HomeMy WebLinkAbout20-002774 Reports_Redacted'' H "TINGTON BEACH POLICE DEPARTMEN ~
ALLEG·~ _ J'ION OF EMPLOYEE MISCG _ OUCT
SUPERVISOR
Admin. Number PSU2020-0014
Initiating Supervisor: Captain S . Winks DR/CN: 2020-002774
Employees:
1. J. E lser
3.
PIN
PIN
Date/Time of Incident: March 6, 2020 at about 10:45 pm Location: 7104 Forest Glen Dr. HB
COMPLAINT SYNOPSIS: (DESCRIBE SPECIFIC ACTS AND STATEMENTS)
It is a lleged the force and tactics you used during the arrest of on March 6, 2020
were improper; and there may be inconsistencies in your repo1i compared to what was depicted
in video evidence of the incident.
Sign and Date
1. 3·\\·~ '5~
DISPOSITION:
ROUTING STEPS AND PROCEDURES CHECKLIST
COMPLAINT INITIATOR
Complete Allegation of
Employee Misconduct
Forward Complaint Package
to Chiefs Execut ive Officer
CHIEF'S EXEC. OFFICER
Brief employee's Division
Commander; Obtain Name
Stt;tirmv i~rU-
PROF. STANDARDS UNIT
Logged, Assigned#, Enter in
Database/Copy to Accused
Employee/Supervisor/Aud it
File to PSU ·
5. 'fl\\1~ lDl<\ho INVESTIGATING SUPERVISOR
-/ Completed Investigation Sent to
~tof>\ / Employee's Division Commander
~ \l\•t-0
6. 11 • V!MPLOYEE'S DIV. COMMANDER
Employee's Division Commander SW 8. "$ / • 2A Recommends Disposition and Forwards · · -'1 To Chiefs Executive Officer ire (\~~
7. ~ ..( -~ C HIEF'S EXECUTIVE OFFICER
Obtain Chiefs Approval
8 ~l~\:k \ '° ' PROF. STANDARDS UNIT
Skelly or Disposition to Officer
Discipline Report to Officer via Chain 9 .~ 10. Citizen Letter Sent
11. ~ 1,0 Log Out and Input Disposition
IV \\'\\~'
O Unfounded OExone rated D Not Sustained ~Sustained OMisconduct Not Based on Complaint
ChiefofPolice: ;9cp 4~ Date: /(')-£. ·tUJ
HUNTINGTON BEACH POLICE DEPAR1'1VIENT
DISCIPLINARY REPORT
Employee: John Elser, Officer File#: PSU2020-0014
Division: Uniform Date Occurred: March 6, 2020
Details:
After a vehicle pursuit and during the arrest of the driver ( Body Worn Camera
evidence showed you kicked in the face, with your work boot, causing injury. The
investigation showed was lying on the ground and not resisting or combative. The
force option you used created a substantial risk of causing serious injury and was deemed
unreasonable and unnecessary.
Although you said you felt you were alone, you exited your patrol vehicle and ran to the rear of
the suspect vehicle. You quickly walked to an area and closed the distance between yourself
and an unknown number of potential suspects. This appeared to be caused by tunnel vision and
did not allow for distance, had you encountered several uncooperative suspects by yourself.
While in a tactically disadvantageous position, you should have at minimum held at
gun point (since you believed the he might have been armed) and waited for additional officers
in order to have better control of the situation. Pursuant to high risk vehicle stop training, you
should have formulated an arrest team, a search or cover team while taking into
custody.
Department Manual Section(s):
300.3 USE OF FORCE
Officers shall use only that amount of force that reasonably appears necessary given the facts
and totality of the circumstances known to or perceived by the officer at the time of the event to
accomplish a legitimate law enforcement purpose (Penal Code § 835a).The reasonableness of
force will be judged from the perspective of a reasonable officer on the scene at the time of the
incident.
300.3.1 USE OF FORCE TO EFFECT AN ARREST
Any peace officer may use objectively reasonable force to effect an arrest, to prevent escape, or
to overcome resistance.
300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE
When determining whether to apply force and evaluating whether an officer has used
reasonable force, a number of factors should be taken into consideration, as time and
circumstances permit. These factors include but are not limited to:
a. The apparent immediacy and severity of the threat to officers or others (Penal Code §
835a).
;
b. The conduct of the individual being confronted, as reasonably perceived by the officer at
the time.
340.5.9 CONDUCT
b. Unreasonable and unwarranted force to a person encountered or a person under arrest.
c. Exceeding lawful peace officer powers by unreasonable, unlawful or excessive conduct.
Disciplinary Action Imposed:
120 Hour Suspension (without pay)
Removal from the Field Training Officer Program
Mandatory Attendance of training at the discretion of the training unit
Chain of Command Review and Approval:
Chief of Police: Date: I~·' ·.10
Division Commander: Date: \~-~·Lio
Lieutenant/Bureau Commander: Date: la ·£'P · 2µ
Sergeant/Supervisor: Date: /o · (o ·lo
Notification by: Date: (O·le·?o
Acknowledgment:
I do hereby confirm that I have read and understood the contents of this report.
Employee's signature:~_,..i--' _Ar-____________ Date: '.,I & I 2 o
Comments:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
YOU MAY APPEAL THE ABOVE DISCIPLINE BY FILING A LETTER OF APPEAL WITH THE CITY PERSONNEL DIRECTOR WITHIN FIVE
(5) CALENDAR DAYS AFTER YOUHAVE BEEN SERVED WITH NOTICE OF IMPOSITION OF DISCIPLINE. YOUR APPEAL MAY BE IN
THE FORM OF A LETTER TO THE PERSONNEL DIRECTOR SETTING FORTH IN DETAIL THE NATURE OF THE APPEAL, YOUR
CONTENTIONS AND THE PROPOSED SOLUTION OR DETERMINATION YOU SEEK. FAILURE TO FILE A TIMELY APPEAL AMOUNTS
TO WAIVER OF YOUR RIGHT TO APPEAL. IF YOU APPEAL THE DISCIPLINE, YOU WILL BE CONTACTED TO ARRANGE FOR AN
ADMINISTRATIVE HEARING.
2
.. , ) -~
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTIN GTON BEACH
TO:
FROM:
SUBJECT:
DATE:
John Elser, Officer
Kelly Rodriguez
Acting Chief of Police
Skelly Conference Re: PSU#2020-0014
September 30, 2020
On September 29, 2020, we met for a Skelly conference regarding the above
matter. You shared information with me that you believed helped mitigate the
level of discipline initially recommended . I appreciate your honesty in this matter
and enjoyed the opportunity to meet with you.
I indicated to you that I would carefully consider your comments . In doing so, I
have determined the below listed policy sections, enumerated in the notice of
proposed adverse action , will be removed from the final discipline memorandum.
Despite that, I have decided not to modify the initial recommendation for
discipline .
458.4 GENERAL GUIDELINES
When reasonably practicable, officers should consider alternatives to engaging
in or continuing a foot pursuit when :
b. The officer is acting alone.
e. The officer is pursuing multiple suspects and it is not reasonable to
believe that the officer would be able to control the suspect should a
confrontation occur.
458.5 RESPONSIBILITIES IN FOOT PURSUITS
458 .5 .1 INITIATING OFFICER RESPONSIBILITIES
Unless relieved by another officer or a supervisor, the initiating officer shall be
responsible for coordinating the progress of the pursuit. When acting alone and
when practicable, the initiating officer should not attempt to overtake and
confront the suspect but should attempt to keep the suspect in sight until
sufficient officers are present to safely apprehend the suspect.
)
(:Ji)
~ CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTI NG TON BEAC H
TO: John Elser, Officer
Uniform Division I Patrol Bureau
FROM:
~
Robert Handy
Chief of Police
SUBJECT: NOTICE OF PROPOSED ADVERSE ACTION: PSU2020-0014
DATE: September 10, 2020
Please take notice that the Huntington Beach Police Department proposes to
take adverse action against you as follows:
120 Hour Suspension (without pay)
Removal from the Field Training Officer Program
Mandatory Attendance of training at the discretion of the training
unit
GROUNDS FOR SUCH ACTION:
After a vehicle pursuit and during the arrest of the drive r ( Body Worn
Camera evidence showed you kicked in the face, with your work boot,
caus ing injury . The investigation showed was lying on the ground and
not resisting or combative . The force option you used created a substantial risk of
causing serious injury and was deemed unreasonable and unnecessary.
Although you said you felt you were alone, you exited your patrol vehicle and ran .
to the rear of the suspect vehicle . You quickly walked to an area and closed the
distance between yourself and an unknown number of potential suspects . This
appeared to be caused by tunnel vision and did not allow for distance, had you
encountered several uncooperative suspects by yourself.
While in a tactically disadvantageous position, you should have at minimum held
at gun point (since you believed the he might have been armed) and
waited for additional officers in order to have better control of the situation .
Pursuant to high risk vehicle stop training , you should have formulated an arrest
team, a search or cover team while taking into custody.
SUCH ACTIONS CONSTITUTE VIOLATIONS, IN WHOLE OR IN PART, OF
THE FOLLOWING REGULATION(S):
300.3 USE OF FORCE
Officers shall use only that amount of force that reasonably appears necessary
given the facts and totality of the circumstances known to or perceived by the
officer at the time of the event to accomplish a legitimate law enforcement
purpose (Penal Code § 835a). The reasonableness of force will be judged from
the perspective of a reasonable officer on the scene at the time of the incident.
300.3.1 USE OF FORCE TO EFFECT AN ARREST
Any peace officer may use objectively reasonable force to effect an arrest, to
prevent escape, or to overcome resistance.
300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF
FORCE
When determining whether to apply force and evaluating whether an officer has
used reasonable force, a number of factors should be taken into consideration,
as time and circumstances permit. These factors include but are not limited to:
a. The apparent immediacy and severity of the threat to officers or others
(Penal Code§ 835a).
b. The conduct of the individual being confronted, as reasonably perceived
by the officer at the time.
340.5.9 CONDUCT
b. Unreasonable and unwarranted force to a person encountered or a person
under arrest.
c. Exceeding lawful peace officer powers by unreasonable, unlawful or
excessive conduct.
458.4 GENERAL GUIDELINES
When reasonably practicable, officers should consider alternatives to engaging in
or continuing a foot pursuit when:
b. The officer is acting alone.
e. The officer is pursuing multiple suspects and it is not reasonable to believe
that the officer would be able to control the suspect should a confrontation
occur.
)
~ ~ CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
458.5 RESPONSIBILITIES IN FOOT PURSUITS
458.5.1 INITIATING OFFICER RESPONSIBILITIES
Unless relieved by another officer or a supervisor, the initiating officer shall be
responsible for coordinating the progress of the pursuit. When acting alone and
when practicable, the initiating officer should not attempt to overtake and confront
the suspect but should attempt to keep the suspect in sight until sufficient officers
are present to safely apprehend the suspect.
PREVIOUS HISTORY:
40 hour suspension (held in abeyance for a period of two years after March
of 2019) for failing to report for your scheduled assignment and having a
blood alcohol level of .196% during at that time.
(340.5 .5 Attendance)
Prior to the imposition of discipline, you have the right to respond orally, in
writing, or both, to the charges. Further, you have the right to review and obtain
copies of all materials on which the charges are based.
You may contact either Sergeant Jones or Sergeant Randell of the Professional
Standards Unit during normal working hours to review or obtain copies of these
materials. If you desire to respond, your answer will be considered in reaching
my final decision. Your deadline to respond in writing or to schedule a
meeting with me in person is ten (10) business days from the date you
receive this notice.
You may contact my executive officer, Lieutenant Svendsbo at (714) 536-5983 in
the event you wish to schedule a meeting. However, if you do not respond in
writing or schedule a meeting with me within ten business days of receipt
of this notice, I will make a final decision based on the information available to
me.
You have a right to be represented by counsel or other representative at your
own expense. Thereafter, you will be notified of my decision .
I do hereby confirm I have received and read this report.
Employee's signature :&~t ~l .... A~A...~~-------Date :
Notification by : 5 Jh \D ~ Date:
°' I i"t ( i. ~
'\(1 '!\u
) •I
)
~ ~ CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: J. Elser, Officer
Uniform Division I Patrol
FROM: S. Randell, Sergeant
Professional Standards Unit
SUBJECT: Allegation of Employee Misconduct: PSU2020-0014
DATE: March 11, 2020
The attached Allegation of Employee Misconduct report names you as an involved party.
In accordance with depm1ment Manual Section 1020 .6 , I am forwarding a copy of the
supervisory/citizen face sheet to you for your information.
An investigation into this complaint has been initiated by the department. I am the
assigned investigator, unless otherwise notified, and will coordinate with you so an
interview can be scheduled.
You will be notified of the disposition at the conclusion of the investigation. If you have
any questions, you can contact me.
I am ordering you not to communicate with anyone regarding this investigation other than
me or any person with whom you have a confidential communication privilege under
California statut01y and case law; for example, without limitation, attorney-client,
physician/psychologist-patient, clergy-penitent.
Signed : Date: '-) / 'l.-J t. 6>
Witness: ~\\1-\ Date: 11 2/1.?
LAW OFFICE
OF
BIJAN DARVISH
September 17, 2020
VIA FIRST CLASS MAIL AND EMAIL
Lt. Svendsbo, Executive Officer
Huntington Beach Police Depattment
2000 Main Street
Huntington Beach CA 92648
GSvendsbo@hbpd.org
Re: Request for Pre-Disciplinary Hearing for Officer John Elser
PSU2020-0014
Dear Lt. Svendsbo:
This office represents Huntington Beach Police Officer John Elser. Officer Elser was
served with a Notice of Proposed Adverse Action based on sustained allegations of misconduct
in PSU2020-0014. By this letter, Officer Elser is requesting a "Skelly" meeting with the
decisionmaker, to answer the charges against him.
We believe that the allegations of misconduct should not be sustained and, even if found
to be sustained, believe that the proposed adverse action is excessive and unwarranted. We
futther contend that Officer Elser's rights under federal and/or state law may have been violated.
In order to properly represent our client and to guarantee a fair hearing, please provide
this office with all investigative materials and any other information that was used or related to
form the basis of the decision to make the recommended action against Officer Elser, including
full and complete copies of all video and/or audio recordings of the incident, 1 interviews of
witnesses, our client's statements to the Professional Standards Unit, and other evidence, to the
extent not already provided. Additionally, as the Notice of Proposed Adverse Action references
several Huntington Beach Police Depattment policies, please provide copies of these policies as
1 Regarding video recordings, we are seeking full, un-redacted copies of any video recording; not
just excerpts. Regarding the audio recording, we are seeking full copies of all recordings,
including the recording of witness statements.
18685 Main Street, Suite 101-384
Huntington Beach, California 92648
Telephone (866) 915-9406 •Facsimile (866) 915-9436
B ijan@dar\' ishl aw. net
Lt. Svendsbo
Re: Officer Elser Skelly Request
September 17, 2020
Page2
well as Officer Elser's training records regarding these types of matters. We are also requesting a
copy of Officer Elser's personnel record and/or all files used for personnel purposes by the
HBPD.
Additionally, pursuant to the Huntington Beach Municipal Code, Huntington Beach
Personnel Rules, Penal Code §135.5, Government Code §3300, et seq., including but not limited
to Government Code §§3303(g), 3305, and 3306.5, Pasadena Police Officers Ass'n v. City of
Pasadena, (1990) 51 Cal.3d 564; Sacramento Police Officers' Association v. Venegas (2002)
101 Cal.App 4th 916; San Diego POA v. City of San Diego (2002) 98 Cal.App.4th 779; and
Skelly v. Personnel Board, 15 Cal. 3d 194 ( 1975), please ensure that Officer Elser, via this office,
is provided all documents, transcripts, recordings, reports, complaints and other information
necessary for him to prepare for the administrative appeal process, including the pre-disciplinary
hearing. These materials would include, but not be limited to the following:
I. Any investigators' or other personnel's (including the complainant) raw notes
and/or summaries of matters described in the investigation including the full
audio recording and transcript from each of the officers and witnesses involved
in the incident;
2. Full un-redacted investigative reports, draft/other versions of investigative
reports; preliminary repmts, follow-up reports, complaints, memoranda, and all
other writings which discuss in any manner the issues raised in the matters
described in the investigation;
3. Legible copies of all photographs related to the matters described in the
investigation;
4. Any and all recordings of any kind, audio, visual, digital or any other recording
connected with the matters described in the investigation;
5. Description and written explanation of any and all items that are part of the
investigation, but deemed confidential;
6. Descriptions and written explanation of any and all items not provided for any
reason;
7. Any and all pre-determined questions, electronic mail, notes, date or other
information generated, received or transmitted by any person(s) connected with
the matters described in the investigation;
8. Copies of any and all communications (whether in memorandum, note, text
message or other forms) by each and every individual of the Huntington Beach
Police Department that reviewed this matter and/or were consulted with prior to
the final recommendation being made. These materials would include, but are
not limited to, copies of any and all notes, repmts (including all draft repo1ts),
recommendations (including draft recommendations), Senior Management Team
agendas/notes/minutes and complaints made by the investigators or other persons
(including all communications between the officials of the Huntington Beach
Police Department), log entries, computer notes/records, and copies of any and
18685 Main Street, Suite 101-384
Huntington Beach, California 92648
Telephone (866) 915-9406 •Facsimile (866) 915-9436
Bijan@darvishlaw.net
) )
Lt. Svendsbo
Re: Officer E lser Skelly Req uest
September 17, 2020
Page3
all other investigator notes, logs and "writings" as defined in Evidence Code
§250;
9. Any and all documents including but not limited to, Supervi sor Daily Logs,
Supervisor Supplemental Reports, and Use of Force Reports (this includes the
use of report for the PIT) for Huntington Beach Police Department Case Number
2020-002774.
10 . Any and all Blue Team Reports, Blue Team Logs, Blue Team chronological
logs, and all documents generated through Blue Teams related in any way to
Huntington Beach Police Department Case Number 2020-002774.
