Peter Williams Gaines

CUSTODIAL DEATH REPORT Agency Information ORIGINAL CDR Number: PA16131C Version Type: VERSION Report Date: 4/1/2016 5:24 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 Reporter Name: (Info provided by Reporter Email: [email protected] Lt. KJ Deese) Decedent Information Custodial Death Report :: Page 1 of 7 --- PAGE BREAK --- Identity of Deceased First Name: Peter Middle Name: Williams Last Name: Gaines Suffix: Date of Birth: 3/10/1979 Sex: Male Race: Age At Time Of Death: 37 Date/Time of Custody (arrest, incarceration) (mm/dd/yyyy hh:mm AM/PM): Date/Time of Custody or 3/12/2016 5:31 PM Incident: Date/Time of Death (mm/dd/yyyy hh:mm AM/PM): Death Date and Time: 3/12/2016 5:31 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) Manner of Death: Justifiable Homicide Custodial Death Report :: Page 2 of 7 --- PAGE BREAK --- Medical Cause of Death: Medical Cause of Death: Gunshot Wounds of torso 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 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 Location / Custody Information Custodial Death Report :: Page 3 of 7 --- PAGE BREAK --- Where did the event causing the death occur? 3400 Eastex Street Address: City: Houston Freeway 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 General Information Custodial Death Report :: Page 4 of 7 --- PAGE BREAK --- 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: Criminal Mischief 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) 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: Appear intoxicated (alcohol or Yes Make suicidal statements?: drugs): Exhibit any mental health Exhibit any medical problems?: problems?: Custodial Death Report :: Page 5 of 7 --- PAGE BREAK --- 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 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, March 12 at 5:21 pm, Officer K. T. Levi was on patrol traveling eastbound on Collingsworth in the 2900 block at the northbound Eastex Freeway service road. Officer Levi observed the suspect, later identified as Peter Williams Gaines, standing near a pedestrian signal light. It appeared to Officer Levi that Gaines was damaging a sign that was located on the corner. Officer Levi believed that Gaines was in a mental crisis. Officer Levi took the next street south and made the block and arrived at the north bound service road. Officer Levi preceded north and stopped his shop in the number one lane just south of Collingsworth. Officer Levi informed the dispatcher that he was clear of his previous call and would be out on a suspicious male and requested back-up code 2 due to Gaines' behavior. Officer Levi remained in his shop for a few seconds observing Gaines' odd behavior of ranting to himself and shouting over and over. Gaines at one point knelt to the ground and hit his fists on the concrete. Gaines then stood up and started to walk towards Officer Levi's marked patrol vehicle. Officer Levi could see that Gaines had his fists clinched and the veins in his neck and arms were bulging. Officer Levi believed that Gaines may be under the influence PCP. Officer Levi decided to exit his shop and evaluate Gaines' condition. Officer Levi gave verbal commands to back up and stand by a bundle of clothing on the curb. Officer Levi attempted to verbally communicate with Gaines by asking if he could help him. Gaines did not reply other that the continued ranting say "Fuck this! Fuck life!" over and over. Gaines took several steps toward Officer Levi with his fists clenched and arms at shoulder level. Officer Levi then closed his shop door and started to back pedal toward the rear of his shop. Gaines continued toward Officer Levi in an aggressive manner. Officer Levi unholstered his CED all the time continuing to give verbal commands for Gaines to get back. Officer Levi retreated around the rear and passenger side of his shop. Officer Levi backed out into the lanes of traffic and at that point deployed the CED for the first time. Officer Levi did not see any effect the CED had on Gaines. Officer Levi was back pedaling toward the curb near the front of his shop when he deployed the CED for the second time. Officer Levi noticed what he thinks was a slight effect the second CED deployment had on Gaines, but it did not stop his advance. Officer Levi dropped his CED to the ground and tried to quickly increase distance between him and Gaines by turning his back Custodial Death Report :: Page 6 of 7 --- PAGE BREAK --- toward Gaines and retreating away from him. Officer Levi unholstered his duty weapon and turned toward Gaines and again gave numerous verbal commands to "get back". Gaines continued toward Officer Levi causing him to back pedal into the lanes of traffic. When Gaines advanced to within three feet of Officer Levi he feared for his safety and discharged his duty weapon three times, striking Gaines twice. Officer Levi notified the dispatcher to call an ambulance. Peter Williams Gaines succumbed to his wounds and died at the scene. Custodial Death Report :: Page 7 of 7