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HomeMy WebLinkAboutMINUTES - 10282008 - C.15 (25) CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: OCTOBER 28, 2008 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to California Government Codes. 6g�dm ou is your notice of the action taken n your claim by the Board of SEP. 2 4 2008 upervisors. (Paragraph IV below), COUNTY COUNSEL given Pursuant to Government Code AMOUNT: IN EXCESS OF $25 OOCNWTINEZ CALIF. Section 913 and 915.4. Please note all UNLIMITED CIVIL CASE "Warnings". CLAIMANT: FRAN AGAR, Estatit' of ROBERT ABAR, . Deceased ATTORNEY: GREGORY C. CATTERMOLE DATE RECEIVED: SEPTEMBER 24, 2008 CARCIONE, CATTERMOLE, DOLINSKI SEPTEMBER 24, 2008 ADDRESS: OKIMOTO, STUCKY, UKSHINI BY DELIVERY TO CLERK ON: MARKOWITZ & CARCIONE 601 BREWSTER AVENUE BY MAIL POSTMARKED: SEPTEMBER 22, 2008 P.O. BOX 3389 FROM: Clerk o tie oar o SuperviorssTO: County Counsel Attached is a copy of the above-noted claim. SEPTEMBER 24, 2008 DAVID TWA, C rk Dated: By: Deputy Il. FROM: County Counsel TO: Clerk of the Board of Sdpervisors (Wfiis 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 Boardcannot 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: ?—gM T�� By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) O Claim was returned as untimely with notice to claimant (Section 911.3). IV. )30ARD ORDER: By unanimous vote of the Supervisors present: {yY 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& S�.28WA4FDAVID TWA, CLERK, By Deputy Clerk WARNING (Gov. code section 913) T 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: Qt �✓4?4AVR)AVID TWA, CLERK, B ��-�'� Deputy Clerk This warning does not apply to claims which are not subject4d thet,Califor ip3Tort Claims Act such as actions in inverse'eondemnation, actions for specific,relief:such.as;riian lamus-or injunction; or Federal Civil Rights claims.`The above list is not exhaustiveFandlegal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act r EC01,7 D GREGORY C. CATTERMOLE, ESQ. - BAR NO. 99465 LAW OFFICES OF CARCIONE, CATTERMOLE, SEP 2 008 DOLINSKI, OKIMOTO, STUCKY, UKSHINI, MARKOWITZ &CARCIONE, LLP CLERK BOARD OP S ERVISORS A Professional Corporation corp Ra ocsrA co. 601 Brewster Avenue, P.O. Box 3389 Redwood City, CA 94064 Telephone: (650) 367-6811 Attorneys for Claimant FRAN ABAR, ESTATE OF ROBERT ABAR, CLAIM FOR PERSONAL Deceased, INJURIES/WRONGFUL DEATH Claimant, (§910 Government Code) V. CITY OF PINOLE, COUNTY OF CONTRA COSTA, Respondents. J TO RESPONDENTS: CITY OF PINOLE,COUNTY OF CONTRA COSTA: You are hereby notified that Fran Abar, Mother of Robert Abar,Il, Deceased and the Estate of Robert Abar, Decased, 5985 Dandridge Lane, No. 116, San Diego, California, claim damages against the City of Pinole and County of Contra Costa. This claim is based upon injuries which caused the death of Robert Abar on March 22,2008. Mr. Abar suffered fatal injuries when he was struck by an automobile while walking crossing San Pablo Avenue, in the crosswalk at Fern Avenue. Mr. Abar was struck in the westbound lanes while he was walking northbound in the crosswalk. A copy of the "redacted" police report is attached as Exhibit A. On March 22, 2008 at approximately 8:20 p.m. Mr. Abar was walking northbound 162316/vm across San Pablo Avenue in the cross walk located at the intersection of San Pablo Avenue and Fern Avenue in the City of Pinole. Mr. Abar was struck by a vehicle driven by Nasir A. Khan who was driving westbound on San Pablo Avenue. Mr.Abar died at the scene of the accident from the injuries caused by said vehicle. CLAIMANTS: The claimants herein include: Estate of Robert Abar (deceased) (DOB 11/20/64) and Fran Abar, mother of Robert Abar, individually, and as successors in interest to Robert Abar (deceased) (hereinafter called claimants). Robert Abar was also survived by his father James Abar (093 West Arbor Ridge Way, Bloomington, Indiana, 47403), a brother Michael Abar and a sister, Jennett Kimbrel. NOTICES: Any notice, communication, or correspondence concerning this claim should be directed to the attorneys listed on the attached claim form. DOLLAR AMOUNT OF CLAIM: As a proximate, direct, and legal result of the subject incident, Claimant Fran Abar lost her son,Robert Abar,deceased, with whom she resided and upon whom she was dependant,and thereby sustained harm, losses, and damages as a result of decedents' death in a sum in excess of$25,000. Said damages would therefore present an unlimited civil case. (Gov. Code § 910(f).) Asa proximate,direct,and legal result of the subject incident,decedent Robert Abar, Sencion survived for a short period of time after the collision before dying, and any and all damages claims available to him had he lived are claimed herein by his successor in interest, Claimants Fran Abar. There is no current estimate of the total amount of the claim of the Estate of Robert Abar. (Gov. Code § 910M) 162316/vm As a proximate, direct, and legal result of the subject incident, decedent Robert Abar and Claimant Fran Abar suffered economic harm and losses, including property damage. There is no current estimate of the total amount of such economic harm and losses at this time. (Gov. Code § 910(f).) RESPONSIBLE PARTIES: Claimants are informed and believe, and thereon allege that the CITY OF PINOLE AND COUNTY OF CONTRA COSTA, and their agents and employees, (collectively referred to herein as the"Respondents"),are legally responsible for the injuries,death,harm and damages described in this Claim. The names of the employees of the CITY OF PINOLE AND COUNTY OF CONTRA COSTA who were involved in,and/or responsible for the negligent and wrongful acts and omissions alleged herein, are unknown at this time to the Claimants. Claimants are informed and believe the name of the public entity that caused the Claimants' injuries, harm, and damages is the CITY OF PINOLE AND COUNTY OF CONTRA COSTA. If this information is inaccurate,the Respondents are requested to advise Claimants immediately about the involvement of any other public entities or employees in the matters described herein. INJURED PARTIES: Claimant Fran Abar suffered harm,losses,and damages from their mother and grandmother's death. Claimant suffered economic harm and losses, including medical expenses, funeral expenses, and other economic losses from the subject accident and the injuries and death of Robert Abar resulting from said accident. 