SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT. Defendant

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1 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT THE PEOPLE OF THE STATE OF CALIFORNIA, vs. Jessica Christina Fernandez, Paul Michael Gamboa, John Paul Madrigal Plaintiff Defendant COURT CASE NO FELONY COMPLAINT DA CASE NO The undersigned is informed and believes that: COUNT 1 On or about January 31, 2014, in the above named judicial district, the crime of KIDNAPPING, in violation of PENAL CODE SECTION 207(a, a felony, was committed by Jessica Christina Fernandez, who did unlawfully, forcibly and by instilling fear, steal, take, hold, detain or arrest Jane Doe in San Bernardino County, California, and did take the said Jane Doe into another country, state, county and another part of San Bernardino County (c and a violent felony within the meaning of Penal Code section 667.5(c." COUNT 2 On or about January 31, 2014, in the above named judicial district, the crime of SECOND DEGREE ROBBERY, in violation of PENAL CODE SECTION 211, a felony, was committed by Page 1

2 Jessica Christina Fernandez, who did unlawfully, and by means of force and fear take personal property from the person, possession, and immediate presence of Jane Doe (c and a violent felony within the meaning of Penal Code section 667.5(c." COUNT 3 On or about January 31, 2014, in the above named judicial district, the crime of CRIMINAL THREATS, in violation of PENAL CODE SECTION 422, a felony, was committed by Jessica Christina Fernandez, who did willfully and unlawfully threaten to commit a crime which would result in death and great bodily injury to Jane Doe, with the specific intent that the statement be taken as a threat. It is further alleged that the threatened crime, on its face and under the circumstances in which it was made, was so unequivocal, unconditional, immediate and specific as to convey to Jane Doe a gravity of purpose and an immediate prospect of execution. It is further alleged that the said Jane Doe was reasonably in sustained fear of his/her safety and the safety of his/her immediate family (c." COUNT 4 On or about January 31, 2014, in the above named judicial district, the crime of HUMAN TRAFFICKING TO COMMIT ANOTHER CRIME, in violation of PENAL CODE SECTION 236.1(b, a felony, was committed by Jessica Christina Fernandez, who did willfully and unlawfully deprive and/or violate the personal liberty of Jane Doe with the intent to effect and/or maintain a violation of Penal Code section 266h. Page 2

3 COUNT 5 On or about January 31, 2014, in the above named judicial district, the crime of TORTURE, in violation of PENAL CODE SECTION 206, a felony, was committed by Jessica Christina Fernandez, who did unlawfully and with the intent to cause cruel and extreme pain and suffering for the purpose of revenge, extortion, persuasion and for a sadistic purpose, inflict great bodily injury, as defined in Penal Code section , upon Jane Doe. COUNT 6 On or about January 31, 2014, in the above named judicial district, the crime of ASSAULT WITH DEADLY WEAPON, in violation of PENAL CODE SECTION 245(a(1, a felony, was committed by Jessica Christina Fernandez, who did willfully and unlawfully commit an assault upon Jane Doe with a deadly weapon, to wit, Knife (c." COUNT 7 On or about January 31, 2014, in the above named judicial district, the crime of FALSE IMPRISONMENT BY VIOLENCE, in violation of PENAL CODE SECTION 236, a felony, was committed by Jessica Christina Fernandez, who did unlawfully violate the personal liberty of Jane Doe, said violation being effected by violence, menace, fraud, and deceit. Page 3

4 COUNT 8 On or about January 31, 2014, in the above named judicial district, the crime of TORTURE, in violation of PENAL CODE SECTION 206, a felony, was committed by Paul Michael Gamboa, who did unlawfully and with the intent to cause cruel and extreme pain and suffering for the purpose of revenge, extortion, persuasion and for a sadistic purpose, inflict great bodily injury, as defined in Penal Code section , upon Jane Doe. COUNT 9 On or about January 31, 2014, in the above named judicial district, the crime of CRIMINAL THREATS, in violation of PENAL CODE SECTION 422, a felony, was committed by Paul Michael Gamboa, who did willfully and unlawfully threaten to commit a crime which would result in death and great bodily injury to Jane Doe, with the specific intent that the statement be taken as a threat. It is further alleged that the threatened crime, on its face and under the circumstances in which it was made, was so unequivocal, unconditional, immediate and specific as to convey to Jane Doe a gravity of purpose and an immediate prospect of execution. It is further alleged that the said Jane Doe was reasonably in sustained fear of his/her safety and the safety of his/her immediate family (c." COUNT 10 On or about January 31, 2014, in the above named judicial district, the crime of FALSE IMPRISONMENT BY VIOLENCE, in violation of PENAL CODE SECTION 236, a felony, was Page 4

5 committed by Paul Michael Gamboa, who did unlawfully violate the personal liberty of Jane Doe, said violation being effected by violence, menace, fraud, and deceit. COUNT 11 On or about January 31, 2014, in the above named judicial district, the crime of TORTURE, in violation of PENAL CODE SECTION 206, a felony, was committed by John Paul Madrigal, who did unlawfully and with the intent to cause cruel and extreme pain and suffering for the purpose of revenge, extortion, persuasion and for a sadistic purpose, inflict great bodily injury, as defined in Penal Code section , upon Jane Doe. COUNT 12 On or about January 31, 2014, in the above named judicial district, the crime of CRIMINAL THREATS, in violation of PENAL CODE SECTION 422, a felony, was committed by John Paul Madrigal, who did willfully and unlawfully threaten to commit a crime which would result in death and great bodily injury to Jane Doe, with the specific intent that the statement be taken as a threat. It is further alleged that the threatened crime, on its face and under the circumstances in which it was made, was so unequivocal, unconditional, immediate and specific as to convey to Jane Doe a gravity of purpose and an immediate prospect of execution. It is further alleged that the said Jane Doe was reasonably in sustained fear of his/her safety and the safety of his/her immediate family (c." COUNT 13 Page 5

6 On or about January 31, 2014, in the above named judicial district, the crime of FALSE IMPRISONMENT BY VIOLENCE, in violation of PENAL CODE SECTION 236, a felony, was committed by John Paul Madrigal, who did unlawfully violate the personal liberty of Jane Doe, said violation being effected by violence, menace, fraud, and deceit. * * * * * 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 13 COUNT(S. Executed at San Bernardino, California, on February 4, B. Mann B. Mann DECLARANT AND COMPLAINANT Agency: San Bernardino Police Department Prelim Est. 00:00 Defendant Jessica Christina Fernandez Paul Michael Gamboa Birth Date 01/16/ /25/1981 Booking No CII No. A A NCIC Page 6

7 John Paul Madrigal 03/02/ A Page 7