Complaint for the Injunctive Relief to Abate a Public Nuisance

46 Pages·2011·25.05 MB·English

by  City Staff

I.
I STEPHEN P. WILEY, CITY ATTORNEY
om Shapiro, Assistant City Attorney
2
ichelle Montez, Assistant City Attorney FILED
Tava Ostrenger, Deputy City Attorney SUPERIOR COURT of CALIFORNIA
COUNTY of SANTA BARBARA
State Bar Nos. 84517, 127383,202989,249964
4 Post Office Box 1990 MAR 1 4 2011
Santa Barbara, California 93102-1990
5 (t) [phone] (f) [phone] GARY M. BLAIR, Executj¥e Officer
BY <J~&.: ~
6 NARZRALLIKSH, Deputy Cieri<
JOYCE DUDLEY, DISTRICT ATTORNEY
Hilary Dozer, Chief Deputy District Attorney
7
State Bar Nos. 146729, 79978
8 1105 Santa Barbara Street
Santa Barbara, California 93101
9 (t) [phone] (f) [phone]
10
Attorneys for the People of the State of California
11
12 SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SANTA BARBARA
13
14 ANACAPA DIVISION
1379826
15 PEOPLE OF THE STATE OF CALIFORNIA, ) CASE NO.
)
16
Plaintiff, )
)
17
CITY OF SANTA BARBARA, a municipal )
18 corporation, ) COMPLAINT FOR INJUNCTIVE
) RELIEF TO ABATE A PUBLIC
19 Plaintiff and Real Party in ) NUISANCE
Interest )
20
)
vs. )
21
)
22 EASTSIDE, a criminal street gang sued as an )
unincorporated association; WESTSIDE, a criminal )
23 street gang sued as an unincorporated association, )
FRANCISCO ANAYA aka "Kartoon," as an )
24
individual, MICHAEL CARDENAS aka )
"PYSCHO MIKE," as an individual, BRYAN )
25
CARRENO aka "SNEAK E," as an individual, )
26 EDGAR CORDOVA aka "PLAYBOY," as an )
individual, AUGUSTINE CRUZ aka "MUNECO" )
27 AND "FELON," as an individual, PEDRO )
GARCIA aka "OSO," as an individual, )
28
1
People v. Eastside, Westside et al.
I RA YMOND MACIAS aka "BOXER," as an )
individual, RUBEN MIZE aka "CHICO" AND )
2
"GANGSTER LOKO," as an individual, )
PATRICIA MORENO aka "MUNECA," as an )
3
individual, MIGUEL PARRA aka "TRIPPS," as an )
4 individual, OMAR RAMOS aka "SLEEPY," as an )
individual, IV AN ROMERO aka "LIL )
5 NIGHTMARE," as an individual, HUMBERTO )
TRUJILLO aka "SMURF ," as an individual, )
6
JONATHAN ALONZO aka "LONELY ONE," as )
an individual, CESAR BARADAS aka "CRAZY )
7
BOY," as an individual, CHRISTIAN BOTELLO )
8 aka "TWEETY," as an individual, ENRIQUE )
CORTEZ aka "RISKY" OR "SHADOW," as an )
9 individual, DANIEL FLORES aka "WHISPERS," )
as an individual, RUBEN FLORES aka "LIL )
10
WOODY," as an individual, MARICAL GARCIA )
aka "TOPO," as an individual, MIGUEL GARCIA)
11
aka "STIMPY," as an individual, DENISE )
12 LAZARO GONZALEZ aka "SLEEPY LOCA," as )
an individual, STACY IBARRA aka "GRUMPY," )
13 as an individual, EDWIN MIGUEL aka "DOPES," )
as an individual, MIGUEL MOLINA aka "MR. )
14
SPARKY," as an individual, EMMANUEL )
PADRON aka "MORENO," as an individual, )
15
MARCOS RAMOS aka "SNEAKY," as an )
16 individual, MICHAEL RODRIGUEZ aka "YOGI," )
ROY SARABIA aka "SMOKEY," as an individual, )
17 RAUL TORRES aka "MINI," as an individual, and)
DOES 1 through 300, inclusive; )
18
)
Defendants.
