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Sidewinder

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  1. *Nicole Kerrigan rises from her seat, speaking out to the courtroom after Sexton finishes.*

     

    "Your Honor, we have gone through several witnesses and pieces of evidence.  Mister Sexton's only argument thus far is countering the use of MDC, which only he has the password to his own account, unless he gave it out, which still constitutes a crime for giving out restricted information only available to law enforcement, the judiciary, and state prosecutors. It's a major breach of security and against his oath as a correctional officer in the State of San Andreas. The MDC logs presented here are clear cut and irrefutable, these are from his MDC account and fall in line with the dates of the harassment and alleged threats against several of the witnesses that spoke here today. His phone logs and the presented text messages counter his argument that he didn't use MDC to contact these individuals. 

     

    Mister Sexton also obstructed Ms. Siwan Morgan from attempting to save a life at the request of law enforcement other law enforcement agencies, which led to the death of an individual due to to his interference and obstruction. Mister Sexton was not the incident commander at the time, so his choice on the matter was beyond the scope his authority. Mister Sexton failed to refute how he failed to introduce firearm into evidence that was confiscated during his duties as a correctional officer, thus the firearm being lost. Potentially harming another criminal prosecution in the process by failing to return the previously mentioned firearm.

     

    Correctional officers are entrusted to manage and oversee our state's correctional facilities and their incarcerated inmates, what Mister Sexton has been alleged of doing throughout this entire trial has tarnished the reputation of state correctional officers that dedicate their careers and at times put their own personal health at risk to ensure that incarcerated persons serve their time and don't escape from correctional facilities. What has transpired during this trial has shown us that Mister Sexton has no regard for the oath he has taken or the trust the State of San Andreas has given him. The People of San Andreas should be able to trust their public servants, regardless of their title. That's all, Your Honor.

     

    **She'd finally take a seat once she's done.**

     

    ((  @cosmical ))

  2. *Nicole Kerrigan finally arrives, saying her piece.*

     

    Your Honor, the case laid out before us here is rather clear cut. Marshall Sexton took an oath to be as a correctional officer for the State of San Andreas and he has violated that oath by abusing the access he was entrusted with as a correctional officer. As for speedy trial claims, I've been ready since the February 22nd as the transcripts can prove, I've had nothing else to add until opening statements. Mister Sexton here is just grasping at straws to get a case dropped, due to my tardiness today due to personal reasons. The case laid out here isn't something minor and Mister Sexton should be held accountable for every violation of the law he has committed, be it a felony or a misdemeanor. As for claims of 'fairness' in this trial, where was the fairness Mister Sexton showed to the people of San Andreas who's trust he has abused via as stated in the corruption charge? During this trail we'll prove Mister Sexton guilty of all charges laid out in the criminal complaint and seek justice for those he has wronged.

     

    (( @cosmical @Bycarbon Apologies for my late post today, but I've been ready since the 22nd in case anyone wants to make a fuss about this. ))

  3. SUPERIOR COURT OF THE STATE OF SAN ANDREAS

    COUNTY OF LOS SANTOS

    CRIMINAL DIVISION

                 
    150x150court.png

    THE PEOPLE OF

    THE STATE OF SAN ANDREAS

    (Plaintiff)
     

    - against -     

                                
    Marshall Sexton

    (Defendant)

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    Court File: 24GJCR00060

     

    ARRAIGNMENT

     

    Action Filed: January 22st, 2024

     


    I. CRIMINAL COMPLAINT

     

    By decree of the State of San Andreas Penal Code and enforcement authority of the San Andreas State Constitution, the Defendant, Marshall Sexton, has been officially arraigned by the State of San Andreas by officials of the Los Santos County District Attorney's Office for violations for the following charge(s):

     

    COUNT 1

     

    • FC 103. Corruption of Public Office — On the 22nd of December, 2023, in the county of Los Santos, the Defendant exploited his access to the LS County Mobile Digital Computer. He obtained the work number of Lindsey Knight and subsequently misused it, requesting a personal ride to Richman, thus abusing his official access for personal use while off duty. Moreover, Mr. Sexton exploited his MDC access to look up several more individuals unrelated to his duties as a correctional officer, that included, but not limited to, Siwan Morgan, Anya Lipovsky (seven occasions), and other females employed at the facility. Administrative reports from SADCR reveals a pattern of Mr. Sexton regularly checking MDC profiles of Fennec Brightwall, Lindsey Knight, and Anya Lipovsky.

     

    COUNT 2

     

    • FC 104. Neglect of Public Duty — On (or about) the 2nd of January, 2024, in the county of Los Santos, the Defendant exhibited a negligence of public duty, having obstructed Counsellor Siwan Morgan from preventing a individual from jumping off a roof, resulting in injuries to said individual. Sexton also failed to turn in a confiscated firearm that was allegedly admitted and disposed per People's Exhibit 8, 

    COUNT 3

     

    • FC 707. Discharging A Firearm in Public—  On 4th of January, 2024 in the county of Los Santos, the Defendant did discharge his firearm in public, specifically in a parking lot. Furthermore, Sexton allegedly disposed of the firearm with intent to avoid a felony charge.

     

    COUNT 4

     

    • MA 214. Criminal Threats —  On the 22nd of December, 2023 in the county of Los Santos, the Defendant did engage in criminal threats towards Anya Lipovsky. The Defendant threatened to kill her, wielding a firearm on multiple occasions. Sexton not only threatened to take her life, but his own as well.

