the truth will set me free

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the bible says, "the truth shall set you free"

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Page 1: The Truth Will Set Me Free
Page 2: The Truth Will Set Me Free

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I GROVER TRASK

1 DISTRICT ATTORNEY

i C()Unty or Riverside

J State of Catifomia

~

GROVER TRASKDistrict AttorneyCounty of Riverside4075 Main Street, First Floor

Riverside, California 92501Telephone: (909) 955-5400

Arraign: 1130102

[F 0 0= 12 [0)SUPERiOR COURT OF C!\UFORNI.t'i,

COUNTY OF RIVERSIDf

Jp.N 2 9 Z002

c@W)1CC IJ, SUPERIOR COURT OF CALlFOR.NIA

COUNTY OF RIVERSIDE(Riverside)

THE PEOPLE OF THE STATE OF CALIFORNIA, NO. RIF099956Plaintiff,

v. INFORMA TION

MONICA FLORES AGENCY#: ER01280018IRSDEROSEW1i\RY L}: W.•.AJOR CRIMES :DIVISION

GANGSDefendants.

COUNT 1The District Attorney of the County of Riverside hereby accuses MONICA FLORES

and ROSEMARY LYNN YBARRA of a violation of Penal Code section 215, subdivision (a), a

felony, in that on or about October 7, 2001, in the County of Riverside, State of California, theydid wilfully and unlawfully and by means of force and fear take a motor vehicle from the

person, possession, and immediate presence of another, to wit: JEREMIAH BUEBE, with theintent to deprive such other person of possession of the motor vehicle.

The District Attorney of the County of Riverside further charges that the defendants,MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinaboveset forth in count 1 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 (4), subparagraph (c)./II

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GROVER TRASK

DISTRICT ATIORNEV

County of Riverside

State of California

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COUNT 2For a further and separate cause of action, being a different offense from but connected

in its commission with the charge set forth in count 1 hereof, the District Attorney of the

County of Riverside hereby accuses MONICA FLORES and ROSEMARY LYNN YBARRAof a violation of Penal Code section 245, subdivision (a), subsection (1), a felony, in that on orabout October 7,2001, in the County of Riverside, State of California, they did wilfully andunlawfully commit an assault upon JEREMIAH BUEBE, with a deadly weapon other than afirearm, to wit: a TIRE IRON, and by means of force likely to produce great bodily injury.

. The District Attorney of the County of Riverside further charges that in the commissionof the offense hereinabove set forth in count 2 of the information, the said defendants,MONICA FLORES and ROSEMARY LYNN YBARRA, personally inflicted great bodilyinjury upon JEREMIAH BUEBE, not an accomplice to the above offense, within the meaningof Penai Code sections 12022.7, subdivision (a) and 1192.7, subdivision (c), subsection (8).

The District Attorney of the County of Riverside further charges that the defendants,

MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinaboveset forth in count 2 of the information for the benefit of, -at the direction of, and in associationwith a criminal street gang with the specific intent to promote, further and assist in any criminalconduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),subsection (4), subparagraph (c).

COUNT 3For 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 and 2 hereof, the District Attorney of

the County of Riverside hereby accuses MONICA FLORES and ROSEMARY LYNNYBARRA 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 acertain building located at 16880 SLOVER AVENUE, FONTANA, with intent to commit theftand a felony.

The District Attorney of the County of Riverside further charges that the defendants,MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinaboveset forth in count 3 of the information for the benefit of, at the direction of, and in associationwith a criminal street gang with the specific intent to promote, further ann. assist in any criminal

conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),subsection (1).//1//1//1

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GROVER TR;\SK

DISTRICT ATTOllNEY

County of Riverside

State or Cnlifornin

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COUNT 4For 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 3 hereof, the District Attorney

of the County of Riverside hereby accuses MONICA FLORES and ROSEMARY LYNNYBARRA 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 acertain building located at 200 PROTOLA AVENUNE, PALM DESERT, with intent tocommit 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 hereinaboveset forth in count 4 of the information for the benefit of, at the direction of, and in associationwith a criminal street gang with the specific intent to promote, further and assist in any criminalconduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),subsection (1).

COUNT 5For 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 LYNNYBARRA 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 40100 WASHINGTON AVENUE, BERMUDA DUNES with intentto 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 hereinaboveset forth in count 5 of the information for the benefit of, at the direction of, and in associationwith a criminal street gang with the specific intent to promote, further and assist in any criminalconduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),subsection (1).

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GROVER TRASK

OI~TRlcr ,,"TOIlNEY

County uf Riverside

, SI~lIe of Cltlifurnin,!

\l5) ):f -.,.--_tr SUPERIOR ( )URT OF CALIFORNIA

COUN' Y OF RIVERSIDE I~'~f!,~" n~(Riverside) ! "~'/i'·l.~:'{,tA ~ L~. C Ei~~~ ~r.L

GROVER TRASK

District AttorneyCounty of Riverside4075 Main Street, First FloorRiverside, California 92501

Telephone: (909) 955-5400

Arraign: 1130/02

JAN 2 9 2002

THE PEOPLE OF THE STATE OF C LIFORNIA, NO. RIF099956Plaintiff,

The District Attorney of the County of Riverside hereby accuses M. NICA FLORES

and ROSEMARY LYNN YBARRA of a violation of Penal Code section 215, subdivision (a), afelony, in that on or about October 7, 2001 in the County of Riverside, State of California, theydid wilfully and unlawfully and by means of force and fear take a motor vehicle from theperson, possession, and immediate presence of another, to wit: JEREMIAH BUEBE, with the

intent to deprive such other person of possession of the motor vehicle.

The District Attorney of the County of Riverside further charges that the defendants,

MONICA FLORES and ROSEMARY L YBARRA, committed the offense hereinaboveset forth in count 1 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 criminalconduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),subsection (4), subparagraph (c)./11

v.

MONICAFL

ROSEMARY LYNN YBARRA,

Defendants.

CO T1

LJ / / I' C d,-'I f C ('0r: I' J',. 1///JJ{L,i..-l~' i'/· / ,!-~.,'.'

. --J ~ pf

1 2 II 3/(.> 2Ct ,'_1 Ii ri-, t / 1/

INFORMATION

AGENCY#: ER01280018IRSDEMAJOR CRIMES DIVISION

GANGS

Page 6: The Truth Will Set Me Free

GROVER TRASK

DISTiller ""TORNEY

('OUIIIY of Riverside

SI:IHo of C:llifornifl

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234

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67

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.aUNT 2

For a further and separate cause of action, being a different offense from but connectedin its commission with the charge set forth i-i count 1 hereof, the District Attorney of the

County of Riverside hereby accuses MONJ('A FLORES and ROSEMARY LYNN YBARRAofa violation of Penal Code section 245, su -division (a), subsection (1), a felony, in that on or

about October 7, 2001, in the County of Riv erside, State of California, they did wilfully andunlawfully commit an assault upon JEREMlAH BUEBE, with a deadly weapon other than afirearm, to wit: a TIRE IRON, and by mean~' of force likely to produce great bodily injury.

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 bodilyinjury upon JEREMIAH BUEBE, not an accomplice to the above offense, within the meaningof Penal Code sections 12022.7, subdivision (a) and 1192.7, subdivision (c), subsection (8).

The District Attorney of the County of Riverside further charges that the defendants,

MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinaboveset forth in count 2 of the information for the benefit of, at the direction of, and in associationwith 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 (4), subparagraph (c).COUNT 3

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 and 2 hereof, the District Attorney ofthe County of Riverside hereby accuses MONICA FLORES and ROSEMARY LYNNYBARRA ofa 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 16880 SLOVER AVENUE, Fa TANA, 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 hereinaboveset forth in count 3 of the information for the benefit of, at the direction of, and in associationwith 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).11/11/11/

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GROVER TRASK

n1STRrcr AlTORNEY

County of Ili versidc

Strut! of Cnlifornin

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COUNT 4For a further and separate cause of action, being H different offense from but connected

in its commission with the charges set forth in counts 1 through 3 hereof, the District Attorneyof the County of Riverside hereby accuses MONICA FLORES and ROSEMARY LYNNYBARRA 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 acertain building located at 200 PROTOLA AVENUNE, PALM DESERT, with intent tocommit 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 hereinaboveset forth in count 4 of the information for the benefit of, at the direction of, and in associationwith a criminal street gang with the specific intent to promote, further and assist in any criminalconduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b),subsection (1).

",aUNT 5For 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 Attorneyof the County of Riverside hereby accuse.' MONICA FLORES and ROSEMARY LYNNYBARRA 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 acertain building located at 40100 WASHD ~GTON AVENUE, BERMUDA DUNES with intentto commit theft and a felony.

The District Attorney of the Count v of Riverside further charges that the defendants,

MONICA FLORES and ROSEMARY LYNN YBARRA, committed the offense hereinaboveset forth in count 5 of the information for the benefit of, at the direction of, and in associationwith a criminal street gang with the specific intent to promote, further and assist in any criminalconduct by gang members, within the mer.. ing of Penal Code section 186.22, subdivision (b),subsection (1).

GRO ER TRASK . /District Att~y«>.

~v,JOHNM. AVISSupervising Deputy District Attorney

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CR()VEI~ THASK

I)JSTUJcr A lTOnNEY

Cuuury of Itivt'l"sidc

Slah: of ('lIlifurni:1

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GROVER TRASK

District Attorney

County of Riverside

4075 Main Street, First Floor

Riverside, California 92501

Telephone: (909) 955-5400

State Bar No.: 132579

JP,N 2 9 2002

SUPERIOR COURT OF CA1,IFORNIA .

COUNTY OF RIVERSIDE I~i~ fl ~~n(Riverside) .., Lid b~,; t;~

Defendants.

Case No. RIF099956

REQUESTIMOTION FOR

PROSECUTION DISCOVERY

(Pen. Code, §§ 1054.3,

10S4.S(a) & (b).)

Estimated Time: 10 mins.

THE PEOPLE OF THE STATE OF CALIFORNIA,

Plaintiff,

v.

MONICA FLORES

ROSEMARY LYNN YBARRA

TO: THE HONORABLE JUDGE OF THE SUPERIOR COURT, Riverside Branch, AND

TO COUNSEL FOR ABOVE-NAMED DEFENDANTS:

PLEASE BE INFORMED that the Office of the District Attorney of Riverside County,

acting on behalf of the Plaintiff, the People of the State of California, hereby requests/moves for

discovery/disclosure of the following items from the defendants and counsels in this case,

pursuant to Penal Code section 1054.3(a) and (b):

1. The names and addresses of persons, other than the defendants, counsels or defendants

intend to call as witnesses at trial;

2. Any relevant written or recorded statements of the persons in No.1 above and/or

reports of the statement of such persons;

3. Any reports or statement of experts made in connection with this case, including, but

not limited to, the results of physical or mental examinations, scientific tests, experiments, or

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GROVER TRASK

nrSTRICT "rroRNF.YCounty of Riverside

State of CalifOnlill

1 comparisons which the defendant or counsel intend to offer as evidence at the trial of this case;2 and

3 4. Any "real", i.e., tangible or physical evidence which the defendant or counsel intends to4 offer in evidence at the trial.

5 PLEASE TAKE NOTE that pursuant to the provisions of Penal Code section 1054.5(b) if6 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 Code8 section 1054.3.9 Dated: January 26, 2002

