Cuyahoga County Court of Common Pleas Criminal Court Division

Transcription

1 Criminal Court Division Martell Taylor Jonte Ervin State of Ohio, VS. Plaintiff Martez M. Powell Deonte D. Driskell, For Participating In A Criminal Gang - F (A) 18 Additional Count(s) Dates of Offense (on or about) The Term Of Case Number 01/01/2013 to 01/13/2015 January of CR The State of Ohio, Cuyahoga County } SS. Count One Participating In A Criminal Gang - F (A) Martell Taylor, Jonte Ervin, Martez M. Powell Date of Offense On or about January 1, 2013 to January 13, 2015 The Jurors of the Grand Jury of the State of Ohio, within and for the body of the County aforesaid, on their oaths, IN THE NAME AND BY THE AUTHORITY OF THE STATE OF OHIO, do find and present, that the above named Defendant(s), on or about the date of the offense set forth above, in the County of Cuyahoga, unlawfully did actively participate in a criminal gang, with knowledge that the criminal gang engages in or had engaged in a pattern of criminal gang activity, and did purposely promote, further, or assist any criminal conduct, as defined in division (C) of section of the Revised Code, or did purposely commit or engage in any act that constituted criminal conduct, as defined in division (C) of section of the Revised Code, to wit: Attempted Murder, in violation of R.C / (B); Felonious Assault, in violation of R.C (A)(2) and R.C (A)(2); Shooting into a Habitation, in violation of (A)(1); Carrying a Concealed Weapon, in violation of R.C (A)(1) and (A)(3); Receiving Stolen Property, in violation of ; Improperly Handling Firearms in a Motor Vehicle, in violation of R.C (B); Having Weapons Under Disability, in violation of R.C (A)(2); Breaking and Entering, in violation of R.C (B); Failure to Comply, in violation of R.C (B). Page 1 of 20

2 Introduction 1. The Criminal Gang, JPark, also known as MBS (Money Business Stuntin ), H-Block, Harvard-side Hitters, PSO (Park Shit Only), and Parkboys operated in Cuyahoga County from approximately January 1, 2009 through January 14, The epicenter of the Criminal Gang s territory is Garwon Park attached to Jamison Elementary School at 136 th Street and Harvard Avenue, in the city of Cleveland, Cuyahoga County. 3. This Criminal Gang and the Persons Associated with the Criminal Gang were joined in purpose over a period of time, although their various roles were different, in order to accomplish the main purposes of the Criminal Gang. These activities occurred with the knowledge and/or support of and/or were aided and abetted by each of the persons associated with the Criminal Gang. 4. The Criminal Gang in this matter, consisting of a group of individuals whose common purpose was to execute the scheme on behalf of the Criminal Gang, consisted of, but is not limited to, the following: Jermaine Eggleton, Jamal Mall Lewis, Ramel Sharkie Lee, Ky tric Shropshire, Treyvonte Trey or Dolla Harris, Kendrick Gucci 2x Hurt, Damon Dame Presley, Ramone Gooch Taylor, Martell Marty Taylor, Martez Tez Powell, Jonte Tae Ervin, Malcolm Malc or Major Edwards, Leroy Roy Draper, Travis Tray-O Haynes, Michael Murda Mike Taylor, Michael Fatz Noble, Demetrius Hotdog Keith, Derrick Young Derrick Prince, Christopher Prince, David Austin Jr., Isaiah Zeke McQueen, Julian Parkboy Ju Shaw Jr., James Dowdell, S.L. DOB: 06/16/1998, J.S. DOB: 08/23/1997, T.W. 03/27/ Members of JPARK have engaged in numerous acts of violence against members of rival gangs such as Cutthroat, based out of 105 and St. Claire, in Cleveland, FirstBlock, based out 131st in Garfield Heights and ATMJackboys based out of Maple Heights and the southern Page 2 of 20

