I N T E R O F F I C E M E M O R A N D UM

Transcription

1 I N T E R O F F I C E M E M O R A N D UM DATE: September 5, 2016 PHONE: FROM: TO: Michael P. Dowd Supervising Deputy District Attorney Victorville Office Julie Peterson Chief Deputy District Attorney Desert Division Gary S. Roth Assistant District Attorney CLARK SUBJECT: OFFICER INVOLVED FATAL SHOOTING Involved Parties: Deputy Kyle Woods, San Bernardino County Sheriff s Department Suspect: Date of Incident: Location: Case Agent: Investigating Agency: Nathaniel Pickett, DOB 7/3/86, Barstow Resident November 19, 2015, 2117 Hours El Rancho Motel, 112 E. Main Street, Barstow, CA Detective Keith Libby, Barstow Police Department Barstow Police Department Barstow Police Department case number: CR# DA Star Number

2 PREAMBLE The summary of this incident is drawn from material submitted by the Barstow Police Department as well as material furnished to the District Attorney s Office by the family of Nathaniel Pickett. The case agent is Detective Keith Libby. The submission contains various narrative reports that include interviews of deputies and civilians, call histories, crime scene description and diagrams, photographs, motel video surveillance footage, video recordings, audio recordings, evidence reports, belt recordings, autopsy findings, toxicology reports, Barstow Fire Department reports, medical records, records from the motel and court records of the deceased subject s criminal history. 2

3 TABLE OF CONTENTS FACTUAL SUMMARY. 5 INTERVIEWS 7 Interview of Deputy Kyle Woods Interview of WITNESS # Interview of WITNESS # Interviews of WITNESS # Interviews of WITNESS # Interviews of WITNESS # Interviews of WITNESS # Interview of WITNESS # Interview of Deputy Tommy Dickey.. 17 Interview of Detective Mark Rios Interview of Detective James Williams.. 19 Interview of Deputy David Johnson 19 AUDIO BELT RECORDINGS OF DEPUTIES Belt Recording of Deputy Kyle Woods. 20 Belt Recording of Deputy Tommy Dickey 23 VIDEO SURVEILLANCE CAMERAS FROM THE EL RANCHO MOTEL.. 23 Camera #1. 23 Camera # Camera # Camera #

4 EVIDENCE COLLECTED AT SCENE.. 26 COLLECTION OF FIREARM OF DEPUTY KYLE WOODS. 27 MEDICAL RECORDS OF DEPUTY KYLE WOODS. 27 DEPUTY CORONER S REPORT AUTOPSY PROTOCOL TOXICOLOGY REPORT.. 29 AUTOPSY REPORT OF DR. HOWARD W. OLIVER.. 29 BARSTOW FIRE DEPARTMENT REPORT.. 30 EL RANCHO/NATHANIEL PICKETT RENTAL AGREEMENT 31 NATHANIEL PICKETT S CRIMINAL HISTORY. 31 THEORY OF SHOOTING AS PROPOSED BY ATTORNEY OF NATHANIEL PICKETT S FAMILY STATEMENT OF APPLICABLE LAW. 33 ANALYSIS 36 CONCLUSION. 40 4

5 FACTUAL SUMMARY On November 19, 2015 at 9:00 p.m., Nathaniel Pickett, aka Tony Johnson, was walking on the sidewalk in front of the El Rancho Motel in Barstow, California. The vehicle access gate was closed, though unlocked and a no trespassing sign was on the gate. As Deputy Woods, accompanied by a civilian ride-along, drove by in a marked Sheriff s patrol unit, Pickett jumped the fence and entered the property of the El Rancho Motel. Deputy Woods then traveled to 1 st Street and made a U-turn and came back to the El Rancho Motel. Deputy Woods stopped his patrol unit in front of the gate of the El Rancho Motel on Main Street. Deputy Woods, suspecting that Pickett was trespassing, then exited his unit and hopped over the fence of the El Rancho Motel. Deputy Woods walked after Pickett and called out to speak to him to ascertain what he was doing on the property. Contact was made with Nathaniel Pickett near the northeast corner of the building which contained the office of the El Rancho Motel. During the contact, Pickett displayed symptoms of being under the influence. Pickett had, in fact, previously used marijuana. During the contact, Pickett was asked where he lived and for his name. Pickett told Deputy Woods that he did not know where he lived and when asked to confirm the spelling of his last name gave a false name. Based on Pickett s conduct and statements, Deputy Woods believed that Pickett was in violation of Penal Code section 602 Trespassing; Penal Code section Giving a False Name to a Police Officer and Health and Safety Code section 11550(a) Under the Influence of a Controlled Substance. Deputy Woods was unaware that Pickett had an outstanding arrest warrant under his true name in the amount of $25,000. Deputy Woods was likewise unaware that Pickett had two prior convictions for Penal Code section 69 Resisting an Officer by Force or Violence. At this time, Deputy Woods told Pickett to turn around in order to be handcuffed. Pickett then ran from Deputy Woods. Deputy Woods immediately ran after Pickett. While running, Pickett fell to the ground and Deputy Woods took out his taser. Pickett started moving away from Deputy Woods and Deputy Woods then put his taser back in its holster and attempted to handcuff Pickett. Pickett struggled with Deputy Woods. Deputy Woods then struck Pickett with his right fist in the head and upper body area in order to get his compliance but with no effect. Pickett continued to struggle with Deputy Woods and eventually got on top of Deputy Woods. When Pickett got on top of Deputy Woods, he struck Deputy Woods in the face. This caused Deputy Woods to suffer a fractured nose. Due to the fact that Deputy Woods was now lying on the ground, as Pickett hit him in the face, the back of Deputy Woods head was hitting the concrete. Deputy Woods then felt dizzy and feared that he would pass out. Deputy Woods told Pickett to stop three or four times. Deputy Woods was in fear for his life. Deputy Woods reached for his gun and told Pickett to stop or he would shoot him. Pickett then put his hand on the slide of the gun and Deputy Woods felt a 5

