redactions on ypd case no. 17y015614 pages 2, 10, and 11 ......redactions on ypd case no. 17y015614...
TRANSCRIPT
Redactions on YPD case no. 17Y015614 PAGES 2, 10, and 11 - Identifying information of child victims or witnesses is exempt from disclosure: The names, addresses, and/or photographs of a living child victim or witness may not be disclosed by any law enforcement agency or prosecutor's office without the permission of the child victim, child witness, parents, or legal guardians to anyone except another law enforcement agency, prosecutor, defense counsel, or private or governmental agency that provides services to the child victim or witness. RCW 7.69A.030(4); RCW 42.56.070(1).
PAGES 8, 10, 11, 12 and 17 - Drivers license nos. of public citizens are exempt from disclosure: RCW 42.56.230 The following personal information is exempt from public inspection and copying under this chapter: (5) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial information as defined in RCW 9.35.005 including social security numbers, except when disclosure is expressly required by or governed by other law; AND,
RCW 9.35.005 The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (3) “Means of identification” means information or an item that is not describing finances or credit but is personal to or identifiable with an individual or other person, including: A current or former name of the person, telephone number, an electronic address, or identifier of the individual or a member of his or her family, including the ancestor of the person; information relating to a change in name, address, telephone number, or electronic address or identifier of the individual or his or her family; a social security, driver's license, or tax identification number of the individual or a member of his or her family; and other information that could be used to identify the person, including unique biometric data.
Report for Incident 17Y015614 Page 2 of 11
04/19/17
Misc Entry: and: 21:15:01 04/16/17
Modus Operandi: Description : Method :
Involvements
Date Type Description04/17/17 Name HIWAY TOWING, TOW COMPANY04/16/17 Name MENDEZ, MARIA DEL CARMEN ARRESTED04/16/17 Name GARCIA, PERLA Y. CASTRO PASSENGER04/16/17 Name MANCILLA-VALDOVINOS, OSCAR DRIVER VEH204/16/17 Name PASSENGER04/16/17 Name PASSENGER04/16/17 Name PASSENGER04/16/17 Name PASSENGER04/16/17 Vehicle BRO 2012 CHEV MALIBU WA IMPOUNDED04/16/17 Vehicle WHI 2001 CHEV SUBURBAN WA VEH 204/16/17 Cad Call 21:15:34 04/16/17 ACCIDENT INJURY Initiating Call
Report for Incident 17Y015614 Page 3 of 11
04/19/17
NarrativeYakima Police Department - Incident Narrative Report
Incident #: 17Y015614
Synopsis: Two vehicle collision. Odor of intoxicants coming from driver of
causing vehicle. Driver submitted to SFST's and showed signs of impairment.
Driver arrested for DUI. Driver submitted to breath test with results of 0.182
IR, 0.180 EC and 0.185 IR, 0.179 EC. Driver released and charge forwarded to
Yakima County District Court at the request of the City of Yakima Prosecutor's
Office.
*Mendez, Maria Del Carmen /1987 - DUI*
Narrative: On 04/16/2017 at approximately 2116 hours, Officers responded to S
16th Ave and Tieton Drive regarding a possible injury collision. While en route,
dispatch advised the collision was blocking and an eleven year old boy may be
injured.
Upon my arrival I found WA license , a 2012 Chevrolet Malibu had
rear ended WA license , a 2001 Chevrolet Suburban. I asked the
driver of the Malibu, identified a Maria Del Carmen Mendez by her WA drivers
license for her license, registration and insurance. As I spoke to her, I could
smell what I believed to be the odor of intoxicants coming from her. As we
continued to talk, Maria advised she wasn't sure how the collision happened,
other than she couldn't stop in time to avoid running into the rear of the
Suburban.
After stepping away from the contact with Maria for a moment, I returned and she
was now chewing gum, which I did not notice during the initial contact. With the
odor of intoxicants present, I asked Maria if she had drank anything
earlier and she advised she had not. I then asked if she would be willing to
submit to voluntary Standardized Field Sobriety Tests and Maria agreed.