     

    COUNT 5

     

    • FC 108. Tampering with Evidence — On the 31st of December, 2023, in the county of Los Santos, the Defendant engaged in stealing and tampering with evidence, including a confiscated firearm. The evidence included a weapon that the Defendant claimed to have 'forgotten to turn in,' subsequently discarding it into the docks. Sexton, as revealed in his text messages, disposed of a firearm registered to him with the intent to evade a felony charge, having discharged it in a parking lot.

     

    COUNT 6

     

    • MC 505. Stalking — On (or about) 31st of December, 2024, in the county of Los Santos, the Defendant did stalk and harass Correctional Sergeant Lindsey Knight, using his access to the Mobile Digital Computer to obtain her work cellphone number, and call her at 5 am while seemingly intoxicated, solely to request a ride to Richman. The unauthorized call disturbed Sergeant Knight and woke up both her partner and daughter. The defendant, improperly, and through the MDC, accessed her work phone number to call her during the night for personal concerns. He also did stalk the texts of Anya Lipovsky, forcing her to buy a different cellphone. The defendant did also use his access to the MDC to gain information on the new number of Anya Lipovsky, he also attempted to coerce her into smoking marijuana with him. Mr. Sexton stalked into a civilian and a peace officer's personal information (phone numbers) using departmental resources (SADCR Intranet, Mobile Digital Computer)

     

     


    II. EVIDENCE

     

    In support of the provided narrative, the following evidence shall be submitted into the court record:

     

    PEOPLE'S EXHIBIT 1

    Spoiler
    Marshall_Sexton.png?1705875595

    View Record - #233077

    Created by: Esther Cohen
    Confidential Level: Generic

    Type: Arrest Report
    Status: Closed

    Date:
    20/JAN/2024 18:25
    Remark:
    Arrest Report for #233073 #233074 #233075 #233076
    Report:

    Special Agent-in-Charge Esther Cohen (#89435), under the callsign SAM-IDA-ADAM-LINCOLN on the 18/JAN/2024, 17:53 conducted an arrest on Marshall Sexton. The apprehension took place on Route 68, Bolingbroke Penitentiary.

    Arrest Narrative:
    The Office of Internal Affairs, San Andreas State Prison - Los Santos County was informed by two electronic mail submissions, which refer to violations of departmental regulations and violations of the San Andreas Penal Code, by Correctional Officer Marshall Sexton. One of the submissions was made by Siwan Morgan, who is a civilian psychologist employed by the San Andreas Department of Corrections & Rehabilitation. The other submission, on the same day, was made by Correctional Sergeant Lindsey Knight. Both submissions were sent to Correctional Captain Randy Townsend. Captain Townsend later filled out an Internal Affairs Investigation Request (Formally SADCR Form 989).

    The first submission, the complaint of Ms. Morgan accuses Mr. Sexton of violation of departmental policies (unethical relationship, risking civilian employee's life by going into a scene that is potentially dangerous for civilians) and Penal Code § 214 (Criminal Threats - Misdemeanor) and Penal Code § 505 (Stalking - Misdemeanor). Allegedly, according to both submissions, Mr. Sexton stalked into a civilian and a peace officer's personal information (phone numbers) using departmental resources (SADCR Intranet, Mobile Digital Computer)

    According to administrative reports of SADCR resources, Mr. Sexton has been regularly checking the MDC profiles of Fennec Brightwall, Lindsey Knight, and Anya Lipovsky. All of these persons are subject of the investigation and all of them state that they are ready to testify, and they accuse Mr. Sexton of criminal charges.

    OIA started an investigation on Marshall Sexton based on multiple complaints received then forwarded their findings to Justice System Integrity Division of District Attorney's Office.

    Marshall Sexton was apprehended & arrested inline with AW-03740 on January 18, 2024 at approximately 1753 hours by SADCR OIA & DAO JSID.

     

    PEOPLE'S EXHIBIT 2

    Spoiler
    Superior Court of San Andreas

    Arrest Warrant

    Judiciary Of San Andreas

    AW-03740

    17/Jan/2024 21:22

    Executed

    Suspect Details

    Marshall_Sexton.png?1705876742

    Name: Marshall Sexton
    Alias(es):
    Ethnicity: Caucasian
    Gender: Male


    Charges

     

    • FC 103. Corruption of Public Office
    • FC 104. Neglect of Public Duty
    • FC 108. Tampering with Evidence
    • FC 707. Discharging A Firearm in Public
    • MA 214. Criminal Threats

     


    Situational Details & Narrative

    Date: 17/Jan/2024
    Time: 20:52
    Location: Multiple Locations

    Narrative:

    I, the undersigned Senior Investigator Zain Thabet of the Los Santos County District Attorney's Office Justice System Integrity Division affirm that the information presented in this affidavit is accurate and true to the best of my knowledge and belief, and has been obtained through the conduct of lawful investigations and from reliable sources, and under penalty of perjury, I do depose:

     

    • I am a duly appointed and acting Investigator for the County of Los Santos, San Andreas, and am authorized to make this Affidavit in support of an Arrest Warrant.
    • Based upon my investigation, the investigation conducted by Associate Warden Daniela Muñoz and  Senior Special Agent Stanley Perkins from the Internal Affairs Division of the San Andreas Department of Corrections and Rehabilitation, as well as information provided to me by the aforementioned parties, I have reason to believe that in the County of Los Santos, San Andreas, Mr. Marshall Sexton did commit the said charges.

     

    Following an Internal Affairs Investigation Request (SADCR Form 989), the Department of Corrections and Rehabilitation's Office of Internal Affairs has therein decided to launch an administrative and criminal investigation (SADCR Investigation Assignment #1004) for allegations against Correctional Officer Marshall Sexton, who works at the San Andreas State Prison, Los Santos County.

