1 WALLACE GATER and SWALLY PELLETTE · WALLACE "GATER" and "SWALLY" PELLETTE: Based on my...

130 EXPERT DEC OF OFF KUMLI ISO PI-PEOPLE v. DBG, et al, #502-262 k:\press\releases\gangs 2010\sunnydale

expert dec\final expert declaration - part

12 (dbg members pellette - rose).doc

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168. WALLACE "GATER" and "SWALLY" PELLETTE: Based on my professional

training and experience as a police officer investigating DBG/Towerside criminal street gangs and a

review of police reports, sheriff's records, photographs, and other documents, it is my opinion that

Wallace Pellette ("Pellette") is an active member of Defendant DBG gang.

I personally know Pellette, whose moniker is "Gater" and "Swally."

During December 13, 2007 and October 19, 2008 San Francisco Sheriff's Department

classifications and interviews, Pellette admitted membership in DBG.

Pellette does not report to live in the Proposed Safety Zone.

Police have discovered the following photographs of Pellette's tattoos evidencing his

moniker.

Photo 148: Tattoo memorializing Photo 149: Tattoo depicting "GATER" Pellette's murdered DBG member Dante Rollins moniker

EVIDENCE OF GANG ACTIVITY - CRIMINAL CONDUCT

On December 25, 2006, at 11:32 p.m., Pellette was involved in an incident at Fourth and

Mission Streets involving a group of known DBG members. (Police Report No.

061363754.) According to the report, police observed a group of young black males run

out of a Jack in the Box restaurant. A witness told police that one of the individuals in

the group had dropped a gun on the floor and picked it back up. The group divided into

two vehicles, which officers subsequently stopped. Emon "Flav/e" Brown was the driver




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of one of the vehicles, which also contained known DBG member Sean "Dough" Beard

as well as other known DBG members and associates. The other vehicle contained

known DBG members Kim "K.I." Mitchell (the driver), Pellette, and Kevin "Duke"

Mitchell. Police discovered a quantity of suspected crack cocaine base in the second

vehicle and arrested Kevin Mitchell for gun possession.

On December 12, 2007, at 4:32 p.m., Kim "K.I." Mitchell and Pellette were seen on the

1000 block of Mission Street. (Police Report No. 071271993.) ·According to the report,

as SFPD officers approached, Kim Mitchell removed a loaded semiautomatic pistol from

his jacket. SFPD officers caught up to Kim Mitchell and disarmed him. A search of

Kim Mitchell's person revealed that he was in possession of 24 "dime" bags of suspected

marijuana, as well as another 72 empty plastic baggies. Pellette was also found to have

36 bags of individually packaged suspected marijuana and $459.00. Both Kim Mitchell

and Pellette were arrested. Kim Mitchell was convicted of carrying a concealed weapon.

Pellette was convicted of possession of marijuana of more than 1 ounce.

On March 6, 2008 12:58 p.m. SFPD officers were patrolling the area of the Sunnydale

Housing Development when they saw several DBG members and associates loitering in

the parking lot near 1820 Sunnydale Avenue. (Police Incident Report No. 080240527)

According to the report, there were seven known DBG members and associates loitering

in the parking lot including Pellette, Deantray "Tray" Reed, Joseph "Stub/z" Smith, and

Aliton "Tiggz" Woodson. Pellette attempted to hide something in a nearby car but was

unsuccessful. SFPD officers found a loaded semi-automatic handgun with an obliterated

serial number in a car that appeared to belong to Pellette. Pellette was subsequently

convicted of carrying a concealed weapon.

On April 29, 2008, at 3:08 pm, Pellette was observed in 1583 Sunnydale Avenue with

known DBG members and associates including Alsedee "Jizz Mac" Green, Joseph

"Stub/z" Smith, Deantray "Tray" Reed, Aliton "Tiggz" Woodson, and Kim "K.I."

Mitchell. (Police Incident Report No. 080448862.) According to the report, Pellette was




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arrested on an outstanding warrant and for possession of marijuana for sale. SFPD

officers recovered 12 bags of suspected marijuana from Pellette. Pellette was

subsequently convicted of possession of marijuana for sale.

On October 18, 2008, at 7:00 p.m., Pellette was arrested for possession of marijuana for

sale. (Police Incident Report No. 081115557 and Field Interview Report No.

