district attorney general, amy weirich and state...
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IN THE GENERAL SESSIONS COURT OF SHELBY COUNTY, TENNESSEETHIRTIETH JUDICIAL DISTRICT AT MEMPHIS
DIVISION XIV
STATE OF TENNESSEE ex rd.AMY WEIRICHDISTRICT ATTORNEY GENERAL,
AND
HERMAN MORRIS,CITY ATTORNEYCITY OF MEMPHIS
Petitioners;
VS.No.
__________
Set for Hearing on: December 10, 2014FAM Mob General Sessions Court Division 14
10:30 a.m.a/k/a
FAM Mob GangFMGF*** Iremainder of expletive deletedi AlmightyFVMFamily and Money GangThe FAMFrayser FAM
VERIFIED PETITION FOR ABATEMENT OF NUISANCE AND REQUESTFOR INJUNCTIVE RELIEF
C(DN1iN NOW the State of Tennessee. cx. ref Amy Weirich, District Attorney
General for the Thirtieth Judeai District ci Tennessee at Memphis. and Herman Morris..
City Attorney lbr the City of Memphis, Tennessee, and file this Verified Petition for
Abatement of Nuisance and Request fhr Injunctive ReIief and for their cause of action
state:
I. OVERVIEW
I. FAM Mob is a violent Street gang. It is, or has been, known by several names,
including (a) FAM Mob Gang, (b) FMG, (c) F***[remainder of expletive deleted]
Almighty, (d) FVM (with the “V” actually constituting an upside down “A,” which is
intended to show disrespect to another violent street gang), (e) Family and Money Gang,
(I) the FAM, and (g) Frayser FAM. This gang shall be referred to hereinafter as “FAM
Mob.”
2. As a violent street gang, FAM Mob is comprised primarily of members with
ties to (a) the Ridgecrest Apartments and (b) the Greenbriar Apartments, each in the
Frayser area of Memphis, all as more particularly described in Section VIII of this
Petition. These apartment complexes are strongholds and safe havens for this gang.
3. In about the year 2000, FAM Mob started as a juvenile gang on Burnham
Street in Frayser and with ties to Trezevant High School. FAM Mob had eight founding
members, who formed the gang because they were prohibited from joining the Gangster
Disciples gang because of their young ages. They, therefore, originally aligned their gang
with the Gangster I)isciples.
4. FAM Mob’s founding members originally called their gang “F***[remainder
of expletive deleted] Almighty,” as a sign of disrespect to the Vice Lord Nation — another
aang which the founders were not able to join and a rival of the Gangster Disciples.
5. All FAyl Mob members referenced in this Venfled Petition ha\e a connection
to the Ridgecrest and the Greenbriar, Many have attended Frayser High School and
l1L/L\ant high School x\herc theic aie laige concentrations of I \I Mob members
6. In the areas described in Section VIII of this Petition as the “Safety Zones,”
FAM Mob regularly sells illegal drugs in plain view on public streets and engages in
other crimes to the detriment of the neighborhoods. Many narcotics sales happen within
one half mile of Trezevant 1-ugh School and within four blocks of Frayser High School.
Additionally, many narcotics sales occur in the immediate area of a MATA bus stop.
The crimes which FAM Mob members have committed include various drug offenses,
robberies, homicides, aggravated assaults, and domestic violence.
7, Despite the concerted efforts of law enforcement, the illegal activities of FAM
Mob continue unabated.
8. The level of unlawful activity and lack of respect for the law by FAM Mob
keeps other residents in the Safety Zones from the free exercise of their rights as property
owners, tenants, and citizens and keeps the owners of the Ridgecrest and the Greenbriar
from engaging in their lawful business to the fullest extent possible.
9. This Petition seeks to declare FAM Mob a public nuisance and to abate such
nuisance by enjoining FAM Mob from participating in activities in the Safety Zones, all
as set forth herein.
Ii. JURISDICTION AND VENUE
10. Jurisdiction to declare a criminal gang a public nuisance is proper in this
Court pursuant to LC.A. § 2-3l02.
I I Venue is proper in t.his Court because the nuisanc.e ctivity from which the
Pcttioners seek reIef occurs in Shelby Count’. State cx tel Bowl_Scott. I 76 Icon.
662. 145 S.W.2d 765 i940).
Ill, PARTIES
12. The Petitioners in this matter are (a) the People of the State of Tennessee,
acting by and through Amy Weirich, the District Attorney General for the Thirtieth
Judicial District, and (b) Herman Morris, the City Attorney for the City of Memphis.
13. The Respondent in this matter is FAM Mob, a criminal street gang with a
physical presence in the City of Memphis. FAM Mob is subject to suit in the state of
Tennessee. The individual members of this gang either live in or frequent particular
areas, described in Section VIII of this Petition as the Safety Zones.
IV. SERVICE
14. Despite being a criminal enterprise without a lawful purpose, FAM Mob is
structured similarly to an unincorporated association conducting business primarily in the
State of Tennessee.
15. Criminal gangs are legal bodies capable of being served in a manner
consistent with an unincorporated association. People ex rel. Totten v. Colonia Chiques,
156 Cal. App. 4th 31, 38 (2007).
16. Service of process is appropriate on an unincorporated association with the
appointed representative filed by the association with the Secretary of State. If an
unincorporated association fails to appoint a representative for service of process, service
is proper upon the Secretary of State. Tenn. Code Ann, § 20-2-202 (2013).