3 portion of the CPD Fourth District; including but not limited to, the homicide of ATMJackboy Arterio D young. Identified JPARK member Demetrius Hotdog Keith is currently being prosecuted for the homicide (CR A). 6. Members of the Criminal Gang participated in missions, which consisted of violations of various state laws, including Robbery and Felonious Assault, in order to generate income for the gang and protect their territory and reputation. 7. Members of the Criminal Gang possess gang paraphernalia including, but not limited to, clothing with the following JPark language: MBS, Harvard, Parkboys, JPark, RIP Dan, Harvard World, Money Business Stuntin, and Jurassic Park. 8. A non-member wearing gang paraphernalia would be false flagging and result in either serious physical harm or possibly death. 9. JPark members mark their territory and pay tribute to deceased members of the gang through graffiti, including RIP DAN and OG Dan, which is a reference to Daniel McQueen, a deceased gang member, who was murdered on 1/13/2012. Other examples include JPark, MBS and Loyalty, which can be seen near the gang s epicenter, as described above, which is designed to designate their territory. 10. Some JPark members also have tattoos that are a tribute to the Criminal Gang. These tattoos include but are not limited to: JPark, MBS, RIP Dan, HVD 139, Harvard, 8- Block, and 9-Block. 11. JPark members commonly use hand signs to identify themselves as members of the JPark Criminal Gang. Conduct of the Criminal Gang 1. Members of the Criminal Gang and their associates committed acts involving Attempted Murder, Aggravated Robbery, Felonious Assault, Shooting into a Habitation, and Discharge of a Firearm on or Near Prohibited Premises in connection with maintaining the authority, standing, and reputation of the Criminal Gang Members and their associates. 2. Members of the Criminal Gang and their associates committed acts involving Attempted Murder, Aggravated Robbery, Felonious Assault, Shooting into a Habitation, and Discharge Page 3 of 20

4 of a Firearm on or Near Prohibited Premises in connection with maintaining the territory of the Criminal Gang Members and their associates. Predicate Acts Committed by the Criminal Gang The required predicate acts constituting the pattern of criminal gang activity as defined in Sections and as required by include criminal violations of the Ohio Revised Code. The following members of the Criminal Gang have already been convicted or adjudicated of predicate acts attributed to the JPark Criminal Gang: Jermaine Eggleton: CR A; DL Jamal Mall Lewis: CR A; CR A; CR A; CR A; CR A; DL ; DL Ramel Sharkie Lee: CR A; CR A; DL ; DL Ky tric Shropshire: DL ; DL ; DL Treyvonte Trey or Dolla Harris: CR A; DL ; DL Kendrick Gucci 2x Hurt: DL ; DL Damon Dame Presley: DL Ramone Gooch Taylor: CR A; DL ; DL Martell Marty Taylor: DL ; DL Jonte Tae Ervin: DL ; DL Travis Tray-O Haynes: DL ; DL ; DL ; DL ; DL Michael Murda Mike Taylor: DL Derrick Young Derrick Prince: CR A; CR B Page 4 of 20

5 Christopher Prince: CR A Isaiah Zeke McQueen: CR A J.S. DOB: 08/23/1997: DL The following members of the Criminal Gang have pending predicate acts attributed to the JPark Criminal Gang and are incorporated as if re-written herein: Martez Tez Powell: DL S.L. DOB: 06/16/1998: DL Furthermore, the State hereby puts on notice that the additional new charges listed below also constitute predicate acts, and are incorporated as if re-written herein: T.W. 03/27/1999: DL (ALL FELONY COUNTS); DL (ALL FELONY COUNTS) Martell Marty Taylor: CR (ALL FELONY COUNTS); Jonte Tae Ervin: CR (ALL FELONY COUNTS) Martez Tez Powell: CR (ALL FELONY COUNTS) the defendant(s) is/are the owner(s) and/or possessor(s) of cell phone - Ervin which is contraband and/or property derived from or through the commission or facilitation of an offense, and/or is an instrumentality the offender(s) used or intended to use in the commission or facilitation of a felony offense. the defendant(s) is/are the owner(s) and/or possessor(s) of cell phone and/or sweatshirt - Taylor Page 5 of 20

