Heather Smith W36 10/11/16

15-6189

Supplement No

ORIG

SANTA CLARA POLICE DEPT

Reported Date

601 EL CAMINO REAL

05/27/2015

Nature of Call

CT ORD VIO
Officer

FRANK
(408)615-4700

CLARA POLICE DEPT

Status

Nature of Call

REPORT TO FOLLOW

VIOLATION OF RESTRAINING

Location

4502 CARLYLE CT
To Date

To Tune

Officer

05/27/2015

15:50

H8078/FRANK HAGG

Assignment

RMS Transfer

Prop Trans Stat

Approving Officer

DETECTIVE

Successful

Successful

H8078

On 05-27-15 at approximately 1445 hour0, . c:ssisted Dt. Schner ;itti the investigation of a prior domestic
violence incident (see case #15-6094). W en we ai:.n}edt'thft seen of the crime (
in Santa
Clara), we discovered that the suspect was there. T1 e c-uspect acl been served with an EPRO which mandated
that he stay 300 yards away from the.sidence. ri;, suspf-:lCt was arrested and booked into main jail.

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Report Officer

Printed At

H8078/FRANK HAGG

10/11/2016 13:59

Page 1 of 3

Heather Smith W36 10/11/16

15-6189

Supplement No

ORIG

SANTA CLARA POLICE DEPT

DOB
Type

Age

Juvenile?

30

No

Height

Weight

Hair Color

Eye Color

PRN

6' 04"

300#

BLACK

BROWN

405826
City

Address

HOME

MUNDELEIN

ZIP Code

Date

60060

05/27/2015

T ype

ID No

FBI NUMBER

040637JD6
ID No

Type

OLS

DRIVERS LICENSE

FLORIDA

Type

ID No

PFN--PERSONAL FILE NUMBER

EBM331

Type

STATE IDENTIFICATION NUMBER

Dispo

Zone

Arrest Location

122

TURNED OVER
Flngerprt Taken?

Mug?

Place of Birth

Beat

Yes

Yes

FLORIDA

06

On 05-27-15 at approximately 1445 houfs.....I assistea Del. Schne1derwith the investigation of a prior domestic
violence incident (see case #15-609 . WENTlet witn &victim her home (
in Santa Clara).
Prior to going to the residence, I as her if sh had spoken tq the suspect, Ray McDonald, since he had been
arrested. The victim said she haifl1ot\_Spoke to h tr. 1 :ske tier if she knew where McDonald was and she stated
that she did not. I also askd ir McDpflal1 haa aoyyehicles aside from his black Bentley and she stated that
the Bentley was the only vehle:J;ie ownQ.
tbfo was n California.

--

'\

Det. Schneider and I f fe eo tbtfresidene d when she opened the garage, she saw McDonald's vehicle
in the garage. I revi we the victf, 's copy of.t1t:mergency Protective Restraining Order (EPRO), which
specified that McDonald/stay 3(}n yards away from
I

called McD ,n

orr theehe

and i

rti.f.Jf; d myself as a police detective. He gave me the following statement:

STATEM ":NT QF SUSPE'13 MCDCN UD:

eit

McDon
ated that 1 ent to the apartment to meet his attorney's investigator. He stated that they agreed to
meet at the apartment to take photographs for the case. I asked him if the investigator was present and he replied
tri'a th'@ investigator was still en route to the apartment. McDonald initially told me that he had already left, but
w e I told him I was outside and saw his vehicle was still there, he said that he was "leaving right now." I told
McDonald not to come outside because the victim was present. I told him to stay put and I would call him back
shortly.
The victim drove away and I called McDonald again. He stated that he had already left. I asked him how he had
left when I was standing in front of the exit and his vehicle was still in the garage. He replied that he jumped over
the fence on the other side of the complex. I tried to coax him to come back and talk to us, but he was very
reluctant and did not want to get arrested. He told me multiple times that he thought he was permitted to go to the
apartment if the victim was not present. He stated that the investigator assured him that the victim would be in
and not at the apartment. I repeatedly told McDonald to come back and he finally agreed to return.
As I waited for McDonald to arrive, SCPD Records confirmed that McDonald had been served with the EPRO.
Report Officer