10

11 Respectfully submitted,1213 GROVER TRASK

District Atto~~

~~~

/ JOHN /.1.DAVIS ..,r Supervising Deputy District Attorney

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SUPERIOR COURT OF CALIFORNIA

COUNTY OF RIVERSIDE su{l!loD [b ~ [Q)R COURT OF CA

COUNTY OF ~vERs7~~RNIA

PEOPLE OF THE STATE OF CALJFORNIA, JAN IJ, 2002,-C~lh

CASE NO. RIFO~o-Plaintiff,

vs.

MONICA FLORES,ROSEMARY LYNN YBARRA,

Defendants.

REPORTER'S TRANSC UPT OF PRELIMINARY HEARING

Honorable Vjlia G. Sherman, JudgeJal'uary 16, 2002

D( oartment 62

APPEARANCES:

For the People: OFFICE OF THE DISTRICT ATTORNEYBY: MICHAEL KERSSE, Deputy4075 Main StreetRiverside, California 92501

For Defendant Flores: EARL CARTER & ASSOCIATESAttorneys at LawBY: HENRY J. SNOW308 North Riverside Avenue, Suite 1-KRialto, California 92376

For Defendant Ybarra: WILLIAM BARNETTAttorney at Law3891 Tenth StreetRiverside, California 92501

Reported by: SHARI L. LAYTON, C.S.R. No. 6256Official Court ReporterRiverside County Superior Court

. :.~),

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I N D E X

PEOPLE'S WITNESSES: PAGE:

JAVIER RODRIGUEZDirect Examination by Mr. KersseCross-Examination by Mr. SnowCross-Examination by Mr. Barnett

21617

RONALD GARCIADirect Examination by Mr. KersseCross-Examination by Mr. SnowCross-Examination by Mr. Barnett

213437

BRETT JOHNSONDirect Examination by Mr. KersseCross-Examination by Mr. SnowCrOSS-Examination by Mr. Barnett

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MR. KERSSE: Good morning, Your Honor. Michael Kersse

11 appearing for the People. Welre ready for prelim.

THE COURT: All right. Any potential for resolution?

MR. SNOW: Not at this time, Your Honor.

THE COURT: Okay.

MR. KERSSE: No. The defenrtants are charged with life

WEDNESDAY, JANUARY 16, 2002, RIVERSIDE, CALIFORNIA

BEFORE THE HON. VILlA G. SHERM'\N, JUDGE, DEPT. 62

---000---

THE COURT: On the record in People versus Rosemary

5 Ybarra and Monica Flores, RIF099956.

6 MR. BARNETT: William Barnett for Rosemary Ybarra,

7 whols sitting in the box farthest from the Court. '

8 MR. SNOW: Henry Snow for Monica Flores, whols present

9 in court in custody.

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THE COURT: There usually .i r-n I t when that happens.

MR. KERSSE: Yes.

THE COURT: I always ask, full of hope, however.

All right. Any preprelim motions?

MR. BARNETT: Exclude witnesses.

MR. KERSSE: Your Honor, the People are going to have

23 three witnesses. Deputy Rodriguez wiJI be my first witness,

24 Deputy Garcia, who 11m going to be asked to be designated my

25 investigating officer, and Deputy Johnson will be my third26 witness.

27

28 remain outside. And any potential witnesses will remain

THE COURT: All right. Deputy Johnson is asked to

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outside. Deputy Garcia wilL be appointed investigating officer.

And you may call Jour first witness.

MR. KERSSE: Thank you, Your Honor.

People call Deputy Rodriguez.

THE CLERK: You do solemnly state that the evidence

you shall give in this matt~r shall be the truth, the whole

truth, and nothing but the truth, so help you God?

THE WITNESS: I do.

THE CLERK: Than~ you. Please be seated.

Please state your full name, spelling your first and

last name for the record.

THE WITNESS: First namels Javier, J-a-v-i-e-r, last

namels Rodriguez, R-o-d-r-i-g-u-e-z.

THE COURT: Go ahead, Mr. Kersse.

MR. KERSSE: Thank you, Your Honor.

JAVIER RODRIGUEZ,

called as a witness by and on behalf of the People, having been

first duly sworn, was examined and testified as follows:

DIRECT EXAMINATION

BY MR. KERSSE:

Q Good morning, deputy.

A Good morning.

Q Deputy, what's your occupation?

A 11m a deputy sheriff.

Q And by whom are you employed?

A By the Riverside County Sheriff's Department.

Q And how long have you been a deputy sheriff with

Riverside Sheriff's Office?

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A For the last t.hre.e years.

Q Did you attend thr- academy before becoming a police

officer?

A Yes, I did.

Q And at the academy did you take and pass a course in

the investigation and testifying at preliminary hearings given.

by POST?

A Yes, I did.

Q Were you working in your capacity as a deputy sheriff

on Sunday, October the 7th, 2001?

A Yes, I was.

Q And at that time on that day did you respond to Donut

Queen in Rubidoux, Mission Boulevard?

A Yes, I did.

Q And when you resp0nded did you contact a person by the

name of Jeremiah, common spelling, last name Buebe, B-u-e-b-e?

A Yes.

Q And tell us what you saw when you arrived at that

location.

A When I arrived there, I saw a man sitting down. He

had, like, a white shirt on top of his head, and I saw, like, a

lot of blood on top of his head.

Q And that was Mr. Jeremiah Buebe?

A Yes. He identifi_d himself as Jeremiah Buebe.

Q "Buebe"?

Yes, I think so.A I'm not sure.

3

Q "Buebe."

"Buebe." There you go.A French.

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Preferable to the other pronunciation I was giving1 Q

2 it.

3 And were you able to at that time determine the extent

4

of his injuries?

A At that point I saw a big gash on the top of his

head. As soon as I got there, I immediately radioed for AMR,

which is paramedics, to come on scene so they could hurry up and

treat him, because at that point I just saw a lot of blood

coming from the top of his head. I didn't know what kind of

injury as far as internal he might have been having.

Q Were you with the victim later on at the hospital?

A Yes. I actually followed along with the ambulance to

the hospital.

Q And when he was treated at the hospital, were you able

to determine the extent of his injuries at that point?

A Yeah. At that p()int he had a laceration on top of his

head, which I think required -- I think it was seven stitches.

Q And were there any other injuries to his body apart

from the gash to his head?

A He complained of, like, headache. He complained of

pain to his head. He had numerous marks on his -- on his arms

from when -- and then he kind of told me where he got thosefrom.

Q Let's go to that aspect now. How did he tell you

those injuries were received?

A At first he was like -- because when I was asking him

what other injuries do you have, I noticed he had marks on his

hands. And that's when he looked down, and he was like, I must

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1 have gotten those from when, you know, the people that attacked

2 me were like -- his words were like throwing punches at him.3 Q So the victim told you he was attacked?

4 A Yes.

5 Q Did he tell you how that attack happened?

6 A Yes. He said he drove on a street, which he didn't

7 know the name at the time, and he was approached by a man while

8 he was sitting in the car.

9 Okay. I think it's going to be easier if we go backQ

10 and do it chronologically.

11

12

Okay.

Did he tell you why he was over in the Rubidoux area

A

Q

13 In the first place?

14 Yeah. He had met a female who originally introducedA

15 herself on the phone as Maria. He contacted -- they were

16 contacted through what's called like a party line. Mainly

17 people call this phone number and people meet through there.

18 Okay. So he told you he met a female by the name ofQ

19 Maria on a party phone line?

20

21

Right.

And when he met her on that party phone line, what did

A

Q

22 he tell you transpired?

23 After a few conversations, the girl who identifiedA

24 herself as Maria told him, "You know what, start calling me by

25 my real name, which is Monica." And at that point they decided

26 to meet up on a certain date.

27 And with respect to the early hours of Sunday morning,Q

28 October 7th, when was that meeting with this person now known as

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1 Monica to take place?

2 They were supposed to meet sometime that night, eitherA

3 around 12:00 or 1 o'clock in the morning.

4

5

6 morning.

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8 Monica?

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Q

A

And what time was it you contacted him?

I contacted him, I want to say, 2:18, 2:17 in the

10 was in the unincorporated area of Highgrove. He met her on a

11 street, on Transit, which is almost -- the house is almost

12 towards the end of the block, and she was accompanied by another

13 female.

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Q Okay. Now, did he tell you what happened when he met

24 you what her friend's name was?

25 A He didn't know - - he couldn't remember if her name was

26 told or not. He only knew how to describe what she looked like.

27 Q Did he give you a description of what she looked like?

28 A Yes.

A When he met Monica, he showed up at the house, which

Q

A

Q

NOw, how did he get to the location on Transit?

He was given directions by Monica.

What I meant by that, did he catch the bus, was he

6

A

Q

A

Q

A

Q

Oh, he took his Honda Accord.

Okay.

Right.

He was driving a 2000 Honda Accord?

Right. Registered under his name.

And after he met Monica and her friend, did he tell

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Q What was the description?

A I think he said she was about 5'11". He said she was

very big, and he used the word she was about 300 pounds.

Q And was he able to give you a description of Monica?

A Yes, he he described her as being -- both of them,

actually, as being Hispanic females, Monica having

shoulder-length hair, being, I think he said black. And the one

that stood out was that fact that he said she had a piercing

underneath her lip.

Q NOW, what happened after he met these two Hispanic

females at the address on Transit?

A When he met them, he said that Monica had asked him if

he would mind if her friend would come with them, because she

didn't feel comfortable being with him because of the fact that

she didn't really know him.

Q 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 tell you where they went from that

first location where the second location was?

A Actually, he was in my police car.

Q Okay.

A And we actually took the trip that he believed he

took, and we drove from the Highgrove area to the Rubidoux area,

exiting on Rubidoux Boulevard.

Q Okay. And the second location, can you describe what

he described to you as it was?

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A In the beginning he had described to me that he didn't

remember where the street was, but he remembered that there was

a large field that was there on the street. So when we drove

down there, we were going southbound on Rubidoux Boulevard, and

then he said, you know, make a right here, make a right here.

And that street was, I want to say, 34th Street.

Q Okay.

A And then we went westbound on 34th. And right when we

got to, I think it was -- I forgot the street name. It's in my

report. It's either Pontiac or --

Pioneer?Q

A Pioneer. He said, "That's the field. II And right

there on the corner of Pioneer and 34th there's a big, vacant

field.

Q And is that where he stopped the car?

A That's where he said, "I think this is where I made a

left."

So that's where he said he believed he made a left,

right there on Pioneer, and that's where he believed the vehicle

stopped originally when both friends were in the car, or the two

females and --

Q Okay. And where was the female Monica seated?

A I believe he said Monica was in the front and the

friend was in the back.

Q Okay. Now, when they stopped at this area on 34th

Street by Pioneer and Pontiac, did he tell you what happened to

him?

A Yeah. At that point he said the friend never got out

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1 of the car and

Q When we're talking about the friend, we're talking

3 about the large Hispanic female?

4

5

6

A

Q

A

Right, right.

Okay.

Didn't get out of the car, and I think they began to

7 smoke cigarettes or something.

8

9

Q

A

Okay.

And at that point he said he was approached by a

10 Hispanic male by the driver's side door, which was ln the front.

11

12

13

Q

A

Q

So he was seated on the driver's side?

Right.

Was he able to tell you if the window was down, if the

14 door was open?

15 A I think he said that the window was down.

16 Q And he was approached by a Hispanic male?

17 A Yes.

18 Q What happened when the Hispanic male contacted

19 Jeremiah?

20 A Said he was the male started yelling stuff, at that

21 point he perceived to be Spanish, because in his words he really

22 couldn't understand what the guy was ~aying. He said he could

23 only make out one word.

24

25 make out?

Q And what was the one word that Jeremiah said he could

26

27

A

Q

He said the only word he actually heard was "holmes."

Okay. And was this Hispanic male alone or were there

28 other Hispanic males with him?

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1 A He said at the time that's the only Hispanic male that

2 he saw, and he attempted to start the car and leave.

3 Q Okay. Was Jeremiah able to start the car and leave?

4 A He said that he was grabbed by that suspect, the male

5 suspect.

6 Q Okay.

7 A And he said that within seconds he looked in his rear

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view mirror, and he just saw, I believe it was, four or five

people running after his -- towards his car.

Q Okay. Was he able to give you a description of that

first Hispanic male?

A He gave me a general description of him. At the time

he said as far as making a composite of the person, he probably

wasn't able to, but if he was ever to see that guy again, he

said he would.

Q So just give me the general descript~on he gave you.

A Hispanic male. I think he was wearing a beanie,

multicolored, I think, like a Pendleton shirt.

Q Okay. What about the other four or five Hispanic

males that he saw in his rear view mirror?

A He said at that time his mental frame, he wasn't

really thinking like that.

Q Was he able to tell you what their ethnicity was?

A Yes. He knew they were Hispanic males.

Q Was he able to give you any description ln terms of if

they had any hair?

A I don't remember.

Q You don't remember?

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Q All the males?

A Right.

Q And was he able to tell you what he was being struck

with?

A He said at the time it just felt like fists; he was

just being hit by fists. But the one thing that stood out, he

remembered seeing one person holding a tire iron, and I think it

was In the right hand.

Q Right. NOw, while these Hispanic males were hitting

on Jeremiah, did he tell you what the two females who had taken

him to that location were doing?

A He said the one thing that stood out was the fact that

none of them looked, like, alarmed.

Q When you say "none of them," I want you to be more

specific. Referring to Monica?A lid probably have to look at my report, because 11m

not sure if he said Monica or both.

Q Or both. Okay. You think

MR. BARNETT: Move to strike.

THE COURT: Overruled.

Q (By Mr. Kersse) Let me ask you. In terms of the

females who had accompanied Jeremiah to that location, what did

he say about them in terms of what was going on when this

beating was happening?

A He said --

MR. SNOW: Objection, vague. Nothingls apparently

going on.

THE COURT: Sustained.

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Q (By Mr. Kersse) Earlier you said that Jeremiah said

that the one thing that stood out to him was what?

A That the females were in the car and they didnrt make

an attempt to leave.

Q Did they make any attempt to stop what was happening?

A No. He said that none of them screamed, none of them

said anything.

Q Now, what happened to Jeremiah?

A At that point he said he was scared for his life, so

he started to run.

Q Okay.

A So he began to run away, which he believed was towards

Mission Boulevard.

Q And what happened when he was running away?

A When he started running away, he could hear all those

men that were hitting him chasing him.

Q And did they strike him when they were chasing him?

A He said as soon as he started running he felt this

tremendous pain on his head, and thatrs when he fell to the

ground, and that's where he believed he was hit with a tire

iron.

Q And after he fell to the ground, what happened to

Jeremiah?

A He said as soon as he fell to the ground, I think he

said he believed he was being hit again, but at that point he

stood up and he said, "Well, you know, I'm in the army, so I'm

just going to run." So he ran.

Q And is that when he ran to the doughnut shop?

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Q

A Right. He went to the doughnut shop. And there was a

2 passerby who saw this man holding the shirt to his head with all

3 the blood coming out and he decided to call 911.

4 Q Okay. Did he tell you why that beating stopped after

5 he was running away and he was struck with a tire iron and went

6 to the ground?

7 A No. At that point I guess he just knew that they

8 stole his car.

9 Q Okay. Once you had received all this information from

10 Jeremiah, did you then do a follow-up investigation?

12 Riverside Community Hospital, I asked him if he would accompany

13 me to Highgrove so we could kind of like do the same route that

14 he had took, and that way he could show me the house that he had

15 originally gone to.

11 A

16

Yes. After he was done with his medical treatment at

Okay. And was he able to show you the location, that

