Preview
Electronically Filed
1 BIRGIT FLADAGER 11/18/2022 11:17 AM
Stanislaus County District Attorney Superior Court of California
2 832 12th Street, Suite 300 County of Stanislaus
Modesto, CA 95354 Clerk of the Court
3 Telephone: (209) 525-5550 By: Joshua Teixeira, Deputy
4 Attorney for Petitioner $435 EXEMPT
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6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF STANISLAUS
10 --------------------000--------------------
CV-22-005423
11 THEPEOPLEOFTHESTATEOFCALIFORNIA, ) NO.:
12 Petitioner, ) PETITION FOR FORFEITURE
OF PROPERTY
13 vs . ) (HEALTH AND SAF. CODE,§
11469, ET SEQ.)
14 )
2010 JEEP WRANGLER,
15 VIN 1J4BA5Hl 7 AL134269, )
16 Respondent, )
Freeland, John D
17 23
CRISTIAN AYALA,
18
Real Party In Interest. )
19
20 --------------------000--------------------
21 Petitioner by and through its counsel BIRGIT FLADAGER, District Attorney, hereby
22 alleges:
23 I
24 This is an action for forfeiture of the Respondent property pursuant to the provisions of
25 Health and Safety Code Sections 11470, et seq. brought on behalf of the People of the State of
26 California.
TI ll
28 This court has jurisdiction by virtue of Health and Safety Code Section 11488.4(a).
Petition for Forfeiture of Property (Health & Saf. Code,§ I 1469 et seq.)
1 III
2 The Respondent property 1s described as a 2010 JEEP WRANGLER, VIN
3 1J4BA5Hl 7 AL134269.
4 IV
5 The Respondent property was seized by officers of the Stanislaus County Sheriff's
6 Department Special Investigations Unit on December 28, 2021 at 18901 August Avenue in
7 Hilmar, Stanislaus County, California, and the respondent property is currently located in the
8 custody of the Stanislaus County Sheriff' s Department, within the jurisdiction of this court.
9 V
10 Petitioner is informed and believes and thereon alleges that on or before December 28,
11 2021, the Respondent property was furni shed or intended to be furnished by a person in
12 exchange for a controlled substance, was proceeds traceable to an exchange for a controlled
13 substance and/or was used or intended to be used to facilitate one or more of certain enumerated
14 drug trafficking offenses, all of which are alleged to have occurred within five years of the
15 seizure of the property. The facts in support of the above allegations are as follows:
16 On August 26, 2021, detectives with the Stanislaus County Sheriff's Department Special
17 Investigations Unit were conducting surveillance of 5037 and 5201 North Berkeley Road in
18 Denair, California m connection with a large-scale marijuana cultivation operation
19 encompassmg over 15 different addresses owned by four brothers: Kulbir, Balwinder,
20 Bhupinder and Gurinder Sandhu. During surveillance, detectives observed a vehicle registered
21 to Cristian Ayala Farias ("Ayala") parked near 5037 North Berkeley Road, which shares a
22 property line with 5201 North Berkeley Road. Ayala was seen walking northbound through the
23 marijuana grow to his vehicle. Detectives then observed Ayala drive to 4216 Sperry Road in
24 Denair, California where an air unit observed another suspected marijuana grow. A search
25 warrant was later executed at this residence for further marijuana-related offenses. Through
26 further investigation, itwas determined that Ayala lived at 18901 August Avenue in Hilmar,
27 California.
28 On October 12, 2021, a search warrant was executed at 5037 and 5201 North Berkeley
2
Petition for Forfeiture of Property (Health & Saf. Code, § 11469 et seq.)
1 Road. Detectives located approximately 2,020 pounds of processed marijuana, 7,940 pounds of
2 marijuana trimmings, and 836 maturing marijuana plants. There was no sign that the residence
3 was occupied as a living space and appeared to be utilized only for processing and growing
4 marijuana. Upon checking the utilities account for 5037 North Berkeley Road, the registered
5 utility holder was found to be Angel Ross ("Ross").