1 7. Service is also proper by delivering a copy of the summons and of the
complaint—here, this Petition—to a partner or managing agent of the partnership or to an
otticer or managIng agent of the association, or to an acent authorized bs appointment or
by law to receive service on behalf of the partnership or association. Term. R. Civ. Pro.
4.04.
18. In the present case, the Tennessee Secretary of State does not have an
authorized representative listed for FAM Mob nor any other aliases as pleaded in this
Petition.
19. This Petition and Summons will be served upon at least one of the partners
and/or managing agents of FAM Mob.
20. Service will also be accomplished by posting notice at two locations in each
of the Safety Zones which are frequented by FAM Mob.
V. OVERVIEW OF THE USE OF GANG INJUNCTIONS
21, Combating urban street gangs with nuisance abatement lawsuits originated in
Los Angeles, California with People v. Playboy Gangster Crips, No. WEC 11 8860 (Cal.
Super. Ct. Los Angeles County Dec. 11, 1987).
22. Over the past twenty-five years, the practice has become a common tool for
law enforcement in several states across the United States.’
23. The most prevalent use of gang injunctions remains in California, a state that
is severely afflicted by gang activity.2 In 2010, California issued its 150th gang
injunction.3 It was also in California where a court issued the most sweeping approval of
gang injunctions in People cx rd. Gallo v. Acuna, 14 Cal.4th 1090 (Cal. 1997).
24. At least seven other states, including Tennessee, have now utilized this
technique.4 While municipalities ultimately must seek the injunctions, lawmakers at the
state level have enacte-d statutorv definitions of ‘puhlic nuisance’ specifically related to
S I dy4 aid I 511 i C il U m.Ahaternent the_LtIectis’cnLbvhj,mction (2004),
Sec cx ret GaflovAcuna ABUsinCatiformasNuisance I a to Co oIGags RchtcaA lien, Western State University Law Review. 259 (1998).
‘ I itthcs 0 Dci (iajnjimctionsandAhatcm,nttsnw ci Remedies to c wbgj/_t1
-
( t( ) y d 1 Gionr
ts!t4 ( whoa
gang activity.5 This statutory authority for a nuisance allows the Court to abate the
nuisance without requiring the State to prove deleterious effect on the community as
required by a common law nuisance.
25. These new statutes are a signal that states are beginning to embrace this type
of public remedy. A criminal court in Davidson County, Tennessee issued Tennessee’s
first gang injunction in March of 2013. This Court issued its first injunction order against
the Riverside Rolling 90’s in September, 2013 and its second injunction order against
Dixie Homes Murda Gang/47 Neighborhood Crips in October, 2014.
VI. TENNESSEE LAW ON GANG INJUNCTIONS
A. C’riininal Gangs are a Statutory Nuisance
26. In 2009, the Tennessee General Assembly amended the nuisance statute to
include criminal gangs.
27. The statute creates a per se nuisance subject to a permanent injunction for a
“criminal gang” that regularly “engages in gang related conduct,” T.C.A. § 29-3
10l(a)(2)(B) (emphasis added).
28. A criminal gang is defined as a group with three or more members
who has:
As one (1 ol its activities the commission of criminal acts6: and
Two .2 or more members who. lniv idualR or collectively, engage in orhave engaged in a pattern otcr,mznat gang act Iwly;
Se ç I C \ 40 121 293 101 (both enctcd in 2009) Fe\ Cr OraL & Rcrn Code \nn 6
2 a 20 i t ( aSee ia Section VI LB lhr specItic allegations of the commission of erinunal acts b LAM Mob.
See in/fe Section V1EC fr specific alle.gations of a attern of criminal cane activity com.mitted by the
membe.rs of PAM Mob.
Tenn. Code Ann. § 40-35-121 (2013) (emphasis added).
29. A pattern of criminal gang activity is:
prior convictions for the commission or attempted commission of orsolicitation or conspiracy to commit:
(i) Two (2) or more criminal gang offenses (emphasis added) that areclassified as felonies; or(ii) Three (3) or more criminal gang offenses that are classified asmisdemeanors; or(iii) One (1) or more criminal gang offenses that are classified as felonies
and two (2) or more criminal gang offenses that are classified asmisdemeanors; and(iv) The criminal gang offenses are committed on separate occasions; and(v) The criminal gang offenses are committed within a five-year period;
Tenn. Code Ann. § 40-35-12 1 (2013).
