Loading...
HomeMy WebLinkAboutExhibit 39EXHIBIT No. 39 January 25, 2008 Police Department Undercover Reports, Additional November 9, 2007 Undercover Reports Fury Revocation Hearing February 21, 2008 06 Unwr Rrk"x Pna spv it cnaorsncu I_I TELENIONIC L J BRIEFING ^ v •` 5 Preliminary Investigation of „� • ti , DR No- CPI c�vNl Title 20 Zoning Violation 08 -00959 Location of Occurrence RD Date & Time Reported to PD lConnected Reports - Type & DR 4221 Dolphin Striker Way 34 01/25/2008 2100 1 Supplemental reports Month / Day / Year Day Time Month / Day / Year Day Time Occurred on or Between: 01/25/2008 Friday 2100 & 01/2612008 Saturday 0200 Reportable Use of Force: ❑ Yes 0 No Stolen t Lost Recovered ESt.Dam. Arson/Vandalism $ 00.00 $ 00.00 00.00 Last Name (Firm name It business) First Name Middle DOB Age ex Desc Hgt Wgt Hair Eyes City of Newport Beach Residence Address City State Zip Res. Phone V I Business Address City State Zip Bus. Phone C T Victim's Occupation 1 Victim's Condition Veh. Lic. No. State Year Make Model Colors} Municipality Notifications- Persons & Divtston Victim Advised of Confidentiality Provisions Per 293 PC? O Yes 0) No Victim Desires Confidentiality? O Yes ® No Domestic V olence Related? O Yes C•7 No Gang Related? O Yes 0 No Hate Crime? O Yes p No Alcohol Related? Weapon Involved? O Yes Q No Weapon irnolvetl? O Yes Q No Weapon Involved? O Yes 0 No Yee O No Name If Known - Booking No. & Charge If Arrested (ILWAddmonaa Suspects in Narrative} DOB I Age Isex jDesc Hgt. Wgt. Hair Eyes Owners of Fury Rok and Roll Sushi Lounge I I Phone Address city State Zip � Res. Bus. Phone U U S – Personal Oddities (Unusual Features, Scars, Tattoos, Etc) Type of Weapon (rhreats,FoMSgnultd Ow. Etc) d Kni(e mGm. Descdbe: P E Clothing - Additional Descriptors _ Additional Suspects? O Yea C (List on Page 2) (� No �. _ - -� Veh. Lic. No. State Year Make Model Typa Color(s) — Inside Color(s) Modfications Damage- Additional Desc. PwIL"!POMW C?yl „V- _ri^RODMMg Pwann W- Wanes OAMa 1 rsan -F Code Name Residence Address C @y State Zip DOB Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone Code Name Residence Address _ City State Zip DOB Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone M.O. - SPECIFIC ORIkUSALACTION$ HT MAYTEMTO IDENTIFY TMSSUSP.(UM sesWaWaWffi In Jim) Burg: 0Force 0NoForce SxuspHcts-operate.IhelLplarw of husineas outside fAtP provisinnc__se ft nr�h tha �i of New Par 1T ,___...,.__ - -_ SlimrvisgrAnamming ID No. Investigating Officer(st if ID No. RPM Signature of Reporting Person — 11111111 Date & Time Reproduced Jerk 3.1 (Rev. 12 03) Craw Repod 43, ID N, - -PORT BEACH POLICE DEPARTMENT SUPPLEMENTAL REPORT - FIELD Date/Time of Report Type of Original Report DR Number 01/29/2008 1100 Title 20 Zoning Violation 08 -00959 Date of Original Occurrence Location of Original Occurrence RD of Occurrence 1125/2008 4221 Dolphin Striker Way 34 V Victim's Last Name (Firm Name if Business) First Middle DOB Age l City Of Newport Beach C Address City State Zip Res. Phone Bus. Phone T Person Reporting Last Name First Middle DOB Age R P Addreas City State Zlp Rea. Phone Bus. Phone S Name If Known, Booking No. & Charge if Arrested DDB Age Sex Dew Hgt Wgt Hair Eyes U Owners of Fury Rok and Roll Sushi Lounge I I I I S Address City State Zip Ras. Phone Bus. Phone P E C Personal Oddities (Unusel Features, Scars, Tattoos, Etc.) Weapon (Describe Fully) T # CbthIng S Named Known, Booking No. & Charge it Arrested DOB Age Sex t Hair Eyes U S Address Cily 4Hgt State Zip Res. Phohone P E C Personal Oddities (Unusal Features, Scars, Tattoos, Etc.) Weapon (Describe Fully) T # Clothing 2 Veh. Lic. No. State Year Make Model Type Color(s) E❑ Vict H ❑ Sus Inside Color Body Modification Body Damage (1) Additional Information Reported. (2) If Property Involved, Itemize, Descnbs and Show Value, Listing Ali Serial Numbers. On 01/25/2008 at approximately 9:00 p.m., detective st and I went to Fury Rok and Roll Sushi Lounge in an undercover capacity to observe how the business was being conducted. Detectivesnd were assigned to make observations from inside the business. Refer to detective? �suppletnentai report for #a Wis of his observations. DetectiveWmaintained observation of the business and surrounding area from the west parking lot Refer to his report for details. I maintained observation of the business and surrounding area from the south parking lot. I entered the parking lot and immediately noticed almost all parking spaces were filled. There were some canopies out near the entrance of Fury presumably for protection from potential rain. At approximately 9:45 p.m. there were about 20 people in fine to enter the business. The line was on the southwest side of the building and extended east. I saw a group of 4-5 males Su ervisorApproving ID No. Reporting Officer(s) ID No. Person Reporting (Signature) DateMme ReproducedtDist. Clerk NWDFa 3.17 {Rev. 11-08) Supplamsntal Rapdd - Few.. In � NE,,eORT BEACH POLICE DEPARTMENT IM 08 -00959 (1) List additional suspects, victims, involved persons. (2) List stolen /recovered property. (3) Reconstruct the occurrence: Include all elements of the crime. (4) Describe any evidence, including prints, state locations found and by whom. Give disposition. The following Is required information for Firearms: Make, Caliber, Type (pistol, rifle, shotgun), Category (automatic, semi auto, bole action), Bartel length, Model, Serial No., and note if associated with a homicide or major crime. Item # Quantity Article Brand Model Serial No.