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HomeMy WebLinkAboutHasselbach_Aspeitia - Documents Huntington Beach Police Department Page 1 of 2 Create: 07/19/2017 00:11:08 Event #: P17080834 Nature: PED - PEDESTRIAN CHECK Priority: 8 Location: 200 MAIN ST Beat: 4 RD: 451 R/P Name: R/P Address: R/P Phone: Misc Info: Loc Phone: Case Number(s): R17011443 Event Remarks: 07/19/2017 00:11:08 TRNS UNIT & SUPERVISOR 07/19/2017 00:11:29 20S S2 07/19/2017 00:11:33 23E MEDICS TO FOUNTAIN 07/19/2017 00:12:01 23E 2ND FLR OF HURRICANES HEADING DOWN TO FOUNTAIN W/1 I/C 07/19/2017 00:12:28 T39 MEDICS 07/19/2017 00:14:21 23E REQ MEDICS TO 87 2ND FLR OF PKG STRUC 07/19/2017 00:14:51 1039 MEDICS.. 07/19/2017 00:15:04 23E REQ CSI 07/19/2017 00:42:32 DISPO >>Unid=[3D] Quantity=[1] Dispo=[R] Remarks=[SUPP] 07/19/2017 01:45:48 DISPO >>Unid=[16I] Quantity=[1] Dispo=[CSI] Remarks=[Photos and report.] 07/19/2017 03:20:20 DISPO >>Unid=[24E] Quantity=[1] Dispo=[R] 07/19/2017 03:20:23 DISPO >>Unid=[25E] Quantity=[1] Dispo=[R] 07/19/2017 03:30:24 22E -- ET41 TO UCI.. WITH SUSPECT.. 22E FOLLOWING.. 07/19/2017 03:30:38 * CORR 23E FOLLOWING.. Huntington Beach Police Department Page 2 of 2 Unit ID: 16I Emps: 421675 DP: 00:15:05 EN: 00:31:51 AR: 00:39:49 AV: 01:45:48 Unit ID: 20S Emps: 421174 DP: 01:24:29 EN: 00:11:14 AR: 01:24:32 AV: 02:35:37 Unit ID: 22E Emps: 422027 DP: 00:11:21 EN: AR: 05:56:09 AV: 07:27:56 Unit ID: 23E Emps: 422156 DP: 00:11:24 EN: 03:30:46 AR: 05:56:12 AV: 07:27:56 Unit ID: 24E Emps: 421065 DP: 00:11:08 EN: AR: 00:11:09 AV: 03:05:00 Unit ID: 25E Emps: 422101 DP: 00:11:21 EN: AR: 00:11:22 AV: 03:04:56 Unit ID: 2N Emps: 421095 DP: 03:52:37 EN: 04:09:22 AR: 04:31:30 AV: 06:50:43 Unit ID: 3D Emps: 421080 DP: 00:12:18 EN: 00:12:19 AR: 00:13:54 AV: 00:52:38 Unit ID: 4N Emps: 421224 DP: 00:23:29 EN: 00:11:42 AR: 00:23:33 AV: 00:30:17 Officer Disposition Unit Dispo Quantity Remarks 3D R 1 SUPP 16I CSI 1 Photos and report. 24E R 1 25E R 1 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED 07/19/2017 00:11 07/19/2017 00:11 Date/Time Discovered 07/19/2017 00:11 (422027) HASSELBACH, GRANT 200 MAIN ST, HUNTINGTON BEACH, CA 92648 Incident Information Date/Time Reported Date/Time Occurred Officer (421174) RANDELL, SHAWN Supervising OfficerIncident Location CLEARED BY ARRESTCLOSED/CLEARED Case Status Disposition @PARKING STRUCTURE Location Comments 4 451 Beat Reporting District BWC / Digital Evidence Charges 1 Description Statute UCR ASSAULT ON PEACE OFFICER/FIREFIGHTER 241(C) PC 13B Att Com   Charge Type Alcohol, Drugs or Computers Used AlcoholDrugsComputers Location Type BAR/NIGHTCLUB Premises Entered Forced Entry YesNo Entry Exit Criminal Activity Weapons 1. 2. 3. Personal Weapons State Bias Motivation Bias Target Bias Circumstances Hate Group 2 Description Statute UCR DISORDERLY CONDUCT:ALCOHOL 647 (F) PC 90E Att Com   Charge Type Alcohol, Drugs or Computers Used AlcoholDrugsComputers Location Type BAR/NIGHTCLUB Premises Entered Forced Entry YesNo Entry Exit Criminal Activity Weapons 1. 2. 3. State Bias Motivation Bias Target Bias Circumstances Hate Group Victims HASSELBACH, G/#2027 Name(Last, First, M)Race Sex DOB M Seq. # 1 Age Type POLICE (LAW Injuries Apparent Minor Injury Ethnicity Victim of Crimes SSN Address Home Phone Business Phone Employer Name/Address Huntington Beach Resident Occupation Cell Phone 1 Height Weight Hair Eye Email Page 1 of 7Printed by: (422635) at 10/4/2020 20:17 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED Victims STATE OF CALIFORNIA Name(Last, First, M)Race Sex DOB Seq. # 2 Age Type GOVERNMENT Injuries None Ethnicity Victim of Crimes SSN Address Home Phone Business Phone Employer Name/Address Huntington Beach Resident Occupation Cell Phone 2 Height Weight Hair Eye Email Property Seq. # 1 Description Owner Serial Number Make/Model Status Status Officer Quantity Units of Measure Value Property Notes CD CONTAINING VIDEO SURVEILLANCE License / State Color EVIDENCE (421065) CHRISTIE, RYAN M 1.00 EA Gun Type Caliber Finish Grip Gun Stock Condition Gun Test Sight Test Yes No Test Type Yes No Sight Type  Seq. # 1 Description Owner Serial Number Make/Model Status Status Officer Quantity Units of Measure Value Property Notes INTERVIEW WITH WITNESS AND SUSPECT License / State Color EVIDENCE (422101) HART, JESSE 1.00 EA Gun Type Caliber Finish Grip Gun Stock Condition Gun Test Sight Test Yes No Test Type Yes No Sight Type  Page 2 of 7Printed by: (422635) at 10/4/2020 20:17 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED Property Seq. # 2 Description Owner Serial Number Make/Model Status Status Officer Quantity Units of Measure Value Property Notes CD WITH WITNESS INTERVIEW License / State Color EVIDENCE (421065) CHRISTIE, RYAN M 1.00 EA Gun Type Caliber Finish Grip Gun Stock Condition Gun Test Sight Test Yes No  Test Type Yes No Sight Type   Notes/Narratives ADDITIONAL/SUPPLEMENTAL REPORTS: Sgt. RANDALL, Officer HART, Officer ASPEITIA, Officer CHRISTIE, Officer KIM, CSI CRUZ INJURIES/MEDICAL TREATMENT: - Swollen right eye, 2" laceration under right eye, COP to both hands, COP of left shoulder, COP to left side of head, fractured orbital, fractured nasal cavity, hematoma to left eye. Officer ASPEITIA - COP to right pinky finger and left knuckles. Officer HASSELBACH - COP to top of right hand CSI: CSI CRUZ took photographs of the scene, involved officers, and injuries. NARRATIVE: On 07-19-17, at approximately 0005 hours, Officer HART, Officer CHRISTIE, Officer ASPEITIA, and I were near the water fountain at 200 Main St. We are all assigned to the downtown foot beat and consistently monitor the downtown area and bar establishments. We also monitor patrons