JOHN A - Berkeleyside

Transcription

1 NSO’s qualification as a criminal street gang (paragraphs 52 to 55); (F) the identification of
2 specific gang members (paragraphs 56 to 76f; and (G) my conclusions in support of
3 injunctive relief against the NSO criminal street gang and all of its members (paragraphs
4 77-78).
A. SPECIAL EXPERIENCE, EDUCATION, AND EXPERTISE REGARDING
5
CRIMINAL STREET GANGS AND GANG MEMBERS
6
7
1.
I am employed as a sworn California Law Enforcement officer employed by
8 the Oakland Police Department (“OPD”). I make this declaration in support of the People’s
9 request for a gang injunction and other relief against the North Side Oakland (NSO)
10 criminal street gang within a proposed Safety Zone, located in the City of Oakland.
11
2.
In this Declaration, except where I state something to be based on my
12 personal observations, I am stating my opinion as a gang expert, or am referring to
13 information that I used to form my opinions. The information I used to form my opinions on
14 the NSO criminal street gang includes gang-related training, discussions with other law
15 enforcement officers including other gang experts, conversations I have had with
16 members, associates, and affiliates of the NSO criminal street gang, conversations I have
17 had with non-gang members who live and work in the community, and my review of police
18 records, internet materials, music, documentaries, and a review of criminal records of
19 gang members.
20
3.
I am currently employed as a police officer with the Oakland Police
21 Department. I have been so employed for three years. My current assignment is Problem
22 Solving Officer in District 2, which covers the physical area of the proposed Safety Zone.
23
4.
I obtained a Bachelor of Arts degree in History and International Relations
24 from the University of California at Davis.
25
5.
For the opinions about the NSO Gang that I discuss in this declaration, I also
26 have drawn on my personal experience as a police officer in patrol performing gang and
-2DECLARATION OF OFC. JOHN CUNNIE ISO RELIEF AGAINST
NORTH SIDE OAKLAND STREET GANG
1 controlled substances enforcement over a three-year period, especially while working as a
2 Problem Solving Officer in north Oakland. Many of the assignments I had at OPD have
3 directly involved investigating the North Side Oakland gangs and gang members and their
4 criminal activity.
6.
5
I have received the following training as a police officer relating to the
6 investigation and identification of gangs and controlled substances trafficking - ongoing
7 training from my supervisor, Sgt. Bernard Ortiz; 40 hours of investigative training from the
8 OPD Criminal investigation division; California POST1 training block on awareness of
9 black, Hispanic and white gangs from the police academy; 30 hours POST training on
10 interview and interrogation provided by the Walnut Creek Police Department; 12 hours of
11 training on controlled substances and street drugs while at the police academy; 16 hours
12 of training from the Alameda County Sheriff’s Department on documenting and tracking
13 gangs and gang members; training on the identification, documentation, and prosecution
14 of gangs and gang members from the Gang Unit of the San Francisco District Attorney’s
15 Office and from the San Francisco Police Department Gang Task Force; 8 hours of POST
16 certified training from Global Investigative Industries on gang investigations and courtroom
17 testimony; training from the Los Angeles City Attorney’s Office on the development,
18 documentation, and execution of civil gang injunctions. I am a member of the California
19 Gang Investigator’s Association.
7.
20
In my work investigating gangs, as explained above, my work involved
21 gathering intelligence on criminal street gangs, including the number and names of gang
22 members, gang trends, the gang’s method of operation, gang terminology, and the gang’s
23 turf, rivalries, alliances, tattoos, graffiti, and clothing. I have had over 250 direct contacts
24 with gang members and their rivals through traffic stops, pedestrian stops, consensual
25
1
California Commission on Police Officers Standards and Training, a state legislatively created agency
26 that sets minimum selection and training standards for California law enforcement officers.
1 encounters, preliminary investigations and follow up investigations involving gang member
2 as victims or suspects, and through parole and probation compliance investigations. I
3 have spoken directly with gang members a majority of the days I have been on duty
4 investigating gang crimes and activities. I have participated in over 50 investigations of
5 crimes involving gang members.
6
8.
As an officer who is very familiar with NSO and gang investigations, I have
7 taught other OPD officers assigned to patrol in north Oakland, OPD specialized units, and
8 OPD Criminal Investigations Division commanders and staff on the recognition and
9 activities of the NSO gang. I have also trained officers and specialized units from the
10 Oakland Housing Authority Police and the Berkeley Police Department on awareness and
11 identification of the NSO gang.
12
9.
A primary objective of my current assignment as a Problem Solving Officer
13 “PSO” is to investigate the NSO gang’s activities in north Oakland. My PSO team is
14 supervised by Sgt. Bernard Ortiz. My assigned beat is 12X, which is bounded by on the
15 north by 51st Street, on the south by 40th Street, on the east by Broadway, and on the west
16 by Telegraph Avenue. I work closely with other PSO Officers Nadia Clark, Patrick
17 Gerrans, and Jason Trode, whose beats are adjacent to mine. Though each PSO is
18 responsible to focus his or her work on their assigned beat, we PSOs regularly support
19 each other’s investigations in other nearby beats. This is especially true of we officers
20 whose beats, like mine and the officers mentioned above, have the bulk of NSO’s criminal
21 activities.
22
10.
I obtain information about the NSO criminal street gang and its activities by
23 conducting custodial and non-custodial interviews with gang members, associates, and
24 affiliates, rival gang members, members of the community, other OPD officers, other law
25 enforcement representatives, and by reviewing crime reports involving gang-related and
26 gang-involved incidents. I also obtain information about the NSO gang and its activities
1 from evidence obtained during search warrant services, probation and parole searches,
2 and searches for gang-related documentation on the internet.
3
11.
Additionally, I received the standard block of initial controlled substances
4 training while in the police academy. My training included knowledge of controlled
5 substances that are commonly abused on the streets of Oakland. I learned to recognize
6 the substances, common packaging for transportation, paraphernalia used to ingest
7 controlled substances, and drug symptomology. I have spoken to users and sellers
8 regarding the use and sale of controlled substances. I have made and assisted in dozens
9 of controlled substances related investigations and arrests. My training and experience in
10 controlled substances investigation helped me better understand criminal street gangs and
11 gang members because the illegal sale of controlled substances is a major source of
12 money to most street gangs in Oakland, and is the source of crimes done to maintain the
13 ability to continue drug sales, such as murders, loitering, graffiti, assaults, and robberies
14
12.
In addition to the formal instruction I have received, I have also learned
15 about street gangs and gang members from senior OPD and FBI officers over the past 2
16 ½ years in informal settings, such as working in patrol or working in special drug and gang
17 projects. My best source of information about criminal street gangs and gang members,
18 however, comes from my routine contact with them on the job, talking with gang members
19 or community members, and from other PSO’s who are also investigating the NSO gang.
B. THE PROPOSED SAFETY ZONE AND ITS SIGNIFICANCE
20
21
13.
The proposed Safety Zone is described as follows: Starting at 37th Street
22 and Martin Luther King, Jr. Way, then west on 37th Street until Adeline Street; then north
23 on Adeline Street until 53rd Street; then west on 53rd Street until Boyer Street; then north
24 along Boyer Street and along the northerly line as it continues along Vallejo Street until
25 66th Street; then east on 66th Street until Herzog Street; then south on Herzog Street until
26 Alcatraz Street; then east on Alcatraz Street until Market Street; then southeast on Market
1 Street until 61st Street; then east on 61st Street until Dover Street; then north on Dover
2 Street until Fairview Street; then east on Fairview Street and along the easterly line as it
3 continues along 66th Street until Telegraph Avenue; then south on Telegraph Avenue until
4 60th Street; then east on 60th Street until Canning Street; then south on Canning Street
5 until 58th Street; then west on 58th Street until Telegraph Avenue; then south on Telegraph
6 Avenue until 49th Street; then west on 49th Street until Shattuck Avenue; then north on
7 Shattuck Avenue until 52nd Street; then west on 52nd Street until Martin Luther King, Jr.
8 Way; then south on Martin Luther King, Jr. Way until the starting point at 37th Street, and
9 extending 100 yards to the outside of each of those boundary streets. I am informed that a
10 copy of a map illustrating the proposed Safety Zone is attached as Exhibit A to the
11 Declaration of Ofc. Jason Trode.
12
Significance of NSO’s Territory or Turf
13
14.
NSO’s turf is the geographic area that it claims as its own. Paragraph 13 of
14 my declaration describes the boundaries of the NSO turf which the People are requesting
15 as a Safety Zone imposed by the court. The proposed Safety Zone does not include all
16 territory claimed by NSO, but does include the area where most NSO nuisance crimes and
17 activities are committed, and where NSO members loiter, congregate, and seek safe
18 haven. By claiming and protecting a turf, NSO intends to use it and occupy it for
19 committing its criminal activities without fear of competition by other gangs, or worrying
20 about residents reporting the crimes or serving as witnesses for the prosecution. NSO
21 gang members and associates can freely move in the turf, without concern that rival gang
22 members are present, and can congregate in public and intimidate residents by their
23 “show of numbers,” or directly threatening them. NSO’s claim to territory is also done by
24 marking the area with graffiti and wearing their clothing, all of which reinforces its image of
25 power and control. This culture of intimidation instills fear of retaliation in residents and
26 crime victims, discouraging them from reporting crimes or cooperating with the police, and
1 creating an atmosphere that NSO is in control.
2
15.
In addition, NSO gang members often carry guns in the proposed Safety
3 Zone. There have been dozens of incidents in which NSO members have been caught
4 illegally possessing loaded guns in public, or in their homes. For example on March 11,
5 2008, NSO gang member Sam Flowers was arrested at 45th Street and Market Street for
6 possession of 40 bags of marijuana packaged for sale and a loaded machine gun he hid
7 under a car. RD# 08-018850, paragraph 5 in the declaration of Officer Steve Valle.
8
16.
Because NSO gang members feel they have “free reign” in their turf to
9 commit crimes, they do in fact terrorize the community. The street level drug sales of NSO
10 members have dominated numerous blocks throughout the proposed Safety Zone. The
11 presence of NSO gang members on the streets, sidewalks and parks intimidates residents
12 and makes them scared to go outside. Most of the shooting deaths that have occurred in
13 north Oakland since 2007 have been directly related to NSO gang members and their feud
14 with rival gangs.
C.
15
DRUG RELATED NUISANCE CRIMES AND ACTS
16
17
EXAMPLE OF THE NSO GANG’S VIOLENT AND
17.
NSO members sell illegal drugs and controlled substances in the open air
18 drug market at all times of the day in public places, such as streets, sidewalks, and parks,
19 within the proposed Safety Zone in the City of Oakland creating a public nuisance. NSO
20 members primarily sell cocaine base and marijuana, and are often arrested in illegal
21 possession of prescription codeine (which they call “Robo” or “Bo”) and also Ecstacy pills.
22 Many of the NSO gang members I have contacted in the proposed Safety Zone were
23 smoking or under the influence of marijuana. This public drug use is a nuisance to area
24 residents and their children. Selling drugs disrupts lawful vehicle and pedestrian traffic
25 and deters, by means of intimidation, lawful citizens and merchants from frequenting areas
26 where drugs are being sold. Selling drugs also amplifies the demand for increased police
1 presence distracting police from other duties. Many nuisance issues, such as unlawful
2 loitering, gambling, littering, loud verbal and physical altercations, public drug use and loud
3 music are associated with drug dealing. Drug dealing also contributes to the likelihood of
4 increased robberies and burglaries in the area where the drug dealing is occurring as
5 chronic drug users commit these crimes to gather money to pay for drugs to satisfy their
6 addictions.
7
18.
Drug dealing (sales of controlled substances) by NSO members is a
8 sequential step towards other violent crimes such as assaults, shootings and homicides as
9 dealers fight to gain and defend drug selling and gang territory. An injunction provision
10 prohibiting NSO gang members from possessing or being near controlled substances will
11 help reduce the illegal street sale nuisance, as well as all the associated crime it attracts.
12
19.
NSO gang drug dealers often possess and discharge firearms in public while
13 they are dealing drugs, which creates a nuisance. Drug dealers will often keep firearms
14 on public or private property close to the location where they are actively selling drugs in
15 order to avoid arrest for possessing firearms. The fact that drug dealers often possess
16 and discharge firearms is common knowledge. This knowledge intimidates law abiding
17 residents, preventing them from confronting the drug dealers and cooperating with police
18 investigations involving members of NSO who deal drugs. Drug dealers intimidate and or
19 threaten rival drug dealers and lawful citizens in order to sell drugs at will.
20
20.
The NSO gang’s drug sales can occur anywhere within the proposed Safety
21 Zone. However, there are a number of established locales where NSO drug sales have
22 been occurring for many years. These areas are plagued not only by illegal drug sales
23 activities, but other crimes that accompany them, such as murders, shootings, assaults,
24 illegal weapons possession, loitering, riding bicycles on the sidewalk, public drug use,
25 public intoxication, and disturbing the peace.
26
1
Street Level Drug (Controlled Substance) Crimes
2
21.
The following are some examples from the last 12 to 18 months of street-
3 level drug-related crimes and activities committed by members of the NSO criminal street
4 gang within the Safety Zone. The examples are presented in the four areas in the
5 proposed Safety Zone where major cliques claim territory and conduct their illegal drug
6 sales activity, and are summaries based on information and belief after review of the
7 percipient officer declarations and related crime reports:
8
Gaskill Area – This area is roughly bounded by San Pablo Avenue and Marshall
9 Street on the west, Stanford Avenue on the north, Market Street and Adeline Street on the
10 east, and 53rd Street on the south. Within that region (which is located in the proposed
11 Safety Zone), the most active drug sales areas are 54th and 55th Street from San Pablo
12 Avenue on the west to Lowell Street on the east, as well as the 5300 to 5500 blocks of
13 Gaskill and Lowell Streets. This area is the main turf of the Gaskill clique of the NSO
14 gang. NSO gang-related murders have recently occurred here on December 27, 2007,
15 May 8, 2009, and September 7, 2009. These murders are described in more detail in this
16 declaration in paragraphs 28a to 28dd.
17
a. On June 8th, 2008, at about 6:22 pm, OPD dispatch received a call for service
18
regarding controlled substances related activity in the 1050 block of 54th Street,
19
which is known NSO gang territory and within the proposed Safety Zone. Officers
20
responded about an hour later and contacted Tyrone Jackson and Dexter Appleby.
21
The responding officers contacted the reporting party to request a statement in
22
support of arrest but the reporting party refused to provide a statement for fear of
23
retaliation. Evidence of controlled substances sales was located but no controlled
24
substances were located. The reporting officer noted that he has contacted
25
Jackson and Appleby many times in the recent past for the same reason as this
26
incident. Jackson and Appleby were arrested for Loitering for the Purpose of
1
Controlled substances Sales (Health and Safety Code 11532). RD#2 08-042663,
2
paragraph 8 of the Declaration of Ofc. Ruiz, Roberto.
3
b. On July 3rd, 2008, at about 11:15 a.m., I was on duty when my squad conducted
4
controlled substances surveillance at 54th St and San Pablo Ave, which is known
5
NSO gang territory and within the proposed Safety Zone. We recovered cocaine
6
base on scene and arrested Tyrone Jackson for the Sales of Controlled substances
7
and Possession of Cocaine-base for Sales. We also arrested Dexter Appleby for
8
Loitering for the Purpose of Drug Sales. Jackson and Appleby are both
9
documented NSO gang members. I am informed that Jackson served over seven
10
months in prison for the above charges. RD# 08-048932, paragraph 24c of the
11
Expert Declaration of Ofc. Clark, Nadia.
12
c. On January 21st, 2009 around 4:30 p.m., I was on duty and responded to a reported
13
robbery of a man who had just walked out of the pharmacy at 5709 Market St in
14
North Oakland, which is within the proposed Safety Zone, and was robbed at
15
gunpoint for his cash, and prescription codeine. One of the suspects was identified
16
as a juvenile NSO gang member known as “Dre,” from surveillance video at the
17
pharmacy. I made contact with Dre,, who identified a second NSO gang member,
18
Marquis Lomack, as the armed suspect in the robbery. I know that codeine is a
19
controlled substance which NSO gang members illegally use. RD# 09-005155
20
d. On May 24, 2009 around 4:35 p.m. Police made contact with juvenile NSO gang
21
member D.T. (17 years old), who was on probation for robbery, loitering at 54th and
22
San Pablo Avenue, which is located in the proposed Safety Zone. The officer noted
23
that D.T. has been seen loitering at the 5400-5600 blocks of Lowell Street also.
24
FC# 09-009927, paragraph 11 of the Declaration of Ofc. Leyva, Ernesto.
25
2
The abbreviations “RD#” means Oakland Police Report number. The abbreviation
26 “FC#” means Oakland Police Department Field Contact number.
- 10 DECLARATION OF OFC. JOHN CUNNIE ISO RELIEF AGAINST
1
e. Also on May 24, 2009, around 7:45 p.m., police made contact with Dexter Appleby
2
loitering in the area of 56th Street and Lowell Street, which is an area frequented by
3
members of the Gaskill clique of the NSO gang, and in the proposed Safety Zone.
4
Appleby was on probation for illegal firearm possession. Appleby wore a tattoo
5
stating “Rest In Peace DOOBIE,” and then told the officer that he hangs out with
6
guys from the Gaskill neighborhood. FC# 09-035958, paragraph 12 of the
7
Declaration of Ofc. Leyva, Ernesto. I know “Doobie” to be a reference to former
8
NSO gang member Charles Fort who was murdered in 2006.
9
f. On May 26, 2009 around 7:04 p.m. police contacted NSO member Melvin Bell
10
loitering at San Pablo Avenue and 54th Street. He was wearing a sweater with the
11
letters “ASAP” embroidered on it. “ASAP” is the name of a clique of the NSO gang.
12
13
g. On June 9, 2008 around 3:12 p.m., police contacted Jamar Scott who was loitering
14
on San Pablo Avenue at 54th Street. Scott was on probation for carrying a
15
concealed weapon. Scott was searched per his probation terms and found him in
16
possession of $700 cash in assorted denominations, which is consistent with
17
persons who sell controlled substances. FC# 09-036939, paragraph 15 of the
18
Declaration of Ofc. Leyva, Ernesto. Scott was contacted by police a few days later
19
on June 14 around 3:51 p.m. for loitering on the 5500 block of San Pablo Avenue.
20
21
h. On June 14, 2009 around 3:51 p.m., police contacted Melvin Bell who was loitering
22
in the 5500 block of San Pablo Avenue with Jamar Scott. FC# 09-037289
23
paragraph 16 of the Declaration of Ofc. Leyva, Ernesto. Police made contact with
24
Bell again a few days later on June 22, 2009 around, 3:14 p.m. in the same
25
location, where he was loitering. FC 09-037626, paragraph 18 of the Declaration of
26
Ofc. Leyva, Ernesto.
1
i.
On July 21, 2009 around 3:45 p.m., I was on duty and made contact with NSO
2
member Jamar Scott and NSO associate Billy Black, who were loitering at 54th
3
Street and San Pablo Avenue. I noted that Black had the words “North” and
4
“Oakland” tattooed on his forearms. The lettering was decorated to have icicles
5
hanging from them. Based on my training and experience, I understand this is a
6
clear reference to the NSO or “North Pole” gang. FC# 09-047334
7
j.
On July 27, 2009 around 4:33 p.m., police contacted Melvin Bell who was loitering
8
with Jamar Scott on the 5400 block of San Pablo Avenue. Bell had been shot by
9
an unknown suspect just a week before at San Pablo Avenue and 62nd Street. FC#
09-047640, paragraph 19 of the Declaration of Ofc. Leyva, Ernesto.
10
11
k. On September 10, 2009, around 6:03 p.m., I was on duty and contacted NSO Gang
12
member Melvin Bell, Jamar Scott, and NSO associate Billy Black loitering in front of
13
975 55th Street. FC#09-053539.
14
l.
On September 24th, 2009, at about 4:30 pm, my squad conducted a controlled
15
substances surveillance at 54th St and San Pablo Ave, known NSO gang territory
16
and within the proposed Safety Zone, and arrested five individuals for either
17
Possession of Cocaine-base for Sales or Loitering for the Purpose of Controlled
18
substances Sales including Jamar Scott, Reginald Appleby are documented
19
members of NSO and Billy Black, is an NSO associate. RD# 09-064781,
20
paragraph 24e of The Expert Declaration of Ofc. Clark, Nadia
21
45th Street at Market Street Area – This area is roughly bounded by 54th Street on
22 the north, by Martin Luther King, Jr. Way, but also extending to Dover Street on the east,
23 by Apgar Street on the south, and by Linden Street on the west. This area, which is
24 located in the proposed Safety Zone, is some of the main turf of the ASAP and FT cliques
25 of the NSO gang. NSO gang-related murders and shootings have recently occurred here
26 on March 19, 2008, August 12, 2008 (one shooting and one murder), April 23, 2009, May
1 9, 2009, May 16, 2009, May 17, 2009, and May 18, 2009. These murders are described
2 in more detail in this declaration in paragraphs 28a through 28dd.
