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HomeMy WebLinkAboutAGENDA REPORT 1998 1216 CC REG ITEM 10MMoorpark Police Department MEMORANDUM TO: John Nowak, Assistant City Manager FROM: Kory Martinelli, Senior Deputy DATE: December 9, 1998 SUBJECT: El Rodeo Bar and Restaurant Update ITEM qua, ion (95� CITY OF MOORPARK, CALIFORNIA City Council Meeting of 12 -N*-qg ACTION: Conk►•nUed ko (- 20 •qq pi recf-ed 5fa 4 +b %-heJule y f ecfal Cornrhur%s Devei. Cornlm1ee rnt-q ,IV. You have requested an update of police involvement regarding the El Rodeo Restaurant and Bar since November 18, 1998 through December 9, 1998. There have been no further incidents or police contacts since my last memo addressed to you on November 24, 1998. My last memo has been attached for your information. 000293 Moorpark Police Department MEMORANDUM TO: John Nowak, Assistant City Manager FROM: Kory Martinelli, Senior Deputy DATE: November 24, 1998 SUBJECT: El Rodeo Bar and Restaurant On Monday, November 23, 1998, Captain Lewis and I were briefed by Deputy Aguirre regarding a disturbance call at the El Rodeo Restaurant that happened that morning just after midnight. (See Attachment Report) The disturbance had the potential to be a major incident and caused concern on our part. On Tuesday, November 24, 1998, Captain Lewis and I met with the owner, Javier Hernandez, and operator, Isias Ruacho to discuss our concerns. We were assisted in our conversation by Detective Robert Thomas who translated for us. We discussed our concerns and reduced them to writing in a letter dated November 24, 1998. (See Attached Letter) 000294 ?HERIFFS '� � J CRIMIE: / INCIDENT REPORT VENTURA COUNTY L 3ARTMENT AGENCY IDENTIFIER CA056C Page i of 3 1 CONNECTING REPORT NUMBERS 2 R0. 3 BEAT 4 RB NUMBER 5/0312a 78- ?cR —75 Ly s 0 CRIME INCIDENT 0 SUPPLEMENTAL s 0 DOMESTIC ❑ CHILD ABUSE 0 CASE CLEARED 0 ❑ HATE ❑ GANG ❑ ELDERLY ABUSE ❑ 7 CODE SECTION / DESCRIPTION (INCIDENT) a CLASS. 9 CODE SECTION / DESCRIPTION ( ❑ Reclassify To) to CLASS. C3 Mlsd, r`�OSSif3LE ASSUACT l,/I if/4 ✓ ❑ FeL ❑ Misd. 11 CODE SECTION / DESCRIPTION (INCIDENT) wz A Pprf 12 CLASS. 13 CODE SECTION / DESCRIPTION (❑ Reclassify To) ❑ Fel. ❑ Mlsd 14 CUSS. ❑ Misd. ❑ Fel. Fel. 15 OCCURRED , MO. DAY YR. TIME 1a DOW 17 OCCURRED Mo. DAY YR TIME 1a DOW FROM TO t l I Z3 19 8 11 21 5 r� o rJ 1 1 23 9 6 1 23 0 M o m 19 LOCATION OF OFFENSE / INCIDENT ADDRESS CITY STATE Zip w. �-1 t G t-t s i. M o o tz rP A a K C- ^ 930 2 20 CODE V'- VICTU W - WITNESS ' " '-. R - REPORTWG,PAR_TY =PARTY . - yam - ~ CODE z1 22 NAME (Last. First. Middle, Gen.) / FIRM NAME AKA / Moniker~ RACE SEX zs HT WT z7 HAIR Zs EYES ro DOB 3oAGE �. EL 2ooL 23 24 - — — — 31 RESIDENCE ADDRESS / (0 Same as Box A ) Cf1Y STATE ZIP 32 RESIDENCE PHONE 33 BUSINESS / SCHOOL NAME ADDRESS / (11 Same as Box * ) CITY STATE ZIP 34 BUSINESS PHONE -79 W . f-l)G ST. M00/Z P�+(L.) CA 93!Da/ ( ) U,✓4 35 OCCUPATION (0 STUDENT) 3a DAYS OFF 37 WORK HRS 3a INTERPRETER 39 OPERATOR'S UC. NO. / STATE 4o VEH. L1C. NO. / STATE 41 VEH. COLOR / YEAR / MAKE / MODEL ! BODY STYLE 42 OTHER CHARACTERISTICS / VIN NO. CODE 44 NAME (Last, First, Middle, Gen.) / FIRM NAME AKA / Moniker RAC SEX a HT y WT .o HAIR sa EYES s1 DOB sz AGE uO NE2n/q,�ptZ J q�lc 2 }i M Sll`, 200 82J 132 3 -y -SB I S'o 53 RESIDENCE ADDRESS / (OSame as Box ) CITY STATE ZIP 54 RESIDENCE PHONE y3/ M/GL 4/Z0 AVi_• MOJ/ZP�lL1L e.4 93021 02S ) S'Z9 —(o�,z 55 BUSINESS / SCHOOL NAME ADDRESS / (15 Same as Box S 1 ) CITY STATE ZIP se BUSINESS PHONE ) J J y- 57 OCCUPATION (p STUDENT) Sa DAYS OFF so WORK HRS so INTERPRETER e1 OPERATOR'S U_ C NO / STATE 4 SPA -31 62 VEH. UC. NO. / STATE 93 VEH. COLOR / YEAR / MAKE / MODEL / BODY STYLE a4 OTHER CHARACTERISTICS / VIN NO. B' 7S' n/ 90 r 3 es ARSON BURGLARY ea THEFT FORCE /WEAPON 72 SPECIAL INTEREST ❑ Ingle Fam. Resd. Residential Auto Parts 0 Force (Copy to Agency/Unrt) ❑ I abRed ❑ ehide 0 icycle ❑ No eapon ❑ Domestic Violence ❑ Un habited ❑ C mercial ❑ F Bldg. ❑ Verbal my ❑ Sex Crime 0 Sto e 0 0th ❑ Coi achine ❑ Attempt 0 Child Abuse C : OSA 0 Indust 'al 0 From rson CI Great Bodily 'ury ❑ Gang Related 0 Comme 'al ❑ From Ve ide 0 Firearm ❑ Hate Crime ❑ Other St ture e7 ROBBE 0 Purse Sna 0 Knife ❑ Agricultural ❑ Public Pla C Bank 0 Shoplift ❑ Hands/Fsts/Feet ❑ Probation ❑ Parole 0 Vehicle 0 Chain Store ❑ Other ❑ Other 0 Other 0 Unlawful Fire ❑ Commercial ❑ Forest 0 Gas Station ❑ Injury Occurred 0 Highway se VALUE / DOLLAR LO 71 DOMESTIC VIOLENCE / SEX / HA CRIMES 0 Other 0 Residence $ 0 D.V. and/or S. A. Pamphlet given to: Victim ❑ P -1 0 P -2 0 Other V_ ALOE/ DAMAGE LOSS ❑ Pursuant to Sec. 6254 G.C., victim of , ex or Hate Crime requests their name be withheld m the ub' . ❑ YES 0 No 73 DATE AND TIME REPORTED 74 DA rE f TIME OF REPORT 7s REPORTING OFFICER / 10 NOJ OIVJ UNIT PRO / 3-7B /ZIS Il Z3 -Id /Z.Yy A•AGU12rLC'. 2"?6 -:-5 EC.PJ n .�,...- n ..o.. n ��. ���.. n ��.�� "n ....�..., n ..... n.....ter n CRIME./ INCIDENT REPORT VE IRA COUNTYSHERIFF'S DEPARTME', CONTINUED) ,ENCY IDENTIFIER CA0560000 Page 2 of ADDITIONAL NAME (Complete Front Page First) 73 RB NUMBER '510 -1Z-7 Sy COO =NANIr- st , First. Middle, Gen.) 1 FIRM NAME AKA ! Monl9af RACE HT ss WT as HAIR PEYE sa DOB i �AGE 30 S2 W 90 RESIDENCE ADORE (❑Same as Box ) CtTY STATE ZIP SIDENCE PHONE ) 92 BUSINESS / SCHOOL NAME RESS / ('J Same as Box _� CITY STATE ZIP 93 BUSINESS PHONE ) 94 OCCUPATION (C STUDENT) 95 DAYS OFF 96 WORK HRS 97 INTERPRETER 9a OPERATOR'S LIC. NO. / STATE 39 VEHICLE LIC. NO. I STATE I 100 VEH. COLOR / YEAR ! KE 1 MODEL i BODY STYLE I tat OTHER CHARACTERISTICS /VIN NO. 1 102 DOMESTIC VIOLENCE (PC 13700, 13730) • COMPL #70 & 71 ON FRONT PAGE 103 1 RESPONDED TO A CALL INVOLVING A DOMESTIC INCIDENT 104 RELATIONSHIP OF PARTIES ❑ Parties involved are described in 13700 (B) PC and - SPOUSES ' FORMER SPOUSES i Incident was verbal only, no evidence of crime, physical violence or traumatic condition ex1 , d. DATING/ ENGAGED �: FORMER DATING I (beef narrative required) or COHABITANTS n FORMER COHABITANT PARENTS OF CHILD FROM RELATIONSHIP J A misdemeanor ( PC ) occurred and no prosecution was desirea by any involved party. 105 9 OF PR RESPONSES? L� A felony Ci A misdemeanor arrest was made for ( PC) ALCOHOUO G USE BY ABUSER? =Yes = No Ica BICYCLE INFORMATION 1 107 ❑ STOLEN 0 LOST (Safekeecina. Found. Recovered Evidence [L - Prnnartv/ 0---j :ca ❑ Boys ❑ ATS ❑ Road ❑ Hybrid COLOR 110 MAKE/ MOOEL FRAME SIZE WHEEL SIZE G v4 SERIAL MBER ❑Girls ❑ Juv. ❑BMX ❑Cruiser 112 3 ! If crime report, include brief description below (establishing elements of crime.) Use Narrative Report for details of crime List stolen /lost pro 11a NARRATIVE (use format below.) Enter total value/dollar loss on x99. All suspect information on Suspect Report. 119 PROPERTYCLASSIFICAr10NC00ES PROPERTY CODES A• CURRENCY I NOTES 0- vEHICLE G•FIREARMS J- UVESTOCK SP . STOLEN PROPERTY e • JEWELRY I PRECIOUS METALS E - OFFICE EQUIPMENT H . HCUSEHOLO LOCOS K . MISCELLANEOUS LP • LOST PROPERTY C - CLOTHING I FURS F• ELECTRONIC EQUIPMENT I . CONSUMABLE LOCOS 120 1 121 122 123 ITEM 1 124 BRAND /MAKE 125 MODEL/ NAME 126 MISC. 127 IDENTIFICATION / I126 VALUE ' CODE j ITEM QTY. NAME MANUFACTURER OR NUMBER DESCRIPTION SERIAL NUMBER !