entering establishments and at Page 3 of 7Printed by: (422635) at 10/4/2020 20:17 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED Notes/Narratives times provide warning to bar doormen if patrons appear to be too intoxicated to enter to avoid over serving. At about the above time, we saw a group of individuals walk adjacent to the fountain yelling and screaming obscenities. They appeared to be quite intoxicated by their slurred speech and somewhat staggered gait. We went to the north entrance of Hurricanes where the group had walked towards. Once on top, I saw the group of individuals who had passed us just earlier trying to get into Hurricanes. A few of the members displayed symptoms of being too intoxicated to be in public. Those symptoms included bloodshot and watery eyes, the strong odor of an alcoholic beverage about their breath and person, and an unsteady gait. I stood at the north end of the bar establishment as Officer ASPEITIA talked to the doorman, was advised a few individuals who had just entered were probably too intoxicated. A male approached me, who I later identified as , and it was apparent he was quite intoxicated. He emanated the odor of an alcoholic beverage about his breath and person, had a glazed look in his eyes, his eyes were bloodshot and watery, and very droopy. had an unsteady gait. I told it was probably time to head home and "call it a night." initially said "OK, that`s cool, but why?" I again told him it was time to leave and I started to walk towards Officer ASPEITIA. As I walked away, stated "I don`t stand down to police, what are you going to do?" At this time I perceived as not understanding my instructions to leave the bar establishment. I asked for identification and he refused to provide it to me. went on to tell me "I don`t back down from authority. You`re a pussy. Just a pussy. I am not detained. What for?" I continued to be polite with and he became increasingly belligerent. At one point, stated again "I don`t back down from the police. I don`t back down from not even the police." stated he would not provide any identification and would be entering the bar regardless of what I said. During this time a female towards the north side of the exit kept yelling "Will, let`s go! Let`s go! Drop it!" ignored her. Based on symptoms observed, his inability to follow instructions to leave the area when instructed, and due to his intoxication level, I formed the opinion was unable to care for his safety as well as those around him. I told to place his hands behind his back. looked at me and said "no." I grabbed Page 4 of 7Printed by: (422635) at 10/4/2020 20:17 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED Notes/Narratives left wrist, followed by his right wrist, and placed it behind his back. Officer ASPEITIA was more toward the entrance and saw me initiate an arrest. He came over to assist almost immediately. almost immediately flexed his wrists and his arms became tense. Officer ASPEITIA felt flex even more and pushed towards the rear wall on the balcony as I attempted to place handcuffs on him. It should be noted that this area on the balcony is very tight with space. It is approximately four feet in width and over the railing, there is an approximately 15-foot drop onto a concrete sidewalk below. This creates a dangerous situation to try and apprehend a combative suspect. turned and pushed his body weight through Officer ASPEITIA and I towards the railing of the balcony while deliberately raising his right elbow towards my face. Officer ASPEITIA and I immediately grabbed a hold of who was now grasping the rail. Being close to the rail, I was in fear I could possibly be exposed to falling if the fight continued long near the railing. As I was struggling with and trying to control his hands and legs, Officer ASPEITIA and HART were doing the same. We were unable to free him from the balcony railing. kicked his feet out multiple times, preventing any officers from performing a two man takedown. This would have been the safest and most effective way to secure and stop the struggle with him. I attempted to apply a carotid control hold by wrapping my left arm around neck, but could not get a good position to apply the hold. was still overpowering all three officers during the struggle. As I continued to grasp on and attempt to gain control, I grabbed legs. I began to feel fatigued at this point, as I struggled with who I knew to be intoxicated. Based on my training and experience, I know that subjects who are under the influence of alcohol have a great deal of tolerance to pain and are often times impervious to pain. Furthermore, I knew had several other intoxicated companions surrounding officers in the immediate area. My goal was to end the struggle as soon and quickly as possible so that I could focus my attention on my surroundings and ensure I was not attacked by someone else. For the above reasons, I gave 3-4 distraction strikes to the left side of face. After the strikes, ultimately let go of the railing with one hand. I gave 2-3 more distraction strikes towards his upper shoulder which finally caused to lose grip of the railing. was forced to the ground but still continued to struggle and placed both hands beneath his chest area. I heard officers yell to show his hands and release them. Because Officer ASPEITIA and HART were trying to grab his hands and was refusing to release them, I continued multiple distraction strikes to his upper back area. finally released his hands and officers were able to detain him in handcuffs. continued to kick and try to stand up even in handcuffs so a hobble restraint was secured around his