SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO FONTANA DISTRICT. Defendant COUNT 1

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1 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO FONTANA DISTRICT THE PEOPLE OF THE STATE OF CALIFORNIA, vs. Edward Morales, Richard Alexander Gonzalez, Alma Rosa Quezada, Victor Morales Plaintiff Defendant COURT CASE NO. FVA FIRST AMENDED FELONY COMPLAINT DA CASE NO The undersigned is informed and believes that: COUNT 1 On or about July 26, 2013, in the above named judicial district, the crime of MURDER, in violation of PENAL CODE SECTION 187(a, a felony, was committed by Edward Morales and Richard Alexander Gonzalez, who did unlawfully, and with malice aforethought murder Alejandro Padilla, a human being. "NOTICE: The above offense is a serious felony within the meaning of Penal Code section (c and a violent felony within the meaning of Penal Code section 667.5(c." "NOTICE: Conviction of this offense will require you to provide specimens and samples pursuant to Penal Code section 296. Willful refusal to provide the specimens and samples is a crime." Page 1

2 COUNT 2 On or about July 26, 2013, in the above named judicial district, the crime of SECOND DEGREE ROBBERY, in violation of PENAL CODE SECTION 211, a felony, was committed by Edward Morales and Richard Alexander Gonzalez, who did unlawfully, and by means of force and fear take personal property from the person, possession, and immediate presence of Alejandro Padilla. "NOTICE: The above offense is a serious felony within the meaning of Penal Code section (c and a violent felony within the meaning of Penal Code section 667.5(c." It is further alleged pursuant to Penal Code 12022(d as to count(s 2, 3, 4 that a principal was armed with a firearm during the commission of the above offense and that defendant(s Edward Morales, not personally armed, knew that a principal was personally armed with a firearm. It is further alleged as to count(s 2, 3, 4 that in the commission and attempted commission of the above offense a principal in said offense was armed with a firearm(s, to wit, Handgun, said arming not being an element of the above offense, within the meaning of Penal Code section 12022(a(1. It is further alleged as to count(s 2, 3, 4 that in the commission and attempted commission of the above offense, the said defendant(s Richard Alexander Gonzalez, personally used a deadly and dangerous weapon(s, to wit, Ball Bat, said use not being an element of the above offense, within the meaning of Penal Code Section 12022(b(1 and causing the above offense to be a serious felony within the meaning of Penal Code section (c(23. Page 2

3 It is further alleged as to count(s 2, 3, 4 that in the commission and attempted commission of the above offense, the said defendant(s Richard Alexander Gonzalez, personally used a deadly and dangerous weapon(s, to wit, Other, said use not being an element of the above offense, within the meaning of Penal Code Section 12022(b(1 and causing the above offense to be a serious felony within the meaning of Penal Code section (c(23. It is further alleged as to count(s 2, 3, 4 that said defendant(s Richard Alexander Gonzalez personally used a firearm, a handgun, within the meaning of Penal Code Section (b also causing the above offense to become a serious felony pursuant to Penal Code section (c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. COUNT 3 On or about July 26, 2013, in the above named judicial district, the crime of CARJACKING, in violation of PENAL CODE SECTION 215(a, a felony, was committed by Edward Morales and Richard Alexander Gonzalez, who did unlawfully take a motor vehicle in the possession of Alejandro Padilla from his or her person and immediate presence and from the person and immediate presence of a passenger of said motor vehicle, against the will and with the intent to permanently and temporarily deprive the person in possession of the motor vehicle of the possession and accomplished by means of force and fear. "NOTICE: The above offense is a serious felony within the meaning of Penal Code section (c and a violent felony within the meaning of Penal Code section 667.5(c." Page 3

