The Truth Will Set Me Free
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1
GROVER TRASK
2
District Attorney
3
County of Riverside
4
4075 Main Street, First Floor
5
Riverside, California 92501
6
Telephone: (909) 955-5400
Arraign: 1130102
[F 0 0= 12
COUNTY OF RIVERSIDf
Jp.N 2 9 Z002
7 8
[0)
SUPERiOR COURT OF C!\UFORNI.t'i,
CCc@W)1 IJ,
9
SUPERIOR COURT OF CALlFOR.NIA
10 11
COUNTY OF RIVERSIDE
12
(Riverside)
1 i
14
THE PEOPLE
OF THE STATE OF CALIFORNIA,
15
NO. RIF099956
Plaintiff,
16
INFORMA
v.
TION
17 18
MONICA FLORES
AGENCY#:
1A
ROSEW1i\RY L}:
W.•.AJOR CRIMES :DIVISION
1:1
20
ER01280018IRSDE
GANGS
21
Defendants.
22 23
COUNT 1
24
The District Attorney of the County of Riverside hereby accuses MONICA FLORES
25
and ROSEMARY LYNN YBARRA of a violation of Penal Code section 215, subdivision (a), a
26
felony, in that on or about October 7, 2001, in the County of Riverside, State of California, they
27
did wilfully and unlawfully and by means of force and fear take a motor vehicle from the
28
person, possession, and immediate presence of another, to wit: JEREMIAH BUEBE, with the
29
intent to deprive such other person of possession of the motor vehicle.
30
~
I
1
i
J ~
The District Attorney of the County of Riverside further charges that the defendants,
31
MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinabove
32
set forth in count 1 of the information for the benefit of, at the direction of, and in association
33
with a criminal street gang with the specific intent to promote, further and assist in any criminal
34
conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),
35
subsection (4), subparagraph (c).
36
/II
GROVER TRASK DISTRICT ATTORNEY C()Unty
or
Riverside
State of Catifomia
1
1
COUNT 2
2
For a further and separate cause of action, being a different offense from but connected
3
in its commission with the charge set forth in count 1 hereof, the District Attorney of the
4
County of Riverside hereby accuses MONICA FLORES and ROSEMARY LYNN YBARRA
5
of a violation of Penal Code section 245, subdivision (a), subsection (1), a felony, in that on or
6
about October 7,2001, in the County of Riverside, State of California, they did wilfully and
7
unlawfully commit an assault upon JEREMIAH BUEBE, with a deadly weapon other than a
8
firearm, to wit: a TIRE IRON, and by means of force likely to produce great bodily injury.
9
. The District Attorney of the County of Riverside further charges that in the commission
10
of the offense hereinabove set forth in count 2 of the information, the said defendants,
11
MONICA FLORES and ROSEMARY LYNN YBARRA, personally inflicted great bodily
12
injury upon JEREMIAH BUEBE, not an accomplice to the above offense, within the meaning of Penai Code sections 12022.7, subdivision (a) and 1192.7, subdivision (c), subsection (8).
14 15 16
_
The District Attorney of the County of Riverside further charges that the defendants, MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinabove set forth in count 2 of the information for the benefit of, -at the direction of, and in association
17
with a criminal street gang with the specific intent to promote, further and assist in any criminal
18
conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),
19 20
subsection (4), subparagraph (c). COUNT 3
21
For a further and separate cause of action, being a different offense from but connected
22
in its commission with the charges set forth in counts 1 and 2 hereof, the District Attorney of
23
the County of Riverside hereby accuses MONICA FLORES and ROSEMARY LYNN
24
YBARRA of a violation of Penal Code section 459, a felony, in that on or about October 7,
25
2001, in the County of Riverside, State of California, they did wilfully and unlawfully enter a
26
certain building located at 16880 SLOVER AVENUE, FONTANA, with intent to commit theft
27
and a felony.
28
The District Attorney of the County of Riverside further charges that the defendants,
29
MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinabove
30
set forth in count 3 of the information for the benefit of, at the direction of, and in association
31
with a criminal street gang with the specific intent to promote, further ann. assist in any criminal
32 33 34
conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b), subsection (1). //1
35
//1
36
//1
GROVER TRASK DISTRICT ATIORNEV County of Riverside State of California
2
1
COUNT 4
2
For a further and separate cause of action, being a different offense from but connected
3
in its commission with the charges set forth in counts 1 through 3 hereof, the District Attorney
4
of the County of Riverside hereby accuses MONICA FLORES and ROSEMARY LYNN
5
YBARRA of a violation of Penal Code section 459, a felony; in that on or about October 7,
6
2001, in the County of Riverside, State of California, they did wilfully and unlawfully enter a
7
certain building located at 200 PROTOLA AVENUNE, PALM DESERT, with intent to
8
commit theft and a felony.
9 10 11
The District Attorney of the County of Riverside further charges that the defendants, MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinabove set forth in count 4 of the information for the benefit of, at the direction of, and in association
12
with a criminal street gang with the specific intent to promote, further and assist in any criminal
13
conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),
14
subsection (1).
15
COUNT 5
16
17 18
For a further and separate cause of action, being a different offense from but connected in its commission with the charges set forth in counts 1'through 4 hereof, the District Attorney ofthe County of Riverside hereby accuses MONICA FLORES and ROSEMARY LYNN
19
YBARRA of a violation of Penal Code section 459, a felony, in that on or about October 7,
20
2001, in the County of Riverside, State of California, they did wilfully and unlawfully enter a
21
certain building located at 40100 WASHINGTON AVENUE, BERMUDA DUNES with intent
22
to commit theft and a felony,
23 24 25
The District Attorney of the County of Riverside further charges that the defendants, MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinabove set forth in count 5 of the information for the benefit of, at the direction of, and in association
26
with a criminal street gang with the specific intent to promote, further and assist in any criminal
27
conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),
28
subsection (1).
29 30 31 32 33 34 35
36
JMD:psc
GROVER TR;\SK DISTRICT ATTOllNEY County of Riverside State
or Cnlifornin
3
1
GROVER TRASK
2
District Attorney
3
County of Riverside
4
4075 Main Street, First Floor
5
Riverside, California 92501
6
Telephone: (909) 955-5400
Arraign: 1130/02
JAN 2 9 2002
7 8
):f
\l5)
9
tr SUPERIOR
10 11
-.,.--_ ( )URT OF CALIFORNIA
I~'~ f!,~" n~
COUN' Y OF RIVERSIDE (Riverside)
12
!
"~'/i'·l.~:'{,tA ~ L~
. C Ei~~~
~r.L
13 14
THE PEOPLE
OF THE STATE OF C LIFORNIA,
15
NO. RIF099956
Plaintiff,
16
v.
INFORMATION
17
-
.
18
MONICAFL
AGENCY#:
19
ROSEMARY LYNN YBARRA,
MAJOR CRIMES DIVISION
20
ER01280018IRSDE
GANGS
21
Defendants.
22 23
CO
24
The District Attorney of the County of Riverside hereby accuses M. NICA FLORES
25
and ROSEMARY LYNN YBARRA of a violation of Penal Code section 215, subdivision (a), a
26
felony, in that on or about October 7, 2001 in the County of Riverside, State of California, they
27
did wilfully and unlawfully and by means of force and fear take a motor vehicle from the
28
person, possession, and immediate presence of another, to wit: JEREMIAH BUEBE, with the
29
intent to deprive such other person of possession of the motor vehicle.
30
) ,, !
GROVER OI~TRlcr County SI~lIe
The District Attorney of the County of Riverside further charges that the defendants,
31
MONICA FLORES and ROSEMARY L
32
set forth in count 1 of the information for the benefit of, at the direction of, and in association
33
with a criminal street gang with the specific intent to promote, further and assist in any criminal
34
conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),
35
subsection (4), subparagraph (c).
36
/11
TRASK
,,"TOIlNEY uf
T1
Riverside
LJ / /
I'
C
d,-'I
of Cltlifurnin
r:
JJ{L,i..-l~'
I'
i'/·
f
C
('0
J',./ ,!-~.,'.'1/// . --J ~ pf
YBARRA, committed the offense hereinabove
1
1
Ct ,'_
Ii ri-, t / 1/
2 II
3/(.>
2
1
.aUNT 2
2
For a further and separate cause of action, being a different offense from but connected
3
in its commission with the charge set forth i-i count 1 hereof, the District Attorney of the
4
County of Riverside hereby accuses MONJ('A FLORES and ROSEMARY LYNN YBARRA
5
ofa violation of Penal Code section 245, su -division (a), subsection (1), a felony, in that on or
6
about October 7, 2001, in the County of Riv erside, State of California, they did wilfully and
7
unlawfully commit an assault upon JEREMlAH BUEBE, with a deadly weapon other than a
8
firearm, to wit: a TIRE IRON, and by mean~' of force likely to produce great bodily injury.
9 10 11
The District Attorney of the County «f Riverside further charges that in the commission of the offense hereinabove set forth in count 2 of the information, the said defendants, MONICA FLORES and ROSEMARY LYNN YBARRA, personally inflicted great bodily
12
injury upon JEREMIAH BUEBE, not an accomplice to the above offense, within the meaning
13
of Penal Code sections 12022.7, subdivision (a) and 1192.7, subdivision (c), subsection (8).
14
The District Attorney of the County of Riverside further charges that the defendants,
15
MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinabove
16
set forth in count 2 of the information for the benefit of, at the direction of, and in association
17
with a criminal street gang with the specific intent to promote, further and assist in any criminal
18
conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),
19
subsection (4), subparagraph (c).
20
COUNT 3
21
For a further and separate cause of action, being a different offense from but connected
22
in its commission with the charges set forth in counts 1 and 2 hereof, the District Attorney of
23
the County of Riverside hereby accuses MONICA FLORES and ROSEMARY LYNN
24
YBARRA ofa violation of Penal Code section 459, a felony, in that on or about October 7,
25
2001, in the County of Riverside, State of California, they did wilfully and unlawfully enter a
26
certain building located at 16880 SLOVER AVENUE, Fa
27
and a felony.
28
The District Attorney of the County of Riverside further charges that the defendants,
29
MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinabove
30
set forth in count 3 of the information for the benefit of, at the direction of, and in association
31
with a criminal street gang with the specific intent to promote, further and assist in any criminal
32
conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),
33
subsection (1).
34
11/ 11/ 11/
35 36 GROVER TRASK DISTiller ""TORNEY ('OUIIIY SI:IHo
of Riverside of C:llifornifl
TANA, with intent to commit theft
2
1
COUNT 4
2 3 4 5 6 7 8
For a further and separate cause of action, being
11 12 13 14
of the County of Riverside hereby accuses MONICA FLORES and ROSEMARY LYNN YBARRA of a violation of Penal Code section 459, a felony, in that on or about October 7, 2001, in the County of Riverside, State of California, they did wilfully and unlawfully enter a certain building located at 200 PROTOLA AVENUNE, PALM DESERT, with intent to commit theft and a felony. The District Attorney of the County of Riverside further charges that the defendants, MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinabove set forth in count 4 of the information for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote, further and assist in any criminal conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b), subsection (1).
15
",aUNT 5
16 17 18 19 20 21 22
For a further and separate cause of ction, being a different offense from but connected in its commission with the charges set for: 1 in counts 1 through 4 hereof, the District Attorney of the County of Riverside hereby accuse.' MONICA FLORES and ROSEMARY LYNN YBARRA of a violation of Penal Code se ·tion 459, a felony, in that on or about October 7, 2001, in the County of Riverside, State of ~alifornia, they did wilfully and unlawfully enter a certain building located at 40100 WASHD ~GTON AVENUE, BERMUDA DUNES with intent to commit theft and a felony.
23 24 25
The District Attorney of the Count v of Riverside further charges that the defendants, MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinabove set forth in count 5 of the information for the benefit of, at the direction of, and in association
26
with a criminal street gang with the specific intent to promote, further and assist in any criminal
27
conduct by gang members, within the mer.. ing of Penal Code section 186.22, subdivision (b),
28
subsection (1).
29
GRO ER TRASK District Att~y
30 31
«>.
32
~v,
33 35 36
JMD:psc
GROVER TRASK n1STRrcr AlTORNEY County of Ili versidc Cnlifornin
./
JOHNM. AVIS Supervising Deputy District Attorney
34
Strut! of
different offense from but connected
in its commission with the charges set forth in counts 1 through 3 hereof, the District Attorney
9 10
H
3
1
GROVER
2 3
District Attorney
4
4075 Main Street, First Floor
5
Riverside,
6
Telephone:
7
State Bar No.: 132579
TRASK
County of Riverside
California
92501
JP,N 2 9 2002
(909) 955-5400
8 9 10 11
SUPERIOR
COURT OF CA1,IFORNIA
12
COUNTY OF RIVERSIDE
13
(Riverside)
.
I fl ~ t;~ ~n ~i~
.., Lid b~,;
14 15
THE
PEOPLE
OF THE
STATE
OF CALIFORNIA,
16
Plaintiff,
17
18
Case No. RIF099956 REQUESTIMOTION
v. MONICA
PROSECUTION
DISCOVERY
(Pen. Code, §§ 1054.3,
FLORES
19 20
FOR
10S4.S(a) & (b).) ROSEMARY
LYNN YBARRA
Estimated
Time:
10 mins.
21
22 23
Defendants.
24 25 26 27
TO: THE HONORABLE TO COUNSEL PLEASE
JUDGE OF THE SUPERIOR
FOR ABOVE-NAMED BE INFORMED
that the Office of the District Attorney
acting on behalf of the Plaintiff, the People of the State of California,
29
discovery/disclosure
30
pursuant
32
33 34 35 36
of the following
items from the defendants
1. The names and addresses
of Riverside
County,
hereby requests/moves
and counsels
intend to call as witnesses
of persons, other than the defendants,
for
in this case,
2. Any relevant written or recorded reports of the statement
counsels or defendants
at trial; statements
of the persons in No.1
above and/or
of such persons;
3. Any reports or statement not limited to, the results of physical
of experts made in connection or mental examinations,
A lTOnNEY
Slah: of ('lIlifurni:1
Branch, AND
to Penal Code section 1054.3(a) and (b):
CR()VEI~ THASK
Cuuury of Itivt'l"sidc
Riverside
DEFENDANTS:
28
31
I)JSTUJcr
COURT,
4
with this case, including,
scientific
tests, experiments,
but or
1
comparisons which the defendant or counsel intend to offer as evidence at the trial of this case;
2
and
3 4 5
4. Any "real", i.e., tangible or physical evidence which the defendant or counsel intends to offer in evidence at the trial. PLEASE TAKE NOTE that pursuant to the provisions of Penal Code section 1054.5(b) if
6
the above material and information requested is not provided to counsel for the plaintiff within 15
7
days of this request a court order will be sought.to promptly enforce the provisions of Penal Code
8
section 1054.3.
9
Dated: January 26, 2002
10 11
Respectfully submitted,
12 13
GROVER TRASK
14
District Atto~~
15 16 ~~~
17 18
/
JOHN /.1.DAVIS
19
,r
Supervising Deputy District Attorney
20 21
JMD:psc
22 23 24 25 26 27 28
29 30 -31 32 33 34 35 36 GROVER TRASK nrSTRICT
"rroRNF.Y
County of Riverside State
of
CalifOnlill
5
..
SUPERIOR
COURT OF CALIFORNIA
su{l!loD [b ~
COUNTY OF RIVERSIDE
[Q)
R COURT OF CA COUNTY OF ~vERs7~~RNIA
JAN
PEOPLE OF THE STATE OF CALJFORNIA,
IJ, 2002
,-C~lh
Plaintiff,
CASE NO. RIFO~ovs. MONICA FLORES, ROSEMARY LYNN YBARRA, Defendants.
REPORTER'S
TRANSC UPT
Honorable
OF PRELIMINARY
Vjlia G. Sherman, Jal'uary 16, 2002 D( oartment 62
HEARING
Judge
APPEARANCES: For the People:
OFFICE OF THE DISTRICT ATTORNEY BY: MICHAEL KERSSE, Deputy 4075 Main Street Riverside, California 92501
For Defendant
EARL CARTER & ASSOCIATES Attorneys at Law BY: HENRY J. SNOW 308 North Riverside Avenue, Rialto, California 92376
For Defendant
Reported
by:
Flores:
Ybarra:
WILLIAM BARNETT Attorney at Law 3891 Tenth Street Riverside, California
Suite 1-K
92501
SHARI L. LAYTON, C.S.R. No. 6256 Official Court Reporter Riverside County Superior Court
~),
.
:. ;
___ __
•••
oJ
•
~
Jl
f
I N D E X PEOPLE'S
WITNESSES:
JAVIER RODRIGUEZ Direct Examination by Mr. Kersse Cross-Examination by Mr. Snow Cross-Examination by Mr. Barnett RONALD GARCIA Direct Examination by Mr. Kersse Cross-Examination by Mr. Snow Cross-Examination by Mr. Barnett BRETT JOHNSON Direct Examination by Mr. Kersse Cross-Examination by Mr. Snow CrOSS-Examination by Mr. Barnett
PAGE:
2
16 17
21 34
37
42 47 48
1
WEDNESDAY,
2
BEFORE
JANUARY
16, 2002, RIVERSIDE,
THE HON. VILlA G. SHERM'\N, JUDGE, DEPT.
3
THE COURT: Ybarra
and Monica
whols
sitting
RIF099956.
William
Barnett
in the box farthest
for Rosemary
from the Court.
Henry Snow for Monica
MR. KERSSE: appearing
Good morning,
for the People.
12
THE COURT:
13
MR. SNOW:
14
THE COURT:
Okay.
15
MR. KERSSE:
No.
16
Rosemary
Ybarra,
'
Flores,
whols present
in court in custody.
10 11
Flores,
MR. SNOW:
8
9
On the record in People versus
MR. BARNETT:
6
7
62
---000---
4
5
CALIFORNIA
Your Honor.
Michael
Welre ready for prelim.
All right.
Any potential
for resolution?
Not at this time, Your Honor.
The defenrtants are charged
with life
crimes. THE COURT:
18
MR. KERSSE:
19
THE COURT:
I always ask, full of hope, however.
20
All right.
Any preprelim
21
MR. BARNETT:
22
MR. KERSSE:
23
three witnesses.
24
Deputy
25
investigating
26
witness.
27
Garcia,
I
Yes.
motions?
Exclude witnesses. Your Honor,
Deputy Rodriguez
the People are going
to have
wiJI be my first witness,
who 11m going to be asked to be designated officer,
THE COURT: remain
There usually
.i r-n t when that happens.
17
28
Kersse
outside.
my
and Deputy Johnson will be my third
All right.
And any potential
Deputy
Johnson
witnesses
is asked to
will remain
1
1
outside.
Deputy
Garcia wilL be appointed
2
And you may call Jour
3
MR. KERSSE:
4
People call Deputy Rodriguez.
5
THE CLERK:
you shall give in this matt~r
7
truth,
9
THE CLERK: Please
11
so help you God?
I do. Than~ you.
Please be seated.
state your full name, spelling
THE WITNESS: namels
Rodriguez,
THE COURT:
15
MR. KERSSE:
First namels Javier,
first and
J-a-v-i-e-r,
last
Go ahead, Mr. Kersse.
16
Thank you, Your Honor. JAVIER RODRIGUEZ,
17
called
18
first duly sworn, was examined
as a witness
by and on behalf of the People,
19
and testified
having been
as follows:
DIRECT EXAMINATION BY MR. KERSSE:
21
Q
Good morning,
22
A
Good morning.
23
Q
Deputy,
24
A
11m a deputy
25
Q
And by whom are you employed?
26
A
By the Riverside
27
Q
And how long have you been a deputy
28
your
R-o-d-r-i-g-u-e-z.
14
20
the whole
last name for the record.
12 13
state that the evidence
shall be the truth,
but the truth,
THE WITNESS:
10
first witness.
You do solemnly
8
officer.
Thank you, Your Honor.
6
and nothing
investigating
Riverside
deputy.
what's your occupation?
Sheriff's
sheriff.
County Sheriff's
Department. sheriff with
Office?
2
1
A
For the last t.h r e.e years.
2
Q
Did you attend t hr- academy before
3
a police
officer?
4
A
Yes, I did.
5
Q
And at the academy
6
the investigation
7
by POST? A
Yes, I did.
9
Q
Were you working
on Sunday,
did you take and pass a course
and testifying
8
10
becoming
October
at preliminary
in your capacity
hearings
as a deputy
A
Yes, I was.
12
Q
And at that time on that day did you respond
Queen
in Rubidoux,
Mission
A
Yes, I did.
15
Q
And when you resp0nded
name of Jeremiah,
sheriff
to Donut
Boulevard?
14
16
given.
the 7th, 2001?
11
13
did you contact
common spelling,
a person
last name Buebe,
by the
B-u-e-b-e?
17
A
Yes.
18
Q
And tell us what you saw when you arrived
at that
When I arrived
down.
19
20
in
location. A
there,
I
saw a man sitting
He
21
had, like, a white shirt on top of his head, and I saw, like, a
22
lot of blood on top of his head.
23
Q
And that was Mr. Jeremiah
24
A
Yes.
25
Q
"Buebe"?
26
A
Yes, I think so.
27
Q
"Buebe."
28
A
"Buebe."
He identifi_d
Buebe?
himself
as Jeremiah
Buebe.
I'm not sure.
There you go.
French.
3
Q
1
2
Preferable
And were you able to at that time determine
A
At that point
I saw a big gash on the top of his
6
head.
7
which
8
treat him, because
9
coming
from the top of his head.
10
injury
as far as internal
11
Q
Were you with the victim
12
A
Yes.
As soon as I got there, is paramedics,
Q
15
to determine
16
A
17
head, which
18
Q
at that point
I just saw a lot of blood I didn't know what kind of
he might have been having.
followed
later on at the hospital? along with the ambulance
And when he was treated at the hospital, the extent of his injuries
Yeah.
to
I think required
were you able
at that point?
At that p()int he had a laceration
on top of his
-- I think it was seven stitches.
And were there any other injuries
A
He complained
pain to his head.
22
from when
23
from.
26
for AMR,
to come on scene so they could hurry up and
I actually
21
25
radioed
to his body apart
from the gash to his head?
20
24
I immediately
the hospital.
14
19
the extent
of his injuries?
5
13
I was giving
it.
3 4
to the other pronunciation
Q
of, like, headache.
He had numerous
-- and then he kind of told me where he got those
those injuries
How did he tell you
were received?
At first he was like -- because
27
what other
28
hands.
of
marks on his -- on his arms
Let's go to that aspect now.
A
He complained
injuries
do you have, I noticed
when I was asking him he had marks on his
And that's when he looked down, and he was like, I must
4
1
have gotten
those from when, you know, the people
2
me were like
3
Q
So the victim
4
A
Yes.
5
Q
Did he tell you how that attack happened?
6
A
Yes.
his words were like throwing
--
punches
He said he drove on a street, which he didn't
know the name at the time, and he was approached
8
he was sitting
10
Q
at him.
told you he was attacked?
7
9
that attacked
by a man while
in the car.
Okay.
I
think it's going to be easier
if we go back
and do it chronologically.
11
A
Okay.
12
Q
Did he tell you why he was over in the Rubidoux
13 14
In the first place? Yeah.
A
15
herself
16
contacted
17
people
18 19
Q
He had met a female who originally
on the phone as Maria. through what's
introduced
-- they were
called like a party line.
call this phone number Okay.
He contacted
Mainly
and people meet through
there.
So he told you he met a female by the name of
Maria on a party phone line?
20
A
Right.
21
Q
And when he met her on that party phone
22
area
line, what did
he tell you transpired?
23
A
24
herself
25
my real name, which is Monica."
26
to meet up on a certain
27
Q
28
October
After
a few conversations,
as Maria told him,
the girl who identified
"You know what,
start calling
And at that point
me by
they decided
date.
And with respect
to the early hours of Sunday morning,
7th, when was that meeting
with this person
now known as
5
1
Monica
2
A
3
around
to take place? They were supposed 12:00 or 1 o'clock
to meet sometime
Q
And what time was it you contacted
5
A
I contacted
7
8 9
either
in the morning.
4
6
that night,
him?
him, I want to say, 2:18, 2:17 in the
morning. Q
Okay.
Now, did he tell you what happened
when he met
Monica? A
When he met Monica,
he showed up at the house,
10
was in the unincorporated
area of Highgrove.
11
street,
on Transit,
is almost
12
towards
the end of the block,
13
female.
which
which
He met her on a
-- the house
is almost
and she was accompanied
by another
14
Q
NOw, how did he get to the location
15
A
He was given directions
16
Q
What I meant by that, did he catch the bus, was he
17
by Monica.
walking?
18
A
Oh, he took his Honda Accord.
19
Q
Okay.
20
A
Right.
21
Q
He was driving
22
A
Right.
23
Q
And after he met Monica
24
on Transit?
a 2000 Honda Accord?
Registered
you what her friend's
under his name. and her friend,
did he tell
name was?
25
A
26
told or not.
27
Q
Did he give you a description
28
A
Yes.
He didn't know
-
-
he couldn't
remember
He only knew how to describe
if her name was
what she looked
like.
of what she looked
like?
6
1
Q
What was the description?
2
A
I think he said she was about 5'11".
3
He said she was
very big, and he used the word she was about 300 pounds.
4
Q
And was he able to give you a description
5
A
Yes, he
he described
actually,
7
shoulder-length
8
that stood out was that fact that he said she had a piercing
9
underneath
11 12
Q
hair, being,
what happened
at the address
A
having
I think he said black.
And the one
her lip. NOW,
females
females, Monica
-- both of them,
6
10
as being Hispanic
her as being
of Monica?
after he met these two Hispanic
on Transit?
When he met them, he said that Monica
had asked him if
13
he would mind if her friend would come with them, because
14
didn't
15
she didn't
16
17 18 19 20 21
feel comfortable
Q
being with him because
she
of the fact that
really know him. And did the three of them then leave th~t location
on
Transit? A
Yes.
Monica
had asked the victim,
Jeremiah,
if they
could drive the friend back home to Rubidoux. Q
And did Jeremiah
first location
tell you where they went from that
where the second location
22
A
Actually,
he was in my police
23
Q
Okay.
24
A
And we actually
took, and we drove from the Highgrove
26
exiting
27
Q
28
he described
Okay.
car.
took the trip that he believed
25
on Rubidoux
was?
he
area to the Rubidoux
area,
Boulevard.
And the second location,
can you describe
what
to you as it was?
7
A
1
In the beginning
he had described
to me that he didn't
2
remember
where the street was, but he remembered
3
a large field that was there on the street.
4
down there, we were going southbound
5
then he said, you know, make a right here, make a right here.
6
And that street was, I want to say, 34th Street.
7
Q
Okay.
8
A
And then we went westbound
9
10
So when we drove
on Rubidoux
on 34th.
report.
It's either
Q
Pioneer?
12
A
Pioneer.
It's in my
Pontiac or --
He said,
"That's the field.
there on the corner of Pioneer and 34th there's
14
field.
15
Q
And is that where he stopped
16
A
That's where he said,
17
left."
"I
19
right there on Pioneer,
20
stopped
originally
21
females
and --
And right
II
a big, vacant
the car?
think this is where
So that's where he said he believed
18
and
And right when we
13
I made a
he made a left,
and that's where he believed
the vehicle
when both friends were in the car, or the two
And where was the female Monica
22
Q
Okay.
23
A
I believe
seated?
he said Monica was in the front and the
friend was in the back. Q
25
Okay.
26
Street by Pioneer
27
him?
28
Boulevard,
got to, I think it was -- I forgot the street name.
11
24
that there was
A
Yeah.
Now, when they stopped at this area on 34th and Pontiac,
did he tell you what happened
to
At that point he said the friend never got out
8
1 2 3
of the car and Q
When we're talking
about the large Hispanic
about the friend, we're
talking
female?
4
A
Right,
5
Q
Okay.
6
A
Didn't get out of the car, and I think they began to
7
smoke cigarettes
right.
or something.
8
Q
Okay.
9
A
And at that point he said he was approached
10
Hispanic
male by the driver's
by a
side door, which was ln the front.
11
Q
So he was seated on the driver's
12
A
Right.
13
Q
Was he able to tell you if the window was down, if the
14
door was open?
15
A
I
16
Q
And he was approached
17
A
Yes.
18
Q
What happened
19 20
think he said that the window was down.
A
Said he was
point he perceived
22
couldn't
23
only make out one word.
25
by a Hispanic
when the Hispanic
male contacted
Q
understand
the male started yelling
to be Spanish,
because
stuff,
at that
in his words he really
what the guy was ~aying.
He said he could
And what was the one word that Jeremiah
said he could
make out?
26
A
He said the only word he actually
27
Q
Okay.
28
male?
Jeremiah?
21
24
side?
other Hispanic
And was this Hispanic
heard was "holmes."
male alone or were there
males with him?
9
1 2
A
He said at the time that's the only Hispanic
he saw, and he attempted
to start the car and leave.
3
Q
Okay.
4
A
He said that he was grabbed
5
Was Jeremiah
able to start the car and leave?
Q
Okay.
7
A
And he said that within
8
view mirror,
9
people Q
10
A
seconds he looked
and he just saw, I believe
running Okay.
it was, four or five
of that
male?
He gave me a general
he said as far as making
14
wasn't
15
said he would.
description
a composite
of him.
At the time
of the person,
he probably
able to, but if he was ever to see that guy again,
16
Q
So just give me the general
17
A
Hispanic
18
multicolored,
19
Q males
in his rear
Was he able to give you a description
13
male.
descript~on
I think he was wearing
I think, like a Pendleton
Okay.
he
he gave you. a beanie,
shirt.
What about the other four or five Hispanic
that he saw in his rear view mirror?
21
A
22
really
He said at that time his mental thinking
frame, he wasn't
like that.
23
Q
Was he able to tell you what their ethnicity
24
A
Yes.
25
Q
Was he able to give you any description
26
the male
after his -- towards his car.
first Hispanic
12
20
by that suspect,
suspect.
6
11
male that
He knew they were Hispanic
was?
males. ln terms of if
they had any hair?
27
A
I don't remember.
28
Q
You don't remember?
10
1
Q
All the males?
2
A
Right.
3
Q
And was he able to tell you what he was being
A
He said at the time it just felt like fists; he was
4 5
with?
6
just being hit by fists.
7
remembered
8
was In the right hand.
9
Q
Right.
11
him to that location
13 14 15 16
17 18
a tire iron, and I think it
males were hitting
did he tell you what the two females who had taken were doing?
He said the one thing that stood out was the fact that
none of them looked, Q
like, alarmed.
When you say "none of them," I want you to be more
specific. A
Referring
to Monica?
lid probably
have to look at my report, because
not sure if he said Monica Q
Or both.
Okay.
19
MR. BARNETT:
20
THE COURT:
21
holding
NOw, while these Hispanic
on Jeremiah,
A
But the one thing that stood out, he
seeing one person
10
12
struck
Q
or both. You think
Move to strike. Overruled.
(By Mr. Kersse) who had accompanied
Let me ask you.
females
23
he say about them in terms of what was going on when this
24
beating
28
to that location,
what did
was happening?
A
He said -MR. SNOW:
26 27
Jeremiah
In terms of the
22
25
11m
Objection,
vague.
Nothingls
apparently
going on. THE COURT:
Sustained.
12
Q
1
2
Earlier you said that Jeremiah
A
That the females were in the car and they didnrt make
an attempt
to leave.
5
Q
Did they make any attempt
6
A
No.
7
to stop what was happening?
He said that none of them screamed,
none of them
said anything.
8
Q
Now, what happened
9
A
At that point he said he was scared
10
he started
to Jeremiah? for his life, so
to run.
11
Q
Okay.
12
A
So he began to run away, which he believed
13
Mission
14
Q
And what happened
15
A
When he started running
16
was towards
Boulevard.
men that were hitting
when he was running away? away, he could hear all those
him chasing him.
17
Q
And did they strike him when they were chasing
18
A
He said as soon as he started
19
tremendous
20
ground,
21
iron.
22 23 24
and that's where he believed
Q
running
him?
he felt this
pain on his head, and thatrs when he fell to the he was hit with a tire
And after he fell to the ground,
what happened
to
Jeremiah? A
He said as soon as he fell to the ground,
25
said he believed
26
stood up and he said,
27
just going
28
said
that the one thing that stood out to him was what?
3 4
(By Mr. Kersse)
Q
I think he
he was being hit again, but at that point he
to run."
"Well, you know, I'm in the army, so I'm So he ran.
And is that when he ran to the doughnut
shop?
13
1
A
2
passerby
3
the blood
4
Right.
who saw this man holding
Q
Okay.
he was running
6
to the ground?
8 9
10 11
A
No.
shop.
And there was a
the shirt to his head with all
coming out and he decided
5
7
He went to the doughnut
to call 911.
Did he tell you why that beating
stopped
away and he was struck with a tire iron and went
At that point
guess he just knew that they
I
stole his car. Q Jeremiah, A
Okay.
Once you had received
did you then do a follow-up Yes.
all this information
After he was done with his medical
13
me to Highgrove
14
he had took, and that way he could show me the house
15
originally
17
Hospital,
treatment
Riverside
Q
Community
Okay.
first location
that he had
And was he able to show you the location, when he contacted
Yes.
19
Q
And was that address
20
A
Yes, it was.
21
Q
And did you contact
22
A
Yes.
I
knocked
lady who identified
the person
that
named Monica?
569 Transit?
somebody
at that home?
on the front door, and I was met by a
herself
as being the mother
And was that lady Cecjlia
of Monica.
24
Q
Okay.
25
A
Yes, it was.
26
Q
And she told you that Ie was the mother
27
Flores? A
accompany
gone to.
A
28
at
so we could kind of like do the same route that
18
23
asked him if he would
I
from
investigation?
12
16
after
Guiterrez?
of Monica
Right.
14
1 2
Did you ask Monica
Q
mother
A
Yes, I did.
4
Q
And what did Monica
5
A
She immediately
who lives across the street.
7
Rosemary
Flores's
mother
tell you?
And I believe
her name was
Ybarra. Rosemary
Q
8
Ybarra.
Now, while you were at that home, did you collect
9
photographs
11
of Monica Yeah.
A
12
picture
13
who the pictures
14
daughter
15
picture
As I walked
through the house,
of two young Hispanic were of.
Priscilla,
females.
I noticed
a
So I asked the mother
And she said, well,
who was at the location,
of my daughter
any
Flores?
that's my
and that's
a
Monica.
16
Q
Did you show that photograph
17
A
Yes, I did.
18
Q
And did Jeremiah
identify
to Jeremiah?
the person
he contacted
he
knew as Monica?
20
21
had a
said, yes, she does, she has a friend
6
19
if Monica
friend who was heavyset?
3
10
Flores's
A
Yes, he did.
And, actually,
before
I even did that, I
asked the mom which one was Monica.
22
Q
Okay.
23
A
So she pointed
out which one she was to me.
24
that.
That way I knew if he pointed
25
immediately
26
Q
And he pointed
27
A
Right.
28
Q
And do you see that person
out who it was.
point out, "That's the girl that I picked to the person
that was Monica
So I did And he did up." Flores?
in court here today?
15
Just from the picture,
I mean,
1
A
2
yes, that's
3
Q
Well, which one?
4
A
Yeah.
6
Q
One on the right-hand
7
A
Yeah.
8
Q
But from the photograph
5
9
I would think that,
the one in front of me. There's
two in front of you.
It's going to be the one on the right-hand
side.
that Jeremiah
side?
I've never actually
seen her before.
and from the identification
made
10
A
Right.
11
Q
-- that appears
12
A
Right.
13
MR. KERSSE:
14
THE COURT:
15
Mr. Snow.
to you to be Monica
Flores?
No further questions. Who's going first?
16
CROSS-EXAMINATION
17
BY MR. SNOW:
18
Q
Good morning,
19
A
Good morning.
20
Q
May I ask you, have you had much experience
21
in investigating
Deputy Rodriguez.
other gang-related
22
MR. KERSSE:
23
THE COURT:
24
MR. SNOW:
25
defendant's
26
there's
27
either
28
than the inference
Objection, What's
violence
occurrences?
relevance.
the relevance?
I'm trying to get to the
what the
state of mind could have been at the time.
at least an inference of the defendants,
previously
Because
that there was no help offered
and there may be another
by
reason other
that they were participating.
16
1 2
THE COURT:
Well, what would his experience
have to do with that?
3
MR. SNOW: is perhaps
Well, what I'm trying
Honor,
5
this and be shocked by it and not do anything.
6
THE COURT: shock,
Do you have any medical
11
THE COURT:
12
MR. SNOW: have witnessed
14 Q photographs
17
moment,
18
head?
19
in dealing
with
A
The objection
thought.
who
is sustained.
Since we don't have the benefit -- of the victim's
injuries
of
at the
where that injury was on the vicitm's
I think it was -- probably
21
many people
these types of activities.
can you describe
but I thought
22
All right.
to the victim
20
have to look at my report,
it was to the top left section of his head,
I
I have to look at my report just to make sure. MR. SNOW:
I have nothing
further,
Your Honor.
Thank
you.
24
THE COURT:
25
28
in
No, Your Honor.
(By Mr. Snow)
16
27
training
He may have interviewed
THE COURT:
15
26
such as
shock? THE WITNESS:
23
an incident
Well, I don't think he's an expert
10
13
to witness
as far as I know.
8 9
it's possible
to get to, Your
4
7
ln gangs
Mr. Barnett. CROSS-EXAMINATION
BY MR. BARNETT:
Q
Jeremiah
got out of his car, there was the scuffle,
he was being hit, he started to run, got knocked
down again.
Is
17
1
that right?
2
A
3
Yes.
tremendous
He got knocked down after he felt like a
hit on the back
-- on his head.
4
Q
And he got up and kept running?
5
A
He got up, yeah.
That's actually
what I asked him was
6
how can you get up after being hit like that?
7
was, you.know,
8
So that's what he did.
9 10
Q
And his thing
I'm in the army for six years,
I know how to run.
Did he look back over to his shoulder
to see what was
taking place behind him?
11
A
You know, I think he might have.
But, actually,
12
think he told me he was so scared that he just wanted
13
of there. take his car or drive
I
to get out
14
Q
Did he see anybody
15
A
No, at that point he was just running
16
Q
So he had no idea when he got down to the doughnut
for his life.
17
shop, he had no idea where his car was or whether
18
stolen
19
A
or what had taken place;
20
familiar
21
was.
22 23
Q
Well, he believed
it away?
it had been
is that right?
it was stolen, but, yeah, he wasn't
with the area, so he really didn't know where
But he had no idea whether
the car might
the car
still be in
the same spot?
24
A
Right.
25
Q
He had no idea if it was stolen or not; is that right?
26
A
Well,
27 28
I mean, as soon as I arrived
thing he told me was, Q
on scene,
the first
"My car's stolen."
That's what he thought.
But did he see anything?
18
1
A
I would say no, because
2
Q
Was he pretty
A
When I got to him, he sounded
3 4
MR. KERSSE:
6
THE WITNESS:
7
THE COURT:
8
MR. BARNETT:
10
Q
13
with you when you first got to
I believe
also get some medical
that's a medical
We didn't go through
with
--
With that 115 qualification,
-- never mind.
did you
Strike that.
He's sitting on the curb, and he had the thing around his head, and you saw some blood. A
Yes.
Did he talk to you?
He gave me what I needed to find out right away.
Because
15
my concern
16
bulletin
17
the car if it's being driven away.