ankles to control his Page 5 of 7Printed by: (422635) at 10/4/2020 20:17 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED Notes/Narratives legs. Officer HART, Officer ASPEITIA, and I carried out into the parking structure on the second floor while HBFD medics were notified to arrive for treatment. Sergeant RANDELL was notified of the incident and arrived on scene shortly thereafter. CSI CRUZ also arrived on scene and took photos of the scene. Officer HART, Officer CHRISTIE, and Officer KIM obtained statements from witnesses. For further, refer to their supplemental reports. Ultimately, was transported to Huntington Beach Hospital (HOB) by HBFD medics. While at HOB, was treated by Dr. . received (5) stitches below his left eye. While at HOB, Officer HART read his Miranda rights and obtained a statement from him. For further, refer to Officer HART`s supplemental report. I also read his Miranda Rights because he requested them be read again. I obtained a statement which is below. told me he didn`t know why he was stopped. He said he was approached by officers and the next thing he knew he was against the wall and in a fight. I explained to he was too intoxicated to enter another bar and he disagreed. later went on to say "I like to test authority." told me he has been arrested for drunk in public and does not have the best past, including getting arrest for fighting in public. I was advised by Dr. had a broken orbital, a hematoma behind his eye, and a fractured nose. was transported by HBFD medics to UCI. While at UCI, Dr. treated Officer DRAKE arrived at UCI and informed me the final injuries did not change from HOB`s medical evaluation. was issued a citation for 241(c)PC - Assault on a Peace Officer and 647(f) PC - Drunk in Public with a promise to appear. Page 6 of 7Printed by: (422635) at 10/4/2020 20:17 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED Notes/Narratives No further investigation was completed. Page 7 of 7Printed by: (422635) at 10/4/2020 20:17 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED 07/19/2017 06:13:37 ADDITIONAL STATEMENT (422156) ASPEITIA, MICHAEL S Supplement Information Supplement Date Supplement Type Supplement Officer (421174) RANDELL, SHAWN Supervising OfficerContact Name Supplement Report On 07/19/17 at approximately 0011 hours I was dressed in full uniform and working the downtown business district of Huntington Beach. I observed several subjects that appeared to be extremely intoxicated. They were attempting to enter the Hurricanes Bar located at 200 Main St #201. I immediately notified the doorman that the subjects were intoxicated and should not be over served alcohol or allowed in the bar. advised that the subjects would not be allowed to enter and would be removing them. I observed that Officer Hasselbach #2027 was speaking with suspect (later identified as He grabbed s arms and told him he was being placed under arrest. I could see that was flexing his muscles and it appeared he was attempting to pull his arms apart and away from Officer Hasselbach`s grasp. I assisted in grabbing s right arm as we placed him up against the outside wall of Hurricanes to gain better control of his posture as was flexing his muscles and beginning to struggle and pull away as Officer Hasselbach was trying to place him into handcuffs. pulled his right arm completely away from me and pulled away from Officer Hasselbach. With his arms free threw a right elbow strike at Officer Hasselbach just missing his face. Fearing for my partner`s safety and believing that if had connected with an elbow to my partner`s face he could be severely injured, I immediately threw two to three closed fist right hand strikes to head. I knew that was with a large group of people that were positioned on both sides of us. It was unclear if they were going to be combative like I believed I needed to quickly and efficiently as I could, overcome s resistance and violence so that we could focus on protecting ourselves from any other potential threats from his group. grabbed onto the railing of the balcony with his left arm wrapped around it, and refused to let go. I attempted to free s left arm from the railing by trying to pry it away, but was unsuccessful. It appeared from my angle that s right hand was near his waistband and he had not yet been searched for weapons. Based on my training and experience in that many suspects carry weapons in and around their waistband, I immediately became fearful that he may be reaching for a weapon. I immediately delivered several closed fist right hand strikes to left side and back in an attempt to gain compliance and distract him from reaching near his waistband. Page 1 of 2Printed by: (422635) at 10/4/2020 21:02 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED Officer Christie reached over and assisted in releasing s grasp from the railing. It was then that was taken to the ground. I immediately grabbed s left arm and gained control of it. I was able to place his left arm behind his back and Officer Hart then placed handcuffs on HBFD ET45 responded and transported s to HOB regarding his injuries. See Officer Hasselbach`s main report for further. I felt pain in my right pinky finger, the knuckles in my right hand, and the knuckles in my left hand. I was treated and cleared from Huntington Beach Hospital for my injuries. I conducted no further investigation. Page 2 of 2Printed by: (422635) at 10/4/2020 21:02 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED 07/19/2017 04:39:05 ADDITIONAL STATEMENT (421065) CHRISTIE, RYAN M Supplement Information Supplement Date Supplement Type Supplement Officer (421174) RANDELL, SHAWN