felony complaint for redlands murder

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO SAN BERNARDINO JUSTICE CENTER DISTRICT

THE PEOPLE OF THE STATE OF CALIFORNIA,

Plaintiff

vs.

Anthony Artell Tolbert , Terryl Diamond Morris , Jamaal Aaron Duncan , Damar Sowell , Vanessa Everlin Felix , Taylor Morgan Jones

Defendants

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

COURT CASE NO FELONY COMPLAINT DA CASE NO 2014-00-0028243

The undersigned is informed and believes that:

COUNT 1

On or about January 20, 2013, in the above named judicial district, the crime of MURDER,

in violation of PENAL CODE SECTION 187(a), a felony, was committed by Anthony Artell Tolbert,

Terryl Diamond Morris, Jamaal Aaron Duncan and Damar Sowell, who did unlawfully, and with

malice aforethought murder Kevon Marquise Decatur-Webber, a human being.

"NOTICE: The above offense is a serious felony within the meaning of Penal Code section

1192.7(c) and a violent felony within the meaning of Penal Code section 667.5(c)."

"NOTICE: Conviction of this offense will require you to provide specimens and samples

pursuant to Penal Code section 296. Willful refusal to provide the specimens and samples is a

crime."

It is further alleged pursuant to Penal Code section 186.22(b)(1)(C) as to count(s) 1, 2, 3

that the above offense was committed for the benefit of, at the direction of, or in association with a

criminal street gang with the specific intent to promote, further or assist in criminal conduct by gang

members.

"NOTICE: Conviction of this offense will require you to register pursuant to Penal Code

Section 186.30(a). Willful failure to register is a crime."

Complaint DA CASE NO: 2014-00-0028243

It is further alleged as to count(s) 1, 2, 3 that said defendant(s) Jamaal Aaron Duncan

personally and intentionally discharged a firearm, a handgun, which caused great bodily injury and

death to Kevon Marquise Decatur-Webber within the meaning of Penal Code Section 12022.53(d)

also causing the above offense to become a serious felony pursuant to Penal Code section

1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8).

It is further alleged as to count(s) 1, 2, 3 that a principal personally and intentionally

discharged a firearm, a handgun, which proximately caused great bodily injury and death to Kevon

Marquise Decatur-Webber within the meaning of Penal Code sections 12022.53(d) and (e)(1).

It is further alleged as to count(s) 1, 2, 3 that a principal personally and intentionally discharged a

firearm, a handgun, within the meaning of Penal Code sections 12022.53(c) and (e)(1).

It is further alleged as to count(s) 1, 2, 3 that a principal personally used a firearm, a handgun,

within the meaning of Penal Code sections 12022.53(b) and (e)(1).

*****

COUNT 2

On or about January 20, 2013, in the above named judicial district, the crime of

ATTEMPTED WILLFUL, DELIBERATE, AND PREMEDITATED MURDER, in violation of PENAL

CODE SECTION 664/187(a), a felony, was committed by Anthony Artell Tolbert, Terryl Diamond

Morris, Jamaal Aaron Duncan and Damar Sowell, who did unlawfully and with malice aforethought

attempt to murder Emery Schexnayde, a human being.

It is further alleged that the aforesaid attempted murder was committed willfully, deliberately

and with premeditation within the meaning of Penal Code section 664(a) and is a serious felony

pursuant to Penal Code section 1192.7(c).




members.



It is further alleged that the offense(s) charged in Count(s) 2 are punishable in the state

prison for life and cause the sentencing to be pursuant to section 186.22(b)(5).














*****

COUNT 3


ATTEMPTED WILLFUL, DELIBERATE, AND PREMEDITATED MURDER, in violation of PENAL

CODE SECTION 664/187(a), a felony, was committed by Anthony Artell Tolbert, Terryl Diamond

Morris, Jamaal Aaron Duncan and Damar Sowell, who did unlawfully and with malice aforethought

attempt to murder Dante Tyrone Holland , a human being.

It is further alleged that the aforesaid attempted murder was committed willfully, deliberately

and with premeditation within the meaning of Penal Code section 664(a) and is a serious felony

pursuant to Penal Code section 1192.7(c).




members.



It is further alleged that the offense(s) charged in Count(s) 3 are punishable in the state

prison for life and cause the sentencing to be pursuant to section 186.22(b)(5).














*****

COUNT 4

On or about January 20, 2013, in the above named judicial district, the crime of STREET

TERRORISM, in violation of PENAL CODE SECTION 186.22(a), a felony, was committed by

Anthony Artell Tolbert, Terryl Diamond Morris, Jamaal Aaron Duncan and Damar Sowell, who did

unlawfully and actively participate in a criminal street gang with knowledge that its members

engage in or have engaged in a pattern of criminal gang activity and did promote, further or assist

in felony criminal conduct by gang members.

