HomeMy WebLinkAboutExhibit 42EXHIBIT No. 42
December 1, 2007 to February 3, 2008 Arrest and Incident Reports
Fury Revocation Hearing February 21, 2008
115
♦VPORT BEACH POLICE DEPARTME,
ARREST REPORT
Location of Arrest
RD
DatefTime Arrested
DR Number
4221 Dolphin Striker Way
I
34
12 -1 -2007 0140.,
07- 12569•
Connecting Reports by Type and DR Number
Videotape of Arrest
Videotape #
® Yes ❑ No
DVO25016
Reportable Use of Force: ❑ Yes ® No
Do Charges or Subsequent Charges Involve 646.9 P.C. (Stalking) ?
I ❑ Yes ® No
If yes, you are required to complete the Notice of Release on Ball Stalkirtig
646.93(a) PC NBPD Form # 5.22 (Located in the NSPD Jail)
Arrestee's Name -#1 First
Middle
OC#
I
�3
4
Charge (Section, Code & Definition)
R
6470 PC - Public Intoxication Disorderly Conduct
EArrestee's
Name 42 Last First
I Middle
OC#
$'
1
T
Charge (Section, Code & Definition)
I -
E
E
Arrestee's Name 43 Last First
Middle
OC#
Charge (Section, Code & Definition)
I
1
'..
Witness #1
DOB
Age
Res. Phone
Bus. Phone
Officer J. Pallas #1084
Address
City
State Zip
NBPD
I
W
Witness #2
DOB
Age Res. Phone
Bus. Phone
.1
a�■i.�r
• ��
�■■�
N
Address
City
State
Zip
E
�'
s
$
Witness #3
DOB
Age
Res. Phone
Bus. Phone
$
S
Address
City I
State
zip
$ -
Newport
Beach
CA.
92663
Arrested By (Private Person)
DOB I
Age
Ras. Phone
Bus. Phone
Address
city I
State
Zip
Describe Circumstances Leading to Arrest; Include Elements of Offenses; Note Nature
of Evidence and Location Deposited:
On 12 -1 -2007, at approximately 0140 hours my partner Officer J.
Pallas #1084 and i responded to 4221 Dolphin Striker (The
Fury) reference a radio call of a fight taking place. When I arrivedlon
scene I observed Wit 2 and Wit 3 laying on top of the
Defendant in order to detain him. Wits 2 and 3 stated that the Defendant
had assaulted Wit 2 during a confrontation inside of
the establishment. I detained the Defendant for further investigation.
As 1 attempted to speak with the Defendant, 1 could smell
a strong odor of an alcoholic beverage emanating from his breath land
person. His eyes were watery and bloodshot and his
speech was slurred. The Defendant was intoxicated and was unable
to effectively communicate with me:
Alcohol Involved? 0 Yes 0 No Location: The Fury
Supervisor ving
I No.
Arresting Officer
ID No.
Vacation Period
Datemme Repthduced
Clerk
R Stucken
1338
NUFU Fg C., (tt . 1l 1 AI l
�a�
,WPORT BEACH
CE DEPARTME. _
n Sheet
t3aoking No. DR Number
2 Arrest Report _ .f 07 -12569
The Defendant could not sit up without losing his balance and
any injuries and did not require any medical attention.
appeared to be very confused. The Defendant did not have
Based on the totality of the circumstances, I formed the opinion �hat`was unable to care for himself and the safety of
others. I arrested him for 647(f) PC, Public Intoxication - Disorderly Conduct. He was transported to NBPD Jail by Officer
Bbder #1060 and he was booked for the above mentioned charge.
Wits 2 and 3 did not desire a report for the assault nor any criminal prosecution.
r wr•�••••a lu no. (Reporting Officer(s) ID No.
o
�
� q7 / R. Stucken 1338
NBPO Fmn9.15 (I W. SBB) / I _ l /X,
1 V
NPORT BEACH POLICE DEPARTME.
DUI ARREST REPORT
Location of Arrest
RD
Dale/Time Arrested
DR Number
4220 Scott Place
34
12/812007 0035
07 -12813
Connecting Reports by Type and DR#
Reportable Use of Force:
Videotape of Arrest
Videotape #
Vehicle
❑ Yes 0 No
® Yes ❑ No
4195
A_
Arrestee's Last Name - t First Middle
OC #
R`
,
R,
Charge (Section, Code, Definition)
E
23152(a) VC - Misd DUI
' T_`
Arrestee's Last Name - 2 First Middle
OC #
E
SCharge
(Section, Code, Definition)
W
Witness Name - 1
DOB Age Res. Phone
BUS. Phone
I
T
State Zip -
Address
City
N4221
Dolphin Striker
Newport Beach
CA 92660
S
Witness Name - 2
DOB 'Age Res. Phone
Bus. Phone
S
E .
Address
City
State Zip
Initial Observations
While working uniformed patrol I monitored a radio broadcast of a possible DUI driver leaving the "Fury" nightclub. The vehicle
was described as a � Nck -up - license #_ As I drove E/B on Corinthian Way I observed a silver
pick -up N/B on Martingale preparing to make a right turn onto Corinthian. As I passed by the vehicle I pulled over to
allow it to pass by me so I could check the license plate number. As 1 pulled over the vehicle changed directions and made a
left turn onto W/B Corinthian, opposite my direction. I made a U4um and pulled in behind the vehicle
noted the registration expired 6/2007 (violation 4000(a)(1) VC).
What Have You Been Drinking?
How Much?
Where?
When Start?
When Stop?
beer
2
Bar -Fury
8:00 pm
10:00 pm
Do You Feel The Effects of the Alcohol? If Yes, Describe:
What Time is it?
Actual Time
no
1:00
0023
Where Are You Now? Actual Location
Where Are You Going?
Bushard/ MacArthur - Irvine 4220 Scott Place
When Did You Last Eat? What?
How Much Sleep In Last 24 Kra?
8:00 pm Sushi
12 hours
Are You Sick, Injured or Have Physicial Impairments? If Yes, Describe:
Diabetic or Epileptic?
Do You Take Insulin?
no
no
no
Are You Currently Under the Care of a Doctor or Dentist? If Yes, Describe:
Using Medicine or Drugs? If Yes, Describe:
no
no
Are There any Mechanical Problems With This Vehicle? If Yes, Describe:
no
/C involved, ask the following questions:
Were you driving the vehicle? If no, who was?
❑ Yes ❑ No ❑ N/A
Did you bump your head? Have you been drinking since the acadent7
What?
How much?
❑ Yes ❑ No ❑ Yes ❑ No ❑ NIA
rvnru rwm a. �.z rnay. owl out Aaest Report
W
XFORT BEACH POLICE AEPARTME,
Continuation Sheet
3 1 DUI Arrest Report 1 1 07 -12813
I followed the vehicle SIB onto Scott Place and activated my overhead emergency lights. The vehicle yielded in front of 4220
Scott Place.
I contacted the driver and sole occupant, Deft' had the strong odor of an alcoholic beverage on his
person. 1 had him exit the vehicle to evaluate his condition. I notedi had the listed objective symptoms of alcohol
intoxication. He stated he only had two beers. As he exited the vehicle I noted the back of his shirt was torn as if he had been
in an altercation. goo denied anything happened and didn't know his shirt was tom. He stated he was coming from the
"Fury" nightclub.
I gaveignMn SFST and determined he was too impaired to safely operate a motor vehicle. I arrested him for 23152(a)
VC - Misd DUI. At the time of his arrest JAM agreed to take a breath test. Officer Card transported a PST device to my
location while I maintained continuous observation of_ n the rear seat of my patrol unit. I administered the breath
test and obtained SAC samples of .17% and .17 %. 1 gave � a Trombetta advisal and he declined the offer to provide
any other samples.
Officer Hoo transported �fo NBPD Jail for booking. His vehicle was stored at G &W Towing.
I responded to the °Fury" nightclub and spoke with wit is an employee of "Fury "S told me he
was the person who made the call to NBPD. aid a male subject was involved in an altercation inside the club and
was removed. The Subject appeared to be intoxicated-and got into the silver truck- was concerned
the subject may drive while being under the influence and called NBPD. The subject exited the vehicle a�ll called
NBPD on his cellular phone. The male got back into the vehicle and drove away as _ provided NBPD dispatch with a
description and the license plate number. As I spoke with =No noted several available taxicabs in the club parking lot
waiting for fares.
M. Montero 893
NER Evidential Test Result I'MENT
Ci
Eage,NoTYP9,0,1Rep,ort
Tgsttng Instrument
nodal: n5 -IV XL v 1.11
Serial Number:049928
era ar
Badge i IO 893
Name: NARIO NONTERO
Oepertment: . Will
Violation
County: ORANGE
city: NEWPORT BEAM
Uio latlon Code: 23152A
Test Suhect
Lfcense No:
Test Number 01453 (Auto)
Bata: 12/8/07
Time: 00:53
Blank: .80
Result: .17
Temperature: 25 C
Volume: 02.0 L
Duration: 03.3 S
Jest Number 01454 (Auto)
Date: 12/8/9?
Time: 00:56
Blank: .00
Result: .17
Temperature: 23 C
Volume: 02.0 L
Duration: 93.2 S
Initial to Indicate
at Least 15 ninute 3
Continuous Observation OUd
Ansuer to Step 13 Question: NO
Comments;
/r"I . M,, )"C" 8�4s
Operator Signature
Date r � Time G /ad
Sub.lect Right Thumbprint:
ET
W nu. r . g l ) ID No.
vb \
ri'PORT BEACH POLICE DEPARTME.
