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Digital Evidence Report

Decent Essays

Digital Evidence:

Body worn video: Yes
Audio Recording: No
Digital photographs: No

Investigation:

On Friday, 12/25/2015, Cpl. T. Jones and I were working uniformed patrol in a marked black and white police vehicle. At approximately 1340 hours, we responded to a domestic violence call, located at 2040 S. Bon View Ave. While on our way to the location of the call, the dispatcher said a subject threw the reporting party, Erika Alvarez, down the stairs. Upon arrival, I saw several OPD officers attempting to gain access into the residence. The front gate to the residence was locked and the front door, which was located approximately 7 feet behind the locked gate, was open. OPD officers were talking to two subjects, Erika Alvarez and Gabriel …show more content…

Alvarez said the argument was over she not being able to find the key to her vehicle and not wanting to take Hernandez to a park. Alvarez said Hernandez kept arguing and started to walk down the stairs. When she tried to pass him on the right side, walking down the stairs. Alvarez said Hernandez elbowed her on the left side of her back. As a result, she lost her balance and almost fell to the ground. Alvarez said she had to hold on to the wall, located down the stairs, to prevent her from falling. Alvarez did not have any visible injuries and did not complain of pain. Alvarez said she has an active (Expiration of restraining order: 03/28/2017) restraining order against Hernandez. The restraining order mandates Hernandez to stay 100 yards away from Hernandez. I asked Alvarez why Hernandez was staying at her residence. Alvarez said she felt sorry for him, and let him stay in her residence for the last two days. Alvarez said she would not let Hernandez to come back to the residence because he has not changed his behavior. Alvarez said Hernandez was calling her names such as, “Bitch, whore, and skunk.” Alvarez said she and Hernandez have been boyfriend and girlfriend for approximately 2 years and they do not have any children. I asked Alvarez if anyone was inside her residence at the time of altercation. Alvarez said the only person present was her nephew, Moses …show more content…

Acevedo said he was sleeping in his room. He said his room is located on the second floor of the residence. Acevedo said he woke up to a noise, which was similar to someone falling down the stairs. Acevedo said he came out of his room and saw Alvarez and Hernandez arguing over a lost car key. Acevedo also said the argument was over Alvarez not wanting to take Hernandez to a park. Acevedo did not see Hernandez hit Alvarez. At OPD, I read Hernandez his Miranda rights, from my department issued Miranda card. He answered, “Yes,” to all four questions, indicating he understood his rights. Hernandez said, “There is nothing to talk about.” I did not interview Hernandez because did not want to talk to

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