JOHN A (PDF) by hedongchenchen

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									 1 Safety Zone (paragraphs 21 to 77h); (D) the NSO gang’s activities, culture, and values

 2 (paragraphs 78 to 91); (E) the NSO’s qualification as a criminal street gang (paragraphs

 3 92 to 95); (F) the identification of specific gang members (paragraphs 96 to 109m); and

 4 (G) my conclusions in support of injunctive relief against the NSO criminal street gang and

 5 all of its members (paragraphs 110 to 111).

 6              A. SPECIAL EXPERIENCE, EDUCATION, AND EXPERTISE REGARDING

 7                         CRIMINAL STREET GANGS AND GANG MEMBERS

 8         1.     I am a sworn California Law Enforcement officer employed by the Oakland

 9 Police Department. I make this declaration in support of the People’s request for a gang

10 injunction and other relief against the North Side Oakland (NSO) criminal street gang

11 within a proposed Safety Zone, located in the City of Oakland.

12         2.     In this Declaration, except where I state something to be based on my

13 personal observations, I am stating my opinion as a gang expert, or am referring to

14 information that I used to form my opinions. The information I used to form my opinions on

15 the NSO criminal street gang includes discussions with other law enforcement officers

16 including other gang experts, conversations I have had with members, associates, and

17 affiliates of the NSO criminal street gang, conversations I have had with non-gang

18 members who live and work in the community, and my review of police records, internet

19 materials, music, documentaries, and a review of criminal records of gang members.

20         3.     I am currently employed as a police officer with the Oakland Police

21 Department. I have been so employed as a peace officer since November 17, 2006. My

22 current assignment is as a Problem Solving Officer for Area 1, District 2, which covers the

23 physical area of the proposed Safety Zone.

24         4.     I have a Bachelor of Arts degree in Economics from California State

25 University, Fresno, California.

26         5.     For the opinions about NSO that I discuss in this declaration, I have also


                                            -2-
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1 drawn on my personal experience as a police officer performing gang and controlled

 2 substance enforcement especially working as a Problem Solving Officer in North Oakland.

 3 Many of the assignments I had at OPD have directly involved investigating the North Side

 4 Oakland gangs and gang members and their criminal activity.

 5         6.     My work investigating gangs involves gathering intelligence on criminal street

 6 gangs, including the number and names of gang members, gang trends, the gang’s

 7 method of operation, gang terminology, and the gang’s turf, rivalries, alliances, tattoos,

 8 graffiti, and clothing. I have had numerous direct contacts with gang members and their

 9 rivals through traffic stops, pedestrian stops, consensual encounters, preliminary

10 investigations and follow up investigations involving gang members as victims or suspects,

11 and through parole and probation compliance investigations. I have spoken directly with

12 gang members almost every day I have been on duty investigating gang crimes and

13 activities. I have participated in over 50 investigations involving gang members.

14         7.     As an officer familiar with the NSO and gang investigations, I have taught

15 OPD officers assigned to patrol in North Oakland, OPD specialized units, and OPD

16 Criminal Investigations Division commanders and staff on the NSO gang and gang culture.

17 I have also trained officers from the Berkeley Police Department on awareness and

18 identification of the NSO gang and gang culture.

19         8.     My duties include identifying and photographing active gang members and

20 graffiti, tracking gang members and their activities, working with area detectives in solving

21 gang related crimes and conducting preliminary investigations concerning gang related

22 crimes, specifically tracking gang related robberies and controlled substance activities. I

23 obtain information about the NSO criminal street gang and its activities by conducting

24 custodial and non-custodial interviews with gang members, associates, and affiliates, rival

25 gang members, members of the community, other OPD officers, other law enforcement

26 representatives, and by reviewing crime reports involving gang-related and gang-involved


                                            -3-
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1 incidents such as robbery trends that are gang related. I also obtain information about the

 2 NSO gang and its activities from evidence obtained during search warrant services,

 3 probation and parole searches, and searches for gang-related documentation on the

 4 internet.

 5         9.      I have received approximately 83 hours of training in relation to investigating

 6 crimes, including interviewing and interrogation techniques. While in the Special

 7 Resources Division, I have been assigned nine criminal cases to investigate as the lead

 8 investigator.

 9         10.     I have received training about criminal street gangs from other Law

10 Enforcement agencies, including gang identification and documentation and training in

11 identifying gangs in general, specifically black gangs, social networking websites

12 connection with gang activity, gathering documentation to create files on individual gang

13 members to document their criminal activities and verifying the existence of a gang.

14         11.     I received training related testifying as a gang expert in Court and internet-

15 based databases and networking sites from the San Francisco Police Department Gang

16 Task Force.

17         12.     I received 40 hours of training from the California Gang Investigations

18 Association (CGIA) at the annual gang conference from July 21, 2009 to July 24, 2009.

19         13.     I received 16 hours of training on the topic of Criminal Street Gangs

20 presented by Multi-jurisdictional Counter drug Task Force from Moses Robinson,

21 Rochester Police Department and the New York City Schools Police Department.

22         14.     I have received training as a police officer relating to the investigation and

23 identification of gangs and narcotics trafficking and ongoing training from my supervisor,

24 Sgt. Bernard Ortiz and 12 hours of training on narcotics and street drugs at the police

25 academy.

26         15.     I received approximately 92 hours of training in the detection, recognition


                                            -4-
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1 and investigation of narcotics and controlled substances. My training included knowledge

 2 of controlled substances that are commonly abused on the streets of Oakland. I learned

 3 to recognize the substances, common packaging for transportation, paraphernalia used to

 4 ingest narcotics, and drug symptoms. I have spoken to over 500 persons who use and

 5 sell narcotics and other controlled substances. I have been involved the investigation of

 6 over 500 incidents relating to narcotics activity, possession and possession for sale of

 7 narcotics, sales of narcotics and other controlled substances and possession of stolen

 8 property. I am familiar with the appearance, packaging, use and sales methods of

 9 narcotics and other controlled substances. My narcotics training and experience helped

10 me better understand criminal street gangs and gang members because the illegal sale of

11 controlled substances is a source of money and primary activity for the NSO Gang, and is

12 the cause of crimes committed to maintain the ability to continue drug sales, such as

13 murders,shootings, loitering, graffiti, assaults, and robberies.

14         16.    I have read publications about criminal street gangs such as “Gangs, Stories

15 of Life and Death from the Street” by Sean Donahue and “Gangsters – Fifty Years of

16 Madness, Drugs and Death on the Streets of America” by Lewis Yablonsky.

17         17.    In addition to the formal instruction I have received, I have also learned a lot

18 about the NSO street gangs and gang members from senior OPD officers in informal

19 settings, such as while on patrol. Both my formal and informal training help me better

20 understand criminal street gangs and gang members.

21                   B. THE PROPOSED SAFETY ZONE AND ITS SIGNIFICANCE

22         18.    The proposed Safety Zone is described as follows:

23         Starting at 37th Street and Martin Luther King, Jr. Way, then west on 37th

24         Street until Adeline Street; then north on Adeline Street until 53rd Street;

25         then west on 53rd Street until Boyer Street; then north along Boyer Street

26         and along the northerly line as it continues along Vallejo Street until 66th


                                            -5-
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1         Street; then east on 66th Street until Herzog Street; then south on Herzog

 2         Street until Alcatraz Street; then east on Alcatraz Street until Market

 3         Street; then southeast on Market Street until 61st Street; then east on 61st

 4         Street until Dover Street; then north on Dover Street until Fairview Street;

 5         then east on Fairview Street and along the easterly line as it continues

 6         along 66th Street until Telegraph Avenue; then south on Telegraph Avenue

 7         until 60th Street; then east on 60th Street until Canning Street; then south

 8         on Canning Street until 58th Street; then west on 58th Street until

 9         Telegraph Avenue; then south on Telegraph Avenue until 49th Street; then

10         west on 49th Street until Shattuck Avenue; then north on Shattuck Avenue

11         until 52nd Street; then west on 52nd Street until Martin Luther King, Jr. Way;

12         then south on Martin Luther King, Jr. Way until the starting point at 37th

13         Street, and extending 100 yards to the outside of each of those boundary

14         streets. I am informed that a copy of a map illustrating the proposed

15         Safety Zone is attached as Exhibit A to the Declaration of Ofc. Jason

16         Trode.

17         19.      NSO’s turf is the geographic area it claims as its own. Paragraph 18 of my

18 declaration describes the boundaries of the NSO turf which the People are requesting as a

19 Safety Zone imposed by the court. The proposed Safety Zone does not include all

20 territory claimed by NSO, but does include the area where most of NSO nuisance crimes

21 and activities are committed. I have documented the NSO related graffiti in my

22 Declaration below, as it appears throughout most parts of the Safety Zone. By claiming

23 and protecting a turf, NSO seeks to exclusively occupy it for committing its criminal

24 activities without fear of competition by other gangs, or worrying about residents reporting

25 the crimes or serving as witnesses for the prosecution. NSO gang members and

26 associates can freely move in the turf, without concern that rival gang members are


                                            -6-
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1 present, and congregate in public and intimidate residents by their “show of numbers,” or

 2 directly threatening them. NSO’s claim to territory is also done by committing acts of

 3 graffiti and displaying their gang signs and clothing, all of which reinforces its image of

 4 power and control. This culture of intimidation instills fear of retaliation in residents and

 5 crime victims, thus discouraging them from reporting crimes or cooperating with the police,

 6 and creating an atmosphere that NSO is in control.

 7         20.    Because NSO gang members feel they have “free reign” in their turf to

 8 commit crimes, they do in fact terrorize the community. The street level drug sales of NSO

 9 members has dominated numerous blocks throughout the proposed Safety Zone for

10 years. The presence of NSO gang members on the streets, sidewalks and parks

11 intimidates residents and makes them scared to go outside. Most of the murders that

12 have occurred in north Oakland since 2008 have been directly related to NSO gang

13 members and their feud with rival Berkeley gangs. Most of the rat pack street robberies

14 that have occurred in north Oakand since 2008 have been directly related to NSO gang

15 members.

16         C.     EXAMPLES OF THE NSO GANG’S NUISANCE CRIMES,

17                INCLUDING VIOLENT ROBBERIES, GRAFFITI, AND CAR

18                THEFTS, PERFORMED IN THE PROPOSED SAFETY ZONE

19         21.    Based on knowledge gained through my continuing police work throughout

20 Oakland, and especially in west and north Oakland, talking with other officers, and

21 reviewing crime reports, I have developed the opinion that NSO is a criminal street gang.

22 In this section of my declaration, I give an overview of the gang and its criminal and

23 nuisance activities.

24         22.    The NSO gang’s activities are centered on street level controlled substance

25 dealing throughout North Oakland. This is primarily the sales of marijuana and cocaine

26 base (crack) at numerous street corners and at public parks. NSO is also involved in the


                                            -7-
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1 sale of prescription codeine, known on the street as “Robo” or “Bo.” As part of the street

 2 level drug sales is the claim and protection of the gang’s turf through actual presence on

 3 those sidewalks and by marking turf with graffiti. Protection of turf is often enforced by

 4 doing violence on rivals through assaults, threats, batteries, and homicides. NSO gains

 5 income from sales of illegal controlled substances and related violent crimes. NSO

 6 members use the proceeds from the illegal sales of controlled substances for promoting

 7 NSO and their cliques.

 8         23.     A serious way that NSO members terrorize the streets and reduce the quality

 9 of life for residents of the area within the Safety Zone is their practice of committing street

10 robberies. I have studied and investigated over a hundred street robbery reports from the

11 north Oakland area and identified a signature pattern type robbery that is occurring in the

12 Safety Zone. These robberies are committed by groups of three to eight suspects or more

13 who surround and rob a victim, usually accompanied by severe beatings on the suspect,

14 even after valuables have been taken. We at OPD have nicknamed them “rat pack”

15 robberies. Later in my declaration, I describe this practice in detail and cite to specific

16 incidents to illustrate this serious crime to the court.

17         24.     A less common, but serious nuisance and criminal activity that NSO

18 members commit in the proposed Safety Zone is car theft. When Oakland Police officers

19 attempt to stop cars that have been reported as stolen, the cars usually flee at high

20 speeds to escape. In the majority of these incidents, the suspect vehicle will crash into

21 parked cars or public or private structures. In one incident a person on the sidewalk and

22 another in a moving car were killed as a result of the reckless driving of NSO members in

23 a fleeing vehicles.

24         25.     When NSO gang members sell drugs within the Safety Zone, this creates

25 a public nuisance. The members conduct their illegal drug sales in public spaces which

26 interferes with vehicle and pedestrian traffic, interferes with lawful activity by residents


                                             -8-
             EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                              NORTH SIDE OAKLAND STREET GANG
 1 and community members in the area, generates complaints to police, exhausts police

 2 resources, and diminishes the quality of life of all residents in the Safety Zone. The

 3 street-level drug dealing also leads to the commission of other kinds of crimes, including

 4 assaults, shootings, and homicides as dealers fight for their territory from other criminal

 5 street gangs.

 6         26.     When NSO gang members sell controlled substances on the street and

 7 commit robberies within the Safety Zone, they often carry firearms, in case they encounter

 8 a rival gang member or a threatening situation. With gang members carrying dangerous

 9 weapons, this increases the likelihood that a violent act will be committed in the

10 neighborhoods, creating, contributing to, and exacerbating the public nuisance. The mere

11 presence of dangerous weapons is a public nuisance, in that neighbors or merchants

12 become justifiably intimidated and scared to live in, work in, and enjoy their own

13 neighborhood.

14         27.     In addition to selling controlled substances within the Safety Zone, members

15 of NSO also commit other crimes within the Safety Zone, such as assaults, burglaries,

16 robberies, the illegal possession of firearms, and the storage and manufacturing of

17 controlled substances to sell.

18         Violent Rat Pack Robberies

19         28.     Based on my training, experience, and investigation, I believe that younger

20 members of the NSO are committing group robberies in order to establish presence,

21 intimidation and wealth in and around north Oakland. The robberies occurring in north

22 Oakland that I believe are connected to the NSO gang have distinct characteristics from

23 the usual street robbery or mugging. We at OPD call them “rat pack” robberies because

24 they all involve a group of three to eight or more people simultaneously attacking the

25 victim, often accompanied by the threat or use of a gun and serious gratuitous violence.

26 As a patrol officer in the North Oakland sector in early March 2008, my partners and I


                                            -9-
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1 became aware of frequent reports of group robberies occurring in north Oakland,

 2 especially in the areas around Bushrod Park, Adeline Street, and Martin Luther King, Jr.

 3 Way. The numerous robbery calls were extremely frequent and had the same modus

 4 operandi.

 5         29.    Factors I consider in determining whether a robbery is connected to NSO

 6 activity are the number of suspects, their age, where the crime takes place, the manner of

 7 approaching the victim, the amount and type of violence involved, the type of loss suffered

 8 by the victim, the presence of threats of retaliation, and the manner in which and location

 9 toward which the suspects flee.

10         30.    Rat packs often target people for minor property, such as a mobile phone or

11 an I-Pod. Financial gain seems to be almost a secondary motivation in many cases. In

12 close to half of the crime reports I have reviewed and investigations I have been

13 personally involved in, the suspects are described as black males ranging from 10 years

14 old to 25 years old. It is not uncommon for a rat pack group to be comprised exclusively of

15 13 to 16 year olds. There have been a number of rat pack robberies involving black

16 female suspects too.

17         31.    The more common street robbery in Oakland involves only one or two

18 perpetrators who use a gun or threat of violence, then quickly fleeing after taking

19 valuables.

20         32.    By comparison, the rat pack robberies are different because they usually

21 involve gratuitous and brutal violence, and the suspects often walk away (rather than run)

22 because they are committing crimes in NSO gang turf and know of a safe place to hide, or

23 feel no fear of being caught because they believe the victims will fear retaliation. The

24 victim is usually surrounded, and then physically attacked before any demand for money

25 or valuables is made. Additionally, rat pack robbers will beat a victim extensively by

26 kicking and punching, even after valuables have been taken. There have been a couple of


                                            - 10 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1 incidents where the victim has been rendered unconscious by the beating that

 2 accompanies the robbery.

 3         33.    I have tracked and analyzed robbery crime trends; from June 2008 to August

 4 2009 there were 437 reported robberies in north Oakland. I identified approximately 50 of

 5 these as being committed by groups of three or more suspects. Of that subset, based on

 6 the totality of the circumstances, I identified 27 incidents as being NSO related rat pack

 7 robberies, in light of the criteria mentioned above. In five of those 27 incidents (described

 8 below at paragraphs 36b, 36c, 36e, 36j, and 36o), specific suspects were identified who I

 9 know to be NSO gang members.

