LAW ENFORCEMENT REPORT FORM FRESNO POLICE DEPARTMENT 1323 MALL. FRESNO CA 93721 Phone: (559)62177000 ADIUUSDO 7 1h IDEVT FORMATION Report 1 DH Repan'l'ypr: mas mum Definition and A 1.111 Occurrtd Fromz05/IO/13 14 00 Fri Fri LornliawW Av and PALM AV Ilnw Kc en UAIU659 111mm: NW CASE FACTORS FOLLOWUP VICTIM WILL PROSECUTE INVESTIGATION SURROU. DING AREA CANVASSLD SOLVABILITV FACTORS ADULT Cl 1 ED. IUV.C11 1-.11 SYECIAL FACTORS REPORT A Zone: 1342 Received 14.00 Fri Case 134130667 Um: 41): CA5 Cnde: BAIT Primed: AM (V3772). ALEX #558 SANDI Routing: .\one Primed By: RDUTEIJ. Rt FOR RR) Primed 1513055 ()flicerzBARRIOS c1erkirkosnv3267).SANDmTesz Preschg '1'ypezn1zsr Crenlcd:05/W/13 14-00 Filed 14 27 A, mic Approved: 5/15/2013 1014:08 AVI um Reviemd: 5/28/2013 12:16:42 PM 7 NAM 7 1 Adult/JuvenileiA .PERSON Vamc: JOSEPH gnaw Sex:M Down/02211964 AguelX Heiglnzeo'l Hrir:131,N ranging NGIJSH nirrIiCiiyz13<>SToN Clolhing: Wm 11 SHIRT. BLACK FANTS DUPONT I: DANIEL Tanoos. Lucalian Feature Descriptinn ARVI DISC BIRTHMARK Identificmiou -- Hum -PAU1AV. mini.>> 559_ VICTIM GAMEZ.ADRIAN ALFONSO srovs DUPONTNICKIE CHILI): w" Charge Mm Section Code Counts Bail 242 PC BATTERY 1 Judicixl 11mm: FRESNO Officer: BARRIOS SR 013353), VICTOR #len rage 1 0(6 Supervisor: FLORES ALEX #558 FRESNO POLICE DEPARTMENT Mam: 13AR3559 Um; 13.039057 ES Inurnm Type: Name: DUPO Race: St Ag '47 Heighl: $02 \Vrighl: I40 I ()mipinion SK Hum Languag \lf ms. numfll mimic" 91710 ir: BRO Eyes: BRO ULPOYTDAHFI JosrPH CHILD: Charge luinmmion 5min" Cndl' Descripiiou Counts Bail Wnrmul 242 PC BA i Judic' lDisKricl: \1l'Nl CI in; v/ 3 min/.yumiilc- mm VIC Mi Al ionsr) MUTHE ,VlL'Kit swim. ('odr lh'scripfinn ('nums Bail "mm 241 BM HRY 1 Judicial Dislrirk: FRESNO Dispu:5 H: v' AdulI/Juwnilr: A lypu: PERSON mm A1 1 0x30 . mm: 07% I972 Agmo mum in: "mm: mm mm mu) - \0 W705 l'lwnt:_ Phone SUSVECT: DUPUN LDANILL I Offirc ARRIOS SR (V1353). VICTOR #l'lli) Page 2 FLORES (V3772), ALEX #858 FRESNO POLICE DEPARTMENT Event: 13AR3059 Case: 137030567 NAMES Inv: WIT Adult/J" Nam -- Ram Sexi DOB. Age: in A Type: i'l.kSO\ luv: :1 2 AdulI/Jnveuile: A Type: PERSON Nam -- Run-1 Su: mm: Adult/Juvel em 'I'ypefl'hliSOV b? \imi- . OTHER FACTORS Nougi NARRATIVE MEMBERS WHO CAN TESTIF Officer Victor H. Barrios #210. Fresno On Friday. May 10, 2013 at 2:03 PM. while on duty as a uniformed patrol officer (or the City of Fresno Police Department. Iwas dispatched to Herndon/Palm regarding a disturbance on the parking lot in front of Starbucks. Upon arriving, Sgt. Clayton Smith was standing With V-Gamez. Sgt, Smith arrived Within moments of the call and detained several of the involved subjects. Smith had the victim in handcuffs as he was initially told by suspects Daniel and Vickie Dupcnt. that they were the victims of the incident and they insisted the other subject he placed into custody for assaulting them. INVEST GATIQ I located the involved subjects and I obtained identifications from them. Officer: BARRIOS SR (V3353). VICTOR #I'Zlfl Pagel Supervisor: FLORES (V3772), ALEX #5521 3-030667 in cut: Since S-Vickie Dupont requested medical aid, paramedics were called to the scene. The suspect incurred a laceration on the lower, inner lip. American Ambulance Paramedics responded to the scene and they treated S--Vickie Dupont tor the iniury but she refused transportation to a medical facility St - ID S-Daniel Dupont appeared Impatient to Contact me first. SsDariiel Dupont said that he and his wife (Vickie) arrived on scene to use the ATM. There was no parking so his wife parked on the handicap stall S-Daniel jumped out of the Car and went to use the ATM when VsGamez walked up and said that using a handicap stall when not handicap was a rotten thing to do S-Daniel told the victim "Well, the Wire is driving, go talk to her." SsDaniel said the victim did in fact approach the car and began speaking with Vickie. While using the ATM. SsDaniel heard the suspect yelling protanities at his wire. Becoming concerned for his wire, Daniel walked over to the victim and asked why he was talking to his wife in such a manner. SsDaniel then said that he was attacked and punched by the victim and he fought back. S--Vickie Dupont also could not wait to be interviewed and she stated that she parked her car on the handicap stall only because there were no other stalls available. S-Vickie initially said the victim approached her and told her to luck olf so she Ignored him and rolled up her Window. Moments later, Vickie saw her husband fighting with the suspect and she went to assist her husband when the victim suddenly punched heron the mouth. There were several people who were on scene and came forward, identiiying themselves as Witnesses to the incident, One witness (later identified as W- told me she was in a big hurry, but she had video of the incident that she wanted to give me. asked this young lady if she could e- mail me a copy of the video and she said "Certainly." I prayided my business card and asked the Witness to forward the video to the e-mail address on the card. I was then contacted by said she was Walking over to use the ATM machine at the location when she took notice of a possible argument between the Victim and the driver of a small car which was parked on the handicap stall that was located next to the ATM. could not make out what was being said but she could tell the conversation was heated. said