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Home My WebLink AboutExhibit 13Exhibit No. 13 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY TO: Aaron C. Harp, Assistant City Attorney FROM: Kristy Parker, Paralegal RE: Fury Rok & Rol Sushi Lounge Summary Police Reports July— November, 2007 DATE: January 3, 2008 1 l�I Arrests/ No. Date Time Report Type Victims Summary 1 07/24/2007 1:55 AM Arrest Report (1) Drunk Observed male stumbling and losing balance outside the front entrance to fury 2 07/27/2007 4:00 Investigation (1) Battery with Great Bodily a.m. Report unknown Injury; victims hit repeatedly suspect by unknown suspects while (2) Victims waiting for their limo in fury parking lot at closing time; contacted in Hoag ER; injuries required major medical attention 3 08/11/2007 11:00 Report (1) Victim Vehicle Vandalism: car p.m. scratched with object after dropping with valet at Fury 4 08/19/2007 12:05 Arrest Report (1) Drunk Officers standing on walkway AM to fury when yelled at and flipped off by man in front of fury 5 08/19/2007 1:00 Arrest Report (1) Drunk Female lying in grass next to a.m. male arrested for fighting; fell over in grass when she attempted to stand up; "drank a Lot" 6 08/19/2007 1:00 Arrest Report (2) Public Fight inside Fury; officers a.m. Fighting assisted security; officer broke thumb as a result of breaking up fig ht 7 08/25/2007 1:20 Arrest Report (2) Drunk Verbal altercation in parking a.m. lot between female patrons and male patrons; males very intoxicated, g rabbed female 8 08/25/2007 1:35 Arrest Report (1) Drunk Verbal dispute in Parking lot; a.m. officers intervened; female arrested 1 l�I 2 � a° Arrests/ No. Date Time Report Type Victims Summary 9 08/25/2007 12:35 Arrest Report (1) Battery Battery on a police officer; a.m. (1) Victim male pushed officer 10 08/31/2007 10:00 Arrest Report (1) Drunk Male severely intoxicated, p.m. arrested in parking lot on the way to sleep in his car 11 09/01/2007 12:45 Preliminary (1) Bite to person; female a.m. Investigation unknown grabbed victim's hair and bite Report suspect her on left shoulder after girl (1) Victim behind her threw a drink in suspects face. Incident occurred in bathroom of Fury; victim interviewed at Hospital 12 09/03/2007 1:45 Arrest Report (1) Drunk Witness male walking out of a.m. Fury appeared as if he would fall down, handed officers his fitness card 13 09/07/2007 12:35 Arrest Report (1) confidential informant bought a.m. Cocaine cocaine at fury from Deft Sales 14 09/08/2007 2:35 Arrest Report (1) Drunk Police called to respond to a.m. drunk male arguing with business employees at nearby business, did not know where he was, was at fu rior 15 09/09/2007 2:00 Administrative (1) Cite Female urinating in fury a.m. Citation parking lot 16 09/09/2007 2:00 AM Administrative (1) Cite male urinating in fury parking Citation lot 17 09/09/2007 1:30 Arrest Report (2) Drunk Male and female sitting in a.m. parking stall, "came outside to look for a ride" too intoxicated to maintain balance 18 09/15/2007 2:15 Preliminary (1) Assault with a deadly a.m. Investigation unknown weapon; male and unknown Report suspect female get in an argument; (1) Victim female gets bat out of her car and swings it at male 19 09/22/2007 12:40 Arrest Report (1) Drunk Stumbling drunk escorted out a.m. of fury; refused to give officers identifying info 20 09/22/2007 2:15 Arrest Report (1) DV Cohabitant abuse; suspect a.m. (1) strangling girlfriend outside Victim bar while waiting in Fury rovided tar over area 21 09/23/2007 1:30 Arrest Report (2) Drunk Fight in Fury parking lot a.m. 22 09/23/2007 1:45 Arrest Report (1) Drunk passed out on grass in front a.m. of fu 23 09/30/2007 1:40 Arrest Report (1) Drunk incoherent sitting on grass in a.m. front of fury 2 � a° Totals: 33 Arrests Breakdown: 22 Drunk; 2 public fighting; 2 DUI; 1 Battery on Officer; 1 Assault w /Deadly weapon; 2 Possession; 1 Cocaine sales; 1 DV; 1 Carjacking Arrests/ No. Date Time ReportType Victims Summary 24 09/30/2007 1:40 AM Arrest Report (1) Drunk passed out on grass in front of fu 25 09/30/2007 12:00 Arrest Report (1) Drunk called for service- -drunk a.m. patron would not leave burger king; could not speak coherently; identified Fury recei tin ocket 26 10/06/2007 1000 Report (1) victim Misuse of Access Card; card p.m. lost at fury after having dinner 27 10/07/2007 12:15 Arrest Report (1) Assault Assault with a Deadly a.m. w/ Deadly Weapon; Victim hit over head weapon with Grey Goose bottle — victim did not display signs of intoxication; argument over table reservation after dinner hours 28 10112/2007 Arrest Report (1) Carjacking; husband hit cab Carjacking driver and then took car with his wife inside about .25 miles 29 10/14/2007 1:14 AM Arrest Report (2) Pulled over for suspect DUI, Possession arrested driver and of passenger for possession of Controlled cocaine substance 30 1012612007 12:30 Criminal (1) Suspect allegedly pulled gun, am (Rpt threats Report unknown fight broke out in Fury, 11/8) suspect victim's hand was broken (1) victim 31 11/4/2007 2:24 am DUI Arrest (1) DUI Driver arrested for DUI, (1) Drunk passenger Public Intox after leaving Fury 32 11/3/2007 12:30 Arrest Report unk Arrested Public intox after am waking deft up on lawn after F(2) leaving fury 33 11/13/2007 1:57 am DUI Arrest UI Officer responded to accident Report runk scene, located missing carat gas station -driver arrested DUI; other driver arrested DUI(coming from another bar); passengers arrested for Public Intox one also possession of Mari uana Totals: 33 Arrests Breakdown: 22 Drunk; 2 public fighting; 2 DUI; 1 Battery on Officer; 1 Assault w /Deadly weapon; 2 Possession; 1 Cocaine sales; 1 DV; 1 Carjacking r ,)PORT BEACH POLICE DEPARTMEN'.._..� ARREST REPORT Location of Arrest RD Datef rime Arrested DR Number 4221 Dolphin- Striker Way 34 7 -24 -2007 0200 07 -7602 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # none M Yes ❑ No DVO02732 Reportable Use of Force: ❑ Yes M No Do Charges or Subsequent Charges Involve 646.9 P.C. (Stalking) ? ❑ Yes M No If yes, you are required to complete the Notice of Release on Bail Stalking 646.93(s) PC NBPD Form # 5.22 (Located in the NBPD Jail) Arrestee's Name -#1 Last First Middle OC# DETENTION ONLY t a1aQ A Charge (Section, Code & Definition) DEEMED NOT ARRESTED R 647(f) PC Disorderly Conduct, Alcohol PER 849 S(a)(649.5 PC, Arrestee's Name -#2 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 Address City State I Zip W Witness #2 DOB Age Res. Phone Bus. Phone NAddress City State Zip 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 7 -24 -2007, at approximately 0155 hours, I was working uniformed patrol in a marked police vehicle. I observed a male subject, later Identified as# stumbling and losing balance outside the front entrance to'Furye, a bar located at 4221 Dolphin- Striker. I eontacted(' to check his welfare. Alcohol Involved? R Yes ❑ No Location: `Fuy @ 4221 Dolphin- Striker Way Supervisor vfng ID No. Arresting Officer ID No. Vacation Period J&_ DatefTime a duced Clerk 07l d� 'Oxyje X k S. Sa 1320 Napo F t 5.1 iK". t Meal ReW A+PORT BEACH POLICE DEPARTME3...,_) Continuation Sheet Page No. Type of Report Booking No. DR Number 2 Arrest Report 07 -7602 As I contacted— I observed him to have bloodshottwatery eyes, an unsteady gait, and a very strong odor of an alcoholic beverage emanating from his breath and person. I asked ` _ to talk with me privately away from the front entrance, where other bystanders were. As Nalked, I noticed he could not walk in a straight line and crossed his legs as he was stepping forward. I asked him what his name was. Shanahan replied with, "Yeah,( )rry about that ". I asked where he lived. _ _i replied, t_ _)yeah, sorry about that'. I asked ( _)f he had friends with him. ( replied, " ►yeah, sorry about that". I asked him if he had money to get home. ,'again said, `Yeah, '}sorry abouiihae, :'Mgain asked where he lived. He stated, "Yeah, Jsorry about that As I spoke with noticed that he wavered approximately 3-6 inches front to back and side to side, unable to keep balance. Due to his actions and statements, I determined _ — .06as intoxicated and unable to care for himself or for the welfare of others. I arrested: 647(f) PC, Disorderly Conduct, Alcohol. I transported him to NBPD for booking. Supervisor Approving.. # ID No. Reporting Officers? ID No. C" t boo 1 S. Sa 1320 NBPD Fa 3.15 (Rev. SAS) pay It' •vunu, lip.. . 0—. r-.-.. r. .. a.• cn�.n a Vlar{.G Lan -AKI ML�t ❑ TELEPHONIC ° BRIEFING _ Preliminary Investigation of.. DR Na. ° `N" pcsu Battery with Great Bodily Injury 07-07738 Location of Occurrence RD Date & Time Reported to PD Connected Reports - Type & OR 4221 Dolphin Striker Way 34 7 -27 -07 0246 Occurred On Or Between: Month / Day / Year Day Time Month 1 Day I Year Day Time 7_27-07 Friday 0200 & Reportable Use of Force: ❑ Yes ® No Stolen / Lost Recovered Est. Dam. Arson/Vandalism Last Name (Firm name it business) First Name Middle DOB Age ex Desc Hgt Wgt Hair JEyea Residence Address City State Zip Res. Phone V 1 10 � 702- 274 -8247 1 Business Address City r 4 State zip Sus. Phone C T } Victim's Ocoypatiom,= Victim's Condition Veh. Lk. No. State eaf Make Model Color( M Injured NO cations - Persons SIDIvision Victim Advised of Confidentiality Provisions Per 293 PC? O Yes ®No {' " x Victim Desires Confidentiality? O Yes O No Domestic Violence Rel9kd? O Yes ® No Gang Related? O Yes O No Hate Crime? O Yes 0 No Alcohol Related? Weapon Involved? O Yes ® No Weapon Involved? O Yes O No I Weapon Involved? O Yes ® No ® Yes O No Name If KnowrreE oking No. & Charge If Arrested (uataddlaonal suspect rn Narrative) DOB Age $ex Desc Hgt. — - Wgt Hair Eyes Address City State Zip Res. Phone Bus. Phone S SPersonal Oddities {Unusual Features, Scars, Tattoos, Etc) Type of Weapon (rnreat,Faca,almWM Gun, Etc) If Knife or GM peoWbe: P ` Fists E Clothing - Additional Descriptors C Additional Suspects? O Yes T - -�-' ,'—J (List on Page 2) ® No Veh• Lio No. State Year Make Model Type Color(s) Inside Color(s) Modifications Damage - Additional Desm .. ode Name Residence Address City State Zip V { i _ I OB Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone _ _ None —1 ode Name 1 Residence Address City State Zip B Age Sex Business Address Mdude Zip Code) Bus. Phone Res. PFlnne A .0. - SPECIFIC OR UNUSUAL ACTIONS THAT MAY TEND TO IDENTIFY TNIS SUSP. (UU m sift foradOWW =mom) Burg: O Force ❑ No Force nle listed c > tr hits V -1 reneatPd}y }n tha face V to'f^}i hack and -Ugop- causing -1 hff his h ^d on the on rate_ V-1 sustains a shagerred orbital heneas well ac a }aCerat iDn_tO-thQ.haCl�of his head V- was stt}} .k nr .n the side of the? hQy th Iicted s rcoeCt and sustained a lump Supervi IUD No. �6 Investigating Officer(s) ID No. Signature of Reporting Person D & Rep u C Sarris 1253 40 1A N--, PORT BEACH POLICE DEPARTMEN - -1) Page No. Type of Investigation R No. 2 Battery with Great Bodily Injury 07 -07738 (1) List additional suspects. victims, involved persons. (2) List stolenlrecovered property. (3) Reconstruct the occurrence: Include all elements of the crime. 4 Describe an evidence, Including Prints, state locations found and whom. Give disposition. Item n' - .. Mica description (Color. Size; .: No. Quad. Article - Brand , : ' SModel ...•.: Serial` 6 Dollar Value .. .Inscriptions, Caliber, Efc.j Additional Witnesses (W -1) Male, On 7- 27 -07, at approximately 0400 hours, I responded to Hoag Hospital ER reference a possible battery report. Upon arrival, I was led my the hospital staff to V -1 �� who was lying on his back on a hospital bed. V -1's right eye was very swollen and closed. Dr Was the treating physician and I was advised V -1's orbital bone around his right eye was broken in several places. Additionally, he required staple sutures on the back of his head. He was conscious and able to tell me about what had happened. V -2 4 __ ' was standing next to V -1. V -2 showed me his Injuries, which consisted of a raised lump behind his right ear. His shirt was also ripped near the collar. — _ _ , were all standing next to V -1 and V -2. They were all present at the time of the battery and all related similar statements. They related the following: They were all at Club Fury (4221 Dolphin Striker Wy) during the evening. The club closed at 0200 hours and they were in front of the club near the entrance waiting to board their limousine. While they were waiti ng an unknown male subject (The Suspect) and his apparent friend (W -1) began to insult V -2 based on the,_ %shirt he was wearing. The Susp then approached V -2 and started taunting him and trying to get him to fight. V -2 did not want to fight and then the Susp spit in his face. V -1 approached the Susp and told him to leave them alone. The Susp then struck V -1 about four times in the face with his fist, causing V -1 to fall backwards and hit the back of his head on the ground. Some uninvolved people, along with bouncers from the bar came over to V -1 to help him up. As an unknown person was pulling V -1 up, the Susp ran over and struck V -1 two more times in the head with his fist. V -1's friends advised that the last strike to V -1's face was very hard. The Susp and his friend fled the scene on foot while laughing. The bouncers to the bar gave chase, but were unuccessful. The bouncers at the bar (unknown names) eldvised the victims and their friends that there were video cameras that most likely would have captured footage of the fight. Additionally, the bouncers advised them they recognized the suspect and his friend as regulars at the club and may be able to help identify them at a later time. The victims were provided with the club manager's business card. The card indicated the manaaer's name and Dhone number a& Supervisor Approving ID No Reporting Officer(s) ID No. Sip Barris 1253 ��5 I4, _..)PORT BEACH POLICE DEPARTMEM ) Continuation Sheet Page No. Type of Report Booking No. DR Number 3 1 Battery with Great Bodily Injury 07 -07738 Ofcr Perkins responded to the scene with a digital camera. I took digital photographs of both victims' injuries. Ofcr Perkins provided the memory card to CSI for processing. Supervisor Approving ID No. Reporting Officer(s) ID No. eT I Sams 1253 NBPD Fenn 8.15 (Rev. 349) U U\ NEWPG_;� BEACH POLICE DEPAF }l1ENT FOLLOW -UP REPORT Type of Original Report Date of Original Report Date of This Report Master Case No. Battery with Great Bodily Injury 07 -27 -2007 08 -10 -2007 ❑ Muni le 07 -07738 Reclassify Master Case To Victim Foilow -Up No. 1 Mastery Property Value Rec This Report Total RPTD Loss El Total Recovery []Partial Recovery ❑ Change of Total Value Master Can Status Property Disposition 80 Held in Abeyance ❑ Release ❑ Dispose ❑ Hold Until S U .S P :E UNKNOWN C T S . DET CODED 1) List related reports by case number, type, cranes, victim's name, and case status using case status numbers. 2) Describe any charge in property or value. 3) Describe any addition properly toss. 4) Identify partial recoveries. 5) Briefly summarize the original incident. 6) Explain investigation progress and case status. Peclassti related cases. Additional Victim: Victim #2 Witnesses: Witness #1 'T f Witness #2 Witness #3 r� This case involves a battery on two subjects outside of a club at 4221 Dolphin Striker Way in Newport Beach. One of the victims" received serious injuries as a result of the battery and he required medical treatment in the emergency room at Hoag Hospital. , i orbital tone around his right eye was broken in several places and he also had an injury to the back of his head that required staple sutures. The other victim — ,j) sustained an injury which consisted of a raised lump behind his right ear. He also required medical treatment at the emergency room. The suspect that caused both injuries was unknown to both victims and the incident started because the suspect, along with another subject, was making fun of s that Victim ` Ufas wearing. —r-shirt The suspect began to taunt I — and tried to get him to fi(;ht.,_ --)didn't want to fight and the suspect then spat on his face. Victim — told the suspect to leave -*alone at which time the suspect struc i in the face about four times with his fist, causing him to fall and hit his head on the ground. The suspect then struck wo more times in the head with his fist while was still on the ground. Witnesses to the incident said that the last punch toi -I face was very hard. The suspect, along with the other subject, then fled the area on foot. On 07- 31- 2007,1 was assigned this case for a follow -up investigation. I contacted one of the club owners (Brian Schillizzi) by phone and asked him if he knew anything about the incident. Schillizzi said he was told about the incident by security, but wasn't present. I asked Schillizzi if there was a surveillance system Supervisor Approving ID No. Reporting Officer ID No. DateMme Reproduced. Clark P. Olson 1131 I NBPDFx 213.2pw. 1.']1, NEWPOr r BEACH POLICE DEPA -iMENT CONTINUATION SHEET 2 1 Follow -Up Report 1 107-07738 at the club that may have captured the incident. He said there is a surveillance s s owever, it wash operable that night. Schillizzi said I could contact one of his security guards who was working that night and he provided me with his cell phone number. I then called and spoke to 1 ___)said he was working security on 07 -27 -2007 and was aware of the incident. He said he didn't witness anything but did see the two suspects inside the bar before closing. i said he doesn't remember ever seeing either of the subjects in the past, but may be able to recognize them if seen again. ` (told me to contact another security guard (- - +) who was working that day and had witnessed the incident. _— provided me with ,ell phone number. On 08 -01 -2007, 1 made contact with ,.y phone. _lsaid he was working security on 07 -27 -2007 and was aware of the incident. He said he didn't see the actual incident but did have contact with the suspect and the suspect's friend earlier inside the club.1 tsaid that one of the suspects friends was escorted out of the dub because he was very intoxicated. He said he talked to the suspect about the friend being intoxicated and being escorted out of the club for that reason. _ said that he was told by other security guards about the suspect being involved in a fight and he remembers this subject because he was one of the last people on the dance floor and one of the last patrons to leave. 1 said the suspect had earlier left the club and came back. He said the suspect appeared to be "juiced up" and was being "rowdy" on the dance floor; doing such things as bumping into other people and bumping into a friend he was with. - f said he has never seen the suspect at the club before but would absolutely be able to identify him if seen again. laid he didn't know the suspect's name but heard him call the intoxicated friend by the nickname of 9C _)described the suspect as having isaid he would immediately call the police if the suspect returns to the club. I provided him with a telephone number for dispatch and a case number to refer to. On 08-14 -2007, 1 made connttactwiith Victim by phone for a follow -up interview. is now - and residing in f _� He said he recently had surgery, ° 3 is a result of the incident on 07 -27 -2007. I asked Victim - if he could provide me with any further information or details regarding the incident that occurred at Club Fury. He was unable to give me any additional information from what he initially reported to Ofc. Sarris the night of the incident. I provided w kh the status of the case and my office number. I told him that I would be in contact with him if there were any developments with the case. Pending any further investigative leads, this case will be held in abeyance. CASE STATUS: HELD IN ABEYANCE Supervisor Approving to No. Reporting Officer(s) ID No. TF324 P. Olson 1131 'VPnRT RRAr•u Vn T. TrV TcoAD�MVx ❑ TEWPHONIC ❑ BRIEFING - PreNminary Investigation of: CPI S °""' 0 GSU Vehicle Vandalism 07 -8541 Location of Occurrence RD Date & Time Reported to PD Connected Reports - Type & DR 4221 Dolphin Striker Way 34 08/1312007 1443 None Month / Day / Year Day Time Month) Day! Year Day Time Occurred On Or Between: 08/11/2007 Saturday 2300 08/12/2007 Sunday i 0200 Reportable Use of Force: ❑ Yes ®No Stolen! Lost Recovered Dam. ArsonlVandalis rn $ 1500.00 Last Name (Firm name if business) First Name Middle I DOB Age Pax I Dese Hot Wgt Hair Eyes Residence Address City State Zip Res. Phone i CA V Business Address - City State Zip Bus. Phone C !. .. CA T Victim's Occupation Victim's Condition Veh. LiG. No. State Year Make Model Color(S) MNormal Notifications- Persons & Division Victim Advised of Confidentiality Provisions Par 293 PC? O Yes O No None Victim Desires Confidentiality? O Yes ®No Domestic Violence Related? O Yes ® No Gang Related? O Yes O No Hate Crime? O Yes ® No Alcohol Related? Weapon Involved? O Yes 0 No Weapon Involved? O Yes O No Weapon Involved? O Yes O No O Yes O No Name If Known - Booking No. & Charge If Arrested (List Addkbnat suspects in Namu ) DOB Age Sex Desc Hgt. Wgt. Hair Eyes Unknown Suspect(s) I I I Address City State Zip Res. Phone Bus. Phone S 5 Personal Oddities (Unusual Features, Scars, Tattoos, Etc) Type of Weapon (Threm,F-orce skduw Gun, Etc) V Knrce or Gun, oes«atbe: P E clothing - Additional Descriptors Additional Suspects? Q Yes C (Liston Page 2) O No T Veh. Lic. No. State Year Make Model Type Cokx(s) Inside Colors) Modifications Damage Additional DesG. ImvMd Pafene Gable: V- 0. Code Name Residence Address City State Ztp B Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone Code Name Residence Address Icily State Zip DOB I Age Sex Business Address (include Zip Code) Bus. Phone Rea. Phone O.- SMIFIC OR eNLISUALACTION$ THAT WAYTEND TO IDENTIFY THIS SWP.(tka rave Burg: p Force p No Force tlnkBO.yiLrS.SIt.4pprt s atcives_XACU LS_lebide.alsing a 9at.lilRded e*fiprt Superviso ving ID No. Investigating Officer(s) ID No. Signature of Reporting Person +l R. Hansen 1334 Dat a Reproduced D Clerk ralPD Fan 9.1 (Rev. 1}A9) CAN Repot N ,. PORT BEACH POLICE DEPARTMENT Page No. Type of investigation DR No. 2 Vehicle Vandalism 07 -8541 (1) Ust additional suspects, victims, involved persons. (2) List stolen/recovered property. (3) Reconstruct the occurrence: Include all elements of the crime. 4 Describe any evidence. Inducting tints, state locations found and by whom. Give disposition. Item Oven. Article Brand SModel Sadal No. Mo. description (Color, Size, Dosar Value No. Inscriptions, Caliber, Etc.) DAMAGED PROPERTY 1 2 1/2 inch scratches, driver's side rear door and rear quarter panel. $1500.00 TOTAL DAMAGED $1500.00 The Victim came in to NBPD to report a vehicle vandalism at the listed location. On 08/1112007 at approximately 2300 hours, the Victim parked his vehicle at the Valet lot at the listed location. When the Victim returned to his vehicle at 0200 hours, the Victim discovered the above listed damage. No Suspects were seen or heard. The Victim stated that he did not have any problems with the Valets, and did not get in to any altercations with people in the area. I responded out to the Victim's vehicle and took eight (8) photographs. r Supervisor Approving ID No. lReporilng Officers) ID No. L-T- 136 1 R. Hansen 1334 NaPDFw 3.15Mft -348) 1 11 I. )PORT BEACH POLICE DEPARTMEr% � ARREST REPORT Location of Arrest RD Daterrkne Arrested DR Number 4221 Dolphin Striker 34 8 -19- 2007 0005 07 -8803 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # ® Yes ❑ No DV 3147 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 DETEN ION ONLY OC# X22 Charge (Section, Code & Definition) PER 849 B(2)/849.5 P.C. 647(f)PC, Public intox / disorderly conduct • • Arrestee's Name 42 Last First - Middle OC# Charge (Section, Code & Definition) E? Arrestee's Name 43 Last First Middle OC# c Charge (Section, Code & Definition) Witness #1 DOB Age Res. Phone Bus. Phone Officer Dugan #1293 Address City State Zip NBPD Witness #2 DOB Age Res. Phone Bus. Phone Address City State Zip ' Witness #3 DOB Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person ) DOB Age Res. Phone Bus. Phone xk" Address City state Zlp Describe Circumstances Leading to Arrest Include Elements of Offenses: Note Nature of Evidence and Location Deposited: See page #2 for narrative. Alcohol Involved? ® Yes .p No Location: 4221 Dolphin Striker (Fury) Supervta g ID No. , Arresting Officer ID No. Vacation Period Tim Date/Time Reproduced Clerk T. Zeeman - 1330 r ROW ` -b ' 1 'PORT BEACH POLICE DEPARTME&._...