162316/vm PUBLIC OFFICERS/EMPLOYEES ALLEGED TO HAVE KNOWLEDGE: Pinole Police Charles A. Long, City Manager Yanni Demitre, Associate Civil Engineer Pinole Public Works Department BASIS OF CLAIM: Claimants have not had the opportunity to conduct any discovery or gather information regarding the instant claim other than that which they have obtained through their own investigation. The conduct,acts, and omissions described in the instant Claim are not inclusive of all conduct,acts, omissions which may have caused the injuries and damages due to the need for further investigation and discovery. Further, many of the allegations set forth in this Claim are based on information and belief due to the death suffered by Robert Abar in the incident which is the subject matter of this Claim. Accordingly,Claimants can only supply the information they presently have available to them. Claimants are informed and believe, and thereon allege that the Respondents are legally responsible for: the injuries and death of decedent Robert Abar; the harm, losses, and damages suffered by Claimant Fran Abar;and all other damages alleged in this Claim. This Claim is based on the facts and reasons therefor set forth below, including,but not limited to, the following: (1) There were dangerous conditions ofpublic property owned,operated,possessed,used, constructed,built, controlled, repaired and maintained by Respondents which existed at the time of the subject accident which were proximate,direct,and legal causes of the injuries and death of Robert Abar. Said dangerous conditions created a substantial and reasonably foreseeable risk of the kind of 162316 1 vm injuries, harm, losses, and death described in this Claim. The subject dangerous conditions were created by the negligent and/or wrongful acts and/or omissions of an employee and/or employees (hereinafter"employees")of Respondent, acting within the scope of their employment. That is, said employees, inter alia: A. Negligently, carelessly, and unreasonably built, designed, constructed, inspected, repaired,contracted,erected,located„paved,re-paved, striped,painted,marked,selected, specified, designated, installed, and/or maintained the subject roadway, intersection and crosswalk. B. Negligently, carelessly, and unreasonably built, designed, constructed, inspected, repaired, contracted, erected, located,paved,re-paved, striped, painted,marked, selected, specified, designated,installed,and/or maintained the intersection and crosswalk at San Pablo Avenue and Fern Avenue. C. Negligently,carelessly,and unreasonably failing to provide,build,design,constructed, inspect, repair, contract, erect, locate, select, specify, designate, install and/or maintain appropriate signs and/or warnings at the subject crosswalk and/or intersection so as to provide adequate,proper and/or sufficient visibility of the crosswalk and pedestrians in said crosswalk located at the intersection of San Pablo Avenue and Fern Avenue in the City of Pinole, County of Contra Costa. D. Negligently, carelessly, and unreasonably failed to provide,build, design, construct, inspect,repair,contract,erect,locate,select,specify,designate,install and/or maintain an appropriate traffic signal at the intersection San Pablo Avenue and Fern Avenue in the City of Pinole,County of Contra Costa. E. Negligently, carelessly, and unreasonably provided improper, inadequate, and dangerous plans,blueprints, directions, instructions, designation of materials, and specifications for the building, designing, constructing, inspecting, repairing, contracting, erecting, locating, paving, re-paving,striping,painting,marking,selecting,specifying,designating,installing,and/or maintaining 162316/vm of the subject roadway, shoulder, intersection and/or crosswalk the intersection of San Pablo Road and Fern; and/or appropriate signs and/or warnings of potential hazards at the subject intersection and crosswalk. F. Negligently,carelessly,and unreasonably failed to follow the guidelines,policies and procedures set forth by the pertinent public agency, district, and/or entity, in custom and practice, comment, discussion,.documents, materials, manuals, brochures and booklets setting forth the procedures and specifications to be followed in building,designing,constructing,inspecting,repairing, contracting, erecting, locating, striping, painting, marking, selecting, specifying, designating, installing, and/or maintaining the subject roadway, shoulder, intersection, and/or crosswalk at the intersection of San Pablo Avenue and Fern Avenue in the City of Pinole;the crossing signs,crosswalk signs, and/or an appropriate traffic signal or other devices to enhance the visibility of the cross walk located at the intersection of San Pablo Avenue and Fern Avenue in the City of Pinole, County of Contra Costa.; and/or appropriate signs and/or warnings of potential hazards and/or presence of pedestrians in the crosswalk at the subject intersection. G. Negligently,carelessly,and unreasonably hired,contracted,trained,supervised and/or employed incompetent,unqualified,inexperienced and unskilled individuals and contractors to build, design, construct, inspect, repair, contract, erect, locate, re-pave, stripe,paint,mark, select, specify, designate, install, and/or maintain the subject roadway, shoulder, intersection and/or crosswalk and the adjacent approaches; the appropriate traffic signals and/or other devices to enhance the visibility of the crosswalk and/or pedestrian using the crosswalk to cross San Pablo Avenue at its intersection with Fern Avenuein the City of Pinole. H. Negligently, carelessly, and unreasonably failed to provide necessary and adequate signs, signals, lights,traffic controls, markers, cones,markings lights, beacons, and/or other devices to warn motorists using the subject roadway and/or intersection and approaching said crosswalk at 162316/vm San Pablo Avenue and Fern Avenue , and to protect and/or enhance the visibility of pedestrians attempting to cross San Pablo Avenue using the Crosswalk at the intersection of Fern Avenue. Such hazards and dangerous conditions would not be reasonably apparent to, and would not have been anticipated by pedestrians and motorists using due care. Claimants further allege that to the extent there were any signs, signals, lights, traffic controls, markers, cones, markings and/or other devices said warnings were inadequate and failed to provide adequate warning and/or visibility. Claimants further allege that to the extent there were any signs, signals, lights, traffic controls, markers, cones, markings and/or other devices to warn motorists using the subject roadway and pedestrians crossing in said crosswalk said warnings were negligently chosen,used, selected,maintained,and placed as to be ineffective and/or created a dangerous condition. I. Negligently, carelessly, and unreasonably failed to provide necessary and adequate signs,signals,lights,traffic controls,markers,cones,markings,beacons,pavement lights, and/or other devices to regulate and control traffic for motorists using the subject roadway so as to protect and/or enhance the visibility of Pedestrians using the cross walk a the intersection of San Pablo Avenue and Fern Avenue.. J. Negligently, carelessly, and unreasonably provided dangerous and hazardous signs, signals, lights,traffic controls,markers,cones,markings and/or other devices to regulate and control traffic which created a dangerous condition that constituted a concealed trap for motorists and for Pedestrians using the crosswalk at the intersection of San Pablo Avenue and Fern Avenue in the City of Pinole, County of Contra Costa.. K. Negligently, carelessly, and unreasonably failed to provide sufficient guidelines, policies and procedures to be followed in building, designing, constructing, inspecting, repairing, contracting, erecting, locating, striping, painting, marking, selecting, specifying, designating, installing, and/or maintaining the subject roadway intersection and/or crosswalk; 162316/vm L. Negligently,carelessly,and unreasonably failed to enforce the guidelines,policies and procedures set forth by the pertinent public agency, district, and/or entity, in