Case No: 08ZF0035

FTO Hibbs Deputy Wicks
 Suspect Lares observed  Suspect shows Deputies
in dark large jacket in an open beer bottle
area of Brookhurst and  Refuses to be searched
Ball in area of Anaheim  Suspect resists a pat-
at 0200 hours down search; drops
trench coat and flees on
 75 degree evening; foot
seemed unusual  Foot pursuit ensues,
 FTO Hibbs and Deputy assisted by off-duty
LAPD officer; suspect
Wicks attempt taken into custody
consensual contact to  Suspect is contact tased
investigate during attempt to place
handcuffs on him

 Prosecuted by OCDA for
felon in possession of a
firearm, PC 148, PC 148.9,
HS 11357(b) for this
incident (sentenced to 32
months State Prison)
 Criminal History
Convictions:
 211 (SP prior)
 Multiple 148.9s
 Vandalism (misd)
 Domestic Violence (misd)
 X2
 245 (a) (1) (misd)

 Dep. Wicks assigned to September 1 - 30, 2007
FTO Hibbs
 Report #07/181334: September 13, 2007
 Hibbs Internal Memo: September 13, 2007
 Sgt. Gunzel’s memo: December 13, 2007
 OCSD Internal Crim Inv.: Dec 18, 2007 – Jan 23,2008
 Grand Jury Testimony: August 18, 2008;
August 21, 2008;
September 10, 2008
 OCSD Meeting: February 26, 2009
 Jury Trial: March 20, 2009 –
April 9, 2009

 FTO C. Hibbs (14 years)
 FTO B. Thomas (12 years)
 Deputy J. C. Wicks
 Patrol Trainee ( 7 years)
 Deputy T. Hoffman
 Patrol Trainee (7 years)
FTO Hibbs
 Sgt. R. Long (28 years)
FTO Thomas Deputy Wicks Deputy Hoffman Sgt. Long

Sgt. Long
(Not
present
until
conclusion
of the use
of force)
FTO Thomas
Arrestee Lares
FTO Hibbs
Deputy Wicks
Deputy Hoffman

 Report Includes:
 Authored by Deputy  Facts leading to consensual
Wicks
No documentation in original arrest report foot pursuit
encounter and
 indicating any second useof FTO Hibbs’ use of contact Taser
Reviewed by FTO force ie. Taser
Hibbs during handcuffing of arrestee at
the conclusion of foot pursuit
 Approved by Sgt. Long  Locating firearm in jacket
 Arrestee taken back to the patrol
right rear of that vehicle
 Abandoned jacket is searched and
a loaded 9mm semi-auto is located
 Suspect arrested for felon in
possession of firearm, possession
of marijuana, resisting arrest, false
identification to a police officer.

Documents
first use of
force; no
mention about
second use of
the Taser

 Supervisor at scene
 Signs off on Dep. Wicks’ crime report
 Never told about second use of force

 Lt. Gallivan inquires of Sgt. Gunzel about FTO
Hibbs and a transfer opportunity on December 13,
2007.
 Sgt. Gunzel shares with Lt. Gallivan that there is
“locker room” banter regarding FTO Hibbs and
the inappropriate use of a Taser on an arrestee.
 Lt. Gallivan then requests Sgt. Gunzel to gather
more information about that alleged incident.
 Sgt. Gunzel calls FTO Thomas at home and
interviews him over the telephone, which is not
recorded.

 Q: “Lieutenant Gallivan told you to
find out exactly what happened;
correct?”
 A: “Correct” (26, 15-17)

FTO Thomas

FTO Thomas
Deputy Hoffman

FTO Thomas
Deputy Hoffman

FTO Thomas
Deputy Hoffman

 FTO Hibbs placed on Administrative leave
December 17, 2007.
 Homicide Investigator S. Lang is assigned as
lead investigator into the matter on December
18, 2007.

 Inv. Lang conducts investigations of the following:
 Arrestee Lares: gave statement to Sheriff’s Homicide Investigators
 Sgt. Long: gave statement
 LAPD Andersen: gave statement
 Sgt. Gunzel: gave statement
 FTO Hibbs: refused to give statement
 Deputy Wicks: refused to give statement
 Deputy Hoffman: refused to give statement
 FTO Thomas: refused to give statement
 FTO Thomas’ patrol vehicle video system did not capture Hibbs/Wicks’ patrol
vehicle that was parked in front of the Thomas/Hoffman patrol vehicle.
 Thomas/Hoffman audio equipment associated with PVS was not turned on.
 Hibbs/Wicks' patrol video microphones on belt were not turned on.
 Dispatch call by Dep. Wicks recorded FTO Hibbs yelling at suspect.
 On or about January 23, 2008 the OCSD requests the OCDA to file felony
criminal charges on FTO Hibbs as follows:
 Penal Code section 149: Battery by a Public Officer under color of authority
without lawful necessity.

