SUPERIOR COURT OF CALIFORNIA, COUNTY OF‘IFREE‘EECE LE CRIMINAL DIVISION THE PEOPLE 0F THE STATE 0F COMPLAINT — CRIMINMAN -2 P FELONY COMPLAINTuUm COURT IL: = CALIFORNIA, Plaintiff C"? \ Cc“!.L ?URMA i=2? mEs 20900024 SEARCH WARRANT No. VS- COURT CASE GerLee ceum No. u. ' 10 g Anthony Montes AKA Anthony Michael Montes DA m PorgeKue Billy Xiong Da 9‘5 m Defendant(s) Agency: Fresno Police Department Defendant Lee, Birth Date Ger n6 a:aflaowo ' » I ‘ I C \C J Al] gov ' 3% //’}% wO _ I / v 963W) om) J Q6 cram mg Report Number: 19- 46 JID Booking No. 992 7075273 7938997 08/20/1 993 7052899 1938996 07/30/1 994 7059598 1938400 06/1 3/1 Kue, Porge ' Billy Personally appeared before me, who first being duly sworn, complains and alleges: COUNT: On - 20_33 10/21/1 992 Montes, Anthony Xiong, NO FILE 1 November 17, 2019, in the above named judicial district, the crime of MURDER, in violation 0f Penal Code Section 187(a), a Felony, was committed by Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong, who did unlawfully, and with malice aforethought murder Kou Xiong a human or about , being. "NOTICE: Conviction of this offense as a felony saliva sample, right thumbprints, Code is - PC further alleged within the RP full palm will require you to provide two print specimens of blood, a impression of each hand pursuant to Penal section 296." Enhancement It and a meaning 01/02/2020 190.2(a)(3) as MULTIPLE MURDER to count(s) O1 that the offenses of Penal Code charged Section 190.2(a)(3). Page 1 in counts 1 are a special circumstance Enhancement It is — PC 1'90.2(a)(22) "GANG RELATED" MURDER meaning of Penal Code section 190.2(a)(22) as to count(s) 01 that the and the defendant was an active participant in a criminal street gang, as Penal Code section 186.22(f), and the murder was carried out to further the activities of the further alleged within the murder was defined in intentional criminal street gang. Enhancement — PC 12022.53(d) PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, GBI It is further alleged that said defendants Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong personally and intentionally discharged a firearm which proximately caused great bodily injury or death to Kou Xiong within the meaning of Penal Code section 12022.53(d). Enhancement It is - PC 186.22(b)(1) STREET TERRORISM furtheralleged pursuant to Penal offense gang was committed Code for the benefit of, section 186.22(b)(1) as to count(s) 01 that the above at the direction of, or in association with a criminal street with the specific intent to promote, further or assist COUNT: On in criminal conduct by gang members. 2 November 17, 2019, in the above named judicial district, the crime of MURDER, in violation of Penal Code Section 187(a), a Felony, was committed by Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong, who did unlawfully, and with malice aforethought murder Phia Vang a human or about , being. "NOTICE: Conviction of this offense as a felony will require you to provide two specimens of blood, a saliva sample, right thumbprints, and a full palm print impression of each hand pursuant to Penal Code Section 296." Enhancement GBI - PC 12022.53(d) PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, defendants Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong personally and intentionally discharged a firearm which proximately caused great bodily injury or death to Phia Vang within the meaning of Penal Code section 12022.53(d). It is further alleged that said Enhancement It is PC further alleged within the meaning Enhancement RP - — 01/02/2020 PC 190.2(a)(3) as MULTIPLE MURDER to count(s) of Penal 02 that the offenses charged Code 186.22(b)(1) Section 190.2(a)(3). STREET TERRORiSM Page 2 in counts 2 are a special circumstance ' lt is further alleged pursuant to Penal offense gang was committed Code section 186.22(b)(1) as to count(s) 02 that the with the specific intent to promote, further or assist Enhancement — PC above for the benefit of, at the direction of, or in association with a criminal street 190.2(a)(22) in criminal conduct by gang members. "GANG RELATED" MURDER lt is further alleged within the meaning of Penal Code section 190.2(a)(22) as to count(s) 02 that the murder was intentional and the defendant was an active participant in a criminal street gang, as defined in Penal Code section 186.22(f), and the murder was carried out to further the activities of the criminal street gang. COUNT: On 3 November 17, 2019, in the above named judicial district, the crime of MURDER, in Penal Code Section 187(a), a Felony, was committed by Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong, who did unlawfully, and with malice aforethought murder Kalaxang Thao a human being. or about violation of , ”NOTICE: Conviction of this offense as a felony saliva sample, right thumbprints, Code is full palm require you to provide two specimens of blood, a impression of each hand pursuant to Penal print section 296." Enhancement It and a will — PC further alleged within the meaning Enhancement GBI — PC 190.2(a)(3) as MULTIPLE MURDER to count(s) of Penal O3 that the offenses charged Code 12022.53(d) in counts 3 are a special circumstance Section 190.2(a)(3). PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong personally and intentionally discharged a firearm which proximately caused great bodily injury or death to Kalaxang Thao within the meaning of Penal Code section 12022.53(d). It is further alleged that said defendants Enhancement - PC 190.2(a)(22) "GANG RELATED" MURDER It is further alleged within the meaning of Penal Code section 190.2(a)(22) as to count(s) 03 that the murder was intentional and the defendant was an active participant in a criminal street gang, as defined in Penal Code section 186.22(f), and the murder was carried out to further the activities of the criminal street gang. Enhancement It is PC 186.22(b)(1) further alleged pursuant to offense gang RP — was committed STREET TERRORISM Penal Code section 1 86.22(b)(1) as to count(s) 03 that the for the benefit of, at the direction of, or in association with with the specific intent to promote, further or assist 01/02/2020 Page 3 in criminal conduct above a criminal street by gang members. COUNT: 4 On November 17, 2019, in the above named judicial district, the crime of MURDER, in Penal Code Section 187(a), a Felony, was committed by Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong, who did unlawfully, and with malice aforethought murder