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
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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
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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
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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 /
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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