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Incident Report SAPD Case No. 90314456/01

 
 
 
 
 
 
DATE: 05-TIME: 165
SAN ANTONIO POLICE DEPARTMENT OFFENSE/INCIDENT REPORT
OFFENSE DESCRIPTION LOCATION OF OFFENSE OBSTRUCT PASSAGEWAY/ROADWAY  01310 MC CULLOUGH AV REPORTING OFFICER 3111 SIMPKINS/ GARY D
COMPLAINANT SIMPKINS, G.D.
TYPE PREMISE OTHER
TITLE SGT/3111
PAGE ONE CASE: 90314456/01
DATES OF OCCURRENCE
FROM: 04-29-09 2110
TO: 2210
WEATHER: WARM / DRY RAG SEX ID?  DATE-OF-BIRTH
ARRESTED PERSON(S)
DIAZ, ANTONIO
ADDR: 00114   GLORIETTA
IBANAZ, DIANA J.
ADDR: 01007   BARCLAY
JIJMB, OSCAR
ADDR: 03010   HATOM
JUMB, JEANETTE
ADDR: 03010   HATTOM
SAN ANTONIO SAN ANTONIO SAN ANTONIO SAN ANTONIO
RAG SEX  AGE
H M / TX
H F / TX
H M / TX
H F / TX
PROPERTY DESCRIPTION PROPERTY
SONY DVCAM VIDEO CAMERA; A BLUE CASE/1 OUTSIDE POCKET HAS POWER CORD/OTHER POCKET HAS MI
DATE-OF-BIRTH 11-25-53
06-01-60 02-16-70 02-06-69
EST. VALUE
DETAILED DESCRIPTION OF OFFENSE
NOTIFIED ON PREVISIONS OF TEXAS CRIME VICTIM ACT:
R/0 WAS FOLLOWING UP ON SAPD CASE #90-314088, INVOLVING THE ARREST OF A MEXICAN NATIONAL AT THE MEXICAN CONSULATE, AS PER (O’S) VERBAL ORDER. THE ABOVE AP WAS TRANSPORTED TO METROPOLITAN HOSPITAL, E.R. FOR TREATMENT, WHERE I ENCOUNTERED THE FOUR APS.
(R) AND (W-l) APPROACHED ME, STATING THE FOUR AP’S WERE ON HOSPITAL PROPERTY, IMMEDIATELY IN FRONT OF THE E.R. DOORS, VIDEO TAPING INTO THE E.R. AND PHYSICALLY IMPEDING VEHICULAR, AMBULANCE, AND PEDESTRIAN TRAFFIC TO THE E.R.
BOTH SECURITY OFFICERS ORDERED THE AP’S OFF OF HOSPITAL PROPERTY, BUT THEY KEPT RETURNING THUS CRIMINALLY TRESPASSING. THE AP’S, 1 AND 2 WERE CRIMINALLY TRESPASSING, AND RELUCTANTLY MOVED ONTO THE PUBLIC SIDEWALK WHEN I APPROACHED THEM. AP’S 3 AND 4 ARRIVED A SHORT TIME LATER, AND OBSTRUCTED THE SIDEWALK.
THE SECURITY OFFICERS CONCERN WAS FOR H.I.P.A. LAW VIOLATION BY VIDEO TAPING PATIENTS, AND STAFF, AS WELL AS HEAVY VEHICULAR AND PEDESTRIAN TRAFFIC BOTH ON HOSPITAL PROPERTY, AS WELL AS THE PUBLIC SIDEWALK.
I SPOKE W/AP’S 1 & 2 INITIALLY, AND ADVISED THEM THEY HAD ALREADY CRIMINALLY TRESPASSED BY DISOBEYING THE SECURITY OFFICERS ORDERS TO LEAVE, THUS MANDATING MY  ARRIVAL ON SCENE. I TOLD THEM THEY WERE OBSTRUCTING THE PUBLIC SIDEWALK, AND TO LEAVE THE LOCATION.
