SAN JOSEPOLICED. —T er DISTRICT ATTORNEY HARDCOPY RP DISTRICT ATTORNEY COPY ***FOR OFFICIAL USE ONLY*#* }GO# SJ 2016-161540826 OPEN 2SC-1 245C PC ASL OFC W/O FIREARM Related Text Page(s Document: SUPPLEMENTAL Author: Related date/time: Jun-03-2016 (Pri,) 1923 On 6-2-16 at approximately 1500 hrs, I was assigned to the Covert Response Unit working in a plain clothes capacity. 1 was assigned to monitor the outside crowd (protesters) at the Trump Convention which took place at the San Jose Convention Center. My duties were to identify individuals from within the crowd (protesters) that were committing crimes. ‘Through out the afternoon and evening, I observed the crowed throwing rocks, cones, signs, and other objects at the police. Protesters lit signs and bats on fire in the middle of the street while they kicked cars and broke cat windows. I watched several individuals wearing “Trump articles of clothing, yet puncked, kicked, and pushed Due to the crowd size and volatility, officers (both uniform and plein clothes) were unable to help mast victims San Jose Police officers announced multiple times over loud speakers, declaring an unlawful assembly, and ordering the crowd to disperse, Announcements came from officers on the ground with bull horns as well as the police helicopter from above. At approximately 2110 hrs, Officer Si, CMB, and | were all in plain clothes mixed within the protesters monitoring the crowd on Park Ave just east of Woz Way. ‘The protesters were in the middle of the street in westbound lanes on Park Ave. The crowd was currently being pusiied back by police officers who were still ordering them to disperse and declaring te crowd an unlawful assembly observed two individuals carrying a roadbiock sign. This sign is a standard metal A-frame sign that is approximately 3 ft tall and 2, wide, thas wood panels on the front and back. I would estimate the sign to weigh approximately 20-25 Ibs. This sign can easily cause great bodily injury and/or death. One suspect was ‘wearing a black shirt and the other one was wearing a ted shit. It looked as if they both were going to toss it at the police who had formed a line in the street to hold the protesters back. AAs the erowd thinned, the suspect wearing the black shirt tossed the metal A-frame sign at the police. The metal and wood A-frame barricade flew over several protesters hitting officers who were approximately 20 ft away. See Officer dllga's report for details of the officer hit, The suspect that threw the sign was later identified as suspect Antonio Fernandez | watched suspect Fernandez pick up another metal A-frame sign, stat to toss it at the police line but stopped suddenly. It appeared to me that he changed his mind do to the fact of so many protesters were between him and the police and the fact chat so many people were watching him. Suspect Fernandez then takes that sign and another sign over to some orange barriers that were in the street, He positions the signs and bartiers in the street ina perpendicular manor to the police skirmish line in an attempt to disrupt police as they advance towards the crowd. After doing so, suspect Fernandez tnkes off his black shirt and wraps it around his face in an effort to conceal his face and identity 2016-161540826 Page ofDISTRICT ATTORNEY COPY ***FOR OFFICIAL USE ONLY#*? |GO# SJ 2016-161540825 OPEN 2480-1 245C PC ASLT OFC W/O FIREARM| RAL SAN JOSEPOLICED T ie DISTRICT ATTORNEY HARDCOPY Officer Mile makes contact with Lt. Fong #2710 and informs him that we are following the suspect that tossed the metal A-frame sign at the police. Lt, Font forms an arrest team and drives straight towards the suspect who is in the middle of the crowd. Suspect Fernandez is standing directly in front of me, As suspect Fernandez sees officers approaching him, he turns and starts to run westbound on Park in an attempt to flee police, 1 tackle suspect Fernandez in the middle of the street. Officer IMM was able to help me hold suspect Fernandez down (2-3 seconds) until relieved by uniformed officers (arrest team). Suspect Femancdez. was then taken into custody | never lost sight of suspect Fernandez from the time he tossed the metal sign until his arrest. Officer tb interview suspect Fernandez about the incident. See his report for details. During the interview, which I was present for, 1 asked suspect Fernandez about the small