Xy Lee a human or about violation of , being. "NOTICE: Conviction of this offense as a felony and a saliva sample, right thumbprints, Code section 296." Enhancement - PC It is further alleged within the meaning Enhancement lt is gang of Penal print Code 186.22(b)(1) PC in counts 4 are a special circumstance Section 190.2(a)(3). STREET TERRORISM Code section 186.22(b)(1) as to count(s) 04 for the benefit of, at the direction of, or in association with with the specific intent to promote, further or assist - specimens of blood, a impression of each hand pursuant to Penal O4 that the offenses charged to count(s) was committed Enhancement GBI is PC as palm require you to provide two MULTIPLE MURDER further alleged pursuant to Penal offense It — 190.2(a)(3) full will 12022.53(d) in criminal conduct that the above a criminal street by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, further alleged that said defendants Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong personally and intentionally discharged a firearm which proximately caused great bodily injury or death to Xy Lee within the meaning of Penal Code section 12022.53(d). Enhancement It is — PC 190.2(a)(22) "GANG RELATED" MURDER meaning of Penal Code section 190.2(a)(22) as to count(s) 04 that the and the defendant was an active participant in a criminal street gang, as Penal Code section 186.22(f), and the murder was carried out to further the activities of the further alleged within the murder was defined in intentional criminal street gang. COUNT: On 5 the above named judicial district, the crime of CONSPIRACY TO Penal Code Section 182/1 87(a), a Felony, was committed by Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong, who did unlawfully, and with malice aforethought conspire to murder Seng Cha Vang, Keng Vang, Lue Vang, Chang Vang, Moua Vang, Thong Thao, Lor Vang, Phia Vang, Cher Lee, Xy Lee, Tong Vang, Kou Xiong, Kalaxang Thao, Soua Yang, Nou Vue, and Voua Thao, a human being. or about November COMMIT MURDER, in "NOTICE: Conviction 17, 2019, of this offense as a felony saliva sample, right thumbprints, Code RP in violation of and a full palm will require you to provide two print of blood, impression of each hand pursuantto Penal section 296." 01/02/2020 specimens Page 4 a Overt Act On November 1 2019, at approximately 4:19 a.m., Fresno Police Officers were dispatched to 3094 East Dwight Avenue, apartment 102 in Fresno, California, regarding a shooting and resultant death of Randy Xiong. Randy was a brother to and roommate of known Mongolian Boys Society (MBS) Criminal Street Gang member Deuce. As a result of this shooting a message was sent to the MBS criminal street gang members requiring their mandatory attendance at a pre—arranged meeting 17, locaflon. Overt Act 2 On November Avenue 17, 2019, at approximately 4:00 p.m., MBS gang members began arriving at Fresno, California where retaliation against the Asian Crips Criminal Street the death of Randy Xiong was discussed and planned. Pitt in 5764 East Gang for Overt Act 3 On November ‘STOMPER’) 5764 East Pitt Avenue residence, MBS gang member Ger Le'e (aka the meeting and directed what part each gang member would undertake in their 17, led 2019 at the retaliatory strike against the A.C. criminal street gang. Overt Act 4 On November 2019 at the 5764 East Pitt Avenue residence, Ger Lee directed Johnny Xiong (aka Jhovanny Delgado (aka ‘Jhio’), and Pao Vang (aka ‘Clownsy’) to take up strategic vehicular lookout positions in the vicinity surrounding the intended target area. They were instructed to watch for any law enforcement movement in their prearranged stakeout locations. Ger Lee accompanied Johnny Xiong in the vehicle parked at the intersection of McKinley and Peach Avenues. Jhovanny Delgado was parked in a vehicle located at the intersection of Clovis and Olive Avenues. Pao Vang was in a vehicle parked near the intersection of Olive and Peach Avenues. All locations were within 17, ‘Johnny’), the County of Fresno. Overt Act 5 On November 17, 2019 at the 5764 East Pitt Avenue residence, Ger Lee directed Billy Xiong (aka Anthony Montes (aka ‘Montana’) and Porgue Kue (aka ‘Slick’) to the targeted area where Anthony‘Montes and Porge Kue were to be the primary shooters. ‘B.G.’) to drive residential Overt Act 6 5764 East PittAvenue residence, MBS gang members Anthony Montes and Billy Xiong produced two hand guns which they proceeded to clean and oil prior to the planned retaliatory strike against the A.C. criminal Street Gang. On November 17, 2019 at the Overt Act 7 On November at 2019, prior to 7:45 p.m., Ger Lee accompanied Johnny Xiong in the vehicle parked the intersection of Mckinley and Peach Avenues. Jhovanny Delgado was parked in a vehicle RP 17, 01/02/2020 Page 5 Pao Vang was located at the intersection of Clovis and Olive Avenues. and Peach Avenues. This intersection of Olive Porge Kue were in a separate vehicle Olive and Peach Avenue intersection. occurred while all Billy circulating in the residential All locations were within the in a vehicle parked near the Xiong, Anthony Montes, and neighborhood just northeast of the County of Fresno. Overt Act 8 On November 17, 2019 at approximately 7:48 p.m., shooting victims at 5361 East Avenue intersection. six other Lamona The shooting in Fresno resulted in Fresno Police received a call regarding multiple California, just northeast of the Olive four murders, six surviving gunshot intended targets that escaped serious physical injury. Scene and Peach wound victims, and investigation yielded up to nineteen (19) rounds of expended shell casings. Overt Act 9 On November 17, 2019 shortly after the shooting at 5361 East Lamona in Fresno California, MBS gang member shooting participants returned to the 5764 East Pitt Avenue residence where they were commanded by Get Lee to not discuss the shooting. COUNT: On 6 November 17, 2019, in the above named judicial district, the crime of ATTEMPTED WlLLFUL, DELIBERATE, PREMEDITATED MURDER, in violation of Penal Code Section 664/187(a), a Felony, was committed by Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong, who did unlawfully and with malice aforethought attempt to murder Chang Vang a human being. is further alleged that the aforesaid attempted murder was committed willfully, deliberately and with premeditation within thelmeaning of Penal Code section 664(a) and is a serious felony pursuant to Penal Code section 1192.7(0). or about It , "NOTICE. Conviction of this offense as a