No.

____________
THE SUPREME COURT
OF THE STATE OF WASHINGTON
____________________________________________________________
IN RE THE PERSONAL RESTRAINT PETITION OF:
CHARLES WEBER,
PETITIONER.

____________________________________________________________
OPENING BRIEF OF PETITIONER WEBER
____________________________________________________________
MICHAEL C. KAHRS, WSBA #27085
Attorney for Petitioner Weber
5215 Ballard Ave. NW, Ste. 2
Seattle, WA 98107
(206) 264-0643
TABLE OF CONTENTS
I. STATUS OF PETITIONER/PROCEDURAL HISTORY.. . . . 1
II. SUMMARY OF FACTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
A. INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
B. THE OFFICIAL INVESTIGATION. . . . . . . . . . . . . . . . . . 3
C. THE DEFENSE INVESTIGATION. . . . . . . . . . . . . . . . . . 8
D. THE TRIAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
E. POST-TRIAL INVESTIGATION. . . . . . . . . . . . . . . . . . . 15
III. GROUNDS FOR RELIEF. . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
IV. ARGUMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
A. MR. WEBER WILL SHOW HE IS ENTITLED TO RELIEF
BECAUSE OF CONSTITUTIONAL ERRORS RESULTING
IN THE CONVICTION OF AN INNOCENT MAN. . . . 18
B. TRIAL COUNSEL WAS INEFFECTIVE.. . . . . . . . . . . . 19
1. Legal Standard. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2. Trial Counsels Pretrial Investigation Was Ineffective,
Resulting In the Conviction of an Innocent Man
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
3. Trial Counsel Failed To Mount a Reasonable Defense
At Trial, Resulting In the Conviction of an Innocent
Man. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
4. The Numerous Errors Before and During Trial Were
Prejudicial and Cumulatively Denied Weber a Fair
Trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
i
C. NEW EVIDENCE PERMITS THIS COURT TO GRANT
MR. WEBER THE RELIEF HE SEEKS VACATION OF
HIS CRIMINAL CONVICTION. . . . . . . . . . . . . . . . . . . . 27
D. THE PROCEDURAL CLAIM OF ACTUAL INNOCENCE
OPENS THE PROCEDURAL DOOR TO CONSIDER MR.
WEBERS CONSTITUTIONAL CLAIMS.. . . . . . . . . . . 31
E. WEBER IS INNOCENT BECAUSE ANOTHER
COMMITTED THE CRIME FOR WHICH HE WAS
CHARGED AND CONVICTED.. . . . . . . . . . . . . . . . . . . 34
1. The Evidence Establishes Without Question That
Weber Is Innocent As Charged And Convicted. . . 34
2. This Court Has the Authority to Assert It Is In the
Best Interests of the Court System to not Incarcerate
Innocent Individuals.. . . . . . . . . . . . . . . . . . . . . . . 36
3. The Knowing and Continued Incarceration of an
Innocent Citizen Shocks the Conscience. . . . . . . . 38
4. Our State Courts Must Consider Procedural Due
Process and the Prohibition of Cruel and Unusual
Punishment When Examining Freestanding Actual
Innocence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
5. Standard of Review. . . . . . . . . . . . . . . . . . . . . . . . 43
F. WEBER IS ENTITLED TO A REFERENCE HEARING TO
DETERMINE HIS INNOCENCE. . . . . . . . . . . . . . . . . . . 44
V. CONCLUSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
VI. REQUEST FOR RELIEF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
VII. PARTY DECLARATION.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
ii
TABLE OF AUTHORITIES
Federal Cases Page #
Barefoot v. Estelle, 463 U.S. 880 (1983). . . . . . . . . . . . . . . . . . . . . . . . . . 41
Bearden v. Georgia, 372 U.S. 252 (1963). . . . . . . . . . . . . . . . . . . . . . . . . 42
Boulsey v. United States, 523 U.S. 614 (1998). . . . . . . . . . . . . . . . . . 32, 33
Ford v. Wainwright, 477 U.S. 399 (1986). . . . . . . . . . . . . . . . . . . . . . . . . 37
Gideon v. Wainwright, 372 U.S. 335 (1963). . . . . . . . . . . . . . . . . . . . . . . 19
Harris v. Wood, 64 F.3d 1432 (9 Cir. 1995). . . . . . . . . . . . . . . . . . . . . . 27
th
Hart v. Gomez, 174 F.3d 1067 (9 Cir. 1999). . . . . . . . . . . . . . . . . . . . . . 21
th
Herrera v. Collins, 506 U.S. 390 (1993). . . . . . . . . . . . . . . . . 36, 37, 39, 41
Jennings v. Woodford, 290 F.3d 1006 (9 Cir. 2002). . . . . . . . . . . . . . . . 20
th
Jones v. Arkansas, 929 F.2d 375 (8 Cir. 1991). . . . . . . . . . . . . . . . . . . . 32
th
Lord v. Wood, 184 F.3d 1083 (9 Cir. 1999). . . . . . . . . . . . . . . . . . . . . . . 21
th
Medina v. California, 505 U.S. 437 (1992). . . . . . . . . . . . . . . . . . . . . . . . 37
Murray v. Carrier, 477 U.S. 478 (1986). . . . . . . . . . . . . . . . . . . . . . . 32, 36
Phillips v. Woodford, 267 F.3d 966 (9 Cir. 2001). . . . . . . . . . . . . . . . . . 20
th
Pruneyard Shopping Center v. Robins, 447 U.S. 74 (1980). . . . . . . . . . . 40
Rochin v. California, 342 U.S. 165 (1952) . . . . . . . . . . . . . . . . . . . . . 37, 38
Sanders v. Ratelle, 21 F.3d 1446 (9 Cir. 1994). . . . . . . . . . . . . . . . . 20, 21
th
Sawyer v. Whitley, 505 U.S. 333 (1992). . . . . . . . . . . . . . . . . . . . . . . . . . 32
Schlup v. Delo, 513 U.S. 298 (1995). . . . . . . . . . . . . . . . . . . . . . . 32, 37, 45
iii
Smith v. Murray, 477 U.S. 527 (1986).. . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Spence v. Superintendent Great Meadow Corr. Facility,
219 F.3d 162 (2 Cir. 2000). . . . . . . . . . . . . . . . . . . . . . . . . . 32, 33
nd
Strickland v. Washington, 466 U.S. 668 (1984).. . . . . . . . . . . . . . . . . 19, 20
United State v. Makalajunas, 186 F.3d 490 (4 Cir. 1999). . . . . . . . . . . . 33
th
United States v. Russell, 411 U.S. 423 (1973). . . . . . . . . . . . . . . . . . . . . . 39
Williams v. Taylor, 529 U.S. 362 (2000). . . . . . . . . . . . . . . . . . . . . . . . . . 27
Wolff v. McDonnell, 418 U.S. 539 (1974). . . . . . . . . . . . . . . . . . . . . . . . . 38
State Cases
Alderwood Assoc. v. Washington Environmental Council,
96 Wn.2d 230, 635 P.2d 108 (1981). . . . . . . . . . . . . . . . . . . . . . . 40
Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1997). . . . . . . . . . 38
In re Pers. Restraint of Brown, 143 Wn.2d 431, 21 P.3d 687 (2001). . . . 27
In re Pers. Restraint of Carter,
154 Wn. App. 907, 230 P.3d 181 (2010). . . . . . . . . . . . . . . . . 31, 32
In re Pers. Restraint of Cook, 114 Wn.2d 802, 792 P.2d 506 (1990). . . . 18
In re Pers. Restraint of Hews, 99 Wn.2d 80, 660 P.2d 263 (1983). . . . . . 44
In re Pers. Restraint of Hoisington,
99 Wn. App. 423, 993 P.2d 296 (2000). . . . . . . . . . . . . . . . . . . . . 31
In re Pers. Restraint of Pirtle, 136 Wn.2d 467, 965 P.2d 593 (1998). . . . 20
In re Pers. Restraint of Rice, 118 Wn.2d 876, 828 P.2d 1086 (1992). . . . 18
In re Pers. Restraint of Woods,
154 Wn.2d 400, 114 P.3d 607 (2005). . . . . . . . . . . . . . . . . . . . . . 19
iv
Miller v. Comm. of Correc.,
242 Conn. 745, 700 A.2d 1109 (Conn. 1997). . . . . . . . . . . . . . . . 37
Montoya v. Ulibarri, 142 N.M. 89, 163 P.3d 476 (N.M. 2007). . 38, 41, 43
People v. Cole, 1 Misc.3d 531 (Sup. Ct., Kings Cty. NY 2003). . . . . . . . 38
People v. Washington,
171 Ill.2d 475, 655 N.E. 2d 1330 (Ill. 1996). . . . . . . . . . . . . . 37, 39
State ex rel. Amrine v. Roper, 102 S.W.3d 541 (Mo. 2003). . . . . . . . . . . 38
State v. Dodd, 120 Wn.2d 1, 838 P.2d 86 (1992). . . . . . . . . . . . . . . . . . . 42
State v. Duvall, 86 Wn. App. 871, 940 P.2d 671 (1997). . . . . . . . . . . . . . 31
State v. Gunwall, 106 Wn.2d 54, 720 P.2d 808 (1986). . . . . . . . . . . . 41, 42
State v. Livey, 130 Wn.2d 1, 921 P.2d 1035 (1996). . . . . . . . . . . . . . 38-40
State v. Manussier, 129 Wn.2d 652, 921 P.2d 473 (1996). . . . . . . . . . . . 41
State v. Martinez, 121 Wn. App. 21, 86 P.3d 1210 (2004). . . . . . . . . . . . 38
State v. Stenson, 132 Wn.2d 668, 940 P.2d 1239 (1997).. . . . . . . . . . . . . 19
State v. Weber, 127 Wn. App. 879, 112 P.3d 1287 (2005). . . . . . . . . . . . . 1
State v. Weber, 159 Wn.2d 252, 149 P.3d 646 (2006).. . . . . . . . . . . . . . . . 2
State v. Williams, 96 Wn.2d 215, 634 P.2d 868 (1981). . . . . . . . . . . . . . . 27
Summerville v. Warden, State Prison,
229 Conn. 397, 641 A.2d 1356 (1994). . . . . . . . . . . . . . . . . . . . . 41
Statutes and Rules
RAP 16.11(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
RAP 16.12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
v
RAP 16.4(c)(1).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
RCW 10.73.090. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
RCW 10.73.100(1).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Other Authorities
U.S. Const. amend VI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Wash. Const. art. I, 22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
vi
Petitioner, Charles Weber, by and through his attorney, Michael C.
Kahrs, of the Kahrs Law Firm, P.S., applies for relief from personal restraint.
I. STATUS OF PETITIONER/PROCEDURAL HISTORY
Petitioner is currently incarcerated at the Washington State
Penitentiary, located in Walla Walla, Washington.
On June 5, 2003, the King County Prosecutor filed a second amended
information charging Charles Weber with attempted murder in the first
degree, assault in the first degree, unlawful possession of a firearm in the first
degree, and violation of the uniform controlled substances act. CP 34-36.
Weber initially pled guilty to possession of cocaine with intent to deliver.
The jury subsequently found Weber guilty at trial of the lesser included
offense of attempted murder in the second degree, assault in the first degree
and possession of a firearm in the first degree. State v. Weber, 127 Wn. App.
879, 883, 112 P.3d 1287 (2005).
On direct appeal, the Court of Appeals found that the trial courts
vacation of the assault conviction due to double jeopardy issues was incorrect
and instead the second degree attempted murder count should have been
vacated, leaving Weber with the longer sentence. The trial courts denial of
Webers prior juvenile adjudication for sentencing purposes was also
overturned. Subsequently, the Supreme Court affirmed the Court of Appeals,
setting forth the facts as it knew them.
1
In the early morning of March 18, 2003, Weber was at a
friend's apartment with several people drinking beer. Weber
and his friend, Nick Renion, started to argue with Gabriel
Manzo-Vasquez (Manzo). During the argument, Weber
pulled a gun on Manzo. Manzo escaped the apartment by
jumping out of a bedroom window and ran to his vehicle.
Weber followed Manzo outside and fired multiple shots at
Manzo's vehicle. One of the bullets grazed Manzo's side,
causing a slight injury.
When the police investigated the incident, Manzo told them
that a man he knew as Guero Loco shot him. Guero Loco
translates as crazy white guy in English. Manzo provided
the police with a physical description of Weber, including a
description of the distinctive tattoo of "206" on the back of his
neck. Manzo identified Weber in a photo montage with 80
percent certainty and stated that he could be only 80 percent
certain because he could not see the blacked out tattoo. At
trial, Manzo identified Weber as his shooter and confirmed
that he had the correct tattoo.
State v. Weber, 159 Wn.2d 252, 648, 149 P.3d 646 (2006).
Subsequently, Weber filed a pro se Personal Restraint Petition with
the Court of Appeals. There, he raised various issues including insufficient
evidence, failure of appellate counsel to raise ineffective assistance before the
Supreme Court, failure of his trial counsel to interview all pertinent
witnesses, improper jury instruction, and prosecutorial misconduct. He asked
for a reference hearing. The Supreme Court ruled against Webers
arguments. In re PRP of Weber, No. 815790-8 (Sept. 29, 2008).
Weber is filing this PRP based on new evidence showing that his trial
counsel was ineffective and that he is innocent of the charges he was
2
convicted of at trial. Weber is seeking to proceed at public expense because
he is indigent. Counsel for Weber is representing him pro bono. Weber has
filed contemporaneously with this PRP a motion to proceed at public expense
and to have the verbatim report of proceedings previously used by this Court.
II. SUMMARY OF FACTS
A. INTRODUCTION
Charles Weber had no idea that when he sat down that evening of
March 17, 2003, to watch videos with his cousin, that his evil doppleganger
would commit a crime for which Weber would be subsequently arrested and
convicted. Weber presented an alibi defense at trial but was convicted
convicted because the shooter was identified as having a similar nickname
and the same tattoo and even looked somewhat like him. We know now
Weber was wrongfully convicted and it was his doppleganger, nicknamed
Boxer, who did it.
B. THE OFFICIAL INVESTIGATION
The shooting occurred in the early morning of March 18, 2003. After
investigating the scene of the reported shooting, officers from the King
County Sheriffs Office (KCSO) responded to a call from a private security
guard who had met the victim at his apartment house. Exhibit 1 (Report of
Officer Hoyne).
3
The victim talked to the officers not long after the incident. When he
was first interviewed, Gabriel Vazquez Vazquez provided a narrative to the
investigating detective, who wrote it down in his report. Exhibit 2 (Report
of Officer Baxter).
In this initial statement, Vazquez said he was at a party thrown by his
friend Rhonda Encinas. He stated he met three guys whom he had seen once
before. He stated that the three were members of the Barrio Locos gang. He
described two of them as white and one as Mexican. He then named Nick
Renion, Andreas, and the shooter, who had a nickname of Guero Loco. Id.
Vazquez described the shooter as a white male in his 20s,
approximately 5'6" tall, very skinny with a shaved head. He was described
as having a tattoo of 206 on the back of his neck. Id.
Vazquez said the argument started over an alcoholic beverage with
Renion. Renion wanted Vazquez to go outside and fight Renion. When
Vazquez refused, he claimed Guero Loco pulled a semi-automatic pistol and
told him he better go outside or he would be shot. The gun was described as
stainless steel or nickel plated. Vazquez describes pushing the gun down.
Encinas then tried to then intervene. During this time, Vazquez ran into the
bedroom and shut the door. Another male, later identified as Victor Garcia-
Rodriguez, was in the bedroom. Id.
4
Vazquez said he held the door shut and then climbed out the window
onto an awning. He ran to the side and jumped off the awning onto the
ground, running to his truck. Vazquez said all three men followed him down
the stairs. He said Guero Loco fired about 8 shots at him. He felt a sharp
pain in his stomach but kept driving. He then drove home. Id.
Based upon the information provided by Vazquez, a deputy checked
a database for variations on this nickname. Based upon the similarity
between of the nickname as described by Vazquez and a supposed nickname
used by Weber of Vario Loco, combined with the 206 tattoo on the back
of his neck, he was determined to be a person of interest. Exhibit 3 (Report
of Officer McCurdy). A photo montage was then put together.
Later that same day, an officer noticed a car driven by Charles Weber
failing to stop at a stop sign. Exhibit 4 (Report of Officer Litsjo). Because
Weber was identified as a person of interest because of the 206 tattoo and
the alleged nickname of Vario Loco, the office confirmed probable cause
and placed Weber under arrest. Id. Incident to the arrest, the car was
searched. The only items of interest found were two baggies with white
powder. No evidence was found in the car linking Weber to the prior assault
on Vazquez. The vehicle was then sealed and impounded. Id.
5
Weber was then booked into the King County Jail. His booking
photographs show that his hair length was approximately inch. Exhibit 5
(King County Jail Booking Photographs).
Garcia-Rodriguez was interviewed the next day, March 19, 2003,
when Officer Thompkins went to the location of the party. Exhibit 6 (Report
of Officer Thompkins). There, Garcia-Rodriguez told Thompkins that when
he arrived there were some three Russian guys in the apartment. He went
into his bedroom and was at the location of the party with Encinas, Vazquez,
Renion, Guero Loco and an unknown male. He stated that later that evening,
while in bed in his room, there was a disturbance and Vazquez came into the
room and asked him to block the door while he escaped. He said Encinas had
prevented them from coming into the room. He identified an individual at
the party with the Spanish nickname for crazy white guy. Garcia-Rodriguez
stated there was some type of argument about BL, which is the initials of the
gang Barrio Loco. He stated that he did not know the third person who was
present. Garcia-Rodriguez never saw Guero Loco with a gun. He claimed
to see the three men run out the front door after Vazquez jumped out the
window chasing Vazquez. They then decided to get the car and start chasing.
It was supposedly a gray car. Id.
Encinas was then interviewed by Thompkins on the 20th. She
claimed not to know anything about a gun or shots but knew Vazquez had
6
been shot because he had informed her the next day. Not once did this
interview did Thompkins ask Encinas questions about who Andreas was even
though he was the other known witness. She provided an accurate phone
number for Vazquez. Id.
Vazquez was called and then interviewed by Thompkins. Vazquez
was asked to pick out Guero Loco and Renion from two photo montages. He
picked out Renion with certainty. He then selected Webers photo with 80%
certainty that he was the one who shot at him. He stated if he could see
Webers tattoos he could be more sure. Id.
1
Thompkins then interviewed Webers alibi witnesses, Stephanie
Fisher, on May 30, 2003. Fisher told Thompkins that she understood that the
victim identified Weber because he was too afraid to identify the real
shooter. Thompkins deliberately did not explore this reasoning. Id.
Fisher had understood Encinas would testify that Weber wasnt at the
scene and that she wouldnt be needed at trial. Encinas had apparently visited
Weber in jail and told Weber she would come forward and tell the police
Weber wasnt at the scene. Fisher hadnt previously wanted to get involved
because of personal issues. Id.
All tattoos were covered up in the photo montage.
1
7
Thompkins then talked to Fisher and learned about her pending
divorce. He then told her how various crimes such as theft, forgery,
embezzlement and perjury could be used against her in future court
proceedings and that attorneys look for this in custody disputes. Id.
Fisher provided a taped statement, saying that Weber was at her house
that night but he left on two occasions for 30-45 minutes. Thompkins claims
she didnt know what he was doing during that time. She then recalled he left
one of those times after midnight. Id.
The KCSO never checked for fingerprints on the shells. They never
checked for gunpowder residue on Webers clothes or body. No investigation
was conducted at Webers house.
C. THE DEFENSE INVESTIGATION
Subsequent to his arraignment, Weber was assigned an attorney from
the Northwest Defenders Association, Randolph Hall. The first time he met
with him was before a status conference. Exhibit 7 (Declaration of Charles
Weber). At this meeting, Weber told Hall He was innocent. After being told
what the evidence consisted of, Weber pointed out there was no physical
evidence linking him to the crime. Hall told Weber he was looking at a lot
of time and that he should take the plea deal. Weber refused to take the plea
deal because he was innocent. Id.
8
Weber was told that the party was at Encinas apartment. He thought
his counsel told him Nick Renion was there but he states with certainty that
he wasnt told about Andreas. Hall never asked Weber about where Encinas
might be so that he could ask her some questions. Weber was never asked
about where Renion might be located. Weber was never visited by the
defense investigator, Kristen OLeary, while he was in jail. Id.
There were several known witnesses to what happened at the party.
These included Nick Renion, an individual known Andreas, Victor Garcia-
Rodriguez, and Rhonda Encinas. Trial counsel for Mr. Weber interviewed
the victim. Exhibit 8 (Defense Interview of Vazquez). He told the
investigator that he arrived at around 8:00. There were three Russian guys
present when he arrived. They had been there when he had visited
previously. The guy with the gun and four male friends arrived around
midnight while the Russians were still there. Vazquez said he had seen the
guy with the gun and two of his friends before. The shooter identified
himself to Vazquez as Guero Loco. Before midnight, Vazquez had drunk six
beers. Id.
According to Vazquez, Guero Loco was there for half an hour. He
left and came back around 3:00 a.m. In the mean time, Vazquez had drunk
another beer and a half. Besides Guero Loco and Renion, the third person
9
was identified as Encinas cousin Andreas. The Russian guys and a couple
of Guero Locos friends then left. Id.
Vazquez stated the argument started over beer. Guero Loco pulled a
gun and told Vazquez he needed to go outside to show respect to Renion.
Vazquez said Renion told Guero Loco to put the gun away and pushed the
gun aside. At this time, Vazquez then ran into the other room, out the
window, onto the awning, and finally onto the ground. Id.
He further stated that as he was reversing his vehicle, he saw the
shooter put a clip into the gun and shoot toward him. He said there were
street lights but it was almost 5:00 a.m. and the sun was coming up. He
subsequently said that he had explained to the detective that without the
tattoos, he could not identify Guero Loco with certainty. Id.
He interviewed Mr. Webers one known alibi witnesses, his cousin.
The renter of the location where the party and shooting took place, Rhonda
Encinas, was not interviewed. The individual named as part of the
2
altercation, Nick Renion, was not interviewed. Finally, the other witness
known simply as Andreas, was not located, and of course, not interviewed.
There is no evidence that any of the Sheriffs officers who would testify were
interviewed.
Defense counsel was chastised by the Court for not using all available means
2
to interview Encinas.
10
D. THE TRIAL
In opening statements, defense counsel argued that Vazquez had made
up the whole story. Patrol Officer McCurdy testified that Vazquez told him
about Renion, Andreas and Guero Loco. 1VPR 37. He described Guero
3
Loco as around 5'6" tall, weighing about 160 pounds and had numerous
tattoos including a large 206 tattooed on the back of his neck. He also said
he had the nickname of Guero Loco. 1VPR 39. He testified he was
familiar with Spanish and wrote down what he heard. 1VPR 40. When
Vazquez later reviewed his statement, he did not ask that Guero be
changed after taking considerable amount of time reviewing the statement.
1VPR 106.
The next important witness to testify was the victim, Vazquez.
Vazquez testified that he saw three Russians there when he got there. 2VPR
125. They were drinking vodka and he was drinking Miller beer. 2VPR 127.
Victor arrived and went into the bedroom to watch TV. 2VPR 127. Sherry
came and left. 2VPR 127-28. The shooter came with three friends. He was
identified at trial by Vazquez as Weber although he had changed his hair.
There are five days of testimony in this trial. Since the days are not
3
numbered sequentially, each day will be numbered separately. 1VRP shall
refer to testimony on June 17, 2003. 2VRP to testimony on June 18, 2003.
3VRP shall refer to testimony on June 19, 2003. 4VRP shall refer to
testimony on June 25, 2003. 5VRP shall refer to testimony on June 26, 2003.
11
2VPR 128-29. Vazquez testified he had met him before. 2VPR 129-30. He
said to call him Guero Loco or Boxer. 2VPR 131. He had a 206 tattoo.
Id.
He met two other cousins of Encinas. One was Renion, the other he
couldnt remember. 2VPR 133-34. Guero Loco left for about an hour.
2VPR 136.
The fight was about not wishing to go outside and fight Renion; it was
about respect. 2VPR 139-41. Guero Loco pulled a gun and pointed it at
Vazquez. 2VPR 142-43. The gun was brown. 2VPR 144. Vazquez said he
pushed the gun down and Encinas got between the two men. 2VPR 145.
Vazquez testified he ran into the bedroom and closed the door. Id. He asked
Victor to call the police and then jumped out the window. Id. He said he had
drank about 9 beers and he was in the bedroom 5 to 7 minutes. 3VPR 6,
3VPR 8.
Vazquez said he got into his truck. When he was starting to back up,
he saw the shooter coming down the stairs and going to between the street
and the parking lot. 3VPR 14-15. He said Guero Loco pulled a magazine for
the gun from his right-hand pocket in his jacket. 3VPR 15. The shooter was
holding the gun in his left hand. Id. Vazquez said that while he wasnt sure
initially, he was absolutely sure Weber is the individual who shot at him
because of the tattoo. 3VPR 36, 3VPR 38.
12
Detective Alvarez got on the stand and testified how the information
the victim provided was an exact match with Charles Weber. 4VPR 10. He
stated knew of no other individuals in the White Center area with a 206
tattoo on his neck. 4VPR 10. He testified that no weapon was found during
the search of the car. 4VPR 16.
The next major witness was Thompkins. He testified about the
missing witnesses. He said Renion had some criminal liability. 5VPR 61.
However, he had not had a warrant issued for his arrest based upon this
incident. 5VPR 62.
Thompkins testified about his search for Andreas. All he did to
identify or locate Andreas was to look in the computer database for
individuals with that name who were associated with Renion or Weber. He
did not find anyone. 5VPR 62. He also testified he talked with Encinas.
4VPR 82. He stated that she was uncooperative but did provide some
information orally. 4VPR 83. He did say that he talked to her father who
was cooperative. 4VPR 88-89. He did not ask her father about a nephew
named Andreas.
Thompkins also testified about putting together the montage of
photographs for identification by the victim. Using a booking photograph
and a computer system, a montage is built using characteristics similar to the
subject in question. 4VPR 96-97. The necks were blacked out to rule out the
13
tattoo as the identifier. 4VPR 97. He showed the victim the montage that
had been put together. 4VPR 94-95.
Fisher then testified for the Defense. She stated that she was at home
with her baby and her cousin, Weber, watching movies and drinking beer.
5VPR 92-93, 95. She and Weber lived with Webers mother. 5VPR 94. She
was awake the entire night. She was able to place Weber there on that night
because he got arrested the day before her stepfathers funeral, which was
March 19. 5VPR 109.
Fischer testified that Weber left twice. The first time, he went to get
milk for the baby. 5VPR 95-96. He was gone maybe half an hour. The
second time was between midnight and one a.m. to go get beer. 5VPR 96.
It took about ten minutes. Id.
She stated that she had not come forward because she understood that
Encinas, who was at the scene, would provide needed testimony. 5VPR 98.
Fisher also was dealing with a divorce and child custody issues. 5VPR 98-
99. She was afraid because she had been threatened with perjury, which
would affect her custody battle, by Thompkins. 5VPR 99.
Even though an alibi witness was produced, Mr. Weber did not testify
on his own behalf. The State asked for and obtained a warrant for Encinas
as a material witness. Hall, when asked if he had any position on signing the
warrant, stated the following:
14
And I certainly havent been provided with any information
regarding how to contact her myself or I havent been able to
make efforts to determine her availability. So thats the only
thing I would say for the record.
2VPR 3.
E. POST-TRIAL INVESTIGATION
After Weber filed a Petition for Writ of Habeas Corpus, the United
States District Court, Western District of Washington, appointed counsel and
approved funding for an investigator. The investigator, Alwin Farr, looked
for witnesses named in the police reports and at trial.
4
All attempts by Farr to locate the victim failed. Vazquez had supplied
an invalid social security number to the Sheriffs office. Farr was unable to
find him on any of the databases he uses. Inquiries at and/or near his listed
residence failed to produce any leads and no one clearly remembered him.
Exhibit 9 (Declaration of Alwin Farr).
Rhonda Encinas was located because she was scheduled to appear at
a court proceeding. At the court, Farr took a recorded statement. In this
statement, Encinas claimed she was very drunk at the time and could not even
recall shots being fired. She was re-contacted and signed the statement
Weber was unable to provide names of individuals at trial because he was
4
not present at the scene of the crime.
15
reflecting her conversation with Farr. Exhibit 10 (Declaration of Rhonda
Encinas).
The fact that Andreas had told Vazquez he was a cousin to Encinas