17 first location when he contacted the person named Monica?

Yes.

And was that address 569 Transit?

Yes, it was.

And did you contact somebody at that home?

Yes. I knocked on the front door, and I was met by a

identified herself as being the mother of Monica.Okay. And was that lady Cecjlia Guiterrez?

Yes, it was.

And she told you that Ie was the mother of Monica

18 A

19 Q

20 A

21 Q

22 A

23 lady who

24 Q25 A

26 Q

27 Flores?

28 A Right.

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Q

A

Q

And he pointed to the person that was Monica Flores?

Right.

And do you see that person in court here today?

1 Q Did you ask Monica Flores's mother if Monica had a

2 friend who was heavyset?

3 A Yes, I did.

4 Q And what did Monica Flores's mother tell you?

5 A She immediately said, yes, she does, she has a friend

6 who lives across the street. And I believe her name was

7 Rosemary Ybarra.

Q Rosemary Ybarra.

Now, while you were at that home, did you collect any

10 photographs of Monica Flores?

11 A Yeah. As I walked through the house, I noticed a

12 picture of two young Hispanic females. So I asked the mother

13 who the pictures were of. And she said, well, that's my

14 daughter Priscilla, who was at the location, and that's a

15 picture of my daughter Monica.

16

17

18

Q

A

Q

Did you show that photograph to Jeremiah?

Yes, I did.

And did Jeremiah identify the person he contacted he

19 knew as Monica?

20 A Yes, he did. And, actually, before I even did that, I

21 asked the mom which one was Monica.

22 Q Okay.

23 A So she pointed out which one she was to me. So I did

24 that. That way I knew if he pointed out who it was. And he did

25 immediately point out, "That's the girl that I picked up."26

27

28

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Q

A

Right.

-- that appears to you to be Monica Flores?

Right.

MR. KERSSE: No further questions.

THE COURT: Who's going first?

A Just from the picture, I mean, I would think that,

2 yes, that's the one in front of me.

3 Q Well, which one? There's two in front of you.

4 A Yeah. It's going to be the one on the right-hand

5 side.

6 Q One on the right-hand side?

7 A Yeah. I've never actually seen her before.

8 Q But from the photograph and from the identification

9 that Jeremiah made

10

11

12

13

14

15 Mr. Snow.

16 CROSS-EXAMINATION

17 BY MR. SNOW:

18

19

20

Good morning, Deputy Rodriguez.

Good morning.

May I ask you, have you had much experience previously

Q

A

Q

21 in investigating other gang-related violence occurrences?

22

23

24

MR. KERSSE: Objection, relevance.

THE COURT: What's the relevance?

I'm trying to get to the what theMR. SNOW:

25 defendant's state of mind could have been at the time. Because

26 there's at least an inference that there was no help offered by

27 either of the defendants, and there may be another reason other

28 than the inference that they were participating.

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1 THE COURT: Well, what would his experience ln gangs

2 have to do with that?

3 MR. SNOW: Well, what I'm trying to get to, Your

4 Honor, is perhaps it's possible to witness an incident such as

5 this and be shocked by it and not do anything.

6 THE COURT: Well, I don't think he's an expert in

7 shock, as far as I know.

8 Do you have any medical training in dealing with

9 shock?

10 THE WITNESS: No, Your Honor.

11 THE COURT: All right.

12 MR. SNOW: He may have interviewed many people who

13 have witnessed these types of activities.

14 THE COURT: The objection is sustained.

15 Q (By Mr. Snow) Since we don't have the benefit of

16 photographs to the victim -- of the victim's injuries at the

17 moment, can you describe where that injury was on the vicitm's

18 head?19 A I think it was -- probably have to look at my report,

20 but I thought it was to the top left section of his head, I

21 thought. I have to look at my report just to make sure.

22 MR. SNOW: I have nothing further, Your Honor. Thank

23 you.

24 THE COURT: Mr. Barnett.

25 CROSS-EXAMINATION26 BY MR. BARNETT:

27 Q Jeremiah got out of his car, there was the scuffle,

28 he was being hit, he started to run, got knocked down again. Is

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that right?

A Yes. He got knocked down after he felt like a

tremendous hit on the back -- on his head.

Q And he got up and kept running?

A He got up, yeah. That's actually what I asked him was

how can you get up after being hit like that? And his thing

was, you.know, I'm in the army for six years, I know how to run.

So that's what he did.

Q Did he look back over to his shoulder to see what was

taking place behind him?

A You know, I think he might have. But, actually, I

think he told me he was so scared that he just wanted to get out

of there.

Q Did he see anybody take his car or drive it away?

A No, at that point he was just running for his life.

Q So he had no idea when he got down to the doughnut

shop, he had no idea where his car was or whether it had been

stolen or what had taken place; is that right?

A Well, he believed it was stolen, but, yeah, he wasn't

familiar with the area, so he really didn't know where the car

was.

Q But he had no idea whether the car might still be in

the same spot?

A Right.

Q He had no idea if it was stolen or not; is that right?

A Well, I mean, as soon as I arrived on scene, the first

thing he told me was, "My car's stolen."

Q That's what he thought. But did he see anything?

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A

Q

I would say no, because he was running away.

Was he pretty coherent with you when you first got to

3 him?

4 A When I got to him, he sounded in shock.

5 MR. KERSSE: I believe that's a medical opinion.

6 THE WITNESS: Sorry.

7 THE COURT: Sustained.

8 MR. BARNETT: We didn't go through with --

9 Q (By Mr. Barnett) With that 115 qualification, did you

10 also get some medical -- never mind. Strike that.

11 He's sitting on the curb, and he had the thing around

12 his head, and you saw some blood. Did he talk to you?

13 A Yes. He gave me what I needed to find out right away.

14 Because of the fact that he told me my car's stolen, I needed --

15 my concern at that point was to hurry up and get an all points

16 bulletin out so other deputies in the area can attempt to find

17 the car if it's being driven away. So he gave me a quick

18 description of what happened.

19 Q And then you followed him to the hospital, right?

20 A Right.

21 Q And when the emergency people got there, did they give

22 him any emergency treatment at the doughnut shop?

23 A Yes. The paramedics that arrived on scene, yeah, you

24 know, they put him on a gurney. They cleaned most of the blood

25 from his head. I'm not exactly sure what they did, but, I mean,

26 they gave him kind of immediate

27 Q Were you standing by?

28 A Yes, I was standing by.

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Q Was he able to communicate with these people?

A Yes.

Q Then after you followed him to the hospital, you got a

chance to talk to him down there, didn't you?

A Yes. I stayed there, yeah.

Q So this is just after he'd had the stitches in his

head?

Right, right. I was right there when that was beingA

done.

Q They gave him a little local and stitched him up; is

that right?

A Yes. They gave him an injection to the head. It was

one of those, like, direct anesthesia ones.

Q And how long was he in the hospital?

A God, I'd say maybe he was there probably about maybe

an hour, doctor coming and going. Mainly the nurse cleaned the

wound, and then the doctor came in and put the staples.

Q So after he was there about an hour and all this took

place, did he leave and go with you?

A Yeah. At that point I asked him I said, hey, you

know, because I didn't know how he was feeling, and I asked him

if he was willing to go with me and take the same route he took

to pick up the female he knew as Monica, and he said sure.

Q So he rode from the hospital --

A Right.

Q -- out to Highgrove?

A Right.

Q And then on out to Rubidoux?

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THE WITNESS: Ronald Garcia, G-a-r-c-i-a.

THE COURT: Go ahead.

21

A

Q

Right.

And then around in Rubidoux a little bit until you

3 found the street?

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A Right.

MR. BARNETT: I have no further questions.

THE COURT: Anything else, Mr. Kersse?

MR. KERSSE: Nothing further, Your Honor.

THE COURT: All right. Thank you. You're excused.

THE WITNESS: Thank you.

(Whereupon, the witness left the stand.)

11

12

13

THE COURT: Your next witness.

MR. KERSSE: People call Detective Ron Garcia.

THE CLERK: You do solemnly state that the evidence

14 you shall give in this matter shall be the truth, the whole

15 truth, and nothing but the truth, so help you God?

16

17

THE WITNESS: I do.

THE CLERK: Thank you. Please be seated.

18 Please state your full name, spelling your first and

19 last name for the record.

20

21

22 RO ALD GARCII ,

23 called as a witness by and on behalf of the People, having been

24 first duly sworn, was examined and testified as follows:

25 DIRECT EXAMINATION

26 BY MR. KERSSE:

27

28

Good morning, detective.

Good morning.Q

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Q

A

Q

What's your occupation?

Detective with Riverside County Sheriff's Department.

And how long have you been 0 sworn peace officer?

22

A A little over 15 years.

Q Detective, did you receive the investigation that

Deputy Rodriguez just testified to to do a follow-up

investigation?

A Yes, I have.

Q And in the course of that investigation did you make

contact with Rosemary Ybarra on Octob r the 17th, 2001?

A Yes, I did.

Q And do you see that person, Rose ary Ybarra, here in

court today?

A Yes, I do.

Q Would you please identify hI r?

A She's sitting in the jury box. c~e's furthest towards

the door with glasses and her hair pulled back, wearing blue.

MR. KERSSE: Thank you.

For the record, Your Honor, the detective has

identified the defendant Rosemary Ybarra.

THE COURT: It will so reflect.

Q (By Mr. Kersse) Now, when you contacted her, did she

agree to accompany you to the station for an interview?

A Yes.

Q And prior to going to the station for an interview,

did you explain to her that she was not under arrest?

A Yes.

Q And that the interview was wholly voluntarily?

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A Yes.

Q Now, prior to going to the station, did Rosemary

Ybarra show you a location in Rubidoux where the assault on

Jeremiah Buebe took place?

A Yes.

Q Okay. And where was that location?

A The area was in Rubidoux between 34th, 36th Street,

Pioneer and Pontiac Street.

Q And after showing you that location, did you then go

on to the Jurupa station?

A Yes.

Q And did she tell you what ~er account was of that

evening of October the 7th, 2001?

A Yes.

Q Can you tell us what she t.rLd you?

A She said that Monica had met an individual through the

party chat linei during that time they had set up a meet. This

individual had come over to the house late Saturday night,

Sunday morning early. The individual came as she was talking on

the phone at Monica's house.

She wanted to go to the city of Rialto. She said that

she asked Monica to ask Mr. Buebe for a ride to the city of

Rialto. She said that Monica did not want to be alone with the

individual, so they were going to Rubidoux to pick up another

one of Monica's friends so Monica wouldn't be alone with Buebe.

Q So did she tell you that Monica, her, Rosemary, and

Jeremiah went in the car from Monica's home to the Rubidoux area

we just discussed?

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A Yes.

3 Jeremiah at that location?

Q And did she tell you if an assault happened on

4 A Yes. They had dropped off Monica, drove aro _' ~:e5 block, picked up Monica again. She ,·as sitting in t e rear

6 seat. Monica was sitting in the fro~t passenger's seat. _ ey7 stopped on -- I don't believe she wa:: real clear on whic

8 street, Pontiac and Pioneer or they f!topped -- later in t e

9 investigation it was Pontiac that they stopped on.

10

11

Okay.Q

A And that's when later they were stopped by or a gr D

12 of Hispanic males approached the car.

13 And Rosemary said she had no involvement in whatQ

14 happened while Mr. Buebe was being assaulted?

15

16

A Yes.

Q And after the assault, what did Rosemary Ybarra te

17 you then that she did?

18

19 scene.

23 from someone else or she called someb0dy to get a ride away fro

20

21

22

Rosemary Ybarra said that she walked away from theA

Q And how did she leave the area?

A On foot.

Q Did she tell you at that point that she got are

24 that location?

25

26

A Yes.

27 into the car and went with Monica?

Q So she did not at that point tell you that she got

28 A That's correct.

24

. ", i, !

:1 I

~ , .. I,, ', !

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1 Q ow, on October the 19th, 2C01, di d you co__act onica

2 Flores?

3

4

5

6

7 please?

8

A

Q

A

Q

Yes, I did.

And do you see Monica Flores here in court toda ?

Yes.

And would you point that person out for the Court,

A She's sitting in the jury box closest to me, hair

9 pulled back, no glasses, in blue.

10

11

MR. KERSSE: Thank you.

And, again, for the record, Your Honor, the detective

12 has identified Monica Flores.

13

14 Q

THE COURT: The record will so reflect.

(By Mr. Kersse) And did Monica agree to go for a

15 voluntary interview at the station?

16 A Yes.

17 Q And prior to going to the station did she identify the

18 location that we now know of over on 34th Street, Pioneer and

19 Pontiac?

20 A Yes.

21 Q At the station did she tell you what her involvement

22 was in the assault on Jeremiah?

28 Jeremiah Buebe on a Wednesday through the party line. He had

23

24

25

26

27

A

Q

A

Q

A

At the station --

The first time.

The first time?

Yeah.

Again, she initially just reiterated that she had et

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come over with an individual by the name of Danny. They had set

up a meet about coming over. She gave the phone mber to them,

Danny and Mr. Buebe, which was later destroyed or to_d be

destroyed, after which I guess Buebe kept calling er.

And he had him come over on late Saturday ':'g:.~r

Sunday morning, and that's when they were going to R

actually look for girls for Buebe, because Monica said -:~t s e

did not want to be with Buebe in an intimate manner.

early

to

that time she pointed out -- or prior to that she had

out Pioneer Street as to where they stopped, which is j st s t

of 36th Street, and that's where the assault occurred.

Q Okay. And during that first interview she de..:'e·a:.

involvement in the assault?

A That's correct.

Q Now, after the interview did you return Monica F~ores

to her home on Transit?

A Yes, I did.

Q What happened when you returned to Monica Flores's

home?

A Detective Knudson and myself took Monica home. ",e

pulled up in front of her residence, and she made the state .e..-

that "I can get in so much trouble for setting this up."

Q After she made that statement to you, Detective, ;~.a-

did you do?

A We then took her back to the Jurupa Valley sta· :.

Q And when you told her you were going back to the

station, did she make any statements to you at that time?

A She said that she would only tell me what her

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Q Okay. When you went back to the station, did yo read

involvement was regarding setting up the assault on Buebe.

Q When she said she would only tell about her

3 involvement, did she elaborate upon that statement?

4 A Well, that the setup was with the gang est Side Riva,

5 which is predominant in that Pontiac/Pioneer/34th/36th area.

6 Right there is known for West Side Riva gang members.

7 Q Did she, Monica Flores, specifically identify t_~ gang

8 involved as West Side Riva as a collective?

10 it was West Side Riva gang.

She used the statement "Iiomey , \I and, I believe, es,

11

9 A

12 Monica Flores her Miranda rights?

13 A Yes.

14 Q And did she appear to understand and waive those

15 rights?

16 A Yes.

17 Q And then did you discuss, once again, what ha e__ed

18 . . the assault on Jeremiah?Vls-a-VlS

19

20

A Yes.

Q Okay. What did she tell you about sett':"_9 __e ",':o,e

21 thing up?

22 A Well, she said that Buebe kept calli g ,er. s:_e

23 was trying to get the picture across to him that s e di I' ,"~ t•a.

24 him calling her. And once he kept calling, she said t at s e

25 had decided that she was going to carjack him, rob him ::or ni s

26 car. She believed -- she planned, invited Jeremiah Buebe to

27 come over her residence that night, and she thought that Buebe

28 ~as going to come with another individual.

27

Page 38: The Truth Will Set Me Free

9

10

11

12

1 So prior to his arrival she contacted known gang

2 members in West Side Riva that lived in that area and told them

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 car that they were

5 going to take. She said that she got dropped off. She ·alked

6 up -- she actually got dropped off on Pione_r Street. S e said

7 she walked towards the corner of 34th and PConeer a d ade

8 contact with the individuals.

Q

A

Q

A

These are the individuals from Wef:t Side R':'a?

Yes.

Okay.

Now, Rosemary and Buebe came back, picked her

13 told Buebe to park on Pontiac just south of 36th Street. S e

