#23-CM-0035, State of San Andreas v. Tony Fontaine

Dlo
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#23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Dlo »

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Defendant Name: Tony Fontaine
Defendant Phone: 298-8198
Defendant Address: Eclipse Towers
(( Defendant Discord: Dlo#0001 ))
Requested Attorney: Yes
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Charging Department: HERE
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Date & Time of Incident(s): 17/Jan/2023 19:00
Charge(s):
  • Unlawful Assembly, Failure to Comply, Face Concealment, Resisting Arrest, Evading an officer, Grand theft auto of gov employee, speeding 3rd degree
Narrative:
I just got done playing poker and I went down to the high end. I went down there to put my Elegy RH8 on the market. Upon arriving the marketplace is full. I parked my car on the side of the lot and added a note onto the car stating its for sale with my phone number. Upon this a cop cruiser pulls up and demands me to get inside the car (they have a gun). I hop into the car and they start driving crazy. End of story, they drive over spike strips and I get out of the back seat of the car and start limping around the corner. I was concussed in the crash. An officer comes around the corner and am told to get down. I get down and comply with all demands. The officers suspended my license? and then took me to jail right away. (all within 5 minutes). I constantly told the officers I was being held hostage, but no one listened and they just took me right to jail. I requested lawyer, but there is non that could come? This is crazy. I get into the city to play poker and sell my car and I end up in jail for complying. I comply with the criminals and get thrown into jail as an innocent man. I am in jail for over 200 days, and was not told what I did, other then that I have four charges. I was put into jail for no reason, other then being held hostage in the back seat of the car. I was unlawfully jailed.



I, Tony Fontaine, hereby affirm that all information provided above is true and correct to the best of my knowledge, and understand that knowingly providing false information could result in additional charges and/or fines. (( I affirm that all information submitted has been obtained via In-Character means. ))
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Roderick Marchisio
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Re: State of San Andreas v. Tony Fontaine

Post by Roderick Marchisio »

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San Andreas Judicial Branch

Re: State of San Andreas v. Tony Fontaine
"HERE FOR YOU | SAFE FOR YOU"

  • To whom it may concern,

    The purpose of this notice is to inform you that as of this moment I, Roderick Marchisio, will be representing the State of San Andreas in all the proceedings pertaining to the underlying case.

    I will take it upon myself to reach out to the involved parties to collect and review all evidence in relation to the underlying case to ensure a proper and smooth continuation of this process.

Respectfully,


Deputy Attorney General
San Andreas Judicial Branch
(909) 372-7719 — [email protected]
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Judith Mason
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Re: State of San Andreas v. Tony Fontaine

Post by Judith Mason »

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San Andreas Judicial Branch
Superior Court of San Andreas

"EQUAL JUSTICE UNDER LAW"

NOTICE OF RECEIPT


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Tony Fontaine

The court has hereby received and acknowledged the above case on 22 January, 2023.


The Superior Court of San Andreas has received your filing and the case is now pending activation. Be advised that the court system runs on a first-come, first-served basis and will only activate cases out of order for special circumstances.

During this time, the defendant is encouraged to reach out to a licensed defense attorney in order to prepare a proper defense, otherwise, a court-appointed attorney will be assigned to the case upon its activation.

The defendant is further encouraged to speak with an authorized individual at Rockford Hills City Hall, Mission Row Police Station, or Paleto Bay Sheriff's Office for official clarification on the specific charges received and their respective date and times, as once the case has been activated, any omitted charges will be considered abandoned and unable to be disputed within this case.


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Dlo
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Re: State of San Andreas v. Tony Fontaine

Post by Dlo »

Awesome thank you for the updates.
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Guilherme Tavares
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Re: State of San Andreas v. Tony Fontaine

Post by Guilherme Tavares »

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San Andreas Judicial Branch
Re: State of San Andreas v. Tony Fontaine

"EQUAL JUSTICE UNDER LAW"

  • To whom it may concern,

    I, Junior Prosecuting Attorney Guilherme Tavares, will be co-counseling with Deputy Attorney General Roderick Marchisio, and will be representing the State of San Andreas in all the proceedings pertaining to the underlying case.

    Respectfully,

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    Junior Prosecuting Attorney
    San Andreas Judicial Branch
    (909) 328-1508 — [email protected]
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Retired Image POLICE DETECTIVE I Guilherme Tavares
Former Robbery-Homicide Detective, Major Crimes Division
Former Commanding Officer, Firearms and Licensing Division
Los Santos Police Department — "To Protect and to Serve"
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San Andreas Judicial Branch — "Equal Justice Under Law"
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Dlo
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Re: State of San Andreas v. Tony Fontaine

Post by Dlo »

Status updates?
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Hugh Allgood
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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Hugh Allgood »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTICE OF ACTIVATION


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Tony Fontaine
#23-CM-0035

A Notice of Activation was entered in the above case on 8th of March, 2023.


The case of the State of San Andreas v. Tony Fontaine is hereby activated by this Court under #23-CM-0035.

At this time the State has adequate representation, however, the Defendant is still seeking representation. At this time the court will delay the Order for Discovery until adequate representation has been assigned and they inform the court they are ready to proceed.


Superior Court Judge
San Andreas Judicial Branch
(909) 235-6076 — [email protected]
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Cyrus Raven
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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Cyrus Raven »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTIFICATION OF COUNSEL


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Tony Fontaine

A Notification of Counsel was filed in the above case on the 19th of March, 2023.