3
m. On December 11th, 2007, officers observed Bao Ngo and his brother Nguyen Ngo
4
sitting in a parked vehicle in the 850 block of 53rd St, which is known NSO gang
5
territory. The reporting officer knew Bao and Nguyen from prior contacts and knew
6
them to be commonly associated with illegal controlled substances activity.
7
Stephon Anthony and Daron Sims were also in the car. Sims was on probation for
8
burglary and during a probation search of the vehicle, the officer recovered cocaine-
9
base and codeine, for which Sims was arrested. RD#07-095389, paragraph 4 of
10
the Declaration of Sgt. Bassett, James. Anthony, and both Ngo brothers are
11
documented members of NSO. Both Bao and Nguyen would be victims in a gang
12
related shooting in April 2009, during which Nguyen was killed. I am informed that
13
Anthony is currently in custody awaiting trial for a gang-related retaliatory triple
14
homicide.
15
n. On November 29th, 2007, at about 7:00 pm, officers detained Tyrone Elebeck at
16
45th St at Market Street prior to serving a search warrant at his address at 843 44th
17
St and located three small baggies of marijuana and a bottle of codeine on his
18
person. During the search warrant service, officers recovered drug packaging and
19
ammunition. Elebeck was arrested for Possession of Marijuana for Sales and
20
Possession of a Controlled Substance. Elebeck is a documented NSO gang
21
member and the area of 45th St at Market St is known NSO gang territory and within
22
the proposed Safety Zone. RD# 07-092395, paragraph 5 of the Declaration of Ofc.
23
Crum, Omega , and paragraph 12 of the Declaration of Ofc. Holton, Rochard.
24
o. On March 11, 2008, at about 9:10 pm, undercover officers observed NSO gang
25
member Sam Flowers in the side driveway of 892 45th St, which is at the
26
intersection of 45th St at Market St. Officers observed Flowers hide a sub-machine
1
gun under an abandoned vehicle, sit next to the vehicle and begin to put a large
2
amount of marijuana into smaller baggies (40 were recovered) for individual sale on
3
the street. Flowers was taken into custody for Possession of Marijuana for Sales
4
and Possession of Machine Gun. RD# 08-018850, paragraph 5 of the Declaration
5
of Ofc. Valle, Steven. The area of 45th St at Market St is know NSO gang territory
6
and within the proposed Safety Zone. Flowers is a documented NSO gang
7
member currently in custody awaiting trial for a gang related triple homicide.
8
p. On September 23rd, 2008, at about 7:11 pm, David Ward was stopped by police in
9
the 800 block of 46th Street for riding his bicycle on the sidewalk. Ward stated that
10
he was on probation and during a probation search of his person, the officer
11
recovered two bags of marijuana and two rocks of cocaine-base. Ward was
12
arrested for Possession of controlled substances and I am informed that his
13
probation was violated. RD# 08-070583, paragraph 6 of the Declaration of Ofc.
14
McMillan, Robert. The 800 block of 46th St is known NSO gang territory and is
15
within the proposed Safety Zone. Ward is a documented member of NSO.
16
q. On February 4, 2009, at about 4:50 p.m., police observed NSO gang member Bao
17
Ngo riding his bicycle on the sidewalk for about 20 minutes. He rode from 40th and
18
Apgar Streets to Apgar and West Streets, where he was detained. This is all within
19
NSO gang territory of the ASAP clique of the NSO gang. Bao Ngo agreed to be
20
searched. He had large amounts of cash in small denominations. FC# 09-003360,
21
paragraph 5 of the Declaration of Ofc. Baglieri, Maurizzio
22
r. On June 5th, 2009, at about 7:00 pm, Berkeley Special Enforcement Unit was
23
conducting surveillance and serving a search warrant at 5428 Market St, which is
24
Derris Dillard’s address. While conducting surveillance, officers observed Ramel
25
Andrews conducting illegal drug transactions from the residence. During the
26
surveillance, Derris Dillard, Ramel Andrews and Chanzae Johnson left the
1
residence in a vehicle and were stopped by officers. A search warrant was then
2
served at 5428 Market St and officers recovered approximately 97 grams of
3
marijuana, a 9mm semi-automatic firearm, .45 caliber unspent ammunition, 2 digital
4
scales, unused “dime bags” and other packaging materials, several hundred dollars
5
US Currency and NSO gang indicia. Andrews was arrested for the Sales of
6
Marijuana, and Dillard was arrested for Possession of Marijuana for Sales and
7
assorted firearms charges. The 5400 block of Market is known NSO gang territory.
8
Dillard, Andrews and Johnson are documented NSO gang members. Berkeley
9
Police Department Report# 09-29529, paragraph 4 of the Declaration of Berkeley
10
Police Sgt. Chu, Jeffrey
11
s. On August 27th, 2009, Roy Johnson Jr. sold marijuana to an undercover officer at
12
45th St at Market. Johnson was arrested for Sales of Marijuana. Johnson is a
13
documented member of NSO and the area of 45th St at Market St is known NSO
14
gang territory and within the proposed Safety Zone. RD#09- 058296, paragraph 16
15
of the Declaration of Ofc. Holton, Rochard
16
t. On September 9, around 6:52 p.m., police contacted with a vehicle parked on 45th
17
Street just east of Market Street. The driver, Jessie Johnson, was on probation for
18
a firearms charge and had “500” and “MOB” tattooed on his forearms. “500” is
19
likely a reference to the Bushrod clique of the NSO gang, which is centered at the
20
500 block of 59th Street. “MOB” means “Money Over Bitches” and is a common
21
tattoo among NSO gang members which reflects the values and ideals of gang
22
lifestyle. NSO gang member Devon Watts was in the car and was on probation for
23
marijuana sales. Watts was wearing a red “A’s” hat, which is commonly worn by
24
members of the ASAP clique of the NSO gang. This location is within the ASAP
25
clique’s territory. FC# 09-053621, paragraph 7 of the Declaration of Ofc. Trode,
26
Jason
1
Bushrod Park Area – This area is roughly bounded by Dover Street on the west, by
2 the Berkeley border on the north (66th Street), by Telegraph Avenue, but also including
3 Canning Street between 58h and 60th Streets, on the east, and by 52nd Street on the south.
4 This area, which is located in the proposed Safety Zone, is frequented by the Bushrod
5 clique of the NSO gang. Bushrod members also call themselves “Cold Gunnaz”. NSO
6 gang-related illegal gun possession, murders and shootings have recently occurred here
7 on April 12, 2008, May 21, 2008, February 1, 2009, February 22, 2009, March 2, 2009,
8 April 26, 2009, and November 30, 2009. These incidents are described in more detail in
9 this Declaration in paragraphs 28a-28dd
10
u. On November 14th, 2007, at about 8:30 am, officers were attempting to locate
11
Darrell Easley, who had an active felony parole warrant, at 755 Alcatraz Ave.
12
Darrell was not at the residence but Donta Easley, who was also on parole, was at
13
the residence. During a parole search of Donta, officers recovered cocaine-base
14
for sales, packaging and weighing scales from the residence and arrested Donta for
15
Possession of Cocaine-base for Sales. RD# 07-088637, paragraph 5 of the
16
Declaration of Ofc. Bergeron, William Both Easley brothers are documented
17
members of NSO and the 700 block of Alcatraz Ave is known NSO gang territory
18
and within the proposed Safety Zone.
19
v. On January 29th, 2008, at about 1:53 pm, officers conducting truancy enforcement
20
stopped four juveniles, three of which are documented NSO gang members, who
21
were hanging out and smoking marijuana in a parked vehicle at 60th Street and
22
Dover. 60th Street and Dover is known NSO gang territory and within the proposed
23
Safety Zone. During a search of the vehicle, officers recovered five rocks of
24
cocaine-base from underneath the driver’s seat where a juvenile I will refer to as
25
D.J. (15 years old) (who is an NSO gang member known as “Lil Morpheus”) had
26
been sitting. Another of the juveniles I will refer to as C.M. (14 years old) stated
1
they had bought the marijuana at 59th and McCall Street, which is also NSO
2
territory just two blocks away. RD# 08-007208, paragraph 6 of Declaration of Ofc.
3
Brooks, Nathan
4
w. On April 29th, 2008, at about 7:00 pm, my squad observed a group of fifteen to
5
twenty subjects loitering on the corner of 59th Street at Canning Street, which is
6
known NSO gang territory and within the proposed Safety Zone. We knew several
7
of the subjects to be on probation from prior contacts. Officer Nadia Clark
8
contacted James Thomas, who was holding an open bottle of gin and on probation
9
with a search clause. Officer Clark recovered cocaine hydrochloride from his
10
pocket, for which he was arrested. Prentis Austin was also contacted on scene and
11
was arrested for an active felony bench warrant. Austin is a documented member
12
of NSO. RD# 08-031971, paragraph 24b of The Expert Declaration of Ofc. Clark,
13
Nadia.
14
x. On July 6th, 2008, at about 7:25 pm, officers stopped a vehicle driven by Anthony
15
Smith, who was on probation, in the area of 59th St at Telegraph Ave. During a
16
probation search of the vehicle, officers recovered three baggies of marijuana and
17
almost $400 US currency. Smith was arrested for Possession of Marijuana for
18
Sales. Smith is a documented NSO gang member and the area of 59th St at
19
Telegraph Ave is known NSO gang territory and within the proposed Safety Zone.
20
RD# 08-049721, paragraph 10 of the Declaration of Ofc. Chen, Vincent
21
y. On February 24th, 2009, at about 4:56 pm, officers attempted to stop Darrell Easley
22
in the 500 block of 57th Street but he fled on foot. Easley discarded a loaded
23
firearm but was taken into custody shortly after in the 500 block of 58th Street. The
24
firearm was recovered and marijuana for sales and US Currency were recovered
25
from Easley. Easley was arrested for Possession of Marijuana for Sales and
26
assorted weapons charges. RD# 09-013903. paragraph 5 of the Declaration of
1
Ofc. DeMarco, Robert. I am informed that at the time, Easley was wanted for
2
questioning in relation to a shooting at Dorsey’s Locker, located at 5817 Shattuck
3
Ave, on January 11th, 2009. Easley is a documented NSO gang member and the
4
500 block of 57th and 58th Streets are known NSO gang territory and is within the
5
proposed Safety Zone.
6
z. On June 3rd, 2009, at about 4:02 pm, Eric Tullis sold marijuana to an undercover
7
police officer in the 500 block of 59th St. Tullis was arrested for the Sale of
8
Marijuana. The 500 block of 59th St is directly across from Bushrod Park, is known
9
NSO gang territory and is within the proposed Safety Zone. Eric Tullis is a
10
documented member of NSO. RD# 09-038027, paragraph 24d of The Expert
11
Declaration of Ofc. Clark, Nadia.
12
aa. On August 26th 2009, at about 5:00 pm, undercover officers observed Donta Easley
13
sell cocaine-base to a subject in front of 755 Alcatraz Ave. Officers arrested the
14
buyer who stated that she bought the cocaine from a guy named “Donta.” Easley
15
was not immediately arrested but a probation violation warrant was issued and he
16
was later taken into custody. Easley is a documented NSO gang member and the
17
700 block of Alcatraz Ave is known NSO gang territory and within the proposed
18
Safety Zone. .RD# 09-058034, paragraph 40f of the Expert Declaration of Ofc.
19
Gerrans, Patrick.
20
bb. On November 22nd, 2009, at about 5:40 pm, I was on duty and stopped two
21
juvenile members of NSO, one of whom I knew to have prior involvement in a
22
robbery. After smelling the strong odor of marijuana coming from their persons,
23
we searched the two juveniles and recovered over ten small baggies of
24
marijuana on each suspect. The 600 block of 61st St is known NSO gang
25
territory and within the proposed Safety Zone. One of the juveniles is a
26
1
documented member of NSO known as “Lil’ C” and the other juvenile admitted
2
his membership to the gang to me during the incident. RD#09-078184
3 60’s Area – The Sixties area is bounded by Stanford Avenue on the south, by Fremont
4 Street on the west, by the Emeryville border (along 66th Street until Herzog Street, then
5 south on Herzog Street until 63rd Street, west on 63rd Street until Lowell), and by Lowell
6 Street on the east. Some Gaskill clique members frequent this area, which is located in
7 the proposed Safety Zone, and the NSO members from here commonly refer to it as the
8 “600” or “The 6”. 62nd Street from Marshall Street to San Pablo is a location with a high
9 incidence of drug sales and violence. Attached are a couple of photos taken in the area
10 which show graffiti where gang members have “tagged” the area to stake their claim to
11 perform drug dealing and other criminal acts here.
12
13
14
15
16
17
18
19
20
21
22
23
24
````
Photo A at 1037 62nd Street. (above) Photo B at 60th St. and San Pablo Ave. (above)
There have been several drug and gang related shootings in this area. Recent shootings
in this location occurred on February 10, 2007, January 28, 2008, July 20, 2009, August 9,
2009, and November 11, 2009. These incidents are described in more detail in this
declaration in paragraphs 28a to 28dd.
25
26
1
cc. On January 2, 2008 around 10:25 a.m., police contacted NSO gang member
2
Yancie Young loitering in the 6300 block of Idaho Street. FC# 08-000020 paragraph
3
14 of the Declaration of Ofc. Holton, Rochard.
4
dd. On April 11, 2008 around 9:37 p.m., police contacted a juvenile I will refer to as
5
M.B. (16 year old black male) who has been known to illegally carry firearms,
6
commit robberies, and possess illegal drugs. M.B. was loitering in front of 993 63rd
7
Street and often associates with NSO gang members. FC# 08-009313, paragraph
8
7 of the Declaration of Ofc Chen, Vincent.
9
ee. On August 26, 2008 around 9:45 p.m., police contacted a NSO gang member
10
Terrence Oliver, Sr. in the area of 62nd Street and San Pablo Avenue, which is a hot
11
spot for illegal drug sales. FC# 08-047784, paragraph 15 of the Declaration of Ofc.
12
Holton, Rochard.
13
ff. On November 23, 2008 around 10:39 p.m., police stopped a juvenile member of the
14
NSO gang I will refer to as T.O., who was riding a bicycle on the sidewalk at the
15
6300 block of San Pablo Avenue. FC# 08-067591, paragraph 9 of the Declaration
16
of Ofc. Leyva, Ernesto. This area has a high incidence of illegal drug sales. I know
17
from my training and experience that persons on bicycles often act as lookouts or
18
the initial point of contact for drug sales.
19
gg. On May 13, 2009 around 7:04 p.m., I was on duty and detained Chanzae Johnson
20
in the 5700blk of Adeline St, which is within the proposed Safety Zone. Chanzae
21
Johnson was on probation for a drug related charge. Johnson’s vehicle (located at
22
55th and Market Street) and residence (6620 Helen Court) were searched and we
23
recovered a bottle of codeine without a prescription. Documented NSO gang
24
members Derris Dillard and Ramel Andrews watched our initial contact while
25
standing at 59th Street and Adeline. They then followed us to Chanzae Johnson’s
26
1
home at 6620 Helen Court for the probation search. RD# 09-032968, and FC#09-
2
009450, paragraph 40f of The Expert Declaration of Ofc. Gerrans, Patrick.
3
hh. On June 11th, 2009, at about 11:55 am, Oakland police officers conducted a
4
probation search at 1037 63rd St, Yancie Young’s residence. During the search,
5
officers recovered a .40 caliber semi-automatic handgun, a large amount of
6
marijuana, a large amount of US Currency, body armor, a high capacity automatic
7
weapon magazine, three digital scales and several boxes of ammunition. Young
8
was arrested for possession of marijuana for sales and prohibited person with a
9
firearm. During the search of Young’s residence, a stocking with the words “North
10
Pole”, a beanie type hat with the words “North Pole Savage 456”, and several
11
photos of subjects involved with the NSO street gang were recovered as evidence.
12
Young is a documented NSO gang member. RD# 09-039955, paragraph 10 of the
13
Declaration of Ofc. Keely, Douglass
14
ii. On November 23rd, 2009, at about 5:29 pm, a woman called the police from the
15
1000 block of 63rd St reporting that NSO gang member Yancie Young had just hit
16
her in the forehead with a Mac-10 submachine gun with a silencer on it and was
17
now giving his firearms to his uncle in a house across the street. Prior to police
18
arrival, Young fled the scene on foot. I was on duty and responded to the scene
19
and took Young into custody a block from his residence. Other officers on scene
20
secured Young’s residence and his uncle’s residence across the street. I obtained
21
a search warrant for the residences and upon service, we recovered a large amount
22
of marijuana, a large amount of US Currency, a large amount of handgun and
23
assault rifle ammunition, a silencer, a loaded high capacity magazines and NSO
24
gang clothing. Young was arrested for Prohibited Person in Possession of
25
Ammunition, Possession of a Silencer, and Possession of Marijuana for Sales with
26
the gang enhancement. Young is a documented member of NSO. RD# 09-078361.
1
Violent Crimes Related to NSO’s Rivalry with Berkeley Gangs and west
2
Oakland gangs.
3
22.
For the past several years, there has been a deadly gang rivalry between
4 NSO and gangs from Berkeley. There has also been
5 consistent violence with gangs from west Oakland. It is
6 common to find graffiti in the Safety Zone and in areas
7 where Berkeley and Oakland border each other. There is
8 graffiti “6100” on a street sign at Martin Luther King Jr. Way
9 at the Berkeley border; this warns anyone coming into
10 Oakland that this clique claims control of this turf. See
11 Photo C (right)
12
23.
Members of the NSO gang will often assault
13 any Berkeley gang members found in NSO turf. Likewise, members of NSO who are seen
14 in Berkeley territory will be assaulted. If members of NSO seek to assault a rival Berkeley
15 gang member, they will travel the Berkeley gang’s territory because they know that they
16 will find rival gang members in that area. As a result, the majority of rivalry-related
17 shootings and homicides against NSO members have occurred in the Safety Zone.
18
24.
This rivalry between the NSO gang and Berkeley and other west Oakland
19 gangs has created a public nuisance within the proposed Safety Zone. Members of the
20 community within the Safety Zone frequently become innocent victims of the violence
21 created by the rivalry. I am aware of numerous incidents where cars, businesses and
22 homes of community members living or passing through in the Safety Zone have been
23 damaged by stray bullets, crashed vehicles, or other means as a result of the rivalry
24 violence. I am also aware of incidents within the Safety Zone where innocent bystanders
25 have been killed as a result of the rivalry violence between NSO and rival gangs.
26
25.
I have found that rivalry crimes between the NSO gang and Berkeley gangs
1 often follow each other in rapid sequence. For instance, if a member of NSO is assaulted
2 by a Berkeley gang member, then NSO gang members will quickly retaliate with an
3 assault on Berkeley gang members. I am aware of numerous shootings and homicides
4 that have occurred since 2006 as a result of the deadly rivalry between NSO and Berkeley
5 gangs.
6
26.
Based on intelligence I have gathered, I believe that the feud between
7 Berkeley gangs and NSO began with a drug dealer from Bushrod named L.A. Austin.
8 Austin grew up with and was friends with Gregg Fite. Fite is also known as “Na Na.” Fite
9 is a “shotcaller” in the Berkeley gang, “Waterfront.” In 2002, Austin and Fite got into a
10 personal dispute possibly over one person stealing another person’s rims off of their
11 vehicle. The personal dispute escalated in 2003 when Wayne Camper was shot to death
12 in front of Dorsey’s Locker at 5817 Shattuck Ave. (RD# 03-076763) Camper was the
13 younger brother of Carlos McClure, AKA “Los,” an associate of Austin’s.
14
27.
Austin retaliated by setting up a fake marijuana deal at an Oakland Housing
15 Authority Property in the area of Bushrod Park with Robert Perry aka ‘lil Rob. Austin and
16 Christopher Patrick ambushed Perry, killing him. After the murder of Perry, the rivalry
17 became extremely violent with several shootings and murders to the point where members
18 of NSO members could not hang out on Shattuck Avenue near Bushrod Park and were
19 forced to hang out and deal drugs at 59th Street between Adeline and Market Street. The
20 feud continued through the years and included the shootings and murders described
21 below. The murder of NSO gang member Nguyen Ngo in April of 2009 rekindled the
22 violent feud between NSO and Berkeley gangs. In the weeks and months after Ngo’s
23 homicide, there were several gang related shootings and homicides in both north Oakland
24 and Berkeley gang territory.