30. The statute defines a criminal gang offense as:
(A) A criminal offense committed prior to July 1, 2013 that:
(i) During the perpetration of which the defendant knowingly causes, orthreatens to cause, death or bodily injury to another person or persons andspecifically includes rape of a child, aggravated rape and rape; or
(ii) Results, or was intended to result, in the defendant’s receiving income,
benefit, property, money or anything of value from the commission of anyaggravated burglary, or from the illegal sale, delivery, or manufacture of acontrolled substance, controlled substance analogue, or firearm; or
(B) The commission or attempted commission, facilitation oL solicitationof. or conspiracy to commit any of the following offenses on or after July1.2013:i) First degree murder. as defined in § 39 13—202:
(ii) Second degree murder, as defined in § 39—13—21 0;(iii) Voluntary manslaughter, as defined in § 39—13—211;(iv) Assauli, as defined in § 39-13—101;(v1 Aggravated assault, as defined in § 39—13—102:K1dnapping is &fined in 3——i’
(xii) \ggraxated kidnappmg is delinLd in 39—l3—u4(viii) Especially aggravated kidnapping, as defined in § 39--I 3—305:(ix) Robbery, as defined in § 39-13—401:(x) Aggravated robbery, as defined in § 39-1 3--402;\1; I spCLI lh aggra ud iobbcrs as deli wd in § 3-13 -403
(xii) Carjacking, as defined in § 39—13—404;(xiii) Rape, as defined in § 39—13—503;(xiv) Aggravated rape, as defined in § 39—13—502;(xv) Rape of a child, as defined in § 39—13—522;(xvi) Aggravated burglary, as defined in § 39—14—403;(xvii) Especially aggravated burglary, as defined in § 39—14—404;(xviii) Aggravated criminal trespass, as defined in § 39—14—406;(xix) Coercion of witness, as defined in § 39—16—507;(xx) Retaliation for past action, as defined in § 39—16—5 10;(xxi) Riot, as defined in § 39—17—302;(xxii) Aggravated riot, as defined in § 39—17—303;(xxiii) Inciting to riot, as defined in § 39—17—304;(xxiv) The illegal sale, delivery or manufacture of a controlled substanceor controlled substance analogue, as defined in § 39—17—417 and 39—17—454;(xxv) Possession of a controlled substance or controlled substanceanalogue with intent to sell, deliver, or manufacture, as defined in § 39—17—4l7(a)(4) and § 39 17—454;(xxvi) Unlawful carrying or possession of a weapon, as defined in § 39—17—1307;
Tenn. Code Ann. § 40-35-121 (2013).
3 1. The statute defines gang related conduct as:8
(i) Intimidating, harassing, threatening, stalking, provoking or assaultingany person;(ii) Possessing weapons prohibited under § 39-17-1302 and 39-17-1307,knowingly remaining in the presence of anyone who is in possession ofsuch weapons, or knowingly remaining in the presence of such weapons;(iii) Unlawfully damaging, defacing or marking any public or privateproperty of another or possessing tools for the purpose of unlawfullydamaging. defacing or marking any public or private property of another;(iv) Selling, possessing, manufacturing or using any controlled substance,drug paraphernalia, as defined in § 39-17-402, or controlled substanceanalogue, as defined in 39-i 7-454. knowingly remaining in the presenceof anyone selling, possessing, manuldcturing or using any controlledsubstance, controlled substance analogue or drug paraphernalia,knowingly remaining in the presence of any controlled substance,controlled substance analogue or drug paraphernalia, driving under theinfluence of any controlled substance or controlled substance analogue inviolation of 55-10-401, or being under the influence of any controlledsubstance or controlled substance analogue in public in violation of § 39-17-310:
V I I) icr rcc tic c cracon F-UI \lob re uuri: ergcs n ,‘inc
(v) Using, consuming, possessing or purchasing alcoholic beveragesunlawfully, including, but not limited to, public intoxication in violation of
§ 39-1 7-310 or driving under the influence of alcohol in violation of § 55-10-401;(vi) Criminal trespassing in violation of § 39-14-405;(vii) Taking any action to recruit gang members or making any threats orpromises to shoot, stab, strike, hit, assault, injure, disturb the peace ordestroy the personal property of anyone as an incentive to join a gang;(viii) Taking any action to stop a gang member from leaving a gang ormaking any threats or promises to shoot, stab, strike, hit, assault, injure,disturb the peace or destroy the personal property of anyone as anincentive not to leave a gang;(ix) Engaging in a criminal gang offense as defined by § 40-35-121(a);(x) Disorderly conduct in violation of § 39-17-305; or(xi) Contributing to or encouraging the delinquency or unruly behavior ofa minor in violation of 37-1-156;
Tenn. Code Ann. § 29-3-101 (2013).
B. Criminal Gangs can also constitute a common law public nuisance
32. A criminal gang may constitute a nuisance subject to abatement under
traditional common law nuisance jurisprudence.
33. Under traditional common law, a nuisance is ‘anything which annoys or
disturbs the free use of one’s property, or which renders its ordinary use or physical
occupation uncomfortable.” e.llv.Kno crete Products mc,, 54 Tenn. App.
393, 402 (Ct. App. 1964).
34. The Restatement of Torts defines a public nuisance as “an unreasonable
interference with a riuht common to the general public” Restatement (Second) of lorts
821B (1979).
35. When determining whether an unreasonable interference with a public right
exists, courts should consider:
(a) Whether the conduct involves a significant interIrence with the public health.the public safety, the public peace. the putlc corn tort or the public convenience.
(b) whether the conduct is proscribed by a statute, ordinance or administrativeregulation, or(c) whether the conduct is of a continuing nature or has produced a permanent orlong-lasting effect, and, as the actor knows or has reason to know, has asignificant effect upon the public right.
Restatement (Second) of Torts § 821B (1979).
36. A criminal gang, such as FAM Mob, engages in activities that significantly
interfere with the public rights of those who live and do business in their territory. In the
present case, FAM Mob maintains its presence in the Safety Zones with open displays of
narcotics dealing, intimidation, and other activity prohibited by statute.
VII. FAM Mob
37. FAM Mob is a violent, drug dealing, organized street gang which has taken
over the Safety Zones for the purpose of committing criminal acts. This section will
outline how FAM Mob is a criminal gang that has engaged in and continues to perpetuate
criminal activity in the Safety Zones.
A. FAM Mob is an organization or group with three or more members.9
38. Petitioners re-allege and incorporate herein each of the preceding paragraphs
as if stated verbatim.
