WASHINGTON STATE PATROL INVESTIGATIVE SERVICES BUREAU

INVESTIGATIVE REPORT

RCW 9A.32.050

OTHER CASE NO.

FILE T[TLE

OFFICER'S

CASE NO.

Anthony Martinez

Detective Dan Presba

11-001238

CRIMINAL ACTIV[TY CODE

SUBJECT

Murder in the 2nd Degree

SYNOPSIS

On Sunday, January 23, 2011, at approximately 3:44 pm, Kitsap County Sheriff Deputies Andrew Ejde, John Stacy, and Krista McDonald were involved in a shooting at the Wal Mart in Kitsap County, nearPort Orchard, Washington. Th~ deputies responded to Wal Mart looking for Anthony Martinez and a young female, later identified as Astrid ValdiVIa that was accompanying Martinez. Deputies Ejde and Stacy contacted Martinez and Valdivia outside of Wal Mart while Deputy McDonald watched from a distance. Martinez fled as Deputies Ejde and Stacy pursued on foot. Martinez pulled out his concealed Glock AO caliber weapon and fired several rounds. Deputy Ejde was struck in the left shoulder and right arm, while Deputy Stacy was struck in the right shoulder. Deputy Krista McDonald returned fire, striking Martinez in the left leg. Martinez fell to the ground while Valdivia ran to his location. Martinez shot Valdivia twice, and then fatally shot himself Valdivia later died at Tacoma General Hospital. Deputies Ejde and Stacy received medical treatment at Tacoma General Hospital where they survived their injuries.

MARTINEZ mSTORY

On October 5,2010, 'Anthony Martinez was arrested in Sacramento, California for kidnapping Astrid Valdivia. Martinez was extradited back to Utah on October 26,2010. On November 5, 2010, Martinez posted bail and was released from jail and was served a no contact order protecting Astrid Valdivia or her family. Martinez was to appear in the Second District Court of Davis County, in the state of Utah, on Wednesday, January 26,2011.

On Wednesday, January 19,2011, Astrid Valdivia was reported missing from her foster parents and violating a court order by removing an ankle monitor. On Thursdav. Januarv ?O, 2011,

Martinez contacted an acquaintance, , in Port

Orchard, Washington where she her sister, said Martinez corresponded

with her through the internet Tuesday or Wednesday asking for her said when

. Martinez arrived he had a young female who he said was his daughter, .. ~

agreed to allow Martinez to use her name so he could have someone wire money to-him.'

._. said on Saturday, she drove Martinez and the young female to Seattle so Martinez

. could receive the money. .

DATE

OFFICER'S SIGNATURE

DATE

3-/Y-20 I

PAGE~1_0F_9_PAGES

WSP·ISB-268 8/85 428·

."

Anthony Martinez

Detective Dan Presba

11-001238

'_'said Martinez showed her a clip that was loaded with bullets and said he did not want to go anywhere he could be searched. __ was concerned about how Martinez was interacting with the young female and that the relationship was more than a father/daughter

relationship. On Sunday, January 23, 2011 called the Kitsap County Sheriff

Department and spoke to Deputy Stacy. told Deputy Stacy that Martinez and the

young female were at the Wal Mart in Port where she was suppose to meet them and go

to Tukwila.

TIMELINE

On Sunday, January 23, 2011

At 1 :05:52 pm, _ alled Cenffom requesting to speak to a deputy. Deputy Stacy calle~om his patrol vehicle where she told him that she was concerned about a possible sex offense in progress. __ said a friend she met a year ago, Anthony Martinez, was in town from Utah with a young female age 13-1) -- . told Deputy Stacy the details

from when Martinez arrived and what he was doing. .

At 2:51:02 pm, Deputy Stacy va.u"UJiI to W al Mart to meet

recalled CenCom requesting Deputy Stacy to call her. who told him that Martinez just called her and said he was going

At 3:00 pm, Martinez and Valdivia arrived and parked in the Wal Mart parking lot.

At 3:20 pm, Martinez and Valdivia exited the van and walked toward the main entrance.

At 3 :21 pm, Martinez and Valdivia entered Wal Mart.

At 3:27:42 pm, Deputy Stacy contacted Martinez's van informing CenCom the van was unoccupied.

