I N T E R O F F I C E M E M O R A N D UM

Transcription

1 I N T E R O F F I C E M E M O R A N D UM DATE: July 8, 2011 PHONE: (760) FROM: THRU: TO: Colleen M. Goggin Deputy District Attorney Victorville Division-Annex Gary Roth Chief Deputy District Attorney Victorville Division Dennis Christy Assistant District Attorney-Criminal Operations SUBJECT: Officer Involved Fatal Shooting Involved Officers: Detective Jay Hagan, Sergeant Gary Somerville, Detective Jeffery Toll, Detective Robbie Debois, Deputy Robert Theiss, and Deputy Ryan Gutierrez Involved Agency: Victor Valley Sheriff s Department Deceased: Mansouri, Amir, 05/10/1978, Adelanto Date/Time of Incident: October 21, 2010, approximately 13:30 Incident Location: Lilac Road, Adelanto Case Numbers: San Bernardino County Sheriff s Case DR / H#91-10; San Bernardino County District Attorney Star # Investigating Officer/Agency: Detective L. Niles, Case Agent San Bernardino County Sheriff s Specialized Investigation Division, Homicide Unit CRIME SCENE DESCRIPTION The property located at Lilac Road is in a remote, sparsely populated area in the county area of Adelanto. There are few trees and is mostly a sand

2 and dirt covered area. The residence and yard are surrounded by a makeshift chain link fence. Some portions of the fence have loosely placed barbed wire above the chain link portion. At the entrance to the property is a pair of gates. On October 21, 2010, upon arrival of the deputies the outer gate was locked using a chain and padlock. Thirty-five feet down the dirt driveway was the other gate. There was a device found at the north end of the driveway that appeared to be a warning system. It had a pressure tube buried just below the dirt surface and was linked to an electrical box which was to activate as someone approached the house. There are a number of logs and boards with nails protruding positioned around the exterior side of the perimeter fences which appeared to detectives to be used to prevent vehicles from driving around the property. The property was littered with several vehicles, campers, appliances and storage sheds. There was also a six foot high wooden fence inside the perimeter of the property stretching from the southwest corner of the residence to the chain link fence. The residence itself is a double-wide trailer with entry doors on the south, east, and west sides. Bars are attached to the exterior windows and on the interior portion of the southern entry door a metal bar was placed horizontally. The bar prevented a person from outside the door from entering. There is a tow-behind camper trailer attached to a building under construction. Both were elevated and provide a crawl space beneath them. This structure is located in the north-east corner of the property. STATEMENT OF FACTS Late in the afternoon of October 20, 2010, Det. Jeffery Toll, assigned to the Victor Valley division of the San Bernardino County Sheriff s Department, received information from Sgt. Gary Somerville that there was a possible rape/kidnap victim in a Moreno Valley hospital. Sgt. Somerville related the information he d received was that the victim had possibly been raped and held against her will in the city of Adelanto. The victim was in the hospital having a miscarriage. Det. Toll telephoned the hospital and spoke with a counselor. He confirmed that the victim was not in any eminent danger and that she was there on an unrelated medical situation. At the time he received - 2 -

3 the information Det. Toll was in Los Angeles County on an investigation and planned on contacting the victim the next morning. On October 21, 2010, Det. Toll went to Riverside County and met with Jessica E. Jessica explained that over the course of the summer of 2010 she lived with Amir Mansouri at Lilac in Adelanto. During that time, Mr. Mansouri took her car keys, refused to allow her to leave and told her he would kill her and/or her family if she ever left him. He told her that if she were ever to try to run, he would shoot her in the back of the head, feed her to his pit bulls, and bury the parts of her that they wouldn t eat. He also told her he had buried an AK47 on the property. Jessica E. told Det. Toll she d found several medications and had asked Mr. Mansouri what they were for. Mr. Mansouri told her he was bipolar/schizophrenic. She also explained how she d found a letter from Mr. Mansouri s mother. It was addressed to Mr. Mansouri and explained how his mother was afraid of him and had moved away to get away from him. Jessica told Det. Toll she knew Mr. Mansouri had firearms on the property because he d once been killing small animals on the property with his son. She had heard the gunshots and saw the dead animals. Jessica specifically recalled Mr. Mansouri telling her that the only cops allowed at his house was the one buried under his trailer and that if the cops ever showed up at his house, he wouldn t go down easily. He told her that if that happens, she should go lay down in the bathtub so she didn t get hit by the bullets. He did not want to go back to prison. Jessica E. felt he was a very paranoid person. While meeting with Jessica E., Det. Toll suggested a pretext phone call could be helpful. She agreed and a call was attempted. Initially Mr. Mansouri didn t answer his phone but returned the call shortly thereafter. The conversation centered around Jessica E. informing Mr. Mansouri of the miscarriage and trying to get him to discuss his behavior toward her. He made some admissions explaining her confinement in his house as him putting her on bed rest. At the conclusion of the conversation, Mr. Mansouri made suicidal comments indicating he would shoot himself to make Jessica E. happy. Det. Toll was concerned for Mr. Mansouri s safety as well as his access to firearms. It was confirmed that Mr. Mansouri was a convicted felon and therefore could not lawfully possess firearms