11. All HBPD EVOC training material, including all syllabi , lesson plans, and
training material from 2015 until the present.
To the extent the Police Department argues that the employee is not entitled to any of the
above documents, please allow this letter to serve as a request for public records for the
documents listed above under Government Code § 6250 et seq. The Department has ten (I 0)
days within which to respond to this request. If no such documents exist, p lease reply back by
stating the specific request and the City/Department's assertion that no such documents exist
responsive to that request. If any documents are withheld, please identify the documents and the
reason it was withheld.
Please feel free to contact me so that a mutually convenient time can be arranged for the
meeting or if you have any questions regarding this letter.
;;z
Bijan Darvish
18685 Main Street, Suite 101-3 84
Huntington Beach, California 92648
Telephone (86 6) 915-940 6 • Facsimile (866) 915-9436
Bijan @darvishlaw.net
~ ~ CITY OF HUNTINGTON BEACH
HUNTl.~GTON BEACH 2000 MAIN STREET
P.O. BOX 70 POLICE DEPARTMENT
Robert Handy
Chief of Police
Receipt for Administrative Investigation
CALIFORNIA 92648
Tel: (714) 960-8811
I have received documents under Fi le No. PSU2020-0014 that relate to the proceedings pending
against me (Employee Initials 1 ~ Date I Time<\\~~ \t3i(" ). These documents contain
confidential material. The right to privacy for this confidential material is guaranteed by Article
1, Section 1 of the California Constitution, Ca liforni a Penal Code 832. 7, California Evidence
Code 1040 et. Seq., as well as other California Statutes.
You are being provided these documents in accordance with the "Peace Officer Bill of Rights"
and other case decisions. You are cautioned that if you disclose the contents of these
documents to anyone other than your attorney or representative, that may be deemed a
waiver of your right to privacy. Additionally, please refer to Huntington Beach Police
Depai1ment Manual Section 1026 .5.1 for detail s on the Release of Confidential Information.
Any information deemed confidential or attorney/client privi lege and/or work product has not
be.en provided.
Release of Information
All investi gative material related to the aforementioned administrative investigation. All items
contained on a 32 GB thumb drive (2.4 GB actual data on thumb drive).
Number of Pages Received:~O __ Number of Thumb drives Received: l Number of
Photographs Received: 0
Employee Name I Sign~ture:"""~-1--'-l'_/daL"'--_.___~-----------------
Delivered by Name I Signature:--=S=•~c...;;....=...-~~:.___\..._\1~~..__-----'~"-c::::::::i~'-----------
l~I~
HU'ITINCTON BEACH
TO:
FROM:
DATE:
SUBJECT:
) --I
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
Robert Handy, Chief of Police
Captain Scott Winks ~ W
August 31, 2020
Review and Recommendation-PSU 2020-0014
I concur with the recommendations and discipline proposed by Lieutenant Mendez detailed in
his memo under PSU 2020-0014.
In regards to potential discrepancies in Officer Elser's crime report conflicting with video
evidence, I agree with the analysis being deemed Not Sustained. I believe it is reasonable for an
officer who opts to author his report a day later to unintentionally misquote the commands he
believes he provided to a suspect. It is reasonable for an officer to believe he told the suspect to
"Get Down", rather than his chosen words of "Out of the car". This particular discrepancy in the
commands does not give the appearance of deceit or untruthfulness. Therefore, since it can not
be proven either way in terms of truthfulness I recommend this allegation be classified as Not
Sustained.
In analyzing the video recordings of the brief time between when Elser is· captured approaching
the suspect and kicking him, it is difficult to conclude with certainty the suspect's exact
movements from the time he exited his position in his driver's seat until he is captured on video,
just before Elser's approach to kick him. Elser did not activate his BWC, so it is difficult to
determine his viewpoint with certainty as to what he observed as he transitioned to the driver
side of the suspect's vehicle and made his approach towards the suspect. Clearly, Officer Dex ter
is trailing Elser so Dexter's camera 's viewpoint is not in perfect alignment with both Elser's
point-in-time nor exact field of vision. It is reasonable to conclude the suspect's manner of
exiting the driver seat was not likely a movement of directly leaving the position of being seated
and then directly landing on the roadway on his side in a semi-fetal positio n . It is possible the
suspect contacted the pavement on his hands and knees, before laying on his side as is captured
in the video. Without video evidence capturing the suspect exiting the driver seat and landing on
the pavement, it is difficult to conclude with certainty his exact body movements. Therefore,
discrepancies in Elser's authored report in regards to the suspect's movements and the limited
amount of video evidence capturing the suspect does not support the finding of deceit or
untruthfulness in Elser's report writing.
The investigation revealed improper tactics and force utilized by Elser. Tactics and force options
are controversial and it is rare to find an incident that only one tactic or force option is the
undisputed lone choice or even the strongest choice. With that, the analysis of Elser' s tactics and
force used during this investigation gives the appearance of him reacting too quickly, foregoing
) ) 2
teamwork and training, and disregarding cover and concealment principles. Before the
culmination of the pursuit, multiple officers provided audible radio transmissions declaring they
were in the pursuit. The available video depicted E l ser appearing to be suffering from "tunnel-
vision": Dexter calls out to Elser but he appears to ignore Dexter and continues moving fo1ward
as a lone officer without any communication with Dexter. Fmiher, while officers a re in direct
physical contact with the suspect, taking him into custody while he lay on the pavement, Elser
repeats his command of "out of the car " while he is kneeling over the suspect. This command is
illogical because the suspect is not in his car, but instead being handcuffed on the pavement
several feet away from his vehicle. If Elser's command was instead directed at a potential
suspect sti ll in the car, it would also be inappropriate as officers would never want a second
suspect to exit a vehicle while in the process of trying to handcuff another. For these reasons, I
believe Elser wasn 't able to properly work through the "tunnel-vision" he was suffering from,
which placed Elser, his fellow officers, and the suspect in positions of disadvantage and less than
a favorab le situation.
Elser quickly approaching the downed suspect, on his own, and then delivering a direct kick to
the suspect's head was dangerous, inappropriate, and in conflict with policy and training. Per
reports, the suspect suffered a s uspected broken nose and had a swollen left eye and redness on
his left cheek. The allegations of improper tactics and force should be deemed as Sustained and
are clearly outlined in Lieutenant Mendez' analysis. The recommendation of substantial
discipline is warranted due to the unsafe practices and violations of policies that occurred during
this incident.
In properly analyzing and investigating an incident, it is imperative the actual actions taken by an
officer be scrut ini zed in regard s to the potential positive or negative outcomes rather than from a
standpoint of the actual results in the particular event. In other words, an incident resulting in
loss of life may be deemed proper and appropriate, while an incident resulting in little or no
injury could be deemed improper and inappropriate. With that, I concur with the
recommendation of E lser serving a 120-hour suspension. In regards to removal from the Field
Trainin g Officer program, I also concur. Field Training Officers are direct supervisors to their
trainees. They are expected to teach new officers our policies, procedures, and best practices.
El ser admitted to experiencing incre ased adrenalin and being "freaked out" during the incident.
El ser's actions during this incident did not properly represent and a li gn with HBPD's training
and expectations. Therefore, I agree with the recommendation of removal from the Field
Training Officer program. Lastly, E lser pa1iicipating in additional officer training would be
beneficial to enhance his career development and law enforcement perspectives.
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HUNTINGTON BEACH
TO:
FROM:
DATE:
) )
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
Robert Handy, Chief of Police
Julio Mendez, Lieutenant
July 26, 2020
SUBJECT: REVIEW AND RECOMMENDATION -PSU 2020-0014
BACKGROUND
On March 6, 2020, Officers Rivas, Elser and Dexter were involved in a pursuit that
terminated when Officer Rivas performed a Pursuit Intervention Technique (PIT)
at 7104 Forest Dr., in Huntington Beach. After a successful PIT, Elser pinned the
suspect's vehicle with his unit, exited his vehicle and approached the driver. In his
report he wrote, "I exited my patrol vehicle and ran over to the rear of the suspect
vehicle." As he approached the driver's side of the vehicle, the suspect ended up
outside the vehicle in a semi fetal type of position. Elser speed-walked (closed the
distance very quickly) to the suspect and delivered one kick to the left side of the
suspect's face. The suspect, later identified as was taken into custody
by Elser and other officers without further incident.
· was transported to UCI hospital for his injuries which included an
abrasion to the upper left eyebrow, swollen left eye, a suspected broken nose and
other injuries associated with the PIT.
During a review of Body Worn Camera (BWC) footage, Lieutenant R. Reilly notified
Captain S. Winks who ordered an investigation into the use of force option and
tactics Elser used. The allegation included improper use of force and
inconsistencies in his report when compared to video of the incident.
On March 11, 2020, Sergeant Randell was assigned the allegation of misconduct
at the direction of Lieutenant Gaute Svendsbo.
INVESTIGATION REVIEW
I reviewed the investigation related to PSU 2020-0014 , completed by Sergeant
Shawn Randell, including all documents, complaint forms, BWC footage and
audio recordings.
Elser completed a supplemental report. In his report he documented his
involvement in the pursuit. After a successful PIT maneuver ended the pursuit,
Elser used his vehicle to pin the suspect's vehicle in · place in order to prevent the
PSU 2020-0014 I ELS ER 1/8 ~
~ ~
HUNTIN GTON BEACH
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CITY OF HUNTINGTON BEACH
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vehicle from moving . Elser exited his police vehicle, made his way to the opposite
side and approached the driver's side of the suspects ' vehicle . Elser indicated in
his report he yelled at to "get down, get down ." He also stated, "In an
effort to keep from standing up , and to prevent him from continuing to
flee, or possibly re-enter his vehicle to retrieve a weapon," he proceeded to kick
the suspect once on the left side of his face.
Officer's Dexter and Armijo's BWC captured Elser kicking the suspect. It also
captured the inconsistency between Elser documenting what he told to
"get down" and what the video depicted as Elser actually giving the command to
get "Out of the car."
During the course of the investigation Elser was interviewed .
Elser admitted he was unable to determine how many suspects t ere were in the
suspect's vehicle during the pursuit. He also described the area ere the pursuit
ended as "very dark ." Elser did not hear or see any officers aro d him. He also
did not wait for other officers when he approached the veh icl nd
When exited the vehicle, he landed on the grou in what Elser
described as a "very loose fetal position ."
He stated his force options were limited because he was holding his weapon
(firearm) in his hand and did not have any cover and concealment. He noted this
placed him in a disadvantageous position had armed himself (or was
armed). He stated he delivered a single kick to face.
RECOMMENDATION
Allegation of Inconsistencies in his Report versus BWC footage
In reviewing the inconsistencies between Elser rt and what was captured in
other officer's BWC footage, the following facto e taken into consideration.
Elser wrote hi.s report about a day after the in occurred and did not review
BWC camera footage when he wrote it. He relie his memory of the event.
First, Elser described some environmental factors associated with this incident.
His inability to see clearly in the dark, with lights (red I blue and white) strobe lights
all around, the noise from the sirens and vehicle engines affected his ability to hear
and see what was happening .
Second , this incident was chaotic . Elser was involved in this police rsuit with an
unknown number of suspects . He had just witnessed a Purs Intervention
Technique and the suspect's vehicle colliding into a wall. During his interview,
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Elser stated he was "freaked out" and "pretty scared." It is my experience; during
a pursuit an officer can experience a roller-coaster of emotions and adrenalin rush.
At times this can fog a person's ability to recall some of the specifics during a
chaotic incident. In my opinion, this was clearly the case in attempting to remember
what Elser specifically recalls saying to the suspect, as opposed to what he
actually said .
Officer Armijo is an example of the inability to recall certain statements during an
active and very dynamic situation . In his interview,. he stated he heard Elser say,
"Get out of the vehicle , get on the ground ."
In his report, Elser also wrote he noticed fell to his knees , with his hands
on the ground in front of him . It appeared to Elser that was trying to
stand up from a kneeling position and possibly flee . BWC footage does not capture
some of the actions Elser described in his report, which include exiting
the vehicle and being in a kneeling position .
Based on this investigation, I believe the situation was very fluid and did
exit the vehicle on his own. I also believe ended on his hands and knees
as described in Elser's report. In my experience, people usually exit vehicles by
first planting one or both feet on the ground and for suspects to take a knee as
they prone themselves out. It's outside the norm to dive outside a vehicle and land
in a fetal position . BWC footage does not capture the action as described by Elser
in his report .
Based on this PSU investigation, I did not find any indication or evidence Elser
was being deceitful or attempted to mislead anyone. I believe it can be
contributed to human factors being involved in critical incidents which may have
caused temporary lapse in memory regarding the actual words he used, versus
what he wrote in his report .
It is my opinion that the allegation made regarding inconsistencies in his report
compared with video footage be deemed NOT SUSTAINED due to the fact I
am unable to verify the intent.
Allegation of improper use of force option and improper use of tactics
My review of the incident revealed several tactical issues leading up to Elser
kicking in the face.
At the conclusion of the pursuit, Elser placed his vehicle's front bumper on the
suspect's passenger side rear panel area. In doing so, Elser significantly closed
the distance between himself and the suspect. The suspect's vehicle front end
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collided with a fence and concrete wall and appeared to be immobilized as a result
of the collision, after the PIT.
In his report, Elser stated he did not see or hear any other officers around him . He
had limited visibility, but was also unsure if was holding a weapon or
there were more susp.ects inside of the vehicle . He said, based on his experience,
suspects that flee (involved in pursuits) are known to be armed with weapons such
as guns or knives and often continue to resist officers.
Elser approached the suspect's vehicle, stating he thought he was by himself, and
admitted to kicking once on the left side of his face . Officer Dexter also
observed the kick to the face and BWC footage from two different officers captured
the incident.
In my review of this investigation , several tactical issues surfaced .
First, Elser be lieved the option to pin the suspect's vehicle with his own vehicle
was the proper thing to do in order to end the suspect's movement with the vehicle .
I believe the thought of immobilizing the suspect's vehicle and preventing him from
a continued vehicle pursuit was proper. However, several factors that include , the
number of suspects , are the suspects armed and I or is there enough officers to
assist with the apprehension, should be considered when doing so .
Second, Elser exited his vehicle and left his cover and concealment. If he believed
he did not have cover and concealment, the option to approach the suspect's
vehicle created a bad situation and turned it into a tactical disadvantage. At this
point, distance would have given him extra time to react if there were more than
one suspect o r the suspect would've been armed .
Third, when Elser exited his vehicle, he proceeded to the back of the suspect's
vehicle and to the opposite side of where he was . The dark area, police strobe
lights, dust and debris limited his field of vision . Elser walked around the vehicle
and focused solely on who was lying in a "very loose fetal position " on
the ground . Elser speed-walked (closed the distance very quickly) to
and kicked him once in the face, bypassing the enclosed camper on the truck and
without checking the cab.
It is my opinion that Elser's vision was tunneled by the immediate attempt to take
the suspect into custody. In doing so, he made several tactical mistakes that could
have ended in a possible worse scenario.
I believe, the force used by Elser to kick in the face was improper in this
given situation . Even though BWC footage will not show everything that Elser
possibly observed or his perception of things , BWC did show lying on
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the ground prior to getting kicked in the face . Neither BWC nor the officers' reports
indicate a deadly encounter, immediate threat of life or the fact that was
armed with a weapon .
This was a very dynamic situation and Elser's decision to engage the suspect by
himself, placed him in a tactical disadvantage.
On average, HBPD Training Unit provides proper use of force training I options
six times per year. The last formal class in reference to Distraction Strikes (kicks I
punches) was in July of 2007. Elser started his employment with HBPD in August
of 2008. The topic of Distraction Strikes was discussed with new hired officers in
2008. Since that time, Distraction Strikes training was given with other curriculum
during Advance Officer Training (AOT). The Use of Force Template used by
officers defines Distraction Strikes. The template was first introduced in 2007,
modified in 2012 and updated in 2015 and 2020.
Distraction Strikes training has never included kicking suspects in the face and I or
head and is not a reasonable use of force option in non-deadly force situations .
Training has never included kicking a suspect who is lying on the ground and not
actively resisting . The option used by Elser to kick in the face with his
wo rk boot, created a substantial risk of causing serious injury.
Officer Elser is currently assigned as a Field Training Officer (FTO). As an FTO,
Elser is expected to supervise, train, evaluate and prepare newer officers to
operate in a safe, productive and professional manner. He stated he was "freaked
out" by the incident, which implies he was not comfortable handling this incident.
He is required to be a positive role model, be able to train, teach and mentor new
employees.
I recommend the allegation made against Officer Elser of improper use of force
option be deemed SUSTAINED.
My recommendation is Officer Elser receive a 120 -Hour Suspension for
improper use of force and removed from the Field Training Officer
program .
I also recommend a Mandatory Tactics Training Course, Use of Force
Options Course and an Officer Improvement Course for the listed policy
violations . I believe Tactics Training, Use of Force Options and a separate Officer
Improvement Course would be beneficial to Elser's career in law enforcement.
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RELEVANT POLICY SECTIONS
Based on the PSU investigation, it is my opinion Elser violated the following
HBPD Policy Sections:
• 300.3 USE OF FORCE
Officers shall use only that amount of force that reasonably appears necessary
given the facts and totality of the circumstances known to or perceived by the
officer at the time of the event to accomplish a legitimate Jaw enforcement
purpose (Penal Code§ 835a). The reasonableness of force will be judged from
the perspective of a reasonable officer on the scene at the time of the incident.
•!• BWC evidence showed Officer Elser kicked in the face while
on the ground . The investigation showed was lying on the
ground and did not resist.
• 300.3.1 USE OF FORCE TO EFFECT AN ARREST
Any peace officer may use objectively reasonable force to effect an arrest, to
prevent escape, or to overcome resistance .
•!• Once the vehicle pursuit ended, was seen lying on the ground
and not actively resisting . He was then kicked in the face by officer Elser.