6 which is contraband and/or property derived from or through the commission or facilitation of an offense, and/or is an instrumentality the offender(s) used or intended to use in the commission or facilitation of a felony offense. Count Two Attempted Murder - F / (A) Martell Taylor, Jonte Ervin, Martez M. Powell Date of Offense On or about January 12, 2015 did attempt to purposely cause the death of Malik Traylor. Criminal Gang Activity Specification (A) the offender committed the felony that is an offense of violence while participating in a criminal gang as defined in Section of the Ohio Revised Code. Firearm Specification - 1 year (A) the offender had a firearm on or about his person or under his control while committing the offense. Firearm Specification - 3 year (A) the offender had a firearm on or about his person or under his control while committing the offense and displayed the firearm, brandished the firearm, indicated that he possessed the firearm, or used it to facilitate the offense. Notice of Prior Conviction (F)(6) Martell Taylor previously was convicted of or pleaded guilty to Robbery, and Martell Taylor, with counsel, on or about 3/13/2013, in the Juvenile Court, Cuyahoga County, Ohio, DL , was convicted of Robbery, in violation of RC , of the State of Page 6 of 20

7 the defendant(s) is/are the owner(s) and/or possessor(s) of cell phone - Ervin which is contraband and/or property derived from or through the commission or facilitation of an offense, and/or is an instrumentality the offender(s) used or intended to use in the commission or facilitation of a felony offense. the defendant(s) is/are the owner(s) and/or possessor(s) of cell phone and/or sweatshirt - Taylor which is contraband and/or property derived from or through the commission or facilitation of an offense, and/or is an instrumentality the offender(s) used or intended to use in the commission or facilitation of a felony offense. Count Three Attempted Murder - F / (A) Martell Taylor, Jonte Ervin, Martez M. Powell Date of Offense On or about January 12, 2015 did attempt to purposely cause the death of Montel L. Traylor. Criminal Gang Activity Specification (A) the offender committed the felony that is an offense of violence while participating in a criminal gang as defined in Section of the Ohio Revised Code. Firearm Specification - 1 year (A) the offender had a firearm on or about his person or under his control while committing the offense. Firearm Specification - 3 year (A) the offender had a firearm on or about his person or under his control while committing the offense and displayed the firearm, brandished the firearm, indicated that he possessed the firearm, or used it to facilitate the offense. Notice of Prior Conviction (F)(6) Page 7 of 20

8 Martell Taylor previously was convicted of or pleaded guilty to Robbery, and Martell Taylor, with counsel, on or about 3/13/2013, in the Juvenile Court, Cuyahoga County, Ohio, DL , was convicted of Robbery, in violation of RC , of the State of the defendant(s) is/are the owner(s) and/or possessor(s) of cell phone - Ervin which is contraband and/or property derived from or through the commission or facilitation of an offense, and/or is an instrumentality the offender(s) used or intended to use in the commission or facilitation of a felony offense. the defendant(s) is/are the owner(s) and/or possessor(s) of cell phone and/or sweatshirt - Taylor which is contraband and/or property derived from or through the commission or facilitation of an offense, and/or is an instrumentality the offender(s) used or intended to use in the commission or facilitation of a felony offense. Count Four Improperly Discharging Into Habitation - F (A)(1) Martell Taylor, Jonte Ervin, Martez M. Powell Date of Offense On or about January 12, 2015 knowingly, without privilege, did discharge a firearm at or into an occupied structure that is a permanent or temporary habitation of Malik Traylor. Criminal Gang Activity Specification (A) the offender committed the felony that is an offense of violence while participating in a criminal gang as defined in Section of the Ohio Revised Code. Firearm Specification - 1 year (A) the offender had a firearm on or about his person or under his control while committing the offense. Page 8 of 20

9 Firearm Specification - 3 year (A) the offender had a firearm on or about his person or under his control while committing the offense and displayed the firearm, brandished the firearm, indicated that he possessed the firearm, or used it to facilitate the offense. Notice of Prior Conviction (F)(6) Martell Taylor previously was convicted of or pleaded guilty to Robbery, and Martell Taylor, with counsel, on or about 3/13/2013, in the Juvenile Court, Cuyahoga County, Ohio, DL , was convicted of Robbery, in violation of RC , of the State of the defendant(s) is/are the owner(s) and/or possessor(s) of cell phone - Ervin which is contraband and/or property derived from or through the commission or facilitation of an offense, and/or is an instrumentality the offender(s) used or intended to use in the commission or facilitation of a felony offense. the defendant(s) is/are the owner(s) and/or possessor(s) of cell phone and/or sweatshirt - Taylor which is contraband and/or property derived from or through the commission or facilitation of an offense, and/or is an instrumentality the offender(s) used or intended to use in the commission or facilitation of a felony offense. Page 9 of 20