39. As of November, 2014. FAM Mob has over forty members who. individually
nd CJlLLtr J e 1aie. i inn ml una ti i1 in Lhe S ikt\ Loaes
40. FAM Mob had eight founders, Six of those are still key leadership members.
They are A.ntonio Banks, Carlos Burnom, Cortez Hardin aka Cortez Burnom, Dariu.s
Flollowav. I eparis l-lollowav. and another unnamed individual One of the ibunders,
Quadaro l3urnom. is deceased.
I ()
41 in addition to the founders, nine others also are key leadership members.
They are: Jeremy Caraway, Darnell Freeman, Trarnain Namer, Devin Herndon, Jarvis
Lewis, James (J.B.) McCracken, Derrick Stewart. Farron Taylor, and Rommell Turner.
42. James (J.B.) McCracken is the leader of FAM Mob. His title is “Head
Gov/CEO.” He holds this role despite being incarcerated, including recently at the
Shelby County Corrections Center.
43. Detailed information about these fourteen leaders (in alphabetical order) and
their criminal gang activity follows:
a. Antonio Banks alkla HeadYear of Birth: 19863684 Gillie, Memphis, TN
Antonio Banks is one of the founders of FAM Mob. He has FAM Mob tattoos on his
arms. His criminal recent and/or significant history is:
• Pending indictments with charges of Aggravated Assault and Theft of Property
($500 or less) along with a charge of Failure to Appear in that felony case.
• Felony convictions for:(i) Aggravated Burglary and Vandalism ($1,000-$10,000) with a conviction
date of 7/9/2009 and an offense date of 11/10/08.(ii) Burglary — Motor Vehicle and Theft of Property ($500-si 000) with a
conviction date of 10/14/08 and an offense date of 12/03/07.(iii) Two counts of Aggravated Robbery with a conviction date of 11/22/04
and an offense date of approximately March, 2003.
• He has separate misdemeanor convictions for Criminal Impersonation, Possession
of a Controlled Substance — Marijuana, Possession of a Controlled Substance, and
Criminal Attempt — Possession of a Controlled Substance Marijuana, Evading
Arrest and Driving While License Suspended/Revoked/Canceled (five times).
b. Carlos Burnom ak a Mae LosYear of Birth: 19864391 Kettlebrook, Memphis, TN
Carlos Burnorn is one of the founders of FAM Mob and retains a key leadership role. He
has been convicted of Unlawful Possession of a Weapon (from an incident where two
handguns were found) and of Evading Arrest (following a foot chase of several blocks).
i-ic also w as arrested tbr Possession of a Controlled Substance — Marijuana inear the
\11. ‘-
c. Jeremy Caraway alkla PigYear of Birth: 19881643 Vicky Lane, Memphis, TN
Jeremy Caraway is a key leadership member of FAM Mob and holds the position of
Governor. He is seen in several photographs flashing the FAM Mob hand signals. in one
of those, he is flashing those hand signals and holding a semi-automatic pistol. His
criminal history consists of but is not limited to:• He was arrested for Disorderly Conduct, Criminal Trespass, and Evading Arrest
at the Ridgecrest on 3/30/i2.• He was arrested twice for Criminal Trespass at or in close proximity to the
Greenbriar on 9/25/12 and 9/3/13.
He was arrested while he was in the company of other FAM Mob members, including
Darius Caraway and Dennis Anderson. He is an admitted FAM Mob member and is seen
below flashing the ‘F” for FAM while encouraging and/or teaching a young child how to
do same.(child’s face whited out for privacy)
d. Darnell Freeman a/k/a Yung N-Nasty and Hell RellYear of Birth: 19901125 Frayser Blvd, #2, Memphis, TN
Darnell Freeman is a key leadership member of FAM Mob and holds the title ofGovernor/CEO. He is seen in several photographs flashing the FAM Mob hand signalsand holding multiple firearms, including a semi-automatic rifle with an extendedmagazine. He was arrested for Unlawful Possession of a Weapon (a .380 semi-automaticpistol) at N. Watkins and Oberle (between the Ridgecrest and the Greenbriar) which wasdismissed at the end of diversion. During his diversion on that weapons charge, he wasarrested again for Unlawful Possession of a Weapon (this time, a Smith & Wessonrevolver) at Corning and Winston (near the Greenbriar). He was also arrested forViolation of Probation.
e. Tramaine Hamer a/k/a T-HeadYear of Birth: 1992Various addresses, including 1964 Clifton Avenue, Memphis, TN
Tramaine Hamer is a key leadership member of FAM Mob and holds the position ofGovernor. He has an “FMG” tattoo on his right cheek and the FAM Mob “8 Ball”(described below) tattoo above the bridge of his eyes. His criminal history consists of butis not limited to:
• Criminal Trespass (which was reduced from Aggravated Criminal Trespass) at theRidgecrest.
• Multiple counts of Possession of a Controlled Substance — Marijuana (which werereduced from felonies, including near the Ridgecrest).
