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Home My WebLink AboutSLOPD 110414005 Redacted0 <(FI ()] S- San Luis Obispo Police Department Police Report Page:1 Case Number: 110414005 Case Type: Alcohol Offense Address: 375 RAMONA & TASSAJARA S City: San Luis Obispo State: CA When Reported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 Responsible Officer: Villanti, J' Description: Alcohol Area: LZ1 Zip: 93405 and 03:52:57 04/14/11 LZ1 MO: FELONY PC (4 422 FELONY PC 69 MISDEMEANOR 415 (2) MISDEMEANOR 148 (A) (1) MISDEMEANOR 243(B) Case File Offense Detail 1 Threatening 2 Obstructing Justice 3 Assault, Police, Simple 4 Disturbing the Peace 5 Obstructing Justice Case File Names Detail ARRESTED NAME: MCMASTER, JASON ROBERT Race: W Sex: M DOB: 07/06/73 ARREST Date: 04:15:00 04/14/11 Type: Booked into County Jail Disp: Felony Arrest Judicial Age Status: A Agency: San Luis Obispo Police Depart. Arresting Officer: Kemp, C Location: RAMONA & TASSAJARA OFFENSE: Assault, Police, Simple Statute: Battery Police Off/Emergcy Psn Class: Misdemeanor Location: RAMONA & TASSAJARA Time/Date: 04:15:00 04/14/11 Type: State Statute Court: Law: California State Statute OFFENSE: Disturbing the Peace Statute: Disturb by Loud/Unreason Noise Class: Misdemeanor Location: RAMONA & TASSAJARA Time/Date: 04:15:00 04/14/11 Type: State Statute Court: Law: California State Statute OFFENSE: Disturbing the Peace Statute: Terrorize Class: Felony Location: RAMONA & TASSAJARA Time/Date: 04:15:00 04/14/11 Type: State Statute Court: Law: California State Statute DR- PJR 1 :; 2DiI\J San Luis Obispo Police Department Police Report Case Number: 110414005 OFFENSE: Obstructing Justice Statute: Obstruct/Resist Executive Off Class: Felony Location: RAMONA & TASSAJARA OFFENSE: Obstructing Justice Statute: Obstr/Res Public Officer/Etc Class: Misdemeanor Location: RAMONA & TASSAJARA Page:2 Time/Date: 04:15:00 04/14/11 Type: State Statute Court: Law: California State Statute Time/Date: 04:15:00 04/14/11 Type: State Statute Court: Law: California State Statute San Luis Obispo Police Department Police Report Page:2 Case Number: 110414005 NARRATIVE: OFFICER NAME & 10 NUMBER: Villanti/88907 04.14.2011 ASSISTING OFFICERS: Sgt. KEMP, Ofc. MCCORNACK and Ofc. LOCARNINI were present from SLOPD. WAYNE LYONS was present from Cal Poly PD. Ofc. SUMMARY: Unk Suspect was reported by three different RPs advising subject was agitated and yelling profanities. When officers contacted the subject, he challenged them and physically fought with the officers. DETAILS: On 04.14.2011 at approx 0352 hours, I was dispatched to the area of Santa Rosa and Meinecke for a disorderly subject. Dispatch advised the subject was a W/M/A who was yelling profanities and possibly intoxicated. I arrived in the area and could not find the subject. While looking for the subject, dispatch advised that SLO Donuts was reporting the subject in their parking lot. I arrived shortly after receiving the information and was still unable to locate the subject. I headed W/B Ramona towards Palomar and observed Valencia Apartment complex Security Officer looking W/B Ramona towards Elm Ct. I continued driving W/B Ramona and observed a W/M/A on the south sidewalk of Ramona. I could hear the subject yelling very loudly and flailing his arms in the air. As I closed the distance on the suspect, he directed his attention toward my patrol car. The subject left the sidewalk and ran in to the middle of the road as I passed by. My car windows were rolled down and I could hear the subject yelling "I'm going to kill you" as I drove by. I continued to drive up towards Elm Ct. and was planning on making a u-turn to position my vehicle so the in-car video would record my contact. I advised dispatch that I located the subject and he was very agitated. I informed dispatch that I was going to stage for a second officer and to have that officer deploy a less lethal bean bag launcher. Just prior to making a u-turn, I noticed the subject was sprinting towards my car closing the distance quickly. He was still yelling, "I'm going to kill you." I continued W/B Ramona to Tassajara and made a u-turn and positioned my patrol car so I could record the subject running up the road. My vehicle was stopped in the intersection and I activated my in-car video and started recording the incident. The suspect moved to the south sidewalk and was on the S/E corner of the intersection. The subject was still fixated on my patrol car and sprinting towards it. I exited my car and radioed that I noticed the suspect was holding an unknown object in his right hand. I approached the subject from west to east and observed Sgt. KEMP and Ofc. San Luis Obispo Police Department Police Report Page:3 Case Number: 110414005 LOCARNINI approach from north to south. KEMP and LOCARNINI stayed together andwepositionedourselvesinatriangularformation. All three of us were approx10feetfromthesubject. SGT. KEMP had his baton out and started giving thesuspectverbalcommandstodroptheweaponandlayontheground. The suspect dropped a silver object out of his right hand. I noted the objectwasapprox6-8 inches in length and resembled a knife. The suspect then laiddownprone, stomach side down and placed his arms out to the side. I approachedthesuspectfromthewestwhichwashisleftside. I grabbed his left arm tobeginhandcuffinghimfromaproneposition. Right as I grabbed his left arm heyankedbotharmsviolentlyandtuckedthemunderhischest. Sgt. KEMP moved in and grabbed his right arm. The two of us attempted to removehisarmsfromunderneathhimandmovethemtothesmallofhisbacksowecouldcuffthesuspect. SGT KEMP continued to give the suspect verbal commands tostopresistingandputhishandsbehindhisback." Ofc. LYONS restrained thesuspect's legs while we were fighting to get control of the suspect's arms. After approx 30 seconds of struggling with the suspect's hands, he displayedgreatstrengthandstoodup. The suspect was now within an arm's reach of theobjecthedropped, which I thought was a knife. The suspect was yellingunintelligiblyandsweatingprofusely. I could see his muscles were very rigidandhisbreathingwasdeepandlabored. He appeared to be in a drug induced state. The suspect continued to charge forward towards officers without following verbal orders to stop. Sgt. KEMP grabbed the suspect and knocked him to the ground. KEMP attempted torestrainthesuspectwithacarotidcontrolhold. The suspect broke free andstoodup. Ofc. LYONS deployed his OC spray and gave the suspect two lengthyburstsofOCinhisface. This agitated the suspect even more. The suspectchargedtowardsKEMP, LOCARNINI and LYONS. Ofc. LOCARNINI and MCCORNACK each deployed a Taser from a close distance in an attempt to stop the suspect's violent charge. The suspect had his hands up athischestlevelduringthecharge. The scene was poorly lit and I could not visually tell if the Taser prongs penetrated the suspect's skin. I noted the Taser deployment did not faze the suspect and he continued to move forward towards officers. SGT KEMP and I deployed our batons and both struck the suspect several times on opposite sides of his body. The suspect continued to fight through the baton strikes and was moving NIB toward the N/E corner of the intersection. SGT KEMPtackledthesuspectandhefellontohisstomach. I jumped on the back of the suspect and applied a Carotid control hold. The suspect was still yelling,spitting and attempting to stand up. KEMP, MCCORNACK, LYONS and LOCARNINI were all present and assisting. From my position I could not see where the other officers were located. I could hear KEMP and MCCORNACK discussing handcuffingandthefactthesuspectwasstillfighting. I tightened the Carotid control hold and applied pressure to the suspect's arteries. I held the hold until the suspect lost conscious and was able to be handcuffed and his feet restrained with a hobble. After the suspect was cuffed we rolled him over to both sides and checked him for weapons and contraband. No other items were found on the suspect. San Luis Obispo Police Department Police Report Page:4 Case Number: 110414005 MCCORNACK checked the suspect's airway, breathing and circulation. The suspectwasconscious, breathing and his muscles were very rigid and convulsing. Hecontinuedtospitandflailandyellunintelligibly. We left the suspect on hisleftsideandMCCORNACKmonitoredthesuspect's breathing while we controlledthesuspect's body. SLOFD arrived and after approx a minute the suspect appeared to stop breathing.Ofc MCCORNACK yelled to Fire that they needed to assist with medical attentionforthesuspect. SLO Fire requested the suspect be uncuffed. I removed thecuffsandthesuspectwasTOTtoSLOFDandSanLuisAmbulanceparamedics. INJURIES: I sustained approx six cuts on my left upper arm and cuts and bruises to bothknees. DISPOSITION: Cleared by arrest. Forward to DA for complaint. o"~ABdQs 04/14/11 12:30 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT~\ Page: 231 1 Case Number: 110414005 Case Type: Alcohol Offense Description:Address: 375 RAMONA & TASSAJARA S Area: LZ1 LZ1City: San Luis Obispo State: CA Zip: 93405 When Reported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 and 03:52:57 04/14/11ResponsibleOfficer: Vi11anti, J Reported: Observed: Offense Codes: AOFF Alcohol Offense THRE OBST APSM DSPC OBST Threatening Obstructing Justice Assault, Police, Simple Disturbing the Peace Obstructing Justice FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR 422 69 415 (2) 148 (A) (1) 243 (B) INVOLVEMENTS: Date Number Description Relationship 04/14/11 04/14/11 04/14/11 04/14/11 SUBJECT WITNESS REPORTING PARTY WITNESS ADDITIONAL PEOPLE Relationship: SUBJECT Relationship: WITNESS I{ 04/14/11 11: 22 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Case Number:110414005 Relationship: REPORTING PARTY 04/14/11 11:22 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 3 Case Number:110414005 Supplemental Narrative: Seq: 1 OFFICER NAME & ID NUMBER:Phillips #69585 SUPPLEMENTAL NARRATIVES On 4/14/11 at approx. 