6 pulling on his gun. Believing Pickett was overpowering him and was about to take control of his gun and shoot Deputy Woods, Deputy Woods fired one shot and then fired another, killing Pickett. 6

7 INTERVIEWS INTERVIEW OF DEPUTY KYLE WOODS Deputy Woods was interviewed by Detective Keith Libby on December 17, On November 19, 2015 at 9:00 p.m., Deputy Woods picked up Citizen on Patrol Bill Kelsey at the San Bernardino County Sheriff s station in Barstow. Deputy Woods and Kelsey then proceeded down the street and made a turn on Main Street. While proceeding down Main Street, Deputy Woods saw a person, later identified as Nathaniel Pickett, walking on the sidewalk on the south side of the street. Deputy Woods then witnessed Pickett hop over the fence of the El Rancho Motel. Deputy Woods then traveled to 1 st Street and made a U-turn and came back to the El Rancho Motel. Deputy Woods stopped his patrol unit in front of the gate of the El Rancho Motel on Main Street. Deputy Woods then exited his unit and hopped over the fence of the El Rancho Motel. His reason for doing this was to contact Pickett to ascertain whether he was a resident of the El Rancho Motel or whether he was, in fact, trespassing on the premises. Deputy Woods walked after Pickett and called out to speak to him. Contact was made with Nathaniel Pickett near the northeast corner of the building which contained the office of the El Rancho Motel. As Deputy Woods began to speak with Pickett, he noticed that Pickett was very fidgety and could not stand still. Deputy Woods thought that Pickett might be under the influence of a controlled substance. Nathaniel Pickett asked Deputy Woods if he did anything wrong. At this time, in order to make Pickett feel more comfortable, Deputy Woods stated that no he had not, but that he just wanted to talk to him. Pickett continued to pace back and forth as Deputy Woods spoke to him. Deputy Woods asked Pickett for his name and Pickett told him Nate Pigget. Deputy Woods confirmed the spelling of the name with Pickett. Deputy Woods also asked Pickett for his date of birth and Pickett gave it to Deputy Woods. In response to being given the name and date of birth, Deputy Woods requested that San Bernardino County Sheriff s Dispatch run the name and date of birth. While this was being done, Deputy Woods asked Pickett if he had ever been arrested. Pickett said that he had but could not remember how long ago. Deputy Woods then asked Pickett if he lived at the El Rancho Motel and Pickett said that he did not know. Deputy Woods then asked Pickett if he lived in Barstow and Picket said yes. While waiting for dispatch, Deputy Woods continued to speak to Pickett. Deputy Woods asked Pickett how long he lived in Barstow and Pickett said he did not know. Deputy Woods then asked Pickett if he had any identification on him and Pickett said no. The deputy then asked Pickett if he had anything on him with his name on it and Pickett said no. While asking Pickett these questions, Pickett answered all of these questions immediately. This changed when Deputy Woods asked Pickett if he had, in fact, 7

8 hopped the fence into the El Rancho Motel. Pickett only answered this question after hesitating for several seconds. Pickett eventually answered no. At this time, Deputy Woods was advised by dispatch that it could find no match for the name and date of birth that had been given by Pickett. Deputy Woods then asked Pickett again if he had been arrested and Pickett said yes. Deputy Woods then told Pickett that if he had been arrested then his name and date of birth should be in the system. Pickett repeatedly asked Deputy Woods if he had done anything wrong and Deputy Woods continually responded by telling him no that he just wanted to talk to him and verify who he was. Deputy Woods did this in order to make Pickett feel more at ease during this encounter. While Deputy Woods was speaking with Pickett, Pickett would keep walking along the breezeway in front of the rooms at the El Rancho Motel. Deputy Woods continued to follow Pickett as he was walking. Deputy Woods then asked Pickett about the spelling of his name and confirmed the spelling of his name along with the date of birth. Deputy Woods believed Pickett had given him a false name, was under the influence of a controlled substance and was possibly trespassing. At this time, Deputy Woods told Pickett to turn around. Pickett did not do this at first, but instead put out his hands and moved away from Deputy Woods. Pickett put his hands straight out in front of him and not up in the air. When Pickett put his hands out and started backing away, Deputy Woods told him, Don t do this. At this point, Pickett ran from Deputy Woods along the breezeway toward the office area and Main Street. Deputy Woods immediately ran after Pickett. While running, Pickett fell to the ground and Deputy Woods took out his taser. Pickett was on the ground face up and in a sitting position. Deputy Woods told Pickett to turn around or he would be tased. Pickett said, What for? Deputy Woods told Pickett that he was going to handcuff him. While this was happening, Deputy Woods realized that he was too close to Pickett for the taser to be effective along with the fact that Pickett was wearing baggy clothing which could also hinder the effectiveness of the taser. Deputy Woods then put his taser back in its holster. Deputy Woods then grabbed Pickett s arm and attempted to roll him over to handcuff him. Pickett struggled with Deputy Woods. Deputy Woods tried picking Pickett up off the ground to roll him over, but Pickett sat up and started pushing with his feet which hindered this. Deputy Woods then kneeled behind Pickett. Pickett pushed his feet against the adjacent wall in order to push against Deputy Woods. Deputy Woods then struck Pickett with his right fist in the head and upper body area in order to get his compliance but with no effect. Pickett continued to struggle with Deputy Woods and eventually got on top of Deputy Woods. When Pickett got on top of Deputy Woods, he struck Deputy Woods in the face. This knocked off Deputy Woods hat and glasses. Due to the fact that Deputy Woods was 8

