Steve Tellez Investigation by BCSD

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BERNALILLO COUNTY SHERIFFS DEPARTMENTCRIMINAL INVESTIGATIONS DIVISION

HOMICIDE

14-623493

OFFENSE(S)Embezzlement

VICTIM(S)APS School Police

OFFENDER(S)Steve Tellez

DATE OF INCIDENT11/01/2013 to 02/13/2014

DATE CASE ASSIGNED03/11/2014

DATE CASE COMPLETED07/21/2014

DISTRIBUTIONCentral Records [X]

District Attorneys office [X]Other (Specify)

_______________

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CASE AGENTDETECTIVE Russell Broyles

CASE NUMBER

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TABLE OF CONTENTS

1. Investigative Report By Detective Russell Broyles2. Initial Report By Sergeant C. Gandara (with APS)3. Search Warrant for 11720 San Francisco NE

OFFENSE: Embezzlement

VICTIM: APS School Police6400 Uptown NEAlbuquerque, NM 87125PHONE: (505) 243-7714

Steve Tellez11720 San Francisco NEAlbuquerque, NM 87122PHONE:_(505) 239-6892DOB: /1954SSN: ......5S9251

INTERVIEWED: Kane Garcia6400 Uptown NEAlbuquerque, NM 87125PHONE: (505) 220-8883

INTERVIEWED: Carla Gandara6400 Uptown NEAlbuquerque, NM 87125PHONE: (505) 243-7714

INTERVIEWED: Gary Georgia6400 Uptown NEAlbuquerque, NM 87125PHONE: (505) 243-7714

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1I

SUSPECT:

INTERVIEWED: Steve Gallegos

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6400 Uptown NEAlbuquerque, NM 87125PHONE: (505) 243-7714

INTERVIEWED: Tarni Coleman6400 Uptown NEAlbuquerque, NM 87125PHONE: (505) 243-7714/243-7712 ext. 15

INTERVIEWED: Sonya Vigil6400 Uptown NEAlbuquerque, NM 87125PHONE: (505) 228-3237

INTERVIEWED: Toddy Tackett6400 Uptown NEAlbuquerque, NM 87125PHONE: (505) 243-7714

INTERVIEWED: Jennifer Pacheco6400 Uptown NEAlbuquerque, NM 87125PHONE: (505) 243-7714

INTERVIEWED: Amanda Peralta6400 Uptown NEAlbuquerque, NM 87125PHONE: (505) 243-7714

Tom Lyon6400 Uptown NEAlbuquerque, NM 87125PHONE: (505) 366-9599

Mike DunlapPHONE: (806) 676-1401

INTERVIEWED:

INTERVIEWED:


OThER: Robin Doll-TelIez11720 San Francisco NEAlbuquerque, NM 87122DOB: J11955OLN: 3768

OTHER: Bill HarperATh SportingPHONE: (512) 318-0024

LOCATION: 6400 Uptown NEALBUQUERQUE, NM 87125

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ASSIGNMENT

On 03/11/2014, this case was assigned to this investigator by Sgt. Pete Golden. With thisassignment, I received a copy of the initial report completed by Albuquerque Public SchoolsPolice Sergeant C. Gandara on 02/14/2014.

On assignment of this case, I conducted interviews with and/or had correspondence withthe above listed subjects. Based on information learned, I determined that approximatelyone thousand rounds of ammunition of a type that is not usable by the APS PoliceDepartment was ordered and received. After the mistake was discovered, Steve Tellez, thethen Chief of the APS Police Department, offered to purchase the ammunition from theDepartment and to that request he was refused on the basis that he may make profit froman exchange based on favorable contracts between vendors and the APS. The Departmentwas to return the ammunition at whatever loss due to restocking fees or other reasons.The ammunition was not returned and remained in the storage closet where otherammunition was kept at 6400 Uptown NE. Later, Steve Tellez approved his own requestfor an AR-15 Armorers course to which no ammunition was needed and for which thedepartment does not own or use any rifles/firearms pertinent to the instruction. SteveTellez then had a portion of the ammunition issued to him for the Armorers course andthen attended the course. During my investigation, I obtained a warrant for and didsearch Steve Tellez residence. During my search, I located ammunition consistent withthat of the ammunition that was taken from the store room, but was unable to identify itas the ammunition via markings on the boxes. Also during the course of my investigation,I was unable to locate other individuals, besides Steve Tellez, with motive to take theammunition. This case was closed and sent to the District Attorneys office for review andpossible prosecution.