     

    Later on, the case was handed to the District Attorney's Office Justice System Integrity Division, being the lead on the case file (JSID Casefile 240IS001).

     

    Correctional Captain Randy Towsend, the captain of Facility A at the San Andreas State Prison in Los Santos County, sent two emails to the Office of Internal Affairs at SADCR on January 4, 2024. The two emails were sent within the same hour. Siwan Morgan, a civilian psychologist at San Andreas State Prison in Los Santos County, wrote the initial email submission. Siwan Morgan's statement concerns her relationship with Marshall Sexton, a Correctional Officer assigned to the San Andreas State Prison in Los Santos County, as well as her duties as an Acting Field Training Sergeant. Marshall Sexton is on administrative leave as of January 6, 2024, per the SADCR executive team's decision.

     

    Marshall Sexton is accused of several offenses, felonies, and violations of departmental standards in Siwan Morgan's statement. Marshall Sexton has allegedly committed the following misdemeanors: criminal threats, stalking, and harassment. Siwan Morgan's full statement is included in the evidence file.

     

    Siwan Morgan, Fennec Brightwall, and Anya Lipovsky—the aforementioned civilians—stated in the declaration that they fear for their lives due to Marshall Sexton's ongoing threats and harassment. They further accuse Marshall Sexton of tampering with evidence and discharging a firearm in public, according to their allegations made during formal interviews conducted by the Office of Internal Affairs. It was ultimately determined that these statements were accurate. The evidence attachment contains the supporting documentation for the aforementioned charges.

     

    The second email submission, from Correctional Sergeant Lindsey Knight, claims that Marshall Sexton has abused the legal system to carry out possible crimes. Marshall Sexton called Lindsey Knight at five in the morning, claiming to have "got her number from the intranet (SADCR Intranet) as it's the only one he could find," according to the statement included in the evidence file. 

     

    According to SADCR, Sexton continuously checked everyone, including civilian victims and other peace officers, while utilizing the law enforcement system, MDC. It supports the claims made by civilians in the SADCR interview that Marshall Sexton regularly looks out their home addresses and phone numbers to harass and threaten them with legal action.

     

     

    To safeguard the lives of civilians, the SADCR's Office of Internal Affairs decided to initiate a criminal inquiry in response to statements made by civilians and certified peace officers. Because of Sexton's act of corruption, the District Attorney's Office of Justice System Integrity received the case from the Executive Staff and the Office of Internal Affairs.

     

    The Justice System Integrity Division conducted an extensive investigation on the matter and collected a written statement from Townsend and Knight related to this matter. After finishing and organizing the case file, an ESW has been submitted; however, devices are needed in person and thereof. We believe that based on the investigation done by SADCR's IA and DA's Office JSID there is a probable cause and evidence beyond evidence beyond a reasonable doubt to apprehend Marshall Sexton for the said charges.

     

    PEOPLE'S EXHIBIT 3

    Spoiler

    Siwan Morgan's Statement

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    image.png

     

    PEOPLE'S EXHIBIT 4

    Spoiler

    Lindsey Knight's Statement

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    PEOPLE'S EXHIBIT 5

    Spoiler

    Randy Townsend's Statement

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    PEOPLE'S EXHIBIT 6

    Spoiler

    Lindsey Knight's Statement to JSID

    15P9fel.png

     

     

    PEOPLE'S EXHIBIT 7

    Spoiler

    MDC History of Marshall Sexton

    9ZObVzO.png

     

    yDlFN88.png

     

    JJgu4Nc.png

     

    K9KyKWu.png

     

     

    PEOPLE'S EXHIBIT 8

    Spoiler

    Short messages sent from Marshall Sexton's phone

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    PEOPLE'S EXHIBIT 9

    Spoiler

    Documented proof of Sexton owning the phone connected to #3556618. Noted as his personal cellphone.

     

    OW3tFbb.png

     

     


    III. SENTENCING RECOMMENDATION

     

    The Los Santos County District Attorney's Office also files in support of this arraignment to the Superior Court, the professional opinion of the office and shall be recommending the granting of the following sentences:

     

    • 29 Days imprisonment.

     


    IV. BAIL APPLICATION

     

    This matter coming before this court for setting of bail with the defendant present and being advised of their rights herein, the People of the State of San Andreas move this Honorable Court to enter an order to grant bail and in support thereof state as follows:

     

    That Defendant shall deposit, with the clerk of the court, $2,000,000 as bail security indicated on his bail bond with the following conditions:

     

    1. Appearing at all court dates.
    2. Surrendering all firearms, ammunition and permits.
    3. Submitting to psychological evaluations, medical care, or treatment.
    4. Have no contact or communication, direct or indirect with the witnesses of the victim.
    5. Refraining from alcohol or drug use and possession
    6. Undergoing alcohol or drug testing.
    7. Submit to electronic monitoring.

     


              Declaration        

    In conclusion of this complaint, I, Assistant District Attorney Nicole Kerrigan, affirm that the above-stated facts are true and accurate to the best of my knowledge and belief. This shall be the official arraignment for the Superior Court to commence proceedings.