Supervising OfficerContact Name Witnesses Race Sex DOB AgeName (Last, First, M)Seq. # 6 Witness Notes Other Persons Involved Name Code Involved, Other Seq. # 1 Name (Last, First, M) Page 1 of 3Printed by: (422635) at 10/4/2020 20:36 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED Supplement Report On 7/19/17 at approximately 0005 hours, I was working uniformed patrol in full police uniform. Officer Hart #2101, Officer Aspeitia #2156, Officer Hasselbach #2027, and I were conducting a patrol check of the area near 200 Main St. As I was walking I heard an unknown male voice yell, "Fuck the police." I turned around and saw a large group of males and females walking up the stairs towards Hurricanes Bar. From my distance, I could not recognize anyone in the group, however all the subjects in the group were yelling loudly and appeared to be intoxicated. I noticed that Officer Hasselbach and Officer Aspeitia walked up the stairs to Hurricanes Bar so I followed them with Officer Hart. As we walked down the balcony towards the rear entrance of the bar I noticed several of the individuals from the group below were now in line waiting to get into the bar. Officer Hasselbach and Officer Aspeitia walked towards the security guard working the rear entrance while I stayed approximately 15 feet from the entrance. I began speaking with several subjects from the group regarding their loud yelling earlier. After a couple minutes, I looked over and saw Officer Hasselbach and Officer Aspeitia struggling to restrain a male, later identified as I noticed was holding onto the railing while Officer Hasselbach and Officer Aspeitia tried to pull his hands free in order to place him under arrest. I heard both Officer Hasselbach and Officer Aspeitia tell to stop resisting and place his hands behind his back several times. Officer Hart then attempted to lift feet off the ground in order to pull him away from the railing but was unsuccessful. Officer Aspeitia then punched in the back approximately 2-3 times, but did not let go of the railing. I saw Officer Hart wrap his arm around head in order to better pull him away from the railing. Officer Hasselbach then punched in the face 2-3 times. continued to resist officers and would not let go of the railing. Eventually, Officer Aspeitia and I were able to pull hands off the railing which caused him to fall on the ground. Officer Hasselbach immediately crossed legs and bent them backwards towards his buttocks in order to immobilize legs. Officer Hart and Officer Aspeitia positioned themselves on back and were eventually able to pull arms out from underneath him and place him in handcuffs. I noticed was bleeding from his face so I requested additional officers and a supervisor respond to the location. Officer Aspeitia then requested HBFD Paramedics respond to the location. During the incident, several bar patrons had gathered around the location and were beginning to yell. Officer Hasselbach and I picked up and walked him out of the bar balcony and into the parking structure that is attached to the building. We then monitored while we waited for HBFD Paramedics to respond. While we waited, Officer Hasselbach and I constantly monitored who continued to yell and curse at us. I repeatedly asked if he wanted to sit up rather than lay on his right side and he said he wanted to be left alone. As spoke I noticed his speech was slurred. I also noticed that he had a strong odor of alcohol emitting from his person. HBFD Paramedics arrived at the location and began to treat Page 2 of 3Printed by: (422635) at 10/4/2020 20:36 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED I then interviewed Hurricanes security guard who told me the following: On 7/19/17 at approximately 0010 hours, was working as a security guard at Hurricanes Bar. was approached by Officer Hasselbach and Officer Aspeitia and told to go into the bar and bring out the subjects he had just let into the bar. said he switched places with another security guard and then went inside the bar to get the subjects he had just let in. said he came back out to the patio entrance because the subjects had walked all the way through the bar. said he came out and saw several HBPD Officers on top of I asked what he saw and he said, "He was really resisting arrest," and, "They were just struggling to get him cuffed." I asked if he heard the police officers say anything to while they struggled and he said, "Just to quit resisting." did not hear say anything during the incident. I asked if he had anything else to add to his statement and he said, "I thought it was routine. If the cops ask you to leave you should leave." did not provide any additional information. I recorded my interview with on my digital audio recorder. I later made a copy of the recording which I put on a CD. I then booked the CD with the audio recording into HBPD Property as Evidence. I then spoke with who is also an employee at the Hurricanes Bar but was not a witness to the incident. allowed me to view the video surveillance footage of the incident. He then copied the video surveillance footage to a flash drive which I collected. I later copied the video surveillance footage to a CD which I booked into HBPD Property as Evidence. I conducted no further investigation. Page 3 of 3Printed by: (422635) at 10/4/2020 20:36 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED 07/19/2017 04:44:09 ADDITIONAL STATEMENT (422101) HART, JESSE Supplement Information Supplement Date Supplement Type Supplement Officer (421174) RANDELL, SHAWN Supervising OfficerContact Name Witnesses Race Sex DOB AgeName (Last, First, M)Seq. # 6 Witness Notes Page 1 of 