At 3:36 pm, Martinez and Valdivia exited WaI Mart using the south door walking to the covered employee smoking break area on the south side of the building.

At 3:42:33 pm, Deputy Stacy parked his patrol vehicle to the south of Wal Mart next to the sidewalk, facing north.

At 3:42:41 pm, Deputy Ejde parked his patrol vehicle behind Deputy Stacy.

At 3:43:08 pm, Deputies Ejde and Stacy walked to the covered employee smoking break area where Martinez and Valdivia were located.

/

-2-

000002

Anthony Martinez

Detective Dan Presba

11-001238

At 3:43 :49 pm, Deputy McDonald parked her patrol vehicle south of Deputy Ejde on a side road, facing west.

At 3:44:17 pm, Martinez fled in a southwest direction as Deputies Ejde and Stacy chased on foot with Valdivia following.

At 3:44:19 pm, Martinez pulled a weapon from concealment, aimed and fired several shots at the deputies. Deputy Ejde was struck in the left shoulder and right ann, while Deputy Stacy was struck in the right shoulder causing both deputies to fall to the ground. Valdivia ran west then south towards the location of Martinez.

At 3:44:29 pm, Deputy McDonald returned fire at Martinez.

At 3:44:58 pm, Deputy McDonald advised CenCom she needed help.

At 3:45:04 pm, Deputy Mcfronald advised CenCom officer down.

At 3:45:07 pm, Deputy McDonald moved to the location of where Martinez and Valdivia were lying on the ground.

At 3:45:08 pm, Deputy McDonald advised CenCom shots fired.

At 3:49:05 pm, South Kitsap Fire and Rescue arrived on scene.

At 3:56:19 pm, South Kitsap Fire and Rescue transported Astrid Valdivia and Deputies Stacy and Ejde to Tacoma General HospitaL

-3-

000003

Anthony Martinez

Detective Dan Presba

SCENE DIAGRc\M

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000004

Anthony Martinez

Detective Dan Presba

11-001238

Liset Astrid Valdivia (deceased) 584 East 3735 south

South Salt Lake, UT 84106 D.O.B._(13 years old) Female, 5-1,130 pounds, brown eyes

SUSPECT

VICTIM

Anthony Allen Martinez (deceased) 4278 South 2350 West

Roy, UT 84067 D.O.B._(31 years old) Male, 5-10, 155 pounds, brown eyes

Anthonv Martinez and Astrid Valdivia

-5-

000005

Anthony Martinez

Detective Dan Presba

11-001238

DETAILS

On Sunday, January 23,2010, after 1:05

called and spoke to -g fom his patrol vehicle.

called CenCom; Deputy Stacy

him the following:

••• Irnet Martinez online about a year ago. Martinez is 30 years old and is from Ogden, Utah .... ' has spent time in Utah with Martinez. Martinez arrived in the Port Orchard area within the last couple of days accompanied by a voung girl. id not know the girl, but believed she was between 13 and 15 years old. tbought her name was Samantha.

said Martinez wanted to do something as long as there wasn't security- said

Martinez opened his jacket and she saw what she called a clip loaded with bullets. she did not see a gun and did not question him about it. _ said Martinez and the girl were acting like girlfriendlboyfriend._aid she heard from an acquaintance in Utah that

the girl was from Utah and her mother might be looking for her, aid she called the

Ogden Police Department and spoke to someone who told her that Martinez did not have any warrants, but had suspicions +hat he liked young girls. said Martinez was driving a blue van, possibly a Chrysler. ~aid there were no license plates, only a temporary paper registration in the back window with an expiration date of 01-21-2011.~aid Martinez and the girl were sleeping in the van at night, possibly at the Burger King on Sidney Road, McDonalds on Sedgwick Road, or the Wal Mart on Bethel Road.

After Deputy Stacy spoke to _. he informed CenCom and other south-end deputies to be on the lookout for the van which could be occupied by Martinez and the young girl. Deputy Stacy said .if observed, stop and identify the occupants. Deputy Stacy said Martinez may be armed.

At approximately 2:50 pm, Deputy Stacy received a call who said she just spoke to Martinez, who told her to meet him at the Wal Mart in about 20 minutes.~ told Deputy Stacy that Martinez was going to back his van into a parking space on ~outh end of the parking lot.

