E-FILED 2018 AUG 08 2:44 PM WOODBURY - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY

THE STATE OF IOWA,
Plaintiff,

CRIMINAL NO.

vs.
RAY AVILA,

COMPLAINT and AFFIDAVIT

Defendant.

Count 1
The defendant is accused of the crime of INVOLUNTARY MANSLAUGHTER, a class
D felony, in violation of Iowa Code section 707.5(1)(a). On or about July 29, 2018, in
Woodbury County, Iowa, the defendant unintentionally caused the death of another person (Peter
Johnson) by the commission of a public offense (assault).
Count 2
The defendant is accused of the crime of ASSAULT CAUSING SERIOUS INJURY, a
class D felony, in violation of Iowa Code section 708.2(4). On or about July 29, 2018, in
Woodbury County, Iowa, the defendant assaulted Peter Johnson, causing a serious injury.
THEREFORE, complainant requests the defendant, subject to bail or conditions of
release, (1) be arrested or that other lawful steps be taken to obtain the defendant’s appearance in
court or (2) be detained, if already in custody, pending further proceedings, and that the
defendant otherwise be dealt with according to law.

Complainant
Woodbury County Attorney’s Office

 E-FILED 2018 AUG 08 2:44 PM WOODBURY - CLERK OF DISTRICT COURT

AFFIDAVIT
I, the undersigned complainant, being first duly sworn on oath, depose and state I believe
the above-named defendant committed the above-named public offense based upon the
following facts known by me or told to me by other reliable persons: On Sunday, July 29, 2018,
around 1:56 a.m. (approximately bar closing time on 4th Street), Sioux City Police Officers
encountered Juan Espinoza striking a window of a blue Integra with Iowa license plate # FPU
301 parked on the north side of the 1100 block of 4th Street with an object that appeared to be a
belt. The defendant appeared to be with two other individuals. Juan Espinoza told police he was
the registered owner of the Integra and he was locked out. Officers confirmed Juan Espinoza
was the registered owner of the Integra and left. A tenant (Jeremy Lyons) from apartments
located across the street recorded subsequent events using his phone. Lyons was concerned Juan
Espinoza was breaking into someone else’s car. Juan Espinoza continued to break into his
Integra. Witnesses (Zach Hart, Jacqueline Orellana and Juan Espinoza) and Lyons video
recording portray Peter Johnson running up on Juan Espinoza as Juan was breaking into his
vehicle. Peter Johnson performed a two-legged kick on Juan Espinoza. A brief melee ensued
between Peter Johnson and Juan Espinoza. Peter Johnson can be heard exclaiming he thought
Juan Espinoza was robbing the car in the audio from Lyons’ recording. Peter Johnson and Juan
Espinoza separate from each other. An individual identified as Trevon Pullian walked over to
this scene and started recording with his cell phone. Police also obtained this recording.
Pullian’s recording shows Juan Espinoza walk away from Peter Johnson towards the driver’s
door of his Integra. The defendant is identified as the person walking past Juan Espinoza
towards Peter Johnson. The defendant walks up onto the sidewalk where Peter Johnson is
located and confronts Peter Johnson. The defendant is positioned face-to-face with Peter
Johnson when his left hand punches the right side of Peter Johnson’s face knocking Peter
Johnson backward onto the concrete sidewalk. The defendant walked away from Peter johnson
after knocking him out and fled from the scene. Rosa Meza reported to police she was in a car
travelling south on Court Street after bar closing time when an individual she knew from Sioux
City East High School named Ray approached and told her he “just laid a motherfucker out, I
need a ride”. She did not provide a ride and he continued southbound on Court Street. Juan
Espinoza fled in his Integra with at least one of his companions. At 2:07:47 a.m., shortly after
the defendant knocked Peter Johnson out, Zach Hart called 911 to report this assault and
provided the Integra’s license plate number to the 911 operator. Police and paramedics
responded to the scene. Peter Johnson was transported to Mercy Medical Center where surgery
was performed to attempt to alleviate the bleeding and pressure on his brain. Peter Johnson died
of his injuries. An autopsy was performed on Saturday, August 4, 2018 at the Iowa State
Medical Examiner’s Office in Ankeny, Iowa. Dr. Kruze, who performed the autopsy, stated
Peter Johnson suffered a ring fracture in the base of his skull from impact with the sidewalk after
being knocked down by the punch. Peter Johnson had subdural and subarachnoid hematomas.
Dr. Kruze ruled Peter Johnson’s death a homicide due to blunt force injury to his head. Juan
Espinoza, under oath, identified the person who punched Peter Johnson as Ray Avila from a still
photo taken from Pullian’s video recording. Police officers familiar with the defendant also
identified him from video recordings of this incident. Additional video surveillance recordings
from earlier in the evening confirm Juan Espinoza and the defendant were together. Police have
attempted to locate the defendant without success.

 E-FILED 2018 AUG 08 2:44 PM WOODBURY - CLERK OF DISTRICT COURT

Complainant

SUBSCRIBED and SWORN to before me by the person signing this Complaint and
Affidavit on _______________,
20___.
August 8
18
Lori A. Melville

99964

Commission Number 721774
My Commission Expires
April 4, 2021

Notary Public