4Printed by: (422635) at 10/4/2020 20:48 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED Supplement Report On Wednesday, 07-19-19, at 0005 hours, I was working uniformed patrol, working in the downtown area of Huntington Beach. I was wearing a full HBPD Summer uniform, with a black polo displaying a badge and HBPD patches. I was patrolling the area on foot, along with Officer HASSELBACH #2027, ASPEITIA #2156, and CHRISTIE #1065. I observed a large group walking across Main Street from Baja Sharkeys towards the parking structure. The group was yelling loudly and causing a scene as they crossed the street. We walked upstairs onto the balcony of Hurricanes, 200 Main Street #201, and observed the large group on the patio. CHRISTIE and I stood on the patio while ASPEITIA and HASSELBACH walked over towards the entrance of the bar. While I was standing there, a male, identified as walked up to me and asked if I had an appointment at the bar. was swaying back and forth while talking to me, had bloodshot and watery eyes, the odor of alcohol on his breath, and slurred his words. I asked if that was supposed to be a joke. responded "you`re a joke," and walked past me towards the entrance of the bar. friend, later identified as walked up to me when walked towards the entrance of the bar. began apologizing for behavior and told me he was really drunk. I was telling it was time for her and her friend to go home. agreed with me and said they would leave. and I were talking approximately 15 feet from where HASSELBACH and ASPEITIA were. As I was speaking with I observed speaking with HASSELBACH. I observed HASSELBACH attempt to handcuff turned his shoulders away from HASSELBACH. I observed ASPEITIA grab right arm as HASSELBACH was holding left arm. HASSELBACH and ASPEITIA pushed into the wall to stabilize him against the wall. As they were holding against the wall, I observed twisting his shoulders, not allowing handcuffs to be put on. spun to the right, pushed off the wall, and I observed what appeared to be right elbow come up towards HASSELBACH`s face. I was unsure if the elbow connected with HASSELBACH`s face. momentum carried him across the balcony towards the railing. gripped onto the railing and refused to let go. I ran over to where ASPEITIA and HASSELBACH were dealing with I observed ASPEITIA punch and HASSELBACH was trying to pull off the railing. I grabbed legs in an attempt to get him off balance and perform a two man take down. pulled his leg away from me and maintained his grip on the railing. A two man take down was ineffective due to the confined area on the balcony and grip on the railing. The fight was prolonged and I was unsure if friends would attempt to come to his aid. I could see numerous intoxicated subjects coming over towards the area from the outdoor patio area. I attempted to grab around his head and pull him off the railing, at which time I observed HASSELBACH punch in the face. let go of the railing and we went to the ground on the balcony. I fell on top of right side while ASPEITIA was on his left side. I was yelling at to stop resisting. was holding his hands underneath his body, with his hands near the front beltline. I feared he was reaching for a weapon in his waistband. I attempted to get into position to place Page 2 of 4Printed by: (422635) at 10/4/2020 20:48 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED in a Carotid Restraint Hold. Due to the position I was in on the ground, I was unable to get in position and properly perform the Carotid Restraint Hold. I transitioned from the hold and maintained control of upper torso. While I was maintaining control of upper torso, began saying, "Okay Okay, I`m done." I was able to pull right arm from underneath him and place it on the lower portion his back. ASPEITIA pulled left hand from underneath him. I was able to place handcuffs on both wrists. I removed my Hobble Restraint from my pocket and provided it to HASSELBACH, who was maintaining control of legs. HASSELBACH placed the hobble restraint on legs. HASSELBACH and ASPEITIA were attempting to walk out from the balcony into the parking structure but was not walking with them. I grabbed the hobble restraint and maintain control of the loose end of the restraint. began placing his feet on the ground and trying to stop them from carrying him. ASPEITIA grabbed left arm while HASSELBACH grabbed his right arm. I grabbed legs and we carried into the parking structure from the balcony. Once in the parking structure, was placed on his side in the recovery position. CHRISTIE remained with until medical personnel arrived to treat him. I met with in the parking structure. stated she has been dating for a few months. I recorded myself obtaining a statement from said the group they were with was coming from another bar. was already drunk while they were walking across Main Street and he yelled "Fuck the Cops." said she was pleading with to apologize as they were walking up to Hurricanes. At Hurricanes, saw officers trying to arrest and he was resisting. said he was trying to "Fight you guys back." said gets aggressive when he gets drunk and he has gotten into fights before when he is drunk. said was "wiggling and not letting officers touch him." also said she saw was "not having it" when officers were trying to arrest him. denied seeing throw an elbow at HASSELBACH. For specific statements, refer to the audio recording. I made a digital copy of the audio recorded interview with I placed the copy in a locker as evidence inside the HBPD Evidence Room. I responded to Huntington Beach Hospital and remained with while he received medical attention. While at the