     

    on JANUARY 22, 2024

     

    (( @Flemwad ))

    • Upvote 2
  4. "On the evening of November 28th, 2022...Connor Doyle was pulled over by LSSD Detectives on Great Ocean Highway. Doyle was at that time a person of interest Morse Code Killer investigation, due to their belief he was responsible for radio broadcasts related to several homicides done by MCK. Moments later once law enforcement attempted to make contact with Connor Doyle, Mister Doyle began to threaten to detonate an explosive device. After several orders from law enforcement to give up, Connor Doyle proceeded to actively flee from law enforcement, disobeying several orders to stop his vehicle. During this pursuit, Connor Doyle implied several times that he was the transmitter for the Morse Code Killer while actively threatening to detonate an explosive device. The pursuit of Mister Doyle and his vehicle ceased outside of Bahama Mamas in Del Perro, having been cornered by a tactical team and two armored vehicles, along with several patrol vehicles. According to police reports, the Bahama Mams Nightclub was had hundred to hundreds of guests at the time while he was threatening to detonate an explosive device outside of the nightclub. Connor Doyle was eventually brought into police custody, and taken to the Sheriff's Davis Station along with his vehicle for forensics where no explosives were found on his person. After the vehicle was searched, no explosives were found either.

     

    Mister Doyle threatened the public and government agencies with the false claim of having an explosive device in an attempt to get himself out of a traffic stop and potential arrest due to his connections to the Morse Code Killer, which he so vividly claimed during his police interaction that led to his arrest that evening. Mister Doyle is a threat to our society, and should be held accountable for this act of domestic terrorism on the streets of Los Santos that night."

     

    (( @chickenrappa @subway244 ))

  5. SUPERIOR COURT OF THE STATE OF SAN ANDREAS

    COUNTY OF LOS SANTOS

    CRIMINAL DIVISION

                 
    150x150court.png

    THE PEOPLE OF

    THE STATE OF SAN ANDREAS

    (Plaintiff)
     

    - against -                                  
    Hector Ontiveros

    (Defendant)

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    Court File: 23GJCR00555

     

    ARRAIGNMENT

     

    Action Filed: November 12, 2023

     


    I. CRIMINAL COMPLAINT

     

    By decree of the State of San Andreas Penal Code and enforcement authority of the San Andreas State Constitution, the Defendant, Hector Ontiveros, has been officially arraigned by the State of San Andreas by officials of the Los Santos County District Attorney's Office for violations for the following charge(s):

     

    COUNT 1

     

    • FC 712. Unlawful Possession of Ammunition — On November 7th 2023, in the county of Los Santos, the Defendant did tossed a Beretta style handgun along with matching ammunition during a vehicle pursuit on the Raton Canyon Bridge in the Northern Los Santos County area. Ontiveros the known passenger at the time, backed by eyewitness accounts of of several detectives and provided dashcam evidence from the involved law enforcement vehicles during the vehicle pursuit of a black Übermacht Oracle sedan, Index DZM400 that was initially stopped by LSSD Detective Marco Carballar (Badge #127008) at Innocence Boulevard in the City of Los Santos by the Strawberry 24/7 in the Strawberry area for excessive speeding and failure to yield to a traffic control device at Adam's Apple Boulevard in the City of Los Santos in the Downtown area as it came out of the Department of Motor Vehicles (DMV).

     

    COUNT 2

     

    • FC 711. Possession of a Firearm by Convicted Felon — On November 7th 2023, in the county of Los Santos, the Defendant did tossed a Beretta style handgun along with matching ammunition during a vehicle pursuit on the Raton Canyon Bridge in the Northern Los Santos County area. Ontiveros the known passenger at the time, backed by eyewitness accounts of of several detectives and provided dashcam evidence from the involved law enforcement vehicles during the vehicle pursuit of a black Übermacht Oracle sedan, Index DZM400 that was initially stopped by LSSD Detective Marco Carballar (Badge #127008) at Innocence Boulevard in the City of Los Santos by the Strawberry 24/7 in the Strawberry area for excessive speeding and failure to yield to a traffic control device at Adam's Apple Boulevard in the City of Los Santos in the Downtown area as it came out of the Department of Motor Vehicles (DMV).

     

    COUNT 3

     

    • FC 115. Evading a Peace Officer (Accomplice) — On November 7th 2023, in the county of Los Santos, the Defendant as a passenger of a black Übermacht Oracle sedan, Index DZM400, was initially stopped by LSSD Detective Marco Carballar (Badge #127008) at Innocence Boulevard in the City of Los Santos by the Strawberry 24/7 in the Strawberry area for excessive speeding and failure to yield to a traffic control device at Adam's Apple Boulevard in the City of Los Santos in the Downtown area as it came out of the Department of Motor Vehicles (DMV). The vehicle fled after LSSD Detective Marco Carballar (Badge #127008) attempted to make contact, having witnessed both Gary Urena (driver) and Hector Ontiveros (passeneger) in the vehicle before it fled from law enforcement in a lengthy pursuit throughout the City of Los Santos and Los Santos County.
    • The vehicle was identified by both a vehicle-mounted automatic plate reader (ALPR) and San Andreas Department of Motor Vehicle (DMV) records from the Los Santos County Mobile Data Computer that the black Übermacht Oracle, index DZM400, is owned by Hector Ontiveros. Hector Ontiveros provided Gary Urena, the driver of the evading black Übermacht Oracle with the means to evade law enforcement throughout the City of Los Santos and Los Santos County. Hector Ontiveros was also an active participant by resisting arrest and having been armed with a Beretta style handgun, which was tossed at the Raton Canyon bridge in Northern Los Santos County area during the vehicle pursuit.