° TELEPHONIC ° BRIEFING Preliminary Investigation of: DR No .
p CPI ° V"` RESIST/DETER POLICE OFFICER 07 -13047
Location of Occurrence
RD
Date & Time Reported to PD
Connected Reports - Type & DR
Newport PL /Macarthur
34
12 -15 -2007 0134
Arrest, T /C, Supplemental
Occurred On Or Between:
Month / Day / Year
Day
Time
Month / Day/ Year
Day
Time
112-15-2007
Saturday
0134
&
12 -15 -2007
Saturday
0142
Reportable Use of Force: 0 Yes ❑ No
Stolen / Lost
Recovered
Est.Dam. ArsonlVandalism
$ WA
$ N/A
R NIA
Last Name (Firm name If business) First Name Middle DOB
Age
ex Desc
Hgt
Wgt
Hair
Eyes
Ofc. D. Maisano
I
I
I
I
Residence Address
City
State
ZIP
Res. Phone
V
Business Address
City
State
Zip
Bus. Phone
C NBPD
949 -644 -3717
T Victim's Occupation
I
Victm's Condit on
Veh. Lie. No. State
Year
Make
Model
Coior(s)
M
Notifications- Persons & Division lt�
vised of Confidentiality Provisions Per 293 PC? O Yes ® No
Victim Desires Confidentiality? O Yes ® No
Domestic Violence Related? O Yes O No
Gang Related? O Yes ® No
Hate Crime? O Yes ® No Alcohol Related?
Weapon Involved? O Yes ® No
Weapon Involved? O Yes ® No
I Weapon Involved? O Yes ® No I O Yes O No
Name If Known - Booking No. & Charge If Arrested test Addlsonal suspects In Nenative)
D013 I Age Sex I Desc I Hgt. I Wgt.,l Hair I Eyes
w VdHerperceeffiw. 219(b)PC- baserena,eftsdnw.
Address City State Zip Res. Phone Bus. Phone
SPersonal Oddities (Unusual Features, Scars, Tattoos, Etc) Type of Weapon Myears.F-aroe,Sirnund Gun, Etc) If Knife orGun, Describe:
P N/V Bodily fluid, spit
E Clothing - Additional Descriptors
Additional Suspects? O Yes
,C
(Liston Page 2) 0 N
T
Veh. Lic. No. State
Year Make Model Type Color(s)
Iii s
s �� >_r �
Inside Colors) Modifications
Damage - Additional Daze.
UNK UNK
In
: VX is Wi ess
Pgg,, PfeNfR
ode
Name
Residence Address
City
State
Zip
W
Ofc. J. Sander #309, Irvine Pd
DOB Age Sex
Business Address (include Zip Code)
Bus. Phone
Res. Phone
Irvine Police Department
949- 724 -7000
de
Name
Residence Address
City
State
Zip
W
Ofc. T. Cooper Smith #1350
DOB
Age
Sax
Business Address (include ZIP Code)
Bus. Phone
Res. Phone
NBPD
949 -644 -3717
.O. - SPECIFIC DA UNUSUAL ACTIDIJS T1N7 MAY TEND TO IDENnFY THIS SUSP. (Use 19YBRa side kredd9uid nrrarw. d Burg: O Force ❑ No.Force
REEEBSnARREST REPORLSAME_DR# E R D TAILS.
Su r rovi ID No.
Investigating Officer(s) ID No. Signature
of Reporting Person
i
D. Maisano 1324
Da Re ced
IAPDF J.t(R -12 ) efte RepW
N NPORT BEACH POLICE DEPARTMEf.
DUI ARREST REPORT
Location of Arrest R
RD D
Date /time Arrested D
DR Number
Newpor; PI. /MacArthur 3
34 1
12 -15 -2007 0138 0
07 -13047
Connecting Reports by Type and DR# R
Reportable Use of Force: V
Videotape of Arrest V
Videotape #
Crime, T /C, Supplemental (Irvine PD DR#.07- 18861) ®
® Yes ❑ No ®
® Yes 0 No D
DVO07569
A A
Arrestee's Last Name - 1 First M
Middle OC #
R
R C
Charge (Section, Code, Definition)
E 6
69 PC - RESIST/DETER POLICE OFFICER
S
Arrestee's Last Name - 2 First M
Middle O
OC #
E
ElT A
Charge (Section, Code, Definition)
WWitness N
Name - 1 D
DOB A
Age R
Res. Phone B
Bus.'Phons
I O
Ofd. J. Sanders #309 - Irvine PD 9
949 - 724 -7000
T- A
Address C
City S
State Z
Zip
EOne C
Civic Center Plaza I
Irvine C
CA 9
92523
S W
Witness Name - 2 D
DOB A
Age R
Res. Phone B
Bus. Phone
S O
Ofc, T. Cooper Smith #1350
E A
Address C
City S
State Z
Z p
NBPD
Initial Observations
REFER TO PAGE THREE FOR NARRATIVE.
What Have You Been Drinking? H
How Much1 W
Where? W
When Start? W
When Stop?
AM W ater(alcohok beverage) 2
2 F
Fury Club 0
0000 hrs 0
0100 hrs
Do You Feel The Effects of the Alcohol? If Yes, Describe: W
What Time is it? A
Actual Time
Somewhat, "Good and Light headed" 0
0200 hrs 0
0230 his
Where Are You Now? A
Actual Location W
Where Are You Going?
Corona, Ca N
Newport Beach N
Newport Beads
When Did You Last Eat? W
What? H
How Much Sleep in Last 24 Hrs?
0237 hrs S
Sushi 2
2 hours
Are You Sick. Injured or Have Physicist Impairments? H Yes, Describe: D
Diabetic or Epileptic? D
Do You Take Insulin?
No sir I'm not N
Nope N
Nope
Are You Currently Under the Care of a Doctor or Dentist? If Yes, Describe: U
Using Medicine or Drugs? If Yes, Describe:
No A
Advil when I have a headache
Are There any Mechanical Problems With This Vehicle? If Yes, Describe:
Hot wire because it does not start
if T/C involved, ask the following questions:
Were you driving the vehicle? I
If no, who was?
0 Yes 0 No 0 WA L
LINK
Did you bump your head? H
Have you been drinking since the accident? W
What? H
How much?
0 Yes ® No 0
0 Yes 0 No 0 N/A
out Arrest Report
133
NbvVPORT BEACH POLICE DEPARTMEN
Continuation Sheet
3 DUI Arrest Report 1 107 -13047
On 12 -15 -2007 at approx. 0134 hrs., I was working uniform patrol in a marked police vehicle for the City of Newport Beach,
County of Orange. I was in the area of Newport PI. /MacArthur with an Irvine PD unit, when 1 observed a
pickup truck turn n/b onto incoming traffic on MacArthur. The truck then collided head on with a silved four door
stopped at the sib light of MacArthur /Newport PI. The black pick up truck then backed up and attempted to Flee the scene
traveling n/b MacArthur. I entered my patrol vehicle and followed the vehicle n/b MacArthur. While following the vehicle, I
attempted to initiate a vehicle stop utilizing my solid and alternating over head red and blue lights. The vehicle then yielded on
MacArthur north of Newport. Pl. I approached the vehicle along with Ofc. J. Sanders #309, Irvine PD. I clearly observed there
to be two male occupants inside the vehicle.
I ordered the occupants of the vehicle to place their hands outside the vehicle where they could be seen by officers. Both
occupants complied with my order and put their hands out of each designated front windows. While I waited for backup
officers to arrive at my location 1 had verbal contact with the driver of the vehicle Deft. vas verbally
aggressive and agitated. 4tated several times, "Fuck you, I fucking hate you guys." I told • to calm down and we
would discuss the situation when officers figured out what had actually occurred. At this point Ofc. R. Henry #1157 and Ofc. T.
Cooper Smith #1350 arrived at the location to assist me.
I asked_ to exit the vehicle, with his hands in the air, so they could be seen by myself and other officers. stated
"Fuck you, I fucking hate you" I again askeds in a calm manner to exit the vehicle, J�again stated "Fuck you" 1
determines' ! was being uncooperative, he was defensively resisting my authority and direction given by my verbal cues
and his statements of noncompliance. At this point I determined my verbal cues were ineffective and I needed to use a
different approach in gettings to exit the vehicle._ attempted to pull his hands and arms back inside the vehicle.
In order to keeps tom pulling his hands inside the vehicle and me losing sight of what as nay reach for inside the
vehicle, I grabbed i left wrist with my right hand. I used both my right and left hand to apply a joint manipulation in
order to gain compliance from . 1 continued to hold the joint manipulation while Ofc. T. Cooper Smith #1350 entered
the passenger side of the vehicle. When I observed Ofc. T. Cooper Smith to have a grasp ofs I released the joint
manipulation on4MM Waist. I then proceeded to the passenger side of the vehicle to assist Ofc. T. Cooper Smith.
When I came around to the passenger side of the vehicle I observed Ofc. T. Cooper Smith struggling to pull the resistive
from the vehicle. I observed to be resistively pulling away from the grasps of Ofc. T. Cooper Smith. In an
attempt to gain control of_ l grabbess by the right wrist and pulleds from the inside of the vehicle
Ofc. T. Cooper Smith, and I immediately went to the ground outside of_ /ehicle. I placed my knee on_ back
and used my body weight to gain control of! body movements. While on the ground- onttnued to be verbally
noncompliant and he was physically pulling away from officers in an attempt to resist or delay his arrest. While on the ground
attempting to control body movements I was unable to access any other tools on my duty belt in order to use them to
effect his,arrest.
With the assistance of Irvine PD Ofc. Sanders, Ofc. T. Cooper Smith, and myself we were able to gain physical control of
�rms. Ofd. T. Cooper Smith was able to effectively place handcuffs ons and we were able to control his
resistive movements. Ofc. T. Cooper Smith and I conducted a brief cursory search ofdW for any type of illegal weapons,
the search turned up negative. Ofc. T. Cooper Smith and I stood p using a firm grip and escorted him toward a police
vehicle to the rear of us.
C7D f D. Maisano 1324
-\M
N.4PORT BEACH POLICE DEPARTMEN
Continuation Sheet
4 1 DUI Arrest Report
07 -13047
While waikingsin an escort position toward one of the police vehicie� turned in my direction, stated "Fuck you,"
and spat in my face, violation 243(b) PC - battery on a police officer. I grabbed by the left wrist and bicep and pushed
him to the ground using my body weight. I puts in a face down position, on the grass, so that he could no longer spit at
any other officers. I placed my knee on l back and used my body weight in order to control his physically resistive
body movements. I was able to gain physical control over movements and verbally de-escalated -
assaultiveness. I was able to lift✓- to a standing position with the assistance of Ofc. M. Fletcher #1297. Ofc. Fletcher
and 1 used An escort positions to escort to a nearby police vehicle.
