Jose S. Banda

CUSTODIAL DEATH REPORT Agency Information ORIGINAL CDR Number: 18-1144-C Version Type: VERSION 11/19/2018 11:35 Report Date: Status: Submitted AM 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: Kimberly Fowler Reporter Email: [email protected] Decedent Information Custodial Death Report :: Page 1 of 7 --- PAGE BREAK --- Identity of Deceased First Name: Jose Middle Name: S. Last Name: Banda Suffix: Date of Birth: 4/18/1957 Sex: Male Race: Hispanic or Latino Age At Time Of Death: 61 Date/Time of Custody (arrest, incarceration) (mm/dd/yyyy hh:mm AM/PM): Date/Time of Custody or 11/15/2018 5:25 Incident: PM Date/Time of Death (mm/dd/yyyy hh:mm AM/PM): 11/15/2018 6:20 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) Homicide (includes Custodial Death Report :: Page 2 of 7 --- PAGE BREAK --- Manner of Death: Justifiable Homicide) Medical Cause of Death: Medical Cause of Death: Gun Shot Wound 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? Street Address: 7100 Beechnut City: Houston County: Harris Zip: 77074 What location category best describes where the event causing the death occurred? Location Category: Roadway/highway/street/sidewalk 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 subsequent to 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: Medical facility 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?: Yes 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: Assault on Peace Officer Offense 2: 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 No weapons: At any time during the incident and/or entry into the law enforcement facility, did the decedent: Yes (select all that Attempt to Injure Others?: apply) Injured law enforcement Custodial Death Report :: Page 5 of 7 --- PAGE BREAK --- Ways Decedent Attempted To personnel; Injured Injure Others: civilian(s) or other inmate(s) 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 Unknown Exhibit any medical problems?: Unknown 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 Yes standoff?: arrested?: Physically attempt/assault Gain possession of officer's Yes No officer(s): weapon: Verbally threaten other(s) Escape or attempt to No 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? Under Restraint: No Summary of Incident Summary of How the Death Occurred: (max. 30,000 characters) Summary: On Wednesday, November 14, 2018 at approximately 5:25 p.m., Houston Police Officer Ashley Kelley was dispatched to a "Traffic Hazard" located at the 7100 block of Beechnut. Prior to arrival, Mr. Banda was reportedly in the street and striking passing cars with a flag pole. Upon arrival, Officer Kelley exited her vehicle and approached the Mr. Banda laying down in the median. Officer Kelley exited her vehicle and approached the Mr. Banda on foot. At this point Mr. Banda began attacking the officer and knocked her down to the ground. Mr. Banda as able to mount the officer and wrapped his arm around the officer's neck and began choking her. Officer Kelley was able to rain her stance and observed Mr. Banda with negative results. Custodial Death Report :: Page 6 of 7 --- PAGE BREAK --- Mr. Banda continued to charge at Officer Kelley and ignored her verbal commands to stop. After attempting to create distance, Officer Kelley feared for her life, and discharged her duty weapon once at Mr. Banda, striking him in the center of his chest. Custodial Death Report :: Page 7 of 7