to 31); (D) the NSO gang s organization and identifying characteristics (paragraphs 32 to

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2 1 1 to 1); (D) the NSO gang s organization and identifying characteristics (paragraphs to );(E) the identification of specific gang members (paragraphs to j); (F) NSO s qualification as Criminal Street Gang (paragraphs 0 to ); and (G) my conclusions in support of injunctive relief against the NSO criminal street gang and all of its members (paragraphs to ). A. SPECIAL EXPERIENCE, EDUCATION, AND EXPERTISE REGARDING S AND GANG MEMBERS 1. I am a sworn police officer with the Oakland Police Department (OPD), and have been so employed since November, 0. My current assignment is as a Problem Solving Officer for Area 1, District, which is within the physical area of the proposed Safety Zone (described below).. I obtained a Bachelor of Science Arts degree in Business Management from Menlo College, Atherton, California.. In this Declaration, except where I state something to be based on my personal observations, I am stating my opinion as a gang expert, or am referring to information that I used to form my opinions. The information I used to form my opinions on the NSO criminal street gang includes discussions with other law enforcement officers including other gang experts, conversations I have had with members, associates, and affiliates of the NSO criminal street gang, conversations I have had with non-gang members who live and work in the community, and my review of police records, internet materials, music, documentaries, and a review of criminal records of gang members. I have also drawn on my personal experience as a police officer performing gang and controlled substance enforcement, especially working as a Problem Solving Officer in north Oakland. Many of the assignments I had and still have at OPD have directly involved investigating the North Side Oakland gang and gang members and their criminal and nuisance activity. - -

3 1 1. A primary objective of my current assignment as a Problem Solving Officer (PSO) is to investigate criminal problems in my area that have a broad impact on residents quality of life. Based on my experience, the NSO gang activities in North Oakland have heavily contributed to the majority of the problems in my assigned beat. My PSO team is supervised by Sgt. Bernard Ortiz. My assigned beat is x, which is bounded by rd Street (near the Emeryville border) and the Berkeley City border, Adeline and Market Street to Fremont Street, which borders the City of Emeryville. I work closely with other PSO Officers John Cunnie, Patrick Gerrans and Jason Trode, whose beats also involve areas within the proposed Safety Zone.. My work investigating gangs, involves gathering intelligence on criminal street gangs, including gang trends, the gang s method of operation, gang terminology, the gang s turf, rivalries, alliances, tattoos, clothing and gang communication through the internet social websites. I have had numerous direct contacts with gang members and their rivals through traffic stops, consensual encounters, and preliminary investigations and follow up investigations involving gang members as victims or suspects, as well as through parole and probation investigations. I have participated in over one hundred (0) investigations involving gang members.. I obtain information about the NSO criminal street gang and its activities by conducting custodial and non-custodial interviews with gang members, associates, and affiliates, rival gang members, members of the community, other OPD officers, other law enforcement representatives, and by reviewing crime reports involving gang-related and gang-involved incidents. I also obtain information about the NSO gang and its activities from evidence obtained during search warrant services, probation and parole searches, and searches for gang-related documentation on the internet.. I have received training as a police officer relating to the investigation and identification of gangs and controlled substances trafficking. I receive ongoing training - -

4 1 1 from my supervisor, Sgt. Bernard Ortiz, who is a qualified gang expert. I received twelve (1) hours of training on gangs from the police academy and twelve (1) hours of training on narcotics and street drugs while attending the police academy.. I received formal training from OPD on criminal street gangs and gang members, including the standard POST 1 (Police Officers Standards and Training, a California mandated curriculum for peace officers) training block on gang awareness while at the Police Academy.. I have also attended trainings on gang recognition, investigation and enforcement conducted by the San Francisco Police Department Gang Task Force and the Gang Unit of the San Francisco District Attorney s Office.. I am a member of the California Narcotics Officers Association (CNOA). I have attended an eighty (0) hour training given by the Department of Drug Enforcement (DEA) on controlled substances, a forty (0) hour OPD undercover narcotics school, and I have attended a forty (0) hour training on interview and interrogation techniques. I have attended trainings covering Gangs and Drugs, Prison Gangs, Cocaine base sales and distribution, and heroin sales and trafficking.. I received sixteen () hours of formal training from the Alameda County Sheriff s Office Classification Unit on the subject of the law enforcement use of the Data Bases in the tracking of gangs and gang members. 1. Additionally, I am a court qualified narcotics expert, having testified on the sales, packaging, and possession for sales of cocaine base (commonly known as crack ), I received the standard training block of initial narcotics training while in the police academy. My training included knowledge of controlled substances that are commonly abused on the streets of Oakland. I learned to recognize the substances, common 1 California Commission on Police Officers Standards and Training, a state legislatively created agency that sets minimum selection and training standards for California law enforcement officers. - -

5 1 1 packaging for transportation, paraphernalia used to ingest narcotics, drugs and drug symptoms. I have worked as an undercover officer on illegal drug and narcotics purchases and sales, and have spoken to users and sellers regarding the use and sale of narcotics. I have made and assisted in hundreds of controlled substance related investigations and arrests. My training and experience in controlled substance investigation helped me better understand criminal street gangs and gang members because the illegal sale of narcotics is a major source of money to most street gangs in Oakland, and is the source of crimes done to maintain the ability to continue drug sales, such as murders, loitering, graffiti, assaults, and robberies. 1. In addition to the formal instruction I have received, I have also learned a lot about street gangs and gang members from senior OPD, County Task Force, ATF, FBI agents, and DEA officers over the past years in informal settings, such as while on patrol or working in special drug and gang projects. My best source of information about criminal street gangs and gang members, however, comes from my routine contact with time on the job, talking with gang members or community members, and from the other PSO s in my team who are also investigating NSO.. Through my work as a police officer, I am very familiar with the NSO gang and gang investigations. I provided NSO gang information to officers in OPD assigned to patrol in north Oakland, OPD specialized units, OPD Criminal Investigations Division commanders and staff on the NSO gang. I have also provided NSO gang information to officers from the Oakland Housing Authority Police and the Berkeley Police Department on awareness and identification of the NSO gang. Based on my training and experience, I have provided information and intelligence about the gangs to the Prosecutors from the Alameda County District Attorney s Office about the NSO gang investigation and recognition techniques. - -

