INTEROFFICE MEMORANDUM

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1 INTEROFFICE MEMORANDUM DATE: June 7, 2010 PHONE: FROM: Shannon L. Faherty Deputy District Attorney Victorville Office TO: Dennis Christy Assistant District Attorney Gary Roth Chief Deputy District Attorney SUBJECT: Fatal Officer-Involved Shooting Involved Officer: Sergeant Casey Jiles San Bernardino County Sheriff Department Victor Valley Station Deceased: Donald Sanchez, DOB 12/03/56, resident of Casaba Road, Adelanto, CA Incident: February 10, 2010, 1529 Hours Casaba Road, Adelanto, California Investigator: Detective Scott Landen San Bernardino County Sheriff Department Homicide Division Agency Report: DR H#17-10 STAR: SUMMARY Source of Information The Summary provided in this matter is based on the investigation and submitted reports of the San Bernardino County Sheriff Department Homicide Team assigned to the matter. Those reports include statements of all involved deputies including Sergeant Casey Jiles, civilian eyewitnesses, digital belt recordings, photographs, and call log. Page 1

2 February 10, 2010 Incident On February 10, 2010 at approximately 1529 hours, Michael Z. was walking to the library with his sister Darlene Z. and her friend Bridget P. 1 Suspect Donald Sanchez drove by and flipped off the three parties. Sanchez then drove back toward them, got out of his vehicle, reached into his pocket and pointed a handgun at Michael Z. Darlene Z. and Bridget P. ran toward their nearby apartment building yelling he has a gun. 2 Sanchez returned to his car as Deputy Antekeier of the Victor Valley Sheriff Station was driving through the area. Michael Z. waved down Deputy Antekeier and pointed out Sanchez, telling Deputy Antekeier that Sanchez had a gun. Deputy Antekeier transmitted over police radio that a Hispanic male had a gun pulled on him, and conveyed the license plate number of Sanchez s black Scion. Deputy Antekeier attempted to conduct a traffic stop on Sanchez who refused to comply. Sanchez rolled a stop sign and then failed to yield as he made a turn onto State Highway 395. Sergeant Casey Jiles was at the station working on reports and monitoring radio traffic when he heard the call by Deputy Antekeier. In his subsequent interview, Sergeant Jiles related that he specifically recalled hearing that the suspect had a gun. Sergeant Jiles joined the pursuit and positioned his vehicle behind Deputy Antekeier. Both vehicles had lights and sirens engaged. Sergeant Jiles authorized Deputy Antekeier to attempt a PIT maneuver on Sanchez, but the maneuver was unsuccessful. Sanchez pulled into a driveway at Casaba Road, Adelanto, California. The house is located across the street from Westside Park Elementary School which was in session at the time of this incident. Deputy Antekeier pulled into the driveway immediately behind Sanchez. Sergeant Jiles positioned his vehicle as to prevent Sanchez from possibly fleeing onto school grounds. In his interview, Sergeant Jiles expressed great concern over the possibility of the armed suspect fleeing onto school property and endangering the lives of students and staff, specifically because he believed Sanchez to be armed. Sergeant Jiles and Deputy Antekeier were immediately joined by Deputy Lastra and Deputy Alexander. Sanchez exited his vehicle with his hands to his sides. Sergeant Jiles and Deputy Antekeier drew their handguns and repeatedly ordered Sanchez to Show me your hands and Get on the ground. 3 Within seconds, Sanchez put his hands into the pockets of his jacket, despite the commands. Sergeant Jiles observed Sanchez s left hand moving inside the jacket pocket as if Sanchez were attempting to conceal an object or get something out of the pocket. Sergeant Jiles believed it was a handgun and he was in fear for his safety and that of Deputy Antekeier. Sanchez continued to refuse to comply with the orders. Sanchez took two steps toward Sergeant Jiles and Deputy Antekeier. Sergeant Jiles fired twice, striking Sanchez once in the chest. Sanchez did not fall and did not take his hand out of his pocket. Sergeant Jiles fired two more shots, one struck Sanchez in the head and he dropped immediately. Sergeant Jiles conveyed during his interview that the suspect presented no other options but lethal force and 1 Both Darlene Z. and Bridget P. are juveniles. 2 This was also reported by witness Sandra Gardner. 3 These commands can be heard on belt recordings and were confirmed by Sergeant Jiles, Deputy Antekeier, Deputy Lastra, Deputy Fifita, and civilian witnesses Ana C., Jesus C., Carmen F., Elizabeth M., Carmen S., Jesse S., Robert S., and Yasmine S. Page 2