18
description
of the fact that he told me my car's stolen,
out so other deputies
in the area can attempt
--
to find
So he gave me a quick
of what happened.
Q
And then you followed
20
A
Right.
21
Q
And when the emergency
him any emergency A
I needed
at that point was to hurry up and get an all points
19
23
opinion.
Sustained.
14
22
in shock.
Sorry.
(By Mr. Barnett)
11 12
away.
him?
5
9
coherent
he was running
Yes.
treatment
him to the hospital,
people
got there, did they give
at the doughnut
The paramedics
that arrived
24
know, they put him on a gurney.
25
from his head.
26
they gave him kind of immediate
I'm not exactly
27
Q
Were you standing
28
A
Yes, I was standing
right?
shop? on scene, yeah, you
They cleaned most of the blood sure what they did, but, I mean,
by? by.
19
r
1
Q
Was he able to communicate
with these people?
2
A
Yes.
3
Q
Then after you followed him to the hospital,
4
chance
5
A
Yes.
6
Q
So this is just after he'd had the stitches
A
Right,
10
Q
They gave him a little local and stitched
11
that right?
12
A
7
13
to talk to him down there, didn't you? I stayed there, yeah.
right.
I was right there when that was being
done.
Yes.
one of those,
They gave him an injection like, direct anesthesia
And how long was he in the hospital?
15
A
God, I'd say maybe he was there probably
an hour, doctor
17
wound,
19 20
Q place, A
coming and going.
It was
ones.
Q
16
him up; is
to the head.
14
18
in his
head?
8 9
you got a
Mainly
about maybe
the nurse cleaned
the
and then the doctor came in and put the staples. So after he was there about an hour and all this took did he leave and go with you? Yeah.
At that point
I asked him I said, hey, you
21
know, because
I didn't know how he was feeling,
22
if he was willing
23
to pick up the female he knew as Monica,
and I asked him
to go with me and take the same route he took
24
Q
So he rode from the hospital
25
A
Right.
26
Q
-- out to Highgrove?
27
A
Right.
28
Q
And then on out to Rubidoux?
and he said sure.
--
20
1
A
Right.
2
Q
And then around
3 4
in Rubidoux
a little bit until you
found the street? A
Right.
5
MR. BARNETT:
6
THE COURT:
7
MR. KERSSE:
8
THE COURT:
9
THE WITNESS:
I have no further questions. Anything Nothing
11
THE COURT:
12
MR. KERSSE:
13
THE CLERK:
Thank you.
You're
the witness
left the stand.)
Your next witness. People call Detective You do solemnly
you shall give in this matter
15
truth,
Ron Garcia.
state that the evidence
shall be the truth, the whole
but the truth, so help you God?
16
THE WITNESS:
17
THE CLERK:
18
Please state your full name, spelling
19
I do. Thank you.
Please be seated. your
first and
last name for the record.
20
THE WITNESS:
21
THE COURT:
Ronald Garcia,
G-a-r-c-i-a.
Go ahead.
22
RO ALD GARCII ,
23
called
24
first duly sworn, was examined
as a witness
by and on behalf of the People,
25 26
excused.
Thank you.
14
and nothing
further, Your Honor.
All right.
(Whereupon,
10
else, Mr. Kersse?
and testified
having been
as follows:
DIRECT EXAMINATION BY MR. KERSSE:
27
Q
Good morning,
28
A
Good morning.
detective.
21
1
Q
What's your occupation?
2
A
Detective
3
Q
And how long have you been
4
A
A little over 15 years.
5
Q
Detective,
6
Deputy
Rodriguez
7
investigation?
with Riverside
County Sheriff's 0
did you receive
just testified
sworn peace officer?
the investigation
A
Yes, I have.
9
Q
And in the course of that investigation
contact
with Rosemary
Ybarra
A
Yes, I did.
12
Q
And do you see that person,
13
court today? A
Yes, I do.
15
Q
Would you please
16
A
She's sitting
identify
in the jury box.
the door with glasses
18
MR. KERSSE:
19
For the record, Your Honor, identified
21 22 23
Q
and her hair pulled
c~e's furthest back, wearing
Rosemary
the detective
Now, when you contacted
you to the station
has
her, did she
for an interview?
A
Yes.
25
Q
And prior to going to the station
did you explain
blue.
Ybarra.
24
26
towards
It will so reflect.
(By Mr. Kersse)
agree to accompany
here in
Thank you.
the defendant THE COURT:
Rose ary Ybarra,
hI r?
17
20
did you make
on Octob r the 17th, 2001?
11
14
that
to to do a follow-up
8
10
Department.
for an interview,
to her that she was not under arrest?
27
A
Yes.
28
Q
And that the interview
was wholly voluntarily?
22
1
A
Yes.
2
Q
Now, prior to going to the station,
3
Ybarra
show you a location
4
Jeremiah
in Rubidoux
A
Yes.
6
Q
Okay.
7
A
The area was in Rubidoux
Pioneer
9
10
where the assault
on
Buebe took place?
5
8
did Rosemary
And where was that location?
and Pontiac
Q
between
34th, 36th Street,
Street.
And after showing you that location,
on to the Jurupa
did you then go
station?
11
A
Yes.
12
Q
And did she tell you what ~er account was of that
13
evening
of October
the 7th, 2001?
14
A
Yes.
15
Q
Can you tell us what she t.rLd you?
16
A
She said that Monica had met an individual
17
party
18
individual
19
Sunday morning
20
the phone
chat linei during
21
at Monica's She wanted
22
she asked Monica
23
Rialto.
24
individual,
25
one of Monica's
26
Q
that time they had set up a meet.
had come over to the house late Saturday early.
through
The individual
the
This
night,
came as she was talking
on
house. to go to the city of Rialto.
She said that
to ask Mr. Buebe for a ride to the city of
She said that Monica
did not want to be alone with the
so they were going to Rubidoux friends
so Monica wouldn't
So did she tell you that Monica,
27
Jeremiah
28
we just discussed?
went in the car from Monica's
to pick up another be alone with Buebe. her, Rosemary,
and
home to the Rubidoux
area
23
1
A
Yes.
2
Q
And did she tell you if an assault
3
Jeremiah
happened
on
at that location? Yes.
They had dropped
4
A
5
block,
picked
6
seat.
Monica was sitting
7
stopped
on -- I don't believe
8
street,
Pontiac
9
investigation
up Monica
again.
off Monica,
drove aro
She ,·as sitting
_'
~:e
in t e rear
in the fro~t passenger's
seat.
_ ey
she wa:: real clear on whic
and Pioneer or they f!topped -- later in t e
it was Pontiac
that they stopped on.
10
Q
Okay.
11
A
And that's when later they were stopped by or a gr
12
of Hispanic
13
Q
14
happened
males approached
And Rosemary
the car.
said she had no involvement
in what
while Mr. Buebe was being assaulted?
15
A
Yes.
16
Q
And after the assault,
17
what did Rosemary
Ybarra
te
you then that she did?
18
A
19
scene.
Rosemary
Ybarra
said that she walked
away from the
20
Q
And how did she leave the area?
21
A
On foot.
22
Q
Did she tell you at that point that she got are
23
from someone
24
that location?
else or she called someb0dy
to get a ride away fro
25
A
Yes.
26
Q
So she did not at that point tell you that she got
27 28
D
into the car and went with Monica? A
That's
correct.
24 . , ,
"i
! :1 I
~
,
.
I,
,,
' !
.
1
2
ow, on October
Q
the 19th, 2C01,
A
Yes, I did.
4
Q
And do you see Monica
5
A
Yes.
6
Q
And would you point that person
7
please?
9
She's sitting
A
pulled
MR. KERSSE:
11
And, again, has identified
THE COURT:
13 14
15
Monica
Q
voluntary
out for the Court,
in blue.
for the record, Your Honor,
The record will so reflect. And did Monica
agree to go for a
at the station?
A
Yes.
17
Q
And prior to going to the station
location
19
Pontiac?
the detective
Flores.
16
18
to me, hair
Thank you.
(By Mr. Kersse) interview
Flores here in court toda ?
in the jury box closest
back, no glasses,
10
12
onica
Flores?
3
8
d i d you co __ act
did she identify
that we now know of over on 34th Street,
Pioneer
the
and
20
A
Yes.
21
Q
At the station did she tell you what her involvement
22
was in the assault
on Jeremiah?
23
A
At the station
24
Q
The first time.
25
A
The first time?
26
Q
Yeah.
27
A
Again,
28
Jeremiah
--
she initially
Buebe on a Wednesday
just reiterated through
the party
that she had line.
et
He had
25
1
come over with an individual
by the name of Danny.
2
up a meet about coming over.
She gave the phone
3
Danny
4
destroyed,
and Mr. Buebe, which was later destroyed after which
or to_d
I guess Buebe kept calling
6
Sunday morning,
7
actually
8
did not want to be with Buebe in an intimate
9
that time she pointed out Pioneer
11
of 36th Street,
12
for Buebe, because
er.
Monica
':'g:.~
and that's where the assault And during
to
said
-:~t
involvement
14
A
That's correct.
15
Q
Now, after the interview
which
is j st s
t
occurred. she de ..:'e· a:.
in the assault?
did you return Monica
F~ores
to her home on Transit?
17
A
Yes, I did.
18
Q
What happened
20
A
Detective
21
pulled
22
that
when you returned
to Monica
Flores's
home? Knudson
and myself
up in front of her residence,
"I can get in so much trouble
home.
for setting
this up."
24
did you do?
25
A
We then took her back to the Jurupa Valley
26
Q
And when you told her you were going back to the
A
she made that statement
did she make any statements
", e
and she made the state .e.. -
Q
station,
After
took Monica
23
28
s e
manner.
that first interview
13
27
early
r
out -- or prior to that she had
Street as to where they stopped,
Okay.
Q
be
and that's when they were going to R
look for girls
10
19
mber to them,
And he had him come over on late Saturday
5
16
They had set
to you, Detective,
;~.a-
sta· :.
to you at that time?
She said that she would only tell me what her
26
involvement
was regarding
setting up the assault
on Buebe.
When she said she would only tell about her
2
Q
3
involvement,
4
A
did she elaborate
upon that statement?
Well, that the setup was with the gang
est Side Riva,
5
which
is predominant
6
Right
there is known for West Side Riva gang members.
7
8
10
Did she, Monica
Q
involved
9
in that Pontiac/Pioneer/34th/36th
Flores,
She used the statement
Okay.
Q
"Iiomey ,
\I
and, I believe,
When you went back to the station,
Monica
13
A
Yes.
14
Q
And did she appear
Flores her Miranda
es,
did yo
read
rights?
to understand
and waive
those
rights?
16
A
Yes.
17
Q
And then did you discuss,
.
.
Vls-a-VlS
the assault
19
A
Yes.
20
Q
Okay.
21
t_~ gang
it was West Side Riva gang.
12
18
identify
as West Side Riva as a collective?
A
11
15
specifically
area.
once again, what ha
e __ ed
on Jeremiah?
What did she tell you about sett':" _9
__e
",': o ,e
thing up?
22
Well, she said that Buebe kept calli g ,er.
A
s:_e ,"~ •a.
23
was trying
24
him calling
her.
25
had decided
that she was going to carjack him, rob him ::or n i s
26
car.
27
come over her residence
28
~as going
to get the picture
She believed
across to him that s e di
And once he kept calling,
-- she planned,
t
she said t at s e
invited Jeremiah
that night, and she thought
to come with another
I'
Buebe to that Buebe
individual.
27
1
So prior to his arrival
she contacted
known gang
2
members
3
that she was going to be coming with this car and that she would
4
wave at them to signal them that that was Le
5
going
6
up -- she actually
got dropped
7
she walked
the corner of 34th and PConeer
8
contact
in West Side Riva that lived in that area and told them
She said that she got dropped
to take.
towards
off on Pione_r
Q
These are the individuals
10
A
Yes.
11
Q
Okay.
12
A
Now, Rosemary
told Buebe to park on Pontiac
14
asked him for a cigarette.
15
stayed
16
door and that she could actually
17
down the street,
18
wouldn1t
in the car.
ade
hear the gang members
At that time one of the individuals
22
little
exchange
23
assault
occurs
com':'9
coming up to the car.
A
described
S e
and she tried to block the view of Buebe so :e
see the individuals
21
her
She said that she stood near the driver1s
20
28
a d
She got out of the car; Rose a
Okay.
27
S e said
just south of 36th Street.
Q
26
Street.
from Wef:t Side R':'a?
19
with a shaved __ ea
by Buebe asked him for a cigarette.
During
here, he gets hit with a bottle,
this
then the
on Buebe.
Let me just stop you. Did she tell you why she wos standing
25
She ·alked
and Buebe came back, picked
13
Q
off.
with the individuals.
9
24
car that they were
side door area?
in the driver1s
Was that just to block the view of the HisDanic
ales who were coming up? A
Yes.
28
r
1
Q
Okay.
2
A
They were coming
3
Q
Okay.
4
from the rear.
When Mr. Buebe got hit on the head with a -- is
it a beer bottle,
you said?
5
A
Yes.
6
Q
What happened
7
A
She said that her homeys we~e -- _o~ B~eDe
8 9
running Q
She stated it was a b8er b ~tle. after that? 1S
now
down the street. And when you say
homeys,
11
ittle homeys.
11
II
.i s .ha c t.ne
..ord she I s
10
using?
11
A
Yes.
12
Q
Okay.
13
A
Actually,
14
Q
llLittle homeysll?
15
A
She said the little homeys ',:ereqo i r g down the street
16
after Buebe.
17
and she drove Buebels
18
19 20 21 22 23
Q
11 ••
She got in the driverls
Okay.
sea
a d called
them back,
car out of the ~_ea.
And who else was in 3 ebels car that was driven
out of the area? A
She said Rosemary.
And she j st said that there was
eight total, which six gang members Q
Okay.
and Rosemary
And did she, Monica,
once they drove from that location
24
A
25
Indio.
26
then up to Los Angeles.
and Monica.
tell you what they did
i. Jeremiahls
car?
They just drove around to -- it was Los Angeles, I want to say Bermuda
Dunes, down in the Indio area, and
27
Q
This was ov.rr a period
28
A
I think three days.
of bow many days?
Q
1
2
Okay.
the credit
And did Monica
cards of Mr. Jeremiah
tell you anythi.9 Buebe that
aho t s
·ere·
s':'
9
e 'cle?
3
A
Yes.
4
Q
What did she tell you about that?
5
A
She said that she washed Buebe' s car and .. 2.5 ~':a__e
6
was in there.
7
Mr. Buebe's
8
like a credit
9
Circle
10 11
12
13
belongings
card/debit
:: .- '"as
and stuff and kept ~~e
card and that they stopped
and purchased
a~
gas and food i e.~
that. Q
And did she tell you if she used any I.D. w i_e
purchasing
those items?
A
Yes.
cigarettes
15
purchase
17
personal
K's, 7-Elevens,
14
16
She found the credit cards, dispose'
Q involved
se 1
She s~id at one point in time they woul
and they hnd to use Rosem0ry's
identificatio
the cigarettes. Okay.
And ctid Monica
Florps
identify
any of tea
es
in this?
18
A
No.
19
Q
Did she tell you if one of them was her boyfriend
20 21 22
an ex-boyfriend? A
I don't believe
was her boyfriend,
she said -- actually,
yes, one of them
ebody you have identified
as "Little One"?
yes.
23
Q
Was that
24
A
Yes.
25
Q
West Side Riva?
26
A
Yes.
27
Q
Now, after ,:he conversation
28
or
further
SOl
with Monica,
did you do
investigation· into the stolen credit card portion
of the
1
investigation?
2
A
Yes, I did.
3
Q
Okay.
4
And can you tell us '. hat yo
contacted
Mr. Buebe.
A
6
of his
7
They faxed them over to me.
8
for Circle
9
tell me where the cr ed i t; car
I
the statement
K, and wit
Slover,
12
Bernardino? A
Yes.
14
Q
And di
15
surveillance
16
A
17
Q
18
A
2:"
=
~. ::"e •...0
the credi ~··as:':5= _ =:.._ =
--
--.:--=..::.::.
s=~~e5.
-
= -
-_ --------
e==
~rise?
.. _--.-
Ci.-.
---
-= -
5~.-e:"::"::"a:lce
1-
ape was dated October
the
-?
___ es ..
;..-=_ . .eze
22
-..-c:.._ c.._ C-.,....-
:es. ;.._-:::: - ~c
_-0.
e s
a e?
Yes,
19 8t: , 2
.e
as e
Then I c _::ac::e:::.
S-l-o-v-e-r,
13
I
for his cred:"~
And was orie
Okay.
Q
11
20
reSDect
to that?
5
10
a:" a
--0'
able to view the tape in terms of when
:<:r. Buebe s credit card took place or his I
2_
e:":: ca~c.?
25
And --
26 27
A
I actually
28
Q
Okay.
c
at the receipt
You had the receipt
and the tape. and the tape to match
it
1
up?
2
A
Yes.
3
Q
And when that transaction
4
credit
5
appeared
At that location
occurred
8
She actually
9
stand next to her.
within
minutes
produces
whom
12
Q
13
identified,
14
A
I saw
There was also a Hispanic
11
_a
And I sa'.': .: _ ~ca 5'_ores.
the credit carr
who was later identifj~d, I wasn't
there was two tra sac ~o_s
of each othe
10
and another unknown
a_e, H~
ead, ~c ::e a e
0
able to identify.
Now, the ma Le that you saw on the video 1,:_
0
wa s _a er
how was he identified?
Well,
I took the picture
15
deputies.
16
some other gang photographs,
17
Aldama.
18
Q
and I went to the ga 9
I showed th2m the picture,
And Richard
and we matched
it
p
0
and it looked just like Ric ar
~ldama 1S a documented
West Side Ri a
member?
20
A
Yes.
21
Q
And at some point did you contact Richard
22
did he confirm
23
by Monica
that he was in the carl Mr. Buebe's
A
Yes.
25
Q
And did he confirm
videotape
Aldama
a
car, Qr~-e_
Flores?
24
26
0
on the videot~pe?
7
19
r. Buebe's
card, who did you see doing th~ tra_sactio_?
A
6
took place vith
in Fontana
that was, 1n fact, him i
~~e
a~ the Circle K?
27
A
Yes.
28
Q
Were you able to identify
any other stores
in this
32
1
further
investigation
2
using Mr. Buebe's
of yours where
fraudulent
debit card was used?
3
A
Yes.
4
Q
Where were those stores?
5
A
There was t.v o other stores located
6
transactions
in Riverside
down in the Indio area.
7
Q
8
Desert?
Okay.
Was one of those at 45-200 Portola Ave
9
A
Yes.
10
Q
And were you able to retrieve
11
that Circle
12
A
Yes.
13
Q
And were you able to match up the receipts
14
a surveillance
e, Palm
tape from
K store?
tape as to those transactions I don't recall
on Mr. Buebe's
A
16
store.
17
used in those two Circle K's down in Indio.
18
surveillance
19
Q
And one of them you did?
20
A
Yes.
21
Q
Which one was that?
22
A
I'd have to refer back to my report.
23
Q
If you would look at your report dated
I matched
with the
debit card?
15
2_
County
if it was that store or the next
up the receipts.
I know the debit card was One of the video
tapes I clid not see them on the videotape.
ould be page 3.
I believe
10/31, and it
line 34 is the Portola Avenue
Circle
store. A
Okay.
Yes, on that one I did observe
t e individual
thct was later identified
And that was the individual
Monica
Flores
as Richard
from the Circle
Aldama.
K in
33
1
Fontana?
2
A
Yes.
3
Q
And then the other store was on 40100
4
Bermuda A
Yes.
6
Q
And your investigation
A
Yes.
9
Q
Okay.
11
showed tha
L
And you were able to confirm
there was no tape showing any of the suspects That1s
A
e' el
ere.:..t
it ·as
se
I
on the ta e?
correct.
12
MR. KERSSE:
13
THE COURT:
14
MR. SNOW:
Okay.
Nothing
further.
Cross-examination. Yes. CROSS-EXAMINATION
15 16
BY MR. SNOW:
17
Q
Good morning,
18
one point you referred
19
officer
20
first interview.
Detective
Garcia.
I wanted
to ask, a
to the fact that there was another
with you when you took Monica back to her home after the Is that correct?
21
A
Yes.
22
Q
And what was that officer1s
23
A
Detective
24
Q
Knudson?
25
A
Knudson,
26
Q
Thank you.
27 28
~r.
card was used at that Circle K store?
8
10
Ave.,
Dunes?
5
7
ash'ngton
Knudson.
K-n-u-d-s-o-n.
You indicated apparently
name?
that Monica
had come in voluntarily,
and
she had -- well, let me -- strike that.
34
1 2
You indicated
No, the first time that she came in, they both came in
A
4
voluntarily.
5
Q
pretty
Okay. adamant
During
that interview
about denying
you said that
her involvement;
0
A
Monica?
8
Q
Yes.
9
A
Yes.
10
Q
And it was after that that you and Officer
11
took her back to her home, and at some point during
12
she said to you,
13
this up."
IIIcould get in so much trouble
KL
s __
t a· r
e
for set ":"_9
Is that correct?
14
A
Yes.
15
Q
Was there any other conversation
16
Officer
Knudson
between
you or
and Monica on the way back to her home?
17
A
Yes.
18
Q
Do you recall the substance
19
A
I told her that the two stories that I heard
Rosemary
ica was
is
7
20
In she
did not come in voluntarily?
3
6
the first time she was brought
and her didn't
sound truthful
of that conversatio
?
fro
to me.
21
Q
Was there --
22
A
And then I told them that I was going to cont":" e
23
investigating
the case until
I was able to find out the t_ ~,
24
Q
25
you recall?
26
A
I don't recall.
27
Q
Do you recall any mention
28
of Monica's
Did Officer
Knudson make any statements
to her
a
c'u r i nq those conversatio
s
daughter?
35
~:~ 'lOI. ". ,I ~l'
. i
. ,,
ot at that time. 2
3
Q
A
There may have, yes.
Q
Do you recall anything
nn:cals
'a
g:_
er at a_y
wit_ her?
about·
at - _ se c _'ersa~~o
A
Not exactly,
Q
Do you recall having mentioned
protective
services
no.
to Monica
anyt.hi nq a'o
--
10
A
No.
11
Q
- -
12
A
No.
13
Q
Do you recall having asked her or mentioning
with regard to her daughter?
14
that her involvement
15
her?
might require
16
A
No.
17
Q
Do you recall
18
questions
if Officer
"No"?
•... 0
__e~
-~ that her child be t axe __ --
Knudson
asked any of
se
or words to that effect?
19
A
I don't recall that.
20
Q
Uh-huh.
21
the second occasion
I know we spoke of her da g~ter.
Do you recall how long Monica
was with yo~
when she came in?
22
A
On the second occasion?
23
Q
And do you recall how long she was with you on the
24
first occasion A
Close to the same.
26
Q
Let me ask you this.
28
Maybe another
two hours.
when she came in?
25
27
s
ight have entailed?
8
9
of
other time during your interviews
5
6
Was there any mention
When you investigated
these alleged
were made and you saw copies of the receipts,
purchases
t a
did any of t'ese
36
1
receipts
have signatures?
2
A
Yes.
3
Q
Whose name was signed to them?
4
A
You couldn't
5
Q
I see.
6
Were there any handwriting
onica or Rosemary No.
8
Q
Did Miss Flores
9
d ring
::"0
A
~rom
seem frightened
to you at a y t~ e
No. I don't have anything
further at t
s
e.
Thank you. THE COURT:
_3
Mr. Barnett.
14
CROSS-EXAMINATION BY MR. BARNETT:
::"6
Q
::"7
and Rosemary
::"8
bring
The first tine that you talked with Miss Ybarra, -- she and Miss Flores came in together
or
s e
~~ ~
them in?
_9
A
No, they did not come in together.
20
Q
They did not come in together?
21
A
No.
22
Q
Were they at the station
23
A
No.
2~
Q
Who was interviewed
2S
A
Rosemary
26
Q
When Rosemary
28
taken
either of these interviews?
MR. SNOW:
2
samples
Ybarra?
A
15
It's more like a scr~bb e.
make it out.
7
12
Was it Mr. Buebe's?
at the same time?
first?
Ybarra. talked to you at that time, how long was
she at the station? A
I'd say probably
about two hours.
37
Q
And did you bring her into the stat~o_
3
A
I went and picked her up.
4
Q
And you told her she wasn't
5
A
That's
6
Q
Now, when you talked with her that
2
or did she come
in?
7
hours,
8
home?
correct.
did you -- when you were finished,
9
A
Yes, I did.
10
Q
Did you tell Miss Ybarra
did
_ .e, a 0
'- __ez;
<:2...:
that if she'd s p__
e
ie r
s =e
11
names,
12
A
No.
13
Q
.so after you took her home, then it was Miss F_ores's
15
A
If that's the way you want to put it, yes.
16
trying
17
telephone
18
me, but a couple times we had set up meetings
19
up.
14
20
21
et cetera,
that you could help her?
turn?
Q
to get ahold of them.
had contacted
and they had made arrangements
Okay.
with Miss Ybarra
at the station,
A
The first one?
23
Q
Yeah.
24
A
I
'as
them on the
to come and spea
So when was your contact with
22
25
I
I
the two-hour
and nobody
\,;-
sho ed
-- your meet~ g meeting?
could give you an exact date if I refer to my
report.
26
Q
Okay.
27
A
t)ctober 17th.
28
Q
And that was about a two-hour
meeting?
38
1
A
Approximately.
2
Q
And then you took her home.
3
Miss Ybarra
4
with you on the 17th?
-- did Miss Flores's
meeting,
5
A
You mean Miss Flores?
6
Q
Yes.
7
A
No.
8
Q
When did it take place?
9
A
Well,
if I refer to my report,
10
exact date.
11
Q
All right, please,
A
I
12
And then did.
because
first meeting,
I can give you another
I'm pretty
confused
right
now.
13
spoke with Mrs. Flores on October
14
and we made arrangements
15
8:30, October
16
spoke to Monica.
19th.
18th by telepho
e,
that I would pick her up on Friday,
So October
19th is the first time that I
17
Q
18
Miss Ybarra,
19
and see if she would work out a favor or two?
And during any of the time that you spent with there was -- did you request
20
A
I
21
Q
Maybe something
2
occur
don't offer anybody
that she work with you
favors or promises.
like you'd see what you could talk to
the DA about?
s2e ~2a-
A
No.
Q
During
the entire time that Miss Ybarra
said she didn't have anything
talked
to you,
to do with that carjackj
isn't
r~ght? ~
That's
correct.
MR. BARNETT:
I have no further questions.
39
1
THE COURT:
2
MR. KERSSE:
3
THE COURT:
Nothing
further.
All right.
(Whereupon, the witness
4 5
MR. KERSSE:
6
MR. BARNETT:
7
THE COURT:
8
MR. BARNETT:
9
THE COURT:
10
Mr. Kersse.
reporter
Thank you.
You're
excused.
left the stand.)
Call Deputy Johnson. How about A break? Two minutes. Yes.
could probably
I was going to say, the co r
use a break,
too.
11
How long do you expect to be with your next w':'tess?
12
MR. KERSSE:
13
expertise
THE COURT:
15
MR. BARNETT: member
of the police
17
THE COURT:
18
potential
19
12:00.
20
stipulation.
MR. KERSSE:
All right. I
stipulate
of law enforcement All right.
- -
that a_y
is a gang expert.
Well, weill talk abou
a
Why don't we come back at twenty
to
Thank you. (Recess)
22
THE COURT: Flores
Back on the record in People vers s
and Ybarra.
24
Your next witness.
25
MR. KERSSE:
26
Why don't we take
would probably
21
23
as to n i s
as a gang expert, very brief.
14
16
If I could get a stipulation
Yes.
My last witness
is Deputy
Bre t
Johnson.
27
THE COURT:
28
MR. KERSSE:
Do we have any stips? Yes.· There's
going to be a stipulation
40
1
that Deputy
2
expert.
3 4
Johnson
is qua~,ified to render an opinion
Not r.pe c i f i ca Lly with respect
THE COURT:
MR. KERSSE:
6
MR. BARNETT:
7
MR. SNO-V]: So s t :pulated purposes
We ran do that,
purposes,
All ]'ight.
for prel iminary :_ear.i__9
For preliminary
heari_s
that will be ent( red. THE CLERK:
11
Ye.'.
only. THE COURT:
9 10
to the West
Side Rivas?
5
8
as a gang
You
solemnly
(:0
state that the e . ie __ ce
12
you shall give in this rnat r.e r shall be the truth, the ... __ e
13
truth,
and nothing
but the truth, so help you God?
14
THE WITNESS:
15
THE CLERK:
16
Please state your full name, spelling
17
P'I eare be seated.
your
firs
a~
last name for the record. THE WITNESS:
18 19
Ye~, I do.
My name is Brett, B-r-e-t-t,
Jo
80 __ ,
J-o-h-n-s-o-n.
20
THE CLERK:
21
MR. KERSSE:
Thank you. You~ Honor, Deputy Rodriguez
22
back into the courtroom.
23
to let counsel
MR. snow.
25
MR. BARNETT:
26
THE COURT:
III
28
III
won't be .ecalling
him.
know if t.heie 's any obj ection to him
24
27
J
has s~e- e . s c "a.._= ::'2S.
S1.
No ob t ec t Lon . No. Therr's
no objection
at this
e.
.1
1
mmTT as a witness
JOHNSON,
2
called
by and on behalf
3
first duly sworn, was examined
4 5
DIRECT
and testified
having
been
as follows:
EXAMINATION
BY MR. KERSSE:
6
Q
Good morning,
7
A
Good morning.
8
Q
What's your occu ation?
9
A
I'm a deputy
10
of the People,
deputy.
she!:"ifffor Riverside
Sher'::f's
County
Department.
11
Q
And how long hav ..you been a deputy
12
A
Nineteen
13
Q
And you work at the Jurupa Valley
14
A
Jurupa Valley
15
Q
And you work in r.he gang area?
16
A
I'm assigned
17
Q
And I believe
18
qualified
19
Side Riva?
sheriff?
years. station?
station.
to qangs, yes. th~re's been a stipulation
to render an opinion
t a"
as a gang expert vis-a-
20
A
I understand
21
Q
NOW, are you famLliar with West Side Ri a?
22
A
Yes, I am.
23
Q
And how familiar
24
A
West Side Riva is the primary
25
Rubidoux
area.
26
Jurupa
27
committed,
28
enemies
station.
with that?
I'm familiar
Hispanic
gang
e
ga g i
-- I vo rk 0 t 0::
with them working
to crimR victims,
of that gang.
is ~-es
that, yes.
And it's the primary
talking
a "re
associates
I've talked to police
crimes
they've
of that gang,
officers
that have
42
1
investigated
that gang, I're talked to DA's that have
2
investigated
that gang.
3
Q
And roughly how many gang members
4
A
Roughly
5
Q
Do they have a common name or common
6
do they have?
in exess of 150. ide_tifyi
or symbol?
7
A
Yes, they do.
8
Q
What's
9
A
The common name is West Side Riva, co
10
usually
that?
Q
And what's
12
A
The primary
the primary activity
activity
S
of that gang?
of that gang is a cr~ :_~:
13
gang.
14
primary
15
might
16
sure that no other rival gangs can get strong
17
0
is a "W" for west side.
11
18
g sign
Protection thing.
of their turf, turf protection
What I'm talking about,
show up in the community
Are committing
Q
is t__ e~r
taking on ri a_s
is their primary
criminal
~·r~
func
_0_
..iake
t
in the~r area.
acts a primary
act·
~L
that gang?
19
A
Yes, they do.
20
Q
And with respect into the carjacking
to the investigation
21
Garcia
22
you familiar
23
A
Yes, I am.
24
Q
How are you familiar with that investigation?
25
A
Initially
26
Garcia
on Jeremiah
Buebe,
27
interview
28
off.
are
with that investigation?
and Detective
When
and assault
by Dete ~~-e
got a phone call at home from Detecti Knudson
with Monica.
asking me to assist
And I came to work
e
them on an
-- that was my day
I came to work, they filled me in, showed me the
43
:)1
(, '1
.i (
1
report
and told me what happened.
2
Q
And you've
3
A
I don't know if I've read them all, but I've read a
4
number
read all the police
Q
You've
6
A
Yes, I have.
7
Q
And the reports written
Garcia?
reviewed
Deputy Rodriguez's
reDort?
-a~
by Je
A
Yes, I have.
10
Q
Now, also, did you assis .... :=::::e::::::::"-.-e
11
identifying
12
A
Yes, I did.
13
Q
And did yo
a person by the na e
14
had been involved
15
credit A
17
Q
18
me
2 2=.. 22
23
s:
- :::..:::~~::.._-_::~:-E. .. '";
Yes, -
-
_ ------===2::
- ---::...=..-=
es::
__
t::
_:.
.-a _ CL~g
e::::-?
::'':::'8 -,
'::-'1
e
..:...es
-c
_
_a e an opinion with respect
"'" .:
0=
~::=,,::::-::::::"c.
card?
~-
~9
e::ect:.· e
:..2.
I'm sorry.
9
16
in this matter?
of them.
5
8
reports
ase, ',': et er they were committed
to the cri es
for, at the benefit
r at:.t'e d:"rection of, or in association
with West Side
_ :'-.-a cr:" .i al street gang? Yes, I do. . BARNETT:
2S
26
Your Honor.
There's
no
foundation.
27
28
Objection,
MR. KERSSE: testify
I thought we had a stipulation
he could
to -- as a gang expert.
44
1
THE COURT:
2
MR. BARNETT:
3
THE COURT:
4
Q
5
A
6
I think so, too. Okay. The objection
(By Mr. Kersse) My opinion
Whatls
is overruled.
that opinion?
is that this was done for the benefit
the West Side Riva street gang.
7
Q
And what do you base that on?
8
A
My knowledge
9
of
they
for enjoyment
10
including
violent
11
members
12
gang member
of the West Side Riva street ga 9 ~s that and pleasure
they commit crimi a~ a ~s,
Part of that is to bring you.ge~
acts.
into the fold so that they have the ability and to represent
I believe
13
the members
based on reading
14
least five gang members
involved
15
the middle
16
were described
17
to me based on my general
18
around
19
members
to ac~ as a
that use tha
g~~g.
this report there ~~s a~ They were r~g!:::
in this.
of the West Side Rivals home turf area. as younger
and some were older. knowledge
and teaching
And it a
in which gang
there that they are often recruiting
20
J~.g
er s ~:"··e
e
younger
ea~s
a.. ~o'~Je~
them how to be gang members.
I base that on the fact that the intervie· (sic) had with Monica
21
Detective
Rodriguez
22
boyfriend
by the name of Little One and that she had c ~::ac::e
23
them to assist her on this carjacking.
24
that the interviews
25
Aldama
26
documented
27
be at least involved
28
stolen.
with
and Sergio Santana members
-- subsequent
that she
L.a::
interviews
and Juan Morales,
around
·ith
a
~c~a~
who a -e a __
of West Side Riva, that they a~ in driving
a
o
in the car af t ez ~•... :as
.5
1
2
Okay.
Q
members
You've
Juan Morales
spoken to documented
- -
3
A
Juan Morales.
4
Q
Who was the other person?
5
A
Sergio
6
Q
And all three of them have admitted
7
vehicle
Santana and Richard
that was carjacked In the reports
8
A
9
those, yes.
West Side Riva gang
Aldama.
from Jeremiah
to being
Buebe?
I read, they have admitted
10
Q
And you have a basis or is that enough?
11
A
I believe
12
Q
Okay.
13
the police
14
investigation,
15
promote,
Now, let me ask you as well, with yo _
reports
and your firsthand
knowledge
was the crimes committed
further or assist
A
Yes.
17
Q
And what's
18
A
Basically
in
in criminal
the basis
0=
th:3 ooinio_? to, to promote
gang is to show that they have the ab~lity
20
that they want to commit,
21
there's
22
might
23
what we do, you better not get involved
24
enforcement
25
crime was committed
26
do is trying to dissuade
27
them.
to do anything
nobody going to stand in between
or else.
in t is
cona ct?
what I just testi~ied
as well cooperate
:ew of
with the _ tent to
19
Also,
to being
that's enough.
16
28
in the
the
to commit any crime
they want to
dOj
them to do that, so you
with what we want to do, and if you do in calling
law
And that's based on the fact that the and the fact that's what they're any type of witness
like, I was saying,
trying
testimony
it appears
to
against
that there was a
1
staggering
2
gangs
3
the gang.
4
members
5
theory.
6
of age groups
-- younger
in this incident.
gang members
And bringing
into the gang is the life blood of
If the gang grows old and they don't have younger
to take over for them, then the gang disa _ears
Does it make any difference
Q
this case are females and the people who actually
8
violence
upon the people
A
Not in my opinion,
10
Q
And do the defendants
11
members
12
furtherance
13
A
ze
~:e
no. in thi.s case ac t ua t y :_a--e
of West Side Riva in order to promote
or ass's~
e
:'2=2e
of West Side Riva gang activity?
No, I don't believe
they are members
of t at ga=S, -
with you.
15
Q
You believe
16
A
Yes, I do.
17
MR. KERSSE:
18
THE COURT:
they are associa t.e s of the gang?
Nothing
further.
Cross-examination. CROSS-EXAMINATJJN
19 20
BY MR. SNOW:
21
Q
22
==-:.
:. __
~
are males?
9
be honest
~
that the defe_d~_~s
7
14
younger
involved
Do you have any knowledge
of Monica
with West Side Rivas outside
23
A
Yes, I do.
24
Q
What knowledge
25
A
At the ti~e of this incident
26
and Pontiac
27
family.
28
They moved out.
was occupied
Flores
this particular
e:'=s
.
.-
-•.
-----.:::.--..,.
---"'--"""'-'----
is that? the corner ho
by a West Side Riva gang me
Soon after this incident,
it became
I took her photograph
a vacant
O S~
--
;::-
e~
~es~~====.
around to the __ e:..:::;:-
:::-5
1
and they told me that they have seen ~er at that house
2
area. MR. SNOW:
3
I have nothing
6 7
BY MR. BARNETT: Q
Have you ever had any contact with
A
9
don't recall
11 12
13
Q
To be honest with you, she's told me that I
Do you know whether
~~.
she has any gang affilia
any sort? A
I know that she has family members
Riva street gang.
15
THE COURT:
16
MR. KERSSE:
17
THE COURT:
=-
e
I have no furt:her questions. Anything Nothing
else, Mr. Kersse? further,
All right.
Your Honor.
Thank you.
(Whereupon, the witness
Youlre
excused,
left the stand.)
19
THE COURT:
20
MR. KERSSE:
People rest.
21
THE COURT:
Any affirmative
22
MR. SNOW:
23
MR. BARNETT:
24
THE COURT:
25
MR. KERSSE:
26
MR. SNOW:
27
MR. BARNETT: here I didn't
in the Wes
That's all I know.
MR. BARNETT:
28
e~ore
it.
14
18
~ss _'arra
this case?
8
10
Your Honor.
CROSS-EXAMINATIO
4 5
f~rther,
in that
People rest?
defense?
No, Your Honor. No affirmative Does either
defense
at this time.
side wish to be heard?
Submit. Submit. 11m going to nay that for quite a ·h~=-e
even hear Miss Ybarra's
name mentioned,
and ~~e=
-~e2
~i ally heaid it mentioned,
:
S::::e -':as
she went along for a ride_
present. Seriously,
there's nothing
-.;asgoing to take place,
to say that she even knew
and if there's
anything,
maybe
the fact she helped use a credit card or something. think there's enough
So I
for the 215.
I'll submit. THE COURT:
You want to respond,
MR. KERSSE:
No, Your Honor.
THE COURT: that the offenses :'2
RIF-99956
_3
believe
All right.
within
It does appear
complaint
have been committed
are guilty
sufficient
15
Penal Code section
215, subdivision
16
special
under Penal Code section
17
(b), subsection
18
both defendants,
19
subdivision
20
allegation
21
Count 3, as to both defendants,
22
459 as a felony,
23
count it's Penal Code section
24
subsection
25 26
(4), subparagraph violation
(a), subsection
cause to
thereof.
As to Count I, as to both defendants,
allegation
to the Court
number or case number
and there'S
that both defendants
14
Mr. Kersse?
violation
of
(a), as a felony, with a
(c).
186.22,
subdivision
As to Count 2, as to
of Penal Code section
245,
(1) as a felony, with the same gang
as a special allegation
attached
violation
thereto.
of Penal Code section
again, with the same -- excuse me. 186.22,
As to
subdivision
As to t is
(b),
(1) as a special allegation. The defendants
date for arraignment
will be held to answer
is January
27
MR. SNOW:
28
MR. BARNETT:
therefor.
e
23rd, 2002.
I'm sorry, Your Honor? January
23rd?
49
1
THE COURT:
2
MR. BARNETT:
3
MR. KERSSE:
4
THE COURT:
5
right.
6
can't see properly.
Yes. seven days.
No, it should be two weeks Oh, I'm sorry.
r'm looking at the one-week
7
All right.
8
MR. KERSSE:
9
THE COURT:
10
That's
January
today. _0'
Ire
r got new 9 asses.
I
It's Janucry line.
fro 30
30th.
Thank you, Your Honor. Department
(Proceedings
51.
Thank you.
adjourned)
11 12 13 14
15 16 17 18 19 20 21 22 23 24 25 26 27
28
50
REPORT-RIS
CERTIFICATE
STATE OF CALIFORNIA ss. COUNTY
OF RIVERSIDE
I, Shari L. Lefton, No. 6256, do hereby
correct
accurate
Reporter
16, 2002, in the County of
State of California,
report of the testjmony
above-entitled
Shorthand
ce rt i f v :
That on January Riverside,
Certified
I took In shorthand given and proceedings
cause, and that the foregoing
transcription
of my shorthand
notes,
a true and had in the
is a true and taken as foresaid,
and is the whole thereof.
DATED:
Riverside,
California,
January
(ll.u d
16, 2002.
-
w -------~.
Shari L. Layton, C.S.R. ~ 6256 Official Court Reporter Riversice County Superior Court
RLE
U BER
I CONTINUATION
ER 01 280 018
SHEET I
2
Page Number:
_
Evidence:
1 2 3 4 5 6 7 8 9 10 11
Seven audio cassette tapes of the recorded .i n t e rv.i ev -ri, th .on i.c a Flores & Rosemary Ybarra. Recorded by Garcia booked i.to e~idence at the Jurupa Valley Station. Bar code # Cjq~~7q
1.
Detai1.s: On 10-11-01, I was assigned to investigate a past car-jack~.g ~.2~ ~cc~~~ed in the area of Pontiac and Pioneer Streets in the unincorporaLed a~ea of Riverside County known as Rubidoux. The victim was identified as ~e=e. 'ah Buebe. I read the initial report written by Deputy Rodriguez - ~-5-. ~he stolen vehicle was a 2000 Honda 4dr Accord Ca. license plate ~~~S_2~.
12 13 14 15 16 17 18 19 20
The initial report stated that Buebe had met a female tha --as ~cs~L~-ely identified as Monica Flores. Buebe met Flores through a teleL~o.e 'chat" line on Wednesday, October 3rd. Buebe stated he continued cal :, .._ .: ..~C2 on Friday and Saturday. Buebe said Monica invited him to her _es~~e.ce ~ate Saturday early Sunday morning 10-07-01. Buebe said he picked ~~~~ca a d her friend and Monica directed him to the Rubidoux area.
21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 .8 49 50 51
Through Rubidoux Buebe
the course of the investigation was Pioneer and Pontiac Streets
was
able
to provide
. "
1-. Iii
~
_
'.
'
~.
I
:.
.,
_'-'
_.
'..,
it was determined cross of 34th ST.
Deputy Rodriguez the odriguez was ab and unab
location
J
t- e
az ea
of
he oic-ed 'on~ca the addresses of O~ 10he
incident. Buebe told Deputy Rodriguez he believed he was "set-up" because they did not seem scared or surprised when he was
by L~e ~e~a:es a tac~e~.
On 10-15-01, I spoke to Buebe by telephone regarding Moni~a ~~J:::::-es a.d Rosemary Ybarra. I asked Buebe if they screamed for help or ra .. a~,-a~f rom the scene. Buebe said they did not scream for help or runawa_. 3Je" e said the one girl Rosemary stayed in the backseat of his car. Buebe sa~d :'0 ~ca was standing by the driver's door and kept looking up and do~ L' e st~eet as if she was waiting for someone. Buebe said they were in the a~ea to drop off Rosemary but nobody ever came out of the house. I asked BueDe i= ~e ~as offered sex with either female. He said no. Buebe had ide.tified o~ica Flores through a photograph which Deputy Rodriguez had located 0 :0-07-01 at her residence. Buebe said he remembered Monica's friend ,as Rose ary unknown last name. On 10-15-01, I responded to 569 Transit and 576 Transit to locate Flores and Ybarra. I could not locate either female, I was told each female had moved from their residences to unknown locations. I left a business card. I later received a telephone call from both Flores and Ybarra stating they would come to the station on 10-16-01 to be interviewed. Neither Flores nor Ybarra came to the station on 10-16-01 .
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On 10-17-01, I responded to Flores and Ybarra's home but Yparra was at her residence.
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I asked Ybarra if she would come to the station to be .i .te.:---::'e'" Yba rra agreed. Prior to arriving at the station, I had Ybarra s hov Del:ecc:.-:e Brown and me the area in which the car-j acking and assaul L occ rred , She identified the area of 34th ST., Pioneer and Pont':'aci ~ b':'do~x.~t the Jurupa Valley Station, I told Ybarra she was not' de::-arres~. ~~a::-::-a said she understood.
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I asked Ybarra if she remembered getti.g a ride to Jeremiah (Buebe). Ybarra said she xa s o: the t.e le . rie a 'I: ~·'o. =-Cd'S ~ ou se when Jeremiah arrived late Sat r-day .=-~:.e ar Ly :.:~ a::' moz n.;.. ~. '':l::::a::-::-a said she asked Monica to ask Jeremia' for a r':' 'e to l:~ e cit::·0:: ?':'a::":: . :-e::-e .•u ah agreed. Ybarra said onica did not; '.,ra~t LO be a or e r,.;=L _ ":;e::-e::::"a~-: s t.h e y were going to Rubidoux first to =-c~ a. ot:e::- o~e o~ Xo::=-ca's girlfriends. I showed Ybarra a photogra 0:: L.OL':'ca ~::"ores. ::e.:.c.e::-':'::ied Flores as being the onica she was .it' the .=-g~.La:: -:::'e assau i t; on Jeremiah. •
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Ybarra said they drove on Pioneer St. near 34t and dropped ~o.=-ca 0:::: at the corner. Ybarra said she stayed in the backseat, Yba r.r a sei.d they (Jeremiah) drove around the block and then picked on::'ca'p aJa':'-. :Darra said Monica told him (Jeremiah) to park the car on Pontiac ST. a L~e1 all were smoking a cigarette. Ybarra said she was outside of the car --hen the Hispanic males walked up to the "whi te, foo~( Jeremiah) and started -l-:"t ting hfm. Ybarra sald she walked away at that point and did not want to get invq;Lve~:..I".~.~sk.ed Ybarra if.~,?e rec~~f'of th'e Hisp~nic mal.€s that att'ke~~:@emlah Buebe. Yba'rra sal~' she di.d not r-ecoqn i z e any 0:: t.he individuals. Ybarra said she walked ,9..~..9..Y __t.Q .._<;l.__ ,12ayp_hon,e ..c:indgot a ride to Fontana. I asked Ybarra if she called law enforcement to report the crime. Ybarra said no. I asked Ybarra if she planned to take Jeremiah's car. Ybarra again stated that she walked away from the scene. I asked Ybarra if the Hispanic males were her friends. Ybarra said, "they didn't come up to me, they talked to Monica so you need to ask her." I gave Ybarra a ride home after the interview. On Thursday 10-18-01, I received a call from Monica Flores stating that she would come in for an interview on Friday 10-19-01. I made arrangements that I would pick her up on Friday morning 0830 hours to be interviewed. On Friday 10-19-01 at about 08 Monica Flores from her residence of Riverside County known as Hig gro arrest and the interview was voluntary.
Detective Knudson and I picked in the unincorporated area d Flores she was not under Flores told me she understood.
Prior to arriving at the Jurupa Valley Station, we had Flores show the area in which the assault took place in Rubidoux. Flores had us drive to the area of Pontiac, Pioneer, 34~ and 36th streets.
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Flores told us they (Jeremiah & Ybarra) drove south bound on Pioneer and she was dropped off. Flores said Jeremiah and Ybarra drove around the block and picked her up again near the same spot she was drop ed of=. F ores showed us that they drove east bound from Pioneer on 36th S_ .. 2. so ~~ on Pontiac ST. She said Jeremiah parked on Pontiac ST. in fro .. t 0= 3628 Pontiac. I asked Flores how she was sure of the location. Flores said bec2'se she remembered the Ford Expedition parked just north of where .~.e~' a~)ced. Flores said in this location is where the assault took place. ~'e ~ .. :::' .. ued to the Jurupa Station. Flores admitted that she was with Jeremiah and Ybarra in his .~ac: =our door 2000 Honda. Flores said she had been talking with Jeremia. 2..- :'s friend Danny since Wednesday of that week. Monica said she met Jere ~a~ on the telephone "chat" line. I asked Flores why she told Jeremiah to drive into the area 0= .'- ~ 0 x. Flores said she was looking for "Hoes" (street term for girls) fo~ -e~e. "ah because she did not want to be with him (intimate). Flores de ie £.ry·ing where the girls lived; just somewhere on the street. Flores sai s~e 0 ly knew of one boy in the area and he was in juvenile hall. During the interview Flores was evasive and would not answer a~~ •... ~e questions I asked her. Flores denied knowing any person(s) in the are2 t at she showed us. I asked Flores if she was affiliated with a stree •... gang which is predominantly in that area of Rubidoux known as "Westside : an. Flores said she knew hundreds of people everywhere. I asked Flores if she was afraid when the assault occurred on Jere ~a . Flores said she was not afraid of anyone. Flores said after the assa ~t she walked away from the area to a Circle K store. I asked Flores if she ca~ ed law enforcement about the assault. Flores said no. I told Flores t-ia c s'e did not seem truthful about what occurred.
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We concluded the interview, while Detective Knudson and I were z i. ing Flores back to her residence, I told her I was going to co. : ue investigating the crime until I found out the trtith. As we parked i. front of Flores' residence, she made a spontaneous statement; "I can ge •... :. so much trouble for setting this up." <
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I told Flores we were going to go back to t~~.t.i:t.-~on to continue talking about her statement. Flores continued saying, "I'll admit to what I did and that was setting it up." Flores said she would not tell me any of her "Ho ies" names because it was her idea. t the Jurupa Valley Station, I read Flores her Miranda Rights per my card. ~lores said she understood and was willing to talk to me. ?:ores made the following
statements;
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Flores admitted to talking to Jeremiah on Saturday night and telling him to come over to her house, Flores said she decided that she was going to "jack" (rob) Jeremiah fo£his car by herself but she thought ~ere iah was bringing a friend. Flores said she was going to get Jeremiah/s car e en if she had to assault him w~th a deadly weapon. Flores said she cal:ed her Homies in Westside Riva and told her she was going to drive by t e~r house and she would give them a signal by waving her hand. Flores said when Jeremiah and Ybarra dropped her off on Pio.ee~ she walked north and met her "Homies". Flores said she told them s:e -e~e_'ah was alone. She planned to have Jeremiah park on Pontiac. F'Loz es said Jeremiah and Ybarra returned and picked her UPI then they dro e 0._ 36::: S_, and south on Pontiac ST. Flores said she told Jeremiah to par :.is a~ on Pontiac ST. Flores said she asked Jeremiah for a cigarette and s:e ex~ ed his car. She said Jeremiah was sitting in driverls seat and she s~o _ear the door. Flores said she could hear her "Homies" approaching and atte~ oed to block Jeremiah/s view so he would not see them approaching, Flores said she sat in the driv ex:' s seat and pushed the door ope -;:2e_. -: e assault started. She said this kept Jeremiah from driving away. F_ores s i ' she saw Jeremiah get hit with a bottle and got some of his bloo" er pants. Flores said Jeremiah ran south on Pontiac with her "Homies" ~:2as~.~ him. She said she called her "Homies" back and they drove out of ~.e a~eal including Ybarra. Flores said she was the driver of Jeremiah/s car C~~ 0= the scene. Flores said she drove the car to Los Angelesl Indio and Palm Desert. ~: ~es said they used Jeremiah Buebe/s stolen credit card to buy cigare-~es c_." other items from 7-111 Texaco gas station and Circle K stores. Flores sa~d a 7-11 store finally kept the card and would not give it back t, _.e~. Flores said at one point she used Ro s erna r y ' s identification to -~c"_ase items.
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Flores said everybody in the car all entered the stores when s e ~se~ ~__ e credi t cards. Flores said there was a total_s_l_" x __ g_~ys Ln vo Lve d ~,_ assault eight including her and Rosemary. I
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Flores said she convinced Ybarra to be involved in the car jacki b-~ s.. e did not want;... to go initially. Flores said she did not want a y s: ne r little Homies to get in troUble because she set the car jacking I asked Flores several times for the names of her accomplices -t sce refused to give any names. She said her ex-boyfriend was involved .a-e identified him as "Little One" Westside Riva. The case is contin i_g to locate the other suspects. I
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I asked Flores how long she kept the car. Flores said she had the car a:_ day Sunday. Flores said the car was crashed on Rubidoux Blvd. and issio, at a Mobil Gas Station.
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nS surveillance tape, recorded at 16880 Slo er -e., -r _e ~ .S re. Detect ive Garcia recovered the tape. The t aj e S:. ·.';8 s...:.s_ ecc rlores, Ybarra and two other unknown accomplices. BOOKe e ·dence at the Jurupa Valley bar code # 0398281, date - 0 transactions receipts from 16880 Slover Ave. Circ e =, ?~ res is seen signing the receipts on the surveillance tape/- ~ -e recording. The receipts # 054317 $20.96 and # 055048 $3 .6=.. -'·ere collected by Garcia, booked into evidence at the Jurupa --a~~e Station bar code # 045330~. Dated 10-08-01. One VHS surveillance tape, recorded at 45-200 Portola .. - e., ~r:::~e K Store, in the city of Palm Desert. The tape shows s ?~ores purchasing items with an unknown Hispanic accomplice. a e ="0- 701. Bar code 0398281. CSO Haas recovered the VHS tape. Boo~e into evidence at the Jurupa Valley Station by Garcia. Two transaction receipts from 45-200 Portola Ave., Circ ere, in the city of Palm Desert. The receipt # 065727 amounts 2 .9 and receipt # 065843 amounts $21.45, both were dated on _0- 7- . CSO Haas recovered the receipts. Booked into evidence at t e Jurupa Valley, bar code 0398282. One VHS surveillance tape, recorded at 40-100 Washingto .:~., Circle K Store in Bermuda Dunes. Dated 10-07-01. Collected b Deputy Darascavage ID 2629, booked into evidence at the J a Valley Station bar code # 0398281 One transaction receipt from 40-100 Washington Ave., Circ e . Store in Bermuda Dunes. The receipts # 080709 amount $24.9~. -~e receipt was recovered by Deputy Darascavage ID 2629, booke· ~.~ evidence at the Jurupa Valley Station.
Details: On October 24, 2001, I continued working on the past car j ac k i nq -.. a:: occurred on 10-07-01 in the unincorporated area of Riverside C xnc: ... ~ as Rubidoux. The victim had been identified as Jeremiah Buebe. ~:J g~ =~e course of the investigation suspect Monica Flores was arrested for se ::':'._9 up the carjacking. Suspect ~osemary Ybarra also admitted to bei 9 rese~:: when the assault occurred but did not participate in the rob e_ .. During the interview on 10-19-01, Mo~ica Flores admitted to si:-:gs::o_e::1 credit cards from the victim. I contacted Buebe and the Armed Forces 3ar~ N.A. in Fort Irwin. Buebe sent me the information regarding i.i s a:-:.-<: statement, which showed several purchases from Circle K S res. contacted the Circle K/Phillips 66 Credit Card Fraud Divisio., .,';:';:C! Buebe's credit card account number, I was informed which Circle K Scores had transactions with Buebe's stolen credit card.
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Two purchases were done at 16880 Slover Ave., Circle K Store ~n the city of For tana. One purchase was for 20.96 dollars t.r-ans ac t i or 054317 and the ot er was for 37.61 transaction # 055048. Both of t'~se tra..sact~o. s were dated on 10-08-01. On October 24, 2001, I responded to the location of 1688 S~ ·er e., Circle K Store. I made contact with the store manager K. ~~ ~e -'0 d Tilley that I needed to view the surveillance tapes from -0 - _, ear y morning hours. Tilley allowed me to view the tapes, on the ~a_ es ee:» suspect Monica Flores, Rosemary Ybarra, unknown Hispanic male snave - :ead wearing a sport jersey wi th number nine and another unknoi... -:! ::':'s a.i i c female. The suspects were all getting items from the store. _ a~~a a.. d Flores both stand at the cash register during the t ran sac t Lon . =~cres actually produced the stolen credit card at the time of P rchase a d signed the receipts.
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On October 24, 2001, I contacted our dispatch center and had a .. _. - =.y.. our Indio Station respond to 40100 Washington Ave., Bermuda ~·~es. ~"~s store was identified as one of the locations where Buebe's s 0 e.. crea:.t card was used. Deputy Darascavage ID 2629 responded to the C~r ~e . a2' recovered the transaction receipt # 080709 $24.94 and the VHS s ~c~~~~~ce tape. I viewed the surveillance tape but did not observe Flores ~ a2Y other suspect on the tape. Though I did not observe the transac~~ 2 cc ~ on the videotape, it did occur based on information I received =r ~ ~rc~e K/Phillips 66 Credit Card Fraud Division.
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On October 25, 2001, I contacted Sheriff's Community Officer Haas .'26S9 and had her respond to 45-200 Portola Ave. in Palm Desert. The C~~ ~e ~ store had been identified as one of the stores that Buebe's sto_e~ ~~ec:.~ card was used. CSO Haas ID N2659 responded to the location a.d ~e:::~:.e·.·eQ two transaction receipts # 065727 amount $21.45 dollars and,... rsa';3 amount $27.90 dollars. Both of these transactions were dated o. - /- ~. I viewed the VHS tape from 45-200 Portola Ave. Circle K St.oz e . _ sa",; suspect Flores and an unknown Hispanic male wearing a sports j e r ae ",::.:::c: the number nine. The Hispanic male was the same subj ect in t"e '.:, "eo, which I observed in Fontana, dated on 10 -0 7 -01. Flores is see.. :.:::::c:e video purchasing items and signing the receipts at the cash reg~s-e~. On October 31, 2001, Detective Knudson and I responded to 576 r~!s~::: in the unincorporated area of Riverside County known as h~g:2g~~)".·e. Rosemary Ybarra had made arrangements to meet me on October 30, L- s~e did respond to the Jurupa Valley Station. Ybarra left a message s~a~~::s she was not going to make the appointment.
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_0_ 0 r arrival at 576 Transit St., I asked Ybarra i: s _e .... :1::" sot e Jurupa Valley Station. I told Ybarra that _a s ~e ~egar i_g her being seen on video surveillance tape. Yba~ra a~ee 'th s to the station.
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her Miranda a vised Ybarra derstood and said, "I'm just Ybarra any further questions.
Rights per my card. '!' arra going to remain quiet II
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I left the interview room to fill out the appropriate pape~ ~ ~ booking process. At about 0840 hours, Detective Knudson sa:'wanted to tell her side of the story,
I spoke to Ybarra and told her that if she wanted to speak to ::-,e ::::-eca::::-c. __ g the incident I would have to read her Miranda Rights again. c.s:_ec. -"'-::""2.:: if that's what she wanted to do. Ybarra said "yes". I rea - -"'--"::;2.::::-: ::er Miranda Rights at 0854 hours. Ybarra said she understood a__ to speak me about the case. I asked Ybarra if she knew wha ~2.S g~'::'=g ::'0 '" happen when they got to Rubidoux. Ybarra s~id "noff. I aske a::::-::::-2.':'= s~e left the area after the assaul t in the stolen car. Ybarra sa i i, ---e!i., ::.:_e car pulled up to me and I got in the same seat I arrived t_ere .::.= ::::-ear passenger sea t I asked Ybarra who was driving the car. _ ar-::::-a 52.':'0 Monica was driving. Ybarra said she riding around in the car f oz' ~'~:..:::. ::" .. :0 . days, Ybarra admitted that she went into a Circle K Store i - =::'2.=2. ::'0 purchase some food items because she was hungry. Yb~rra sa'::' - s~e ~~~ dropped off in Los Angeles.
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I placed Ybarra under arrest and transported her to the Rivers'::' -e Jail. Ybarra was booked for carjacking, assault with a dea" burglar~ and conspiracy to commit these crimes.
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Case referred to the District Attorney's office for prosecucl02 aga':'=5the Monica Flores and Rosemary Ybarra. Flores is currently in-coos::. ~. -~ the Riverside County Jail.
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F rther investigative work is required the surveillance videos.
to identify
the other s s ec::.s
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CASE STATUS: Arrest
Inv. R. Garcia
#1399
RIVERSIDE COUNTY DISTRICT ATTORNEY BUREAU OF INVESTIGATION
INVESTIGATOR'S
REPORT
REPORT MADE BY: Lutz I DATE: 12110/01 I CHARGE: 215 PC DEFENDAl"fT: FLORES, Monica et al COMPLAINANT: < > VICTIM: <> WITNESS: <>
I FILE NO.
RIF099956
On December 6, 2001 I conducted an interview with co-defendant/subject RICHARD ALD MA at Ri erside County Ju enile Hall. The interview was taped-recorded. Aldama was advised of his Miranda rights and stated the folIo ring: He first met defendant Flores approximately one week prior to the incident. They met at a mutual acquaintance's house. That would be Reynaldo Morales at his home in the Avalon Trailer Park in Rubidoux. On this occasion Flores told Aldama that she had a car. Aldama and Flores agreed to meet again at Morale's home at 0700 on an unknown day the following week so that Flores could drive Aldama to a cemetery in Los Angeles for Aldama to visit his grandmother's grave. Aldama went to Morales' home at the appointed time and met Flores. Rosemary was with her. Aldama as umed the car she was driving, a black Honda, was hers. Instead of going to visit his grandmother's grave, they drove to the Indio area and picked up a female named Vanessa. The four of them drove around together for the next .J days. Aldama had no idea thatthe credit cards used to buy food etc. at various convenience stores ere stolen. He thought they belonged to Flores. Aldama admits being the person photographed on the security video at the Circle K in Fontana.
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lUVEl{SIDE COU
') Y DISTRICT ATTaR
EY
BUREAU OF INVESTIGATION
INVESTIG. ~TOR'S REPORT I_RE_P---.:..O_R_T_1\_1_A_D_E_B_Y_:_L_u t_z_------l_D_A_T_E_:---=-12 __ 1_10__ /0__1-,-- ] CHAR G I~: 215 PC DEFENDANT: FLORES, Monica ct al \)MPLAfNANT: <> \ ITNESS: < > iCTIM: < > On December four locations
I HLE
NO. RIF 999-6
13,2001 the Honorable J. Thou related to this investigation.
I first focused attention on this location aft.cr I conductc .m interview with co-defendant/subject Richard. dama 1h in Juvenile Hall on December 6 . Aldama attempted to jI'ovidc an alibi for the actual Carjacking by claiming [1' he wasn't present at the time of the Carjacking and didn : get into the st IT il . ]00 in the morning. Aldama claimc.l that he ani' ·d at his friend :700 for a pre-arram-ed meeting ". II h Flores. Aldama 111 icutc
Further investigation determined that Morales had a gali . moniker of "Vcnado" and was a documented IT: .mbcr West Side Riva criminal street gang. Morales also close fit the dcsci ipiion of suspect # 1 in the Carjac .' ng rc in that be is taller than average Hispanic males at 6-0 tal The warrant was executed with assistance of RSO detect. 'cs and gang officers. Morales was inside [he 1 was Sergio Santana. Santana, a documented West Side; :'(1 gang member, had an outstanding felony \ ar 211 Pc. Santana was taken into custody and Morales w . arrested for Harboring. The search of the location uncovered the Iollowing: • A dark blue beanie and a blue/multi-colored flannel . clothing match the description of the clothing worn 1 • A semi-automatic Jennings .22 caliber pistol next to' Also in the box was a latex glove. Morales' wallet n drav cr. The pistol shows registered to an individual; be established. • A ery expensive, specialized, Beretta shotgun in a c automobile parked in the driveway of the home. As. nearby i police car, spontaneously stated, "That's exc usivel . by competitive skeet shooters in that it is . to t e id mity of the owner is ongoing at this time.
irt were found banging in a closet. These -..: . ~ 'suspect # 1 as per the victim of the C ~-:Y ::-loaded magazine in a cigar box in a drc er ,~-ir.n.~.~r .1 other items 01" identification were I catce Corona and whether the gun is 5[0 ~•. _ c was recovered from the trunk of: ..:shotgun was removed from the c r __y uncles deer rifle." This shotgun ~ -l-barrcl set; 12,20,28, and .~l ; __ ~_
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Documents and notebook- with gallL_.;raLliti. exterior of the home as well.
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Morales and Santana were transported to Jurupa Station. Morales was advised of his Miranda rights and interviewed. The interview was tape-reo .rded and is summarized as follows: Morales attempted to corroborate Aldam.is alibi. Morales said that he'd spoken with Aldama on the telephone since Aldama was arrested and placed in: uvenile Hall. He stated that Aldama was picked up "by two girls" at his horne. Opposed to Aldama, Morales stat:d it was during the nighttime. Initially Morales claimed he was unable to describe the car or ihc girls in that he actually didn't see them. Then he did see the car and girI~, but only saw them from a distance. Then be claimed t i rat he got to within a few feet at" the car and girls. At this point 1 deceived Morales and told him his fingci . .rints and hair bad been located in the car. He changed his story again and admitted to riding in the back seat 0' : he car, but not going anywhere. I told him that his fingerprints were found on the car's dash. Morales then ":! membered" thai "he loves music and music loves him" so he was reaching over from the back scat to the I «nt in order to adjust the radio. Morales' statements became even more inconsistent after that point. During the interview he admitted that the .22 pistol recovered from the dresser drawer was his. He claimed that the pistol didn't function properly-that he'd attempted to fire it inside his home and it would jam after the first shot. Mornlcs stated he bought the gun from someone about a week prior, but wouldn't provide details. Subsequent to Santana's arrest, a piece of paper with phone numbers and names was recovered from his person. Included in the list was the name and pho: .c number of defendant Monica Flores. Santana was advised of his Miranda rights and interviewed as well. 'i'hc interview W;lS tape-recorded and summarized as follows: Santana recognized photographs of Flores and Ybarra. He stated he first saw Flores at a party at Morales' home about a week prior to when he saw Flores and Ybarra show up ill a black -l-door car. Flores "wanted to be with him" at that party, but he turned her down because "she's dirty." Flores and Ybarra arrived at Morales' during the nighttime in the black car. He "heard that someone got beat down and the car was taken [rom him," but Santana denied being present when that "someone was beat down," when the car was crashed and abandoned, and denied ever getting into the car. He identified a photograph of Richard Aldama as being "his friend Richard." Santana was deceived as Morales had been and told that his fingerprints were discovered in the car. Santana then admitted that he'd lied and actually did ride in the car that night, but that he only "got a ride home from Vcnados." He said Flores and Ybarra drove him to his residence on Tilton St. in Rubidoux. No one else was in the car.
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Details: On Tuesday 112701, I \y partner Deputy Jesse Martinez and 1 arrested Richard Aldama. Aldama was wanted for a violation of probation warrant. He was also wanted for questioning in a carjackin., investigation. Detective Ron Garcia was investigating this carjacking and we brought Aldama to the station for Oct. Garcia to interview. Oct. Garcia told me that Aldama said that he was not involved in the carjacking. Aldama said that he was with his friend Juan "Vcnado" Morales and that Morales would verify Aldama's wherea.br2~~! ..the time of the carjacking. Det. Garcia asked that I contact Morales and ~about the carjacking and if Aldama was with him iuring the time of the carjacking . . .~ ....•~~~.. .". j:'1 -.
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;a..
I am assigned to worl: gangs for the Sheriff's dept., and I work out of the .lurupa Valley Station. I know that Kichard Aldama is a member of the "Wcstside Riva" street gang. I also know that Juan Morales is a member of the "Westside Riva" street rang. Morales only Jives a block or so from where the carjacking occurred. I have had dozens of contacts with Juan Morales over the past several years. I have often found him associating with young "Westside Riva" street gang members and associates. During the past year and a half! have arrested Aldama at Morales house twice for warrants. On that date at about 1500 hrs. Deputy Martinez contacted Morales at his residence. There were several "Westside Riva" street gang members and associates present at this residence. Deputy Martinez stayed with these other people, while 1 took Morales to the front of his residence. I told Iorales that I arrested his friend Richard today. Morales said, "yeah, I beard. I sai that Richard's name came up during an investigation and Richard said that orales coul verify wbere Richard was during the crime being investigated. Morales said, " -eah 1 e was with me." I
I as cd orales if he knew what type of crime was being investigated, he said, 'no I don remember.' I asked him if they were at Morales's house at the time of this crime. 0 clcs said, 'I don't know, I don't remember." I asked him if they were in Rubidoux or out of town at the time of this crime, he said, I don't know, I don't remember.' I asked him if there was anyone else with them at the time of this crime, "he said, I don't know I don t remember." I asked him how long ago the crime was committed, and be said "I don't know, I don't remember." I asked him if it was during the day time or night time he said, 1 don't know, I don't remember." I said, "but you are certain that Lichard was with you during this crime, he said "yeah." I told Morales that Richard was being investigated for a carjacking. Morales said, "Oh yeah, that's right, you have been hassling everybody over that." I asked him if a female visited around the time of tbis carjacking. He said, "Girls are always coming over here." I asked him if he knew a "Monica" and he said, "no." I asked him if a female brought over a stolen car to his house that was taken in this carjacking, he said, "I don't
know, I don't remember." I ask cd him if some me brought a black Honda Accord to his house at the time of the carjacking, he said, "J lou't know, I don't remember." I asked him if Richard left with a female in the stolen :lr. he said, "I don't know, I don't remember." I asked him if Ricl.ard left with <1 cmale in a black Honda Accord, he said, I don't know, 1 dun 't remember. 1 asked him wl .ti he remembered about the Lime Richard was with him when this carjack :ng occurred, I: . .aid, "nothing." I then returned to Deputy Martinez and Il:e others. I talked with them [or several minutes. Morales had returned with me, he sai L " I know about the carjacking, because everybody had been talking about it and sayinr they are being hassled by you for it." A few moments later he said, "you know how it': like here J01111S011, Richard was here and then he was gone, I don't know where he wen: who he left with." ')1'
Deputy Martinez and 1 left shortly after [his last statement. Status:
Opn eE2
File umber ER01280018
Continuation Sheet
P~H!e
of 13
Buebe said the five unknown Hispanic males approached his vehicle. and he was pulled out of the front driver's seat. He saw one of suspects holding what appeared 0 be a tire iron in his right hand. Buebe said the suspects hit him with numerou clo ed - -~ his body. Buebe believed he blocked many of the punches, which were aimed fo . head. This would explain the scratches and scrapes to Buebe's left arm. Buebe ran a vay from where his black four door 2000 Honda Accord (Lie. 4TAS024) was parked. As he was running away from the suspects, he remembered being chased . aleast four of the Hispanic males. Buebe then felt a tremendous pain to the ba k of his head. Buebe fell to the ground, and was surrounded by the suspects. Because of the that Buebe was in, he could not remember what the suspects were saying to him. He stood up and ran away from the scene. Bueee said he heard his vehicle being tu e but did not stop to see who was inside. Buel~ ended up at the 5501 Mission Blvd. (Donut Queen). Buebe spoke to a man who was standing near the pay phone, and old him to call the police. The unknown man was identified as Khalil H. Diaab (R.P. Buebe said that throughout his ordeal with the five male suspects, Monica or er female friend never ran away from the scene. He also mentioned that Monica did no appear to look scared or worried about the circumstances which were unfolding. While Buebe was being attended by A.M.R., I spoke to Diaab. He told me the following: He was standing outside the Donut Queen watching the employees in ide ie business make donuts. He saw a white male (Buebe) running eastbound from Rubidou. Blvd. towards his location. He noticed the white male had blood "All over his head:' Diaab said he used his cell phone to call 911. Diaab was not able to provide me with 3.I _ additional information to assist in my investigation. Diaab stayed with Buebe until ill: arrival. Buebe was transported by AM.R. to Riverside Corrununity Hospital. I followe Buebe to the hospital, to ascertain more information about this incident. At the hospital, I noticed that Buebe was more alert, and able to answer ill questions much clearer. Buebe told me ing: He had originally called the "Party line" on Wednesday, 1003 ile he was speaking to numerous individuals, he met a female who orig a y 1 . led erself as "Maria." "Maria" provided Buebe with her telephone number Buebe then called "Maria" on Thursday, 100401. "Maria" told Buef~. to begif c her by her real name, oniea. Monica did not provide Buebe. with her last name. Buebe continued to call Monica, on Friday and Saturday. Buebe told Monica he was currently in the U.S. Army and was stationed in He also told her he was in the Riverside area staying with his sister Julianna e e (Oth) until Monday, 100801. Monica invited Buebe to her residence, in order to get to know each other better. Buebz said Monica provided him with driving directions
File Number ER01280018
Continuation Sheet
Page 9 of 13
to an unknown address in the unincorporated area of Highgrove. Buebe said he planned to meet Monica on Sunday, October 07,2001, about 0100 hours. Buebe said he remembered exiting the "91 Freeway" at Center Street in Highgrove. It should be noted that Buebe was actually speaking of the 215 free a' (Northbound). He said he exited the freeway, and drove eastbound on Center Street turned right on the first street, past the railroad tracks (Transient). He drove his car towards the end of the street, until he saw a Hispanic female walking past a gated residence. The female introduced herself to Buebe as Monica.
He
Monica told Buebe she was uncomfortable being alone with him, and asked him if it was "O.K." to have a friend join them. Buebe agreed. Buebe said he could not remember Monica's friends name, but did describe her as: A Hispanic female; approximately 5'11; 340 pounds; brown hair with blond streaks; could not remember clothing description. Buebe said that within a few minutes, Monica asked him if he would drive her friend to another friend's residence, in the area of Rubidoux. Buebe agreed, and began to drive towards Rubidoux. Buebe said he could not remember speaking to Monica or her friend while they were driving, because his radio was turned on too loud. Buebe exited the freeway (60 West) on Rubidoux Blvd., and drove southbound. He said Monica had him drive around the area, until she directed him to an unknown street. Buebe remembered there was a large dirt field on the comer of the street. Buebe remembered parking near a residence, but could not remember the exact street name. Buebe said Monica's friend did not exit the car. Instead, she asked Buebe if he had a cigarette. Monica exited the front passenger seat, and walked around the front of the vehicle, towards Buebe. Buebe also provided Monica with a cigarette. Buebe said the three of them remained in the immediate area speaking. Buebe said that Monica's friend never attempted to exit from the rear of his vehicle. Buebe said a Hispanic male (Susp. #01) walked towards the driver's side of his car. Suspect #01 started yelling at Buebe, in what he perceived to .. anish. The only word he understood was "Holmes." Buebe described Su:sp~' '#01 as: Hispanic Male; 5' 10-5' 11 in height; 16-17 years old; medium built; blue beanie; and a blue/multicolored pendelton shirt. Buebe said he knew something was not right. He attempted to start his car, and drive away. Suspect #01 grabbed Buebe by his left arm and attempted to drag him out of the car. Buebe was unable to start his car. Buebe looked in his rear view mirror, and saw fou:f'fndividuals running towards his car. Buebe stepped outside his vehicle, and shouted, ''I'm not a gang member." The four suspects stopped near Buebe's location. Buebe said he immediately noticed that one of the four suspects held a tire iron in their right hand. Buebe could only describe the
File umber ER01280018
Continuation
Sheet
Page 10 of 13
four suspects as being Hispanic males, average weight, and average height. was too scared to notice anything specific about the four individuals.
He said he
The events which were described by Buebe in the beginning of this report. was what Buebe told me happened after he was approached by the four additional su pee . Buebe believed he was "Set up" by the female who represented herself as being Ionica, He described Monica as: A Hispanic female; about 5'08 in height; approximatel 130 pounds; brown shoulder length hair; with a stud piercing below her lower lip. During my interview with Buebe at the hospital, he notified me that his ehicle was equipped with a Lo-Jack anti-theft system. I had Deputy Triputra (Oth.) contact CLETS, and have the vehicle entered as a "Stolen Carjacked" vehicle. CLETS was notified that the vehicle was equipped with Lo-Jack, and they said it would be acti ated. After Buebe was cleared by the medical staff at Riverside Community Hospital. I asked him if he was able to show me where Monica's residence was located. Buebe agreed to show me, the exact same route he drove to meet Monica. We arrived on Transient A venue, in the unincorporated area of Highgrove. I drove Buebe passed all the residences on Transient, until he saw the house where Monica had come from. The residence was at 569 Transient. I, along with other Deputies approached the residence. I knocked on the front door, and was greeted by an adult female who identified herself as Cecil a Gutierrez (Oth.) Gutierrez told me she had two daughters by the names of Priscilla and Monica Flores. Inside the residence was Priscilla, her child, her baby father Christian Ivan Garcia (Oth.), and Gutierrez's son Dorian Lee Gutierrez (Oth.). Gutierrez told me she had last seen Monica on Sunday, October 07,2001, about 0100 hours. She did not know where Monica went, or with who. She also added that Monica did not live with her, but instead lived at unknown address in the city of San Bernardino. She did not know her own daughters telephone number, and said she had no way of contacting her. I asked her if she had a friend who was heavy set. Gutierrez said she had a friend named Rosemary Ybarra who lived She said Gutierrez is over 250 pounds, and tall. I asked Gutierrez if Monica had any friends in the area of Mira Lorna, Pedley, Glen Avon, or Rubidoux. She said Monica had some friends who lived in Rubidoux, "Near Club Metro." She did not know the exact address or street name. I aske what her telephone number was to her residence. Gutierrez responded with This was the same telephone number Buebe had used to call Monica. Gutierrez was not able to provide me with any additional information. As I walked through the Gutierrez residence looking for Monica, I noticed a picture frame. Gutierrez told me the pictures depicted Priscilla and Monica. I told
File Number ER01280018
Page 11 of 13
Continuation Sheet
Gutierrez I would be taking the picture frame, along with the pictures for evidence. Gutierrez was provided with a receipt. I spoke to Christian and Dorian. Neither one of them knew why I had arri eel in their residence. They each denied seeing Monica earlier in the day, and said the had been at the residence all day and night. An in-field line up was conducted with Christian, Dorian, and Priscella. Previous to the line up, I read Buebe an in-field admonishment. Buebe told me he understood the admonishment. Buebe said Priscella was not the female who identified herself as onica, As far as Christian and Dorian, Buena was not able to identify if they were invol ed. I showed Buebe the picture frame. He immediately pointed to the picture, which was on the right side, and said, "That's Monica." I asked him if he was sure. He said, "That's the same girl I picked up." Buebe chose the picture of Monica Flores.
