I N T E R O F F I C E M E M O R A N D U M

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1 I N T E R O F F I C E M E M O R A N D U M DATE: October 7, 2016 FROM: TO: Lynette Grulke, Deputy District Attorney Rancho Cucamonga Office Terry Brown, Supervising Deputy District Attorney Rancho Cucamonga Office Bruce Brown, Chief Deputy District Attorney West Valley Division Mary Ashley, Assistant District Attorney West Valley Division Michael A. Ramos, District Attorney SUBJECT: Officer: Officer Involved Shooting (Fatal) Deputy Jonathan Franco San Bernardino County Sheriff s Department Deputy Osvaldo Hernandez San Bernardino County Sheriff s Department 1

2 Sergeant Michael Lewis San Bernardino County Sheriff s Department Detective James Lisner San Bernardino County Sheriff s Department Detective Joseph Parker San Bernardino County Sheriff s Department Deputy Cory Reveles San Bernardino County Sheriff s Department Deputy John Vega San Bernardino County Sheriff s Department Involved Subjects: Ernesto Flores (Deceased) Date of Birth 06/14/62 Montclair, CA Date of Incident: April 15, 2015 Incident location: ***** Chico Avenue Montclair, CA DA STAR #: Investigating Agency: Case Agent: San Bernardino County Sheriff s Department Detective Christine Kirby DR #: H #: PREAMBLE This was a fatal officer involved shooting by officers from the San Bernardino County Sheriff s Department. The shooting was investigated by the San Bernardino County Sheriff s Department. This factual summary is based on a thorough review of all the investigative reports, photographs, and audio recordings 1 submitted by the San Bernardino County Sheriff s Department, DR# and H# Recordings of witness interviews conducted in Spanish were not reviewed. Police reports summarizing those witness interviews were relied upon instead. 2

3 PRINCIPAL INVOLVED PARTIES Ernesto Flores, DOB: 06/14/62, of Montclair, California was killed during the incident under review. Deputy Jonathan Franco of the San Bernardino County Sheriff s Department was an officer involved in the shooting of Ernesto Flores. Deputy Osvaldo Hernandez of the San Bernardino County Sheriff s Department was an officer involved in the shooting of Ernesto Flores. Sergeant Michael Lewis of the San Bernardino County Sheriff s Department was an officer involved in the shooting of Ernesto Flores. Detective James Lisner of the San Bernardino County Sheriff s Department was an officer involved in the shooting of Ernesto Flores. Detective Joseph Parker of the San Bernardino County Sheriff s Department was an officer involved in the shooting of Ernesto Flores. Deputy Cory Reveles of the San Bernardino County Sheriff s Department was an officer involved in the shooting of Ernesto Flores. Deputy John Vega of the San Bernardino County Sheriff s Department was an officer involved in the shooting of Ernesto Flores. SCENE This incident occurred on April 15, 2015, at around 1135 hours. Location of occurrence was ***** Chico Avenue in the unincorporated county area of the City of Montclair, California. FACTUAL SUMMARY On April 15, 2015, at around 11:35 in the morning, Ernesto Flores was at his residence at ***** Chico Avenue in the City of Montclair, California. For an unknown reason, Flores became very upset and started breaking windows and damaging property inside the residence. Flores daughter, Witness #1, went to the residence to try and calm Flores down. Flores remained upset and made several statements to Witness #1 3

4 regarding wanting to end it all and being done. Witness #1 saw Flores with a BB gun. Flores made statements to Witness #1 about blowing up the house or burning the house down. Flores turned on the gas stove in the kitchen and left the gas on. Witness #1 left the house and called 911 for help with Flores. Witness #1 told the dispatcher that Flores had a BB gun and that Flores may possibly be under the influence of drugs and/or alcohol. Deputies from both the Fontana Sheriff s Station and the Chino Hills Sheriff s Station responded to the call for service. When deputies arrived at the location they attempted to negotiate with Flores. Deputy Jonathan Franco attempted to speak to Flores in Spanish. Deputy Franco told Flores to come out of the residence with his hands up. Deputy Franco could hear Flores inside the house rambling about his marriage and his relationship with his children. Flores made statements to Deputy Franco that he wanted to blow up the house and said that if anybody approached him he would kill them too. At one point Deputy Franco approached the residence to try and see where Flores was inside the house. When Deputy Franco looked through a broken window, Flores pointed a long gun, possibly a rifle at Deputy Franco. When Deputy Franco moved his head and backed away from the residence he heard a click, click which Deputy Franco believed was dry-fire. Deputy Franco believed Flores had a real gun. Deputy Franco continued to try to get Flores to come out of the house but Flores would not cooperate. Flores told Deputy Franco he wanted to kill himself. Attempts were made to contact Flores on his cell phone but they were unsuccessful. Additional deputies arrived at the scene and there was concern over Flores threat to blow up the house. A plan was formed for a small group of deputies to locate the gas valve and shut off the gas to Flores house. Other deputies went door to door and evacuated neighbors from the nearby residences. The deputies were unable to shut off the gas to the house. Deputies started to smell smoke. Soon the deputies saw smoke and flames coming from Flores house. Flores exited the house through the front door. Flores was holding a knife and what appeared to be a long rifle in his hands. The deputies at the scene believed Flores had a.22 caliber rifle and not a BB gun in his hands. Deputy Osvaldo Hernandez ordered Flores in Spanish to drop the weapon. Deputy Hernandez repeated his commands several times but Flores refused to comply. Deputies fired less lethal beanbag rounds at Flores in an attempt to get Flores to drop the rifle. The beanbag rounds struck Flores but Flores kept a hold of the rifle. Deputy Hernandez continued to order Flores to drop the weapon but Flores would not comply with the commands. Shortly after the beanbag rounds struck Flores, Flores pointed the rifle directly at a group of deputies with his hand on the trigger. Several deputies then discharged their firearms at Flores. Flores was struck by the gunfire. A small group of deputies approached Flores and pulled him away from the house which was still on fire. The 4