felony saliva sample, right thumbprints, Code section 296 Enhancement GB! It is — and a PC 12022.53(d) specimens of blood, a Impression of each hand pursuant to Penal Ger Lee personally and intentionally discharged a firearm death to Chang Vang within the meaning of Penal injury or - PC 186.22(b)(1) STREET TERRORISM further alleged pursuant to Penal Code section 186.22(b)(1) as to count(s) O6 that the above at the direction of, or in association with a criminal street offense was committed for the benefit of, gang with the specific intent to promote, further or RP require you to provide two section 12022.53(d). Enhancement is will print PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, which proximately caused great bodily It palm " further alleged that said defendant Code full 01/02/2020 assist Page 6 in criminal conduct by gang members. Enhancement It is gang STREET TERRORISM 186.22(b)(1) was committed Code section 186.22(b)(1) as to count(s) - PC 06 that the above for the benefit of, at the direction of, or in association with with the specific intent to promote, further or assist Enhancement GBl is PC further alleged pursuant to Penal offense It — 12022.53(d) in criminal conduct a criminal street by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, defendant Anthony Montes personally and intentionally discharged a caused great bodily injury or death to Chang Vang within the meaning further alleged that said firearm which proximately of Penal Code section 12022.53(d). Enhancement - PC 186.22(b)(1) STREET TERRORISM Penal Code section 186.22(b)(1) as to count(s) 06 that the above a criminal street gang with the specific intent to promote, further or assist in criminal conduct by gang members. It is further alleged pursuant to offense was committed Enhancement GBI - PC for the benefit of, at the direction of, or in association with 12022.53(d) PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, It is further alleged that said defendant Porge Kue personally and intentionally discharged a firearm which proximately caused great bodily injury or death to Chang Vang within the meaning of Penal Code se'ction Enhancement GBI 12022.53(d). — PC 12022.53(d) PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, It is further alleged that said defendant which proximately caused great bodily Code is Xiong personally and intentionally discharged a firearm death to Chang Vang within the meaning of Penal section 12022.53(d). Enhancement It Billy injury or - PC 186.22(b)(1) STREET TERRORISM further alleged pursuant to Penal offense was committed gang with the Code section 186.22(b)(1) as to count(s) for the benefit of, at the direction of, or specific intent to promote, further or assist COUNT: in in 06 that the above association with a criminal street criminal conduct by gang members. 7 On or about November 17, 2019, in the above named judicial district, the crime of ATTEMPTED WILLFUL, DELIBERATE, PREMEDITATED MURDER, in violation of Penal Code Section 664/187(a), a Felony, was committed by Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong, who did unlawfully and with malice aforethought attempt to murder Moua Vang a human being. It is further alleged that the aforesaid attempted murder was committed willfully, deliberately and with , RP 01/02/2020 Page 7 premeditation within the meaning of Penal Code section 664(a) and is a serious felony pursuant to Penal Code section 11 92.7(0). "NOTICE: Conviction of this offense as a felony and a saliva sample, right thumbprints, Code full palm will require you to provide two print specimens of blood, a impression of each hand pursuant to Penal section 296." Enhancement GBI - PC PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, 12022.53(d) lt is further alleged that said defendant Ger Lee personally and intentionally discharged a firearm which proximately caused great bodily injury or death to Moua Vang within the meaning of Penal Code section 12022.53(d). Enhancement It is - PC STREET TERRORISM 186.22(b)(1) funher alleged pursuant to Penal Code section 186.22(b)(1) as to count(s) O7 that the above was committed for the benefit of, at the direction of, or in association with a criminal street offense gang with the specific intent to promote, further or assist Enhancement GBI It is — PC 12022.53(d) in criminal conduct by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, defendant Anthony Montes personally and intentionally discharged a caused great bodily injury or death to Moua Vang within the meaning of further alleged that said firearm which proximately Penal Code section 12022.53(d). Enhancement - PC 186.22(b)(1) STREET TERRORISM Penal Code section 186.22(b)(1) as to count(s) O7 that the above offense was committed for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further or assist in criminal conduct by gang members. It is further alleged pursuant to Enhancement GBI - PC 12022.53(d) PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, defendant Porge Kue personally and intentionally discharged a firearm which proximately caused great bodily injury or death to Moua Vang within the meaning of Penal It is further alleged that said Code section 12022.53(d). Enhancement It is PC 186.22(b)(1) STREET TERRORISM further alleged pursuant to Penal offense was committed gang with the Enhancement RP — Code section 186.22(b)(1) as to count(s) specific intent to promote, further or assist — 01/02/2020 PC 07 that the above for the benefit of, at the direction of, or in association with 186.22(b)(1) STREET TERRORISM Page 8 in criminal conduct a criminal street by gang members. It is further alleged pursuant to offense gang was committed Penal Code section 186.22(b)(1) as with the specific intent to promote, further or assist Enhancement GBI - PC to count(s) 07 that the above for the benefit of, at the direction of, or in association with 12022.53(d) in a criminal street by gang members. criminal conduct PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, defendant Xiong personally and intentionally discharged a firearm which proximately caused great bodily injury or death to Moua Vang within the meaning of Penal It is further alleged that said Code Billy section 12022.53(d). COUNT: 8 On or about November 17, 2019, in the above named judicial district, the crime of ATTEMPTED WILLFUL, DELIBERATE, PREMEDITATED MURDER, in violation of Penal Code Section 664/187(a), a Felony, was committed by Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong, who