10 Count Five Improperly Discharging Into Habitation - F (A)(1) Martell Taylor, Jonte Ervin, Martez M. Powell Date of Offense On or about January 12, 2015 knowingly, without privilege, did discharge a firearm at or into an occupied structure that is a permanent or temporary habitation of Montel L. Traylor. Criminal Gang Activity Specification (A) the offender committed the felony that is an offense of violence while participating in a criminal gang as defined in Section of the Ohio Revised Code. Firearm Specification - 1 year (A) the offender had a firearm on or about his person or under his control while committing the offense. Firearm Specification - 3 year (A) the offender had a firearm on or about his person or under his control while committing the offense and displayed the firearm, brandished the firearm, indicated that he possessed the firearm, or used it to facilitate the offense. Notice of Prior Conviction (F)(6) Martell Taylor previously was convicted of or pleaded guilty to Robbery, and Martell Taylor, with counsel, on or about 3/13/2013, in the Juvenile Court, Cuyahoga County, Ohio, DL , was convicted of Robbery, in violation of RC , of the State of the defendant(s) is/are the owner(s) and/or possessor(s) of cell phone - Ervin which is contraband and/or property derived from or through the commission or facilitation of an offense, and/or is an instrumentality the offender(s) used or intended to use in the commission or facilitation of a felony offense. Page 10 of 20

11 the defendant(s) is/are the owner(s) and/or possessor(s) of cell phone and/or sweatshirt - Taylor which is contraband and/or property derived from or through the commission or facilitation of an offense, and/or is an instrumentality the offender(s) used or intended to use in the commission or facilitation of a felony offense. Count Six Felonious Assault - F (A)(1) Martell Taylor, Jonte Ervin, Martez M. Powell Date of Offense On or about January 12, 2015 did knowingly cause serious physical harm to Malik Traylor. Criminal Gang Activity Specification (A) the offender committed the felony that is an offense of violence while participating in a criminal gang as defined in Section of the Ohio Revised Code. Firearm Specification - 1 year (A) the offender had a firearm on or about his person or under his control while committing the offense. Firearm Specification - 3 year (A) the offender had a firearm on or about his person or under his control while committing the offense and displayed the firearm, brandished the firearm, indicated that he possessed the firearm, or used it to facilitate the offense. Notice of Prior Conviction (F)(6) Martell Taylor previously was convicted of or pleaded guilty to Robbery, and Martell Taylor, with counsel, on or about 3/13/2013, in the Juvenile Court, Cuyahoga County, Ohio, DL , was Page 11 of 20

12 convicted of Robbery, in violation of RC , of the State of the defendant(s) is/are the owner(s) and/or possessor(s) of cell phone - Ervin which is contraband and/or property derived from or through the commission or facilitation of an offense, and/or is an instrumentality the offender(s) used or intended to use in the commission or facilitation of a felony offense. the defendant(s) is/are the owner(s) and/or possessor(s) of cell phone and/or sweatshirt - Taylor which is contraband and/or property derived from or through the commission or facilitation of an offense, and/or is an instrumentality the offender(s) used or intended to use in the commission or facilitation of a felony offense. Count Seven Felonious Assault - F (A)(2) Martell Taylor, Jonte Ervin, Martez M. Powell Date of Offense On or about January 12, 2015 did knowingly cause or attempt to cause physical harm to Malik Traylor by means of a deadly weapon or dangerous ordnance, to wit: handgun and/or firearm,. Criminal Gang Activity Specification (A) the offender committed the felony that is an offense of violence while participating in a criminal gang as defined in Section of the Ohio Revised Code. Firearm Specification - 1 year (A) the offender had a firearm on or about his person or under his control while committing the offense. Firearm Specification - 3 year (A) Page 12 of 20