5 deputies moved Flores to a safer location and immediately started to render first aid. Sergeant James Haynes and Deputy Robert Hoag administered cardiopulmonary resuscitation (CPR) compressions on Flores. Fire personnel arrived on scene and transported Flores to Montclair Medical Center where he was pronounced deceased. WITNESSES AND CORROBORATION On April 15, 2015, at approximately 5:34 in the evening, Witness #1 was interviewed by Detective Christine Kirby. On April 15, 2015, Witness #1 received a phone call from her grandmother, Witness #2, indicating her father, Ernesto Flores, was not having a good day. Flores was breaking things in the house. Witness #1 drove to Flores house at ***** Chico Avenue and noticed the furniture in the living room was turned over and items were broken in the house. Flores did not want to talk to Witness #1. Flores kept telling Witness #1 he was done with everything. Flores told Witness #1 he was going to turn on the gas. Flores kept telling Witness #1 he was done. Later, Flores told Witness #1 he was going to blow himself up. Flores told Witness #1 to get out of the house. Witness #1 left the house and called 911. Witness #1 told the dispatcher that Flores had a pellet gun and there were no other guns in the residence. When deputies from the San Bernardino County Sheriff s Department arrived, Witness #1 spoke with two separate deputies about Flores. One of the deputies, who spoke Spanish, said he saw the gun and knew it was a pellet gun. Deputies tried to contact Flores with Witness #1 s cell phone but Flores would immediately hang up. Witness #1 heard the Spanish speaking deputy order Flores to come out and not to make anything worse. Deputies told Flores to come out with his hands up. Witness #1 heard Flores reply by asking deputies to leave. Witness #1 saw Flores exit the house with his hands up. Deputies then shot Flores with rubber bullets. Within seconds, Witness #1 heard what she described as fireworks, and knew those were not rubber bullets. Witness #1 did not see deputies shoot Flores. On April 15, 2015, at approximately 6:01 in the evening, Witness #3 was interviewed by Detective Ryan Smith. On April 15, 2015, Witness #3 lived at ***** Chico Avenue with her mother, Witness #4, and her father, Ernesto Flores. That morning, Flores woke up in a bad mood. Flores was struggling with multiple medical problems. The two argued that morning over tools. 5

6 At around 11:00 in the morning, Witness #3 received a phone call from her sister, Witness #1, who told her that Flores was breaking items inside the residence. Witness #3 left work and returned home. When Witness #3 returned to the neighborhood, deputies were already there and had blocked off the street. Witness #3 spoke to multiple officers from Montclair Police Department and the San Bernardino County Sheriff s Department to explain Flores anxiety levels when confronted by police. Witness #3 told the officers that Flores may be under the influence of anti-depressants and pain killers. Witness #3 told officers that Flores needed to know that he was going to be okay. Witness #3 was upset she could not see anyone trying to talk to Flores. Witness #3 also told officers that Flores had a pellet gun. Witness #3 heard officers talking to Flores. She heard officers tell Flores to come out and other indistinguishable phrases. Witness #3 believed many of the phrases were in English. On April 15, 2015, at approximately 10:02 in the evening, Deputy Jonathan Franco was interviewed by Detective Grant Ward and Detective Gary Hart. On April 15, 2015, Deputy Franco was assigned to patrol at the Chino Hills Station. Deputy Franco was wearing a San Bernardino County Sheriff s Department class A uniform. On that date, Deputy Franco was dispatched to a call for service reference a subject, later identified as Ernesto Flores, who had turned on the gas inside of the residence and threatened to kill himself. When Deputy Franco arrived at the scene he spoke with one of Flores daughters. She told Deputy Franco that Flores was inside the house and that he was holding a BB gun. Flores daughter said the gas was on inside the house and Flores threatened to kill himself. Deputy Franco and Deputy Robert Hoag approached the residence. Deputy Franco gave Flores commands in Spanish to come out with his hands up. Deputy Franco could hear Flores inside the house rambling about his marriage and his relationship with his children. Flores sounded upset. Deputy Franco told Flores it was not worth killing himself. At times, Flores would respond to Deputy Franco. Flores made statements that he wanted to blow up the house and said if anybody approached him he would kill them too. Deputy Franco was afraid for the safety of him and his partner and moved to a safer location until other deputies arrived. Deputy Franco kept trying to talk to Flores. Flores continued to ramble and make statements about blowing up the house. Deputy Franco, Deputy Hoag, and Deputy Noel Negron then started to evacuate the surrounding houses. Deputy Franco approached the house to try and locate specifically where Flores was inside the house. Deputy Franco could see a broken window. Deputy Franco heard Flores inside and moved the curtain to see where Flores was. Flores pointed a long 6