INVESTIGATION

On 03/12/2014 at approximately 1300 hours, I made contact with Kane Garcia at 6400Uptown NE. Kane gave me the following information: Kane has been the EvidenceSupervisor for the APS Police Department for seven years and has been on the departmentfor approximately twenty years. Kanes duties include (but are not limited to): Evidencestorage, Administrative duties, Response plans, Weapon storage and Dispatch. Kane has

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access to the storage closet and the adjacent vault. Others that have access to the closetare Chief Steve Tellez and Sonya Vigil. The departments ammunition is typically stored inthe storage closet and in a locked cabinet. Ammunition is handed out by Sonya Vigil and(according to Kane) Kane never handles ammunition. Others that hand out ammunitioninclude Toddy Tackett. Lieutenants are given temporary access to the storage closet (inorder to obtain vehicle keys that are kept in the storage closet), but not the vault. Theyobtain access to the storage closet by using a key they borrow from one of the threementioned subjects that have keys (Steve Tellez, Kane Garcia and Sonya Vigil). Whenasked about the missing ammunition, Kane said that she heard that the Chief took 1 box ofammunition for a class he was taking.

After our interview, Kane showed me the storage closet. On entering the closet, Iobserved on the south wall to the left of the entry door a cabinet where Kane said thevehicle keys were kept. Along that same wall and farther from the door, I observed acabinet with ammunition of several calibers stacked on and on the nearby floor. Kaneindicated that this cabinet is where all of the departments ammunition was stored. Otherlaw enforcement related equipment was also located on shelves in the storage closet. Onthe North far corner was located the vault access. Kane indicated that no ammunition isstored in the vault, that it is used to store weapons.

I made contact with Sgt. Carla Gandara. Carla gave me the following information: Carla isthe supervisor of the APS Police departments Internal Affairs and Investigations division.On 02/14/20 14, Chief Steve Tellez contacted Carla and told her to write a report for twocases of ammunition that were stolen. Carla was also told to speak to Overmyer inreference to having a security camera installed at the door of the storage room. Tocomplete her report, Carla received paperwork in reference to the purchase of the missingammunition. On 02/17/2014, Deputy Chief Steve Gallegos contacted Carla and told herthat Chief Te(fez had taken a case of ammunition. Carla, cautious about proceeding forwardwith the case because it involved the Chief, took the case to the APS administration. Carladoes not have access to the property room.

I made contact with Detective Gary Georgia. Gary gave me the following information:Gary has been a Detective with the APS Police Department for approximately seven years.Gary was present in Carla Gandaras office when Chief Steve Tellez informed her of missingammunition and ordered Carla to have a camera installed at the storage closet. Themissing ammunition was of a caliber for firearms that the department does not haveweapons for. When ammunition is needed, Gary goes to Sonya Vigil. Sonya generally


gives out ammunition from a supply that she keeps in her office. Gary has never heard ofammunition or other items ever going missing from storage during his time on thedepartment.

I made contact with Deputy Chief Steve Gallegos. Gallegos gave me the followinginformation: Gallegos was with APD for twenty years and has been employed by APSPolice since 2006. Currently Gallegos is the Deputy Chief of the APS Police Departmentand the interim Chief. In July of 2012, Sonja Vigil ordered .223 caliber ammunition bymistake along with needed calibers (9mm, .40, .45) from an example order form. Whenthe order arrived, the mistake was discovered and an attempt to return the un-neededportion to the supplier was made. Tammy Coleman was contacted as Chief Steve Tellezwished to purchase the ammunition from APS. The option of trading the un-neededammunition to APD was brought up, which had never been done before. On or about the13th of February, Sonya came to Gallegos and informed him that, while doing an inventory,she discovered two cases of the .223 ammunition were missing. Sonya also indicated thatshe kept the un-needed (.223) ammunition in a different location in the storage closet(Gallegos stated he did not have a key to this closet) than the needed ammunition.Gallegos told Sonya to start an investigation in reference to the missing ammunition.Gallegos has not been on speaking terms with Steve Tellez as of recent and never spoke tothe Chief about the missing ammunition. Sonya told Gallegos that she had gone to theChief who in turn told her to wait so that he could look into the missing ammunition.Later, Sonya told Gallegos that Chief Tellez had called her and told her that he had takenone of the missing cases of ammunition and used the ammunition at a course he attended.Chief Tellez had a report done for the missing ammunition and a camera installed near thestorage closet. Gallegos has never seen the storage closet door open and unattended.Gallegos gave me the name, Mike Dunlap (806 676-1401), of a contact in reference to thecourse Chief TelIez had taken and indicated that Mike told Gallegos that the class had nolive-fire portion (no ammunition required for the course).