was relayed to Weber by Counsel. Based on this information, Weber
identified the missing witness as Andrew Larson. Larson is a cousin of both
Renion and Encinas. Farr then located Larson and interviewed him. Larson
stated that he had been at the party at Encinas apartment that night when
several shots were fired. He was in the kitchen when the shot were fired and
he did not see who fired them. Exhibit 11 (Declaration of Andrew Larson).
Larson was absolutely certain that Weber was not at the party. He had
known Weber since 6th grade. Larson stated that the only person he knew
there, other than Encinas, was his cousin Renion. Id.
When asked why he did not come forward for trial, Larson stated had
not known why Weber had been arrested. Larson thought Weber had been
arrested for the possession of drugs. The first time Larson learned that Weber
had been convicted of attempted murder was when he was contacted by the
investigator. Had he known what Weber had been charged with, he would
have come forward immediately to the proper authorities. Larson was
subsequently asked about an individual known also as Boxer and Guero
Loco. Larson identified him as being at the party when the shots were fired.
Id.
16
Farr then interviewed Fisher. Fisher again reiterated her trial
testimony about Weber being with her most of the evening except for the two
trips. Farr finally attempted to locate the other witness, Garcia-Rodriguez.
All of these attempts failed. Exhibit 9.
After the shooter was identified as Boxer, a witness named Scott
Meth came forward who knew Boxer also as Guero Loco. He described him
as having a bunch of tattoos all over and a bald head. Meth describes that day
as hanging with a group who ended up at Encinas apartment. Boxer was
identified as being there at that time. Manzo was also there at the same time.
Exhibit 12 (Declaration of Scott Meth).
Another missing witness, Brian Strickland, has provided knowledge
that Boxer had a tattoo of 206 on the back of his neck, had a similar
nickname and looked like him. Exhibit 13 (Declaration of Brian Strickland).
III. GROUNDS FOR RELIEF
This petition is filed pursuant to RAP 16.4(c)(1). No other remedies
are available to the Petitioner on the ineffective assistance of counsel issue
presented. Petitioners restraint is unlawful for the following reasons:
1. Weber is actually innocent of the charges he was convicted of.
2. Weber was denied his Sixth Amendment right to effective assistance
of counsel.
17
IV. ARGUMENT
A. MR. WEBER WILL SHOW HE IS ENTITLED TO RELIEF
BECAUSE OF CONSTITUTIONAL ERRORS RESULTING IN
THE CONVICTION OF AN INNOCENT MAN.
Weber must show that, because of his being provided ineffective
assistance of counsel, a constitutional error resulted in actual and substantial
prejudice. In re Pers. Restraint of Cook, 114 Wn.2d 802, 811, 812, 792 P.2d
5
506 (1990). In support of such a claim, evidence must be presented that is
more than speculation, conjecture, or inadmissible hearsay in the form of
affidavits or other evidence. In re Pers. Restraint of Rice, 118 Wn.2d 876,
886, 828 P.2d 1086 (1992). Weber makes this showing, through declarations
and evidence, that he has suffered actual and substantial prejudice because he
was convicted of a crime for which he is innocent.
Although Weber is potentially time barred in accordance with RCW
10.73.090, he will show that he is entitled to a new trial because of his trial
counsel being ineffective. This Court may consider this issue both because
of the new evidence presented and because equitable tolling is permitted
based on a procedural claim of actual innocence. Although this is a
successive PRP, it is not an abuse of the writ because new grounds have been
filed and Weber had previously proceeded pro se.
Non-constitutional errors can also count but are not relevant to this PRP.
5
18
Finally Weber will show that he is entitled to his free-standing claim
of actual innocence. It will be shown that this Court has the power to grant
relief from conviction based on the factually based claim of actual innocence
and that the nature of the relief is dependent on the status of the case below.
B. TRIAL COUNSEL WAS INEFFECTIVE.
1. Legal Standard
Effective assistance of counsel is fundamental and essential to fair
trials. Gideon v. Wainwright, 372 U.S. 335, 344 (1963). Effective
assistance of counsel is guaranteed by both the federal and state
constitutions. In re Pers. Restraint of Woods, 154 Wn.2d 400, 420, 114
P.3d 607 (2005) (citing U.S. Const. amend VI; Wash. Const. art. I, 22). To
prevail on an ineffective assistance of counsel claim, Petitioner must
demonstrate first that the performance of his counsel fell below an objective
standard of reasonableness, and second that there is a reasonable probability
that, but for counsels unprofessional errors, the result of the proceeding
would have been different. Strickland v. Washington, 466 U.S. 668, 694
(1984). Failure to satisfy either prong of the Strickland test removes the need
to consider the other. Id. at 688. See also Woods, 154 Wn.2d at 420-21.
Counsels performance is deficient when it falls below an objective standard
of reasonableness. State v. Stenson, 132 Wn.2d 668, 705, 940 P.2d 1239
(1997). Prejudice occurs when, but for the deficient performance, there is a
19
reasonable probability that the outcome would have differed. In re Pers.
Restraint of Pirtle, 136 Wn.2d 467, 487, 965 P.2d 593 (1998).
There is a strong presumption that counsels conduct falls within the
wide range of reasonable professional assistance, and that [j]udicial
scrutiny of counsels performance must be highly deferential, Strickland,
466 U.S. at 689. However, defense counsel must, at a minimum, conduct
a reasonable investigation enabling him to make informed decisions about
how best to represent his client. Sanders v. Ratelle, 21 F.3d 1446, 1456 (9
th
Cir. 1994) (emphasis in original); see also Jennings v. Woodford, 290 F.3d
1006, 1013 (9 Cir. 2002). A defense attorneys failure to consider alternate
th
defenses constitutes deficient performance when the attorney neither
conduct[s] a reasonable investigation nor ma[kes] a showing of strategic
reasons for failing to do so. Sanders, 21 F.3d at 1456; see also Phillips v.
Woodford, 267 F.3d 966, 980 (9 Cir. 2001). Counsel has a duty to make
th
reasonable investigations or to make a reasonable decision that makes
particular investigations unnecessary. Strickland, 466 U.S. at 691. The
failure to investigate is especially egregious when a defense attorney fails to
consider potentially exculpatory evidence:
A lawyer who fails adequately to investigate, and to introduce
into evidence, information that demonstrates his clients
factual innocence, or that raises sufficient doubts as to that
question to undermine confidence in the verdict, renders
deficient performance.
20
Lord v. Wood, 184 F.3d 1083, 1093 (9 Cir. 1999) (finding defense counsels
th
performance deficient because he failed to interview or call at trial three
witnesses who had told police and investigators that they saw the victim alive
a day after the defendant allegedly killed her); see also Hart v. Gomez, 174
F.3d 1067, 1070 (9 Cir. 1999) (finding defense counsels performance
th
deficient because he failed to review or introduce at trial documents
corroborating defense witnesss testimony); Sanders, 21 F.3d at 1457 (finding
defense counsels performance deficient because he failed to investigate or
introduce at trial evidence implicating his clien's brother). This case falls
directly under Lord, Hart and Sanders.
2. Trial Counsels Pretrial Investigation Was Ineffective,
Resulting In the Conviction of an Innocent Man.
Trial counsel was presented with a conundrum the evidence on first
blush suggested Weber was the culprit. After all, Weber had been identified
by the victim as being at the party, had a similar nickname to the shooter, and
the shooter supposedly had a tattoo of 206 on the back of his neck. And
yet, Weber demanded to go to trial and rejected a proffered plea deal.
Counsel was presented with two different possible scenarios. First, Weber
was innocent as he always claimed and the victim had made a mistake in
identification. Second, Weber was guilty of the crime but refused to accept
the plea. If it was the first, then there must be reasons why Weber was
21
identified. If it was the second, then counsels job is to make the state prove
its case.
Given the facts of the case, the second scenario was completely
unrealistic. Trial counsel was presented with specific identifying features of
the shooter and at first blush, Weber met the description. Trial counsel
attacked Manzos testimony to show inconsistencies in the story by Manzo.
However, other witnesses in the neighborhood testified they heard the
shooting. No evidence was presented of a motive to make up such a story.
There was just too much corroborating evidence that a shooting had taken
place. Under either scenario, trial counsel failed to do his job. If Hall had
taken Weber at his word that he was innocent, he would not have rushed to
trial and instead taken the time to locate missing witnesses and interview
them.
Counsel was aware that Manzo had previously met Weber and
presumably had knowledge of his tattoo at that time. It could simply be a
story of a mistaken identification. After all, a lot of people today have a
tattoo of an area code on their body as a statement of civic price. Just
6
One tattoo website stated the following:
6
Many people take a lot of pride in where they come from: a
particular region, zip code, or area code. Be wary if you tattoo
this youll look silly with the 909 area code on your back
when your 909 area code changes to 951.
22
because the case looked at first blush as difficult, he still had the obligation
to investigate, especially since his client consistently claimed he was
innocent.
Apparently, trial counsel, just like the State, could not locate Encinas
and Renion, although they had opportunities. Counsel failed to seek any
material witness warrants. He did not seek any continuances solely so he
could locate the missing witnesses.
There was also a third known witness at the scene according to
Manzo: Andreas. During the defense interview of Manzo, Andreas was
identified as another cousin of Encinas. What did counsel then do with this
information? Nothing. There is no evidence other family members of
Encinas were interviewed with the purpose of identifying who Andreas was.
Thompkins testified at trial he talked with Encinas father. Trial counsel
could have obtained his contact information from Thompkins.
What about Weber? He knew an Andrew and could have identified
him as Encinas cousin. However, Weber distinctly remembers not talking
with his counsel about Andreas. There was no way he could be identified
without trial counsel brining it to Webers attention.
http://hubpages.com/hub/tattoo-art.
23
The pretrial interview of Vazquez also failed to solicit critical
information that reinforced Webers claim of innocence, and which was not
presented to the jury. First, the shooter was apparently left-handed because
he pulled the gun out with his left hand and loaded the clip with his right. A
gun expert has provided testimony stating that it is most likely the shooter
was left-handed. Exhibit 14 (Declaration of Marty Hayes). Weber is right-
handed. This fact was not challenged at trial because counsel was
unprepared.
Next, Vazquez claimed the shooter had a shaved head when he
initially talked to the police. Weber most certainly was not, as his booking
photos show. Counsel failed to use this information at trial to show a
possible misidentification because counsel was unprepared.
Finally, Manzo testified about the shooter having a second nickname,
Boxer. Weber never had this nickname and many would testify to this. This
information was not solicited during the interview. All of this information
pointed to a different individual being the shooter, information which the
police could use to identify the real shooter.
3. Trial Counsel Failed To Mount a Reasonable Defense At
Trial, Resulting In the Conviction of an Innocent Man.
Trial counsels actions at trial fell below an objective standard of
reasonableness and denied Weber the effective assistance of counsel at trial.
24
There were numerous opportunities for trial counsel to challenge or follow
up on evidence presented by the State. The failure to challenge the evidence
cannot be explained away as a mere strategic decision.
First, trial counsel failed to ask questions exploring the initial
statement made by Vasquez that the shooter was bald. Weber was not bald
at the time of the shooting, as his hair was approximately a half-inch long
when he was arrested the following day. Consequently, further inquiry would
have raised a reasonable doubt regarding the certainty of the victims
identification of Weber as the shooter.
Trial counsel also failed to explore the incongruity of the testimony
that the shooter loaded the clip with right hand and fired the gun with his left.
Expert testimony could have easily established the unlikelihood that a right-
handed person, such as Weber, would fire a gun with his left hand. While not
absolutely conclusive evidence that Weber was not the shooter, exploration
into the likelihood of a shooter using his non-dominant hand would have
supported a reasonable doubt in the mind of the jury. There is no conceivable
strategic rationale for failing to explore this evidence.
Trial counsels failure to inquire further into alternate nicknames for
the shooter fell below an objective standard of reasonableness. At trial,
testimony was revealed that the shooter was also known by the nickname
Boxer. Trial counsel failed to follow up that evidence with testimony from
25
witnesses who knew Weber that would establish that he has never been
known by that nickname. The failure to make inquiries was not strategic, it
was simply a failure of trial counsel to adequately mount a defense in a
murder trial.
Trial counsel failed to explore the commonality of 206 tattoos
among the populace, which increased the likelihood in the jurors minds that
Weber was properly identified by the victim. Shortly after the incident, the
victim stated that he could be sure of the identity of the shooter if he could
have seen the 206 tattoo in the photo montage. Consequently, the victim
seemed placed undue weight on the appearance of the tattoo, ignoring other
distinguishing features. Then, when the victim saw Weber, he noticed the
tattoo and failed to distinguish Weber from the tattoo. Had trial counsel, on
cross-examination, asked Detective Alvarez about the ubiquity of 206
amongst suspected gang members and others in the Seattle metro area, it
would have been clearer to the jury that picking out the tattoo would not
necessarily rule out another person as the shooter. This failure of inquiry
could not have been a reasonable strategic decision because any attempt to
induce doubt regarding the identity of the shooter would have been
preferable.
26
4. The Numerous Errors Before and During Trial Were
Prejudicial and Cumulatively Denied Weber a Fair Trial.
The prejudicial effect of counsels errors must be considered
cumulatively rather than individually. Williams v. Taylor, 529 U.S. 362
(2000); Harris v. Wood, 64 F.3d 1432, 1438-39 (9 Cir. 1995). It is the
th
errors counsel made in pretrial investigation and during trial itself which
determine whether or not he was ineffective. Counsel failed to conduct a
reasonable examination before trial, and he failed to adequately inquire into
numerous subjects that each would have induced a reasonable doubt in the
jury. Based on all of the numerous the errors, Weber is entitled to a new
trial.
C. NEW EVIDENCE PERMITS THIS COURT TO GRANT MR.
WEBER THE RELIEF HE SEEKS VACATION OF HIS
CRIMINAL CONVICTION.
RAP 16.4(c)(3) requires vacation of a conviction when [m]aterial
facts exist which have not been previously presented and heard. Such facts
must meet a five prong test:
that the evidence (1) will probably change the result of the
trial; (2) was discovered since the trial; (3) could not have
been discovered before trial by the exercise of due diligence;
(4) is material; and (5) is not merely cumulative or
impeaching.
In re Pers. Restraint of Brown, 143 Wn.2d 431, 453, 21 P.3d 687 (2001)
(quoting State v. Williams, 96 Wn.2d 215, 222-23, 634 P.2d 868 (1981)).
27
The one year statute of limitations is not applicable for newly discovered
evidence when acting with diligence. RCW 10.73.100(1).
Taking each prong in turn, the first prong requires the new evidence
to probably change the original result. The evidence meets this standard.
Weber had always claimed, but was unable to prove without depending on a
family member, that he was not at the party. It has now been shown, by the
testimony of Larson, that he was not at the scene of the crime. The testimony
of Meth, Strickland, and Larson establishes that an individual, Boxer, looked
so like Weber as to have the same physical features, tattoo, and almost the
same nickname. Testimony of Meth establishes that Boxer was bald at the
time of the party, just like the description Manzo gave in the initial police
report. Testimony by weapons expert Hayes establishes the shooter was most
likely left-handed, unlike Weber who is right-handed. Testimony of Larson
establishes Boxer was at the party at the time of the shooting. All this
evidence is new and was not presented to the trier of fact.
7
The third prong requires it could not have been discovered prior to
trial with the exercise of due diligence. This prong is also met. Both the
This new evidence dovetailed with the old evidence that the shooter was
7
bald at the time, unlike Weber. The evidence supports the prior testimony of
Webers alibi witness, Fisher. Of course, Manzo testified at trial the shooter
had hair. Such mistakes can happen to a witness after seeing a lineup and
then testifying several months later. Lest it be forgotten, Manzo had also met
Weber at least one time prior to the incident.
28
KCSO and the defense were unable to locate the missing witnesses from the
police report. Manzo was not part of the gang database maintained by the
KCSO because they only looked at Weber based upon the nickname and
206 tattoo. Without the ability to obtain information from the new
witnesses, it was impossible to establish with 100% certainty that Weber was
not at the party at Encinas apartment that night.
8
As for diligence, Weber had no investigator before he filed his Writ
of Habeas Corpus in federal court and an attorney and investigator was
appointed. All this information came to light after this point. Weber was
diligent because he was not in the position to find out information for which
he had no leads.
It was only after the missing witness, known previously only as
Andreas, was identified and interviewed, that the picture started to form.
First, it was established that Mr. Weber was not at the party and therefore
innocent of the charges. Once the issue of innocence was established along
with the fact that a shooting occurred, then there was only one real possible
Fisher had testified Weber had left twice during the evening. This could
8
have left the door open in the jurors for him to have committed the crime
and then return back to watching videos even though the shooting took place
after the legal time for selling alcohol had passed. This scenario has now
been completely put to bed as impossible.
29
explanation another person who looked like Weber, with the same
nickname and tattoo, committed the crime.
After further review of the evidence, it was discovered that during
trial, the victim said the shooter referred to himself also as Boxer. Because
Weber has never used this nickname, this information was deemed
potentially critical. Further inquiries into the community developed that a
light skinned Hispanic individual, possibly from California, that was hanging
out in the neighborhood at the same time and at the same parties had a similar
nickname of Guero Loco. However, he also had the nickname of Boxer.
9
Boxer also had many visible tattoos on his neck. This information was
diligently gathered.
Of the fourth prong, of course this new evidence is material. It is not
only material but critical in establishing that another individual, not seen
around White Center since about the time of the shooting, was the actual
shooter and Weber is innocent.
Finally, there is no question the information is not merely
cumulative or impeaching. It is the testimony of the victim which has led
to the discovery of the shooter. Very rarely is a Court provided such
Guero Loco or Heuro Loco are both acceptable forms of the Spanish slang
9
for Crazy White Guy. Wedo Loco is a bastardized form and is not widely
used, if at all.
30
compelling information as to the description of the individual who committed
the crime, information provided through a combination of sources, all
relevant, none cumulative or impeaching of the original testimony. Weber
is entitled to have his conviction vacated both because there is insufficient
evidence for a conviction but also because he is actually innocent of the
charges.
D. THE PROCEDURAL CLAIM OF ACTUAL INNOCENCE OPENS
THE PROCEDURAL DOOR TO CONSIDER MR. WEBERS
CONSTITUTIONAL CLAIMS.
The one-year time bar of RCW 10.73.090 is not jurisdictional, thus
it is subject to equitable tolling. See In re Pers. Restraint of Hoisington, 99
Wn. App. 423, 993 P.2d 296 (2000). Equitable tolling is a remedy that
permits a court to allow an action to proceed when justice requires it, even
though a statutory time period has nominally elapsed. State v. Duvall, 86
Wn. App. 871, 874, 940 P.2d 671 (1997). Historically, equitable tolling has
been applied for bad faith, deception, or false assurances, when the petitioner
has been diligent. Id. at 875. Recently, it has been expanded to include
assertions of absolute innocense. In re Pers. Restraint of Carter, 154 Wn.
App. 907, 230 P.3d 181 (2010) (review granted). Carter challenged his
sentence many years after the initial sentencing. Id. at 912. United State
Supreme Court jurisprudence was acknowledged as permitting a procedural
default to be overcome in cases where a constitutional violation has resulted
31
in the conviction of someone who is innocent. Id. at 917 (citing Murray v.
Carrier, 477 U.S. 478, 495-96 (1986); accord, Schlup v. Delo, 513 U.S. 298
(1995)). To establish this procedural actual innocence claim, a petitioner
must demonstrate that, in light of all the evidence, it is more likely than not
that no reasonable juror would have convicted him. Boulsey v. United
States, 523 U.S. 614, 623 (1998). After considering the factors involved,
including that Carter presented no showing of bad faith, deception or false
assurances, the Court applied the exception, stating
[w]e apply the exception here based on our conclusion,
explained below, that Carter is actually innocent of his
persistent offender status. We emphasize that this exception
applies only in extremely rare instances, as where a petitioner
is actually innocent of his persistent offender status. Justice
requires, however, that we apply the actual innocence
exception in this instance to overcome the one-year statute of
limitation in RCW 10.73.090.
Carter, 154 Wn. App. at 920 (footnote omitted). The Supreme Court has
supplied persuasive authority and has applied the actual innocence exception
to sentencing issues. Sawyer v. Whitley, 505 U.S. 333, 347 (1992) (applied
to the sentencing phase of a capital case). Subsequent courts have applied it
to other sentencing regimes. Jones v. Arkansas, 929 F.2d 375, 380-81 (8
th
Cir. 1991). See also Spence v. Superintendent Great Meadow Corr. Facility,
219 F.3d 162, 165 (2 Cir. 2000). When considering the sentencing
nd
question, the Spence court observed that
32
[w]hen transporting the concept of actual innocence to the
sentencing phase of capital trials, the Supreme Court has
required that the legal error the defendant raises (his
constitutional claim) must have caused an actual error in
determining guilt or eligibility for sentence, by preclud[ing]
the development of true facts [or] result[ing] in the admission
of false ones. In so ruling, the Court has made clear that the
availability of actual innocence exception depends not on the
nature of the penalty the state imposes, but on whether the
constitutional error undermined the accuracy of the guilt or
sentencing determination.
Id. at 171 (quoting Smith v. Murray, 477 U.S. 527, 537-39 (1986)). This
Court can do no less.
10
Weber has alleged the constitutional claim of ineffective assistance
of counsel. Each point of that testimony has been refuted by the actual facts
presented herein. Weber has demonstrate[d] that, in light of all the
evidence, it is more likely than not that no reasonable juror would have
convicted him. Boulsey, 523 U.S. at 623. He was not at the scene and one
who meets the description was. When Manzo was shown a photo lineup just
a couple of days after the incident, he was only 80% sure it was Weber. Now
we know why it wasnt Weber.
Some courts have limited this to only recidivist penalties, such as the three
10
strikes law. United State v. Makalajunas, 186 F.3d 490, 495 (4 Cir. 1999).
th
Even this type of case can be applied here because subsequent to this
conviction, he was convicted of a assault in prison for mutual combat and has
been sentenced to life without parole.
33
E. WEBER IS INNOCENT BECAUSE ANOTHER COMMITTED
THE CRIME FOR WHICH HE WAS CHARGED AND
CONVICTED.
1. The Evidence Establishes Without Question That Weber Is
Innocent As Charged And Convicted.
No physical evidence was ever presented to the jury that Weber was
guilty of the crime for which he was charged. He was convicted by the
testimony of one person only, Manzo. Convictions based upon eyewitness
identifications are known to be flawed. Of the over 230 individuals
exonerated through DNA, over 175 were convicted based upon flawed
eyewitness identification. Innocence Project. This is another of those cases,
11
without the DNA.
Charles Weber was identified as a person of interest because of a
nickname and tattoo. A photo lineup was put together by Det. Alvarez.
When Alvarez then showed the lineup to the victim, Manzo tentatively
identified Weber as possibly being the shooter. Without the tattoo, Manzo
gave an 80% probability Weber was the shooter.
According to Professor Greoffrey Loftus, this identification process
was potentially flawed. Exhibit 15 (Declaration of Geoffrey Loftus). First,
Manzo had apparently met Weber at least once before. He was provided a
http://www.innocenceproject.org/Content/Reevaluating_Lineups_Why_
11
Witnesses_Make_Mistakes_and_How_to_Reduce_the_Chance_of_a_Misi
dentification.php
34
photo lineup without any individuals with a shaved head. Detective
Thompson who administered the photo montage knew Weber was the suspect
which can provide inadvertent information to the victim. Thompson also
failed to provide a sequential lineup procedure which is more accurate.
Information obtained post-incident can affect memory. Here Manzo
had met Weber and had identified him from the montage of individuals with
hair. Having done so, it is likely that the trial identification was affected by
this process. Manzo was also absolutely certain of Webers identify once the
tattoo had been shown. But as evidence shows, there is another with the
same tattoo.
Information provided by the victim both immediately after the
shooting and at trial also rule out Weber as the shooter. First, Manzo had told
the first investigating officer that the shooter was bald. Second, he had told
the jury that the shooter had the nickname of Boxer. Finally, the jury heard
testimony from Manzo establishing that the shooter was most likely left-
handed. None of these facts qualified Weber as a suspect.
After further inquiry, it was established that Andreas (Andrew
Larson), a known witness from the police reports, knew Weber from school
and knew he was not present that night when he was at Encinas apartment.
It subsequently turned out Larson knew Boxer from the neighborhood and
35
has stated under oath Boxer was there that night around the time shots were
fired, even though he did not see the actual confrontation.
More inquiry into the neighborhood revealed that Boxer was bald at
the time of the shooting. It has also been shown that Boxer also had a tattoo
of 206 on the back of his neck. Finally, individuals are willing to testify
that Boxer was the same build, approximate height and of similar appearance
to Weber. Sufficient evidence has been presented to show that Webers alibi
that he spent the night of March 17, 2003, with his cousin at his Moms
trailer, was good. If this Court does not grant the ineffective assistance claim,
then it must consider Webers actual innocence.
2. This Court Has the Authority to Assert It Is In the Best
Interests of the Court System to not Incarcerate Innocent
Individuals.