10         34.    I also noted that the victims generally were on foot, walking to or from home,

11 and resided within North Oakland. The rat pack robbery suspects generally wore the same

12 or similar clothing, black hooded sweatshirts, black jeans and baseball caps.

13         35.    Many of the “rat-pack” gang robberies that occurred and still occur are not

14 reported because the victims generally reside within the Proposed Safety Zone and thus

15 are too afraid of retaliatory action by the NSO gang. I have spoken with numerous crime

16 victims and neighbors who stated that they were afraid to report crimes or to act as

17 witnesses because they would be retaliated against by the gang members. They also

18 described how they do not feel safe going outside at night or letting their kids play outside

19 for fear of being the victim of crimes.

20         36.    The following are 21 examples of the 27 robberies from December 2007

21 through august 2009 which, in my opinion based on evidence to date, were likely

22 committed by members of the NSO criminal street gang within the Safety Zone. These

23 are summaries based on information and belief developed after reading crime reports,

24 talking to other police officers, and performing my own investigation and analysis:

25      a. On December 2, 2007, around 5:40 p.m., a 14 year old white male was riding his

26         skateboard on Linden Street heading toward 42nd Street. Three males aged 10 to


                                            - 11 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1            14 years old (two black, one Hispanic) approached and asked the victim for $1.

 2            The victim was suddenly physically attacked from behind by additional suspects,

 3            then from the front by the initial suspects. RD#1 07-093113, paragraph 7 of the

 4            Declaration of Ofc. Leyva, Ernesto. His MP3 player was taken. This location is just

 5            one block from territory claimed and frequented by the ASAP and Fuck That cliques

 6            of the NSO gang.

 7      b. On December 22, 2007 around 6:00 p.m., an 18 year old black male was walking

 8            on Telegraph Avenue near 58th Street. A black male juvenile who I will refer to as

 9            E.T. (age 17 years) who is a known member the Bushrod clique of the NSO gang,

10            approached from behind and put a gun to the victim’s head, then took his mobile

11            phone and wallet containing $80 and ran off. RD# 07-098297, paragraph 4 of the

12            Declaration of Ofc. Martin, Steven. Though this was not a rat pack robbery, E.T.

13            was later caught committing other rat pack robberies (January 19, 2008, and March

14            2, 2008) listed below.

15      c. On January 19, 2008 around 5:40 p.m., a 15 year old black male was walking with

16            his 13 year old cousin southbound on Shattuck Avenue toward 58th Street. Five to

17            six black males aged 13-17 years old approached from the opposite direction. Two

18            juvenile suspects were E.T. (age 17 years and a known Bushrod clique member)

19            and C.M. (age 14 years and a known member of the Bushrod clique of the NSO

20            gang). Suspect E.T. then brandished a handgun and ordered the victim to “empty

21            your pockets.” The victim produced his belongings. The suspects took his I-Pod,

22            mobile phone, and wallet, and then fled on foot northbound on Shattuck Avenue

23            toward Bushrod Park. Four of the suspects, who are juveniles, were identified.

24            Two suspects confessed and identified a third arrestee as a suspect. RD# 08-

25
        1
            The abbreviations “RD#” means Oakland Police Report number. The abbreviation “FC#” means
26 Oakland Police Department Field Contact number.


                                               - 12 -
               EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                                NORTH SIDE OAKLAND STREET GANG
1       004659, paragraph 4 of the Declaration of Ofc. Kim, Eric. Bushrod Park is a

2       stronghold of NSO gang activity, especially of the Bushrod clique. I know all of the

3       suspects to be members of the NSO gang.

4    d. On February 18, 2008, I was on duty and dispatched to investigate a reported

5       robbery. The victim, a 69 year old white female, informed me that she was walking

6       on Market Street near 40th Street at about 6:07 p.m. She was approached by six

7       black males around 12-14 years old, wearing black hooded sweatshirts (“hoodies”)

8       with the hoods pulled over their heads to hide their identities. They grabbed for her

9       purse and struck her from behind. She suffered a cut to the back of her head. She

10      fell to the ground. The suspects then fled northbound on Market toward 41st Street,

11      which is a stronghold area of the ASAP and Fuck That (FT) cliques of the NSO

12      gang. RD# 08-012599

13   e. On March 2, 2008 around 10:22 p.m., a 21 year old black male was walking on

14      Telegraph Avenue near 59th Street. E.T. (age 17 years), a juvenile member of the

15      Bushrod clique of the NSO gang, approached him and said “I got a pistol, empty out

16      your pockets.” The victim walked past and was pursued by the suspect. When a

17      witness came outside, E.T. ran off. RD# 07-016269, paragraph 7 of the Declaration

18      of Ofc. Ruiz, Roberto

19   f. On April 25, 2008 about 11:45 p.m., a 37 year old white female was on Dover

20      Street near the corner of 61st Street. She was found by a witness, lying on the

21      ground unconscious and bleeding from the mouth. She could not remember what

22      happened to her, but her bicycle, backpack, mobile phone, and credit cards were

23      taken from her. The witness did not see the altercation, but reported that five black

24      males aged 18-20 years old were standing in the middle of the street on Dover just

25      beforehand. The victim’s bicycle was later found on the 6100 block of MLK Way.

26


                                         - 13 -
         EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                          NORTH SIDE OAKLAND STREET GANG
1         This area has a high amount of crime committed by members of the NSO gang.

2         RD# 08-031041, paragraph 8 of the Declaration of Ofc. Leyva, Ernesto 8823

3    g. On May 24, 2008, around 11:30 p.m., a 35 year old black male, was walking on

4         Martin Luther King, Jr. Way near 47th Street. Four black males around 15-17 years

5         old waited for the victim to approach. One suspect took a silver revolver and

6         pointed it into the victim’s abdomen. The victim was grabbed and money taken

7         from his pockets. He was then beaten by all four suspects until losing

8         consciousness. A witness called police after seeing two of the suspects shoot two

9         different guns. The witness then said the suspects fled into the yard of a house

10        nearby. RD# 08-038810, paragraph 8 of the Declaration of Ofc. Chen, Vincent.

11        This location is one block from an area frequented by the ASAP and Fuck That

12        cliques of the NSO gang. The witness requested his name and contact information

13        not be listed in the police report for fear of retaliation.

14   h. On July 8, 2008 about 11:30 p.m., a 45 year old white male was walking on the

15        5800 block of Racine Street. Three black males aged 15-20 years old walked past

16        him then suddenly attacked him from behind and took his mobile phone. The victim

17        lost consciousness, had a dislocated thumb, was in pain all over his body, and

18        bleeding from the mouth. RD# 08-050723, paragraph 4 of the Declaration of Ofc

19        House, Maisha. This location is claimed and occupied by the Bushrod clique of the

20        NSO gang.

21   i.   On July 21, 2008 around 6:50 p.m. a 53 year old white male was walking on 45th

22        Street towards Linden Street, coming from the MacArthur BART station. He heard

23        footsteps and voices approaching him from behind. He was grabbed and pushed to

24        the ground by three black males about 16-18 years old. One suspect demanded

25        “gimme your money” while the others punched and kicked him. After

26        unsuccessfully trying to take the victim’s wallet, the suspects ran on foot


                                           - 14 -
           EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                            NORTH SIDE OAKLAND STREET GANG
1         southbound on Linden Street. RD# 08-053446, paragraph 5 of the Declaration of

2         Ofc. Cheung, Christine. This is an area occupied and claimed by the ASAP and

3         Fuck That cliques of the NSO gang.

4    j.   On October 1, 2008, around 6:30 p.m., I was on duty and dispatched to investigate

5         a robbery. The 19 year old white male victim informed me that he was walking on

6         59th Street near Canning Street heading westbound and encountered a group of

7         people standing on the sidewalk, including four black males aged 13-15 years old

8         who eventually robbed him. As the victim made his way through the crowd, one of

9         the suspects punched him in the face. The victim kept walking when the same

10        person said “Hey.” The victim turned around and the same suspect punched him in

11        the face again and said “Gimme your I-Pod.” The victim said “No,” then another

12        suspect punched the victim in the face. The first suspect then grabbed at the I-Pod.

13        Two more suspects emerged from the crowd and began hitting the victim

14        repeatedly. The first suspect then took the I-Pod and the victim walked away on 59th

15        Street toward Telegraph Avenue. Three of the suspects then walked away. The

16        victim called police. Ofc. Cunnie and I showed him photographs of potential

17        suspects. The victim identified four persons aged 15 years to 25 years old who

18        were his attackers or who were in the crowd. One of them is a juvenile member of

19        NSO. A witness also separately identified another of the suspects who goes by the

20        moniker “Lil’ Morph” who is another juvenile member of NSO. This location is

21        frequented by members of the NSO gang. RD# 08- 072835

22   k. On October 2, 2008 around 10:39 p.m., a 37 year old white male was walking on

23        the 4500 block of Martin Luther King Jr.(“MLK”) Way. Four to five black males,

24        aged 17-23 years old walked up behind him. The suspects then quickly surrounded

25        the victim, then hit him from the front and back, and continued to strike him after he

26        fell to the ground. The suspects then took the victim’s backpack containing an I-


                                           - 15 -
           EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                            NORTH SIDE OAKLAND STREET GANG
1         Pod and mobile phone, and fled on foot on 45th Street. The victim said he has seen

2         the same group of suspects regularly hanging out at 45th Street and MLK Way. RD#

3         08-073169, paragraph 3 of the Declaration of Ofc. Garcia, Roberto. This location is

4         frequented by members of the ASAP and Fuck That cliques of the NSO gang.

5    l.   On December 7, 2008 around 3:20 p.m., a 24 year old white male was walking on

6         Adeline Street heading toward 55th Street. Six black males aged about 17 years old

7         approached him from behind. One suspect pointed a gun at him and said to empty

8         his pockets. They then took his valuables and fled on Adeline Street in the opposite

9         direction. RD# 08-089914, paragraph 4 of the Declaration of Ofc. Lawless, Jesse.

10        The robbery location is one block away from turf frequented by members of the

11        Gaskill clique of the NSO gang.

12   m. On December 7, 2008, around 4:30 p.m., just over an hour after the above incident,

13        a 14 year old white male was walking on MLK Way just north of 54th Street. Six

14        black males aged 15-16 years old crossed the street and surrounded the victim.

15        Two suspects said “give me your stuff” then started rifling through the victim’s

16        pockets, taking his mobile phone and wallet. One suspect yelled “I have a gun” and

17        the victim was beaten in the head more than six times. The suspects fled when

18        witnesses approached. A witness stated that the suspects fled to 55th Street and

19        Adeline Street, which is where the earlier robbery occurred. The witness did not

20        want to be identified. RD# 08-089974, paragraph 6 of the Declaration of Ofc.

21        Jaeger, Michael. This location the suspects fled to is frequented by members of the

22        Gaskill clique of the NSO gang.

23   n. On January 13, 2009 about 10:35 a.m., a 44 year old hispanic male was outside his

24        house on 43rd Street near Market Street when two black males aged 16-17 years

25        old stopped in a van and asked the victim for change. When the victim took out his

26        wallet the suspect pointed a revolver and said “give us what you have.” The victim


                                           - 16 -
           EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                            NORTH SIDE OAKLAND STREET GANG
1       ran away, but the suspects fired 6 or 7 shots and struck the victim two times. The

2       van then sped off. RD# 09-002997, paragraph 4 of the Declaration of Ofc. Sarno,

3       Benjamin. The location of this attack is right in the middle of ASAP and Fuck That

4       cliques of the NSO gang.

5    o. On January 14, 2009 around 1:45 p.m., a 13 year old black male was walking on

6       College Avenue toward the Rockridge Library. He noticed two black male juveniles

7       following him, one of who was a juvenile I will refer to as C.M. (age 15 years). The

8       suspects approached the victim in the library and C.M. asked to see the victim’s I-

9       Pod. The victim handed it to C.M. then immediately asked for it back. C.M. said

10      “you’ll have to fight me for it.” The victim, knowing C.M. had bragged before about

11      carrying a gun and believing C.M. was a member of a gang from Bushrod Park, did

12      not stop C.M., who left with the I-Pod. The victim informed his aunt, who found

13      C.M. in Bushrod Park, recovered the I-Pod from him, then called police. RD# 09-

14      003398, paragraph 4 of the Declaration of Ofc. Rowbotham, James. . Note that

15      C.M. had been involved in a rat pack robbery described above on January 19,

16      2008.

17   p. On March 7, 2009, around 9:36 p.m., a white female was riding her bicycle home

18      on the 5900 block of Genoa Street when five black males aged 18-25 years old

19      approached her. A struggle ensued and the victim ended up on the ground with a

20      suspect holding her down and saying “where’s the money?” The suspects took her

21      backpack and bicycle and fled eastbound onto 59th Street. The suspects took $500

22      cash, an I-Phone, and the bicycle. A witness confirmed hearing screams from the

23      incident and five suspects fleeing, and then he refused to give further information

24      and did not want to be contacted. RD# 09-016887, paragraph 6 of the Declaration

25      of Ofc. Russell, Derek. This is an area occupied and controlled by the NSO gang.

26


                                         - 17 -
         EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                          NORTH SIDE OAKLAND STREET GANG
1    q. On March 19, 2009 about 6:30 p.m. a 15 year old white female was walking on 40th

2       Street just past MLK Way, on her way home from the MacArthur BART. Two black

3       males and one black female, all about 16-17 years old, approached her from

4       behind, grabbed her bag, then threw her to the ground where she hit her face on

5       the concrete and chipped a tooth. The female suspect yelled, “give me your I-Pod.”

6       The victim complied and the suspects ran southbound on West Street into territory

7       of the ASAP and FT cliques of the NSO gang. RD# 09-020078, paragraph 5 of the

8       Declaration of Ofc Nash, Alexis

9    r. On April 8, 2009 around 11:18 p.m., a 51 year old white male was walking on

10      Cavour Street near Locksley Avenue. He passed three black males about 20-25

11      years old. One of them said “got a dollar” then he immediately felt another suspect

12      push a hard object against the victim’s head. Believing it was a gun, the victim put

13      his hands up. The suspects then went through the victim’s pockets, taking $60

14      from his wallet. One of the suspects then hit the victim from behind with an object,

15      knocking him to the ground. The suspects then kicked and punched the victim’s

16      body and head. The suspects then fled on foot. RD# 09-024437, paragraph 5 of

17      the Declaration of Ofc. Mitchell, Stephen

18   s. On April 27, 2009 at about 10:25 p.m., a 34 year old Indian male was walking in the

19      5700 block of Lowell Street. Five black males, approximately 25 years old, who

20      were standing on the corner of 57th Street, approached and surrounded the victim.

21      They were all wearing black hoodies pulled over their heads. They pushed the

22      victim to the ground and started kicking him in the head. They then rifled through

23      the victim’s pockets and took his wallet containing about $200 cash and

24      identification. They also stole his mobile phone. The suspects than ran eastbound

25      on 57th Street, in the direction of an area frequented by the Gaskill clique of the

26      NSO gang. RD# 09-029202, paragraph 7 of the Declaration of Ofc Russell, Derek


                                         - 18 -
         EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                          NORTH SIDE OAKLAND STREET GANG
 1      t. On August 11, 2009 around 10:30 p.m., a 54 year old asian male arrived by car at

 2         his apartment on Alcatraz Avenue, just east of Shattuck Avenue. He saw three

 3         black males aged 18-22 years old walking on Alcatraz as he pulled into his garage.

 4         He waited for them to pass by. He got out and closed the garage door, then found

 5         the suspects waiting for him. He entered the apartment lobby and was suddenly

 6         pushed inside by the suspects. One of the suspects put his hands on the victim’s

 7         throat and demanded “give me everything.” The victim refused, and another

 8         suspect drew a handgun and pointed it at the victim. The victim yelled “no”

 9         repeatedly and the suspects pulled at his pockets. The suspects eventually ran off.

10         RD# 09-054718, paragraph 10 of the Declaration of Ofc. Bermudez, Melvin

11      u. On August 17, 2009, around 11:20 p.m., 25 year old white male was walking on

12         San Pablo Avenue toward 61st Street. Three black males around 17-20 years old

13         and another black male around 25 years old approached the victim and demanded

14         money “or you’ll get hurt.” The victim, out of fear, gave them $12. The suspects

15         then walked away and turned east on 61st Street. RD# 09-056016, paragraph 8 of

16         the Declaration of Ofc. Russell, Derek. The way the suspects casually walked away

17         indicates to me that they are from the area, and had no fear of being apprehended

18         by police or being reported by any witnesses. I know that this location is recently

19         being frequented by members of the Gaskill clique of the NSO gang.