• 300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF
FORCE
When determining whether to apply force and evaluating whether an officer has
used reasonable force , a number of factors should be taken into consideration,
as time and circumstances permit. These factors include but are not limited to:
(a) The apparent immediacy and severity of the threat to officers or others
(Penal Code§ 835a).
(b) The conduct of the individual being confronted, as reasonably perceived by
the officer at the time.
•!• was lying on the ground when he was kicked in the face.
Based on this investigation , it does not appear that he was combative or
resisting at the time of the use of force.
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• 340 .5.9 CONDUCT
(b) Unreasonable and unwarranted force to a person encountered or a person
under arrest.
(c) Exceeding lawful peace officer powers by unreasonable, unlawful or
excessive conduct.
•:• was lying on the ground when he was kicked in the face .
Based on this investigation, it does not appear that he was combative or
resisting at the time of the use of force. The option used by Elser to kick
in the face with his work boot, created a substantial risk of
causing serious injury.
• 458.4 GENERAL GUIDELINES
When reasonably practicable, officers should consider alternatives to
engaging in or continuing a foot pursuit when:
(b) The officer is acting alone.
(e) The officer is pursuing multiple suspects and it is not reasonable to believe
that the officer would be able to control the suspect should a confrontation
occur.
•:• At the end of the pursuit, Elser believed he was alone and unsure if other
officers were near him . In his report , Elser stated , "I exited my patrol
vehicle and ran over to the rear of the suspect vehic le ."
•:• He made the decision to approach the suspect's vehicle by running.
Once he reached the side where was found, BWC footage
shows Elser speed-walked in pursuit of him. He quickly closed the
distance between himself and a number of potential suspects by speed-
walking.
•:• I believe his vision was tunneled and did not allow himself distance and
did not factor a tactical plan as what he would do if he encountered
several uncooperative suspects by himself.
A "foot pursuit" is not necessarily chasing by running after a suspect. A
"foot pursuit" is a law enforcement term that refers to attempting to
apprehend a suspect while on foot.
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• 458 .5 RESPONSIBILITIES IN FOOT PURSUITS
458.5.1 IN/TIA TING OFFICER RESPONSIBILITIES
Unless relieved by another officer or a supervisor, the initiating officer shall be
responsible for coordinating the progress of the pursuit. When acting alone and
when practicable, the initiating officer should not attempt to overtake and
confront the suspect but should attempt to keep the suspect in sight until
sufficient officers are present to safely apprehend the suspect.
•!• Elser's decision to pursue the suspect or suspects by himself, put him in
a tactical disadvantage . Elser believed he was by himself, even when
he saw the suspect lying on the ground . At minimum, Elser could have
held the suspect at gun point (s ince he believed the suspect may be
armed) and waited for additional officers to better control the situation.
He should have formulated an arrest team, a search team or at least
cover the vehicle while officers took the suspect into custody , as he has
been trained to perform in high risk vehicle stops.
PRIOR DICIPLINE HISTORY
On April 20, 2018, Officer Elser failed to report for his scheduled assignment and
did not notify anyone . Two supervisors located Elser intoxicated at his residence
and a preliminary alcohol screening revealed a blood alcohol content of .196%,
hours after he was to be at work.
As a result, Elser received a sustained allegation of misconduct in which a
modified 40-hour suspension was (recommended in March 2019) and is to be
held in abeyance for a period of two years. After the two-year period , the 40-hour
suspension will be changed to an Official Reprimand if there are no similar policy
violation issues related to attendance .
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HUNTINGTON BEACH
TO:
FROM:
Scott Winks, Captain
Uniform Division
Shawn Randell, Sergeant
Professional Standards Unit
SUBJECT: ALLEGATION OF EMPLOYEE MISCONDUCT# PSU2020-0014
DATE: June 9, 2020
COMPLAINANT:
Captain Scott Winks
COMPLAINT SYNOPSIS:
It is alleged the force and tactics Elser used during the arrest of
on March 6, 2020, were improper; and there may have been inconsistencies in
his report compared to what was depicted in video evidence of the incident.
DATE AND TIME OF INCIDENT:
March 6, 2020 at about 10:45 pm
LOCATION:
7104 Forest Glen Dr. HB
EMPLOYEE(Sl:
John Elser, Officer
WITNESSE(Sl:
Officer M. Dexter
Officer V. Rivas
Officer K. Armijo
Officer M. Martinez
Sergeant M. Thomas
INVESTIGATION:
I was assigned this investigation after the arrest of
The arrest occurred after the termination of a pursuit by way of a Pursuit
Intervention Technique (hereafter referred to as a PIT) and use of force. During a
review of body worn camera (hereafter referred to as BWC) footage, Lieutenant
PSU2020-0014 Administrative Investigation I of24
R. Reilly notified Captain S. Winks who ordered an investigation into the force
option and tactics Officer J. Elser used.
On March 11, 2020, I was assigned this investigation and acquired video
evidence from evidence.com. Elser did not have his BWC activated during the
use of force, but activated it shortly thereafter. All videos have been incorporated
with this investigation for reference. The following are summations of my reviews
of the videos.
Officer M. Dexter BWC:
Officer M. Dexter activated his BWC during the pursuit. Shortly after activating
his camera, the pursuit terminated with a PIT. Dexter exited his unit and made
his way toward Elser who was standing behind the suspect vehicle with his gun
drawn and pointed in the direction of the driver's side of the vehicle.
Elser can be heard saying, "Out of the car," at least three times. With his gun still
drawn, Elser briskly walked towards who appeared to be on his right
side and on the ground. He was adjacent to the open driver's side door and his
knees and elbows were bent 45 degrees respectively. Elser and were
in the video frame for less than two seconds, when Elser used his right foot to
kick in the area of his head. Due to the intermittent lighting and
moving camera, there was no clear depiction of where the kick impacted
As Elser approached he did not appear to look in the direction of the
open driver's door of the suspect vehicle. There was no indication he gave
anyone else direction, either verbally or non-verbally, to clear the suspect
vehicle.
Dexter was several feet behind Elser when this took place. He approached Elser
and and can be heard saying, "BWC." As the video continued, there
were no additional strikes captured. It appeared there were several additional
Officers present and all were trying to handcuff who can be heard
screaming. Several officers are heard telling to stop resisting.
Officer K. Armijo BWC:
Officer Armijo's video was activated during the pursuit; however, it did not
capture the suspect's vehicle, until Armijo exited his unit. Armijo appeared to be
just behind Dexter as they approached the back of the suspect vehicle. The
video captured Elser approaching the driver's side of the vehicle. Elser and
were in the frame of the video for one second or less as Elser
approached and kicked him in the area of his face. I was unable to
clearly see where the impact of the kick landed on As this was
PSU2020-0014 Administrative Investigation 2 of24
occurring, Elser can be heard saying, "Out of the car," on two separate
occasions. Once was prior to him engaging and the second was after
he had delivered the apparent kick. at that time, appeared to be on
his right side, facing Elser with his knees bent in a 45 degree angle. The video
did not clearly depict where hands were at the time Elser
approached him.
Elser can also be heard saying, "Hands," at least once. Another Officer
announces, "I have the car, the car is clear." This was after Elser had begun
trying to handcuff with the assistance of another Officer. The video did
not depict Elser looking towards the open driver's door as he had initially
approached Other than forced handcuffing, there did not appear to
be any additional force used to restrain He complained of pain to his
back but also announced that he had previously had back surgery. When medics
arrived, they identified his facial injury and also asked if he had pain to his
abdomen. indicated he did have pain to his abdomen. The remainder
of the video was of the medics treating and loading him onto the
gurney.
Officer A. Scott BWC:
Officer Scott's camera was activated as he was knelt down beside the suspect.
Officers were attempting to handcuff him and there was no apparent force, other
than handcuffing, captured on the video. Scott remained with the suspect when
Fire Department personnel arrived and began treating had
blood on the left side of his face and also complained of back pain.
told the medics he did not believe he had his seatbelt on at the time the truck
collided with the wall. also mentioned a prior back injury from ten
years earlier, which caused him to walk with a cane.
Officer A. Villa BWC:
Officer Villa activated his BWC as he was standing above the suspect. The
suspect had been handcuffed at this time and there was no force captured on
Villa's BWC footage. Villa walked over to the open driver's door of the suspect
vehicle, which showed the airbags of the vehicle had deployed, presumably due
to the impact with the wall. There was nothing else of note, which had not
already been articulated in earlier mentioned videos. Villa leaves the scene
approximately four minutes after he activated his camera.
Officer M. Martinez BWC:
Officer Martinez activated his camera as he started to walk towards the area
where the Officers and were. McConibs had already been restrained
and there was no apparent force being used on him in the footage. Martinez
PSU2020-0014 Administrative Investigation 3 of24
contacted the resident who lived at . He indicated he did not
see what happened and only heard the crash. He also verified he did not have
any surveillance cameras on his residence. This address was the location where
the suspect vehicle collided with a wall and came to rest. Nothing further of note
was captured.
Officer J. Elser BWC:
Officer Elser activated his BWC after had been handcuffed and his
video footage captured nothing significant, other than the extent of the damage
inside of the suspect vehicle.
Officer T. Higgs BWC:
Officer Higgs activated his BWC as he was seated in a patrol unit. The arrest
was not captured on the footage. Higgs appeared to arrive as Fire Department
personnel were arriving on the scene at the time of the activation. Higgs
approached the area where was seated on the ground and medics
began treating him. Nothing else of significance was captured on the video.
Officer V. Rivas BWC:
Officer Rivas activated his camera during the pursuit. The video captured him
executing the PIT, which led to the termination of the pursuit. After the PIT, Rivas
continued past the suspect's vehicle. He exited his unit and ran to the driver's
side of the suspect vehicle; however, his BWC did not capture Elser's use of
force. Instead, Rivas turned his body and focused his attention on the open
driver's side door of the suspect vehicle which had yet to be cleared.
After clearing the suspect vehicle, Rivas assisted others with handcuffing
Rivas can be heard telling several times to put his hand
behind his back and to stop resisting. Rivas' camera fell off during the struggle
and yielded no further significant footage.
Sergeant M. Thomas BWC:
Sergeant Thomas activated his BWC upon arriving to the termination point of the
pursuit. His footage covered much of what was already described above.
Thomas approached Elser to speak with him and turned off the camera at that
time. This video was titled Sergeant Thomas BWC and was one of three videos
from Thomas.
In a video titled Sergeant Thomas Admin Interview 1, is in an
emergency room bed. The video captured Rivas advising of his
Miranda rights. subsequently expressly waived those rights and
PSU2020-0014 Administrative Investigation 4 of24
admitted to leading officers on a pursuit because he had a warrant.
said he exited his truck and fell down. He said he then had a foot in the back of
his head. He said he was laying down flat on the asphalt when he had the foot in
the back of his head, as he described it.
said he did not remember if officers were giving him any kind of
commands as they were trying to take him into custody because he, "Kind of
blacked out." acknowledged the incident could have been avoided if
he had initially pulled over. The interview ended when was advised
that Officer Rivas was going to interview him and requested an attorney.
The final video, titled Sergeant Thomas Admin Interview 2, was of Thomas
conducting an assessment of injuries. again indicated he
had back surgery a few years earlier, which required him to walk with a cane.
Thomas acknowledged facial injuries and asked if he had any
additional injuries, at which time complained of pain to his chest.
Surveillance Video from Storage Complex:
There were two videos from the storage unit business across the street from
where the pursuit terminated. The cameras did not capture the use of force but
only a small portion of the pursuit and the PIT which brought the pursuit to an
end.
Other Miscellaneous BWC:
ER1-Did not contain any additional relevant investigative material and was of
Rivas and Thomas in the emergency room.
ER2-Did not contain any additional relevant investigative material and was of
Rivas and Thomas in the emergency room.
Officer Rivas Miranda Advisement-Contained Rivas' Miranda advisement and a
portion of Thomas' administrative interview with
Canvass:
On March 19, 2020, I canvassed the area of 7104 Forest Glen Drive. Following
the pursuit, the suspect vehicle was stopped with a PIT and collided with a wall
on the west side of that residence. There were three houses on Ambrose Ln.,
which faced the west side of 7104 Forest Glen Drive. I spoke with the resident at
. He said he did not have any surveillance cameras and he
did not see the arrest. I next spoke with who lived at
He had a surveillance camera which faced the location where
the suspect vehicle came to rest; however, it was battery operated and he was
PSU2020-0014 Administrative Investigation 5 of24
unsure if it was charged at the time the incident took place. He said he came out
to his balcony after the suspect was already in handcuffs and did not see
anything notable. stated he would email me any potential video evidence
his surveillance camera captured the night of March 6, 2020. I spoke with the
resident at 18797 Ambrose Lane, via a Ring door bell. He was not home but
stated he did not have any surveillance cameras which would have captured the
arrest and he was not a witness to it.
On March 25, 2020, emailed me a video taken from his surveillance
camera. The camera appeared to capture police and fire personnel already on
scene. The video was of poor quality and did not yield any footage which would
depict the use of force and tactics used by Elser or others. There was no time or
date stamp on the video. The video was incorporated with this investigation,
under a video titled Surveillance Video from Mr.
On March 31, 2020, I reviewed reports as they related to this investigation. The
following are summations of all relevant reports; however, all reports were
attached to this investigation for reference whether or not they involved
documentation of the use of force.
Elser's Report:
The following is Elser's report as it related to the use of force when arresting
After the pursuit and PIT, Elser used his front push bumpers to block
the vehicle in and eliminate ability to drive away. Elser ran behind the
suspect vehicle and observed jump, or "Thrust," himself out of the
vehicle.
Elser wrote he gave two commands to "Get down, Get down." Elser
indicated appeared as though he was trying to stand up from his
kneeling position and not listening to his commands. Elser stated that he used
his right foot to kick one time on the left side of his face. Elser said he
did this to prevent him from standing up, continuing to flee or re-enter his vehicle
to retrieve a weapon. Elser felt this force option was necessary as he was unable
to ascertain if there were additional suspects in the vehicle and he did not have
any cover or concealment between him, and the suspect vehicle.
Elser also took into consideration his training and experience which has taught
him suspects who flee from officers in vehicles are often times armed with
weapons such as guns and knives. Elser documented he was unable to see if
was armed at the time of the use of force because of several
environmental factors. Those included: darkness, debris, smoke from the traffic
collision, particulates from the airbag deployment and the lighting. This lighting
including emergency lighting from the patrol units.
PSU2020-0014 Administrative investigation 6of24
After delivering the kick to the left side of face, Elser indicated the
force used was effective as it caused to fall to his stomach. Elser and
assisting officers were then able to successfully handcuff him. Elser did not
address any injuries had sustained as a result of the use of force;
however, Elser did indicate he himself had not been injured.
Based on my review of two of the BWC cameras, those being Dexter's and
Armijo's, I found some apparent inconsistencies between the report Elser
authored and the video evidence.
Elser wrote he told to, "Get down, Get down." The video depicted
Elser actually giving the command, "Out of the car," several times but it did not
capture him saying, "Get down." Additionally, Elser wrote it appeared to him,
was trying to stand up from his kneeling position. The video showed
on his right side in somewhat of a fetal position with his knees bent in
a 45 degree angle, towards his mid-section, when Elser approached him and
delivered the kick.
There were several factors to take into consideration when reviewing the camera
footage, prior to the kick. In Dexter's video, was only in the picture
frame for two seconds or less, when Elser kicked him. With Armijo's video, the
time was approximately one second. It was possible was kneeling just
prior to coming into the frame of the video.
Additionally, with regards to Elser's written statement that he instructed
to "get down," there were sounds from the cameras activating, officers
running with the camera on and sirens in the background. If Elser did actually
give the command to "get down" it was not captured on any officer's audio
recording; however, his command, "Out of the car," was.
Rivas' Report:
Rivas did not document anything related to Elser's use of He indicated
was on the ground and prone with Elser, Armijo and Dexter on top of
him. Officers were trying to handcuff him; however, he was clenching his right
arm against his chest to prevent officers from handcuffing him. Rivas grabbed
wrist and they were able to handcuff him.
After was arrested, he was transported to UCI Medical Center, where
he was treated and diagnosed with broken ribs, a broken sternum and broken
nose. Rivas documented the following injuries and complaints of pain by
complained of pain to his nose, left ankle and lower back.
Additionally, he had a swollen left eye and redness to his left cheek. While at the
hospital, was determined to have had an amount of suspected heroin
on his person.
PSU2020-0014 Administrative Investigation 7 of24
Dexter's Report:
Dexter documented being involved in the pursuit and after its termination, only
having a view of the passenger side of the vehicle. This was the opposite side of
the vehicle was on. Dexter made his way around the back of the
suspect vehicle and heard Elser saying, "Out of the car." After Dexter made his
way around the suspect vehicle, he observed "laying on the ground
and screaming." Dexter observed Elser approach and kick him in the
face. Officers got on top of and were able to restrain him without
further incident. Dexter had no further documentation of note, related to the
arrest and use of force.
Armijo's Report:
Armijo documented his involvement in the pursuit and the subsequent arrest of
Armijo documented he observed on the ground and near
the driver's door of his vehicle. He reported having his arms tucked
underneath his body. He documented officers trying to control and restrain
He also documented Rivas telling to, "Stop resisting."
Armijo did not document Elser kicking
Sergeant Thomas' Report:
Thomas responded to the termination point of the pursuit in the role of a
supervisor. He did not document witnessing the use of force but indicated after
clearing the scene, he responded to UCI Medical Center to interview
told Thomas, after his vehicle hit the wall, he exited his truck and fell
to the ground. alluded to having gotten a foot in the back of his head.
contention was that he had given up and was, "Laying there prone on
the asphalt." He denied hearing any commands from the officers on scene
because he had, "kinda blacked out."
Thomas went over pre-existing injuries which included severe nerve
damage to his right leg, which required him to walk with a cane. He also said he
had, "A bunch of screws," in his back from a previous medical procedure.
Thomas asked why he did not take his cane when exiting the vehicle.
responded by saying everything was a blur and he wanted to get
away from the airbag that had just deployed.
