Terry Dean McKinney is charged with 13 counts of attempted murder of peace officers and one count of attempted murder. For each count, it is alleged that McKinney personally used and discharged a firearm, and that the offenses were willful, deliberate, and premeditated. The complaint provides details of the dates and victims for each count, and lists enhancements for the use of a firearm.
Terry Dean McKinney is charged with 13 counts of attempted murder of peace officers and one count of attempted murder. For each count, it is alleged that McKinney personally used and discharged a firearm, and that the offenses were willful, deliberate, and premeditated. The complaint provides details of the dates and victims for each count, and lists enhancements for the use of a firearm.
Terry Dean McKinney is charged with 13 counts of attempted murder of peace officers and one count of attempted murder. For each count, it is alleged that McKinney personally used and discharged a firearm, and that the offenses were willful, deliberate, and premeditated. The complaint provides details of the dates and victims for each count, and lists enhancements for the use of a firearm.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
SAN BERNARDINO J USTICE CENTER DISTRICT
THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff vs. Terry Dean McKinney
Defendant ) ) ) ) ) ) ) ) ) ) ) COURT CASE NO
FELONY COMPLAINT
DA CASE NO 2014-00-0048311
The undersigned is informed and believes that: COUNT 1 On or about September 14, 2014, in the above named judicial district, the crime of ATTEMPTED MURDER OF A PEACE OFFICER/FIREFIGHTER/CUSTODIAL OFFICER- WILLFUL, DELIBERATE, PREMEDITATED, in violation of PENAL CODE SECTION 664/187(a), a felony, was committed by Terry Dean McKinney, who did unlawfully attempt to murder Officer Robert Snyder , who was a peace officer engaged in the performance of duty and this was known, and reasonably should have been known, by the defendant(s). It is further alleged, within the meaning of Penal Code Section 664(e) and (f), that the above offense was willful, deliberate and premeditated. It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally and intentionally discharged a firearm, a handgun, within the meaning of Penal Code Section 12022.53(c) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8). Page 1 Complaint DA CASE NO: 2014-00-0048311
***** COUNT 2 On or about September 14, 2014, in the above named judicial district, the crime of ATTEMPTED MURDER OF A PEACE OFFICER/FIREFIGHTER/CUSTODIAL OFFICER- WILLFUL, DELIBERATE, PREMEDITATED, in violation of PENAL CODE SECTION 664/187(a), a felony, was committed by Terry Dean McKinney, who did unlawfully attempt to murder Officer Brian Olvera , who was a peace officer engaged in the performance of duty and this was known, and reasonably should have been known, by the defendant(s). It is further alleged, within the meaning of Penal Code Section 664(e) and (f), that the above offense was willful, deliberate and premeditated. It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally and intentionally discharged a firearm, a handgun, within the meaning of Penal Code Section 12022.53(c) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8).
***** COUNT 3 On or about September 14, 2014, in the above named judicial district, the crime of ATTEMPTED MURDER OF A PEACE OFFICER/FIREFIGHTER/CUSTODIAL OFFICER- WILLFUL, DELIBERATE, PREMEDITATED, in violation of PENAL CODE SECTION 664/187(a), a felony, was committed by Terry Dean McKinney, who did unlawfully attempt to murder Officer Ernest Luna , who was a peace officer engaged in the performance of duty and this was known, and reasonably should have been known, by the defendant(s). Page 2 Complaint DA CASE NO: 2014-00-0048311 It is further alleged, within the meaning of Penal Code Section 664(e) and (f), that the above offense was willful, deliberate and premeditated. It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally and intentionally discharged a firearm, a handgun, within the meaning of Penal Code Section 12022.53(c) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8).
***** COUNT 4 On or about September 14, 2014, in the above named judicial district, the crime of ATTEMPTED MURDER OF A PEACE OFFICER/FIREFIGHTER/CUSTODIAL OFFICER- WILLFUL, DELIBERATE, PREMEDITATED, in violation of PENAL CODE SECTION 664/187(a), a felony, was committed by Terry Dean McKinney, who did unlawfully attempt to murder Officer Francisco Hernandez , who was a peace officer engaged in the performance of duty and this was known, and reasonably should have been known, by the defendant(s). It is further alleged, within the meaning of Penal Code Section 664(e) and (f), that the above offense was willful, deliberate and premeditated. It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally and intentionally discharged a firearm, a handgun, within the meaning of Penal Code Section 12022.53(c) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b) also causing the above offense to become a serious felony pursuant to Penal Page 3 Complaint DA CASE NO: 2014-00-0048311 Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8).