6 1 1 B. The Proposed Safety Zone and Its Significance to NSO Territory or Turf. Based on my extensive contacts and experience with NSO members and their cliques, my observations of the NSO gang and its cliques criminal activity, interviews of private citizens and business owners in the north Oakland area and discussions with fellow officers previously and currently assigned to the area, my training, and investigations to date, it is my opinion that the NSO gang and its cliques conducts most of its criminal activity in the area which is described in these pleadings as the proposed Safety Zone, and which includes the gang s claimed territory or turf as follows: Starting at th Street and Martin Luther King, Jr. Way, then west on th Street until Adeline Street; then north on Adeline Street until rd Street; then west on rd Street until Boyer Street; then north along Boyer Street and along the northerly line as it continues along Vallejo Street until th Street; then east on th Street until Herzog Street; then south on Herzog Street until Alcatraz Street; then east on Alcatraz Street until Market Street; then southeast on Market Street until 1 st Street; then east on 1 st Street until Dover Street; then north on Dover Street until Fairview Street; then east on Fairview Street and along the easterly line as it continues along th Street until Telegraph Avenue; then south on Telegraph Avenue until 0 th Street; then east on 0 th Street until Canning Street; then south on Canning Street until th Street; then west on th Street until Telegraph Avenue; then south on Telegraph Avenue until th Street; then west on th Street until Shattuck Avenue; then north on Shattuck Avenue until nd Street; then west on nd Street until Martin Luther King, Jr. Way; then south on Martin Luther King, Jr. Way until the starting point at th Street, and extending 0 yards to the outside of each of those boundary streets. A copy of a map illustrating the proposed Safety Zone is attached - -

7 1 1 hereto as Exhibit 1.. NSO s turf is the geographic area it claims as its own territory. The proposed Safety Zone does not include all territory claimed by NSO, but does include the area where most of the NSO nuisance crimes and activities are committed. By claiming and protecting a turf, NSO intends to exclusively occupy it for committing the criminal activities without fear of competition by other gangs, or worrying about residents reporting the crimes or serving as witnesses for the prosecution. NSO gang members and their associates can freely move within the turf without concern that rival gang members are present and congregate in public and intimidate residents by their show of numbers or directly threatening the residents. The culture of intimidation instills fear of retaliation in residents and crime victims, thus discouraging them from reporting crimes or cooperating with the police. This results in creating an atmosphere that NSO is in control of the territory.. Based on my experience, I know that witness intimidation and witness endangerment are an integral part of the gang culture and it comes in many forms. A threat may be explicit, by word or action directed at the witness by persons associated with the gang, or implicit, by circumstances or characteristics of the crime coupled with a pattern of prior intimidation or threats made by the suspect gang and its associates. Circumstances such as living in or near the gang neighborhood, going to school or working with gang associates, or otherwise being accessible to the gang members, often present significant concerns and often pose as real threats to the safety of the witness. The NSO s presence within the Safety Zone creates this type of environment; therefore the citizens that witness nuisance activities or crimes within the Safety Zones become reluctantly uncooperative with the police in solving crimes. Fear within the community gives the NSO gang more power due to the fact that the citizens feel that they cannot report crimes to the police fearing retaliation. - -

8 1 1. The NSO gang s primary criminal and nuisance activities are street drug sales, robberies, shootings and killing. To protect its street level drug sales activity, NSO must protect the gang s turf against competitors through actual presence on those sidewalks and by marking turf with graffiti. Protection of turf is done by committing violence on rivals through assaults, threats, and homicides. Another aspect of protecting turf is keeping witnesses and victims quiet gang members threaten and intimidate victims and witnesses of their crimes by creating an atmosphere of fear of retaliation for cooperating with the police.. Another common crime committed by NSO gang members is street robberies. NSO members and their cliques terrorize the streets and reduce the quality of life for residents of the area within the safety zone in their practice of committing street robberies. I have studied and investigated numerous street robberies from the North Oakland area and identified a signature pattern type robbery that occurs within the Safety Zone. These robberies are committed by groups of three to eight suspects who surround and rob a victim, usually accompanied by beatings of the victim, even after valuables have been taken away. We at OPD have nicknamed these types of robberies as rat pack robberies. I am informed that my colleague Ofc. Patrick Gerrans discusses NSO-related robberies in his expert declaration filed with the court.. Because NSO gang members feel they have free reign in their turf to commit crimes, they do in fact terrorize the community. The street level drug sales by NSO members has dominated many blocks throughout the proposed Safety Zone. The presence of NSO gang members on the streets, sidewalks and parks intimidates residents and makes them scared to go outside. A large number of the killings that have occurred in north Oakland since 0 have been directly related to NSO gang members and their feud with rival gangs from Berkeley and other parts of Oakland.. NSO gang members and their cliques often illegally carry firearms in public. - -

9 1 1 There have been dozens of incidents in which NSO members and their cliques have arrested carrying concealed firearms, even after being convicted of a felony or while they are on probation. They carry guns to assist them in committing crimes such as robbery, assault, killings, and shootings or to defend themselves from attack by their rivals.. Members of the NSO gang commonly flee from police into the proposed Safety Zone, where their fellow gang members are, or where they can hide in private yards they are familiar with. NSO gang members feel safe within their own territory. Rival gang members cannot enter NSO territory or the NSO clique s territories without fear of retribution from other NSO gang members. C. THE NORTH SIDE OAKLAND GANG (NSO) AND IT S CRIMINAL AND NUISANCE BEHAVIOR. The NSO gang s activities are based on street level drug dealing throughout North Oakland. This is primarily the sales of marijuana, prescription codeine and cocaine base (crack) at numerous street corners and at public parks. NSO is involved in the sale of prescription codeine, known on the street as Robo or Bo which are sold in small bottles. Packages of larger sized bottles of prescription codeine are known as Bricks. The other most common crime committed by NSO gang members is the commission of street robberies. NSO gang members use the proceeds from the illegal sales of narcotics and street robberies for promoting NSO and their cliques.. Based on knowledge gained through my continuing police work throughout Oakland, and especially in west and north Oakland, I have developed the opinion that NSO is a criminal street gang. In this section of my declaration, I give an overview of the gang and its criminal and nuisance activities. Below are a few examples of recent arrests I have made on NSO gang members. a. On March, 0, while on duty, I saw Lajon Collins loitering Christopher Patrick (who I know to both be documented NSO gang members) inside a laundromat at - -

10 1 1 th Street and Telegraph Avenue. Collins was pacing and nervous, and then pulled a silver pistol from the waistband of his pants, and placed it into a clothes washing machine. I recovered a loaded. caliber handgun from the washing machine. Collins was arrested for carrying a concealed weapon, carrying a loaded firearm in public, and possessing an unregistered handgun. RD# 0-0 b. On April th, 0, at about :00 pm, I was on duty with my squad and observed a group of fifteen to twenty subjects loitering on the corner of th Street at Canning Street, which is known NSO gang territory and within the proposed Safety Zone. I knew several of the subjects to be on probation from prior contacts. I contacted James Thomas, who was holding an open bottle of gin and on probation with a search clause. I recovered powder cocaine hydrochloride from his pocket, for which he was arrested. Prentis Austin was also contacted on scene and was arrested for an active felony bench warrant. Austin is a documented member of NSO. RD#0-01 c. On July, 0, at about : a.m., my squad conducted narcotics surveillance at th St and San Pablo Ave, which is an established illegal drug sales territory of the Gaskill clique of the NSO gang and within the proposed Safety Zone. I observed Tyrone Jackson sell suspected narcotics to a black female, and directed the arrest teams to arrest Tyrone Jackson for the Sale of Narcotics. He was found in possession of five rocks of Cocaine base and was also arrested for Possession of Cocaine-base for Sales. We also arrested Dexter Appleby, who was standing next to Jackson when he sold the cocaine, for Loitering for the Purpose of Drug Sales. Jackson and Appleby are both documented NSO gang members. I was informed The abbreviations RD# means Oakland Police Report number. The abbreviation FC# means Oakland Police Department Field Contact number. - -