)
19
20
21 INTRODUCTORY STATEMENT
22
This complaint sets forth a single cause of action seeking to permanently enjoin
23
Defendants Eastside criminal street gang (also known as "East Side," "ES," "Eastsider," "Evil
24
Side, "-and "East Bruta" hereinafter referred to as "Eastside"), and Westside criminal street
25
gang (also known as "West Side," "WS," "Westsider," "Wicked Side," and "West Bruta,"
26
hereinafter referred to as "Westside"), the named individual gang members of each gang, and
27
28
2
People v. Eastside, Westside et al.
..." ". r.nmnl:::.int fnr Inil1nrth". . R pl1pf t('\ A ho;at,:o III P ...... I1 ..... 1\.1. . ; ... " .... ,.. ...
1 Does 1 through 300 (collectively referred to "Defendants"), from maintaining a public
2
nuisance.
3
Defendants Eastside and Westside are rival criminal street gangs, whose members,
4
including but not limited to those individuals named as defendants herein, have created a
5
hazardous public nuisance in the "Propo~ed Safety Zones A, B, Special Event, and Designated
6
Parks Zones," (hereinafter referred to individually name or collectively as "Proposed Safety
7
8 Zones") described herein, within the City of Santa Barbara.
9 Therefore, Plaintiffs, the People of the State of California, and Plaintiff and Real Party
10
in Interest, City of Santa Barbara acting by and through Stephen P. Wiley, the City Attorney of
11
Santa Barbara, and Joyce Dudley, the Santa Barbara County District Attorney, are informed
12
and believe, and based upon such information and belief, alleges:
13
14
PLAINTIFFS
15
16 1. Plaintiff is the People of the State of California (hereinafter ''the People"), acting
17 by and through, the City Attorney for the City of Santa Barbara, and the District Attorney for
18
the County of Santa Barbara, who act under the authority of Code of Civil Procedure section
19
731 and Civil Code section 3494 to represent the People of the State of California.
20
2. At all times mentioned in the complaint, Plaintiff and Real Party in Interest, City
21
of Santa Barbara (hereinafter referred to as "the People"), was and is a municipal corporation
22
and a chartered city organized and existing under the laws of California.
23
24 3. Jurisdiction of this Court is invoked pursuant to Code of Civil Procedure section
25 526 and Civil Code section 3491.
26
4. California Code of Civil Procedure section 394 mandates venue of this action in
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the County of Santa Barbara.
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3
People v. Eastside, Westside et al.
Complaint for Injunctive Relief to Abate a Pllhli~ NlIi~~nrf'
I DEFENDANTS - EASTSIDE
2
5. Defendant Eastside was, currently is, and at all times mentioned in this
3
complaint, has been an unincorporated association within the meaning of Code of Civil
4
Procedure section 369.5, acting by and through its respective members and associates.
5
Defendant Eastside acts by and through its members, individually, collectively, in concert, and
6 . .
conducts its affairs and activities in the City of Santa Barbara, County of Santa Barbara, State
7
8 ofCalifomia. Defendant Eastside claims gang territory, or ''turf,'' within the Eastside of the
9 City of Santa Barbara and within areas of the Proposed Safety Zones.
10
6. Defendant Eastside is and, at all times mentioned in this Complaint, has been a
11
criminal street gang as defined in Penal Code section 186.22, subdivision (f), inasmuch as
12
Defendant Eastside is a group of three or more individuals with a common name or common
13
symbol and whose members, individually or collectively, engage in or have engaged in a
14
pattern of criminal gang activity, and has as one of its primary activities the commission of
15
16 enumerated "predicate crimes." Eastside gang members frequently invoke their gang's name,
17 "Eastside," when they commit their criminal and nuisance activities. Members of the gang use
18
their gang's name to confront, intimidate, and harass individuals who live, work, visit, and pass
19
through the Proposed Safety Zones. Because its members function under a common name,
20
fairness requires that Defendant Eastside be recognized as a legal entity subject to suit and
21
equitable judicial remedies.
22
7. Defendant Eastside is and, at all times mentioned herein, has been an
23
24 unincorporated association within the meaning of Corporations Code section 18035, inasmuch
25 as it consists of two or more individuals joined by mutual consent for some common lawful
26
purposes, such as attending social gatherings, recreational events, and funerals. However,
27
notwithstanding any common lawful purpose, Defendant Eastside is a criminal street gang
28
4
People v. Eastside, Westside et al.