Based upon d physical and verbal assauitiveness I request the charge of 69 PC - Resist/Deter a police officer, be flied.
was seated inside of a police vehicle where he was contacted by Ofc. M. Fitzpatrick #1181. 1 stood in close proximity
to Ofc. Fitzpatrick andl while Ofc. Fitzpatrick readihis Miranda Rights per NBPD form 5.11. When asked if he
understood his right stated, "Yes sir ...Yes sir ... Yes sir ... Yes sir." Ofc. Fitzpatrick then asked questions in
reference the traffic collision, refer to Ofc. Fitzpatrick's TIC report, same DR #, for further details.
Due to_ aggressive and assaultive actions he was transported_o NBPD jail. I observeddto have slow
slurred speech, red watery eyes, and his breath and person smelled of the odor of an alcoholic beverage. I delayed the field
sobriety exams and conducted it in the NBPD sally port. The field sobriety exam was conducted on a well lit flat concrete
surface inside the sally port. I positlonedd 10 my unit's MVS camera recorded the entire field sobriety exam. The
following narrative is a summary of my observations of�. it should be noted I instructedi to not begin any of the
exams until I instructed him to do so. He started several of the exams prior to my instructions to do so.
Rhomberg Stance (Balance Eyes Closed): He had moderate sway from front to back and right to left. He estimated one
minute and four seconds during the thirty second interval. I had to instructiseveral times to not begin the test until
instructed to._ attempted the test several times prior to me completing the instruction and demonstration.
Walk and Turn: He was unable to maintain his balance in the starting position, with his right heel and left toe touching. During
the first nine steps he did not walk heel to tod stepped off line on steps three, four, six, and seven then
recounted steps six, seven, and eight. In total 4FJVWk twelve steps instead of the nine instructed steps. He lost his
balance and had to regain it by stopping the test. He had to raise his arms from his side in order to maintain his balance.
During the first nine stepstmade a spontaneous statement of, "I should not be driving.' During the second nine steps
he did not walk heel to toe. He stepped off line on steps two through seven and nine. He lost his balance and had to regain
it by stopping the test. I_ once again had to raise his arms from his side in order to maintain his balance. On his turn
from his first nine steps to his second nine steps— had to use the west wall of the sally port to keep himself upright so he
would not fall.
One leg stance: He started by lifting his right leg. He used his arms to maintain his balance, while raising his foot. While
raising his right foot he was unable to maintain his balance and had to place his foot down several times. There were several
times where Ofc. D. Kresge #1046 had to stand behind Iftso he would not fall from losing his balance. When raising his
left foot he was unable to maintain his balance and had to raise his arms from his side in order to maintain his balance. Due
to _ instability and for his own safety, I decided to stop the test to prevent any injury to dif he might have lost his
balance and fallen to the ground.
superv�/ i1 S V ID No. IRD. Maisano 1324
I
NBPD Fpm 116SRSV. ]-eeJ � 5`
1��
Nj,4PORT BEACH POLICE DEPARTMEN.
Continuation Sheet
5 1 DUI Arrest Report 1 107-13047
Finger to Nose: He continuously touched to the left side of his nose with his left index finger. He also would touch underneath
his nose and touch his mouth area. He would also touch the right side of his nose with his right index finger. He also would
touch underneath his nose and touch his mouth area was unable to touch the tip of his nose per the instructions.
_ failed to maintain the position of his head tilted all the back as if he was looking at the sky. I had to instruct to
keep his eyes closed. 1 also had to instruct_ to bring his arms back down to the starting position after he was instructed
to touch his nose.
Based upon his performance on the field sobriety examinations, statements, and my observation of the traffic
collision, I concluded he was under the influence of alcohol and could not operate a motor vehicle in a safe manner.
was advised he was also being charged with 23152(a) CVC Misd. Driving Under the Influence. (AIMIso stated he was
unaware of the traffic collision in which he was involved. While at NBPD jail'Nooluntarily submitted to a breath test to
determine his blood alcohol level. On 12 -15 -2007 at approximately 0307 hours 111MIew a blood alcohol level of .19%.
On the same date at approximately 0310 hours he blew a second blood alcohol level of .17 %, see the attached print out for
further details.
During the altercation with officerstsustained several small abrasions to the left side of his forehead and eye area.
was transported from NBPD jail to Hoag ER where he was treated by Dr. McCormick. Dr. McCormick stated IMI
only sustained multiple abrasions to his left forehead and "TMJ area." Dr. McCormick also stated the abrasion did not affect
the eye and there were only scratches to his face-IMI was medically cleared for booking and released to me, refer to
attached medical document for further details. While at Hoag ER Sgt. G. Lowe #899 responded to the location and took five
digital images of �njuries. The media card was turned into NBPD CSI for processing. I did not observe _ to
have any other visible injuries, nor did he complain of pain in any other areas,
was transported back to NBPD jail and booked without incident. vehicle was towed from the scene by Harbor
Tow, refer to vehicle report, same DR #, for further details.
D. Maisano 1324
N.•WPORT BEACH POLICE DEPARTMEN
L, :_. _..
----',!'..Ion Sheet
ype of Report
AlcoSensor IV
I
DUI AITOSt Report
@ Point of Ames!
v
INTaXIMETENS, INC.
1
tMRiwa,mrtsaN
—
E,uldential Test Result
I Testing Instrument I
Nodel: AS -IV XL v 1,11
Serial Number:(5t923
1 1
' Operator I
'
Badge / iD N: 1329 ?
- Name: DENNIS J HAISANO .1o)
a DeparlmFnt: NBPD
Violation I
County: ORRHUE
,
'Citg: NEWPORT BEACH
Violation Code: 231520) CUC
Test Subect
I j1 1
I
Liren9e No:
T,nt Number 81509 (Auto), i
Date: 12/15/07
Time:.. 03:07
Blank: - .00
Result: 19
1
Tenmerature: 20 C
' Volume: 02.5 L
- Duration: 02.7 5
1 Te;•1. Number 01585 YAuto)
Date: 1215,07
r -
Time; 83:18
1V
Blank: .00
Result: .17
..
' Temperature: 21 C ;
- --
- - -�-- Volume: 81.8 L
"uurat l on: 02.0 S
in Tndicate
-
n1 10890 iS NiNlte
T'nni inunirs nhsmruatlal
,'r •• -.,r to Step 13 Guest n: NO
I
Comments:
inr ?iguar.nre
Aa tc 12- 1$ -O-7 Tine 0400
' 'srt Right Thumbprint:
\h l
i
1
\h l
N -WPORT BEACH POLICE DEPARTMEN
SUPPLEMENTAL REPORT - FIELD
j
Date/Time of Report
Type of Original Report DR
Number
12 -15 -07 0130
Arrest
07 -130
Date of Original Occurrence
Location of Original Occurrence RD
of Occurrence
12 -15 -2007
'Mac Arthur Blvd, I Newport Pl.
34
>V� Victim's last Name (Finn Name if Business) First Middle DOB
Age
gal
. C' Address City
I
State Zip Res. Phone
Bus. Phone
T
CA
DOB Age
:;: Person Reporting Last Name First Middle
R
P Address City
State
Zip
Res. Phone
Bus. Phone
xs Name if Known, Booking No. & Charge if Arrested
DOB
Age
Sex
Desc
Hgt
Wgt
Hair
Eyes
U<
S, Address
City
State
Zip
Res. Phone
Bus. Phone
E
.C. Personal Oddities (Unusal Features, Scars, Tattoos, Etc.)
Weapon (Describe Fully)
T
# . Clothing
1
S.' Name if Known, Booking No. & Charge if Arrested
DOB
Age
Sex
Desc
Hgt
Wgt
Hair
Eyes
�U
,�S; Address
City
State
Zip Res.
Phone Bus. Phone
tP.
FEr.
aC` Personal Oddities (Unusal Features, Scars, Tattoos, Etc.)
Weapon (Describe Fully)
,T
#> Clothing
`2:
Veh. Lie. No. State Year Make Model Type Color(s)
0 Vict CA PU Blk
H' ® Sus Inside Color Body Modification Body Damage
(t) Adddional Information Reported. (2) If Property Involved, Itemize, Describe and Show Value, Listing As Serial Numbers.
On 12 -15 -07 at about 0130 hours, Officer Maisano advised via the radio there was an injury traffic collision at MacAurthur
and Newport PI. Officer Henry and 1 responded code three. While an route to the location, Officer Maisano advised the
suspect vehicle was attempting to flee the location in aloWFord F150. 1 arrived on scene and saw Officer Maisano's unit
North of the intersection behind the suspect vehicle. I heard Officer Maisano giving orders to the suspect driver. I saw two
Irvine Officers standing on the passenger side of the suspect vehicle.
1 advised Officer Maisano 1 was behind him. Officer Maisano ordered the driver, later identified as Ito exit the vehicle.
was mumbling as he responded to Officer Maisano. I was not able to determine whatqJJW was saying. Officer
Maisano continued to ordert�to exit the vehicle, but he refused.
upe r pro ' ID No.
Reporting Officer(s) ID No.
T. Cooper smith 1350
Person Reporting (Signature)
Dat i e ReproducedfDist Clerk
dim
NBPO F. 3.17 (R , iL )
Supplemental Report - Field
NEWPORT BEACH POLICE DEPARTMEN.
Page No.
Type of Investigation
DR No. • ___
Z
s
°� eMC C'-��c,
07- 130`1-1
(1) List additional sulpects, victims, involved persons, (2) List slolentrecovered property. (3) Reconstruct the occurrence: Include all elements
of the crime. (4) Describe any evidence, including prints, state locations found and by whom. Give disposition.