7 gun or rifle in Deputy Franco s direction. Deputy Franco moved his head out of the way and heard a click, click. Deputy Franco believed Flores had a real gun and the click, click was a dry fire; a dry fire is when a person squeezes a trigger on a firearm that has no rounds in it and it makes a clicking sound. Deputy Franco backed away from the house and moved to the side of a truck for cover. Deputy Franco continued to try to talk to Flores and get Flores to come out of the house and show his hands. Flores would not cooperate. Flores would tell Deputy Franco that he was going to kill himself, there was nothing Deputy Franco could say or do that would help, and he wanted to die. Additional units arrived at the scene. Sergeant Michael Lewis asked Deputy Franco to assist with trying to get Flores on the phone. Deputy Franco and Sergeant Lewis left the immediate area and tried to call Flores on his cell phone. Flores hung on the deputies each time they tried to contact him. Deputy Franco heard somebody over the radio say Flores was walking out of the house and he had a rifle. Deputy Franco ran back to the scene and took cover by a dumpster. Deputies fired beanbag rounds at Flores and ordered him to drop the rifle. Flores held onto the rifle and pointed it in the direction of deputies. It appeared to Deputy Franco that Flores was holding a.22 rifle and not a BB gun; the stock had a wooden stock like a real rifle and Deputy Franco did not see an orange tip. Additional beanbag rounds were fired at Flores and Flores fell down on the porch. Flores muzzle-swiped Deputy Franco and Corporal Quentin Holiday. He would point the rifle in their direction, in a southern direction, and then point the rifle back at deputies. Deputy Franco was afraid Flores would shoot him. During this entire time, deputies were ordering Flores to drop the rifle but Flores refused to comply. More beanbag rounds were fired at Flores while he was down on the porch. Deputies ordered Flores to drop the rifle but Flores continued to hold onto the rifle. Flores told the deputies they would have to shoot Flores in the head. Flores started to raise the muzzle of the rifle. Flores was laying on his right side and had the stock of the rifle into his shoulder. Flores pointed the rifle directly at a group of deputies behind a dumpster. Deputies, including Deputy Franco, ordered Flores to drop the gun. Deputy Franco feared for the safety of his partners and believed his partners were about to be shot. Deputy Franco fired his weapon at Flores. Deputy Franco heard other gunfire when he fired one round at Flores. Deputy Franco was approximately twenty feet away from Flores when he fired his weapon. Flores appeared to drop the rifle. Deputy Franco, Corporal Holiday, and Sergeant Haynes approached Flores on the porch. The house was on fire and there was a lot of smoke and heat coming from the residence. They moved Flores away from the burning house and started to render medical aid. Deputy Hoag started CPR compressions on Flores. Paramedics had already been staged at the scene and arrived shortly after. 7

8 On April 15, 2015, at approximately 10:15 in the evening, Deputy John Vega was interviewed by Detective Patty Ruiz and Detective Charles Phillips. On April 15, 2015, Deputy Vega was part of the Multiple Enforcement Team assigned to the Chino Hills Sheriff s Station. Deputy Vega was wearing plain clothes with a green tactical vest marked with sheriff in yellow writing on the front and back and a cloth badge sewn on the upper left chest. On that date, Deputy Vega had returned to his patrol unit when he heard a sheriff s deputy from Chino Hills advise dispatch that he was going to respond to a call for service in the Fontana area. The reporting party stated there was a subject, later identified as Ernesto Flores, threatening to burn down the house and would be combative. Deputy Vega was headed back to the station when he heard a deputy advise responding units that Flores said he would shoot or kill anybody that tried to contact him. Deputy Vega decided to assist on the call for service and responded to the residence on Chico Avenue. While in route to the location, Deputy Vega heard deputies advise Flores was going to try to blow up the house. When he arrived at the scene, Deputy Vega parked his patrol unit and took the Mini-14 rifle with him. Deputy Vega saw Deputy Jonathan Franco near the front porch of the residence. Deputy Franco was yelling towards the house in Spanish. Flores was yelling back out of the house in Spanish. Flores sounded upset and angry. Deputy Vega does not speak Spanish so he did not know what Flores or Deputy Franco were saying. Deputy Vega positioned himself in behind a dumpster in front of the house. Deputy Vega asked Deputy Franco from time to time what Flores was saying. Deputy Franco told Deputy Vega that Flores kept saying he was going to blow up the house, that Flores could see the deputies, and that the fire was coming. Deputy Osvaldo Hernandez arrived at the scene and took over Deputy Vega s position. Deputy Vega handed Deputy Hernandez his rifle. Deputy Vega moved and took a position near the front right passenger portion of a large truck parked near Flores house. Deputy Franco mentioned to Deputy Vega that he believed Flores had a rifle and had pointed it at deputies before Deputy Vega arrived at the scene. Flores kept screaming and yelling. Deputy Vega felt Flores was getting more agitated and was worried Flores was going to blow up the house. Deputy Vega went to the house directly south of Flores home to evacuate anyone that may be inside. Deputy Vega was pulled off the perimeter to be possibly be part of an entry team. A plan was formed to locate the gas line to the house and shut the gas off. The group of deputies were unable to shut the gas off. Deputy Vega saw smoke and flames coming from the house. Deputy Vega could hear glass breaking and Flores was still yelling from inside the house. Deputy Hernandez started yelling, He s coming out. He s coming out. 8

