INTEROFFICE MEMORANDUM

DATE: February 21, 2017 PHONE: (909) 382-3690

FAX: (909) 784-0315

FROM: WILLIAM LEE

Supervising Deputy District Attorney
Specialized Units

TO: MARY ASHLEY

Assistant District Attorney

SIMON UMSCHEID
Chief Deputy District Attorney
Central Division

SUBJECT: OFFICER INVOLVED SHOOTING (FATALITY)

Involved Officers: Gabriel Garcia, San Bernardino Police Department

Marcus Pesquera, San Bernardino Police Department
Deceased Subject: Alex David Alvarado, (DOB 03-29-1976), San Bernardino,
CA
Date/Time of Incident: August 22, 2014, approximately 02:07 AM
Investigating Agency: San Bernardino Police Department
Case Agent: Detective John Munoz
DR No: 2014-99256
DA STAR No: 2015-2242

PREAMBLE

The investigation file includes narrative reports, dispatch call log and audio, crime
scene descriptions with diagrams, photographs, audio recordings, coroner investigation
report, autopsy protocol with toxicology results, search warrants, and the deceased
subjects criminal and DMV history.

PREFATORY STATEMENT

Officers Gabriel Garcia and Marcus Pesquera were on patrol together, dressed in police
uniforms, and travelling in a marked patrol car. They came upon suspicious activity by
several people around an automobile. As the officers approached them, Alex Alvarado
fired at the officers without provocation. A gun battle ensued. Alex Alvarado was shot
and critically wounded.

Officers Gabriel Garcia and Marcus Pesquera both discharged their firearms in defense
of themselves and each other. Their actions were completely justified in response to
Alex Alvarados inexplicable and unprovoked deadly attack.

Officer Gabriel Garcia suffered a serious, disabling gunshot injury to his head. His
sacrifice reminds us of the dangers that daily confront law enforcement officers. Officer
Gabriel Garcia and Officer Marcus Pesquera admirably confronted that danger. In so
doing, they exceeded the very high standard of conduct expected of law enforcement.

SUMMARY OF EVIDENCE

INTERVIEW OF OFFICER MARCUS PESQUERA

Officer Marcus Pesquera is an officer with the San Bernardino Police Department. On
August 21, 2014, he had been a trainee for about 3-months and was assigned to patrol
with Officer Gabriel Garcia. Officer Pesquera drove a marked police car while Officer
Garcia sat as a passenger. Both were dressed in police uniform.

Officer Pesquera drove north onto Garner Avenue near 19th Street. A Honda was
parked on the west side of Garner Avenue and faced south (which was later confirmed
to be a Nissan Maxima that faced north). Two females sat inside the car and three
males stood outside. Two of the males stood over what appeared to be the engine
compartment, possibly removing something. Immediately south of the Nissan was a
parked Toyota 4-Runner that faced south. The circumstances were suspicious in light
of the high theft rate of Honda cars. A decision was made to investigate.

Officer Pesquera parked several feet southeast of the Nissan. The lighting was poor. It
was about 2:00 am. The patrol cars spotlight was the only available lighting and was
directed at the Nissan. Officer Pesquera walked towards four of the five subjects. The
fifth subject (ALEX ALVARADO), who had been standing in the middle of the group,
walked to the other side of the Toyota. Officer Garcia followed him between the Nissan
and Toyota. Officer Pesquera lost sight of Officer Garcia.

Officer Pesquera heard Officer Garcia draw his gun. Officer Pesquera drew his gun too.
Officer Garcia asked ALVARADO, Come over here. Let me see your hands. As he
again asked, Let me see your hands, two gunshots were fired. Officer Pesquera
ordered the four other subjects to get on the ground. They complied. Officer Pesquera
called out for Officer Garcia but did not get a response.

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ALVARADO appeared at the rear of the Toyota and fired at Officer Pesquera. Officer
Pesquera returned fire as he retreated to his patrol car for cover. A green laser light
originating from beneath the Toyota shone onto Officer Pesqueras chest. The laser
light disappeared after Officer Pesquera fired under the Toyota.

Officer Pesquera took cover behind his patrol car. He saw Officer Garcia on the ground
leaning against an electrical box located just south of the Toyota. Officer Garcia had a
blank stare as his head lay backwards.

Officer Pesquera moved to the front of his patrol car and continued to fire.
ALVARADO fell to the ground. Officer Pesquera retreated behind his patrol car but
continued to fire. Eventually, Officer Pesquera approached ALVARADO.
ALVARADO raised a gun towards Officer Pesquera. Officer Pesquera shot him once.

After the gun battle, Officer Pesquera saw a loaded AK-47 assault rifle with a laser
attachment. There was a revolver on the ground. He was unsure what weapon
ALVARADO fired. During the gun battle, ALVARADO said things like, Im going to
kill you and get him, Chanco.

