INTEROFFICE MEMORANDUM

Transcription

1 INTEROFFICE MEMORANDUM DATE: March 21, 2014 PHONE: FROM: TO: Shannon L. Faherty Deputy District Attorney Victorville Office Gary Roth Assistant District Attorney Bruce Brown Chief Deputy District Attorney SUBJECT: Fatal Officer-Involved Shooting Involved Officers: Detective Brad Bonnet Deputy Paul Casas Deputy Jason Fortier Deputy David Page Sergeant John Walker San Bernardino County Sheriff Department Specialized Enforcement Division/SWAT Suspect: Enrique Carlos Rodarte, DOB 08/04/1981 Incident: January 11, 2014, 2152 hours Lacy Street, Victorville, California Investigator: Detective Gary Hart San Bernardino County Sheriff Department Homicide Division Agency Report: DR H# STAR: SUMMARY Source of Information The Summary provided in this matter is based on the investigation and submitted reports of the San Bernardino County Sheriff Department Homicide Team assigned to the matter. Those reports include statements of all involved law enforcement, civilian eyewitnesses, photographs, audio recordings and call logs. Page 1

2 January 11, 2014 Incident At approximately 2152 hours, Sheriff s Department 911 received a phone call that a Hispanic male was brandishing a gun at Zenda Street in the City of Victorville and he had pointed the gun at people inside the residence. San Bernardino County Sheriff Department Deputies Max Kunzman and Eric Rose were the initial responders to the scene. They saw a green Suburban, believed to be the suspect vehicle, fishtail out of a residence and flee at a high rate of speed. Deputies Kunzman and Rose activated the overhead lights and siren of their marked patrol unit and attempted a traffic stop of the Suburban 1. The vehicle ran the stop sign at the end of Zenda Street and failed to yield. While still pursuing the Suburban on S. Mojave Drive, the driver of the vehicle (later identified as Enrique Rodarte) extended his left arm out of the driver s window, holding a suspected black semiautomatic handgun with some silver on it. The gun was pointed directly at Deputies Kunzman and Rose who were approximately one and one-half car lengths behind Rodarte. As they approached Joshua Street, Rodarte leaned his body out of the window to continue pointing the gun at Deputies. Deputy Rose advised dispatch about the failure to yield and the gun 2. The pursuit ended on Lacy Street where Enrique Rodarte ran over mailboxes and hit a block wall. Rodarte then exited the vehicle while it was still moving, pausing to turn and reach into the Suburban 3. Deputies Kunzman and Rose exited their patrol vehicle, verified there were no additional occupants in the Suburban and continued their pursuit of Rodarte on foot. They observed Rodarte run around the east side of Lacy Street 4. Rodarte s Residence Rodarte s Vehicle 1 Although he was approximately 75 yards behind Kunzman s patrol vehicle, Deputy Buell confirmed he could hear the sirens and see the lights. 2 Deputy Rose alerts dispatch of the gun at 21:57 and again at 22:01. Deputies monitoring the radio also confirmed they heard both Deputy Kunzman and Deputy Rose announce the suspect had a gun. 3 Deputy Rose considered firing his weapon but did not because a family of four was standing immediately downrange. 4 Deputy Rose described Rodarte as a Hispanic male, heavy set, wearing a gray Pro Club t-shirt, white and gray checkered shorts and a white Fedora. Rodarte was wearing the same clothing at the time of the shooting. Page 2