custom and practice, comment, discussion, documents, materials, manuals, brochures and booklets setting forth the procedures and specifications to be followed in building, designing, constructing, inspecting, repairing,contracting,erecting,locating,striping,painting,marking,selecting,specifying,designating, installing, and/or maintaining the subject roadway, the intersection and crosswalk. M. Negligently, carelessly, and unreasonably designed, scripted, distributed, manufactured, produced, offered, selected, provided, sold, and/or recommended the signs and/or warnings of potential hazards at the subject intersection and for said crosswalk. At all times mentioned herein, the Respondents knew and/or should have known that the foregoing negligent,careless and unreasonable acts and omissions described in paragraphs(A)through (M)of paragraph(1)and the dangerous conditions created thereby,provided, inter alia: Poor and/or inadequate visibility of Pedestrians using the crosswalk at the intersection of San Pablo Avenue and Fern Avenue in the City of Pinole, County of Contra Costa,and the inability of the reasonable driver operating their vehicle to anticipate and/or appreciate the likelihood and/or the actual presence of a pedestrian in said crosswalk considering the roadway flow of traffic,the location of the crosswalk,the lack of warning lights,beacons,markers and/or signs/signals,the traffic,the design of the intersection, and location of turn lanes before and after the intersection. Further, at all times mentioned herein, said negligent, careless and unreasonable acts and omissions described in paragraphs (A) through (M) of paragraph (1), and the dangerous conditions resulting thereby, combined with the foreseeable and known risk of a Pedestrian accidents like that which'occurred in this case, were proximate, direct and legal causes of Robert Abar's injuries and death, and the harm, losses, and damages suffered by Claimant Fran Abar. . 162316/vm Each of the acts and omissions described in paragraphs (A) through (M) of paragraph (1) above, and the conditions created thereby, are not inclusive of all negligent acts or omissions, or of all the dangerous conditions which were negligently, carelessly, or unreasonably created by Respondents,because other dangerous conditions cannot yet be ascertained by Claimants due both to the need for further investigation and discovery as well as the lack of information due to the death suffered by the decedents in the subject incident. (2) At the time of the subject accident,there were dangerous conditions of public property owned, operated, possessed, used, constructed, built, controlled, repaired and/or maintained by Respondents of which the Respondents had actual or constructive notice a sufficient time prior to the subject accident to have taken measures to remedy and/or protect against said dangerous conditions. Said dangerous conditions created a substantial and reasonably foreseeable risk of the kind of injuries, harm, losses, and death described in this Claim. The aforesaid dangerous conditions include,but are not limited to: A. An unsafe roadway, shoulder, intersection and crosswalk . B. An unsafe crosswalk with insufficient visibility which provided pedestrians with a false sense of safety at the intersection of San Pablo Avenue and Fem Avenue in the City of Pinole,County of Contra Costa. C. Inadequate, insufficient and or the lack of adequate and/or appropriate lighting, beacons, signs, signals and/or other devices to protect pedestrians using said crosswalk from approaching traffic. D. An absence of, or inadequate pavement markings.. E. An absence of,or inadequate warnings,lights,beacons,and/or other devices to protect 162316/vm and/or alert approaching motorists to the presence of pedestrians in said crosswalk at the intersection of San Pablo Avenue and Fern Avenue in the City of Pinole, County of Contra Costa.. F. An absence of, or inadequate traffic signals at the intersection of San Pablo Avenue and Fern Avenue in the City of Pinole, County of Contra Costa.. G. Conditions resulting from inadequate and/or negligent planning,directing,instructing, controlling, administering, coordinating, and implementing the building, designing, constructing, inspecting, repairing, maintaining, contracting, erecting, locating, re-paving, striping, painting, marking, selecting, specifying, designating, installing, and/or maintaining of the subject roadway, shoulder, crosswalk and/or intersection at San Pablo Avenue and Fern Avenue in the City of Pinole, County of Contra Costa. H. Conditions resulting from inadequate signs, signals, lights, traffic controls, markers, cones, beacons, flashing lights, markings and/or other devices to warn motorists and to protect pedestrians using the subject roadway, crosswalk and/or intersection of and from hazards and dangerous conditions which constituted a concealed trap for such pedestrians and motorists. At all times mentioned herein, the Respondents knew and/or should have known that the foregoing dangerous conditions of public property described in paragraphs (A) through (H) of paragraph (2) created a dangerous condition. Further,at all times mentioned herein,said dangerous conditions described in paragraphs(A) through(H) of paragraph (2), combined with the foreseeable and known risk of an accident like that which occurred in this case,and were proximate,direct and legal causes of Robert Abar's injuries and death, and the harm, losses, and damages suffered by Claimant Fran Abar. Each of the conditions described in paragraphs (A) through (H) of paragraph (2) above, are not inclusive of all of the dangerous conditions, because other dangerous conditions cannot yet be 162316/vm ascertained by Claimants due both to the need for further investigation and discovery as well as the lack of information due to the death suffered by the decedent in the subject incident. (3) The Respondents directly,legally,and proximately caused Robert Abar's injuries and death;the harm,losses,and damages suffered by Claimant FranAbar;and all other damages as alleged in this Claim,by acts or omissions of said employees occurring within the scope of their employment which were negligent and/or wrongful acts and/or omissions. Said negligent and/or wrongful acts and/or omissions, including,but not limited to, those acts and omissions described in subparagraphs (A) through (M) in Paragraph (1) above, created unreasonable risk of injury to persons traveling in motor vehicles on said roadway. At all times mentioned herein, the Respondents knew and/or should have known that the negligent, careless and unreasonable acts and omissions, including but not limited to those acts and omissions described in subparagraphs(A)through(M)ofparagraph(1),caused,inter alia:Poor and/or inadequate visibility of Pedestrian using the crosswalk at the intersection of San Pablo Avenue and Fern Avenue in the City of Pinole, County of Contra Costa. and the inability of the reasonable driver operating their vehicle to anticipate and/or appreciate the likelihood and/or the actual presence of a pedestrian in said crosswalk given the roadway, the location of the crosswalk, the lack of warning lights,beacons,markers and/or signs/signals,the traffic,the design of the intersection,location of turn