� Continuation Sheet Page No. Type of Report Booking No. DR Number 2 Arrest Report 1 107-8803 1 was working uniformed patrol in a clearly marked police vehicle. Officer Dugan and I elected to conduct a bar check at Fury located 4221 Dolphin Striker. After we exited the bar we were standing on the walkway leading into the bar talking to the staff. Suddenly and unprovoked the defendant approached the walkway and made eye contact with Officer Dugan. The defendant was approx. 10 feet away from us standing behind a four foot Wall. The defendant was tall enough to look over the wall. The defendant "flipped off Officer Dugan and stated in an aggressive and belligerent manner, "Fuck the police. Fuck you, mother fucker." I asked the defendant, "What did you say?" The defendant made eye contact with me and stated aggressively, "Fuck you. You mother fucker." I observed the defendant displaying objective symptoms of intoxication (reddish / watery eyes, strong odor of an alcoholic beverage, slurred speech, flushed face, and an unsteady gait). I asked if he was drunk. He stated, "Yea. You can't do anything, I'm not driving.' Due to the symptoms of intoxication and the aggressive, belligerent, and antagonistic attitude, in my opinion the defendant was under the influence of alcohol and unable to safely care for himself or others. I placed the defendant under arrest for 647(f)PC, public intoxication / disorderly conduct I handcuffed the defendant and escorted him to my police vehicle. 1 transported the defendant to NBPD jail for booking. Supervisor Approving ID No. Reporting Officer(s) ID No. T. Zeeman 1330 NBPD Foes 3.75 (ew. 888) N 'tORT BEACH POLICE DEPARTMEN, ARREST REPORT Location of Arrest RD DateTme Arrested DR Number 4221 Dolphin Striker Way 34 8/192007 0110 07 -8809 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # none ❑ Yes E No Reportable Use of Force: [)Yes E No Do Charges or Subsequent Charges Involve 646.9 P.C. (Stalking) ? ❑ Yes E 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) ' W Arrestee's Name -#1 Last First T i N ONLY OC# DEEMED NOT /,RRESTEn Charge (Section, Code & Definition) 84 2)1849.5 PC. 7(f)PC- Disorderly Conduct- Public Intoxication Arrestee's Name 42 Last First Middle OC# 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 Ofcr. Rodriguez #1208 Address CRY Smote Zip NBPD ,1VV' WHness #2 DOB Age Res. Phone Bus. Phone T .10, N Address CRY State Zip _. E. $ Witness 93 DOB Age Res. Phone Bus. Phone ;�s- Cj, Address City State Zip ti ':. Arrested By (Private Person) DOB Age Ras. Phone Bus. Phone Address city State Zip Describe Orccumstances Leading to Arrest; include Elements of Offenses; Note Nature of Evidence and Location Deposited: On 8/19107 at about 0100 hrs, Ofcr. Rodriguez and I were waking uniformed patrol on foot at 4221 Dolphin Striker Way (Fury Restaurant). We were standing outside of the restaurant because Okx. Rodriguez was in the process of arresting two subjects for fighting inside the Restaurant I noticed a female was laying in the grass by one of the defts who had been arrested for fighting. I approached and contacted the fernale, I I asked her if she could move away from the deft. attempted to stand up, but fell over back onto the grass. I asked a how much she had drank tonight. aid, "A _ lot" I asked her If she was able to stand up. _ ittempted again and almost fell. Alcohof Involved? ® Yes Q No Location: Fury Restaurant Supervisor Approving ID No. Arresting Officer ID No. Vacation Period . I DateTme Reproduced ' 025 Hardy 1257 am EtfRw.1 .____.... `�3 1,_,, PORT BEACH POLICE DEPARTMEA Continuation Sheet Page No. Type of Report Booking No. DR Number 2 Arrest Report 07 -8809 As I was speaking with I noticed she had red watery eyes, a strong odor of an alcoholic beverage on her breath, slurred speech, and was unable to stand without assistance. jsaid she was with some friends at the bar, but none of them were around to care for her. Due to condition, her symptoms, and her statements, I determined she was too intoxicated to care for herself or . others and arrested her for disorderly conduct- Public intoxication (647(f)PC). _ _ ras transported and booked at NBPD jail by Officer Schogel. Supervisor Approving ID No. Reporting Offieer(s) 10 No. Hardy 1257 NBPoF O &15(Rev. ) (PORT BEACH POLICE DEPARTME6. ARREST REPORT Location of Arrest RD Date/Time Arrested DR Number 4221 Dolphin Striker Way (Fury Rok and Rol Sushi Lounge) 34 8/18 /2007 0100 07 -8808 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # none ❑ 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 Fast Middle OC#� ?' Charge (Section, Code & Definition) !' 415.1 PC- Fighting in public Arrestee's Name 42 Last First Middle i Charge (Section, Code & Definition) 415.1 PC- Fighting In public E; Arrestee's Name -93 Last First Middle 009 S Charge (Section, Code & Definition) Witness #1 DOB Age Res. Phone Bus. Phone Address City State ap r— ;W Witness #2 DOB Age Res. Phone Bus. Phone N. Address City State Zip Witness #3 DOB Age Res. Phone Bus. Phone Address CRY State Zip Arrested By (Private Person) DOB Age Res. Phone Bus. Phone Address CRY State Zip Describe Circumstances Leading to Arrest Include Elements of Offenses; Note Nature of Evidence and Location Deposited; On 08/19/07 at approximately 0050 hours, Officer Hardy and 1 were working uniformed patrol in an unmarked unit. We were assigned to a special enforcement detall working the local bars in the area due to a recent Increase in alcohol related violations. Officer Hardy and I responded to Fury Rok and Rol Sushi Lounge at the request of Officer Dugan and Officer Zeeman. They advised us that there was a large crowd gathering in front of the location. Alcohol Involved? ® Yes i] No Location: 4221 Dolphin Striker Way (Fury Rok and Rol Sushi Lounge) Supervisor Ap g ID No. Arresting Officer ID No. Vacation Period � y Date/Time Re duced Clerk B. Rodriguez #1208 ,.e.,..� I (.. 1 , AMm near �35 ➢PORT BEACH POLICE DEPARTMEC ) Continuation Sheet Page No. Type of Report Booking No. DR Number 2 Arrest Report 07 -8808 Upon our arrival, Officer Hardy, Officer Zeeman, Officer Dugan and I walked towards the front doors of the location to make entry for a bar check. As I approached the doors, I observed several security staff nin into the location. We followed them inside and immediately came upon deft wand deft, _the defts were on the ground fist fighting with each other. As we approached the defts, deft 1 straddled the back of deft. _(Deft — vas repeatedly striking deli On the right side of his back and shoulder area. Deft -y etaliated by swinging his fist up towards deft IL Witi (Fury Security) attempted--to control deft! _ — while Officer Dugan and Officer Hardy handled deft fit )took _ deft Ito the ground and placed him on his hands and knees. Wit __,)ordered him to place his hands behind his back. Deft,- Mrouid not comply with the commands of wit IF �. Deft (!)pulled his arms tight to his body and actively resisted witl It advised deft _ lice 'hat I was a po officer and ordered him to place his hands behind his back: Witj placed deft( left hand behind his back and I was able to get deft -might hand behind his back. Officer Zeeman placed deft, !n handcuffs without further incident. While we were dealing with deft ( —1, Officer Hardy and Officer Dugan contacted deft ___� Officer Dugan observed deft Rmoving towards me after we separated him from deft p. Officer Dugan attempted to detain def _ but he would not comply. Officer Dugan used an arm bar take down to place deftf )n the ground. Once on the ground, Officer Dugan placed deft _1b left arm behind his back while Officer Hardy handled the right arm. Deft _ was handcuffed without further incident. Deft )was still slightly uncooperative after being handcuffed so Officer Dugan utilized a rear wrist lock to escort deft ' out of the bar. Deft had a bloody nose ass a result of the fight. I took three digital photos'of deft I contacted the defts and determined that the fight had possibly started over a female. Based on the fact that the defts were fighting, I arrested them for 415.1 PG Fighting in public. I contacted wit i ____J and asked him what happened. Wit _ : was standing in the VIP section when he was flagged down by a waitress . The waitress advised wit{ R that there was a fight at the front door. Wit _-) responded to the area and observed deft striking deft _I Wit __A attempted to detain deft — loo that he could stop him from hitting deft ' * NBPD arrived and took both deft into custody. Both defts were transported to NBPD Jail and booked for the listed charge. During the altercation, Officer Hardy injured his thumb while helping Officer Dugan take deft _ nto custody. Officer Hardy was transporter! to Hoag for treatment. It was later determined that Officer Hardy had fractured his left thumb. The injury was an accident and not an Intentional act by deft Supervisor Approvi ID No. Reporting Officer(s) ID No. % B. Rodriguez #1208 r�PD rrom, a+sc�'. ) �a10 PORT BEACH POLICE DEPARTMEN ) ARREST REPORT Location of Arrest RD Daterfime Arrested DR Number 4221 Dolphin Striker Way 34 8/25/2007 0140 07 -9067 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # ❑ Yes N No - Reportable Use of Force: ❑ Yes N No Do Charges or Subsequent Charges Involve 646.9 P.C. (Stalking) ? ❑ Yes N No If yes, you are required to complete the Notice of Release on Bail Stalking 646.93(x) PC NBPD Form # 5.22 (Located in the NBPD Jail) , Arrestee's Name 41 Last First Middle OC# 1141. DETENTION ONLY 122443 A" Charge (Section, Code & Definition) PER 848 B(z)/849.5 NKC01 P.C. R PC 647(f) Disorderly Conduct! Public Intoxicatiort .° Arrestee's Name 42 Last Fit Middle OC# 122445 TCharge (Section, Code & Definition) E 647(f) Disorderly Conduct / Public Intoxication Arrestee's Name -#3 Last First Middle OC# S Charge (Section, Code & Definition) Witness #1 DOB Age Res. Phone Bus. Phone _ Address City State Zip W Witness #2 DOB Age Res. Phone Bus. Phone i T Address city State Zip IN $ . Witness #3 DOB Age Res. Phone Bus. Phone $ E" Address City State Zip :T) Arrested By (Private Person) DOB Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Amesk Include Elements of Offenses; Note Nature of Evidence and Location Deposited: On 8/25/2007 at approximately 0120 hours, Officer Rodriguez #1208, Officer Blakely #1302, and I were working uniformed patrol in front of the Fury at 4221 Dolphin Striker Way. We were asked by Officer Perkins to assist with an altercation that he witnessed in the South portion of the parking lot as he was leaving the location with a prisoner in his police car on an unrelated Incident. When we walked over I observed three male subjects standing (later identified as Deft Deft and Wit ear at ;UV. I also observed four females on the other side of the Officer Blakely stood with the male subjects while I contacted the females. Alcohol Involved? ® Yes O No Location: The Fury Supervisor ng ID No. Arresting Officer ID No. Vacation Period A ep uced C rk J. Yee 1254 NBPOF &1(�v. 1a'wi pip RWW r1 4� �PORT BEACH POLICE DEPARTME; Continuation Sheet Page No. Type of Report Booking No. DR Number 2 1 Arrest Report 1 1 07 -8067 The females explained that they had just arrived at the location and had parked next to passenger side of the j They got into a verbal altercation with one of the male subjects who was getting in the parked( They pointed to Deft — Jand identified him as the subject who had instigated the verbal altercation. They continued to tell me that Deft _ gabbed onto both wrists of one of the females and then pushed her. The females said Deft was acting very aggressive and they were in fear for their safety. The female who stated Deft lhad grabbed her wrists did not want a report or prosecution. All the females requested their personal information not be documented for fear of retaliation. I then spoke to Witness ? — Who stated he was friends with Deft rnd and the three of them had been involved in a verbal altercation with some females. Witness rexplained they had just left the Fury where they had consumed several alcoholic beverages. He said he was the most sober of the group and believed Deft —, and) $Were drunk, )laid he did not know what started the altercation but Deft had been very upset. I could smell a strong odor of an alcoholic beverage emanating from witness He was able to articulate himself and answer the questions 1 asked him. He was later released at the scene. I spoke to deft _ who also stated he was friends with Deft land Witnese _ ? Deft, Pshowed numerous signs of alcohol intoxication including and odor of an alcoholic beverage, bloodshot watery eyes, and vary slurred speech. He coulc not answer simple questions like how he was going to get home or what city he lived in. Deft y did admit to being drunk. Based on his objective symptoms of alcohol intoxication and his inability to answer simple questions, I determined he was drunk and unable to care for his safety or the safety of others. I advised him that he was under arrest for public intoxiaation. He was handcuffed without incident. 1 spoke to deftl who stated he had just met deft tonight and that W ItnessL_ vas his boss. Deft —admitted to being in an altercation with some females who had parked next to his SUV. Deft, Showed numerous signs of alcohol intoxication including and odor of an alcoholic beverage, bloodshot watery eyes, and very slurred speech. He admitted that he was drunk. Based on his involvement In an altercation and his objective symptoms of alcohol intoxication, I determined Deft —11 was drunk and unable to care for his safety or the safety of others. He was arrested without Incident. Deft, was transported to NBPD jail by Officer Blakely. Officer Rodriguez and I transported Deft to NBPD jail. Both were booked without incident. A, J. Yee Offiaer(s) 1264 }2 U )PORT BEACH POLICE DEPARTMEK ARREST REPORT Location of Arrest RD Date/Time Arrested DR Number 4221 Dolphin Striker Way 34 8/25/2007 0140 07 -9068 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # none ❑ Yes ® No Reportable Use of Force: []Yes ® No Do Charges or Subsequent Charges Invotve 646.9 P.C. (Stalking) ? ❑ Yes ® No If yes, you are required to complete the Notice of Release on Bail Stalking 646.93(x) PC NBPD Form # 5.22 (Located In the NBPD Jail) Arrestee's Name 41 Last First Mil rile ONLY OC# 01TION tzzy�ry A Charge (Section, Code & Definition) PER 8496W/849.5 P.C. 647(F) PC- Disorderiy conduct intox alcohol F2, Arrestee's Name -#2 Last First Middle OC# .S= T Charge (Section, Code & Definition) E Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 DOB Age Res. Phone Bus. Phone },s Address City State Zip I Witness #2 DOB Age Res. Phone Bus. Phone - T; Address CRY State Zip E Witness 43 DOB Age Res. Phone Bus. Phone .S ' E . Address City State I Zip $. Arrested By (Private Person) DOB Age Res. Phone Bus. Phone Address CRY Slate Z� Describe Circumstances Loading to Arrest; Include Elements of Offenses; Note NaWre of Evidence and location Deposited: On 08/25/07 at approximately 0135 hams, Officer Yee and I were working uniformed patrol in an unmarked uniL We were assigned to a special enforcement detail working the local bars in the area due to a recent Increase in alcohol related violations. Alcohol Involved? ® Yes ❑ No Location: 4221 Dolphin Striker (Fury Rok and Rol Sushi Lounge) Supervisor ving ID No. Arresting Officer ID No. Vacation Period Da a roduuad Clerk B. Rodriguez #12DB SI (R . 1S ) Aram Report I ,PORT BEACH POLICE DEPARTMEY Continuation Sheet 2 Arrest Report 1 07 -9068 We were in the parking lot of Fury Rok and Rol Sushi Lounge monitoring the pedestrians in the area. We were flagged down reference a verbal dispute between two groups of people. Officer Yee was talking with the subjects when I observed the deft standing across the way from us. The deft was very unsteady on her feet while standing and she appeared to be extremely intoxicated. 1 walked over to her to see if she was okay. As I approached her, the deft stated, " Don't start bothering me." The deft began raising her voice and telling me that I needed to leave. I advised the deft to calm down, but she ignored my request and continued to be verbally aggressive with me. I asked the deft if she had been drinking inside of Fury. The deft stated, " Yes." I asked the deft what she had been drinking, but she did not respond. While speaking with the deft, I noticed she had bloodshot watery eyes and heavily slurred speech. I could smell the odor of an alcoholic beverage emanating from her breath and person. The deft had a hard time understanding and answering my questions. Based on deft's objective symptoms of alcohol Intoxication and the fact she was unable to care for herself, I determined she was unable to care for her safety or the safety of others. I arrested the deft for 647(F) PC- disorderly conduct intox alcohol. The deft was transported to NBPD Jail and booked for the listed charge. B. Rodriguez #1208 146 ❑TELEPHONIC ❑BRICFING - ° � "nn� n rl1LICE L&PARTME1...- Preliminary Investigation of. ❑ CPI ❑ VNI DR No. ❑ csU Battery on a Police Officer 07 -9066 Location of Occurrence RD Date &Time Reported to PD Connects Reports - Type & DR 4221 Dolphin Striker Way 34 8/25/2007 0038 Arrest Report Occurred On Or Between: Month !Day I Year Day Time I Month I Day / Year Day Time 8/25/2D07 Saturday 0038 8/25/2007 Saturday 0039 Reportable Use of Force: ® Yes ❑ No Stolen / Lost Reoov Est Dam. Arson/Vandalism $0 $0 0 Last Name (Firm name if business) First Name Middle DOB Age ex De Hg Wgt Hair Eyes Officer Yee Residence Address CRY State Zip Res. Phone V 1. Business Address City State Zip Bus. Phone C 870 Santa Barbara Dr. Newport Beach CA 92660 (949) 6443717 Victims Occupation VictNYs Condition Veh. Lic. No. State Year Make Model Color(s) M Police Officer Notifications Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? O Yes ® No Victim Desires Confidentiality? O Yes ® No Domestic Violence Related? O Yes ON Gang Related? O Yes ® No Hate Crime? O Yes ® No Alcohol Related? Weapon Involved? O Yes ®No Weapon Involved? O Yes ® No Weapon Involved? O Yes ® No ® Yes O No Name If Known - Booking No. & Chame RAaesied Kist Addluonar ausp@m m Narreave) DOB Age Sex Desc HgL Wgt. I Hair Eyes Address City State Zip Res. Phone Bus. Plane S Unknown SPersonal Oddities (Unusual Features, Scars, Tattoos, Etc) Type of Weapon Dtaeats.FOrce.SlmuNd Gun, rte) If Kr& or Gun, Dwaffm P None Open hand E Clothing - Additional Descriptors C i( — — Additional Suspects? O Yes (Llst on Page 2) ®No Veh. Lic. No. State Year Make Model Type Cofor(s) None Inside Colors) Modifications Damage~itional Desc. -vr16n e Narne Residence Address n CRY state Zip W Officer Rodriguez #1206 DOB Age Sex Business Address (Include Zip Code) Bus. Phone Res. Plane 870 Santa Barbara Dr., Newport Beach CA 92660 (949) 6443717 de Name Residence Address City ate Zip W Officer Henry #1167 DOB Age Sex Business Address (Include Zip Code) Bus, Phone Ras. phone 870 Santa Barbara Dr., Newport Beach CA 92660 (949) 644 -3717 . O.• sPECM0 RnN&S UALA, C710NS 1HATUAYIEN0T0I0EN J,IFYTfas8Us,P(U9 nurse WASxadditW eewe.i Named suspect ushPe9' Force LI No Force n-- _ PnRrx after Refer to arrest report for npfaRs. Supervisor yr ID No. Investliiatkng Offloers) ID No. Signature of R sporting Person Da I Yee 1254 Prod 1 PDF Al .12ae ��l ,ai'PORT BEACH POLICE DEPARTMEf.. -'} ARREST REPORT Location of Arrest RD Dataffime Arrested DR Number 4221 Dolphin Striker Way 34 $/25/2007 0039 07-9068 Connecting Reports by Type and DR Number Videotape of Arrest Crime Report Videotape # ❑ 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 Lest First Middle Oqf ! _ 122442 RCharge (Section, Code &Definition) is PC 243(B) Battery on Police Officer E Arrestee's Name -92 Last First Middle OO# T Charge (Section, Code & Definition) E E Arrestee's Name 43 Last First Middle OC# S Charge (Section, Code & Defndion) Witness #1 DOB 4e Res. Phdhe Bus. Phone " "> ress City State Zip W ness #2 [Address DOB Age Ras. Phone Bus. Phone N City Site 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 Loading to Anesg Include Elements of OBenses; Note Nature of Evidence and Location Deposited: On 8/2512007 at approximately 0038 hours, Officer Henry #1157, Officer Rodriguez #1208, and I were working uniformed patrol standing in front of the Fury Sushi Lounge at 4221 Dolphin Striker Way monitoring the crowd. We had just conducted a bar check of the location in which the security stated they had 425 patrons inside. We observed approximately another 50 subjects outside of the location eithOr waiting in line to get in orJeave the location. We were standing on a raised center median in the parking lot just in front of the entrance/exit. Alcohol Involved9 ® Yes ❑ No Location: Fury Supervis0 I No. Arresting Officer ID No. Vacation Period Rep roduced Clerk ]-m-n M� J. Yee 1254 um5. (w.t `A o- WPORT BEACH POLICE DEPARTMEL ` Continuation Sheet Page No. Type of Report Booking No. DR Number 2 Arrest Report 07 -9066 While monitoring the crowd I observed four subjects, two males and two females, walk down the exit stairs. The males appeared to be trying to engage the females in conversation. The two females walked away from the males and stood next to me. One of the females asked me if we were there to "monitor drunks and break up fights." I started to converse with the female when one of the males (later identified as Deft( _ valked up to us. I made eye contact with Deft _ s he walked up. He did not say anything to me but walked up and stood approx. 6 inches from me on my right side. He appeared to be trying to get between me and the female that was talking to me. 1 told Deft( that he needed to move away from me. Deft looked me in the #face and with his right hand pushed my right shoulder. As he was pushing me I grabbed onto his right arm. He quickly pulled his right arm back and took a step back and raised both hands into a clenched fist and stood in .a fighting stance. I instantly lunged at Deft ( thinking he was getting ready to throw a punch at me. I grabbed onto his right wrist with my right hand and his upper left arm with my left hand. He began to spin to his left causing his sleeve of his shirt to tear near the shoulder. I attempted to take Deft to the ground using an arm bar technique. Deft wntinued to spin to his left and into Officer Rodriguez who came to my aid after realizing I was in a physical altercation. Officer Rodriguez grabbed Deft{ from behind with both arms around his waist. I let go of Deft ( - -farm knowing that Officer Rodriguez was going to attempt to take him to the ground. Officer Rodriguez lifted the subject off of the ground and fell to his left side causing both to go to the ground. Deft{ 'vas now on his back on the ground. I instructed Deft. o roll onto his stomach. Deft( attempted to stand up so I grabbed onto his upper torso and Officer Rodriguez and I rolled him over. Deft got his hands underneath his chest and tried to push off of the ground to stand up. I Instructed him numerous times to "stop resisting" and "give us your hands." Ded— t continued to actively struggle and began thrashing his head from side to side. I used my right hand and pushed his head against the ground to avoid his head hitting mine. Officer Rodriguez was ydng on the deft's back. Officer Rodriguez applied his right forearm across the deft's upper back and back of his head. Deft — rut his left arm to his side and said, "here's my arm, here's my arm " 1 grabbed onto his left arm and pulled it behind his back while placing my left knee onto his left shoulder and upper back. Officer Rodriguez then grabbed onto his right arm and instructed Deft to give it to him. Deft ` omplied and was handcuffed. I immediately started searching the subject for weapons and other contraband subsequent to his arrest. I asked Deft _ he had any weapons on him. Deft (-- satd, "I don't have any drugs on me." I had not even asked Deft ( _ if he had any drugs on him. He repeated that same phrase two more times during the search. No contraband was located. I noticed a small abrasion above Deft _. ight eye. He stated he desired no medical attention. 