SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO THE PEOPLE OF THE STATE OF CALIFORNIA, Marvin Deshawn Cage, Tobias Antonio Dunn, vs. Plaintiff Defendant COURT CASE NO FVI1203340 I N F O R M A T I O N Arraignment Date: 03/06/2013 Department: V3 DA CASE NO 2012-00-0063091 I N F O R M A T I O N SUMMARY Ct. No. 1 Charge PC187(a Charge Range Check Code Defendant Marvin Deshawn Cage Special Allegation PC12022.53(d/(e(1 PC186.22(b(1(C PC1170.12(a-(d PC1170.12(a-(d PC667(a(1 PC667.5(b Alleg. Effect Tobias Antonio Dunn PC12022.53(d/(e(1 PC186.22(b(1(C PC1170.12(a-(d PC667(a(1 PC667.5(b PC12022.53(d/(e(1 PC186.22(b(1(C Life 2 PC664/PC187(a Life Marvin Deshawn Cage PC12022.53(d/(e(1 PC12022.53(c/(e(1 PC186.22(b(1(C/5 PC1170.12(a-(d PC1170.12(a-(d PC667(a(1 PC667.5(b Tobias Antonio Dunn Page 1 PC12022.53(c/(e(1
PC12022.53(d/(e(1 PC186.22(b(1(C/5 PC1170.12(a-(d PC667(a(1 PC667.5(b MSP Chk PC12022.53(d/(e(1 PC12022.53(c/(e(1 PC186.22(b(1(C/5 3 PC186.22(a 16-2-3 Marvin Deshawn Cage Tobias Antonio Dunn PC1170.12(a-(d PC667(a(1 PC667.5(b PC1170.12(a-(d PC667(a(1 PC667.5(b PC1170.12(a-(d The District Attorney of the County of San Bernardino, by this Information alleges that: COUNT 1 On or about November 27, 2012, in the above named judicial district, the crime of MURDER, in violation of PENAL CODE SECTION 187(a, a felony, was committed by Marvin Deshawn Cage, Tobias Antonio Dunn and, who did unlawfully, and with malice aforethought murder Tamara Rishaun Payton, a human being. "NOTICE: The above offense is a serious felony within the meaning of Penal Code section 1192.7(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 2
It is further alleged as to count(s 1, 2 that a principal personally and intentionally discharged a firearm, a handgun, which proximately caused great bodily injury and death to Tamara Rishaun Payton within the meaning of Penal Code sections 12022.53(d and (e(1. It is further alleged as to count(s 1, 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(s 1, 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 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." ***** COUNT 2 On or about November 27, 2012, in the above named judicial district, the crime of ATTEMPTED WILLFUL, DELIBERATE, AND PREMEDITATED MURDER, in violation of PENAL CODE SECTION 664/187(a, a felony, was committed by Marvin Deshawn Cage, Tobias Antonio Dunn and, who did unlawfully and with malice aforethought attempt to murder Deshon Maurice Douglas, a human being. It is further alleged that the aforesaid attempted murder was committed willfully, deliberately and with premeditation within the meaning of Penal Code section 664(a and is a serious felony pursuant to Penal Code section 1192.7(c. Page 3
It is further alleged as to count(s 1, 2 that a principal personally and intentionally discharged a firearm, a handgun, which proximately caused great bodily injury and death to Tamara Rishaun Payton within the meaning of Penal Code sections 12022.53(d and (e(1. It is further alleged as to count(s 1, 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(s 1, 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 pursuant to Penal Code section 186.22(b(1(C/5 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." ***** COUNT 3 On or about November 27, 2012, in the above named judicial district, the crime of STREET TERRORISM, in violation of PENAL CODE SECTION 186.22(a, a felony, was committed by Marvin Deshawn Cage, Tobias Antonio Dunn and, who did unlawfully and actively participate in a criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and did promote, further or assist in felony criminal conduct by gang members. ***** Page 4
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 Marvin Deshawn Cage, has suffered the following prior conviction of a serious or violent felony or juvenile adjudication: MA02571801 PC245(a(2 05/24/2004 Los Angeles CA Superior KA085864 PC459 02/10/2009 Los Angeles 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 Marvin Deshawn Cage, has suffered the following prior conviction(s of a serious felony: MA02571801 PC245(a(2 05/24/2004 Los Angeles CA Superior KA085864 PC459 02/10/2009 Los Angeles CA Superior It is further alleged as to count(s 1, 2, 3 pursuant to Penal Code section 667.5(b that the defendant(s Marvin Deshawn Cage, has suffered the following prior conviction(s: MA013420 PC273.5 03/04/1997 Los Angeles CA Superior MA017664 HS11351.5 07/14/1999 Los Angeles CA Superior MA02571801 PC245(a(2 05/24/2004 Los Angeles CA Superior KA085864 PC459 02/10/2009 Los Angeles CA Superior and that a term was served as described in Penal Code section 667.5 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. Page 5
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 Tobias Antonio Dunn, has suffered the following prior conviction of a serious or violent felony or juvenile adjudication: TA06932201 PC211 04/15/2003 Los Angeles 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 Tobias Antonio Dunn, has suffered the following prior conviction(s of a serious felony: TA06932201 PC211 04/15/2003 Los Angeles CA Superior It is further alleged as to count(s 1, 2, 3 pursuant to Penal Code section 667.5(b that the defendant(s Tobias Antonio Dunn, has suffered the following prior conviction(s: TA06932201 PC211 04/15/2003 Los Angeles CA Superior and that a term was served as described in Penal Code section 667.5 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. Page 6
* * * * * 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." THIS INFORMATION CONSISTS OF 3 COUNT(S. MICHAEL A. RAMOS DISTRICT ATTORNEY County of San Bernardino State of California By: Donna Kauffman Donna Kauffman Deputy District Attorney Filed in Superior Court, County of San Bernardino Dated: Page 7