I, Cyrus Raven, a Public Defense Attorney with the San Andreas Judicial Branch, will be representing the Defendant, Tony Fontaine in the underlying case.

I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge.


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Oscar Sparrowhill
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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Oscar Sparrowhill »

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San Andreas Judicial Branch

Docket Notice
"HERE FOR YOU | SAFE FOR YOU"

  • To whom it may concern,

    I, Junior Defense Attorney Oscar Sparrowhill, will be co-counselling with Cyrus Raven and representing the defendant Tony Fontaine in this case.

    Respectfully,

    OSCAR SPARROWHILL
    Junior Defense Attorney
    San Andreas Judicial Branch
    465-8380 — [email protected]
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Hugh Allgood
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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Hugh Allgood »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

ORDER FOR DISCOVERY


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Tony Fontaine
#23-CM-0035

A court order was entered in the above case on the 20th day of March, 2023.


The case of the State of San Andreas v. Tony Fontaine, #23-CM-0035 is hereby opened and acknowledged by the Court.

The prosecution is hereby ordered to provide all evidence collected from the arresting Law Enforcement Agency and submit it to the Court via Motion for Discovery within seven days. If additional time is needed, the prosecution can file a Motion for Continuance.

Once evidence has been submitted to the official docket the defense can begin filing motions.




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San Andreas Judicial Branch
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Roderick Marchisio
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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Roderick Marchisio »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION FOR DISCOVERY


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Tony Fontaine
#23-CM-0035

A Motion for Discovery was filed in the above case on the 24th Day of March, 2023.


The State of San Andreas, by and through the undersigned attorney, filed this Motion for Discovery, and presents the following as evidence;



  • Exhibit #1: Arrest Report Tony Fontaine, Los Santos Police Department
    Spoiler
    All Information from the Discovery The arrest report of the Defendant as provided by Police Detective I Sayaka Yukimura of the Los Santos Police Department. Within, it is indicated that the Defendant was arrested following a pursuit that started after the Defendant stole a police cruiser, property of the Los Santos Police Department. It is detailed that the Defendant was involved in a Motor Vehicle Accident, after which he proceeded to run away from the aforementioned accident location and the pursuing Police Officers while masked, surrendering to the Officers which had placed the Defendant at gun-point.
    Tony Fontaine Arrest Report - 17/JAN/2023
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    Los Santos Police Department

    ARREST REPORT
    "TO PROTECT AND TO SERVE"

    MUGSHOT
    • SUSPECT DETAILS
      • Full Name: Tony Fontaine
        Phone Number: 2988198
        Licenses Suspended: Yes
        Officers Involved:
        • Police Detective I Sayaka Yukimura
        • Police Officer III+1 Joseph Sanchez
        Charges:
        • GM10 - Failure to Comply / Identify
        • GM19 - Face Concealment (b)
        • GM04 - Resisting Arrest
        • GF11 - Grand Theft Auto of a Gov. Employee
        • VF01 - Evading an Officer
        • NM03 - Unlawful Assembly
      INCIDENT NARRATIVE
      • Explain what happened, sufficient detail must be given to justify the placed charges, videos could be provided.
        • Mr. Fontaine was in a stolen police cruiser, and ran once it crashed. He was masked, and eventually surrendered at gunpoint. Officer Sanchez placed the charges and I came and cuffed, and searched Tony.
      EVIDENCE DETAILS
      • Document the possessions confiscated from the arrested suspect.
        Possessions are to be documented individually, examples of documented illegal possessions are "Pistol .50" or "12 grams of Cocaine". Legal possessions that can be categorized may be grouped, eg. "Clothing" to describe all clothing items. Body camera footage/pictures may be attached as an evidence exhibit.

        Where possible, the serial number of each firearm seized as evidence should be noted.
        • Illegal Possessions:
          Exhibit A: Worn Mask


          Legal Possessions:
          Exhibit A: Radio (557 freq)
          Exhibit B: Crowbar

          Photograph of Possessions (MANDATORY)
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    Exhibit #2: Witness Statement Joseph Sanchez, Los Santos Police Department
    Police Officer III+1 J. Sanchez's Statement
    All Information from the Discovery The witness statement as provided by Police Officer III+1 Joseph Sanchez with the Los Santos Police Department.
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      San Andreas Judicial Branch
      Official Witness Statement
      "HERE FOR YOU | SAFE FOR YOU"
      Case Information
      • Incident Date: 17/JAN/2023
      Witness Information
      • Name: Joseph Sanchez
        Date of Birth: 20/APR/2000
        Phone Number: REDACTED
        Occupation: Element Leader, Metropolitan Division SWAT, Los Santos Police Department
      Witness Statement
      • Tony Fontaine was arrested for being a passenger of a stolen Police Scout with three other occupants. When we began to pursue the vehicle, we got shot at from the windows. The stolen cruiser stalled on Popular Street. Two armed suspects remained seated while the driver of the vehicle and Tony Fontaine ran away on foot.

        While Tony Fontaine did claim to be kidnapped, he chose to run away on foot from law enforcement and ignore multiple demands, almost making a joke out of it. He was at this point under no threat, even if the other suspects in the vehicle allegedly held him at gunpoint. His actions were his free choice to run away on foot and try to escape me. He ran in circles around a shipment container while trying to run away from me, then he ran away on foot back to the street before he surrendered. While he was at gunpoint and on his knees, he callouts over his radio, "Yo guys, back alley, one guy" referring to me being alone. With all of the running & giving callouts over a radio in mind, he was far from compliant.

