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HomeMy WebLinkAboutSLOPD 92024021 Redactedt.,,..... ARREST REPORT SO BK Nt 126733 SAN LUIS OBISPO POLICE DEPARTMENT SLO 30590 DR 92024021 Report Date: 01-26-92 Report IDt 9212950. B26459 IN' 9212950 section Code Title: . 664/187 PC'ATT. MuRDER FIRST DEGREE ARRESTEE INFORMATION: --------------------------------------- Name: LINO, ERIK EDWARD A. K. A: LUI~ ESTABAN )) Race: DL*: SSN: -- Scar/Mrk: Clothing: DK GREEN BAGGY PANTS/BLK SHIRT Residence AQdr: Emergency Contact: Employer7sch: Vehicle used: Home Phone: ( ) Work Phone: ( ) Emerg Phone: ( ) Occ/Grade: LABORER Means: Motive: Type premif?es: Lbc of Cr~me: Type Property:Connect. Rpts: BA Level: The Details can be found CRIME AND ARREST INFORMATION: ------------------------------- DAY TIME,V/PRESENT~WORKS W/ACCOMPLICE,USES FIREARM PHYSICAL HARM,ESCA~E ARRES~ P/L 1300 MADONNA/LONG'S DRUG STO Occ. on: 01-24-92 at 17:30 FIREARM or Btwn: at 92025007 Arrest Date: 01-25-92 at 15:30 Booked Date: 01-25-92 at 15:49 on a Continuation Sheet attached to this report. sor ,~I~ Reporting Officer(s) ID# Assmt. r:J Clayton, Gregory M. 26459 I A i~~;- ;;i~i-issm~. Date/Time Processed 01-~26-92 20:58 Dfs~8~ITION: Exception rres Unfounded [lg~~e~aintI~~~r~~OTHER COPIES or ACTION RE ES '-. l,rl L1' ARREST REPORT SO BKNlSANLUISOBISPOPOLICEDEPARTMENTSLO DR Report Date: 01-26-92 Report ID# 9212950.C26459 IN Section Code Title: 664/187 PC'ATT. MuRDER FIRST DEGREE ARRESTEE INFORMATION: --------------------------------------- Name: BARAJAS, MARTIN MARTINEZ . A.K.A: . Race: We1ght: Scar/Mrk: Clothing: JEANS/JKT 126728 30591 92024021 9212950 Residence AQdr: Employer7Sch: Vehicle used: Meal,ls: Mot1ve: Type Premil?es: Loc of Cr1me: Type Property: Cbfinect. Rpts: BA Level: The Details can be found CRIME AND ARREST INFORMATION~-~------------------------------- DAY TIME,V/PRESENT~WORKS W/ACCOMPLICE,USES FIREARM PHYSICAL HARM,ESCA.t"E ARRES'r P/L 1jOO MADONNA/LONG'S DRUG STO Occ. on: 01-24-92 at 17:10 FIREARM or Btwn: at 92025007 Arrest Date: 01-24-92 at 17:30 Booked Date: 01-25-92 at 06:29 on a Continuation Sheet attached to this report. s~~. or ~ ID# . Reporting Officer(s) ID# Assmt. jt] Clayton, Gregory M. 26459 I As igned o:ID# Assmt. Date/Time Processed 01-.26-92 20:25 D!s~5sITION: Exception rre Unfounded OTHER COPIES or ACTION RE SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 SOURCE: On 01/24/92 at approximately 1705 hours, I was contacted by San Luis Obispo Police Department Communications that a 211 PC had occurred at La Cumbre Savings Bank, located at 1360 Madonna Road. Additionally, I was advised by communications that shots had been fired between the fleeing suspects and San Luis Obispo Police Officer Victor NUNEZ. I responded to that location, arriving at La Cumbre Savings at approximately 1725 hours on 01/24/92. PROBABLE CAUSE STATEMENT: Two suspects enter La Cumbre Savings Bank and commit an armed 211 robbery of the bank. Suspects display weapons and threaten victims with weapons during course of robbery. Suspects then flee bank on foot directly toward Officer Victor NUNEZ. Ofc NUNEZ identifies himself as a police officer and orders both suspects to stop. Both suspects fail to comply with direct order from Ofc NUNEZ and fire their weapons at Ofc NUNEZ. Ofc NUNEZ returns fire, injuring one suspect. Suspects then flee area of shooting and enter a vehicle driven by the third suspect. All three suspects then flee the area. PRELIMINARY INVESTIGATION: When I arrived at La Cumbre Savings Bank, I was briefed by Lieutenant HAZOURI of the San Luis Obispo Police Department. Lt HAZOURI advised that two armed suspects had entered La Cumbre Savings Bank and had committed an armed robbery. He advised that the suspects then departed from the bank and fled in an easterly direction through the parking lot directly toward Ofc Victor NUNEZ. Lt HAZOURI advised that NUNEZ had positioned himself adjacent to a large cargo container which was in a paved alleyway adjacent to Long's Drugs. Lt HAZOURI advised that Ofc NUNEZ identified himself and ordered the suspects to stop. He advised me that Ofc NUNEZ saw both suspects with handguns in their possession. Lt HAZOURI advised that Ofc NUNEZ stated that both suspects raised their weapons toward him and began firing at him. Lt HAZOURI advised me that 1 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 Ofc NUNEZ returned fire, possibly injuring one of the suspects. Lt HAZOURI advised that the suspects then fled over a brick wall to the rear of Long's Drugs and into the residential area onto Galleon Way. I was then contacted by Captain TOPHAM of the San Luis Obispo Police Department. Capt TOPHAM advised that the suspect vehicle was a black Chevrolet Blazer which had been stopped by the San Luis Obispo County Sheriff's Office on Los Osos Valley Road near the cemetery. Capt TOPHAM advised that they had one suspect being detained at that location and had recovered a revolver. I was additionally advised that there was blood inside the vehicle, indicating that one of the suspects had been injured. Capt TOPHAM additionally advised me that the sheriff's office had pursued a stolen vehicle which had been commandeered by the two bank robbery suspects. The pursuit had terminated at Montana de Oro State Park. I was advised that the suspects had fled into the bushes and that the San Luis Obispo County Sheriff's Office had contained the area and were searching the area for both armed suspects. I then requested Lt HAZOURI to assign personnel to maintain the security of the shooting scene located adjacent to Long's Drugs. I advised Lt HAZOURI that I would conduct the investigation of the bank robbery and of the shooting scene in that sequence. I requested Lt HAZOURI to assign investigators to assist the sheriff's office with the stop on Los Osos Valley Road adjacent to the cemetery of the suspect in the black Chevy Blazer. Additionally I requested Lt HAZOURI to assign investigators to interview any and all witnesses that had been located who had observed the bank robbery and had observed the shooting. For additional information concerning those interviews, refer the supplemental reports by Detective HEDGES, Detective GILL, Detective FUNARO, Detective WEBSTER, and other uniformed personnel. For additional information concerning the shooting incident, refer the supplemental report filed by Ofc NUNEZ. After completing the briefing, I then contacted the Los AngelesofficeoftheFederalBureauofInvestigationandrequestedthat agents respond to assist with the investigation. 2 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 I then entered La Cumbre Savings Bank and conducted the investigation of the bank robbery. LA CUMBRE SAVINGS BANK INVESTIGATION: When I entered the bank, I was contacted by the branch manager who was identified as advised me that she had tripped the alarm. She advised that the cameras had been activated. I requested that she contact Great Western Alarm Company and have them remove the camera film for the FBI agents who were responding to this location. advised me that no employee of the bank had sustained any injury during the robbery. I advised that I was going to conduct separate interviews with each of the bank employees. I requested her to provide to each employee the bank robbery forms. I requested that each employee fill out the forms prior to the interview process. INTERVIEW - VICTIM/BANK TELLER/ I conducted an interview with at La Cumbre Savings Bank. identified herself as a bank teller working the Number Three window at the time of the robbery. She advised that she has been employed at La Cumbre Savings Bank for the past seven months. She stated that previously she was attending the University of Oregon in Portland, Oregon. I asked to describe the suspects to me. stated to me as follows: Susoect 1: sex: male race: Black/Negro, dark complexion age: 17 to 20 years height: 5'3" weight: 140 to 150, stocky build hair: Afro, bi-Ievel cut, long in the back, short on sides facial hair: none noted voice: excessive profanity, very nervous, deep voice 3 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 clothing: dark clothing with black shirt, white cloth over head jewelry: none noted tattoos: none noted weapon: armed with black handgun Sust>ect 2: sex: male race: Hispanic, dark skinned age: 20' s height: over 6' weight: 170 hair: not seen facial hair: not seen voice: calm, not nervous clothing: all black wearing black pullover mask jewelry: none noted tattoos: none noted weapon: not observed advised that she was working at the Number Three teller window. The windows are designated from the wall adjacent to the video store. She advised that there were no customers in the bank. She stated it was at approx 1700 hrs. She stated that she was talking with the other employees when the two suspects ran into the bank through the double doors facing Long's Drugs. She stated that Suspect 2 vaulted the teller counter directly in front of her and pushed her to the side. She stated Suspect 1 jumped up near the Teller Number One position onto the counter. She advised that she immediately saw that Suspect 1 had a weapon in his hands. stated that both suspects were yelling, "Give us your money." She stated that Suspect 2 was yelling, Open your second drawer." stated that Suspect 1 stayed behind the teller counter and directed at the tellers to empty their money drawers into a brown paper grocery sack. 4 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 stated that Suspect 2 went directly toward the branch manager, and stated, "I know you pushed the button." stated that when Suspect 1 came to her location, he directed her to give him the money out of the top drawer and the cash from the bottom drawer. estimates that she gave him approximately $200 from the top drawer and approximately $6,300 from the bottom drawer. stated that she did not give Suspect 1 any bait money. stated that Suspect 1 was extremely nervous and appeared to be in a panic. She stated that he was waving the gun around while running back and forth and pushing the tellers. stated that Suspect 1 stated, "I'll shoot you if you don't open these drawers." stated that after the suspect had emptied the teller drawers of cash, he then wanted the floor safe, which is behind the teller counter, opened. stated that one of the fellow tellers, whom she identified as stated that she would open the vault for the suspects. stated that while was on her knees attempting to open the floor vault, Suspect 1 placed the gun to the back of head. stated that the teller opened the floor safe, and the suspect requested that she put the tray of rolled quarters into the grocery bag. stated that when the coins were placed in the bag, the bag broke. The coins and all of the cash fell to the floor. stated that the suspect then took personal book bag from her drawer and emptied her books and personal contents onto the floor. stated the suspect then loaded the cash and coin into this bag. She described this bag as being a canvas book bag with a handle and shoulder strap. She stated it was 5 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 primarily black, however, it had multiple other colors on it. stated that during the course of Suspect 1 robbing the teller windows, she observed Suspect 2 direct the branch manager, to the back safe. stated that during the course of the robbery, she observed a White male adult with a mustache and beard, wearing a burgundy short-sleeve shirt and blue jeans, peek around the window of the bank and observe the robbery. stated that Suspect 1 also observed the subject looking at them. She stated that Suspect 1 then whistled loudly as a signal to Suspect 2. She stated that both suspects then departed, running out the front door with the money. She stated they ran straight out the door toward Long's Drug store. She stated that shortly after they began running through the parking lot, she heard gun fire. stated that she is sure that the cameras were activated. had no further information to relate to me at that time, and my contact with her was terminated. INTERVIEW - BANK TELLER/ I then conducted an interview with another La Cumbre Savings Bank teller. She was identified as advised that she is employed at La Cumbre Savings Bank as a part-time teller. She stated that she has been employed at La Cumbre Savings since 07/01/91. advised me that at the time the robbery occurred, she was working at Teller Window Two. I then asked to describe the suspects to me. stated as follows: Suspect 1: sex: male race: Black age: 22 years 6 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 height: 5'2" weight: 140, stocky build hair: dark, black Afro facial hair: none noted voice: deep voice, excessive profanity, very nervous clothing: dark green, baggy slacks with a black T-shirt also a white sweatshirt placed over head and shoulders tattoos: none noted jewelry: none noted weapon: black automatic pistol Suspect 2: sex: male race: unknown age: unknown height: 6'1" to 6'2" weight: thin hair: not noted facial hair: not noted voice: calm clothing: all black with a stocking mask pulled over face tattoos: none noted jewelry: none noted weapon: not observed advised me that Suspect 2 entered the bank first with Suspect 1 directly behind him. She stated that Suspect 2 stated, "Okay," and immediately pulled a mask down over his face. She advised that the mask did not have holes for eyes or mouth. She stated that Suspect 2 then jumped onto the teller counter at the Teller Position Three. She stated that Suspect 1 went directly to Teller Position One and jumped up onto the counter. She stated that she observed Suspect 1 with a gun in his hand as he came over the counter. She stated that he stated, "Open that fucking door." stated that Suspect 1 was out of control and in a complete panic during the course of the robbery. She advised me that Suspect 1 threatened each of the bank employees with a gun and physically 7 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 abused them by pushing them around. stated that she immediately complied with his request and opened the top drawer. She stated that the top drawer contained her operating money. She stated that the suspect slammed it shut and did not remove any of the cash from that drawer. She stated that Suspect 2 then ordered her to open the second drawer. She stated Suspect 1 also demanded the second drawer open. She stated she complied, and he advised her to remove the cash and place it into a brown paper grocery sack. stated that she believed she gave him between 3,500 and $4,000 in cash from her second drawer. advised that she was the first teller robbed during the robbery. She advised that Suspect 1 never went back to the first drawer at her teller position and did not make an attempt to obtain that cash. She advised that the suspect demanded that she open an additional drawer. She advised him that she did not have the keys to open that drawer and could not open the drawer. stated that after robbing her, Suspect 1 pushed her twice into the corner. stated that Suspect 1 then went to teller window and began to rob her location. stated that after the suspect had robbed each of the teller positions, he demanded that the floor safe be opened. stated that went down on her knees to open the combination to the safe. She advised that Suspect 1 placed a gun to head while she was kneeling to open the safe. stated that the end of the gun barrel was touching the back of her head directly. She stated that Suspect 1 then stated to I'll shoot you." stated that was able to open the safe. The safe was for rolled coin only. stated Suspect 1 wanted the coins dumped into the bag. stated that when the tellers put the coins into the bag, the bag broke, spilling the contents onto the floor. stated that Suspect 1 then grabbed personal 8 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 book bag and dumped the contents onto the floor. described this bag as being a canvas, briefcase-style, primarily black book bag with accent colors of turquoise and hot pink. She advised the suspect then put the coin and cash into that bag. She stated she then heard one of the suspects whistle as a signal. stated that during the robbery, she had no idea what Suspect 2 was doing because he was out of sight after the initial moments of the robbery. stated that the suspects never mentioned names while they were conducting the robbery. She advised after the suspects whistled to each other, they immediately ran from the bank, carrying the money and their weapons. She stated that the suspects fled straight out the doors and directly through the parking lot toward the alleyway adjacent to Long's Drugs. stated she heard three or four gun shots shortly after the suspects had left the bank. stated that she did not give the suspect any bait money. She stated that she would be unable to identify Suspect 2 due to the mask over his face. She stated that she could identify Suspect 1. INTERVIEW - BANK TELLER/ is employed as the vault teller at La Cumbre Savings Bank. advised that she has been employed at La Cumbre Savings Bank for two-and-a-half years. She stated that she was working at Teller Window Four at the time of the robbery. I asked to describe the suspects to me and she stated as follows: Suspect 1: sex: male race: dark-skinned, possibly Hispanic age: 18 to 20 years height: 5'7" weight: 130 to 140 pounds, stocky build hair: black 9 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 facial hair: not noted voice: excessive profanity, very deep and gravelly clothing: all dark clothing with a white cloth or sweatshirt over his head and shoulders tattoos: none noted jewelry: none noted weapon: black revolver gloves: black with fingers of glove cut off Suspect 2: sex: male race: Hispanic age: 18 to 20 height: 6' weight: 170 hair: not observed facial hair: not observed voice: calm clothing: all black with white long-sleeved shirt underneath dark clothing. Long-sleeved, white shirt pulled down over hands. Dark-colored mask pulled over face. No eyes or mouth areas cut out. tattoos: none noted jewelry: none noted weapon: not observed advised me that there were no customers in the bank at the time of the robbery. She stated she observed two men enter the bank in a rapid fashion through the two front glass doors. She stated that Suspect 2 stated, "Okay, you guys know what to do." She stated Suspect 2 then pulled a mask down over his face. She stated Suspect 2 jumped up onto the teller counter directly in front of Teller Position Three. She stated Suspect 1 went to Teller Position One and jumped also onto the counter. She noted that Suspect 1 was carrying a weapon at that time. stated that the branch manager, immediately confronted the suspects and argued with Suspect 2. stated that was ordering the suspects to leave the bank. stated that Suspect 1 robbed first. 