Affidavit: Teen recording viral video involving EPPD officer charged with interference
EL PASO, Texas (CBS4) —
The arrest affidavit has been released for the teen who recorded a video that circulated on social media of an El Paso police officer pulling out a gun on a group of kids.
The teen arrested is identified as 17-year-old Julian Saucedo, also known as Julian Flores. He is being charged with interference with public duties, according to his arrest report.
The arrest affidavit states that Saucedo disobeyed the order of the officer to get back on the sidewalk and remain inside the Seville Recreation Center by continuing to walk around and behind Officer Rios.
Officers Rios and Officer Sandoval were dispatched to an apartment complex at 6700 block of Sambrano on Thursday, in reference to a criminal trespass and a criminal mischief in progress.
When officers arrived, they saw a a juvenile walking west away from the apartment complex with a larger group of juveniles.
According to the affidavit, due to the details of the call advising a large group of juveniles who might have been inside a vacant apartment without the consent of the owner, all were detained and were asked all of them to lean against the wall of the recreation center.
One of the juveniles told officer Sandoval that four juveniles had entered the apartment, according to the affidavit.
While the group was against the wall, Saucedo’s brother, Jacob Saucedo, 15, allegedly walked away from the wall and toward the officers.
According to the complaint, Jacob Saucedo yelled at Rios, “You ain’t got (expletive) on me (expletive), I’m just gonna leave.”
The complaint states, that "due to the large group of juveniles and their constant moving and attempts to walk behind officer Rios," the officer told Jacob Saucedo to "step back and get against the wall," as the investigation was underway. The document states the officers told the juveniles they were detained and could not leave until the investigation was over.
Officer Rios told Jacob Saucedo to move back in a loud command, and the other juveniles began yelling at the officers with profanities, according to the affidavit.
During the investigation, Julian Saucedo was standing near the recreation center when police arrived, stated the document.
When Jacob Saucedo was placed in the back of the patrol unit, officer Rios saw Julian Saucedo , walk onto the roadway and was told to get off the roadway as he was holding a device in his hand, according to the affidavit.
Julian Saucedo disobeyed the officer's commands and walked near the patrol unit at times, stated the complaint.
He was arrested for interference with public duties for not obeying the officers orders while a investigation was underway.
The complaint affidavit for Julian Saucedo did not mention officer Rios pulling out his weapon. KFOX14 asked police spokesman Enrique Carrillo on Monday why it wasn't included in the document. He said the incident of the gun being displayed wasn't mentioned because it did not outline the arrest and the officer's actions did not impact the charge Julian Saucedo is facing.
CBS4 spoke with former El Paso police officer and current City Council Representative Henry Rivera about El Paso Police Department's policy for its officers drawing their weapons.
"You pull it out when you feel threatened, to save others," Rivera said,
Rivera said it comes down to nine levels.
He said it starts with verbal commands and lastly, it calls for the use or drawing of a service weapon.
"Based on the officer's experience then your reaction could be different from what transpired,” Rivera said. “I don't know if the officer involved in the video had previous encounters with these people in a similar fashion."
Rivera said there are situations where a service weapon needs to be drawn, but pulling a gun out comes down to each officer's judgement.
"It depends on the situation, the experience of the officer and, of course, the training that they get every year. Annually, I think the El Paso Police Department has excellent training. It's just a matter of what situation you're placed in for the officer to react," said Rivera.
El Paso police Chief Greg Allen said he is not discussing this incident because it's still under investigation.
On Saturday, Dionne Mack, the deputy city manager for public safety, said “The officer in question will remain on desk duty until the investigation is complete.”
The incident gained national attention after the recorded video showing the incident in south central El Paso went viral. As of Monday afternoon it was viewed more than 5 million times on Facebook, and had been shared more than 68,000 times.
Saucedo was released on July 12 on a $1,000 personal recognizance bond.
A personal recognizance bond is when defendants are released on their own recognizance and need only sign a written promise to appear in court as required.
No bail has to be paid, either to the court or to a bail bond seller. However, all other aspects of bail remain the same.
On Thursday, EPPD chief Greg Allen released a video statement on the investigation: