brays oaks injunction

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CAUSE NO.2012 10296STATE OF TEXASPlaintiff

FEANYICHI EZEKWES UVUKANSILAWttNCE EARL JOHNSONKEVIN JUSTIN BRIGHTDI10NMICHAEL CRAIG RHONESAMUEL DWIGHTJONESANTHONY DEWAYNE JONESTOMMIE LEE NICHOLSONTODRICK KEON IDLEBIRDKEDRIC EPHRAIAM POWEJAMAR10N WRIGHTMICHAEL MITCHELLIRVING LEON WASHINGTONJOVAN EDWARD McFARLANDEVAN RAHEEMILLIAMSSHAQUILLE LE /1STREY DAJUAN DIXONDefendants

IN THE DISTRICT COURT OFHARRIS COUNTY,TEXAS

164TH DISTRICT COURT

FINAL JUDGMENT AND PERMANENT INJUNCTION

On the 28th day of May, 2013, Plaintifl The State of Texas', by and throughHarris County Attomey Vince Ryan, Application for Permanent Injunction againstDefendants, Feanyichi Ezekwes Uvukansi, Lawrence Earl Johnson, Kevin JustinBrightmon, Michael Craig Rhone, Samuel Dwight Jones, Anthony Dewayne Jones,Tommie Lee Nicholson, Todrick Keon Idlebird, Kedric Epkaiam Powe, JamarionWright, Michael Mitchell, Irving Leon Washington, Jovan Edward McFarland, EvanRaheem Williams, Shaquille Lewis and Trey Dajuan Dixon came to be heard.

Plaintiff, The State of Texas, appeared in person and through its attomey ofrecord, and announced ready for trial.


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The court finds the Defendants were properly served with notice of the trial anddid not appear to the trial in person.

After considering the evidence, the pleadings and the arguments of counsel, thecourt is of the opinion that this order on Application for permanent Injunction is welltaken and should be in all things granted and the same is hereby GRANTED.

The Court finds:(1) that pursuant to Section 125.064 of the Texas civil practice & Remedies

Code, the Bloods, Crips, and Most Wanted Gang Defendants,Feanyichi Ezekwes Uvukansi, Lawrence Earl Johnson, Kevin JustinBrightmon, Michael Craig Rhone, Samuel Dwight Jones, AnthonyDewayne Jones, Tommie Lee Nicholson, Todrick Keon Idlebird,Kedric Ephraiam powe, Jamarion Wright, Michael Mitchell, IrvingLeon Washington, Jovan Edward McFarland, Evan Raheem Williams,Shaquille Lewis and Trey Dajuan Dixon, are members of criminalstreet gangs, specifically the Bloods, Crips, and Most Wanted Gang,that continuousry or regularly associate in gang activities within theBRAYS OAKS SAFETY ZONE;

(2) that the Bloods, Crips, and Most Wanted Gang Defendants are criminalstreet gangs comprised of three or more persons having commonidentifring sign or symbol or an identihable leadership whocontinuously or regularly associate in the commission of criminalactivities, as defined by the Texas penal Code;


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(3)

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that the Bloods, Crips, and Most Wanted Gang Defendants havecommitted five or more gang activities and criminal offenses in thepast 12 months within the BRAYS OAKS SAFETY ZONE;

that the Bloods, Crips, and Most Wanted Gang Defendants are a publicnuisance in the "Brays Oaks Safety Zone", pursuanl to Section125.062 of the Texas Civil Practice Remedies Code, and accordinglythe restrictions listed below are reasonable and necessary to preventfuture gang activity in the BRAYS OAKS SAFETY ZONE; and

that the BRAYS OAKS SAFETY ZONE, which is a 0.734-square-milearea, described by the following boundaries:

Starting at the northeast comer of the "Brays OaksSafety Zone" at the intersection of the 6000 block ofWillowbend Blvd. at the City of Houston Water Facilityfeaturing a water tank and water tower and proceeding southalong the with Harris County Flood Control Ditch No. 140-05-02, and following the ditch south to the intersection withLudington Drive; then running west along Ludington Drive toBob White Drive; following north on Bob White Drive to theintersection with Ludington Drive; then running west alongLudington Drive until it intersects Braesridge Drive; thenrunning north along Braesridge Drive until it intersects withWest Bellfort Street; then continuing east along West BellfortStreet to Fondren Road; then traveling north along Fondren


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Road to Willowbend Blvd.; and then east along WillowbendBlvd. until it meets the City of Houston water facility in the6000 block of Willowbend Blvd. as is illustrated by the mapwhich is hereby attached and labeled Exhibit A.