.
.. .
•
I went to the residence • contact Rosemary Ybarra - (Oth.). A female who identifie dez (Oth.) met me at the front door. She said Rosemary is a friend of hers, and was currently living in her residence. Rosemary was not at the location. Hernandez described Rosemary as being a "Big girl. almost 350 pounds." She had last seen her around 0100 hours on Sunday, October 0 . 2001. She left the residence with Monica to an unknown location. Hernandez did not know if they were accompanied by anyone else. Hernandez said that Rosemary currentl works for the city of San Bernardino, as a filing clerk. Hernandez said she drives Rosemary four days out of the week, to San Bernardino City Hall. During a search of Rosemary's room, I saw a probation card for an Erika Tellez (Oth.-Probation Officer). Hernandez did not know if Rosemary was on probation. She did say that Rosemary was in trouble with the law in the past, but did not believe Rosemary was capable of committing anything now. Inside the residence was Sotero Astroga (Oth.) He told me was at a dinner party earlier in the night. He also added that he was on probation. Astroga agreed to participate in the in-field line up. Buebe could not identify Astroga as being one of the suspects involved in his assault. I drove Buebe back to the Rubidoux area, so that I can attempt to establish where the crime scene began. Buebe directed me to the area of Pioneer Avenue, as P9ssibl being the area where his vehicle and his assault took place. There was an empty '.~ ld on the West Side of the street. This was the main reason Buebe believed Pioneer Avenue was where he stopped his vehicle. However, Buebe could not show me exactly where his vehicle was parked.
File Number ER01280018
Continuation Sheet
Page 12 of 13
Buebe desires prosecution in this case and is willing to testify in court. Buebe said he would be able to identify Monica and her friend (Rosemary) if he sav them again. He would also be able to physically identify Suspect #1, but not be able to describe hi facial features for the purpose of conducting a sketch. All the individuals who were contacted on Transient Avenue were advised about the current investigation dealing with Monica and Rosemary. They were all notified to contact the Sheriffs Department if either of these individuals return to their residence. They were also notified that Monica and Rosemary were not suspect's, but merely needed to be interviewed. This case will be submitted to the Detective Bureau of the Jurupa Station, so a further investigation can be conducted to determine the rolls that Rosemary and Monica played in the carjacking and assault of Buebe.
Status: Open/CE-2
-
.;,,
.
~.
:. .
.
I
INCIDENT REPORT
~I
RIVERSIDE COUNTY ~RIFF
o (Arid or Change co) (Add or Chane~
12. OFFE 'SES - ;:;Q:JE ScCTIO
CRIME
(0)
/ 15. REF DIST.
6. OCCURRED 0
VICTIM - REPORTING PARTY - WITNESS - OTHER: ..)}tiYlo,22
LE (Last. First. Middle)
fStt;;~'. Buebe, Jeremiah 32. RES!D
(p.B.)
CE ADDRESS CITY
ZIP
47. RESIDENCE ADDRESS
CITY
ZIP
48. RES. P--O'-"::
49. BUSINESS ADDRESS
CITY
ZIP
50. 6JS.
34. BUSh ESS ADDRESS
;ni0~37.I\AME
(Last, FU"St,Middle)
0 Adult
SUSPECT: :tsi:JS#
D Parole
~Juvenlle
52. NAME (Last, First. Middle)
::I$;g;~; Aldama, Richard
OI'J£15M.o
62. DRIVERS LICENSE NUMBER/ID NUMBER
63 STAT
64. SOCIAL SECURITY NUMBER ZIP
67. RESIDENCE ADDRESS
'7 y
P-::;'.:
[(
L.y
P tLE.>5
A " e: ' CITY'
69. BUSINESS ADDRESS
[ 1
JUVENILE DISPDSmON;
7'.
Other Juris.
( 1
ZIP
Within Dept.
Juv. Crt Prob.
[
J
Detained
GANG DATA
72 Gang
ame(s):
GJ
Member
Westside Riva
D
~ssoclate
[XlSelf Admit 0
Prior Knowledge
TATTOOS/SCARS/MARKS Face
0
Ned<
0
R.Arm
D
L.Arm
D
Hand
0
Torso
D
Back
D
Legs
VEHICLE:
82. COLOR/COLOR 86. REGISTERED OWNER
64. OTHER IDENTIFIERS CITY
STATE
ZIP
88. PHONE
~~----------------~
~ ~"-. ~ _ FJL~ NUMBER
ER 01 280
1 2
018
I
CONTINUATION·SHEET
I
Page Number:
2
one audio-cassette tape of interview with Richard dama, recorded at Jurupa Valley Station, booked into evidence by Garcia.
Evidence:
3
4 5 6 7
B 9
10 11 12 13 14 15 16
Details:
.During the carjacking investigation of Vi ctim Buebe {10-07-0 it was 'Siiscoveredthat suspect Monica Flores an Rosemary ybarra had used Buebe's stolen credit card. I obtained a video surveillance tape from t'e Circle K store located at 16880 Slover Ave. in the city of Fa. ana. The surveillance tape, which was dated 10-08-01, showed Flores and Ybarra/ along with an unknown female and an unknown male accomplice.
/ asked the Gang Deputies Johnson and Martinez to view the tape with e to assist me in identifying the unknown accomplices. After viewing the tape, £eputy Johnson and Martinez believed the unknown Hispanic ma e to possibly be a Westside gang member Richard Aldama. I
17 18
19 20 21 22 23 24 25 26 27
28 29 30
31 32 33 34
35 36 37 38
39 40 41 42 43 44 45
46
Aldama whereabouts were unknown warrant for his arrest.
because
he had violation
of pr bat ion
On November 27, 2001, Deputy Johnson and Martinez arres •... ed Ricr:.ar' A:dama for the outstanding warrant. Aldama was brought to Jurupa a__e: ~a~'on at my request for questioning regarding the videotape. aQv~sec Aldama his Miranda Rights per my card. Aldama said he understoo ~~s r~g~ts and would talk to me about the case. I showed Aldama a photograph of Mon i ca Flores and asked :.:'1. :.eKnew her. Aldama said, "that's the one that picked me up". I asked ~cia~.3.~f it was in a black Honda. Aldama said, "yes". Aldama said he COli d !:ot remember the date Monica had picked him up from his friend's ho se i_.-~e orning. Aldama said that Monica told him the black Honda belo~ged ~o ~er and she had just gotten the car. Aldama said he did not ask Monica ~ly questions about the car. I asked Aldama hO ong he was with Mo. ica. _ ':'damasaid, "about three days we kicked it eve ere parks everyw1:eYe'I.A_dama said Monica offered to take him to see his g dmother's grave ::. ..:'osAngeles. I asked Aldama if he knew the black Honda was sto e~. A':'da~zsaid he did not know the Honda was stolen. Aldama said he was ~ t ~~'o~ved in any carjacking.
that I knew they had gone to LA b t :: .. e ~a a so gone to e of Flores' other places. Aldama said they went to _ .d~o to piCK l:? o.... girlfriends. I told Aldama
told Aldama I saw his photo in the viceo s'rveil a.ce tape. I showed Aldama a still photo made from the s rvei la~ce tape. A.:.damaa itted to recognizing himself in the picture. I
I CONTINUATION SHEET I 1 2 3 4:
5 6
Page Number:
3
Aldama said Monica told him to get whatever he wanted from the Circle K and she would buy it for him. Aldama said the credi~ card be o.ged to Monica. Aldama said he did not know the credit card was sto e . Aldama said to contact his friend Juan Morales and he wo Monica Flores picked him up from Morales' trailer.
d ver~fy that
7 8
9 10
11 12 13 14 15 16
I asked Aldama how he knew Flores. Aldama said he met Flores about one week prior to being picked up by her in the black Honda. A da a said he talked to Monica about 10:00 P.M. and they made arrangements for him to be picked up that morning.
Aldama admitted to riding in the black Honda driven by Monica Flores but denied having any knowledge that the car was stolen. Aldama was transported to Juvenile Hall and booked for his
V.O.P.
warra
t .
17
18 19 20 21 22 23 24
, ,
No further details.
CASE
STATUS:
Arrest
Inv. R. Garcia # 399
'-'
Details: On Tuesday 112701, my partner Deputy Jesse Martinez and I arres ed Richard Aldama. Aldama was wanted for a violation of probation warrant. He was also wanted for questioning in a carjacking investigation. Detective Ron Garcia was investigating this carjacking and we brought dama to the station for Det. Garcia to interview. Det. Garcia told me that Aldama said that he was not involved in the carjacking. Aldama said that he was with his friend Juan' Venado" Morales and that Morales would verify Aldama's whereabouts at the time of the carjacking. Det. Garcia asked that I contact Morales and ask him about the carjacking and if Aldama was with him during the time of the carjacking. I am assigned to work gangs for the Sheriffs dept., and I work out ofthe Jurupa Valley Station. I know that Richard Aldama is a member ofthe "Westside Riva" street gang. I also know that Juan Morales is a member ofthe "Westside Riva" street gang. Morales only lives a block or so from where the carjacking occurred. I have had dozens of contacts with Juan Morales over the past several years. I have often found him associating with young "Westside Riva" street gang members and associates. During the past year and a half I have arrested Aldama at Morales bouse twice for warrants. On that date at about 1500 hrs. Deputy Martinez contacted Morales a>his residence. There were several "Westside Riva" street gang members and associat es present at this residence. Deputy Martinez stayed with these other people, while I k Morales to the front of his residence. I told Morales that I arrested his friend Richard today. Morales said, 'Yeah, I heard." I said that Richard's name came up during an investigation and Richard sai taar Morales could verify where Richard was during the crime being in es .ga ed. _1 > .es said, "yeah, he was with me." I asked Morales if he knew what type of crime was being investigated, he said, "no, I don't remember." I asked him if they were at Morales's bouse at the time of-' z crime. Morales said, "1 don't know, I don't remember." I asked him if they were' Rubidoux or out of town at the time of this crime, he said, I don't know, I don't remember." I asked him if there was anyone else with them at the time of this crime, "he said, I don't know, I don't remember." I asked him how long ago the crime was committed, and he said, "I don't know, I don't remember." I asked him ifit was during the day time or night time, he said, I don't know, I don't remember." I said, "but you are certain that Richard was with you during this crime, he said "yeah." I told Morales that Richard was being investigated for a carjacking. Morales said, "Ob yeab, that's right, you have been hassling everybody over that." I asked him if a female visited around the time of this carjacking. He said, "Girls are always coming over here." I asked him if he knew a "Monica" and he said, "no." I asked him if a female brought over a stolen car to his bouse that was taken in this carjacking, he said, '1 don't
--
"L
"'.
know, I don't remember." I asked him if someone brought a black Honda Accord to his house at the time of the carjacking, he said, "I don't know, I don't remember." I asked him if Richard left with a female in the stolen car, he said, "1 don't know, I don't remember." Iasked him if Richard left with a female in a black Honda Accord, he sai I don't know, Idon't remember. I asked him what he remembered about the time Richar was with him when this carjacking occurred, he said, "nothing."
I then returned to Deputy Martinez and the others. I talked with them for se 'e minutes. Morales had returned with me, he said, "I know about the carjacking, 'beca e everybody had been talking about it and saying they are being hassled by you for i ."A few moments later he said, "you know how it's like here Johnson, Richard was here an' then he was gone, I don't know where he went or who he left with." Deputy Martinez and I left shortly after this last statement. Status:
Opn CE2
--
!.-
INCIDENT REPORT
_..DATE PR~PARED: ~-() \
OJ 0 ~
RIVER3IDE
o
COUNTY SHERJFF CA0330000
INITIAL
SUPPLEMENTAL 7.";"'"
ARR
COUNTS
.0.
OFFeNsES-
CODE S~CTION
'2.
OFFeNSES
- CODE SECTION
C",,"9"
(Aci1 or
(Add
0' Chilnge
III
CR.ME
COUNTS
11. fOP O::lDE
I:»
CRIMe
COUWTS
'3.
14. LOCATION OF OCCURR~CE
• O. BUSINESS
16. OCOJAR£DON-
15. REP. OIST •
NAME
19. BIJSI'oIESS
DATE
EDPo)OE
I l1ME
PHONE
o ~~~~~~~~-------------------------..~-r-~~~--~~ VICTIM - REPORTING PARTY - WITNESS - OTHER:
Lc ~'.
WSINESS
,.J
ADDRESS
41. RESIOENCE
Ag,
See Additional Persons RePort
BUSINESS
.•••OORESS
ADD~ESS
o
SUSPECT:
j~!~ll;i.:
52. NAME
ZIP
OTY
o
0 Juvenile
Adult
OO.BU&'PH::>NE
Parole .c •••
IL"l FWl ~.)
:.:.:::::.:::::}:.'.:;:.:.:: 62.. DRIVER'S
UCENSE
NU~
IIC
NUM3EA
64. Sl)OAJ...
SECURITY
NLM3CR
87. RESIDENCEADORESS
6~. BUSINESS
AODAESS
71.
JUVENILE
ZIP
OTY
DISPOSITION:
72.
[
) O!l1er Juris.
[
) Juv. CI1. Prob.
[
)
)
[J
01Detai ed
TA TTOOS I SCARS I MARKS / CLOTHING DESCRIPTION
GANG DATA
Gang
Delained
70. BUS. P>
Name(s):
o
Member
o Assodate
DSe~Admit
TATTOOS/SCARS/MARKS
o
Face
0 Neck
OR.Arm
OLArm
o
VEHICLE:
ji~;.I[~:175.
0 Hands OTorso
DBad<
0 Legs
REFER TO CHP 180 FORM FOR STOLEN, RECOVERED,
TOWED OR IMPOUNDED
UCENSE
02. COlo;>JOOLO;;
66.
REGISTCRED
H
O'M-:ER
OTHER
'OE>o"TlFIEFiS
STATE
o
ZIP
00.
DISPO SnoN
00.
P+-ONE
OF Vt>11Cl.E
ER01280018
CONTINUATION SHEET
PAGE-.Z
DETAILS: On Tuesday October 9, 2001 at approx. 1020 hrs., I was dispatched to [he vlobile Gas Station located at ., in the unincorporated area of Ri verside Co known as Rubidoux in regard to located stolen vehicle. I was advised the California Highway Patrol was investigating a hit and run {[:1 :I collision at the location. The vehicle, a 2000 Honda Accord with California plates 4T AS024 hit the curb area near the gas pumps on the southeast portion of the busi e- . Two males were seen running from the location after the collision. A search of the area was conducted with several units including the Sheriffs heli No one fitting the description was located.
0
The vehicle returned as a reported stolen vehicle on October 7,2001 from the R bi 0 x area. The vehicle was taken during a carjacking. The vehicle was located on it wheewith the right from tire and front end damaged. Both front passenger and driver doo: were left open and I located a key in the ignition. I spoke to Cashier Carlos Leon. Leon told me he was working inside the Mobile G Station and heard a loud crash. He walked out side and saw two males running fro . vehicle. The males were last seen running south on Fort from Mission Blvd. One a e described as being Hispanic, approx. 19 to 20 years old, and 5'7" tall weighing approx. 1201bs. He had a shaved head and was wearing baggy blue jeans and a blue footba 1 type jersey. The second male was described being approx. 18 to 20 years old, -, "':!.~ and weighing approx. 130 to 140 Ibs. He was last seen wearing a tan shirt and an unknown colored pants. No further description was given. Leon told me he did no ee the faces of the males and would not be able to identify them if seen again. Sgt. Johnson advised me he wanted the vehicle processed by I.D. technicians at he .D. Office located at t., in the city of Riverside, so that it could be sear he or evidence. I contacted dispatch and requested a tow to transport the vehicle to 1111 Spruce St. per 22655 Vc. (Evidence) I contacted ISB / CLETS and removed the vehi le as stolen from the S.V.S. and had it re-entered as Evidence. At approx. 1132 hrs., Victoria Tow arrived and towed the vehicle to the Spruce S . address. The vehicle was left at ~ for processing. At approx. 1500 hrs., I was contacted by I.D. Tech Maestas. Maestas told me she had completed her search for evidence and I was able to release the vehicle to the owner.
ER01280018
CONTINUA TION SHEET
PAGE-=t
I was unable to contact the victim by telephone. I was unable to locate the victim's home or work telephone number. I completed a second CHP 180 form and signed the release portion of the form. The vehicle was later towed by Victoria Tow per 22651 ( )
VC.· I contacted ISB / CLEtS and changed the status of the vehicle to a recovered stolen vehicle. This report will be referred to the detective bureau for further follow up in vestigation.
CASE STATUS: OPN CE-2
•••••
..I
•••••
-"
N~TICE OFsioRED~VEHICLE (22852 VC) R
LOCATION
rr.
/J
RTING DEPARTMENT
'f-uUS:;-~
(t:7 .
TOWED I STOLEN
OCATION
CODE
NOTE: CHP 100 IS FURNISHED TOAl PEACE OFFICERS BY THE CALIFORNIA HIGHWAY PATROL
DATE I TIME OF REPORT
FROM
OF STORED VEHICLE PERSONAlLY
0
LlC. CLEAR IN SVS?
0 YES~ 0 YES.KJ
COLOR
LICENSE
VIN CLEAR IN SVS?
o
SrpRED
o
IMPOUNDED
NO NO
NO.
:>
L
L
o
NOTICE
DELIVERED
....;;/Q,
A
RELEASED
RECOVERED
o
JUNK
TIRES
- VEHICLE I COMPONENT
DUNK
I WHEELS
LEFT FRONT VESSEL AS LOAD
BURNED HULK per 431 (c) VC VANDAlIZED
FIREARMS
LEFT REAR
ENG. I TRANS. STRIP
OTHER
RIGHT REAR SPARE
MISC. PARTS STRIP BODY METAl SURGICAl. RElEASE
--:--
RIGHT FRONT
HUB CAFS
STRIP
STRIP per 431(b) VC VEHICLE
0 RJO OR AGENT
TO.
NAME OF PERSON I AGENCY
E OF PERSON
IGNITION
AUTHORIZING
AlJTHORIZING
~
RELEASE
RELEASE
SPECIAL 'NMEElS
KEY AGENCY
HOLD
DAllE
CERTIFICATION: I. THE UNDERSIGNED. DO HEREBY CERTIFY THAT I AM LEGALLY AUTHORIZED AND ENTITLED TO TAKE POSSESSION OF THE ABOVE DESCRIBED'VEI-!K:LE. SIGNATURE
OF PERSON TAKING POSSESSION
SEE REVERSE FOR INFORMATION
1~11
BOOKING
SHEET
-;.-:aooting
Aumber: 20013B624
- ~ing
Date: 10/31/2001 BooJ1ng Time; 111.6 YBARRA, ROSEMARY LYNN
~.••••
-:
- Addre •• :
576 TRANSIT HIGHGROVE 909-781-4245
STREET
CA
92507
Booked By: Corporal Arresting Officer: R. GARCIA Tranaport Officer: KNUDSON ~:.Agency: Riverside S.0 . Date: 10/31/2001 :. Location: 7477 MISSION
c:' ATrettt
.!
Sex
Female
1.
GavlS
Number: 1399 Number: 1793 Nu~)er: ER01280018
Time: 0813
/
RUBIDOUX
DOB: 11/23/1981
Birth Place: ...,O_G 3EA""F. Citizen ? v
CA
U.S.
..hee
: H - Hispanic
<; Heigbt:
5'
~ Weight:
260
~~ ~8
GRN BRN
." Hair
09"
SSN DLN Emergency
Contact
CECELIA ~vlIERREZ 000-000-0000
Possible 2nd Strike? NO l~tifying Features: NONE
Possible 3rd Strike? NO
Section
Code
Class
182 215 (A)
PC PC PC
F F
-y CONSP/TO/COMMIT/A/FE CJ~JACKING ~)W O/THAN F/ARM GBT F
PC
F
BURGLARY
D~~scription
245(A)
459
(1)
--
--
---.,...•... -
-
F
J'~.~Jtli.';t~~¥:1J."~~~"'r"'7-" .tt:'.~J.'",~~:,,!;o.;. 'u3!'if":·':':··~,,"",
~~:t'r.i{1ftr 1511 , f Ioolling- t~: 200138624 :"'-~1ng ~: tfa..ot
Date: 10/31/2001 YRARRA. ROSEMARY
File Assembled: Warrants/Wants
-;::'..: ""'~ "';'.'~~""'-:""'.
~:: ...• ,,"_.-:-.
"""!"!'-~~~~~.II.tm~•••••
"",. '~~~.~~~':":~-'-""'."".":"'.
BOOKING SlmET Booking Time: 1126 LYNN
J'
By
~G:
By
~[r
Date
U
Hot.al~lm
Date
q~/~
Time
!Ct!/~c>{
7i.
INFORMATION: FINE
PAYMENT ~'. 9ONOPAYMENT
$
RECEIPT #
DAYS SERVED
$
RECEIPT #
DAYS SERVED
$
RECEIPT #
$
BOND #
BOND AGENCY
$
BOND #
BOND AGENCY
.~- -aPPEARANCE DATE:
TIME
~.
TIME
}.~
:~RBLEASED
COURT
TO:
OFFICER
<. 'METHOD
OF RELEASE:
,~ ,»
I.D.
_-,5.-::-~
* * * * * * * * * * *
r -<
COURT
-----
+
COM
MEN
AGENCY
#
_ T S
/
NOT
E S
* * * * * * * * * * * *
------
~~.--------------------------------------------------------------------------------~
;~.
JAIL
INFORMA'i'ION MANAGEMENTSYSTEM RELEASE VERIFICATION
I
looking
Number: 200138624 YBA.RRA, ROSEMARY LYNN
Name:
Status:
STPR
on 10/01/2002 laentifying
Features:
Authorized
2155
SeA-A. Holmes
NONE
By:
~--=:----=~
~
.1 ~'3 ;9
Imn~'~\~~epfied
/tl tJ~ Q ~ Date 'tile
by
,oj; ,,)2
----=---.----~LLl\ll8/ 0 Release paperwork Verified by Clothing
Released:
TYPE , SHIRT 0~;PANTS ·;.SHOBS
B. x:
DESCRI BEIGE
PT I ONC-
BEIGE
OVERALLS
Released:
Box:
TYPE WATCH
DESCRIPTION
EARRINGS
3 WM
./ DATI:: ---------7~---------~~
tp1f'IU y
. ~S=-=ED=--T=-O=--
.~#I.
:~:~ 1 Certify
DATE
JObWL \
~
'--t.b~~~
~~
RELEASE
Date
Ol=;"'F=I:'-::C=E=R~S-o-IG=N=A:-:TUR==E
that all property and monies 3·;:}~be1.onging to me have been returned and accounted for ;:;:!by the Sheriff and r e I ease the Sheriff from a Ll claims. #~"-'i
_
WM
$0.24
~;;~
Daf.e(Time
-=.::.R=E L=EASED TO
Cash Received
:~,,..DbA
,22 3X:>
y
BLK
Property
Ud-/~
Time
()~
;?$J~~i,::'~ ,..,,-. ," , .
r''l~t~ln()~l ~.~.:pQoltil~
11:34
Number:
INTAKE RECEIPT
Dav ia-
:200138624
»a_:
YBARRA. ROSEMARY LYNN Booking Date: 10/31/2001
lde.ntifying
Booking Time: l126
Pe at ur e s . NONE
PER
T Y BEIGE BEIGE OVERALLS BLK WM 3 WM
#
Items
$5.00
Cash Taken
_
I certify the above is a correct. record of my personal p roj coy and authorize the Sheriff to receive and inspect my mail wh~ e conflned and agree not to hold the Sheriff responsible for oney or ar~icles taken or mailed to the jail for me.
,,....
.h
;.~
INMATE
SIGNATURE .
OFF' CER SIGNATURE
BOOKING
&~~Q.=:'-4'jut -~ ~ ~
K{,..l
..
2Itt
/ Housing Location
Telephone Contac By Arresting Agency None Desired Phone Room Time #
#
RIG Time
£
.",~ It}TAKE:
~
\
\
•••••••••••••••••••
Crp6/',t =::::\~, ~
.IGNATlJRE
\
File Breakdown : Date
H T INTAKE
...-b110/_ ,
Time
~?J
Time
I.fif25:
T HUM
B P R I N RELEASlt. 11••••••••.
'
S7
~~·~~~F~.~~;; ;;.
"'-~
'~t~.~_:-
-~;~ -'i~/C;~OOi
JAIL
2\!S ~S
INFORMATION MANAGEMENT / CASE INFORMATIO (PR
BAIL INQUIRY
a.ooki·n.~ ••
200138624
!nd of Sentence Date:
~I
Name: YBARRA, ROSEMARY 10/01/2002 Cell: 21C1
PAG! ..
LTh"N
Case Information Arrest Date Court Informacl~n ~6NVi~-~~C~a~B~e~~~~------------~~1~0~3~12~0~0~1~0~8~1~3 1102200 0800 R.~C 1115?OOl 0830 RCC 12042001 0830 RCC 12132001 0830 RCC 12202001 0830 RCC 010427c02 0830 RCC '~ Riverside S,O. BOOKING ER01280018 CTRL y RIFI001S6 SEE CASE RIF099956 CORSP/TO/COMMIT/A!FELONY NF PC 182 C'AkJACKING 215 (A) CTRL PC 245(A) (1) ADM O/TMAN F/ARM GBI FRC CTRL PC 8tJttGIARY
CTRL
459
PC
Added Case from Court
, Riverside
S, O.
SENT
_. CARJACKING :~'.ADII O/THAN
GEl
FRC
;: BURGIARY
<;' BURGLARY
i,; :BURGLARY ____________________________________________
&
DISM
215 (A) 245 (A) (1)
SENT
459
SENT F/ARM
6YR~
SENT
459
DISM
459
RC63 RC63 RC63 RC63
RC63 .00
Ol0402
01042002 0800 01162002 0830 01302002 0830 02132002 0830 02202002 0830 02252002 0830 03052002 0830 03152002 0830 04052002 0830 04192002 0830 05032002 0830 06142002 0830 07262002 0830 08262~O 0830 09272 2 0830 RIF099956 SENT
ADDCASE
Ba'l/Fine RMV
RCC RCC RCC RCC RCC RCC RCC RCC RCC RCC R""~ '-'RC"" RCC RCC
RC63 RC63 ReS1 RC51 R"'Cl '--'4 RC51 RCSl RCSI RCS1 RC43 RC43 RC43 RC43 RCID
RCC
RC43
Y
.00
41>1NTHS STPR
..
PC PC PC PC PC
09272002
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STATEMENTOF 'eUaLE
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VISA
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B8B4 INvOICE :BB~7~9 48-1BBUASHIHGTDN
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BERMUDADUNES [:11
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SUPERIOR~URT 7
i
OF CALIFORNIA, COUNT~r 4100 Main St. Riverside, CA 92501
People of the State of California Vs. ROSEMARY LYNN YBARRA,' MINUTE
RIVERS DE
CASE NO.
RIF099956,
ORDER
===:====;===:===:=;====================:====;=;=======================
Sentencing (SENT) Date: .09/27/02
Time:
8:30 am
Dept/Div:
43
====================r=================================================
Charges: 1) 215(A) PC-F c, 2) 245{A) (1) PC-F D, 3) 459 PC-!l'C 4) 459 PC-F c, 5) 459 PC-F D
,
J
Honorable H. J. HERNANDEZ Presiding. Clerk: M. RICO Court Reporter: K. GUNN People Represented By S. FOLEY, DDA. Defendant Represented By CDP-J. VAN WAGENEN. Defendant Present. At 1:45, the following proceedings were held: No Legal Cause why sentence should not now be pronounced. Defendant Waives Arraignment For pronouncement of judgment. Probation Is Denied and sentence is imposed as follows: (SENT) As to Count(s) 1, the Court imposes the MID term of 5 year 0 months. Principal Count Deemed to be Count # 1. As To Count 3, 'the Court imposes 1/3 the MID term of 2 years for a total of 0 years and 8 months. Count 3 to Run ConSecutive to count 1. As To Count 4; the Court imposes 1/3-the MID term of 2 years for a total of 0 years and 8 months. Count 4-to Run ConSecutive to count 3: Sentenced to State Prison for a total term of 6 years and 4~ months. . CREDIT FOR TIME SERVED of 331 actual days plus 50 days pursuant to 2933.1 PC for a total of 381·days. Pay Restitution Fine pursuant to 1202.4(b) PC in the amount of $200.00.- (PRISON) Additional Parole Restitution Fine imposed pursuant to 1202.45 PC in the amount of $200.00j suspended unless parole is revoked. (PRISON) For The Charge{s) 1 3 4. FURTHER ORDER: Pay Restitution purs to 1202.4 PC directly to the victim. Victim Restitution to be determined. Financial Services to forward court's findings to Department of Corrections. Pursuant to section 2085.5 PC, Department of Corrections is
Page: Case Number
: RIF099956
People vs. ROSEMARY
YBARRA
===========================;==================================================;=
authorized to collect restitution Obligations. Count(s) 2 5 dismissed in the interest of justice. (1385 PC) Court Orders Enhancement(s) CX-186.22(b) (4) (c)PC in Count 1 Stricken. Court Orders Enhancement(s) GA-186.22(B) (l)PC in Count 3 Stricken. Court Orders Enhancement(s) GA-186.22{B) (l)PC in Count 4 Stricken. --Defendant waives comment to probation. District Attorney's Office is ordered to provide Crime report to the clerks office forthwith. Sheriff to Deliver Defendant to California Department of Corrections at FRONTERA. Remains remanded to custody of Riverside Sheriff. Minute Order printed to Robert Presley Detention Center. **MINUTE ORDER OF COURT PROCEEDING** Dispo
2
o
I
o
//-<13 -?/ ~,
ABSTRACT OF JUDGMENT - PRISON COMMITMENT
FORM DSL 290
(F 0 [b
SUPfRIOR COURT OF CAUfORNIA. COUNTY OF BRANCH
1 0
CASE NUMIIER ISI
PEOPlE OF THE STATE OF CALIFORNIA Y'LS"-. DEFENDANT: ROSEMARY LYNN YBARRA
o
AKA: COMMI11IENT TO STATE PftISON AS Of JUDGMENT
0
SUPERIOR COURT OF CAUOFORNIA COUNTY OF RIVERSlI)E
RIVERSIDE
AMENDED ABSTRACT
SEP 3 0 2002
- A -B
!.
Jt{I
-c
NOT PRESENT
-D - E
0 AK
M. RICO
H. ~. HERNANDEZ COIRtSI:l FOR mFENDANT
CDP-~.
.. 1. W~NT
o
WM, OOWOEO
~L
COUNT
Of TI£ COMMISSItW OF THE RllOWlNl
1
(NUMBER OF PAGfS)
Sf.CTQj NUMBER
P
C=~
FEUNES lOR AlTERNATE FELONY/ MISIlEWANORS):
COONTS ARE LISTED !W ATIACHMENT COtl
PROBATKW NO. OR PRCtiATKW cmceR
VAN WAGENEN
CRIME
SENTENCE RELA~
~~----------~------~--~--.--r--r-~--~~---I~ .
U
MO
OAY
CONVICTED BY
U ~~.t
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a
i
~ P inci al X ~ 1"1 X
215(A)
44'9** '•••
P
§.
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,3 :~:~':,
4
i Is~iI! I~ill
i
.J
YEAR
!'ti
!i
5
I'RKIPAl OR CONSrnJT1VE TIME IMPOSED
YEARS M!M~
~
••e....•.
. 'C~ ;';;;
f
'"
2. ENHANCEMENTS Chlll1led and !ound uua TIED TO SPECIFIC COUNTS (mainly in 'the § 12022-!8ri8$, incJtJding WEAPONS. INJURY. LARGE AMOONTS Of COOROLLfD SUBSTAIUS. BAI STATUS. ETt.: ftJr each CWlI list Bnhancements horizonlially. Enler lime imposed lor each or 'S' fllf s!lye!! or rui:kan. DO NOT UST Bnh8llcemenls c"-1Ied bIIt not fOl6ld true or stricken lniar § 1385. Ac!d up time for anhancllltlants DI181th lin. and entar Ii,," total in riflhl·n.oo collm
Y~Dr'S' ,,',
:
Yrs or'S'
Enn.nclll1llnt
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Y~or'S'
Enroif1COlJlOnl
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Enh.ntemOnt
ib/"
,
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"~
3. EMWaMENTS
charged and fcrurod \rile fill PRIOO CONVICT1!WSIII PRill! PRiS~ TERMS (1IlIin1y § 661·sari8$' and OTHER. . Lis1 I &nhanaImInts based on priM convictions or prior ~son t.nns cn.rgerlaoo round tIUI. /I 2 or more undo< the sane repeo eadl &1hanteme, (E.g~ If 2 non·yrDlenl Plior pnslIl1 18rms t!J1der § 687.5tb) ist § 667.5(b) 2 limn). Emer tin imposod for each or'S' lor stJyed Dr striclaln. 00 I«JT UST enha0c2lll1nlS ~ but not foo.nd true 0 stridcan IIIIier § 1385. Add tim. In me.. IIIlhantemants and anter lotal in right·har..d column. Also 81\1IIr lIllY other onhanl:ement not provided for in spica 2.
"'11
EnhlncEment
Yrs Of 'S'
EnhenclllT1lll1t
Yrsor'S'
EnhlntH11lnt
Yrsor'S'
Enhancemenl
Yrl Of
'S'
4. IM:OMf'lfTED SENTENCE(S) CctlSECUT1VE:
Yrs or 'S'
tnhancsmilrit
Yrl-or'S'
Enhan:!ment - .EJih.lt!inam
--
¥Is or'S'
Enhancement
Yrs or'S'
btal
Yrsor '5"
Enhancam.nt
Yrs or'S'
TotII
5. QTI{ER IlIttRS
Pay RRstitution Fine pursuant Addition.l Parole Restitution SRe attachment page
!:REIJT FOR TIME SERVED
CASE NUMBER
COtMY
EnhooCllTlllnt
u•• Idditionll
II"M!J
to 1202.4( Fine impo5
of plain paper if llEICB •••• fy.
6. TOTAl TIME IMPOSED ON ALL ATTACHMENT PASES IF(J!M DSl 2OO·A): 7. TIME STAYED TO COMPLY WITH 5·VEAR III 10·YEAR LIMIT ON SUBORIlNATE TERMS, DOOBtE·BM,ED·TERM LIMIT. ETC. (Do not irdJla
§ 654 stays or discretmary
stays of IBrm for enhill1csmsnts.)
,4
8. TOTAl TERM IMPOSEO: 9. EXEClJTl()j OF SENTEfa A.
[j AT IHfTlAl SENTENCIN1l HEARNl
10. DATE Of SENTEIa (to'D) (DAy) (VR)
PAONOIJIIC£D
09 ~7 02
·11. MFFMWII.JS...lIEMANWl
r*t RJlTHWlTH
..-........
IMPOSED: B.
0
c.
AT RESENTENCING PU1ISUANT TO OEClO ON APPEAl CREDIT FOR
0
TOTAL DAYS
~~~
3&1
AT RESENTEP.ONG PlllSUANT TO Rl:CAU Of COMMTME NT (PC §1170Id)
AfTER REWCATIIW (J' I'IlOBAroN
t«:LUIlMl:
ACTUAl lOCAl TIM!: 3~1
lOCAl CfHlU~ CREcrn>
E.
lh
r.AII~ INjrrm ITIfW ~t1R
~
"'61
u:
UCNI'AI
OTHER
_
STATE INSTITUTKlNS
50
rwlH
TO 1lt: CUSTlIl'r OF THE SHERI'FJ TO ~ mLIVE,REO: MO THE CUrnlOY Of
0
r-t
('I.IIC
l&it'TtTUTII')6,
coc
o
AFTER 48 HOURS. EXClll!lNG SATURDAY:;. SUNDAYS AND HOlIDAYS
THE DIRECTOR OF COfIRECTKlNS AT T!!f RE~pnDN-GU)!)AH~ CEHTER.LOCAltD Al:
WOMEN • FRONTERA
.. 8 OTHER (SPECFY)
•.•...•fAClllT y . VACAVllIf
o SAN nUENnN
'-'
FOR MfN . CHINO _
Cl I hereby certify the foregoing to be a correct abstract of the jud
09/30/021 be used 001 must be refelled to in [his dOClJmsnt form MJ,IIII by tlw
Pon.c. 12
.uti
DISTRIBUTION:
Plr-IK COPY-C01.JlT FILE
YELlOW CO'Y·OEPARTMENT Of CORRECTIONS
WHITE COPY·ADMINISTRATIVE OfFICE OF THE COURT
(!l~a:mbU5 of
~li.o5
w- ~£rmtnO£~
Jjuoge of tIle ~uperior
4100 2llffain ffi\treet J1{ioersioe,
II
(909) 955-1603
(!loud
Jlfax (9D9) 955-4D56
~up£rinr
([nurt n£ ([aH£nrnia
([.oun±tr rrf ~i&£r5io£
February 5, 2003
Ms. Rosemary Lyn... n Ybarra W96113 1.134Low N.C.W.F. P.O. Box 213022 Stockton, CA 95213 Re: People vs. Rosemary LYIll1Ybarra, Case
o. RlF099956
Dear Ms. Ybarra: The Court received your undated letter on January 17, 200". You had '0 1) 85 percent or 80 percent credits, and 2) credit for time spent in cus ody (C'I ). You pled guilty to one count of carjacking (215 P.e.) and two oun degree burglary (459 P.e.), all felonies. You were sentenced to ix years. fo state prison. Pursuant to 2933.1 P.C., your maximum possible credi ar 1 Your CTS as of the date of sentencing was 331 + 50 for a figure is correct.
0
a1 of
0
1 U
ond months in rent.
1 da
'So
That
Hffi:lh Enelosme cc: Stephen P. Foley, Deputy District Jeffrey A. Van Wagenen, Attome
1
rtorney for Defe TIe:~t
·t1
·1~ ~, . •1'
~
". . ~,'
.
. •
.
GROVER TRASK
2
District Attorney
3
County of Riverside
4
4075 Main Street, First Floor
5
Riverside, California 92501
6
Telephone: (909) 955-5400
Arraign: 1130102
[F 0 0= 12
COUNTY OF RIVERSIDf
Jp.N 2 9 Z002
7 8
[0)
SUPERiOR COURT OF C!\UFORNI.t'i,
CCc@W)1 IJ,
9
SUPERIOR COURT OF CALlFOR.NIA
10 11
COUNTY OF RIVERSIDE
12
(Riverside)
1 i
14
THE PEOPLE
OF THE STATE OF CALIFORNIA,
15
NO. RIF099956
Plaintiff,
16
INFORMA
v.
TION
17 18
MONICA FLORES
AGENCY#:
1A
ROSEW1i\RY L}:
W.•.AJOR CRIMES :DIVISION
1:1
20
ER01280018IRSDE
GANGS
21
Defendants.
