File No. F-l6-00725 STEPHEN S. CARLTON DISTRICT ATTORNEY Shasta County 1355 West Street Redding, CA 96001 (530) 2456300 shasrada@co. Shasta. ca. us FEB 112 2:33 CLERK FUCH, DEPUTY Attorney for Plaintiff IN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SHASTA Redding Branch THE PEOPLE OF THE STATE OF CALIFORNIA No. 16?00725 Plaintiff, vs. Felony CHARLES KEVIN CANEIELD JR, Next Court Date: 02/02/2016 DA REDDING POLICE DEPARTMENT 166479 The District Attorney of Shasta County, by and through the undersigned Deputy District Attorney, on information and belief, complains and accuses defendant(s) of having committed, in the County of Shasta, State of California, the crime(s) of: COUNT 1 MURDER IN THE SECOND DEGREE, in violation of Section of the Penal Code, a Felony. Defendant (5) CHARLES KEVIN CANFIELD JR., On or about the 28th day of January, 2016, committed an act dangerous to human life, with knowledge of the consequences of that act and, in so doing, did unlawfully kill a human being, to wit: MARLEY JOHNSON (DOB: 05?02?05). It is further alleged that the above offense is a serious felony within the meaning of Penal Code Section 1 COUNT 2 GROSS VEHICULAR MANSLAUGHTER WHILE INTOXICATED, in violation of Section of the Penal Code, a Felony. Defendant (5) CHARLES KEVIN CANFIELD JR., On or about the 28th day ofJanuary, 2016, did unlawfully kill MARLEY JOHNSON (DOB: a human being, without malice aforethought, in the driving of a vehicle in violation ofVehicle Code Sections 23152 and 23153 and the killing was the proximate result ofthe commission of an unlawful act, not amounting to a felony and with gross negligence. COUNT 3 DRIVING UNDER THE INFLUENCE CAUSING INJURY WITH PRIORS, in violation of Section of the Vehicle Code, a Felony. Defendant (3) CHARLES KEVIN CAN FIELD JR, On or about the 28th day of January, 2016, did willfully and unlawfully, while under the in?uence of an alcoholic beverage and a drug and under the combined in?uence, drive a vehicle and in so driving did an act forbidden by law and neglected a duty imposed by law, which proximately caused bodily injury to MARLEY JOHNSON (DOB: It is further alleged that pursuant to Vehicle Code Section 23566(a), on or about the said defendant committed a violation of Vehicle Code Section and was convicted thereof on or about the 2ND DAY OF DECEMBER, 2011, in the SHASTA County Court, Case 11TR6629. COUNT 4 DUI OF CAUSING INJURY PRIOR CONVICTION, in violation of Section of the Vehicle Code, a Felony. Defendant (5) CHARLES KEVIN CANFIELD JR., On or about the 28th day of January, 2016, did willfully and unlawfully, while having 008 percent or more, by weight, of alcohol in his/her blood drive a vehicle and in so driving did an act forbidden by law and neglected a duty imposed by law, which proximately caused bodily injury, to MARLEY JOHNSON (05-02-05). It is further alleged that pursuant to Vehicle Code Section 23566(a), on or about the said defendant committed a violation of Vehicle Code Section and was convicted thereof on or about the 2ND DAY OF DECEMBER, 2011, in the SHASTA County Court, Case it 11TR6629 COUNT 5 HIT AND RUN CAUSING DEATH INJURY, in violation of Section of the Vehicle Code, a Felony. Defendant (3) CHARLES KEVIN CANFIELD JR., On or about the 28th day of January, 2016, did willfully, unlawfully, and knowingly, being a driver of a vehicle involved in an accident resulting in death to a person other than himself/herself, to wit: MARCEL MARCIANO JOHNSON and MARLEY JOHNSON, fail, refuse and neglect to give to the injured person and to a traf?c and police officer at the scene of the accident his/her name and address, the registration number of his/her vehicle, and the name of the owner of said vehicle; to exhibit his/her operator's license; to render reasonable assistance to the injured person; and perform the duties specified in Vehicle Code Sections 20003 and 20004. ENHANCEMENTS 20001(c) VC SPECIAL ALLEGATION HIT AND RUN DURING THE COMMISSION OF VIOLATION OF PENAL CODE SECTION 192(c)(1) OR 192(c)(3) It is further alleged that that defendant(s) CHARLES KEVIN CANFIELD JR, As to Count 2, that the defendant did after the commission of a violation of Penal Code Section 191 or section or resulting in the death of MARLEY JOHNSON (05-025-05). 