ifro
CITY OF RIALTO CITY CLERK'S DATE STAMP
LIABILITY
CLAIM FOR DAMAGES CITY OF RIALTO
TO PERSON OR PROPERTY 2024 JAN 23 AMII: 38
RECEIVED
1. Claims for death, injury to person, or to personal property must be filed not later than six (6) months after the occurence (Gov. Code §9112). CLERK
2. Claims for damages to real property must be filed not later than one (1) year after the occurrence (Gov. Code $911.2). RETURN TO:
3. READ ENTIRE CLAIM FOR BEFORE FILING
Rialto City Clerk's Office
4. ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE FULL DETAILS Mail: 150 S. Palm Ave., Rialto, CA 92376 Address: 290 W. Rialto Ave., Rialto, CA 92376
CLAIMANT INFORMATION:
Raymond Nava
-
FULL NAME DATE OF BIRTH
HOME ADDRESS INCLUDING CITY, STATE & ZIP HOME TELEPHONE NO.
BUSINESS ADDRESS INCLUDING CITY, STATE & ZIP BUSINESS TELEPHONE NO.
ADDRESS AT WHICH CLAIMANT DESIRES TO RECEIVE
NOTICES OR COMMUNICATIONS REGARDING THIS CLAIM
(if different from home address provided above):
1. WHEN DID DAMAGE OR INJURY OCCUR? DATE: July 22, 2023 TIME: 8:50 ish • AM IX PM
2. PLACE OF ACCIDENT (OCCURRENCE) BE SPECIFIC - Describe fully and (if applicable) locate on diagram on reverse side of this sheet.
Where appropriate, give street names and addresses, measurements and landmarks.
Warehouse Shoe Store, 660? W. Foothill Blv. Rialto
3. HOW DID DAMAGE OR INJURY OCCUR?
Officers arrested me without benefit of probable cause; detained me without benefit of reasonable suspicion; prevented me from excersizing my right to freedom of movement and choosing who I would speak to.
Subjected to retaliatory detention, force, and arrest, for choosing not speak to officer. and becacisept
4. WERE POLICE AT THE SCENE? $ YES • NO WERE PARAMEDICS AT THE SCENE? •YES• NO
5. WHAT PARTICULAR ACT OR OMISSION DO YOU CLAIM CAUSED THE INJURY OR DAMAGES? Give the name of the city/town employee causing the injury or damage, if known.
Use of force, wrongful detention, wrongful imprisonment, malcious prosecution, fasle arrest, false police report; and racial profiling.
6. GIVE TOTAL AMOUNT OF CLAIM Include estimate of amount of any prospective injury or damage $ above juris. amount HOW WAS THE ABOVE AMOUNT COMPUTED? Be specific, list doctor bills, repair estimates, etc. Please attach 2 estimates.
DAMAGES INCURRED TO DATE:
Item/Date: Amount: $_
Item/Date: Amount: $
TOTAL AMOUNT CLAIMED AS OF PRESENTATION OF THIS CLAIM:
ESTIMATED PROSPECTIVE DAMAGES, AS FAR AS KNOWN:
Item/Date: Amount: $_
Item/Date: Amount: $_
TOTAL ESTIMATED AMOUNT PROSPECTIVE DAMAGES: sabove juris amount
1. WITNESSES TO DAMAGE OR INJURY List all persons known to have information (attach additional pages, if necessary) NAME: see report NAME:
ADDRESS: ADDRESS:
TELEPHONE: L TELEPHONE: L)
8. IF INJURED, PROVIDE NAME, CONTACT INFORMATION AND DATE/TIME DOCTORS) OR HOSPITAL(S) VISITED:
NAME: NAME:
ADDRESS: ADDRESS:
TELEPHONE: L TELEPHONE: | )
DATE: TIME: LIAM PM DATE: _ TIME: •AM • PM
9. PLEASE READ THE FOLLOWING CAREFULLY:
For all vehicle accident claims, place on the following diagram, the names of streets, including NORTH, EAST, SOUTH AND WEST directions. indicate place of accident by "X" and by showing house numbers or distances to street corners.