There were several shell casings behind the patrol car. Officer Pesquera denied firing
his gun from that location. He opined that police cars may have moved the shell
casings as they drove around the scene, particularly when assisting Officer Garcia.

Officer Pesquera used a 9mm Glock handgun with a TAC light attachment. He started
with one round in the chamber and a fully loaded 17 round magazine. Officer Pesquera
had two additional loaded magazines. During the gun battle, Officer Pesquera
expended the first magazine and reloaded. There was one round in the chamber and 10
rounds remaining in the magazine.

INTERVIEW OF SERGEANT TAMMY LAND

Sergeant Tammy Land is an officer with the San Bernardino City Unified School District
Police. On August 21, 2014, she heard a radio broadcast that an officer was down near
the 1900 block of North Garner Avenue. Sergeant Land and Officer Alejandro Raya
separately drove to that location. She heard gunshots as they approached.

Sergeant Land was the first assisting officer to arrive on-scene. She saw two cars
parked along the west side of Garner Avenue. The northern car faced north (Nissan)
while the southern car faced south (Toyota). A patrol car with illuminated overhead
lights was parked to their east. An officerOfficer Marcus Pesquerawas kneeling in
front of that patrol car, completely exposed, and firing towards the cars.

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Sergeant Land parked behind the patrol car, drew her gun, and walked to the passenger
side of Officer Pesqueras patrol car. She saw the shadow of a figure in the southwest
directionlater identified as Officer Gabriel Garcia.

Officer Pesquera continued to fire towards the cars. There were four people in and
around the Nissan. Gunshots whizzed by Sergeant Lands head. There were two
expended magazine cartridges on the ground. Officer Raya arrived. Sergeant Land
went to retrieve an AR-15 rifle from her patrol car as Officer Raya provided cover.

Upon returning, Officer Pesquera said the shooter (ALVARADO) was down. Officer
Raya located him just west of the Toyota. ALVARADO yelled, Fuck you. Fuck you.
Officer Rayas took him into custody. Sergeant Land saw a revolver on the ground
between the two cars.

Sergeant Land did not fire her gun or rifle during this incident. Additional officers
arrived. Officer Garcia was transported to the hospital.

INTERVIEW OF OFFICER ALEJANDRO RAYA

Officer Alejandro Raya is an officer with the San Bernardino City Unified School
District Police Department. On August 21, 2014, he worked graveyard patrol, was
dressed in police uniform, and drove a marked patrol car.

Officer Raya met with Sergeant Land in the parking lot of Henry Elementary School.
Around 2:00 am, an officer broadcasted a pedestrian check near 19th Street and Garner
Avenue. There were later unsuccessful radio efforts by dispatch to contact the officers.
Then there was an officer down broadcast. Officer Raya and Sergeant Land rushed to
the location. Sergeant Land arrived first.

Officer Raya heard gunshots as he arrived. He parked behind Sergeant Lands patrol
car. An officer was down near an electrical box. Officer Raya moved towards Officer
Pesqueras position. Eventually, the shooter (ALVARADO) fell to the ground. Officer
Raya approached ALVARADO, placed him in handcuffs, and assisted other officers.

Officer Ernie Luna yelled gun. ALVARADO was reaching for an AK-47 rifle inside a
black duffle bag. Officer Raya helped Officer Luna take away the duffle bag and AK-47.

INTERVIEW OF OFFICER CHRIS EMON

Officer Chris Emon is a detective with the San Bernardino Police Department. On
August 21, 2014, he was assigned to patrol, was dressed in police uniform, and drove a
marked patrol car.

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Officer Pesquera broadcasted that he and Officer Garcia were checking on three
subjects. Then there was a broadcast of officer down and shots being fired. Gunfire
was heard in the background. Officer Emon arrived on-scene and parked behind two
San Bernardino City Unified School District police cars.

Officer Raya had taken cover behind his patrol car and looked west towards two
parked cars. Officer Garcia was seated on the ground, leaning against an electrical box
located near an SUV (Toyota) parked on the west side of the street. Officer Raya moved
towards the SUV and took someone into custody.

Officer Garcia was bleeding profusely from his head. His eyes were open but he was
not responsive. Officer Garcias gun lay on the ground beside his leg. Officer Emon
placed the gun into Officer Garcias holster not wanting it left on the ground.

Officer Ray Bonshire arrived. Officers Emon and Luna carried Officer Garcia into the
backseat of Officer Bonshires police car for transport to the hospital.