10 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 She advised that was instructed by the suspect to place the money in a brown paper bag. She stated that Suspect 1 then went to teller station and robbed her. stated that during the robbery of the first two tellers, she locked her drawers. She stated that Suspect 2 told Suspect 1 and the tellers to have the bottom drawers opened. advised that when the suspect reached her location, she opened her top drawer, which contained the bait money, and handed him the money. She stated she then opened her second drawer and took out the money and placed it also in the bag. She advised that Suspect 1 then pushed her out of the way and reached in and removed a bundle of $100 bills from her second drawer. stated that she was able to push aside a $500 bill out of the suspect's view. stated that Suspect 1 then noticed the floor coin vault directly adjacent to her teller window. She stated that he requested that it be opened. advised him that she would open it. She stated that Suspect 1 pushed her down to the vault and onto her knees. She advised that the suspect then put the gun directly to her head and advised her that he would shoot her if she didn't open the safe. advised that she managed to get the combination to work and then inserted the key and opened the safe. She advised me that the safe contains only rolled coin. She stated that Suspect 1 instructed her to remove a hundred-dollar tray of rolled quarters and to place them into the bag. She stated that when she did this, the grocery bag broke, spilling the cash and the coin to the floor. stated the suspect then removed her personal book bag and dumped its contents onto the floor. She stated he then put the cash and coin into the bag. described the bag as being a vinyl attache'- style case which was purple and blue with a hand strap and also with a shoulder strap. 11 SAN LUIS OBISPO PO~ICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 She stated immediately after loading the money into the attache'-style bag, the suspect stood up and began whistling. She stated that the whistle was a signal to Suspect 2. She stated she then heard Suspect 2 state, Ariba, ariba." She stated the suspects then fled from the front doors and ran toward Long's Drugs. stated she continued to watch them as they ran. She stated she both heard and saw shots being fired. She stated she saw one suspect raise his weapon and fire in the direction of a uniformed police officer. She stated she heard two or three rounds being fired. She stated she could not tell me which of the two suspects was firing the gun. She stated she observed the suspects continue to run toward the back of Long's Drugs after firing the weapon at the uniformed police officer. estimates that the suspects robbed her of between $5,800 and $5,900 in cash. ERPENBACH stated that she could positively identify Suspect 1. INTERVIEW - BANK BRANCH MANAGER/ I then recontacted the branch manager, I asked to describe the suspects to me and she stated as follows: Suspect 1: sex: male race: light-colored Black male, Negro age: 23 years height: 5'4" weight: 130, medium build hair: dark Afro style facial hair: none noted voice: not noted clothing: dark clothing with a white-colored sweatshirt over his head and shoulders tattoos: none noted jewelry: none noted weapon: dull-finished handgun 12 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 Suspect 2: sex: male race: Hispanic age: 20's height: 6'1" to 6'2" weight: 170, thin build hair: not noted facial hair: not noted voice: Spanish accent, calm voice clothing: all black with a black cotton turtleneck top and black cotton waist stretch pants with black shoes and black gloves, black knit stocking cap pulled over face, no holes cut for eyes or mouth tattoos: none noted jewelry: none noted weapon: not observed, however, outline of weapon noted tucked into waist advised me that, when she was seated at the New Accounts desk facing the double window and adjacent to the teller counter, she observed the two suspects enter the bank. She stated she observed the suspects to jump onto the teller counter. She stated at that time, she reached for and activated the 211 bank alarm. She stated after activating the alarm, Suspect 2 stated to her, "I know what you're doing. Don't do that." She stated Suspect 2 then stated to the tellers, "Open your second drawers." She stated that Suspect 1 had and ordered her to open her drawers. She stated that Suspect 2 instructed to "tell your girls to open their drawers". stated she then came around her desk and confronted Suspect 2, ordering him to leave the bank immediately. She stated that Suspect 2 then walked directly in front of her and placed his clenched fist in front of her face, telling her to "fucking cooperate". She stated that Suspect 2 then told her that this was a robbery. 13 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 She stated Suspect 2 then escorted her to the vault located in an adjacent room. She stated as Suspect 2 stated to her, "I don't want to hurt anyone so open the safe." stated she told the suspect that she was trying to open the safe. She stated Suspect 2 then stated to her, "Don't fuck with me. Open the safe." stated that she continued to try to open the safe even though she knew that it was impossible for her to open the safe by herself. stated that Suspect 2 instructed Suspect 1 to have the tellers open the small floor safe which was adjacent to the teller counter. She stated at one point during her confrontation with Suspect 2, she was instructed to feel the gun that was in his waist. She stated he never did actually show the weapon, however, she recognized the outline of a gun in his waist. She advised that while attempting to open the rear safe for Suspect 2, she heard Suspect 1 whistle. She stated Suspect 1 and Suspect 2 then fled. She stated she last saw the suspects running along the alleyway adjacent to Long's Drugs. She stated she then heard one gun shot. stated that she was positive she could identify the short suspect which was Suspect 1. She stated it would not be possible for her to identify Suspect 2 due to the mask on his face. INTERVIEW/BANK TELLER - I then conducted an interview with who identified herself as a loan processor for La Cumbre Savings Bank. stated she has been employed off and on at the bank since March of 1989. stated that her desk is La Cumbre Savings Bank office. prepared to leave the bank and in front of the teller counter prior to departing through the located in the rear of She stated she was had been in a position talking to the tellers front doors. She stated 14 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 that her back was to the suspects as they entered the bank. I asked to provide me with a description of the suspects. stated as follows: Suspect 1: sex: male race: Black male age: 15 to 17 years height: short, 5'2" weight: stocky build hair: black facial hair: none noted voice: possible accent, excessive profanity, very nervous clothing: black or navy blue clothing with a white sweatshirt on the head, dark pants tattoos: none noted jewelry: none noted weapon: blue steel, possibly .22 caliber, revolver with three to four-inch barrel Suspect 2: sex: male race: Hispanic age: 15 to 17 years height: 6'2" weight: thin hair: not observed facial hair: not observed voice: Hispanic with excessive profanity, use of the word "fuck", additionally Spanish words stated by suspect clothing: black clothing with a white long-sleeved sweatshirt underneath. Sleeves of white sweatshirt pulled out over hands. No gloves observed. Black sneakers with no socks. Heavy, uncut corduroy pants. Mask was a stocking cap. Long, loosely knitted with no holes cut for eyes or mouth. tattoos: none noted jewelry: none noted weapon: possible automatic handgun stuck in front waistband. Right-hand draw. Only outline of weapon observed. 15 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 stated that she stayed in front of the counter during the entire robbery, and the suspects never instructed her to do anything. stated that she was fearful to move, so she remained in the same location during the entire robbery. stated that the robbery took between three and five minutes to complete. stated that she could not see what the suspect was having the tellers put the money into during the robbery. She stated that Suspect 2 was yelling commands to the tellers. She stated that Suspect 1 vaulted the counter and went to teller position and began robbing her. She stated that Suspect 2 exited from behind the teller's counter, through the gate, and began arguing with the branch manager, stated that Suspect 2 confronted adjacent to a desk. She stated that Suspect 2 stated to I'm not fucking kidding, Lady." stated that Suspect 2 pointed his finger into face and then indicated to her that he wanted her to touch the gun that was in his waistband. She stated that Suspect 1 finished robbing then robbed and then She stated that Suspect 2 took to the back room where the vault is located. stated that Suspect 1 put onto her knees at the coin floor safe. She stated she observed him place the gun directly into her head and pull back the hammer. stated that she could observe what she believed to be the firing pin on the hammer. She stated that Suspect 1 became angry with and was yelling profanities at her and threatening to shoot her. stated while Suspect 1 was down below the level of the counter robbing the floor safe, she observed a White male in a burgundy shirt walk by and look into the bank. stated that she mouthed to that subject to call police. stated that she 16 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 believes that the suspect who walked by and observed the robbery was not a suspect but a possible witness. She stated she heard Suspect 1 whistling as a signal to Suspect 2. She stated she heard several Spanish words spoken by Suspect 2. She stated that the suspects then fled, running out the front door, with Suspect 1 carrying a purple canvas bag. She stated she observed them run across the parking lot directly toward the alleyway adjacent to Long's Drugs. stated that she locked the door immediately after the suspects left. stated as the suspects were running, she observed the sweatshirt which was covering Suspect 1 to falloff. Additionally she observed a currency bill fly out of the bag Suspect 1 was carrying. stated she then heard shots. She stated she heard possibly three shots. stated that she could not identify Suspect 2 because of the mask he was wearing. She stated that she could positively identify Suspect 1. After concluding my interviews with the victim tellers, I then contacted the assistant vice president of La Cumbre Savings Bank. He was identified as advised me that he had completed an audit of the possible loss. advised that there were several postings which had not been completed prior to the robbery. He stated he believes that the actual loss could be less than that amount. also provided me with the bait money list. The bait moneyisin $5 denominations. The bait money list is attached to this report. advised me that on 01/27/92, a complete and verified audit would be conducted at the bank. He stated, at that time, he would be able to provide me with the exact loss. The teller interviews were conducted with the assistance of FBI Special Agents Bob LADD and Ed MILLER. For additional information, refer to the FBI report. 17 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 At the conclusion of my reports, I briefed San Luis Obispo Police Department Evidence Technician Darrell KLASEY. I requested that KLASEY do a complete physical evidence examination of the bank scene. For additional information, refer his supplemental reports. 664/187 POLICE OFFICER SHOOTING SCENE INVESTIGATION: At the conclusion of my investigation at La Cumbre Savings Bank, I then proceeded directly to the shooting scene which was approximately 100 yards from the main entrance of the bank. At that location, I contacted FST CAUDILL of the San Luis Obispo Police Department. CAUDILL then walked me through the shooting scene. I noted at the shooting scene four empty brass casings located on a dirt area adjacent to the cargo container. This was the location where Ofc NUNEZ had been positioned and where he had fired upon the suspects. I also noted a location on the cargo container where it was apparent that a bullet had struck the cargo container. This location was adjacent to the position of Ofc NUNEZ. FST CAUDILL then showed me a lead projectile which was laying adjacent to the curb near the back wall of Long's Drugs. This projectile was deformed. This projectile appeared to have been the result of a ricochet. Adjacent to the projectile located in the gutter adjacent to the curb, I observed a $100 bill laying at that location. With the assistance of Special Agent Robert LADD of the FBI, I conducted a cursory search of the area for additional bullet holes or empty brass casings. At the time of my inspections, it was dark, and there was inadequate lighting in the area. I then terminated my search due to the lighting restrictions. The scene was then turned back over for security to FST CAUDILL. 18 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 I then recontacted Evidence Technician KLASEY and indicated to him how I wanted the evidence collected at the shooting scene. I also requested that measurements be taken of the locations of all pertinent evidence. For additional information, refer Evidence Technician KLASEY's supplemental reports. After concluding my examination of the shooting scene, I then proceeded with Special Agent LADD to the San Luis Obispo Police Department. FOLLOW-UP INVESTIGATION: At the San Luis Obispo Police Department, I was advised that one suspect was in custody and at the police department in a holding cell. This suspect was identified to me as Martin Martinez BARAJAS, DOB of 12/17/63. I was advised by Detective FUNARO that BARAJAS speaks very little English and is primarily Spanish speaking. INTERVIEW - S/BARAJAS: An interview with BARAJAS was conducted at the San Luis Obispo Police Department. This interview was conducted at approximately 2130 hours on 01/24/92. Detective FUNARO translated during the interview. Suspect/BARAJAS was advised that he was in custody for 664/187 PC and for 211 PC. Both charges were explained to BARAJAS by Detective FUNARO. BARAJAS was then advised of his rights Detective FUNARO. Suspect/BARAJAS was read indicating his rights in Spanish. this form. in Spanish by given a form to BARAJAS signed BARAJAS waived his rights and agreed to answer questions. I asked BARAJAS, through Detective FUNARO, if he had been involved in the bank robbery and shooting incident. BARAJAS stated that he had been the victim of a kidnapping by the two suspects. He stated that he had been driving on a street near his residence in Ventura when he was stopped and kidnapped by the two suspects. BARAJAS would not provide us with the names 19 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 of the suspects. BARAJAS stated that he had been driving his black Chevy Blazer when he had been kidnapped by the two suspects at gunpoint. BARAJAS indicated that they placed a gun to his head and kidnapped him. BARAJAS stated that he then drove the two suspects to San Luis Obispo from the Ventura area. He stated that he drank beer with the suspects while they were driving to San Luis Obispo. BARAJAS stated that the suspects held him against his will while they "did their thing". BARAJAS indicated that the "do their thing" was the bank robbery. When I confronted BARAJAS and asked him why he didn't leave the area and report the kidnapping the police when both suspects were in the bank robbing it, BARAJAS refused to answer the question. It was apparent that BARAJAS had problems with his story due to the fact that there were no other suspects holding him against his will when they were, in fact, in the bank committing the robbery. BARAJAS stated that after the robbery, he chased the suspects in his black Chevy Blazer so that he could draw attention to the suspects so that the police would apprehend them. When I confronted BARAJAS with the information that we had witnesses which had observed him picking up both suspects and leaving the scene of the robbery and subsequent shooting at a high rate of speed, BARAJAS put his head down and refused to answer. It was apparent to all investigators in the room that BARAJAS was lying to investigators about what had occurred. It was also apparent that no additional information could be obtained from BARAJAS. It was obvious that BARAJAS was protecting the two suspects that had committed the robberies. It was apparent that BARAJAS had been the driver for the two suspects. I advised BARAJAS that he should tell the investigators what had occurred. BARAJAS continued to refuse to respond to our questioning. 