1 smelled a strong odor of an alcoholic beverage emanating from Deft i _'mouth and person. He had bloodshot watery eyes and slurred speech. The two females and other male had left the scene. Officer Perkins arrived on scene to assist. Deft was placed in the rear of Officer Perkins' patrol vehicle. While filling out Deftf _ t booking form I could see him moving around In the rear of the patrol oar. When I opened the door to see what Deft 1 was doing I saw that he was attempting to move his handcuffed hands from behind his back to the front. He had managed to get his left leg through but now had his hands underneath his right knee. I had Deft exit the police car to get his hands back behind his back. Officer Perkins transported Deft, to NBPD jail for booking with no further incident Sgt. Whlsenant responded to NBPD jail and took photos of Def( rte• ••w• ^rr•� 1 w M. Reporting Officer(s) ID No. 7 Yd I J. Yee 12 54 kPORT BEACH POLICE DEPARTMEN ARREST REPORT Location of Arrest RD Datemme Arrested DR Number 221 oc P ! `JT21KF1L 31 (o-7 - 2215 07—`13x} M.ng Conne Reports by Type and DR Number Videotape of Arrest Videotape # & 1 ❑Yes f&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 Ball Stalking 646.93 ad In the NBPD Jail) Arrestee's Name 41 Lag First oC�L� k0i ARRESTED � a PER 849 B( 848.5 P. v2o2S� Charge (Section, Code & Definition) 6y F) PL �1SO2pEEr y o JDvGT // Q VPLIG ��dTD�tGil7totJ Arfestee's Name 42 Last First Middle — WIA OC# Charge (Section, Code & Definition) Arrestee's Name -93 Last First Middle OC# rJ 1A Charge (Section, Code & Defintilon) Witness #1 T Z5EMXw'1 -330 DOB — Age _ Res. Phone Bus. Phone 'I"M 6qq 370, Address c State Zip 870 SA,J';-A N><�,�!(aap-r 8 Cpl 4266o Witness #2 Q x`133 DOB Age Res. Phone Bus. Phone 0 titCE -41 . Care -e6Sla - Address 0 SA-IrA gMaUZ N EW Poru B �aii s state Witness #3 - /A DOB Age Res. Phone Bus. Phone t,/ _ Address City State Zip Arrested By (Pdvate Person) DOB Age Res. Phone Bus. Phone .. A Address City State Zip Oesaibe Circumstances Leading to Arrest; Indude Elements of Offenses; Nob Nature of Evidence and Location Deposited: t21:S=>ve. +a PA-�.E TiJa Fbrt.. b�-A I IBS Aioohol Involved? ® Yes p No Location: Fvtzy ZZl Da(Ah -1 '5-r2iq 0 Supervisor App ID No. �� Arresting pHicer ID No. K -J) tjoso .i 7505 Vacation Period Date Te Reproduced "1 Cle wmr VBPn f I �fm A,� !WPORT BEACH POLICE DEPARTMIs ,! CONTINUATION SHEET Page No. Z Type of Report Aacesr QF..Pb&; Booking No. DR Number 0-1 -631Y7 A OSJSAII 2009j Ar AAR. Vi,,tAT't: L / 10: 00 Ptd# S WAS Wo2ki -Adr FbgIiQ PA�r as, 6 M i Tp KY N rg e e j OPPICZAL, E 1AA..e! . LJ E WV. 04 Foa7- ConlD�crinlG A f3h2 C."i -CK AT Fvity 422.1 DoI.P4W ST�RIKEe) WNWA = osseeger> DE.pi, ! t, -.F- ©Bseenl> Ex I T E 15STAGLa 5 +I M C; A'I V t A TI9 r J c-sr E x r ~r- bona - _ As"i ..a �J IJOW11 SEcv2rN G A,RD okrrs. A P5' To b v (? 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Supervisor Approving ID No. R rKflosr(s) ID No 5 ) WPORT BEACH POLICE DEPARTM( } i-1 TELEPHONIC ❑ BRIEFING P I; E C ] CPI ❑ VNI re Im nary Investigation of: []GSU 242 PC - Battery (Bite to Person) 07 0940o Location of Occurrence RD Date & Time Reported to PD Connected Reports - Type & DR 4221 Dolphin- Striker Way 34 9 -1 -2007 2054 none Occurred On Or Between: Month / Day 1 Year Day Time Month / Day / Year Day Time 9 -1 -2007 Saturday 1245 & i9-1 -2007 Saturday 0115 Reportable Use of Force: ❑ Yes Z No Stolen / Lost Recovered Est -Dam. Arson/Vandalism $ 0.00 $ 0.00 We Last Name (Firm name 'rf business) First Name Middle DOB jAge Pox I Desc Hgt Wgt I Hair Eyes Reskence Address 5: 11 Ity State Zip Res. Phone V at CA _ I Business Address City State Zip Bus. Phone C _ CA T Victim's Occupation Victim's Condition _ I Veh. Lk;. No. State Year Make Model Colors) M normal Ma Not ficat ons Persons 8 Division Victim Advised of Confidentiality Provisions Per 293 PC? O Yes (9 none Victim Desires Confidentiality? O Yes ®No Domestic Violence Related? O Yes ® No Gang Related? O Yes ®No Hate Crime? O Yea ®No Alcohol Related? Weapon Involved? O Yes ® No Weapon involved ?O Yes ® No Weapon Involved? O Yes ® No ® Yes O No Name If Known- Booking No. & Charge if Arrested tun AddWonn suspects In Narao") DOB Age Sex Desc H9L Wgt Hair Eyes unknown - 23 F W 5'4 110 Bro Address City State Zip Res. Phone Bus. Phone S unknown S na! Perso Oddtiies (Unusual Features, Scars, Tattoos, Etc) Type of Weapon (trs0at5,F0=,SIMulm Gun. Etc) NKnNaerGun, oacnbe P none seen human teeth _ _ E Clothing - Additional Descriptors — - C Additional Suspects? O Yes T — - -- -- - (List on Page 2) ® No Vah. Lic. No. State Year Make Model Type Cokx(s) n/a Inside Colors) Modifications Damage-Additional Desc. w s P e Name Residence Address City state Zip W l -- _ B Age Sex I Business Address (include Zip Code) Bus. Phone Ras. Phone ode Name Residenoe Address CHy State Ztp OS iAge TSexTBuslness Address (Include Tap Code) Bus. Phone Res. Phone .- SPEdFIC OR UNUSUAI. ACTIONanuT MAY TENe TO rDEMIFYni�s SUSP.Ilpe rawc,e ake foraddlawel ne"sum.) Burg, ❑Force [3 No Force Intoxicated female- SU4PaCt_grahs MLOf vir fim and hmtes victim on left choilldpr Supervisor Approving ID No. Investigating OfficeKs) ID No. Signature of Reporting Person 3 S. Sa 1320 arPO s. z-0s cnme aepW %/ `+D IwPORT BEACH POLICE DEPARTML''. ) Page No. Type of Investigation DR No. 2 242 PC - Battery (Bite to Person) 07 -09400 (1) List additional suspects, victims. Involved persons. (2) List stolenhecovered property. (3) Reconstruct the occurrence: Include all elements-of the Quan. Article Brand SModel Serial No. Misc. description (Color, Sim, Dollar Value No. , ... �.,,,._. �. On 9 -1 -2007, at approximately 2059 hours, I was working uniformed patrol in a marked police vehicle. I was dispatched to ( ►Hospital, located at( in reference to a Battery Report. Upon arrival, I met with Viol in the Emergency Room, Bed i i _, stated that on 9-1 -2007, at approximately 0100 hours, she was at a night club called "Fury° in Newport.Beach. While inside "Fury", she was waiting inside the women's restroom when a female approached her and grabbed hair. The female was described by' las an extremely intoxicated white female with I _ years of age, wearing a' and Using her left hand, the suspect grabbed LL haft _# not sure what to do, held the suspeers upper anus using her own two hands. The suspect began to frantically attempt to gain free, but continued to hold Hemarldez's hair. The suspect then opened her mouth, and placed her teeth on ` _►left shoulder. As soon as contact was made with the shoulder, the suspect, bit down on It shoulder. I asked how the struggle started. _stated that she was standing in between the suspect and another female (NFD) in the restroom. The suspect had told the female that she was cutting in front of her in line and that she was fat. In retaliation, the unknown female threw a cocktail onto the suspect. The suspect then became enraged and provoked a struggle with F k. )stated that the suspect must have thought that Vas with the unknown female. Security entered the restroom and physically separated __,land the suspect. _ -} told security that she wanted NBPD to respond and file a report. Security had told her that If she did, both the suspect and ►would be arrested for fighting. In fear of arrest, _ was unsure on what to do. "` lid not see the suspect again the rest of the night. )asked'— _t if anyone else witnessed the incident. _ told me that her friend, was present at the time. %Iso stated that � possibly knows the suspect from another circle of friend! not present for questioning. I observec _ _ - -_Heft shoulder. I observed a laceration approximately 314 inch long. The laceration possibly looked as 9 was made by a tooth. No other injuries were seen on _ x Hospital admitted _ f at approximately at 1927 hours according to hospital staff. ---= _ vas seen by Dr. br the laceration. I took 4 digital photos OM � '711nd her injury. oupervisor approving ID No. Reporting Officer(s) ID No, AZ- 'r 03 8 I S. Sa 1320 1ol 1 NEWP )T BEACH POLICE DEPAR RENT FOLLOW -UP REPORT Type of Original Report Date of Original Report Date of This Report Master Case No. BATTERY 09 -01 -07 09 -04 -07 Muiti le 07 -09400 Reclassify Master Case To Victim Poflow Up No. � 1 Mastery Property Value Rw This Report Total RPM foss ❑ Total Rerovery ElPanial Re0ove ❑ Change of Total Value Master Case Status Property Disposition 80 Held in Abeyance ❑ Release ❑ Dispose ❑ Hold Until S DET CODED 1) List related reports by case number, type, crimes, victim's name, and case status using case status numbers. 2) Describe my chvrge in property or value. 3) Describe any addition property losa. 4) Identify partial m averies. 5) Briefly sumnrarim the original incident 6) Explain investigation progress and case status. 7) Reclassify related cases. CASE SUMMARY: Allegedly intoxicated female suspect grabs victim's hair and bites her on the left shoulder. CASE INVESTIGATION: On 09- 04-07, I was contacted telephonically by the victim. The victim told me that she did not desire prosecution for the aforementioned offense. The victim stated that she felt pressured to make a police report by an unknown nurse at. Hospital. The victim added that she did not know the female and felt that pursuing the matter would be a "waste of time". CASE STATUS: HELD IN ABEYANCE supervisor Approving roxo. L— Reporting office UW. DaWTimc Reproduced, Clerk t'-&� r I Cartwright 1228 a�, �PORT BEACH POLICE DEPARTMEr ARREST REPORT Location of Arrest RD Date/Time Arrested DR Number 4221 Dolphin Striker 34 913(1007 0155 07 -09451 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # None ® Yes ❑ No DVO01669 Reportable Use of Force: ❑ Yes R 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(x) PC NBPD Form # 5.22 (Located in the NBPD Jail) Arrestse's Name 41 Last First -Middle- DETENTION — ONLY /2257 A - — -- DEEIAE®XMIARRESTE Charge (Section, Code & Definition) PER 849 0(4 j1849.5 PC. R 647(F) PC - Public Intoxication / Disorderly Conduct E Arrestee's Name -92 Last First Middle OC# S 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 Ofc. Sa #1320 Address City State Zip NBPD W Witness #2 DOB Age Res. Phone Bus. Phone — N Address city state zip E sc Witness #3 DOB Age Res. Phone Bus. Phone S _ E Address City state Zip S Arrested By (Private Person) DOB I Age Res. Phone Bus. Phone Address City State I zip Describe Circumstances Leading to Arrest; Include Elements of Offenses; Note Nature of Evidence and Location Deposited: On 913107 at approx. 0145 hours I was working uniformed patrol in a marked police vehicle. Ofc. Sa and I were seated in our patrol vehicles in the parking lot of "Fury" - 4221 Dolphin Striker at the west end of the parking lot. I was facing the front door of "Fury" as patrons began exiting the bar for dosing. While 1 was observing patrons leaving the bar I saw a male wearing a ( shirt and( ) swaying heavily from side to side as he was walking towards my patrol vehica. 1 exited my patrol vehicle and asked the male subject, later identified as Deft.;_?. If he was alright. Deft. )Continued to walk towards my patrol vehicle Alcohol involved? j Yes O No Location: Fury-4221 Dolphin Striker Supervisor Approving ID No. Arresfing Officer ID No. Vacation Period DateMme Reproduced Cie _ S S. Dugan 1293 �t Row 1A �)WPORT BEACH POLICE DEPARTME Continuation Sheet Page No. Type of Report Booking No. DR Number 2 Arrest Report 07 -09451 and as he was walking it appeared as if he was going to fall down. Deft., _ hen approached me and I asked If I could speak with him and he agreed. Deft Stood next to me and as I was speaking with him I could smell the strong odor of an alcoholic beverage emanating from his breath and person. Deft. eyes were also very bloodshot and watery. 1 asked Deft. where he was going and he said he was walking over towards his vehicle "to take a nap.' Deft.!— -_.. speech was heavily slurred and at some points during our conversation 1 was unable to understand what he was saying. i asked Deft. if he was at the bar with any of his friends and he said he came to the bar by himself. I also asked Deft. jif he had his driver's license with him and he handed me his "24 hour fitness" card. I handed him the card back and stated that was not his driver's license. I asked him for his license a second time and he again handed me his "24 hour fitness" card. After speaking with Deftf I determined he was too intoxicated to care for his own safety or the safety of others and placed him under arrest for 647(F) PC - Public Intoxication ! Disorderly Conduct 1 placed Deft. j_'in handcuffs without incident and transported him to NBPD jail for booking on the listed charge. Supervisor Approving ID No. Reporting Officer(s) ID No. C. lay Y" I S. Dugan 1293 NBPD Fa 3.15(Rev. 948) - 1 50 N '�ORT BEACH POLICE DEPARTMEN':: ) ARREST REPORT Location of Arrest RD Daterrime Arrested DR Number 4221 Dolphin Striker Way (Fury nightclub parking lot) 34 9/7/2007 0035 07 -9615 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # Property ❑ Yes N No Do Charges or Subsequent Charges Involve 646.9 P.C. (Stalking) ? ❑ Yes N No If yes, you are required to complete the Notice of Release on Bail Stalking 646.93(x) PC NBPD Form # 5.22 (located in the NBPD Jail) Arrestee's Name -01 Last First Middle OC# A Charge (Section, Code & Definition) R 11352 H &S Furnishing Cocaine E Arrestee's Name 42 Last First Middle OC# 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 949 - 644 -3757 Address City State Zip Witness #2 - DOB Age Res. Phone Bus. Phone 1 9494644 -3759 NAddress City State Zip E S Witness 03 DOB Age Res. Phone Bus. Phone S Confidentiallnformant E Address City State Zip S Arrested By (Private Person) DOB Age 7'—pl—one 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 1' AI 1 ohred? es IM No Location: Su a so g IDryp„I S 't� t Arresting Officer- ID No. Vacation Period D me Reproduced CIeAr 2111-4 IV t 1209 12/17/07 - 12130/07 Aeest Report { t PORT BEACH POLICE DEPARTME! Continuation Sheet Page No. Type of Report Booking No. OR Number 2 Arrest Report 07 -9615 On 917/071 (along with l was working plain clothes as a Narcotics Detective. I received information that there was narcotics activity at Fury nightclub located at 4221 Dolphin Striker Way. At approximately 2100 hours we arrived at the nightclub in an undercover capacity to monitor the establishment for narcotics activity /ABC violations. We were accompanied by a Confidential Reliable Informant (CRI). Prior to entering the establishment, we searched the CRT's belongings and did not locate any narcotics. We entered the location and began to monitor the crowd and the environment The nightclub did not appear to be overcrowded nor did we observe any obvious ABC violations. At approximately 2345 hours the CRI advised me that a person by the name of I had Cocaine for sale. Aasked the CRI to walk outside to his vehicle to conduct the transaction. NO Ind I maintained constant visual surveillance on the CRI and 1. land the CRI walked out to the parking lot and entered a'_ _ _ (Ca. Lic.i - -�� parked in the middle of the lot. ' started the vehicle and drove it a short distance within the lot. He parked in a different stall on the other end of the parking lot. ' __,#turned off the car and they both exited the vehicle. The CRI motioned to me that he/she had obtained Cocaine. Det. ! _ _ id I contacted _and I showed him my identification. We did not handcuff ( nor did we tell him that he was under arrest. _Det. _Jadvised I )that we were watching him and asked if he had Cocaine in his possession. said, `Yes, In my front left pants pocket. Someone gave it to me." Det. —__TA retrieved a white folded up piece of paper that contained Cocaine. Det — land 1 walked r to Officers Henry & Stucken (Unit 126). " "_' was identified as _ s. Officer Stucken searched _ and recovered U.S. Currency from his rear pants pockets. Det. }sked 11how much money he thought he had on him andL said, "Almost $2000.00.'. Officers Henry & Stucken took possession of all of the evidence (Cocaine, money, U.S. Currency, cell phone) and transported _moo NBPD jail where he was booked for 11352 H &S (Furnishing Cocaine) 1 spoke to the CRI who told me that he/she was walking to the bathroom and approached him/her and asked her if he/she wanted a drink. The CRI said yes and purchased him/her a drink from the bar. i asked the CRI If he/she wanted to °powder his/her nose". The CRI understood "powder nose" to mean ingest Cocaine. The CRI told a `Yes° but he/she needed to go to the bathroom first. The CRI went to the bathroom and called me on my cell phone. The CRI advised me what. Asked. Det and I walked to the bathroom area and contacted the CRI and advised the CRI what to do. The CRI walked out of the bathroom area and grabbed the CRI and said, "Come with me, we have to go to my car. ". He Insisted that they conduct the Cocaine exchange inside his vehicle. The CRI said that they walked out to his vehicle and they got in. The CRI said that they drove to another parking spot and he told him/her to get a dollar bill because he only had large bills. The CRI handed a dollar bill. He removed a small white folded piece of paper out of his left front pants pocket and poured some Cocaine in the dollar bill. He wanted the CRI to ingest the Cocaine inside the vehicle. The CRI told him no. He crumpled up the dollar bill and handed it to the CRI. They both exited the vehicle and Det. Psaros and I contacted Det and I responded to NBPD jail to speak to _ . I rear( _ his Miranda Rights per NBPD form 5.11.` answered "yes" to all of the questions and agreed to talk to us. He admitted to furnishing the Cocaine and said that an unknown person by the name of 1 ^__r (who is a club promoter) gave him the Cocaine that he furnished to the CRI. I weighed and tested the Cocaine. The Cocaine inside the dollar bill weighed 1.1 gross grams and the Cocaine inside the folded up piece of paper weighed 1.1 gross grams. I tested the items separately. Both items tested positive for Cocaine using a 904 Reagent test Det itemized all of the money that was in4 possession. 4 )shad $1,563.00 in his right rear pants pocket and $200.00 in his left rear pocket (total of $1,763.00). jiliooked all of the property. money wAs seized andL was given a receipt for seizure and personal notice of intended forfeiture (which he signed). 8upervi P 9 ID No. Reporting Officer(s) ID No. t N13+D F"9. (Rm. 388) 5'�_ N' TORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest RD Dataffime Arrested DR Number 4141 McArthur Blvd. 34 1 9-8 -2007 0239 07 -9657 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # None ❑ Yes ® No Reportable Use of Force: ❑ Yes ® No Do Charges or Subsequent Charges Involve 646.9 P.C. (Stalking) 7 ❑ Yes ® No If yes, you are required to complete the Notice of Release on Bail Stalking 646.93(x) PC NBPD Form # 5.22 (Located in the NBPD Jail) Arrestee's Name -91 Last First Middle OC# A Charge (Section, Code & Definition) R 647(1) PC Public Intoxication Disorderly Conduct Arrestee's Name -#2 Lest First Middle OC# E T� Charge (Section, Code & Definition) E E Arrestee's Name 43 Last First Middle OC# S Charge (Section, Cade & Definition) Witness #1 DOB Age Res. Phone Bus. Phone Ofcr Henry #1157 Address City State Zip Newport Beach P.D. W Witness #2 DOB Age Res. Phone Bus. Phone T• Address City state Zip N $ Witness 93 DOB Age Res. Phone Bus. Phone S E Address City State 2Ip Arrested By (Private Person) DOB Age--" Phone Bus. Phone Address City State Zip Describe Circumstances leading to Arrest Include Elements of Offenses; Note Nature of Evidence and Location Deposited: On 9-&07 at approximately 0235 hours, my partner, Officer Henry, and I were working uniformed patrol in a marked Newport Beach Polkre vehicle. We responded to 4141 McArthur Blvd. reference a radio call from dispatch of a possible drunk male verbally arguing with business employees and refusing to leave the location. When we arrived at the location, we observed a male later Identified as Defendant j, in a verbal dispute with several employees. When noticed our _ arrival, he immediately begin to walk away from us. We identified ourselves as Newport Beads Police Officers and spoke with him. ' Alcohol Involved? N Yes ❑ No Location: FurY Supervisor Approving ID No, Arresting Officer ID No. Vacation Period W'9 ti IFI-7e ft? '07 1 Datarllm6 Reproduced CIe 9 8''d 7 S/ R. Stucker 1336 BPq F=M inn. t H 'PORT BEACH POLICE DEPARTMEN' � Continuation Sheet Arrest Report 07 -8557 When i contacted I could smell a strong odor of an alcoholic beverage coming from his breath and person. His eyes were watery and bloodshot, and his speech was slurred. He was incoherent and had a difficult time following simple Instructions. Furthermore, he was unsure of his location. tj stated to me he thought he was in Los Angeles. He stated that he had taken a limousine from his work place in Los Angeles to the club called 'Fury', within the Newport Beach city limits. sought that he was back in Los Angeles on Sunset Blvd. Based on the totality of the circumstances, 1 formed the opinion that Am'— , was unable to care for himself and the safety of others. I arrested him for 647(0 PC, Public Intoxication - Disorderly Conduct and he was booked into NBPD Jail for the above mentioned charge. The arrest was not documented via videotape due to the fact that I forgot to activate the video recorder. R. Stucken 1338 l FILE COPY ADM17 8 5 3 B C �RDl UD'AEPA610 ^ nenw IFlret mwdaa yam) einn Date" cai aecmny rvumaer rreign _ Vouary bring hsuad an AEan' Isimll" C111"M for this violation m tbu or Cnmrrlal Pn9aecunon. AtldlHOnai vbletlons may rerun in Crimhlal Prosecution and(or addi- lbnafAdminlatretive fbea. Inamw Coda and Secaon. Description mvblatlorKs): Issuing otncer(s): ID Number X �1 Y�v 1aScr ID Number f X Additional Servkas at die scene: Flre Departrneni ❑ Oenaral Services ❑ vaow, I Id addition to the fine, you may be responsible br arty. adtlitional poet entl teas incurred by the city. ❑ Saf Enhancement Zone - Flnes May Be Tripled RECFJJT BY. X • LA, F ,� l i Lc NIPD rm te."mw. 08,09) I�5 FILE COPY ADM 18 5 4 7 B �,g., PCSFIT BEACH UJOE DEPARTMENT a Name (FIA MIM, Lea, I BIM Dele . 'SBne Orli _,, .... _. I3oge13ecunfY NUM1iber - Sin 1 . -.I EM 'I Height Von a euelrtg >N IMNItirtive Clistion ftx t v of on ni�I,71F, o mfrrei Proseauliom Additions! violations may result in Criminal Pmeectalan andlor arltli. tional Administrative fines. Violation Code sol Section. Descrlptionol Viclation(a): (,124 n..