FOR THE CENTRAL DISTRICT OF CALIFORNIA

Transcription

1 1 ALEJANDRO N. MAYORKAS United States Attorney 2 GEORGE S. CARDONA Assistant United States Attorney Chief, Criminal Division DANIEL LEVIN (SBN 2) LUIS LI (SBN 15601) Assistant United States Attorneys 5 00 United States Courthouse North Spring Street 6 Los Angeles, California 00 Telephone: (2) Attorneys for Plaintiff UNITED STATES OF AMERICA SIlWART It HARRIS 1\UC' ~ 1 RECEIVED UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, No. CR - (A)-ARM j Plaintiff, GOVERNMENT'S NOTICE OF INTENT TO SEEK THE DEATH PENALTY v. AGAINST DEFENDANT CHARLES WOODY CHARLES WOODY, aka CHACHO, Defendant. NOTICE OF INTENT TO SEEK THE DEATH PENALTY The United States of America, pursuant to 1 U.S.C. 5(a), notifies the Court and defendant CHARLES WOODY, aka CHACHO, that the Government believes the circumstances of the offenses charged in Counts Five and Twelve of the First Superseding Indictment are such that, in the event of a conviction, a sentence of death is justified under Chapter 22 (Sections 51 through 5) of Title 1 of the United States Code, and that the Government will seek the sentence of death for " the following offenses: the murder of Victor Murillo in aid of acketeering and through the use of a firearm, in violation of -7 a II -.le 1, United States Code, Sections 15 (a) (1) [Count Five]

2 1 and 2(c), (j) [Count Twelve], each of which carries a possible 2 5 sentence of death. The Government proposes to prove the following factors as justifying a sentence of death as to these Counts. A. Statutory Proportionality Factors Enumerated under 1 6 U.S.C. 51(a) (2) (A)-(D) Intentional Killing. The defendant intentionally killed Victor Murillo. Section 51 (a) (2) (A) 2. Intentional Infliction of Serious Bodily Injury. The defendant intentionally inflicted serious bodily injury that resulted in the death of Victor Murillo. Section 51(a) (2) (B).. Intentional Acts to Take Life or Use Lethal Force. The defendant intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one 1 1 of the participants in the offense, and Victor Murillo died as a direct result of the act. Section 51 (a) (2) (C).. Intentionally Engaging in Act of Violence Knowingly Creating Grave Risk of Death The defendant intentionally and specifically engaged in an act of 21 violence, knowing tr.at the act c~eated a grave risk of death to a 22 person, other than one of the participants in the offense, such 2 that participation in the act constituted a reckless disregard 2 for human life, and Victor Murillo died as a direct result of the " 25 act. Section 51(a) (2) (D). " - "7 2

3 1 B. Statutory Aggravating Factors Enumerated under 1 U.S.C. 52(c) The following statutory aggravating factors apply to each of Counts 5 and : 1. Grave Risk of Death to Additional Persons. The defendant in the commission of the murder of Victor Murillo knowingly created a grave risk of death to one or more persons in addition to Victor Murillo. Section 52 (c) (5). 2. Substantial Planning and Premeditation. The defendant committed the offense after substantial planning and premeditation to cause the death of Victor Murillo. Section 52 (c) (). C. Other, Non-Statutory, Aggravating Factors Identified under 1 U.S.C. 5(a) (2). 1. Future Dangerousness of the Defendant. The defendant is likely to commit criminal acts of violence in the future which would be a continuing and serious threat to 1 society. The defendant has committed, attempted to commit, and 1 threatened to commit other acts of violence, and acts reflecting future dangerousness, including the capital and non-capital 21 offense charged in t~e First Superseding Indictment and aggravating factors alleged in this notice, and also including but not limited to, the following: (1) Over an extended period of time, defendant conspired to murder Mariano Martinez, aka Chuy as'alleged in Count 6 of the First Superseding Indictment.