did unlawfully and with malice aforethought attempt to murder Thong Thao a human being. It is further alleged that the aforesaid attempted murder was committed willfully, deliberately and with premeditation within thelmeaning of Penal Code section 664(a) and is a serious felony pursuant to , Penal Code section 1192.7(0). of this offense as a felony will require you to provide two specimens of blood, a saliva sample, right thumbprints, and a full palm print impression of each hand pursuant to Penal "NOTICE: Conviction Code section 296." Enhancement GBI — PC 12022.53(d) PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, lt is further alleged that said defendant Ger Lee personally and intentionally discharged a firearm which proximately caused great bodily injury or death to Thong Thao within the meaning of Penal Code section 12022.53(d). Enhancement It is Enhancement Enhancement GBI Penal Code section 186.22(b)(1) as specific intent to promote, further or assist — PC 186.22(b)(1) was committed gang with the STREET TERRORISM 01/02/2020 PC 08 that the above in criminal conduct Penal Code section 186.22(b)(1) as by gang members. to count(s) 08 that the above for the benefit of, at the direction of, or in association with 12022.53(d) a criminal street STREET TERRORISM specific intent to promote, further or assist — to count(s) for the benefit of, at the direction of, or in association with further alleged pursuant to offense RP 186.22(b)(1) was committed gang with the is PC further alleged pursuant to offense It — in criminal conduct a criminal street by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, Page 9 It is defendant Anthohy Montes personally and intentionally discharged a caused great bodily injury or death to Thong Thao within the meaning of further alleged that said firearm which proximately Penal Code section 12022.53(d). Enhancement It is - PC 186.22(b)(1) STREET TERRORISM further alleged pursuant to Penal offense gang was committed for the benefit Code of, section 186.22(b)(1) as to count(s) 08 that the at the direction of, or in association with with the specific intent to promote, further or assist Enhancement GBI — PC 12022.53(d) in criminal conduct above a criminal street by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, It is further alleged that said defendant Porge Kue personally and intentionally discharged a firearm which proximately caused great bodily injury or death to Thong Thao within the meaning of Penal Code section 12022.53(d). Enhancement — PC 186.22(b)(1) STREET TERRORISM Penal Code section 186.22(b)(1) as to count(s) O8 that the above a criminal street gang with the specific intent t0 promote, further or assist in criminal conduct by gang members. It is further alleged pursuant to offense was committed Enhancement GBI — PC for the benefit of, at the direction of, or in association with 12022.53(d) PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, It is further alleged that said defendant which proximately caused great bodily Code Billy Xiong personally and intentionally discharged a firearm death to Thong Thao within the meaning of Penal injury or section 12022.53(d). COUNT: On 9 November 17, 2019, in the above named judicial district, the crime of ATTEMPTED WILLFUL, DELIBERATE, PREMEDITATED MURDER, in violation of Penal Code Section 664/1 87(a), a Felony, was committed by Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong, who did unlawfully and with malice aforethought attempt to murder Lue Vang a human being. It is further alleged that the aforesaid attempted murder was committed willfully, deliberately and with premeditation within thelmeaning of Penal Code section 664(3) and is a serious felony pursuant to Penal Code section 1192.7(0). or about , "NOTICE: Conviction of this offense as a felony saliva sample, right thumbprints, Code is — PC 12022.53(0) further alleged that said within the RP full palm require you to provide two print specimens of blood, a impression of each hand pursuant to Penal section 296." Enhancement It and a will meaning 01/02/2020 of Penal PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM defendant Ger Lee personally and intentionally discharged a firearm Code section 12022.53(0). Page 10 Enhancement It is gang — PC - PC Enhancement PC section 186.22(b)(1) as to count(s) 09 that the above at the direction of, or in association with a criminal street Code — PC - PC gang with the Porge Kue personally and intentionally discharged a firearm STREET TERRORISM Penal Code section 1 86.22(b)(1) as to count(s) 09 that the above for the benefit of, at the direction of, or in association with 12022.53(c) of Penal in criminal conduct by a criminal street gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM defendant Code 186.22(b)(1) was committed by gang members. section 12022.53(C). Billy Xiong personally and intentionally discharged a firearm section 12022.53(c). STREET TERRORISM further alleged pursuant to Penal offense criminal conduct section 12022.53(c). specific intent to promote, further or assist meaning Enhancement in PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM Code 186.22(b)(1) further alleged that said within the is — of Penal by gang members. defendant Anthony Montes personally and intentionally discharged a 12022.53(C) was committed gang with the It PC criminal conduct above PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM of Penal further alleged pursuant to offense is 12022.53(C) meaning meaning Enhancement It in that the a criminal street Code further alleged that said defendant within the is — 09 STREET TERRORISM for the benefit of, further alleged that said Enhancement It 186.22(b)(1) was committed firearm within the is section 186.22(b)(1) as to count(s) with the specific intent to promote, further or assist Enhancement It Code for the benefit of, at the direction of, or in association with further alleged pursuant to Penal gang is STREET TERRORISM with the specific intent to promote, further or assist offense It 186.22(b)(1) was committed Enhancement is PC further alleged pursuant to Penal offense It — Code section 186.22(b)(1) as to count(s) 09 that the for the benefit of, at the direction of, or in association with specific intent to promote, further or assist COUNT: in criminal conduct by above a criminal street gang members. 