� Inscriptions, estop on Dollar Value (Color, Size, Inscriptions, Caliber, Etc.) walking in the west parking lot towards Fury. One subject was drinking from a red plastic cup, which he threw down on the ground prior to getting into line to enter the business. At approximately 10:00 p.m., I could hear the sound of music coming from Fury. The sound was a deep, resonating bass that extended well past the parking lot and could be heard by neighboring businesses. Due to the darkness caused by the canopies coupled with the nondescript attire of the security staff, it was difficult to determine how many security officers were on property. At approximately 10:25 p.m., I saw a Hispanic male wearing a black shirt urinate in the parking lot between two parked cars. .He was about 10 feet directly in front of me. The music from Fury was very loud, there was a lot of yelling and screaming, and the DJ's voice could be heard well past the boundaries of the parking lot. At approximately 10:40 p. m., security started to make announcements telling people in line to stay on the sidewalk and out of the street. At approximately 11:00 p.m., a stretch Hummer limo parked in the parking lot causing a bottleneck for passing traffic. Security walked the parking lot, first time for the night, and passed the Hummer limo without asking the driver to move. The security officer did not seem too interested in taking any type of enforcement other than to walk through quickly, shine his light momentarily, and hurry back to the business. At approximately 11:05 p.m., I saw a Caucasian male wearing a gray shirt urinate in a middle island of the parking lot between two parked cars. This subject was part of a group of 10 -12 people who Congregated in the parking lot and were never approached by security. From the moment I arrived at Fury, the parking lots around the business were almost to capacity. There was a steady flow of people going to the business and there was a steady flow of people being allowed inside the business. Very few people were exiting the business. Based on these observations, and fearing a severe overcrowding /safety Issue was present, 1 contacted Sergeant 4=0 and requested he put a team together to investigate the occupancy inside Fury. Fury was sybsequentiy determined to be grossly overcrowded. Refer to supplemental report, 08- 00873, for details,._ During the overcrowding investigation, two arrests were made of patrons who were drunk and disorderly. Refer to arrest reports, 08 -00871 and 08- 00872, for details. When the marked units and uniformed officers arrived to conduct the overcrowding tnvestigation, security personnel became more aggressive with walking the parking lots. ii t� �1 OPORT BFACII POLICF. DEPAR-rMt.h, SUPPLEMENTAL REPORT - FIELD Daterrime of Report Type of Original Report DR Number 1 -25-08 2100 Fury Rok and Rol Sushi Lounge surveillance 08 -959 Date of Original Occurrence Location of Original Occurrence RD of Occurrence 1 -26 -2008 4221 Dolphin Striker Way 34 V 1 Victim's Last Name (Firm Name if Business) First Middle DOB Ago C _ Address City State Zip Res. Phone Bus. Phone T . R Person Last Name First Middle DOB Age P Address — _. _City it Zip Res. Phone Bus. Phone 870 Santa Barbara Nb CA 948-644 -3761 S Name If Known, Booking No. & Charge If Arrested DOB Age Sex Desc Hgt Wgt Hair Eyes U w S Address City _ State Zip Res. Phone Bus. Phone R �_. E C Personal Oddities (Unusal Features, Scars, Tattoos, Etc.) Weapon (Describe Fully) T #. Clothing 1, S Name if Known, Booking No. & Charge If Arrested DOB Age Sex Desc Hgt Wgt Hair Eyes U S Address fCiry State Zip Res. Phone Bus. Phone P E._._.___.........__..._.__.._ —Features, C Personal Oddities (Unusal Scars, Tattoos, Etc.) Weapon (Describe Fully) T Clothing___..