*****

COUNT 5


ACCESSORY AFTER THE FACT-(KNOWLEDGE OF CRIME), in violation of PENAL CODE

SECTION 32, a felony, was committed by Vanessa Everlin Felix and Taylor Morgan Jones, who

unlawfully, having knowledge that the crime of Murder, a felony, in violation of Section 187(a) of

the Penal Code of the State of California had been committed by Jamaal Duncan, Anthony Tolbert

and Damar Sowell, did harbor, conceal, and aid said Jamaal Duncan, Anthony Tolbert and Damar


Sowell, with the intent that he/she might avoid and escape from arrest, trial, conviction, and

punishment for said felony.

It is further alleged pursuant to Penal Code section 186.22(b)(1)(A) as to count(s) 5 that the

above offense was committed for the benefit of, at the direction of, or in association with a criminal

street gang with the specific intent to promote, further or assist in criminal conduct by gang

members.



*****

It is further alleged as to count(s) 1, 2, 3, 4 pursuant to Penal Code section 667.5(b) that the

defendant(s) Anthony Artell Tolbert, has suffered the following prior conviction(s):

Court Case Code/Statute Conv Date County State Court Type

RIF12467 HS 11378 10/23/2007 Riverside CA Superior

RIF14604 PC 12316(b)(1)10/10/2008 Riverside CA Superior

RIF1103675 PC 12021(a)(1)03/23/2012 San Bernardino CA Superior

and that a term was served as described in Penal Code section 667.5 for said offense(s), and that

the defendant(s) did not remain free of prison custody for, and did commit an offense resulting in a

felony conviction during, a period of five years subsequent to the conclusion of said term.

It is further alleged pursuant to Penal Code sections 1170.12(a) through (d) and 667(b)

through (i) as to count(s) 1, 2, 3, 4 that said defendant(s) Terryl Diamond Morris, has suffered the

following prior conviction of a serious or violent felony or juvenile adjudication:


Y80370 PC459 06/11/1998 Riverside CA Superior

RIF10004335 PC 246.3 05/19/2011 Riverside CA Superior


It is further alleged as to count(s) 1, 2, 3, 4 pursuant to Penal Code section 667(a)(1) that

the defendant(s) Terryl Diamond Morris, has suffered the following prior conviction(s) of a serious

felony:


Y80370 PC459 06/11/1998 Riverside CA Superior

RIF10004335 PC 246.3 05/19/2011 Riverside CA Superior

It is further alleged pursuant to Penal Code sections 1170.12(a) through (d) and 667(b)

through (i) as to count(s) 1, 2, 3, 4 that said defendant(s) Jamaal Aaron Duncan, has suffered the

following prior conviction of a serious or violent felony or juvenile adjudication:


RIJ120190 PC 243(D) 10/12/2010 Riverside CA Superior

RIF1201739 PC 422 04/15/2013 Riverside CA Superior

It is further alleged as to count(s) 1, 2, 3, 4 pursuant to Penal Code section 667(a)(1) that

the defendant(s) Jamaal Aaron Duncan, has suffered the following prior conviction(s) of a serious

felony:


RIJ120190 PC 243(D) 10/12/2010 Riverside CA Superior

RIF1201739 PC 422 04/15/2013 Riverside CA Superior

It is further alleged as to count(s) 1, 2, 3, 4 pursuant to Penal Code section 667.5(b) that the

defendant(s) Jamaal Aaron Duncan, has suffered the following prior conviction(s):


RIF1202914 HS 11379(a)04/15/2013 Riverside CA Superior

and that a term was served as described in Penal Code section 667.5 for said offense(s), and that

the defendant(s) did not remain free of prison custody for, and did commit an offense resulting in a

felony conviction during, a period of five years subsequent to the conclusion of said term.


* * * * *

NOTICE TO DEFENDANT AND DEFENDANT’S ATTORNEY Pursuant to Penal Code Sections 1054.5.(b), the People are hereby informally requesting that

defense counsel provide discovery to the People as required by Penal Code Section 1054.3.

NOTICE TO ATTORNEY The materials accompanying this notice may include information about witnesses. If so, these

materials are disclosed to you pursuant to Penal Code section 1054.2 which provides: "No

attorney may disclose or permit to be disclosed to a defendant the address or telephone number of

a victim or witness whose name is disclosed to the attorney pursuant to subdivision (a) of Section

1054.1 unless specifically permitted to do so by the court after a hearing and a showing of good

cause."

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND

CORRECT AND THAT THIS COMPLAINT CONSISTS OF 5 COUNT(S).

Executed at San Bernardino, California, on June 4, 2014.

Ronald D. Webster Ronald D. Webster DECLARANT AND COMPLAINANT

Agency: Redlands Police Department Prelim Est. 02:30 Defendant Anthony Artell Tolbert Terryl Diamond Morris Jamaal Aaron Duncan Damar Sowell Vanessa Everlin Felix Taylor Morgan Jones

Birth Date 03/21/1987 06/06/1980 09/19/1992 03/03/1992 11/04/1987 12/01/1993

Booking No.

CII No. A25885824 A12246295 A27371196 A33740795 A31932483 A32452511

NCIC

Gang


felony complaint for redlands murder

Documents