Case4:13-cr-00818-PJH Document94-5 FiledO4/20/15 Pagel of6 EXHIBIT if?: Ill I . - Lud- .u I. STATE OF CALEORNIA COUNTY OF Register No. - Arrest No. The People of the State of California, to: ANY PEACE nu ALAMEBA ?9 Proof by af?davit, having been made before me on this date by Sergeant Robert Nolan of the Oakland Police Department, that there is probable and reasonable cause for the issuance of the search warrant, as set forth in the said af?davit. YOU ARE TEEREFORE ORDERED to make a search on and in the premises, structures, rooms, receptacles and safes situated at: 1759 Seminary apartment is .t .12, wetland, California; a white two story apartment complex with green trim and the numbers I 759 af?xed to the south wall with a real tile roof: For the following property, things and egidence: l. Clothing including but not limited to three black hooded jackets, black jeans, and a white t- shirt with a rectangular print. 7 2. Documents containing lists of names, articles of indicia tending to establish the identity of persons in control of the premises or documentation of any conflicts of residents and anyone else, including but not limited to: cell phones, keys, bills, utility receipt, rental receipt, photographs, and other personal property such as other clothing used in the crime, 3. Videotapes, magazines, newspaper articles, audio recordings, writings or other publishing, computers, computer records, cell phones, cell phone records or other media that may contain real or simulated acts of violence including but not limited to items pertaining to the attempt murder documented in this report. I 4. A cellular telephone thought to belong to Purvis Ellis Metro PCS with the telephone number of 510-904 7509 registered to Wendell Stephens 5. The Person ofPurvis Ellis 24 May 86 if you find the same or any part thereofgto bringrforthwith before me or this court, or to any other court in which the offense in respect to which the property or things is triable, or retain such property in your I custody, subject to the order of this court pursuant to section 1536 of the Penal Code. nusrnecrrons The Affidavit Statement of Probable Cause, tiled herewith, has demonstrated legal justification for the following special procedures, which are authorized it checked: El Night Service: This warrant may be served at any hour of the day or night. I, for" - all Time of issuance: of??th a i a rd STATE OF CALIFORNIA 1 SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA AFFIDAVIT FOR SEARCH WARRANT JAN 2 COUNTY or ALAMEDA Register No. CLERKQF Hafiz: ?that use, Arrest No . i 3? bill}, MW Sergeant Robert Nolan Oakland Police Department, Oakland, California, being sworn, says: that there is probable and reasonable cause to believe, and I do believe, that there is now on and in the premises, structures, rooms, receptacles and safes situated at: I 759 Seminary Apartment #112, Oakland, California; a white two story apartment complex with green trim and the numbers I 759 af?xed to the south wall with a red tile roof. For the following property, things and evidence: Your AFFIANT says that there is probable and reasonable cause to believe and that he does believe that the 1. Clothing including but not limited to three black hooded jackets, black jeans, and a white t?shirt with a rectangular print. 7 2. Documents containing lists of names, articles of indicia tending to establish the identity of persons in control of the premises or documentation of any conflicts of residents and anyone else, including but not limitedggto: cell ,thones, keys, bills, utility receipt, rental receipt, photographs, and other personal property as other clothing used in the crime, 3. Videotapes, magazines, newspaper articles, audio recordings, writings or other publishing, computers, computer records, cell phones, cell phone records or other media that may contain real or simulated acts of violence including but not limited to items pertaining to the attempt murder documented in this report. 4. A cellular telephone thought to belong to Purvis Ellis Metro PCS with the telephone number of 510-904 7509 registered to Wendell Stephens 5. The Person of Purvis Ellis 24 May 86 said property constitutes: (X) stolen or embezzled property and (X) property or things used as the means of committing a felony and i (X) property or things in the possession of a person With the intent to use it as a means of committing a felony, or in the possession of another to whom he may have delivered it for the purpose of concealing it or preventing its being discovered and (X) property or things which consist of an item or constitute evidence which tends to show that a felony has been committed, or tends to show that a particular person has committed a felony. '7 REPORTS-DOCUNIENTS-OO3416 Your af?ant says that the facts in support of the issuance of the search warrant are as follows: Your affiant is a police Sergeant with the Oakland Police Department. I have been a sworn peace of?cer for the Oakland Police Department for over twenty two years. I have investigated dozens of murders as the primary investigator, and have received training on the investigation of murder and other crimes. 