SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT THE PEOPLE OF THE STATE OF CALIFORNIA, vs. Eric Van Newson, Keijuan Tyrone Mayfield, James Love Jr, Albert Bernal Plaintiff Defendant COURT CASE NO. FSB1303213 SECOND AMENDED FELONY COMPLAINT DA CASE NO. 2013-00-0036254 The undersigned is informed and believes that: COUNT 1 On or about July 26, 2013, in the above named judicial district, the crime of ATTEMPTED MURDER OF A PEACE OFFICER/FIREFIGHTER/CUSTODIAL OFFICER-WILLFUL, DELIBERATE, PREMEDITATED, in violation of PENAL CODE SECTION 664/187(a, a felony, was committed by Eric Van Newson, Keijuan Tyrone Mayfield, James Love Jr and Albert Bernal, who did unlawfully attempt to murder Officer #1, who was a peace officer engaged in the performance of duty and this was known, and reasonably should have been known, by the defendant(s. It is further alleged, within the meaning of Penal Code Section 664(e and (f, that the above offense was willful, deliberate and premeditated. It is further alleged pursuant to Penal Code section 186.22(b(1(C as to count 1 that the above offense was committed for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further or assist in criminal conduct by gang members. Page 1
"NOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 186.30(a. Willful failure to register is a crime." It is further alleged that the offense charged in Count 1 is punishable in the state prison for life and cause the sentencing to be pursuant to section 186.22(b(5. It is further alleged as to count 1 that said defendant Eric Van Newson personally and intentionally discharged a firearm, a handgun, which caused great bodily injury and death to Officer #1 within the meaning of Penal Code Section 12022.53(d also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. It is further alleged as to count 1 that said defendant Eric Van Newson personally and intentionally discharged a firearm, a handgun, within the meaning of Penal Code Section 12022.53(c also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. It is further alleged as to count 1 that said defendant Eric Van Newson personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. It is further alleged as to count 1 that said defendant Keijuan Tyrone Mayfield personally and intentionally discharged a firearm, a handgun, which caused great bodily injury and death to Officer #1 within the meaning of Penal Code Section 12022.53(d also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. It is further alleged as to count 1 that said defendant Keijuan Tyrone Mayfield personally and intentionally discharged a firearm, a handgun, within the meaning of Penal Code Section 12022.53(c also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. Page 2
It is further alleged as to count 1 that said defendant Keijuan Tyrone Mayfield personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. It is further alleged as to count 1 that said defendant James Love Jr personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. It is further alleged as to count 1 that said defendant Albert Bernal personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. It is further alleged as to count 1 that a principal personally and intentionally discharged a firearm, a handgun, which proximately caused great bodily injury and death to Officer #1 within the meaning of Penal Code sections 12022.53(d and (e(1. It is further alleged as to count 1 that a principal personally and intentionally discharged a firearm, a handgun, within the meaning of Penal Code sections 12022.53(c and (e(1. It is further alleged as to count 1 that a principal personally used a firearm, a handgun, within the meaning of Penal Code sections 12022.53(b and (e(1. It is further alleged as to count(s 1, 2, pursuant to subdivision (d(2(a of section 707 of the Welfare and Institutions code, that the Albert Bernal was a minor who was at least 14 years of age at the time of the commission of the above offense(s. It is further allegedas to count(s 1, 2, pursuant to subdivision (d(2(b of section 707 the Welfare and Institutions code, that the Albert Bernal was a minor who was at least 14 years of age at the time of the commission of the above offense(s. It is further alleged as to count(s 1, 2, pursuant to subdivision (d(2(c(ii of section 707 of the Welfare and Institutions Code, that the Albert Bernal was a minor who was at least 14 years of Page 3
age at the time of the commission of the above offense(s, and that the above offense(s was/were committed for the benefit and at the direction of, and in association with a criminal street gang, and with the intent to promote, further, and assist in criminal conduct by gang members. ***** COUNT 2 On or about July 26, 2013, in the above named judicial district, the crime of ATTEMPTED MURDER OF A PEACE OFFICER/FIREFIGHTER/CUSTODIAL OFFICER-WILLFUL, DELIBERATE, PREMEDITATED, in violation of PENAL CODE SECTION 664/187(a, a felony, was committed by Eric Van Newson, Keijuan Tyrone Mayfield, James Love Jr and Albert Bernal, who did unlawfully attempt to murder Officer #2, who was a peace officer engaged in the performance of duty and this was known, and reasonably should have been known, by the defendants. It is further alleged, within the meaning of Penal Code Section 664(e and (f, that the above offense was willful, deliberate and premeditated. It is further alleged pursuant to Penal Code section 186.22(b(1(C as to count(s 1, 2 that the above offense was committed for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further or assist in criminal conduct by gang members. "NOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 186.30(a. Willful failure to register is a crime." It is further alleged that the offense charged in Count 2 is punishable in the state prison for life and cause the sentencing to be pursuant to section 186.22(b(5. It is further alleged as to count 2 that said defendant Eric Van Newson personally and intentionally discharged a firearm, a handgun, which caused great bodily injury and death to Officer #2 within the meaning of Penal Code Section 12022.53(d also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. Page 4