1O On or about November 17, 2019, in the above named judicial district, the crime of ATTEMPTED WILLFUL, DELIBERATE, PREMEDITATED MURDER, in violation of Penal Code Section 664/187(a), a Felony, was committed by Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong, who did unlawfully and with malice aforethought attempt to murder Nou Vue a human being. It is further alleged that the aforesaid attempted murder was committed willfully, deliberately and with , RP 01/02/2020 Page 11 premeditation within thelmeaning of Penal Penal Code of this offense as a felony saliva sample, right thumbprints, is and a — PC 186.22(b)(1) a serious felony pursuant to full palm will require you to provide two print specimens of blood, a impression of each hand pursuant to Penal STREET TERRORISM further alleged pursuant to Penal offense gang is section 296." Enhancement lt section 664(a) and section 1192.7(0). "NOTICE: Conviction Code Code was committed Code section 186.22(b)(1) as to count(s) 1O that the for the benefit of, at the direction of, or in association with with the specific intent to promote, further or assist Enhancement GBI - PC 12022.53(d) in criminal conduct above a criminal street by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, lt is further alleged that said defendant Ger Lee personally and intentionally discharged a firearm which proximately caused great bodily injury or death to Nou Vue within the meaning of Penal Code section 12022.53(d). Enhancement It is gang 186.22(b)(1) was committed STREET TERRORISM Code section 186.22(b)(1) as to count(s) 10 that the for the benefit of, at the direction of, or with the specific intent to promote, further or assist Enhancement GBI is PC further alleged pursuant to Penal offense It — — PC 12022.53(d) in in above association with a criminal street criminal conduct by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, Anthony Montes personally and intentionally discharged a caused great bodily injury or death to Nou Vue within the meaning of Penal further alleged that said defendant firearm which proximately Code section 12022.53(d). Enhancement GBI - PC 12022.53(d) PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, defendant Porge Kue personally and intentionally discharged a firearm which proximately caused great bodily injury or death to Nou Vue within the meaning of Penal Code It is further alleged that said section 12022.53(d). Enhancement It is PC 186.22(b)(1) STREET TERRORISM further alleged pursuant to Penal offense gang was committed Code section 186.22(b)(1) as to count(s) 1O that the — 01/02/2020 PC above for the benefit of, at the direction of, or in association with a criminal street with the specific intent to promote, further or assist Enhancement RP - 186.22(b)(1) STREET TERRORISM Page 12 in criminal conduct by gang members. It is further alleged pursuant to Penal Code section 186.22(b)(1) as to count(s) 10 that the was committed for the benefit of, at the direction gang with the specific intent to promote, further or assist offense Enhancement GBI - PC 12022.53(d) of, in or in above association with a criminal street criminal conduct by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF‘A FIREARM, Xiong personally and intentionally discharged a firearm which proximately caused great bodily injury or death to Nou Vue within the meaning of Penal Code It is further alleged that said defendant Billy section 12022.53(d). COUNT: 11 November 17, 2019, in the above named judicial district, the crime of ATTEMPTED WILLFUL, DELIBERATE, PREMEDITATED MURDER, in violation of Penal Code Section 664/187(a), a Felony, was committed by Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong, who did unlawfully and with malice aforethought attempt to murder Voua Thao a human being. is further alleged that the aforesaid attempted murder was committed willfully, deliberately and with premeditation within the meaning of Penal Code section 664(3) and is a serious felony pursuant to Penal Code section 1192.7(0). On or about It , "NOTICE: Conviction of this offense as a felony and a saliva sample, right thumbprints, Code is - PC print specimens of blood, a impression of each hand pursuant to Penal STREET TERRORISM 186.22(b)(1) further alleged pursuant to Penal offense gang palm require you to provide two section 296." Enhancement lt full will was committed Code section 186.22(b)(1) as to count(s) 11 that the for the benefit of, at the direction of, or in association with with the specific intent to promote, further or assist Enhancement GBI - PC 12022.53(d) in criminal conduct above a criminal street by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, It is further alleged that said defendant Ger Lee personally and intentionally discharged a firearm which proximately caused great bodily injury or death to Voua Thao within the meaning of Penal Code section 12022.53(d). Enhancement GBI It is — PC 12022.53(d) PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, defendant Anthony Montes personally and intentionally discharged a caused great bodily injury or death to Voua Thao within the meaning of further alleged that said firearm which proximately Penal Code section 12022.53(d). Enhancement RP — 01/02/2020 PC 186.22(b)(1) STREET TERRORISM Page 13 Penal Code section 186.22(b)(1) as to count(s) 11 that the above a criminal street gang with the specific intent to promote, further or assist in criminal conduct by gang members. It is further alleged pursuant to offense was committed Enhancement It is - PC for the benefit of, at the direction of, or in association with 186.22(b)(1) STREET TERRORISM further alleged pursuant to Penal offense gang was committed Code section 186.22(b)(1) as to count(s) 11 that the with the specific; intent to promote, further or assist Enhancement GBI - PC above for the benefit of, at the direction of, or in association with 12022.53(d) in criminal conduct a criminal street by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, It is further alleged that said defendant Porge Kue personally and intentionally discharged a firearm which proximately caused great bodily injury or death to Voua Thao within the meaning of Penal Code section 12022.53(d). Enhancement GBI - PC 12022.53(d) PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, It is further alleged that said defendant which proximately caused great bodily Code Xiong personally and intentionally discharged a firearm injury or death to Voua Thao within the meaning of Penal Billy section 12022.53(d). Enhancement - PC 186.22(b)(1) STREET TERRORISM Penal Code section 186.22(b)(1) as to count(s) 11 that the above