0450 hrs, Sgt Kemp requested I respond to his location onRamonaforassistancewiththeirincident. Upon arrival, he requested I speaktothewitnessesthatoriginallycalledinthesuspect. I responded to 793 Foothill #F (Donut Co.) to speak to the witness(es). Uponarrival, I spoke to employee who related the following to me. STATEMENT BY R/P R/P said that she was working the counter at SLO Donut and there were 2-3customersinsideeatingaswell. She heard someone shouting outside and then awhitemaleappearedneartheeaststoreentrance. He was waving his arms in theairand "ranting." He moved across the windows towards the south side stillshouting. She could not understand what he was shouting. He shouted thingslike "Go ahead, google me!" and "Yeah, I'm crazy!" described how thesubjectlookeddangerous. She claimed that she sees intoxicated people allnight, "but this guy looked like he was gonna hurt someone if he came inside."She said that she was actually scared for the first time in a long time afterwhatshesawandheardfromthesuspect. As soon as the suspect moved away fromtheglass, she called 911. There was a customer sitting nearby and she identified herself to me asSherelatedthefollowingtome. STATEMENT BY W/ W/ was sitting with her back to the east door when she heard someoneoutsideyelling. She turned around to see the suspect standing outside. He wasshouting, but she could not hear what he was shouting about. She described himasbeing "on something." She felt that if she didn't look at him, maybe hewouldgoaway. She could hear the suspect moving from the east side of thebuildingtothesouthside. He was at the windows the entire time. Next I spoke to another witness who was present during the suspect's encounter.He ID'D himself as and he related the fOllowing to me. STATEMENT BY W/ w/ said he was sitting inside the store along the south side. He wasworkingonhislaptopwhenheheardthesuspectoutsideyelling. The suspectwas "poking" the windows with both hands and shouting. could notunderstandwhatthesuspectwassaying. The suspect continued to yell and poketheglassashemovedfromtheEastsidetothesouthsidewherehewasat.heard the suspect say something like "keep working!" while he was at theglassbehindhim. The suspect then disappeared from sight. I spoke to Cal Poly PD Officer Wayne LYONS who told me that he had just spoke tothesecurityguardfromValenciaapartmentsabouttheincident. LYONS said thesecurityID'D himself as and told LYONS the fOllowing. STATEMENT BY W/ 04/14/11 11: 22 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 4 Case Number:110414005 WI said he was working security for Valencia apartments when he heard a male subject yelling near the front. When he went to check, he saw the suspectwalkingwestboundonRamona. He could hear the suspect yelling and waving his arms. saw that as a SLOPD unit arrived on scene, the suspect started chasing it westbound. The officer did not exit, but continued to drive westbound to stay in front of the suspect. Both, the suspect and the SLOPD unit continued and could not see what happened after that. DISPOSITION: Cleared by arrest-Add to case V"o,, ~Ye" /"l ~ 04/14/11 12:31 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT~~ Page: 231 1 Case Number: 110414005 Case Type: Alcohol Offense Description:Address: 375 RAMONA & TASSAJARA S Area: LZ1 LZ1City: San Luis Obispo State: CA Zip: 93405 When Reported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 and 03:52:57 04/14/11 Responsible Officer: Vi1lanti, J Reported: Observed: Offense Codes: AOFF Alcohol Offense THRE OBST APSM DSPC OBST Threatening Obstructing Justice Assault, Police, Simple Disturbing the Peace Obstructing Justice FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR 422 69 415 (2) 148 (A) (1) 243 (B) INVOLVEMENTS: Date Number Description Relationship f 04/14/11 11:22 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 2 Case Number:110414005 SUPPLEMENTAL NARRATIVES Supplemental Narrative: Seq: 2 OFFICER NAME & 10 NUMBER: C.Locarnini 59980 ell 4/14/11 DETAILS: On 4/14/11 around 0400 hrs, I was on duty in uniform assisting officer McCornack with an unrelated call for service at Sierra Vista Hospital. I heard Officer Villanti being dispatched to a report of a subject in the parking lot of SLO Donut yelling. I advised on the radio that I would be enroute to back Officer Villanti. Dispatch gave an update that the subject was now at Valencia Apartments, 555 Ramona. Officer Villanti located the subject and told me over the radio the subject was acting aggressive and he, Officer Villanti, was goingtowaitformetoarrivebeforecontactinghim. He then said the 51 was being aggressive towards him in his vehicle and they had moved to Ramona at Tassajara. As I was arriving I could see officer Villanti in his vehicle on the west side of the intersection. The 51 was on the south side of the street east of the intersection. He was pacing back and forth, was very animated in his movements and was yelling. Officer Villanti asked for the next officer to deploy a less lethal beanbag launcher. I stopped east of the 51 and retrieved the less lethal device from my trunk. As I was doing so Sgt Kemp pulled up behind me. Officer Villanti advised us over the radio that the 51 was holding something in his hand. I could hear the 51 was yelling about "The second corning of the Lord Jesus Christ" and Satan and demons. As Sgt Kemp and I started to approach the 51 he turned and ran towards Officer Villanti's patrol car but stopped in the middle of the intersection. I cycled the beanbag launcher as Sgt Kemp ordered the 51 to drop what was his hand. I saw the Sldrop a silver object that was long and skinny. It appeared to me to be a pocket knife. The 51 continued to yell about the end of time and the return of the Lord. He made no verbal acknowledgement of the officers or their directions. Officer Villanti, Sgt Kemp and I continued to approach the 51 as Sgt Kemp ordered the suspect to get on the ground. The 51 took a step or two backwards then dropped to his stomach. He held his head and chest off the ground looking at us still yelling. Much of what the 51 was yelling now made no sense. He was body was very rigid and tense and both of his hands were clenched. I continued to hold the beanbag launcher on the 51 as Officer Villanti and Sgt Kemp took a hold of the 51's wrists. The 51 immediately began resisting by pulling his hands and arms under his body and pushing himself up and trying to stand. Officer Lyons (Cal Poly PO) arrived and began trying to help detain the 51. I secured the beanbag launcher in Officer villanti's car so I could assist in restraining the 51. The 51 was continuing to fight with officers resisting our attempts to put him into handcuffs. I could see Sgt Kemp was trying to get the 51 into a control hold but even with Officer Villanti and Lyons assisting him they were having difficulty. Sgt Kemp asked for a taser but none of the officers had one on them. I ran to my car and retrieved my taser. Officer McCornack arrived and as we were both approaching the 51 and officers I saw the 51 pull away from the officers and stand up. He was walking towards the officers swinging his arms at them in a very animated aggressive manner. The 51 was still yelling angrily but 04/14/11 11: 22 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 3 Case Number: 110414005 it didn't sound like he was saying anything. Officer Lyons sprayed the SI inthefacewithpepperspraywhileanotherofficerwasyellingattheSIto "get on the ground." Officer McCornack deployed his taser to the SI. The SIrespondedbyturningtowardsOfficerMcCornackyellingangrilyathimand movingtowardshim. I saw the SI reach out like he was going to grab Officer McCornackandIdeployedmytaser. One of the barbs stuck in the SI but the other didnot. Seeing my taser had no affect, I removed the cartridge so I could use thetaserto "dry stun" if necessary. With both tasers being ineffective the SI continued to reach for and advance onofficersallwhileyellingangrilyandunintelligibly. Both Sgt. Kemp andOfficerVillantideliveredmultiplebatonstrikestotheSI's legs. The SI onlyyelledandraisedhisclenchedfistsinresponsetothebaton. I retrieved thebeanbaglauncherfromthecarastheSIbeganmovingnorththroughtheintersection. Sgt Kemp requested the fire respond code 3 and stage. His attention was still on the officers and his movements and actions wereerraticandviolent. SI clenched both of his fists, yelled loudly and startedtorushtowardsofficers. I announced I was going to use the beanbag launcherbutasIdidsoSgtKemprantowardsandtackledtheSItotheground. OfficerVillanticontrolledtheSI's upper body with a carotid hold, Officer McCornackwasabletocontrolthearmsandOfficerLyonsandIcontrolledtheSI's legs.Once the SI was under control I placed a handcuff on the SI's right arm, whichSgtKempwashOldingandstillstrugglingwith. Sgt Kemp took the handcuffs andheandOfficerMcCornackcuffedtheSI's left hand. The SI appeared to havelostconsciousnesssowerolledhimontohissideandperformedasternumrub.Officer McCornack checked the SI's breathing and pulse. The SI started to spit,yell and struggle with us somewhat. Officer Lyons had retrieved a hobble andwrappeditaroundtheSI's ankles. I continued to restrain the SI's legs topreventhimfromkicking. After about a minute the SI stopped yelling andmoving. Officer McCornack checked his breathing and pulse again and immediatelyaskedfire, who was on scene, to check the SI. The SI was released from allrestraintsandturnedovertofireandambulancepersonnel. DISPOSITION: Cleared by arrest. SUPERVISOR:tt3 04/14/11 12:32 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT~Page: 231 1 Case Number: 110414005 Case Type: Alcohol Offense Description:Address: 375 RAMONA & TASSAJARA S Area: LZ1 LZ1City: San Luis Obispo State: CA Zip: 93405WhenReported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 and 03:52:57 04/14/11ResponsibleOfficer: Vi11anti, J Reported: Observed: Offense Codes: AOFF Alcohol Offense THRE OBST APSM DSPC OBST Threatening Obstructing Justice Assault, Police, Simple Disturbing the Peace Obstructing Justice FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR 422 69 415 (2) 148 (A) (1) 243(B) INVOLVEMENTS: Date Number Description Relationship t(\ 04/14/11 11:23 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 2 Case Number:110414005 Supplemental Narrative: C. McCornack/ 62657 SUPPLEMENTAL NARRATIVES Seq:3 CASE# 110414005 SUPPLEMEMTAL: DETAILS: On 4-14-2011 at approximately 0352 hours, I responded to Ramona and Tassjararegardingareportofasuspicioussubject. Prior to my arrival I heard Sgt.Caleb Kemp and Officer John Villanti advise the suspect possibly had a weapon inhishand. I responded from Sierra Vista Hospital. Upon arrival I saw the suspect was laying face down in the street. Just as Istoppedmypatrolvehicle, I saw the suspect stand up and walk away from theofficers. As I exited my patrol vehicle I heard the officers ordering the suspect to stopresisting. I approached the area and saw the suspect actively resisting ordersbywavinghisarmsandwalkingaway. I heard the suspect yelling but I wasunabletounderstandwhathewassaying. I saw Cal Poly Officer Wayne Lyons was on scene and had his pepper spray out.Officer Lyons pepper sprayed the suspect but the application was ineffective. I saw the suspect was