11 1 1 that Jackson served over seven months in prison for the above charges. RD# 0-0 d. On June, 0, at approximately :1 p.m., I was working undercover, sitting in a vehicle with ATF Agent B. Tucker when Eric Tullis sold twenty dollars worth of marijuana to Agent Tucker in the 00 block th Street, across from Bushrod Park. When Agent Tucker asked what Tullis name was, Tullis replied, E. Tullis was arrested and charged with sales of marijuana. The 00 block of th Street is within NSO territory and the proposed safety zone. RD# 0-00 e. On September th, 0, at about :0 pm, my squad conducted a narcotics surveillance at th St and San Pablo Ave, known NSO gang territory and within the proposed Safety Zone, and arrested five individuals for either Possession of Cocaine-base for Sales or Loitering for the Purpose of Narcotics Sales including Jamar Scott, Reginald Appleby are documented members of NSO and Billy Black is an NSO associate. RD# NSO members sell illegal drugs in the open air drug market at all times of the day in public places within the proposed Safety Zone in the City of Oakland creating a public nuisance. Selling drugs disrupts lawful vehicle and pedestrian traffic and deters, by means of intimidation, lawful citizens and merchants from frequenting areas where drugs are being sold. Selling drugs also amplifies the demand for increased police presence distracting police from other duties. Many nuisance issues, such as unlawful loitering, gambling, littering, loud verbal and physical altercations, public drug use and loud music are associated with drug dealing. Drug dealing also contributes to the likelihood of increased robberies and burglaries in the area where the drug dealing is occurring as chronic drug users commit these crimes to gather money to pay for drugs to satisfy their addictions.. Drug dealing by NSO members is a sequential step towards other violent - -

12 1 1 crimes such as assaults, shootings and homicides as dealers fight to gain and defend drug selling and gang territory. The NSO gang s drug sales can occur anywhere within the proposed Safety Zone. However, there are a number of established locales where NSO drug sales have been occurring for many years. These areas are plagued not only by illegal drug sales activities, but other crimes that accompany them, such as murders, shootings, assaults, illegal weapons possession, loitering, riding bicycles on the sidewalk, public drug use, public intoxication, and disturbing the peace. I am informed that my colleague Ofc. John Cunnie discusses drug dealing by NSO gang members in detail in his Declaration filed with the court.. From my training, experience, and investigation to date, I also believe that NSO gang drug dealers and rat-pack robbers (discussed below) often possess and discharge firearms in public while they are committing crimes, which creates a nuisance. Drug dealers will often keep firearms on public or private property close to the location where they are actively selling drugs in order to avoid arrest for possessing firearms. The fact that drug dealers often possess and discharge firearms is public knowledge. This knowledge intimidates law abiding residents, preventing them from confronting the drug dealers and cooperating with police investigations involving members of NSO who deal drugs.. Based on some cases I have investigated, I believe that NSO gang members will use juvenile gang members or associates to sell or hold the controlled substances during sales activities, because gang members know that juveniles that are caught and prosecuted do not have the same consequences in the criminal justice system as the adult gang members that are caught and prosecuted. In addition to facilitating the commission of a crime, I also believe that this is a way for the gang to initiate and assess potential new gang members, as the juveniles are promised protection, and gain status in the gang. For example, on December, 0, around 1: p.m., I was on duty and I - 1 -

13 1 1 observed Jamar Rondell Scott, a known adult member of the NSO gang, in the area of th Street and San Pablo Avenue. This location is within the proposed Safety Zone and frequented by members of the Gaskill clique of the NSO gang. I am familiar with this location and know it to have a high level narcotics activity, as I have made several controlled substance activity investigations, detentions, and arrests at this location. I observed Scott with two black males, both approximately to years old wearing black shirts and dark blue jeans. I also observed a young black male, approximately 1- years old standing with the two older black males. The juvenile black male was subsequently identified and I will refer to him as FDK (1 years old). All three were standing in front of 1 San Pablo Avenue. I observed FDK walking back and forth several times between a large flower pot that was located near the northeast corner of the building and Lee s Doughnuts located at 1 San Pablo Avenue. FDK kept turning his attention to the flower pot while walking. I observed adult Scott s attention was focused entirely on FDK s actions. Based on my training and experience, I understood that drug dealers often hide controlled substances in obscure areas in order to prevent detection from law enforcement. As I made contact, the unidentified black male and Scott looked in my direction. I observed Scott nodding his head at FDK and ordered FDK to walk away from the flower pot. FDK walked into the doughnut store. I suspected that the actions of the unidentified black male, Scott and FDK were consistent with concealing sales activity. I walked towards Lee s Donuts at which time FDK walked out of the store and proceeded to walk away with Scott in a rapid northbound direction. I walked to the flower pot and recovered suspected marijuana in a clear plastic baggie wrapped in three layers of newspaper which was concealed within the flower pot. I detained Scott and found that he was on probation. FDK told me that Scott was his partna and that Scott looks out for him. I arrested Scott for Loitering with the intent to commit illegal drug activity, and additionally requested Scott be charged with child endangerment. RD#

14 As a patrol officer in the North Oakland sector in early March 0, I became aware of frequent calls for robberies occurring at the north Oakland area of Bushrod Park and Martin Luther King, Jr. Way. My partners and I became aware that the numerous robbery calls were frequent and had the same modus operandi. The robbery calls were extremely frequent in the north Oakland sector, and not as frequent at the west Oakland sector. Because these robberies were performed by groups of suspects swarming and usually beating the victim, we at OPD started calling them rat pack robberies. 1. Based on my training, experience, and investigation to date, I believe that younger members of the NSO are committing robberies in and around the proposed Safety Zone. This activity establishes NSO presence, and intimidation in north Oakland and various parts of Oakland. I believe that committing street robberies is a common NSO gang right of initiation. I analyzed numerous reported robberies that occurred in north Oakland from June 0 to may 0, and concluded that of those reported robberies, the rat pack style robberies which are commonly committed in or very close to the proposed Safety Zone, and were likely committed by younger members and associates of the NSO gang. I am informed that my colleague Ofc. Patrick Gerrans discusses these rat pack robberies in detail in his declaration filed with the court. D. DISCUSSION OF THE NORTH SIDE OAKLAND GANG AND IT S, ORGANIZATION AND IDENTIFYING CHARACTERISTICS. Based on knowledge gained through my continuing police work throughout Oakland, and especially in west and north Oakland, I have developed the opinion that NSO is a criminal street gang. In this section of my declaration, I give an overview of the gang, its organization, and identifying characteristics. 1. NSO s Organization and Structure. Based on investigation performed to date, I believe that there are currently at least adult and three juvenile members of the NSO gang. - -