> [a r I.v f fAj e^ Issuing officer(s): ID Number ID Number ,.. NSPn F 15.6.4 (Rw.0MR I5W N +PORT BEACH POLICE DEPARTMEN' ARREST REPORT Location of Arrest RD Data rime Arrested DR Number 4221 Dolphin Striker 34 9/912007 0140 07 -9697 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # none ❑ 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(x) PC NBPD Form # 5.22 (Located in the NBPD Jail) Arrestee's Name 41 Last First Middle OC# DETENTION ONLY 122 A Charge (Section, Code & Defnitton ____ j OEEMED NOT ARRESTED R 647(F) PC- Disorderly conduct intox alcohol PER 849 B(a )1849.5 P.C. R Arrestee's Name -#2 Last First Middle OC# E DETENTION ONLY r T Charge (Section, Code & Definition) E 647(F) PC- Disorderly conduct intox alcohol PER 849 B(G01849.5 PC. E Arrestee's Name 43 Last First Middle OC# S Charge (Section, Code & Definition) Witness #1 - DOB Age Res. Phone Bus. Phone -- Address City State Zip W Witness #2 DOB Aga Res. Phone Bus. Phone Naad�ss city state Zrp E S Witness #3 DOB Age Res. Phone Bus. Phone S E Address City State I Zip S Arrested By (Private Person) DOB Age Ras. Phone Bus. Phone Address City State Zip Describe Orcumstances Leading to Arrest; Include Elements of Offenses; Note Nature of Evidence and Location Deposited: On 09/09/07 at approximately 0130 hours, Officer Foss, Officer Yee and I were working uniformed patrol in an unmarked unit. We were assigned to a special enforcement detail working the local bars in the area due to a recent increase in alcohol related Violations. Alcohol Involved? 0 Yes ❑ No Location: 4221 Dolphin Striker (Fury Rok and Rol Sushi Lounge) Supervisor Approving ID No. Arresting Officer ID No. Vacation Period W' VAA d / d DaterFi a Reproduced Clerk ��a w p6� B. Rodriguez #1208 NOPO Pmm 8.1188.. 17!031 - AMI RIW 151 LVPORT BEACH POLICE DEPARTMEr Continuation Sheet No. 2 Arrest Report ' 107 -9697 Officer Foss, Officer Yee and 1 were driving through the parking tot of Furi Rok and Rot Sushi Lounge when we observed deft West sitting on the ground in a parking stall. Deft — was laying across his lap and appeared to be sleeping. I contacted them and asked them what they were doing. They indicated that they had been drinking inside of Fury and had come outside to try and find a ride. I asked them if they remembered what they were drinking Inside the bar. Deft' ladvised me that they were drinking Vodka and Red Bull. Both defts were extremely intoxicated. Deft ( i was having a hard time maintaining her balance while sitting. While speaking with the defts, I noticed that both of them had bloodshot watery eyes and heavily slurred speech. The defts had the odor of an alcoholic beverage emanating from their breath and person. Deft — i had a hard time answering basic questions. Deft ' tood up on Mb different occasions and had to use his arms to maintain his balance. Based on defts' objective symptoms of alcohol intoxication and the fact they had nobody to care for them, I determined they were unable to care for their safety or the safety of others. I arrested the defts for 647(F) PG disorderly conduct intox alcohol. The defts were transported to NBPD Jail and booked for the listed charge. Supervisor Approving ID No. (Reporting Of cer(s) to No. l- , t, t — - lDd'a B. Rodriguez #1208 I N" )PORT BEACH POLICE DEPARTMENT ❑ TELEPHONIC IYVING - Preliminary Investigation of: 00 I ❑ Assault with a Deadly Weapon D7 -sa38 Location of Occurrence RD Date & Tsne Reported to PD Connected Reports- Type & DR 4221 Dolphin-Striker Way 34 9 -15.07 0246 i Property Month / Day / Year Day Time Month / Day / Year Day Time Occurred On Or Between: 9 -15-07 Saturday 0215 9 -15 07 Saturday 0245 Stolen / Lost Recovered Est. Dam. ArsonNandallsm Reportable Use of Force: ❑Yes ®No $ N/A $ N/A N/A Last Name (Flan name If business) First Name Middle I DOB lAgg pax 1 Desc I Hgt Wgt Hair Eyes Residence Address City State I Zip Res. Phone Business Address City State Zip Bus. Phone T" Victim's Occupation Victim's Condition Veh. Lic. No. State Year Make Model Colors) l' Upset Ped O Yes 0 N k: Notifications- Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? i ... ems. None V'rotan Desires Confidentiality? O Yes 0 No Domestic Violence Related? O Yes 0 N Gang Related? 0 Yes 0 No Hate Crime? O Yes ® No Alcohol Related? Weapon Involved? O Yes 0 No Weapon Involved? O Yes 0 No Weapon Involved? O Yes ® No ® Yes O No Name If Known:apoWng No. & Charge If Arrested (LM AdMoml suspects In Nairasve) DOB Age Sex Dose Hgt. Wgt. Hair Eyes Address City State Zip Res. Phone Bus. Phone S` Unk U± Personal Oddities (Unusual Features, Scars, Tattoos, Etc) Type of Weapon uhreatooroe sintukd Gun. Etc) If Knife or Gun. Desna: S Baseball Bat Clothing - Additional Descriptors Additional Suspects? O Yes (Ust on Page 2) ® No Veh. Lic. No. State Year Make Model Type Color(s) UNK Mercedez I Grey /Silver -?,' . Inskle Colors) Modifications Damage - Additional Deco. V.Vkrn W Pe P ame Residence Address City rde DOB I Age Sex Business Address findude 71n Code) Bus. Phone Res. Phone J Name Residence Address City state Zip w r DOde B I Age ISex I Business Address (include Zip Code) Bus. Phone Res. Phone _ . c,. spmFiconuousuALAcmasnurnwYmrDmiDeNTiFvTrs >amOiserewneraef&Kwwwt avej Burg: oForce [3 No Force ' '- known female su utpect syvings h tali bat at -aim - - Supervisor Approving ID No. Investigating Officer(s) ID No. Signature of Reporting Person ,; pr /03 R. Stucken 1338 Date & rodu C l N, - ORT BEACH POLICE DEPARTMEM.-) Page No. of Investigation DR No. 2 IType Assault with a Deadly Weapon -9938 (1) List additional suspects, victims, involved persons. (2) list stoteriftecovered property. (3) Reconstruct the omnence: Include all elements of the criffle. 4) Describe an evidence, Including Drints state locations found and by whom. Give disposition. 1, 0* t M1 (C16lqE, S UiDollar Value' . ,Yti. Additional Witness: On 9-15-07, at approximately 0250 hours, my partner, Officer Henry, and I were working uniformed patrol in a marked Newport Beach Police vehicle. We received a radio call of a possible assault at 4221 Dolphin-Striker Way, outside of "Fury." When we arrived at the location, we were met by victim - - stated that he was assaulted by the security staff of the establishment after he was Involved in an incident with a female guest. Victim ___—_)stated the following: stated that he was inside of the dub during the evening. At the closing of the club, he and his friend, Witness #3 i, exited "Fury." Outside of the establishment, Victim was talking with the previous listed female suspect The two were in a conversation when stated that he said something "rude?", "Inappropriate", and "too forward" to the female suspect. He stated that at this time she became very upset and said she was going to her vehicle to get a baseball bat to hit him. Victim stated that he thought she was kidding and just laughed at her In response. He stated that she quickly returned from her vehicle holding a wooden baseball bat. She swung the bat at his head.,(- stated that due to . his martial arts training, he was able to avoid the bat swing. He stated that at this time he to ok the female down to the ground - by removing both of her legs from underneath her. He stated that he got into a "mounted" position with her and disabled both of her arms so that she could no longer attack him. At this time, he was tackled frwn behind by a member of the establishments security staff, Witness 91, toted that the female went to her Mercedes Benz'and fled the scene. AM of the members of the security staff had statements that coincided with Victim statements. Witness #1, stated that he observed a female holding a wooden baseball bat walking towards outside of the club. He then saw her swing the bat at him, attempting to hit him in the head. _ stated that hen took the female to the ground and got into a mounted position on top of her and was holding down her arms and legs, restricting her movement. stated that he observed ,begin to put pressure on her and he felt that the female was possibly In danger. Mated that he run up behind and took - -Ito the ground. During the intervention, suspender strap scrapped across r— p fage, cutting him below his right eye. An additional security staff member, WItnes*#2L__ _ , observed the same above mentioned events as stated that he assisted y removing the baseball 68t from the%cene. 4, Supervisor Approving ID No. lReporting Offloer(s) ID No. QT� 6T X039 R. Stucken 1338 N8PD Fah 3,16(R9V. 3QB) z N RORT BEACH POLICE DEPARTMEN Continuation Sheet Page No. IType of Report noomng rvo. UM rvumum 3 1 Assault with a Deadly Weapon 1 1 07 -9938 It should be noted that Victim - %during my interview with him was unconcerned about filing a report about the female attacking him with the baseball bat. ( —was more concerned with the actions of the security staff at the establishment j could careless whether a report was taken regarding the above mentioned assault with a deadly weapon. The security staff had the wood baseball bat used in the assault inside of the establishment. I seized the baseball bat as evidence and booked it into an evidence locker at the Newport beach Police Department. S6T /ei a e I R. Stucken 1338 N �ORT BEACH POLICE DEPARTMEN' ARREST REPORT Location of Arrest RD Datemme Arrested DR Number 4221 Dolphin- Striker 34 9 -22 -2007 0040 07 -10204 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # None ® Yes ❑ No DVO02091 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) ArresteWs Name 41 Last First Middle OC# -- -` DETENTION ONLY A, Charge (Section, Code & Definition) DEEMED 1,101 Ann-31-0 R'. 647 (f) PC - Disorderly Conduct / Public Intoxication PER 849 B(2j1849.5 P.C. .E Arrestee's Name 42 Last First Middle OC# `S T Charge (Section, Code & Definition) E' E Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) !'. Witness #1 DOB Age Res. Phone Bus. Phone Ofc. T. Zeeman #1330 NBPD Address City State Ztp w Witness #2 DOB I Age I Res. Phone Bus. Phone � Address Clly State Zip E. .S Wtiness #3 DOB Age Res. Phone Bus. Phone S E Address City State Zip $` Arrested By (Private Person) DOB Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest: Include Elemems of Offenses: Note Nature of Evidence and Location Deposited: See page two for narrative. Alcohol Involved? ® Yes ❑ No Location: Fuy Night Club Supervisor Approving ID No. Arresting Officer ID No. Vacation Period 012 S6r /0a DaT_ITI e Reproduced Clerk glw��ko'1 " 4t- J. Perkins 1319 ��a {'PORT BEACH POLICE DEPARTMEE Continuation Sheet Page No. Type of Report Booking No. DR Number 2 Arrest Report 07 -10204 On 9 -22 -2007 at 1240 hours, I was working uniformed patrol with partner Ofc Zeeman #1330 in a marked police vehicle #2001. While conducting a bar check at Fury night club, their security escorted a male subject, Deft �r from inside the club due to his level of Intoxication. I contacted the Deft and he stated he was going to walk to the Radisson hotel on Macarthur Blvd at Birch. The Deft was speaking with heavily slurred speech and had an extremely unsteady gait. He began to walk down the north stairs from the entrance when he stumbled to his right and had to lean on the building for support in order to keep from falling to the ground. He stood up straight again and began to fall to his left causing him to use the aid of the railing in order to keep from falling to the ground and injuring himself. As he made it to the bottom of the stairs, he walked approx ten feet into the parking lot where he leaned on a vehicle and began to sway from side to side. Based on my observations of the Deft and his obvious signs and symptoms of alcohol intoxication, I placed him under arrest for 647 (f) PC - Disorderly Conduct 1 Public Intoxication. After having the Deft sit in the back seat of my police vehicle and attempting to complete the pre booking form, it was determined the Deft did not have any identification on his person. The Deft also refused to provide any of his personal information including his name and date of birth. As Ofc Zeeman was asking the Deft to exit our vehicle in order to allow the transportation unit to take custody of him, he was passively resisting and had to be assisted out of the vehicle. While exiting, he was falling to the ground due to his high level of alcohol intoxication and had to be lifted by Ofc Zeeman in order to prevent from him falling to the ground and injuring himself. The Deft was assisted to the transportation unit and subsequently transported to NBPD jail for booking. The deft was uncooperative and refused to give any personal information. After being transported to the NBPD jail he again refused to give his name and date of birth. The deft was belligerent for several hours within the jail. The deft kicked the cell doors and was uncooperative with the jail personnel when they attempted to fingerprint him. After several hours, the jail personnel identified the deft through fingerprint match asf r Supervisor Approving ID No. ReporurNIg Officers) ID No. .Tit 56 % L 7$ J. Perkins 1319 Near Fenn 3.15 (Rev. seM) 0 _G 'A ❑TELEPHONIC ❑BRIEFING _ 18 ^`'a . vr.aa.c ararnxrrvi r;• Domestic Violence Incident Report: DR No. ❑ CPI ❑ uNI ❑ Gsu Cohabitant Abuse 07 -10207 Location of Occurrence RD Date & Time Reported to PD Connected Reports -Type & DR 4221 Dolphin Striker 34 9-22 -07 0215 Arrest Report occurred on Moldylyr Day Time Moldylyr Day Time Weapon Involved? Alcohol Related? Or Between: 9-22 -07 Fri 0215 & O Yes ON ®Yes j No Last Name (Finn name 'dbusiness) First Name Middle DOB Age Sex Desc Hgt Wgt I Hair Eyes Residence Address City IState Zip Res. Phone V I Business Address City State Zip Bus. Phone C ! Victim's Occupation Victim's Condition State Year Make Model Colors) M Intoxicated 7Vicbm Notiflcatlons- Persons & Division sed of Confid entiafity Provisions Per 293 PC? ® Yes O No Victim Desires Confidentiality? O Yes ONO Name N Known Book ng No. & Charge if Arrested test Additional Susincts In Narrative) DOB I Age 1!!xj Desc I HgL I I Hair lEyes Address City State Zip Res. Phone Bus. Phone St ' _ _ SPersonal Oddities (Unusual Features, Scars, Tattoos, Etc) Type of Weapon (Threais,Fcroe,SimuKd Gvn. Etc) 9KnirearGun. Dosaa« P None Hands E Clothing - Additional Descriptors Additional Suspects? O Yes Tf (Liston Page 2) ®No Veh. Lic. No. State Year Model Type Colors) Inside Colors) Modifications Damage - Additional test. V4icsm Pagan Code Name Residence Address city State I no W DOB Age Sex usiness Address (include Zip Code) us Ptrone Res. Phone Code Name Residence Address City State I Zip DOB Age Sex Business Address (Include Zip Code) Bus. Phone Res. Phone MA.- SPECIFIC OR UNUSUALAanotis THAT MAY TEND To IDENTIFY THIS SV$P.(Um ms aWafaeddemNnerraeee.) The suspect and the victim are Involved in a dating relationship. The suspect and the victim live together and have been In this relationship for approx. 1 year. They were involved in an argument and the suspect grabbed the victim by the neck. The suspect held the victim against a wall by the throat. See arrest report for further details. I Supervisor Approving ID ITL I ! ` . Investigating Officer(s) ID No. T. Zeeman 1330 Signature of Reporting Person Date &r u ors C NBPDP 921Rev-Q = _G 'A IN /PORT BEACH: POLICE DEPARTMENT ARREST REPORT Location of Arrest RD Date/Time Arrested DR Number 4221 Dolphin Striker 34 9 -22 -2007 0215 07 -10207 Connecting Reports by Type and DR Number Videotape of Arrest Videotape it Domestic Violence report ❑ Yes ® No Reportable Use of Force: ® Yes ❑ No Do Charges or Subsequent Charges Involve 646.9 P.C. (Stalking) 7 ❑ 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) Arrestee's Name 41 Last First Middle OC# _ I (a -7 Wi- A Charge (Section, Code & Definition) R 243(E)(1) PC, Cohabitant Abuse .E Arrestee's Name -f:2 Last First Middle OC# S T Charge (Section, Code & Definition) E E Arrestee's Name -#3 Last First Middle OC# S Charge (Section, Code & Definition) Witness 91 DOB Age Res. Phone Bus. Phone Address City State _ — _ IZIP CA _ W Witness #2 DOB Age Res. Phone Bus. Phone Officer Zeeman N Address City state I Zip NBPD 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 Evigence and Location Deposited: See page #2 for narrative. Alcohol Involved? ® Yes E3 No Location: Club Fury Supervisor Approving IDD No. Arresting Officer ID No. Vacation Period V 4-7-- e/ Daternrpe Reproduced Clerk 01101 V*f T. Zeeman 1330 0.1(K".. 1z W) MW Rawl OPORT BEACH POLICE DEPARTMEI' Continuation Sheet Page No. Type of Report Booking No. DR Number 2 Arrest Report 07 -10207 On 9 -22 -07 at approx. 0215 hrs I was working uniformed patrol in a dearly marked police vehicle. I responded to a radio call of a fight at The Fury night dub located at 4221 Dolphin Striker. This night club closed and escorted at the patrons outside. The night was cloudy with heavy rain. The night club had put up tarps to cover the west side of the building so the customers could wait under the protection of the tarps for a cab or valet service. There were approx. 100 people in this covered area. The area was not fit for this many people. *rho customers were squeezed in so fight that people could not move without running into each other. I was on the west side on the tarps standing in the rain monitoring the crowd for any disturbances. Wit 6uddenly called for my attention. told me that a male was hitting his girlfriend and he was afraid that he would harm her. I entered the crowd and obsd the suspect facing east bound with his back toward me. I obsd him using his left hand to place a "C" grip choke hold on the victim's front neck and throat area. The suspect was also holding back an unk female with his right arm. The male was able to over power both females using his strength. The victim was crying and had her hands gripping his left wrist and forearm. It appeared that the victim was attempting to break the suspect's grip on her neck. The unk female was using her arms and hands to try and push the suspect away from the victim. t I obsd the suspect lean into the victim using his body weight and pinning the victim against the west wall of the night dub. The suspect still had the choke hold applied to the victims neck. r Due to my observations and that the suspect was obviously over powering the victim and that the suspect appeared to be choking the victim, and I was in fear for the victims safety, I Identified myself as a police officer and grabbed the right arm of the suspect. I ordered the suspect to let go of the victim. The suspect Immediately complied and released the victim. I pushed the victim toward the unk female In the attempt to dear her from immediate harm. The unk female grabbed the victim in a `bear hug" and it appeared that she was shielding the victim from the suspect. I placed the suspect's right hand behind his back and ordered him not to fight or resist. The suspect immediately straightened his right arm and pulled it away from his body. Due to my training and experience this maneuver is an attempt not to be handcuffed and an attempt to resist. I again ordered him to put his hands behind his back and stop resisting. He failed to comply and attempted to turn around so we are face to face. I know that being behind the suspect is a position of advantage and that If the suspect were to turn around he could possibly escape or harm me. 1 used my body weight and my right forearm placed in the suspect's upper back to hold him against the wall. I ordered the suspect several more times to stop resisting and put his hands behind his back. After approx. 20 secs the suspect complied and I handcuffed him. Supervisor Approving ID No. Reporting Officer(s) ID No. JZ, . 82 T. Zeeman 1330 NBM FM A16 (PM. M) ',l :1L I VPORT BEACH POLICE DEPARTMEN Continuation Sheet Page No. Type of Report Booking No. DR Number 3 1 Arrest Report 1 1 07 -10207 I Interviewed the victim, the suspect, and the wit at scene. The victim stated that she was not injured and that she didn't want the suspect arrested. The victim was crying, scared, and intoxicated. I did not see any visible injury on the victim. The Victim stated that they have been in an intimate relationship for about one year. She stated that they were at the night club together drinking. The suspect was angry because she was "drunk" and that is why they were arguing. The victim refused any more comments. I spoke with the witness and he stated that he was standing next to the suspect and victim. The suspect was angry at the victim and began to hit and push the victim. The witness stated that the suspect started to choke the victim. The witness stated that he was in fear for her safety and called me to stop the incident. I spoke with the suspect and he stated that he and the victim are In an intimate relationship for over one year and they live together. Tonight they went out to the night club and started drinking. The suspect stated that they were arguing but he would never touch the victim in any way to harm her. The suspect denied choking the victim and denied pushing the victim against the wall. The suspect stated that he and victim argue sometimes but they have a good relationship. The suspect stated that sometimes he and the victim "play rough" together and she likes him to choke her. He stated that she was crying because she was "drunk" and the victim always cries. The victim was resistant, belligerent, and intoxicated. Due to the relationship that the victim and suspect are engaged in and the intoxication level of both parties and the physical battery I witnessed against the victim, I placed the suspect under arrest for 243(E)(1)PC, Cohabitant abuse. I elected for this arrest for the safety of the victim because she lives with the suspect and she has nowhere else to go. i transported the suspect to NBPD jail for booking. After the booking process the suspect became more belligerent and violent The jail personnel and Lt. Hartford elected not to house the suspect at NBPD due to his violent behavior. Lt. Hartford escorted the suspect from the jail cell to my unit See supplemental for further details. transported the suspect to OCJ for housing without further Incident. The victim refused all domestic violence information or pamphlets. The victim refused to acknowledge the confidentiality report. Supervisor Approving ID No. Reporting Officer fs) ID No. z— • 815 i:i T. Zeeman 1330 NBPD Fa MS(RCv.99B) Y )PORT BEACH POLICE DEPARTMEN, ARREST REPORT Location of Arrest RD DatafTime Arrested DR Number 4221 Dolphin Striker -The Fury 34 9/23/2007 0130 07 -10255 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # Supplemental Report ❑ 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 OC# laa_79`i Charge (Section, Code & Definition) a 647f CPC -Disorderly Conduct; Public Intoxication Arrestee's Name 42 Last First Middle OC# 122-86 Charge (Section, Code & Definition) 647f CPC -Disorderly Conduct, Public Intoxication xE Arrestee's Name -#3 Last First Middle OC# < + Charge (Section, Code & Definition) Witness #1 DOB Age IRes.Phone f Bus. Phone Address City State Zip 5 Witness #2 DOB Age Res. Phone Bus. Phone Address City State Zip NBPD Witness #3 DOB Age Res. Phone Bus. Phone Address City State Zip .ci Arrested By (Private Person) DOB Age I Res. Phone Bus. Phone �. f Address City State Zip Describe Circumstances Leading to Arrest Include Elements of Offenses: Note Nature of Evidence and Location Deposited: Refer to Page #2 for Narrative Alcohol Involved? ® Yes i7 No Location: The Fury 64221 Dolphin Stoker Supervisor ng ID f�O. Arresting Officer ID No. Vacation Period sax— K l DataMme Reproduced CI ,a 03 J. Short 1061 ,.o.,.� 5.1 j .. , A� PAPW a 'PORT BEACH POLICE DEPARTMEr �. Continuation Sheet No. 2 Arrest Report 1 107-10255 On 8123/07 at approximately 0130 hours, Officer Maisano and I responded to The Fury nightclub located at 4221 Dolphin Striker in the City of Newport Beach. Officer Maisano and I responded in our respective marked police vehicles and were in full uniform at the time. We responded to the location due to radio transmissions from Sergeant Rocker communicating that there were numerous intoxicated subjects In the parking lot of the location. Officer Maisano and t were conducting a foot patrol of the parking lot when two passerby s advised us that subjects were about to engage in physical fight in the parking lot between The Fury and The Classic O. Officer Maisano and I walked in that direction. I observed a group of people yelling loudly. Two subjects then began punching at the subjects in the crowd. The subjects punching were Suspects and t ran towards us and was taken into custody by Officer Maisano. Refer to Officer Maisands Supplemental Report for further details of the arrest. I approached Suspect who was aggressively trying to assault Witnessf _ ry throwing wild punches in his_ direction. Witness t maneuvered between the other subjects in the crowd to avoid being hit as Suspect ' pursued him. I ran up behind Suspect( _ _ . I placed my left arm in front off s chest and pulled him backwards towards me and away from Witness' I identified myself to l- tat this time by yelling "Police. Stop." turned to avoid falling and went to his hands and knees on the ground. I told I and all of the subjects present to sit on the ground. All of the subjects complied, although attempted to stand up again. 