t.F.M) 222 Anderson Lane Martinez Hornberger, Anthony Louis tt.Property Deetrtpeon: trnoouri e ,Reco+rsred.Found.Lost Sto4en-hem Number,Article.Ouantlty,&and/Maks/Manulscturer's Model Number,serial Number,Miaceltaneous Description,L Where Taken Value,Include Toul Loss-LIST IN FOLLOrANG OROM A)Currency,Notuc e)-*-*irY-.C)doming.Furs:0)Vehicles;E)01bce Equipment F)Re010.T'. G)Firearms;M)k&x*noid Goods;I)Misc. 12.Rer„overW Properry i Tony told him he wanted the C.F.S. worker to come into the house and examine his daughter. Deputy Arroyo told him that couldn't happen unless Tony would put down his gun and come out of the house first because of safety issues, Inspector Leary asked Deputy Arroyo if Tony ever spoke about shooting or harming anyone. He said Tony told him he didn't want to harm any of the deputies outside because they were doing their job, but he said he would do what he had to do to protect his daughter. Deputy Arroyo said he didn't ask Tony to clarify what he meant by that statement, but he assumed that he was talking about the shotgun in his possession. ' At one point in their conversation, Tony said he didn't want to hurt the deputies because they were just working people, but if they sent any captains or lieutenants up, he would shoot them. He said he wanted to talk to a watch commander, but Deputy Arroyo told him he didn't think there were any captains or lieutenants on the scene. Inspector L�uy asked if Tony talked about his outlook on life or whether or not he intended to- harm himself. Deputy Arroyo said Tony talked a couple of times about not being around to protect his daughter, but he didn' ttalk about what time frame he was referring to such as hours or the following day. Deputy Arroyo said he also talked about protecting his daughter so he got rather mixed signals from Tony over whether he was suicidal or not. a Deputy Arroyo said he spoke to Tony over a period of about an hour and a half. He said Tony got upset a few times and hung up two or three times during this period. Deputy Arroyo said he called Tony back each time and Tony talked to him again. He said there were times when he became frustrated with Tony. He said they wou}d be working on getting a C.P.S. worker to the scene, and Tony would get stubborn. He said Tony wanted the Sheriff to come down and wanted the media. He said Tony wanted to throw a letter out to the media so the whole world would know what happened to his daughter. He told us Tony's focus seemed to be on what had happened to his daughter and her protection_ 14,Dtsvibvnon 75..+aoruanu rwvurip r•:i• 08 ❑C ❑Ort [DOE ❑L ❑0 CSR C1V C Vice [:❑NarcaCcs n,ivv C Coroner D Prraperty Ck p ACS Q InWL ❑FLO. C SHC 16.Rao=nq Deputy(Frtnt) 17.Date /,Tkr»Mthren p P30 C.a.in p coma Ole. p►sarin.Patrol R. Ingersoll ZJ Doti« T9.ApprtitvinQ Su Dv.(PMQ 20.super.No. zi.Dere {{ FORMS MO.1/69) 0165 � - ' ' Cen Assault w/Deadly Weapon 2, .4 Q-A",eal/ Location of 'Occurrence ii).Susoocfs Nirr"(L.F.M) 222 Anderson Lane Martinez Hornberger, Anthony Louis bripwrided,Fuicovwod.Found,Losk Su>i*m-narn Number.Axticia.Owant'ry,Brandl IA&ko IManutacturef's Mooti Number,serial Number,Miliceitaneous Deputy Arroyo said when he was talking to Tony about getiting the C.P.S. worker to the scene for his daughter and having him surrender, he felt like they might be getting somewhere. However, Tony became skeptical about the plan because he felt a female pol.ice officer would be used instead and he wasn't going to give his daughter to the police. Deputy Arroyo said they never discussed who had legal custody of the.daughte,- or if there was a custody issue. .Towards the end, Deputy AiToyo told us he called Tony back after Tony had hung up and the daughter picked up the telephone. He said he spoke briefly to her and tried to get her to go outside by her daddy's truck and talk to "NEke" (Deputy NEke Costa - another negotiator). He said she spoke pretty. well for a two year old. He said she told her father that she wanted to go out and talk to "Nfike". He told us Tony's response was muffied. He said Tony picked up the phone, but he seemed distracted by his daughter and the telephone was laid down with an open line. He said he could hear a voice that Deputy Arroyo thought was Tony-taLking to someone out front. About tkiree t f ute o our min s ` of any plan to neutraii7-- the subject. He told us he Could hear the tactical team over the open line saying things Uke "roU h=' over" ,-"cuff him" and he could hear the little girl screaming. He said Sergeant Carpenter and the other negotiators all looked surprised at each other when the shot was fired. He said they were latertold that the subject had been shot with a bean bag round and handcuffed. They were also told that it was Code 4*(no further assistance necessary) at the scene. Sergeant Carpenter told him to hang up the telephone and he did. They s=ed breaking down their equipment to put it away. They stayed at the scene and he met with Deputy Costa at the house. Deputy Costa.told him what had happened and Sergeant Newman had the team assemble in front of the house. Sergeant Newrrian had them return to the command post and told everyone not to touch their equipment, leave everything on and put their weapons on safe. He said they were to return to the Field Operations Building. MB CIC CIOA MOE C]L 00 MSR [3V later"about 0030 hrs., he heard a single gunshot which surprised hirn, because he was not aware 20._ '- 21.Da_ FOAM 0"+".1/89) � Ol66* 'DA No. 2.2' "my C000 �2.Cen AssaultW/Deadlv Weaoon _/J0 6.Victen t,�_ a(%,.F.M) 7 C* 0 A. Exncioywe No, horno.,erger, Bridgette Jessica T�-95 27114 1 4- J ,.A44r*4%/ L,o-_ation of -Cccurrenre to.Stooct's NA-*(L.F.m) 222 Anderson Lane Martinez Hornh>erger, Anthony Louis it.Prop"oescripton: IrnowndW.Rocowwod,Found,Lost Stolen-hem Number,Miele,Ouantrry.&And/Make/Manufacturtf*s Mo"Numbor,Sofiju NuMl>fr.M1*CgIL&rAP0vs -UST IN FOLLOWING ORDER A)Currency.Notw 8;Jewelry.C1 Oothing,Furs;0)Wnicle4z E)Orhce ul nt: WPwo T&Asr%Wu4,Incluoe TotAI Lou D"CrIOt1cmt.Lcc- G)Firearm;hJ k6u�o Goods;q misc. E� Pme F)Ft a o TV I Iz.Reco"noo hiop"Z - ------ He said he was delayed about fifteen minutes while they stored all their telephone equipment in the motor home and then Sergeant Carpenter told them to return the motor home to the Field Operations Building. Once at the Field Operations Building, they were assembled in the Training Room and told that the Officer Involved Protocol had been invoked. Deputy Arroyo said he Couldn't think of anything important we had not yet discussed, but he was rather tired. The tape ended before I could note the conclusion time of 0920 hrs., on the tape. At about 0940 hrs., Inspector Leary and I interviewed Sergeant K Carpenter in my office. the interview was audio tape recorded and the following is a paraphrased summary of the inter-view (refer to audio tape recording for exact language). In response to some s=dardizedquestions, Sergeant Carpenter told us the following information. He said he had been with the Contra Costa County Sheriffs Office for about twenty -six and.a half years. He is currently a sergeant assigned to Detention Division on graveyard shift (2200 hrs. to 0800 hrs.) with Wednesday, Thursday and Friday off. He said he was up at the,time he received the page from Dispatch. He said he had been up since 7:00 AM and had not been to bed. He said he had not had any alcohol, prescription medication or non prescription medication during the day. He states he does wear glasses. Sergeant Carpenter said he received the page from Dispatch at about 9:20 to 9:25 PM in his capacity-as a hostage negotiator with the S.W.A-T. team. He said he is the Hostage Negotiations Team Leader(call sign T030). He said he called Dispatch and was told that there was a barricaded subject on Anderson Lane and the negotiators were needed. He said he called the other negotiators, Deputy NL Costa, Deputy G. Arroyo and left messages for Deputy V. Mortensen and Deputy B. Reynolds. He told us he drove to the Field Operations Building, arriving at about 2145 hrs, and got dressed in his negotiators uniform. He said he went to the computer terminal and obtained a printout of the incident history. OB CIC MD4 [30E [:)L 00 MSA [3V OPMtauryCk. CIAL'S [DIMIWL [3FLO. nSHC 76 Ftegoranq 0'Puty(Print) 17.Pre /Time iYrMrn = PC*Min M C4ffvL Old. 0 IAarww Parol R. Ingersoll a s -'c �7 114' 0 ❑ 19.Appro,"Suov(print) 24.Supv No. 21.Do it FORM S (Aorv.1/89) 0167 I.OR No. 2 cfty C004 3.C-rWrw/C�..iCA(.OA A.DOU41 L Luba e�- 5 A-- 95-10679 Ce-n Assault w/Deajlv Weaoon, 2. 2.50 F. 7.09 0 P-Ovcr: Exnpiorow P40 F.1.11 4'- 0,5 27114 rnt>erger, Bridgette Jessica I -- �R-Aw—s/ Lova t ion of 'Oc-cL-rren�e so. itarne(L.F.M) 222 Anderson Lane Martinez Horn' �ger, Anthony Louis 11.Property Oeoicri;rbom brLpwrioed,Ncovwpd.Found,Lost Stolen-Item Number,Anii-de.Ouanttty,Brandl Makiii/Mainulactwwr's Mod9i Number,Serial NwrLb*(.Mill-C*Larloous D"r-riotim LC VVrws Ta-ken.Wvc Induooe Total Lou-LIST IN FOLLOWNG ORDER A)Currency,Notec B)jewelry, C)Oothing,Fun 0)Vehicies.:E)Oflics EQuiPmamt:F)Rad o.TV I., G)Flrearma:H)A6v&*6Nd Goods:Q Misc- 12.Aecovet-Od ftoo"S He said he then contacted Dispatch and told them which negotiators were available for this incident. He said he then also called Deputy C. Mould and Deputy C. Kay who were training to be negotiators. He said he had Deputy Costa start the motor home. When Deputy Arroyo arrived, he had Deputy Arroyo drive the motor home to the scene and he drove with Deputy Arroyo. Deputy Costa took his detective unit to the scene. He said they drove to Arthur Road across from Anderson Lane and then onto Anderson Lane as directed. He said they arrived at about 2200 hrs., or so. He said they set up the command post and Deputy Costa had arranged with one of the residents on Anderson Lane (first house on the right off Arthur Road) to use their telephone line for negotiations. He said he connected the command post's equipment to the resident's telephone Line and Deputy Costa called the telephone company to isolate the subject's telephone fine. The two new negotiators, Deputy C. Mould and Deputy C. Kay showed up at the scene and stood by to watch- Sergeant Carpenter had assigned Deputy Arroyo as the primary negotiator and Deputy Costa as the secondary negotiator. Lieutenant T. Coggan came to the command post and requested that a negotiator be sent up to the scene so he sent Deputy Costa. He said he took Costa!s place as secondary negotiator. He said they made contact just as Costa left the command post. He said they had discovered a problem with the new equipment and he was only able to hear o, Deputy Arroyo' side of the conversation. Deputy Arroyo would write him a note'about what was being said, or cover the telephone mouthpiece and tell him what was being said- He said that when the subject hung up, they would discuss what was said. He said that most of the times they called the subject's telephone, the subject would,wait until his answering machine message was played before answering. Through his conversations with Deputy Arroyo, he knewthesubject had a 12 gauge shotgun, wasn't going to put it down and had his two and a half year old daughter with him. 1<.D+satotroon ii.Azomonai Piouiiiiq B QC ❑DA ❑[>E ❑L ❑0 ❑SR ❑V -A Q krrfssbsson [3iirios [3Kw=tIc3 [3jvv Oca-m-w 0 Prop"Or. []AM M tnWL C]R.O. 0 SNC 18 To 000".1'rY,(PTinQ 17.Dae it Tkrw VWon C3PwalCapain OCoavLolr– [3NWin*ftro1 R.07ngersoll Q Otter 19.Approving Scnw.(P MQ 20.S4Ao-t.No. 21.Nis FORM 8 04rY.1/89) 0168 Supptarr+ental ,, —_ _ _ t.DR No. 2.Crty Coe+ 1 Cnme r Ctaau tri U0,1 k.Deta l 95-14679 Cen Assault w/De.adly Weaoon I 6,Vicom a F.M} 7 Oat.On .Pa pot, b Entptops+No. - ornbex-ger, Bridgette / Jessica 4-14-95 27114 ..Acarees/ Location of 'Occurrence10.Su"pect'a Nam.(L.F.M) 222 Anderson Lane Martinez Hornberger, Anthony Louis 11.Properly DM+c'+peoK'+- . impoun6ed,RaccYwed.Found.Lost,Stolen•Rem Number,Arlicts,Ouan&y.Brand IMakaIManutacturor's Model Number,Serial Number,MiaoOlaneOus OwscrM 0M.Loci wrwo T&Awr Yalue,1ncluoe Tots!Lou•LLST W FOLLOVANG ORDER A)Currency.NMOL 8)Je«alr)r C)Clotninq.Fun:D)Venicdes:E)OMCS Epuipment:F)Rad o.TVs.r_ G)Firaarms:r{)46usa6oid Goods:t)Misc. 12.Recovand Property S He said the subject initially said his daughter was in the other room and later said she was sitting next to him. The subject then told her to sit on the other side of him for some reason. Sergeant Carpenter said the subject kept talking about someone being in his attic. He said they checked with the S.W.A-T. team, but no one was in his attic or on the roof. Sergeant Carpenter said it was real windy during the incident and maybe that was what he heard. He said the subject seemed paranoid. He told them he saw someone at a window.. They again checked with the S.W.A.T. team, but were told no one was at the window. Sergeant Carpenter said Deputy Arroyo asked the subject several times to put down his gun, but the subject wouldn't do it. He said they asked him to send out the little girl, but he wouldn't and said he wanted to protect her from molesters. The subject wanted C.P.S. (Child Protective Services) to come in the house and ser his daughter. He said Deputy Arroyo explained to the subject that they couldn`t do that for the safety of the people unless he gave up. He told them he wouldn't do that either. Sergeant Carpenter said the subject apparently was afraid that they would dress up a female officer like a CPS worker. He said the subject talked about "he knew what we had to do", and Deputy Arroyo told him several times that the police were not going to leave. Sergeant Carpenter said the subject knew the police were outside his house. He wanted them to communicate with someone from Concord Police that he.knew by the name of"Dave" and tell him about his daughter being molested, Sergeant Carpenter said they asked him if they could give the daughter to his wife, but he said he didn't trust her. At about 12:15 AM, Sergeant Carpenter said they telephoned into the house and the little girl answered the telephone. He said they tried to her to come outside, but he didn't think she understood what they were asking her to do. He said the subject carne back on the telephone and they asked him to put his gun down so they could check on the little girl, but he told them no, he couldn't do it. Sergeant Carpenter said the subject put the phone down and Deputy Arroyo told him that he could hear voices in the background, possibly on the porch. 1<.Desaibut*n 1 S.Acotuonai Aouung r,- Ce Dc CDA DDE D4 po CSA CV C WttV*1garon CV-" C Narcotics C-1-JV C corcr»r C Property Ck- C A..S C 1nWL CRO. C SMC 16.Peooranq 00Puty(Print) 17.Oat+r Tk-M Wviaen 1e.- CPasroiCapain 0C�ot.Otc CMarinePaan) R. Ingersoll C C7th.r 14.Approving Suer.(Prin) 20.Supe No. 21.Date {{ 1�= FORM a iR+y.,Iag► 0169 A-a.y;•�.•!'_� , �.'.'fr•_ ♦•.7•"r_,•.'.;�' .^'.'. .v..s .._^f. ..w,..wp••..+.w �..� -!:•t+!^+r�_•..y_�..�. Y'!i+-fJ.i...+,r•:... •..:..�.•.}ra4�ir=.x�t1`tk:"r" Tt+•=.x�.� .. _ ... *,, td'st7T'-_:e•:t...+:r. �.`.'A.#r r,t5. ..,�,.,, °�:•+�. x� "` � ,,,,.. +. ;� aC.fl'AL iT:+►i.ri$�".1.