20 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 BARAJAS was then placed back into a holding cell at the San Luis Obispo Police Department. No further interviews of BARAJAS were conducted. While completing additional follow-up work, I was contacted by the command post which was set up by the San Luis Obispo County Sheriff's Office at Montana de Oro. They advised me that one of the suspects that they had been searching for had given himself up. I then responded to Montana de Oro Park with Special Agent LADD and Special Agent MILLER. At that location, we received from Sergeant Martin BASTI of the San Luis Obispo County Sheriff's Office the suspect. The suspect was identified at Timothy Shawn COOK. COOK was removed from Sgt BASTI's vehicle and placed in the rear of my unmarked vehicle. COOK was complaining of pain to both his right and left arms. COOK explained that he had been a victim of a drive-by shooting recently in Ventura and had had pins and a plate placed into his right forearm where a 9 mm bullet had shattered the bone. COOK stated additionally that his other hand was also hurting him. He stated he had been injured when he was taken into custody by the sheriff's deputies. COOK advised that the other suspect was still in the bushes near Coon Creek. He advised us that the suspect was known to him only as "Easy". COOK stated that the Suspect/Easy had sustained a bullet wound to his right lower leg. COOK stated that the police officer had shot this suspect in the leg. COOK stated that the bullet wound had gone through the bone. COOK advised that he was unable to stop the bleeding on this suspect and had tied a tourniquet to his leg. COOK stated he gave himself up because he believes that the other suspect was dying and was in need of medical care. Additionally COOK advised us that he had been standing in approximately five feet of water for several hours. When COOK was taken into custody, he did not have any weapons or money on his person. I then transported COOK back to the San Luis Obispo Police Department where he was questioned. 21 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 INTERVIEW - S/TIMOTHY COOK: On 01/25/92 at 0330 hours, I conducted an interview with Suspect/COOK at the San Luis Obispo Police Department. Present during the interview were Special Agent Robert LADD and Special Agent Ed MILLER of the Federal Bureau of Investigation. While obtaining the identification information from COOK, he advised us that he was previously a~rested by Ventura Police Department for the robbery of Barclay's Bank. He stated that he was prosecuted by federal authorities and sentenced to three-and-a-half years at federal prison for bank robbery. He stated that he was a mandatory release and was not on parole or probation at this time. COOK stated that he had been out of prison since 12/21/90. COOK stated that his prison number was 8593-012. COOK then explained to us that he had been recently shot in the right forearm with a 9 rom bullet during a drive-by shooting on Ventura Avenue. COOK stated that Ventura Police Department did an investigation of the shooting. During the interview process, COOK complained of pain to his right arm and also to his left hand. I advised COOK that following the interview, he would be taken for medical attention. I then advised COOK of his rights per DA Form 7. When asked if he understood his rights, he stated, "Yes." When asked if he wished to waive his rights and answer questions, COOK stated, "I don't have anything to say." COOK repeated that several additional times. It was obvious that COOK invoked and would not answer any questions. I then terminated my interview with COOK. I then had Crime Scene Investigator Officer Bob ESPINO take numerous Polaroid and 35 rom photographs of Suspect/COOK. It should be noted that COOK was wearing a dark-colored jacket and dark, uncut corduroy pants with no socks and black shoes. COOK's physical and clothing description matched that as of Suspect 2 as 22 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 described by the victim tellers at La Cumbre Savings Bank. After the photographs were completed, COOK was placed back in the holding cell adjacent to Suspect/BARAJAS. INVESTIGATION: I then decided to place COOK and BARAJAS in a marked patrol unit with a tape recorder in the front seat. Ofc ESPINO placed the tape recorder in the front of the patrol unit and activated it. Ofc ESPINO then placed Suspect/BARAJAS in the back of the patrol car. I then assisted Ofc ESPINO with placing COOK in the back of the patrol car. Suspect/COOK made several statements while in the back of the patrol car. One of the primary statements made by the Suspect/COOK was directed to BARAJAS. COOK stated, "We told you if the cops come, we was gonna shoot 'em." COOK then continues to sing a song indicating that he would "shoot cops". For additional information concerning the statements made by the Suspect/COOK and the Suspect/BARAJAS while in the back of the patrol unit, refer the transcription of the suspects in the patrol car which is attached to this report. After the tape recording of the suspects in the patrol car was completed, Suspect/BARAJAS was transported to the San Luis Obispo County Jail where he was booked and incarcerated for 664/187 PC and 211 PC. BARAJAS' bail was set at $250,000. Suspect/COOK was transported to the San Luis Obispo County General Hospital where he was treated for his injuries. Suspect/COOK sustained a broken left hand. Suspect/COOK was treated and released and then transported to the San Luis Obispo County Jail where he was also booked and incarcerated for 664/187 PC and numerous counts of 211 PC. Suspect/COOK was booked for one count of 211 PC concerning the robbery of La Cumbre Savings Bank. Suspect/COOK was booked for three additional counts of 211 PC and one count of 664/211 PC based on information received from Detective Robin WECKERLY of the San Luis Obispo Sheriff's Office. For additional information, refer San Luis Obispo Sheriff's Office Case #9201- 01273 for additional information. 23 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 FOLLOW-UP INVESTIGATION: After concluding the contacts with Suspect/COOK and Suspect/BARAJAS, I was completing additional follow-up work when I was recontacted by the San Luis Obispo County Sheriff's Office Command Post at Montana de Oro. Detective Sergeant Jim MULHALL advised me that the final suspect had given himself up at approximately 0630 hours on 01/25/92. Detective Sergeant MULHALL advised that the suspect had, in fact, sustained a gun shot wound to the lower right leg. He stated that the suspect had given himself up just prior to a line search which would be conducted through the brush at daylight. Detective Sergeant MULHALL also advised that Special Agent LADD of the FBI had recovered a large sum of the cash stolen in the bank robbery. Detective Sergeant MULHALL advised that the cash had been located submerged in Coon Creek. Detective Sergeant MULHALL advised me that the final suspect was going to be transported by San Luis Ambulance Company to San Luis Obispo General Hospital for treatment of the gun shot wound. I responded to San Luis Obispo General Hospital and was present when the final suspect arrived at that location. I Lmmediately noted that the suspect matched the description of Suspect 1 given by the La Cumbre Savings Bank employees. While this suspect was being treated, I requested that Ofc Vic NUNEZ respond to San Luis Obispo General Hospital Emergency Room for identification of the suspect. Ofc NUNEZ arrived and Lmmediately identified this suspect as being the suspect that had shot at him. Additionally Ofc NUNEZ identified him as being the suspect that he had observed exit the front doors of La Cumbre Savings Bank and run directly toward him while clutching a bag containing money and a hand gun. I then attempted to identify this suspect. Suspect advised me that his name was Luis ESTABAN. Additionally he advised a date of birth of 01/31/70. I requested communications attempt to verify this information. Communications attempted to verify this subject's identification on several attempts. The information provided by the suspect could not be verified. I believed at 24 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 that time, that the suspect was providing false information. I directed Crime Scene Investigator Ofc Dion VAICIUS to obtain rolled prints from the suspect while he was being treated. Ofc VAICIUS obtained the rolled prints and provided them to Sheriff's Detective Robin WECKERLY. Detective WECKERLY later provided those prints to Jim CLARK who entered them into the California ID computer system. The suspect was then positively identified as LINO, Eric Edward, DOB of 01/31/68. While the suspect was being treated at San Luis Obispo General Hospital Emergency Room, I advised him of his rights per DA Form 7. On 01/25/92 at 0859 hours, I advised him of his Miranda Rights. When asked if he understood his rights, he stated, Yes." When asked if he wished to waive his rights and answer questions, he stated, "Yes." At the time of this interview, LINO had received no medication for pain. I asked LINO if he had, in fact, robbed La Cumbre Savings Bank. LINO replied, "Yes." I then asked LINO where he had obtained the gun. LINO stated that he purchased the weapon on the street in Santa Barbara from a Black male. He stated he paid $80 cash for the weapon. I asked LINO to describe the weapon to me. LINO stated that it was .38 caliber revolver. He stated that the ammunition came with the gun when he purchased the gun. I asked LINO where he had met Suspect/COOK. LINO stated that he had met COOK approximately three months prior on the beach in Santa Barbara while he was drinking. LIND continued advising that Martin BARAJAS had driven the truck to the bank robbery. He stated that BARAJAS was the driver of the truck following the bank robbery. I asked LINO if he had placed the gun to the teller's head during the robbery. LINO stated, "I probably did." I then asked LINO who had shot at the police officer who had confronted them. LINO stated, "Probably Tim did." I then asked LINO if he recalled shooting at the police officer. LIND stated, "No sir. I don't remember." LINO advised that he had placed the money in a bag during the robbery. LINO stated that he knew that Tim also had a gun in his waistband during the robbery. LIND stated that he had talked with Tim about the robbery. He advised me that Tim was the other person inside the bank with him during the robbery. 25 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 LINO advised that he was residing in a 1972 Oldsmobile parked outside of 307 Margarita Street in Santa Barbara. LINO stated that he is employed as a window cleaner for "some old man". LINO was uncooperative and evasive during the questioning process. At the time of the questioning, I had not learned of LINO's true identity. I then terminated my contact with LINO due to medical treatment he was receiving. While at the hospital, I observed the x-ray of LINO's leg. He had sustained a gun shot wound to the lower right leg which had broken the tibia bone, and the bullet had continued through, lodging in the upper portion of his inside calf. Dr. NEWELL was the treating physician for LINO at San Luis Obispo County General Hospital. Dr. NEWELL advised that LINO would have to have surgery to repair the broken leg bone and to remove the bullet. Dr. DEVINE completed the surgery on LINO. For additional information, refer medical records. After concluding my contact with the Suspect/LINO, he was turned over to the custody of Ofc VAICIUS of the San Luis Obispo Police Department. I did not place LINO into custody at this time. LINO was being detained for the necessary medical treatment to his leg. After completing my contact with LINO, I responded back to the San Luis Obispo Police Department and prepared an order for housing of Suspect/LINO at the California Men's Colony Hospital. For additional information, refer copy of that order attached to this report. The order was presented to Superior Court Judge Chris MONEY for his review and signature. Superior Court Judge MONEY reviewed the order and signed same. On 01/25/92 at approx 1500 hours, Officer BRESNAHAN transported a copy of the signed order and a copy of the prebooking form for LINO to the San Luis Obispo County Jail. At that time, LINO was booked into the San Luis Obispo County Jail. San Luis Obispo County Sheriff's Office then dispatched a correctional officer to stand guard on LINO until he can be transferred from San Luis Obispo County General Hospital to the California Men's Colony 26 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 Hospital. After I had dispatched Ofc BRESNAHAN to the San Luis Obispo County Jail, I proceeded to San Luis Obispo County General Hospital and contacted LINO. I advised LINO that I was placing him into custody for violation of 664/187 PC and 211 PC. LINO was advised that these charges stemmed from his involvement in the robbery of La Cumbre Savings Bank and the shooting at Police Officer Victor NUNEZ. LINO's bail was set at $250,000. At San Luis Obispo County General Hospital ER, prior to the initial questioning of LINO, I searched his pants pocket. In the presence of Special Agent Ed MILLER and Sheriff's Detective Robin WECKERLY, I recovered $1,141 in United States currency from his back pocket. Eight $100 bills were located with a paper clip. Ten $20 bills were located with a rubber band around them. The money was double-counted in the presence of the other two law enforcement agents. The money was then transported by me to the San Luis Obispo Police Department where it was sealed and turned over to Evidence Technician KLASEY for storage. Refer his property report for additional information. BANK LOSS: On 01/26/92, I was advised by Special Agent Robert LADD that approximately $13,530 in cash had been recovered from Coon Creek in the Montana de Oro State Park. LADD advised that the money had been submerged and had been subsequently transported to the FBI office in Santa Maria to dry out. I then advised Agent LADD that I had also recovered 1,141 from Suspect/LINO at San Luis Obispo General Hospital. Additionally I advised Agent LADD that a 100 bill had been recovered at the shooting scene, and an additional $50 bill had been recovered inside the stolen Toyota Tercel by San Luis Obispo County Sheriff's Detective Bill BOWKER. Special Agent LADD, with the assistance of San Luis Obispo Detective GILL, was presently investigating a report from an anonymous citizen that a female subject 27 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 had picked up money which had been discarded by the suspects as they fled from Los Osos. Special Agent LADD stated that during the course of that investigation, he had recovered 40 additional dollars. I advised LADD that an exact audit would be conducted on 01/27/92 by officials of La Cumbre Savings Bank. I stated that,t at that time, the exact amount of money taken from the bank would be known. I then contacted Sheriff's Detective Robin WECKERLY. I requested WECKERLY to request from her supervisors that an additional search be conducted at Montana de Oro State Park in the Coon Creek area on 01/27/92 in an attempt to locate any missing currency taken in the bank robbery. FOLLOW-UP: The search of the Coon Creek area on 01/27/92 will be conducted also in an attempt to locate any additional weapons used by the suspects. At the time of this report, only one weapon has been recovered. For additional information, refer Detective GILL and Evidence Technician KLASEY's supplemental reports. In regards to the officer-involved shooting, a review of Ofc NUNEZ's report and of the findings by Evidence Technician KLASEY will be conducted. PHYSICAL EVIDENCE: Refer Evidence Technician KLASEY's reports. Refer supplemental reports for any additional evidence seized by other investigating officers. Ofc VAICIUS recovered the expended bullet which was removed from Suspect/LINO's right leg during surgery. Refer Ofc VAICIUS' supplemental report. Also refer San Luis Obispo County Sheriff's Office reports for additional information concerning property seized from the suspects and both suspect vehicles. 28 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 ARREST REPORT 92024021 92025007 SUMMARY: Suspect/COOK and Suspect/LINO enter La Cumbre Savings Bank to commit an armed robbery of the bank. Suspects complete the armed robbery. During the course of the robbery, Suspect/LINO assaults the victim tellers and places a loaded weapon to the head of one victim teller and pulls the hammer back. Suspect/LINO threatens to shoot the victim tellers. Suspect/COOK and Suspect/LINO flee bank carrying a large sum of money, initially estimated at $17,000 in cash and coin. Suspects run directly to a perimeter position adjacent to Long's Drugs which is occupied by San Luis Obispo Police Officer Victor NUNEZ. Ofc NUNEZ observes the suspects from the time they exit the bank to the time they arrive at his location. Ofc NUNEZ observes the suspects carrying bags and handguns. Ofc NUNEZ orders the suspects to stop and to drop their weapons. Ofc NUNEZ is a uniformed police officer and is clearly identifiable as such. Suspects refuse to comply with his request and instead open fire on Ofc NUNEZ. Ofc NUNEZ returns fire at the suspects, striking one suspect in the lower right leg. Ofc NUNEZ retreats to cover, and both suspects escape. Suspects are observed entering into a black full-sized Chevy Blazer which is driven by Suspect/BARAJAS. Suspect/BARAJAS then leaves the area at a high rate of speed and proceeds westbound on Los Osos Valley Road toward Foothill. At Foothill Blvd, Suspect/LINO and Suspect/COOK attempt to commandeer several vehicles. For additional information, refer San Luis Obispo County Sheriff's Office investigative reports. DISPOSITION: Cleared by arrest. Investigation continuing. G.M. CLAYTON #26459 ~!"'r a. ~~ - #~~9/rl n~. A~ '_Reviewed by: ~ ~ =- CLAYTON, #26459, kkr, 01/26/92 at 1835 hrs 29 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT TRANSCRIPTION OF SUSPECTS IN PATROL CAR COOK: "You found some." (sound of something whistling through the sky) "Eric snuck in the store." BARAJAS: uttered noise COOK: (sound of something whistling through the sky) BARAJAS: "Hey, fucking it's over." (in Spanish) COOK:That's what they say. I don' t know. Was you sleeping?" (snoring noise) "Have you called? Did they give you a phone call? A phone call? Huh? How long have you been here? Huh?" BARAJAS: "Here?" COOK:Yeah, how long?" "What happen?" (in Spanish) BARAJAS: "I don't know." COOK: "I don't know." (sang loudly) COOK: "Hey, the jacket and stuff?" (in Spanish) 172 West Harrison, you know?" (in Spanish). Can you remember that or tell him?" BARAJAS: "You don't know me (in Spanish), man. Right?" COOK: "That's what I said." "Ah, what a crazy." in Spanish) "Don't worry, don't worry." Stay tranquil." (in Spanish) BARAJAS: unknown words COOK: "Huh?" 1 92024021 92025007 COOK: COOK: COOK: COOK: COOK: COOK: SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT What? What? Crazy." (in Spanish) I was supposed to what do we say turn this way (whistle), huh? We told you if the cops come, we was gonna shoot 'em. (singing the following) As the cops, the cops, don't shoot us who loves you. Shoot I love the cops? Should I, should I, shoot? Should I, should I, should I shoot a cop? I love the cops. Should I, should I, should I, should I?" Fuckin' hungry (some words)." (big yawn) They fuckin' broke my fuckin' arm. (soft whistle) You didn't even tell them nothing, right? Mr. VATOS (sic) knows nada, right?" Alright." 