22 23
COUNT 1
24
The District Attorney of the County of Riverside hereby accuses MONICA FLORES
25
and ROSEMARY LYNN YBARRA of a violation of Penal Code section 215, subdivision (a), a
26
felony, in that on or about October 7, 2001, in the County of Riverside, State of California, they
27
did wilfully and unlawfully and by means of force and fear take a motor vehicle from the
28
person, possession, and immediate presence of another, to wit: JEREMIAH BUEBE, with the
29
intent to deprive such other person of possession of the motor vehicle.
30
~
I
1
i
J ~
The District Attorney of the County of Riverside further charges that the defendants,
31
MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinabove
32
set forth in count 1 of the information for the benefit of, at the direction of, and in association
33
with a criminal street gang with the specific intent to promote, further and assist in any criminal
34
conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),
35
subsection (4), subparagraph (c).
36
/II
GROVER TRASK DISTRICT ATTORNEY C()Unty
or
Riverside
State of Catifomia
1
1
COUNT 2
2
For a further and separate cause of action, being a different offense from but connected
3
in its commission with the charge set forth in count 1 hereof, the District Attorney of the
4
County of Riverside hereby accuses MONICA FLORES and ROSEMARY LYNN YBARRA
5
of a violation of Penal Code section 245, subdivision (a), subsection (1), a felony, in that on or
6
about October 7,2001, in the County of Riverside, State of California, they did wilfully and
7
unlawfully commit an assault upon JEREMIAH BUEBE, with a deadly weapon other than a
8
firearm, to wit: a TIRE IRON, and by means of force likely to produce great bodily injury.
9
. The District Attorney of the County of Riverside further charges that in the commission
10
of the offense hereinabove set forth in count 2 of the information, the said defendants,
11
MONICA FLORES and ROSEMARY LYNN YBARRA, personally inflicted great bodily
12
injury upon JEREMIAH BUEBE, not an accomplice to the above offense, within the meaning of Penai Code sections 12022.7, subdivision (a) and 1192.7, subdivision (c), subsection (8).
14 15 16
_
The District Attorney of the County of Riverside further charges that the defendants, MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinabove set forth in count 2 of the information for the benefit of, -at the direction of, and in association
17
with a criminal street gang with the specific intent to promote, further and assist in any criminal
18
conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),
19 20
subsection (4), subparagraph (c). COUNT 3
21
For a further and separate cause of action, being a different offense from but connected
22
in its commission with the charges set forth in counts 1 and 2 hereof, the District Attorney of
23
the County of Riverside hereby accuses MONICA FLORES and ROSEMARY LYNN
24
YBARRA of a violation of Penal Code section 459, a felony, in that on or about October 7,
25
2001, in the County of Riverside, State of California, they did wilfully and unlawfully enter a
26
certain building located at 16880 SLOVER AVENUE, FONTANA, with intent to commit theft
27
and a felony.
28
The District Attorney of the County of Riverside further charges that the defendants,
29
MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinabove
30
set forth in count 3 of the information for the benefit of, at the direction of, and in association
31
with a criminal street gang with the specific intent to promote, further ann. assist in any criminal
32 33 34
conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b), subsection (1). //1
35
//1
36
//1
GROVER TRASK DISTRICT ATIORNEV County of Riverside State of California
2
1
COUNT 4
2
For a further and separate cause of action, being a different offense from but connected
3
in its commission with the charges set forth in counts 1 through 3 hereof, the District Attorney
4
of the County of Riverside hereby accuses MONICA FLORES and ROSEMARY LYNN
5
YBARRA of a violation of Penal Code section 459, a felony; in that on or about October 7,
6
2001, in the County of Riverside, State of California, they did wilfully and unlawfully enter a
7
certain building located at 200 PROTOLA AVENUNE, PALM DESERT, with intent to
8
commit theft and a felony.
9 10 11
The District Attorney of the County of Riverside further charges that the defendants, MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinabove set forth in count 4 of the information for the benefit of, at the direction of, and in association
12
with a criminal street gang with the specific intent to promote, further and assist in any criminal
13
conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),
14
subsection (1).
15
COUNT 5
16
17 18
For a further and separate cause of action, being a different offense from but connected in its commission with the charges set forth in counts 1'through 4 hereof, the District Attorney ofthe County of Riverside hereby accuses MONICA FLORES and ROSEMARY LYNN
19
YBARRA of a violation of Penal Code section 459, a felony, in that on or about October 7,
20
2001, in the County of Riverside, State of California, they did wilfully and unlawfully enter a
21
certain building located at 40100 WASHINGTON AVENUE, BERMUDA DUNES with intent
22
to commit theft and a felony,
23 24 25
The District Attorney of the County of Riverside further charges that the defendants, MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinabove set forth in count 5 of the information for the benefit of, at the direction of, and in association
26
with a criminal street gang with the specific intent to promote, further and assist in any criminal
27
conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),
28
subsection (1).
29 30 31 32 33 34 35
36
JMD:psc
GROVER TR;\SK DISTRICT ATTOllNEY County of Riverside State
or Cnlifornin
3
1
GROVER TRASK
2
District Attorney
3
County of Riverside
4
4075 Main Street, First Floor
5
Riverside, California 92501
6
Telephone: (909) 955-5400
Arraign: 1130/02
JAN 2 9 2002
7 8
):f
\l5)
9
tr SUPERIOR
10 11
-.,.--_ ( )URT OF CALIFORNIA
I~'~ f!,~" n~
COUN' Y OF RIVERSIDE (Riverside)
12
!
"~'/i'·l.~:'{,tA ~ L~
. C Ei~~~
~r.L
13 14
THE PEOPLE
OF THE STATE OF C LIFORNIA,
15
NO. RIF099956
Plaintiff,
16
v.
INFORMATION
17
-
.
18
MONICAFL
AGENCY#:
19
ROSEMARY LYNN YBARRA,
MAJOR CRIMES DIVISION
20
ER01280018IRSDE
GANGS
21
Defendants.
22 23
CO
24
The District Attorney of the County of Riverside hereby accuses M. NICA FLORES
25
and ROSEMARY LYNN YBARRA of a violation of Penal Code section 215, subdivision (a), a
26
felony, in that on or about October 7, 2001 in the County of Riverside, State of California, they
27
did wilfully and unlawfully and by means of force and fear take a motor vehicle from the
28
person, possession, and immediate presence of another, to wit: JEREMIAH BUEBE, with the
29
intent to deprive such other person of possession of the motor vehicle.
30
) ,, !
GROVER OI~TRlcr County SI~lIe
The District Attorney of the County of Riverside further charges that the defendants,
31
MONICA FLORES and ROSEMARY L
32
set forth in count 1 of the information for the benefit of, at the direction of, and in association
33
with a criminal street gang with the specific intent to promote, further and assist in any criminal
34
conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),
35
subsection (4), subparagraph (c).
36
/11
TRASK
,,"TOIlNEY uf
T1
Riverside
LJ / /
I'
C
d,-'I
of Cltlifurnin
r:
JJ{L,i..-l~'
I'
i'/·
f
C
('0
J',./ ,!-~.,'.'1/// . --J ~ pf
YBARRA, committed the offense hereinabove
1
1
Ct ,'_
Ii ri-, t / 1/
2 II
3/(.>
2
1
.aUNT 2
2
For a further and separate cause of action, being a different offense from but connected
3
in its commission with the charge set forth i-i count 1 hereof, the District Attorney of the
4
County of Riverside hereby accuses MONJ('A FLORES and ROSEMARY LYNN YBARRA
5
ofa violation of Penal Code section 245, su -division (a), subsection (1), a felony, in that on or
6
about October 7, 2001, in the County of Riv erside, State of California, they did wilfully and
7
unlawfully commit an assault upon JEREMlAH BUEBE, with a deadly weapon other than a
8
firearm, to wit: a TIRE IRON, and by mean~' of force likely to produce great bodily injury.
9 10 11
The District Attorney of the County «f Riverside further charges that in the commission of the offense hereinabove set forth in count 2 of the information, the said defendants, MONICA FLORES and ROSEMARY LYNN YBARRA, personally inflicted great bodily
12
injury upon JEREMIAH BUEBE, not an accomplice to the above offense, within the meaning
13
of Penal Code sections 12022.7, subdivision (a) and 1192.7, subdivision (c), subsection (8).
14
The District Attorney of the County of Riverside further charges that the defendants,
15
MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinabove
16
set forth in count 2 of the information for the benefit of, at the direction of, and in association
17
with a criminal street gang with the specific intent to promote, further and assist in any criminal
18
conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),
19
subsection (4), subparagraph (c).
20
COUNT 3
21
For a further and separate cause of action, being a different offense from but connected
22
in its commission with the charges set forth in counts 1 and 2 hereof, the District Attorney of
23
the County of Riverside hereby accuses MONICA FLORES and ROSEMARY LYNN
24
YBARRA ofa violation of Penal Code section 459, a felony, in that on or about October 7,
25
2001, in the County of Riverside, State of California, they did wilfully and unlawfully enter a
26
certain building located at 16880 SLOVER AVENUE, Fa
27
and a felony.
28
The District Attorney of the County of Riverside further charges that the defendants,
29
MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinabove
30
set forth in count 3 of the information for the benefit of, at the direction of, and in association
31
with a criminal street gang with the specific intent to promote, further and assist in any criminal
32
conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),
33
subsection (1).
34
11/ 11/ 11/
35 36 GROVER TRASK DISTiller ""TORNEY ('OUIIIY SI:IHo
of Riverside of C:llifornifl
TANA, with intent to commit theft
2
1
COUNT 4
2 3 4 5 6 7 8
For a further and separate cause of action, being
11 12 13 14
of the County of Riverside hereby accuses MONICA FLORES and ROSEMARY LYNN YBARRA of a violation of Penal Code section 459, a felony, in that on or about October 7, 2001, in the County of Riverside, State of California, they did wilfully and unlawfully enter a certain building located at 200 PROTOLA AVENUNE, PALM DESERT, with intent to commit theft and a felony. The District Attorney of the County of Riverside further charges that the defendants, MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinabove set forth in count 4 of the information for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote, further and assist in any criminal conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b), subsection (1).
15
",aUNT 5
16 17 18 19 20 21 22
For a further and separate cause of ction, being a different offense from but connected in its commission with the charges set for: 1 in counts 1 through 4 hereof, the District Attorney of the County of Riverside hereby accuse.' MONICA FLORES and ROSEMARY LYNN YBARRA of a violation of Penal Code se ·tion 459, a felony, in that on or about October 7, 2001, in the County of Riverside, State of ~alifornia, they did wilfully and unlawfully enter a certain building located at 40100 WASHD ~GTON AVENUE, BERMUDA DUNES with intent to commit theft and a felony.
23 24 25
The District Attorney of the Count v of Riverside further charges that the defendants, MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinabove set forth in count 5 of the information for the benefit of, at the direction of, and in association
26
with a criminal street gang with the specific intent to promote, further and assist in any criminal
27
conduct by gang members, within the mer.. ing of Penal Code section 186.22, subdivision (b),
28
subsection (1).
29
GRO ER TRASK District Att~y
30 31
«>.
32
~v,
33 35 36
JMD:psc
GROVER TRASK n1STRrcr AlTORNEY County of Ili versidc Cnlifornin
./
JOHNM. AVIS Supervising Deputy District Attorney
34
Strut! of
different offense from but connected
in its commission with the charges set forth in counts 1 through 3 hereof, the District Attorney
9 10
H
3
1
GROVER
2 3
District Attorney
4
4075 Main Street, First Floor
5
Riverside,
6
Telephone:
7
State Bar No.: 132579
TRASK
County of Riverside
California
92501
JP,N 2 9 2002
(909) 955-5400
8 9 10 11
SUPERIOR
COURT OF CA1,IFORNIA
12
COUNTY OF RIVERSIDE
13
(Riverside)
.
I fl ~ t;~ ~n ~i~
.., Lid b~,;
14 15
THE
PEOPLE
OF THE
STATE
OF CALIFORNIA,
16
Plaintiff,
17
18
Case No. RIF099956 REQUESTIMOTION
v. MONICA
PROSECUTION
DISCOVERY
(Pen. Code, §§ 1054.3,
FLORES
19 20
FOR
10S4.S(a) & (b).) ROSEMARY
LYNN YBARRA
Estimated
Time:
10 mins.
21
22 23
Defendants.
24 25 26 27
TO: THE HONORABLE TO COUNSEL PLEASE
JUDGE OF THE SUPERIOR
FOR ABOVE-NAMED BE INFORMED
that the Office of the District Attorney
acting on behalf of the Plaintiff, the People of the State of California,
29
discovery/disclosure
30
pursuant
32
33 34 35 36
of the following
items from the defendants
1. The names and addresses
of Riverside
County,
hereby requests/moves
and counsels
intend to call as witnesses
of persons, other than the defendants,
for
in this case,
2. Any relevant written or recorded reports of the statement
counsels or defendants
at trial; statements
of the persons in No.1
above and/or
of such persons;
3. Any reports or statement not limited to, the results of physical
of experts made in connection or mental examinations,
A lTOnNEY
Slah: of ('lIlifurni:1
Branch, AND
to Penal Code section 1054.3(a) and (b):
CR()VEI~ THASK
Cuuury of Itivt'l"sidc
Riverside
DEFENDANTS:
28
31
I)JSTUJcr
COURT,
4
with this case, including,
scientific
tests, experiments,
but or
1
comparisons which the defendant or counsel intend to offer as evidence at the trial of this case;
2
and
3 4 5
4. Any "real", i.e., tangible or physical evidence which the defendant or counsel intends to offer in evidence at the trial. PLEASE TAKE NOTE that pursuant to the provisions of Penal Code section 1054.5(b) if
6
the above material and information requested is not provided to counsel for the plaintiff within 15
7
days of this request a court order will be sought.to promptly enforce the provisions of Penal Code
8
section 1054.3.
9
Dated: January 26, 2002
10 11
Respectfully submitted,
12 13
GROVER TRASK
14
District Atto~~
15 16 ~~~
17 18
/
JOHN /.1.DAVIS
19
,r
Supervising Deputy District Attorney
20 21
JMD:psc
22 23 24 25 26 27 28
29 30 -31 32 33 34 35 36 GROVER TRASK nrSTRICT
"rroRNF.Y
County of Riverside State
of
CalifOnlill
5
..
SUPERIOR
COURT OF CALIFORNIA
su{l!loD [b ~
COUNTY OF RIVERSIDE
[Q)
R COURT OF CA COUNTY OF ~vERs7~~RNIA
JAN
PEOPLE OF THE STATE OF CALJFORNIA,
IJ, 2002
,-C~lh
Plaintiff,
CASE NO. RIFO~ovs. MONICA FLORES, ROSEMARY LYNN YBARRA, Defendants.
REPORTER'S
TRANSC UPT
Honorable
OF PRELIMINARY
Vjlia G. Sherman, Jal'uary 16, 2002 D( oartment 62
HEARING
Judge
APPEARANCES: For the People:
OFFICE OF THE DISTRICT ATTORNEY BY: MICHAEL KERSSE, Deputy 4075 Main Street Riverside, California 92501
For Defendant
EARL CARTER & ASSOCIATES Attorneys at Law BY: HENRY J. SNOW 308 North Riverside Avenue, Rialto, California 92376
For Defendant
Reported
by:
Flores:
Ybarra:
WILLIAM BARNETT Attorney at Law 3891 Tenth Street Riverside, California
Suite 1-K
92501
SHARI L. LAYTON, C.S.R. No. 6256 Official Court Reporter Riverside County Superior Court
~),
.
:. ;
___ __
•••
oJ
•
~
Jl
f
I N D E X PEOPLE'S
WITNESSES:
JAVIER RODRIGUEZ Direct Examination by Mr. Kersse Cross-Examination by Mr. Snow Cross-Examination by Mr. Barnett RONALD GARCIA Direct Examination by Mr. Kersse Cross-Examination by Mr. Snow Cross-Examination by Mr. Barnett BRETT JOHNSON Direct Examination by Mr. Kersse Cross-Examination by Mr. Snow CrOSS-Examination by Mr. Barnett
PAGE:
2
16 17
21 34
37
42 47 48
1
WEDNESDAY,
2
BEFORE
JANUARY
16, 2002, RIVERSIDE,
THE HON. VILlA G. SHERM'\N, JUDGE, DEPT.
3
THE COURT: Ybarra
and Monica
whols
sitting
RIF099956.
William
Barnett
in the box farthest
for Rosemary
from the Court.
Henry Snow for Monica
MR. KERSSE: appearing
Good morning,
for the People.
12
THE COURT:
13
MR. SNOW:
14
THE COURT:
Okay.
15
MR. KERSSE:
No.
16
Rosemary
Ybarra,
'
Flores,
whols present
in court in custody.
10 11
Flores,
MR. SNOW:
8
9
On the record in People versus
MR. BARNETT:
6
7
62
---000---
4
5
CALIFORNIA
Your Honor.
Michael
Welre ready for prelim.
All right.
Any potential
for resolution?
Not at this time, Your Honor.
The defenrtants are charged
with life
crimes. THE COURT:
18
MR. KERSSE:
19
THE COURT:
I always ask, full of hope, however.
20
All right.
Any preprelim
21
MR. BARNETT:
22
MR. KERSSE:
23
three witnesses.
24
Deputy
25
investigating
26
witness.
27
Garcia,
I
Yes.
motions?
Exclude witnesses. Your Honor,
Deputy Rodriguez
the People are going
to have
wiJI be my first witness,
who 11m going to be asked to be designated officer,
THE COURT: remain
There usually
.i r-n t when that happens.
17
28
Kersse
outside.
my
and Deputy Johnson will be my third
All right.
And any potential
Deputy
Johnson
witnesses
is asked to
will remain
1
1
outside.
Deputy
Garcia wilL be appointed
2
And you may call Jour
3
MR. KERSSE:
4
People call Deputy Rodriguez.
5
THE CLERK:
you shall give in this matt~r
7
truth,
9
THE CLERK: Please
11
so help you God?
I do. Than~ you.
Please be seated.
state your full name, spelling
THE WITNESS: namels
Rodriguez,
THE COURT:
15
MR. KERSSE:
First namels Javier,
first and
J-a-v-i-e-r,
last
Go ahead, Mr. Kersse.
16
Thank you, Your Honor. JAVIER RODRIGUEZ,
17
called
18
first duly sworn, was examined
as a witness
by and on behalf of the People,
19
and testified
having been
as follows:
DIRECT EXAMINATION BY MR. KERSSE:
21
Q
Good morning,
22
A
Good morning.
23
Q
Deputy,
24
A
11m a deputy
25
Q
And by whom are you employed?
26
A
By the Riverside
27
Q
And how long have you been a deputy
28
your
R-o-d-r-i-g-u-e-z.
14
20
the whole
last name for the record.
12 13
state that the evidence
shall be the truth,
but the truth,
THE WITNESS:
10
first witness.
You do solemnly
8
officer.
Thank you, Your Honor.
6
and nothing
investigating
Riverside
deputy.
what's your occupation?
Sheriff's
sheriff.
County Sheriff's
Department. sheriff with
Office?
2
1
A
For the last t.h r e.e years.
2
Q
Did you attend t hr- academy before
3
a police
officer?
4
A
Yes, I did.
5
Q
And at the academy
6
the investigation
7
by POST? A
Yes, I did.
9
Q
Were you working
on Sunday,
did you take and pass a course
and testifying
8
10
becoming
October
at preliminary
in your capacity
hearings
as a deputy
A
Yes, I was.
12
Q
And at that time on that day did you respond
Queen
in Rubidoux,
Mission
A
Yes, I did.
15
Q
And when you resp0nded
name of Jeremiah,
sheriff
to Donut
Boulevard?
14
16
given.
the 7th, 2001?
11
13
did you contact
common spelling,
a person
last name Buebe,
by the
B-u-e-b-e?
17
A
Yes.
18
Q
And tell us what you saw when you arrived
at that
When I arrived
down.
19
20
in
location. A
there,
I
saw a man sitting
He
21
had, like, a white shirt on top of his head, and I saw, like, a
22
lot of blood on top of his head.
23
Q
And that was Mr. Jeremiah
24
A
Yes.
25
Q
"Buebe"?
26
A
Yes, I think so.
27
Q
"Buebe."
28
A
"Buebe."
He identifi_d
Buebe?
himself
as Jeremiah
Buebe.
I'm not sure.
There you go.
French.
3
Q
1
2
Preferable
And were you able to at that time determine
A
At that point
I saw a big gash on the top of his
6
head.
7
which
8
treat him, because
9
coming
from the top of his head.
10
injury
as far as internal
11
Q
Were you with the victim
12
A
Yes.
As soon as I got there, is paramedics,
Q
15
to determine
16
A
17
head, which
18
Q
at that point
I just saw a lot of blood I didn't know what kind of
he might have been having.
followed
later on at the hospital? along with the ambulance
And when he was treated at the hospital, the extent of his injuries
Yeah.
to
I think required
were you able
at that point?
At that p()int he had a laceration
on top of his
-- I think it was seven stitches.
And were there any other injuries
A
He complained
pain to his head.
22
from when
23
from.
26
for AMR,
to come on scene so they could hurry up and
I actually
21
25
radioed
to his body apart
from the gash to his head?
20
24
I immediately
the hospital.
14
19
the extent
of his injuries?
5
13
I was giving
it.
3 4
to the other pronunciation
Q
of, like, headache.
He had numerous
-- and then he kind of told me where he got those
those injuries
How did he tell you
were received?
At first he was like -- because
27
what other
28
hands.
of
marks on his -- on his arms
Let's go to that aspect now.
A
He complained
injuries
do you have, I noticed
when I was asking him he had marks on his
And that's when he looked down, and he was like, I must
4
1
have gotten
those from when, you know, the people
2
me were like
3
Q
So the victim
4
A
Yes.
5
Q
Did he tell you how that attack happened?
6
A
Yes.
his words were like throwing
--
punches
He said he drove on a street, which he didn't
know the name at the time, and he was approached
8
he was sitting
10
Q
at him.
told you he was attacked?
7
9
that attacked
by a man while
in the car.
Okay.
I
think it's going to be easier
if we go back
and do it chronologically.
11
A
Okay.
12
Q
Did he tell you why he was over in the Rubidoux
13 14
In the first place? Yeah.
A
15
herself
16
contacted
17
people
18 19
Q
He had met a female who originally
on the phone as Maria. through what's
introduced
-- they were
called like a party line.
call this phone number Okay.
He contacted
Mainly
and people meet through
there.
So he told you he met a female by the name of
Maria on a party phone line?
20
A
Right.
21
Q
And when he met her on that party phone
22
area
line, what did
he tell you transpired?
23
A
24
herself
25
my real name, which is Monica."
26
to meet up on a certain
27
Q
28
October
After
a few conversations,
as Maria told him,
the girl who identified
"You know what,
start calling
And at that point
me by
they decided
date.
And with respect
to the early hours of Sunday morning,
7th, when was that meeting
with this person
now known as
5
1
Monica
2
A
3
around
to take place? They were supposed 12:00 or 1 o'clock
to meet sometime
Q
And what time was it you contacted
5
A
I contacted
7
8 9
either
in the morning.
4
6
that night,
him?
him, I want to say, 2:18, 2:17 in the
morning. Q
Okay.
Now, did he tell you what happened
when he met
Monica? A
When he met Monica,
he showed up at the house,
10
was in the unincorporated
area of Highgrove.
11
street,
on Transit,
is almost
12
towards
the end of the block,
13
female.
which
which
He met her on a
-- the house
is almost
and she was accompanied
by another
14
Q
NOw, how did he get to the location
15
A
He was given directions
16
Q
What I meant by that, did he catch the bus, was he
17
by Monica.
walking?
18
A
Oh, he took his Honda Accord.
19
Q
Okay.
20
A
Right.
21
Q
He was driving
22
A
Right.
23
Q
And after he met Monica
24
on Transit?
a 2000 Honda Accord?
Registered
you what her friend's
under his name. and her friend,
did he tell
name was?
25
A
26
told or not.
27
Q
Did he give you a description
28
A
Yes.
He didn't know
-
-
he couldn't
remember
He only knew how to describe
if her name was
what she looked
like.
of what she looked
like?
6
1
Q
What was the description?
2
A
I think he said she was about 5'11".
3
He said she was
very big, and he used the word she was about 300 pounds.
4
Q
And was he able to give you a description
5
A
Yes, he
he described
actually,
7
shoulder-length
8
that stood out was that fact that he said she had a piercing
9
underneath
11 12
Q
hair, being,
what happened
at the address
A
having
I think he said black.
And the one
her lip. NOW,
females
females, Monica
-- both of them,
6
10
as being Hispanic
her as being
of Monica?
after he met these two Hispanic
on Transit?
When he met them, he said that Monica
had asked him if
13
he would mind if her friend would come with them, because
14
didn't
15
she didn't
16
17 18 19 20 21
feel comfortable
Q
being with him because
she
of the fact that
really know him. And did the three of them then leave th~t location
on
Transit? A
Yes.
Monica
had asked the victim,
Jeremiah,
if they
could drive the friend back home to Rubidoux. Q
And did Jeremiah
first location
tell you where they went from that
where the second location
22
A
Actually,
he was in my police
23
Q
Okay.
24
A
And we actually
took, and we drove from the Highgrove
26
exiting
27
Q
28
he described
Okay.
car.
took the trip that he believed
25
on Rubidoux
was?
he
area to the Rubidoux
area,
Boulevard.
And the second location,
can you describe
what
to you as it was?
7
A
1
In the beginning
he had described
to me that he didn't
2
remember
where the street was, but he remembered
3
a large field that was there on the street.
4
down there, we were going southbound
5
then he said, you know, make a right here, make a right here.
6
And that street was, I want to say, 34th Street.
7
Q
Okay.
8
A
And then we went westbound
9
10
So when we drove
on Rubidoux
on 34th.
report.
It's either
Q
Pioneer?
12
A
Pioneer.
It's in my
Pontiac or --
He said,
"That's the field.
there on the corner of Pioneer and 34th there's
14
field.
15
Q
And is that where he stopped
16
A
That's where he said,
17
left."
"I
19
right there on Pioneer,
20
stopped
originally
21
females
and --
And right
II
a big, vacant
the car?
think this is where
So that's where he said he believed
18
and
And right when we
13
I made a
he made a left,
and that's where he believed
the vehicle
when both friends were in the car, or the two
And where was the female Monica
22
Q
Okay.
23
A
I believe
seated?
he said Monica was in the front and the
friend was in the back. Q
25
Okay.
26
Street by Pioneer
27
him?
28
Boulevard,
got to, I think it was -- I forgot the street name.
11
24
that there was
A
Yeah.
Now, when they stopped at this area on 34th and Pontiac,
did he tell you what happened
to
At that point he said the friend never got out
8
1 2 3
of the car and Q
When we're talking
about the large Hispanic
about the friend, we're
talking
female?
4
A
Right,
5
Q
Okay.
6
A
Didn't get out of the car, and I think they began to
7
smoke cigarettes
right.
or something.
8
Q
Okay.
9
A
And at that point he said he was approached
10
Hispanic
male by the driver's
by a
side door, which was ln the front.
11
Q
So he was seated on the driver's
12
A
Right.
13
Q
Was he able to tell you if the window was down, if the
14
door was open?
15
A
I
16
Q
And he was approached
17
A
Yes.
18
Q
What happened
19 20
think he said that the window was down.
A
Said he was
point he perceived
22
couldn't
23
only make out one word.
25
by a Hispanic
when the Hispanic
male contacted
Q
understand
the male started yelling
to be Spanish,
because
stuff,
at that
in his words he really
what the guy was ~aying.
He said he could
And what was the one word that Jeremiah
said he could
make out?
26
A
He said the only word he actually
27
Q
Okay.
28
male?
Jeremiah?
21
24
side?
other Hispanic
And was this Hispanic
heard was "holmes."
male alone or were there
males with him?
9
1 2
A
He said at the time that's the only Hispanic
he saw, and he attempted
to start the car and leave.
3
Q
Okay.
4
A
He said that he was grabbed
5
Was Jeremiah
able to start the car and leave?
Q
Okay.
7
A
And he said that within
8
view mirror,
9
people Q
10
A
seconds he looked
and he just saw, I believe
running Okay.
it was, four or five
of that
male?
He gave me a general
he said as far as making
14
wasn't
15
said he would.
description
a composite
of him.
At the time
of the person,
he probably
able to, but if he was ever to see that guy again,
16
Q
So just give me the general
17
A
Hispanic
18
multicolored,
19
Q males
in his rear
Was he able to give you a description
13
male.
descript~on
I think he was wearing
I think, like a Pendleton
Okay.
he
he gave you. a beanie,
shirt.
What about the other four or five Hispanic
that he saw in his rear view mirror?
21
A
22
really
He said at that time his mental thinking
frame, he wasn't
like that.
23
Q
Was he able to tell you what their ethnicity
24
A
Yes.
25
Q
Was he able to give you any description
26
the male
after his -- towards his car.
first Hispanic
12
20
by that suspect,
suspect.
6
11
male that
He knew they were Hispanic
was?
males. ln terms of if
they had any hair?
27
A
I don't remember.
28
Q
You don't remember?
10
1
Q
All the males?
2
A
Right.
3
Q
And was he able to tell you what he was being
A
He said at the time it just felt like fists; he was
4 5
with?
6
just being hit by fists.
7
remembered
8
was In the right hand.
9
Q
Right.
11
him to that location
13 14 15 16
17 18
a tire iron, and I think it
males were hitting
did he tell you what the two females who had taken were doing?
He said the one thing that stood out was the fact that
none of them looked, Q
like, alarmed.
When you say "none of them," I want you to be more
specific. A
Referring
to Monica?
lid probably
have to look at my report, because
not sure if he said Monica Q
Or both.
Okay.
19
MR. BARNETT:
20
THE COURT:
21
holding
NOw, while these Hispanic
on Jeremiah,
A
But the one thing that stood out, he
seeing one person
10
12
struck
Q
or both. You think
Move to strike. Overruled.
(By Mr. Kersse) who had accompanied
Let me ask you.
females
23
he say about them in terms of what was going on when this
24
beating
28
to that location,
what did
was happening?
A
He said -MR. SNOW:
26 27
Jeremiah
In terms of the
22
25
11m
Objection,
vague.
Nothingls
apparently
going on. THE COURT:
Sustained.
12
Q
1
2
Earlier you said that Jeremiah
A
That the females were in the car and they didnrt make
an attempt
to leave.
5
Q
Did they make any attempt
6
A
No.
7
to stop what was happening?
He said that none of them screamed,
none of them
said anything.
8
Q
Now, what happened
9
A
At that point he said he was scared
10
he started
to Jeremiah? for his life, so
to run.
11
Q
Okay.
12
A
So he began to run away, which he believed
13
Mission
14
Q
And what happened
15
A
When he started running
16
was towards
Boulevard.
men that were hitting
when he was running away? away, he could hear all those
him chasing him.
17
Q
And did they strike him when they were chasing
18
A
He said as soon as he started
19
tremendous
20
ground,
21
iron.
22 23 24
and that's where he believed
Q
running
him?
he felt this
pain on his head, and thatrs when he fell to the he was hit with a tire
And after he fell to the ground,
what happened
to
Jeremiah? A
He said as soon as he fell to the ground,
25
said he believed
26
stood up and he said,
27
just going
28
said
that the one thing that stood out to him was what?
3 4
(By Mr. Kersse)
Q
I think he
he was being hit again, but at that point he
to run."
"Well, you know, I'm in the army, so I'm So he ran.
And is that when he ran to the doughnut
shop?
13
1
A
2
passerby
3
the blood
4
Right.
who saw this man holding
Q
Okay.
he was running
6
to the ground?
8 9
10 11
A
No.
shop.
And there was a
the shirt to his head with all
coming out and he decided
5
7
He went to the doughnut
to call 911.
Did he tell you why that beating
stopped
away and he was struck with a tire iron and went
At that point
guess he just knew that they
I
stole his car. Q Jeremiah, A
Okay.
Once you had received
did you then do a follow-up Yes.
all this information
After he was done with his medical
13
me to Highgrove
14
he had took, and that way he could show me the house
15
originally
17
Hospital,
treatment
Riverside
Q
Community
Okay.
first location
that he had
And was he able to show you the location, when he contacted
Yes.
19
Q
And was that address
20
A
Yes, it was.
21
Q
And did you contact
22
A
Yes.
I
knocked
lady who identified
the person
that
named Monica?
569 Transit?
somebody
at that home?
on the front door, and I was met by a
herself
as being the mother
And was that lady Cecjlia
of Monica.
24
Q
Okay.
25
A
Yes, it was.
26
Q
And she told you that Ie was the mother
27
Flores? A
accompany
gone to.
A
28
at
so we could kind of like do the same route that
18
23
asked him if he would
I
from
investigation?
12
16
after
Guiterrez?
of Monica
Right.
14
1 2
Did you ask Monica
Q
mother
A
Yes, I did.
4
Q
And what did Monica
5
A
She immediately
who lives across the street.
7
Rosemary
Flores's
mother
tell you?
And I believe
her name was
Ybarra. Rosemary
Q
8
Ybarra.
Now, while you were at that home, did you collect
9
photographs
11
of Monica Yeah.
A
12
picture
13
who the pictures
14
daughter
15
picture
As I walked
through the house,
of two young Hispanic were of.
Priscilla,
females.
I noticed
a
So I asked the mother
And she said, well,
who was at the location,
of my daughter
any
Flores?
that's my
and that's
a
Monica.
16
Q
Did you show that photograph
17
A
Yes, I did.
18
Q
And did Jeremiah
identify
to Jeremiah?
the person
he contacted
he
knew as Monica?
20
21
had a
said, yes, she does, she has a friend
6
19
if Monica
friend who was heavyset?
3
10
Flores's
A
Yes, he did.
And, actually,
before
I even did that, I
asked the mom which one was Monica.
22
Q
Okay.
23
A
So she pointed
out which one she was to me.
24
that.
That way I knew if he pointed
25
immediately
26
Q
And he pointed
27
A
Right.
28
Q
And do you see that person
out who it was.
point out, "That's the girl that I picked to the person
that was Monica
So I did And he did up." Flores?
in court here today?
15
Just from the picture,
I mean,
1
A
2
yes, that's
3
Q
Well, which one?
4
A
Yeah.
6
Q
One on the right-hand
7
A
Yeah.
8
Q
But from the photograph
5
9
I would think that,
the one in front of me. There's
two in front of you.
It's going to be the one on the right-hand
side.
that Jeremiah
side?
I've never actually
seen her before.
and from the identification
made
10
A
Right.
11
Q
-- that appears
12
A
Right.
13
MR. KERSSE:
14
THE COURT:
15
Mr. Snow.
to you to be Monica
Flores?
No further questions. Who's going first?
16
CROSS-EXAMINATION
17
BY MR. SNOW:
18
Q
Good morning,
19
A
Good morning.
20
Q
May I ask you, have you had much experience
21
in investigating
Deputy Rodriguez.
other gang-related
22
MR. KERSSE:
23
THE COURT:
24
MR. SNOW:
25
defendant's
26
there's
27
either
28
than the inference
Objection, What's
violence
occurrences?
relevance.
the relevance?
I'm trying to get to the
what the
state of mind could have been at the time.
at least an inference of the defendants,
previously
Because
that there was no help offered
and there may be another
by
reason other
that they were participating.
16
1 2
THE COURT:
Well, what would his experience
have to do with that?
3
MR. SNOW: is perhaps
Well, what I'm trying
Honor,
5
this and be shocked by it and not do anything.
6
THE COURT: shock,
Do you have any medical
11
THE COURT:
12
MR. SNOW: have witnessed
14 Q photographs
17
moment,
18
head?
19
in dealing
with
A
The objection
thought.
who
is sustained.
Since we don't have the benefit -- of the victim's
injuries
of
at the
where that injury was on the vicitm's
I think it was -- probably
21
many people
these types of activities.
can you describe
but I thought
22
All right.
to the victim
20
have to look at my report,
it was to the top left section of his head,
I
I have to look at my report just to make sure. MR. SNOW:
I have nothing
further,
Your Honor.
Thank
you.
24
THE COURT:
25
28
in
No, Your Honor.
(By Mr. Snow)
16
27
training
He may have interviewed
THE COURT:
15
26
such as
shock? THE WITNESS:
23
an incident
Well, I don't think he's an expert
10
13
to witness
as far as I know.
8 9
it's possible
to get to, Your
4
7
ln gangs
Mr. Barnett. CROSS-EXAMINATION
BY MR. BARNETT:
Q
Jeremiah
got out of his car, there was the scuffle,
he was being hit, he started to run, got knocked
down again.
Is
17
1
that right?
2
A
3
Yes.
tremendous
He got knocked down after he felt like a
hit on the back
-- on his head.
4
Q
And he got up and kept running?
5
A
He got up, yeah.
That's actually
what I asked him was
6
how can you get up after being hit like that?
7
was, you.know,
8
So that's what he did.
9 10
Q
And his thing
I'm in the army for six years,
I know how to run.
Did he look back over to his shoulder
to see what was
taking place behind him?
11
A
You know, I think he might have.
But, actually,
12
think he told me he was so scared that he just wanted
13
of there. take his car or drive
I
to get out
14
Q
Did he see anybody
15
A
No, at that point he was just running
16
Q
So he had no idea when he got down to the doughnut
for his life.
17
shop, he had no idea where his car was or whether
18
stolen
19
A
or what had taken place;
20
familiar
21
was.
22 23
Q
Well, he believed
it away?
it had been
is that right?
it was stolen, but, yeah, he wasn't
with the area, so he really didn't know where
But he had no idea whether
the car might
the car
still be in
the same spot?
24
A
Right.
25
Q
He had no idea if it was stolen or not; is that right?
26
A
Well,
27 28
I mean, as soon as I arrived
thing he told me was, Q
on scene,
the first
"My car's stolen."
That's what he thought.
But did he see anything?
18
1
A
I would say no, because
2
Q
Was he pretty
A
When I got to him, he sounded
3 4
MR. KERSSE:
6
THE WITNESS:
7
THE COURT:
8
MR. BARNETT:
10
Q
13
with you when you first got to
I believe
also get some medical
that's a medical
We didn't go through
with
--
With that 115 qualification,
-- never mind.
did you
Strike that.
He's sitting on the curb, and he had the thing around his head, and you saw some blood. A
Yes.
Did he talk to you?
He gave me what I needed to find out right away.
Because
15
my concern
16
bulletin
17
the car if it's being driven away.
18
description
of the fact that he told me my car's stolen,
out so other deputies
in the area can attempt
--
to find
So he gave me a quick
of what happened.
Q
And then you followed
20
A
Right.
21
Q
And when the emergency
him any emergency A
I needed
at that point was to hurry up and get an all points
19
23
opinion.
Sustained.
14
22
in shock.
Sorry.
(By Mr. Barnett)
11 12
away.
him?
5
9
coherent
he was running
Yes.
treatment
him to the hospital,
people
got there, did they give
at the doughnut
The paramedics
that arrived
24
know, they put him on a gurney.
25
from his head.
26
they gave him kind of immediate
I'm not exactly
27
Q
Were you standing
28
A
Yes, I was standing
right?
shop? on scene, yeah, you
They cleaned most of the blood sure what they did, but, I mean,
by? by.
19
r
1
Q
Was he able to communicate
with these people?
2
A
Yes.
3
Q
Then after you followed him to the hospital,
4
chance
5
A
Yes.