INTERVIEW OF OFFICER RAY BONSHIRE

Officer Ray Bonshire is an officer with the San Bernardino Police Department. He was
wearing a police uniform and driving a marked patrol car. Officer Garcia broadcasted
that he was checking subjects near 19th Street and Garner Avenue. A short time later,
there was the sound of a radio being keyed with only the noise of commotion.
Dispatchs effort to contact Officer Garcia was unsuccessful.

Officer Bonshire headed to 19th and Garner. Within seconds, there was a broadcast call
of 999which was an emergency call for help. Further radio broadcasts related that
shots were fired, officers were at the scene, and that Officer Garcia needed rescue.

Officer Chris Emon was standing by Officer Garcia, who was seated on the ground and
leaning against an electrical box. He was carried into Officer Bonshires patrol car.
Officer Garcia was not very responsive and bled heavily from an unknown location.

INTERVIEW OF OFFICER ERNIE LUNA

Officer Ernie Luna is an officer with the San Bernardino Police Department. He was
assigned to patrol, drove a marked patrol car, and was dressed in a police uniform.
There was a radio call that an officer needed help near 19th Street and Garner Avenue.
He knew that Officers Garcia and Pesquera were on a pedestrian check.

There was a broadcast that shots were fired and officers needed help. Officer Luna
arrived after the shooting ended. The shooter (ALVARADO) was laying on the ground
at the rear of a Toyota 4-Runner. He was moving and attempting to get onto his back.

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Officer Lunas first act was to assist Officer Garcia into a patrol car to be transported to
a hospital. Officer Luna then approached ALVARADO. Though he was handcuffed,
ALVARADO had the barrel of an AK-47 rifle in his hand. Officer Luna grabbed the
rifle and yelled at him to let it go. ALVARADO yelled fuck you and would not
release it. A green laser light on the rifle had been activated.

Officer Luna eventually gained possession of the rifle. There was a black duffle bag
near ALVARADO and a revolver near the other car (the Nissan).

An ambulance was called to treat ALVARADOS injuries.

INTERVIEW WITH WITNESS 1

On August 21, 2014, Witness 1 and Witness 2 met with JONATHAN CONTRERAS,
ALEX ALVARADO and two others at a pool club in San Bernardino. (The two others
were later determined to be GONZALO MEDINA and ORLANDO CRUZ.) Witness 2
and CONTRERAS are siblings.

MEDINA drove all six (in the Nissan) to a Wal-Mart to buy alcohol and dust spray.
There was a black bag in the car. Witness 1 initially said the bag belonged to
ALVARADO but then said it belonged to CONTRERAS. ALVARADO held onto the
bag on the way to Wal-Mart but CONTRERAS refused to leave it in the car to go inside
Wal-Mart. Witness 1 did not know what was inside the bag.

A police car drove-by at Wal-Mart. This prompted ALVARADO to say that he would
be willing to kill an officer. CRUZ said he had ALVARADOS back.

The group drove to Garner Avenue. They arrived after 1:00 am. Everyone exited the
car and started to drink alcohol. CRUZ and MEDINA went into a truck (the Toyota)
that was parked on the street to smoke. Witness 1, Witness 2, and CONTRERAS re-
entered MEDINAS car (the Nissan). Witness 1 snorted methamphetamine.
ALVARADO pulled out drugs and snorted one or two lines.

About 20 minutes after arriving at Garner Street, someone said, Theres a cop right
there. All the males disappeared. A police car pulled-up. Someone said, Its the
cops. Witness 1 saw one officer. She said to herself, Oh, my god theres a cop. This
isnt happening. I hate cops. The officers attention was directed to the males near the
truck, telling them to Get down. Put your hands behind your back.

CONTRERAS exited the Nissan and laid on the ground. MEDINA may have retrieved
something from the car. ALVARADO may have walked around the car.

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There was gunfire. The first shot came from near the truck. There were 3 shots, then
one shot from the officer, the officer yelled out to get down, more shots from the
truck, and then more gunfire afterwards. Witness 1 did not see a gun in anyones hand
but assumed ALVARADO was shooting due to his comment at Wal-Mart.

INTERVIEW OF WITNESS 2

Witness 2 initially gave conflicting statements. She said she and Witness 1 walked to
Garner Avenue to meet friends. In another version, she and Witness 1 met people at a
pool club, went to Wal-Mart, and then to Garner Avenue.

At Wal-Mart, a security guard drove by. ALVARADO and CRUZ made statements to
the effect of fuck the cops, but neither made a direct threat against an officer or guard.

At Garner Avenue, ALVARADO and CRUZ stood in the street while Witness 2,
Witness 1, MEDINA (who she calls Junior), and CONTRERAS were inside the
Nissan. People were drinking alcohol.

ALVARADO yelled the cops and threw a baggie of drugs to the ground. He pulled
out a rifle from his truck (the Toyota) and fired at an officer. Witness 1, Witness 2, and
CONTRERAS went to the ground. MEDINA grabbed somethingpossibly drugs
from inside the car and ran to the house. CRUZ was on the ground.