     

    COUNT 4

     

    • MC 116. Resisting Arrest — On November 7th 2023, in the county of Los Santos, the Defendant as a passenger of a black Übermacht Oracle sedan, Index DZM400, was initially stopped by LSSD Detective Marco Carballar (Badge #127008) at Innocence Boulevard in the City of Los Santos by the Strawberry 24/7 in the Strawberry area for excessive speeding and failure to yield to a traffic control device at Adam's Apple Boulevard in the City of Los Santos in the Downtown area as it came out of the Department of Motor Vehicles (DMV). The vehicle fled after LSSD Detective Marco Carballar (Badge #127008) attempted to make contact, having witnessed both Gary Urena (driver) and Hector Ontiveros (passenger) in the vehicle before it fled from law enforcement in a lengthy pursuit throughout the City of Los Santos and Los Santos County.
    • During the pursuit, Hector Ontivero, hastily exited the black Übermacht Oracle sedan, Index DZM400, from the passenger seat in the Jamestown Housing Projects in the Rancho area. Hector Ontiveros fled on foot throughout the Jamestown Housing Projects for several minutes before returning to his black Übermacht Oracle sedan nearby, entering the vehicle once more. The vehicle fled toward the Los Santos International Airport area where law enforcement temporarily lost vehicle of the vehicle before reestablishing visual contact in a parking structure in the Los Santos International Airport. The vehicle pursuit continued at this time, until it came to an end outside Sandy Shores where the vehicle was neutralized by a police spike strip and traffic collision. Both Gary Urena (driver) and Hector Ontiveros (passenger) were taken into law enforcement custody to be formally charged.

     

     


    II. EVIDENCE

     

    In support of the provided narrative, the following evidence shall be submitted into the court record:

     

    PEOPLE'S EXHIBIT 1

    Spoiler

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    PEOPLE'S EXHIBIT 2

    Spoiler

    The Beretta Style Pistol tossed by Ontiveros by Raton Canyon during the vehicle pursuit, further evidence on provided dashcam. The firearm is located in evidence locker EL/10/1015/2023.

    SbJbevH.jpg

     

    PEOPLE'S EXHIBIT 3

    Spoiler

    ALPR Plate information obtained during the traffic stop before the pursuit:

     

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    PEOPLE'S EXHIBIT 4

    Spoiler

    Dashcam Footage:

    GEOvrnH.png

     


    III. SENTENCING RECOMMENDATION

     

    The Los Santos County District Attorney's Office also files in support of this arraignment to the Superior Court, the professional opinion of the office and shall be recommending the granting of the following sentences:

     

    • Life imprisonment.  

    IV. BAIL APPLICATION

     

    This matter coming before this court for setting of bail with the defendant present and being advised of their rights herein, the People of the State of San Andreas move this Honorable Court to enter an order to deny bail and in support thereof state as follows:

     

    That Defendant shall remain in law enforcement custody, due to having 44 criminal points after being formally charged by arresting officers for this incident. The Defendant is also a known flight risk due to his criminal history and a validated gang member of the Travieso Gangsters 13.

     

     


              Declaration        

    In conclusion of this complaint, I, Deputy District Attorney Nicole Kerrigan, affirm that the above-stated facts are true and accurate to the best of my knowledge and belief. This shall be the official arraignment for the Superior Court to commence proceedings.

     

    on December 12, 2023

     

     

    (( @Demoniio ))

  6. SUPERIOR COURT OF THE STATE OF SAN ANDREAS

    COUNTY OF LOS SANTOS

    CRIMINAL DIVISION

                 
    150x150court.png

    THE PEOPLE OF

    THE STATE OF SAN ANDREAS

    (Plaintiff)
     

    - against -         

                            
    Branch Goodwater

    (Defendant)

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    Court File: 23GJCR00475

     

    MOTION TO DISMISS

    WITHOUT PREJUDICE

     

    Action Filed: October 9th, 2023

     


    I. CHARGES

     

    COUNT

     

    1

     

     

    OFFENSE

     

    FC 422. Reckless Operation Of An Aircraft

     

     

    MAXIMUM PENALTY DESCRIPTION

     

    6 days imprisonment, $50,000 fine

     

     

     


    II. MOTION

     

    The People, by and through Nicole Kerrigan, Deputy District Attorney for the County of Los Santos, hereby move this Court to dismiss the charges against the Defendant without prejudice, for the following reasons:

     

     

    • Lack of Corpus
    • Witness Unavailable to Testify

     


    I, Deputy District Attorney Nicole Kerrigan, affirm that the above stated facts are true and accurate to the best of my knowledge and belief, and that this dismissal is in the best interests of justice, the People, and Defendant, and the public.

     

    on October 9th, 2023

    • Upvote 4
  7. *Nicole Kerrigan rises from her seat, addressing the courtroom*

     

    "Good afternoon, ladies and gentlemen, I'm Nicole Kerrigan representing the State of San Andreas in this matter. Today, we'll be bringing up four violations of state law committed by the defendant on late hours of September 13th, 2023. The case is clear and to the point, it started with Erick Rodriguez speeding at a high rate of speed, exceeding 120 miles per hour when Sergeant James Nickleson encountered the Defendant's black Buffalo at the intersection of San Andreas Avenue and Alta Street at approximately 2148 hours while failing to yield to a traffic control device. This is where the first violation of state law was established for MC 408 - Reckless Driving. While trying to catch up, Sergeant Nickleson briefly lost sight of the vehicle until he caught a glimpse of it on San Andreas Avenue and Sinner Street, hiding in an alleyway in the southeastern corner of the intersection. Upon Sergeant Nickleson turning around to re-engage and pull over the vehicle, the Buffalo pulled out of the alleyway onto Sinner Street, heading southbound where it finally stopped on San Andreas and Atlee Street next to the Mission Row Community Police Station.