If a city/town vehicle was involved, designate by letter "A" location of the City/Town vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City/Town vehicle; location of City/Town vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X".
• NOTE: IF THE DIAGRAM BELOW DOES NOT FIT THE SITUATION, PLEASE ATTACH A PROPER DIAGRAM SIGNED BY THE CLAIMANT.
CURB
PARKWAY
7 SIDEWALK
HAVE REMO THE FORECON CAN A CON THE CONTES ENERA HE SEE BE A TO RECEPT AS TOM I CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
SIGNATURE OF CLAIMANT OR AGENT
Raymond Nava 1/20/2024
TYPE OR PRINT NAME DATE
RELATIONSHIP TO CLAIMANT
NOTE: PRESENTATION OF A FALSE CLAIM IS A FELONY (CA PENAL CODE 72) RETURN CLAIM TO: RIALTO CITY CLERK'S OFFICE - 150 S. PALM AVE., RIALTO, CA 92376 2/45
3|10
Joseph Stauffcher, accused me of being suspicious because, in his mind, me wearing sweatpants was suspicious to him. This suggests that he was making a judgment based on my race because clothing in and of itself is not suspicious. It was Stauffacher who used unjustified force, including punching me in the face. I was tasered by another officer, who I believe was DeSchepper, without reason or justification. I was held for 8 days based on the inaccurate reporting by the officer[s], and fought the case for about two months. All charges were dismissed.
3/15
SAN BERNARDINO DISTRICT
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
RIALTO POLICE DEPARTMENT
PEOPLE OF THE STATE OF CALIFORNIA CASE # 932308191
RIALTO POLICE DEPARTMENT
BOOKING # 2307341848
VS
OFFICER: STAUFFACHER,
RAYMOND NAVA JOSEPH 02213
HT: 510 DOB: 11/21/1992 ARREST 07422/2023
WT: 200 SEX: M SSN# 610-62-9346
HAIR: BLACK RACE: H «EBI#628126LCO
EYE: BLACK DL: F2584751 CI## A27218307
CHGS:
69 PC
240 /242 PC
DEFENDANT'S ADDRESS: 1691 GARDEN DR SAN BERNARDINO, CA 924 VICTIM: BARONABARAJAS
VICTIM: STAUFFACHER
AKA's: NAVA, RAYMOND
THE DISTRICT ATTORNEY SUBMITS THE FOLLOWING INFORMATION AND RECOMMENDATIONS REGARDING BAIL OR O.R. RELEASE OF THE ABOVE NAMED DEFENDANT.
PLEASE FILL OUT IF NECESSARY.
000001 4/15
INCIDENT REPORT 5110
Agency Name: ORI #: Report Date/Time: OCA #:
RIALTO POLICE DEPARTMENT CA0360900 07/23/2023 05:06:37 932308191 Incident Start Date/Time: DOW: Report Type: Case Screening: CHP 180 07/22/2023 20:26:35 Saturday INITIAL Total Loss
incident End Date/Time: Serialized Property Hate Crime
Internal Incident Status:
Evidence Collected Г Gang Related
07/22/2023 20:59:00 $0.00
PC 293 Sex Crime • Domestic Viol.
