Case 5:18-cv-00312-DAE Document 5-3 Filed 07/02/18 Page 1 of 23 · Case 5:18-cv-00312-DAE Document 5-3 Filed 07/02/18 Page 1 of 23 JOANNA CASTRO, PLAINTIFF IN THE UNITED STATES DISTRICT

Case 5:18-cv-00312-DAE Document 5-3 Filed 07/02/18 Page 1 of 23

JOANNA CASTRO, PLAINTIFF

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

V.

§ § § § § § §

CIVIL NO. 5:18-CV-00312-DAE

ALBERT SALINAS, DEFENDANT

AFFIDAVIT OF RENE VALEN CIANO

ST A TE OF TEXAS § §

COUNTY OF BEXAR §

Before me, the undersigned notary, on this day personally appeared Rene Valenciano, a person whose identity is known to me. After being by me duly cautioned to tell the truth, subject to the penalties for perjury, he did affirm and testify as follows:

"My name is Rene Valenciano. I am over the age of eighteen (18) years, am of sound mind, and am fully capable of making this affidavit. I am personally familiar with facts recited below, which are true and correct.

Currently, I hold the position of Chief of Police for the City of Olmos Park ("City") Police Department. I have held the position of Chief of Police since July 17, 2014. Prior to that, I was appointed Interim Police Chief on or about March 7, 2014. I have personal knowledge of the lawsuit referenced above filed against the City based upon the incident in which Officer Salinas was involved as a City of Olmos Park Police Officer on February 20, 2018.

I have reviewed the Incident Reports and videos attached herein as Exhibits Cl through C7 and discussed the matter personally with Officer Salinas, involved in the incident at issue, and Officers Brandon Schumacher and Hector Ruiz who were present and observed the incidents occurring on February 20, 2018. I also reviewed the body camera videos worn by Officer Salinas and the dash camera video of Officer Schumacher's patrol vehicle.

I have reviewed the Incident Report attached herein as Exhibit CS Sergeant, Hector Ruiz, was present and observed the incident involving the arrest of Joanna Castro on March 27, 2018.

Affidavit of Rene Valenciano Page 1 of 3


In my capacity as Chief of Police, I serve as a Custodian of Records for the City of Olmos Park Police Department. Of those records, attached hereto is a true and correct copy of nineteen ( 19) pages of documents and a compact disc of a digital recording reflecting:

Exhibit CI: Video recording entitled, "Ferguson Armed @ Store" which was taken at the Shell station at 4302 McCullough Avenue, Olmos Park, Bexar County, Texas regarding incidents occurring on February 20, 2018; Exhibit C2: Video recording entitled, "Ferguson--MiJler In-Store" which was taken at the Shell station at 4302 McCullough A venue, Olmos Park, Bexar County, Texas regarding incidents occurring on February 20, 2018; Exhibit C3: Video recording taken by the dashcam of the police vehicle that Officer Brandon Schumacher used while on shift on February 20, 2018; Exhibit C4: Supplemental Incident Report authored by Officer Brandon Schumacher regarding incidents occurring on February 20, 2018; Exhibit CS: Supplemental Incident Report authored by Investigator/ Officer Hector Ruiz regarding incidents occurring on February 20, 2018; Exhibit C6: Warrant No. 047202 for Joanna Castro, authored by Investigator/Officer Hector Ruiz regarding incidents occurring on February 20, 2018; Exhibit C7: Witness Statement of Aamir Khan, Manager of the Shell station at 4302 McCullough Avenue, Olmos Park, Bexar County, Texas regarding incidents occurring on February 20, 2018; and Exhibit C8: Incident Report No. 18-03341, authored by Investigator/Officer Hector Ruiz, regarding the arrest of Joanna Castro on March 27. 2018.

The attached documents and digital footage from the dashcams are kept by my department in the regular course of business, and it was in the regular course of business and activity of the City of Olmos Park for an employee of City, with knowledge of the act and contains information transmitted by the person with knowledge of the matters of the event, condition, opinion, recorded to make the record or to transmit infonnation thereof to be included in such record; and the record was made at or near the time of the occurrence of the matters set forth in the documents and was made by th~ regularly conducted activity as a usual practice for the City. The records att ched are exact duplicates of the originals with the exception of the digital foota e which has been edited to limit the footage to the incident depicted, which i true an co ct.