Printed Al

H8078/FRANK HAGG

10/11/2016

13:59

Page 2 of 3

Heather Smith W36 10/11 /16

Supplement No

15-6189

SANTA CLARA POLICE DEPT

ORIG

Narrative
called Ofc. Craig, who told me that he repeatedly explained the conditions of the EPRO to McDonald and that
McDonald told him he understood the conditions. Ofc. Craig could not remember if he put a copy of the EPRO in
McDonald's property bag.
,.f

et. Schneider, Ofc. ead, Ofc: Over and 1. swept the residence to ake sure that McDonald wis inside. We

did not locate anyone m the residence. During the sweep, I saw a pile of cash (unknown denqmJ!!Ci1ons) on the
dresser in the master bedroom. The driver's door of the Bentley was also left ajar. I saw
... < cash (unknown
denominations) on the back seat of the vehicle.

0/

After I waited a few more minutes, I called McDonald again and he reluctantly told rn.e was at the Togo's
across from Levi's Stadium (2203 Tasman Dr.). I contacted McDonald outside thHfoQ&\s He repeatedly insisted
that he did not know he was not allowed to go to the apartment. He showed mp:sEI ttme_2 ge conversation on
_
his cell phone in which his attorney's investigator, "Nester," arranged a meetitfie a
ent.
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ADDITIONAL INFORMATION:
.n
L }
Ofc. S. Mead and I took McDonald into custody. Ofc. Mead transpo,tteJ:lfm fo t;HF)or processing. Det.
Schneider and I ?btained. another statement from McDonald at th;t efer pat!$chneider's supplemental
report for further information.
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Report Officer

H8078/FRANK HAGG

Printed At

10/11/2016 13:59

Page

3 of 3

Heather Smith W36 10/11/16

15-6189

Supplement No

0001

SANTA CLARA POLICE DEPT

Reported Date

601 EL CAMINO REAL

05/28/2015

Nature of Call
Officer

DAVID
(408)615-4700

DOB

Age

Jwenile?

No
Type

Height

5107"

Address

State

HOME

CALIFORNIA

Date

05/28/2015

DOB

03/26/2015
Address

Type

HOME

City

State

SANTA CLARA

CALIFORNIA

SUPPL<'EMNTAL RlEO RT:

.
tly assigned to the SCPD Investigations Bureau as a Domestic Violence Detective. I assisted Det.
e\With SCPD case 15-6094 where McDonald was arrested for domestic violence-related charges. During the
cQu e of the investigation, I made contact with the victims to refer them to various victim resource groups such as
Silicon Valley Faces, YWCA, and Next Door Solutions.
I am

I had phone contact with the victim throughout the days of 5/26/15 and 5/27/15. The victim told me that she had
received an EPRO on the morning of 5/25/15. The EPRO protected her and her son from McDonald and the order
expired at the close of the court business day on 6/1/15.
During a telephone conversation with the victim on 5/27/15, the victim told me that she needed to come to
in Santa Clara to retrieve some personal items from the apartment. I knew that McDonald was
out of custody because he already bailed out of county jail. Because McDonald's whereabouts were unknown and
I also considered the elements of danger for the victims, I told the victim Detective Hagg and I would accompany
her to the apartment while she moved her belongings to her new residence.
Report Officer

Printed At

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10/11/2016 13:59

Page 1 of 3

Heather Smith W36 1 0/1 1/1 6

Supplement No

15-6189

SANTA CLARA POLICE DEPT

Narrative

0001

On 5/27/15 at approximately 1430 hrs., Detecti

I met with the victim, her mother, and her son in
Santa Clara. Det. Hagg and I drove to the
The victim, her mother, and the victim's son drove
to the apartme
separate vehicle. Imm diately after we arrived, the victim told me she b liev McDonald
was inside
because McDonald's black Bentley vehicle was parked inside the garage. \arage door
was open. I look at the black Bentley vehicle and saw that the front driver door was ajar. , .
#
.
I had the victim, her son, and her mother drive to a safe location while Detective Hagg an(. !jnv tigated a
possible violation of restraining order case. Det. Hagg made telephone contact with Mc 13tf1 learned that
McDonald admitted to being inside the apartment while we were there. Refer to Det..4t<t s original report for
further details

A '

Det. Hagg, Ofc. S. Mead, Ofc. Over, and I noticed that the door leading into t f)lit e rom the garage was
unlocked. I called out to McDonald to come out of the house. I identified
iSayi . , nta Clara Police!
Ray come on out with your hands up!"