25
28.
It is my opinion that the 31 murders, shootings, and weapons offenses
26 described below are related to the NSO gang and its members. Additionally, it is my
1 opinion that the following incidents are directly related to the continuing feud between the
2 NSO gang and Berkeley gangs: July 12, 2006, February 10, 2007, July 21, 2007, April 23,
3 2009, April 25, 2009, May 6, 2009, May 8, 2009, May 16, 2009, May 17, 2009, May 18,
4 2009, June 2, 2009, November 14, 2009, and November 30, 2009. The incidents cited
5 below are based on information and belief gained through interviews, investigation, and
6 percipient witness declarations and crime reports that I have reviewed.
7
a. Murder - On July 12, 2006, Charles Fort AKA “Doobie” was shot in front of his
8
house at 969 55th Street, which is located in the proposed Safety Zone. He was at
9
home around 10:45 p.m. and went outside around 11:30 p.m. when he was shot in
10
front of the house by unknown suspects. A witness gave a statement that Charles
11
Fort had the nickname “Doobie,” that she heard 3 or 4 gunshots, then saw Fort run
12
inside the house and collapse in the kitchen as he yelled, “I got shot.” Several NSO
13
members now have “RIP Doobie” tattooed on their body in reference to Fort. I have
14
spoken with several NSO members who believe Berkeley gang members were
15
responsible for the homicide. RD# 06-065291, paragraph 6 of Declaration of Ofc.
16
Kirkland, Rodney -
17
b. Shooting - On February 10, 2007, Jermaine Davis, a member of the Waterfront
18
Boys, a Berkeley gang, was arrested by Berkeley Police for a shooting a gun
19
multiple times at an automobile at 65th and Idaho Streets in Berkeley, just one block
20
north of the Oakland border and NSO territory. The vehicle that Davis shot at was
21
registered to documented NSO gang member Raphael Duarte. Berkeley Police
22
Department Report # 07-7131, paragraph 3-6 of the Declaration of Berkeley Police
23
Ofc. Salas, Scott.
24
c. Murder - On July 21st, 2007 around 1:06 p.m., Joseph Carroll and Kikihesha Brooks
25
were driving their vehicle northbound on Martin Luther King Jr. Way at 59th St and
26
were shot by unknown suspects causing them to crash. Brooks later succumbed to
1
her injuries. RD# 07-056600, paragraph 5 of the Declaration of Ofc. Brooks,
2
Nathan. I am informed that Carroll is a Berkeley gang member who was later
3
arrested in 2009 during a gang related Oakland homicide investigation. The 5900
4
block of Martin Luther King Jr. Way is known NSO gang territory.
5
d. Murder - On December 27, 2007, around 8:00 p.m., documented NSO gang
6
members of the Gaskill clique, Demoria “Duckie” Spikes and Tyrone Jackson were
7
parked in a vehicle at 55th and Gaskill Streets, which is located in the proposed
8
Safety Zone. The suspect vehicle pulled up and one or two suspects shot five to six
9
rounds at the parked victim vehicle. Spikes was hit twice in the head and killed,
10
and Jackson was hit in the back. Based on the evidence to date, I believe this is a
11
gang related shooting because of the location, which is a center of criminal drug
12
sales by the Gaskill clique of the NSO gang and because the victims were both
13
NSO gang members. RD# 07-099051, paragraph 4 of the Declaration of Ofc.
14
Pereda, Jorge
15
e. Gun Possession - On January 28, 2008 around 11:42 a.m., a 16 year old black
16
male juvenile who I will refer to as T.O. was seen by police at 6000 Idaho Street,
17
which is located in the proposed Safety Zone. A police officer contacted him to
18
confirm his truancy status, as it was still during school hours. T.O. ducked into
19
some bushes and then reappeared. Hidden in the bushes where T.O. had been
20
moments before was a black revolver with scratched off serial numbers at the
21
barrel. T.O. then admitted he had hidden the gun and stated he received it from
22
Demoria “Duckie” Spikes who had been killed in December 2007. The gun was
23
previously reported as stolen. RD # 08-006844, paragraph 8 of the declaration of
24
Ofc Lau, Wilson. I believe that T.O. is a member of the NSO gang.
25
26
f. Gun Possession - On March 9, 2008 at around 11:57 p.m., documented NSO gang
members Lajon Collins and Christopher Patrick were seen loitering inside a
1
laundromat at 59th Street and Telegraph Avenue, which is located in the proposed
2
Safety Zone. Collins was pacing and nervous, then seen to pull a silver pistol from
3
the waistband of his pants, and place it into a clothes washing machine. Officers
4
recovered a loaded .38 caliber handgun from the washing machine. Collins was
5
arrested for carrying a concealed weapon, ammunition, and an unregistered
6
handgun. RD#08-018297, paragraph 24a of The Expert Declaration of Ofc. Clark,
7
Nadia.
8
g. Shooting - On March 19, 2008 around 2:30 p.m., Jeffrey McCutcheon was driving
9
at 53rd Street between Genoa Street and Martin Luther King, Jr. Way when he was
10
shot multiple times. Witnesses saw a suspect get out of another car carrying a rifle
11
and chase and shoot at McCutcheon, hitting him three times. One bullet entered a
12
nearby residence. During this foot chase, the victim and suspect ran through
13
residents’ properties, and eight expended bullet casings were found in the rear of
14
881 53rd Street. RD#-08-020856, paragraph 7 of the Declaration of Ofc. Nieves,
15
Francisco. This crime occurred in NSO gang territory. Based on information
16
received from fellow police officers, I believe McCutcheon is a gang member from
17
Ghost Town in west Oakland. Based on the evidence to date, I believe this is
18
possibly a gang related shooting because McCutcheon was a gang member from
19
west Oakland who was in NSO territory.
20
h. Shooting - On April 12, 2008 around 6:00 p.m., I was on duty and responded to a
21
complaint of a shooting near 60th Street and Whitney Street, which is 1 block from
22
Bushrod Park and inside the proposed Safety Zone. When I arrived on scene, I
23
learned that Lamar Cotton of Richmond, California, had been sitting in a green
24
Dodge Charger near the intersection of Whitney and 60th Streets, which is one
25
block from Bushrod Park, and within NSO territory. A black male about 24 years
26
old drew a pistol shot at Cotton three times and ran away on foot. Cotton was hit by
1
at least one bullet. Three expended bullet casings were recovered on the street.
2
Cotton ran through private yards before knocking on a resident’s door for help.
3
Other occupants of the Charger drove off at a high rate of speed, hitting multiple
4
parked cars on Whitney Street, and then later abandoned the car at 55th Street and
5
Martin Luther King, Jr. Way. The registered owner of the vehicle, who lived in
6
Hayward, attempted to report the vehicle as stolen shortly after the incident. It had
7
three bullet holes in the front windshield and the front wheels were heavily
8
damaged from the collisions. During the investigation of this shooting, I saw
9
several small clear plastic zip-loc baggies and tobacco on the ground where the
10
victim vehicle had been parked. Cotton was uncooperative with the investigation.
11
Based on the evidence to date, it is my opinion that Cotton and the other occupants
12
of the Charger vehicle were participating in controlled substance activity in NSO
13
territory, and were assaulted. RD# 08-031661
14
i.
Gun Possession - On May 21, 2008, around 10:59 p.m., my partner and I were on
15
patrol at the 5800 block of Shattuck Avenue when I saw documented NSO gang
16
member Christopher Patrick standing in front of the Dorsey’s Locker bar at 5817
17
Shattuck Avenue, which is one block from Bushrod Park, a central drug selling
18
location for the Bushrod clique of the NSO gang and within the proposed Safety
19
Zone. I knew Patrick was on parole for illegal possession of a firearm. Patrick saw
20
me and my partner and fled, jumping over fences and running through private
21
yards. We spotted him five minutes later in front of 5810 Shattuck, a private
22
residence, and then he fled into the rear yard and hid under the house. In the
23
process of fleeing from the police, Patrick broke the fence at this residence. After I
24
arrested him, I found a loaded .38 caliber revolver exactly where he had been lying
25
under the house. I also found that Patrick was in possession of codeine cough
26
syrup. RD# 08-037911
1
j.
Shooting - On August 12, 2008 around 11:37 a.m., documented NSO gang member
2
Tyrone Elebeck, Jr. was a front passenger in a Honda automobile driven by Daniel
3
Cornist and containing passenger Gregory Nelson, traveling southbound on Market
4
Street near 52nd Street, which is located in the proposed Safety Zone. A black
5
Nissan pulled alongside and displayed a gun to the occupants of the Honda. The
6
Honda turned onto 52nd Street to get away, and the Nissan pursued it. The
7
occupants of the Nissan then fired about 50 bullets at the Honda and its occupants.
8
The Honda fled onto interstate 580, and then exited at Lakeshore Avenue, with the
9
Nissan in pursuit. Once off the freeway, the suspects in the Nissan fired about five
10
more gunshots, and then escaped via freeway. Cornist and Nelson were both hit
11
by bullets. Police recovered 28 Remington .223 caliber expended bullet casings
12
and six 9mm expended bullet casings in the area of the initial shooting on 52nd
13
Street. Five parked vehicles were damaged by bullets. RD# 08-059141 paragraph
14
6 of the Declaration of Ofc. Murphy, and paragraph 4 of the Declaration of Ofc.
15
Messier, Robert. The .223 caliber bullets are made for use in assault rifles. Tyrone
16
Elebeck told Cornist during the incident that the suspects “look like the niggas from
17
29th Street.” Based on the evidence to date, I believe this to be a gang related
18
shooting because of NSO gang member Elebeck’s involvement, the initiation of the
19
shooting in NSO territory, and the identification of the suspects being from 29th
20
Street. 29th Street is a reference to gang territory in west Oakland.
21
k. Murder - Later that day (August 12, 2008) around 9:25 p.m. Keenan Hall, a 30 year
22
old black male, was on the sidewalk at 45th and Market Streets speaking to Lemell
23
Armstrong This is just seven block south of the shooting that occurred at 11:37
24
a.m., is in turf frequented by members of the NSO gang, and within the proposed
25
SafetyZone. Suddenly, several gunshots came from a vehicle that pulled up to the
26
intersection, fatally striking Hall. Two parked vehicles were struck by bullets. Police
1
recovered several expended .40 and .223 caliber bullet casings about 20 feet from
2
Hall’s body. A witness who knew Hall stated that he believed the killing was
3
retaliation for the shootings that have been occurring on this street. I know that
4
during gang violence, gang members will go to prominent areas of the rival gang,
5
such as 45th Street at Market Street, and shoot anyone they suspect of being
6
involved with the rival gang. Based on the evidence to date, it appears that Hall
7
was mistaken as a gang member during ongoing gang violence, while standing on
8
a sidewalk near a prominent NSO gang corner. RD# 08-059345 paragraph 5 of
9
Declaration of Ofc. Hassna, Joel
10
l.
Shooting - On February 1, 2009 around 12:37 p.m. a 13 year old juvenile member
11
of the NSO gang who I will refer to as T.O., was on the 5700 block of Genoa Street,
12
which is located in the proposed Safety Zone, with two other black males when an
13
all-out gun battle took place involving T.O. and at least 7 other suspects. There
14
were many witnesses to this event. The two groups of black males shot multiple
15
times at each other on Genoa Street. T.O. fled into a neighboring yard after the
16
shootout. He confessed to police that he had fired his gun 5 times at the other
17
group of suspects. All other suspects fled in cars. Bullets struck at least three
18
houses and 5 parked automobiles, causing significant property damage. 22
19
expended bullet casings were recovered from the area. RD# 09-008069, paragraph
20
4 of the Declaration of Ofc. Lee, Gunther. Based on the evidence to date, I believe
21
this to be a gang related shooting because of T.O.’s involvement and the location in
22
NSO territory.
23
m. Murder - On February 22nd, 2009 around 6:11 p.m., a 33 year old black male was
24
shot and killed in front of 634 61st Street. Neighbors reported that a group of black
25
males and females were standing in front of 644 61st Street where both Donta and
26
Darrell Easley live. This is within the proposed Safety Zone. A car drove up and a
1
black male got out and fired 4 to 5 shots, then drove off northbound on Shattuck
2
Avenue towards Berkeley. Members of the group placed the victim in a van, then
3
drove to the hospital. One witness who refused to give a formal statement or to be
4
identified because of fear or retaliation said the shooting was likely related to 644
5
61st Street where two drug dealers named “Donte” and “Darryl” live. A relative of the
6
victim who was present at the crime said they were there to visit a friend.
7
Witnesses discussing the crime at the hospital mentioned the name “Black” (which
8
is Darrell Easley’s moniker) over and over. Donta Easley later told police on March
9
2, 2009 that his brother Darrell Easley was present at the shooting. RD# 09-
10
013353, paragraph 5 of the Declaration of Sgt. Bassett, James, and paragraph 6 of
11
the Declaration of Ofc. Dorham, Gordon. Both Darrell and Donta Easley are
12
documented NSO gang members and the 600 block of 61st Street is known NSO
13
gang territory and within the proposed Safety Zone. Based on the evidence to date,
14
I believe Darrell Easley was the intended target of this shooting, and that the victim
15
was a bystander hanging out near a gang member’s house.
16
n. Death Threat - March 2, 2009, NSO gang member Donta Easley called Oakland
17
police from 644 61st Street to report a death threat made against him by telephone.
18
An anonymous caller told Donta Easley that they had unsuccessfully tried to kill his
19
brother (NSO gang member Darrell Easley, who apparently was the intended victim
20
of a killing on February 22, 2009) but they would kill Donta Easley instead. The
21
caller described the exact clothes Donta Easley was wearing at the time of the
22
telephone call. Donta Easley told police that the threat was in connection the
23
homicide of on February 22, 2009 just a few doors away, where his brother Darrell
24
Easley was the likely intended victim. RD# 09-015344 paragraph 7 of the
25
Declaration of Ofc. Murphy, Brian.
26
o. Murder - On April 23, 2009, at 4:15 p.m., documented NSO gang member Nguyen
1
Ngo of the ASAP clique, was fatally shot in the 800 block of 45th Street, near Market
2
Street, Oakland. His brother, documented NSO gang member Bao Ngo, was also
3
shot and survived. 45th Street and Market is a major intersection that is claimed by
4
the ASAP clique for street controlled substance sales activity, and is inside the
5
proposed Safety Zone. The gunman shot at the Ngo’s from a moving vehicle, then
6
fled north on Market Street, toward Berkeley. At the hospital where Ngo was taken,
7
police saw a number of ASAP clique members. RD#09-028185. paragraph 4 of the
8
Declaration of Ofc. Griffin, William. I have since been informed that NSO members
9
suspected the gunmen was a Berkeley gang member. Soon thereafter, NSO gang
10
11
members began wearing clothing memorializing Nguyen’s death.
p. Shooting - On April 25, 2009 at 6:19 p.m., three to six gunshots were fired at 7th
12
Street and Channing Way, Berkeley, a few houses away from where Berkeley gang
13
member Jermaine Davis lives. Jermaine Davis was contacted by police at the
14
scene. A witness reported the gunmen fled in a red Pontiac. Berkeley Police
15
Department Report #09-19991, paragraph 3 of the Declaration of Berkeley Police
16
Ofc. Ledoux, Joseph
17
q. Gun Possession - On April 26, 2009 around 9:04 p.m., Oakland police contacted
18
four black males who were standing on the sidewalk on the 500 block of 59th Street,
19
which is immediately across from Bushrod Park, a center for NSO gang activity,
20
and is located in the proposed Safety Zone. A 16 year old black male who I will
21
refer to as D.J. was contacted and stated he was on probation for robbery. A 12
22
year old black male who I will refer to as M.B. was found in possession of a loaded,
23
concealed 9mm pistol, which he hid in the waistband of his pants. RD# 09-028923,
24
paragraph 6 of the Declaration of Ofc. Perez-Angeles, Eriberto. Both of these
25
persons, along with a third juvenile (15 years old) who I will refer to as C.M., are
26
known members of the Bushrod Clique of the NSO gang. Adult NSO member Eric
1
2
Tullis was also present at this incident.
r. Brandishing Guns - On May 6, 2009, at 10:34 p.m., two to three persons covering
3
their faces with hoods or masks were at 2301 San Pablo Avenue, Berkeley
4
brandishing firearms (including two possible machine guns) as they walked toward
5
the victims. The victims were standing outside but fled into a liquor store when they
6
saw the suspects approaching them. One of the victims was Charles Davis of
7
Berkeley, who is the brother of reputed Berkeley gang member Jermaine Davis.
8
The suspects walked about the parking lot of the liquor store, apparently looking at
9
the victims, and left. A witness at the scene stated that a person named “Beatrice”
10
from north Oakland was driving a burgundy vehicle possibly involved in the incident
11
(a red Pontiac was seen at the April 25 shooting).. I know that NSO Gang member
12
Brian Downing goes by the moniker “Beatrice.” Berkeley Police Department
13
Report # 09-22891, paragraphs 3 and 4 of the Declaration of Berkeley Police Ofc.
14
Kassebaum, Ross. Based on the evidence to date, it is my opinion that the
15
suspects were NSO members who were seeking to kill Jermaine Davis or his
16
brother Charles Davis to avenge the April 23, 2009 killing of NSO gang member
17
Nguyen Ngo.
18
s. Murder - On May 8, 2009, at 12:45 a.m., suspected Berkeley gang member Larry
19
Spencer, Jr. was shot and killed in the 5300 block of Martin Luther King Jr. Way,
20
Oakland, which is documented NSO gang territory and the center of the Safety
21
Zone. Witnesses hearing reported up to 10 gunshots. Spencer was 19 years old
22
and lived on Russell Street in Berkeley. RD# 09-031622, paragraph 9 of the
23
Declaration of Ofc. Bermudez, Melvin, and paragraph 7 of the Declaration of Ofc.
24
Mitchell, Stephen. Video surveillance of the incident shows that several of the
25
subjects walking with Spencer were holding firearms and firing them at a passing
26
vehicle, apparently in response to an attack. This kind of activity is consistent with
1
gang member retaliation, especially as part of an ongoing feud, as was occurring at
2
this time.
3
t. Shooting -On May 8, 2009 around 4:27 p.m., I was on duty and dispatched to a
4
report of gunshots on the 800 block of 52nd Street. Dispatch also informed me that
5
a caller reported seeing black male with long braided hair, wearing a white t-shirt
6
and blue jeans, and holding a gun, go into 814 52nd Street after the shooting. When
7
I arrived at 814 52nd Street, I saw Devon Watts exiting the house and detained him.
8
Watts matched the description given by the caller. I saw apparent bullet holes in
9
the front of 814 52nd Street; a resident said that the bullet holes had not been there
10
before. I searched the residence and recovered a loaded 9mm handgun. Watts
11
gave a signed statement indicating that he had been standing in front of 814 52nd
12
Street with a few other people when he heard gunshots being fired and ran into the
13
house for cover. The letters “NSO” are etched into the sidewalk in front of 814 52nd
14
Street. Watts was wearing a purple “A’s”
15
hat with the following embroidery “RIP
16
Nguyen.” Nguyen Ngo, an ASAP clique
17
member, had been murdered at 45th
18
Street and Market Street a few weeks
19
earlier. Attached hereto as Photo D
20
(right) is a true and correct copy of a
21
photo of Watts with the A’s hat he was wearing. Based on the circumstances of this
22
shooting, it is my opinion that this shooting was part of the active feud between the
23
NSO gang and a Berkeley gang. RD# 09-031752, paragraph 9 of the Declaration
24
of Ofc. Calonge, Nicholas.
25
26
u. Murder - On May 16, 2009, at 6:34 p.m., Charles Davis, the brother of Jermaine
Davis, was shot in the street multiple times and killed at 10th St and Allston Way in
1
Berkeley. The suspect vehicle, a Cadillac, fled from Berkeley Police at high speed
2
directly to the Safety Zone. The Cadillac, driven by documented NSO gang
3
member Stephon Anthony, eventually crashed into an uninvolved car at 53rd St and
4
Martin Luther King Jr. Way, and then ran onto the sidewalk where it hit a
5
pedestrian. The pedestrian and the driver of the uninvolved vehicle both died as a
6
result of being hit by the Cadillac. Stephon Anthony and Anthony Price, another
7
documented NSO gang member, were taken into custody on scene. NSO gang
8
members Sam Flowers and Raphael Campbell fled, but were later arrested. Two
9
assault rifles were recovered in the vehicle and both suspects were arrested for
10
three counts of murder. Indicia for documented NSO gang member Bao Viet Ngo,
11
the brother of Nguyen Ngo who was murdered on April 24 in Oakland, was found in
12
the suspect vehicle. Photographs of NSO gang members, including Bao Ngo,
13
Nguyen Ngo, and Rafael Duarte were also found in the suspect vehicle. All four
14
suspects have been charged with the three murders. Berkeley Police Department
15
Report #09-02522, paragraphs 3, 4, and 5 of the Declaration of Berkeley Police
16
Sgt. Stines, Chris, and paragraph 3 of the Declaration of Berkeley Police Sgt. Hong.