     

    During initial contact with the driver, the driver only provided his identification, identifying the driver as Erick Rodriguez. After sometime after the Sergeant got an additional officer to assist him, the Sergeant approached Mister Rodriguez, and requested him to step out of the vehicle in which was compliant. Once Mister Rodriguez realized he was being placed into police custody and handcuffed, the Defendant became resistant. During this active resistance from the Defendant, he struck both Sergeant Nickleson and the additional officer, Officer Victor Spencer, almost incapacitating Sergeant Nickleson in the process. This established FB 120 - Assault & Battery on a Government Worker times two, followed by FC 711 - Possession of a Firearm by Convicted Felon, due to a loaded Glock 34 pistol being found underneath the driver's seat during the vehicle search.

     

    The Defendant, Erick Rodriguez, has a lengthy history as a felon in the State of San Andreas, ranging from grand theft auto and theft, all the way up to capital murder and attempted second degree murder. The Defendant is also confirmed gang member of Florencia 13 according to law enforcement, and a dangerous individual to be allowed back on the streets of Los Santos. I urge that the life imprisonment recommendation is taken seriously, due to the lengthy criminal history that has led to the Defendant having over 54 points at this current time. Prison and jail time has done nothing to stop this individual from being a repeat offender. That'd be all, your Honor."

     

    (( @Jacoby Henderson @JohnGili ))

     

  8. SUPERIOR COURT OF THE STATE OF SAN ANDREAS

    COUNTY OF LOS SANTOS

    CRIMINAL DIVISION

                 
    150x150court.png

    THE PEOPLE OF

    THE STATE OF SAN ANDREAS

    (Plaintiff)
     

    - against -                                  

    Joseph Terry

    (Defendant)

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    Court File: 23GJCR00461

     

    ARRAIGNMENT

     

    Action Filed: September 30th, 2023

     


    I. CRIMINAL COMPLAINT

     

    By decree of the State of San Andreas Penal Code and enforcement authority of the San Andreas State Constitution, the defendant Joseph Terry has been officially arraigned by the State of San Andreas by officials of the Los Santos County District Attorney's Office for violations for the following charge(s):

     

    COUNT 1

     

    • FA 201. Capital Murder — On September 28th, 2023, in the county of Los Santos, the Defendant, Joseph Terry, committed a capital homicide against an on-duty Los Santos County Sheriff's Department Detective assigned to the Major Crimes Bureau who responded a property alarm at his home at 1206 Senora Freeway at around 1341 hours. Approximately ten minutes later, Detective John Doe requested a supervisor to his home, in which Sergeant Araceli Escarra of the Davis Station responded to where she found to mediate a situation in which several Gruppe 6 (To be labeled as G6 for the rest of this arraignment) security guards were trespassing on Detective John Doe's property. Approximately five minutes later, Sergeant Araceli Escarra called out a 999 for a shots fired and deputy down at 1206 Senora Freeway stating at that a G6 guard had fired upon Detective Doe. Several LSSD radio cars responded the scene and took the following persons into custody; Joseph Terry, Bradley Walker, Clifford Hunter, Marcus Lowe, Damian Alonso, and Clayton Kallhoff. 
    • During the investigation by Detective Damian Navarro & Detective John Porter recovered Joseph Terry's Sig pistol and obtained a statement from him that he shot Detective John Doe, due to law enforcement 'letting Detective Doe get away with the murder of his wife, Eve Pernet.'  which occurred prior to these events. Joseph Terry was also caught on LSSD dashcam from Sergeant Escarra's vehicle shooting Detective Doe in the head with the recovered Sig pistol, then shouted ''He gets to kill my wife and gets away with it? Fuck you!", which further solidifies his motive for the homicide. Additional footage from G6 vehicles further supports what was stated in this arraignment. There is also statements to further affirm his reasoning for the capital murder of an on-duty LEO from G6 and Sergeant Escarra.

     

    COUNT 2

    • MC 310. Trespassing — On September 28th, 2023, in the county of Los Santos, the Defendant, Joseph Terry, trespassed on Detective John Doe's property at 1206 Senora Freeway after several warnings to vacate the property. The Defendant refused to leave along with fellow G6 guards; Joseph Terry, Bradley Walker, Clifford Hunter, Marcus Lowe, Damian Alonso, and Clayton Kallhoff. Upon LSSD's arrival, Sergeant Araceli Escarra requested they leave as well to further affirm Detective John Doe's trespass warning. The trespass warning was ignored by the defendant and his fellow G6 guards. Moments later, Joseph Terry was witnessed shooting Detective John Doe. Dash cam footage from both LSSD and G6 vehicles support this.

     

    COUNT 3

     

    • FB109. Intimidating a Witness or Victim (Attempt)  On September 28th, 2023, in the county of Los Santos, the Defendants, knowing that they were not welcome into the dwelling, as a proof of knowledge and malice, attempted to dissuade the victim of a trespassing offense, the one that occurred on September 27th, which could turn in further criminal action. 

     

     

    COUNT 4

     

    • FC707. Discharging A Firearm in Public — On September 28th, 2023 in the county of Los Santos, the Defendant, Joseph Terry, committed a capital homicide against an on-duty Los Santos County Sheriff's Department Detective assigned to the Major Crimes Bureau who responded a property alarm at his home at 1206 Senora Freeway at around 1341 hours. During the commission of this capital homicide, the Defendant, Joseph Terry discharged a Sig pistol several times at Detective John Doe, causing physical harm that led to his death in a public setting in the Grapeseed area.