9 Flores was standing on the front porch holding a rifle in his hands. Deputy Vega thought the gun was real and looked like a hunter s rifle. Flores walked back and forth on the porch. Flores would move the rifle up and down and swing it in different directions. Deputy Vega moved just north of Deputy Hernandez and used a shield as cover. Deputy Vega was afraid Flores was going to shoot the deputies. Deputy Vega was afraid for his safety and the safety of his partners. Deputy Hernandez yelled in Spanish for Flores to drop the gun. Deputy Hernandez told Flores the deputies did not want to hurt Flores and did not want Flores house to burn down. Flores refused to drop the rifle. Deputy Vega heard someone yell, Beanbag. Deputy Flores then heard a series of beanbag rounds fired at Flores. The beanbag rounds were ineffective. Flores still held onto the rifle. It appeared to Deputy Vega that the beanbag rounds may have made Flores more agitated. Flores pointed the rifle in the direction of Deputy Vega. Flores would alternate pointing the gun at the deputies near the dumpster and pointing the gun at the deputies near the large black truck. Flores fell down on the porch when he was struck by additional beanbag rounds. Flores did not drop the rifle when he fell. Flores still had both hands on the rifle. Flores started to get more upset. He refused to drop the rifle and pointed it in Deputy Vega s direction. Deputy Vega thought he was about to be shot and fired one round at Flores. Additional beanbag rounds were fired at Flores while he was down on the porch. Deputy Hernandez pleaded with Flores to drop the weapon but Flores refused to comply. Deputy Vega could see the upper portion of Flores body and the rifle. Flores rolled to his right shoulder. The butt end of the rifle was on Flores right shoulder. Deputy Vega saw Flores move the rifle up and point it towards the deputies across the street. Deputy Vega was looking right down the barrel of the rifle. Deputy Vega was scared he was about to be shot and fired at Flores. Deputy Vega estimated he fired seven to eight rounds at Flores. Flores was approximately twenty five to thirty feet away from Deputy Vega when Deputy Vega fired his weapon at Flores. A small group of deputies approached Flores on the porch. The deputies pulled Flores away from the house which was still on fire at that time. One of the deputies then started CPR on Flores. On April 15, 2015, at approximately 5:36 in the evening, Deputy Cory Reveles was interviewed by Detective Patty Ruiz and Detective Charles Phillips. On April 15, 2015, Deputy Reveles was assigned as an acting detective position at the Fontana Sheriff s Station. Deputy Reveles was wearing plain clothes and a green tactical vest marked with sheriff in yellow writing on the front and back along with a cloth badge sewn on the upper left chest. Deputy Reveles was in the detective bureau when Sergeant Odebralski came in and asked if he could respond to a call for service of a barricaded subject, later identified as Ernesto Flores, at ***** Chico Avenue. On to the 9

10 way to the location, Deputy Reveles learned that Flores said he was going to blow up the house. When Deputy Reveles arrived at the location he was briefed about the situation. Deputy Reveles was told that the deputies on scene had heard a gun. Those deputies were not sure what it was but it sounded like it was dry-firing a gun. Deputy Reveles explained that dry-firing is when a person shoots a weapon with no ammunition in it and it makes a clicking noise. Deputy Reveles took position near a large black lunch type truck parked in front of Flores house. Deputy Reveles could hear Flores inside the house yelling and Deputy Reveles could hear things breaking. There was a plan formed to try and shut the gas off to the house. Deputy Reveles and the other deputies were unable to shut off the gas to the house. At that time, Deputy Reveles heard over the radio that a deputy could smell smoke. Deputy Reveles then heard the Flores was coming out of the house. Deputy Reveles took position near the front of the house. Deputy Reveles could see Flores had a rifle. The gun appeared to be real to Deputy Reveles. It did not look like a fake gun. Deputy Osvaldo Hernandez was giving orders to Flores in Spanish. Sergeant Michael Lewis told Deputy Hernandez to keep telling Flores to drop the gun and to keep telling Flores that the deputies did not want to hurt Flores. Deputy Hernandez kept telling Flores to put the gun down. Beanbag rounds were fired at Flores. Flores would raise the gun up and move his hand to the trigger. Deputy Reveles yelled out to the other deputies hey hands on the trigger, hands on the trigger. Flores refused to drop the rifle. Flores pointed the gun back and forth at the deputies. The deputies fired additional beanbag rounds at Flores who fell down on the porch. Flores was ordered to drop the weapon but Flores refused to comply. Flores would fumble with the rifle, put his finger on the trigger, and turned towards Deputy Reveles and then towards deputies to the south. Flores then started to raise the rifle up and point it towards Deputy Reveles. Deputy Reveles could see Flores hand was on the trigger. Deputy Reveles was afraid he and his partners were about to be shot and fired his weapon at Flores. Deputy Reveles estimated he fired four shots at Flores and that Flores was approximately twenty to twenty five feet away at the time of the shooting. After the shooting, a small group of deputies approached Flores. The deputies moved Flores away from the house which was still on fire at the time. Deputies then started CPR on Flores. On April 15, 2015, at approximately 10:15 in the evening, Deputy Osvaldo Hernandez was interviewed by Detective Michael Walker and Detective Ryan Smith. On April 15, 2015, Deputy Hernandez was assigned to patrol at the Fontana Sheriff s Station. Deputy Hernandez was wearing a San Bernardino County Sheriff s Department class A uniform and a green tactical vest marked with sheriff in yellow 10