�'t'PTM1�":.. � / � ! � � ! � } ! ` ` ` � � ` erger 4-19-95 27114 ii-koo—s/ Location of 222 Anderson Lane Martinez Hornbeerger, Anthony Louis 11.prop"Deocnoton: wnp*undod.P-w-overecL Found,Lost Sw4em-ham Number,ArUcle.Ouanthy,Stand fVL&k*1MMnv1acturvf*s mod*?Number,Serial Number.Mi&coltanoous D*%crT0110M. Where Taken.Yalue,Incivot Total Lou-LIST IN FOLLOVANG OROER A)Currency,NcRac 8)J*wolrf.C)Clorning.Fura:D)Vvhiclec E)Off-ce F)Aaoic Sergeant Carpenter said he heard one gunshot at about 12:30 AM. He said he Could hear radio trziffic and Deputy Arroyo telling him that the SWAT team had made entry into the house and was securing it. He said some people in the comrnand post were also talking about it, but he didn't know who because their area was closed off from the front portion of the command post. He said he knew that one shot had been fired-, but not which side had fired it. He said they started putting their gear away and Deputy Costa had returned. He learned from Deputy Costa that the subject had been shot. Sergeant Carpenter said that when they first arrived, the subject's minister (first n=e "Ken"- Deputy Costa has full name) was there and he gave them some information on the subject, including sporadic church attendance, drinking problems and possible drug problems. The minister said he thoug ght he could talk to the subject and they asked him to smy nearby. -t door to the Sergeant Carpenter said the minister stayed with the subject's wife in the house nex residence whose phone line they were using. After the shot was fired, he said he and Deputy Costa went to the house where the wife was and where the dauahter had been taken, to check on them. He said he spoke briefly to the subject's wife and told �er that her husband had come out with the little girl and a gun and he had been Sergeant Carpenter said the little girl told them her father had fallen down. He said the wife reaction was rather flat and he thought she was possibly*in shock. After talking to the wife, Sergeant Carpenter said they went back to the motor home and returned it to the Field Operations Building. He said the�were told by Sergeants Woolard and GUbert to wait because they were going to �e intersiewed. I showed Sergeant Carpenter the log I had b7een given by Deputy Arroyo. Serg=t Carpenter corifirmed. that it was the log he had made. I had him sign and date the log (copy atuched) and I placed the origirml into evidence. We concluded the interview at 1010 hrs. CDP= Capain C3compLOIr- C3)iAanneftral — R. lngerso:L� /,3-4-0 � FORMS (Aq~1/89) � 0170 � ^ ' ' ` 1.OR No. Z.Coy C004 a.Cwun /CbL&.Wl"oon A Octad95-10679 Cen Assault wMeadly Weaoon 2. _/JO 6.Vicirmt�u. a N F.U) T Nta Ong.P-Von Qy"No. kiorriDerger, Bridgette f Jessica 4-19-95 27114 2.A4d­/ Loc_acion of *occurrentre to.susoects t-—(L.F.M) 222 Anderson Lane Martinez Horriberger, Anthony Louis 11.Proo"00*01pbon: , hrQourhotd.P-owwwod.Found.Lost SU:A*m-Ram Number,Article,Ouanery.Brand/Ms ke/Manufacluref's Modal Numl>*f,S4`rial Nwnb*t,M4c*ltan*ou$0"CIL060fl, WPw*Ukwt.Value,lnclud4 TOW Lou-UST IN FOLLOYANG ORDER:A)Currency,Nolow 5)-4-*Irr.C)oothing.Furs:0)Vehicles:E)Ofta EAwiomant:F)Rack.TV,. G)Firoarma'.III H6v&o6dd Goods:q misc. 12.Aocovarad Property S Following our interviews, Sergeant Celestre asked Inspector Leary and I to attempt to contact a Mona Murphy, the subject's sister, who was possibly at a house on Anderson Lane with a gray 1940's panel truck out front. On 4-20-95 at about 1222 hrs., Inspector Leary and I arrived at Anderson Lane and met with Detective M. Fisher who had conducted a canvass of the neighborhood, but had been unable to contact some residents. Inspector Leary and I first went to 232 Anderson Lane to attempt contact with Mona Murphy (1940 gray-panel truck in front yard), but she was not there. Detective Fisher stayed and spoke to the residents there while Inspector Leary and I attempted to I contact residents at the other addresses where Detective Fisher had not yet made contact. 234 Anderson Zane No one home -Business Card left for contact. 196 Anderson Lane: No answer-Business Card left- 198 Anderson Lane: No answer Business Card left. 117 Anderson Lane: No answer -Business Card left. 125 Anderson Lane: No.answer-Business card left At about 1230 hrs., we went to 123 Anderson lane ane spoke to Janet Baker CWF 44 dob 8-30-40). She said she became aware something was happening when the police knocked on her door at about.9:00 PM and told them to evacuate because their neighbor across the street had a gun. The police dicint want anyone to get hurtand asked them to leave. She said her husband, Roger Baker (WM41 dob 12-2-43) and her stepson, Rodney Baker (WMI 8 dob 4-26-76) left with her and they went to the batting cage place on Arthur Road and stayed there until 1:30 AM when they came home. Janet said the only thing she knew about her neighbor was that he was always making noise, building something, but he was nice otherwise. She said "Kathy' at 232 Anderson Lane went to school with his wife, Bridgett- 7F OB [3C C]OA DDE (31. [DO DSR MV [3V=* [3Narcatic-3 CDsvv rloona r PTtyp�erty 04 D A= [3 InW1. E]R.O. 0 SHC I&P-090MM9O*Puty(PtT) 1 77.tatsTirro Yttruen P*0 Captain 0 ConvL Oic- [3 Manne Patrol R. Ingerso. OVW 19.A:)Qro"SAAVY.(Pri 20.Suvv.No.. Zi.Dam FORM 5 (FWY.1/a9) 0171 ' ' / � ' � � � / � � � - ^ ^ ' ` ^ � -95-10679 — 222 Anderson Lane Martinez HoL-nberger, Anthony Louis Whwe Ukw%VWVI.IMCW04 ToW Lo*4-UST tN FOLLOWING ORDER A)CorTency.Notm 131 J*-94r)�C)Clothing,Furs:0)Vehides:E)Olk-A Equipment,F)Rsojo.TVL, 12.Recoreevd Prop"S We then went to 222 Anderson Lane'to see if Mona Murphy was at the Homberger residence. We spoke to Mrs. Nfindrup, the minister's wife who was staying with Mrs. Homberger. She said there was no else there except Bridgett who was taking a shower. We returned to 2')2 Anderson Lane and spoke briefly to the minister, Ken Mindrup, the pastor of Morel.lo Avenue Baptist Church (228-4294). * At about 1245 hrs., we went to 234 Anderson Lane and met with Tamie Speetzen (WF31 dob 8-2-63) 228-2933, the resident who had returned. Tarriie told us she let the police use their telephone line, and stayed in the house or backyard the whole time with her children. She said she didn't see or hear anything of what happened. She said her boyfriend, Perry Wiseman (VWS) Pager 4340-01-3)7, and a friend of his "Tom" from work were home also, but she said she doesn't believe they heard anything either. We rerwried to the office and Sergeant Celestre asked us to go to the Main Detention Facility and contact Sheriffs Aide Cheryl Cole, Anthony Hornbergerjs ex-girlfhend. We went to the MDF, but learned she was not working that day. On 4-20-95 at-a-bout 1750 hrs., I sat in with Sergeant Celestre when he interviewed John McDonald, a friend of Anthony Hornberger's who said Anthony had spoken to him on the telephone during this incident. The interview was video tape recorded (see Sergeant Celestre's report for further information). Following the interview, I found I had a message waiting from a.Fred Gillian.198 Anderson Lane who called at 5:47 PM. He said he had found my card, but he said he would be lea ving immediately. He said, I could reach him between 7:00 and 8:00 PM. He did not leave a telephone On 4-21-95, 1 received a telephone call from Kimberley Hedemark who told me she found my business card on her door. 08 CC C30A 17DE CL CO CSA MY � orw � | - pnwwe M°x'1/89) 0172 ` 1.OR4TY C�oaf A.C>Otad 95-10679 c( 4 Assault w/b,�'i3bjy Weaoon 6.V=m�. .A F.M) 7.Date on Pwoofl A. Efr%o4cY*0 NO, 6 rnberger, Bridgette� Jessica4-1�'-95 27114 _,.,A4dr0*z/ L,oc.ation of 0-_r_u-rren;.e S-L"Cl's Namw(L_F.M) 222 Anderson Lane Martinez Ho_ r-nberger, Anthony Louis it.Prop"DescrLplory hrtpovr4*d,F-o=rywid.Found,Lost SU>I*n-hem Number,Article.OusnaTy,Br&Ad/M&ks/M*nu1&Cturwf'X MO09i NV-b*(-S4fi&I NLwnb*(,M%40L&n*oV$D&%CrVbOft L� Where Town,Vahm.imciucI4 Total Lou-LIST IN FOLLOWING ORDER A)Currency.N B)j*-wipfwpm* TYC)Clothing,Fun 0)Vehicles:E)Offsca EQ I mt:F)A 0,0.T 0)Flraarrm:hl P,6usohold Goods:Q mi= 12.Aecovwc%d Prop"S She said she lived at 125 Anderson Lane in Martinez (hm 372-8149/wk 372-9100 ext 3330). 1 asked her if she had been home during the incident that occurred on 4-20-95 at 222 Anderson Lane. She said no. She said she had been out and was returning home at about 10:30 PM when she found the road blocked by the police. She said she stayed the night elsewhere and returned home in the morning. On 4-25-95 at about 14.22 hrs., I called and spoke to Yvette Jernigan who had left a message on my voice mail on 4-20-95 at about 6:08 PM. Yvette said she lived at 117 Anderson Lane (313-8968)13-8968) in Martinez and had found my card on her door. Yvette said she was home the day this incident occurred. She said she saw a police car at the end of the street and saw a deputy and him (her neighbor who was shot) talking. She said she heard "Why?" and "What happened last night?". Yvette said she later heard k:nocking on her door and there was a deputy asking them to leave because her neighbor across the street had a rifle and he was going to shoot it. The deputy told them SWAT had been called. She said she left and went to'Holiday Lin in Concord where she spent the night. She said she returned home about 7:30 AM. Yvette said she had met her neighbor before, at Graybar (a business) and he seemed like a ru*c_l* guy. She said she heard through her neighbor, who lives neat the comer where the Sheriffs Command Post was parked, that he was up for days "tweaking" on drugs and was convinced his daughter had been molested. She said he and his wife were supposedly arguing-. Yvette.said she also heard at first that he had shot himself but then that hehad been shot by the SWAT team supposedly with a.bean bag, but she felt it 'must have been a bullet because of all the blood. On 4-28-95, 1 received a copy of a report written by Inspector Leary regarding our contacts (attached). IA.Dimsbwzort 1 A=1UOrwt AOV_Urig Y [3 CA [D DE rl L [D o 17 r>R nV r.:: C]B CC t: mirwonagasco MNrics C]Narcotics C]jVV [3 C4"xw C3PYvpw^1yCX rlAGS []IMiWL [DFLO. [3SHC 16.pwportnq C*Puty(Print) 17.04t*t Tiaw VWrMon c3p= Camin 000MPLOIr- []ManMNtrOI R. Ingersoll -71?_5F1 2- Q Omer 19.Approving SQOv.(Primp 20.Supv.No. 21.Do It FORM 8 (Aov 1/69) 0173 :b. M 39j. MAtihdz, Qjjjf'0 �nja HRO G Arse 1.DR No z cery cod4 4 Dowl 1 Z4 7a F7 '95-10,679 Cen Assault w/'�,�a81Y Weapon E.VV=M F M) 7.Cats On ROPOtl a E-">ioy—No. 4' no=6�rger, Bridgette Jessica 4-1�-95 27114 J.A222 Anderson Lane Mart2.nez -70- Hornberger, "AAnthony Louis 4drealli-ocation of occurrence 11.prop"DOSCMPOM lmoour*6vd,Raccftwid.Found.Lost Sw4on-narn Number,AnicJ*,Ouaritty.Srand/Msks/Manulaciurwr'%Mod*Nurnow,Serial Number,Miu*i3noovs D"crtot,On.L:, Where Taken Wwo,Incivee Total Loss-LIST IN FOLLOYONG ORDER A)Currency.Nolen;9)jwweirY Cj Cothing,Fvrt.01 Vshiciscc E)0MC#E40P~t:F)Rao.0,—,vj Q)Firearms;hl P;64,war>Wd Goods:Q MiM lx.1Recararod ftop"3 Thus far, I have not contacted Fred Gillian 198 Anderson Lane and have had no contact from the residents at 196 Anderson Lane. I have also not contacted Perry Wiseman or his friend "Tom". On 04-25-95, at Sergeant Celestre's request, I released the items I had received from Deputy McKe-and (pager, Rolaids, medical paper and personal checks) to the victim's wife, Bridgette Hornberger. I placed the interview cassette tapes, Hostage Negotiation tapes and the Hostage Negotiations log into evidence. .-A [3 5 QC C]DA []DE [3 L C3 0 C)SA 0 V C3 C]NwCofts C)JwV [3 Coroner OlArvp"Ck. [3A= [31mall. OFLO. [3SMC i a.PA00MM9 00PUTY(PMnt) 17.Dew I Tima"item nfto Captain []Coff�olc. [3manneftrol R. IngerSo II C]orw 19.Awavirq SUVv.(Pring211*Sj, 1No. 21.Dote FORM 8 (%-.1132) 01,74 370 o4 VVI 1-t)o/va o Sy J 90 - 6 79 __ -_._-----�-�•- 017 7 (1 i 1� -------------------------- 0176 :�c.�:�s"r�7.'�#sa� u< � .�.�`"v.✓ f,RL�.�'-L.':'LX>� .. _...-...�''Mc} :•m. y: v ....;...,_�.�-.,�„�r........ .�� ,i,,,r-,,,-__' n`- .�2'S:41YL'�' ♦ i'ac � .:+»�.,t. r S%.z' r^nh2�lfSYs1' r - o V e i '.......... -'1 D' i . 4 I� I 0177 ... �...% ". ... ._- ....._ ..,_ .�. _.......�e-o!Yw_.-.,.. .. ... �..�i►.w +�SvS~ ..,� s.. �._..�`.1.'e:d���o`i".`idna._�J�iS,�a.S�Lti4G.�e1�slC�r�t�iZs:�+�f���i.wilie� '�t"�� DISTRICT ATTORNEY'S OFFICE CON7RA COSTA COUNTY INVESTIGATION REPORT CRIME: OFFICER DWOLVED SHOOTING DA F= (PROTOCOL CASE) x rcf. CCCSO 9-S-10679 DEFENDANT: Hornberger, Anthony Lewis (8/05/52) ORIGINAL Copies of report to: X Deputy DA IL Hole X Other Sheriffs Office Requested by: DDA R. Hole Date: 4!20195 Inspector assigned: Tom Leary Special Operations Division INVESTIGATION SUMMARY: Report concerns an Officer Involved Shooting involving members of the Contra Costa County Sheriff's Office- The Protocol was invoked, resulting in a joint investigation by members of the Sheriffs Office and members of the Contra Costa County District Attorney's Office. ®R This report concerns interviews conducted by me and Sheriffs Detective Sergeant R_ Ingersoll of witness officers, as listed below. Deputy J. Mahoney Deputy A. Burt x Sgt. R_ Woolard Deputy G. Wright Deputy D. Brown Deputy G. Arroyo K Sgt R. Carpenter Additionally, we canvassed the neighborhoo"d where the incident occurred, and talked to: ■ Janet Baker 8/30/40 I23 Anderson Way Martinez 370-0342 Narrative be-ins on page 2. X7 RggorThomas Lnrv. Seni!2r4 In r ril 26- 1 Q() = 0178 is INVESTIGATIVE NARRATIVE April 20, 1995 At 2:00am, Senior Inspector R_ Caskey called me at home, advising there had been an Officer Involved Shooting in Pacheco-'involving members of the Contra Costa County Sheriffs OfEce. The Protocol had been invoked, and Caskey asked me to respond the the Sheriffs FOB in Martinez to participate in the investigation. I arrived at the FOB at 3:05arn. After some discussion regarding the case, I went to the scene of the shooting with Caskey, Sgt. R_ Weckel, and Sgt. R_ Ingersoll. We left FOB at 3:40am, and went to the scene to view it, so as to be better able to ask appropriate and relevant questions of the witnesses. We arrived at 3:45am, and we walked single file up to the front porch, accompanied by members of the Contra Costa County Criminalistics Laboratory. After making my observations, I retraced my steps to the street. We left the scene at 4:00arn, arriving at the FOB at 4:05am. It had been determined that Sgt. Ingersoll and I would work together conducting inter-views. Additionally, the Sheriffs Office volunteered to document all of the interviews. At 4:20arn, we interviewed Deputy James Mahoney in Sgt. Ingersoll's office. The interview was tape recorded, and ended at 4:46am. At 5:03am, we interviewed Deputy A. Burt in Sgt. Ingersoll's office. It was-tape recorded, and ended at :5.33am. At 6:06am, a short briefing was held involving all of the investigating officers, which lasted until 6:15am. At 6:24am, we interviewed Sgt. K Woolard.. The interview was taped, and ended at 7:18am. At 7:38am, we interviewed Deputy George Wright. The interview was taped, and ended at 8:02am. At 8:08am, we interviewed Deputy Dave Bra-vim. The interviewed was taped, and ended at 8:37am. At 8:48am, we inter-viewed Deputy G. Arroyo. The interview was taped, and ended at 9:20am. At 9:40am, we inter-viewed Sgt R. Carpenter. The interview was taped, and ended at 10:10am. 4/1 T. LeaVY 2 0179 INVES TIGA TI VE NARRA TI VE At 10:10am, another briefing was held, additional investigative priorities were identified, and assignments were made. I was assigned to go with Sgt. Ingersoll and Detective Fisher to complete a canvass of the neighborhood, attempting to contact the residents that had not yet been contacted, At 12:15pm, we knocked on the doors of the surrounding neighbors that had not yet been contacted. The only one Ingersoll and I found at home was Janet Baker. Cards were left on the doors of the other houses (117, 125, 196, and 198) asking the occupants to call Sgt. Ingersoll. At approximately 1:15prn, Inge.-soU and I attempted to make contact with Cher-yl Cole, the suspect's ex-girlfriend. She was not at work- At approximately 1:45pm, I returned to my Office. My copies of the taped inter-views will be retained by me. Refer to Sgt. Ingersoll's report for further details. T. Lea r7V 0180 DISTRICT ATTORNEY. ` S UF;LCc INVESTIGATION REPORT CCCSO Type of Invest . O'Ficer Involved Protocol RxA.File No . 95-10679 Subject/Defendant : Anthonv L. HORNBERGER Supplement No . l Copies of Report to : Q District Attorney Q Assistant D.A. Q Chief Assistant D.A. CjMtz.(�R- 1. — Spec .Ops . Q Chief Deputy D .A. (Q Deputy D.A. Q Other Investigation Requested By CCCSO DateOL-20-95Due Assigned by Sr. Inspector Robert Caskev DateOL-70-95 Investigator Assigned Ted Sov--ow Q Martinez Q Rich. Q P .H. Investigation Summary: SUSPECT: HORNBERGER, Anthonv Lewis - dob 08-05-52 x" 222 Anderson_ Wav, Martinez 94553 ; .370-2446 Plumber WITNESS : HOR.NEERGER, Brigitte Lee - WrA = dob 01-15-60 222 Anderson Way, Martinez 94553 ; 370-2446 Housewife WITNESS : C.A=- HEN, Jer- -v - Criminalist CCCSO - Crime Lab; 646-2455 WITNESS : Sergeant Greg GILBERT CCCSO WITNESS : Detective Mike COSTA CCCSO - FOB - WITNESS : Deputy Mike BAETA CCCSO - Patrol WITNESS : TENNANT, John c/o Carroll, Burdick & McDonough - 44 Montgomery Street, Suite 400 San Francisco 94104 ; (415) 989-0932 :teport By : Ted Spyrow, Sr. Inspector Date : 05-01-95 name tit�.e DA-114 ..:�.'+•• .._.. .... .....T,.pais....w..