On April 2, 2020, Jones and I met with Elser in the Professional Standards Unit. I
served Elser with notice he was the subject of an allegation of employee
misconduct. Elser signed the form and I him with a copy of it.
Additionally, I provided Elser with a copy of the allegation of employee
misconduct form.
PSU2020-0014 Administrative Investigation 8 of24
On April 3, 2020, I conducted an audio recorded witness interview with Officer
Rivas in the Professional Standards Unit. Rivas did not see Elser kick
but he did indicate was resisting while on the ground. Rivas assisted
in restraining who was still actively resisting by pulling away and
flexing. After the arrest, Rivas was with at UGI Medical Center.
did not indicate he had been kicked but rather told Rivas he had fallen
out of his car and landed on his head. Rivas later learned Elser had kicked
in the head when he reviewed associated supplemental reports.
On April 3, 2020, I conducted an audio recorded witness interview with Officer
Armijo in the Professional Standards Unit office. In the interview, Armijo indicated
he approached the driver's side of the suspect vehicle after the pursuit had
terminated. Armijo observed on the ground outside of the driver's
door. Dexter and Elser were in front of Armijo, with Dexter being in the middle.
Armijo indicated his attention was focused on the suspect vehicle and did not
see Elser kick After clearing the suspect vehicle, Armijo assisted
Dexter and Elser in restraining who was tense and trying to pull away.
On April 3, 2020, I conducted an audio recorded witness interview with Sergeant
Thomas in the Professional Standards Unit office. Thomas responded to the
termination point of the pursuit; however, was not a witness to the use of force.
After arriving on scene, Thomas witnessed officers trying to restrain
Once was restrained, Elser told Thomas he kicked in the
area of his head to prevent him from escaping. Elser's report accurately reflected
what he had told Thomas. After reviewing the BWC video, Thomas said it did not
appear was up on his knees or preparing to run. However, Thomas
only observed for about one or two seconds in the video prior to Elser
kicking him. Thomas referred to the video as a small snap shot of what had
happened.
On April 3, 2020, I allowed Elser and his attorney, Mr. Bijan Darvish, to review
BWC video of the incident at the Huntington Beach Police Department.
On April 9, 2020, Sergeant Jones and I conducted an audio recorded witness
interview with Officer Dexter in the Professional Standards Unit office. Dexter
was at the termination of the pursuit and .witnessed Elser kick in the
area of his face. Dexter said he only saw for one to two seconds, prior
to Elser kicking him. Dexter did not see Elser clear the suspect vehicle, prior to
approaching Dexter did not see Elser or anyone else strike or kick
any additional times. Based on what he had seen, prior to Elser
kicking Dexter said he would not have been able to justify the force
Elser had used.
On April 20, 2020, I conducted an audio recorded witness interview with Officer
Martinez in the Professional Standards Unit office. Martinez was not directly
PSU2020-0014 Administrative Investigation 9 of24
involved in the pursuit but arrived to the termination point about one and a half
minutes after it had ended. Martinez did not witness anyone use force on
other than forcible handcuffing. Upon Martinez' arrival, officers were
already in the process of handcuffing so he cleared the suspect
vehicle.
On May 23, 2020, Sergeant Jones and I conducted a recorded subject interview
with Elser in the Professional Standards Unit office. Elser was in the company of
his attorney Mr. Bijan Darvish Esq. In summary, Elser indicated he was involved
in the pursuit of and watched the termination after a PIT maneuver
was utilized. Elser pinned the suspect vehicle in with his unit and exited his patrol
vehicle. Elser separated himself from his unit because of its close proximity to
the suspect vehicle, which he believed made him vulnerable to an attack. Elser
made his way around the back of the suspect vehicle and first noticed the
driver's door open. He saw then, "Fly, thrust or fall," out of the vehicle.
It was Elser's belief was attempting to continue his flight into an
occupied residential community. Additionally, Elser was concerned
could have been armed or returned to his vehicle where he could have had a
weapon.
Elser stated he utilized a single kick to face, believing it would be the
most effective technique to effect the arrest, overcome previously
displayed resistance and prevent further attempts of escape. Elser indicated his
force options were limited because he had no cover and concealment and had
both hands occupied with his firearm. Thus, he was unable to deploy his Taser,
baton, or any other force options, while still being able to keep an eye on the
suspect vehicle. Elser was concerned additional people might still be in the
vehicle. Elser stated he took a path to first make contact with which
would give him the ability to still have a visual of the suspect vehicle.
Elser indicated he had not reviewed any BWC video or audio recordings of the
incident prior to writing his report. He wrote the report the following day and it
was his belief he had given the command, "Get down," which was what he had
authored in his report. After reviewing the video, Elser realized the command he
actually gave was, "Get out of the car." Elser said it was his true belief he had
said "Get down," when writing his report and he was not intending to be deceitful.
PSU2020-0014 Administrative Investigation IO of24
Officer Rivas Interview:
On April 3, 2020, at 6:18 am, I conducted an audio recorded witness interview
with Rivas in the Professional Standards Unit office. Prior to questioning Rivas, I
read him the witness admonishment and he indicated he understood it and
signed the form. Prior to the interview I allowed Rivas to review his report and
BWC footage from the incident.
I informed Rivas the investigation involved an incident that occurred on March 6,
2020, at about 10:45 pm. Rivas said he was working on that date and time.
Rivas indicated he had initiated a pursuit on a suspect for a vehicle code
violation. Furthermore, Rivas suspected the driver might have been someone he
had been looking for who had a probation violation warrant. Rivas was uncertain
of what the suspect was on probation for. Because he was uncertain as to the
identity of the driver, he did not relay the suspicions he had, regarding the driver
possibly being wanted, to other officers.
Rivas ended the pursuit by utilizing a PIT and proceeded past the vehicle. Rivas
exited his unit and ran to where the PIT had occurred. Between the pursuit
terminating and Rivas running back to the suspect vehicle, it took him less than
one minute. Upon arriving to the suspect vehicle, Rivas saw the "rear end," of it.
Elser, Dexter and Armijo were already present as Rivas arrived to the suspect
vehicle. He indicated Martinez arrived to the suspect vehicle at the same time he
had.
Rivas observed Armijo, Dexter and Elser with Rivas focused on the
suspect vehicle and clearing it and then assisted the other officers in restraining
who was on the ground outside of the driver's door of his vehicle.
Rivas said he assisted by grabbing one of arms. Rivas did not see
anyone punch or kick him. Rivas said the suspect was resisting by actively trying
to pull away and flexing, making it difficult for Rivas to move his arm. Rivas
indicated did not appear to be injured at that point.
Rivas later learned had been kicked when he read supplemental
reports related to the arrest. never indicated to Rivas he had been
kicked. Rivas was present when Thomas conducted an interview of at
the hospital but was not paying attention to the conversation. Rivas said
made comments about falling out of the vehicle and hitting his head
on the ground and that he was, "Pretty adamant about it."
Rivas had nothing further to add and I asked no additional questions. I read
Rivas the admonishment not to discuss the investigation with anyone and he
indicated he understood what I had read by initialing the form.
PSU2020-0014 Administrative Investigation 11 of24
Officer Armijo Interview:
On April 3, 2020, at 6:31 am, I conducted an audio recorded witness interview
with Armijo in the Professional Standards Unit office. Prior to questioning Armijo,
I read him the witness admonishment and he indicated he understood it and
signed the form. Prior to the interview I allowed Armijo to review his report and
BWC footage from the incident.
I informed Armijo the investigation involved an incident that occurred on March 6,
2020, at about 10:45 pm. Armijo said he was working on that date and time.
Armijo acknowledged he assisted Rivas during the aforementioned pursuit.
Armijo arrived at the end of the pursuit which terminated with a PIT. After the PIT
was utilized, Armijo made his way to Elser's unit, which was perpendicular with
the suspect vehicle. Armijo approached the rear of the suspect vehicle and
Dexter was in front of him. Additionally, Elser was in front of Dexter and about 10
to 15 feet in front of Armijo.
When Armijo saw the suspect vehicle, Elser was towards the rear of it and on
the driver's side. It was Armijo's opinion, Elser would have had a view of the
exterior of the driver's side of the suspect vehicle. I asked Armijo if he had a view
of the area and he said, "I did not." Armijo heard Elser say, "Get out of the
vehicle, get on the ground." I later questioned Armijo about the commands he
hear Elser giving and he said he originally heard him say, "Get out of
the vehicle," and then he said he possibly heard Elser say something along the
lines of, "Get on the ground."
As Armijo rounded the back of the suspect vehicle, he observed on
the ground. Armijo would later say he did not see, nor did he know, how the
suspect ended up on the ground. Elser and Dexter approached the suspect and
Armijo followed them, while being directly behind Dexter. I asked Armijo what his
attention was focused on at that point and he said, he was first focused on
and then diverted his attention to the suspect vehicle in order to clear
it. It was unknown to Armijo if there were any additional suspect(s) in the vehicle
and it was his belief it had not been cleared yet.
I asked Armijo if he witnessed Elser kick and he said, "No I did not."
Armijo indicated he did know the suspect had been kicked until after the fact.
Additionally, Armijo indicated he was unable to see what it was was
doing, because Dexter was directly in front of him and obstructing his view.
Armijo said was on the ground when he first saw him, but he could not
tell if he was "perched," up with his hand underneath him. I asked Armijo if he
was able to tell what the suspect was doing with his lower extremities and he
said due to the smoke, he could not. Armijo reiterated he had directed his focus
on the suspect vehicle as Elser and Dexter first made contact with
PSU2020-00 l 4 Administrative Investigation 12 of24
After clearing the vehicle, Armijo assisted in restraining Armijo
indicated he did not feel the suspect trying to get up because Dexter and Elser
were on top of him. But prior to that, he had no recollection of the suspect trying
to stand up.
Armijo became aware of Elser having kicked after the incident. He
said Dexter had indicated Elser, "Went up and delivered one strike to the
suspect to get him on the ground." Armijo indicated this was during a de-brief of
the incident and in order to coordinate who was going to document what part of
the investigation.
I asked Armijo if it was his contention that was resisting when they
were trying to handcuff him and he said it was. Armijo heard officers giving
commands, while he was clearing the suspect vehicle. When he aided
them in handcuffing Armijo felt him tense and pulling away. I asked
Armijo if he observed anyone punch or kick during the time he was
assisting others in trying to restrain and Armijo said he did not. Armijo
denied ever punching or kicking himself. Armijo said did not
appear injured at that point.
Armijo had nothing further to add and I did not ask him any additional questions.
I then read him the admonishment not to discuss the investigation with anyone
and he said he understood, by initialing the form.
PSU2020-0014 Administrative Investigation 13 of24
Sergeant Thomas Interview:
On April 3, 2020, at 6:50 am, I conducted an audio recorded witness interview
with Thomas in the Professional Standards Unit office. Prior to questioning
Thomas, I read him the witness admonishment and he indicated he understood it
and signed the form. I informed Thomas the investigation involved an incident
that occurred on March 6, 2020, at about 10:45 pm. Thomas said he was
working on that date and time. He had monitored radio traffic related to Rivas
being involved in a pursuit.
Thomas arrived at the termination point of the pursuit in what he estimated to be
ten to fifteen seconds after the pursuit had terminated. He observed the suspect
vehicle had collided with a cinder block wall. Thomas saw in a prone
position with officers trying to control him. was yelling and screaming
as officers were trying to handcuff him. Thomas also heard officers giving
commands to stop resisting and place his hands behind his back.
Thomas did not witness anyone punch, strike or kick at that time.
After had been handcuffed, Elser immediately asked to talk to
Thomas. Elser explained he used force on the suspect to prevent him from
fleeing and to encourage him to surrender. Elser told Thomas as he arrived to
the scene, had exited the vehicle and looked like he was going to get
up to run, so he struck him once by, "Kicking him in the head area." Thomas later
reviewed Elser's report and found it to be consistent with what Elser had relayed
to him in the field.
Thomas also reviewed BWC footage of the incident. In reviewing the video,
Thomas observed Elser kick I asked Thomas if the video reflected
the statement Elser made to him and what he read in the report. Thomas felt that
what he saw in the video was only a snapshot of what had happened. In the
video it did not appear the suspect was on his knees. Thomas said, "As far as
like the internalization of what was going through Officer Elser's mind, I can't
really speak to that. All I can say is what I saw in that particular part of the video."
Based on the video, it did not appear to Thomas that was trying to get
up. Thomas said was in the frame of the video for maybe one or two
seconds prior to that. Thomas did not recall if Elser had mentioned giving
commands when explaining the use of force to him.
Thomas brought the use of force to Lieutenant Reilly's attention, because his
perception of what he observed on the video differed from what Elser had
explained to him. This was Thomas' first reportable use of force as a supervisor
and there appeared to be a discrepancy, so he sought guidance from Reilly on
how to handle that. Thomas had nothing further to add and I asked no additional
questions. I ordered Thomas not to discuss the investigation with anyone and he
indicated he understood by signing the form.
PSU2020-0014 Administrative Investigation 14 of24
Officer Dexter Interview:
On April 9, 2020, at 1 :47 pm, Sergeant Jones and I conducted an audio recorded
witness interview with Dexter in the Professional Standards Unit office. Prior to
the interview, I provided Dexter with a copy of his report and allowed him to
review his BWC footage. I then read Dexter the witness admonishment and he
indicated he understood what I had read by signing the form.
I informed Dexter the investigation involved a pursuit on March 6, 2020 at 10:45
pm. Dexter reviewed his report and observed he wrote March 7, 2020. Based on
records, the date of the incident was in fact March 6, 2020 and Dexter had made
an error on his report.
Dexter said he was involved in the pursuit initiated by Rivas. The pursuit was
terminated with a PIT on Earnest Dr. east of Goldenwest St. The suspect vehicle
had gone through a fence and into a private community and was perpendicular
to Dexter's unit. Dexter had stopped his unit on the apron of the driveway located
on Earnest Dr.
Dexter exited his unit and approached the rear of the suspect vehicle with Elser,
who was 10-15 feet in front of him. Once Dexter arrived to the back of the
suspect vehicle, he observed Elser make an approach on and kick
him in the face. Dexter had observed for about one to two seconds
prior to Elser kicking him. Except for the one to two second window, Dexter was
unable to see what was doing prior to Elser kicking him. Dexter said
was lying face down and rolling up to his side prior to Elser kicking
him. Dexter was unable to see how or why had originally exited his
vehicle.
I asked Dexter if Elser ever appeared to have paid any attention to the suspect
vehicle as he approached and he said it appeared as though Elser
was focused on Dexter said it was only he and Elser present at the
time; however, they received assistance almost immediately. After
had been kicked, Dexter controlled his legs where he remained until the incident
was over. As assisting officers were restraining Dexter did not see
any additional strikes or kicks nor did he see anything greater than forcible
handcuffing being utilized. Dexter observed the interior of the suspect vehicle
and noticed the airbags deployed and believed the impact of the collision was
significant enough to cause injuries to someone.
I asked Dexter why he said the phrase "BWC," after Elser kicked and
he said it was to let people know the camera was on and he has done that
before. I asked Dexter if he said the phrase for a specific reason, in this instance,
and he said the tool and its implementation were still relatively new and he said
the phrase to remind others to turn theirs on and to inform officers his was on.
PSU2020-00 l 4 Administrative Investigation 15 of24
I asked Dexter if he had heard Elser giving any commands and he
said the exact words Elser used were, "Out of the car." He did not recall Elser
ever telling to get on the ground. I asked Dexter if he ever spoke with
after he was arrested and he said he did not.
I asked Dexter if it appeared was trying to flee based on what he had
seen and he said, "No." Dexter said that was based on the one to two second
period when he first saw I asked Dexter, based on what he had seen
leading up to the use of force, if the force he saw Elser use appeared reasonable
and he said, "I could not have justified doing that." I asked Dexter if his inability to
have justified that use of force was based on what he had seen and he said it
was.
Jones confirmed with Dexter that after the PIT, he was unable to see the suspect
through the passenger window of the suspect vehicle. Dexter was unable to
determine if had exited the car on his own or if he had been directed
to because as he came around the suspect vehicle, was already on
the ground.
Dexter did not have any further discussion with Elser regarding the incident or
use of force. He also did not hear Elser describe his reasoning for kicking the
suspect with anyone. After Elser kicked he tried to secure
left arm behind his back. Dexter did not see Elser strike any additional
times. He also did not see or hear anyone else strike while they were
trying to forcibly handcuff him. Dexter was asked if it was apparent
was resisting at that point and Dexter said he could not tell because he was
wrapping up his legs. The three officers on upper body and lack of
light prevented Dexter from seeing if was resisting.
Dexter had nothing further to add and I did not ask any additional questions. I
ordered Dexter not to discuss the investigation with anyone and he indicated he
understood by initialing the form.
PSU2020-0014 Administrative Investigation 16 of24
Officer Martinez Interview:
On April 20, 2020, at 6:40 am, I conducted an audio recorded witness interview
with Martinez in the Professional Standards Unit office. Prior to the interview, I
provided Martinez with a copy of his report. I then read Martinez the witness
admonishment and he indicated he understood what I had read by signing the
form.
I informed Martinez the investigation involved a pursuit which occurred on March
6, 2020, at 10:45 pm. Martinez said he was not in the pursuit but arrived about
one and a half minutes after the pursuit terminated. Upon arriving to the
termination point, Martinez observed the suspect vehicle and approached it from
the passenger side. During his approach, he was unable to see on the
ground. Martinez made his way around the back of the suspect vehicle and
observed on the ground and officers taking him to custody. Martinez
said he cleared the suspect vehicle.
Martinez was unable to tell if was resisting but did hear him
screaming. He did not see any officers using force, greater than forcible
handcuffing, on He also heard officers repeatedly ordering
to stop resisting. Martinez observed Dexter, Rivas and two other officers taking
into custody. He did not see anyone strike in the process.