BOTH AP 1 & W VERBALLY REFUSED, API STATED "I KNOWN THE LAW, THIS IS A PUBLIC  SIDEWALK, I’LL JUST WALK BACK AND FORTH ALL NIGHT IF I HAVE TO". AP-2 NODDED IN AGREEMENT AND SAID, " YOU CAN’T TOUCH US, WE KNOW THE LAW". I TOLD THEM TO THINK ABOUT MY WARNING AND TEMDED TO OTHER DUTIES IN THE E.R. APPROX 20 MINUTES LATER, I AGAIN APPROACHED AP 1 & 2 ADVISING THEM THE AP FROM THE CONSULATE WOULD BE INSIDE FOR QUITE SOME TIME, AND AGAIN TOLD THEM TO LEAVE. I WAS CONFRONTED WITH VERBAL ARGUEMENT FROM BOTH OF THEM AND ASKED
PAGE 01 OF 02
SAN ANTONIO POLICE DEPARTMENT OFFENSE/INCIDENT REPORT
CASE: 90314456/01
FOR ANOTHER OFFICER, AND PATROL WAGON. I ASKED ON MY RADIO, IN THEIR PRESENTS IN AN ATTEMPT TO PROMPT THEM TO LEAVE, WITHOUT HAVING TO ARREST THEM, HOWEVER, THEY STOOD FAST.
THE OFFICER (G ANDRADE) AND WAGON ARRIVED, AND REMAINED FOR APPROX, 20 MINUTES. A TOTAL OF FOUR HOSPITAL SECURITY OFFICERS MADE THE SCENE, AND AGAIN ARTICULATED THEIR CONCERNS. THOSE CONCERNS WERE THAT WHEN POLICE LEFT THE LOCATION, THE APS WOULD AGAIN TRESPASS ON HOSPITAL PROPERTY. THIS TIME, AP’.’J 3 & 4 HAD ARRIVED BLOCKING THE SIDEWALK WITH AP’ S 1 & 2. API HAD PLACED
.ARGE BAG IN THE MIDDLE OF THE SIDWALK, ALSO CONTRIBUTING TO THE BLOCKAGE. ..ï: UNRULY APS WERE BECOMING LOUD, OBNOXIOUS, AND BELLIGRANT, AND API & 2 HAD IGNORED TWO PRIOR ORDERS BY ME TO CEASE BLOCKING THE SIDWALK. I ASKED THE GROUP 01 GATHER IN FRONT OF ME, AND EXPLAINED TO ALL OF THEM THEY WERE VIOLATING P.C. 42.03, OBSTRUCTING PASSAGEWAY. I TOLD THEM THAT AP’S 1 & 2 HAS BEEN PREVIOUSLY WARNED TWICE IN THE PAST HOUR. THAT I HAD BEEN VERY PROFESSIONAL, AND PATIENT WITH THEM, AND NOW I WAS ORDERING THEM ALL TO LEAVE IMMEDIATELY, OR BE ARRESTED.
AP’S 1 & 2 BOLDLY REFUSED, PROCLAIMING " WE KNOW OUR RIGHT". AP’S 3 & 4 BOTH EXCLAIMED, "WERE STAYING HERE WITH THEM, YOU CAN’T ARREST US". I ASKED AP3 FOR HIS I.D., AND HE REFUSED, ASKING, "WHY SHOULD I TELL YOU WHO I AM"?
I EXPLAINED FAILURE TO I.D. TO HIM, AS HE WAS THE SUBJECT OF A CRIMINAL INVESTIGATION, AND HE PROVIDED HIS I.D. TO ME.
AS I HANDED THE I.D. TO AN OFFICER TO ENTER INTO THE COMPUTER, THE FOUR APS BEGAN PRANCING BACK AND FORTH, PROCLAIMING THEIR RIGHTS, AND PROFESSING TO STANDFAST AT "WHATEVER THE COST".
THEN ARRESTED API, AND APS 2 & 3 THEN BEGAN TO RETREAT AND SAID OK THEN, WELL LEAVE. I EXPLAINED TO THEM THAT WINDOW OF OPPERTUNITY HAS CLOSED,AND ALL FOUR APS WERE ARRESTED. APS 1 & 2 FOR CRIM. TRESPASS & OBSTRUCTING PASSAGEWAY, AND APS 3 & 4 FOR OBSTRUCTING PASSAGEWAY.
 