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l

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Det. Hagg, Ofc. S. Mead, and I approached 'c@)it?Jttt and s wittt{Jim jrt front of Togo's. I used my digital
recorder to record the interview.
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I repeated those command several times in a loud voice. However,

..as no .l" . Det. Hagg, Ofc. S.
Mead, Ofc. er conu?led a protective eep of the apament t u
ald was not still inside the
apartment while the v1ct1m eventually retrieved her belongmgs.,MeY.U!Jaid
.

ns1d,e
"l
the apartment.

Det. Hagg made phone contact with McDonald. McDonal a;d4ttia he tfad)in
artment on foot and
he was now at Togo's restaurant located at 2203 Tasma(gr. in Sa t
ofc. S. ead, Det. Hagg and I drove
to Togo's and arrived at approximately 1530 hours. qt (st at t P ment in case McDonald
returned to the original scene. When we arrived at Id I imm a ly reonld McDonald sitting on an
outside patio chair in front of the restaurant.
. . ::::::\_ (:\
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STATEMENT

"7-<

BY

MCDONALD IN THE l51ELD:

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McDonald was on the phone with h htber whaflI C!roat,1ilinif McDonald told me that nobody ever told him
that he couldn't go back to the
apartnt ilflol}Q a victim was not there. McDonald stated that he
was never served with any
r '1i
ng,.<ihe
ining order.
Ill-

a_

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McDonald said that his atto

nd )111.l vale i'1.restlgatbr encouraged Ray to come to the apartment to take
photos and talk abouJ.Jj:l c . M;iDo,ctherrt<il. a text message on his phone from his private investigator,
and she was not in the apartment. Ray insisted
"Nestor." Nestor adv1sed iY thaft{Je Victim s>-Jh
Nestor, not to see the victim
that he was inside th rt rt:l!.rtt.,
.:, e, artier .!lt! day,, to m

q,,...y
After speak2 ,W-McD9rra-;q the fie l\j9fc. Mead and Det. Hagg took McDonald into custody for violation of a
,.. 5tJf
restrainin''(
yansp
ivt'cDonald to the SCPD THF where he was processed for pre-booking.
.

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ADDITI@&, STATlifgfil

Det.

v....

(ie)

BY

MCDaNALD:

}and I spoke to McDonald inside the SCPD THF at approximately 1647 hours. McDonald was in custody

!.tfl time. I read McDonald his Miranda Rights verbatim from my department-issued Miranda card. McDonald

awledged that the understood his Rights by nodding his head in affirmation and he began freely answering
my questions. I used my digital recorder to the interview and I later uploaded the recording into VeriPic.

McDonald believed that the terms of the restraining order only prohibited him from bei
0 yards away from the
victim, not the apartment. McDonald said he spoke to his attorney about going to the
to meet with a private
investigator so they could take photos at about 143
n 5/27/15. McDonald was told by h
rney and
private investigator that the victim was currently in
and she would not be inside the
apartment.
McDonald said he said he remembered that the police told him not to be closer than 300 yards away from the
victim. McDonald maintained he believed that he could go inside the apartment if he knew the victim was not
inside the apartment. McDonald told me he misinterpreted the EPRO and he may have been admonished by the
Report Officer

80886/DAVID SCHNEIDER

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Heather Smith W36 10/11 /16

15-6189

Supplement No

0001

SANTA CLARA POLICE DEPT

Narrative

officers, but he couldn't remember.

McDonald said that he didn't go to the apartment to contact the victim. He went there because he was advised by
his attorney and private investigator to do so. McDonald thought that he was being "set up" by the :victim because
earlier in the day, the private investigator confirmed that the victim was going to be in
I showed McDonald a photocopy of the EPRO. McDonald said he never saw the EPRO an H .ever got a copy
of it.