92024021 92025007 Spanish statements interpreted by Detective I. FUNARO #36035 ESPINO, #33610, kkr, 01/26/92 at 1321 hrs (024021s2.kr) 2 OFFICER'S REPORT SAN LUIS OBISPO POLICE DEPARTMENT DR# 92024021ReportDate: 01-25-92 Report ID# 9212950.A66666 IN# 9212950 Subject: SUPPLEMENTAL/664/187 PC & 211 PC This Report taken: 01-24-92 17:00 Loc. of Occurrence: 1360 MADONNA Connecting Reports: PROPERTY DETAIL Quan Stat 1 E Owner: S Article Manufac/Color Mdl/Ser# UCR Value CLOTHING DIRTY WHITE T-SHIRT C TOTAL VALUE OF PROPERTY:00 The Details can be found on a Continuation Sheet attached to this report. Su r . / ~ /.- ID# Reporting Officer(s) L28zJ: Nunez, Vlctor S. Assi ed to:ID# Assmt. Date/Time Processed 01-25-92 13:55 g1iig~~~g~i::r~~~~~~~~~ nRE~ Unfounded ID# Assmt. Rep. Off. Signature66666P by Div/Clk lCo~plaint Requ~st Actlve Inactlve SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 SOURCE: Dispatched. PRELIMINARY INVESTIGATION: On 01/24/92 at appro x 1700 hrs, I was patrolling eastbound in the100blkofMadonnainamarkedpatrolunit. I was monitoringradiotrafficasunitswerebeingdispatchedtoapossiblearmedrobberyinprogressattheLaCumbreSavingsBank, 1360 Madonna.Dispatch advised that two men were seen wearing ski masksenteringthebankandjumpingoverthecounter. I activated myemergencylights, no siren, and responded to the 1300 block ofMadonna. I turned off my emergency lights as I pulled onto thefrontageroadonthenorthsideofMadonna. I drove to withinapprox3/4 block from the dead end of Madonna as it ends at theparkinglotoftheLagunaVillageShoppingCenter. I exited my patrol unit and began to approach on foot. The lastresidenceontheroadpriortotheshoppingcenter, 1266 Madonna,has a brick retaining wall which runs in a north/south directionalongthepropertyline. From this view, I could see the frontglasswindowsofthebank. I could see into the two glass doorsofthebankbutsawnomovement. There was a Hispanic maledressedinaredpullovershirtandredcapwhowalkedfrom thedirectionofthevideostoredirectlynorthofLaCumbreSavingstothefrontendofthebank. He was leaning over and lookingintothebankasifhewastryingtoobservesometypeofactivityinthebank. He then turned and looked away from thebankandwalkedbacknorthinthedirectionofthevideostore. Seeing no other 'activity, I moved westward to a large bluerecyclingbin. From this position, I had a clear view in throughthefrontdoorsofthebank. Directly beyond the two glass doorsappearedtobethetellercounter. I could see a White femalewithblondehairbehindthecounter. She appeared to befranticallymakingsometypeofaction, and then at one point,she bent down behind the counter out of my view. Dispatch wasadvisingthattheywerenowreceivinga211alarm. I saw two suspects now exiting the bank. Both were walking in aeastbounddirectiondirectlytowhereIwasconcealed. They wereatleast100yardsawayatthispoint. Both suspects appeared tobepullingsometypeofgarmentoffoftheirheads. At least oneofthesuspectswasremovingaT-shirt which may possibly have 1 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 been wrapped around his head. The suspects momentarily hesitated and began to walk north as iftheyweredisoriented. They then continued eastbound toward mydirection. I saw one of the suspects dropping a white cloth intheparkinglot. I advised communications that it appeared twosuspectswereexitingthebankandwalkingtowardmydirection. I described Suspect 1/ (S1/) as a White male, appro x 6' to 6'2",180 to 200 pounds, short, brown hair, wearing a blue windbreaker-type jacket and khaki pants. Suspect 2/ (S2/) appeared to be adark-skinned Hispanic or Black male adult, appro x 5'6" or 5'7",140 pounds, wearing a blue jacket and possibly dark-coloredpants. Both suspects were holding their arms downward, bent attheelbows, with their forearms parallel to the ground as if theywerecarryingsomething. Both subjects were jogging at a fastpace. As the suspects closed the distance half-way, it appearedtomethattheywereholdingweapons. The suspects continued through the parking lot eastbound towardmylocation. As they cleared the parking lot entrance, it wasapparentthattheyweregoingtocontinueeastwardtomylocation. I remained concealed behind the recycling bin due to apoorlineoffirewithciviliansbehindthesuspects. When thesuspectswereapproximately25yardswestofme, they were now atalocationsothatthebackgroundwastheLong's Drug Store. Thesuspectscontinuedtojogeastboundtoadistanceofapproximatelyfifteenyards. I then identified myself stating,Police officer. Stop where you are." The suspects continuedalongtheirpathwhichwasnowbeginningtotakethemtoapointwheretheywouldbeinlinewithmypositionofcover. I continued to order the suspects to stop, identifying myself asapoliceofficer. Both suspects slowed the pace and looked in mydirection. Both suspects were within one to two feet of oneanotherwiththeBlackmaleslightlyinfrontoftheWhitemale.I could see that the White male was holding a blue steel handguninhisrighthandatwaistlevel. The suspects had reached a point to where they were within tenyardsofmylocationandwerejeopardizingmypositionofcover.When both suspects reached a point where the recycling bin was nolongerofferingsufficientcover, the White male turned hishandgunanddirectedittomylocation. S2/, the Black male, wasmakingasimilartypeofmotion, however, my concentration was 2 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 immediately directed to the initial suspect. Fearing that I nolongerhadapositionofcover, that the suspects were armed, hadjustcommittedafelony, and that they were refusing to complywithmyorderstostop, I felt that my life was now in jeopardy.I fired my handgun once in the direction of S1/ and began toretreatbackwards, approximately six to seven feet to gain apositionofcover, again behind the trash bin. The suspectscontinuedintheireastwarddirection. Almost simultaneously tothefiringofmyweapon, I heard the trash bin next to me beingstruckbywhatIbelievedtobethesuspectdischarginghisweapon. I continued following the suspects in my line of sightwithmyhandgununtilIreachedtheedgeofthetrashbinandwasabletotakecover. I last saw the suspects as they were running behind Long's. IradioedtocommunicationsthatIneededassistanceandthatshotswerebeingfired. Having lost sight of the suspects, I retreatedtoMadonnaRdbehindatelephonepoletogivemyselfawiderviewofthealleyway. There are trees bordering the retaining wallwhichrunsbehindtheshoppingcenter. There was motion in thesebrancheswhichcausedmetobelievethatthesuspectmayhaveattemptedtoclimboverthebrickwall. I advised respondingunitsofmyobservationsandbegantodirectin-coming units to apositionforaperimeter. While doing so, a UPS truck was driving from the north side oftheshoppingcomplextomylocation. I waved him out of the areainconcernforhissafety. The UPS driver pulled out ontoMadonnaRddirectlybehindme. He asked if I was looking for theguyswhohadruntotheBlazer. The UPS driver, whom I did notidentify, told me that a Blazer had been parked behind theshoppingcenterinthealley. It had then sped away at a highrateofspeedwestboundthroughtheparkinglot, then turnednorthboundonLosOsosValleyRoad. I requested thatcommunicationsbroadcastanimmediateredbulletinin regards tothisvehicle. Believing that the suspects had fled my immediate location, IwalkedtotheLaCumbreSavingstocheckthestatusofemployees.They had locked themselves in the bank and were told by me tokeepthebanksecuredandtheemployeesinside. There was a number of bystanders now beginning to gather in thearea. I seized the white cloth which I found to be a T-shirtfromparkinglotduetotheamountofpeoplenowcominginto the 3 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 area and the lack of immediate personnel to secure that portionofevidence. I then remained in the area in which the shootinghadoccurreduntilrelievedbyDetHEDGESandLtHAZOURI. NFD DISPOSITION: Active. NUNEZ, #66666, kkr, 01/25/92 at 0811 hrs (024021s1.kr) 4 OFFICER'S REPORTSANLUISOBISPOPOLICEDEPARTMENT DR# 92024021ReportDate: 01-27-92 Report ID# 9212950.A17845 IN# 9212950 Subject: SUPPLEMENTAL/664/187 PC This Report taken: 01-24-92 17:00 Loc. of Occurrence: 1360 MADONNA RD Connecting Reports: DR 92025007 PROPERTY DETAIL Quan Stat Article Manufac/Color Mdl/Ser# UCR Value 1 E FIREARM SMITH & WESSON 5926Owner: SLOPD 9 MM STAINLESS STEEL/B TFA6624 1 E FIREARM SMITH & WESSONOwner: SLOPD 11 LIVE ROUNDS IN PIST G TOTAL VALUE OF PROPERTY: G 400.00 30.00 430.00 The Details can be found on a Continuation Sheet attached to this report. sor 'lq~ 7 Reporting Officer(s) Jtt Blanke, Dan1el R. A signed o:ID# Assmt. Date/Time Processed 01-~27-92 14:53 D~S~OSITION: Exception rest UnfoundedOTHERCOPIESorACTIONREEST ID# Assmt. Rep. Off. Signature17945P j---- 1 COIJlplaint Re@~st {) Act1ve Inact1ve SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 DETAILS: I was the on-duty watch commander, and I was in the station whenOfcNUNEZreturnedfromLaCumbreSavingsBankimmediatelyfollowingtheshooting. I met NUNEZ in the armory. In thepresenceofDetectiveFUNARO, I watched Ofc NUNEZ unholster hisSmith & Wesson Model 5926 pistol. He unloaded it by ejecting themagazineandthenworkingtheslidetoejectasingle9mmroundfromthechamberofthepistol. NUNEZ emptied ten rounds fromthemagazine. I recounted the 9 mm rounds to confirm that thepistol, with a total capacity of sixteen rounds, contained elevenroundsofammunitionwhenOfcNUNEZreturnedtothestation. Ibookedthepistolandammunitionintoevidence. DISPOSITION: Cleared by arrest. BLANKE, #17845, kkr, 01/27/92 at 1140 hrs (024021s3.kr) 1 OFFICER'S REPORT SAN LUIS OBISPO POLICE DEPARTMENT DR# 92024021ReportDate: 01-27-92 Report ID# 9212950.A67877 IN# 9212950 Subject: SUPPLEMENTAL - 664/187 PC FOUND EXPENDED BULLET ROUND This Report taken: 01-24-92 17:00 Loc. of Occurrence: 1557 GALLEON Connecting Reports: 92025007 ADDITIONAL PEOPLE INVOLV~DCODE: V=Vict, W=wit, C=Comp, P=Parent, G=Guard1an, SUB=Subj, S=Susp Code: RP Name: Veh/Other: Emp: AKA: PROPERTY DETAIL Quan Stat Article 1 E FIREARM Owner: SLOPD Manufac/Color Mdl/Ser#UCR Value EXPENDED LEAD BULLET R G TOTAL VALUE OF PROPERTY:00 The Details are as follows: IMMEDIATELY FOLLOWING THE EXCHANGE OF GUNFIRE BETWEEN THE 211 PC SUSPECTSANDOFCNUNEZ, THE RESIDENT OF 1557 GALLEON HEARD HER SOUTH-FACING KITCHEN WINDOW BREAK. DISCOVERED THAT A BULLET HAD GONETHROUGHTHEGLASSANDSTRUCKTHECURTAINROD. CONTACTED ME DURING OUR SEARCH FOR THE SUSPECTS AND TURNED THE EXPENDED BULLET ROUNDOVERTOME. THE ROUND APPEARED TO HAVE STRUCK SOMETHING PRIOR TO GOINGTHORUGHTHEWINDOWDUETOITSAPPEARANCE. LIEUTENANT HAZOURI WAS ADVISEDTHATTHEWINDOWCOULDBEPHOTOGRAPHEDLATERASACRIMESCENEINVESTIGATORWASNOTAVAILABLEATTHETIME. THE BULLET ROUND WAS BOOKED INTO EVIDENCE. DISPOSITION: CLEARED BY ARREST. ID# Assmt. Rep. Off. Signature67977P by Div/Clk LJ..lCO~P~:=:~-~:~~:~ D---Unfounded Act1ve Inact1ve OFFICER'S REPORTSANLUISOBISPOPOLICEDEPARTMENT DR# 92024021ReportDate: 01-27-92 Report ID# 9212950.A33610 IN# 9212950 Subject: SUPPLEMENTAL - 664/187 PC CSI This Report taken: 01-24-92 19:15 Loc. of Occurrence: 13600 MADONNA/LA CUMBR Connecting Reports: 92025007 PROPERTY DETAIL Quan Stat Article Manufac/Color Mdl/Ser# UCR Value 2 E CAMERA Owner: SLOPD 1 E FIREARM Owner: S 1 E Owner:v CURRENCY PHOTOS OF SUSPECT VEHI ARMIN IUS 4" LOADED REVOLVER/WOO US ROLL OF QUARTERS F 586594 38 CALIBER G A 2 3 MISC Owner: SLOPD BLOOD SAMPLES/Q-TIP SW K TOTAL VALUE OF PROPERTY:00 The Details can be found on a Continuation Sheet attached to this report. D# Rep9rting Officer(s) tJ Esp1no, Robert S. A igned :ID# Assmt. Date/Time Processed 01-27-92 14:54 Normal DistributionbSPOSITION: Exception ~ UnfoundedOTHERCOPIESorACTIONRE~ ID# Assmt. Rep. Off. Signature33610P lCo~plaint Reqy~st Act1ve Inact1ve SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 SOURCE: Radio call assigned. INVESTIGATION: On 01/24/92 at approximately 1845 hours, I was assigned to assisttheunitsinthecollectionofevidenceonasuspectvehiclethatwasdetainedinLosOsos. I drove out to Los Osos, and I arrived at approximately 1915hours. I contacted Detective GILL. Detective GILL requestedthatIphotographthesuspectvehicleandalsocollectcertainpiecesofevidencethatmightbedestroyedbeforetransportingthevehicletothepolicedepartmentforfurtherprocessing.Detective GILL pointed out that he wanted a blood samplecollectedfromthepassengersidefloorboarddoorandalsocollecttherollofquartersthatwasfounddirectlynext to thepassengerdoor. He also showed me the revolver that was found inthevehicle, and he requested that I collect that as evidence. SCENE: The scene will consist of a 1982 Chevrolet Silverado Blazer,CA plates 1FNN506. Upon arrival, that vehicle was foundwithboththedriverandthepassengerdoorswideopen, andtherearslidingwindowhadalsobeenopened. The vehiclehadbeentapedoffwithcrimeevidencetape, and there was aCHPOfcSHORTwhowasdirectingtrafficatthescene. Theweatheratthistimewasclear, and the temperature was mildbutcool. The suspect vehicle was parked in a northerlydirection, parked off to the side of the road in front of1648LosOsosValleyRoad. PHOTOGRAPHY: The following photographs were taken at the scene. Roll 1: 1) Photo of the slate showing the case number, my name, and date 2) Photo of the front view of the vehicle 1 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 3) Photo of the driver's side of the vehicle 4) Photo of the rear of the vehicle 5) Photo of the passenger side of the vehicle 6) Photo of the close-up of the driver's side 7) Photo of the driver's side interior 8) Photo of the revolver in the rear portion ofthevehicle 9) Photo of the revolver with the scale 10) Photo of the rear interior of the vehicle 11)Photo of the coins that were found outside ofthevehicleinthepassengersideonthe ground Photo of the coins with the scale Photo of the blood stain on the passengerfloorboardside 12) 13) Roll 2: 1) Photo of the slate showing the DR number, myname, and the date 2) Photo of the blood stains on the passengerfloorboardsidewiththescale 3) Photo of the blood stain on the right rear passenger side that was on the bag and coins 4) Photo of the blood stain on the right rear passenger side with the scale 5) Photo of the blood stain in the rear middleofthecarpetandastrawhat 6) Photo of the blood stain in the rear middleofthecarpetandastrawhatwithascale 2 92024021 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 7) Photo of a black stocking hat which is belowthepassengersideseat 8) Photo of the blood stain in the right rear passenger seat 9) Photo of the blood stain on the passengersidearmrestintherear 10) Photo of the overall picture of the vehicle showing its location at 1648 Los Osos ValleyRoad EVIDENCE COLLECTION: The first piece of evidence that I collected in this case was the revolver which was found in the rear portion of the vehicle. I handled the revolver withouttouchingitandusedonlymypentoplaceitinapaperbag. The second piece of evidence that I collected wastherollofquarterswhichwasfoundnexttothe passenger's door. The third piece of evidence that Icollectedwassomebloodsampleswhichwerefoundonthepassengersidedoorpanel. These three items werecollectedonlybecausetheitemsmayhavebeen destroyed or disturbed while transporting the vehiclebacktothestation. It should be noted that the revolver that I collected was a .38 caliber, four-inch revolver with grips. ThebrandnamewasArminius, serial number 586594. Therevolverwasloadedwithsixrounds, but two of theroundshadbeenexpended. All of these items werebookedintoevidenceatSanLuisObispoPolice Department. After completing the collection of evidence, I haddispatchdispatchmeatowtruck. SLO Tow respondedandtowtruckerdrivertookchargeofthevehicle. Prior to turning the vehicle over to the towtruckdriver, I advised him that the vehicle was beingbookedintoevidence, and I would appreciate if hewouldnottouchanythinginthevehicle. The vehiclewasthentransportedtoSanLuisObispoPolice 3 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 Department where it was placed into a locked garage.This vehicle will later be processed by ID TechnicianDarrellKLASEY. DISPOSITION: Cleared by arrest. ESPINO, #33610, kkr, 01/27/92 at 1352 hrs 4 OFFICER'S REPORTSANLUISOBISPOPOLICEDEPARTMENT DR# 92024021ReportDate: 01-27-92 Report ID# 9212950.B33610 IN# 9212950 Subject: STORED VEHICLE REPORT This Report taken: 01-24-92 20:40 Loc. of Occurrence: 1648 LOS OSOS VALLEY RConnectingReports: 92025007 ADDITIONAL PEOPLE INVOLV:e;D .CODE: V=V1Ct, W=W1t, C=Comp, P=Parent, G=Guard1an, SUB=Subj, S=SuspCode: RO/DR Name: BARAJAS, MARTIN DOB: DL# :Addr: CSZ: VENTURA, CA Age: S~x: M Race: H HP: ( t.. ) WP: ( )Eyes: Ha1r: wt: H Veh/Other: Emp: AKA: Code: LO Name: rBJ CIANO AUTO BROKERS DOB: DL# :Addr: 520 N HARBOR BLVD CSZ: SANTA ANA, CA 92103Age: S~x: Race: HP: ( t.. ) WP: ( )Eyes: Halr: wt: H Veh/Other: Emp: AKA: PROPERTY DETAIL Quan Stat Article Manufac/Color Mdl/Ser# UCR Value1EVEHICLE82CHEVROLETBLAZEROwner: RO BLK/LIC IFNN506 IG8EK18L8CF149188 K TOTAL VALUE OF PROPERTY: .00 The Details are as follows: SUSPECT/BARAJAS WAS TAKEN INTO CUSTODY FOR 211 PC. VEHICLE WAS IMPOUNDEDASEVIDENCEANDTAKENTOSANLUISOBISPOPOLICEDEPARTMENTFORFURTHERPROCESSINGOFEVIDENCE. DISPOSITION: CLEARED BY ARREST. Df Rep9rtinq Officer(s) Esp1no, Robert S. A igned o:ID# Assmt. Date/Time Processed 01-27-92 14:19 Normal DistributionSPOSITION: Exception ~~~ UnfoundedOTHERCOPIESorACTIONRE ID# Assmt. Rep. Off. Signature33610P lCO~p~:~:~=~:~~; l~-- Act1ve Inact1ve I STATUS ITEM STO-nED VEHICLE INFORMATION IVJ i? 2-YEAR &.MAKEIC-Ht:v'to El S /1 v~ OD~ JA Z:BL 1.1~# I~ YEAR REG. I ~"',...