Deputy Stacy updated CenCom and requested additional assistance to contact Martinez.

At approximately 3:03 PIP, Deputy McDonald contacted Deputy Stacy at the north end of Wal Mart parking lot. A short time after, Deputy Ejde arrived to assist as welL

At 3 :27 pm, Deputy Stacy found Martinez's van backed into a parking space at the south end parking lot unoccupied. Deputy McDonald asked CenCom to check the VIN (Vehicle Identification Number).

-6-

000006

Anthony Martinez

Detective Dan Presba

11-001238

CenCom informed the deputies the van was registered to Anthony Martinez. Deputy Stacy noted the van had a temporary Utah registration in the back window and the expiration date was 01-21-2011, but someone had used a marker to change the date from 21 to 27.

Deputy Stacy calle~and told her he found the van unoccupied. _told Deputy Stacy that she iust received a call from Martinez who told her he was at Wal Mart. Deputy Stacy asked_ what Martinez and the girl were wearing._ said Martinez was wearing camouflaged pants and shirt with a white plaid overcoat and a stocking cap with a bill .

•••• said Martinez was slender and had a bald head. _ said the girl was, wearing a hoody and had short dark hair.

Deputy Stacy and Ejde decided to check inside Wal Mart. Deputy Stacy requested Deputy McDonald to watch the front of Wal Mart in case Martinez and the girl exited the store.

At 3:43 pm, Deputies Stacy and Ejde exited their patrol vehicles and walked towards Wal Mart. Deputy Stacy observed Martinez and the girl sitting on a bench in a covered employee smoking break area, on the south side ofWal Mart. Deputy Stacy and Ejde contacted Martinez and the girl. Deputy Stacy told Martinez he looked like someone he needed to speak to. Deputy Stacy asked Martinez if he was Anthony Martinez. Martinez said no, his name was Nick. Deputy Stacy asked to see some identification. Martinez handed Deputy Stacy a food handler's card with a photograph that did not look like Martinez. Deputy Stacy told Martinez the photo did not look like him and asked if he had any other identification. Martinez told Deputy Stacy he did not have any other identification. Deputy Stacy asked Martinez to remove his hat which he did, revealing a bald head. Deputy Stacy asked Martinez to stand and move away from the covered area so he could pat him down for weapons. Deputy Stacy asked Martinez if he had any weapons. Martinez answered no. Deputy Stacy asked Martinez to tum around and put his hands straight out. Martinez began to tum around, but hesitated and started backing away. Deputy Stacy reached out to grab Martinez by the left wrist, but Martinez pulled away and began to run west toward the parking lot. Deputy Stacy lunged to tackle Martinez; however, he missed and fell to the ground.

Deputy Ejde chased after Martinez while Deputy Stacy and the girl followed behind. Martinez pulled out his concealed Glock .40 caliber weapon and fired several rounds. Deputy Ejde was struck in the left shoulder and right arm, while Deputy Stacy was struck in the right shoulder.

Deputy McDonald returned fire, striking Martinez in the left leg. Martinez fell to the ground . while Valdivia ran to his location. Martinez shot Valdivia twice, and then shot himself.

-7-

000007

Anthony Martinez

Detective Dan Presba

11-001238

INVESTIGATION

South Kitsap Fire and Rescue responded to the scene for medical treatment.· Martinez was pronounced dead at the scene while Valdivia, Stacy and Ejde were treated and transported to Tacoma General Hospital.

Law enforcement officers from Kitsap County Sheriff, Port Orchard Police, Washington State Patrol, Federal Bureau of Investigation and Alcohol Tobacco and Firearms responded to assist. Kitsap County Sheriff Steve Boyer requested the Washington State Patrol investigate the shooting as the lead agency. Detectives from the Washington State Patrol Criminal Investigation Division were asked to respond.

Washington State Patrol Detective Sergeant John Huntington, Detectives Dan Presba, Joi Haner and Dave Killeen arrived on scene.

Evidence

Martinez's weapon was a Glock model 22 (serial #GCYI63), .40 caliber semi-automatic. Martinez's magazine capacity was 15

Martinez shot 12 times; twice striking Ejde, once striking Stacy and twice striking Valdivia. 12 cartridge casings were recovered that matched Martinez ammunition.