    II. EVIDENCE

     

    In support of the provided narrative, the following evidence shall be submitted into the court record:

     

    PEOPLE'S EXHIBIT 1

    Spoiler

    Crime Scene Photos - https://imgur.com/a/GL1IYdR

     

    PEOPLE'S EXHIBIT 2

    Spoiler

    Property Trespass Notice - https://imgur.com/a/HYMRUnm

     

    PEOPLE'S EXHIBIT 3

    Spoiler

    a4FylNV.png

     

     

    PEOPLE'S EXHIBIT 4

    Spoiler

     LSSD Service Vehicle DICVS Footage - https://streamable.com/nby5og

     

     

    PEOPLE'S EXHIBIT 5

    Spoiler

    G6 Security Vehicle dashcam footage - 

     

     

     

    PEOPLE'S EXHIBIT 6

    Spoiler

    LSSD Sergeant Araceli Escarra's Statement:

     

    I, Sergeant Araceli Escarra was responding to a supervisory request from Detective Doe in regards to a break in at his residence. I arrived to witness Detective Doe surrounded by a group of G6 employee on his property. I recognized this property as Doe's property due to us having received a property alarm with a notification of it. I ordered the individuals on the scene to leave around 3 times and they refused to, one of them being the suspect. The male without a firearm refused to leave the property when I asked him to and kept arguing with me, I informed him that this part of the property was a curtilage and by law is owned by the property owner.

    I was informed that G6 was also here the day prior, and Mr. Doe informed the same individuals on that scene to not get on his property and that he did not contract G6. G6 responded under the guise of 'Responding to a burglary and were there suspiciously quickly and in one group, clearly a planned thing. There were no other suspects found on the scene and to my knowledge, nothing stolen from inside the property.

    After refusing to leave the property, one of their members pulled a firearm out and shot Detective Doe right in front of me, I ran to get cover and detained the suspects and ordered the detainment of all the other individuals that were on scene due to their potential connection to the murder. I proceeded to retrieve the murder weapon and contain the area afterwards, Mr. Doe was on duty at the time and was clearly identifiable as a law enforcement officer, I identified as a law enforcement officer by having my sirens up and the suspects were aware of my authority by calling me 'Sergeant'.

     

     

    PEOPLE'S EXHIBIT 7

    Spoiler

    Joseph Terry's SIG (EL/10/5893/2023)

     

     

    PEOPLE'S EXHIBIT 8

    Spoiler

    Joseph Terry's Statement:

     

    Joseph Terry provided me with a detailed statement about the events surrounding his response to a property alarm at 1026 Senora Freeway. He mentioned that he, along with his colleagues, arrived at the scene before the property owner, Detective Doe, and any deputies. According to Terry's statement, Detective Doe arrived shortly after them, and a Deputy was quickly to follow too. Terry claimed that Detective Doe was holding a gun in his hands when he approached his property and that this made Terry feel threatened for his life. Terry admitted to firing at least two shots at Detective Doe and later on dropping his firearm. Shortly after, Terry and his colleagues were placed in cuffs by the deputy on the scene.

    Upon my arrival, I was unaware that Terry had tossed his firearm, so I inquired him about its whereabouts. Terry informed me that a female deputy had disarmed him. Later on, another Detective approached me and Terry asking Terry about his gun, given that the only female deputy on the scene had never taken Terry's firearm, Terry admitted that he was hesitant to inform me initially but eventually, he pointed out the location of his weapon to me and another Detective.

    While giving me his statement, Terry told me that Detective Doe, the property owner, had shot and killed Terry's wife, Eve Pernet, just two days prior to this incident. Terry mentioned that he knew who Detective Doe was and where he lived as someone told him about Detective Doe on the day Terry's wife got shot and killed by Detective Doe. When I asked Terry whether it would have been better to let the Deputy on the scene handle the situation, Terry responded: "No. He shot my wife and was let go right after. So his actions have no consequences. Given he would aim a gun at me. The deputy would have most likely followed."

    Terry made it clear that, during the confrontation, Detective Doe did NOT aim his gun at anyone but was merely holding it in his hands. Importantly, this incident took place on Detective Doe's property at the time of the shooting.

     

     

    PEOPLE'S EXHIBIT 9

    Spoiler

    Damian Alonso's Statement:

     

    So the alarm system on this property went off. We had our guys patrolling around when it went off so all 'em rerouted there. We were waiting on Law Enforcement when the apparent owner showed up. Told us to get off the property, but we were unsure who that was. He did not identify himself nor prove that he was the property owner. Then a lady Sergeant showed up. Told us that we were lawfully trespassing so, we were about to leave then shots came off. I saw the "house owner" on the ground as soon as I turned around, with Joseph Terry's hands in the air. That's pretty much everything sir, I was here to perform my main task which was.. well, responding to checking out house alarms. Nothing else to state. Heard 4 shots.

     

     

    PEOPLE'S EXHIBIT 10

    Spoiler

    Clayton Kallhoff's Statement:

     

    "We were responding to a property alarm. There was no sign of any disturbance at the property at both the rear and front of the property. As per procedure, we waited for LEO to turn up to investigate the interior. The first officer who arrived claimed to be the owner and that we were trespassing. Without warning, Joseph began to shoot at the officer. And now here we are."

    I proceeded to ask Clayton Kallhoff who "Joseph" was. Clayton responded with: "The black guy with the funny hair".


    III. SENTENCING RECOMMENDATION

     

    The Los Santos County District Attorney's Office also files in support of this arraignment to the Superior Court, the professional opinion of the office and shall be recommending the granting of the following sentences:

     

    • 20 Days imprisonment. 