~u" e;;2...i~A~(VIN# L OWNER VALUE W """. "M'. "m '" "" 'OM'" 0' "eo",,, '0"" ' Z2':;:5'(h> Q. u (?LOCATION TOW~D/RECOVERED FRO~ A. J I ~ WAS NEIGHBORHOOD OR AREA CHECKED FOR WITNESSES, LEADS, CLUES? IF "YES",I (p t..J 8'"' (.0S OS 'OS V Il CY. EXPLAIN IN REMARKS OR ON SEPARATE SHEET(S). f-- [] YES 0 NO LI~; STO;~ t::;NC7N ;DE /to;:;; ttt:iLsq3:t~;; S~~;tEED AT TELEPHONE NUMBER CONDITION AND INVENTORY (Use Remarks SDace or attach seDarate descriDtions as needed,)DRIVEABLE fHAVE YOU ENTERED MISSING, IDENTIFIABLE PARTS IN SVS? IlCL YES [J NO [] UNKNOWN [J YES [J NO ITEMS YES NO ITEMS YES NO TIRES/WHEELS I ~ONDITION 1':. REGISTRATION LEFT FRONT I~O CAMPER ALT/GENERATOR ^' RIGHT FRONT I ( BATTERY 1;< I x DIFFERENTIAL I~ l;< TRANSMISSION IIX AUTOMATIC (tJ<.... ODOMETER READING 3 8"3 L/. J. CONDITION YES NO Describe fully in remarks space WRECKED SEAT (front) SEAT (rear) ITEMS'IDENTIFICATION NUMBER BURNED DY METAL STRIP VIN SWITCH K.. ADDITIONAL VEHICLE INFORMATION: ENGINE NUMBER DOES VIN COMPARE WITH REG, CARD YES /!,!Q VIN ALTER YE~ / NOVINCLEARINSVSYES / NO L1C. NUMBER CLEAR IN SVS YES / NQ VEH, RETURNED TO OWNER YES / NOPAYMENTSCURRENTYES / NO / UNR DOORS LOCKED YES / NO IGNITION LOCKED YES / NO j ~ RADIO 1)< TAPE DECK h, TAPES (# x.... OTHER RADIO IGNITION KEY CARGO VANDALIZED LEFT REAR I \ I \ VESSEL AS LOADENG/TRANS STRIP RIGHT REAR FIREARMS MISC. PARTS STRIP SPARE(S)OTHER MANUAL HUB CAPS (# WHEELS UCR QUESTIONS FOR RECOVERED AND STOLEN VEHICLE: A - AUTOMOBILE A - STOLEN LOCALLY/RECOVERED LOCALLY D _ NOT RECOVEREDB - TRUCK OR BUS B - STOLEN LOCALLY/RECOVERED OTHER C - OTHER MOTOR VEHICLE C - STOLEN OUT OF TOWN/RECOVERED LOCALLY REPORT NA~IVE: (NOTE: ent.er narrative in this section, only if entire narrativ~ can be cO!}Jl?/eted on space pro~d.)nl~ Q.2 $~ tv~ 7"4.K-.Cf.-1 I~Tn u..,SJ71~\/ TOiL L/l f. e.. .- V~] E.. /t.-/\s or. A nu~ uQFfJ Ii::> f5J ,;:;fi;1 CE PnJ 0 (7}.{c" .JC-, I Th .s La P. D - cfzxL ~ "-71-1 E:It. fh...o ~, t'\!. " f- Eu I DB Ic.::e: REGISl./t;;~;,.j gMelkn\-:J ADDRESS IIt:AtrvtILA EASE ~'1TE AN~PEFJAL RELEASE INSTRUCTIQNS OR RESTRICTIONS.J..k) f\J (Jf KE J EA.sc - t: v I a D/C.E; I ( E'FICE~DERINGl]H('l.E STORED (signature) p~ 1 >....^ r 1.0. NUMBER I GARAGE PRI~I'r'\ OR ACX'NT STORING VEH (signature) p I~ '""'r\Y .. CJ~ ..I A _ DA IE ANDf~ME I rz-ll fTZ 2'o(/~ RECOVERY TELETYPE (date and number) VALUATION, RELEASE, DISPOSITION REQUIRED NOTICES SENT TO REGISTERED & IF NO IS CHECKED, INDICATE REASONLEGALOWNERS (Sec. 22852 VC) I ] YES iJ NO DATE AND TIME OF APPRAISAL o AVA PROGRAM APPRAISED VALUE APPRAISING OFFICER'S SIGNATURE TO (List Storage Company) St:D t.-J SVI A 10.6-89 OFFICER'S REPORTSANLUISOBISPOPOLICEDEPARTMENT DR# 92024021ReportDate: 01-27-92 Report ID# 9212950.A88180 IN# 9212950 Subject: SUPPLEMENTAL - 664/187 PC This Report taken: 01-25-92 13:30 Loc. of Occurrence: GENERAL HOSPITAL Connecting Reports: 92025007 ADDITIONAL PEOPLE INVOLV~DCODE: v=vict, W=Wit, C=Comp, P=Parent, G=Guard1an, SUB=Subj, S=Susp Code: W Name: DEVINE, SEAN MD DOB: DL# :Addr: CSZ: Aqe: S~x: Race: HP: ( ) WP: ( )Eyes: Ha1r: wt: Ht: Veh/Other: Emp: GENERAL HOSPITAL AKA: PROPERTY DETAIL Quan Stat 1 E Owner: Article Manufac/Color Mdl/Ser#UCR Value 3 E Owner: 1 E Owner: CLOTHING SLOPD CAMERA SLOPD FIREARM SLOPD OLIVE PANTS/BLOOD STAI KODAK ROLLS 35 MM FILM C F EXPENDED BULLET G TOTAL VALUE OF PROPERTY:00 The Details can be found on a Continuation Sheet attached to this report. or ,ID# Repo~ting Qfficer(s) Va1c1us, D10n A. signed :ID# Assmt. Date/Time Processed Ol-2~~:52 Dts~gSITION: Exception rr Unfounded ID# Assmt. Rep. Off. Signature88180P by Div/Clk ,( / lf---lCo~plaint Re@~st Act1ve Inact1ve SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 DETAILS: On 01/25/92 at approximately 0805 hours, I was at the San LuisObispoCountyGeneralHospitalEmergencyRoom. I was assistingdetectiveswiththesuspectwhohadjustbeenbroughtfromLosOsosviaambulance. The suspect had a single gunshot wound tohislowerrightleg. I took several photographs of the suspect's injury to his lower right leg. I took photographs immediately after beingtransportedintotheemergencyroomandafterhospital staff hadcleaneduptheareaofthewound. Also brought with the suspectwasapairofolivepantswhichhadbeenremovedbytheambulance personnel prior to transport. The pants were covered in blood.I seized the pants as evidence and later booked them into the police department's evidence room. On 01/25/92 at approximately 1305 hours, I responded to General Hospital and recovered, from Ofc VARGAS, the bullet which had been removed from the suspect's right leg. Dr. Sean DEVINE had removed the bullet during surgery at approximately 1200 hours. DEVINE had turned over the bullet to Ofc VARGAS who in turn then gave it directly to me. I packaged the bullet and placed it into evidence at the police department. DISPOSITION: Status unchanged. Submit with the original report. VAICIUS, #88180, kkr, 01/27/92 at 1447 hrs 1 OFFICER'S REPORT SAN LUIS OBISPO POLICE DEPARTMENT DR# 92024021ReportDate: 01-24-92 Report ID# 9212950.A54296 IN# 9212950 Subject: 664/187 PC SUPP This Report taken: 01-24-92 18:30 Loc. of Occurrence: 1360 MADONNA Connecting Reports: 92025007 Quan Stat Article Manufac/Color Mdl/Ser# UCR Value 11 E MISC KODAKOwner: SLOPD FILM K 6 E MISC Owner: SLOPD LATENT PRINTS FROM BAN K 5 E MISC Owner: SLOPD LATENT PRINTS FROM VEH K 9 E MISC Owner: V COIN TRAYS K 1 E MISC AMERICAN EXPRESSOwner: V SIGN K 1 E MISC Owner: S PAPER SACK K 1 E MISC MERVYNSOwner: UNK PLASTIC BAG K 1 E FIREARM Owner: SLOPD BULLET FRAGMENT (#1) G 1 E CURRENCY US Owner: V $100 BILL (#2) B51647149B A 100.00 1 E FIREARM (# 3)Owner: SLOPD BULLET FRAGMENT G 1 E FIREARM (# 4)Owner: SLOPD BULLET FRAGMENT G 1 E MISC (# 5)Owner: SLOPD PAINT SAMPLES K 1 E FIREARM FC9MM Owner: SLOPD SHELL CASING (#6) G 1 E FIREARM FC9MM (# 7)Owner: SLOPD SHELL CASING G 1 E FIREARM FC9MM (# 8)Owner: SLOPD SHELL CASING G 1 E FIREARM FC9MMOwn~r: SLOPD SHELL CASING (#9) GCont1nuedonnextpage...) PROPERTY DETAIL or '~ ~DJ ~r~~~~~n8a~i~fre~~s) 1:'n1J A igne o:ID# Assmt. Date/Time Processed 01-~28-92 10:12 D1s~8sITION: Exception rre UnfoundedOTHERCOPIESorACTIONREUES lCo~plaint Re@~st Act1ve Inact1ve SAN LUIS OBISPO POLICE DEl"ARTMENT ------ OFFICER'S RE...&;JRT ----- REPORT ID# 9212950.A54296 DR# 92024021 pAGE 2 Continued from previous page ...) 1 E Owner: 1 E Owner: FIREARM SLOPD FIREARM SLOPD BULLET FRAGMENT (#10) FC9MM SHELL CASING (#11) G G TOTAL VALUE OF PROPERTY:100.00 The Details can be found on a Continuation Sheet attached to this report. SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 Also refer to: 92025007 On 1-24-92, I was notified at home to respond to a bank robbery and shooting scene for crime scene processing. Upon my arrival at the police station, I was briefed by Communications and told to report to Lt Hazouri at La Cumbre Savings Bank, 1360 Madonna Road. Upon my arrival in the area of the bank, I found the southern end of the parking lot roped off, both on the bank side of the lot and on the Longs' Drugs side. I contacted Hazouri who instructed me to meet with Detective Clayton and FBI Agent Miller inside the bank. Clayton briefed me further as to what had happened and told me that the "crime scene" extended from the bank to the rear of Longs' Drugs. The exterior and interior of the bank were photographed. Particular emphasis was made to document the condition of the area behind the tellers' windows. In this area, a stool was laying on its side, books and papers were laying on the ground, and wrapped rolls of coins were laying in a pile next to a ripped paper sack. Additionally, drawers were opened and the under-counter safe was open. The tellers' area is where I directed my investigation. There are four ( 4 ) tellers' windows. The northern-most window (the one farthest from the desks) will be the one I refer to window #1. Windows #2, #3, and #4 will proceed south along the counter. Numerous items in the tellers' work area were checked for latent fingerprints. One partial print was photographed and lifted from the back of the stool at window #1 (the stool that had been knocked over). Five additional partial latent impressions were lifted from the accounting books on the floor in the area of window #3. Nine metal coin trays were located on the floor and inside the opened under-counter safe. These were taken to be processed at a later time for latent fingerprints. An American Express plastic sign at window #1 was found laying on its side. It was taken to be processed for latent fingerprints, as were a paper sack and a Mervyn's plastic bag. The sack and the bag were on the floor, behind the counter, near window #3. 1 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 Darkening the front of the bank as much as possible, I examined both sides of the counter with the alternate light source (A.L.S.). The counter was processed with redwop powder and re-examined. A partial palm print was located at window #2 on the teller side of the window. This impression was photographed both with black-&- white film and color film. Partial shoe impressions were now also located with the A.L.S. A triangle-pattern impression was located at window #1 and #2. A vibram-pattern impression was located at window #3. These impressions were photographed both with black-&-white film and color film. A sketch was made of the front portion of the bank. The evidence collected thus far was locked in the police van. I then went across the parking lot to the area south of Longs'. It was now after 0100 hours on 1-25-92. Photographs were taken of the area. Items of evidence that had been located prior to my arrival were marked with stand-up number boards. The area was then re-photographed to show the distance relationships between the various items. Each item was then photographed close-up. Item #1 (the number on the stand-up board) is a silver-colored bullet fragment with traces of blue paint on it. From its location over 60 feet west of Officer Nunez's position at the storage container), it is believed to be the bullet fired at Nunez. Item #2 (a $100 bill), item #3 (a bullet fragment) and item #4 (a bullet fragment) were located on the ground where the parking lot curves north to become a service/delivery road. Item #5 is not an item, per se, but notes the indentation on the north side of the blue storage container where item #1 is believed to have ricocheted (52 inches west of the east side of the container, and 1 foot above the ground). Items #6, #7, #8, and #9 are 9mm shell casings from Nunez's weapon. They were located approximately southeast of the storage container. As the items were collected, a dot and item number were painted were they were located. 2 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 I then left the scene and transported the evidence back to the police station. At appro x 1100 hours, 1-25-92, I returned to the scene at Longs' to conduct a daylight search for additional evidence and to complete a sketch of the area. Two additional items were located and were photographed with the stand-up number boards. Item #10 is a copper-colored bullet fragment containing traces of blue paint. It was located in the area where item #1 was found and is also believed to have come from the suspect's weapon. Item #11 is another shell casing from Nunez's weapon, located in the bushes east of the storage container. Blue paint samples were taken from the indentation on the storage container (reference to item #5). A sketch was made of the area. Several of the measurements made are noted in this narritive. The distance from the bank's doors to Nunez's position east of the storage container is approx 360 feet. Nunez's position is appro x 50 feet south of were items #3 and #4 were located. Nunez's position is also appro x 239 feet from the house at 1557 Galleon Way. The block wall, numerous tree trunks, boxes and wooden pallets were checked in an attempt to locate additional bullets. This met with negative results. At approx 1400 hours, 1-25-92, I drove to 1557 Galleon and contacted the occupant. She allowed me inside the residence to examine the kitchen where a bullet had broken the window. A piece of cardboard covering the window was removed so that the window could be photographed. I also examined and photographed the white curtain rod at that window. I then photographed the south exterior side of the house, with emphasis on the kitchen window. The window screen with a hole in it was still on the window. Returning to the police station, I was contacted by Detective Gill. Gill requested that I retrieve the suspect's revolver from Evidence so that it could be examined. I did so, finding the weapon still loaded. It was photographed by me, and Gill recorded the make and serial number. As I opened the cylinder (while wearing gloves), 3 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 Gill marked the top of the cylinder with a red marker. We noted that the cylinder contained two fired rounds and four live rounds. The revolver was left locked in the lab to await further processing. At approx 1520 hours, 1-25-92, Gill and I began searching a Chev Blazer (CA lic# lFNN506) that was locked in the police storage building. I examined the vehicle for latent fingerprints while Gill collected evidence from inside the vehicle. Refer to Gill's report for the items he collected. Five lifts of partial latent prints were made. One lift came from the interior driver's window. Two lifts came from the driver'S side mirror (one from the mirror side and one from the metal side). The other two lifts came from the exterior side of the passenger's door one next to the wind wing window and one above the door handle). The vehicle was then moved outside the building, photographed including areas where the latent lifts were made), and released to S.L.O. Tow. At approx 1500 hours, 1-26-92, I began processing certain items of evidence for latent fingerprints. These items included the suspect's revolver and rounds, the coin trays, the American Express sign, the plastic bag, the six beer cans (seized from the Blazer by Gill), and the hundred-dollar bill. Dispo: Cleared by arrest ~' Report by: Darrell Klasey, Evidence Technician #54296 01-26-92 4 FACTUAL DIAGRAM DATE OF COLLISION TIME (2400) MO. DAY YR. ~ 1202sn07 0 PIShAt S'f"A"bS INDICATE 1" NORTH 1" IT] rr---- cf 0 0 c L 2" -\ 2" QJ ~I ~ I 1~ 3" I ~~ 3" G' 0 I 1". I. I r> ~1 0 i LUI c 1 '- I r/ I <>i 4" ! 4" I CDI I j I I I I I CD i ITI !s I I I 5" I 5" I v-. I I I ~ ~ III Ii' r I '"I '" 6" nJ f7 6" VI CD 7" 7" 8"r TA13 LE"Ll 8" I"2"3"4" ll' o 5"7" 85747-4511 7/8Z"l,rm )I - alP FACTUAL DIAGRAM PAGE DATE OF COLLISION MO.OAY YR.LONGS PARKING un 92025007 VVA 1..1.. I" n'i' fT \0 55"7 6ft LL€OrJ INDICATE NORTH '" CD ~-0-----~'~ 2"CD 2" 3" 3" l l' I I o 4"4" 5 S"S" LONGS DRu(,. 5 S,oAA't' 1rA l..l~ 6"6" 7" 2=$100 bill 3 & 4=bullet fragments 5=r icoe het 6= shell ea sing 7" 3(.,0 fT, 10 BANk 8" 11 houl d be north of 6; 7, 8 & 9 ~ould be south and east of 6; 10 & 1 are east of storage eonta i ner) 8" 7" 85747-"'6 7/82 '1,000 )l - OSP SAN LUIS OBISPO POLICE DE~~~TMENT ------ OFFICER'S RE~ORT ----- REPORT ID# 9212950.A37139 DR# 92024021 PAGE 2 Continued from previous page ...) PROPERTY DETAIL Quan Stat Article Manufac/Color Mdl/Ser# UCR Value 1 E MISC UNK Owner: SLOPD SEAT COVER, BLACK/WHIT 1 E CLOTHING UNK Owner: S JACKET, BLUE DENIM W/F 1 E CLOTHING STARTER Owner: S JACKET W/HOOD, BLACK, 1 E CLOTHING NIKE Owner: S TENNIS SHOES, BLACK SU 1 E CLOTHING UNKNOWN Owner: S BLACK STOCKING CAP, LO 1 E CLOTHING UNKNOWN Owner: S SWEATSHIRT, BLUE, "RUD 1 E MISC UNKNOWN Owner: SLOPD BROWN PAPER BAG W/BLOO 6 E MISC BUDWEISER Owner: SLOPD EMPTY BEER CANS 1 E MISC Owner: S K C C C C C K K 2 E Owner: 1 E Owner: MISC SLOPD MISC SLOPD WALLET W/ASSORTED INDI CARLS JUNIOR MEAL RECEIPTS CARLS JUNIOR CAR ORDER #10 K K K TOTAL VALUE OF PROPERTY:00 The Details can be found on a Continuation Sheet attached to this report. SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021, 92025007 DETAILS: I was dispatched to assist a call of an armed robbery in progressatLaCumbreSavingsBankonMadonnaRoadatLosOsosValleyRoad. I received radio traffic that the suspects had exited the bankandtheyhadopenedfireonOfficerNunez. Nunez was requestingemergencyassistance. I responded to the area of LOVR and Highway 101 where I received radio traffic that the suspectvehiclewaspossiblyablackfullsizeChevroletBlazer, last seen on Los Os os Valley Road heading toward Los Osos. I was then dispatched to begin an area search of the neighborhoodbehindtheshoppingcomplex. I was assisted by Officer William Cody. We received information that the Sheriff's Department had stoppedavehiclesimilarindescriptiontotheBlazerinLosOsos. The stop was on Los Os os Valley Road approximately one mile west ofClarkCanyonroad. The Sheriff's Department was requestingassistancefromourdepartmentastheyfeltthiswasoursuspectvehicle. I was dispatched to respond to the location of the stoptoassisttheSheriff's Department. Upon arrival I met with Deputies Scott and Hascall. They wereassistedbyseveralCHPunitsandotherSheriff's Department'sunits. Scott told me that the only occupant of the vehicle wasthedriverwhotheyhadhandcuffedandlyingontheground.Scott told me there was a loaded revolver lying in plain view intherearcargoareaoftheBlazer. There was red fluid that wasconsistentwithbloodontherightrearfloorboardandontherightsidestep. Scott told me that while they were checking theinteriorofthevehicleforotheroccupants, they opened the right side door and a roll of quarters in a clear plastic wrapfelloutofthevehicle. The subject they had detained was Martin Martinez Barajas.Barajas indicated that he only spoke Spanish and did notunderstandEnglish. Since I was unable to speak Spanish, Barajaswasnotinterviewedatthattime. He was placed in the back ofoneoftheSheriff's units. The scene around the suspect vehicle was sealed off with yellowevidencetapeandanIDtechwasrequested. 