 OCDA reviews OCSD  Grand Jury convenes and the
reports following witnesses testify:
 Arrestee Lares
 OCDA schedules Grand Jury  LAPD Officer Dan
proceedings to conduct a Andersen
criminal investigation to  Deputy Bryan Thomas
determine if FTO Hibbs used  Deputy James Wicks
excessive force on September  Deputy Trenton Hoffman
13, 2007 with respect to the
 Sgt. Robert Long
second Taser incident.
 Investigator Stacy Lang
 Forensic Scientist Tara
Christian
 Deputy Theodore Wilder
 Chandler Garrett, Taser
International

 Grand Jury Finds as
True:
 Count 1: that Deputy
Hibbs committed
assault and battery on
arrestee under color
of authority
 Count 2: that Deputy
Hibbs used unlawful
force with a Taser on
arrestee

 Q: “Did you ever notice the suspect that was in the
back rear of the patrol unit become physically
uncooperative?”
 A: “Physically as in combative? I did not see
that.”(158, 20-24)
 Q: “Did he ever appear to you to be flailing while in
the back of the patrol unit?”
 A: “I would say fidgeting, just moving around
readjusting himself.” (158, 25-26; 159, 1-2)
 Q: “Do you recall before Deputy Hibbs used the taser
gun, Deputy Hibbs asking this subject for his name?”
 A: “Yes.” (181, 7-9)

 Q: “Did you see anything in your mind that would
have justified using a taser at that point in time? Did
you personally see anything?”
 A: “From the perspective that I was, I did not.” (169,
10-12)
 Q: “You didn’t see the subject coming towards the
officer right? His head wasn’t coming towards
officer?”
 A: “No.” (169, 19-22)
 Q: “The subject from as far as you can tell wasn’t
kicking at the officer, or could you see that if that did
happen?”
 A: “I assume I would see upper body movement with
the kick. I didn’t see that.” (169, 23-26; 170, 1)

 Q: “And at some point after the final
taser sound that you heard, what was the
next thing that you recall happening?”
 A: “Well, at that point it was in my mind
that this is enough, we have to stop this.
And at that point, he put his taser away
and that part of the incident ended.”
(174, 13-18)

 Q: “And do you recall what the response was by the
subject before he was tased?”
 A: “He refused to give it. But I don’t remember what
he said.” (181, 7-13)
 Q: “Do you recall Deputy Hibbs saying anything
about give me your true name or anything like that
before he tased him.”
 A: “Give me your name or what is your name or
something to that effect, you know. I won’t quote him
because I don’t remember exactly what was said. But it
was him trying to get the guy’s name out of him.”
(181, 14-20)

 Q: “You were never told the subject kicked Deputy
Hibbs, right?”
 A: “Correct.” (182, 20-22)
 Q: “You were never told that the subject came at Deputy
Hibbs?”
 A: “Correct.” (182, 23-25)
 Q: “OK, and how was Deputy Hibbs behaving before he
used the taser gun when you noticed that the subject was
not giving his name to him?”
 A: “He appeared frustrated.” (182, 26; 183, 1-3)
 Q: “That night did Deputy Hibbs explain why he tased
the suspect?”
 A: “No” (206,8-9)

 Q: “When you placed suspect Lares in the back
of your patrol car, his feet were inside the
patrol car?”
 A: “Yes, sir.” (25, 8-11)
 Q: “You don’t let a defendant who you just
arrested dangle his feet outside the patrol car,
do you?”
 A: “No, sir.” (25, 13-15)
 Q: “He’s placed in the footwell in the rear
passenger side of your patrol car?”
 A: “The subject, yeah.” (25, 21-23)

 Q: “And at some point in time you looked up and
saw now the rear passenger door was open and
Deputy Hibbs was standing right in front of that
passenger door?”
 A: “Yes, sir.” (34, 17-20)
 Q: “And so you’re facing basically the patrol car,
and the first thing in front of you is the trunk of the
car with the gun on top of it?”
 A: “I was on the side. The car was parked along
the curb, so I was standing on the curb on the side
of the car at the trunk.” (35, 24-26; 36, 1- 3)
 Q: “Passenger side or driver’s side?”
 A: “Passenger side.” (36, 4-5)

