Page 39 - TPA Journal May June 2025

to search the truck, but Fernandez again referred was being handcuffed and asked, “Are you addict-
to the sheriff’s deputies having already searched ed to cocaine?” and “How long have you used
it. At that point, Medrano directed Fernandez to sit cocaine for?” Fernandez responded that he wanted
on the ground. Kapets then asked him, “Did you to try rehab; that he had used cocaine for “one
use any sort of drugs? I mean, be honest with me. month[], two months, five years, ten years, just
I’m just trying to figure out what’s going on here.” recently”; and that he had used cocaine the past
Fernandez replied, “I been drinking, and yeah, I three days. Kapets then made a call to determine
used cocaine.” Fernandez explained that he had the requirements to charge a suspect with being a
used cocaine the night before to stay awake drug user in possession of a firearm. At around
because he feared that unidentified people were 1:52 p.m., Kapets stated, “I will probably
going to get him. Kapets and the other officers Mirandize him and do a confession.”
then encouraged Fernandez to light his cigarette Meanwhile, Fernandez was placed in the back seat
so that he could calm down and they could help of Thelen’s patrol vehicle. When someone opened
him if he was, in fact, being chased. the rear hatch of this vehicle, Fernandez requested
Kapets, Fernandez, and another officer continued to speak to that officer’s supervisor. Sergeant
to speak as Medrano spoke with other officers on Patrick Chadwick eventually opened the back
scene and peered into the truck. At one point, door of the patrol vehicle and began to speak to
Rocha stated to Medrano that “[Fernandez] used Fernandez. Fernandez advised that he was in fear
coke, so he’s intoxicated with a firearm.” Pieces of for his life from the cartel and that he could not
Fernandez’s conversation can be heard in the say anything “out here.” Chadwick and Fernandez
background of the bodycam video for about the spoke for a couple minutes about his story and
next minute. Fernandez stated that he had “just a Chadwick eventually stated that he wanted to
beer earlier” that day. One of the officers replied “read [Fernandez] this,” presumably referring to
that “something” was going on, possibly “more his Miranda rights. Fernandez interrupted and
drugs.” An officer asked Fernandez to remove his pleaded with Chadwick to “please understand”
sunglasses so that he could see Fernandez’s eyes, what was going on, referencing his wife in Mexico
which the officer described as “like olives, they’re and his fear for his life.
giant.” Fernandez’s mouth was also dry, as if he At 2:00 p.m., Chadwick read Fernandez his
had “cotton mouth.” Miranda rights. Fernandez confirmed that he
About two minutes later, Kapets asked Fernandez understood his rights and stated that he would
where he got his cocaine from. Fernandez did not only discuss topics that would not get him in more
explicitly answer, but he clarified that his truck did trouble. Chadwick and Fernandez continued their
not contain any additional cocaine or parapherna- conversation in the patrol vehicle. Fernandez
lia. Kapets, Rocha, and Medrano began to discuss repeated the information previously provided,
what crime they might charge Fernandez with and including his place of residence, that he was being
whether they would inventory search his vehicle. chased, that he encountered sheriff’s deputies, that
The officers initially appeared to settle on charg- he had the rifle in the vehicle with him, where he
ing Fernandez with a DWI, but Rocha brought up purchased the firearm, and that the officers need-
the possibility that Fernandez could be arrested for ed to speak with his wife. Chadwick asked
the federal offense of being a drug user in posses- Fernandez when he last used narcotics. Fernandez
sion of a firearm. responded that he used cocaine the previous night,
While Kapets, Rocha, and Medrano discussed that he had not slept in two days, and that he used
Fernandez’s drug use and potential charges, cocaine because he believed he was being chased.
Officer Tyler Thelen attempted to administer field Chadwick repeated to Fernandez the reason for his
sobriety tests to Fernandez. After Fernandez failed arrest and continued to ask him why he believed
to complete a proper field sobriety test, he was he was being chased.
handcuffed. Kapets approached Fernandez as he At roughly 2:20 p.m., Fernandez was removed

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