Incident Location: Secondary Location:
660 W FOOTHILL BLVD RIALTO CA 92376-
Case Description: UCR Status: •All Other Reporting Area:
AXON ( R1135
Operation Method:
Penal Code: UCR Code: F/M: Penal Code Description: Counts: Comp/Att:
69 PC 0 9 3 OBSTRUCT/RESIST EXECUTIVE OFFICER Г
Structure TOD: Bias Motivation: Offense Locatiann
Night NONE DEPARTMENT / DISCOUNT
Weapon Used: Situation Code: Prapise:
SINGLE VICTIM / SINGLE OFFENDER SONVEM ENCE STORE
Penal Code: UCR Code: F/M: Penal Code Description: Counts: Comp/Att:
240 /242 PC 09 ASSAULT AND BATTERY 1
Structure TOD: Bias Motivation: Offense Lodation:
Night NONE CONVENIENCE STORE
Weapon Used: Situation Code: Premise:
SINGLE VICTIM / SINGLE OFFENDER CONVENIENCE STORE
• Person Name: Phone: Cell Phone:
Г Business NICANDRA BARONABARAJAS
Address (Street, Apt., City, State, Zip): Pager:
Involvement Type (Person): Victim Type (Business): Domestic J LEOKA Activity: LEOKA Assignment:
VICTIM PERSON / INDIVIOHAL Violenee
(NOT A LAW
VICTIM ENFORCEMENT OFFICER)
Occupation: Employer: Employer Address: Employer Phone:
09 ALL OTHER WSS 660 W P OTHILL BLV RIALTO CA 92376-
Relationship to Offender (Person): DOB: ge: Sex: Height: Weight:
injury Type;
Stranger - Unknown Minor Injuries Unconscious
F
Internal Injuries Г Teeth Injury
Race: Ethnicity: SSN: dicense (# Blass, State): Related Offense(s):
Lacerations Bone Injury
Hispanic HISPANIC U CA 0 9 Other Injuries / None
02036596
Suspect #1 Name: Phone: Cell Phone: Pager:
RAYMOND NAVA
Address (Street, Apt., City, State Zip): Occupation: Employer:
1691 GARDEN DR 15 SAN BERNAREWO CA 92404- 09 ALL OTHER
Suspect Forced Victim: PrimaipAction: Employer Address: Employer Phone:
Solicited/Offered: Suspeci Fot n DOB: Sex: Height: Weight: Build: Complexion: | Eye Color Age:
3 0 M 510 200 MEDIUM MEDIUM | BLACI
Race: Ethnicity: SSN: licanca (# Mlace Statal
Related Offense(s):
Hispanic HISPRNC 09 0g BLACK STRAiGHT
Clothing Description: NCIC#. State ID #: Facial Hair: Speech: Teeth:
BLACK ALASK SWEATER, BLK PANTS, CAMO HAT CLEAN SHAVEN
Body Markings (Type, Location, Description):
Arrested: Suspects: Persons:
STAUFFACHER, JOSEPH 02213 07/24/2023 20:57:08
Reporting Officer ID # Date Reporting Officer Signature Assisting Officer Signature
Assisting Officer ID # Date
RICE, DWUAN 01760 07/25/2023 05:55:03
Reviewing Officer Signature
Reviewing Officer ID # Date
Page1 of L
000002 5/15
INCIDENT REPORT - NARRATIVE ol1°
Agency Name: ORI#: Report Date/Time: OCA#:
RIALTO POLICE DEPARTMENT CA0360900 07/23/2023 05:06:37 932308191 ASSIGNMENT:
On 07/22/2023, at approximately 2026 hours, I (Joseph Staffacher) was working uniformed patrol and driving a marked black and white Rialto PD patrol unit. I was dispatched to 660 W. Foothill Blvd at the WSS in reference to a report of unwanted subjects and an assault report.
AXON:
All recordings and statements were taken using my department issued axon body worn cam recordings and statements were later uploaded to evidence.com.
SUMMARY:
I was at the location conducting my investigation for the assault with the assistance of Offer De Schepper. The main suspect had spit food on an employee and had fled the location with another unknown male. There were 3 additional officers at the location investigating, separate crimes as the business had several thefts and an arson during the day.
CONTACT:
I contacted the reporting party/employee Annette inside of the store. The following is a summary of my contact with her. Annette had the surveillance footage ready to play as | arrived to the location.
She began to explain what had just occurred prior to myrarrival and prayed the video along with her statement. Annette stated two Hispanic males arrived store, together. One of the male's had a to-go box of food that he entered the store with
The male with the food walked into the clothing section and placed the box of food on top of a pile of clothes where a separate employee was folding the merchandise. Annette politely asked the unknown male not place his food on top of the clothing and asked that he sit down and eat the food at a nearby bench. Annette was showing the male lenfency as the store had a no food policy that was posted on the front entrance.