15 1 1. NSO is not highly structured; it does not have a formal hierarchy like other more organized gangs. This is not uncommon for modern-day urban black/african- American street gangs in Northern California. Nevertheless, the gang does have more senior members who occasionally give orders to other gang members. From what I know, the gang does not have a business address or mailing address.. Gang members tend to communicate by word of mouth, by telephone, by internet pages, or by text messages. Word travels quickly within the gang. The kind of news they communicate with each other might involve a call for assistance against a rival gang, a warning that a rival gang is coming to shoot them or the police coming to arrest them. If they don't communicate, they could suffer violent recourse from a rival or get arrested by the police. So North Side Oakland, like any street gang, does a great job of communicating news within itself.. NSO s membership is continually evolving as new members join and gain seniority. NSO gang members recruit persons living in its claimed turf, have relatives living in the claimed turf, or who gang members meet at school.. Before being accepted in to NSO, a potential member proves himself by committing less serious crimes. A common NSO rite of passage is to have young kids act as lookouts for drug sales, or to have them hold or run drugs so the senior NSO member is difficult to connect to the crime. I ve given a few examples of that in my Declaration (above). NSO youth also have been committing street robberies as a way of gaining status within the NSO gang. New members also spread and claims NSO s territory by marking graffiti. Gang members increase their status with the gang through any act, usually criminal, that benefits the gang. Committing crimes solidifies the gang s claim to its turf, and its supports its monopoly selling drugs in the turf. It also increases the gang s profile within the community. - -

16 1 1. Identifying The NSO Criminal Street Gang. The NSO gang is known by a number of names, all of which have references to the north (north Oakland), cold imagery, or the numbered streets which pass through their turf. The most common names besides NSO (North Side Oakland) include Polar Bears, Ice City, North Oakland, North Pole, or : -- (referring to the 0 s, 0 s and 0 s numbered streets in NSO gang territory).. A clique is a subset of a gang. Some of the cliques that are part of NSO are ASAP, Bushrod, Cold Gunnaz, Fuck That (FT), Gaskill Maniacs or Gaskills, 00 FAM (family) (00 block th and 1 st Street that border Bushrod Park,), Wake Up Boys (WUB in the block of rd Street), 0 (referring to the 1 st Street that border Bushrod Park), Circle Boys, Swag Team ( rd Street and Market Street). These clique names identify with the neighborhood within north Oakland where many of the members hang out at or commit their crimes in. NSO clique members often socialize or commit crimes with other NSO clique members. NSO cliques commit homicides, batteries, and assaults in retaliation for attacks on members of other NSO cliques. 0. NSO cliques are currently friendly to each other and have developed an alliance amongst each other. NSO gang graffiti, photos, clothing and tattoos frequently combines NSO and other umbrella names such as Ice City with the name of one or more cliques. I have also seen graffiti, photos, tattoos, and clothing and heard rap songs which reference cool nites, which means that the NSO cliques are all cool with each other and not fighting. The alliance of all the cliques under the NSO umbrella is also made very clear by the fact that different NSO clique members are frequently detained or arrested together. 1. NSO gang members identify themselves and their membership in NSO by marking NSO turf with graffiti vandalism. Graffiti literally marks NSO s claimed sphere of control to inform rival gangs of their territory and to instill fear in and intimidate residents - -

17 of the area. The graffiti is a public nuisance that creates visual blight, diminishes property values, and is a burden on resident and public finances arising from clean up costs.. Commonly seen graffiti, photos, clothing and tattoos which include the NSO name, Ice City, Polar Bears, -- and one or more NSO clique names. I know that the NSO gang and their cliques sometimes use illustrations of polar bears because polar bears are associated with the North Pole. The gang will also use pictures of igloos, snow, or icicles on letterings that emphasize their membership in NSO.. One of the most common ways to show gang membership is to have tattoos. Tattoos will show NSO, ICE CITY, and cliques, gang moniker or nick name or territorial area like Bushrod in order to show off their allegiance to the gang and the clique. See Photo Photos A, B, C and D which are examples of NSO related tattoos. 1 1 PHOTO A BUSHROD (above) PHOTO B POLAR BEAR (right) - -

18 PHOTO C ICE (above) PHOTO D CITY (above) 1 1. NSO graffiti is also a means of communicating specific messages. I have seen graffiti at TH Street and Market Street in black lettering that read ASAP, ICE CITY. It is common to see graffiti challenging other gangs that are unfriendly with NSO, such as FUCK Active Team (Active Team is a west Oakland gang). See Photo E. PHOTO E (above). NSO members use hand signs that identify NSO and their clique to the neighborhood residents and any suspected rival gang members. This is referred to as throwing or flashing gang signs. NSO s main hand sign is to flash the little finger or pinky, ring finger and index finger are up, with the ring finger and the index finger touching to form an upper case N for north. The middle finger and the thumb are touching, - -

19 forming the letter O for Oakland. See Photos F and G. 1 1 PHOTO F N and O handsign (above). NSO gang members clothing, which is described in more detail below, has distinct markings, but it is not visible from all angles, unlike wearing certain colors. (See Photo H.(right)) NSO gang members do not emphasize or claim a specific color for their clothing.. Using hand signs as method of showing NSO gang affiliation is convenient because it is more difficult for police to detect, and can be targeted a particular persons when accompanied with eye contact. As shown in PHOTO I (right). throwing hand signs is a way to show unity. PHOTO G N and O handsign (above). Another distinct practice of NSO members is to wear certain clothing, such - -

20 1 1 as hats, shirts, or sweatshirts decorated with embroidery or silk screening that depict gang names or members. These are often custom-made clothing. For example, and ASAP clique member will wear an Oakland A s baseball hat, with additional letters embroidered on the hat. A good example is adding S.A..P. next to the A s logo. See PHOTO J (right).. NSO members are primarily African-American males, with a few exceptions (there is a family of asian brothers who are established NSO gang members). There is also a clique of black female juveniles who have been developing over the last year or so called the Take Over Girlz (T.O.G.) and they are from the Bushrod area of NSO territory. I will discuss in detail at the latter portion of my declaration my experience with the Take Over Girlz... DISCUSSION OF THE NORTH SIDE OAKLAND GANG AND SOCIAL INTERNET WEBSITES 0. The Problem Solving Officers, including me, that are assigned to north Oakland have conducted suppression operations and undercover narcotic surveillances and investigations on the North Oakland gangs known as NSOs. Based on my training and experience and information, I believe that NSO gang members communicate extensively with each other and send messages to the rival gang members through electronic devices and utilize social internet websites (See PHOTO K (right)) to publish their activities and brag about their association and cliques. - -