1 pushed p towards the ground and told him to lay on the ground, _fin lifted his left arm up towards me as he was attempting to get back onto his feet. I grebbdry s left arm and applied a wrist twist lock with my left hand. I deployed my baton with my right hand as, )again attempted to stand. 1 warnedi (that I was going to strike him with my baton, if he did not lie flat pn the ground. leaned towards the ground, but did not fie all the way down. While maintaining the twist wrist lock with my left hand and holding my baton in my right hand, t then used my right foot to slowly apply pressure or left,shoulder blade. This causer% Ito prone out flat on the ground and he remained in this position until I handcuffed him. 1 did not strike th my baton during the Incident. As ____yeas lying on the ground he made numerous spontaneous statements referencet lifting him first. As spoke, I observed him to display the objective signs of alcohol intoxication including bloodshot, watery eyes, slurred speech, and the strong odor of an alcoholic beverage emanating from his person. I stoodt _ up and he indicated he had consumed approximately five "Red Bull and Vodka's" during the evening. I asked : )ow he intended to get home and he stated with his friend. I pointed to Suspect ivho was seated on the curb near Offloer Maisano, approximately twenty yards away, and asked i if that was his friend. r — stated, "no ". As j stood next to me, he had difficulty maintaining his balance without my assistance. Based on the above, I formed the opinion that was Intoxicated and placed him under arrest for 647(f) CPC- Disorderiy Conduct; Public Intoxication. I spoke with Witness F . Iference the incident. ( letated that the suspects made derogatory remarks towards a female In his company, which resulted in a verbal dispute between land his friends and the two suspects. The verbal argument escalated into a physical assault when _ vas punched.r stated he did not desire prosecution for the battery. Officer Maisano transported — Z NBPD Jail. Officer Pallas transported to NBPD Jail for booking. Both were transported without further incident. Due to the distance from our police vehicles being approximately 100 yards, our MVS systems did not activate and no audiofvideo recording was captured. I SupeMsor App ID No. Reporting Officer(s) iu NO. �,,. –r / / %l A/ / I J. Short . 1061 N ORT BEACH POLICE DEPARTMEN`. ') SUPPtlEMENTAL REPORT - FIELD Date/Time of Report Type of Original Report DR Number 09 -23 -2007 0130 647(f) Disorderly Conduct - Public Intoxication 07 -10255 ' Date of Original Occurrence Location of Original Oourfnce RD of Occurrence 9-23 -2007 4221 Dolphin Striker 34 M. Victim's Last Name (Firm Named Business) First Middle DOB Age O Address City State Zip Res. Phone Bus. Phone k ' Person Reporting Last Name First Middle DOB Age n r' Ole. D. Maisano Address City State Zip Res. Phone Bus. Phone NBPD jS. Name If Known, Booking No. & Charge if Arrested DOB Age Sax I Deso Hgt I Wgt I Hair Eyes S Address City State Zip Res Phone Bus. Phone ^ r Personal Oddities (Unusal Features, Scars, Tattoos, Etc.) Weapon (Describe Fully) Tr NN Closed Fist Clothing t . Name I Known, Boold �No. & Charge if Arrested IDOB I Page I Sex I Desc I Hgt Wgt Hair Eyes ^S )PC - Disord Conduct - Public Intox �1 Address City State Zip Rea Phone lBus.Phone 'C`. Personal Oddities (Unusai Features, Scan:, Tattoos, Etc.) Weapon (Describe Fully) T. Closed Fist tClothing Veh. Lim No. State Year Make Model Type I Color($) ❑ Viet I I i ❑Sus Inside Color Body Modification Body Damage Y' , (t) Additional Information Reported. (2) If Property lrmlvad, Itemize, Describe and Slaw Value, Listing Al Serial Numbers. REFER TO PAGE TWO FOR NARRATIVE. Supervisor Ap Ing, ID No. Reporting Olflcer(s) ID No. Person Reporting (Signature) DQr7 D. Maisano 1324 DqWT!m—e-Re-pro du bst. M I - -0 Ad 3e tw WPM aupp�,'W'xi -Raid `1O N. ,TORT BEACH POLICE DEPARTMENI ,) Page No. Type of Investigation DR No. 2 1 1 07 -10255 (1) List additional suspects, victims, involved persons. (2) List stolen(reoovered 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 Mrmation for Firearms: Make, Caliber, Type (pistol, rifle, shown), Category (automatic, semi auto, bait action). Barrel length, Model, Serial No., and note if associated with a homicide or major crime. o •- Mkc, tl n Dollar Value . (GO br, Size. VmcdpfkJrrs, Caliber, Etc.) On 09- 23- 2007, at approx. 0130 hr., I was working uniform in a marked police vehicle, for the City of Newport Beach, County of Orange. I was in the area of 4221 Dolphin Striker, conducting a foot beat with Sgt. J. Short #1061, at a local bar Fury. Fury has tendencies to have very large fights at dosing time due to a large amount of intoxicated patrons leaving the bar. Sgt. Short and I were in the area of the parking lot between Fury and Classic Q when we were contacted by a group of individuals advising us there was a group of people involved in a physical fight in the immediate area. I observed a group of individuals yelling at each other. I observed two male individuals, later identified as Deft. ' and Deft. _ . -�:, begin swinging at the individuals in the group. I observed brow a single punch at an individual and then run westbound toward the Classic Q. Sgt. J. Short ran toward i and the group of individuals, refer to his arrest report, (same DR #), for further details. I ran after who attempted to avoid me by running behind a parked vehicle. I chased t snd gave him verbal commands to stop running and get down on the ground. )mplied with my verbal orders and laid face down on the concrete. I used my knee and body weight against rack to keep him laying on the ground in order to control his movements. I immediately detained — ancLpiaced him in handcuffs for his safety and as well as mine. Being In close proximity to, I observed him to have slow slurred speech, red watery eyes, and his person and breath sipelled strongly of the odor of an alcoholic beverage. I was aware of his surroundings, but was unaware of the physical fight he had just been involved in. made spontaneous statements that he did not do anything wrong and he was not involved in any fight. Based upon my observation ot< his violation of 415(1) PC - Fighting in Public, and his Inability to care for himself or the safety, of others, I placer — under arrest for 647(f) PC - Disorderly Conduct - Public Intoxication. is transported and booked at NBPD jail without incident. Supervisor Approving ID No. AIL Reporting Offors4s) ID No. r D. Maisano 1324 rvor,i rwm a,awmv.wwr . � V� 1 P )PORT BEACH POLICE DEPARTMEN ARREST REPORT Location of Arrest ' RD Date/Time Arrested DR Number 4221 Dolphin Striker 34 9 -23 -2007 0145 07 -10256 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # NONE ❑ Yes ® No DVO01817 Reportable Use of Force: ❑ Yes ® No Do Charges or Subsequent Charges Involve 646.9 P.C. (Stalking) 7 ❑ Yes ® No If yes, you are required to complete the Notice of Release on Bay Stalking 646.93(a) PC NBPD Form # 5.22 (Located in the NBPD Jail) Arrestee's Name -#t Last First Middle OC# 1 �Z 4 ' '< Charge (Section, Code &Definition) DEEMED NO ARRESTED 647(f) PC - Disorderly Conduct - Public Intoxication 849 g 849.5 P.C. -E Arrestee's Name 42 Last First Middle OC# t Section Charge , Code & Definition 9 ( ) E Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) 4 Witness #1 DOB Age Res. Phone Bus. Phone Address City State Zip Witness #2 DOB Age Res. Phone Bus. Phone (Ta Address city state zip Witness #3 DOB Age Res. Phone Bus. Phone r[-r Address city State zip 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: REFER TO PAGE TWO FOR NARRATIVE. Alcohol Involved? ® Yes 0 No Location: 4221 Dolphin Striker Supervisor Approving ID No. Arresting Officer ID No. Vacation Period /T Date/Time Repro d Clerk D. Maisano 1324 �PORT BEACH POLICE DEPARTME1 Continuation Sheet Page No. Type of Report Booking No. DR Number 2 1 Arrest Report 1 1 07 -10256 On 09 -23 -2007, at approx. 0130 hr., 1 was working uniform patrol in a marked police vehicle, for the City of Newport Beach, County of Orange. I was In the area of 4221 Dolphin Striker, conducting a foot beat at a local bar Fury. Fury has tendencies to have very large fights at closing time due to a large amount of Intoxicated patrons leaving the bar. I came across a male individual, later identified as Deft; _, laying face down in the grass, northwest of the front doors of Fury. I attempted to arouse shaking his body and calling to him in. a loud voice. was unresponsive and his body was limp, as if he had passed out. Fearing for his well being and in an attempt to begin assessing his medical condition I rolled wer. When 1 rolled lion over he awoke and was very disoriented. For my safety and safety I placed him in handcuffs. I askedl 'he knew where he was and if he needed medical attention. was unresponsive and made no statements. 1 asked to stand up, but he was unable to stand without my assistance. I observed him to have slow slurred speech, red watery eyes, and his breath and person smelled strongly of the odor of an alcoholic beverage. ias alone and there was no one present to claim responsibility or care for Due to my observations oR I determined he was unable to care for himself or the safety of others. I placed under arrest for 647(f) PC - Disorderly Conduct - Public Intoxication. incident. was transported and booked into NBPD jail without DETENTION ONLY DEEMED NOT ARRESTED PER 849 BL)j/849.5 P.C. 1 Supervisor Appro ving - ID No. Reporting Officer(s) ID No. r , **/ i I D. Maisano 1324 J.)) fi PORT BEACH POLICE DEPARTMEN ARREST REPORT Location of Arrest RD DatelTime Arrested DR Number 4221 Dolphin Striker 34 "0 -2007 0140 07 -10516 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # ® Yes ❑ No DVO04574 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(x) PC NBPD Form # 5.22 (Located in the N8PD Jail) Arrestea's Name -#1 Last Firsl tail' ow UNLY OC# DEERBED NOT ARRESTED Z Charge (Section, Code & Definition) 647(f) CPC - Public Intoxication Arrestee's Name 42 Last First Middle OC# T; Charge (Section, Code & Definition) .Ez E.; Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) .L ^38 Witness #1 DOB Age Res. Phone Bus. Phone Sgt. Rocker "p Address City State Zip 9V Witness #2 Officer Yoshioka DOB Age Res. Phone Bus. Phone w .t. .N Address City State Zip . y$, _ Witness #3 DOB a Rea. Phone A9 Bus. Phone - R Address City State Zip 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 9- 30.2007 at about 0140 hours, I was working uniformed patrol on foot in front of 4221 Dolphin Striker (Fury) when Sgt. Rocker advised me of two intoxicated subjects laying on a grassy area near the parking lot of 4221 Dolphin Striker. I subsequently contacted a male subject, later identified as _ , ', who was stroking the hair of another male subject who appeared to be intoxicated 2.s they were both laying on the ground. Alcohol Involved? B( Yes ❑ No Location; 4211 Dolphin Striker SupeM oving ID No. Arrestkg OTficer ID No. Vacation Period 7>f) Daterrime Reproduced Cie ©% Q NBApF 61 1 Sanborn 1278 u1111 rRW. 2M3) MW Repar )VPORT BEACH POLICE DEPARTME' i) Continuation Sheet Arrest Report 07 -10516 As I approached 7 11 noticed he had a strong odor of an alcoholic beverage emanating from his breath and person and he spoke In an incoherent manner. j had bloodshot/watery eyes and he was having difficulty even sitting up straight. As I asked -him basic questions about his identity and what he was doing in the area, ` :ould not formulate any coherent words. Based on F_ objective symptoms of alcohol intoxication I felt that _.vas unable to care for his own safety and the safety of others and placed!— under arrest for 647(f) CPC - Public Intoxication. As I was attempting to put i —'hands behind his back to handcuff him }rigid pulling his hands in front of his body and I had to roll him onto his stomach into order to gain control of his arms. I then placed handcuffs on him without further incident. Sgt. Rocker assisted me by transporting ; NBPD jail for booking. DETENTION ONLY DEEMED NOT ARRESTED PER 849 8(1,,)/849.5 PC. bupervisor App ID No. lReporting Officer(s) ID No. '7W 1 Sanborn 1 278 NEV" p RT BEACH POLICE DEPARTMENT aNPLOYEES REPORT Subject DR Number Fury Rok and Roll Sushi Lounge 07 -11763 Date and Time Occurred Location of Occurrence RD 11/2/2007 2100 4221 Dolphin Striker Way 34 To:(Rank, Name,Assign ment, Division) Date and Time Reported Sergeant Ron Vallercamp - Vice and Intelligence 11/6/2007 1000 On 11/02/2007 Detectives Matt Graham, Eric Peterson, Dave Stark and I went to Fury Rok and Roll Sushi Lounge in an undercover capacity to observe how the business was being conducted. Detectives Peterson, Stark, and I arrived at approximately 9:00 p.m. Detective Peterson had dinner reservations and went inside the establishment. Refer to his report for details of his observations. Detective Stark maintained observation of the business and surrounding area from the west parking lot. Refer to his report for details. Detective Graham arrived at approximately 11:00 p.m., stood in line, and was eventually allowed inside Fury Lounge. Refer to his report for details. I maintained observation of the establishment and surrounding area from the south parking lot. I entered the common parking lot from the east and noticed numerous orange traffic cones blocking parking spaces at the business east of Fury Lounge, 4141 Mac Arthur Boulevard. This business normally has only a few of these cones to save spots, but tonight they had at least 20 cones protecting spaces. I noticed many people parking in this lot and going to Fury Lounge. I maintained observation of Fury Lounge from the south common parking area. I was approximately 60 feet from Fury Lounge. At approximately 9:30 p.m., this common parking area, which accommodates Fury Lounge, C%ssic 4, and Saager restaurant, was full. There were no lines to get into any of these establishments. I saw employee hosts and/or security personnel in front of Fury Lounge. During the night the number of hosts and security personnel I could see ranged from 3 to 6. 1 identified the hosts and security personnel from their manner of dress (suits), their communication with each other, and their handling of patrons. However, I could not differentiate whether they were hosts or security, and all future reference to them will be as security. There were security persons at the front doors, on the ramp leading to the front doors, and at the bottom of the ramp where the line to enter Fury Lounge began. One security person was checking identification by swiping what appeared to be ID's of some sort through a handheld machine; however, not all patrons were required to show identification. The patrons who did not have to show identification appeared to Supervi n pp ovi ID No. , Reporting Ofliicer(ss)) ID No. � Date and Time Reproduced and Distributed Cierk Jones, D. 992 NF` ORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. Type of Report Booking No. DR Number 2 1 Employees Report 1 1 07 -11763 know security and usually greeted them with a hug or handshake. Most of these patrons were females who gave security hugs prior to entering. At approximately 9:44 p.m., three young, male adults walked up to Fury Lounge from the west side of the parking lot. Once subject was carrying a red plastic cup. I heard someone say "chug it" and saw the subject carrying the cup take a long drink from the cup then throw the cup on the ground between some parked cars. A short time later, I picked up the cup and could smell the strong odor of an alcoholic beverage emanating from inside the cup. At approximately ., eople started to form on the south side of Fury Lounge at the bottom of the ramp. It appeared that just prior to 10:00 p.m., security personnel stopped letting people inside the business. A couple minutes later, I started to hear the thumping sound of music with heavy bass, club style music. This low level thumping c i �: 1.4ja i mag . By 10:15 p.m., the club style music got measurably louder, especially when the front door was opened. Even though the was attended to by security, it was. During this time there were a couple taxicabs staging in the parking lot at the southwest comer of Fury Lounge. At approximately 10:30 p.m., there were about 40 people waiting in line. While watching this crowd, I saw the south facing door open and an alarm sound. The door was immediately closed, no one exited, and the alarm stopped. At approximately4blUbpoiR I saw two females leave Fury Lounge. One was a young, adult, Caucasian f o was also a young, adult, Caucasian female. The female who was being held up was staggering, unable to walk by herself, and slurring her words (they passed within 5 feet of my car). They entered a car two spaces away from my car. A short time after putting the obviously intoxicated female into the back seat of the car, I saw the girl in the back seat vomit in the parking lot. Later, I walked by the vomit and could smell the strong odor of an alcoholic beverage and vomit emanating from the purged material. At approximately n dvjW, s lot. There were numerous taxicabs parked /staged in the parking lot in front of the Fury Lounge, and there were limousines parked on the south side of Fury Lounge at the curb. I saw a young, adult, Caucasian Supervisor Approving ID No. Reporting Officer(s) ID No. Jones, D. 992 NBPD Forth 3.15 (Rev. 3.88) NF'- VORT BEACH POLICE DEPARTMENT Continuation Sheet ' Page No. Type of Report Booking No. DR Number 3 Employees Report 1 107-11763 male leaving Fury Lounge yelling something indiscernible at a security person while he got into a waiting taxicab. Another security person said something to the taxi driver then both security persons watched the taxicab intently as it was driven off property. This appeared to be a situation where the security staff had a problem patron and wanted to make sure he got away from their business so they didn't have to deal with him further. By 12:15 a.m., the line to enter Fury Lounge was down to a few people. At approximately 4246 -&PA., I saw a young, adult male leave Fury Lounge and walk west through the parking lot holding his groin and telling a male subject he was with "I have to pee - pee." This male holding his groin walked to the center of the parking lot and ,._:__ied °^ some park d GaIZ During this time more taxicabs were parked /staged in front of Fury Lounge and another limousine was parked at the curb on the south side of Fury Lounge. At approximately 1:10 a.m., a young, adult, Caucasian female parked next to me and got out of her car. She looked around as if searching for someone in particular then she walked towards Fury Lounge. After a couple minutes, this female emerged from behind some parked /staged taxicabs and crowds of people. She walked back to her car with another young, adult female staggering behind her who was obviously intoxicated. They both got to their car and began to argue. The sober girl told the drunk girl she couldn't drive because she was drunk. The drunk girl replied, "I knew I was fucked -up $400.00 ago!" After listening to this argument, I gleaned that the driver of the car had been called to Fury Lounge by her friend who was drunk. The car actually belonged to the drunk female. The drunk girl wanted the sober girl to give her the keys to her car so she could drive home. The sober girl refused to give the drunk girl the keys. The sober girl was sitting in the driver seat and the drunk girl was standing at the driver door, which she opened in an attempt to get the driver out of the car. The drunk girl started to grab the sober girl and pull her out of the car. Due to the exigency of the situation, an obviously intoxicated female trying to drive a car away creating a potentially deadly situation, I immediately compromised my undercover assignment and identified myself as a police officer, both verbally and by showing my police badge, to the drunk girl and the sober girl. Upon contact with the drunk girl I could smell the strong odor of an alcoholic beverage emanating from her breath and person. Her eyes were bloodshot and watery, and her speech was slurred. I told the Supervisor Approving ID No. Reporting Office ID No. Jones, D. 992 NBPD Fom� &IS IR". &981 NE- �IORT BEACH POLICE DEPARTMENT Continuation Sheet i Page No. Type of Report Booking No. DR Number 4 1 Employees Report 1 1 07 -11763 drunk girl she was not going to drive and that if she continued to cause a problem she would be arrested for being drunk in public. While I was speaking with the sober girl, the drunk girl calmed down. The sober girl who was visibly upset said she would make arrangements to have the drunk girl's brother come pick her up. I went back to my undercover car. At approximately 1:20 a.m., I felt my car shaking. I looked over my shoulder and saw an adult, Caucasian female, about 30 years old, pulling on the right rear door handle of my car. She kept yelling /slurring, "Let me in!" After a short time, she moved to the front passenger window and looked inside the car directly at me. She yelled /slurred, "This isn't my fucking car! ", and left. During this time, larger crowds began to form in the parking lot. I estimated at least 30 people standing around immediately in front of Fury Lounge. People were slowly filtering out of the business and congregating in the parking lot. At approximately 1:50 a.m., a young, adult, Caucasian male was arguing with a security person, a Caucasian male with a bald head, three car spaces away from me. The security person was obviously frustrated with the subject because the subject would not get inside a taxicab as the security person was suggesting. This subject spoke with slurred speech and staggered when he walked. The security person's final comment to this drunk man was, "Get inside a fucking cab!" The drunk man refused to listen and staggered out of the area with a few other patrons. The security person returned to the front of Fury Lounge passing and striking a metal parking sign with his hand in what appeared to be an act of shear angertfrustration with this subject and the large crowd that would not leave. After a short time, another Clearly, the security staff was ineffective in handling the raucous crowd. Additionally, other than the incident where the security person hit the parking sign, the security apt. They m ' At approximately 2:00 a.m., there were several crowds and numerous people in the parking lot. There were also several uniformed police officers in the area who responded to a report of an assault with a deadly weapon, a wine bottle. This radio call was determined to be a battery involving one patron inside Fury Lounge throwing an alcoholic drink on another patron. With uniformed officers present, we ended our observations. i16 -.