11 writing on the front and back along with a cloth badge sewn on the upper left chest. Deputy Hernandez was at the Fontana Sheriff s Station when he heard on the radio information being broadcasted in regards to an incident taking place on Chico Avenue in the unincorporated area of Montclair. Deputy Hernandez asked dispatch to send him the call since there were not any Fontana units in the area. On the way to the location, Deputy Hernandez learned the subject, later identified as Ernesto Flores, was inside the house breaking things and that Flores may have a rifle. When Deputy Hernandez arrived at the location he saw other deputies taking cover behind a dumpster. Deputy Hernandez relieved Deputy John Vega and took a Mini-14 from Deputy Vega. Deputy Hernandez could hear items breaking and Flores yelling. At one point, Deputy Hernandez heard Flores yell in Spanish, I can see you out there. I can see you guys out there. Deputy Hernandez was called away from that location and told by his sergeant that they were going to get together a team to make entry into the house if needed. There was also information that Flores threatened to blow the house up. The deputies attempted to locate the gas meter so the gas to the house could be shut off. The deputies were unable to shut off the gas. Deputy Hernandez heard a deputy say he could smell smoke burning. There was thick black smoke starting to come out of the front living room window. Deputy Hernandez, Deputy John Vega, and Deputy Cory Reveles went and took cover behind a vehicle that was parked directly across from the house. Deputy Hernandez saw Flores come out of the front door of the house holding a long rifle. Deputy Hernandez called out to the other deputies that Flores had a gun. Deputy Hernandez believed the gun looked like a.22 rifle, long single barrel rifle. Deputy Hernandez ordered Flores to put the gun down. Deputy Hernandez was unsure whether Flores put the gun down or merely just lowered it when Deputy Hernandez saw that Flores also had a knife in his hand. The knife had an approximately six inch blade. Flores placed the knife up by his head with the blade straight up. Deputy Hernandez told Flores in Spanish to put the knife down. Deputy Hernandez does not know what Flores did with the knife but saw Flores raise the gun back up again. The deputies gave Flores commands to put the gun down. Deputy Hernandez gave Flores numerous commands in Spanish including: put the gun down, throw the gun in front of you, throw the gun in the grass, and put your hands up. Deputy Hernandez estimated he told Flores at least twenty times or more to put the gun down. Deputy Hernandez also told Flores that the deputies were there to help him. Flores ignored the deputies commands to put the gun down. Deputy Hernandez believed Flores heard his commands because Flores would respond. Flores would tell Deputy Hernandez no and Flores would point at his head. Flores was muzzle-swiping the deputies with the rifle. Flores didn t have the rifle fixed on one spot; Flores just waived the gun in the deputies direction. At that time, the deputies with less lethal shotguns fired beanbag rounds at Flores. At one point, Flores 11

12 fell down on the porch. Flores still had the gun in his hands. A couple of times Flores put his hand in the trigger. Deputy Hernandez was still ordering Flores to put the gun down or throw the gun down in front of him. Flores refused to comply with those commands. Flores started to sit up to take a sturdy stance or to brace himself. Flores put his hand near the grip or near the trigger and shouldered the rifle. Flores pointed the gun towards the deputies. Deputy Hernandez believed Flores was about to fire his gun. Deputy Hernandez thought the gun was pointed directly at him and he was about to be shot. Deputy Hernandez was afraid he was going to die so he fired multiple times at Flores. Deputy Hernandez stopped firing when the Flores fell to his side and the rifle was no longer pointed at Deputy Hernandez. Deputy Hernandez then heard Sergeant Michael Lewis say cease fire, hold fire. Deputy Hernandez estimated he was approximately twenty five to thirty yards away from Flores at the time of the shooting. A small group of deputies approached Flores on the front porch. The deputies moved Flores away from the house which was on fire at that time. Deputy Hernandez and another group of deputies then approached the house to see whether there was anyone else in the house. On April 15, 2015, at approximately 8:54 in the evening, Sergeant Michael Lewis was interviewed by Detective Michael Walker. On April 15, 2015, Sergeant Lewis was the patrol watch commander working the day shift, assigned to the Fontana Sheriff s Station. Sergeant Lewis was wearing a San Bernardino County Sheriff s Department class A uniform. While in the locker room at the station, Sergeant Lewis heard on the radio information regarding an incident taking place at Chico Avenue. A subject, later identified as Ernesto Flores, was inside the house breaking things and threatening to burn down the house. There were no patrol units at Fontana Sheriff s Station at the time to respond so Fontana Sheriff s Station requested assistance from Chino Hills. Sergeant Lewis then responded to the scene. On the way to the scene, Sergeant Lewis received updates. Sergeant Lewis was told Flores was breaking things and Flores family said Flores was suicidal or something to that effect. Sergeant Lewis learned that Flores may have a BB gun but there was also mention that Flores may have no weapon so it was unclear to Sergeant Lewis at the time whether Flores had a gun, a BB gun, or no weapon. At the scene, Sergeant Lewis received a briefing from Sergeant Robert Casas. Sergeant Lewis was told that Flores had fired or dry fired a firearm or a misfired at a Chino Hills Deputy but the deputy did not see the weapon. Sergeant Lewis went up and got a view of the house. Sergeant Lewis could see broken windows on the south side and the front of the residence. 12

13 Sergeant Lewis was told that Flores had threated to blow up the house or set it on fire so the initial concern was to turn off the gas to the residence. A small group of deputies attempted to locate the gas valve to the house. The deputies were unable to turn the gas off. Sergeant Lewis then saw smoke and flames coming from the house. Sergeant Lewis heard over the radio that Flores had come out of the house through the front door. Sergeant Lewis moved towards the front of the house with other deputies. He positioned himself directly in front of Flores house approximately thirty feet from the front door. Flores had a rifle in his hand and was waving the gun around. It appeared to Sergeant Lewis that the gun was a.22 long rifle. Less than lethal beanbag rounds were fired at Flores. The rounds appeared to be ineffective. Flores kept a hold of the rifle and pointed the weapon at Sergeant Lewis group as well as the deputies who positioned themselves south behind a large truck. Flores pointed his rifle at the deputies in front of the residence. Flores moved his finger on and off the trigger. Flores was struck again with additional beanbag rounds and fell down on the porch. Sergeant Lewis told Deputy Osvaldo Hernandez to continue to give commands to Flores to drop the weapon. Sergeant Lewis told Deputy Hernandez to tell Flores it would be the best thing for him to do drop his weapon so they could save Flores house and Flores family would be happy. Deputy Hernandez repeatedly told Flores to drop the rifle but Flores would not comply. Flores continued to waive the rifle around. Additional less lethal beanbag rounds were fired at Flores but they were ineffective. Deputies continued to give Flores commands but Flores refused to comply and continued to hold the rifle in his hands. Flores was lying on his side when he leaned forward with his finger on the trigger, similar to a sniper position, and aimed the rifle directly at Sergeant Lewis and the surrounding deputies. Sergeant Lewis was afraid he was about to be shot or killed. Sergeant Lewis was also afraid that his partners were about to be shot or killed. Sergeant Lewis fired approximately five or six rounds at Flores. Other deputies around Sergeant Lewis also fired at Flores. Flores stopped moving and Sergeant Lewis told everybody to stop firing. A small group of deputies approached Flores and moved him away from the house which was on fire at the time. One of the deputies immediately started CPR on Flores. Paramedics arrived and transported Flores to the hospital. On April 15, 2015, at approximately 10:15 in the evening, Detective Joseph Parker was interviewed by Detective Grant Ward and Detective Gary Hart. On April 15, 2015, Detective Joseph Parker was assigned as a detective to the Fontana Sheriff s Station. Detective Parker was wearing plain clothes with a green tactical vest marked with sheriff in yellow writing on the front and back and a cloth sheriff s badge sewn on the upper left chest. Detective Parker was at the station when around 11:35 in 13