wearing a large heavy wool coat and a pair of shorts. Duetothesuspectresistingordersandnotcomplyingwithofficers, I drew my SLOPDTASER. Knowing the TASER was unable to penetrate heavy clothing I attempted todeploytheTASERintothesuspect's legs. The TASER missed the suspect and didnotpenetratehisskin. The suspect then turned towards me and started to walk in my direction. OfficerVillantiandSgt. Kemp used their Batons in an attempt to subdue the suspect. Isawthemstrikethesuspectinthelegarea. I saw the Baton strikes wereineffectiveandthesuspectcontinuedtoactivelyresistandattempttopush hisarmsouttogaindistance. I heard the suspect making a growling noise but Iwasstillunabletounderstandwhathewassaying. As the suspect's attention was towards Officer Villanti and Sgt. Kemp, Iattemptedalegsweeptakedownmove. I attempted to sweep the suspect's feetoutfromunderhimandtakehimtotheground. As I performed the leg sweep thesuspectspuntowardsmeandIfelltotheground. When I got up I saw the suspect walking across the street away from us. Wefollowedhimwhilestillgivinghimorderstostop. As he was near the northeastcornerofRamonaandBroad, I saw Sgt. Kemp tackle the suspect to theground. While on the ground I grabbed the suspect's left hand and attempted to controlhismovements. The suspect continued to resist by trying to pull his arms freeseveraltimes. Sgt. Kemp had control of the suspect's right hand and OfficerVillantiattemptedtogaincontrolofhisupperbody. As we were attempting to 04/14/11 11: 23 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 3 Case Number: 110414005 control the suspect he was kicking his feet and moving trying to free himself. Officer Locarnini and CPPD Officer Lyons grabbed the suspect's feet to stop him from kicking. We were able to place the suspect in hand cuffs and Officer Lyons placed a hobble around the suspect's feet. I noticed the suspect was unconscious after placing him in hand cuffs. He was laying face down at the time. I rolled him onto his side and gave him a sternum rub and he woke up. I check the basics ABC's airway, breathing and circulation. I saw the suspect had a pulse and he was breathing. The suspect began to talk and said "I'm going to fuck you guys." He was again making a growling sound, then started spitting on the ground. I notice he was sweating profusely and still attempting to kick free. SLOFD arrived at the scene. They saw the suspect was breathing and alert due to his yelling and combative demeanor. As they were standing at a safe distance away, the suspect appeared to go unconscious again. I ordered them over for assistance. SLOFD assisted the suspect medically. They put him on a gurney and placed him in the San Luis Ambulance. SLOFD requested an officer ride with San Luis Ambulance to Sierra Vista Hospital and requested I drive the ambulance while they treat the suspect. I drove the ambulance to Sierra Vista Hospital and turned the suspect over to the emergency room staff. While at Sierra Vista Hospital I took several photos of the suspect. I later down loaded the digital photos as evidence at SLOPD. DISPOSITION: Cleared by arrest. C. McCornack/ 62657 4-14-2011/0830 SUPERVISOR:8/14'3' 04/14/11 12:33 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT~~ Page: Case Number: 110414005 Case Type: Alcohol Offense Description: Address: 375 RAMONA & TASSAJARA S Area: LZl LZ1 City: San Luis Obispo State: CA Zip: 93405 When Reported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 and 03:52:57 04/14/11 Responsible Officer: Vi11anti, J Reported: Observed: Offense Codes: AOFF Alcohol Offense THRE OBST APSM DSPC OBST Threatening Obstructing Justice Assault, Police, Simple Disturbing the Peace Obstructing Justice 231 1 FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR 422 69 415 (2) 148 (A) (1) 243 (B) INVOLVEMENTS: Date Number Description Relationship 04/14/11 6975 MCMASTER, JASON ROBERT AP ADDITIONAL PEOPLE Relationship: AP NAME: MCMASTER, JASON ROBERT Race: W Sex: M DOB: 07/06/73 Address: 6975 04/14/11 11:24 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 2 Case Number:110414005 SUPPLEMENTAL NARRATIVES Supplemental Narrative: Seq: 4 Sergeant CKEMP, #53500, 4-14-11 at 0637 hours SUPPLEMENTAL REPORT: The purpose of this supplemental report is to document the incident the in the intersection of Ramona and Tassajara on 4-14-11 at approximatelyhours. On the night of the incident I was the on duty watch commander. S/ was later positively identified as S/ Jason McMaster. occurred 0410 The DETAILS: On 4-14-11 at about 0404 hours, Officer John Villanti was dispatched to the area of Ramona and Tassajara for a male subject yelling and stumbling in the area. Officer Locarnini heard the call and radioed dispatch that she would be enroute to assist officer villanti. Prior to Officer Locarnini's arrival, Officer Villanti told dispatch that he was going to wait for another officer to contact the subject later positively identified as S/ Jason McMaster. After Officer Villanti put out that radio traffic, I responded code 2 from the station to assist Officers Villanti and Locarnini. Upon arrival, I parked the Sergeant SUV directly behind Officer Locarnini's unit along the north curb line of Ramona just east of Tassajara. Officer Villanti requested that I deploy the bean bag shotgun. Officer Locarnini deployed the bean bag shotgun from the trunk of her vehicle. As I walked towards Officer Villanti (who was standing near the front of his vehicle west of my location) I saw McMaster pacing near the Southeast corner of Ramona and Tassajara. As I got closer to McMaster, I saw that he appeared extremely agitated. His body movements appeared rigid and unnatural. His demeanor was angry, irrational and confrontational. Based on his elevated, unprovoked, angry demeanor, I determined I would deploy my expandable baton. As I got within 15-20 feet of McMaster, Officer Villanti called out that McMaster was holding something in his right hand. I looked at McMaster's right hand and saw something silver and slender clutched in his hand. I believed that McMaster was holding a weapon of some sort. I assumed a defensive stance directly in front of McMaster and had my baton in my right hand in the low ready position. I extended my left arm towards McMaster and started shouting verbal commands towards him. I very sternly told him to drop what was in his hand and get onto the ground. I repeated myself several times, elevating my volume and decisiveness with each verbal command. McMaster suddenly threw the silver object out of his hand, and it landed several feet away from him. McMaster continued to yell and display a great deal of anger towards the officers. Around this time, Cal Poly PO Officer Wayne Lyons and Officer Caleb McCornack arrived on scene to assist. I continued to tell McMaster to get down on the ground as I advanced gradually towards him. McMaster started moving down towards the ground, appearing to begrudgingly follow my commands. McMaster laid himself face down with his arms extended away from his body and the top of his head facing me. As I moved closer to McMaster he was screaming something about Armageddon or the second coming of Christ. I took a hold on his right arm to attempt the handcuffing process. Officer Villanti was on his left side attempting to control McMaster. McMaster tensed his entire body and pulled both 04/14/11 11:24 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 3 Case Number: 110414005 arms back underneath his chest area. Officer Villanti and I attemptedunsuccessfullytogaincontrolofhisarms. McMaster appeared to get moreagitatedandwasincreasinglydifficultforustocontrol. During the strugglewithMcMaster, I lost control on my baton on the ground a few feet from thefight. I moved my body to the backside of McMaster and placed my right arm underneathhischintoapplythecarotidrestraint. McMaster was able to get to his handsandkneespriortomebeingabletosuccessfullyapplyit. During this timeseveraloftheassistingofficerswereattemptingtohelpcontrolMcMaster. AtsomepointMcMasterwasabletogetbacktohisfeet. While standing behind him,I pulled McMaster backwards and attempted to apply a second carotid. AsMcMasterstruggledIendeduponmyback, and McMasters back on my chest. I wasagainunabletosuccessfullyapplythecarotidrestraint. McMaster was able togetbackuptohisfeetandcontinuedtofight. As several officers continuedtostrugglewithMcMaster, Officer Lyons deployed a steady burst of OC spraydirectedatMcMaster's face. The OC spray had little to no effect on slowingdownMcMaster. McMaster continued to struggle and became increasingly hostile.At some point during the fight I requested additional units. At approximately0416hours, I requested fire code 3 and to stage on Tassarjara. As McMaster continued to struggle, Officer Locarnini yelled "taser." Based onmytrainingandexperience, I knew that she was planning on deploying her taseratMcMaster. I heard the taser deploy and saw that it was towards McMaster. Iimmediatelysawthatthetaserwasunsuccessful. McMaster broke free from theofficersanditappearedthatanotherburstofOCspraywasdirectedatMcMasterbyOfficerLyons. Officer McCornack attempted a second taser deployment atMcMaster. This deployment had no effect on McMaster. During this time I retrieved my baton from the ground and took another defensivestanceinfrontofMcMaster. McMaster continued to defy orders and act aggressively towards officers. In response, I delivered four consecutive batonstrikestothemeatyportionjustabovetheleftandrightkneesofMcMaster.Each strike was in the acceptable target area, but had no effect at all on McMaster. McMaster appeared to actually be energized by the baton strikes.After delivering the strikes, McMaster raised his arms above his head and appeared to let out a celebratory scream. During this exchange it appeared thatOfficerVillantialsodeliveredbatonstrikes. For details refer to his original crime report. McMaster moved north across the intersection as officers continued to attempt tocontainhim. As he moved, I delivered another baton strike just above McMaster's knee. This baton strike again had no apparent effect on McMaster. At the northeast corner of the Tassajara and Ramona officers continued to struggle with McMaster. While McMaster's attention was directed towards anotherofficer, I ran and tackled him into some bushes near the sidewalk. The assisting officers grabbed onto McMaster to hold him down. McMaster continued to struggle, attempting to break free. Officer Villanti got onto McMaster'sbackandwasabletosuccessfullyapplythecarotidrestraint. After a coupleseconds, the McMaster stopped resisting and went limp. We were able to