Further Affiant sayeth not.

Affidavit of Rene Valenciana

RENE V ALENCIANO POLICE CHIEF

Page 2 of3


SUBSCRIBED AND SWORN TO BEFORE ME on this ~ day of June, 2018, to certify which witness my hand and official seal.

Affidavit of Rene Valenciana Page 3 of 3

THE VIDEO AND AUDIO RECORDINGS WILL BE MAILED UNDER SEPARATE COVER

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Joanna Castro v. Albert Salinas ·--~\" #45233 \ .

7/2/18 PB/AR/MG/MH

Civil Action No. 5:18-CV-00312-DAE 12(8)(6) Motion Exhibits A-D

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Su Case 5:18-cv-00312-DAE Document 5-3 Filed 07/02/18 Page 5 of 23

lemental Re ort #1 CaNNo,

Olmos Park Police Department 18-01785 Reportl'ull)OM

OFFENSE/SUPPLEMENT

Primaly Charge

Arrived Time

21:27

Repcrted On D81a Tune

Tue 02/20/2018 21:11 CitMndTIIM

21:38

lneioeril Ctaulflcallon

DJsorderly Conduct Report Dale

02121/2018

42,01 (a)(7)(8) DISORDERLY CONDUCT DISCHARGE!DfSPLA Y FIREARM

Clwge

Occ:up6tion

unk

42.01 (a)(7)(8) DISORDERLY CONDUCT DISCHARGE/DfSPLA Y FIREARM Chatgo, Lewi UCRCodo NIBRSCode

Misdemeanor - Class B 90C Warran!# Coun Judge

Cherge

30.0S(a) CRIMINAL TRESPASS Chat;elevel UCRCoelt NIBRSCode

Misdemeanor• Class S 90J Wlmll'!!# Court Judga

HCIC CQde

5311

NCIC Code

5707

~Code

0003

SllllllCode

0010

Page 1

me !k)()kklg#

18-01185 ome Time

4300 McCullough AVE, Olmos Park, TX 78212 t~aren'JGd:11 Na~p of l'eraor. Notllied

• Yes • No

81Jlld

Stocky

I o. No /Name ol Repo,tlng Offlc:er

· • Schumacher, Brandl/In

Supplemental Report #1

Oe!a & Time Notified

02/2012018 21:11

~ Su.pec:tArmed Wilh

• 0en,..i Rffle

Exhibit

C4


ptioo

Case 5:18-cv-00312-DAE Document 5-3 Filed 07/02/18 Page 6 of 23 lemental Re ort #1 Continue Page 2

StatUIICustodial Slalut/CCl'lditlOn

Seized/Evidence/As described by owner

Black Handgun with 13 rounds Hem/Calegoty

Rreanns 8(and

Taurus Model

PT111 G2 Sena! NIATllMr

TJX15384 C<llib6r

9mm Action

Semi Finllh

Black

6ta11Ja/C..a:todial SlatuSICondltlon

2280 Seized/Evidence/As described by owner Oo~.ion

Black Riffe h4WTI/~

Firearms Btand

Stag Arms Mo<:lal

Stag-15 SeffllNUITber

209804 Caliber

.656 Acllon

Semi Flmh

Black

1. On 02/20/2018 at approximately 21:11 hours dispatch advised of calls on 911 for a person with a gun In the

4300 block of McCullough. As I, Officer B. Schumacher #324 was about to get in my patrol vehicle outside the

police department a vehicle drove up. The driver later identified as 0.0.8-advlsed

me that she had called 911 for a person with a gun at the circle. When asked if she was alarmed she stated that

she was especially since her child was In the vehicle. I had her write her name and phone number down and

then went to the area of the call.

