ad} Deputy District Attorney File No. F-15-02476 STEPHEN 8. CARLTON DISTRICT ATTORNEY L E D Shasta County \ 1355 West Street MA) Redding, CA 96001 V1 20, (530) 245-6300 GLERK OF THE SUPERIOR COURT shastada@co.shasta.ca.us BY: A. WATT, DEPUTY CLERK Attorney for Plaintiff IN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SHASTA Redding Branch THE PEOPLE OF THE STATE OF CALIFORNIA Plaintiff, No, 15-02476 COMPLAINT-CRIMINAL vs. Felony EUSEBIO RAFEAL LUNA, AKA: EUSEBIO RAFAEL LUNA Next Court Date: 05/11/2015 Defendant(s: F DA f F-15-02476 SHASTA COUNTY SHE! 'S DEPARTMENT 1515893 ‘The Disirit Atomey of Shasta County, by and through the undersigned Deputy Distt Attorney, on information anid belief, complains and accuses defendant(s) of having committed, in the County of Shasta, State of California, the crime(s) of: COUNT 1 WILLFUL, DELIBERATE, PREMEDITATED FIRST DEGREE MURDER, in violation of Section 187(A) of the Penal Code, a Felony. Defendant (s) EUSEBIO RAFEAL LUNA, On or about the 4th day of May, 2015, did willfully, unlawfully, deliberately, with premeditation and malice aforethought murder CLARENCE “JIMMY” O'NEIL, a HUMAN BEING. Itis further alleged that the aforesaid murder was committed willfully, deliberately and with premeditation and is a serious felony pursuant to Penal Code section 1192.7(c), Itis further alleged that the above offense is a violent felony within the meaning of Penal Code Section 667.5(¢). Van G2 Tad WILLIAM S. BATEMAN Subscribed and sworn on May 11, 2015 Pursuant to Penal Code Section 1094.5(b), the People are hereby informally requesting that defense counsel provide discovery to the people as required by Penal Code Section 1054.3, WSBitp aeSoe aa HOLDING ORDER It appearing to me that the offense(s) in the within complaint has/have been committed, and ‘hat there is sufficient cause to believe that the defendant(s) EUSEBIO RAFEAL LUNA, AKA: EUSEBIO RAFAEL LUNA is guilty thereof. “The defendant(s) EUSEBIO RAFEAL LUNA, AKA: EUSEBIO RAFAEL LUNA. having waived preliminary hearing to the offense(s) set forth in this complaint, Exceptions/Additions/Conditions: J order that the defendant be held to answer to same. In my capacity as Judge of the Superior Court, I deem the within complaint to be an Information and order it filed in the Superior Court. Torder that the defendant be held to answer to same. An Information is to be filed by the District Attorney's Office within the statutory time limit for defendant's arraignment on said Information. Date: Dept. Tudge of the Superior Court Sitting as MagistrateSHASTA COUNTY SHERIFF’S OFFICE rae (arate Tocinde all Property and its Descriptions S= Stolen; Recovered Un FoFeund; WaHea Evidences Resale Keeping 1 Coe Quant Arle Brandivode ‘SeraVOAN Desrigion/FCN coer cary Narrative; On Monday, 05/04/15 at 0746 hours Eusebio Luna contacted the Sheriffs Office to repon finding his Uncle, Clarence "Jimmy" Oneil deceased at 23911 Coleman Fish Hatchery Road in Anderson. Deputy Walker and | arrived at 23911 Coleman fish Hatchery Road. Further investigation revealed this was a suspicious death, This investigation was turned over tothe Major Crimes Uni ‘Case Pending: Forward to Major Crimes ‘HSDENEANOW NOW WELEASE SE. = CHECK EACH REASON FOR NOT RELEASING WE SURIECT WTA WRITTEN NOTICE TO RPPERE 1. The person arrested was so intoricated that he or she could have been a danger to himself or herself or othe. (2. The person arrested required medical examlaation ar medical cae or was otherwise unable to care for his or her owa safety. (3. Thepersoa was arrested under one or more of the circumstances listed In sections 40302 and 40303 of the Veblcle Cade. (4 There were one or more outstanding arrest warrants forthe person. TS. ‘The person could uot provide satistnctory evidence of persona identification, Te ‘The prosecution ofthe offease or offense for which the person was arrested, orth prosecution of anyother offense o offense would be jeopardized by immediate release ofthe person arrested, 117. There was a reasonable tikelibood thatthe offense or offenses would continue or resume, or thatthe safety of persons or property ‘would imminently endangered by release ofthe person arrested. (8. 