successfully able to apply handcuffs on the McMaster. After placing handcuffs on the McMaster, he regained consciousness and continued screaming, cursing and spitting, while attempting to break free. McMaster's 04/14/11 15:37 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 4 Case Number: 110414005 words were often unintelliable and made no sense. During this time I saw that McMasters' jaw appeared extremely rigid. Based on my training and experience, I believed McMaster was demonstrating signs of being under the influence of a stimulant. I again requested fire code 3 to our location. Once fire arrived on scene, he appeared to start having a medical condition. He was immediately un-handcuffed as medical attention was provided. McMaster was loaded into a waiting ambulance the Officer McCornack drove to Sierra Vista. At the conclusion of the incident, Cal Poly Officer Paul Davis started an event log. Assisting officers immediately taped off the surrounding area and secured the evidence in place. I notified Lieutenant Keith Storton, who in turn made upward notifications. At approximately 0645, I was relieved at the scene by Sergeant Hixenbaugh. INJURIES: Abrasions from the asphalt to my ring and middle finger's lower knuckle on my left hand. Scrapes to my left and right knee Scrapes to both elbows Dirt, discoloration and scratches to my pants and boots. All officer/suspect injuries were documented with digital photos DISPOSITION: Cleared by arrest SUPERVISOR:t.f.3 04/14/11 12:34 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT ~S Page: 231 1 Case Number: 110414005 Case Type: Alcohol Offense Description: Address: 375 RAMONA & TASSAJARA S Area: LZ1 LZ1 City: San Luis Obispo State: CA Zip: 93405 When Reported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 and 03:52:57 04/14/11 Responsible Officer: Villanti, J Reported: Observed: Offense Codes: AOFF Alcohol Offense THRE OBST APSM DSPC OBST Threatening Obstructing Justice Assault, Police, Simple Disturbing the Peace Obstructing Justice FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR 422 69 415 (2) 148 (A) (1) 243(B) INVOLVEMENTS: Date Number Description Relationship 04/14/11 6975 04/14/11 SUBJECT ADDITIONAL PEOPLE Relationship: AP NAME: MCMASTER, JASON ROBERT Race: W Sex: M DOB: 07/06/73 Address: 3860 HIGUERA S; D15, San Home Phone: (805) 543-6873 Name Number:6975 Luis Obispo, CA 93401 Work Phone: Relationship: SUBJECT 04/14/11 11: 27 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 2 Case Number:110414005 SUPPLEMENTAL NARRATIVES Supplemental Narrative: Seq: 5 INCIDENT REPORT: NO. 110414005 DEWBRE' 66159 DETAILS: On Thursday, April 14, 2011 at 06:40 hours, I contacted W/dob) on the telephone regarding a call for service to the Police Dept.at 04:04 hour. According to who is the night staff at Valencia Apartmentcomplexlocatedat555Ramona, told me at about 04:10 hours while making hisroundsofthecomplexheheardapersonyellinginthevicinityofRamona. said the person whom he describes as a white male in his 20's wearingtrousers" tucked into his boots and possibly a plaid shirt was yelling "damn"I'm fed up." could not hear what all the subject who was later identifiedasJASONROBERTMCMASTER (DOB 7-6-73) was yelling but felt he was either "5150,"drunk and coming back from the bars" or on "drugs." said he was approx.25 feet from MCMASTER when he was listening and observing MCMASTER's behavior.While observing the behavior of MCMASTER, said MCMASTER was standing onthesidewalkonRamonaSt. near the front parking lot of the apartment complex. After noting this behavior he called dispatch and spoke with dispatcher CAROLEMOORE. After making the call he saw a "cruiser" drive by on Ramona. Thecruiser" stopped near MCMASTER and the subject began yelling at the Officer,come on, you want a piece of me, come and get it.'1 The "cruiser" passed byMCMASTERatwhichpointhebeganto "chase" after the "cruiser" running towardsVerdeSt. After noting MCMASTER's behavior and calling dispatch, said he wentbacktohisofficewhichtookhimabout10secondstogetthere. Prior to goingintotheoffice, he noticed that 3 to 4 units were now on scene in the area ofRamonaandTassajara. said the lighting was bad in the area and he had difficulty in seeingeverythinganddidnotwitnessanyaltercationbetweenOfficersandS/MCMASTER. said he later came out of his office to see what was going onandwascontactedbyCalPolyPoliceOfficerLYONS. After speaking with LYONS,went back to his office. Prior to ending my conversation with I obtained his contact informationandaskedhimifhewouldcomedowntothePoliceDept. later today so hisinterviewcouldbeaudio/video taped. I also requested he write out a writtenstatementwhilethingsarefreshinhismind. DISPOSITION: Cleared by arrest. Case active DEWBRE' 66159 04/14/11 11: 27 Case Number: 110414005 V"""~ San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: f4} 231 3 ti 04/14/11 12:34 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT~~ Page: Case Number: 110414005 Case Type: Alcohol Offense Description: Address: 375 RAMONA & TASSAJARA S Area: LZ1 LZ1 City: San Luis Obispo State: CA Zip: 93405 When Reported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 and 03:52:57 04/14/11 Responsible Officer: Vi11anti, J Reported: Observed: Offense Codes: AOFF Alcohol Offense THRE OBST APSM DSPC OBST Threatening Obstructing Justice Assau1 t, Police, Simple Disturbing the Peace Obstructing Justice 231 1 FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR 422 69 415 (2) 148 (A) (1) 243(B) INVOLVEMENTS: Date Number Description Relationship 04/14/11 WITNESS ADDITIONAL PEOPLE Relationship: WITNESS 04/14/11 11:28 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 2 Case Number:110414005 SUPPLEMENTAL NARRATIVES Supplemental Narrative: RP Statement E. Vitale #88945 Seq:6 SUPPLEMENTAL DETAILS: On 4/14/2011 at 0705 hrs., I spoke with the Reporting Party (Witness) via telephone regarding his call to SLOPD on 04/14/2011. I confirmed with that he did call SLOPD. I asked if he could describe to me what he witnessed that prompted him to call SLOPD. It should benotedthatatthetimeofpreparingthisreport (immediately after speaking with the "suspect" had yet to be identified. related how on 04/14/2011 at approximately 0345 hrs., he was walking his dog and exiting Santa Rosa Park, onto Santa Rosa Street. related he heard yelling and his attention was drawn to the west side of Santa Rosa, whereheobservedamalesuspectinblackclothing. The suspect was on the sidewalk of the west side of Santa Rosa and was walking N/B. related the suspectappearedextremelyintoxicatedandwasyelling "four letter" vulgarities at passing vehicles. said the suspect appeared extremely angry and intoxicated." The suspect was continually yelling in an angry manner as he walked. watched as the suspect, on at least two occasions, stepped into Santa Rosa Road (S/B) traffic and attempted to "attack" two passing vehicles. could not recall the descriptions of the vehicles, however, did say the vehicles were traveling SIB on Santa Rosa. said it appeared the suspect was attempting to hit the passing cars with his fist. The vehicles the suspect attempted to attack had to swerve to avoid colliding into the suspect. continued watching as the suspect walked N/B on Santa Rosa until he reached Meinecke Street. said the suspect then began walking west on Meinecke Street. said he could hear the suspect yelling while he continued walking on Meinecke towards Chorro Street. lost visual of the suspect at the area of Meinecke and Chorro Street. related how despitenotbeingabletoseethesuspectanylonger, could still hear the suspect yelling. did not follow the suspect onto Meinecke and continued walking north on Santa Rosa. did see SLOPD officers attempting to locate the suspect in the area of Santa Rosa and Murray, however, at this point the suspect was no longer in the area. said he was not present when officers ultimately contacted the suspect. never walked to the area where SLOPD officers eventually made contact with the suspect. Throughout my conversation with he continually referred to the suspect as being "very intoxicated." I asked if he could describe to me what it was that made him conclude the suspect was intoxicated. related the suspect was "acting drunk". Though the suspect could walk and maintain his balance, the suspect's movements appeared slow and unsteady. described the suspect as having an unsteady gait when he walked. said the suspect's belligerent demeanor and unsteady movements were what made him conclude the suspect was livery intoxicated. II DISPOSITION: Cleared by arrest, attach to report 04/14/11 11: 28 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: Case Number:110414005 Detective Eric Vitale #88945 V"OR~4~ 231 3 04/14/11 12:36 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT *1 Page: Case Number: 110414005 Case Type: Alcohol Offense Description: Address: 375 RAMONA & TASSAJARA S Area: LZ1 LZ1 City: San Luis Obispo State: CA Zip: 93405 When Reported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 and 03:52:57 04/14/11 Responsible Officer: Vi11anti, J Reported: Observed: Offense Codes: AOFF THRE OBST APSM DSPC OBST FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR INVOLVEMENTS: Date Number 04/14/11 04/14/11 04/14/11 04/14/11 04/14/11 04/14/11 04/14/11 04/14/11 04/14/11 04/14/11 Relationship: SUBJECT f 04/14/11 12:36 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Case Number:110414005 Relationship: SUBJECT 04/14/11 12:36 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Case Number:110414005 Relationship: SUBJECT 04/14/11 12:36 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 4 Case Number:110414005 SUPPLEMENTAL NARRATIVES Supplemental Narrative: DETAILS: Seq:7 On 04/14/11 at approx 0830 hours, I was assigned to check Santa Rosa Park and the surrounding areas for witnesses to this case. I was also assigned to contact residents on Meinecke St and S Tassajara in attempt to locate anywitnessestothiscase. The first residence I contacted was entrance to Santa Rosa Park from Murray) and contacted SUB/at 0841 hours. He stated he was sleeping during the hours in question. Next I contacted near the entrance to Santa Rosa Park off of Murray) and contacted SUB/at 0845 hours. He stated he was asleep during the time in question. I contacted and there was no answer. I contacted and there was no answer. I contacted and there was no answer. I contacted and contacted SUB/at 0900 hours who stated he was sleeping during the time in question. I contacted and there was no answer. I contacted and there was no answer. I contacted and there was no answer. I contacted and