9 now lying on the ground, as Pickett hit him in the face, the back of Deputy Woods head was hitting the concrete. Deputy Woods then felt dizzy and feared that he would pass out. Deputy Woods told Pickett to stop three or four times. Pickett did not. Deputy Woods was in fear for his life. Deputy Woods reached for his gun and told Pickett to stop or he would shoot him. Pickett then put his hand on the slide of the gun and Deputy Woods felt a pulling on his gun. Believing that Pickett was overpowering him and was about to take control of his gun and shoot Deputy Woods, Deputy Woods fired one shot and then fired another. Pickett said something at this point and then slumped over onto Deputy Woods. Deputy Woods believed that the first shot was to the chest area of Pickett. Deputy Woods pushed Pickett off of him and then leaned against a wall. Deputy Woods was having trouble breathing. Deputy Woods remembered lying there and then having someone walking him to a patrol unit. Deputy Woods was then taken to the hospital where he learned that he suffered a fractured nose and possible concussion. INTERVIEW OF WITNESS #1 WITNESS #1 was interviewed by Detective Keith Libby on November 20, Deputy Kyle Woods picked up WITNESS #1 at the San Bernardino County Sheriff s station in Barstow at approximately 9:00 p.m. on November 19, WITNESS #1 was riding with Deputy Woods while the deputy was conducting his patrol duties. WITNESS #1 has been a volunteer Citizen on Patrol for the Sheriff s Department since Upon exiting the station, they proceeded north on 2 nd Street and then made a left turn onto Main Street. As they were traveling west on Main Street, WITNESS #1 saw a person, later identified as Nathaniel Pickett, jumping over a fence along Main Street onto the property of the El Rancho Motel. Pickett had looked directly at the unit as Deputy Woods and WITNESS #1 were looking at him. It was immediately after this that Pickett jumped over the fence. They then drove their unit to 1 st Street and made a U-turn and then came back to the El Rancho Motel. The unit stopped on Main Street immediately in front of the gate to the El Rancho Motel which is on the south side of Main Street. Deputy Woods then exited the unit and hopped over the fence into the El Rancho Motel driveway, parking area. WITNESS #1 exited the unit and proceeded to a vehicle gate area that was closed at the time. The gate was opened by an elderly man and WITNESS #1 determined that the gate had not been locked. WITNESS #1 proceeded through the gate and saw three people in the parking area of the El Rancho Motel. They walked through the parking lot and out of sight. 9

10 WITNESS #1 saw that Deputy Woods had made contact with Pickett near the office area of the El Rancho Motel. WITNESS #1 then moved over to that area. WITNESS #1 heard Pickett give his name to Deputy Woods. Deputy Woods spelled the name for Pickett and Pickett confirmed the spelling. Deputy Woods then ran the name and it came back with no match. Deputy Woods told Pickett that the name was not coming up in the system and asked Pickett if he had been arrested before. Pickett said that he had. Deputy Woods then stated that he should be in the system if he had been arrested before. Pickett said that he did not know why his name was not in the system and that it was their system and not his. Deputy Woods then told Pickett he would have to take him to the station if he couldn t identify him. At this time, Pickett ran from them. As Pickett was running, he fell down some stairs in the breezeway in front of the rooms at the El Rancho Motel. Deputy Woods immediately ran after Pickett. Deputy Woods then took out his taser and told Pickett that he would use it. Pickett was lying on the ground at this time. Deputy Woods then put away his taser and attempted to arrest Pickett. Pickett started fighting with Deputy Woods. WITNESS #1 heard Deputy Woods put out a call over the radio of a foot pursuit and that Pickett was resisting. WITNESS #1 heard Deputy Woods tell Pickett several times to quit fighting and to stop resisting. During the fighting, Pickett flipped Deputy Woods and got on top of the deputy. Pickett punched Deputy Woods in the face while the deputy was on his back. WITNESS #1 then approached the fighting and tried to pull Pickett off of Deputy Woods. While WITNESS #1 was attempting to help Deputy Woods, he heard Deputy Woods say, I m going to shoot you. At this point, WITNESS #1 backed away and moved into the parking lot area away from the breezeway. WITNESS #1 eventually moved back to the gate at Main Street and opened the gate for other officers to enter onto the El Rancho Motel property. INTERVIEW OF WITNESS #2 WITNESS #2 was interviewed by Detective Leo Griego on November 19, On November 19, 2015, WITNESS #2 was staying in the room that was right next to the office of the El Rancho Motel. She was not a resident of the Motel but was in a room that was occupied by a friend of hers named Gary. While in the room, WITNESS #2 was sitting down to eat when she heard what appeared to be two men arguing outside. WITNESS #2 stated that the arguing got louder and louder. WITNESS #2 heard one voice say, Yeah, you re going to get my ass or Your fucking ass is mine. WITNESS #2 stated that the other person was not agreeing with 10

11 this. She heard both voices cursing and that it sounded bad. She heard some scuffling outside and then a voice said no. Sometime after this, WITNESS #2 opened the door to the room. When she opened the door, WITNESS #2 saw the deputy against the wall below her window. The deputy was inches from her. WITNESS #2 never heard any shots and never heard anyone identify themselves as a police officer or sheriff s deputy. WITNESS #2 stated that earlier in the evening she had consumed ½ a pint of vodka but was aware of what was going on outside and aware of her surroundings. WITNESS #2 stated I was not too drunk, I was a little bit drunk. INTERVIEWS OF WITNESS #3 WITNESS #3 was interviewed twice regarding this incident. The first interview was done by Detective Leo Griego on November 20, 2015 and the second interview was done by Detective Keith Libby also on November 20, During the interview with Detective Griego, WITNESS #3 made the following statement: WITNESS #3 was in Room #77 with his friends. While inside the room, he heard voices outside. One of the voices asked for identification. Another voice said that he wasn t going to give his identification. WITNESS #3 said the arguing went back and forth between the two voices. At this time, WITNESS #3 heard running. After the running, WITNESS #3 then heard a voice say Don t resist, get against the wall. WITNESS #3 also heard a voice saying turn around. WITNESS #3 heard something about pulling out a taser or using a taser. WITNESS #3 then heard two shots. After hearing the shots, WITNESS #3 peeked out of the room and saw a person who was saying I can t breathe. During the interview with Detective Libby, WITNESS #3 made the following statement: WITNESS #3 was in Room #77 with two friends. He was inside the room when he heard a deputy speaking with someone outside of the room. He heard that one of the people in the conversation had given the other a bad name. WITNESS #3 then heard running and heard the deputy say Stop resisting. WITNESS #3 then heard the deputy say I m going to taser you. Shortly after hearing the statement about tasering, WITNESS #3 heard two shots. Right after that, WITNESS #3 stated that other police officer arrived at the location. 11