The male became agitated with employees and started to throw food around the store. The ne store while employees caked for police assistance. While speaking with the dispatch center, bot if the male walked back into the store and began to argue with emplavees. While arguing wit employees, the maje with the food spit a large piece of shrimp at the manager Nicandra Barajas. The incident was clearly seet on surveillance as observed a large projectile coming from the male's mouth and hitting Barajas' lower abdomen. Barajas did not sufferer any injuries as a result of the assault. The suspect and the other Hispanic male exited the store together and fled in an unknown type vehicle.
INVESTIGATION:
Page3 of 7
000004 6/15
INCIDENT REPORT - NARRATIVE 110°
Agency Name: ORI#: Report Date/Time: OCA#:
RIALTO POLICE DEPARTMENT CA0360900 07/23/2023 05:06:37 932308191 I continued to review the surveillance footage to attempt to identify the suspect and the vehicle they fled in. The male who spit on Barajas appeared to be a Hispanic male, approximately 30 years of age, 5'10 and 230lbs. The male had long black hair and was wearing a black tank top. The second male also appeared to be a Hispanic male in his 30's. The male was approximately 5'10 215lbs wearing a black Alaska sweater and black pants with a dark hat.
Employees informed me the head manager to the store would recover the surveillance footage and contact the department when it was ready for pickup. A video was recorded of the incident and uploaded via the Axon application.
SUSPECT CONTACT:
While continuing to review footage, the second male who was also kicked out ofthe business returned to the stare. The business did not want any further incident and did not want the heale in the store to prevent any further issues. The male was wearing the same Alaska sweater as the first time Nava stated he was in a rush and needed to get shoes and Nava's behavior was immediately alarming and evasive. He portinued to try and walk away during my contact with him. Despite the temperatures being over 100 degrees during the day. Nava was wearing several articles of heavy clothing that could potentially canceal weapons on his person. I asked Nava where did the other male go. Nava stated that he did not know and he took off in a vehicle. Nava stated he was brought to the location by a subject by the name of Isiah. I asked Nava if endane stated that he had taken off with him but then told the male to drop him off.
Nava appeared to have more information regarding the male as was just been inside of the vehicle with the suspect. However, Nava appeared hesitant to come forward with the information. I continued to speak with Nava so that I co Cild potentialy identify the male that he was with and the possible whereabouts of said male asked Nava for his identifying information and he provided me with his first name. I asked for Nowa's last name to which he stated he did not need to give his last name.
Seeing that Nava was continue to fot be cooperative, i stated clearly to Nava that he was being detained and that be was not going to shop for shoes. Nava stated "I ain't got nothing to do with you".
Nava stated "I'm gonna get my shoes" and then again louder and more aggressively as he began to again stated he was going to ge the stucs aNd ag it old him the he was at go was ase. ava police radio to contact Officer De Schepper to come to the front of the store to assist with Nava as I believed that he was going to flee.
Nava immediately began to walk away and once again stated he was going to get his shoes. I told Nava to stay where he was 2 separate times as he continued to walk away and ignored each command. Nava again stated he was going to get his shoes and turned and faced me while telling me Page4 of 7
000005 7is
INCIDENT REPORT - NARRATIVE
Agency Name: ORI#: Report Date/Time: OCA #:
RIALTO POLICE DEPARTMENT CA0360900 07/23/2023 05:06:37 932308191 to not touch him. ordered Nava to turn around to which he ignored and placed his hands up and extended his arms to prevent me from detaining him and again stated "don't touch me". ! went to grab Nava's left arm and wrist so that I could detain him and prevent his escape. Nava immediately moved his arm so that I could not gain control of him. Nava's continuous evasive and uncooperative behavior led me to believe that he could be armed with a weapon and that was why he would not let me get close to him. As I again went to grab Nava, he grabbed my right arm and peshed it off and away.
