Hovsepian v. Apple, Inc.

Filing 899

Hovsepian v. Apple, Inc.

Doc. 899

1 KEKER& VANNEST, LLP
ELLIOT R. PETERS - #158708 ETHAN A. BALOGH - # 172224 DANIEL PURCELL - #191424 STEVENP. RAGLAND - #221076 710 Sansome Street San Francisco, CA 94111- 1704
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff JOHN TENNISON
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JOHN TENNISON

Case No. C 04-00574

CW CW

Plaintiff

Consolidated with
Case No. C 04-01643

14 CITY AND COUNTY OF SAN FRANCISCO; SAN FRANCISCO 15 POLICE DEPARTMENT; PRENTICE EARL
SANDERS; NAPOLEON HENDRIX; and

16 GEORGE BUTTERWORTH
Defendants.

REPLY DECLARATION OF CHANTE SMITH IN SUPPORT OF TENNISON' REPLY IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT ON LIABILITY AND OPPOSITION TO DEFENDANTS' HENDRIX' S AND SANDERS' MOTION FOR SUMMARY JUDGMENT
Date: Time: Courtroom: Judge:
August 12 , 2005

10:00 a.

The Hon. Claudia Wilken

354227.

REPLY DECLARATION OF CHANTE SMITH IN SUPPORT OF TENNISON' S REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT & OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT , Case No. C 04-00574 CW (Consolidated with C 04- 01643 CW) Dockets.Justia.com

, CHANTE SMITH, declare and state as follows:

1. I was a witness to the shooting of Roderick Shannon by Lovinsky "Lavinsta" Ricard
in August 1989. The circumstances of that shooting as I related them in my interviews with the
San Francisco Police Department in 1990 and again in 1992 were as follows:
2. I was

in the company of Luther Blue during the day of August 18 , 1989. We had

been driving around in the Hunters Point area of San Francisco in my 1983 blue Mustang
convertible. We picked up Mark Anthony and Lavinsta Ricard, who were hanging out on

Oakdale Street, in the late afternoon. From Oakdale , we drove to Third Street Liquors on Third
Street. By that time, it was well into the night. As Lavinsta Ricard and Mark Anthony were

going into the store, a truck pulled up with between 6 to 8 young black men in it , followed by 2

other cars. I recognized some ofthem by their "Ill Mannered Posse" jackets, and one in
particular nicknamed " Coug Nut." I knew they were from the Lakeview district. Everyone
talked , and they decided to go drinking, which I didn t want to do, so I was just going to drop

them off after going to the 7- 11 store on Bayshore.
3. While at the 7- 11 store,

I saw a dark colored Skylark driven up. It was driven by my

Godbrother, Troy Barnes, who is from Sunnydale. I was concerned for Troy because I was with
Hunters Point and Lakeview , and told him to get out ofthere, which he did.

4. Shortly after that, I saw, a dark colored Skylark drive by, and people were saying
s from Sunnydale" and "is he from Sunnydale."
I thought

it was Troy that had come back

and I was concerned for him. All of a sudden people jumped into their cars and began to chase
the Skylark. Luther Blue and Mark Anthony got into my car, and Lavinsta Ricard got into the

pickup truck, which was shiny reddish , burgundy color with fenders that came out over the tires

and a rounded cab. I followed three vehicles which were chasing the person in the Skylark (the
truck followed by two cars , one of which was a dark blue ' 89 or ' 88 Skylark) because I thought that it might have been Troy and I did not want anything bad to happen to him.

