LDA 6/22/21

TULARE COUNTY SUPERIOR COURT DISTRICT

PORTERVILLE DIVISION, STATE OF CALIFORNIA

THE PEOPLE OF THE STATE OF CALIFORNIA

Plaintiff, DA No. 21-008875

vs.
Court No.
ELIZABETH GABRIELLA NUNGARAY DOB:02/05/1977
FELONY COMPLAINT
AKA: ELIZABETH NUNGARY DOB:02/07/1977
AKA: ELIZABETH GABRIELA NUNGARY
DOB:02/05/1977
AKA: ELIZABETH NUNGRAY DOB:02/05/1977
AKA: JUDY MENDOZA DOB:02/06/1976
AKA: ELIZABETH MONTOYA DOB:03/26/1976

Defendant(s).

The undersigned is informed and believes that:

COUNT 1

On or about June 19, 2021, in the County of Tulare, the crime of MURDER, SECOND DEGREE,
in violation of PENAL CODE SECTION 187(a), a FELONY, was committed by ELIZABETH
GABRIELLA NUNGARAY, who did unlawfully, and with malice aforethought murder D.H., a human
being.

“NOTICE: The above offense is a serious felony within the meaning of Penal Code Section
1192.7(c)(1)”.

SPECIAL ALLEGATION

It is further alleged, as to the above count, that said DEFENDANT, was convicted of the following
felonies, within the meaning of Penal Code section 1203(e)(4):

COURT CODE/ CONVICTION COUNTY STATE COURT TYPE

CASE NO. STATUTE DATE__________________________________________________

VA04954801 PC459/2ND 7/15/98 LOS ANGELES CALIFORNIA SUPERIOR

91654 PC666 5/20/98 TULARE CALIFORNIA SUPERIOR
PCF167791 PC666 7/10/06 TULARE CALIFORNIA SUPERIOR

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COUNT 2

On or about June 19, 2021, in the County of Tulare, the crime of MURDER, SECOND DEGREE,
in violation of PENAL CODE SECTION 187(a), a FELONY, was committed by ELIZABETH
GABRIELLA NUNGARAY, who did unlawfully, and with malice aforethought murder K.H., a human
being.

“NOTICE: The above offense is a serious felony within the meaning of Penal Code Section
1192.7(c)(1)”.

SPECIAL ALLEGATION

It is further alleged, as to the above count, that said DEFENDANT, was convicted of the following
felonies, within the meaning of Penal Code section 1203(e)(4):

COURT CODE/ CONVICTION COUNTY STATE COURT TYPE

CASE NO. STATUTE DATE__________________________________________________

VA04954801 PC459/2ND 7/15/98 LOS ANGELES CALIFORNIA SUPERIOR

91654 PC666 5/20/98 TULARE CALIFORNIA SUPERIOR
PCF167791 PC666 7/10/06 TULARE CALIFORNIA SUPERIOR

COUNT 3

On or about June 19, 2021, in the County of Tulare, the crime of GROSS VEHICULAR
MANSLAUGHTER WHILE INTOXICATED, in violation of Penal Code section 191.5(a), a FELONY,
was committed by ELIZABETH GABRIELLA NUNGARAY, who did unlawfully, and without malice,
kill D.H., 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 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.

The above offense is a serious felony within the meaning of Penal Code Sections 1192.7(c) and 1192.8(a).

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SPECIAL ALLEGATION

It is further alleged, as to the above count, that said DEFENDANT, was convicted of the following
felonies, within the meaning of Penal Code section 1203(e)(4):

COURT CODE/ CONVICTION COUNTY STATE COURT TYPE

CASE NO. STATUTE DATE__________________________________________________

VA04954801 PC459/2ND 7/15/98 LOS ANGELES CALIFORNIA SUPERIOR

91654 PC666 5/20/98 TULARE CALIFORNIA SUPERIOR
PCF167791 PC666 7/10/06 TULARE CALIFORNIA SUPERIOR

COUNT 4

On or about June 19, 2021, in the County of Tulare, the crime of GROSS VEHICULAR
MANSLAUGHTER WHILE INTOXICATED, in violation of Penal Code section 191.5(a), a FELONY,
was committed by ELIZABETH GABRIELLA NUNGARAY, who did unlawfully, and without malice,
kill K.H., 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 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.