While Nava did this, he also threw his left shoulder forward and into my body whilst pushing off with his left arm. When he did this, I was able to grab ahold of his left arm to gain control g him. Wanting to take Nava into custody as quickly as possible, I decided to leg sweep Nava. I placed my leit leg behind Nava's legs pushed him forward and swept him onto the ground. As we fell down onto the ground, Nava immediately began trying to push me off of him. Nava's continuous physical desistance led me to belleve he would continue to fight and try to escape no matter what Nava continued to tense his body while trying to push me off of him. In order to overcome his resistance immediately punched Nava in the face with my right fist once to try and end the resistance With this strike I was able to stun Nava and began to try and turn him over onto his stomach as he continued to physically resist being detained. As this was occurring Officer Be Schepper arrived to assist. While Nava continued to actively resist, I was able to get high onto his side where Officer De Schepper was able to utilize his TASER 7 to assist in taking thermale into custody (Refer to his supplemental report for his actions). This proved effective as we were finally able to overcome Nava's resistance and take him into custody without any fur adent.
ARREST:
I placed Nava under arrest for PC 69. I handcuffed Nava, checking for proper fitting of the handcuffs and double-locked them. Once safely detained removed the Taser darts to prevent any further possible injury to Nava.
INJURIES:
Nava had no visible injuries on his face as a result of the punch. The dart punctures were photographed and uploaded toreviderce.com. The Rialto Fire Department arrived on scene and assessed Nava's condition. Nava Presented no serious concerns.
I did not suffer ly injuries as a result of the incident.
STATEMENT:
The following is a summary of Nava's statement. I read Nava the Miranda Warning from my department issued card. Nava stated that he understood his rights and that he was willing to speak with me. I asked Nava if he had observed that I was a police officer and that he clearly saw my uniform to which he confirmed yes to both. I asked if Nava heard me clearly tell him that he was detained and he again stated yes.
Page5 of Z
000006
15 INCIDENT REPORT - NARRATIVE
allo
Agency Name: ORI#: Report Date/Time: OCA#:
RIALTO POLICE DEPARTMENT CA0360900 07/23/2023 05:06:37 932308191 Nava stated he didn't know why he was detained and that he didn't have anything to do with the incident involving the other male. Nava only identified the male as "Jose" and did not give any other identifying information for the male. Nava told Jose to give him a ride home and he told Jose to get out of there because that was disrespectful. Nava then borrowed a car from another friend from after he was dropped off by Jose.
Nava stated he returned to the store so that he could go get shoes and that he was in a rush. Nava then went on to say that it was all irrelevant. I asked Nava if that was the case then why die he not listen to my commands and cooperate. Nava stated he gets nervous around law enforcement.
I asked Nava why he would walk away and physically push off of me when I tried to detainshim. Nava stated he didn't really know and that self-defense kicked in. When I was talking tochim abeut the push off, Nava admitted that he did and also made motion with his left shoulder throwing it forward and admitting to "shoulder checking" me. I told Nava that I only needed to talk to him about the Jose suspect and needing to further investigate the assault and then he woulgive been free to leave he stated "my bad man". No further questions were asked of Nava. No further information was acquired regarding the potential identification of the Jose suspect from Nava WITNESS STATEMENT: Ricardo Soto
¡Soto was an employee with WSS and witnessed the incident with Naya. The following is a summary of his statement. I asked Soto what he observed during the incident with Nava. Soto stated he was showing me the surveillance footage of the assault from carlier when Nava walked into the store.
Soto stated he observed me speaking with Nava and stated Nava was acting defensive while I spoke with him. Soto heard Nava saying he didn't do anything ret stated | was having simple conversation with Nava and heard me tell Nava that he wasndetained. Soto heard Nava state "no" when told he was being detained and that he was going to get his shoes.
I then told Nava that he was not shopping and that he was detained and that he needed to came speak with me regarding Nava's fend that left Soto stated Nava was very defensive and was trying to run away when I was trying to detain him Soto witnessed Nava trying to push off of me and physically resisting as I attempted to take him into custody. I asked if Soto had heard any commands given to Nava and he had heard me tell Nava to stop and to put his hands behind his back. Soto stated | continued to tell Nava to give me his hands and then went on to say that I was giving Nava Soto stated he felt like Nava Was giving excuses in regards to the information about the suspect Jose.
ARMC:
Nava was taken the hospital where he was later medically cleared for booking.
DISPOSITION:
Case cleared by arrest. Additional follow up will be conducted to attempt to identify the suspect for Page _of Z
000007 115
INCIDENT REPORT - NARRATIVE
Agency Name: ORI#: Report Date/Time: OCA #: 10/10
RIALTO POLICE DEPARTMENT CA0360900 07/23/2023 05:06:37
932308191
the assault, Jose.