of, or in association with a criminal street gang with the specific intent to promote, further or assist in criminal conduct by gang members. It is further alleged pursuant to offense was committed for the benefit of, at the direction COUNT: On 12 November 17, 2019, in the above named judicial district, the crime of ATTEMPTED WILLFUL, DELIBERATE, PREMEDITATED MURDER, in violation of Penal Code Section 664/1 87(a), a Felony, was committed by Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong, who did unlawfully and with malice aforethought attempt to murder Keng Vang a human being. It is further alleged that the aforesaid attempted murder was committed willfully, deliberately and with premeditation within the meaning of Penal Code section 664(a) and is a serious felony pursuant to Penal Code section 1192.7(c). or about , "NOTICE: Conviction of this offense as a felony saliva sample, right thumbprints, Code full palm require you to provide two print — PC 186.22(b)(1) STREET TERRORISM 01/02/2020 Page 14 Y specimens of blood, a impression of each hand pursuant to Penal section 296." Enhancement RP and a will It is further alleged pursuant to Penal Code section 186.22(b)(1) as to count(s) 12 that the above at the direction of, or in association with a criminal street was committed for the benefit of, gang with the specific intent to promote, further or offense Enhancement It is meaning Enhancement is offense — PC - PC is gang PC section 186.22(b)(1) as to count(s) 12 that the — PC of Penal - PC Enhancement Code PC PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM Code section 12022.53(c). STREET TERRORISM Code for the benefit of, 186.22(b)(1) section 186.22(b)(1) as to count(s) 12 that the above at the direction of, or in association with a criminal street within the meaning in criminal conduct by gang members. STREET TERRORISM Code section 186.22(b)(1) as to count(s) 12 that the for the benefit of, at the direction of, or in association with 12022.53(C) further alleged that said of Penal a criminal street gang members. section 12022.53(c). specific intent to promote, further or assist — criminal conduct by defendant Porge Kue personally and intentionally discharged a firearm 186.22(b)(1) was committed in above defendant Anthony Montes personally and intentionally discharged a of Penal 12022.53(0) was committed gang with the is Code PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM further alleged pursuant to Penal offense It STREET TERRORISM with the specific intent to promote, furthe‘r or assist Enhancement is section 12022.53(c). further alleged pursuant to Penal offense lt meaning meaning Enhancement is Code 12022.53(C) further alleged that said within the It — by gang members. for the benefit of, at the direction of, or in association with further alleged that said Enhancement criminal conduct defendant Ger Lee personally and intentionally discharged a firearm 186.22(b)(1) was committed firearm within the It of Penal in PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM with the specific intent to promote, further or assist Enhancement is 12022.53(C) further alleged pursuant to Penal gang It PC further alleged that said within the It — assist in criminal conduct above a criminal street by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM defendant Code Billy Xiong personally and intentionally discharged a firearm section 12022.53(c). COUNT: 13 On or about November 17, 2019, in the above named judicial district, the crime of ATTEMPTED WILLFUL, DELIBERATE, PREMEDITATED MURDER, in violation of Penal Code Section 664/187(a), a Felony, was committed by Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong, who RP 01/02/2020 Page 15 and with malice aforethought attempt to murder Seng Cha Vang a human being. is further alleged that the aforesaid attempted murder was committed willfully, deliberately and with .premeditation within thelmeaning of Penal Code section 664(a) and is a serious felony pursuant to did unlawfully , It Penal Code section 1192.7(0). "NOTICE: Conviction of this offense as saliva sample, right thumbprints, Code _ is — PC Enhancement gang - PC PC of Penal 186.22(b)(1) — PC Anthony Montes personally and Code 12022.53(0) - PC Code section 186.22(b)(1) as to coimt(s) 13 that the in criminal conduct a criminal street by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM STREET TERRORISM Code section 186.22(b)(1) as to count(s) 13 that the - PC for the 12022.53(C) of, in or meaning - 01/02/2020 PC of Penal above association with a criminal street gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM Code 186.22(b)(1) in criminal conduct by further alleged that said defendant Billy Xiong personally Enhancement RP above defendant Porge Kue personally and intentionally discharged a firearm 186.22(b)(1) was committed within the a meaning of Penal Code section 12022.53(c). Enhancement is intentionally discharged section 12022.53(c). benefit of, at the direction gang with the specific intent to promote, further or assist It gang members. STREET TERRORISM further alleged pursuant to Penal offense criminal conduct by for the benefit of, at the direction of, or in association with further alleged that said Enhancement is — meaning in PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM with the specific intent to promote, further or assist within the It 12022.53(c) was committed Enhancement is discharged a firearm Penal Code section 186.22(b)(1) as to count(s) 13 that the above for the benefit of, at the direction of, or in association with a criminal street further alleged pursuant to Penal offense It intentionally STREET TERRORISM further alleged that said defendant Enhancement is PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM specific intent to promote, further or assist firearm within the It 186.22(b)(1) was committed gang with the is 12022.53(c) further alleged pursuant to offense lt PC Ger Lee personally and meaning of Penal Code section 12022.53(c). Enhancement is - further alleged that said defendant within the It a felony will require you to provide two specimens of blood, a palm print impression of each hand pursuant to Penal full section 296." Enhancement It and a section 12022.53(c). STREET TERRORISM Page 16 and intentionally discharged a firearm It is further alleged pursuant to Penal offense gang was committed Code section 186.22(b)(1) as to count(s) 13 that the for the benefit of, at the direction of, or in association with with the specific intent to promote, further or assist COUNT: in criminal conduct above a criminal street by gang members. 