6 On December 28, 2021, a search warrant was executed at 18901 August Avenue in
7 Hilmar. Maria Pena Garibo ("Pena") was contacted and found to be a resident and the registered
8 utility holder of the residence. Under Miranda, Pena was vague regarding who lived at the
9 residence, stating that Ross was her boyfriend but denying knowing who Ayala was, although
10 Investigator Garcia had seen Ayala's truck parked in front of the residence a month prior. Pena
11 later stated that Ayala was her former brother-in-law. There were two vehicles parked in front of
12 the residence that were registered to Pena, a 2020 Mercedes Benz SUV and a 2017 Cadillac
13 Escalade. Pena admitted to owning the Escalade and stated she paid $50,000 for it on Craigslist.
14 It was later discovered that the VIN on the Cadillac was switched and the vehicle had been
15 stolen from the state of Alabama. When asked about the Mercedes Benz, Pena stated it belonged
16 to someone else, but she did not know to whom. Pena stated she did not use the Mercedes and
17 that she has never used it. She said the unknown person had registered it in her name and then
18 left it parked in the garage at her residence approximately six months ago. She described the
19 person who owns the Mercedes Benz as an unknown Hispanic male adult in his 40's but she had
20 no further description.
21 Investigators also contacted Ross at the residence. Under Miranda, Ross stated he lived
22 at 18901 August Avenue along with several other people. When asked about Ayala, Ross stated
23 Ayala lived there and rented the first room, but later stated Ayala had moved from the residence
24 two weeks prior. Indicia for Angel Ross and Cristian Ayala was located in the residence as well
25 as in several vehicles surrounding the property.
26 Detectives searched six rooms within the residence. They located two prefilled TID
27 money orders for 5037 North Berkeley Avenue in Denair. In Pena's bedroom, detectives located
28 firearms, ledger books with names and addresses, and three sets of trimming scissors used to
3
Petition for Forfeiture of Property (Health & Saf. Code, § 11469 et seq.)
1 harvest marijuana. In another room, detectives located a check written to Cristian Ayala and a
2 pay-owe sheet along with a handwritten note from Ayala. There was also .22 caliber
3 ammunition as well as a prescription bottle with Ayala's information on the label.
4 Asset forfeiture documentation was provided to both Angel Ross and Maria Pena
5 Garibo. A total of $14,319.00 in U.S . Currency was seized from the residence in addition to
6 $6,850.00 in money orders and 10 vehicles, one of which was a 2010 Jeep Wrangler, VIN
7 1J4BA5H17AL134269, registered to Cristian Ayala.
8 Two additional search warrants were executed on January 18, 2022 at 301 West
9 Fulkerth Road in Crows Landing, California and 1105 West Springer Drive in Turlock,
10 California, both in Stanislaus County. Detectives located 11 ,641 actively-growing marijuana
11 plants, assault rifles, and semi-automatic handguns at 301 West Fulkerth Road. Detectives
12 contacted Gurinder Sandhu at 1105 West Springer Drive. Sandhu admitted to receiving letters
13 from the Special Investigations Unit regarding the marijuana grows on his properties and he
14 admitted to being aware of the marijuana grows. He claimed that the renters would not allow
15 him access to the properties and yet he did not contact law enforcement. He stated his renter's
16 name was "Kiko" but was also known as Jose or Jesus Ayala.