13 the offender had a firearm on or about his person or under his control while committing the offense and displayed the firearm, brandished the firearm, indicated that he possessed the firearm, or used it to facilitate the offense. Notice of Prior Conviction (F)(6) Martell Taylor previously was convicted of or pleaded guilty to Robbery, and Martell Taylor, with counsel, on or about 3/13/2013, in the Juvenile Court, Cuyahoga County, Ohio, DL , was convicted of Robbery, in violation of RC , of the State of the defendant(s) is/are the owner(s) and/or possessor(s) of cell phone - Ervin which is contraband and/or property derived from or through the commission or facilitation of an offense, and/or is an instrumentality the offender(s) used or intended to use in the commission or facilitation of a felony offense. the defendant(s) is/are the owner(s) and/or possessor(s) of cell phone and/or sweatshirt - Taylor which is contraband and/or property derived from or through the commission or facilitation of an offense, and/or is an instrumentality the offender(s) used or intended to use in the commission or facilitation of a felony offense. Count Eight Felonious Assault - F (A)(2) Martell Taylor, Jonte Ervin, Martez M. Powell Date of Offense On or about January 12, 2015 did knowingly cause or attempt to cause physical harm to Montel L. Traylor by means of a deadly weapon or dangerous ordnance, to wit: handgun and/or firearm,. Criminal Gang Activity Specification (A) the offender committed the felony that is an offense of violence while participating in a criminal Page 13 of 20

14 gang as defined in Section of the Ohio Revised Code. Firearm Specification - 1 year (A) the offender had a firearm on or about his person or under his control while committing the offense. Firearm Specification - 3 year (A) the offender had a firearm on or about his person or under his control while committing the offense and displayed the firearm, brandished the firearm, indicated that he possessed the firearm, or used it to facilitate the offense. Notice of Prior Conviction (F)(6) Martell Taylor previously was convicted of or pleaded guilty to Robbery, and Martell Taylor, with counsel, on or about 3/13/2013, in the Juvenile Court, Cuyahoga County, Ohio, DL , was convicted of Robbery, in violation of RC , of the State of the defendant(s) is/are the owner(s) and/or possessor(s) of cell phone - Ervin which is contraband and/or property derived from or through the commission or facilitation of an offense, and/or is an instrumentality the offender(s) used or intended to use in the commission or facilitation of a felony offense. the defendant(s) is/are the owner(s) and/or possessor(s) of cell phone and/or sweatshirt - Taylor which is contraband and/or property derived from or through the commission or facilitation of an offense, and/or is an instrumentality the offender(s) used or intended to use in the commission or facilitation of a felony offense. Page 14 of 20

15 Count Nine Having Weapons Under Disability - F (A)(2) Martell Taylor Date of Offense On or about January 12, 2015 did knowingly acquire, have, carry, or use any firearm or dangerous ordnance and he has been adjudicated a delinquent child for the commission of an offense, to wit: the said Martell Taylor, with counsel, on or about the 3/13/2013, in the Juvenile Court, Cuyahoga County, Ohio, Case No. DL having been adjudicated a delinquent child of Robbery, in violation of Revised Code Section RC of the State of Ohio that, if committed by an adult, would have been a felony offense of violence. Count Ten Improperly Handling Firearms In A Motor Vehicle - F (B) Martell Taylor, Jonte Ervin, Martez M. Powell Date of Offense On or about January 12, 2015 did knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle. Count Eleven Breaking And Entering - F (B) Martell Taylor, Jonte Ervin, Martez M. Powell Date of Offense On or about January 12, 2015 did trespass, as defined in section (A)(1) of the Revised Code, on the land or premises of Malik Traylor and/or Montel L. Traylor with the purpose to commit a felony. Firearm Specification - 1 year (A) Page 15 of 20

16 the offender had a firearm on or about his person or under his control while committing the offense. Firearm Specification - 3 year (A) the offender had a firearm on or about his person or under his control while committing the offense and displayed the firearm, brandished the firearm, indicated that he possessed the firearm, or used it to facilitate the offense. Count Twelve Failure To Comply - F (B) Martell Taylor Date of Offense On or about January 13, 2015 did operate a motor vehicle so as willfully to elude or flee a police officer after receiving a visible or audible signal from a police officer to bring the person's motor vehicle to a stop. FURTHERMORE, and the operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property. Count Thirteen Tampering With Evidence - F (A)(1) Martell Taylor Date of Offense On or about January 13, 2015 did, knowing that an official proceeding or investigation was in progress, or was about to be or likely to be instituted, alter, destroy, conceal, or remove any record, document, or thing, with purpose to impair its value or availability as evidence in such proceeding or investigation. Page 16 of 20