Martinez was only aware of having been kicked based on, "Rumors,"
he heard several days later. Martinez had nothing further to add and I did not ask
any additional questions. I ordered Martinez not to discuss the investigation with
anyone and he indicated he understood by initialing the form.
PSU2020-0014 Administrative Investigation 17 of24
Officer Elser Subject Interview:
On May 28, 2020, at about 10:00 am, Sergeant Jones and I conducted a
recorded subject interview with Officer Elser in the Professional Standards Unit
office. Elser was represented by his attorney, Mr. Bijan Darvish Esq. Prior to the
start of the interview, I read Elser the subject admonishment which included a
Miranda warning. Elser indicated he understood the warning and under the
advice of counsel, elected not to waive those rights. I then read him the Lybarger
warning which he indicated he understood and signed the form.
I informed Elser the investigation involved an incident which occurred on March
6, 2020. Elser indicated he was working uniformed patrol that day. I asked him if
he was involved in a vehicle pursuit and he said he was. Elser said he was the
second unit in the pursuit and watched as it was terminated with a successful
PIT maneuver. Elser watched as the vehicle collided with a wrought iron gate
and a brick wall in a residential community. Elser described the collision involving
the suspect vehicle, the wrought iron gate and wall, as severe.
Elser was unable to determine how many suspects were in the suspect vehicle
during the pursuit or subsequent PIT. Furthermore, he indicated there was no
indication by anyone else on the number of occupants in the vehicle. Elser
described the area, where the suspect vehicle came to rest, as "very dark." He
said there was ambient lighting provided by the headlamps and strobe lights of
his vehicle which also provided some direct lighting. Elser indicated there was
minimal additional lighting in the adjacent areas of the suspect vehicle.
The radio traffic of the pursuit revealed Rivas had indicated there was one
occupant in the vehicle. Shortly after this was stated, Elser took over
broadcasting the pursuit as the number two unit. It was unknown if Elser heard
the information regarding the single occupant. It was clear on the radio traffic,
both Rivas and Elser had their respective sirens activated.
Elser exited his unit after the pursuit terminated. He observed the passenger side
of the suspect vehicle perpendicular to the front of his unit. Elser had pinned the
suspect vehicle against the wall to prevent any further attempts to evade with the
vehicle. Elser did this by tapping the rear bumper of the suspect vehicle with his
front push bumper. He also had to negotiate the now downed wrought iron gate.
Elser made his way around the back of the suspect vehicle. He described the
vehicle as a, "Tacoma," with a shell on it. Elser said based on there being no
information of additional occupants in the vehicle, he directed his attention to the
driver's side of the suspect vehicle. He acknowledged there could have been
people in other areas of the vehicle but with the information he had at the time,
he knew there to be at least one occupant, that being the driver.
PSU2020-0014 Administrative Investigation 18 of24
I asked Elser if he would have been able to see the driver's side of the suspect
vehicle had he stayed back by his unit and he said "Not at all." He also agreed
he would have been in a vulnerable position if he were to remain with his unit as
he would not have been able to see what the driver would have been doing. I
asked Elser if there was another position he could have remained at and called
the suspect back to him and he said, "No."
Elser was asked if there were any other environmental factors affecting his ability
to see when he was at the back of the suspect vehicle. Elser said there were not
only things that affected his ability to see but also affected his ability to clearly
hear.
Elser attributed the engine noise of the vehicles, and the sirens in the back
ground in affecting his ability to clearly hear. Furthermore he described the scene
as having several elements which affected his ability to see. Elser mentioned he
had his weapon mounted light activated. The dust and debris from the collision
and the air bag deploying, coupled with steam from the damaged engine made
his visibility, "very poor."
I asked Elser what he saw doing when he rounded the back of the
suspect vehicle. He told me the first thing he saw was the driver's door open.
Elser said, "I know that's bad. That's a bad feeling for me when I see the driver
door open." Elser indicated his adrenaline was, "Through the roof." Based on
Elser's training and experience he said the worst thing for a suspect to do is
jump out of a car after a pursuit or car stop. Elser said an ideal scenario is when
the driver remains in the vehicle because it is a controlled position. He further
stated that is the compliance he is used to. Elser then saw "Fly, thrust
or fall," out of the open driver's door and away from the vehicle. Elser said, "So
I'll be honest with you, I was freaked out I was pretty scared. I didn't know what
this guy's intention was." Furthermore, Elser said he knew it was unusual for
suspects to immediately jump out of a car. Elser also cited not knowing what
intentions were or if there were any additional occupants in the
suspect vehicle, in causing him to be afraid for his safety. At that time, Elser did
not hear or see any other officers around. Elser recognized he had no cover or
concealment and had not been searched. Elser said based on his
training and experience, those who evade the police often times have weapons.
Lastly, Elser said, "Based on the totality of the circumstances it was clear this
guy wanted to get away."
I asked Elser if he believed other officers were in the area to assist him and he
said he did. He based that belief on earlier radio traffic he heard during the
pursuit. Elser witnessed Officer Rivas PIT the suspect vehicle and proceed on for
another 30 yards.
PSU2020-00 l 4 Administrative Investigation 19 of24
I asked Elser, from his prospective, what it was that caused to exit the
suspect vehicle. He was unable to tell what caused to exit and said,
"All I can tell, it was a movement away from the vehicle with the door open."
Elser indicated the direction was moving was away from responding
officers and directly into a residential neighborhood. Elser was familiar with this
particular residential neighborhood and knew it to be inhabited. It was Elser's
assumption those residences were occupied at the time of the incident.
After exited the vehicle, Elser saw him land on the ground. He further
described having his arms out with his elbows bent and palms down.
His knees were both drawn up towards his chest in a, "Very loose fetal potion."
head was facing the area of the residential tract. Elser could tell
had contact to the ground with his hands elbows and knees; however,
Elser was unsure if there was space between chest and the ground.
As Elser rounded the car he said every indication to him was that was
pushing up from the ground. I asked Elser why that concerned him and he said,
based on the totality of the circumstances, had showed the propensity
to flee and an unwillingness to comply with officers.
I asked Elser what, if any, commands he remembered giving after
rounding the back of the suspect vehicle. I clarified that I was seeking his
recollection without having watched any video. Elser said he remembered telling
to, "Get down," twice and agreed that was what he had documented in
his report. I asked Elser if he watched any BWC video prior to writing his report
and he said he did not. I also asked if he had listened to any audio which may
have captured him giving commands and he said he did not. Elser
confirmed he has since viewed BWC video of the arrest. Elser acknowledged
that he had actually given the command, "Get out of the car," twice.
Elser said he had written his report within 24 hours of the incident occurring. He
authored the report based solely on his recollection of the incident. Elser truly
believed he had given the command, "Get down," and stated he was not trying to
be deceitful with regards to the discrepancy. Elser described writing his report
during the following shift. I asked Elser if he had taken any notes between the
time of the incident and when he wrote his report and he did not believe he had.
During the interview, we watched a portion of Armijo's BWC video (22 second
mark) which captured the use of force on I asked Elser if he believed
his report accurately reflected what was seen on the aforementioned video and
he said, "Yes." I asked Elser if there was any difference in body
positioning, while he was on the ground, from when he first saw and
when first entered the view of Armijo's BWC video. We watched the
video again, at his request, and he said he would be unable to tell if there had
been a change based solely on the video, because was only
illuminated for half of a second.
PSU2020-0014 Administrative Investigation 20 of24
We then watched a portion of Officer Dexter's BWC video (1 :04 minute mark)
which captured the use of force on I asked Elser if there were any
differences in what Elser saw at the time and what Dexter's BWC video captured
as it related to body positioning. Elser was not able to indicate, with
any certainty, if there was any change in body positioning. From what he could
recall, hands appeared to be in about the same area.
Jones asked Elser if there was anything the videos did not capture which would
have caused him to react the way he did. Elser said there was not, other than
movement when exiting the vehicle. Elser said his belief was that
when a suspect exits a vehicle after a pursuit, it is either to fight or flee. Jones
asked Elser if there were any additional furtive movements made by
when he was on the ground and Elser said there was not, other than what had
already been discussed.
I asked Elser to describe the force option he utilized when he saw on
the ground. Elser said his options were limited because he had his weapon out.
He was unsure if there were additional resources at the car with him so he was
not going to holster his weapon and place himself in a position of disadvantage.
Elser cited his concern of having a weapon on his person or his ability
to re-enter his vehicle and retrieve a weapon. Furthermore, Elser said he was
without cover or concealment which placed him at a disadvantageous position
had armed himself. Additionally, he was concerned would
flee towards an occupied residential tract and enter a house.
Elser stated he delivered a single kick to face, believing it would be
the most effective technique to effect the arrest, overcome previously
displayed resistance and prevent further attempts of escape. Elser addressed
head as being the part of his body, which was furthest away from the
vehicle. This allowed Elser a path to physically contact while still
keeping an eye on the suspect vehicle. Elser wanted the force he used to be
decisive so he would not have to utilize any additional force while arresting
Elser said he was unsure if his foot made contact with
face or head but agreed it was in the part of his body above the neck.
I asked Elser how much time had elapsed, between him determining to use the
aforementioned force option and his foot making contact with He
said, "You know, that's tough because I was pretty ... I have a lot of adrenaline
going, I don't get into pursuits a lot." To the best of Elser's recollection, the time
which had elapsed was a second to a second and a half. Elser said he knew he
had to make that decision because he knew he was in a, "Bad spot." Elser said
his main goal was to protect himself. Elser would later say he had taken extra
time (2-3 seconds) to pin the suspect vehicle in and was concerned that extra
time would have given a chance to arm himself. Elser stated
PSU2020-0014 Administrative Investigation 21 of24
remaining at his patrol car would have placed him in defensive position and he
would have been vulnerable to anyone in the covered bed of the suspect vehicle
or the driver coming around the back of the suspect vehicle.
I asked Elser what he believed was wanted for and he told me
evading. Elser had no prior knowledge of who was. I asked Elser if he
believed level of evasion, while driving, rose to the level of a felonious
pursuit and he said, "No."
I asked Elser if, while moving up to kick he ever focused on the
driver's seat of the suspect vehicle. Elser stated that was why he took the path
he did to make contact with He was able to use the force option he
chose while still having the ability to see the suspect vehicle.
I asked Elser why he did not use his, "Taser," and he said it was because he
thought he was alone and he was unaware of how many other people were
potentially in the vehicle. Additionally, Elser said, "A Taser would not protect me
from a firearm." I asked Elser if both of his hands were occupied and he said
they were and both on his firearm. I asked if it would have been safe for him to
holster his firearm and retrieve his Taser and Elser responded, "Absolutely not." I
asked Elser if he had a baton on him at the time of the incident and he said he
was in possession of his collapsible baton. I asked him if it was for the same
aforementioned reasons he did not consider that as an available option and he
said it was.
I asked Elser if he ever received additional assistance from other officers and he
said they arrived quickly after he had engaged Elser said they were
able to safely handcuff without any additional force being used by him
or anyone else. Elser was unable to tell if there had been any visible injuries on
prior to him kicking him. He cited the poor lighting conditions and the
short period of time he had actually seen prior to kicking him, as
reasons he did not notice any injuries.
I asked Elser if he had ever previously been trained on the use of personal body
weapons, including the kicking of suspects and he said he had. Elser indicated
he had been a police officer for 12 years. During that time he has had people
flee after the end of a pursuit. Based on his training and experience, when
people exit a vehicle after a pursuit and without being ordered to, it is his belief
they are going to continue to flee.
Jones asked Elser if the collision which occurred after the PIT was substantial
enough to have caused injuries to the driver and he said it was. Elser also
indicated it was severe enough to cause the airbag to deploy. Jones asked a
couple additional questions which had already been addressed earlier in this
memorandum.
PSU2020-0014 Administrative Investigation 22 of24
I asked Elser if there were any factors which would have impaired his judgement
the night of arrest, such as lack of sleep or use of medication and he
said "No sir." I asked Elser if he had experiences where the suspect of a vehicle
pursuit stopped and was compliant and he said he has. I asked if he used force
on those compliant suspects and he said he had not.
Mr. Darvish asked Elser if was already out of the vehicle when he
gave his first command and Elser said, "Yes." No further questions were asked
and Elser had nothing further to add. I read him the order not to discuss the
investigation with anyone and he indicated he understood by initialing the form.
PSU2020-0014 Administrative Investigation 23 of24
Case Summary:
Rivas initiates a pursuit and Elser joins the pursuit as the number two
vehicle.
The pursuit ends with a PIT maneuver in the area of 7104 Forest Glen Dr.
Elser and other officers present at the time force was used are
interviewed.
Elser pins in the suspect vehicle with his unit and approaches the driver
side of the suspect vehicle to avoid being vulnerable and completely
defensive.
Elser sees exit the vehicle and land on the ground.
Elser believes the suspect may be armed and also attempting to flee to an
occupied residential community.
Elser admittedly kicks once, targeting his face, to prevent
escape, overcome resistance, and arrest
No further force is used.
Rivas, Martinez, Dexter, Armijo are interviewed. Only Dexter sees the use
of force.
Dexter is asked if the force appeared reasonable and he stated he could
not have justified it, but that was from his perspective which was delayed
because he was behind Elser.
No other officers actually witnessed the kick.
was not interviewed as he had been interviewed in the hospital
by Sergeant Thomas and because he was not a complainant.
is charged in Superior Court of Orange County with Felony
evading, resisting arrest and possession of narcotics ( and is
awaiting arraignment.
PSU2020-0014 Administrative Investigation 24 of24
Huntington Beach Police Department
Create:
Nature:
03/06/2020 22:42: 15
961 -TRAFFIC STOP
Event#: P200245S7
Priority: 8
Location: GOTHARD ST/TALBERT AV
RIP Name: RIP Address:
Misc Info:
Case Number(s):
Event Remarks:
03/06/2020 22:42:23
03/06/2020 22:42:44
0310612020 22:42:4S
0310612020 22:42:54
0310612020 22:42:5S
0310612020 22:42:59
0310612020 22:43:02
03/06/2020 22:43:06
03/06/2020 22:43:30
03/06/2020 22:43:34
03/06/2020 22:43:43
0310612020 22:43:54
03/06/2020 22:43:59
03/06/2020 22:44:09
03/06/2020 22:44:13
0310612020 22:44:19
03/06/2020 22:44:21
03/06/2020 22:44:2S
03/06/2020 22:44:29
03/06/2020 22:44:29
R20002774
67N --Location change to: SB GOTHARD FRM TALBERT
67N -SO FAR FTY 5L9769
6N --GOTHARD TALBERT
* WHI TOYOTA TACOMA CAMPER SHELL
67D -BEHIND HIM #2
9D-#2
CORR#3
SS -l'M WITH HIM
67N --WANT eve .. OCCUPIED x 1 UNK WPNS .. SPEED 35 MPH ..
HB1 -COPY ENR
67D -APPRG GARFIELD SB #2 SPEEDS 35 TRAF IS LIGHT
67D -AT GARFIELD .. WB GARF .. FRM GOTHARD
67N --9
9D --COLEAR TO PIT IF WE GET A CHANCE?
SS -PIT USE IS PERMITTED
67D --APPRG GW SET UP FOR NB
••WC COPIES CALL..
67D --NB GW#3 LN
Page 1 of 6
Beat: 5 RD: 291
RIP Phone:
Loe Phone:
03/06/2020 22:44:53
03/06/2020 22:44:5S
67D -#3 LN COMING UP TO ERNEST .. PIT ATTEMPT .. UNSUCCESSFUL .. EB ERNETS FRM GW
67D --PIT AND TC INTO A FENCE
0310612020 22:45:07
03/06/2020 22:45:16
67D --Location change to: ERNEST/GW HB
67N -Location change to: ERNEST/GW HB
03/06/2020 22:45:23
03/06/2020 22:45:29
03/06/2020 22:45:31
03/06/2020 22:45:36
03/06/2020 22:45:46
03/06/2020 22:45:59
03/06/2020 22:46:02
03/06/2020 22:46:46
03/06/2020 22:46:51
03/06/2020 22:46:5B
03/06/2020 22:47:03
03/06/2020 22:47:32
03/06/2020 22:47:33
03/06/2020 22:4B:01
03/06/2020 22:4B:05
03/06/2020 22:4B:06
03/06/2020 22:4B:36
03/06/2020 22:4B:36
03/06/2020 22:49:44
03/06/2020 22:50:07
03/06/2020 22:50:14
03/06/2020 22:50:15
03/06/2020 22:50:15
03/06/2020 22:50:16
03/06/2020 22:50:1B
03/06/2020 22:50:1B
03/06/2020 22:50:1B
03/06/2020 22:50:20
03/06/2020 22:50:36
03/06/2020 22:50:3B
03/06/2020 22:51:51
03/06/2020 22:51:54
03/06/2020 22:52:02
Huntington Beach Police Department
BS -Location Changed to: ERNEST/GW HB
K3 -9B7
CORR97
K3 -Location change to: ERNEST/GW HB
1039 FIRE
BS -C4 SUSPECT IN CUSTODY, ROLL MEDICS AND CSI
211--ENR
9D-CSI
6D -Location change to: ERNEST/GW HB
211 --Location Changed to: ERNEST/GW HB
45N -Location change to: ERNEST/GW HB
PERSO»Name=[
Supplement Info Added
9D --TERMINATION POINT THRU THE FENCE ON THEE END OF AMBROSE
Supplement Info Added
7N --Location change to: ERNEST/GW HB
RECDS CKING T32F ON
CONFD T32F ON
System Unit Alarm
Alarm Timer Extended: 0
System Unit Alarm
System Unit Alarm
System Unit Alarm
Alarm Timer Extended: 0
Alarm Timer Extended: 0
Alarm Timer Extended: 0
System Unit Alarm
Alarm Timer Extended: 0
System Unit Alarm
System Unit Alarm
Alarm Timer Extended: 0
Page 2of 6
03/06/2020 22:52:02
03/06/2020 22:53:36
03/06/2020 22:53:45
03/06/2020 22:5S:21
03/06/2020 22:5S:31
03/06/2020 22:5S:36
03/06/2020 23:01:34
03/06/2020 23:01:41
03/06/2020 23:06:41
03/06/2020 23:07:1S
03/06/2020 23:07:56
03/06/2020 23:0S:OO
03/06/2020 23:0S:45
03/06/2020 23:09:03
03/06/2020 23:25:00
03/06/2020 23:27:43
03/06/2020 23:29:2S
03/06/2020 23:29:47
03/06/2020 23:32:0S
03/06/2020 23:39:53
03/06/2020 23:40:12
03/06/2020 23:4S:49
03/06/2020 23:52:11
03/06/2020 23:52:11
03/06/2020 23:57:27
03/07/2020 00:00:49
03/07/2020 00:01:22
03/07/2020 00:22:27
03/07/2020 05:20:29
03/07/2020 05:44:35
03/07/2020 06:03:49
03/07/2020 06:04:07
03/07/2020 06:09:06
Huntington Beach Police Department
Alarm Timer Extended: 0
System Unit Alarm
Alarm Timer Extended: 0
67N-DR
System Unit Alarm
Alarm Timer Extended: 0
6N -SUBJ IS GOING TO BE TRANSPORTED TO UCI IN ET 41
SN -Location change to: ERNEST/GW HB
System Unit Alarm
Alarm Timer Extended: 0
67N --Location Changed to: @UCI
67N --FLWG THE AMBULANCE TO UCI
SN --START A TOW FOR A WHI TOYOTA TACOMA
926AMANDIC
DISPO »Unid=[9D] Quantity=[1] Dispo=[R] Remarks=[SUPP]
DISPO »Unid=[67D] Quantity=[1] Dispo=[R] Remarks=[supp report]
System Unit Alarm
Alarm Timer Extended: O
SS --Location Changed to: @UCI
DISPO »Unid=[SN] Quantity=[1] Dispo=[1SO]
DISPO »Unid=[SN] Quantity=[1] Dispo=[555]
DISPO »Unid=[211] Quantity=[1] Dispo=[CSI] Remarks=[[PHOTOS, CSI SUPP]
DISPO »Unid=[6N] Quantity=[1] Dispo=[R] Remarks=[supplemental for damage wall a
nd fence at termination of pursuit..]
