IN THE GENERAL SESSIONS COURT OF SHELBY COUNTY, TENNESSEE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS DIVISION XIV STATE OF TENNESSEE

ex rel. AMY WEIRICH DISTRICT ATTORNEY GENERAL, Petitioner, vs. No. _____________ Set for Hearing on: November 21, 2011 Division 14 201 Poplar, 2nd Floor Section IV Docket

El Zacatecas (Rio Grande Sports Bar) 3991 Jackson Avenue Memphis, TN 38128 3991 Jackson Avenue Memphis, TN 38128 Jack Pearson 2504 Mt. Moriah Road Memphis, TN 38115 Victor Sotelo Morales 3991 Jackson Avenue Memphis, TN 38128 Respondents.

VERIFIED PETITION FOR ABATEMENT OF NUISANCE

COMES NOW the State of Tennessee, ex. rel.Amy Weirich, District Attorney for the Thirtieth Judicial District of Tennessee at Memphis, and files this Verified Petition for Abatement of Nuisance, and for its cause of action would state the following: 1. This cause of action is commenced pursuant to Tenn. Code Ann. 29-3-101, et

seq., which provides, in part, for the abatement of any nuisance. A nuisance is defined, in relevant part as

Nuisance means any place in or upon which lewdness, assignation, promotion of prostitution, patronizing prostitution, unlawful sale of intoxicating liquors, unlawful sale of any regulated legend drug, narcotic or other controlled substance, unlawful gambling, any sale, exhibition or possession of any material determined to be obscene or pornographic with intent to exhibit, sell, deliver or distribute matter or materials, , quarreling, drunkenness, fighting or breaches of the peace are carried on or permitted 2. This Court has jurisdiction over the matter as provided in Tenn. Code Ann. 29-

3-102, which extends jurisdiction to chancery, circuit, or criminal courts and any court designated as an environmental court pursuant to Chapter 426 of the Public Acts of 1991. 3. Shelby County, Tennessee is the proper venue for this action. The relevant statute

provides that the District Attorney General shall bring the action in the county where the public nuisance is kept, maintained, carried on or exists. Tenn. Code Ann. 29-3-103 4. The nuisance is a parcel of real property with its appurtenances and attachments,

municipally known as 3991 Jackson Avenue, Shelby County, Tennessee. The public nuisance is a parcel of real property located at 3991 Jackson Avenue, Memphis, Shelby County, Tennessee. The location operates as a nightclub known as El Zacatecas (Rio Grande Sports Bar) (hereinafter, the Club). Jack Pearson and Victor Sotelo Morales, as listed above, is/are listed as the owner(s) of said property, while numerous individuals engage in the nuisance activity at the location. 5. This Petition follows an long-term investigation by the Memphis Police

Department in coordination with the Drug Enforcement Agency. The investigation utilized surveillance, an undercover Memphis Police Officer and confidential sources. The investigation revealed that the Club operates as a location where illicit drugs are routinely sold, purchased and used. Further, the investigation revealed various other crimes occurring on and around said property resulting from and associated with the high volume of drug activity.

6.

In general, the pattern of the nuisance activity is well-established and routine at

the Club. An individual, known to management of the Club, is positioned at the bathroom of the Club. That individual sells small quantities of cocaine to patrons of the Club, who, in turn, go inside the bathroom of the Club to consume the cocaine. 7. Consistent with this pattern, on the following occasions, Undercover Officer (1) September 25, 2010, at approximately 10:10 pm, UC 1339 purchased .4 grams of cocaine, (2) October 1, 2010, at approximately 10:15 pm, UC 1339 purchased .2 grams of cocaine, (3) October 2, 2010, at approximately 9:40 pm, UC 1339 purchased .3 grams of cocaine, (4) October 9, 2010, at approximately 9:40 pm, UC 1339 purchased .4 grams of cocaine, (5) October 22, 2010, at approximately 10:00 pm, UC 1339 purchased .4 grams of cocaine, (6) November 13, 2010, at approximately 11:45 pm, UC 1339 purchased .3 grams of cocaine, (7) November 14, 2010, at approximately 11:30 pm, UC 1339 purchased .4 grams of cocaine, (8) December 12, 2010, at approximately 12:30 am, UC 1339 purchased .2 grams of cocaine, (9) December 18, 2010, at approximately 10:00 pm, UC 1339 purchased .2 grams of cocaine, (10) (11) (12) January 1, 2011, at approximately 1:00 am, UC 1339 purchased .2 grams October 15, 2011, at approximately 00:40 am, UC 1339 purchased .44 March 12, 2011, at approximately 10:45 pm, UC 1339 purchased 5.grams of cocaine, grams of cocaine, of cocaine.

1339 has purchased cocaine at the approximate times listed below from the Club:

(13) (14)

March 19, 2011, at approximately 12:20 am, UC 1339 purchased .5 grams April 8, 2011, at approximately 11:00 pm, UC 1339 purchased .2 grams of

of cocaine, cocaine, . 8. Beyond these incidents, the Memphis Police Department Organized Crime Unit has utilized a confidential source (hereinafter, CS) to purchase cocaine, again, in the same manner, from the Club, as follows: (1) October 15, 2011, at approximately 00:40 am, CS purchased .44 grams of cocaine. 9. Undercover Memphis Police Officer 1339 has also performed surveillance inside

the Club on numerous occasions. He was witnessed the pattern described above occurring on a regular and routine basis. Further, he has witnessed these acting occurring in plain and full view of management and/or employees of the Club. 10. Beyond this drug activity, over the course of the past year, other criminal

incidents have occurred at the Club. For instance, on June 26, 2011, Memphis Police Department responded to Aggravated Assault at the Club and, on October 9, 2010, responded to an Attempted Aggravated Arson. Wherefore, the State of Tennessee, prays that the Court would grant a temporary writ of injunction; that notice be given to all parties to appear and show cause why the States further application for a permanent injunction should not be granted; and, upon hearing the proof in this cause, that a judgment be entered declaring the house a public nuisance pursuant to the laws of this State and ordering auction of the personally as provided by statute. Respectfully Submitted, ____________________ Amy Weirich

____________________ Paul Hagerman

Verification I have read the foregoing and participated in the investigation referenced above. To the best of my information, knowledge and belief, I do attest, upon penalty of perjury, that the foregoing is true and accurate. Signature: __________________ Date: _____________ Dennis Evans, Memphis Police Department Notary: ____________________ Date: _____________

My Commission Expires: _______________________