12 INTERVIEWS OF WITNESS #4 WITNESS #4 was interviewed three times regarding this incident. The first interview was done by Detective Andrew Reyes on November 20, 2015; the second interview was done by Detective Keith Libby also on November 20, 2015 and the third interview was conducted by a Private Investigator for the family of Nathaniel Pickett by the name of Clifton Harris on an unknown date. During the interview with Detective Reyes, WITNESS #4 made the following statement: WITNESS #4 stated that she did not see anything when the incident occurred. During the interview with Detective Libby, WITNESS #4 made the following statement: WITNESS #4 stated that she was in Room #77. While inside the room, she heard a deputy talking to someone. She heard a voice that she recognized as her neighbor s saying I live here, leave me alone, I haven t done anything wrong. WITNESS #4 then stated that the deputy said, We ll be the judge of that and let me find out who you are. The deputy stated that he saw her neighbor jump the fence. At this point, WITNESS #4 looked out the door and saw her neighbor walking south in the breezeway away from her room. A short time later, she saw her neighbor and the deputy running north in the breezeway toward her room. She saw the deputy push her neighbor down the steps. WITNESS #4 then slammed the door shut. After slamming her door shut, WITNESS #4 heard the deputy say Quit resisting, I m going to tase you. Two seconds later, she heard a shot. WITNESS #4 stated that she had used methamphetamine earlier in the evening. During the interview with Private Investigator Harris, WITNESS #4 made the following statement: WITNESS #4 stated that she was in Room #77 when the incident occurred. WITNESS #4 stated that she knew Pickett and that she cleaned his room from time to time. She further stated that Pickett had been living at the El Rancho Motel for approximately a couple of months. WITNESS #4 stated that during the encounter Pickett told the deputy that he lived there at the motel. She further stated that everyone told the deputy that he lived there, that he was unstable and leave him alone. WITNESS #4 said that the deputy wouldn t leave Pickett alone. WITNESS #4 stated that the deputy was antagonizing Pickett. At first, WITNESS #4 stated that she heard two voices but later on opened her door. When she opened the door, she saw the deputy push Pickett to the ground and that 12

13 Pickett s face scrapped the ground. At this point, she closed her door but left it open a crack. WITNESS #4 heard the deputy state quit resisting, quit resisting. She also heard the deputy say If you don t stop resisting, I m going to taser you. WITNESS #4 did not see Pickett resisting at all. Within two seconds of the deputy making the statement about tasering Pickett, WITNESS #4 heard two shots. WITNESS #4 said that the time between the shots and Pickett dying was instantaneous. She also stated that Pickett never groaned after being shot. After the shots were fired, the deputy acted as if he was hurt. INTERVIEWS OF WITNESS #5 WITNESS #5 was interviewed twice regarding this incident. The first interview was done by Detective Andrew Reyes on November 20, 2015 and the second interview was done by Detective Keith Libby also on November 20, During the interview with Detective Reyes, WITNESS #5 made the following statement: WITNESS #5 stated that he was in his room eating and downloading music when he heard yelling outside. WITNESS #5 stated that he did not see any of the incident. During the interview with Detective Libby, WITNESS #5 made the following statement: WITNESS #5 stated that he was inside his room with WITNESS #4 and WITNESS #3. He heard someone ask someone else what are you doing. He said he also heard a voice say he was just trying to figure out what was happening. WITNESS #5 stated that the voices kept getting louder and louder. At this point, WITNESS #5 heard running going past the room and heard an officer yelling at someone to stop. He then looked outside and saw the deputy tackle the other person. He heard the deputy state, Stop resisting, I m going to tase you. About four seconds after this, he heard two shots. WITNESS #5 stated that he had used methamphetamine earlier in the evening. WITNESS #5 also stated that his wife, WITNESS #4, takes several medications for depression and sycosis and that one of the medications is Lithium. 13

14 INTERVIEWS OF WITNESS #6 WITNESS #6 was interviewed four times regarding this incident. The first interview was done by Detective Leo Griego on November 20, 2015; the second interview was done by Detective Keith Libby also on November 24, 2015; the third interview was conducted by a Private Investigator for the family of Nathaniel Pickett named Reginald Marcano on December 1, 2015 and the fourth interview was conducted by a Private Investigator for the family of Nathaniel Pickett named Clifton Harris on March 2, During the interview with Detective Griego, WITNESS #6 made the following statement: WITNESS #6 stated that he was in his room at the El Rancho Motel and that he did not see anything. WITNESS #6 stated that the motel has cameras in the walk-way near the office and that he wanted to see video before he gave a statement. During the interview with Detective Libby, WITNESS #6 made the following statement: WITNESS #6 stated that he saw the deputy talking to Pickett. He stated that the deputy asked Pickett for identification and that Pickett said that he lived there. WITNESS #6 further stated that Pickett showed the deputy a motel room key. WITNESS #6 stated that he was in the parking lot about ten feet from where the deputy was talking to Pickett. While in the parking lot, WITNESS #6 stated that he told the deputy, Sir, stop please, I can stop him. The deputy ignored WITNESS #6 when he said this. WITNESS #6 then heard the deputy say he was going to do something to Pickett and at this time WITNESS #6 told the deputy, that boy ain t done anything to ya ll. Pickett then took off running. Pickett fell down some stairs flat on his face according to WITNESS #6. While Pickett was on the ground, the deputy came up to Pickett and started beating on him. The deputy hit Pickett in the stomach. WITNESS #6 stated that a second person then came up and started hitting and kicking Pickett. Pickett was screaming and hollering. He then heard two shots. The deputy jumped up immediately after this. WITNESS #6 then went back to his room. At no time, did the deputy ever tell Pickett to stop resisting, stop fighting, stop running or that he was going to tase him. WITNESS #6 stated that he had seen the motel surveillance video of the incident prior to giving this statement. He also stated that he had seen himself on the video. 14

