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[STATE] The People v. Zakhar Kiet Hieu [01/22]

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SUPERIOR COURT OF SAN ANDREAS

 


 

Criminal Arraignment

Court of San Andreas, District of Los Santos

 

The People

 

Versus

 

Zakhar Kiet Hieu

 

 

Subpart 1. Title.

 

In the matter of the Petition of The People, on the 22nd of January, 2018, against Zakhar Kiet Hieu.

 

Subpart 2. Body.

 

The People charge the subject(s) with:

 

DF001 - Controlled Substance Possession
MO012 - Misdemeanor Burglary
MO023 - Vandalism

 

 

Are multiple misdemeanors stacked for a felonious conviction?

No

 

Subpart 3. Request.

 

The People demand of the subject Zakhar Kiet Hieu to the following:

 

9 months (18 hours)

 

Subpart 4. Evidence.

 

 

Exhibit. 1

Arrest Report Narrative

Spoiler

On January 18th 2019 at 20:35, dispatch informed any available officers in the Ocean Docks area of a reported ongoing container break-in ongoing nearby to the Bureau of Traffic Services main building in Ocean Docks. Detective I Nicholas Moretta (1237) responded under callsign 02-HENRY-84 and arrived on-scene just before 20:40 to find two young males, one Asian and one African-American, visibly breaking into a storage container.

2019-01-18 20:34:59 [RADIO] This is dispatch, We've got an incident call from #Hidden No., over.
2019-01-18 20:34:59 [RADIO] Situation: 'Im a dock worker, theres two kids trying to break into a container near the cargo ship beside BoTS', over.
2019-01-18 20:34:59 [RADIO] Location: 'pacific ave ocean docks', out.

Detective I Nicholas Moretta drew his firearm and held the two suspects at gunpoint whilst requesting for additional backup. Sergeant I Michael Solomon (1297) responded under 03-SAM-30 and arrived on-scene shortly after 20:40 and assisted Detective I Nicholas Moretta in the arrest of the two suspects. Both two suspects were handcuffed and identified to be Zakhar Kiet Hieu (Asian male) and Elijah Huston (African-American male). Photographs were taken from the scene where the container's padlock had been visibly broken and tools lay around the storage container, most of which held inside of a dufflebag which was seized. 

 

Exhibit. 2

Evidence Report

Spoiler

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Exhibit. 3

Crime Scene Image

Spoiler

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Exhibit. 4

Emergency Call

Spoiler

2019-01-18 20:34:59 [RADIO] This is dispatch, We've got an incident call from #Hidden No., over.
2019-01-18 20:34:59 [RADIO] Situation: 'Im a dock worker, theres two kids trying to break into a container near the cargo ship beside BoTS', over.
2019-01-18 20:34:59 [RADIO] Location: 'pacific ave ocean docks', out.

 

Exhibit. 5

Michael Solomon Affidavit

Spoiler

Sergeant Michael Solomon later responded from a previous call to back up Detective Moretta later moving in onto the suspects with lethal firearms in hand considering the risk of the situation, detaining both individuals. When we arrived at the Police Department jail block, the suspect was strip searched which later identified the two rolled joints in his possession that was hidden in his clothing. Suspect was later transported to the San Andreas Detention Center.

 

Subpart 5. Narrative.

 

 

This case was forwarded to the District Attorney's office on the grounds that Zakhar Kiet Hieu violated San Andreas Law, specifically, Misdemeanor Burglary, Vandalism and Possession of Controlled Substances. The Prosecution wishes the court review the evidence against the Defendant, and come to a swift judgement regarding the allegations against them.

 

 

Subpart 6. Recommendation.

 

Parole Recommendation After Release

Yes

 

Grant Early Release

No

 

Release on Bail

Yes

One Thousand Dollars

 

Subpart 7. Declaration.

 

I, Howard Sweeney, District Attorney for San Andreas affirm that the foregoing is accurate and true to the best of my knowledge and belief.

 

 

(( @Zebulon @Urshankov @EvilScotsman @ThatGuy @bartman ))

Edited by JohnM

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Notice of Action

 

Spoiler

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SUPERIOR COURT OF SAN ANDREAS

 

 


 

Notice of Action

Court of San Andreas, District of Los Santos

 

Notice is hereby given that the People, in the above-named case, has filed a criminal complaint pleading against you. The complaint was filed with the Criminal Court of San Andreas on January 23, 2019.

 

You are officially being charged with the following:

  • DF001 - Controlled Substance Possession
  • MO012 - Misdemeanor Burglary
  • MO023 - Vandalism

Within 72 hours, you must provide an answer, or response, to the claim(s) enclosed with this notice (attached to this notice). You must file your answer, in addition to any motions (if any), within that same time frame. If you fail to do so within the time frame, a default judgment will be entered against you. There will be one more attempt to contact you before the default judgment is entered.

 

Your response must contain your pleading in the matter, which could be one of the following:

 

Guilty

You plead guilty to some or all the crimes listed.

 

Not Guilty

You plead not guilty to some or all of the crimes listed, a will ensue.

 

No Contest

You do not formally plead guilty but you acknowledge the prosecution will likely prevail and choose not to contest the prosecution.