DISPO »Unid=[7N] Quantity=[1] Dispo=[R] Remarks=[supplemental report]
System Unit Alarm
Alarm Timer Extended: 0
67N -IS AT UCI ER BED #2
System Unit Alarm
Alarm Timer Extended: 0
67N --UCI ER bed #2, code to get in ER *7111 *
67N --Location change to: @UCI
System Unit Alarm
Page 3of 6
03/07/2020 06:17:04
03/07/2020 06:29:58
03/07/2020 07:18:38
03/07/2020 07:20:15
03/07/2020 09:02:52
03/07/2020 12:53:10
03/07/2020 12:54:01
0310712020 12:56:17
03/07/2020 13:00:13
03/07/2020 13:26:13
03/07/2020 15:42:09
03/07/2020 15:42:16
03/07/2020 15:47:09
03/07/2020 15:47:19
03/07/2020 16:15:56
03/07/2020 16:20:27
03/07/2020 16:35:34
03/07/2020 18:58:27
03/07/2020 21:09:58
03/07/2020 21:14:58
03/07/2020 21:33:50
03/07/2020 21:56:02
03/08/2020 00:38:33
03/08/2020 01:06:59
03/08/2020 01:08:53
03/08/2020 04:00:16
03/08/2020 04:09:58
03/08/2020 04:39:58
03/08/2020 04:41:10
03/08/2020 05:44:19
03/08/2020 06:04:12
Huntington Beach Police Department
Alarm Timer Extended: 0
45N -Location Changed to: @UCI
System Unit Alarm
Alarm Timer Extended: 0
45N VIA KDT --we moved from the ER to Observation bed 18
System Unit Alarm
Alarm Timer Extended: 0
Page 4of 6
45N --Location Changed to: @CITY
DISPO »Unid=[45N] Quantity=[1] Dispo=[R] Remarks=[supp 11350HS]
4C --Location change to: @UCI
890 -Location Changed to: @UCI
System Unit Alarm
Alarm Timer Extended: 0
System Unit Alarm
Alarm Timer Extended: 0
New equipment list for Unit [4C]: 02 FORD:1, 1131019:1, 718891:1, B/W:1, CROWN VIC:1, LOJACK:1,
PATROL:1, S1110:1
moved to bed 7834, which is far north building, 7th floor, 78th wing.
67N -Location change to: @UCI
System Unit Alarm
System Unit Alarm
Alarm Timer Extended: 0
6N --Location Changed to: @UCl:1017 PPR WORK
System Unit Alarm
Alarm Timer Extended: O
67N --Transport Location: @OCJ Mileage:
67N --Transport Arrive Mileage:
System Unit Alarm
Alarm Timer Extended: O
6N -Location Changed to: @OCJ
System Unit Alarm
Huntington Beach Police Department Page 5of 6
0310812020 06:33:27 6N --Location Changed to: @CITY
03/08/2020 06:33:51 67N --Location Changed to: @CITY
03/08/2020 06:45:26 DISPO »Unid=[67N] Quantity=[1] Dispo=[F]
03/08/2020 06:45:27 Supplement Info Added
03/08/2020 06:45:29 DISPO »Unid=[67N] Quantity=[1] Dispo=[O]
0310812020 06:45:30 Supplement Info Added
03/08/2020 06:45:32 DISPO »Unid=[67N] Quantity=[1] Dispo=[R]
03/08/2020 06:45:33 Supplement Info Added
Unit ID: 211 Emps: 423820 DP: 22:46:02 EN: 22:46:58 AR: 22:53:31 AV: 23:48:50
Unit ID: 2N Emps: 423004 DP: 22:52:17 EN: AR: 22:52:19 AV: 22:52:21
Unit ID: 45N Emps: 422180 DP: 06:29:50 EN: 13:00:13 AR: 07:13:38 AV: 13:26:17
Unit ID: 4C Emps: 422108 DP: 12:00:14 EN: 12:00:18 AR: 15:42:09 AV: 16:46:01
Unit ID: 67D Emps: 422143 DP: 22:42:55 EN: 22:42:56 AR: 22:45:07 AV: 23:28:48
Unit ID: 67N Emps: 423060 DP: 21:00:06 EN: 06:33:51 AR: 21:28:50 AV: 06:44:08
UnitlD: 6D Emps: 423171 DP: 22:46:38 EN: AR: 22:46:51 AV: 23:42:22
Unit ID: 6N Emps: 421179 DP: 05:44:16 EN: 06:33:27 AR: 05:59:12 AV: 06:45:40
Unit ID: 7N Emps: 422050 DP: 22:48:33 EN: AR: 22:48:36 AV: 23:57:44
Unit ID: 89D Emps: 421095 DP: 15:42:07 EN: 15:42:16 AR: 16:10:56 AV: 22:22:06
Unit ID: 8N Emps: 422046 DP: 23:01 :13 EN: AR: 23:01:41 AV: 23:41:13
Unit ID: 8S Emps: 421187 DP: 22:42:49 EN: 23:32:08 AR: 23:55:49 AV: 00:41:59
Unit ID: 9D
Unit ID: HB1
Unit ID: K3
Officer Disposition
Unit Dis po
9D R
67D R
BN 180
8N 555
211 CSI
6N R
7N R
45N R
67N F
67N 0
67N R
Huntington Beach Police Department
Emps: 421066 DP: 22:45:32 EN: AR:
Emps: 421195/422120 DP: 22:43:33 EN: 22:43:34 AR:
Emps: 421030
Quantity
1
1
1
1
1
1
1
1
1
1
1
DP: 22:45:32 EN: AR:
Remarks
SUPP
supp report
[PHOTOS, CSI SUPP
supplemental for damage wall and fence at termination of pursuit..
supplemental report
supp 11350HS
Page 6of 6
22:45:36 AV: 23:26:23
AV: 00:26:07
22:45:36 AV: 23:26:23
--------J ----
l
I l
INVESTIGATION# 'f.s vi.ow -0 0 l'"f SUBJECT: -~~ottN~_ei"'""""'l.$~f)?.-+-( ~0_,_f..__f_I CFJL~--
HUNTINGTON BEACH POLICE DEPARTMENT
Administrative Advisement
This outline conforms to the standards set forth by Ao Jo i (JJOO Government Code);
SUBJECT ···I
"The date of this interview is (\/\ Ay zg I ?o Zo ,, "The time is ~ s~ lfd) ,,
"The location is <Bt.ot-e >>1 o ~A-L fTA _N~!?~A.~ct.D_S _\)~N_\L~~o~f.6_(£ ______________ "
"This investiga tion is under the directi on and command of CA PTA I r-.l 5Cd1I" {N 1..J\t.S ,,
"Present in this room is/are (nam e/rank/comman d) f"l '!S a.P I .S<'fl...b~ G?ANp tl.. L SeebEAfl' r
~0~~5 I ~;::'1C£Y2-lSL5E)t.. f\~D f(\Q.. i \).i\('J' 1UA,/t.U\ Sti . I
,,
"This in ves ti gation concerns (exp lain allegations/general nature ):\..lSt Oe fuo.c£ 1T f\Cll C.S A cl O t1.e:ttiY 1N b ."
~~ lb ~ ~C.olo-0c'Z77'-/.
INVESTIGATOR READ:
A. "You have the right to have one rep resentat ive of your choice present during this interview :"
(if the representative is present, state "AND YOU HAVE CHOSEN rn R.. B J!1v..J P tt /2.v1S H
then proceed down t o "B" and continue.)
1. An attorney; .
2. An association ~em b eG·Or .
3. Anyone else also "not 'cdnnec ted with this investigation .
) \
B. "You have the right to make your own tape recording of this interview."
(0\'Cr)
"
) )
INVESTIGATION #:?svioio.-00141. EMPLOYEE: Off-1ce2. ~1vAs
HUNTINGTON BEACH POLICE DEPARTMENT
Administrative Advisement
"The date of this interview is 1/1?1/!L J, ~o ~
"The location is ?su off 1 C~
WITNESS .
"The time is (.p',\~ .p..,.,..
"This investigation is under the direction and command of Qt:}pT fl I~ S'(>o71 µ ll'J Je.J'
"Present in this room is/are (namelrank/aommand) tn y me Skr f#:;Nt>[tl !},.JL) <'~ Klv''/J .
You are about to be questioned as part of an official Huntington Beach Police Department admin istrative investigation.
You are he reby advised that, because you are a witness, provisions of the Government Code, generally referred to as
the Public Safety Officers Procedural Bill of Rights , do not apply in this instance. Y ou are reminded manual section
1020 requires that you make truthful and complete slatements. Any refusal to do so may result in discharge or other
punitive action. ·
A representative is not allowed in this interview. You are being interviewed as a witness. You are not under
· investigation and you have not been charged with any violations. If during the interview it becomes apparent you may
be su bject to discipline, the interview will stop. You wi ll be to ld that your status has changed to tha t of a subject and
at that time, you will be entitled to a representative of your choice.
In the event you decline to answer questions, you shall be-advised of your admini strativ e rights as though you are a
subject.
The above ad~~" ~nd I understand its contents.
EMPLOYEE: • \.,~ WITNESS: ~ \(l'(
NOW BEGIN YOUR INTERVIEW
At the CONCLUSION of the interview, give this admonishment:
I am ordering you not to commun icate with anyone regarding this investigation other than me or any person
with whom you have a confidential communication privilege under California statutory and case law; fo r
example, without limitation, attorney-client, physician/psychologist-patient, clergy-pe nitent. Failure to follow
this order may be deemed insubordination and result in administrativ · u p to and. including
termination of your employmen ... !:l~the City of Huntington B D MefStand?"
~/NO Employee Initial--=--~-
• '-£, 'f..r
\o '
) ' INVESTIGATION#: rirJ~ -ool'( EMPLOYEE: Oft?t,@1.. .19/e!n /J{)
HUNT I NGTON BEACH POLICE DEPARTMENT
Administrative Advisement
WITNESS .
"The date of this interview is l)rfl.tf .. ~ hb "The time is ~: > ) ,4"""
"The location is __ _,(f't--'-ri .... 1/_~off-~~'~uf'-=--" -----------------------
"This investigation is under the ·direction and command of {]4 rr?JrN S(ot-r t.J / Nk.S
"Present in this room is /are (name/rank/command) &yrez;: f 61" h ,;:>fjA., f>r' o (¥c1t./JJflrl/.JJ
You are about to be questioned as part of an official Huntington Beach Police Department admin istrative investigation .
You are hereby advised that, because you are a witness, provisions of the Government Code, generally refe rred to as
the Public Safety Officers Procedural Bill of Rights, do not apply in this instance. You are reminded manual section
1020 requires that you make truthful and complete statements. Any refusa l to do so may result in discharge or other
punitive action . ·
A representative is not allowed in this interview. You are being interviewed as a witness. You are not under
· investigation and you have not been charged with any violations. If during the interv iew it becomes apparent you may
be subject to discipline, the interview will stop . You will be told that your status has changed to that of a subject and
at that time, you will be entitled to a representative of your choice.
In the event you decline to answer questions, you shall be-advised of your admin istrative rights as though you are a
subject.
The above admonition has been explained to me and· I understand its contents.
EMPLOYEE :~ -b /f ?1 WITNESS:_-+-~----\_tu_~------
NOW BEGIN YOUR INTERVIEW
At the CONCLUSION of the interview, give this admonishment:
I am ordering you not to communicate with anyone regarding this investigat ion other than me or any pe rson
with whom you have a confidential communication privilege under Cal ifornia st atutory and case law; for
example, without limitation , attorney-client, physician/psychologist-patient, clergy-penitent. Failure to follow
this order may be deemed insubordination and result in administrative discipline up to and. including
termination of your employme~_t_he City of Huntington Beach;/~o you understand?" ~O Employee Initial 1vn ~ .~\ t-""'
:> )
INVEST/GA TION #: \ S V ~ 1o -oo 11../
)
EMPLOYEE: SGT~vv. J
HUNTINGTON BEACH POLICE DEPARTMENT
Administrative Advisement
WITNESS .
"The date of this interview is _A~P_l\~l_l __ >~1_o~l ~--
'
"The time is -~(.o_,_,)\) __ ~-------
"The location is ---~e ...... :s:;_v __ _.,~i)f:._Y1...___,;C...,£.._ ____________________ _
"This investigation is under the direction and command of l}AfrA 1.-J S'C~T[ (,)1 ,.;lt_s
"Present in this room is/a re (namelrankkommand) 'fv'V ~E Skr ~..c'QtlL A) I) S&'\' ~
You are about to be questioned as part of an official Huntington Beach Police Department administrative investigation.
You are hereby advised that, because you are a witness, provisions of the Government Code, generally referred to as
the Public Safety Officers Procedural Bill of Rights , do not apply in this instance. You are rem in ded manual section
1020 req uires th at you make truthful and complete statements. Any refusal to do so may result in discharge or other
punitive action. ·
A represen tative is not allowed in this in terview. You are being interviewed as a w itness . You are not under
· investigation and you have not been charged with any violations. If during the interview it becomes apparent you may
be subject to discipline, the interview will stop. You will be told that your status has changed to that of a subject and
at that time, you will be entitled to a representative of you r choice.
In the event you decline to answer questions, you sha ll be-adv ised of your adm inistrative rights as though you are a
subject.
xplained to me and I understand its c°'!1
EMPLOYEE:--=----'-~-------WITNESS :l:J2,.__-.ll!:oo-'--(Z,. __ ~-------
NOW BEGIN YOUR INTERVIEW
At the CONCLUSION of the interview, give this admonishment:
I am ordering you not to communicate with anyone regarding this investigation other than me or any person
with whom you have a confidential communication privilege under California statutory and case law; for
example, without limitation, attorney-client, physician/psychologist-patient, clergy-penitent. Failure to follow
this order may be deemed insub~ination and result in administrative discipline up to and including
termination of your employme!J!.-witli the City of Huntington Beach. Do you understand?"
~ 7NO Employee Initial t===:::; \ ,,,~ ~r
) )
INVESTIGATION#: /J{/.<. oto-001'( EMPLOYEE: ()~/IC17? _a)~ 7tfYZ.
HUNTINGTON BEACH POLICE DEPARTMENT
Administrative Advisement
WITNESS .
"The date of this interview is IJt'/{ It l, .202 o "The time is ___ I _: ~-'~fl'f) ____ _
"The location is -~~_-_cJ __ ~_,_,_a_~ -------------------------
"This investigation is under the ·direction and command of CA/A#I IN Sto~ t-JI /l/k.J
"Present in thi s room -is/a re (name/rankleommand)/J7'(>ff"'Z.F ..SGr ~OUG S'61 ..h"'<T .J
/
You are about to be questioned as part of an official Huntington Beach Police Departm ent administrative investigation.
You are hereby advised that, because you are a witness, provisions of the Government Code, generally referred to as
the Public Safety Officers Pro cedural Bill of Rights, do not apply in this in sta nce. You are reminded manual section
1020 requires that you make truthful and complete slatements. Any refusal to do so may result in discharge or other
punitive action. ·
A representative is not allowed in this interview. You are being in terv iewed as a witness. You are not under
· in vestigation and you have not been charged with any violations. If during the interview it becomes apparent you may
be subject to discipline, the interview will stop. You will be told that your status has changed to that of a subject and
at that time , you will be entitled to a representative of your choice .
In the event you decline to answer questions, yo u shall be-advised of your administrative rights as though you are a
subject.
The above admonition has been . explained to me and I understand its contents.