17
Based on the evidence to date, I believe that this murder shows the strong
18
connection between the various cliques of the NSO gang. Nguyen Ngo was an
19
ASAP clique member. His death was avenged by NSO gang members associated
20
with the Bushrod clique (Stephon Anthony and Anthony Price), the Gaskill clique
21
(Rafael Campbell), and the ASAP clique (Sam Flowers).
22
v. Shooting - On May 17, 2009, at 9:10 p.m., I am informed and believe that Berkeley
23
residents Floyd Cole and Larry Spencer, Sr. (whose son was killed in NSO territory
24
on May 8) were driving in the area of 53rd Street and Dover Street, which is
25
Documented NSO gang territory within the Safety Zone, and were shot at by a
26
passing vehicle. Floyd Cole was contacted at the scene and gave a written
1
statement that he was in a friend’s van with three other people, making a U-turn at
2
53rd Street and Dover, when a dark colored Dodge sped toward them and stopped.
3
A black male got out of the Dodge and fired a gun at the van. Another witness said
4
they heard from 10 – 20 gunshots and saw “Larry” get out of the van and say “I’m
5
shot.” Police could not find Larry at the scene, but I am informed and believe that
6
on May 20, 2009 Larry Spencer came into the emergency room at Alameda County
7
Hospital with gunshot wounds. I am informed that Spencer told Ofc. M. Russo that
8
he was in a van with Floyd Cole on May 17, 2009 near 53rd Street and Dover when
9
two cars drove by and shots were fired. He was hit in the back and feet. Spencer
10
said his son was killed recently by the same “crew” who shot at him. Police found a
11
large amount of expended .223 and 9mm bullet casings were found in the area.
12
RD# 09-033921,
13
w. Shooting - On May 18, 2009, at about 10:30 p.m., a car drove by 886 52nd Street,
14
Oakland (which is inside the Safety Zone), and shot at the occupied house.
15
Documented NSO gang members Patrick Johnson and Roy Johnson, Jr. live at 886
16
52nd Street but were not there at the time of the incident. Two bullet holes were
17
identified on the house, and residents reported hearing as many as 15 gunshots.
18
Both Patrick and Roy Johnson, Jr. have tattoos associated with the NSO gang.
19
Roy Johnson, Sr., who was at home during the shooting, admitted the shooting was
20
gang related. RD# 09-034163, paragraph 6 of the Declaration of Ofc. Krump,
21
Jennifer.
22
x. Shooting - On July 20, 2009 around 6:14 p.m., documented NSO gang member
23
Melvin Bell and a black female juvenile were parked in Bell’s van on 62nd Street
24
near the corner of San Pablo Avenue, which is in the proposed Safety Zone. An
25
unidentified black male aged 18-23 years old walked up to the passenger side
26
window and shot at least seven times with a .45 caliber semiautomatic handgun,
1
hitting both Bell and his passenger. The suspect ran off and then got in a car,
2
which drove westbound. RD#09-049389, paragraph 8 of the Declaration of Ofc.
3
Jeager, Michael. Based on the evidence to date, I believe this incident is gang
4
related because 62nd St at San Pablo Ave is a traditional drug dealing corner
5
controlled by NSO members and Bell’s involvement.
6
y. Shooting -On August 9, 2009 around 2:30 a.m., documented NSO gang member
7
Marcellus Collins was walking across San Pablo Avenue near 62nd Street, which is
8
located in the proposed Safety Zone. Collins suddenly drew a handgun and shot
9
four to five times at a green car that was driving by on San Pablo Avenue. One of
10
the bullets struck a 56 year old black male in the chest, who was standing nearby.
11
A witness identified Collins as the gunman and as a drug dealer from the area. The
12
witness refused to give further information out of fear of Collins, because the
13
witness knew that Collins saw the witness at the scene. RD# 09-054099, paragraph
14
6 of the Declaration of Ofc. Pulsipher, James. Based on the evidence to date, I
15
believe this incident is gang related because this location is a traditional drug
16
dealing corner controlled by NSO gang members and Collins’ gang involvement.
17
z. Witness Intimidation - On September 1, 2009, documented NSO gang member
18
Marcellus Collins was arrested for the August 9, 2009 shooting described above.
19
Police searched his residence and found photographs of Collins displaying gang
20
hand signs. Further investigation resulted in information that Collins had made
21
threats toward a witness to the August 9, 2009 shooting. On September 17, the
22
District Attorney charged Collins with Assault with a Deadly Weapon and
23
Threatening and Intimidating a Witness. The witness had stated that Collins
24
brandished a firearm while making threats to dissuade the witness from giving
25
testimony RD# 09-064058, paragraphs 4 through 14 of the Declaration of Ofc.
26
Morrow, Frank.
1
aa. Murder - On September 7, 2009 around 5:05 p.m. documented NSO gang
2
members Melvin Bell and Tyrone Jackson were at the northwest corner of the
3
intersection of Gaskill Street and 54th Street, along with at least one other male and
4
two females. A small red sedan approached on 54th Street from the east, and one
5
to two black males aged around 20 years old got out, and then ran toward the
6
group, shooting handguns. About 16 spent rounds of ammunition were later found
7
on the ground. The suspects then got back into the car and drove off toward San
8
Pablo Avenue to the west. An uninvolved 17 year old black female was shot in the
9
face and died at the scene. Tyrone Jackson sustained a bullet wound to the leg.
10
RD# 09-060751, paragraph 20 of the Declaration of Ofc Leyva, Ernesto. Evidence
11
which cannot be currently disclosed identifies one of the suspects as a member of
12
another Oakland gang that operates immediately adjacent to the south border of
13
NSO gang territory. Based on the evidence to date, I believe that NSO gang
14
members Tyrone Jackson and Melvin Bell were the intended targets of this
15
homicide.
16
bb. Shooting -On November 11, 2009 around 6:50 p.m., NSO associate Darius Irvin
17
was on San Pablo Avenue at 60th Street, which is located in the proposed Safety
18
Zone. An unidentified black male on the same sidewalk shot a pistol twice, hitting
19
Irvin, who fell to the ground. The suspect then shot three more times at Irvin, then
20
ran east bound on 60th Street. NSO gang member Tyrone Jackson was detained
21
by officers responding to the scene as he was running on San Pablo Avenue away
22
from the scene of the shooting. RD# 09-075777, paragraph 4 of the Declaration of
23
Ofc. Souza, Keith. Based on the evidence to date, I believe this shooting in gang
24
related because 60th St. and San Pablo Ave. is within NSO gang territory and
25
Tyrone Jackson is a documented NSO gang member. Darius Irvin has been
26
contacted with NSO gang members in gang territory and wearing NSO gang
1
2
clothing.
cc. Shooting - On November 14, 2009 around 8:03 p.m., Julius Evans, who had just
3
moved into the area from the “waterfront” part of Berkeley, was at Linden Park
4
(Linden Street between 42nd and 43rd Streets), which is located in the proposed
5
Safety Zone, when multiple suspects pulled up in a car, chased Evans, and shot at
6
him at least three times. A friend of Evans arrived at the scene stated that the
7
“guys from 45th Street and Market” are after Evans. RD# 09-076429, paragraph 21
8
of the Declaration of Ofc. Leyva, Ernesto. The 45th and Market area is frequented
9
by members of the ASAP clique of the NSO gang.
10
dd. Shooting -On November 30, 2009 around 4:29 p.m., a group of people were
11
standing in front of 5817 Shattuck Avenue (Dorsey’s Locker bar), which is less than
12
a block from Bushrod Park and within the proposed Safety Zone. Damien Coleman
13
was shot in the face and Malachi Kenyatta Simpkins was shot twice in the
14
abdomen. Police arrived on scene and a witness stated he/she saw Coleman run
15
into the street and fall down. The witness refused to provide more information and
16
stated that he/she feared being hurt for assisting in a police investigation. The
17
witness later told police that the suspects were “youngsters” from Berkeley (Prince,
18
Russell and Oregon Streets). RD# 09-079738, paragraph 7 of the Declaration of
19
Ofc Jaeger, Michael. Based on the evidence to date, I believe that the witness is
20
fearful that gang members from Berkeley or NSO will kill or harm him /her for
21
cooperating with police. I know that Simpkins has a history of associating with
22
Bushrod clique NSO gang members and committing crimes with them, including
23
armed robbery.
24
29.
The incidents described in paragraphs 28a through 28dd above illustrate the
25 extreme danger that the NSO gang and its members present to the community, and how
26 that danger is increasing. In 2007, there were three identified NSO -related incidents
1 involving murder, shooting a gun, or gun possession. In 2008, the number rose to seven
2 incidents. In 2009, that number had escalated to 18 incidents, including seven murders (in
3 five incidents). Of the 30 incidents described above, NSO gang members were the
4 suspects in 15 incidents, and were the victims in eight of them. Six bystanders or persons
5 without any known gang connection were struck by gunfire (five killed), and many more
6 cars and houses were damaged. In addition 24 of the 30 incidents occurred inside the
7 proposed Safety Zone, with the other four occurring in Berkeley. Six of the 30 incidents
8 occurred between 10 p.m. and 5 a.m. Based on the evidence to date, it is my opinion that
9 the back-and-forth shootings and killings listed above between NSO gang members and
10 Berkeley and other gang members is a series of gang related killings, creating a serious
11 public nuisance within the Proposed Safety Zone. Because every murder described
12 above (2006 through 2009) was by gunfire, I also believe that an injunction condition
13 prohibiting NSO gang members from carrying or being near firearms would reduce the
14 murders and community members and their homes being hit by gunfire.
D.
15
ITS ACTIVITIES, CULTURE AND VALUES
16
17
DISCUSSION OF THE NORTH SIDE OAKLAND GANG AND
30.
Based on knowledge gained through my continuing police work throughout
18 north Oakland, I have developed the opinion that NSO is a criminal street gang. In this
19 section of my declaration, I give an overview of the gang and its activities.
20
31.
The NSO gang is active in street-level drug dealing throughout north
21 Oakland, primarily the sales of marijuana and cocaine base (crack) at numerous street
22 corners and at public parks. NSO is also involved in the use and possibly the sale of
23 prescription codeine, known on the street as “Robo” or “Bo,” and ecstacy pills. An integral
24 part of NSO’s street level drug sales is the claim and protection of the gang’s turf through
25 actual presence on those sidewalks and by marking turf with graffiti. Protection of turf is
26 often enforced by doing violence on rivals through assaults, threats, batteries, and
1 homicides. Another less serious but widespread nuisance to the residents of north
2 Oakland is the graffiti that is written on walls, fences, public signs and light posts, park
3 benches, and even etched into pavement, which serves as a “claim” of control over turf
4 and a warning to residents and rivals. I understand that my colleague, Officer Patrick
5 Gerrans, will explain the NSO gang’s graffiti activities in detail in his expert declaration
6 filed along with the plaintiff’s moving papers. Armed robbery is another crime commonly
7 performed by NSO gang members. I understand that my colleague Officer Patrick Gerrans
8 will explain NSO’s armed robbery activities in detail in his expert declaration filed with the
9 Court.
10
32.
Based on information provided to me, I believe that NSO came into
11 existence in the early 2000’s, following the death of Dale Hodges, Jr., a drug dealer who
12 had controlled all of the street drug trade in north and west Oakland. From the early
13 1990s until 2001, the north and west Oakland street drug trade was controlled by Hodges.
14 Hodges was from the Bushrod Park area of north Oakland. His drug selling operation
15 primarily involved the sale of heroin and cocaine.
16
33.
Hodges was murdered in the street in west Oakland in 2001. After his
17 murder, control of the street drug trade in north Oakland eventually returned to the smaller
18 groups who actually worked the street and sidewalk drug sales. By the year 2002, the
19 name NSO and its variants started appearing in north Oakland. In 2008, OPD started a
20 focused investigation on the NSO’s widespread presence in north Oakland, its crimes,
21 operations, and communication evidenced through their graffiti, clothing, hand signs, and
22 admissions by gang members and affiliates arrested and detained.
NSO’s Organization and Structure
23
24
34.
Based on my training, experience, and investigation to date, I believe that
25 there are currently at least 27 documented adult members of NSO and its cliques, of which
26 seven are juveniles. Their activities are accounted for in my declaration.
1
35.
NSO is not highly structured; it doesn’t have a formal hierarchy like other
2 more organized gangs. This is somewhat typical of contemporary black/African-American
3 street gangs in the Bay Area. Nevertheless, the gang does have more senior and/or
4 respected members who occasionally give orders to other gang members. The gang does
5 not have a business address or mailing address. Gang members tend to communicate by
6 word of mouth, by telephone, by internet pages, by text messages.
7
36.
NSO’s membership is continually evolving as new members join and gain
8 seniority. The NSO gang recruits persons who live within its turf, who visit relatives living
9 in the turf, or who they attend school with.
10
37.
Before being accepted into the NSO gang, a candidate proves himself and
11 build a reputation through the commission of less serious crimes. A common NSO right of
12 initiation is to have young kids act as lookouts for drug sales, or to have them hold or run
13 drugs so the senior NSO member is difficult to catch. NSO youth also have been
14 committing many street robberies as a way of gaining status within the NSO gang. We at
15 OPD refer to them as “rat pack” robberies because their method is for three to eight
16 people to walk in a pack and rob their victims. New members also spread and claim
17 NSO’s territory by marking it with graffiti. Gang members increase their status with the
18 gang through any act, usually criminal, that benefits the gang. For example, committing
19 crimes solidifies the gang’s claim to its turf, intimidates and frightens law abiding residents
20 and merchants, and supports its monopoly of selling drugs in the turf. It also increases the
21 gang’s profile and instills fear amongst other gangs and residents of the community. NSO
22 gang members use this instilled fear in the community to commit additional crimes with no
23 fear of being arrested because law-abiding residents are scared to be a cooperative victim
24 or witness. NSO gang members have enhanced NSO’s claim to its turf by engaging in
25 street drug sales, killings, shootings, robberies, and assaults. If a gang member kills
26 someone, especially a rival gang member, he will greatly increase his status in the gang.
1
38.
Even when NSO gang members themselves are victims of crime, they
2 usually refuse to cooperate with police. NSO gang members will instead extract their own
3 revenge against the person they suspect. I have found that once an NSO member is shot
4 or killed, a member of the rival gang will usually be shot or killed soon thereafter. In the
5 year 2009 alone, there have been numerous shootings or killings going back and forth
6 between the NSO gang and gang from Berkeley including the “Waterfront,”, NSO’s main
7 rival adjacent to the north border of NSO turf, and some gangs from west Oakland
8 immediately to the south of NSO territory. Witnesses to a number of these crimes have
9 refused to cooperate with police, though they were present at the killings and possibly
10 know the suspect’s identity. NSO gang members usually refuse to cooperate with police
11 due to the anti “snitch” mentality which is prevalent throughout the criminal community.
12
Identifying The NSO Criminal Street Gang
13
39.
A “clique” is a subset of a gang. Some of the cliques that are part of NSO
14 are Bushrod (also referred to as “Cold Gunners,” “5900,” and ”6100”) ASAP, Fuck That
15 (FT), Gaskill Maniacs, Wake Up Boys (WUB), and “600” or “the 6”. These clique names
16 identify with the neighborhood within north Oakland that many of the members hang out at
17 or commit their crimes in. NSO clique members often socialize or commit crimes together
18 with other NSO clique members. NSO cliques commit homicides, batteries, and assaults
19 in retaliation for attacks on members of other NSO cliques. A prime example of this unity
20 is the May 16, 2009 murder of Charles Davis, which was committed by NSO gang
21 members from three different cliques (discussed in detail in paragraph 28u above).
22
40.
NSO cliques are currently friendly to each other. NSO graffiti and clothing
23 frequently combines “NSO” with the name of one or more cliques. I have also seen graffiti
24 references to “cool nites,” which I know to mean that the NSO cliques are all “cool” with
25 each other and not fighting. The alliance of all the cliques under the NSO umbrella is also
26 made very clear by the fact that different NSO clique members are frequently detained or
1 arrested together. Attached as Photo E
2 (right) is a graphic taken from a social
3 networking webpage of a suspected NSO
4 gang member. It shows various the 4300
5 Market clique’s allegiance to the NSO gang
6 (signified by the terms “4-5-6,” North Pole,”
7 and “Polar Bears” which are all nicknames
8 for the NSO gang).
9
41.
NSO gang members identify themselves and their membership in NSO by
10 marking NSO turf with graffiti vandalism. Graffiti
11 literally marks NSO’s claimed sphere of control to
12 warn off rival gangs and to instill fear in and
13 intimidate residents of the area. The graffiti is a
14 public nuisance that creates visual blight,
15 diminishes property values, and is a burden on
16 resident and public finances arising from clean up
17 costs.
Photo F (above)
18
19
42.
Commonly seen graffiti includes “Ice City,” “Polar Bears,” and “4-5-6.” “Ice
20 City” is another name for North Oakland used by members of NSO. Members of NSO
21 commonly refer to themselves as “Polar
22 Bears.” “4-5-6” is a reference to the gang’s
23 territory, mainly, the streets numbered in the
24 40s – 50s -60s. Attached hereto as Photos
25 F, G (right), and H are photos showing NSO
26 graffiti taken in north Oakland showing NSO
1 gang graffiti. ”4500” is a reference to the 4500 block of Market St, known NSO gang
2 territory. “FT” and “ASAP” are sub-cliques of NSO.
“Cold Gunnazs” is an NSO clique
3 associated with the Bushrod clique of NSO.
4
43.
NSO graffiti is also a means of
5 communicating specific messages. I have seen
6 graffiti stating “RIP Stevie” which memorializes
7 the death of a fellow NSO gang member and
8 implies that retaliation will follow. I have also
9 seen graffiti challenging other gangs that are
10 unfriendly with NSO, such as “FUCK Active
11 Team” Photo H (right) Active Team is a west Oakland gang.
12
44.
One of the most common ways to show gang membership is to have tattoos.
13 Tattoos will show the gang name and clique, gang moniker or
14 “nick name” and often be accompanied by the initials MOB
15 (Money Over Bitches), or “Hoe R Die”, which shows the
16 member’s allegiance to the ideals and values of gang lifestyle. A
17 polar bear illustration or snow or icicles on lettering will
18 emphasize membership in NSO. It is also very common to have
19 a tattoo memorializing a gang member who was killed by a rival
20 gang, such as “RIP Doobie” or “RIP Lil’ Stevie.” Photo I (right) is
21 a photo seen on a social networking webpage showing a
22 memorial to Stevie Bailey, who was a Gaskill clique member of the NSO gang who was
23 shot and killed in 2007.
24
45.
NSO gang members use hand signs that identify NSO and their clique to the
25 neighborhood residents and any suspected rival gang members. This is referred to as
26 “throwing” or “flashing” gang signs. NSO’s main hand sign is folding down the middle
1 finger, then touching the tips of the extended index and
2 ring finger – which creates an “N” letter. Photo J (right)
3 is an example of the “North Side Oakland” handsign.
4 Examples of clique handsigns are ASAP (the letter “A”
5 shown by the ring and middle finger extending
6 downward, and the tip of the thumb in between, with the
7 index and pinkie folded up); Fuck That (middle finger extended downward with index, ring
8 and pinky folded up, but with the thumb extended to the side).
9
46.
Using hand signs as method of showing NSO gang affiliation is convenient
10 because it is more difficult for police to detect, and can be targeted a particular persons
11 when accompanied with eye contact. This is especially true for NSO because its
12 members do not wear any particular color of clothing. NSO’s clothing, which is described
13 in more detail below, has distinct markings, but it is not visible from all angles, unlike
14 colors. I understand that my colleague Officer Nadia Clark will explain the NSO gang’s
15 handsigns and social networking website communications in detail in her expert
16 declaration filed with the People’s moving papers.
17
47.
Another distinct practice of NSO
18 members is to wear certain clothing, such as hats,
19 shirts, or sweatshirts decorated with embroidery or
20 silk-screening (see Photo K (above )that depict
21 gang names or members. These are often custom22 made clothing. For example, and ASAP clique
23 member will wear an Oakland “A’s” baseball hat,
24 and will often have additional letters embroidered on it “S.A.P” next to the “A’s” logo.
