NOGALES POLICE DEPARTMENT Offense Report

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1 Time : 9 : 3 0 : 2 7 Case Number Case Status Occur From Date: Day Of Week Drug Related? Common Name City.... County.... Beat Assignment: Shift Report Officer : Final Approval : Supervisory Emp: Entry Date Offenses? Names?. Narrative? Case Management: Addtnl Times? INFORMATION ONLY WEDNESDAY YES 530 W INTERNATIONAL NOGALES, AZ SANTA CRUZ MAP REFERENCE A2 Shift 3 GARCIA, QUINARDO ESCOBAR, RAFAEL ESCOBAR, RAFAEL NORZAGARAY, ANNA ST Dept Class. Case Status Dt : Occur To Date Alcohol Related: Map Reference Location Type North or South Report Date Property? Vehicles? Relationships? Related Cases? Rule 15 Page: 1 ASSIST BORDER PATROL 10/10/12 NO A2 RESIDENCE SOUTH DISTRICT ********************** A D D Case Number Date Responded 0/00/00 Date Cleared 10/11/12 2:54 I T I 0 N A L T I M E S *********************** Date Dispatched: 10/10/12 23:19 Date Arrived. 10/10/12 23:20 ************ C A S E M A N A G E M E N T I N F 0 R M A T I 0 N ************* Case Number Location Common Name Occur Date/Time: Rpt Date/Off Case Status Forwarded To Actions?. INFORMATION ONLY Dept Class. Case Status Dt Investigator Ticklers? ASSIST BORDER PATROL 10/10/12 ********* P E R S 0 N R E P 0 R T I N G I N F 0 Case Number Last Name Street Number City. County Business Phone Hair Color Hair Style. Glasses Facial Hair Build Citizenship Hand Use. Residency Type Religion. Status. NCIC Number NCIC Cancel Dt State Number Photo Number Hat 0/00/00 Home Phone No. Be On Look Out?: Hair Length Eye Color Complexion Teeth Speech. Weapon Held Caution Residency Sts Marital Status Grade NCIC Entry Date: FBI Number ID Number Arrest Case No. : Coat. - # 1 ********* GONZALEZ, MARCO 520/ /00/00

2 Page: 2 Shirt Shoes Pants Alt Address? (Continued) **************************** N A R R A T I V E # 1 *************************** Original Report Reported By: GARCIA, QUINARDO R. 10/11/12 Entered By.: GARCIA, QUINARDO R. 10/11/12 Reviewed By: ESCOBAR, RAFAEL Synopsis: This report documents an assistance to the U.S. Border Patrol that occurred on 10/10/2012 at approximately 2316 hours, at 530 W. International Street in Nogales, Arizona, Santa Cruz County. Narrative: On 10/10/2012 at approximately 2316 hours, I responded to 530 W. International Street, in reference to a report of suspicious subjects in the area. While en-route, the on-duty dispatcher informed me that the subjects seen were wearing camouflage pants and sweat shirts. As I drove into W. International Street, I immediately saw two male subjects, matching the description, jump the international boundary fence, and run across W. International Street, towards the residential housing at 448 W. International Street. The subjects, both matched the description provided by the reporting party and were also carrying a large taped bundle strapped to their backs. Based on my training and experience, I identified the bundles as marijuana and immediately called out the incident to assisting graveyard units. I asked for units to assist me in positioning themselves by the I-19 area. I stepped out of my vehicle and began to pursue the subjects on foot through the driveway, of the residence located at 448 W. International Street, yelling at the subjects commands to stop and identifying myself as police. I lost sight of the suspects in the dark, heavy brush surrounding the residence, and asked for units to respond to my location to assist me in searching the area, and avoid being possibly ambushed, should there be more suspects hiding in the area. During this time, I could still hear noises in the brush, as possibly being the suspects running in the area. Moments later, a U.S. Border Patrol Agent, arrived on scene and began assisting me in conducting a search of the area. While conducting a search of the area, I heard K9 Ofc. J. Zuniga #257, advise over the radio that he was on scene and would be stepping out of his vehicle to locate and assist me in conducting a search with the aid of his K9. While I continued to conduct my search, I heard Ofc. Zuniga alert other responding units and dispatch that there were rocks being thrown over the fence from Nogales, Mexico. Shortly after, I heard a loud