1 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021, 92025007 Officer Espino responded to the scene and was directed to securetheweaponforsafetyreasons, to take a sample of the red fluidontherightsidedoorstep, and to collect the roll of quartersontheground. He was also instructed to photograph the vehicleinitscurrentstate. The weapon was seized so that it could be made safe while thevehiclewasimpounded. The red fluid was believed to be bloodfromoneofthesuspects. Because of its location on thevehicle, that evidence could have been lost when the vehicle wasmovedandimpounded. After Officer Espino collected the evidence, the vehicle was impounded and taken to the San Luis Obispo Police Departmentstoragearea. Refer to Officer Espino's supp report. On 01/25/92 I obtained a search warrant for the Chevrolet Blazerreferattachedcopy). I was assisted in my search by ID TechKlaseyandFST's Caudill and Borges (refer attached propertyreport). The black knit stocking cap that was recovered wasfoundontherightfrontfloorboard. This cap is consistent withtheitemdescribedbythewitnessatthebankrobbery. During the search I also found two receipts from Carl's Jr. restaurant. They were dated 01/24/92 at 1551 hours and at 1552hours. The one receipt was marked store #877. Upon completion of the search of the vehicle it was turned over to the towing service for impound. ID Tech Klasey and I checked the weapon that was seized and foundthereweretwoexpendedroundsandfourliveroundswithinthe weapon (refer attached diagram). On 01/27/92 I contacted the San Luis Obispo Carl's Jr. restaurantandinquiredwhichwasstore #877. They said that it was locatedat2185S. Broadway in Santa Maria. I telephoned the assistant manager of the Carl's Jr. in Santa Maria, Iexplainedthecircumstancesofmyinquiry. I asked if she couldlocatetheclerkandverifythetransaction. Approximately onehalfhourlatercalledbackandsaidshehadlocatedthetransaction. She said there wasn't anything unusual about thattransaction. She had identified the employee, however, could notreleasethenameatthattime. She had to contact the corporateofficeandwouldrecontactmewiththeinformation. 2 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021, 92025007 On 01/28/92 I received information from Carl's Junior in SantaMariathatthewitnessIneededtospeaktowasthe manager. On 01/29/92 at appx 0900 hours I went to Carl's Junior in SantaMariaandspokewithsaidthatontheafternoonof01/24/92 at appx 1545 hours he was walking around intherestaurantareacheckingonhisemployees. During his roundsheheardinformationthatoneoftheemployeeswashavingproblemswithanobnoxiouscustomer. The customer was at thedrive-up window. said the report he heard was that thesubjectsweredisplayingobnoxiousandrudebehavior, they wereyellingandscreaming, and they appeared to be under theinfluence. said that because of that he monitored the entire sale.As the subjects placed the order, they drove to the first windowwheretheyhadtopaythecashierandthentheydrovetothesecondwindowwheretheyweretopickuptheirfood. As theyapproachedthesecondwindow, could see that there werethreeoccupantsofthevehicleandthepassengersintherightfrontandcenterrearwereyellingandscreamingathiminanefforttofindoutwhattimeitwas. said he responded, telling them it was 3:55. said he told his employee to write down the licensenumberofthevehiclewhentheyleftsotheycouldcontactSantaMariaPolicesincefeltthesesubjectswereundertheinfluence. described the occupants of the vehicle as follows: Driver:Hispanic male adult, late 20's or early 30's, curlydarkhair, possibly a mustache. The driver had verylittleconversationwithFairbairnandappearedquitecalm. Passenger in front seat: Hispanic male adult, late 20's or early 30's, darkhair. This passenger asked for the time. Passenger in back seat: Hispanic male adult, slightly younger than the others,possibly a mustache. 3 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021, 92025007 described the vehicle as a Chevrolet Blazer, black,full-size, with chrome edged custom wheels and wide tires. was not sure if this was a 4-wheel drive model or not,however, the vehicle did sit high off the ground. saidthevehiclehadagrayorsilverstripeontheside. had not been able to locate the piece of paper that thelicensenumberhadbeenwrittenon. From his recollection he though it might be 1FNJ292. When I questioned him further aboutthelicensenumber, he said the only two characters he was positive about was the F and N. said the clerk who took the money from the subjects is She was scheduled to come into work that morning. At appx 1000 hours I met with had listenedtothenewsonMondayeveningandwasawareofthebankrobbery.She immediately recognized the individual whose picture was displayed during the newscast. She said this was the driver oftheblackvehicle. She told me she is not good at recognizingvehicletypes. recalled it was a large, black, full-size van or truck. said the driver was a Hispanic male adultwithdarkcurlyhair, a large head, mustache, and possibly abeard. said he was intoxicated because he slurred his words, his eyes were bloodshot, and because of his generaldemeanor. When I questioned further about the vehicle she said it was possibly a GMC product or Ford product, had a black exterior with a stripe on the side (possibly gold). She said the occupantswerethedriverplustwopassengers. She could provide nofurtherdescription. Upon returning to SLOPD I was contacted by Detective Clayton whoaskedforassistanceinidentifyingacreditcardreceipthehadlocatedinMontanadeOro. The receipt had been found in the same bag as the second weapon. I examined the receipt and identified the credit card number as aWellsFargoMastercardnumber. I contacted the security officeforWellsFargoandgavethemtheaccountnumber. They providedmewiththeaccountholder's name, of Los Osos.is one of the victim's in the Sheriff's Department'sarmedrobberies. 4 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021, 92025007 At appx 1400 hours I contacted via telephone.said this receipt depicted a legitimate purchase by him on 01/24/92 at appx 1615 hours. said the receipt and property were in his vehicle at the time it was commandeered. DISPOSITION: Previously cleared by arrest. C. Gill #37139 ~, ~ .~ Reviewed by: (1y0.( CAG:slo 01/31/~ l~rs (019018s.cag)i' 5 DATE C L NDER CB q~ ROTATION. RIGHT MAK.E A \L fV\', to \' lA- ~ MODEL 5.E.R1A.L .5 B b ~ '\'t OFFICER'S REPORT SAN LUIS OBISPO POLICE DEPARTMENT DR# 92024021 Report Date: 01-29-92 Report ID# 9212950.D26459 IN# 9212950 subject: 664/187 PC SUPP This Report taken: 01-29-92 07:00 Loc. of Occurrence: SLOPD Connecting Reports: 92025007 ADDITIONAL PEOPLE INVOLV~D CODE: v=Vict, w=wit, C=Comp, P=Parent, G=Guard1an, SUB=Subj, S=Susp Code: S Name: LINO, ERIK EDWARD DOB: 01-31-68 DL# : Addr: CSZ: Aqe: 23 S~x: Race: HP: ( ) WP: ( Eyes: Ha1r: wt: at: Veh/Other: E~: AU: The Details can be found on a continuation Sheet attached to this report. 0C0.:-:~---2:~_- ASS~r~d to:ID# A~;t. Reporting Officer(s) Clayton, Gregory M. Date/Time Processed 01-31-92 11:38 rl Normal Distribution DISPOSITION: Exception c~ Arrest Unfounded ID# Assmt~R. . Off~. si ~ 26459 I \ _ _ e!t. ~_ Clk lCo~p1aint Re@~st Act1ve Inact1ve SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 DETAILS: On 01/27/92 at 1445 hours to contact suspect Lino. Mens Colony Hospital Ward 01/24/92. I proceeded to California Mens Colony Lino was incarcerated at California due to the gunshot injury sustained on On 01/27/92 at appx 1450 hours I contacted Lino at the CMC hospital. Lino is incarcerated in room C250. In the presence of Special Agents David Duke and Robert Ladd of the FBI, I advised Lino of his rights per DA form #7. When asked if he understood his rights he stated, "Yes." When asked if he wished to waive his rights and answer questions concerning the bank robbery and shooting, he stated, "Yes." Lino advised that he was in pain due to the surgery which had been completed on 01/25/92 to remove the bullet from his right leg. He advised that he had received his last pain medication on 01/27/92 at appx 0800 hours. I advised Lino that I wanted to ask him questions concerning their activities prior to the robbery and during the robbery. I advised him that I would question him concerning the shooting and their subsequent escape to Montana de Oro. Lino was very cooperative and agreed to answer my questions. Lino understands English and speaks English. Lino advised me that he had left Ventura on 01/24/92 at appx 1300 hours with Timothy Cook and the "Mexican driver." Lino advised he did not know the driver's name. Lino advised that he is friends with Timothy Cook. He said he has known Cook for appx 2-3 months. Lino said on 01/24/92, prior to departing from Ventura, Cook said to him, "Let's go rob a bank." Lino said they went from Ventura to San Luis Obispo. Lino said they drank Budweiser beer in cans while driving in Barajas' black Blazer. Lino said he was carrying a .38 blue steel revolver with dark grips. Lino said Tim Cook was carrying a large revolver that was black in color. Lino advised me that they only had two guns during the course of the robbery and the shooting. 1 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 Llno recalls they stopped at a liquor store in Santa Maria to purchase more Budweiser. Llno advised me that he had three or four cans of beer during the trip from Ventura to San Luis Obispo. Lino advised that the three of them drank appx two cases of Budweiser during the trip. Lino reiterated to me that he had purchased the blue steel revolver from "Black people" on a street in Santa Barbara about two or three weeks prior to the bank robbery in San Luis Obispo. Lino advised me that he paid $80 for the weapon. Lino stated that prior to entering La Cumbre Savings Bank he did not have any US currency with him. Lino said they did not case the area looking for a particular bank to rob. He stated they were passing by. He saw the bank and he picked it out. Lino advised that Timothy Cook was the individual who was in charge. He advised that Cook told Barajas to park the Blazer behind the drug store near the bank. Lino said they went on foot from that location to the bank and initiated the robbery. Lino said he did what Timothy Cook did during the robbery.' He said he listened to Cook and did what Cook said. Lino recalled yelling at the tellers to open the drawers and to give him the money. When I questioned Lino concerning his placement of the teller on to the floor with his weapon at the bank of her head, he advised that he did not remember that particular incident. Lino stated that after they committed the robbery he placed the money in one of the teller's book bags. He stated that the money was handed to Timothy Cook. Lino said Cook was carrying the money as they fled from the bank on foot toward the back alleyway behind Long's Drugs. Lino advised that as they were running he heard and saw a police man at appx the same time. He stated that the police officer stated to him, "Freeze." Lino advised me that he had been drinking heavily through the day and he cannot remember what happened after seeing the police officer. Lino stated to me that he remembers moving his weapon toward the officer but he does not recall firing it. 2 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 Lino continued, advising that after initially hearing and seeing the police officer and turning his weapon toward the police officer, he remembers the officer firing his weapon at him. Lino stated that he remembers that five shots were fired at him. He states that he was hit in the right leg with one of them. Lino advised that he lost a great deal of blood and that he passed out several times due to the blood loss and the pain from the bullet wound. Lino would provide no further information concerning the shooting. Lino advised that it was Timothy Cook's idea to signal each other by whistling once they were inside the bank. Lino stated he didn't recall what occurred as the proceeded from the bank robbery and shooting toward Montana de Oro. He stated that he remembered Timothy Cook stopping the vehicle several times. He stated that once they left the car at the state park, he ran into the bushes and laid down. He believes he lost consciousness and does not recall seeing or hearing the police officers as they were looking for him. Lino advised me that he lied to me initially on 01/25/92 because he was scared. Lino advised that he was recently arrested by Ventura Police Department for an 11550 H&S violation. He states he is addicted to cocaine and is currently unemployed. He. advised that he currently resides at in Ventura with some unidentified associates. Lino was then questioned by Special Agent Ladd concerning his involvement in the Santa Maria bank robbery which had occurred appx two weeks prior to the La Cumbre Savings Bank robbery. Lino denied any invo,lvement in that bank robbery. Lino stated in my presence that this bank robbery was his first robbery. Lino denied that there had been any prior discussion with Cook concerning what action they would take if the robbery attempt was interrupted by police. Lino denied that they had talked about shooting at the police. 3 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 I asked Lino if he would continue to speak with me in the future concerning this incident. Lino agreed to continue the conversation. Lino said he would cooperate with the investigation. DISPOSITION: previously cleared by arrest. Request copy of this report be forwarded to Deputy District Attorney Sandy Mitchell for inclusion into prosecutor's file. Reviewed by: t~ ~;!l--~G. Clayton #26459 GMC:slo 01/31/92 1100 houd/(024021sd.gmc) 4 OFFICER'S REPORT SAN LUIS OBISPO POLICE DEPARTMENT DR# 92024021 Report Date: 01-29-92 Report rD# 9212950.E26459 IN# 9212950 Subject: 664/187 PC SUPP This Report taken: 01-29-92 09:15 Loc. of Occurrence: MONTANA DE ORO STATE P Connecting Reports: 92025007 ADDITIONAL PEOPLE INVOLV~D CODE: V=Vict, W=Wit, C=Comp, P=Parent, G=Guard1an, SUB=Subj, S=Susp Code: SUB Name: REY, RICK DOB: DL# : Addr: CSZ: Aqe: S~x: Race: HP: ( WP: ( )549-3312 Eyes: Ha1r: wt: lit: Veh/Other: Emp: CAPT., STATE PARKS AKA: PROPERTY DETAIL Quan Stat Article Manufac/Color Md1/Ser# UCR Value 1 E WEAPON RUGER SUPER BLACKHAWK Owner: S/COOK REVOLVER, BLUE STEEL 81-37727 G 6 E WEAPON REMINGTON AMMO Owner: S/COOK .44 CAL JHP 1 E MISC AUDIO ECSTACY Owner: W/BARSMAN RECEIPT FOR PURCHASE G K TOTAL VALUE OF PROPERTY:00 The Details can be found on a Continuation Sheet attached to this report. r~~E~A~gG~~ij~~~r~~) Assigned to:ID# Assmt. Date/Time Processed 01-31-92 12:00 r 1 Normal Distribution r../'~"~' DISPOSITION: Exception (~" Arres't;Unfounded ID# Assmt.~R . .~.ffzj . i 26459 I ~~~ i;ll4k. ~ - lCo~plaint Re@~st Act1ve Inact1ve SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 DETAILS: On 01/29/92 at appx 0915 hours I responded to Montana de Oro State Park to conduct a search for a firearm which had been used in the bank robbery and subsequent shooting incident on 01/24/92. I was met at State parks. de Oro State Cook. that location by Captain Rick Rey of California Captain Rey assisted me in a search of the Montana Park for a weapon that had been discarded by suspect I had received information from Cook that he had discarded the weapon adjacent to a fence. Cook advised that he didn't know the exact location where he discarded the weapon. He advised that he had placed the weapon underneath a bush. Captain Rey and I searched several areas near where the suspects were captured on 01/25/92. After appx three hours we checked an area that was adjacent to the property line fence which divides the State Park from PG&E land. At a location appx 300-400 yards west of the main Montana de Oro road, along the state fence, I located a package which was concealed underneath a manzanita bush. The package was clear plastic wrapped around newspaper. When I lifted the package I noted that it was heavy. I could feel the outline of a weapon barrel. When the package was opened at that location I noted that it was in fact a loaded Ruger super blackhawk .44 mag revolver. The weapon is blue steel with white pearl grips. Located inside the brown bag was a credit card receipt for a 106.18 purchase at Audio Ecstacy, 786 Higuera, on 01/24/92 at 4:15 PM. The credit card number imprinted on the receipt belongs to is the owner of the Toyota Tercel stolen by suspect Cook. Prior to leaving that location the fence was marked so that photographs may be taken at a later date of the recovery location. I transported the weapon back to SLOPD and subsequently turned it over to ID Tech Klasey for latent print processing. Prior to turning the weapon over to Klasey, I inspected the cylinder. I noted six Remington .44 caliber jacketed hollow 1 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 point rounds. I noted that the primer on two of the rounds had been impacted, however, the rounds had not fired. PHYSICAL EVIDENCE: The weapon was seized and placed into evidence per departmental procedure. Refer attached property report. DISPOSITION: Previously cleared by arrest. Refer to Deputy District Attorney Sandy Mitchell for inclusion into prosecutor's file. G. Clayton #26459 / 7 ~j"'7 ~ - ~~ Reviewed by. ,/ ;.--- 5 ./~GMC:slo Ol~ U>hOUr8'/(.02402lSeogmC) 2 OFFICER'S REPORT SAN LUIS OBISPO POLICE DEPARTMENT DR# 92024021 Report Date: 01-30-92 Report ID# 9212950.F26459 IN# 9212950 Subject: 664/187 PC SUPP This Report taken: 01-30-92 15:00 Loc. of Occurrence: SLOPD connecting Reports: PROPERTY DETAIL Quan Stat 2 E Owner: Article MISC SLOPD ManufacjColor MdljSer# UCR Value DISPATCH TAPES K TOTAL VALUE OF PROPERTY:00 The Details can be found on a continuation Sheet attached to this report. supervisor ID# Reporting Officer~s) IDt ASS~. R . Off~Si A;;ig~;~~D#-A;~tt: Clayton, Gregory . 