lanes before and after the intersection.. Further, at all times mentioned herein, said negligent, careless and unreasonable acts and omissions of Respondents, including but not limited to those acts and omissions described in paragraph(3)above,were the proximate,direct and legal causes of Robertt Abar's injuries and death; the harm, losses, and damages suffered by Claimant Fran Abar; and all other damages as alleged in 162316/vm this Claim. All notices and other communications with regard to this claim should be sent to the claimants' attorney, Gregory C. Cattermole, Esq., Law Offices of Carcione, Cattermole, Dolinski, Okimoto, Stucky, Ukshini, Markowitz & Carcione, LLP, 601 Brewster Avenue, Redwood City, California 94063, telephone (650) 367-6811. Date: September 22, 2008 CARCIONE, CATTERMOLE, DOLINSKI, OKIMOTO, STUCKY,UKSHINI, MARKOWITZ &CARCIONE, LLP By: A ey for Claimants Gregory C. Cattermole 162316/vm RE: FRAN ABAR v. CITY OF PINOLE. COUNTY OF CONTRA COSTA PROOF OF SERVICE I, the undersigned, declare: I am employed in the County of San Mateo, State of California. I am over the age of eighteen and not a party to this action. My business address is 601 Brewster Avenue,Redwood City, California 94064. On September 27!2008, I served the attached document(s): CLAIM FOR PERSONAL INJURIES (§910 Government Code) X By First Class Mail,being familiar with the practice of this office for the collection and the processing of correspondence formailing with the United States Postal Service,and deposited in the United States Mail copies of same to the business addresses set forth below,in a sealed envelope fully prepaid. By PERSONAL DELIVERY, and personally delivered, or caused to be delivered, same to the addresses listed below. City Clerk's Office CITY OF PINOLE 2131 Pear Street Pinole, CA 94564 COUNTY OF CONTRA COSTA Clerk of the Board of Supervisors 651 Pine Street, Vt Floor, Rm 106 Martinez, CA 94553 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on the above date at Redwood City, California. 162316/vm 04/16/2086 11: 49 16192669899 STAPLE= PAGE 817'26 ,S'rA72 OF CAOFORN(A, �'` � 7t,; , TRAF?=1G COLLISION REPORT CNP 555 Page 1 (Rev. 11-06) :)P1 065 Peat 7 o/ _ so IvFE.'.IA'-CONDITION$ NunlvFr Hnb nun CITY �,COAL —"' Iwuaro r[Lm- JL'DICIAI,CISTR!CT REPORT NUMBER KILLED }/ NUMpfn un 6gUn —COUNTY REPORTING DISTRICT BEAT DAYOF%N IjIN TO'A'AWAY A; L/ \r, �y� PILLED Iumn�nEr IDR ` I—� ('- .VIJI 1� 5 M T W T Fol ZYE9 DN0 COLLISION.00CUR.REO ON �• M0, DAY YEAR TIME imn) NCICN OFFICER I.D, � ?A131'_� �l_ 3E �Z O$ 202�f IO�� 7 -� c FI_ MILEPOST INFORMATION GPS COORDWATES PHpTOGRAPHS BY: i NONE IJ r.CEmMaEc of LamuoP LONGITuoE QFC� L y/yes INTERSECTION WITH STATE HWY REL P�P rJ tAr OF FEETM..EG OF V C ��YES D NO PAIRTYi DPrvriT3 LICENSE NUMBER STATE CLAS$ AIRBAG SAFETY ECUIC, VER YEAR H1 ,`IODEL/COLOR ILICENSE NUMPEF TATE IAKeo/ -�no npwEF I/AME fgRsr,AnnnLL,inSr, I !J f I' OWNFR'SNAME ^^ I• PECE STREET A➢DRESS 'SAME AS ORNF,R . 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VEH.YEAR MAKE./MODEL'COLDR (JOCN$ENUM9ER ✓'TATE FIIVV'EIi NAME lFlPCT,MIOCL.E,hAST) I Ll r. OV NERE NAME ❑ SAMc AS DRIVER OEG STREET 1,00RE33 R7 FOR LAW I:NFORCMMEN f USE MND owNFr.S PAORBss SAME AS DRIVER RiZI) CT'lRTATF,/7IP ��I;I ► >r y./ HICL2 _1 POLICE u�''L EPA RMENT CI$POSITION OF VGNICLE ON ORDERS Of: I� pFFIO,LR 1� DRIVER C�OTHGR ICY- p,F� HnIREVF BIRTHDATE RACE I.-^iT p4 •npy Y6 PRIOR MECHAMCALDEFFCTS: NONE o PARENT REFERTONARRATIJE FHER HOMFPHONE INF$$P� NE VEHICLE IDrN IPICATION NUMBER: �_� VQNICLE 11'PE DESCRIBE VEHICLE DAMAGE SHALE IN DAMAGED ARE4 INSURANCE CARRIER POLICY NI,IMBER UNK. C7 NONE J MINOR ` MOD, ��MAJOR ROLL-OueR MR OF TRAVELION eTREET OR HIC-HWN EPEES LIMIT GA ` 13 07 � LT �p TCPry$C MCIMY PARCR'B NAME DISPATCH NCTIFIED E B�^! 'S'NAM= 1 DATE REVI'V'ED V .:c`.�. V•GJ ::—!S Z YES pruvlDUe edam .. I 1 c6FG_hpB,170 E14116i'2006 !1: 49 16192669696 STAPLES PA13E 02125 RAFFIC COLLISION COOING (RBv,7-031 OPi :163 EDS==)LLISION (MD. On:' YEAR) i'lh1F_(iY10DJ iNCICrt IOFFIDER LD. INWdFER Z' C>� 2cgcg 2� ICA Pte? OWNER'S IJAME IOWNFR S ADDRESS NOTIFIED ZO'PERTY ^^11 )AINAG�DN OF DAMAGE ❑YES i<I ~SEATING POSfYION SAFETY EQUIPMENT + INATTENTION CODES _ .I:CCUPANTB L-AIR EAG DEPLOYED M RIC HELMET L.-CELLPHONE_HANDHELD ^ -NONE IN VEHICLE M-AIR BAG NOT DEPLOYED DRIVER. PASSENGER, B-CELLPHOhIE I-IANDSTREE 1.•UNKNOWN N-OTHER V•NO X^NO G-ELELTRO'JIC EQUIPMENT I:-LAP BELT USED P.NOT REQUIRED W-YES, Y-YES D-RADIOI CD — I I-LAP FELT NOT USEC E-SMOKING 1-DRIVER I •SHOULDER HARNES I USED 2 v F•EATING S 6 Z TO 6,PASSENGERS F -SHOULDER BARNES NOT USED cHiLO RE9 RAINT �JEC7&O FROM VEHICLE G-CHILDP.EN 7.STATION WAGON REAR (:-LAPISHOULDER HAF DESS USED C-IN VEHICI•E USED 0-N0T'eJECTED H-.ANWALE S-REAR OCC.TRK,OR'VAN f -LAP18HOULDER HAA JESS NOT USED F-IN VEHICLE NOT USED 1•FULLY EJECTED 1•PERSONAL HYGIENE 7 9,POSITION UNKNOWN J PASSIVE RESTRAINT_)SED S.IN VEH;OLE USE UNKNOWN 2-P.ARTIALLY EJECTED J-READING D-OTHER V :PASSIVE RESTRAINT NOT USED T-IN VEHICLE IMPROPER USE 5•UNKNOWN' K-OTHER _ ITEM; MARKED BELOW :OLLOWED BY,AN ASTERISK(')SHOULD BE EXPLAINED IN THE NARRATIVE. PFUMARY COLLISION FACTOR TRAFFIC CON'ROL DEVICES I MDVEMZAT PRECEDI7JG SPECIAL INFORMATION CpL PRE 'T NfJMBER(K1 QF PART/AT FAULT 1 Z S '( 2 3 A v.,eernnlrviOlAilo. rc't:O ' ,JA CONTROLS FUN(7IONING IA HAZARDOUS MATERIAL_ IA STOPRc'D +� ., r�;,r� Y, Yom- �E CONTROLS NOT 'UNCTIONINU' B CELL PHONE•HANDHELD IN USE IB PROCEcDING STRAIGHT g OTHER.IMPROPER DF:IVING•; I C CONTROLS OBS(URED C CELL PHONE_HANDSFREE IN LS= C RAIN OFF ROAD a D NO CONTROLS P WSENT I FACTOR' D CELL PYIONEi NGT IN USE — —SID—M-^A KI NO RIG HT TU R P; C C)THER THAN DRIVER' TYPE OF I OLLISION E SCHOOL BUB RELATED _1-1I 11=. MAKING LETT TURN D L!NKNOWN' A HEAD-ON F' 75Ff MOTORTRUCK COMBO F MAY OU TURN $ SIDE SWIPE G 2J FT TRAILER GDMBD G SACKING C AFAR END H /J E I }1 SLOWtNC I STOPPING WEiLTHER(MA RK_ I TO ITEMS) BROADSIDE I J I I PASSING OTHFR VEHMLE A CAR I E HIT DEJECT J IJ CHANGING LANEG 8LECLOUDY F OVERTURNED I IK I� C PAINING �!}�+ VEHICLE I PEDES RIAN I IK PARKING I7Pt FIC D SNOWING y'OYl-(ER^' I I L L OTHERINNWE FIC �M TTI IM OTHER UN3APE TURNING E FDG/VISIBILITY FY. N I I IN XING INTO DEPOSING LANE. F CTH ER'; MOTOR VEHICLE INVOLVED WITH 0 IO PARKED .