I made contact with Tami Coleman. Tami gave me the following information: Tami is theExecutive Director of Accounting for District Funds. Tami handles all questions aboutappropriate spending. Tami has been in her current position for approximately six years.Tami was approached by Chief Tellez and his bookkeeper in reference to ammunitionordered and received that was not usable by the APS Police Department. Tellez told Tamithat they were having difficulty returning the ammunition and that Tellez wished topurchase the ammunition from APS. Tami said that Tellez could not purchase theammunition and that they had to send the ammunition back at whatever loss. Tami


explained that it is against policy for the APS to sell items and for employees to benefitfrom the probable lower cost afforded to the APS by the supplier. Tami added that theammunition quantities were not mentioned to her and that she had never had a requestlike this for any type of item in her time in her position.

I made contact with Sonya Vigil. Sonya gave me the following information:

Sonya has been the Administrative Supervisor at APS Police Department forapproximately five years and has worked for the department for approximately eightyears. Sonyas supervisor is Chief Steve Tellez and her duties are as follows: placeall orders for office supplies, manage the budget, oversee clerical staff and issueequipment.

Sonya needed to order ammunition in July of 2012. She discovered that oneof the suppliers did not have one of the ammunition types that the departmentneeded. Sonya wanted to order all the ammunition from their other supplier but didnot know all of the part numbers for this manufacturer. Sonya went to Chief Tellezwho then gave Sonya a quote that had the part numbers on it, but that alsoincluded part numbers for an ammunition type that the department didnt use(.223). Sonya placed her order and mistakenly included this un-needed ammunitionin her order. After the order arrived and the mistake was discovered, Sonya andChief Tellez went to Tami Coleman. Tami told Chief that he could not purchase theammunition from APS. Sonya attempted to return the ammunition, but because onecase had been opened and the supplier was only willing to give a 60% refund forthe other case, the ammunition was placed in the storage closet. It was mentionedthat a trade with APD could be possible, but Sonya said nothing ever came of thisidea.

In June of 2013, Chief Tellez requested a training course (through Tom Lyon)as well as a case of the .223 ammunition to use during the class. In July of 2013,Sonya issued Chief Tellez one case of the .223 ammunition, but did not get asignature. Sonya could not remember if she gave the Chief an opened or closedcase of ammunition.

An inventory was done during which Sonya was unable to locate the .223ammunition. Sonya forgot that she had issued a case to Chief Tellez. Sonyatherefore thought that two cases were missing and informed the Deputy Chief(Steve Gallegos) that two cases were missing. After informing Chief Tellez of themissing ammunition, Tellez told Sonya that he would look into it. Tellez returned toSonya and asked her what she would do about the missing ammunition and Sonya

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said that she would file a report. Later the same date, Tellez called Sonya andreminded her that she had issued him a case of the ammunition. A report was filedand a camera was installed near the storage room. Sonya believed that the case ofammunition she had issued to Chief Tellez had been used for the class he took untilshe was informed by Bob Casey (admin. Investigator) that the class did not requireammunition. Sonya did not ask for the ammunition to be returned.

Sonya gave some general information in reference to the activitiessurrounding the storage closet the missing ammunition was kept in. Sonya said thatChief TeIlez makes his access key available to other members of the staff besidesherself and Kane. Sonya said that Toddy is aware of the location Chief Tetlez kepthis access key, in the right drawer of his office desk. Sonya indicated that Kane,regularly, gives Tom OConnor her key.