12022.7 PC SPECIAL ALLEGATION GREAT BODILY INJURY. It is further alleged that the defendant(s) CHARLES KEVIN CANFIELD JR, As to Count 3, 4 AND 5, that in the commission of the above offense the said defendant(s), personally in?icted great bodily injury upon MARELY JOHNSON (05-02-05), not an accomplice, to the above offense, within the meaning of Penal Code Section 12022.7 and also causing the above offense to become a serious felony within the meaning of Penal Code Section 23578 VC SPECIAL ALLEGATION OF .15 OR HIGHER BLOOD ALCOHOL It is further alleged that defendant(s) CHARLES KEVIN CANFIELD JR., As to Count 3 AND 4, had a blood alcohol content of .15 percent or higher within the meaning of Vehicle Code Section 23578. 23558 VC SPECIAL ALLEGATION OF BODILY INJURY TO MORE THAN ONE VICTIM. It is further alleged that defendant CHARLES KEVIN CANFIELI) JR., As to Count 3 AND 4, proximately caused death or bodily injury to more than one victim, to wit: MARLE w' hin the meaning of Vehicle Code section 23182. LAURA SMITH Deputy District Attorney Subscribed and sworn on February 2, 2016 Pursuant to Penal Code Section the People are hereby informally requesting that defense counsel provide discovery to the people as required by Penal Code Section 1054.3. LS/clo Court, I deem the within complaint to be an HOLDING ORDER It appearing to me that the offense(s) in the within complaint has/have been committed, and that there is suf?cient cause to believe that the defendant(s) CHARLES KEVIN CANFIELD JR, is guilty thereof. The defendant(s) CHARLES KEVIN CANFIELD JR., having waived preliminary hearing to the offense(s) set forth in this complaint, Exceptions/Additions/ Conditions: I order that the defendant be held to answer to same. In my capacity as Judge of the Superior Information and order it filed in the Superior Court. I order that the defendant be held to answer to same. An Information is to be ?led by the District Attorney?s Office within the statutory time limit for defendant's arraignment on said Information. Date: Dept. Judge of the Superior Court Sitting as Magistrate COMPLAINANT DATE 81 TIME OF SUPP. CASE NUMBER PAGE BEDDING POLICE 01/28/2016 2122 16~64?9 1 INDEXING ORIG. REPORT DATE ORIG. CRIME CODE ORIGINAL OFFICER CASE Supplemental 01/28/2016 2122 Traffic Accident Brian STATUS OPEN Cl CLOSED El Qty Article 1 SD CARD WITH VOICE RECORDING OF INTERVIEW WITH BLOOD SAMPLE mm ARREST I. INVESTIGATIVE NARRATIVE: On 01/28/2016 at about 2122 hours, I was in full class uniform and (m?wl assigned tx> a two man rm?ghborhood police unit marked patrol vehicle umm?d with Officer MAXWELL #154. Officer MAXWELL and I responded for an area check for a suspect who had fled the scene of a traffic collision at Hartnell/Avenue and Northwoods Way. While conducting an area check, I was advised by SHASCOM that Officer FERRIN #144 had located the suspect in front of the IHOP Caf? on Hilltop Drive in Redding; I was also qumm advised by SHASCOM that the traffic collision resulted in the death of a 10 year old juvenile. I contacted Officer FERRIN at the IHOP caf? and he told me that he had ?mg identified as the driver of a vehicle involved in the collision and also, was the registered owner of one of the vehicles involved in the collision. Officer FERRIN told me he believed was DUI. As a Drug Recognition Expert for the Redding Police Department, II assumed the primary investigation for the driving under the influence portion of this case. Officer FERRIN completed a supplemental report for his location, identification, and observations Pma of For further information regarding Officer observations, refer 13) his supplemental report for his assistance in this investigation. was located in the rear transport area of Officer patrol vehicle which was parked on the right roadway edge of HilltOp