contacted SUB/who stated she was asleep during the time in question. I contacted and there was no answer. I contacted and contacted SUB/at 0915 hours who stated she was sleeping during the time in question. I contacted and contacted SUB/who stated he was asleep during the time in question. It should be noted that none of the above mentioned SUB/s heard or saw anything suspicious during the time in question. At approx 0941 hours I contacted W/who stated at approx 0200 hours she was awakened by "someone screaming." The screaming lasted for several minutes and she thought it to be possibly a neighbor having a loud party. She did not get out of bed and was able to go back to sleep even though the screaming continued. She was awakened again by screaming at approx 0400 hours and heard a male who had to be on something" because the screaming was incoherent and like a roaring scream." Shortly thereafter she heard police officers arrive and yell for the SUB/ to "get on the ground!" She heard the male voice say, "Fuck the cops or something like that," at the top of his lungs and ignore the officers' commands. The male continued screaming and shortly thereafter the voices became quiet and she heard sirens and eventually a fire engine arrived. This concluded S statement. At 0949 hours I contacted SUB/at and he stated he was asleep during the time in question. I contacted and there was no answer. I contacted and contacted SUB/at approx 0955 hours. He stated he was asleep during the time in question. At approx 1000 hours I contacted SUB/at who said she was asleep during the time in question. It should be noted that none of the above mentioned SUB/s heard or saw anything suspicious during the time in question. SLOPD volunteer SMITH assisted me during the investigation and made the following observations. At there was no answer. At there was nothing heard. At there was no answer. At the residents heard dogs bark at approx 0400. At 04/14/11 12:36 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 5 Case Number: 110414005 the resident heard sirens at an unk time. At there was no answer. At the resident heard screaming at the corner of the intersection near her residence by a male NFD. DISPOSITION: Cleared by arrest. SHALHOOB, 80120 bs, 04/14/11 at 1206 hours RV"O", ~~~{<15 04/14/11 12:37 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT ~ Case Number: 110414005 Case Type: Alcohol Offense Description: Address: 375 RAMONA & TASSAJARA S Area: LZ1 LZ1 City: San Luis Obispo State: CA Zip: 93405 When Reported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 and 03:52:57 04/14/11 Responsible Officer: Vi1lanti, J Reported: Observed: Offense Codes: AOFF Alcohol Offense THRE OBST APSM DSPC OBST Threatening Obstructing Justice Assault, Police, Simple Disturbing the Peace Obstructing Justice Page: 231 1 FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR 422 69 415 (2) 148 (A) (1) 243(B) INVOLVEMENTS: Date Number Description 04/14/11 04/14/11 04/14/11 ADDITIONAL PEOPLE Relationship: WITNESS 04/14/11 12:37 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Case Number:110414005 Relationship: WITNESS 04/14/11 12:37 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 3 Case Number:110414005 SUPPLEMENTAL NARRATIVES Supplemental Narrative: Seq: 8 OFFICER NAME & ID NUMBER:Martinez 61381 DETAILS; At about 0715 hours on 4/14/11, I was contacted by Lt Smith and asked to respondtotheareaoftointerviewapotentialwitnessregardingan incident that happened early this morning involving an assault. I went to the address and knocked on the door but there was no reply. I left a business card on the door. While at the scene Office Lincoln and Evidence witness had approached them with information. they had the names available for me. Technician Lehr told me several Lincoln and Lehr told me told me Firstly I contacted W/who stated he saw the incident last night. SUMMARY OF STATEMENT BY W/ He was woken up between 4.15 am and 4.30 am this morning by a male voice who was screaming and yelling. The male was using numerous profanities and shouting fuck this." This continued for about 2 or 3 mins. He left his bedroom and walked onto Ramona through a side gate of this house. There he saw a very large male lying on the sidewalk with several Police Officers kneeling on or next to him. The male was still screaming and at one point heard him say "I'm having a great fucking night." He watched for about 1 1/2 minutes and then went inside. About a minute or so later he looked out again and saw the paramedics were treating the male on the sidewalk and doing chest compression on him. From the yelling and screaming he thought the male was intoxicated and thought that he had either hurt himself or was being restrained. I then contacted W/on the phone as she was now at work. SUMMARY OF STATEMENT BY W/ She was woken up at about 4.10 am this morning by a male yelling outside. The yelling appeared to come from Ramona Street. She initially thought it was a student maybe walking home but the yelling continued along with some whistling. This continued for about 5 mins. At one time she heard the male say "come on let's do this" and "Let's go." She did not hear anyone else talking or shouting. At about 4.30 am she heard sirens but did not look out. She was able to go back to sleep after that. I then contacted W/ SUMMARY OF STATEMENT BY W/ He was awoken at about 4.30 am this morning by a male screaming. The screaming seemed to be coming from the door of his residence that is closest to Ramona Street. He could hear the male shouting "I am not going to get down I fucking hate you." He heard this yelling for several minutes along with another male voice which appeared to be a Police Officer saying "get down." The Officer repeated this request about 3 or 4 times. The heard the voice of the male who was shouting kept getting louder and then quie1:er as if he was walking around. 04/14/11 12:37 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 4 Case Number: 110414005 He then heard the Officer say something about a taser and heard the male respond by saying "bring it on." He then heard someone say "dogpile." At this stage he got up and looked out of his kitchen window that is on the south east corner of Ramona. He saw a large male lying down on the sidewalk on the North West corner of Ramona and Tassajara. The male was on his left side and facing toward the center of the roadway of Tassajara. The male appeared to be struggling with the officers and "flailing" his head back and forth. The male was still screaming and yelling but he could not hear what he was saying. The Officers were bending over or kneeling on him as if to restrain him. A fire truck and ambulance then came and paramedics started to treat him. From what he saw of the male's actions he believes the male was either drunk or mentally impaired. W/told me he thought he Officers handled the situation very well and did not see anything inappropriate. As of yet I have not heard from the resident at DISPOSITION; Cleared by arrest. SUPERVISOR:8/4~ 04/14/11 16:40 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT r\ Case Number: 110414005 Case Type: Alcohol Offense Address: 375 RAMONA & TASSAJARA S City: San Luis Obispo State: CA When Reported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 Responsible Officer: Vi11anti, J Description: Area: LZ1 Zip: 93405 and 03:52:57 04/14/11 Reported: Observed: Offense Codes: AOFF Alcohol Offense THRE OBST APSM DSPC OBST Threatening Obstructing Justice Assault, Police, Simple Disturbing the Peace Obstructing Justice FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR 422 69 415 (2) 148 (A) (1) 243 (B) INVOLVEMENTS: Date Number Description 04/14/11 04/14/11 115833 115834 OFF Wayne Lyons Pepper spray Crime scene log Page: 231 1 LZl Relationship Evidence Incident Evidence Incident t{ 04/14/11 16:40 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 2 Case Number:110414005 SUPPLEMENTAL NARRATIVES Supplemental Narrative: E. LINCOLN 59350 Seq:9 SUPPLEMENTAL REPORT: On 4-14-11 at 0600 hours, I was assigned to protect the crime scene at Ramona and La Entrada. OFFICER BEHRENS arrived shortly after me and was assigned the task of keeping the crime scene log. At 0725 hours, I was given this task, and maintained it until the scene was abandoned at 1300 hours. The original crime scene log was booked into evidence. A photocopy of it is attached with this report. Soon after my arrival, LT. SMITH asked me to take Cal Poly PD OFFICER LYON'S pepper spray from him and book it into evidence. LYONS gave this to me and I booked it into evidence. PHYSICAL EVIDENCE: LYON'S pepper spray Crime scene log. Both booked into evidence at SLOPD. DISPOSITION: Cleared by arrest. V"o,_~4aNY~ 04/14/11 16:42 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT }'\ O Case Number: 110414005 Case Type: Alcohol Offense Address: 375 RAMONA & TASSAJARA S City: San Luis Obispo State: CA When Reported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 Responsible Officer: Villanti, J Description: Area: LZ1 Zip: 93405 and 03:52:57 04/14/11 Reported: Observed: Offense Codes: AOFF Alcohol Offense THRE OBST APSM DSPC OBST Threatening Obstructing Justice Assault, Police, Simple Disturbing the Peace Obstructing Justice Page: LZ1 231 1 FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR 422 69 415 (2) 148 (A) (1) 243(B) INVOLVEMENTS: Date Number Description Relationship J\J 04/14/11 16:42 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 2 Case Number: 110414005 SUPPLEMENTAL NARRATIVES Supplemental Narrative: OFFICER NAME & 10 NUMBER: C. Pierce #69661 Seq:10 DETAILS: On 4/14/2011, at about 1430 hours, I was asked by SLOPD Lt. J. Smith to complete a booking form for Jason McMaster and bring it to SLOCJ for an absentee booking. McMaster was still at the hospital at the time of his absentee booking. I notified the jail that his parole officer was willing to put a parole hold on him once he was discharged from the hospital, and provided them with the Parole Agent's phone number. The booking form is attached to this report. DISPOSITION: Cleared by arrest. SUPERVISOR: f ,.. ,J 4~ 04/15/11 08: 27 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT1X\\ Page: 231 1 Case Number: 110414005 Case Type: Alcohol Offense Description: Address: 375 RAMONA & TASSAJARA S Area: LZ1 LZ1 City: San Luis Obispo State: CA Zip: 93405 When Reported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 and 03:52:57 04/14/11 Responsible Officer: Villanti, J Reported: Observed: Offense Codes: AOFF Alcohol Offense THRE OBST APSM DSPC OBST Threatening Obstructing Justice Assault, Police, Simple Disturbing the Peace Obstructing Justice FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR 422 69 415 (2) 148 (A) (1) 243(B) INVOLVEMENTS: Date Number Description Relationship 04/15/11 04/15/11 San Luis Ambulance report SUBJECT Evidence Incident ADDITIONAL PEOPLE Relationship: SUBJECT 04/15/11 08:27 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 2 Case Number:110414005 SUPPLEMENTAL NARRATIVES Supplemental Narrative: OFFICER CHASTAIN 25650 Seq:11 DETAILS: On 4/14/11, at approximately 1426 hours, I contacted San Luis Ambulance via telephone and asked to speak with a supervisor. I spoke with SUB/who is the operations manager. SUB/advised that Paramedic and EMT were the EMS personnel that responded to this incident. SUB/stated that when the EMS personnel arrived they found the subject being restrained in the prone position by law enforcement personnel. The EMS personnel were initially asked to stand back due to the subject's extreme combativeness. SUB/said that the report indicates there were no signs of trauma upon the initial survey of the patient. The patient had an altered mental status. At 0429 hours the EMS personnel placed the patient in spinal immobilization. At this time the patient went into cardiac arrest. CPR was performed while enroute to the hospital. The patient regained a stable blood pressure and pulse prior to arriving at the hospital. The ambulance arrived at Sierra Vista Hospital at 0442 hours at which time the patient was turned over to medical staff. SUB/stated that he would fax me a copy of the San Luis Ambulance report. A copy of the San Luis Ambulance report is attached to this report. The original fax was booked into SLOPD evidence under evidence #115845. DISPOSITION: Cleared by arrest CHASTAIN 25650, akc, 4/l5/ll@07l6 hours. SUPERVISOR:611i1.3 04/15/11 16:20 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT ~\~ Page: 231 1 Case Number: 110414005 Case Type: Alcohol Offense Description: Address: 375 RAMONA & TASSAJARA S Area: LZ1 LZ1 City: San Luis Obispo State: CA Zip: 93405 When Reported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 and 03:52:57 04/14/11 Responsible Officer: Vi11anti, J Reported: Observed: Offense Codes: AOFF Alcohol Offense THRE OBST APSM DSPC OBST Threatening Obstructing Justice Assault, Police, Simple Disturbing the Peace Obstructing Justice FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR 422 69 415 (2) 148 (A) (1) 243(B) INVOLVEMENTS: Date Number Description Relationship OIL APR 1 P, 2011 04/15/11 16:20 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 2 Case Number:110414005 SUPPLEMENTAL NARRATIVES Supplemental Narrative: Seq: 12 OFFICER NAME & 10 NUMBER: V. NUNEZ 66666 DETAILS: On 04-15-11 at approx 0853 hrs Lt. Smith, Sgt Bledsoe, Det Chastain and I went to the CVICU wing of Sierra Vista Hospital. We were advised that hospital staff would be attempting to bring JASON MCMASTER out of his medically induced sedation. The hospital staff performed the procedure. JASON MCMASTER was able to respond to hospital staff directions and requests. I identified myself to JASON MCMASTER. I told him that he had been arrested after the police had received several complaints of his strange behavior. I told MCMASTER that he had assaulted officers and was now under arrest. MCMASTER asked me, "What the Fuck happened". MCMASTER was still obviously affected by the sedation. I repeated my comments to MCMASTER. MCMASTER told me that he had no memory of what happened. At approx 1445 hrs, Sgt Bledsoe, Det Chastain and I returned to Sierra Vista hospital. MCMASTER was more alert now. MCMASTER said he had no memory of me speaking with him that morning. I again told MCMASTER what had occurred and that he had been placed under arrest for assaulting and threatening officers. I asked MCMASTER if he remembered anything about the time when he had been arrested. MCMASTER replied, "no". I told MCMASTER that I wanted to speak to him about the events of his arrest but that I was going to advise him first of his rights. I then told MCMASTER his Miranda Rights. When I asked MCMASTER if he understood his rights he replied, "no". I told MCMASTER that I would wait until he was discharged from the hospital and speak with him again at the county jail. I will attempt to interview JASON MCMASTER at the county jail once he is released from the hospital. DISPOSITION: Cleared by arrest RV''OR'___~ J?r:"-<f~________ 04/15/11 09: 13 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT ~\) Page: 231 1 Case Number: 110414005 Case Type: Alcohol Offense Description:Address: 375 RAMONA & TASSAJARA S Area: LZl LZlCity: San Luis Obispo State: CA Zip: 93405 When Reported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 and 03:52:57 04/14/11 Responsible Officer: Villanti, J Reported: Observed: Offense Codes: AOFF Alcohol Offense THRE OBST APSM DSPC OBST Threatening Obstructing Justice Assault, Police, Simple Disturbing the Peace Obstructing Justice FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR 422 69 415 (2) 148 (A) (1) 243 (B) INVOLVEMENTS: Date Number Description Relationship 04/15/11 115855 PHOTOS OF S/,INJURIES/PROBE Evidence Incident 04/15/11 09:13 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 2 Case Number:110414005 SUPPLEMENTAL NARRATIVES Supplemental Narrative: OFFICER DUNN #19850 4/15/11 0830 HOURS 110414005 Seq:13 SUPPLEMENTAL # 13 DETAILS: On 4/14/11 at 0600 hours, I was assigned to respond to Sierra Vista Hospital andremainwithS/JASON ROBERT MCMASTER, who was being treated in the emergencyroom. I arrived at the hospital at approximately 0630 hours and found the stafftendingtoMcMaster. There was a chain style hobble around McMaster's ankles, which I removed. Iphotographeditafteritwasremoved. I later learned it belonged to a Cal PolyPOofficeranditturneditovertoLt. Jeff Smith to be returned to CPPD. At approximately 0700 hours, I took photos of McMaster, particularly anyinjuriesthatwerevisible. I was unable to photograph the back of McMaster, duetohimbeingstrappedtoabackboard. I seized McMaster's clothing and maintained custody of it until turning it overtoEvidenceTechnicianJ. Lehr. I located the following injuries on McMaster: A 2-3" reddened scrape across his forehead, above his nose and left eye.Two reddened lines across the front of his thighs, just above the knee. Eachthighhasamarkabout3-4" long. They appear to have been caused by a baton orASPstrike. Minor scrapes on both knees. An irregular shaped purple bruise on the front of his right thigh, about 2" X2". A 1/4"- 1/2" minor scrape on his outer, right ankle bone. A small scratch, approximately 1 1/2" long, on his left shoulder blade.An approximately 1/4"- 1/2" red mark on his left elbow. Two small red dots, possibly caused by a Taser probe, on the back of his leftthigh. McMaster was later transferred to the Cardiovascular Intensive Care Unit. Iphotographedthebacksideofhisbodyafterhewasremovedfromthebackboard. Itookoverallphotos, but I did not see any injuries. I photographed some redmarksonhiscalf; however they appeared to be pressure marks from the beddingand/or backboard. At approximately 0955 hours, a legal blood draw was obtained. I seized it andmaintainedcustodyofthesampleuntilturningitovertoEvidenceTechnician J.Lehr. At approximately 1045 hours, I was contacted by Officer K. Waddell requesting IcheckMcMaster's pants for a Taser probe. I did so and located the probe on thebackoftheleftpantleg, near the buttocks/thigh area. I photographed it, but 04/15/11 09:13 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 3 Case Number: 110414005 did not remove it. I then requested nursing staff turn McMaster so I couldinspecthisthighareaforanyinjurycausedbytheprobe. His buttocks andthighswerecoveredinredmarks, similar to a rash or pimples. I located twopossiblespotsthatmayhavebeencausedbytheprobeandphotographedthem. At approximately 1620 hours, I was relieved of my duty by SLOCJ CorrectionalOfficerLangston. Prior to leaving, I re-photographed McMaster's visibleinjuries. I did not locate any additional injuries. I also took additionalphotosoftheredmarksleftonhisanklesbythehobble. PHYSICAL EVIDENCE: I booked all photographs into the SLOPD property room as evidence. I turned overthebloodsampleandMcMaster's clothing to Evidence Technician J. Lehr, whobookedthemasevidence. DISPO: Cleared by arrest. m"'"'T_~iRBIl'" ~ Case Number: 110414005 EVIDENCE INFORMATION: ID Number: Type: Item: Brand: Model: Serial #: Local id ID Number: Type: Item: Brand: Model: Serial #: Local id 115828 EVI Digital TASER XOO-313339 Type Number 115829 EVI Digital photos Type Number San Luis Obispo Police Department Police Report Color / Description: Color / Description: Page:18 Owner #: Last: First: Middle: VIDEO, TASER XOO-313339 Owner #: Last: First: Middle: Digital photos of the scene 04115/11 16:23 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT~\~ Page: 231 1 Case Number: 110414005 Case Type: Alcohol Offense Address: 375 RAMONA & TASSAJARA S City: San Luis Obispo State: CA When Reported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 Responsible Officer: Vi11anti, J Description: Area:LZ1 LZ1 Zip: 93405 and 03:52:57 04/14/11 Reported: Observed: Offense Codes: AOFF Alcohol Offense THRE OBST APSM DSPC OBST Threatening Obstructing Justice Assault, Police, Simple Disturbing the Peace Obstructing Justice FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR 422 69 415 (2) 148 (A) (1) 243(B) INVOLVEMENTS: Da te Numbe r Description Relationship 04/15/11 115856 VIDEO SURVEILLANCE OF ALBERTSO Evidence Incident 4 1I, "~~. 