Sonya mentioned that she believed that Chief Tellez had worked over thewinter break when no others had worked and said she would obtain card accesslogs for deputies.

End of information provided by Sonya on 03/12/14.

I made contact with Toddy Tackett. Toddy has worked for APS Police for approximatelyfive and one half years in her current position. Her job tasks include: police reportprocessing, receptionist and receiving shipments. Toddy was informed by Deputy ChiefGallegos that an investigation would be carried out, but ammunition was not mentioned toher. Toddy believed that she may have signed for the ammunition in question on arrivalfrom the shippers, but couldnt be sure. Toddy generally put single box shipments ofammunition on Sonyas desk rather than put them into the storage room. Toddyremembered an occasion where the incorrect items were delivered, but did not havedetails. According to Toddy, when Sonya is not in the office, Sonya makes her keysavailable by putting them into a filing cabinet near the reception desk. Chief Tellez alsomade his key available by leaving it in a drawer in his office. Toddy has not observed thestorage room door left open or unattended. On one occasion, Deputy Chief Gallegos letToddy into Chief Tellezs office to retrieve Tellezs key from the drawer of his desk.Amanda Peralta may have had access to the storage area at some point. Toddy isunaware of any training courses that Chief Tellez may or may not have taken.

I made contact with Jennifer Pacheco. Jennifer has been the APS police communicationssupervisor since 2008 and with APS for approximately nineteen years. Jennifer runs thedispatch center which is maintained twenty four hours a day. Jennifer does not have

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access to the storage room and does not have a key. Jennifer obtains a key from Vigil orGarcia when she needs to retrieve headsets and other communications related equipmentfrom the storage room. Jennifer has gone to the storage room accompanied and byherself. Jennifer understood two cases of ammunition that were kept in the storage roomwere taken and as per her duties in communications assigned a case number to theincident. Jennifer said that she did not want or need to know any further informationabout the incident. All other information Jennifer learned was from the news media.Jennifer has never issued ammunition to officers. Jennifer has never received shipmentsfor items. Jennifer has never observed the storage room left unattended, and onlyobserved Vigil and Garcia in attendance. Jennifer mentioned that she did not have a goodrelationship with Chief Tellez and has not verbally communicated with Te(lez for severalmonths.

I made contact with Amanda Peralta. Amanda is a payroll technician and has worked inher position since July 2013. Amanda processes overtime, absences, badges, filing anddetermining supply needs. Amanda has had to obtain keys (less than five times) fromSonya to access the storage room. Amanda has issued ammunition to officers from asupply in Sonyas office three to five times. Amanda has received a shipment ofammunition (around second or third week of January 2013, when Sonya was on vacation)and was aided by Lt. Paul Brady in storing the ammunition in the storage room. On theday the shipment was received, Amanda gained access to the storage room when SteveTellez opened the door to it for her. The only information that Amanda is aware of inreference to this incident she learned from the news media. Amanda knew thatammunition had been taken, presumably, by Steve Tellez.

On 03/13/2014, I made contact with Tom Lyon. Tom has been the Training coordinatorfor APS police for approximately six years and with the APS police for eight years total.Tom ensures training compliance for APS police employees (approximately 150 employees)and maintains their training files. In reference to an armorers course taken by SteveTellez between 07/16/13 to 07/18/13, Tom showed me a certification of completion for thecourse. Tom was under the impression that Steve Tellez needed ammunition for thecourse, but said he had no part of the arrangements that Steve made in obtaining theinformation. For other armorers courses for other officers, Tom believed that thoseofficers needed ammunition for those classes as well. Tom registered Steve Tellez for thecourse, but did not receive any further communication in reference to the class. Tom didnot question Chief Tellez about the class. Tom thought it was strange that the course wasfor a rifle, which the department does not utilize. Tom was satisfied that Tellez was

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fuifllling a portion of his required training time. Tom does not approve training for officers,rather only registers officers for approved training. Tom did not know what an FIC(Firearms Instructor) was. It should be noted that an armorer repairs firearms andarmorers courses generally have no live fire involved. Tom has never observed thestorage room unattended.