the Victim was standin outside the driver door of the vehicle and the driver was still seated on the drivers seat or the car, hthen saw a tall. thin maie whom she pointed out and identified as SeDaniel Dupont. said S-Daniel confronted the victim and they had a heatedexchange of words. W- --then said the victim put his hands up as it in a defensive stance and began backing away train the suspect. S>>Daniel Dupont advanced toward the victim and Without provocation threw a punch and struck the victim on the face. The victim and suspect began fighting. W_said the female suspect, exited the car and aiso attacked the victim, With the two suspects ioining forces against the victim, they managed to knock the victim to the ground. --said that S-Daniel was on top ol the victim, punching him as the female suspect also punched him Ws_then said the suspect's teenage son joined in the assault and started kicking the victim as the mother and father were assaulting the victim. --told me she was certain that S-Daniel Dupont threw the first Officer: BARRIOS SR (V3353). VICTOR #l'Ztll Page A of 6 Supcrtisor: FLORES (\'3772i, ALEX #558 Case: 3-ltJatto7 Event: l3eAR3659 punch. W- I contacted -openly admitted that he once met the victim during a party sometime back but had no other Contact with him. -said he was at the location when he saw S-Daniel Dupont Confront the victim. The suspect was yelling at the victim when the suspect stepped (onward. toward the victim and punched the victim on the face. Rivem said the victim and suspect started fighting when the suspect's wife joined the light and began hitting the victim With the two suspects fighting the victim. they managed to knock the victim to the ground. The suspects were on top at the victim, beating him with their hands and fists when a teenager also joined in and began kicking the victim as the victim was on the ground being beaten by the other two suspects WW I then contacted V-Gamez. The victim said that he had parked his car and was walking over to use the ATM on the Corner of Palm/Herndon when he observed a female (later identified as Vickie Dupont) park on the handicap stall that was located next to the ATM machine. A tall male (later identified as Daniel Dupont) exited the same vehicle from the passenger side and walked over to use the ATM, The victim explained that he respects the handicap stalls and he goes out of his way to park legally, even if it means he has to walk a distance to use the ATM. The victim admitted the suspects in the car clearly did not appear handicapped and this annoyed him. The victim contacted S-Daniel and expressed his feelings about this. S-Daniel told the victim. didn't park there. go talk to the driver." The victim then walked over to the female, who was still seated in the car and told her that it was rude of her to park on a handicap stall when she was not handicapped. The victim admitted he called the temale a "Fucking bitch" and that he pointed his finger at her but said he never tried to hit the suspect or tried reaching into her car. the said she was then contronted by SrUanlel and told "Hey you can't be talking to nly Wite like that!" Without further provocation. the suspect stepped in toward the victim and punched him on the face. At this point the Victim said he tried to defend himself and had no choice but to fight the suspect. The suspects wife also joined in the attack on the victim and the two suspects knocked him to the ground. V-Gamez said he does not know if punched one or both of the suspects but may very well have during the melee. As the victim was on the ground fighting off the two adult suspects, their son. came over and kicked the victim several times as he was trying to deiend himself from the adult suspects. The victim said he would be Willing to forget about the whole thing it the suspects would drop the matter also. When contacted, S-Daniel and Vickie Dupont were insistent on pressing charges against the victim, At this point the victim advised he would place the suspects under arrest for battery, I contacted S- and I advised him he was under arrest. The suspect asked why? i Officer: BARRIOS SR (V3353). VICTOR "'21 [i Page 5 of 6 Supervisor: FLORES (V3772). ALEX Case: 13>>4)30667 - t'nt: 13-AR3659 explained that he kicked the victim as his mother and father were attacking the victim, Se said wasjust trying to defend them." Upon reviewing my Department Issued email, I discovered W--orwarded a video clip of the incident. This video shows SADaniel over V--Gamez (who is on the ground). As S>>Danie| has the victim pinned on the ground, 8- ickie steps in and appears to strike the victim with her fists and then is seen kicking the victim twice. W- stated that she began filming after the incident was already in progress and believes she only caught only half of it. Based upon the statements of the victim and witnesses. A Verbal disturbance began when the victim confronted the suspects over illegal parking on a handicap stall. Withuut legal provocation, the suspects physically attacked the victim and used unlawful force against him in violation of P0242. issued citations to the suspects and I released them from custody. forwarded the video to Bet Patrick Mares of the Northwest District RELA 1E1) CHE Comment: CITE Pn-zl4x112 Comment: Officer: BARRIOS SR (V3353), #I'th] Supervisor: FLORES (V3772), ALEX #558 Page 6 0'6