+..v.. � . L�:(1"^' �31E�;YA.neYS�• 1.'�. '"'�t. YSP M''a')?�.�M�a�+Y1Z.Tf6V'vy"i�-y�~�M'r:iF"'1�'6� `�'' ..._ •al... ... -� �'. .FSS. /' t� x! .� �iw^Mt.p,. INL-S="T GywlVr -NARRA CCCSO No 95-10679 Page No . 2 W!=ESS : BE=7T, Pamela Miranda - WFA - dob 06-01-56 306 Jacinto, Pittsburg 94565 {Mobil Home Park) 432-71!0 Waitress - Baker' s Square - Concord; 689-9365 04-20-65 - 0150 hrs : Senior Inspector Robert Caskey called and requested my assistance in a shooting incident involving a deputy of the Contra Costa County Sher_ ffIs Off_ce . He explained that a Delta Team had resvoaded to a report of an armed, barricaded subjectoff Arthur Road in Martinez . During negotiations to surrender, the subject was shot in the chest by a Delta Team Officer who believed he had fired a bean bag round. As officers rushed to restrain him they discovered he was dead and that something other than a stun round had been -fired from the deputy' s - shotgun. Caskey asked me to respond to the Sheriff ' s Office Field Operacion Bureau and await assignment . 0232 hrs : t I arrived and contacted Sergeants Rick Weckel and John Celestre. They explained that I would team up with Sergeant Celestre and . would be leaving with him shortly to pick up the suspect ' s wife and transport her back to FOB to interview her. 0307 hrs : We arrived or_ scene and contacted Brigitte Hornberger at 232 Anderson Way in Martinez . She was subsequently transported back to FOB . ;3 0328 hrs : I participated in the interview of Brigitte Hornberger with Sergeant John Celestre . The interview was recorded and will be covered in Sergeant Celestre ' s supplemental report . a 0535 hrs : Criminalist Jerry Cauthen photographed injuries Mrs . Hornberger received during an earlier struggle with her husband. For details refer to his supplement. Term 0549 hrs . 0550 hrs : a Sergeant Celestre told Mrs . Hornberger that her husband had died and wanted to know who we could call for her. She immediately broke down, cried and blamed herself for what had occurred. She then asked me to call her father, Bob Lafleur at 372-6747 . 0182 ..-.,__..as_�.r..'1- �..__�_.._y.r .. t.__._._ .._.: +'�+.i.LaYSY.�s.}S�a ti:.�-.w....i...s.::Slait>'IC�r: �i 1�-• �.1",y�if.. � _ -wl:., v '—' �:'.:i'i�_—_ IN'T�'STI GAT I'JE NARRATI CCCSo No . 95-10679 _ Page No. 3 OSSA hrs : I called the Lafleur residence, however no one was apparently home . A message was left on the recorder for him to contact his daughter as soon as possible . 0633 hrs - 0720 hrs : I participated in a second interview of Sergeant Greg Gilbert . The interview was recorded and will be covered in Sergeant Celestre ' s supplemental report. For Complete details refer to tape recording. 0738 hrs - 0814 hrs : We next interviewed Detective Mike Costa, a member of the hostage necrotiation team. our conversations were recorded and will be summarize in. Sergeant Celestre ' s supplemental report . 0827 hrs - 0933 hrs : We next spoke with Deputy Mike Baeta, a Delta Team member, who was accompanied by John R. Tennant, his attorney. The interview was tape recorded and will be summarized in Sergeant Celestre' s supplemental report For complete details refer to tape . 0950 hrs : Investigators briefed one another on information they had learned. Celestre then assigned us to interview Officer R. Ross #165 Concord Police Department re 95-9979 , Mona Murphy (Suspect.' s sister). and Pam Bennett, Brigitte Hornberger' s friend. 1146 hrs : I called' Pam Bennett and scheduled an appointment with her for 1300 hrs this date at the Sheriff' s Office FOB'. 1150 hrs - 1157 hrs : I attempted to locate Mona Murphy in the Clearlake-Lakeport area with negative results . 1334 hrs - 1400 hrs : We interviewed Pamela Bennett . This interview was tape recorded and will be covered in Sergeant Celestre ' s supplemental report. I concluded. my assignment at 1530 hrs. � TS/dwc n83 DISTRICT ATTORNEY' S OFFICE CONTRA COSTA COUNTY INVESTIGATION REPORT Type of Investigation: Protocol Call Out DA File No: Subject/Defendant: Hornberger Supplement: SO 95-10679 Copies of Report to: District Attorney Assistant D.A. Chief Assistant D.A. Martinez Chief Deputy D.A. Richmond other: Special Operations ----------------------------------------------------------------- Investigation Requested by: DDA .Hole Date: 4/20/95 Assigned by: Date: Investigator Assigned: ,john Wasson, Senior Inspector - ----------------------------------------------------------------- ----------------------------------------------------------------- Investigation Narrative I received a call from Senior Inspector Caskey requesting assistance on an officer involved shooting on 4/20/95 at 0155 hrs. This had occurred in Martinez, and involved the CCC Sheriffs Department. I drove to the Field Operations Building, arriving at 0245 hrs . I went to the scene of the shooting, 222 Anderson in Martinez with CCCSO Sgt.. Knutson, at 0302 hrs in order to orient myself with the scene prior to interviews. of note at the scene was an unexpended shotgun round on the porch near a pool of blood. This round was opaque white plastic, with the words N "Mechanical- Key" printed on it. I also observed an expended round of this same type between the cab and utility box of a pickup parked in the driveway of 222 Anderson. A shotgun with 2 unexpended rounds, red in color, was lying in the dirt below the porch of the house. We left the scene at 0326 hrs and returned to the FOB. Sgt Knutson and I interviewed Deputy Chris Forsyth from 0350 to 0417 hrs: This interview was tape recorded and will be reported by Sgt Knutson. Dep Forsyth is a member of the SWAT -: team, and this interview covered his actions and observations during this incident. Sgt Knutson and I interviewed Deputy Kevin Ryan from 0422 to N 0439 hrs. This interview was tape recorded and will be reported by Sgt Knutson. Dep Ryan is a member of the SWAT team, and this interview covered his actions and observations during this incident. 0184 , -.,.. .r..�K�-"wS�.�....-..�. � -:.^r'd•.�'.,���:[...13:.n Ee. ,�^�.J:.a.'a.�iiih_�'t�lA.i�Se:v_�_4l�'J�`iii 'i•'.2r�iiL�'pE! ��Yri!�e���„tt .w�7T`�SLw�.oSY'.S�a '��'?v Sgt Knutson and I interviewed Deputy Mike Campisi from 0446 to 0509 . This interview was tape recorded and will be reported by Sgt Knutson. Dep Campisi was working patrol at the time of this incident, and this interview covered his actions and observations during this incident. From 0550 to 0600 Sgt Knutson and I examined an ammo box in Capt Gackowski's office. This box was marked 1112 Ga Stun Bag" on the outside. The ammo- box had been removed from the armory after it was removed from the SWAT van upon the officers returning from the scene. The box and its contents were photographed and was taken by the Crime Lab. At 0605 hrs the various investigators had a briefing to update the progress of the interviews and make further assignments . From 0632 to 0642 hrs Sgt Knutson and I interviewed Deputy Houle. This -interview was tape recorded and will be reported by Sgt Knutson. Dep Houle is a member of the SWAT team, and this interview covered his actions and observations during this incident. From 0648 to 0732 hrs Sgt Knutson and I interviewed Deputy Vic Fernandez. This interview was tape recorded, and will be reported by Sgt Knutson. Dep Fernandez is a member of the SWAT team, and this interview covered his actions and observations during this incident. From 0745 to 0821 hrs Sgt Knutson and I interviewed Sgt Newman. This interview .was tape recorded and will be reported by Sgt Knutson. Sgt Newman is a member of the SWAT team, and this interview covered his actions and observations during this incident. From 0834 to 0907 hrs Sgt Knutson and I interviewed Deputy Chris .Thorsen. Dep Thorsen is a member of the SWAT team, and this interview covered his actions and observations during this incident. After waiting for other investigators to finish their interviews, a debriefing was held at 1000 hrs, to assign further tasks and update the investigative team as to the facts="o;E the incident known to that point. I then contacted Mount Diablo Medical Center security, in order to interview a security guard who had dealt with the deceased prior to this incident. I learned the guard was off, and had the director of security fax a copy of the guards report to the FOB. At 1415 hrs Sgt Knutson and I attended the autopsy of 2 0185 ".`"- Hornberger at the morgue. Prior to the autopsy, Sgt Knutson briefed the pathologist, Dr. Daugherty, as to the circumstances of the shooting of the deceased, including a description of the particular shotgun round used. I left the morgue at 1530 hrs and returned to the office. Report by ohn Wasson, Senior Inspector Date: 4/24/95 J t t S 0186 ..___ _..__,.. rb..____. ...._:___....«.�riulk^�s�ra'Jis`.�.'.i_...:.:iS�.RS:?e:w°r.'aa._t..�np�` ��.t:.�.n.:s�r.-_ �c .,,..ft+....s-Y.r �E±i*A'Yi;►:. _ .i.,,,.� ;;. — �:SupiaternerttaJ .. BOX 391"Martoez C;amotmia v,-,, —A L LJ u**te City C400 0V"/C*MW%C&t0n 4.0"4" 95- li�� "2 S.pwpc�' 10679 1 Assault with- Deadl.� Wear)on 2. L.Wk�ben N%-.4(L F,W) T:D& or-Q.P-0 r, L Errp&�Na�- ---�Jornberger , Brige t te 4/19/95 22325 r*=L9r4n0@ S4aoees m&ffw(L.F.W) ft IQ. 222 Anderson WY Martinez lHornberzer . Anthonv I IL'Proo"D—Pbary ------— :Irrg)aundsd.A4covwwd.Found.Lost Su*m.Mom Number.AAkJe,0"ney,Br"/w4Lk4/M3nvf&cWr*r'j Mod*Number,Serial Number,UizcettsneOcxg 0"=V0M LZAc Wtwv T&kxe'4 Y&Jvs.lrxJvdo ToW Low-UST IN FOLLOWING ORDER A)C,-6;rTwscy.Notac 9)jewelry.C)Omft.Furs:0)Yomicsoc E)Ofta Equipment F)R&*0-TVI. nc (G)FVOLMAL K H--*'X)id Goodx:0 misr- Iz-P-000vored PProp" On 4-20-95 at 1445 hrs . , I attended the autopsy on Hornberger. This autopsy was conducted by Dr. L. Daugherty (Coroners Report -Tur95- 0529) . Also present during the examination were Crime Scene Investigator C. Martin, Coroners Aide G. Wald, D. A. Investigators, J. Wasson and R. Caskey. Dr. Daughel-ty' s examination revealed one gunshot wound to the chest of Hcrnberger, and one small laceration to the back of his head. One plastic 12 gauge shot sleeve along with a small amount o'cL granular material was recovered from the decedents body. (see criminalist ' s report LAB 'T"r 95-3136-B for evidence description and collection) . Dr. Daugherty told me the cause of death was a single gunshot wound to the chest . The projectile had passed through both lungs and the heart . Fly ncat 34,0%sVibunon 15.A441"Aal FLOWUng CIC C10A COE OLC]O C3SA C)V C]Vice MN&r=br-z r7-tv" ocamew C]PrOP"Ck- CDACS OlntikL []R.0. DSM(: IL Reocrang Deputy(Pnnq 17.Coto I Time mmen 18. D Pia C again C)Card L0tr- OMann*Pzr04 SRt - J . Knutson,�7/ 4/24/951500 C 111.Aporaw,ing Supy.(print) 20.Swqw-No. 2HN� 'ORM J3 (Arv.Ing) 018 7- 1%_ " DXASLO 2SEDZGAL C� 05_386 2.540 Fast St- Concord, C l_fLf 94520 CAS£ # SECD"RI T OCCURRENCE RIEFORr Ty-p-- Of Occux-remcc ��7 7'fIRAAN('F Date Of Occurrence A=13-93_o-95 Time Of Occurrence 1540 Locat5-cm M Dace Occurrence Reported same Tl=e Occurrence Reported s_p,,P Reported By ' _zoom Status Address MD'RC� Phone Principal Party RQRN'9ERCF.R. BRYGE'CfiE LEE Status WFA`1-I5-50 Address 227 AnEg,, N HAY.M'LZ Phaxae 170-2446 Name Of Witness DR S. KQRA StaL�ccs Address Phone DESCRSPTI011 OF SO ROSALES AND I WERE REQUESTED TO COME TO THE ER ROOM BY THE ER STAFF REGARDING A SJ IN THE ER WHO WAS HOLDING A 2yr OLD WFJ THAT WAS THE POSSIBLE VICTEM OF SEXUAL ABUSE. THE SJ WAS REPORTED TO BE VERY AGITATED AND THERE WAS MENTION THAT HE MAY BE IN POSS- ESSION OF A Tu-N. ON ARRIVAL AT ER OFF ROSALES CONTACTED THE WM HOLDING TEE V,ANTHONY LOUIS HORNBERGER, WM 8-5-52, 222 ANDERSON WAY,MTZ. THE V WAS IDENTIFIED AS JESSICA _ . MONA LORRAINE HORNBERGER WFJ 11-18-92. I MADE CONTACT WITH HORNBERGERS WIFE BRIGETir LEE HORNBERGER,WFI-15-60 IN THE ER WAITING ROOM. BRIGETTE SAID TEL9T SHE WAS VERY AFRAID OF HER HUSBAND AND- WOULD,NOT GO HOME WITH HIM. SHE SAID THAT LAST NIGHT HE WAS DOING CRANK AND STARTED ARGUEING WITH HER ABOUT 0100 hrs THIS MORNING. HE ACCUSED HER OF BEING A LESBIAN AND AT ONE POINT IN THE ARGUEMENT POINTED A LOADED ASSUALT RIFLE AT HER AND SAID HE VAS GOING TO KILL HER. HE THEN ACCUSED HER OF MOLESTING THEIR DAUGHTE-, JESSICA. DR SaTKORA EXAMINED THE V AND SAID THAT THE RESULTS WOULD BE DETERMINED LATER. HE SUGGESTED CPD BE CALLED AND I DID SO. CPL DON HOFFMAN RESPONDED WITH OFF BOB ROSS AND OFF PHIL PETTUS. THE V JESSICA HORNBERGER WAS ALLOWED TO LEAVE WITH ANTHONY HORN- BERGER AND A FAMILY FRIEND' WAS CALLED TO PICKUP BRIGETTE HORNBERGER. FOR FURTHER INFO SEE CPD CR#95-9979 DESCITION OF PRDPbFTY A=/OR SIISPECI'(S) ANTHONY HORNBERGER / BRIGETTE LEE HORNBERGER L ME24CE Gt'+,-03EIaM ? PHOTO TAIMT 7 POLICE CON'"ZA.C`LM) POLICE OFFICE'S 'HANE BOB ROSS BEI'OE�C # QS - 0070 L r:-A �{ teport Rewicg�-_d 133r 03.88 LL-30-05 T710 Date Ss Time Repan-C 17zj;LLett Page I Of 1 Pages Date & Z`ix�e E,�-SGesred �d t'1 (T7t,t ()'1CHT(T t to QC-AT Ca. A7 NJ_Jw '".�'iE:47�:;�'7!:�eZ:isa'4`.w�*.. .. T:._ ..'. .i"ry{., .'-'• —„r-.... ”" i+V,}.''"..`'"`�'r-I�" �' -.` 1 <:.Y...,:''.�4:3#?-i" `i�iteesvvAi f_u;+�i�►a4ii!`CS�tI'iX�d'',%xF'...w.'�'���3?yf'. �L::�",r<'1l'aj.,_`�.�i'7'��`'�:�""•��+t�i�.•'-::x.�. �! � c... i; ._IADUL i.j'iW, ^�' +2 - +, (•• (s T Ia o __ ITo it r- CONCORD POLICE DEPARTMENT CR # 95-9979 OFFENSE REPORT PAGE 1 — (DATE AN0*Tj'FLPCRTED -• -- - - —-- _..... •.. .-- 04/19/95 16 :00 ccesuTc-�cw oP�e�tOTTSK 415 PC DISTURBING THE PEACE 'ODCQOwW DATE EN01>�� oGCLJRAE6TiIIE- NIC.7,ArE 04/19/95 I / / 16 :00 — _ 2540 EAST STREET CONTRA COUNTY SHERIFF' S OFFICE PERSON INVOLVEMENT COOES A-ARA£ST'EE S-SUSPECT K•CN V-ViCT7M C•COMPLAINANT J-9VHJECT W•WtTr+ESS B-BUSINESS VICTiIt 0•OWNER C (LEE, LARRY ( ) - (510) 674-23 ADDaEa' �� - ._ .•. 'IrT STATE • uiT NO. r 2450 EAST STREET a940 NJ• STATE '�'. en]CONCORD E CE , rt:NT I I Wa :$ titOlTKWAL TRi Vi Ai TK7N _ -- .. I -/ / I _� .—•. i .--_.. I _— iwh ._�6T>wA�e."FIIJT ii�CO���^r ___ _. wOME PHC• I0l✓r f`rI Y.J 3 IHORNBERGER, ANTHONY LOUIS (510) 370-2446 (S10) 419-452= rliGcLjs --• •----- - GTtT�— STS- so —•— 52 ANDERSON WAY _ (MARTINEZ CA 194553 I—..•- - OW AD w0 '" Tt 0�� RA'C— Y t1CF,i Wt�CFti— ETES 1111A — 108/05/52 �42_ IW ISE M 511 165 �BRN IG_a.*1 i AJDI1TOnAl WFS<nIA ZION —"�� ` -- i t t •� NJuE:ltome KAME. rE �NUS nicwE J JzRNBERGER,_ BRIDGETT LEE _- (510) 370-2446 ( ) rA crz, zrP I.•..-'T•-.I+�i:,a cuwrr wo 52 ANDERSON WAY 17L?�RTINEZ _ CA (94553 _- OiM AD PD .• --• CT41 G - OQ7G ACE I F.nGE SEI - nu�a.+.- WLh:rM iNC. I CT4' I— — 101/15/60 135 _ IW •� AocmawA[ir++roFirATION - ••_==---111 - - - -._... 3 a ■ 1a4CC�`T'"VpmT4.STTMI.L. PIf;ST wo0t,_ ��r+r+ora: aua enure - 3 HORNBERGER, JESSICA MONA-LORRAINE (510) 370-2446 { ) �52 0 � crr7— =ATE ANDERSON WAY MARTINEZ CA 94553 -_- r064ADNO. •• •— STEP--••Dos I RACE ai lz lf7 I C—T I'T•vaa F,•$p- __ 11/18/92 12— �W _�F. AcntTIDNQ;W&i;AATIDM M-BRIDGETT FATHER:ANTHONY _ .�+"l IJ STI+AyC. 1•u::. YloolF ND4E PNO�F. BV3.PMO+IE•••swsa�s�e+•- IJ �HORNBERGER, JOLENE _ _ (S10) 370-2446 ) ---- AppRESS nPCcSr,-.�isEnranvNo 52 ANDERSON WAY MARTINEZ CA 194553 1 -_- I dAT1c'NO. •.•. .••— STATE ACiE l —'• ;r6r<RtwEleA'r'�• :xA+a ETES -�= 06/09/94 1_ f W IF I :;' 'saRTta.i.itNcor,Ae►t•IQ1'. ._ - —• - IS (MOTHER: BRIDGETT_ FATHER: ANTHONY 0189 ( POFIM{r CSFICEa AIOei Eiw01Mt111tN �" egrt AP NG TrPaST y7>c AwO lntC aEPOaT T't•FC v�l� ROSS :0165 14/19/95 730 :54 PM _4/19/95 7 :31=4 ry r SL's4r� a'r.,s y c r jinx Irl s' S�. _��ia ::..:.•���'s`37>�'rv�,u�='s.t•./^�v_a+i,,*f� � s��te::.-.i�.��' �'"�..il4v4t. K`� ,�►•�.aysr ��"TZYiw/4�.�+'+�S•-Lif:�.vS ��: LJrrivnz:ll` Kt-pL)K I PERSON lNYOtVEu£NT COOES�A,ARRESTEE S-SUSPECT K.oy v-ViC1M C•COMPLAINANT J-SU&IECT W.wTTNESS H,BUSINESS VICTIM O•OWNER - Cw ^c•cs�.__�^'mri.a..-.= :�•v,,..,n,-.�.-�-� > n�'`E -....-T�.r 8ti_..t`n - ` -- c7.G __�J TDR. SHIKORA � ( ) - (510) 674-22 - •c.oaE:3- - ...-_._ ...may 2450 EAST ST iCONCORD +CA�94519 - .' VEHICLE 1NVOLVEMENT COOES.' A.ARRESTEE S•SUSPECT R.RECOVERED N.STORED P,P_APKEO V,VICTIM X.=LEN I-IMPOUNDED O.RELEASED TO OWNER Z•RE% avt ueExsc` ^^��nrte E ms• -- - '- �wo06. �iY OOICSA IV"", _ — •i• - _ S 2DRR451 A/96 CHRYSLER ANEW YORKE DR ,BLUE �R6C3£1t+:L0 CWNER +DOAE.. /1C701T71GM.t QL GlL:3V12iON,UM�ViP,AT1lR�^ �V.