 Q: “Why do you believe it was Deputy Hibbs’
taser that was deployed upon suspect Lares in
the back of the police car.”
 A: “Well one, I mean, I just know it was Hibbs.
There was no one else there. That’s why we’re
here.” (39, 10-14)
 Q: “He told you he tasered arrestee Lares in
the back of the police car, did he not, at some
point in time?”
 A: “No, he never told me he did. I mean, he
didn’t have to. I knew he did.” (39, 22-26)

 Q: “Did Deputy Hibbs tell you that suspect or
arrestee Lares was resisting arrest in the back of
the police car when he was tasered?”
 A: “Did he tell me that?”
 Q: “Yes.”
 A: “No.” (40, 15-20)
 Q: “Did you ever observe arrestee Lares resisting
arrest or struggling in the back of the police car
after he was handcuffed?”
 A: “Did I observe? “
 Q: “Yes.”
 A: “No, sir.” (40, 21-26)

 Q: “Did you hear arrestee Lares what you would
consider struggling or physically resisting arrest in
the back of the police car when Deputy Hibbs
tasered him?”
 A: “Did I hear him—no. I heard him being tased.”
(41, 1-5)
 Q: “Thinking back right now, did arrestee Lares
do anything to justify being tasered in the back of
the police car while he was handcuffed?”
 A: “No.”
 Q: “You’re sure of that?”
 A: “Yes, sir.” (41, 6-11)

 Q: “In that graveyard shift change when the talk is
going on among the fellow deputies, locker room
banter is how it’s been described of Deputy Hibbs
tasering. It was– the banter was not about tasering
him out at the scene when he was struggling when
you had to capture him and handcuff him, the
banter was about tasering him in the back of the
police car, was it not?”
 A: “Yes, sir.”
 Q: “What things were said by anybody?”
 A: “What’s your name, what’s your name, clack,
clack, clack, clack. Tell me your name, clack, clack,
clack, clack.” (41, 12-23 )

 Q: “Deputy Hibbs laugh about that
one?”
 A: “His locker’s not in my row, so I
don’t know.”
 Q: “There had to be a bunch of laughter
going on about that one?”
 A: “Yeah. I don’t know specifically if it
was him or not.” (41, 12-26; 42, 1-3)

 Q: “Deputy Hoffman was right next to you, so he had to hear
what you heard? Your best guess?”
 A: “Yeah, he was right next to me.” (44, 1-3)
 Q: “And during that entire period of time, did arrestee Lares do
anything that would necessitate the use of the taser on him while
he was handcuffed in the back of the police car?”
 A: “As far as I know, no.” (46, 16-20)
 Q: “And Deputy Hibbs basically approved your police report for
Lares that evening?”
 A: “Yes, sir.”
 Q: “So, he didn’t say put in the fact that I tased Lares in the back
of the police car, did he?”
 A: “No, sir.”
 Q: “Did he ever talk about that?”


 Q: “Was there kind of, hey, you’re both trainees, we
can’t say anything, we just need to keep quiet about
this. Was it that kind of an attitude out there?”
 A: “I mean, I was a trainee. It wasn’t my place to open
my mouth. You know, the other two guys, Deputy
Thomas, Deputy Hibbs, they’re experienced patrol
guys and training officers.” (49, 24-26; 50, 1-4)
 Q: “Did you ever ask Deputy Hibbs if that was proper
to administer it that way?”
 A: “I did not.”
 Q: “You already knew it wasn’t proper; is that
correct?”
 A: “Yes, sir.” (52, 24-26; 53, 1-3)

 Q: “Were you near that police car at any point in time where you
heard the Taser being deployed?”
 A: “I don’t remember.”
 Q: “Could it have happened, but you just don’t remember?”
 A: “Yes, sir.” (103, 2-7)
 Q: “Did you ever hear anyone use this model X26 at any time
after you arrived on Ball Road and Brookhurst?”
 A: “No sir.”
 Q: “Did you ever hear the sound of the clacking noise that you
used - - that you demonstrated for us at any time after you arrived
on the morning of September 13, 2007?”
 A: “I don’t remember, sir.”
 Q: “Did you ever recall seeing Deputy Hibbs approach anyone
with a model X26 in his hand?”
 A: “I don’t remember, sir.” (95, 13-23)