08001386.) According to the report, Pellette was loitering at 1761 Sunnydale Avenue

with known DBG members and associates including Alsedee "Jizz Mac" Green and

Aliton "Tiggz" Woodson. During a search incident to Pellette's probation status, Pellette

was found to be in possession of marijuana packaged for sales. Pellette was convicted of

possession of marijuana.

On September 29, 2009, at 1:34 p.m. SFPD officers served Pellette at 1765 Sunnydale

Avenue with a civil stay away order which prevents him from being at San Francisco

Public Housing property. (Police Incident Report No. 091006742.)

On March 23, 2010, at 9:06 a.m., SFPD officers were in the area of the Sunnydale

Housing Development. (Police Incident Report No. 100273014.) According to the

report, upon seeing SFPD officers near 1549 Sunnydale Avenue, Pellette started running

away appearing to be holding something in his waistband as he ran. SFPD officers saw

Pellette drop a plastic bag with suspected marijuana. Pellette was arrested for possession

of marijuana for sales, violation of Pellette's Housing Authority stay away order, and

resisting arrest.

On March 28, 2010 at 6:54 p.m. SFPD officers saw Pellette at 51 Brookdale Avenue on

the Sunnydale Housing Development property. (Police Incident Report Case No.

100291652.) Pellette was arrested for violating his civil stay away that requires that he

stay away from San Francisco Public Housing property.

EVIDENCE OF GANG ACTIVITY - ASSOCIATION




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On September 1, 2007 at 3:37 p.m., Pellette was seen with known juvenile DBG

members and associates, and an Oakdale Mob gang member, near 1751 Sunnydale

Avenue, in the Proposed Safety Zone. (Police Incident Report No. 070895063.)

On September 5, 2007 at 4:30 p.m., Pellette was seen with known DBG members and

associates, including Joseph "Stub/z" Smith, near the 1800 block of Sunnydale Avenue,

in the Proposed Safety Zone. (Police Incident Report No. 070909090.)

On November 23, 2007, at 9:15 p.m., Pellette was seen loitering with known DBG

members and associates, including Stephen "Steve Mac" Glass, near 47 Brookdale

Avenue, in the Proposed Safety Zone. (Field Interview Report No. 08000186.)

On January 22, 2008 at 5:18 p.m. Pellette was seen with known DBG members Joseph

"Stub/z" Smith and Stephen "Steve Mac" Glass at 1820 Sunnydale Avenue, in the

Proposed Safety Zone. (Field Interview Report No. No. 08000114.)

On February 15, 2008, at 3:00 p.m., known DBG member Kim "K.I." Mitchell was seen

with Pellette in the parking lot in front of 1765 Sunnydale, commonly referred to as

"Grandma's Lot," in the Proposed Safety Zone. Upon seeing the officers, Kim Mitchell

and Pellette drove away. SFPD officers would learn that Kim Mitchell and Pellette had

gone inside of the recreation center located at the Sunnydale Housing Development and

run by Kim Mitchell's father. Kim Mitchell's father told officers that his son and Pellette

had gone into a back room, not readily accessible from the common areas. (Police

Incident Report No. 080165179)

On March 6, 2008, at 12:58 p.m., Pellette was observed loitering with known DBG

members and associates, including Joseph "Stub/z" Smith, Deantray "Tray" Reed, and

Aliton "Tiggz" Woodson, near 1820 Sunnydale Avenue in the Proposed Safety Zone.

(Field Interview Report No. 08000259.)

On August 7, 2008, at 1:48 p.m., Pellette was seen loitering with known DBG members

and associates, including Samoa "Kilo" Lefiti, Alsedee "Jizz Mac" Green, Aliton

"Tiggz" Woodson, Kim "K.I." Mitchell, Jr., Joseph "Stub/z" Smith, and an Oakdale Mob




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gang member, at 1751 Sunnydale Avenue in the Proposed Safety Zone. (Field Interview

Report No. 08001016.)

On August 30, 2008 at 4:30 p.m., SFPD officers observed 14 known DBG gang members

and associates together at a Kezar Pavilion youth football gang, including the following

Wallace "Gater" Pellette, Jason "Jumbo" Jones, Joseph "Stub/z" Smith, Deantray "Tray"

Reed, Kim "KI" Mitchell, Kevin "Duke" Mitchell, Aliton "Tiggz" Woodson, and an

Oakdale Mob gang member.