2. As I and Officer A. Salinas #341 arrived in the area, I observed a male in grey clothing facing away from me. I

activated my emergency lights and exited my patrol vehicle with me department issued patrol rifle drawn as I

could see a handgun on the person's hip, and a sling across his back. I gave verbal commands for the person to

put and keep his hands up. Officer Salinas then came around and the male was given a command to go to his

knees. Once on his knees Officer Salinas handcuffed the male later identified as Jack Miller 0.0.B

(APl). A black handgun being open carried was removed from his right hip area and unloaded of the 12 rounds

in the magazine, and one in the chamber. A black rifle was also removed from Mr. Miller and when checked it

had no rounds In it.

3. Mr. Miller was then advised he was in v iolation of City Ordinance Sec. 24-211 Being in or about a public or

private building in the nighttime. I placed Mr. Miller in the rear of Officer Salinas' patrol vehicle while Officer

Salinas secured the weapons. Mr. Milter was then transported to the Olmos Park Police Department for

Processing. Once at the Police Department Mr. Miller was placed in a holding cell. Once in the cell Mr. Miller

began to complain of being dizzy, and swelling in his hands and feet from Diabetes. EMS was called to the

Su Utmpled 0-No.

Olmos Park Police Department lnc:illenl Ctaulfication

Disorderly Conduct • 18-01785

location and after being evaluated, he was taken to Methodist Metropolitan Quarry. While at the Police

Department I took inventory of the weapons: Tag 2279. Taurus PTlll G2 Black Handgun Serial Number -

TXJ15384. Tag 2280. Stag Arms Stag- 15 Black Rifle Serial Number - 209804.

4. Once Mr. Miller was checked and released from the hospital, he was brought back to the Police Department.

Upon completion of all paperwork Mr. Miller was taken to 401 S. Frio central Magistrate Office for booking on

the following charges:

a. PC 42.01 Disorderly Conduct Display Firearm Class B

b. PC. 30.05 Criminal Trespass • Property Texas Class "B• Misdemeanor

S. During the incident I was wearing body camera #6 and had the JCOP Pro in vehicle 908 recording.

03,W201813;SG:42.4"16




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Su Case 5:18-cv-00312-DAE Document 5-3 Filed 07/02/18 Page 8 of 23

lemental Re ort #1 Cue No.

Pag111

Olmos Parle Police Department 18-01784

Primary Charge

AITivod Time

19:53

Report&d On Dal& Time

Tue 02120/2018 20:21 CIOar9CI Time

20:27

30.01(d) CARRY OPENLY AFTER ORAL COMMUNICATION /AT

Name: La$l FIIII. Mlddlo

Ferguson, Todd Delane Conf\denliality ' "

• . -----~~ -~ ---~--

Confodonllelily Mnu: SltNt. Cit)', Stale. ZlP D 4302 McCullough, Olmos Parle, Tx 18212

PIIJOII al~I SchooV Aoatese

Shelf Gas Station 4302 McCullough, Olmos Prk, TX 78212

Jncldenl Claul&atlon

Trespass License Holder-~Data

02123/2018

Occ.,palion

unk

0caJpatlon

Clerk ~Phone

(210) 930-1118

all

•

1. On 02/20/2018, at approximately 20:27 hours, officers with the Olmos Park police department were dispatched to 4302 N. McCullough, Shell gas station, In reference to a male subject that had entered the store with an Openly Carried handgun.

2. I arrived and contacted a male subject later identified as Jack Edward Miller. During the course of this interaction with Mr. Miller, he was Issued a Criminal Trespass Warning barring him from the location of 4302 N. McCullough, Shell Gas station. Mr. Miller refused to sign or acknowledge the form and advised me to shove that form up my ass.

3. I continued with the investigation and contacted the complainant Identified as Aamir Khan. Mr. Khan stated he has been an employee of the Shell for several years and had started his shift on this date at 12 noon. Mr. Khan stated he was inside the store and at approximately 20:25 hours, when a male subject with a baseball cap, black T-shirt, a goatee beard came in and was armed with a handgun that

I 0. NoJNamo of RepOl!lng Of!lur

Supplemental Report #1 ()3,'1)81'2018 12:35:57.698


Case 5:18-cv-00312-DAE Document 5-3 Filed 07/02/18 Page 9 of 23 Su lemental e ort #1 Co tinued Pa,16 2

lnclOerd Cloaif.c:a~on lllempted CIM No.