20         37.    I believe the rat pack robbery incidents listed above are part of NSO gang

21 activity. A big part of the activity is showing off to friends and building bonds by

22 committing crimes together. I compare it to kids playing “doorbell ditch,” when a group of

23 kids would ring a person’s doorbell, run away and hide, then watch the victim come out.

24 Rat pack robbery is inherently a group activity that builds personal ties between the

25 perpetrators and allows the most violent and bold participants to enhance their

26 reputations. With group participation, there is the sense of camaraderie, plus


                                            - 19 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1 eyewitnesses to the acts of boldness that form a person’s reputation.

 2         38.    The commission of the robbery itself gives the gang member a higher status

 3 within his own gang. In addition to being a source of income for the NSO gang,

 4 committing street robberies also helps the NSO gang create and perpetuate a climate of

 5 fear and intimidation in the neighborhood. The NSO gang perpetrates an environment of

 6 fear and when there is fear they have the ability to dominate and control the community

 7 fostering a sense of being above the law and that the gang can do whatever it wants

 8 without the fear of reprisal.

 9         39.    My analysis of the 21 examples of “rat pack” robberies described above

10 show certain additional patterns. Ten of the incidents occurred between the hours of 10

11 p.m. and midnight. Eight of the 21 incidents involved the use of a firearm or threat of a

12 firearm. Ten of the 21 incidents involved a severe beating of the victim, three of which

13 were rendered unconscious. I believe that injunction conditions prohibiting gang members

14 from associating with each other, possessing weapons, and staying out of public places

15 after 10:00 p.m. will serve to significantly decrease these terrible crimes that are being

16 committed on residents within the Safety Zone and benefit the community.

17         Other Examples of Gang Presence in the Safety Zone

18         40.    The NSO gang’s criminal and nuisance activity in the proposed Safety Zone,

19 often involves more than one NSO gang member, and the display of NSO gang tattoos or

20 distinctive clothing. Below are a few examples of contacts I have made with NSO

21 members recently:

22      a. On March 28th, 2008, at about 10:30 pm, I was on patrol and made contact with

23         NSO gang member Brian Downing during a car stop at 1822 62nd Street. Downing

24         stated that he and his girlfriend had just dropped off Christopher Patrick, a known

25         NSO gang member with a parole warrant.        FC# 08-008406

26


                                            - 20 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
1    b. On May 5, 2009 around 8:54 p.m., I was on duty and contacted Derris Dillard with

2       known NSO gang member Ramel Andrews in the 800 block of 59th Street (walking

3       away from the porch of 875 59th Street), an area known for illegal narcotic sales and

4       which is in the proposed Safety Zone. Dillard advised that he was on parole and a

5       parole search was conducted on his person. Photos were taken of "North Pole"

6       tattooed on Dillard's forearms. Dillard stated he has the “North Pole” tattoo because

7       that is where he is from now. Based on my training and expericence, I understand

8       this as an admission that he is a member of the NSO gang. FC# 09-001249

9    c. On May 7th, 2009, around 7:46 p.m., while on duty, I conducted a traffic stop of a

10      car occupied by NSO gang member Donta Easley and Henry Washington in front of

11      644 61st Street. I performed a parole search of Donta Easley and the van he was in

12      and recovered marijuana, for which I issued a citation. The 600 block of 61st St. is

13      known NSO territory and within the proposed Safety Zone. I also observed that

14      Donta Easley was wearing a tattoo “500” on his right wrist, which I know to signify

15      the 500 block of 59th Street, which is the home turf claimed by the Bushrod clique of

16      the NSO gang. FC# 09-009149

17   d. On April 15th, 2009, at about 10:22 a.m., while on duty, I made contact with NSO

18      gang member Brian Downing in front of Klipper’s Barbershop in the 5800 block of

19      Shattuck, a high narcotics area about one block from Bushrod Park, which is long

20      established NSO gang territory and within the proposed Safety Zone. Downing was

21      loitering in the area with Jermaine Brewer, who was on probation, Tai Greer, who

22      has a history of drug arrests, and Vernon Castle. FC# 09-007895

23   e. On May 13, 2009 around 8:30 p.m., I was on duty and assisting in the execution of

24      a probation search on NSO gang member Chanzae Johnson at 6620 Helen Court,

25      which is located in the proposed Safety Zone. NSO gang members Ramel

26


                                         - 21 -
         EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                          NORTH SIDE OAKLAND STREET GANG
 1         Andrews and Derris Dillard waited around and watched as police executed the

 2         probation search. FC# 09-009450

 3     f. On August 26th 2009, at about 5:00 pm, I observed Donta Easley sell cocaine-base

 4         to a subject in front of 755 Alcatraz Ave. I assisted in arresting the buyer who

 5         stated that she bought the cocaine from a guy named “Donta.” Easley was not

 6         taken into custody at that time, but a probation violation warrant was later issued for

 7         his arrest. Easley is a documented NSO gang member and the 700 block of

 8         Alcatraz Ave is known NSO gang territory and within the proposed Safety Zone.

 9         RD# 09-058034

10         NSO’s Graffiti Criminal Nuisance Activity

11         41.    As part of my police duties and investigation into NSO, I have collected and

12 analyzed graffiti evidence from north Oakland, which is described here. Commonly seen

13 graffiti in the Safety Zone includes the NSO name, “Ice City,” “Polar Bears,” “4-5-6” and

14 one or more NSO clique names described in paragraph 46 below. I know that “ASAP” is a

15 Clique of the NSO gang. “Ice City” is a reference to the North Oakland gang of NSO. I

16 know that “Ice City” is the term often

17 used to identify NSO and the terms are

18 interchangeable. While on a call at a

19 park located on the northwest corner of

20 Clark Street and Redondo Streets, I

21 observed multiple graffiti tagging on the

22 playground structures. The graffiti I

23 observed consisted of “Savage East

24 Oakland”, “3500”, “30s Mob”, “FT”,

25 “AOB”, “6600”, and “Ice City”. Attached hereto as Photo A (right) and B are true and

26 correct copies of photos showing NSO graffiti taken throughout north Oakland showing


                                            - 22 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1 NSO gang graffiti.

 2

 3

 4          Photo B (right)

 5

 6

 7

 8

 9          42.    NSO graffiti is also a

10 means of communicating specific messages. I have seen graffiti AT 55TH Street and

11 Market Street in black lettering that read “ASAP”, “ICE CITY”. I have also seen graffiti

12 challenging other gangs that are unfriendly with NSO, such as “FUCK Active Team”

13 (Active Team is a west Oakland gang) and “Savage East Oakland”.

14          43.    NSO graffiti can also be found within the gang members’ bedroom as

15 evidenced by a probationary search I participated on May 26, 2009. We conducted a

16 probationary search at the residence of 678 62nd Street in Oakland. The probationer had

17 several writings on the walls of his bedroom and pictures of the probationer throwing up an

18 NSO hand sign. The probationer also had “5900 Bushrod Park,” “NSO 6200” written on

19 his bedroom walls. RD# 09-036074

20          44.    NSO gang members publicly identify themselves and demarcate the gang’s

21 territory by committing graffiti vandalism throughout their territory. NSO members use

22 graffiti to literally mark their territory and demonstrate the gang’s claim to it. The graffiti

23 announces to the neighborhood that the gang is staking claim to the particular area and

24 serves to intimidate the members of the community. It announces to rival gangs that the

25 area is controlled by NSO. The graffiti is a public nuisance in that it creates visual blight

26 and diminishes property’s values. Prohibiting NSO gang members from marking graffiti


                                             - 23 -
             EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                              NORTH SIDE OAKLAND STREET GANG
 1 and possessing graffiti tools and implements will help significantly reduce this blight and

 2 method of intimidation.

 3         45.    Examples of commonly seen graffiti in the proposed Safety Zone, which

 4 evidences the NSO gangs’ claim to the area including, include but not limited to the

 5 following: “NSO”, ”FT”, “ASAP”, “Ice City”, “CG”, “Gaskill”, “4500”, “5900”, “6100”. Those

 6 terms represent the NSO gang and its various cliques.

 7         46.    Terms used in reference to the North Side Oakland gang are “NSO,” “Polar

 8 Bear,” “North Pole,” “Pole Boys,” “ICE CITY,” or “Cool or Cold Nights”. “FT” represent Fuck

 9 That and “ASAP” represents As Soon As Possible (get away from the police), and are both

10 cliques of the NSO gang. ““Bushrod” represents the Bushrod clique of the NSO gang

11 which operates out of Bushrod Park and the surrounding areas. “CG” represents Cold

12 Gunnaz, a clique of NSO which is closely associated with the Bushrod clique. “Gaskill”

13 represents Gaskill Street, a clique of NSO. “4500, 5900, 6100” represents the 40s, 50s

14 and 60s, numbered streets in North Oakland. They may also be referenced by “4,5,6”

15 which also refers to the streets numbered from 40th St up to 67th St (the highest numbered

16 street in North Oakland), representing all the neighborhoods of North Oakland (NSO).

17 Indicating “4500,” ” 5900,” “6100,” etc. indicates a neighborhood within NSO from which a

18 person or clique may associate.

19         47.    NSO gang graffiti in the proposed Safety Zone is also used as means of

20 communication. The gang graffiti serves as a newsletter for gang members. The graffiti will

21 often indicate which rival gangs have conflict with NSO and which gangs have formed

22 alliances with NSO. The graffiti will often include memorials to dead gang members.

23 Consequently, NSO graffiti is prevalent in the proposed Safety Zone. The following are

24 true and correct copies of photographic examples of NSO graffiti found by me and fellow

25 police officers within the proposed Safety Zone:

26


                                            - 24 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1         48.    Photo C (right)

 2 depicts NSO graffiti on a brick

 3 wall facing west in the 5300

 4 block of Dover Street, which is

 5 in the area claimed by the

 6 Bushrod Clique and within the

 7 proposed Safety Zone. In the

 8 above photo, the writing, “NSO

 9 XXX 6100,” represents North

10 Side Oakland gang as well as

11 the 6100 clique of NSO. This graffiti is visible as you walk or drive by north or south on

12 Dover Street, and serves to constantly remind the community that this area is claimed by

13 the NSO gang. This photograph, along with the following collection of photos, are a good

14 representation of the graffiti vandalism committed by the NSO gang throughout the

15 proposed Safety Zone. If anything, these photos understate the gang graffiti problem

16 caused by the NSO gang, because the gang’s graffiti is so pervasive. Even if efforts are

17 made to paint over existing graffiti, the graffiti is put up again. All of these photographs

18 were taken in the proposed Safety Zone and were taken from between 2008 and 2009.

19         49.    Photo D (right) depicts

20 NSO gang graffiti on a brick wall at a

21 housing complex 1037 62nd Street in

22 the area claimed by members of the

23 NSO gang. The graffiti faces outward

24 towards the street and thus, is visible

25 to anyone walking or driving either east

26 or west in the 1000 block of 62nd St.


                                             - 25 -
             EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                              NORTH SIDE OAKLAND STREET GANG
 1 The 1000 block of 62nd St is within NSO territory and the proposed Safety Zone. 1037

 2 62nd St, specifically, is a location where NSO members have been arrested and been

 3 observed hanging out.

 4         50.     Photo E (right) depicts

 5 “FT” graffiti on the side of a

 6 commercial structure at the corner of

 7 53rd St. and Lowell St. This graffiti is

 8 visible to both those walking and

 9 driving north, past 53rd St. on Lowell

10 St. or Adeline St. “FT” in this photo

11 represents the “Fuck That” Clique of

12 the NSO gang. NSO related graffiti

13 can be located throughout North Oakland. 53rd St. and Lowell St. is within NSO territory

14 and the proposed Safety Zone.

15         51.     Photo F (right) depicts

16 “ASAP”, “FT”, “Ice City”, “We Rockin!”

17 and “Fuck Active Team” on top of a

18 garbage can on the west side of Market

19 St. at 55th St. The graffiti faces out

20 towards the street. This graffiti may be

21 visible to those driving north or south

22 on Market St, but it is readily visible to

23 persons walking on the west curb in

24 this area. “Fuck Active Team” is a direct reference to a rivalry with that group and that

25 those who associate with Active Team are not welcome in NSO territory.         Active Team is

26 a group that claims territory in lower west Oakland, outside of NSO territory. This graffiti is


                                             - 26 -
             EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                              NORTH SIDE OAKLAND STREET GANG
 1 a signal to those who view it as a unity of FT and ASAP within “Ice City” (NSO). The

 2 graffiti at this location shows that this is territory of NSO, and that any other gang,

 3 especially Active Team, are not welcome and their presence could possibly lead to violent

 4 reprisals. 55th St. and Market Street is within NSO territory and the proposed Safety Zone.

 5         52.     Photo G (right) is “600”

 6 graffiti at 60th St and San Pablo Ave. This

 7 is on the side of a liquor store and is

 8 visible to people walking or driving either

 9 east or west on 60th St. “600” is a term

10 used to represent those who claim the

11 sixties (anywhere from 60th St. northward

12 to the Berkeley border) in North Oakland.

13 Often times, you can see 600 accompanied with “fam” or “mob” (i.e. “600 fam” or “600

14 mob”). This term is used most often by those who claim the sixties west of Martin Luther

15 King Jr. Way, north of Stanford Ave. “500” can be used to represent those who claim

16 territory in the fifties (51st St to 59th St.) in North Oakland. “400” is also seen used by

17 those who claim the forties (40th St. to 49th St.) in North Oakland. 60th St. and San Pablo

18 Ave is within NSO territory and the proposed Safety Zone.

19         53.     Photo H (right) is “600.” Graffiti on

20 the sidewalk of an apartment complex in the

21 1100 block of 62nd St. The graffiti is visible to

22 anyone who is walking in the area around the

23 apartment complex. This graffiti is a signal that

24 those in the sixties of NSO claim this area. The

25 1100 block of 62nd St. is within the proposed

26 Safety Zone and NSO territory.


                                             - 27 -
             EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                              NORTH SIDE OAKLAND STREET GANG
 1

 2                  Photo I (right)

 3

 4

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18         Photo J (above)                                   Photo K (above)

19         54.    Photo I depicts “NSO” and “600” gang graffiti. Photo J depicts “MxOxBx”

20 graffiti. Photo K (above) depicts “4300 Market” and “R.I.P. ZACK” graffiti. The above
                                                 th
21 three photos were taken in the 300 block of 45 St. “M.O.B” represents “Money Over

22 Bitches.” This is a term that is often used by drug and narcotic dealers to signify that

23 making money is the most important thing to them and is a term that reflects the ideals

24 and values of criminal and gang lifestyles. The graffiti of “4300 Market” is a claim to a

25 certain location, in this sense, the 4300 block of Market St. in north Oakland. Putting up

26 graffiti with a specific location can be an attempt to claim that location as well or to be a


                                             - 28 -
             EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                              NORTH SIDE OAKLAND STREET GANG
 1 way to advertise for the cliques location. The 300 block of 45th St is not close to the 4300

 2 block of Market St., but it is close to Oakland Technical High School where younger gang

 3 members may attend from different areas of the city. Those in the NSO gang can put up

 4 graffiti in multiple, and far-reaching locations, due to the fact that NSO encompasses a

 5 large portion of the North Oakland area. “R.I.P. ZACK” is a memorial to a person named

 6 “Zack.” Graffiti and tattoos will often depict “R.I.P.” with a person’s name afterward. This

 7 is common among gang members to memorialize that person and glorify that person and

 8 the gang lifestyle after they have died. The 300 block of 45th St is not within the proposed

 9 Safety Zone, but the graffiti shows that those who identify with the gang will attempt to

10 reach out beyond perceived territory to show their affiliation with NSO.