3 Rodarte paused to open a chain link fence separating the front and back yard of the residence. Deputy Rose ordered Rodarte, at gun point, to stop and show his hands. Rodarte continued through the gate into the backyard of the residence. Deputy Rose briefly lost sight of Rodarte and waited for Deputy Kunzman to avoid ambush. As they were turning the corner to the backyard of the residence, Deputy Rose heard a door being kicked in 5. Deputies approached the door and did not see Rodarte in the garage. Deputy Rose deployed three cans of OC into the garage and confirmed Rodarte had exited the garage and gone into the residence. Believing Rodarte to be barricaded inside the residence with a firearm, Victorville City Sheriff Deputies surrounded the location. Several marked patrol units parked in front of the residence and used their spotlights to illuminate the house. PA announcements were made in both English and Spanish 6 for approximately one hour with no response 7. Sergeant Dave Burgess then contacted the Specialized Enforcement Division for Specialized Weapons and Tactics Team (SWAT) assistance with the suspect. During this time, Deputy Antonio Juarez recontacted the original Reporting Party and confirmed the suspect waving the gun was named Carlos Rodarte. The Reporting Party believed the gun to be a black 9mm semi-automatic pistol. The reporting party also expressed concern that Rodarte may be under the influence of a controlled substance, noting that he uses heroin, methamphetamine, and methadone. Deputy Kunzman conducted a search of their records and confirmed the identity of the subject as Enrigue Carlos Rodarte, a Barstow Gents gang member. Deputy Kunzman specifically relayed all information to team members regarding the identity of the suspect, his known criminal association and pointing the gun at him and Deputy Rose. Deputy Buell further confirmed that the suspect vehicle was registered to Enrique Carlos Rodarte at Lacy Street, Victorville. It was also relayed to Deputies that Rodarte had a no-bail felony warrant. During the /SWAT briefing, all known information regarding Rodarte s actions, use of a firearm towards his friends and deputies, criminal history, gang affiliation, and outstanding warrants was relayed to all law enforcement. PA announcements continued and nearby residences were evacuated. A Hispanic male, Michael Rodarte, exited the suspect residence. Deputy Kunzman confirmed he was not the suspect who earlier fled with a firearm. Michael Rodarte confirmed that his brother Carlos Rodarte (Enrique Carlos Rodarte) was in the house and had barricaded himself in the attic. When personnel arrived, they relieved the Victorville Deputies and took over control of the scene. Detective Brad Bonnet was positioned on a rooftop across the street from the target residence 5 Deputy Rose expressed concern in his interview that Rodarte may be going into a stranger s house to hurt them or take hostages. 6 The Spanish announcements were provided by Deputy Pedro Ortiz, a fluent Spanish speaker. His specific announcement was This is the Sheriff s Department. Come out with your hands up. You will not be hurt. 7 The English announcements told Rodarte to come out with his hands up and that the Deputies were not leaving. Page 3

4 as a sniper 8. continued the attempts to contact Rodarte 9, again telling him repeatedly to come out with his hands up, also adding they had a search warrant 10. Detective Bonnet POV At approximately 0200 hours, advanced their Bearcat Armored Personnel Carrier (APC) into the driveway of the residence and deployed a tactical tractor to the rear of the residence. At 0233, Rodarte appeared in the doorway and had a verbal exchange with the members near the armored vehicle, yelling Fuck You! and displaying his middle finger at the SWAT officers. Rodarte retreated back into the residence and closed the front door. At approximately 0220 Detective Joe Catalano saw Rodarte through the front window with a gun in his right hand; Rodarte was not using the master grip and his finger was in the trigger guard. Detective Brian Lopez also saw a shiny object in Rodarte s right hand and yelled to his fellow SWAT officers that Rodarte was at the east window and he had a gun. Rodarte was then spotted at a different window, again with something shiny in his hand. Deputy Ferris Short radioed that information to all parties. Rodarte was then observed by Detective Arrieta at a rear window with what he believed to be a firearm. That information was also radioed to all parties. Shortly thereafter, Rodarte again appeared in the front doorway. He was well lit from the APC lights and the patrol vehicle spotlights. SWAT officers immediately ordered Rodarte to raise his hands in the 8 In addition to the briefing, Detective Bonnet had reviewed the CAD log while en route to the incident location and was aware that Rodarte had brandished a firearm at Deputies during a pursuit. 9 Deputy Juarez repeatedly tried to contact Rodarte via cell phone without success. 10 A search warrant for the residence was signed by the Honorable John Tomberlin at 23:23 hours. Page 4

5 air, using the public announcement system. Rodarte was holding a 40 ounce beer in his left hand and extended his right hand in the air and displayed his middle finger, again yelling Fuck You at the SWAT officers. Rodarte then quickly put his right hand into his poncho pocket and raised it in the direction of the personnel. Detectives Lopez, Catalano, and Juarez all yelled hands! in an effort to alert others of Rodarte s movements. Believing Rodarte was in the process of retrieving a handgun to shoot the officers, several members discharged their firearms at Rodarte 11. Rodarte fell in the doorway and remained motionless. Rodarte died at that location. The residence was cleared and no additional persons were located. San Bernardino County Sheriff Homicide Division was called to the scene to conduct the investigation. APC BODY APC FCCs 11 See chart on page Fired Cartridge Casings were recovered on the street in the immediate area of the APC. Page 5