4 "NOTICE: Conviction of this offense will require you to provide specimens and samples pursuant to Penal Code section 296. Willful refusal to provide the specimens and samples is a crime." It is further alleged pursuant to Penal Code 12022(d as to count(s 2, 3, 4 that a principal was armed with a firearm during the commission of the above offense and that defendant(s Edward Morales, not personally armed, knew that a principal was personally armed with a firearm. It is further alleged as to count(s 2, 3, 4 that in the commission and attempted commission of the above offense a principal in said offense was armed with a firearm(s, to wit, Handgun, said arming not being an element of the above offense, within the meaning of Penal Code section 12022(a(1. It is further alleged as to count(s 2, 3, 4 that in the commission and attempted commission of the above offense, the said defendant(s Richard Alexander Gonzalez, personally used a deadly and dangerous weapon(s, to wit, Ball Bat, said use not being an element of the above offense, within the meaning of Penal Code Section 12022(b(1 and causing the above offense to be a serious felony within the meaning of Penal Code section (c(23. It is further alleged as to count(s 2, 3, 4 that in the commission and attempted commission of the above offense, the said defendant(s Richard Alexander Gonzalez, personally used a deadly and dangerous weapon(s, to wit, Other, said use not being an element of the above offense, within the meaning of Penal Code Section 12022(b(1 and causing the above offense to be a serious felony within the meaning of Penal Code section (c(23. It is further alleged as to count(s 2, 3, 4 that said defendant(s Richard Alexander Gonzalez personally used a firearm, a handgun, within the meaning of Penal Code Section Page 4

5 (b also causing the above offense to become a serious felony pursuant to Penal Code section (c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. COUNT 4 On or about July 26, 2013, in the above named judicial district, the crime of KIDNAPPING TO COMMIT ANOTHER CRIME, in violation of PENAL CODE SECTION 209(b(1, a felony, was committed by Edward Morales and Richard Alexander Gonzalez, who did unlawfully kidnap and carry away Alejandro Padilla to commit robbery. "NOTICE: The above offense is a serious felony within the meaning of Penal Code section (c and a violent felony within the meaning of Penal Code section 667.5(c." It is further alleged pursuant to Penal Code 12022(d as to count(s 2, 3, 4 that a principal was armed with a firearm during the commission of the above offense and that defendant(s Edward Morales, not personally armed, knew that a principal was personally armed with a firearm. It is further alleged as to count(s 2, 3, 4 that in the commission and attempted commission of the above offense a principal in said offense was armed with a firearm(s, to wit, Handgun, said arming not being an element of the above offense, within the meaning of Penal Code section 12022(a(1. Page 5

6 It is further alleged as to count(s 2, 3, 4 that in the commission and attempted commission of the above offense, the said defendant(s Richard Alexander Gonzalez, personally used a deadly and dangerous weapon(s, to wit, Ball Bat, said use not being an element of the above offense, within the meaning of Penal Code Section 12022(b(1 and causing the above offense to be a serious felony within the meaning of Penal Code section (c(23. It is further alleged as to count(s 2, 3, 4 that in the commission and attempted commission of the above offense, the said defendant(s Richard Alexander Gonzalez, personally used a deadly and dangerous weapon(s, to wit, Other, said use not being an element of the above offense, within the meaning of Penal Code Section 12022(b(1 and causing the above offense to be a serious felony within the meaning of Penal Code section (c(23. It is further alleged as to count(s 2, 3, 4 that said defendant(s Richard Alexander Gonzalez personally used a firearm, a handgun, within the meaning of Penal Code Section (b also causing the above offense to become a serious felony pursuant to Penal Code section (c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. COUNT 5 On or about July 26, 2013, in the above named judicial district, the crime of ARSON OF PROPERTY OF ANOTHER, in violation of PENAL CODE SECTION 451(d, a felony, was committed by Edward Morales and Richard Alexander Gonzalez, who did willfully, unlawfully, and maliciously set fire to and burn and cause to be burned the property of another, to wit, Alejandro Padilla, located at Rialto, CA. Page 6