1 have assisted and participated in the investigations of hundreds of crimes, to include murder, shootings and gang investigations. 1 have monitored wiretap conversations and gained an understanding of the working of criminal street gangs. 1 have conducted numerous interviews with suspects involved in said crimes ranging from homicide, sexual assault and other felonies. On January 21, receivedfa call froi?n Of?cer R. Rosin to come in and assist with an attempt murder of Of?cer This incident is documented on Oakland Police Crime Report 13?003748. The following in a summary of 13-003748: On January 21, 2013, at 6;22 PM Of?cer went to 1759 Seminary in an undercover capacity, driving a covert vehicle in an attempt to "l Avenger 4door white with California license plate 6VEP025. There was information that this vehicle was parked in the parking lot. This vehicle was identi?ed as the suspect vehicle in an attem murder (664/187 PC) that occurred on January 20, 2013 in the 5900 block of Foothill Blvd. Of?cer Entered the driveway and was confronted by three suspects. One suspect entered the of his covert vehicle and confronted him as to why he was there. A struggle ensued and Of?cer as ?ghting to retain his gun that was in the center console. The second suspect was at the driver?s door and began pistol whipping in the head with a gun. The suspect in the passenger seat was able to get control of Of?ce pistol. At some point during the struggle, Of?cer was shot in the left wrist. Of?cerl Iwas able to gain control of one of the suspect?s guns during the struggle. The suspects fled from the scene. Of?cer {was transported to and treated for injuries to his head and a gunshot wound to his eft wrist. The suspects took two pistols from of?ce The ?rst one was his duty weapon service pistol a Glock 22 .40 caliber pistol and the second was 3 Glock 27 .40 caliber Of?cer 8. Valle received information from a con?dential reliable informant that will be referred to as in this af?davit. told Of?cer Valle the followingfi'hfonnatifin regarding to attempt murder of Of?cer] advised Of?cer Valle that shortly after the '?hdoting, Xfc?received a phone call] 3 E?Tay Tay? and ?Lil? Dame? just shot someone in the driveway of the apartment complex. Otticer Valle told your af?ant that Of?cer Valle knows ?Tay Tay? to be the street moniker for Deante Kincaid and ?Lil? Dame? to be the street moniker for Damien McDaniel. I I?Lil? Joe? and were also in the driveway when the shooting happened. Of?cer Valle told your attiant that Valle knows to be Purvis Ellis. Of?cer Valle later advised your af?ant that told Of?cer Valle that told Valle[:i I E?Tay Tay? just shot at a cop I?Lil? Dame? got away and fled the area after the shooting. Based on this conversation! Of?cer Valle told your af?ant that Valle believes that Deante Kincaid put the gun that was taken from Of?cer land the gun that was possibly used to shoot him with inside Ellis? apartment. Of?cer Valle advised your af?ant that he has had several conversations with regarding 1759 Seminary Avenue over the past few days. Valle advised that has told him that ?Tay Tay?, ?Lil? Dame?, ?Lil? Joe?, and ?Lil? Tay?? advised Of?cer Valle that ?Lil? Dame?, and ?Lil? Joe? all live in 1759 Seminary Avenue. Of?cer Valle also told your af?ant that he "a coniiei?gsation with regarding the shooting in the 5900 block of Foothill Boulevard. Valle advised your af?ant that told him that prior to the shooting on Foothill x/zz/z?