Martinez's weapon had 2 rounds in the magazine and one round in the chamber

Martinez's ammunition was Winchester .40 S&W caliber hollow point, 180 grain

Mcfxinald's weapon was a Glock, model 23 (serial #BWU336US), .40 caliber semi-automatic. McDonald's magazine capacity was 13

McDonald shot 7 times; once striking Martinez. 7 cartridge casings were recovered that matched McDonald's ammunition

McDonald's weapon had 6 rounds in the magazine and one round in the chamber McDonald's ammunition was Federal .40 caliber hydra-shok, hollow point, 155 grain

Washington State Patrol Forensic Scientist Johan Schoeman reported the following conclusions:

The bullet removed from Martinez was determined to have been fired from Martinez's weapon. The bullet removed from Valdivia exhibited the same class characteristics with few microscopic similarities to the test fires from Martinez's weapon, but due to the poor reproducibility of the polygonal rifling, it could not conclusively be identified or eliminated as having been fired from Martinez's weapon.

The bullets removed from Martinez and Valdivia were determined to be most consistent in weight and design to the ammunition that Martinez was using. The bullets did not come from Deputy McDonald's weapon.

-8-

000008

Anthony Martinez

Detective Dan Presba

11-001238

The bullet holes on the front of Valdivia's shirt were microscopically examined and chemically processed for gunshot residues, and patterns of residue were found. Test fires from Martinez's weapon reproduced the same patterns of residue at a distance greater than one foot, but less than

. three feet.

McDonald was approximately 100 feet from Martinez when firing four rounds, one striking Martinez in the left leg which caused Martinez to fall to the ground. Valdivia was not in McDonald's line of fire. McDonald was approximately 60 feet from Martinez when firing three rounds as Valdivia entered McDonald's line of fire; however, no rounds struck Martinez or Valdivia.

FBI Agents Pat Gahan and Ted Halla obtained video coverage of the shooting from Wal Mart's exterior cameras as well as interior video coverage when Martinez and Valdivia were inside prior to the shooting. The exterior video shows Martinez miming from Deputy Ejde who was behind Martinez with Valdivia and Deputy Stacy following. The video shows Martinez pulling a concealed weapon from his waist, then pointing the gun at the deputies and firing several shots. The video shows Deputies Ejde and Stacyreacting to getting shot and falling to the ground. The video shows Martinez continuing to run away with Valdivia running in the direction of Martinez. The video shows Deputy McDonald returning fire at Martinez and Martinez getting struck and falling to the ground. The video shows Martinez shooting Valdivia and then shooting himself.

Martinez's laptop computer, two cell phones, and Valdivia's cell phone were examined and found to have information that associated them in a close relationship with photographs and texting.

CONCLUSION

On Sunday, January 23,2011, at approximately 3:44 pm, Anthony Martinez assaulted Kitsap County Sheriff Deputies Jolin Stacy arid Andrew. Ejde by shooting them with a firearm. Martinez then murdered Astrid Valdivia by shooting her twice in the chest at close range with a firearm. Martinez then fatally shot himself in the chest with his weapon.

I certify (declare) under the penalty of perjury under the laws of the state of Washington that the attached report is true, correct and accurate. (ReW 9A.72.085) This report consists of9 pages.

Kitsap County

Date 3-/11-2011

-9-

000009

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CRIME LABORATORY REPORT

AGENCY: Washington State Patrol- Bremerton AGENCY REP.: David Killeen; Dan Presba

VICTIM: Valdivia, Astrid

SUSPECT: Martinez, Anthony A.

LABORATORY NO.: 311-000100 AGENCY NO.: 11001238 REQUEST NO.: 0001, 0003

Evidence:

Item 802387: One Glock Model 22 .40 S&W caliber semiautomatic pistol, serial number GCY163. Item 802388: One magazine associated with Item 802387.

Three unfired 'WINCHESTER" AD S&W caliber cartridges.

Item 802389: Seven fired "FEDERAL" AO S&W caliber cartridge cases.

Item 802390: Twelve fired "WINCHESTER" AD S&W caliber cartridge cases. Item 802391: One fired bullet jacket with an apparent lead fragment.