5. As I drove up Leland Street , I saw the Skylark going very fast in reverse , swerving. I
also heard gunshots. Mark Anthony jumped out of my car, and I turned off the street , and went
around the corner. I then turned off from following the chase vehicles , and looped around in the
REPLY DECLARATION OF CHANTE SMITH IN SUPPORT OF TENNISON' S REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT & OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT , Case No. C 04-00574 CW (Consolidated with C 04-01643 CW)

354227.

other direction to stay in the vicinity to see what happened. As I turned the corner where the
market was located on Rutland and Leland, I saw Cooley running down the street. And I saw a

group out of their cars. I drove past , and Luther said that' s Cooley. I turned the corner because I
didn' t want to be there when the police came. Luther wanted to go back to pick up Mark

Anthony. By the time I came back around the block, and got to the corner where the store was , I
saw a group of people crowded in the corner, beating up Cooley. I then saw Ricard with a
shotgun go over to the area where the person was being beaten. People backed away, and I heard

a shot and saw Ricard return to the area ofthe truck with the shotgun. At about that time, Mark
Anthony got back in my car, and we left.
6. After

the shooting, I drove to a park in Hunters Point called the Sundial. Ricard was

there talking to several people, saying that was "one down" and that it "felt good" to shoot that guy and that there would be " 10 for 2 " which I understood to be referring to the two people who
had been killed in the drive-by shooting in Hunters Point.
7. Prior

to August 18, 1989 day, I had known Antoine Goff, whom I called "Soda Pop,

had known who JJ Tennison was. They were not among the people at the 7- 11 or at the scene of
the shooting or at the Sundial park after the shooting.
8. In January 1990,

I discussed this case with San Francisco Police Inspector Earl

Sanders. At that time, I had heard that 11 Tennison had been arrested for shooting Cooley, and I
knew that he was not present at any point during the homicide. I told Sanders that he had
arrested the wrong person, and told him that Lavinsta Ricard had shot Shannon. I also told

Sanders the names of other individuals who were present at the shooting, described several of the
cars involved in the car chase, and told him that the chase started at the 7- 11. The reason that I didn t tell him I was a witness was because I didn t want to have to go to court and because I was
afraid , that someone might hurt or try to kill me.
9. On

at least one other occasion before Tennison s trial, Inspector Sanders came out to

my house and we sat in the parking lot and I again told him about the people and the vehicles
involved in the shooting, and that the chase had began at the 7- 11. At some point after this

second interview with Inspector Sanders three San Francisco Police Officers from the Gang Task
REPLY DECLARATION OF CHANTE SMITH IN SUPPORT OF TENNISON' S REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT & OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT , Case No. C 04-00574 CW (Consolidated with C 04-01643 CW)

354227.

Force visited me with photographs of trucks to see if! recognized any ofthem from the night of
the shooting.

10. In April 2005 , the day after my regular meeting with my parole officer, my parole

officer called me in for an "emergency" meeting. This was unusual and caused me great
concern. The only reason for an "emergency" meeting is ifthat the parole officer wants

revoke your parole and put you in custody. I asked my parole officer if I was being violated and
put into custody for some reason, by she refused to tell me anything. I was afraid , because I have two children ages 12 years and 22 months , and if! was going to be put into custody, I needed to make sure somebody (most likely my mom) would know that so she could pick up my children

after school. After I explained this to my parole officer, she told me that I should just come
down to the meeting, but that was it.

11. When I arrived the next day at the parole office , an investigator from the San

Francisco City Attorney s Office was waiting for me in the lobby. He served me with a
subpoena for a deposition in this case. My parole officer explained that this was the entire

purpose of the " emergency"

meeting. Apparently, the City' s

investigator was trying to serve me to find me there, called my

a subpoena at my mother s house-where I do not live-and

unable

parole officer to schedule this "emergency" meeting. My parole officer further explained that
she refused to do so, so the City s investigator contacted her supervisor, who then authorized the

emergency " meeting. I'm afraid that if! say anything that might hurt Hendrix or Sanders in this

case or that the City Attorney doesn t like, which the truth is likely to do , they will cause the
parole office to punish me on that basis.

I swear under penalty of perjury that the foregoing is true and correct and that this
declaration was execnted on Inoe

7.4, 2005

CHANTE SMITH

354227.

REPLY DECLARATION OF CHANTE SMITH IN SUPPORT OF TENNISON' S REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT & OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT , Case No. C 04-00574 CW (Consolidated with C 04-01643 CW)