Olmos Park Police Department Trespass License Holder- • 18·01784

-

was visible on the subject's right hip.

4. Mr. Khan stated the handgun was clearly visible (also video surveillance available). Mr. Khan stated the store has a conspicuously displayed 30.07 sign posted at the front left entrance clearly visible to the public.

5. Mr. Kahn stated he immediately advised subject he could not be inside the store with the weapon exposed and that he had to leave. Subject covered the weapon but refused to leave and stayed to verbally argue with Mr. Kahn. After about a minute, subject exited the store, went to the outside of the front door, began to read the signs posted and then again came inside the business after he had been told to leave.

6. Mr. Kahn stated at this time he felt very nervous and afraid since subject was bigger in stature than complainant and was armed with a handgun. Subject continued to stay Inside the business for approximately 2 more minutes. Subject continued to stay Inside the store and then left as he was told by complainant he was on the phone with the police and also as a customer entered the store.

7. On 02/21/2018, I continued with a follow-up Investigation. I contacted complainant Mr. Khan. I reviewed the video surveillance from the Shell close circuit TV equipment.

8. As I reviewed the video footage, subject was immediately Identified. I have personal knowledge of the subject's identity since he was the focus of a "BOLO" from the City of Universal City Police Department. (see attached "BOLO"). Suspect identified as Todd Delane Ferguson 008:-

9. I clearly observed that the suspect was armed with a handgun on his right hip in an openly displayed manner as he enters the store, clearly violating the posted 30.07 sign.

10. Mr. Kahn stated he wanted to file charges for the offense. He signed a handwritten affidavit.

03/06/2018 12:35:ST.736



•, .....

04/24/ 2018 11:30 2108328929 OLMOS PARK POLICE PAGE 02/05 Case 5:18-cv-00312-DAE Document 5-3 Filed 07/02/18 Page 10 of 23

WARRANT OF ARREST

STATE OF TEXA; )

COUNTY OF BE>:AR )

WARRANT NO.

WARRANT LO_d) 4 7 2 0 2 OPPP Case# 18-01785

WHEREAS, a complaint in oath and in writing has been made before me charging that on or about the 10™ day of February 2018 A.O., Castro, Joanna did commit the offense of INTERFERENCE, W/DUTIES of PUBLIC SERVANT, a Class l'B" Misdemeanor (Texas Penal Code), Bexar Col nty Offense Code 630009, contrary to the statutes, and against the peace and dignity of the Stat1~ of Texas.

YOU ARE HEREBY COMMANDED to arrest Castro, Joanna and bring her before a magistrate in Bexar County, Texas to answer to said complaint.

Castro, Joanna i!S a White female,~ 5'03,, 15 lbs Br<tlWn hair ................ = ........ = Te.xas DL

-t, SID # 0767711

HEREIN FAIL NC:T, but due service and return make this Writ as the law directs.

GIVEN UNDER my hand and seal of is court the L..,"L l-,g day of "\O'I '-Y .. \-:,A. D. 2018.

Magistrate Bexar Gou I

l~.e r,£! R~ 'S.

Court. __________ _

Recommended B:md _____________ _

OFFICERS RETURN

Come to hand thE•~~ _ __ day of ______ AD. 2018.

Executed this __ day of _________ AD. 2018.

1




04/24/2018 11:30 2108328929 OLMOS PARK POLICE PAGE 03/05

WARRANT LOG() 4 7 2 Q 2 STATE OF TEXAS )

COUNTY OF Bl::XAR ) CASE NO. 18~01785

AFFIDAVIT OF FACT

CAME INTO mei this day, Hector Ruiz, a person known to me who upon oath swears as follows:

My name is Hec:or Ruiz, I am a police officer with the rank of Sergeant employed by the City of Olmos Park, I am assigned to the criminal investigations division_ I have participated in 1r1umerous investigations in the past that have led to the arrest and conviction of persons who have violated the laws of the State of Texas.