The following is required information for Fnearms: Make, Caliber, Type (pistol, rifle, shotgun), Category (automatic, semi auto, bell: action), Banal length,
Model, Serial No., and note ff associated with a homicide or major crime.
*;.err. sc:description . '. ,. 19
Item #. Quantity AdiGe Brand Model: Serial No. Color Site .'Inscriptions, CaliberfEEttc,) `' Millar Value
reached his hand back inside the vehicle and I heard a buzzing noise. We orderedill0ft to open his door and exit
the vehicle. speech was extremely slurred as he replied. I still was not able to determine what he was saying.
. failed to follow simple orders to open his door. I heard the front seat passenger tell t§Mo listen to the officers.
The passenger was cooperative and maintained his hands outside the door. We walked up toAMOM who had his hands
outside the window. As we walked up, Officer Maisano held onto left wrist to control his movements and I grabbed
_ right wrist outside the window to control his movements in order to safely determine whys was not complying.
was belligerent and refused to exit the vehicle. I checked the door and saw that the lock was malfunctioning. I
smelled a strong odor of an alcoholic beverage emanating from the vehicle. 1 wanted to exit the vehicle through the
window and prevent him from attempting to put the vehicle in drive again. We attempted to helplexit the vehicle
through the driver side window, however 1 noticed he was squeezing his legs around the steering column, resisting our efforts.
I informed Officer Maisano that I would have the front passenger removed from the vehicle while he maintains control of
!wrist. 1 walked around the vehicle and had the passenger exit the vehicle. The passenger was cooperative and
repeated to= to comply with our orders. I entered the passenger side of the vehicle and signaled Officer Maisano that I
was going to pull wt through the passengers side of the vehicle. Officer Maisano released his grip od wrist
and I pulled and upper bcdy.s attempted to squeeze his legs around the steering column, however I was able
to pull him out. As I pulled his upper body out of the vehicle attempting to control his weight so he would not be injured, he
began to twist and pull away from me with his arms. Officer Maisano and Irvine Officer Sanders came around the vehicle and
assisted me. We placed ! on the ground and ordered him to place his hands behind his back._ pulled his arms
inward towards his waistband. Officer Sanders was able to put his right knee on_; upper shoulder area to prevent him
from turning over. S right arm was sweaty as I attempted to apply a department approved control hold on it. I
attempted to obtain a better control hold, however he pulled his right arm towards his waist forcing me to lose my grip. I
continued to tells to stop resisting and place his hands behind his back.
I was able to gain control of~ ight wrist and place it in a control hold. I placed a handcuff on his right wrist and
waited for Officer Sanders to move, so Officer Maisano could place a left wrist towards his lower back area.
continued to struggle by trying to turn his body. His legs were kicking as he attempted to maneuver.
Supervise proving ID No.
Reporting Officer(s) ID No.
GS
T. Cooper smith 1350
N.WPORT BEACH POLICE DEPARTMEP
Continuation Sheet
Ikb
i VPORT BEACH POLICE DEPARTME
(] TELEPHONIC I&BRIEFING
Preliminary Investigation of.
DR No.
C cr1 ❑ VNt
� ❑ csu
Battery
1 07 -13076
Location of Occurrence
RD
Date & Time Reported to PD
Connected Reports - Type & DR
4221 Dolphin Striker
34
12 -16 -2007 0040
None
Month I Day / Year
Day
Time
I Month 1 Day / Year
Day
Time
Occurred On Or Between:
12 -16 -2007
Sunday
0025
&
12 -16 -2007
Sunday
0035
Reportable Use of Force: Yes ®No
Stolen / Lost
Recovered
Est -Dam. ArsonAtandal'lism
$N /a
$ N/a
$ N/a
Last Name (Firm name if business) First Name Middle
DOB Age ex Desc Hgt I Wgt Hair JEyes
Residence Address
City
State
Zip
Res. Phone
V.
:
Business Address City State Zip Bus. Phone
C
��r.. -
T
victim's Occupation Victim's Condition Veh. Lic. No. State Make Model Colors)
1
M
Business Owner Upset N/a
_
Notifications- Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? O Yes p No
None Victim Desires Confidentiality? O Yes 19 No
Domestic Violence Related? O Yes O No
Gang Related? O Yes p No
Hate Crime? O Yes, O No
Alcohol Related?
Weapon Involved? O Yes O No
Weapon Involved? O Yes O No
Weapon Involved? O Yes p No
O Yes O No
Name If Known - Booking No. & Charge If Arrested teat Additional suspects In NaNadve) DOB
Age
Sex
Desc
Hgt.
Wgt.
I Hair
Eyes
&
• I
/k
I
Address
City
Zip
Res. Phone Bus.
Phone
S.
�.
Personal Oddities (Unusual Features, Scars, Tattoos, Etc)
tSlate
of We apon (Thmats.Force.simultd Gun, Etc) if Knife m Gun, Describe:
:S
P'.
E
Clothing - Additional Descriptors
Additional Suspects? O Yes
C.
T
Black hooded sweatshirt, blue jeans
(List on Page 2) O No
Veh. Lic. No.
State
Year
Make
Model
Type
Color(s)
N/a
I
Inside
Color(s) Modifications
Damage - Additional Desc.
I W Codes: V -Vipim R- rman W- Witness 0-012 Pars P -Parent
ode
Name Residence Address
City
State
Zip
W
���
•
OB
Age
Sex
Business Address (include Zip Code)
Bus. Phone
Res. Phone
4221 Dolphin Striker 92660
949
949
ode
Name
Residence Address
City
State
Zip
W
��
CA
OB Age
Sex
Business Address (include Zip Code)
Bus. Phone
Res. Phone
IF
4221 Dolphin Striker 92660
949��
.O. - SPECIFIC OR UNUSUAL ACTIONS THAT MAY TEND TO IDENTIFY THIS SUSP. ItIn reverse side for additional nsaseve.l Burg: O Force 0 No Force
Unknownsuspect- Tits hesictim- irLthe_ mouth -causinghislronticoth_toJalt_out .__
pprovin ID No.
Investigating Officer(s) ID No.
Signature of Reporting Person
f J.
Perkins 1319
Da
a ducedy.� C
tea.
NzWPORT BEACH POLICE DEPARTMEN.
Napo M=14"(PW 3-98) 1 . �kl—
Page No.
Type of Investigation
DR No,
2
1 Battery
7-13076
(1) List additional suspects, victims, Involved persons. (2) List stolenfrecovered properly. (3) Reconstruct the occurrence: Include all elements of the
crime. (4) Describe any evidence, including prints, state locations found and by whom. Give disposition.
Jtem:.' -
0 14 t
-A n 'ie Brand 'SModar
MistkIdescription (GQW, $ Value
-b
oscrf 5ME F. a J arp
Jwas
On 12-16-2007 at 0040 hours, I was working uniformed patrol in a marked police vehicle #2022. 1
dispatched to 4221 Dolphin Striker (Fury) reference a batter III
,y just occurred radio call. Upon arrival I
contacted the Victim, 1110�, who related the following statement: He was waiting in line to use the
restroom inside the club. While standing in line, the suspect passed several people in line and walked
into an open toilet stall. The Victim stated, "why are you cutting in line?" The suspect immediately exited
the stall, grabbed the Victim by the collar of his shirt and punched the Victim in the mouth causing one of
his front teeth to come lose, nearly falling completely out. After hitting the Victim, the suspect ran out of
the restroom and out of the club.
I contacted Witness who related the following statement: He was working security inside the
club when he witness the subjects fighting. He separated the subjects and pushed the suspect towards
the door. He went to the check the Victim in order to asses his injuries. After noticing the Victims
injuries, he contacted Witte via radio and asked him to contact the suspect outside. Wit Gmeiner
attempted to contact the suspect as he fled through the parking lot in a westbound direction and out of
sight. They called NBPD for assistance.
1
While talking with the Victim, I observed his front tooth to be broken at the root and completely bent in.
NBFD responded to check the Victim. He refused medical treatment from medics and stated he would
take himself to the hospital.
I took four digital photos of the Victim and his injuries.
ID 110-
lReporting Officer(s) ID No.
_X9 ds�
J. Perkins 1319,
Napo M=14"(PW 3-98) 1 . �kl—
N PORT$EACH POLICE DEPARTMEA
ARREST REPORT
NBPD Fa 5.1 (Rev. IMi) Meet Repun `��
Location of Arrest
RD
Date(Time Arrested
DR Number
4221 Dolphin- Striker Way (The Fury)
34
12/28/2007 0155
07 -13463
Connecting Reports by Type and DR Number
Videotape of Arrest
Videotape #
None
I ❑ Yes ® No
7860
Reportable Use of Force: ❑ Yes M No
Do Charges or Subsequent Charges Involve 646.9 P.C. (Stalking) 7
❑ Yes Z No
If yes, you are required to complete the Notice of Release on Bail Stalking 646.93(a) PC NBPD Form # 5.22 (Located in the NBPD Jail)
Arrestee's Name 4`1 Last First
Middle
OC#
l2 0
A
Charge (Section, Code & Definition)
R
647(f) PC- Public drunk/disorderly conduct
R
Arrestee's Name 42 Last First
Middle
OC#
E
S-
Charge (Section, Code & Definition)
E
E
Arrestee's Name 43 Last First
Middle
OC#
S.
Charge (Section, Code & Definition)
Witness #1
D06
Age Res. Phone
Bus. Phone
Address
City
Stale
Zip
MEMNON"
door
Witness #2
DOB
Age
Res. Phone
Bus. Phone
NAddress
city
Stale
Zip
$
Witness #3
DOB
Age
Res. Phone
Bus. Phone
S
Address
City
State
Zip
S
Arrested By (Private Person)
DOB
Age
Res. Phone
Bus. Phone
Address
City
State
Zip
Describe Circumstances Leading to Arrest Include Elements of Offenses; Note Nature of Evidence and Location Deposited:
See page 2.
Alcohol Involved? ® Yes ❑ No Location: The Fury
Supervisor Approving
ID No.
Arresting Officer
ID No.
