I, Augustine Patrick Clark (“Declarant”), am a resident of Lynwood, County of Los Angeles, State of California, and do hereby certify, swear or affirm, and declare that I am competent to give the following declaration based on my personal knowledge, unless otherwise stated, and that the following facts and things are true and correct to the best of my knowledge:
Last night I was on Josephine at about nine o’clock in the evening. I was feeling very sick from drug withdrawals and was just trying to get to see Scrappy. She lives down the block. I knew she could help me feel better. I knew it was a bad idea but I was feeling very ill.
I did not see anyone else on the street at that time.
I visited Scrappy and she came out of the house to meet me on the lawn. We had an altercation. She punched and kicked me because I should not have gone to her mother’s house at night. I understood but I wasn’t feeling good. I explained that to her. I told her I needed her help to feel better.
I got what I needed after that and I was walking back to the place where I stay. I was walking for not even a minute when I heard someone yell out “Scrap” and I turned back and looked at Scrappy’s house. Scrappy was still standing in the front yard and she was looking up to where somebody called her name.
I saw Wizard on the sidewalk holding a gun and aiming it at Scrappy. Next to Wizard was another person I recognized. His name is Dreamer. Dreamer was wearing a yellow Lakers sweatshirt and I could see it even in the night because it was so bright. Wizard and Dreamer are in a gang together and Scrappy is in a different gang.
Wizard shot the gun three times at Scrappy as he walked closer to her. The first shot was from the sidewalk. Approximately twenty feet away. The second shot was from the grass. Approximately ten feet away. The third shot came when he was standing approximately four feet away from her. She was already on the ground then. So he shot down on her.
I watched Wizard hand the gun to Dreamer, and Dreamer put it in the front pouch of his sweatshirt. After that, they both ran away. They got in a car that was parked up the block and drove off slow like they hadn’t done anything but they did.
I was worried Scrappy was dead and I ran to her when I could see I wasn’t in danger.
I could see that Scrappy had been shot in the leg. She had also been shot in the stomach. And also near the neck.
I was in the Navy so I know what to do in emergencies.
I put Scrappy’s hands on her stomach and told her to put pressure there.
I saw how there was a knife on the grass. I don’t know whose it was but I thought it was Scrappy’s. I opened this knife and I cut away some of her left jeans leg. I used a strip of this to create a tourniquet for her leg. I tied that on tight. She was moaning. She was in a lot of pain.
She also said “Motherfucking Wizard” because she knew he shot her too.
Her mother had heard the shots and opened the door then and I told her in Spanish to call for an ambulance. She went back into the house to do that.
After that there wasn’t really anything I could do and I was really scared. I didn’t want to be there when the ambulance and sheriffs came. So I ran away.
I swear that the above information I have provided is true and complete.
WITNESS my signature this 7th day of December 1993.
Signature of Declarant
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES
The undersigned, certifying upon information and belief, complains that in the County of Los Angeles, State of California, the defendants committed the following crimes:
COUNT 1 (Pen. Code § 182, Sub. (a))
CONSPIRACY TO COMMIT A CRIME
That on or about December 6, 1993, in the County of Los Angeles, State of California, OMAR TAVIRA and JACOB SAFULU did knowingly and unlawfully conspire between themselves and also with other persons whose identities are unknown to commit the crime of Murder, in violation of Penal Code Section 182, subsection (a), a felony.
The object of the conspiracy was to murder LUCRECIA LUCERO, a human being, for her participation in criminal activities, specifically the sale of illegal narcotics, for a rival street gang.
Thereafter, in the County of Los Angeles, pursuant to the above conspiracy, and in furtherance of the object thereof, the following acts were committed:
OVERT ACT NUMBER 1
On or about December 6, 1993, Omar Tavira, then on parole, did unlawfully obtain an unregistered firearm for the purposes of murdering LUCRECIA LUCERO, a human being.
OVERT ACT NUMBER 2
On or about December 6, 1993, Omar Tavira did enlist the help of Jacob Safulu to participate by driving the escape vehicle so that he could discharge said unregistered firearm with the express purpose of murdering Lucrecia Lucero, a human being.
OVERT ACT NUMBER 3
On or about December 6, 1993, Omar Tavira and Jacob Safulu went to Lucrecia Lucero’s residence in the city of Lynwood for the willful, deliberate, and premeditated purpose of murder.
COUNT 2 (Pen. Code § 664/187, Sub. (a))
ATTEMPTED WILLFUL, DELIBERATE, AND PREMEDITATED MURDER
On or about December 6, 1993, in the County of Los Angeles, State of California, OMAR TAVIRA and JACOB SAFULU did willfully, unlawfully, and with malice aforethought attempt to murder LUCRECIA LUCERO, a human being, in violation of Penal Code Section 664/187(a), a felony.
It is further alleged that the aforesaid offense of attempted murder was committed willfully, deliberately, and with premeditation within the meaning of Penal Code section 664(a).
It is further alleged as to count 2 that said Omar Tavira personally and intentionally discharged a firearm, a handgun, which caused great bodily injury to Lucrecia Lucero within the meaning of Penal Code Section 12022.53(d) also causing the above offense to become a violent felony within the meaning of Penal Code Sections 667.5(c)(8).
COUNT 3 (Pen. Code § 245, Sub. (a)(2))
ASSAULT WITH A DEADLY WEAPON (FIREARM)
On December 6, 1993, at approximately 9:30 p.m., in the County of Los Angeles, State of California, OMAR TAVIRA and JACOB SAFULU did willfully, unlawfully, and with malice aforethought commit the crime of Assault with a Deadly Weapon, employing a handgun, in violation of Penal Code Section 245(a)(2), a felony.
It is further alleged that the aforesaid offense is a violent felony within the meaning of Penal Code Sections 667.5(c)(8) and 667.5(c)(12).
COUNT 4 (Pen. Code § 206)
MAYHEM
On December 6, 1993, at approximately 9:30 p.m., in the County of Los Angeles, State of California, OMAR TAVIRA and JACOB SAFULU did willfully, knowingly, and with malice aforethought inflict cruel or extreme pain for the purposes of revenge or persuasion by discharging a firearm three times at LUCRECIA LUCERO, a human being, thereby committing the crime of Mayhem, in violation of Penal Code Section 206, a felony.
Executed this day of December 8, 1993, at Los Angeles, California.
Deputy Attorney General
Based on the forgoing complaint, and the Affidavit in Support of Arrest Warrant filed by Detective William Montero on December 7, 1993, I find there is probable cause for the issuance of a warrant of arrest for the above-named defendant(s).