The United States Supreme Court has assumed, for the sake of
argument, that a demonstration of actual innocence would render an
execution unconstitutional. Herrera v. Collins, 506 U.S. 390 (1993). This
language built on what was held in Murray v. Carrier:
However, in an extraordinary case, where a constitutional
violation has probably resulted in the conviction of one who
is actually innocent, a federal habeas court may grant the writ,
even in the absence of a showing of cause for the procedural
default.
Murray, 477 U.S. at 495. This does not mean there had to be a constitutional
36
violation at trial, only that it would be a constitutional violation to continue
to incarcerate one who is factually innocent.
To prevent abuse of this process,the threshold showing for such an
assumed right would necessarily be extraordinarily high. Herrera, 506 U.S.
at 417. The Courts reasoning appears grounded in due process. Id. at 419
(citing Ford v. Wainwright, 477 U.S. 399, 406 (1986); Rochin v. California,
342 U.S. 165, 172 (1952); Medina v. California, 505 U.S. 437, 445-446
(1992)) (OConnor, J. concurring)). The Herrera Court refused to rule,
because federal habeas courts sit to ensure that individuals are not
imprsoned in violation of the Constitution, not to correct errors of fact.
Herrera, 506 U.S. at 400. The Herrera court then stated that since a state
procedure existed to challenge his confinement (clemency), it would not
consider the matter. Herrera, 506 U.S. at 391-92. It was subsequent to
Herrera that it permitted review with a constitutional violation. Schlup, 513
U.S. 298. Because the federal courts have refused to consider factually
innocent claims without trial court constitutional violations, this Court must
take up the challenge.
Five state high courts have incorporated the substantive claim of
actual innocence into their jurisprudence. See, e.g. People v. Washington,
171 Ill.2d 475, 655 N.E. 2d 1330 (Ill. 1996); Miller v. Comm. of Correc., 242
Conn. 745, 700 A.2d 1109 (Conn. 1997) (denied, eyewitness identification
37
issues); Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1997) (granted,
recanted testimony); State ex rel. Amrine v. Roper, 102 S.W.3d 541, 547-548
(Mo. 2003) (granted, recanted testimony); Montoya v. Ulibarri, 142 N.M. 89,
163 P.3d 476 (N.M. 2007) (denied, recanted testimony conflicted with trial
defense). Other states have had lower courts establish this due process right
including New York. See e.g. People v. Cole, 1 Misc.3d 531 (Sup. Ct., Kings
Cty. NY 2003).
3. The Knowing and Continued Incarceration of an Innocent
Citizen Shocks the Conscience.
As the United States Supreme Court has stated, [t]he touchstone of
due process is protection of the individual against arbitrary action of
government, Wolff v. McDonnell, 418 U.S. 539, 588 (1974). Substantive
due process rights can exist from unconstitutional legislative or executive
acts. The United States Supreme Court has ruled that certain governmental
actions which shock the conscience violate a persons substantive due
process rights. Rochin v. California, 342 U.S. at 172, 174 (conviction based
on evidence obtained by involuntary stomach pumping overturned). Our
courts have agreed with this concept as set forth in Rochin, holding that
outrageous governmental action can violate an individuals substantive due
process rights. See State v. Livey, 130 Wn.2d 1, 921 P.2d 1035 (1996); State
v. Martinez, 121 Wn. App. 21, 86 P.3d 1210 (2004). The Livey court stated
38
that [f]or the police conduct to violate due process, the conduct must shock
the universal sense of fairness. Id. at 19 (citing United States v. Russell, 411
U.S. 423, 432 (1973)).
The Illinois Supreme Court addressed a substantive due process claim
in light of the ruling in Herrera. It said that the Herrera court ruled against
substantive due process because the person is viewed as guilty, he cannot
claim he, an innocent person, was unfairly convicted. Washington, 655
N.E. 2d at 1336. As the Washington court pointed out,
truly persuasive demonstration of innocence would, in
hindsight, undermine the legal construct precluding a
substantive due process analysis. The stronger the claim the
more likely it is that a convicted person is actually innocent
the weaker is the legal construct dictating that the person be
viewed as guilty. A truly persuasive demonstration of
innocence would effectively reduce the idea to legal fiction.
At the point where the construct falls apart, application of
substantive due process principles, as Justice Blackmun
favored, is invited.
Id. (internal quotations omitted). Our courts should so similarly hold
12
because we recognize that government actions can shock the conscience.
In Livey, a governmental informer had an affair with and apparently
convinced the defendant Livey to buy drugs for a friend of his who was an
undercover police officer. Livey, 130 Wn.2d at 5-8. After examining several
Washington cites to two other states besides Texas and Connecticut for this
12
proposition. Id. at 1377 (citing In re Clark, 5 Cal. 4th 750, 21 Cal.Rptr.2d
509, 855 P.2d 729 (1993); Jones v. State, 591 So.2d 911 (Fla.1991)).
39
elements relating to entrapment types of cases, the Livey court examined the
fundamental fairness issue, finding the first such violation in Washington:
Finally, and perhaps most importantly, is whether the
government conduct amounted to criminal activity or other
improper conduct repugnant to a sense of justice. On the
record presented to this court, we find that the government's
conduct was so outrageous that it shocks the universal sense
of justice.