hospital, I read his Miranda Rights from my HBPD Officer`s handbook. I asked if he understood his rights and he said, "Yes." I asked him two questions, one regarding what time he went out to drink and where he was drinking. said "Pass" as an answer to both the questions. I asked if he wanted to answer questions or not. said he would "give me a story." said he went out for his "girls" birthday. "Someone yelled something at officers and he was the suspect." I asked him what happened and he said, "I was arrested." said he was told not to go into the bar by an officer. described HASSELBACH as being the officer that told him not to go in the bar. HASSELBACH began intimidating him, which said he doesn`t have a problem with. HASSELBACH directed away from the bar but said he was trying to understand the scene. I asked specifically if he was refusing to leave the bar and he would not provide me an answer to that question. From there, said he was arrested. said he was punched while he was standing, while he was on the ground, and while he was against the railing. said he did not want HASSELBACH to think he was a weak guy. Page 3 of 4Printed by: (422635) at 10/4/2020 20:48 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED said he had drunk maybe 2 or 3 12 ounce bottles of Pacifico brand beer earlier in the night. said he was drinking at Baja Cantina, in Newport Beach. He came to Huntington Beach and had not entered a bar yet. said he was in a big group, people were yelling, and causing problems. said the last time he ate any food was around 2100 hours on 07-18-17. advised he did not feel the effects of the drinks. denied swinging, throwing any punches, and said he did not elbow anyone. "No hits, No nothing." said he did not resist at any time. said HASSELBACH did not stabilize him against a wall, instead put him immediately against the railing. admitted to gripping the railing, at which time he was punched and kicked. He said he was kicked down low and punched up high. admitted to being taken to the ground, at which time he had no choice but to give up. I asked if he was injured and he said, "I`m not hurt." did not believe he did anything wrong during the incident. I made a digital copy of the audio recorded interview. I placed a copy of the interview in a locker and booked it as evidence in the HBPD Evidence Room. For specific statements, refer to the audio recording of the interview. I conducted no further investigation. Page 4 of 4Printed by: (422635) at 10/4/2020 20:48 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED 07/19/2017 00:53:28 ADDITIONAL STATEMENT (421080) KIM, DANIEL Supplement Information Supplement Date Supplement Type Supplement Officer (421002) WHITE, SHAWN Supervising OfficerContact Name Witnesses Race Sex DOB AgeName (Last, First, M)Seq. # 1 Witness Notes Race Sex DOB AgeName (Last, First, M)Seq. # 2 Witness Notes Page 1 of 4Printed by: (422635) at 10/4/2020 20:28 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED Witnesses Race Sex DOB AgeName (Last, First, M)Seq. # 3 Witness Notes SSNEthnicityHeightWeightHairEye Race Sex DOB AgeName (Last, First, M)Seq. # 4 Witness Notes Race Sex DOB AgeName (Last, First, M)Seq. # 5 Witness Notes Page 2 of 4Printed by: (422635) at 10/4/2020 20:28 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED Supplement Report On 7-19-17, I responded to Hurricane`s (201 Main #201) in order to assist the SET Officers in their investigation. I contacted and spoke with and who all advised me they had witnessed the incident in question. s STATEMENT: was working as security for Hurricane`s Bar when he received information from another employee that there was a patron who was creating a disturbance outside of the entrance doors. said a male subject, was outside being "disrespectful and beligerent" and was possibly intoxicated. went to contact the subject, and noticed was speaking with police officers, specifically Officer HASSELBACH. Officer HASSELBACH and appeared to be arguing with each other and appeared to "shoulder check" Officer HASSELBACH. Officer HASSELBACH then grabbed by the arms and tried to place his hands behind his back, but the subject tried to pull his arms away and told me it looked like was trying to "spin" on Officer HASSELBACH. Other officers then went to Officer HASSELBACH to assist him. Officers and wrestled and struggled with each other, and could hear yelling and cussing at officers and repeatedly calling them "motherfuckers." grabbed on to a rail in front of him and would not let go as an officer punched in the face and repeatedly told him to let go of the rail and to stop resisting. was eventually able to be placed in handcuffs and taken to the parking structure by officers. resisted being handcuffed the entire time and was yelling and cussing at officers the entire time. s STATEMENT: was working as security for Hurricane`s Bar when he was advised by staff members that there was an incident occurring outside of the doors where ID`s were being checked. went outside and saw Officer HASSELBACH and "face to face" and appeared to "shoulder check" or push into Officer HASSELBACH. Officer HASSELBACH then went to grab arms and put them behind his back. However, tried to pull his arms away and turn around to face Officer HASSELBACH. tried to break free from Officer HASSELBACH`S grasp and they "wrestled" for control as other officers arrived to assist Officer HASSELBACH. was able to grab a hand rail and held on as officers tried to pull his arms behind him. resisted officers and held on to the rail, even though could hear officers repeatedly telling him to let go. Officers were able to break hands free from the