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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.