/E 5 I I told Valle that a few days before the shooting! lin a Dodge that a Dodge Avenger four-door vehicle was used in the shooting in the 5900 block of Foothill Boulevard. lthe license plate to the Avenger! was 6VEP025, which is the exact same vehicle license plate and description of the Dodge Avenger that was used in the shooting in the 5900 block of Foothill Boulevard. Of?cer Valle told your af?ant that several hours after Of?cer-Was shot, Valle met with in regards to the shooting. Of?cer Valle told your af?ant that Of?cer Valle showed booking photos of Deante Kincaid, Purvis Ellis, and Damien McDaniel. positively identi?ed Kincaid as ?Tay Tay?, Ellis as and McDaniel as ?Lil? Dame?. Of?cer Valle als became aware that a Joseph Pennymon was detained during the shooting investigation of Of?cer Believing that Pennymon might be ?Lil? Joe?, showed a booking photo of him to X. positively identi?ed Pennymon as ?Lil? oe?. Of?cer Valle told your af?ant that he also obtained a blueprint of 1759 Seminary Avenue from Lt. T. onesl Your Af?ant knows from experience that iridi'viduals vilho commit crimes such as attempt murder using ?rearms and ammunition will commonly store those weapons and ammunition inside of their homes, homes of friends and homes of relatives in the hope of avoiding a seizure by police. Those individuals will also keep records in their computer and writings such as, but not limited to, diary or log, about crimes that they are involved in. Af?ant also knows that items of Indicia will tend to prove residency at a location. A search warrant service of 1759 Semina y: #212 in the morning of 22 Jan 13, yielded the two Glock handguns that were taken from Of?cer during his struggle. This recovery from the apartment attributed to Purvis Ellis tends to corroborate stateents made by X. earlier in the af?davit. Of?cer S. Valle?s informant received a call from a femaleE This female told Of?cer Valle?s informant, previously referred to as X, that Eshortly after the shooting of Of?cer! I I spoke to Captain Ersie Joyner, who told me that they had obtained a list of occupants from the owner of the residence. abulani Williams was listed as an occupant of #1 12 at 1759 Seminary. The recovery of the Glock ?rearms belonging to Of?cer: Ecombined with the fact that the (3.1. information that saysl ltends to indicate that Purvis Ellis has involvement in the assault and attempt murder of Officer! i. this same C1 provided the, cellular telephone number This phone number is registered tol whom your affiant knows is a deceased Oakland gang m?mber?held in high regard by other gang members. I know from past investigations that Purvis Ellis was associated with the extremely violent Gas Team gang years ago and that his name has been associated with gangs known to commit shootings with great regularity. I know that search warrants have been served on Ellis that yielded the seizure of ?rearms in the past. Notably report 08-55051. In June 2008, The Oakland Police Department partnered with the Alameda County District Attorney?s Of?ce and conducted a criminal investigation on a criminal street gang that operated in Oakland called the Acorn Gang. Wiretaps were used and one of the targets of the wiretaps was Purvis Ellis. On 6Jun08, Oakland Police Lieutenant T. Jones executed a search warrant on a vehicle Purvis Ellis was believed to be storing weapons. 4 Assault Ri?es were recovered from the trunk of the Vehicle, 1995 Lexus SC 400 2D Green. The vehicle was registered to Jabulani Williams who lived at 5944 Bromley The vehicle was parked in the 5900 block of Bromley. Of?cers knew from the wiretaps that Ellis lived in the 5900 block of Bromley Street and he later admitted on the wiretaps that the rifles belonged to him. Ellis was later convicted of possessing those Assault Ri?es. This case is documented on OPD 08?05505 1. I believe that probable cause exists to believe that Purvis Ellis was a participant in the assault of Officer and efforts made subsequent to that crime to evade capture and conceal evidence. Just prior to 1100 AM on 22 Jan 13, receivpd'a telephone call from Lt. Trevelyon Jones who told me that Purvis Ellis emerged from #112 and surrendered. lir?elieve that evidence may exist at the address which will assist us in investigation and inclusion or exclusion of persons invoilved in the attempt murder of Of?cer Based upon your af?ants training and experience, the information I received, and the facts contained within this af?davit, your affiant has reasonable cause to believe, and I do believe, that a search of 1759 Seminary Oakland and Apartment #112, California; a white two story apartment complex with green trim and the numbers 1759 affixed to the south wall with a red tile roof, will produce evidence that will prove or tend to prove the crimes of Attempt Murder 664/187 PC had occurred. Therefore, your af?ant prays that a search warrant be issued for 1759 Seminary Apartment 112, Apartment #Oaklami, California; white two story apartment complex with green trim and the numbers I 759 af?xed to thaw th re tile roof. Eigndturg of Af?dnt Subscribed and .0 before me on Iii/5 "fly ??ff ignature?hf Magistrate 92' Hrs-1,14;