• Aggravated Criminal Trespass at the Ridgecrest.He has been found in pictures surrounded by other FAM Mob members who are flashingFAM Mob signals and who are displaying handguns (one with an extended magazine).
f. Cortez Harden, aka Cortez BurnomYear of Birth: 19848945 Brier Harbor Cove, Cordova, TN
His criminal history consists of but is not limited to:• Convicted of unlawful possession of a weapon on 8 ‘13/14• Convicted of unlawful possession of a weapon in a public place 8:05i 11
He has been arrested more than once in the compan of other knoxn FAM Mob memberNand can he seen in several pictures flashing both an “F and an
g. Devin HerndonYear ofBirth: 19883702 Crosswood, Memphis, TN
Devin 1-lerndon is a key leadership member of FAM Mob and holds the position of
Governor. He is seen in pictures in front of the Ridgecrest with other FAM Mob
members flashing the gang’s hand signals. His criminal history consists of but is not
limited to:• Domestic Assault — Bodily Harm case near the Greenbriar which is set for
preliminary hearing on January 5, 2015.• Pending case where the charges include three felony and one misdemeanor drug-
related offenses near the Ridgecrest which is set for preliminary hearing on
January 16,2015.
• Pending Driving While License Suspended/Revoked/Canceled and Window Tint
case set for Report on December 8, 2014.
• 1-Ic was convicted of Aggravated Criminal Trespass at the Ridgecrest (where he
was arrested with FAM Mob member Isaiah Arrington) on 7/24/2102
• Criminal Trespass at the Ridgecrest (where he was arrested with FAM Mob
members Tramaine Hamer and Quaddaro Burnom) on 3/23/12 from which Devon
Herndon plead guilty.
h. Darius HollowayYear of Birth: 19871458 Briercrest Lane, TN
Darius Holloway is a key leadership member of FAM Mob and holds the position of Big
Homie. He has been seen in photographs flashing the FAM Mob hand signals. His
criminal history consists of but is not limited to:• Under indictment for two counts of Burglary — MotorVehicle
• He was arrested for one count of Aggravated Robbery (for which he was indicted.
which indictment included a second count of Aggravated Burglary), but the case
was dismissed at the end of diversion.• He also was arrested at least twelve times for Driving While Suspended, Revoked,
or Canceled and related charges which resulted in four convictions.
He has been arrested in the company of FAM Mob members Cordarion Banks. ferrance
Holmes, Keenan Fields, and Tramaine Hamer,
i Lenaris Hollo\uav a!kia Smurf or Mac SmurfYear of Birth: 9871898 Lyceum. Memphis. TN
Leparis l-lolloway is a key leadership member of FAM Mob and holds the position of
Founding Member/I lead Gov. He demonstrated FANI hand sianals durins one ol his jailhok in I Ii i ‘mm i hmnr\ opsmts al hui no tmlputLd n
• He was convicted on 10/25/12 of felony Possession of a Controlled Substance —
Marijuana — with Intent to Manufacture/Deliver/Sell arising out of his actions onMay 31, 2012.
• He also was convicted eight times for Driving While License Suspended,Revoked or Canceled. He was arrested four other times for the same offense. Infact, in early 2013, he was arrested on average once a month.
j. Jarvis Lewis a/k/a J. Bo or JaboYear of Birth: 19874233 Wagon Wheel Cove, Memphis, TN
Jarvis Lewis is a ranking member of FAM Mob and holds the position of Head Governor.His criminal history consists of but is not limited to:
• He has pending indictments for Possession of a Controlled Substance with Intentto Manufacture/Deliver/Sell (two counts), Possession of Controlled Substance —
Marijuana, Domestic Assault — Bodily Harm, Evading Arrest, and Failure toAppear in a Felony case stemming from a 4/14/14 arrest.
• He has pending cases for Aggravated Assault, Domestic Assault — Bodily Harmand Violation of Bail Conditions stemming from an incident at the Ridgecrest on10/27/14.
• He was convicted of Aggravated Assault on 9/5/12 (stemming from an incidentwhile at the Shelby County Corrections Center in September 2011.
• He was convicted of Felony Possession of Marijuana on 11/8/10 with an offensedate of 2/6/10.
• He was convicted of Aggravated Burglary and Theft of Property on 6/14/12 withan offense date of 4/28/2011.
k. James (J.B.) McCrackenYear of Birth: 19874642 Hedges (but currently incarcerated at SCCC, and under Federal
Indictment)Memphis, TN
James McCracken is the head of FAM Mob and is currently incarcerated. lIe is anadmitted member of FAM and can be seen in photos throwing the gang sign of F.”His criminal history consists of hut is not limited to:
• Conviction for Felony Possession of Marijuana and possession oCt iirearm on2:28/13 for an incident within the proposed Ridgecrest Safety Zone occurring on11/17/11.
• Conviction for Criminal Trespass at the Ridgecrest with an ofRnse date of 6/2/12
His other misdemeanor COflViCtiOflS and arrests are too numerous to list.
1. Derrick StewartYear of Birth: 19894481 Aline Road, Memphis, TN
Derrick Stewart is a key leadership member of FAM Mob and holds the position of
Governor. His criminal history consists of but is not limited to:
• Pending indictment for Possession of Cocaine with intent and Trespassing,
stemming from an 11/11/13 arrest at the Ridgecrest Apartments.
• Conviction for Unlawful Possession of a Weapon at the Ridgecrest with an
offense date of 8/2/13. Criminal Trespassing was not charged but easily could
have been.
He has admitted his membership in FAM Mob, he has gang tattoos and he can be seen in
many photos throwing the letter “M.”
m. Farron TaylorYear of Birth: 19903419 Rangeline Road, Memphis, TN
Farron Taylor is a key leadership member of FAM Mob. His criminal history consists of
but is not limited to:• Convicted for Criminal Trespass at the Ridgecrest with an offense date of
6/20/13.• Arrested for Criminal Trespass at the Ridgecrest with an offense date of 7/29/12.