21 This social internet websites are frequently used by NSO members and the cliques, sharing information network which allows them to keep up with or ahead of law enforcement and to keep up with rival gangs.. Most gang members brag about their association with the gang on social websites and generally will publish photos of their associations with NSO and its cliques See PHOTO L. (right). The photos published generally depict their gang affiliation through their clothing, gang graffiti and gang hand signs. Members will have on clothing depicting their corner, clique or deceased members. See Photo M (right). The gang members generally adopt common brands or styles and give them meaning related to the gang. For example, the ASAP clique wears the Oakland Athletic (A s) gear. The A on the front of the hat stands for ASAP. Many members of this clique will wear the A s baseball hat along with the street corner or NSO. Photo M also shows the quintessential NSO gang T-shirt, which includes the phrases,,, - -

22 1 1 Oakland Killa Cali, NorthPole, and an illustration of a polar bear.. Gang members will show photos of themselves (on web pages) wearing clothing or having tattoos which prominently depict deceased gang members as a means of publishing that the deceased gang member s death calls for revenge. The gang members will generally wear clothing or have tattoos with the letters RIP meaning Rest in Peace and the deceased gang member s name, such as RIP Doobie. See PHOTO N. (right) Charles Fort, also known as Doobie was known as a prominent member of the NSO clique, Gaskill. Fort was murdered on July 1, 0 after being involved in a verbal argument with an unknown person at a house party in Berkeley, California. Charles Fort returned home to Oakland and was fatally shot in front of his residence.. As with tattoos, it is popular among NSO members to wear a t-shirt with a photo of a dead gang member and various memorial messages printed on it. A deceased member that will often be depicted on the MySpace photos, clothing or tattoos is Stevie Bailey. March, 0, Stevie Bailey was murdered in Emeryville. The photos, tattoos and social websites will generally have Bailey s picture, RIP and Gaskill s Finest depicted. Bailey was a member of the Photo O (below) ASAP/Gaskill clique of NSO. Members of the NSO cliques, Ice City, FT and ASAP will - -

23 1 1 often wear RIP Lil Stevie clothing and or will have RIP Lil Stevie tattoos. See PHOTOS O (prior page) and P (right).. Another deceased member being depicted with clothing, tattoos or included in their social website is that of Nguyen Ngo. See PHOTOS Q (right), R and S. On April, 0, Nguyen Ngo was fatally shot at the 00 block of th Street, Oakland. His brother, Bao Ngo was also shot during that incident and survived. Both Ngo brothers claim membership with the NSO clique FT/ASAP. Members will be depicted with tattoos or clothing showing RIP Nguyen or ASAP in Peace Docta Nguyen, Free Nguyen or Free Nug. PHOTO R (right) PHOTO S (far rt.). The photos depicting the gang members gang association with the RIP insignias generally indicate to Free Nguyen or Free the deceased gang member s name. The gang members use the term Free meaning to seek revenge or to post challenges to rival gang members. See PHOTO T. - -

24 1 1 PHOTO T (above). The NSO gang members and associates will post photos of gang graffiti tags, tattoos, weapons and narcotics on internet social websites. The webpages depict gang members with their guns, sometimes with a tag stating We Stay Active meaning gang members will avenge any shootings of their fellow gang members, or just to announce that they are ready to commit violent crimes. These postings are used to challenge rival gang members and to communicate with rival gang members that the NSO gang will seek revenge. See PHOTO U. PHOTO U (right) - -

25 1 1. The gang members generally publish photos of themselves and their associates throwing gang hand signs See PHOTOS V (right) and W. During my field police work contacting gang members, and research of the NSO gang on the social websites, I have become extremely familiar with the NSO and its cliques hand signs that its members display. I have seen the same handsigns displayed by NSO gang members outside in the public streets and sidewalks as a means of identifying themselves as gang members or associates. PHOTO W (right) 0. The gang hand signs range from holding up numbers that represent their respective neighborhoods. For example, gang members - -

26 will hold up the number for the numbered streets in the forties (0- ) in North Oakland. For the clique FT or Fuck That, the members display the middle finger down and thumb extended sideways.. See PHOTOS W and X. Photo W (right) shows NSO gang member Sam Flowers, showing the handsign for the Fuck That clique. He is in custody and charged with three counts of murder that took place on May, PHOTO Y (above) 1. In an incident which occurred on March, 0, I was on duty working with my partner Officer. R. McMillan. In the 00 block of Telegraph Avenue, we were flagged down by passing citizens of a fight that was occurring at th and Telegraph at the McDonalds. Upon our arrival at the McDonalds, I observed a large group of female juveniles standing at the bus stop at th and Telegraph Avenue. Immediately as we - -

27 1 1 pulled up, a Black female yelled these bitches jumped me and took my I-pod. As we attempted to get the information regarding the robbery, the victim refused to talk about the incident after another black female yelled to the victim Don t say shit to none of them motherfuckers, referring to the police. Then they walked away and got into a silver sedan and drove southbound on Telegraph. About - minutes later, at approximately :0 p.m., we responded to 0 th and Telegraph in order to assist units with a fight with a large amount of female juveniles. I observed that the same group of Black female juveniles that were at th and Telegraph Avenue were now at 0 th and Telegraph fighting in a group of 0-0 other black females. As we broke up the fight one of them pushed me. I found that one of them committed a robbery during the initial fight. During this incident, I received information that the girls were involved in a north Oakland gang.. RD# 0-0. During later investigation on an online social website, I located photos of some of the same female suspects arrested for fighting on March, 0. These same black female juveniles have identified themselves as part of the TOG (Take Over Girlz) which is a female clique of the NSO. The members of the Take Over Girlz were flashing NSO gang hand signs on the internet social web sites. See PHOTO Z (below) the TOG members are throwing FT hand signs which mean Fuck That which is a clique of the NSO gang. We do not have sufficient information at this time to present to the court on TOG, but are continuing our investigation. PHOTO Z (right) with caption T.O.G. Stay Rockin Moo-Moo and Natay - -

28 1 1. Examples of clique hand signs are ASAP (the letter A shown by the index and middle finger extending downward, and the tip of the thumb in between, with the ring and pinky folded up). See PHOTOS AA and BB. Some of the gang members will also flash a hand sign that represents north Oakland the middle finger and thumb will connect in the middle of the hand, the pointer finger and ring finger will connect and the pinky finger will remain extended which forms an uppercase letter N and the middle finger and thumb connect to form an O. In my opinion, it is generally displayed in combination with a hand sign for the member s respective clique. PHOTO AA (above) and BB (below) showing the ASAP and FT handsigns. - -