    IV. BAIL APPLICATION

     

    This matter coming before this court for setting of bail with the defendant present and being advised of their rights herein, the People of the State of San Andreas move this Honorable Court to enter an order to grant bail and in support thereof state as follows:

     

    That Defendant shall deposit, with the clerk of the court, $7,000,000 as bail security indicated on his bail bond with the following conditions:

     

     

    1. Appearing at all court dates.
    2. Surrendering all firearms, ammunition and permits.
    3. Submitting to psychological evaluations, medical care, or treatment.
    4. Have no contact or communication, direct or indirect with the witnesses of the victim.
    5. Refraining from alcohol or drug use and possession
    6. Undergoing alcohol or drug testing.
    7. Submit to electronic monitoring.

     


              Declaration        

    In conclusion of this complaint, I Deputy District Attorney Nicole Kerrigan, affirm that the above-stated facts are true and accurate to the best of my knowledge and belief. This shall be the official arraignment for the Superior Court to commence proceedings.

     

    on September 30th, 2023

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  9. "Your Honor,  we have substantial evidence proving this is indeed Erick Rodriguez in the vehicle, due to several still images from the LSPD dashcam footage which we will add to the evidence line up if the defense wishes to continue to debate this. The image stills show a Hispanic male matching Erick Rodriguez' driving the very same Bravado Buffalo model with the exact same color, wheels, as well as matching clothing and general physical description. This would substantiate the MC 408 charge that gave Sergeant James Nickleson reason to pursue this recklessly driving vehicle, whom also chose to hide in an alleyway to conceal himself from law enforcement.

     

    As for the FB 120 charges, Mister Rodriguez struck both officers while attempting to resist arrest. This charge has been used by various law enforcement agencies in this manner for several years now as such. The defendant committed a class B felony by physically striking both Los Santos Police Officers during the arrest process as seen in Exhibit Four. Battery was committed against two Los Santos City Police Officers, the first being Sergeant James Nickleson, and the second being Police Officer Victor Spencer, while they were carrying out their law enforcement duties, thus sufficient enough for FB 120 times two. Los Santos City Police Officers are sworn law enforcement officers and are employed by of the City Of Los Santos."

     

    (( @Jacoby Henderson @JohnGili ))

  10. SUPERIOR COURT OF THE STATE OF SAN ANDREAS

    COUNTY OF LOS SANTOS

    CRIMINAL DIVISION

                 
    150x150court.png

    THE PEOPLE OF

    THE STATE OF SAN ANDREAS

    (Plaintiff)
     

    - against -                                  
    Erick Rodriguez

    (Defendant)

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    Court File: 23GJCR00434

     

    ARRAIGNMENT

     

    Action Filed: September 15th, 2023

     


    I. CHARGES

     

    By decree of the State of San Andreas Penal Code and enforcement authority of the San Andreas State Constitution, the defendant Erick Rodriguez has been officially arraigned by the State of San Andreas by officials of the Los Santos County District Attorney's Office for violations for the following charge(s):

     

     

    COUNT

     

    1

     

    2

     

    3

     

    4

     

    OFFENSE

     

    FC 711. Possession of a Firearm by Convicted Felon

     

    FB 120. Assault & Battery on a Government Worker

     

    FB 120. Assault & Battery on a Government Worker

     

    MC 408. Reckless Driving

     

    MAXIMUM PENALTY DESCRIPTION

     

    4 Days Imprisonment.

     

    6 Days Imprisonment.

     

    6 Days Imprisonment.

     

    1 Days Imprisonment, $2,500 fine

     


    II. EVIDENCE

     

    In support of the provided narrative, the following evidence shall be submitted into the court record:

     

    PEOPLE'S EXHIBIT 1

    Spoiler

    14D8SBx.png

     

    PEOPLE'S EXHIBIT 2

    Spoiler

    **Photographs a Glock 34 under a car seat, dated to September 13th on the night of the arrest.**

     

    PEOPLE'S EXHIBIT 3

    Spoiler

     Dashcam footage from Sergeant James Nickleson's patrol vehicle during the initial MC 408 violationhttps://streamable.com/ghfo94

     

    PEOPLE'S EXHIBIT 4

    Spoiler

    **Additional footage would consist of Erick Rodriguez resisting being placed into cuffs by officers, clearly striking James NIckleson and Victor Spencer with his elbow right in-front of the vehicle's dashboard camera.**

     

    PEOPLE'S EXHIBIT 5

    Spoiler

    **A Glock 34 presented in an evidence bag, labeled EL/2/17685/2023 **


    III. SENTENCING RECOMMENDATION

     

    The Los Santos County District Attorney's Office also files in support of this arraignment to the Superior Court, the professional opinion of the office and shall be recommending the granting of the following sentences:

     

    • Life Imprisonment (55 points) with possibility of parole.
    • No fine, restitution, or reparation. 

    IV. BAIL APPLICATION

     

    This matter coming before this court for setting of bail with the defendant present and being advised of their rights herein, the People of the State of San Andreas move this Honourable Court to to enter an order to commit the defendant into custody and in support thereof state as follows:

     

    That Defendant shall not be granted bail and instead be committed to custody for the following reasons:

     

    1. 54 criminal points accumulated at the time of arrest.

     


              Declaration        

    In conclusion of this complaint, I Deputy District Attorney Nicole Kerrigan, affirm that the above-stated facts are true and accurate to the best of my knowledge and belief. This shall be the official arraignment for the Superior Court to commence proceedings.

     

    on September 15th, 2023

     

    (( @Bigg ))

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