4 Det. Toll made contact with Detectives Debois and Valencia and briefed them on the situation. Debois and Valencia went to Mansouri s address and waited for Det. Toll to arrive. Det. Toll went back to the station and explained to Sergeant Jordan what was happening. Det. Toll told Sgt. Jordan he intended on going out to make contact with Mansouri to assess the situation. Sgt. Jordan had Det. Toll request the assistance of a marked unit and Deputy Theiss was called to meet them at the Lilac Road residence. Sgt. Somerville heard the call go out while having lunch with Deputy Gutierrez and they met the others at the scene. Det. Hagan rode with Det. Toll. They met with the additional detectives and deputies and explained the plan to make contact and have a consensual encounter with Mr. Mansouri. Present were Sgt. Gary Somerville, Detectives Jay Hagan, Anthony Valencia and Robbie Debois, and Deputies Robert Theiss and Ryan Gutierrez. All were told Mr. Mansouri was suicidal, had access to firearms and was believed to be alone. Initially, Det. Toll was able to reach Mr. Mansouri on the telephone and he was cooperative. When Det. Toll asked him to step outside to talk with him Mr. Mansouri agreed. He told Det. Toll he was outside waiting for him. Not seeing him anywhere on the property, Det. Toll asked him where he was and Mr. Mansouri gave him an address that was on White Avenue in Adelanto. Det. Toll called the address in to dispatch and it was determined this was not a valid address. Dispatch sent a marked unit to the general area of the address given and they were unable to locate anyone matching Mansouri s description. Det. Toll attempted to reach Mr. Mansouri by phone two or three more times but the calls went straight to voic . Det. Toll noticed all the gates around the yard were locked on the inside and saw shoeprints leading away from the fence. This indicated to Det. Toll that Mr. Mansouri was locked inside the property. Det. Toll used his public announcement radio to notify the residents of the home that the Sheriff s department was at the location. He made multiple announcements to have anyone in the home exit. No one came out of the home. The siren was turned on for a short period of time but no one exited the residence. At this point Sgt. Somerville entered the property at the rear by going over a fence. He found an electrical box and turned off the power. He was able to get close enough to the house to feel there was movement inside. He relayed that information to the other officers. At this point Mr. Mansouri began yelling at - 4 -

5 the deputies telling them to leave his property. He yelled that they did not have a search warrant and he did not want them on his property. He is heard threatening to blow up the house and then exclaims he is going to be dumping on them. The threats were put out over the air and the deputies and detectives took cover behind automobiles parked on the property. Det. Toll continued attempting to coax Mr. Mansouri from the house but he refused to come out. They could see Mr. Mansouri in a bedroom and spoke with him through an open window. While Det. Toll and the other detectives and deputies were speaking with Mr. Mansouri at the front of the house, Sgt. Somerville and Det. Hagan checked the rear doors and windows for an opening. The house was locked up. Det. Hagan located a pick axe and attempted to use it to pry open a rear door. Prior to picking up the axe, he placed the mini 14 firearm he d been holding on the ground. Det. Hagan told Sgt. Somerville to relay to the deputies engaging Mr. Mansouri to let him know if Mr. Mansouri left the front of the house. Within seconds of Det. Hagan saying that, Mr. Mansouri opened fire on Det. Hagan. Shots rang out and bullets came from inside the house and through the door Det. Hagan was trying to open. The deputies recall the shots being fired in very quick succession and sounded as though they were being fired from a fully automatic weapon. Expended casings found throughout the interior of the house were 7.62 FCC indicating the weapon Mr. Mansouri used to fire at Det. Hagan was the 7.62 Norinco rifle later located at the scene. As the shots rang out Det. Hagan turned to run and felt something hit his lower back. He sought cover but realized he d left the firearm near the door. Feeling he d only received a minor injury, he remained in that area to retrieve the firearm. At this point in time an officer down call went out over the radio and medical aid was called. At the time of the initial shots being fired, Detectives Debois and Valencia were on west portion of the property behind a vehicle, Detective Toll was with Deputies Gutierrez and Theiss behind a van on the north end of the property and Sgt. Somerville and Det. Hagan were on the south/rear portion at the corner of the residence. Multiple shots in quick succession were fired from inside the house and through the door where Det. Hagan was attempting to enter the house. Det. Hagan realized he was hit and an officer down call went out over the radio. Multiple shots in quick succession again came from inside the house and the officers returned fire. Det. Hagan called out that he - 5 -