On September 19, 2008, at 10:14 p.m., Pellette was seen loitering with known DBG

members and associates, including Alsedee "Jizz Mac" Green, Joseph "Stub/z" Smith,

and Sean "Dough" Beard, at 1765 Sunnydale Avenue, in the Proposed Safety Zone.


On October 15, 2008, at 4:23 p.m. Pellette was observed with a known DBG associate at

1751 Sunnydale Avenue, in the Proposed Safety Zone. (Field Interview Report No. No.

08001579.)

On August 9, 2009, at 11:55 a.m., Pellette was seen loitering with known DBG members

and associates, including Alex "Pee Wee" Price and Anthony "Ant" Durant, at 1583

Sunnydale Avenue, in the Proposed Safety Zone. (Field Interview Report No.

09000553.)

On November 29, 2009 at 11:43 a.m. Pellette was observed with known DBG members

and associates, including Alex "Pee Wee" Price, at the intersection of Sawyer and

Sunrise Streets, in the Proposed Safety Zone. (Field Interview Report No. No.

09000940.)

On March 20, 2010 at 2:11 p.m. Pellette was observed with known DBG members and

associates, including Alsedee "Jizz Mac" Green, at 32 Brookdale Avenue, in the

Proposed Safety Zone. (Field Interview Report No. No. 10001201.)

EVIDENCE OF GANG ACTIVITY - INDICIA




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Police have discovered the following photographs depicting Pellette associating with

known DBG members.

Photo 150: Emon "Flav/e" Brown, and known DBG members Kim"K.I." Mitchell, Floyd "Freak" Jackson, Pellette, unidentified known DBG member pointing a gun

Photo 151: Emon "Flav/e" Brown, Kim "K.I." Mitchell, Pellette

Photo 152: Pellette and Joseph "Stub/z" Smith Photo 153: Pellette, Joseph "Stub/z" Smith, Stephen "Stevie Mac" Glass

169. ALEX "PEE WEE" PRICE: Based on my professional training and experience as a

police officer investigating DBG/Towerside criminal street gangs and a review of police reports,

sheriff's records, photographs, and other documents, it is my opinion that Alex Price ("Price") is an

active member of Defendant DBG.




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I personally know Price, whose moniker is "Pee Wee."

During a November 17, 2007 San Francisco Sheriff's Department classification and

interview, Price admitted membership in DBG.

Price does not report to live in the Proposed Safety Zone.


On March 4, 2007, at 6:35 pm, Price was seen trespassing and loitering in a parking lot

near 11 Blythdale Avenue with known DBG members and associates including Kim

"K.I." Mitchell. (Police Report No. 070228709.) ·According to the report, SFPD officers

saw Kim Mitchell and others playing a video with the volume so loud that officers could

clearly hear it from approximately 75' away. Officers could that the video game was

hooked up to a monitor and that the game was being powered by an unoccupied vehicle

that was parked in the lot. SFPD officers admonished Price and others.

On November 8, 2007, at 1:25 p.m. SFPD officers responded to a call of a person with a

gun. (Police Incident Report No. 071147156.) According to the report, SFPD officers

talked to the victim, who said that the suspect who robbed him goes by the name "Pee

Wee." (The victim would later positively identify Price from a photo line-up.) Price put

a gun to the victim's chest and pulled the trigger, but the gun did not fire, demanding

money that the victim owed Price for marijuana. Price left but returned with five other

black males yelling "If I see [the victim] outside this house, I'm going to kill him!" Price

was subsequently arrested and eventually convicted of assault with a deadly weapon

capable of causing great bodily injury.

On April 5, 2009, at 10:00 a.m., SFPD officers were recovering a stolen vehicle from

"Grandma's Lot", a parking lot located between 1725 and 1755 Sunnydale Avenue.

(Police Incident Report No. 090355730.) SFPD officers observed Price with known

DBG member Alsedee "Jizz Mac" Green in the parking lot. Green walked towards the

SFPD officers with his hands inside his shorts, a gesture SFPD officers believed was




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consistent with Green concealing a firearm. Green proceeded to sit on the trunk of a

parked car, concealing his hands and said to the SFPD officers: "Yeah, I was talking to

you! You heard me! You know what happened in Oakland! You scared! You should

be!" SFPD officers believed that Green was referring to the recent murder of four police

officers in Oakland. Green was subsequently arrested for criminal threats and

obstructing with a police officer's duties.