3 Page: 3 noise, which I identified immediately as a gunshot, and following after, several more gunshots. During this time, I continued to search the area and heard Ofc. Zuniga advise of shots fired and that it was possibly coming from Mexico. I immediately got behind cover, and remained in the area during the gunfire and asked for a unit to assist me in responding to my location to conduct a cover so that I could get to my unit and exit the area. After the gunfire seized, Ofc. Ortega #248, and Ofc. Molera #219, arrived on scene and assisted me in searching the area of the brush, with negative results in locating any suspects or bundles of contraband. I walked out of the area, and met with Ofc. Zuniga and several other Border Patrol Agents standing by the fence line, where I learned that a male subject that had been throwing rocks at agents from Mexico. The male subject had been shot by one of the U.S. Border Patrol agents. I saw that around the immediate area of the scene where the units were stopped at, there were many medium sized rocks scattered on the street and sidewalk. L.O. R. Escobar #224, on scene informed to remain on scene until F.B.I agents called by the U.S. Border Patrol arrived on scene to take my statement. Moments later, I provided the above mentioned statement to F.B.I. Investigators and later on the evening to U.S. Customs and Border Protection Internal Affairs investigators. I cleared with no further incident. **************************** N A R R A T I V E # 2 *************************** SUPPLEMENT Reported By: ZUNIGA, JOHN V. 10/11/12 Entered By.: ZUNIGA, JOHN V. 10/11/12 SYNOPSIS: THIS REPORT DOCUMENTS ADDITIONAL INFORMATION TO REPORT NUMBER , REFERENCE TO AN ASSISTANCE TO UNITED STATES BORDER PATROL, WHICH OCCURRED IN THE AREA OF 530 W.INTERNATIONAL ST. AT APPROXIMATELY 23:16 HOURS. NARRATIVE: ON THE ABOVE MENTIONED DATE AND TIME, POLICE COMMUNICATIONS DISPATCHED OFFICER_Q. GARCIA #233 TO THE AREA OF 530 W. INTERNATIONAL ST. IN REFERENCE TO TWO SUSPICIOUS MALES SUBJECTS IN THE AREA. OFFICER GARCIA RESPONDED TO THE AREA ALONG WITH MYSELF AND OTHER UNITS. OFFICER GARCIA REPORTED THAT HE SAW SEVERAL MALES SUBJECTS WITH MARIJUANA BUNDLES RUNNING INTO A RESIDENCE. AS I APPROACHED THE AREA WHERE OFFICER GARCIA'S PATROL VEHICLE WAS STATIONED AT, I SAW UNITED STATES BORDER PATROL AGENTS RUNNING TOWARDS THE AREA WHERE OFFICER GARCIA HAD CALLED OFF THE SUBJECTS.

4 Page: 4 OFFICER GARCIA THEN ADVISED THAT HE HAD SEVERAL SUBJECTS OUTSTANDING BEHIND ONE OF THE RESIDENCE'S AND WAS UNSURE WHERE THEY WERE AT. AS I WAS DRIVING IN I PASSED OFFICERS GARCIA PATROL VEHICLE AND I SAW TWO MALE SUBJECTS CLIMBING THE INTERNATIONAL FENCE AND WERE TRYING TO GET OVER TO THE COUNTRY OF MEXICO. I COULD SEE THAT THE MALE SUBJECTS WERE STRUGGLING TO HOLD ON TO THE METAL FENCE AND I GAVE THEM NUMEROUS COMMANDS TO CLIMB DOWN. ONE MALES SUBJECT THAT WAS WEARING A WHITE SHIRT SLIGHTLY LOST HIS BALANCE AND IT APPEARED THAT HE WAS CLIMBING DOWN ONTO THE U.S. SIDE. I THEN DECIDED TO DEPLOY MY ASSIGNED CANINE, TESKO, AND HOLD HIM ON LEASH AND SECURE THE AREA IN CASE THE MALES SUBJECTS CLIMBED DOWN. MOMENTS LATER ADDITIONAL BORDER PATROL AGENTS HAD ARRIVED ON SCENE AND WERE ALSO GIVEN INSTRUCTIONS TO THE TWO MALES ON THE FENCE TO GET DOWN. THE MALE IN THE WHITE SHIRT STATED HE WAS GOING TO COME DOWN BUT ASKED US NOT TO HURT HIM. THE MALE SUBJECT THAT WAS WITH HIM WEARING THE BLUE SHIRT WAS TELLING HIM IN SPANISH NOT TO SURRENDER AND TO KEEP CLIMBING. I COULD HEAR THE MALE TELL HIM, "DON'T WORRY THEY CAN'T HURT US UP HERE! WHILE COMMANDS WERE GIVEN OUT BY MULTIPLE OFFICERS, I COULD HEAR MALE SUBJECTS YELLING PROFANITY AT US FROM NOGALES, SONORA MEXICO. I THEN REQUESTED IF COMMUNICATIONS COULD HAVE NOGALES SONORA POLICE RESPOND TO ASSIST US FROM MEXICO, SINCE THE TWO MALE SUBJECT WERE AT THE TOP OF THE FENCE, AND STILL ON THE U.S. SIDE. I THEN SAW THE SECOND MALE SUBJECT, WHO WAS WEARING A BLUE SHIRT HELP THE OTHER MALE IN WHITE REACH THE TOP OF THE FENCE AND WERE TRYING TO CLIMB OVER TO THE COUNTRY OF MEXICO. I THEN HEARD SEVERAL ROCKS START HITTING THE GROUND AND I LOOKED UP AND I COULD SEE THE ROCKS FLYING THROUGH THE AIR. I ADVISED COMMUNICATIONS THAT WE WERE BEING ROCKED AND I ADVISED THE OTHER UNITS TO STAY CLEAR OF THE AREA. I THEN RAN FOR COVER ALONG WITH MY CANINE TO AVOID BEING STRUCK BY THE ROCKS. AS I TRIED TO GET COVER BETWEEN A BRICK WALL AND SMALL DIRT HILL, I HEARD AN AGENT SAID, "HEY YOUR CANINES BEEN HIT! YOU'RE CANINES BEEN HIT! AS I TRIED TO CHECK MY CANINE FOR INJURIES, I CONTINUED TO HEAR ROCKS STRIKE VEHICLES AND OTHERS HIT THE GROUND. I THEN HEARD SEVERAL GUN SHOTS GO OFF AND I SAW AN AGENT STANDING NEAR THE FENCE. I ADVISED COMMUNICATIONS THAT GUNSHOTS WERE BEING FIRED, AND I WAS UNSURE WHERE THE GUNSHOTS WERE COMING FROM AND WHO WAS FIRING THEM. I THEN ASKED A BORDER PATROL AGENT WHO WAS WITH ME IF HE COULD PROVIDE COVER FOR ME, WHILE I PUT MY CANINE BACK INTO MY PATROL VEHICLE SINCE HE WAS VERY STARTLED AND I WANTED TO AVOID GETTING BIT OR MY CANINE BITING SOMEONE ELSE. ONCE MY CANINE WAS SECURED IN MY VEHICLE I DON'T REMEMBER IF I HEARD ANYMORE SHOTS. I THEN TOOK COVER BETWEEN A BRICK WALL AND A DIRT HILL ALONG WITH OTHER BORDER PATROL AGENTS UNTIL THE