' EMPLOYEE:_~-------=---
NOW BEGIN YOUR INTERVIE
At the CONCLUSION of the interview, give this admonishment:
I am ordering you not to communicate with anyone regard i ng this investigation other than me or any person
with whom you have a confidential communication privilege under California statutory and case Jaw; for
example, without limitation, attorney-client, physician/psychologist-patient, clergy-penitent. Failure to foUow
this order may be deemed insubordination and result in administrative discipline up to and. including
termination of your employmentw!!Q_.the City of Huntington Beach. Do you understand?"
dES!NO Employee lnitiai--.vz::::7 l~S-fr~
) )
INVESTIGATION #:l'iv2()2'J -OOIV EMPLOYEE: t'Mce?Z ~. AML.r1N~Z.
HUNTINGTON BEACH POLICE DEPARTMENT
Administrative Advisement
"The date of this interview is ~ .2P. 2oc?o ,
"The location is fttJ ~
WITNESS .
"The time is __ <D_;_'l_•_A_""' _____ _
"This investigation is under the ·direction and command of CAPl: ~TT W11o1Jt..ri •
"Present in this room is/are (name/rank/command) Ill~ stiJr /e4rJ.()tt-l A"""
() ~C6ll. /'vtA tl:rtAJC 2. "
You are about to be questioned as part of an official Huntington Beach Police Department administrative investigation.
You are hereby advised that, because you are a witness, provisions of the Government Code, generally referred to as
the Public Safety Officers Procedural Bill of Rights, do not apply in this instance. You are reminded manual section
1020 requires that you make truthful and complete slatements. Any refusal to do so may result in discharge or other
punitive action. ·
A representative is not allowed in this interview. You are being interviewed as a witness. You are not under
· investigation and you have not been charged with any violations. If during the interview it becomes apparent you may
be subject to discipline, the interview will stop. You will be told that your status has changed to that of a subject and
at that time, you will be entitled to a representative of your choice.
In the event you decline to answer questions, you shall be-advised of your administrative rights as though you are a
subject.
At the CONCLUSION of the interview, give this admonishment:
I am ordering you not to communicate with anyone regarding this investigation other than me or any person
with whom you have a confidential communication privilege under California statutory and case Jaw; for
example, without limitation, attorney-client, physician/psychologist-patient, clergy-penitent. Failure to foUow
this order may be deemed insubordination and result in administrative discipline up to and. including
termination of your employmen~_he City of Huntington Beach. Do you understand?"
(!5.SINO Employee lnitia~ -?o ro
Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
03/06/2020 22:42 03/06/2020 22:42
Date/Time Discovered
03/06/2020 22:42 (423060) RIVAS, VINCENT
7104 FOREST GLEN DR, HUNTINGTON BEACH, CA 92648
Incident Information
Date/Time Reported Date/Time Occurred Officer
(422113) GARCIA, OSCAR
Supervising OfficerIncident Location
CLEARED BY ARRESTCLOSED/CLEARED
Case Status Disposition
Location Comments
5 411
Beat Reporting District
YES
BWC / Digital Evidence
Charges
1 Description Statute UCR
POSSESS NARCOTIC CONTROLLED SUBSTANCE 11350 (A) HS 35A
Att
Com
Charge Type
Alcohol, Drugs or Computers Used
AlcoholDrugsComputers
Location Type
HIGHWAY/ROAD/ALLEY
Premises Entered Forced Entry
YesNo
Entry Exit Criminal Activity
Weapons
1.
2.
3.
State
Bias Motivation Bias Target Bias Circumstances Hate Group
2 Description Statute UCR
OUTSIDE WARRANT FELONY O/W - F 999
Att
Com
Charge Type
Alcohol, Drugs or Computers Used
AlcoholDrugsComputers
Location Type
HIGHWAY/ROAD/ALLEY
Premises Entered Forced Entry
YesNo
Entry Exit Criminal Activity
Weapons
1.
2.
3.
Bias Motivation Bias Target Bias Circumstances Hate Group
3 Description Statute UCR
DISREGARD SAFETY:EVADE POLICE 2800.2 (A) VC 999
Att
Com
Charge Type
Alcohol, Drugs or Computers Used
AlcoholDrugsComputers
Location Type
HIGHWAY/ROAD/ALLEY
Premises Entered Forced Entry
YesNo
Entry Exit Criminal Activity
Weapons
1.
2.
3.
State
Bias Motivation Bias Target Bias Circumstances Hate Group
Page 1 of 21Printed by: (422635) at 4/17/2024 14:17
Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
Notes/Narratives
On 03-06-20, at approximately 2242 hours, I was working in full uniform, driving a marked, black, and white
patrol vehicle in the City of Huntington Beach. I was driving southbound on Gothard St. from Talbert Ave.
when I saw a white Toyota Tacoma with a camper shell directly in front of me (later confirmed to be driven by
this vehicle`s rear license plate had no reflective coating, and I was unable to make out what the
license plate was.
I activated my overhead lights on my patrol vehicle with a front-facing solid red to initiate a traffic stop. The
vehicle continued southbound on Gothard St. and would not pull over. I activated my Code 3 lights
(emergency lights and sirens) to alert to pull over. However, he ignored my lights and continued
driving at approximately 35 miles per hour. I used my patrol vehicle`s PA system and instructed the driver to
pull over, but he continued to drive southbound on Gothard St.
I advised HBPD Dispatch that I had a failure to yield and advised the want for the vehicle was a vehicle code
violation. Assisting Officer ELSER, Badge No. 2143, arrived and took Position No. 2 in the now pursuit and
assumed the primary radio traffic. Officer DEXTER, Badge No. 1066, was No. 3, and Sergeant THOMAS,
Badge No.1187, was No. 4 in the pursuit.
Refer to the above officers` supplemental reports for further details.
I was able to get closer to the rear license plate and saw California License Plate No. (1997 Toyota
Tacoma registered to
turned westbound on Garfield Ave. and continued toward Goldenwest St. turned
northbound on Goldenwest St. and continued toward Ernest Dr. at an approximate speed of 30 to 35 miles per
hour. Officer DEXTER requested permission for a Pursuit Intervention Technique (PIT) and was approved by
Sergeant THOMAS over the radio.
I attempted to PIT vehicle as we continued eastbound on Ernest Dr.; however, it was
unsuccessful. As continued onto Ernest Dr. I placed my patrol vehicle on the rear driver`s side
fender of McCOMB`S vehicle and applied a successful PIT. vehicle went northbound through a
large metal gate and came to rest on the west wall of 7104 Forest Dr.
Officer GAMACHE assumed the traffic collision report, along with the CHP-180 pursuant to CVC
22651(h)(1). Refer to his report for further details.
After the PIT was completed, I parked my patrol vehicle on the north curb line of Ernest Dr. and exited my
patrol vehicle. I ran toward the vehicle where assisting officers, Officer ARMIJO, Officer ELSER, and
Officer DEXTER, already had on the ground in the prone position. I put my left knee onto
right lower back and told him to stop resisting. was clenching his right arm against
Page 2 of 21Printed by: (422635) at 4/17/2024 14:17
Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
Notes/Narratives
his chest to prevent officers from securing his hands in handcuffs.
I told again to stop resisting and relax so we can apply the handcuffs. I assisted Officer ARMIJO
by grabbing right wrist and position it to his lower back and ultimately secured in handcuffs. I
asked why he ran, and he stated he was scared.
During the above incident, my body-worn camera was knocked off its magnetic clip and fell to the ground. I
picked up my body-worn camera and put it in my back pocket to prevent losing it.
I searched for any weapons, and my search was met with negative results. Upon a record check
for any wants and warrants, it was determined that had an outstanding felony warrant for his
arrest, and he was on active probation.
HBFD arrived and medically treated for any injuries and ultimately transported him to UCI for
further medical evaluation. I followed HBFD to UCI and stayed with as he was medically treated
at UCI. medical report number was 1, and Dr. was treating him.
CSI Officer HANSON, Badge No. 3820, took digital photographs of officers involved, and
McCOMB`S vehicle. Refer to her report for further details. I took digital photographs of my patrol vehicle
and later uploaded them into evidence.com.
Sergeant THOMAS was advised of the above incident.
Once at UCI, I read his Miranda rights admonishment from my HBPD application, and he stated
he wanted a lawyer, and I concluded my interview with him.
As McCOMB`S vehicle was being towed, Officer MARTINEZ located approximately 13.2 grams of
suspected heroin inside of vehicle. Refer to his supplemental report for further details.
While at the hospital, stated he had complained of pain to his nose, left ankle, and lower back.
left eye was swollen, and he had redness on his left cheek. While at UCI and at the time of this
report, it was suspected had sustained a broken nose, broken sternum, and possibly broken ribs.
My BWC was on during the above incident and was ultimately uploaded to evidence.com for proper retention
and later review.
Officer HIGGS badge No. 2180, took custody of as he was treated at UCI. While at UCI, Officer
HIGGS located 12.2 gross grams of suspected Heroin in possession. Refer to his report for
Page 3 of 21Printed by: (422635) at 4/17/2024 14:17
Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
Notes/Narratives
further details.
was ultimately released from UCI and booked for the above charges.
Page 4 of 21Printed by: (422635) at 4/17/2024 14:17
Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
03/07/2020 03:48:51 ADDITIONAL STATEMENT (421179) ARMIJO, KONNOR
Supplement Information
Supplement Date Supplement Type Supplement Officer
(422113) GARCIA, OSCAR
Supervising OfficerContact Name
Supplement Report
**Supplemental Report by K. Armijo 1179***
On 3-6-20, at 2242 hours, I was working uniformed patrol for the City of Huntington Beach Police
Department (HBPD). I was on routine patrol in a marked black and white patrol unit equipped with a light bar
and police decals on either side of the vehicle (UNIT 812). Officer RIVAS advised over the police radio he
initiated a traffic stop on CA . The vehicle failed to yield for his emergency light and sirens and a
pursuit was initiated. I activated my department issued Body Worn Camera (BWC) prior to arriving on scene.
The footage was later uploaded to Evidence.com.
The vehicle came to termination at Ernest Dr. East of Goldenwest St. See Officer RIVAS` main crime report
for further details. Officer ELSER advised over the police radio the vehicle had been successful disabled by
means of a PIT (Pursuit Intervention Technique) Maneuver. Subsequently following the PIT Maneuver the
vehicle collided with a gate and brick wall. I arrived on scene and observed the suspect who was later
identified as on the ground, near the driver side door of his vehicle. was on
his stomach with both arms tucked underneath his body. I heard Officer DEXTER advised he had control of
legs and Officer RIVAS command to "put your hands behind your back and stop
resisting." Officer ELSER had control of left arm while I attempted to gain control of
right arm. As I grabbed right arm from under his body I could feel his arm tense
up and attempt to pull away from my control.
Officer RIVAS told several times to, "Stop resisting" and "You`re flexing up, relax so we can get
the handcuffs on you." I ultimately gained control of his right arm and maneuvered it behind his back. I
applied handcuffs to both wrists located to the rear. Due to the fluidity of the situation I was unable to double
lock and check for proper fitting on his wrists. I applied a Rip Hobble to ankles to prevent any
further movement of his lower half. Once the Rip Hobble was applied, I took control over of
lower half from Officer DEXTER.
At the termination location of the pursuit, the vehicle struck a black gate and a brick wall. The brick wall was
located on the west side of 7104 Forest Glen Dr. causing major damage. The black gate was located north of
the north curb of Ernest Dr. at the south dead end of Ambrose Ln. Both the black gate and brick wall was the
responsibility of Elite Property Services which is the Home Owners Association for the community. I
Page 5 of 21Printed by: (422635) at 4/17/2024 14:17
Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
contacted a responsible via cellphone for the Home Owners Association, and made him aware
of the damage within the community as a result of a police incident. was provided the related report
number via cellphone and said he would make the proper notifications to have someone respond to assess the
damage.
Officer MARTINEZ and I located security cameras from a business located at 7012 Ernest Dr. which captured
the end of the pursuit. We contacted the resident manager, who provided us access to the
security system. The security cameras captured the moments leading up to the termination of the pursuit and
actual PIT of the vehicle. Using my department issued phone, I recorded the footage and later uploaded them
to Evidence.com. See Officer MARTINEZ supplemental report for further details.
I conducted no further investigation.
Page 6 of 21Printed by: (422635) at 4/17/2024 14:17
Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
03/07/2020 16:05:17 EVIDENCE (422850) DE LEON, ROSY
Supplement Information
Supplement Date Supplement Type Supplement Officer
(422113) GARCIA, OSCAR
Supervising OfficerContact Name
Supplement Report
On 03/07/2020 at approximately 1548 hours, I was responded to the area of Goldenwest St and Ernest Dr
reference found property. The notes of the call stated there was some clothing items left in front of a gate
where a vehicle pursuit had ended the night prior.
I observed a black and red jacket and black tee shirt that was cut, a box of cigarettes and a grey baseball hat. I
booked the items as evidence in case they were related to this case.
I conducted no further investigation.
Page 7 of 21Printed by: (422635) at 4/17/2024 14:17
Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
03/07/2020 14:26:45 ADDITIONAL STATEMENT (421066) DEXTER, MICHAEL
Supplement Information
Supplement Date Supplement Type Supplement Officer
(422113) GARCIA, OSCAR
Supervising OfficerContact Name
Supplement Report
On 3-7-20 at approximately 2240 hours, I was working uniformed patrol driving a marked black and white
patrol car (Unit 836). Prior to my shift this day, I checked my patrol car and ensured all emergency lights and
siren were in proper working in order.
I was sitting in the area of Gothard and Prodan, when I heard Officer Rivas advise over the radio he was
making a traffic stop on a vehicle in the area of southbound Gothard from Talbert.
I observed Officer Rivas following the vehicle southbound on Gothard from Prodan with his overhead solid
and rotating red and blue lights. It appeared the vehicle was not yielding for him so I attempted to catch up
with Officer Rivas to assist.
Officer Rivas advised over the radio the vehicle was not yielding. As I drove southbound on Gothard from
Prodan, Officer Elser got behind Officer Rivas and declared himself as the #2 unit in the pursuit. I got behind
Officers Elser and Rivas southbound on Gothard at Ellis and advised over the radio I was the third unit in the
pursuit.
The vehicle continued southbound on Gothard in the #2 lane ranging in speeds from 25-35 MPH with no
traffic in the area. Due to the fact, I was driving a Ford Crown Victoria police car, and Officers Elser and
Rivas were in the larger Ford Explorer SUV police car, I had difficulty seeing the fleeing vehicle around them.
The pursuit continued southbound on Gothard to Garfield. The vehicle went westbound on Garfield from
Gothard towards Goldenwest. At the time of this incident, HBPD Officers were investigating a fatal traffic
collision in the area of PCH and Seapoint. Knowing that if the pursuit continued westbound on Garfield to
Seapoint it would end up in the direction of those officers. Because of this, I requested permission for us to
complete a pursuit intervention technique (PIT) over the radio and it was granted by Sgt. Thomas.
The pursuit continued westbound on Garfield towards Garfield, still maintaining minimal speeds between
25-35 MPH with no traffic. The vehicle went eastbound on Ernest, and Officer Rivas attempted an
unsuccessful PIT maneuver during the turn at speeds of approximately 20-25 MPH. Officer Rivas attempted a
second PIT maneuver, at speeds again of 20-30 MPH, just east of Goldenwest that was successful causing the
vehicle to spin. The vehicle spun in a northbound direction across Ernest, through an iron fence and
ultimately striking the west side wall of 7104 Forest Glen. The vehicle became immobile facing sideways in
Page 8 of 21Printed by: (422635) at 4/17/2024 14:17
Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
an eastbound direction. Officer Elser used his patrol car to block the vehicle in.
Due to the positioning of the vehicle I only had a side profile view of the passenger side of the vehicle.
Officer Elser exited his patrol car, and walked around the rear of the vehicle towards the driver side. He was
by himself so I came to him to assist.
I could hear Officer Elser tell the driver, later identified as "out of the car" several times while
pointing his gun towards him. As I came around the back of car, I could see he was laying on
the ground and screaming. Officer Elser approached and kicked him in the face. Several
Officers, including myself, got on top of I was on his lower body, and immediately wrapped up
legs in a figure four restraint.
was handcuffed by other Officers and someone applied a hobble to his legs, while I maintained
the figure four restraint. Once was controlled, I had no further contact with him.
For further details, refer to Officer Rivas` crime/arrest report.
During the pursuit, I activated my BWC and captured a portion of the pursuit and the arrest of
That video was uploaded to evidence.com.
Page 9 of 21Printed by: (422635) at 4/17/2024 14:17
Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
03/09/2020 20:32:04 SIU LAB REPORT (420859) DOTI, GINA
Supplement Information
Supplement Date Supplement Type Supplement Officer
(421216) PAPPAS, TED
Supervising OfficerContact Name
Supplement Report
LAB RESULTS REPORT
RECEIVED:
Lift Cards: No
CF Cards: Yes - 1 Video and 1 Photo Card - EASTON, HANSON - card # EH12
Latents Processed: No
LATENTS PROCESSED:
Not Workable: No
Workable/Non CAL ID: No
Workable/CAL ID: No
Palm Prints: Included / Only: No
Victim(s) Eliminated: No
All Latents Belong to Victim(s): No
NOTES:
Page 10 of 21Printed by: (422635) at 4/17/2024 14:17
Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
03/12/2020 15:25:57 SIU LAB REPORT (420859) DOTI, GINA
Supplement Information
Supplement Date Supplement Type Supplement Officer
(421216) PAPPAS, TED
Supervising OfficerContact Name
Supplement Report
LAB RESULTS REPORT
RECEIVED:
Lift Cards: No
CF Cards: Yes - 1 Video/USB - TUNSTALL
Latents Processed: No
LATENTS PROCESSED:
Not Workable: No
Workable/Non CAL ID: No
Workable/CAL ID: No
Palm Prints: Included / Only: No
Victim(s) Eliminated: No
All Latents Belong to Victim(s): No
NOTES:
Page 11 of 21Printed by: (422635) at 4/17/2024 14:17
Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
03/08/2020 11:27:30 CSI REPORT (422228) EASTON, SEAN
Supplement Information
Supplement Date Supplement Type Supplement Officer
(421187) THOMAS, MICHAEL
Supervising OfficerContact Name
Supplement Report
On 03-08-2020, I was requested by Sergeant QUIDORT #2097 to respond to 7012 Ernest Drive (Ayres Self
Storage) to conduct follow up reference security camera footage which captured the termination of the pursuit
reference this DR.
