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Incident Report SAPD Case No. 90314088/01

 
 
 
 
 
DATE: 05-05-09 SAN ANTONIO POLICE DEPARTMENT              PAGE ONE TIME: 1025                  DEFENSE/INCIDENT REPORT            CASE: 90314088/01
OFFENSE DESCRIPTION LOCATION OF OFFENSE            DATES OF OCCURRENCE CRIMINAL TRESPASS-PRIVATE P  00127 NAVARRO ST                FROM: 04-29-09 1900
TO:
REPORTING OFFICER TYPE PREMISE 0959 LANDRUM, KEVIN D         OTHER                            WEATHER: WARM / DRY
COMPLAINANT TITLE      RAG SEX ID?  DATE-OF-BIRTH LANDRUM, K                       /,      . –   SAPD-0959
ARRESTED PERSON(S) . RAG SEX  AGE  DATE-OF-BIRTH
MACIAS, RODOLFO ‘                 
DETAILED DESCRIPTION OF OFFENSE
 
NOTIFIED OF PROVISIONS OF TEXAS CRIME VICTIM ACT:
 
I WAS DISPATCHED TO THE ABOVE LOCATION FOR A DISTURBANCE. UPON ARRIVAL CONTACTED O AND 02. BOTH ADVISED THAT AP WAS AT THE LOCATION FOR A PROTEST AND REFUSING TO LEAVE. 01 ADVISED THAT OFFICERS WERE NOT NEEDED AT THE TIME O ADVISED THAT AP WOULD BE ALLOWED TO STAY AT THE LOCATION UNTIL WOULD CONTACT SAPD AT THAT TIME FOR FURTHER ASSITANCE. IF AP CONTINUED TO REFUSE TO LEAVE. O3 WAS CONTACTED BY 02 AT 1800HRS REQUESTING ASSITANCE TO REMOVE AP. O3 CONTACTED THIS OFFICER AND ADVISED TO RETURN TO THE ABOVE LOCATION. THIS OFFICER MET 03 AT THE ABOVE LOCATION AND WAS CONTACTED BY O2. O2 ADVISED HE WAS THE LEGAL CONSUL FOR THE CONSULATE AND REQUESTED WE ASSIST IN REMOVING AP FROM THE PREMESIS THIS OFFICER ALONG WITH O3, Ol, AND O2 CONTACTED AP. 01 ADVISED AP THAT HE NEEDED TO LEAVE THE CONSULATE. O2 THEN ADVISED AP THAT HE WAS NO LONGER WANTED AT THE CONSULATE. O2 SPOKE WITH AP FOR APPROXIMATELY FIFTEEN MINUTES TO CONVINCE HIM TO LEAVE. AP REFUSED 03 SPOKE WITH AP APPROX TWENTY MINUTES IN AN ATTEMPT TO CONVINCE AP TO LEAVE. AP REFUSED TO LEAVE AND ADVISED THAT THE ONLY WAY I AM LEAVING IS IN HANDCUFFS. CAPT VASQUEZ #5036 WAS NOTIFIED OF AP’S REFUSAL TO LEAVE AND ADVISED TO REMOVE AP FROM THE CONSULATE WITH FORCE IF NECESSARY. AP WAS ADVISED BY THIS OFFICER TO LEAVE OR BE ARRESTED FOR CRIMINAL TRESPASS. AP REFUSED AND LAYED DOWN ON THE FLOOR IN PASSIVE RESISTANCE ON HIS BACK. AP  ‘ WAS ROLLED ON HIS CHEST BY THIS OFFICER AND 03  WHERE HE WAS HANDCUFFED. AP REFUSED TO STAND OR WACK AND REMAINED WITH HIS BODY LIMP. AP WAS LIFTED BY THE ARMS BY THIS OFFICER AND O3 AND CARRIED WITH HIS FEET DRAGGING OUTSIDE THE LOCATION TO THE CITY SIDEWALK. AP WAS PLACED ON HIS SIDE ON THE SIDEWALK AND THEN BEGAN SHAKING AND ACTING IF HE WAS HAVING DIFFICULTY BREATHING. AP WAS HANDCUFFED AND PLACED UP-RIGHT. EMS WAS REQUESTED TO THE SCENE. EMS TRANSPORTED AP TO METROPOLITAN HOSPITAL. THIS OFFICER ACCOMPANIED AP TO THE HOSPITAL AS HE WAS PLACED UNDER ARREST INSIDE THE CONSULATE FOR CRIMINAL TRESPASS UNDER ORDERS FROM CAPT VASQUEZ #5036. THERE WAS QUESTION AS TO THE AUTHORITY TO ARREST AP IN THE CONSULATE AS IT WAS MEXICAN SOIL. O4 CONTACTED THE US STATE DEPARTMENT AND SPOKE TO 05 AND 06 WHO ADVISED THAT AP COULD BE ARRESTED AS WE WERE REQUESTED TO ASSIST THE CONSULATE BY O AND THAT THEY DID NOT WANT HIM AT THE LOCATION. THE STATE DEPARTMENT ADVISED THAT THE CONSULATE WOULD NOT BE THE COMPLAINT BUT THE ARRESTING OFFICER WOULD. O ADVISED THIS WAS NOT THE FIRST TIME THAT AP HAD BEEN AT THE ABOVE LOCATION CAUSING DISTURBANCES. WHEN AP WAS RELEASED FROM THE HOSPITAL HE WAS TRANSPORTED TO 401 S FRIO WHERE HE WAS BOOKED FOR CRIMINAL TRESPASS OF PRIVATE PROPERTY. RESISTING ARREST SEARCH AND TRANSPORTATION AS HE USED PASSIVE RESISTANCE FORCING US TO CARRY HIM OUT OF THE LOCATION TO THE PATROL VEHICLE AND WOULD NOT ASSIST IN ENTERING THE VEHICLE. AP WAS ALSO CHARGED WITH INTERFERENCE WITH THE DUTIES OF A PUBLIC SERVANT AS WHILE DISCHARGED IN AN OFFICIAL CAPACITY ON OFFICIAL BUSINESS AP DISOBEYED A LAWFUL ORDER WHEN HE WAS ADVISED TO VACATE THE ABOVE PREMESIS. AP WAS BOOKED UNDER THE ABOVE CHARGES AUTHORITY OF CAPT #5033. AP WAS READ CN-02 CONSULAR NOTIFICATION FORM AT 2100 HRS BY O3 AND AP AT THAT TIME TIME REQUESTED THE MEXICAN CONSULATE BE NOTIFIED OF HIS ARREST. THE MEXICAN CONSULATE WAS NOTIFIED OF AP’S ARREST AT 0033HRS ON 04-30-09. AP’S PROPERTY WAS RELEASED TO 07 AT THE SCENE AT AP’S REQUEST. AGENT IBARRA #2957 WITH ICE WAS CONTACTED AND ADVISED AN AGENT WOULD BE OBTAINING A DETAINER FOR AP AFTER BEING INTERVIEWED.