Item 802392: One magazine associated with Item 802387.

Ten unfired "WINCHESTER" .40 S&W caliber cartridges.

Item B02393: One magazine associated with Item 802387.

Ten unfired "WINCHESTER" .40 S&W caliber cartridges.

Item 802394: One magazine associated with Item 802387.

Ten unfired "WINCHESTER" AO S&W caliber cartridges.

Item 802397: One Glock Model 23 AD S&W caliber semiautomatic pistol, serial number BWU336US. Item 802398: One magazine associated with Item 802397.

Seven unfired "FEDERAL" AD S&W caliber cartridges.

Item 802400: Two magazines associated with Item 802397.

Thirty unfired "FEDERAL" .40 S&W caliber cartridges.

Item 802406: One fired bullet jacket fragment with an apparent lead fragment. Item 802408: One fired bullet.

Item 802409: One fired bullet.

Item 802418: One fired bullet.

Item 802419: One "WiNCHESTER ammunition box containing fifty unfired "WINCHESTER" .40 S&W caliber cartridges.

Item 802420: One "WINCHESTER ammunition box containing fifty unfired "WINCHESTER" 040 S&W caliber cartridges.

Item 802426: One Heckler & Koch Model USP AO SSW caliber semiautomatic pistol, serial number 22-071749.

Item 802427: One magazine associated with Item 802426.

Thirteen unfired "FEDERAL" AO SSW caliber cartridges.

Item 802430: Two magazines associated with Item 802426.

Twenty-six unfired "FEDERAL" 040 S&W caliber cartridges.

Item 802428: One Smith & Wesson Model 638-3 .38 Special +P caliber revolver, serial number CHH1813.

Item 802429: Five unfired "FEDERAL" .38 Special caliber cartridges.

Item 802431: One Heckler & Koch Model USP .40 S&W caliber semiautomatic pistol, serial number 22-083578.

Item 802432: One magazine associated with Item 802431.

Thirteen unfired "FEDERAL" AD S&W caliber cartridges.

Item 802433: Two magazines associated with Item 802431.

Twenty-two unfired "FEDERAL" .40 S&W caliber cartridges.

Johan E. Sbhoeman, Forensic Scientist

Date

000010

"..~

Page _1_ of .s. jes

AGENCY: Washington State Patrol - Bremerton AGENCY REP.: David Killeen; Dan Presba

VICTIM: Valdivia, Astrid

SUSPECT: Martinez, Anthony A.

LABORATORY NO.: 311-000100 AGENCY NO.: 11001238 REQUEST NO.: 0001, 0003

Evidence (cont.):

Item 802468: One fired bullet.

Item 802469: One back panel of an "ARMOR EXPRESS" bullet proof vest. Item 802470: One front panel of an "ARMOR EXPRESS" bullet proof vest. Item 802480: One grey "HANG TEN" hooded sweatshirt.

Item 802481: One black "AUTHENTIC PREMIUM GOODS" T-shirt . . Item 802482: One blue "RIDERS BY LEE" women's denim pants. Item 802489: One white "SHAKA ACTIVE" T-shirt.

Item 802490: One black "SHAKA ACTIVE" T-shirt.

Item 802491: One green hooded sweatshirt.

Item 802492: One green camouflage jacket.

Item 802493: One black & white hooded jacket.

The following ammunition was used for testing purposes during this examination and will be returned with the evidence:

• Three "WINCHESTER" .40 S&W caliber cartridges submitted as Item 802388.

• One ''WINCHESTER'' .40 S&W caliber cartridge submitted as Item B02392.

• Four "FEDERAL" .40 S&W caliber cartridges submitted as Item 802398.

• Fourteen "WINCHESTER" .40 S&W caliber cartridges submitted as Item B02420. These cartridges were used for distance determination tests and only the test fired cartridge cases will be returned.

Examination Results:

The Glock Model 22 .40 S&W caliber semiautomatic pistol, serial number GCY163, was' test fired with the magazine submitted as Item B02388 and found to be operable. The trigger pull was determined to be approximately 6 y.. to 6 y" pounds. The test fired cartridge cases from this pistol will be entered into the WSP NIBIN database. Any association to other cases may be the subject of a future report.