SAN ANTONIO POLICE DEPARTMENT OFFENSE/INCIDENT REPORT
CASE: 90314456/01
FOR ANOTHER OFFICER, AND PATROL WAGON. I ASKED ON MY RADIO, IN THEIR PRESENTS IN AN ATTEMPT TO PROMPT THEM TO LEAVE, WITHOUT HAVING TO ARREST THEM, HOWEVER, THEY STOOD FAST.
THE OFFICER (G ANDRADE) AND WAGON ARRIVED, AND REMAINED FOR APPROX, 20 MINUTES. A TOTAL OF FOUR HOSPITAL SECURITY OFFICERS MADE THE SCENE, AND AGAIN ARTICULATED THEIR CONCERNS. THOSE CONCERNS WERE THAT WHEN POLICE LEFT THE LOCATION, THE APS WOULD AGAIN TRESPASS ON HOSPITAL PROPERTY. THIS TIME, AP’.’J 3 & 4 HAD ARRIVED BLOCKING THE SIDEWALK WITH AP’ S 1 & 2. API HAD PLACED
.ARGE BAG IN THE MIDDLE OF THE SIDWALK, ALSO CONTRIBUTING TO THE BLOCKAGE. ..ï: UNRULY APS WERE BECOMING LOUD, OBNOXIOUS, AND BELLIGRANT, AND API & 2 HAD IGNORED TWO PRIOR ORDERS BY ME TO CEASE BLOCKING THE SIDWALK. I ASKED THE GROUP 01 GATHER IN FRONT OF ME, AND EXPLAINED TO ALL OF THEM THEY WERE VIOLATING P.C. 42.03, OBSTRUCTING PASSAGEWAY. I TOLD THEM THAT AP’S 1 & 2 HAS BEEN PREVIOUSLY WARNED TWICE IN THE PAST HOUR. THAT I HAD BEEN VERY PROFESSIONAL, AND PATIENT WITH THEM, AND NOW I WAS ORDERING THEM ALL TO LEAVE IMMEDIATELY, OR BE ARRESTED.
AP’S 1 & 2 BOLDLY REFUSED, PROCLAIMING " WE KNOW OUR RIGHT". AP’S 3 & 4 BOTH EXCLAIMED, "WERE STAYING HERE WITH THEM, YOU CAN’T ARREST US". I ASKED AP3 FOR HIS I.D., AND HE REFUSED, ASKING, "WHY SHOULD I TELL YOU WHO I AM"?
I EXPLAINED FAILURE TO I.D. TO HIM, AS HE WAS THE SUBJECT OF A CRIMINAL INVESTIGATION, AND HE PROVIDED HIS I.D. TO ME.
AS I HANDED THE I.D. TO AN OFFICER TO ENTER INTO THE COMPUTER, THE FOUR APS BEGAN PRANCING BACK AND FORTH, PROCLAIMING THEIR RIGHTS, AND PROFESSING TO STANDFAST AT "WHATEVER THE COST".
THEN ARRESTED API, AND APS 2 & 3 THEN BEGAN TO RETREAT AND SAID OK THEN, WELL LEAVE. I EXPLAINED TO THEM THAT WINDOW OF OPPERTUNITY HAS CLOSED,AND ALL FOUR APS WERE ARRESTED. APS 1 & 2 FOR CRIM. TRESPASS & OBSTRUCTING PASSAGEWAY, AND APS 3 & 4 FOR OBSTRUCTING PASSAGEWAY.