6 was okay. Shots continued to be fired and at some point Mr. Mansouri left the residence and was firing from under the crawl space of the trailer/structure under construction. He continued to exchange fire with the deputies and detectives. Sgt. Somerville called out for Mr. Mansouri to put his hands up but that demand was met with gunfire. Deputies could see that Mr. Mansouri continued to move and refused to surrender. Deputies continued to fire at Mr. Mansouri. They call out to him to put his hands up but Mr. Mansouri refused to cooperate. Finally, Mr. Mansouri put his hands up and Sgt. Somerville entered the crawl space and pulled him out. Mr. Mansouri was handcuffed and medical aid was called. He stated he couldn t breathe and asked the deputies to tell his kids he loved them. Within moments he stopped breathing and passed away at the scene. A.223 rifle and a scanner were located under the trailer where Mr. Mansouri was laying. INJURIES TO DETECTIVE HAGAN A small metal fragment, possibly a bullet fragment or a metal chunk from the door, penetrated the lower back. That piece has not been removed and is expected to stay in place. He also received a graze wound to his left arm. PHYSICAL EVIDENCE AT SHOOTING SCENE There are numerous pieces of relevant evidence located throughout the scene. Three primary areas were focused on: the interior of the main residence, exterior portion of the property enclosed by the chain link fencing, and under the outbuilding. Interior of the main residence: There are approximately twenty-eight 7.62 FCC expended shell casings located in the hallway, eating area and bedroom from the midsection to the south end of the residence. There are another three 7.62 FCC expended shell casings located in the north bedroom. An empty 7.62 magazine was located in the hallway. Approximately twenty bullet entry holes were located on the interior side of the south door, three entry holes on the interior east side of the door jamb around the south door, and two bullet entry holes on the front side of a plastic set of drawers located east of the south door. Trajectory reports indicate these bullets traveled from the north end of the residence, in a slightly downward angle, into the area in - 6 -

7 and around the south door. (This is the door Det. Hagan was attempting to open when shots rang out.) There are a number of bullet holes which correspond with bullets fired by deputies from outside the home. Most of these holes are in the west side of the house. Their trajectories indicate the majority were fired in an upward direction. There appear to be two entry holes on the northeast portion of the house. Trajectory reports indicate these two were fired from the area near the outbuilding. They traveled a great distance prior to striking the exterior of the house, indicating they came from Mr. Mansouri s high-powered firearm. Exterior portion of the property: Deputies were grouped in positions surrounding the residence and outbuilding, therefore the evidence is spread out over the area within the fenced yard. Beginning with the west and southwest side of the residence three fired shotgun shells, shotgun wadding and seven.45 caliber expended casings are grouped around an unmarked SBSD detective vehicle. On the south side of the residence are a fired bullet, an empty box of Winchester super X slugs, and a fired shotgun shell. On the east, south/east side of the residence between the house and some vegetation were four fired shotgun shells and thirty-three.223 expended casings. On the other side of the vegetation behind a boat trailer is a grouping which consisted of twenty-seven.45 caliber expended casings. In the east/north east corner of the residence were some blood stains, a backpack and a 7.62 Norinco rifle. The backpack held three magazines, a gas mask, and a large, round, loaded magazine. Under the Outbuilding: This was the area where Mr. Mansouri was ultimately detained. Twelve expended.223 FCC casings were located as well as a.223 Bushmaster rifle with an attached drum magazine and 66 rounds. The rifle had a large amount of blood and flesh on it. Additionally, there were five bullet fragments and four fired bullets located in the area. Between the fragments and two of the casings was a scanner. It is unknown whether it was operational. According to the fired casing count, the total of number of shots fired by Mr. Mansouri was forty-five; thirty from inside the main residence and fifteen from under the outbuilding

8 AUTOPSY RESULTS Per San Bernardino County Sheriff s protocol Mr. Mansouri s body was transported to the Riverside County Sheriff-Coroner s office for autopsy. Twenty nine gunshot wounds were examined. A number were determined to be entrance and/or exit wounds, some were graze wounds and most were located on the arms, legs, and lower back/buttocks area. Only one enters the abdominal cavity. It involves the spleen and stomach and encountered no other vital structures. There were a number of fractured bones apparently resulting from bullet strikes. It was determined that the cause of death was multiple gun/shotgun wounds. GUNSHOT RESIDUE TEST RESULTS Particles considered unique to gunshot residue were located on the right hand adhesive lifted from Mr. Mansouri. Six unique particles were found. None were found on his left hand. The presence of unique gunshot residue particles indicates that this individual fired a firearm, handled a firearm, was in close proximity to a discharging firearm, or contacted a surface containing gunshot residue. TOXICOLOGY REPORTS Results received from BIO-TOX laboratories revealed Mr. Mansouri did not have any measurable amount of alcohol in his blood or urine. Two medications were found in his blood. Gabapentin, a medication prescribed for epilepsy, was measured at 2.9 mg/l and Quetiapine, a medication commonly prescribed for schizophrenia, was measured at.032 mg/l. Only Gabapentin was found in his urine. No illegal substances were found in either the blood or urine samples taken. STATEMENT OF APPLICABLE LAW Use of Reasonable Force Arrest or Detention Duty to Submit