14 the morning there was a call for service for a residence on Chico Avenue. The call indicated there was a subject, later identified as Ernesto Flores, who was suicidal. One of the sergeants asked Detective Parker to respond since the west end deputy was tied up on a call. Once at the scene, Detective Parker meets with other deputies who were already present. Detective Parker learned Flores made a comment that he was going to blow up the house or start the house on fire. Detective Parker could hear Flores inside the house breaking items. The deputies formed a plan on how to turn off the gas to the house. A small group of deputies attempted to turn off the gas to the house but were unsuccessful. At some point, Flores started the house on fire. Within seconds, Flores exited the house through the front door. Detective Parker heard other deputies say he s coming out with a gun. Detective Parker moved and took cover behind a dumpster. Flores could see Flores had a rifle in his hand. Deputies were ordering Flores to drop the weapon. Deputy Osvaldo Hernandez was giving Flores commands in Spanish to drop the weapon. Flores refused to comply with the commands. Deputies fired beanbag rounds at Flores. Detective Parker heard one of the sergeants yell, hey, it s a twentytwo rifle. Detective Parker then yelled to the other deputies, Hey, it s a twenty-two. Additional beanbag rounds were fired at Flores who then fell down on the front porch with the rifle in his hand. Deputies continued to order Flores to drop the weapon. Flores would not comply with the deputies commands. More beanbag rounds were fired at Flores while he was down on the porch. Flores was seated on his butt with his legs extended forward. Flores maintained a hold of the rifle and moved his finger on and off the trigger. Flores appeared to try to raise up enough to fire off a round. Detective Parker became more nervous and yelled out that Flores had his hand on the trigger. Flores started to move the rifle towards Detective Parker and Detective James Lisner. Flores had a good grasp of the trigger area and it appeared to Detective Parker that Flores had himself more positioned where Flores could take a shot. Detective Parker could see the barrel of the rifle coming up directly towards him and Detective Lisner. Detective Parker was afraid he would be shot and started firing at Flores. Detective Parker heard other gunfire at the same time. Detective Parker believed he fired three to five times at Flores and estimated he was approximately thirty to forty feet from Flores when he fired his weapon. Sergeant Lewis yelled out for the deputies to stop firing. A small group of deputies approached Flores who had fallen back on the front porch. The deputies moved Flores away from the house which was still on fire at that time. The deputies started CPR on Flores and summoned medical aid. 14

15 On April 15, 2015, at approximately 9:55 in the evening, Detective James Lisner was interviewed by Detective Edward Bachman. On April 15, 2015, Detective James Lisner was assigned as a detective to the Fontana Sheriff s Station. Detective Lisner was wearing plain clothes with a green tactical vest marked with sheriff in yellow writing on the front and back and a cloth sheriff s badge sewn on the upper left chest. Detective Lisner was at the Fontana Sheriff s Station when Sergeant Gary Odebralski walked into the detective bureau and said they got a call for service for a barricaded subject, later identified as Ernesto Flores. Sergeant Odebralski asked Detective Lisner to assist with the call. Detective Lisner and Detective Joseph Parker drove to the location of the call. When they arrived at the location, Detective Lisner could see other deputies already present. Detective Lisner and Detective Parker met with Corporal Holiday and other deputies. They were formulating a game plan. Flores had threatened to blow up the house so there was a plan made to shut off the gas to the house. A group of deputies attempted to locate the gas valve for the house. The group of deputies attempts to shut off the gas were unsuccessful. Not too long after, Detective Lisner heard somebody say there was smoke. Detective Lisner could see flames coming out of the side window on the south side of the house. Next, Detective Lisner heard someone say, He s coming out and he s got a gun. Detective Lisner took cover with Detective Parker near a dumpster. Detective Lisner saw Flores had a rifle in his hands. It appeared to Detective Lisner to be a bolt action rifle. Detective Lisner was not sure but thought the rifle could possibly be a.22 caliber. Flores moved towards the front yard. Detective Lisner heard someone yell, beanbag, beanbag! and then heard beanbag rounds deployed. Flores moved back onto the front porch after being struck. Deputies fired more beanbag rounds at Flores. Flores fell down on the porch but still had the rifle in his hands. Flores was laying on his back and started to roll to his side to face Detective Lisner. Flores pointed the rifle at the side of the truck where there were some additional deputies positioned. Flores then pointed the rifle away towards other deputies. Deputy Osvaldo Hernandez was yelling commands in Spanish to Flores. Deputy Hernandez told Flores several times that they did not want to hurt him and to put the gun down. Flores responded a few times by pointing to his head and saying kill me in Spanish. Deputy Hernandez repeated his commands for Flores to put the gun down. Flores refused to put the rifle down. Detective Lisner heard additional beanbag rounds fired at Flores. Then the deputies gave Flores more commands to put the rifle down. Next, Detective Lisner saw Flores start to lift up and bring the rifle out. Detective Lisner felt Flores demeanor became more aggressive. Flores shoulders came up, he started to square off, and Flores pointed the rifle directly at Detective Lisner and Detective Parker. Detective Lisner saw the barrel pointed towards him. Detective Lisner was afraid he and Detective Parker 15