The first test I administered was the Horizontal Gaze Nystagmus. I administered
this test in the roadway, between patrol vehicles. When I first attempted to
check for equal tracking, I could see Maria had watery eyes. Maria also moved
her head, which she was told to keep still. I attempted to check for equal
tracking once more and Maria was able to follow the instructions. I then checked
for Lack of Smooth pursuit, which was present in both eyes. Maria also displayed
Distinct and Sustained Nystagmus at Maximum Deviation and Onset Prior to 45
Degrees.
The next test administered was the Walk and Turn. For this test, I escorted
Maria to the east sidewalk of S 16th Ave which was flat and dry. As I explained
the test, Maria was unable to remain in the starting position as instructed.
Maria stepped out of the starting position four times. Once she was told to
begin, Maria proceeded to take eight steps, but counted nine, missed heel to toe
and stopped walking after the ninth step. Maria then completed an improper turn,
turning to her right. During the second nine steps, Maria took all nine, but
missed heel to toe and stepped off line after step six.
The final test was the One Leg Stand. Maria completed the test by raising her
right foot off the ground. As soon as she started, she raised both arms
approximately 18 inches from her sides for balance. I advised Maria to put her
arms down and she did, but later raised her left arm approximately 8 inches for
balance. While counting out loud, she repeated several numbers and after
Report for Incident 17Y015614 Page 4 of 11
04/19/17
counting to eight, she put her foot down and had to be told to pick it up and
continue.
After completing the SFST's, I asked Maria if she would be willing to submit to
a PBT sample and she declined.
With Maria showing obvious signs of impairment, I placed her under arrest for
DUI. I transported Maria to the Yakima Police Department for processing and upon
our arrival, took her into the BAC Room.
Once in the BAC Room, I checked the Drager Alcotest to enure it was in proper
working order. I also completed a mouth check to ensure there were no foreign
substances in her mouth. While waiting for the observation period to pass, I
began to complete the DUI Arrest Report packet. When asked if she would like to
speak to an attorney, Maria said she would, but did not have one in particular.
I contacted Kip Kendrick and put Maria on the phone with him. While on the
phone, I kept constant visual on Maria by walking backwards out of the room and
watching through the glass window. Once she was done talking to Kip, Maria waved
me back in. I spoke to Kip and was told he advised Maria to take the breath
test, but to not answer any further questions.
With the observation period now having passed and Maria not introducing any
foreign substances into her mouth, I advised her of the Implied Consent Warnings
for breath. Maria said she understood and agreed to provide two breath samples
and did not express any confusion about what was read to her. Maria
provided two samples with the results of 0.182 IR, 0.180 EC and 0.185 IR, 0.179
EC.
After completing the breath test, Maria was placed in a temporary holding room
while I completed some of the DUI paperwork. Once the paperwork was completed, I
provided Maria a courtesy transport home. I also provided Maria with her copies
of the breath test results, tow/impound paperwork, DUI Hearing request form,
exchange of information from the collision and Kip's information.
I later completed a criminal citation with the charge of DUI and forwarded it
to the Yakima County District Court per Sergeant I. Cavin.
I certify (or declare) under penalty of perjury under the laws of the State of
Washington that the foregoing report, written in the County of Yakima, City of
Yakima is true and correct, and I am entering my authorized user ID and password
to authenticate it.
--------------------------------------------------------------------------------
Coban Video: Yes[X] No[ ]
Consent to Search: Granted[ ] Denied[ ] Search Warrant[ ]
Evidence Tagged for Prints or DNA: Yes[ ] No[ ]
--------------------------------------------------------------------------------
Reporting Officer: G Walk 7456
Date, Time: Mon Apr 17 00:46:04 PDT 2017
Approving Supervisor:
Date, Time:
Report for Incident 17Y015614 Page 5 of 11
04/19/17
SupplementCAD Call info/comments
================================
2 CAR INJ MVA - BLOCKING
21:16:36 04/16/2017 - Blomberg W
GRY CAR VS WHT CAR
21:17:40 04/16/2017 - Blomberg W
INJ PARTY IS 11 YR BOY IN THE WHT CAR
21:20:24 04/16/2017 - Fraley M - From: Davis R
11 YO HEAD PAIN
21:22:34 04/16/2017 - Miranda A - From: Cavin I
2 PT IN VEH, REQ 2ND AMB
21:24:30 04/16/2017 - Miranda A - From: Cavin I
REQ ONE TOW
21:25:18 04/16/2017 - Miranda A - From: Cavin I
FIRE REQ CANCEL 2ND AMB
21:27:27 04/16/2017 - Fraley M
HIGHWAY TOW/ 5714/ TRENT
21:31:18 04/16/2017 - Jose C B - From: ALS
2B VMM WITH 2 PATIENTS
21:33:03 04/16/2017 - Jose C B - From: ALS
OUT 0.9
21:33:30 04/16/2017 - Fraley M - From: Walk G
1 IC/ DUI
Report for Incident 17Y015614 Page 6 of 11
04/19/17
Supplement23:38:18 04/16/2017 - Cavin I
Yakima Police Department - Supplemental Narrative Report
Incident #: 17Y015614
Synopsis: Assisted with collision investigation and subsequent DUI
investigation of causing driver.