11         55.     Photo L (right) is

12 significant because it shows the alliance

13 of three cliques of the NSO gang. This

14 photo depicts “FT”, “ASAP” and “CG”

15 located in the 400 block of 45th St. “CG”

16 represents “Cold Gunnaz” which is also

17 a clique within NSO that is closely

18 associated with the Bushrod clique of

19 NSO. FT is mainly based from Market Street, generally, around Apgar St. and 45th St.

20 The same is generally true for ASAP. The distance between CG territory and FT/ASAP is

21 at least 15 city blocks. The 400 block of 45th Street, where this graffiti was located, is just

22 outside of the proposed Safety Zone, but on the way to Oakland Technical High School,

23 where many NSO gang members or associates attend. Putting up this kind of graffiti

24 shows that FT, ASAP, and Cold Gunnaz are all associated with one another, under NSO,

25 and putting up this graffiti shows that all three cliques are welcome within this territory,

26 claiming NSO together.


                                             - 29 -
             EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                              NORTH SIDE OAKLAND STREET GANG
 1         56.     Photo M

 2 (right) depicts “52”, “5200”

 3 and “NSO” (two times) in

 4 the 800 block of 52nd St.

 5 The graffiti is etched into

 6 the sidewalk in front of 814

 7 52nd St. and is visible to

 8 those walking east or west

 9 on the north curb of 52nd St.

10 “52” and “5200” is a claim

11 by those in the area to 52nd

12 Street, and can be synonymous with each other in their claims to the area around 52nd

13 Street, such as the 5200 block of Market Street. . Having both “52” and “5200” etched

14 into the sidewalk, along with “NSO,” represents that the area around 52nd St, which is

15 claimed by those who did the etchings, are part of the NSO gang. Also, by having etched

16 the writing into concrete, rather than by paint graffiti, it is a more permanent demarcation.

17 Having this vandalism shows that those in this area claim the area around 52nd St. and the

18 NSO gang as a whole, as well as providing themselves a more permanent mark in the

19 neighborhood. The 800 block of 52nd St is within the

20 proposed Safety Zone and NSO territory.

21         57.     Photo N (right) depicts “6100” on a

22 brick pillar located in the 600 block of 61st St and is

23 visible to those both driving and walking east or

24 west in the 600 block of 61st St. “6100” is a specific

25 block location that claims this area as their territory.

26 This could mean either the 6100 block of Dover Street or of Shattuck Ave. 6100 is more


                                             - 30 -
             EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                              NORTH SIDE OAKLAND STREET GANG
 1 commonly associated with the 6100

 2 block of Shattuck Ave and the

 3 Bushrod clique, because 61st St. and

 4 Shattuck Ave is the northern portion

 5 of Bushrod Park. Photo O (right)

 6 depicts “61” and “6100” on the back

 7 of a traffic sign. “61” is a specific

 8 claim to 61st St, the street where the

 9 graffiti is placed. It is located in front

10 of 644 61st Street where known NSO gang members Darrell and Donta Easley reside. This

11 graffiti is in close proximity to Bushrod Park, which is a main hub for the Bushrod and Cold

12 Gunnaz cliques of the NSO gang. The graffiti in Photo O is visible to vehicle and

13 pedestrian traffic that are traveling east on 61st Street. This graffiti, in this location, says

14 that those who are associated with the 6100 block of Shattuck Ave or Dover St are ok to

15 be in this area. It is a specific claim to the area around 61st St. The graffiti can be a

16 marker to tell those who are not associated with the area around 61st St, or Bushrod, or

17 other cliques within NSO, that they are not welcome in the area. The 600 block of 61st St.

18 is within the proposed Safety Zone and NSO territory.

19          58.    The next two photographs were taken

20 at the intersection of 59th St. and Martin Luther King

21 Jr. Way. The graffiti is visible to those walking north

22 or south on the west curb. Photo P (right) depicts

23 “6100.” “6100” is a reference to the area around 61st

24 St, more commonly with the 6100 block of Shattuck

25 Ave. There is similar graffiti two blocks to the north at

26 61st St. and Martin Luther King Jr. Way, and also just


                                             - 31 -
             EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                              NORTH SIDE OAKLAND STREET GANG
 1 three blocks away at the 600 block of 61st Street.

 2         59.    Photo Q (right) depicts “NSO.” The

 3 graffiti of 6100 along with NSO shows the

 4 affiliation of 6100 with NSO. This graffiti shows

 5 that 6100 can lay claim to an area, not just on 61st

 6 St. itself, but that those from the area around 61st

 7 St. also claim the area around 59th St. and Martin

 8 Luther King Jr. Way. The graffiti can also show

 9 warning to others that NSO claims this territory. In the recent past, NSO has been feuding

10 with residents from south and west Berkeley. 59th St. and Martin Luther King Jr. Way is

11 within the proposed Safety Zone and NSO territory.

12         60.    Photo R (right) depicts “6100” on a

13 “No Parking” sign which is attached to a light pole

14 at the intersection of 61st St. and Martin Luther

15 King Jr. Way. This graffiti is visible to both vehicle

16 and pedestrian traffic traveling north on Martin

17 Luther King Jr. Way. This graffiti shows that those

18 in the 6100 clique of the NSO gang claim this

19 territory. The series of the previous five photos of

20 “6100” taggings stretches from 61st St. and

21 Shattuck Ave, east to Martin Luther King Jr. Way, and south to 59th St. This is a stretch of

22 four blocks with the same graffiti, which also encompasses “NSO” within the different

23 graffiti markings. This is a clear depiction of how graffiti can mark out a gang’s territory

24 throughout an area, as more graffiti is put up over time. 61st St. and Martin Luther King Jr.

25 Way is within the proposed Safety Zone and NSO territory.

26


                                            - 32 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1          61.    Photo S (right) depicts “6300”

 2 and “NSO” on a steel utilities box near the

 3 corner of Miles Avenue and College Avenue.

 4 This graffiti is located next to an elementary

 5 school and is visible to those driving south on

 6 Miles Ave. and those walking north or south on

 7 Miles Ave, as they pass the school. “6300” is

 8 a representation of those from around the area

 9 of 63rd St in north Oakland. “Putting up this tag signifies that those from the area around

10 63rd Street can also come into an area that they do not frequently spend time, and still

11 mark their presence there. Marking “NSO” also shows that this group is from a street in

12 north Oakland, and a part of the NSO gang, even though it does not designate a specific

13 cross street.    This location is not within the proposed Safety Zone, but it shows that those

14 that are a part of the North Side Oakland

15 gang feel they can travel freely throughout

16 the north Oakland area and mark their

17 territory, almost at will.

18          62.    STREET MEMORIALS – The

19 next series of photographs (photos “T”

20 through “CC”) were taken of a memorial that

21 was set up in the 600 block of 53rd St. The

22 writings show the unity between the cliques

23 of the NSO gang. The memorial was set up

24 for Jeffery “Boonts” Kadaro Smith, who was

25 killed in a vehicle collision in Oakland. The

26 memorial is visible to anyone who drives or


                                             - 33 -
             EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                              NORTH SIDE OAKLAND STREET GANG
 1 walks to the end of the 600 block of 53rd St. In Photo T (right) there are several messages

 2 saying they miss “Boontz.” In the top right corner of the photograph, “6100” is written in

 3 large lettering. “6100” represents individuals who claim that block in NSO territory. Most

 4 commonly, 6100 is a representation of the 6100 block of Shattuck Ave where Bushrod

 5 Park is located, a central location for those from the Bushrod clique of NSO.

 6         63.    In Photo U (right)

 7 there are several messages

 8 written on a poster board. In the

 9 middle of the picture “5300 to

10 6100” and “to 5700” underneath it,

11 is written on the poster board

12 This is to signify allegiance and

13 solidarity between those that claim

14 5300 to 6100, the block numbers

15 in north Oakland, within NSO

16 territory, in which they claim.

17         64.    In Photo V (right) there

18 are multiple references to the NSO

19 gang. One says, “CG’s U all ways

20 welcome on 59 & Shattuck” “-Malik-

21 CG.” ““U all ways welcome on 59 &

22 Shattuck,” is meant to represent an

23 allegiance between those from North

24 Oakland being welcome to 59th St. and

25 Shattuck Ave. which is where Bushrod

26 Park is located. Underneath the


                                            - 34 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1 message it says “-Malik- CG.” Malik appears to be the person who wrote the message

 2 and “Malik” identifies himself Cold Gunnaz, a clique within NSO, associated with Bushrod.

 3 Another message is “Love you 4 eva Bra Bra !Love! 5900.” “5900” is an association with

 4 the block in which a person claims. 5900 is another reference to Bushrod Park, located at

 5 59th St. and Shattuck Ave.

 6          65.    In Photo

 7 W (right) there are

 8 several messages that

 9 reference NSO. On the

10 far right of the photo, it

11 depicts “NSO.” To the

12 left of “NSO” the photo

13 depicts “Love you

14 Boonts 5900 Black D.”

15 The “5900” referenced

16 here is similar to the

17 5900 referenced to in Photo U. The writing appears to have been signed by “Black D.”

18 This may be NSO gang member Darrell Easley, who uses the moniker “Black” and is

19 associated with the Bushrod Park clique of the NSO gang. To the left, just underneath this

20 message, the photo depicts “5900 Coldgunnaz Brother 4 life R.I.P. I love U Brodeey.”

21 This message alludes to a brotherhood between those from Bushrod / Cold Gunnaz with

22 other North Side Oakland gang members. Underneath this writing is “5200.” This is a

23 reference to the block in which they claim, within NSO territory. In the center of this

24 photograph, near the top, there is a depiction of “5700.” This is a reference to those who

25 claim the 5700 block of their street, within NSO territory. The 600 block of 53rd St. where

26 the memorial is set up is within the proposed Safety Zone and NSO territory.


                                             - 35 -
             EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                              NORTH SIDE OAKLAND STREET GANG
 1         66.    The next six photographs are from a memorial set up in the 800 block of 45th

 2 St, near Market St. The memorial is visible to both vehicle and pedestrian traffic traveling

 3 east or west in the 800

 4 block of 45th St. The

 5 memorial is set up for the

 6 birthday of Nguyen Ngo,

 7 who was murdered on April

 8 23, 2009 at this location.

 9 NSO gang members believe

10 that Nguyen Ngo was killed

11 by Berkeley gang members,

12 and his murder started a

13 string of shootings and

14 murders between north Oakland and Berkeley gang members in 2009. Photo X (above)

15 depicts Nguyen Ngo in front of a red Camaro showing the hand sign for ASAP with his

16 right hand and the hand sign for FT with his left hand. ASAP and FT are cliques within

17 NSO and are commonly associated with the area around 45th St. and Market St. Nguyen

18 Ngo was associated with both the ASAP and FT cliques of NSO.

19         67.    Photo Y (right) depicts

20 Nguyen Ngo showing the hand sign for

21 ASAP, a clique within NSO

22

23

24

25

26


                                            - 36 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1         68.    Photo Z

 2 (right) depicts several hand

 3 written messages. One

 4 message in large blue

 5 letters, it reads “ASAP.”

 6 ASAP is a clique within the

 7 NSO gang associated with

 8 the area around 45th St.

 9 and Market St. where this

10 memorial is located. There

11 is also a message that

12 reads, “Young money ASAP.” This is also a reference to the ASAP clique of NSO. There

13 is also a third message in the photo that reads, “RIP Nug ASAP love bra Vonlo.” “Nug” is

14 a reference to Nguyen Ngo and the RIP stands for Rest In Peace, since Ngo was

15 murdered earlier in the year at this location. “ASAP” refers to the ASAP clique of NSO and

16 Ngo’s association with ASAP.

17         69.   Photo AA

18 (right) depicts several

19 messages regarding

20 Nguyen Ngo. Near the

21 bottom left corner there are

22 two messages that read,

23 “ASAP In Peace Nug.”

24 This is a reference

25 associating “Nug” (Nguyen

26 Ngo) with the ASAP clique


                                            - 37 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1 of NSO, even in death. Gang members often memorialize other gang members who have

 2 died to glorify the gang lifestyle and state that revenge may be sought. There is also a

 3 writing near the middle that reads, “5200.” This is a message of a person claiming the

 4 block that they represent or are from, within NSO gang territory. A person from 52nd St.

 5 and Market St. may write this as a dedication to another member who may not claim the

 6 same neighborhood in NSO, but their combined allegiance to NSO is still present. There

 7 is also another writing which reads, “2400 to 4500.” “2400” is often a term used to show

 8 allegiance to the area around 24th Street and Chestnut Street in west Oakland. 4500” is a

 9 term often used to reference the area of 45th Street and Market Street. .

10         70.    Photo BB

11 (right) depicts several

12 messages referencing

13 Nguyen Ngo. On the left it

14 reads, “Gone but never

15 forgotten. Young money.

16 Nug. ASAP.” This is a

17 memorial for Ngo that states

18 his, and the writers,

19 allegiance to the ASAP clique

20 of NSO. There is a similar

21 reference that reads, “R.I.P. Nug. ASAP Bra. Mel.” On the bottom of the photo there is a

22 message that reads, “Free my Lil Dudy. Gunnaz. ASAP.” “Free my Lil Dudy” most likely is

23 a reference to an associate that is incarcerated for an offense. “Gunnaz” is a reference to

24 “Cold Gunnaz.” “ASAP” in this message refers to the ASAP clique of the NSO gang.

25 Having both “Gunnaz” and “ASAP” in the message alludes to the allegiance between both

26 of those cliques from different locations in north Oakland, within the NSO gang.


                                            - 38 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1         71.    Photo CC

 2 (right) depicts messages

 3 in regards to Nguyen Ngo.

 4 In the center of the photo,

 5 there is a message written

 6 that reads, “ASAP fam.”

 7 Gang members may refer

 8 to themselves as “family,”

 9 giving them a bond that

10 they share as gang

11 members that they do not

12 share in the same way

13 with their real families. The bond between gang members can be even tighter and more

14 meaningful to a gang member than the bonds that the member has with his own family.

15 Depicting “ASAP fam” is a reference to the “brotherhood” or close ties that the ASAP

16 clique of NSO shares between its members. To the left of that message is another that

17 reads, “RIP Nug the Docta. ASAP ym we a team.” This message is similar to the first

18 message. The first message refers to ASAP as a family and the second refers to ASAP

19 as a team. They are similar in that they share a bond with each other and act as a single

20 unit comprised of multiple individuals sharing a common interest and conducting activities

21 together, as a “team.” “Docta” in the second message is a reference to Ngo, whose

22 nickname was “Doc.” All of the six photos (above) made up the memorial in the 800 block

23 of 45th St, near Market St. The 800 block of 45th St. is within the proposed Safety Zone

24 and NSO territory.

25

26


                                            - 39 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1

 2

 3

 4

 5

 6

 7

 8

 9

10

11

12

13

14

15         72.    Photo DD (above) depicts “FT, ASAP, Circle fam”, “Gas Team, Lil KB”,
16 “Cold Gunnaz”, “WUB click”, “5600”, “Dover 2 Gaskill”, “ICE CITY”, “ED FRESH”, “4500,”

17 This graffiti is in the 5800 block of Racine St, located near Bushrod Park. The graffiti is

18 visible to those driving and walking, both north or south on Racine St. WUB click stands

19 for “Wake Up Boys,” which I understand to be a group of younger males from north

20 Oakland that pride themselves on committing robberies. “5600” is a reference to 56th St.

21 in north Oakland. “Dover to Gaskill” is a reference to Dover Street (part of the Bushrod

22 clique area). and Gaskill Street (center for the Gaskill clique). Dover Street runs from 52nd

23 St. to Alcatraz Ave and is close to the Bushrod clique of NSO. Gaskill St. is farther west,

24 near San Pablo Ave. This graffiti is significant because it shows the expansive territory of

25 the NSO gang, stretching nearly from the eastern border of NSO gang territory to the near

26 west border of NSO gang territory, all within the proposed Safety Zone. “4500” is a claim


                                            - 40 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1 specifically to 45th St. in north Oakland, most often associated with the area around 45th

 2 St. and Market St. The 5800 block of Racine St. is within NSO territory and is near

 3 Bushrod Park, a stronghold of the Bushrod clique of NSO.

 4         73.     Photo EE (right) depicts

 5 “NSO” and “Derrick” etched into the

 6 concrete sidewalk. The graffiti is visible

 7 to those walking north or south on

 8 Racine St., and those driving north or

 9 south on Racine Street.     “Derrick” is

10 most likely the name of the person who

11 etched the graffiti into the sidewalk. The

12 fact that “Derrick” etched NSO above his

13 name is most likely a claim to the fact that Derrick is a member of the NSO gang. The

14 5800 block of Racine Street. is within NSO territory and is near Bushrod Park.