RECOMMENDATION:
Please forward a copy of this report and its attachments to the San Bernardino County District Attorney's office for review and filing.
DEFENSE COPY
Page? of 7
000008 1015
INCIDENT SUPPLEMENT REPORT
Ш Agency Name: ORI#: Report Date/Time: OCA#:
RIALTO POLICE DEPARTMENT CA0360900 07/24/2023 17:59:00 932308191 Incident Start Date/Time: DOW: Report Type Case Screening: Г CHP 180
07/22/2023 20:26:35 Saturday SUPPLEMENT Г Total Loss
Incident End Date/Time: Internal Incident Status: Serialized Property • Hate Crime • Evidence Collected Г Gang Related $0.00
Г PC 293 Sex Crime Г Domestic Viol.
Incident Location: Secondary Location:
660 W FOOTHILL BLVD RIALTO CA 92376-
Case Description: UCR Status: All Other Reporting Area:
AXON Operation Method:
Penal Code: UCR Code: F/M: Penal Code Description: Counts: Comp/Att:
Ш Structure TOD: Bias Motivation: Offense Location:
Weapon Used: Situation Code: Prémise:
Penal Code: UCR Code: F/M: Penal Code Description:
Counts:
Comp/Att:
Structure TOD: Bias Motivation: Offense Location:
Weapon Used: Situation Code: Premise:
I Person Name: Phone: Cell Phone:
Г Business
Address (Street, Apt., City, State, Zip): Pager:
= Involvement Type (Person): Victim Type (Business):
Domestical LEOKA Activity: LEOKA Assignment:
Violence
Occupation: Employer: Employer Address Employer Phone:
VIC
Relationship to Offender (Person): DOB: Sex: Height: Weight: Injury Type:
Minor Injuries Г Unconscious
Race: SSN: Internal injuries Teeth Injury
Ethnicity: License Class, State): Related Offense(s):
Lacerations Г Bone Injury
Other Injuries None
Suspect #1 Name: Phone: Cell Phone: Pager:
Address (Street, Apt., City, State, Zip Occupation: Employer:
Suspect Forced Victim: Primary Action: Employer Address: Employer Phone:
Solicited/Offered: Suspect Force: BOB: Age: Sex: Height: Weight: Build: Complexion: Eye Color:
Race: Ethnicine SSNE License (#, Class, State): Related Offense(s): Hair Color: Hair Length: | Hair Style:
Clothing Description. NCIC #: State ID #: Facial Hair: Speech: Teeth:
Body Markings (Type, Location, Description):
Arrested: Suspects: Persons:
DE SCHEPPER, MARTIN 01945 07/24/2023 17:59:13
Reporting Officer ID# Date Reporting Officer Signature
Assisting Officer Signature
Assisting Officer ID# Date
RICE, DWUAN 01760 07/25/2023 04:23:23 Reviewing Officer Signature Reviewing Officer ID# Date
000009 11/5
INCIDENT SUPPLEMENT REPORT - NARRATIVE
Agency Name: ORI#: Report Date/Time: OCA#:
RIALTO POLICE DEPARTMENT CA0360900 07/24/2023 17:59:00 932308191 ASSIGNMENT:
On 07/22/23 I, Officer M. de Schepper was working as a uniformed patrol officer for the Rialto Police Department. At Approximately 2045 hours | responded to 660 W Foothill Blvd. (Warehouse Shoe Sales) reference an assault investigation at the location.
SYNOPSIS:
The original call for service was regarding an assault that occurred at the business in which the victim was requesting prosecution against the suspect who had yet to be identified. In that incidentsa hispanic male adult was eating food inside the business and intentionally spat his food out of his mouth which struck the employee in the face. He fled the business shortly after with two other subjects who appeared to be known to him. Officer Stauffacher and I arrived at the business to investigate this incident.
At the same time we were investigating this crime, three additional officers were inside the business investigating two other incidents that occurred earlier that day. The result of the multiple criminal investigatrons resulted in five police cars being parked outside the business andsfive officers already inside the business.