17 VI
18 Angel Ross is charged by criminal complaint in violation of Health and Safety Code
19 sections 11366.5(a), 11358(c), and 11359(b) in Stanislaus County Superior Court Case No. CR-
20 22-002648. Balwinder Sandhu is charged by criminal complaint in violation of Health and
21 Safety Code sections 11366.5(a), 11358(c), and 11359(b) in Stanislaus County Superior Court
22 Case No. CR-22-000451. Kulbir Sandhu is charged by criminal complaint in violation of Health
23 and Safety Code sections 11366.5(a), 11358(c), and 11359(b) in Stanislaus County Superior
24 Court Case No. CR-22-000452. Bhupinder Sandhu is charged by criminal complaint in violation
25 of Health and Safety Code sections 11366.5(a), 11358(c), and 11359(b) in Stanislaus County
26 Superior Court Case No. CR-22-002649. Gurinder Sandhu is charged by criminal complaint in
27 violation of Health and Safety Code sections 11366.5(a), 11358(c), and 11359(b) in Stanislaus
28 County Superior Court Case No. CR-22-002651. These are the underlying criminal cases upon
4
Petition for Forfe iture of Property (Health & Saf. Code, § 11 469 et seq .)
1 which this asset forfeiture action is based.
2 vu
3 The Respondent property is subject to forfeiture pursuant to subdivision (f) of Section
4 11470 of the Health and Safety Code in that Respondent property was furnished or intended to
5 be furnished by a person in exchange for a controlled substance, and/or was proceeds traceable
6 to an exchange for a controlled substance, and/or was used or intended to be used to facilitate
7 one or more of certain enumerated drug trafficking offenses, all of which are alleged to have
8 occurred within five years of the seizure of the property.
9 WHEREFORE, Petitioner prays:
10 I. For judgment and order declaring respondent property forfeited to the State of
11 California and for disposition pursuant to Health and Safety Code section 11489;
12 2. For costs of suit herein; and
13 3. For such other and further relief as the Court may deem proper.
14 Dated this /14'1 day of November, 2022, at Modesto, California.
15 Respectfully submitted,
16 BIRGIT FLADAGER
District Attorney
17
18
B en a A. Cramton
19 D uty District Attorney
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5
Petition for Forfeiture of Property (Health & Saf. Code, § I 1469 et seq.)
Preview
Electronically Filed 1 BIRGIT FLADAGER 11/18/2022 11:17 AM Stanislaus County District Attorney Superior Court of California 2 832 12th Street, Suite 300 County of Stanislaus Modesto, CA 95354 Clerk of the Court 3 Telephone: (209) 525-5550 By: Joshua Teixeira, Deputy 4 Attorney for Petitioner $435 EXEMPT 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF STANISLAUS 10 --------------------000-------------------- CV-22-005423 11 THEPEOPLEOFTHESTATEOFCALIFORNIA, ) NO.: 12 Petitioner, ) PETITION FOR FORFEITURE OF PROPERTY 13 vs . ) (HEALTH AND SAF. CODE,§ 11469, ET SEQ.) 14 ) 2010 JEEP WRANGLER, 15 VIN 1J4BA5Hl 7 AL134269, ) 16 Respondent, ) Freeland, John D 17 23 CRISTIAN AYALA, 18 Real Party In Interest. ) 19 20 --------------------000-------------------- 21 Petitioner by and through its counsel BIRGIT FLADAGER, District Attorney, hereby 22 alleges: 23 I 24 This is an action for forfeiture of the Respondent property pursuant to the provisions of 25 Health and Safety Code Sections 11470, et seq. brought on behalf of the People of the State of 26 California. TI ll 28 This court has jurisdiction by virtue of Health and Safety Code Section 11488.4(a). Petition for Forfeiture of Property (Health & Saf. Code,§ I 1469 et seq.) 1 III 2 The Respondent property 1s described as a 2010 JEEP WRANGLER, VIN 3 1J4BA5Hl 7 AL134269. 4 IV 5 The Respondent property was seized by officers of the Stanislaus County Sheriff's 6 Department Special Investigations Unit on December 28, 2021 at 18901 August Avenue in 7 Hilmar, Stanislaus County, California, and the respondent property is currently located in the 8 custody of the Stanislaus County Sheriff' s Department, within the jurisdiction of this court. 