25 Some hats will even have additional lettering embroidered on the back showing the
26 clique’s drug distribution location. Cincinnati Reds baseball caps are also popular
1 because they bear the letter “C”, which I know in this
2 context stands for “Cold Gunners.” Attached as Photo L
3 (right) is an example of an Oakland A’s baseball cap with
4 “Ice City” and “ASAP” markings. As with tattoos, it is
5 popular among NSO members to wear a t-shirt with a
6 photo of a murdered or dead gang member and various
7 memorial messages printed on it. NSO members do not emphasize wearing any specific
8 color; this is consistent with some other African-American gangs in the Bay Area.
9
48.
NSO members are primarily African-American males, with a few exceptions.
10 three family members of Vietnamese descent, Nguyen Ngo Bao Ngo, and a juvenile
11 brother, are well established NSO members of the ASAP clique. Bao Ngo was shot and
12 Nguyen Ngo was shot and killed in a gang-related homicide in April 2009 – Berkeley gang
13 members are suspected of the murder. There is also a clique of black female juveniles
14 who have been developing over the last year or so called the Take Over Girlz (T.O.G.)
15 with members of the Bushrod area of NSO territory. We do not have sufficient information
16 at this time to present to the court on TOG, but are continuing our investigation.
17
49.
As part of the street level drug sales is the claim and protection of the gang’s
18 turf through actual presence on those sidewalks and by marking turf with graffiti.
19 Protection of turf is often enforced by doing violence on rivals through assaults, threats,
20 batteries, and homicides. Another aspect of protecting turf is presence – gang members
21 threaten and intimidate victims and of their crimes by creating an atmosphere of fear of
22 retaliation for cooperating with the police.
23
50.
NSO’s rivals include Berkeley gangs and gangs from west Oakland. I know
24 this from speaking with other police officers and reading a multitude of crime reports and
25 other evidence which document crimes between these gangs. During the spring and
26 summer of 2009, the rivalry between NSO and Berkeley gangs escalated to violent levels.
1 There were at least seven shootings or homicides during a six week period in which NSO
2 and Berkeley gangs were attacking each other. The killings and shootings were all
3 committed in public streets and sidewalks. Three gang members were killed and three
4 uninvolved passersby were either shot or killed.
5
51.
The NSO gang is known by a number of names, all of which have references
6 to the north, or cold imagery, or to the numbered streets which pass through their turf.
7 The most common names besides NSO include “North Pole,” “Polar Bears,” “Ice City,” or
8 4-5-6 (referring to the 40’s, 50’s and 60’s numbered streets in NSO turf).
E. NSO’S QUALIFICATION AS A “CRIMINAL STREET GANG”
9
10
52.
NSO qualifies as a “criminal street gang” under the definition set forth in
11 California Penal Code section 186.22, the Street Terrorism Enforcement and prevention
12 Act (“STEP Act”) because NSO is an on-going association (since approximately 2002 as
13 discussed above) of three or more persons (at least 20 adult members as discussed
14 above) having as one of its primary activities the commission of certain felonies listed in
15 section 186.22(e) including murder, attempted murder, ADW (assault with a deadly
16 weapon or by means of force likely to produce great bodily injury), shooting a firearm at an
17 occupied structure, robbery, GTA (grand theft auto), burglary, criminal threats, felony
18 vandalism (graffiti), witness and victim intimidation, various gun violations including
19 possession of a concealed and/or loaded firearm or a felon in possession of a firearm or
20 ammunition, and drug trafficking (illegal sales of controlled substances), having a common
21 name (NSO), whose members individually or collectively engage in a pattern of criminal
22 gang activity, which is defined in section 186.22(e) as the commission or attempted
23 commission of one or more predicate crimes.
24
53.
The Penal Code only requires that a group of people who meet all the other
25 requirements (3 or more members, on-going existence, common name, etc) only need to
26 have committed two predicate crimes to be classified as a “criminal street gang.” In
1 section F of my declaration (below), I have identified over 20 convictions against NSO
2 gang members.
3
54.
I have been informed by one opinion published by the California Court of
4 Appeal, People v. Englebrecht, stated that for the purpose of a gang abatement injunction,
5 a “criminal street gang” is the same as defined by the STEP Act, “with the modification that
6 the group have as one of its primary activities, not the commission of enumerated crimes,
7 but rather the commission of the acts constituting the public nuisance. And whose
8 members individually or collectively engage in not necessarily a pattern of criminal activity,
9 but rather a pattern of activity amounting to the public nuisance.” I am further informed
10 that a nuisance is defined in Civil Code section 3479 as “[a]nything which is injurious to
11 health, including, but not limited to, the illegal sale of controlled substances, or is indecent
12 or offensive to the senses, or an obstruction of the free use of property, so as to interfere
13 with the comfortable enjoyment of life or property, or lawfully obstructs the free passage or
14 use, in the customary manner, of . . . any public park, square, street, or highway, is a
15 nuisance”; and a public nuisance is defined in Civil Code section 3480 as “[a nuisance]
16 which affects at the same time an entire community or neighborhood, or any considerable
17 number of persons, although the extent of the annoyance or damage inflicted upon
18 individuals may be unequal.”
19
55.
In my opinion, NSO qualifies as a “criminal street gang” under the language
20 in People v. Englebrecht (quoted above), because all the same activities which qualify
21 NSO as a criminal street gang under the STEP Act, such as murder, attempted murder,
22 ADW, robbery, GTA, burglary, criminal threats, felony vandalism (graffiti), witness and
23 victim intimidation, and drug trafficking (illegal sales of controlled substances), also qualify
24 NSO as a criminal street gang for the purpose of a gang abatement injunction because
25 those criminal activities as done by NSO amount to a public nuisance in that they interfere
26 with the community’s comfortable enjoyment of life and of property.
F. IDENTIFICATION OF INDIVIDUAL NSO GANG MEMBERS
1
2
56.
Based on the totality of several factors, it is my opinion that the following
3 persons are members of the NSO criminal street gang. Factors which I have taken into
4 account in reaching these conclusions include self-admission, identification by others
5 including; rival gang members informants, and other law enforcement agencies, criminal
6 acts history (including the type and location of criminal acts), association with known
7 members of the NSO gang, frequenting gang territory, the wearing of gang clothing and
8 tattoos, and possession of gang graffiti on personal property. This is the same criteria
9 used by law enforcement officers throughout the State of California to identify gang
10 members.
11
57.
I consider admissions of membership by individuals to law enforcement to be
12 important evidence of their membership in a gang. Within the gang culture, only members
13 are permitted to claim their membership in the gang. When a subject claims membership
14 in the gang, they are expected to live up to the gang’s values and ideals by other gang
15 members. As a result, if an individual claims membership in the gang, it is a strong
16 indication that the person is a member.
17
58.
When a person is identified as a gang member by other people, it indicates
18 to me that the person has been known to associate with other gang members or do crimes
19 for the gang. This is a serious allegation to make about another person, so it is a
20 significant factor in determining if a person is a gang member.
21
59.
A person’s individual criminal history is also important in determining that
22 person’s membership in a gang. I review the person’s history to see what crimes he has
23 committed, where the crimes were committed, with whom, if anyone, he committed his
24 crimes with, if he made any gang-related statements to victims, witnesses, or suspects, or
25 if he was wearing any gang-related clothing. I also review that person’s criminal
26 convictions. If the person committed the crime in the gang’s turf, and/or the crime
1 promoted the gang’s reputation, or the intended victim of the crime was a rival gang
2 member, I consider this to be evidence of the person’s gang membership. Drug dealing
3 crimes are especially indicative of gang membership, as a non-gang member seller would
4 expose himself to being assaulted or killed while selling drugs in the gang’s territory.
5
60.
A person’s association with other known gang members is another important
6 factor in my analysis of whether he or she is a gang member. Gang members will
7 generally associate with other members of their own gang and gangs which their gang has
8 an alliance because they trust these other gang members. Gang members will also
9 generally associate with each other in their claimed territory because they feel safe there.
10 Therefore, if an individual is seen associating with other known members of the NSO
11 gang, in NSO territory, I consider this to be evidence of the individual’s membership in the
12 gang.
13
61.
Gang tattoos are another factor I consider when determining whether a
14 person is a gang member. A tattoo is a permanent mark, and signifies a permanent
15 commitment to the gang. Moreover, within the gang culture, non-members are not
16 permitted to wear tattoos of the gang on their bodies without fear of retaliation by gang
17 members. Consequently, if an individual wears a tattoo of NSO, I consider this to be very
18 strong evidence of that individual’s membership status in NSO.
19
62.
The wearing of clothing with identifying gang marks is another important
20 factor I consider in determining whether a person is a gang member. Gang clothing worn
21 by NSO members is somewhat unique. The NSO gang does not claim any particular
22 color. NSO members have distinct ways of marking their clothing, such as having them
23 silkscreened with photos or graphics depicting “NSO,” “North Pole,” “4-5-6,” “ASAP,” “Ice
24 City,” and “Polar Bears.” Wearing NSO clothing shows allegiance and membership in a
25 gang because non-members wearing such clothes would be expected to live up to the
26 values and ideals of the NSO gang, and commit crimes. Also, wearing NSO gang clothing
1 in public would make the person an identifiable target for rival gang members. NSO gang
2 members can wear NSO clothing in their territory without fear of being attacked.
3 Therefore, if a person wears gang clothing, I consider that as evidence that they are
4 members of the gang.
5
63.
I also consider whether a person is depicted in any gang photos, with other
6 known members of the gang, flashing gang hand signs, showing gang tattoos, and/or
7 brandishing weapons or drugs. It is very common for NSO members to keep and display
8 photos showing their pride in their gang membership.
9
64.
I have been asked to offer an opinion as to whether certain named
10 individuals are members, associates, or affiliates of the defendant NSO gang. As
11 discussed below (including summaries (based on information and belief) of some of the
12 evidence specific to each gang members that I used to form my opinions), the following
13 are active adult members of the NSO criminal street gang:
• Stephon Anthony
14
• Rafael Campbell
• Derris Dillard
15
• Brian Downing
• Darrel Easley
16
• Donta Easley
• Samuel Flowers
17
• Tyrone Jackson
• Anthony Price
18
• Christopher Patrick aka Terrence Stone, Christopher Farley and Patrick Farley
• Anthony Smith
19
• Yancie Young
20
65.
Stephon “Duddie” Anthony I know of Stephon Anthony through a review
21 of his criminal history, arrest reports, reports of contacts with the Oakland Police
22 Department and photographs. Based on my training, experience, and evidence to date, it
23 is my opinion that Stephon Anthony is an active member of the North Side Oakland
24 criminal street gang.
25
a. Anthony is known by the moniker “Duddie.”
26
1
b. Anthony has “Bushrod” tattooed on his right forearm. I know that “Bushrod” is a
2
reference to a clique of the North Side Oakland criminal street gang and the tattoo
3
signifies Anthony’s ties to the Bushrod clique. A true and correct copy of Stephon
4
Anthony’s tattoo is attached hereto as Photo M.
5
6
7
8
9
10
11
12
13
14
Photo M of Stephon Anthony (above)
15
c. Anthony’s reported address is outside the listed safety zone.
16
d. Stephon Anthony has the following felony convictions: 2nd Degree 211 Penal Code
17
(strong arm robbery) – 4Jun03 – Docket #144632B; 10851(a) Vehicle Code (auto
18
theft) – 20Aug03 – Docket #145793; 243(e)(1) Penal Code (battery) – 17Mar08 –
19
Docket #531701; 23152(a) Vehicle Code (felony driving while intoxicated) –
20
20Aug03 – Docket# 487184
21
22
e. Stephon Anthony has a pending criminal case for three counts of 187 Penal Code
(murder) - Docket #7261615
23
f. On September 18th, 2007, Stephon Anthony, along with Daron Sims, Rafael Duarte,
24
and Andrew Henderson were arrested for burglarizing a restaurant at 336 Grand
25
Avenue. Officers located the suspects sitting in a van in the 3800 block of Kempton
26
Ave with the evidence from the burglary, and burglary tools, inside the van.
1
Anthony was convicted of second degree burglary. Rafael Duarte is currently
2
awaiting trial on a charge of homicide. RD# 07-073197, paragraph 7 of the
3
Declaration of Ofc. Saunders, Christopher.
4
g. On November 16th, 2007, Michael Davis was shot in the foot in front of Dorsey’s
5
Locker at 5817 Shattuck Ave. Stephon Anthony was on scene at the time and
6
drove Davis to the hospital. Both of the subjects were uncooperative with police
7
during the investigation. Dorsey’s Locker is within the proposed Safety Zone and is
8
within known NSO gang territory. Dorsey’s Locker is about one block away from
9
Bushrod Park. RD# 07-089350, paragraph 6 of the Declaration of Ofc. Trode,
Jason.
10
11
h. On December 11th, 2007, at about 4:25 p.m., Anthony was loitering in a parked
12
vehicle in the 850 block of 53rd Street with Bao Ngo and Daron Sims. During a
13
probation search of the vehicle, officers recovered codeine and cocaine base. Sims
14
was arrested for possession of a controlled substance. RD#07-095389, paragraph
15
4 of the Declaration of Sgt. Bassett, James. Bao Ngo is an active member of the
16
ASAP clique of the NSO gang. This location is known NSO gang territory.
17
i.
On December 30th, 2007, Robert Benjamin was shot to death outside of Geoffrey’s
18
Club at 350 14th St in Downtown Oakland. Anthony was on scene and stated that
19
he was Benjamin’s “godbrother.” Anthony stated that he was on the phone with
20
Benjamin just before the shooting but was uncooperative with officers. RD# 07-
21
099810, paragraph 7 of the Declaration of Ofc. Miller, Nicholas Benjamin, also
22
known as “Rob Ben” and “BushRob” was a respected member of the NSO gang.
23
Memorial shirts and Tattoos stating “RIP BUSHROB” are now worn by NSO gang
24
members. .
25
26
j.
On March 2nd, 2008, at about 5:23 pm, Nguyen Ngo, Bao Ngo, Ashanti Rodriguez
and Anthony were loitering in a vehicle parked at 82nd Ave and Birch Street
1
smoking marijuana. During a search of the vehicle, officers discovered three black
2
ski masks. FC#08-011348, paragraph 3 of the Declaration of Ofc. Bruce, Daniel.
3
From my training and experience, I know that 82nd Ave at Birch St is a high narcotic
4
and high robbery area. Rodriguez lives in gang territory and has a history of
5
controlled substance related arrests. Nguyen Ngo was killed in a gang-related
6
shooting on April 23, 2009, and was a member of NSO. Bao Ngo is a documented
7
member of NSO.
8
9
k. On May 16th, 2009, at about 6:34 pm, Stephon Anthony drove to Berkeley with
documented NSO gang members Anthony Price, Rafael Campbell, Sam Flowers
10
and murdered Berkeley resident Charles Davis apparently in retaliation for the
11
murder of Nguyen Ngo, a fellow NSO gang member who was shot to death in April
12
of 2009 near the intersection of 45th Street at Market Street. This incident is
13
summarized in detail in paragraph 28u of my Declaration above. Also see
14
paragraphs 3, 4, and 5 of the Declaration of Berkeley Police Sgt. Stines, Chris and
15
paragraph 3 of the Declaration of Berkeley Police Sgt. Hong.
16
66.
Rafael Campbell: I know of Rafael Campbell through a review of his criminal
17 history, arrest reports, reports of contacts with OPD and Berkeley police, and photographs.
18 Based on my training, experience and investigation to date, it is my opinion that Rafael
19 Campbell is an active member of the NSO criminal gang.
20
21
22
a. Campbell has admitted, to Oakland Police officers, his membership in the NSO
gang and specifically the Gaskill clique.
b. Campbell has been identified by other persons as a drug dealer at 57th and Gaskill
23
Streets, which is an area claimed by the Gaskill clique of the NSO gang as its turf
24
and within the proposed Safety Zone.
25
c. Campbell has the following felony convictions: 2nd Degree 211 Penal Code (armed
26
robbery) – 4Jun03 – Docket #144632B; 10851(a) Vehicle Code (Auto Theft) –
1
20Aug03 – Docket #145793; 243(e)(1) Penal Code (Battery) – 17Mar08 – Docket
2
#531701; and 23152(a) Vehicle Code (felony drunk driving) – 20Aug03 – Docket#
3
487184
4
d. Campbell has the following pending felony charge: 3 charges of 187 Penal Code
(Murder) - 16May09 - Docket #7261615
5
6
7
•
Campbell has the following tattoos on his body:
1.
Stomach – “5700 Gaskill,” which
8
signifies Campbell’s ties to the
9
“Gaskill” clique of NSO. Gaskill
10
Street is a six block long street
11
that has a very heavy incidence
12
of street drug sales since 2002.
13
(Photo N, right)
14
2.
Right arm – “Asian Character,”
15
3.
Left arm – “Die Later – Live
16
Today.”
17
4.
18
Members of the NSO gang will refer to themselves as Polar Bears. “Pola” is
19
a street slang abbreviation for the word “Polar.” Photo O and P (next page.)
“Pola” on right forearm and “Bear” in same location on his left forearm.
20
21
22
23
24
25
26
1
2
3
4
5
6
7
8
9
10
11
Photo O (above)
Photo P (above)
12
e. Campbell’s reported address is outside of the proposed Safety Zone.
13
f. On August 2, 2002 at 6:10 p.m., Campbell was loitering at the corner of 57th and
14
Gaskill Streets with documented NSO gang members Prentis Austin and Antwan
15
Adger. Prentiss was arrested for possessing seven rocks of crack cocaine.
16
Campbell was detained and found in possession of $308 cash. RD# 02-73427,
17
paragraph 6 of the Declaration of Ofc. Rhee, Simon. This location, which is in the
18
proposed Safety Zone, is a historic spot for street drug sales and is claimed by
19
NSO as its territory.
20
g. On December 11, 2002, police were dispatched to a reported armed robbery at 346
21
Grand Avenue. Rafael Campbell, along with documented NSO gang member
22
Anthony Price, were identified as suspects. They fled to and were arrested in north
23
Oakland. The getaway van, containing stolen property, was found on the 5800
24
block of MacCall Street. Two suspects Campbell and Price ran through private
25
yards, jumping fences, and were arrested in the rear yard of 710 Aileen Street with
26
stolen property from the robbery. The location of the van and the arrests were in
1
territory claimed by the Bushrod clique of the NSO gang and within the proposed
2
Safety Zone. A juvenile suspect I will refer to as M.F. later returned to the victim
3
and threatened retaliation if he cooperated with police; RD# 02-116151, paragraph
4
5of the Declaration of Ofc. Botelho, Kris, and paragraph 6 of the Declaration of Ofc.
5
Watson, Johnna.
6
h. On July 16, 2003, at 11:54 p.m., Campbell was arrested after being spotted driving
7
a stolen motorcycle at 55th Street and Martin Luther King, Jr. Way, which is in the
8
proposed Safety Zone. He led the police on a chase over 30 blocks long into
9
Berkeley and Emeryville, and ran multiple stop signs in the process. RD# 03063869, paragraph 7of the Declaration of Ofc. Leonis, Lesa.
10
11
i.
year sentence for the December 11, 2002 robbery.
12
13
I am informed and believe that in September 2003, Campbell began serving a two-
j.
On July 15, 2006, at 5:04 p.m., Campbell was stopped by police at 871 45th Street,
14
Oakland, which is within the proposed Safety Zone. He was in a car driven by Kevin
15
Moore. A third suspect escaped but a loaded firearm with a high capacity
16
magazine was recovered during the incident. Campbell was on probation and
17
parole at the time. Campbell was arrested for being a felon in possession of a
18
firearm; his parole was violated and he returned to prison. RD#06-060086,
19
paragraph 4 of the Declaration of Ofc. Gysin, Frank.
20
k. On September 3, 2008, officers conducted a parole search of Campbell’s
21
residence. Officers recovered ammunition and Campbell was arrested for being a
22
felon in possession of ammunition. In the interview, he admitted to OPD officers his
23
membership in the NSO gang and the Gaskill clique. RD# 08-065175, paragraph 6
24
of the Declaration of Ofc. Kaney, Kevin.
25
26
l.
On December 22, 2008, Campbell (who was on probation) was contacted by police.
He was found in possession of heroin and was arrested for possession of controlled
1
substance. This event occurred at the 5400 block of San Pablo Avenue, which is
2
an area claimed by the NSO gang as its territory, and within the proposed Safety
3
Zone. RD #08-094146, paragraph 7 of the Declaration of Ofc. Barocio, Jose.