Drive,.facing north. I requested Officer FERRIN pull into the parking lot of the IHOP Cafe so that I could perform field sobriety testing of in a safer location than the roadway edge of Hilltop Drive, which can have moderate to heavy traffic. I opened the rear passenger door of Officer patrol vehicle and contacted I immediately smelled a heavy odor of alcohol on person. I noticed his clothing was unkempt, the muscles in his face were drooping, and his eyelids were droopy. I read his Miranda Rights per my Redding Police Department' issued Miranda Warning Card. I asked if he understood his he told me he did. I asked a series of questions that are listed on TOTAL OFFICER RANK SERIAL NUMBER APPROVED BY DATE TYPED BY REPORT NUMBER DAY, Nicholas OFR 120 ML 31} {bang 715 16?6479 Flew. W95 COMPLAINANT DATE 8 TIME OF SUPP. CASE NUMBER PAGE BEDDING POLICE 01/28/2016 2122 16?6479 2 ADDITIONAL INDEXING OHIG, REPORT DATE BRIG. CRIME CODE ORIGINAL OFFICER CASE Supplemental 01/28/2016 2122 Traffic Accident Brian sums OPEN the Redding Police Department DUI arrest report face page. The following Cgim is a summary of those questions and responses to ?those questions. 7?g?g I asked what time it was and he told me it was about cu?ww? midnight. The actual time on my wrist watch was about 2147 hours. I *mgm asked if there were any mechanical problems with his vehicle and told me no. I asked if he had been drinking and he saLd yes. I asked where he had been drinking and he told me 'Gmuw he had been drinking at the Hen House. I asked what type of alcohol he had consumed. told me he had been drinking beer and whiskey. I asked him what brand of alcohol he had drunk and. told me he had been drinking Coors Light. I asked how Inuch. he had. had. to drink and. he said, don?t know.? I: asked pam??- what time he started drinking and he stated at about 6:30 pm. I asked what time he stopped drinking and he said, couldn?t tell ya.? I asked if he could feel the effects of the alcohol. said, ?Yes I do man, I'm not trying to argue, I know I fucked up.? I again asked to describe the effects of the alcohol. said, ?Kinda buzzed. I'm not hammered or fucked in: or anything like that.? then stated, ?I?ve been through this before, I have one DUI, it?s on record. You guys probably already know.? further' stated. he had. a DUI arrest in November of 2011. then stated he had been drinking because it was his birthday a couple nights ago and Ina had ea three day weekend. then asked me, didn?t kill anyone, did I asked that after the accident, did he stop and check on the other driver or exchange insurance information, or vehicle information, or anything like that? said, ?Well no, as soon as shit happened, I took off." I asked if he was hurt and he said his leg was hurt from the traffic collision. J: asked if Ina had any other foot, leg, ankle, or hip problems and he stated no. did not claim to be sick or taking any medication. I asked where he had been coming from and he stated he was coming from the Hen House. I asked him what time he left and he said, don?t know.? I asked where he was going and he stated he was going home. I asked if he knew where he was right now and he stated, ?Somewhere around the Black Bear and the IHOP, I?m on Hilltop.? then said, fucked up big time this time.? I asked how many hours of sleep he had last night and he said he slept from 8:30 in the evening until 5:00 in the morning when work. I asked when he last ate and what he had ate. stated he had eaten a OFFICER RANK SERIALNUMBEH APPROVED BY DATE man By DAY, Nicholas OFR 120 3L9. jjth? 715 16?6479 COMPLAINANT DAVE TIME OF SUPP. CASE NUMBER ems" BEDDING DEPT. I 01/28/2016 2122 16?6479 3 ADDITIONAL 1N DEXING ORIG. REPORT DATE ORIGL CRIME CODE ORIGINAL OFFICER CASE Supplemental 01/28/2016 2122 Traffic Accident Brian OPEN sandwich at about 2 pm. I asked if he was driving the vehicle and he said, ?Yes I was.? I asked how much he had drank since the collision and stated he had not drank anything since the collision. then said, fucked up, can anyone tell me