The above offense is a serious felony within the meaning of Penal Code Sections 1192.7(c) and 1192.8(a).

SPECIAL ALLEGATION

It is further alleged, as to the above count, that said DEFENDANT, was convicted of the following
felonies, within the meaning of Penal Code section 1203(e)(4):

COURT CODE/ CONVICTION COUNTY STATE COURT TYPE

CASE NO. STATUTE DATE__________________________________________________

VA04954801 PC459/2ND 7/15/98 LOS ANGELES CALIFORNIA SUPERIOR

91654 PC666 5/20/98 TULARE CALIFORNIA SUPERIOR
PCF167791 PC666 7/10/06 TULARE CALIFORNIA SUPERIOR

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COUNT 5

On or about June 19, 2021, in the County of Tulare, the crime of DRIVING UNDER INFLUENCE
OF ALCOHOL AND/OR DRUGS CAUSING INJURY, in violation of VEHICLE CODE SECTION
23153(a), a Felony, was committed by ELIZABETH GABRIELLA NUNGARAY, who did willfully and
unlawfully, while under the influence of an alcoholic beverage and/or a drug or under their combined
influence, drive a vehicle and in so driving, concurrently did an act forbidden by law and neglected a duty
imposed by law, which proximately caused bodily injury to M.A., Y.H., K.H., S.H., A.A., D.A., and V.M.

SPEC ALLEG - DRIVING WITH A .08% BLOOD ALCOHOL CAUSING INJURY WITH ONE
PRIOR OFFENSE

It is further alleged, pursuant to Vehicle section 23560, as to the above count(s) that the above named
DEFENDANT suffered the following prior conviction:

Off Date Conv Date VC Section Court Docket #

3/14/00 4/17/00 23152A TULARE PCF055260-00

SPECIAL ALLEGATION - GREAT BODILY INJURY

It is further alleged, as to the above count, that in the commission of the above offense the said
DEFENDANT, personally inflicted great bodily injury on M.A., not on 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).

SPECIAL ALLEGATION - GREAT BODILY INJURY

It is further alleged, as to the above count, that in the commission of the above offense the said
DEFENDANT, personally inflicted great bodily injury on Y.H., not on 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).

SPECIAL ALLEGATION - GREAT BODILY INJURY

It is further alleged, as to the above count, that in the commission of the above offense the said
DEFENDANT, personally inflicted great bodily injury on S.H., not on 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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SPECIAL ALLEGATION - GREAT BODILY INJURY

It is further alleged, as to the above count, that in the commission of the above offense the said
DEFENDANT, personally inflicted great bodily injury on A.A., not on 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).

SPECIAL ALLEGATION-BODILY INJURY TO MORE THAN ONE VICTIM

It is further alleged, during the commission of the above violation of Penal Code Section 191.5, the
DEFENDANT proximately caused bodily injury and/or death to more than one victim and is thus subject
to the additional punishment provided for in Vehicle Code Section 23558.

SPECIAL ALLEGATION

It is further alleged, as to the above count, that said DEFENDANT, was convicted of the following
felonies, within the meaning of Penal Code section 1203(e)(4):

COURT CODE/ CONVICTION COUNTY STATE COURT TYPE

CASE NO. STATUTE DATE__________________________________________________

VA04954801 PC459/2ND 7/15/98 LOS ANGELES CALIFORNIA SUPERIOR

91654 PC666 5/20/98 TULARE CALIFORNIA SUPERIOR
PCF167791 PC666 7/10/06 TULARE CALIFORNIA SUPERIOR

********

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Pursuant to Penal Code Section 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.

Pursuant to People v. Cunningham, the People hereby put the defendant on notice that the aggravated
sentence may be sought in this case.

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT
AND THAT THIS COMPLAINT CONSISTS OF 5 COUNT(S).

Executed at PORTERVILLE DIVISION, California, on June 22, 2021.

_______________________________________
BRITTANY KNOTTS
DEPUTY DISTRICT ATTORNEY

Agency: PPD
COURT INTAKE
DEFENDANT NAME SEX RACE HGT WGT EYES HAIR DATE STATUS
ELIZABETH GABRIELLA F H 504 154 BRO BRO 06/22/2021 IC
NUNGARAY

COMPLAINT PROCESSED BY: AB