Id. at 26 (citation, quotation removed). To reach this decision, the Court
evaluated the totality of the circumstances to find that the governmental
action in question violated the notion of fairness. Id. at 21. Holding an
innocent man for a crime for which he did not commit also violations the
notion of fairness. Such an action would shock the conscience.
4. Our State Courts Must Consider Procedural Due Process and
the Prohibition of Cruel and Unusual Punishment When
Examining Freestanding Actual Innocence.
The federal constitution is a baseline of individual rights and states
can determine their own constitutions to provide greater rights to the
individual than is provided in the U.S. Constitution. See, e.g., Pruneyard
Shopping Center v. Robins, 447 U.S. 74, 81 (1980). State courts are obliged
to determine the scope of their state constitutions, notwithstanding federal
constitutional law on the same issue. Alderwood Assoc. v. Washington
Environmental Council, 96 Wn.2d 230, 237-38, 635 P.2d 108 (1981). For
this Court to independently interpret a state constitutional right, at least the
40
following six criteria must be examined: (1) the textual language of the state
constitution; (2) differences between the texts of the state and federal
constitutions; (3) constitutional history of the state provision; (4) preexisting
state law; (5) structural differences between the two constitutions; and (6)
matters of particular state and local concern. State v. Gunwall, 106 Wn.2d
54, 58, 61-62, 720 P.2d 808 (1986). This Court has already determined that
13
due process in Washington generally follows the same standard as set forth
in the Fourteenth Amendment. State v. Manussier, 129 Wn.2d 652, 679-80,
921 P.2d 473 (1996).
In Herrera, the U.S. Supreme Court refused to consider the
freestanding actual innocence claim because of federalism concerns. These
concerns particularly affect the sixth prong of the Gunwall analysis. The
New Mexico Supreme Court, in Montoya, directly addressed these concerns
in context with its own state constitution. See Montoya, 163 P.3d at 483
(citing Herrera, 506 U.S. at 399, Summerville v. Warden, State Prison, 229
Conn. 397, 641 A.2d 1356, 1378 (1994)). The Montoya Court made it quite
clear it has a vested state interest in maintaining the integrity of state courts
and that the best place to do this was in state court, not federal court.
Montoya, 163 P.3d at 483 (citing Barefoot v. Estelle, 463 U.S. 880, 887
As noted, this list is not exhaustive but a minimum set of criteria which a
13
court must use when performing this analysis.
41
(1983)). Our courts have a similar interest in maintaining the publics
confidence in our state justice system. Because this interest is so critical, for
this type of claim there is a heightened standard of review in our courts.
The article I, section 14 prohibition against cruel and unusual
punishment is read similarly to the Eighth Amendment under Gunwall. State
v. Dodd, 120 Wn.2d 1, 22, 838 P.2d 86 (1992). However, the same analysis
applies and it must also be read more expansively.
And while the Montoya ruling is first based on due process, it is the
combination of constitutional interests, due process rights and the prohibition
against cruel and unusual punishment that requires actual innocence to be
considered. As the Montoya Court stated:
It cannot be said that the incarceration of an innocent person
advances any goal of punishment, and if a prisoner is actually
innocent of the crime for which he is incarcerated, the
punishment is indeed grossly out of proportion to the severity
of the crime.
Montoya, 163 P.3d at 484.
Combining two constitutional concerns often heightens the calculus
when evaluating the level of review. A classic example is combining due
process and equal protection concerns. See, Bearden v. Georgia, 372 U.S.
252 (1963) (mixed equal protection and due process requires heightened
intermediate level scrutiny). Individually, both follow the standard
constitutional level of review but together, they must be considered with a
42
heightened concern because our court system is concerned with basic fairness
of the legal system. It seems appropriate that the due process and
fundamental fairness of punishment require this Court to permit this issue to
be raised.
Because the federal courts have rejected addressing this issue, the
state courts must and have stepped in. It is time for this Court to follow its
sister courts lead in this area.
5. Standard of Review.
While the various state courts started out with different standards of
proof, the various courts have acknowledged the requirement that any level
of proof must be high to assure finality in the legal system. The Montoya
Courts evaluation of this issue, looking at the courts which have decided this
issue before, held that a petitioner asserting a freestanding claim of
innocence must convince the court by clear and convincing evidence that no
reasonable juror would have convicted him in light of the new evidence.
Montoya, 163 P.3d at 486. This standard was settled upon to strike a
reasonable balance between competing standards.
Under this standard of review, the facts show there was absolutely no
adverse testimony against Weber except for the flawed identification. The
testimony of his cousin Fisher dovetails exactly with the new evidence
presented here. Weber is not guilty because a missing witness now places
43
him elsewhere right before the shooting. Weber is not guilty because
testimony now places another with the exact same description as Weber at the
party at the time the shooting took place. Finally, three facts, on the record
by the victim, establish the shooter had another nickname, Boxer, was bald,
and was apparently left-handed. No jury could have found that Weber was
guilty of this crime, based upon this other evidence.
F. WEBER IS ENTITLED TO A REFERENCE HEARING TO
DETERMINE HIS INNOCENCE.
The Supreme Court provided three options on how the courts evaluate
PRPs:
1. If a petitioner fails to meet the threshold burden of
showing actual prejudice arising from constitutional
error, the petition must be dismissed;
2. If a petitioner makes at least a prima facie showing of
actual prejudice, but the merits of the contentions
cannot be determined solely on the record, the court
should remand the petition for a full hearing on the
merits or for a reference hearing pursuant to RAP
16.11(a) and RAP 16.12; or
3. If the court is convinced a petitioner has proven actual
prejudicial error, the court should grant the Personal
Restraint Petition without remanding the cause for
further hearing.
In re Pers. Restraint of Hews, 99 Wn.2d 80, 88, 660 P.2d 263 (1983).
Because Weber has proven prejudicial error, his PRP should be granted.
44
However, at a minimum, he has made a prima facie showing of actual
prejudice requiring a reference hearing.
Where Courts want to ensure that the facts alleged are true,
warranting relief of one who has been convicted, they turn to evidentiary
hearings. Our court rules for PRPs permit such a hearing. RAP 16.11(a).
This Court is permitted to refer this case to superior court for a determination
on the merits.
This referral for a reference hearing is logical given the rare nature of
the actual innocence exception. This was the resolution the Schlup court
ordered because the trial court could take testimony from the few key
witnesses if such testimony was deemed appropriate. Schlup, 513 U.S. at
332. This Court should do the same.
V. CONCLUSION
For the reasons stated above, Weber was neither provided effective
assistance of counsel nor should he have ever been convicted because he is
innocent of the charges against him.
VI. REQUEST FOR RELIEF
Based upon the foregoing, Petitioner Weber asks this Court to
order a new trial. In the alternative, he asks this Court to order the King
County Superior Court to hold a reference hearing in accordance with
RAP 16.11(a).
45
VII. PARTY DECLARATION
MICHAEL C. KAHRS, attorney for Charles Weber, Petitioner, does
hereby declare under penalty of perjury of the laws of the State of
Washington that the foregoing is true and correct to the best of his ability.
Respectfully submitted this _____ day of April, 2011.
____________________________
MICHAEL KAHRS, WSBA #27085
Attorney for Petitioner
46
EXHIBITS
1 Report of Officer Hoyne
2 Report of Officer McCurdy
3 Second Report of Officer McCurdy
4 Report of Officer Litsjo
5 King County Jail Booking Photographs
6 Report of Officer Thompkins
7 Declaration of Charles Weber
8 Defense interview of Vazquez
9 Declaration of Alwin Farr
10 Declaration of Rhonda Encinas
11 Declaration of Andrew Larson
12 Declaration of Scott Meth
13 Declaration of Brian Strickland
14 Declaration of Marty Hayes
15 Declaration of Geoffrey Loftus
16
47
dd
S
;::II:I:I:::I:':,
...i : : .:: ::1: :.
. .:L L.j .. .. .. : ) .Yi .
Association Type:
VICTIM

------- ..
To:
Victim Statement
King County Sheriff's Office
CaseNbr:
03-082341
DateReportTaken: Time:
3/18/03 9:39
008:
6/22/76
/rhis statement is true and accurate, and was prepared for me, with my assistance by Deputy
McCurdy. He read it to meJ and I agree with what has been written. I will assist in the prosecution of
the case.
Reporting Name:
McCurdy. Patrick S.
ReviewedOate:
Page 2 of 2
KING COUNTY
Name (Last, First, Middle):
MANZO VAZQUEZ. GABRIEL NMI
SHERIFF
Association Type:
VICTIM
King County Sheriffs Office
CaseNbr:
03-082341
DateReportTaken:
03/18/03
last night I went to a party at my friend, Rhonda's apartment in Southpark. I've been to a few parties there
before. I went alone, and we were all drinking there.
While we were at the party, there was a group of three guys there together. leve seen them once before, when
I was at Rhonda's apartment and they came by with some things t h ~ t they had stolen from some cars. They all
are "Barrio locos" gang members. They've all told me that they are "Sl" and they have gang tattoos. Two of the
guys are white, and one is Mexican. I know the two white guys as "Guero Loco" and Nick, and the Mexican as
Andreas. Guero Loco has a tattoo of 11206" on the back of his neck. I: know about their gang membership, and
we've talked about it because I used to gang-bang when I lived in Stockton California. .
later in the party, Nick tried to start a fight with me, but I wouldn't fight him. He said, "Let's go outside!", but I
woudn't. Guero Loco pulled a silver colored semi-auto gun out of his waistband and pointed it at me. He said,
"You'd better go outside. or I'U shoot.you!"
I pushed. the gun down, and Guero loco yelled, "Don't touch the.tuckin' gun, man! Now go outside!n
I said. IINo, because if it was just one on one I'd do it, but it I go outside then the two of you will jump me!n
Guero loco said, "No, all three of us will jump you it you don't go outside!fe
I was afraid that he was going to shoot me, so I turned and ran into the bedroom, and shut the door. They tried
to force the door open and get me, but I held it shut against them. There was someMexican guy in the room that I
don't know, and he saw what was happening.
I. climbed out of the bedroom window, and onto a awning. I ran to the side of the apartment, arid jumped offof
the awning and onto the ground, and then I ran to my truck that was parked in the apartment parking lot.
I jumped into my truck. and it woudn't start. Guero loco and the other:s ran down the apartment steps and
pointed the gun at me. .
. I finally got my truck started, and I backed out of the lot. As I did, Guero Loco started shooting at me. I saw the
first shot come through my windshield, and I feld a sharp pain in my stomach, and thought that I had been shot. I
backed onto the roadway, and then put it into drive and peeled out and drove away home. Guero loco fired about
8 shots at me. .
My truck had a fiat tire, and a broken window, but I kept driving because I was scared.
I drove all of the way home,. and stopped a security guard in my apartment complex. I found two of the bullets
on my front seat, and I gave them to the security guard. He called the police for me. I sawthat I had only been
grazed by one of the bullets on my stomach, and I 'didn't need to go to the hospital. .
When the police officers came,l showed them my stomach, and my truck, and they took lots of pictures. I first
t o l ~ them that it happened in my apartr:nent parking lot, because I was afraid that if these guys were arrested that
they would try to find me and kill me. When they told me that they knewwhat had happened, though, I told the
truth because Jdidn't want to get into trouble. I signed a medical release form and a "consent to search" form for
Deputy McCurdy so that detectives. could search my truck. I don't think that I will be going to the hospital, because
this is just a scratch.
I agreed to let Deputy McCurdy impound my truck for the detectives.
Deputy. McCurdy drove me back to the apartment and 1showed him where I was, and told him what happened.
. I saw the shell casings still on the ground as the officers taok pictures of them. I helped Deputy McCurdy to
prepare this statement later at the police station.
This statement is true and accurate, and was prepared for me, with my assistance by Deputy McCurdy. He
read it to me, and I agree with what has been written. I will assist in the prosecution of the case.
Reporting Officers Name:
McCurdy, Patrick S.
ReviewedDate:
Page 1 of 1

KING COUNTY
DO NOT DISCLOSEI: D IHrillFF
DomesticViolence: D
MO
INCIDENT ~
SUPPLEMENTAL
REPORT
03082341 Page 3
103-E-1 . District: K-7
Suspect Trademarks: GANGMEMBER(S) FIRED SEVERAL ROUNDS INTO AN OCCUPIED CAR AFTER A DISPUTE
Instrument: SEMI-AUTO HANDGUN
Entry Point: NIA
Entry Method: N/A
PremisesType
PARKING LOT OF A DUPLEX, PUBLIC ROADWAY
I
Locked IOccupied "rotal Property Cost:
o D $0.00
D Aid Req ~ Weapons ~ Injury ~ Alcohol 0 Computer DOom Viol . 0 Drug D Juvenile ~ Gang
Narrative:
I am a Deputy for the King County Sheriffs Office, assigned to uniformed patrol in a marked patrol car.
On 03/18/2003, I was working in the early hours of the morning, when a person called 9-1-1 in the southpark area
(around S 114th and Des Moines Memorial Rd S) to report a shooting that they had just witnessed. I did not go initially, but
I heard the radio broadcast, arid heard the dispatcher say that a dark colored Blazer was involved, and it drove away
Southbound on Des Moines Memorial Dr. S. .
Deputy Baxter went to the scene of the shooting in Southpark. A short time later, I heard as several Seatac patrol units
were dispatched to contact the victim of the shooting at the "Olympic ViewApartments" in Seatac.
At the request of Deputy Baxter, I went to the "Olympic View" to assist with the investigation.
When I arrived, Deputies Underwood, Hoyne and Dimmitt were speaking with MGabriel Manzo Vazquez.
Deputy Hoyne gave me two expended bullets, and a fragment-of a third. One of the bullets (Evidence item #PSM-1)
was completely intact. The other bullet had fragmented (item #'s PSM-2), but did not appear to be the round that the
fragmented piece (item # PSM-3) came off of. Deputy Hoyne told me that when he arrived in the complex, the complex
security guard gave him the bullets and said that Manzo Vazquez had given them to him, and that Deputy Underwood
found the bullet fragment in the rear seat of the victim's car that was parked in the apartment parking lot. Deputy Hoyne
.said that Manzo Vazquez told him that he found the two bullets in his front seat.
I looked at Manzo Vazquez's car while I was there. It was a dark blue "Iowrider" style Chevy Blazer, that matched the
description given during the initial broadcast. The Blazer had several unmistakable bullet holes in it. One bullet hole was
in the front windshield, directly in front of the driver's seat. Three more were on the right rear quarter panel of the truck.
The right rear window was broken, and I could easily see where one bullet had grazed the rear window post. Both rear
tires were also flat, and the right rear tire appeared to have a puncture in the sidewall, possibly from another bullet.
I spoke with Manzo Vasquez, and he told me briefly what had happened earlier. He was intoxicated, but not drunk. He
was very lucid, and though English is his second language (Spanish is his primary language), we had absolutely no
problems understanding each other. He said that he had been drinking with several people at a party in Southpark in an
apartment over a laundromat. I immediately recognized the apartment that he was describing. I am very familiar with it
because of numerous gang-related complaints and parties that I have been to there in the last several months.
Manzo Vazquez said that he got into an argument with a white gang member at the party who claims hispanic gang
membership in the ''VL'' "Varrio Locos" gang, centered in the White Center area. The "VL" is also often referred to as the
''Vato Locos", or "Barrio Locos", or "Sur 13" or any combination thereof. Manzo said that everyone called the man "Nick".
He told me that "Nick" challenged him to go outside and fight him, but he wouldn't. When he refused, Nick's friend that
was with him pulled a nickel or silver colored, semi-automatic, handgun out of his waistband and pointed it at him.
Manzo Vasquez knew the man (Nick's Associate) only by his moniker, "Guero Loco", which essentially means "Crazy
White Guy" in Spanish. Manzo Vazquez also told me that "Guero Loco" has a tattoo of "206" on the back of his neck,
which refers to gang affiliation in the Seattle area (the '206' area code). Manzo Vasquez met 'Guero Loco' once before, at
the same apartment when 'Guero Loco' came by with some things that he had stolen that night during car prowls.
Manzo Vazquez said that when the suspect pointed the gun at him, that he tried to push it down, and the suspect yelled,
"Don't touch the fuckin' gun, man!" He then said, ''You'd better fuckin' go outside and fight him, or I'll shoot you!"
Manzo said that he refused, and said, "No. If it was just one on one I would, but if I go out there, the two of you guys are
going to jump me!"
A third suspect that Manzo Vazquez knows as "Andreas" also stood up and said, "No. Three of us are going to jump
you! Now go outside!"
Manzo turned and ran into the back bedroom, and shut the door. He said that he had to hold it shut against the three
suspects who were trying to force it open.
Manzo said that he jumped out of the bedroom window onto an awning, and then jumped from the awning onto the
ground, where he ran to his car parked in the apartment parking lot.
Manzo said that as he tried to start his car, 'Guero Loco' came running down the stairs into the parking lot. As Manzo
backed out of the lot and onto the street, the suspect began firing several (about 8 or so) rounds at him. The first round
l<ING COUNTY
, ~ .
DO NOT DISCLOSEI: 0 5H.
DomesticViolence: D
IFF
INCIDENT
SUPPLEMENTAL
REPORT
03082341
103E1
Page 4
District: K-7
fired came through the windshield towards Manzo.
Manzo said that as he backed up, and then drove away Southbound, past the scene, that the suspect continued firing
rounds at him. He told me that he felt a sharp pain in his abdomen, and thought that he had been shot. He drove all of the
way to his home in Seatac, where he saw a uniformed security guard, and thinking that he was a police officer, flagged him
down and told him what had happened.
I looked at Manzo's abdomen, and I could clearly see a fresh abrasion that ap'peared to be from a bullet grazing him.
There was no puncture wound, and Manzo did not require medical attention. Though he said that he would not be likely to
go to the hospital, I had Manzo sign a "Medical Information release waiver", which I later submitted with the case report.
I also had Manzo sign a "Consent to Search" form for his vehicle, which I also submitted with the case report.
As I spoke with him, the Seatac Officers took photos of Manzo and his truck and gave the roll of film to me. I submitted
the film" for processing later that morning.
I recognized the suspect "Nick" that Manzo described to me as "Nicholas Renion", a well known White Center "Vl
lI
gang member. I know Renion well because he was the first person that I arrested as a King County Deputy, several years
ago when he was only 13 years old. Renion is also the suspect of a Robbery with a handgun of a transient in White Center
that I investigated a few weeks ago. I have had a photo montage of Renion in my patrol car since the robbery because I
have been trying to find the Robbery victim again to identify Renion.
I took the photo montage from my car, and read the montage instructions to Manzo,' which he said he understood. I
showed him the montage, and he picked Renion's photo as the suspect who had started the fight immediately without
hesitation. He signed the Montage instructions, and the photographic montage. i also submitted those later with the case
file. "
I sealed and taped the truck for evidentiary processing by the King County Major Crimes Unit later, and requested a tow
truck for an impound to "covered storage" to preserve any evidence that was still inside. Before I sealed the driver's-side
door, I left the car keys on the front drivers-side seat.
I brought Manzo with me to the crime scene where the shooting had occurred, and met Deputy Baxter there. At the
scene, I saw eight shell casing that had been ejected from a handgun lying on the ground of the parking lot, and on a
sidewalk in front of the laundromat. I also found what appeared to be a bullet hole in a window across the street, but I
could not find the round inside when the people working let me come in to look for it.
I took a written victim statement from Manzo, which he read and signed, and then submitted all items at the King County
Sheriff's Office Precinct 4.
No further information is available at this time.
dditional Attachments/Reports Associated with this Incident/Follow-up Report:
A-102 Master Evidence Report Tuesday 03/18/03 Active
photographic line-up Tuesday 03/18/03 Active
h/w photographic line-up form Tuesday 03/18/03 Active
Signed Printed Victim Statement Tuesday 03/18/03 Active
h/w Consent to Search form Tuesday 03/18/03 Active
h1w medical release form Tuesday 03/18/03 Active
Continuation/Statement/OR Tuesday 03/18/03 Active
h/w vehicle impoun Tuesday 03/18/03 Active
Certification
I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.
Date and Place: Signature/Agency: _
END OF REPORT
And: DOW Time:
03/18/03 Tue 2:59
po NOT QJSCLOSEI:
0
DomesticVlOlence:
0

Reported: DOW Time:

03/18/03 Tue 2:59
,
Oce Between: DOW Time:
03/18/03 Tue 2:59
SH IFF
KING COUNTY
Incident Type:
ASSAULT,HANDGUN
INCIDENT REPOI\.*")
InitialFCR
103-E-0
THE SOAP BOX
03..()82341
103-E-Q
Court
Page 1
District: K-7
Juvenile
o
Incident location: City:
11445 DES MOINES MEM DR S SEATTLE
State: Zip
WA 98168
SUSPECTS/ARRESTED PERSONS SECTION
Set Clothing
BLACK T SHIRT WITH WHITE
LETTERS READING
"PLAYERS" AND BLACK PANTS
DOB
Scars, Marks & Tatoos
"206" ON BACK OF NECK,
VARIOUS TATTOOS ON HANDS
Sex
M
Association: last, First Middle Interpreter jBooked, Citation # Co-Defendant #
SUSPECT UNKNOWN (ASSAULT, HANDGUN), Needed 0 I. 0 1
------''--------r';:;;;:---,-::Zi;:-p--'-- -'---C=:Ph:-o-ne---:-:CNu-m-:b-e-rs--':-----I
Set
AFIS#:
Phone Numbers:
Home 2061243-6380
SSN
Gang
MI
OLN ST SSN
MANZOG*243L2 WA 611-26-7121
OLN
First Name
Employer
Employer
last, First Middle
MANZO VAZQUEZ, GABRIEL NMI
dditional Alias': last Name
UEROLOCO
VICTIMS, WITNESSES AND OTHER PERSONS SECTION
HEAVILY TATTOOED ARMS
Occupation
CONSTRUCTION
Occupation
Association:
dditional Alias': last Name First Name MI Moniker
Bueno Suerte
REVIEW
DateSubmitted:
03/18103
Reporting Officer:
07259 Baxter, Garrett G.
Disposition:
INCIDENT REPORT ON SCENE - NO ARREST/NO BOOKING
DateTimeReviewed:
3/18/200314:23
ReviewedBy:
04403 Corey, James R.
CIDScreener:
04403 Corey, James R.
DateAssigned
03/18/03
InvestigatorAssigned
02827 Tompkins, Scott
Date Status last Changed:
03/18/03 2:23:20 PM
o Aid Req Weapons 0 Injury 0 Alcohol 0 Computer 0 Dam Viol o Drug 0 Juvenile Gang
Printed by: Tompkins, Scott A On: Wednesday 03/19/03 10:09
INCIDENT REPORT 96-34(
1047991360
KING COUNTY
0 filFF
DomesticViolence: 0
INCIDENT
03-082341
103-E-O
Page 2
District: K-7
Association:
Occupation
ADMINISTRATOR
Last, First M"lddle
MARTINI, JENNIFERLEIGH
OLN
MARTlJL28808
Gang
ST SSN
WA
Phone Numbers:
Home 2061241-8333
Set
AFIS#:
PROPERTY SECTION
Status 'cle
EVIDENCE SHELL CASINGS
Qty Unit of Meas: Description
8 EACH SHELL CASINGS
MO
Brand Model Serial #
Value
Suspect Trademarks: SHOT AT VICTIM WITH A HANDGUN
Instrument: HANDGUN
Entry Point: N/A
Entry Method: N/A
. PremisesType
PARKING LOT
o Aid Req Weapons 0 Injury 0 Alcohol 0 Computer
Narrative:
I
Locked IOccupied rTotal Property Cost:
o 0 $0.00
o Dom Viol 0 Drug 0 Juvenile Gang
On 03/18/03 at apprx. 0259 hrs. I was dispatched to the area of 11233 Des Moines Mem Dr. S. on a report of gunshots
being fired with a dark colored SUV associated with it. The RIP had reported that she sawthe SWpull stop in front of
either the Samoan Community Center or the laundry mat at S 116 St. and Des Moines. The initial report stated that the
SUVhad left the scene South bound on Des Moines followedbya lighfcolored sedan. .
Upon arrival myself and several other units searched the area in an attempt to locate the vehicles but we found could not
find them. I then went to the area of the shooting and began searching far evidence. At 11417 Des Moines Mem Dr. S.,
the Samoan Community Center I found a window on the East side of the building with a hole in it that appeared consistent
with a bullet hole. I could not find any other evidence of a shooting at that location. I photographed the hole and submitted
the film for processing.
I then went to RIP Martini's location. She stated that at apprx. 0300 hrs. she was on her fourth floor balcony which faces
South and has a view of Des Moines Mem Or. S. She said that a dark colored SUV was driving South on Des Moines
Mem Dr. S. and stopped in the road near the Samoan Community Center. She stated that she thinks that she sawthe
front passenger window roJldown but was not sure. She said that she then heard four gunshots, a pause and then four
more gunshots. She stated the vehicle remained there for a fewmore seconds and tlien drove South on Des Moines. She
said that the vehicle pulled away casually. She stated that shortly after that she observed a light colored four door sedan
pullout of that same general area and drive South on Des Moines.
Martini provided a statement.
While I was at the scene the SeaTac units got a call from V Manzo Vazquez. Deputy Underwood responded there. Manzo
Vazquez reported that he had been shot at in his Blue SW. The vehicle had four apparent gunshot holes. Manzo
r iVazquez initially stated that the shooting had occurred at his apartment complex in SeaTac. He later admitted that it had
occurred at 11445 Des Moines. He stated that he lied because he was afraid of retaliation from the suspects. Deputy
McCurdy responded to that location to assist.
DO NOT D1SCLOSEI: 0
DomesticViolence: 0
INCIDENT REP( . ~
03-082341
103-E-G
Page 3
District: K-7
Deputy McCurdy sealed off the vehicle and it was towed by airport towing. Deputy Underwood followed the towto the
storage area. See their respective officer reports for further.
1later talked to Manzo Vazquez and he told me that he was at his friend Rhonda's apartment at 11445 Des Moines drinking
with her and some of her friends. He stated that Nick Renion and S1 was there. He stated that he only knew S1 by a
nickname "Guero Loco". He said that he was a White male in his 20's apprx. 5'6" tall and very skinny with a shaved head.
He said that he was wearing a Black T Shirt with the word "Players" in white letters and Black pants. He stated that he got
into an argument with Nick over a alcoholic beverage. He said that Nick wanted him to go outside. He stated that he
refused to go outside with him because he did not want to fight him. He said that S1 then pulled out a large stainless steel
. or nickel plated semi-automatic pistol and told him that he better go outside or he would shoot him. He said that Rhonda
tried to convince them to stop but they would not. He said that he then went into Rhonda's bedroom and jumped out of the
windowonto the roof that covered the entrance to the laundry mat down stairs. He said he then jumped to the ground and
got into his vehicle. He stated that S1 then came outside with the gun and began shooting at him as he backed of of the
parking lot on the South side of the bUilding. He said that he kept driving backwards on Des Moines and stopped a little
ways down the street. He said that he then drove forward and went South on Des Moines and drove home as fast as he
could. He stated that one of the bullets grazed his stomach. I took a photograph of the injury.
Deputy McCurdy took a statement from Manzo Vazquez. See his Officer's Report.
I checked the scene around that location. I found four shell casings on the ground on the South side of the building and.
four shell casings in front of the laundry mat. I photographed them and then collected them as evidence. They were
logged into Precinct 4 evidence.
Deputy McCurdy and I tried to make contact at Rhonda's apartment but we received no answer.
This case will be forwarded to the detectives for further follow u .
dditional Attachments/Reports Associated with this Incident/Follow-up Report:
"., A-102 Master Evidence Report Tuesday 03/18/03 Active
"'
Continuation/Statement/OR Tuesday 03/18/03 Active
certification
I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.
Date and Place: Signature/Agency:. _
END OF REPORT
-.
. ~
M!
INCIDENT
03-082341 Page 1
DO NOT DISCLOSEI:
0
SUPPLEMENTAL
DomesticViolence:
0
REPORT
103-E-1 District: K-7
Reported: DOW Time: Incident Type:
IlnitialFCR
Court
I ~ v e n i l e
03/18/03 Tue 3:00 ASSAULT, HANDGUN 103-E-o
Oce Between: DOW Time: And:
IDOW
Time:
ILocationName:
03/18/03 Tue 2:59 03/18/03 Tue 2:59
THE SOAP BOX
Incident Location: City:
IState: IZip
11445 DES MOINES MEM DR S SEATTLE WA 98168
SUSPECTS/ARRESTED PERSONS SECTION
Association: I Last, First Middle I:nterpreter IBooked/ Citation # Ico-Defendant #
SUSPECT ,ANDREAS
Needed 0, 0
I
Address
ICity
I:A IZi
P
Phone Numbers:
Sex IRace
I
I;
IHeight Iweight IHair IGlass' IEyes
IFacial Hair
M W 5' 10" 180 BlK BRO GOATEE
Scars, Marks & Tatoos
IClothing
Gang Set
Occupation Employer
10lN
ST
\SSN
AFIS#:
Association: Ilast, First Middle I:nterpreter IBooked/ Citation # ro-Defendant #
SUSPECT RENION, NICHOLAS VALENTION
Needed 0
1
0
Address
ICity 1ST IZip
Phone Numbers:
104171 S SEATTLE WA 98168
Home 206/246-0524
Sex IRace
IDOB
I
IHeight Iweight IHair IGlass' IEyes
IFacial Hair
M W 03/12179 5' 9" 150 BRO BRO GOATEE
Scars, Marks & Tatoos
IClothing
Gang Set
TATTOO'S PRAYER HANDS WITH SUR 13 VATOlOCOS
"THUGS PRAY TOO" ON LEFT AKA:VARRIO
SHOULDER, "CASPER ON LOWER lOCOS AKA:
FOREARM BARRIO
LOCOS
Occupation Employer
10lN
ST ISSN
AFIS#:
WASHING HOUSES SOSEACC RENIONV213DK WA 538-13-0835
f,dditional Alias': last Name First Name MI Moniker
Casper
RENION, BENJAMIN J.
REVIEW
DateSubmitted: Reporting Officer: Disposition:
03/18/03 03267 McCurdy, Patrick S. INCIDENT REPORT ON SCENE - NO ARREST/NO BOOKING
DateTimeReviewed: ReviewedBy: CIDScreener. Event Processing Status:
03/18/0323:01 09455 MacDonald, Cheryl A. 09455 MacDonald, Cheryl A. Approved
DateAssigned InvestigatorAssigned
Date Status last Changed:
03118/03 02827 Tompkins, Scott
03118/03 11:01:58 P
o AidReq ~ Weapons ~ Injury ~ Alcohol o Computer o DomViol o Drug o Juvenile ~ Gang
Printed by: Tompkins, Scott A On: Wednesday 03/19/03 10:09
INCIDENT REPORT 96-34C
1047990733
District:
Page 2 03-082341
103-E-1
INCIDENT
SUPPLEMENTAL
REPORT KING COUNTY
,?O NOT D!SCLOSEI: 0 IN .&1FF
DomesticViolence: 0 .... 1\
VICTIMS, WITNESSES AND OTHER PERSONS SECTION
AFIS#:
Phone Numbers:
Home 206/277-7390
MI
OLN
MANZOG*243L2
Set
STOCKTON,

First Name
III' -
J
City
last, First Middle
MANZO VAZQUEZ, GABRIEL NMI
dditional Alias': last Name
M
Occupation
DISHWASHER
Scars, Marks & Tatoos
HEAVILY TATTOOED ARMS, "Sur
13" on web of left hand
Bueno Suerte
VEHICLE SECTION
Color
VIN
1G8CT18B1F0209590
CHEVROLET BLAZER BLUE 669MXH
license
VICTIM Vehicle
VICTIM
Legal Owner Name
MANZO VAZQUEZ, GABRIEL NMI
Registered Owner Name
MANZO VAZQUEZ, GABRIEL NMI
Vehicle Disposition (IHowed,list towing company, address)
AIRPORT TOWING COVERED STORAGE, 81 Yes ATTEMPTED HOMICIDE INVESTIGATION
Vehicle Association
Features
Stolen Vehicle 0 DivoricelnProgress 0 PaymentsOverdue Keyslnlgnition EstiinatedValue Radio Notified Clerk Date lime
o HDBComplaint DoorsUnlocked 86 0311810 5:40
Recovered Vehicle Condition (damage, items stripped, etc.) Other Agency/Case Number Owner Notified By Date lime
BULLET HOLE IN WINDSHIELD, 3 BULLET JTY MCCURDY 0311810 5:40
PROPERTY SECTION
Serial #
Value
Selial# Model
Model
Brand
Brand
rticle
PSM-1 BULLET
Description
EXPENDED BULLET RECOVERED FROM VICTIM'S CAR
1
Status rticle
__D_E_N_C_E__ FRAGMENTED
BULLET
Qty
1
Status
EVIDENCE
Description
EXPENDED FRAGMENTED BULLET RECOVERED FROM VICTIM'S CAR
rticle Brand Model
PSM-3 BULLET FRAGMENT
Value
Selial#
Qty Unit of Meas: Description
Value
1
BULLET FRAGMENT FOUND IN VICTIM'S CAR
KING COUNTY
DO NOT DISCLOSEI: D IHrillFF
DomesticViolence: D
MO
INCIDENT ~
SUPPLEMENTAL
REPORT
03082341 Page 3
103-E-1 . District: K-7
Suspect Trademarks: GANGMEMBER(S) FIRED SEVERAL ROUNDS INTO AN OCCUPIED CAR AFTER A DISPUTE
Instrument: SEMI-AUTO HANDGUN
Entry Point: NIA
Entry Method: N/A
PremisesType
PARKING LOT OF A DUPLEX, PUBLIC ROADWAY
I
Locked IOccupied "rotal Property Cost:
o D $0.00
D Aid Req ~ Weapons ~ Injury ~ Alcohol 0 Computer DOom Viol . 0 Drug D Juvenile ~ Gang
Narrative:
I am a Deputy for the King County Sheriffs Office, assigned to uniformed patrol in a marked patrol car.
On 03/18/2003, I was working in the early hours of the morning, when a person called 9-1-1 in the southpark area
(around S 114th and Des Moines Memorial Rd S) to report a shooting that they had just witnessed. I did not go initially, but
I heard the radio broadcast, arid heard the dispatcher say that a dark colored Blazer was involved, and it drove away
Southbound on Des Moines Memorial Dr. S. .
Deputy Baxter went to the scene of the shooting in Southpark. A short time later, I heard as several Seatac patrol units
were dispatched to contact the victim of the shooting at the "Olympic ViewApartments" in Seatac.
At the request of Deputy Baxter, I went to the "Olympic View" to assist with the investigation.
When I arrived, Deputies Underwood, Hoyne and Dimmitt were speaking with MGabriel Manzo Vazquez.
Deputy Hoyne gave me two expended bullets, and a fragment-of a third. One of the bullets (Evidence item #PSM-1)
was completely intact. The other bullet had fragmented (item #'s PSM-2), but did not appear to be the round that the
fragmented piece (item # PSM-3) came off of. Deputy Hoyne told me that when he arrived in the complex, the complex
security guard gave him the bullets and said that Manzo Vazquez had given them to him, and that Deputy Underwood
found the bullet fragment in the rear seat of the victim's car that was parked in the apartment parking lot. Deputy Hoyne
.said that Manzo Vazquez told him that he found the two bullets in his front seat.
I looked at Manzo Vazquez's car while I was there. It was a dark blue "Iowrider" style Chevy Blazer, that matched the
description given during the initial broadcast. The Blazer had several unmistakable bullet holes in it. One bullet hole was
in the front windshield, directly in front of the driver's seat. Three more were on the right rear quarter panel of the truck.
The right rear window was broken, and I could easily see where one bullet had grazed the rear window post. Both rear
tires were also flat, and the right rear tire appeared to have a puncture in the sidewall, possibly from another bullet.
I spoke with Manzo Vasquez, and he told me briefly what had happened earlier. He was intoxicated, but not drunk. He
was very lucid, and though English is his second language (Spanish is his primary language), we had absolutely no
problems understanding each other. He said that he had been drinking with several people at a party in Southpark in an
apartment over a laundromat. I immediately recognized the apartment that he was describing. I am very familiar with it
because of numerous gang-related complaints and parties that I have been to there in the last several months.
Manzo Vazquez said that he got into an argument with a white gang member at the party who claims hispanic gang
membership in the ''VL'' "Varrio Locos" gang, centered in the White Center area. The "VL" is also often referred to as the
''Vato Locos", or "Barrio Locos", or "Sur 13" or any combination thereof. Manzo said that everyone called the man "Nick".
He told me that "Nick" challenged him to go outside and fight him, but he wouldn't. When he refused, Nick's friend that
was with him pulled a nickel or silver colored, semi-automatic, handgun out of his waistband and pointed it at him.
Manzo Vasquez knew the man (Nick's Associate) only by his moniker, "Guero Loco", which essentially means "Crazy
White Guy" in Spanish. Manzo Vazquez also told me that "Guero Loco" has a tattoo of "206" on the back of his neck,
which refers to gang affiliation in the Seattle area (the '206' area code). Manzo Vasquez met 'Guero Loco' once before, at
the same apartment when 'Guero Loco' came by with some things that he had stolen that night during car prowls.
Manzo Vazquez said that when the suspect pointed the gun at him, that he tried to push it down, and the suspect yelled,
"Don't touch the fuckin' gun, man!" He then said, ''You'd better fuckin' go outside and fight him, or I'll shoot you!"
Manzo said that he refused, and said, "No. If it was just one on one I would, but if I go out there, the two of you guys are
going to jump me!"
A third suspect that Manzo Vazquez knows as "Andreas" also stood up and said, "No. Three of us are going to jump
you! Now go outside!"
Manzo turned and ran into the back bedroom, and shut the door. He said that he had to hold it shut against the three
suspects who were trying to force it open.
Manzo said that he jumped out of the bedroom window onto an awning, and then jumped from the awning onto the
ground, where he ran to his car parked in the apartment parking lot.
Manzo said that as he tried to start his car, 'Guero Loco' came running down the stairs into the parking lot. As Manzo
backed out of the lot and onto the street, the suspect began firing several (about 8 or so) rounds at him. The first round
District: K-7
Page 4 03-082341
103-E-1
KING COUNTY
r-DO-N-OT-D-IS-CL-O-SE-I:
DomesticViolence: 0 Il REPORT
fired came through the windshield towards Manzo.
Manzo said that as he backed up, and then drove away Southbound, past the scene, that the suspect continued firing
rounds at him. He told me that he felt a sharp pain in his abdomen, and thought that he had been shot. He drove all of the
way to his home in Seatac, where he saw a uniformed security guard, and thinking that he was a police officer, flagged him
down and told him what had happened.
I looked at Manzo's abdomen, and I could clearly see a fresh abrasion that appeared to be from a bullet grazing him.
There was no puncture wound, and Manzo did not require medical attention. Though he said that he would not be likely to
go to the hospital, I had Manzo sign a "Medical Information release waiver", which I later submitted with the case report.
I also had Manzo sign a "Consent to Search" form for his vehicle, which I also submitted with the case report.
As I spoke with him, the Seatac Officers took photos of Manzo and his truck and gave the roll of film to me. I submitted
the film for processing later that morning.
I recognized the suspect "Nick" that Manzo described to me as "Nicholas Renion", a well known White Center ''VL''
gang member. I know Renion well because he was the first person that I arrested as a King County Deputy, several years
ago when he was only 13 years old. Renion is also the suspect of a Robbery with a handgun of a transient in White Center
that I investigated a few weeks ago. I have had a photo montage of Renion in my patrol car since the robbery because I
have been trying to find the Robbery victim again to identify Renion.
I took the photo montage from my car, and read the montage instructions to Manzo, which he said he understood. I
showed him the montage, and he picked Renion's photo as the suspect who had started the fight immediately without
hesitation. He signed the Montage instructions, and the photographic montage. I also submitted those later with the case
file.
I sealed and taped the truck for evidentiary processing by the King County Major Crimes Unit later, and requested a tow
truck for an impound to "covered storage" to preserve any evidence that was still inside. Before I sealed the driver's-side
door, I left the car keys on the front drivers-side seat.
I brought Manzo with me to the crime scene where the shooting had occurred, and met Deputy Baxter there. At the
scene, I saw eight shell casing that had been ejected from a handgun lying on the ground of the parking lot, and on a
sidewalk in front of the laundromat. I also found what appeared to be a bullet hole in a window across the street, but I
could not find the round inside when the people working let me come in to look for it.
I took a written victim statement from Manzo, which he read and signed, and then submitted all items at the King County
Sheriffs Office Precinct 4.
No further information is available at this time.
dditional Attachments/Reports Associated with this Incident/Follow-up Report:
A-102 Master Evidence Report Tuesday 03/18/03 Active
photographic line-up Tuesday 03/18/03 Active
hIw photographic line-up form Tuesday 03/18/03 Active
Signed Printed Victim Statement Tuesday 03118/03 Active
hlw Consent to Search form Tuesday 03/18/03 Active
hIw medical release form Tuesday 03118/03 Active
Continuation/Statement/OR Tuesday 03/18/03 Active
hIwvehicle impoun Tuesday 03/18/03 Active
certification
I certify (or declare) under penalty of under the laws of the State of Washington that the foregoing is true and correct.
Date and Place:, Signature/Agency: _
END OF REPORT
Sex DOe
Incident Number

