18 June – LAWFUEL – The Law News Network – The U.S. Attorney’s Off…

18 June – LAWFUEL – The Law News Network – The U.S. Attorney’s Office for the Northern District of California announced that a federal grand jury in San Francisco today charged two additional defendants in connection with the murder of Beverly Robinson in the Sunnydale Housing Development in April, 2004. The superceding indictment charges Robert Calloway, a.k.a. “Papa,” age 21, and Dornell Ellis, a.k.a. “D Map,” age 24, with committing a violent crime in aid of racketeering (VICAR).

Edgar Diaz, a.k.a. “Hook,” Don Johnson, a.k.a. “Skanoodles” or “Noodle,” and Rickey Rollins, a.k.a. “Lil Rick,” were arrested last March on VICAR charges, and face the same charges in this superceding indictment. All five defendants are from San Francisco. Edgar Diaz and Rickey Rollins were arrested on March 8, 2005, and Don Johnson was arrested on March 9, 2005. All five defendants face a maximum sentence of life in prison or the death penalty.

According to a complaint filed previously in connection with this case, Beverly Robinson was shot three times on April 15, 2004, and died the next day from his wounds. Members of the “Down Below Gangsters,” a.k.a. “DBG” were allegedly looking for a handgun that had previously been hidden in a car owned by the victim. According to the complaint, the handgun was “hot,” meaning it had been used in a recent homicide, and gang leaders had ordered the gun to be found and discarded. Members of the gang allegedly found Robinson, accompanied him to a unit in the Sunnydale housing complex, walked him around the side of the housing unit and began shooting at him, causing wounds that killed him.

“These additional charges show our commitment to pursuing justice for murder victims and their families, even if the suspects are serving prison terms for other crimes. Federal racketeering statutes are powerful tools that can be used to address violent gang crime on our city streets, and we will use them to their fullest extent when appropriate.” said U.S. Attorney Kevin V. Ryan. “I applaud the commitment and determination of the FBI and the San Francisco Police Department in working together to end this tragic violence.”

According to the indictment, the purpose of the “Down Below Gangsters” included:

* Enriching the members and associates of the enterprise through, among other things, murder and distribution of narcotics.
* Preserving and protecting the power, territory and profits of the enterprise through the use of intimidation, violence, threats of violence, assaults and murder.
* Promoting and enhancing the enterprise and its members’ and associates’ activities.
* Keeping victims in fear of the enterprise and in fear of its members and associates through threats of violence and violence.
* Also according to the indictment the “Down Below Gangsters” used the following methods in the conduct of the affairs of the organization:

* Members of the enterprise and their associates promoted a climate of fear through violence and threats of violence.
* Members of the enterprise and their associates used and threatened to use physical violence against various individuals.
* Members of the enterprise and their associates trafficked in controlled substances, including cocaine base, ecstasy, and marijuana.

Edgar Diaz, Don Johnson, and Rickey Rollins are currently in federal custody. Arrest warrants have been issued for Dornell Ellis and Robert Calloway, both of which are serving prison terms in state prison. Ellis is scheduled for release on June 17, 2005, and Calloway’s expected release date is in early 2007.

The maximum statutory penalty for committing a violent crime in aid of racketeering is life in prison or the death penalty, and a $250,000 fine. However, any sentence following conviction would be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. 3553. An indictment only contains allegations against an individual and, as with all defendants, these defendants must be presumed innocent unless and until convicted.

The prosecution is the result of a joint investigation by the FBI and the San Francisco Police Department. Phillip J. Kearney and Hartley West are the Assistant U.S. Attorneys who are prosecuting the case.

A copy of this press release and related court filings may be found on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can . Related court documents and information may be found on the U.S. District Court website at www.cand.uscourts.gov or on .

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