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Oro Valley Police Report

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Posted: Wednesday, March 21, 2012 10:12 am

On 3/10/12 at approximately 2252 hours I responded to the area of 12*** Yellow Bird Rd in reference to a loud party. Communications advised that there had been a loud party for several hours. Upon arrival I exited my patrol and could hear loud talking and laughing coming from several voices in the back yard of N Yellow Bird. I was able to make Contact at the residence at that time with the homeowner, **** *****.

When I initially met ******, I observed that he had red watery and bloodshot eyes. I could also smell a strong odor of intoxicating alcoholic beverages coming from his breath as he spoke. ****** was advised at that time that there had been a noise complaint about his residence and that the voices from the back yard were carrying a long distance through the quiet neighborhood. ****** advised that he understood the problem and would keep the noise down to avoid further police contact. I then contacted the reportee, ******(Reportee) *******.

I advised ******(Reportee) about my contact with ****** and that he agreed to keep level down. ******(Reportee) was also advised to call back if the noise became an issue again so that ****** could be contacted again. Officers cleared the scene at that time, since the noise had died off.

A short while later at approximately 2337 hours, a second call was received in reference to the noise issue. When officers arrived the second time, the street was quiet. After waiting in the area for approximately 5 minutes, I contacted ******(Reportee) again. I advised her that I would be unable to contact ****** again if the noise was not still happening and she agreed that as long as things were quiet, she was happy. ******(Reportee) explained to me that she was hearing loud music from the home a few minutes at a time; as if they played a few songs and then turned it off for a while before playing more music. Because of this, I remained on scene when other officers cleared. I stayed in the area with my engine off and windows down so that I could listen in case the music was turned on again.

At approximately OOO5 hours, I observed two large dogs in the front courtyard of the home. I also heard extremely loud music begin to play from 12*** N Yellow Bird. The music was at a volume that it could be heard a long way from the home and was very unreasonable. When I exited my patrol vehicle and walked up to the home, I observed a female subject in the front yard. I advised the female to turn down the music several times and she replied "I can’t hear you". Every time I attempted to walk up to the courtyard to speak with the female, the two large German Shepherds would bark and growl loudly as they stood up on the wall. Since the wall was only a few feet high, I believed that the dogs would be able to easily jump it if they wanted to. Since the female was also apparently ignoring the aggressive behavior of her dogs, I was apprehensive to approach further and risk inciting the dogs. I eventually communicated to the female that she needed to turn off the music and let me speak with ****** and she refused, advising me that he was asleep. The female also refused to identify herself to me and took the dogs inside at that time and closed the door.

Other officers arrived on scene to back me up at that time and I briefed them on the situation. I spoke again with ******(Reportee) and confirmed that she wished to press charges for the noise disturbance. While I was still on scene, the front door opened and both ****** and the female exited the home, along with the dogs. At this time I was able to identify the female as ******(wife) ******* via her AZDL photo, which I pulled up via my MDC in my vehicle. I then began speaking with ****** about the issue and he seemed to not understand why police were at his house. Both ****** and ******(wife) appeared to be extremely intoxicated at this time and both subjects were slurring their words and stumbling while they walked. I explained to ****** that because of his non-compliance with our initial request to turn down his music, I would be citing him for the town code lO-l~4, Unreasonable Noise. ******’s wife, ******(wife), advised that she was going to call their lawyer about the citation prior to it being signed by ******. At this time, ******(wife) went into the house. A short time later, the music was turned up and ******(wife) returned outside with a glass of wine and wearing a Hawaiian style Lei. ******(wife) did not have a phone in her possession at that time, despite her insistence that she needed to call their lawyer. I asked ****** again if he was willing to sign the citation and he advised that he was not willing to do so until he spoke with his lawyer. He then spoke with his lawyer via his cell phone. At the culmination of his phone call, ****** advised me that he would not sign the citation at the recommendation of his lawyer. ****** then walked inside of his home with ******(wife) and the dogs and closed the door. As ****** was walking to his home I advised him to keep the noise level down. Since ****** and ******(wife) were inside and the music had been turned off, officers cleared the scene. I remained on scene with my windows down and engine off to listen for any further noise from the residence. I remained on scene for approximately 30 minutes during which time I heard no further noises.