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Oter —_J 1 Bieyeles 5 5 ~ Segue | Q > eene Ot onaeamer ai Na ae RECEIven J ‘Report No, 15-15893 May 08 2015 Officer ID No. 129 08 26 SHASTA coup BY SHERIPENTYDEATH UNKNOWN Case No. 15-15893 (V) OPNeil, Clarence Supplement Detective Pas Sgt. SBKS Summary of Events (On Monday, May 4", 2015, at approximately 0746 hrs, Eusebio Luna called 911 and reported his uncle Clarence “Jimmy” O’Neil deceased at 23911 Coleman Fish Hatchery Rd, Anderson, Ca According to the initial report that I reviewed: Shasta County Sheriff's Deputies Depuy and Walker arrived at the scene and determined the death to be suspicious. Luna provided an intial statement to Deputy Depuy that he found his uncle O'Neil deceased at approximately 0730-0800 hrs in the front yard. Luna said they had arrived at the residence at approximately 2000 hours after visiting his aunt, who is in the ICU. Luna said they had barbequed chicken and were drinking Natural Ice beer. Luna also said they hhad been smoking marijuana while driking the beer. Luna said he had “blacked out” and went to bed, He stated when he blacked out, O°Neil was still sitting on the porch drinking beer. Luna said that when he woke up in the morning, he found O’Neil laying face down on the ‘ground in the front yard with his forehead resting on a cement pier block. Luna said he tried to wake up O'Neil, but could not get a response from him. Luna said he dragged O'Neil a few feet east, toward the travel trailer, so that anyone driving on Coleman Fish Hatchery Rd would not see O°Neil lying on the ground, Luna covered O’Neil up with a blanket, and moved the pier block onto a garbage pile, approximately 20 yards to the north west of its original location in the front yard. Luna told Deputy Depuy he had shoveled all the pooled blood from the area and had disposed of it in a black plastic container, located approximately 50 feet from his residence. Luna told Deputy Depuy he shoveled and moved the blood because he did not want to see all the blood. Deputy Depuy stated she had also seen chunks of human hair on the ground near the body, and the dirt area had been raked. She found the plastic container that the bloody dirt had been shoveled in to, located behind a small pile of debris, approximately 30 feet from where O°Neil was found, Deputy Depuy contacted the other residents that live on the property. She contacted Cecil ‘Wainscott who said he heard two loud thumps at about 0400 hours and Luna yelling “Get the fuck out of here!” Cecil said he assumed Luna was yelling at O°Neil, due to them being alone at Luna's trailer. Other witnesses heard the same loud thumping noises and ‘Luna and O’Neil yelling at each other. RECEIVED IMAGED MAY 08 2085 Detective Padilla #167 | MAY 08 2015 SHASTA COUNTY By & WtDEATH UNKNOWN Case No. 15-15893 (V) OPNeil, Clarence Supplement Detective Padilla #167 (Gow Se Deputy Depuy contacted Sgt. Grashoff and briefed him. They taped off the scene and contacted Major Crimes Unit. I responded and made contact with Deputy Depuy at approximately 1050 hrs. 1 was briefed on the incident and advised Sgt. Kropholler of the situation. I contacted Luna who was seated in Deputy Walker's patrol vehicle and asked him if he would speak to me at the Major Crimes Office. Luna was not detained at this time and voluntarily consented to speaking to me at MCU. Luna was transported by Deputy Walker to MCU and I conducted an interwiew with him there. Luna provided a voluntary statement and this is a summary of that statement. Luna said that on Sunday, May 3%, he was at the hospital visiting his aunt who was in the Intensive Care Unit of Shasta Regional Medical Center. After visiting his aunt, Luna and his Uncle O'Neil went to the Gas 4 Less station near SRMC and bought some beer. He said they sat behind the store and consumed those beers. Luna said they went back the hospital and then went back to the store to buy more beer, which they consumed behind the store. ‘Then they bought a 12 pack of Natural [ce to take to Luna’s residence for later. Luna said they arrived at his residence at approximately 2030-2100 