Felony complaint against Ly Tong

							                                 SUPERIOR COURT OF CALIFORNIA
                                    COUNTY OF SANTA CLARA
                                       SAN JOSE FACILITY

THE PEOPLE OF THE STATE OF CALIFORNIA,             |
                                        Plaintiff, |
                                                   |                FIRST AMENDED
                                                   |                FELONY COMPLAINT
                                                   |                DOCKET NO.: C1082954
                            vs.                    |                DA NO: 100717857
                                                   |
LY TONG (9/1/1948),                                |                   CEN
1990 UPHALL COURT, SAN JOSE, CA 95121              |                  10038315 LT HELD 7/23/2010
                                      Defendant(s).|
                                                   |

The undersigned is informed and believes that:

                                                 COUNT 1
On or about July 18, 2010, in the County of Santa Clara, State of California, the crime of ASSAULT
WITH A DEADLY WEAPON, in violation of PENAL CODE SECTION 245(a)(1), a Felony, was
committed by LY TONG who did commit an assault upon the person of Minh Hung Huynh (aka Dam
Vinh Hung) with a deadly weapon and instrument other than a firearm, a tear gas (aka "pepper spray").




(AADW) It is further alleged that in the commission of the offense charged above, the defendant, LY
TONG, personally used a dangerous and deadly weapon, a tear gas (aka "pepper spray"), within the
meaning of Penal Code sections 667 and 1192.7.


It is also further alleged that probation shall not be granted except in an unusual case where the interest
of justice would best be served, within the meaning of Penal Code section 1203(e)(2).




                                                 COUNT 2
On or about July 18, 2010, in the County of Santa Clara, State of California, the crime of
UNAUTHORIZED USE OF TEAR GAS, in violation of PENAL CODE SECTION 12403.7(g), a
Felony, was committed by LY TONG who did unlawfully use tear gas and a tear gas weapon.




                                                   Page 1
                                                COUNT 3
On or about July 18, 2010, in the County of Santa Clara, State of California, the crime of ALTERING
ID ON TEAR GAS WEAPON, in violation of PENAL CODE SECTION 12422, a Felony, was
committed by LY TONG who did change, alter, remove and obliterate the name of the manufacturer, the
serial number, and other mark of identification on a tear gas weapon.




                                                COUNT 4
On or about July 18, 2010, in the County of Santa Clara, State of California, the crime of WILLFUL
EMPLOYMENT OR USE OF TEAR GAS, MUSTARD GAS OR COMBINATION THEREOF IN
PUBLIC, in violation of PENAL CODE SECTION 375(a)/(d), a Felony, was committed by LY TONG
who did willfully employ and use by throwing, dropping, pouring, depositing, releasing, discharging and
exposing in, upon and about a theater, restaurant, place of business, place of amusement and place of public
assemblage, Convention Center at 5001 Great American Parkway, tear gas, mustard gas and a combination
and compound thereof, which is injurious to person and property, and is nauseous, sickening, irritating, and
offensive to any of the senses.


                                                COUNT 5
On or about July 18, 2010, in the County of Santa Clara, State of California, the crime of SECOND
DEGREE BURGLARY - ENTERING WITH INTENT TO COMMIT A FELONY, in violation of
PENAL CODE SECTION 459-460(b), a Felony, was committed by LY TONG who did enter a
building, Convention Center, located at 5001 Great American Parkway, with the intent to commit (a)
felony (ies), Unauthorized Use of Tear Gas.




                                                COUNT 6
On or about July 18, 2010, in the County of Santa Clara, State of California, the crime of RESISTING,
DELAYING, OBSTRUCTING AN OFFICER, in violation of PENAL CODE SECTION 148(a)(1), a
Misdemeanor, was committed by LY TONG who did willfully resist, delay and obstruct a(n) peace officer
in the discharge and attempt to discharge a duty of his/her office and employment.




                                                   Page 2
Any defendant, including a juvenile, who is convicted of and pleads guilty and no contest to any felony
offense, including any attempt to commit the offense, charged in this complaint or information is
required to provide buccal swab samples, right thumbprints and a full palm print impression of each
hand, and any blood specimens or other biological samples required pursuant to the DNA and Forensic
Identification Database and Data Bank Act of 1998 and Penal Code section 296, et seq.




Further, attached and incorporated by reference are official reports and documents of a law enforcement
agency which the complainant believes establish probable cause for the pretrial restraint of defendant
LY TONG, for the above-listed crimes.




Complainant therefore requests that the defendant(s) be dealt with according to law.
I certify under penalty of perjury that the above is true and correct.
Executed on July 22, 2010, in SANTA CLARA County, California.



                                                      Gilbert K71
                                                     ( Lutz L1698 )
                                                     SCPD (408) 615-4800 108373 ***
                                                     GOGO/ D438/ FELONY/ mw




                                                   Page 3
                  FIRST AMENDED COMPLAINT
                            TONG
                  DISTRICT ATTORNEY CASE STATUS REPORT

File No: 100717857
Facility: SAN JOSE FACILITY                Docket No: C1082954
Arresting Agency: SANTA CLARA POLICE DEPARTMENT      Officer: LUTZ

 1.    Defendant:Ly Tong                                 CEN: 10038315

       Charges: PC245(a)(1), PC12403.7(g), PC12422, PC375(a)/(d), PC459-460(b), PC148(a)(1)



       Lab No.:            BA%:                Drugs:

       Defense Attorney:

                                                             Offense Date: 7/18/2010
Priors:                           Cite No:                   Date:
DMV/SUSP:                         OFCN No: 108373            Date:
FBI:                              CII:                       Div:

Time Est:                         Offer:                     Review:

DATE                                                                              DEPUTY
                           SUPERIOR COURT OF CALIFORNIA
                                   San Jose Facility

THE PEOPLE OF THE STATE OF CALIFORNIA,             |
                                        Plaintiff, |
                                                   |     FIRST AMENDED
                                                   |     FELONY COMPLAINT
                                                   |     DOCKET NO.: C1082954
                            vs.                    |     DA NO: 100717857
                                                   |
LY TONG (9/1/1948),                                |        CEN
1990 UPHALL COURT, SAN JOSE, CA 95121              |       10038315 LT HELD 7/23/2010
                                      Defendant(s).|
                                                   |


                                CASE SUMMARY

Count   Charge         Charge Range   Defendant   Allegation     Alleg. Effect
1       PC245(a)(1)    2-3-4          LY TONG     PC667/1192.7

2       PC12403.7(g)   16-2-3         LY TONG

3       PC12422                       LY TONG

4       PC375(a)/(d)                  LY TONG

5       PC459-460(b)   16-2-3         LY TONG

6       PC148(a)(1)                   LY TONG