/ I I I SEE 7r P� n N ►Z��, �� �o,z i �, ►-_� 000296 NARRATIVE REPORT vENTUr COUNTY SHERIFF'S DEPARTMENT, I R.D. 2 BEAT 3 RB NUMBER Page of 3 �Condnuadon AGENCY IDENTIFIER CA0560000 SI �3 � Q _9e..9 � I S �( s s REM a BRAND /MAKE a MODEL NAME +a MISC. 11 IDENTIFICATION/ u VALUE CODE REM OTY. NAME MANUFACTURER OR NUMBER OESCRIPTION SERIAL. NUMBER On 11/23/98, at approximately 1220 hours, I was dispatched to an assault with a deadly weapon that had just occurred, at the "El Rodeo" bar (79 West High Street). Dispatch advised a female that was seven months pregnant, had just been kicked in the stomach. Upon my arrival, I saw approximately ten subjects, on the sidewalk, in front of the bar. One group of subjects walked eastbound on High St. and the other group walked inside the bar. As I got out of my patrol unit, I yelled at the subjects walking away to stop, but they continued walking. I went to the front door of the business and noticed that they had locked the door, to prevent me from entering. I could see people running around inside the bar, yelling in Spanish, "the police are here!" I was the only unit at the scene, and ty back up unit was coming from Thousand Oaks. I used my flashlight to bang on the door so someone would open the door. I was not sure if the victim was possibly still inside. The fire department was staging at the corner. An unknown male unlocked the door. I yelled out to approximately five subjects that were in the bar and asked where was the pregnant lady that had been assaulted. The subjects just looked at me and did not answer me. I could hear a female voice yelling from the back room. Two men where telling her to "shut up ". As I started to walk toward the back, she came out and told me, that the women involved in the fight had all left before my arrival. She did not have any visible injuries and she was not pregnant. I tried asking several people what had happened, but they were all uncooperative. I asked a security guard that was in uniform, what had happened and he replied, "it was just a Fight". I had a difficult time conducting my investigation because all the subjects were uncooperative, including the owner. I stepped outside and talked to the fire captain about the incident. I advised him that all the parties involved had left. The owner came out and was trying to listen to our conversation. I asked him for his identification. As he was looking for it, he appeared to be upset with me. He told me nothing had happened and that I was harassing him. I explained to him, that I was dispatched to a fight here. Hernandez said he did not have his identification. I obtained his information verbally. I could smell a strong odor of an alcoholic beverage on his breath and person. There were several intoxicated subjects loitering outside the bar. One subject was demanding that I drive him home. Hernandez then became upset and told me that I was calling people names in Spanish. I advised him that he had too much to drink and for him to go back inside. I drove around the business and area, but could not find anyone that could have been involved. 