***** COUNT 5 On or about September 14, 2014, in the above named judicial district, the crime of ATTEMPTED MURDER OF A PEACE OFFICER/FIREFIGHTER/CUSTODIAL OFFICER- WILLFUL, DELIBERATE, PREMEDITATED, in violation of PENAL CODE SECTION 664/187(a), a felony, was committed by Terry Dean McKinney, who did unlawfully attempt to murder Officer J esse Shank , who was a peace officer engaged in the performance of duty and this was known, and reasonably should have been known, by the defendant(s). It is further alleged, within the meaning of Penal Code Section 664(e) and (f), that the above offense was willful, deliberate and premeditated. It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally and intentionally discharged a firearm, a handgun, within the meaning of Penal Code Section 12022.53(c) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8).
***** COUNT 6 On or about September 14, 2014, in the above named judicial district, the crime of ATTEMPTED WILLFUL, DELIBERATE, AND PREMEDITATED MURDER, in violation of PENAL CODE SECTION 664/187(a), a felony, was committed by Terry Dean McKinney, who did unlawfully and with malice aforethought attempt to murder Natalie D, a human being. Page 4 Complaint DA CASE NO: 2014-00-0048311 It is further alleged that the aforesaid attempted murder was committed willfully, deliberately and with premeditation within the meaning of Penal Code section 664(a) and is a serious felony pursuant to Penal Code section 1192.7(c). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally and intentionally discharged a firearm, a handgun, within the meaning of Penal Code Section 12022.53(c) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8).
***** COUNT 7 On or about September 14, 2014, in the above named judicial district, the crime of ATTEMPTED WILLFUL, DELIBERATE, AND PREMEDITATED MURDER, in violation of PENAL CODE SECTION 664/187(a), a felony, was committed by Terry Dean McKinney, who did unlawfully and with malice aforethought attempt to murder Miguel Z, a human being. It is further alleged that the aforesaid attempted murder was committed willfully, deliberately and with premeditation within the meaning of Penal Code section 664(a) and is a serious felony pursuant to Penal Code section 1192.7(c). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally and intentionally discharged a firearm, a handgun, within the meaning of Penal Code Section 12022.53(c) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b) also causing the above offense to become a serious felony pursuant to Penal Page 5 Complaint DA CASE NO: 2014-00-0048311 Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8).
***** COUNT 8 On or about September 14, 2014, in the above named judicial district, the crime of ATTEMPTED WILLFUL, DELIBERATE, AND PREMEDITATED MURDER, in violation of PENAL CODE SECTION 664/187(a), a felony, was committed by Terry Dean McKinney, who did unlawfully and with malice aforethought attempt to murder J ose Segura , a human being. It is further alleged that the aforesaid attempted murder was committed willfully, deliberately and with premeditation within the meaning of Penal Code section 664(a) and is a serious felony pursuant to Penal Code section 1192.7(c). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally and intentionally discharged a firearm, a handgun, within the meaning of Penal Code Section 12022.53(c) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8).
***** COUNT 9 On or about September 14, 2014, in the above named judicial district, the crime of ATTEMPTED WILLFUL, DELIBERATE, AND PREMEDITATED MURDER, in violation of PENAL CODE SECTION 664/187(a), a felony, was committed by Terry Dean McKinney, who did unlawfully and with malice aforethought attempt to murder Ernesto Sanchez , a human being. Page 6 Complaint DA CASE NO: 2014-00-0048311 It is further alleged that the aforesaid attempted murder was committed willfully, deliberately and with premeditation within the meaning of Penal Code section 664(a) and is a serious felony pursuant to Penal Code section 1192.7(c). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally and intentionally discharged a firearm, a handgun, within the meaning of Penal Code Section 12022.53(c) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8).