I am filing this a:ffidavit in support of a request for an arrest warrant for Castro, Joanna, hereafter called ''suspect", Castro, Joanna is a White female, ~ Castro. Joanna is 5'03" ·:all, 155 pounds, with Green eyes, and Brown~ . Texas DL # Texas ID# l'IA.1 I'

SID# 0767711

The request for lhe arrest warrant is supported by the following facts:

01::FICER A. SALINAS STATEMENT OF FACTS: (1). On 02/W/2018 at approximately 7:52pm, Officer A. Salinas #341 arrived at Lin Marche

located at 4307 Mc: McCullough Ave for a man with a rifle call. He exited the marked patrol vehicle with

the departmental t1 R-15 patrol rifle, because of the nature of this call. He observed a female, whom,

during the course of this investigation, was Identified as Joanna Castro, "Suspect", with something in her

hand- The officer tc: Id "Suspect" several times to get back because Officers were dealing with a man

with a gun.

(2)- "Suspect" refu:;ed the officers lawful commands while this incident was occurring and as Officer B.

Schumacher #324, had Jack Edward Miller at gun point, this was the man with.a rifle and hand gun. In

order to get "Suspt1ct"' out of the vicinity of danger and for her not be interfering with Officer Salinas

and Officer B. Schumacher, the officer had to physically guide "Suspect"' back a couple of times. The

"Suspect" came ve1y close to the side of his handgun, that "SuspectH' was approximately less than a foot·

away where "Susp1:!C:t" could have easily reached over in an attempt to take it.

(3). ovsuspect1' then shoved something towards the officer's face. It appeared small and dark in color,

possibly a cell phone. The officer immediately pushed it away from his facial area and it fell down. He

later confirmed it was a cell phone. This appeared as if the "Suspect,, was intentionally trying to distract

2

Case 5:18-cv-00312-DAE Document 5-3 Filed 07/02/18 Page 12 of 2304/24/2018 11:30 2108328929 OLMOS PARK POLICE PAGE 04/05

WARRANT LOGO 4 7 2.0 2 distract the officer ,:she was performing his official duties. There was very poor lighting in that area and

it could have been" weapon.

(4). Officer B. Schur11acher then yelled for assistance and he left "Suspect" where she was in order to

assist Officer B. Sch11macher, who had Jack Edward Miller at gun point.

He was wearing bo<:y camera #1 and was driving patrol unit #903.

3

04/24/2018 11:30 2108328929 OLMOS PARK POLICE PAGE 05/05

,, .. /

/

Case 5:18-cv-00312-DAE Document 5-3 Fi led 07/02/18 Page 13 of 23

WARRANT LOG O· 4: Z 2 0 2 Summary and Conclusion The complainant, Neiandro Salinas, does not know the suspect, Castro1 Joanna. Castro. Joanna clid commit the offense of offense of INTERFERENCE W/DUTIES of PUBLIC SERVANT, a Cla$!S i,B" Misdemeanor

A. a person commits an offense if the person wrth crimlnal negligence interrupts, disrupts, l·-npedes. or otherwise interferes with:

1) a p nace officer while the peace officer is perfom:ring a duty exercising authority uni: osed or gl"anted by law;

(b). an ,)ffense under this section is a Class B Misdemeanor.

Based on the prEiceding information Your Affiant has reason to believe and does believe that Castro, JoS!D.,!H committed the offense of offense of INTERFERENCE W/DUTIES of PUBLIC SERVAti[., a Class "B" Misdemeanor (Texas Penal Code), Bexar County Offense Code 530009, contrary to the statutes, and against the peace and dignity of the State of Texas

Your Affiant askE, that a warrant be issued for the arrest of Castro, Joanna.

//

Cc,urt

Rec;ommended Bond _ _____ _

4

.,,.-~-

Case 5:18-cv-00312-DAE Documertt 5-3 Filed 07/02/18 Page 14 of 23

OLMOS PARK POU CE DEPARThfENT

Witness Statement:

Gase4f I f):o 118 5 I, {;) A HT' a. \b+l A-,V , am about to make known to ti r. ec7of) - 13 L212 , who has identified themselves as an Olmos Park Police Officer the following statement. I aw giving this written statement voluntarily for use· by police officers for whatever purposes they deexn necessary and/or appropriate.