15 During the interview with Private Investigator Marcano, WITNESS #6 made the following statement: WITNESS #6 stated that he had known Pickett for about a month and a half at the time of the incident. He further stated that he was friends with Pickett. WITNESS #6 stated that he had told Pickett s parents that he would look after Pickett and protect him. WITNESS #6 was inside his room when he saw a police unit pull up to the gate area of the El Rancho Motel on Main Street. He saw two officers make contact with Pickett near the office area of the motel. He described one officer as black and the other as Hispanic or Puerto Rican. 1 Pickett continued to walk up the breezeway of the motel and stopped a second time. When Pickett stopped this second time, WITNESS #6 exited his room and came to within 10 feet of the contact between the officers and Pickett. At this location, WITNESS #6 states that Pickett said, I live here, I m going to my room two or three times. Pickett said this very loud according to WITNESS #6. WITNESS #6 told the black officer who was questioning Pickett that Pickett lived there and to stop, I can take care of him. The officer ignored him. He also told the officer that Pickett had a mental problem. The officer looked directly at WITNESS #6 and shook his head. At this point, WITNESS #6 states that the officer said something to the effect that he was going to do something to Pickett. Pickett immediately took off running toward the office and Main Street. While running, Pickett fell down. WITNESS #6 stated that the officer did not move from his location until after Pickett had fallen down. When the black officer made contact with Pickett, the officer had his gun out. The officer handcuffed Picket and then began beating Pickett while the officer was standing up. During the beating, the officer then walked around Pickett. While this was going on, the other officer came over and hit and kicked Pickett. The first officer then laid down next to Pickett on the ground and started beating Pickett everywhere on his body again with his fists. At no time did Pickett hit the officer. The two officers were both bigger than Pickett. While the officer was on the ground beating Pickett, WITNESS #6 heard two shots. WITNESS #6 did not see where Pickett was hit with the bullets. After the shooting, WITNESS #6 ran back to his room but looked behind him to see what was happening. WITNESS #6 saw the officer who was on the ground immediately jump up and then the two officers talked with each other as they walked to the street. During the interview with Private Investigator Harris, WITNESS #6 made the following statement: WITNESS #6 stated that he was in his room and was looking out his window and saw Pickett walking up from the gate area on Main Street. WITNESS #6 also saw a police 1 Deputy Kyle Woods is African-American. WITNESS #1 is Caucasian. 15

16 unit pull up to the gate and saw two officers follow Pickett. They followed Pickett up to an area near WITNESS #6 s room. Pickett asked the officers what was wrong. At this location, WITNESS #6 heard Pickett tell the officers that I got my keys, I m going to my room. At this time, WITNESS #6 exited his room. WITNESS #6 walked over to the pool area and was approximately 10 feet from where the officers were contacting Pickett. WITNESS #6 told one of the officers that he helps to care for Pickett and that Pickett has mental problems. He further stated that he could talk to Pickett and that Pickett lives there. The officer ignored him. WITNESS #6 then heard one officer say something about doing something to Pickett and then the other officer did something funny and it was at this time that Pickett began running backwards. As Pickett was running, he tripped over the steps and fell flat on his face. When Pickett started running, the officer just stood there and did not move. The officer then went to the location where Pickett was on the ground and handcuffed Pickett. The officer then began to beat Pickett. During this altercation, the other officer came over and kicked and hit Pickett as well. Pickett said, Stop, help me up. At this point, the first officer then laid Pickett on the ground on his stomach. That officer then laid down on the concrete next to Pickett and started to beat him again. WITNESS #6 told the officer to stop beating Pickett up. Pickett did not hit the officer. As the officer was on the ground beating Pickett, WITNESS #6 heard two shots. The officer that was on the ground immediately jumped up. The other officer came over and the two officers began to talk. After they talked, the first officer then stood next to the wall and then started to act as if he was hurt. WITNESS #6 stated that the officer was not hurt. INTERVIEW OF WITNESS #7 WITNESS #7 was interviewed by a Private Investigator for the family of Nathaniel Pickett named Clifton Harris on May 21, WITNESS #7 stated that he first saw Pickett at a little after midnight on November 20, He later on said that he was confused with the time frame and also disagreed with the time stamp on the video, even though he stated that he was the one who set the cameras up for the El Rancho Motel. WITNESS #7 also fluctuated about where he was when he was observing the incident. In one part of the interview, he stated that he was inside the office of the motel and at another part of the interview said that he was around the corner from the office. WITNESS #7 also indicated that he did not view the incident personally but was 16

17 observing the incident through his phone which was connected to the cameras of the motel by wireless. Pickett was walking through the gate of the motel and the police were already following him when WITNESS #7 first started observing the incident. He stated that as Pickett was walking up the driveway of the parking lot of the motel, a police unit pulled up in front of the gate on Main Street. He described the unit as a Sheriff s SUV. He stated that one officer was near the office, another officer followed and that there was a volunteer with them. He stated that there were three people total. During the encounter with Pickett, one officer was with Pickett and the others came pretty quickly. The other two looked on during the initial encounter with Pickett. He stated that all three ended up on the motel premises near the office. One officer was doing the talking with Pickett. At some point in time, Pickett ran from the officer. WITNESS #7 witnesses Pickett fall to the ground on the breezeway area in front of the rooms of the motel. WITNESS #7 stated that an officer stood over Pickett and attempted to handcuff Pickett and that Pickett s arms were up at this time. In an attempt to handcuff Pickett, the officer tried to pull Pickett s arm back behind him. While the officer was attempting to do this, the officer began hitting Pickett. During this altercation, both Pickett and the officer fell to the ground. WITNESS #7 then observed the volunteer that was with the officer come up and kick Pickett while he was on the ground. Sometime after this kick, WITNESS #7 heard two shots. After the shots, WITNESS #7 observed the officer sit down against the wall where the rooms were located. He further observed the volunteer telling people to go back into their rooms. WITNESS #7 at this point went around the corner of the building to observe firsthand what was happening. When WITNESS #7 went around the corner of the building, he encountered officers who took him down to the front gate along with a female named Lisa. WITNESS #7 gave a statement to the officer who was there but then was eventually told to leave the location. WITNESS #7 later on in the interview stated that the police refused to take a statement from him. WITNESS #7 went back onto the property, though, because his car was still parked there. WITNESS #7 further stated that the manager of the motel, was not there when the incident took place but came later and met up with him. He further claimed that he would not let the police see the video from the motel. INTERVIEW OF DEPUTY TOMMY DICKEY Deputy Dickey was interviewed by Detective Keith Libby on November 20,