14 November 17, 2019, in the above named judicial district, the crime of ATTEMPTED WILLFUL, DELIBERATE, PREMEDITATED‘ MURDER, in violation of Penal Code Section 664/187(a), a Felony, was committed by Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong, who is did unlawfully and with malice aforethought attempt to murder Tong Vang a human being. further alleged that the aforesaid attempted murder was committed willfully, deliberately and with premeditation within thelmeaning of Penal Code section 664(a) and is a serious felony pursuant to Penal Code section 1192.7(c). On or about It , "NOTICE: Conviction of this offense as a felony saliva sample, right thumbprints, Code is offense is — PC offense 12022.53(c) - PC of blood, a of, section 186.22(b)(1) as to count(s) 14 that the at the direction of, or in association with in criminal conduct above a criminal street by gang members. PERSONAL AND NTENT ONAL DISCHARGE OF A FIREARM defendant Ger Lee personally and intentionally discharged a firearm 12022.53(c) — meaning PC PERSONAL AND NTENT ONAL DISCHARGE OF A FIREARM defendant Anthony Montes personally and intentionally discharged a of Penal 186.22(b)(1) was committed Code section 12022.53(c). STREET‘TERRORISM Code section 186.22(b)(1) as to count(s) 14 that the - PC meaning Enhancement - 01/02/2020 PC above a criminal street gang members. for the benefit of, at the direction of, or in association with 12022.53(0) of Penal Code 186.22(b)(1) in criminal conduct by PERSONAL AND NTENT ONAL DISCHARGE OF A FIREARM further alleged that said defendant within the RP benefit Code with the specific intent to promote, further or assist Enhancement is specimens impression of each hand pursuant to Penal STREET TERRORISM further alleged pursuant to Penal gang It for the further alleged that said Enhancement is require you to provide two meaning of Penal Code section 12022.53(c). firearm within the It 186.22(b)(1) further alleged that said Enhancement is PC was committed within the It will print with the specific intent to promote, further or assist Enhancement It — further alleged pursuant to Penal gang palm full section 296." Enhancement lt and a Porge Kue personally and section 12022.53(c). STREET TERRORISM Page l7 intentionally discharged a firearm It is further alleged pursuant to Penal offense was committed gang with the lt ls for the benefit of, section 186.22(b)(1) as to count(s) 14 that the at the direction specific intent to promote, further or assist Enhancement - PC 12022.53(C) further alleged that said within the Code meaning Enhancement — PC of Penal in above association with a criminal street criminal conduct by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM defendant Code 186.22(b)(1) of, in or Billy Xiong personally and intentionally discharged a firearm section 12022. 53(0). STREET TERRORISM Penal Code section 186.22(b)(1) as to count(s) 14 that the above offense was committed for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further or assist in criminal conduct by gang-members. It is further alleged pursuant to COUNT: 15 On or about November 17, 2019, in the above named judicial district, the crime of ATTEMPTED WILLFUL, DELIBERATE, PREMEDITATED MURDER, in violation of Penal Code Section 664/187(a), a Felony, was committed by Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong, who It is did unlawfully and with malice aforethought attempt to murder Lor Vang a human being. further alleged that the aforesaid attempted murder was committed willfully, deliberately and with premeditation within thelmeaning of Penal Code section 664(a) and is a serious felony pursuant to , Penal Code section 1192.7(0). "NOTICE: Conviction of this offense as a felony will require you to provide two specimens of blood, a and a full palm print impression of each hand pursuant to Penal saliva sample, right thumbprints, Code section 296." Enhancement It is gang was committed — PC meaning Enhancement is STREET TERRORISM Code for the benefit of, 12022.53(C) section 186.22(b)(1) as to count(s) 15 that the above at the direction of, or in association with a criminal street - PC of Penal Code 186.22(b)(1) was committed gang with the Enhancement Ger Lee personally and PC Code 01/02/2020 intentionally discharged é firearm section 186.22(b)(1) as to count(s) 15 that the for the benefit of, at the direction of, or in association with 12022.53(C) in criminal condugt by above a criminal street gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM ‘ RP gang members. STREET TERRORISM specific intent to promote, further or assist - criminal conduct by section 12022.53(c). further alleged pursuant to Penal offense in PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM further alleged that said defendant within the It 186.22(b)(1) with the specific intent to promote, further or assist Enhancement is PC further alleged pursuant to Penal offense It - Page 18 It is further alleged that said firearm within the Enhancement It is - meaning PC defendant Anthony Montes personally and intentionally discharged a of Penal 186.22(b)(1) Code section 12022.53(c). STREET TERRORISM further alleged pursuant to Penal Code section 186.22(b)(1) as to count(s) 15 that the was committed for the benefit of, at the direction gang with the specific intent to promote, further or assist offense Enhancement It is — PC 12022.53(C) further alleged that said within the meaning Enhancement - PC of Penal of, in or in above association with a criminal street criminal conduct by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM defendant Porge Kue personally and intentionally discharged a firearm Code 186.22(b)(1) section 12022.53(c). STREET TERRORISM Penal Code section 186.22(b)(1) as to count(s) 15 that the above offense was committed for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further or assist in criminal conduct by gang members. It is further alleged pursuant to Enhancement It is — PC 12022.53(C) PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM further alleged that said defendant Billy within the meaning of Penal Code Xiong personally and intentionally discharged a firearm section 12022.53(c). COUNT: On 16 November 17, 2019, in the above named judicial district, the crime of ATTEMPTED WILLFUL, DELIBERATE, PREMEDITATED MURDER, in violation of Penal Code Section 664/187(a), a Felony, was committed by Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong, who did unlawfully and with malice aforethought attempt to murder Cher Lee a human being. is further alleged that the aforesaid attempted murder was committed willfully, deliberately and with premeditation within the meaning of Penal Code section 664(3) and is a serious felony pursuant to Penal Code section 1192.7(0). or about It , "NOTICE: Conviction of this offense as a felony saliva sample, right thumbprints, Code is PC 186.22(b)(1) was committed palm print specimens of blood, impression of each hand pursuant to Penal STREET TERRORISM Code section 186.22(b)(1) as to count(s) 16 that the for the benefit of, at the direction of, or in association with with the specific intent to promote, further or assist Enhancement RP — further alleged pursuant to Penal offense gang full require you to provide two section 296." Enhancement I-t and a will — 01/02/2020 PC 12022.53(C) in criminal conduct above a criminal street by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM Page 19 a defendant Ger Lee personally and intentionally discharged a firearm Penal Code section 12022.53(c). within the meaning of It is further alleged that said ‘ Enhancement It is — PC 186.22(b)(1) STREET TERRORISM further alleged pursuant to Penal offense gang was committed section 186.22(b)(1) as to count(s) 16 that the above at the direction of, or in association with a criminal street Code for the benefit of, with the specific intent to promote, further or assist Enhancement - PC 12022.53(c) in criminal conduct by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM defendant Anthony Montes personally and intentionally discharged a firearm within the meaning of Penal Code section 12022.53(c). It is further alleged that said Enhancement — PC 186.22(b)(1) STREET TERRORISM Penal Code section 186.22(b)(1) as to count(s) 16 that the above offense wag committed for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further or assist in criminal conduct by gang members. It is further alleged pursuant to Enhancement It is meaning Enhancement is — PC of Penal PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM defendant Porge Kue personally and intentionally discharged a firearm Code 186.22(b)(1) was committed gang with the Enhancement is 12022.53(c) section 12022.53(c). STREET TERRORISM further alleged pursuant to Penal offense It PC further alleged that said within the It - section 186.22(b)(1) as to count(s) 16 that the above a criminal street specific intent to promote, further or assist ~ PC 12022.53(C) further alleged that said within the Code for the benefit of, at the direction of, or in association with meaning of Penal in criminal conduct by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM defendant Code Billy Xiong personally and intentionally discharged a firearm section 12022.53(c). COUNT: 17 On or about November 17, 2019, in the above named judicial district, the crime of WILLFUL, DELIBERATE, PREMEDITATED MURDER, in violation of Penal Code Section 187(a), a Felony, was committed by Ger Lee, Anthony Montes, Porge Kue, and Billy Xiong, who did unlawfully and with It is further alleged that the malice aforethought attempt to murder Soua Yang a human being. premeditation within with and was committed aforesaid attempted murder willfully, deliberately the meaning of Penal Code section 664(3) and is a serious felony pursuant to Penal Code section , 1 192.7(0). RP 01/02/2020 Page 20 "NOTICE: Conviction of this offense as a felony saliva sample, right thumbprints, Code is offense — PC will require you to provide two print specimens of blood, a impression of each hand pursuant to Penal PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM defendant Ger Lee personally and intentionally discharged a firearm Code 186.22(b)(1) section 12022.53(c). STREET TERRORISM Penal Code section 186.22(b)(1) as — PC — 12022.53(c) in criminal conduct defendant Anthony Montes personally and meaning of Penal Code section 12022.53(c). PC 186.22(b)(1) was committed gang with the Enhancement PC by gang members. intentionally discharged a STREET TERRORISM Code section 186.22(b)(1) as to count(s) 17 that the for the benefit of, at the direction of, or in association with specific intent to promote, further or assist — 17 that the above PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM further alleged pursuant to Penal offense to count(s) for the benefit of, at the direction of, or in association with a criminal street further alleged that said Enhancement is of Penal was committed firearm within the lt palm with the specific intent to promote, further or assist Enhancement is 12022.53(c) further alleged pursuant to gang It PC meaning Enhancement is - further alleged that said within the It full section 296.” Enhancement lt and a 12022.53(c) in criminal conduct above a criminal street by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM r It is further alleged that said within the meaning Enhancement lt is gang — PC Code section 186.22(b)(1) as to count(s) 17 that the for the benefit of, at the direction 186.22(b)(1) was committed Enhancement — PC meaning 01/02/2020 of in or in above association with a criminal street criminal conduct by gang members. Code for the benefit of, 12022.53(0) of, STREET TERRORISM section 186.22(b)(1) as to count(s) 17 that the above at the direction of, or in association with a criminal street specific intent to promote, further or assist farther alleged that said within the RP STREET TERRORISM further alleged pursuant to Penal gang with the is section 12022.53(c). with the specific intent to promote, further or assist offense It 186.22(b)(1) was committed Enhancement is PC Code further alleged pursuant to Penal offense It - of Penal defendant Porge Kue personally and intentionally discharged a firearm in criminal conduct by gang members. PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM defendant Billy Xiong personally and intentionally discharged a firearm Penal Code section 12022.53(c). Page 21 All of which is contrary to the form, force, and effect of the Statute and against the peace and in W Subscribed and sworn to before \ é): DEPUWK RP 01/02/2020 me on ' ’ info S provided, equesting that defense ai ction 1O 3. / QDQQ \‘QJ Attest: made and dignity of the people of the State of California. Pursuant to Penal Code Sections 1054.5(b), the People are hereby counsel provide discovery to the People as required by Penal Code DATE: such case DMJMWT V Page 22 /j