I. ALSO UNDERSTAND THAT IT IS A CLASS "B" MISDEM:EANOR UNDER THE TEXAS PENAL CODE, CHAPTER 37, SECTION 37.08, FALSE REPORT TO A PEACE OFFICER, TO WIT: A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to a peace officer conducting the investigation.

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Su


lemental Re ort #1 Case No.

Olmos Park Police Department 18-03341

Paga 1

1-R-.,pon--Pl6J)O--s.,----- ---------,-R~ep-on_ed_O:-n-D_a_1e-----:T:-ime------rlnc,--:-.dent-C:-1a-ss,-=r,-,ea-.tio_n _ __._ ___ ________ an_emp_1-;

Offense/Supplemental info Tue 03127/2018 18:05 i Assault-Public Servant • Ol&p8ltn Time

18:05

----,-- -------'----,- -----------,'------ ------,-------Ani·,ed nme C!aar&d Time Rapo,1 Dale

18:09 03:30 03/28/2018 Prunary Cha1ge

38.1 S(b) JNTERFER W/PUBLJC DUTIES Add<!icnal Charges

42.03 OBSTRUCT HIGHWAY PASSAGEWAY, 38.03(a) RESIST ARREST SEARCH OR TRANSPORT,

Place ol En,ploymont I SchooU Address

-Cha<iJ'I

38.1 S(b) INTERFER WIPUBL/C DUTIES

Occupatiol'I

unk

Report l imo

15:54

e, timatoo Total Propo11y Los9

Employe,- Pi'lone

t-C-ha-,g,1-L-a,-el-----------·~-UC"'"R_C_od_e _____ ......,_N"""1B"'"R.,..S.,..C0<1_e _____ .,..N_C_IC,...C,-ode ______ ..,....Sta-,-a c_od_e---- ----1

Misdemeanor - Class B 7399 1084 1------------,--- ..._-----..------------'---------,-.._ ____________ ~ Warrant II Cou!1 Judge

Charge

42.03 OBSTRUCT HIGHWAY PASSAGEWAY Char,ie l avel UCRCoce

Misdemeanor - Class B Warrant II Coul1 Judge

Charge

38.03(a) RESIST ARREST SEARCH OR TRANSPORT Charge Level UCRCode

Misdemeanor• Class A W0081\t II Coi;n Judge

Charge,

22.01(b)(1) ASSAULT PUBLIC SERVANT Charge Level UCRCOde

Felony • 2nd Degree Warrant#

Height Weight Build

5'05" 175 Normal

I GLOCK 20 Gen 4 ___ :!_0mm handgun wlholster

Brend I Mo<lel

j Glo;~----- 20 Gen 4

Supplemental Report #1

NIBRS Code

NIBRSCOde

NIBRSCooe

NCIC Code

5307

NCIC Coe»

4801

· NClCCode

1399

Item/ Category

Weapons-Other SerialNUITIDer

BECP427

State Code

0001

State Code

0006

State Cooa

0063

06/28/2018 09 55:39.408

Su


lemental Re ort #1 Continued Paga 2

1 Olmos Park Police Department

2314

Incident C1assiroea1ion

Assault-Public Servant • 18-03341 -----------------,

=:,:--::---+----------·---------------+.,~te-m/C"':C""a.,..1eg_o,y _ __ ~ ----- ~---··-----·····--······-··----

Beretta .22 cal LR wisting Brand

Beretta Owner

Body Armor 4xxxx Brand

Unknown Owner

2313

Model

.22 cal LR

i Modal

Weapons-Other ~rielNumber

PB027787 Current LOC3!icn

Item/ Catc,gory

Other Serial Number

C~ent Location

Owner As s;gned Number

Ov,,nar Assigned Number

...,__-------- - ---~------------+:---:--:,-,------''----··-- ··- --·-·· ···--····-·-·-·---·----·-----lleml Catoga,y