__ 2 Veh. Lic, No. State Year Make Model Type Colors) V E D Vict — H ❑ Sus Inside Color Body Modification Body Damage (1) Additional Information Reported. (2) If Property Involved, Itemize, Describe and Show Value, Listing As Serial Numbers. On 1- 25-08, 1 was assigned to work undercover surveillance with NBPD Detecthre nd andiiiijiWere assigned to enter the club as customers. as and I were to surveil the Fury's parking lot for violations. I backed my unmarked vehicle into a parking space in the west lot between the Fury and Classic Q. 1 arrived at the parking lot at 2145 hours. I observed 10 -16 people waiting in line to enter the Fury. Between 2230 and 2330 hours, I walked the parking lots for Fury, Classic Q, Saeger, 1600 Dove building, Glidewell Industries and the parking structure. During this time, I observed approximately 6 cars park in these areas (mostly by the 1600 Dove building). I observed two people from these vehicles exit with a clear glass bottle (12 oz size) or red plastic cup. Both of them went to the rear of Saeger and urinated S1,1111MI vino ID No I Reporting Officer(s) ID No. Person Reporting (Signature) Daterrime Reproduced /Dist. Clerk N reran S V (RW. oaot) supplemental Report - FW 4� Nir JRT BEACH POIACE llr.rnamr•.NT Continuation Sheet Page No. Type of Report Booking No. DR Number 2 1 Supplemental Report -Field 1 1 08 -959 by a tree. Both subjects tossed their bottle or red plastic cup on the ground and left for the Fury line. I observed the bottle was a 12 oz Corona beer bottle (cold to touch) and the red plastic cup had an odor of an alcoholic beverage. I observed two other vehicles park by the 1600 Dove building. There were three males and two females. One car had its doors opened and the stereo playing loudly. I observed the group pass around a large styrofoam cup with a top and straw and drink from it. I watched the group walk towards the Fury line. I observed a male discard the cup in the lot, before he got to the Fury line. I retained the cup and smelled the odor of an alcoholic beverage. I observed a BMW enter the 1600 Dove lot with three females. I observed the driver was holding a glass cup with ice and unknown liquid. I observed them stay in the car as the driver drank from her glass. When the driver exited she tossed the liquid on to the ground and returned the cup to her driver seat. At 2345 hours, I returned to my parked car for surveillance. I observed a male from the Fury security walking the parking lot with a flashlight. The male pointed his flashlight at vehicles as he walked by. In my opinion, the security officer's effort to locate potential problems in the lot were poor. He walked through the lot, shining his flashlight side to side. It appeared he was only illuminating every other vehicle during his patrol. At approximately 2400 hours, I observed a male standing by a vehicle parked in front of me. The male was talking on a cell phone and appeared agitated about not being able to enter the car. I observed the male kick the driver door and hit the driver side mirror with his hand. The male starting yelling into his cell phone as he walked back to the Fury. At 0010 hours, I observed four males urinate onto the grass next to my car. Some females walked by and observed the males urinating. The females made a comment about "little boys." One of the males yelled back at the females that they were not little boys, but men. The male continued to yell that she could come back and "suck them." The four males huddled together near my car. I observed one male with his back to me holding out an unknown item in front of him. I observed the other males take turns as they bent forward and held a straw like object to their nose towards the object in front of this male. The males appeared to inhale and then wipe their noses afterward. In my experience, this behavior and action was consistent to subjects ingesting a narcotic. At approximately 0100 hours, i decided to walk the parking lots again. 1 observed a female and male enter the back seat of a Suburban vehicle in the 1st floor of the parking structure. After a few minutes, the vehicle's car alarm sounded and then went off. I walked over to the vehicle and observed the mate's pants were down to his knees. The female was performing oral copulation on the male. I shined my flashlight on them and identified myself as a police officer. The female stated her boyfriend was kicked out the Fury for "harassing" a waitress. I observed both subjects exhibited the signs of intoxication. Approximately 20 minutes later, I checked on them again. i observed the female was in the drivers seat and the male passed out in a rear seat. M0 N. PORT BEACII Poi.ict,' DFPARTMF.N*, SUPPLEMENTAL REPORT - FIELD Date/Time of Report Type of Original Report DR Number 1130108 0730 Tile 20 Zoning Violation 08-969 Dale of Original Occurrence Location of Original Occurrence RD of Occurrence 112512008 4221 Dolphin Striker Way 34 V Victim's Last Name (Firm Name if Business) First Middle DOB Age City Of Newport Reach ------- WVC City State zip Res. Bus. Phone T Person Reporting Last Name First Middle DOB Age R P A- --- - -------- Ists- - Address is ii—rf�i. Phone p Bus. Phone S "so Ht V' Name if Known, Booking