FCRCode
ltY3
ZIP Occupalion
t c.. Cil 0
Other Agency Case bel
U/llf:91
Towing Company WACIC #
?-z{{ 1.-fp
State City
KING COUNTY
Stale
wA
Drive(

o Probabl
o KCC 46.08.050. RCW46.55.085. Violation 24 hour notice. Vehicle on public right-of-way.
Residence Address

a:
:f a::..:s bQ.8'_-I
Legal Owner Name (Last, Ftlst) Address Cily Slate ZIP
as Reg. Owner
W license No.
rl {, b1/1
:I: Owner Dale I lime
g! Notified
(Date)
o Evidence vehicle not moved --'-_---:=-:-=-:- .,.--,.--__-:::=--:-::-_---::--_--::-_.,.-----:=-:=-:-__-:--:- _
o Attempted contact with Reg. owner (RIO) as noted above. 0 RIO number unlisted o Tabs'expired.
KCC 46.08.040(A). RCW46.55;113(2}. Vehicle impeding or likely to impede vehicular or pedestrian traffic, specifically: _
o Vehicle is being held for evidentiary reasons.
o KCC 46.080.040(F}. RCW46.55.113(3). Vehicle involved in collision.
o Vehicle blocking the roadway. 0 Vehicle unattended, driver gone on arrival. 0 Driver injured, transported to hospitaL
o KeC 46.080.040(G}. RCW46.55.113(4). Driver arrested. .
o Refused to sign waiver and vehicle illegally parked. 0 Due to state of intoxication, driver unable to understa,nd and sign waiver.
o KCC 46.08.040(H}. RCW46.55. 113(6}. Vehicle parked in marked disabled parking space without proper permit.
(give details). -:- _
COVJt12 To e<.v,{l2 em STOfl ALt::'
o KCC 46.080.040(D). RCW46.55. 113(5}. Vehicle stolen under case number _
o KCC 46.080.040(D}. I believe the vehicle is a possible unreported stolen because _
o Attempted to contact RIO as noted above. 0 RIO requested impound on stolen report.
o KCC.46.08.040(E}. I have a reasonable belief that the vehicle constitutes evidence of a crime or contains evidence of a crime of:
o KCC 46.08.040(8}. RCW46.55. 113(1}. parked _
> 0 KCC 46.080.04O(C}. RCW46.55. 113(2) or (7). Vehicle poses immediate danger to public safety.
0 Driver suspended. 0 No vehicle insurance. 0 Driver has numerous FTA's. 0 Driver revoked as habitual traffic offender
0 DWlS/R Impound - City of (See back - give DWlS/R Driver second [Pink] copy)
!;( o Other -'-- -'--- _

U)
W

m
....
....

o
W
:I:
o
Deputy Authorizing Impo)fnd
AS. .
:SO C-I07 1610 (Rev. 4101)
Serial No. Unit No.
t-(-/L-I
White - Records Pink - OWLS Driver Yellow - Tow Companv
Dale
03 b.3

Incident Location: City:
11445 DES MOINES MEM DR S SEATTLE
And: DOW TIme:
03118103 Tue 2:59
Juvenile
o
District: K-7
Page 1
Zip
98168
Court
03-082341
103-E-o
Initial FeR
103-E-O
THE SOAP BOX
INCIDENT
Incident Type:
ASSAULT, HANDGUN
KING COUNTY
SH,'IlIFF
po NOT IllSClOSE!:
0
DomesticVlOfence:
0
Reported: DOW Time:
03/18/03 Tue 2:59
Oce Between: DOW TIme:
03/18/03 Tue 2:59
SUSPECTS/ARRESTED PERSONS SECTION
Association: Last First Middle
SUSPECT UNKNOWN (ASSAULT, HANDGUN),
Scars, Marks &Tatoos
Co-Defendant .,
Set
Phone Numbers:
Clothing
BLACK T SHIRT WITH WHITE
LETTERS READING
"PLAYERS" AND BLACK PANTS
DOB
"206" ON BACK OF NECK,
VARIOUS TATTOOS ON HANDS
Sex
M
First Name
Occupation
dditional Alias: Last Name
UEROLOCO
OLN
MI Moniker
SSN AFIS#:
VICTIMS, WITNESSESAND OTHER PERSONS SECTION
HEAVILY TATTOOED ARMS
Set
Phone Numbers:
Home 206/243-6380
AFIS#: SSN