2 (15) round magsfulf, folding knife Brand

black Fox-Knife

2313 Description,.

Model

SONY mini handycam blue colored Brend

Sony ! Mooef

' HDR-CX240 Owner

2312 Oesc,,plion

SIG SAUER 1911 SEMI-AUTO WIMAG Brand

SIG SAUER Owner

Grisham,ChristopherJohn

Model

1911

R9Ceivod From

Received From

Christopher J. Gr/sh

Weapons-Other Serial Number

Serial Number

4218818 Current Locati<ln

Item/ Catego,y

Firearms Serial NLl!lber

54B120153 CurrlWlt Loeation

Property Room

Owner Assigned Nlfflber

Owner Aasignad Numb8r

0012a,20,e 09:55·:is sea


Page 3 lemental Re ort #1 Continued .-=-~~"-=-''-"--'-==~-='-""-=-=---"-"'---=---=-=-=-=-=~::;.=-=-----------------,.,---------------, lm;i®fl1 Cla $$dicalioo

2312 DescnpUon

Go-Pro camera/folding knifelleatherman Brand

Crosstour

°"""''

2312 De>aiption

Grey colored Google phone Brand

Google

111em#

I Mooel ! , 4K wl-fi

Model

G011A

Item/ Catc,gory

Recordfngs-AudloMsua/ Serial Numt>er

Cu<rent Location

lt&m/ Category

Owner As5igood Number

Portable Electronic Communications Se<ial Numbor Own8' Assigned Number

Curr81'11 Location

! 2313 loe,i;ription·~ --- - ------ - ----------+-lteml_,,C-atego_ry __ .....___ .. ___ ,,.,., __ ,, ____ ,,_ ··-·--- - ·~·------·--· ! Samsung cell phone Portable Electronic Communications Brand

Samsung Model

SM-G892A Serial Humcer Omer Aso,gned Number

(A). While on duty, patrol officers were dispatched to the 4300 block of N. McCullough in reference to a male subject carrying an AK-47 type style of rifle slung across his body.

(B). While exiting the building, OPPD, I observed a male subject walking west at the 100 block of west El Prado. He was directly in front of the Olmos Park fire department building. This male appeared suspicious in the manner that he kept his head low and never looked towards my direction but rather looked low and away to his right. He was wearing a bright neon green long sleeve shirt with tan pants and a red baseball cap. The male continued to walk towards the 100 block of Olmos Lane towards N. McCullough.

(C). I heard officers at the scene stating they had a large, tall male subject standing at the corner of N. McCullough and Earl st The male had an assault type rifle slung across the front of his body. I arrived and positioned my marked patrol unit facing in a south westerly position in between the Rex Guitar location and Shell gas station.

(D). As I exited, I quickly observed a group of people standing off to my right Each was of them was either holding a video camera or cell phone and obviously recording the event. I qutC?Jdy::ordtr_ed them to stand back and away from the scene, not knowing if they were part of the sam~gr,,;,Op or.:ju~: innocent bystanders. I was able to recognize a female within the group. This feW~~p ,ytas'r'eciri'n~d as Joanna Castro. Ms. Castro was recently involved in a separate incident (ca5;f ~'}il-~Q.fil ~ ,~,:

,J ..._,, ~ I 7 i; ~ :· , ,~ v,\ ,f::"" t: ,:, ,,;.. . , , "-\ ;~ •'.1 ( ,< ~·l C -..:~ Ll .._ ,t.,' "!h • '\:~.,• ,.::~ , j';

~\.~ "1' '¥'!, . . ,;,,·0j.,4 (.,~·: ... ~~. •...,,) * l-, ... L.::'...,..., ,~.,..,,,._ ~ :~ 4..-t·

06/28/2018 09:55:40.224



Su lemental Re ort #1 Continued Olmos Park Police Department

lncidanl Classification

Assault-Public Servant

Page 4

altempled Ce.,, No.

• 18-03341

she is a suspect for Interfering with the Duties of a Public Servant. I had personal knowledge that an active warrant was pending for the aforementioned charge.

(E). At that moment, I disregarded Castro and concentrated on the emergency scene unfolding. As I approached, I observed Officer A. Viera standing next to the right front passenger area of his patrol unit. He was holding his patrol unit's rifle. He parked his unit at the 4300 block of north McCullough on the northbound lane. He blocked all traffic access to keep innocent civilians from possibly being caught in the crossfire.