Officer Staffacher was reviewing surveillance video at the front door with an employee while I was waiting to review the surveillance video of exterior cameras using a computer in the office of the business. Because there were so many officers at the locatioh, I was the third officer in line to review these specific cameras.
SUBJECT CONTACT:
While waiting in the rear of the store, Officer Startacher contacted me via my police radio and requested I come to the front of the store. As I began walking towards the front of the store, I noticed several employees were fixated on something curing hear the front of the business.
As I walked closer to the main entrance, I suddenly saw Officer Stauffacher and a hispanic male adult fall to the ground in a physical fight in between twordisles of clothing and shoes. As the two fell to the ground I watched as the hispanic male attempted to push officer Stauffacher off of him followed briefly by Officer Stauffacher punching him once in the face. Because of our extremely close proximity to several citizens and the obvious physical resistance occurring by the hispanic male, I deployed my TASER 7, a conducted energy device " (CED).
I hovered the device siproximately one inch above the male's right shoulder blade and fired a single cartridge into the male's back. Then quickly moved the device towards the center of his lower back and while hovering approximately one to two inches from his back, deployed a second cartridge into his lower back. Each cartridge confains two darts and deploy as a set during each trigger pull of the device. I specifically chose to deploy the device in this manner to mitigate the risk of unintentionally contacting Officer Stauffacher who was still struggling with him. The use of two sets of darts also increases the probability that a complete connection will remain intact during a physical altercation in which the suspect was physically moving.
Immediately upon deploying the device | observed obvious neuro muscular incapacitation occurring which caused the male to inadvertently lose the ability to contral the major muscle groups in his upper body, back, and both of his arms. This is the intended result.
Page? _of 4
000010
INCIDENT SUPPLEMENT REPORT - NARRATIVE
Agency Name: ORI #: Report Date/Time: OCA#:
RIALTO POLICE DEPARTMENT CA0360900 07/24/2023 17:59:00 932308191 I allowed the device to run for a complete five second cycle and at the end of the cycle | observed a clear and distinct return of control to the male's muscles. I watched his arms go briefly limp before immediately regaining the ability to control them without issue. I gave several commands instructing the male to lay on his stomach. I gave him several moments to comply with my instructions which he eventually did without further issue.
The male was placed into handcuffs and briefly kept on the floor whilel I documented the CED depioyment and prepared to remove the TASER darts. It should be noted as this time I discovered the male was wearing mutiple pairs of pants in addition to a long sleeve shirt. When I asked him whi he had two pairs of pants on he claimed he had just returned from Alaska where it was cold.
It should be noted during this incident the outside temperature was approximately 80 degrees. The temperature during the daytime was over 100 degrees. Despite recently returning from Alaska, a normal person would have removed at least one pair of pants due to the high temperatures ledong me to believe the male had arrived at Warehouse Shoe Sale just moments before closing while wearing multiple pairs of pants because he had ill-intent.
Officer Stauttacher would later remove all four darts. I inspected all four removed darts and confirmed they were each fully intact with no missing pieces, indicating there were no barbs from the taser dart left inside the male's skin.
| inspected the CED deployment log which documents the notion, of the CED during its use. The CED was deployed at 20:53:48, was active for 5.305 seconds, and unctioned at 44 pulses per second for th entirety of the deployment. The stim voltage was approsinately 3000 Volts for the entire five seconds o the deployment. There were no abnormalities and potioned as expected.
INJURIES:
The male sustained four punctures to hissback as a-estilt of the TASER dart impacts. (2) Dart impacts on his right shouldet blade, approximately 1" apart. (2) Dart impacts center on histower back, approximately 3" above his waist line, approximately 1" apart.
The male was later inspected by Rialto Fire Department Paramedics who found no issues of note.
EVIDENCE:
I photographed ne impact sites and uploaded them to Evidence.com Body worn camera Cald o was uploaded to Evidence.com
TRAINING AND EXPERIENCE:
POST certified as a handgun / rifle instructor and rangemaster for the Rialto Police Department.