7 "NOTICE: The above offense is a serious felony within the meaning of Penal Code section (c and a violent felony within the meaning of Penal Code section 667.5(c." COUNT 6 On or about July 26, 2013, in the above named judicial district, the crime of ACCESSORY AFTER THE FACT-(KNOWLEDGE OF CRIME, in violation of PENAL CODE SECTION 32, a felony, was committed by Alma Rosa Quezada, who unlawfully, having knowledge that the crime of Murder, a felony, in violation of Section 187 of the PC Code of the State of California had been committed by Edward Anthony Morales and Richard Gonzalez, did harbor, conceal, and aid said Edward Anthony Morales and Richard Gonzalez, with the intent that he/she might avoid and escape from arrest, trial, conviction, and punishment for said felony. COUNT 7 On or about July 26, 2013, in the above named judicial district, the crime of ACCESSORY AFTER THE FACT-(KNOWLEDGE OF CRIME, in violation of PENAL CODE SECTION 32, a felony, was committed by Victor Morales, who unlawfully, having knowledge that the crime of Murder, a felony, in violation of Section 187 of the PC Code of the State of California had been committed by Edward Anthony Morales and Richard Gonzalez, did harbor, conceal, and aid said Edward Anthony Morales and Richard Gonzalez, with the intent that he/she might avoid and escape from arrest, trial, conviction, and punishment for said felony. COUNT 8 On or about April 1, 2013, in the above named judicial district, the crime of SECOND DEGREE ROBBERY, in violation of PENAL CODE SECTION 211, a felony, was committed by Richard Alexander Gonzalez, who did unlawfully, and by means of force and fear take personal property from the person, possession, and immediate presence of Roberto Angel. Page 7

8 "NOTICE: The above offense is a serious felony within the meaning of Penal Code section (c and a violent felony within the meaning of Penal Code section 667.5(c." COUNT 9 On or about April 12, 2013, in the above named judicial district, the crime of SECOND DEGREE ROBBERY, in violation of PENAL CODE SECTION 211, a felony, was committed by Victor Morales, who did unlawfully, and by means of force and fear take personal property from the person, possession, and immediate presence of Roberto Angel. "NOTICE: The above offense is a serious felony within the meaning of Penal Code section (c and a violent felony within the meaning of Penal Code section 667.5(c." It is further alleged as to count(s 9, pursuant to subdivision (d(1 of Section 707 of the Welfare and Institutions code, that the Victor Morales was a minor who was at least 16 years of age the time of the commission of the above offense(s. It is further alleged pursuant to Penal Code sections (a through (d and 667(b through (i as to count(s 2, 3, 4, 5, 8 that said defendant(s Richard Alexander Gonzalez, has suffered the following prior conviction of a serious or violent felony or juvenile adjudication: Court Case Code/Statute Conv Date County State Court Type FVA PC422 03/13/2013 San Bernardino CA Superior Page 8

9 It is further alleged as to count(s 2, 3, 4, 5, 8 pursuant to Penal Code section 667.5(b that the defendant(s Richard Alexander Gonzalez, has suffered the following prior conviction(s: Court Case Code/Statute Conv Date County State Court Type FVA PC422 03/13/2013 San Bernardino CA Superior and that a term was served as described in Penal Code section for said offense(s, and that the defendant(s did not remain free of prison custody for, and did commit an offense resulting in a felony conviction during, a period of five years subsequent to the conclusion of said term. * * * * * NOTICE TO DEFENDANT AND DEFENDANT S ATTORNEY Pursuant to Penal Code Sections (b, the People are hereby informally requesting that defense counsel provide discovery to the People as required by Penal Code Section NOTICE TO ATTORNEY The materials accompanying this notice may include information about witnesses. If so, these materials are disclosed to you pursuant to Penal Code section which provides: "No attorney may disclose or permit to be disclosed to a defendant the address or telephone number of a victim or witness whose name is disclosed to the attorney pursuant to subdivision (a of Section unless specifically permitted to do so by the court after a hearing and a showing of good cause." I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT AND THAT THIS COMPLAINT CONSISTS OF 9 COUNT(S. Page 9

10 Executed at Fontana, California, on August 8, K. Kim K. Kim DECLARANT AND COMPLAINANT Agency: Fontana Police Department Prelim Est. 00:00 Defendant Edward Morales Richard Alexander Gonzalez Alma Rosa Quezada Victor Morales Birth Date 11/30/ /29/ /30/ /02/1995 Booking No CII No. A A A A NCIC Page 10

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO FONTANA DISTRICT. Defendant COUNT 1

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO FONTANA DISTRICT THE PEOPLE OF THE STATE OF CALIFORNIA, Alfredo Anguiano, Manuel Farias, Ricardo Hernandez, Luis Antonio Garcia vs. Plaintiff Defendant