I arrived at the location and contacted a Ayres employee who verbally identified himself to me as
I requested access to the security footage from the incident on 03-06-2020 and
allowed me access. I observed that the only camera facing Ernest Drive where the pursuit occurred was
camera angle one. Camera angle one is positioned on the roof line of the manager`s office and faces in a North
direction past the front security gate.
I observed from camera angle one at approximately 2244 hours and 49 seconds, a light colored truck with a
camper shell drive eastbound on Ernest with a Police patrol vehicle attached to its driver side rear quarter
panel. It appeared a PIT maneuever (Pursuit Intervention Technique) was in effect. The two vehicles
continued eastbound out of view of the camera. I then observed several more Police patrol vehicles drive
eastbound on Ernest behind the truck and first Police patrol vehicle.
It should be noted that each vehicle is only in view of the camera for approximately one second as the
camera`s perspective is narrow.
I observed no further. I recorded a copy of the footage onto a USB flashdrive, which I retained.
I later booked the USB flashdrive into the CSI locker as evidence.
I conducted no further investigation.
Page 12 of 21Printed by: (422635) at 4/17/2024 14:17
Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
03/07/2020 13:37:14 OTHER INFORMATION (422143) ELSER, JOHN
Supplement Information
Supplement Date Supplement Type Supplement Officer
(422113) GARCIA, OSCAR
Supervising OfficerContact Name
Supplement Report
On 3/6/20, at approximately 2242 hours, I was working uniform patrol for the City of Huntington Beach in a
marked black and white police vehicle (Unit 824). I was wearing a full police uniform which includes; badge,
name plate, shoulder patches, and gun belt. I was in the area of Gothard Street and Talbert Avenue when I
overheard police radio traffic from Officer Rivas # 3060.
Officer Rivas was transmitting, via police radio, that he was attempting to conduct a traffic stop of a white
Toyota Tacoma with a camper shell. Officer Rivas further advised the vehicle was failing to yield, and was
continuing south on Gothard Street, approaching Ellis Avenue. I was in the driveway of 18311 Gothard Street
and saw the white suspect vehicle being followed by a marked black and white police vehicle driven by
Officer Rivas. I saw that Officer Rivas had activated his emergency lights and siren.
Once Officer Rivas passed me I exiting the driveway and followed behind Officer Rivas. I activated my
emergency lights and siren. I broadcasted the vehicles speed, road conditions, and direction of travel. I
followed Officer Rivas as the vehicle proceeded south on Gothard Street, then west bound on Garfield
Avenue, then north bound on Goldenwest Street. The suspect vehicle then made a right hand turn (east bound)
onto Ernest Drive. I saw Officer Rivas attempt a PIT (Pursuit Intervention Technique) on the suspect vehicle
as it turned from north bound Goldenwest to east bound Ernest. This PIT was unsuccessful and the vehicle
continued to drive, east on Ernest Drive.
I saw Officer Rivas attempt another PIT maneuver a few seconds later. This PIT maneuver was successful and
the suspect vehicle slid into a wrought iron fence near the south-west end of 7104 Forest Glen Drive.
The wrought iron gate was partially on top of the hood of the suspect vehicle. The suspect vehicles front end
had impacted the east wall of the property at 7104 Forest Glen Drive. It appeared to me the suspect vehicle
could not drive forward due to the property wall at 7104 Forest Glen Drive. I concluded the only way for the
vehicle to continue to operate would be to reverse and back out onto Ernest Drive. As the area in which the
suspect vehicle came to rest was a residential area, I wanted to ensure the vehicle would not be able to move.
As I had previously determined the only way for the vehicle to proceed was to reverse and back out onto
Ernest Avenue, I drove my patrol vehicle up to the right rear quarter panel of the suspect vehicle. I approached
the right rear quarter panel of the suspect vehicle slowly and drove my patrol vehicles "push bars" into the
right rear quarter panel of the suspect vehicle, effectively limiting the vehicles ability to reverse out of the
position it was in.
Page 13 of 21Printed by: (422635) at 4/17/2024 14:17
Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
I exited my patrol vehicle and ran over to the rear of the suspect vehicle. I noticed the driver side door open
and a male subject, later identified as arrestee exit the vehicle. appeared to
jump, or thrust himself out of the driver side of the vehicle. seemed to lose his balance and I
noticed him fall onto his knees, with his hands on the ground in front of him. I yelled at him to "Get down, get
down".
At this point I did not see any other officers around me and did not hear any other officers in the area. Due to
the limited visibility from various factors such as, darkness, debris, smoke from the traffic collision,
particulates from the airbag deployment, and lighting from my patrol vehicles emergency lighting, I was
unsure if was holding a weapon, or was alone in the vehicle. Furthermore, based upon my
training and experience in the field of criminal activity, I know that suspects who flee from officers in vehicles
often times are armed with weapons such as guns or knives, and that suspects often continue to resist officer`s
attempts at apprehension by continuing to flee or to fight even after their vehicle has been disabled.
After giving two clear commands to "Get down, Get down", it appeared to me he was trying to
stand up from his kneeling position and was not listening to my clear and direct commands. In an effort to
prevent from standing up, and to prevent him from continuing to flee, or possibly re-enter his
vehicle to retrieve a weapon, I delivered one kick, using my right foot, to the left side of face.
This single kick was an effective tactic and immediately fell down onto his stomach.
Additionally, I felt this tactic was immediately necessary to apprehend as I could not see if there
were any other occupants inside the vehicle and I did not have any cover or concealment between myself,
or the vehicle. It was at this point I noticed multiple other officers converge on and
me. With the assistance of other officers, we were able to secure handcuffs behind back.
After was successfully detained I moved my patrol vehicle from the right rear quarter panel of
truck. I noticed two grey scuff or scratch marks on my patrol units push bar.
I was not injured during the incident.
For further details refer to Officer Rivas` main crime report under this DR.
End of report.
Page 14 of 21Printed by: (422635) at 4/17/2024 14:17
Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
03/07/2020 22:37:01 CSI REPORT (423820) HANSON, ELIZABETH
Supplement Information
Supplement Date Supplement Type Supplement Officer
(422113) GARCIA, OSCAR
Supervising OfficerContact Name
Supplement Report
LOCATION: north side of Ernest between Gothard and GoldenWest; HB
SD CARD NUMBER: SD card # EH 12 was turned into the CSI locker in Property.
Digital images were recorded showing overall appearance, condition, and location of the following; the scene
where the vehicles came to rest; exterior images of the involved vehicles including the suspect vehicle ( CA
plate ) and HBPD unit (CA plate Additional images were taken of the suspect and
involved officers.
SCENE DESCRIPTION: The scene consisted of the final resting place from a vehicle pursuit.
SUSPECT:
had the following visible injuries: abrasion to the upper left eyebrow, swelling to the left eye, abrasion
to the left pinky finger. was unable to advise me of his injuries.
OFFICER #1/PIN: V. RIVAS #3060
INJURIES/COMPLAINT OF PAIN: NONE
OFFICER #2/PIN: J. ELSER # 2143
INJURIES/COMPLAINT OF PAIN: NONE
OFFICER #3/PIN: M. DEXTER # 1066
INJURIES/COMPLAINT OF PAIN: NONE
EVIDENCE COLLECTED: NONE
No further investigation conducted.
Page 15 of 21Printed by: (422635) at 4/17/2024 14:17
Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
03/07/2020 14:44:56 ADDITIONAL STATEMENT (422180) HIGGS, L. THOMAS
Supplement Information
Supplement Date Supplement Type Supplement Officer
(422113) GARCIA, OSCAR
Supervising OfficerContact Name
Supplement Report
On Saturday (03/07/20) at approximately 0630 hours, I responded to the UCI Medical Center Emergency
Room, located at 101 The City Dr in the City of Orange, reference an in-custody subject that needs a medical
clearance for booking.
The in-custody subject is and he was involved in a pursuit on 03/06/20 at approximately
2240 hours. For further details, refer to Officer Rivas` main crime report.
After several hours in the emergency room, was transferred to Observation room 18. At
approximately 1120 hours, medical staff entered the room to conduct a full-body skin assessment of
When the medical staff rolled him onto his right side, I observed a large black spot on the white
sheets near buttocks. The nurse picked up the object and handed it to me.
I inspected the item, and it was a clear baggie tied off at the top. Inside the baggie contained a dark tar-like
substance inside it. The baggie had a strong vinegar-like odor emanating from it. Based on my training and
experience as a peace officer in the field of narcotics, I recognized the substance to be heroin.
I asked if he had any more heroin inside his rectum, and he told me he did not. He told me what I
was holding was all he had, and did not realize it was there.
I later weighed (12.2gg) and booked the suspected heroin into HBPD Evidence.
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Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
03/07/2020 03:35:40 ADDITIONAL STATEMENT (422050) MARTINEZ, MITCHELL
Supplement Information
Supplement Date Supplement Type Supplement Officer
(422113) GARCIA, OSCAR
Supervising OfficerContact Name
Supplement Report
On 03-06-20 at approximately 2242 hours, I Officer Martinez was working uniformed patrol and driving a
marked City of Huntington Beach Patrol vehicle. I responded to the termination point of a failure to yield
which was located at 7105 Forest Glen Dr. During the failure to yield, Officer Rivas #3060 utilized a PIT
(pursuit intervention technique) maneuver on the fleeing vehicle on Ernest DR. This caused the fleeing
vehicle to collide with the west cinder block wall to the residence located at 7105 Forest Glen Dr. The
collision caused moderate damage to the cinder block wall. Refer to Officer Rivas`s report for additional
information.
I contacted the homeowner of 7105 Forest Glen Dr. who was identified as
He confirmed no one inside of the residence or in the backyard were injured from the collision.
told me he did not witness any portion of the incident. He only heard sirens and a loud impact from the
vehicle hitting the wall. said he does not have security cameras attached on his home. I
provided him with the case number.
I canvassed the area for security cameras. I located one security camera attached on the north west wall of the
Ayres Self Storage located at 7012 Ernest Dr. I contacted the resident manager who was identified as
told me the security camera is operational and another camera located near
the west gate also points towards Ernest DR. agreed to show me and Officer Armijo #1179 the
security camera footage and the following is what I observed:
The security camera was located on the north wall of the building. It faced in a north west direction and
captured a portion of Ernest DR. At 2244:48 hours, the suspect vehicle which was a white pickup truck was
seen driving east on Ernest. The suspect vehicle is immediately followed by a marked HBPD patrol unit with
its emergency lighting activated. The patrol unit utilizes a PIT maneuver by making contact with the rear
driver side bumper area of the suspect vehicle with the patrol units front passenger side push bumper. The
suspect vehicle then veers in a north direction while additional marked HBPD patrol units with emergency
lighting activated follow it and out of camera view. It should be noted the security camera footage was
partially obstructed by spider webs that were attached on the outside of the camera.
The second security camera was located inside of the west gate and faced north. It captured a small portion of
Ernest Dr. At 2244:48 hours, the suspect`s white pickup truck is seen driving east on Ernest and immediately
followed by a marked HBPD patrol unit with its emergency lighting activated. The patrol unit utilizes a PIT
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Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
maneuver by making contact with the rear driver side bumper area of the suspect vehicle with the patrol units
front passenger side push bumper. Both vehicles continue in an east direction and out of camera view with
additional marked HBPD patrol units with emergency lighting activated following them.
told me the date and time stamps on the security camera footage were accurate. He stated he did not
know how to transfer the footage onto a thumb drive or DVD. Officer Armijo utilized his department issued
cell phone to capture the security camera footage. Officer Armijo later uploaded the videos into
Evidence.com. I requested CSI officer Hanson #3820 respond to the office and obtain copies of the security
camera footage.
While I was still on scene, tow truck driver from Mandic Motors approached
me. told me while he was preparing to load the suspect vehicle onto the tow truck, he located a
baggie he suspected contained illegal drugs. said he located the baggie on the ground and
approximately four feet away from the suspect vehicle driver`s door. He handed me the baggie and I saw a
black tar like substance inside of a clear plastic baggie. Based on my training and experience, I identified the
substance as black tar heroin. Due to the area being not easily accessible to the public, the baggie being
located in the immediate vicinity of the suspect driver`s door, no other vehicles in the area, and no one else
being inside of the suspect vehicle, I believed the baggie containing heroin came from the suspect as he exited
from his vehicle.
I took the baggie containing heroin from and maintained possession of it. At HBPD I weighed
the heroin which was 13.2 grams with its packaging. The heroin was booked into a secure evidence locker.
I have been a sworn police officer in the State of California for approximately eight years. I have made
numerous arrests for possession of heroin, possession of heroin for sale, and possession of drug paraphilia
related to the ingestion of heroin.
I conducted no further investigation.
Page 18 of 21Printed by: (422635) at 4/17/2024 14:17
Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
03/13/2020 02:41:40 ADDITIONAL STATEMENT (421187) THOMAS, MICHAEL
Supplement Information
Supplement Date Supplement Type Supplement Officer
(421064) REILLY, RYAN
Supervising OfficerContact Name
Supplement Report
On 03/06/20 at approximately 2242 hours, I was assigned to uniform patrol in a marked black and white
police vehicle while in full uniform. At the time, I was working my regular assignment as a Patrol Sergeant
with the Huntington Beach Police Department.
I overheard Ofc. RIVAS advise dispatch via radio he was conducting a traffic stop on a vehicle at southbound
Gothard St. from Talbert Ave. Shortly thereafter, Ofc. RIVAS broadcasted the vehicle failed to yield and he
was in pursuit. The suspect/driver, was ultimately arrested and transported to UCI
medical center for injuries sustained at the time of the collision and arrest. For further details, refer to Ofc.
RIVAS` initial report, along with the supplemental reports of officers who assisted during the incident (HBPD
DR #20-002774).
I responded to UCI and made contact with Ofc. RIVAS who had been assigned to monitor while
he was being treated. I activated my assigned Body Worn Camera (BWC) and Ofc. RIVAS read
his Miranda Rights verbatim from the HBPD Internet application, "Iris 42". Ofc. RIVAS asked
if he understood his rights and he replied, "Yes."
I approached and identified myself. I told that I was conducting an Administrative
interview and wanted to ask him some questions. I told that his statements would not be used
against him in criminal proceedings. I asked if he wanted to talk with me and he replied, "Go
ahead."
The following is a summary of my interview with
promptly confirmed his identity. I asked to tell me about what happened that night.
He said he knew he had a "warrant", and the next thing he recalled was that he was "going through a wall" [as
a result of the Pursuit Intervention Technique, or P.I.T.]. I asked if, at the time of the incident, he
heard the lights and sirens of the police officers attempting to stop him. confirmed he did.
clarified the reason he did not yield was because he had a warrant.
When I asked what he recalled after his vehicle ran into the wall, he said he remembered
"someone`s foot in the back of my head." said when he collided with the wall, he exited his
truck and fell onto the ground. He could not recall whether or not he opened the door, or if it flung open itself.
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Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
I asked why he did not immediately give up after he exited his vehicle. replied, "I did give up, I
fell flat on my face." added that due to a pre-existing medical condition, he needs a cane in order
to walk.
I brought up the visible injuries to face and asked if they were a result of falling face-first from
his truck. said he did not know, but then alluded to the "foot" in the "back" of his head. When I
asked what he was doing when that happened, he replied, "Nothing. I was laying there prone on the asphalt."
I asked if he heard the officers give him verbal commands while taking him into custody and he
replied, "No." added that he "kinda blacked-out".
I asked what he could have done differently to avoid this situation. replied, "Pulled
over earlier." When I brought up some dangers officers face when pursuing a suspect, and asked him if he
understood why officers responded the way they did when taking him into custody, stated,
"Yeah, I guess, yeah." I ended my first interview with
Within a couple minutes, I re-contacted to ask him additional questions regarding his
pre-existing medical conditions. reiterated that he needs a cane to walk because he broke his
back a few years ago and, as a result, suffered "severe nerve damage" to his right leg. also said
he had "a bunch of screws" in his spine from a previous medical procedure.
I asked why he did not grab his cane before exiting his vehicle. said at the time,
everything was a "blur" and he wanted to get away from the airbag that had just deployed. I then ended my
second interview with and did not ask him any additional questions.
Page 20 of 21Printed by: (422635) at 4/17/2024 14:17
Incident/Investigation Report
Case Number:
Huntington Beach Police Department
2020-002774
APPROVED
03/12/2020 07:30:33 FOLLOW UP (421178) TUNSTALL, TRENT
Supplement Information
Supplement Date Supplement Type Supplement Officer
(421216) PAPPAS, TED
Supervising OfficerContact Name
Supplement Report
DETECTIVE FOLLOW-UP:
Suspect -
Evidence uploaded to Evidence.com:
- Video from 7012 Ernest Drive
3-11-20 at 1330 hours
I went to Ayres Self Storage at 7012 Ernest Drive and met with the location manager, who allowed me to
access the surveillance camera system. The DVR records locally to a hard drive and records in real time. The
time was set accurately. There are numerous cameras throughout the facility, but only two with a partial view
of Ernest Drive, where the termination of the pursuit occurred.
Camera 1 has a north-facing view from inside the property gate and looks out across Ernest. This area is west
of the pursuit termination and that camera only shows the suspect vehicle and patrol vehicles passing
eastbound (left to right) prior to the PIT.
Camera 2 has an east-facing view from the property gate and is approximately 200 feet from where the
PIT/termination occurred. The footage is black and white and the camera is partially obstructed by spider
webs.
I downloaded footage from both cameras from 2244-2300 hours, although the relevant activity occurs from
2244-2245 hours. I placed the footage on a USB and provided it to the Scientific Investigation Unit (SIU) for
upload to the department server.
Refer to additional reports for further.
Page 21 of 21Printed by: (422635) at 4/17/2024 14:17