red bump on his forehead which had a few ches and slight swelling. Suspect Femandez stated he sustained the injury as a result of me tackling him and his head hitting the ground, I asked suspect Fernandez if he needed medical treatment. He denied medical which was also recorded. | sustained minor scratches on my elbow and knees as a result of tackling suspect Femandez on the pavement, I dig not seek any medical treatment, See Officer @lilip's report for additional details 2016-16) 0826 Page ofSAN JOSE POLICE D. T DISTRICT ATTORNEY HARDCOPY DISTRICT ATTORNEY COPY ***FOR OFFICIAL USE ONLY*** (GOF SJ 2016-161540826 OPEN 245C-1 245C PC ASLT OFC W/O FIREARM] Related Text Page(s Document: NARRATIVE, ph Subject: FERNANDEZ, ANTONIO MOSES Related date/time: Jun-03-2016 (Fri) 1326 On 6/02/16, T was assigned to the Covert Response Unit and dxessed In © plain clothes capacity, Presidential Candidate Donald Trump was visiting the San Jose Convention Center for a rally. The San Jose Police Department and other allied agencies were strategically placed in the downtown area for crowd control and to maintain peace. Recently, throughout the nation protesters have become rowdy and violent during Trump rallies, I was tasked to work plain clothes enforcement and monitor protesters fron within the crowd. Approximately 1700 brs, I began monitoring the downtown area on foot. Trump was scheduled to arrive in gan Jose approximately 1800 hrs. I noticed at Market and San Selvador, a group of approximately 250 protesters were gathered behind police barricades. The group was situated north of the Convention Center tent, where Trump was said to hold the rally. Protest leaders held megaphones inciting protesters to yell, some being derogatory statements directed towards Trump, As time came closer to 1800 hrs, more protesters arrived, mostly younger males and females between the ages of 14 to 25. they held signs denouncing ‘Trump end some began burning the United States flag in the middle of the street. It became inherently dangerous for anyone wearing a t-shirt or hat in support for Trump. I observed Trump-supporters being spit on, objects being thrown at them, punched, kicked, and even robbed of their personal belongings. In these instances, I observed victims running for their lives because protesters began adopting the mob mentality and attacking people. 1 was unable to make contact with any of these victims due to my undercover capacity and for my safety as well. Nearing the end of the rally, T observed Trump-supporters leaving the rally just south of the Marriot Hotel. anyone holding a sign in support for trump were immediately antagonized by protesters. Protesters armed themselves with eggs, bottles, rocks and newspapers and threw items at ‘Trump-supporters. T also cbserved anyone wearing the American flag or a printed American flag were being confronted in an aggressive manner. It was my belief the protesters associated the American flag as a Trump-supporter. As Trump-supporters began to dissipate, the protesters began jumping on cars, chanting different messages. some a involved the Black Lives Matter movement, and some just didn't make any cuncing Trump, 6 2016-161540826 Page ofSAN JOSE POLICE D. TF DISTRICT ATTORNEY HARDCOPY DISTRICT ATTORNEY COPY ***FOR OFFICIAL USE ONLY*#* (GF $5 2016-161540826 OPEN 2450-1 245C PC ASLT OFC W/O FIREARM, Related Text Page(s Documer j|ARRATIVE ‘he Subject: FERNANDEZ, ANTONIO MOSES: Related date/time: Jun-03-2016 (Fri.) 1326 On 6702/16, T was assigned to the Covert Response Unit and reseed Ine plain clothes capacity. Presidential Candidate Donald Trump was visiting the San Jose Convention Center for a rally. The San Jose Police Department and other allied agencies were Strategically placed in the downtown area for erowd control and to maintain peace. Recently, throughout the nation, protesters have become rowdy and violent during Trump rallies. i was tasked to work plain clothes enforcement and monitor protesters from within the crowd. Approximately 1700 hrs, I began monitoring the downtown area on foot. Trump was scheduled to arrive in San Jose approximately 1900 hrs. I noticed at Market and San Salvador, a group of approximately 250 protesters were gathered behind police barricades. The group was situated north of the Convention Center tent, where Trump was said to hold the rally. Pretest leaders