Burgos and Carrillo began to yell to Marquez that their intention was to help her, and that she should put the gun down and exit with her hands raised. Soon after, Perez entered and kneeled at the banister of the stairs and aimed his rifle toward Marquez' apartment. Carrillo took position to the left of Perez and in front of Burgos.
Burgos had his weapon drawn but because Carrillo was in front of him, he did not have a clear view of the top of the stairs. As Carrillo continued yelling to Marquez that they wanted to help her, the officers heard the sound of "someone rack[ing] a round" coming from upstairs. Burgos then saw Marquez move quickly across the landing from right to left and then out of view. Moments later, Burgos heard gunshots from Carrillo and Perez and then all three officers backed out of the building onto the front porch.[1]
After another officer indicated Marquez was "down" at the top of the stairs, Carrillo, Perez and Burgos entered the building. Burgos followed Carrillo and Perez and saw that Marquez was lying face up on the stairs. As they ascended the staircase, Burgos saw a black handgun tumbling down toward him. Burgos retrieved the item and determined it was a BB gun with a functioning slide mechanism, resembling the Beretta Model 92FS firearm. He removed the magazine and placed the handgun and magazine on the banister.
Stephanie Gallegos
Gallegos confirmed she spoke with Marquez and determined she was gravely disabled and was unable to care for herself. Marquez resided in poor living conditions and indicated she had not eaten in five days. After her assessment, Gallegos went outside to retrieve items from the police vehicle. At that time, the landlord ran to her and advised her that Marquez had produced a gun. A short time later Gallegos heard approximately eight gunshots. She did not return to the apartment or see Marquez after hearing the gunshots.
John Papadakis
Firefighter/Paramedic Papadakis received a call in the late morning from a woman in Alabama who stated she was a friend of Marquez. The caller stated that Marquez was not "acting right" during a phone call and, because of Marquez' history of medical problems, the caller was concerned. Papadakis referred the call to SPPD for a welfare check, indicating SFPD would assist if necessary. Papadakis later responded with his partner to a call indicating Marquez was experiencing seizures. Marquez refused to be transported to the hospital. However, the officers and firefighters were concerned about her living conditions and her ability to care for herself. Papadakis later returned to the apartment where he saw Carrillo reading advisements to Marquez from her bedroom doorway. Papadakis was looking at Marquez from behind Carrillo as other firefighters stood behind him. Papadakis saw Marquez begin moving her blankets and he believed she was preparing to walk toward them to be taken to the hospital. However, at that moment Papadakis saw Marquez grab a dark object with her left hand; she then brought both hands together in front of her. Carrillo yelled, "Gun! Gun! Gun!" and pushed the firefighters toward the front door. Carrillo provided cover for the others as they exited the apartment. As
- ↑ From his position, Burgos did not see Marquez descending the stairs.