rail and placed him in handcuffs. was taken to the parking structure by officers. s STATEMENT: said he was a part of the same group as but did not know him. One of his female friends had Page 3 of 4Printed by: (422635) at 10/4/2020 20:28 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED met on an online dating site. said he had been told by another member of his group that had yelled, "Fuck the police!" loudly while they were down by the fountain on Main St in Huntington Beach. said that HBPD officers heard this and began following them up to Hurricane`s Bar. and his friends got up to Hurricane`s and were not allowed in and stopped at the ID check by the bouncer. was ahead of in the line, but he could hear arguing with an officer. An officer tried to place S hands behind his back and tried to break free from the officer`s grasp. told me was resisting officers as they attempted to take him into custody. s STATEMENT: was with a group, which included on the first floor of 200 Main St when heard suddenly yell, "Fuck the police!" loudly and she did not why yelled that. and her group went upstairs to try and get into Hurricane`s when she heard talking to a police officer and saying "disrespectful" things. watched as an officer attempted to grab a hold of arms to handcuff him and he "resisted." held on to a hand rail and would not let go as officers attempted to break his grasp free and place him under arrest. was hit in the head by an officer and was eventually placed under arrest. s STATEMENT: said she was walking with her friends and when loudly yelled, "Fuck the police!" as they were approaching 200 Main St. and her friends were attempting to get into Hurricane`s bar. watched as officers tried to handcuff but he resisted their attempts. was able to grab a bar while he was being taken into custody and saw an officer punch in the face. was "definitely resisting" officers as they were trying to handcuff said she was in the same car with on the way to Huntington Beach and told me he "definitely had a couple drinks." The statements obtained from and were recorded on my department issued BWC. For further details regarding their statements refer to the camera footage. I conducted no further investigation. Page 4 of 4Printed by: (422635) at 10/4/2020 20:28 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED 07/19/2017 00:15:00 CSI REPORT (421675) PEREZ, HELAMAN CRUZ Supplement Information Supplement Date Supplement Type Supplement Officer (421174) RANDELL, SHAWN Supervising OfficerContact Name Supplement Report TIME ASSIGNED: 0015 hours. TIME ARRIVED: 0020 hours. TIME COMPLETED: 0140 hours. LOCATION DESCRIPTION: VEHICLE: No 200 Main St. (Hurricanes) SCENE DESCRIPTION: The incident occured on the north walk-way of the entrance to Hurricanes. The main entrance was located on the second story, overlooking Main St. INVOLVED PERSON: Suspect (DOB: 4/19/92) PHOTOGRAPHY: Yes SD CARD NUMBER: HC 8. On Wednesday, 719/17, I was dispatched to the location at the request of Officer Hasselbach #2027. Overall photographs of the scene were recorded, showing condition and appearance. Photographs of the north walk-way of the main entrance were recorded, showing where the incident occurred. Overall photographs of Officer Hart #2101 were recorded for identification, condition, and appearance. Officer Hart did not sustain any injuries and did not complain of pain. Overall photographs of Officer Hasselbach #2027 were recorded for identification, condition, and appearance. Photographs of his right hand were recorded since he complained of pain to the outer portion of his hand. Officer Hasselbach did not sustain any other injuries and did not complain of additional pain. Overall photographs of Officer Aspeitia #2156 were recorded for identification, condition, and appearance. Photographs of his right hand were recorded, showing swelling on his pinky finger. Officer Aspeitia Page 1 of 2Printed by: (422635) at 10/4/2020 20:24 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED complained of pain to his back. Officer Aspeitia did not sustain any other injuries and did not complain of additional pain. Overall photgraphs of were recorded for identification, condition, and appearance. Photographs of facial area were recorded, showing a laceration below his left eye. did not sustain any other injuries and did not complain of pain. I booked SD card #HC 8 in the property room in the CSI locker. LATENT PRINTS: No NUMBER: 0 N/A DNA EVIDENCE COLLECTED: No N/A PRY MARK/SHOE PRINT/TIRE TRACK EVIDENCE: No N/A ELIMINATION DNA: No NUMBER OF SAMPLES: 0 N/A ELIMINATION FINGERPRINTS: No NUMBER OF SAMPLES: 0 N/A EVIDENCE COLLECTED: No N/A FOLLOW-UP INVESTIGATION: N/A ADDITIONAL CSI: N/A Page 2 of 2Printed by: (422635) at 10/4/2020 20:24 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED 07/19/2017 05:34:41 ADDITIONAL STATEMENT (421174) RANDELL, SHAWN Supplement Information Supplement Date Supplement Type Supplement Officer (421002) WHITE, SHAWN Supervising OfficerContact Name Supplement Report On 7/19/17 at 0011 hours, I was working as a uniformed Sergeant for the City of Huntington Beach. I was assigned to the Special Enforcement Team which is assigned to the downtown area of the City of Huntington Beach. On the indicated date and time I responded to Hurricanes Bar (200 Main St #201) reference a request for a supervisor. Upon my arrival, I observed Officers controlling an intoxicated and belligerent male on the second floor of the parking structure adjacent to the bar entrance. The male, later identified as was handcuffed and in a recovery position. He had a department issued Ripp hobble affixed to his lower