a.erk OF THE COURT BY.' JACQ\ll!LYN WlLLIS-MOOHEE

Transcription

1 DENNIS J. HERRERA, State Bar # City Attorney ALEX G. TSE, State Bar #1 ENDORSED Chief Attorney, Neighborhood and Resident Safety Team 3 MICHAEL S. WEISS, State Bar # YVONNE R. MERE, State Bar#1 Deputy City Attorney Fox Plaza 0 Market Street, Sixth Floor F I LED Ban Francisco County Superior Court FEB 1 11 a.erk OF THE COURT BY.' JACQ\ll!LYN WlLLIS-MOOHEE San Francisco, California -0 Deputy CIe& Telephone: (1)-300 Facsimile: (1) 3- michael.weiss@sfgov.org yvonne.mere@sfgov.org Attorneys for Plaintiff PEOPLE OF THE STATE OF CALIFORNIA 1 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA PEOPLE OF THE STATE OF CALIFORNIA, by and through Dennis J. Herrera, City Attorney for the City and County of San Francisco, COUNTY OF SAN FRA.NCISCO UNLIMITED JURISDICTION Case No. CGC -0-.~{±>R~PGSEB vs. Plaintift~ ORDER GRANTING DEFAULT JUDGMENT IN FORM OF PERMANENT GANG INJUNCTION 1 DOWN BELOW GANGSTERS. a criminal street gang sued as an unincorporated association, TOWERS IDE GANG, a criminal street gang sued as an unincorporated association, and DOES I through 00, inclusive, Defendants. Hearing Date: Hearing Judge: Time: Place: February 1, Ellen Chaitin :00 am. Dept. 1 Date Action Filed: August, I 0 Trial Date: nla Attached Exhibit: A Plaintiff PEOPLE OF THE STATE OF CALIFORNIA's Request for Default Judgment in the fonn of a Permanent Gang Injunction in the above-entitled action came on regularly for hearing at :00 a.m. on February 1,, in Department 1 of this Court, the Honorable Judge Ellen Chaitin, presiding. Plaintiff PEOPLE OF THE STATE OF CALlFORt"lIA ("PLAINTIFF" or the Order Granting Oef Judgment/Penn Inj. PEOPLE v. DBC, et ai., NO. 0- n \codenfdi \,,\000)3 doc

2 "CITY"), was represented by their attorney, DENNIS J. HERRERA, City Attorney, appearing through MICHAEL S. WEISS and YVONNE R. MERE, Deputy City Attorneys. Defendants 3 DOWN BELOW GANGSTERS ("DBG") and TOWERSIDE criminal street gangs ("Defendants") did not appear. Having read and considered the moving papers, all papers filed in this action, and all evidence presented, and having heard argument of counsel, and good cause appearing therefor, IT IS ORDERED, ADJUDGED AND DECREED that Plaintiffs Request for Default Judgment in the fonn ofa Penn anent Gang Injunction is GRANTED. THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE that a public nuisance exists in the area referred to by Plaintiff as the "Safety Zone," an "L" shaped area bordered I I by Schwerin Avenue to the East, Visitacion Avenue to the North, Hahn Street to the Northern fenced border of the Sunnydale Housing Development (separating the Sunnydale Housing Development from Herz Playground and Gleneagles International Golf Course), the Western border 1 of the Sunnydale Housing Development to the West, South along the perimeter of the Sunnydale 1 Housing Development which becomes Velasco Avenue at Carrizal Street to the South. A map of 1 the Proposed Safety Zone is included below. 1 1 Order Granting Oef Judgment/Penn Inj. PEOPLE v. DBG, et a\., NO. 0- n '..codenf'.li \0 11\000 doc