 Q: “Deputy Wicks said you were standing next
to him when the taser was initiated against the
arrestee in the back of the police car.”
 “Now with respect to that, I’m going to ask you
to search your memory right now, do you
remember hearing the Taser being deployed on
when the suspect was in the back of the police
car? “
 A: “No, sir. I don’t remember.” (102, 18-25)

 Q: “When you spoke to Deputy Thomas, did you ever
discuss with him anything that you had seen occur in
the patrol unit that Deputy Wicks and Deputy Hibbs
were driving?”
 A: “No sir.” (96, 2-5)
 Q: “Do you recall Deputy Thomas asking you whether
or not you saw what had happened at that particular
call the morning of September 13, 2007.”
 A: “No, sir.” (96, 10-13)
 Q: “Did you ever acknowledge to Deputy Thomas that
you had seen Deputy Hibbs use a taser on someone
who was handcuffed in the rear seat of his patrol car?”
 A: “No, sir.” (96, 14-17)

 The way Dep. Hoffman answered several
questions about the Gunzel memo
 A: “Sir, I know the memory you’re talking
about in question, sir, and I don’t remember
talking to Deputy Thomas all about Deputy
Hibbs tasing a handcuffed inmate in the back
of the car. I would remember talking to him
about that sir.” (107, 20-26)

 Q: “…the grand jury is looking into the fact that
we have some other deputies describing some
specific conduct by Deputy Hibbs. And I’m trying
to find out are they just mistaken about what
they’ve viewed, because you can’t corroborate
anything they’ve told us - - or is it the fact that
maybe your memory - - you just don’t remember
that event that well that night?”
 A: “I don’t remember that event that well. If
Deputy Wicks and Deputy Thomas gave you guys
testimony, they are men of integrity and I know
what they said is what they believe in and
remember.” (111, 18-26; 112, 1-2)

 Q: “We’ve heard both of the other deputies, both Thomas and
Wicks talk about some locker room activities going on. And one
of them was - - not verbatim, but basically give me your name,
clack, clack, clack, clack, meaning give me your name, and then
the taser being applied?”
 A: “Yes sir.”
 Q: “In reference to Hibbs, have you heard that?”
 A: “Have I heard that rumor, sir?”
 Q: “Not rumor. Did you hear that in the locker room, those
conversations by other deputies?”
 A: “I don’t remember. I don’t remember anything specific. I do
remember hearing, he had used a taser on someone that was
handcuffed in the back of a car and he got talked to by the
Sergeant and then the Lieutenant talked to him, but I cannot give
you any specific rumors or jokes or anything that was going on
about the department in the locker room. I was just trying to pass
training. I didn’t want to go back to the jail.” (110, 5-22)

 Q: “When someone deploys a taser in the field, is
there some type of procedure that a patrol officer
must follow to document the use of that taser in
the field?”
 A: “There is.”
 Q: “What procedures must a patrol officer
follow?”
 A: “They should document in their report their
reason for use of the taser, justification for the use,
and where it was used - - following to make sure
that the patrol sergeant is notified.” (124, 21-26;
125, 1-4)

 Q: “When you spoke to Deputy Hibbs the early morning
hours of September 13, 2007, did he brief you about what
had happened earlier that morning?”
 A: “Yes, sir, he did.”
 Q: “What did he tell you?”
 A: “He told me that he conducted - - he and his trainee
conducted a ped stop on a suspicious person who was
standing on the sidewalk, I believe who had a heavy coat on
and I believe who had a can of beer in his hand. And when
he approached the individual was somewhat uncooperative.
He attempted to pat him down for weapons, and at that
point in time, the person got away from him, he ran away
from him. As he ran away from him, he stripped him from
his jacket. Apparently he must have had enough hold on
his jacket to hold it and the guy basically ran out of his
jacket.”(131, 23-26; 132, 1-11)

 Q: “Did Deputy Hibbs ever tell you that - - first of all,
did Deputy Hibbs ever tell you that how many times
he, Deputy Hibbs, had tased the suspect while taking
him into custody?”
 A: “No, he did not. I don’t remember for sure. All I
know he said is that they were wrestling with the guy.
He was trying to get a taser on him. I don’t know how
many - - if the tase was more than once or not.”
 Q: “Did Deputy Hibbs ever tell you he tased this
particular individual back in the patrol unit area where
this individual was currently located when you were
out on the scene?”
 A: “He did not.” (132, 23-26; 133, 1-9)