(VC— - — irARAATIVE - 0 .00 I WAS ADVISED BY CPD DISPATCE THAT MT OIA.BLO SECURITY WAS REPORTING A DOMESTIC DISTURBANCE IN THE EMERGENCY ROOM BETWEEN A HUSBAND AND WIFE. THE DISTURBANCE _ WAS IN REGARD TO THE FACT TEAT THE HUSBAND BELIEVES THAT THE WIFE WAS AWARE O' AND FACILITATED THE SEXUAL MOLEST OF THEIR 2 YEAR OLD DAUGHTER, JESSICA. I ARRIVED AT THE HOSPITAL AND SECURITY POINTED OUT THE MALE HALT OF THIS PROBLEM SITTING IN HIS CAR IN THE HOSPITAL PARKING LOT. WE WERE INITIALLY ADVISED A GUN- WAS MENTIONED BY THE MALE IN THE VERBAL DISTURBANCE, BUT LATER LEARNED THAT THE MENTION OF THE GUN WAS NOT PART OF THIS INCIDENT AT THE HOSPITAL. I CONTACTED THE MALE SUBJECT, WHO IDENTIFIED HIMSELF AS ANTHONY HORNBERGER, NEAR HIS CAR. -77 WAS CARRYING HIS DAUGHTER, JESSICA. HE GAVE ME THE FOLLOWING INFORMATION: ANTHONY SAID THAT HIS WIFE ADMITTED TO HIM THAT SHE ALLOWED HER GIRLFRIEND, PAM BENNETT AND HER GIcT,FRIEND'S SON, RAY BENNNETT TO MOLEST THEIR DAUGHTER JESSICA. HE BELIEVES THE MOLEST TOOK PLACE DURING THE PAST TWO WEEKS. .ANTHONY SAID HE DOES NOT KNOW ALL THE DETAILS, BUT HE DOES KNOW IT OCCURRED AT HIS HOUSE IN MARTINEZ. HE SAID HE BECkME SUSPICIOUS WHEN HE NOTICED SOME REDNESS AROUND HIS :) DAUGHTER1S VAGINA WHEN 1: WAS CHANGING ''HER. HE TALKED TO HIS WTFE ABOUT I"" AND THEY 5ECAME INVOLVED IN AN ARGUMENT THAT LASTED ALL NIGHT. HE FINALLY DECIDED TO BRING HIS DAUGHTER TO MT DIABLO HOSPITAL FOR A SEXUAL ASSAULT EXAMINATION. ANTHONY SAID THAT DR SHIKORA EXAMINED THE CHILD AND TOLD HIM THAT HE WAS NOT Y CERTAIN WHETHER THE CHILD H.AD BEEN MOLESTED. ANTHONY SAID THAT OR SHIKORA WAS GOING TO WAIT FOR SOME LA5 TESTS BEFORE MAKING A FIRM DETERMINATION. (DR SHIKORA WAS UNAVAILASLE:.FOR ME TO INTERVIEW) ANTHONY SAID HE WAS VERY UPSET AT HIS WIFE AND THOUGHT ABOUT KILLING HER. HE ' DENIED THREATENING OR INTIMADATING HER IN ANY WAY. I THEN WENT INTO THE HOSPITAL AND CONTACTED BRIDGETT HORNBERGER. SHE GAVE ME T' FOLLOWING INFORMATION: BRIDGETT SAID THAT THE ENTIRE INC_TDENT ST,' RTED .YESTERDAY WHEN ANTHONY MIS-UNDERSTOOD A COMMENT MADE BY HER GIRLFRIEND, . PAM BENNETT REGARDING BRIDGETT HAVING A FUN TIME WITH PAM AND RAY. (RAY IS PAM' S 19 YEAR OLD SON) ANTHONY IMMEDIATELY ACCUSED BRIDGETT OF HAVING A SEXUAL ENCOUNTER WITH BOTH PAM AND RAY. SHE SAID THEY ARGUED ABOUT THIS ALL DAY YESTERDAY. THEN ANTHONY SAW A REDNESS AROUND JESSICA'S VAGINA WHEN HE WAS CREANGING HER AND THEN ACCUSED PAM AND RAY OF MOLESTING JESSICA AND ACCUSED HER OF ALLOWING IT TO HAPPEN. BRIDGETT SAID THAT ANTHONY WAS HIGH ON "CRANK" AND WAS GETTING MORE AND MORE CONVINCED THAT THE MOLEST ACTUALLY OCCURRED. Hr- THEN BROUGHT OUT ONE OF HIS HUNTING RIFLES AND 'j CARRIED IT AROUND THE HOUSE THREATENING TO KILL HER WITH IT. SHE SAID THAT HE LOCKED HER IN A ROOM AT ONE POINT AND REFUSED TO ALLOW HER TO LEAVE FOR SEVERAL HOURS . HE FINALLY LET HER OUT THIS MORNING WHEN SHE SUGGESTED HE CALL CHILD PROTECTIVE SERVICES ABOUT HIS ACCUSATIONS. HE DID SO AND THEY RECOMMENDED SHE f TAKE JESSICA TO A HOSPITAL FOR AN EXAMINATION. BRIDGETT SAID SHE IS VERY MUCH AFRAID OF ANTHONY AND DOES NOT WANT TO GO HOME WITH HIM. SHE ELECTED TO CALL A FRIEND TO COME AND PICK HER UP THE HOSPITAL, I . vING trpt DAkic:; 7,M£eRP 7l TTPIE s'wo OFFXv Ia SUP ., ROSS 40165 - �=J /19/95. 7 :31_.5 <++v� >•arc.s�i'6T_'"�� V+ {. r^. {. � yF,? r..5 y. r4 ? r/ ar` ni !:'iw!Gp � yy y+.Y 1`" u rCu '..¢ _ OFFENSE REPORT 'a PAGE 3-- SUGGESTED — SUGGESTED SHE GO TO THE LOCAL POLICE BEFORE GOING- HOME FOR-A .CIVIL STANDBY, SHE SAID SHE WOULD DO SO. I CONTINUALLY ENCOURAGED BRIDGETT TO MAKE AN OFFICIAL POLICE REPORT REGARDING ANTHONY'S ACTIONS ON THE PREVIOUS EVENING. SHE SAID SHE WOULD AND I GAVE HER A DOMESTIC VIOLENCE PAMPHLET AND ENCOURAGED HER TO CONTACT "BATTERED WOMEN'S ALTERNATIVES" AND OTHER RESOURCES IN THE PAMPHLET. BRIDGETT DENIED ANY INVOLVEMENT IN ANY OF THE ALLEGATIONS MADE BY ANTHONY REGARDING THE SEXUAL MOLEST OF JESSICA. I RE-CONTACTED ANTHONY AND ASKED HIM ABOUT THE ACCUSATIONS MADE BY BRIDGETT. HE DENIED ALL OF IT AND SAID THAT BRIDGETT IS SIMPLY TRYING TO PUSH THE BLAME FROM THIS MOLEST OF JESSICA AWAY FROM HER BY BRINGING UP THESE LIES ABOUT HIM. HE PROMISED NOT TO HURT BRIDGETT AND WOULD NOT STOP HER FROM LEAVING OR TAKING THINGS SHE NEEDS TO LEAVE. HE PROMISED NOT TO HARM BRIDGETT IN ANY WAY. HE SPECIFICALLY DENIED THREATENING BRIDGETT WITH A•GUN BUT DID SAY HE HAD THE GUN OUT IN CASE. PkM, RAY OR THEIR FRIENDS SHOWED UP TO THREATEN HIM. ANTHONY THEN TOOK JESSICA HOME. I CONTACTED CCCSO RADIO AND SPOKE WITH OPERATOR "MIKE" . I ADVISED MIKE OF THIS SITUATION IN THEIR JURISDICTION AND OF THE GUNS IN THE RESIDENCE AS AN OFFICER SAFETY ISSUE. MIKE SAID HE WOULD PASS THIS INFORMATION TO THAT AREA WATCH COMMANDER. CASE CLOSED. . .FORWARD COPY TO CCC SO CHILD ABUSE UNIT. 0191 Vitt eaG OaGIC'ER 117 a^y BfaT 0nT£uD TIMI Wr To. FA074T/19/95 ROSS #0165 I4/19/95 7:30 :54 PM 7 :31:55 P . _,....�„ .,...S.�i....Y—w�i:i-i:�sr-+4._ "v_r._s*�dt+ +w..::L`___..�1'iSL•�_"i/.irL17Lf�•..ti%LNVaL�SifrA'7473���Mtila.'i�'J—:aw�CSR�V ��"-t:��4�'u�`*?���' ''�'��t� Q. E30X JVI, Mar-unez, Calllur I lira - 1.OR No, 2,C-4ry Code 3.Cr-a/Class,fication 4, Detail 1. 44 D A S k'c- 95-10679 Cen Assault With A Deadly Weapon 2. 6.Day/Date/Time of Occurrence 7.Date / Time Reoonec 18. Employee No, Wed, 4-19-95 L-19-95 137639 10.Address/Location of Occurrence 222 Anderson Way, Martinez 11. C:)PRI C)Vic 0 WIT 0 MSP r-I RUN Q SUS Q LEAD Q Olnef 12.Name(L.F.M) 13. Race 1 Sex I Age 14,008 15.Driver License No.. 16.Address (Zip Coca) 17.Home Phone 18.Employed By or Scriciol 19.Work Phone 20,Hair 21.Eyes 22,HL 23.WL 24.AKA Maiden Name 25,Social Security No. 26.Further Description(Scars.Tattoos.Mannerisms,Clothing,Etc.) fl 27. Booking or Cite No. 28, CI PRI 0 Vic L7 WIT 13 MSP [DRUN El SUS Cj-LEAD F-I Omer 29.Name(L.F,M) 30.Race 1 Sex Ace 31,DOB 32.Driver License No. .13.Address (Zio Coca) 34. Home Phone 15.Employed By or Scriciol 36.Work Phone 37.Hatt 38.Eyes 39.HL 40.WL 41.AKA Maiden Name j 42.Social Securtry Nc 43.Further Description(Scars.Tanoos,Mannerisms,Clothing,Etc.) 44.Booking or Cite NC 45. Q PSI 7 Vic Q WIT .17 MSP Q RUN El SUS C:I LEAD 46.Name(L,F.M) 147.Race Sex 8.005 49.Driver License No. 60.Address: (Zip Code) 51.Home Phone V --2-Employed 8yorSchaal 53.Work Phone l S4.Hair 55.Eyes 56.HL 57.WL 58.AKA 1 Maiden Name 59.Social Security Nz 60.Further Description(Scars.Tanocis,Mannerisms.Clothing.Etc) i 51.Booking or Cite 14c, 62.Van/Ves 63.Lic.No.(State) 64.Year 65.Make 66.Model 67.Body Sryje 63.Color Too L7 S 0 Vivi Bonom 69.Status 70.Registered Owner 71.R,O.Address-7 0 Lett O Impound 72.Towed to or Released to 73.Who has keys? Stared 74.Evid. 0 Yes 75.F/P OYes 76.Dispo of Evidence 77.S Missing 78,S Damaged No rlNo 79.Brief Synopi;ts of Incident (1) ML_n tal rpl2ort concerns the video tare and search of the crime scene. It (2) concerns the Canvass of the neighborhood surrounding the scene. (3) (4) (6) (7) ix-I 80.Ois0t)uticin 81.Additional Routing 7;00 MB OCOOA ODE FIL r-10 f7SR OV Olvivestigation C)Vice ONarcotics r7juv nC4roner 82-Reporting Deputy(Printl al Date Time written -lintefl. OR.C. OSHC M. Fisher -24-95 1530 MPropenyCk OACS r 4 OPatrofCaptain r-lCompt.01[c. OMarine Patrof &S.Approving Suov.(Print) 7.Date 0 Other FORMA (Ray.inq) 0192 7;q C-cinunuation CONTE -)OSTA COUNTY tHERIFFS DEPARTME --AD070000 aft&( `- rte' Supp+emenue .0. Box 391, Martnezz, California 9.4553-" 9 ME HRO t 1. OR No. 2, CTY C.00* C-nn-Alcas-w4cation 05-10679 1 L S. 1 -1 1 Ce ri Acqplllt Vii 4 2, Victim Nt. (L F,M) 7.0sia Ong.AwPorl 8. Emcwoyoo No. li 9.^Wreas/ Loc-ation of Occurrence 10,Susoocfs Name(L.F.M) 11.Prop"0*6cmPton: "Pounded,Aocaywoi Found.Lost Su>;*n-item Number.Articla,Quanery,SrandlMaka/Manulac%uref's Mo"Number,Social Nurnber,MiscalLangous Descrtotlon.Loci,.: Whorit Taken.Value,Incivot Total Loss-LIST IN FOLLOYANG ORDER:A)Currency,Notsit.:8)Jowe4ry:C)Oothing,Furs.0)V*hictox;E)Offics EovipmeAt.F)R&C10.—,V,. e. G)Fir"aria:hl Abtirano+d Goocs-,q Misc. 12.Ftocnvored hop" On 4-20-95 at approximately 0107 hrs., I received a telephone call at my residence from Sgt. Knutson. He told me, their had been a SWAT Officer involved shooting in Martinez and he wanted me to assist in the investigation— I arrived at the Sheriff's Department Fieid'Operation Building in Martinez at approximately 0140 hrs. and met with Sgt. Knutson, Sgt. Celestre, Sgt- Weckel and Sgt. Ingersoll. Sgt. Celestre, the lead investigator on this case, said, he wanted me to drive to 222 Anderson Way, Martinez to video tape the scene. Celestre told me, the resident at the house (Brigitte Hornberger), had already given her written consent to search the property. I drove to Anderson Way arriving at approximately 0305 hrs.. Upon my arrival, I noticed that the front yard and driveway of the property at 222 Anderson Way had been isolated from the street with yellow barrier tape. I saw that Sheriff's Department Criminalist Jerry Cauthen and Paul Holes were already at the residence and processing the scene. I video taped the street, yard, driveway and porch in front of the residence. I also video taped the interior of the home including all of the rooms within. I later placed the video tape of the scene into evidence. After video taping the scene I asked Criminalist Cauthen if he had finished collecting evidence. He said, yes. I then searched ail the cabinets, nightstands and dressers throughout the house. Inside the top drawer of the nightstand on the left side of the bed in the master bedroom, I found a wooden box (approximately 12"X8"X2"). Inside the box, I saw one glass smoking pipe with black residue on it, a chrome colored smoking pipe and a piece of folded white paper (approximately 3"X4"). I unfolded the paper and saw that it contained a brown colored plant material that appeared to be marijuana. 14.Ounri-b—uWn 1L.A00itionat Aouiiiig MB CC CDA nDE [3L CO CSR OV Olnvess%avon DYwae ONarccits-ces [Djuv OC*rocw [3Pr0WtyC&- [3AGS C Inuit MPO. OSHC 16.Reporting O0QVfY(Print) 17.Data/Time Vwiten E3PZtc0iCAV%aiA 0C0"X*-OIc- nMannoPIstrol — M. Fisher 4-24-94 1530 II 00trior 19.Aopro"ng Swov.(Print) 20.Suov,Na 21.Oats ih FORMS Mloy.11891 0193 CON i h I – --- I I.C. Box 391, Martine:., California 9.4553-G-- HRO t.DA No. C�- 2. 95-10679 2. cilly Goer. 6,VU:ZM Ni .#(L F.W) Lof tion of 'CccLycrence F.M) prop"oe&c"— onpovm*d.Aaco4w*41.Found.LOSIL S1040A-"M Numoor.AAA-Ja.0wnbly.SeZMd/LUk*/MXnuI"WrW'I Mo"Nurmbw.SOCW Nurnb*f,L4i"*t&n*0U%DwscriOU011.Lo,-i,. Wrwa T&Aag,4 Value,Iridwe Tout Loss.LIST IN FOLLOWNG ORDEFt;A)CLKTVMCY.14046C 8)J9wVIry;C)avating.Fur::0)Vehic4c E)Offca Eowlperwnt.F)Ftacsio,rvi.U- 0)Fitvarma:hl 1;6v&e6o'd Goods:4 Mac- Criminalist Cauthen took the box as evidence from the room. I did not find any other contraband or evidence in the house. After searching the residence, I walked out the front door and over to a blue 1967 Chevy truck licenser Q18481 that was parked in the driveway next to the house. This truck is registered to Anthony Hornberger. I found the Passenger side door of the truck unlocked. I entered the truck and searched the cab where I found a wallet with a driver's license in Anthony's name. I did not find any bullets guns or other contraband in the cab. I was unable to search the storage boxes on the bed of the truck due to them being locked. I saw a gray 1987 Chrysler New Yorker (license T'r2DRR451) parked on the street directly in front of the house. this car is registered to Brigitte Hornberger. I found the driver's side door of the car unlocked. I entered and searched the car but did not find any bullets, guns or contraband. After searching the two vehicles, I was joined by Detective Daly. Daly and I then did a canvass of the houses an Anderson Way. The following is the result of that canvas. Address: 115 Anderson Way, Martinez Resident : Boidy, Matthew Mark (D.O.B. 4-24-67) Phone: Home 372-0820 / Work (800) 852-8990 Time of contact: 4-20-95, 0620 hrs. I met with Boldy at his front door. He lives directly across the street from 222 Anderson. Boldy told me, at approximately 8:00 or 8:30 PM on 4-19-95, he heard his dog barking. He said, he looked out his front window to see what his dog was barking ing at. He stated he saw a marked Sheriff"s Department car parked on the street in front of his house. 14.Oatritavoon IS.AWMOrAl trig OB CC ODA ODE OL [30 OSR OV ONWcolics OJVV [3C*-orw 17.Des* Tkro YvT an C]Propary Ck CI ACS Oftell. C)FLO. OSHC I&.popw"Dep-try(Pant) p Parra CapWn [)C4MPL0Ir-- E)MwuloftrOl - M. Fisher 4-24-94 1530 ED ot-w 20. FORM 8 (N-rf.1/39) 004 __6bNTR -__'V5TA L;L)UP4 I I Zmr-r-w-, �0. Box 391, Martine- C.&Iiii0mia G64553-.L, HRO ArT $IPP40fr'*nUl -------- 4,0-vLad 4 ) DA NO. 2.Coy C004 1. s Fc _w 95-10679 e�Mn n 2. scx F.W) 7.Coto 0-0.A-0"' 10,SVW.0's Na"(L�F.M) Lacation of 'Occurrence 11. nsm Number.AnIrje.Ouanitty.Sr&r4/LUk6/�AsrjLjj&C%urwf1j Moo*Number,SwW Numb-,M440(tsm00us DescrMhOn.Loz. knpounaed.Pwcoywod.Found,LM SlOWIN -Oirr -V C1 ooming.Furs 01 Y*hic�ec E)Off4s Equipen*nt:F)Ajimo,T wrwe T&ksn.YWue,hduo4 Tool Loan.UST IN FOLLOYANG ORDEP,A)Currency.404W 01 JO Fk"rrm;KI 146100hOid GO00%;q Misr- 12.R+c�r+artrd Boldy said, about 20 minutes later, he walked out his front door and saw a uniformed Deputy walking down the street in front of his house and he asked the Deputy what was going on. He said, the Deputy told him, a man across the street was locked in his house and refusing to come out. He stated, the Deputy told him that he might have to evacuate. He said, a few minutes later, the Deputy returned and told him to evacuate. Boldy said, he got into his car and-drove away from his neighborhood to his girlfriends house where he spent the rest of the night. Boldy told me, he did not see or hear the man across the street during this incident. Boldy said, he has seen a man at the house across the street from him but he does not know him personally. Boldy did say that the man across the street is a night person whom he hears pounding and hammering late at night in his back yard. Address: 117 Anderson Way, Martinez Time Of Contact: 4-20-°510626 hrs. 7 No answer at the front door. Address: 123 Anderson Way, Martinez Time Of Contact: 4-20-95 / 0627 hrs. No answer at the front door. Address: 125 Anderson Way, Martinez Time Of Contact: 4-20-95 10628 No answer at the front door. 1a,O�ibubi?n n4i AQ�Aing I&AOOMQ (35 CDC [3DA rjDE OL 00 Ossa CIV CDCCN— []AjCS C ❑ OOIDii Tits Yrtiuvn n . LO. SMC ppoquy t pvm C M. Fisher 4-24-94 1530 ,&own [:)C4moL Oir- W&nrw ftrol ZV.Suoy.He. 21.DO* 00trw AoPrv"ng Suov.Iftint) FofL%A B (A".1/09) 0195 M C.0nUrurso0n Co?qTF",- WZ>IA vVun I i onr–nii., p.C). Box 391, Martinez- California 9-4553, r7 HRO CD 0 Supp4&,menTAI — ----------- 1.OR A T"' 2, 015-10679 I.cam 000.A--, 1. Exrooyoe Na. (L F.M) j7Z;;*r*&&t�Izcation of 7D_-currence F.�M) 11.Property 006crV"": nVtACWfV'%mo*04 Number.S-064,Number.MiscolLaneous DescrVion.L:�.:_, Vnpbunde:d,Aacovwsd.Found.Lost SU)40n-Um Number-ArtiJ_4-Ou*ntmy-Brand'suka/m* wrwv T&xwt YW-,tcivot Tout Loss-UST IN FOLLO"ING 0FkC>EP;A)Currency.Not-S)_*weir)r.C)Cwhing.Fun:01 Ywhicioc Ej Of ca Equiperamt.F)FLXnQ._'VL G)Firearms:KI k6us0hOid Goods:Q Mil' 12.Aacowwvd PrOPOM S Address: 131 Anderson Way, Martinez Resident: John Howard (D.O.B. 2-12-66) Phone: 228-6444 Time of Contact: 4-20-915 / 0630 Howard said, at approximately 1240 hrs on 4-20-95, he heard what sounded like a gun shot. He told me, he looked out the side window of his house and saw a Deputy running toward front and side of the house across the street from him (222 Anderson). Howard told me, he did not see or hear anything or anyone else. Address: 128 Anderson Way, Martinez Resident: Augerinos, Dan.(D.O.B. 9-9-55) Phone: 228-0566 -7 Time Of Contact: 4-20-95 J 0635 Dan told me, on 4-1995 between 9:00 and 9:30 PM he walked out his front door to get into his car. Dan said, a Deputy who was in front of his house, told him there was a S.W.A.T. situation and to go back into his home. Dan stated, he then walked back intohis house and did not hear or see anything else unusual. Address: 200 Anderson Way, Martinez Resident: Lewis, Kelly (D.O.B. 3-28-59) Phone.