ALVARADO fell to the ground after being shot.

INTERVIEW OF JONATHAN CONTRERAS

Around 7:00 pm on August 21, 2014, JONATHAN CONTRERAS walked to GONZALO

MEDINAS home on Garner Avenue. ALEX ALVARADO and ORLANDO CRUZ
arrived afterward. ALVARADO came in a black truck (the Toyota). All four left in
MEDINAS car (the Nissan), ran errands, and went to a pool club in San Bernardino
about midnight. Witness 1 and Witness 2 met them at the pool club.

All six of them went to a Wal-Mart in MEDINAS car. ALVARADO, Witness 1 and
Witness 2 went inside while CONTRERAS stayed behind. CRUZ and MEDINA
stepped out of the car but may or may not have entered Wal-Mart.

ALVARADO had a black bag in the car that he asked CONTRERAS to look after.
ALVARADO said a rifle was in the bag. CONTRERAS was aware that ALVARADO
had another gun on his person which was shown to him earlier in the day.

From Wal-Mart, the group drove to Garner Avenue and parked on the west side of
Garner Avenue, facing north, adjacent to ALVARADOS truck. CONTRERAS was in

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the rear passenger seat. Witness 2 and Witness 1 were in or near the front passenger
seat. CRUZ, MEDINA and ALVARADO exited the car. CRUZ was on the other side of
the car near the drivers seat, ALVARADO was near the passenger side of his truck, and
MEDINAs location was unknown.

A short time later, someonemaybe MEDINAsaid, Its the cops. CONTRERAS

exited the car to look for the officers. A police car drove up and directed a spotlight
onto CONTRERAS face. Two officers exited the patrol car and one instructed
CONTRERAS to come here. The other officer walked towards ALVARADOS truck.
As CONTRERAS walked to the officer, the officer moved quickly and said, Here, you
come here. CONTRERAS assumed someone was running from the officers.

The officer pulled out a gun. A gun battle ensued between an officer and ALVARADO.
The first gunshot came from ALVARADOS truck. Both officers fired back. One officer
fired as he was walking towards ALVARADO while the other officer fired from nearby
the patrol car. An officer yelled, shots fired. CONTRERAS dropped to the ground.
From this position, he saw CRUZ on the other side of the car. ALVARADO was
shooting a handgun from the ground from the other side of his truck. Though
ALVARADO had a rifle, CONTRERAS did not see ALVARADO fire it.

Eventually the shooting stopped. CONTRERAS looked around and saw a black bag on
the ground nearby a foot-long firearm.

The only person CONTRERAS saw with a firearm was ALVARADO.

CONTRERAS claimed not to have any weapons. Officers found in his possession a
small folding pocket knife and a sharp pointed silver tool.

INTERVIEW WITH GONZALO MEDINA

GONZALO MEDINAS sister, Witness 4, lives at Residence 1 with her husband and
children. Her parents-in-law live at Residence 2.

On August 21, 2014, MEDINA waited outside Residence 1 to seek permission from his
brother-in-law to stay the night. MEDINA was with ALEX ALVARADO, ORLANDO
CRUZ, and JONATHAN CONTRERAS.

Later in the day, MEDINA, ALVARADO, CRUZ and CONTRERAS went to a pool club
and then to a Wal-Mart to purchase beer. MEDINA and ALVARADO went into Wal-
Mart while the others stayed in the car. From there, they drove back to Garner Avenue.

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At some point during the drive, CONTRERAS was in possession of a bowling bag.
MEDINA did not know what was inside the bag. Upon arriving at Garner Avenue,
ALVARADO moved the bag to his own truck.

ALVARADO yelled, cops. MEDINA ran to the house. From the front yard, he saw
ALVARADO shoot at the officers. ALVARADO went to the ground, got up, retrieved a
rifle from his car, and shot at the officers again. At some point, someone yelled Get
that motherfucker! MEDINA saw an officer fall to the ground after being shot.

MEDINA denied grabbing anything from a car before running. He admitted having
drugs, but continued to deny grabbing anything from a car prior to running in.

MEDINA believes that ALVARADO is mentally disturbed.

Drugs were located in Residence 1 in a location MEDINA described.

INTERVIEW OF ORLANDO CRUZ

On August 21, 2014, ORLANDO CRUZ was kicked out of his home. He walked to
Garner Avenue around noon to spend time with his friend, GONZALO MEDINA.
People came and went throughout the day. They drank alcohol and smoked marijuana.