***** COUNT 10 On or about September 14, 2014, in the above named judicial district, the crime of ATTEMPTED WILLFUL, DELIBERATE, AND PREMEDITATED MURDER, in violation of PENAL CODE SECTION 664/187(a), a felony, was committed by Terry Dean McKinney, who did unlawfully and with malice aforethought attempt to murder Carolina Sanchez , a human being. It is further alleged that the aforesaid attempted murder was committed willfully, deliberately and with premeditation within the meaning of Penal Code section 664(a) and is a serious felony pursuant to Penal Code section 1192.7(c). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally and intentionally discharged a firearm, a handgun, within the meaning of Penal Code Section 12022.53(c) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b) also causing the above offense to become a serious felony pursuant to Penal Page 7 Complaint DA CASE NO: 2014-00-0048311 Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8).
***** COUNT 11 On or about September 14, 2014, in the above named judicial district, the crime of ATTEMPTED WILLFUL, DELIBERATE, AND PREMEDITATED MURDER, in violation of PENAL CODE SECTION 664/187(a), a felony, was committed by Terry Dean McKinney, who did unlawfully and with malice aforethought attempt to murder Orlando Arreguin , a human being. It is further alleged that the aforesaid attempted murder was committed willfully, deliberately and with premeditation within the meaning of Penal Code section 664(a) and is a serious felony pursuant to Penal Code section 1192.7(c). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally and intentionally discharged a firearm, a handgun, within the meaning of Penal Code Section 12022.53(c) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8).
***** COUNT 12 On or about September 14, 2014, in the above named judicial district, the crime of ATTEMPTED WILLFUL, DELIBERATE, AND PREMEDITATED MURDER, in violation of PENAL CODE SECTION 664/187(a), a felony, was committed by Terry Dean McKinney, who did unlawfully and with malice aforethought attempt to murder Ramiro Perez DeAnda , a human being. Page 8 Complaint DA CASE NO: 2014-00-0048311 It is further alleged that the aforesaid attempted murder was committed willfully, deliberately and with premeditation within the meaning of Penal Code section 664(a) and is a serious felony pursuant to Penal Code section 1192.7(c). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally and intentionally discharged a firearm, a handgun, within the meaning of Penal Code Section 12022.53(c) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8).
***** COUNT 13 On or about September 14, 2014, in the above named judicial district, the crime of SHOOTING AT OCCUPIED MOTOR VEHICLE, in violation of PENAL CODE SECTION 246, a felony, was committed by Terry Dean McKinney, who did willfully, unlawfully, and maliciously discharge a firearm at an occupied motor vehicle.
"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: It is further alleged that, pursuant to Penal Code section 1203.095, there is a presumptive minimal jail time required if you are convicted of this charge."
"NOTICE: The above offense is a serious felony within the meaning of Penal Code section 1192.7(c)." It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally and intentionally discharged a firearm, a handgun, Page 9 Complaint DA CASE NO: 2014-00-0048311 within the meaning of Penal Code Section 12022.53(c) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8). It is further alleged as to count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 that said defendant(s) Terry Dean McKinney personally used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8).
***** COUNT 14 On or about September 14, 2014, in the above named judicial district, the crime of RESISTING EXECUTIVE OFFICER, in violation of PENAL CODE SECTION 69, a felony, was committed by Terry Dean McKinney, who did unlawfully attempt by means of threats and violence to deter and prevent Detective J . Simpson , who was then and there an executive officer, from performing a duty imposed upon such officer by law, and did knowingly resist by the use of force and violence said executive officer in the performance of his/her duty. *****
* * * * * NOTICE TO DEFENDANT AND DEFENDANTS 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 Section 1054.1 unless specifically permitted to do so by the court after a hearing and a showing of good cause."
Page 10 Complaint DA CASE NO: 2014-00-0048311 I DECLARE UNDER PENALTY OF PERJ URY THAT THE FOREGOING IS TRUE AND CORRECT AND THAT THIS COMPLAINT CONSISTS OF 14 COUNT(S). Executed at San Bernardino, California, on September 16, 2014. Robert P. Brown Robert P. Brown DECLARANT AND COMPLAINANT
Agency: San Bernardino Police Department Prelim Est. 00:00
United States v. Jack J. Minicone, JR., Also Known As Jake, Jack Zogby, Also Known As Turk Anthony J. Inserra Benedetto Carcone, Also Known As Benny Russell E. Carcone, 26 F.3d 297, 2d Cir. (1994)