�• ^��• ^r r •� - ^•a w NO. Keporung Officers) ID No. 1 ,$ I I Jones, D. r 992 NBPD Farm &15 (Rev. 3 &8) NT ORT BEACH POLICE DEPARTMEN- PLOYEES REPORT employees Report Subject DR Number Fury Surveillance 07 -11763 Date and Time Occurred ocation of Occurrence RD 11/2/2007 2110 14221 Dolphin Striker Way 34 To:(Rank, Name,Assignment,Division) Date and Time Reported Sergeant Ron Vallercamp - VNI 11/6/2007 0930 Reportable Use of Force: ❑ Yes ® No On 11/2/07 at about 2110 hours, 1 established a surveillance position in the Fury parking lot where I could observe the front door and the smoking patio of the establishment. My vehicle was parked approximately 60 - 70 yards away from the front door. At the time of my arrival, the location was not busy and there was no line out front. At 2201 hours, I walked through the parking lot and noted several groups of Fury patrons loitering in the lot. The smoking patio was about half full. I could hear noise from patrons talking but no music. At 2250 hours, I walked through the parking lot again. The smoking patio was at capacity (standing room only). There were about 15 - 20 people in line, waiting to enter the location in a cordoned off line area on the south side of the building. I could hear loud music coming from inside Fury whenever the front door opened. . I could not tell if it came from someone smoking in a parked car or from one of the groups still loitering in the parking lot. A 9. The music appeared to be coming from the sfM The patio was full. At this time, a line of four taxi cabs parked in the middle of the parking row closest to Mac Arthur Boulevard. By 2330 hours, there were six taxi cabs parked in the lot. The front cab in the taxi line was parked about 15 yards away from the smoking patio. I could not see if the cabs were being directed by security staff or where the patrons entered them. At 2353 hours, I walked through the parking lot and observed a female in the back seat of a parked car, vomiting out an open door. This car was parked about 20 - 30 yards from Fury and the female was dressed in club style clothing suggesting that she was a patron of Fury. There was another female in the driver seat of the car who was caring for the sick female. At 2355 hours, there were five taxi cabs parked in the lot. The line of taxis seemed to move very slowly up until this point (the taxis would move forward one space about every 5 -10 minutes). Supervisor Approving N Reporting Officer(s) iD No. { ( Date and Time Reproduced and Distributed Clerk D. Stark 1268 employees Report Nr -'PORT BEACH POLICE DEPARTMENT - '1Continuation Sheet Page No. Type of Report Booking No. DR Number 2 1 Employees Report 1 1 07 -11763 At 0030 hours, I counted three taxi cabs parked in the lot. The smoking patio was full and there was still a line of patrons waiting to enter on the south side of the building. At.M1111M01R I, I could hear a spa me r. The smoking patio was packed to capacity. I could not see if any security employees were monitoring the occupancy of the patio. There was no longer a line of patrons waiting to enter. 1 could At AM1111drs, , the interior lights were turned on and patrons were leaving the establishment. mi lilais ilipme. The parking lot became very busy with exiting patrons. At 0143 hours, I heard dispatch advise of a 245 PC call (Assault with a Deadly Weapon) at the Fury involving a wine bottle. I observed patrol officers respond but I could not see what was happening from my location. At approximately 0200 hours the surveillance was concluded. oupervisor Hpprovng / r ID No. Reporting Officer(s) ID No. �- � sz(l I D. Stark 1268 Fa NF` °PORT BEACH POLICE DEPARTMENT JWPLOYEES REPORT Fury 07 -11763 Date and Time Occurred Location of Occurrence RD 11/2/2007 2110 4221 Dolphin Striker Way 34 To:(Rank, Name,Assignment,Division) Date and Time Reported Sgt. Vallercamp OIC NarcoticsNice /Intelligence Section 11/8/2007 0830 Reportable Use of Force: ❑ Yes ®No On 10/30/07 1 was asked to make reservations for dinner at Fury restaraunt/nightclub located at 4221 Dolphin Striker Way. I called and spoke with "Nancy" who agreed to make a raw 1910 1 OR ellp"PW 0 pm. The next day I received a message from "Theresa" from Fury asking me to call her back. I called "Theresa" back and she s ' " an Mile tyf u n "My 0000 d POSSIdly I told her that I had and that I wasn't going to just sit at the table for the nightclub portion. "Theresa" said that it didn't matter and tha She wanted to give me a reservation time for 8:30 pm but we settled for 9:00 pm. That c On 11/2/07 at approximately 9:10 pm I arrived at Fury. I was contacted outside by a male Asian in a suit holding a clip board. The male Asian asked for my id and swiped my drivers license. The restaurant and bar area wasn't that crowded. I contacted the hostess and advised her of my reservation. I was sat at my table and a short time later I was contacted by the server ( "Kristina "). I told "Kristina" that I was waiting for someone and that I would order in a little bit. The other individual arrived and we ordered an appetizer. asked her why and she said th " he other side of the restaraunt and that most of the tables are sold at 10:00 pm for bottle service. I told her that I had some friends arriving soon and I asked if they would be able to eat dinner. "Kristina" told me that the 0#00" u d .. I finished my food and was given the bill. I paid the bill and walked around the bar area. I noticed approximately 5 -7 security -type personnel (bouncers) monitoring the crowd and front area. I observed bouncers at the front door, near the dance floor, near the corners of the bar, and on the outside patio. I also observed the manager walking around the establishment periodically. oupervisur Prove ID No. Reporting Officer(s) ID No. Date and Time Reproduced and Distributed Clerk Det. Peterson 1209 Employees + N —YUORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. Type of Report Booking No. DR Number 2 1 Employees Report 1 1 07- 11763 I did notice several overly intoxicated individuals inside the establishment. One individual, in particular. was so intoxicated he was having a hard time standing still while he was attempting to go to the bathroom. "`' . ��- uidL�lc Hirt of Yha act ^blichmartia At approximately on and the oJeWs@Ame and that he was going to play the last song. Everyone from the establishment filed out into the parking lot. At approximately area. Det. Graham and I stayed in the parking lot until the crowd subsided. r Supervisor Approving c� ID No. Reporting Offloer(s) ID No. . it Det. Peterson 1209 NBPD FM 3.75 (Rev. 9-98) Nr ORT BEACH POLICE DEPARTMENT �PLOYEES REPORT Subject DR Number Fury 07 -11763 Date and Time Occurred Location of Occurrence RD 1112/2007 2300 4221 Dolphin Striker Way 34 To:(Rank, Name,Assignment,Division) Date and Time Reported Sgt. R. Vallercamp, VNI Supervisor 1 11/6/2007 0930 On 11/02/07 at 2300 hours, I arrived at "Fury' to assist members of my unit on an undercover operation. Detective Peterson was already inside the location when I arrived. I observed two lines along the south side of the building and employees controlling access to the entrance. I was told by security to stand in the line against the building. I observed three other males in front of me. The second line was closest to the street and there were approx 20 people in that line. In front of the line were anywhere from four to six employees walking back and forth or sitting on the small wall in front of the building. Of these employees, I recognized the manager Brian Schillizzi. He was wearing a black shirt and black ball cap. I also recognized a male Asian who appeared to be in charge of the lines to enter the establishment. I observed several things. 1 ` pN6aa "' " -' -- `11" . Approximately 15 seconds later, the male Asian employee asked one of the males in front of the longer line how many people were in his group. The customer stated there was "17" in his group. T " ". I then observed numerous people from the group hand cash to the employee who subsequently let the group in. I observed another large group arrive and the male Asian employee told them the bar was full. He then " (local nightclub) for them. The group eventually left. Several other groups of six to ten came. A#Nvei+e4eld4ffit "One group handed the male Asian employee a credit card and another group handed him cash. These groups were allowed inside immediately. While in line, I observed s observed this, on. He swiped it in a handheld device then took a OF - 0= lass a=baar °°^, na -bsdmAw. After standing in line behind three other males for 45 minutes, I was told by the male Asian employee that there was a "$1119!.98 eave al mill ! ". I handed the employee a $20.00 bill. He then told me that my identification would be checked at the door. Date and iu NO. Keporting Officer(s) ID No. and Distributed Clerk Det. M. Graham 1180 N `FORT BEACH POLICE DEPARTMEP`_, Continuation Sheet Page No. Type of Report Booking No. DR Number 2 1 Employees Report 1 1 07 -11763 I passed two security employees outside the front door and two more once I entered. . Once at the bar, I asked for a menu. I was given the full menu from the bartender. I then placed my order with her. A short time later, she returned with a different menu. She stated that the main menu was no longer being offered. The new menu that she handed me was labeled "Late Night' on the top. The menu had three items; pizza (3 choices), chicken fingers, and fries. The bottom of the menu read "Late night menu served Thursday - Saturday 11 pm -1 am ". At approximately 0015 hours, I ordered a barbecued chicken pizza and a beer. I did not observe anyone else with food during my time inside the establishment. This included the booths. At 0042 hours, I paid for the items and received a time stamped receipt While inside the establishment, I observed two maximum occupancy signs were posted. One near the front door and one on an emergency exit located in the southwest corner By 0100 hours, 1 observed the floors to be wet from spilt drinks. These conditions contributed to the slip and fall of two females in my presence. One occurred on the slope leading from the front of the establishment to the bar area. The second occurred as a female walked down a series of three steps from the dance floor to the bar area. I also observed a piece of rubber molding sticking out and away from the bottom step approximately three inches. This caused several people to snag their shoe and stumble. I observed numerous intoxicated people. One female who was very intoxicated, unbuttoned a bouncers shirt and exposed his bare chest. She rubbed her hands all over his chest while dancing barefoot near the bar. The bouncer did not dance with her however he did correct her actions. It was difficult to estimate the occupancy because everyone congregated on the north side of the establishment where the dance floor was located. The south side of the room was sparsely populated while the north side was packed with people. There was Apr per the Uniform Fire Code. At the booths, . Many were intoxicated. No violent acts were observed however, it appas vi I@ Me ovidi 0D (Supervisor Approving / J , / ID No. Reporting Officer(s) ID No. Det. M. Graham 1180 NBPD Form 3.15 (Rev. &98) YPORT BEACH POLICE DEPARTMEh ARREST REPORT Location of Arrest RD DateMme Arrested DR Number 4221 Dolphin Striker 34 9 -30 -2007 0140 07 -10517 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # none ® Yes ❑ No DVO04739 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) Amestee's Name 41 Last First t D6Alddl TION ONLY lE6DEEMED NOT ARRESTE1 OG# A Charge (Section, Code & Definition) PER 849 D(V )1849,5 WC, R 647(1) PC / Disorderly Conduct - Public Intoxication Arrestee's Name -#2 Last First Middle OC# E S T Nnone, 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 Officer Sanborn Address City State Zip NBPD W I Witness #2 DOB Age Res. Phone Bus. Phone T Address Cily 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: see page 2. Alcohol Involved? ® Yes ❑ No Location: Fury Supervisor Ap ng ID No. Arresting Officer ID No. Vacation Period #9q G DateMme Re uced CI e Yoshioka 1345 past \%A NBPD F"& &(Rev. 12/03) Art tRWW BEACH POLICE DEPARTMI. Continuation Sheet IPage No.1 Arrest Report (Booking No. 1 07 10517 On 09 -30 -07 at approximately 0140 hours, I (Officer Yoshioka, R. #1345) was working uniformed patrol in a marked Newport Beach police vehicle. I was with Officer Sanborn in the Fury parking lot (4221 Dolphin Striker) monitoring the crowd coming out of the nightclub. Officer Sanborn and I observed a male (later identified as i laying on the grass north west of the parking lot south of the sidewalk of MacArthur BI. We approached and I observed — laying on his left side with his eyes closed as if he were asleep. had sweat on his forehead and had an extremely strong odor of an alcoholic beverage emanating from his breath and person. I shook him awake and had him sit up. struggled to sit upright and I had to assist him in doing so. I asked him his name, his speech was slowed and slurred. I asked him his address and he had difficulty providing the street he lived on. It took several tries before he could provide proper answers. '. . stated that he had been drinking in Fury with a few friends and.had too much to drink. During our conversation, leaned over and vomited in the grass. Based on his objective signs and symptoms, I determined that he was intoxicated to the point where he could not properly care for himself or the safety of others. He was subsequently arrested him for 647 (F) PC - Disorderly Conduct / Public Intoxication. The defendant was transported by us to NBPD Jail for booking. En route to the station he continued to vomit on himself and in the back -seat of the police vehicle. MENTION ONLY [XIE tE0 NOT IRRESTEO PER 349 B '0 /049.5 P.C. Supervisor Approving ID No. Reporting Ofticei(s) ID No. Sr+iYD I I Yoshioka 1345 )WPORT BEACH POLICE DEPARTMF ARREST REPORT Location of Arrest RD Datelrime Arrested DR Number 5180 Birch Street (Burger King) 34 I 9-30 -2007 0015 07 -10514 Connecting Reports by Type and OR Number Videotape of Arrest I Videotape # NIA ® Yes ❑ No I DV005067 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) M Arrestee's Name 41 Last _ _ First Middle OC# DETENTION ONLY ti 9S Charge (Section, Code &Definition) :; 847(f) PC -Drunk In Public PER 849 8(--9-)/849.5 PC. Arrestee's Name 42 Last First Middle OC# g: Charge (Section, Code & Definition) ._S E> Anestee's Name #3 Lest First Middle OC# 's£i Charge (Section, Code & Definition) se '. IM Witness #1 DOB Age Res. Phone Bus. Phone stiff Officer Sanbom # 1278 949- 644 -3717 Address City State Zip 870 Santa Barbara Drive Newport Beach CA 92660 Witness #2 .W DOB Age Res. Phone Bus. Phone Th Address City State Zip .5 Witness #3 DOB Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) DOB Age Res. Phone Bus. Phone t Address City State Zip Describe Circumstances Leading to Arresk Include Elements of Offenses; Note Nature of Evidence and Location Deposited: Defendant was arrested for 647(f) PC -Drunk In Public. Refer to arrest report for detalls. Alcohol Involved? ® Yes t] No Location: Fury 4221 Dolphin Striker Way, Newport Beech SupeMSOr Ing ID No. Anesting Officer ID No. Vacation Period 7�0 Date/rime Reproduced Clerk © 7,0 Clemente 1296 ,4 Fdm b.t auw. lRAYf1 �WPORT BEACH POLICE DEPARTM Continuation Sheet Page No. Type of Report Booking No. DR Number 2 Arrest Report 1 107-10514 On 9 -29 -2007 at 2359 hours, Officer Sanborn and i were dispatched to the Burger King on 5180 Birch Street reference a subject who wouldn't leave the business after it was closed. Upon arrival, I contacted Defendant Defendant ; was staring at the menu with r, money in his hands. He displayed the objective signs of intoxication. He seemed very disoriented and confused. His eyes were bloodshot and he was unsteady on his feet. I asked the defendant I he was okay. With a slurred speech, he stated he was. I asked him where he was drinking at. He swayed and gave me no response. l asked him where he lived. Again, he stared at me and gave me no response. I asked the defendant if he would speak with me outside of the business. He replied he would and exited Burger King. Outside the location, 1 attempted to obtain the defendant's basic information. Due to his intoxication, the defendant was unable to provide me with his name or information. Based on the defendant's Intoxication and inability to care for himself, he was placed under arrest for 647 f) PC -Drunk In Public. During the search incident to arrest, I,M 111M - He was transported to NBPD jail by Officer Card where he was remanded to the station jailers. v Supervisor App _..ism ID No. Reporting Officer(s) ID No. �j 70 Clemente 1296 REPO FM &15(RW.. 598) �- V - MVDhQT RD1!'V Dpi inn Tnn�n we OTELEPHONIC ❑BRIEFING ��- ° "� •-c nn un �, Preliminary Investigation n of. of: DR No. ❑ CPI El ❑GSU Misuse of Access Card 07 -10847 Location of Occurrence RD Date & Time Reported to PD Connected Reports - Type & DR 4221 Dolphin Striker Way 34 10/09/2007 1741 1 None Occurred On Or Between: Month l Day I Year Day Time Month / Day 1 Year Day Time 10/06/2007 Saturday 2000 & 10/08/2007 iMonday 1500 Reportable Use of Force: ❑Yes ®No Stolen/ Lost Recovered Est.Dam. Arson/Vandalism $ 636.00 $ $ Last Name (Firm name if business) First Name Middle 100B jAge Pax I Desc Hgt I Wgt Hair Eyes Residence Address City State Zip Res. Phone V I Business Address City State 17Jp Bus. Phone C f - I - T I Victim's Occupation Victim's Condition Veh. Lie. No. State Year Make Model Colors) M Normal 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 p No Gang Related? O Yes ® No Hate Crime? O Yes ® No Alcohol Related? Weapon Involved? O Yes p No Weapon Involved? O Yes iS No Weapon Involved? O Yes 0 No O Yes O No Name If Known - Booking No. & Charge It Arrested (us( Addidorisi suspects in Narrative) DOB Age Sex Dose Hgt. Wgt. Hair Eyes Unknown Suspect(s) Address City State Zip Res. Phone Bus. Phone 5 SPersonal Odditles (Unusual Features, Sears, Tattoos, Etc) Type of Weapon ITh=ts,Force,Si=iW Gun, Etc) If Knife or Gun, D000dbe: P E Clothing - Additional Descriptors C Additional Suspects? Q Yes T (List on Page 2) O No Veh. Uc. No. State Year Make Model Type Colors) Inside Color(s) Modifications Damage - Additional Desc. Pmeond Cade6: V- R m W ppa Code Name Residence Address City State Zip DOB Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone. e Name Residence Address City State Zip DOB Age Sex I Business Address (include Zip Code) Bus. Phone Res. Phone .- SFEDInC OR UNUSUAL ACTIONS THAT MAYTEND TO IDFMIFY THIS SUM fun re tkA ioradme nwe".) Burg: 0Force 0 N Force Unk0own�gecHs�__4_takrSriMim'a QTM card and Withdraws f rude fmm Vic'% Beef Supeoncii Approving fD No. Investigating Officer(s) ID No. Signature of Reporting Person `_T_ Wo R. Hansen 1334 �t e Rep d rk B i -i _PORT BEACH POLICE DEPARTMEbi ' Page No. Typ a of Investigation DR No. 2 Misuse of Access Card 07 -10847 (1) List additional suspects, victims. Involved persons. (2) List stolm/reoovered property. (3) Reconstruct the occurrence: Include all elements of the crime. 4 Describe any evidence, Including rims, state locations found and by whom. Give disposilon. Item Ctuan. -- ArtiGe Brand SMod� . - -Sedal Na. - Misc. description (c01or, 8. Dollar Value No. .. inscriptions, caliber, Eta) The Victim came in to NBPD to report that his ATM card had been misused. On 10/0612007 at approximately 2000 hours, the .Victim was having dinner at the "Fury' Restaurant and Bar. While at dinner, the Victim lost his ATM Card (OCTFCU Card #5462130046532755), and his California Driver's License (UNK Number- ELETE Search yields no results). On 10/0812007 at 1500 hours, the Victim received a call from his bank, and discovered thattwo withdrawals from his account for $318.00 had been made out at tha,Pechanga Casino and Resort. The Vict attached paperwork for the first charge, and stated that he did not have documentation for the second because it is still pending. s 1 r' No Suspect(s) seen or heard. Supervisor ID No. Reporting Oflows) ID No. 7 y[1 R. Hansen 1334 Net+D Fpm 3.15 (Rw. 3AB) ��'OK ❑TELEPHONIC ggBRIEFING -� )WPORT BEACH POLICE DEPARTME ❑ CPI p VNI - Preliminary Investigation of: DR No. ❑csU Assault with a Deadly Weapon 07 Location of Occurrence 4221 Dolphin Striker -10757 RD Date 8 Time Reported to PD Connected Reports - Type & DR 34 10-7 -2007 2326 Arrest Report Occurred On Or Between: Month / Day / Year Day Time Month / Day f Year Day Time 10-6 -2007 Saturday 2315 & 10-6-2007 Saturday 2326 Reportable Use of Force: El Yes ONO Stolen / Lost Recovered ESt,Dam. Arson/Vandalism $ N/a $ N/a N/a Name (Firm name if business) First Name Middle DOB Age De JI-ast ex i I Hgt Wgt HairEyes — — Residence Address City _ -. i _ _ State Izip I Res. Phone Business Address T. Victim's occupation Victim's Condition Same as Res I Veh, Uc. No. State Year Make Model Cdor(s) aM Unk Upset N/a .. Notifications—Persons &Division None Vf rn Advised of Confidentiality Provisions Per 293 PC? O Yes ® No Victim Desires Confidentiality? O Yes ® No Domestic Violence Related? 