Earl Donell Riley

CUSTODIAL DEATH REPORT Agency Information ORIGINAL CDR Number: 17-117-C Version Type: VERSION 3/17/2017 12:04 Report Date: Status: Submitted PM Agency/Facility Information Houston Police 1200 Travis, 16th Agency Name: Agency Address: Dept. Floor Agency City: Houston Agency State: TX Agency Zip: 77002 Director Information Director Salutation: Chief Director First Name: Art Director Middle Name: Director Last Name: Acevedo Reporter Name: Beryl Jones Reporter Email: [email protected] Decedent Information Custodial Death Report :: Page 1 of 7 --- PAGE BREAK --- Identity of Deceased First Name: Earl Middle Name: Donell Last Name: Riley Suffix: Date of Birth: 12/14/1991 Sex: Male Black or African Race: American Age At Time Of Death: 25 Date/Time of Custody (arrest, incarceration) (mm/dd/yyyy hh:mm AM/PM): Date/Time of Custody or 2/28/2017 12:00 Incident: PM Date/Time of Death (mm/dd/yyyy hh:mm AM/PM): 2/28/2017 12:00 Death Date and Time: PM 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: Homicide (includes 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 personnel 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 Handgun 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? 8710 Sterlingame Street Address: City: Houston Drive County: Harris Zip: 77031 What location category best describes where the event causing the death occurred? Location Category: Residence/Home 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 Law Enforcement Personnel 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? Death Location: Scene of incident 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?: No 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: Burglary of a Habitation Offense 2: Unlawful Possession of Firearm by Felon Offense 3: 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) Crime Against Type of Offense: Property 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 Yes, mark all that weapons: apply Decedent Display or Use Discharged firearm Weapon Details: At any time during the incident and/or entry into the law enforcement facility, did the decedent: Yes (select all that Custodial Death Report :: Page 5 of 7 --- PAGE BREAK --- Attempt to Injure Others?: apply) Injured law Ways Decedent Attempted To enforcement Injure Others: personnel At any time during the incident and/or entry into the law enforcement facility, did the decedent: Appear intoxicated (alcohol or Unknown Make suicidal statements?: No drugs): Exhibit any mental health No Exhibit any medical problems?: No 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 Yes Yes standoff?: arrested?: Physically attempt/assault Gain possession of officer's Yes No officer(s): weapon: Verbally threaten other(s) Escape or attempt to Yes No including law: escape/flee custody: Attempt gain possession No officer's weapon: Was the deceased under restraint in the time leading up to the death or the events causing the death? Yes, mark which Under Restraint: restraint devices were used Type of restraint Other device, Type of Restraint: specify One handcuff Other device, specify: applied (other hand free) Custodial Death Report :: Page 6 of 7 --- PAGE BREAK --- Summary of Incident Summary of How the Death Occurred: (max. 30,000 characters) Summary: On Tuesday, February 28, 2017, at approximately 12:00 p.m., Officer Ronny S. Cortez, Officer Jose M. Munoz, and Sergeant John Garza of the West Patrol Command, South Gessner Division, were involved in an "Officer Involved Shooting" incident while on duty. At approximately 11:15 a.m., officers from the South Gessner Division were dispatched to a burglary in-progress call at 8802 Sterlingame Drive. While conducting a search of the area, Officer Munoz asked the homeowner of 8710 Sterlingame Drive if a small shed in her backyard was secured. The witness informed Officer Munoz that the shed was unsecured and allowed him to check the shed. Officer Munoz radioed for backup and Officer Cortez and Sgt. Garza arrived to assist. Upon opening the door to the shed, officers observed a male suspect hiding inside behind the shed door. Sgt. Garza gave verbal commands for the suspect to exit, but the suspect refused to come outside. Officers Cortez and Munoz decided to enter and go hands-on while Sgt. Garza provided cover with his pistol drawn. As Officer Cortez placed one handcuff on the suspect's right arm, the suspect used his other hand to reach down toward his waist band and a struggle ensued. During the struggle, the door to the shed inadvertently closed blocking Sgt. Garza's view. Sgt. Garza heard a series of several rapid gunshots come from inside the shed. The door to the shed then opened, and Officer Munoz exited and fell to the ground. The suspect who was hiding inside came out of the shed armed with a pistol that he began to aim at Sgt. Garza. Sgt. Garza discharged his duty pistol at the suspect several times striking the suspect in the torso and the head. The suspect was ultimately pronounced dead on the scene. Officer Cortez was shot several times during the struggle in the shed, and as a result, is unable to move his legs due to a bullet lodged near his spine. Officer Cortez is currently admitted to Memorial Hermann Hospital. Officer Munoz was shot in the leg, transported to Ben Taub Hospital for treatment, and released on March 1st, 2017. Sgt. Garza was not injured during this incident. The deceased suspect was found to be in possession of several stolen items from a recent string of burglaries in the same neighborhood which were the basis for the original burglary in-progress call to which these officers responded. Based on witness statements and video evidence collected at the scene, there is believed to be a second burglary suspect. The Special Investigations Unit and the Burglary and Theft Division are working to identify the second suspect. The suspect, later identified as Earl Donell Riley, a 25 year old black male, has several criminal convictions including burglary, possession of marijuana, criminal mischief, evading arrest, and unlawful possession of a firearm by a felon. Per the Mental Health Division, Earl Riley has not been handled for any mental illness related issues. Custodial Death Report :: Page 7 of 7