Martinez

INTEROFFICE MEMORANDUM DATE: August 3, 2010 PHONE: (760) 243-8600 FROM: Suzanne Patton, DDA Victorville Office TO:...

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INTEROFFICE MEMORANDUM

DATE:

August 3, 2010

PHONE: (760) 243-8600

FROM:

Suzanne Patton, DDA Victorville Office

TO:

Dennis Christy, Assistant Deputy District Attorney Gary Roth, Chief Deputy District Attorney

SUBJECT:

Fatal Officer Involved Shooting

Officers Involved:

Deputy Johnnie Mamon, Deputy Roosevelt Dutra, Deputy David Harding Miguel Angel Martinez (DOB 6/10/64) Transient, San Diego, CA March 29, 2010 at 1749 hrs Detective Robert Vaccari, SBSD/Special Investigations; DR# 241001058 STAR# 2010-00-0033708 Apartment Complex at 10800 Block Chamberlaine Way Adelanto, CA 92301

Decedent: Incident Date: Case Agent:

Location of Incident:

Summary The following statement of facts is derived from interviews of the involved parties, belt recordings, call logs, photographs and other information and evidence as gathered by the San Bernardino County Sheriff’s Specialized Investigation Division, Homicide Unit, during the course of their investigation. On Monday, March 29, 2010, Carmen M. was with Miguel Martinez in front of her apartment on Chamberlaine Way in the City of Adelanto. Carmen had known Martinez for about six years. She said Martinez was released from prison about one week prior and was paroled to San Diego County. Carmen said Martinez drank two 24 ounce beers earlier in the day. Sometime later, Carmen and Martinez argued. Carmen told Martinez she was leaving. Martinez took Carmen’s cell phone and threw it at her. Carmen was leaving in her car and Martinez got into Carmen’s white Ford Explorer and said he was leaving also. Before he left, Martinez told Carmen, “You’ll never see me alive again.”

At approximately 1749 hours, law enforcement was dispatched to a disturbance call near Chamberlaine Way and Larkspur Road in the City of Adelanto. The caller described a white SUV involved in a crash with another car. Sergeant Troy Cook and Deputy Roosevelt Dutra responded to the call, with Cook arriving in the area first. Both Cook and Dutra were driving marked police units and were wearing Class A uniforms. Sergeant Cook began looking for the white SUV, which reportedly had a flat tire. Cook noticed a white SUV on Chamberlaine Way and saw the car pull into traffic in front of other cars. Martinez was later determined to be the driver of this SUV. Sergeant Cook noticed the car tilting to the right as though it had a flat tire. Cook pulled behind the SUV and activated his overhead lights attempting a traffic stop. Martinez pulled over in front of 10809 Chamberlaine Way out of the roadway but facing oncoming traffic. Sergeant Cook opened his door and gave numerous commands for Martinez to turn his engine off. Martinez then turned right and headed westbound on Chamberlaine Way with Cook in pursuit. Deputy Roosevelt Dutra arrived in the area and joined the pursuit. Martinez continued driving westbound on Chamberlaine Way nearly striking a car which yielded to the pursuit. Martinez then drove into the desert and Cook drove parallel to Martinez trying to block his forward movement. Martinez then began driving in reverse. Martinez ended up back on Chamberlaine Way and continued driving in reverse eastbound. Martinez then stopped and drove towards Cook’s unit until their cars faced each other. At that point, Cook had to put his unit in reverse to avoid being struck by Martinez. As Deputy Dutra arrived into the area Martinez then drove in reverse spun his car around and drove eastbound with Cook and Dutra in pursuit. As Martinez continued eastbound, he put his car in reverse two times driving towards Cook and Dutra who had to put their units in reverse to avoid being hit. Martinez then turned his car around again and drove in reverse running a stop sign at Rhode Island Street. He then continued in reverse to an apartment complex on Chamberlaine Way. Deputy David Harding deployed spike strips in an attempt to stop Martinez from fleeing. Sergeant Cook and Deputy Dutra used their units to block the entrance to the apartment complex so that Martinez could not exit. Harding saw the cars had stopped so he picked up the spike strips and went to assist Cook and Dutra. Sergeant Cook and Deputy Dutra left their units and yelled commands at Martinez to stop and turn his car off. Martinez kept driving in reverse in the parking lot before coming to a stop. Cook then reached for his Taser and tried turning it on but it was malfunctioning. Cook then asked Dutra for his Taser. Deputy Johnnie Mamon and Deputy Harding arrived at the parking lot to assist Dutra and Cook. Mamon and Harding were also driving marked units and wearing Class A uniforms. At that point, Martinez was trying to drive forward towards Cook and Dutra but his rim was stuck on the asphalt. Martinez then put his car in reverse and drove backwards through the parking lot striking a trashcan and causing his car to spin around. Sergeant Cook approached the driver’s side of the car and saw that Martinez was focused on the deputies in front of his car.