(F). Suddenly, I see another marked unit approach from the south of the Shell parking lot. Officer R. Valenciana also parked his unit tactically facing in a westerly direction. As he exited, I observed him approach the scene, followed by Officer Viera. I started walking towards their direction, keeping a watch on the group to my right.

(G). As I approached, I observed Officer Viera attempt to detain the subject with the green neon shirt.This was the same male subject I had seen at 100 West El Prado in front of the fire department That male, later identified as CHRISTOPHER JOHN GRISHAM, kept pulling away and walking backwards, away from Officer Viera appearing to not heed the verbal commands given and resisting by physically pushing away the officer.

(H). As this unfolded, I observed Officer Valenciano deploy his department issued Taser. The prongs struck Grisham on his back torso area, immediately affecting his movements. Grisham fell backwards in a prone position and was immediately handcuffed, searched for weapons and transported to a marked patrol unit ·

(I). I continued and contacted the large male subject with the rifle. I immediately handcuffed him. During the handcuffing procedure, he was placed on in his knees. The rifle he had slung across his body was quickly cut off at the sling with the use of my knife. He was disarmed also from a handgun he was carrying concealed inside a belt holster to the right of his body.

(J). The handgun was identified as a GLOCK 20 Gen 4 AUSTRIA .10mm Semi-auto handgun Serial # BECP427 loaded with 15 JAG live rounds in the magazine, none in the chamber. This male also had another magazine in his front left pocket with 15 JAG live rounds. He was also wearing a bullet proof vest BODY ARMOR) under his clothing. The male was identified as James Ray Everard DOB:

Texas DL#

(K). Everard was transported to OPPD for further processing. He was secured in Officer Valenciano's unit His rifle, a Beretta .22 cal LR Serial # PB027787 was also confiscated, processed, photographed and placed in the evidence room. (SEE OFFICER J. LOPEZ DETAILED REPORT FOR FURTHER INFORMATION REGARDING CRIMINAL CHARGES).

(L). Before leaving the scene, I approached and contacted Joanna Castro. I advised dispatch to confirm her active warrant Warrant# 1641271 was confirmed. Castro was taken into't:,Ottcidy;and handcuffed. Castro was transported to OPPD for processing. Castro was transpof!.e({Q:t5)i',:0;\. magistrates office and booked for the warrants and for an additional charge of_/ :?i00~ j\ ·,,"\ __ ,,: c,\,.j

j .-::,; fl ~,;~ L.7 -~ L '· ,., M 1 ,,_.. ,, , to \~:."-" .V"-.\ . /' 1 '\ -( "<;:--~-6.

'Q:,~/,) ~-\,

06/2812•1 a 09 5540 242


Su lemental Re ort #1 Continued

Olmos Park Police Department I l,,cid8flt Classification

Assault-Public Servant

OBSTRUCT PASSAGEWAY/ROADWAY-Class "B" misdemeanor.

attempted I Case No.

• 18-03341

Page 5

(M}. A follow-up investigation into the subject (Christopher John Grisham) identified in paragraph (G), revealed he had been convicted of a similar offense of INTERFERE WITH DUTIES OF PUBLIC SERVANT out of Bell County. Case was disposed on 11/20/2013 Cause# 2c1302656 with a Final Pleading of "Not Guilty" and a fine of $2000.00 and Court Cost of $261.00.

(N). During the follow-up, it was discovered Grisham received his license to carry a handgun through the Commonwealth of Virginia. He was issued license# N031142 on 11/03/2016 and expiring on 11/03/2021. Grisham was ineligible to receive a LICENSE TO CARRY through the State of Texas since he was convicted of a Class "B" misdemeanor preceding his application within the 5 year date of his conviction.

NFA///RTS

06/2er2018 O'J:55:40.257

Documents

Case 5:18-cv-00312-DAE Document 5-3 Filed 07/02/18 Page 1 of 23 · Case 5:18-cv-00312-DAE Document 5-3 Filed 07/02/18 Page 1 of 23 JOANNA CASTRO, PLAINTIFF IN THE UNITED STATES DISTRICT