        I don't know if the driver had a gun, but two of the other passengers had guns and the Tony Fontaine did not.
      Witness Affirmation
      • I, Joseph Sanchez, affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coercion. ((I affirm that all information submitted has been obtained via In-Character means.))

        Best Regards,

        Police Officer III+1 Joseph Sanchez
        Element Leader, Metropolitan Division
        Special Operations Bureau
        Los Santos Police Department

        Date: 21/JAN/2023
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    Exhibit #3: Witness Statement Sayaka Yukimura, Los Santos Police Department
    Police Detective I S. Yukimura's Statement
    All Information from the Discovery The witness statement as provided by Police Detective I Sayaka Yukimura with the Los Santos Police Department.
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      San Andreas Judicial Branch
      Official Witness Statement
      "HERE FOR YOU | SAFE FOR YOU"
      Case Information
      • Incident Date: 17/JAN/2023
      Witness Information
      • Name: Sayaka Yukimura
        Date of Birth: 22/DEC/1990
        Phone Number: On File
        Occupation: Detective I, Los Santos Police Department
      Witness Statement
      • I was part of the pursuit of a stolen cop car, in the passenger seat with my partner Captain Jaxon Nash. I was originally dropped off at the scene of the driver, Becks Hirano who was running on foot with a knife out. She went up a ladder, attempted to stab an Officer and then neutralized by SWAT.

        At this point, Officer Joseph Sanchez radio'd for backup, saying he had another suspect at gunpoint, so I was driven over and cuffed Mr, Fontaine and read him his rights. We were in an alleyway not near the stolen cruiser, so I had to walk him back to the original scene where the cruisers were after searching him, and removing his mask, radio and crowbar.

        I had asked to use the radio frequencies to confirm affiliation with the driver, but Officer Sanchez was confident in his affiliation and placed the charges. I added unlawful assembly to the charges as well, after discussion over police radio.

        The four that were in the car, and confirmed via arrest reports, were:
        Tony Fontaine
        Becks Hirano (driver)
        Conor Petrucci (armed passenger)
        Darius Baker (armed passenger)
      Witness Affirmation
      • I, Sayaka Yukimura, affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coercion. ((I affirm that all information submitted has been obtained via In-Character means.))

        Signed,

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        Sayaka Yukimura
        Detective I, Major Crimes Division
        Los Santos Police Department

        Date: 21/JAN/2023
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    Exhibit #4: Arrest Report Darius Baker, Los Santos Police Department
    Spoiler
    All Information from the Discovery The arrest report of Mr. Baker as provided by Police Detective I Samuel Martin of the Los Santos Police Department. Within, it is indicated that Mr. Bakerwas arrested following a pursuit that started after Mr. Baker stole a police cruiser, property of the Los Santos Police Department. It is detailed that Mr. Baker was involved in a shot exchange with the Los Santos Police Department, after which he proceeded to be arrested.
    Darius Baker Arrest Report - 18/JAN/2023

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    Los Santos Police Department

    ARREST REPORT
    "TO PROTECT AND TO SERVE"

    MUGSHOT
    • SUSPECT DETAILS
      • Full Name: Darius Baker
        Phone Number: 2377270
        Licenses Suspended: Yes
        Officers Involved:
        • Police Detective I Samuel Martin
        • Police Officer III+1 Joseph Sanchez
        • Police Sergeant II Bill Breacher
        • Police Officer III Coral Lafleur
        Charges:
        • VF01 - Evading an Officer
        • GM19 - Face Concealment (b)
        • WF02 - Shooting from a Vehicle (Drive-By) of a Gov. Employee
        • Attempted SF02 - Murder of a Gov. Employee
        • NM03 - Unlawful Assembly
        • WF03 - Possession of Illegal Firearms/Weapons
        • GF11 - Grand Theft Auto of a Gov. Employee
      INCIDENT NARRATIVE
      • Explain what happened, sufficient detail must be given to justify the placed charges, videos could be provided.
        • The suspect, Darius Baker, was part of a group of four in a stolen police scout. Darius was the front right passenger in the scout. Darius opened fire on officers from the vehicle. The vehicle was shot back. Samuel secured the injured male and treated him. The suspect was taken to DOC.
      EVIDENCE DETAILS
      • Document the possessions confiscated from the arrested suspect.
        Possessions are to be documented individually, examples of documented illegal possessions are "Pistol .50" or "12 grams of Cocaine". Legal possessions that can be categorized may be grouped, eg. "Clothing" to describe all clothing items. Body camera footage/pictures may be attached as an evidence exhibit.