Complaint for Injunctive Relief to Abate a Public Nuisance
I hose members are primarily engaged in criminal and nuisance activities giving rise to a public
2
uisance in the Proposed Safety Zones.
3
8. Defendant Eastside contains various subsets and cliques, including but not
4
limited to "Traviesos," "Krazies," and "Familia." Despite this, not all Eastside gang members
5
claim a clique or subset, but are still members of the Eastside gang.
6
9. Defendant Eastside is comprised of individual adult members including, but not
7
8 limited to the following persons: 1. Francisco Anaya aka "Kartoon," 2. Michael Cardenas aka
9 "Psycho Mike," 3. Bryan Carreno aka "Sneak E," 4. Edgar Cordova aka "Playboy," s.
10
Augustine Cruz aka "Muneco" and "Felon," 6. Pedro Garcia aka "Oso," 7. Raymond Macias
11
aka "Boxer," 8. Ruben Mize aka "Chico" and "Gangster Loko," 9. Patricia Moreno aka
12
"Muneca," 10. Miguel Parra aka "Tripps," 11. Omar Ramos aka "Sleepy," 12. Ivan Romero
13
"Lil Nightmare," and 13. Humberto Trujillo aka "Smurf' (all collectively hereinafter known as
14
"Designated Eastside Gang Members" or "Defendants"), each of whom has been in the
15
16 Proposed Safety Zones in the City of Santa Barbara and is responsible in some manner for the
17 public nuisance described in this Complaint.
18
10. Defendant Francisco Anaya aka "Kartoon" is a known Eastside gang
19
member. Anaya has had numerous law enforcement contacts while associating with Eastside
20
gang members, has Eastside gang tattoo(s) tattooed on his body, has made admissions to the
21
Santa Barbara Police Department (SBPD) of his Eastside gang membership, and has been
22
arrested on several occasions for gang related crimes.
23
11. Defendant Michael Cardenas aka "Pyscho Mike" is a known Eastside gang
24
25 member. Cardenas has had numerous law enforcement contacts while associating with
26 Eastside gang members, has Eastside gang tattoo(s) tattooed on his body, and has made
27
admissions to the SBPD of his Eastside gang membership. On July 31, 2009, Cardenas
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5
People v. Eastside, Westside et al.
Complaint for Injunctive Relief to Abate a Public Nuisance
1 displayed Eastside gang hand signs at SBPD officers and was wearing known Eastside gang
2
attire.
3
12. Defendant Bryan Carreno aka "Sneak E" is a known Eastside gang member.
4
Carreno has had numerous law enforcement contacts while associating with Eastside gang
5
members, has Eastside gang tattoo(s) tattooed on his body, has made admissions to the SBPD
6.
of his Eastside gang membership, and has been contacted by law enforcement while in
7
8 possession of Eastside gang writings or wearing Eastside gang attire. On October 13,2006,
9 Carreno was stabbed during a gang fight between Eastside gang members and the Westside
10
gang members.
11
13. Defendant Edgar Cordova aka "Playboy" is a known Eastside gang member.
12
Cordova has had numerous law enforcement contacts while associating with Eastside gang
13
members, has Eastside gang tattoo(s) tattooed on his body, has made admissions to the SBPD
14
of his Eastside gang membership, has been contacted by law enforcement while in possession
15
16 of Eastside gang writings or wearing Eastside gang attire, has been observed by law
17 enforcement in photographs displaying Eastside gang hand signs, and has been arrested for
]8
gang related crimes including assault with a deadly weapon (firearm).
19
14. Defendant Augustine Cruz aka "Muneco" and "Felon" is a known Eastside
20
gang member. Cruz has had numerous law enforcement contacts while associating with
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Eastside gang members, has Eastside gang tattoo(s) tattooed on his body, has made admissions
22
to the SBPD of his Eastside gang membership, has been contacted by law enforcement while in
23
24 possession of Eastside gang writings or wearing Eastside gang attire, and is a registered
25 Eastside gang member pursuant to Penal C~de section 186.30. Cruz has been arrested for gang
26
related crimes including Eastside gang graffiti, vandalism, and petty theft.
