‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO ‘THE PEOPLE OF THE STATE OF CALIFORNIA, ‘COMPLAINT - CRIMINAL Plaintiff | FELONY COMPLAINT bid COURT CASE NO. Philip Eugene Sanders Defendants) | SEARCH WARRANT NO. “| DAFILE NO, 2013V24725 ‘Agency: Fresno Police Department ‘Agency Report Number: 13-46485 Defendant Birth Dato iD Booking No. Philip Eugene Sanders Personally appeared before me, who first being duly sworn, complains and alleges: COUNT 1 On or about July 16, 2013, in the above named judicial district, the crime of CORPORAL INJURY TO SPOUSE/COHABITANTICHILD'S PARENT, in violation of PENAL CODE SECTION 273.5(a), a felony, was committed by Philip Eugene Sanders, who aid wilfuly and untawtully inflict corporal injury recuiting in a traumatic condition upon Jane Doe, who was the spouse, former spouse, cohabitant, former cohabitant and the mother or the father of his or her chi. Notice: Pursuant to Evidence Code 1370 itis the People's intention to seek to admit all victim statements to law enforcement if the victim becomes unavailable to testify at trial. Furthermore, pursuant to Evidence Code 1107, itis the People's intention to call an expert witness to testify at trial regarding battered women's syndrome as defined in Evidence Cade 1 107(a}-e). "NOTICE: Conviction ofthis offense as a felony will quire you to provide two specimens of blood, a saliva sample, right thumbprints, and a full palm print impression of each hand pursuant to Penal Code section 296." All of which is contrary to the form, force, and effect of the Statute in such case made and provided, ‘and against the peace and dignity ofthe people ofthe State of California, Pursuant to Penal Code Sections 1054.6(b), the People are hereby informally requesting that defense ‘counsel provide discovery tothe People as required by Penal Code Section 1054.3,‘Subscribed and sworn to before me on DATE: Attest: COMPLAINANT DEPUTY CLERK ins 7.18.13 Page 2LAW ENFORCEMENT REPORT FORM FRESNO POLICE DEPARTMENT 2323 MARIPOSA MALL, FRESNO.CA 99721 Phone: ($89)21-7000 ‘CADI00500. INCIDENT INFORMATION — Report 1.012 Report Type: PERS CRIME ise SW Sector: Zone 458 Definition and Clas: PC2#5(AV1 - FORCE/ADW NOT FIREARMEGBI. UF alls How Row: T : CASE FACTORS —— FOLLOWUP. SUSP ARRESTED, VICTIM WILL PROSECUTE INVESTIGATION VIC INJURIES PHOTOGRAPHED, VICT(PROP/DOMEST) LETTER SOLVARILITY FACTORS ADULT BOOKED, SUSPECT CAN BE IDENTIFIED SPECIAL FACTORS, ADDITIONAL INFO, CONFIDENTIAL, DOMESTIC VIOLENCE, ELECTRONIC REPORT, PCD ON FILE —___ARPROVALS AND ROUTING. ‘Close Cass: 4D1- AGGRAVATED ASSAULT Open Clase: 12 Premise: ot Premise: CAS Cade: SLT Printed: 7182013 09:53 AM Printed B)z MALDONADO (V3580 LISAPIIS2)_rined From: ASTSSEDV ‘Dometic Vieence RpcteType:FIRST Officer: SILVER (V3076), MATTHEW #PLS85 Clerk: ® Created: 71613 21:10 ed Dat: 0716132148 Assigned Date: 07/16/13 2:48 Approved By: PETERKA (V361i), MIKE #8181 Date Approved: 7/17/2013 21039 AM ‘Reviewed By: CORBIN (V2412) SHERRY L #741 Date Reviewed: 7172013 7.7156 AM Routing: Nove —_____ DOMESTIC VIOLENCE ENTRY "~~ ‘Length of Relationship: 3 Years Drug luence: SUSPECT UNDER THE INFLUENCE Relative Sia: NO RELATIVE DIFFEREN "Aggresor: SUSPECT Relation Status: FORMER COHABITANTS Emotional Des: VICTIM UPSET AND CRYING! SUSPECT MAD AND YELLING Injury Desc: VIC HAD MINOR CUT TO LEG Physica Desc: VIC HAD MINOR INIURIES Crime Sone Desc: INSIDE HOUSE Prior DY Counts0 iy Resgen), Pie DV History, Minor cu), Comp of pain Cobian, Disord Residence, Akh or Drug lens —__NAMES Inv: ARRESTED 1 AduJwvenile A Types PERSON. ‘Name: SANDERS, PHILLIP EUGENE Race B SecM BOR: AAge:50—_Heght-603 Welght:210 Hae: BLK_ Byes: BRO Language: ENGLISH