Louie took position behind two officers who looked inside a window to assess Marquez' condition. Marquez was lying motionless on the stairs, feet facing downward. Perez, Carrillo and Burgos approached the stairway and secured a black handgun, which Burgos determined was a BB gun. Paramedics entered the building and took Marquez to Huntington Memorial Hospital.
Christopher Perez
Perez was assigned to uniformed patrol on August 30. While at the station he heard a radio call advising that officers at an apartment building on Fremont Avenue were confronted by an individual with a gun during a welfare check. Perez drove to the location and entered the apartment building armed with his department-issued AR-22 rifle. He saw Burgos, Carrillo and Louie on the lower level focusing their attention toward Marquez' upstairs apartment.
Perez moved into Carrillo's position next to the banister and Carrillo moved to the left of Perez. Perez focused his attention on Marquez' open doorway. A few moments later, he heard the sound of a magazine being loaded into a firearm emanating from Marquez' apartment. The officers looked at each other to acknowledge the sound. Carrillo and Perez commanded Marquez, "Come out with your hands up!" Perez then saw Marquez, whom he recognized from prior contacts, dart from her open doorway on the right, across the landing to a position to the left of the stairs and out of Perez' view. As Marquez crossed the landing, Perez saw a black handgun in her left hand.
As officers issued additional commands, Perez saw Marquez come down the stairs toward them in a manner that caused Perez to believe she was "charging at us" in an "aggressive manner" with a demeanor that was "definitely angry." The handgun in her left hand moved "up, down, and a little bit diagonal as wel...swinging back and forth." Perez did not see the gun pointed at Carrillo or Perez, but it nonetheless caused Perez to fear for the safety of him and his partner because he believed she would "open fire" on them.
Perez fired three rounds from his rifle and Carrillo fired multiple rounds from his firearm. Marquez fell backward and Carillo and Perez retreated to the front doorway of the apartment complex. An officer looked through a window at the base of the stairs and stated he could not see Marquez' left hand, but confirmed there was no gun in her right hand. Perez and Carrillo approached Marquez, who appeared to be unconscious, and Perez saw the gun near Marquez' left hand. He kicked it down the stairs and believed another officer picked it up. Perez then stepped over Marquez' body and onto the upper landing to ensure there were no further threats inside the apartment. Paramedics entered the building and transported Marquez to the hospital.
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