That evening, CRUZ, MEDINA, ALEX ALVARADO and JONATHAN CONTRERAS

went to a pool club in MEDINAS car. They and two females, Witness 1 and Witness 2,
went to a Wal-Mart in MEDINAS car to buy alcohol. CRUZ, ALVARADO, MEDINA
and Witness 2 went inside Wal-Mart.

While at Wal-Mart, ALVARADO made a comment about beating up an officer. CRUZ

responded with Fuck that cop. Whatever. or He aint shit any way. CRUZ said this
to impress the females. CRUZ admitted to disliking officers.

After leaving Wal-Mart, ALVARADO fired a handgun out the open sunroof of the car.
ALVARADO also had a black bag in the car. CRUZ did not know what it contained.

MEDINA drove the group to Garner Avenue. ALVARADO moved the black bag to his
own car. CRUZ was drinking with one female while MEDINA drank with the other
female. CRUZ was drinking in between ALVARADOS and MEDINAS cars. CRUZ
had drunk a lot of alcohol and used methamphetamine. ALVARADO was by his car.
At one point, Witness 1 said to someone to give her back her shit.

Someone said, cops. An officer exited a patrol car and directed CRUZ to put his
hands up. CRUZ was unable to throw away a drug pipe in his sock. An officer said,
Dont fucking move and put your hands up. CRUZ did as he was instructed.

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ALVARADO did not comply. He pulled out something from his car and appeared to
walk away from the officers. He also appeared to pull his handgun from his pocket.
An officer yelled, Freeze. Get on the fucking floor.

Then there was gunfire. CRUZ did not know who fired the first shot but saw
ALVARADO fire a rifle at the officers. An officer ordered people to the ground. CRUZ
complied. ALVARADO moved around and may have shouted at someone to get a gun.

Additional officers arrived. Some kicked CRUZ in the head and threw him to the
ground. An officer was screaming, officer down.

A drug pipe was located on CRUZ.

INTERVIEW OF WITNESS 3

Witness 3 lives at Residence 1 with his wife, Witness 4, and four children, all 6 years-of-
age and under. His parents live next door at Residence 2. GONZALO MEDINA and
Witness 4 are siblings. MEDINA was kicked out of the house, but was occasionally
allowed to sleep there.

Witness 3 was awakened from his sleep by gunfire around 2:30 am. He looked outside.
The street was dark but there were lights from police cars. A street light was not turned
on. MEDINAS grey Nissan Maxima and a Toyota were parked in the street.

There were gunshots. Someone yelled officer down and drop your weapon.
Witness 4 went outside to stop the shooting. Witness 3 told her to get back inside. The
shooting lasted 4 to 5 minutes. Witness 3 thinks there were 30 or more gunshots.

When the shooting ended, Witness 3 exited his house and saw his father next door
being escorted out in handcuffs. Witness 3 was ordered back into his house by the
police. He went to check on his children.

It was at this time that Witness 3 saw MEDINA asleep on a couch inside the house.
MEDINA was not there when Witness 3 went to bed at 11:30 pm. MEDINA told
Witness 3 that he came inside the house a while ago, but that his friends were outside.
MEDINA did not say anything else about the shooting.

INTERVIEW OF WITNESS 4

Witness 4 lives at Residence 1 with her husband, Witness 3, and their four children, all 6
years-of-age or under. GONZALO MEDINA is her brother. MEDINA had been

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staying in the area since Monday4 days prior to the shooting. He did not have a key
to the house and stayed in his car that was parked on the street.

MEDINA was in front of the house drinking around 9:00 pm or 10:00 pm. He came
inside to eat and use the restroom. MEDINA said he intended to sleep that night at his
fathers house. Witness 4 went to sleep and assumed MEDINA went back outside.

Witness 4 was awakened from sleep by gunfire. She checked on her crying baby and
looked outside for MEDINA. She saw MEDINA asleep on the couch inside the house.
Witness 4 went out to the front of the house and yelled out to stop the shooting.
MEDINAS car and an older SUV were parked in front of her house. There were
muzzle flashes from the opposite side of the street. An officer told someone to Drop
the weapon! Drop the gun! and yelled officer down!

Witness 4 went back into the house at her husbands insistence. She went back outside
after the shooting stopped. Police officers were escorting out her in-laws from next
door. Officers ordered Witness 4 back into her home. She complied.

MEDINA said that he, CRUZ, CONTRERAS, two females, and the owner of the SUV
were outside drinking but he came inside prior to the shooting. MEDINA said the
owner of the SUV had been drinking all day, often carried guns, and was crazy.

Witness 4 knew that the older SUV parked outside her home belonged to a man who
lived nearby. He and MEDINA were outside of the house earlier in the day. He is
known as not being all there.

