(scanned copy, as true as we can reproduce it)

(Reports truncated of empty space for convenience and brevity)

(Officer Terry miss-spelled "ammunition")

1 DECLARATION OF JOE TERRY

IN SUPPORT OF PETITION REGARDING DISPOSITION OF WEAPONS

3 I, Joe Terry, do hereby declare that:

4 1. I am an officer in the City of Pittsburg Police Department and have held that

5 position at all times relevant to this declaration. This declaration is based on personal

knowledge

6 and I would be competent to testify to these matters if called as a witness.

7 2. On December 18, 2001, I was dispatched to 30 Oakbrook Place in the City of

8 Pittsburg. Dispatch had been advis~_that Respondent James Smith Sr. ("Respondent") had been

9 in an argument with his family in the City of WaInut Creek. He told his family that he was

10 leaving and was going to commit suicide with a handgun that he kept in his truck.

Respondent

11 reportedly showed family members a loaded magazine to a handgun.

12 3. At the residence in Pittsburg, Respondent said that his family was "crazy" and

13 denied threatening suicide to his family.

14 4. I took Respondent into custody pursuant to Welfare and Institutions Code section

15 5150. I confiscated a .45 caliber Colt Commander handgun serial no. 70SC32662, twenty two

16 (22) .45 Live Rounds and three(3) magazines for .45 caliber Colt Commander. Attached hereto

17 as Exhibit "A" is a true and correct copy of the police report(s) I prepared setting forth

the facts

18 surrounding the incident and listing the weapons taken into custody. All the facts set

forth

19 therein are true of my own knowledge or as reported to me at the time and are incorporated

20 herein as part of this declaration.

21 5. As required by Welfare and Institutions Code section 8102 (b ), ~ provided

22 Respondent a copy of the notice of confiscation on October 13, 2001. A true and correct

copy of )

23 the notice is attached to the declaration as Exhibit "B." ~

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2 4. Respondent was evaluated and released from the hospital on December 18,.2001. '. .

3 I declare under a penalty of perjury under the laws of the State of California that the

4 foregoing is true and correct and that this declaration was executed in Pittsburg,

California on the

5 date stated below.

7 DATED: 1/16/02 _________________

JOE TERRY

8 PITTSBURG POLICE OFFICER

13 ,

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PITTSBURG POUCE DEPARTMENT Case No. C01-10324

ORIGINAL PITTSBURG, CALIFORNIA

GENERAL

CONTINUATION/SUPPLEMENTARY REPORT

Code Sect/Incident Victim (Last Name Rrst) Address Telephone No.

W.I.. 81021 W.I,: 5150 Smith, James Jr. 30 Oakbr9ok Place Unknown

On 12-19-01 at 1255 hours I was dispatched to 30 Oakbrook Place to the report of a male who was

in an argument with his family and had threatened to commit suicide by a gun.

I arrived on scene with Officer Sanchez and Sgt. Canchola. We made contact with V -Smith who was in the garage of his residence. We placed him into handcuffs for our safety. V-Smith

stated that he had wanted to kill himself with the gun.

I had V-Smith placed on a 72-hour medical hold for evaluation and treatment. He was transported

to Contra Costa Medical Facility in Martinez by A.M.R.

I located a loaded handgun and two loaded magazines in V-Smiths vehicle. The handgun and extra

magazines were located in the glove box of the vehicle.

I confiscated the firearm pursuant to W.I. 8102 for a 30-day hold.

The handgun, magazines and amunition were placed in to p .P .D. evidence. (See Attached)

-Nothing Further-

Investigating Officer Assisting Officers: Processed by: Date and Time:

J. Terry P247

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PITTSBURG POliCE DEPARTMENT Case C01-10324

ORIGINAL PITTSBURG. CALIFORNIA

GENERAL

Page No.1

CONTJNUATION/SUPPLEMENTARY REPORT

Code Sect/Incident Victim (Last Name FIrSt) Address Telephone No.

W.I. 5150 I W.I. 8102 Smith, James Sr. 30 Oakbrook Place Pittsburg

On 12-18-01 at approx.1200 hours, I was dispatched to 30 Oakbrook Place. Dispatch was advised

via Walnut Creek Police that V-Smith had been in a verbal argument with family in the city of

Walnut Creek. V-Smith stated to his family that he was leaving and was going to commit suicide by a handgun that he kept in his truck. V-Smith showed the family members a loaded magazine to a handgun.

On scene we contacted V-Smith who was in the garage of his residence. V-Smith stated, "My

family is crazy." He stated that he never said anything about suicide to his family to his family.

I located a loaded handgun and two extra magazines in the glove box of V-Smith's vehicle.

For anything further please refer to my origin report (C01-10324)

-Nothing Further-

Investigating Officer: Assisting Officers:

Terry P247