,{y

McDonald again acknowledged that on 5/27/15, he understood that he could not be witHi
ards of the victim,
but he didn't know that he couldn't be at the
apartment when the victim wa ihside.

FURTHER INFO:

A
During a telephone conversation with the victim on 5/28/15, the victi la ned at went back to her

McDonald was later transported to County Jail where he was booked for 2 .3 6 ,.._C Viol of Restraining Order.

apartment to retrieve the rest of her belongings. When the victim ls. 1ft&lde thJi2.?fJfl
t ent on 5/28/15, the victim
noticed that approximately $100.00 in small bills was missing from the$ w aster oeqr_'oo m dresser. The victim also
noticed the single-swinging door to the garage had been locke . h6\.d0or
l Be e vehicle were also
}
locked.
,) eartmejlt on 5/27/15. The victim
I remember seeing the cash on the dresser during the pr
ctive swe&P o tne
explained that the cash was still there on the evening or5{27J15 h sbe went B k to the apartment after
McDonald was arrested that afternoon. The victim s tt she neve] locke1 the ar door or the door leading to
the garage after McDonald was arrested on 5/27./15. '! tie viGtiri'i'lreves s ;,n e unknown, unauthorized
asarrested oil 512
person was inside the apartment after McDo

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E.0M3 \
PFN
BBU9l I IF KNOWN
4314
AG ENCY -----....

._

FIRST .

u.niH>o

LAST NAME

MCOODU>

SOCIAL SECURITY NO.

RESIDENCE NO.

I
I

STR EET

EMP.ADRESS

150006189.

300

604

APT. NO.

. FIRST.

CITY

MIDDLE
LO CA

UNION

CITY

SUFFIX

STREET.
EMERGENCY PERSON

EMPLOYER'S TELEPHONE

EMERG. ADDRESS

SUFFIX

AKA

. REP RT. NUMBER

IN P.OSS?

WEIGHT SCARSJMARKS/TATIOOS ...

HEIGHT

LAST NAME

TELEPHONE

OCCUPATION

15021837

STRE E T

LAST NAME

FIRST

VEHICLE
LICENSE NO.

ARREST LOCATI N

: : 2203 T.asMU

8211822 PC

FELONY

0 NO 0 YES
. ..

mt

. .
0 NO TI ME

AFFIDAVIT

APT. NO.

XSTREET

ARREST AGENCY 851.5

.
' . ., .. .

__

ESCAPE RISK, SUICIDAL CO DEF., ET

DATE'__ 1.0. NO.

2'13. 6 (A)

. ARRESTING

OFF.CER: .

BAIL.TOTAL

: .:-St. ....

LIGHTER
-CIGARETTES

ALIEN STATUS
CITIZEN OF

r.-

..,

. !

,, ...... . .

3214 REV 04/07

REQUEST NOTIFICATION
MANDATORY NOTIFICATION
Y ES_NO_ TO CONSULATE
TO CONSULATE
YES
=------

---

COLOR...... .
COLOR
COLOR

COLOR.. -CO.LO.R .
COLOR
..... coLOFf

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FOR PROPERT.Yf:&o.i:IEICATJON.OF

SidNATURE
RIGHTS .UNDEA..;.P:C. SEC. 821/822, ,ST.A: EMENT OF ALIEN
STATUS. RECEIPT OF COPY OF PRE BOQKING.lNF.Of.IMA.f.10N'

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PANtS
QRl;SS/SKIFII ..
SHOE
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STORED BY

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KNIFE
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STONE
STONE
STONE
STONE
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PROP.ERTY HELD

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D ..AS EVIDENCE .. . .. . . .Q. .ARRESTING AGENCY-

JACKET .
SWEATER
SHIRT/BLOUSE

CA

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BUCKLE

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SECTION (DESCRIPTION IF ON-VIEW)

RECEIVING OFFICER BADGI! NO. &

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DISTRIBUTION; WHITE

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Booking

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OEPUTYl.O._.

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TANSPORTING OFFICtR BADGE NO.

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WHITE ID ID ,.
Property Record' PINK OR/Court Copy

__

YELLOW Arresting Agency

GOLDENROD Arrestee Copy

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