16 were about to be shot and started shooting at Flores. Detective Lisner estimated he fired three rounds at Flores. Detective Lisner stopped firing when he saw Flores gun start to drop. Flores was laying on the porch. Flores was not moving. Detective Lisner saw a group of deputies approach Flores and move him away from the house which was still on fire at the time. One of the deputies then started CPR on Flores. Flores was then loaded into an ambulance and transported to the hospital. On April 15, 2015, at approximately 7:18 in the evening, Deputy Jose Iniguez was interviewed by Detective Michael Walker. On April 15, 2015, Deputy Iniguez was assigned to an acting detective position in the Chino Hills Sheriff s Station. Deputy Iniguez was wearing plain clothes with a green tactical vest marked with sheriff in yellow writing on the front and back and a cloth sheriff s badge on the left chest pocket. On April 15, 2015, Deputy Iniguez was with Sergeant James Haynes when he received a call requesting a negotiator at ***** Chico Avenue. There was a subject, later identified as Ernesto Flores, threatening to blow up the house. Sergeant Haynes had indicated they also needed a Spanish speaker. Deputy Iniguez speaks Spanish so he decided to respond to the incident location to see what he could help with. Deputy Iniguez spoke with members of Flores family and got background information on Flores. One of Flores daughters, Witness #1, indicated Flores threatened to blow up the house. Flores had just received his tax return and Witness #1 stated that when Flores receives his tax return he ends up buying narcotics. Deputy Iniguez asked if there were any guns inside the house. Witness #5, a nephew of Flores, indicated he believed there was a BB gun inside of the house. Deputy Iniguez, Sergeant Haynes, and Deputy Jonathan Franco, attempted to call Flores. They wanted to convince Flores to give up and come out of the house. Flores hung up on the calls. Soon after, Deputy Iniguez heard over the radio that there was a smell of something burning coming from the house. Deputy Iniguez could see smoke coming from the house. Deputy Iniguez then heard over the radio that there were flames coming from the house. Flores came out of the house. Deputy Iniguez heard deputies over the radio indicate Flores was pointing the gun at them and that Flores had his finger on the trigger. Deputy Iniguez heard he s got a gun and then heard beanbag rounds being deployed. Deputy Iniguez retrieved beanbag rounds from a patrol unit and then retrieved a less than lethal beanbag shotgun that was propped up against the dumpster in front of Flores house. Deputy Iniguez saw Flores on the front porch. Flores had a rifle in his hand. The rifle had a long barrel and the whole stock and rifle handguards where the trigger is located 16

17 were all wood and brown. Deputy Iniguez and Deputy Osvaldo Hernandez gave Flores verbal commands to put the gun down; to throw it down in Spanish. They told Flores that the deputies were just there to help. Deputy Iniguez heard Flores say just shoot me right here and pointed at his forehead several times. Flores was sitting up, leaning against the front door with the rifle. Deputy Iniguez saw Flores had his right hand on where the trigger was and his left hand was on the arm grasps of the forward end of the rifle. Flores had the rifle pointed perpendicular toward Deputy Iniguez. Flores had closed his fist on the top part of the rifle and it appeared Flores was trying to load a round into the rifle. Deputy Iniguez fired a beanbag round at Flores. Deputy Iniguez feared for the safety of himself and the other deputies that were near the box truck that was parked in the driveway. Flores was pointing the rifle in their direction as well as towards Deputy Iniguez. Deputy Iniguez fired the beanbag rounds when Flores was attempting to pull the trigger and pointing the rifle at his direction or the direction of his partners. The beanbag rounds did not appear to be effective. Flores would still gesture to shoot him in the head. Deputy Iniguez was told to move positions to a porch at a house next door to see whether he could get a better view of Flores. Deputy Iniguez could see Flores still had the rifle in his hands. Flores started to point the rifle out towards the deputies out on the street near the dumpster. Deputy Iniguez was afraid for himself and the deputies. Deputy Iniguez shot at Flores one more time with a beanbag round and then a few seconds later heard a volley of gunfire right after that. Deputy Iniguez took cover towards the house. Deputy Iniguez heard the cease fire and the shots stopped. Deputy Iniguez ran back towards the front and saw Flores on the porch. Flores was suffering from multiple gunshot wounds. The house was still on fire. Deputy Iniguez and a small group of deputies approached Flores and moved him away from the burning house. Sergeant Haynes then started CPR on Flores. AMR personnel arrived and placed Flores in an ambulance. Flores was then transported to the hospital. On April 15, 2015, at approximately Deputy Noel Negron was interviewed by Detective Edward Bachman. On April 15, 2015, Deputy Negron was assigned to patrol at the Chino Hills Sheriff s Station. Deputy Negron was wearing a San Bernardino County Sheriff s Department class A uniform. Deputy Negron was on his way back to the station when he heard dispatch contact Corporal Quentin Holiday requesting assistance for from Chino Hills since dispatch had no units in the west end area. Deputy Negron heard part of the call which indicated the subject, later identified as Ernesto Flores, was causing a disturbance and threatening to burn the house down. The call for service was on Chico Avenue in the unincorporated area of Montclair. Deputy Negron responded to the call. 17