15         74.     Photo FF (right) depicts

16 “5900” etched into the sidewalk in the

17 5800 block of Racine Street. The graffiti

18 is visible to those both driving or walking,

19 north bound or south bound on Racine

20 Street. “ “5900” is a reference to 59th

21 Street at Shattuck Avenue in

22 northOakland, where Bushrod Park is

23 located.

24

25

26


                                              - 41 -
              EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                               NORTH SIDE OAKLAND STREET GANG
 1         75.     Photo GG (right)

 2 depicts “600 shit”, “Ice City”,

 3 “ASAP Bitch”, and “We rockin.”

 4 The photograph is located on

 5 the east side of the Chaparral

 6 Hotel, located at 5425 San

 7 Pablo Avenue. It is especially

 8 visible to those walking or

 9 driving south in the 5400 block

10 of San Pablo Avenue. This area

11 (54th Street and San Pablo

12 Avenue) is well known for being frequented by members of the Gaskill clique of the NSO

13 gang. “600” is a term for those who claim the sixties (60th Street northward to the Berkeley

14 border) in north Oakland. “ASAP” is a clique within NSO. “ASAP Bitch” is an

15 advertisement for the ASAP clique in this area. “We rockin” may be a term to show that

16 ASAP and those from the sixties (“600”), within NSO, are active or associate in this area.

17 “Ice City” is a common reference to the NSO gang. The term “Ice City” with the other

18 graffiti shows “ASAP” and “600” clique members have an allegiance to the NSO gang.

19 5425 San Pablo Ave. is within NSO territory.

20         Car Thefts

21         76.    It is my opinion, based on my training, experience, investigation and the

22 evidence to date, that members of the NSO gang are responsible for many stolen car and

23 carjacking incidents which occur in the proposed Safety Zone. These stolen vehicles are

24 often used as a “getaway” car to commit other crimes, such as burglaries and robberies,

25 and then abandoned. This method allows the suspects to avoid being caught if robbery

26 victims or witnesses see the vehicle license plates. Some of the carjackings occur outside


                                            - 42 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1 the proposed Safety Zone, but the cars are later recovered inside the proposed Safety

 2 Zone, where they were brought to be stripped of valuable parts. NSO gang members feel

 3 that their territory is a relatively safe place to take stolen vehicles as they have a lesser

 4 chance of being reported. Monetary gains from the sales of stolen automobiles or parts

 5 may also be re-distributed into the gang through the purchase of guns, controlled

 6 substances to sell at the street level, or to show personal wealth glorifying the values of

 7 gang lifestyle. Being seen in a stolen vehicle can also bolster one’s reputation within the

 8 gang.

 9         77.    The following are some examples (summaries based on information and

10 belief developed after reviewing crime reports and other information) of car thefts which,

11 based on the evidence to date, I believe to be connected to NSO gang members:

12     a. On January 6, 2008 around 1:10 a.m., a 65 year old asian male was on the 2900

13         block of Coolidge Avenue in east Oakland loading goods into his vehicle for

14         business. Three black males appeared and pushed him to the ground, then drove

15         off with the victim’s 1991 Nissan, which had its keys inside. The car was found by

16         Oakland Police on January 10 parked in the 900 block of 52nd Street in north

17         Oakland in area claimed by the NSO gang and within the proposed Safety Zone.

18         RD# 08-001184, paragraph 4 of the Declaration of Ofc. Aylworth, Joel.

19     b. On March 13, 2008 around 8:30 a.m., police investigated a car theft. The victim, a

20         51 year old black female, came out of her residence to get a cigarette from her car

21         which was parked on the 6100 block of Shattuck Avenue, which is within the

22         proposed Safety Zone. Three black males aged between 20 – 25 years old

23         approached her. One suspect pointed a handgun at her and said “give me your

24         keys.” The victim complied, out of fear for her life, and the suspects drove off in the

25         vehicle. RD# 08-019225, paragraph 4 of the Declaration of Ofc Haney, John;

26     c. On April 11, 2008 around 2:50 p.m., a 67 year old man parked a silver Chrysler van


                                            - 43 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
1       in front of 5526 Martin Luther King Jr. Way, which is within the proposed Safety

2       Zone, and went to drop off a box. After he crossed the street, he heard the vehicle

3       start and saw someone drive it away without permission. This van was identified on

4       April 14 and 15, 2008 in a strong arm robbery and an attempted burglary described

5       below. RD# 08-027098, paragraph 4 of the Declaration of Ofc. Albert, Nicholas

6    d. On April 14, 2008 about 3:47 p.m., a 46 year old white female was walking on

7       Shafter Avenue at Clifton Street after leaving the BART station. She saw a black

8       male wearing a yellow t-shirt walk towards her. The suspect suddenly pushed her

9       and grabbed the purse from her shoulder. The contents of her purse spilled out

10      and the suspect grabbed them and fled to a motor vehicle. The victim gave the

11      license plate number to the police and it matched a stolen silver Chrysler van. The

12      van was stopped the next day (April 15, 2008) and known NSO associate Eric

13      George was arrested. A yellow shirt was in the van. RD# 08-027890, paragraph 4

14      of the Declaration of Ofc. Cheung, Christine and RD# 08-27098, paragraph 6 of the

15      Declaration of Ofc. Pappas, William

16   e. On April 15, 2008 around 9:38 a.m., a 44 year old white man heard someone

17      breaking into his residence in the 600 block of 57th Street, which is within the

18      proposed Safety Zone. When neighbors saw one of the suspects pulling at the rear

19      screen door, the two black male suspects ran to a Silver van and drove off. Police

20      were called and a description of the van was broadcast. The suspect, Eric M.

21      George, was arrested later that day after being caught in the van. George is an

22      associate of the NSO gang. He admitted to possessing the van he knew to be

23      stolen (from the April 11, 2008 incident), and to committing the burglary. RD# 08-

24      028035, paragraph 5 of the Declaration of DeLaVega, Timothy

25   f. On August 9, 2008 around 1:09 p.m., a 23 year old black male was on the 2900

26      block of Coolidge Avenue in East Oakland, standing outside of his 2001


                                         - 44 -
         EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                          NORTH SIDE OAKLAND STREET GANG
1       Oldsmobile. Two black males aged 16 to 22 years old jumped out of a black SUV

2       and pointed guns at the victim. They said “give me your keys.” The victim dropped

3       his keys and ran away. The suspects drove off with the car, without any

4       permission. The victim stated he would NOT be willing to press charges. On

5       August 11, 2008, the Oldsmobile was found in the rear yard of 927 Apgar Street,

6       along with two other vehicles – a carjacked Cadillac that was stripped, and a stolen

7       Mazda pickup. RD# 08-058450, paragraph 6 of the Declaration of Ofc. Jew,

8       Theodore. This address, which is within the proposed Safety Zone and the turf of

9       the ASAP and Fuck That cliques of the NSO gang, is a boarded up property being

10      used for stripping stolen vehicles without the owner’s permission.

11   g. On August 15, 2008, about midnight, a 21 year old black male and his brother were

12      parked for 30-40 seconds at the 4200 block of International Boulevard in east

13      Oakland. A black male around 23 years old and a black male around 14 years old,

14      came running toward them. Both suspects were holding black handguns with

15      extended magazines. One suspect ordered, “gimme what you got” and the victim

16      gave $250. The suspects then drove away with the victim’s 2006 Pontiac. The car

17      was found in the rear yard of 927 Apgar Street on August 17, 2008, along with a

18      Dodge Charger that had been stolen earlier. That location is the same one where

19      additional stolen cars were recovered on August 11, 2009 (described above). The

20      stereo and custom speaker box had been removed from the Charger. RD# 08-

21      0559978, paragraph 4 of the Declaration of Ofc Frye, Aaron

22   h. I am informed and believe that on September 21, 2009 around 10 p.m., NSO

23      members Malachi Simpkins and a juvenile member I will refer to as D.J. (16 years

24      old) were detained after found driving a stolen car. In the 5200 block of Market

25      Street (which is located within the proposed Safety Zone. Simpkins was arrested for

26      vehicle theft and possession of stolen property. RD# 09-064101.


                                         - 45 -
         EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                          NORTH SIDE OAKLAND STREET GANG
 1               D.          DISCUSSION OF THE NORTH SIDE OAKLAND GANG

 2                           AND ITS ACTIVITIES, CULTURE AND VALUES

 3         NSO’s Organization and Structure

 4         78.        Based on my investigation and the evidence I have reviewed to date, I

 5 believe that there are currently approximately 45 adult members and approximately 20

 6 juvenile members of NSO and its cliques.

 7         79.        NSO is not highly structured; it doesn’t have a formal hierarchy like other

 8 more organized gangs. This is not unusual for contemporary black/African-American

 9 street gangs in Northern California.       The gang does not have a business address or

10 mailing address that I know of. Gang members tend to communicate by word of mouth, by

11 telephone, internet-based social networking sites or by text messages.

12         80.        NSO’s membership is continually evolving as new members join and gain

13 seniority. NSO gang members recruit persons living in its claimed turf, have relatives

14 living in the claimed turf, or who gang members meet at school.

15         81.        Before being accepted in to NSO, a potential member proves himself by

16 committing less serious crimes. A common NSO right of initiation is to have young kids

17 act as lookouts for controlled substance sales, or to have them hold or run drugs so the

18 senior NSO member is difficult to catch. Performing rat pack robberies is another common

19 way of gaining status in the NSO gang as I explained in paragraphs 37 – 38 of my

20 Declaration (above). New members also spread and claim NSO’s territory by marking

21 graffiti. Gang members increase their status with the gang through any act, usually

22 criminal, that benefits the gang. For example, committing crimes solidifies the gang’s

23 claim to its turf, and it supports its monopoly selling controlled substances in the turf. It

24 also increases the gang’s profile and fear amongst other gangs and residents of the

25 community.

26         82.        Even when NSO gang members themselves are victims of crime, they


                                             - 46 -
             EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                              NORTH SIDE OAKLAND STREET GANG
 1 usually refuse to cooperate with police. NSO gang members will instead extract their own

 2 revenge against the person they suspect. I have found that once an NSO member is shot

 3 or killed, a member of the rival gang will be shot or killed soon thereafter. In 2009 there

 4 was a high number of shootings and murders within the proposed Safety Zone going back

 5 and forth between the NSO gang and gangs from Berkeley, including the “Waterfront”

 6 gang, and some gangs from west Oakland, immediately to the south of NSO territory.

 7         Identifying The NSO Criminal Street Gang

 8         83.     The NSO gang is known by a number of names, all of which have references

 9 to the north, or cold imagery, or to the numbered streets which pass through their turf.

10 The most common names besides NSO include “Polar Bears,” “Ice City,” “North Pole,” or

11 4-5-6 (referring to the 40’s, 50’s and 60’s numbered streets in NSO turf).

12         84.     A “clique” is a subset of a gang. Some of the cliques that are part of NSO

13 are Bushrod, ASAP, Fuck That (FT), Gaskill Maniacs, Wake Up Boys (WUB), and Cold

14 Gunnaz. These clique names identify with the neighborhood within north Oakland that

15 many of the members hang out at or commit their crimes in. NSO clique members often

16 socialize or commit crimes with other NSO clique members. NSO cliques commit

17 homicides, batteries, and assaults in retaliation for attacks on members of other NSO

18 cliques.

19         85.     NSO cliques are currently friendly to each other. NSO graffiti frequently

20 combines “NSO” with the name of one or more cliques. I have also seen graffiti

21 references to “cool nights,” which means that the NSO cliques are all “cool” with each

22 other and not fighting. The alliance of all the cliques under the NSO umbrella is also made

23 very clear by the fact that different NSO clique members are frequently detained or

24 arrested together.

25         86.     NSO gang members identify themselves and their membership in NSO by

26 marking NSO turf with graffiti vandalism. I have described NSO gang graffiti in detail in


                                              - 47 -
              EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                               NORTH SIDE OAKLAND STREET GANG
 1 paragraphs 42 through 75 and Photos A through GG of my declaration above. It literally

 2 marks NSO’s claimed sphere of control to warn off rival gangs and to instill fear in and

 3 intimidate residents of the area. The graffiti is a public nuisance that creates visual blight,

 4 diminishes property values, and is a burden on resident and public finances arising from

 5 clean up costs.

 6         87.    One of the most common ways to show gang membership is to have tattoos.

 7 Tattoos will show the gang name and clique, gang moniker or “nick name” and may be

 8 accompanied by the initials MOB (Money Over Bitches), which shows the member’s

 9 allegiance to the economic goals of gang membership. A polar bear illustration or snow or

10 icicles on lettering will emphasize membership in NSO. It is also very common to have a

11 tattoo memorializing a gang member who was killed by a rival gang, such as “RIP Doobie.”

12         88.    NSO members use hand signs that identify NSO and their clique to the

13 neighborhood residents and any suspected rival gang members. This is referred to as

14 “throwing” or “flashing” gang signs. NSO’s main hand sign is making the letter “N” by

15 folding down the thumb and middle finger, extending the other three fingers, and touching

16 the tips of the ring and index finger. Examples of clique handsigns are ASAP (the letter

17 “A” shown by the middle finger and ring finger extended downward with the thumb in

18 between the middle and ring fingers. The Index and pinky can be extended downward or

19 folded up.); Fuck That (middle finger extended downward with index, ring and pinky folded

20 up, but with the thumb extended to the side). Using hand signs as method of showing

21 NSO gang affiliation is convenient because it is more difficult for police to detect, and can

22 be targeted a particular persons when accompanied with eye contact. This is especially

23 true for NSO because its members do not where any particular color of clothing.

24         89.    Another distinct practice of NSO members is to wear certain clothing, such

25 as hats, shirts, or sweatshirts decorated with embroidery or silkscreening that depict gang

26 names or members. These are often custom-made clothing. For example, and ASAP


                                            - 48 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1 clique member will wear an Oakland “A’s” baseball hat, and will often have additional

 2 letters embroidered on it “S.A.P” next to the “A’s” logo. Some hats will even have

 3 additional lettering embroidered on the back showing the clique’s drug distribution corner.

 4 Pittsburg Pirates hats are also popular because they bear the letter “P”, which is the same

 5 as “polar bear.” Members of the “Cold Gunnaz” clique of the NSO often wear a Cincinnati

 6 Red’s baseball, hat, which has a “C” logo on the front. Oakland “A’s,” Pittsburgh, or

 7 Cincinnati hats without additional marking or embroidery do not necessarily equate with

 8 NSO membership. As with tattoos, it is popular among NSO members to wear a t-shirt

 9 with a photo of a dead gang member and various memorial messages printed on it.

10         90.    NSO members are primarily African-American males, with the exception of

11 the Ngo brothers, who are asian.. Nguyen Ngo was shot and killed in April 2009 –

12 Berkeley gang members are suspected of the murder. I have become aware of a

13 developing NSO gang clique of black female juveniles who call themselves the Take Over

14 Girlz (T.O.G.). They are from the Bushrod area of NSO territory. We are still investigating

15 this new clique, but they appear to commit violent robberies and batteries.

16         91.    NSO’s rivals include south and west Berkeley gangs and Active Team, a

17 gang from west Oakland. I know this from reading a multitude of crime reports and other

18 evidence which documents crimes between these gangs. These rivalries have plagued the

19 neighborhood with violent attacks in 2008 and 2009, resulting in many public shootings

20 and murders, including the deaths of many bystanders.

21                  E. NSO’S QUALIFICATION AS A “CRIMINAL STREET GANG”

22         92.    Based on my investigation to date, I believe that NSO qualifies as a “criminal

23 street gang” under the definition set forth in California Penal Code section 186.22, the

24 Street Terrorism Enforcement and prevention Act (“STEP Act”) because NSO is an on-

25 going association (since approximately 2002) of three or more persons (at least 33

26 members, including eight juveniles) having as one of its primary activities the commission


                                            - 49 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1 of certain felonies listed in section 186.22(e) including murder, attempted murder, ADW

 2 (assault with a deadly weapon or by means of force likely to produce great bodily injury),

 3 shooting a firearm at an occupied structures, robbery, GTA (grand theft auto), burglary,

 4 criminal threats, felony vandalism (graffiti), witness and victim intimidation, various gun

 5 violations including possession of a concealed and/or loaded firearm or a felon in

 6 possession of a firearm or ammunition, and narcotics trafficking (illegal sales of controlled

 7 substances), having a common name (NSO), whose members individually or collectively

 8 engage in a pattern of criminal gang activity, which is defined in section 186.22(e) as the

 9 commission or attempted commission of one or more predicate crimes.