legs. had an apparent injury to his left eye which was swollen and bleeding. Officers had already summoned medics to the scene prior to my arrival. Officer Christie was controlling upper torso and Officer Hasselbach was controlling his legs. Officer Hasselbach appeared fatigued and was sweating profusely. Officer Aspeitia had a swollen left pinky and Officer Hasselbach complained of pain on his right hand. Once HBFD Medics arrived, they rendered aid to and he was ultimately transported to the Huntington Beach Hospital with Officers Aspeitia and Hasselbach riding in the ambulance. Officers Hart, Christie, and Kim were on scene and obtained several recorded witness statements. I spoke to Officers Christie and Hart who indicated where the arrest of occurred. I was informed it was at the north entrance of the Hurricanes Bar and I ensured surveillance video from the bar was obtained. CSI Perez responded and photographed the scene. He later responded to the Huntington Beach Hospital and also took photographs of all involved officers. Finally, CSI Perez took photographs of and his injuries. I responded to the Hospital and spoke with Officers Aspeitia and Hasselbach who apprised me of the circumstances surrounding arrest. While at the hospital, I watched as Officer Hart read his Miranda rights verbatim from an issued Miranda admonishment card. indicated he understood each of his rights and provided an express waiver. Officer Hart initiated an in custody interview with and once that was complete I interviewed regarding the circumstances of his arrest. indicated he was out celebrating a birthday and had a "Few" drinks. said things went south Page 1 of 3Printed by: (422635) at 10/4/2020 20:57 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED when he came to Huntington Beach and that he was targeted. I asked him why he thought he was targeted and he said it was because he was tall and good looking, and then he proceeded to smile at me. said he did not get a chance to go into Hurricanes and I asked him what the problem was. He said, "I was the problem," and then attributed that to the way he looked and the way he was talking. I asked what he was saying and he said "Apparently I was intimidating." I asked if he was told not to go into the bar and he told me he was. He said an Officer with red hair had instructed him not to. later acknowledged he knew the person he was talking to was an officer based on his badge and his uniform. then said he questioned the officer. I asked him what happened when the officers tried to put handcuffs on him and he responded by saying, "I stood tall." I asked him if at some point he tried to turn around and talk to the officer and he said he did. I clarified by asking if that was when the officers were trying to put handcuffs on him and he responded by explaining "I wanted to try and understand the situation." I asked if it was his preference to look at the officer at that point and he said, "Yeah I`m a man." I asked if he thought the officer could have perceived that as a threat and he said, "No." He then said the officer could have perceived him as a threat because he is a tall male. said his hands were down the entire time and that he was being polite and cooperative. contributed the way he looked and his "mouth" to why the officer might have felt threatened. said he thought when he turned around to talk to the officer, that the officer lost his cool and said he himself "lost his mouth." denied putting up any kind of resistance and said he was standing still. I asked him why at that point the officer would not have been able to just put handcuffs on him. responded by saying the officer was not strong enough. I explained a great deal of strength would not be needed to handcuff a compliant person and he said, "What are you just going to let someone put handcuffs on you for being a human being." indicated that having the handcuffs put on him made him mad. said he was not kicking or screaming and that he was calm. I again asked him if he was just standing still when the officer tried to handcuff him and he said, "True." I asked him why it took force to handcuff him and he said, "Because I`m strong." He then denied putting up any kind of "Strong physical resistance." denied holding on to the hand railing where he got arrested and only said "I stood true to the railing." said the officers did not say anything to him during the arrest. said the injury to his eye and pain to both wrists were his only injuries. At the scene, had complained of pain to his wrists due to the tightness of the handcuffs. I watched as Officer Hasselbach adjusted the cuffs, double locked them, and I could see a space large enough for an index finger to fit between the cuff and the wrist on both hands. I concluded my interview with at that time. During my interview with I detected the moderate odor of an alcoholic beverage on his breath and person. Officer Aspeitia and Hasselbach both were treated for the injuries to their hands while at the hospital. After receiving treatment at Huntington Beach Hospital, was transported to UCI Hospital for further evaluation. I watched the video from the Hurricane`s bar and noted it depicted the account provided to me by the officers involved in the arrest. My interview with was recorded on my Axon 2 body worn camera. Officer Hasselbach also had an Axon 2 body worn camera activated during arrest. I notified Lt O`Brien of the circumstances of the arrest. Page 2 of 3Printed by: (422635) at 10/4/2020 20:57 Incident/Investigation Report Case Number: Huntington Beach Police Department 2017-011443 APPROVED Page 3 of 3Printed by: (422635) at 10/4/2020 20:57