� Nn 11D A NON.COLLISION P A9ERGING LIGHTING E PEDESTRIAN I IQ TRAVELING WRONG WA.Y A. DAYLIGHT C OTHER MOTOR VI HICLE 1 1 23 OTHER ASSOCIATED FACTORR`' S) IR OTHE B DUSK-DAWN ID MOTOR VEHICLE'IN OTHER ROADWAY ( (MART(1 TO 2 JTEMS) 3 DARK-STREET LIGHTS ... JE PARKED MOTOR 1 BHICLE q) '+•' (RED YES J DARK.NO STREET LIGHTS i F TRAIN /� f' Z c 17. DARK-STREET LIGH7S NOT G BICYCLE _8 W*=ZIN VIOLATION:•--+ m=nI LJ YFS FUNCTIONING* H ANIMAL: - LIN ROAbWAY SURFACE VC arvnN VInwTION: Ort^ SOBRIETY•DRUG C YES 1 2 3 PHYSICAL 4 DRY. _ _ __ I FIXED OBJECT: 'n LJ N„ (fv1ARY.S TO 2 lTEm1S) 3 w'ET I ,L sI IA HAD NOT BEEIJ DRINKING OWY•!COTHER OBJECT: E VISION OBSCUREMENT; IS HBG-UNDER INFLUENCE SLIPPERY fMUDDY,OILY ETC.) F INATTENTION-; IC HED-NOT UNDEF,INrLUENCE' ROADWAY CONDITION(S) I I IG STOP Q GO TRAFFIC I ID HED-IMPAIP.MENT UNKNOWN' (MARK'TO 217-EMSJ PEDESTRIAN$ACTIONS H ENTERING l LEAVING RAJ IP IE UNDER DRUG INFLUENCE' 1 HOLES DEC, ^P Rte• p NO PEDGSTRIANe NVOLVED I PREVIOUS COLLISION F WPAIRMENT-PHYSICAL- 3_000E MATERIAL ON ROADWAY- S CROSSING IN CRC SSWALK - U UNFAMILIAR WITH ROAD _ IG IMPAIRMENT NOT KNOWN OSS TRUCTION ON ROADO/Af 'AT INTERSECTION K OEFF_CTIVE KEN:EQUIP. CfTcO H NOT/�PPCICAELE CONSTRUCTION-REPAIR ZONE (�` CROSSING IN CRC>SWALK-IJOT { ) ��pep FATIGUED' RL'DUCED ROADWAY WIDTH AT INTERSECTION F _ C7No FLOODED- D CROSSING-NOT I I CROSSWALK L UNINVOLVED VE141CLE I J i OTHER': E IN ROAD-INCLUDI 5 SMOULDER { NI7 VNUSUAL DOND(TIONS F NOT IN ROAD N NONE APPARENT /II 'G APPROACHING I Ll AVING SCHOOL @US O RUdAWAI'VEHICLE 'CH ✓ _ /I iMISCELLANEDUS INDICATE NORTH CONFIDENTIAL R R LAW ENFORCLMENT USc ONLY �-� NO i TQ K RELE.Z) V E m- - — PI LE POLICI': PPPA 7MMENT DIV 0Iease date/releasing officer DSP o7 aoDeSe CEJiS_hD6,4D 6;'200E1 11: 49 167 9286989E STAPLES PAGE 09'26 _ f eAL1IDpNA � to\.3U 1�CJ / WITNESi>ES / PASS F ?t�r EaS WADE d+�"fL OS OF FQ14JHtON� •^t TIME(YA= k Nc 17 NUMB E=. Or LU. NUMB" E2 25 i{I EXTEI IT OF INJURY ( •' ONE INJURED WAS ( "X" ONE ) 'NfTNM.S ' PABHENeO;R 1 AOE ILEX PARTYL'?'o' pNLY ONLY I FATRL SEVERE OTHEK yI31BLE CCMPLAINfA6RINJWRT INJURY INJURY pFPAN ORIVGR PASo� PHO, BIDYCW^T GTNER�' ❑ d ❑ D ❑ I ❑ ❑ NAMY l D.0.0.I ADDRESSTCLCPNONE L�. ?xlZIy'5�J f 5a 5 �Lwr .rbop b7— KL soRtL.rkrT 9�� (II9JIJflEO ONLY)TR ANEVOnTED BY; TAKCN TO: 1 UIi.Sc MME INJ4JRI6� _ YIOl1M Of MOLENT CRIME NQTJFIED L71 ❑ ❑ i ❑ ❑ ❑ ❑ 2' }L A nfa Al a 7ELEPMDwa NAME/¢.O.B./ADDREBY P-Crs —A-12-t , > Z • �n t Gc+ tr E w AFL s� .vee r1 °r�SG�! pNJUACO ONLYJ TRANHCOpYGGED HY! r TAKEN TD; r iJ 4ci i i;Sis:�_✓�t2 nfi'=AIoE"JURIES I?}ILLS nJ'� �r-b it..G.LE TFLta-y rt I Ak -re =8 Fea A) `✓' �� �°"' ���r A� �Z-'=•'Y'r�iL't" I Q YCTIM Of AOLEN:CRIME NCRPED ftt I ❑ I I I o i ❑ O ( ❑ I ❑ ❑ I ❑ I ❑ f I TELBVHOM NAMEI O.O,R,l ADO RE56 - _ �ANJIJREO ONLY)TRAN91`5T5 8 Y: TAKEN TD; DES'R BE INJUAISg —_ 13YICpM OE VIOLENT CAIMC NOTtaiE➢ D� 3 �LL_. I_ k i t ❑ I ❑ _ I ❑ ❑ ❑ C ❑ IDI I I I _ TELEPHONE NAME 10 OA.(ADDASS4 _ 1NJUAGO ONLY)TRA145111T£1 BY; TAKlN TQ; DEBL%RISE INJUAt[5 D VICTIM OrVMLCNT CRIME NOTIFIED �x �__o�L _1 c I o I D I o i o i ❑ i ❑ NR I T❑� i WT II 4AMIl i D.Q.A.?�AODRE6B i J�1��� ! t _ .'��-- TAKEN TO: �l.J r! FNR FN&A11 �y y INJU#ED ONL 77RANBVOATIF.BY: F� >E3CRIBE iNJURiE9 - Inn, Irim n:FPART r-r s t r U,5 NUT FIRt L_o I c� 1 ❑ I ❑ i ❑ IDI ❑ I ❑ I ❑ ) l i l 'SFtYarypN4 f AM11 A.O,M,!AOORS89 TAKEN TQ> VJUPEP ONLY)TAANOaCKTEO BY: EBGPIOC INJURIES N VICTN OF VIOLENT CRIME NOT HED IGPARER'B NAMErNLL�MAIA MC :l AY YEAAt RCV��F� NAME MD. DAY YEAR 556•PegEJ 3(Rplr.7•G7) OP1742' Jee37 64r'16r'2668 11: 45 16192^06969°I �� STGPLES PACE 10/26 i_Ps�2J✓ _k$10p707C { ic 'J�; 'G 2y6 I [ �. .,.. L, .... nrMCN T!I..,.nn..iO.tl�l n'.'R.[XU NOT Tc 1C I.L[ury4T9991..1[0 Iq nL6 n MI[A9 URim Fn Ti[f!:nl.g0%IMn.".N4 NO,.o FG^cC VNO[..FTM1T[U I.cn4[- 1 r�l��d� wa �s7ny>1 1 N FM1 I.— T. ._ hv� � ICD KIM1S � = c Y LJ •l a J�e�:!,' l .2 '[. LL \ A,LVAT2 :Z 1 ^I 3•Z 2-OV L,,L«... --..��. I t n•r' ........Nl09-0 T7[[hIZL � I ... ... es luv ss-vnv+�w•.•I�ssl orl onz C0NFIDENTIAL FOR LAIN ENFORCEMENT USE ONLY N07 TO BE RELEASED PINOLE POLICE DEPARTMENT release �at,e/reieasing afficeC 04/16.`2©116 11: 49 1619286SE96 STAFLES I/H STATE OF CAL.IF()MIA NARRRTIVEISI'JPPLEMENiAL PAGE5-0F DATE OF IN01DG;NT IME NCIC NUMBER OFFICER I.D. CASE NUMBER 3-22-MY ;!024 CA0070700 352 P08 6240 1 LEGEND: 2 3 .ALL MEASUREMENTS WEItE FROM LIGHT POLE # 1522 AND THE W CURB 4 PROLONGATICIN OF ALVA!ZEZAVE. LIGHT POLE # 1522 IS 1 12.2' W OF THE W CURB OF 5 ALVAREZ AVE AND 2.2' SC UTH OF THE SOUTH CURB LINE OF SAN PABLO AVE. 6 7 VEHICLE # 1 FOR© MUSTANG: V-1 was not located at the scene. 8 9 1. LEFT TIRE: V-1's left tire h)cked wheel skid was located starting 19.3' W of the W curb 10 prolongation of f ivarez Ave and ending 46.0' N/E of Light Pole # 1522. The total length of the V- 11 1's locked wheel skid was 97,1' from start to finish. '12 13 1. RIGHT TIRE: 1-1's right tir a locked wheel skid was located starting 19.3' E of the W curb '14 prolongation of A Ivarez Ave a id ending 49.4' N/E of Light Pole # 1522. The total length of the V- 115 1's locked wheel skid was 72. 1' from start to finish. 16 17 2. LICENSE PLA TE COVER 3EERIS: Several pieces of V-1's license plate cover debris was 18 located 1-53.5' NM, of Light Pol : # 1522 and 71.7' W of the W curb prolongation of Alvarez Ave. 19 20 3, LICENSE PLA1"E COVER DEBRIS: One piece of V-1's license plate cover debris was located 21 54.8' NNV of Ligh I Pole # 152'c and 90.8' W of the W curb prolongation of Alvarez Ave. 22 23 4. P-2'S CAMEL(AGARETTE PACK: P-2's cigarette pack was located 36,1' N/E of Light Pole # 24 1522 and 96.3' \N of the W cur b prolongation of Alvarez Ave. 2.5 213 5. P-21S CREDIT i..ARDS: P-2's credit cards were located 26.1' N/E of 27 and103.2' W of th:a W curb pro ongation of Alvarez Ave. roll LAW ENFOP;CEME111 2i3 NOT TO BE RELEP,3r.B PINOLP POLIGE DEPAP,,uAcNT rpl°�Q�re1 Inae s5 g officer n PREPARED 8Y LD. (UMBER DATER'S NAME DATE Ar W U. Nieves 35.: s-22-oe A � -zs--0r- E�4+'1E12©0� 11: 45 1619256989 STAPLES PAG= 12 '26 STATE,OF C4LLPC RNIA NIARRATIVE/SI.IPPLEMEN';-AL PAGE G OF DATE OF INCIDENTIME NCIC NUMBER, OFFICER UD. CASE NUMBER 3-22-09 :'024 CA0070700 352 P08-6240 1 6. P-2' WHITE I:IHOE SKID: A white shoe skid from P-1's shoe was located starring 47.0' i AIV of 2 Light Pole # 15722 and 86.5' 1 V of the W curb prolongation of.Alvarez Ave and ending 91.0' Vli of 3 the W curb prol<;.ngation of A varez Ave and 43.8' N/W of Light Pole # 1522. The total length o`the 4 shoe skid was 5,2'. 5 6 7. P-21.; HEAD: P-2's head v as located 29.8' N/F from light pole # 1522 and 102.4' W of the W 7 curb prolongatio n of Alvarez ,We. 8 V 9 8. P-2' FEET: P-:2's feet were located 36.3' N/E from light pole # 1522 and 101.7' W of the VV curb 10 prolongation of F Ivarez Ave. '{ 1 '12 FACTS '13 4 NOTIFICATION: 115 1 was dispatched to a call of a collision involving a vehicle versus a pedestrian on 3-22-08 at 16 approximately 20:24 hours. I responded from Fitzgerald Drive and arrived on scene at 17 approximately 20;26 hours. All times, speeds and measurements are approximate in this 18 investigation. Me;isurements N fere taken using roliatape, 19 20 SCENE: 21 The collision occurred within tie intersection of San Pablo Ave, Fem Ave and Alvarez Ave in the 22 city of Pinole Cali lornia. San Pablo Ave is an east to west roadway consisting of two lanes in each 23 direction with a pasted speed I mit of 35 miles per hour with a northbound left hand turn lane and 24 southbound turn lane traveling into Fern Ave and Alvarez Ave. Fern Ave and Alvarez Ave are 25 north and south residential roa Jways with a posted speed limit of 25 miles per hour. The 2G roadways are sere.ght and hav,_, a slight upgrade for westbound travel. The roadway is composed 27 of primarily asphalt-concrete. Z here is a 10-foot wide crosswalk with 10" solid white fines, traveling CONFIDENTIAL. FOR LAW ENFORCEMEINT USE ONLY NOT TO BE RELEASED PINOLE POLICE DEPARTMENT PREPARED6Y I.D. JUMBER DATE REV Pi U. Nieves 35; 3-22-08 rleasp date rele�si��n after [74/16/2©©: 11: 49 16192869298 STAPLES STATE OF CALIF' P.NIA R�.PI%T�V�l'sI,1PFLi✓{i1i��v"i'�iL PAF OF DATE OF INCIDENT 1 IME NCIC NUMBER OFFICER LD, CASE NUN18 PEP' 3-22-09 D24 CA0070700 352 i'N-o240 1 north/s(Duth from the south ci rb of San Pablo and the west curb of Alvarez Ave to the north curb of 2 San Pablo Ave find the East ;urb of Fern Ave, 3 4 There are two approximately 10' long "PEED XiNG", with 10" wide white lettering in the west bound 5 # 1 and # 2 lane prior to the ii Itersection of San Pablo Ave and Alvarez Ave. There is one sign 6 warning drivers ii) yield to pedestrians for westbound traffic of San Pablo Ave and the east curb of 7 the driveway entering 2000 S 3n Pablo Ave. This sign is approximately•3' in height and has the 8 universal symbol 3 for walking pedestrian, It is mounted at the top of a 10' foot pole and faces 9 eastbound from 1 he north curl i IFO 2000 San Pablo Ave. It also reads, "PED XING." The weather 10 was clear with good visibility r nd no visual obstructions were noted or claimed. See Factual 11 Diagram and Factual Legend for further information. 