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HomeMy WebLinkAbout2009_09_10_09_In custody Death Review Board BAKERSFIELD POLICE DEPARTMENT PRESS RELEASE William Rector, Chief of Police ________________________________________________________________________ Contact: Detective Mary DeGeare Public Information Officer 661-326-3803 mdegeare@Bakersfieldpd.us For Immediate Release 9/11/2009 On 9/10/09, the Bakersfield Police Department Critical Incident Review Board met and reviewed the facts and circumstances of the in custody death of Rodolfo Lepe on 1/11/09. The review board concluded that all the actions by the involved officers during the incident were within Department Policy and within State and Federal guidelines. The review board consisted of Assistant Chief of Police Bryan Lynn, Assistant Chief of Police Lyle Martin, Captain Kevin Stokes, Captain Robert Bivens, and Captain Joe Bianco. This case was also reviewed by the Kern County District Attorney’s Office which determined there were no unlawful actions on behalf of the involved officers. Original Release January 11, 2009 On 1/11/09, at approximately 4:00 p.m. Bakersfield Police responded to a residence in the 4000 block of Maize Court regarding a family disturbance. The reporting party told officers that her brother, who resided next door to her, had been exhibiting bizarre behavior and acting paranoid. When officers arrived they actually saw the subject run into his residence. She said that she was concerned for her safety and the safety of her family. Officers knocked on the door but received no response. The reporting party asked officers to enter the residence to check her brother’s welfare and provided them a key to the residence. Officers located the subject barricaded inside a bedroom closet where he refused to come out. As officers attempted to open the closet doors, the subject became combative and forcibly tried to keep the doors closed. Once the doors were opened he began making incoherent statements and threatened to kill the officers Officers twice deployed a Taser but this was ineffective because the subject pulled the darts out of his skin both times. When the officers attempted to physically take him into custody, he immediately began fighting with them. The subject struck and bit an officer. He grabbed another officer’s holstered firearm. There was a several minutes long struggle with him before additional officers arrived and he was subdued and taken into custody. The officers then saw that he was not breathing and immediately began providing medical aid, including CPR, and called for an ambulance. The subject was transported by ambulance to Mercy Hospital where he died. The identity of the subject will be released by the Kern County Coroner’s Office. The officer who was struck and bit sustained minor injuries and was treated at a local hospital and released. An investigation into the death of the subject is ongoing. The Bakersfield Police Department is also conducting an administrative investigation into the incident. Anyone with information on the incident is asked to call Bakersfield Police at 661-327-7111. Release June 25, 2009 For Immediate Release Thursday, June 25, 2009 There will be a press conference today at 11:00 a.m., in the Chiefs Conference room at the Bakersfield Police Department regarding the in custody death of RODOLFO LEPE which occurred on 1/11/09. The following information is the result of an investigation conducted by the Bakersfield Police Department into the death of Rodolfo Lepe, 31, of Bakersfield, on January 11, 2009. On January 8th, a relative of Rodolfo Lepe called Bakersfield police to her home because she had seen Rodolfo Lepe chasing her dog with a shovel. Rodolfo Lepe displayed a blank stare and repeated, “He’s dead, he’s dead.” The officers tried to make contact with Rodolfo Lepe, but he hid in his house and would not respond. The officers left without making contact. On January 11th, the same relative noticed Rodolfo Lepe walking around outside her home. This scared her because Rodolfo Lepe rarely left his residence. She was also familiar with Lepe’s history of mental illness and crimes of violence. She sent her sister and her children into the bathroom to hide and watched as Rodolfo Lepe walked up and down the street, acting in a bizarre fashion. Rodolfo Lepe was talking to himself and jumping as if he was being startled. At one point, she saw Rodolfo Lepe walking toward an older woman who was walking to her mailbox. The relative was frightened for the older woman and called the Bakersfield Police Department about 4:00 PM to report Rodolfo Lepe’s behavior. Officers responded and spoke to the relative, who told them about Rodolfo Lepe’s history and behavior. She told the officers she believed Rodolfo Lepe was both suicidal and homicidal. The officers requested additional officers to assist and called for an evaluator from Kern County Mental Health’s MET team. The officers heard a series of very loud banging noises from inside Rodolfo Lepe’s house. The officers entered Rodolfo Lepe’s house to check his welfare. The officers found Rodolfo Lepe hiding in a closet. The officers identified themselves upon contact with Rodolfo Lepe and ordered him to cooperate but he refused to do so. The officers tried to force their way into the closet where Lepe was hiding but he fought violently. Lepe growled at the officers, threatened to kill them, and said, “You don’t exist.” Officers tried more than once to use Tasers to subdue Lepe but he pulled the darts from his body and continued to fight. A lengthy fight ensued during which Lepe struck officers, causing injury to two of them, and dragged them to the ground. Lepe also grabbed at an officer’s pistol and tried to pull an activated Taser from an officer’s hand. Officers called for additional help. The officers struck Lepe several times in response to his attempts to grab their weapons and bite and kick them. The officers were eventually able to handcuff Rodolfo Lepe and apply a strap to restrain his legs. They informed the police dispatcher that the suspect was in custody and requested medical aid. As the officers awaited medical aid, one of the officers noticed Lepe had stopped breathing and was unresponsive. The officers began CPR and continued until the arrival of emergency medical services. Lepe was transported to a local hospital, where he was declared dead. The involved officers suffered bruises, swelling, and facial injuries. At the direction of Chief of Police Bill Rector, the Bakersfield Police Department Investigations Division and Internal Affairs detail conducted detailed investigations into Lepe’s death. The investigations included a detailed examination of the incident scene and of the Tasers and other equipment used by the officers that day, as well as recorded interviews with Lepe’s family and neighbors and the involved officers. The investigation has recently concluded with the issuance of the report of the Kern County Coroner. The Bakersfield Police Department is committed to providing the community we serve with an open, thorough, and fair investigation of this very serious matter. All of the investigative reports and information will be reviewed by a Critical Incident Review Board composed of department command staff. In addition, all reports and information will be forwarded to the Kern County District Attorney’s Office for independent review. The involved officers are identified as: Officer Brian Holcombe Officer David Brooks Officer Jess Beagley Officer Raelynn Aguayo Officer Gilbert Rodriguez Officer Adam Ketchum ####