On January 14, 2010, at 3:17 p.m., SFPD officers conducted traffic stop in the parking lot

for 1617 Sunnydale Avenue. (Police Incident Report No. 100045465.) According to the

report, SFPD officers noted a strong odor of marijuana emanating from the vehicle.

Price was the driver of the vehicle and had a stay away order from the 1800 Block of

Sunnydale Avenue. Price failed all field sobriety tests and was arrested for driving while

under the influence of marijuana.


On February 8, 2007, at 6:30 pm, Price was seen loitering with known DBG member

Kim "K.I." Mitchell in the area of Santos Street and Blythdale Avenue, in the Proposed

Safety Zone. (Field Interview Report No. 07000920.)

On August 10, 2007 at 2:05 p.m. Price was observed with known DBG member Stephen

"Stevie Mac" Glass and a juvenile DBG member at 1822 Sunnydale Avenue, in the

Proposed Safety Zone. (Field Interview Report No. 07000749.)

On October 17, 2007 at 4:50 p.m. Price was observed with known DBG members

Stephen "Stevie Mac" Glass and Joseph "Stub/z" Smith at 1822 Sunnydale Avenue, in

the Proposed Safety Zone. (Field Interview Report No. 0800185.)

On January 1, 2008 at 4:10 p.m. Price was observed with known DBG member Joseph

"Stub/z" Smith at 1822 Sunnydale Avenue, in the Proposed Safety Zone. (Field

Interview Report No. 08000462.)




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On January 19, 2008 at 2:50 p.m. Price was observed with a known DBG member

loitering near the 1600 block of Sunnydale Avenue, in the Proposed Safety Zone. (Field


On July 8, 2008, at 2:50 p.m., Price was seen loitering with known DBG members and

associates, including Samoa "Kilo" Lefiti and Alsedee "Jizz Mac" Green, at 1822

Sunnydale Avenue in the Proposed Safety Zone. (Field Interview Report No.

09000006.)

On July 31, 2009, at 3:30 p.m., Price was seen loitering with known DBG members and

associates, including Alsedee "Jizz Mac" Green, Jordan "J.O." Jordan, and Tantrell

"Trail Mix" Crawford, at the intersection of Santos Street and Brookdale Avenue, in the


On August 9, 2009 at 11:55 a.m., Price was seen loitering with known DBG members

and associates, including Wallace "Gater/Swally" Pellette and Anthony "Ant" Durant, at

1583 Sunnydale Avenue, in the Proposed Safety Zone. (Field Interview Report No.

09000553.)

On Friday August 21, 2009 at 1:50 p.m. Price was seen loitering with known DBG

member Sean "Dough" Beard at Brookdale Avenue and Santos Street, in the Proposed

Safety Zone. (Field Interview Report No. 09000575.)

On October 3, 2009, at 1:11 p.m., Price was seen playing dice and loitering with known

DBG members and associates, including Alsedee "Jizz Mac" Green and Tantrell "Trail

Mix" Crawford, on the 1500 block of Sunnydale Avenue, in the Proposed Safety Zone.


On October 27, 2009, at 1:20 p.m., Price was seen loitering with known DBG members

and associates, including Alsedee "Jizz Mac" Green and Tantrell "Trail Mix" Crawford,

at the intersection of Sunnydale Avenue and Hahn Street, in the Proposed Safety Zone.





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On November 29, 2009 at 11:43 a.m. Price was observed with known DBG members and

associates, including Wallace "Gater/Swally" Pellette, at the intersection of Sawyer and

Sunrise Streets, in the Proposed Safety Zone. (Field Interview Report No. No.

09000940.)

/ / /

/ / /

/ / /


Police discovered the following photograph depicting Price associating with known DBG

members.

Photo 154: Price, Sean "Dough" Beard, Stephen "Stevie Mac" Glass

170. DEANTRAY "TRAY" REED: Based on my professional training and experience as a


sheriff's records, photographs, and other documents, it is my opinion that Deantray Reed ("Reed") is an

active member of Defendant DBG gang.

I personally know Reed, whose moniker is "Tray."

Reed does not report to live in the Proposed Safety Zone.




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On May 18, 2008, at 6:52 p.m., SFPD officers observed a group of males in front of 1820

Sunnydale Avenue. (Police Incident Report No. 080521571.) According to the report as

SFPD officers travelled closer, Reed started running along the building line towards

Sunnydale Avenue. When Reed was finally stopped, he said that he ran because he has

"a stay away order." Reed was cited for trespassing and for delaying an officer's duties.