6 A black and silver Marksman.177 caliber BB pistol was located in the front yard at Lacy Street. Tire marks on the sidewalk indicate this location was directly adjacent to the path of the original pursuit with Deputies Kunzman and Rose. - Rodarte s Residence Rodarte s Weapon Page 6

7 An autopsy of Enrique Rodarte was conducted on January 14, 2014 at the Riverside County Coroner s Office. Dr. J. Young located 28 distinct entry wounds on his person in the head, chin, neck, shoulders, chest, abdomen, thighs, knee, shin, groin, and right forearm and hand. The official cause of death is multiple gunshot wounds resulting in death within seconds. ADDITIONAL INFORMATION Law Enforcement Weapon Discharge Law Enforcement Detective Brad Bonnet Deputy Paul Casas Deputy Jason Fortier Deputy David Page Sergeant John Walker Assignment Location Weapon 12 Shots Fired Team 6 Team 4 Team 4 Sniper position, roof across street Rear of Bearcat APC - #2 position Rear of Bearcat APC - #1 position Turret of Bearcat APC Rear of Bearcat APC - #3 position Remington 700,.308 caliber rifle Colt M4,.223 caliber rifle Colt M4,.223 caliber rifle Colt M-4,.223 caliber rifle Colt M-4,.223 caliber rifle 1 1 burst (6 rounds) 1 burst (3-6 rounds) 2 bursts (8-10 rounds each) 1-2 rounds APPLICABLE LEGAL STANDARDS Arrest or Detention Use of Reasonable Force Duty to Submit A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. (California Penal Code Section 835a). Self-Defense/Defense of Others The (officer) acted in lawful self-defense or defense of another if: 1. The (officer) reasonably believed that he or someone else was in imminent danger of being killed or suffering great bodily injury; 2. The (officer) reasonably believed that the immediate use of deadly force was necessary to defend against that danger; AND 3. The (officer) used no more force than was reasonably necessary to defend against that danger. 12 All 5 fired weapons were subsequently examined and test fired. They were functional and no modifications were observed. Page 7

8 CALCRIM 505. Modified. - Instruction upheld. People v. Lopez (2011) 199 Cal.App.4 th 1297, 1306; People v. Genovese (2008) 168 Cal.App.4 th 817, 832. Justifiable Homicide: By Public Officer The (officer) is not guilty of murder/manslaughter if he killed someone while acting as a public officer. Such a killing is justified and therefore not unlawful if: 1. The (officer) was a public officer; 2. The killing was committed while arresting a person charged with a felony who was resisting arrest or fleeing from justice or while performing any other legal duty; 3. The killing was necessary to accomplish one of those lawful purposes; AND 4. The (officer) had probable cause to believe that the decedent posed a threat of serious physical harm, either to the (officer) or to others. CALCRIM 507. Modified. Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance 3. When necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with felony, and who are fleeing from justice or resisting such arrest. (California Penal Code Section 196). ANALYSIS AND CONCLUSION Enrique Rodarte triggered this series of events by fleeing from peace officers lawfully engaged in their duties. Rodarte not only evaded Deputies Kunzman and Rose but also pointed a suspected firearm from his vehicle, ultimately escalating the situation. Instead of surrendering at the conclusion of the vehicle pursuit, Rodarte further increased the danger to others by barricading himself in his residence. SWAT officers possessed a reasonable belief that lethal force was necessary to protect their lives and the lives of others based on Rodarte s continuing acts and the information which had been provided to them at the situation briefing. Upon eventual contact with Rodarte, he ignored commands by the peace officers to show his hands, instead reaching into his waistband in a manner consistent with weapon retrieval. SWAT officers, acting on a reasonable belief of a need to protect their and others lives, fired their weapons resulting in death to Enrique Rodarte. It is the opinion of this Deputy District Attorney that the shooting was justifiable in self-defense and the defense of others and no criminal liability attaches to the conduct of any involved officer. Page 8

9 Respectfully Submitted, MICHAEL A. RAMOS District Attorney SHANNON L. FAHERTY Reviewing Deputy District Attorney Date BRUCE BROWN Chief Deputy District Attorney Date GARY ROTH Assistant District Attorney Date Page 9