6
Q
So this is just after he'd had the stitches
A
Right,
10
Q
They gave him a little local and stitched
11
that right?
12
A
7
13
to talk to him down there, didn't you? I stayed there, yeah.
right.
I was right there when that was being
done.
Yes.
one of those,
They gave him an injection like, direct anesthesia
And how long was he in the hospital?
15
A
God, I'd say maybe he was there probably
an hour, doctor
17
wound,
19 20
Q place, A
coming and going.
It was
ones.
Q
16
him up; is
to the head.
14
18
in his
head?
8 9
you got a
Mainly
about maybe
the nurse cleaned
the
and then the doctor came in and put the staples. So after he was there about an hour and all this took did he leave and go with you? Yeah.
At that point
I asked him I said, hey, you
21
know, because
I didn't know how he was feeling,
22
if he was willing
23
to pick up the female he knew as Monica,
and I asked him
to go with me and take the same route he took
24
Q
So he rode from the hospital
25
A
Right.
26
Q
-- out to Highgrove?
27
A
Right.
28
Q
And then on out to Rubidoux?
and he said sure.
--
20
1
A
Right.
2
Q
And then around
3 4
in Rubidoux
a little bit until you
found the street? A
Right.
5
MR. BARNETT:
6
THE COURT:
7
MR. KERSSE:
8
THE COURT:
9
THE WITNESS:
I have no further questions. Anything Nothing
11
THE COURT:
12
MR. KERSSE:
13
THE CLERK:
Thank you.
You're
the witness
left the stand.)
Your next witness. People call Detective You do solemnly
you shall give in this matter
15
truth,
Ron Garcia.
state that the evidence
shall be the truth, the whole
but the truth, so help you God?
16
THE WITNESS:
17
THE CLERK:
18
Please state your full name, spelling
19
I do. Thank you.
Please be seated. your
first and
last name for the record.
20
THE WITNESS:
21
THE COURT:
Ronald Garcia,
G-a-r-c-i-a.
Go ahead.
22
RO ALD GARCII ,
23
called
24
first duly sworn, was examined
as a witness
by and on behalf of the People,
25 26
excused.
Thank you.
14
and nothing
further, Your Honor.
All right.
(Whereupon,
10
else, Mr. Kersse?
and testified
having been
as follows:
DIRECT EXAMINATION BY MR. KERSSE:
27
Q
Good morning,
28
A
Good morning.
detective.
21
1
Q
What's your occupation?
2
A
Detective
3
Q
And how long have you been
4
A
A little over 15 years.
5
Q
Detective,
6
Deputy
Rodriguez
7
investigation?
with Riverside
County Sheriff's 0
did you receive
just testified
sworn peace officer?
the investigation
A
Yes, I have.
9
Q
And in the course of that investigation
contact
with Rosemary
Ybarra
A
Yes, I did.
12
Q
And do you see that person,
13
court today? A
Yes, I do.
15
Q
Would you please
16
A
She's sitting
identify
in the jury box.
the door with glasses
18
MR. KERSSE:
19
For the record, Your Honor, identified
21 22 23
Q
and her hair pulled
c~e's furthest back, wearing
Rosemary
the detective
Now, when you contacted
you to the station
has
her, did she
for an interview?
A
Yes.
25
Q
And prior to going to the station
did you explain
blue.
Ybarra.
24
26
towards
It will so reflect.
(By Mr. Kersse)
agree to accompany
here in
Thank you.
the defendant THE COURT:
Rose ary Ybarra,
hI r?
17
20
did you make
on Octob r the 17th, 2001?
11
14
that
to to do a follow-up
8
10
Department.
for an interview,
to her that she was not under arrest?
27
A
Yes.
28
Q
And that the interview
was wholly voluntarily?
22
1
A
Yes.
2
Q
Now, prior to going to the station,
3
Ybarra
show you a location
4
Jeremiah
in Rubidoux
A
Yes.
6
Q
Okay.
7
A
The area was in Rubidoux
Pioneer
9
10
where the assault
on
Buebe took place?
5
8
did Rosemary
And where was that location?
and Pontiac
Q
between
34th, 36th Street,
Street.
And after showing you that location,
on to the Jurupa
did you then go
station?
11
A
Yes.
12
Q
And did she tell you what ~er account was of that
13
evening
of October
the 7th, 2001?
14
A
Yes.
15
Q
Can you tell us what she t.rLd you?
16
A
She said that Monica had met an individual
17
party
18
individual
19
Sunday morning
20
the phone
chat linei during
21
at Monica's She wanted
22
she asked Monica
23
Rialto.
24
individual,
25
one of Monica's
26
Q
that time they had set up a meet.
had come over to the house late Saturday early.
through
The individual
the
This
night,
came as she was talking
on
house. to go to the city of Rialto.
She said that
to ask Mr. Buebe for a ride to the city of
She said that Monica
did not want to be alone with the
so they were going to Rubidoux friends
so Monica wouldn't
So did she tell you that Monica,
27
Jeremiah
28
we just discussed?
went in the car from Monica's
to pick up another be alone with Buebe. her, Rosemary,
and
home to the Rubidoux
area
23
1
A
Yes.
2
Q
And did she tell you if an assault
3
Jeremiah
happened
on
at that location? Yes.
They had dropped
4
A
5
block,
picked
6
seat.
Monica was sitting
7
stopped
on -- I don't believe
8
street,
Pontiac
9
investigation
up Monica
again.
off Monica,
drove aro
She ,·as sitting
_'
~:e
in t e rear
in the fro~t passenger's
seat.
_ ey
she wa:: real clear on whic
and Pioneer or they f!topped -- later in t e
it was Pontiac
that they stopped on.
10
Q
Okay.
11
A
And that's when later they were stopped by or a gr
12
of Hispanic
13
Q
14
happened
males approached
And Rosemary
the car.
said she had no involvement
in what
while Mr. Buebe was being assaulted?
15
A
Yes.
16
Q
And after the assault,
17
what did Rosemary
Ybarra
te
you then that she did?
18
A
19
scene.
Rosemary
Ybarra
said that she walked
away from the
20
Q
And how did she leave the area?
21
A
On foot.
22
Q
Did she tell you at that point that she got are
23
from someone
24
that location?
else or she called someb0dy
to get a ride away fro
25
A
Yes.
26
Q
So she did not at that point tell you that she got
27 28
D
into the car and went with Monica? A
That's
correct.
24 . , ,
"i
! :1 I
~
,
.
I,
,,
' !
.
1
2
ow, on October
Q
the 19th, 2C01,
A
Yes, I did.
4
Q
And do you see Monica
5
A
Yes.
6
Q
And would you point that person
7
please?
9
She's sitting
A
pulled
MR. KERSSE:
11
And, again, has identified
THE COURT:
13 14
15
Monica
Q
voluntary
out for the Court,
in blue.
for the record, Your Honor,
The record will so reflect. And did Monica
agree to go for a
at the station?
A
Yes.
17
Q
And prior to going to the station
location
19
Pontiac?
the detective
Flores.
16
18
to me, hair
Thank you.
(By Mr. Kersse) interview
Flores here in court toda ?
in the jury box closest
back, no glasses,
10
12
onica
Flores?
3
8
d i d you co __ act
did she identify
that we now know of over on 34th Street,
Pioneer
the
and
20
A
Yes.
21
Q
At the station did she tell you what her involvement
22
was in the assault
on Jeremiah?
23
A
At the station
24
Q
The first time.
25
A
The first time?
26
Q
Yeah.
27
A
Again,
28
Jeremiah
--
she initially
Buebe on a Wednesday
just reiterated through
the party
that she had line.
et
He had
25
1
come over with an individual
by the name of Danny.
2
up a meet about coming over.
She gave the phone
3
Danny
4
destroyed,
and Mr. Buebe, which was later destroyed after which
or to_d
I guess Buebe kept calling
6
Sunday morning,
7
actually
8
did not want to be with Buebe in an intimate
9
that time she pointed out Pioneer
11
of 36th Street,
12
for Buebe, because
er.
Monica
':'g:.~
and that's where the assault And during
to
said
-:~t
involvement
14
A
That's correct.
15
Q
Now, after the interview
which
is j st s
t
occurred. she de ..:'e· a:.
in the assault?
did you return Monica
F~ores
to her home on Transit?
17
A
Yes, I did.
18
Q
What happened
20
A
Detective
21
pulled
22
that
when you returned
to Monica
Flores's
home? Knudson
and myself
up in front of her residence,
"I can get in so much trouble
home.
for setting
this up."
24
did you do?
25
A
We then took her back to the Jurupa Valley
26
Q
And when you told her you were going back to the
A
she made that statement
did she make any statements
", e
and she made the state .e.. -
Q
station,
After
took Monica
23
28
s e
manner.
that first interview
13
27
early
r
out -- or prior to that she had
Street as to where they stopped,
Okay.
Q
be
and that's when they were going to R
look for girls
10
19
mber to them,
And he had him come over on late Saturday
5
16
They had set
to you, Detective,
;~.a-
sta· :.
to you at that time?
She said that she would only tell me what her
26
involvement
was regarding
setting up the assault
on Buebe.
When she said she would only tell about her
2
Q
3
involvement,
4
A
did she elaborate
upon that statement?
Well, that the setup was with the gang
est Side Riva,
5
which
is predominant
6
Right
there is known for West Side Riva gang members.
7
8
10
Did she, Monica
Q
involved
9
in that Pontiac/Pioneer/34th/36th
Flores,
She used the statement
Okay.
Q
"Iiomey ,
\I
and, I believe,
When you went back to the station,
Monica
13
A
Yes.
14
Q
And did she appear
Flores her Miranda
es,
did yo
read
rights?
to understand
and waive
those
rights?
16
A
Yes.
17
Q
And then did you discuss,
.
.
Vls-a-VlS
the assault
19
A
Yes.
20
Q
Okay.
21
t_~ gang
it was West Side Riva gang.
12
18
identify
as West Side Riva as a collective?
A
11
15
specifically
area.
once again, what ha
e __ ed
on Jeremiah?
What did she tell you about sett':" _9
__e
",': o ,e
thing up?
22
Well, she said that Buebe kept calli g ,er.
A
s:_e ,"~ •a.
23
was trying
24
him calling
her.
25
had decided
that she was going to carjack him, rob him ::or n i s
26
car.
27
come over her residence
28
~as going
to get the picture
She believed
across to him that s e di
And once he kept calling,
-- she planned,
t
she said t at s e
invited Jeremiah
that night, and she thought
to come with another
I'
Buebe to that Buebe
individual.
27
1
So prior to his arrival
she contacted
known gang
2
members
3
that she was going to be coming with this car and that she would
4
wave at them to signal them that that was Le
5
going
6
up -- she actually
got dropped
7
she walked
the corner of 34th and PConeer
8
contact
in West Side Riva that lived in that area and told them
She said that she got dropped
to take.
towards
off on Pione_r
Q
These are the individuals
10
A
Yes.
11
Q
Okay.
12
A
Now, Rosemary
told Buebe to park on Pontiac
14
asked him for a cigarette.
15
stayed
16
door and that she could actually
17
down the street,
18
wouldn1t
in the car.
ade
hear the gang members
At that time one of the individuals
22
little
exchange
23
assault
occurs
com':'9
coming up to the car.
A
described
S e
and she tried to block the view of Buebe so :e
see the individuals
21
her
She said that she stood near the driver1s
20
28
a d
She got out of the car; Rose a
Okay.
27
S e said
just south of 36th Street.
Q
26
Street.
from Wef:t Side R':'a?
19
with a shaved __ ea
by Buebe asked him for a cigarette.
During
here, he gets hit with a bottle,
this
then the
on Buebe.
Let me just stop you. Did she tell you why she wos standing
25
She ·alked
and Buebe came back, picked
13
Q
off.
with the individuals.
9
24
car that they were
side door area?
in the driver1s
Was that just to block the view of the HisDanic
ales who were coming up? A
Yes.
28
r
1
Q
Okay.
2
A
They were coming
3
Q
Okay.
4
from the rear.
When Mr. Buebe got hit on the head with a -- is
it a beer bottle,
you said?
5
A
Yes.
6
Q
What happened
7
A
She said that her homeys we~e -- _o~ B~eDe
8 9
running Q
She stated it was a b8er b ~tle. after that? 1S
now
down the street. And when you say
homeys,
11
ittle homeys.
11
II
.i s .ha c t.ne
..ord she I s
10
using?
11
A
Yes.
12
Q
Okay.
13
A
Actually,
14
Q
llLittle homeysll?
15
A
She said the little homeys ',:ereqo i r g down the street
16
after Buebe.
17
and she drove Buebels
18
19 20 21 22 23
Q
11 ••
She got in the driverls
Okay.
sea
a d called
them back,
car out of the ~_ea.
And who else was in 3 ebels car that was driven
out of the area? A
She said Rosemary.
And she j st said that there was
eight total, which six gang members Q
Okay.
and Rosemary
And did she, Monica,
once they drove from that location
24
A
25
Indio.
26
then up to Los Angeles.
and Monica.
tell you what they did
i. Jeremiahls
car?
They just drove around to -- it was Los Angeles, I want to say Bermuda
Dunes, down in the Indio area, and
27
Q
This was ov.rr a period
28
A
I think three days.
of bow many days?
Q
1
2
Okay.
the credit
And did Monica
cards of Mr. Jeremiah
tell you anythi.9 Buebe that
aho t s
·ere·
s':'
9
e 'cle?
3
A
Yes.
4
Q
What did she tell you about that?
5
A
She said that she washed Buebe' s car and .. 2.5 ~':a__e
6
was in there.
7
Mr. Buebe's
8
like a credit
9
Circle
10 11
12
13
belongings
card/debit
:: .- '"as
and stuff and kept ~~e
card and that they stopped
and purchased
a~
gas and food i e.~
that. Q
And did she tell you if she used any I.D. w i_e
purchasing
those items?
A
Yes.
cigarettes
15
purchase
17
personal
K's, 7-Elevens,
14
16
She found the credit cards, dispose'
Q involved
se 1
She s~id at one point in time they woul
and they hnd to use Rosem0ry's
identificatio
the cigarettes. Okay.
And ctid Monica
Florps
identify
any of tea
es
in this?
18
A
No.
19
Q
Did she tell you if one of them was her boyfriend
20 21 22
an ex-boyfriend? A
I don't believe
was her boyfriend,
she said -- actually,
yes, one of them
ebody you have identified
as "Little One"?
yes.
23
Q
Was that
24
A
Yes.
25
Q
West Side Riva?
26
A
Yes.
27
Q
Now, after ,:he conversation
28
or
further
SOl
with Monica,
did you do
investigation· into the stolen credit card portion
of the
1
investigation?
2
A
Yes, I did.
3
Q
Okay.
4
And can you tell us '. hat yo
contacted
Mr. Buebe.
A
6
of his
7
They faxed them over to me.
8
for Circle
9
tell me where the cr ed i t; car
I
the statement
K, and wit
Slover,
12
Bernardino? A
Yes.
14
Q
And di
15
surveillance
16
A
17
Q
18
A
2:"
=
~. ::"e •...0
the credi ~··as:':5= _ =:.._ =
--
--.:--=..::.::.
s=~~e5.
-
= -
-_ --------
e==
~rise?
.. _--.-
Ci.-.
---
-= -
5~.-e:"::"::"a:lce
1-
ape was dated October
the
-?
___ es ..
;..-=_ . .eze
22
-..-c:.._ c.._ C-.,....-
:es. ;.._-:::: - ~c
_-0.
e s
a e?
Yes,
19 8t: , 2
.e
as e
Then I c _::ac::e:::.
S-l-o-v-e-r,
13
I
for his cred:"~
And was orie
Okay.
Q
11
20
reSDect
to that?
5
10
a:" a
--0'
able to view the tape in terms of when
:<:r. Buebe s credit card took place or his I
2_
e:":: ca~c.?
25
And --
26 27
A
I actually
28
Q
Okay.
c
at the receipt
You had the receipt
and the tape. and the tape to match
it
1
up?
2
A
Yes.
3
Q
And when that transaction
4
credit
5
appeared
At that location
occurred
8
She actually
9
stand next to her.
within
minutes
produces
whom
12
Q
13
identified,
14
A
I saw
There was also a Hispanic
11
_a
And I sa'.': .: _ ~ca 5'_ores.
the credit carr
who was later identifj~d, I wasn't
there was two tra sac ~o_s
of each othe
10
and another unknown
a_e, H~
ead, ~c ::e a e
0
able to identify.
Now, the ma Le that you saw on the video 1,:_
0
wa s _a er
how was he identified?
Well,
I took the picture
15
deputies.
16
some other gang photographs,
17
Aldama.
18
Q
and I went to the ga 9
I showed th2m the picture,
And Richard
and we matched
it
p
0
and it looked just like Ric ar
~ldama 1S a documented
West Side Ri a
member?
20
A
Yes.
21
Q
And at some point did you contact Richard
22
did he confirm
23
by Monica
that he was in the carl Mr. Buebe's
A
Yes.
25
Q
And did he confirm
videotape
Aldama
a
car, Qr~-e_
Flores?
24
26
0
on the videot~pe?
7
19
r. Buebe's
card, who did you see doing th~ tra_sactio_?
A
6
took place vith
in Fontana
that was, 1n fact, him i
~~e
a~ the Circle K?
27
A
Yes.
28
Q
Were you able to identify
any other stores
in this
32
1
further
investigation
2
using Mr. Buebe's
of yours where
fraudulent
debit card was used?
3
A
Yes.
4
Q
Where were those stores?
5
A
There was t.v o other stores located
6
transactions
in Riverside
down in the Indio area.
7
Q
8
Desert?
Okay.
Was one of those at 45-200 Portola Ave
9
A
Yes.
10
Q
And were you able to retrieve
11
that Circle
12
A
Yes.
13
Q
And were you able to match up the receipts
14
a surveillance
e, Palm
tape from
K store?
tape as to those transactions I don't recall
on Mr. Buebe's
A
16
store.
17
used in those two Circle K's down in Indio.
18
surveillance
19
Q
And one of them you did?
20
A
Yes.
21
Q
Which one was that?
22
A
I'd have to refer back to my report.
23
Q
If you would look at your report dated
I matched
with the
debit card?
15
2_
County
if it was that store or the next
up the receipts.
I know the debit card was One of the video
tapes I clid not see them on the videotape.
ould be page 3.
I believe
10/31, and it
line 34 is the Portola Avenue
Circle
store. A
Okay.
Yes, on that one I did observe
t e individual
thct was later identified
And that was the individual
Monica
Flores
as Richard
from the Circle
Aldama.
K in
33
1
Fontana?
2
A
Yes.
3
Q
And then the other store was on 40100
4
Bermuda A
Yes.
6
Q
And your investigation
A
Yes.
9
Q
Okay.
11
showed tha
L
And you were able to confirm
there was no tape showing any of the suspects That1s
A
e' el
ere.:..t
it ·as
se
I
on the ta e?
correct.
12
MR. KERSSE:
13
THE COURT:
14
MR. SNOW:
Okay.
Nothing
further.
Cross-examination. Yes. CROSS-EXAMINATION
15 16
BY MR. SNOW:
17
Q
Good morning,
18
one point you referred
19
officer
20
first interview.
Detective
Garcia.
I wanted
to ask, a
to the fact that there was another
with you when you took Monica back to her home after the Is that correct?
21
A
Yes.
22
Q
And what was that officer1s
23
A
Detective
24
Q
Knudson?
25
A
Knudson,
26
Q
Thank you.
27 28
~r.
card was used at that Circle K store?
8
10
Ave.,
Dunes?
5
7
ash'ngton
Knudson.
K-n-u-d-s-o-n.
You indicated apparently
name?
that Monica
had come in voluntarily,
and
she had -- well, let me -- strike that.
34
1 2
You indicated
No, the first time that she came in, they both came in
A
4
voluntarily.
5
Q
pretty
Okay. adamant
During
that interview
about denying
you said that
her involvement;
0
A
Monica?
8
Q
Yes.
9
A
Yes.
10
Q
And it was after that that you and Officer
11
took her back to her home, and at some point during
12
she said to you,
13
this up."
IIIcould get in so much trouble
KL
s __
t a· r
e
for set ":"_9
Is that correct?
14
A
Yes.
15
Q
Was there any other conversation
16
Officer
Knudson
between
you or
and Monica on the way back to her home?
17
A
Yes.
18
Q
Do you recall the substance
19
A
I told her that the two stories that I heard
Rosemary
ica was
is
7
20
In she
did not come in voluntarily?
3
6
the first time she was brought
and her didn't
sound truthful
of that conversatio
?
fro
to me.
21
Q
Was there --
22
A
And then I told them that I was going to cont":" e
23
investigating
the case until
I was able to find out the t_ ~,
24
Q
25
you recall?
26
A
I don't recall.
27
Q
Do you recall any mention
28
of Monica's
Did Officer
Knudson make any statements
to her
a
c'u r i nq those conversatio
s
daughter?
35
~:~ 'lOI. ". ,I ~l'
. i
. ,,
ot at that time. 2
3
Q
A
There may have, yes.
Q
Do you recall anything
nn:cals
'a
g:_
er at a_y
wit_ her?
about·
at - _ se c _'ersa~~o
A
Not exactly,
Q
Do you recall having mentioned
protective
services
no.
to Monica
anyt.hi nq a'o
--
10
A
No.
11
Q
- -
12
A
No.
13
Q
Do you recall having asked her or mentioning
with regard to her daughter?
14
that her involvement
15
her?
might require
16
A
No.
17
Q
Do you recall
18
questions
if Officer
"No"?
•... 0
__e~
-~ that her child be t axe __ --
Knudson
asked any of
se
or words to that effect?
19
A
I don't recall that.
20
Q
Uh-huh.
21
the second occasion
I know we spoke of her da g~ter.
Do you recall how long Monica
was with yo~
when she came in?
22
A
On the second occasion?
23
Q
And do you recall how long she was with you on the
24
first occasion A
Close to the same.
26
Q
Let me ask you this.
28
Maybe another
two hours.
when she came in?
25
27
s
ight have entailed?
8
9
of
other time during your interviews
5
6
Was there any mention
When you investigated
these alleged
were made and you saw copies of the receipts,
purchases
t a
did any of t'ese
36
1
receipts
have signatures?
2
A
Yes.
3
Q
Whose name was signed to them?
4
A
You couldn't
5
Q
I see.
6
Were there any handwriting
onica or Rosemary No.
8
Q
Did Miss Flores
9
d ring
::"0
A
~rom
seem frightened
to you at a y t~ e
No. I don't have anything
further at t
s
e.
Thank you. THE COURT:
_3
Mr. Barnett.
14
CROSS-EXAMINATION BY MR. BARNETT:
::"6
Q
::"7
and Rosemary
::"8
bring
The first tine that you talked with Miss Ybarra, -- she and Miss Flores came in together
or
s e
~~ ~
them in?
_9
A
No, they did not come in together.
20
Q
They did not come in together?
21
A
No.
22
Q
Were they at the station
23
A
No.
2~
Q
Who was interviewed
2S
A
Rosemary
26
Q
When Rosemary
28
taken
either of these interviews?
MR. SNOW:
2
samples
Ybarra?
A
15
It's more like a scr~bb e.
make it out.
7
12
Was it Mr. Buebe's?
at the same time?
first?
Ybarra. talked to you at that time, how long was
she at the station? A
I'd say probably
about two hours.
37
Q
And did you bring her into the stat~o_
3
A
I went and picked her up.
4
Q
And you told her she wasn't
5
A
That's
6
Q
Now, when you talked with her that
2
or did she come
in?
7
hours,
8
home?
correct.
did you -- when you were finished,
9
A
Yes, I did.
10
Q
Did you tell Miss Ybarra
did
_ .e, a 0
'- __ez;
<:2...:
that if she'd s p__
e
ie r
s =e
11
names,
12
A
No.
13
Q
.so after you took her home, then it was Miss F_ores's
15
A
If that's the way you want to put it, yes.
16
trying
17
telephone
18
me, but a couple times we had set up meetings
19
up.
14
20
21
et cetera,
that you could help her?
turn?
Q
to get ahold of them.
had contacted
and they had made arrangements
Okay.
with Miss Ybarra
at the station,
A
The first one?
23
Q
Yeah.
24
A
I
'as
them on the
to come and spea
So when was your contact with
22
25
I
I
the two-hour
and nobody
\,;-
sho ed
-- your meet~ g meeting?
could give you an exact date if I refer to my
report.
26
Q
Okay.
27
A
t)ctober 17th.
28
Q
And that was about a two-hour
meeting?
38
1
A
Approximately.
2
Q
And then you took her home.
3
Miss Ybarra
4
with you on the 17th?
-- did Miss Flores's
meeting,
5
A
You mean Miss Flores?
6
Q
Yes.
7
A
No.
8
Q
When did it take place?
9
A
Well,
if I refer to my report,
10
exact date.
11
Q
All right, please,
A
I
12
And then did.
because
first meeting,
I can give you another
I'm pretty
confused
right
now.
13
spoke with Mrs. Flores on October
14
and we made arrangements
15
8:30, October
16
spoke to Monica.
19th.
18th by telepho
e,
that I would pick her up on Friday,
So October
19th is the first time that I
17
Q
18
Miss Ybarra,
19
and see if she would work out a favor or two?
And during any of the time that you spent with there was -- did you request
20
A
I
21
Q
Maybe something
2
occur
don't offer anybody
that she work with you
favors or promises.
like you'd see what you could talk to
the DA about?
s2e ~2a-
A
No.
Q
During
the entire time that Miss Ybarra
said she didn't have anything
talked
to you,
to do with that carjackj
isn't
r~ght? ~
That's
correct.
MR. BARNETT:
I have no further questions.
39
1
THE COURT:
2
MR. KERSSE:
3
THE COURT:
Nothing
further.
All right.
(Whereupon, the witness
4 5
MR. KERSSE:
6
MR. BARNETT:
7
THE COURT:
8
MR. BARNETT:
9
THE COURT:
10
Mr. Kersse.
reporter
Thank you.
You're
excused.
left the stand.)
Call Deputy Johnson. How about A break? Two minutes. Yes.
could probably
I was going to say, the co r
use a break,
too.
11
How long do you expect to be with your next w':'tess?
12
MR. KERSSE:
13
expertise
THE COURT:
15
MR. BARNETT: member
of the police
17
THE COURT:
18
potential
19
12:00.
20
stipulation.
MR. KERSSE:
All right. I
stipulate
of law enforcement All right.
- -
that a_y
is a gang expert.
Well, weill talk abou
a
Why don't we come back at twenty
to
Thank you. (Recess)
22
THE COURT: Flores
Back on the record in People vers s
and Ybarra.
24
Your next witness.
25
MR. KERSSE:
26
Why don't we take
would probably
21
23
as to n i s
as a gang expert, very brief.
14
16
If I could get a stipulation
Yes.
My last witness
is Deputy
Bre t
Johnson.
27
THE COURT:
28
MR. KERSSE:
Do we have any stips? Yes.· There's
going to be a stipulation
40
1
that Deputy
2
expert.
3 4
Johnson
is qua~,ified to render an opinion
Not r.pe c i f i ca Lly with respect
THE COURT:
MR. KERSSE:
6
MR. BARNETT:
7
MR. SNO-V]: So s t :pulated purposes
We ran do that,
purposes,
All ]'ight.
for prel iminary :_ear.i__9
For preliminary
heari_s
that will be ent( red. THE CLERK:
11
Ye.'.
only. THE COURT:
9 10
to the West
Side Rivas?
5
8
as a gang
You
solemnly
(:0
state that the e . ie __ ce
12
you shall give in this rnat r.e r shall be the truth, the ... __ e
13
truth,
and nothing
but the truth, so help you God?
14
THE WITNESS:
15
THE CLERK:
16
Please state your full name, spelling
17
P'I eare be seated.
your
firs
a~
last name for the record. THE WITNESS:
18 19
Ye~, I do.
My name is Brett, B-r-e-t-t,
Jo
80 __ ,
J-o-h-n-s-o-n.
20
THE CLERK:
21
MR. KERSSE:
Thank you. You~ Honor, Deputy Rodriguez
22
back into the courtroom.
23
to let counsel
MR. snow.
25
MR. BARNETT:
26
THE COURT:
III
28
III
won't be .ecalling
him.
know if t.heie 's any obj ection to him
24
27
J
has s~e- e . s c "a.._= ::'2S.
S1.
No ob t ec t Lon . No. Therr's
no objection
at this
e.
.1
1
mmTT as a witness
JOHNSON,
2
called
by and on behalf
3
first duly sworn, was examined
4 5
DIRECT
and testified
having
been
as follows:
EXAMINATION
BY MR. KERSSE:
6
Q
Good morning,
7
A
Good morning.
8
Q
What's your occu ation?
9
A
I'm a deputy
10
of the People,
deputy.
she!:"ifffor Riverside
Sher'::f's
County
Department.
11
Q
And how long hav ..you been a deputy
12
A
Nineteen
13
Q
And you work at the Jurupa Valley
14
A
Jurupa Valley
15
Q
And you work in r.he gang area?
16
A
I'm assigned
17
Q
And I believe
18
qualified
19
Side Riva?
sheriff?
years. station?
station.
to qangs, yes. th~re's been a stipulation
to render an opinion
t a"
as a gang expert vis-a-
20
A
I understand
21
Q
NOW, are you famLliar with West Side Ri a?
22
A
Yes, I am.
23
Q
And how familiar
24
A
West Side Riva is the primary
25
Rubidoux
area.
26
Jurupa
27
committed,
28
enemies
station.
with that?
I'm familiar
Hispanic
gang
e
ga g i
-- I vo rk 0 t 0::
with them working
to crimR victims,
of that gang.
is ~-es
that, yes.
And it's the primary
talking
a "re
associates
I've talked to police
crimes
they've
of that gang,
officers
that have
42
1
investigated
that gang, I're talked to DA's that have
2
investigated
that gang.
3
Q
And roughly how many gang members
4
A
Roughly
5
Q
Do they have a common name or common
6
do they have?
in exess of 150. ide_tifyi
or symbol?
7
A
Yes, they do.
8
Q
What's
9
A
The common name is West Side Riva, co
10
usually
that?
Q
And what's
12
A
The primary
the primary activity
activity
S
of that gang?
of that gang is a cr~ :_~:
13
gang.
14
primary
15
might
16
sure that no other rival gangs can get strong
17
0
is a "W" for west side.
11
18
g sign
Protection thing.
of their turf, turf protection
What I'm talking about,
show up in the community
Are committing
Q
is t__ e~r
taking on ri a_s
is their primary
criminal
~·r~
func
_0_
..iake
t
in the~r area.
acts a primary
act·
~L
that gang?
19
A
Yes, they do.
20
Q
And with respect into the carjacking
to the investigation
21
Garcia
22
you familiar
23
A
Yes, I am.
24
Q
How are you familiar with that investigation?
25
A
Initially
26
Garcia
on Jeremiah
Buebe,
27
interview
28
off.
are
with that investigation?
and Detective
When
and assault
by Dete ~~-e
got a phone call at home from Detecti Knudson
with Monica.
asking me to assist
And I came to work
e
them on an
-- that was my day
I came to work, they filled me in, showed me the
43
:)1
(, '1
.i (
1
report
and told me what happened.
2
Q
And you've
3
A
I don't know if I've read them all, but I've read a
4
number
read all the police
Q
You've
6
A
Yes, I have.
7
Q
And the reports written
Garcia?
reviewed
Deputy Rodriguez's
reDort?
-a~
by Je
A
Yes, I have.
10
Q
Now, also, did you assis .... :=::::e::::::::"-.-e
11
identifying
12
A
Yes, I did.
13
Q
And did yo
a person by the na e
14
had been involved
15
credit A
17
Q
18
me
2 2=.. 22
23
s:
- :::..:::~~::.._-_::~:-E. .. '";
Yes, -
-
_ ------===2::
- ---::...=..-=
es::
__
t::
_:.
.-a _ CL~g
e::::-?
::'':::'8 -,
'::-'1
e
..:...es
-c
_
_a e an opinion with respect
"'" .:
0=
~::=,,::::-::::::"c.
card?
~-
~9
e::ect:.· e
:..2.
I'm sorry.
9
16
in this matter?
of them.
5
8
reports
ase, ',': et er they were committed
to the cri es
for, at the benefit
r at:.t'e d:"rection of, or in association
with West Side
_ :'-.-a cr:" .i al street gang? Yes, I do. . BARNETT:
2S
26
Your Honor.
There's
no
foundation.
27
28
Objection,
MR. KERSSE: testify
I thought we had a stipulation
he could
to -- as a gang expert.
44
1
THE COURT:
2
MR. BARNETT:
3
THE COURT:
4
Q
5
A
6
I think so, too. Okay. The objection
(By Mr. Kersse) My opinion
Whatls
is overruled.
that opinion?
is that this was done for the benefit
the West Side Riva street gang.
7
Q
And what do you base that on?
8
A
My knowledge
9
of
they
for enjoyment
10
including
violent
11
members
12
gang member
of the West Side Riva street ga 9 ~s that and pleasure
they commit crimi a~ a ~s,
Part of that is to bring you.ge~
acts.
into the fold so that they have the ability and to represent
I believe
13
the members
based on reading
14
least five gang members
involved
15
the middle
16
were described
17
to me based on my general
18
around
19
members
to ac~ as a
that use tha
g~~g.
this report there ~~s a~ They were r~g!:::
in this.
of the West Side Rivals home turf area. as younger
and some were older. knowledge
and teaching
And it a
in which gang
there that they are often recruiting
20
J~.g
er s ~:"··e
e
younger
ea~s
a.. ~o'~Je~
them how to be gang members.
I base that on the fact that the intervie· (sic) had with Monica
21
Detective
Rodriguez
22
boyfriend
by the name of Little One and that she had c ~::ac::e
23
them to assist her on this carjacking.
24
that the interviews
25
Aldama
26
documented
27
be at least involved
28
stolen.
with
and Sergio Santana members
-- subsequent
that she
L.a::
interviews
and Juan Morales,
around
·ith
a
~c~a~
who a -e a __
of West Side Riva, that they a~ in driving
a
o
in the car af t ez ~•... :as
.5
1
2
Okay.
Q
members
You've
Juan Morales
spoken to documented
- -
3
A
Juan Morales.
4
Q
Who was the other person?
5
A
Sergio
6
Q
And all three of them have admitted
7
vehicle
Santana and Richard
that was carjacked In the reports
8
A
9
those, yes.
West Side Riva gang
Aldama.
from Jeremiah
to being
Buebe?
I read, they have admitted
10
Q
And you have a basis or is that enough?
11
A
I believe
12
Q
Okay.
13
the police
14
investigation,
15
promote,
Now, let me ask you as well, with yo _
reports
and your firsthand
knowledge
was the crimes committed
further or assist
A
Yes.
17
Q
And what's
18
A
Basically
in
in criminal
the basis
0=
th:3 ooinio_? to, to promote
gang is to show that they have the ab~lity
20
that they want to commit,
21
there's
22
might
23
what we do, you better not get involved
24
enforcement
25
crime was committed
26
do is trying to dissuade
27
them.
to do anything
nobody going to stand in between
or else.
in t is
cona ct?
what I just testi~ied
as well cooperate
:ew of
with the _ tent to
19
Also,
to being
that's enough.
16
28
in the
the
to commit any crime
they want to
dOj
them to do that, so you
with what we want to do, and if you do in calling
law
And that's based on the fact that the and the fact that's what they're any type of witness
like, I was saying,
trying
testimony
it appears
to
against
that there was a
1
staggering
2
gangs
3
the gang.
4
members
5
theory.
6
of age groups
-- younger
in this incident.
gang members
And bringing
into the gang is the life blood of
If the gang grows old and they don't have younger
to take over for them, then the gang disa _ears
Does it make any difference
Q
this case are females and the people who actually
8
violence
upon the people
A
Not in my opinion,
10
Q
And do the defendants
11
members
12
furtherance
13
A
ze
~:e
no. in thi.s case ac t ua t y :_a--e
of West Side Riva in order to promote
or ass's~
e
:'2=2e
of West Side Riva gang activity?
No, I don't believe
they are members
of t at ga=S, -
with you.
15
Q
You believe
16
A
Yes, I do.
17
MR. KERSSE:
18
THE COURT:
they are associa t.e s of the gang?
Nothing
further.
Cross-examination. CROSS-EXAMINATJJN
19 20
BY MR. SNOW:
21
Q
22
==-:.
:. __
~
are males?
9
be honest
~
that the defe_d~_~s
7
14
younger
involved
Do you have any knowledge
of Monica
with West Side Rivas outside
23
A
Yes, I do.
24
Q
What knowledge
25
A
At the ti~e of this incident
26
and Pontiac
27
family.
28
They moved out.
was occupied
Flores
this particular
e:'=s
.
.-
-•.
-----.:::.--..,.
---"'--"""'-'----
is that? the corner ho
by a West Side Riva gang me
Soon after this incident,
it became
I took her photograph
a vacant
O S~
--
;::-
e~
~es~~====.
around to the __ e:..:::;:-
:::-5
1
and they told me that they have seen ~er at that house
2
area. MR. SNOW:
3
I have nothing
6 7
BY MR. BARNETT: Q
Have you ever had any contact with
A
9
don't recall
11 12
13
Q
To be honest with you, she's told me that I
Do you know whether
~~.
she has any gang affilia
any sort? A
I know that she has family members
Riva street gang.
15
THE COURT:
16
MR. KERSSE:
17
THE COURT:
=-
e
I have no furt:her questions. Anything Nothing
else, Mr. Kersse? further,
All right.
Your Honor.
Thank you.
(Whereupon, the witness
Youlre
excused,
left the stand.)
19
THE COURT:
20
MR. KERSSE:
People rest.
21
THE COURT:
Any affirmative
22
MR. SNOW:
23
MR. BARNETT:
24
THE COURT:
25
MR. KERSSE:
26
MR. SNOW:
27
MR. BARNETT: here I didn't
in the Wes
That's all I know.
MR. BARNETT:
28
e~ore
it.
14
18
~ss _'arra
this case?
8
10
Your Honor.
CROSS-EXAMINATIO
4 5
f~rther,
in that
People rest?
defense?
No, Your Honor. No affirmative Does either
defense
at this time.
side wish to be heard?
Submit. Submit. 11m going to nay that for quite a ·h~=-e
even hear Miss Ybarra's
name mentioned,
and ~~e=
-~e2
~i ally heaid it mentioned,
:
S::::e -':as
she went along for a ride_
present. Seriously,
there's nothing
-.;asgoing to take place,
to say that she even knew
and if there's
anything,
maybe
the fact she helped use a credit card or something. think there's enough
So I
for the 215.
I'll submit. THE COURT:
You want to respond,
MR. KERSSE:
No, Your Honor.
THE COURT: that the offenses :'2
RIF-99956
_3
believe
All right.
within
It does appear
complaint
have been committed
are guilty
sufficient
15
Penal Code section
215, subdivision
16
special
under Penal Code section
17
(b), subsection
18
both defendants,
19
subdivision
20
allegation
21
Count 3, as to both defendants,
22
459 as a felony,
23
count it's Penal Code section
24
subsection
25 26
(4), subparagraph violation
(a), subsection
cause to
thereof.
As to Count I, as to both defendants,
allegation
to the Court
number or case number
and there'S
that both defendants
14
Mr. Kersse?
violation
of
(a), as a felony, with a
(c).