14 asked him for a cigarette. She got out of the car; Rose a

15 stayed in the car. She said that she stood near the driver1s

16 door and that she could actually hear the gang members com':'9

17 down the street, and she tried to block the view of Buebe so :e

18 wouldn1t see the individuals coming up to the car.

19

20

Q

A

Okay.

At that time one of the individuals with a shaved __ea

21 described by Buebe asked him for a cigarette. During this

22 little exchange here, he gets hit with a bottle, then the

23 assault occurs on Buebe.

26 side door area? Was that just to block the view of the HisDanic

27 ales who were coming up?

24

25

28

Q Let me just stop you.

Did she tell you why she wos standing in the driver1s

A Yes.

28

Page 39: The Truth Will Set Me Free

1

2

3

Q

A

Q

Okay.

They were coming from the rear.

Okay. When Mr. Buebe got hit on the head with a -- is

4 it a beer bottle, you said?

5

6

7

She stated it was a b8er b ~tle.A

Q

A

Yes.

What happened after that?

She said that her homeys we~e -- _o~ B~eDe 1S now

8 running down the street.

And when you say II homeys, 11 .is .ha c t.ne ..ord she I s9 Q

10 using?

11 A

12 Q

13 A

14 Q

15 A

Yes.

Okay.

Actually, 11 •• ittle homeys. 11

llLittle homeysll?

She said the little homeys ',:ereqo i r g down the street

16 after Buebe. She got in the driverls sea a d called them back,

17 and she drove Buebels car out of the ~_ea.

18

19 out of the area?Q Okay. And who else was in 3 ebels car that was driven

20 A She said Rosemary. And she j st said that there was

21 eight total, which six gang members and Rosemary and Monica.

23 once they drove from that location i. Jeremiahls car?

24 A They just drove around to -- it was Los Angeles,

25 Indio. I want to say Bermuda Dunes, down in the Indio area, and

26 then up to Los Angeles.

22

27

28

r

Okay. And did she, Monica, tell you what they didQ

Q

A

This was ov.rr a period of bow many days?

I think three days.

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22

23

24

25

26

27

28

Q Okay. And did Monica tell you anythi.9 aho t

the credit cards of Mr. Jeremiah Buebe that ·ere· s

A Yes.

Q What did she tell you about that?

A She said that she washed Buebe' s car and ..2.5 ~':a__e

s':' 9

e 'cle?

was in there. She found the credit cards, dispose' ::

Mr. Buebe's personal belongings and stuff and kept ~~e

like a credit card/debit card and that they stopped a~

.- '"as

Circle K's, 7-Elevens, and purchased 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. She s~id at one point in time they woul se 1

cigarettes and they hnd to use Rosem0ry's identificatio

purchase the cigarettes.

Q Okay. And ctid Monica Florps identify any of tea es

involved in this?

A No.

Q Did she tell you if one of them was her boyfriend or

an ex-boyfriend?

A I don't believe she said -- actually, yes, one of them

was her boyfriend, yes.

Q Was that SOl ebody you have identified as "Little One"?

A Yes.

Q West Side Riva?

A Yes.

Q Now, after ,:he conversation with Monica, did you do

further investigation· into the stolen credit card portion of the

Page 41: The Truth Will Set Me Free

2

Slover,

1 investigation?

3

4 to that?

5

6 of his

Yes, I did.A

Q Okay. And can you tell us '.hat yo a:" a reSDect

7

8

A I contacted Mr. Buebe. .e e sI as e

the statement for his cred:"~ C-.,....--..--c:.._ c.._

Then I c _::ac::e:::.They faxed them over to me.

for Circle K, and wit the credi ~. ::"e •...0

9 tell me where the cr ed i t; car ~··as:':5= _ =:.._ --.:--=..::.::. s=~~e5.

10

11

Q Okay. And was orie = -- -

S-l-o-v-e-r, --------- -_ .._--.-= -

12 Bernardino?

13

14

A Yes.

15 surveillance a e?

Q And di

16 A

17 Q

18 A

19

20 8t: , 2

2:" _-0.

22

Yes, = Ci.-.

e== ~rise?:es.;.._-:::: - ~c --- -= - 5~.-e:"::"::"a:lce 1- ape was dated October the

-?

___es ..

;..-=_ . .eze --0' able to view the tape in terms of when

:<:r. Buebe I s credit card took place or his2_ e:":: ca~c.?

25

26

27

28

And --

A I actually c at the receipt and the tape.

Q Okay. You had the receipt and the tape to match it

Page 42: The Truth Will Set Me Free

1

2

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7

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10

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15

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23

24

25

26

27

28

up?

A Yes.

Q And when that transaction took place vith r. Buebe's

credit card, who did you see doing th~ tra_sactio_? 0

appeared on the videot~pe?

A At that location there was two tra sac ~o_s _a

occurred within minutes of each othe And I sa'.':.:_ ~ca 5'_ores.

ead,

She actually produces the credit carr I saw

stand next to her. There was also a Hispanic a_e,

who was later identifj~d, and another unknown H~ 0 ~c ::e a e

32

whom I wasn't able to identify.

Q Now, the ma Le that you saw on the video 1,:_ 0 wa s _a er

identified, how was he identified?

A Well, I took the picture and I went to the ga 9

deputies. I showed th2m the picture, and we matched it p 0

some other gang photographs, and it looked just like Ric ar

Aldama.

Q And Richard ~ldama 1S a documented West Side Ri a

member?

A Yes.

Q And at some point did you contact Richard Aldama a

did he confirm that he was in the carl Mr. Buebe's car, Qr~-e_

by Monica Flores?

A Yes.

Q And did he confirm that was, 1n fact, him i ~~e

videotape in Fontana a~ the Circle K?

A Yes.

Q Were you able to identify any other stores in this

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2

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7

8

9

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11

12

13

14

15

16

17

18

19

20

21

22

23

2_

further investigation of yours where fraudulent transactions

using Mr. Buebe's debit card was used?

A Yes.

Q Where were those stores?

A There was t.v o other stores located in Riverside County

down in the Indio area.

Q Okay. Was one of those at 45-200 Portola Ave e, Palm

Desert?

A Yes.

Q And were you able to retrieve a surveillance tape from

that Circle K store?

A Yes.

Q And were you able to match up the receipts with the

tape as to those transactions on Mr. Buebe's debit card?

A I don't recall if it was that store or the next

store. I matched up the receipts. I know the debit card was

used in those two Circle K's down in Indio. One of the video

surveillance tapes I clid not see them on the videotape.

Q And one of them you did?

A Yes.

Q Which one was that?

A I'd have to refer back to my report.

Q If you would look at your report dated 10/31, and it

ould be page 3. I believe line 34 is the Portola Avenue Circle

store.

A Okay. Yes, on that one I did observe Monica Flores

t e individual thct was later identified as Richard Aldama.

And that was the individual from the Circle K in

33

Page 44: The Truth Will Set Me Free

4 Bermuda Dunes?

7 card was used at that Circle K store?

10 there was no tape showing any of the suspects on the ta e?

11 A That1s correct.

12 MR. KERSSE: Okay. Nothing further.

13 THE COURT: Cross-examination.

14 MR. SNOW: Yes.15 CROSS-EXAMINATION16 BY MR. SNOW:

18 one point you referred to the fact that there was another

19 officer with you when you took Monica back to her home after the

2

3

1 Fontana?

5

6

8

9

17

A

Q

Yes.

And then the other store was on 40100 ash'ngton Ave.,

A

Q

Yes.

And your investigation showed thaL ~r. e'el ere.:..t

A

Q

Yes.

Okay. And you were able to confirm it ·as se I

Q Good morning, Detective Garcia. I wanted to ask, a

20 first interview.

27 You indicated that Monica had come in voluntarily, and

28 apparently she had -- well, let me -- strike that.

21

22

23

24

25

26

Is that correct?

A

Q

A

Q

A

Q

Yes.

And what was that officer1s name?

Detective Knudson.

Knudson?

Knudson, K-n-u-d-s-o-n.

Thank you.

34

Page 45: The Truth Will Set Me Free

A No, the first time that she came in, they both came in3

1 You indicated the first time she was brought In she

2 did not come in voluntarily?

4 voluntarily.

5 Q Okay. During that interview you said that 0 ica was

6 pretty adamant about denying her involvement; is

11 took her back to her home, and at some point during t a· r e

12 she said to you, IIIcould get in so much trouble for set ":"_9

13 this up." Is that correct?

14 A Yes.

15 Q Was there any other conversation between you or

16 Officer Knudson and Monica on the way back to her home?

20 Rosemary and her didn't sound truthful to me.

23 investigating the case until I was able to find out the t_ ~,

7

8

9

10

17

18

19

21

22

24

25 you recall?

26

27

A Monica?

Q Yes.

A Yes.

Q And it was after that that you and Officer KL s __

A Yes.

Q Do you recall the substance of that conversatio ?

A I told her that the two stories that I heard fro

Q Was there --

A And then I told them that I was going to cont":" e

Q Did Officer Knudson make any statements to her a

A I don't recall.

Q Do you recall any mention c'u ri nq those conversatio s

28 of Monica's daughter?

35

~:~'lOI.". I~l' ,i.,. ,

Page 46: The Truth Will Set Me Free

ot at that time.

2 Was there any mention of nn:cals 'a g:_ er at a_yQ

5

Q Do you recall having mentioned anyt.hi nq a'o

3 other time during your interviews wit_ her?

A There may have, yes.

Q Do you recall anything about· at - _ se c _'ersa~~o s

6 ight have entailed?

A Not exactly, no.

8

9 protective services to Monica --

10 A No.

11 Q - - with regard to her daughter? "No"?12 A No.

13 Q Do you recall having asked her or mentioning •...0 __e~

14 that her involvement might require that her child be taxe __ -~--

15 her?

16 A No.

17 Q Do you recall if Officer Knudson asked any of se

18 questions or words to that effect?

19

20

I don't recall that. I know we spoke of her da g~ter.A

21 the second occasion when she came in?Q Uh-huh. Do you recall how long Monica was with yo~

22

23

A On the second occasion? Maybe another two hours.

Q And do you recall how long she was with you on the

25

24 first occasion when she came in?

A Close to the same.

26 Q Let me ask you this.

27 When you investigated these alleged purchases t a

28 were made and you saw copies of the receipts, did any of t'ese

36

Page 47: The Truth Will Set Me Free

5

6

7

8

9

::"0

1

2

3

receipts have signatures?

A Yes.

Q Whose name was signed to them? Was it Mr. Buebe's?

4 A You couldn't make it out. It's more like a scr~bb e.

Q I see. Were there any handwriting samples taken ~rom

onica or Rosemary Ybarra?

A No.

Q Did Miss Flores seem frightened to you at a y t~ e

d ring either of these interviews?

A No.

I don't have anything further at t sMR. SNOW: e.

12 Thank you.

_3 THE COURT: Mr. Barnett.

2S A Rosemary Ybarra.

26 Q When Rosemary talked to you at that time, how long was

2 she at the station?

14

15

::"6

::"7

::"8

_9

20

21

22

23

2~

28

CROSS-EXAMINATION

BY MR. BARNETT:

Q The first tine that you talked with Miss Ybarra, s e

and Rosemary -- she and Miss Flores came in together or ~~ ~bring them in?

A No, they did not come in together.

Q They did not come in together?

A No.

Q Were they at the station at the same time?

A No.

Q Who was interviewed first?

A I'd say probably about two hours.

37

Page 48: The Truth Will Set Me Free

Q And did you bring her into the stat~o_ or did she come

2 in?

I went and picked her up.

And you told her she wasn't

That's correct.

Now, when you talked with her that _ .e, a

3

4

5

6

A

Q

A

Q

7 hours, did you -- when you were finished, did 0 '- __ez; <:2...: e ie r

8 home?

A

Q

Yes, I did.

Did you tell Miss Ybarra that if she'd s p__ s =e

9

10

11 names, et cetera, that you could help her?

12 A No.

13 Q .so after you took her home, then it was Miss F_ores's

14 turn?

15 A If that's the way you want to put it, yes. I 'as16 trying to get ahold of them. I had contacted them on the

17 telephone and they had made arrangements to come and spea \,;-

18 me, but a couple times we had set up meetings and nobody sho ed

19 up.

20 Okay. So when was your contact with -- your meet~ gQ

21 with Miss Ybarra at the station, the two-hour meeting?

22

23

24

The first one?

Yeah.

I could give you an exact date if I refer to my

A

Q

A

25 report.

26

27

28

Okay.

t)ctober 17th.

And that was about a two-hour meeting?

Q

A

Q

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1

2

3

4

5

6

7

8

9

Q All right, please, because I'm pretty confused right

A Approximately.

Q And then you took her home. And then did.

Miss Ybarra -- did Miss Flores's meeting, first meeting,

with you on the 17th?

A You mean Miss Flores?

Q Yes.

occur

A

Q

A

No.

When did it take place?

Well, if I refer to my report, I can give you another10 exact date.

11

12 now.

13 A I spoke with Mrs. Flores on October 18th by telepho e,

14 and we made arrangements that I would pick her up on Friday,

15 8:30, October 19th. So October 19th is the first time that I

16 spoke to Monica.

17 Q And during any of the time that you spent with

18 Miss Ybarra, there was -- did you request that she work with you

19 and see if she would work out a favor or two?

20 A I don't offer anybody favors or promises.

21 Q Maybe something like you'd see what you could talk to

2 the DA about?

A No.

Q During the entire time that Miss Ybarra talked to you,

s2e said she didn't have anything to do with that carjackj isn't~2a- r~ght?

~ That's correct.

MR. BARNETT: I have no further questions.

39

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1

MR. KERSSE: If I could get a stipulation as to n i s

THE COURT: Mr. Kersse.

MR. KERSSE: Nothing further.

THE COURT: All right. Thank you. You're excused.

(Whereupon, the witness left the stand.)

2

3

4

5

6

7

8

9

10 reporter could probably use a break, too.

MR. KERSSE: Call Deputy Johnson.

MR. BARNETT: How about

THE COURT: A break?

MR. BARNETT: Two minutes.

THE COURT: Yes. I was going to say, the co r

11 How long do you expect to be with your next w':'tess?

12

13 expertise as a gang expert, very brief.

14 THE COURT: All right. Why don't we take - -

15 MR. BARNETT: I would probably stipulate that a_y

16 member of the police of law enforcement is a gang expert.

17 THE COURT: All right. Well, weill talk abou a

18 potential stipulation. Why don't we come back at twenty to

19 12:00.

20 MR. KERSSE: Thank you.

21 (Recess)

22 THE COURT: Back on the record in People vers s

23 Flores and Ybarra.

24 Your next witness.

25

26 Johnson.

27

28

MR. KERSSE: Yes. My last witness is Deputy Bre t

THE COURT: Do we have any stips?

MR. KERSSE: Yes.· There's going to be a stipulation

40

Page 51: The Truth Will Set Me Free

1 that Deputy Johnson is qua~,ified to render an opinion as a gang

2 expert.

3 THE COURT: Not r.pe ci f i caLly with respect to the West

4 Side Rivas?

5 MR. KERSSE: We ran do that,

6 MR. BARNETT: Ye.'.

7 MR. SNO-V]: So st :pulated for prel iminary :_ear.i__9

8 purposes only.

9 THE COURT: All ]'ight. For preliminary heari_s

10 purposes, that will be ent( red.

11 THE CLERK: You (:0 solemnly 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: Ye~, I do.

15 THE CLERK: P'Ieare be seated.

16 Please state your full name, spelling your firs a~

17 last name for the record.

18 THE WITNESS: My name is Brett, B-r-e-t-t, Jo 80__,

19 J-o-h-n-s-o-n.

20 THE CLERK: Thank you.

21 MR. KERSSE: You~ Honor, Deputy Rodriguez has s~e- e

22 back into the courtroom. J won't be .ecalling him. . s c "a.._=

23 to let counsel know if t.heie 's any obj ection to him S1. ::'2S.

24 MR. snow. No ob t ect Lon .

25 MR. BARNETT: No.

26 THE COURT: Therr's no objection at this e.

27 III

28 III

.1

Page 52: The Truth Will Set Me Free

1 mmTT JOHNSON,

2 called as a witness by and on behalf of the People, having been

3 first duly sworn, was examined and testified as follows:

4 DIRECT EXAMINATION

5 BY MR. KERSSE:

6 Q Good morning, deputy.

7 A Good morning.

8 Q What's your occu ation?

9 A I'm a deputy she!:"ifffor Riverside County Sher'::f's

10 Department.

11 Q And how long hav ..you been a deputy sheriff?

12 A Nineteen years.

13 Q And you work at the Jurupa Valley station?

14 A Jurupa Valley station.

15 Q And you work in r.he gang area?

16 A I'm assigned to qangs, yes.

17 Q And I believe th~re's been a stipulation t a" a "re

18 qualified to render an opinion as a gang expert vis-a- is ~-es

19 Side Riva?

20

21

22

23

24

I understand that, yes.

NOW, are you famLliar with West Side Ri a?

Yes, I am.

And how familiar with that?

West Side Riva is the primary Hispanic ga g i e

A

Q

A

Q

A

25 Rubidoux area. And it's the primary gang -- I vo rk 0 t 0::

26 Jurupa station. I'm familiar with them working crimes they've

27 committed, talking to crimR victims, associates of that gang,

28 enemies of that gang. I've talked to police officers that have

42

Page 53: The Truth Will Set Me Free

3

1 investigated that gang, I're talked to DA's that have

2 investigated that gang.

4

5

6 or symbol?

7

8

9

Q And roughly how many gang members do they have?

A Roughly in exess of 150.

Q Do they have a common name or common ide_tifyi g sign

A Yes, they do.

Q What's that?

A The common name is West Side Riva, co 0 S

10 usually is a "W" for west side.

11

12

13 gang.

Q And what's the primary activity of that gang?

A The primary activity of that gang is a cr~ :_~: ~·r~

Protection of their turf, turf protection is t__e~r

14 primary thing. What I'm talking about, taking on ri a_s

16 sure that no other rival gangs can get strong in the~r area.

