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HomeMy WebLinkAboutExhibit 40EXHIBIT No. 40 January 31, 2008 Police Department Undercover Reports Fury Revocation Hearing February 21, 2008 P NEWPOR'r BEACH Poi,icL DEPARFIVIEN-1 SUPPLEMENTAL REPORT - FIELD Date/Time of Report Type of Original Report DR Number 02/042008 1000 Title 20 Zoning Violaton 08-01078 Date of Original Occurrence Location of Original Occurrence RD of Occurrence 113112008 4221 Dolphin Striker Way 34 V Victim's Last Name (Finn Name if Business) First Middle DOB Age City Of Newport Beach Address i City i State zip Ftes. Phone 'Bus. Phone T Person Reporting Last Name First Middle jDOB Age R P Add- . ...... ress City State Zip R es. Phone Bus. Phone S Name if Known, Booking No. & Charge if Arrested 'DOB Age Sex Desc I Hqt 1 Wgi Hair !Eyes U Owners of Fury Rok and Rol Sushi Lounge S Address' lCity 1 State Zip ;Res. Phone , Bus . Phone P E. ..... . ........ . ..... ........... ... .... ..... .. C Personal Doilies (Unusal-F-eatures-, Scars, Tattoos, Etc.) !Weapon (Describe Fully) T 0 Clothing S Name if Known, Booking No. & Charge if Arrested !DOB i Age i Sex IDesc 1 Hgt Wgt Hair ;Eyes U S ... .......... . ......... .. . .. Address Icily IState ;F Zip 'Res Phone :Bus.Phone P E -- --------- -- ..... .. --------- .. ....... . .... .. . . .. . ........ Personal Oddities (Unusal Features, Sears, Tattoos, Etc.) Weapon (Describe Fully) T Clothing - ---- - --- 2 'Veh. LIc. No. I State Year IMake 1 Model ': Type i Color(s) V E 0 Vlct H Sus Inside Color Body Modification I Body Damage (1) Additional Information Reported. (2) If Property Involved, Ilemize, Describe and Show Value, Listing All Serial Numbers, On 01/3112008 at approximately 9:30 p.m., Detectives! and I went to Fury Rok and Rol Sushi Lounge in an undercover capacity to observe how the business was being conducted. DetectiAWant;M had dinner reservations and went inside the establishment. Refer to detective supplemental report for details of their observations. Detectivemmirid I maintained observation of the business from the surrounding parking lots. Refer to detective M supplemental report for details of his observations. Upon arriving at Fury, I noticed there were plenty of parking spaces available within the lot and there was no line to enter the business. Throughout the night the lot would remain somewhat open and no one had to wait in a line to enter the business; it was a very slow night. I saw two male subjects, at different times, urinate between parked cars in the west parking lot. There appeared to be 3 to 4 security people standing at the front doors and at the bottom of the ramp to the entrance. I never saw Supervis •ID No. Reporting Officer(s) ID No. Person Reporting (Signature) Date/Time Repr uced/Dist. Clerk NOPDF"3.17(1e 11-06) TOPTe—mental Report • Field )itl N i-.w PORT BEACH POLICL'. DEPARTIVIENT 2 08 -01078 (1) List additional suspects, victims, involved persons. (2) List stolen/recovered property. (3) Reconstruct the occurrence: include all element: 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, butt action). Bartel length, Model, Serial No., and note if associated with a homicide or major crime. Inscriptions. description item In # Quantity Article Brand Model Serial No. (Color, Size, Caliber, Etc.) Dollar Value security walk the parking lot. They stood around for periods of time next to each other. At approximately 10:35 p.m., I did see a marked MPP security car pass eastbound through the parking lot next to Saagar restaurant. We concluded our observations on 02/01/2008 at approximately 1:00 a.m. 4 ID No- It, NEWPORT BEACH Poi.icr. DEPARTMENT SUPPLEMENTAL REPORT - FIELD Daterl-ime of Report Type of Original Report DR Number 2/1/08 1300 Crime 08-1078 Date of Original Occurrence Location of Original Occurrence RD of Occurrence 1/3112008 4221 Dolphin Striker Way 34 V Victim's Last Name (Firm Name if Business) First Middle �DOB Age The City Of Newport Beach C . . . .. ..... ...... City State I zip �Re s. Phone L_..._ -Bus. Phone T Person Reporting Last Name First Middle !DOB Age R P Address .... . . .... city Starw zipt likes. Phone ;Sus. Phone S Name if Known, Booking No. & Charge if Arrested :DOB Age Sex Dew i Hgt i Wgt Hair Eyes U The Owners of Fury S Adtimn e :ZI p i - .hone F, E C - -_ ----- ---- Personal Oddities (Unusal Features-, Tattoos-, Etc.) !Weapon (Describe Fully) T 4 Clothing 1 S Name if Known. Booking No. Charge if Arrested IDOB Age Sex 'Dew a Hgt Wgt I Hair 1 Eyes U S City i State Zip iRes. Phone Bus. Phone P E C Personal Oddities (Unusal Features, Scars, Tattoos, Etc.) 