FILED BY DISTRICT ATTORNEY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff
vs.
Brian Lynn Bohn , Defendant
COURT CASE NO. FSB1302483
FIRST AMENDED
FELONY COMPLAINT
DA CASE NO. 2013-00-0028056
The undersigned is informed and believes that:
COUNT 1
On or about June 7, 2013, in the above named judicial district, the crime of MURDER, in violation of PENAL CODE SECTION 187(a), a felony, was committed by Brian Lynn Bohn, who did unlawfully, and with malice aforethought murder Allen Newton, a human being.
“NOTICE: The above offense is a serious felony within the meaning of Penal Code section 1192.7(c) and a violent felony within the meaning of Penal Code section 667.5(c).”
“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 June 7, 2013, in the above named judicial district, the crime of KIDNAPPING, in violation of PENAL CODE SECTION 207(a), a felony, was committed by Brian Lynn Bohn, who did unlawfully, forcibly and by instilling fear, steal, take, hold, detain or arrest Jane Doe in San Bernardino County, California, and did take the said Jane Doe into another country, state, county and another part of San Bernardino County.
“NOTICE: The above offense is a serious felony within the meaning of Penal Code section 1192.7(c) and a violent felony within the meaning of Penal Code section 667.5(c).”
“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 June 7, 2013, in the above named judicial district, the crime of FALSE IMPRISONMENT BY VIOLENCE, in violation of PENAL CODE SECTION 236, a felony, was committed by Brian Lynn Bohn, who did unlawfully violate the personal liberty of Jane Doe, said violation being effected by violence, menace, fraud, and deceit.
*****
COUNT 4
On or about June 7, 2013, in the above named judicial district, the crime of CORPORAL INJURY TO SOUSE/COHABITANT/CHILD’S PARENT, in violation of PENAL CODE SECTION 273.5(a), a felony, was committed by Brian Lynn Bohn, who did willfully and unlawfully inflict corporal injury resulting in a traumatic condition upon Jane Doe, who was the mother of defendant’s child.
“NOTICE: Conviction of this offense will require you to provide specimen s and samples pursuant to Penal Code section 296. Willful refusal to provide the specimens and samples is a crime.”
It is further alleged, within the meaning of Penal Code section 12022.7(e), as to count(s) 4 that in the commission of the above offense, the said defendant(s) Brian Lynn Bohn, personally inflicted great bodily injury upon Jane Doe, under circumstances involving domestic violence.
*****
COUNT 5
On or about June 7, 2013, in the above named judicial district, the crime of CHILD ABUSE, in violation of PENAL CODE SECTION 273a(a), a felony, was committed by Brian Lynn Bohn, 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.”
It is further alleged, within the meaning of Penal Code section 12022.7(d), as to count(s) 5 that defendant personally inflicted great bodily injury on John Doe who was under the age of five years.
COUNT 6
On or about May 17, 2013, in the above named judicial district, the crime of FIRST DEGREE RESIDENTIAL BURGLARY, in Violation of PENAL CODE SECTION 459, a felony, was committed by Brian Lynn Bohn, who did enter an inhabited dwelling house and trailer coach and inhabited portion of a building occupied by Jane Doe, with the intent to commit larceny and any felony.
“NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code section 667.5(c).”
“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.”
“NOTICE: It is further alleged that a conviction of the above offense prohibits a grant of probation pursuant to Penal Code Section 462(a), except in unusual cases where the interest of justice would best be served if probation is granted.”
*****
COUNT 7
On or about May 17, 2013, in the above named judicial district, the crime of CORPORAL INJURY TO SPOUSE/COHABITANT/CHILD’S PARENT, in violation of PENAL CODE SECTION 273.5(a), a felony, was committed by Brian Lynn Bohn, who did willfully and unlawfully inflict corporal injury resulting in a traumatic condition upon Jane Doe, who was the mother of defendant’s child.