3 As to Defendant DOWN BELOW GANGSTERS (DBG) criminal street gang, Default Judgemnt in the form of a Permanent Gang Injunction is GRANTED. This Court finds by clear and 3 convincing evidence the following against Defendant DBG criminal street gang: Defendant DBG was properly and adequately noticed, properly served with the Summons and Complaint, and adequately provided with an opportunity to be heard Defendant DBG is a criminal street gang as defined by Penal Code Section 1. and People v. Englebrecht (0 I) CaLAppA th 1, 1; Defendant DBG, through its members, has created a substantial and unreasonable public nuisance in the City and County of San Francisco, within a geographic area referred to as the "Safety Zone." Defendant DBG failed to answer or otherwise respond to the Summons and Complaint; Defendant DBG's default was properly entered on December 1, ; Defendant DBG criminal street gang was properly enjoined by a preliminary gang abatement injunction issued by this Court on September 30, I 0; Defendant DBG criminal street gang may properly be permanently enjoined. Defendant DBG's members include each of the persons listed on the "List For 1 Service And Enforcement Of Permanent Gang Injunction," attached hereto as Exhibit A (hereinafter "Enforcement List"); As to Defendant TOWERS IDE GANG criminal street gang, Default Judgment in the form of a Permanent Gang Injunction is GRANTED. This Court finds by clear and convincing evidence the following against Defendant TOWERS IDE criminal street gang: Defendant TOWERS IDE was properly and adequately noticed, properly served with the Summons and Complaint, and adequately provided with an opportunity to be heard; Defendant TOWERSIDE is a criminal street gang as defined by Penal Code Section 1. and People v. Englebrecht (0 I) CaLAppA th 1, 1; 3 Order Granting Oef Judgment/Penn Inj. PEOPLE v. DBG, et ai., NO. 0-

4 Defendant TOWERS IDE, through its members, has created a substantial and unreasonable public nuisance in the City and County of San Francisco, within a 3 geographic area referred to as the "Safety Zone." Defendant TOWERS IDE failed to answer or otherwise respond to the Summons and Complaint; Defendant TOWERS IDE's default was properly entered on December 1,; Defendant TOWERS IDE criminal street gang was properly enjoined by a preliminary gang abatement injunction issued by this Court on September 30, I 0; Defendant TOWERS IDE criminal street gang may properly be permanently enjoined. Defendant TOWERS IDE's members include each of the 1 persons listed on the "List For Service And Enforcement Of Permanent Gang Injunction," attached hereto as Exhibit A (hereinafter "Enforcement List") 1 GOOD CAUSE HAVING BEEN SHOWN, IT IS ORDERED, ADJUDGED AND 1 DECREED that Defendants DBG and TOWERS IDE criminal street gangs, and the members of 1 Defendants DBG and TOWERS IDE criminal street gangs, as designated on the Enforcement List, 1 are enjoined and restrained from engaging in or performing directly or indirectly, any of the 1 following activities in the Safety Zone: I. INTIMIDATION: Confronting, intimidating, annoying, harassing, threatening, challenging, provoking, assaulting, or battering any person;. GUNS OR DANGEROUS WEAPONS: Anywhere in public view or place accessible to the public, (I) possessing any gun, firearm, ammunition, or illegal weapon as defined in Penal Code Section 1, () knowingly remaining in the presence of anyone who is in possession of such gun, firearm, ammunition or illegal weapon, or (3) knowingly remaining in the presence of such gun, firearm, ammunition, or illegal weapon; Order Granting Oef Judgment/Perm Inj. PEOPLE v. DBG, et ai., NO. 0- n \codenfqiloio\os \000 doc