• Cited for Trespassing at the Ridgecrest on 4/24/11
• Conviction for Aggravated Assault for an incident occurring on 11/23/07.
1-Ic been arrested with other known gang members, frequents their area and has FAM
Mob related tattoo’s.
n. Rommell TurnerYear of Birth: 19912519 Clearpark. Memphis, TN
Rommell Turner is a key leadership member of FAM Mob and holds the position of
Governor. He is seen in numerous pictures flashing FAM Mob hand signals, including at
least two where he also is displaying a handgun while wearing clothing with “FMG” on
both sides. In one of these pictures. shown below, he is \vearinc a shirt w itl ‘Greenbriar
Iraq” on the front. F-Ic has an “8” ‘ith an eighisided spidtr web tattooed on his right
shoulder. His criminal history consists of hut is not limited to:
• 1-Ic was arrested on November 7, 2014 for Aggraated Criminal trespass at the
(Jreenbriar along with FAM Mob member James Neil.
• 1-Ic has pending charges of ‘[hell of Property $500-SI 00t) and tnlawfui
Possession of a weapon from an Octuber. 2014 arrest near the Rdaecrest.
i6
• In September of 2014, he was convicted of Criminal Trespass and a reducedcharge of Criminal Attempt — Possession of a Controlled Substance— Marijuanaarising out of another arrest at the Greenbriar.
include:
44. Other members who have engaged in a pattern of criminal gang activity
a. Dennis AndersonYear of Birth: 1992Address: incarcerated with TI)OC
Dennis Anderson is an admitted FAM member who has been arrested multiple limes withother FAM Mob members. His criminal history consists of but is not limited to:
• Convicted of Facilitation Murder 1st Degree on 11/17/2014 tiom an incidentoccurring on March 12, 2013
• He was arrested on 3/30/20 12 for Criminal Trespassing and Simple Possession ofMarijuana at the Ridgecrest.
b. Ladarrius I3eeton aka Tino ak a StaxYear of Birth: 1993251 8 \lonette, Memphis. TN
Ladarrius Becton is a documented, admitted and ranking LAM member who frequentsthe Ridgecrest. He joined the gang when he was about thirteen years old and li\ ing at theRidgecrest. He has been seen in pictures flashing FAM Mob hand signals, including onewhere he is holding a handgun. These pictures are from both the Ridgecrest and the
iar II min i co’ ol hut ‘ no IlnhliLd
• He was arrested on November 5, 2014 for Aggravated Burglary in the Ridgecrestalong with other FAM Mob member Cortez Cobbins.
• He was indicted on October 21, 2014 for Criminal Attempt — AggravatedRobbery arising out of an arrest on March 29, 2014 for an incident at 2644 N.Hollywood, near the Ridgecrest.
• He has convictions for Aggravated Criminal Trespass, at the Ridgecrest on6/20/13. (Where he was arrested with FAM Mob member Farron Taylor).
• Arrested for Criminal Trespass at the Ridgecrest on 3/27/12.
• Convicted of Felony Reckless Endangerment on for an incident stemming from2/28/2010.
c. Darius CarawayYear of Birth: 1992Address: incarcerated with TDOC
Darius Carraway has been arrested multiple times with other FAM Mob members andhas admitted to his involvement with FAM Mob. His criminal history consists of but isnot limited to:
• Convicted of Facilitation Murder 1st Degree on 11/17/2014 from an incidentoccurring on March 12, 2013
• He was arrested on 3/30/2012 for Criminal Trespassing at the Ridgecrest.
• Cited for Simple Possession at the Greenbriar on 5/14/20 12.
d. Michael HolmesYear of Birth: 1992Address: incarcerated with TDOC
Michael Holmes is an admitted FAM mob member and has been identified in open court
as a member of FAM Mob by other members. His criminal history consists of but is not
limited to:• He was convicted on 4/25/20 14 for Murder 1st I)egree. Criminal Attempt Murder
1St Degree, two counts of Aggravated Robbery and Felony Employment of aFirearm for an incident occurring on or about Jan 2012.
45 The Petitioners’ gang expert, Memphis Police Department Detective Byron
Willis of the \lulth:\eenc’ (jane [nit “v1GL”). will testify that hAM Mob started at
Trezevant High School in about the year 2000. it called the Ridgecrest its home., a home
only four blocks from Trezevant High School.
46. At meetinas at that complex. the thunders made rules and regulations for the
gang, including membe.rship, rank 5tructure, and control 1 t/ie also controlled
the criminal activities in which the members engaged — not only in the Safety Zones but
also throughout Memphis. Meetings of this nature still occur, including meetings in mid-
March each year at the Ridgecrest to conduct elections for leadership of the gang. Some
meetings occur at places other than the Safety Zones. For example, as recently as May,
2014, MGU detectives received information from a confidential informant of a FAM
Mob meeting in progress at the Ed Rice Community Center in Frayser. Uniformed
officers of the Memphis Police Department responded, and they found and documented a
meeting of over twenty-five persons, several of whom were FAM Mob members.
47. Although the Ridgecrest remains the headquarters for FAM Mob (where the
members have their meetings and “Block Parties”), this gang has spread to also include
the Greenbriar, approximately four miles away and a mere four blocks from Frayser High
School. The following pictures are from in front of the Ridgecrest and Greenbriar,
respectively, showing individuals displaying FAM Mob hand signals.