29 1 1. Based on my training, experience, and investigation to date, it is my opinion that the publication of their photos wearing NSO paraphernalia such as (clothing), photos of gang associates wearing gang paraphernalia, photos of gang graffiti, gang tattoos, photos of gang members throwing gang hand signs are evidence of active participation in a criminal street gang known as the NSOs and the cliques. This physical evidence obtained on the social network websites show their commitment to the gang and gang culture.. During the course of my research and investigations on the social internet websites, gang members will depict individuals throwing gang signs at an opposing rival gang or will even post rap songs that will disrespect the rival gangs in order to promote their gang and provoke or challenge a violent response or retaliation from rival gangs.. The internet-based social networking sites also allow users to post audio tracks and songs. I have listened to a number of these rap songs that were posted on NSO gang related web profiles, and found that their lyrics often glorify the NSO gang and its criminal activities, and insult its rivals. Some of these songs are sold on Compact Discs and gang members also take their proceeds and purchase studio time in order to promote and glorify NSO and their clique through rap songs and videos. These rap songs and videos are used as a recruitment tool glorifying NSO and its cliques. Rap songs glorify and promote allegiance to the NSO as transcribed in attached Exhibit (the rap Ice City Cold Nights ). They also use videos on websites to throw challenges and seek revenge to rival gangs, attached Exhibit (the rap FUCK ICE CITY ). Exhibits and are transcriptions of the songs which are accurate, to the best of my ability to understand the words spoke in them. a. The rap song Ice City Cold Nights (Exhibit attached at the end of this Declaration) is posted on a social networking webpage of Ice City Records We Tha Best. It glorifies Ice City and the ASAP, FT, Cold Gunnaz, and Gaskill cliques of - -

30 1 1 the NSO gang, as well as the Circle Boys gang from west Oakland who NSO is currently friendly with. The song has references to dead NSO gang members Stevie, Rob Ben, and Doobie. It also praises committing shootings and murders, stating that Ice City members will kill rivals of Active Team on sight. b. The rap song FUCK ICE CITY (Exhibit attached at the end of this Declaration) is posted on another social networking webpage. According to information contained on the page, it was posted on July, 0, which was toward the end of a bloody spring and summer where there were about a dozen shootings and murders back and forth between NSO members and gangs in Berkeley. It very directly says it is a message from South Berkeley to the NSO gang that they have shot and will shoot at NSO gang members. It is captioned South Berkeley Getting Active which challenges and insults Ice City, the Bushrod clique and all of north Oakland and ends with the caption Fuck You Bitch Ass Ice City Niggaz. Comments are posted on the video which are further insults and challenges back and forth between Berkeley and Ice City. I have included footnotes on Exhibit to the lyrics explaining the meaning of slang terms.. Publishing this physical evidence on social network websites is done to enhance the reputation of the gang or the gang member and a way to promote songs and make money. Gang members who have profiles on internet social networking sites have friends who are linked with their profile. Friends can view the profile postings and also can post comments. The postings by NSO gang members on internet social networking sites is clearly a significant way for gang members and associates to communicate with themselves and to rivals.. The gang s strength within the community at large, and within the gang peers and rivals, comes from that community s perception of the gang. It is my opinion that the community s fear of the gang eases the gang s ability to conduct illegal activities within the - 0 -

31 1 community because people will be reluctant to report crime and/or cooperate with law enforcement for fear of violent retaliation. For the individual gang member committing the crime, it increases their reputation with the gangs. Fellow gang members will hear about the violent incident and know that the gang member is willing to be violent for the benefit of the gang. It is my opinion that having gang members with substantial personal wealth benefits the gang in a recruitment aspect in that the wealth impresses potential members who are attracted to the get-rich quick lifestyle that the gang offers. See PHOTO CC (RIGHT) taken from a social networking webpage. 1 E. IDENTIFICATION OF INDIVIDUAL NSO GANG MEMBERS. Based on several factors, my training, experience, and investigation to date, it is my opinion that the following persons are active members of the NSO criminal street gang. Factors which I have taken into account in reaching these conclusions include selfadmission, identification by others including: rival gang members informants, and other law enforcement agencies, criminal acts history (including the type and location of criminal acts), association with known members of the NSO gang, frequenting gang territory, the wearing of gang clothing and tattoos, and possession of gang graffiti on personal property. This is the same criteria used by law enforcement officers throughout the State of California to identify gang members. 0. I consider admissions of membership by individuals to law enforcement to be reliable evidence of their membership in a gang. If a non-member falsely claims - 1 -

32 1 1 membership in the gang, actual members would retaliate against the non-member. So if someone claims membership in the NSO gang, I take that as a strong indication the he or she is a member. 1. When a person is identified as a gang member by other people, it indicates to me that the person has been known to associate with other gang members or do crimes for the gang. This is a serious allegation to make about another person, so it is a significant factor in determining if a person is a gang member.. A person s individual criminal history is also important in determining that person s membership in a gang. I review the person s history to see what crimes he has committed, where the crimes were committed, with whom, if anyone, he committed his crimes with, if he made any gang-related statements to victims, witnesses, or suspects, or if he was wearing any gang-related clothing. I also review that person s criminal convictions. If the person committed the crime in the gang s turf, and/or the crime promoted the gang s reputation, or the intended victim of the crime was a rival gang member, I consider this to be evidence of the person s gang membership. Drug dealing crimes are especially indicative of gang membership, as a non-gang member seller would expose himself to being assaulted or killed while selling drugs in the gang s territory.. A person s association with other known gang members is another important factor in my analysis of whether he or she is a gang member. Gang members will generally associate with other members of their own gang and gangs which their gang has an alliance because they trust these other gang members. This is common in drug dealing, when the roles of soliciting a sale, holding drugs, holding money, and acting as a lookout are divided among multiple people. Gang members will also generally associate with each other in their claimed territory because they feel safe there. Therefore, if an individual is seen associating with other known members of the NSO gang, in NSO territory, I consider this to be evidence of the individual s membership in the gang. - -

33 1 1. Gang tattoos are another factor I consider when determining whether a person is a gang member. A tattoo is a permanent mark, and signifies a permanent commitment to the gang. Moreover, within the gang culture, non-members are not permitted to wear tattoos of the gang on their bodies without fear of retaliation by gang members. Consequently, if an individual wears a tattoo of NSO, I consider this to be very strong evidence of that individual s membership status in NSO.. The wearing of clothing with identifying gang marks is another important factor I consider in determining whether a person is a gang member. Gang clothing worn by NSO members is somewhat unique. The NSO gang does not claim any particular color. Instead, NSO members have distinct ways of marking their clothing, such as having them silkscreened with photos or graphics depicting words including, but not limited to, NSO, North Pole, --, Ice City, North Pole, RIP Doobie, RIP Stevie, RIP Rob Ben, and Polar Bears. Wearing NSO clothing shows allegiance and membership in a gang. Also, wearing NSO gang clothing in public would make the person an identifiable target for rival gang members. Therefore, I consider persons wearing NSO gang clothing as evidence that they are members of the gang.. I also consider whether a person is depicted in any gang photos, with other known members of the gang, flashing gang hand signs, showing gang tattoos, and/or brandishing weapons or drugs. It is very common for NSO members to keep and display photos showing their pride in their gang membership.. I have been asked to offer an opinion as to whether certain named individuals are members, associates, or affiliates of the defendant NSO gang. As discussed below (including reference (shown below as summaries based on information and belief formed after reading crime reports, other police records, any my investigations to date) to some of the evidence specific to each gang members that I used to form my opinion), the following are documented active adult members of the NSO criminal street - -

