The tipster, wary of a recent spate of home burglaries, told police that he had seen two 18-to-20-year-old white males jumping fences and looking through windows.
Roberts arrived in the neighborhood and, looking through the Sandovals' window, saw three Hispanic males - Henry Rodriguez, then 18; Jordhy Leal, then 16; and David Madueno, then 15 - playing video games, watching TV and listening to music.
"Roberts did not ask the boys any basic identifying questions," according to the 9th Circuit's summary of the case. "Instead, Roberts pointed his gun at the head of one of the boys through the bedroom window, and gave the boys conflicting commands, telling them 'don't move,' '[l]et me see your hands,' and 'turn the music down.' Roberts told Jordhy to turn down the music, which Jordhy tried to do, and then told him, 'I told you don't move, I could shoot you' or 'I'll f***ing shoot you.'" (Brackets in original.)
While Roberts held the boys at gunpoint, officer Dunn entered the house. He said later that a change in the tone of Roberts' voice had convinced him that he needed backup.
Roberts then ordered the boys out of the bedroom, and refused to let Henry put away Hazel.
"As the boys exited the bedroom, Hazel slipped in front of Henry and Jordhy, but continued to walk behind David, according to David's testimony," the appellate court said. "Dunn shot Hazel in the face, twelve inches from David, and in the direction of Henry and Jordhy. The officers ordered David and Jordhy to the floor, handcuffed them, and brought them outside. Henry was ordered outside, but was not cuffed until later, as he was carrying Hazel, who was bleeding to death."
When Henry asked an officer to call the animal hospital, the officer said, "if you don't shut the f*** up, I'm going to let your dog die right there," according to the ruling.
Jesus Sandoval and 12-year-old daughter Kenya arrived home to find the boys on his front lawn. Henry was covered in blood, but when Sandoval moved toward him, police grabbed the father and handcuffed him. The officers allegedly treated Sandoval roughly despite his warning that he had recently had major back surgery.
They eventually left the scene without charging anyone with a crime, and "Dunn admitted that if he or Roberts had asked basic identifying questions, the entire incident would not have happened," according to the ruling.