04/15/11 16:23 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 2 Case Number:110414005 SUPPLEMENTAL NARRATIVES Supplemental Narrative: OFFICER NAME & ID NUMBER: C. Pierce #69661 Seq:14 DETAILS: On 4/14/2011, I went to the Albertson's grocery store at 771 East Foothill in San Luis Obispo, CA, to see if there was any surveillance video of Jason Mcmaster prior to law enforcement contacting him. I reviewed the video and saw that, according to the surveillance system, around0414hoursasubject, who appeared to be Mcmaster, was walking through the parking lot from SLO Donuts to the Ramona driveway of the shopping center. Ashorttimeafter, at about 0419 hours according to the video surveillance, the video shows a SLOPD patrol car drive through the lot. I retrieved the video and kept it in my care and custody until I booked it intotheSLOPDEvidenceroom. EVIDENCE: Item #115856 - One DVD of video surveillance of the parking lot of the Albertson's grocery store at 771 E. Foothill. DISPOSITION: Cleared by arrest. JIMIL______ 04/15/11 13: 05 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT1f/~ Page: 231 1 Case Number: 110414005 Case Type: Alcohol Offense Description: Address: 375 RAMONA & TASSAJARA S Area: LZl LZl City: San Luis Obispo State: CA Zip: 93405 When Reported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 and 03:52:57 04/14/11 Responsible Officer: Villanti, J Reported: Observed: Offense Codes: AOFF Alcohol Offense THRE OBST APSM DSPC OBST Threatening Obstructing Justice Assault, Police, Simple Disturbing the Peace Obstructing Justice FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR 422 69 415 (2) 148 (A) (1) 243(B) INVOLVEMENTS: Date Number Description Relationship Yl 04/15/11 13:05 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 2 Case Number:110414005 Supplemental Narrative: Lt. J. Smith #81143 SUPPLEMENTAL NARRATIVES Seq: 15 Details: On 04/15/11 at approximately 11:30 hours I received a faxed copy of Cal PolyPoliceOfficerWayneLyonsreport (case# 110406) documenting his involvement intheMcMaster's arrest. Please refer to the attached report for further details. Disposition: Cleared by arrest. 6ff6U[J.=__ 04/19/11 08:14 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 1 Case Number: 110414005 Case Type: Alcohol Offense Address: 375 RAMONA & TASSAJARA S City: San Luis Obispo State: CA When Reported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 Responsible Officer: Vi11anti, J Description: Area: LZ1 LZ1 Zip: 93405 and 03:52:57 04/14/11 Reported: Observed: Offense Codes: AOFF Alcohol Offense THRE OBST APSM DSPC OBST Threatening Obstructing Justice Assault, Police, Simple Disturbing the Peace Obstructing Justice FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR 422 69 415 (2) 148 (A) (1) 243(B) INVOLVEMENTS: Date Number Description Relationship DiJ A"''' 1 '1 7011 04/19/11 08:14 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 2 Case Number:110414005 SUPPLEMENTAL NARRATIVES Supplemental Narrative: Seq: 16 OFFICER NAME & 10 NUMBER: K. Waddell 89650 SUMMARY: On 4-14-11 at approximately 0830 hrs, I was contacted by Lt. Smith who requested I assist SLOPD and SLOSO evidence technicians in a factual diagram of the scene at Tassajara and Ramona. I responded to the scene and arrived on scene at 0905 hrs. I utilized a Nikon NPR-352 Total Station to diagram the scene. Attached are the factual diagram and the data used to create the factual diagram. DISPOSITION: Cleared by arrest. This report and diagram is intended to supplement the report of SLOPD and SLOSO evidence technicians. For further details regarding the evidence located and documented at the scene refer to those supplemental reports. SUPERVISOR:~_~_~~~~_L1~:L~___~~L~~lL___ 04/18/11 16: 17 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT ~l\ Page: 231 1 Case Number: 110414005 Case Type: Alcohol Offense Description: Address: 375 RAMONA & TASSAJARA S Area: LZ1 LZ1 City: San Luis Obispo State: CA Zip: 93405 When Reported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 and 03:52:57 04/14/11 Responsible Officer: Vi11anti, J Reported: Observed: Offense Codes: AOFF THRE OBST APSM DSPC OBST Alcohol Offense Threatening Obstructing Justice Assault, Police, Simple Disturbing the Peace Obstructing Justice FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR INVOLVEMENTS: Date Number 422 69 415 (2) 148 (A) (1) 243 (B) Description Relationship 04/15/11 04/15/11 04/15/11 04/15/11 04/15/11 04/15/11 04/15/11 04/15/11 04/15/11 04/15/11 04/15/11 04/15/11 04/15/11 04/15/11 04/15/11 04/14/11 04/14/11 11 /J",,> r-r '. "20Il 115866 115868 115871 115874 115875 115876 115877 115878 115879 115880 115881 115882 115883 115884 115885 115828 115836 BOSUN'S WHISTLE TASER CARTRIDGE TASER CARTRIDGE MEDICAL DEBRIS, DEFIBRILATOR COAT, NAVAL BLAST DOOR, TASER BLAST DOOR, TASER BLAST DOOR, TASER AFID, TASER - PINK BLAST DOOR, TASER AFID, TASER - YELLOW BLOOD SAMPLE, MCMASTER CLOTHING, PANTS/SHOES/SOCKS TASER DART FROM PANTS PHOTOS, OFFICERS/TASER VIDEO, TASER XOO-313339 VIDEO, TASER XOO-313388 Evidence Incident Evidence Incident Evidence Incident Evidence Incident Evidence Incident Evidence Incident Evidence Incident Evidence Incident Evidence Incident Evidence Incident Evidence Incident Evidence Incident Evidence Incident Evidence Incident Evidence Incident Evidence Incident Evidence Incident 04/18/11 16:17 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 2 Case Number:110414005 SUPPLEMENTAL NARRATIVES Supplemental Narrative: Seq: 17 OFFICER INJURY PHOTOS/EVIDENCE COLLECTION OFFICER NAME & ID NUMBER: J. Lehr #57732, Evidence Technician ASSISTING OFFICER: Forensic Specialists West and Jones to photographs and located physical evidence at the crime scene. SUMMARY: On 4/14/11, I photographed the officers involved in the arrest to document their injuries. I also collected evidence from the crime scene and the hospital. DETAILS: At 0545 hours on 4/14/11, I was dispatched from home to the police station to investigate and assault on police officers that had occurred on Tassajara Street at Romona Avenue. I arrived at the San Luis Obispo Police Department at 0710 hours and met with Captain DePriest. He informed me that four night-shift SLOPD police officers and a Cal Poly police officer arrested a combative man and that three SLOPD officer's had been injured in the process. The man had also been injured and was transported to the hospital. I located one of the injured officers, Sergeant Kemp, in the Supervisors Office. His shoes were dirty and scuffed, and his pants were dirty from the knees down. He was missing two pens from his pocket, but was unaware of any other missing or broken equipment. Sergeant Kemp told me he was injured on his hands, elbows and knees while taking the man into custody. I examined and photographed Sergeant Kemp's injuries which are described as follows: 1) I observed of abrasions on the back of the left-middle and left-ring fingers. The abrasions, 10mm and 4mm round respectively, removed the upper dermis layers on the distal joints. 2) I observed a series of scratches and abrasions on the right outer forearm, ranging from approximately 3 inches below the elbow to an inch above the wrist. I also observed a l5mm circular abrasion approximately 4 inches above the left elbow. 3) I observed three abrasions on the right knee. There was a l5mm circular abrasion on the outside of the knee, a 30mm x 45mm oval abrasion on the knee cap, and 7mm circular abrasion in the inside of the knee. 4) I observed redness and mild abrasion inside and under the right knee cap. 5) I observed a l5mm x 7mm oval abrasion on the outside of the right forearm approximately two inches below the elbow. I located the other involved officers (except for the Cal Poly officer) in the Dictation Room. Officer villanti told me he was injured on his left arm and both legs during the arrest, but he was unaware of any missing or broken equipment. I examined and photographed Officer villanti's injuries which are described as follows: 04/18/11 16:17 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 3 Case Number: 110414005 1) I observed a shallow, 110mm long scratch on the outside of the leftforearm. 2) I observed a deeper, l20mm long scratch wrapping around the left elbow that appeared to have bled. There were 4-5 shallower and shorter scratches surrounding the main injury that did not appear to have bled.3) I observed two scratches on the right shin that were roughly paralleltothegroundwhenOfficerVillantiwasstanding. The were both approximately80mmlongandabout10mmapart. 4) I observed a 10mm x 20mm oval abrasion below the right kneecap. Officer Locarnini told me she was uninjured and did not suffer any lost or damaged equipment. I photographed the state of her uniform and her hands. Officer Locarnini told me she had deployed her Taser during the incident and has secured it in Evidence Locker #43. She turned over to me the locker key. Officer McCornack told me he was scratched on his right forearm and that he fell while trying to sweep the legs of the suspect. He said he was not injured in the fall, however. I examined and photographed Officer McCornack's injury which is described as follows: 1) I observed two parallel, shallow scratches on the inside of the rightforearm, both approximately 35mm long. The scratches were centered between the wrist and elbow, and there was general redness in the shape of a half-circle from the scratches to approximately 1.5 inches above the inner elbow. I responded to evidence locker 43, and I photographed and removed the Taser within. It was powered off, did not have a cartridge installed, and marked with Serial Number XOO-3l3339. I transported the device to the Property Officer and witnessed her download the video recording from the incident into the evidence storage location. I entered the item into evidence as item 115828. I secured the Taser itself in the Crime Lab. I responded to the crime scene at Tassajara Street and Ramona Avenue at approximately 0820 hours. The scene was guarded by Officer Lincoln. I met with Forensic Specialists West and Jones from the San Luis Obispo County Sheriff's Office who were present upon my arrival. The Forensic Specialists had already photographed the scene and marked physical evidence. See Forensic Specialist West's report for a crime scene description. San Luis Obispo Police Department Traffic Officers Waddell Berrios responded to the scene and plotted the evidence for a crime scene diagram. See Officer Waddell's supplemental report for the scene diagram. At the conclusion of crime scene processing, I seized the items from the scene identified as evidence (See 'Evidence' section of this report). I returned the ink pens to Sergeant Kemp because they were his personal property and did not have evidentiary value other than their location at the scene. I noted that one of the pen's--both made of metal--was crushed at the top above the pocket clip. I later booked the remaining items into evidence, marking the items with the same evidence item as the number stands in the photographs and in the crime scene diagram for easy reference. After leaving the scene at approximately 1200 hours, I went to the Sierra Vista Hospital to photograph S/McMASTER's injuries. I contacted Detective Brady who 04/18/11 16:17 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 4 Case Number: 110414005 was guarding McMASTER. Detective Brady told me she had photographed McMASTER's injuries while he was being medically treated. I saw McMASTER was heavily sedated and connected to a venti11ator. Because it was not prudent to move him under those circumstances, I did not further photograph McMASTER's injuries. However, I