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Edward Duenez Jr. DA Report

Edward Duenez Jr. DA Report

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Published by LeakSourceInfo

12/13/2012

More: http://leaksource.wordpress.com/2012/12/13/dash-cam-video-shows-fatal-shooting-of-ernest-duenez-jr-by-manteca-police/

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12/13/2012

More: http://leaksource.wordpress.com/2012/12/13/dash-cam-video-shows-fatal-shooting-of-ernest-duenez-jr-by-manteca-police/

http://twitter.com/LeakSourceNews

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Published by: LeakSourceInfo on Dec 14, 2012
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JAMES
.
WILLETT
DIS"IRICT
ATTORNEY
OFFICE
OF THE
ISTRICT
ATTORNEY
SAN
JOAQUIN
COUNTY
HOMICIDE
&GANG
VIOLENCE
SUPPRESSION
UNIT
222
ast
Weber
Avenue,
uite
202,
tockton,
California
P.O.
Box
990,
tockton,
alifornia
9201
Telephone:
(209)
68
-2400
Far:
209)
65
-0371
MEMORANDUM
TO:
NICK
OBLIGACION,CHIEF
OF
POLICE
MANTECA
POLICED
R T
FROM:
MARK
OTT
DEPUTY-
~1STRICT
A
NEYSAN
JOAQUIN
COUNTY
DATE:
December
10,
2012
EDWARD
.
BUSUTTIL
ASSISTANT
ISTRICT
ATTORNEY
SUBJECT:
INVESTIGATION
OFTHE
FATAL
SHOOTING
OF
ERNEST MANUEL
DUENEZ
ON
JUNE
,
2011
AT
42
FLORES
AVENUE,
ITY
OF
MANTECA;
MPD
1
-14975
Pursuant
to
the
provisions
of
the
San
Joaquin
County
Officer
-
Involved
Critical
IncidentProtocol,
effective
August
1,
1994,
he
responsibility
of
the
Office
of
the
District
Attorney
is
to
review
the
acts
and
determine what,
f
any,
riminal
charges
should
be
iled
whenever
here
is
an
officer
-involved
fatality
or
life
threatening
incident.
This
memorandum
reviews
the
death
of
Ernest
Manuel
Duenez
8/15/76)
which
occurred
on
June
8,
2011.
The
investigation
was
ointly
conducted by
the
San
Joaquin
County
District
Attorney's
Investigation
Unit,
the
Manteca
Police
Department
and
the
California
Department
f
Justice.
CASE
SUMMARY
On
une
8,
011,
fficers
of
the
Manteca
olice
Department
ere
ooking
for
Ernest
Manuel Duenez,
a
Parolee
at
Large
PAL)
nd
a
primary
suspect
n
an
earlier
domestic
disturbance.
Duenez
was
known
to
be
located
in
the
back "jump
seat"
of
a
blue
Nissan
extended
cab
ickup
truck,
armed
ith
a
hrowing
knife.
The
ruck
was
ssociated
with
the
address
of
242
Flores
Avenue,
Manteca.
Manteca
Police
Officer
John
Moody,
n
full
standard
uniform
and
in
a
marked
police
unit,
positioned
himself
north
of
the
Flores
address
in
order
to wait
for
the
blue pickup.
At
pproximately
6:45
p.m.,
Officer
Moody
observed
a
blue
pickup
pull
up
and
park
on
the
lawn
of
242
lores
Ave.
Officer
Moody
pulled
in
behind the
pickup,
initiated
his
light
bar,
and
approached
the
vehicle. Officer
Moody
observed
Duenez
n
the
back"jump
seat
"
f
the
pickup.
After
ordering
Duenez
o
 