186.22,
subdivision
As to Count 2, as to
of Penal Code section
245,
(1) as a felony, with the same gang
as a special allegation
attached
violation
thereto.
of Penal Code section
again, with the same -- excuse me. 186.22,
As to
subdivision
As to t is
(b),
(1) as a special allegation. The defendants
date for arraignment
will be held to answer
is January
27
MR. SNOW:
28
MR. BARNETT:
therefor.
e
23rd, 2002.
I'm sorry, Your Honor? January
23rd?
49
1
THE COURT:
2
MR. BARNETT:
3
MR. KERSSE:
4
THE COURT:
5
right.
6
can't see properly.
Yes. seven days.
No, it should be two weeks Oh, I'm sorry.
r'm looking at the one-week
7
All right.
8
MR. KERSSE:
9
THE COURT:
10
That's
January
today. _0'
Ire
r got new 9 asses.
I
It's Janucry line.
fro 30
30th.
Thank you, Your Honor. Department
(Proceedings
51.
Thank you.
adjourned)
11 12 13 14
15 16 17 18 19 20 21 22 23 24 25 26 27
28
50
REPORT-RIS
CERTIFICATE
STATE OF CALIFORNIA ss. COUNTY
OF RIVERSIDE
I, Shari L. Lefton, No. 6256, do hereby
correct
accurate
Reporter
16, 2002, in the County of
State of California,
report of the testjmony
above-entitled
Shorthand
ce rt i f v :
That on January Riverside,
Certified
I took In shorthand given and proceedings
cause, and that the foregoing
transcription
of my shorthand
notes,
a true and had in the
is a true and taken as foresaid,
and is the whole thereof.
DATED:
Riverside,
California,
January
(ll.u d
16, 2002.
-
w -------~.
Shari L. Layton, C.S.R. ~ 6256 Official Court Reporter Riversice County Superior Court
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_
Evidence:
1 2 3 4 5 6 7 8 9 10 11
Seven audio cassette tapes of the recorded .i n t e rv.i ev -ri, th .on i.c a Flores & Rosemary Ybarra. Recorded by Garcia booked i.to e~idence at the Jurupa Valley Station. Bar code # Cjq~~7q
1.
Detai1.s: On 10-11-01, I was assigned to investigate a past car-jack~.g ~.2~ ~cc~~~ed in the area of Pontiac and Pioneer Streets in the unincorporaLed a~ea of Riverside County known as Rubidoux. The victim was identified as ~e=e. 'ah Buebe. I read the initial report written by Deputy Rodriguez - ~-5-. ~he stolen vehicle was a 2000 Honda 4dr Accord Ca. license plate ~~~S_2~.
12 13 14 15 16 17 18 19 20
The initial report stated that Buebe had met a female tha --as ~cs~L~-ely identified as Monica Flores. Buebe met Flores through a teleL~o.e 'chat" line on Wednesday, October 3rd. Buebe stated he continued cal :, .._ .: ..~C2 on Friday and Saturday. Buebe said Monica invited him to her _es~~e.ce ~ate Saturday early Sunday morning 10-07-01. Buebe said he picked ~~~~ca a d her friend and Monica directed him to the Rubidoux area.
21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 .8 49 50 51
Through Rubidoux Buebe
the course of the investigation was Pioneer and Pontiac Streets
was
able
to provide
. "
1-. Iii
~
_
'.
'
~.
I
:.
.,
_'-'
_.
'..,
it was determined cross of 34th ST.
Deputy Rodriguez the odriguez was ab and unab
location
J
t- e
az ea
of
he oic-ed 'on~ca the addresses of O~ 10he
incident. Buebe told Deputy Rodriguez he believed he was "set-up" because they did not seem scared or surprised when he was
by L~e ~e~a:es a tac~e~.
On 10-15-01, I spoke to Buebe by telephone regarding Moni~a ~~J:::::-es a.d Rosemary Ybarra. I asked Buebe if they screamed for help or ra .. a~,-a~f rom the scene. Buebe said they did not scream for help or runawa_. 3Je" e said the one girl Rosemary stayed in the backseat of his car. Buebe sa~d :'0 ~ca was standing by the driver's door and kept looking up and do~ L' e st~eet as if she was waiting for someone. Buebe said they were in the a~ea to drop off Rosemary but nobody ever came out of the house. I asked BueDe i= ~e ~as offered sex with either female. He said no. Buebe had ide.tified o~ica Flores through a photograph which Deputy Rodriguez had located 0 :0-07-01 at her residence. Buebe said he remembered Monica's friend ,as Rose ary unknown last name. On 10-15-01, I responded to 569 Transit and 576 Transit to locate Flores and Ybarra. I could not locate either female, I was told each female had moved from their residences to unknown locations. I left a business card. I later received a telephone call from both Flores and Ybarra stating they would come to the station on 10-16-01 to be interviewed. Neither Flores nor Ybarra came to the station on 10-16-01 .
.., . ..,.
1
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I CONTINUATION
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On 10-17-01, I responded to Flores and Ybarra's home but Yparra was at her residence.
Page Number.
residences.
3
_
Flores was not
I asked Ybarra if she would come to the station to be .i .te.:---::'e'" Yba rra agreed. Prior to arriving at the station, I had Ybarra s hov Del:ecc:.-:e Brown and me the area in which the car-j acking and assaul L occ rred , She identified the area of 34th ST., Pioneer and Pont':'aci ~ b':'do~x.~t the Jurupa Valley Station, I told Ybarra she was not' de::-arres~. ~~a::-::-a said she understood.
10 11
12 13 14 15 16 17 18 19
I asked Ybarra if she remembered getti.g a ride to Jeremiah (Buebe). Ybarra said she xa s o: the t.e le . rie a 'I: ~·'o. =-Cd'S ~ ou se when Jeremiah arrived late Sat r-day .=-~:.e ar Ly :.:~ a::' moz n.;.. ~. '':l::::a::-::-a said she asked Monica to ask Jeremia' for a r':' 'e to l:~ e cit::·0:: ?':'a::":: . :-e::-e .•u ah agreed. Ybarra said onica did not; '.,ra~t LO be a or e r,.;=L _ ":;e::-e::::"a~-: s t.h e y were going to Rubidoux first to =-c~ a. ot:e::- o~e o~ Xo::=-ca's girlfriends. I showed Ybarra a photogra 0:: L.OL':'ca ~::"ores. ::e.:.c.e::-':'::ied Flores as being the onica she was .it' the .=-g~.La:: -:::'e assau i t; on Jeremiah. •
k
20
21 22 23 24 25 26
27 28 29
30 31 32 33 34 35 36 37 38
39 40 41 42 43 44 45 46 47 48 49 50 51
Ybarra said they drove on Pioneer St. near 34t and dropped ~o.=-ca 0:::: at the corner. Ybarra said she stayed in the backseat, Yba r.r a sei.d they (Jeremiah) drove around the block and then picked on::'ca'p aJa':'-. :Darra said Monica told him (Jeremiah) to park the car on Pontiac ST. a L~e1 all were smoking a cigarette. Ybarra said she was outside of the car --hen the Hispanic males walked up to the "whi te, foo~( Jeremiah) and started -l-:"t ting hfm. Ybarra sald she walked away at that point and did not want to get invq;Lve~:..I".~.~sk.ed Ybarra if.~,?e rec~~f'of th'e Hisp~nic mal.€s that att'ke~~:@emlah Buebe. Yba'rra sal~' she di.d not r-ecoqn i z e any 0:: t.he individuals. Ybarra said she walked ,9..~..9..Y __t.Q .._<;l.__ ,12ayp_hon,e ..c:indgot a ride to Fontana. I asked Ybarra if she called law enforcement to report the crime. Ybarra said no. I asked Ybarra if she planned to take Jeremiah's car. Ybarra again stated that she walked away from the scene. I asked Ybarra if the Hispanic males were her friends. Ybarra said, "they didn't come up to me, they talked to Monica so you need to ask her." I gave Ybarra a ride home after the interview. On Thursday 10-18-01, I received a call from Monica Flores stating that she would come in for an interview on Friday 10-19-01. I made arrangements that I would pick her up on Friday morning 0830 hours to be interviewed. On Friday 10-19-01 at about 08 Monica Flores from her residence of Riverside County known as Hig gro arrest and the interview was voluntary.
Detective Knudson and I picked in the unincorporated area d Flores she was not under Flores told me she understood.
Prior to arriving at the Jurupa Valley Station, we had Flores show the area in which the assault took place in Rubidoux. Flores had us drive to the area of Pontiac, Pioneer, 34~ and 36th streets.
ER 01 280 018
1
2 3 4
5 6 7 8 9
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12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27
28 29 30 31 32 33
34
I CONTINUATION
SHEET I
Page Number.
4
Flores told us they (Jeremiah & Ybarra) drove south bound on Pioneer and she was dropped off. Flores said Jeremiah and Ybarra drove around the block and picked her up again near the same spot she was drop ed of=. F ores showed us that they drove east bound from Pioneer on 36th S_ .. 2. so ~~ on Pontiac ST. She said Jeremiah parked on Pontiac ST. in fro .. t 0= 3628 Pontiac. I asked Flores how she was sure of the location. Flores said bec2'se she remembered the Ford Expedition parked just north of where .~.e~' a~)ced. Flores said in this location is where the assault took place. ~'e ~ .. :::' .. ued to the Jurupa Station. Flores admitted that she was with Jeremiah and Ybarra in his .~ac: =our door 2000 Honda. Flores said she had been talking with Jeremia. 2..- :'s friend Danny since Wednesday of that week. Monica said she met Jere ~a~ on the telephone "chat" line. I asked Flores why she told Jeremiah to drive into the area 0= .'- ~ 0 x. Flores said she was looking for "Hoes" (street term for girls) fo~ -e~e. "ah because she did not want to be with him (intimate). Flores de ie £.ry·ing where the girls lived; just somewhere on the street. Flores sai s~e 0 ly knew of one boy in the area and he was in juvenile hall. During the interview Flores was evasive and would not answer a~~ •... ~e questions I asked her. Flores denied knowing any person(s) in the are2 t at she showed us. I asked Flores if she was affiliated with a stree •... gang which is predominantly in that area of Rubidoux known as "Westside : an. Flores said she knew hundreds of people everywhere. I asked Flores if she was afraid when the assault occurred on Jere ~a . Flores said she was not afraid of anyone. Flores said after the assa ~t she walked away from the area to a Circle K store. I asked Flores if she ca~ ed law enforcement about the assault. Flores said no. I told Flores t-ia c s'e did not seem truthful about what occurred.
35
36 37
38 39 40
41 42 43 44 45 46 47
50
We concluded the interview, while Detective Knudson and I were z i. ing Flores back to her residence, I told her I was going to co. : ue investigating the crime until I found out the trtith. As we parked i. front of Flores' residence, she made a spontaneous statement; "I can ge •... :. so much trouble for setting this up." <
_.-
I told Flores we were going to go back to t~~.t.i:t.-~on to continue talking about her statement. Flores continued saying, "I'll admit to what I did and that was setting it up." Flores said she would not tell me any of her "Ho ies" names because it was her idea. t the Jurupa Valley Station, I read Flores her Miranda Rights per my card. ~lores said she understood and was willing to talk to me. ?:ores made the following
statements;
_
FILE NUMBER
ER 01 280 018
1 2 3 4
5 6 7 8 9
10 11
12 13 14 15 16 17
18 19 20 21 22 23 24 25 26 27 28 29 30
31 32
I CONTINUATION
SHEET I
5
P~eNum~
Flores admitted to talking to Jeremiah on Saturday night and telling him to come over to her house, Flores said she decided that she was going to "jack" (rob) Jeremiah fo£his car by herself but she thought ~ere iah was bringing a friend. Flores said she was going to get Jeremiah/s car e en if she had to assault him w~th a deadly weapon. Flores said she cal:ed her Homies in Westside Riva and told her she was going to drive by t e~r house and she would give them a signal by waving her hand. Flores said when Jeremiah and Ybarra dropped her off on Pio.ee~ she walked north and met her "Homies". Flores said she told them s:e -e~e_'ah was alone. She planned to have Jeremiah park on Pontiac. F'Loz es said Jeremiah and Ybarra returned and picked her UPI then they dro e 0._ 36::: S_, and south on Pontiac ST. Flores said she told Jeremiah to par :.is a~ on Pontiac ST. Flores said she asked Jeremiah for a cigarette and s:e ex~ ed his car. She said Jeremiah was sitting in driverls seat and she s~o _ear the door. Flores said she could hear her "Homies" approaching and atte~ oed to block Jeremiah/s view so he would not see them approaching, Flores said she sat in the driv ex:' s seat and pushed the door ope -;:2e_. -: e assault started. She said this kept Jeremiah from driving away. F_ores s i ' she saw Jeremiah get hit with a bottle and got some of his bloo" er pants. Flores said Jeremiah ran south on Pontiac with her "Homies" ~:2as~.~ him. She said she called her "Homies" back and they drove out of ~.e a~eal including Ybarra. Flores said she was the driver of Jeremiah/s car C~~ 0= the scene. Flores said she drove the car to Los Angelesl Indio and Palm Desert. ~: ~es said they used Jeremiah Buebe/s stolen credit card to buy cigare-~es c_." other items from 7-111 Texaco gas station and Circle K stores. Flores sa~d a 7-11 store finally kept the card and would not give it back t, _.e~. Flores said at one point she used Ro s erna r y ' s identification to -~c"_ase items.
33
34 35 36
Flores said everybody in the car all entered the stores when s e ~se~ ~__ e credi t cards. Flores said there was a total_s_l_" x __ g_~ys Ln vo Lve d ~,_ assault eight including her and Rosemary. I
37 38
39 40 41 42 43 44 45 46 47 48 49 50 51
Flores said she convinced Ybarra to be involved in the car jacki b-~ s.. e did not want;... to go initially. Flores said she did not want a y s: ne r little Homies to get in troUble because she set the car jacking I asked Flores several times for the names of her accomplices -t sce refused to give any names. She said her ex-boyfriend was involved .a-e identified him as "Little One" Westside Riva. The case is contin i_g to locate the other suspects. I
-
I asked Flores how long she kept the car. Flores said she had the car a:_ day Sunday. Flores said the car was crashed on Rubidoux Blvd. and issio, at a Mobil Gas Station.
_
F.!...E U\ BER
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I
CONTINUATION SHEET I
Page Number:
2
Evide ce: 2 3 ~ 5
~e
6
7
2.
8 9
10 12 13 14 15 16 17 18 19 20 21 22 23 24 2.~ 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46
3.
4.
5.
6.
nS surveillance tape, recorded at 16880 Slo er -e., -r _e ~ .S re. Detect ive Garcia recovered the tape. The t aj e S:. ·.';8 s...:.s_ ecc rlores, Ybarra and two other unknown accomplices. BOOKe e ·dence at the Jurupa Valley bar code # 0398281, date - 0 transactions receipts from 16880 Slover Ave. Circ e =, ?~ res is seen signing the receipts on the surveillance tape/- ~ -e recording. The receipts # 054317 $20.96 and # 055048 $3 .6=.. -'·ere collected by Garcia, booked into evidence at the Jurupa --a~~e Station bar code # 045330~. Dated 10-08-01. One VHS surveillance tape, recorded at 45-200 Portola .. - e., ~r:::~e K Store, in the city of Palm Desert. The tape shows s ?~ores purchasing items with an unknown Hispanic accomplice. a e ="0- 701. Bar code 0398281. CSO Haas recovered the VHS tape. Boo~e into evidence at the Jurupa Valley Station by Garcia. Two transaction receipts from 45-200 Portola Ave., Circ ere, in the city of Palm Desert. The receipt # 065727 amounts 2 .9 and receipt # 065843 amounts $21.45, both were dated on _0- 7- . CSO Haas recovered the receipts. Booked into evidence at t e Jurupa Valley, bar code 0398282. One VHS surveillance tape, recorded at 40-100 Washingto .:~., Circle K Store in Bermuda Dunes. Dated 10-07-01. Collected b Deputy Darascavage ID 2629, booked into evidence at the J a Valley Station bar code # 0398281 One transaction receipt from 40-100 Washington Ave., Circ e . Store in Bermuda Dunes. The receipts # 080709 amount $24.9~. -~e receipt was recovered by Deputy Darascavage ID 2629, booke· ~.~ evidence at the Jurupa Valley Station.
Details: On October 24, 2001, I continued working on the past car j ac k i nq -.. a:: occurred on 10-07-01 in the unincorporated area of Riverside C xnc: ... ~ as Rubidoux. The victim had been identified as Jeremiah Buebe. ~:J g~ =~e course of the investigation suspect Monica Flores was arrested for se ::':'._9 up the carjacking. Suspect ~osemary Ybarra also admitted to bei 9 rese~:: when the assault occurred but did not participate in the rob e_ .. During the interview on 10-19-01, Mo~ica Flores admitted to si:-:gs::o_e::1 credit cards from the victim. I contacted Buebe and the Armed Forces 3ar~ N.A. in Fort Irwin. Buebe sent me the information regarding i.i s a:-:.-<: statement, which showed several purchases from Circle K S res. contacted the Circle K/Phillips 66 Credit Card Fraud Divisio., .,';:';:C! Buebe's credit card account number, I was informed which Circle K Scores had transactions with Buebe's stolen credit card.
FI~
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3 4
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23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46
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I
CONTINUATION
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Page Number:
Two purchases were done at 16880 Slover Ave., Circle K Store ~n the city of For tana. One purchase was for 20.96 dollars t.r-ans ac t i or 054317 and the ot er was for 37.61 transaction # 055048. Both of t'~se tra..sact~o. s were dated on 10-08-01. On October 24, 2001, I responded to the location of 1688 S~ ·er e., Circle K Store. I made contact with the store manager K. ~~ ~e -'0 d Tilley that I needed to view the surveillance tapes from -0 - _, ear y morning hours. Tilley allowed me to view the tapes, on the ~a_ es ee:» suspect Monica Flores, Rosemary Ybarra, unknown Hispanic male snave - :ead wearing a sport jersey wi th number nine and another unknoi... -:! ::':'s a.i i c female. The suspects were all getting items from the store. _ a~~a a.. d Flores both stand at the cash register during the t ran sac t Lon . =~cres actually produced the stolen credit card at the time of P rchase a d signed the receipts.
=
On October 24, 2001, I contacted our dispatch center and had a .. _. - =.y.. our Indio Station respond to 40100 Washington Ave., Bermuda ~·~es. ~"~s store was identified as one of the locations where Buebe's s 0 e.. crea:.t card was used. Deputy Darascavage ID 2629 responded to the C~r ~e . a2' recovered the transaction receipt # 080709 $24.94 and the VHS s ~c~~~~~ce tape. I viewed the surveillance tape but did not observe Flores ~ a2Y other suspect on the tape. Though I did not observe the transac~~ 2 cc ~ on the videotape, it did occur based on information I received =r ~ ~rc~e K/Phillips 66 Credit Card Fraud Division.
=
On October 25, 2001, I contacted Sheriff's Community Officer Haas .'26S9 and had her respond to 45-200 Portola Ave. in Palm Desert. The C~~ ~e ~ store had been identified as one of the stores that Buebe's sto_e~ ~~ec:.~ card was used. CSO Haas ID N2659 responded to the location a.d ~e:::~:.e·.·eQ two transaction receipts # 065727 amount $21.45 dollars and,... rsa';3 amount $27.90 dollars. Both of these transactions were dated o. - /- ~. I viewed the VHS tape from 45-200 Portola Ave. Circle K St.oz e . _ sa",; suspect Flores and an unknown Hispanic male wearing a sports j e r ae ",::.:::c: the number nine. The Hispanic male was the same subj ect in t"e '.:, "eo, which I observed in Fontana, dated on 10 -0 7 -01. Flores is see.. :.:::::c:e video purchasing items and signing the receipts at the cash reg~s-e~. On October 31, 2001, Detective Knudson and I responded to 576 r~!s~::: in the unincorporated area of Riverside County known as h~g:2g~~)".·e. Rosemary Ybarra had made arrangements to meet me on October 30, L- s~e did respond to the Jurupa Valley Station. Ybarra left a message s~a~~::s she was not going to make the appointment.
ER
2 3
01 280
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SHEET
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umber:
_0_ 0 r arrival at 576 Transit St., I asked Ybarra i: s _e .... :1::" sot e Jurupa Valley Station. I told Ybarra that _a s ~e ~egar i_g her being seen on video surveillance tape. Yba~ra a~ee 'th s to the station.
=
a~e
5 6 7 8
her Miranda a vised Ybarra derstood and said, "I'm just Ybarra any further questions.
Rights per my card. '!' arra going to remain quiet II
,
sa.i c .:.~
::
::.
s'
0
as;(
9
10 1_ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
27 28 29 30
31 32 33 34
I left the interview room to fill out the appropriate pape~ ~ ~ booking process. At about 0840 hours, Detective Knudson sa:'wanted to tell her side of the story,
I spoke to Ybarra and told her that if she wanted to speak to ::-,e ::::-eca::::-c. __ g the incident I would have to read her Miranda Rights again. c.s:_ec. -"'-::""2.:: if that's what she wanted to do. Ybarra said "yes". I rea - -"'--"::;2.::::-: ::er Miranda Rights at 0854 hours. Ybarra said she understood a__ to speak me about the case. I asked Ybarra if she knew wha ~2.S g~'::'=g ::'0 '" happen when they got to Rubidoux. Ybarra s~id "noff. I aske a::::-::::-2.':'= s~e left the area after the assaul t in the stolen car. Ybarra sa i i, ---e!i., ::.:_e car pulled up to me and I got in the same seat I arrived t_ere .::.= ::::-ear passenger sea t I asked Ybarra who was driving the car. _ ar-::::-a 52.':'0 Monica was driving. Ybarra said she riding around in the car f oz' ~'~:..:::. ::" .. :0 . days, Ybarra admitted that she went into a Circle K Store i - =::'2.=2. ::'0 purchase some food items because she was hungry. Yb~rra sa'::' - s~e ~~~ dropped off in Los Angeles.
=
?
•
I placed Ybarra under arrest and transported her to the Rivers'::' -e Jail. Ybarra was booked for carjacking, assault with a dea" burglar~ and conspiracy to commit these crimes.
_
... ----
Case referred to the District Attorney's office for prosecucl02 aga':'=5the Monica Flores and Rosemary Ybarra. Flores is currently in-coos::. ~. -~ the Riverside County Jail.
35
36 37
F rther investigative work is required the surveillance videos.
to identify
the other s s ec::.s
38
39 40 41 42 43
44 45
~-
CASE STATUS: Arrest
Inv. R. Garcia
#1399
RIVERSIDE COUNTY DISTRICT ATTORNEY BUREAU OF INVESTIGATION
INVESTIGATOR'S
REPORT
REPORT MADE BY: Lutz I DATE: 12110/01 I CHARGE: 215 PC DEFENDAl"fT: FLORES, Monica et al COMPLAINANT: < > VICTIM: <> WITNESS: <>
I FILE NO.
RIF099956
On December 6, 2001 I conducted an interview with co-defendant/subject RICHARD ALD MA at Ri erside County Ju enile Hall. The interview was taped-recorded. Aldama was advised of his Miranda rights and stated the folIo ring: He first met defendant Flores approximately one week prior to the incident. They met at a mutual acquaintance's house. That would be Reynaldo Morales at his home in the Avalon Trailer Park in Rubidoux. On this occasion Flores told Aldama that she had a car. Aldama and Flores agreed to meet again at Morale's home at 0700 on an unknown day the following week so that Flores could drive Aldama to a cemetery in Los Angeles for Aldama to visit his grandmother's grave. Aldama went to Morales' home at the appointed time and met Flores. Rosemary was with her. Aldama as umed the car she was driving, a black Honda, was hers. Instead of going to visit his grandmother's grave, they drove to the Indio area and picked up a female named Vanessa. The four of them drove around together for the next .J days. Aldama had no idea thatthe credit cards used to buy food etc. at various convenience stores ere stolen. He thought they belonged to Flores. Aldama admits being the person photographed on the security video at the Circle K in Fontana.
228-28
lUVEl{SIDE COU
') Y DISTRICT ATTaR
EY
BUREAU OF INVESTIGATION
INVESTIG. ~TOR'S REPORT I_RE_P---.:..O_R_T_1\_1_A_D_E_B_Y_:_L_u t_z_------l_D_A_T_E_:---=-12 __ 1_10__ /0__1-,-- ] CHAR G I~: 215 PC DEFENDANT: FLORES, Monica ct al \)MPLAfNANT: <> \ ITNESS: < > iCTIM: < > On December four locations
I HLE
NO. RIF 999-6
13,2001 the Honorable J. Thou related to this investigation.
I first focused attention on this location aft.cr I conductc .m interview with co-defendant/subject Richard. dama 1h in Juvenile Hall on December 6 . Aldama attempted to jI'ovidc an alibi for the actual Carjacking by claiming [1' he wasn't present at the time of the Carjacking and didn : get into the st IT il . ]00 in the morning. Aldama claimc.l that he ani' ·d at his friend :700 for a pre-arram-ed meeting ". II h Flores. Aldama 111 icutc
Further investigation determined that Morales had a gali . moniker of "Vcnado" and was a documented IT: .mbcr West Side Riva criminal street gang. Morales also close fit the dcsci ipiion of suspect # 1 in the Carjac .' ng rc in that be is taller than average Hispanic males at 6-0 tal The warrant was executed with assistance of RSO detect. 'cs and gang officers. Morales was inside [he 1 was Sergio Santana. Santana, a documented West Side; :'(1 gang member, had an outstanding felony \ ar 211 Pc. Santana was taken into custody and Morales w . arrested for Harboring. The search of the location uncovered the Iollowing: • A dark blue beanie and a blue/multi-colored flannel . clothing match the description of the clothing worn 1 • A semi-automatic Jennings .22 caliber pistol next to' Also in the box was a latex glove. Morales' wallet n drav cr. The pistol shows registered to an individual; be established. • A ery expensive, specialized, Beretta shotgun in a c automobile parked in the driveway of the home. As. nearby i police car, spontaneously stated, "That's exc usivel . by competitive skeet shooters in that it is . to t e id mity of the owner is ongoing at this time.
irt were found banging in a closet. These -..: . ~ 'suspect # 1 as per the victim of the C ~-:Y ::-loaded magazine in a cigar box in a drc er ,~-ir.n.~.~r .1 other items 01" identification were I catce Corona and whether the gun is 5[0 ~•. _ c was recovered from the trunk of: ..:shotgun was removed from the c r __y uncles deer rifle." This shotgun ~ -l-barrcl set; 12,20,28, and .~l ; __ ~_
-=
0'-
0
-----------------
•
Documents and notebook- with gallL_.;raLliti. exterior of the home as well.
Photographs
were taken
or gang
gra!liti displayed
-_.
..-
\)11
.nc
Morales and Santana were transported to Jurupa Station. Morales was advised of his Miranda rights and interviewed. The interview was tape-reo .rded and is summarized as follows: Morales attempted to corroborate Aldam.is alibi. Morales said that he'd spoken with Aldama on the telephone since Aldama was arrested and placed in: uvenile Hall. He stated that Aldama was picked up "by two girls" at his horne. Opposed to Aldama, Morales stat:d it was during the nighttime. Initially Morales claimed he was unable to describe the car or ihc girls in that he actually didn't see them. Then he did see the car and girI~, but only saw them from a distance. Then be claimed t i rat he got to within a few feet at" the car and girls. At this point 1 deceived Morales and told him his fingci . .rints and hair bad been located in the car. He changed his story again and admitted to riding in the back seat 0' : he car, but not going anywhere. I told him that his fingerprints were found on the car's dash. Morales then ":! membered" thai "he loves music and music loves him" so he was reaching over from the back scat to the I «nt in order to adjust the radio. Morales' statements became even more inconsistent after that point. During the interview he admitted that the .22 pistol recovered from the dresser drawer was his. He claimed that the pistol didn't function properly-that he'd attempted to fire it inside his home and it would jam after the first shot. Mornlcs stated he bought the gun from someone about a week prior, but wouldn't provide details. Subsequent to Santana's arrest, a piece of paper with phone numbers and names was recovered from his person. Included in the list was the name and pho: .c number of defendant Monica Flores. Santana was advised of his Miranda rights and interviewed as well. 'i'hc interview W;lS tape-recorded and summarized as follows: Santana recognized photographs of Flores and Ybarra. He stated he first saw Flores at a party at Morales' home about a week prior to when he saw Flores and Ybarra show up ill a black -l-door car. Flores "wanted to be with him" at that party, but he turned her down because "she's dirty." Flores and Ybarra arrived at Morales' during the nighttime in the black car. He "heard that someone got beat down and the car was taken [rom him," but Santana denied being present when that "someone was beat down," when the car was crashed and abandoned, and denied ever getting into the car. He identified a photograph of Richard Aldama as being "his friend Richard." Santana was deceived as Morales had been and told that his fingerprints were discovered in the car. Santana then admitted that he'd lied and actually did ride in the car that night, but that he only "got a ride home from Vcnados." He said Flores and Ybarra drove him to his residence on Tilton St. in Rubidoux. No one else was in the car.
28-28
2
Details: On Tuesday 112701, I \y partner Deputy Jesse Martinez and 1 arrested Richard Aldama. Aldama was wanted for a violation of probation warrant. He was also wanted for questioning in a carjackin., investigation. Detective Ron Garcia was investigating this carjacking and we brought Aldama to the station for Oct. Garcia to interview. Oct. Garcia told me that Aldama said that he was not involved in the carjacking. Aldama said that he was with his friend Juan "Vcnado" Morales and that Morales would verify Aldama's wherea.br2~~! ..the time of the carjacking. Det. Garcia asked that I contact Morales and ~about the carjacking and if Aldama was with him iuring the time of the carjacking . . .~ ....•~~~.. .". j:'1 -.
;
.~ ~'.;.
;a..
I am assigned to worl: gangs for the Sheriff's dept., and I work out of the .lurupa Valley Station. I know that Kichard Aldama is a member of the "Wcstside Riva" street gang. I also know that Juan Morales is a member of the "Westside Riva" street rang. Morales only Jives a block or so from where the carjacking occurred. I have had dozens of contacts with Juan Morales over the past several years. I have often found him associating with young "Westside Riva" street gang members and associates. During the past year and a half! have arrested Aldama at Morales house twice for warrants. On that date at about 1500 hrs. Deputy Martinez contacted Morales at his residence. There were several "Westside Riva" street gang members and associates present at this residence. Deputy Martinez stayed with these other people, while 1 took Morales to the front of his residence. I told Iorales that I arrested his friend Richard today. Morales said, "yeah, I beard. I sai that Richard's name came up during an investigation and Richard said that orales coul verify wbere Richard was during the crime being investigated. Morales said, " -eah 1 e was with me." I
I as cd orales if he knew what type of crime was being investigated, he said, 'no I don remember.' I asked him if they were at Morales's house at the time of this crime. 0 clcs said, 'I don't know, I don't remember." I asked him if they were in Rubidoux or out of town at the time of this crime, he said, I don't know, I don't remember.' I asked him if there was anyone else with them at the time of this crime, "he said, I don't know I don t remember." I asked him how long ago the crime was committed, and be said "I don't know, I don't remember." I asked him if it was during the day time or night time he said, 1 don't know, I don't remember." I said, "but you are certain that Lichard was with you during this crime, he said "yeah." I told Morales that Richard was being investigated for a carjacking. Morales said, "Oh yeah, that's right, you have been hassling everybody over that." I asked him if a female visited around the time of tbis carjacking. He said, "Girls are always coming over here." I asked him if he knew a "Monica" and he said, "no." I asked him if a female brought over a stolen car to his house that was taken in this carjacking, he said, "I don't
know, I don't remember." I ask cd him if some me brought a black Honda Accord to his house at the time of the carjacking, he said, "J lou't know, I don't remember." I asked him if Richard left with a female in the stolen :lr. he said, "I don't know, I don't remember." I asked him if Ricl.ard left with <1 cmale in a black Honda Accord, he said, I don't know, 1 dun 't remember. 1 asked him wl .ti he remembered about the Lime Richard was with him when this carjack :ng occurred, I: . .aid, "nothing." I then returned to Deputy Martinez and Il:e others. I talked with them [or several minutes. Morales had returned with me, he sai L " I know about the carjacking, because everybody had been talking about it and sayinr they are being hassled by you for it." A few moments later he said, "you know how it': like here J01111S011, Richard was here and then he was gone, I don't know where he wen: who he left with." ')1'
Deputy Martinez and 1 left shortly after [his last statement. Status:
Opn eE2
File umber ER01280018
Continuation Sheet
P~H!e
of 13
Buebe said the five unknown Hispanic males approached his vehicle. and he was pulled out of the front driver's seat. He saw one of suspects holding what appeared 0 be a tire iron in his right hand. Buebe said the suspects hit him with numerou clo ed - -~ his body. Buebe believed he blocked many of the punches, which were aimed fo . head. This would explain the scratches and scrapes to Buebe's left arm. Buebe ran a vay from where his black four door 2000 Honda Accord (Lie. 4TAS024) was parked. As he was running away from the suspects, he remembered being chased . aleast four of the Hispanic males. Buebe then felt a tremendous pain to the ba k of his head. Buebe fell to the ground, and was surrounded by the suspects. Because of the that Buebe was in, he could not remember what the suspects were saying to him. He stood up and ran away from the scene. Bueee said he heard his vehicle being tu e but did not stop to see who was inside. Buel~ ended up at the 5501 Mission Blvd. (Donut Queen). Buebe spoke to a man who was standing near the pay phone, and old him to call the police. The unknown man was identified as Khalil H. Diaab (R.P. Buebe said that throughout his ordeal with the five male suspects, Monica or er female friend never ran away from the scene. He also mentioned that Monica did no appear to look scared or worried about the circumstances which were unfolding. While Buebe was being attended by A.M.R., I spoke to Diaab. He told me the following: He was standing outside the Donut Queen watching the employees in ide ie business make donuts. He saw a white male (Buebe) running eastbound from Rubidou. Blvd. towards his location. He noticed the white male had blood "All over his head:' Diaab said he used his cell phone to call 911. Diaab was not able to provide me with 3.I _ additional information to assist in my investigation. Diaab stayed with Buebe until ill: arrival. Buebe was transported by AM.R. to Riverside Corrununity Hospital. I followe Buebe to the hospital, to ascertain more information about this incident. At the hospital, I noticed that Buebe was more alert, and able to answer ill questions much clearer. Buebe told me ing: He had originally called the "Party line" on Wednesday, 1003 ile he was speaking to numerous individuals, he met a female who orig a y 1 . led erself as "Maria." "Maria" provided Buebe with her telephone number Buebe then called "Maria" on Thursday, 100401. "Maria" told Buef~. to begif c her by her real name, oniea. Monica did not provide Buebe. with her last name. Buebe continued to call Monica, on Friday and Saturday. Buebe told Monica he was currently in the U.S. Army and was stationed in He also told her he was in the Riverside area staying with his sister Julianna e e (Oth) until Monday, 100801. Monica invited Buebe to her residence, in order to get to know each other better. Buebz said Monica provided him with driving directions
File Number ER01280018
Continuation Sheet
Page 9 of 13
to an unknown address in the unincorporated area of Highgrove. Buebe said he planned to meet Monica on Sunday, October 07,2001, about 0100 hours. Buebe said he remembered exiting the "91 Freeway" at Center Street in Highgrove. It should be noted that Buebe was actually speaking of the 215 free a' (Northbound). He said he exited the freeway, and drove eastbound on Center Street turned right on the first street, past the railroad tracks (Transient). He drove his car towards the end of the street, until he saw a Hispanic female walking past a gated residence. The female introduced herself to Buebe as Monica.
He
Monica told Buebe she was uncomfortable being alone with him, and asked him if it was "O.K." to have a friend join them. Buebe agreed. Buebe said he could not remember Monica's friends name, but did describe her as: A Hispanic female; approximately 5'11; 340 pounds; brown hair with blond streaks; could not remember clothing description. Buebe said that within a few minutes, Monica asked him if he would drive her friend to another friend's residence, in the area of Rubidoux. Buebe agreed, and began to drive towards Rubidoux. Buebe said he could not remember speaking to Monica or her friend while they were driving, because his radio was turned on too loud. Buebe exited the freeway (60 West) on Rubidoux Blvd., and drove southbound. He said Monica had him drive around the area, until she directed him to an unknown street. Buebe remembered there was a large dirt field on the comer of the street. Buebe remembered parking near a residence, but could not remember the exact street name. Buebe said Monica's friend did not exit the car. Instead, she asked Buebe if he had a cigarette. Monica exited the front passenger seat, and walked around the front of the vehicle, towards Buebe. Buebe also provided Monica with a cigarette. Buebe said the three of them remained in the immediate area speaking. Buebe said that Monica's friend never attempted to exit from the rear of his vehicle. Buebe said a Hispanic male (Susp. #01) walked towards the driver's side of his car. Suspect #01 started yelling at Buebe, in what he perceived to .. anish. The only word he understood was "Holmes." Buebe described Su:sp~' '#01 as: Hispanic Male; 5' 10-5' 11 in height; 16-17 years old; medium built; blue beanie; and a blue/multicolored pendelton shirt. Buebe said he knew something was not right. He attempted to start his car, and drive away. Suspect #01 grabbed Buebe by his left arm and attempted to drag him out of the car. Buebe was unable to start his car. Buebe looked in his rear view mirror, and saw fou:f'fndividuals running towards his car. Buebe stepped outside his vehicle, and shouted, ''I'm not a gang member." The four suspects stopped near Buebe's location. Buebe said he immediately noticed that one of the four suspects held a tire iron in their right hand. Buebe could only describe the
File umber ER01280018
Continuation
Sheet
Page 10 of 13
four suspects as being Hispanic males, average weight, and average height. was too scared to notice anything specific about the four individuals.
He said he
The events which were described by Buebe in the beginning of this report. was what Buebe told me happened after he was approached by the four additional su pee . Buebe believed he was "Set up" by the female who represented herself as being Ionica, He described Monica as: A Hispanic female; about 5'08 in height; approximatel 130 pounds; brown shoulder length hair; with a stud piercing below her lower lip. During my interview with Buebe at the hospital, he notified me that his ehicle was equipped with a Lo-Jack anti-theft system. I had Deputy Triputra (Oth.) contact CLETS, and have the vehicle entered as a "Stolen Carjacked" vehicle. CLETS was notified that the vehicle was equipped with Lo-Jack, and they said it would be acti ated. After Buebe was cleared by the medical staff at Riverside Community Hospital. I asked him if he was able to show me where Monica's residence was located. Buebe agreed to show me, the exact same route he drove to meet Monica. We arrived on Transient A venue, in the unincorporated area of Highgrove. I drove Buebe passed all the residences on Transient, until he saw the house where Monica had come from. The residence was at 569 Transient. I, along with other Deputies approached the residence. I knocked on the front door, and was greeted by an adult female who identified herself as Cecil a Gutierrez (Oth.) Gutierrez told me she had two daughters by the names of Priscilla and Monica Flores. Inside the residence was Priscilla, her child, her baby father Christian Ivan Garcia (Oth.), and Gutierrez's son Dorian Lee Gutierrez (Oth.). Gutierrez told me she had last seen Monica on Sunday, October 07,2001, about 0100 hours. She did not know where Monica went, or with who. She also added that Monica did not live with her, but instead lived at unknown address in the city of San Bernardino. She did not know her own daughters telephone number, and said she had no way of contacting her. I asked her if she had a friend who was heavy set. Gutierrez said she had a friend named Rosemary Ybarra who lived She said Gutierrez is over 250 pounds, and tall. I asked Gutierrez if Monica had any friends in the area of Mira Lorna, Pedley, Glen Avon, or Rubidoux. She said Monica had some friends who lived in Rubidoux, "Near Club Metro." She did not know the exact address or street name. I aske what her telephone number was to her residence. Gutierrez responded with This was the same telephone number Buebe had used to call Monica. Gutierrez was not able to provide me with any additional information. As I walked through the Gutierrez residence looking for Monica, I noticed a picture frame. Gutierrez told me the pictures depicted Priscilla and Monica. I told
File Number ER01280018
Page 11 of 13
Continuation Sheet
Gutierrez I would be taking the picture frame, along with the pictures for evidence. Gutierrez was provided with a receipt. I spoke to Christian and Dorian. Neither one of them knew why I had arri eel in their residence. They each denied seeing Monica earlier in the day, and said the had been at the residence all day and night. An in-field line up was conducted with Christian, Dorian, and Priscella. Previous to the line up, I read Buebe an in-field admonishment. Buebe told me he understood the admonishment. Buebe said Priscella was not the female who identified herself as onica, As far as Christian and Dorian, Buena was not able to identify if they were invol ed. I showed Buebe the picture frame. He immediately pointed to the picture, which was on the right side, and said, "That's Monica." I asked him if he was sure. He said, "That's the same girl I picked up." Buebe chose the picture of Monica Flores.