15 might show up in the community is their primary func _0_ t ..iake

17

18 that gang?

19

20

Q Are committing criminal acts a primary act· ~L

A Yes, they do.

Q And with respect to the investigation by Dete ~~-e

21 Garcia into the carjacking and assault on Jeremiah Buebe, are

22 you familiar with that investigation?

23

24

25

A Yes, I am.

Q How are you familiar with that investigation?

A Initially got a phone call at home from Detecti e

26 Garcia and Detective Knudson asking me to assist them on an

27 interview with Monica. And I came to work -- that was my day

28 off. When I came to work, they filled me in, showed me the

43

:)1

(,'1.i(

Page 54: The Truth Will Set Me Free

Q And you've read all the police reports in this matter?2

1 report and told me what happened.

4 number of them.

8 Garcia? I'm sorry.

3

5

6

7

9

10

A I don't know if I've read them all, but I've read a

Q You've reviewed Deputy Rodriguez's reDort?

A Yes, I have.

Q And the reports written by Je -a~ :..2. e::ect:.·e

A Yes, I have.

Q Now, also, did you assis ....:=::::e::::::::"-.-e ~::=,,::::-::::::"c. '::-'1

11 identifying a person by the na e 0= - - '"; - -:::..:::~~::.._-_::~:-E...

12

13

A Yes, I did.

Q And did yo e

14 had been involved

15 credit card?

16 A

17 Q

18 me e::::-?

~9 -~

2 "'"

2=.. .: ::'':::'8

22 s:

Yes, -- - ----::...=..-= - -_ ------===2:: es:: __ t:: _:. .-a _ CL~g

-,

..:...es -c _

_a e an opinion with respect to the cri es

ase, ',':et er they were committed for, at the benefit

r at:.t'e d:"rection of, or in association with West Side

23 _ :'-.-acr:" .i al street gang?

28 testify to -- as a gang expert.

2S

Yes, I do.

. BARNETT: Objection, Your Honor. There's no26 foundation.

27 MR. KERSSE: I thought we had a stipulation he could

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1

2

3

4

5

THE COURT: I think so, too.

MR. BARNETT: Okay.

THE COURT: The objection is overruled.

(By Mr. Kersse) Whatls that opinion?Q

A My opinion is that this was done for the benefit of

6 the West Side Riva street gang.

7

8

Q

A

And what do you base that on?

My knowledge of the West Side Riva street ga 9 ~s that

for enjoyment and pleasure they commit crimi a~ a ~s,9 they

10 including violent acts. Part of that is to bring you.ge~ J~.g

11 members into the fold so that they have the ability to ac~ as a

12 gang member and to represent the members that use tha g~~g.

I believe based on reading this report there ~~s a~13

14 least five gang members involved in this. They were r~g!:::

15 the middle of the West Side Rivals home turf area.

16 were described as younger and some were older. And it a ea~s

17 to me based on my general knowledge in which gang e ers ~:"··e

18 around there that they are often recruiting younger a.. ~o'~Je~

19 members and teaching them how to be gang members.

20 I base that on the fact that the intervie· L.a::

21 Detective Rodriguez (sic) had with Monica that she a a

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 with -- subsequent interviews ·ith ~c~a~

25 Aldama and Sergio Santana and Juan Morales, who a -e a__

26 documented members of West Side Riva, that they a~ o

27 be at least involved in driving around in the car af tez ~•...:as

28 stolen.

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Page 56: The Truth Will Set Me Free

8 A In the reports I read, they have admitted to being in

1 Q Okay. You've spoken to documented West Side Riva gang

2 members Juan Morales - -

3 A Juan Morales.

4 Q Who was the other person?

5 A Sergio Santana and Richard Aldama.

6 Q And all three of them have admitted to being in the

7 vehicle that was carjacked from Jeremiah Buebe?

9 those, yes.

10

11

12

Q

A

Q

And you have a basis or is that enough?

I believe that's enough.

Okay. Now, let me ask you as well, with yo _ :ew of

13 the police reports and your firsthand knowledge in t is

14 investigation, was the crimes committed with the _ tent to

15 promote, further or assist in criminal cona ct?

16 A Yes.

17 Q And what's the basis 0= th:3 ooinio_?

18 A Basically what I just testi~ied to, to promote the

19 gang is to show that they have the ab~lity to commit any crime

20 that they want to commit, to do anything they want to dOj

21 there's nobody going to stand in between them to do that, so you

22 might as well cooperate with what we want to do, and if you do

23 what we do, you better not get involved in calling law

24 enforcement or else. And that's based on the fact that the

25 crime was committed and the fact that's what they're trying to

26 do is trying to dissuade any type of witness testimony against

27 them.

28 Also, like, I was saying, it appears that there was a

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10

6

1 staggering of age groups in this incident. And bringing younger

2 gangs -- younger gang members into the gang is the life blood of

3 the gang. If the gang grows old and they don't have younger

4 members to take over for them, then the gang disa _ears ~

5 theory.

Q Does it make any difference that the defe_d~_~s ~

7 this case are females and the people who actually :.__==-:. ze ~:e

8 violence upon the people are males?

9 A Not in my opinion, no.

11 members of West Side Riva in order to promote or ass's~ :'2=2eAnd do the defendants in thi.s case actua t y :_a--e eQ

12 furtherance of West Side Riva gang activity?

14 be honest with you.

15 Q You believe they are associa t.es of the gang?16 A Yes, I do.

17 MR. KERSSE: Nothing further.

18 THE COURT: Cross-examination.

19 CROSS-EXAMINATJJN

20 BY MR. SNOW:

13

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No, I don't believe they are members of t at ga=S, -A

Q Do you have any knowledge of Monica Flores e:'=s

involved with West Side Rivas outside this particular . . - ------.:::.--..,.---"'--"""'-'---- •.

A Yes, I do.

Q What knowledge is that?

A At the ti~e of this incident the corner ho SO ;::-~ --26 and Pontiac was occupied by a West Side Riva gang me e~

27 family. Soon after this incident, it became a vacant ~es~~====.28 They moved out. I took her photograph around to the __e:..:::;:- :::-5

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and they told me that they have seen ~er at that house in that

area.

MR. SNOW: I have nothing f~rther, Your Honor.

CROSS-EXAMINATIO

BY MR. BARNETT:

Q Have you ever had any contact with ~ss _'arra e~ore

this case?

A To be honest with you, she's told me that I ~~.

don't recall it.

Q Do you know whether she has any gang affilia

any sort?

A I know that she has family members in the Wes =- e

Riva street gang. That's all I know.

MR. BARNETT: I have no furt:her questions.

THE COURT: Anything else, Mr. Kersse?

MR. KERSSE: Nothing further, Your Honor.

THE COURT: All right. Thank you. Youlre excused,

(Whereupon, the witness left the stand.)

THE COURT: People rest?

MR. KERSSE: People rest.

THE COURT: Any affirmative defense?

MR. SNOW: No, Your Honor.

MR. BARNETT: No affirmative defense at this time.

THE COURT: Does either side wish to be heard?

MR. KERSSE: Submit.

MR. SNOW: Submit.

MR. BARNETT: 11m going to nay that for quite a ·h~=-e

here I didn't even hear Miss Ybarra's name mentioned, and ~~e=

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-~e2 : ~i ally heaid it mentioned, she went along for a ride_

S::::e -':as present.

Seriously, there's nothing to say that she even knew

-.;asgoing to take place, and if there's anything, maybe

the fact she helped use a credit card or something. So I

think there's enough for the 215.

I'll submit.

THE COURT: You want to respond, Mr. Kersse?

MR. KERSSE: No, Your Honor.

THE COURT: All right. It does appear to the Court

that the offenses within complaint number or case number

RIF-99956 have been committed and there'S sufficient cause to

believe that both defendants are guilty thereof.

As to Count I, as to both defendants, violation of

Penal Code section 215, subdivision (a), as a felony, with a

special allegation under Penal Code section 186.22, subdivision

(b), subsection (4), subparagraph (c). As to Count 2, as to

both defendants, violation of Penal Code section 245,

subdivision (a), subsection (1) as a felony, with the same gang

allegation as a special allegation attached thereto. As to

Count 3, as to both defendants, violation of Penal Code section

459 as a felony, again, with the same -- excuse me. As to t is

count it's Penal Code section 186.22, subdivision (b),

subsection (1) as a special allegation.

The defendants will be held to answer therefor. e

date for arraignment is January 23rd, 2002.

49

MR. SNOW: I'm sorry, Your Honor?

MR. BARNETT: January 23rd?

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All right. January 30th.

MR. KERSSE: Thank you, Your Honor.

THE COURT: Department 51. Thank you.

(Proceedings adjourned)

1 THE COURT: Yes.

2 MR. BARNETT: That's seven days.

3 MR. KERSSE: No, it should be two weeks fro today.

4 THE COURT: Oh, I'm sorry. It's Janucry 30 _0' Ire

5 right. r'm looking at the one-week line. r got new 9 asses. I

6 can't see properly.

50

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REPORT-RIS CERTIFICATE

STATE OF CALIFORNIAss.

COUNTY OF RIVERSIDE

I, Shari L. Lefton, Certified Shorthand Reporter

No. 6256, do hereby cert i f v :

That on January 16, 2002, in the County of

Riverside, State of California, I took In shorthand a true and

correct report of the testjmony given and proceedings had in the

above-entitled cause, and that the foregoing is a true and

accurate transcription of my shorthand notes, taken as foresaid,

and is the whole thereof.

DATED: Riverside, California, January 16, 2002.

-(ll.ud w -------~.Shari L. Layton, C.S.R. ~ 6256Official Court ReporterRiversice County Superior Court

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I CONTINUATION SHEET I

Evidence:1. Seven audio cassette tapes of the recorded .i nt erv.i ev -ri, th .on i.c a

Flores & Rosemary Ybarra. Recorded by Garcia booked i.to e~idence atthe Jurupa Valley Station. Bar code # Cjq~~7q

Detai1.s:

On 10-11-01, I was assigned to investigate a past car-jack~.g ~.2~ ~cc~~~edin the area of Pontiac and Pioneer Streets in the unincorporaLed a~ea ofRiverside County known as Rubidoux. The victim was identified as ~e=e. 'ahBuebe. I read the initial report written by Deputy Rodriguez - ~-5-. ~hestolen vehicle was a 2000 Honda 4dr Accord Ca. license plate ~~~S_2~.

The initial report stated that Buebe had met a female tha --as ~cs~L~-elyidentified as Monica Flores. Buebe met Flores through a teleL~o.e 'chat"line on Wednesday, October 3rd. Buebe stated he continued cal :,.._ .: ..~C2 onFriday and Saturday. Buebe said Monica invited him to her _es~~e.ce ~ateSaturday early Sunday morning 10-07-01. Buebe said he picked ~~~~ca a dher friend and Monica directed him to the Rubidoux area.

Through the course of the investigation it was determined t- e az ea ofRubidoux was Pioneer and Pontiac Streets cross of 34th ST.

Buebe was able to provide Deputy Rodriguez theodriguez was ab

andunab

location he oic-ed 'on~cathe addresses of

O~ 10-he

., ....,.1

. 1-.

" Iii ~ _ '. ' ~. I :. ., _'-' _. '.., J

incident.

Buebe told Deputy Rodriguez he believed he was "set-up" by L~e ~e~a:esbecause they did not seem scared or surprised when he was a tac~e~.

On 10-15-01, I spoke to Buebe by telephone regarding Moni~a ~~J:::::-es a.dRosemary Ybarra. I asked Buebe if they screamed for help or ra.. a~,-a~-f romthe scene. Buebe said they did not scream for help or runawa_. 3Je" e saidthe one girl Rosemary stayed in the backseat of his car. Buebe sa~d :'0 ~cawas standing by the driver's door and kept looking up and do~ L' e st~eetas if she was waiting for someone. Buebe said they were in the a~ea to dropoff Rosemary but nobody ever came out of the house. I asked BueDe i= ~e ~asoffered sex with either female. He said no. Buebe had ide.tified o~icaFlores through a photograph which Deputy Rodriguez had located 0 :0-07-01at her residence. Buebe said he remembered Monica's friend ,as Rose aryunknown last name.

On 10-15-01, I responded to 569 Transit and 576 Transit to locate Floresand Ybarra. I could not locate either female, I was told each female hadmoved from their residences to unknown locations. I left a business card.I later received a telephone call from both Flores and Ybarra stating theywould come to the station on 10-16-01 to be interviewed. Neither Flores norYbarra came to the station on 10-16-01 .

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FILE NUMBER

Page Number. 3 _I CONTINUATION SHEET IER 01 280 018

On 10-17-01, I responded to Flores and Ybarra's residences. Flores was nothome but Yparra was at her residence.

I asked Ybarra if she would come to the station to be .i .te.:---::'e'"Yba rraagreed. Prior to arriving at the station, I had Ybarra shov Del:ecc:.-:eBrownand me the area in which the car-j acking and assaul L occ rred , Sheidentified the area of 34th ST., Pioneer and Pont':'aci ~ b':'do~x.~t theJurupa Valley Station, I told Ybarra she was not' de::-arres~. ~~a::-::-asaidshe understood.

I asked Ybarra if she remembered getti.g a ride toJeremiah (Buebe). Ybarra said she xa s o: the t.ele . rie a 'I: ~·'o.=-Cd'S ~ ou sewhen Jeremiah arrived late Sat r-day .=-~:.-earLy :.:~ a::'moz n.;..~. '':l::::a::-::-asaidshe asked Monica to ask Jeremia' for a r':''e to l:~e cit::·0:: ?':'a::":: . :-e::-e .•u ahagreed. Ybarra said onica did not; '.,ra~tLO be a or e r,.;=-L _ ":;e::-e::::"a~-: s t.h eywere going to Rubidoux first to =-c~ a.ot:e::- o~e o~ Xo::=-ca'sgirlfriends. I showed Ybarra a photogra

k• 0:: L.OL':'ca~::"ores. ::e.:.c.e::-':'::ied

Flores as being the onica she was .it' the .=-g~.La:: -:::'eassaui t; onJeremiah.

Ybarra said they drove on Pioneer St. near 34t and dropped ~o.=-ca 0:::: atthe corner. Ybarra said she stayed in the backseat, Yba r.ra sei.d they(Jeremiah) drove around the block and then picked on::'ca'p aJa':'-. :Darrasaid Monica told him (Jeremiah) to park the car on Pontiac ST. a L~e1 allwere smoking a cigarette. Ybarra said she was outside of the car --hen theHispanic males walked up to the "whi te,foo~( Jeremiah) and started -l-:"ttinghfm. Ybarra sald she walked away at that point and did not want to getinvq;Lve~:..I".~.~sk.edYbarra if.~,?e rec~~f'of th'e Hisp~nic mal.€s thatatt'ke~~:@emlah Buebe. Yba'rra sal~' she di.d not r-ecoqn i z e any 0:: t.heindividuals. Ybarra said she walked ,9..~..9..Y__t.Q .._<;l.__ ,12ayp_hon,e..c:indgot a ride toFontana. 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 statedthat she walked away from the scene. I asked Ybarra if the Hispanic maleswere her friends. Ybarra said, "they didn't come up to me, they talked toMonica so you need to ask her." I gave Ybarra a ride home after theinterview.

On Thursday 10-18-01, I received a call from Monica Flores stating that shewould come in for an interview on Friday 10-19-01. I made arrangements thatI would pick her up on Friday morning 0830 hours to be interviewed.

On Friday 10-19-01 at about 08Monica Flores from her residenceof Riverside County known as Hig groarrest and the interview was voluntary.

Detective Knudson and I pickedin the unincorporated area

d Flores she was not underFlores told me she understood.

Prior to arriving at the Jurupa Valley Station, we had Flores show the areain which the assault took place in Rubidoux. Flores had us drive to thearea of Pontiac, Pioneer, 34~ and 36th streets.

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50

ER 01 280 018 Page Number. 4 _I CONTINUATION SHEET I

Flores told us they (Jeremiah & Ybarra) drove south bound on Pioneer andshe was dropped off. Flores said Jeremiah and Ybarra drove around the blockand picked her up again near the same spot she was drop ed of=. F oresshowed us that they drove east bound from Pioneer on 36th S_ .. 2. so ~~ onPontiac ST. She said Jeremiah parked on Pontiac ST. in fro ..t 0= 3628Pontiac.

I asked Flores how she was sure of the location. Flores said bec2'se sheremembered the Ford Expedition parked just north of where .~.e~' a~)ced.Flores said in this location is where the assault took place. ~'e ~ ..:::'..uedto the Jurupa Station.

Flores admitted that she was with Jeremiah and Ybarra in his .~ac: =ourdoor 2000 Honda. Flores said she had been talking with Jeremia. 2..- :'sfriend Danny since Wednesday of that week. Monica said she met Jere ~a~ onthe 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. "ahbecause she did not want to be with him (intimate). Flores de ie £.ry·ingwhere the girls lived; just somewhere on the street. Flores sai s~e 0 lyknew of one boy in the area and he was in juvenile hall.

During the interview Flores was evasive and would not answer a~~ •...~equestions I asked her. Flores denied knowing any person(s) in the are2 t atshe showed us. I asked Flores if she was affiliated with a stree •...gangwhich 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 shewalked away from the area to a Circle K store. I asked Flores if she ca~ edlaw enforcement about the assault. Flores said no. I told Flores t-iac s'edid not seem truthful about what occurred.

We concluded the interview, while Detective Knudson and I were zi. ingFlores back to her residence, I told her I was going to co. : ueinvestigating the crime until I found out the trtith. As we parked i. frontof 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.-~onto continue talkingabout her statement. Flores continued saying, "I'll admit to what I did andthat 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 tocome 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 wasbringing a friend. Flores said she was going to get Jeremiah/s car e en ifshe had to assault him w~th a deadly weapon. Flores said she cal:ed herHomies in Westside Riva and told her she was going to drive by t e~r houseand she would give them a signal by waving her hand.