The Glock Model 23 .40 S&W caliber semiautomatic pistol, serial number SWU336US, was test fired with the magazine submitted as Item 802398 and found to be operable. The trigger pull was determined to be approximately 6 to 6 y.. pounds. The test fired cartridge cases from this pistol will be entered into the WSP NISIN database. Any association to other cases may be the subject of a future report.

The Heckler & Koch Model USP .40 S&W caliber semiautomatic pistol, serial number 22-071749, was test fired with the magazine submitted as Item B02427 and found to be operable. The trigger pull was determined to be approximately 5 pounds single action and approximately 12 pounds double action. The test fired cartridge cases from this pistol will be entered into the WSPNISIN database. Any association to other cases may be the subject of a future report.

The Smith & Wesson Model 638-3 .38 Special +P caliber revolver, serial number CHH1813, was test fired and found to be operable. The trigger pull was determined to be approximately 3 pounds single action and approximately 11 % pounds double action. The test fired cartridge cases from this revolver will not be entered into the WSP NIBIN database. Revolvers are not routinely entered into the database.

The Heckler & Koch Model USP .40 S&W caliber semiautomatic pistol, serial number 22-083578, was test fired with the magazine submitted as Item 802432 and found to be operable. The trigger pull was determined to be approximately 4 % pounds single action and approximately 10 % pounds double action. The test fired cartridge cases from this pistol will be entered into the WSP NISIN database. Any association to other cases may be the subject of a future report.

02...\2.~ \\

Date

000011

Page _.2_ of _§_ jes

AGENCY: Washington State Patrol- Bremerton AGENCY REP.: David Killeen; Dan Presba

VICTIM: Valdivia, Astrid

SUSPECT: Martinez, Anthony A.

LABORATORY NO.: 311-000100 AGENCY NO.: 11001238 REQUEST NO.: 0001,0003

Examination Results (cont.):

The seven fired cartridge cases submitted as Item 802389 and the twelve fired cartridge cases submitted as Item 802390 were microscopically compared to the test fires from the Glock Model 23 AO saw caliber semiautomatic pistol, serial number BWU336US and to the test fires from the Glock Model 22 .40 S&W caliber semiautomatic pistol, serial number GCY163, with the following results:

• The seven fired cartridge cases submitted as Item 802389 were determined to have been fired in the Glock Model 23 .40 S&W caliber semiautomatic pistol, serial number 8WU336US.

• The twelve fired cartridge cases submitted as Item B02390 were determined to have been fired in the Glock Model 22 .40 S&W caliber semiautomatic pistol, serial number GCY163.

The fired bullets and the fired bullet jacket submitted as Items B02391, 802408, 802409, 802418 and 802468 were examined and determined to be of .40/10mm caliber exhibiting the general pOlygonal rifling characteristics of six lands and grooves with' a right hand twist. These bullets were microscopically compared to the test fires from the Glock Model 22 .40 S&W caliber semiautomatic pistol, serial number GCY163 and the Glock Model 23 .40 S&W caliber semiautomatic pistol, serial number 8WU336US with the following results:

• The bullet submitted as Item 802408 was determined to have been fired from the Glock Model 22 .40 S&W caliber semiautomatic pistol, serial number GCY163.

• The fired bullets and bullet jacket submitted as Items 802391, 802418 and 802468 exhibited the same class characteristics with a few microscopic similarities to the test fires from the Glock Model 22 .40 S&W caliber semiautomatic pistol, serial number GCY163, but due to the poor reproducibility of the polygonal rifling they could not conclusively be identified or eliminated as having been fired from this pistol.

• The fired bullet submitted as Item 802409 exhibited the same class characteristics to the test fires from the Glock Model 22 .40 S&W caliber semiautomatic pistol, serial number GCY163 and the Glock Model 23 .40 S&W caliber semiautomatic pistol, serial number BWU336US, but due to the poor reproducibility of the polygonal rifling it could not conclusively be identified or eliminated as having been fired from these pistols.

• The bullet submitted as Item 802409 was tarnished and did not appear to have been recently fired.