18 On November 19, 2015 at approximately 9:15 p.m., Deputy Dickey was leaving the jail portion of the Sheriff s station in Barstow when he heard a radio call of a foot pursuit by Deputy Woods. Deputy Dickey responded to the location and related that Deputy Woods voice sounded frightening. When Deputy Dickey arrived at the location, he went into the motel parking area and moved toward the office area. When he got to the office area, Deputy Dickey saw Deputy Woods sitting on the ground with his back against the wall of a breezeway in front of the rooms at the motel. Deputy Dickey ran to that area. Deputy Woods told Deputy Dickey, He s got my gun. When Deputy Woods said this, Deputy Dickey observed that Deputy Woods had his gun in his right hand. Deputy Woods was very pale and appeared to Deputy Dickey to be in shock. Deputy Dickey went over to where Pickett was lying on the ground and checked for a pulse. He did not find one. Deputy Dickey moved Pickett down the steps a few feet and handcuffed him. Deputy Dickey then went over to Deputy Woods and helped him holster his weapon and proceeded to help Deputy Woods over to where the police units were located. During this entire time, Deputy Woods was observed by Deputy Dickey to be shaking and mumbling to himself. INTERVIEW OF DETECTIVE MARK RIOS Detective Rios was interviewed by Detective Keith Libby on November 20, On November 19, 2015 at approximately 9:15 p.m., Detective Rios was conducting surveillance on a house in the City of Barstow. While conducting this surveillance, he heard a radio call of a foot pursuit, a resisting call and a call of shots being fired. As a result of hearing this, Detective Rios responded to the scene. When Detective Rios arrived at the location, he observed that three officers were already at the location. Two of the officers were members of the San Bernardino County Sheriff s Department and the other was a member of the California Highway Patrol. One of the deputies was leaning forward with his hand on his knees. The deputy with his hands on his knees stated that he had blacked out. The deputy, who was later identified as Deputy Kyle Woods, appeared to Detective Rios to be winded and very wobbly. Detective Rios helped walking Deputy Woods to a police unit. Deputy Woods told Detective Rios that his face hurt. Detective Rios stated that Deputy Woods appeared to be in shock. When Detective Rios arrived, he also observed another person on the premises. This person was lying on the ground face down in a breezeway of the motel near the office area. This person was later identified as Nathaniel Pickett. A short time after Detective 18

19 Rios arrived at the location, fire department personnel arrived at the location. Detective Rios escorted a paramedic to the area where Pickett was lying on the ground. The paramedic hooked Pickett up to some monitors, found no pulse and pronounced him dead at the scene. INTERVIEW OF DETECTIVE JAMES WILLIAMS Detective Williams was interviewed by Detective Keith Libby on November 20, On November 19, 2015 at approximately 9:15 p.m., Detective Williams was conducting surveillance of a residence in the City of Barstow. While conducting that surveillance, he heard a call of a foot pursuit, resisting, a gun and shots fired. Detective Williams responded to the scene. When Detective Williams arrived at the location, he saw a California Highway Patrol unit out front of the motel. He further saw a subject lying face down on the ground who was already handcuffed. This person was later identified as Nathaniel Pickett. Detective Williams saw a fired cartridge casing near Pickett s body and saw a second fired cartridge casing between the stairs and Pickett s leg. Detective Williams looked at Deputy Woods and stated that Deputy Woods appeared to be in shock and was wobbling as he was attempting to stand up. He further observed marks on Deputy Woods face. Deputy Woods stated that he felt like he had blacked out during the incident. Detective Williams observed WITNESS #2 at the scene. According to Detective Williams, she appeared to be intoxicated. Detective Williams transported WITNESS #2 to the San Bernardino County Sheriff s station in Barstow. INTERVIEW OF DEPUTY DAVID JOHNSON Deputy Johnson was interviewed by Detective Keith Libby on November 20, On November 19, 2015 at approximately 9:15 p.m., Deputy Johnson was on patrol when he heard a call of a foot pursuit. Deputy Johnson responded to the location and when he arrived, he saw Citizen on Patrol, WITNESS #1. WITNESS #1 said something about a gun to Deputy Johnson. Deputy Johnson then went over to where Deputy Woods was located to try and help him. Deputy Woods was slumped against a wall in the breezeway of the motel in front of the rooms. Deputy Johnson stated that Deputy Woods appeared to be in shock. Deputy Woods told Deputy Johnson that he was having difficulty breathing. Upon 19

20 observing Deputy Woods, Deputy Johnson noticed that Deputy Woods had injuries to his face. At the location where Pickett was lying on the ground, Deputy Johnson saw a fired cartridge casing near Pickett s body and another fired cartridge casing near Pickett s feet. Deputy Johnson also saw a hat and glasses that belonged to Deputy Woods on the ground near Pickett. AUDIO BELT RECORDINGS OF DEPUTIES BELT RECORDING OF DEPUTY KYLE WOODS All times indicate the time elapsed from the start of the recording. 00:04 Deputy Woods tells dispatch that he is doing a pedestrian check. 00:13 Indicates to dispatch that the contact is of a Black Male Adult on Main and 1 st. 00:23 Hear Deputy Woods exit unit. 00:28 Hear Deputy Woods ask to speak to Pickett. 00:50 Hear Deputy Woods again ask to speak to Pickett. 01:06 Deputy Woods tells Pickett that he just wants to talk to him. 01:10 Deputy Woods asks Pickett to take his hands out of his pockets. 01:20 Deputy Woods asks Pickett for Identification. 01:22 Deputy Woods asks if Pickett has any weapons. 01:23 Deputy Woods asks Pickett if he would consent to a pat down for weapons. 01:24 Pickett tells Deputy Woods, No. 01:25 Pickett says that he is not doing anything. 01:26 Deputy Woods tells Pickett that he knows. 01:27 Pickett asks, What s the problem? 01:29 Deputy Woods says that he just wants to talk to him. 01:31 Deputy Woods asks for Pickett s name. 01:33 Pickett gives Deputy Woods his name. 01:38 Deputy Woods asks Pickett to spell his last name. 01:39 Pickett again asks, What s the problem? 01:45 Deputy Woods asks Pickett for his date of birth. 01:47 Pickett gives Deputy Woods his date of birth. 01:54 Deputy Woods spells the last name as Pigget. 01:55 Pickett says, Yeah to the spelling. 02:00 Deputy Woods asks Pickett to keep his hands out of his pockets. 02:05 Deputy Woods asks dispatch to run name and date of birth. 02:12 Deputy Woods asks Pickett if he lives in Barstow. 02:13 Pickett says, Yeah. 02:14 Deputy Woods asks him for how long. 20