 

In addition, you may strike a plea deal with the prosecution, in which you can, for example, plead guilty for a lesser punishment.

 

 

(( @GenuinePork ))

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** Clinton Jackson strolls into the courtroom, sitting at the defense's disk as he nods to the justice. **

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"Your Honor,

 

The prosecution offers the subject a plea deal, on all accounts being guilty, endorsing release immediately and a five thousand dollar financial penalty. "

 

@ThatGuy @GenuinePork @JameZ

Edited by Zebulon

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"Your Honor, moving forward, the Prosecution motions to bring new charges against the Defendant, including Conspiracy to Commit Grand Theft and Misdemeanor Burglary. Upon a plea entered against these charges, the Prosecution will commence with it's examination of the facts."

 

(( @ThatGuy @GenuinePork ))

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"Your Honor,

 

The case against Zakhar Kiet Hieu is straightforward. On the night of January 18th, 2019, the Defendant was caught red-handed by Officers of the Los Santos Police Department, attempting to break into a shipping container. Mister Hieu's associate, Elijah Huston, has already entered a guilty plea to related charges, including Attempted Grand Theft, Burglary, and possession of Burglary Tools. 

 

After being taken into custody, and identified, the Defendant was found to be in possession of marijuana, hence the aforementioned narcotics charges. 

 

Your Honor, it is clear that Officers invoked probable cause in their stop, search and seizures regarding Mister Hieu, and feels that the Defense would have to present substantial evidence against this case in order to be acquitted on any of the charges brought against them.

 

If the Defendant has not already done so, it is suggested that legal defense be sought, that this may help expedite their case, and no waste the court's time with futile arguments."

 

(( @ThatGuy @GenuinePork ))

Edited by Zebulon

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"Your Honor,

 

This appears to be like a twist of events by the prosecution in this case, they're claiming my client was involved in this burglary attempt. However, there is no evidence to suggest that my client was doing so apart from being at the place of the crime. Mr. Huston took a plea guilty as he knew he committed the aforementioned crimes and therefore, the defense asks the prosecution to provide substantial evidence or witnesses forward if they still wish to pursue these charges.

 

None of the narratives given by the arresting officers mention my client being visually seen aiding or being involved in the burglary attempt, so we believe it's simply unfair to assume that my client is guilty of those charges."

 

 

(( @ThatGuy @Zebulon @GenuinePork ))

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"Your Honor,

 

It is clear that the Defense attorney has failed to acknowledge the exhibits presented as evidence against their client.

 

Looking to Exhibit 1, it is clear that the 911 caller identified that the Defendant was indeed partaking attempted burglary.

 

Regardless of this, the Defense is attempting to make an affirmative argument, which they themselves have presented no evidence to support.

 

This raises many unanswered questions... Why was the Defendant with the co-accused? Why were they down at the docks and by this container? Is the Defendant suggesting they were coerced into being at the scene of the crime?

 

These suggestions are ridiculous arguments to pose against the evidence presented.

 

Furthermore these arguments in no way lessen the Officers probable cause to detain, search and then arrest. Looking to the Stop and Frisk act for example, the officers acted completely reasonably in discovering the Defendant's possession of a controlled substance.

 

It is clear that the Defense wishes to stake an argument on the grounds that totality of the circumstances is not an acceptable route to establish probable cause."

 

(( @JameZ @ThatGuy ))

 

 

 

 

 

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"Your Honor,

 

We argue that the niner originally did not supply us with any details that can directly throw this crime to my client. My client's precense at the location of the crime is merely circumstantial evidence, and as far as I am concerned it's a public property my client was standing at. Additionally, my client was not found holding or using any tools to support Mr. Huston in executing the crime. Is the prosecution really inclined to believe that we are simply going assume my client's guilt over circumstantial evidence?

 

Furthermore, the burden of proof lies on the prosecution and not the defense, so I'm not really sure why the defense is being asked continuously to provide evidence to prove Mr. Hieu's innocence."

 

(( @ThatGuy @Zebulon ))

 

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"Your Honor,

 

Clearly the Defense wishes to simply babble on without presentation of any legitimate motions, thus leaving the submitted evidence intact.

 

In order to further the case, the Prosecution calls upon the worker who originally made the 911 call."

 

(( @ThatGuy @JameZ ))

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*John Morgan walks into the courtroom in a cheap looking suit, he takes a stand before speaking.*

"On the 18th of January 2019 I was finishing my shift at Ocean Docks when I noticed an asian male wearing black pants, black t-shirt and a durag accompanied by a black male wearing a black beanie and a purple shirt acting suspiciously around our containers. Upon approaching closer I noticed the black male was crouched messing with the locks on the container. He appeared to have a bag on him which I assumed was tools. I made the 911 call and police arrived on scene soon after where they took the two males away."

 

(( @Zebulon @ThatGuy ))

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*Steven Spade clears his throat*

 

"Mister Morgan,

 

In your unsolicited statement you indicated that you saw two males which you described as Asian and Black. Is that Asian male sitting in this room?"

 

(( @Notorious @JameZ ))

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