Sergeant Cook opened Martinez’ driver side door and deployed his Taser to Martinez’ back. At that time, Deputy Harding approached Martinez’ car from the passenger side and struck the window with his baton. Cook, Harding and Dutra continued yelling commands to Martinez for him to stop and turn the car off. The Taser was ineffective and Martinez again hit the accelerator and his tires began to spin. Cook attempted a second Taser deployment on Martinez but that was ineffective as well. Martinez drove forward towards the deputies and his vehicle slid to the right pinning Cook in an area between a fence and Martinez’ car. Cook feared the deputies were going to be struck as he was running alongside the fence towards the front of the car. Harding was in front of Martinez’ SUV when it accelerated forward and missed striking Harding by two feet At that time, Dutra heard Martinez’ car accelerate and watched it driving towards him. Mamon was also near Dutra. Dutra, fearing he was going to be hit by Martinez, fired one or two rounds from his Glock 17 (9mm) at Martinez’ chest. Mamon also feared Martinez was going to strike him with the car and fired one round from his Glock 21 (.45 caliber) which he believes hit Martinez’ windshield. Mamon also feared Martinez would hit Cook or Dutra and Mamon fired additional rounds at Martinez. At that point, Harding heard Mamon firing at Martinez and Harding feared he or another deputy would be struck by Martinez. As Harding was about seven to eight feet from the front of Martinez’ car, Harding fired his Glock 17 (9mm) one time at Martinez. The SUV then rolled to a stop and the deputies continued to yell commands to Martinez to turn the engine off and exit the vehicle. Martinez did not comply initially but then exited the car and lay down on the ground where he was handcuffed by Mamon. There were a number of civilian witnesses to this incident. Hector C. is Martinez’ brother and said he saw Martinez trying to run the deputies over and heard them commanding Martinez to stop. Reina M. is Martinez’ mother. She said Martinez had been drinking and described him as mentally ill. Jorge V. said he heard the deputies commanding Martinez to stop but that Martinez was not cooperative. He said Martinez was “out of control” and “acting crazy” and doing everything he could do to get away including trying to run over the deputies. Jorge V. said deputies tried to stop Martinez. Jorge V. also said he believes if Martinez’ tire wasn’t flat he would have run the deputies over. Candi V. said she heard Martinez squealing his tires driving in and out of the parking lot before the pursuit started. She saw a portion of the pursuit and heard deputies ordering Martinez to turn off his car. She heard the deputies orders to Martinez “clear as day” and saw the attempted tasing. She also saw Martinez accelerating forward towards the deputies. Veronica G. saw Martinez drive into the parking lot at the apartment complex and she then ran into her house. She heard the deputies telling Martinez to stop and turn his car off. She believed the deputies gave Martinez plenty of opportunities to comply.