'Weapon (Describe Fully) T - -------- --- ......... . ..... ........ CbfhIng 2 Veh. Lic. No. i State Year IMake Model !Type I Color(s) V E Q Vlct H ❑ Sus I Inside Color I Body Modification Body Damage (t) Additional Information Reported. (2) If Property Involved, Itemize, Describe and Show Value, Listing All serial Numbers. On 1131/08 at approximately 2130 hours, I arrived at the Fury to assist in an undercover operation- My assignment was to monitor the parking lot and outside area near the Fury. Upon arrival, I observed many open parking spaces_ Most of these spaces remained open throughout the night due to a lighter than usual turn out. From where I parked, I could observe people who came and went from the establishment. At approximately 2220 hours, a male stopped and vomited a few cars away from where I was parked. At approximately 2300 hours a silver BMW parked a few spaces from me. The three occupants began walking toward the front of Fury. A short time later, the male driver returned to the vehicle. He opened the drivers door and put his left foot inside. He then removed an unknown (small) object from inside his left sock and placed it on the floorboard between the drivers seat and door. Based on my training and experience, I believed the subject had removed an unknown illegal substance from his sock and left it inside his vehicle. Supervisr D No. Reporting Officer(s) Person Reporting f. DatelTi VOWW/Oist.. Clerk (RO, o o SUPPli Report - Field Nv,m,owr BEACH POLICE DrPARTMrN'r Continuation Sheet tlb NF.wPowi, BEACH POLICE ]DEPARTMENT SUPPLEMENTAL REPORT - FIELD Datefflme of Report Type of Original Report DR Number 2/1/08 1600 Crime 08-01078 Date of Original Occurrence Location of Original Occurrence RD of Occurrence 1131/2008 4221 Dolphin Striker Way 34 V Victim's Last Name (Firm Name if Business) First Middle DOB 1 Age State Of California C Address Scit y State IZip ',Res. Phone !Bus.Phone T N First Middle IDOB Age R oPersinortii "La6t P ress City State 'Zip ;Res. Phone 'Bus. Phone 870 Santa Barbara Newport Beach CA i 9267 i 949-644-3756 S Name if Known. Booking No. & Charge if Arrested IDOB Age I Sex i Dese Hgt Wgt Hair 'Eyes U Fury Rock N Roll Sushi Lounge S ...... ....... .... ... A�tarass .. . .... ---- ----------- -- . .... ...... .. .. city state 21P iRes. Phone iBus.Phone P 4221 Dolphin Striker Way I Newport Beach i CA !92660 E... .... ..... .. . ... Personal Oddities (Unusal Features, Scars, Tattoos, Etc.) iWeapon (Desci ibe Fully) T # Clothing ----- --- S Name if Known, Booking No. & Charge if Arrested 1DOB Age I Sex I Desc Hgt Wgt Hair Eyes U S Address 1! city I State Zip !Res.Phone 'Bus. Phone P EL C --------- ------- ---- Personal Oddities (Unusal Features. Scars, Tattoos, Etc.) Weapon (Describe Fully) T Clothing 2 1 Veh. Lie. No. State iYear Make 1 Model Type Color(s) V E H OV'ct .. . ........... 11 Sus Inside Color Body Modification Body Damage (1) Additional Information Reported. (2) If Property Involved, Itamime. Describe and Show Value, Listing All Serial Numbers. On 1/31/08, at 2130 hours, Detective lWand I arrived at 'Fury" to conduct an undercover operation. Prior to our arrival, I phoned in a dinner reservation for 2130 hours. There were no people waiting in line when we arrived at the entrance to "Fury." We were met by a bouncer at the entrance who requested our ID's. The bouncer appeared to examine the ID cards before swiping them on his handheld scanning device. The bouncer looked at the scanning device before allowing us to pass into the establishment. Once inside, we observed two females who told the host they were under twenty one. The host told the females they could stay for dinner, but had to leave by 2200 hours. Detective 6% Ind I were seated immediately and remained at our table after eating dinner. At around 2130 hours, employees removed ID No. Reporting Officer(s) ID No. Person Reporting (Signature) [S:upe:rv:,,,v Date/Time Re -- luiAmist. Clark Date/Ti I N Form 3.17 (Rev 1Pj Supplemm(al Report - Field NrwI`0R7 BEACH POLICE AEPARTMBNT (Page No. (Type of Investigation IDR No_ - - - - -- l 2 08-01t)7"5 I (1) List additional suspects, victims, involved persons. (2) List stolenlrecovered property. (3) Reconstruct the occurrence: Include all elemer 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, bolt action). Barrel length, Model. Serial No., and note if associated with a homicide or major crime. . -.._. .... _..._ ___..._._. ...... __— _..