Crim Complaint Mosby

8/12/2019 Crim Complaint Mosby

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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINOSAN BERNARDINO JUSTICE CENTER DISTRICT

THE PEOPLE OF THE STATE OF CALIFORNIA,

Plaintiff

vs.

Martin Ahmad Mosby ,David Lee Brass

Defendant

))))))))))))

COURT CASE NO

FELONY COMPLAINT

DA CASE NO 2014-00-0035772

The undersigned is informed and believes that:

COUNT 1

On or about July 11, 2014, in the above named judicial district, the crime of GROSS

VEHICULAR MANSLAUGHTER WHILE INTOXICATED, in violation of PENAL CODE SECTION

191.5(a), a felony, was committed by Martin Ahmad Mosby, who did unlawfully, and without

malice, kill Samantha Tarabay , a human being, while driving a vehicle in violation of Vehicle Code

sections 23140, 23152 and 23153 and said killing was the proximate result of the commission of

an unlawful act, not amounting to a felony, and with gross negligence; and the proximate result of

the commission of a lawful act which might have produced death, in an unlawful manner, and with

gross negligence.

NOTICE: The above offense is a serious felony within the meaning of Penal Code Section

1192.7(c) and 1192.8(a).

*****

COUNT 2On or about July 11, 2014, in the above named judicial district, the crime of LEAVING THE

SCENE OF AN ACCIDENT, in violation of VEHICLE CODE SECTION 20001(a), a felony, was

committed by Martin Ahmad Mosby, who did unlawfully, and knowingly, being a driver of a vehicle

involved in an accident resulting in injury to a person other than himself/herself, fail, refuse, and

neglect to give to the injured person and to a traffic and police officer at the scene of the accident

Page 1Complaint DA CASE NO: 2014-00-0035772


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his/her name and address, the registration number of his/her vehicle, and the name of the owner of

said vehicle; to exhibit his/her operator's license; to render reasonable assistance to the injured

person; and perform the duties specified in Vehicle Code Sections 20003 and 20004.

*****

COUNT 3

On or about July 11, 2014, in the above named judicial district, the crime of DRIVING

UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE CAUSING INJURY, in violation of

VEHICLE CODE SECTION 23153(a), a felony, was committed by Martin Ahmad Mosby, who ,

while under the influence of an alcoholic beverage, drove a vehicle and concurrently did an act

forbidden by law, and/or neglected a duty imposed by law in driving the vehicle, which act and/or

neglect proximately caused bodily injury to Amber Tarabay .

It is further alleged as to count(s) 3, 4, that in the commission of the above offense the said

defendant(s) Martin Ahmad Mosby, personally inflicted great bodily injury upon Amber Tarabay ,

not an accomplice to the above offense, within the meaning of Penal Code Section 12022.7(a) and

also causing the above offense to become a serious felony within the meaning of Penal Code

Section 1192.7(c)(8).

*****

COUNT 4

On or about July 11, 2014, in the above named judicial district, the crime of DRIVING WITH

A .08% BLOOD ALCOHOL CONTENT CAUSING INJURY, in violation of VEHICLE CODE

SECTION 23153(b), a felony, was committed by Martin Ahmad Mosby, who did, while having a

0.08 percent or more, by weight, of alcohol in his blood, drive a vehicle and concurrently did an act


neglect proximately caused bodily injury to Amber Tarabay .

It is further alleged as to count(s) 3, 4, that in the commission of the above offense the said

defendant(s) Martin Ahmad Mosby, personally inflicted great bodily injury upon Amber Tarabay ,



Section 1192.7(c)(8).



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*****

COUNT 5

On or about July 11, 2014, in the above named judicial district, the crime of DRIVING

UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE CAUSING INJURY, in violation of

VEHICLE CODE SECTION 23153(a), a felony, was committed by Martin Ahmad Mosby, who ,

while under the influence of an alcoholic beverage, drove a vehicle and concurrently did an act


neglect proximately caused bodily injury to Tiffany Tarabay .

It is further alleged as to count(s),5, 6 that in the commission of the above offense the said

defendant(s) Martin Ahmad Mosby, personally inflicted great bodily injury upon Tiffany Tarabay ,



Section 1192.7(c)(8).

*****

COUNT 6

On or about July 11, 2014, in the above named judicial district, the crime of DRIVING WITH

A .08% BLOOD ALCOHOL CONTENT CAUSING INJURY, in violation of VEHICLE CODE

SECTION 23153(b), a felony, was committed by Martin Ahmad Mosby, who did, while having a

0.08 percent or more, by weight, of alcohol in his blood, drive a vehicle and concurrently did an act


neglect proximately caused bodily injury to Tiffany Tarabay .

It is further alleged as to count(s) 5, 6 that in the commission of the above offense the said

defendant(s) Martin Ahmad Mosby, personally inflicted great bodily injury upon Tiffany Tarabay ,



Section 1192.7(c)(8).

*****

COUNT 7



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On or about July 11, 2014, in the above named judicial district, the crime of ACCESSORY

AFTER THE FACT-(KNOWLEDGE OF CRIME), in violation of PENAL CODE SECTION 32, a

felony, was committed by David Lee Brass, who unlawfully, having knowledge that the crime of

Leaving the scene of a fatal crash, a felony, in violation of Section 20001 of the Vehicle Code of

the State of California had been committed by Martin Mosby, did harbor, conceal, and aid said

Martin Mosby, with the intent that he/she might avoid and escape from arrest, trial, conviction, and

punishment for said felony.

*****

* * * * *

NOTICE TO DEFENDANT AND DEFENDANTS 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 ATTORNEYThe 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."

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND

CORRECT AND THAT THIS COMPLAINT CONSISTS OF 7 COUNT(S).

Executed at San Bernardino, California, on July 15, 2014.

BHouser

BHouserDECLARANT AND COMPLAINANT

Agency: San Bernardino Police Department Prelim Est. 00:00



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Documents

Crim Complaint Mosby