Pas ‘loth City: FRESNO Birth State: CA Clothing: WHITE SHIRT, ANS, Spect Statue: ARR PhysieaDese: Category ‘Type EMOTIONAL STATE IRRATIONAL muy. NONE ‘BODY BUILD THIN HAIRLENGTH SHAVED COMPLEXION DARK AKA .Name:SANDERS lest PHILLIP Middle: EUGENE. ta Don Scars Marks and Tattoos: Location estore Description FAD, se CHICKEN POC Oificer: SILVER (V3076), MATTHEW PIS8S Page Tord Supervisor: PETERKKA (V3611), MIKE #181FRESNO POLICE DEPARTMENT. Case: 13-046085 vent: 1SBA77&2 TAYE “ABOVE DEVE 3 ‘ala M5000 |COC ca co ear hone S99" Charge Information Section Code Let Description Couns Bail Warrane 2BSA) PCF INF CORP INI SPOUSEICOHAB. i 2a) PCF FORCE/ADW NOT FIREARM GBT 1 nssoay HS POSSESS NARCOTIC CNT SUB 1 Nos Floposioa May) PCa (OBSTRUCTIETC PUB OFCRETC 1 Sison000 Miz21364 Total Ball: 1,50,00000| Seston:273.5(A) » Judicial District: FRESNO MUNI Section: 245(AX1). Judea istrict: FRESNO MUNL Section 11380(4) Issue Dae: 107122012 Judicial Dit: FRESNO MUNI Judge: SIMPSON Section: 148(A)0) Issue Date: 101122012 Judea Districts FRESNO MUNI Judge: SIMPSON Inv: VICTIM 1 Adultwvenies A Type: PERSON Name Content Mo. OTHER FACTORS — NARRATIVE | SouRCE: G9 pga. 211 hur va oad lM onaring 2 deste votrea sistubance, The Reporting Pay reported that Her arm wee Beker sha hor Daye was chosing ater her. The call taker coud hear a male vies nthe background stating te was going to Seat oy the RP. The RP provided the name ofthe suspect as Philip Sandor wih & GOB of She dove beg him 2s'a black male wearng'a who sit nd bus joa INVESTIGATION |While en route, dispatch ran the suspect's name and found he had an outstanding felony warrant for his arrest. Upon arriving in the area, | was flagged down by V-Conf on the comer of Martin Luther King Blvd and JAlmy. She told me the suspect had ran south towards Ray Ave. K-9 Officer Sturgeon located Philips Jon Roy Av, east of MLK Blvd and detained him. He was under arrest for his warrants at that time, I then obtained a statement from V-Cont. ‘Statement of V-Conf: |V-Conf stated she has been in a relationship with Phillis for approx. three years. She stated they did Officer: SILVER (V3070), MATTHEW #PISHS Page 2 ofa Supervisor: PETERKCA (V3611), MIKE #5181Even 1-BATTA2 erin the past but has never attacked her lke this. She has not made any police reports before today. Today, she was visiting Philips at his residence. He had been drinking throughout the day. At one. point, V-Conf gave Philips twenty dollars to hold on to, At approx. 2000 hours, Phillips wanted to go to the store to get more beer. V-Conf feared he may spend her money on either beer or drugs 80 she Jasked him to give her the money back. This started an argument. This argument over the money went lon for approx. one hour. JAt approx. 2100 hours, V-Conf was standing outside the front door of Philip's home on the porch. ‘They were still arguing and Philips pushed V-Conf into the front door, with her back facing the door. ‘She was forced into the door, which had been locked, and forced the door open. V-Conf ran into the house towards the back door to get away from Philips. Philips grabbed a hold of V-Conf and drug her through the house back into the front yard. While he was dragging her, she trie to fight back and get faway. She stated he also punched her several times all over body, including head while he was {dragging her. While he was doing this, he was yelling at her and cursing at her. |Once outside, V-Cont was stil on the ground and Philips kicked her in her stomach. V-Conf tried to Jget up and get away, but could not get up quickly. As she was trying to walk away, Philips folowed after her and was pushing her. He was yelling at her to leave. He