9 V 10 Petitioner is informed and believes and thereon alleges that on or before December 28, 11 2021, the Respondent property was furni shed or intended to be furnished by a person in 12 exchange for a controlled substance, was proceeds traceable to an exchange for a controlled 13 substance and/or was used or intended to be used to facilitate one or more of certain enumerated 14 drug trafficking offenses, all of which are alleged to have occurred within five years of the 15 seizure of the property. The facts in support of the above allegations are as follows: 16 On August 26, 2021, detectives with the Stanislaus County Sheriff's Department Special 17 Investigations Unit were conducting surveillance of 5037 and 5201 North Berkeley Road in 18 Denair, California m connection with a large-scale marijuana cultivation operation 19 encompassmg over 15 different addresses owned by four brothers: Kulbir, Balwinder, 20 Bhupinder and Gurinder Sandhu. During surveillance, detectives observed a vehicle registered 21 to Cristian Ayala Farias ("Ayala") parked near 5037 North Berkeley Road, which shares a 22 property line with 5201 North Berkeley Road. Ayala was seen walking northbound through the 23 marijuana grow to his vehicle. Detectives then observed Ayala drive to 4216 Sperry Road in 24 Denair, California where an air unit observed another suspected marijuana grow. A search 25 warrant was later executed at this residence for further marijuana-related offenses. Through 26 further investigation, itwas determined that Ayala lived at 18901 August Avenue in Hilmar, 27 California. 28 On October 12, 2021, a search warrant was executed at 5037 and 5201 North Berkeley 2 Petition for Forfeiture of Property (Health & Saf. Code, § 11469 et seq.) 1 Road. Detectives located approximately 2,020 pounds of processed marijuana, 7,940 pounds of 2 marijuana trimmings, and 836 maturing marijuana plants. There was no sign that the residence 3 was occupied as a living space and appeared to be utilized only for processing and growing 4 marijuana. Upon checking the utilities account for 5037 North Berkeley Road, the registered 5 utility holder was found to be Angel Ross ("Ross"). 6 On December 28, 2021, a search warrant was executed at 18901 August Avenue in 7 Hilmar. Maria Pena Garibo ("Pena") was contacted and found to be a resident and the registered 8 utility holder of the residence. Under Miranda, Pena was vague regarding who lived at the 9 residence, stating that Ross was her boyfriend but denying knowing who Ayala was, although 10 Investigator Garcia had seen Ayala's truck parked in front of the residence a month prior. Pena 11 later stated that Ayala was her former brother-in-law. There were two vehicles parked in front of 12 the residence that were registered to Pena, a 2020 Mercedes Benz SUV and a 2017 Cadillac 13 Escalade. Pena admitted to owning the Escalade and stated she paid $50,000 for it on Craigslist. 14 It was later discovered that the VIN on the Cadillac was switched and the vehicle had been 15 stolen from the state of Alabama. When asked about the Mercedes Benz, Pena stated it belonged 16 to someone else, but she did not know to whom. Pena stated she did not use the Mercedes and 17 that she has never used it. She said the unknown person had registered it in her name and then 18 left it parked in the garage at her residence approximately six months ago. She described the 19 person who owns the Mercedes Benz as an unknown Hispanic male adult in his 40's but she had 20 no further description. 21 Investigators also contacted Ross at the residence. Under Miranda, Ross stated he lived 22 at 18901 August Avenue along with several other people. When asked about Ayala, Ross stated 23 Ayala lived there and rented the first room, but later stated Ayala had moved from the residence 24 two weeks prior. Indicia for Angel Ross and Cristian Ayala was located in the residence as well 25 as in several vehicles surrounding the property. 