- 370-9518 Time Of Contact: 4-20-95 0639 Lewis told me, he was in his house at approximately 9:00 PM on 4-20-95 when a uniformed Deputy came to the door and told him to evacuate. Lewis said, he had not seen or heard anything unusual up to that point. He told me, he got into his car and drove to the parking lot of a industrial complex on Arthur Rd. (unknown address). Ii.AWmomai uriq Call C3S C3C [:]DA [3DE [3L 00 MSA Dy C3 it son [3 vice [3 NWC*OCS M_guy C3 c4ror- 0 F4oparty Ck. OACS []W-611. MR-0. [3SHC I L P490MM9 009%"(ftnt) 17.Dan I Time"r80m Op= C.Wajn 0C4ffVLCXc. Mkianneftrof M., Fisher 4-24-94 15_30 ' '1.Dan Su FOFW 8 May.1/39) 0196 C-&N-tp --"0STA-C:0UN7Y-SHEB11-r Z) Ldr-r-^—- -- 7-- �C. Box 391, Martine:.. Cafifornia 94553-1L- j 71 HRO p Ar*cr. 4 Do LA.1 :AY C-004 CIO 95-10679 dl. F.M) 7.Date Ong.P"Por' {. Emproyee No. L=ZaElon of -Cccurrence 10.S,04oci's Nam*r..F.M) 11.Prop"0064r"Ocu AMJcJik Ousnitty,Besr*41L"k@1M&n�A&CturW,j L40doj Number,Sdrisi NL*rb*r.1A4C*1L%n00u%DvscrrPhon.Lo,-v- k,po,jr,ded.nocovwpd.Found.Lost,SU*-•K*rn Numb*( wrwo TaTakaoWus.kvJud4 Total Loss.=IN FOLLO'enNG ORDEFL A)Currenc-f. jeweiry Ll OMing,Furs:0)V*NCSe E)0MC-0 Equipment;F)K&o,o.rvs.jr.: 43)Firoam-4;hl k6usat-,old Goods:q Wsc- Lewis said, while he was sitting in his car in the parking lot, he heard what sounded like a gunshot around 12:30 A.M.. Address: 226 Anderson Way, Martinez (This address is next door to 222 Anderson) Resident: Melendez, Javier (D.O.,B. 5-29=54) & Cordova, Dolores (D.O.B. 3-23-45) Phone: 228-1926 Time Of Contact: 4-20-95 10649 Melendez told me, at approximately 9:00 P.M. on 4-19-95, a uniformed Sheriff's Deputy came to his front door and told him to evacuate because the man next door had a shotgun. Melendez said, he refused to leave because he didn't want to leave his dogs alone at his house. Melendez stated, after the Deputy left his front door, he and Cordova watched television in their living room. He said, they both looked out the front window of their house several times during the next three hours and saw uniformed Deputies running around the front of. his house. He said, they did not look to see what their next door neighbor was doing. Melendez told me, approximately 3 hours after the Deputy had come to their door, he and Cordovawent to bed. He said, .while they were in bed, they heard what sounded like a gun shot. Cordova told me, after they heard the shot. they looked back out their side window and saw a man laying on the front porch of the house next door with approximately 20 Deputies standing around him. She told M6, she could not see whether the man was laying face up or face down. Melenderez told me, approximately 4 hours before he hearing the shot, he heard a Deputy in front of the neighbors house trying to talk the man out of his house. [Do C)C C]DA CM C]L 00 CISR EIV C4rorw 13K—o- 16.papo-ng Ooputy(Pnno 17.Oew I TxTw Mori rjProWtrCk. [3ACS E)U**iL C)FLO. EDSMC -7 -24-94 1-53 M. Fisher C3 Pan C4K*sin C3 C;orrO.01c- C3 wiavir.*payrol 4 0 R 21.Dow 2 19.APPrv"SQ%-.CF"T1nQ Suer.No.oto*. Foiftm 8 M".lra9} 4197 CONTR'— —J-th TA UUU 1`4 1 1 .'C). Mx 391, Martinez— CafifOmis 9-4553-C` ❑HRO 2. . C 4.Doui.1 S rke DA NO.5- 3r\oneil , I -- 2. 910679 Cerl F. Cie is Ong.P-evor, S. EmOoro*No. Aodr"SILOC-ation of F.M) ticj ry C% .1 Model Nurnbw.so-M&I Number.M.".0ous 0"WIM10M.Loci knpogrode,d,nocovwvd.Found,Lott.S1,04M Rem Numosr-AX a-0 ana e6rsr%d/ Uk*/"nuix urw I Cirri,, sota,rV...C,: Vfh-v Taken.Y%Ive,hciuo4 Tout Lo"_LIST IN FOLLOWNG ORDER A)Currency,N04 WC 8)Jew eiry.I-)C3oming.Fum 01 vvhici�E)Office EA,i mt:F)A Firearms:hl K&*OhOld 0000C q MAc- wvd Prop"S ---------- Melendez said, he could not remember what the man was saying. Cordova told me, they didn't really know the man who lived next door to them but he often kept them awake late at night making pounding noises working on his house. Address: 198 Anderson Way, Martinez Time Of Contact: 4-20-915 / 0655 No one answered the door Address: 196 Anderson Way, Martinez Time Of Contact: 4-20-915 1 0656 No one answered the door After interviewing Cordova and Melenderez, I returned to the Sheriff' s Department Field Operation Building where I worked on other unrelated cases. Later in the day, Sgt. Celestre asked Sgt. Ingersoll, Inspector Leary and me to return to Anderson Way and hopefully make contact with someone at the residents I had previously been unable meet. See Sgt. Ingersoll's supplemental report concerning the contacts he made. I met with the residents at 232 Anderson. Address: 232 Anderson Way, Martinez Resident: Smith, Kathleen Marie (D.O.B. 1-28-61) , Smith, Jay (D.O.B. 7-19-60) Phone: 370-2354 Time Of Contact- 4-20-95 1 1225 Kathleen told me, at approximately 8:00 PM on 4-19-95 a Sheriff's Department car drove by her house and shined it's spot light at the front window of her home. She said, she walked outside to see what was going on and saw the Patrol car driving I&A60MOrAl A.Oc=tbu,*on ung pa 0C 0 pDE OL DO 0SR OV [3-%UV c3c4cor- Prowly ck. ACS 6rre11. r❑-1 PLO- 13 SHC 16.Pwoortriq Dog,rry,(Pnnt) 17.Dc" Tirne Yv'reven M. Fisher 4-24-94--1 39 i 000M,*o1c. 19.Apor--9 Supy.(Print) 20.Supt.No. 2L Dow FORM I3 (AW.1/39) 0198 -:n. Box 391, Martirte-Z. 2.cery C-.** 1.Grxrw/Ctlasartltat.ar+ 1 2. r%O 4 95-10679 TiW i t 7.Cam Ong.P-OVOO S, EnU>Ioy+,*No. 6.VxZrn N�. �j(L F.M) ,,AWrO*&/ Location of -OCCttrrence Found.Lost SW4A-ftwm Wrwo T"art yWug,kvJuo*Taut Loss-LIST N FOLLOY4NG OROM A)C6xrvnCY.M040L 8)Jvweiry;C7 Owning.Fun.;01 vehiciac E)OMcs EQviwnomt:F)Fkamo,Tvs.v G)Fire*-*. GOOC%:q Misc- 12.POcoverw PrCOOCTY Z down her street. Kathleen told me, she also saw a white older model compact car parked on the street in front of the driveway of her home. She said, she walked up to the car and saw Brigitte Hornberger sitting in the passenger seat of the car, She stated, she also saw a white female in her 40s with short brown hair whom she didn't know sitting in the driver's seat. Kathleen stated, she walked over to Brigitte and Brigitte told her, she was having problems with Tony (Anthony Hornberger). She said, Brigitte also told her,Tony believed that her boyfriend had molested her daughter Jessica. Kathleen said, she had just met Tony last Sunday but she has known Brigitte since High School. Kathleen said, while she was standing by the car, a uniformed Deputy Sheriff walked up to Brigitte. She said, Brigitte told the Deputy that Tony had a shotgun and handgun in his truck. She said, Brigitte also told the Deputy that she did not want to go to her own home because Tony had threatened her with the shotgun at the house the night before. Kathleen said, Brigitte told the Deputy that she just wanted to get her things from the house and leave. Kathleen stated, the next thing she remembered was 2 or 3 more uniformed Deputies arriving in their marked Sheriff's Patrol cars; Kathleen said, Brigitte and her friend from I m the car walked into her (Kathleen's) house. 2- Kathleen said, while they were in the house, Brigitte's friend offered to help he'r in a anyway she could before she (the friend) walked out of the house and drove way in, her car. 14.Dcmibuuon Is.AA=MOFW iiq [DS CDC C]OA COE OL [30 C36Ft OV p4p*mN Owpuiy(P(int) 17.Date TimeVWf9- proWty Ck. [3^CS [3 knWL C3 FLO. 0 SHC 6.M. Fisher 4-24-94 1530 C3P*o Camin C]COMPLOft. [3W&f?A*PM-' 12.APPrOYvn Sup.:(PTInQ 2q. 21.Dow FORM 8 {Rev.1/59) 0199 Box 391, Martinea. ralltOrniz AXT C ZI DA 2,ccy C4%" 95-10679 C.--nAce 7i Hh r (L F.M) 7.Dar Ono.AWPOW, Add.-"&/ Location of -OcCurrence F.Mj 11. Too"00ficnPoon: M*0#4 NumbW,SWiAl NUMIDW.M"I&n*Ou%0"Crcuol. Impounded.Facovwwd.Found,LM Sw4m-R01-Numb*(.Arbele.OusnUty, Wrw*T*Xw%Valva.kvi-voo Total Loa.UST tN FOLLOYANG ORDER A)Cunt ICY.NO(W B)jqwb4q:C)Clotming.Fur&;0)Vehic�ec E)00tcf EQui0nwnt:F)RA010. i-Vc. P;6uc�rnoid G0001:4 Misr— Kathleen stated, while they were in her house, several Deputies wearing black uniforms came to the house and had Brigitte draw some diagrams of her own home. Kathleen told me, sometime after that (unsure of exact time), she overheard someone on her Police scanner say, the suspect was at the door with a shotgun. Kathleen told me, she can not see the front of Brigitte's house from her home and she did not go outside her residence during this incident after Brigitte came inside. I asked Kathleen if she had heard any shots being fired. She said, yes, she had heard one shot coming from the area down the street at Brigitte's house. She said, after hearing the shot, she heard someone on the scanner saying the shot had been a nonlethal round. She told.me, she also heard someone on the scanner asking for a code 3 ambulance. Kathleen stated, she also remembered hearing what sounded like confusion about who had fired the shot. She could not remember what specifically was said however. Kathleen said, after they heard the shot, Brigitte started crying. While I was at.the house, I also spoke with Kathleen's husband Jay Smith. Jay told me, on 4-19-95 he drove up to his home at approximately 8:00 PM and noticed several Sheriff's Department Cars parked in front of Brigitte's house. Jay said, he walked into his home and saw Brigitte was there. He told me, he concentrated on taking care of his kids and his dogs and keeping them in the house away from what ever was going on down the street. .4 Jay said, he remembered hearing someone on their Police scanner saying they didn't want to raise their head.up because the suspect had a shotgun. Jay told me, he took his children into his bedroom and he and his kids went to sleep. IA.Doffibuzon [3B CDC C)DA C)DE CL []0 M&R OV 0KWC7t$C3 rljvv CDC4R son ft..04"Ck. W"L C]R.O. 0 SHC I&papo-mg 0wourty(FInno 17.Dow TWr* I M. Fisher 4-24-94 1530 OPOW capwn []Co.-PLOfC_ Mmanfwftrol rti 12.ApproyuV Sum"'.(Print) 20.Sup-c.No. 21.Dow FORMS (S".V89) .0200 7 A (�S„ppi.cr+.ncs! D. BO7C 391, tvtariineti ca�ifOttliB � -'' U'Ho L I.OR No. 2 C+ry Gado a.CnmoCaaa.rrt.caton .Doul Lc 7 L..' 95-10679 Cpr aA c _111t- Wi r1 6.Vc9rn Nti.J(L F,M) 7.60»Ona.Aeport rtioorw+1 Location of �>Cct:!`):r ence 10.suapecfa Nom.(L tt.Prcperry Descrvock% bnpoundsd.P-wvv red.Found.Lott StopsM-�T+Number,ArtiCta.Ou•ngry,Srandlltat.tManvlactlrrat's Modal Number,Serial NumbW.MbtalLnoous D*auc>uon.Lxs wrwe Takaim,Valva.lnclvoa Toul Loss-LLST 1N FOLLO"NG ORDER A)Currency.Naos 8)Jr-airy,C)C prima,Fun:Dl VrnlcioC E)Oft.Eaulpm+nt;F)Radio.TV&. r O}Firosmn;!'(}Hbua++dd Gocas;q Miac. 12.Secorered FYaparty S He told me, he did not hear a shot or know anything else about what happened at Brigitte's house, Address 330 Gilder St., Martinez Resident: McDonald, Virainia Maria Phone: 228-8290 Time Of Contact: 4-20-95 1340 On 4-20-95 Sat. Celestre asked me to call a John McDonald at 228-8290. He said, McDonald apparently was a family friend of Anthony Homberger and might have some information regarding this case. On 4-20-95 1 telephoned .the number and spoke with Virginia McDonald (John r McDonald's wife). She told me, John was currently at work but she would have him call me back as soon as he got home. I asked her if she knew anything about,this incident. Virginia told me, on 4-19-05 around 10:00 PM, she was at her home when Anthony Hornberaer called her. She said, Anthony asked to speak with her husband in a very -i casual voice so she gave the phone to John. She said, John could tell me about the ' phone conversation he had with Anthony. Virginia told me, she and her husband have known Anthony for over 15 years. She stated they had met Anthony during Karate lessons and had become friends. She said, they did not socialize together much because they were strict Mormons and Anthony was a "partier and drinker". She said, Anthony was a handy man who lived on their property for about 2 years. She said, he had converted a barn on their property into a studio apartment which he lived in. c3 1<.Davibuoon Ii.AO*M*nal n4 _ ... Oa OC ODA ODE OL Oo OSR Ov -r O k* ,pn ❑v1a. O Nareotle� 0 1w O Corw+er O Property 0. O Acs O Ir"L O FLO. ❑&HC 16.Asaoreng DequTy(Print) 17.Dem t Tkrw`fWia.n ' OP= C.pwn O conVi ole- O Msrtne r ra>a, M. Fisher 4-24-94 1530 19 ApOrvv"su9r.(Prinq 20.suer.No. 21.Dox FOFUt$ oNev.11119) 0201 O. Bax 391. Martinez;C "ilornia Lj Lj A.-e r C3 SuP040M.Wnul I 1. �C�- 4. A. C>*u1-1, LL L274- -2 DR - 95- C,,Y 10679 A T '41 6.VCttn N.. .j(L F.1A) 7.IS&Ta Ong-P-00011 i. Emoioyee NO• tion of -Occurrence 10.Su,&ooct a?'"me(L,F. 11. lrnpo r4cd.gecoywod,Found,Lost Stolen.K&M Number.Amki(j.OvantlTy.Brand/tAaks WA nuiscTuT of's Mo"Nurnbw.Social Number,W&CWltAn*0us OrscrIcts0n.Lo,-j WrW%T&kwYahn,h6udt Total Loo-LIST N FOLLOWNG ORDER Al CucTency.H040C 81 Clocning,Furs;01 yehiclea:E)CKhca E*uiPff-nL F)Racia,Tv L. KN.ea�t'+o+d Goods:Q Misc- 12.A&CjCP4W-W MVP"Z Virginia stated, Anthony had told her in the past, he had been divorced several times and was always fighting with his wive8. She also said, he had told her, he had a "lot of hatred for his mom" but he never told her why. John McDonald had not called me before my days off started on 4-21-95 at 5:00 PM. On 4-24-95 1 spoke with Sgt. Celestre. He told me, he had spoken with John in person and I no longer needed to contact him. Ob DC C)DA C]DE 0L [3 0 C]SA pV oy— c3Narcotic: c3jvv c3c4r— rj Prot arty Ck C3 A= 0 O"L C3 PLO. [3 SAC 16.Aepoa"O&Wty(PnnQ 77.Dom I TkTa wrftfn [3 Put CAPWn [D C4MPL Ole- [3 Martme Poral M. Fisher 4-24-94 1530 20. T_ FORM 6 (A".11391 0202 CONTRA COSTA COIJI= CO PY OFFICE OF SHERIFF-CORONER CORONER' S REPORT CLASSIFICATION: Homicide CASE # : CR -0529 DECEDENT: Hornbercer Anthonv Louis LAST FIRST MIDDLE DATE REPORTED : 04/20/95 TIME REPORTED :- 0140 HOliRv DATE OF DEATH: 04/20/95 TIME OF DEATH :- - 0110 -HOUR REPORT BY INVESTIGATING DEPUTY CORONER: Steve Youna AKA. OTHER i .D . :. CDL# A0219236 DOB: 08/05 /52 AGE : 42 YEARS (UNDER ONE YEAR : -MOS . DAYS SEX : M RACE : w EST. HGT: 7! EST. WGT:- 165 HAIR: Blnd EYES: "lzl S/S t'r : 550-88-9793 USUAL ADDRESS : 222 Anderson wav PHONE -r : 510-370-2446 CITY/STATE : Martinez , Ca 94553 CITY LIMITS : YES— NO. : iR IDENTIFIED BY: DATE R TIME: fS ADDRESS, CITY/STATE, PHONE;: OTHER INVESTIGATING AGENCY: Contra Costa Sheriff AGENCY FILE # : - 95-10679 ASSIGNED OFFICER: Ortiz NEXT OF KIN 1 . Briqitte Hornbercrer Wife NAME OF LEGAL NEXT OF KIN RELATIONSHIP TO DECEASE- ADDRESS, CITY/STATE : sate as 0 RESIDENCE PHONE # : BUSINESS PHONE # : 2 . AUTHORIZED ALTERNATE NEXT OF KIN RELATIONSHIP TO DECEAS-7- ADDRESS, CITY/STATE : RESIDENCE. PHONE BUSINESS PHONE # : LEGAL NOK NOTIFIED BY: Unk AGENCY: Unk .. NOTIFIED DATE: 04/20/95 TIME : Unk HOURS HOW: Unk 0203 DECEDENT: Hornbercer, Anthony CASE # : CR 95-0529 PLACE OF DEATH ' LOCATION: Kaiser Hospital - EZ,R (i . e. Residence/Hospital-ER or IP/Public or Private Roadway, et; ADDRESS : 2000 Muir Road CITY LIMITS :— Yes CITY/STATE: Martinez , Ca 945173 CORONER' S SEAL: .-o PRONOUNCED AND/OR DETERMINED BY: Dr. Lozano REPORTED TO CORONER BY:. E/R Staff PHONE # : PERSON WHO DISCOVERED DECEASED: PHONE # : ADDRESS , CITY/STATE: BODY REMOVED TO:. Central Moraue ORDERED BY: Den . Yount Z=ICAL HISTORY REGULAR PHYSICIAN: n/a PHONE ADDRESS : CITY/STATE: DATE LAST SEEN: MEDICAL HX: INJURY INFORMATION DATE OF INJURY: 04/20/95 TIME OF INJURY: about 0032 HOU,:, LOCATION OF INJURY: Residence (i .e. , Residence, Public/Private Roadway, etc . ) ADDRESS INJURY OCCURRED : 222 Anderson Wav Martinez , Ca 94553 CITY LIMITS : No MAP LOC..TXN: 10 E-3 AT WORK: No HOW INJURY OCCURRED: G. S .W. to Body IF APPLICABLE, TYPE GUN AND/OR WEAPON: 12 Ga . Shotgun VEHICLE MAKE, MODEL, YEAR, LIC. # : MV STATUS : REGISTERED TO: (i .e. Driver, Pass . , Ped. ) ADDRESS, CITY/STATE : 'jTOWED TO: ORDERED BY: 0204 -2- DECEDENT:—Hornberaer— Anthony CASE CP 95-,0529 WITNESSES : (NAME, ADDRESS, TELEPHONE) 1 . 2 . 3 . 4 . IDENTIFIABLE INFORMATION (i .e. scars, marks, tattoos) T'Irls : Tiger URA Skull & X-Bones 11USMC Sure Death" ULA ,Mouse sitting in a Glass LLA INVESTIGATION REPORT DATE: 04/20/95 Hornberger was brought into the emergency room on 04/20/95 @ 0107hr. ambulance from home where he had been shot by a member of the Contra Cos`:. Sheriff ' s Office during a hostage situation. 