12 13 14 PANTIES: 15 16 PARTY# 1 (NAE.IR ISHAN) w�s located IFO 801 Smith Ave at approximately 2026 hours in the 17 driver's cleat of Vl;:hicle # 1 (V-1). Khan was identified verbally and later positively identified by a 18 California drivers license print out and placed as the driver of V-1 by the following: 19 1. R•1 stated he was the c river of V-1 at the time of the collision. 20 2. P-1 admithad to fleeing he scene of the collision. 21 3. Pass-1 staled P-1 was he driver of V-1 at the time of the collision. 22 23 VEHICLE # 1 (FClRQ MUS7AI illG) was located on its wheels, driving north on Smith Ave IFO 801 24 Smith Ave, V-1 sc stained mod .rate damage to the left front fender, front license plate, front 2:5 license plate covee-, hood, and windshield. Blood splatter and hair was located on the smashed 26 portion of the windshield. Blood was also located on drivers side front A-frame, drivers side rear A- 2fframe, drivers sid(: rear Quartei-panel, trunk fid and spoiler. Blood smears were located on the rear 213 driver's side quart::r-panel, trur k lid and spoiler. Shattered glass was locateu`ru r s side FOR LAW ElSPU�r'Ei'� OJT LIS iiP�l`r PJOT TO BE RELEASE) MOLE P E DEPAP,TMEUJ PREPARED BY LD.;IUMBER DATE RFVI P'S NAME ( DATE U. Nieves 35,: 3-22-08 BPIPaCR r!atp./relnZitt_ f i�r 04. 1of 2008 il: 45 16192869892 STAFL=c 5?'f,TE OF CAiirt7',21ViEt f�ARR/yTiVc/Si.IFrLCifICN I',�1L PAGE OF DATE Or INCIDEIVT l IMF NCIC NUMBER OFFICER I.D. CASE NUMBER 3-22-09 2 324 CA0070 7 00 352 P08-6240 1 and passenger :Tide front seats, The interior plastic A-frame cover was knocked loose and 'hanging 2 from one screw. No prior dan cage or defects were noted or claimed on V-1. 3 4 PARTY # 2 (FI-2:-ABAR): ww located lying in the # 1 lane on eastbound San Pablo Ave within the 5 intersection of SI:In Pablo AVE near Fern Ave at approximately 2026 hours. P-2 was face down 6 with severe heacl trauma and blood coming from his head. P-2 was pronounced dead at 7 approximately 2035 hour by F inole Fire Paramedic Greg Sekera # P01593. At approximately 2131 8 hours, CCCSO Coroner DepL ty Derek Campbell arrived to retrieve P-2. P-2 was released to 9 CCCSO at apprcximately 224 3 hours (See CCCSO case # 08-0696). P-2 was identified by a 10 hardcopy Cal" rr is drivers Ii-Brise that was located in his pocket and the photo looked similar to 11 the person lying on the ground. P-2 was placed as a pedestrian by the following: 12 1. Injuries. 13 2. Witness statements. 14 3. Damage to V-1. 15 4. P--1 staterr tents. 16 17 PHYSICAL. EVIDi:NCR: See Factual Diagram. 18 19 HIT AN©1 RUIN: P-1 was drivin 3 westbound on San Pablo Ave and collided V-1 with P-2. P1 fled 20 the scene of the c oHision in V- I failing to stop the vehicle immediately at the scene (see P-1's 21 statement forfurther informatic n). P-lfailed to render aid to the injured pedestrian and did not 22 notify Poliice of tho collision. Pt dice were flagged down by an unknown motorist and notified of P-1 23 and V-1's wherea:)outs. P-1 w,ls seen driving V-1 two blocks west from the collision, P-1 admitted 24 to fieiRing the scene and driving I the vehicle at the time of the collision. 25 26 CONFID-10AL 27 FOR LAW ENFORCEMENT USE ONLY NOT TO BE P,ELEASED 26 PINOLE POLICERTMENT . release date/releasing officer PREPARED BY LO. I IUMBER DATE R2VIEw NAME DATE U. Nieves 35.: 64i 1b12008 11: 45 16192259S9B STAPLES PA,GEE 15/2E S"TATE OF CALIF'C PiUA NARRATINE/S UPPLEMEN"A"' PAGE 9 OF 16 DATE OF INCIDENT "IME NCIC NUMBER pFFICER LU. CASE NUMBER 3-22-051 '9024 CA0070700 352 P06-6240 1 STATEMENTS; 2 3 PARTY # I (P-1, NASIR KEf I NI: P-1 said he had just left the senior center in Pinole and was on 4 his way home tc EI Sobrante He said he was traveling in the # 1 westbound lane of San Pablo 5 Ave approachinc; Fern Ave al approximately 30 miles per hour. He said he did not see P-2 in the 6 crosswc,llk until ii was to late. -le said he heard a ioud crash and saw his windshield shatter. He 7 said he stepped on the brakes and came to a complete stop, He said he got scared and continued 8 driving Eastbound on San Pal do Ave. Initially P-1 said Pass-1 was frightened and was on his way 9 to take Pass-1 home. He said he was planning to return to the scene after he dropped Pass-1 off 10 at home (EI Sob ante). He said he realized he hit someone and turned left on Smith Ave. 'I 1 12 PASSENGER # ;I (PASS-11PY RA KHAN): was contacted as the passenger of V-1. He said he 13 was seated in the # 3 seat of'(-I. He said P-1 was driving V-1 in the # 1 westbound lane of San 14 Pablo Ave. He sziid he did not look at the speedometer but remembered telling P-1 to, "SLOW 15 DOWN" prior to t:-ie collision. Ile said he did not see P-2 in the crosswalk. He said he heard a loud. 16 crash and saw th I; windshield :)f V-1 shatter. He said after the collision he saw P-1 drive V-1 1.7 westbound on SE n Pablo Ave then turn south on Smith Ave. 18 19 Party# 2 P-2 ROBERT ABA i 2):l was unable-to get a statement from P-2 due to his injuries. 20 21 WITNESS�A SANDER!jgN See officer Blume's supplement. 22 23 WITNESS_# Z (W..2 STERL'1NF See officer Blume's supplement. CO1Vt IDL_ 1 ! I FOR LPN ENFORCEMENT USE OP 24 NOT TO BE RELEASED 2.5 WITNESS # 5 W,3 K. JONES� See officer Blume's supplement. PINOLE P�V DEPARTMIENT 26) release date/releasing officer 27 WITNESS #�;4 A.MARIDt1ENAt: See officer Blume's supplement. 28 PREPARED BY LD.I IUMBER DATE REVIc E 'S NAME DgTE U. Nieves 35� 3-22-08 �- El4:'1E/2110S 11: 49 16192Bo9898 STAPLES PAG- 16/26 STS:= I C,F.i IFC:ChTxix NARRA4 T IV EjrS!,IPPLCFVlcN 1 AL DATE OF INCIDENT l IME NOIC NUMBER OFFICER I.D. CASE NUMBER 3-22-09 2324 CA0070700 352 PGn-6240 1 WITNESS # 5 (VV-5 T. MARU WU.N.AI: See officer Blume's supplement. 2 3 WI T NF:-S #6 AV-6 I.G. JONE gL. See officer Blume's supplement. 4 5 OPINIONS AND CONCLUSIONS: 6 7 SUMMARY: P-1 was driving '/-1 in the # 1 lane of westbound San Pablo Ave near Fern Ave in 8 excess of 45 mill;s per hour. F'-2 was crossing the street northbound and was struck by V-2. 9 10 AREA CIF IMPACT: I determi )ed the area of impact to be in the # 1 westbound lane within the 11 intersection of Scrn Pablo Ave and Fern Ave. Witness statements placing V-1 and P-2 within the 12 intersection, vehi;:le debris an i P-2's point of rest determined the area of impact. The exact AOI 13 could not be determined duet) conflicting statements. , 14 16 IRIM, 20 21 Was W1 .24 26) . I - 27 son MR PEW UUNNIULN ! 77- FOP, LAVs' ENFORCEMENT USE ON NOT TO BE RELEASED PREPARED BY I.D.IIUMBER DATE REVD R'SNAME rll' V iEN U. Nieves 35. 