The "Brays Oaks Safety Zone", as identified by the boundaries above, includesthe following apartment complexes and businesses:

o City of Houston water tower and tank in the 6000 block of WillowbendBlvd.

r Eleanor Tinsley Elementary School at I 1035 Bob White Drive. Albury Head Start Day Care Center at 1l125 Albury Drive. Albury Food Mart at 11129 Albury Driveo I & A Food Mart at 6060 West Bellfort Streete Bennington Square Apartment Complex at 6300 West Bellfort Street. Bel-Lindo Apartment Complex at 6200 West Bellfort Streeto Oakwood Villa Apartment Complex at 6101-6201 West Bellfo( Streetr San Marcos Apartment Complex at 6301 West Bellfort Streetr Northbrook Village Townhomes in the 10600 to 10800 block of Sandpiper

Driveo Fondren Southwest Northbrook subdivision in the 10600 to 1 I 000 blockof Bob White Driveo Fondren Southwest Fondren Green subdivision in the 11500 to 11700block of Bob white Ddveo Southwood Place subdivision, section 2, in the 11500 to 11700 block of

Sandpiper Drive


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o Fondren Southwest subdivision in the I 1000 block of Sandpiper Driveo Fondren Southwest Northbrook Apartments at 61 1 I Willowbend Blvd.. Apartments at 10919 Fondren Roado Bankside Village Apartments at 6425 Bankside Driveo Carlyle Place Apartments at 11025 Larkwood Drive. Texas Pointe Royales Apartments at 11315 Fondren Road. Commercial strip shopping center at 6539 Willowbend Blvd.o Commercial strip shopping center at 11095 Fondren Roado Commercial strip shopping center at 11115 Fondren Road. Goldberg B'Nai B'rith Tower at 10909 Fondren Roado Hi-Lo Auto Supply at 6550 W. Bellfo( Streetr Halpin Early Childhood Center at 10901 Sandpiper Driveo Commercial strip center at 6570 W. Bellfort Street. Commercial strip center a1 6671 W. Bellfort Street. Commercial strip center at 6579 W . Bellfort Streeto Commercial strip center at I 1 3 I 3 Fondren Roado McDonald's at 113l I Fondren Roade 50 I Car Wash at 6555 Willowbend Blvd.r Fondren Southwest subdivision at 1400 Braesridge Driveo Fondren Southwest Northfield subdivision, Section 5 at 11500 Braesridge

DriveIT IS THEREFORE ORDERED that the Defendants, Feanyichi Ezekwes

Uvukansi, Lawrence Earl Johnson, Kevin Justin Brightmon, Michael Craig Rhone,


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Samuel Dwight Jones, Anthony Dewayne Jones, Tommie Lee Nicholson, Todrick KeonIdlebird, Kedric Ephraiam Powe, Jamarion Wright, Michael Mitchell, Irving LeonWashington, Jovan Edward McFarland, Evan Raheem Williams, Shaquille Lewis andTrey Dajuan Dixon are hereby ORDERED to be permanently restrained and enjoinedfrom the following activities within the boundaries of the BRAYS OAKS SAFETYZONE:

a. Entering, remaining, appearing, standing, sitting, walking, drivingbicycling or being physically present;

b. Associating, standing, sitting walking, driving, bicycling, or gatheringwith any person who Defendant knows to be subject to an order enjoininggang activity, with any other individual who the Defendant knows is amember of the "Bloods", the "Crips" or "Most Wanted" with anotherperson who the Defendant knows to be a member of any other criminalstreet gang;

c. Engaging in any conduct which violates the laws of the City of Houstonand the State ofTexas, including gang activities as defined by Texas CivilPractice and Remedies Code, $ 125.061;

d. Being under the influence of alcoholic beverages or being under theinfluence of illegal drugs or drugs for which the Defendant does not havea valid prescription;

e. Possessing alcoholic beverages or illegal drugs;