heid meyaphones inciting protesters to yell, some being derogatory statements directed towards Trump. As tine cane closer to 1800 hrs, more protesters arrived, mostly younger wales and females between the ages of 14 to 25. they held signs denouncing ‘Trump and some began burning the United States flag in the middle of the street. Tt became inherently dangerous for anyone wearing a t-shirt or hat én support for Trump. I observed Trump-supporters being spit on, objects being thrown at them, punched, kicked, and even robbed of theiz personal belongings. In these instances, I observed victims running for their lives because protesters began adopting the mob mentality and attacking people. t was unable to make contact with any of these victims due to my undercover capacity and for my safety as well Nearing the end of the rally, 1 observed Trump-supporters leaving the rally just south of the Marriot Hotel. anyone holding a sign in support for Trump were imnediately antagonized by protesters. Protesters armed themselves with eggs, bottles, rocks and newspapers and threw items at Trump-supporters. I also observed anyone wearing the american flag or a printed Anerican flag were being confronted in an aggressive manner. Tt was my belief the protesters associated the American flag as a Teump-supporter 4s Trump-supportexs began to dissipate, the protesters began jumping on cars. chanting different ew ant cing ‘rump, some involved the Black Lives Matter movement, and some just didn't make any 2016-161540826 Page ofSAN JOSE POLICED “T DISTRICT ATTORNEY HARDCOPY DISTRICT ATTORNEY COPY ***FOR OFFICIAL USE ONLY*** GO# SJ 2016-161540826 OPEN 245C-1 245C PC ASLT OFC W/O FIREARM sense at all At 2004 hrs, I heard a dispersal order from the police helicopter and various police motorcycles, as written in the SJPD duty manual. Tt was annouced in the area of Almaden, north of Woz, The order was broadcast: over a PR system and could be heard within the block. I was standing within the protesters approximately 200 ft away from the PA system. At nightfall, there were very few Trump-supporters walking around. I observed numerous police skirmish lines being formed in an effort to gather protesters onto Almaden Ave. I believe based on my observations, some protesters were peaceful and tried to maintain the peace by the stopping violence and property destruction. But there were some individuals who were inciting riots. And those individuals multiplied as the time grew on Approximately 2045 hrs, the protesters were being directed onto westbound Park Ave from Almaden. Protesters began throwing small items such as rocks, bottles and garbage at the police skirmish lines. Officers on the lines were dressed in full police riot gear and I was unable to see any officer being injured. At 2110 hrs, protesters began picking up orange street cones and throwing them at the police skirmish line, I steod approximately 30 £t from the police lines and saw a Hispanic male, approximately 5'5" cali, wearing a black polo shirt. He was holding a white and orange, A-frame metal barricade (2ft tail x 3 ft wide). He began running towards the police lines and tossed it into the air from about 15 ft. The barricade flew over dozens of protesters and landed into the police skirmish line. As I maintained visual of the Hispanic male, I looked through the protesters and saw Lt Johnson Fong on the ground. At this point, 1 believed Lt Fong was injured as a result of the barricade being thrown at him. I informed Ofc A—'7MMMAQNIMM (plain clothes officer) who the suspect was. He observed the same person as I did. I told Ofc (zy to maintain visual as I wanted to make contact with Lt Fong first before I break my undercover capacity. At the same time, I saw the suspect walk up to another A-frame barricade and picked it up. Ofc ®[™MNNNNWP stood at close proximity to him and faced him in an effort to deter him but we did not break cover. The area was too hostile and if we broke cover, our safety would have been jeopardized. I believe the suspect knew he was being followed and put down the A-frame. At this time, T told Ofc /—/MMMMB and Ofc SMM (plain clothes) to maintain visual of the suspect. As the skirmish line was advancing westbound towards us, I made an effort to make contact with Lt Fong. At 2016-161840826 Page ofsei. SAN JOSE POLICED T @ DISTRICT ATTORNEY HARDCOPY DISTRICT