At approximately 0231 hours communications received another call from ******(Reportee), advising that the music was "blaring" again. Responding officers advised communications that the music was heard from White Diamond, a parallel street to Yellow Bird. At that time I responded to the main police station where I began filling out and applying for a Search warrant for 12*** N Yellow Bird to arrest ****** and ******(wife) for disorderly conduct and creating an unreasonable noise. I spoke with Judge Dunscomb on the phone and applied for, and was granted, a telephonic Search warrant for 12*** N. Yellow Bird. At the time that I was granted the Search warrant, there had been at least ten calls from four different reportees complaining about the noise. I then responded to 12*** N Yellow Bird Rd. where I contacted officers already on scene. Upon my arrival I Could plainly near the music still playing from the home. Sgt. Kranz V73 advised us on now to proceed with the search warrant and We then attempted to make contact with ****** and ******(wife) at the front door.

Ofc. Reynolds V156 knocked loudly at the door and announced police several times. ******(wife) eventually began speaking with us through the door. A short time later, ******(wife) opened the door and both dogs put their heads out the door as if they were going to exit the home and confront us. Ofc. McCain used his taser without a cartridge to arc and create noise to scare the dogs back. When the dogs backed up into the home I advised ******(wife) that she was under arrest and needed to exit the home. ******(wife) refused to exit the home and I grabbed her right wrist to pull her from the home. Her right hand was grasping the door and I had to forcibly remove her band off of it to pull her out. Once ******(wife) was outside of the home, I used a wrist look on her right wrist and moved her arm to her back. During this time, I heard the sound of glass breaking and noticed that ******(wife) had dropped her wine glass on the ground. I then passed off control of ******(wife) to other officers on scene and returned to the front door to attempt Contact with ******.

****** answered the door a short time later in the same manner as ******(wife), with the dogs in front of him. ****** was ordered numerous times to step out and keep the dogs inside of the home but he failed to comply, I advised ****** that he was under arrest for disorderly conduct and that he needed to step out but he still refused to comply. I also informed him of the search warrant for his home and he requested to see his copy. I handed his copy of the search warrant to him at that time and illuminated it through the partially opened door so that ****** could read the warrant. A short time later, I observed ****** transfer a semi-automatic handgun from his right hand into his left hand, on top of the Search warrant. At that time I drew my duty weapon and pointed it at where ******'s body would have been based on what I could see through the door. I loudly and clearly ordered him to put the gun down twice. At that time Ofc.

Reynolds V156 started giving Commands to the subject and I remained quiet so as to not confuse ******. ****** placed the gun on the ground and exited the home at that time and I grabbed his right wrist and turned it behind his back. I then detained him in handcuffs behind his back, which I double locked and checked for fit. I then escorted him to my patrol vehicle where I searched the pockets of his robe prior to seating him in the back and closing the door.

I then executed the remainder of the Search warrant to look for any other people actively creating a disturbance. Ofc. Reynolds V156 was able to nerd the dogs into the back yard via a doggy door and then block them out. I searched each room for people and located two people sleeping in a side bedroom. I shouted loudly multiple times announcing my presence as a police officer attempting to wake the subjects up. It took approximately 10-15 seconds of shouting to wake the two subjects up and identify them. The subjects were identified to me as **** **** (Son) and **** *****. I advised Erich why the police were in the home and what had happened with his parents. I also took photographs of the interior of the home as there were numerous broken wine glasses and puddles of spilled wine throughout the living room area. I also located a drawer that was standing open with an empty handgun holster in it.

Other officers assisted by transported both ******(wife) and ****** to the Pima County

Jail where they were each booked for Disorderly Conduct (ARS 13-2904) and Unreasonable Noise (TC 10-1-4). I later placed the recording of the telephonic

Search warrant onto a CD, along with the recording of the service of the Search warrant and the arrest of both subjects. This audio CD was placed into property as evidence. All digital photos were uploaded into DIIVIS as evidence. Please refer to the supplements of all other involved officers for details concerning their individual involvements. This concludes my involvement with this case,

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