“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 8
On or about March 27, 2013, in the above named judicial district, the crime of RECEIVING STOLEN PROPERTY, MOTOR VEHICLE, in violation of PENAL CODE SECTION 496d(a), a felony, was committed by Brian Lynn Bohn, who did unlawfully buy and receive 2011 Aztect Trailer VIN#4ZBEN2209BF000278 that was stolen and had been obtained in a manner constituting theft and extortion, knowing the property to be stolen and obtained, and did conceal, sell, withhold, and aid in concealing, selling and withholding said property.
It is further alleged pursuant to Penal Code section 666.5 as to count(s) 8 that the defendant(s) Brian Lynn Bohn was previously convicted of a violation of the following crime(s):
Court Case – FSB800202
Code/Statute – PC496d
Conv Date – 03/06/2008
County – San Bernardino
State – CA
Court Type – Superior
*****
On or about March 27, 2013, in the above named judicial district, the crime of RECEIVING STOLEN PROPERTY, in violation of PENAL CODE SECTION 496(a), a felony, was committed by Brian Lynn Bohn, who did unlawfully buy, receive, conceal, sell, withhold, and aid in concealing, selling, and withholding property, to wit, Personal Property, which had been stolen and obtained by
extortion, knowing that said property had been stolen and obtained by extortion.
*****
COUNT 10
On or about July 20, 2012, in the above named judicial district, the crime of CORPORAL INJURY TO SPOUSE/COHABITANT/CHILD’S PARENT, in violation of PENAL CODE SECTION 273.5(a), a felony, was committed by Brian Lynn Bohn, who did willfully and unlawfully inflict corporal injury resulting in a traumatic condition upon Jane Doe, who was the mother of defendant’s child.
“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.”
It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 that the defendant(s) Brian Lynn Bohn committed the above offense while on felony probation within the meaning of Penal Code section 1203(k).
It is further alleged that the defendant is currently on felony probation in FSB1201827 and should the instant case proceed to preliminary hearing the People will request that the court hold a concurrent Vickers Hearing on the probation case.
It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 pursuant to Penal Code section 667.5(b) that the defendant(s) Brian Lynn Bohn, has suffered the following prior conviction(s):
Court Case(s) – FSB800202 – RIF127917
Code/Statute – PC496d – PC 496d
Conv Date – 03/06/2008 – 04/08/2008
County – San Bernardino
State – CA
Court Type – Superior
and that a term was served as described in Penal Code section 667.5 for said offense(s), and that the defendant(s) did not remain free of prison custody for, and did commit an offense resulting in a felony conviction during, a period of five years subsequent to the conclusion of said term.
*****
It is further alleged as to count(s) 1,2, 3, 4, 5, 6, 7, 8, 9 and 10 pursuant to Penal Code section 667.5(b) that the defendant(s) Brian Lynn Bohn, has suffered the following prior conviction(s):
Court Case – FSB800202
Code/Statute – HS 11351
Conv Date – 10/23/2009
County – San Bernardino
State – CA
Court Type – Superior
and that a term was served as described in Penal Code section 667.5 for said offense(s), and that the defendant(s) did not remain free of prison custody for, and did commit an offense resulting in a felony conviction during, a period of five years subsequent to the conclusion of said term.
* * * * *
NOTICE TO DEFENDANT AND DEFENDANT’S ATTORNEY
Pursuant to Penal Code Sections 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.
NOTICE TO ATTORNEY
The materials accompanying this notice may include information about witnesses. If so, these materials are disclosed to you pursuant to Penal Code section 1054.2 which provides: “No attorney may disclose or permit to be disclosed to a defendant the address or telephone number of a victim or witness whose name is disclosed to the attorney pursuant to subdivision (a) of Section1054.1 unless specifically permitted to do so by the court after a hearing and a showing of good cause.”
I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT AND THAT THIS COMPLAINT CONSISTS OF 10 COUNT(S).
Executed at San Bernardino, California, on June 14, 2013
.
MBevan
DECLARANT AND COMPLAINANT
Agency
San Bernardino Police Department Prelim. Est. OO.00
Defendant Birth Date Booking No. CII No. NCIC
Brian Lynn Bohn 12/29/1979 A12458384
(554)