ATTORNEY COPY "FOR OFFICIAL USE ONLY*** GO# SJ 2016-161540826 OPEN 2480-1 245C PC ASLT OFC W/O FIREARM, this point, I stood in front of the skirmish line and Lt Pong recognized me. I turned around and saw Ofc S/?ZZMMlgp standing behind the suspect. The suspect was looking in my direction. The group of protesters backed up about 15 ft away from the skirmish line and I stood between the police line and them. I then spoke to Lt Fong and told him my observations and Ofc Hatzenbueler was maintaining a visual of him. T asked Lt Fong if he wanted him arrested. He told me yes. I was instructed to walk towards the suspect and detain him, which would allow uniformed officers to identify the suspect to arrest him. (There were still over 100 aggressive protesters around and the area was only lit by street lights.) As I began walking towards the suspect, I saw the suspect rolling onto top Of Of; ARM and Ofc MMM. T approached them and identified myself as a San Jose Police Officer. I attempted to physically restrain him by placing my body weight onto the upper back area of the suspect. at this point, the suspect was faced down on the ground but his hands were uncontrolled. I knew this would give me time for uniformed officers to arrive and assist with che arrest. Simultaneously, uniformed officers converged on us and assisted with taking the suspect into custody. 1 immediately detached from the suspect and allowed the uniformed officers to complete the arrest. I debriefed the arrest situation with Ofc @QamMMMMIMMp and he informed ne the suspect had taken off his polo shirt and covered his face. Right when I started walking to him to detain him, the suspect tried to flee on foot. However, Ofc @QQMNMEMMMB was standing right behind him and ran into him, causing them both to fall onto the ground. Please see Ofc (e's report for full details, About a half hour later, the suspect was calm and I removed him from the back of the transport wagon. I spoke to him away from other uniformed police personnel. The suspect was identified by his California ID as Antonio Fernandez. Our conversation was recorded. Statement of Antonio Fernandez Jr (Si): i made conversation with him and explained I was a San dose Police Officer and vhy I was dressed in a plain clothes capacity. 1 read S1 his Miranda right's from my department issued police notebook. $1 understood his right‘s by saying, "Yes." I then continued to speak to him. He told me he arrived downtown st approximately 2100 hrs. He came from his job in Mountain View. He stated he was aware of rhe Aispersa ead was following the crowd. 2016-161540826 Page ___ ofBAL SAN JOSEPOLICED, T DISTRICT ATTORNEY HARDCOPY a DISTRICT ATTORNEY COPY ***FOR OFFICIAL USE ONLY*** Gi -O# SJ 2016-161540826 OPEN 245C-1 245C PC ASLT OFC W/O FIREARM I asked him about the A-frame and he told me he picked one up but put it back down. T explained to him I was standing right behind him. I reverted our conversation to the first A-frame. I explained to him, 1 had observed hiri holding an A-frame while carrying it towards the police line and throwing it at them, He denied doing so (in a very calm manner.) He never got excited. After further conversation, our interview concluded. Si was booked for PC 245c and PC 148. T recommend PC 409 for DA review I also debriefed with Lt Fong, He informed me while working as the Commander for the skirmish line, an A-frame barricade was tossed from the hostile crowd. The A-frame hit Sgt Craig Storlie in the hand, not him. Le Fong was standing beside Sgt Storiie and immediately lowered his body to pick the A-frame off of the ground. Lt Fong eaid he had given the A-frame to another officer to put away. The standard A-frame was not recovered for physical evidence. Please refer to Sgt Storlie's report for full details. He suffered an abrasion to his left hand and complained of pain. END OF REPORT 2016-161540826 Page ofSAN JOSEPOLICED T DISTRICT ATTORNEY HARDCOPY DISTRICT ATTORNEY COPY ***FOR OFFICIAL USE ONLY*** GO# SI 2036-161540826 OPEN 2450-1 248C PC ASLT OFC W/O FIREARM. Related Text Page(s Document; PHYSICAL EVIDENCE Author: Related date/time: Jun-03-2016 (Pri) 1533, I uploaded several photographs of the suspect's injuries. Suspect sustained a bruise to the forehead as a result from falling onto the ground. He refused medical attention uploaded our interview to Des. 2016-161540826 Page ____of