SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO

SAN BERNARDINO J USTICE CENTER DISTRICT

THE PEOPLE OF THE STATE OF CALIFORNIA,
Plaintiff
vs.
Martin Ahmad Mosby ,
David Lee Brass

Defendant
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COURT CASE NO




FELONY COMPLAINT


DA CASE NO 2014-00-0035772

The undersigned is informed and believes that:
COUNT 1
On or about J uly 11, 2014, in the above named judicial district, the crime of GROSS
VEHICULAR MANSLAUGHTER WHILE INTOXICATED, in violation of PENAL CODE SECTION
191.5(a), a felony, was committed by Martin Ahmad Mosby, who did unlawfully, and without
malice, kill Samantha Tarabay , a human being, while driving a vehicle in violation of Vehicle Code
sections 23140, 23152 and 23153 and said killing was the proximate result of the commission of
an unlawful act, not amounting to a felony, and with gross negligence; and the proximate result of
the commission of a lawful act which might have produced death, in an unlawful manner, and with
gross negligence.

NOTICE: The above offense is a serious felony within the meaning of Penal Code Section
1192.7(c) and 1192.8(a).
*****
COUNT 2
On or about J uly 11, 2014, in the above named judicial district, the crime of LEAVING THE
SCENE OF AN ACCIDENT, in violation of VEHICLE CODE SECTION 20001(a), a felony, was
committed by Martin Ahmad Mosby, who did unlawfully, and knowingly, being a driver of a vehicle
involved in an accident resulting in injury to a person other than himself/herself, fail, refuse, and
neglect to give to the injured person and to a traffic and police officer at the scene of the accident
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Complaint DA CASE NO: 2014-00-0035772
his/her name and address, the registration number of his/her vehicle, and the name of the owner of
said vehicle; to exhibit his/her operator's license; to render reasonable assistance to the injured
person; and perform the duties specified in Vehicle Code Sections 20003 and 20004.
*****
COUNT 3
On or about J uly 11, 2014, in the above named judicial district, the crime of DRIVING
UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE CAUSING INJ URY, in violation of
VEHICLE CODE SECTION 23153(a), a felony, was committed by Martin Ahmad Mosby, who ,
while under the influence of an alcoholic beverage, drove a vehicle and concurrently did an act
forbidden by law, and/or neglected a duty imposed by law in driving the vehicle, which act and/or
neglect proximately caused bodily injury to Amber Tarabay .
It is further alleged as to count(s) 3, 4, that in the commission of the above offense the said
defendant(s) Martin Ahmad Mosby, personally inflicted great bodily injury upon Amber Tarabay ,
not an accomplice to the above offense, within the meaning of Penal Code Section 12022.7(a) and
also causing the above offense to become a serious felony within the meaning of Penal Code
Section 1192.7(c)(8).

*****
COUNT 4
On or about J uly 11, 2014, in the above named judicial district, the crime of DRIVING WITH
A .08% BLOOD ALCOHOL CONTENT CAUSING INJ URY, in violation of VEHICLE CODE
SECTION 23153(b), a felony, was committed by Martin Ahmad Mosby, who did, while having a
0.08 percent or more, by weight, of alcohol in his blood, drive a vehicle and concurrently did an act
forbidden by law, and/or neglected a duty imposed by law in driving the vehicle, which act and/or
neglect proximately caused bodily injury to Amber Tarabay .
It is further alleged as to count(s) 3, 4, that in the commission of the above offense the said
defendant(s) Martin Ahmad Mosby, personally inflicted great bodily injury upon Amber Tarabay ,
not an accomplice to the above offense, within the meaning of Penal Code Section 12022.7(a) and
also causing the above offense to become a serious felony within the meaning of Penal Code
Section 1192.7(c)(8).

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Complaint DA CASE NO: 2014-00-0035772
*****
COUNT 5
On or about J uly 11, 2014, in the above named judicial district, the crime of DRIVING
UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE CAUSING INJ URY, in violation of
VEHICLE CODE SECTION 23153(a), a felony, was committed by Martin Ahmad Mosby, who ,
while under the influence of an alcoholic beverage, drove a vehicle and concurrently did an act
forbidden by law, and/or neglected a duty imposed by law in driving the vehicle, which act and/or
neglect proximately caused bodily injury to Tiffany Tarabay .
It is further alleged as to count(s),5, 6 that in the commission of the above offense the said
defendant(s) Martin Ahmad Mosby, personally inflicted great bodily injury upon Tiffany Tarabay ,
not an accomplice to the above offense, within the meaning of Penal Code Section 12022.7(a) and
also causing the above offense to become a serious felony within the meaning of Penal Code
Section 1192.7(c)(8).

*****
COUNT 6
On or about J uly 11, 2014, in the above named judicial district, the crime of DRIVING WITH
A .08% BLOOD ALCOHOL CONTENT CAUSING INJ URY, in violation of VEHICLE CODE
SECTION 23153(b), a felony, was committed by Martin Ahmad Mosby, who did, while having a
0.08 percent or more, by weight, of alcohol in his blood, drive a vehicle and concurrently did an act
forbidden by law, and/or neglected a duty imposed by law in driving the vehicle, which act and/or
neglect proximately caused bodily injury to Tiffany Tarabay .
It is further alleged as to count(s) 5, 6 that in the commission of the above offense the said
defendant(s) Martin Ahmad Mosby, personally inflicted great bodily injury upon Tiffany Tarabay ,
not an accomplice to the above offense, within the meaning of Penal Code Section 12022.7(a) and
also causing the above offense to become a serious felony within the meaning of Penal Code
Section 1192.7(c)(8).

*****
COUNT 7
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Complaint DA CASE NO: 2014-00-0035772
On or about J uly 11, 2014, in the above named judicial district, the crime of ACCESSORY
AFTER THE FACT-(KNOWLEDGE OF CRIME), in violation of PENAL CODE SECTION 32, a
felony, was committed by David Lee Brass, who unlawfully, having knowledge that the crime of
Leaving the scene of a fatal crash, a felony, in violation of Section 20001 of the Vehicle Code of
the State of California had been committed by Martin Mosby, did harbor, conceal, and aid said
Martin Mosby, with the intent that he/she might avoid and escape from arrest, trial, conviction, and
punishment for said felony.
*****

* * * * *
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."

I DECLARE UNDER PENALTY OF PERJ URY THAT THE FOREGOING IS TRUE AND
CORRECT AND THAT THIS COMPLAINT CONSISTS OF 7 COUNT(S).
Executed at San Bernardino, California, on J uly 15, 2014.
BHouser
BHouser
DECLARANT AND COMPLAINANT

Agency: San Bernardino Police Department Prelim Est. 00:00
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Complaint DA CASE NO: 2014-00-0035772

Defendant
Martin Ahmad Mosby
David Lee Brass

Birth Date
11/26/1990
06/18/1990

Booking No.
1407341322
1407341318

CII No.
A28688011
A29559637

NCIC





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Complaint DA CASE NO: 2014-00-0035772