On August 6, 2008, at 5:40 p.m., SFPD officers responded to reports of a car jacking.

(Police Incident Report No. 080828446.) According to the report, a victim reported that

his car had been stolen at gunpoint. The victim recounted that he was seated in his car

when the suspect, later identified as Reed, produced a black semiautomatic handgun

from his pants waistband, pointed it at the victim, and said, "Get up out the car before

you get killed." Reed ordered the victims to empty their pockets, which they did and

then took the car. Reed fled westbound on Sunnydale Avenue towards Persia. Reed was

subsequently arrested and convicted of assault with a deadly weapon.

On July 30, 2010, at 4:55 pm, SFPD officers were patrolling the area of the Sunnydale

Housing Development. (Police Incident Report No. 100696808.) According to the

report, SFPD officers recognized Reed as the driver of the vehicle. Reed was in the

company of another known DBG member. SFPD officers saw a plastic baggie of off

white rocks of suspected cocaine base on the vehicle's rear right passenger floorboard. A

plastic baggie containing seven individual baggies of suspected marijuana was also

recovered. Reed and two others were arrested. Further investigation revealed that the

suspected cocaine base presumptively tested positive for presence of cocaine and

weighed 14.2 grams.


On March 6, 2008 12:58 p.m. SFPD officers were patrolling the area of the Sunnydale

Housing Development when they saw several DBG members and associates loitering in




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the parking lot near 1820 Sunnydale Avenue, in the Proposed Safety Zone. (Police

Incident Report No. 080240527 Field Interview Report No. 08000259.) According to

the report, there were seven known DBG members and associates loitering in the

parking lot including Reed, Wallace "Gater/Swally"Pellette, Joseph "Stub/z" Smith, and

Aliton "Tiggz" Woodson. Pellette attempted to hide something in a nearby car but was

unsuccessful. SFPD officers found a loaded semiautomatic handgun with an obliterated

serial number in a car that appeared to belong to Pellette. Pellette was subsequently

convicted of carrying a concealed weapon.

On March 13, 2008 at 4:00 p.m. Reed was observed with known DBG members and

associates, including Joseph "Stub/z" Smith, Alsedee "Jizz Mac" Green, and Stephen

"Steve Mac" Glass, at 1765 Sunnydale Avenue, in the Proposed Safety Zone. (Field


On March 20, 2008 at 2:05 p.m. Reed was seen loitering with known DBG member Kim

"K.I." Mitchell in the area of 1761 Sunnydale Avenue, in the Proposed Safety Zone.

(See Field Interview Report No. 08000341.)

On March 23, 2008 at 4:52 p.m. Reed was seen loitering with known DBG members and

associates in the area of Santos Street and Brookdale Avenue, in the Proposed Safety

Zone. (Field Interview Report No. 08000356.)

On April 29, 2008, at 3:08 pm, Reed was observed with known DBG members and

associates, including Wallace "Gater" Pellette, Joseph "Stub/z" Smith, Aliton "Tiggz"

Woodson, and Kim "K.I." Mitchell, at 1583 Sunnydale Avenue, in the Proposed Safety

Zone. (Police Incident Report No. 080448862.)

On July 17, 2008 at 6:30 p.m. Reed was seen loitering with known DBG member and

associate Samoa "Kilo" Lefiti and an Oakdale Mob gang member, in front of 1765

Sunnydale Avenue, in the Proposed Safety Zone. (Field Interview Report No.

08000940.)




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On August 30, 2008 at 4:30 p.m., SFPD officers observed 14 known DBG gang members

and associates together at a Kezar Pavilion youth football gang, including the following

Wallace "Gater/Swally" Pellette, Jason "Jumbo" Jones, Joseph "Stub/z" Smith, Deantray

"Tray" Reed, Kim "KI" Mitchell, Kevin "Duke" Mitchell, Aliton "Tiggz" Woodson, and

an Oakdale Mob gang member.

171. RAYMOND "BOO GOTTI" RODGERS: Based on my professional training and

experience as a police officer investigating DBG/Towerside criminal street gangs and a review of police

reports, sheriff's records, photographs, and other documents, it is my opinion that Raymond Rodgers

("Rodgers") is an active member of Defendant DBG gang.

I personally know Rodgers, whose moniker is "Boo Gotti."

Rodgers does report to live in the Proposed Safety Zone.