not
move
our
times, 
Duenez 
attempted
to
getout
of
the
pickup.
As
he
was
tanding
on
the
floorboard
of 
the
pickup 
withhis 
left 
hand on
the
right
passenger
door
and 
his
left
handon 
the
roof 
of
the
pickup,
he
turned
toward 
Officer
Moody.
In
his
right
hand, 
Duenez
had
an
8
-inch, fixed
blade
knife 
(blade 
s
approximately
4
nches
long). 
Officer
Moody
ired
13
roundsfrom 
his
department
-
issued
firearm 
at
Duenez.
Duenez 
s
struck
and
dies.
The
incident
was
aptured 
on
Officer
Moody's 
in
car video/audio 
unit.
INVESTIGATION
STATEMENTS
It 
should 
be 
noted
that interviews
of
ll
witnesses
were
completedby 
investigators
of both 
the 
Manteca 
Police
Department 
and
San
Joaquin
County 
District
Attorney's
Office,
Bureau 
of
Investigations
andwere
recorded.
Dispatch
Log 
No.
1: 
On
June
8, 
2011
at
06:05
hours,
officers 
of
the 
Manteca
Police
Department responded
to
491 
Ribier 
Court
on
a
call 
of 
a 
suspicious
person
being
in
a 
room above
the
garage
of 
the
residence.
Office 
Avakian
responded
tothat
call.
Upon
contact 
with
the
reporting
party,Officer
Avakian 
was made
ware
that 
Ernest
Duenez 
was
suspected
of 
taking
a
sword 
and
sticking 
it
into
screen
of
the 
residence.
Officers
of
the
Manteca 
Police
Department
began
looking 
for
Duenez 
ndwere
made
ware
that
he
was
a
Parolee
at 
Large 
(PAL), 
as
of 
June 
3,
2011.
It
should 
be 
noted
that
the 
PAL
otice
indicatedthat
Duenez
was
onsidered
armed
and 
dangerous.
Dispatch 
Log 
No.
2: 
On
une
8,
2011
at 
17:18
hours,
a 
reporting
party,
Tom 
hite,
located 
near
the
intersection
of
Pillsbury
Rd.and 
Woodward
Ave.,
Manteca,
called
the
Manteca 
Police
Department
due
to 
a
domestic
disturbance.
A
econd
reporting
party,
Michael 
Henry 
alled 
police 
as
ell. 
It
was
eported
and 
aired
on
MPD
ispatch 
that
a 
man
involved
in 
the
disturbance 
has a
knife
on 
him,
and 
that
he
s
known 
tocarry 
a
handgun.
This
information 
is
confirmed 
by 
the
MPD
ispatch
log
11-
14968.
It 
should 
be 
noted 
that
no
police
report
was
generated
by
this
call
as 
the
parties
were
not present
at 
the
time
that
MPD 
esponded
to
this
area.
Michael 
Henry: 
Michael 
Henry 
stated that
he has
known 
Duenez
or
the
previous
six
months. Henry
stated
that
on June 
8,
2011, Duenez' 
ife,
Whitney 
Duenez
had 
come
over
to 
his
residence
on
Pillsbury. 
Whitney
was
ery
angry 
and 
accusing 
Duenez 
of
infidelity.
Henry
indicatedthat
he
hasseen
Duenez
punchWhitney
several
times 
in 
the
past, 
evenas 
recently
as
the 
previous
week.
He 
ndicated that
Whitney
has
run
over
his
mail
box
duringprevious
altercations.
Believing
that
the
situation
would
escalate,
Henry
called 
the 
MPD. On
his 
occasion,
he
stated
he
did
not
see 
any
physical 
altercation.
However, 
when
Henry 
was 
ttempting
to 
disperse the
two, 
Henry 
stated
that
Duenez
slapped
Whitney
n
the
back
ofthe
head. 
Duenez
and
Whitney
eft 
as 
police
sirens
were
approaching.
Henry
indicated
to
police
that
he
had
seen
Duenez
ith
a 
black 
handled
throwing 
knife.
 