Narrative: On April 16, 2017 at about 2115 hrs I responded to Tieton Dr and
16th Ave in the city and county of Yakima regarding a two vehicle collision with
injury.
On arrival I saw the two involved vehicles south of the intersection on 16th Ave
in the northbound lanes. I could see a small brown sedan had collided with the
rear of a white Chevrolet Suburban. I exited my patrol car and contacted Ofc
Walk who had been on scene for several minutes already. He informed me that the
driver of the brown sedan, identified by Washington DL as Maria Del Carmen
Mendez, he recognized as a city council member. He also stated that he could
smell an odor of intoxicants possibly coming from her. I instructed him to
continue his investigation and report back to me.
I examined the scene and could see that the brown Chevy Malibu had been
northbound on 16th Ave in the inside lane of travel when it collided with the
rear of the Suburban, which appeared to have been stopped. There were no skid
marks on the street visbible from the Malibu, and it had moderate front end
damage. The driver side airbag in the Malibu was deployed, but the passenger
side was not.
Inside the white Suburban two people were treated for minor injuries and
transported to the hospital. The ambulance crew told me the passengers were
being taken for complaint of neck, head and back pain.
Ofc Walk told me that he was placing the driver of the Malibu, Mendez, under
arrest for DUI after SFST testing. I notified Lt Watts of the arrest by
telephone. Ofc Walk transported Mendez to the police station for processing. I
contacted City Attorney Cynthia Martinez by telephone to inform her of the
arrest and to get instruction on how to process the citations for prosecution.
She requested that all citations be routed through district court due to the
conflicts within the municipal systems. I made phone contact with District
Prosecuting Attorney Julia Davis and she advised to refer the citations to the
county prosecutor's office for summons.
I contacted Ofc Walk at the police station and found him in the BAC room at the
Yakima City Jail. As I entered the room he was completing the reading of
implied consent to Mendez. I heard Mendez respond that she would provide a
breath sample when asked by Ofc Walk. I then watched as he prepared the Drager
breath test instrument. I spoke briefly with Mendez as she was complaining of a
minor injury to her left thumb. I could see her eyes were watery and red and
could hear her speech was slurred. The odor of intoxicants was filling the room
from Mendez.
I assisted Ofc Walk in coaching Mendez to provide adequate samples. She
completed the breath test process on the first attempt. Ofc Walk completed the
DUI arrest related paperwork, including serving Mendez with her DOL hearing
paperwork. After the process I escorted Mendez to a holding room. I explained
the prosecution process that was going to be followed with her and told her to
Report for Incident 17Y015614 Page 7 of 11
04/19/17
await contact by mail from the Yakima County District court for her court
appearance.
During my entire contact with Mendez she was cooperative and polite and seemed
upset by the incident, at times crying.
Based on my contact with Mendez and observations at the scene, along with my
training and experience, it was my opinion that she was impaired by alcohol
which contributed to the collision.
I certify (or declare) under penalty of perjury under the laws of the State of
Washington that the foregoing report, written in the County of Yakima, City of
Yakima is true and correct, and I am entering my authorized user ID and password
to authenticate it.