On 03/19/2014, I made telephonic contact with Mike Dunlap. Mike told me that he wasthe instructor for the PATC AR-15 armorer course between 07/16/13 and 07/18/13. Mikesaid, that like all the armorer classes he teaches, this class provided all materials neededand that there was no live fire during the course. I asked Mike if there was any reason astudent would need to bring ammunition to his course and he said no. Mike told me thathe had been contacted prior to me and had refused to speak to a private investigator.Before he returned my call he checked with Santa Fe offices to make sure I was a swornlaw enforcement officer.

On 03/24/2014, I reviewed several documents provided by APS in reference to thisincident.

I observed what appeared to be quote or invoice of an order of ammunition fromsupplier GT Distributors. On the invoice, two cases, as described as those missingin this incident, were shown to have been ordered: one case of .223 Gold Dot 64grvalued at $634.45 and another of 5.56 Lawman 55gr Rifle ammunition valued at$391.85.

I observed a purchase order with a matching requisition number (R#702499) andapproval date of 07/27/2012.

I observed an invoice, apparently generated by GT Distributors, with correspondingvalues to the previously stated documents. This document had a line thatstated/Pricing per New Mexico State Contract.

I observed a packing slip that indicated two cases of 223 REM 64GR Gold Dotammunition was received on 01/15/2013.

I observed several documents detailing an Armorer Course put on by PATC in theSanta Fe area scheduled for 07/16/13 to 07/18/2013. Chief Steve Tellez wasapproved to attend the course and for APS to pay the $475 fee by Brad Winters. A


class sign-in-sheet with a signature for Steve Tellez which could indicate he hadattended.

I observed multiple inventory listings. None of which indicate that the ammunitionmissing in reference to this incident were tracked.

I observed a list of all APS board meetings and their dates, to include those thatwere cancelled. In conjunction with these dates, I observed two transaction logsindicating card key access records of entries into 6400 Uptown. Several entries arehighlighted indicating specific entries by Steve Tellez into the building. Theseentries coincide with times that Sonya Vigil believed inappropriate for Steve Tellez tobe in the office or to have used that entry. As no evidence indicating anapproximate time when the unaccounted for case of ammunition was taken hasbeen found, to this point, the evidentiary value of this data is not known.

On 03/25/2014, I identified 11720 San Francisco NE as a possible address for Steve Tellezand went to the residence. On arrival, I had no contact with anyone at the residence.

As Sgt. Golden and I had been unable, to this point, to make contact with Steve Tellez orhis legal representation, there was some concern as to his welfare. After checking 11720San Francisco NE, I then checked several of the surrounding residences. I made contactwith Damien Gonzalez who resides at 11705 San Francisco NE. Damien told me that heknows Steve but had not seen him for a minimum of two weeks. Damien commented thathe usually observed Steve Tellez walking his dog in the neighborhood. I made contact witha male and female who reside at 11620 San Francisco. The male subject told me he hadseen Steve Tellez the previous date (03/24/2014) leaving his residence. The subject alsomentioned that Steve had taken his dog to the park lately. It should be noted that Imentioned nothing of this case to any of these subjects and only mentioned that I waswishing to check the welfare of Steve Tellez. I checked several of the other surroundingresidences, but had no contact at them.

I located a report (09-94183) in which Steve Tellezs spouse Robin Doll-Tellez had reporteda fraud in 2009. On that report was a telephone number (505 822-1920). I then madetelephonic contact with Steve Tellez. I arranged for an interview to occur at the SibravaSubstation on 03/26/20 14 at 1330 hours. After a short time, Steve Tellez called back.Tellez told me he spoke to his attorney and was advised to cancel the appointment. Stevetold me that his attorney would contact me.


On 03/28/2014, I was contacted by Steve Tellez telephonically. Steve inquired about thecase. I told Steve that he had already indicated that he would not speak to me without anattorney present and that it would therefore be inappropriate for me to speak to him aboutthe investigation. Steve then asked me if the case was completed as he wanted to get onwith his life. I told Steve that the investigation was currently not complete, but may becompleted in the near future possibly next week. Steve asked if he could call me in thefuture to ask if the case was complete and I told him he could.

On 03/31/2014, Judge John Duran (Metro court Div. 8) signed a search warrant for 11720San Francisco NE, the residence of Steve Tellez.