Gang
OLN ST
MANZOG*243L2 WA
Employer
last. First Middfe
MANZO VAZQUEZ, GAS"RIEl NMI
Occupation
CONSTRUCTION
Association:
VICTIM
dditional Alias: Last Name First Name MI Moniker
Bueno Suerte
REVIEW
DateSubmitted:
03118/03
Reporting Officer:
07259 Baxter, Garrett G.
Disposition:
INCIDENT REPORT ON SCENE - NO ARREST/NO BOOKING
DateTimeReviewed:
3/18/2003 14:23
ReviewedBy:
04403 Corey, James R.
CIDScreener:
04403 Corey, James R.
DateAssigned
03/18103
InvestigatorAssigned
02827 Tompkins, Scott
Date Status Last Changed:
03/18103 2:23:20 PM
o Aid Req Weapons 0 Injury 0 Alcohol D Computer 0 Dam Viol o Drug 0 Juvenile Gang
Printed by: Tompkins, Scott A On: Wednesday 03/19/03 10:09
INCIDENT REPORT 96-34C
1047991360
District: K-7
Page 2 03-082341
103-E-Q
INCIDENT
KING COUNTY
IIHilIIFF
Association;
Occupation
ADMINISTRATOR
Last, First Middle
MARTINI, JENNIFER LEIGH
"" .
----
OLN
MARTlJL28808
Gang
ST SSN
WA
Phone Numbers:
Home 206/241-8333
Set
AFIS#:
PROPERTY SECTION
Status rticle
EVIDENCE SHELL CASINGS
Brand Model Serial #
Qty Unit of Meas: Description
8 EACH SHELL CASINGS
Value
MO
Suspect Trademarks: SHOT AT VICTIM WITH A HANDGUN
Instrument: HANDGUN
Entry Point: NIA
Entry Method: N/A
. PremisesType
PARKING LOT
I
Locked IOccupied ITotal Property Cost:
o D
o Aid Req . Weapons 0 Injury 0 Alcohol 0 Computer DOom Viol D Drug 0 Juvenile Gang
Narrative:
On 03/18/03 at apprx. 0259 hrs. I was d.ispatched to the area of 11233 Des Moines Mem Dr. S. on a report of gunshots
being fired with a dark colored SUV associated with it. The RIP had reported that she sawthe SUV pull stop in front of
either the Samoan Community Center or the-laundry mat at S 116 81. and Des Moines. The initial report stated that the
SUVhad left the scene:South bound--on Des Moine-s - .- .... .
Upon arrival myself and several other units searched the area in an attempt to locate the vehicles but we found could not
find them. I then went to the area of the and began searching for evidence. At 11417 Des Moines Mem Dr. S.,
the Samoan Community Center I found awindow on the East side of the building with a hole in it that appeared consistent
with a bullet hole. I could not find any other evidence of a shooting at that location. I photographed the hole and submitted
the film for processing.
I then went to RIP Martini's location. She stated that at apprx. 030Q hrs. she was on her fourth floor balcony which faces
South and has a view of Des Moines Mem Dr. S. She said that a dark colored SUV was driving South on Des Moines
Mem pre S. and stopped in the road near the Samoan Community Center. She stated that she thinks that she sawthe .
front passenger window rolldown but was not sure. She said that she then heafd four gunshots, a pause and then four
more gunshots. She stated the vehicle remained there for a fewmore seconds and then drove South on Des Moines. She
said that the vehicle pulled away casually. She stated that shortly after that she observed a light colored four door sedan
puJ.1 out of that same general area and drive South on Des Moines.
Martini provided a statement.
While I was at the scene the SeaTac units got a call from V Manzo Vazquez. Deputy Underwood resp.onded there. Manzo'
Vazquez reported that he had been shot at in his Blue SUV. The vehicle had four apparent gunshot holes. Manzo
Nazquez initially stated that the shooting had occurred at his apartment complex in SeaTac. He later admitted that it had
occurred at 11445 Des Moines. He stated that he lied because he retaliation from the suspects. Deputy
McCurdy responded to that location to assist.
J(ING COU"NTY
DO NOT DISCLOSEI: 0 5111t1FF
DomesticViolence: D
INCIDENT ~ E P C . ~
03-082341
103EO
Page 3
District: K-7
Deputy McCurdy sealed off the vehicle and it was towed by airport towing. Deputy Underwood followed the tow to the
storage area. See their respective officer reports for further.
1later talked to Manzo Vazquez and he told me that he was at his friend Rhonda's apartment at 11445 Des Moines drinking
with her and some of her friends. He stated that Nick Renion and 51 was there. He stated that he only knew 51 by a
nickname "Guero Loco". He said that he was a White male in his 20's apprx. 5'6" tall and very skinny with a shaved head.
He said that he was wearing a Black T Shirt with the word "Players" in white letters and Black pants. He stated that he got
into an argument with Nick over a alcoholic beverage. He said that Nick wanted him to go outside. He stated that he .
refused to go outside with him because he did not want to fight him. He said that S1 then pulled out a large stainless steel
. or nickel plated semi-automatic pistol and told him that he better go outside or he would shoot him. He said that Rhonda
tried to convince them to stop but they would not. He said that he then went into Rhonda's bedroom and jumped out of the
window onto the roof that covered the entrance to the laundry mat down stairs. He said he then jumped to the ground and
got into his vehicle. He stated that S1 then came outside with the gun and began shooting at him as he backed of of the
parking lot on the South side of the building. He said that he kept driving backwards on Des Moines and stopped a little
ways down the street. He said that he then drove forward and went South on Des Moines and drove home as fast as he
could. He stated that one of the bullets grazed his stomach. I took a photograph' of the injury.
Deputy McCurdy took a statement from Manzo Vazquez. See his Officer's Report.
. -
I checked the scene around that location. I found four shell casings on the ground on the South side of the building and.
four shell casings in front of the laundry mat. I photographed them and then collected them as evidence. They were
logged into Precinct 4 evidence.
Deputy McCurdy and I tried to make contact at Rhonda's apartment but we received no answer.
This case will be forwarded to the detectives for further follow u .
dditional Attachments/Reports Associated with this Incident/Follow-up Report:
A-102 Master Evidence Report Tuesday 03/18/03 Active
Continuation/Statement/OR Tuesday 03/18/03 Active
Certification
I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.
Date and Place: Signature/Agency: _
END OF REPORT
KING COUNTY
FOLLOW-UP 03-082341
103-M-2
Page 2
District K-7
Scars, Marks & Tatoos
TATTOO'S PRAYER HANDS WITH
"THUGS PRAY TOO" ON LEFT
SHOULDER, "CASPERON LOWER
FOREARM
Association:
SUSPECT
Address
104171 S
Sex
M
Last, First Middle
RENION, VALENTION..
City
SEATTLE
DOB
03/12179
Co-Defendant #
Phone Numbers:
Home 206/246-0524
Set -
VICTIMS, WITNESSES AND OTHER PERSONS SECTION
Occupation
WASHING. HOUSES
Employer
SOSEACC
OLN
"RENIONV213DK
SSN
538-13-0835
Set
Set
AFIS#: SSN ST
Moniker MI
OlN
First Name
Employer
Last, First Middle
ENCINAS, RHONDA LYNN
DOB
06/22176
dditional Alias': last Name
LEFT WRIST/RIGHT LEG AND
ANKLBBACKSHOULDER
Scars, Marks &Tatoos
TATTOO OF 'CRAZY LIFE' ON
RIGHT ARM; TATTOO OF '13' AND
FEMALE FACE ON LEFT ARM;
TATTOO OF 'SUR' ON CHEST
Sex
M
..
A_Ss_O_ci_ati_o_o: .....t-L_as_t_' _
VICTIM GABRIEL
d City
Occupation
NONE
Association:
Occupation
NONE
Employer OlN
Gang
ST SSN
Set
AFIS#:
1;)0 NOT D'SCLOSEI: D
DomesticViolence: D
IZINCi COUNTY
FOLLOW-UP
03-082341 Page 3
103M2 District: K-7
PROPERTY SECTION
Status rticle Brand
MONTAGE
Qty
rticle Brand Model
Model
Serial #
Value
Serial #
Qty Unit of Mess: Description
GARCIA SELECTION OF WEBER
MO
Suspect Trademarks:
Instrument:
Entry Point:
Entry Method:
PremisesType
D Aid Req 0 Weapons D Injury D Alcohol D Computer
Value
I
Locked IOccupied ITotal Property Cost:
o D $0.00
D Dam Viol D Drug D Juvenile D Gang
Reporting Officers Entries Associated with this Case Follow-up Report:
lTuesday 03/18/03 15:00
I RECEIVED THIS CASE FOR FOLLOW UP.
Wednesday 03/19/03 I 8:00
I ARRIVED AT THE RJC. THE NIGHT PRIOR PCT #4 DEPUTIES AND DETECTIVES DEVELOPED LEADS IN THIS
leASE AND HAD THESHOOTER IN CUSTODY.
I PROCESSED THE CASE AS AN IN-CUSTODY FOLLOW UP.
03/19/03 12:02
I REQUESTED THE 911 TAPE(S) FOR THIS INCIDENT AND THE SUSPECT CRIMINAL HISTORY REPORT.
Wednesday 03/19/03 12:25
I CALLED THE VICTIM. THERE WAS NO ANSWER.
Wednesday 03/19/03 13:39
I ARRIVED AT THE VICTIMS HOUSE. THERE WAS NO ANSWER AT THE DOOR OR ON THE PHONE WHEN I
IrRIED TO CALL INSIDE. I LEFT A BUSINESS CARD ASKING FOR CONTACT.
Wednesday 03/19/03 14:00
I ARRIVED AT THE LOCATION OF THE ASSAULT. THERE ARE TWO APARTMENTS ABOVE THE LAUNDRY
MAT. I FIRST CONTACTED THE NORTHERN MOST UNIT. I SPOKE WITH A MAN NAMED VICTOR GARCIA-
RODRIGUEZ. HE SAID THAT "RHONDA" WAS RHONDA ENCINAS AND THAT SHE WAS CURRENTLY AT A
COURT APPEARANCE. HE PROVIDED ME WITH HER CELLULAR PHONE NUMBER TO CONTACT HER, -779-
1956.
I ASKED VICTOR IF HE WAS PRESENT AT THE TIME OF THE ASSAULT. HE. WAS HE WAS HOME, AND SAW
SOME OF THE INCIDENT. VICTOR SAID HE WAS AT THE APARTMENT WITH RHONDA, GABE, NICK, IIGUERO
LOCO", AND AN UNKNOWN MALE. HE SAID THEY WERE ALL DRI.NKING AND HE WENT TO BED. LATER IN
IrHE EVENING HE HEAR A DISTURBANCE AND SOMEONE YELLING ABOUT GANGS. THE VICTIM GABE THEN
QO NOT DI.SCLOSEI: D
DomesticViolence: D
FOLLOW-UP R E ~ 03-082341 Page 4
103-M-2 District: K-7
UICKLY ENTERED HIS ROOM AND TOLD HIM TO BLOCK THE DOOR WHILE HE ESCAPED OUT THE
INDOW. . VICTOR SAID THAT NICK, "GUERO LOCO" AND THE OTHER MALE WERE TRYING TO GET INTO
HE ROOM. VICTOR BLOCKED THE DOOR FROM THE INSIDE WHILE RHONDA BLOCKED IT FROM THE
OUTSIDE. HE SAID GABE LEFT VIA THE WINDOW. SHORTLY AFTER HE HEARD SEVERAL GUNSHOTS AND
LOOKED OUT THE WINDOW TO SEE THE THREE SUSPECTS CHASING GABE WHO WAS FLEEING IN HIS
AR. THE THREE SUSPECTS THEN GOT INTO A CARANO FOLLOWED, NEVER TO RETURN.
leTOR IDENTIFIED CHARLES WEBER FROM A MONTAGE AT THE PERSON HE KNEW AS "GUERO LOCO".
ICTOR PLACED WEBER AT THE APARTMENT, BUT NEVER ACTUALLY SAW HIM WITH THE GUN.
I DID NOT HAVE A MONTAGE OF NICK RENION AT THE TIME I WAS INTERVIEWING VICTOR. I DID HAVE THE
ONTAGE USED BY DEPUTIES THE NIGHT PRIOR AND I SHOWED THAT TO VICTOR. I SPECIFICALLY
POINTED OUT RENION AND ASKED HIM IF THAT WAS THE PERSON HE KNEW AS NICK. HESAID IT WAS, -
DDING THAT NICK WAS RHONDA'S COUSIN. .
ICTORALLOWED ME TO TAKE PHOTOS OF THE INSIDE OF THE APARTMENT AND OF THE WINDOW THAT
HE VICTIM JUMPED OUT OF. I ALSO TOOK PHOTOS OF THE OUTSIDE OF THE HOUSE.
DURING THE INTERVIEW OF VICTOR HE HAD MENTIONED THAT THE LAUNDRY MAT HAD SURVEILLANCE
AMERAS. AFTER I LEFT VICTOR I WALKED THOUGH THE BUSINESS. I SAW SIGNS STATING THAT THE
BUSINESS HAD SURVEILLANCE BUT I DID NOT ACTUALLY SEE ANY INNER OR OUTER CAMERAS. I ALSO
aULD NOT LOCATE ANY CONTACT INFORMATION ON AN OWNER OF MANAGER.
ednesday 03/19/03 14:28
I CALLED THE KING COUNTY COMMUNICATIONS CENTER AND INQUIRED ABOUT A CONTACT CARD FOR THE
OAP BOX LAUNDRY MAT. I WAS ADVISED THEY SHOW THE OWNER AS A MR. NGUYEN AT 244-3162.
HEN I CALLED THAT NUMBER"' FOUND IT WAS DISCONNECTED.
ednesday 03/19/03 15:00
I CALLED THE CELL PHONE NUMBER FOR RHONDA ENCINAS. SHE WAS UNABLE TO MET WITH ME IN THE
NEXT FEW HOURS, BUT AGREED TO MEET ME IN THE MORNING.
hursday 03/20/03 8:39
I TRIED CALLING THE VICTIM. THERE WAS NO ANSWER.
hursday 03/20/03 10:15
I MET WITH WITNESS RHONDA ENCINAS. RHONDA TOLD METHAT THREE GUYS WERE AT HER HOUSE
ND THEY HAD A FIGHT WITH GABE. SHE SAID GABE HAD TO lEAVE OUT THE WINDOW TO ESCAPE THE
FIGHT. SHE CLAIMS NOT TO HAVE SEEN A GUN OR HEARD THE SHOTS, BUT ADDED SHE KNOWS GABE
1:\S SHOT BECAUSE HE CALLED HER THE FOLLOWING DAY AND TOLD HER so. RHONDA SAID SHE TRIED
o PROTECT GABE BY BLOCKING THE BEDROOM DOOR WHEN HE WENT OUT THE WINDOW AND BLOCKING
HE EXIT DOOR WHEN THE SUSPECTS TRIED TO GO OUTSIDE TO GET GABE.
RHONDA WOULD NOT COOPERATE FULLY WITH THE INVESTIGATION. SHE lOOKED AT RENIONS
ONTAGE, BUT ONLY WOULD SAY, -"EVERYONE KNOWS THAT'S NICK'" BUT I CAN'T SIGN IT.
RHONDA SAID THAT SHE HAD GOTTEN THREE THREATENING PHONE CALLS YESTERDAY RELATING TO THIS
INCIDENT. SHE SAID CALLERS STATED, WEBER WAS IN JAIL AND THAT SHE WAS THE PERSO"N WHO
LIKELY CALLED THE COPS.
HONDATOLD ME THAT EVERYONE KNOWS WHERE SHE LIVES AND WHERE HER PARENTS AND KIDS
IVE. SHE SAID THAT SHE IS VERY CONCERNED FOR HER SAFETY. AT ONE POINT SHE ASKED IF SHE
OUlO PROVIDED A STATEMENT AFTER SHE MOVED TO A NEWAPARTMENT?
NOT D!SCLOSEI: D
DomesticViolence: D
IZING C01JNTY
FOLLOW-UP 03-082341 Page 5
103-M-2 District: K-7
I SPOKE TO RHONDA FOR SOME TIME ABOUT HER SECURITYAND PROVIDING A STATEMENT IN THIS CASE.
LTIMATELY SHE WOULD NOT ASSIST.
hursday 03/20103 10:40
RHONDA ENCINA DID HAVE A MORE ACCURATE PHONE NUMBER FOR GABE, -277-9673. I CALLED THE
ICTIMAND HE AGREED TO MEET WITH ME. THE APARTMENT NUMBER LISTED ON THE CASE REPORT
WRONG AND GABE PROVIDED THE CORRECT ONE.
hursday 03/20103 10:50
I MET WITH THE VICTIM. I SHOWED HIM MONTAGES OF RENION AND WEBER. HE SELECTED RENION
ROM THE MONTAGE AS THE PERSON HE KNOWS AS NICK, AND THE PERSON WHO STARTED THE FIGHT
ITHHIM.
HE SELECTED WEBERS PHOTO WITH 80% CERTAINTYAT BEING THE PERSON WHO POINTED THE GUN AT
1M INSIDE THE APARTMENT AND SHOT AT HIM OUTSIDE THE APARTMENT. HE SAID IF HE COULD SEE
HE SUBJECTS TATTOOS HE COULD BE MORE SURE. '( WEBERS TATTOOS HAD BEEN COVERED IN THE
ONTAGE).
hursday 03/20/03 13:14
EARLIER IN THE MORNING I HAVE THE CRIMINAL INTELLIGENCE UNIT CHECK THE BUSINESS RECORDS FOR
HE SOAP BOX LAUNDRY MAT. THEY LOCATED A OWNER WITH A NUMBER SIMILAR TO THE ONE GIVEN BY
HE COMMUNICATIONS CENTER, 244-3126.
I TRIED CALLING THE NUMBER SEVERAL TIMES THROUGH-OUT THE MORNING. THE LINE WAS ALWAYS
BUSY.
T 1314 HOURS I FINALLY GOT THROUGH AND LEFT A MESSAGE FOR THE OWNERS TO CALL ME.
hursday 03/20/03 15:03
I REQUESTED A COpy OF ALL THE PHOTOS TAKEN BY PATROL IN THIS CASE.
Summary/Conclusion:
CASE CLOSED, CLEARED BYARREST.
SUSPECT WEBER CHARGED WITH ASSAULT TWO AND VUCSA.
dditional Attachments/Reports Associated,with this Incident/Follow-up Report:
Cert for Determination of Probable Cause Wednesday 03/19/03 Active
911 Request Wednesday 03/19/03 Active
Charge Sheet Wednesday 03/19/03 Active
Triple I Wednesday 03/19/03 Active
A-102 Master Evidence Report Thursday 03/20/03 Active
Certification
I certify (or declare) under penalty of under the laws of the State of Washington that the foregoing is true and correct.
END OF REPORT
FOLLOW-UP REPc-l
QO NOT D'J)CLOSE!:
0
DomesticViolence:
0
Reported: DOW Time:
03/18/03 Tue 2:59
Dec Between: DOW Time:
03/18/03 Tue 2:59
KING C01JNTY
Incident Type:
ASSAULT, HANDGUN
And: DOW Time:
03/18/03 Tue 2:59
Initial FeR
103-E-0
THE SOAP BOX
03-082341
103-M-2
Court
Page 1
District: K-7
Juvenile
o
Incident Location:
11445 DES MOINES MEM DR S
City:
SEATTLE
Zip
98168
SUSPECTS/ARRESTED PERSONS SECTION
Association: Last, First Middle
ARRESTED WEBER, CHARLES W
Co-Defendant .,
Set
Sex DOB
M 10/26n8
Scars, Marks &1atoos
TS: "SURENO", ''VL'' - R SHlDR1
"SUR 13" L SHlDR1"SUR" W/3
DOTS, "WECO lOCO", "206",
"NICK", "LOCO" l HAND1
'WEDO", CROSS, "WEDO lOCO" -
R HAND1CROSS W/"REST IN
PEACE CHUCK SR" - L CHEST
Address City
9685 MLK WY S #A6 SEATTLE
Occupation Employer
CONCESSIONS KING DOME
OLN ST SSN
WEBERCW229P6 WA 539-90-0209
AFIS#:
harges Codes:
OO-F CONTROLLED SUBSTANCE
VIOLATION
103-F ASSAULT, HANDGUN
.RCW( or Local Ord) Code - Description
-VUCSA
-ASSAULT 2
Counts:
1
1
REVIEW
DateSubmittad: Reporting Officer:
03/20/03 02827 Tompkins, Scott A
Event Processing Status:
Submitted
DateTimeReviewed: Reviewing Officer: Date Status Last Changed:
03/19/03 10:10:57 A
D Aid Req D Weapons D Injury D Alcohol D Computer D Dam Viol D Drug o Juvenile D Gang.
CASE FOLLOW-UP REPORT
Printed by: Tompkins, Scott A On: Thursday 03/20/03 15:12
9
1048097457
DomesticViolence:
SHERIF
KING COUNTY
FOLLOW-UP
SUPPLEMENTAL
REPORT
03-082341
103-M-1
Page 1
I
i District: K-7
Tue 12:59
Oce Between: DOW Time:
3/18/2003 Tue 2:59
. nCI ent ype:
ASSAULT, HANDGUN
And: DOW Time:
3/18/2003 Tue 2:59
LocationName:
THE SOAP BOX
VICTIMS, WITNESSES AND OTHER PERSONS SECTION
Inadent Location:
11445 DES MOINES MEM DRS
City:
SEATTLE
Zip
98168
MANZO VAZQUEZ, GABRIEL NMI
City
16702 31 AV S #110 SEATAC
Sex DOB
M : 6/22/1976
Scars, Marks &Tatoos
HEAVILY TATTOOED ARMS, "SUR
13" ON WEB OF LEFT HAND "VIVA
MEXICO" ON STOMACH. BULLET
WOUND ON STOMACH (SCARE). 3
DOTS BY LEFT EYE.
Set
Occupation
DISHWASHER
Employer
QUADALAJARA HACIEN
OLN ST
MANZOG*243L2 WA
SSN
611-26-7121
AFIS#:
dditional Alias': Last Name
Suspect Tradema
Instrumen
Entry Poin
Entry Metho
First Name MI Moniker
Bueno Suerte
PremlsesType
I
ITotal Property Cos
D Aid Req o Weapons o Injury D Alcohol 0 Computer o DomViol o Drug o Juvenile D Gang
Reporting Officers Entries Associated with this Case Follow-up Report:
rruesday 04/08/03 15:03
I SENT A REQUEST TO THE WSP CRIME LAB IN REGARD TO THE BULLETS AND CASINGS RECOVERED. I
FOR FOUR EXAMS;
1. DETERMINE WEAPON OF ORIGIN
I REVii:.vY
DateSubmitted: Reporting Officer:
I
Event Processing
5/21/2003 02827 Tompkins, Scott A Submitted
DateTimeReviewed: Reviewing Officer: Date Status Last Changed:
I
4/8/2003 2:48:32 PM
I
I
I
o Aid Req 0 Weapons 0 Injury 0 Alcohol 0 Computer DOom Viol 0 Drug
CASE FOLLOW-UP REPORT
Printed by: Tompkins, Scott A On: Wednesday 05/21/03 13:49
o Juvenile. D Gang
96-340483-A
1085643010
KING COUNTY
FOLLOW-UP
SUPPLEMENTAL
REPORT
03-082341 Page 2
103-M-1 District: K-7
3. ARE THE CASINGS AND BULLET LINKED TO THE SAME GUN
. IBIS ENTRY.
Tuesday 04/08/03 15:08
I REQUESTED THE NARCOTICS EVIDENCE FROM THE PROPERTY UNIT.
Tuesday 04108/03 15:21
I SENT A LATENT PRINT REQUEST ITEM GWA-2, THE BAGGIES CONTAINING METH FOUND BY DET ALVEREZ.
Friday 04/11/03 10:55
T THE REQUEST OF DPA COLASURDO I EXAMINED AND PHOTOGRAPHED EVIDENCE ITEM GWA-1. IT
CONTAINED 11 ONE INCH PACKETS OF WHITE POWDER. I PHOTOGRAPHED THE EVIDENCE AND
FORWARDED THEM TO COLASURDO.
'ednesday 04/16/03 8:00
I RECEIVED AN OFFICERS REPORT FROM DPTY HOYNE.
REPORT ADDED TO CASE FILE.
ednesday 04130/03 10:30
I SUBMITTED A LAB REQUEST TO HAVE ITEM GWA-1 ANALYSISED AT THE CRIME LAB.
ednesday 04/30/03 11:02
I RECEIVED INFORMATION FROM LYNN DEAN OF THE LATENT PRINT LAB. SHE ADVISED ME THAT NO
PRINTS OF VALUE WERE FOUND ON THE SUBMITTED BAGGIES, -GWA-2.
ednesday 04/30/03 11:04
I PRINTED OFF DPTY DIMMllTS FOLLOW UP OFF THE IRIS COMPUTER SYSTEM. REPORT ADDED TO CASE
FILE.
Monday 05/19/03 14:00
DPA COLASURDO AND I MET WITH WITNESS MARTINI AT HER HOME. WE DISCUSSED HER OBSERVATIONS
NO I TOOK PHOTOS OF THE CRIME SCENE FROM HER PATIO.
FOLLOWING THAT COLASURDO AND I MET WITH THE VICTIM. WE BROUGHT HIM TO THE CRIME SCENE AND
HE WALKED US THROUGH THE EVENTS OF THE SHOOTING.
ednesday 05/21/03 9:00
I EXAMINED THE VICTIM'S CAR WITH DPA ANDY CALOSURDO.
ednesday 05/21/03 13:35
I TOOK A STMT FROM WITNESS CHRIS BOONE.
Certification
I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.
Date and Place: Signature/Agency: _
DO NOT DISCLOSEI:
o
DomesticViolence: 0
KING COUNTY
FOLLOW-UP
SUPPLEMENTAL
REPORT
03-082341 Page 3
I
103-M-1 I District: K-7
I
KING COUNTY
FOLLOW-UP
SUPPLEMENTAL
REPORT
03-082341
103-M-1
Page 1
District: K-7
Tue 2:59
Oce Between: DOW Time:
3/18/2003 Tue 2:59
net ent ype:
ASSAULT, HANDGUN
And: DOW Time:
3/18/2003 Tue 2:59
THE SOAP BOX
ourt uveme
D
VICTIMS, WITNESSES AND OTHER PERSONS SECTION
Inddent Location:
11445 DES MOINES MEM DR S
City:
SEAITLE
Zip
98168
MANZO VAZQUEZ, GABRIEL NMI
City
1670231 AV S #110 SEATAC
Sex DaB
M 6/22/1976
Scars, Marks & Tatoos
HEAVILYTATTOOED ARMS, "SUR
13" ON WEB OF LEFT HAND "VIVA
MEXICO" ON STOMACH. BULLET
WOUND ON STOMACH (SCARE). 3
DOTS BY LEFT EYE.
Set
Occupation
DISHWASHER
dditional Alias': Last Name
Suspect Tradema
Instrumen
Entry Poin
Entry Metho
Employer
QUADALAJARA HACIEN
First Name
OLN ST SSN
MANZOG*243L2 WA 611-26-7121
MI Moniker
Bueno Suerte
AFIS#:
ype
D Aid Req D Weapons D Injury D Alcohol D Computer D Dam Viol D Drug DJuvenile o Gang
Reporting Officers Entries Associated with this Case Follow-up Report:
Tuesday 04108/03 15:03
I SENT A REQUEST TO THE WSP CRIME LAB IN REGARD TO THE BULLETS AND CASINGS RECOVERED. I
FOR FOUR EXAMS;
1. DETERMINE WEAPON OF ORIGIN
Date8ubmitted:
5/21/2003
DateTImeReviewed:
RepOrting Officer:
02827 Tompkins, Scott A
Reviewing Officer:
Event Processing
Submitted
Date Status Last Changed:
418/2003 2:48:32 PM
o Aid Req D Weapons D Injury D Alcohol D Computer D Dam Viol D Drug
CASE FOLLOW-UP REPORT
Printed by: Tompkins, Scott A On: Wednesday OS/21/03 13:49
D Juvenile. 0 Gang
96-340483-A
1085643010
03-082341 Page 2
103-M-1 District: K-7
FOLLOW-UP
SUPPLEMENTAL
REPORT KING C()UN1"'{
D O ~ : : : : : ~ : : I : ~ SHERIFF
3. ARE THE CASINGS AND BULLET LINKED TO THE SAME GUN
. IBIS ENTRY.
uesday 04108/03 15:08
I REQUESTED THE NARCOTICS EVIDENCE FROM THE PROPERTY UNIT.
uesday 04108/03 15:21
I SENTA LATENT PRINT REQUEST ITEM GWA-2, THE BAGGIES CONTAINING METH FOUND BY DET ALVEREZ.
Friday 04111/03 10:55
T THE REQUEST OFDPA COLASURDO I EXAMINED AND PHOTOGRAPHED EVIDENCE ITEM GWA-1. IT
CONTAINED 11 ONE INCH PACKETS OF WHITE POWDER. I PHOTOGRAPHED THE EVIDENCE AND
FORWARDED THEM TO COLASURDO.
ednesday 04116/03 8:00
I RECEIVED AN OFFICERS REPORT FROM DPTY HOYNE.
REPORT ADDED TO CASE FILE.
ednesday 04130/03 10:30
I SUBMITTED A LAB REQUEST TO HAVE ITEM GWA-1 ANALYSISED AT THE CRIME LAB.
ednesday 04130/03 11:02
I RECEIVED INFORMATION FROM LYNN DEAN OF THE LATENT PRINT LAB. SHE ADVISED ME THAT NO
PRINTS OF VALUE WERE FOUND ON THE SUBMITTED BAGGIES, -GWA-2.
ednesday 04130/03 11:04
I PRINTED OFF DPTY DIMMITTS FOLLOW UP OFF THE IRIS COMPUTER SYSTEM. REPORT ADDED TO CASE
FILE.
Monday 05/19/03 14:00
DPA COLASURDO AND I MET WITH WITNESS MARTINI AT HER HOME. WE DISCUSSED HER OBSERVATIONS
ND I TOOK PHOTOS OF THE CRIME SCENE FROM HER PATIO.
FOLLOWING THAT COLASURDO AND I MET WITH THE VICTIM. WE BROUGHT HIM TO THE CRIME SCENE AND
HE WALKED US THROUGH THE EVENTS OF THE SHOOTING.
ednesday 05/21/03 9:00
I EXAMINED THE VICTIM'S CARWITH DPAANDY CALOSURDO.
ednesday OS/21/03 13:35
I TOOK A STMT FROM WITNESS CHRIS BOONE.
Certification
I certify (or dedare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.
Date and Place: Signature/Agency: _
JUN.26 '03 02:21PM KCP MAJOR CRIMES
'('SHERIFF