Vacation Period
Date/Tim Reproduced
Clerk
Fitzgerald
1308
NBPD Fa 5.1 (Rev. IMi) Meet Repun `��
1. .JPORT BEACH POLICE DEPARTMEN
Continuation Sheet
Page No. Type of Report Booking No. DR Number
2 Arrest Report 07 -13463
On 12/2e/07, at approximately 0144 hours, I was dispatched to The Fury, located at 4221 Dolphin-Striker reference a report of
a subject that punched a security guard.
Upon my arrival, I met with the RP). He stated he was a security guard for The Fury and was in front of the club,
monitoring people exiting when he Scale male (Arrastee4noft exit the front doors. As � passed
they bumped shoulders, due to the large amount of people exiting at the same timel�tumed and pushed
while yelling several profanities at him. then hildOWne time in the neck as he continued walking away and into
the parking lot.lowth the assistance of his fellow security officers, grabbed mom s he continued yelling and
detained him while another security guard called the police. While being detafnedJMWtedM1MMWonfinued yelling
profanities at Security and patrons in front of the building.
ended me411111Wriver's license and directed me to where he was standing . 1 contacted MMMftt the
north end of the parking lot near the front of The Fury. I observed his body swaying noticeably as he appeared to struggle to
keep his balance and I noticed blood on his lower lip. His clothes were disheveled and he was missing his right shoe. I asked
if he was feeling ok and he stated, 'yes.111JMhen stated, "I'm fine I just want to go home, I don't know why
you guys are here." As he spoke, I noticedIJIMINWas heavily slurring his words and he smelled strongly of alcohol. I held
onto arm in order to assist him in standing as I observed him swaying more drastically. I askeda�lhow
much he had been drinking and he replied, "I've had a bunch of Jack and Coke's and three Jaeger Bombs "also
stated he had been drinking at The Fury since 11 pm. 1 askedlMoOfthow his lower lip had been bloodied and he told me
could not remember, but that he thought his lips were badly chapped.
I asked-ftWif he wished to make a report or private person's arrest for Battery.eclined both and stated he did not
need medical attention, he just wanted to ensure thal�10eft the promises.
Based upon my observations off� objective symptoms of alcohol intoxication (strong odor of alcohol, severe swaying
and slurring of his words), the amount of alcohol he admitted to drinking and the statements of Witnessidescribing
disorderly conduct, I formed the opinion that S� was intoxicated to the point he was no longer able to care
for his safety or the safety of others. I arrested him for 647(f) PC- Public drunk/disorderly conduct.
Due to the position of my vehicle in relation to the point of contact with the arrest was not captured on my MVS.
Supervisor Approving ID No. Reportlrtg Officer(s) ID No.
fi $iHgcl Fitzgerald 1308
NBGD Fa 3.15(a _3-98)
,� 6
age o. NEWPORT BEACH POLICE DEPARTMENT
PROPERTY REPORT & RECEIPT 00RSd'
oat
at ime o Report Deal tlon ecerve ou Connected ropedy oc er
/- 12- aloy06 Do1pNl✓ S77PikEC QOU�
31/ Crrx N6/' 36660 /!
® EVIDENCE ❑ FOUND EVIDENCE ❑ FOUND PROPERTY Q SAFEKEEPING
BWKTU.I ARltESTEE2 IC11M BOOK T0:1 CTIM 2EMPLOYEE BOOK Tb.t R2FINDER 1 DR
❑ DOMESTIC VIOLENCE ❑ FIREARM WEAPONS ❑ PROPERITH
TY W
❑ STOLEN PROPERTY
FIREARM WEAPON 5150 & 8102 WIC S ER. NO. REMOVED
BOOK TO OWNER 8O0KT0:1 ARRESTEE 2 ICnM B00KT0:1 ARMTEE 21M71M
❑ MONEY BOOKED Amount - Property Officer Money Disposition
p Booked Into ProperWEvidence Acct
SEE ATTACHED COPY OF MONEY ENVELOPE By Date O Booked into Property Safe
roperty oo a o: lAddil erson nvo ve
Last Name Fkst Name Middle Sfx Last Name First Name Middle Sfx
DOB O Owner O victim O Other DOB
O Owner O victim O Other
O Finder ®Arrestee O Finder O Arrestee
umber Pfx Street Name Six Type Suite #: umber Pfx Street Name Six Type une #:
City State Zip City _ --
I INTERNAL PR PEt R ENTERED
Res. Phone Bus. Phone Res. Phone Lt Rus. Ph In e LA II:
escrl a circumstances Resulting in mgo s or Evidence. emrze an es ea rope Is y e a
Separate Reports are required for each Type of Property. It Additional Form is Required, use Mother Property Report & Receipt.
The following is required information for Firearms:
Make, Caliber, Type (pistol, rifle, shotgun), Category (automatic, semi auto, bolt action), Barrel length, Model, Serial No., note If associated with a homicide or
major crime.
Item # Qty.
Category
Type
Make
Model
Serial No
Mist Description (color, size, etc.)
ON )
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Supervisor Approving ID No.
Reporting Officer(s) ID No.
Reproduced/Distributed by Clerk
M. 0"V /3217
/-
AFFIDAVIT OF NDER
PROPERTY RECEIPT
I declare under penalty of perjury that:
This form constitutes notifficatio your rights according to
1). The listed items were found,
2). the owner of the property Is unknown to me, and
taw. Your signature indicates at you have received a copy of
this receipt. Please review the Information on the back of this
3). 1 have not secreted, withheld or disposed of any part
form for an explanation of your rights with regard to this property.
of the property,
(Signature) X
(Signature) X
\` o
NEWPORT BEACH POLICE DEPARTMENT
CONTINUATION SHEET
Page ND.
Type of Report
Booking No.
DR Number
'- NEWPORT BEACH T FILE COP)r NBP 3666.0
POLICE DEPARTMENT
ANOR
NOTICE TO APPEAR ❑ Traffic .NOn ftft
GATE OF YIpAigN_^ II.? DnJr'( DAY OF WEEN CASE Np. UNR Np.
`- II —!L' S M $MTwT —MJ3 S
NAMF (First Aeddk, ❑ Se1L1TY Wd. Cola. 4 MImS)
ADDRESS �.. .
CRY � .� STATE C.^ ZIP COOE� .r
STATE COMMEMmL B
���"
❑ YES
sEa E� Nr cod DTHERDATF
.
srAr ❑ COMMERCIAL VEHICLE
YR iBOGY SINE COLOR 8 NeIL Code, ii 152TD(b))
"n"
EVIDENCE of RNANcla RF,9PON8191U , ❑ HAZARDOUS MATERIAL
Yes NeN. oDeq B asst'
RED6,TERED OWNER W LESSEE *"e AS DRNER '
`',
ADDRESS a9AME AS ORIYER
GTTY STATE ZIP CODE
Cwreetwo NdaNen (Vert Co W, 4 C 101 O B khr,, Reeuaol (o reuses) Miananq a
Tae No CODE. AND SECTION Dscrbllm IMIS}bn (Olds)
❑ R- / /3S-7 03 //A M )I
❑, ❑ /ASS LFS! )0,4'./ / 02 OF M I
❑ ❑ /fJi2A7vANA M I
❑ ❑ M I'
SPEED A2P?i4 P.FAIAN SPEED VEH. LIMIT SAFE D Cpryoydya F
I
LOCATION�AooF YIQ UIONIS) /
AT !rv[ P'(' + S]Iti ,JV jr
ROAD CONOITq 1PAFFTC `WEATHER
ACCIDENT El
WET rlvr MED LCT] Ct il^) -FDO w
O VIOLATIONS NOT COMMITTED IN MY PRESENCE, DECLARED ON INFORMATION AND BELIEF.
I OEOARE UNDER F@ W OF PERAmY UNDER TIE LAWS OF THE BTATE OF CMIFORNIA 1NE
FOREGOING IS TRUE ANO CONRECT. ..
/3L9
M . -G klia TO
X�+rva aq r `— SERIAL ND. DATEB OR,
.
SEglp tw.- DATES Off
Wn0HADMTNNG EAR ANOPLACE88)ICATED BELOW.
X St nature �
WHEN: ON OR BEFORE THIS DATE- O Z _ rr2� — �AT 6:ASAM
WHAT TO DO: FOLLOW TFIE.INSTRUCTIONS ON THE REVERSE W
WHERE YiRLRIar Justice Caber, He" BeaM Feoi ABDI JalTlbor9e Rd..
%m
' ❑ JuevWen�ile Cal". NI i C4y SwAh, Orerpq CA 92868
❑ To he mUW YM Paw WG udien MI be Cdgaatal by W Pdlce Dap. or Ule Q"
. .. Orange Comty Probaibn Dep.
❑ For infraclim
vidaUans d ere vegde code, you nay appear Prior l ela appeMence dal
fisted above at a session d nlpM mad bald an TUMMY M SAID PM.
Parents) Phme:
.neldAl caamncamANeFUrA SEE REVERSE
Rsv. oaaT94 Nan. coax 44 4V-00". 4613(b), MS}2. ePRO, P.A OpUe.4 MI) TR -130
Supervisor Approving
ID No.
Repbtting Off ads)
Ib No.
NSPO F.. 3LIS (Rev. 3.98)
,a�
NEWPORT BEACH POLICE DEPARTMr NT
DUI ARREST REPORT
Location of Arrest
RD
Daterrime Arrested
DR Number
MacArthur and Birch
34
01/18108 0115
I
08 -00578
I
Connecting Reports by Type and DR#
Reportable Use of Force:
Videotape of Arrest
Videotape #
Admin per se, vehicle report
❑ Yes ®No
® Yes ❑ No
DV 8540
A
Arrestee's Last Name - 1 First
Middle
OC #
R
IT3'►47
R
Charge (Section, Code, Definition)
E
23152(a)VC, Misd DUI
S
T
Arrestee's Last Name - 2 First
Middle
OC #
E
E
Charge (Section, Code, Definition)
S
WWitness
I
Name - 1
DOB
Age
Res. Phone
Bus. Phone
T
Address
City
State
Zip
N
E
S
Witness Name - 2
DOB
'Age Res. Phone
Bus. Phone
S
E
Address
City
State
Zip
S
Initial Observations
See page #3 for narrative.