9 A peace officer may legally detain someone if specific facts known or apparent to the officer lead him to suspect that the person to be detained has been, is, or is about to be involved in activity relating to a crime and a reasonable officer who knew the same facts would have the same suspicion. (CALCRIM 2670) In order for an officer to enter a home to arrest someone without a warrant and without consent: The officer must have probable cause to believe that the person to be arrested committed a crime and is in the home; AND exigent circumstances require the officer to enter the home without a warrant. The term exigent circumstances describes an emergency situation that requires swift action to prevent imminent danger to life or serious damage to property, or the imminent escape of a suspect or destruction of evidence. (CALCRIM 2670) 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 or detained; 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. (Penal Code section 835a) A peace officer may use reasonable force to arrest or detain someone, to prevent escape, to overcome resistance, or in self-defense. (CALCRIM 2670) If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is arrested or detained by a peace officer, it is the duty of such a person to refrain from using force or any weapon to resist such arrest. (Penal Code section 834a) Use of Deadly Force Lawful Arrest or Keeping the Peace. [Deadly force] is justifiable and not unlawful when necessarily committed in attempting by lawful ways and means: To apprehend any dangerous person who has committed a felony. A dangerous person is one who (a) poses a significant threat of death or serious bodily injury to the person attempting the apprehension or to others, or (b) has committed a forcible and atrocious felony. (CALJIC 5.25) - 9 -

10 Self-Defense and Defense of Another Homicide is justifiable if/when it is committed by a peace officer and is necessarily committed in overcoming actual resistance to the execution of the legal discharge of a legal duty. (Penal Code section 196) A killing is justified when a peace officer has probable cause to believe that the decedent poses a threat of serious physical harm to the officer or another. A person has probable cause to believe that someone poses a threat of serious physical harm when facts known to the person would persuade someone of reasonable caution that the other person is going to cause serious physical harm to another. (CALCRIM 507) ANALYSIS The deputies in this case approached Mr. Mansouri s house believing he would cooperate with them in an interview. By way of a number of phone calls with Det. Toll, Mr. Mansouri led them to believe he had no problem speaking with law enforcement. While the deputies were outside Mr. Mansouri s property they discovered he lied about his location and it appeared he was trying to avoid contact with them. They also had information Mr. Mansouri was a convicted felon and possibly possessed an AK-47 firearm. Through a series of rapidly evolving events which included Mr. Mansouri firing at Detective Hagan at his backdoor, the situation became lethal. After Det. Hagan was hit by gunfire there were a number of shots fired from both Mr. Mansouri and the deputies. Mr. Mansouri had numerous opportunities to surrender but instead, he chose to escalate the situation. After firing at deputies from inside his residence, he fled from the main residence and took a position under a trailer thereby giving him a tactical advantage over the deputies. The physical evidence shows he continued to fire on the deputies from under the trailer. He had numerous rounds of ammunition, a scanner and two firearms, confirming he never intended on surrendering. To the contrary, he had made statements to Jessica E. that he wouldn t go down easily. At no point did he offer to surrender nor did he indicate he intended to. He continued to fire on the deputies until he could no longer fire his weapon. At this point he was taken into custody. Unfortunately, Mr. Mansouri forced the

11 deputies to engage in a fire fight that resulted in Mr. Mansouri s death. Fortunately, none of the deputies were seriously injured. CONCLUSION It is the opinion of this writer that due to the way the events unfolded, and the choice of Mr. Mansouri to arm himself and fire at officers, the deputies and detectives were left without any choice but to resort to lethal force. When Mr. Mansouri fired upon Det. Hagan he created a threat of serious physical harm to the officers and deadly force was justified. Applying the laws concerning self defense, defense of others and an officer s lack of duty to retreat, it is the opinion of this reviewer that the use of deadly force by the deputies was legally justified and there is no criminal liability on the part of any of the involved officers. Respectfully Submitted, MICHAEL A. RAMOS District Attorney By Colleen M. Goggin Deputy District Attorney Dated: Reviewed by: Dated: GARY ROTH Chief Deputy District Attorney Approved by: Dated: DENNIS D. CHRISTY Assistant District Attorney-Criminal Operations