if that girl is ok?" . ARREST I asked what he saw at the accident scene before he took off. said, remember seeing the airbag in my face, then I jumped 83m out of my car and ran. I?ve never been in' an accident before.? ?agagf then stated, ?There was a guy holding his girlfriend, I just really hope to God she?s ok. I swear to God, I know I fucked up.? Unfounded further said, ?All I know is when I hopped out, I saw him holding her and I took off." then said, ?That's fuckin? hit and run, and I know that.? then stated, really fucked up and I hope to God she?s ok.? DAICOUFIT While speaking with during this interview, I could smell a very heavy odor of alcohol on his breath as he spoke. had red, bloodshot, and watery eyes. His speech was very slow and slurred. w?m During part of my?interview with he was standing outside of a marked. patrol car and. he ?was swaying heavily and1 had 11) use the vehicle for balance a few times. I explained and/or demonstrated all standardized field sobriety' tests (FSTS) to prior 1x3 him HWWL attempting them. Hystaggus ?ma had equal pupil size and equal tracking in both eyes. He had a lack of smooth pursuit in both eyes, distinct and sustained nystagmus in both eyes, and an immediate angle of onset in both eyes. Vertical nystagmus was present in both eyes and I observed a lack of convergence in the right two times. was not able to perform a Walk and Turn or a One Leg Stand_ test due 13) an injury 13) his right leg and fur) as a result of the traffic collision. EELS was advised per 23612(i)CVc. submitted 11) two preliminary alcohol screening tests (PAS). The first test was at 2209 hours and resulted in a .209% BBC. The second test was administered at 2211 hours and resulted in a .194% BAC. Prior to each PAS test, I showed two separate plastic straws used in conjunction with the PAS machine. Both straws were sealed in plastic, which. were shown to ?ma OFFICER HANK SERIALNUMBEFI APPROVED BY DATE TYPED BY DAY, Nicholas OFR 120 312 715 16?6479 Rev. 2'196 OFSUPP. REDDING POLICE DEPT. 01/28/2016 2122 16?6479 4 ADDITIONAL REPORT DATE ORIG. CRIME CODE ORIGINAL OFFECEH CASE Supplemental 01/28/2016 2122 Traffic Accident Brian STATUS OPEN and the straws were removed from the plastic in front of him eag?s- where he could clearly see that. During the FST testing, was positively identified as the involved driver in the collision by a witness. I was also later advised ?Emma by Officer SNYDER #145 that wallet was located in close proximity to the collision scene. That information is covered in Officer EXQR traffic collision report. Based on objective of intoxication, as well as his performance on FSTs, in addition to his admission to driving at the time of the collision, and the witnesses positively identifying him as being involved in the {wwmw collision during field show-up, I placed under arrest. was already in handcuffs from Officer initial contact with him. I searched person for ?weapons and confirmed the handcuffs were properly fitted and double locked. identification was confirmed both verbally by him, as well Dmawm as a distinct tattoo description. DXCANFIELD was given a Trombetta advisement per 23614 CVC and he chose a blood test. Officer MAXWELL and I transported to Shasta Regional Medical Center for a blood draw and a medical clearance for jail booking. Upon arrival at the hospital, I asked if he had completed a six Inonth DUI offender education course after his DUI conviction in ?mmt 2011. told me that he did complete the six month DUI offender education course. I asked if he knew that driving ?while intoxicated was dangerous and could result in injury or death. ?ma stated he knew that both from his DUI offender course and that 11: was common knowledge, despite taking the c?ass, that driving while intoxicated could cause injury or death. was medically cleared. at Shasta Regional Medical Center for jail booking. Officer MAXWELL and.2[ transported to the Redding Police Department Investigation?s DiviSion. Officer MOORE #166 conducted an interview with for his