5 3. GRAFFITI or GRAFFITI TOOLS: Damaging, defacing, or marking any public or private property of another, or possessing spray paint cans, felt tip marker, or other graffiti tools as defined in Penal Code Section.;. DRUGS AND CONTROLLED SUBSTANCES: (I) Selling, possessing, manufacturing or using any controlled substance or related paraphernalia, as defined in Health and Safety Code Section 1, including, but not limited to, rolling papers, smoking pipes of any kind, crack vials, and syringes, () knowingly remaining in the presence of anyone selling, possessing, or using any controlled substance or related paraphernalia, (3) knowingly remaining in the presence of any controlled substance or such related paraphernalia, () driving under the influence of any controlled substance, or () being under the influence of drugs in public;. TRESPASSING. Being present on any private property, as well as any San Francisco Housing Authority property or Mercy Housing property, unless you are an authorized lessee thereof. If you are not an authorized lessee, and you are not otherwise prohibited from being on the property, I) you must at all times be in the physical presence of the ov.ner or authorized lessee; or ) you must be in possession of written consent by the owner or authorized lessee, to visit the owner's or authorized lessee's specific unit, on a specific date and time.. GANG SIGNS & SYMBOLS. Displaying gang signs and symbols, including all of the following: Dov.'U Below Gangsters, Down Below Gang, DBG, 3 (referring to the letters 0, B, and G on a telephone key pad), Dov.'U the Hill, Down Below, The/ThaiDa Low, Lo/w, Low Boys, LB, Sunnydale, SO, Nolia (referring to Magnolia, a New Orleans public housing development), N.O. (referring to Nolia), Sunnydale ndl, (referring to a parking lot at the Sunnydale Housing Development), 0 Block (referring to the 0 block of Sunnydale Avenue), 0 Block (referring to the 0 block of Sunnydale Avenue), 0 Block (referring to the 0 block of Sunny dale Avenue), 0 Order Granting Def ludgmentiperm Inj. PEOPLE v. DBG, et ai., NO. 0- n \codenfdi IO\OgI,Z\OO0} doc

6 Block (referring to the 0 block of Sunnydale Avenue), Spunk Squad, YGs, Young Guns/z, Young, Young Gunslz, YYGs, Borderline, BL, Borderline Posse, Borderline Players, BLP, (referring to the letters B, L, and P on a telephone key pad), Border Low, Swampy 0, The Swamp, Geneva Towers, Towerside, Towers, Tower Block, TB, T, T-Side, 33, 33rd, The/a 3s, 3, 10 Block (referring to 10 Block of Sunny dale Avenue), Brick Home Posse, BHP, Brick Homes, The Bricks, and Bricks... ASSOCIATION. Standing, sitting, walking, driving, talking, or gathering anywhere in the public view with any known member of either DBG or TOWERSIDE Criminal Street Gangs, except: I) when all individuals are inside a school in class or on school business; and ) when all individuals are inside a church. This prohibition against associating with other gang members applies to all travel to or from school or church, and to any congregating before school or church or after school or church. This prohibition does not prohibit gang members from working or obtaining social services (or traveling to/from) within the Safety Zone, as long as the gang members avoid associating with each other in the public view while they are working or obtaining social services (or traveling to/from). Public view is anywhere visible to the public.. LOITERING. Loitering in a public place in a manner and under circumstances manifesting the purpose and with the intent to commit an offense specified in Chapter of the Health and Safety Code, commencing with Section I 0, as defined by and in accordance with Health and Safety Code Sections 10 and (b );. VIOLATION OF OTHER LAWS. Violating any federal, state or local law that (I) prohibits violence and threatened violence including murder, rape, robbery by force or fear, assault and battery, () prohibits interference with the property rights of others including trespass, theft, driving or taking a vehicle without the ovmer's consent, and vandalism, or (3) prohibits the commission of Order Granting Oef Judgment/Penn Inj. PEOPLE v. DBG, et ai., NO. 0- n \cooenf\,li)oio\0'.oos0 doc