What Have You Been Drinking?
How Much?
Where?
When Start?
When Stop?
Beers
3
Fury bar
2030
2300
Do You Feel The Effects of the Alcohol? If Yes, Describe:
What Time is it?
Actual Time
No
0030
0100
Where Are You Now?
Actual Location
Where Are You Going?
MacArthur and the freeway
MacArthur / Birch
Home
When Did You Last Eat?
What?
How Much Sleep in Last 24 Hrs?
2130
Nachos and Chicken fingers
10 fire
Are You Sick, Injured or Have Physicist impairments? If Yes, Describe:
Diabetic or Epileptic?
Do You Take Insulin?
No
No
No
Are You Currently Under the Care of a Doctor or Dentist? If Yes, Describe:
Using Medicine or Drugs? If Yes, Describe:
No
No
Are There any Mechanical Problems With This Vehicle? If Yes, Describe:
No
if T/C involved. ask
the
followinci questions:
Were you driving the vehicle?
If no, who was?
❑ Yes ❑ No ❑ WA
Did you bump your head?
Have you been drinking since the accident?
Whet?
How much?
❑ Yes ❑ No
❑ Yes ❑ No ❑ WA
NSMFu 5.1.2(fiw B-01y DUI Arrest Report /�
NEWPORT BEACH POLICE DEPARTMENT
Continuation Sheet
3 DUI Arrest Report 1 108-00578
On 01 -18 -08 at approx 0100 hrs I was working DUI enforcement special detail. I was in full uniform driving a clearly marked
police vehicle equipped with emergency lights and siren. I was south bound MacArthur approaching Newport PI. I obsd a
MI&Honds Accord California licenser east bound Newport PI turning left onto north bound MacArthur. The vehicle
appeared to have been traveling at a high rate of speed and made a wide turn due to the speed in violation of 22350 VC. The
vehicle nearly ran off the roadway onto the east curb of MacArthur north of Newport Pi. The vehicle jerked to the right in the
attempt to avoid colliding with the curb.
I conducted a U -turn to stopped the vehicle for the dangerous driving and for a DUI investigation. I contacted the driver and
identified him as the deft. The deft displayed objective symptoms of intoxication (reddish/watery eyes, strong odor of alcoholic
beverage, slurred speech, and dilated pupils). The deft exited his vehicle and walked to the sidewalk. The deft displayed an
unsteady gait. The deft admitted to drinking three beers tonight.
I asked the deft to perform an SFST. The deft failed the SFST as demonstrated by me. In my opinion the deft was under
the influence of an intoxicant and unable to safely operate a motor vehicle.
1 advised the deft of the chemical admonition. The deft provided a breath sample. I administered the breath test on the
PBEf. The results were .17% 1.17% BAC. I advised the deft of the Trombetta admonition. The deft refused to provide a
blood sample.
The deft's vehicle was impounded due to the illegal parking and hazard in the roadway. The violation and the SFST was
recorded on my MVS system.
T. Zeeman
1330
t�
Supervisor Approving
NEW
AlcoSenwr IV
AENT•
CC
Z POint ofAnest.
E T
IFm
L](IMETERS. IN[.
ioexsma..
. .
Evidential Test Result
Booking No.
Y
Testing Instrument `Y
Model: AB -IV XL V 1.11
serial ause Tr 064739
Operator
badge / IO N: 1330
Rama:
Department: Napo
Violation
County: ORANGE
city: RERT9HT BEACH
Violation code: 23152
Teat Subject
Lies nse Ba:
Test Number 00050 (Auto)
Date: 1110 /00
Tim: 01:22
Blank: .00 SrAC
Result: .17 erAC
Temperature: 15 C
Volume: 04.6 L
Duration: 06.4 B
Test number 00059 (Auto)
Date: i lls /0s
Tine: 01:21;
Blank: .00 erAC
Result: .17 BrAC
Temperature: 16 C
Volume: 05.2 L
Duration: 00.1 S
Initial to Indicate
at Least 15 Minute
Continuous obsorvatlon f
Answer to step 13 Question: NO
Comments: '
0pe r gnattuturs
ime
subject Right Thumbprint:
NEWPORT BEACH POLICE DEPARTMENT
ARREST REPORT
Locetion of Arrest
RD
Date/Time Arrested
DR Number
870 Santa Barbara Drive
99
1 -20 -2008
08-658
Connecting Reports by Type and DR Number
Videotape of Arrest
Videotape #
Property, Vehicle same DR#
❑ Yes ® No
Reportable Use of Force: ❑ Yes ® No
Do Charges or Subsequent Charges Involve 646.9 P.C. (Stalking) ? ❑ Yes ® No
If yes, you are required to complete the Notice of Release on Bail Stalking 646.93(a) PC NBPD Form # 5.22 (Located in the NBPD Jail)
Arrestee's Name -#1 Last First Middle
Olaf
111111111111111110,
1 1Z3�Z o
A
Charge (Section, Code & Definition)
R
647(a) PC (Lewd Conduct)
R
Arrestee's Name 42 Last First Middle
OC#
E
S
T
Charge (Section, Code & Definition)
E
E
Arrestee's Name 43 Last First Middle
OC#
S
Charge (Section, Code & Definition)
Witness #1
DOB
Age
Res. Phone
Bus. Phone
i
am
none
Address
City
State
Zip
400010W
�=11111
CA
W
Witness #2
DOB
Age
Res. Phone
Bu .Phone
T.
N
Address
c
scat
!
CA
E
S
Witness #3
DOB
Age
Rea. Phone
Bus. Phone
S
E
Address
City
State
Zip
S'
Arrested By (Private Person)
DOB
Age
Res. Phone
Bus. Phone
Address
City
State
ZIP
Describe Circumstances Leading to Arrest; Include Elements of Offenses; Note Nature of Evidence and Location Deposited:
On 1 -20 -2008 at 0305 hours, 1 was in the rear lot of NBPD gassing up my pollee car at end of watch. I overheard a radio call of
suspicious circumstances. Dispatch adv'd that a female was on 911 saying she was being followed by another vehicle. The
female caller, later ID'd as WitnessfW, said she had tried to evade the following car but was unsuccessful. lives in
Newport Beach and did not want to drive home, so she drove Into the Newport Beach Police Department's front parking lot. The
suspect vehicle was described as a black MBZ and it followed her Into the lot and pulled up next to her. Wit-10 was frantic.
Alcohol Involved? ® Yes ❑ No Location: Fury Night Club, NB
proving
ID No.
Arresting Officer _,,,,1 ID No.
Vacation Period
W
8-%
°y�"
r .
r J�LJ�
produced
Clerk
1144" rle,
4/-
D. Moo 540
rte.
151
NEWPORT BEACH POLICE DEPARTn.ANT
Continuation Sheet
Page No. Type of Report Booking No. DR Number
2 Arrest Report 08-658
Dispatch adv'd they needed a police officer there now.
I disconnected the gas line from my unit and was driving through the rear lot to the call. As I was waiting for the back gate to
open, I saw Officer McKenzie running down the front steps of the PD to assist. He was in the station completing arrest reports
after his shift. I could see a black BMW 7451 bearing CA licenses parked next to the witness' tan MBZ. The reverse
lights of the BMW were on and Ofcr. McKenzie was making contact with the driver of the BMW, later ID'd as Deft.
'. 1 pulled my police car to the rear of the BMW.
Ofcr. McKenzie hade0awstep out of the car while I assisted. When got out, his pants were unzipped and the
belt was out of a couple of the belt loops. He hitched up his pants and I could see he had an erection. I could also see what
appeared to be fresh semen on the stomach area of his shirt. When Ofer. McKenzie asked 4011011rabout why his pants
were undone and he had semen on his shirt, he said he Just got a blow job" from a girl at the Fury nightclub. Ofcr. McKenzie
put on some latex gloves and patted down for weapons. He was unarmed and detained for further investigation.
Ofcr. IL Yim arrived to assist. He interviewed WitnessesIM anddW. They are friends and 10 Is a student at UCI. They
drove together from the Los Angeles area and on the way home stopped at a Jack In The Box near UCI for a snack. When
they left, they noticed following them. It made them nervous andllfttumed several times, but stayed
with them. ljMdrove faster and tried to elude, but was unable to. V& did not want to drive home because
would know where she lived, so she wisely drove to NBPD.
She.drove W/B University from the UCI area, then SIB Jamboree towards NBPD. She was on her cell phone talking with
NBPD Dispatch. When she turned left from Jamboree onto Santa Barbara, pulled up next to her. Tran asked
Dispatch if she should turn into NBPD and Dispatcher Martin told her AM then said continued a short distance
on Santa Barbara, made a U -Tum and followed her into the PD lot and pulled up next to her.'0was frantic and told this to
Dispatcher Martin and that was when Dispatcher Martin broadcast "We need an officer there now!"
Neither` or11111111knew lkl� They did not see him masturbating as he followed them. They were just fearful of him
due to his following them and they did not know his intentions.
I could see a gray knit watchcap on the RF floorboard of 4111glIM car. It appeared to have semen on it. Next to this was a
roll of toilet paper and a dirty towel. In my training and experience, men who masturbate and expose themselves in public
often carry such items to wipe themselves off after their crimes.
I had Dispatch run a criminal history check or9` He has been arrested several times for 314.1 PC (Indecent
Exposure) and 647(a) PC (Lewd Conduct). He was also a suspect in at least three indecent exposure cases in Irvine.
Supervisor ving ID No. Reporting Office l
D. Moon t
NBPD F ./ Rev. 398)
Y-
NEWPORT REACH POLICE DEPARTMENT
Continuation Sheet
Page No. Type of Report Booking No. DR Number
3 Arrest Report 08 -658
It was obvious to me thatdow0was chasing two young, attractive women and masturbating as he did so. He was so
focused on his activities, he did not even realize he had pulled into a Police Department parking lot. Based on the fact that
pants were undone with the belt out of several loops, zipper down, and he had fresh semen on his shirt (he was
masturbating); and the fact that this took place in public (while driving and in a Police parking lot); I placed him under arrest for
647(a) PC (Lewd Conduct).