34 gang: 1 1 Chanzae Johnson Roy Johnson, Jr.. Chanzae Asher JOHNSON ( Little Zae ): I know of Chanzae JOHNSON through personal contacts as a police officer, a review of his criminal history, arrest reports, reports of contacts with Oakland and Berkeley Police, and photographs. Based on my training and experience, it is my opinion that Chanzae Johnson is an active member of the NSO criminal street gang. a. Chanzae Johnson has the following felony conviction: Health & Safety ( H&S ), 1. H&S, 0.1(a) H&S (possession of marijuana for sales and of prescription drugs) June, 0, Docket Number : 0 (Associated Docket Number: ) b. JOHNSON is known by the moniker Little Zae and Zae. c. JOHNSON has a tattoo on his arm: Little Zae. d. Johnson has admitted his membership in the ASAP clique of the NSO gang. e. On January, 0 around : p.m., Chanzae Johnson was issued a citation by police for loitering for the purpose of drug activity (Health and Safety Code section 1) at 01 rd Street, which is NSO gang territory and located in the proposed Safety Zone. FC# , paragraph of the Declaration of Ofc. Worcester, Curtis f. On January, 0 at :0 p.m., police contacted Chanzae Johnson, who was in a car with documented NSO members Rafael Duarte and Andre Wash in the 00 block of 0 th St, which is within the proposed Safety Zone. All three were in a car Unless otherwise specified, all Docket Number references are to the Alameda County Superior Court criminal case number. - -

35 1 1 ran a stop sign. The inside of the car smelled strongly of burnt marijuana. FC# 0-00, paragraph of the Declaration of Ofc Borjeson, Chad g. On February, 0 around :0 p.m., police contacted Chanzae Johnson along with documented NSO gang members Terrance Biser (on probation for possession of narcotics) and Doran Williams (on parole for sales of narcotics) at th and Adeline Streets for a suspected narcotic transaction. FC# 0-00, paragraph of the Declaration of Ofc Borjeson, Chad. th St and Adeline is within the proposed Safety Zone. h. On June,, 0 at :00 p.m., Chanzae Johnson was contacted twice by the police in the same day for loitering and gambling in the 000 block of West St. FC# 0-01, paragraph of the Declaration of Ofc. McMillan, Robert. The 000 block of West St. is outside of the proposed Safety Zone. However, the 000 block of West Street is in Ghost Town gang territory and has a heavy incidence in street drug sales. Some Ghost Town and NSO members associate together. i. On August, 0 around :0 p.m., I was on duty and detained Chanzae Johnson for gambling and narcotic activity in the 0 block of Apgar Street, which is within the proposed Safety Zone. FC# 0-0 j. On November, 0 around :0 a.m., police detained Chanzae Johnson for loitering at Apgar and West Streets, which is within the proposed Safety Zone. FC# 0-00, paragraph of the Declaration of Ofc Lau, Wilson k. On November, 0 around : p.m. police conducted a probation search on Chanzae Johnson, who was loitering in the 00 block of Martin Luther King Jr. Way, which is a known drug dealing location and within the proposed safety zone. Police found four ziplock bags of marijuana and U.S. currency, and arrested Chanzae Johnson for possession of marijuana for sales. RD# 0-0, paragraph of the Declaration of Ofc. Holton, Rochard - -

36 1 1 l. On August, 0 around : p.m., police made contact with Chanzae Johnson, who was loitering in the 00 block of th Street with a documented juvenile member of the ASAP clique of the NSO gang I will refer to as N.N ( year old male). Johnson was on probation. FC#0-0, paragraph of the Declaration of Ofc. Garcia, Cesar m. On November, 0 around :0 p.m., police responded to a citizen complaint of drug activity and contacted Chanzae Johnson at th Street and West Street while investigating a report of narcotics sales. FC#0-0, paragraph of the Declaration of Ofc Hernandez, Brian. This location is within the Safety Zone and known for drug sales activity by the ASAP and FT cliques of the NSO gang. n. On March, 0 around :0 p.m., police contacted Chanzae Johnson at Apgar Street and West Street while investigating a report of narcotics sales. FC# 0-00, paragraph of the Declaration of Ofc. Nieves, Francisco. This location within the Safety Zone and is known for drug sales activity by the ASAP and FT cliques of the NSO gang. o. On May 1, 0 around :0 p.m., police detained Chanzae Johnson in the 00 block of Adeline Street, which is within the proposed Safety Zone. Chanzae Johnson was found in possession of codeine without a prescription and arrested. Police then relocated to Helen Street and performed a probation search of Chanzae Johnson s residence. Documented NSO gang members Dillard Derris and Ramel Andrews watched the initial police contact while standing at th Street and Adeline. They then followed police Chanzae Johnson s home at Helen Court for the probation search. RD# 0-0, paragraph gg of the Expert Declaration of Ofc. Cunnie, John and paragraph 0e of the Expert Declaration of Gerrans, Patrick. - -

37 1 1 p. On June, 0, Berkeley Police executed a search warrant at Market Street, the residence of NSO gang member Derris Dillard. Police had observed NSO gang member Ramel Andrews selling marijuana to an individual in front of the residence. Chanzae Johnson and Dillard were detained after exiting and then driving away from the residence. Dillard was arrested for possession of a firearm and possession of a significant amount of marijuana. Berkeley Police Department Report # 0-, paragraph of the Declaration of Berkeley Police Detective Chu #. The 00 block of Market Street is within the proposed Safety Zone.. Roy Michael Johnson Jr.: I know of Roy Johnson through personal contacts as a police officer, a review of his criminal history, arrest reports, reports of contacts with OPD and Berkeley Police Department, and photographs. Based on my training, knowledge and experience, it is my opinion that Roy Johnson is an active member of the NSO criminal gang and is a more respected member of the gang. a. Roy Michael Johnson, Jr. has a felony conviction for 10(b) Penal Code (possession of an assault weapon) Jun01 - Docket Number A. He also has a felony conviction for a felony charge for 0(a)Health & Safety (sale of marijuana) // - Docket Number: 0. b. Johnson has the following tattoos on his body: 1. Inner left forearm: Lil Mike and NSO. Inner right forearm: North Oakland 0 and 0 in larger numbers. Back: COLD with a graphic of a skull with crossed handguns c. I believe that North Oakland and NSO signify JOHNSON s membership in the North Side Oakland gang, as NSO is a common acronym for North Side Oakland. Lil Mike is Johnson s gang moniker. I know that 0 signifies the specific block Johnson represents within the NSO gang. Johnson s residence is located on nd Street near - -

38 the 0 block of Market Street, which is established NSO gang territory. COLD with the crossed handguns means Cold Gunnaz which is a nickname of the Bushrod clique of the NSO street gang. True and correct copies of photographs of Roy Johnson, Jr. s tattoos are attached hereto as Photos DD (right), EE, and FF. 1 1 PHOTO EE of Roy Johnson, Jr. (above) PHOTO FF of Roy Johnson, Jr. (above) - -