No. & Charge if Arrested !DOB Age Sex Desc Hqt Wgt Hair Eyes U Owners of Fury S Address I city Ste Res. Phone Bus. Phone P 4221 Dolphin Striker Way I Newport Beach CA 92660 E C Personal Oddities (Unusal Features, Sears, Tattoos, Etc.) Weapon (Describe Fully) T Name if Known, Booking No. & Charge If Arrested DOB Age I Sex i Desc Hgt Wgt Hair Eyes U S Address CIly State Zip Res. Phone Bus. Phone P E C Personal Oddities (Unusal Features. Sears, Tattoos, Etc.) Weapon (Describe Fully) T # Clothing 2 — Veh. Lic, No. State !Year Make Model Type Color(s) V E ❑ Vict H 0 $us -- ' Inside Color Body Modification Body Damage (I)Additlonal Information Reported. (2) If Property Invoked, Itemize, Describe and Show Value, Listing All Serial Numbers. On 1126108 at 2200 hours, Detective and I arrived at OFury" to conduct an undercover operation. Upon arrival, I observed two lines along the south side of the building. A member of the security staff announced that the line closest to the building was for people on the "guest list" and the other line was for people with "reservations ". I eafimated there to be approximately 30 people waiting to enter when we arrived. In front of the building there were approximately six employees walking back and forth or sifting on the small well. I recognized several of these employees including the I also recognized a male Asian who controls access at the front of the line. On a previous visit (11102107), 1 observed this employee telling patrons there was a $20 cover charge and accepting cash prior to letting them enter. On this occasion, I heard and observed the same subject as he accepted cash ("$20 cover) from countless people who circumvented the lines. imaada� An Im no NoL Reporting Officer(s) ID No. Person Reporting (Signature) "ID Cler Datefrime Reproduced/Dist. Cler W so I MWO Fam 3-1] (Rw- 0441) suppl amen tel Repon - Fim Nt ?ORT BFACR POLICE. I)F.PARTMFN "1 Continuation Sheet Page No. Type of Report Booking No, DR Number 2 Supplemental Report - Field 08 -959 DetecUAMW and I remained at the front of the line from 2200 hours until 2330 hours. During this time, I observed no less than 200 subjects enter the establishment. The male Asian controlling access was holding a counter used to keep track of the number of people entering. While watching this employee, I observed him depress the counter twice after letting in approximately 20 people. This indicated to me that he did not keep an accurate count of how many people he allowed access to the establishment. Also, he only had one counter and had no way of keeping track of how many people exited the establishment. After waiting in line for an hour and a half, Detective'wnd I returned to our vehicle. From where we were parked, we had an unobstructed view of the line and people entering and exiting the establishment from the front. While sitting in our vehicle, I observed three males urinate outside within an hours time. At approximately 0030 hours, the music inside was loud enough to be heard clearly from the Classic Q which is across the parking lot. Just prior to 0100 hours, I observed approximately 40 patrons exit the bar over the course of about five minutes. Uniformed NBPD officers then entered the establishment. It was estimated by these officers that the establishment was over crowded. Additional officers arrived and a count -out ensued. During the count -out, I observed several patrons who appeared to be intoxicated. One female was assisted by two friends who held her hands and supported her by the elbows as they walked her out. A male who exited was unsteady on his feet and stumbled around a Hummer limo that pulled up near the exit. His shirt was partially unbuttoned exposing his bare stomach and he continued to rub his face. Eventually he made his way into the Hummer limo. Once officers arrived to conduct the count -out, I observed one member of the security staff briefly walk through the parking area near the entrance. This employee was shining his light and asking people to leave who had been standing around. Once the count out was underway, I did not observe any of the security staff in the parking area assisting with the extremely large crowd. Refer to connected reports for further details. S ID No. Reporting Officer(s) ID No. amp ev I'M NEWPORT BEACH POLICE DEPARTMENT EMPLOYEES REPORT "Fury 07 -11978 Date and Time Occurred location of Occurrence RD 11/9/2007 2030 4221 Dolphin Striker Way 34 11/15/2007 0600 On 11/09/07 at 2030 hrs, Detective and I arrived at "Fury" restaurant and nightclub. We were at the location to conduct an undercover operation. Detective completed an Employees Report documenting our observations during the operation. At approx 2330 hrs, I was standing at the East side of the bar. I was watching the V.I.P section of the club. This area was restricted to normal