26 59 I at~~er:~~~essed _b_::~~~~~_:____:--- r 1 Normal Distribution/' [lC l' t DISPOSITION: Exception J."... A....rr. est'/ Unfounded tOlJlP a1n Re@~st OTHER COPIES or ACTION R~UESTEB' c 1ve Inact1ve SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 DETAILS: On 01/30/92 at appx 1300 hours I was provided with the Dispatch tape of the 211 PC and subsequent 664/187 PC incident which occurred on 01/24/92 beginning at 1700 hours. Transcripts of the tape were completed and are attached to this report. For additional information, refer to attached transcript. DISPOSITION: Previously cleared by arrest. Refer to Deputy District Attorney Sandy Mitchell for inclusion into prosecutor's file. G. Clayton #26459 tfj~~' ~~ Reviewed by: GMC:slo 01/31/92 1115 hours (024021sf.gmc) 1 Kerri: Citizen1: Kerri: Citizen1: Kerri: Citizen1: Kerri: Citizen1: Kerri: Citizen1: Kerri: Citizenl: Kerri: Citizen1: Kerri: Citizen1: Kerri: Kerri: Kerri: Johns: TRANSCRIPT OF DISPATCH TAPE 211 PC, 01/24/92 911 Dispatch, 911 Emergency The place...um...I'm in the Laguna Shopping Mall. Can I help you? And the Laguna bank is being robbed. The Laguna Lake bank is being robbed? Un hun. What do you, what do you... La Cumbre Bank. La Cumbre? La Cumbre. La Cumbre Bank is being robbed? Yes. What are you seeing? pardon? What are you seeing? Come here. What do you see? Yes. There's two gentlemen that just walked into La Cumbre Bank. Un hun. Pulled masks down and jumped over the counter unintelligible) Okay. This is La Cumbre Bank at the end of Laguna Shopping Center. Sam 4, Adam 11, Adam 23, any X-ray units, 211 occurring at La Cumbre Bank, Laguna Plaza. 1 Kerri:Okay. Can you see them? I...no. I ran...I'm next door at the video store. Kerri:You're from the video store? No. I was getting in my car and saw them do that so I just came into the video store. 1A11:Copy. I'm downtown 600 block Higuera. Okay. Let me let them know. Okay.Kerri: Okay. Kerri:Units responding, oh, nothing. Okay. Units responding, be advised I have an RP on the phone who was in the video store, watched two men walk into the bank, pull ski masks over their heads, and jump over the counter. We have not got a call from the alarm company or the bank as of yet. 1A11: shaking like crazy. Okay. They're driving up... 10-4 La Cumbre Bank, where exactly is that? La Cumbre Bank is in the Laguna Village Shopping Center. Kerri: Kerri: Kerri:Your name was? 1A11: It's by the Shell station. My name is 10-4. 10-4, units responding. English: Kerri:I'm sorry. Your name again? Kerri:Un hun. Nunez:21. Will be 97 momentarily. Vaicius:If you can, Vic, set us up. 2 Kerri:And your home phone number, just in case... Nunez:10-4. 21's going to take the frontage road. Break. Kerri:Okay. Can you tell me what they looked like at all? Yeah. One was wearing all black... Nunez:Need a unit to come on Madonna. Need a unit to take LOVR side on the 101. Need a unit on LOVR Foothill side. There's heavy traffic right now. and he was probably about 5'7". Um, looked to be maybe Hispanic. Um, the Mexican was shorter, urn, maybe about 5'4" or 5'5". But the guy unintelligible) they're still inside the bank. Owen:Tom 4, responding LOVR and Foothill. Kerri:We just call a call I believe on the alarm. LOVR and 101... Kerri:Can you see the bank from where you're at? No. I'm, I'm next door. The guy from the video store just walked outside... Nune z :21. 97, code 33 till I advise. Kerri:Okay. Johns:Control copy. Code 33 effective 1703 hours. 21. It appears to be people inside the bank. I still can't tell what's going on yet. Nunez: Kerri:21, 10-4. X-ray2:X-ray2 to 21. Johns:Units responding to La Cumbre. Just for info, the alarm company has called in a 211 alarm. English:Sam 4. Have all detectives man their units. Johns:Sam 4, 10-4. 3 Kerri:Units responding. My witness watched them walk down the walkway past Studio Video. She never saw a vehicle. They...they don't know where they came from. English:Sam 4. I want all patrol units at least a block or two away and let's let the unmarked cars go in and scope the area, look for a getaway cars, etc. Nunez:21. I have employees ducking down behind the bank counter. 211 in progress. Suspects are coming out the front door. Two males. They are running toward me. Johns:Two males running toward 21. Nunez:Two males coming toward Longs. Running down along Longs. 1A11:All. I'm at LOVR at Madonna. Nunez:11-99. Shots are fired. 11-99. Two armed suspects. One White male, one Black male. Running to the back of Williams Brothers. We need a unit to go to Newport and Oceanaire. 1A23: Control copy. Newport and Oceanaire. Unit respond. We have 11-99. 23. I'll take that location. Johns: Johns:23 copy. Newport and Oceanaire. Nunez:It appears that the suspects may have gone into the resident~al area. Need a perimeter set up. Shots (unintelligible) English:Sam 4. I'm going to be on Royal Way near Galleon. English covers Nunez: White male, six foot, 180-200 pounds. Nunez:Suspect number one has brown hair, wearing a blue jacket, khakie pants. Suspect number two, dark skinned Hispanic or Black male. Appx 5'6" to 5'7", medium build. Blue windbreaker, unknown pants. Both suspects have weapons. Shots have been fired. Johns:21, copy. Weapons have been fired. Shots fired. Suspect number one: brown hair, blue jacket, khakie pants. Suspect number two is dark skinned, 4 English: Johns: English: Gardiner: English: Johns: Nunez: English: Johns: 1A11: Johns: English: Johns: 1A22: possibly Mexican or Black, 5'6", wearing a blue windbreaker. Sam 4. I've got Galleon and Royal Way. I need another unit at Royal Way and Los Osos valley Road and then let's get some units over behind CL Smith and we'll take a wide perimeter. Sam 4, 10-4. Unit respond to Royal and LOVR. Detectives have been advised. They will be responding. Another unit to CL Smith, start a wide perimeter. Sam 4. Start a SWAT callout. 4200. I'm at LOVR and Madonna. Now, where do you want my unit? It's unmarked. What I want to do is do a wide perimeter, Royal all the way down to Atascadero near Oceanaire and, Sam 4, start a SWAT callout. Copy, SWAT callout. 21 to Sam 4. We better block off Madonna. We got heavy traffic here. There was a problem with the shots going into the traffic. 10-4. Madonna and Oceanaire. Shut off Madonna at Oceannaire. And I want another unit at about, make it the dead end of Atascadero. Copy. Copy. Block of traffic at Madonna and Oceanaire. Block of traffic at Madonna. unintelligible) suspect have a red jacket? 22, I'm at Oceanaire and Atascadero. 22, Oceanaire and Atascadero. Did you copy traffic to cut off traffic at Madonna at the dead end of Atascadero? Sam 4. I want Atascadero and Coral Streets shut off. We have too much traffic in the residential area. So, at Balboa and Coral and at Atascadero and Oceanaire. 10-4. 22 copy. Be at Coral and Balboa. 5 Johns: Nune z : Johns: English: Johns: 1A11: 1A12 : Johns: 1A12: Johns: Gill: Johns: English: Gill: Xray3: Gardiner: Johns: Gill: Xray3: Coral and Balboa. 22. 21, 21. Put out a red channel on a possible black Blazer, leaving at a high rate of speed. Last seen northbound Los Os os Valley Road toward Los Osos. Citizen reports that suspects may have fled the area. Unconfirmed. 22.10-4. Sam 4. Continue sealing off this area in case there are any on foot still. Sam 4, copy. Continue to close off the area in case, units respond, red is going out now. 11 to Sam 4. I'm at Boronda and Madonna Road. 12. Adam 12. Need a CHP officer to assist Madonna and Oceanaire. 10-4. David 4. I'm in the area of LOVR and Madonna. Where do you want me? Sam 4. Can you advise? Sam 4. Let's have the unmarked units go ahead and cruise the neighborhood. Ah, Coral and Atascadero. That was the last area they were seen going over the wall behind Williams Brothers, I believe. David 4, copy. X-ray3, copy. I was also in the area. 4200. Copy. In the area. 4200. 10-4. David 4 to X-Ray 3, 11-98, Hysen-Johnson. Copy. 6 OWen:Tom 4. I want to open up Madonna that is code 4 at Royal Way and close Royal. Correction, open up Los Os os Valley. It's closed now. English:We want Los Osos Valley Road closed from Royal down to Madonna and then Madonna closed from LOVR down to Oceanaire and, Sam 4, could you see if we have any dog units available. Johns:Sam 4, 10-4. All units copy red. Update on unintelligible). Tom 4. We need LOVR and Madonna closed.OWen: Johns:Control copy. LOVR and Madonna closed. Any units. Tolley:12 to Sam 4. CHP has got Oceanaire at Madonna. Do you want me to go back to the station and start the SWAT call-out? English:Affirm. What I want to do is start a house-to- house search, or residential search from the area where Victor last lost them, with dogs preferably, and then we can let SO pursue the stolen vehicle lead. Tolley:10-4. I'll be 10-19 to start. Johns:10-4. We started a SWAT callout. It is not completed at this time. We are calling in the dog now. English:Sam 4. I copy your traffic. You're going to want to start a house-to-house. X-Ray2:X-Ray 2. Sam 4.Kerri: English:Go ahead. Kerri:Sam 4, Pismo PD has a dog enroute. I have them headed toward Madonna and LOVR until further. English:10-4. stage? Steve, where do you want the SWAT team to With the dog unit. Tolley:Why don't we stage in the golf course parking lot at LOVR. 7 Gardiner: Kerri: English: 1A11: Johns: Xray2: Johns: English: Owen: Johns: Johns: Gardiner: Johns: Nunez: Johns: Nunez: Johns: 4200. Per Sam 4 I'm going to be checking on the stolen vehicle. Do you have a better 10-20 at that location? 4200. A Poly PD officer was flagged down there. We're getting information from them. Sam 4. I have a witness says a subject just got out of a tan car with a gun. Any plainclothes officer advise if that was you. 11. Adam 11. X-ray 2. We're in the tan unit, at Atascadero and Galleon. Xray 2, 10-4. Sam 4, I 10-4. That was what the witness saw. Tom 4. Can I have that description of the suspect? Tom 4, I have four suspects total. Descriptions on two suspects. Suspect one, brown...brown hair, blue jacket, khakie pants. Suspect two is dark skinned, either Mexican or Black, appx 5'6", with a blue windbreaker. Stand by. SO had advised a unit in pursuit northbound LOVR, break. Control continuing. They are in pursuit of a black Blazer, northbound LOVR. They were calling back (unintelligible). 4200. Can you advise LOVR where northbound? 4200, they have not called back with a cross yet. 21. They just drove by Madonna toward Oceanaire. We haven't seen the Blazer. 21, 10-4. 21. For clarification, CHP rode by code 3, not the SO, so the SO may be in pursuit of a different. . . 10-4. unintelligible) at the station. 8 1A22: Johns: 1A22: Johns: English: Paulding: English: Paulding: English: Owen: Johns: Owen: Nunez: English: 1A22: English: 1A11: Johns: 22. 22. Information, I just stopped in fur jacket, tan pants, male Black, on a moped, he checks code 4. 10-4. Sam 4. Has the SO advised how many occupants in the Blazer? 23 to Sam 4. Go ahead. From their channel it sounds like they are not in pursuit, they're taking another 211 out in Los Osos. 10-4. I think we should still treat this like me might have one or more suspects on foot in this area and go ahead and keep it cordoned off and let a search be done. Tom 4. Can you sent Poly units or somebody to relieve me so I can respond 10-19. Tom 4, 10-4. Tom 4. I'm at Royal and LOVR, blocking Royal traffic. 21. I'll respond 10-19 to debrief SWAT. 21 to Sam 4. Is that code 4 with you? Sam 4. 10-9. Code 4 with you for me to TOT my end of the scene to the detectives on scene now so I can respond 10-19 to debrief SWAT? 10-4. 11. Adam 11. 9 1A11 :11 to Sam 4. I'm at Boronda and Madonna now. I'd like to respond back for SWAT. (unintelligible) need somebody over here, too. English: Johns: As soon as SWAT members are relieved by somebody that can keep traffic control going, go ahead and respond 10-19. Control copy. Tom 4. Poly will be responding to Royal and Oceanaire to relieve you. Blanke:Lincoln 6 to Sam 4. Johns:I'll try and get you someone. English:Sam 4, go ahead. Blanke:Have you had contact with Lincoln 3 out there? English: Blanke: I haven't seen him, no. 10-4. He was going to go to the bank and he wanted David 1 to meet him there. David 1 is enroute. English:10-4. Nunez:21. He is on scene. He's in Detective Hedges' van. Hazouri:Lincoln 3 to Sam 4. English:Go ahead. Hazouri:Just for your information, I've got Detective Hedges' van by the bank. I'm going to meet Detective Clayton there. English:10-4. Owen:Tom 4 t Sam 4. Confirming you don't want anyone to enter this neighborhood? Or do you just want us to screen the vehicle as they leave? English:I'm trying to keep as many people out of the area as possible and I'm going to give a PA announcement for all these pedestrians to get inside their homes. 1A11:11 to Sam 4. 11 to Control. I'm going to be responding 10-19. 10 Johns:11, 10-4. 1A23:23, Sam 4. Kerri:Sam 4. 42 Sam 4. 1A23:23. Johns:No, that was 23. 23, stand by. Kerri:Emergency traffic for Sam 4. English:Go ahead. Kerri:Sam 4, we just received a 211 alarm Sesloc Credit Union, 1149 Los Osos Valley Road. It's across the street. Can you advise? English:The commercial vehicle is right in front. The unit up there at LOVR and Royal, you see anything? Owen:Tom 4, I see employees looking out the window at me. I can rollover there and check it out. English:Sam 4, 10-21 the business, get the manager and see what's going on. Johns:10-4. lA23:23 to Sam 4. English:Go ahead. 1A23:Update. The SO has one in custody in Los Osos. The Blazer with a gun and blood inside. We have a Mexican male adult in custody. English:10-4. Officer Nunez, could you repeat the description of the one suspect who is outstanding then? Nune z :If they have the Mexican male, appears to be a White male, 6' to 6'2", 180 to 200 pounds, wearing a blue windbreaker, khakie pants, brown short cut hair. Suspects were discarding clothing as they were running from the bank. Some of this is with David. . . Hedges . English:10-4. Officer Gill and Officer Cody are out enroute to 11-98 with the SO. 11 Gill:David 4. I have update emergency traffic. David 4. According to witnesses at LOVR and Royal Way, one of the suspects has commandeered a white Suburu, unknown direction of travel. We're trying to get more at this time. Also, one of the suspects is possibly bleeding. Johns:Sam 4. English:Go ahead. Johns:Sam 4, SO had advised they requesting one of our units to respond out LOVR near the mobile home park, to a vehicle that they have stopped. They do have a weapon and blood in the vehicle. English:10-4. Detective Gill and Cody are enroute. Johns:Detective Gill and Code enroute. Gill:10-4, I'm enroute. The commercial unit has the two witnesses involved I just described the info on. Johns:10-4. Owen:Tom 4. My witnesses described the vehicle that they got into as a white compact, possibly Suburu or Civic. A Hispanic and a Black. The Black was bleeding. The Hispanic had a gun. Nunez:21, for info. The black Blazer came from my witness, the UPS driver who was behind the Laguna Shopping Center at the time the shots were fired, said that two subjects entered the vehicle behind the alleyway and fled at a high rate of speed. English:Sam 4. Johns:Sam 4. English:Do we have any information from any source who would lead us to believe that more than two suspects may be involved? Johns:21, can you advise? Owen:Tom 4. There was a black Blazer, there was a person driving the black Blazer, two additional suspects got into the white compact. 12 English: Owen: Johns: Owen: English: Funaro: English: Johns: English: Johns: English: Johns: English: Funaro: Johns: Gardiner: English: Owen: Johns: Sam 4. I'm just trying to figure out if there's any possibility of remaining suspects in the neighborhood. It's starting to sound like that would not be the case. But I want to make sure before I call off the cordon. Tom 4. They couldn't see inside the Blazer. It had tinted windows. There was at least one driver and then the other two were seen fleeing in the white compact. Sam 4, for clarification. lA21 was original in putting out the info. There were four suspects. Tom 4. All my witnesses can account for are three, for sure, that headed north. Sam 4 to Officer Nunez. Sam 4 to Officer Nunez. David 3. 10-8, enroute to the bank. Sam 4 to Officer Nunez. Sam 4, go ahead for Adam 21. Is he at the bank? Negative. He's 10-19 for SWAT. 10-4. As him how many suspects he saw. Sam 4, he advises two. Two suspects came out of the bank. 10-4. Sam 4 to any unit at the bank, can you advise how many suspects were seen by any victims? David 3, 10-8, enroute to the bank. 10-4. 4200 to Sam 4. I'll be off at the bank trying to get your info. 10-4. Thanks. Tom 4. I (unintelligible) dispatch. We'll need CSI Klasey to ah, we do have blood in my witnesses truck. One of the suspects grabbed him. Tom 4, 10-4. 13 OFFICER'S REPORT SAN LUIS OBISPO POLICE DEPARTMENT DR# 92024021 Report Date: 02-03-92 Report ID# 9212950.A45852 IN# 9212950 Subject: SUPPLEMENTAL - 664/187 PC This Report taken: 01-24-92 19:05 Loc. of Occurrence: LAGUNA SHOPPING CENTER Connecting Reports: 92025007 ADDITIONAL PEOPLE INVOLV~D CODE: V=Vict, W=Wit, C=Comp, P=Parent, G=Guard1an, SUB=Subj, S=Susp Code: W Name: Addr: CSZ: SLO, CA Aqe: 11 S~x: M Race: W HP: ()WP: ( ) Eyes: Ha1r: wt: at: Veh/Other: Emp: CL SMITH ELEMENTARY SCHO AKA: The Details are as follows: ON 01/24/92 AT 1905 HOURS, I INTERVIEWED TO SEE IF HE HAD ADDITIONAL INFORMATION PERTAINING TO THE ROBBERY AND SHOOTING. TOLD ME HE WAS IN HIS DRIVEWAY PLAYING BASKETBALL WITH FRIENDS WHEN THE INCIDENT OCCURRED. HE BECAME AWARE OF THE SHOOTING WHEN HE HEARD SIX GUNSHOTS. SOON AFTER HEARING THE SHOTS, POLICE OFFICERS ARRIVED AND TOLD AND HIS FRIENDS TO GO INSIDE THE HOUSE. DISPOSITION: CLEARED BY ARREST. Re~orting.Officer(s) Heages, T1mothy Date/Time Processed 02-03-92 13:43 al Distribution ~.