I read him his rights and he said he understood them. He became indignant when I told him the charge. He said "Did you see
me?[" He did not want to make any other statements other than to deny he was masturbating. JINJIM had been drinking,
but did not appear under the influence. (Fury Nightclub, NB).
I collected the semen stained watchcap, toilet paper and towel from Humphrey's car. Ofcr. Perkins booked oempand
collected his shirt and pants as evidence. He gave them to me and I booked it all as evidence in the NBPD evidence freezer.
See Property Report.
Ofcr. Yim storedefim"s vehicle per 22651(h) CVC. See Vehicle Report.
I had already powered down my MVS at the end of my shift, so the arrest was not recorded.
Su Ing ID No. Reporting Offices J ` J ID No.
01 D. Moon 5'( 540
nevo r (Pa . sael
NEWPORT BEACH POLICE DEPARTMENT
ARREST REPORT
Location of Arrest
RD
Datelrime Arrested
DR Number
4221 Dolphin- Stryker Way
34
1/26/2008 0120
08 -872
Connecting Reports by Type and OR Number
Videotape of Arrest
Videotape #
Crime Report-08-873
0 Yes ® No
Reportable Use of Force: ❑ Yes ® No
Do Charges or Subsequent Charges Involve 646.9 P.C. (Stalking) ? ❑ Yes ® No
If yes, you are required to complete the Notice of Release on Bail Stalking 646.93(6) PC NBPD Form # 5.22 (Located in the NBPD Jag)
Arrestee's Name -#1 Last First Middle
OC#
DETENTOON ONLY
is
A
R
Charge (Section, Code & Definition) &
�6�
647(f)PC- Disorderly Conduct- Public
Intoxication
Arrestee's Name -92 Last First Middle
OC#
E
T
Charge (Section, Code & Definition)
E
E
Arrestee's Name -#3 Last First Middle
OC#
S
Charge (Section, Code & Definition)
Witness #1
DOB
Age
Res. Phone
Bus. Phone
Address
City
State
I Zip
W
I
Witness #2
DOB I Age
Res. Phone
Bus. Phone
NAddress
City
State
Zip
E
S
Witness #3
DOB
Age
Res. Phone
Bus. Phone
S
E
Address
City
state
zip
S
Arrested By (Private Person)
DOB
Age
Res. Phone
Bus. Phone
Address
City
State
Zip
Describe Circumstances Leading to Arrest; include Elements of Offenses; Note Nature of Evidence and Location Deposited:
On 1/26/08 at about 0120 hrs, I was working uniformed patrol on foot at 4221 Dolphin-Stryker Way. I was in the process of
conducting a count out of the patrons at the Fury Bar at the above address. All of the patrons were being directed to exit one
door to maintain the integrity of the count. Deftiattempted to exit a different door than the main door. As" attempted
to exit, I informed him that he could not exit that door and instructed him to turn around. appeared very intoxicated, he
was having difficulty maintaining his balance, when he attempted to speak to me his speech was slurred, he had red watery
eyes, and a strong odor of an alcoholic beverage on his breath.
Alcohol Involved? IN Yes O No Location: same
Supervisor Approving
ID No.
Arresting Officer ID No.
Vacation Period
S(Z .$67-
1036
Date/rlm Rep ducad
1 `�
Hardy 1257
NBMFq 5.1(a .'Z )
Mall Rapul
Eq
ki
NEWPORT BEACH POLICE DEPARTMENT
Continuation Sheet
Page No. Type of Report Booking No. DR Number
2 1 Arrest Report 1 1 06 -672
No said he wanted to exit through that door. I told JW five more times to turn around which he failed to comply. low
stated he needed to lea ve and attempted to push his way past me. I escorted Wout of the Bar and detained him pending
investigation. I asked ow much alcohol he had drank tonight. %W stated he had drank a lot, but was unsure on the
exact amount.
I determined due tomwymptoms of alcohol intoxication, his inability to follow directions, and his disregard for law
enforcement instructions that Wwas too intoxicated to care for himself or others and placed him under arrest for disorderly
conduct- Public Intoxication (647(f)PC). After was placed under arrest, he began apologizing for his actions. said
he was sorry for not listening to me. "*vas transported and booked at NBPD by Officer Tice.
Supervisor Approving ID No. Reporting Officer(s) ID No.
'-Tf S5± 103&P 1 Hardy 1267
�J J
A EWPORT BEACH POWcLC DEPARTM. f
ARREST REPORT
Location of Arrest
RD
Date(fime Arrested
DR Number
4221 Dolphin Striker
34
1 1/26/2008 0120
08 -00871
Connecting Reports by Type and DR Number
Videotape of Arrest
Videotape #
0 Yes ❑ No
DV 7511
Reportable use of Force: (] Yes g No
Do Charges or Subsequent Charges Involve 646.9 P.C. (Stalking) ?
❑ Yes ® No
If yes, you are required to complete the Notice of Release on Bail Stalking 646.93(a) PC NBPD Form # 5.22 (Located in the NBPD Jail)
Arrestee's Name 41 Last First
Middle
OC#
-
3 .._
A'
Charge (Section, Code & Definiffon)
R
647(F)PC, public intox / disorderly conduct
Rr
Arrestee's Name 42 Last First
Middle OC#
Charge (Section, Code & Definition)
"
Arrestee's Name 43 Last First
Middle
OC#
Charge (Section, Code & Definitfon)
_.
witness #1
DOB
Age
Res. Phone
Bus. Phone
.`
Address —
City
State Zip
'
Witness #2
DOB
Age Res. Phone
Bus. Phone
tN`
Address
City
State Zip
'
Witness #3
DOB
Age
Res. Phone
Bus. Phone
Address
City
State Zip
Z'�lvl'
E1�}:
=Kz
Arrested By (Private Person)
DOB
Age Res. Phone
Bus. Phone
Address
Describe circumstances Leading to Arrest; Include Elements of Offenses; Note Nature of Evidence and Location Deposited:
See page #2 for narrative.
Alcohol Involved? ® Yes D No Location: Fury bar
Supervisor A P"
fD No.
Arresting Officer
ID No.
Vacation Period
Date /T ep d,uryced
Clerk
�A V O
I T. Zeeman
1330
Nenn Farm 5.1 (RO. 12M
Pr 1 mom
1 ✓1�
NEWPORT BEACH POLICP. DEPARTM..r
Continuation Sheet
Page No. Type of Report Booking No. DR Number
2 1 Arrest Report 1 1 08 -00871
On 01 -26 -08 at approx 0120 hrs I was working uniform patrol driving a clearly marked police vehicle equipped with
emergency lights and siren. I responded to The Fury to assist other officers with a count out.
I was assigned to the patio area to control the flow of the crowd safely. The patio is located on the north west corner of the
building adjacent to the parking lot. The gate that leads to the patio Is located on the west side of the patio.
During the count out an unknown female exited the gate from the patio area and began to walk toward the parking lot. I
approached the unknown female and advised her that she needed to reenter the patio area and walk out through the front
door. As I was talking to the female, the deft suddenly came from behind me on my right side and nudged past me.
Because the deft came from behind, on my "gun" side, and made contact with me, I immediately thought that the deft was
going to attempt to disarm me. I looked in his direction and obsd that he was looking at the unknown female. Due to the
heightened alert and the disadvantage that I felt, I placed my right hand on his chest and pushed him away to gain distance.
The deft took 2 steps backward, raised his arms and stated, "What's up, Bitch." I took the deft's aggressive stance as a
fighting stance and his statement as a challenge. I immediately grabbed the deft's left arm and placed it behind his back. I
recognized the deft's right arm was free and I stepped behind the deft to avoid a strike. 1 used my body weight to lean the deft
on the hood on my police vehicle to maintain control and to put the deft at a disadvantage. This action de- escalated the
situation and the deft did not struggle or resist. I placed handcuffs on the deft to keep him from escalating the situation again.
I obsd the deft displaying objective symptoms of intoxication (strong odor of an alcoholic beverage, slurred speech,
reddish /watery eyes). In my opinion the deft was displaying poor judgment and a lack of awareness. After the deft calmed
down and the situation was safe, I felt that the deft did not rise to the level of challenging me to fight, but displayed the above
actions against me because he was under the influence of an intoxicant.
in my opinion the deft was under the influence of an intoxicant and a danger to himself and others. I placed the deft under
arrest for 647(f)PC. Public intox / disorderly conduct.
Officer Dominguez #1134 responded to the scene and transported the deft to NBPD jail for booking. I attempted to locate
the unknown female with negative results.
The incident was recprded on my MVS system.
Supervisor Approve ID No. Reporting Offioer(s) ID No.
/ -" I T. Zeeman 1330
Fum 9.15,rfPg✓3 -80t .
t51
----- -- - - -------- ---- --- - --------
o�
:���;
L `J�
RrAvu Pm wv IIVIRADTMi
p TELEPHONIC p BRIEFING
Preliminary Investigation of:
DR No.
p pvNI
GS
p csu
Battery
rY
08 -1118
Location of Occurrence
RD
IDate & Time Reported to PD
Connected Reports - Type & DR
4221 Dolphin Striker Way
34
2 -2 -2008 0115
None
Month / Day / Year
Day
Time
Month / Day / Year
Day
Time
Occurred On Or Between:
2 -2 -2008
Saturday
0030
&
Stolen / Lost
Recovered
Est.Dam. ArsonlVandalism
Reportable Use of Force: p Yes 0 No
$ N/A
$ N/A
N/A
Last Name (Firm name if business) First Name Middle
13ex I De
Hgt
I Wgt
Heir
Eyes
6
O
I
Residence Address
City
State
Zip
Res. Phone
40000�
1000100h
I Ow
V
I
Business Address
City
State
Zip
Bus. Phone
C
T
Victim's Occupation
Victim's Condition
Veh. Lie. No. State
Year
Make
Model
Colors)
I
M
Unemployed
Upset
PED
I
Notifications- Persons & Division
Victim Advised of Confidentiality Provisions Per 293 PC? O Yes ® No
None
Victim Desires Confidentiality? O Yes ® No
Domestic Violence Related? O Yes ® No
Gang Related? O Yes ® No
Hate Crime? O Yes ® No Akwhol Related?