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f. Possessing any weapons including, but not limited to knives; clubs;firearms; baseball bats; glass bottles; rocks; hand grenades; smoke bombsor any other instrument prohibited by Chapter 46 of the Texas Penal Code;

g. Fighting;h. Possessing indelible marker pens, aerosol paint, paint cans, nails, razorblades, screwdrivers, or other sharp objects which may be used to markprivate or public property;

i. Spray painting or otherwise marking graffiti on any public place or privateproperty, including but not limited to the buildings, signs, streets and thesurfaces of any other real or personal property;

j. Communicating with or attempting to communicate with the occupants ofany vehicle, other than through the lawful use of traffic signals;

k. Obstructing or delaying the free flow ofvehicular or pedestrian traffic;l. In any manner, confronting, intimidating, harassing, threatening,

challenging, provoking, assaulting and/or battering any person;m. Causing or participating in the sale of illegal drugs or narcotics;n. Driving or being an occupant ofa vehicle;o. Using any type of electronic communication device, including cell phones,

pagers, walkie-talkies,p. To prevent or interrupt the occupation or use of a building, room or a

public place;q. Harboring, concealing or waming another in order to evade a law

enforcement offrcer;


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V

Signaling to, or acting as a lookout for other persons to wam of theapproach of a law enforcement officer and/or encouraging others to do thesame;Making, causing, or encouraging others to make unreasonable orunnecessary loud noise of any kind, including, but not limited to yelling,whistling. and loud music at any time of the day or nighrlDischarging a firearm;Making abusive, indecent, profane or vulgar non-verbal gestures;Using non-verbal physical gestures, hand signs, or symbols, which theDefendant knows to be gang-related or indicative of membership in acriminal street gang;Displaying or wearing items of clothing which identifu and symbolizemembership and association with a criminal street gang, including but notlimited to red or blue bandanas, red or blue sports insignia clothing, belts,and tennis shoes;Using abusive, indecent, profane or vulgar language;Entering on the property of another and looking into a dwelling throughany window or other opening in the dwelling, without prior permissionfrom the owner or a la*{ul tenant;Giving false information to a police officer who requests suchinformation, including but not limited to, a false name, false date of birth,or false residence address; and

V

y


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Intentionally damaging security cameras, lighting, fencing, walls, gates orany other security installation.

This order is effective immediately and shall continue in force and effect untilfurther order of this Court or until it expires by operation of law. This order shall bebinding on Defendants and on those persons in active concert or participation with themwho receive actual notice of this order by personal service or otherwise.

The Court FURTHER FINDS that the above enjoined activities constitutereasonable restrictions necessary to prevent fi.rther gang activity by the Blood and theCrips and Most Wanted Gang, as contemplated and permitted by Texas Civil Practice andRemedies Code Section 125.065, that the enjoined activities are in all waysconstitutionally valid prohibitions specifically designed to prevent gang activity asdefined by Chapter 125 ofTexas Civil Practice and Remedies Code, and that the BRAYSOAKS SAFETY ZONE is a reasonable and understandable geographic area for thisinjunction.

IT IS FURTHER ORDERED that the State of Texas is exempt from filing a bondherein pursuant to Section 6.001 of the Texas Remedies and Practice Code.

IT IS FURTHER ORDERED that if at any time any part of this Order is found orheld to be invalid or unenforceable, such finding or holding shall not affect the validity ofthe remainder of the Order.

IT IS ORDERED that all reliefnot expressly granted herein is denied.IT IS ORDERED THAT VIOLATIONS OF THIS ORDER MAY SUBJECT

DEFENDANTS TO THE PENALTIES DESCRIBED IN EITHER SECTION 125.066


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OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE,SECTIONS 21 001AND 21002 0F THE TEXAS GOVERNMENT CODE,SECTION 71.0-21 0F THETEXAS PENAL CODE,OR ALL

IT IS FURTHER ORDERED that swom offlcers Of thc Houston PoliceDcpartmcnt, the Harris COunty Sherifrs Department, Harris Coun Constables,investigators of thc Harris County Attomey's Offlce,are anowed to post on thc prcmisesof the BRAYS OAKS SAFETY ZONE this Ordcr and7or the phOtOgraphs of cachDefendant to infollll al pcrsons thereon ofthc existence ofthis Order

SIGNED THIS 28th day of May.2013.

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