        Where possible, the serial number of each firearm seized as evidence should be noted.
        • Illegal Possessions:
          Exhibit A: 1x Pistol .50
          Exhibit B: 1x Mask


          Legal Possessions:
          Exhibit A: 1x Screwdriver
          Exhibit B: 4x lockpicks
          Exhibit C: 2x GPS
          Exhibit D: 1x Map

          Photograph of Possessions (MANDATORY)
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    Exhibit #5: Arrest Report Conor Petrucci, Los Santos Police Department
    Spoiler
    All Information from the Discovery The arrest report of Mr. Petrucci as provided by Police Sergeant II Bill Breacher of the Los Santos Police Department. Within, it is indicated that Mr. Petrucci was arrested following a pursuit that started after Mr. Petrucci stole a police cruiser, property of the Los Santos Police Department. It is detailed that Mr. Petrucci was in possession of an illegal firearm and was injured in a gunfight, however, further investigation revealed he had not been involved in a shot exchange with the Los Santos Police Department.
    Conor Petrucci Arrest Report - 18/JAN/2023
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    Los Santos Police Department

    ARREST REPORT
    "TO PROTECT AND TO SERVE"

    MUGSHOT
    • SUSPECT DETAILS
      • Full Name: Conor Petrucci
        Phone Number: 4689861
        Licenses Suspended: Yes
        Officers Involved:
        • Police Sergeant II Bill Breacher
        • Police Officer III Tyrell Lee
        • Police Captain I Jaxon Nash
        • Police Officer III+1 Joseph Sanchez
        • Police Detective I Samuel Martin
        Charges:
        • VF01 - Evading an Officer
        • NM03 - Unlawful Assembly
        • GM19 - Face Concealment (b)
        • GF11 - Grand Theft Auto of a Gov. Employee
        • WF03 - Possession of Illegal Firearms/Weapons
      INCIDENT NARRATIVE
      • Explain what happened, sufficient detail must be given to justify the placed charges, videos could be provided.
        • Connor was with a group of 4 occupants in a stolen police scout evading from police. The at least one of the occupants began shooting at officers during the pursuit. The driver crashed and two of the occupants were shot and incapacitated by officers, the other two ran on foot. Connor was one of the occupants with a gun in the car that was shot down. He was later found to not have fired his gun, although it was illegal.
      EVIDENCE DETAILS
      • Document the possessions confiscated from the arrested suspect.
        Possessions are to be documented individually, examples of documented illegal possessions are "Pistol .50" or "12 grams of Cocaine". Legal possessions that can be categorized may be grouped, eg. "Clothing" to describe all clothing items. Body camera footage/pictures may be attached as an evidence exhibit.

        Where possible, the serial number of each firearm seized as evidence should be noted.
        • Illegal Possessions:
          Exhibit A: Pistol .50 SN: 1673912767743
          Exhibit B: Bandana Mask


          Legal Possessions:
          Exhibit A: Watch, gold necklace, empty water 2x, radio

          Photograph of Possessions (MANDATORY)
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    Exhibit #6: Arrest Report Becks Hirano, Los Santos Police Department
    Spoiler
    All Information from the Discovery The arrest report of Mrs. Hirano as provided by then Police Officer II Jackson Steel of the Los Santos Police Department. Within, it is indicated that Mrs. Hirano was arrested following a pursuit that started after Mrs. Hirano stole a police cruiser, property of the Los Santos Police Department. It is detailed that Mrs. Hirano was the driver and was already on foot when the Police Officer arrived on the scene. It is also detailed Mrs. Hirano was in possession of a blade and was involved in assault with a deadly weapon (the aforementioned blade) of the Police Officer. it is detailed that Mrs. Hirano proceeded to be shot and later treated as a result of the assault.
    Becks Hirano Arrest Report - 18/JAN/2023
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    Los Santos Police Department

    ARREST REPORT
    "TO PROTECT AND TO SERVE"

    MUGSHOT
    • SUSPECT DETAILS
      • Full Name: Becks Hirano
        Phone Number: 4022305
        Licenses Suspended: Yes
        Officers Involved:
        • Police Officer II Jackson Steel
        • Police Officer III Tyrell Lee
        • Police Detective I Sayaka Yukimura
        Charges:
        • Accessory to WF02 - Shooting from a Vehicle (Drive-By) of a Gov. Employee
        • NM03 - Unlawful Assembly
        • GM19 - Face Concealment (b)
        • WF01 - Assault with a Deadly Weapon of a Gov. Employee
        • GF11 - Grand Theft Auto of a Gov. Employee
        • GM04 - Resisting Arrest
        • VF01 - Evading an Officer
      INCIDENT NARRATIVE
      • Explain what happened, sufficient detail must be given to justify the placed charges, videos could be provided.
        • There was a pursuit of a stolen cruiser and shots were fired at pursuing vehicles. Becks was the driver at the time, when I arrived they were all on foot and running away. I turned down into a parking lot area to try to cut one of them off, I saw becks running across a train tracks bridge that went over the LS River. I pursued her and dropped a panic so that my fellow officers could track us and cut her off. She got off the tracks and climbed a nearby building using the ladder, I went up after her in which she stabbed me with her knife. We both then tumbled off the roof and she was shot multiple times. I treated her and then had her professionally looked at by EMS after she was searched and placed under arrest. We then brought her to Lower Pillbox with her associates and we transported them to DOC where the guards took over processing.
      EVIDENCE DETAILS
      • Document the possessions confiscated from the arrested suspect.
        Possessions are to be documented individually, examples of documented illegal possessions are "Pistol .50" or "12 grams of Cocaine". Legal possessions that can be categorized may be grouped, eg. "Clothing" to describe all clothing items. Body camera footage/pictures may be attached as an evidence exhibit.