patrons. Patrons purchasing bottle service were allowed to sit in this section. I was facing the first booth located in the V.I.P section which was directly across from the Disc Jockey station on the East side of the club. I was probably ten feet from this booth which was roped off from normal patrons. I observed three males and two females seated at the booth. The male subject seated closest to me was wearing black pants and an off colored white shirt. He had a darker complexion and appeared to be of Middle Eastern decent. At one point I watched the subject take a black vial from his right front pants pocket. He took the top off the vial and placed it up to his nostril snorting an unk substance. He screwed the top back on the vial and placed it back in his pants pocket. This type of behavior is consistent with the use of powder Cocaine. I continued to watch this individual during the operation. He remained in the club after closing talking to the staff at Fury. I remained outside the club approx 30 minutes after closing; at no time did this subject leave the club. Refer to Detective Employee report for further details documenting the undercover operation. `0, NEWPORT BEACH POLICE DEPARTMENT EMPLOYEES REPORT Subject DR Number Fury ,07 -11978 Date and Time Occurred Location of Occurrence RD 1119/2007 2030 4221 Dolphin Striker Way 34 To:(Rank, Name,Assignment,Division) Date and Time Reported 11/13/2007 1100 On 11/09/07 at 2030 hours, Detective and I arrived at "Fury" to conduct an undercover operation. Prior to our arrival, I had made dinner reservations over the telephone. I asked the hostess how late they served dinner and she stated until 0045 hours. I then asked how late they would accept a dinner reservation and she stated 2030 hours. She then explained in detail that by 2200 hours the tables were set up for "bottle service ". She stated if I wanted to reserve a table for bottle service that I could stay at the table and be served dinner as late as 0045 hours. She stated that the minimal cost of a bottle was $275.00 per four people. She also stated that I would be required to prepay with a credit card at the time the reservation was made. Without prepaying for bottle service, the latest I could make a dinner reservation was 2030 hours. This conversation was recorded. Upon arrival, we were met outside by a male Asian who from previous visits I surmised as being a security employee. There was no line and he greeted us at the bottom of the entry. I gave my name for the dinner reservation and he looked at a clipboard. He then said "OK" and asked for identification from both nd myself., The employee took our drivers license and swiped them through a hand held machine without inspecting them. The employee then glanced at the small monitor on the device before letting us pass. Once inside, we remained at our table after eating dinner. By 2145 hours, I observed the dinning area begin to transform. Tables that had previously been used for dinning were being removed from the floor. This occurred near the front door and on the south side near the bar. I would estimate at least six tables were removed. By approximately 2145 hours, our waiter was finished with his shift. He stated as long as business was slow, we would probably be able to stay at our table. At approximately 2200 hours, I noticed the waiting staff had changed hands. Now, the staff consisted of female cocktail type waitress' and no males. A cocktail waitress began taking our drink orders. She initially asked for a credit card to open a tab for us. told her we were paying cash. I soon noticed that the drink price had gone up since dinner, We later learned that a service charge of over $3.00 had been added to each order. 19 Date and Time Reproduced and Distributed Clerk 1tIX&to-7 tsoq K.K Reporting No. tai NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. Type of Report Booking No. DR Number 2 Employees Report 1 1 07 -11978 Access to the dinning area above the dance floor was restricted after 2200 hours for bottle service. The walk space in this area became a dance floor for a large number of people. This area was roped off and manned by a bouncer. I attempted to enter this area while on my way to the dance floor. I was stopped by the bouncer and asked if I had a hand stamp. When I asked what the hand stamp was for, he said "bottle service ". By 2300 hours, the bar stools had been removed from around the bar. VMand I left at 0145 hours. By 0030 hours, I observed at least six very intoxicated patrons. We remained in the area and observed a subject leave the bar and attempt to start fights with two different people. I called NBPD dispatch and requested marked units to disperse the crowd. Three units arrived in a short time and the crowd dispersed without further incident. ID No. IReporUng Officer(s) ID No. pp ��• 16 l