It is further alleged as to count 2 that said defendant Eric Van Newson personally and intentionally discharged a firearm, a handgun, within the meaning of Penal Code Section 12022.53(c also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. It is further alleged as to count 2 that said defendant Eric Van Newson personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. It is further alleged as to count 2 that said defendant Keijuan Tyrone Mayfield personally and intentionally discharged a firearm, a handgun, which caused great bodily injury and death to Officer #2 within the meaning of Penal Code Section 12022.53(d also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. It is further alleged as to count 2 that said defendant Keijuan Tyrone Mayfield personally and intentionally discharged a firearm, a handgun, within the meaning of Penal Code Section 12022.53(c also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. It is further alleged as to count 2 that said defendant Keijuan Tyrone Mayfield personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. It is further alleged as to count 2 that said defendant James Love Jr personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. It is further alleged as to count 2 that said defendant Albert Bernal personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b also causing the above Page 5
offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. It is further alleged as to count 2 that a principal personally and intentionally discharged a firearm, a handgun, which proximately caused great bodily injury and death to Officer #2 within the meaning of Penal Code sections 12022.53(d and (e(1. It is further alleged as to count 2 that a principal personally and intentionally discharged a firearm, a handgun, within the meaning of Penal Code sections 12022.53(c and (e(1. It is further alleged as to count 2 that a principal personally used a firearm, a handgun, within the meaning of Penal Code sections 12022.53(b and (e(1. It is further alleged as to count(s 1, 2, pursuant to subdivision (d(2(a of section 707 of the Welfare and Institutions code, that the Albert Bernal was a minor who was at least 14 years of age at the time of the commission of the above offense(s. It is further allegedas to count(s 1, 2, pursuant to subdivision (d(2(b of section 707 the Welfare and Institutions code, that the Albert Bernal was a minor who was at least 14 years of age at the time of the commission of the above offense(s. It is further alleged as to count(s 1, 2, pursuant to subdivision (d(2(c(ii of section 707 of the Welfare and Institutions Code, that the Albert Bernal was a minor who was at least 14 years of age at the time of the commission of the above offense(s, and that the above offense(s was/were committed for the benefit and at the direction of, and in association with a criminal street gang, and with the intent to promote, further, and assist in criminal conduct by gang members. ***** Page 6
COUNT 3 On or about July 26, 2013, in the above named judicial district, the crime of POSSESSION OF FIREARM BY A FELON - PRIOR(S, in violation of PENAL CODE SECTION 29800(a, a felony, was committed by James Love Jr, who did unlawfully own, possess, purchase, receive, and have custody and control of a firearm, to wit, Handgun, the said defendant(s having theretofore been duly and legally convicted of a felony or felonies, to wit: FSB37127 PC 245(a(1 01/10/2003 San Bernardino CA Superior FWV031823 PC 245(a(1 08/30/2004 San Bernardino CA Superior FSB901934 HS 11359 07/06/2009 San Bernardino CA Municipal It is further alleged pursuant to Penal Code section 186.22(b(1(A as to count(s 3 that the above offense was committed for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further or assist in criminal conduct by gang members. "NOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 186.30(a. Willful failure to register is a crime." ***** Page 7
COUNT 4 On or about July 26, 2013, in the above named judicial district, the crime of POSSESSION OF FIREARM BY A FELON - PRIOR(S, in violation of PENAL CODE SECTION 29800(a, a felony, was committed by Eric Van Newson, who did unlawfully own, possess, purchase, receive, and have custody and control of a firearm, to wit, Handgun, the said defendant(s having theretofore been duly and legally convicted of a felony or felonies, to wit: NA080903 PC 212.5 05/22/2009 Los Angeles CA Superior It is further alleged pursuant to Penal Code section 186.22(b(1(A as to count(s 4 that the above offense was committed for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further or assist in criminal conduct by gang members. "NOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 186.30(a. Willful failure to register is a crime." ***** It is further alleged that pursuant to Penal Code section 1170(h(3 each charged defendant is eligible for imprisonment in the state prison due to: the current charge is a serious or violent felony; defendants Eric Van Newson and James Love Jr have a prior serious or violent felony conviction; defendants have been convicted of a crime with a Penal Code section 186.11 enhancement; the crime is not punishable pursuant to Penal Code section 1170(h(3. ***** Page 8
It is further alleged pursuant to Penal Code sections 1170.12(a through (d and 667(b through (i as to count(s 1, 2, 4 that said defendant Eric Van Newson, has suffered the following prior conviction of a serious or violent felony or juvenile adjudication: NA080903 PC 212.5 05/22/2009 Los Angeles CA Superior It is further alleged as to count(s 1, 2, 4 pursuant to Penal Code section 667(a(1 that the defendant(s Eric Van Newson, has suffered the following prior conviction(s of a serious felony: NA080903 PC 212.5 05/22/2009 Los Angeles CA Superior It is further alleged pursuant to Penal Code sections 1170.12(a through (d and 667(b through (i as to count(s 1, 2, 3 that said defendant(s James Love Jr, has suffered the following prior conviction of a serious or violent felony or juvenile adjudication: FSB1204450 186.22(a 09/01/2013 San Bernardino CA Superior It is further alleged as to count(s 1, 2, 3 pursuant to Penal Code section 667(a(1 that the defendant(s James Love Jr, has suffered the following prior conviction(s of a serious felony: FSB1204450 186.22(a 09/01/2013 San Bernardino CA Superior Page 9
* * * * * NOTICE TO DEFENDANT AND DEFENDANT S ATTORNEY Pursuant to Penal Code Sections 1054.5.(b, the People are hereby informally requesting that defense counsel provide discovery to the People as required by Penal Code Section 1054.3. 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 1054.2 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 1054.1 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 4 COUNT(S. Executed at San Bernardino, California, on August 1, 2013. Ronald D. Webster Ronald D. Webster DECLARANT AND COMPLAINANT Agency: San Bernardino Police Department Prelim Est. 00:00 Defendant Eric Van Newson Keijuan Tyrone Mayfield James Love Jr Albert Bernal Birth Date 11/13/1990 09/25/1990 04/02/1984 03/01/1999 Booking No. 1307342931 CII No. A28439777 A29435641 A21268878 NCIC Page 10