RECORD OF RODGERS' GANG ACTIVITY - CRIMINAL CONDUCT

On October 2, 2001 at 5:00 p.m. SFPD officers investigated information from a

confidential informant that Rodgers was storing guns and narcotics at 9 Blythdale

Avenue. (Police Incident Report No. 011180235) According to the report, when SFPD

officers made contact with Rodgers, he admitted, "I got a gun in my room. I bought it

from a dope fiend for $100. I think it is stolen." SFPD officers seized a loaded revolver

from under the mattress, a sock containing numerous live bullets, two plastic baggies

containing suspected marijuana for sales, and indicia in the name of Raymond Rodgers.

On January 20, 2005, Rodgers was convicted of felony possession of base rock cocaine

for sale for an incident that occurred on November 26, 2003 at 1643 Sunnydale Avenue.

On September 22, 2007 at 12:55 a.m. SFPD officers were conducting surveillance of a

group of individuals including Rodgers, in the area around 1737 Sunnydale Avenue.

(Police Incident Report No. 070972611) According to the report, as SFPD officers

approached, the individuals scattered. Rodgers ran and was apprehended behind 31




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Blythdale Avenue. SFPD officers saw Rodgers holding a firearm. Rodgers dropped the

firearm and was arrested. Rodgers was convicted of being a convicted felon/addict in

possession of a firearm and for carrying a loaded firearm in public.

On December 25, 2008 at 5:01 p.m. SFPD officers heard several small "pops" that

sounded like gunshots. (Police Incident Report No. 081370353) According to the

report, SFPD officers saw a DBG juvenile member running on Blythdale Avenue,

refusing to respond to police entreaties. SFPD officers then made contact with the

gunshot victim who had been shot four times. The victim identified the DBG juvenile

member the officers had just seen run by as the shooter. The victim also told officers

that "Boo Gotti" was also present during the shooting. The victim was a witness in a

homicide trial involving three other known DBG members.

On April 19, 2009, at 2:29 pm, members of DBG and TOWERSIDE congregated at

Blythdale Avenue and Hahn Street. Rodgers, along with ten other DBG members and

associates including Alsedee "Jizz Mac" Green and Aliton "Tiggz" Woodson were

present. Ten TOWERSIDE gang members and associates were present, including

Vincent "VC" Floyd, Marcus "Young Monz" Gaines, Ceabe "CB" Justin, and Diondre

"D-Nice" Young. Green asked SFPD officers if they would just let the two groups fight.

Members from both groups taunted one another yelling, throwing hands in the air, and

challenging and taunting one another.

On May 24, 2009, Rodgers was convicted in San Mateo County case for several narcotics

charges including possessing controlled substances for sale and violating conditions of

parole. Rodgers sold controlled substances to an undercover officer in or around the

Cow Palace at Santos Street and Geneva Avenue. Rodgers is in custody on these

charges.





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On July 2, 2006 at 8:30 p.m. Rodgers was seen loitering with known DBG members in

the area of 1551 Sunnydale Avenue, in the Proposed Safety Zone. (Field Interview

Report No. 06000833.)

On July 15, 2006, at 8:12 pm, SFPD officers saw Rodgers with a group of known DBG

members and associates, including Llewellyn Ledbetter, loitering in front of 1551

Sunnydale Avenue. in the Proposed Safety Zone. (Police Incident Report No.

061213262.) According to the report, Rodgers was wearing a baseball hat with "SD,"

"Gotti," and "DBG" writing on it. Manuel "Fresh" Rose, another DBG gang member,

was also present. Rose would be arrested later the same day for being in possession of a

loaded and concealed firearm.

On November 26, 2008, at 3:40 p.m., Rodgers was seen loitering with known DBG

members and associates, including Alsedee "Jizz" Mac Green, Jason "Jumbo" Jones,

Aliton "Tiggz" Woodson, and Joseph "Stub/z" Smith, at 60 Brookdale Avenue, in the



Police have discovered the following photograph depicting Rodgers throwing the DBG

hand sign "42" in front of a "RIP Fred-Fred" poster.

Photo 155: Rodgers showing the "42" DBG hand sign

172. MANUEL "FRESH" ROSE: Based on my professional training and experience as a





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sheriff's records, photographs, and other documents, it is my opinion that Manuel Rose ("Rose") is an

active member of Defendant DBG gang.

I personally know Rose, whose moniker is "Fresh."

Rose does not report to live in the Proposed Safety Zone.