27
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6
People v. Eastside, Westside et al.
Complaint for Injunctive Relief to Abate a Public Nuisance
1
2
15. Defendant Pedro Garcia aka "Oso" is a known Eastside gang member. Pedro
3
Garcia has had numerous law enforcement contacts while associating with Eastside gang
4
members, has Eastside gang tattoo(s) tattooed on his body, has made admissions to the SBPD
5
of his Eastside gang membership, has been contacted by law enforcement while in possession
6
of Eastside gang writings or wearing Eastside gang attire, and has been observed by law
7
8 enforcement in photographs displaying Eastside gang hand signs with other Eastside gang
9 members/associates.
10
16. Defendant Raymond Macias aka "Boxer" is a known Eastside gang member.
11
Macias has had numerous law enforcement contacts while associating with Eastside gang
12
members, has Eastside gang tattoo(s) tattooed on his body, has made admissions to the SBPD
13
of his Eastside gang membership, and has been contacted by law enforcement while in
14
possession of Eastside gang writings or wearing Eastside gang attire.
15
16 17. Defendant Ruben Mize aka "Chico" and "Gangster Loko" is a known
17 Eastside gang member. Mize has had numerous law enforcement contacts while associating
18
with Eastside gang members, has Eastside gang tattoo(s) tattooed on his body, has made
19
admissions to the SBPD of his Eastside gang membership, has been contacted by law
20
enforcement while in possession of Eastside gang writings or wearing Eastside gang attire, and
21
has been observed by law enforcement in photographs displaying Eastside gang hand signs.
22
Mize has been arrested for numerous gang related incidents including battery, assault with a
23
24 deadly weapon, attempted murder, and murder.
25 18. Defendant Patricia Moreno aka "Muneca" is a known Eastside gang member.
26
Moreno has had numerous law enforcement contacts while associating with Eastside gang
27
members, has Eastside gang tattoo(s) tattooed on her body, has made admissions to the SBPD
28
7
People v. EastSide, Westside et a/.
Complaint for Injunctive Relief to Abate a Public Nuisance
1 of her Eastside gang membership, has been contacted by law enforcement while in possession
2
of Eastside gang writings and wearing Eastside gang attire, and has been observed by law
3
enforcement in photographs displaying Eastside gang hand signs. Moreno has been arrested for
4
gang related crimes including Eastside gang graffiti, vandalism, and robbery.
5
19. Defendant Miguel Parra aka "Tripps" is a known Eastside gang member.
6
Parra has had numerous law enforcement contacts while associating with Eastside gang
7
8 members,has Eastside gang tattoo(s) tattooed on his body, has made admissions to the SBPD
9 of his Eastside gang membership, and has been arrested for gang related crimes.
10
20. Defendant Omar Ramos aka "Sleepy" is a known Eastside gang member.
11
Omar Ramos has had numerous law enforcement contacts while associating with Eastside gang
12
members, has Eastside gang tattoo(s) tattooed on his body, has made admissions to the SBPD
13
of his Eastside gang membership, has been contacted by law enforcement while in possession
14
of Eastside gang writings or wearing Eastside gang attire, and has been arrested for gang
15
16 related crimes.
17 21. Defendant Ivan Romero aka "Lil Nightmare" is a known Eastside gang
18
member. Romero has had numerous law enforcement contacts while associating with Eastside
19
gang members, has Eastside gang tattoo(s) tattooed on his body, has made admissions to the
20
SBPD of his Eastside gang membership, and has been arrested for gang related crimes.
21
22. Defendant Humberto Trujillo aka "Smurf" is a known Eastside gang member.
22
Trujillo has had numerous law enforcement contacts while associating with Eastside gang
23
members, has Eastside gang tattoo(s) tattooed on his body, has made admissions to the SBPD
24
25 of his Eastside gang membership, has been contacted by law enforcement while in possession
26 of Eastside gang writings or wearing Eastside gang attire, and has been observed by law
27
enforcement in photographs displaying Eastside gang hand signs. Trujillo has been arrested for
28
8
People v. Eastside, Westside et al.
Complaint for Injunctive Relief to Abate a Public Nuisance
1 various gang related crimes.