39 1 1 d. On June, 01 around : p.m., Roy Johnson, Jr.was arrested for possession of cocaine base for sale and possession of a firearm at Stanford and King St, which is within the proposed Safety Zone. Stanford and King St is a historic spot for street drug sales in Berkeley. Johnson was convicted of a felony and placed on probation. Berkeley Police Department Report # 01-0, paragraph of the Declaration of Berkeley Police Sgt. Lindenau, Craig. e. On September, 01 around :0 p.m., Roy Johnson, Jr.was arrested for possession of stolen property at 0 th and Genoa St, which is within the proposed Safety Zone. Berkeley Police Department Report # 01-, paragraph of the Declaration of Berkeley Police Sgt. Lindenau, Craig. f. On March 1, 0, Berkeley Police executed a search warrant at Roy Johnson Jr. s residence on nd Street in Oakland. Johnson was arrested for possession of narcotics and a felon possessing a firearm. Berkeley Police Department Report # 0-1, paragraph of the Declaration of Berkeley Police Sgt. Wilson, Brian g. On August 1, 0 around : p.m., Berkeley Police conducted a probation search at Roy Johnson Jr. s residence at nd Street, which is within the proposed Safety Zone. Documented NSO gang member Brian Downing was present at the time of the search and was arrested for a felony warrant. Berkeley Police Department Report # 0-, paragraph of the Declaration of Berkeley Police Sgt. Wilson, Brian h. On June, 0 around : p.m., Roy Johnson, Jr was arrested after selling cocaine base at nd Street, across the street from his house, which is within the proposed Safety Zone. Johnson s probation from his conviction for the June, 01 possession of narcotics and a firearm was revoked, and he was sentenced to months in prison. RD# 0-0, paragraph of the Declaration of Ofc. Koster, John - -

40 1 1 i. On May, 0 at around :0 p.m., Roy Johnson Jr. s residence at nd Street was shot at by persons in two vehicles. Witnesses reported they heard up to gun shots, and several expended assault rifle bullet casings were recovered from the front of the residence. The residence was struck twice during the incident. Roy Johnson, Sr. who was home when the shooting occurred, admitted it was gang related. RD# 0-0, paragraph of the Declaration of Ofc. Krump, Jennifer This incident was the seventh murder or shooting since April, 0 in a series of retaliatory shootings between the North Oakland gang members and rival gangs. Both Roy Johnson and his brother Patrick Johnson are NSO gang members who live at this address. j. On August, 0 around : p.m., Roy Johnson, Jr was arrested for selling marijuana to an undercover officer at the corner of th and Market Streets, which is in the proposed Safety Zone. I am informed that the charges are pending and that a preliminary hearing is scheduled for February. RD# 0-0, paragraph of the Declaration of Ofc. Holton, Rochard F. NSO s QUALIFICATIONS AS A CRIMINAL STREET GANG 0. The NSO gang qualifies as a criminal street gang under the definition set forth in California Penal Code section., the Street Terrorism Enforcement and prevention Act ( STEP Act ) because the NSO gang is an on-going association of three or more persons (approximately adult members) having as one of its primary activities the commission of certain felonies listed in section.(e) including murder, attempted murder, ADW (assault with a deadly weapon or by means of force likely to produce great bodily injury), shooting a firearm at an occupied structures or motor vehicles, robbery, GTA (grand theft auto), burglary, criminal threats, felony vandalism (graffiti), witness and victim intimidation, various gun violations including possession of a concealed and/or loaded firearm or a felon in possession of a firearm or ammunition, and narcotics - 0 -

41 1 1 trafficking (illegal sales of controlled substances), having a common name (NSO), whose members individually or collectively engage in a pattern of criminal gang activity, which is defined in section.(e) as the commission or attempted commission of one or more predicate crimes. 1. The Penal Code only requires that a group of people who meet all the other requirements ( or more members, on-going existence, common name, etc) only need to have committed two predicate crimes to be classified as a criminal street gang. In section E of my declaration (above), I have identified five convictions against NSO gang members. I am also aware of many more felony convictions against other NSO gang members, which I believe are discussed in the expert declarations of my colleagues Sgt. Ortiz, Ofc. Gerrans, and Ofc. Cunnie. In addition, Section E of my declaration described dozens of other nuisance activities committed by NSO gang members.. I have been informed by one opinion published by the California Court of Appeal, People v. Englebrecht, stated that for the purpose of a gang abatement injunction, a criminal street gang is the same as defined by the STEP Act, with the modification that the group have as one of its primary activities, not the commission of enumerated crimes, but rather the commission of the acts constituting the public nuisance. And whose members individually or collectively engage in not necessarily a pattern of criminal activity, but rather a pattern of activity amounting to the public nuisance. I am further informed that a nuisance is defined in Civil Code section as [a]nything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction of the free use of property, so as to interfere with the comfortable enjoyment of life or property, or lawfully obstructs the free passage or use, in the customary manner, of... any public park, square, street, or highway, is a nuisance ; and a public nuisance is defined in Civil Code section 0 as [a nuisance] which affects at the same time an entire community - 1 -

42 1 1 or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.. In my opinion, NSO qualifies as a criminal street gang under the language in People v. Englebrecht (quoted above), because all the same activities which qualify NSO as a criminal street gang under the STEP Act, such as murder, attempted murder, ADW, robbery, GTA, burglary, criminal threats, felony vandalism (graffiti), witness and victim intimidation, and drug trafficking (illegal sales of controlled substances), also qualify NSO as a criminal street gang for the purpose of a gang abatement injunction because those criminal activities as done by NSO amount to a public nuisance in that they interfere with the community s comfortable enjoyment of life and of property. G. CONCLUSIONS IN SUPPORT OF A CIVIL GANG INJUNCTION AGAINST THE NSO CRIMINAL STREET GANG AND ALL ITS MEMBERS. In my opinion, based on my training, experience, and investigation to date, the NSO gang qualifies as a criminal street gang under the language in People v. Englebrecht (quoted above), because all the same activities which qualify the NSO gang as a criminal street gang under the STEP Act, such as murder, attempted murder, ADW, robbery, GTA, burglary, criminal threats, felony vandalism (graffiti), witness and victim intimidation, and narcotics trafficking (illegal sales of controlled substances), also qualify NSO as a criminal street gang for the purpose of a gang abatement injunction because those criminal activities as done by the NSO gang amount to a public nuisance in that they interfere with the community s comfortable enjoyment of life and of property. Imposition of a gang injunction against NSO gang members in the proposed Safety Zone will greatly reduce the NSO gang s significant negative impact on public safety, the ability of residents to live without fear of victimization, and significantly reduce crime in the Safety Zone. - -

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44 EXHIBIT 1 Map of the North Side Oakland Safety Zone