INTERVIEWS OF WITNESS 5 AND WITNESS 6

Witness 5 and Witness 6 are ORLANDO CRUZS parents. They live together with
family members and friends. CRUZ was home on August 21, 2014 with two male
friends, later determined to be JONATHAN CONTRERAS and ALEX ALVARADO.

ALVARADO arrived in a car resembling the Toyota 4-Runner at the scene of the
shooting. The three left. ALVARADO carried out a black bag which he previously
gave to CRUZ to hold. CRUZ returned later with another male known as Junior
(later determined to be GONZALO MEDINA) in a Toyota or Nissan. They later left.

INTERVIEW OF WITNESS 7

Witness 7 is ALVARADOS wife. They have been married for 6 years but have not been
living together due to a family dispute. They also lost their auto body business and
could not pay rent. ALVARADO has done occasional auto body work to make money.
ALVARADO has been living with friends since March 2014.

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Witness 7 has never known ALVARADO to possess a gun. She acknowledged
ALVARADO has been violent towards people, though not with her.

ALVARADOS Toyota SUV is registered to Witness 7.

INTERVIEW OF WITNESS 8

Witness 8 resides at Residence 3 in San Bernardino. He is Witness 2s boyfriend. For

about a month and a half, ALEX ALVARADO was allowed to live in the back room and
garage.

On August 18, 2014, ALVARADO had black bag in his truck. Witness 8 did not know
what was in the bag. Two days before the shooting, ALVARADO showed Witness 8 a
chrome revolver. Witness 8 saw ALVARADO with an AK-47 about a year earlier.

GONZALO MEDINA (who he calls Junior) owns the Nissan Maxima.

POST-INCIDENT FIREARMS INSPECTION

Officer Pesquera carried a 9 mm semiautomatic Glock handgun with tactical light

attachment. The magazine contained 11 rounds.

Officer Garcia carried a .40 caliber semiautomatic Glock handgun with a tactical light
attachment. There was one round in the chamber and 14 in the magazine.

The .38 Special is a 5-shot revolver. It had 1 live round and 4 expended casings in the
cylinder.

The AK-47 assault rifle had an overall length of 23 inches and had a laser sight. Two 30-
round magazines containing 59 live rounds were taped together and inserted into the
rifle. One expended round was in the chamber. The rifle sustained two bullet strikes
which appears to have disabled its operation.

INJURY TO OFFICER GABRIEL GARCIA

Officer Garcia suffered a gunshot injury to his head. He underwent surgery and, at the
time, his prognosis for survival was questionable. Officer Garcia survived. Though his
recovery is not complete, he works to improve every day.

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 CRIME SCENE DESCRIPTION

The crime scene is located in the 1900 block of North Garner Avenue in the city of San
Bernardino. The road extends north from 19th Street and dead-ends into a dirt cul-de-
sac. The road has no curbs and mostly consists of dirt, asphalt, and gravel.

There are four residences in that block. Residence 1 and Residence 2 are adjacent
single-family homes on the west side of the road. Residence 2 is situated north of
Residence 1. There is an electrical transformer box positioned in front of the homes and
just south of the property line. The electrical box had 3 bullet strikes to the east-facing
panel door with a westerly trajectory. The north and east sides of the block mostly
consists of vacant land used for illegal dumping.

The shooting occurred at about 2:00 am. The block was dimly illuminated by a
streetlight located south of both properties and by porch lights from both homes.
Officer Pesqueras patrol car added to the lighting.

A black, 2-door 1989 Toyota 4-Runner was parked facing south on the west side of
North Garner Avenue, just north of the electrical box. It sustained multiple bullet
strikes to the drivers side areas of the front fender, engine compartment hood, and
door. The strikes to the fender and hood had a southwesterly direction and the strike to
the door was westerly. A blanket covered the open window of the front passenger
door. The blanket had bullet holes. Two duffle bags were in the back of the Toyota.

On the ground just northwest of the Toyotas rear bumper was, among other things, an
empty black duffle bag and an AK-47 assault rifle. There was a green nylon pouch
nearby that contained several rifle cartridges, multiple .38 Special small arms cartridges,
and one .32 caliber cartridge.

A silver 1999, 4-door Nissan Maxima was parked along the west side of Garner Avenue,
immediately north of the Toyota, and faced north. The front passenger door was open.
On the trunk lid, roof, and hood were beer cans, a drinking glass, and articles of
clothing. There was a bullet strike to the rear window towards the drivers side, with a
northern trajectory. That bullet may have contacted the drivers seat headrest and
continued to the front panel of the dashboard.

There was a .38 Special revolver on the trunk of the Nissan.

The patrol car driven by Officers Pesquera and Garcia was parked on the east side of
North Garner Avenue, facing north, about 9 feet south of the Nissan. Behind it were
two police SUVs belonging to the School Police.