5 Time: 9: 3 0:2 7 Page: 5 SCENE WAS SAFE. I THEN HEARD AN AGENT SAY, "THERE IS ONE 10-7" WHICH MEANS OUT OF SERVICE OR NO LONGER ALIVE. I RELAYING WHAT I WAS HEARING TO COMMUNICATIONS AND MOMENTS LATER, MORE BORDER PATROL AGENTS ARRIVED ON SCENE. I COULD HEAR SIRENS APPROACH THE SCENE ON THE NOGALES, SONORA MEXICO SIDE. ONCE THE SCENE WAS SECURED ON BOTH THE U.S. AND MEXICO, I EXITED FROM COVER AND I WENT BACK TO MY PATROL VEHICLE TO CHECK ON MY CANINE PARTNER. I WAS UNABLE TO SEE ANY INJURIES, AND THE BORDER PATROL AGENT TOLD ME THAT WHEN WE WERE RUNNING FOR COVER, MY CANINE HAD BEEN HIT ON THE LOWER LEFT SIDE OF HIS BODY. I ADVISED COMMUNICATIONS THAT ASPER UNITED STATES BORDER PATROL, THEY DID SEE MY CANINE GET STRUCK BY A ROCK. I THEN PHOTOGRAPHED THE AREA WHERE MY PATROL VEHICLE WAS PARKED AND I COULD SEE SEVERAL ROCKS LAYING ON STREET AND THE GROUND AROUND MY PATROL VEHICLE. I WAS ASKED BY BORDER PATROL AGENTS TO STAY CLEAR FROM THE AREA, SINCE THERE WERE SPENT CARTRIDGES ON THE GROUND AND IT WAS CONSIDERED A CRIME SCENE. I WAS ASKED BY A PLAIN CLOSTHER BORDER PATROL AGENT IF I COULD REMAIN IN THE AREA AND PROVIDE A WITNESS STATEMENT TO A F.B.I. INVESTIGATORS THAT WERE RESPONDING TO THE SCENE. I SPOKE LEAD OFFICER ESCOBAR WHO WAS ALSO ON SCENE AND HE STATED THAT IT WAS ALRIGHT TO PROVIDE A STATEMENT. AT APPROXIMATELY 02:30 HOURS, I MET WITH AN F.B.I. INVESTIGATOR WHO ASKED ME SEVERAL QUESTIONS REGARDING WHAT HAD OCCURRED. I PROVIDED HER A VERBAL STATEMENT AND THE INTERVIEW WAS TERMINATED. THE INVESTIGATOR ASKED ME IF I COULD WAIT WHILE OTHER AGENTS PHOTOGRAPHED THE SCENE, SINCE MY PATROL VEHICLE WAS IN THE ARE WHERE THE SHOOTING HAD OCCURRED. I ALSO PROVIDED THE INVESTIGATOR WITH THE REPORT NUMBER. I WAS LATER ADVISED THAT IT WAS OKAY TO REMOVE MY PATROL VEHICLE FROM THE SCENE AND LEAVE THE AREA. NO FURTHER ACTION WAS TAKEN. * * * * * * * * * * * * * * * * END OF REPORT * * * * * * * * * * * * * * * * *

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