21 02:15 Pickett says he doesn t know. 02:17 Pickett again asks, What s the problem? 02:20 Pickett again asks, What s the problem? 02:30 Deputy Woods asks Pickett if he has a driver s license or identification. 02:31 Pickett says, No. 02:35 Deputy Woods asks Pickett if he has been arrested before. 02:37 Pickett says, Yeah. 02:38 Deputy Woods asks what for. 02:39 Pickett says that he doesn t remember. 02:41 Deputy Woods asks how long ago. 02:43 Pickett says a long time ago. 02:46 Deputy Woods says he just stopped to talk to him. 02:53 Deputy Woods asks Pickett if he has lived in Barstow all his life. 02:54 Pickett says, No. 02:58 Deputy Woods asks Pickett where he came from before. 02:59 Pickett says, I don t know. 03:04 Deputy Woods asks Pickett where he is trying to go. 03:05 Pickett says, To my house. 03:06 Deputy Woods asks, Where do you live? 03:07 Pickett says, I don t know. 03:09 Deputy Woods asks how can you not know where you live. 03:11 Deputy Woods says, Hold on Nate. 03:12 Deputy Woods says that he just wants to check him out and make sure he s good to go. 03:14 Pickett again asks, What s the problem? 03:16 Deputy Woods says, There s no problem. 03:22 Deputy Woods says he wants to figure out how Pickett got over the fence. 03:25 Deputy Woods asks Pickett if he jumped over the fence. 03:26 Pickett says, No. 03:27 Deputy Woods asks how he got over the gate. 03:36 Pickett says, Through gate. 03:37 Deputy Woods says, Oh, it opens. 03:39 Deputy Woods says, Okay, I didn t know that. 03:40 Deputy Woods asks Pickett if he is staying at the motel. 03:42 Pickett says, No. 03:47 Deputy Woods asks Pickett if he has any kind of identification on him. 03:48 Pickett says, No. 03:51 Pickett asks, What s the problem sir? 04:40 Deputy Woods says that he is waiting for dispatch to get back to him. 04:52 Deputy Woods asks Pickett where else has he lived. 04:53 Pickett says, I don t know. 04:54 Pickett tells Deputy Woods to stop bothering him. 04:55 Pickett says that he is not doing anything. 04:59 Pickett asks, What did I do? 05:06 Pickett says to Deputy Woods, Can you leave? 05:07 Deputy Woods says as soon as he can verify who he is. 21

22 06:08 Deputy Woods asks for an update on the check from dispatch. 06:31 Deputy Woods confirms with dispatch that there is nothing with that name and date of birth. 06:33 Deputy Woods tells Pickett that he cannot be found in the system. 06:35 Pickett asks again, What s the problem? 06:38 Pickett asks again, What s the problem? 06:40 Pickett asks again, What s the problem? 06:44 Deputy Woods explains to Pickett that his name is not coming back with anything. 06:49 Deputy Woods repeats the spelling of Pickett s name as Pigget. 07:06 Deputy Woods asks Pickett for spelling. 07:08 Pickett asks, For what? 07:13 Pickett again asks, For what? 07:27 Pickett says he gave his name and date of birth. 07:29 Deputy Woods then repeats the name and date of birth with the spelling Pigget. 07:31 Pickett says, Yes. 07:40 When Deputy Woods tells Pickett that his name is not in the system, Pickett says that he doesn t know about that and that is his job. 07:42 Deputy Woods tells Pickett to turn around. 07:43 Pickett says, No. 07:44 Deputy Woods says, Don t do this. 07:46 Pickett says he s not doing anything. 07:49 Deputy Woods calls out foot pursuit. 07:55 Deputy Woods tells Pickett to turn around or he is going to get tased. 07:56 Deputy Woods repeats this. 07:59 Deputy Woods tells Pickett to turn around. 08:00 Pickett says, For what? 08:04 Deputy Woods again tells Pickett to turn around. 08:06 Deputy Woods repeats this. 08:10 Deputy Woods tells Pickett to stop resisting. 08:14 Deputy Woods tells Pickett to give the deputy his hands. (Then sounds of scuffling consistent with a struggle can be heard.) 08:29 Deputy Woods says, Stop. I m going to shoot you. 08:31 Deputy Woods repeats this. 08:32 Deputy Woods repeats this. 08:33 First shot is heard. 08:34 Second shot is heard. 08:35 Pickett says, Ow. 08:42 Deputy Woods makes call of shots fired. 08:54 Deputy Woods says he is at the motel. 08:56 Sirens are heard on the recording. 09:07 Deputy Woods makes call over the radio to Deputy Dickey telling him where he is located. 09:31 Deputy Woods says he is near Room :04 Deputy Dickey makes contact with Deputy Woods. 22