~ DISPOS'rTION: Exception rre.. Unfounded OTHER COPIES or ACTION REQU E ID#ID# Assmt. Rep. Off. Signature45952I lCO~P~:~:~=::~;:~~-- Act1ve Inact1ve OFFICER'S REPORT SAN LUIS OBISPO POLICE DEPARTMENT Report Date: 02-05-92 Report ID# 9212950.G26459 DR# 92024021 IN# 9212950 subject: SUPPLEMENTAL - 664/187 PC This Report taken: 01-29-92 07:41 Loc. of Occurrence: SAN LUIS OBISPO POLICE Connecting Reports: 92025007 The Details can be found on a continuation Sheet attached to this report. ID# Reporting Officer(s) Clayton, Gregory M. to:ID# Assmt. Date/Time Processed 02-05-92 13:32 rl Normal Distribution DISPOSITION: Exception Arrest OTHER COPIES or ACTION REQUESTED Unfounded IDt Assmt. o/!l".t& O~ S . 26 59 I ~~/ ci~---~ ~_ lCo~plaint Re@~s~ [) Act1ve Inact1ve SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 SOURCE: On 01/29/92 at approximately 0741 hours, Detective FUNARO and I conducted an interview with SUSPECT/BARAJAS. Interview was conducted in a holding cell at the San Luis Obispo County Courthouse. INTERVIEW - SUSPECT/BARAJAS: During the course of the interview, Detective FUNARO acted as the interpreter. SUSPECT/BARAJAS spoke only in Spanish. Detective FUNARO advised SUSPECT/BARAJAS of his Miranda Rights in Spanish. Detective FUNARO advised that she received a waiver from BARAJAS. I asked BARAJAS if he had any previous contact with an attorney. BARAJAS stated that he had had no contact with an attorney. I then asked BARAJAS if he would answer a series of questions about the bank robbery, the shooting, and the subsequent robberies which had occurred on 01/24/92. BARAJAS indicated that he would answer the questions. BARAJAS initially advised Detective FUNARO and me that he was afraid of SUSPECT/LINO and SUSPECT/COOK. BARAJAS then told us that he initially lied to us about the suspects' placing a gun to his head and kidnapping him. BARAJAS stated that he was afraid at the time of that interview, so he decided to lie to the police. BARAJAS then advised that SUSPECT/COOK and SUSPECT/LINO had approached him in Ventura adjacent to a liquor store. He stated that they asked him to provide them with a ride to Santa Maria. BARAJAS stated that he hesitated at first to provide a ride to these suspects. BARAJAS advised that they then displayed the weapons to him. BARAJAS indicated that he knows little or nothing about weapons. He advised that he only recalls that they were a dark color. BARAJAS advised us that the weapons were not pointed at him or displayed to him in a threatening manner. 1 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 BARAJAS then contradicted himself and advised us that the suspects had asked him for a ride to Santa Barbara. Initially BARAJAS had advised us that the suspects wanted a ride to Santa Maria. BARAJAS stated that both suspects already had Budweiser beer with them when he met them in Ventura. BARAJAS denied that they stopped at the Carl's Jr in Santa Maria for food. He advised that they only stopped once. He indicated that he does not recall where in Santa Maria they stopped. He stated they stopped for gas and that he placed $5 worth of gas into his Blazer. BARAJAS stated that during the course of the drive from Ventura to San Luis Obispo, he consumed two or three Budweiser beers. BARAJAS stated that after getting gas in Santa Maria that they had cruised around Santa Maria for a period of time. BARAJAS could not recall where in Santa Maria they drove around. BARAJAS stated that when they arrived in San Luis Obispo, he was told to park behind Long's Drugs and to stay in the car. He was advised by one of the suspects to wait for them. He stated that the suspects, COOK and LINO, exited his vehicle and walked around for a period of time. BARAJAS stated that SUSPECT/COOK and SUSPECT/LINO talked to each other in English the majority of the time. BARAJAS denies understanding the English language. BARAJAS stated that he was seated behind Long's Drugs in his Blazer when he heard gunfire. He stated that the suspects then arrived at the Blazer, and one of the suspects yelled at him, "Get the fuck out of here." BARAJAS stated at that point, he knew he was in trouble, so he drove at an excessive rate of speed out of the area. 2 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 When I requestioned BARAJAS about the weapons, he stated that the big guy, referencing COOK, had a weapon. BARAJAS stated that the short subject, LINO, also had a dark-colored handgun. BARAJAS did not have any further information to relay to investigators. At the conclusion of the interview, I formed the opinion that BARAJAS was not providing us with all of the information that he had knowledge of concerning the planning and execution of this robbery. It is also apparent that BARAJAS may fear for his family's safety if he were to completely confess to law enforcement concerning his activities and those of SUSPECT/COOK and SUSPECT/LINO. We terminated our contact with BARAJAS, and he was turned over to the custody unit of the San Luis Obispo County Sheriff's Office. DISPOSITION: Case previously cleared by arrest. Request one copy of this report be forwarded to Deputy District Attorney Sandra MITCHELL for inclusion in the prosecutor's file. Reviewed by: 126459 ~~~. ~t4{ ~t<~-jG. M. CLAYTON CLAYTON, #26459, kkr, 02/05/92 at 1323 hrs 3 OFFICER'S REPORT SAN LUIS OBISPO POLICE DEPARTMENT DR# 92024021 Report Date: 01-29-92 Report ID# 9212950.B54296 IN# 9212950 Subject: 664/187 PC SUPP This Report taken: 01-29-92 08:45 Loc. of Occurrence: SLOPD Connecting Reports: 92025007 PROPERTY DETAIL Quan Stat Article Manufac/Color 1 E CLOTHING Owner: S SHOES 2 E MISC Owner: SLOPD BANK FILM 1 E CLOTHING Owner: S SHOES 1 E CLOTHING Owner: S T-SHIRT 1 E FIREARM Owner: S HOLSTER 1 E MISC Owner: S PAPER SACK Mdl/Ser#UCR Value C K C C G K TOTAL VALUE OF PROPERTY:00 The Details can be found on a continuation Sheet attached to this report. s~rv~or ,ID# Reporting Officer(s) t4111 Klasey, Darrell R. As igned- O~ID#-Assmt~ Date/Time Processed 01-2~9-92 17:02 D~S~bSITION: Exception rres Unfounded OTHER COPIES or ACTION REQ ES lCo~plaint Re@~st Act1ve Inact1ve SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024021 Also refer to: 92025007 At the request of Detective Clayton, I contacted SLO Sheriff's Evidence Officer David Mattice regarding the shoes seized from suspect Cook (refer SLOSO# 9201-01273). Mattice turned the shoes over to me and I booked them into Evidence at SLOPD. The shoes, black in color, have a vibram-type sole. Attached are copies of the signed evidence receipt and the SLOSO evidence tag. At 1000 hours, I was contacted by FBI Special Agent Ladd, who gave me the following items: two rolls of film from the bank camera, a blue t-shirt with a Cleveland Indians logo, a pair of black deck shoes (bloodstained) with a triangle-pattern sole, a brown leather holster, and a bloodstained paper sack. Attached is the property receipt giving SLOPD custody of FBI- recovered evidence. Dispo: Previously cleared by arrest Report by: Darrell KlaS~dence Technician #54296 01-29-92 1 OFFICER'S REPORT SAN LUIS OBISPO POLICE DEPARTMENT Report Date: 02-04-92 Report ID# 9212950.C54296 DR# 92024021 IN# 9212950 Subject: 664/187 PC SUPP This Report taken: 02-04-92 12:25 Loc. of Occurrence: Connecting Reports: 92025007 PROPERTY DETAIL Quan Stat Article Manufac/Color Mdl/ser# UCR Value 1 E MISC MHNY AUTUNNO Owner: V PURPLE BOOK BAG K 1 E MISC BONNEAU Owner: UNK SUNGLASSES K 1 E CURRENCY Owner: V PAPER NOTES & ROLLED C A 230.00 1 E CURRENCY Owner: V CURRENCY 1 E MISC KODAK Owner: SLOPD FILM A 13281.00 ASA160 K TOTAL VALUE OF PROPERTY:13511.00 The Details are as follows: On 02/94/92 I was contacted by Special Agent Ladd of the FBI who gave me the items listed in the property section of this supp report. All cash was counted in the presence of Ladd. Refer to attached FBI and SLOPD receipts. At the request of Detective Clayton, I photographed the book bag prior to booking it into evidence. DISPO: Previously cleared by arrest. or ID# Reporting Officer(s) 1~ Klasey, Darrell R. As igned :ID# Assmt. Date/Time Processed 02-10-92 10:30 Normal Distribution 'b SPOSITION: Exce~tion ~ Unfounded OTHER COPIES or ACTION R~ ID# Assmt. Rep.54296 E lCo~plaint Re@~st Act1ve Inact1ve OFFICER'S REPORT SAN LUIS OBISPO POLICE DEPARTMENT Report Date: 02-05-92 Report ID# 9212950.D54296 DR# 92024021 IN# 9212950 Subject: 664/187 PC SUPP This Report taken: 02-05-92 10:30 Loc. of Occurrence: SLO SO LAB connecting Reports: 92025007 PROPERTY DETAIL Quan Stat Article Manufac/Color Mdl/Ser# UCR Value 1 E CURRENCY US Owner: V $50 BILL L49590546A A 50.00 1 E CURRENCY US Owner: V ROLL OF QUARTERS A 10.00 1 E FIREARM REMINGTON .44 Owner: S ROUNDS IN PLASTIC BAG G 1 E MISC DICTATAPE 421583 Owner: SLOPD LOGGER RECORDING TAPE K TOTAL VALUE OF PROPERTY: 60.00 The Details are as follows: On 02/05/92 I received the items listed in the property section of this supp report from Det. Bill Bowker of the SLOSO Lab. At appx 1145 hours I received the master tape from the SLOPD Communications Center (given to me by Comm Tech II Melinda Kennedy). DISPO: Previously cleared by arrest. rv.~' , ~QL Reportinq Officer(s) L~ Klasey, Darrell R. As igned o:ID# Assmt. Date/Time Processed 02-10-92 10:36 rl Normal Distribution ~ D SPOSITION: Exception rres Unfounded OTHER COPIES or ACTION RE E ID# Assmt. Rep.54296 E by D' /Clk re lCo~plaint Re@~st Act1ve Inact1ve OFFICER'S REPORT SAN LUIS OBISPO POLICE DEPARTMENT DR# 92024021 Report Date: 02-11-92 Report ID# 9212950.E54296 IN# 9212950 Subject: 664/187 PC SUPP This Report taken: 02-11-92 10:00 Loc. of Occurrence: SLOPD connecting Reports: 92025007 The Details are as follows: Latent fingerprint comparisons were made between the inked fingerprints of Cook, Lino, and Barajas and the latents lifted from the Chevy Blazer. The l$ft from the interior driver side window was made by Barajas and the lift from the exterior passenger door (next to the windwing) was made by Cook. DISPO: Previously cleared by arrest. S~~~~_ . . ID# Reporting Officer(s) Klasey, Darrell R. Assigned to:ID# Assmt. Date/Time Processed 02-18-92 16: 32 Normal Distribution ~ SPOSITION: ExceQtion Ar Unfounded OTHER COPIES or ACTION REQ ED ID# Assmt. Rep. 54296 E Py t1liv/Clk lCo~plaint Re@~st Act1ve Inact1ve re OFFICER'S REPORT SAN LUIS OBISPO POLICE DEPARTMENT Report Date: 04-08-92 Report ID# 9212950.H26459 DR# 92024021 IN# 9212950 Subject: SUPPLEMENTAL - 664/187 PC This Report taken: 04-06-92 11:00 Loc. of Occurrence: SLOPD connecting Reports: 92025007 ADDITIONAL PEOPLE INVOLV~D CODE: v=vict, w=wit, C=Comp, P=Parent, G=Guard1an, SUB=Subj, S=Susp Code: W Name: CASSIDY, FRANK H SR DOB: DL# : Addr: 820 BOTELLO RD CSZ: GOLETA, CA 93117 Aqe: Eyes: Veh/Other: Emp: SR CRIMINALIST/DOJ BUREA AKA: S~x: Ha1r: Race: wt: HP: t: ) wP: ( The Details are as follows: ON 04/03/92, I RECEIVED A COPY OF THE PHYSICAL EVIDENCE EXAMINATION REPORT COMPLETED BY SENIOR CRIMINALIST FRANK CASSIDY AT THE DEPARTMENT OF JUSTICE LABORATORY IN GOLETA. REFER COPY OF THE REPORT ATTACHED TO THIS REPORT. DISPOSITION: PREVIOUSLY CLEARED BY ARREST. REQUEST A COPY OF THIS REPORT BE FORWARDED TO DEPUTY DA SANDRA MITCHELL FOR INCLUSION IN THE PROSECUTOR'S FILE. lCo~plaint Requ~st Act1ve Inact1ve S~~o~. a ~~.. IDH _ Reporting Officer~s) 2~ Clayton, Gregory . A signed to:ID# Assmt. Date/Time Processed 04-0~: E~: Ol D1s~OSITION: Exception rre Unfounded OTHER COPIES or ACTION REQ ID# Assmt.~Of~Si 26459 I Y Di /Clk OFFICER'S REPORT SAN LUIS OBISPO POLICE DEPARTMENT Report Date: 04-08-92 Report ID# 9212950.F54296 DR# 92024021 IN# 9212950 subject: SUPPLEMENTAL/664/187 PC This Report taken: 04-06-92 16:00 Loc. of Occurrence: SLOPD Connecting Reports: 92025007 The Details are as follows: BASED ON THE PHOTOGRAPHS I TOOK OF THE RUGER .44 REVOLVER AS I WAS UNLOADING IT, THE ATTACHED CHART WAS PREPARED SHOWING WHICH CARTRIDGES HAD IMPACT ON THE PRIMER AND WHICH DID NOT. REFER TO THE ATTACHED SHEET. FINGERPRINT RIDGE DETAIL WAS DEVELOPED ON BOTH WEAPONS SEIZED IN THIS CASE. HOWEVER, IT IS OF NO VALUE FOR IDENTIFICATION OR ELlMATION PURPOSES. DISPOSITION: PREVIOUSLY CLEARED BY ARREST. r~' r . ~~ Reportinq Officer(s) J~ Klasey, Darrell R. As igned t :ID# Assmt. Date/Time Processed 04-08-92 13:54 r~~ormal Distribution ~-~ D~SPOSITION: Exception rres~ Unfounded OTHER COPIES or ACTION REQ ESTED ID# Assmt. Rep. Off. Signature 54296 E by Div/Clk ~' lCo~plaint Reqy~st Act1ve Inact1ve DATE <f-'~92-_ C L NDER CB 'iZ02Y()ZI BOTATIOt( RIGHT . MAKE P.tUlD.E L SEBJAL lJ6d( 5u1'Ii(( IS L fJCK. fflhJ K.. 8/- )J7~7 OFFICER'S REPORT SAN J..JJIS OBISPO POLICE DEPARTMEh.' DR# 92024022 Report Date: 01-25-92 Report ID# 9212957.A28391 IN# 9212957 subject: COURTESY/664/211 PC This Report taken: 01-24-92 19:07 Loc. of Occurrence: LOS OSOS VALLEY ROAD/F connecting Reports: 92024021 /SLOSO #9201-01273 ADDITIONAL PEOPLE INVOLV?D CODE: v=Vict, w=Wit, C=Comp, P=Parent, G=Guard1an, SUB=Subj, S=Susp Code: V Name: DOB: Addr: CSZ: Veh/Other: SLV 90 CHEV P/U/LIC KEVGO Code: W Name: Eyes: Ha1r: wt: Ht: Veh/other: Emp: AKA: Code: S Name: UNKNOWN, DOB: DL# : Addr: CSZ: Age: 21 S~x: M Race: H HP: ( ) WP: ( ) Eyes: Ha1r: BK wt: Ht: 509 - Veh/Other :.. Emp: AKA: The Details can be found on a Continuation Sheet attached to this report. sor , ~ 112j _ ReportiJ;lg Officer($ADarbysh1reII, DaV1 A signe o:ID# Assmt. Date/Time Processed 01-25-92 11:54 D1s~g~ITION: Exception Arrest Unfounded ID# Assmt. Rep. Off. Signature 28391 P L-- int Re@~st ) Inact1ve SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024022 SUSPECT: Hispanic male adult, 21 to 22 years, 5'9" to 6', short dark hair combed back, "long whiskers", and wearing a dark sweater. WEAPON: Blue steel revolver with white grips. SUBJECT: Black male, 17 to 18 years, 5'7" to 5'8", short Afro, dark jacket, dark gloves, and bleeding from the leg. SOURCE: Dispatched. PROBABLE CAUSE STATEMENT: Victim/stated that an armed suspect attempted to commandeer his vehicle near the intersection of Los Osos Valley Road (LOVR) and Foothill Boulevard. states that a second subject climbed into the bed of his pickup truck. stated that he was able to drive his vehicle away rapidly, leaving the armed suspect behind, and subsequently having the subject in the pickup bed leave his vehicle. This incident is related to an armed robbery that occurred at a bank in the City of San Luis Obispo as documented under Case 92024021. DETAILS: Officer PAULDING and I contacted V/and his companion/witness/at residence. STATEMENT V / stated that he was driving his pickup truck northbound on LOVR at Foothill Blvd and was stopped for the light. He states that was in the right front seat. He states that the Hispanic male suspect approached the driver's door to his pickup truck and began trying.to open the door. He states that he 1 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024022 observed the Hispanic male suspect lift his sweater and observed a handgun grip and cylinder visible from the Hispanic male suspect's belt. He states that he also observed that a Black male subject had climbed into the pickup bed of his vehicle. He states that fearing for his safety, he drove around the vehicle that was stopped in front of him and drove at a high speed northbound on LOVR. He states that the Hispanic male suspect apparently got into a white vehicle that had been stopped in front of him at LOVR and Foothill Blvd. He said he drove at high speed and observed the Black male subject laying in the bed of his pickup truck. He saw what appeared to be blood coming from the subject's leg area. He states that this subject appeared scared and was motioning with his hands for him to slow his vehicle. He states that approximately 1/4 mile north of the i~tersection at Foothill and LOVR, he pulled to the side of the road, and the Black male subject climbed out of his pickup bed. He states he believes that the Black male subject either ran into the field or got into a white car that stopped. He believes that the white car was also that which had been stopped in front of him earlier at LOVR and Foothill Blvd. He recalls that the vehicle in front of him had been occupied by an older male and that he was very concerned. He felt that the Hispanic male subject with the gun had possibly taken that white car from the person in it earlier. He states that he's uncertain as to whether or not he will be able to identify the Hispanic male subject, but he feels that he may be able to identify the Black male subject who had been in the pickup bed. He states that the Hispanic male suspect touched the driver's door area of his vehicle and that the Black male subject touched the pickup bed and the sides of the b~d while entering and exiting. He notes that there is a quantity of blood on the bed of the pickup truck that is apparently that of the Black male 2 SAN LUIS OBISPO POLICE DEPARTMENT CA0400600 SUPPLEMENTAL REPORT 92024022 subject. STATEMENT - W/ repeated the statements made by stating that she is uncertain as to her ability to identify either subject. V/allowed Officer PAULDING to drive his vehicle to the San Luis Obispo police Department to be secured and to be processed for physical evidence. Officer PAULDING secured the vehicle in a locked sally port, and I marked the vehicle with evidence tape. Detective WEBSTER responded to the police department to conduct further follow-up regarding the attempt PC 211 courtesy report for the San Luis Obispo Sheriff's Office. EVIDENCE: Refer evidence report under this case number. SUMMARY: Suspect armed with a handgun attempted to take the victim's vehicle by threatening the use of the handgun as the victLm was seated in his vehicle.. The victim drove his vehicle away from the suspect. An unknown subject climbed into the back of the victim's pickup truck and is possibly related to the incident. The subject in the back of the pickup subsequently exited the vehicle when the victim slowed to the side of the road. This incident is related to a PC 211 occurring under DR #92024021 in the City of San Luis Obispo. DISPOSITION: Case pending investigative follow-up. Copy to San Luis Obispo Sheriff's Office. Copy combined with DR 192024021. DARBYSHIRE, #28391, kkr, 01/25/92 at 0919 hrs (024022s1.kr) 3