___ Item # Quantity Article Brand Model Serial No. Misc. descriptioi Dollar Value (Color, Size, Inscriptions, Caliber, Etc.) .--- ._.__..__— .______._.___ —.. the bar stools from the area around the bar. Our waitress closed our tab at around 2130 hours. We observed only one other group who ordered food after 2100 hours. By 2300 hours, there were around two hundred and fifty patrons inside the establishment. There was live entertainment. There were around five or six bouncers inside the establishment and were positioned mainly in the dining area and entrance. At around 0000 hours, Detectivroequested a dinner menu from an employee. We were provided with a menu, which had around ten food items listed. This menu was two pages shorter than the dinner menu we were given at 2130. The items on the shorter menu included seared blue fin salad, scallops, sushi and fillet mignon skewers. We ordered fillet mignon skewers, The skewers were hot and appeared to have been recently grilled. There were only a few booths who received "bottle service." After 2330, the Crowed thinned out and there were only around one hundred and fifty to two hundred patrons inside. Detectivef Rnd I observed two intoxicated females who were walking around the bar area. Both females exhibited poor balance and slurred speech. They were not removed from the premises by bouncers. ID No. 10- NF,WPo RT Br•.ACU POLICE. DEPARTIMENr SUPPLEMENTAL REPORT - FIELD DatelTime of Report Type of Original Report DR Number 2/5/08 0800 Crime, Supplemental 08 -01078 Date of Original Occurrence Location of Original Occurrence RD of Occurrence 1/31/2007 4221 Dolphin Striker Way 34 V Victim's Last Name (Firm Name if Business) First Middle IDOB Age State Of California I C Address 1city 1 State IZip .Res Phone .. ... ........... I Bus.Phone T Person Re ortin Last Name First Middle !DOB Age R ' P Address city State zip !Res. Phone Bus. Phone 670 Santa Barbara Newport Beach CA 192660 I 949 -644 -3756 S Name if Known, Booking No. &Charge if Arrested ;DOB I Age , Sex Desc I Hgt I Wgt Hair rE yes U Fury Rock N Roll Sushi Lounge ; S Address cit y state - - Re�s.. . PP hone - - - - - - IZip .Bus. Phone P 4221 Dolphin Striker Way Newport Beach i CA 192660 E_.. -.... .......... I. - C Personal Oddities (Unusal Features, Scars, Tattoos, Etc.) i Weapon (Describe Fully) T # t _._. _ ..... ...._.. _. Clo othhinin g 1 Name if Known, Booking No. &Charge if Arrested :DOB Age Sex I Desc ; Hgt Wgt j Hair ! Eyes S L1 S Address icily ;State i Zip !Res. Phone 'Bus. Phone P E _._ !_..._...._.___.._.._... —... - .... .......... ..- ..... - ... ... — .- .;.._..- .... -.. -......._....._ C Personal Oddities (Unusal Features, Scars, Tattoos, Etc.) Weapon (Describe Fully) T # ..........._..__ ._.... ...._.. .. Clothing 2 i Veh. Lie. No. 1 State i Year I Make 1 Model ; Type 1 Color(s) V E I i i ❑ Vlct ..... H El Sus Inside Color (Body Modification Body Damage (1) Additional Information Reported. (2) If Property Involved, Itemize, Describe and Show Value, Listing All Serial Numbers. On 211108 1 completed a Supplemental Report detailing an undercover operation at the Fury sushi lounge. In my report, I indicated Detectiveeand I arrived at the establishment at 2130 hours. I also wrote that at around 2130 hours, employees removed the bar stools from the bar area and our waitress closed our tab. While Detectiveapand I did arrive at the establishment at 2130 hours, employees didn't remove the bar stools and close our tab until 2230 hours (around an hour after our arrival at the location). Super No. Reporting Offioer(s) ID No. Person Reporting (Signature) DatelTiine R roduced Is . Uteri< REPO Fortn a.t] (Rev. 12M) Supplemental Report - Field