3 that it would have been dangerous to close the distance between himself and the suspect. Sanchez died at the scene. When the Homicide Detectives arrived on scene, Sanchez was deceased and his left hand was still in his pocket. 4 ADDITIONAL INFORMATION Intoxication Levels of Decedent Donald Sanchez Specimen Alcohol Cocaine and/or Metabolites Cocaine Benzoylecgonine 5 Cocaethylene Femoral 0.25% None mg/l mg/l Blood Urine 0.25% mg/l mg/l mg/l Vitreous 0.28% mg/l mg/l mg/l Brain n/a None mg/kg mg/kg Liver n/a None mg/kg mg/kg Gastric n/a APPLICABLE LEGAL STANDARDS Arrest or Detention Use of Reasonable Force Duty to Submit A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. (California Penal Code Section 835a). Self-Defense/Defense of Others The (officer) acted in lawful self-defense or defense of another if: 1. The (officer) reasonably believed that he or someone else was in imminent danger of being killed or suffering great bodily injury; 2. The (officer) reasonably believed that the immediate use of deadly force was necessary to defend against that danger; AND 4 A firearm was never located. 5 Benzoylecgonine and Cocaethylene are metabolites of Cocaine. Per Bio-Tox, these levels are quite low and Donald Sanchez would have no longer been under the influence of cocaine. 6 Cocaine will remain in the urine for up to 12 hours after use while effects will last only 2-3 hours; this explains the discrepancy between no detection in some samples and the measurable levels of cocaine in the urine. Page 3

4 3. The (officer) used no more force than was reasonably necessary to defend against that danger. CALCRIM 505. Modified. - Instruction upheld. People v. Genovese (2008) 168 Cal.App.4 th 817, 832. It is appropriate to consider previous assaults by the aggressor against someone else or threats received by the (officer) from a third party that the (officer) reasonably associated with the aggressor. (See People v. Pena (1984) 151 Cal.App.3d 462, 475; People v. Minifie (1996) 13 Cal.4 th 1055, 1065, Justifiable Homicide: By Public Officer The (officer) is not guilty of murder/manslaughter if he killed someone while acting as a public officer. Such a killing is justified and therefore not unlawful if: 1. The (officer) was a public officer; 2. The killing was committed while arresting a person charged with a felony who was resisting arrest or fleeing from justice or while performing any other legal duty; 3. The killing was necessary to accomplish one of those lawful purposes; AND 4. The (officer) had probable cause to believe that the decedent posed a threat of serious physical harm, either to the (officer) or to others. CALCRIM 507. Modified. Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance 3. When necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with felony, and who are fleeing from justice or resisting such arrest. (California Penal Code Section 196). ANALYSIS AND CONCLUSION Decedent Donald Sanchez put into motion this series of events by committing an assault with a firearm on three victims. The information relayed over the radio between deputies conveyed that Sanchez had a gun in his possession. Sanchez then evaded deputies, ultimately stopping at a location across from Westside Elementary School, creating an increased danger to others. Sanchez ignored commands by the deputies to get on the ground and to show his hands. Instead, Sanchez put his hands into his pockets and advanced towards the deputies. At this point, Sergeant Jiles possessed a reasonable belief that lethal force was necessary to protect his life and the lives of others. After Sergeant Jiles fired twice, Sanchez still failed to comply with commands and Sergeant Jiles, again acting on a reasonable belief of a need to protect his life and others lives, fired again resulting in the death of Donald Sanchez. Page 4

5 It is the opinion of this Deputy District Attorney that the shooting was justifiable in self-defense and the defense of others and no criminal liability attaches to the conduct of any involved officer. Respectfully Submitted, SHANNON L. FAHERTY Reviewing Deputy District Attorney Approved: GARY ROTH Chief Deputy District Attorney Approved: DENNIS CHRISTY Assistant District Attorney Page 5

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