1 went t o the hospital and metowith Sgt . E . Thomas and Dep.. McKeand of Sheriff' s Office ' and was advised or the following initial informatio : Hornberger had possibly been using methamphetamine and had gotten into a_. argumentwith his wife over 'a possibly child molestation of their daughte-r The wife apparently left the residence and the child was left inside with father. The Sheriff' s office is called and at some point Hornberger a=-- himself with a shotgun and possibly holds the daughter as a hostage . At sc7­_ point the daughter is released and Hornberger displays the shotgun. S .W.A.T. member shoots Hornberger with a shotgun loaded with a beanbag rounc At the hospital I observed Hornberger on a hospital gurney strapped to 'backboard. There was a wound to the upper right chest area. There was checkbook on his person along with other personal property. The checkboc.. name was for a Hornberger. Dep. McKeaad took the property into evidence . I contacted Sherif f s Records . Hornberger has prints on f ile . His book___ record listed tattoos that were similar to the ones on the decedent . physical description was also similar, a- D removed and tagged by me . Photo taken at the morgue . X-Ray to be taken ti time of autopsy. Dep. S . Young 0205 , OFFICE OF CORONER OF CONTRA COSTA COUNTY WARREN E. RUPF, SHERIFF-CORONER NAME: HORNBERGER, ANTHONY. LOUIS REPORT OF AUTOPSY CR 95-0529 POSTMORTEM AT: Central Morgue DATE : 04-20-95 TIME : 1445 Hrs . PLACE OF DEATH: Kaiser Hosp . MTZ DATE : 04-20-95 TIME : 0110 Hrs . AGE: 42 SEX: Male RACE : Caucasian INITIAL EXAMINATION Upon initial examination the deceased is supine on a resuscitative board. is lying face up with approximately 2-1/2 inch wide white tape tying forehead to the board, and then looped slightly downwardly over his lef-_ shoulder area . There is a resuscitative neck brace in place . There is . oral tracheal tube in place in the mouth which is approximated with tape a----: upon removal shows some me pinkish fluid. The anterior chest shows EKG There is. a intravenous catheter in place in the left antecubital fossa. T deceased is wearing a "Digital Compass" watch on the left wrist . There is sponge bandage over the right antecubital fossa which shows a possir__; _ medical needle puncture mark underneath- There is a intravenous ,,5j:.N catheter in the right forearm. The deceased is wearing a pair of long type pants which have been partially cut and removed. Underneath this he wearing a pair of blackish Bermuda type shorts which have also been partial- cut and removed. There is --a black belt which is open, and which is tied I '- 7" the resuscitative board. The deceased is wearing a single spaulding terin--- shoe with a white sock on the left . There is also a right spaulding shoe a. sock submit-Led with the deceased. EXTERNAL EXAMINATION The body is that of a well-developed, well-nourished white male a-ooearL-_- approximately the stated age . Rigor mortis is well developed in the uppei and lower extremities as well as the neck. There is rather promlne__ lividity noted posteriorly with some ISlanching over the pressure areas . T--:- head is basically normocephalic except for an injury posteriorly which wi-- -- be described below. The hair is brownish-gray and shows marked bi-fronp=-_- and parietal balding. There are two areas of peri-mortem . or postmor"..' abrasion in the forehead, each measuring about 1 . 0 cm 'in size with no gross recognizable underlying hemorrhage . The eyes have fixed equal pupils, haz=--' irides and clear sclerae . The external ears and nose appear unremarkable The upper lip shows a well kept growth of brownish mustache. The teeth ar= natural and in a good state of repair. No foreign material is noted with--: -. the mouth anteriorly and no evidence of hemorrhage or trauma are seen. ,chin shows a peri-mortem area of abrasion which measures about 1 . 0 cm diameter with no recognizable underlying hemorrhage . The neck is symmetrica- and the trachea is in the midline. There is no hypermobility or gratin(7 The left side of the chest and abdomen appear unremarkable. The externa-' genitalia are normal male descending testicles uncircumcised. The upper aT---,, 0206 HORNBERGER, Anthony Louis 2 CR 95-052 lower extremities stow no hypermobility or grating. The dorsal right uzc= arm and left dorsal upper arm and left dorsal lower arm each show a intri-ca- tattoo.­ The hands show some areas of incrustation as well as some regui=' areas of healing abrasion and early scar formation. The left upper scapul back shows two areas of apparent postmortem well demarcated pinkish areas z-- abrasion and dehydration measuring in total about 3 . 0 cm in diameter, w--,* - no recognizable underlying hemorrhage . EVIDENCE OF RECENT INJURY 1) The right upper anterior chest shows a shotgun wound of entry wr-, -- measures 2 . 5 cm longitudinally and . 8 cm transversely. There is an ar_ of abrasion noted about this which measures about . 4 cm in diamer=_ relatively uniformly and the adjacent skin surface appears otherwiS unremarkable . There is extrusion of right lung externally from wound. This wound is located 9 .5 cm to the right of the ante-, - midline and 146 . 5 cm above the level of the heels . 2) The mid posterior occipital scalp shows a peri-mortem area of b--, u-- laceration which extrudes minimal hemorrhagic fluid and exte-n-_ downwardly for a distance of about . 3 cm. On the surface this somewhat stellate shaped and measures about ! . 5 by 1 : 4 cm in size w-- -- some eversion of the edges extrusion of slight amount of foreign dig - type material, abrasion and blunt tearing of the edges, and irregul-= area of abrasion about it measuring up to . 5 cm in width- BODY CAVITIES The chest and abdomen are opened by a Y-shaped incision. There is a entran- wound communication with the right anterior chest wound into the right cher cavity and there is disruption of the anterior chest wall and the thirz- fourth and the upper portion of the fifth ribs, measuring about 5 . 0 cm diameter. There is noted about 1000 cc of hemorrhagic fluid in the r:.c::*.--, ..I chest cavity, consisting of clotted and unclotted hemorrhagic fluid, a-. about 1000 cc similar fluid in the left chest cavities . The diaphragm lean= appear remarkable . The inner rib cage lining- appears unremarkable except _= noted. The posterior mediastinum shows a hemorrhagic track extending frn the right mid to lower to the left lower thoracic column anteriorly, some fragmentation and anterior disruption of the vertebral bodies but complete transection. Upon dissection and examination of the mediastinu- there is noted to be extensive recent soft tissue hemorrhage in the lows posterior mediastinum with communication of the hemorrhagic track not above, through the lower thoracic aorta, with a area of almost comple- ... disruption over a region which measure about 2 . 0 cm in diameter. pericardial sac shows disruption in the posterior lower right side in an ar- measuring about 5 . 0 cm in diameter, with extrusion of hemorrhagic fluid. abdominal cavity shows no evidence of hemorrhage or trauma. From within 0207 HORNBERGER, Anthony Louis 3 CR 95-05- left chest cavity is recovered a plastic shotgun casing and some mini-,- blackish-gray debris . SYSTEMS REVIEW CARDIOVASCULAR SYSTEM: The heart weighs about 350 grams . The right basal side of the heart shows massive hemorrhage and disruption in an area measuring about 5 . 0 cm diameter and involving most of the- right atrium and portions of the. rJ-_-_ ventricle and adjacent major veins . The epicardial surface otherwise appeal- unremarkable . The coronary arteries follow a normal anatomic course -a-_ show ourse -a.-- show minimal atherosclerosis and widely patent lumens . The myocardium the left ventricle measures about 2 . 5 cm, in thickness and is firm, brown, a-- homogenous . The valves, atria, ventricular and endocardial surfaces and right ventricle appear unremarkable except for some hemorrhage and disrupt_-' -_ in the right side of the heart as noted above. The superior and infer-- -- vena cavae show the previously mentioned hemorrhage around them, a-- additionally there is hemorrhage around the point of passage of the miss throughthe mediastinum, as described above . The aorta shows previous-- traumatic mentioned changes but otherwise is widely catent with mini7,-_� atherosclerosis . RESPIRATORY SYSTEM: Both lungs are somewhat collapsed by associated hemorrhage . The right med-_ upper and lower lobes show massive hemorrhage and disruption over an a_-_ with flu-- measuring about 7 . 0 cm in diameter, wi�_ extrusion of hemorrhagic pleural subpleural hemorrhage and massive disruption. The left medial low= lobe shows hemorrhage and disruption as well, with similar pleural parenchyma changes . The lungs otherwise extrude pinkish, frothy - fluid within and the blood vessels show no evidence of embolization of occlusi"c- The parenchyma shows no areas of infarction except for the traumatic chant= noted. The trachea and bronchi shows some hemorrhagic fluid in associat-- - with the previously mentioned traumatic changes . HEPATOBILIARY SYSTEM: The liver is of normal size and shape. The anterior edge is sharp . sections reveal a normal internal architecture, coloration, and consiste . ,- throughout The extrahepatic bile ducts and gallbladder are unremarkat-- The gallbladder contains 50 cc of greenish-brown fluid with no recognizes.._' stones . RETICULOENDOTHELIAL SYSTEM: The spleen is somewhat enlarged and weighs approximately 350 grams . capsule is intact.. Cut sections reveal a normal internal architectu-- coloration, and consistency. The periaortic lymph nodes are unremarkab_! = 0208 95-05 . HORNBERGER, Anthony Louis 4 CR ENDOCRINE SYSTEM: The pancreas shows a normal , tannish-yellow, lobular architecture throughou: the adrenals have a normal cortex and medulla, bilaterally. URINARY SYSTEM: Both kidneys are of normal size and shape . The capsules strip with eaZ revealing smooth outer surfaces . The cortex and- medulla appear normal . pelves are normal , and the ureters course normally and patently to bladder which contains 400 cc of clear urine . GASTROINTESTINAL TRACT: The stomach is thin-walled and contains 500 cc of digesting food matter wh - is grayish-tan and well masticated. The mucosal surface and wall al unremarkable . The small and large intestines appear grossly unremarka'--- with the normal amount of fecal material within. The esophagus is intact shows hemorrhage around its lower portions as noted above . CENTRAL NERVOUS SYSTEM: The scaly is reflected, and there is no evidence of subcutaneous hemor-_r!%a- or trauma. The skull bones are intact throughout . Upon removal of cranium, the meninges are clear and filmy. The external surface of the bra. shows normal gyri and sulci . The vessels at the base of the brain a unremarkable . Cut sections of the brain reveal a normal inter-,-- architecture, with a normal amount of clear cerebrospinal fluid in ventricular system. The pituitary gland appears normal . The brain weir approximately 1350 grams . NECK: The anterior skin of the neck is reflected, and there is no evidence subcutaneous hemorrhage . The muscles-4and fibrous tissue of the neck ance- intact with no evidence of hemorrhage or trauma. The carotid sheaths their contents are bilaterally intact. The thyroid gland is unremarkable - multiple cut sections . The hyoid bone and thyroid cartilage appear intaz The wall and mucosal surfaces of the upper trachea, larynx, vocal cords , posterior oropharynx reveals some pinkish frothy fluid within. The lumen patent. The neck shows no evidence of fracture . The anterior cerv4, ,- - vertebral perjosteum and perispinal muscles appear unremarkable . MISSILE COURSE: The missile entered the right anterior upper mid chest area, coursed mark&f downwardly posteriorly and from right to left, into and through the r lung, the contents of the posterior mediastinum and the heart, through left lung, and into the left chest cavity. 0209 EORNBERGER, Anthony Louis 5 CR 95-05n - The missile coursed downwardly at a angle of about 301 , right to left at J angle of about 600 and front to back at an angle of about 451 (these f-gur=-. are only approximate) . AUTOPSY FINDINGS 1) Shotgun, wound to right anterior chest with: a . Disruption of both chest cavities, lungs, posterior mediastinum an. heart . b . Intrathoracic hemorrhage related to above . SPECIMENS TO TOXICOLOGY: Blood, bile, urine . CAUSE OF DEATH: Shotgun wound of the chest . PRESENT': WGlenn Wald, Pathologist' s Assistant, Cherie Martin, C. C. Co . Sheriff' s C.---' - Lab; Jim Hatchell, C.C .Co. Sheriff' s Patrol ; J. Kartou, C . C.Co . Sherif-.1" , Investigation; John Wasson and Robert Casket', C.C . Co . Distr7iFt Attorney' Office; Scott Daly, C. C.Co . Sheriff' s Administration LED/sms Louis E . Da �herty/ M.D . Date: Forensic Pahologiot 0210 dMINALISTiCS.LABORATORY DIVI.. q Sheriff-Coroner Department Contra Costa County BLOOD ALCOHOL REPORT t Laboratory No. : 95-03224-A Submitting Agency : CORONER-SHERIFF Case No. : 95-0529 offense : CORONER'S SAMPLE Requested by:DAUGHERTY Incident Date : Incident Time i Test Subject ANTHONY HORNBERGER TEST RESULTS Negative Blood Alcohol Remarks : :-BLOOD SAMPLE COLLECTION Location Collected : COUNTY MORGUE Location Date : 420/95 Collection i Ime : 0000 Collected or Witnessed by : DAUGHERTY EVIDENCE TO LABORATORY Delivered Date : 4/21/95 Case Type : DEATH Delivered by: YOUNG Container No. : Conditions : SEALED Method of Receipt: DELIVERED .i ANALYSIS Type : Coroner Remarks : BLOOD LS 11 U � n APR 2 7 f9c5 COUNTY CpR_NER MARTINEZ.CALIF. Date Acquired : 426/95 Analyst: Barosso, M. I certify,under penalty of perjury,under the taws of the State of California,that the above blood/urine analysis was performed during the regular course ci:- duties, and is a true and correct copy thereof. I further certify that I am qualified to perform these analyses pursuant to Tale 17 of the California Coc: Regulations,and that the equipment used in arriving at the results was in proper woridng order at the time I performed this analysis, Analyst Signature A&i�J ist Forensic Toxicologist 9 Executed in Ma;tinez, Contra Costa County, California Date: �,//� � � 0211 14 D t tSA wo. ' c7 c m 35- 'G 2 rjf? 4s�n 95-1.0679JGen ! HORNBERGER, Brigitte 4 Z9! 5 twation of f ,0_ —.renc•.e '° •H�ORNBERGER, ~Anthonv G �2 Anderson Wav, Martinez ti haCrr1t1 D-O , ':uo0W M�n+Or.to-&:fl�,r*+Cr v•crr+a-..o,r.a»vaK,o•,.l,,c,,c b,4 r a.e.pa=., v* fwftc Lca %W. r• bow..rmd- .IrwJ�.0„rr+w� ksf•e st ew w+a -ajf rtFvh►.D,W-QW&[1 o"- bo.�'v"r^�r) Low • 1 Mt iota A�+s++{+0&:VL A)G.rtsfc},k*WL t;-►r*�7�1�"^9 12 Late on the afternoon of 4/20/95, I received a phone call from Tim Murphy, S Hornberger's brother-in-law. Mr. Murphy told me that Hornberger' s family in the Clearlake area had learned of the shooting. Mr. Murphy was calling the Sheriff ' s Office trying to get any additional information that he could get. I told Mr. Murphy that I had been trying to contact either. him or his wife, Mona, earlier that day, but had been unsuccessful . I told Mr. Murphy that I wanted very much to speak with both him and Mona and that I understood that Mona had been in telephone contact with S ' Hornberger the day prior to the shooting. Mr. Murphy told me that .Mona had spoken several times on the phone with her brother the day prior to the shooting. Mr. Murphy said that as he understood it, Hornberger had initially called because Jessica had possibly been molested. Murphy said that his wife had spoken with her brother several times in reference to this possibly molestation. I told Mr. Murphy'.that I wasn't in a position at that time a to discuss all the details of the case with him over the phone and requested that he and his wife come to the Sheriff' s Office in Martinez for the purpose of an in-depth interview. Murphy spoke with his wife, and she agreed to come to Martinez on 4/21/95. We subsequently set up an ...appointment for 10 a.m. , on the 21st. My phone conversation, with Tim Murphy was concluded at that time. None of the phone conversation was tape recorded. Ori 4/21/95 , at approximately 9:48 a.m. , Mona and Tim Murphy came to the Field Operations Building . in Martinez . I explained to the Murphys that I would initially 'like to interview them separately. I would then speak to them together and see if I could answer any of the questions they had concerning the shooting. of S Hornberger. Mona Murphy then accompanied me to an interview room, where she was interviewed by me and Sergeant. Ray Ingersoll. The entire interview was recorded on videotape. x Orrsrwn CK DE L 00 CIA t7. !Tom CV,OWN CL II� O ", IIr�� Sergeant John Celestre --� M, n r...owM p c. CW— D is 00p e-s sw,pig ro s.w• «.o rt.A. oe+artitsor► w r.. �C •Y �'"�. Boz !91;i�S�rtiniZ: C,itttOf73s� �i��y-„r,.. Lr - L f+�sr SOC f Y Gey Gros �.Gr**reCiar+ticovo� 4 06hoos [t+ � t I4:.W1A ,.