collected McMASTER's clothing and took possession of McMASTER's blood sample that Detective Brady had in her possession. I transported all the evidence I had collected to the San Luis Obispo Police Department Crime Lab where I secured it. I took the Taser I collected from the crime scene, marked with serial number XOO-313388, to the property officer to download the video content. However, we discovered the device had a fault sometime in the past and had not recorded any video of the incident. On 4/15/11, I examined McMASTER's clothing I had collected from the hospital. It consisted of a pair of tennis shoes, a pair of socks, and blue jeans. In the back of the left leg below the left pocket, I found a Taser dart. I photographed the dart and then removed it from the pants. I booked the dart into evidence separately from the pants. EVIDENCE: 115828 VIDEO TASER XOO-313339 115836 VIDEO TASER XOO-313388 115866 BOSUN'S WHISTLE 115868 TASER CARTRIDGE 115882 BLOOD SAMPLE MCMASTER 115883 CLOTHING PANTS/SHOES/SOCKS 115884 TASER DART FROM PANTS 115885 PHOTOS OFFICERS/TASER 115866 BOSUN'S WHISTLE 115868 TASER CARTRIDGE 115871 TASER CARTRIDGE 115872 MEDICAL DEBRIS DEFIBRILATOR 115874 MEDICAL DEBRIS DEFIBRILATOR 115875 COAT NAVAL 115876 BLAST DOOR TASER 115877 BLAST DOOR TASER 115878 BLAST DOOR TASER 115879 AFID TASER - PINK 115880 BLAST DOOR TASER 115881 AFID TASER - YELLOW 115882 BLOOD SAMPLE, McMASTER 115883 CLOTHING, PANT/SHOES/SOCKS 115884 TASER DART 115885 PHOTOS, OFFICER/TASER DISPOSITION: Arrest. Forward to the District Attorney's Office for information only. SUPERVISOR:1>~_"l::~II- 04/21/11 14: 27 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT~\~ Page: 231 1 Case Number: 110414005 Case Type: Alcohol Offense Description:Address: 375 RAMONA & TASSAJARA S Area: LZ1 LZ1City: San Luis Obispo State: CA Zip: 93405WhenReported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 and 03:52:57 04/14/11ResponsibleOfficer: Vil1anti, J Reported: Observed: Offense Codes: AOFF Alcohol Offense THRE OBST APSM DSPC OBST Threatening Obstructing Justice Assault, Police, Simple Disturbing the Peace Obstructing Justice FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR 422 69 415 (2) 148 (A) (1) 243 (B) INVOLVEMENTS: Date Number Description Relationship 04/21/11 116032 DVD W/ ENHANCED VIDEO Evidence Incident jf)-APR 2 r ?n1[ 04/21/11 14:27 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 2 Case Number:110414005 SUPPLEMENTAL NARRATIVES Supplemental Narrative: VIDEO ENHANCEMENT RESULTS Seq:18 OFFICER NAME & ID NUMBER: J. Lehr #57732, Evidence Technician ASSISTING OFFICER: None. SUMMARY: I enhanced the audio and video from Officer Villanti's patrol car and the audio from Officer Locarnini's Taser. DETAILS: Between 4/18/11 and 4/21/11, I obtained, analyzed, and processed the video recordings made of the incident by San Luis Obispo Police Department equipment. The video sources were as follows: 1) Patrol car #1101 driven by Sergeant Kemp 2) Patrol car #837 driven by Officer villanti 3) Taser #XOO-3l3339 deployed by Officer Locarnini I exported mpeg videos from the two patrol units using the Insight Video system, the computer database that stores all in-car video recording at the police department. I obtained a copy of the taser video from the property officer in asf format. I examined the video from Sergeant Kemp's patrol car. The recording had no audio, and the patrol car was parked too far from the incident for the video to be very useful. I did not perform any enhancements of the video. I examined the video from Officer Villanti's patrol car. It contained video and audio of much of the incident. I applied the ffdshow tryouts rev 3800 filter audio/video filters to the video in the following manner: 1) Video filters: Postprocessing filter applied with automatic quality control set to use the mplayer procesing methods (accurate deblocking, luminance, and full luma range applied); Warpsharp filter applied with aWarpSharp selected with high quality 3-pass setting. 2) Audio filters: Volume filter applied to normalize audio and regain volume, Equalizer filter applied to maximize the 1000-4000 Hz frequency range and minimize all others; and the FIR filter (noise reduction) applied set to bandpass centered at 1400 Hz with a 1000 Hz frequency width. The effect of the filters was to brighten and increase contrast in the video for better visual clarity, as well as decrease blocky artifacts created by the original video codec (caused by compression algorythms). The audio clarity was improved by reducing low rumble, which muffled the audio signal, and high pitch hiss and static. Recorded speech became much clearer. I examined the video from Officer Locarnini's Taser. The video was a conglomeration of 6 video segments on the Taser device that when combined, 04/21/11 14:27 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 3 Case Number: 110414005 created two uninterrupted video sequences. The first sequence, according to the video timestamps, was on 04/14/11 from 11:14:30 to 11:14:57, and the second from 11:15:59 to 11:17:13. There was no enhancement of the video that would provide more information, so I left the video signal unaltered. The audio was over-modulated and somewhat difficult to discern because of background noise. I exported the video in .wav format (uncompressed audio) and processed VST filters and an audio editor (the audio format was not supported by ffdshow). I applied the following filters: 1) ReaEQ set to bandpass between 700 Hz and 2800 Hz, 2) ReaFIR set in subtract mode after obtaining a noise profile of background noise. 3) Volume filter set to reduce volume by 12 decibels over the first segment of the video. The effect of the filters was to improve audio clarity by reducing overmodulation and background noise. I saved the enhanced audio to a new file and merged it with a copy of the original video. I saved both enhanced videos (patrol car / Taser) using the same name as the original video files, appending" enh" to the file name to distinguish them. I then saved the videos, original and enhanced, to DVD-ROM and booked the disc into evidence. I was able to save the ffdshow settings to text files, which I included on the disc. EVIDENCE: 116032 - DVD with Enhanced Video DISPOSITION: Arrest. O"--:-~~~1'~_ ________ 04/27/11 09:32 San Luis Obispo Police Department Police Report GSUPPLEMENTALREPORT ~\ \ Page: 231 1 Case Number: 110414005 Case Type: Alcohol Offense Description: Address: 375 RAMONA & TASSAJARA S Area: LZ1 LZ1 City: San Luis Obispo State: CA Zip: 93405 When Reported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 and 03:52:57 04/14/11 Responsible Officer: Vi1lanti, J Reported: Observed: Offense Codes: AOFF Alcohol Offense THRE OBST APSM DSPC OBST Threatening Obstructing Justice Assault, Police, Simple Disturbing the Peace Obstructing Justice FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR 422 69 415 (2) 148 (A) (1) 243(B) INVOLVEMENTS: Date Number Description Relationship r)/J 1""-''' '1 2011 f 04/27/11 09:32 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 2 Case Number:110414005 SUPPLEMENTAL NARRATIVES Supplemental Narrative: Seq: 19 RECEIPT OF CRIME SCENE REPORT OFFICER NAME & ID NUMBER: J. Lehr #57732, Evidence Technician ASSISTING OFFICER: None. SUMMARY: I received the crime scene report from Forensics Specialist West and attached it to this report. DETAILS: On 4/26/11, I received the crime scene report of Forensic Specialist West from the San Luis Obispo County Sheriff's Department. In the report, FS West describes the scene and the general locations of the evidence items were located. She defers to Officer Waddell's crime scene diagram for scene measurements. I attached the FS West's report to this supplemental report. EVIDENCE: None. DISPOSITION: Arrest. only. Forward to the District Attorney's Office for information RV"O',__ ~.8J~i2_____ CENTRAL VALLEY TOXICOLOGY, INt Case Name: McMaster, TOXICOLOGY NUMBER: CVT-II-5294 Jason R. 8 ml blood labeled "McMaster, J; PF; 4/14/11; 0955 hrs; Dunn" Specimen Description: Delivered by OnTrac Date 19-Apr-11 Request: Abuse Screen Requesting Agency San Luis Obispo police Department 1042 Walnut San Luis Obispo CA 93401 Specimen: Blood Sample Received by Bi\1 Posey Agency Case # 110414005 Report To San Luis Obispo police Department 1042 Walnut San Luis Obispo CA 9340 I RESULTS Blood Abuse Screen: Cocaine, Opiates and PCP by Immunoassay = Negative Methamphetamine by Immunoassay = Positive d_Methamphetamine = 0.33 mgiL d_Amphetamine = 0.05 mgiL Blood Methamphetamine Ranges Effective Level: (0.01 - 0.05 mgiL) Potentially Toxic: (0.2 - 5 mgiL) Jt7/-- Analyst Blood Amphetamine Ranges Effective Level: (0.02 - 0.15 mgiL) Potentially Toxic: (0.2 mgiL) B. L. Posey April 25, 2011 Date 19-Apr-11 L. POSEY S.N. KIM_...a D,_olo,... 1580 Tollhouse Road CIQvis. California 9361 Phone (559) 323-9941 fax (559)323-7502 05/19/11 16:22 San Luis Obispo Police Department Police Report , SUPPLEMENTAL REPORT~]/U Page: 231 1 Case Number: 110414005 Case Type: Alcohol Offense Description:Address: 375 RAMONA & TASSAJARA S Area: L21 L21City: San Luis Obispo State: CA Zip: 93405WhenReported: 03:52:57 04/14/11 Occurred: Between 03:52:49 04/14/11 and 03:52:57 04/14/11ResponsibleOfficer: Villanti, J Reported: Observed: Offense Codes: AOFF Alcohol Offense THRE OBST APSM DSPC OBST Threatening Obstructing Justice Assault, Police, Simple Disturbing the Peace Obstructing Justice FELONY PC (4 FELONY PC MISDEMEANOR MISDEMEANOR MISDEMEANOR 422 69 415 (2) 148 (A) (1) 243 (B) INVOLVEMENTS: Date Number Description Relationship 05/19/11 116589 PHOTOS, CRIME SCENE Evidence Incident 6()M~V 1 I} 2[J\\l1 05/19/11 16:22 San Luis Obispo Police Department Police Report SUPPLEMENTAL REPORT Page: 231 2 Case Number:110414005 SUPPLEMENTAL NARRATIVES Supplemental Narrative: Seq: 20 RECEIPT OF CRIME SCENE PHOTOS OFFICER NAME & ID NUMBER: ASSISTING OFFICER: SUMMARY: I received the crime scene photos and an evidence list from Forensic Specialist West of the San Luis Obispo Sheriff's Department and booked them into evidence. DETAILS: On 4/29/11, I received 164 crime scene photographs on two CD-ROM discs directly from Forensic Specialist West of the San Luis Obispo Sheriff's Department. I booked the photographs into evidence on 5/19/11 by uploading them into the digital management system. I delivered the discs Detective Dewbre for her records. I also received a three page photocopy of a "Crime Laboratory Evidence Collection" report (unknown author) that I attached to this report. EVIDENCE: 116589 - Crime scene photos DISPOSITION: Arrest. SUPERVISOR:11{3