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Bullets, fragments, and 39 expended 9 mm cartridge casings were found in the roadway
in an area that extends across the south, east and north of the patrol cars belonging to
Officer Pesquera, Sergeant Land, and Officer Raya. Two empty 9 mm Glock magazines
were on the ground east of Officer Pesqueras patrol car. A fired bullet was on the
ground underneath the Toyota.

One expended .40 caliber cartridge casing was on the ground directly south of the
Toyota, along with several metal fragments and fired bullets.

There were multiple bullet strikes to structures at Residence 1 and Residence 2.

AUTOPSY PROTOCOL

ALVARADO was pronounced dead on August 22, 2014 at Arrowhead Regional

Medical Center. A fired cartridge casing was found in his right pocket. The casing was
similar to expended casings found in the .38 Special revolver recovered from the scene.

ALVARADO was 38 years-old, weighed 157 pounds, and measured 5 feet, 4 inches in
length. He had tattoos, including RLS on his abdomen, 666 on his right first toe,
and G on his left first toe.

ALVARADO suffered 13 gunshot wounds. Eight were entry wounds, 5 were exit
wounds, and 3 bullets remained in his body. There were entry wounds in the right
shoulder, chest, left shoulder, left hip, left knee, right knee, lower left leg, and lower
right leg. Trajectories for the wounds were front-to-back with the exception of the
wounds to the left shoulder and lower right leg. ALVARADO had lacerations on his
hand, wrist, head and face.

Toxicology results showed an ethanol level of 0.08%, methamphetamine level at 0.55

ml/L, and amphetamine level at 0.02 ml/L.

Cause of death was attributed to the gunshot wound to the chest.

ALVARADOS CRIMINAL HISTORY

1995Receiving stolen property, felony. (Pen. Code 496.) Sentenced to state prison.
2004Assault with deadly weapon and/or with force likely to produce great bodily
injury, felony. (Pen. Code 245(a).) Sentenced to probation; probation revoked;
sentenced to state prison.
2006Ex-felon in possession of firearm, felony. (Pen. Code 12021.) Sentenced to state
prison.
2007Driving with a blood alcohol level of 0.08% or higher, misdemeanor. (Veh. Code
23152(b).) Sentenced to probation.

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2009Driving while under the influence of alcohol, misdemeanor. (Veh. Code
23152(a).) Sentenced to probation.
2009Bench warrant issued by court for failure to appear in felony grand theft case.
Warrant recalled in 2016 due to death.

CRIMINAL PROSECUTION

CRUZ, MEDINA and CONTRERAS were charged by Information with two counts of
attempted murder of a peace officer and possession of an assault weapon. MEDINA
was also charged with possession of a firearm by a felon. The Information alleged
special allegations for gang and firearm activity. (San Bernardino Superior Court Case
Number FSB1404046.) Each pled guilty to assault on a peace officer with an assault
weapon and admitted a firearm allegation. Each was sentenced to 15 years in prison.

ALVARADO is deceased.

RELEVANT LEGAL PRINCIPLES

Penal Code section 69: Resisting or Deterring Officer

Every person who attempts, by means of any threat or violence, to deter or prevent an
executive officer from performing any duty imposed on such officer by law, or who
knowingly resists, by the use-of-force or violence, such officer, in the performance of his
duty is punishable [as a felony or misdemeanor].

Penal Code section 196: Killing in Performance of Official Duty Justifiable

Homicide is justifiable when committed by public officers . . . [] 2. When necessarily
committed in overcoming actual resistance to the execution of some legal process, or in
the discharge of any other legal duty . . . .

Penal Code section 197: Killing in Defense of Self or Property . . . .

Homicide is also justifiable . . . in any of the following cases: [] 1. When resisting any
attempt to murder any person, or to commit a felony, or to do some great bodily injury
upon any person; or, [] 2. When committed in defense of habitation, property, or
person, against one who manifestly intends or endeavors, by violence or surprise, to
commit a felony . . . ; or, [] 3. When committed in the lawful defense of such person .
. . , when there is reasonable ground to apprehend a design to commit a felony or to do
some great bodily injury, and imminent danger of such design being accomplished . . . .

Penal Code section 245(d): Assault with Firearm against Peace Officer
(1) Any person who commits an assault with a firearm upon the person of a peace
officer or firefighter, and who knows or reasonably should know that the victim is a
peace officer or firefighter engaged in the performance of his or her duties, when the
peace officer or firefighter is engaged in the performance of his or her duties . . . . []

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(3) Any person who commits an assault with . . . an assault weapon . . . upon the person
of a peace officer or firefighter, and who knows or reasonably should know that the
victim is a peace officer or firefighter engaged in the performance of his or her duties . . .