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.. .
•
I went to the residence • contact Rosemary Ybarra - (Oth.). A female who identifie dez (Oth.) met me at the front door. She said Rosemary is a friend of hers, and was currently living in her residence. Rosemary was not at the location. Hernandez described Rosemary as being a "Big girl. almost 350 pounds." She had last seen her around 0100 hours on Sunday, October 0 . 2001. She left the residence with Monica to an unknown location. Hernandez did not know if they were accompanied by anyone else. Hernandez said that Rosemary currentl works for the city of San Bernardino, as a filing clerk. Hernandez said she drives Rosemary four days out of the week, to San Bernardino City Hall. During a search of Rosemary's room, I saw a probation card for an Erika Tellez (Oth.-Probation Officer). Hernandez did not know if Rosemary was on probation. She did say that Rosemary was in trouble with the law in the past, but did not believe Rosemary was capable of committing anything now. Inside the residence was Sotero Astroga (Oth.) He told me was at a dinner party earlier in the night. He also added that he was on probation. Astroga agreed to participate in the in-field line up. Buebe could not identify Astroga as being one of the suspects involved in his assault. I drove Buebe back to the Rubidoux area, so that I can attempt to establish where the crime scene began. Buebe directed me to the area of Pioneer Avenue, as P9ssibl being the area where his vehicle and his assault took place. There was an empty '.~ ld on the West Side of the street. This was the main reason Buebe believed Pioneer Avenue was where he stopped his vehicle. However, Buebe could not show me exactly where his vehicle was parked.
File Number ER01280018
Continuation Sheet
Page 12 of 13
Buebe desires prosecution in this case and is willing to testify in court. Buebe said he would be able to identify Monica and her friend (Rosemary) if he sav them again. He would also be able to physically identify Suspect #1, but not be able to describe hi facial features for the purpose of conducting a sketch. All the individuals who were contacted on Transient Avenue were advised about the current investigation dealing with Monica and Rosemary. They were all notified to contact the Sheriffs Department if either of these individuals return to their residence. They were also notified that Monica and Rosemary were not suspect's, but merely needed to be interviewed. This case will be submitted to the Detective Bureau of the Jurupa Station, so a further investigation can be conducted to determine the rolls that Rosemary and Monica played in the carjacking and assault of Buebe.
Status: Open/CE-2
-
.;,,
.
~.
:. .
.
I
INCIDENT REPORT
~I
RIVERSIDE COUNTY ~RIFF
o (Arid or Change co) (Add or Chane~
12. OFFE 'SES - ;:;Q:JE ScCTIO
CRIME
(0)
/ 15. REF DIST.
6. OCCURRED 0
VICTIM - REPORTING PARTY - WITNESS - OTHER: ..)}tiYlo,22
LE (Last. First. Middle)
fStt;;~'. Buebe, Jeremiah 32. RES!D
(p.B.)
CE ADDRESS CITY
ZIP
47. RESIDENCE ADDRESS
CITY
ZIP
48. RES. P--O'-"::
49. BUSINESS ADDRESS
CITY
ZIP
50. 6JS.
34. BUSh ESS ADDRESS
;ni0~37.I\AME
(Last, FU"St,Middle)
0 Adult
SUSPECT: :tsi:JS#
D Parole
~Juvenlle
52. NAME (Last, First. Middle)
::I$;g;~; Aldama, Richard
OI'J£15M.o
62. DRIVERS LICENSE NUMBER/ID NUMBER
63 STAT
64. SOCIAL SECURITY NUMBER ZIP
67. RESIDENCE ADDRESS
'7 y
P-::;'.:
[(
L.y
P tLE.>5
A " e: ' CITY'
69. BUSINESS ADDRESS
[ 1
JUVENILE DISPDSmON;
7'.
Other Juris.
( 1
ZIP
Within Dept.
Juv. Crt Prob.
[
J
Detained
GANG DATA
72 Gang
ame(s):
GJ
Member
Westside Riva
D
~ssoclate
[XlSelf Admit 0
Prior Knowledge
TATTOOS/SCARS/MARKS Face
0
Ned<
0
R.Arm
D
L.Arm
D
Hand
0
Torso
D
Back
D
Legs
VEHICLE:
82. COLOR/COLOR 86. REGISTERED OWNER
64. OTHER IDENTIFIERS CITY
STATE
ZIP
88. PHONE
~~----------------~
~ ~"-. ~ _ FJL~ NUMBER
ER 01 280
1 2
018
I
CONTINUATION·SHEET
I
Page Number:
2
one audio-cassette tape of interview with Richard dama, recorded at Jurupa Valley Station, booked into evidence by Garcia.
Evidence:
3
4 5 6 7
B 9
10 11 12 13 14 15 16
Details:
.During the carjacking investigation of Vi ctim Buebe {10-07-0 it was 'Siiscoveredthat suspect Monica Flores an Rosemary ybarra had used Buebe's stolen credit card. I obtained a video surveillance tape from t'e Circle K store located at 16880 Slover Ave. in the city of Fa. ana. The surveillance tape, which was dated 10-08-01, showed Flores and Ybarra/ along with an unknown female and an unknown male accomplice.
/ asked the Gang Deputies Johnson and Martinez to view the tape with e to assist me in identifying the unknown accomplices. After viewing the tape, £eputy Johnson and Martinez believed the unknown Hispanic ma e to possibly be a Westside gang member Richard Aldama. I
17 18
19 20 21 22 23 24 25 26 27
28 29 30
31 32 33 34
35 36 37 38
39 40 41 42 43 44 45
46
Aldama whereabouts were unknown warrant for his arrest.
because
he had violation
of pr bat ion
On November 27, 2001, Deputy Johnson and Martinez arres •... ed Ricr:.ar' A:dama for the outstanding warrant. Aldama was brought to Jurupa a__e: ~a~'on at my request for questioning regarding the videotape. aQv~sec Aldama his Miranda Rights per my card. Aldama said he understoo ~~s r~g~ts and would talk to me about the case. I showed Aldama a photograph of Mon i ca Flores and asked :.:'1. :.eKnew her. Aldama said, "that's the one that picked me up". I asked ~cia~.3.~f it was in a black Honda. Aldama said, "yes". Aldama said he COli d !:ot remember the date Monica had picked him up from his friend's ho se i_.-~e orning. Aldama said that Monica told him the black Honda belo~ged ~o ~er and she had just gotten the car. Aldama said he did not ask Monica ~ly questions about the car. I asked Aldama hO ong he was with Mo. ica. _ ':'damasaid, "about three days we kicked it eve ere parks everyw1:eYe'I.A_dama said Monica offered to take him to see his g dmother's grave ::. ..:'osAngeles. I asked Aldama if he knew the black Honda was sto e~. A':'da~zsaid he did not know the Honda was stolen. Aldama said he was ~ t ~~'o~ved in any carjacking.
that I knew they had gone to LA b t :: .. e ~a a so gone to e of Flores' other places. Aldama said they went to _ .d~o to piCK l:? o.... girlfriends. I told Aldama
told Aldama I saw his photo in the viceo s'rveil a.ce tape. I showed Aldama a still photo made from the s rvei la~ce tape. A.:.damaa itted to recognizing himself in the picture. I
I CONTINUATION SHEET I 1 2 3 4:
5 6
Page Number:
3
Aldama said Monica told him to get whatever he wanted from the Circle K and she would buy it for him. Aldama said the credi~ card be o.ged to Monica. Aldama said he did not know the credit card was sto e . Aldama said to contact his friend Juan Morales and he wo Monica Flores picked him up from Morales' trailer.
d ver~fy that
7 8
9 10
11 12 13 14 15 16
I asked Aldama how he knew Flores. Aldama said he met Flores about one week prior to being picked up by her in the black Honda. A da a said he talked to Monica about 10:00 P.M. and they made arrangements for him to be picked up that morning.
Aldama admitted to riding in the black Honda driven by Monica Flores but denied having any knowledge that the car was stolen. Aldama was transported to Juvenile Hall and booked for his
V.O.P.
warra
t .
17
18 19 20 21 22 23 24
, ,
No further details.
CASE
STATUS:
Arrest
Inv. R. Garcia # 399
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Details: On Tuesday 112701, my partner Deputy Jesse Martinez and I arres ed Richard Aldama. Aldama was wanted for a violation of probation warrant. He was also wanted for questioning in a carjacking investigation. Detective Ron Garcia was investigating this carjacking and we brought dama to the station for Det. Garcia to interview. Det. Garcia told me that Aldama said that he was not involved in the carjacking. Aldama said that he was with his friend Juan' Venado" Morales and that Morales would verify Aldama's whereabouts at the time of the carjacking. Det. Garcia asked that I contact Morales and ask him about the carjacking and if Aldama was with him during the time of the carjacking. I am assigned to work gangs for the Sheriffs dept., and I work out ofthe Jurupa Valley Station. I know that Richard Aldama is a member ofthe "Westside Riva" street gang. I also know that Juan Morales is a member ofthe "Westside Riva" street gang. Morales only lives a block or so from where the carjacking occurred. I have had dozens of contacts with Juan Morales over the past several years. I have often found him associating with young "Westside Riva" street gang members and associates. During the past year and a half I have arrested Aldama at Morales bouse twice for warrants. On that date at about 1500 hrs. Deputy Martinez contacted Morales a>his residence. There were several "Westside Riva" street gang members and associat es present at this residence. Deputy Martinez stayed with these other people, while I k Morales to the front of his residence. I told Morales that I arrested his friend Richard today. Morales said, 'Yeah, I heard." I said that Richard's name came up during an investigation and Richard sai taar Morales could verify where Richard was during the crime being in es .ga ed. _1 > .es said, "yeah, he was with me." I asked Morales if he knew what type of crime was being investigated, he said, "no, I don't remember." I asked him if they were at Morales's bouse at the time of-' z crime. Morales said, "1 don't know, I don't remember." I asked him if they were' Rubidoux or out of town at the time of this crime, he said, I don't know, I don't remember." I asked him if there was anyone else with them at the time of this crime, "he said, I don't know, I don't remember." I asked him how long ago the crime was committed, and he said, "I don't know, I don't remember." I asked him ifit was during the day time or night time, he said, I don't know, I don't remember." I said, "but you are certain that Richard was with you during this crime, he said "yeah." I told Morales that Richard was being investigated for a carjacking. Morales said, "Ob yeab, that's right, you have been hassling everybody over that." I asked him if a female visited around the time of this carjacking. He said, "Girls are always coming over here." I asked him if he knew a "Monica" and he said, "no." I asked him if a female brought over a stolen car to his bouse that was taken in this carjacking, he said, '1 don't
--
"L
"'.
know, I don't remember." I asked him if someone brought a black Honda Accord to his house at the time of the carjacking, he said, "I don't know, I don't remember." I asked him if Richard left with a female in the stolen car, he said, "1 don't know, I don't remember." Iasked him if Richard left with a female in a black Honda Accord, he sai I don't know, Idon't remember. I asked him what he remembered about the time Richar was with him when this carjacking occurred, he said, "nothing."
I then returned to Deputy Martinez and the others. I talked with them for se 'e minutes. Morales had returned with me, he said, "I know about the carjacking, 'beca e everybody had been talking about it and saying they are being hassled by you for i ."A few moments later he said, "you know how it's like here Johnson, Richard was here an' then he was gone, I don't know where he went or who he left with." Deputy Martinez and I left shortly after this last statement. Status:
Opn CE2
--
!.-
INCIDENT REPORT
_..DATE PR~PARED: ~-() \
OJ 0 ~
RIVER3IDE
o
COUNTY SHERJFF CA0330000
INITIAL
SUPPLEMENTAL 7.";"'"
ARR
COUNTS
.0.
OFFeNsES-
CODE S~CTION
'2.
OFFeNSES
- CODE SECTION
C",,"9"
(Aci1 or
(Add
0' Chilnge
III
CR.ME
COUNTS
11. fOP O::lDE
I:»
CRIMe
COUWTS
'3.
14. LOCATION OF OCCURR~CE
• O. BUSINESS
16. OCOJAR£DON-
15. REP. OIST •
NAME
19. BIJSI'oIESS
DATE
EDPo)OE
I l1ME
PHONE
o ~~~~~~~~-------------------------..~-r-~~~--~~ VICTIM - REPORTING PARTY - WITNESS - OTHER:
Lc ~'.
WSINESS
,.J
ADDRESS
41. RESIOENCE
Ag,
See Additional Persons RePort
BUSINESS
.•••OORESS
ADD~ESS
o
SUSPECT:
j~!~ll;i.:
52. NAME
ZIP
OTY
o
0 Juvenile
Adult
OO.BU&'PH::>NE
Parole .c •••
IL"l FWl ~.)
:.:.:::::.:::::}:.'.:;:.:.:: 62.. DRIVER'S
UCENSE
NU~
IIC
NUM3EA
64. Sl)OAJ...
SECURITY
NLM3CR
87. RESIDENCEADORESS
6~. BUSINESS
AODAESS
71.
JUVENILE
ZIP
OTY
DISPOSITION:
72.
[
) O!l1er Juris.
[
) Juv. CI1. Prob.
[
)
)
[J
01Detai ed
TA TTOOS I SCARS I MARKS / CLOTHING DESCRIPTION
GANG DATA
Gang
Delained
70. BUS. P>
Name(s):
o
Member
o Assodate
DSe~Admit
TATTOOS/SCARS/MARKS
o
Face
0 Neck
OR.Arm
OLArm
o
VEHICLE:
ji~;.I[~:175.
0 Hands OTorso
DBad<
0 Legs
REFER TO CHP 180 FORM FOR STOLEN, RECOVERED,
TOWED OR IMPOUNDED
UCENSE
02. COlo;>JOOLO;;
66.
REGISTCRED
H
O'M-:ER
OTHER
'OE>o"TlFIEFiS
STATE
o
ZIP
00.
DISPO SnoN
00.
P+-ONE
OF Vt>11Cl.E
ER01280018
CONTINUATION SHEET
PAGE-.Z
DETAILS: On Tuesday October 9, 2001 at approx. 1020 hrs., I was dispatched to [he vlobile Gas Station located at ., in the unincorporated area of Ri verside Co known as Rubidoux in regard to located stolen vehicle. I was advised the California Highway Patrol was investigating a hit and run {[:1 :I collision at the location. The vehicle, a 2000 Honda Accord with California plates 4T AS024 hit the curb area near the gas pumps on the southeast portion of the busi e- . Two males were seen running from the location after the collision. A search of the area was conducted with several units including the Sheriffs heli No one fitting the description was located.
0
The vehicle returned as a reported stolen vehicle on October 7,2001 from the R bi 0 x area. The vehicle was taken during a carjacking. The vehicle was located on it wheewith the right from tire and front end damaged. Both front passenger and driver doo: were left open and I located a key in the ignition. I spoke to Cashier Carlos Leon. Leon told me he was working inside the Mobile G Station and heard a loud crash. He walked out side and saw two males running fro . vehicle. The males were last seen running south on Fort from Mission Blvd. One a e described as being Hispanic, approx. 19 to 20 years old, and 5'7" tall weighing approx. 1201bs. He had a shaved head and was wearing baggy blue jeans and a blue footba 1 type jersey. The second male was described being approx. 18 to 20 years old, -, "':!.~ and weighing approx. 130 to 140 Ibs. He was last seen wearing a tan shirt and an unknown colored pants. No further description was given. Leon told me he did no ee the faces of the males and would not be able to identify them if seen again. Sgt. Johnson advised me he wanted the vehicle processed by I.D. technicians at he .D. Office located at t., in the city of Riverside, so that it could be sear he or evidence. I contacted dispatch and requested a tow to transport the vehicle to 1111 Spruce St. per 22655 Vc. (Evidence) I contacted ISB / CLETS and removed the vehi le as stolen from the S.V.S. and had it re-entered as Evidence. At approx. 1132 hrs., Victoria Tow arrived and towed the vehicle to the Spruce S . address. The vehicle was left at ~ for processing. At approx. 1500 hrs., I was contacted by I.D. Tech Maestas. Maestas told me she had completed her search for evidence and I was able to release the vehicle to the owner.
ER01280018
CONTINUA TION SHEET
PAGE-=t
I was unable to contact the victim by telephone. I was unable to locate the victim's home or work telephone number. I completed a second CHP 180 form and signed the release portion of the form. The vehicle was later towed by Victoria Tow per 22651 ( )
VC.· I contacted ISB / CLEtS and changed the status of the vehicle to a recovered stolen vehicle. This report will be referred to the detective bureau for further follow up in vestigation.
CASE STATUS: OPN CE-2
•••••
..I
•••••
-"
N~TICE OFsioRED~VEHICLE (22852 VC) R
LOCATION
rr.
/J
RTING DEPARTMENT
'f-uUS:;-~
(t:7 .
TOWED I STOLEN
OCATION
CODE
NOTE: CHP 100 IS FURNISHED TOAl PEACE OFFICERS BY THE CALIFORNIA HIGHWAY PATROL
DATE I TIME OF REPORT
FROM
OF STORED VEHICLE PERSONAlLY
0
LlC. CLEAR IN SVS?
0 YES~ 0 YES.KJ
COLOR
LICENSE
VIN CLEAR IN SVS?
o
SrpRED
o
IMPOUNDED
NO NO
NO.
:>
L
L
o
NOTICE
DELIVERED
....;;/Q,
A
RELEASED
RECOVERED
o
JUNK
TIRES
- VEHICLE I COMPONENT
DUNK
I WHEELS
LEFT FRONT VESSEL AS LOAD
BURNED HULK per 431 (c) VC VANDAlIZED
FIREARMS
LEFT REAR
ENG. I TRANS. STRIP
OTHER
RIGHT REAR SPARE
MISC. PARTS STRIP BODY METAl SURGICAl. RElEASE
--:--
RIGHT FRONT
HUB CAFS
STRIP
STRIP per 431(b) VC VEHICLE
0 RJO OR AGENT
TO.
NAME OF PERSON I AGENCY
E OF PERSON
IGNITION
AUTHORIZING
AlJTHORIZING
~
RELEASE
RELEASE
SPECIAL 'NMEElS
KEY AGENCY
HOLD
DAllE
CERTIFICATION: I. THE UNDERSIGNED. DO HEREBY CERTIFY THAT I AM LEGALLY AUTHORIZED AND ENTITLED TO TAKE POSSESSION OF THE ABOVE DESCRIBED'VEI-!K:LE. SIGNATURE
OF PERSON TAKING POSSESSION
SEE REVERSE FOR INFORMATION
1~11
BOOKING
SHEET
-;.-:aooting
Aumber: 20013B624
- ~ing
Date: 10/31/2001 BooJ1ng Time; 111.6 YBARRA, ROSEMARY LYNN
~.••••
-:
- Addre •• :
576 TRANSIT HIGHGROVE 909-781-4245
STREET
CA
92507
Booked By: Corporal Arresting Officer: R. GARCIA Tranaport Officer: KNUDSON ~:.Agency: Riverside S.0 . Date: 10/31/2001 :. Location: 7477 MISSION
c:' ATrettt
.!
Sex
Female
1.
GavlS
Number: 1399 Number: 1793 Nu~)er: ER01280018
Time: 0813
/
RUBIDOUX
DOB: 11/23/1981
Birth Place: ...,O_G 3EA""F. Citizen ? v
CA
U.S.
..hee
: H - Hispanic
<; Heigbt:
5'
~ Weight:
260
~~ ~8
GRN BRN
." Hair
09"
SSN DLN Emergency
Contact
CECELIA ~vlIERREZ 000-000-0000
Possible 2nd Strike? NO l~tifying Features: NONE
Possible 3rd Strike? NO
Section
Code
Class
182 215 (A)
PC PC PC
F F
-y CONSP/TO/COMMIT/A/FE CJ~JACKING ~)W O/THAN F/ARM GBT F
PC
F
BURGLARY
D~~scription
245(A)
459
(1)
--
--
---.,...•... -
-
F
J'~.~Jtli.';t~~¥:1J."~~~"'r"'7-" .tt:'.~J.'",~~:,,!;o.;. 'u3!'if":·':':··~,,"",
~~:t'r.i{1ftr 1511 , f Ioolling- t~: 200138624 :"'-~1ng ~: tfa..ot
Date: 10/31/2001 YRARRA. ROSEMARY
File Assembled: Warrants/Wants
-;::'..: ""'~ "';'.'~~""'-:""'.
~:: ...• ,,"_.-:-.
"""!"!'-~~~~~.II.tm~•••••
"",. '~~~.~~~':":~-'-""'."".":"'.
BOOKING SlmET Booking Time: 1126 LYNN
J'
By
~G:
By
~[r
Date
U
Hot.al~lm
Date
q~/~
Time
!Ct!/~c>{
7i.
INFORMATION: FINE
PAYMENT ~'. 9ONOPAYMENT
$
RECEIPT #
DAYS SERVED
$
RECEIPT #
DAYS SERVED
$
RECEIPT #
$
BOND #
BOND AGENCY
$
BOND #
BOND AGENCY
.~- -aPPEARANCE DATE:
TIME
~.
TIME
}.~
:~RBLEASED
COURT
TO:
OFFICER
<. 'METHOD
OF RELEASE:
,~ ,»
I.D.
_-,5.-::-~
* * * * * * * * * * *
r -<
COURT
-----
+
COM
MEN
AGENCY
#
_ T S
/
NOT
E S
* * * * * * * * * * * *
------
~~.--------------------------------------------------------------------------------~
;~.
JAIL
INFORMA'i'ION MANAGEMENTSYSTEM RELEASE VERIFICATION
I
looking
Number: 200138624 YBA.RRA, ROSEMARY LYNN
Name:
Status:
STPR
on 10/01/2002 laentifying
Features:
Authorized
2155
SeA-A. Holmes
NONE
By:
~--=:----=~
~
.1 ~'3 ;9
Imn~'~\~~epfied
/tl tJ~ Q ~ Date 'tile
by
,oj; ,,)2
----=---.----~LLl\ll8/ 0 Release paperwork Verified by Clothing
Released:
TYPE , SHIRT 0~;PANTS ·;.SHOBS
B. x:
DESCRI BEIGE
PT I ONC-
BEIGE
OVERALLS
Released:
Box:
TYPE WATCH
DESCRIPTION
EARRINGS
3 WM
./ DATI:: ---------7~---------~~
tp1f'IU y
. ~S=-=ED=--T=-O=--
.~#I.
:~:~ 1 Certify
DATE
JObWL \
~
'--t.b~~~
~~
RELEASE
Date
Ol=;"'F=I:'-::C=E=R~S-o-IG=N=A:-:TUR==E
that all property and monies 3·;:}~be1.onging to me have been returned and accounted for ;:;:!by the Sheriff and r e I ease the Sheriff from a Ll claims. #~"-'i
_
WM
$0.24
~;;~
Daf.e(Time
-=.::.R=E L=EASED TO
Cash Received
:~,,..DbA
,22 3X:>
y
BLK
Property
Ud-/~
Time
()~
;?$J~~i,::'~ ,..,,-. ," , .
r''l~t~ln()~l ~.~.:pQoltil~
11:34
Number:
INTAKE RECEIPT
Dav ia-
:200138624
»a_:
YBARRA. ROSEMARY LYNN Booking Date: 10/31/2001
lde.ntifying
Booking Time: l126
Pe at ur e s . NONE
PER
T Y BEIGE BEIGE OVERALLS BLK WM 3 WM
#
Items
$5.00
Cash Taken
_
I certify the above is a correct. record of my personal p roj coy and authorize the Sheriff to receive and inspect my mail wh~ e conflned and agree not to hold the Sheriff responsible for oney or ar~icles taken or mailed to the jail for me.
,,....
.h
;.~
INMATE
SIGNATURE .
OFF' CER SIGNATURE
BOOKING
&~~Q.=:'-4'jut -~ ~ ~
K{,..l
..
2Itt
/ Housing Location
Telephone Contac By Arresting Agency None Desired Phone Room Time #
#
RIG Time
£
.",~ It}TAKE:
~
\
\
•••••••••••••••••••
Crp6/',t =::::\~, ~
.IGNATlJRE
\
File Breakdown : Date
H T INTAKE
...-b110/_ ,
Time
~?J
Time
I.fif25:
T HUM
B P R I N RELEASlt. 11••••••••.
'
S7
~~·~~~F~.~~;; ;;.
"'-~
'~t~.~_:-
-~;~ -'i~/C;~OOi
JAIL
2\!S ~S
INFORMATION MANAGEMENT / CASE INFORMATIO (PR
BAIL INQUIRY
a.ooki·n.~ ••
200138624
!nd of Sentence Date:
~I
Name: YBARRA, ROSEMARY 10/01/2002 Cell: 21C1
PAG! ..
LTh"N
Case Information Arrest Date Court Informacl~n ~6NVi~-~~C~a~B~e~~~~------------~~1~0~3~12~0~0~1~0~8~1~3 1102200 0800 R.~C 1115?OOl 0830 RCC 12042001 0830 RCC 12132001 0830 RCC 12202001 0830 RCC 010427c02 0830 RCC '~ Riverside S,O. BOOKING ER01280018 CTRL y RIFI001S6 SEE CASE RIF099956 CORSP/TO/COMMIT/A!FELONY NF PC 182 C'AkJACKING 215 (A) CTRL PC 245(A) (1) ADM O/TMAN F/ARM GBI FRC CTRL PC 8tJttGIARY
CTRL
459
PC
Added Case from Court
, Riverside
S, O.
SENT
_. CARJACKING :~'.ADII O/THAN
GEl
FRC
;: BURGIARY
<;' BURGLARY
i,; :BURGLARY ____________________________________________
&
DISM
215 (A) 245 (A) (1)
SENT
459
SENT F/ARM
6YR~
SENT
459
DISM
459
RC63 RC63 RC63 RC63
RC63 .00
Ol0402
01042002 0800 01162002 0830 01302002 0830 02132002 0830 02202002 0830 02252002 0830 03052002 0830 03152002 0830 04052002 0830 04192002 0830 05032002 0830 06142002 0830 07262002 0830 08262~O 0830 09272 2 0830 RIF099956 SENT
ADDCASE
Ba'l/Fine RMV
RCC RCC RCC RCC RCC RCC RCC RCC RCC RCC R""~ '-'RC"" RCC RCC
RC63 RC63 ReS1 RC51 R"'Cl '--'4 RC51 RCSl RCSI RCS1 RC43 RC43 RC43 RC43 RCID
RCC
RC43
Y
.00
41>1NTHS STPR
..
PC PC PC PC PC
09272002
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/( /r.: ------~----------------
STATEMENTOF 'eUaLE
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WELCIJME XXXXXXXXXXXX18'S9
VISA
BB42966Z
B8B4 INvOICE :BB~7~9 48-1BBUASHIHGTDN
CIRCLE K "5B87
BERMUDADUNES [:11
PRODUCT
QUANTITY
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AUTH B8-996892 REF 9B1 27-807
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SUPERIOR~URT 7
i
OF CALIFORNIA, COUNT~r 4100 Main St. Riverside, CA 92501
People of the State of California Vs. ROSEMARY LYNN YBARRA,' MINUTE
RIVERS DE
CASE NO.
RIF099956,
ORDER
===:====;===:===:=;====================:====;=;=======================
Sentencing (SENT) Date: .09/27/02
Time:
8:30 am
Dept/Div:
43
====================r=================================================
Charges: 1) 215(A) PC-F c, 2) 245{A) (1) PC-F D, 3) 459 PC-!l'C 4) 459 PC-F c, 5) 459 PC-F D
,
J
Honorable H. J. HERNANDEZ Presiding. Clerk: M. RICO Court Reporter: K. GUNN People Represented By S. FOLEY, DDA. Defendant Represented By CDP-J. VAN WAGENEN. Defendant Present. At 1:45, the following proceedings were held: No Legal Cause why sentence should not now be pronounced. Defendant Waives Arraignment For pronouncement of judgment. Probation Is Denied and sentence is imposed as follows: (SENT) As to Count(s) 1, the Court imposes the MID term of 5 year 0 months. Principal Count Deemed to be Count # 1. As To Count 3, 'the Court imposes 1/3 the MID term of 2 years for a total of 0 years and 8 months. Count 3 to Run ConSecutive to count 1. As To Count 4; the Court imposes 1/3-the MID term of 2 years for a total of 0 years and 8 months. Count 4-to Run ConSecutive to count 3: Sentenced to State Prison for a total term of 6 years and 4~ months. . CREDIT FOR TIME SERVED of 331 actual days plus 50 days pursuant to 2933.1 PC for a total of 381·days. Pay Restitution Fine pursuant to 1202.4(b) PC in the amount of $200.00.- (PRISON) Additional Parole Restitution Fine imposed pursuant to 1202.45 PC in the amount of $200.00j suspended unless parole is revoked. (PRISON) For The Charge{s) 1 3 4. FURTHER ORDER: Pay Restitution purs to 1202.4 PC directly to the victim. Victim Restitution to be determined. Financial Services to forward court's findings to Department of Corrections. Pursuant to section 2085.5 PC, Department of Corrections is
Page: Case Number
: RIF099956
People vs. ROSEMARY
YBARRA
===========================;==================================================;=
authorized to collect restitution Obligations. Count(s) 2 5 dismissed in the interest of justice. (1385 PC) Court Orders Enhancement(s) CX-186.22(b) (4) (c)PC in Count 1 Stricken. Court Orders Enhancement(s) GA-186.22(B) (l)PC in Count 3 Stricken. Court Orders Enhancement(s) GA-186.22{B) (l)PC in Count 4 Stricken. --Defendant waives comment to probation. District Attorney's Office is ordered to provide Crime report to the clerks office forthwith. Sheriff to Deliver Defendant to California Department of Corrections at FRONTERA. Remains remanded to custody of Riverside Sheriff. Minute Order printed to Robert Presley Detention Center. **MINUTE ORDER OF COURT PROCEEDING** Dispo
2
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//-<13 -?/ ~,
ABSTRACT OF JUDGMENT - PRISON COMMITMENT
FORM DSL 290
(F 0 [b
SUPfRIOR COURT OF CAUfORNIA. COUNTY OF BRANCH
1 0
CASE NUMIIER ISI
PEOPlE OF THE STATE OF CALIFORNIA Y'LS"-. DEFENDANT: ROSEMARY LYNN YBARRA
o
AKA: COMMI11IENT TO STATE PftISON AS Of JUDGMENT
0
SUPERIOR COURT OF CAUOFORNIA COUNTY OF RIVERSlI)E
RIVERSIDE
AMENDED ABSTRACT
SEP 3 0 2002
- A -B
!.
Jt{I
-c
NOT PRESENT
-D - E
0 AK
M. RICO
H. ~. HERNANDEZ COIRtSI:l FOR mFENDANT
CDP-~.
.. 1. W~NT
o
WM, OOWOEO
~L
COUNT
Of TI£ COMMISSItW OF THE RllOWlNl
1
(NUMBER OF PAGfS)
Sf.CTQj NUMBER
P
C=~
FEUNES lOR AlTERNATE FELONY/ MISIlEWANORS):
COONTS ARE LISTED !W ATIACHMENT COtl
PROBATKW NO. OR PRCtiATKW cmceR
VAN WAGENEN
CRIME
SENTENCE RELA~
~~----------~------~--~--.--r--r-~--~~---I~ .
U
MO
OAY
CONVICTED BY
U ~~.t
I
~I ll••
I~
a
i
~ P inci al X ~ 1"1 X
215(A)
44'9** '•••
P
§.
~r
j!!
,3 :~:~':,
4
i Is~iI! I~ill
i
.J
YEAR
!'ti
!i
5
I'RKIPAl OR CONSrnJT1VE TIME IMPOSED
YEARS M!M~
~
••e....•.
. 'C~ ;';;;
f
'"
2. ENHANCEMENTS Chlll1led and !ound uua TIED TO SPECIFIC COUNTS (mainly in 'the § 12022-!8ri8$, incJtJding WEAPONS. INJURY. LARGE AMOONTS Of COOROLLfD SUBSTAIUS. BAI STATUS. ETt.: ftJr each CWlI list Bnhancements horizonlially. Enler lime imposed lor each or 'S' fllf s!lye!! or rui:kan. DO NOT UST Bnh8llcemenls c"-1Ied bIIt not fOl6ld true or stricken lniar § 1385. Ac!d up time for anhancllltlants DI181th lin. and entar Ii,," total in riflhl·n.oo collm
Y~Dr'S' ,,',
:
Yrs or'S'
Enn.nclll1llnt
Enhancornenl
Y~or'S'
Enroif1COlJlOnl
Y~ ••.'S'
Enh.ntemOnt
ib/"
,
..•.~- :
"~
3. EMWaMENTS
charged and fcrurod \rile fill PRIOO CONVICT1!WSIII PRill! PRiS~ TERMS (1IlIin1y § 661·sari8$' and OTHER. . Lis1 I &nhanaImInts based on priM convictions or prior ~son t.nns cn.rgerlaoo round tIUI. /I 2 or more undo< the sane repeo eadl &1hanteme, (E.g~ If 2 non·yrDlenl Plior pnslIl1 18rms t!J1der § 687.5tb) ist § 667.5(b) 2 limn). Emer tin imposod for each or'S' lor stJyed Dr striclaln. 00 I«JT UST enha0c2lll1nlS ~ but not foo.nd true 0 stridcan IIIIier § 1385. Add tim. In me.. IIIlhantemants and anter lotal in right·har..d column. Also 81\1IIr lIllY other onhanl:ement not provided for in spica 2.
"'11
EnhlncEment
Yrs Of 'S'
EnhenclllT1lll1t
Yrsor'S'
EnhlntH11lnt
Yrsor'S'
Enhancemenl
Yrl Of
'S'
4. IM:OMf'lfTED SENTENCE(S) CctlSECUT1VE:
Yrs or 'S'
tnhancsmilrit
Yrl-or'S'
Enhan:!ment - .EJih.lt!inam
--
¥Is or'S'
Enhancement
Yrs or'S'
btal
Yrsor '5"
Enhancam.nt
Yrs or'S'
TotII
5. QTI{ER IlIttRS
Pay RRstitution Fine pursuant Addition.l Parole Restitution SRe attachment page
!:REIJT FOR TIME SERVED
CASE NUMBER
COtMY
EnhooCllTlllnt
u•• Idditionll
II"M!J
to 1202.4( Fine impo5
of plain paper if llEICB •••• fy.
6. TOTAl TIME IMPOSED ON ALL ATTACHMENT PASES IF(J!M DSl 2OO·A): 7. TIME STAYED TO COMPLY WITH 5·VEAR III 10·YEAR LIMIT ON SUBORIlNATE TERMS, DOOBtE·BM,ED·TERM LIMIT. ETC. (Do not irdJla
§ 654 stays or discretmary
stays of IBrm for enhill1csmsnts.)
,4
8. TOTAl TERM IMPOSEO: 9. EXEClJTl()j OF SENTEfa A.
[j AT IHfTlAl SENTENCIN1l HEARNl
10. DATE Of SENTEIa (to'D) (DAy) (VR)
PAONOIJIIC£D
09 ~7 02
·11. MFFMWII.JS...lIEMANWl
r*t RJlTHWlTH
..-........
IMPOSED: B.
0
c.
AT RESENTENCING PU1ISUANT TO OEClO ON APPEAl CREDIT FOR
0
TOTAL DAYS
~~~
3&1
AT RESENTEP.ONG PlllSUANT TO Rl:CAU Of COMMTME NT (PC §1170Id)
AfTER REWCATIIW (J' I'IlOBAroN
t«:LUIlMl:
ACTUAl lOCAl TIM!: 3~1
lOCAl CfHlU~ CREcrn>
E.
lh
r.AII~ INjrrm ITIfW ~t1R
~
"'61
u:
UCNI'AI
OTHER
_
STATE INSTITUTKlNS
50
rwlH
TO 1lt: CUSTlIl'r OF THE SHERI'FJ TO ~ mLIVE,REO: MO THE CUrnlOY Of
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('I.IIC
l&it'TtTUTII')6,
coc
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AFTER 48 HOURS. EXClll!lNG SATURDAY:;. SUNDAYS AND HOlIDAYS
THE DIRECTOR OF COfIRECTKlNS AT T!!f RE~pnDN-GU)!)AH~ CEHTER.LOCAltD Al:
WOMEN • FRONTERA
.. 8 OTHER (SPECFY)
•.•...•fAClllT y . VACAVllIf
o SAN nUENnN
'-'
FOR MfN . CHINO _
Cl I hereby certify the foregoing to be a correct abstract of the jud
09/30/021 be used 001 must be refelled to in [his dOClJmsnt form MJ,IIII by tlw
Pon.c. 12
.uti
DISTRIBUTION:
Plr-IK COPY-C01.JlT FILE
YELlOW CO'Y·OEPARTMENT Of CORRECTIONS
WHITE COPY·ADMINISTRATIVE OfFICE OF THE COURT
(!l~a:mbU5 of
~li.o5
w- ~£rmtnO£~
Jjuoge of tIle ~uperior
4100 2llffain ffi\treet J1{ioersioe,
II
(909) 955-1603
(!loud
Jlfax (9D9) 955-4D56
~up£rinr
([nurt n£ ([aH£nrnia
([.oun±tr rrf ~i&£r5io£
February 5, 2003
Ms. Rosemary Lyn... n Ybarra W96113 1.134Low N.C.W.F. P.O. Box 213022 Stockton, CA 95213 Re: People vs. Rosemary LYIll1Ybarra, Case
o. RlF099956
Dear Ms. Ybarra: The Court received your undated letter on January 17, 200". You had '0 1) 85 percent or 80 percent credits, and 2) credit for time spent in cus ody (C'I ). You pled guilty to one count of carjacking (215 P.e.) and two oun degree burglary (459 P.e.), all felonies. You were sentenced to ix years. fo state prison. Pursuant to 2933.1 P.C., your maximum possible credi ar 1 Your CTS as of the date of sentencing was 331 + 50 for a figure is correct.
0
a1 of
0
1 U
ond months in rent.
1 da
'So
That
Hffi:lh Enelosme cc: Stephen P. Foley, Deputy District Jeffrey A. Van Wagenen, Attome
1
rtorney for Defe TIe:~t
·t1
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~
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.
. •
.
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