hours and barbequed the chicken. Luna was burning trash in a bum pile nearby, while they barbequed and he and O’Neil consumed the entire 12 pack of beer and smoked marijuana. Luna said he passed out due to his alcohol consumption, at approximately 0000 hours, on his bed inside his residence. Luna said he did not wake up again during the night, until approximately 0700-0730 the following morning. ‘Luna initially said the last thing he remembered was walking to his bed to go to sleep, and he saw O’Neil sitting in a chair on his porch with his head on or near his right arm, and appeared to be sleeping. Later during the interview, he changed his “last memory” of the night to O’Neil asking him if he had any wine, and saying they should drink it, and Luna said he didn’t remember if they had drank any wine or not, Still later in the interview, Luna changed his “last memory” to getting out a bottle of wine to drink with O'Neil, but not being able to find a corkscrew. Luna said he awoke at approximately 0700-0730 hours to use the bathroom. When he got up, he looked out the window and saw O’Neil lying face down on the ground outside. He said he ran out of the trailer, and tried to wake up O'Neil. Luna said the way O°Neil was lying, it looked as though O*Neil’s neck was broken because O°Neil’s forehead was resting on a pier block and was pushing his head back. As soon as Luna stepped onto the porch, he cut his bare foot on something, possibly a piece of glass, and his foot immediately started bleeding. Lama said he yelled “Uncle, Uncle!” several times, then grabbed O’Neil’s hand, Luna pulled on O’Neil’s hand trying to wake him up, which caused O'Neil to roll onto his back. Luna then saw that O’Neil’s nose looked broken, and his face was bloody. Luna “patted” O’Neil’s face several times trying to wake him up. RECEIVED Detective Padilla #167 2 MAY 08 2015 IMAGED SHASTACOUNTY SHERIFFDEATH UNKNOWN Case No. 15-15893 (V) O'Neil, Clarence Supplement P Detective Padilla #167, is ‘When Luna realized that O'Neil was not going to wake up, he ran to his Aunt Dee's trailer, which is approximately 30 feet from his residence. Luna told his aunt to come look at O'Neil, which she did. As soon as Dee saw O'Neil, she told Luna to call 9-1-1. Luna called 9-1-1 and told the dispatcher that he thought his Uncle was dead. The dispatcher told Luna help would be on the way, and thet it would be about 30. minutes. ‘After he got off the phone, Luna said he dragged O'Neil’s body toward the trailer, because he did not want people driving on the street to sce him like that. Luna then retrieved a blanket from his bed, and covered O’Neil’s body with it because Luna did not ‘want to see O°Neil in that condition, While waiting for emergency personnel to arrive, Luna proceeded to shovel up a pool of blood, which had gathered where he “originally found” O'Neil. Luna said as he shoveled the blood, he threw the shovel-fulls of bloody dirt over a debri pile and away from his front yard, Luna said the sight of the blood bothered him. He also moved the pier block from its “original location” to a burn/rubble pile, located approximately 20 yards from the residence. Luna said he also moved 3 pieces of “kindling” which had rope tied to them (which he had allegedly been using as a barricade of sorts to keep people from walking on his awn), Luna said the rope had blood all over it, so he rolled the rope around the pieces of kindling and tossed them over the debris pile (near where the plastic container with the bloody dirt was located). After cleaning up the front yard and moving the bloody items described above, Luna went into his bathroom to wash O’Neil’s blood off of him because he did not want to ook at it, Luna said he was wearing the same clothes during our conversation, as he had been wearing throughout the night, ‘Luna said he did not change clothes, and knew that the clothes he was wearing (during ‘our interview) would be covered in O’Neil’s blood because he had touched and moved O'Neil, and at one point had been “cradling” O’Neil’s head in his lap (indicated the right side of his lap). It should be noted that I did not notice any blatantly