18 When Deputy Negron arrived at the location, Deputy Robert Hoag and Deputy Jonathan Franco had already made contact with some of Flores relatives who were waiting outside the residence. Deputy Hoag told Deputy Negron that there was no one else in the house and Flores was inside causing a disturbance and threatening to blow up the house. Deputy Negron took a less lethal shotgun and made his way to the front of the house. Deputy Negron heard Flores yelling in Spanish. Deputy Franco asked Flores to come out and talk to the deputies. Deputy Negron positioned himself in front of a Ford pickup truck in front of the residence. Deputy Franco and Deputy Hoag were positioned nearby. At one point, Deputy Franco approached the house and looked in one of the windows. Deputy Franco said Flores had some kind of rifle or some type of weapon and that Flores had fired it towards Deputy Franco s direction. Deputy Franco was not sure whether it was a real weapon or some type of BB gun or pellet gun. Deputy Franco returned and positioned himself closer to the residence just south of it on the corner. Deputy Negron heard Flores say he was going to blow up the house or burn it down. Deputy Negron left his position to contact Flores family members. Deputy Negron got a sketch of the layout of the interior of the residence. Deputy Negron gave the sketch to deputies from the Fontana Sheriff s Station who arrived at the scene and returned to his position by the truck. Deputy Negron and Deputy Hoag later moved further back away given the threat Flores made to blow up the house. Deputy Negron and Deputy Hoag moved a patrol unit across the street just northwest of the house and took cover behind the vehicle. Deputy Negron went to speak with one of Flores daughters to get more information on Flores mental health history. Flores daughter indicated Flores had not history of mental health problems but did have a history of drug abuse. Deputy Negron then returned to his position near Deputy Hoag. Some Fontana deputies approached the front yard of the residence in an attempt to shut of the gas to the house. Later, Deputy Negron smelled something burning. Eventually, Deputy Negron saw fire coming out the south side of the residence. Flores stepped out of the front of the house. Deputy Negron heard someone say he has a gun. Deputy Negron also heard someone say he has a knife. Deputy Negron heard deputies order Flores to get down and drop the rifle. Deputy Negron also yelled in Spanish for Flores to throw the rifle on the ground and to step forward. Flores did not comply with commands to drop the weapon. Deputy Negron fired four rounds from his beanbag shotgun at Flores. Flores refused to drop the rifle. Deputy Negron moved behind the deputies who were in front of the house to get a better angle on Flores. Deputy Negron again ordered Flores to drop the rifle. Flores refused to drop the rifle and put his finger within the trigger housing. Deputy Negron fired several more beanbag rounds at Flores. Flores continued to hold 18

19 onto the rifle after he was hit with the beanbag rounds. Deputy Negron was out of ammunition and ran to another patrol unit to get more beanbag rounds. Deputy Negron was directed to give the additional beanbag rounds to Sergeant Robert Casas who then handed them to Deputy Jose Iniguez. Deputy Negron then heard multiple gunshots coming from the deputies that were positioned in front of the house. A small group of deputies approached Flores and moved him away from the house which was still on fire at the time. Deputy Hoag and another deputy from Fontana initiated CPR on Flores. Paramedics then transported Flores to the hospital. On April 15, 2015, at approximately 7:04 in the evening, Sergeant Robert Casas was interviewed by Detective Edward Bachman. On April 15, 2015, Sergeant Robert Casas was a sergeant with the Multi-Enforcement Team, assigned to the Chino Hills Sheriff s Station. Sergeant Casas was wearing plain clothes with a green tactical vest marked with sheriff in yellow writing on the front and back and a cloth sheriff s badge sewn on the upper left chest. Sergeant Casas was at the station when he heard radio traffic related to a man that was possibly barricaded and had either displayed a weapon or had fired a weapon at a deputy. Sergeant Casas responded to the scene on Chico Avenue. Sergeant Casas got a briefing and was told that there was a man, later identified as Ernesto Flores, in the house that was barricaded, a Spanish speaker, and was possibly armed with a rifle. It was unclear whether the weapon was a pellet gun or an actual weapon but a deputy had heard the clicking of dry fire of the weapon. Sergeant Casas was directed to the south portion of the property where there was a large black truck, like a lunch truck, parked in the driveway or lawn of the property. Deputy Jonathan Franco was attempting to speak with Flores. Sergeant Casas heard Flores speaking in Spanish, yelling obscenities. Sergeant Casas heard glass breaking inside the house. Sergeant Casas tried to talk to Flores in Spanish. Sergeant Casas asked Flores to come out of the house and talk to him. Sergeant Casas told Flores that the deputies were there to help Flores. Sergeant Casas asked Flores if he was thirsty if he wanted to come out of the house and have a drink but Flores did not respond. More deputies arrived at the scene. Sergeant Casas met with Sergeant Michael Lewis and Captain Robert Guillen to formulate a plan, including how to shut off the gas to Flores house. The small group of deputies sent to locate the gas valve were unable to turn off the gas. Sergeant Casas saw smoke and some flames coming out of one of the windows to the house. Sergeant Casas heard deputies say Flores was coming out of the house. Sergeant Casas heard deputies order Flores to drop the gun, to drop the knife, and to get on the ground. Sergeant Casas saw Deputy Noel Negron fire beanbag rounds at Flores several times. The rounds appeared to be ineffective. Sergeant Casas saw Flores sitting on the porch 19