Dionisio Agustine Garza

CUSTODIAL DEATH REPORT Agency Information ORIGINAL CDR Number: PA16260C Version Type: VERSION Report Date: 6/21/2016 2:40 PM Status: Submitted Agency/Facility Information Houston Police Agency Name: Agency Address: 1200 Travis Dept. Agency City: Houston Agency State: TX Agency Zip: 77002 Director Information Director Salutation: Acting Chief Director First Name: Martha Director Middle Name: I. Director Last Name: Montalvo Off SA Reyes(Info Reporter Name: Reporter Email: [email protected] provided by CM Cegielski) Decedent Information Custodial Death Report :: Page 1 of 7 --- PAGE BREAK --- Identity of Deceased First Name: Dionisio Middle Name: Agustine Last Name: Garza Suffix: Date of Birth: 9/22/1990 Sex: Male Race: Age At Time Of Death: 25 Date/Time of Custody (arrest, incarceration) (mm/dd/yyyy hh:mm AM/PM): Date/Time of Custody or 5/29/2016 11:10 Incident: AM Date/Time of Death (mm/dd/yyyy hh:mm AM/PM): 5/29/2016 11:10 Death Date and Time: AM Manner / Cause of Death Has a medical examiner or coroner conducted an evaluation to determine a cause of death? Medical Examiner/Coroner Yes, results are Evaluation?: available What was the manner of death? (select only one) Custodial Death Report :: Page 2 of 7 --- PAGE BREAK --- Manner of Death: Justifiable Homicide Medical Cause of Death: Medical Cause of Death: Multiple Gunshot Wounds Had the decedent been receiving treatment for the medical condition that caused the death after admission to your jail's jurisdiction? Medical Treatment: Not Applicable If death was an accident, homicide or suicide, who caused the death? Law Who caused the death?: enforcement/correctional staff If a weapon caused the death, what type of weapon caused the death? (Hold CTRL to select all that apply) Type of weapon that caused Rifle/shotgun death?: Was the cause of death the result of a pre-existing medical condition or did the decedent develop the condition after admission? Not Applicable; cause of death was Pre existing medical accidental injury, condition?: intoxication, suicide or homicide If death was an accident, homicide or suicide, what was the means of death? Means of Death: Firearm Custodial Death Report :: Page 3 of 7 --- PAGE BREAK --- Location / Custody Information Where did the event causing the death occur? Street Address: 13210 Memorial City: Houston County: Harris Zip: What location category best describes where the event causing the death occurred? Location Category: What type of custody/facility was the Decedent in at the time of death: Police Custody Type of Custody: (pre-booking) Specific type of custody/facility: Specific Type of Custody/Facility: Custody of Peace Officer during/fleeing arrest What was the time and date of the deceased's entry into the law enforcement facility where the death occurred (mm/dd/yyyy hh:mm AM/PM): Entry Date Time: Entry Date Time N/A: Where did the death occur? At the crime/arrest Death Location: scene Custodial Death Report :: Page 4 of 7 --- PAGE BREAK --- General Information Did any other law enforcement agencies respond to calls for service related to this incident? Other Agencies Respond?: What were the most serious offense(s) with which the deceased was (or would have been) charged with at the time of death? Offense 1: Murder Offense 2: Aggravated Assault on a Police Officer Offense 3: Aggravated Assault Not filed at time of Were the Charges:: death What were the types of charges or reason for contact? (Hold CTRL to select all that apply) Type of Offense: At any time during the incident and/or entry into the law enforcement facility, did the decedent display or use a weapon? Decedent display/use of weapons: At any time during the incident and/or entry into the law enforcement facility, did the decedent: Attempt to Injure Others?: At any time during the incident and/or entry into the law enforcement facility, did the decedent: Custodial Death Report :: Page 5 of 7 --- PAGE BREAK --- Appear intoxicated (alcohol or No Make suicidal statements?: drugs): Exhibit any mental health Exhibit any medical problems?: problems?: At any time during the incident and/or entry into the law enforcement facility, did the decedent: Barricade self or initiate Resist being handcuffed or No standoff?: arrested?: Physically attempt/assault Gain possession of officer's officer(s): weapon: Verbally threaten other(s) Escape or attempt to including law: escape/flee custody: Attempt gain possession officer's weapon: Was the deceased under restraint in the time leading up to the death or the events causing the death? Under Restraint: No Summary of Incident Summary of How the Death Occurred: (max. 30,000 characters) Summary: On Sunday, May 29, 2016, at approximately 10:15 a.m., Houston Police Officers responded to a shooting in progress call at 13210 Memorial. As officers were approaching the location, traveling east on Memorial Dr., they began taking fire. The shooter's exact location could not be determined at that time. Officers were able to back away and set a perimeter as shots continued to ring out. The scene was determined to be an active shooter incident at this time. A citizen who lived nearby was able to see the suspect shooting from the Memorial Tire and Auto shop located at 13210 Memorial. The citizen viewed the suspect from an upstairs bedroom window. The citizen alerted responding officers. Ultimately, SWAT Sniper, Senior Police Officer S. J. Hamala, arrived and positioned himself on the citizen's garage roof. From this position, Officer Hamala had a clear line of sight to the Memorial Tire and Auto shop. Officer Hamala surveyed the location with his scoped sniper rifle. After several minutes, Officer Hamala observed the suspect walking with an assault rifle. The suspect positioned himself next to a parked vehicle. The suspect raised the rifle, taking a shooting stance, over the hood of the parked vehicle as he prepared to shoot. Officer Hamala, fearing for the safety of other officers and citizens in the area, fired four well placed shots at the suspect. The suspect was struck multiple times and the threat was eliminated at 11:10 a.m. A SWAT react team was able to move in and clear the area making it safe for emergency medical personnel to come to the aid of the suspect. The suspect was pronounced dead at the scene. No other suspects were located. The suspect was later identified as Dionisio Agustine Garza. The suspect fired over 200 rounds of 5.56 ammunition and several rounds from a .45 caliber pistol. Mr. Eugene Linscomb was the suspect's first victim. Mr. Linscomb was killed by the suspect as he Custodial Death Report :: Page 6 of 7 --- PAGE BREAK --- drove up to the location in his vehicle. The suspect injured four other civilian motorists and two Harris County Precinct 5 Deputy Constables who responded to the scene. The suspect also fired at responding Houston Fire Department personnel and the Houston Police helicopter. Custodial Death Report :: Page 7 of 7