3-22-08 re,eas;: u �;,�icicaaiy � 'icer 1'14:'16.•'2©08 11: 49 16192269996 STAPLES PAGE PINOLE PJLICE DEPT 880 TENMENT AVENUE PINOLE, CA 94564 nc) CONFIDENTIAL FOR LAW E*ORCEMEN T USE ONLY NOT TO BE RELEASED PINOLE PO ICP DEPARTMENT rsi°ase date/releasing nffiaer [t4;'16i_'�68 1i: 49 16192869898 STIPFL_c, P d6 18i 2E STATE O:CALaT(IRNLk Nfi{RKA T IVE/J OPPLEMEN 'AL PAGF/j OF /L, CJATE OF INCIDEiNT -'IME NCIC NUMBER OFFICER I.D. CASE NUMBER 3-22-0S) :024 CA0070700 352 POS-6240 4 �� 6 71� - - - - -- _- �LNOW 10 '12 `13I -- 14 5 16 17 CAUSE, P-1 caused this col ision by driving V-1 in violation of Vehicle Code section 23152(ay2m:� 18 driving under the influence. 19 20 A Secondary collision factor v las P-1 was driving V-1 in violation of Vehicle code section 21950, 21 driver must yield •:o a pedestri,c n in an intersection. 22 23 The cause was established bl, witness statements, damage to V-1, visible signs of injury to P-2, 24 P-11 objective signs, symptoms, and P-1's .15 BAC. 2,5 26 =COMMEND 41;101'8: Forw ird to DA for prosecution for violation's of Vehicle Code sections 27 20001(a) (Hit-and Run), 2315.(b) (DUI .08 or more causing injury), Penal Code sections 191.5(a) }h�. W E'Nif OFICDIENT USE ONLY T\IU i ; BE RELEAS 'D PINOL E POLIO DEPARTMENT PRWPARED BY LD. !UMBER DATE REVIrsWrP�S NAME` r DATE U. Nieves 35:: 3-22-08 � . ' �� alrP �asinn � '.0 04/16/200B 11: 49 1619286989E STAPLES PAGE 19/26 STATE Or CP'.LirV.iNlfi NARFU�T iVEISUPPLEWiENT AL PAGE�'� OF 1,C DATE OF INCIDENT T ME NCIC NUMBER OFFICER LD, CASE NUMBER 3-22-09 2024 ^x4,0070700 332 POS-6240 1 (Vehicular manslaughter witt gross negligence) and 273(a) (Childendangerment likely to cause 2 GBI), 3 4 CONFIDENTIAL FOR LAW ENFORCEMENT USE ONLY NOT TO BE RELEASED PINOLE POLICE DEPARTMENT release date)}'eieasing otiicer PREPARED BY I.D. JUMBER DATE REV3EWE DATE U. Nieves 35;: 3-22-08 i 16/210aE� 11: 49 1619286499E STAPLES PA3E 20/26 STATE OF CALIFC,RNIA NARR.r4TIVE/SI,JPPLEMEN—AL PAGE i O DATE OF INCIDENT "IME NCIC NUMBER OFFICEP, I,D. CASE NUMBER 03-22-08 ; 024 CA0070700 245 P08-6240 1 SUPPLEMENT 2 3 ON 03-25-2008 AT ABOUT , 000 HOURS I RESPONDED TO THE AREA OF SAN PABLO-AVE 4 AND ALVAREZ AVE TO TAE :E ADDITIONAL MEASUREMENTS. THE MEASUREMENTS ON 5 THE ORIGINAL REPORT W ERE ONLY TAKEN FROM ONE CORRECT POINT, 6 7 THE FOLLOWING SHOULD REPLACE THE MEASUREMENTS ON THE LEGEND. 8 9 ITEM 1 i'LEr=T TIRE) 10 START; 19'W 01= THE PROLONGATION OF THE WICURB OF ALVAREZ AVE,AND 23' S/O:F-_ 11 THE N/CURB 0.:: SAN PABLD .AVE. 12 END: 91'W OFTHE PROLONGATION OF THE W/CURB OF ALVAREZ AVE,AND 35' N/OF 13 THE S/CURB OF SAN PABL :) AVE. 14 -15 1 WAS UNABLE TO LOCATE THE RIGHT TIRE SKID WHEN I RETURNED TO THE SCENE. 16 'I7 ITEM 2 dLICENSIE PLATE FF,AME PIECES) '18 71"W OF THE P:ZOLONGAT ON OF THE W/CURB OF ALVAREZ AVE.AND 34' N/OF THE '19 S/CURB OF SAN PABLO AV :-:. 2'0 �?1 ITEM 3 fLICENSE PLATE FF AME PIECES) 22 1 WAS UNABLE TO LOCATE THE LOCATION OF THESE. PIECES L�J 24 ITEM 4• (CIGARE t i E PACK) 4 96'W OF THE PROLONGATION OF THE W/CURB OF ALVAREZ AVE.AND 33` N/OF THE 26 S/CURB OF SAIN PABLO AV[:- CONFIDENTIAL 4:7 FOR I-I\W EN"rDRCEPAENT USE ONLY 28 NOT TO BE PiELEASED MOLE POLI,CEErDEPARTiviENT �-- g officer release Cate/MlGa�M PREPAR;[) 9Y LL. NUME R DATE R_Vi�� `�EP.'S NANIE DATE R. Myovich 249 F14.'16/2008 11: 45 16192869898 STAPLES °:AGE 711:'26 STATE, OF CAi1FoPN1A NARRATI�IJPPLEMEN-AL PAGE Z. OF� DATE OF INCIDEAT -IME NCIC NUMBER. OFFICER I.D. CASE 14 LJ ER 03.22-08 : 024 CA0070700 249 P08-6240 1 ITEM 5, (CREDrr CARDS) 2 103' W OF THE PROLONG/.TION OF THE W/CURB OF ALVAREZ AVE.AND 21' N/0F THE 3 S/CUP.B OF SAN PABLO AVE. 4 5 ITEM 6 S� HOE SKID 6 START:.86-5' W OF THE PF OLONGATION OF THE W/CURB OF ALVAREZ AVE.AND 35' WOF 7 THE S/CURB 01= SAN PABLD AVE- 8 END: 91'W OF THE PROLO JGATION OF THE W/CURB OF ALVAREZ AVE.AND 34' N/OF THE 9 S/CUFZB OF SAN PABLO Ai,E. 10 11 P-27S LOCATION;: 12 HEAD: 102.4' W OF THE PROLONGATION OF THE W/CURB OF ALVAREZ AVE.AND 30.2' 13 N/OF THE S/CURB OF SAN 'ABLO AVE. '14 FEET: 1077W OF THE PROLONGATION OF THE W/CURB OF ALVAREZ AVE.AND 35' N/OF '15 THE S/C:URB O1'' SAN PABL,D AVE. '16 '17 ,l$ .!9 OONFOEJIAL 20 FOR LAW ENFORCEMENT USE ONLY 1 NOT TO BE RELEASED PINOLE POLI EPAPT GENT 22 2.3 release date/releasing officer 24 25 26 27 PREpAREb EY I.D. NUMBER DATE REVIEL P.'S NAME DATE R. Myovich 24? 3/lid 3/`'- - rte 04/16/2008 11: 49 1619286°^098 STAPLES PAG_ 9 TATE CF DALIFORNN: INJURED ! WITNESS / PASSENGERS _CHP 555 Paaa 5 IRev. 7-D3) C'?I 06'1 PBp° ➢D.TE OF COLLTSIDN (M0. DAY YEAR) IV,E130c) NCIOL OFFICER I.O. HUMBER - c'g-2 �t78 _ 2023 I ,Aom4e7oo , �Nr I Po6- N2-/G IFS EXT..NT OF INJURY("X"ONEI INJLP,_p WAS("Y."ONE) —�— yUITNC$¢ ppEEENGp F, AWE 3Pi NUMBS PO r BAO EOVEP. CJg CTEf. ONLY I ONLY KATAL SEV1:;C OTHER VICIHLE COMPLAINT pRNBA PASS. PED, I9ICYCLI97 OTHER 1 INJURY NJUIY I INJURY I OF PAM �_. N NE ID.O.?./AD➢IEEE TELEPHONE ,C•t���iGl3�itFc1�sa��EF,SoM ---�,5��6_2 /�O�WAts�Y G_r X�RGvtEs rst gssU� �S/,�=�1toy. INJURED ONLYI'TRANSPOi:TED 0), TAKEN TO: 0E1:ORI8E INJURIEe VICTIM OF VIOLENT CRIME NOTIFIED ,�zl ❑ Int Ir, ❑ ❑ _ I ❑ I ❑ I ❑ I ❑ ❑ I ❑ I ❑ I NAEIE I D.O.G.!APDREN$ TELEPHONE % i cfi !' J Ilr n/� rod l g6f�LVA471�AK tT{!� $ T r�L� li�G- 7sc"ci+. (IN&AEDONLY) 7RANEFORTIEDDY, TAKCN TO: 0E9CRIBE INJURIES - t'CTGA OF'✓IDLENTCRIAIE NOTIFIED ❑ ❑ I ❑ I ❑ I ❑ ❑ I ❑ I ❑ I I I NAME C.0,9./ADDRESS TELEPHONE J;1<<�r�✓ ���7Mr�/ ' �Qry I_ 6/ ()NJ(IRED ONLY)TRA.SSPORTEO RVI TAKEN T0: OE—SURIBE INJURIES / - ❑VICTIM OF VIOLENT CRIME NOTIFIP0 � I ❑ 155'1 f , ❑ ❑ I ❑ ❑ ❑ I ❑ I ❑ ❑ ❑ I JANB;lO,O.P,IAC+DRE35 TELE PHONE INJURED ONLY)TRANSPORTED Rye TAKEN TO: 1E8C RISEINJURIFB —�— n VICrNi OF VIOLENT CRIME NOTif IE(1 �1���1�, ❑ I I� ❑ I ❑ I ❑ ❑ I � I ❑ I ❑ I I TAME I D.O.0,/ADDRE C� TELEP40NE ,*T APT A )14 � NJURED ONLY)TRANSPORTED BY: TAKENTO, f9CIi ISE INJUR IEB 'ff / —7/ / ❑VICTIM OF V10L0,17 CRIME NOTIFIED WE ID.O.8,/ADDRESS TELEPHONE_ )_y/✓//S5 �� �r'aac%fv._1Z�� % �3Yli j/�Tli �TldyP�i7i7 '?Urisir s 05 'IJURED ONLY)TRANBPOATEO BY; Ir tG 817 IICS II ESDF;tBF,INJURIES Y I-! L 7 N L I rIRU F4T1GT"�': RfnT Tn LEASPD INTO..P PTLIC�,DEPAP1TNlENT OF,1'10 ENik I �1071@I`^n f tEPARER'B HAMS .. e L9,,P,)MHEn 1d0. DAY YEAR REVI` R' NAME D4I16:'2DDE 11: 49 16192E69SK STAPLES F'CE 23:'26 STATE()F CALIFC1RNfA. NARRATIVE/S IIPPLEMEN"AL PAGE C OFy DATE 7 INCIDENT "IM= NCIC NUMBER OFFICER I.D. NUMBER 03/22/08 : 023 CA0070700 341 poe�2ao 1 Su.nnlement: 2 On 03/22/08 at 2023 hrs, I was dispatched to the area of 1967 San Pablo Ave. for the 3 report of .a vehicle VS Pedestrian collision. I responded from 2501 .Appian Way. I arrived at 4 approx 2(126 hrs. I loc ated PED-1 laying face down in the number 1 lane of Westbound San 5 Pablo Av:1. Blood was pooled under PED-I's head. Pinole Fire arrived on scene while I was 6 attempting to locate P—D-1's pulse. I was unable to locate a pulse on PCD-1 and Pinole 7 Fire bege i CPR on PI:D-1. 8 9 Parties: 10 11 Witness #1 (W1,Gerald San Jerson 12 VVI was contacted at 1 le scene standing an the south sidewalk of San Pablo Ave, W1 was 13 identified with a hard c)py California driver's license. 14 ,15 Witness #2 M2 Erica Sterlil1M 16 W2 was contacted at t ie scene standing on the south sidewalk of San Pablo Ave. W2 was '17 verbally identified. '18 19 Witness; #3 IM Kevin Jones,) W3 was Contacted at ti le scene standing on the south sidewalk of San Pablo Ave. W3 was <;1 verbally id::ntified. 