01111111:1 ®No Gang Related? O Yes ®No Hate Crime? O Yes ® No Alcohol Related? Weapon Involved? O Yes ® No Weapon involved? O Yas ®No Weapon Involved? O Yes ® No ® Yes O No Name If Known- 800ldng No. & Charge If Arrested tust Additional SwpeGSlnNanasvel DOg Age Sex Desc Hgt Wgt. Heir Eyes A5 (a) (1) PC Address City State zip Res. Phone Bus. Phone KIJa Personal Oddities (Unusual Features, Scars, Tattoos, Etc) Type Of Weapon (rhreefs,F0rce6knu1d Gun, Eft) KKnife ar Gun, umaft: tiRY None Grey Goose vodka bottle E Clothing - Additionuti Desaiptors 'C 1 Addiflonal Suspects? O Yes T Van. Lia No. State Year Make (Liston Page 2) ®No None Model Type Coior(s) W �LUei Age i :ode Name >OB Age 1 Address City us. Phone Zip CA _ Bus. Phone tt:iz _ -- aamrw 1rti1Ne 1 Burg: 0 Force []No Force J. Perkins 1319 . _JVPORT BEACH POLICE DEPARTMEN _ 1� A ,,*PORT BEACH POLICE DEPARTME,- ARREST REPORT Location of 4221 Dolp "aterr m Arrested DR Number EArresqt EE734 Connecting d DR Number 1D- 7- 2007 0015 07 -10757 Videotape # None Videota pe of Arrest ❑ 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 N8PD Form # 5.22 (Located in the NBPD Jail) - Arrestee's Name -#1 Last First Middle OC# ao Charge (Section, Code & Definition) (1) PC - Assault with a Deadly Weapon a • Arrestee's Name 42 Last First 'E Middle OC# 4 T Charge (Section, Code &Definition) E E. Arrestee's Name 43 at First Middle OC# Charge (Section, Code & Definition) Witness #1 DOB Age Res. Phone Bus. Phone ,; Address _ w City State Zip ' Witness #2 A — DOB Age Res. Phone Sus. Phone I Address N Cfly State Zip S Witness #3 DOB Age Res. Phone Bus. Phone .E. Address CflY State Zip Arrested By (Private Person) DOB Age Res. Phone Bus. one Address City State Zip Describe Circumstances Leading to Arrest; Include Elements of Offenses; Note Nature of EWdence and Location Deposited: See page two for narrative. Akphol Involved? ® Yes ❑ No Location: Fury Night Club - Superviso vin ID No. • Arresting Offloer ID No. Vacation Period Datrel�f1me�Reprodu Clerk 101AW J. Perkins 1319 OPDFa S1( .1]003) NIfWI RICO([ /� lal EWPORT BEACH POLICE DEPARTM6 Continuation Sheet le No. Type of Report 2 1 Arrest Report No. DR Number 07 -10757 On 10-6 -2007 at approx 2336 hours, I was working uniformed patrol in a marked police vehicle #2017. While conducting routine patrol, I was driving through the Fury night club parking lot at 4221 Dolphin Striker when I was flagged down by security from the club. He quickly stated he needed my assistance. As I parked my vehicle, I was confronted by several people stating there was a fight inside the night club. I contacted the security who directed me towards the involved parties of the fight. I contacted the victim, and witness who related the following statements: I contacted the Victim, who did not display any signs of alcohol intoxication. Victim stated he was inside the night club with a group of his friends when the Deft, _ approached their table and began telling them to leave the tables they were occupying. The Deft stated he had paid for the tables and it was time for the Victim and his friends to leave. It should be noted the Fury has bottle service at its tables (waitresses bring whole bottles of alcohol to the designated tables for consumption as opposed to going to the bar for alcoholic drinks). Further, according to the manager, the Fury is a restaurant until 2200 hours and becomes a club after 2200 hours (people are allowed to sit anywhere inside during dinner, but as the club begins the tables are available only by reservation and patrons attending dinner must vacate those tables). A female in the Victims group began an ,argument with Deft regarding the tables. The Deft got into the females face and began yelling and cursing at her. The Victim stood up from the table and got in between the Deft and the female. Several of the Deft's friends grabbed the Victim and began hitting him in the face with their fists after he stood in between the Deft and the female. The Victim was then struck on the head with an unknown solid object by an unknown person and began to bleed. The fight was broken up by security at the location and the parties were dispersed and asked to leave the club. I contacted Witness who did not display any signs of alcohol intoxication. She stated the following: She was standing next to the Victim when a. _ subject wearing a dark colored shirt with — began a verbal argument with a female from their party. The male became angry and starting yelling and cursing. _ Has standing directly next to the Victim but could not hear exactly what was said due to the loud music in the club. The Victim stood up from the table and stood in between the Deft and the arguing female. The male subject and his friends grabbed the Victim and bent him backwards over a table and due to the large crowd of people in the fight and the lack of sufficient lighting, she was unable to identify which subjects were hitting the Victim in the face with their fists. When questioned, she stated she did not see the Deft hit the Victim with a bottle but did observe the floor to be wet with broken glass strewn about on the floor following the fight. Security separated the two groups and they were asked to leave the club. t-1 o, w rvc >Olp / J. Perkins 1319 1�� )WPORT BEACH POLICE DEPARTME i Continuation Sheet Page No. Type of Report Booking No. DR Number 3 Arrest Report 07 -10757 Although the Victim had other friends on scene during the incident, I chose to interview Witness due to her extremely close proximity to the Victim during the fight. The other friends of the Victim all stated they did not see the Deft hit the Victim with the bottle. They were all providing the exact same statement as Witness i rhich led to fight. I contacted Witness i _ I a member of the security group at Fury. He was wearing a long sleeve black shirt with a white tie and black pants. He related the following statement: While standing in the club watching the crowd, he observed a fight begin in the aisle near the south wall of the club_ As he focused his attention towards the fight, he noticed a tall male subject wearing of -- _ with a described asr I hit the Victim in the head with a 250 ml bottle of Grey Goose vodka. The Deft was standing approx three feet from the Victim and did not let go of the bottle until it hit the Victim in the head. The bottle fell to floor and broke into several pieces. The bottle had been full of vodka and the floor became extremely slippery. The bouncer observed another male subject in a white long sleeve shirt fall to the floor and hit his head on the floor. When questioned, ___stated the Deft picked the bottle up off of a nearby table in order to hit the Victim with it. As the subjects left the club, I and other security members of the club, detained the Deft in the parking lot. When questioned about the broken bottle, Needham stated the mess was immediately cleaned up by die staff inside the club. I spoke with Witness — regarding the location of the fight. He described the location as being along the south wall of the building. The fight occurred in between two rows of tables surrounded by booth style seating. I have been inside the Fury on previous occasions and was able to identify the location inside the club where the fight had taken place. When questioned, Witness )explained the club does not have any security,.caAeras displaying the location of the fight Following the detainment of the Deft byi-- -- i, Ofc Zeeman took custody of him as; proceeded to my location by the club in order to provide his statement of the incident. I conducted an in field show up with Witness . I read him the Witness admonishment per NBPD form 5 -11 and he showed knowledge of understanding by stating, 1 understand." AsL_ viewed the Deft he said, "that's him." He stated he was, "100 %" sure it was the subject who hit the Victim in the head with the Grey Goose bottle. Based on the Victim and Witness statements, I placed the Deft under arrest for 245 (a)(1) PC - Assault with a Deadly Weapon. I read the Deft his Miranda rights per NBPD form 5 -11 and he acknowledged understanding of his rights by answering, "yes," to all four questions asked. The Deft chose to speak with me regarding the incident. No. J. Perkins 1319 1 JWPORT BEACH POLICE DEPARTMI Continuation Sheet Page No. Type of Report Booking No. DR Number 4 Arrest Report 07 -10757 While attempting to locate witnesses of the incident, I was unable to locate any independent witnesses +r aside from the two involved parties and the Victim's friends. The additional suspects and friends of the Deft who were involved in the fight, fled the scene and were not identified. I: The Deft was wearing a _ _ . The Deft did not display any signs of alcohol intoxication. He related the following statement: There was an argument about the Victim and his group occupying tables the Deft had already paid for when the fight began. He was standing in the middle and attempted to break up the fight. When questioned, he stated he did not hit anybody in the club with his fist or a bottle. During the fight, he stated he fell to the floor as it became extremely wet and .s %lipoery. The Deft did notltnow who would have hit the Victim with a bottle. I took approx six digital photos of the Victim and his injuries. While on scene the Victim refused medical treatment. i observed an approx one inch laceration in the area of his hair line on the upper right portion of his forehead. I advised the Victim he should go to a hospital to have the laceration checked by a doctor. I also checked the Deft for injuries to his hands from the fight but was unable tojocate any visible injuries. I transported the Deft to NBPD jail without further incident. It should also be noted, my MVS did not activate at any time during my entire investigation due to my distance from my vehicle. ;tr t Supervisor Approving ID No. Reporting Officer(s) ID No. /OG j J. Perkins 1318 NBPDFm 5.76(R"v 3.16) 1`1 iDnDO TIVA!U Any i1. TPOA.T...0 ❑ TELEPHONIC El ERIEFING Preliminary Investigation of: OR No. p CA. ❑ ` Cadacking 07 -10918 Location of Occurrence RD Date & Time Reported to PD Connected Reports - Type & DR 4221 Dolphin Striker Way (Fury) 34 10-12 -2007 0133 Vehicle! Supplemental Report Month / Day! Year Day Time Month/Day/year Day Time Occurred On Or Between: 10 -12 -2007 Friday 0133 & Stolen ! Lost Recovered Est.Dam. Arson/Vandalism Reportable Use of Force. []Yes ® No $ N/A $ WA $ N/A Last Name (Finn name If business) First Name Middle DOB jAge P Desc Hgt I Wgt Hair Eyes _ax — _ Residence Address City State Zip Res. Phona CA V I Business Address City State Zip Bus. Phone C T Victim's Occuoation Victim'a Condition Veh. Lic No. State Year Make Model Cobr(s) M Injured I _ Nottlicatiors- Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? O Yes 0 No None Victim Desires Confidentiality? O Yes 0 No Domestic Violence Related? O Yes @ No Gang Related? 0 Yes 0 No Hate Crime? O Yes 0 No Alcohol Related? Weapon Involved? O Yes ® No Weapon Involved? 0 Yes 0 No Weapon Involved? O Yes 0 No O Yes 0 No Name If Known - Booking No. & Charge If Arrested UmAdditioml suspects In Nerrasve) DOB jAge ISex jDasc I Hgt. I Wgt Hair TEyes — adacking) Address Ctiy State I Zip lRes. Phone lBus.Phone S.'• Newport Beach CA �- _ U Personal Oddities (Unusual Features, Scars, Tattoos, Etc) Type of Weapon Mweet&F«ce.slmuud Gun, Etc) If Wtlte a Go. Desaibe: P None Visible Force E Clothing - Additional Descriptors Additional Suspects? O Yes C T (List on Page 2) ® No Veh. Lic. No. State Year Make Model Type Cobr(s) Inside Colors) Modifications Damg&Additional Desc. w Code Name Residence Address City Step 7Jp W Officer Yee #1254 DOB Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone I I NBPD Code Name Residence Address City State I Zip W DOB Age ISex I Business Address (include Zip Code) Bus. Phone Ekes. Phone . -SMFIC OR U&SIALACTIONS TNAT MAY TEND TO IDENmFYTH8VJW. (Ua nveaeewelerwaw.i dit) Burg: E3 Force 0 N Force Suspect entered victim's cah and stnrrk victim in the hadr of the nark Victim exited his rah in fear for his safely- Suspect than of in the ddL%Mr seat and drove the rah away from the Inrafion_ For more information refer to arrest report (same D - S Approv Investigatit Officers) ID No. Signature Of Reporting Person E Little 1287 a roduced 6 NBMFadrs. l(RW. 12-0) — "M Report �(Z "1 P (PORT BEACH POLICE DEPARTMEN ARREST REPORT Location of Arrest RD Date/Time Arrested DR Number 4221 Dolphin- Striker Way (Fury) 34 10.12 -1007 0245 07 -10918 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # Vehicle Report / Supplemental Report (Same DR) ® Yes ❑ No DVOD5636 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 Jall) Arrestee's Name -#1' Last First Middle OC# s - dzz�r,5 Charge (Section, Code & Definition) e~ 4y R R. 215(a) CPC - Carjacking R E Arrestee's Name -92 Last First Middle OC# "S Charge (Sedlon, Code & Definition) k E E Arrestee's Name 43 Last First Middle OC# S Charge (Section, Code & Definition) Witness #1 DOB Age Res. Phone Bus. Phone Address City :te triP I' N! witness #2 _ DOB Age Res. Phone Bus. Phc no + F —J Address CfiY N ; State I Zip E Witness #3 DOB Age'' Res. Phone Bus. Phone S 1 ! - - E Address City state Zip S -- I - - Arrested By (Private Person) DOB Age Res. Phone Bus. Phons Address City State Zip Descdba Circumstances Leading to Arrest; Include Elements of Ofepses; Note-Naaaeof£vldence -and Location Depostiecl Additional Witnesses: y Cfficer Yee #1254 Officer Henry #1157 Officer Clemente #1296 Alcohol Invoked? ® Yes ❑ No Location: 4221 Dolphin Striker Way - Fury M u r Approving ID No. Arresting Officer ID No. Vacation Period S D m Reproduced Clerk O E Little 1287 I )(PORT BEACH POLICE DEPARTMEN Continuation Sheet rage m. Iype or Kepon Booking No. DR Number 2 Arrest Report 07.10918 On October 12, 2007 at about 0133 hours, t was working uniform patrol in a marked police vehicle for the City of Newport Beach UUMENEFAWhe call stated a male subject just beat up a cab driver, threw him out of the cab and drove away in the cab in an unknown direction with a female passenger inside the vehicle. I responded to the scene and contacted the victim f . Several other officers responded to the area and searched for the stolen cab which was described as a white & yellow van, cab; J _ ioid me that he had two female clients inside his cab, an unknown male white subject with a ( (wearing a � _ $I) entered his cab and punched him in the back of the head several times.. staMe thought the subject was going to kill him so he got out of the cab. At that time the suspect got in the drivers seat and drove away from the location. stated he has never met or seen the suspect before and he did not have permission to take the cab. was complaining of pain to the back of his neckthead. Newport Beach Fire / medics responded to the scene to treat While talking to — i Witness f told myself and Officer Yee that one of the females who was inside the cab was walking away in the parking lot and told him she didn't want to talk to police. Myself and Officer Yee stopped the female subject (later identified as Witness �) and began talking to her. : stated she was inside the cab but got art. She told me she did not know the male suspect who was driving the cab. As we were talking to Witness , Witness __ : pointed to a male subject (wearing a I 11) who was walking with another female in the parking lot towards the Fury Bar. Witness said that was the guy that stole the cab. Officer Yee and myself then approached the male subject and detained him as a possible suspect in the carjacking. The female subject with the suspect was later identified as Witness) To determine if the suspect we stopped was involved, I asked the suspect if he took the cab and he said, "yes." When asked where he parked the cab, the subject stated, "down the street, around the comer." We confirmed that witness was the female passenger in the vehicle and that there were no outstanding victims 1 suspects. I Identified the suspect as Witness f _ then walked up to the suspect and toll him, "I didn't tell them that 1 knew you" Witness Is the wife of Suspect I told officers he parked the cab by the Raddison Hotel (Birch I MacArthur). Officer Henry #1157 located the cab at the Raddison Hotel. 1 placed Suspect( in the back of my police vehicle pending further investigation. I interviewed Witness kind obtained her statement. niW hile a Fury, saw her husband talking to another girl and was upset about it She told her husband that she and Witness were leaving. F and r _{exited the bar and flagged down a cab in front of the location. said they saw the suspect coming towards the cab. ( told the driver, "Go, Go, Go." The driver began to drive away slowly andA _ rid the driver it was okay if her husband got in the cab. The rear passenger sliding door was open and the suspect got In. When the suspect got in, the cab driver punched the suspect in the face. __J was unsure which hand was used and was not completely sure that contact was made. After he 6s hit, the suspect then punched the cabdriver twice. i aid the driver then exited the cab. Because the cab was still rolling,( exited the cab as well. I I then saw the suspect in the driver seat driving the cab away with W itnessi till inskle the cab. said she thought the cab driver (victim) punched the suspect because he was afraid of the unknown male getting In his cab. Olfic e4s) E Little 11287 )♦'PORT. BEAC6 POLICE DEPARTME1 Continuation Sheet 3 Arrest Report i 107-10918 After obtaining Witnessi s statement I spoke with Suspect[ was in the back of my police vehicle and was not handcuffed. Due to _ being in the back of my vehicle I read him his Miranda Rights verbatim per NBPD for 5.11._ c acknowledged he understood his rights by answering "yes sir" to all questions. t then voluntarily spoke to about the incident. I : told me he was inside the Fury with his wife (Witness 1 and a friend (Witness 1� He said the three of them left the bar together and flagged down a cab to go home. He said his wife and Witness - lot in the cab first. (- Idid acknowledge that he was in a V07 argument with his wife. He said the cab driver then asked the subject if he was going to get in the cab, at that timer )k got in the first row of the passenger compartment of the cab.r `ISaid the driver began yelling and screaming at him in "his language" and he could not understand what the driver was saying., - - believed the driver was getting involved in the argument between his wife and him. f- 1kaid the cab driver therr hit him on top of the head with a dosed right fist. r"— isaid he got "pissed° and hit the driver three times in the right shoulder. After being struck, the driver got out of the cab. When the driver got out of the cab it was still roiling scf _ said he got in the driver seat to stop the cab and park it. ( stated Witness _ was the only one in the cab with him at that time and she was hysterical. : was trying to calm her down and looking for a place to park the cab. said he ended up parking the cab at the Raddison Hotel because that was the only parking space available. It should be noted that when I arrived on scene (a few minutes after kook the cab) there were several vacant parking spaces in the parking lot of the Fury and the Classic O which is adjacent to the Fury. It should also be noted that the Raddison Hotel is .25 miles away from the Fury Bar (Officer Montero paced the distance in a police vehicle). Officer Yee obtained statements from both Witness nd Witness' Bfer to his supplemental report for their statements. Officer Henry completed a stolen / recovered vehicle report. The vehicle was towed from the Raddison Hotel and stored in the NBPD parking lot and held for CSI processing. Based on my investigation, including statements obtained from the victim, suspect and witnesses, I formed the opinion that Suspect willfully gained control of the victim's vehicle from the victim's immediate possession by means of force by using his fist to batter the victim. The suspect then temporarily deprived the victim of his vehicle by abandoning the vehicle .25 miles away from the victim. I subsequently arrested Suspec4 _ br a violation of 215(a) CPC - Cadacking. I transported Susp94 r the NBPD Jail for booking on the above mentioned charge. I took 4 digital photos of the suspect at the jail. Officer Clemente took 10 digital photos of the stolen vehicle. Officer Montero took 8 digital photos of the victim, 3 digital photos of Witness Victin was transported to Hoag Hospital by a friend. 1 responded to Hoag to get an update on condition. I spoke with Dr. ktreating doctor). I ormed me that victim sustained a contusion to his nasal passage and a contusion on the back of his head. Victim �gned a medical release form, see attached. E Little 1287 r 1. )PORT BEACH POLICE DEPARTMEN., SUPPLEMENTAL REPORT - FIELD O')telllme of Report Type of Original Report DR Number 12!2007 1730 Arrest / Crime Report - PC 215(a) Cadacking 07 -10918 D#W of Original Occurrence Location of Original Occurrence RD of Occurrence 10/12/2007 4221 Dolphin- Striker Way (Fury) 34 V Victim's Last Name (Firm Name if Business) First Middle DOB Age C Address i (xty State Zip es. Phone Bus Phone T _� _ Link Person Reporting Last Name First Middle DOB Age R 10/1111985 22 P Address City State Zip s. Phone Bus. Phone dk S Name if Known, Booking No. & Charge if Arrested DOB Age Sex Desc Hgt Wgt Hair Eyes U '215(a) CPC - Carjacking) t '� _ S Address City State Zip Res. Phone Bus Phone P — E — C Personal Oddities (Unusel Features, Scars, Tattoos, Etc.) Weapon (Describe Fully) T # Force - Closed Fist Clothing 1 8 Name if Known, Booking No. & Charge If Nested DOB Age Sex Desc Hgt Wgt Hair Eyes U; None I S Address City State Zip Res. Phone Bus. Phone P E C Personal Oddities (Unusal Features, Scars, Tattoos, Eta) Weapon (Describe Fully) T' 2 Clothing Veh. Lim No. State Year Make Model Type Color(s) V E ®Vitt 8668520 CA 2000 Ford Windstar Mini Van Yellow/ White H 13 Sus Inside Color Body Modification Body Damage (1) Additional Information Reported. (2) If property 1nvoNad1 Itemize, Describe and Show Value, Listing All Serial Nurnbers. Witness: C . r upe proving ID No. Reporting Ofticar(s) ID No. J. Yee, 1254 Person Reporting (Signature) Q e POff A,i ist. erk ] 8Lq0emvnW Rep= -rou jt )PORT BEACH POLICE DEPARTMEN- Page No. Type of Investigation DR No. 2 07 -10918 (1) List additional suspects, victims. Involved persons. (2) List stolentmoovered 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 Firearms: Make, Caliber. Type (pistol, rifle, shotgun), Category (automatic, semi auto, boll action), Barrel length, Model, Serial No., and note if associated with a homicide or major Mme. # Quantity. Article -' Bra d -. 'Model Serial No lJ liar . v Skej fiBMphorla,..l e' EtC.) • .Ilbef r 4 .} On 10/12/2007 at approximately 0133 hours, I was working uniformed patrol in a marked police truck. I responded to 4221 Dolphin - Striker Way (Fury) in reference to a possible carjacking and kidnapping that just occurred. When I arrived at the location., Officer Little was already on scene. Refer to Officer Little's Arrest Report for details. Witness, 1 interviewed Witness !an employee for the Fury) who Identified Witness n and Wrme§* as the two females who had been In the tab during the incident He also identified the suspect who had assaulted the cab driver and drove away in the cab. Witness told me the following: He was stationed at the bottom of the ramp that leads from the entrancelexit of the Fury. He observed two females (Witness — and Witness _ _ ) standing next a dark colored Lincoln SUV parked In a marked parking stall approximately 10 yards away. Witness _` was arguing with a male subject { (Suspect i. He observed that Witness— — vas crying. He approached the three subjects and asked them If everything was all right. The females told him everything was fine and that they just wanted to go home. The females waved down a cab that pulled up in front of the SUV. They walked around the back of the cab and entered through the passenger sliding door. Witness ntered first and sat behind the driver seat. Witness; : got In ^ second and the rear door started to slide close. Witness sated the sliding door was one that closed automatically. As the door was dosing the cab slowly started to pull away. He observed Suspect walk up from behind the cab and open the passenger side sliding door. As the door began to open the cab stopped. Suspect �� entered the cab and Immediately started punching the cab driver (Victim ! ,. described the punches as coming from the Suspects right hand with a dosed fist. � , said he jumped into the cab to pull Suspect ( ^ away from the Victim. Suspect I _ : had his left arm around the head rest of the driver _ seat preventing from pulling him away. --- stated the suspect struck the Victim at least six times on the right side and back of his head. The Victim then exited the cab and he was able to pull SuspecdMIMMM out of the cab. He said Witness also fell out of the cab at that time. Suspect _ then jumped back into the cab, got into the driver seat, and drove towards the Classic Q and out of the parking lot. Witness was still in the cab with Suspect When the Suspect drove away in the cab Witness _ began to walk away, confronted her and asked if she knew the male suspect and she told him, "No." He also asked her what the female's name was that was still in the cab and she replied, "she'll be OK." _ :ept talking with her until police arrived. Cant on page 3 Sup log ID No. Reporting Officer(s) ID No. J. Yee 1254 0 P )PORT BEACH POLICE DEPARTME14 Continuation Sheet Page No. (Type of Report _ Booking No. DR Number 3 Supplemental Report - Field 1 1 07 -10918 Witnest I interviewed Witness after she returned to the parking lot of the Fury with Suspects told me the following: Witness . and Suspect ! ire husband and wife who own _ n said Witness i is h _ _ [ er ( _ _ . She drove to their house int _T _ h where the three of them then drove to the Fury. At about 0120 hours she and Witness - _ : decided they were going to leave the bar. i said Witness i` vas upset at her husband for not wanting to leave and for talking to other girls in the dub. The three of them were standing next to th%- _ :ar when they were approached by a bouncer. told the bouncer that her and Witness were going 16 go home in a cab. They flagged down a cab and entered through the passenger side sliding door, '^said she sat directly behind the cab driver and told him they were going to She said she observed Suspect; ` ,stand in front of the cab and hold his hand up to tell ft to sto` p Men he moved to the passenger side she told the cab driver to leave. Then the passenger side sliding door opened and a couple of guys rushed in. When they rushed in she got hit in the face bq what she believed to be an arm or elbow. _ said she didn't realize what was going on for several seconds because of the hit she took to her face. When she finally became aware of what was going on she saw Suspect �- __1 in the driver seat of the cab driving away. It was J%at the two of them in the cab., stated she'knew something was wrong and knew suspect(- should not have been driving the cab. She stated she was not fearful for her safety but asked him at least twice to stop and let her out He pulled into the parking lot of the Radison Hotel and parked in a marked parking stall. As soon as the cab was parked she got out and started walking back to the Fury. She said Suspect] followed her back to the Fury. On the walk back she attempted to dell Witness '�— on her cell phone but was not able to make contact. S' sup e ng �IID, 6No. Reporting Offloegs) ID No. -_ _ '^ � i 5 0, J. Yee 12b4 'AS 'PORT BEACH POLICE DEPARTMEI DUI ARREST REPORT Location of Arrest RD Date/ilme Arrested DR Number Jamboree / Fairchild 34 10114/07 0114 I 07 -11007 Connecting Reports by Type and DR# Reportable Use of Force: Videotape of Arrest Videotape # Supplemental and Vehicle Reports (Same DR#) F1 Yes ® No ❑ Yes ® No DVO04764 A Arrestee's Last Name -1 Flrat Middle OC # R R Charge (Section, Code, Definflron) E S 11350(a) H &S - Possession of Controlled Substance / Cocaine T Arrestee's Last Name - 2 First Middle OC # E _ Kristen Undesay SCharge (Section, Code, Definition) 1I350(a) H &S - Possession of Controlled Substance / Cocaine W Witness Name -1 DOB Age Res. Phone Bus. Phone I Ofc. McKenzie T Address City State ZI P E N8PD S Witness Name -2 DOS Age Res. Phone Bus. Phone S S Address City State Zlp Initial Observations - On 10/14107, at approx 0100 hours, Ofc McKenzie (1162) and I were working DUI enforcement in a marked police vehicle. We observed a black ;CA Lk# ; driving northbound Jamboree from MacArthur, with expired registration, in violation of 4000(a)(1) CVC. I conducted a traffic stop for the above listed violation, by activating the overhead lights, at Jamboree and Fairchild. What Have You Been Drinking? How Much? Where? When Start? When Stop? Vodka and Soda 4 Drinks I The Fury 9:00 1:00 Do You Feel The Effects of the Ahwhol? If Yes, Describe: What Tme is il4 Acuai Time No, a little tired 1:30 0102 Where Are You Now? Actual Location Where Are You Going? Jamboree Jamboree and Fairchild N/A When Did You Lest feat? What? How Much Sleep in Last 24 Hrs? 2:00 Nachos 8 Hours Are You Sick, Injured or Have Physidal 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, Zr Desbe: Using Medicine or Drugs? B Yes, Describe: No No Are There any Mechanical Problems With This Vehicle? If Yes, Describe: No ' If T7C Involved. ask the n es ons: Ware you driving the ve who was? ❑ Yes ❑ No ❑ N/A Did you bump your hea you been drinking since the accident? what? How much? ❑ Yes ❑ No p Yes ❑ No ❑ WA navorwma+ My. sal YPORT BEACH POLICE DEPARTMER } Continuation Sheet 3 I DUI Arrest Report I 107 -11007 The vehicle was occupied by Deft tdriver of the vehicle, and Deft ll, who was seated in the front passenger seat. contacted Deft, — and noticed a moderate odor of an alcoholic beverage on his breath and person. 