4
m. On May 16th, 2009, at about 6:34 pm, Rafael Campbell drove to Berkeley with
5
documented NSO gang members Anthony Price, Stephon Anthony,and Sam
6
Flowers and murdered Berkeley resident Charles Davis apparently in retaliation for
7
the murder of Nguyen Ngo, a fellow NSO gang member who was shot to death in
8
April of 2009 near the intersection of 45th Street at Market Street. This incident is
9
10
paragraphs 3, 4, and 5 of the Declaration of Berkeley Police Sgt. Stines, Chris and
11
12
67.
Derris DILLARD: I know Derris Dillard through personal contacts, a review
13 of his criminal history, arrest reports, reports of contact with OPD and Berkeley Police, and
14 photographs. Based on my training, experience and investigation to date, it is my opinion
15 that Derris Dillard is an active member of the NSO criminal gang.
16
a. Derris Dillard has the following felony convictions: 12021(a)(1)Penal Code
17
(prohibited person in possession of a firearm) – 17Jun09 - Docket# 161344, 9mos
18
jail + 5yr probation; 11352 Health & Safety (“H&S”) (controlled substance sales) –
19
6Nov02 - Docket #144110, 66 days jail + 5 yr probation; and 11350(a) H&S –
20
22Mar06 - Docket # 151923, 2 yrs prison + 5 year parole
21
b. Dillard has the following tattoos on his body: 1) Right arm “North” and “MOB” 2) Left
22
Forearm “Pole.” I know “North Pole” to be a reference to the NSO criminal gang. I
23
know “MOB” (Money over Bitches) is a common street slang term referring to the
24
ideals and values of a gang lifestyle. Photographs of Dillard’s tattoos are (Attached
25
as “Photo Q” and “Photo R” to this Declaration. 3) upper Right arm and Left hand
26
1
“SLO Cook,” which, based on Dillard’s arrest history, is possibly a reference to
2
cooking cocaine hydrochloride to make cocaine-base
3
4
5
6
7
8
9
10
11
12
13
14
15
16
PHOTO Q of Derris Dillard (above)
Photo R of Derris Dillard (above)
17
18
c. Dillard is known by the moniker “Dee Dee.”
19
d. On November 23 2005 at 12:00 am, Dillard was arrested by Berkeley Police for
20
being the driver of a vehicle that was used to commit an armed robbery in Berkeley.
21
The victim positively identified two other suspects and Dillard provided a written
22
statement admitting he was the driver of the van used during the incident. An in-
23
custody search of Dillard was conducted at the Berkeley Jail and five rocks of
24
suspected base rock cocaine and $78 US currency was recovered from Dillard. The
25
additional charge of possession of controlled substance for sales was added to
26
1
Dillard. Berkley Police Department Report # 05-64104, paragraph 3 of the
2
Declaration of Berkeley Police Sgt. Montgomery, Daniel
3
e. On July 14 2006, at 12:30 pm, a vehicle stop was conducted by police in the 900
4
block of 55th Street, which is in the proposed Safety Zone. The driver Zareta Jones
5
was on parole for controlled substance sales. Dillard was the passenger and on
6
probation for 11352(A) H&S and 11350(A) H&S. During a probation and parole
7
search, prescription Codeine cough syrup was recovered. Neither of the subjects
8
had a prescription and both were arrested for possession of controlled substance.
9
RD# 06-059678, paragraph 6 of the Declaration of Ofc. Brown, William. I know that
10
NSO gang members often illegally use and sell cough syrup with Codeine, which
11
they call “Robo” or “Bo.”
12
f. On May 2, 2007, Berkeley Police obtained a search warrant for Dillard's residence
13
at 5428 Market St which is located in the proposed Safety Zone. Dillard was
14
detained while driving a vehicle at Stanford Avenue west of Los Angeles St., prior to
15
the warrant being serving at his residence. Police searched the vehicle he was in
16
and recovered marijuana and currency consistent with possession for sales. Once
17
Dillard was in custody the warrant was served on his residence and Vicadin®,
18
18.18 grams of marijuana (including 20 individual packets for street sales),
19
packaging materials, a digital scale, Ecstasy, a handgun and ammunition was
20
recovered. Dillard was on probation for 11350(a) H&S during the time of the
21
incident. Dillard was arrested for multiple drug and weapons violations. Berkeley
22
Police Department Report #07-22373, paragraph 4 of the Declaration of Berkeley
23
Police Ofc. Morillas, Dustin
24
g. On May 5, 2009 at 8:54 pm, while on duty, my partner and I contacted Derris Dillard
25
with known NSO gang member Ramel Andrews in the 800 blk 59th Street (walking
26
away from the porch of 875 59th St.), an area known for illegal narcotic sales and
1
which is in the proposed Safety Zone. Dillard advised officers that he was on parole
2
and a parole search was conducted on his person. Photos were taken of "North
3
Pole" tattooed on Dillard's forearms. Dillard stated he has the “North Pole” tattoo
4
because that is where he is ”from.” I know this to be equal to admission of
5
membership in the NSO gang. FC# 09-001249
6
h. On May 13, 2009 around 7:04 p.m., I was on duty and detained Chanzae Johnson
7
in the 5700 block of Adeline St, which is within the proposed Safety Zone. Johnson
8
advised that he was on probation with a search clause, which I confirmed through
9
OPD communications. I searched Johnson and found a key, which Johnson told
10
me was for his car. I gave the key to Ofc. Martin who later advised me he searched
11
the car and located a bottle of suspected codeine.
12
6620 Helen Street and performed a probation search of his bedroom where I
13
located an empty prescription bottle of codeine. During this extended incident,
14
documented NSO gang members Dillard Derris and Ramel Andrews watched the
15
initial police contact while standing at 59th Street and Adeline; they then followed
16
police to Chanzae Johnson’s home for the probation search. RD# 09-032968
17
i.
I then transported Johnson to
In April of 2009, I located a social networking web page, which I believe is
18
maintained by Dillard. I believe that DEE DEE depicted on the internet page is
19
Derris Dillard because I know that DEE DEE is Dillard’s moniker and there are
20
several pictures of Dillard standing alone and with other members of NSO. There
21
are pictures of U.S. currency laid out, multiple pictures of “Robo” or “Bo” (suspected
22
codeine), a photo showing multiple prescription bottles of suspected codeine,
23
multiple Gerber bottles containing suspected “Robo”, cell phone, and a small
24
firearm, with the comment written below the picture “All you can drink” apparently
25
offering the codeine for sale. There is also a photo containing a “BO pyramid”
26
(stacked bottles of suspected codeine) (attached as Photo S below), three photos
1
containing suspected marijuana, a photo showing two firearms: “I’m coming 2 get
2
u…” There is a photograph of ‘DEE DEE’ holding up four fingers. I know this to be
3
a reference to “400” or the streets numbered in the forties in North Oakland, which
4
is known NSO gang territory. (attached as Photo T below), There is also a photo of
5
Dillard with the caption “SLO cook N that Regal Thang!!”.(attached as Photo U).
6
7
8
9
10
11
12
13
14
Photo S from “Dee Dee’s” social networking webpage (above)
15
16
17
18
19
20
21
22
23
24
Photo T from “Dee Dee’s” social networking webpage (above)
25
26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Photo U from “Dee Dee’s” social networking webpage (above)
With caption “SLO cook N that Regal Thang!!”
j. On June 5 2009 at 7:00 pm, the Berkeley Police Special Enforcement Unit was
conducting surveillance, preparing to serve a search warrant at 5428 Market Street,
which is the proposed Safety Zone. Police observed documented NSO gang
member Ramel Andrews furnishing suspected illegal controlled substance to a
buyer in front of 5428 Market Street. Andrews had entered and exited 5428 Market
Street multiple times before completing the transaction. The buyer was arrested
with two “dime bags” of marijuana. After the transaction Dillard, Andrews and
documented NSO gang member Chanzae Johnson entered a car driven by
Johnson and drove away from the residence. Police stopped the car and Andrews
was arrested for Sales of Marijuana. The search warrant was then served at
Dillard’s home at 5428 Market Street, where officers recovered approximately 97
grams of marijuana, a 9mm semi-automatic firearm, .45 caliber unspent
ammunition, 2 digital scales, unused “dime bags” and other packaging materials,
approximately $396.00 (on Dillard), $259.00 (on Andrews), gang indicia, and cell
phones from the house. Andrews was placed under arrest for 11360 H&S and
12022.1 Penal Code. Dillard was placed under arrest for 11359 H&S, 12021(a)(1)
PC, and 12022(a)(1) Penal Code. JOHNSON was released on scene. Dillard’s
26
1
parole was violated. Berkeley Police Department Report # 09-29529, paragraph 4
2
of Declaration of Berkeley Police Ofc. Chu, Jeffrey
3
68.
Brian “Beatrice” Downing: I know of Brian Downing through prior contacts,
4 talking with other officers who have contacted or arrested him, a thorough review of his
5 criminal history, arrest reports, reports of contacts with Oakland and Berkeley police and
6 photographs. Based on my training, experience and investigation to date, it is my opinion
7 that Brian Downing is an active member of the NSO criminal street gang.
8
a. Downing is known by the moniker “Beatrice” or “Atrice.”
9
b. Downing’s reported address is outside of the proposed Safety Zone.
10
c. Downing has the following felony convictions: 10851(a) (auto theft) and 2800.2(a)
11
(reckless flight from police in a vehicle) Vehicle Code – 8Feb05 – Docket # 149297;
12
11350(a) Health and Safety Code (possession of controlled substance) – 8Nov00 -
13
Docket# 460409A; and 23152(a) Vehicle Code (driving while intoxicated)– 2May08
14
– Docket # 538369
15
d. I am informed and believe that On May 24th, 2000, at about 11:15 am, Downing was
16
arrested in the 900 block of 62nd St for possession of cocaine-base for sale after 19
17
rocks of cocaine-base were recovered from his mouth. Downing gave a signed
18
statement admitting he had 19 pieces of rock cocaine in his hand, which he tried to
19
hide in his mouth upon contact by the officers. The 900 block of 62nd Street is
20
known NSO gang territory and located in the proposed Safety Zone. RD# 00-
21
47094
22
e. On September 25th, 2000, at about 7:20 pm, Downing sold cocaine-base to an
23
undercover officer in the 800 block of Stanford Avenue, which is known NSO gang
24
territory and located in the proposed Safety Zone. Downing was convicted of
25
11350(a) HS and sentenced to two years prison. RD# 00-87413, paragraph 5 of the
26
Declaration of Ofc. Bunn, Clifford.
1
f. On October 25th, 2002, at about 2:09 pm, Downing and Terrence Biser were
2
contacted by police in a parked vehicle in the 800 block of 59th St, which is known
3
NSO gang territory and located in the proposed Safety Zone. Marijuana and
4
currency were recovered from Downing and cocaine-base was recovered from
5
Biser. Both subjects were arrested for controlled substance charges. Downing was
6
on probation at the time and his probation was revoked. RD# 02-101655,
7
paragraph 7of the Declaration of Sgt. Millington, Sekou.
8
g. On March 17, 2004, at about 3:10 pm, an officer responding to investigate a citizen
9
complaint of drug activity at 874 59th Street contacted Downing and Ryan Bradford,
10
a known NSO gang member, who the officer notes are both on probation and are
11
known drug dealers from the area. The 800 block of 59th St is known NSO gang
12
territory and located in the proposed Safety Zone. FC# 04-124290, paragraph 8 of
13
the Declaration of Ofc. Leonis, Lesa.
14
h. On March 27th, 2004, Downing was stopped by police in the 4500 block of Market
15
Street which is known NSO gang territory and within the proposed Safety Zone.
16
Downing was on probation for possession of controlled substance, and was found
17
to be in possession of a large amount of US Currency and a single rock of cocaine-
18
base, for which he was arrested. RD# 04-028728, paragraph 5 of the Declaration
19
of Ofc. Brown, William.
20
i.
On September 14th, 2004, Downing was arrested after leading police on a vehicle
21
pursuit in stolen vehicle. Downing drove in excess of 50 miles per hour in a 25 mph
22
zone, drove onto a sidewalk, struck a building and a tree with the car, before he
23
finally crashed at 5514 Shattuck Avenue. Downing was found to be in possession
24
of a large amount of US Currency and 17 tablets of ecstasy. RD# 04-107974,
25
paragraph 6 of the Declaration of Ofc. Foreman, Joseph.
26
1
j.
On November 9th, 2004, at about 9:55 pm, officers on patrol located two Jaguar
2
brand cars parked near the corner of 62nd Street and Dover Street in north Oakland,
3
which is located in the proposed Safety Zone, and confirmed them likely to be
4
stolen vehicles. Brian Downing entered one of the vehicles, but he escaped in the
5
vehicle when police tried to stop him. Downing drove the Jaguar throughout north
6
Oakland in a reckless manner, driving on the wrong side of the road twice, and
7
running seven stop signs before the police cancelled the pursuit. The abandoned
8
stolen vehicle was recovered a short time later on the same block where Downing’s
9
house in Richmond, CA is located. RD# 04-123100, paragraph 9 of the Declaration
of Ofc. Leonis, Lesa.
10
11
k. On July 25th, 2006, at about 1:50 pm, officers contacted Downing in the 6000 block
12
of Dover St and conducted a parole search on his residence. Officers recovered a
13
large amount of cocaine and sales paraphernalia from Downing’s residence for
14
which he was arrested. RD# 06-63014, paragraph 4 of the Declaration of Ofc.
15
Bergeron, William. The 6000 block of Dover and the 600 block of 61st St are
16
adjacent to each other and are known NSO gang territory within the proposed
17
Safety Zone.
18
l.
On March 23, 2008, at about 5:45 .p.m., Downing was contacted by police with his
19
girlfriend during a car stop at 1822 62nd Street. Downing stated that they had just
20
dropped off Christopher Patrick, a known NSO gang member with a parole warrant.
21
Downing was released on scene. FC# 08-008406, paragraph 40a of The Expert
22
Declaration of Ofc. Gerrans, Patrick.
23
m. On April 15th, 2009, at about 10:22 am, my squad contacted Downing in front of
24
Klipper’s Barbershop in the 5800 block of Shattuck, a high drug area about one
25
block from Bushrod Park, which is long established NSO gang territory and within
26
the proposed Safety Zone. Downing was loitering in the area with Jermaine
1
Brewer, who was on probation, Tai Greer, who has a history of drug arrests, and
2
Vernon Castle. FC# 09-007895, paragraph 40d of The Expert Declaration of Ofc.
3
Gerrans, Patrick.
4
n. On May 6, 2009, around 10:35 p.m., Berkeley Police received a report of two men
5
carrying machine guns in the parking lot of 2301 San Pablo Avenue (Low Cost
6
Liquors.) A witness at the scene stated that a person named “Beatrice” from north
7
Oakland was driving a burgundy vehicle possibly involved in the incident (a red
8
Pontiac was seen at the April 25 shooting).. I know that NSO Gang member Brian
9
Downing goes by the moniker “Beatrice.” This incident is summarized in
10
paragraph 28r of my Declaration (above). Also see paragraphs 3 and 4 of the
11
Declaration of Berkeley Police Ofc. Kassenbaum, Ross
12
69.
Darrell “Black Pain” Easley: I know of Darrell Easley from several personal
13 contacts, talking with other officers who have contacted or arrested him, a thorough review
14 of his criminal history, arrest reports, reports of contacts with the Oakland Police
15 Department and photographs. Based on my training, experience and investigation to
16 date, it is my opinion that Darrell Easley is an active member of the NSO criminal street
17 gang.
18
a. Darrell Easley is known by the moniker “Black Pain” or simply “Black.”
19
b. Darrell Easley has the following felony convictions: 211 Penal Code (armed
20
robbery) – 17Jan01 – Docket # 140235; 11352(a) Health and Safety Code
21
(possession of a controlled substance for sale) – 28Feb01 – Docket #140599;
22
12021.1 Penal Code (Felon in possession of a firearm) – 21Dec05 – Docket#
23
151569; 23103(a) Vehicle Code (reckless driving) – 12Mar08 – Docket #535143
24
25
c. On November 30th, 2000, at about 6:05 p.m., Darrell Easley and two unknown
suspects committed an armed robbery of a massage parlor at 1000 E 12th St in
26
1
Oakland. Easley was taken into custody on scene after a short pursuit and was
2
convicted. RD# 00-107884, paragraph 4 of the Declaration of Ofc. Castañeda, Eric.
3
d. On January 22nd, 2001, at about 7:03 pm, Darrell Easley sold cocaine base to an
4
undercover officer in the 6300 block of Shattuck Avenue, which is known NSO gang
5
territory and within the proposed Safety Zone. He led officers on a foot chase
6
through private yards before he was arrested. RD #01-06073, paragraph 6 of the
7
Declaration of Ofc. Bunn, Clifford.
8
9
e. On June 19th, 2004 around 3:48 a.m., the vehicle Darrell Easley was driving was
stopped by police at Market Street and San Pablo Avenue, which is located in the
10
proposed Safety Zone. The passenger of the vehicle, Rochelle Bunn, was found to
11
be in possession of nine rocks of cocaine-base. Bunn stated that she knows Darrell
12
Easley by the moniker “Black” and that Darrell Easley gave her the cocaine-base to
13
hold for him. Easley was found to have $385 U.S. Currency in his possession and
14
was arrested for possession of cocaine base for sales. Darrell Easley was on parole
15
for robbery at the time. RD# 04-055184, paragraph 5 of the Declaration of Ofc.
16
Kemmitt, Daniel.
17
f. On November 26th, 2005, around 3:20 p.m., Darrell Easley was arrested at 764 58th
18
St after resisting and fighting with police officers. Easley had tried to run into a
19
private residence to escape officers. Easley, a felon, was found in possession of a
20
loaded handgun. Easley also had an active parole warrant at the time. RD# 05-
21
076305, paragraph 9 of the Declaration of Ofc. Worcester, Clifford. The 700 block
22
of 58th St is known NSO gang territory and within the proposed Safety Zone.
23
g. On October 16th, 2008, at about 5:24 p.m., while on duty, I contacted Darrell Easley
24
with Luke Waterman, Donta Easley, Pashen Bagsby, Talmadge Bates, in front of
25
644 61st St, which was Easley’s residence at the time. The street sign in front of
26
644 61st Street had “NSO” was spray painted on one side and “6100” spray painted
1
on the other side of it. Donta Easley and
2
Bates are documented members of NSO.
3
The 600 block of 61st St is known NSO
4
gang territory and within the proposed
5
Safety Zone. FC# 08-065624
6
of the street sign in front of 644 61st Street
7
(right)
8
Photo V
h. On January 11, 2009, at about 1:30 am, the security guard at Dorsey’s Locker was
9
shot in the legs several times in front of Dorsey’s Locker (5817 Shattuck Avenue,
10
which is in the proposed Safety Zone). The victim gave a physical description of
11
the suspect and said that he tried to break up a fight, then was hit in the head with a
12
bottle and shot in both legs. RD# 09-002431, paragraph 8 of the Declaration of Ofc.
13
Saunders, Christopher. He said he would identify the suspect. The suspect
14
description matched Darrell Easley’s description. A reliable citizen informant told
15
me that Darrell Easley was the shooter. I was informed that the victim later became
16
uncooperative, and refused to identify the suspect, apparently fearful of retaliation.
17
i.
On February 22nd, 2009 around 6:11 p.m., there was a gang related homicide in
18
front of 634 61st Street, which is in the proposed Safety Zone. Neighbors heard
19
gunshots, and then saw persons pick up a body, place it in a van, and then drive
20
away. One witness who refused to give a formal statement or to be identified
21
because of fear or retaliation said the shooting was likely related to 644 61st Street
22
where two drug dealers named “Donte” and “Darryl” live. I know this to be the
23
address of Donta and Darrell Easley. Also, an officer heard relatives of the victim
24
discussing the incident and mentioned the name “Black” over and over again. RD#
25
09-013353, paragraph 5 of the Declaration of Sgt. Bassett, James, and paragraph 6
26
of the Declaration of Ofc. Dorham, Gordon. I know that “Black” is Darrell Easley’s
1
moniker. Donta Easley later told police that his brother Darrell Easley was present
2
at the shooting. The 600 block of 61st Street is known NSO gang territory and within
3
the Proposed Safety Zone.
4
j.
On February 24th, 2009, at about 4:56 pm, Darrell Easley, who was on active felony
5
probation for illegal firearm possession, was spotted by the police, sitting in a car in
6
the 5700 block of Carberry Avenue. He ran as soon as he saw police approaching.