EVIDENCE OF GANG ACTIVITY – CRIMINAL CONDUCT

On July 5, 2001, Rose was convicted in San Mateo County on charges of carrying a

concealed weapon.

On May 22, 2004 at 12:56 p.m. SFPD officers investigated information received from a

confidential informant that “Manny Fresh” was selling narcotics in front of the Little

Village Market on the corner of Sunnydale Avenue and Hahn Street. (Police Incident

Report No. 040586703.) According to the report, when SFPD officers arrived at the

intersection of Sunnydale Avenue and Hahn Street, Rose was in front of the Little

Village Market. SFPD officers searched Rose and found suspected cocaine base pinned

to the flap near Rose’s pants zipper. Rose was subsequently convicted of narcotics

charges.

On May 13, 2005 at 6:12 p.m., Rose was arrested in the Proposed Safety Zone for

possession of marijuana for sale. (Police Report No. 050533982.) According to the

report, Rose and known DBG member Christopher "C&H" Byes were arrested by SFPD

officers during a traffic stop. Rose was arrested for not having a valid California driver's

license and for having fourteen small baggies of marijuana pinned to the inside zipper

area of his pants. C Byes was also in possession of fourteen small baggies of marijuana

pinned to the inside zipper area of his pants as well as 51 individually wrapped rocks of

suspected base cocaine that were hidden in between his buttocks.

On July 15, 2006, at 8:12 pm, SFPD officers saw Rose with other known DBG members

including Raymond "Boo Gotti" Rodgers and Llewellyn Ledbetter loitering in front of

1551 Sunnydale Avenue. (Police Incident Report No. 061213262.) According to the




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report, Rodgers was wearing a baseball hat with "SD," "Gotti," and "DBG" writing on it.

Rose would be arrested later the same day at approximately 9:30 p.m. for being in

possession of a loaded and concealed firearm. Rose would later admit possession of the

firearm and indicate that he "found" the firearm, in the Sunnydale Public Housing

Development. Rose was convicted of carrying a concealed weapon.

On November 7, 2007, at 1:39 pm, SFPD officers investigated what appeared to be a

robbery in progress. (Police Incident Report No. 071144033). According to the report,

SFPD officers saw Floyd "Freak" Jackson hide a chrome gun under a couch cushion at

1540 Sunnydale Avenue. Jackson was with Rose. Both Rose and Jackson resisted

arrest, and Jackson punched an SFPD officer in the face. SFPD officers recovered two

guns from the couch and individually wrapped baggies of suspected marijuana safety

clipped inside Rose's jeans near the upper inner thigh area. At the time of this arrest,

Jackson was on felony probation until October 3, 2010, and had a stay away order from

the Sunnydale Housing Development until September 13, 2010. Rose was also a

convicted felon and was on two active grants of probation. Jackson and Rose were

convicted of illegal weapon possession and participation in a criminal street gang.

Jackson's sentence on these charges included a stay away from the Sunnydale Housing

Development and from any known DBG member.

On April 25, 2010, at 5:33 p.m., SFPD officers spotted Rose when patrolling the area

surrounding the Sunnydale Public Housing Development. (Police Incident Report No.

100382637.) According to the report, Rose had an active stay away order from all San

Francisco Housing Authority property. As soon as Rose saw SFPD officers, he began to

run north towards the fence line, passing from the 1800 block of Sunnydale Avenue, to

the 1600 block and through an opening leading to Hertz playground. Rose was arrested

inside Hertz playground near 1510 Sunnydale Avenue for violating his stay away order

and for resisting arrest.




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EVIDENCE OF GANG ACTIVITY – ASSOCIATION

On September 12, 2005, at 2:20 p.m., Rose was seen loitering with known DBG

members and associates, and known Oakdale Mob gang members, at 1765 Sunnydale

Avenue, in the Proposed Safety Zone. (Field Interview Report No. 05000709.)

On March 18, 2006, at 8:11 p.m., Rose was seen loitering at with known DBG members

and associates 1600 Sunnydale Avenue, in the Proposed Safety Zone. (Field Interview

Report No. 06000299.)

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EVIDENCE OF GANG ACTIVITY – INDICIA

Police have discovered the following photographs depicting Rose associating with known

DBG members.

Photo 156: Rose, Emon "Flav/e" Brown Photo 157: Rose with other known DBG members/associates, one of whom is throwing a "42" hand sign




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