portion of the investigation. For details regarding that interview, refer to Officer original crime report. I completed a probable cause declaration for for the charges of 187 PC, and I summoned Officer MACK #160 to the Redding Police Department Investigation?s Division to transport to the Shasta County Jail. I furnished Officer MACK with copies of the probable cause declaration and Officer MACK assumed custody (IE and transported him_tx> the Shasta County Jail, where he was booked for.the listed charges. My interview vmjji jJi reference ix) the questions listed on the Redding Police Department DUI arrest report, was recorded with my ?75?f? OFFICER HANK SERIAL NUMBER APPROVED BY DATE TYPED BY REPORT NUMBER DAY, Nicholas OFR 120 dyad?, 715 16?6479 COMPLAINANT REDDING POLICE DEPT. ADDITIONAL INDEXING uppl emental DATE TIME OF SUPP. CASENUMBEFI 01/28/2016 2122 16-6479 BRIG. REPORT DATE ORIG. CRIME CODE PAGE ORIGINAL OFFICER 01/28/2016 2122 Traffic Accident Brian CASE department issued digital voice recorder. The SD card containing that interview was later booked into the Redding Police Department Evidence. I also later booked the blood draw into the Redding Police Department Evidence. II. CASE STATUS: Closed; attach a copy of this report to the original offense report. STATUS OPEN CLOSED CI INACTIVE CI QEARANCES ARREST EXCLR Cite 8? Hal CI Unfuunded [1 Info Only [3 ROUTING DAICOURT INVEST PATROL PROB. TOTAL OFFICER RANK SERIAL NUMBER APPROVED BY DATE TYPED BY REPORT NUMBER DAY, Nicholas OFR 120 5.5? 3,2 Mpg/,5 715 16?6479 REMYISE . -- - - -- -- CASE NUMBER @165 REDDING POLICE DEPT. 16?6479 ORIG.REPOFTT DATE ORIGCRIME CODE ORIGINAL OFFICER CASE Supplemental I . . anus 0mm SUCK) I. INVESTIGATIVE NARRAEIVE: . On January 28, 2016 at approximately 2122 hours I was working as a City of Redding Police Officer, in full police uniform, driving a marked ?F?ng patrol vehicle. II heard SHASCOM give ea radio broadcast of an1 injury collision (n1 Hartnell Avenue with aa suspect fleeing the area CH1 foot 86m toward I was at the-station preparing my vehicle and heard other "agfgr units arrive at the scene of the collision. I started driving toward MARI to search for the suspect, who was reported to ix; a white male mamm adult in dark clothing. One of the units at the scene of the collision provided SHASCOM with the RmEme license plate of the black DODGE pick?up that the suspect had fled from. SHASCOM'advised'the vehicle?s DMV record showed a release of liability to D/Charles CANFIELD out of Shasta Lake. As I was driving eastbound on East Cypress Avenue, approaching the intersection of Hilltop Drive, I observed akwhite male adult running northbound through the parking lot "ng of the CHEVRON gas station (765 E. Cypress Av). The male?s identity was later confirmed as D/Charles CANFIELD, via tattoos. It was dark and raining outside and appeared disoriented as I watched roam run out into the moderate traffic on East Cypress Avenue without looking for? oncoming ?vehicles. lmade ii; across the street into the parking lot of JACK IN THE BOX (800 E. Cypress Av.) I confirmed with SHASCOM the suspect was last seen running toward and at 2132 hours I advised SHASCOM I was going to attempt a pedestrian contact, with a possible suspect, at JACK IN THE BOX. As I turned onto Hilltop Drive I saw walking northbound on the east sidewalk of Hilltop Drive in front of IHOP (2495 Hilltop I could see the seat of pants were wet and one of his rear pockets was ripped. was breathing hard and there was mud_ on his pants and shoes. matched the description of the suspect and based on his behavior, I believed there was a high likelihood he might run when I attempted to contact him. I activated my vehicle?s emergency lights, pulled up behind and exited my patrol vehicle. I called out, ?Police, stop? and stopped walking, but did not immediately turn to face me. It appeared EVCANFIELD was preparing tx> run; however, after a meent he turned to. face .me and IE could. see he ?was unsteady (n1 his feet. As looked at me, I could see