        Where possible, the serial number of each firearm seized as evidence should be noted.
        • Illegal Possessions:
          Exhibit A: Radio
          Exhibit B: Knife
          Exhibit C: Skulls Manor Face Bandana


          Legal Possessions:
          Exhibit A: 6x Furniture
          Exhibit B: GPS
          Exhibit C: Water

          Photograph of Possessions (MANDATORY)
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          Photograph of Possessions (MANDATORY)
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    Exhibit #7: Traffic Stop Report on Vehicle LP: BYEPIGS, Los Santos Police Department
    Spoiler
    All Information from the Discovery The traffic stop report, performed by then member of the Los Santos Police Department Stafford Lee, detailed the previous association of the Defendant with the individuals found in the vehicle with him on the day of the arrest.
    Mason Hewson Traffic Stop Report - 10/JAN/2023
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    Los Santos Police Department

    TRAFFIC STOP REPORT
    "TO PROTECT AND TO SERVE"

    • TRAFFIC STOP DETAILS
      • Location: Hawick Ave
        Narrative: Observed Mr. Hewson driving at excess speeds
        Additional Units: 4-D-22, 3-K-12
        Approx. Time and Date: 10/JAN/2023 04:00

      VEHICLE DETAILS
      • Vehicle Driver: Mason Hewson
        Vehicle Owner: Mason Hewson
        License Plate: BYEPIGS
        Vehicle Model: Rebla GTS
        Vehicle Color: Black and Red
        Vehicle Passengers (If Applicable): Conor Petrucci, Tony Fontaine, Steve Obrian

      TRAFFIC STOP OUTCOME
      Please add a "X" all relevant areas. When issuing a citation, license suspension (length), or charge, amend "Specify" inside the parenthesis.

      • Action Taken:
        [ ] Verbal Warning
        [X] Citation (VC05 - Improper Traffic Maneuvers)
        [X] Demerit
        [ ] License Suspension (Specify)
        [ ] Charge (Specify)
      • Stop Verdict:
        Issued the driver a citation and demerit
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Sincerely,
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Junior Prosecuting Attorney
San Andreas Judicial Branch
(909) 328-1508 — [email protected]


Attorney General
Director of Public Notary
San Andreas Judicial Branch
(909) 372-7719 — [email protected]
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Roderick Marchisio
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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Roderick Marchisio »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION TO AMEND


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Tony Fontaine
#23-CM-0035

A Motion to Amend was filed in the above case on the 14th of March, 2023.


The State of San Andreas, by and through the undersigned attorney, filed this Motion to Amend, the original charges with the underlined amended charges.


  • Original Charges
    • NM03 - Unlawful Assembly
    • GM10 - Failure to Comply / Identify
    • GM19 - Face Concealment (b)
    • GM04 - Resisting Arrest
    • VF01 - Evading an Officer
    • GF11 - Grand Theft Auto of a Gov. Employee

  • Amended Charges
    • NM03 - Unlawful Assembly
    • GM10 - Failure to Comply / Identify
    • GM19 - Face Concealment (b)
    • GM04 - Resisting Arrest
    • VF01 - Evading an Officer
    • GF11 - Grand Theft Auto of a Gov. Employee
    • GF24 - Perjury

  • Detailed Explanation: With reference to the Motion for Discovery, the Prosecution notes that as per the Defendants' narrative under oath as submitted to the court, the Defendant has knowingly and willingly made numerous clearly untrue statements in this official statement to mislead the court in this trial. In this respect, the Prosecution notes to the following sentences:
    • 1. Upon this a cop cruiser pulls up and demands me to get inside the car (they have a gun). - please refer to previous evidence exhibits where it can be concluded that these individuals were in fact affiliated with each other.
    • 2. End of story, they drive over spike strips and I get out of the back seat of the car and start limping around the corner. - refer to previous evidence exhibits where it becomes abundantly clear the Defendant was actively running rather than limping.
    • 3. I get into the city to play poker and sell my car and I end up in jail for complying, - the Prosecution notes with reference to the evidence exhibits as previously presented to the court that the Defendant clearly did more than just playing poker and attempting to sell a car.
    • 4. I comply with the criminals and get thrown into jail as an innocent man. - refer to previous evidence exhibits where it becomes abundantly clear the Defendant was in fact complicit and affiliated with the other individuals.
    • 5. I was put into jail for no reason, other then being held hostage in the back seat of the car. I was unlawfully jailed. - refer to previous evidence exhibits where it becomes abundantly clear the Defendant was in fact not held hostage by his affiliated people.


    The Prosecution notes that in case the Prosecution had not been able to present the abundantly clear evidence as kindly provided by the Los Santos County Sheriff's Department as previously presented to the Court, these false statements by the Defendant, which are in a direct relation to this trial, would at the very least have had the potential to affect the outcome of the trial. As such, the Prosecution can only conclude that the action of knowingly and willingly providing these false statements to the court should only result in the application of the charge GF24 - Perjury.




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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Cyrus Raven »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION FOR CONTINUANCE


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Tony Fontaine
#23-CM-0035

A Motion for Continuance was filed in the above case on the 27th of March, 2023.


The Defendant, Tony Fontaine, by and through the undersigned attorney, filed this Motion for Continuance, and the reasoning for request is as follows;


  • Reasoning: We require more time to analyze the prosecution's motion for discovery.
    • Detailed Explanation: We require more time to analyze the prosecution's motion for discovery as it contains several exhibits.




