SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff vs. Louie Montenegro , Robert Montenegro , Alisha Mendoza aka Alicia Mendoza ) ) ) ) ) ) ) ) ) ) ) ) ) ) COURT CASE NO. FWV1201178 FIRST AMENDED INFORMATION Arraignment Date: 11/09/12 Department: R2 DA CASE NO. 2012-00-0025100 Defendant I N F O R M A T I O N S U M M A R Y _ _ Ct. No. 1 Charge PC206 2 PC206 Charge Range Life Life 3 PC273d(a) 4 PC273d(a) 5 PC273a(a) 6 PC273a(a) Special Allegation Alleg. Effect Louie Montenegro Robert Montenegro PC12022.7(d) PC12022.7(d) 5-6 5-6 Louie Montenegro Robert Montenegro PC12022.7(d) 5-6 Defendant Louie Montenegro Robert Montenegro Louie Montenegro Robert Montenegro 2-4-6 2-4-6 Alisha Mendoza Alisha Mendoza 2-4-6 2-4-6 Page 1 Amended Information DA CASE NO: 2012-00-0025100 The District Attorney of the County of San Bernardino, by this Information alleges that: COUNT 1 On or about May 13, 2012, in the above named judicial district, the crime of TORTURE, in violation of PENAL CODE SECTION 206, a felony, was committed by Louie Montenegro and Robert Montenegro, who did unlawfully and with the intent to cause cruel and extreme pain and suffering for the purpose of revenge, extortion, persuasion and for a sadistic purpose, inflict great bodily injury, as defined in Penal Code section 12022.7, upon Jane Doe. "NOTICE: Conviction of this offense will require you to provide specimens and samples pursuant to Penal Code section 296. Willful refusal to provide the specimens and samples is a crime." ***** COUNT 2 On or about May 13, 2012, in the above named judicial district, the crime of TORTURE, in violation of PENAL CODE SECTION 206, a felony, was committed by Louie Montenegro and Robert Montenegro, who did unlawfully and with the intent to cause cruel and extreme pain and suffering for the purpose of revenge, extortion, persuasion and for a sadistic purpose, inflict great bodily injury, as defined in Penal Code section 12022.7, upon John Doe. "NOTICE: Conviction of this offense will require you to provide specimens and samples pursuant to Penal Code section 296. Willful refusal to provide the specimens and samples is a crime." ***** COUNT 3 On or about May 13, 2012, in the above named judicial district, the crime of CORPORAL INJURY TO CHILD, in violation of PENAL CODE SECTION 273d(a), a felony, was committed by Louie Montenegro and Robert Montenegro, who did willfully and unlawfully inflict cruel Page 2 Amended Information DA CASE NO: 2012-00-0025100 and inhuman corporal punishment and injury, resulting in a traumatic condition, upon a child, to wit, Jane Doe. "NOTICE: Pursuant to Penal Code Section 11166 and 11168, a Suspected Child Abuse Report (SCAR) may have been generated in this case. Penal Code Section 11167 and 11167.5 limit access to a SCAR. A protective order issued by a court is necessary to obtain a copy of the report." It is further alleged, within the meaning of Penal Code section 12022.7(d), as to count(s) 3 that defendants Louie Montenegro and Robert Montenegro personally inflicted great bodily injury on Jane Doe who was under the age of five years. ***** COUNT 4 On or about May 13, 2012, in the above named judicial district, the crime of CORPORAL INJURY TO CHILD, in violation of PENAL CODE SECTION 273d(a), a felony, was committed by Louie Montenegro and Robert Montenegro, who did willfully and unlawfully inflict cruel and inhuman corporal punishment and injury, resulting in a traumatic condition, upon a child, to wit, John Doe. "NOTICE: Pursuant to Penal Code Section 11166 and 11168, a Suspected Child Abuse Report (SCAR) may have been generated in this case. Penal Code Section 11167 and 11167.5 limit access to a SCAR. A protective order issued by a court is necessary to obtain a copy of the report." It is further alleged, within the meaning of Penal Code section 12022.7(d), as to count(s) 4 that defendant Louie Montenegro personally inflicted great bodily injury on John Doe who was under the age of five years. ***** COUNT 5 On or about May 13, 2012, in the above named judicial district, the crime of CHILD ABUSE, in violation of PENAL CODE SECTION 273a(a), a felony, was committed by Alisha Page 3 Amended Information DA CASE NO: 2012-00-0025100 Mendoza, who did willfully and unlawfully, under circumstances likely to produce great bodily harm and death, injure, cause, and permit a child, Jane Doe, to suffer and to be inflicted with unjustifiable physical pain and mental suffering, and, having the care and custody of said child, injure, cause, and permit the person and health of said child to be injured and did willfully cause and permit said child to be placed in such situation that his/her person and health was/were endangered. "NOTICE: Pursuant to Penal Code Section 11166 and 11168, a Suspected Child Abuse Report (SCAR) may have been generated in this case. Penal Code Section 11167 and 11167.5 limit access to a SCAR. A protective order issued by a court is necessary to obtain a copy of the report." ***** COUNT 6 On or about May 13, 2012, in the above named judicial district, the crime of CHILD ABUSE, in violation of PENAL CODE SECTION 273a(a), a felony, was committed by Alisha Mendoza, who did willfully and unlawfully, under circumstances likely to produce great bodily harm and death, injure, cause, and permit a child, John Doe, to suffer and to be inflicted with unjustifiable physical pain and mental suffering, and, having the care and custody of said child, injure, cause, and permit the person and health of said child to be injured and did willfully cause and permit said child to be placed in such situation that his/her person and health was/were endangered. "NOTICE: Pursuant to Penal Code Section 11166 and 11168, a Suspected Child Abuse Report (SCAR) may have been generated in this case. Penal Code Section 11167 and 11167.5 limit access to a SCAR. A protective order issued by a court is necessary to obtain a copy of the report." ***** * * * * * Pursuant to Penal Code Section 1054.5(b), the People are hereby informally requesting that defense counsel provide discovery to the People as required by Penal Code Section 1054.3. THIS INFORMATION CONSISTS OF 6 COUNT(S). Page 4 Amended Information DA CASE NO: 2012-00-0025100 MICHAEL A. RAMOS DISTRICT ATTORNEY County of San Bernardino State of California By: Karen Schmauss Karen Schmauss Deputy District Attorney Filed in Superior Court, County of San Bernardino Dated: _______________ Page 5 Amended Information DA CASE NO: 2012-00-0025100