°""°• 95-10679 Cen A.D G '1 •�••� r.Ca ON ^moot, ' v,a+f�+ '#► F.hQ HORNBERGER, Brigitte 4/19/95 Llan of Uccvzrtr�ce x x.e�i►.�+.a.F.w► � Louiq 22 arson Wav, Martinez HORNBERGER Anthony i ►raGK'B 'L , . N�nW.=o a'Nu�M .41 s�s'ti'Ana Dee crwon.Lau 5ro ', �y..Nhyinf.*.�`tll�rte,Lne,l.o+ar•ir*N,M1Dt',tracii.a,.+ J'r M'Y y.AbI�L Yi�7 •�¢ON�Q rMrf.�i W'+•itll<��i't �ii.r�f�t r}��C TYs.RL_ N'�ere Tow.W.+t.lrt,+be Tou'Low•Lar h FOtS � CY�:yE N ti;r+^••^rra K*i61.o.ahoM 00c-ft A Mac I told Mona Murphy that I wanted to talk to her concerning the telephone contact or contacts that she had had with her brother on 4/19/95. : I told her I also had questions about her brother' s background and/or his- relationship with Brigitte that I would like to discuss with her. I told Mona that I had received information that her brother had called her sometime in the morning hours of 4/19/95 . Mona said that at approximately 10 a.m. , Tim had contacted her at her place of employment and told her that there was a message on the answering machine at their residence from Tony. Mona said that Tim played the message to her over the phone so that she could hear it. . She said that Tony ' s voice had sounded strange, she referred to it as sounding very flat. She said there was some difficulty in understanding the message and that Tim had had to play it three times before she was able to get the gist of the information. . Mona said. that Tony had left a pager number and requested that she contact him via pager as soon as she got the message. Mona said that she called the pager number and within approximately five minutes, Tony called her back. Mona said that Tony told her that Jessica had been molested, and he asked her what she thought he should' do at that point. Mona said that she immediately started asking questions as to why -he thought Jessica had been molested. She said she asked if there was .any physical injuries or if Jessica was suffering from nightmares or other symptoms of child molestation. Mona said that Tony told her that Jessica had bruising and "rub marks" in her vaginal area. Mona said that at this point, she told Tony that he should take Jessica to the doctor and that the incident had to be reported immediately. Mona said that it was at this point that Tony told her that Brigitte had been involved in Jessica 's molestation. Mona said that Tony told her additionally that Brigitte was gay '? and that Brigitte had admitted to him that she had been wiower.' x t�rerwaon Ds Dc DaDOE DL Do Dom Dv C o NNOP� i m v%wD Mrer�.'s D'AR "� x AWWIW OWW"P""Q ,T.Oeti /Tr et+t- LlP"W-V Ck DA= O'""" D~0 Dow- Sergeant John Celestre IIOPW POW s VWft if") 0214 COMWUAr— f S.,000—'s, I Dots.,,. 1 CRY C&" &LSIV. �5_10679 Icen A 7.C*W Cr4 Papa," 666�.I . gj �HORNBERGER, Brigitte 4/19 95 p%mofo 6-F.Ws Mr Ar �Ant`h- :I Aar" 'Occucreme 2,�, erso -tinez HORNBERGER erson Wav, Ma.. �NWVW�ft AOWYWVCL FOP%d.LM U>i*^-hp-kw"I� AOLCJ4.Ow&Ayt) Cl Owe""s r)P404 TVA.M_ A4 Cr 0-4).&W4AL Take%, *A.r4lWft To", involved in or had allowed the molestation of Jessica to take place. ' Mona said she again told Tony that he needed to immediately take Jessica to the doctor and to report the entire incident. Mona said at this point, Tony told her that Brigitte wouldn 't let him take Jessica to the doctor, and she again told him that it was absolutely necessary for Brigitte to go to the doctor and be examined and that the police be notified. Mona said that Tony then made statements that if he attempted to take Jessica that Brigitte would call the police and report him. Mona told me that Tony made statements to the effect that Brigitte and her father would prevent him from taking Jessica anywhere or doing anything with Jessica. Mona said that Tony made references to Brigitte' s father having money and social or political influence and that Brigitte ' s father would use his position and power to influence the authorities, courts, etc. , against Tony. Mona said at this point, she told Tony again that he needed to take Jessica to a doctor so that she could be examined. Mona said that she told Tony that if he was stopped by the police, he should just explain the situation to them and explain to them where he was going and why and if. necessary, the police could just follow. him to the hospital . Mona said at this time, Tony said he would go ahead and take JeLssica to be seen by a doctor. Mona said approximately twenty to thirty minutes Tafter the first telephone conversation with her brother, she called him back again to talk to him and find out what was going on. Mona added it might have been close to 11 a.m. when she spoke to him. Mona said when she spoke to Tony the second time, she told him he should bring the two girls up to the Clearlake area and once up there, they could try and sort things out and figure out what was going on. She-said at C)I rJC C)CA L U L7M pv map" 17,P" C OPI"wF4 CL rj*= xSf�`geantD"J"o]�7Celestre COWWOOD- OCONOON,_ r3hommPeas 29 UOr. ri.Dan Wow F4WV4 VCMA 9 Qk—IOU) 0215 t.AR fro. I Ctr Caw 1.L C rarworvrr+ S L>O 95-10679 Ce_ri A. rgiF.K HORNBERGxBie 4/19 x a ►G c.., ' L22 I�erson Way. Martinez HURI'iBF� ERAnthony tt IrtiD�D'a� Ars�rla.O +s+srp �rsr+C'14+L1'W"•A+rco+ra"•t 4r+Ci1 1iui+'.D�r.L�►v:Nor'.�tsar+ts.-+ac+,x DwsrrtRrt,o•,,tscatio^ MrC.R/-oyw74 fw^d.Lza� t6o.*^ F^.Di Lir'+�c�'Is-L)0 jY`K"'q"L 1}A41.o TYf. N'!Wi TJiY'. W.M.rC*.4a Tota'LCM•W�►+��� 'p�,�{1l ly G.�aRtc�.Matas,ai Jw 7 at rrvr-Ra K M�arihwa Gctoel R.wL this time, Tony made statements that he would never make it out of Contra Costa County alive and if something were to happen to him; the circumstances of his death would probably be different than what they appeared to be. Mona said Tony went on to say that Brigitte had a number of friends that were involved in the drug business, and it was these friends of Brigitte ' s that posed a physical threat to him and might kill him, if Brigitte requested them to. Mona told me that in either her first or second phone conversation with her brother, she had heard ' Brigitte in the background. Mona said she couldn't hear exactly what Brigitte was saying. She could just hear Brigitte talking ' and while shd couldn't really make out the words, Brigitte's voice had sounded very calm and somewhat "flat" . Mona then stated that there was some confusion in her own mind as to exactly what was said in the individual phone conversations with her brother. She said that due to the nature of the allegations that "Tony was making, she (Mona) was very upset, and she couldn't remember whether it was the first phone conversation or the second phone conversation where Tony had made statements about Brigitte having friends in the drug business and Tony being in danger, etc. Mona said that f while she couldn 't remember exactly which phone conversation .. these statements were made in, she definitely remembered the statements being made. Mona said that after the second phone conversation was concluded, she had not heard from her brother again until approximately 6 : 30 p.m. , on 4/19/95. She said that Tony called her up, and he was extremely upset and, almost crying. She said Tony told her that they had gotten back from the hospital and that the examination at the hospital had revealed that Jessica had been molested and that everything that Tony was afraid had taken place had taken place. Mona said that at this point, she asked Tony where the children all were. She said that Tony told her that Brigitte' s son, IA C38 cc L1 Ta'1 °� °� off.;,,., II II ash^!DrRRYPtr.oe. /Taw Op ep M DOCI r3~1 LI0LQ' fl Sergeant John Celestre - j�P 0 Colo^ CAN*or. II bow"wM.st M 00P s.P•(P. to t� wo rt.Gant y II -------------------- vow a 021 6 2 Ger �,r*+rjGsr+r+aaew+ i 4cru t.0A to. 95=10679___jCern A : sb •c,�o 7.oat►o� �"�"^ i ►w. r HORNBERGER, Brigitte 4/19 5 ! Lion of UoctXrznce ,a �..atsft'6 Nov"A- fi Z22 erson Way, Martinez HORNBERGER, Anthonv s tt J�raor"i Da�cr+/atrL tn,pa,rCaG.Fwavr+d Rytin+E,LaK#�yM•11r*�err.AracJe 0,*AWy &W4 M&U'L"%Abc%KW itrrd�M,rn+Dr.Lr+a t�Rt+r,YaarM1a�out Dwvpuer,LK,y,y� VI-WO Toru Wja.P%6.4+Tom,Lou•LW Vv Foux-Vow-G ON—OL N C*OffWcs.Macat t;.*VWr..C1 C+oe++np F„e16.D� .�Mcia► Q O�"t ia:r+�►shi Fl F4ao TYi.r�_ «6jwft"G«+a A Mac Justin, was staying with his maternal grandparents. He told Mona that Jessica was with him and that Jolene was with Brigitte. Mona said that she asked Tony some questions about Brigitte and her possible involvement with drugs. She said that Tony told her that Brigitte was "wiring" . Mona told me that she had no idea what Tony meant by wiring, at least in regards to drug use. I asked Mona if she was sure that Tony had used the term "wiring" and had not said that Brigitte was "wired" , telling Mona that the term "wire" is sometimes used in regards to methamphetamine. Mona said that she was sure that. Tony had used the term wiring. She said that she then asked Tonv if he was also taking drugs, and she said that Tony admitted to her that he had been taking drugs and that he was taking drugs to enable him to get through working on the house. I spoke with Mona about any past substance abuse on the part of Tony and/or Brigitte. Mona said that she had noted on prior occasions that both Tony and Brigitte looked thin and looked as if they had lost weight. She used the term dissipated. Mona said that Brigitte-had admitted on a prior occasion that she and Tony were *both using drugs. She -hadn't said what type of drugs that they had been using. Mona said that this was when Brigitte was pregnant with Jolene, and Brigitte had told Mona that she had quit using drugs when she discovered that she was pregnant. J I asked Mona if Tony had made any statements to her during the course of any of the telephone conversations on 4/19/95 as to who he felt or suspected had been involved in i Jessica' s molestation. Mona said that Tony told her that "Pam's" nineteen-year-old son. was the individual that had molested Jessica and that Pam was a friend of Brigitte's. • ,ira,w tr, >a owawwb� Me DC Dd► DOE DL L70 DWI nv ❑twro.ts D.O. ESergeant ! + tr.am ,Taft V*A"+ D � IIr�".r o•c IIFy,,,,, John Celestre 0Owr - t w-!►+r+r+v. W Ski" wo tt.oas Vows w•+•+n+, 0217 LJ F,4W=rw— C5 -OX JW11 Mal UIPM." . ­ 1 D ^0 CA CAY IEZ-7 C 2. 95-10679 Cen A.D.W. t cam CW 4 Vas. HORNBERGER, Brigitte ---------- &Ar/ ityc"Ation of Dr-currerrae 2 TncTe-rson Way, martinez.,.� HORNBERGE21, ~Anthony O"Wroft F*,,W.LW .%W. AA64 ON= S4.4w_Mi.n A4*4.rVa.M FOU *KM Mona said that Tony then made some statements to her about how he realized Mona had never cared for Brigitte and how Mona must have "seen through Brigitte" from the start. Mona said that these statements struck her as being very illogical and having no basis in fact. Mona said that she always had liked Brigitte and had cared about Brigitte, and she didn't have any idea where Tony had gotten the impression that she didn't like Brigitte. I asked Mona what else Tony might have said at that time. She said that Tony made some statements about having to raise his daughter by himself now. Mona said that Tony then told her that- he was going to have to go because he had some phone calls that he had to make. Mona said at one point, Jessica picked up the other phone and said to her, "Hi, Mommy, " apparently thinking that Tony was talking with I Brigitte. Mona said that Jessica did notr sound like she was upset; she sounded like she was cheerful and happy. 4 Mona said that after her brother had concluded the phone conversation, they didn't hear anything else until approximately 11: 30 a.m. , on 4/20/95. She said at that time," they were contacted by one of Tony' s ex-wives, who told them that Tony had been shot and killed by the police. I asked Mona what she couldtell me about Tony and his background, also his relationship with Brigitte and/or. any of his other ex-wives or girlfriends. Mona characterized Tony and Brigitte's relatio6ship as being "stormy and rocky" . Mona said that Tony did have a prior history of alcohol abuse. she said that Tony had fluctuating moods and that he had a "wild streak" in him. Mona said that there was a past history of spousal abuse. She said that Tony had told her about incidents where he had struck Brigitte. I asked Mona if Brigitte had ever told her about any incidents of spousal abuse or if she had ever seen any injuries on Brigitte. Mona told me that Brigitte had never discussed C3&A V 08 De OCK OL r3WC 'A.how V 0 0"kft P-W i Taft OP-I"W,%M C30= DOMO, C Ike. Sergeant John Celestre V 0 PW *OEM. Z VCftA 5 wWIM) 0218 .�•...-7 t 1.aA�• 2 � �GararMyvon 95-10679 Cen A 1,io ❑ I.4t ti OF'* ' "�'*"• "'�' �.wo HORNBERGER, Brigitte 4/19/95 2oor�aation of Occurcrenct 2nderson Wav, Martinez H �O� thonv ti rz:,a.-►s Crw�rt Atbe.J�.Ouan� 1rar+CfWrss'sk•arssc4F«'�uoov N�n+Drl-.Lr+a M.rr+Dr,v ^�''rut o..cro4a,.lscai,o" �aL Fv^d,LzW.uo*-•a.•"►i. +c+*'. CwrwngFwM Oi VVN4 .t1 0040 Lwv~ -n A&64 TVs.st - i TaW,Wat.l+r�.4o Toca•for •LSC'L�BGG N+c with her Tony physically abusing Brigitte or the children, and she didn't recall ever seeing any injuries on Brigitte. I asked Mona -how frequently she was on contact with her brother. She told me that' she talked with Tony on the average of once a month. She stated that she did not have an exceptionally close relationship with her brother; Tony led a somewhat different lifestyle than she and her husband. I asked her what she meant by that, and she again made references to Tony having a history of alcohol abuse and having a somewhat volatile personality. Mona said that she knew that Tony used to get involved in bar fights on 3 occasion and that he had done this even when he was younger and lived in 'the Clearlake area. I asked Mona what else she could tell me about Tony' s past relationships. Mona said that when Tony, was married .to Cheryl Cale that they had had a "horribly violent relationship" • Mona went on to say that in the relationship with Cole, both Cole and Tony had been at- fault on different occasions and that they had both exhibited violent behavior towards each other. I asked Mona what else she could tell me that would be of -interest or of value in my investigation. Mona told me that' her husband, Tim, had informed her of a prior conversation that Tim had- had with Tony. As Mona related it, Tony had told Tim about a past incident where the police had arrested him. As she understood it, 'Tony had had a gun with him at the time and that he had considered pointing thegunat the police so that they would shoot him. She said that Tony had also told Tim that at one time or another, he had considered committing suicide. I asked Mona if she had any idea approximately how long ago this conversation between Tony and Tim had been. She said that she believed that it had been approximately a year ago- �� i tis OWMAMI nr Da Dar` r3 CW L, DoD•••' L]PC•++^ Dom' a� Sergeant) JohnCelestre O ate.- ~ +wf••8 V—In$) 0219 Mit u+nu►;5�a,,,v .. - s.a � 1 G�4-�.t1--------•-�� t Irt+au 95-10679 Cen c... {' VWW% I";° HORNBERGER, Brigitte 4f19 95 ' `0 2 �tLion of Uccurreme x RN �.RG R, A 2 Tzderson Wav, Martinez HORNBERGER Anthony G 11 ►caJ1'T) r,!lC ti /J17fJ 1.oulH �inC'4i)!'�1i"J4►CQX� 1.�GCilr 1iJR49!'. �1L M.Irew.tW i."I�i #?si D—Vup",Lou M' hurtf�G. 7�!iS flrt+sE.LCK :7 •�Kn hLJ+ti bw- *Y tl1�w!T�►t.Wx.hrJ.p!Tau'Lw! .L6't I►+f GLL�G 0+47fR Aj Gv*lK+ty,hoc+l�•1�.lr+)'C1 atK+"''ii f,rs.C.