Eddie C. also heard the deputies ordering Martinez to stop and get out of the car. Eddie C. believed the shooting was justified saying deputies told Martinez several times to stop or they would shoot. Eddie C. said he heard Martinez’ engine revving just before shots were fired. He said the deputies acted appropriately towards Martinez. Debra L. watched as Martinez backed into the apartment complex and heard the deputies commanding him to stop. She said deputies definitely gave Martinez every opportunity to comply but Martinez continued revving his engine and she thought Martinez was going to drive right into the deputies. Other Relevant Information Martinez was transported to Victor Valley Community Hospital. He was pronounced dead at 8:39 p.m. Riverside County Coroner M. Scott McCormick performed the autopsy. The cause of death was a single gunshot wound to the left side of Martinez’ neck. Toxicology results indicated Martinez’ blood alcohol level was 0.18% and the presence of methamphetamines and amphetamines were detected. Eleven expended shell casings were recovered from the scene, eight .45 caliber and three 9 millimeter. Applicable Legal Standards Self-Defense / Defense of Others Against Assault It is lawful to use force against another person if a person reasonably believes the there was imminent danger of bodily injury to himself or someone else. The person must reasonably believe that the immediate use of force was necessary to defend against that danger. That person is only entitled to use that amount of force that a reasonable person would believe is necessary in the same situation. In deciding whether the person’s beliefs were reasonable, all the circumstances as they were known to and appeared to that person should be considered as well as what a reasonable person in a similar situation with similar knowledge would have believed. If the person’s beliefs were reasonable, the danger does not need to have actually existed. CALCRIM 3470

Self-Defense / Assailed Person Need Not Retreat An assailed person is not required to retreat. He is entitled to stand his ground and defend himself and, if reasonably necessary, to pursue an assailant until the danger of bodily injury has passed. This is so even if safety could have been achieved by retreating.

CALCRIM 3470

Self-Defense / Actual Danger Not Necessary The person’s belief that he or someone else was threatened may be reasonable even if he relied on information that was not true. However, the person must actually and reasonably have believed that the information was true. CALCRIM 3470

Analysis Deputies Dutra, Mamon and Harding did not fire their weapons until Mr. Martinez had exhibited unpredictability, unwillingness to comply with commands, and had in fact tried to hit the deputies with his car several times during the course of the pursuit and while in the parking lot, clearly representing an imminent threat of serious bodily injury or death to the deputies and others. The deputies not only attempted to stop Mr. Martinez during the pursuit but also ordered Mr. Martinez to stop numerous times while in the parking lot. Beyond that, Sgt. Cook attempted non-lethal force two times by tasing Mr. Martinez without success. After all of these efforts, Martinez continued to drive erratically and drove towards deputies placing their lives in danger. After doing so, it was clear that Martinez constituted a lethal threat to the deputies and anyone else who may have been present in the parking lot area. He continued driving directly at the deputies in an apparent attempt to run them over. The deputies were actually and reasonably in fear for their safety and anyone else who may have been near the parking lot where this incident occurred. All of the deputies involved in this incident had the right to defend themselves and one another from Martinez as he tried to run them down in his SUV. Furthermore, the deputies had no duty to retreat. The danger that Martinez presented was both actual and reasonably perceived by all of the deputies as lethal and imminent. Therefore, Deputies Dutra, Mamon and Harding had the right to use lethal force to defend both themselves and others. Conclusion As to the shooting by Deputy Johnnie Mamon, it was justifiable in self-defense and in defense of others, and no criminal liability results therefrom. His right to act as he did in self-defense and defense of others is corroborated by independent witnesses. As to the shooting by Deputy Roosevelt Dutra, it was justifiable in self-defense and in defense of others, and no criminal liability results therefrom. His right to act as he did in self-defense and defense of others is corroborated by independent witnesses.

As to the shooting by Deputy David Harding, it was justifiable in self-defense and in defense of others, and no criminal liability results therefrom. His right to act as he did in self-defense and defense of others is corroborated by independent witnesses.

__________________________________ Suzanne K. Patton, DDA Victorville Office

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__________________________________ Gary Roth, CDDA Victorville Office

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__________________________________ Dennis Christy, ADA Criminal Operations

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