10         93.    The Penal Code only requires that a group of people who meet all the other

11 requirements (3 or more members, on-going existence, common name, etc) only need to

12 have committed two predicate crimes to be classified as a “criminal street gang.” In my

13 discussion of individual named gang members in Section E below, I describe four

14 predicate felony convictions and pending cases against a number of NSO gang members.

15 I am also aware of many more felony convictions against other NSO gang members,

16 which I believe are discussed in the expert declarations of my colleagues Sgt. Ortiz, Ofc.

17 Clark, and Ofc. Cunnie. In addition, Section E of my declaration described dozens of other

18 nuisance activities committed by NSO gang members.

19         94.    I have been informed by one opinion published by the California Court of

20 Appeal, People v. Englebrecht, stated that for the purpose of a gang abatement injunction,

21 a “criminal street gang” is the same as defined by the STEP Act, “with the modification that

22 the group have as one of its primary activities, not the commission of enumerated crimes,

23 but rather the commission of the acts constituting the public nuisance. And whose

24 members individually or collectively engage in not necessarily a pattern of criminal activity,

25 but rather a pattern of activity amounting to the public nuisance.” I am further informed

26 that a nuisance is defined in Civil Code section 3479 as “[a]nything which is injurious to


                                            - 50 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1 health, including, but not limited to, the illegal sale of controlled substances, or is indecent

 2 or offensive to the senses, or an obstruction of the free use of property, so as to interfere

 3 with the comfortable enjoyment of life or property, or lawfully obstructs the free passage or

 4 use, in the customary manner, of . . . any public park, square, street, or highway, is a

 5 nuisance”; and a public nuisance is defined in Civil Code section 3480 as “[a nuisance]

 6 which affects at the same time an entire community or neighborhood, or any considerable

 7 number of persons, although the extent of the annoyance or damage inflicted upon

 8 individuals may be unequal.”

 9         95.    In my opinion, NSO qualifies as a “criminal street gang” under the language

10 in People v. Englebrecht (quoted above), because all the same activities which qualify

11 NSO as a criminal street gang under the STEP Act, such as murder, attempted murder,

12 ADW, robbery, GTA, burglary, criminal threats, felony vandalism (graffiti), witness and

13 victim intimidation, and narcotics trafficking (illegal sales of controlled substances), also

14 qualify NSO as a criminal street gang for the purpose of a gang abatement injunction

15 because those criminal activities as done by NSO amount to a public nuisance in that they

16 interfere with the community’s comfortable enjoyment of life and of property.

17                    F. IDENTIFICATION OF INDIVIDUAL NSO GANG MEMBERS

18         96.    Based on several factors and the totality of the evidence I have reviewed to

19 date, it is my opinion that the following persons are members of the NSO criminal street

20 gang. Factors which I have taken into account in reaching these conclusions include self-

21 admission, identification by others, criminal acts history (including the type and location of

22 criminal acts), association with known members of the NSO gang, and the wearing of

23 gang tattoos, photographs, and writings. This is the same criteria used by law

24 enforcement officers throughout the State of California to identify gang members.

25         97.    I consider admissions of gang membership by individuals to law enforcement

26 to be reliable evidence of their membership in a gang. Within the gang culture, if a non-


                                             - 51 -
             EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                              NORTH SIDE OAKLAND STREET GANG
 1 member falsely claims membership in the gang, actual members would retaliate against

 2 the non-member. As a result, if an individual claims membership in the gang, it is likely

 3 because the person is a member. Gang members make admissions of membership to law

 4 enforcement officers during consensual encounters, when they are victims or suspects in

 5 a crime or when they are being admitted to a jail. Admission is just one factor I look at, as

 6 gang members have come to realize that their admissions can be used against them in

 7 court, and, fewer members are willing to admit membership to law enforcement.

 8         98.    Identification by others, including friends, fellow gang members and

 9 associates, and area residents.

10         99.    A person’s individual criminal history is also important in determining that

11 person’s membership in a gang. I review the person’s history to see what crimes he has

12 committed, where the crimes were committed, and with who, if anyone, he committed his

13 crimes with. I also review that person’s criminal convictions. If the person committed the

14 crime in the gang’s turf, and/or the crime promoted the gang’s reputation, or the intended

15 victim of the crime was a rival gang member, I consider this to be evidence of the person’s

16 gang membership. Controlled substances dealing crimes are especially indicative of gang

17 membership, as the seller would have to be a gang member in order to avoid being

18 assaulted or killed while standing outside, selling controlled substances in the gang’s

19 territory.

20         100.   A person’s association with other known gang members is another important

21 factor in my analysis of whether he or she is a gang member. Gang members will

22 generally associate only with other members of their own gang and gangs which their

23 gang has an alliance because they trust these other gang members. Gang members will

24 also generally associate with each other in their claimed territory because they feel safe

25 there. Therefore, if an individual is seen associating with other known members of the

26 NSO gang, in NSO territory, I consider this to be evidence of the individual’s membership


                                            - 52 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1 in the gang.

 2         101.   Gang tattoos are another factor I consider when determining whether a

 3 person is a gang member. A tattoo is a permanent mark, and signifies a permanent

 4 commitment to the gang. Moreover, within the gang culture, non-members are not

 5 permitted to wear tattoos of the gang on their bodies without fear of retaliation by gang

 6 members. Consequently, if an individual wears a tattoo of NSO, I consider this to be very

 7 strong evidence of that individual’s membership status in NSO.

 8         102.   The wearing of clothing with identifying gang marks is another important

 9 factor I consider in determining whether a person is a gang member. Gang clothing worn

10 by NSO members is somewhat unique. The NSO gang does not claim any particular

11 color; this is common among black / African-American gangs. NSO members have

12 distinct ways of marking their clothing, such as having them silkscreened with photos or

13 graphics depicting “NSO,” “Ice City,” “North Pole,” and “Polar Bears.” Wearing NSO

14 clothing shows allegiance and membership in a gang because non-members wearing

15 such clothes would be subject to retaliation by real members. Also, wearing NSO gang

16 clothing in public would make the person an identifiable target for rival gang members.

17 NSO gang members can wear NSO clothing in their territory without fear of being

18 attacked. Therefore, if a person wears gang clothing, I consider that as evidence that they

19 are members of the gang.

20         103.   I also consider whether a person is depicted in any gang photos, with other

21 known members of the gang, flashing gang hand signs, showing gang tattoos, and/or

22 brandishing weapons or drugs. It is very common for NSO members to keep and display

23 photos showing their pride in their gang membership.

24         104.   I have been asked to offer an opinion as to whether certain named

25 individuals are members, associates, or affiliates of the defendant NSO gang. As

26 discussed below (including summaries referencing some of the evidence specific to each


                                            - 53 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
 1 gang members that I used to form my opinion), the following are active adult members of

 2 the NSO criminal street gang:

 3           •        Marcelus Collins

 4           •        Tyrone Elebeck

 5           •        Bao Viet Ngo

 6           •        Lucious Taylor

 7           •        Eric Tullis

 8           105.     Marcelus “Celly” Collins: I know of Marcelus Collins through contact with

 9 him as a Police Officer, contact with his family, and reviewing his arrest reports from the

10 Oakland Police Department. Based on my training, experience, and investigation to date,

11 it is my opinion that Marcelus Collins is an active member of the NSO criminal gang and is

12 a younger member of this gang.

13         a. Collins has a pending felony case against him for 245(b) Penal Code (assault with a

14           deadly weapon on August 9, 2009), and 136.1(a)(2) Penal Code (threatening or

15           coercing a witness to not testify) – (September 17, 2009), Docket #2162284

16         b. Collins is known by the moniker “Celly.”

17         c. Collins has been identified, by a witness, as a person who sells drugs in the area

18           around the 6200 block of San Pablo Ave, which is an area claimed by the NSO

19           gang as its turf and within the proposed Safety Zone.

20         d. On August 9, 2009, at about 2:30 a.m., William Allen and Collins were standing in

21           the 6200 block of San Pablo Avenue when a green vehicle drove southbound San

22           Pablo Avenue. Collins fired a handgun multiple times in the direction of the vehicle.

23           Allen was struck in the chest by a stray bullet. An independent witness said the

24           shooter was “Marcelus” and that Allen and “Marcelus” sell drugs together in the

25
       2
           Unless otherwise specified, all references to “Docket #” are Alameda County Superior Court criminal
26 case numbers.


                                                 - 54 -
                 EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                                  NORTH SIDE OAKLAND STREET GANG
1      area. Collins was later arrested and charged with assault with a firearm. OPD

2      Report Number RD# 09-054099, paragraph 6 of the Declaration of Ofc. Pulsipher,

3      James and paragraphs 4-14 of the Declaration of Ofc. Morrow, Frank

4    e. On September 1, 2009, Collins was arrested for the August 9, 2009 assault. I

5      personally spoke with Collins when he was arrested. I asked Collins where he was

6      from, which in street slang means “what gang do you belong to” and he replied,

7      “The Sixties.” I know that members of NSO that claim to be from, or live from 60th

8      Street up to 67th Street to the Berkeley border will refer to the area as “the Sixties.”

9      A subsequent search warrant was served at Collins’ home at 1152 62nd St. Collins’

10     mother stated that she fears what Collins is involved in is going to get him hurt or

11     killed. During the search of the house, photos were found showing Collins holding

12     up an NSO gang hand sign, showing an unidentified black male holding up a “five”

13     handsign signifying the “Fifties” area of NSO gang territory and another photo of an

14     apartment complex located at 1135 62nd St. This apartment complex has a heavy

15     incidence of controlled substance sales activity. The photo shows graffiti on a

16     dumpster housing that says “North Oakland.” A true and correct copy of this graffiti

17     and of Collins showing an “NSO” handsign are attached hereto as Photo HH and

18     Photo II. There is also graffiti on a wall in the background that also says “North

19     Oakland.” North Oakland is a term to describe NSO’s territory.

20

21

22

23

24

25

26


                                        - 55 -
        EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                         NORTH SIDE OAKLAND STREET GANG
1

2

3

4

5

6

7

8

9

10

11        Photo HH depicting “North Oakland” gang graffiti at 1035 62nd Street. (above)

12

13

14

15

16

17

18

19

20

21

22        Photo II depicting Marcelus Collins displaying “NSO” handsign . (above)
23   f. On September 15, 2009, Collins was charged with threatening to harm a witness to
24     the shooting that occurred on August 9, 2009 at San Pablo Avenue and 62nd Street.
25     RD# 09-063058 Morrow, Frank.
26


                                        - 56 -
        EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                         NORTH SIDE OAKLAND STREET GANG
1         106.   Tyrone “TJ” Elebeck: I know of Tyrone Elebeck from my contact with him

2 as a Police Officer and through a review of his arrest reports, criminal history, and contacts

3 with other Oakland Police officers. Based on my training, experience, and investigation to

4 date, it is my opinion that Tyrone Elebeck is an active member of the NSO criminal gang.

5     a. Elebeck has been referred to by the moniker “T.J.”.

6     b. Elebeck has been identified by other Oakland Police Officers, as well as other

7         citizen informants, to be a drug dealer in the area of 45th Street and Market Street,

8         which is an area claimed by NSO and is within the proposed Safety Zone.

9     c. Elebeck’s reported address is within the proposed Safety Zone.

10    d. On January 12, 2007, at approximately 8:25 a.m., Elebeck threw a rock through a

11        bedroom window of a residence in the 800 block of 47th Street. Elebeck was

12        arrested for vandalism on March 3, 2007 and convicted. RD# 07-003995 and 07-

13        004007, paragraph 4 of the Declaration of Ofc. Roundtree, Johnetta

14    e. On April 12, 2007, at approximately 8:00 p.m., Elebeck was contacted by Oakland

15        Police with Michael Davis and Donyell Crain in front of 969 55th St. A resident had

16        phoned OPD to report a group of suspicious persons hanging out at this location.

17        Elebeck, Davis, and Crain were found inside a 1993 Honda Civic. A memorial site

18        had been set up at this location for a murder victim. I believe the memorial was for

19        Steven Bailey who was killed on March 22, 2007. Bailey was a known Gaskill

20        clique member of NSO gang. It is common for members of NSO to set up street-

21        side memorials for fellow gang members who have died or have been murdered.

22        Individuals who are associated with this person will commonly hang out at these

23        locations while the memorials are still set up. This memorial was set up in an area

24        within NSO territory and near Gaskill Street, where Gaskill clique members of NSO

25        can be found. The 900 block of 55th St. is also within NSO territory and the

26


                                           - 57 -
           EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                            NORTH SIDE OAKLAND STREET GANG
1       proposed Safety Zone. FC# 07-024499, paragraph 4 of the Declaration of Ofc.

2       Smoak, Jeffrey

3    f. Also on October 4, 2007 around 8:12 p.m., police observed Elebeck loitering in

4       front of the liquor store located at 45th Street and Market Street, which is an

5       established drug sales location in the proposed Safety Zone. Elebeck was warned

6       and released. FC# 07-068846, paragraph 10 of the Declaration of Ofc. Holton,

7       Rochard

8    g. On October 15, 2007 Elebeck was contacted by Oakland Police in the 800 block of

9       31st Street with Albert Williams, Daron Sims, Stephon Anthony, Bao Ngo, and

10      Nguyen Ngo for loitering in the area. Stephon Anthony, Bao Ngo and Nguyen Ngo

11      are members of NSO. Williams admitted to possessing marijuana, and police

12      recovered two bags from him. Sims was arrested for outstanding warrants and

13      found to possess three bags of marijuana. Bao Ngo also admitted to having

14      marijuana on him; two bags of marijuana were found on his person. Ten rocks of

15      cocaine base were also recovered, hidden in a tree near where the suspects were

16      standing. Nguyen Ngo, Stephon Anthony and Tyrone Elebeck all consented to

17      being search and nothing was found in their possession. Six hundred dollars was

18      also found in possession of Bao Ngo, Williams, and Sims. Bao Ngo, Williams, and

19      Sims were arrested for loitering for the purposes of narcotic activity. RD# 07-

20      080702, paragraph 6 of the Declaration of Ofc. Baker, Bradley

21   h. On November 10, 2007, at approximately 8:30 p.m., a robbery was reported in the

22      4500 block of Market St. The victim had been sitting in his car. The suspect, later

23      identified as Tyrone Elebeck, entered the front passenger seat and pointed a

24      firearm at the victim saying, “O.G. Give me everything in your pockets!” Elebeck

25      took $100, a cell phone, and the vehicle keys from the victim. Elebeck then fled on

26      foot. The victim identified Elebeck as the suspect responsible for the robbery and


                                         - 58 -
         EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                          NORTH SIDE OAKLAND STREET GANG
1         Elebeck was later arrested on a warrant. The 4500 block of Market St is within

2         NSO territory and the proposed Safety Zone. RD# 07-087809, paragraph 13 of the

3         Declaration of Ofc. Spediacci, Michael

4    i.   On November 29, 2007, at approximately 7:00 p.m., Elebeck was stopped by

5         Oakland Police in front of the liquor store at 4501 Market Street. He was in illegal

6         possession of 3 small zip lock baggies containing marijuana and a bottle of

7         prescription codeine. A search warrant was then served at Elebeck’s residence at

8         843 44th St. One box of ammunition, packaging materials for both marijuana and

9         cocaine, a key to the residence, indicia in Elebeck’s name, and U.S. currency were

10        recovered from Elebeck’s bedroom. Elebeck was arrested for possession of

11        marijuana for sale and possession of narcotics. The 4500 block of Market St.,

12        where Elebeck was first located, and the location of the search warrant, are both in

13        NSO territory and within the proposed Safety Zone. RD# 07-092395, paragraph 12

14        of the Declaration of Ofc. Holton, Rochard; and paragraph 5 of the Declaration of

15        Ofc. Crum, Omega.

16   j.   On December 4, 2007, at approximately 2:28 p.m., Elebeck was stopped by

17        Oakland Police at 45th St. and Market St. (within the proposed Safety Zone) with

18        William Nash III and Jamonie Robinson. The officer had been dispatched to the

19        call to investigate suspected drug activity in the area. FC# 07-071048, paragraph 7

20        of the Declaration of Ofc. Nowak, Steven

21   k. On December 11, 2007, at approximately 2:59 p.m., Elebeck was arrested by

22        Oakland Police while standing at the corner of 45th and Market Streets for the

23        robbery incident on November 10, 2007 described above. The 4500 block is the

24        same location where the robbery had taken place and is within NSO territory, as