obvious blood on LLuna’s shorts, which were light colored. Luna’s shirt was black and he was wearing blue flip-flop shoes. Luna’s shorts, shirt, and flip-flops were collected and booked into evidence at the conclusion of the interview. Luna told us that O'Neil must have gotten up some time during the night after (Luna) passed out, and tripped and fallen onto the pier block. Luna said nobody else was at his residence that night, and that he would have no reason to argue or fight with his ‘Uncle O'Neil. Luna repeatedly told us that he got along well with his uncle, and that he has never been in a fight with him, Specifically, Luna told us he had not argued or fought with his Uncle O°Neil the previous night. RECEIVED Detective Palla 167 3 MAY 08 2015 IMAGED SHASTACOUNTY SHERIFFDEATH UNKNOWN Case No. 15-15893 (V) O'Neil, Clarence Supplement Detective Padilla "Loy SBP On Thursday, May 7, I witnessed Dr. Arthur-Kenny perform an autopsy of O’Neil’s body. During the autopsy, the following injuries were observed (not an inclusive list): + stab wound to chin, which cut part way up through O"Neil’s tongue - 5 significant impacts to face multiple strikes to chest (with something flat) +2 fractured left ribs + fractured left collar bone + large quantity of blood in lungs, consistent with enhaling blood approximate 4"x4” bruise on top of head minor injury to front of brain Dr. Arthur-Kenny said that the injuries sustained by the victim, were not consistent with a fall. She said that the stab wound to the chin appeared to be from a single edge knife or similar type instrament. During the autopsy, a white oval shaped bead was found in the neck area of the victim as his shirt was being removed. Luna signed a consent to search form for his residence and the surrounding property. The following items of interest (among other items) were found in or near Luna’s residence and seized as evidence: A pair of light colored shorts which appear to be the same shorts Luna was ‘wearing during his visit to the hospital the night prior to the incident. The shorts have blood spatter in numerous areas (these are different shorts then Luna claimed to be wearing the night of the murder, and was wearing during his interview). The shorts were found stuffed in a small crevice between Luna’s bed and the wall. ‘A white shirt with a “Cali Life” symbol on the front, The shirt is ripped from the collar down to the navel area, and has blood spatter in numerous areas (this is a different shirt then Luna claimed to be wearing the night of the murder, and was wearing during his interview). The shirt was located draped over a chair inside Luna's residence. ‘A small folding knife consistent with the injury/stab wound to O°Neil’s chin and tongue. The blade and handle appear to have possible blood on it, although @ presumptive test has not been conducted due to time constraints. The folding knife was found in a folded position, on a nightstand type area next to Luna’s bed, near where the bloody shorts were found. A portion of a 1x4 wood slat which appears to have blood swipes and spatter on it, The wood slat appears to be consistent with the multiple injuries to O’Neil’s chest. The wood slat was found approximately 15 yards from the residence, and appeared to have been tossed into the grass/weeds. "A presumptive test for blood has not been conducted due to time constraints. RECEIVED 4 MAY 08 2015 SHAgTA Cour ‘SHERRY Detective Padilla #167 IMAGEnDEATH UNKNOWN Case No. 15-15893 (¥) O'Neil, Clarence Supplement Detective Padilla #16 CE ‘ eae 5 oa ‘A white oval shaped bead, similar in size and nature to the one found on O°Neil during the autopsy. The bead was found on the ground near the front porch, with several other beads which appear to possibly be from a necklace. Based on the above information and circumstances, | believe there is sufficient probable cause to believe Eusebio Rafeal Luna caused multiple injuries to Clarence “Jimmy” O'Neil, which resulted in O’Neil’s death, This summary of events is meant to serve as an overview of information found during this investigation. Case Status: Open RECEIVED Detective Pails #167 5 MAY 08 2015 IMAGED SHAgTACOUNTY