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SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT

The undersigned is informed and believes that:

COUNT 1

On or about January 1, 2002, in the above named judicial district, the crime of GRAND THEFT BY EMBEZZLEMENT, in violation of PENAL CODE SECTION 487(a), a felony, was committed by Gerard Lucien Davis, who on and between June 1999 and June 2001, and while said defendant(s) was an agent, servant, and employee of AFGE AFL-CIO Local 1227, did unlawfully take from said AFGE AFL-CIO Local 1227 money and personal property of a value exceeding Four Hundred Dollars ($400).

It is further alleged as to count(s) 1 that the said embezzlement and defalcation was of the public funds of the AFGE, AFL-CIO Local 1227 within the meaning of Penal Code Section 514.

NOTICE TO DEFENDANT AND DEFENDANT’S ATTORNEY

Pursuant to Penal Code Sections 1054.5.(b), the People are hereby informally requesting that defense counsel provide discovery to the People as required by Penal Code Section 1054.3.

NOTICE TO ATTORNEY

The materials accompanying this notice may include information about witnesses. If so, these materials are disclosed to you pursuant to Penal Code section 1054.2 which provides: “No attorney may disclose or permit to be disclosed to a defendant the address or telephone number of a victim or witness whose name is disclosed to the attorney pursuant to subdivision (a) of Section 1054.1 unless specifically permitted to do so by the court after a hearing and a showing of good cause.”

Further, attached hereto and incorporated herein are official reports and documents of a law enforcement agency which the undersigned believes establish probable cause for the arrest of defendant(s) Gerard Lucien Davis, for the above-listed crimes. Wherefore, a warrant of arrest is requested for Gerard Lucien Davis.

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT AND THAT THIS COMPLAINT CONSISTS OF 1 COUNT(S).

Executed at San Bernardino, California, on May 15, 2003.

Michael O’Connell
______________________________
Michael O’Connell
DECLARANT AND COMPLAINANT

SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT

Declaration of MICHAEL O’CONNELL

I, Michael O’Connell, declare and state as follows:

1. I am the Complainant in the above-entitled case. It is in that capacity that I submit this declaration and I do so for the purpose of obtaining an arrest warrant for the arrest of Gerard Lucien Davis, hereinafter referred to as “the accused”;
2. There is probable cause to believe that, on or about the date(s) indicated, the accused committed the crime(s) of PC487(a);
3. The said probable cause is exhibited in the official law enforcement reports prepared regarding the matter, a true copy of the pertinent parts of which is attached hereto and incorporated herein by reference;
4. I am informed, and on the basis of such information I believe that the conduct of the accused and the circumstances which give probable cause to believe that the accused committed the crime(s) listed in paragraph number 2 hereof were personally observed by the person(s) whose statements regarding such crime(s) are contained in the said incorporated reports, and that the facts relating the source and reliability of such statements are as set forth in those reports;
5. A description of the accused appears in the said incorporated reports;
6. A complaint charging the accused with the crime(s) listed in paragraph number 2 thereof is outstanding.

WHEREFORE, your declarant prays that this court issue its warrant directing the arrest of the accused.

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE ABOVE IS TRUE AND CORRECT AND THAT THIS DECLARATION WAS EXECUTED ON MAY 15, 2003, AT SAN BERNARDINO, CALIFORNIA.

Michael O’Connell
_______________________________
Michael O’Connell

County of San Bernardino
Office of the District Attorney
MICHAEL A. RAMOS, District Attorney

May 15, 2003

Gerard Lucien Davis

Re: DA Case No: 2003-00-0025061 DR No/Citation No: 52012342

Dear Gerard Lucien Davis:

On 5/14/2003, a complaint was filed against you for violation of PC487(a) GRAND THEFT BY EMBEZZLEMENT.

This letter is to advise you that you must appear for arraignment on 6/24/2003 at 08:00 AM, at the Superior Court of California, County of San Bernardino located at San Bernardino 351 N Arrowhead Ave San Bernardino, CA 92415-0240.

If you were arrested and posted bail, or were released on your own recognizance, and given a date to appear in court, you must appear on that date, or on any later date ordered. If you were not given a date to appear as a result of your release on bail or an own recognizance release, you must appear on the above date.

If you fail to appear, a warrant will be issued for your arrest.

Sincerely,

MICHAEL A. RAMOS
District Attorney

By: Michael O’Connell

Michael O’Connell
Deputy District Attorney

316 N Mountain View Ave.
San Bernardino, CA 92415-0004
Telephone: (909) 387-8309
Fax: (909) 387-6444
E-mail address: da@da.sbcounty.gov
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