continued to follow after her and push her while she tried to walk away. \V-Cont removed her cell phone from her pocket and called 911. She told Philips she was caling her [Son. She then began running from Philips, westbound on Almy, She could not run very fast. When V- |Conf got to the comer of Aly and Martin Luter King Biva, she stopped near a parked car while she was talking to the police dispatcher. Philips stil folowed after her and had a glass, 40 oz botle of beer in his hand. When he was approx. six feet away from her, Philips threw the bottle at her and struck on the side of her head. The bottle then bounced onto the ground and shattered. She then [continued to run north on Martin Luther King Blvd while stil on the phone withthe police. Philips was Jgrabbing her arm while she was trying to run away. Eventually, Philips began running away from V-Conf, possibly because he realized she had called the Jpolice. She saw Philips run south on Martin Luther King Blvd towards Roy Av. 'V-Cont stated she was wiling to testify in court as to what happened. Investigation Continued: | observed a small cut and scabbing on V-Confs right knee. | did not see any other injuries on her. 1 [Saw the broken beer bottle on the comer of Almy and Martin Luther King Blva. | then escorted V-Conf back to the Philip's residence to get her shoes. | saw that the front door frame }was cracked indicated that it had somehow been forced open, [Assisting Officers transported Philips back to the residence as well. | conducted an in field show up land showed V-Conf the suspect we had detained (Philips). He was approx. thirty feet away and we [shined a light on him to illuminate him, V-Conf positively identified him as the person who assaulted her. | stood by while V-Conf gathered her belongings from the residence. Also, EMS arrived and examined Oificer: STVER (V307@), MATTHEW HIS Pages oft Supervisor: PETERKA (V3611), MIKE #S181 together for approx. seven months at one point during the three years. She stated he has pushed | __Case: 13-046485 Event: -BA7742 'V-Conf' injuries. She refused any further treatment from them and EMS left the scene. | then attempted to obtain a statement from Philips. He was very irate and yelling a lot. As I ried to ‘ask him questions, he just yelled about V-Conf being on his property and stated this was “Trayvon, Martin’ all over again. | then attempted to advise Philips of his Miranda Rights as | read them verbatim from my department issued Miranda Card. As I was reading Philips his rights, he continued to talk over me and yelled about V-Conf being on his property then stated "I plead the fifth. | took this {as an invocation of his rights and a refusal to make a statement. | was not able to complete the Miranda Advisement and did not question Philips any further. It should be noted that Philips made repeated voluntary statements about V-Cont kicking in his door and he just wanted her out. | did not Jauestion him about that and | did not make any statements to provoke that statement he made, [Based on V-Confs statement of being drug on the ground and hit, as well as her visible and traumatic injury on her knee, | had probable cause to believe that Philips caused that injury in violation of PC }273.6(a). Also, based on V-Conf's statement that Philips threw a large, glass bottle at her from a [close distance and struck her on her head, | had probable cause that Philips assaulted V-Conf with {an object in a manner likely to cause serious bodlly injury or death in violation of PC 245(a)(). ICSIB Tech Carter responded and photographed V-Cont' injuries, the broken door and the glass. bottle. He also collected and processed the bottle, See