Fax Cover Sheet
P.1/2
Criminal Investigations Division
Major Crimes Unit/Missing Persons Unit RECEIVED
Regional Justice Center
401 4
th
Ave North JUN 26 2003
Kent, Washington 98032 NORTHWEST DEFENDERSASSOOo
To: %t.I)!/ Date:
Attn: t&:// 'Fax Number:
Re:
Phone:
Fax:
Pages:
(206) 2967530 Major Crimes
(206) 296-7692 MIssing Persons
(206) 205-5120
Page 1 of 7.-
D Urgent
Subject:
[J For Review D Information o Please Reply
This facsimile transmission, and any documentS IlCCOmpanying it, may contain confidential information bclotiging to the sender and whic;h may in part of
whole be protected by Title 18. United States Section 31S3 (0) (1) and Pretrial Confidentiality RegulatioDS. Tms infonnation is intended solely tor
the \1SC oftbe individual or narned above. Ifyou not the h1tendcd recipient, you arc here by thal any disclosure, copymg, disttIbuting Or
the taking ofactiol1 ht reliance 'Upon the contents ofthe infonnatioD is prohibited. Ifyou received this transmisgion in error, notify oUt office
by telephone to arrange for tbc relurn ofthe documents trMSmitted. Thank you for your fUll cooperation.
FAX COVElt.doc
JUN 26 '03 02:21PM KCP MAJOR CRIMES
P.2/2
Business Phone
(206) 205-7810
El Continuation
ostatement
181 Officers Witness
o Officers Report
Name (last. First. Middle)
Rp... 1 TOMPKINS,SCOTT ,A
King County Sheriff
Continuation/StatementJO.. R.
Incident Number
3-082431
Date Time
6/13/03 13:23
Residence Phone
( )
Residence Address
401 4th Ave North, Rjc-104
City
KENT
state Zip
WA 98032
Occupation
DET.
Race
W II
DOB
To
CASE FILE
Via
Direct
Subject
ASSAULT
06/05/03 @ 1515 HOURS:
I CHECKED RHONDA ENCINAS OUT OF THE KING COUNTY JAIL AND BROUGJIT HER TO THE C.I.D.
OFFICE FOR AN INTERVIEW. PRIOR TO THE INTERVIEW I SERVED HER WITH ATRIAL SUBPOENA.
I TOLD RHONDA I WANTED A TRUTHFUL STATEMENT FROMHER ABOUT WHAT HAPPENED THE
NIGHT OF THE SHOOTING. RHONDA SAID THAT Sf-IE HAD DRUNKTOO MUCfI THAT NIGHT AND
HAD PASSED OUT.
INTALKING TO RHONDA SHE TOLD ME THAT SHE WAS CONCERNED ABOUT BEING AS A
SNITCH. WE TALKED I-US FOR SOME TIME AND I ASKED HERIF ANY CRIME WAS WORTH
COMING FORWARD TO THE POLICE ABOUT. SHE SAID NO. I USED BXAMPLES OF HER KIDS BEING
MOLESTED. SHE SAID SHE WOULD KILL THE GUY. BUT WOULDN'T ASSIST THE POLleE. I ASKED
HERWHAT SHE WOULD DO IF ONE OF THE JAIL GUARDS PHYSICALLY ASSAULTED HER. SHE SAID
SHE WOULD NOT COME FORWARD.
RHONDA REITERATED WHA"r SHE I{AD TOLD ME IN HER FIRST INTERVIEW, THAT PEOPLE KNOW
WHERE HERFAMILY AND CffiLDREN LIVE AND SfIE IS IN FEAR OF THAT. SHE ALSO SAID THAT
WEBER IS A ttGANGSTER" AND SHE WAS AFRAID OF IRAT.
I TOLD RHONDA THAT WE HAD WEBERS FINGERPRINTS ON BEER CANS FROM THAT NIGHT. HER
SELECTIVE MEMORY KICKED IN AND SHE RECALLED THAT THAT COULD NOT HAVE BEEN
BECAUSE SHE &tLOCKED UP AND LEFT AFTER IT l-IAPPENED".
IN THE END RHONDA TOLD ME THAT SHE PLANNED TO "TESTIFY TRUTHFULLytt AT TRIAL
1
BUT
SHE WOULD NOT TELL ME WHA UTI-IE TRUTH" WAS.
06/111O..3 @ 1240:
I HAD BEEN ADVISED BY DPA COLASUlIDO THAT DPTY MCCURDY HAD TBSTIFIED AT PRE-TRIAL
TIiAT HE HAD CONTACTED THE APARTMENT NEXT TO WHERE THE SHOOTING OCCURRED AND
FOUND THAT THEY HAD HEARD THE GUNFIRE.
I CONTACTED THE APARTMENT AND FOUND NO ONE HOME. AS 1WAS LEAVING A CAR PULLED
UP. I CONTACTED THE OCCUPANTAND FOUND THAT HE LIVED IN THE APARTMENT IN QUESTION.
I USED THE LANGUAGE LINE SERVICES TO SPEAKTO TIfE RENTER, IGNACIO VELEZ-BEJAR. HE
SAID HE WAS HOME DURING THE INCIDENT BUT HE SLEPT THROUGH IT. INGACIO SAID HIS WIFE,
ARACELI FIGUEROA HEARD TIiE GUNFIRE AND WAS CONTACTED BYTHE DEPUTIES. SHE WAS
CURRENTLYAT WORKAND THERE WAS NO WAY TO CONTACT HER. I LEFT MY CARD AND
ASKED THAT SHE CALL ME WITH TI-ffi USE OF AN INTERPRETER.
Officer(s) Reporting Serial No. Unit No. Supervisor Reviewing: Date: Copies to:
TOMPKINS, 02827 172
SCOTIA
KCP (C-I02C) 9/93 Page lof2
IZINCi C()UNTY
FOLLOW-UP
SUPPLEMENTAL
REPORT
03-082341 Page 3
103-M-1 District: K-7
03-082341
RE: STEPHANIE FISHER
ON 05/30/03 AT 1200 HOURS I MET WITH STEPHANIE FISHER IN REFERENCE TO THE
CHARLES WEBER CASE. FISHER WAS SAID TO BE AN ALffil WITNESS FOR WEBER. I MET
FISHER AT HER HOME IN SEATTLE WHERE SHE LIVES WITH HER 15-MONTH-OLD
DAUGHTER.
FISHER TOLD ME SHE UNDERSTOOD WEBER WAS BEING CHARGED WITH "SHOOTING AT
SOMEBODY", BUT SHE DIDN'T KNOW WHO. SHE SAID IT WAS HER UNDERSTANDING
THAT THE VICTIM I.D.ED WEBER BECAUSE HE WAS TOO AFRAID TO I.D THE REAL
SHOOTER. I DID NOT EXPLORE THIS REASONING.
FISHER LEARNED OF THE ARRESTED THE DAY AFTER WEBER WAS BOOKED. WEBER'S
MOM CALLED HER TO ADVISE HER OF THE ARREST. IT WAS ONLY RECENTLY THAT
FISHER WAS NOTIFIED SHE WOULD BE NEEDED AS AN ALffil WITNESS. SHE SAID HER
UNDERSTANDING WAS THAT RHONDA ENCINAS WAS GOING TO COME FORWARD TO SAY
WEBER WASN'T THERE, AND THAT SHE WOULDN'T BE NEEDED. SHE KNEW THAT
RHONDA HAD BEEN VISITING WEBER IN THE KING COUNTY JAIL AND THAT SHE WAS
TELLING WEBER SHE WAS GOING TO TELL POLICE HE WASN'T THERE. WHEN THAT
DIDN'T HAPPEN RHONDA WAS ASKED TO COME FORWARD AND BE WEBERS ALIBI FOR
THE NIGHT. SHE SAID SHE HADN'T PREVIOUSLY WANTED THE GET INVOLVED.
I ASKED FISHER WHAT SHE SAID TO WEBER'S MOTHER WHEN SHE INFORMED HER
CHARLES HAD BEEN ARRESTED FOR DOING SOMETHING HE COULD NOT HAVE DONE
BECAUSE HE WAS WITH HER. SHE SAID SHE COULDN'T REMEMBER.
AFTER GETTING THE BASIC INFORMATION OUT OF THE WAY I SPOKE WITH FISHER
ABOUT HER LIFE. I FOUND THAT SHE WAS GOING THOUGHT A DIVORCE AND CUSTODY
DISPUTE WITH HER EX-HUSBAND. WE ALSO SPOKE ABOUT HER YOUNGEST CHILD
MADISON AND HOW MUCH SHE CARED FOR HER. I THEN EXPLAINED TO HER WHAT
CRIMES OF MORAL TURPITUDE WERE AND HOW CRIMES SUCH AS THEFT, FORGERY,
EMBEZZLEMENT AND PERJURY COULD BE USED AGAINST HER IN COURT AND IN FUTURE
COURT PRECEDING. I EXPLAINED THAT THOSE ARE EXACTLY THE KINDS OF THING
ATTORNEYS WOULD LOOK FOR IN CUSTODY DISPUTES.
I THEN SPOKE TO HER ABOUT THE CRIME. I TOLD HER THAT TWO PEOPLE HAD
SELECTED WEBER FROM MONTAGES AS HAVING BEEN THERE. FURTHER THAT WE HAD
HIS FINGERPRINTS ON BEER CANS THAT WERE BOUGHT JUST THAT NIGHT. I ALSO TOLD
HER THAT ALTHOUGH RHONDA WAS SEEMINGLY SIDING WITH WEBER, SHE WOULD
MOST LIKELY TESTIFY TRUTHFULLY RATHER THAT FACE A PERJURY CHARGE.
I THEN TOLD FISHER HOW I KNEW THE FAMILY HAD PUT A LOT OF PRESSURE ON HER
ABOUT TESTIFYING AND HOW THEY PUT HER IN AN AWKWARD POSITION WITH HER
BABY. I TOLD HER THAT IF SHE PROVIDED ME WITH A TRUTHFUL STATEMENT THAT
THE ONLY WAY WEBER WOULD HEAR IT IS IF SHE TOOK THE STAND AND LIED, - AND IT
HAD TO BE USED TO IIvlPEACH HER. MY ADVICE TO HER WAS TO TELL HER FAMILY THAT
ALTHOUGH SHE LOVED CHARLES SHE COULD NOT GO THROUGH WITH PERJURYAND
THAT SHE WASN'T GOING TO TESTIFY. I TOLD HER SHE COULD LEAVE IT AT THAT, AND
NEVER HAVE TO TELL THEM SHE SPOKE TO ME OR THAT SHE TOLD ME THE TRUTH.
FISHER AGREED. SHE PROVIDED ME A TAPED STATEMENT SAYING THAT ALTHOUGH
CHARLES WEBER WAS AT HER HOUSE THE NIGHT OF THE SHOOTING, BUT THAT SHE
FAILED TO TELL HIS A'!TORNEY THAT HE DID LEAVE ON TWO OCCASIONS FOR 30-45
MINUTES EACH. FISHER SAID SHE DID NOT KNOW WHERE HE WAS DURING THAT TIME,
AND HE NEVER TOLD HER ABOUT THE SHOOTING. FISHER DOES NOT REMEMBER THE
EXACT TIME WEBER LEFT THE HOUSE, BUT RECALLS IT BEING AFTER MID-NIGHT.
SCOTT TOMPKINS, DETECTIVE
KING COUNTYMAJOR CRIMES
06/11/03 @ 1251
I CONTACTED DELTA ELECTRIC. I SPOKE WITH SERGEY CHEKHOVSKIY. HE SAID HE OPENS THE
BUSINESS AS 0700 HOURS AND ON THE MORNING OF THE SHOOTING HE WAS CONTACTED BY
SHERIFF'S DEPUTIES. HE SAID HE EXAMINED THE APPARENT BULLET MARK AND HE THINKS IT
WAS NEW. HE DOES NOT RECALL SEEING IT PRIOR, BUT ADDED THAT OTHER IN THE SHOP SAID
IT WAS THERE IN THE PAST.
SERGEY CHEKHOVSKIY
206/246-7884
fficer(s) Reporting Serial No. Unit No. Supervisor Reviewing: Date: Copies to:
)MPKINS, 02827 172
~ O T T A
P (C-I02C) 9/93 Page 2 of2
King County Sheriff's Office
911 TAPE I INFORMATION REQUEST
Date of Request: 03/19/03
I 03-82341
For a cassette copy of the Communications Center tapes relating to an incident,
please provide the following information:
KCSO Case I Incident # same as above Other # or Additional #:
Date I Time of Incident: Date: 03/18/03 Time: 0259
Date / Time of 911 Call: same as above Date: Time
Call Made From: Phone#: UNK Location:
Caller dialed 911 : ONo o Un.known
Phone Tape only o Radio Tape only DPhone & Radio Tape o CAD printout
D Hold the master tape for evidence purposes
Make the tape in: D Real time (includes time between transmissions & unrelated transmissions)
D Voice activated time (includes only recorded information about this incident)
Special Instructions: Please make a note below if there is something specific you need or are
looking for, other than the information described above. Le., transmissions between specific times or
between specific officers, etc.
ANY AND ALL PHONE CALLS ON THIS CASE.
Requester Serial # Unit # Phone #
TOMPKINS, SCOTT 02827 172 205-7810
KING COUNTY
SHERIFF
Incident - CJi2
King County Sheriff's Office
Investigative Hold Release
To Tow Company via facsimile
Tow Company:
z::;.,--
Vehicle Description:
. License /;21 tvfr-Make Model O}e
VIN J 83'8 GS6 P rt:L X22
r
'.
This fax authorizes the of the above listed vehicle'from investigative hold as of
{3(1 if hrs on Y'C# 713 .
. DATE
KCSO has notified the owner of the release of the investigative hold on the
-vehicle as noted below and is responsible for an'y' storage charges
incu'rred after transmittal of this fax.
o By Phone
o Legal Owner
Serial #. B""2/}j Z?
2.
KCSO is res.ponsible for:
1. Fees. (Check applicable box A"or B) . ,
if( A. Towing & storage charges for period vehicle on investigative.hold.
(Vehicle impounded with investigative hold for evidentiary reasons' only under Kec
46.08.040 (E) or impounded as suspected stolen later found not to
O
be stolen.)
B. Storage charges only for- vehicle on investigative hold. (Vehicle
impounded with investigative hold for all other. including suspected" stolen
vehicles under KCC 46",080.040 (0) when it is determined vehicle was stolen.)
Owner Notification. ' (Ch,?ck :applicable box)
o A. Registered owner notified of investigative hold release.
Date: . Time: How Notified: 0 In Person 0 By Phone
or
0 B. Legal owner notified of investigative hold release.
Date: Time: How Notified: 0 In Person
-4 or
C. Unable to contact/locate:. 0 Registered Owner
Release Authorized by __S __ ..... __
(Prin Name) ,
Signature: _
Send original to Records Unit with fax transmittal.sheet as attachment.
KCSO B-169 04/02
SHERIFF
IZING COUN'ry

PHOTOGRAPHIC SERVICES
REQUEST FORM
Photo Lab Number
Reorders must have Case # or Photo Lab #
Please Print Clearly
If no case number, describe subject matter
Forward To: (Officer or Sergeant NAME REQUIRED)
PRINT NAME:
CASE OR INCIDENT NUMBER
[Q] KJ-[Q] [&j [2[3] @] [Z]
Crime FCR
0- jtJ3-Jn -
Dept., Precinct or Unit Phone # ,c;, Date ('7 ,z
/'Z:re.-- . -747'0 J
Sergeants approval for RUSH
UNIT:
o Misdemeanor DV Case: Hold for KC prosecutor Pickup District Court --.; _ DOV: _
SUSPECT FULL NAME:
----------------
Please check the appropriate boxes below for services desired and fill in
the quantity boxes
DOB: _

====:;=:..L
Print Requirements Prints Per Frame Total Prints
.. ....
Special Instructions:
7/tf> >875
?1
f/r
lYl
'15
('e.z:> ;5


Released by Photo Staff (Initial) Received by (Signature)
Date $
KCSO E-147 (8/99)
(White, Yellow copy for Photolab; Pink copy returned with prints; Gold copy for Originator)

King County Sheriff's Office
911 TAPE I INFORMATION REQUEST
Date of Request: 3/19/2003
Case/Incident #: I 03-82341
For a cassette copy of the Communications Center tapes relating to an incident,
provide the following information: .
KCSO Case I Incident # [gI same as above Other # or Additional #:
Date I Time of Incident: Date: 03/18/03 Time: 0259
Date I Time of 911 Call: [gI same as above Date: Time
Call Made From: Phone #: UNK Location:
Caller dialed 911 : [gI Yes ONo o Unknown
IZI Phone Tape only o Radio Tape only o Phone & Radio Tape o CAD printout
oHold the master tape for evidence purposes
the tape in:
D Real time (includes time between transmissions & unrelated transmissions)
D Voice activated time (includes only recorded information about this incident)
Special Instructions: Please make a note below if there is something specific you need or are
looking for, other than the information described above. Le., transmissions between specific times or
between specific officers, etc.
ANY AND ALL PHONE CALLS ON THIS CASE.
Requester Serial # Unit # Phone #
TOMPKINS, SCOTT 02827 172 205-7810
Incident Location: City:
11445 DES MOINES MEM DRS SEATTLE
Zip
98168
THE SOAP.BOX
FOLLOW-UP
03-082341 Page 1
SUPPLEMENTAL
REPORT
103-M-1 District: K-7
Initial FCR Court Juvenile
103-E-0
D
And: DOW Time:
03/18/03 Tue 2:59
Incident Type:
ASSAULT,HANDGUN
KING COUNi'Y
DO NOT DISCLOSEI:
0
DomesticViolence:
D
Reported: DOW Time:
03/18/03 Tue 2:59
Occ Between: DOW Time:
03/18/03 Tue 2:59
VICTIMS, WITNESSES AND OTHER PERSONS SECTION
Set
AFIS#: SSN ST
Gang
Employer OLN
SOAP BOX LAUNDRY MA
DOB Sex
Scars, Marks & Tatoos
Occupation
OWNER
Association: Last, First Middle Phone Numbers:
CONTA
CTED CO THANH Home 253n09-0120
Alt 253/333-1516
Address
PROPERTY SECTION
Value
Value
Serial #
Serial # Model
Model
Brand
Brand rticle
rticle
D.O.C. PAPERWORK
Description
OF S-WEBER. "WECO LOCO"
Unit of Meas: Description
IN THE NAME OF CHARLES WEBER
MO
Suspect Trademarks:
Instrument:
Entry Point:
Entry Method:
PremisesType
o Aid Req 0 Weapons 0 Injury D Alcohol 0 Computer
I
Locked IOccupied ITotal Property Cost:
DO $0.00
DOom Viol D Drug D Juvenile D Gang
IREVIEW
DateSubmitted: Reporting Officer: Event Processing Status:
03/28/03 02827 Tompkins, Scott A Submitted
DateTimeReviewed: Reviewing Officer: Date Status Last Changed:
03/21/0311:13:37 A
D Aid Req D Weapons D Injury D Alcohol 0 Computer D Dom Viol D Drug D Juvenile D Gang
CASE FOLLOW-UP REPORT
Printed by: Tompkins, Scott A On: Friday 03/28/03 09:46
96-340483-A
1737785222
KING (:()UNTY
FOLLOW-UP
SUPPLEMENTAL
REPORT
03-082341 Page 2
103-M-1 District: K-7
Reporting Officers Entries Associated with this Case Follow-up Report:
Friday 03/21/03 11:02
I RECEIVED A PHONE CALL FROM MS. NYGUEN. SHE HAD RECEIVED MY PHONE CALL AND WAS CALLING
BACKTO REPORT THAT SHE HAD SOLD THE SOAP BOX LAUNDRY MAT OVER A YEAR AGO. SHE SAID THE
NEW OWNER WAS A MR. THANH CO AT 2531709-0120.
Friday 03121/03 11:15
I CALLED MR. CO, OWNER OF THE LAUNDRY MAT. HE SAID THAT HE HAD DIGITAL CAMERAS INSIDE THE
BUSINESS, BUT SOME POINT OUTSIDE. HE SAID IT IS HARD TO SEE OUTSIDE DURING THE NIGHT BUT HE
OULD CHECK THE CAMERAS AND GET BACK TO ME.
uesday 03/25/03 8:13
I SPOKE WITH SOAP BOX OWNER THANH CO. HE HAD CHECKED HIS VIDEO SYSTEM AND FOUND THAT THE
MACHINE AT COVERED OVER THE DAY IN QUESTION, -THUS NO PART OF THE CRIME WAS SEEN.
uesday 03/25/03 12:30
I EXAMINED THE VICTIM'S CAR AT AIRPORT TOWING.
I PHOTOGRAPHED THE INTERIOR AND EXTERIOR OF THE CAR AND THE DAMAGE DONE BY THE BULLETS.
HERE WERE FIVE BULLET HOLES ON THE PASSENGER SIDE OF THE VEHICLE AND BOTH REAR TIRES
ERE DEFLATED.
I USED ORANGE DOWELS TO TRACK THE PATH OF THE BULLETS THROUGH THE VEHICLE. I DID NOT FIND
NY MORE BULLETS WITH IN THE CAR, BUT SOME SUCH AS #5 I COULD NOT TRACK ALL THE WAY TO
HERE FINAL DESTINATION.
HOT 4 ENTERED THE SIDE WINDOW AT 50 INCHES OFF THE GROUND AND TRAVELED BACK TO FRONT,
HROUGH THE PASSENGERS HEADREST, SKIPPING OFF THE STEERING WHEEL BEFORE EXITING THE
FRONT WINDSHIELD.
SHOT 5 ENTERED 21 INCHES OF THE GROUND AT CLOSE TO A 90 DEGREE ANGLE AND TRAVELED SIDE-TO-
IDE THROUGH THE CAR. THE SHOT PERPETRATED THE DOOR, EXITED THE MAP POCKET ON THE INSIDE
F THE DOOR AND THEN TRAVELED THROUGH A PLASTIC PIECE COVERING THE SEAT ROLLERS. I COULD
NOT TRACK IT FURTHER.
HE FOLLOWING MEASUREMENTS ARE NOT EXACT, BUT ARE CLOSED ESTIMATES..
HOTS 1-3 GROUPED 29 INCHES OFF THE GROUND. SHOTS 2 & 3 TRAVELED FROM BACKTO FRONT WITH
N LOWANGLE TOWARDS THE DRIVERS SEAT. SHOT 1 HIT WITH MORE OF A 90 DEGREE ANGLE WITH A
DOWNWARD TRAVEL.
I DID NOT FIND ANY WEAPONS OR OTHER CONTRABAND IN THE VEHICLE.
FTER THE EXAM I RELEASED THE POLICE HOLD ON THE CAR AND CALLED THE VICTIM TO COME PICK IT
UP.
uesday 03/25/03 14:25
UDGE PHILLIPSON SIGNED A SEARCH WARRANT ALLOWING FOR A SEARCH OF THE SUSPECT VEHICLE.
ednesday 03/26/03 12:25
I ARRIVED AT THE TOW LOT TO SEARCH THE SUSPECT VEHICLE. I EXAMINED THE CAR AND ALL OF THE
EVIDENCE STICKERS PUT IN PLACE BY THE ARRESTING DEPUTIES WERE STILL IN PLACE.
SH'ERIFF K-7
I PHOTOGRAPHED THE CAR INSIDE AND OUT. I SEARCHED THE CAR AND DID NOT FIND ANY WEAPONS.
RECOVERED A PHOTO OF S-WEBER IN THE GLOVE BOX. ON THE BACK OF THE PHOTO THE MONIKER
'WEDO LOCO" WAS WRITTEN. I ALSO RECOVERED D.O.C. PAPERWORK IN WEBERS NAME FROM THE
DASHBOARD.
HERE WAS ONLY ONE KEY FOR THE CAR. IT FIT THE IGNITION, BUT NOT THE TRUNK. I FORCED THE
RUNK OPEN IN ORDER TO SEARCH IT.
Friday 03/28/03 9:43
DDITIONAL FOLLOW UP SENT TO PROSECUTORS OFFICE.
Summary/Conclusion:
CASE CLOSE.
dditional Attachments/Reports Associated with this Incident/Follow-up Report:
A-102 Master Evidence Report Thursday 03/27/03 Active
Certification
I certify (or declare) under penalty of perjury under the laws at-the State of Washington that the foregoing is true and correct.
Date and Place: SignatureJAgency:. _
END OF REPORT