7
He was arrested in the 500 block of 58th Street, after a short foot pursuit, during
8
which he discarded a loaded firearm. Three baggies of marijuana were found on his
9
person, and a large amount of marijuana and a digital scale was found in the
10
vehicle Darrell Easley had been sitting in. Darrell Easley was arrested for being a
11
prohibited person in possession of a firearm and possession of marijuana for sales.
12
RD# 09 013903, paragraph 5 of the Declaration of Ofc DeMarco, Robert. The 5700
13
block of Carberry is one block from Shattuck Avenue, known NSO gang territory,
14
and is within the proposed Safety Zone.
15
70.
Donta Easley. I know of Donta Easley from several personal contacts,
17 criminal history, arrest reports, reports of contacts with the Oakland Police Department
18 and photographs. Based on my training, experience and investigation to date, it is my
19 opinion that Donta Easley is an active member of the NSO criminal street gang.
20
a. Donta Easley has the following felony convictions: 215 Penal Code (carjacking) –
21
16DEC03 – Contra Costa Superior Court Docket # 02-276-016-3; 487(C) Penal
22
Code (grand theft) – 16Nov05 – Docket #151274; and 11351 Health and Safety
23
Code (possession of a controlled substance for sale) – 12Dec07 – Docket #157260
24
25
26
b. Donta Easley has the following tattoos:
1. “MOB” with Roman Numerals “I, II, III” and “Fear No Evil” with an angel
depicted on his left arm. (Photo W) “MOB” stands for “Money Over Bitches”
1
and is a common street saying reflecting the values and ideals of a gang
2
lifestyle. Bitches can be a general reference to any opposing force in the
3
way of monetary gain for the gang member including but not limited to;
4
women, rival gang members or police.
5
2. “500” on right wrist. When I asked Donta Easley what “500” means, he
6
stated that it was where he is “from,” referring to the 500 block of 59th Street
7
or Bushrod Park. (Photo X)
8
3. Roman symbols “V, VI, VII, VIII” on his left arm.
9
4. The Grim Reaper breaking out of jail depicted. The numbers “61” are written
10
below the Grim Reaper’s hand. “61” is a reference to the 6100 clique of
11
Bushrod Park. (Photo Y)
12
13
14
15
16
17
18
19
PHOTO W (left)
20
21
22
23
24
25
26
1
2
3
4
5
6
7
8
9
10
11
12
Photo X (above)
Photo Y (above)
13
14
c. On August 30th, 2002, at about 3:20 pm, Easley and an accomplice strong arm
15
carjacked an elderly male in El Cerrito, CA. The accomplice provided police with a
16
description of Easley, including that he had gold caps covering his front teeth with
17
the numbers “59” engraved in the gold caps. I believe “59” to be a reference to 59th
18
St in Oakland which is where Bushrod Park is located. On September 1, 2002,
19
Easley was in possession of the stolen car and was arrested on a warrant for this
20
offense in front of 525 58th St in Oakland, which is known NSO gang territory and
21
within the proposed Safety Zone. El Cerrito Police Department Report# 2002-5631,
22
paragraph 3 of the Declaration of El Cerrito Police Ofc. Albrandt, Jeffrey, and OPD
23
RD# 02-083016, paragraph 6 of the Declaration of Ofc. Ausmus, Lisa. I am
24
informed and believe that Easley was convicted and sentenced to three years state
25
prison.
26
1
d. On November 14th, 2007, at about 8:00 am, officers conducted a parole search at
2
755 Alcatraz Avenue, Apt E. Donta Easley was arrested for possession of cocaine-
3
base for sales after police located and recovered cocaine-base, a digital scale,
4
$434 cash, and drug packaging material from Donta Easley. RD# 07-088637,
5
paragraph 5 of the Declaration of Ofc. Bergeron, William. 755 Alcatraz Ave is
6
known NSO gang territory and within the proposed Safety Zone.
7
e. On October 16th, 2008, at about 5:24 p.m., while on duty, I contacted Donta Easley
8
and Darrell Easley in front of 644 61st St, which was Easley’s residence at the time.
9
“NSO” and “6100” were spray painted on the street sign in front of 644 61st St (see
10
Photo SS above). Documented NSO gang member Talmage Bates and NSO
11
associate Luke Waterman were also present. The 600 block of 61st St is known
12
NSO gang territory and within the proposed Safety Zone. FC# 08-065624.
13
f. On January 28th, 2009, while on duty, I conducted a parole search of Donta
14
Easley’s residence at the time at 644 61st St. I found several NSO gang taggings
15
on his bedroom furniture including; “Bushrod to Gaskill,” “North Oakland,” with a
16
picture of two candy cane striped poles, “Bushrod,” “Hoe R Die,” “Top N Bottom,”
17
and “5900.” “Bushrod to Gaskill” outlines NSO gang territory in North Oakland.
18
The candy cane striped poles appear to be a reference to the North Pole, which is
19
another name for north Oakland used by NSO gang members. “Bushrod” and
20
“5900” are references to the Bushrod clique of the NSO gang. These combined
21
references indicate that there is unity among north Oakland gangsters from the
22
“top” (Berkeley and Emeryville borders) to the “bottom” around West Macarthur
23
Blvd.) and from the territory from the Bushrod to the Gaskill clique (east and west
24
boundaries) True and correct copies of photos taken in Donta Easley’s bedroom
25
are attached hereto as Photo Z and Photo AA. FC# 09-002962
26
1
2
3
4
5
6
7
8
9
10
11
PHOTO Z of Donta Easley’s Bedroom (above)
12
13
14
15
16
17
18
19
20
21
PHOTO AA of Donta Easley’s Bedroom (above)
22
g. On February 22nd, 2009 around 6:11 p.m., there was a gang related homicide in
23
front of 634 61st Street. Donta Easley later told police that his brother Darrell
24
Easley was present at the shooting. This incident is summarized in paragraph 28m
25
26
1
of my Declaration (above). Also see paragraph 5 of the Declaration of Sgt. Bassett,
2
James, and paragraph 6 of the Declaration of Ofc. Dorham, Gordon.
3
h. On March 2, 2009, Donta Easley called police to report a death threat against him.
4
Donta Easley told police that he believed the threat was in connection with the
5
homicide that occurred on February 22, 2009 just a few doors down the street,
6
where his brother Darrell Easley was the likely intended victim. I know that when
7
gang members want to murder a rival gang member, it is common for them to shoot
8
fellow members of the rival’s same gang when they are unable to successfully
9
shoot the intended target. This incident is summarized in paragraph 28n of my
10
Declaration (above). Also see paragraph 7 of the Declaration of Ofc. Murphy,
11
Brian.
12
i.
On May 7th, 2009, Donta Easley and Henry Washington were contacted by police
13
in front of 644 61st Street. A parole search of Donta Easley and the van he was in
14
revealed that he was in possession of marijuana and he was cited. Donta Easley
15
was also wearing a tattoo “500” on his right wrist, which I know to signify the 500
16
block of 59th Street, which is the home turf claimed by the Bushrod clique of the
17
NSO gang The 600 block of 61st St is known NSO territory and within the proposed
18
Safety Zone. FC# 09-009149, paragraph 40c of The Expert Declaration of Ofc.
19
Gerrans, Patrick.
20
j.
On August 26th 2009, at about 5:00 pm, undercover officers observed Donta Easley
21
sell cocaine-base to a subject in front of 755 Alcatraz Ave. Officers arrested the
22
buyer who stated that she bought the cocaine from a guy named “Donta.” Easley
23
was not taken into custody at that time but a probation violation warrant was later
24
issued for his arrest. The 700 block of Alcatraz Ave is known NSO gang territory
25
and within the proposed Safety Zone. RD# 09-058034, paragraph 40f of The
26
Expert Declaration of Ofc. Gerrans, Patrick.
1
71.
Samuel Flowers: I know of Samuel Flowers through a review of his criminal
2 history, arrest reports, reports of contacts with OPD and BPD, and photographs. Based on
3 my training, experience, and investigation to date, it is my opinion that Samuel Flowers is
4 an active member of the ASAP clique of the NSO
5 criminal street gang.
6
a. Samuel Flowers has the below listed tattoos:
7
1. Right Forearm: “Bonifide”
8
2. Left Forearm:
9
3. “Ice City” on his stomach, decorated with
“Hustler”
10
frost and icicles PHOTO BB (right)
11
b. FLOWERS’ reported address is outside of the
12
proposed safety zone.
13
c. Samuel Flowers has the following felony convictions: 11359 Health & Safety Code
14
(possession of marijuana for sale) - 07 May 08 – Docket #158455 (Associated
15
Docket #: 538600); and 11377Health & Safety Code (illegal possession of
16
prescription drugs) - 01 Oct 07 – Docket #156670 (Associated Docket #530665)
17
d. Samuel Flowers is currently facing three charges for 187 Penal Code (Murder) –
18
16May09 – Docket # 551059C
19
e. On February 16 2008 around 3:04 p.m., Flowers was stopped by police. He was in
20
a car with documented NSO gang member Nyugen Ngo and Kevin Moore in the
21
2700 block of Broadway. The vehicle matched the description of a car reportedly
22
used in a shooting on February 13, 2008. Moore was cited for possession of
23
marijuana found in the car. FC#08-001830, paragraph 6 of the Declaration of Ofc.
24
Bergeron, William
25
26
f. On March 11 2008 at 8:30 pm, undercover officers were conducting surveillance on
Samuel Flowers who was at 892 45th Street, which is in the proposed Safety Zone.
1
Flowers was observed packaging a large amount of marijuana into smaller baggies
2
for individual street sale, then hiding the marijuana and another object under a car.
3
A search under the car revealed the large amount of marijuana and a loaded
4
submachine gun. Flowers was arrested for possession of a machine gun, probation
5
violation, possession of marijuana for sale and felon in possession of a firearm.
6
RD# 08-018850, paragraph 5 of the Declaration of Ofc. Valle, Steve
7
g. On January 20, 2009 at 8:08 pm, Flowers was the passenger of a vehicle that was
8
stopped by officers in the 500 block of 24th Street. Flowers’ informed officers he was
9
on parole and a search was conducted on his person and vehicle. Upon searching
10
the vehicle, officers found and recovered 3 rocks of suspected cocaine base from
11
the vehicle. The driver stated that she had just picked up Samuel Flowers at 59th
12
Street and Adeline Street, which is within the proposed Safety Zone. Both Flowers
13
and the driver were arrested for Possession of a controlled substance. RD# 09-
14
004950, paragraph 8 of the Declaration of Ofc. Barocio, Jose
15
h. On February 25th, 2009 at 2:04 am, Flowers was detained for a possible burglary
16
outside of a pharmacy, in the 6300 block of College Avenue. Flowers was
17
documented wearing an “A’s” baseball cap. The “A’s” hat is associated with the
18
ASAP clique of NSO. The words “ICE CITY” and “ASAP” were embroidered on
19
back of the hat. FC# 09-004969, paragraph 6 of the Declaration of Ofc. Fleming,
20
Wilbert
21
i.
On March 31, 2009 around 2:09 p.m. police contacted Flowers loitering in the 950
22
block of 60th Street, which is located in the proposed Safety Zone. Flowers was
23
released but told the officer that if he had anything on him, he would have run. FC#
24
09-007081, paragraph 10 of the Declaration of Ofc. Leyva, Ernesto.
25
26
j.
On May 16th, 2009, at about 6:34 pm, Sam Flowers drove to Berkeley with
documented NSO gang members Anthony Price, Rafael Campbell, and Stephon
1
Anthony and murdered Berkeley resident Charles Davis apparently in retaliation for
2
the murder of Nguyen Ngo, a fellow NSO gang member who was shot to death in
3
April of 2009 near the intersection of 45th Street at Market Street. This incident is
4
5
paragraphs 3, 4, and 5 of the Declaration of Berkeley Police Sgt. Stines, Chris, and
6
7
72.
Tyrone JACKSON: I know of Tyrone Jackson through several personal
8 contacts, a thorough review of his criminal history, arrest reports, reports of contact with
9 OPD, and photographs. Based on my training, experience, and investigation to date, it is
10 my opinion that Tyrone Jackson is an active member of the Gaskill clique of the NSO
11 criminal gang.
12
a. Tyrone Jackson has been convicted of section 11351.5 Health & Safety Code
13
(felony possession of cocaine base for sale) – 23Oct06, Docket #531511 and
14
11350(a) Health & Safety Code (Felony Possession of a Narcotic) – 2Feb09,
15
Docket #159045
16
b. Jackson’s reported address is outside the proposed Safety Zone.
17
c. On October 14, 2006 at 12:48 a.m. Jackson was arrested for possession of cocaine
18
base for sale (5 rocks) in the 6300 block of San Pablo Avenue which is in the
19
proposed Safety Zone. I am informed and believe that he was convicted of this
20
felony. RD# 06-089956, paragraph 5 of the Declaration of Ofc. Ziebarth
21
d. On December 27, 2007, around 8:00 p.m., NSO gang members of the Gaskill
22
clique, Demoria “Duckie” Spikes and Tyrone Jackson were parked in a vehicle at
23
55th and Gaskill Streets, which is known NSO gang territory and within the
24
proposed Safety Zone. A suspect vehicle pulled up and one or two suspects shot
25
five to six rounds at the vehicle Spikes and Jackson were sitting in. Spikes was hit
26
1
twice in the head and killed, and Jackson was hit in the back. RD# 07-099051,
2
paragraph 4 of the Declaration of Ofc. Pereda, Jorge
3
e. On May 3, 2008 at 12:30 am, Jackson was arrested for possession of cocaine base
4
for sale (5 rocks) in the 2300 block of Valley Street. RD# 08-032997 paragraph 4 of
5
the Declaration of Ofc. Calonge, Nicholas.
6
f. Throughout 2008, Jackson was contacted by police 11 times in 1000 block of 54th
7
Street (near Gaskill Street) which is in the proposed Safety Zone. This location is
8
the established illegal drug sales area for the Gaskill clique of the NSO gang.
9
Jackson was usually contacted with known NSO gang members Dexter Appleby,
10
and several juvenile members of NSO. Jackson was issued verbal warnings
11
several times for loitering for the purposes of controlled substance sales in the area.
12
g. On June 8, 2008 at 5:15 pm, Jackson along with NSO gang member Dexter
13
Appleby were arrested for loitering for the purpose of controlled substance sales on
14
the 1050 block of 54th Street, between Gaskill Street and San Pablo Avenue, which
15
is in the proposed Safety Zone. The arresting officer noted that he has seen or
16
contacted Tyrone Jackson at least four times prior, and Appleby at least three times
17
prior, when responding to drug dealing complaints at this location. Jackson was in
18
possession of drug packaging material. The reporting officer also noted that the
19
resident who had reported the drug dealing refused to give a statement due to fear
20
of retaliation by the suspects. RD# 08-042663, paragraph 9 of the Declaration of
21
Ofc. Chen, Vincent
22
h. On July 3, 2008 at 11:15 a.m. I was working as part of a drug suppression team
23
monitoring the area of 54th Street and San Pablo Avenue, which is established
24
illegal drug sales territory of the Gaskill clique of the NSO gang and within the
25
proposed Safety Zone. An undercover officer informed me that she saw Tyrone
26
Jackson sell a controlled substance to another person then go into a doughnut
1
shop. We arrested him inside the doughnut shop for sales of a controlled
2
substance and possession of Cocaine Base for Sales (5 rocks). .. NSO gang
3
member Dexter Appleby, who was with Jackson in the doughnut shop, was
4
arrested for Loitering for the Purpose of controlled substance Sales. Jackson was
5
arrested and convicted of possession of a controlled substance and served several
6
months in prison. RD# 08-048932
7
i.
On September 7 2009 at 5:05 pm, two unknown suspects exited a vehicle in the
8
area of the 1000 block of 54th Street (at Gaskill) and fired several handgun rounds
9
in the direction of Tyrone Jackson and fellow NSO gang member Melvin Bell, who
10
were standing next to each other outside. Jackson was shot in the leg and was
11
transported to a local hospital with non life threatening injuries. A 17 year old female
12
who was standing with Jackson and Bell was hit by the gunfire in the face and died.
13
This incident is summarized in paragraph 28bb of my Declaration (above). Also
14
see paragraph 20 of the Declaration of Ofc. Leyva, Ernesto
15
j.
On November 11th, 2009, NSO associate Darius Irvin was on San Pablo Avenue at
16
60th Street. Tyrone Jackson was detained by officers one block away, while he was
17
running from the scene. This incident is summarized in paragraph 28cc of my
18
Declaration (above). Also see paragraph 4 of the Declaration of Ofc. Souza, Keith
19
73.
Anthony “AP”, “Polar Bear Price” Price: I know of Anthony Price through
20 several personal contacts, a thorough review of his criminal history, arrest reports, reports
21 of contacts with the Oakland Police Department, and photographs. Based on my training,
22 experience, and investigation to date, it is my opinion that Anthony Price is an active
23 member of the North Side Oakland criminal street gang and is a more respected member
24 of the gang.
25
a. Anthony Price is known by the monikers “AP” and “Polar Bear Price.”
26
1
b. Anthony Price has the following felony convictions: 2nd Degree 211 Penal Code
2
(strong arm robbery) – 4Jun03 – Docket #482623A; and 487(a) Penal Code (grand
3
theft) – 5Sep03 – Docket #367807B
4
5
c.
Anthony Price has a pending criminal case for three counts of 187 Penal Code
(murder) - Docket #551059B
6
d. Anthony Price has the following tattoos on his body. True and correct copies of
7
photos of Anthony Price’s tattoos are attached hereto as Photos D, E, F, and G:
8
1. “Polar Bear Price” tattooed on his left shoulder. Members of NSO will refer to
9
themselves as polar bears. PHOTO CC
10
2. “Bushrod” tattooed across his back. I know that “Bushrod” is a reference a sub-
11
clique of the North Side Oakland criminal street gang and the tattoo signifies
12
Price’s membership in the Bushrod clique of the NSO. PHOTO DD
13
14
15
16
3. “5900” tattooed on his right forearm. 5900 is a reference to the 5900 block of
Shattuck Avenue where Bushrod Park is located. PHOTO EE
4. “Loved by Few, Hated by Many, Respected by All” tattooed on his right forearm.
PHOTO EE
17
5. “Hoe R Die” across his lower back. I know this to be a phrase which to gang
18
members means “do crime or die” And reflects the values and ideals of gang
19
lifestyle. PHOTO FF
20
21
22
23
24
25
26
1
2
3
4
5
6
7
8
9
10
11
12
13
PHOTO CC of Anthony Price (above)
14
15
16
17
18
19
20
21
22
23
24
PHOTO DD of Anthony Price (above)
25
26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
PHOTO EE of Anthony Price (above)
16
17
18
19
20
21
22
23
24
PHOTO FF of Anthony Price “HOE R DIE” tattoo (above)
25
26
1
e. On December 11th, 2002, at about 12:49 pm, Anthony Price and documented NSO
2
gang member Rafael Campbell committed an armed robbery at Grand Lake
3
Scooters at 346 Grand Ave. This incident is summarized in paragraph 66g of my
4
Declaration above. Also see paragraph 5 of the Declaration of Ofc. Botelho, Kris.
5
and paragraph 6 of the Declaration of Ofc. Watson, Johnna.
6
f. I am informed and believe that Price was sentenced to six years in prison for a
7
December 11th, 2002 robbery in Hayward that he was convicted of and started
8
serving that sentence in September of 2003.
9
g. On October 8, 2008 at 9:28 p.m. I was on duty with Ofc. P. Gerrans, and stopped
10
Anthony Price along with documented NSO gang member Anthony Smith. Smith
11
was driving a vehicle in the 5000 block of Broadway. We conducted a probation
12
search of Smith and recovered codeine, for which he was arrested. Smith was
13
wearing a black t-shirt with a large graphic stating “RIP BUSHROB” with photos of
14
Robert Benjamin, an established member of the NSO gang who was killed in 2007.
15
Both Smith and Price wore NSO gang tattoos on their arms reading “North Pole,”
16
“Bushrod Park,” “Polar Bear Price,” and “5900”, all of which are references to the
17
Bushrod clique of the NSO street gang. RD# 08 074922
18
h. On October 30th, 2008, at about 9:45 pm, I was on duty and contacted Anthony
19
Price who was loitering in the area of 59th Street at Canning with Deautis Sudduth,
20
Marcus Sudduth, Kenneth Rasberry, and Vernon Castle Jr. Deautis was cited for
21
possession of marijuana. 59th and Canning Streets is about one and half blocks
22
from Bushrod Park and is known NSO gang territory and in the proposed Safety
23
Zone. Price was on parole for the December 11, 2002 robbery at the time. RD# 08-
24
080619.