--------------------------------------------------------------------------------
Coban Video: Yes[X] No[ ]
Consent to Search: Granted[ ] Denied[ ] Search Warrant[ ]
Evidence Tagged for Prints or DNA: Yes[ ] No[ ]
--------------------------------------------------------------------------------
Reporting Officer: Sgt I Cavin #6186
Date, Time: Sunday, Apr. 16, 2017 23:36:47
Report for Incident 17Y015614 Page 8 of 11
04/19/17
VehiclesVehicle Number:
89465 License Plate: License Type: PC Regular Passenger Automobile
State: WA Expires: 02/17/15Vehicle Year: 2012 VIN:
Make: CHEV Chevrolet Model: MALIBUColor: BRO / Doors: 0
Vehicle Type: PCAR Passenger Car Value: $0.00
Owner: Last: MENDEZ First: MARIA Mid: DEL CARMENDOB: Dr Lic: Address:
Race: L Sex: F Phone: City: YAKIMA, WA 98902Height: 5'10" Weight: 140 Eyes: BROHair: BLK
Agency: YKPD Yakima Police Department Date Recov/Rcvd: **/**/**Officer: Walk G Area: YK6 YKFD
AREA 6UCR Status: Wrecker Service: EZ EZ TOWING 5810Local Status: IMP IMPOUND Storage Location: TOW YARDStatus Date: 04/16/17 Release Date: **/**/**Comments:
Vehicle Number:150130
License Plate: License Type: PC Regular Passenger AutomobileState: WA Expires: 04/04/18
Vehicle Year: 2001 VIN: Make: CHEV Chevrolet Model: SUBURBANColor: WHI / Doors: 4
Vehicle Type: PCAR Passenger Car Value: $10,000.00
Owner: Last: MANCILLA-
VALDOVINOSFirst: OSCAR Mid:
DOB: Dr Lic: Address:
Race: L Sex: M Phone: City: YAKIMA, WA 98902Height: 5'04" Weight: 185 Eyes: BROHair: BLK
Report for Incident 17Y015614 Page 9 of 11
04/19/17
Agency: YKPD Yakima Police Department Date Recov/Rcvd: **/**/**Officer: Davis R Area:
UCR Status: Wrecker Service: Local Status: Storage Location: Status Date: 04/16/17 Release Date: **/**/**Comments:
Report for Incident 17Y015614 Page 10 of 11
04/19/17
Name Involvements:PASSENGER :
306493
Last: First: Mid: DOB: /05 Dr Lic: Address: Race: L Sex: M Phone: ( ) - City: YAKIMA, WA 98902Height: 5'00" Weight: 190 Eyes: BROHair: BLK
PASSENGER : 306495
Last: First: Mid: DOB: /09 Dr Lic: Address: Race: L Sex: M Phone: ( ) - City: YAKIMA, WA 98902Height: 3'00" Weight: 75 Eyes: BROHair: BLK
TOWCOMPANY :
14196
Last: HIWAYTOWING
First: Mid:
DOB: **/**/** Dr Lic: Address: 1313 GORDON RDRace: Sex: Phone: (509)248-3831 City: YAKIMA, WA 98901
Height: ' " Weight: 0 Eyes: Hair:
DRIVER VEH2: 258743
Last: MANCILLA-VALDOVINOS
First: OSCAR Mid:
DOB: 75 Dr Lic: Address:
Race: L Sex: M Phone: City: YAKIMA, WA 98902Height: 5'04" Weight: 185 Eyes: BROHair: BLK
PASSENGER : 306496
Last: First: Mid: DOB: /12 Dr Lic: Address: Race: L Sex: M Phone: ( ) - City: YAKIMA, WA 98902Height: 2'00" Weight: 40 Eyes: BROHair: BLK
Report for Incident 17Y015614 Page 11 of 11
04/19/17
PASSENGER : 306494
Last: MANCILLA First: Mid: DOB: /08 Dr Lic: Address: Race: L Sex: F Phone: ( ) - City: YAKIMA, WA 98902Height: 4'06" Weight: 120 Eyes: BROHair: BLK
PASSENGER : 226501
Last: GARCIA First: PERLA Mid: Y. CASTRODOB: /89 Dr Lic: Address:
Race: W Sex: F Phone: City: YAKIMA, WA 98902Height: ' " Weight: 0 Eyes: Hair:
ARRESTED : 35776Last: MENDEZ First: MARIA Mid: DEL CARMENDOB: Dr Lic: Address:
Race: L Sex: F Phone: City: YAKIMA, WA 98902Height: 5'10" Weight: 140 Eyes: BROHair: BLK