2
3
DEFENDANTS - WESTSIDE
4
23. Defendant Westside was, currently is, and at all times mentioned in this
5
complaint, has been an unincorporated association within the meaning of Code of Civil
6
Procedure section 369.5, acting by and through its respective members and associates.
7
8 Defendant Westside acts by and through its members, individually, collectively, in concert, and
9 conducts its affairs and activities in the City of Santa Barbara, County of Santa Barbara, State
10
of California. Defendant Westside claims gang territory, or ''turf,'' within the Westside of the
11
City of Santa Barbara and within areas of the Proposed Safety Zones.
12
24. Defendant Westside is and, at all times mentioned in this Complaint, has been a
13
criminal street gang as defined in Penal Code section 186.22, subdivision (t), inasmuch as
14
Defendant Westside is a group of three or more individuals with a common name or common
15
16 symbol and whose members, individually or collectively, engage in or have engaged in a
17 pattern of criminal gang activity, and has as one of its primary activities the commission of
18
enumerated "predicate crimes." Westside gang members frequently invoke their gang's name,
19
"Westside," when they commit their criminal and nuisance activities. Members of the gang use
20
their gang's name to confront, intimidate, and harass individuals who live, work, visit, and pass
21
through the Proposed Safety Zones. Because its members function under a common name,
22
fairness requires that Defendant Westside be recognized as a legal entity subject to suit and
23
24 equitable judicial remedies.
25 25. Defendant Westside is and, at all times mentioned herein, has been an
26 unincorporated association within the meaning of Corporations Code section 18035, inasmuch
27
as it consists of two or more individuals joined by mutual consent for some common lawful
28
9
People v. Eastside, Westside et al.
Comolaint for Injunctive Relieftn Ahilt~ R PllhliC' NlIi~~nC',.
1 purposes, such as attending social gatherings, recreational events, and funerals. However,
2
notwithstanding any common lawful purpose, Defendant Westside is a criminal street gang
3
whose members are primarily engaged in the criminal and nuisance activities giving rise to the
4
public nuisance in the Proposed Safety Zones.
-5
26. Defendant Westside contains various subsets and cliques, including but not
6
limited to "Projects," "Destroyers," "Tiny Locos," and "Lokotes." Despite this, not all
7
8 Westside gang members claim a clique or subset, but are still members of the Westside gang.
9 27. Defendant Westside is comprised of adult individual members including, but not
10
limited to the following persons: 1. Jonathan Alonzo aka "Lonely One," 2. Cesar Baradas aka
11
"Crazy Boy," 3. Christian Botello aka "Tweety," 4. Enrique Cortez aka "Risky" or "Shadow,"
12
5. Daniel Flores aka "Whispers," 6. Ruben Flores aka "Lil Woody," 7. Marical Garcia aka
13
"Topo," 8. Miguel Garcia aka "Stimpy," 9. Denise Lazaro Gonzalez aka "Sleepy Loca," 10.
14
Stacy Ibarra aka "Grumpy," 11. Edwin Miguel aka "Dopes," 12. Miguel Molina aka "Mr.
15
16 Sparky," 13. Emmanuel Padron aka "Moreno," 14. Marcos Ramos aka "Sneaky," 15.
17 Michael Rodriguez aka "Yogi," 16. Roy Sarabia aka "Smokey," and 17. Raul Torres aka
18
"Mini" (all collectively hereinafter known as "Designated Westside Gang Members" or
19
"Defendants"), each of whom has been in the Proposed Safety Zones in the City of Santa
20
Barbara and is responsible in some manner for the public nuisance described in this Complaint.
21
28. Defendant Jonathan Alonzo aka "Lonely One" is a known Westside gang
22
member. Alonzo has made admissions to the SBPD of his Westside gang membership, has had
23
numerous law enforcement contacts while associating with Westside gang members, has been
24
25 contacted by law enforcement while in possession of Westside gang writings or wearing
26
Westside gang attire, has been observed displaying Westside gang hand signs, and has been
27
arrested for gang related crimes including Westside gang graffiti, assault with a deadly weapon,
28
10
People v. Eastside, Westside et al.
Complaint for Injunctive Relief to Abate a Puhlic Nui~nce