Flores said when Jeremiah and Ybarra dropped her off on Pio.ee~ shewalked north and met her "Homies". Flores said she told them s:e -e~e_'ahwas alone. She planned to have Jeremiah park on Pontiac. F'Loz es saidJeremiah 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~ onPontiac ST. Flores said she asked Jeremiah for a cigarette and s:e ex~ edhis car. She said Jeremiah was sitting in driverls seat and she s~o _earthe door. Flores said she could hear her "Homies" approaching and atte~ oedto 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_.-:eassault 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" erpants. 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~ealincluding 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. ~: ~essaid 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~da 7-11 store finally kept the card and would not give it back t, _.e~.Flores said at one point she used Roserna ry ' s identification to -~c"_aseitems.

Flores said everybody in the car all entered the stores when s e ~se~ ~__ecredi t cards. Flores said there was a total_s_l_"x__ g_~ysassault I eight including her and Rosemary.

Ln vo Lve d ~,_

Flores said she convinced Ybarra to be involved in the car jacki b-~ s..edid not want;... to go initially. Flores said she did not want a y s: nerlittle Homies to get in troUble because she set the car jacking

I asked Flores several times for the names of her accomplices -t scerefused to give any names. She said her ex-boyfriend was involved I - .a-eidentified him as "Little One" Westside Riva. The case is contin i_g tolocate the other suspects.

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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Evide ce:23~56

7 2.89

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~e nS surveillance tape, recorded at 16880 Slo er -e., -r _e ~.S re. Detect ive Garcia recovered the tape. The taj e S:. ·.';8 s...:.s_eccrlores, Ybarra and two other unknown accomplices. BOOKee ·dence at the Jurupa Valley bar code # 0398281, date- 0 transactions receipts from 16880 Slover Ave. Circ e =, ?~ resis seen signing the receipts on the surveillance tape/- ~ -erecording. The receipts # 054317 $20.96 and # 055048 $3 .6=..-'·erecollected by Garcia, booked into evidence at the Jurupa --a~~eStation bar code # 045330~. Dated 10-08-01.

3. One VHS surveillance tape, recorded at 45-200 Portola ..-e., ~r:::~eK Store, in the city of Palm Desert. The tape shows s ?~orespurchasing items with an unknown Hispanic accomplice. a e ="0- 7-01. Bar code 0398281. CSO Haas recovered the VHS tape. Boo~einto evidence at the Jurupa Valley Station by Garcia.

4. Two transaction receipts from 45-200 Portola Ave., Circ ere,in the city of Palm Desert. The receipt # 065727 amounts 2 .9and receipt # 065843 amounts $21.45, both were dated on _0- 7- .CSO Haas recovered the receipts. Booked into evidence at t eJurupa Valley, bar code 0398282.

5. One VHS surveillance tape, recorded at 40-100 Washingto .:~.,Circle K Store in Bermuda Dunes. Dated 10-07-01. Collected bDeputy Darascavage ID 2629, booked into evidence at the J aValley Station bar code # 0398281

6. One transaction receipt from 40-100 Washington Ave., Circ e .Store in Bermuda Dunes. The receipts # 080709 amount $24.9~. -~ereceipt 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 carj acki 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~ =~ecourse of the investigation suspect Monica Flores was arrested for se ::':'._9up 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::1credit cards from the victim. I contacted Buebe and the Armed Forces 3ar~N.A. in Fort Irwin. Buebe sent me the information regarding i.is 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 Scoreshad transactions with Buebe's stolen credit card.

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1 Two purchases were done at 16880 Slover Ave., Circle K Store ~n the city2 of For tana. One purchase was for 20.96 dollars t.r-ans ac t i or 054317 and3 the ot er was for 37.61 transaction # 055048. Both of t'~se tra..sact~o. s4 were dated on 10-08-01.56 On October 24, 2001, I responded to the location of 1688 S~ ·er e.,7 Circle K Store. I made contact with the store manager K. ~~ ~e -'0 d8 Tilley that I needed to view the surveillance tapes from -0 - _, ear y9 morning hours. Tilley allowed me to view the tapes, on the ~a_ es = ee:»

10 suspect Monica Flores, Rosemary Ybarra, unknown Hispanic male snave - :ead11 wearing a sport jersey wi th number nine and another unknoi...-:! ::':'sa.ii c12 female. The suspects were all getting items from the store. _ a~~a a..d13 Flores both stand at the cash register during the t ransac t Lon . =~cres14 actually produced the stolen credit card at the time of P rchase a d15 signed the receipts.1617 On October 24, 2001, I contacted our dispatch center and had a .._. - =.y..

18 our Indio Station respond to 40100 Washington Ave., Bermuda ~·~es. ~"~s19 store was identified as one of the locations where Buebe's s 0 e..crea:.t20 card was used. Deputy Darascavage ID 2629 responded to the C~r ~e . a2'21 recovered the transaction receipt # 080709 $24.94 and the VHS s ~c~~~~~ce22 tape. I viewed the surveillance tape but did not observe Flores ~ a2Y23 other suspect on the tape. Though I did not observe the transac~~ 2 cc ~24 on the videotape, it did occur based on information I received =r ~ ~rc~e25 K/Phillips 66 Credit Card Fraud Division.2627 On October 25, 2001, I contacted Sheriff's Community Officer Haas = .'26S928 and had her respond to 45-200 Portola Ave. in Palm Desert. The C~~ ~e ~29 store had been identified as one of the stores that Buebe's sto_e~ ~~ec:.~30 card was used. CSO Haas ID N2659 responded to the location a.d ~e:::~:.e·.·eQ31 two transaction receipts # 065727 amount $21.45 dollars and,... rsa';332 amount $27.90 dollars. Both of these transactions were dated o. - /- ~.3334 I viewed the VHS tape from 45-200 Portola Ave. Circle K St.oze . _ sa",;35 suspect Flores and an unknown Hispanic male wearing a sports j erae ",::.:::c:36 the number nine. The Hispanic male was the same subj ect in t"e '.:,"eo,37 which I observed in Fontana, dated on 10 -07-01. Flores is see.. :.:::::c:e38 video purchasing items and signing the receipts at the cash reg~s-e~.3940 On October 31, 2001, Detective Knudson and I responded to 576 r~!s~:::41 in the unincorporated area of Riverside County known as h~g:2g~~)".·e.42 Rosemary Ybarra had made arrangements to meet me on October 30, L- s~e43 did respond to the Jurupa Valley Station. Ybarra left a message s~a~~::s44 she was not going to make the appointment.4546

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23

_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

56789

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Ybarra her Mirandaand said, "I'm justfurther questions.

Rights per my card. '!' arra sa.icgoing to remain quiet II , .:.~ :: ::.

a visedderstood

Ybarra any

s' 0

as;(

I left the interview room to fill outbooking process. At about 0840 hours,wanted to tell her side of the story,

the appropriate pape~ ~ ~Detective Knudson sa:'-

I spoke to Ybarra and told her that if she wanted to speak to ::-,e::::-eca::::-c.'::'__gthe incident I would have to read her Miranda Rights again. = c.s:_ec.-"'-::""2.::::-::::-aif that's what she wanted to do. Ybarra said "yes". I rea - -"'--"::;2.::::-::::-2.::erMiranda 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~eleft the area after the assaul t in the stolen car. Ybarra sai i, ---e!i.,::.:_ecar pulled up to me and I got in the same seat I arrived t_ere .::.=::::-earpassenger seat ? • I asked Ybarra who was driving the car. _ ar-::::-a52.':'0Monica 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.::'0purchase 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'::'-eJail. 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':'=5-the Monica Flores and Rosemary Ybarra. Flores is currently in-coos::.~. -~the Riverside County Jail.

3536 F rther investigative work is required to identify the other s s ec::.s37 the surveillance videos.3839404142434445 CASE STATUS: Arrest Inv. R. Garcia #1399

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REPORT MADE BY: Lutz I DATE: 12110/01 I CHARGE: 215 PC I FILE NO. RIF099956

RIVERSIDE COUNTY DISTRICT ATTORNEY

BUREAU OF INVESTIGATION

INVESTIGATOR'S REPORT

WITNESS: <>COMPLAINANT: < >DEFENDAl"fT: FLORES, Monica et alVICTIM: <>

On December 6, 2001 I conducted an interview with co-defendant/subject RICHARD ALD MA at Ri ersideCounty Ju enile Hall. The interview was taped-recorded. Aldama was advised of his Miranda rights and statedthe folIo ring:

He first met defendant Flores approximately one week prior to the incident. They met at a mutual acquaintance'shouse. That would be Reynaldo Morales at his home in the Avalon Trailer Park in Rubidoux. On this occasionFlores told Aldama that she had a car. Aldama and Flores agreed to meet again at Morale's home at 0700 on anunknown day the following week so that Flores could drive Aldama to a cemetery in Los Angeles for Aldama tovisit his grandmother's grave.

Aldama went to Morales' home at the appointed time and met Flores. Rosemary was with her. Aldama as umedthe car she was driving, a black Honda, was hers. Instead of going to visit his grandmother's grave, they drove tothe 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. Hethought they belonged to Flores.

Aldama admits being the person photographed on the security video at the Circle K in Fontana.

228-28

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BUREAU OF INVESTIGATION

lUVEl{SIDE COU ') Y DISTRICT ATTaR EY

INVESTIG. ~TOR'S REPORT

I_RE_P---.:..O_R_T_1\_1_A_D_E_B_Y_:_L_ut_z_------l_D_A_T_E_:---=-12__1_10__/0__1-,-- ] CHAR G I~: 215 PCDEFENDANT: FLORES, Monica ct al \)MPLAfNANT: < >\ ITNESS: < > iCTIM: < >

I HLE NO. RIF 999-6

I first focused attention on this location aft.cr I conductc .m interview with co-defendant/subject Richard. damain Juvenile Hall on December 61h

. 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

On December 13,2001 the Honorable J. Thoufour locations related to this investigation.

Further investigation determined that Morales had a gali . moniker of "Vcnado" and was a documented IT:.mbcr 0'-

West Side Riva criminal street gang. Morales also close fit the dcsci ipiion of suspect # 1 in the Carjac .' ng rc 0

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 1was Sergio Santana. Santana, a documented West Side; :'(1 gang member, had an outstanding felony \ ar211 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 . irt were found banging in a closet. These -..: .~

clothing match the description of the clothing worn 1 'suspect # 1 as per the victim of the C ~-:Y ::--• A semi-automatic Jennings .22 caliber pistol next to' loaded magazine in a cigar box in a drc er ,~-ir.n.~.~r

Also in the box was a latex glove. Morales' wallet n .1 other items 01" identification were I catcedrav cr. The pistol shows registered to an individual; Corona and whether the gun is 5[0 ~•. _

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'sexc usivel . by competitive skeet shooters in that it is. to t e id mity of the owner is ongoing at this time.

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. Photographs were taken or gang gra!liti displayed \)11 .ncexterior of the home as well.

Morales and Santana were transported to Jurupa Station. Morales was advised of his Miranda rights andinterviewed. 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 telephonesince Aldama was arrested and placed in: uvenile Hall. He stated that Aldama was picked up "by two girls" at hishorne. Opposed to Aldama, Morales stat:d it was during the nighttime. Initially Morales claimed he was unableto describe the car or ihc girls in that he actually didn't see them. Then he did see the car and girI~, but only sawthem from a distance. Then be claimed ti rat he got to within a few feet at" the car and girls. At this point 1deceived Morales and told him his fingci . .rints and hair bad been located in the car. He changed his story againand admitted to riding in the back seat 0' :he car, but not going anywhere. I told him that his fingerprints werefound on the car's dash. Morales then ":! membered" thai "he loves music and music loves him" so he wasreaching over from the back scat to the I «nt in order to adjust the radio. Morales' statements became even moreinconsistent after that point. During the interview he admitted that the .22 pistol recovered from the dresserdrawer was his. He claimed that the pistol didn't function properly-that he'd attempted to fire it inside his homeand it would jam after the first shot. Mornlcs stated he bought the gun from someone about a week prior, butwouldn'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 hisMiranda 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' homeabout a week prior to when he saw Flores and Ybarra show up ill a black -l-door car. Flores "wanted to be withhim" at that party, but he turned her down because "she's dirty." Flores and Ybarra arrived at Morales' during thenighttime in the black car. He "heard that someone got beat down and the car was taken [rom him," but Santanadenied being present when that "someone was beat down," when the car was crashed and abandoned, and deniedever getting into the car. He identified a photograph of Richard Aldama as being "his friend Richard." Santanawas deceived as Morales had been and told that his fingerprints were discovered in the car. Santana then admittedthat he'd lied and actually did ride in the car that night, but that he only "got a ride home from Vcnados." He saidFlores and Ybarra drove him to his residence on Tilton St. in Rubidoux. No one else was in the car.

28-28 2

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Details:

On Tuesday 112701, I \y partner Deputy Jesse Martinez and 1 arrested RichardAldama. Aldama was wanted for a violation of probation warrant. He was also wantedfor questioning in a carjackin., investigation.

Detective Ron Garcia was investigating this carjacking and we brought Aldama tothe station for Oct. Garcia to interview. Oct. Garcia told me that Aldama said that he wasnot 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 thecarjacking. Det. Garcia asked that I contact Morales and ~about the carjackingand 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 .lurupaValley Station. I know that Kichard Aldama is a member of the "Wcstside Riva" streetgang. 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 dozensof contacts with Juan Morales over the past several years. I have often found himassociating with young "Westside Riva" street gang members and associates. During thepast 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 hisresidence. There were several "Westside Riva" street gang members and associatespresent at this residence. Deputy Martinez stayed with these other people, while 1 tookMorales to the front of his residence.

I told Iorales that I arrested his friend Richard today. Morales said, "yeah, Ibeard. I sai I that Richard's name came up during an investigation and Richard said that

orales coul verify wbere Richard was during the crime being investigated. Moralessaid, " -eah 1e was with me."

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 thiscrime. 0 clcs said, 'I don't know, I don't remember." I asked him if they were inRubidoux or out of town at the time of this crime, he said, I don't know, I don'tremember.' I asked him if there was anyone else with them at the time of this crime, "hesaid, I don't know I don t remember." I asked him how long ago the crime wascommitted, and be said "I don't know, I don't remember." I asked him if it was duringthe day time or night time he said, 1 don't know, I don't remember." I said, "but you arecertain 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 afemale visited around the time of tbis carjacking. He said, "Girls are always coming overhere." I asked him if he knew a "Monica" and he said, "no." I asked him if a femalebrought over a stolen car to his house that was taken in this carjacking, he said, "I don't

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know, I don't remember." I ask cd him if some me brought a black Honda Accord to hishouse at the time of the carjacking, he said, "J lou't know, I don't remember." I askedhim if Richard left with a female in the stolen :lr. he said, "I don't know, I don'tremember." I asked him if Ricl.ard left with <1 cmale in a black Honda Accord, he said, Idon't know, 1 dun 't remember. 1 asked him wl .ti he remembered about the Lime Richardwas 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 severalminutes. Morales had returned with me, he sai L " I know about the carjacking, becauseeverybody had been talking about it and sayinr they are being hassled by you for it." Afew moments later he said, "you know how it': like here J01111S011, Richard was here andthen he was gone, I don't know where he wen: ')1' who he left with."

Deputy Martinez and 1 left shortly after [his last statement.

Status: Opn eE2

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File umberER01280018

Continuation Sheet P~H!e of 13

