LOS ANGELES COUNTY DISTRICT ATTORNEY
CHARGE EVALUATION WORKSHEET
Page 1 of 5
X FELONY
MISDEMEANOR
AGENCY NAME
LASD - INTERNAL CRIMINAL
DA CASE NO. 33645833
DATE 06/06/2013
AGENCY FILE NO. (DR OR URN)
912-00036-2003-441
DA OFFICE CODE
J.S.I.D. #12-0222R
VICTIM ASSISTANCE REFERRAL
□ YES - NOTIFY VWAP □ NO
SUSP
NO
SUSPECT
CODE
SECTION
OFFENSE
DATE
REASON
CODE
NAME (LAST, FIRST MIDDLE))
IBARRA, ARMANDO
PC
149
12/01/2010
DOB
SEX (M/F)
Id
BOOKING NO.
VIP - Yes X No
Gang Member Name of Gang
Victim Name:
Victim Gang Member Name of Gang:
Victim DOB:
NAME (LAST, FIRST MIDDLE))
CARBAJAL, DANIEL
PC
149
12/01/2010
DOB
SEX (M/F)
_M
BOOKING NO.
VIP - Yes X No
Gang Member Name of Gang
Victim Name:
Victim Gang Member Name of Gang:
Victim DOB:
NAME (LAST, FIRST MIDDLE))
AGUIAR, JOEY
PC
149
12/01/2010
DOB
SEX (M/F)
M
BOOKING NO.
VIP
Yes X No
Gang Member Name of Gang
Victim Name:
Victim Gang Member Name of Gang:
Victim DOB:
Comments
SEE ATTACHED.
COMPLAINT DEPUTY (print)
FERNANDO GUZMAN/ap
COMPLAINT DEPUTY (signature)
STATE BAR NO.
134362
Y (SIGNATURE)
I have conveyed all relevant Information to the above-named Deputy District Attorney to be used in consi
FILING OFFICER (SIGNATURE): Mailed 6/1
an ofv filing decision.
3 SERIAL* 246294
DEPARTMENT OF JUSTICE
REASON CODES
(FORM 8715)
A. Lack of Corpus
B. Lack of Sufficient Evidence
C. Inadmissible Search/Seizure
D. Victim Unavailable/Declines
To Testify
E. Witness Unavailable/Declines
to Testify
F. Combined with Other
Counts/Cases
G. Interest of Justice
H. Other (indicate the reason in
Comments section) /
I. Referred to Non-California
Jurisdiction
J. Deferred for Revocation of
Parole
K. Further Investigation
L. Prosecutor Profiling Deferral
DISTRICT ATTORNEYS
REASON CODES
M. Probation Violation filed in
lieu of
N. Referred to City Attorney for
Misdemeanor Consideration
/-* lj a or^c e\/Ai iiATir»M \«/nDi/cuccT
DECLINATION MEMORANDUM
JSID#12-0222R
JAMES GARRISON, Head Deputy
Justice System Integrity Division
FERNANDO GUZMAN, Deputy District Attorney
Justice System Integrity Division
LASD Deputy Armando Ibarra, #533022
LASD Deputy Daniel Carbajal, #505863
LASD Deputy Joey Aguiar, #531564
LASD File #912-00036-2003-441
June 4,2013
The Justice System Integrity Division of the Los Angeles County District Attorney's
Office has completed its review of allegations that Los Angeles County Sheriffs
Deputies Armando Ibarra, Daniel Carbajal and Joey Aguiar assaulted Eduardo Villareal
under color of authority within the meaning of Penal Code section 149. For the reasons
set forth below, this office declines to initiate criminal proceedings.
The following analysis is based on reports prepared by the Los Angeles County Sheriffs
Department (LASD), submitted to this office by Sergeant Gabrielle Graves, LASD
Internal Criminal Investigations Bureau (ICIB). Compelled statements, if they exist,
were not reviewed.
FACTUAL ANALYSIS
On September 13, 201 1, Sergeant Scott Craig, LASD, ICIB, interviewed Deputy Gilbert
Michel regarding possible criminal activity by LASD personnel working at Men's
Central Jail (MCJ). Deputy Michel was arrested for accepting a bribe and smuggling a
cellular telephone into MCJ. He agreed to discuss criminal activity by other LASD
personnel. Michel described four incidents of improper uses of force by LASD
personnel, which he witnessed.
One of the incidents he described witnessing was an assault under color of authority
committed against Inmate Eduardo Villareal. Michel stated that he and four other
deputies were involved in this incident which occurred around Christmas, 2010. He
identified three of the deputies as Daniel Carbajal, Joseph Gonzalez and Albert Murad.
He could not recall who the other deputy was.