Ridgecrest
48. The violence at these complexes is so great that FAM Mob members refer to
the Ridgecrest and Greenbriar interchangeably as “Afghanistan” and “Iraq” (See the
previous picture of Rommell Turner. page 17. with tee shirt reading “Greenbriar Iraq”
and the immediate picture below of Dondre Johnson with Mi1itary Mob Ridgecrest
Afghanistan’ both in support of Petitioners allegations)
Greenbriar
Members of FAM Mob often serve as ‘lookouts” for law enforcement
approaching these complexes. Each complex has limited vehicle access, making the
presence of law enforcement easily detectable and easily relayed to gang members by
their lookouts. Each complex also has multiple escape routes through which gang
members run. making t difficult tur ia enfiu cement to catch \ lat rs uniess la\\
entorcemenl creates a perimeter
49 \s an example ni the et4ecls of the iolcnce th t )ccurs at these complexes
Pizza Hut xon’t delixer there een though the complexes are \ithin its delivery area,
meanino reident cannot C\ en d sornethine a simple a rdcrlnb a pizza for delis en
As an example of the other crime that occurs there, the United States Postal Service has
received complaints about stolen mail (including checks) and large gatherings of people
at the mailbox areas in each complex.
50. The Memphis Police Department installed Real Time Crime cameras at each
complex. These devices are easily identified by their flashing blue lights. Law
enforcement repeatedly has used these cameras to observe frequent instances of loitering,
gambling, trespassing, and individuals serving as lookouts, but each complex continues to
be used as a base of operations by FAM Mob.
51. One of the strongholds for FAM Mob is the 2 Star Grocery, located across the
street from the Greenbriar (and included in the Safety Zones). FAM Mob members often
stash guns and drugs there. This convenience store is the subject of numerous complaints
about drug sales and other serious criminal activity.
52. FAM Mob focuses on attributes with an “8.” For example, the gang had 8
founding members. Monthly dues are $8 and are payable on the 8th of the month, with
such dues allegedly being used to help those gang members or their families who face
financial difficulty (like needing to post a bond at the county jail). Two of the gang’s
symbols, described below, are an 8 Ball” and an 8-sided square. The pictures below
depict the “8 Ball” and 8-sided square:
The gang’s top level of leadership has 8 members. And the members have 8 “beliefs,”
namely: Love, Mac-in, Money, Famous, Wonderful, Powerful, Future, and Family.
These beliefs, though often pursued by law abiding citizens, are pursued by this gang
through criminal activity.
53. FAM Mob also has a hierarchy of leadership and rough division of labor. The
leadership includes, in descending order, one Head Governor, eight Governors/CEO,
Head Coordinators, Coordinators, Big Brothers. Little Brothers, and Foot Soldiers. FAM
Mob members often use slang terms for these positions. For example, a Little Brother
might be a “Little Homie.” Different members of FAM Mob oversee drug dealing and
other facets of a criminal street gang. From time to time. FAM Mob has “elections” for
new “leadership.” Sometimes FAM Mob’s leadership selects the next group of leaders;
other times. the entire membership casts “ otes.
54. JA\l Mob i uniPd b\ common . s. nhls, and hand sienals to identf’
members I hc main co1nr ut TAM \ib jr htL k a mhoIiu because 1 tIle gan.
slogan “Get rich as a youngster”). and xshite, the colors red. hite. and blue ere used
early in the gang’s existence but sere changed to the current color scheme. FAM Mob
mcmbL! d n t rcad I\ ii t ‘r in public
55. The FAM Mob symbol is an eight point star (which was derived from the
number 8 pool ball) and is often seen in tattoos of FAM Mob members, including on their
faces. The following pictures of FAM Mob members James McCracken (chest),
Tramaine Hamer (between eye brows) are in support of petitioner’s petition.
56. The hand signals of FAM Mob can take one of several forms. Members
typically will flash an “F” and an “M.” See photo below.
57. In the photos below, several individuals have gathered in front of the
Rdgecrest. located within one of the proposed the Saiitv Zones. Several individuals are
making the hand sign “F” and “lvi” to communicate allegiance to FAM Mob. These
pictures were taken in full view of the public.
I-land sign for letter “M”
58. The members wear these colors, display these symbols, and flash these hand
signals as a means of demonstrating power, marking territory, and intimidating non-gang
members. To this end, FAM Mob also adopted mottos of “FAM Mob or get robbed,”
“SOS,” meaning “shoot on sight if we’re feuding and I see you,” and FAM Mob or
None.” This picture shows the first motto depicted through graffiti:
I ‘1
a
59. FAM Mob also has an initiation process, by which a recruit is “beat in.” This
process is a timed event of varying duration and number of participating gang members
“beating in” the recruit which generally has some relation to the number “8.”
60. FAM Mob has a disciplinary process for when a member is “violated” for not
complying with the rules. A failure to comply with the rules occurs when a member
doesn’t pay his dues, doesn’t commit crimes, doesn’t shoot someone as directed, etc. The
punishment is issued by the “Head Gov” and could result in a member being put in a ring
for a beating.
61. In 2013, FAM Mob took over Denver Park, a city park in Frayser, in order to
make a name for itself. The gang threatened the children that frequented that park and
their parents. Ultimately, law enforcement was able to retake the park following a raid.