Buebe said the five unknown Hispanic males approached his vehicle. and he waspulled out of the front driver's seat. He saw one of suspects holding what appeared 0 bea 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 vayfrom where his black four door 2000 Honda Accord (Lie. 4TAS024) was parked.

As he was running away from the suspects, he remembered being chased . a-least four of the Hispanic males. Buebe then felt a tremendous pain to the ba k of hishead. Buebe fell to the ground, and was surrounded by the suspects. Because of thethat Buebe was in, he could not remember what the suspects were saying to him. Hestood up and ran away from the scene. Bueee said he heard his vehicle being tu ebut 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 oldhim 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 erfemale friend never ran away from the scene. He also mentioned that Monica did noappear 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 thefollowing: 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 followeBuebe 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 numerousindividuals, he met a female who orig a y 1 . led erself as "Maria." "Maria"provided Buebe with her telephone number Buebe then called "Maria" onThursday, 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, onFriday and Saturday.

Buebe told Monica he was currently in the U.S. Army and was stationed inHe 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 toget to know each other better. Buebz said Monica provided him with driving directions

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File NumberER01280018

Continuation Sheet Page 9 of 13

to an unknown address in the unincorporated area of Highgrove. Buebe said he plannedto meet Monica on Sunday, October 07,2001, about 0100 hours.

Buebe said he remembered exiting the "91 Freeway" at Center Street inHighgrove. 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 Heturned right on the first street, past the railroad tracks (Transient). He drove his cartowards the end of the street, until he saw a Hispanic female walking past a gatedresidence. The female introduced herself to Buebe as Monica.

Monica told Buebe she was uncomfortable being alone with him, and asked him ifit was "O.K." to have a friend join them. Buebe agreed. Buebe said he could notremember Monica's friends name, but did describe her as: A Hispanic female;approximately 5'11; 340 pounds; brown hair with blond streaks; could not rememberclothing description.

Buebe said that within a few minutes, Monica asked him if he would drive herfriend to another friend's residence, in the area of Rubidoux. Buebe agreed, and began todrive towards Rubidoux. Buebe said he could not remember speaking to Monica or herfriend 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 unknownstreet. Buebe remembered there was a large dirt field on the comer of the street. Bueberemembered 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 acigarette. Monica exited the front passenger seat, and walked around the front of thevehicle, towards Buebe. Buebe also provided Monica with a cigarette.

Buebe said the three of them remained in the immediate area speaking. Buebesaid that Monica's friend never attempted to exit from the rear of his vehicle. Buebe saida Hispanic male (Susp. #01) walked towards the driver's side of his car. Suspect #01started yelling at Buebe, in what he perceived to .. anish. The only word heunderstood was "Holmes." Buebe described Su:sp~' '#01 as: Hispanic Male; 5' 10-5' 11in height; 16-17 years old; medium built; blue beanie; and a blue/multicolored pendeltonshirt. Buebe said he knew something was not right. He attempted to start his car, anddrive away. Suspect #01 grabbed Buebe by his left arm and attempted to drag him out ofthe car. Buebe was unable to start his car. Buebe looked in his rear view mirror, and sawfou:f'fndividuals running towards his car.

Buebe stepped outside his vehicle, and shouted, ''I'm not a gang member." Thefour suspects stopped near Buebe's location. Buebe said he immediately noticed that oneof the four suspects held a tire iron in their right hand. Buebe could only describe the

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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 askewhat her telephone number was to her residence. Gutierrez responded withThis was the same telephone number Buebe had used to call Monica. Gutierrez was notable to provide me with any additional information.

File umberER01280018

Continuation Sheet Page 10 of 13

four suspects as being Hispanic males, average weight, and average height. He said hewas too scared to notice anything specific about the four individuals.

The events which were described by Buebe in the beginning of this report. waswhat 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 130pounds; 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 ehiclewas equipped with a Lo-Jack anti-theft system. I had Deputy Triputra (Oth.) contactCLETS, and have the vehicle entered as a "Stolen Carjacked" vehicle. CLETS wasnotified 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. Iasked him if he was able to show me where Monica's residence was located. Buebeagreed to show me, the exact same route he drove to meet Monica. We arrived onTransient A venue, in the unincorporated area of Highgrove. Idrove Buebe passed all theresidences on Transient, until he saw the house where Monica had come from. Theresidence 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 identifiedherself as Cecil a Gutierrez (Oth.) Gutierrez told me she had two daughters by the namesof Priscilla and Monica Flores. Inside the residence was Priscilla, her child, her babyfather 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 0100hours. She did not know where Monica went, or with who. She also added that Monicadid 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 ofcontacting her. Iasked her if she had a friend who was heavy set. Gutierrez said she hada friend named Rosemary Ybarra who lived She said Gutierrezis over 250 pounds, and tall.

As I walked through the Gutierrez residence looking for Monica, I noticed apicture frame. Gutierrez told me the pictures depicted Priscilla and Monica. I told

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File NumberER01280018

Continuation Sheet Page 11 of 13

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 intheir residence. They each denied seeing Monica earlier in the day, and said the hadbeen at the residence all day and night.

An in-field line up was conducted with Christian, Dorian, and Priscella. Previousto the line up, I read Buebe an in-field admonishment. Buebe told me he understood theadmonishment. 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. Ishowed Buebe the picture frame. He immediately pointed to the picture, which was onthe right side, and said, "That's Monica." I asked him if he was sure. He said, "That'sthe 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 frontdoor. 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 notknow if they were accompanied by anyone else. Hernandez said that Rosemary currentlworks for the city of San Bernardino, as a filing clerk. Hernandez said she drivesRosemary four days out of the week, to San Bernardino City Hall. During a search ofRosemary'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 wasin trouble with the law in the past, but did not believe Rosemary was capable ofcommitting anything now.

• •. .. . - -

Inside the residence was Sotero Astroga (Oth.) He told me was at a dinner partyearlier in the night. He also added that he was on probation. Astroga agreed toparticipate in the in-field line up. Buebe could not identify Astroga as being one of thesuspects involved in his assault.

I drove Buebe back to the Rubidoux area, so that I can attempt to establish wherethe crime scene began. Buebe directed me to the area of Pioneer Avenue, as P9ssiblbeing the area where his vehicle and his assault took place. There was an empty '.~ ldon the West Side of the street. This was the main reason Buebe believed Pioneer Avenuewas where he stopped his vehicle. However, Buebe could not show me exactly where hisvehicle was parked.

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File NumberER01280018

Continuation Sheet Page 12 of 13

Buebe desires prosecution in this case and is willing to testify in court. Buebesaid 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 hifacial features for the purpose of conducting a sketch.

All the individuals who were contacted on Transient Avenue were advised aboutthe current investigation dealing with Monica and Rosemary. They were all notified tocontact 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 merelyneeded to be interviewed.

This case will be submitted to the Detective Bureau of the Jurupa Station, so afurther investigation can be conducted to determine the rolls that Rosemary and Monicaplayed in the carjacking and assault of Buebe.

Status:

Open/CE-2

- ,.;, : .

~. .. .

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I INCIDENT REPORTRIVERSIDE COUNTY ~RIFF ~I

o

12. OFFE 'SES - ;:;Q:JE ScCTIO (Add or Chane~ (0)/

(Arid or Change co)

CRIME

15. REF DIST. 6. OCCURRED 0

VICTIM - REPORTING PARTY - WITNESS - OTHER:..)}tiYlo,22 LE (Last. First. Middle)

fStt;;~'. Buebe, Jeremiah (p.B.)32. RES!D CE ADDRESS

CITY ZIP34. BUSh ESS ADDRESS

;ni0~37.I\AME (Last, FU"St,Middle)

CITY ZIP 48. RES. P--O'-"::47. RESIDENCE ADDRESS

49. BUSINESS ADDRESS ZIP 50.6JS. P-::;'.:CITY

SUSPECT: 0 Adult ~Juvenlle DParole

VEHICLE:

:tsi:JS# 52. NAME (Last, First. Middle)::I$;g;~; Aldama, Richard OI'J£15M.o

ZIP

62. DRIVERS LICENSE NUMBER/ID NUMBER 63 STAT 64. SOCIAL SECURITY NUMBER

67. RESIDENCE ADDRESS'7 y [( L.y P tLE.>5 A " e: '

CITY' ZIP69. BUSINESS ADDRESS

Within Dept.JUVENILE DISPDSmON; [ 1 Other Juris. ( 1 Juv. Crt Prob. [ J Detained7'.

72 GANG DATA

Gang ame(s): Westside Riva

GJ Member D ~ssoclate [XlSelf Admit 0 Prior Knowledge

TATTOOS/SCARS/MARKSFace 0 Ned< 0 R.Arm D L.Arm DHand 0 Torso DBack D Legs

64. OTHER IDENTIFIERS82. COLOR/COLOR

CITY STATE ZIP 88. PHONE86. REGISTERED OWNER

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~ ~"-. ~ _ FJL~ NUMBER

ER 01 280 018~~----------------~

I CONTINUATION·SHEET I Page Number: 2

1234567B9

10111213141516171819202122232425262728293031323334353637383940414243444546

Evidence: one audio-cassette tape of interview with Richard dama,recorded at Jurupa Valley Station, booked into evidence by Garcia.

Details:

.During the carjacking investigation of Vi ctim Buebe {10-07-0 it was'Siiscoveredthat suspect Monica Flores an Rosemary ybarra had used Buebe'sstolen credit card. I obtained a video surveillance tape from t'e CircleK store located at 16880 Slover Ave. in the city of Fa. ana. Thesurveillance tape, which was dated 10-08-01, showed Flores and Ybarra/along with an unknown female and an unknown male accomplice.

/I asked the Gang Deputies Johnson and Martinez to view the tape with eto assist me in identifying the unknown accomplices. After viewing thetape, £eputy Johnson and Martinez believed the unknown Hispanic ma e topossibly be a Westside gang member Richard Aldama.

Aldama whereabouts were unknown because he had violation of pr bat ionwarrant for his arrest.

On November 27, 2001, Deputy Johnson and Martinez arres •...ed Ricr:.ar'A:damafor the outstanding warrant. Aldama was brought to Jurupa a__e: ~a~'onat my request for questioning regarding the videotape. aQv~sec Aldamahis Miranda Rights per my card. Aldama said he understoo ~~s r~g~ts andwould 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 wasin a black Honda. Aldama said, "yes". Aldama said he COli d !:ot rememberthe 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 shehad just gotten the car. Aldama said he did not ask Monica ~ly questionsabout 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 saidMonica 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 didnot know the Honda was stolen. Aldama said he was ~ t ~~'o~ved in anycarjacking.

that I knew they had gone to LA b t ::..eAldama said they went to _ .d~o to piCK

I told Aldamaother places.girlfriends.

~a a so gone tol:? o....e of Flores'

I told Aldama I saw his photo in the viceo s'rveil a.ce tape.Aldama a still photo made from the s rvei la~ce tape. A.:.damaarecognizing himself in the picture.

I showeditted to

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I CONTINUATION SHEET I Page Number: 3

1 Aldama said Monica told him to get whatever he wanted from the Circle K2 and she would buy it for him. Aldama said the credi~ card be o.ged to3 Monica. Aldama said he did not know the credit card was sto e .4:

5 Aldama said to contact his friend Juan Morales and he wo d ver~fy that6 Monica Flores picked him up from Morales' trailer.78 I asked Aldama how he knew Flores. Aldama said he met Flores about one9 week prior to being picked up by her in the black Honda. A da a said he

10 talked to Monica about 10:00 P.M. and they made arrangements for him to11 be picked up that morning.1213 Aldama admitted to riding in the black Honda driven by Monica Flores but14 denied having any knowledge that the car was stolen.1516 Aldama was transported to Juvenile Hall and booked for his V.O.P. warra t .

171819 No further details.2021222324 CASE STATUS: Arrest Inv. R. Garcia # 399

,

,

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'-'

Details:

On Tuesday 112701, my partner Deputy Jesse Martinez and I arres ed RichardAldama. Aldama was wanted for a violation of probation warrant. He was also wantedfor questioning in a carjacking investigation.

Detective Ron Garcia was investigating this carjacking and we brought dama tothe station for Det. Garcia to interview. Det. Garcia told me that Aldama said that he wasnot 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 thecarjacking. Det. Garcia asked that I contact Morales and ask him about the carjackingand if Aldama was with him during the time of the carjacking.

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 afemale visited around the time of this carjacking. He said, "Girls are always coming overhere." I asked him if he knew a "Monica" and he said, "no." I asked him if a femalebrought over a stolen car to his bouse that was taken in this carjacking, he said, '1don't

I am assigned to work gangs for the Sheriffs dept., and I work out ofthe JurupaValley Station. I know that Richard Aldama is a member ofthe "Westside Riva" streetgang. 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 dozensof contacts with Juan Morales over the past several years. I have often found himassociating with young "Westside Riva" street gang members and associates. During thepast 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>hisresidence. There were several "Westside Riva" street gang members and associat espresent at this residence. Deputy Martinez stayed with these other people, while I kMorales to the front of his residence.

I told Morales that I arrested his friend Richard today. Morales said, 'Yeah, Iheard." I said that Richard's name came up during an investigation and Richard sai taarMorales could verify where Richard was during the crime being in es .ga ed. _1> .essaid, "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-' zcrime. 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'tremember." I asked him if there was anyone else with them at the time of this crime, "hesaid, I don't know, I don't remember." I asked him how long ago the crime wascommitted, and he said, "I don't know, I don't remember." I asked him ifit was duringthe day time or night time, he said, I don't know, I don't remember." I said, "but you arecertain that Richard was with you during this crime, he said "yeah."

--

Page 83: The Truth Will Set Me Free

--

"L "'.

know, I don't remember." I asked him if someone brought a black Honda Accord to hishouse at the time of the carjacking, he said, "I don't know, I don't remember." I askedhim if Richard left with a female in the stolen car, he said, "1 don't know, I don'tremember." Iasked him if Richard left with a female in a black Honda Accord, he sai Idon't know, Idon't remember. Iasked him what he remembered about the time Richarwas with him when this carjacking occurred, he said, "nothing."

Ithen returned to Deputy Martinez and the others. Italked with them for se 'eminutes. Morales had returned with me, he said, "I know about the carjacking, 'beca eeverybody had been talking about it and saying they are being hassled by you for i ."Afew 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

Page 84: The Truth Will Set Me Free

!.- _..-

DATE PR~PARED: ~-() \ OJ 0 ~INCIDENT REPORT o INITIAL SUPPLEMENTALRIVER3IDE COUNTY SHERJFF CA0330000

COUNTS

11. fOP O::lDE.0. OFFeNsES- CODE S~CTION (Aci1 or C",,"9" III COUNTSCR.ME

7.";"'" ARR

'2. OFFeNSES - CODE SECTION (Add 0' Chilnge I:» CRIMe COUWTS

14. LOCATION OF OCCURR~CE 16. OCOJAR£DON-15. REP. OIST • DATE I l1ME

• O. BUSINESS NAME 19. BIJSI'oIESS PHONE

VICTIM - REPORTING PARTY - WITNESS - OTHER: o See Additional Persons RePort~~~~~~~~-------------------------..~-r-~~~--~~Lc ,.J

~'. WSINESS ADDRESS

41. RESIOENCE .•••OORESS

Ag, BUSINESS ADD~ESS OTY ZIP OO.BU&'PH::>NE

SUSPECT: o Adult 0 Juvenile o Parole

j~!~ll;i.:52. NAME IL"l FWl ~.)

:.:.:::::.:::::}:.'.:;:.:.::62.. DRIVER'S UCENSE NU~ IIC NUM3EA 64. Sl)OAJ... SECURITY NLM3CR

87. RESIDENCEADORESS

6~. BUSINESS AODAESS OTY ZIP 70. BUS. P><lNE

Gang Name(s):