4 ( 1 (2) On or about February 27,, defendant was 2 responsible for the murder of Caesar Valdenegro, aka Puppet. () On or about September 1,, defendant was responsible for the murder of Joel Antonio Diaz, aka Tony. 5 () On or about January 25, 1, defendant was responsible 6 for the murder of Paul A. Perez, aka Paulie. 7 DATE: August 2, 1 Respectfully submitted, ALEJ.ANDRO N. MAYORKAS United States Attorney GEORGE S. CARDONA Assistant United States Attorney Chief, Criminal Division /J- 'JL~'. - ~LEVIN Assistant United States Attorney Attorneys for Plaintiff United States of America ,

5 + 1 CERTIFICATE OF SERVICE BY MAIL 2 I, JEAN ROBERTS, declare: That I am a citizen of the United States and resident or employed in Los Angeles County, California; that my business address is 5 Office of United States Attorney, United States Courthouse, 6 North Spring Street, Los Angeles, California 00; that I am over 7 the age of eighteen years, and am not a party to the above-entitled action; That I am employed by the United States Attorney for the Central District of California who is a member of the Bar of the United States District Court for the Central District of California, at whose direction the service by mail described in this Certificate was made; that on August 2, 1, I deposited in the United States mails in the United States Courthouse at North Spring Street,.5 Los Angeles, California, in the above- entitled action, in a I envelope bearing the requisite postage, a copy: GOVERNMENT'S NOTICE OF INTENT TO SEEK THE DEATH PENALTY AGAINST 1 DEFENDANT CHARLES WOODY 1 addressed: SEE ATTACHED LIST 21 at his/her/their known address, at which place there is a 22 delivery service by United States mail. 2 This Certificate is executed on August 2, 1, at Los 2 Angeles, California I certify under penalthof perju,~y,that_the true and correct. ~ K j':je ~ ~c.-t~ ROBERTS foregoing, is

6 UNITED STATES v. JESSE DETEVIS, et al., CR --AHM fu!thony Alexander 500 Wilshire Blvd. Suite 2750 Los Angeles, CA 006 (2) -0 fax: (2) -157 Attorney for Jesse Detevis John Barton 500 Campus Drive NeWport Beach, CA 60- () 222- Fax: ( ) - 2 Attorney for Carlos Aguilar William S. Harris 150 E. Colorado Blvd. Suite 2 Pasadena, CA 15. (6) fax: ( 6) At torney for Charles ;'1ooQ."y Marcia Brewer 00 Corporate Pointe Suite 0 Culver City, CA 020 () fax: () Attorney for Arturo Campos Gerald M. Cobb 6 Ventura Blvd. Suite 05 Encino, CA 6 (1) 0-7 fax: (1) 7-0 Attorney for Guadalupe Juarez William Dougherty 52 Serrano Avenue Villa Park, CA 67 (7) 7- Attorney for Eddie Joe Annett Ivan Klein 601 W. Fifth Street th Floor Los Angeles, CA 0071 () -1 ' fax: (2) -571 Attorney for Elvis Poncedeleon Jay L. Lichtman 5 South Figueroa Street Suite 22 Los Angeles, CA 0071 (2) - fax: (2) 62-0 Attorney for Ricardo Estrada Judith Rochlin 01 National Blvd. Suite 605 Los Angeles, CA 006 () 7- fax: () 6-5 Attorney for Alex Manon Errol H. Starnbler 0 Wilshire Blvd. S'..:i te 50 LS k~geles, CA 002 () :ax: () 7(l-6 Attorney for Michael Vasquez Michael V. White Fourth Street 7hird Floor Sa~ta Monica, CA 001 :) Attorney for Charles Woody

7 Elsa Leyva 00 Wilshire Blvd. Suite 2 Los Angeles, CA 00 (2) -77 Fax: (2) - Attorney for Veronica Rodriguez Mort Boren 5 South Broadway Suite 600 Los Angeles, CA 00 (2) Fax: ( 2 ) Attorney for Margaret Farrell,