 Q: “If that had happened, that he tased
someone in the back of the patrol unit
that’s handcuffed, is that something that
was required to be documented in a
report?”
 A: “Absolutely.”
 Q: “Is it policy for the person who
actually uses the taser gun on a suspect
to document it in their own report?”
 A: “Yes.” (133, 14-22)

 Arrestee Lares
 He admitted during his grand jury testimony that he
committed the crime for which he was arrested,
including carrying a loaded firearm
 His grand jury testimony also corroborated that he
was Tased in the back of the patrol car while
handcuffed.
 Taser download records produced by OCSD
confirm that the Taser was activated nine
minutes after the first activation. (corroborates
witnesses testimony on second Taser
activation).

 OCSD Meeting Participants:
 Captain D. Nighswonger
 Lt. Toni Bland
 Investigator Stacy Lang
 I/A Investigators including
Gabrielle Peloquin
 2 I/A Sgts
 OCDA Meeting Participants
 ADA Mike Lubinski
 DDA Israel Claustro
 Inv. Eric Ackerlind

 Pre-trial meeting to coordinate upcoming trial
 Agreement that this trial would be presented as
a joint prosecution by OCSD and OCDA
 Request for OCSD to provide expert witnesses
for use of force and report writing
 Discussion of Sheriffs’ witnesses “going
sideways”
 Both parties felt it was important to have a
Sheriffs’ presence at trial
 Lead Investigator
 Internal Affairs
 Both OCSD and OCDA communicated
regularly with each other from beginning to

 During the trial:
 Lead Investigator S. Lang was investigating
officer and was present during the entire trial
working together with the prosecuting
attorney.
 Internal Affairs present during large portion
of trial.

GRAND JURY JURY TRIAL
 He placed Lares in rear passenger
side of patrol vehicle:
Feet were in foot well of backseat,
 Q: Did you ever
see person

not dangling.
 Lares was not aggressive or actually resist
combative or trying to get out. while he was
 Never saw Gomez Lares resist seated in rear
arrest or struggle while
handcuffed in back of the patrol passenger seat
vehicle. (40, 21)  “I did not see,
 Never heard Lares struggle or
physically resist in the back of the sir, no.”
police car when Hibbs tasered  “I couldn’t see
him. (40, 26)
inside the
 Could see back of Lares through
rear window though it was dark. vehicle sir.” (54)
(67, 14-17)
 Lares was pleading mercy from
deputy Wicks/Hibbs. (33, 11-12)
 Lares was crying and complained
of having difficulty breathing

GRAND JURY JURY TRIAL
 Lares did not do anything to
justify being Tased in the back
 Did not see arrestee
of the patrol vehicle while become combative,
handcuffed.
but “could not see
inside the patrol
 Was sure of it. (41, 8 -11) vehicle.” (54, 18-22)
 Lares did not deserve to be  Lares did not
Tased. (51, 20) become aggressive
 Knew it wasn’t proper to use with FTO, but “I
Taser on Lares. could not see sir.”
Didn’t know what was going (55, 4) “I didn’t hear
anything.” (55, 6)

on, thought it was a little
ridiculous. (51, 20)  Did not see FTO
“Lares was in the back of the car
holding Taser, but

“could not see inside
handcuffed.” the patrol vehicle.”
 “I mean, we could have got his (54, 3)
name another way.”(51, 25)

GRAND JURY JURY TRIAL
 “I was on the  “I was at the rear of the
side. The car was vehicle.” (43, 5)
parked along the  “I was standing right behind
curb, so I was the vehicle.” (referring to the
standing on the area just behind the license
curb on the side plate) (45, 16)
of the car at the  “I should have been closer to
trunk.” (35, 24 the right rear of the patrol
and 36, 1-8) vehicle for officer safety.”
(45, 2)
 Dep. Hoffman was  “If I said the side, I meant on
right next to him the side of the curb at the
(Wicks) (44, 3) rear of the vehicle.” (78, 6-10)

GRAND JURY JURY TRIAL
 Did FTO review police
 Did not document second report?
use of the Taser on Lares  If gave FTO a copy of
while he was handcuffed police report? (84, 14)
in the rear of the patrol  “I don’t recall” (84, 19)
unit.  Again, I’m not sure that
 Wicks wrote reports, [FTO] read the report. I
Hibbs would approve can’t say for certain he
them. (47, 15) did. Some reports he
read, some he didn’t. (122,
 FTO Hibbs approved 5) (119, 17)
report for that evening.  Did FTO approve police
(48, 13) report?
 FTO Hibbs did not say  “I don’t recall” (133, 25)
“put the second Taser use  “Not say for certain” (134)
in police report.”  Wicks admitted he told
 “Don’t know that I saw Grand Jury that Wicks
the second Taser use, but I would write all paper, FTO