13 OATS / TIME OF REPORT II-ZI -l'(5 I I L, S 1 ♦ REPORTING OFFICER 110 NO I ON I UNIT Is 000297 November 24,1998 Javier Hernandez, Owner El Rodeo Restaurant 79 High Street Moorpark, Ca. 93021 Dear Mr. Hernandez, MOORFAAK POLICE DEPARTMENT BOB BROOKS SHERIFF / CHIEF OF POLICE On November 24, 1998, Captain Mike Lewis, Detective-Robert Thomas and I met with you and several of your employees to discuss a disturbance call that we responded to on November 23, 1998. We also conducted a follow -up inspection of your business to observe the crime prevention measures you were required to make pursuant to your conditional use permit.The following is a synopsis of our concerns and recommendations: Background: On November 23, 1998, at 12:18am, deputies were dispatched to a report that a female who was seven months pregnant had been kicked in the stomach during a fight at your business. Upon arrival the first deputy on scene observed approximately 10 subjects in front of your business. Half of them walked eastbound on High Street and the other half walked into the bar and locked him out. It was only after demanding entry and banging on the door that he was let inside. Once inside he asked for information to determine where the victim was and nobody in the bar would answer him He heard several subjects in the bar telling a female to "shut up" when she tried to answer the deputy. Furthermore, the deputy reported that the owner, Javier Hernandez, was uncooperative and accusing the deputy of harassing him Observation #1: Several subjects entered your bar when it should have been closed at midnight. Recommendation #1: At 12:00am you business shall be closed and all doors locked to prevent patrons from entering your establishment. The only people allowed inside after hours shall be your employees. 26 Flory Avenue, Moorpark, CA 93021 Phone: (805) 532 -2700 0 Fax: (805) 532 -2713 000298 Observation 42: One of the subjects entering your establishment after hours was able to lock the door from inside preventing the deputy from entering. Recommendation #2:The door in question, which is the far east front door, has a "privacy type" twist lock on the door knob. This tvpe of door knob shall be removed and replaced with a keyed -only lock allowing only the manager or his designee control of the doors. All doors to the front shall have keyed -only locks to prevent such an occurrence from Observation #3: When asked for information in providing public safety, employees and the owner were not only reluctant to offer information, but seemed to be intentionally unwilling to cooperate. Recommendation #3: In order to ensure the safety and protection of your patrons, personnel and property, it is imperative that you and your employees cooperate with deputies, especially when they are conducting an investigation. Failure to do so not only gives the perception that you condone problems in your establishment, but depending on the level of uncooperative effort, could result in interfering with public safety, which has both criminal and civil liability issues. Observation 9-4: The rear doors to your business, while equipped with the proper locking mechanisms, should be alarmed to alert management to the unauthorized opening of the rear doors. Recommendation #4: On each of the rear doors an audible alarm should be affixed in such a way that alerts employees with an audible ring or buzz to unauthorized opening of the rear doors. It is also recommended that a sign (English and Spanish) be posted on each door advising that opening the door will activate an alarm and that the door is an exit Observation #5: The front window to the bar area still had a neon `Budweiser" sign in it which was visible to the exterior. Recommendation #5:The sign shall be removed from the front window pursuant to Condition 12 which states there shall be no alcoholic advertising directed to the exterior o any kind. I am available to answer questions and to offer advice. You can reach me at 532 -2707. At your service, Kory Martinelli, Senior Deputy Community Policing Coordinator 00'0299