At approximately 1315 hours, I called Steve Tellez, but reached Robin Doll-Tellez. Robinsaid that she was at home, but that Steve Tellez was not. I explained that I was coming toserve a warrant on her residence in reference to an incident related to Steve Tellezs APSposition. She requested that I return in a half an hour when Steve had returned home. Itold her that I would be arriving in a few minutes and requested that she step out the frontdoor of her residence.

On arrival to 11720 San Francisco, I observed Steve Tellez step out the front door andrequested that he remain outside the residence, which he did. I explained that I had awarrant and showed him the copy that I later left at the residence. Mr. and Ms. Tellezwere cooperative for the duration of the warrant. At one point detectives located a safe inone of the garages of the residence and Steve entered (after several attempts) thecombination and opened the safe for detectives. In that safe, I observed multiple firearmsto include a Rock river AR-15 which is designed to use ammunition such as the type(.223/5.56) taken in reference to this APS incident. I observed numerous boxes ofammunition to include .223 caliber ammunition. A portion of the ammunition was collectedas evidence in this case.

On 04/14/2014, I contacted GT Distributors who then referred me to Bill Harper with ATKAmmunition. I was unable to make telephonic contact with Bill and sent him an e-mail withmy questions about the ammunition collected from the warrant on 11720 San Francisco.Below is a cut/paste copy of my e-mail to Bill:

Good afternoon,


I am Detective Russ Broyles with the Bernalillo County Sheriffs Department in Albuquerque NM. Iam currently investigating an incident that occurred at the Albuquerque Public Schools PoliceDepartment located at 6400 Uptown Blvd NE in which several cases of ammunition wentmissing. During the course of my investigation, r obtained ammunition (still In the boxes they wereshipped in) but without the shipping labels. I am trying to determine whether these are actually thecases that went missing. The ammunition that went missing was drop shipped by your company to6400 Uptown Blvd Albuquerque NM STE 100E through GT Distributors. I have packing slips, invoicesand the boxes I obtained ready to do a comparison. GT Distributors indicated to me that you mightbe able to help me if given information on the boxes (i.e. a Lot number). Below is several alphanumeric features of these boxes of ammunition:

Below a UPC is the number: 100 7668324448 9On both ends of the box is a stamp: LOTU 49 Z570I have two boxes, both marked similarly

If there are any other features of the boxes that you might need please let me know. Anything youcan do to help me would be greatly appreciated.

Thank You,Detective R. Broyles

Bill responded and told me that he would attempt to trace the ammunition and if they soldthe ammunition or not.

On 04/23/2014, I sent Bill Harper another e-mail in reference to my information request.

On 06/30/2014, I sent Bill Harper another e-mail, again, in reference to my request.

On 07/01/2014, I received a reply from Bill Harper. In his correspondence he told me thatthe ammunition referenced in my previous message was sold to GT Distributors on06/30/2009. Below is a cut/paste copy of this message:

Russell,This is what I was able to find out. I hope it helps.24448 = Lot Number Z570 = June 18, 2009

It does look like this product was shipped to GT Distributors on June 30, 2009

Thank you

Bill HarperSergeant First Class, Ret

. .


Law Enforcement Sales SpecialistATK Sporting

End of pasted text.

It should be noted that the time period the ammunition found during the search wasshipped is significantly earlier in relation to the ammunition that went missing from the APSstorage area. It should also be noted that this ammunition appears to have been shippedto GT Distributors and the ammunition that went missing, according to shippingdocuments, was shipped from ATK directly to APS (drop shipped, without a stop at GTdistributors) on 01/08/2013. All other ammunition collected from Steve Tellez residencewas determined to be that of a different type then that of the ammunition that was takenfrom APS.

CONCLUSION

Based on the above facts this case will be considered EXCEPTIONALLY CLEARED. It willbe forwarded to the DISTRICT ATTORNEYS OFFICE for consideration of prosecutionand to the CENTRAL RECORDS DIVISION.

y//y/ Detect e /95(0 s Date

HomicideCriminal investigations Division

/

/ Sgeant P. Golden Date/ ,,&ipervisor, Homicide

I- Criminal Investigations Division

Documents

Steve Tellez Investigation by BCSD