 If you use force, you write use of force report. (81, 13)
 Admits documenting the first Taser use.
 Explains he did not document the Taser use while
Lares was handcuffed in rear passenger seat of patrol
vehicle because he “didn’t see it.” I couldn’t write on
that. I couldn’t see it. I couldn’t write on something I
couldn’t see. (80, 24) (137, 17)
 Intentionally left it out of police report, because he
didn’t see it. (112, 11)
 No justification for Taser use,NOTE:not see anything. (81)
did Sgt. Long testified during
 He couldn’t see from exactly where he September 6, 2007a
trial that on was. (160) If
report needed to be written, I(One week prior to incident) FTO
assumed Dep. Hibbs
would’ve written it. (160) Hibbs instructed Deputy Wicks on
 It was not important to document Use of Forceuse in the
OCSD
the taser Policy and
back of patrol vehicle. (158, 21) (161, 1) the document.
signed off on

Sgt. Long
(Not
present
until
conclusion
of the use
of force)
FTO Thomas
Arrestee Lares
FTO Hibbs
Deputy Wicks
Deputy Hoffman

GRAND JURY JURY TRIAL
 If in a training team,
 It is policy that the deputy who did not
person who actually actually use the Taser
uses the Taser gun could document Taser
on a suspect use. (133, 24 and 134, 1)
document it in their  Deputy who actually
own report. (133, 22) uses force DOES NOT
have to personally
document it, report
writing deputy may
document the use of
force. (170)

GRAND JURY/TRIAL WICKS TESTIMONY
(GRAND JURY AND JURY
TRIAL)
 Did not see or hear
Taser being activated  Hoffman stood right
after he arrived on
scene. (95) next to Wicks when
 Did not see or hear the Taser went off,
Taser being deployed and Wicks could hear
on the person in the it. (59, 25); (40, 20)
back of the patrol unit
(95).
 GJ: Best impression  He was right there.
was that he was not
around when it
happened. (103, 13)

Sgt. Long
(Not
present
until
conclusion
of the use
of force)
FTO Thomas
Arrestee Lares
FTO Hibbs
Deputy Wicks
Deputy Hoffman

 Q: “Didn’t you tell investigators on that day when
they asked you about this memo, he was upset,
meaning Deputy Thomas, and maybe it was my
assumption that Deputy Hibbs tased the guy because
he was upset?
 A: “I was trying to reconcile with myself how - -
 Q: “Did you say that or not, sir.”
 A: “Yes.”
 Q: “So it may have been your assumption that Deputy
Thomas thought he knew the reason for the use of that
taser?”
 A: “Yes.”
 Q: “Not a fact. An assumption; correct?”
 A: “I believe so.” (38, 13-25)

 Q: “He told you Mr. Lares got tased; right?”
 A: “Yes.”
 Q: “He told you Deputy Hibbs was upset?”
 A: “Yes.”
 Q: “But that nexus, that connection, he did this tasing
because he was upset is not something that Deputy Thomas
told you, is it?”
 A: “No.” (39, 13-20)
 ….
 ….
 Q: “That was another assumption, was it not?
 ….
 A: “Yes.”
 Q: “An assumption. Not a fact; correct?”
 A: “Yes.” (40, 1-9)

Sgt. Long
(Not
present
until
conclusion
of the use
of force)
FTO Thomas
Arrestee Lares
FTO Hibbs
Deputy Wicks
Deputy Hoffman

 Penal Code Section 118.1: False Report Filed by
Peace Officer
 Penal Code Section 118: Perjury

 Omission in police report does not make it a
violation of Penal Code section 118.1.

 Elements:
 Under oath;
 When the defendant testified, he willfully stated that the
information was true, even though he knew it was false; and
 The information was material.
 No person shall be convicted of perjury where proof of falsity
rests solely upon contradiction by testimony of a single person
other than the defendant.
 Even if the statement at issue is made under oath, and is material
to the proceedings, it still must be proven that the witness “states
as true any material matter which he or she knows to be false.”
 In situations where the sworn testimony concerns opinions,
estimations, or recitations of events, these elements are often