Tommy Lopez Bernal

CUSTODIAL DEATH REPORT Agency Information ORIGINAL CDR Number: 22-1208-UF Version Type: VERSION Report Date: 9/7/2022 10:32 AM Status: Submitted Agency/Facility Information Midland Police Agency Name: Agency Address: 601 N. Loraine Dept. Agency City: Midland Agency State: TX Agency Zip: 79701 Director Information Director Salutation: Chief Director First Name: Seth Director Middle Name: Director Last Name: Herman Reporter Name: Greg Chatwell Reporter Email: [email protected] Decedent Information Custodial Death Report :: Page 1 of 6 --- PAGE BREAK --- Identity of Deceased First Name: Tommy Middle Name: Lopez Last Name: Bernal Suffix: Jr Date of Birth: 1/31/1993 Sex: Male Black or African Race: American Age At Time Of Death: 29 Date/Time of Custody (arrest, incarceration) (mm/dd/yyyy hh:mm AM/PM): Date/Time of Custody or 9/2/2022 2:11 AM Incident: Date/Time of Death (mm/dd/yyyy hh:mm AM/PM): Death Date and Time: 9/2/2022 2:13 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 Evaluation?: pending What was the manner of death? (select only one) Homicide (includes Manner of Death: Justifiable Custodial Death Report :: Page 2 of 6 --- PAGE BREAK --- Homicide) Medical Cause of Death: Medical Cause of Death: Gunfire Had the decedent been receiving treatment for the medical condition that caused the death after admission to your jail's jurisdiction? Medical Treatment: No 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 6 --- PAGE BREAK --- Location / Custody Information Where did the event causing the death occur? Street Address: 1116 E Pine City: Midland County: Midland Zip: 79705 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: Pre-Custodial Use Type of Custody: of Force 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: 9/2/2022 2:13 AM Where did the death occur? Death Location: Scene of incident General Information Custodial Death Report :: Page 4 of 6 --- PAGE BREAK --- 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: Aggravated assault of a 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) Violent Crime Type of Offense: Against Persons 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 Displayed firearm Weapon Details: without discharge 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) Attempted to injure Ways Decedent Attempted To civilian(s) or other Injure Others: inmate(s) Custodial Death Report :: Page 5 of 6 --- PAGE BREAK --- 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?: 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 No No standoff?: arrested?: Physically attempt/assault Gain possession of officer's No 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: Officers responded to a call of a domestic disturbance at a private residence. When the officer arrived the front door was standing open and a female was standing with a male sitting on the couch in the living room. The officer asked the male to step out and talk to him. The male subject refused. The officer then asked the female to step out. As she was doing so the male stood up and produced two handguns from the couch holding one in each hand. The subject pointed the weapons in the direction of his wife then at the officers. The male then started in the direction of the officers causing an officer to shoot and kill him. As per police Texas Rangers are investigating the officer involved shooting. Custodial Death Report :: Page 6 of 6