17 Count Fourteen Failure To Comply - F (B) Martell Taylor Date of Offense On or about January 13, 2015 did operate a motor vehicle so as willfully to elude or flee a police officer after receiving a visible or audible signal from a police officer to bring the person's motor vehicle to a stop. FURTHERMORE, and the offender was fleeing immediately after the commission of a felony. Count Fifteen Having Weapons Under Disability - F (A)(2) Martell Taylor Date of Offense On or about January 13, 2015 did knowingly acquire, have, carry, or use any firearm or dangerous ordnance and he has been adjudicated a delinquent child for the commission of an offense, to wit: the said Martell Taylor, with counsel, on or about the 3/13/2013, in the Juvenile Court, Cuyahoga County, Ohio, Case No. DL having been adjudicated a delinquent child of Robbery, in violation of Revised Code Section RC of the State of Ohio that, if committed by an adult, would have been a felony offense of violence. Forfeiture of a Weapon (A) the defendant(s) is/are the owner(s) and/or possessor(s) of Colt Trooper.38 Special, serial no and/or ammunition, which is contraband and/or property derived from or through the commission or facilitation of an offense, and/or is an instrumentality the offender(s) used or intended Page 17 of 20

18 to use in the commission or facilitation of a felony offense. Count Sixteen Receiving stolen property - F (A) Martell Taylor, Deonte D. Driskell Date of Offense On or about January 13, 2015 did receive, retain, or dispose of Jeep Liberty, the property of Anthony Hannah, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the property involved was a motor vehicle. Count Seventeen Felonious Assault - F (A)(2) Martell Taylor Date of Offense On or about July 10, 2014 did knowingly cause or attempt to cause physical harm to Ashton Kelly by means of a deadly weapon or dangerous ordnance, to wit: handgun and/or firearm,. Criminal Gang Activity Specification (A) the offender committed the felony that is an offense of violence while participating in a criminal gang as defined in Section of the Ohio Revised Code. Firearm Specification - 1 year (A) the offender had a firearm on or about his person or under his control while committing the offense. Firearm Specification - 3 year (A) Page 18 of 20

19 the offender had a firearm on or about his person or under his control while committing the offense and displayed the firearm, brandished the firearm, indicated that he possessed the firearm, or used it to facilitate the offense. Notice of Prior Conviction (F)(6) Martell Taylor previously was convicted of or pleaded guilty to Robbery, and Martell Taylor, with counsel, on or about 3/13/2013, in the Juvenile Court, Cuyahoga County, Ohio, DL , was convicted of Robbery, in violation of R.C , of the State of Count Eighteen Felonious Assault - F (A)(2) Martell Taylor Date of Offense On or about July 10, 2014 did knowingly cause or attempt to cause physical harm to Julius Robinson by means of a deadly weapon or dangerous ordnance, to wit: handgun and/or firearm,. Criminal Gang Activity Specification (A) the offender committed the felony that is an offense of violence while participating in a criminal gang as defined in Section of the Ohio Revised Code. Firearm Specification - 1 year (A) the offender had a firearm on or about his person or under his control while committing the offense. Firearm Specification - 3 year (A) the offender had a firearm on or about his person or under his control while committing the offense and displayed the firearm, brandished the firearm, indicated that he possessed the firearm, or used it to facilitate the offense. Notice of Prior Conviction (F)(6) Page 19 of 20

20 Martell Taylor previously was convicted of or pleaded guilty to Robbery, and Martell Taylor, with counsel, on or about 3/13/2013, in the Juvenile Court, Cuyahoga County, Ohio, DL , was convicted of Robbery, in violation of R.C , of the State of Count Nineteen Having Weapons Under Disability - F (A)(2) Martell Taylor Date of Offense On or about July 10, 2014 did knowingly acquire, have, carry, or use any firearm or dangerous ordnance and he has been adjudicated a delinquent child for the commission of an offense, to wit: the said Martell Taylor, with counsel, on or about the 3/13/2013, in the Juvenile Court, Cuyahoga County, Ohio, Case No. DL having been adjudicated a delinquent child of Robbery, in violation of Revised Code Section of the State of Ohio that, if committed by an adult, would have been a felony offense of violence. Page 20 of 20