7 acts which create a nuisance including the illegal sale of controlled substances, loitering with the intent to commit a narcotics-related offense, using, consuming, 3 or possessing alcoholic beverages in an unlawful manner, and blocking the sidewalk; IT IS FURTHER ORDERED that each gang member shall be subject to the provisions of this Penn anent Injunction when that individual has been personally served with this Pennanent Injunction. IT IS FURTHER ORDERED that the Pennanent Injunction is subject to rnoditication by any party to the action upon noticed motion, while the Enforcement List is subject to modification by any party to the action or by any person named on the Enforcement List who has I I been served with the Pennanent Injunction. Any person or party seeking to modify the Enforcement List, including motions brought by named gang members to be removed from the Enforcement List or motions brought by the People to add additional persons to the Enforcement 1 List, must make a properly noticed motion in accordance with California Code of Civil Procedure, 1 the Rules of Court and applicable local rules. If a gang member seeks to be removed from the 1 Enforcement List, he may contact the City Attorney's Office and partake in their administrative 1 process, followed by a motion to the Court, or he may file a motion directly to the Court, serving 1 Plaintiff through the City Attorney's Office. If the People seek to add persons to the Enforcement List, they shall serve the motion on each individual it seeks to add, and send copies to any other person who, at the time of the tiling, is I) a party to the action; and ) has made an appearance in the case. It shall not be a defense to any civil or criminal contempt charge, or civil or criminal charge of any nature whatsoever, that the moving party is eligible to apply for relief under this '-, provision. Order Granting Oef Judgment/Perm Inj. PEOPLE v. DBG, et ai., NO. 0- n \codl'nf\li)oioiosi\00s0 doc

8 IT IS FURTHER ORDERED that the People shall not be required to post an undertaking pursuant to Code of Civil Procedure Section (b)(3), Plaintiff waived costs, Each 3 party shall bear its own costs in this action, DATED: ELLEN CHAlTIN HON. ELLEN CHAITIN JUDGE OF THE SUPERIOR COURT Order Granting Def Judgment/Penn Inj, PEOPLE v, DBG, et ai., NO, 0- n \codenf,lil0 I 0\01,\000 doc

9 EXHIBIT A I I ,. I..., , I......, LIST OF DBG AND TOWERS IDE GANG MEMBERS TO BE ENJOINED I NAME GANG MONIKER Beard, Sean DBG I!Oough" Beasley, Alfonzo Towerside "B" Boston, Lashavill i Towerside ' "Snigs" BrowTI,Emon DBG "Flav/e n Byes, Christopher DBG "C&H" Byes, Deshawn DBG "Posso" Calloway, Allen i DBG I "Nutso" Crawford, Tantre DBG "Trail Mix" Dixon, Howard Towerside "Howie T" Dogan, Deon Towerside l'uno" Durant, Anthony i DBG I "Ant" Floyd, Edgar Towerside "Arrow" Floyd, Vincent Towerside "VC" Gaines, Marcus Towerside "Young Monz!l Glaspie, Frederick ' Towerside 1 "Ace" Glass, Stephen DBG "Stevie Mac" I Green, Alsedee DBG "Jizz Mac" Jackson, Floyd DBG "Freak" Johnson, Ennis Towerside i "Kiss" Johnson, Kalaan Towerside "KK" I Jones, Jason DBG "Jumbo" Jordan, Jordan DBG "J.O." Justin, Ceabe Towerside I "CB" Ledbetter, Llewellyn DBG Lefiti, Samoa DBG "Kilo". McCroey, Cedric Towerside "CD" McCroey, Corey. Towerside "C Baby" Mitchell, J:(eyin DBG "Duke I! Mitchell, Kim DBG "KI" Pellette, Wallace DBG "GatorISwally" Price, Alex I DBG i "Pee Wee" Punzal, Michael Towerside 1 "Snacks" i Reed, Deantray DBG "TrayiOee". Rodgers, Raymond DBG "Boo Gotti" Rose, Manuel DBG I!Fresh" Smith, Joseph DBG I "Stubb/z" I Ware, Orlando Towerside I "Anthony" Washington, George DBG "G-Thang" Wilson, Joc DBG "Joc'l Woodson, Aliton. DBG "Tiggz" Young, Diondre Towerside i "0-Nicel Jack" ~, Proposed Order Granting Oef Jud/Penn Inj. PEOPLE v. DBG, et ai., NO. 0~ n '<;odenni::;o,0\000. doc