22 2:3 Witness #t4 (VV4 14ndrea Mari duena) 24 W4 was cc:)ntacted at ti ie scene standing on the north sidewalk of San Pablo Ave. W4 vras 25 verbally identified. 26 COf�JF{DENT{A! FOP, I-AVtI ENFORCEMENT USE ONL'r' 27 NOT TO BE RELEASED 25 PiNOLE POLICE DEPARTIVIENT Pr release date%releasing officer PREPARED,BY I.D. NUMBER DATE REVIEwER'MAME DATE 7—Blume 34' 03/22107 ��- Fj C4r'1o!'2©06 11: 49 16192864"98 STAPLES pA.C, 24r'2E NA14RRA i1VQS1jRPLPIAL PAGE QRS DATE OF INCIDENT IMF NCIC NUMBER OFFICER LD, NUMBER 03/22/08 -'023 CA0070700 341 1 Witness 95 !; Tiara Mari( uena 2 W5 was contacted at the scene standing on the north sidewalk of San Pablo Ave. 1W was 3 verbally i,ientified. 4 5 Witness #6 (Will-Dennis Joi ,es 6 W6 was contacted via telep'ione on 03-23-08 after flagging down an Officer and advising they 7 witnessed the collision on 03 .22-08. W6 was verbally identified. 8 9 Statements: 10 11 1111-1 (Garaid Sanderson) sa d he was traveling EJB on San Pablo Ave (SPA) in the area of SPA '12 and Jones Ave. W-1 said h�- was in the number two EIB lane of SPA. W-1 said he saw V1 -13 traveling WIB in the number )ne WiS lane of SPA, in the area of 1907 SPA. W-1 estimated VI's 14 speed to be 45 rnph. W-1 sa d he heard VI's tires skidding then saw VI strike P2 in the area of 15 SPA and Fem Al1e. W-1 said P2 "Flew tan or fifteen feet" west before landing in the number one- 16 ne16 E/B lane of SPA W-1 said V1 came to a stop after colliding with P2. W-1 said V1 then quickly 17 accelerated and continued tic veling W/B on SPA. W-1 said he called 911 from his cellular phone 18 but was unable to get through to an emergency dispatcher. 19 20 W-2 (Eriica Sterling) said shlr was sitting inside her friend's apartment at 760 Alvarez Ave Apt# 21 108. W-2 said the room she eras sitting in has a window that faces SPA. W-2 said this window 22 was open at the time of the cc 1lision. W-2 said, "I heard the brakes lock up then I heard bam and 1 23 ran outside and slaw the man I eying in the road." 24 25 Vit-3 (Ke,vin Jonas) said he eras sitting inside his apartment at 760 Alvarez Ave Apt# 108, W-3 215 said the room he was sitting ii i has a window that fads SPA. V11-2 said this window was open at 2'7 the time of the co iision. W-3 said, " 1 heard rubber burning, then heard a vehicle accelerating then 293 1 heard boom and the car stol Iped." W-3 said he immediately looked out of his window and saw OONFINNTiAL FOR LAW ENFORCEMENT USE ONLY Nn T Tn BF R C �n^.c PREPARED BY I.D. DUMBER DATE REVIEW AI Z.Blurne 341 03/22/07 Lr POLICE DEP/ ,I N release date/releasing officer 04/16/2006 11: 49 16192869698 STAPLES PAGE 25126 ST TE OE OIC CA5_IFOP':UA NARRATIVEISUIDPLEMENT,kE PACE`/ OF 5A_- E_O'; INCIDENT TI VIE NCiC NUMBER OFFICER I.D. NUMBER 03/22/08 2C 23 CA0070700 341 P08.5240 1 P2 lying on the ground in tI'a number one E/E lane of SPA. W-3 said he saw a yellow Ford 2 Mustang (V1) stepped just e�ist of P2. W3 said V1 then backed E/B in the turning lane between 3 E/B and W/B SPA. W-3 said i�1 then sped off reaching speeds in excess of 50 mph, traveling VV/B 4 in the number one W/B lane c f SPA. W-3 said he ran outside to check on the welfare of P2. 5 6 W-4 (Andrea Ml iriduena) .sa d she was traveling ME in the number ons lane of WB SPA. W-4 7 said she was trr.veling at ap xoximately 30 mph while passing the driveway to 2000 SPA. W-4 8 said there was a yellow Ford Mustang (V1) traveling behind her. VV 4 said V1 entered the turning 9 lane allowing ac(::ess to the criveway of 1907 SPA. NM-4 said V1 accelerated rapidly and passed '10 her vehicle while in the turnir g lane. VV-4 estimated V1 to be traveling in excess of 45 mph. W-4 '11 said V1 then entared the nun iber one lane of WB SPA. VV-4 said there was a vehicle traveling in '12 the number two IiV/B lane of SPA in the area of Fern Ave and SPA. W-4 said the vehicle in the '13 number two W/E lane of SPI, was slowing to allow P2 to cross the street in the cross walk. W-4 '14 said P2 began \Aialking N/B a .ross the WB lanes of SPA. VV-4 said V1 continued W/5 and struck 015 P2. V1 then carr a to a stop .ifter striking P2. V1 then speed off traveling W/B in the number one '16 W/B lane of SPA. W-4 said :the followed V1 to SPA and Appian Way where V1 turned left and '17 entered the .parking lot of Appian Liquors. W-4 said V1 then exited the parking lot of Appian '18 Liquors and trav-led E/B on SPA in the number two lane of E/B SPA. V1 then turned S/B on '19 Smith Ave wherE she lost sigl It of the vehicle. 21 W-5 (T Tara Mariduenal) said !-.he was traveling W/B in the number one lane of W/B SPA. W-5 said 22 .she was travelin13 at approximately 30 mph while passing the driveway to 2000 SPA. W-5 said 2.3 there was a yell;)w Ford Mu:yang (V1) traveling behind her. W-5 said V1 entered the left hand 24 turning lane allowing access to the driveway 1907 SPA. VV-4 said V1 accelerated rapidly and 25 passed her vehirie. W-5 est mated V1 to be traveling in excess of 45 mph. V1'-5 said V1 then 26 entered the number one lane of WIS SPA. VV-5 said there was a vehicle traveling in the number 27 two lane: of W/B SPA in the ;area of Fern Ave and SPA. W-5 said the vehicle in the number two 28 WB lane of SPA was slowin ; to allow P2 to cross the W/B lanes of SPA. W-5 was standing on GONE ICENTIAL FOP, LAW ENFORCEMENT USE ONLY _ 1 AI(1T Tn-, 5,r REL,! q-rn. PREPARED By 1.1 . NUMBER DATE REVicwE b,NAMIE � "�BFf_C � Z.Blume 3, 1 03/22/07 WE POLE DEFFi1I;�} T r�l?ase i;a•te/releasing officer E�4/i6:'28C�B 11: 45 1619285g69E STAPLES PAGE 25/26 S I ATE VOF CALIF0 1.A NARRATIVEISUPPLEMEN1 AL PAGE ORL DATE OF: INCIDENT 1IME NC1C NUMBER OFFICER ID, NUMBER 03/22/08 2123 CA0070700 341 P08.6240 1 the raised medi m in front of .tones Ave. W-5 said P2 began walking NIB across the W/B lanes of 2 SPA. W-5 said V1 continued W/S and struck P2. V1 then came to a stop after striking P2. V1 then 3 speed off traveling W/Q in tt e number one WIB lane of SPA. W-5 said she followed V1 to SPA 4 and Appian Wair where V1 tI Imed left and entered the parking lot of Appian Liquors. W-5 said V1 5 •then exited the ;)arking lot of Appian Liquors and traveled E/B on SPA in the number two lane of 6 E/B SPA. V1 the!n turned SIE on Smith Ave where she lost sight of the vehicle. 7 8 'Iftf-6 (Dannis Jc nes) said he was traveling in the number one E/8 lane of SPA, W-6 said he saw 9 what he believed to be a wh to Ford Mustang (V1) traveling in the number one lane of VVIB SPA. 1D W-6 said he firs!: saw V1 in the area of 1907 SPA (Green Lantern). W-6 said V1 was traveling in 11. excess of 45 mph. W-6 said he saw P2 standing in the roadway between the E/B and W/B lanes 12 of SPA just east of Jones A ve. W-6 said he watched as P2 began to walk northbound into the 13 number one lays of W/B SFA. W-6 said he saw V1 swerve to the left then swerve back to the 1.4 right, striking P2.. W-6 said P 2 "Fiew into the air" and landed in the number one lane of E/B SPA. 15 W-6 said he pulled his vehic e into the number two E/B lane of SPA to avoid hitting P2. VV-6 said 16 V1 continued WIS in the nurr bee one W/B lane of SPA. 17 C0NF'q DEi� FOR LAW ENFORCEMENT USE ONLY NOT TO BE RELEfASED PINOLE POLICE �DEPAR7JIENT rel°ase date/releasing offiicer PREPARED 6Y f. NVM6ER DATE REVIEWER' ME DATE Z.Blume :41 03/22/07 7 �_