1 had Deft _ exit the vehicle, and 1 noticed the listed objective symptoms of alcohol intoxication. I administered FSE's to Deft,_ 3ased on the FSE's and Deft t statements, I determined Deft --(;was too impaired to safely operate a motor vehicle. I placed Deft'` under arrest for 23152(A) CVC - Misd DUI. While at the scene, 1 gave Deft(_ r a Trombetta advisement. Deft opted to take a breath test, which he completed with a BAC result of .18% and .18% on two separate samples obtained. Incident to the arrest, Ofs McKenzie searched Deft _ s vehicle. During the search, 0fc64cKenz1e located a bindle of a white powdery substance inside the vehicle. I conducted a presumptive test of the substance. The substance tested positive for cocaine. Deft � was placed under arrest for 11350(s) H &S - Possession of a Controlled Substance, and Deft booking charge was changed to 11350(a) H &S. Ofc McKenzie conducted in- custody interviews of both Deft id _ . Both �� and i denied having possession of the substance (see Ofc Mckenzie's supplemental report for further). We transported Defts and to NBPD for booking. Deft ! ; vehicle was towed from the scene (see Vehicle Report for further). Due to my vehicle's MVS system malfunctioning during the traffic stop, the contact and FSE's were not recorded. A. Olives 1331 fd � JL N �PnRT RR.ACH Pni.iCr. DRPARTMER Q TELEPHONIC EFEJG Preliminary Investigation Of: DR No. 0 Criminal Threats 07 -11868 ❑ GS U Location of Occurrence RD Date & Time Reported to PD Connected Reports - Type & DR 4221 Dolphin Striker Way 34 11/8/07 1944 Supplemental Month / Day / Year Day Time Month / Day / Year Day Time Occurred On Or Between: 10/26/07 Friday 0030 & Stolen 1 Lost Recovered Est.Dam. Arson/Vandalism Reportable Use of Force: ❑ Yes ® No $ Last Name (Firm name if business) First Name Middle DOB Age ex Desc Hgl Wgt Hair Eyes — Residence Address City Slate Zip Res. Phone <� + CA (? Business Address City State Zip Bus. Phone None Victim's Occupation Victim's Condition Veh. LID. No. State Year Make Model Colors) I ' Notifications - Persons & Division Victim Advised of Confidentiality Provisions Per 283 PC? O Yes ® No -' Victim Desires Confidentiality? O Yea ® No Domestic Violence Related? O Yea 0 No - Gang Related? O Yes 0 No Hate Come? O Yes 0 No Alcohol Related? Weapon Involved? O Yes 0 No Weapon Involved? O Yes 0 No Weapon Involved? O Yes 0 No O Yes 0 No Name If Known - Booking No. & Charge It Arrested (List Additional suspects In Nertaave) DOB Age ISex I Desc I Hgt. I Wilt. Hair Eyes = Unknown Address City State Zip Res. Phone Bus. Phone .; Personal Oddities (Unusual Features, Scars, Tattoos, Etc) Type Of Weapon (Threets,FOnxt,Simuild Gun, Etc) If Knife aGUn, Describe: IT,f handgun _ a E Clothing - Additional Descriptors Additional Suspects? O Yes E'< f _ (List on Page 2) 0 No — Veh. LID. No. State Year Make Model Type Colors) t, "s Inside Color(s) Modifications Damage - Additional Desc r'. .1d1 lnvdhw P tl V -V' R Peleal W- Code Name Residence Address City State Zip DOB Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone de Name Residence Address City State Zip DOB Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone M.o..- SPECIFIC OR MUSUAL ACTIONS THAT MAY TEND TO IDENTIFY THIS SUSP. (Uee Mvase side tueNSInal ronaW&) Burg: 13 Force [3 No Force e s h an dtsha a hando un anti threatens to kill Victim peat Supervisor Approving ID No. Investigating Officers) ID No. Signature of Reporting Person w 7- Miner 1240 Date//&�r Reproduced 1,,d Clerkojt" NaPD Fan a1 (Rev. IM) CM%RgW + f ' NEWPORT BEACH POLICE DEPARTMENT Page No. Type of Investigation DR No. 2 Criminal Threats 07 -11868 (1) List additional suspects, victims, involved persons. (2) List stalenhecovered property. (3) Reconstruct the occurrence: Include all elements of the crime (4 ) Describe any evidence Including rints state bcations found and by whom Give dis ition. n _ �duan' c18 Brand '` �`SMotlet S 0` a , i... . (;dip v Ibre aloe.. _.'Item fJ t.. o t' On 11/8107 at 1950 hours I responded to the NBPD front desk reference a battery report. Upon arrival I contacted Victim t -j, who provided the following statement. Victim i _ said he was at Fury Rok & Rol Sushi Lounge (4221 Dolphin Striker Way) on 10/26/07 at approximately 0030 hours. He was on the dance floor with his friend + I when th 3 Suspect approached him and said, "Why are you looking at me ?" ,Victim J told him that he wasn't looking at him, and the Suspect said, "I, will fucking kill you, I've got a gun.", When he said this, the Suspect lifted his shirt and grabbed a handgun from the front of his waistband. Victim described it as a+ 44 Victim ,, feared for his life and believed the Suspect was going to shoot him, so he grabbed the Suspect's hand in attempt to control the handgun. Victim l - -, and the was Suspect began punching and wrestling each other, and during the altercation Victim 1_ _ was knocked to' the ground. When he fell to the ground he broke a bone in his right hand. The altercation until several security guards separated the two. Victim was escorted outside by security, and he told them that the Suspect had a gun and threatened to kill him. Victim . Jdidn't see where the Suspect went, but several minutes later one of the security guards approached him holding a _ , handgun magazine loaded with gold bullets. The security guard showed him the magazine, then walked back inside the location. Victim f said the club manager, :_ NFD), approached him and asked him not to _ I calhthe police. He said, "Don't call the cops, they'll shut us down. Please leave " Victim r J and his gar; friend_ left the location in a vehicle. Victim 1 ( said he was not intoxicated at the time of the incident. He said he didn't know who the Suspect was and didn't know why he threatened him. The Suspect was never able to point the weapon at Victim __because he immediately grabbed his hand. Victim_ i didn't think the gun was discharged at any time during the incident. He didn't know what happened to the Suspect or the handgun after the altercation. He said he didn't contact the police at the time of the incident because he was fearful for-his safety and just wanted to leave the location. He said he decided to report the Incident to NBPD because he was tired of living in fear. Victim L_ said he went to a hospital in f _ on 10/26/07 and they treated him for the fractured bone in his hand. I took two digital photographs of Victim ti . Victim ` 7higned the Authorization for Release of Health Information form. Refer to Supplemental Report for additional Information. Supervisor Approving to No. Reporting Of oars) to No. t —�� Miner 1240 Neapr�s+s(RW.sea) i N_wi PORT BEACH POLICE DEPARTMEh.__ SUPPLEMENTAL REPORT - FIELD DateMme of Report Type of Original Report OR Number 11/8107 2200 Criminal Threats 07 -11868 Date of Original Occurrence Location of Original Occurrence RD of Occurrence 10/26/2007 4221 Dolphin Striker Way 34 yv Vletim's Last Name (Firm Name it Business) First Middle DOB Age { Address City State jZlp Res. Phone Bus. Phone 1' ;i Person Reporting Last Name First Middle DOB Aga ';!'• Address City State Zip Res. Phone Bus. Phone S3 Name If Known, Booking No. & Charge If Arrested DOB Age Sex Dose Hgt Wgt Hair Eyes Unknown f Address City State Zip Res. Phone Bus. Phone ry' C, & Personal Oddities (Unusal Features, Scars, Tattoos, Etc.) Weapon (Describe Fully) Shaved head f thandgun Clothing long sleeve green dress shirt, blue Jeans Name if Known, Booking No. & Charge if Arrested DOB Age Sex Dew Hgt Wgt Hair Eyes ' Address City State Zip Res. Phone Bus. Phone Rv EL`S7 Personal Oddities (Unusal Features, Scars, Tattoos, Etc.) Weapon (Describe Fully) Clothing State Make Model Type color(s) 7ear E [IV .` ❑ Sus Inside Cobr Body Modification Body Damage (t) Additional Informatlon Reported. (2) If Property Involved, itemize, Describe and Show Value, Ustlng All Serial Numbers. On 10/26/07 at approximately 0030 hours, Victim Nas threatened by the above listed suspect while inside Fury Rok & Rol Sushi Lounge (4221 Dolphin Striker Way). The suspect pulled a handgun from his waistband and threatened to kill Victim f _ _ Refer to crime report for details. Several days after the incident, Victim i_ was looking at photographs on the internet website upscaleaccess.com. The website posted photographs taken of people inside Fury the night of the incident, and Victim, —. believes the Suspect is shown in one of the photographs. The photograph in question shows a a remale standing with a 1male with a a_ _ There' isn't any information associated with the photograph, but Victim i said he is certain that it is the Supervisor Approving ID No. Reporting Officer(s) ID No. Person Reporting (Signature) Miner 1240 Date/Time Rep uced/Dist. CM D NBPO FM 9.17 faev. 0141) buppismanwi "pan -rIm 0 NkwPORT BEACH POLICE DEPARTMEN't...� Continuation Sheet Page No. Type of Report Booking No. DR Number 2 Supplemental Report -Field 07 -11868 suspect. Refer to attached copy of photograph. Supervisor Approving ID No. Reporting Officer(s) ID No. Miner 1240 �� l NE. .._,ORT BEACH POLICE DEPARTMENT'. . DUI ARREST REPORT Location of Arrest RD Date/Time Arrested DR Number Irvine / Mesa 31 11-04 -07 0224 07 -11690 Connecting Reports by Type and DR# Reportable Use of Force: Videotape of Arrest Videotape # Admin Per Se, Vehicle report, arrest report ❑ Yes ® No ® Yes E) No DV 4171 A Arrestee's Last Name -1 First Middle OC # 'T cl R Charge (Section, Code, Definition) E' S 23152(8)CVC, Misd DUI BAC .27% / .28% T Arrestee's Last Name - 2 First Middle OC # E Z3! 190 SCharge (Section, Code, Definition) DETENTION ONLY 647(F)PC, Public intox /disorderly conduct EU NOT ARRESTED w Witness Name - 1 PER • Res. Phone Bus. Phone I . Officer McKenzie #1162 T, Address City State Zip N NBPD E S Witness Name -2 DOB Age Res. Phone Bus. Phone S E Address Ctly State Zip Initial Observations See page #3 for narrative. What Have You Been Drinking? How Mudr7 Where? When Start? When Stop? No. No. Fury - Do You Feel The Effects of the Alcohol? If Yes, Describe: What Time is it? Actual Time I'm Fine 0030 0205 Where Are You Now? Actual Location Where Are You Going? Campus / Irvine Irvine / Mesa Home When Did You Last Eat? . What? How Much Sleep in Last 24 Hrs? 2300 Sushi 7 -8 hire Are You Sick, Injured or Have Physicial Impairments? If Yes, Describe: Diabetic or Epileptic? Do You Take Insulin? No No I 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 involved, ask the f011owina auestlons: Were you driving the vehicle? If no, who was? ❑ Yes ❑ No ❑ NIA Did you bump your head? Have you been drinking since the accident? What? Flow much? ❑ Yes ❑ No ❑ Yes ❑ No ❑ WA rvuru F.I. a.vz ii +. DUI Arrest RepoA� NE, .ORT BEACH POLICE DEPARTMENT METI� TI r4 Continuation Sheet ^DEEME0 NOT AF 3 I DUI Arrest Report I 107 -11690 My partner Officer McKenzie and I were working uniformed DUI enforcement patrol in a clearly marked police vehicle equipped with emergency li his and siren. We were on routine patrol in the area of Campus and Dove. I obsd of California license plate �Yaveling south bound Campus approaching N. Bristol. The _ vas weaving and began to accelerate. Officer McKenzie positioned our vehicle behind thel The r continued south bound through S. Bristol in the #2 lane. They began abruptly and in a jerking motion straddling and weaving south bound Irvine in violation of 21658(a)CVC. Officer McKenzie activated our emergency lights and conducted a traffic stop. I approached the driver side window and immediately obsd the deft displaying objective symptoms of intoxication (watery eyes, strong odor of alcohol emitting from her person, slurred speech, flushed face). I obsd the deft seated in the driver seat and deft -214 lseated in the passenger seat. I asked the deft to exit the vehicle. When the deft exited the vehicle she displayed an unsteady gait and appeared to lose her balance while she was walking. The deft stated that she had no alcohol to drink tonight. The deft agreed to perform a SFST as demonstrated by me. During the finger to nose test the deft raised her arms but never attempted to touch her nose. I explained and demonstrated the test several times and deft stated that she understood the directions. The deft failed the SFST. In my opinion the deft was under the influence of an intoxicant and unable to safely operate a motor vehicle. I placed the deft under arrest for 23152(A)CVC, misd DUI. I read the deft the chemical admonition and she agreed to complete a breath test. The results of the breath test are .27% /.28% BAC. I read the deft the Trombetta admonishment and she stated that she didn't want to give a blood sample. Officer McKenzie informed me that deft -20 as also under the influence. We attempted to obtain some form of transportation home for She refused to go home and stated that she had nowhere to go. She wanted to go to jail with the deft. displayed the objective symptoms of intoxication (reddish/watery eyes, strong odor of alcohol emitting from her person, slurred speech, flushed face, unsteady gait). In my opinion *vas under the Influence of an intoxicant and unable to care for herself or others. I placedd Under arrest for 647(F)PC, public intoxication / disorderly conduct. Officer Hoo responded to my location to assist. Officer Hoo transported the defendants to NBPD jail for booking. The deft's vehicle was stored at Harbor tow for driver arrested. #I«t I T. Zeeman 1330 N..,PORT BEACH POLICE DEPARTMEN ARREST REPORT Location of Arrest RD Dateffime Arrested DR Number 4141 Macarthur Sl 34 11/3/2007 0017 07 -11657 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # None ❑ Yes E No 6245 Reportable Use of Force: ❑ Yes E No Do Charges or Subsequent Charges Involve 646.9 P.C. (Stalking) ? ❑ Yes E 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 Jell) Amestee's Name -#1 Last First h (e OC# ENPIO R, Charge (Section, Code & Definition) PER 8496a)/80.5 PC 647(f) PC- Public drunkidisorderly conduct :R Name 42 Last First Middle OC# S.` T • Charge (Section, Code & Definition) E? E' Arrestee's Name 43 Last First Middle OC# Sr Charge (Section, Code & Definition) Witness #1 DOB Age Res. Phone Bus. Phone Address City State Zip W Witness #2 ) DOB Age Res. Ptrone Bus. Phone N: Address City stela zip E. Witness #3 DOB Age Res. Phone Bus. Phone E Address City State Zip i 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 iL 5677 o Date/time Reproduced Clerk !1 Fn.m R Iliav IfMV1 Fitzgerald 1308 ,crest Rew `Lt ' N. ..)PORT BEACH POLICE DEPARTMEI Continuation Sheet Page No. Type of Report Booking No. DR Number 2 Arrest Report 07 -11657 On 1113107, at approximately 0017 hours, I responded to 4141 Macarthur Blvd reference a drunk person passed out next to a building. Upon my arrival I observed a male (later identified as' J asleep on the grass in front of 4141 Macarthur Blvd. I shook his shoulder while yelling, "wake upl "f 31owly opened his eyes and asked in a slow, slurred speech pattern, "whars wrong ?" As ('spoke, I noticed the strong smell of alcohol emanating from his person. 1 asked r where he had been drinking and he failed to respond. I asked, )if he could sit and he slowly brought his body up into a sitting position while bracing himself with one hand. I askedl'— again where he had been drinking and he stated, "The Fury with my buddies." I asked what he was drinking and he replied, "Vodka and soda .n As I spoke wittO A I noticed his eyes were very bloodshot and watery and he was struggling to keep them open. I asked* jf he could stand and he made one unsuccessful attempt before I had to assist him to his feet. As he stood, 1 noticed his legs were very wobbly and I had to maintain my grip on his shoulder to keep him from falling. Based oni Is objective symptoms of alcohol intoxication and the fact he was passed out when 1 first contacted him, I determined t was too drunk to care for himself or others and arrested him for 647(F) PC- Public drunk/disordedy conduct. I transported to NBPD Jail for booking. Supervisor Approving ID No. Reporting Officer(s) 1D No. aT - (t - fQ,3 Fitzgerald 1308 - NBPDFam i ti (Rw. 9 -98) .._JWPORT BEACH POLICE DEPARTMENT DUI ARREST REPORT Location of Arrest RD I Data/Time Arrested OR Number Irvine / Bristol St. S. 34 11/13/07 0157 07 -11999 Connecting Reports by Type and DR# Reportable Use of Farce: I Videotape of Arrest Videotape # Traffic Collision Report / Property Report ❑ Yes ® No I ❑ Yes ® No DVO05976 Arrestee's Last Name - 1 First Middle OC # Charge (Section, Code, Definition) 231*52(a) CVC - Misd DUI Arrestee's Last Name - 2 First Middle OC # 12-32-SO Charge (Section, Code, Definition) 647(f) CPC - Public Intoxication Witness Name- 1 DOB Age Res. Phone Bus. Phone Ofc. Little Address City State Zip ' NBPD at Witness Name - 2 DOB Age Res. Phone Bus. Phone ti Ofc. Maisano 1k Address Clay State Zip NBPD Initial Observations ADDITIONAL ARRESTEE: f _._ DETENTION ONLY 647(f) CPC - Public Intoxication DEEMED NOT ARRESTED PER 849 6(;4/849.5 P.C. What Have You Been Drinking? How Much? Where? When Start? When Stop? Nothing, Just water n/a The Fury 11 o'clock 1 o'clock Do You Feel The Effects of the Alcohol? If Yes, Describe: What Time is it? Actual Time No 1:30 0146 hours Where Are You Now? Actual Location Where Are You Going? Irvine on Bristol Irvine and Bristol San Clemente When Did. You Last Eat? What? How Much Sleep in Lest 24 Hire? 6 o'clock Cup of Noodles 5 hours Are You Sick, Injured or Have Physicist Impairments? If Yes, Describe: Diabetic or Epileptic? Do You Take Insulin? Dry blood on fingers No No Are You Currently Under the Care of a Doctor or Dentist? If Yes, Describe: Using Medicine or Drugs? If Yes, Describe: No I No Are There any Mechanical Problems With This Vehicle? If Yes, Describe: No if T C involved, ask the following questions: Were you driving the vehicle? If no, who was? • Yes ❑ No ❑ NIA NIA Did you bump your head? Have you been drinking since the accident? What? How much? • Yes El El 181 No El NOPO F. A 12(FW. 6o) DUI Affect Report c'�``i`_pV`rtrllr 1 iWPORT BEACH POLICE Continuation Sheet 3 1 DUI Arrest Report I 1 07 -11999 On 11!13/07, at approx. 0126 hours, I was dispatched to the area of Bristol St. N and Birch reference a traffic collision (see traffic collision report for further). 1 responded to the scene and noticed one vehicle was outstanding. I searched the surrounding area and located a I Truck I r) at the Chevron gas station on the corner of Bristol St. S and Irvine. The above listed vehicle had rear end damage and the back window was busted out. The vehicle appeared to have been in a traffic collision. I observed Defts ',,y standing outside of the vehicle. All three of the defts stated they had just been In an accident, and motioned towards the area of Bristol St. N and Birch. All three defendants refused medical treatment. I asked each of the defts who was driving the vehicle, and all three identified Defti - - -as the driver. I observed Deft land noticed he displayed objective symptoms of intoxication. While speaking with Deft( I noticed the deft had bloodshot and watery eyes, slum speech, and a strong odor of an alcoholic beverage on his breath and person. I administered FSE's to Defti _ During the FSE's. Deft I ►had difficulty following instructions and continuously Interrupted myself as I gave the instructions. Based on the FSE's I determined Deft% Me too impaired to safely operate a motor vehicle. I placed Deft Ander arrest for 23152(A) CVC - Misd DUI. I informed Deft I he was required to submit either a breath or blood test to determine his BAC. Deft_ a stated he would submit a blood test. I spoke with Defd_ r and immediately noticed objective symptoms of alcohol Intoxication. Defti pad urinated on himself, had a strong odor of alcoholic beverage on his breath and person, had bloodshot and watery eyes, and had difficulty balancing. Deftl rstated he was drinking at the Fury, but was unable to tell me how much he drank. Based on the defts objective symptoms of intoxication, I determined he was unable to care for his own safety or that of others. I placed Deft :der arrest for 647(f) CPC - Public Intoxication I also spoke with Deft) — - ',and Immediately noticed objective symptoms of alcohol intoxication. Deff ad a strong odor of alcoholic beverage on his breath and person, had bloodshot and watery eyes, and slurred speech. Deft stated he was drinking at the Fury, but was unable to tell me how much he drank. Based on the deft's objective symptoms of intoxication, I determined he was unable to care for his own safety or that of others. 1 placed Deft( /' J under arrest for 647(f) CPC - Public intoxication. During a pat down search of his person, Deft (gave consent for Ofc. Little to search inside of his pockets. Ofc. Little located a green plastic bottle containing marijuana. Deft as in violation of 11357(b) H &S - Possession of Marijuana less then 1 ounce. Ofc Maisano transported Deft and I transported DO_ Jandf F ,10 NBPD for booking. While at N D, Blood Tech Ommi drew a sample of Deft' blood, at 0308 hours. The blood sample was stored in vial numbef �J and was booked into the CFP Lab. Deft ! _(ehicle was towed from the scene at his request. Due to my vehicle's MVS system malfunctioning during the traffic stop, the contact and FSE's were not recorded. ._ .._. F. ryw" li �+ A.Oiivas 1331