23 10:10 Deputy Woods is asked if the suspect has a gun. 10:11 Deputy Woods says, I don t know. 10:13 Deputy Woods says he feels like he cannot breathe. 10:25 Deputy Woods is asked if he has been shot. 10:29 Deputy Woods says he doesn t think so. 10:39 Deputy Woods complains of pain to head. 11:08 Deputy Woods complains of pain to face. 11:11 Deputy Dickey tells someone to go back inside. 14:24 Deputy Woods is asked if he fired his weapon. 14:25 Deputy Woods says, Yes. The total length of the recording is 15 minutes and 1 second. BELT RECORDING OF DEPUTY TOMMY DICKEY All times indicate the time elapsed from the start of the recording. 00:52 First contact with Deputy Woods. 00:59 Deputy Woods says, I don t know when asked if subject has a gun. 01:01 Deputy Woods says that he cannot breathe. 01:11 Can hear handcuffs. 01:20 Deputy Woods says No when he is asked if there are any outstanding suspects. 01:28 Deputy Dickey requests medical aid be sent to the location. 01:58 Deputy Woods complains of pain to face. 01:59 Deputy Dickey tells people to go back inside. 02:37 Deputy Dickey requests additional units to quarantine the area. The total length of the recording is 3 minutes and 1 second. VIDEO SURVEILLANCE CAMERAS FROM THE EL RANCHO MOTEL CAMERA #1 This camera is on the north outside wall of the office of the motel which points northward toward Main Street. All times are the times indicated from the video. 09:09:00 See unit pull up along Main Street. 09:09:03 See man sitting at corner near office get up and move away in a westerly direction from the office. 23

24 09:09:04 See Pickett illuminated by lights on unit. 09:09:29 Pickett arrives at corner of building near office. 09:09:30 Lose sight of Pickett around corner of building. 09:09:42 Flashlight of Deputy Woods is seen coming on in parking lot. 09:09:56 Flashlight turns off. 09:10:00 Deputy Woods arrives at corner of the building near office. 09:10:26 Lose sight of Deputy Woods around corner of building. 09:11:50 Person walks through parking lot going west. 09:11:57 Witness #1 is illuminated by lights of the unit. 09:12:19 Witness #1 arrives at corner of building near office. 09:12:20 Lose sight of Witness #1 around corner of building. 09:15:56 Person walks through parking lot going west. 09:18:00 Another unit arrives. 09:18:09 Witness #1 comes back into view in parking lot with flashlight on. 09:18:22 Another unit arrives. 09:18:42 Additional deputies see running south in parking lot toward building. CAMERA #10 This camera is at the end of the breezeway from the office pointing northward toward the office area. All times are the times indicated from the video. 09:09:31 Pickett arrives at corner of building by office. 09:09:40 Flashlight of Deputy Woods is turned on in parking lot. 09:10:00 Deputy Woods arrives at corner of building by office. 09:10:25 Pickett starts moving down breezeway away from office. 09:15:39 Witness #1 appears in parking lot area. 09:16:24 Deputy Woods enters into breezeway from parking lot area. 09:16:26 Struggle between Deputy Woods and Pickett. 09:16:29 Pickett breaks away and runs away from Deputy Woods toward office. 09:16:30 Deputy Woods pursues. 09:16:31 Pickett falls down. 09:16:32 Witness #1 runs in parking lot toward office area. 09:16:33 Deputy Woods makes contact with Pickett who is on the ground. 09:16:56 Witness #6 is first seen on camera in the parking lot area. 09:17:01 Witness #6 comes to a stop in the parking lot. 09:17:13 Witness #6 moves closer and turns on a flashlight. 09:17:14 Witness #1 moves into parking lot. 09:17:16 Witness #6 starts to back away. 09:17:20 Deputy Woods moves out from underneath Pickett. 09:17:24 Deputy Woods sits against wall. 09:17:30 Witness #6 leaves the view of the camera. 09:18:00 Witness #1 moves in parking lot toward street. 09:18:09 Deputy Woods moves in breezeway from one side to the other. 09:18:32 Deputy Woods moves back to original area next to wall. 24

25 09:18:43 Additional officers arrive in breezeway. 09:18:53 Officers make contact with Deputy Woods. 09:20:00 Deputy Woods gets to his feet. 09:20:13 Deputy Woods moves out of breezeway into parking lot. CAMERA #11 This camera is located in the middle section of the breezeway from the office pointing northward toward the office area. All times are the times indicated from the video. 09:08:58 Unit pulls up to gate on Main Street. 09:09:00 Spotlight of unit is turned on. 09:09:29 Pickett arrives at corner of building. 09:09:43 Flashlight is seen being turned on in parking lot. 09:09:59 Deputy Woods arrives at corner of building. 09:10:25 Pickett starts walking down breezeway away from office. 09:10:28 Deputy Woods follows Pickett. 09:11:58 Deputy Woods leaves breezeway and goes into parking lot. 09:12:19 Witness #1 arrives at corner of building. 09:12:21 Witness #1 enters breezeway. 09:12:52 Witness #1 straddles area between breezeway and parking lot area. 09:13:18 Witness #1 enters parking lot area. 09:13:25 Pickett leaves view of camera. 09:13:27 Deputy Woods leaves view of camera. 09:15:20 Witness #1 leaves view of camera. 09:16:30 Pickett runs back into view of camera in breezeway. 09:16:31 Deputy Woods runs back into view of camera in breezeway 09:16:31 Pickett falls down. 09:16:33 Deputy Woods contacts Pickett who is on the ground. 09:16:34 Pickett makes kicking motion toward Deputy Woods. 09:16:35 Deputy Woods points taser at Pickett. 09:16:36 Witness #1 runs back into view of camera in parking lot area. 09:16:39 Deputy Woods puts taser away. 09:16:42 Deputy Woods attempts to apprehend Pickett. 09:16:44 Deputy Woods goes down to ground and struggles with Pickett. 09:16:48 Deputy Woods drags Pickett to one side of the breezeway. 09:16:59 Deputy Woods begins to punch Pickett. 09:17:02 Witness #1 enters the breezeway from the parking lot area. 09:17:12 Witness #1 attempts to help Deputy Woods. 09:17:14 Witness #1 backs away from the struggle between Deputy Woods and Pickett. 09:17:14 Flashlight is seen turning on in parking lot area. 09:17:15 Pickett gets on top of Deputy Woods during struggle. 09:17:16 Flashlight turns off. 09:17:19 Deputy Woods pushes Pickett off of him. 25