Penal Code section 664(e): Attempted Murder of Peace Officer

Every person who attempts to commit any crime, but fails, or is prevented or
intercepted in its perpetration, shall be punished where no provision is made by law for
the punishment of those attempts, as follows:

(e) . . . if attempted murder is committed upon a peace officer or firefighter . . . and the
person who commits the offense knows or reasonably should know that the victim is a
peace officer . . . engaged in the performance of his or her duties, the person guilty of
the attempt shall be punished by imprisonment in the state prison for life with the
possibility of parole.

This subdivision shall apply if it is proven that a direct but ineffectual act was
committed by one person toward killing another human being and the person
committing the act harbored express malice aforethought, namely, a specific intent to
unlawfully kill another human being. The Legislature finds and declares that this
paragraph is declaratory of existing law.

CALCRIM 505: Justifiable Homicide: Self-Defense and Defense of Others (Excerpts w/

modifications)
[Self Defense or Defense of Another is permitted] if: [] 1. [A person] reasonably
believed that he or someone else was in imminent danger of being killed or suffering
great bodily injury; [] 2. The [person] reasonably believed that the immediate use of
deadly force was necessary to defend against that danger; and [] 3. The [person] used
no more force than was reasonably necessary to defend against that danger.

ANALYSIS

Peace officers protect and preserve the peace so that members of the public can feel safe
on the streets and find peace in their homes. Investigation and prevention of crime is
but one key police function. They perform a community caretaking function. They
conduct welfare checks. When the public needs help, they always call the cops.

Their ubiquity results in extensive contact with the public. No doubt this is a rewarding
experience. But it is also fraught with risk. Any single person can pose grave danger.
On August 22, 2014, two brave officers came face-to-face with that danger.

Officers Garcia and Pesquera were on patrol. They observed a suspicious scene
people around what appeared to be a Honda with its hood raised while in the middle of

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the night. Two people seemed to hover over an open hood, possibly removing things.
Hondas are known to have a high theft rate.

As any proactive peace officer should do, Officers Garcia and Pesquera took the
initiative to investigate their suspicion. The officers parked, exited, and approached the
individuals; guns were not drawn; there was no display of anger or violence. There
was a suspicion that the officers sought to peacefully resolve.

ALVARADO disliked officers. He made negative comments against officers that night.
His comments threatened their safety. By every account, ALVARADOS actions were
unprovoked: he walked away from the officers, walked to his Toyota truck, retrieved
an assault rifle, drew a handgun, and deliberately fired at Officers Garcia and Pesquera.

Officer Garcia discharged one round in defense of himself and his trainee partner,
Officer Pesquera. Unfortunately, he was struck in the head and left defenseless.
ALVARADO then fired at Officer Pesquera. Officer Pesquera, completely exposed,
stood and fired back. Over the next few minutes, the two engaged in a gun battle.
Those few minutes gave ALVARADO an opportunity to surrender. Instead, he
continued to fire at Officer Pesquera.

ALVARADO was shot and fell to the ground. As Officer Pesquera approached,
ALVARADO raised his gun. After ALVARADO was handcuffed, he fought with
Officer Luna for the AK-47 rifle. Even as ALVARADO lay on the ground, he was
determined to kill the officers.

ALVARADOS actions constituted a willful, deliberate and premeditated attempt to

murder two peace officers. Officers Garcia and Pesquera had no choice but to discharge
their guns. They were under attack from a person determined to kill them. The
officers actions were completely justified as self-defense and defense-of-others.

CONCLUSION

Officer Gabriel Garcia and Officer Marcus Pesquera acted lawfully in shooting
ALVARADO. ALVARADO was the initial aggressor in a deadly, unprovoked and
surprise attack on peace officers. His determination to kill the officers was manifest in
words and actions before, during and even after the shooting. Officer Garcia is the
proof that cannot be disputed. Thus, the officers were confronted with a clear and
present danger to their lives that could only be stopped by use of deadly force.

Training, clear-thinking, and courage were the foundations through which Officers
Garcia and Pesquera survivedthough not without scars. Officer Garcia suffered a
serious head injury from which recovery has been slow. But his scar is a reminder not
of disability but of heroism and exceptionalism by two brave officers.

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ALVARADO is deceased. CRUZ, CONTRERAS and MEDINA acknowledged guilt by
their guilty pleas and 15-year sentences.

It is the conclusion of the District Attorneys Office that Officer Gabriel Garcia and
Officer Marcus Pesquera acted in complete self-defense and defense-of-others. No
charges will be filed against them.

___________________________________ ________________________
Mary Ashley Date
Assistant District Attorney

___________________________________ ________________________
Simon Umscheid Date
Chief Deputy District Attorney
Central Division

_____________________________ ________________________
William Lee Date
Supervising Deputy District Attorney
Specialized Units

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