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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Hugh Allgood »

The motion for defense continuance is granted through 30/MAR/2023.
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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Oscar Sparrowhill »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION TO SUPPRESS


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Defendant
#23-CM-0035

A Motion to Suppress was filed in the above case on the Day of Month, Year.


The State of San Andreas/Defendant, name, by and through the undersigned attorney, filed this Motion to Suppress, and requests to following be suppressed from evidence;

  • Exhibit 2 - Witness Statement Joseph Sanchez, Los Santos Police Department
    Requested Evidence to Suppress: Hearsay

    INCIDENT NARRATIVE
    ► Show Spoiler

    • Detailed Reasoning:
      The Officer is quoting an out-of-court statement allegedly made by the Defendant.


  • Exhibit 4 - Darius Baker Arrest Report - 18/JAN/2023
    Requested Evidence to Suppress: Irrelevant

    INCIDENT NARRATIVE
    ► Show Spoiler

    • Detailed Reasoning:
      In regards to Exhibit 4 I find the police report of another persons arrest to be irrelevant, especially when the defendant in question is not mentioned by name or any of his actions relayed other than being part of a "group of four". Nothing is gained from this evidence that Officer Sanchez & Yukimura haven't already specified and we would find its inclusion irrelevant unless its admission it to serve as means of proving there were four people present. The descriptions of this statement are short and vague at best.

  • Exhibit #6: Arrest Report Becks Hirano, 18/JAN/2023
    Requested Evidence to Suppress: Irrelevant

    INCIDENT NARRATIVE
    ► Show Spoiler
    • Detailed Reasoning:
      In regards to Exhibit 6, similar to Exhibit 4 I find the police report of another persons arrest to be irrelevant especially when the defendant in question is not mentioned by name or any of his actions relayed, the number of people isn't specified in this statement. The officer reports they were in chase over train tracks alluding to not being in a position to offer insight into post crash activities. Nothing is gained from this evidence that Officer Sanchez & Yukimura haven't already stated and insist its irrelevancy.

  • Exhibit 7: Mason Hewson Traffic Stop Report - 10/JAN/2023
    Requested Evidence to Suppress: Irrelevant/Speculation
    Exhibit #7: Traffic Stop Report on Vehicle LP: BYEPIGS, Los Santos Police Department
    Spoiler
    All Information from the Discovery The traffic stop report, performed by then member of the Los Santos Police Department Stafford Lee, detailed the previous association of the Defendant with the individuals found in the vehicle with him on the day of the arrest.
    Mason Hewson Traffic Stop Report - 10/JAN/2023
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    Los Santos Police Department

    TRAFFIC STOP REPORT
    "TO PROTECT AND TO SERVE"

    • TRAFFIC STOP DETAILS
      • Location: Hawick Ave
        Narrative: Observed Mr. Hewson driving at excess speeds
        Additional Units: 4-D-22, 3-K-12
        Approx. Time and Date: 10/JAN/2023 04:00

      VEHICLE DETAILS
      • Vehicle Driver: Mason Hewson
        Vehicle Owner: Mason Hewson
        License Plate: BYEPIGS
        Vehicle Model: Rebla GTS
        Vehicle Color: Black and Red
        Vehicle Passengers (If Applicable): Conor Petrucci, Tony Fontaine, Steve Obrian

      TRAFFIC STOP OUTCOME
      Please add a "X" all relevant areas. When issuing a citation, license suspension (length), or charge, amend "Specify" inside the parenthesis.

      • Action Taken:
        [ ] Verbal Warning
        [X] Citation (VC05 - Improper Traffic Maneuvers)
        [X] Demerit
        [ ] License Suspension (Specify)
        [ ] Charge (Specify)
      • Stop Verdict:
        Issued the driver a citation and demerit
    Image

  • Detailed Reasoning:
    In regard to Exhibit 7 the defence finds grounds to supress due to irrelevancy, although Tony Fontaine and Connor Petrucci are in the vehicle together, this vehicle is owned by neither of them, nor driven by them in this incident, and thus a connection cannot be ascertained purely through the affiliation of Mason Hewson the driver. If the court insists its too great of a coincidence the date of the citation precedes the arrest by 8 days, a lot can happen in this city in 8 days. Its not uncommon for friend to become foe in half that time, and with that in mind kindly ask the court for suppression of this evidence as it speculates for a lot time in-between these events.

    Occupants on citation 10/1/23
    Conor Petrucci
    Tony Fontaine
    Steve O'brian
    Mason Hewson - Driver

    Occupant on arrest 18/1/23
    Tony Fontaine
    Conor Petrucci
    Darius Baker
    Becks Hirano - Driver
Respectfully,

Oscar Sparrowhill
Junior Defense Attorney
San Andreas Judicial Branch
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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Roderick Marchisio »

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San Andreas Judicial Branch
Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

"EQUAL JUSTICE UNDER LAW"