The fired bullets and the fired bullet jacket submitted as Items B02391, 802408, 802418 and 802468 were examined and determined to be most consistent in weight and design to the unfired "WINCHESTER" .40 S&W caliber hollow point ammunition reportedly associated with the suspect's Glock Model 22 .40 S&W caliber semiautomatic pistol, serial number GCY163.

The fired apparent lead fragments and bullet jacket fragment submitted as Items 802391 and 802406

did not exhibit any markings useful for caliber determination ormicroscopic comparison purposes. .

The black T-shirt and grey hooded sweatshirt from the deceased female submitted as Items 802480 and 802481 were examined and it appeared that the black T-shirt was worn over the grey hooded sweatshirt. These two Items were examined and the following defects were noted:

• The black T-shirt submitted as Item 802481 exhibited two defects on the front chest area. The left back area also exhibited two defects of which one corresponded with one of the defects on the front chest area. The other defect on the left back area appeared not to be consistent with the passage of a bullet.

Date

000012

Page __L of _§__ jes

AGENCY: Washington State Patrol- Bremerton AGENCY REP.: David Killeen; Dan Presba

VICTIM: Valdivia, Astrid

SUSPECT: Martinez, Anthony A.

LABORATORY NO.: 311-000100 AGENCY NO.: 11001238 REQUEST NO.: 0001, 0003

Examination Results (cont.):

• The grey hooded sweatshirt submitted as Item B02480 exhibited a defect on the front chest area as well as a defect on the left back area. These two defects corresponded with one of the defects on the front chest area of the black T-shirt as well as the defect on the left back area of the T-shirt.

The defects on the front chest area of the black T-shirt submitted as Item 802481 were microscopically examined and chemically processed for gunshot residues, and patterns of residua were found. Using the Glock Model 22 AO S&W caliber semiautomatic pistoi, serial number GCY163 and some of the "WINCHESTER" cartridges submitted as .Item B02420, these patterns of residue were reproduced at a distance greater that one foot but less than three feet.

The blue denim pants submitted as Item B02482 were examined but no defects consistent with that of a gunshot were found.

The clothing from the deceased male submitted as Items 802489 through 802493 was examined and it was reported that they were worn in the following order:

• White T-shirt, Item 802489.

• 81ack T-shirt, Item 802490.

• Green hooded sweatshirt, Item 802491.

• Green camouflage jacket, Item 802492.

• Black & white hooded jacket, Item 802493.

The clothing submitted as Items 802489 through 802493 was examined and the following defects were noted:

• The white T-shirt submitted as Item 802489 exhibited a defect on the front chest area with a corresponding defect on the back area of the T-shirt.

• The black T-shirt submitted as Item 802490 exhibited a defect on the front chest area with a corresponding defect on the back area of the T-shirt.

• The green hooded sweatshirt submitted as Item 802491 exhibited a defect on the front chest area with a corresponding defect on the back area of the sweatshirt.

• The green camouflage jacket submitted as Item B02492 exhibited two defects on the front chest area with a corresponding defect on the back area of the jacket. The two defects on the front chest area of the jacket corresponded with each other. It appears that the jacket was buttoned up.

• The black & white hooded jacket submitted as Item 802493 which consisted of two layers of material exhibited a defect on the back area of the jacket. No defect was found on the front chest area of the jacket.

The area around the defects in the chest area of the camouflage jacket submitted as Item 802492 were microscopically examined and chemically processed for gunshot residues. Residues and physical effects

consistent with a contact shot were found. .

The front and back panels of the bullet proof vest submitted as Items 802469 and B02470 were examined with the following results:

• No defects were noted on the front panel of the bullet proof vest submitted as Item B02470.

Date

000013

Page _1_ of _Q_ jes

AGENCY: Washington State Patrol - Bremerton AGENCY REP.: David Killeen; Dan Presba

VICTIM: Valdivia, Astrid

SUSPECT: Martinez, Anthony A.

LABORATORY NO.: 311-000100 AGENCY NO.: 11001238 REQUEST NO.: 0001, 0003

Examination Results (cont.):

• The back panel of the bullet proof vest submitted as Item B02469 exhibited a defect on the inside of the right shoulder area. This defect was microscopically examined and chemically processed for gunshot residue, and none were found.

This report may contain the analyst's opinion{s) and interpretation(s).

Date

000014

Page _Q_ of _§_ jes

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