25        well as the proposed Safety Zone. RD# 07-095368, paragraph 13 of the

26        Declaration of Ofc. Holton, Rochard


                                           - 59 -
           EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                            NORTH SIDE OAKLAND STREET GANG
1    l.   On July 17, 2008, at approximately 5:00 p.m., while on duty, I detained Tyrone

2         Elebeck in the 4500 block of Market Street after a report that he had a firearm. The

3         occupants of the van were David Ward and Dupree Watkins. No firearm was

4         recovered. A toy BB gun (that resembled a real handgun) was found nearby the

5         van. The 4500 block of Market St. is within NSO territory and the proposed Safety

6         Zone. David Ward is also a member of NSO gang. FC# 08-045425.

7    m. On August 12, 2008, at approximately 11:37 a.m., Elebeck was a passenger in a

8         Honda Civic, along with Daniel Cornist II and Gregory Nelson Jr. Cornist was

9         driving. While in the 5200 block of Market St, a black Nissan SUV pulled up next to

10        them and started shooting. A long pursuit followed during which about 50 shots

11        were fired at the Honda, hitting Cornist and Nelson. Elebeck made a statement that

12        the suspects looked like gang members from west Oakland. I am informed that this

13        incident is summarized in the Expert Declaration of Ofc. John Cunnie at paragraph

14        28j. Also see paragraph 7 of the Declaration of Ofc. Murphy, Brian and paragraph

15        4 of the Declaration of Ofc. Messier, Robert

16   n. On October 15, 2008, at approximately 6:45 p.m., a black female was walking out

17        of a store in the 4400 block of Market Street. She saw Elebeck, who she knows,

18        sitting in the passenger seat of a vehicle. When Elebeck saw the victim, he exited

19        the vehicle and grabbed her by the hair. Elebeck began to swing the victim by her

20        hair, causing her to fall to the ground. Elebeck then dragged the victim across the

21        sidewalk by her hair, tearing out sixteen braids from her scalp and leaving two bald

22        spots. While doing this Elebeck was yelling, “Bitch, I’m gonna kill you!” All of this

23        occurred outside, viewable from the street. Elebeck then got back into the vehicle

24        and fled the scene. RD# 08-076654, paragraph 3 of the Declaration of Ofc. Creed,

25        Jamin

26


                                           - 60 -
           EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                            NORTH SIDE OAKLAND STREET GANG
 1      o. On March 13, 2009, at approximately 3:50 p.m., Elebeck was contacted by police

 2         with Nguyen Ngo and Darron Nelson loitering in front of 888 45th Street. They often

 3         hangout in front of the apartments on the corner of 45th St. and Market St. Police

 4         advised Elebeck, Ngo and Nelson to stop loitering in the area. The 800 block of

 5         45th St. is within NSO territory and the proposed Safety Zone. Nguyen Ngo was a

 6         member of NSO, but was shot and murdered at this location on April 23, 2009 while

 7         with his brother (admitted NSO member) Bao Ngo, was also shot. OPD Incident

 8         #LOP0900313000738, paragraph 4 of the Declaration of Ofc. Nash, Alexis

 9      p. On August 31, 2009, at approximately 7:38 p.m., Elebeck was a passenger in a

10         vehicle that was stopped by Oakland Police in the 2000 block of Adeline St. Jessie

11         Johnson and Devon Watts were in the vehicle too. Watts was on probation for

12         possessing greater than 28.5 grams of marijuana, while Johnson was on probation

13         for carrying a concealed firearm. Watts is also an NSO gang member. FC# 09-

14         052946, paragraph 5 of the Declaration of Ofc. Bezner, Scott

15         107.   Bao Viet Ngo: I know Bao Ngo from personal contact with him as a police

16 officer, through a review of his criminal history, arrest reports, and contacts with Oakland

17 Police. Based on my training, experience, and investigation to date, it is my opinion that

18 Bao Ngo is an active member of the NSO criminal street gang.

19      a. Ngo has been identified by other persons as being involved in drug activity in the

20         area around 45th Street and Market Street, as well as the Apgar Street corridor from

21         Martin Luther King Jr. Way to Market Street. These areas are within the turf of the

22         NSO gang.

23      b. Ngo was convicted of Penal Code 460 (b), felony burglary, on November 14, 2009.

24         Contra Costa Superior Court docket # 01-127-525-2.

25

26


                                            - 61 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
1    c. Police are aware of Ngo’s claim to membership in “North Oakland” and being a

2       “North Oakland Polar Bear.” Claiming “North Oakland” and being a “North Oakland

3       Polar Bear” signifies membership in the NSO gang.

4    d. Ngo’s reported address is outside the proposed Safety Zone.

5    e. On April 1, 2006, at approximately 6:52 p.m., Bao Ngo was contacted by Oakland

6       Police for loitering in front of the liquor store at Apgar Street and West Street. FC#

7       06-005561, paragraph 7 of the Declaration of Ofc. Holton, Rochard. This location is

8       within NSO territory and is a common place for persons involved in drug activity in

9       the area to hang out in front of.

10   f. On May 10, 2007, at approximately 4:48 p.m., Bao Ngo was observed driving a

11      vehicle at the intersection of 60th Street and Shattuck Ave. Bao Ngo was known to

12      not have a driver’s license at the time. As officers approached by car, Ngo exited

13      the driver’s seat, dropped several items on the ground, and then re-entered the

14      vehicle’s right rear passenger seat. Officers recovered five zip lock baggies of

15      marijuana from the ground that Bao Ngo had dropped, as well as one zip lock

16      baggie of marijuana from inside the vehicle. Ngo was arrested for possession of

17      marijuana for sale. The location of Bao Ngo’s arrest was across the street from

18      Bushrod Park, within NSO territory and in the proposed Safety Zone. RD# 07-

19      037123, paragraph 9 of the Declaration of Ofc. Holton, Rochard

20   g. On October 15, 2007 Bao Ngo was contacted by Oakland Police in the 800 block of

21      31st Street with Albert Williams, Daron Sims, Stephon Anthony, Tyrone Elebeck and

22      Bao Ngo’s brother Nguyen Ngo for loitering in the area. Stephon Anthony, Tyrone

23      Elebeck and Nguyen Ngo are members of NSO. Williams admitted to possessing

24      marijuana, and police recovered two bags from him. Sims was arrested for

25      outstanding warrants and found to possess three bags of marijuana. Bao Ngo also

26      admitted to having marijuana on him; two bags of marijuana were found on his


                                         - 62 -
         EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                          NORTH SIDE OAKLAND STREET GANG
1         person. Ten rocks of cocaine base were also recovered, hidden in a tree near

2         where the suspects were standing. Nguyen Ngo, Stephon Anthony and Tyrone

3         Elebeck all consented to being search and nothing was found in their possession.

4         Six hundred dollars was also found in possession of Bao Ngo, Williams, and Sims.

5         Bao Ngo, Williams, and Sims were arrested for loitering for the purposes of narcotic

6         activity. RD# 07-080702, paragraph 6 of the Declaration of. Ofc. Baker, Bradley

7    h. On December 11, 2007 at approximately 4:25 p.m., Bao Ngo was contacted by

8         Oakland Police in the 800 block of 53rd Street with NSO gang members Nguyen

9         Ngo, Stephon Anthony, and Daron Sims. All were seated in a parked vehicle.

10        Officers contacted the vehicle, being familiar with the Ngo brothers and their chronic

11        narcotic activity. Sims was on probation. The vehicle also smelled strongly of

12        marijuana. One twist of cocaine base and one plastic bottle of codeine were

13        recovered next to where Sims had been sitting. Sims was arrested for possession

14        of a controlled substance. RD# 07-095389, paragraph 4 of the Declaration of Ofc.

15        Bassett, James. The 800 block of 53rd Street is within NSO territory and the

16        proposed Safety Zone.

17   i.   On December 26, 2007, Bao Ngo was arrested for burglarizing a pharmacy in

18        Stockton, Ca. Bao Ngo was with Andrew Henderson, Curran Warren Jr. and

19        juvenile NSO gang member N.N. Prescription drugs (codeine) from the burglary

20        were recovered as the loss. Stockton Police Department Report #07-68309,

21        paragraph 3 of the Declaration of Stockton Police Ofc. Sandoval, Darren

22   j.   On May 23, 2008, at about 2:26 a.m., Pleasant Hill Police Officers responded to a

23        burglary alarm at a pharmacy. Bao Ngo and Kevin Moore, driving a yet un-reported

24        stolen vehicle, were stopped fleeing from the scene by Pleasant Hill Police Officers.

25        Ngo and Moore were arrested for burglary and possession of a stolen car.

26        Pleasant Hill PD Report #08-2409-01, paragraph 3 of the Declaration of Pleasant


                                           - 63 -
           EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                            NORTH SIDE OAKLAND STREET GANG
1         Hill Police Ofc. Criner, Larry. It is common for suspects to burglarize

2         pharmaceutical stores and take prescription drugs to sell in individual quantities at

3         the street level. NSO members are known to possess quantities of codeine and

4         believed to be selling off smaller quantities at the street level.

5    k. On November 27, 2008, at approximately 5:55 p.m., Oakland Police Officers

6         detained Bao Ngo after seeing him gambling in the area of Apgar Street and West

7         Street. During the search of Bao Ngo, officers recovered a bottle of Robitussin with

8         Codeine. Ngo was arrested for possession of a narcotic substance and a

9         misdemeanor warrant. RD# 08-087484, paragraph 7 of the Declaration of Ofc

10        Katz, Ethan. 8923. Apgar Street and West Street is within NSO territory and within

11        the proposed Safety Zone.

12   l.   On January 15, 2009, at about 8:45 p.m., Bao Ngo was stopped by Oakland Police

13        in a vehicle in the 650 block of 37th Street, which in the proposed Safety Zone. Bao

14        Ngo was cited for driving while unlicensed and was arrested for a warrant. RD# 09-

15        002190, paragraph 7 of the Declaration of Ofc. McMillan, Robert

16   m. On February 3, 2009, at about 3:47 p.m., Oakland Police conducted an

17        enforcement stop on a vehicle in the 800 block of 47th Street. Bao Ngo was driving

18        the vehicle. Doran Williams was the right front passenger and Deborah Timms was

19        the right rear passenger. Williams was on Parole. A parole search of Williams and

20        the vehicle was conducted. A bottle of codeine was recovered from the floorboard

21        of the right front seat. Williams was arrested for possession of a narcotic. Timms

22        was also in possession of marijuana and cited. Bao Ngo was cited for a vehicle

23        infraction. The 800 block of 47th Street is within NSO territory. RD# 09-008598,

24        paragraph 8 of the Declaration of Ofc. McMillan, Robert

25   n. On February 4, 2009, at about 4:50 p.m., Bao Ngo was contacted by Oakland

26        Police for loitering at the intersection of Apgar Street and West Street. Apgar and


                                           - 64 -
           EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                            NORTH SIDE OAKLAND STREET GANG
1       West is within NSO territory and the proposed Safety Zone. FC# 09-003360,

2       paragraph 5 of the Declaration of Ofc. Baglieri, Maurizzio

3    o. On April 23, 2009, at approximately 4:17 p.m., Bao Ngo and his brother, Nguyen

4       Ngo, were shot while standing in front of 879 45th St. This location is very close to

5       Market St. The injuries to Bao Ngo were not life threatening. Bao’s brother,

6       Nguyen, succumbed to his injuries and

7       was pronounced dead that day. (Photo

8       JJ (right) is a photo of a tattoo

9       memorializing Nguyen Ngo’s death, and

10      showing ASAP clique gang affiliation.) .A

11      number of ASAP gang members were at

12      the hospital where Ngo was taken. The area of 45th Street and Market Street is

13      within NSO gang territory as well as the proposed Safety Zone. NSO gang

14      members believe that Berkeley gang member Jermaine Davis committed this

15      shooting and murder. NSO gang members started wearing shirts and tattoos

16      memorializing Nguyen Ngo’s death. RD# 09-028185, paragraph 4 of the

17      Declaration of Ofc. Griffin, William.

18   p. On May 7, 2009, at approximately 8:50 p.m., police observed Bao Ngo in front of

19      880 45th Street, at a street memorial for his brother Nguyen Ngo, who had recently

20      been murdered. The officer noted that: Bao Ngo is a narcotics dealer who

21      frequents the 45th Street and Market Street area and is on probation for controlled

22      substance possession; he also associates with neighborhood drug dealers from the

23      areas of upper San Pablo Avenue (the “60s”), Lowell Street (near 54th and 55th

24      Street), and Gaskill Street (near 54th and 55th Streets); and that he claims “North

25      Oakland” and to being a “North Oakland Polar Bear.” FC# 09-036118, paragraph 6

26      of the Decl. of Ofc. Mitchell, Stephen. I know that members of NSO will claim “North


                                         - 65 -
         EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                          NORTH SIDE OAKLAND STREET GANG
1         Oakland” as their affiliation and the “Polar Bear” is a common symbol used by NSO

2         gang members. Claiming “North Oakland” or being a “North Oakland Polar Bear” is

3         the same as an admission to being an NSO gang member. The 800 block of 45th

4         Street is within NSO territory and within the proposed Safety Zone.

5         108.   Lucious Taylor: I know of Lucious Taylor through contact with him as a

6 police officer and through a review of his arrest reports and contacts with the Oakland

7 Police Department. Based on my training, experience, and investigation to date, it is my

8 opinion that Lucious Taylor is an active member of the NSO criminal gang.

9     a. Lucious Taylor has been identified by other Police Officers as a drug dealer along

10        the Apgar Street corridor, which is an area claimed as NSO turf and within the

11        proposed Safety Zone.

12    b. Lucious Taylor was convicted for violating Health and Safety Code 11360(a), sales

13        of marijuana (felony), on December 1, 2005, Docket # 151436.

14    c. Lucious Taylor’s reported address is outside of the proposed Safety Zone.

15    d. On February 2, 2004, between 7:15 p.m. and 8:15 p.m., Lucious Taylor was

16        observed by Oakland Police with David Ammons, Antoine Jackson, Donta Harkins,

17        and Joey Haines at the ARCO gas station at West MacArthur Boulevard and West

18        Street. The gas station employees had complained many times about people

19        loitering on the property and selling drugs. The officers were familiar with all of the

20        individuals for hanging out at this location. Taylor, Ammons, Jackson, Harkins and

21        Haines were warned by officers that if they continued to loiter at this location they

22        would be taken to jail for loitering for the purposes of drug activity. None of the

23        suspects work at the gas station, had legitimate business in the area, or lived in the

24        area. Upon additional contact by the officers for loitering in the area, approximately

25        $730 dollars was found on Ammons, Taylor and Jackson. None could account for

26        how they received this money. Taylor, Ammons, and Jackson were arrested for


                                           - 66 -
           EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                            NORTH SIDE OAKLAND STREET GANG
1       loitering for the purposes of drug activity. Upon returning to the location, Haines

2       and Harkins were loitering in the area and were also arrested for loitering for the

3       purposes of drug activity. This location is at the southern border of NSO territory.

4       RD# 04-10457, paragraph 3 of the Percipient witness Declaration of Sgt. Ortiz,

5       Bernard

6    e. On September 22, 2004, at approximately 7:50 p.m., Lucious Taylor was contacted

7       by Oakland Police in the 3700 block of West Street. Taylor has had prior contacts

8       in the area and arrests for drug related activity. Taylor had been observed yelling

9       “Five-Oh” to alert others that the police were in the area. Taylor does not live in the

10      area and when asked why he was there and why he was hanging out on the corner,

11      he did not have a legitimate reason and refused to answer. Taylor was arrested for

12      loitering for the purposes of drug activity. When Taylor was informed of this he told

13      the officer, “Ortiz this arrest is beneath you. Why don’t you arrest me when I have a

14      sack.” ‘Sack’ is a street term used to describe a bag of narcotics. RD# 04-110358,

15      paragraph 4 of the Percipient Witness Declaration of Sgt. Ortiz, Bernard

16   f. October 11, 2005, at approximately 3:30 p.m., Lucious Taylor was driving a vehicle

17      that failed to stop at a stop sign at 52nd Street and West Street. The vehicle was

18      pulled over by Oakland Police in the 4600 block of West Street. There were three

19      other occupants in the vehicle. Taylor had no ID on him and was driving with a

20      suspended license. When the vehicle was inventoried, prior to a tow, a Carl’s Jr.

21      bag containing two plastic bottles each containing codeine, were found inside the

22      vehicle. Taylor admitted that the codeine was his. Taylor was arrested for

23      possession of a narcotic. 52nd Street and West Street is within NSO territory and

24      the proposed Safety Zone. RD# 05-062787, paragraph 10 of the Declaration of Ofc.