  • Honorable Allgood,

    To react to the Motion to Suppress from the Defense as follows:
    • 1. As per your Court Decision in #23-CM-0024, State of San Andreas v. Doris Murray, in combination with the court's rules of evidence (2.6.10), "For example, testimony to show that a statement was said and heard, or to show that the speaker could speak a certain language, or to show the subsequent actions of a listener, is admissible." This is direct testimony from the Officer recalling a statement they heard. The Officer is not making a statement about what was specifically said, merely that some information was relayed over the radio. Since the Officer was there at the time of the details they are describing, the proper foundation has been laid. As such, this suppression should be denied.
    • 2. The relevance of this arrest report is to further show the details of the situation of the underlying case, with reference to the "incident narrative" section. Per the ruling in the case of State of San Andreas v. Nanna Bohanna, it is case law that the charge NM03 - Unlawful Assembly should be explained that it is applicable in cases where a Defendant is gathering together with another individual or other individuals to do something illegal. Thus, the relevance to this arrest report, indicating there had indeed been more than two individuals as well as providing further insight into the situation that led to the arrest of the Defendant themself, for the underlying case is obvious. As such, this suppression should be denied.
    • 3. Again, the relevance of this arrest report is to further show the details of the situation of the underlying case, with reference to the "incident narrative" section. Per the ruling in the case of State of San Andreas v. Nanna Bohanna, it is case law that the charge NM03 - Unlawful Assembly should be explained that it is applicable in cases where a Defendant is gathering together with another individual or other individuals to do something illegal. Thus, the relevance to this arrest report, indicating there had indeed been more than two individuals as well as providing further insight into the situation that led to the arrest of the Defendant themself, for the underlying case is obvious. As such, this suppression should be denied.
    • 4. The relevance of this traffic stop report is to further show that the Defendant was in fact familiar with at least one of the occupants in the stolen police vehicle. Given the statements as made by the Defendant to the court, such as himself claiming to be held hostage, for which the prosecution is currently pursuing GF24 - Perjury, the prosecution finds it very relevant to know that the Defendant was willfully sitting in a vehicle with one of the occupants just a week prior. Further, the relevance of this evidence exhibit is to indicate that at least two of the occupants of the stolen police vehicle were familiar with each other during the situation that led to the arrest of the Defendant. As such, this suppression should be denied.


    Respectfully,


    Attorney General
    Director of Public Notary
    San Andreas Judicial Branch
    (909) 372-7719 — [email protected]
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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Hugh Allgood »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

COURT DECISION


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Tony Fontaine
#23-CM-0035

A decision was reached in the above case on the 31st day of March, 2023.


The court will be allowing the prosecution to pursue the additional charge of GF24 - Perjury, considering established precedence on the allowance of this charge to be sought by the State during a case brought to the Superior Court.

Regarding the defense motion, it's not fully clear to the court if the defense is only intending on requesting suppression of the highlighted statements, or the entirety of the statements included in the filing. However, to follow other precedence in how motions to suppress are generally organized, the court will be only considering the specific sections highlighted by the defense in this subsequent ruling.

Regarding the defense motion to suppress, the court is ruling as follows;

  • The request to suppress the statement, "he callouts over his radio, "Yo guys, back alley, one guy" referring to me being alone.", is denied. As the prosecution states and according to precedence established on other cases I have heard, "testimony to show that a statement was said and heard, or to show that the speaker could speak a certain language, or to show the subsequent actions of a listener, is admissible." The witness in this exhibit is merely reporting a statement they heard.
  • The request to suppress the statement, "a group of four", is denied. The court disagrees with the defense that this statement is irrelevant. Other evidence exhibits have established the allegation that multiple individuals were present in this stolen police cruiser. As the prosecution states, and the court agrees with, the defendant is appealing a charge of unlawful assembly, which states, "Two or more people, gathering together to do something illegal or who are disobedient to law enforcement instruction.". In order for the prosecution to prove this charge, the prosecution must provide evidence beyond a reasonable doubt that the defendant was working on concert with a group of at least "two or more". Therefore, this evidence is vitally important for the court to be able to consider and no rules of evidence are violated in the inclusion of this statement.
  • The request to suppress the statements, "they were all on foot" & " running across a train tracks bridge that went over the LS River. " I will be suppressing the latter statement, as this statement is regarding the specific actions of a different individual and not the defendant. Although not highlighted, I will be suppressing the remainder of the statement regarding the actions of a Beck Hirano. I will, however, be allowing the prosecution to use the statement, "they were all on foot". I disagree with the defense that this statement is irrelevant or that this statement fails to suggest a quantity of individuals. Detailing a different individual as being the driver of the stolen vehicle, and "they", suggests multiple persons were involved. In accordance with my ruling on the previous exhibit, it is necessary for the prosecution to prove this criminal act involved two or more persons.
  • The request to suppress the 10/JAN/2023 traffic stop report is denied. The defendant by their own admission states, " I constantly told the officers I was being held hostage, but no one listened and they just took me right to jail.", and as a result of the evidence contained in the discovery, the prosecution is seeking a charge of perjury. Consistent with my reasoning aforementioned in this decision, the prosecution has a high burden to meet in proving the defendant's statements to be willfully false. While it is certainly true many things can happen in 8 days, the fact the defendant was in a vehicle, presumably not as a hostage, with some of the same individuals he was allegedly with on the date of this incident, suggests at the very least they knew the individuals. This is not to say he was not a hostage, however, this is a matter the court believes can be argued by both sides at trial, and does not believe direct suppression of the statement to be appropriate, as it holds relevance in this matter.


Given the busy docket schedule this weekend, the court will be waiting until the beginning of next week to attempt to schedule this matter for trial.


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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Cyrus Raven »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION TO STAY PENDING APPEAL


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Tony Fontaine
#23-CM-0035

A Motion to Stay Pending Appeal was filed in the above case on the 31st of March, 2023.