25
26
i.
On May 16th, 2009, at about 6:34 pm, Anthony Price, Rafael Campbell, Sam
Flowers and Stephon Anthony (the driver) drove to Berkeley and murdered Charles
1
Davis likely in retaliation for the murder of Nguyen Ngo, a fellow NSO gang member
2
who was shot to death in April of 2009 near the intersection of 45th Street at Market
3
Street This incident is summarized in detail in paragraph 28u of my Declaration
4
above. Also see paragraphs 3, 4, and 5 of the Declaration of Berkeley Police Sgt.
5
Stines, Chris, and paragraph 3 of the Declaration of Berkeley Police Sgt. Hong.
6
74.
Christopher “Chris P” PATRICK aka Terrence Stone, Christopher
7 Farley, or Patrick Farley. I know of Christopher Patrick through prior personal contacts,
9 criminal history, arrest reports, reports of contacts with the Oakland Police Department
10 and Berkeley Police Department and photographs. Based on my training, experience, and
11 investigation to date, it is my opinion that Christopher Patrick is an active member of the
12 NSO criminal street gang is a more respected member of the gang..
13
a. Christopher Patrick is known by the moniker “Chris P” and has also been arrested
14
under the names Terrence Stone, Christopher Farley, and Patrick Farley. His name
15
of record in the Alameda County Consolidated Records Information Management
16
System (CORPUS) is “Terrence Stone”. But it is my understanding that he
17
presently uses the name “Christopher Patrick: and is commonly known by that
18
name.
19
b. Christopher Patrick has the following felony convictions - 12021(a)(1) Penal Code
20
(prohibited person in possession of a firearm or ammunition) – 2Oct08 – Docket #
21
159594; 12025(a)(2) Penal Code (carrying a concealed weapon) – 31Jan05 –
22
Docket # 149248; and 10851(a) Vehicle Code (auto theft) – 12Dec01 – Docket #
23
472335. Christopher Patrick had a pending felony charge for 11378 Health &
24
Safety Code (possession of a controlled substance for sales) from an arrest on
25
January 16, 2010 – I am informed that he plead no contest to a misdemeanor of
26
11377 H&S on February 3, 2010 - Docket # 557487
1
c. A reliable Criminal Informant has identified Christopher Patrick as an NSO gang
2
member and implicated that he has had a significant role in the feud between NSO
3
and Berkeley drug dealers.
4
d. Officers who have prior contacts with Christopher Patrick have noted in reports that
5
he has been a suspect and victim in a series of shootings in the feud between north
6
Oakland and south Berkeley drug dealers. Officers also note that he is part of
7
“Cold Gunnaz.” I know “Cold Gunnaz” to be a clique of the NSO criminal street
8
gang associated with Bushrod Park.
9
e. Christopher Patrick’s reported
10
address is outside of the proposed
11
Safety Zone
12
f. Christopher Patrick has “BOF”
13
tattooed on his right forearm and
14
“BOY” tattooed on his left forearm.
15
Attached below is a true and correct
16
copy of PHOTO GG (right), of
17
Patrick’s tattoos.
18
g. On December 9th, 2001, at about 3:50 am, Christopher Patrick was driving a vehicle
19
reported stolen out of Berkeley. Patrick failed to yield to officers in the 2700 block
20
of Telegraph Avenue and lead them on a high speed chase through north Oakland
21
and much of the proposed Safety Zone. Patrick bailed out of the vehicle in the
22
6400 block of San Pablo Ave and was arrested. I am informed and believe that
23
Patrick was convicted of 10851(a) VC and served 180 days in jail. RD# 01-109659,
24
paragraph 6 of the Declaration of Ofc. Saunders, Christopher, and paragraph 4 of
25
the Declaration of Ofc. Mitchell, Stephen.
26
1
h. On November 19th, 2002, at about 3:50 pm, Christopher Patrick was standing in
2
front of the liquor store at 6310 Market Street when someone stated, “He’s got a
3
gun.” Patrick ran southbound Market Street and heard ten gunshots behind him.
4
Patrick realized he had been shot and ran to 1422 Alcatraz Avenue in Berkeley, his
5
friend’s house, and someone there called 911. I am informed and believe that
6
Desmen Lankford lived at 1422 Alcatraz Avenue, Berkeley at that time. Lankford is
7
a known NSO gang member. Patrick did not provide any suspect information. I
8
know that during this time and in 2003, there was a violent feud between NSO and
9
Berkeley gang members. The 6300 block of Market St is known NSO gang territory
10
and within the proposed Safety Zone. RD# 02-109665, paragraph 5 of the
11
Declaration of Ofc. Pappas, William.
12
i.
On January 5th, 2005, at about 2:00 am, officers observed a stolen vehicle being
13
driven by Christopher Patrick on 58th Street near Telegraph Avenue. Patrick failed
14
to yield and lead police on a vehicle chase to San Pablo Dam Road in Orinda,
15
where he crashed, rolling the vehicle and injuring both of his passengers, Jaqueline
16
Knight and Justin Floyd. During the pursuit, Patrick hit an uninvolved motorist
17
causing that vehicle to crash as well. Patrick was arrested for evading officers
18
causing injuries and stolen vehicle. RD#05-000023, paragraph 6 of the Declaration
19
of Ofc. Bermudez, Melvin. The 5800 block of Telegraph Ave is known NSO gang
20
territory and within the proposed Safety Zone.
21
j.
On January 11th, 2005, at about 9:02 p.m., Berkeley Police detained Christopher
22
Patrick in front of 6123 Dover Street, Oakland, after Patrick attempted to avoid
23
police contact by running away. The reporting officer noted that he knows
24
Christopher Patrick as “Chris P” and that he was a suspect in several Berkeley
25
homicides, he was the suspect and victim of shootings between south Berkeley and
26
north Oakland drug dealers and that he has had prior arrests for homicide. The
1
officer recovered a loaded handgun that Patrick dropped just before police contact.
2
Patrick was on bail for the January 5, 2005 incident described above when he was
3
arrested by Oakland Police driving a stolen car. Berkeley Police arrested Patrick
4
for illegally possessing the handgun, and for committing a felony while on bail.
5
Patrick gave a written statement admitting he was carrying the handgun. The
6
reporting officer noted that the area of 61st St at Dover is “a problematic area known
7
for violence and shootings associated with an on-going feud between south
8
Berkeley and north Oakland drug dealers.” Berkeley Police Department Report #
9
05-1908, paragraph 3 of the Declaration of Berkeley Police Ofc. Murphy, E. I know
10
the area of 61st St and Dover to be known NSO gang territory, and within the
11
12
k. On February 15th, 2005, at about 6:45 p.m., officers contacted Christopher Patrick
13
in front of Dorsey’s Locker at 5817 Shattuck Avenue, after he had run from them
14
earlier in the same day. Patrick was on probation for 12021(a) Penal Code (illegal
15
gun possession) at the time. FC#05-102499, paragraph 8 of the Declaration of Ofc.
16
Keely, Douglass. The 5800 block of Shattuck is known NSO gang territory and is
17
within the proposed Safety Zone.
18
l.
On August 24th, 2005, at about 5:14 p.m., officers attempted to stop Christopher
19
Patrick, who was driving a stolen vehicle, at 45th and West Streets. Patrick evaded
20
officers, ran a stop sign at 44th St and Market and crashed into an uninvolved
21
moving vehicle. An unknown black male suspect fled from the passenger side door
22
and Patrick fled on foot from the crash. Patrick was caught about a block away
23
after leading officers on a foot chase during which Patrick jumped over fences and
24
into private yards. He was arrested for Vehicle Theft, Hit and Run and Possession
25
of Stolen Property. Patrick was on probation for 12021(a) PC at the time. RD#05-
26
051012, paragraph 7 of the Declaration of Ofc. Foreman, Joseph. I am informed
1
and believe that Patrick’s probation was revoked and he served two days in jail.
2
The area of 45th St and West St is known NSO gang territory and is within the
3
4
m. On March 9th, 2008, at about 11:59 pm, officers stopped LaJon Collins and
5
Christopher Patrick in the Wash House at 5900 Telegraph, across the street from
6
Bushrod Park, which is in the proposed Safety Zone. Officers observed Collins
7
place a loaded handgun into one of the washing machines just after Collins noticed
8
the police were present. Collins and Patrick were detained, the firearm was
9
recovered and Collins was arrested for possession of the firearm. RD#08-018297,
10
paragraph 24a of the Expert Declaration of Ofc. Clark, Nadia. The 5900 block of
11
Telegraph Ave is known NSO gang territory and is within the proposed Safety
12
Zone. Collins stated that he keeps a firearm is “for protection because there is a lot
13
of killing in the streets of Oakland.” Collins is a documented NSO gang member.
14
n. On May 21st, 2008, at about 10:59 pm, my partner and I saw Christopher Patrick
15
standing in front of Dorsey’ Locker, which is in the proposed Safety Zone, and knew
16
him to have an active parole warrant. We attempted to stop Patrick but he fled on
17
foot. We pursued him to the rear of 5810 Shattuck Ave and took him into custody.
18
We recovered a loaded firearm on the ground where we took Patrick into custody
19
and one bottle of codeine from his person for which Patrick was arrested. Patrick
20
plead to 12021(a)(1) PC and served 213 days in prison. RD# 08-037911
21
o. In October of 2009, I spoke with a reliable criminal informant (CI). When asked
22
about the traditional feud between NSO and Berkeley, CI advised the following:
23
The feud between North Oakland and Berkeley has been going on since about
24
2000, maybe even a couple of years before. The feud is between all of north
25
Oakland versus south Berkeley and Water Front, in Berkeley. The south
26
Berkeley gang and Water Front gang also have traditional arguments between
1
each other but are “all in the same boat” when fighting with sorth Oakland. In
2
2003, “Chris P,” who I know to be Patrick, provided information to the police
3
regarding shooting suspects from Water Front in Berkeley from an incident
4
when they shot at him and hit “the twins,” two other NSO gang members. The
5
Water Front suspects had somehow learned that Chris P was informing on
6
members of their gang and a “shoot on sight” order was put out on Chris P.
7
The informant said that Chris P was hanging out with “Donta” around this time.
8
Donta is described as a black male, over six feet tall, around the same age as
9
Chris P, with light skin and with some facial hair. Donte was also from Bushrod.
10
I believe that Donte is possibly Donta Easley, an NSO gang member from
11
Bushrod Park.
12
p. I am informed and believe that: on January 16, 2010 around 5:20 p.m., Oakland
13
Housing Authority Police contacted Christopher Patrick, who was loitering with a
14
juvenile NSO member who I will refer to as M.B. (17 years old), in the 600 block
15
of 53rd Street. I am informed that this location is known for illegal controlled
16
substance trafficking activity. Patrick fled from officers and then was detained.
17
He was found in possession of eight pills of suspected Ecstacy and $220 cash.
18
A records check revealed that he was on parole for illegal firearms possession.
19
He was placed under arrest for possession of controlled substances for sales
20
(H&S 11378), and pled no contest to H&S 11377. M.B. fled from officers but
21
was detained. M.B. was found in possession of a loaded .38 caliber pistol
22
which had been reported stolen. RD# 10-003478
23
75.
SMITH, Anthony: I know of Anthony Smith through personal contacts, a
24 review of his criminal history, arrest reports, reports of contact with OPD, and
25 photographs. Based on my training, experience, and investigation to date, it is my opinion
26 that Anthony Smith is an active member of the Bushrod clique of the NSO criminal gang.
1
a. Anthony Smith has the following felony convictions: 2800.2 (a) Vehicle Code
2
(fleeing from a police officer in a vehicle) – 20Jan09 - Docket #160359, served 16
3
months prison; and 11351.5 Health & Safety Code (controlled substance sales)
4
26Dec06 – Docket #154489, served 142 days jail and sentenced to 5 years
5
probation.
6
b. Smith has the following tattoos on his body: 1) Right Forearm “North 5 Bushrod” 2)
7
Left Forearm “Pole 9 Park.” I know “North Pole” to be a reference to the NSO
8
criminal gang and “Bushrod Park” “59” refer to the Bushrod Park clique of NSO.
9
True and correct copies of photos of Anthony Smith’s tattoos are attached hereto as
10
Photo HH and Photo II.
11
Photo HH (below)
and Photo II (below)
Photo JJ (below)
12
13
14
15
16
17
18
19
20
21
22
23
24
25
c. I observed Smith wearing a black T-Shirt with “RIP BUSHROB.” I know that “RIP
BUSHROB” represents Robert Benjamin, an established and respected NSO gang
member from the Bushrod clique who was a victim of homicide in 2007. A true and
correct copy of a photo of Anthony Smith wearing the RIP BUSHROB shirt is
attached hereto as Photo JJ.
26
1
d. Smith’s moniker is “Bully.”
2
e. On June 18, 2005 around 12:08 a.m., Smith was arrested on the 5600 block of
3
Shattuck Avenue for public intoxication. He was yelling and creating a disturbance
4
in a large crowd. The 5600 block of Shattuck Ave is known NSO gang territory and
5
within the proposed Safety Zone. RD# 05-034736, paragraph 7 of the Declaration
6
of Ofc. Bermudez, Melvin
7
f. On August 9, 2005 at 5:20 p.m. Smith was arrested for possession of cocaine base
8
for sale (8 rocks) in the 500 block of 58th Street. Since 2000, this location, which is
9
one block south of Bushrod Park and in the proposed Safety Zone, has been an
10
established spot for street drug sales and is claimed by NSO as its territory. RD#
11
05-047250, paragraph 8 of the Declaration of Ofc. Worcester, Curtis
12
g. On July 21, 2006 at 9:31 p.m., Smith (who had an active felony warrant) along with
13
documented NSO gang members Christopher Patrick (who was on parole) and
14
Akbah Allahbey were stopped by police in the 700 block of 58th Street which is in
15
the proposed Safety Zone and is two blocks from Bushrod Park. Smith and Patrick
16
were arrested for possession of marijuana for sales (16 individual baggies). RD#
17
06-061953, paragraph 5 of the Declaration of Ofc. Bowling, Sean
18
h. On July 25, 2006 at 7:18 p.m. Smith was arrested for possession of marijuana for
19
sales (8 baggies) in the 600 block of 59th Street. The 600 block of 59th St is known
20
NSO gang territory one block from Bushrod Park and is within the proposed Safety
21
Zone. RD# 06-063235, paragraph 5 of the Declaration of Ofc. Clement, Keith
22
i.
On March 26, 2008 at 5:50 p.m. Smith (who was on felony probation for controlled
23
substance sales) was observed by officers conducting drug sales activity in the
24
5800 block of Shattuck Avenue, which is in the proposed Safety Zone. As officers
25
attempted to make contact, Smith fled on foot for about 3 blocks, running through
26
private yards and jumping fences, and was later arrested at MLK Jr Way and
1
Alcatraz for resisting a peace officer. Officers then conducted a probation search on
2
Smith’s residence and located several articles of clothing with gang pictures and
3
tags referring to Bushrod Park. RD# 08-022770, paragraph 8 of the Declaration of
4
Ofc. Bermudez, Melvin
5
j.
On July 6, 2008 at 7:25 p.m. Smith (who was on felony probation) was stopped by
6
police in the 400 block of 58th Street which is in the proposed Safety Zone. Officers
7
recovered three individual bags of marijuana and a large amount of U S Currency
8
from Smith’s possession. Smith was arrested for possession of marijuana for sales.
9
RD# 08-049721 paragraph 10 of the Declaration of Ofc. Chen, Vincent
10
k. On October 8, 2008 at 9:28 p.m. I was on duty with Ofc. Gerrans, P. and stopped
11
Smith along with documented NSO gang member Anthony Price. Both of them had
12
NSO related tattoos. Smith was wearing an NSO related T-shirt and was in
13
possession of codeine. This incident is documented in paragraph 73g of my
14
Declaration (above).
15
l.
On January 4, 2009 at 2:28 a.m. Smith along with documented NSO gang member
16
Lajon Collins fled from police in Smith’s vehicle. The pursuit started on West.
17
MacArthur Boulevard near Martin Luther King, Jr. Way. Smith drove on city streets
18
in excess of 60 mph, running multiple stop lights, got on and off of the freeway, then
19
headed to the 5800 block of Canning Street where Collins exited the vehicle and
20
fled on foot. Smith continued driving toward the Bushrod Park area, driving on the
21
sidewalk and striking a police vehicle as he fled. Smith crashed into a tree at 57th
22
Street and Shattuck. Smith attempted to flee on foot but was caught and arrested.
23
Officers recovered marijuana and sales packaging materials from Smith’s vehicle.
24
Smith was arrested for evading the police, hit and run, and possession of marijuana
25
for sales. RD# 09-000707, paragraph 9 of the Declaration of Ofc. Ruiz, Jr., Robert.
26
1
Both the 5800 block of Canning Street and the 5700 Block of Shattuck Ave are
2
within the proposed Safety Zone and established NSO gang territory.
3
76. YOUNG, Yancie: I know of Yancie Young through personal contacts, a review of
4 his criminal history, arrest reports, reports of contact with OPD, and photographs. Based
5 on my training, experience, and investigation to date, it is my opinion that Yancie Young is
6 an active member of the NSO criminal gang and is a respected member of the gang.
7
a. Yancie Young has the following misdemeanor convictions 12021(c)(1) Penal Code
8
(Prohibited Person is Possession of a Firearm) 6Oct 08 – Docket#158991B;
9
273.5(a) Penal Code (Domestic Battery with Corporal Injury) 21Jun00 – Docket
10
#457549; 11357(a) Health & Safety Code (Possession of Marijuana over 28.5
11
grams) 23May00 – Docket #455800
12
b. On August 17 2000 at 11:15 pm Officers responded to a 911 call at 1037 63rd
13
Street, which is in the proposed Safety Zone. Young answered the door and
14
allowed the officers entry to check out the residence. Officers observed marijuana
15
in Young’s bedroom. Officers attempted to detain Young when he began to fight
16
with them. Young fled the scene. RD# 00-074982, paragraph 5 of the Declaration of
17
Ofc. Sanchez, Juan
18
c. On January 28 2005 at 5:30 pm, an undercover Oakland police officer observed
19
Young selling crack cocaine to several individuals in front of 1039 63rd Street, which
20
is in the proposed Safety Zone. Young was arrested for sales of a controlled
21
substance. RD# 05-005473, paragraph 7 of the Declaration of Ofc. Keely, Douglass
22
d. On July 20 2005 at 1:36 pm, Oakland police officers conducted a search warrant at
23
Young’s home at 1037 63rd Street, which is in the proposed Safety Zone. During the
24
search, officers recovered five bags of marijuana, a $1,317 of US Currency, .38
25
caliber revolver, ammunition, stun gun, digital scale and packaging materials.
26
Young was arrested for possession of marijuana for sales and prohibited person
1
with a firearm. Young stated to officers that he was a “Veteran dealer.” RD# 05-
2
041842, paragraph 9 of the Declaration of Ofc. Keely, Douglass
3
e. On June 11, 2009 at 11:55 am, Oakland police officers conducted a probation
4
search of Young’s home, 1037 63rd Street, which is in the proposed Safety Zone.
5
During the search, officers recovered .40 caliber semi-auto firearm, a large amount
6
of marijuana, a large amount of US currency, body armor, automatic weapon
7
magazine (30 round capacity), three digital scales and several boxes of
8
ammunition. Young was arrested for possession of marijuana for sales and
9
prohibited person with a firearm. During the search of Young’s residence, a
10
stocking with the words “North Pole”, a beanie type hat with the words “North Pole
11
Savage 456”, and several photos of subjects involved with the NSO street gang
12
were located there. RD# 09-039955, paragraph 10 of the Declaration of Ofc. Keely,
13
Douglass
14
f. On November 23rd, 2009, at about 5:29 p.m., a woman called the police from a
15
residence on the 1000 block of 63rd St reporting that Yancie Young had just hit her
16
in the forehead with a Mac-10 submachine gun with a silencer on it and was now
17
giving his firearms to his uncle in a house across the street. Prior to police arrival,
18
Young fled the scene on foot. I responded to the scene and took Young into
19
custody a block from his residence. Other officers on scene secured Young’s
20
residence and his uncle’s residence across the street. I obtained a search warrant
21
for the residences and upon service, we recovered a large amount of marijuana
22
(approximately 320 grams), a large amount of US Currency, a large amount of
23
handgun and assault rifle ammunition, a silencer, loaded high capacity magazines
24
and NSO gang clothing. Young was arrested for Prohibited Person in Possession
25
of Ammunition, Possession of a Silencer, and Possession of Marijuana for Sales
26

JOHN A - Berkeleyside

Transcription

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