26 Detectives searched six rooms within the residence. They located two prefilled TID 27 money orders for 5037 North Berkeley Avenue in Denair. In Pena's bedroom, detectives located 28 firearms, ledger books with names and addresses, and three sets of trimming scissors used to 3 Petition for Forfeiture of Property (Health & Saf. Code, § 11469 et seq.) 1 harvest marijuana. In another room, detectives located a check written to Cristian Ayala and a 2 pay-owe sheet along with a handwritten note from Ayala. There was also .22 caliber 3 ammunition as well as a prescription bottle with Ayala's information on the label. 4 Asset forfeiture documentation was provided to both Angel Ross and Maria Pena 5 Garibo. A total of $14,319.00 in U.S . Currency was seized from the residence in addition to 6 $6,850.00 in money orders and 10 vehicles, one of which was a 2010 Jeep Wrangler, VIN 7 1J4BA5H17AL134269, registered to Cristian Ayala. 8 Two additional search warrants were executed on January 18, 2022 at 301 West 9 Fulkerth Road in Crows Landing, California and 1105 West Springer Drive in Turlock, 10 California, both in Stanislaus County. Detectives located 11 ,641 actively-growing marijuana 11 plants, assault rifles, and semi-automatic handguns at 301 West Fulkerth Road. Detectives 12 contacted Gurinder Sandhu at 1105 West Springer Drive. Sandhu admitted to receiving letters 13 from the Special Investigations Unit regarding the marijuana grows on his properties and he 14 admitted to being aware of the marijuana grows. He claimed that the renters would not allow 15 him access to the properties and yet he did not contact law enforcement. He stated his renter's 16 name was "Kiko" but was also known as Jose or Jesus Ayala. 17 VI 18 Angel Ross is charged by criminal complaint in violation of Health and Safety Code 19 sections 11366.5(a), 11358(c), and 11359(b) in Stanislaus County Superior Court Case No. CR- 20 22-002648. Balwinder Sandhu is charged by criminal complaint in violation of Health and 21 Safety Code sections 11366.5(a), 11358(c), and 11359(b) in Stanislaus County Superior Court 22 Case No. CR-22-000451. Kulbir Sandhu is charged by criminal complaint in violation of Health 23 and Safety Code sections 11366.5(a), 11358(c), and 11359(b) in Stanislaus County Superior 24 Court Case No. CR-22-000452. Bhupinder Sandhu is charged by criminal complaint in violation 25 of Health and Safety Code sections 11366.5(a), 11358(c), and 11359(b) in Stanislaus County 26 Superior Court Case No. CR-22-002649. Gurinder Sandhu is charged by criminal complaint in 27 violation of Health and Safety Code sections 11366.5(a), 11358(c), and 11359(b) in Stanislaus 28 County Superior Court Case No. CR-22-002651. These are the underlying criminal cases upon 4 Petition for Forfe iture of Property (Health & Saf. Code, § 11 469 et seq .) 1 which this asset forfeiture action is based. 2 vu 3 The Respondent property is subject to forfeiture pursuant to subdivision (f) of Section 4 11470 of the Health and Safety Code in that Respondent property was furnished or intended to 5 be furnished by a person in exchange for a controlled substance, and/or was proceeds traceable 6 to an exchange for a controlled substance, and/or was used or intended to be used to facilitate 7 one or more of certain enumerated drug trafficking offenses, all of which are alleged to have 8 occurred within five years of the seizure of the property. 9 WHEREFORE, Petitioner prays: 10 I. For judgment and order declaring respondent property forfeited to the State of 11 California and for disposition pursuant to Health and Safety Code section 11489; 12 2. For costs of suit herein; and 13 3. For such other and further relief as the Court may deem proper. 14 Dated this /14'1 day of November, 2022, at Modesto, California. 15 Respectfully submitted, 16 BIRGIT FLADAGER District Attorney 17 18 B en a A. Cramton 19 D uty District Attorney 20 21 22 23 24 25 26 27 28 5 Petition for Forfeiture of Property (Health & Saf. Code, § I 1469 et seq.)