his eyes were red and watery. PATROL PROB. REPORTNUMBER OFFICER FERRIN, RANK NUMBER 144 APPROVED BY in) DATE IJMIJL TYPED BY 144 Josiah OFR Rev. 7/95 I COMPLAINANT DATE 8. TIME OF SUPP. CASE NUMBER REDDING POLICE DEPT. 16?6479 2 ADDITIONAL INDEXING ORIG- REPORT DATE ORIG. CRIME CODE ORIGINAL OFFICER CASE Supplemental STATUS OPEN I asked if he had just been involved in a ?crash.? C?im was silent for a nmment then told me he had just been in a cmash. I asked if he was the driver of a black DODGE pick?up and he told me he was. provided his name and I recognized it was a match for the registered owner of the suspect vehicle. At that point, I ?Emma hati heard radio traffic to indicate: the collision. had. resulted. in a fatality, so 32 detained in handcuffs at approximately 2134 hou rs . I I checked the handcuffs for proper fit and double locked them. I asked if he had identification on him and he told me his wallet, with ID card, was in his right rear pocket. I did not locate a wallet on person. stated the wallet was possibly in his truck. I asked if he was injured from the collision and if he required medical attention. stated, ?I'm pretty drunk, but I think I?m ok." . DMOOUHT As I spoke with could. smell the odor of an alcoholic beverage emitting from his breath and his person. I advised SHASCOM that had been drinking and requested a second.unit to assist me with field sobriety tests. Officer DAY 120 and Officer thwELL 154 arrived on scene.? I- advised Officer DAY of objective of intoxication, which I had observed, and Officer DAY assumed ?mm the lead. role . in I the subsequent Driving Under the Influence investigation. II stood by mdih (Hficer DAY and Officer MAXWELL while Officer DAY conducted his investigation and then arrested at 'Pma the conclusion. . . I I . CASE STATUS Open; refer to lead investigating officer. I OFFICER RANK SERIAL NUMBER APPROVED BY DATE TYPED BY REPORT NUMBER FERRIN, Josiah OFR 144 144 16?6479 Raw. W95 DATE 5 TIME OF SUPP. CASE NUMBER REDDING POLICE DEPT. 01/28/2016 2140 16?6479 1 ADDITIONAL INDEXING DRIG. REPORT DATE ORIG. CRIME CODE ORIGINAL OFFICER CASE Supplemental 01/28/2016 21:22 1180 . STATUS OPEN CLOSED I. INVESTIGATIVE NARRATIVE: 'On 1/28/2016 at approximately 2140 hours, I was dispatched to the report of a traffic collision in the intersection of Northwoods and Hartnell ?mgm Avenue. EXCLFI . a While enroute to the scene, SHASCOM advised that the driver of 'the "agzgf suspect vehicle foot bailed. The driver was later located by Officer FERRIN #144 and arrested by Officer DAY #120 for see their supplemental reports for further information. lnIoOnfy I3 Seconds later, It arrived at the listed location and provided SHASCOM with the plate of the victim vehicle, a white Mitsubishi Eclipse bearing California license 4UDD788. The Mitsubishi was on the sidewalk in the grass of the Parson's school. I provided SHASCOM the license plate of . the black Dodge pickup bearing license 47206Nl, the vehicle was parked facing an eastern direction on Hartnell Avenue. 1 was advised by medics while on scene that the victim was deceased. ROUTING INVEST At that time, 12 positioned my vehicle, blocking westbound traffic on Hartnell and taped. the area with crime scene tape. Moments later, several officers arrived to assist, see their supplemental reports fer further. I Hf- . . I PHOE While on scene, I took several pictures of both vehicles and the scene and later booked the memory card into Redding Police Department Evidence. I completed the for both vehicles for the tow comparnn I observed. several. officers contacting witnesses: see their supplemental reports for the witness statements. Officer SNYDER #145 then arrived on scene and took over the investigation of the incident; see his original report for further. II . CASE STATUS Closed; forward a copy of this report to Officer SNYDER and the Shasta County District Attorney's Office for prosecution. ?7Ei7- OFFICER RANK SERIAL NUMBER APPROVED BY DATE TYPED BY REPORT NUMBER GUIDUCCI, Nolan 126 173:? 715 16?6479 mm r?wu