his follow-up report for further detals. | transported Philips to CSIB where he was processed. | then transported him to and booked him into IFCJ on the above charges and outstanding warrants that he had for his arrest. | completed an [Electronic Probable Cause Declaration, CONCLUSIONS / DEDUCTIONS: |Suspect Philips drug, hit and kicked his former live-in gifriend causing a visible and traumatic injury in violation of PC 275.5(a). He also struck her in the head with a glass bottle in violation of PC 245(a) ay DISPOSITION: 1) V-Conf provided with case information, }2) Suspect Phillips booked into FCI, 3) Victim injuries photographed, 4) Evidence collected. 5) EPCD completed. 6) Case forwarded for prosecution, Officers SILVER (V3076), MATTHEW WPISRS Pages ofa Supervisor: PETERKA (V3611), MIKE #S181DRAFT. LAW ENFORCEMENT REPORT FORM FRESNO POLICE DEPARTMENT BH MANPUSA HAL, TRESNO CUS Rely ans Supplement Case: 1.04648 ———aseNromaTION— Teper 3af3 Wager Tye FERSCRME De W Sect ZnS Defon an hae FEN) FORCE ADH NOT HREARON LF Scrted rom OVieT3 S00 Oeeured Tr EVIGIO S00 Tae Race Date 169 21:10 Te ron Street How Revs 7 : _ Saas —CASERA = FOLLOWUP: SUSP ARRESTED, VICTIM WILL PROSECUTE INVESTIGATION ‘VIC IMIURIES PHOTOGRAPHED, VICT (PROP/DOMEST) LETTER, SOLVABILITY FACTORS ADULT BOOKED, SUSPECT CAN BE IDENTIFIED SPECIAL FACTORS. ADDITIONAL INFO, CONFIDENTIAL, DOMESTIC VIOLENCE, ELECTRONIC REPORT, PCD ON FILE : APPROVALS AND ROUTING ‘Close Clauss D1 - AGGRAVATED ASSAULT Open Cass 182 Premise: # ofPremies:1_ CAS Code: ASLT™ Printed: 718201375325 AM Printed By: MALDONADO (V3S80), LISAPII82)_ Printed From: A6?SS6DV Domest Violence Rptie3) ‘Type: SUPP Report Time:0 Investigation Time: 0. Ofc: MALDONADO (V35S4), LISA #112 (Clerk: MALDONADO (3554), LISA #P1182 Created: 01813073. Fed Dater@7/16/15 21:10 ‘Assiqned Date: 7/18/13 07:83, “Approved By: MALDONADO (V556), LISA #P1182 Date Approved: 71872013 7320 AM Rowing: None DOMESTIC VIOLENCE ENTRY ‘Leng of Relationship: Yeas Dr nftuence: SUSPECT UNDER THE INFLUENCE [Relative Sie: NO RELATIVE DIFFEREN Aggressore SUSPECT. Relalin Sats: FORMER COMABITANTS Emotional Des: VICTIM UPSET AND CRYING! SUSPECT MAD AND YELLING Injury Des: VICHAD MINOR CUT TO LEG Physical Desc: VIC HAD MINOR INJURIES ‘rine Sane Dae: SIDE HOUSE Prior DY Count hy Rent) Po DV ity. Mie eu), Compo pa, Cabins, Dorel Rese, Aes or Dg fe ~ ‘MO Nowe OTHER FACTORS 2 PERSON CRIMES DOMESTIC VIOLENCE E = rE Source of activity: [On Thursday, July 18, 2013, while assigned tothe Domestic Violence Unit, Iwas assigned this case for investigative follow-up, |tnvestigation Officer: MALDONADO (V3580), LISA PITRE Page T of? Supervisor: MALDONADO (V3$54), LISA #P1182,Supplement - Case: 13-046488 Event: 13-BA7742 DRAFT After reviewing this case, I conducted background checks on both the male and the female. - [No prior reported domestic violence histories were found in data 91 V/CAD ot RMS. (Computer aided Dispatch) lor RMS (Records Management System). |Conctusions deductions: After reviewing this case, | find there is sufficient evidence to send this case to the District Attorney's office for iting, |Betow listed DY history is available in the FPD Domestic Violence Unit. Chronology: 7-16-13, PC 245¢ay(t 346485 Male and female were involved ina disturbance. In the course ofthe disturbance male assaulted female causing visible injuries. Disposition: [Case submitted tothe District Attomey' office for filing as a last day. Photos attached |Criminat history attached (Officers MALDONADO (V3550), LISA FPITRD Paged of? Supervisor: MALDONADO (V3$54), LISA HPL1S2LAW ENFORCEMENT REPORT FORM _ FRESNO POLICE DEPARTMENT 2323 MARIPOSA MALL, FRESNO CA 93721 Phone (59)601-7000| {CAO100500 ‘Supplement - Case: 13-046485 __——INGIDENTINFORMATION——— Report#:20f2 Report Type: PERS CRIME Districts SW SectorsH Zones 3455 Definition and Class: PC245(AKI) -FORCE/ADW NOT FIREARM GBI Lat ‘Occurred From: 07/16132000 us| Occurred Ta: 7/1613 2:20 Tue Received Date 0716/13 21:10Tve Location (Cross Street SIOAY How Revs = — —_—CASEFACTORS FoLLowur: SUSP ARRESTED, VICTIM WILL PROSECUTE INVESTIGATION VIC INJURIES PHOTOGRAPHED, VICT(PROPIDOMEST) LETTER SOLVABILITY FACTORS. ‘ADULT BOOKED, SUSPECT CAN BE IDENTIFIED SPECIAL FACTORS. _ ADDITIONAL INFO, CONFIDENTIAL, DOMESTIC VIOLENCE. ELECTRONIC REPORT, PCD ON FILE ___APPROVALS AND ROUTING lass: 4D1 - AGGRAVATED ASSAULT Open Class 12 1 CAS Codes ASLT 78/2013 09:54 AM Print By: MALDONADO (V3880),LISAYPLIS2)_ Printed Fre Rplé2 “Type: SUPP Report Time: Investigation Time:0. Officer: CARTER (V426), RYAN HD83 (Clerks CARTER (3426, RVAN #IDIS Created: 07/1613 2556 Pid Dates 07/1613 210 ‘Asigned Dates 7/113 33:56, SISS6DV ‘Approved By: CLEMENT (VS784), PATRICE#IDIS Date Approved: 7172013 25807 AM Reviewed By: CORBIN (V2412), SHERRY L.#T41 Date Reviewed: 71172013 750<0 AM Routing: None | _—___bomrstic vio cence ENTRY ‘Length of Relationship: 3 Yeas Drug a uence: SUSPECT UNDER THE INFLUENCE Relative Sze: NO RELATIVE DIFFEREN." Aggrsior: SUSPECT __ Relation Stats: FORMER COHABITANTS "Emotional Dese: VICTIM UPSET AND CRYING! SUSPECT MAD AND YELLING Injury Det: VIC HAD MINOR CUT TO LEG Physieal Desc: VIC HAD MINOR INJURIES ‘Crime Seene Des: INSIDE HOUSE. Prior DY Counts: iy Resident), Prior DV History, Minor ut), Comp of pain, Cohaitats,Disolered Residence, Alcohol or Drug nfuese a MO None = ‘OTHER FACTORS PERSON CRIMES ‘DOMESTIC VIOLENCE csie: 07-16-13 2148 hrs |DIGITAL PHOTOGRAPHIC EVIDENCE: Scone / victim's injuries ‘Officer: CARTER (VWi6), RYAN IDES Page Tol? Supervisor: CLEMENT (V3784), PATRICE #1D1SSupplement - Case: 13-046988 Event: 13-BA7742 Negative _ LATENT PROCESSING RESULTS: [On the above date, at the request of Otficer M, Silver (P1585), | was detailed to a confidential location regarding a domestic related disturbance. Upon my arrival, | photographed the scene. |The location was a north facing house that sat on the south side of the street. There was damage to the north facing front door. it appeared it had been forced open. There was damage to the west side (of the interior wood door frame, around the where the strike plate would have been. There were Pieces of the door frame on the floor ofthe living room, of which the door opened into. | also Photographed a broken green 40 oz. bottle of "Mickey's’ malt liquor, It was located in the roadway, west of the location. Per the officer, the suspect had thrown it atthe victim. AFter | photographed the lbroken bottle, | collected the pieces as evidence, I then photographed the confidential victim, black adult female. She had a small cut and redness on the inside of her bottom lip, near the left comer of her mouth, and an abrasion on her right knee. | Jlso photographed both sides of her face, of which she had complaint of pain, yet there were no visible injuries atthe time, Upon my return to the Grime Scene Investigation Bureau, | processed the broken bottle pieces for Jpossible latent print evidence, using cyanoacrylate fuming and fingerprint dusting powder, The results were negative. The pieces were then booked into the Property and Evidence Control Section locker. All digital photographs were uploaded into the FPD report writer system, and attached to this case. number. Refer to the officer's report for further information. Oificer: CARTER (V342), RYAN IDES Paget of Supervisor: CLEMENT (V3784), PATRICE #1D15