71. [ ) O!l1er Juris. [ ) ) Delained [J 01Detai edJUVENILE DISPOSITION: [ ) Juv.CI1. Prob.72. GANG DATA TA TTOOS I SCARS I MARKS / CLOTHING DESCRIPTION

o Member o Assodate DSe~Admit

TATTOOS/SCARS/MARKS

o Face 0 Neck OR.Arm OLArm 0 Hands OTorso DBad< 0 Legs

VEHICLE: o REFER TO CHP 180 FORM FOR STOLEN, RECOVERED, TOWED OR IMPOUNDED

ji~;.I[~:175.UCENSE

02. COlo;>JOOLO;; H OTHER 'OE>o"TlFIEFiS 00. DISPO SnoN OF Vt>11Cl.E

66. REGISTCRED O'M-:ER STATE ZIP 00. P+-ONE

o

'3. EDPo)OE

.c •••

Page 85: The Truth Will Set Me Free

ER01280018 CONTINUATION SHEET PAGE-.Z

DETAILS:

On Tuesday October 9, 2001 at approx. 1020 hrs., I was dispatched to [he vlobile GasStation located at ., in the unincorporated area of Ri verside Coknown as Rubidoux in regard to located stolen vehicle.

I was advised the California Highway Patrol was investigating a hit and run {[:1 :Icollision at the location. The vehicle, a 2000 Honda Accord with California plates4T 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 0

No one fitting the description was located.

The vehicle returned as a reported stolen vehicle on October 7,2001 from the R bi 0 xarea. The vehicle was taken during a carjacking. The vehicle was located on it whee-with 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 1type 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 anunknown colored pants. No further description was given. Leon told me he did no eethe 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 orevidence. I contacted dispatch and requested a tow to transport the vehicle to 1111Spruce St. per 22655 Vc. (Evidence) I contacted ISB / CLETS and removed the vehi leas 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 hadcompleted her search for evidence and I was able to release the vehicle to the owner.

Page 86: The Truth Will Set Me Free

ER01280018 CONTINUA TION SHEET PAGE-=t

I was unable to contact the victim by telephone. I was unable to locate the victim'shome or work telephone number. I completed a second CHP 180 form and signed therelease 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 stolenvehicle. This report will be referred to the detective bureau for further follow upin vestigation.

CASE STATUS: OPN CE-2

Page 87: The Truth Will Set Me Free

BURNED HULK per 431 (c) VC

o JUNK DUNK

••••• ..I •••••

-"<oJ

N~TICE OFsioRED~VEHICLE (22852 VC) NOTE: CHP 100 IS FURNISHED TOAl PEACEOFFICERS BY THE CALIFORNIA HIGHWAY PATROL

R RTING DEPARTMENT /J rr.'f-uUS:;-~ (t:7 . ....;;/Q,

OCATION CODE DATE I TIME OF REPORT NOTICE OF STORED VEHICLEDELIVERED PERSONAlLY 0

LOCATION TOWED I STOLEN FROM VIN CLEAR IN SVS? 0 YES~ NO

LlC. CLEAR IN SVS? 0 YES.KJ NO

COLOR LICENSE NO.

L L :>

o SrpRED o IMPOUNDED o RELEASED A RECOVERED - VEHICLE I COMPONENT

TIRES I WHEELS

LEFT FRONT

VESSEL AS LOAD RIGHT FRONT

VANDAlIZED FIREARMS LEFT REAR

ENG. I TRANS. STRIP OTHER RIGHT REAR

SPAREMISC. PARTS STRIP

BODY METAl STRIP HUB CAFS

SURGICAl. STRIP per 431(b) VC IGNITION KEY SPECIAL 'NMEElS

RElEASE VEHICLE TO. 0 RJO OR AGENT ~ AGENCY HOLD

--:-- NAME OF PERSON I AGENCY AUTHORIZING RELEASE DAllE

SIGNATURE OF PERSON TAKING POSSESSION

CERTIFICATION: I. THE UNDERSIGNED. DO HEREBY CERTIFY THAT I AM LEGALLYAUTHORIZED AND ENTITLED TO TAKE POSSESSION OF THE ABOVE DESCRIBED'VEI-!K:LE.

E OF PERSON AlJTHORIZING RELEASE

SEE REVERSE FOR INFORMATION

Page 88: The Truth Will Set Me Free

1~11 BOOKING SHEET

-;.-:aooting Aumber: 20013B624- ~ing Date: 10/31/2001 BooJ1ng Time; 111.6~.•••• -: YBARRA, ROSEMARY LYNN- Addre•• : 576 TRANSIT STREET

HIGHGROVE CA 92507909-781-4245

Booked By: Corporal 1. GavlSNumber: 1399Number: 1793Nu~)er: ER01280018

Arresting Officer: R. GARCIATranaport Officer: KNUDSON

~:.Agency: Riverside S.0 .c:' ATrettt Date: 10/31/2001 Time: 0813:. Location: 7477 MISSION RUBIDOUX /.! Sex Female DOB: 11/23/1981 Birth Place: ...,O_G3EA""F. CA

U.S. Citizen ? v

..hee :<; Heigbt:~ Weight:~~ ~8."Hair

H - Hispanic5' 09"260GRNBRN

SSNDLN

Emergency ContactCECELIA ~vlIERREZ000-000-0000

Possible 3rd Strike? NOPossible 2nd Strike? NOl~tifying Features: NONE

Section Code Class D~~scription- -.,.. ---- .•... -

PC F CONSP/TO/COMMIT/A/FE -yPC F CJ~JACKINGPC F ~)W O/THAN F/ARM GBT FPC F BURGLARY

182215 (A)245(A) (1)459

--

Page 89: The Truth Will Set Me Free

J'~.~Jtli.';t~~¥:1J."~~~"'r"'7-".tt:'.~J.'",~~:,,!;o.;.'u3!'if":·':':··~,,"", -;::':.. ""'~ "';'.'~~""'-:""'. ~:: ...•,,"_.-:-. "",. '~~~.~~~':":~-'-""'."".":"'. """!"!'-~~~~~.II.tm~•••••~~:t'r.i{1ftr1511 BOOKING SlmET,f Ioolling- t~: 200138624:"'-~1ng Date: 10/31/2001 Booking Time: 1126~: tfa..ot YRARRA. ROSEMARY LYNN

TimeBy ~[r Date q~/~By Hot.al~lmU Date !Ct!/~c>{

File Assembled: J'Warrants/Wants ~G: 7i.

INFORMATION:FINE $ RECEIPT # DAYS SERVED

$ RECEIPT # DAYS SERVED

$ RECEIPT #

$ BOND # BOND AGENCY

$ BOND # BOND AGENCY

TIME COURT-----TIME COURT

PAYMENT

~'. 9ONOPAYMENT

.~- -aPPEARANCE DATE:

~.}.~:~RBLEASED TO:

I.D. #OFFICER AGENCY

<. 'METHOD OF RELEASE: _-,5.-::-~ _

* * * * * * * * * * * + COM MEN T S / NOT E S * * * * * * * * * * * *

,~ ------r ,»

-<

~~.--------------------------------------------------------------------------------~;~.

Page 90: The Truth Will Set Me Free

Property Released: Box: y

tp1f'IU

. ~S=-=ED=--T=-O=-- _ DATE

I

JAIL INFORMA'i'ION MANAGEMENTSYSTEMRELEASE VERIFICATION

looking Number: 200138624Name: YBA.RRA, ROSEMARY LYNN

Status: STPRon 10/01/2002 2155 SeA-A. Holmes

laentifying Features: NONEAuthorized By: ~--=:----=~ ~ .1~'3 ;9

Imn~'~\~~epfied by

----=---.----~LLl\ll8/ 0Release paperwork Verified by

/tl tJ~ Q ~ Ud-/~Date 'tile,oj; ,,)2 ,22 3X:>

Daf.e(Time

Clothing Released: B. x: y

TYPE, SHIRT0~;PANTS·;.SHOBS

DESCRI PT I ONC- -=.::.R=EL=EASED TO ./ DATI::BEIGE ---------7~---------~~BEIGE OVERALLSBLK

TYPE DESCRIPTIONWATCHEARRINGS

WM3 WM

$0.24 JObWL \ ()~Date TimeCash Received

:~,,..DbA .~#I. ~ '--t.b~~~ ~~~;;~ RELEASE Ol=;"'F=I:'-::C=E=R~S-o-IG=N=A:-:TUR==E

:~:~1 Certify that all property and monies3·;:}~be1.ongingto me have been returned and accounted for;:;:!by the Sheriff and r e Iease the Sheriff from a Ll claims.#~"-'i

Page 91: The Truth Will Set Me Free

;?$J~~i,::'~,..,,-. ," , .

r''l~t~ln()~l 11:34

~.~.:pQoltil~ Number: :200138624

»a_: YBARRA. ROSEMARY LYNNBooking Date: 10/31/2001

INTAKE RECEIPT Dav ia-

Booking Time: l126

lde.ntifying Peat ur e s . NONE

PER T YBEIGEBEIGE OVERALLSBLKWM3 WM

Items

Cash Taken $5.00 _

,,.... I certify the above is a correct. record of my personal p roj coy and.h 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.

INMATE SIGNATURE &~~Q.=:'-4'jut -~. ~ ~

BOOKING OFF' CER SIGNATURE .. K{,..l 2Itt /

Telephone ContacBy Arresting AgencyNone DesiredPhone Room

Time##

£Time \ \

~ Crp6/',t =::::\~,~.",~ .IGNATlJRE \

Housing Location

RIG H T T HUM B P R I NINTAKE RELEASlt.

••••••••••••••••••• 11••••••••. '

It}TAKE: File Breakdown :

Date ...-b110/_ Time ~?J,

Time I.fif25:

#

Page 92: The Truth Will Set Me Free

01042002 080001162002 083001302002 083002132002 083002202002 083002252002 083003052002 083003152002 083004052002 083004192002 083005032002 083006142002 083007262002 083008262~O 083009272 2 0830

ADDCASE RIF099956 SENTSENT 6YR~ & 41>1NTHSSTPR

_. CARJACKING SENT 215 (A) PC:~'.ADII O/THAN F/ARM GEl FRC DISM 245 (A) (1) PC;: BURGIARY SENT 459 PC<;' BURGLARY SENT 459 PC 09272002i,; :BURGLARY DISM 459 PC -!:;]:____________________________________________ .. .,,;_;;:~l

• .l .-.~';-;..r,:.>r::. :..,

'~t~.~_:-~~·~~~F~.~~;-; ;;. "'-~ ~I

-~;~-'i~/C;~OOi JAIL INFORMATION MANAGEMENT S72\!S ~S BAIL INQUIRY / CASE INFORMATIO (PR

a.ooki·n.~ •• 200138624 Name: YBARRA, ROSEMARY LTh"N!nd of Sentence Date: 10/01/2002 Cell: 21C1

Case Information Arrest Date Court Informacl~n~6NVi~-~~C~a~B~e~~~~------------~~1~0~3~12~0~0~1~0~8~1~31102200 08001115?OOl 083012042001 083012132001 083012202001 0830010427c02 0830

ER01280018 CTRLRIFI001S6

RIF099956

'~ Riverside S,O. BOOKING

SEE CASE182215 (A)245(A) (1)459

CORSP/TO/COMMIT/A!FELONYC'AkJACKINGADM O/TMAN F/ARM GBI FRC8tJttGIARY

NFCTRLCTRLCTRL

PCPCPCPC

Added Case from Court

, Riverside S, O.

-,'"~

PAG! ..

R.~CRCCRCCRCCRCCRCCy

Ba'l/FineRMVRC63RC63RC63RC63RC63

.00

Ol0402

RCC RC63RCC RC63RCC ReS1RCC RC51RCC R"'Cl'--'4RCC RC51RCC RCSlRCC RCSIRCC RCS1RCC RC43R""~ RC43'-'-RC"" RC43RCC RC43RCC RCIDRCC RC43Y .00

Page 93: The Truth Will Set Me Free

. c:o¥Itti 0' II ••• XDI uau •••••• c:ovn: /( /r.:------~----------------STATEMENTOF 'eUaLE CAUSE

_ '/ • at. Jell'--1., 1.1__ '*_ ~_._ p s...: (~.'U_II

~~......;'y_·_,_-:-_";_'_:_I..._I_J_-,.,_I(_r_~_~_/l_l_A_/_~...J'~__ ~: y /V '.

_: ta.. of~, lIIIiY of aa-:iI -7,

I· . < ) j/c:a....-,r.s: /' C

t;t J - Y ,i?-:< ,(~ c: A flJ../ I1-__ "","-~.JA.j~.L.:.:I..-~~~"-'-''--...s...;,Jt....LA'::.If;J { Sf A r,r4.,;'411 I

•••••••c- •• ,....u.I••••• "1'_••_1.: _ aa-. ~ _ ••••~....aa .wi

./3E/,-I '- 1;-01 niL (.If/( LJIT7( r-{"~EJ

YiAIlAA b'" IO-~'-D( S'rlC .,pI/a (IffA-"" ,,/#l{ 6-tJ T' ~£ ~,.J_

I/I'/)fo t" 77I( Ctt4/-: /I/liIJI/l /Z-!//t.A",£)JI. .J'#£ .J;A~D

••••••

Page 94: The Truth Will Set Me Free

~+ -- --- -~ - --,

• CODM1i OP 11••• 1101 UDIQDtIDft COaTI __ ~._?_· ~/_-/_'c..:...- ~ _

r:-..._..IoU ••••••• , ••_ •••- IMl.e_,_-_'-__ ,•• I'_S __ ....,1l.r-~_=_:::_ ___11-, ••••••••••• 1 I _ •.•~

-Jv /- ,- ,~

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-- T~.r &ned: ----t!_:Oa~ of Au_I.: .t,.-.y ~rt.1JIC -.....-:

1/ /' , >- / !',(/J /../ /. ( /t' - ;' /- r: I' ;;-/(~I 21 <.. {'(,f

~: r j t /',(r 6t':V7..(. ~ ~I/t.. (/ '--Y "'-- -....u:lis /.(.{' ,£/, .;-..4, Ie /r-' ~

? y' >(,01 / /"" ( .A.>Cd(,r.T L-.J/;)Ffl 0«' U L •. f /lrrl'J v s r>c-» II I••••••.•c- ____••-LIIlaiIl fair •• r.u-&!III _1_: - un.c. __ _ ---*"'-- '-1e IIIU I-

Sli ry o~ Probabl. cav•• :

l -/ ..::;;;: r r.,' I'A ;I /1c.c! d£.

a· /~.t 7:-iJ( ~J;.Tt<'/li)'7 // /' /I ,dlU;- £"'//;,f' ff'/LS

t:.. ,11 5 1/oJ 01; f /1'1/ /.c r C~/~"7'L -+ 17.0•

&-1,£ fr' ((/IHA.J/'o,I; C~lr"T1-1 /6f..~'tJ"'"k/la-//~tfUA, &<fr3fI

M t' 7 l~' 1 /JI ..s~5/ A( ~,..,t -+ Fe ~/-£5 A.r- /) ~ to>£~ -tA:.1~lLfAd ~£;CLa-€5 A",O YBAA-A/}- ~E/t£ .i)A(v£;../ flY' d~<t"£ /,J

tit j ;?~ ~ H'''' IJA- It (' C trrtf) CA- Cf71lJ p? «. H ~A. Ii:> ,.""J)

y'1JA--ltkff C~,..v,,·.:CI££) SeLf/I&: ~ »-/l/lli 7lIEa' 7?-

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~------------~ __ , 81••

~ fl ••••• ~ _

Page 95: The Truth Will Set Me Free

CA

- -'., _.~;:::.... :~,,--"':'~.'-.-.

.,

- .•~ r.-" -

is Afl (:>-1) f.

-,

.~--- -_.-.

.•.

.•.

2.o 1 *o 2 -!,

o 0 ? 6 ~1

./

1

1 l.: U

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Page 96: The Truth Will Set Me Free

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/,.r l

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I

11I

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... -, ..-:.'.~.-;.,:~ ~:'i:~:DiCE ~~6.:-=-:~--(~:J~T=L~~.-

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:;---~- =!-. ~ ·.:~E :~6:':~:~6S- ?t~ ?::~PTf~;A p.-,:

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TOTAL $$2:3-031

27. ~.~

,\

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:4t.1.• ~;:_~~?-~;,'~\'-: i~----~--------------~~----------------------------~---------------------------------------------------------'~:r.'.

Page 97: The Truth Will Set Me Free

-......"..----~

L--- - _ ._I

j

WELCIJMEXXXXXXXXXXXX18'S9 VISA ie/Bue1

B8B4 INvOICE :BB~7~9BB42966Z 48-1BBUASHIHGTDNCIRCLE K "5B87 BERMUDADUNES [:11

PRODUCTnISeQUANTITY PRIC~ ?'~Gi~~,

2:' 9~

Q2PHJMQ3L2J9 TOTAL $ 2~~r4AUTH B8-996892 REF 9B1 27-807

.~... .\-----1I

l

1

-- ..~ ..J

- .

" I~~~",.''I!, I,. ~ II , I ! 1 .", I

I' , I ' j t., ! H,~'r I, , - ,'1 ~I f' 1 I I",I~1 -, ""1 In

i - -~ :J ;\ 1 ~ I I I l' ,I,,, "- ., I ~ • i~ ,

: ~ . • ,~ I J : I III , :l'l, -' , - - , - II ;ji j "

, -';

Page 98: The Truth Will Set Me Free

1 c l4.71.41g05,-56. -----, ----,.

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10-08-01~52))D2

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Page 99: The Truth Will Set Me Free

,

SUPERIOR~URT7

\,; i

OF CALIFORNIA, COUNT~r4100 Main St.

Riverside, CA 92501RIVERS DE

People of the State of CaliforniaVs.

ROSEMARY LYNN YBARRA,'MINUTE ORDER

CASE NO. RIF099956,

===:====;===:===:=;====================:====;=;=======================Sentencing (SENT)Date: .09/27/02 8:30 am Dept/Div: 43Time:

====================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. RICOCourt Reporter: K. GUNNPeople 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 0months.Principal Count Deemed to be Count # 1.As To Count 3, 'the Court imposes 1/3 the MID term of 2 years fora 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 fora 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 pursuantto 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 1202.45PC 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 thevictim.Victim Restitution to be determined. Financial Services toforward court's findings to Department of Corrections.Pursuant to section 2085.5 PC, Department of Corrections is

Page 100: The Truth Will Set Me Free

Page: 2Case 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 1Stricken.Court Orders Enhancement(s) GA-186.22(B) (l)PC in Count 3Stricken.Court Orders Enhancement(s) GA-186.22{B) (l)PC in Count 4Stricken.

--Defendant waives comment to probation. District Attorney'sOffice is ordered to provide Crime report to the clerks officeforthwith.Sheriff to Deliver Defendant to California Department ofCorrections at FRONTERA.Remains remanded to custody of Riverside Sheriff.Minute Order printed to Robert Presley Detention Center.

**MINUTE ORDER OF COURT PROCEEDING**

Dispo

Page 101: The Truth Will Set Me Free

I o oABSTRACT OF JUDGMENT - PRISON COMMITMENT

//-<13 -?/~,

FORM DSL 290

SUPfRIOR COURT OF CAUfORNIA. COUNTY OFBRANCH

1 0RIVERSIDE

CASE NUMIIER ISI

PEOPlE OF THE STATE OF CALIFORNIA Y'LS"-.DEFENDANT: ROSEMARY LYNN YBARRA

AKA:!. - BoNOT PRESENT

COMMI11IENT TO STATE PftISONAS Of JUDGMENT

AMENDEDABSTRACT 0

- A SEP 3 0 2002

Jt{I- E

M. RICO

(F 0 [b 0SUPERIOR COURT OF CAUOFORNIA

COUNTY OF RIVERSlI)E

- c-D

PROBATKW NO. OR PRCtiATKW cmceR

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!dup time for anhancllltlants DI181th lin. and entar Ii,," total in riflhl·n.oo collm<l. .

Enroif1COlJlOnl

AKH. ~. HERNANDEZ

COIRtSI:l FOR mFENDANTCDP-~. VAN WAGENEN

..1. W~NT WM, OOWOEO Of TI£ COMMISSItW OF THE RllOWlNl FEUNES lOR AlTERNATE FELONY/ MISIlEWANORS):~~----------~------~--~--.--r--r-~--~~-------o ~L COONTS ARE LISTED !W ATIACHMENT (NUMBER OF PAGfS) I~ C=~

COUNT COtl Sf.CTQj NUMBER CRIME . UMO OAY YEAR U ~~.t

CONVICTEDBY

SENTENCE RELA~

I'RKIPAl OR5 !i ~i!'ti ~I ill

CONSrnJT1VEi i §. a TIME IMPOSED.J I! ll••

I Is I~~rj!! I~ i YEARS M!M~~ P inci al ~~ X ••1"1 X e

. 'C~ ;';;; ....•.

1 P 215(A),3 :~:~':,4'•••4 P 4'9**

Enh.ntemOnt ib/"Yrs or'S' Enhancornenl Y~or'S'Enhan CQf118nt Y~Dr'S' Enn.nclll1llnt

: "~,,', ,

..•.~- :

Y~ ••. 'S'

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..dcolumn. Also 81\1IIr"'11 lIllY other onhanl:ement not provided for in spica 2.

EnhlncEment Yrs Of 'S' EnhenclllT1lll1t Yrsor'S' EnhooCllTlllnt Yrs or 'S' Enhan:!ment ¥Is or'S' Enhancement Yrs or'S' btal

EnhlntH11lnt Yrsor'S' Enhancemenl Yrl Of 'S' tnhancsmilrit Yrl-or'S' - .EJih.lt!inam -- Yrsor '5" Enhancam.nt Yrs or'S' TotII

4. IM:OMf'lfTED SENTENCE(S) CctlSECUT1VE: 5. QTI{ER IlIttRSPay RRstitution Fine pursuant to 1202.4(Addition.l Parole Restitution Fine impo5SRe attachment page

u•• Idditionll II"M!J of plain paper if llEICB•••• fy.

!:REIJT FORTIME SERVEDCASE NUMBERCOtMY

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.)

8. TOTAl TERM IMPOSEO: 49. EXEClJTl()j OF SENTEfa IMPOSED:

A. [j AT IHfTlAl SENTENCIN1lHEARNl

,B. 0 AT RESENTENCING PU1ISUANT TO

OEClO ON APPEAlc. 0 AfTER REWCATIIW (J'

I'IlOBAroN

..-........AT RESENTEP.ONG PlllSUANT TO Rl:CAU E. 0 OTHER _Of COMMTME NT (PC §1170Id)

10. DATE Of SENTEIa PAONOIJIIC£D CREDIT FOR TOTAL DAYS(to'D) (DAy) (VR) 09 ~7 02 ~~~ 3&1 t«:LUIlMl:

ACTUAl lOCAlTIM!: 3~1

lOCAl CfHlU~CREcrn> coc

·11. MFFMWII.JS...lIEMANWl TO 1lt: CUSTlIl'r OF THE SHERI'FJ TO ~ mLIVE,REO:

r*t RJlTHWlTH MO THE CUrnlOY Of ~ "'61 u: UCNI'AIlh r.AII~ INjrrm ITIfW ~t1R

50STATE INSTITUTKlNS

rwlH

r-t ('I.IIC l&it'TtTUTII')6,

Page 102: The Truth Will Set Me Free

form MJ,IIII by tlw.uti<i. ~ ri CalifotniaEtfoc1M .lMwy t. 1990

Pon.c. 12

o AFTER 48 HOURS.EXClll!lNG SATURDAY:;.SUNDAYS AND HOlIDAYS

THE DIRECTOR OFCOfIRECTKlNS AT T!!fRE~pnDN-GU)!)AH~CEHTER.LOCAltD Al:

WOMEN • FRONTERA •.•...•fAClllT y . VACAVllIf

oSAN nUENnN'-' FOR MfN . CHINO

..8 OTHER (SPECFY) _

ClI 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

DISTRIBUTION: Plr-IK COPY-C01.JlT FILE YELlOW CO'Y·OEPARTMENT Of CORRECTIONS WHITE COPY·ADMINISTRATIVE OfFICE OF THE COURT

Page 103: The Truth Will Set Me Free

(!l~a:mbU5 of

~li.o5 w- ~£rmtnO£~ IIJjuoge of tIle ~uperior (!loud

4100 2llffain ffi\treetJ1{ioersioe, <rralifornia 92501

(909) 955-1603

Jlfax (9D9) 955-4D56

~up£rinr ([nurt n£ ([aH£nrnia([.oun±tr rrf ~i&£r5io£

February 5, 2003

Ms. Rosemary Lyn...n YbarraW96113 1.134LowN.C.W.F.P.O. Box 213022Stockton, 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 U

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 0 onddegree burglary (459 P.e.), all felonies. You were sentenced to ix years. fo months instate prison. Pursuant to 2933.1 P.C., your maximum possible credi ar 1 - rent.

Your CTS as of the date of sentencing was 331 + 50 for a 0 a1 of 1 da 'So Thatfigure is correct.

Hffi:lh

Enelosme

cc: Stephen P. Foley, Deputy District rtorneyJeffrey A. Van Wagenen, Attome 1 for DefeTIe:~t

·t1 .·1~ .~, .•1' •

~ .".~,' .