25      Leonis, Lesa

26


                                         - 67 -
         EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                          NORTH SIDE OAKLAND STREET GANG
1    g. On September 13, 2007, at approximately 9:30 p.m., Lucious Taylor was stopped

2         by Oakland Police with Michael Morgan and Charles Fowardel at 39th Street and

3         Martin Luther King Jr. Way. A citizen had phoned the Police Department saying

4         they believed that drug activity was taking place here. Taylor, Morgan and

5         Fowardel matched the description given by the caller. They were standing near a

6         vehicle at this location. . FC# 07-067987, paragraph 3 of the Declaration of Ofc.

7         Messier Jr, Robert.

8    h. On October 7, 2008, at approximately 12:00 a.m., Lucious Taylor was contacted by

9         Oakland Police with Charles Fowardel, Eddie Garcia, and Donte Davis at Apgar

10        Street and West Street. They were stopped for loitering in a high narcotics area.

11        The officers noted that they have seen this same group of individuals at this

12        location on several other occasions. Apgar Street and West Street is within NSO

13        gang territory and the proposed Safety Zone.     FC# 08-065576, paragraph 8 of the

14        Declaration of Ofc. Miller, Nicholas

15   i.   On October 7, 2008, at approximately 4:19 p.m., police again contacted Lucious

16        Taylor at Apgar Street and West Street. The officer knew Taylor was on probation

17        for sales of marijuana and had seen Taylor at this location on at least ten different

18        occasions. Taylor does not live in the area. The officer verbally warned Taylor about

19        loitering in the area. Apgar Street and West Street has a high incidence of illegal

20        drug sales. FC#08-064617, paragraph 9 of the Declaration of Ofc. Miller, Nicholas

21   j.   On October 8, 2008, at approximately 4:20 p.m., Lucious Taylor was with Charles

22        Fowardel at the corner of Apgar Street and West Street. Fowardel was on a trash

23        can on the corner and Taylor was observed by Oakland Police nodding at passing

24        vehicles, an action that is common to with street level narcotics sales in attempts to

25        flag down potential customers. As marked Oakland Police units arrived on scene,

26        Fowardel signaled to others on the corner of Police presence. Taylor and Fowardel


                                           - 68 -
           EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                            NORTH SIDE OAKLAND STREET GANG
1         had been observed by officers at this same location the prior day. Taylor had $58

2         in his pants pocket and Fowardel had $33 in his pants pocket. Taylor and Fowardel

3         were arrested for loitering for the purposes of drug activity. Apgar Street and West

4         Street is within NSO territory and the proposed Safety Zone. RD# 08-074817,

5         paragraph 10 of the Declaration of Ofc. Miller, Nicholas

6    k. On October 17, 2008, Lucious Taylor around 6:12 p.m. was observed with Alvin

7         Garcia by undercover Oakland Police officers during a surveillance operation in the

8         3850 block of West Street, near Apgar Street. Taylor was assisting Garcia in the

9         sales of marijuana and cocaine base by directing customers to Garcia and

10        accepting money from customers. Taylor was also seen making several sales of

11        narcotics in the area when Garcia was not present on the corner with him. Taylor

12        and Garcia were both arrested for sales of narcotics, sales of marijuana and

13        violation of probation. The 3800 block of West Street, including West Street at

14        Apgar Street is within NSO territory and the proposed Safety Zone. RD# 08-

15        077180, paragraph 8 of the Declaration of Ofc. Calonge, Nicholas

16   l.   On June 21, 2009, at approximately 5:18 p.m., Lucious Taylor was stopped by

17        Oakland Police at Apgar Street and West Street. The officers were dispatched to

18        this location from a call by a citizen saying drug activity was taking place here.

19        Taylor fit the description of the suspect involved and was standing near where the

20        caller said the drugs were being kept. No drugs or narcotics were able to be found.

21        This location is within NSO territory and the proposed Safety Zone. FC# 09-

22        037558, paragraph 17 of the Declaration of Ofc. Leyva, Ernesto

23   m. On July 10, 2009, at approximately 2:11 p.m., Lucious Taylor was contacted by

24        Oakland Police with Ashanti Rodriguez and his brother, Sitteruiet Taylor at Apgar

25        Street and West Street. A citizen had phoned the Police Department complaining

26        about drug activity occurring at this location. Taylor, his brother, and Rodriguez all


                                           - 69 -
           EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                            NORTH SIDE OAKLAND STREET GANG
 1         agreed to leave the area. No narcotics were recovered. This location is within

 2         NSO territory and the proposed Safety Zone. FC# 09-046751, paragraph 10 of the

 3         Declaration of Ofc. Lau, Wilson

 4     n. On August 7, 2009, at approximately 3:21 p.m., Lucious Taylor was contacted by

 5         Oakland Police in the 800 block of Apgar Street for riding his bicycle on the

 6         sidewalk. Taylor had a large amount of U.S. currency, in various denominations, in

 7         his pants pockets. Taylor stated to the officer that he had just been released from

 8         jail and that when he returned to the area he found that “everyone” was over at

 9         Market Street instead of West Street. The 800 block of Apgar Street, as well as

10         Apgar Street and Market Street, are within NSO territory and the proposed Safety

11         Zone. FC# 09-048239, paragraph 4 of the Declaration of Ofc. Tarum, Shane

12     o. In addition to the above listed incidents, I have reviewed police records

13         documenting incidents between 2007 to the present, and found that Lucious Taylor

14         has been contacted by Oakland Police, without being arrested, one time at West

15         MacArthur and Martin Luther King Jr. Way, two times at 39th Street and West

16         Street, three times at Apgar Street and Market Street, four times at West MacArthur

17         and West Street, six times at Apgar Street and Martin Luther King Jr. Way, and

18         eight times at Apgar Street and West Street. Lucious Taylor lives outside of

19         Oakland and has no legitimate business in these areas. All of these locations are

20         within NSO territory with West MacArthur being at the southern border of NSO

21         territory, and are within the proposed Safety Zone. This is a total of twenty three

22         other incidents of Police Contact within NSO territory and the proposed Safety Zone

23         that are not listed above.

24         109.   Eric “Little E” Tullis: I know Eric Tullis from contacts with him and through

25 review of his contacts and arrest reports by Oakland PD. Based on my training,

26 experience, and investigation to date, that Eric Tullis is an active member of the NSO


                                            - 70 -
            EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                             NORTH SIDE OAKLAND STREET GANG
1 criminal gang.

2     a. Tullis is also known by the moniker “Little E” or “Lil E.”

3     b. Tullis was convicted on July 16, 2009 of a violation of Health and Safety Code

4        section 11360(a) Marijuana sales – Docket # 161528

5     c. Tullis has admitted his NSO membership to me and other police officers.

6     d. Tullis has been identified by other persons as a drug dealer in the 500 block of 59th

7        Street, as well as the area around Bushrod Park. This area is claimed by NSO as

8        part of its turf, and is within of the proposed Safety Zone.

9     e. Tullis has the following tattoos on his body: 1) Forearms – “RIP Doobie,” “CG RIP

10       Morph & Thomas,” and “Gun in Peace,” “RIP Doobie,” 2) Right Forearm – “North,”

11       3) Left Forearm – “Pole,” 4) Right Wrist – “North,” 5) Left Wrist – “Oakland,” 6) Left

12       Shoulder – “Lil Eric.” I know that “CG” is a representation of “Cold Gunnaz” which

13       is a clique within NSO, mainly around Bushrod Park. I know that “RIP Doobie” is a

14       reference to an NSO Gaskill clique member Charles Fort who was murdered in

15       2006. “RIP Morph” is a reference to Willis Hawkins, who was a Bushrod clique

16       member of NSO who has died. I know that “North Oakland” is a term used by NSO

17       members to claim their territory. “North Pole” is another term used by NSO

18       members to signify NSO. True and correct copies of Tullis’ tattoos are attached

19       hereto as Photos KK(below), LL (below), MM, and NN.

20

21

22

23

24

25

26


                                          - 71 -
          EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                           NORTH SIDE OAKLAND STREET GANG
1       Photo MM of Eric Tullis (below) Photo NN of Eric Tullis (below)

2

3

4

5

6

7

8

9

10

11   f. On April 26, 2009 at approximately 9:04 p.m., Tullis was contacted with juveniles

12      M.B. (12 years old), D.J (16 years old), and C.M. (13 years old) in the 500 block of

13      59th Street, across from Bushrod Park. M.B. was found in possession of a loaded

14      pistol. The 500 block of 59th Street is where the entrance is to Bushrod Park is (560

15      59th Street) and the park encompasses three city blocks. The 500 block of 59th

16      Street is a common location for NSO members of the Bushrod clique to hang out.

17      This location is within NSO territory and the proposed Safety Zone. M.B., D.J. and

18      C.M. are all members of the NSO gang. RD# 09-028923, paragraph 6 of the

19      Declaration of Ofc. Eriberto Perez Angeles

20   g. On May 5, 2009, at approximately 8:06 p.m., I was on duty with Ofc. Cunnie and

21      made contact with Tullis in front of Dorsey’s Locket (5817 Shattuck Avenue). Tullis

22      told me that he was from “59th and Shattuck.” When I asked Tullis if he is “Ice City”

23      he replied, “Yeah.” I know that Ice City is a term that is commonly referenced as

24      meaning the same as the NSO gang. Tullis’ claiming that he is “Ice City” is the

25      same as claiming that he is a member of “NSO.” During the contact, Tullis was

26      wearing a t-shirt that read “RIP Stevie 55 Gaskill” and had a picture of Stevie Bailey


                                         - 72 -
         EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                          NORTH SIDE OAKLAND STREET GANG
1         on it. Stevie Bailey was a known Gaskill clique member of NSO who was murdered

2         in 2007. Tattoos identified on Tullis during the stop were “CG,” “RIP Morph &

3         Thomas” and “Gun in Peace” on the inside portion of his forearms. I know that

4         “CG” is an acronym for “Cold Gunnaz” which is a clique within the NSO that

5         operates in the Bushrod Park area. “Morph” is a reference to NSO Bushrod clique

6         member Willis Hawkins who is deceased. Tattoos of “North” on Tullis’ outer right

7         forearm, and “Pole” on his outer left forearm were identified. Tullis was also

8         wearing a baseball cap with a red letter “C,” which in this context signifies “Cold

9         Gunners,” a clique of the NSO gang that frequents the Bushrod Park area “North

10        Pole” is a term commonly used to reference NSO. The 5800 block of Shattuck

11        Avenue is within NSO territory and the proposed Safety Zone. FC#09-009009

12   h. On May 26, 2009, at approximately 6:00 p.m., Tullis and a 16 year old juvenile with

13        the initials D.J. were stopped for gambling in front of 539 59th Street. Officers

14        conducted probation searches at both Tullis’ and D.J’s addresses. The officers

15        observed both clothing and photos which stated “5900 Bushrod” and “NSO.” I know

16        that “5900” and “Bushrod” are references to NSO, more specifically the Bushrod

17        clique of NSO. A field contact report was completed. The 500 block of 59th Street is

18        within NSO territory and the proposed Safety Zone. FC # 09-035945, paragraph 4

19        of the Declaration of Ofc. Rosin, Robert

20   i.   On May 26, 2009, at approximately 7:20 p.m., just an hour or so after his residence

21        was searched, Tullis was stopped while riding a bicycle in the 500 block of 59th

22        Street. During the stop, Tullis stated that he claims NSO gang membership and

23        was wearing a Cincinnati Red’s “C” cap. Tullis was given a citation for riding his

24        bicycle on the sidewalk. FC# 09-035951, paragraph 7 of the Declaration of Ofc.

25        Jeager, Michael

26


                                           - 73 -
           EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                            NORTH SIDE OAKLAND STREET GANG
1    j.   On May 31, 2009, at approximately 6:43 p.m., Tullis and Adam Austin were stopped

2         in the 6100 block of Dover Street for gambling. They were at a corner where there

3         were markings that said, “5900,” “Ice City,” “ASAP,” and “NSO.” One had a black

4         and red Cincinnati Reds baseball hat that had “5900” and “Ice City” written on the

5         back of it, and the other had an Oakland A’s baseball hat with “ASAP” written on the

6         back of it. Austin had “5900” tattooed on his forearm. I know that “5900” is a

7         reference to the Bushrod clique of NSO and that “Ice City” is a term used to

8         represent NSO. “ASAP” is a clique within NSO. The 6100 block of Dover Street is

9         within NSO territory and part of the proposed Safety Zone. FC# 09-036674,

10        paragraph 14 of the Declaration of Ofc. Leyva, Ernesto.

11   k. On June 3, 2009, at approximately 3:41 p.m., Tullis sold twenty dollars worth of

12        marijuana to an undercover ATF officer in the 500 block 59th Street. When the

13        undercover officer asked what Tullis’ name was, Tullis replied, “E.” Tullis was

14        arrested and charged with selling marijuana. The 500 block of 59th Street is within

15        NSO territory and the proposed Safety Zone. RD09-038027, paragraph 24d of the

16        Expert Declaration of Ofc. Clark, Nadia.

17   l.   I am informed and believe that on July 15, 2009, Ofc. Clark located Tullis’ profile on

18        a social networking internet site. I have reviewed pages from the site myself.

19        There are many references to NSO, especially the Cold Gunnaz clique, and gang

20        territory, especially Bushrod Park. The page displays gang hand signs, gang

21        clothing and pictures of deceased gang members. Tullis’ home page photo is of a

22        tattoo on the inner portion of his forearm and a handgun laying next to his arm.

23        Tullis’ home city is listed as “ICE CITY, California.” Tullis’ favorite number is listed

24        as “5900.” When the page asks if there is somewhere the person would like to live,

25        Tullis’ reply is “north oakland cool 2 me.” When it asks “Stolen Anything?” Tullis’

26        reply is “211 robbery.” When a question asks “Held a gun?” Tullis’ reply is “fuck


                                           - 74 -
           EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                            NORTH SIDE OAKLAND STREET GANG
1       hold 1 I bust cold gunnaz bitch.” Tullis’ listed occupation on this page is “Cold

2       Gunnin on Bitch Niggaz.” There are pictures of Tullis’ tattoos which include: 1)

3       Forearms – “RIP Doobie,” “CG RIP Morph & Thomas,” and “Gun in Peace,” “RIP

4       Doobie,” 2) Right Forearm – “North,” 3) Left Forearm – “Pole,” 4) Right Wrist –

5       “North,” 5) Left Wrist – “Oakland,” 6) Left Shoulder – “Lil Eric.” I know that “CG” is

6       a representation of “Cold Gunnaz” which is a clique within NSO, mainly around

7       Bushrod Park. I know that “RIP Doobie” is a reference to an NSO Gaskill clique

8       member Charles Fort who was murdered in 2006. “RIP Morph” is a reference to

9       Willis Hawkins, who was a Bushrod clique member of NSO who has died. I know

10      that “North Oakland” is a term used by NSO members to claim their territory. “North

11      Pole” is another term used by NSO members to signify NSO. There is a picture of

12      a t-shirt with “5900” “Bushrod” “Cold Gunnaz” silk screened onto the front of the

13      shirt. The caption underneath is “59 is the block where we be at wit a red n black C

14      hat.” Tullis also has a picture of Charles Fort with ‘Gaskill’ street signs. The title

15      under the picture reads, “M.A.N.I.A.C R.I.P. DooBie Gaskill bitch.”

16   m. On October 23, 2009, at approximately 7:00 a.m., I and several other officers

17      conducted a search warrant service at a house on the 600 block of 61st Street

18      where Eric Tullis was present. . Ammunition was found next to the bed where Tullis

19      was sleeping and additional ammunition was found upstairs where officers located

20      Tullis. Tullis was on felony probation at the time. Tullis also had video (with audio)

21      footage on his cell phone of himself and Malik Birchett. The video shows Birchett

22      exposing a concealed revolver in his waistband and was speaking about being

23      prepared for violence involving guys from Berkeley. The video was dated 10/18/09.

24      I know that NSO and Berkeley have been involved in a violent feud in 2009 that has

25      led to multiple shootings and murders since April 2009. Tullis was arrested for

26      being a prohibited person in possession of ammunition and violating his probation.


                                         - 75 -
         EXPERT DECLARATION OF OPD OFFICER PATRICK GERRANS ISO RELIEF AGAINST
                          NORTH SIDE OAKLAND STREET GANG

								
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