Weapon Involved? O Yes ® No
Weapon Involved? O Yes O No
Weapon Invoked? O Yes ® No ® Yes O No
Name If Known - Booking No. & Charge if Arrested (usl Addrdonal suspects In Narrative)
DOB
Age Sex
Desc H Wgt. Hair Eyes
Address
City
State
Zip
Res. Phone
Bus. Phone
S
U
Personal Oddities (Unusual Features, Scars. Tattoos, Etc)
p0 (Theats,ForceSlmukd Gun, Etc) H f(INfe a Gun, Descdbe:
Type of Weapon
5
S
NN
Hands
E
Clothing - Additional Descriptors
Additional Suspects? O Yes
C
T
Grey Sweatshirt, Black Jeans, Black Shoes
(List on Page 2) ® No
Veh. Lic. No.
Make
Model
Type
colors)
PED
Inside
Colors) TModifications
Damage - Additional Desc.
P and A1cWn w mwinws P 1
Code
Name
Residence Address
City
State
Zip
V
Unknown (female_
I
Unknown
Unknown
DOB Age
ISex
I Business Address (include Zip Code)
Bus. Phone
Res. Phone
Unknown
e
Name
City
State
Zip
OB
Age I
Sex I
Business Address (include Zip Code)
Bus. Phone
Res. Phone
.O.- SPECIFIC OR UNUSUALACTHM THAT MAY TEND TO IDEMIFY THIS SUSP. N"remaSae raedauwwrwmWe.) Burg: !]Force E3 No Force
MalliSllSpSGt_pllgtleQ two fP.maIPS to the G[GUpd_dtJrjng a Verbal aroumPnt
Supervisor Approving ID No.
Investigating Offloar(s) ID No. Signature
of Reporting Person
R. Stucken 1338
D & Time Reproduced Clads
NB Fd &I .1 -0a)
Carom ROOM
`0
.WPORT BEACH POLICE DEPARTMENT
Page No. Type
No.
of Investigation DR
2 Battery 08 -1118
(1) List additional suspects, victims, involved persons. (2) List stoleMrecoven:d property. (3) Reconstruct the occurrence: Include all elements of the
crime. 4 Describe any evidence, Including prints. state locations found and whom. Give disposition.
Item Ousn. Article Bran Mode Serial d Sl Sl No. Miser description (Color, Size, Dollar Value
No. Insaiptiwrs, Caliber, Etc.)
On 2 -2 -2008, at approximately 0100 hours, 1 was working uniformed patrol for the city of Newport Beach. I was in the parking
lot of 4221 Dolphin Striker Way with my partner, Officer Blakely #1302. We were walking on foot through the parking lot when
we were approached by a female irdll�(no further details). She advised she was just pushed to the ground by a
large male Persian name suspect #1). She stated she did not desire criminal prosecution, but asked if we would
speak wilF#M She stated(Wwas a tall male Persian and was wearing a grey long sleeve sweater and black jeans.
She left the area with several other females.
I made contact with a male Persian matching the description. He stated his name wasd,JM stated that he was
involved in a verbal argument with several female friends inside the "Fury'. S stated he was kicked in the stomach by the
female wearing a white dress. ileftilated that when she kicked him he grabbed her by the foot causing her to fall to the
ground. +desired no criminal prosecution. qftgot into a Taxi Gab and left the scene without further incident.
Several minutes later, a female, Victim pproached me. VAMMUNWtated she was pushed to the
ground by a male Individual inside of the Fury and desired a police report filed 4%QJJ&JJJJA"ted the male suspect who
pushed her to the ground was namedQM%JJJM1&tated she was in a verbal argument withf4oWnd he pushed her
to the ground. �tatedqlMMblnras then escorted out of the location by Fury security staff.
slated she desired a private persons arrest. I advised that alibied already left the scene;
however, I advised her that I would generate a crime report documenting the incident.
It should be noted that all Involved parties had been drinking alcohol prior to my investigation.
1 was unable to determine if all three involved parties knew each other due to the original victim (female in a_)
leaving the scene prior to my discovery olawmaband due to` leaving the area in a taxi cab.
Supervisor Approving ID No. Reporting Officer(s) ID No.
?' 1036 R. Stucken 1338
NBPD rom .i31R3v. Y9e)
kkk`
WPORT BEACH POLICE DEPARTME,.•
ARREST REPORT
Location of Arrest
RD
Detamme Arrested
DR Number
4221 Dolphin Striker Way, NB
34
2/3/2008 0015
08 -01141
Connecting Reports by Type and DR Number
Videotape of Arrest
Videotape #
none
❑ Yes ® No
007693
Reportable Use of Force: ® Yes ❑ No
Do Charges or Subsequent Charges Involve 646.9 P.C. (Stalking) ? ❑ Yes ❑ No
If yes, you are required to complete the Notice of Release on Ball Stalking 646.93(a) PC NBPD Form # 5.22 (Located in the NBPD Jail)
Arresta a Name -#1 Last Flrsl Middle
OC#
��
A
Charge (Section, Code & Definition)
R
148(a) PC- obstruct/resist/delay a peace officer
Arrestee's Name -#2 Last First Middle
Deli
E
S
T
Charge (Section, Code & Definition)
E
E
Arrestee% Name 43 Last First Middle
lx#
S
Change (Section, Code & Definition)
Witness #1
DOB
Age
Res. Phone
Bus. Phone
Address
City
State Zip
W
I
Witness #2
DOB I Age Res. Phone
Bus. Phone
T
Address
City
state
zip
E
S.
Witness #3
DOB
Age
Res. Phone
Bus. Phone
S
E
Address
City
State
zip
.S
I
Arrested By (Private Person)
DOB
Age
Res. Pfrone
Bus. Phone
Address
City
State
Zip
Describe Circumstances Leading to Arrest; Include Elements of Offenses; Note Nature of Evidence and Location Deposited:
On 2/3/2008 at approximately 0010 hours, I was working uniformed patrol in a marked unit. I was out on foot and had just
conducted a bar check at "The Fury' located at 4221 Dolphin Striker Way. After I left the location I was walking through the
parking lot conducting a foot patrol of the area, which includes two additional bars, all of which are a short walk away from each
other. As I walked through the parking lot I observed a male subject, later identified as Deft Imlivia his CA CDL #
urinating in public near a parked vehicle in violation of NBMC 10.06.010. As 1
Alcohol involved? . ® Yes 13 No Location: 4221 Dolphin Striker Way, NB (The Fury)
Supervisor Approving
ID No.
Arresting Officer ID No.
Vacation Period
J'3 5,br, d311G�
Datemme Reproduced
Clerk
Haas, B. 1154
rmr.'.) Amin
EWPORT BEACH POLICE DEPARTMENT
Continuation Sheet
Page No. IType of Report Booking No. DR Number
2 Arrest Report 08 -01141
got closer to the Deft I observed that he was having difficulty maintaining his balance. As I got approximately 5 feet from the
Deft I observed him look at me and begin to walk away. 1 called out to the Deft to "come here" but he continued walking away
from me. I called out a second time to the Deft but he was non - responsive and continued walking. I observed that the Deft had
an unsteady gait as he walked. I grabbed the Deft's left arm with a firm grip in an attempt to detain him for the listed NBMC
violation. I told him to come with me and I began to escort him towards the area where he was urinating. I asked him where he
was going and replied that he was going to his car. I asked where it was and he said he didn't know. The Deft's speech was
slurred and difficult to understand. I observed that the Deft's eyes were watery and his eyelids were droopy. I could smell the
strong odor of an alcoholic beverage emanating from his breath as he spoke.
The Deft was obviously intoxicated and unable to care for his own safety or the safety of others. I advised the Deft that he was
under arrest for 647(f) PC- public intoxication and told him to place his hands behind his back. I then grabbed the Deft's right
arm with my right hand while still holding his left arm with my left hand in an attempt to take him into custody. I immediately felt
him tense up and begin to pull away from me as I tried to place his hands behind his back. He turned towards me and I told
him to relax and stop resisting but he continued attempting to pull away from me. I repeatedly told the Deft to relax and stop
pulling away but he continued being uncooperative. The Deft made several comments to the effect that all he did was piss on
a car. I repeatedly told him to put his hands behind his back but he tried to break free of my grip.
Due to the Deft's refusal to obey my numerous verbal commands and his physical resisting my attempts to place him under
arrest, 1 placed my right leg behind the Deft's left leg, and in a tripping motion, caused him to lose his balance. I was able to
take the Deft to the ground in an attempt to gain compliance. After taking the Deft to the ground he ended up face down with
me on top. of him. I was holding his right arm and had to use my body weight to hold him down, as he attempted to get up
several times. I repeatedly asked him to relax and put his hands behind his back but he refused. He remained tense and
would not let me put his right hand behind his back. At this point I requested assistance via police radio and remained on top
of the Deft using my body weight to hold him down until assistance arrived. A short time later Officers Zeeman, Blakely and
Schuster arrived and we took the Deft into custody.
Due to the Deft's refusal to obey my verbal commands and his physical resistance to arrest, 1 advised the Deft he was under
arrest for 148(a) PC- obstrucUresistfdelay a peace officer. I transported the Deft to NBPD for booking without incident. I did not
observe any visible Injuries to the Deft and he did not complain of any injuries. It should be noted that I attempted to activate
my MVS prior to this incident however the unit did not activate, possibly due to the distance between myself and my unit. I did
activate the MVS during my transport to NBPD.
�.,_•• . v NO. Reporting Officer(s) ID No.
--)Lib 49&1 *11t% I Haas, B. 1154
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