TO:
THROUGH:
FROM:
SUBJECT:
DATE:
Villareal had just arrived in MCJ from the Inmate Reception Center (IRC). The deputies
learned that Villareal was arrested for murdering his girlfriend and young child. 1 He was
handcuffed behind his back, facing the wall in front of Module 3700. The deputies began
searching him and an unidentified deputy kicked his legs apart. Villareal lost his balance
and moved. Murad began punching him in his ribs. Gonzalez began kicking Villareal on
his inner thighs. Carbajal and Michel did not participate in the assault but escorted
Villareal back to his cell. 2
Statements of Eduardo Villareal
On December 3, 2010, a family member of Villareal filed a complaint of a use of force
with MCJ Watch Commander Lieutenant George Berumen. Sergeant Michael Ponce De
Leon interviewed Villareal.
Villareal stated that he was transferred from Twin Towers Correctional Facility (TTCF)
on December 1, 2010. After he was escorted to the upper tier, prior to entering his cell,
he was told to face the wall for searching. A male white deputy grabbed his fingers and
began to search him. 3 Another deputy with the name tag "Ibarra" approached and asked
Villareal why he was in jail. When he refused to answer, Ibarra struck him on the right
side rib cage. There were no other inmates present, but there was a third unidentified
deputy present. Ibarra was the only deputy who struck Villareal.
On April 1 1, 201 1, Villareal signed a declaration which was later filed by the American
Civil Liberties Union (ACLU). In the declaration, Villareal reiterated that Ibarra struck
him when he refused to state why he was in jail. Villareal added, however, that the tall
white deputy then "socked" him in the head twice. Ibarra punched Villareal in the ribs a
second time. The deputies threatened to deny Villareal showers, blankets, food and
canteen. They told him they would turn him over to the "Southsiders." 4 Ibarra
threatened to beat Villareal up if he filed a complaint.
On September 14, 201 1, after the ACLU declaration was filed, ICIB investigators
interviewed Villareal. He stated that when he arrived at Module 3500 his handcuffs were
removed. His legs were kicked apart and he was searched. Ibarra asked him why he was
in jail. When he refused to answer, another deputy lifted him into the air by the back of
his shirt and swung him from side to side. Another deputy asked him again why he was
in jail. When he refused to answer he was punched once in the right side rib area by
Ibarra. Although the punch hurt, he was not injured.
Villareal was shown six-pack photo identification packets including photos of Deputies
Aguiar, Gonzalez, Ibarra, Michel, Murad, Carbajal and Michael Ulloa. He identified
Carbajal as the deputy who kicked his legs apart during the search. Villareal identified
the photo of Armando Ibarra stating he "could be one of the twins, I don't know which
1 Villareal is pending trial for murder in Los Angeles Superior Court case number B A3 77691.
2 Michel did not say how many times Villareal was punched or kicked.
3 He did not know the deputy's name.
4 This implied that the deputies would allow gang members to assault Villareal.
one though." 5 This was the person who punched him in the ribs, although Villareal is
unable to tell the twins apart. He was unable to identify any of the other deputies.
Statements of Involved Deputies
Deputies Armando Ibarra and Aguiar wrote reports in response to Villareal 's complaint
to Sergeant Ponce De Leon. Ibarra acknowledged conducting a cursory search of Inmate
Villareal upon his arrival to Module 3500. Aguiar simultaneously searched VillareaFs
personal property. Aguiar escorted Villareal to his cell. Both deputies denied any use of
force.
Injuries
Sergeant Ponce De Leon examined Villareal two days after the alleged incident and
observed no injuries. He was escorted to the clinic and examined by Nurse Goyena.
Villareal did not complain of pain and Nurse Goyena did not observe any injury.
Further Investigation
Investigators attempted to locate inmates and former inmates who were housed in the
same module and row where the incident occurred. The five inmates they were able to
locate denied witnessing the incident.
CONCLUSION
Villareal gave three statements regarding the assault. Each version of the incident
contradicts the other two. Villareal is not corroborated by any reliable evidence. There is
no video recording of the incident. There are no reliable witnesses who corroborate his
allegation. Two witnesses who examined him shortly after the incident stated that there
were no injuries which would demonstrate that an assault occurred.
When Michel was interviewed by ICIB investigators, he was facing felony criminal
charges. The information which he provided regarding unlawful uses of force by
deputies has not been corroborated by any other sources, including the inmate victims.
His description of the incident involving Inmate Villareal does not closely resemble any
of the three statements given by Villareal. Michel, who works with and knows the
deputies well, stated that Villareal was handcuffed when the incident happened. He had
his legs kicked apart and was searched by an unknown deputy. Murad punched Villareal
and then Gonzalez kicked him in the inner thighs.
Villareal stated that his handcuffs were removed prior to being searched. His legs were
kicked apart for searching, but he never claimed that he was kicked after the search.
Villareal was unable to recognize photos of Murad, Gonzalez or Michel. Rather than
providing corroboration, Michel's statement further contradicts Villareal.
5 Ibarra is one of two twin brothers who work at MCJ.
Based on the foregoing analysis, we find insufficient evidence to prove beyond a
reasonable doubt that Deputies Armando Ibarra, Daniel Carbajal and Joey Aguiar
committed an assault under color of authority. Therefore, we are closing our file and will
take no further action in this matter.