�'''���C� f4"''�"�F"►tiG"0 Q;f nr-Ra K xiro Geoof W-C 12 I asked Mona exactly when the last time was she had seen Tony and/or Brigitte. She stated that the last time she had physically seen either one of them had been just before Christmas of 1994 . She added that at that time, when she saw them, they both looked thin and looked like they had aged, and this had caused her to believe that both of them were using drugs at that time. Mona had no additional information to offer at that time, and the interview with Mona Murphy was concluded.. At approximately 10: 42 a.m. , Tim Murphy was interviewed. The interview took place. in the same room where Mona had been interviewed and once again, the entire interview was recorded on videotape. I asked Tim about the conversation between him and Tony that Mona had made reference to. Tim told me that the conversation had taken place at the. Murphy's residence in the Clearlake area. Tim said that Tony told him how, on a prior occasion, while Tony was living in the Martinez area, the police had come to the residence to arrest him. Tony had told Tim that when he came to the door, he had a gun in his hand, and he considered pointing the gun* at the police officers. Tim said that Tony told him that he had not had any intention to fire the gun at .the officers, but he had considered pointing. the gun at them so that they would shoot and kill him. I asked Tim what other information he could ,give .me concerning Tony' s personalit,,y, past relationships, etc. Tim said that Tony had a "wild side" to him. Tim said that even when Tony was growing up in the Clearlake area, he liked to drink and carouse. Tim said that he had personal knowledge that Tony had been involved in bar fights over the years, and he was also aware that Tony had been involved in episodes of domestic violence with his wives and/or girlfriends. V L1• Dc Da Dc DL n° D$A n 08ON-Or l +u DOW- Sergeant John Celestre wr..t .e + •w*�i.+�!�"*+nv !o s,.• ao tt,c.,. _ D� s w• �n�t� 022� 4)A L C+7 Cara T_ 2, 015-10679 Can 7.o..On# I& VNCWRA*6 OIL CK HORNBERGER., Brigitte 4/19/95�� ­__�---------r- ------ 1: S. g kamw a.-F.W) I A4 Ation of occwrame HORNBERGER, Anthony 172/ITLn_�-acerson Way. Martinez 006WVOWL Vr,pCVft*p4.06%wyo-mi FV^4,Lzlr.U�- 040 rV&- t*-W*TO"&Wfa FOLL,0w OKDEK 14 CWTSMO-kWAL 1;'W"?/. I ;'W"?Y- I asked Tim if he had personal knowledge of these incidents of domestic violence, if he had witnessed them or if Tony had made admissions to him about these- episodes . Tim advised me that he had no personal knowledge concerning the domestic violence, but that Mona had told him about using violence towards his wives and/or girlfriends . Tim Murphy had no other significant information to offer at that time, and the interview with Tim was concluded. I then spoke briefly with both Tim and Mona and answered what questions of theirs that I could as to what had taken place. I withheld a certain amount of information at the time and . told them that there were facets of the case that I could not talk aboUt. My entire conversation with Tim and Mona Murphy was recorded on videotape. On 4/26/95, 1 was advised by LieutenantTom Moore of the Sheriff' s office Investigation Division that he had spoken to one of S Hornberger's ex-wives, Cheryl Cole. Cole is currently employed as a Sheriff' s Aide by. the Contra Costa County Sheriff ' s Office and is assigned to the Main Detention Facility in Martinez . Cole told Moore that she had information concerning S Hornberger as to his general personality and prior history. -Cole also told Lieutenant 'Moore that she felt that Hornberger would not have wanted the police to take him into custody because he would have been booked at the M. D.F. and since Hornberger had, knowledge that Cole was employed at the M.D.F. , he would have gone to any length to avoid being placed in the Facility. At approximately 1: 05 p.m. , on 4/26/95, 1 attempted to contact' Cole via phone. Cole was not at home, and I len a message with her mother for Cole to call me. At approximately 1:40 p.m. , I received a phone call from Cole and subsequently ' scheduled an interview with her for 4/27/95, at 11:30 a.m. On 4/26/95, at approximately 4: 45 p.m. , Sergeant Ray Ingersoll and I interviewed Reverend Kenneth Mindrup. 0% Oc ODA CC* OL 00 Do^ OV 17.01M I TWO CL 08NC C Sergeant John Cplestre C10"W 0221 a -arm" COT C.O" C 95-10679 Cen / AD Brigitte 4/19 PI n Or%C tion of Occurreme Mah MA22incAO-PlitErRowGnA , �nthorTnIerson Wav, Martinez Fooftd.LacL E)or IL F)K664 TM*Low-LAI K that Brigitte - Reverend Mindrup is the pastor of the church 4L. and Tony Hornberger attended. Reverend Mindrup had also been present on Anderson Way on the night of the shooting. The interview was conducted in one of the interview- rooms at the Field Operations Building, and the entire interview was recorded on videotape. Mindrup told us that he had known S Hornberger for approximately three to four years, and he had met S Hornberger through Hornberger' s attendance at the church. Mindrup stated that Hornberger has not come to the church on any type of a regular basis for the last several years. - He said he attributed part of this to the fact that Hornberger was extremely self-conscious about his balding head and that Hornberger usually wore a hat to cover his receding hairline. Mindrup said that he had had contact with Hornberger approximately six to twelve times over the past year. Mindrup said the last time he had had any contact with Hornberger was approximately one week before the shooting, when Hornberger had fixed a toilet at the church. Mindrup told us that he was aware of ongoing domestic problems between Tony and Brigitte Hornberger. Mindrup said that the domestic problems resulted in the most part from `-the use of alcohol and drugs, although Mindrup did not have any details as to the specific substance abuse problems on the part of Tony and/or Brigitte'. Mindrup said that , Brigitte and Tony had separated in the past,. but that they. had gotten back together. Mindrup told us that Brigitte would sometimes ta*ik about the problems associated with Tony' s drinking, but that Tony denied that his drinking was any sort of a problem and that the difficulties that he and Brigitte had in their marriage, plus the difficulties that Tony had with his business, were the fault of other individuals. Mindrup said that it appeared to be a classic case of blaming other people for U AAWSWO'IGZ;�N us DC DD& DOE OL Do MOR OV DjVV DCOWW. 17.Dom i Two U *4 how V OW."P-W Cr Sergeant John Celestre Ca pop"S q%ft-inn) 0222 ce-n A 95-1.0679 J T,Dan 04-% knoom 5 14 VCMM POL Z 96 HORNBERGER, 4 19- 95 BrigitteI $,60oct, L�>,-&T.i on of curreme Hop An.%----- T ­4 OM7GA, w thof4 ,NBERGER, 22 Anderson Wav, MartineZ. CA FOV,4.L":L MOOD.06&^Wl &-sm4/WaAa 1VA%AbMrW'S #,;OVrd*d,pa=)-� • c&orwmq Fbn.Qi'-� Tow Low -LVT V,FOLLZwANG DOCKPL 14 rw-VVI.WOUIL A.",-W-Md ftep" your own problems. Mindrup stated that Tony made reference to having financial problems because one of his ex-wives had taken his business away from him. Mindrup added that it was probably Tony' s drinking that had cost him his business. Mindrup said that in his opinion, Tony had a "special relationship" with Jessica. Mindrup didn't mean this to imply that there was anything out of the ordinary in the relationship between Jessica and her father, just that Tony probably felt a greater bond between him and Jessica than he did with his other daughter, Jolene. I asked Mindrup what his general opinion was or his impressions of Tony, as far ' as Tony' s domestic life. Mindrup said that in his opinion, Tony dishonored his family members, due to his drinking and his abusive and rude treatment of the family members. ..I asked Mindrup how he came to be at the scene on Anderson Way on the night of the 19th and the early morning, hours of the 20th. Mindrup told me that he had received a phone call from the Sheriff' s office at approximately 10 p.m. They asked him to come down to Anderson Way and explained to him that there was a hostage situation involving Tony Hornberger and that Tony had his daughter, Jessica, in the house with him. Mindrup said that he came -down to the scene and initially, they had him sit in the Command Post while they were setting up communications with Tony, but then they had him move to a residence several doors down from .the Hornberger house and that he stayed at this house, with Brigitte. Mindrup said that somewhere between 12 and 12 : 30 a.m. , an officer came into the residence and told him that it was "a waiting game" and that they were trying to negotiate with Tony. Mindrup said the woman whose house they were in had a police scanner and that they were able to listen to the scanner and keep abreast of what was going on. L1s D= Lia c* D$A n" ................. U _ 71 C3V%M OMMvp MAry 0" 1 Too""NIVN IF DIM&"fll� Opi"WNCL CA= Do", a Sergeant John Celestre r3 P0,6 *OV $%*TOP t3oww 0223 95-10679 Cern A D 236 S V OIL .0 HORNBERGER, BrifLtte - 4/19/95 VC &,&Peet a bl) I Aar 22 ,sLion of �>_-curreme HORNBERGER Anthonv TQt Anderson Way, MartinezI ===w� %I prow-?)DOWWOWL fL4,_4bC%K or's LLOOO NWM%bW.901%L,4-~ Ar=lc OwSAPi wouchm E) C1. Gacos A we U Aer.o-�rwG Flow,4 a Mindrup said at one point, they heard a transmission come across the scanner. The context of the transmission being that Tony was at the door to his residence, that he had the shotgun at his side, and Jessica was approximately six feet in front of him. Mindrup said that shortly after they heard that transmission, they heard a boom, which they took to be a gunshot, and then soon after that, they heardanother transmission across the radio. That transmission being someone making the statement, "It was a non-lethal round. " Mindrup said that shortly after they heard the sound of the gunshot, within minutes after the shot being fired, an unknown officer brought Jessica into the house where he and Brigitte were waiting. Mindrup said that shortly after that, another unknown officer told him (Mindrupp that Tony had been shot with a beanbag round and that he "had a pretty good hole in him. " The officer told Mindrup that Tony was going to be transported to the hospital. Mindr p said that within minutes after that, the fire department and ambulance were on the scene and that Tony was subsequently transported to the hospital. Mindrup said that the officer� also spoke with Brigitte Hornberger and gave Brigitte basically the same information. 'Mindrup said that after Tony was transported to the hospital, he left the scene on Anderson Way and returned home. Mindrup said it was the next day when he learned that Hornberger had subsequently died as a result of the wound he had received. Mindrup told us that he had no personal knowledge of violent behavior on Tony' s part, i.e. , he had never witnessed Tony acting in a violent manner, nor had Tony ever admitted to him that he engaged in violence. Mindrup saidthat he was aware of past incidents of domestic abuse invo�ving Tony and Brigitte. Mindrup said that he had no furtherldetails about what these incidents might have entailed, but that Mindrup' s —U E38 cc OCA cc( OL cc DWI OV 808"» C3V%M CAPw I Two U C�_ Dw6ft C P-000 If CL sergeant John Celestre rt.gas 14 Sergeant 0224 DA fto. 95-10679 _ JCern A j IL P.hQ T. HORNBERGER, Brigitte 4 19 95 2: ------------- mr ce I_MNB� A--I----- T OUI 5 I A4r/ ��tion of Occurrence v 170�R fteopw Q.-r wl 22 n e tj z ERGER rson Way, Martinez Kmzv,w'�F*^C LOC. '*PL r 0i Vew4j�tj 0044 66w%-WAL P)0&64 rVj.VIZ_ W-wo Taue.WA.N*4016 Tou,Low-W OW-01A� a..re w,&K,Wowol&d Goal" I _gZ:;�ft 'y l wife, who conversed more with Brigitte, might have specific information. Mindrup said that he felt that he might have been able to diffuse the situation and talk Tony out of the house. Mindrup stated that he doesn't know for sure whether he would have been successful in trying to talk Tony out, but he would have liked to have tried, and his belief is that he might have been successful. Mindrup did admit that from what he could see and hear, the situation had become tenuous. Mindrup said that it had, in fact, crossed his mind that Tony might be trying to work himself up to a point where he would kill Jessica and then commit suicide. , Mindrup had no additional information to add, and the interview was concluded at that time. On .4/27/95, at approximately 11: 48 a.m. , I interviewed- Sheriff's Aide Cheryl Cole. The inter-view took place in an interview room at ,the Field Operations Building. Cole and I were the only ones in the room at the time of the interview, and the entire interview was recorded on videotape. Cole did not have any specific information concerning the incident at 222 Anderson Way. She was able to give me some background information on her relationship with Hornberger `and some background history on Hornberger. Cole told me that she andHornbergerhad lived together, approximately five years- They have never gotten married. They had one daughter, Jamil Lee Ann Hornberger, dob 7/16/87 . Cole told me that she and Hornberger had split up . . for good when their daughter was approximately Six weeks old. Cole told me that her relationship with Hornberger was characterized by incidents of domestic violence and was an extremely unstable relationship during almost its entire- tenure. Mg Cc MCA Mtt UL ao M9A Ov Dwm� CAM MlkOM$"O D"DAY IP IV CI_ M~1 ow 0 OW60% 0 Se7rge!ant:John 0-1 e-stre CONRU ow PW* elp r.Dow raftAt qh-11"I 0225 A Ce .. . Ott 1 1.D " .�L - r ow" b 95- 0679 Cen A.D 7.CA=DrV %wea-M 6 Vmc* BrigitteORNBERGER, BittZ,/19/ 5 10 kame CL �z mP Anderson 01 Occurreme HORNBERGER AnthonyAnthnn "r22 Anaerson wav, Martinez CA Fund.Lot,*wispm --a E)OmIct F)Rao-* rVS.M. T&W-V*-*-PC*J**Tau'lass -6jr v4 FOLLOWV4 006-AK A4 CJMW4),k*Ulk '*"Or-Cl DOWYMO F-n-Qi W Cole told me that when she had been with Hornberger that he did have an ongoing problem with alcohol abuse, although Cole had no information on drug use on . the part of Hornberger. Cole told me that Hornberger had only limited contact with his daughter by Cole, and it hadn 't been until Hornberger had moved to the residence on Anderson Way that he started to have any consistent contact with the daughter that he and Cole had. Cole stated that since Hornberger lived on Anderson that he had had contact with his daughter approximately four to, five times. C Cole said that Hornberger was never the type of person that would admit that he had any kind of a problem and that he always blamed others for the problems, both personal and financial, that he had. I asked Cole about. the previous statement that she had made, that in her opinion, Hornberger would not let himself be arrested by the police because it would mean that he would have to go to the M. D.F. , and he knew that Cole worked there: Cole told me that Hornberger- had made the statement to her at one time that he would "never go to Jail . " I -ask I ed Cole when this statement was made. She told me that it had been made several years prior. It came out during the course of the interview that Hornberger had made this statement prior to his arrest in 1993 . Due to this fact, I felt that Cole ' s statement about Hornberger not wanting to go to the M.D.F. be-cause she was employed there was not factual, since he had, in fact, been booked at tTie M.D.F. in 1993 , and Cole had been employed at the M.D.F. at that time. I asked Cole when the last time was that she had seen Hornberger or talked to him. She said that it had been approximately two weeks prior to the shooting. I asked what his mood seemed to have been at that time. She- s&id that he Me Mr. MCA Mot ML 00 C39A OV -warna 0 VkW c D°"`" Tons U M C' 0 P'"n,V1 Ck CA= CIO", Sergeant John Celestre ow- M iorm Pone rt Can ZZ 0 ft-10 amow- Mss &Q U" o- M�. 0226 �� �' �' t• aNd� L�7•Y�J.,,.Ca�. L CRT CLAM" 3-AG�yRp/tOFl = GJV SCJ O^ 95-10679 Cen AZ. T.a..oM ft.+e^ ""wOIL F.hQ HORNBERGER, Brigitte 4/19 5 tion of nccv.rence A tiURNBERGER, Ant honv s ' A4r22 Anderson Way. Martinez ~t ►rla.�t�'"L ,Jl+u•.o,.n*, U4'30 N'O"W'Ll� Lot.su -�a►tit++Dir.u.arti,.o�.O�c�u+on.6sca4o yro,,,�are.P.MWY -.Q hwfta.L +r•rR+wRd+ . f,.+.of Vv" L�oe�a iwv*.�c n R.ao rv. r.:_ +� . Mrti► Ta . ?Wk 4s hol Tou'LOW •LST W, Moya t;b+r7 C1 Cwe+�� K Mac u h,,,..ne n,ree • r I I had seemed to be calm and acting in a normal fashion. I asked her when the last time was that she had talked to Hornberger or seen him prior to that. She told me that the last time she had talked to him or seen him before the occasion two weeks ago had been approximately one year ago. Cheryl Cole had no other significant information to offer at that time, and the interview was concluded. i • A a w.D72VMAIOA DL Do D* Dv In D v+.� D rrroares D'"' fl x 11�sy a.n+�r P+rw tT.o..i Tw "C' DP*"0.4Q Dscs D""` D~0' D Sergeant John Celestre •- D r�.•r O�� Q CA" o•c A"' M AVW.G" R+.+u !o s.�• ..o ri.°" II� POftA s gb..IMO) 0227 .. _ ..elf✓ .? .. ... .� .1 T ... :. .. - .. .. .. .. �_y ..