Afterpolice
left, 
Duenez
eturned
to 
the
Henry
residence
n
a 
blue 
pick
-up
truck.
He
arrivedto
collect
some
personal
items.
Henry
indicatedto
Duenez 
hat
the
MPD
were
looking
for
him.
Duenez 
eft
in
the 
back "jump
seat"
of
the
blue
pickup
truck.
Before
leaving,
Duenez
dropped
and
then
picked
up 
the 
black
-
handled
throwing
knife.
Henry
called
MPD. 
He
old
the
MPD
ispatcher
the
make,
model and 
license 
plate
number
f
the
truck
and
that
when Duenez
had
left, 
he
was 
n
possession
of
the
knife.
It
should
be
noted
that
the
knife
that
was 
recovered 
in
the 
bed
ofthepickup
light
blue
pickup 
truck 
was
identified
by
Henry
as
the
knife
that
"looked
like
the
knife
that
I
handed 
Duenez
".
Officer
JohnMoody: 
Officer 
Moody
tated
that
on June 
8, 
2011,
he
started
his
shift
as a
patrol
officer 
in
standard
uniform,
with
standard
one
-
person,
marked
patrol
unit
at
11:30a.m.
He 
tated that
upon
startinghis
shift, 
he 
was made
aware
that
Ernest
Duenez
was
a 
PAL
and
that
he
was
onsidered 
armed 
and
dangerous.
Officer
Moody
indicated
that
he
was
aware
of
Duenez'
past
and
thought 
that
he
might
be
involved 
in
criminal street
gangs.
Variousattempts 
were
made 
hroughoutthe
day
to locate
Duenez,
without
success.
In
the
late
afternoon,
Moody
wasmade
ware 
hat
there
was
a
domestic
disturbance
involving
Duenez
n 
Pillsbury
Road
and
that
Duenez was
armed
with
a
knife
(see
above). 
Moodywas 
made
aware
through
dispatch
that 
Duenez
was
ast 
seen
lying
down
n
the
back
"jump
seat"
of
a 
light
blue
pickup
truck that
was
eing
driven
by
an
older
Hispanic
male
with
an
older
Hispanic
female
as
the
passenger.
Officer
Moody 
tationed
his
vehiclenorth
of
242
lores
(theresidence
of
Whitney
Duenez)
o
determine
f
the pickup
would
arrive
at
that
location.Officer
Moody 
observed
the
pickup 
travel
west 
on
North
Street,
turn
south
on
Flores
Avenue
and
pull
into
the
residence
of
242
lores
Ave.
Moody
ctivated
his
overhead 
lights.
Moody saw
a 
head
pop
up
from
the
`jump
seat'
of
the
pickup
and
begin
to
exit
the
right
passenger
door.
Moody
stated 
that
he
initially
had
his
departmental-issued
weapon
out,
but 
that
he began
toholster
it
becausehe
believed that 
Duenez 
would
engage
in
a 
hand
to
hand
struggle.
As
Duenez 
had
one
foot 
on 
the
ground,
and
one
foot
inside
the 
truck, 
Moody
ndicatedthat
Duenez
urned
toward him
and
had
a
knife
in
one
of
his
hands.
Moody
ndicated that
he
believed
that
Duenez
would
either
charge
him
with
the
knife
or 
throwthe
knife
at
him.
Moody 
ndicated that
he
was
fraid
for
his
safety
so
he
ired
on
Duenez
ntil
the 
threat
was
no 
longer
present. 
Moody
indicated
he
recalled
that
he
had 
received
training
that
a
suspect
with
a
knife
could
cover twenty
one 
feet
of
distance
in
three
seconds.
Officer
Moody
ndicated that
he
was 
ell
within
twenty
one
footof
Duenez.
In
-Dash Video
/Audio
Camera:
fficer
Moody's
marked 
patrol unit
hasan
in
-car
video
which
captured 
this
event.
The
video
data
captured 
by 
this 
recorder
was
ubmitted
to
Forensic
Video
Solutions
(FVS),an
internationally
recognized
forensic
videoexpert
/consultant. 
FVS 
as
pecifically
tasked 
with
determining 
the
actionsofboth
Officer
Moody
and
Ernest
Duenez
rior
to,
during, 
and
immediately
after
the 
shooting,
the 
timing
and
placement
of
ll
shots
ired,
and 
to track
location 
of
items
removed
from
Duenez.
That
analysis
was 
ompletedby
FVS 
n
November
26,
2012
and
their
report
was
rovided
to
the
Office
ofthe
District
Attorney.
The
eport
s
entitled 
"Critical
Incident/Protocol;
Shooting
Death 
of 
Ernest
Duenez,
r.
June
8,
2011, Manteca
Police
Department
11-
14975"and
is
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