The Defendant, Tony Fontaine, by and through the undersigned attorney, filed this Motion to Stay Pending Appeal, and the reasoning for request is as follows;


  • Reasoning: The Public Defense in this case has initiated an appeal within the San Andreas Court of Appeals following the latest Court Decision.




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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Hugh Allgood »

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San Andreas Judicial Branch

Amended decision: #23-CM-0035, State of San Andreas v. Tony Fontaine
"HERE FOR YOU | SAFE FOR YOU"

  • To all whom may be concerned,

    The Presiding Judge Hugh R. Allgood reached out to both parties via e-mail on 31/MAR/2023 to attempt to resolve the issues leading to the Motion to Stay Pending Appeal.

    Through this correspondence, both sides were able to partially agree on one aspect of the argument raised by Defense counsel, the reasonableness of suppressing the direct quote from the witness. The initial defense motion cited the reasoning for that request was "The Officer is quoting an out-of-court statement allegedly made by the Defendant." The court agrees with this argument for the purposes of suppressing the supposed direct quote recalled by the witness. However, the defense highlighted a much bigger section to be suppressed, "he callouts over his radio, "Yo guys, back alley, one guy" referring to me being alone." However, the Court and defense do not agree on the rest of that statement highlighted in the original defense motion.

    This court still stands behind the initial justification of allowing this statement to be used due to the hearsay exception,
    testimony to show that a statement was said and heard, or to show that the speaker could speak a certain language, or to show the subsequent actions of a listener, is admissible.

    The court believes the witness should be allowed to testify to generally about hearing a statement being made ("testimony to show that a statement was said and heard"), and how the witness perceived and reacted to this statement ("to show the subsequent actions of a listener, is admissible").

    In a good faith move, the Superior Court will be amending its 31/MAR/2023 decision and suppressing a portion of exhibit #2, specifically, "Yo guys, back alley, one guy", and leaving the rest for argument in the Court of Appeals.

Respectfully,

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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Hugh Allgood »

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San Andreas Judicial Branch

#23-CM-0035, State of San Andreas v. Tony Fontaine
"HERE FOR YOU | SAFE FOR YOU"

  • Counselors,

    Given the decision made by the Court of Appeals, the Superior Court is amending the previous decisions to be in line with the decision made by the Court of Appeals. A summary of this decision is as follows;
    • The statement, "he callouts over his radio, "Yo guys, back alley, one guy", will be allowed.
    • The statement, "referring to me being alone" will be suppressed and has been struck from exhibit #2.
    Following this order, an attempt at scheduling this matter for a trial will be made.

Respectfully,

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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Hugh Allgood »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"



NOTICE OF SCHEDULING


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Tony Fontaine
#23-CM-0035

An attempt to schedule was made and recorded by the court on 20th of April, 2023.


All parties in this case are encouraged to complete the following Scheduling Tool in an attempt to schedule a trial on the above case.

In the event all parties have overlapping availability the Presiding Judge will determine the best date and time to have a trial take place and post a Notice of Trial informing all of the upcoming proceeding.

In the event some or all parties do not have overlapping availability, the Presiding Judge will continue to attempt to schedule the proceeding or seek alternative avenues to conclude the case.


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San Andreas Judicial Branch
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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Roderick Marchisio »

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San Andreas Judicial Branch
Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

"EQUAL JUSTICE UNDER LAW"

  • Honorable Allgood,

    The Prosecution has filled in their availability and is looking forward to the trial date and time.


    Respectfully,


    Attorney General
    Director of Public Notary
    San Andreas Judicial Branch
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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Oscar Sparrowhill »

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San Andreas Judicial Branch

Public Docket
"HERE FOR YOU | SAFE FOR YOU"

  • Dear participants,

    I have updated my scheduling for the courts and I am also looking forward to this case.

    Respectfully,

    Oscar Sparrowhill
    Junior Defense Attorney
    San Andreas Judicial Branch
    465-8380 — [email protected]
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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Hugh Allgood »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"



NOTICE OF SCHEDULING


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Tony Fontaine
#23-CM-0035

An attempt to schedule was made and recorded by the court on 1st of May, 2023.


All parties in this case are encouraged to complete the following Scheduling Tool in an attempt to schedule a trial on the above case.

In the event all parties have overlapping availability the Presiding Judge will determine the best date and time to have a trial take place and post a Notice of Trial informing all of the upcoming proceeding.

In the event some or all parties do not have overlapping availability, the Presiding Judge will continue to attempt to schedule the proceeding or seek alternative avenues to conclude the case.


Superior Court Judge
San Andreas Judicial Branch
(909) 235-6076 — [email protected]
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Re: #23-CM-0035, State of San Andreas v. Tony Fontaine

Post by Hugh Allgood »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTICE OF TRIAL


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Tony Fontaine
#23-CM-0035

A trial date was set on the above case on 15th of May, 2023.


In accordance with the availability reported by both parties in response to the Notice of Scheduling, this trial shall take place at 6:00 PM ((UTC)) on 15th of May, 2023 at Rockford Hills City Hall, Carcer Way, Metro Los Santos, SA.

Both parties are ordered to be present in the Judges Chambers no later than 15 minutes prior to the above listed date for pretrial arrangements. If complications occur that must result in a delay or cancelation of the trial, you are ordered to inform the court no later than 12 hours prior to the above listed date.



Superior Court Judge
San Andreas Judicial Branch
(909) 235-6076 — [email protected]
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