TASER conducted energy weapon MASTER instructor
Station armorer certified by the San Bernardino County Sheriffs Department.
Page3 of 4
000011
INCIDENT SUPPLEMENT REPORT - NARRATIVE
Agency Name: ORI#: Report Date/Time: OCA #:
RIALTO POLICE DEPARTMENT CA0360900 07/24/2023 17:59.00 932308191 Rialto Police Department Use of Force instructor
EVIDENCE:
Body worn camera video and photos were uploaded to Evidence.com RECOMMENDATION:
Attach to original report.
EFENSE COP
Page of 4
000012 14/0
STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
JUS 8715
(Rev. 01/2023) Page
ADULT DISPOSITION OF ARREST AND COURT ACTION Corrected Copy
SUBJECT INFORMATIOI
Name (Last, First, Middle) CIl Number
NAVA, RAYMOND ALBERT A27218307
Social Security Number Moisenda l inner-ID Number -Bi Numbe Height Sex Race 28126LC0 510 M H
LAW ENFORCE
Arrest/Cite Date (mm/dd/yyyy) Arresting Agency Booking Agency 07/23/2023 RIALTO PD RIALTO PD
Live Scan Booking Number Citation Number Crime Report Number Remarks 2307341848 932308191
Chrg Level On View
Arrest Charge In-County Out-af-County Release T Bate Reason for (Section/Code) Warrant Number Warrant Number Release Code 69(A)PC
4 Type of Event: X Arrest • Citation • Letter/Notice to Appear Sourt Or ed Bogang *PROSECUMON
Date (mr/dd/yyyy) Reason for Rejection/Referred Cades Origina Court Judicial Crict Number Original Court Case Number 1203.2 PC - In Lieu of Filing
Chrg 1 Chrg 2 Chrg 3 Chrg 4 All Chrgs
Refled - Original Case
Dismissed
Date Filed (mm/dd/yyyy) Judicial District Number File Number Consolidated File Number Chrg File Level Final Plea Disposition Disposition Date Charges and Enhancements at Disposition Degree Disposition Level Not (mm/dd/yyyy Section/Cade)
Conv Dism Cert
Nolo Acq Guilty/
by Trial Code Juv
Insane
4 PROCEED VES SUSPENDED
Date (mm/dd/yyyy) Bench Warrant Issued 707.2 WI - 90 Day Observation 1368-1370 PC - Found Mentally Incompetent - Committed Diversion 1203.03 PC - 90 Day Observation 3050 WI - Narcotics Commitment 1000-1000.5 PC - 3ing Cr. osam / DEJ •DEJ/ Other 3051 WI - Narcotics Commitment Date (mm/dd//vy/) 290.006 Discretionary Reg Condition deprobation Other Remarks Tier 1 O Tier 2 CB Prohibited
Drug Treatment Prooram
• Tier 3 -298:5/3L PC •.1210.1 PC (Prop 36) • 1170(h) PC Reduced
Chrg 290 REG Fine Rstn Jail or Fine Conc Cons Vol Wrk Costs DJJ Prison Sentence Information to
Misd.
Internet Ip
Days Susp Total Fixed Tem
Rem Days x Days Susp Stayed To be served:
Susp (All Charges)
Years Months • Concurrently
•Consecutively
3 W/Case Number:
4 Suspended
ADHONISHMENTS ANER
(Required for Canviction) (Required for "Guilty" or "Nolo" plea) Yes No
Defendant waived counsel • Defendant represented by counsel Defendant was advised of and understood:
CLERK OF THE COURT'S CERTIFICATIOI • Charges and direct consequences of plea i certify that the foregoing is a correct abstract of the disposition of arrest and court action in this case. Defendant was advised of, understood, and waived:
(Certification required for conviction) • Privilege against compulsary self incrimination Legibly Printed or Typed Name Date (mm/dd/yyyy) • Right to confront and cross examine witnesses • Right to trial by jury
Court found admission was knowledgeable, intalligently made, Title County and voluntary
Defense counsel concurrent in defendant's admission
COPIES: DOJ - Red; ARREST AGENCY - Blue; COURT - Green
000042