Loading...
HomeMy WebLinkAboutExhibit 15Exhibit No. 15 NEI- RT BEACH POLICE DEPARTMENT IPLOYEES 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 Dolphth Striker Way 1 34 To:(Rank, Name,Assignment,Division) Date and Time Reported vice and Intelligence 11/6/2007 1000 On 11/02/2007 Detectives( and I went to Fury Rok and Roll Sushi Lounge in an undercover capacity to observe how the business was being conducted. Detectives I arrived at approximately 9:00 p.m. Detective Chad dinner reservations and went inside the establishment. Refer to his report for details of his observations. Detective maintained observation of the business and surrounding area from the west parking lot. Refer to his report for details. Detective( i 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, ClsssicQ, and Saagar restauna - 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 Supe dum,,2 No. Reporting Officer(s) ID No Date ancT Time Reproduced and Distributed Clerk a NU 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 i ......... :,�;� " ^`w. By 10:15 p.m., the club style music got measurably louder, especially when the front door was opened. Even though thedillafti was attended to by security, it waste During this time there were a couple taxicabs staging in the parking lot at the southwest corner 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 approximately4loOlport 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*dWW, seamalig emps so peopie sM md m m U agnig I 1 9 ps 1 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 Offioer(s)I — SID No. NSPD FOM 3.15 (Re .& ) t• NF— BEACH POLICE DEPARTMENT ORT continuation Sheet Page No. Type of Report Booking No. DR Number 3 1 Employees Report 1 1 07 -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•erfi:• 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 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 NBPD Farm 3.15 (Rev. 3.88) �— 11119-4-111\ P11 NE' }}ORT BEACH POLICE DEPARTMENT Continuation Sheet 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 anger /frustration 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 Na&Qg ot. 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. Supervisor NBPD Farm 5.15 (Rev. 348) ID No. M Nr BEACH POLICE DEPARTMEN° CORT PLOYEES REPORT Subject DR Number Fury Surveillance 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 Sergeant(- _ .it 11/6/2007 0930 Reportable Use of Force: ❑ Yes ®No On 11/2/07 at about 2110 hours, I 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. 991 IPINW II 1 8 111 . 1 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, The music appeared to be coming from the 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). In No. I Reporting Officer(s) ID No. I'— I Qt Employees Report - 0' Nr" "PORT BEACH POLICE DEPARTMENT 'Continuation Sheet Page No. Type of Report Booking No. DR Number 2 1 Employees Report 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. ASS, I could hear 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. I could .0100 ­88"Adit Milo At ft"Mrs, MONVIN IN I NO 10011 IN the interior lights were turned on and patrons were leaving the establishment. Mi 1his 11ime. 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. MM NBPD Porn 3.15 (Rev. 3.98) NF "';PORT BEACH POLICE DEPARTMENT APLOYEES REPORT _ Subject DR Number Fury 07 -11763 Date and Time Occurred Location of Occurrence RD 11/2/2007 2110 4221 Dolphin Striker Way 34 To:(Rank Name Assionment Divicinn) Date and Time Reported Sgt.!— - 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 " /'who agreed to make a r 0 pm. The next day I received a message from "7 "from Fury asking me to call her back. I called"' i" back and she said•lhe%' 11 p I told her that I had and that I wasn't going to just sit at the table for the nightclub portion. " " said that it didn't matter and tha t 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 ( ". _ . _ _ a "). I told "' " that I was waiting for someone and that I would order in a little bit. The other individual arrived and we ordered an appetizer. a a do "I @. l@TI"W I 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. " told me that the "MROP -�- j,e me— ..L....... -&A n.nn -.-- -.-J LL_ G__ull .if_._ f.•_ .. _ P.. AAMPFFOR-17101MY-3-50 vlll,--LTrulignrs-uulyitieu-Tnsiaeinu-uar-dncrTne staff 13- r 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 comers of the bar, and on the outside patio. I also observed the manager walking around the establishment periodically. ID No. Reproduced and Distributed Clerk _ Employees Report �3\ N- 'VPORT BEACH POLICE DEPARTMENT. Continuation Sheet -) Page No. Type of Report Booking No. DR Number 2 1 Employees Report 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. s a iladO ill talc not of tha WahlichmeR6 At approximately on and the Wasim e and that he was going to play the last song. Everyone from the establishment filed out into the parking lot. At approximately a, Det. (— nd I stayed in the parking lot until the crowd subsided. ti Approving IM. M NSPO Fw 3.15(Rw. 385( NP ORT BEACH POLICE DEPARTMENT - PLOYEES REPORT Subject DR Number Fury 07 -11763 Date and Time Occurred Location of Occurrence RD 11/2/2007 2300 4221 Dolphin Striker Way 34 To:(Rank, Name. Assignment,Division) Date and Time Reported Sgt.L_ 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, —mnwas 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. Villow 1 6 ffillallpsmima* I . ,the . , e a h: , N 111_,10 fm II" . 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. Mwere4oleloftt " 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 After standing in line behind three other males for 45 minutes, I was told by the male Asian employee that there was a "$08.9 ". I handed the employee a $20.00 bill. He then told me that my identification would be checked at the door. Reproduced anuted Clerk ID No. U N `PORT 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 - 1am ". 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 -11120111 1 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, I 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 q ,fir per the Uniform Fire Code. At the booths, . Many were intoxicated. No violent acts were observed however, it appesivid is go 00 3.15 (Rev. 3A3) to No. Officer(s) No. r Lk