The raid resulted in law enforcement obtaining extensive information about FAM Mob
and how its activities had spread throughout north Memphis and beyond.
62. Among other notable crimes for which FAM Mob’s members are currently
charged are the murder of Nurse David Santucci on South Main Street in downtown
Memphis on 8/12/13, FAM Mob member Dondre Johnson (see picture onpage 21
herein) is charged for this Murder.
B. FAM Mob regularly undertakes as one of its activities the commission of criminalacts.’0
63. Petitioners reaiiege and incorporate herein each of the recedine paragranhs
as if stated verbatim.
64. FAM Mob, through its members, commits a wide variety of criminal
activities. These activities are frequently committed by FAM Mob members acting in
groups.
65. Since 2010, FAM Mob members have been convicted of the following crimes
on at least one occasion:
a) First Degree Murder
b) Voluntary Manslaughter
c) Aggravated Robbery
d) Assault & Aggravated Assault
e) Possession of a Firearm during Commission of a Felony
1) Unlawful Possession of a Weapon
g) Domestic Assault
h) Unlawful Possession of a Controlled Substance w/Intent to Sell
(Cocaine)
i) Criminal Trespass
j) Unlawful Possession of a Controlled Substance
66. Currently, members of FAM Mob are facing criminal charges for:
a) First l)egree Murder
h) Aggravated Robbery
Buraiarx
i .\gravated Kidnapping
e) Unlawful Possession of Controlled Substance with Intent to
Manufacture, Deliver or Sell
29
f) Domestic Assault—Bodily Harm
g) Criminal Trespass
67. FAM Mob members also sell and/or possess with intent to sell illegal drugs,
such as cocaine and marijuana, in plain view of the public. This illegal activity is
undertaken in close proximity to the houses of people otherwise uninvolved in this
activity. Officers have witnessed the drug sales impede the neighbors’ movement within
the proposed Safety Zones and limit use and enjoyment of their private property.
68. Residents and other citizens in the area have voiced their safety concerns to
MGU officers. Many of these individuals feel unsafe in the neighborhoods and try to
remain inside. Members of the public reported frequently seeing shootings, fighting,
drug sales, and gambling with young men chanting “FAM” while engaged in these
activities. Members of the public are frustrated because calling the police has done little
to curb the activity—explaining that the individuals involved in criminal activity scatter
when police arrive in the neighborhood then resume their activities once police leave.
C. Two or more members of FAM Mob have engaged in a patter,: of criminal gang
actii’ity.”
69. Petitioners re-allege and incorporate herein each of the preceding paragraphs
as if stated verbatim.
70, FA.M Mob has two or more members who have engaged in a pattern of
criminal eane acti\ i\.
71 , A pattern of criminal gang activity requires. as one ol several possible
definitions, prior convictions fbr the commission or attempted commission of facilitation
aLL L 4 2 ti)l U L I a
that a .s.roup is a “criminal yang”).
I I I
of, solicitation of, or conspiracy to commit two or more criminal gang offenses that are
classified as felonies.’2
72. The members of FAM Mob have been convicted of the requisite number of
crimes necessary to constitute criminal gang offenses, all of which were offenses
committed on separate occasions and within a period of five years, as required by
statute.3 These offenses were committed between 3/12/2012 and 3/12/2007.
D. FAM Mob creates a per se nuisance subject to permanent injunction because it
regularly engages in gang related conduct as enumerated in T. CA. § 29-3’-101(a) (2) (B).14
73. Petitioners re-allege and incorporate herein each of the preceding paragraphs
as if stated verbatim.
74. This Court has the power to enjoin a criminal gang that takes part in gang
related conduct such as intimidation, disorderly conduct, and other prohibited acts
enumerated in T.C.A. § 29-3-101(a)(2)(B).
75. Members of FAM Mob have violently retaliated against witnesses who hold
potentially incriminating evidence against other FAM Mob members.
76. As stated previously, members of FAM Mob frequently possess weapons,
such as handguns and assault rifles, without the required permits.
77. Members of FAM Mob, acting individually and collectively, take part in the
sale at’ illecal drugs.
7$, PAM Mob actively recruits juveniles : oung as twelve. The recruitment
process utilizes social media and the internet in an effort to reach minors. The gang often
entices others with the promise of inclusion in a rap video.
Hi i dehning etCH a LrP H H H
S TCA. ) 40.35u,2i(4)(A):iv & v).T. C.A. 293 10 J (a)(2) (explaining requirements for a per se nuisance).
79. All gang related activity stated in this section and throughout this Petition is
ongoing at the date of the filing of this Petition.
VIII. SAFETY ZONES80. FAM Mob operates primarily in the areas described in this Petition as the
Safety Zones. These Safety Zones are focused on the Ridgecrest, the Greenbriar, and
certain surrounding areas.
81. For the Ridgecrest, its Safety Zone includes:
(a) the Ridgecrest Apartments complex which is owned by Rynard Properties,
Ridgecrest, L.P. (see Special Warranty Deed recorded at Instrument Number 08071400
and Quit Claim Deed recorded at Instrument Number 08071401, each in the Register’s
Office of Shelby County, Tennessee (the “Register’s Office”)) located west of Range
Line Road between James Road and Whitney Avenue;
(b) Range Line Road from James Road on the south to Whitney Avenue on the
north:
(c) N. Trezevant Road from the Ridgecrest Apartments north to Capewood Drive,
including sidewalks;
(d) the United Cornmunit Outreach Church property which is owned 1w United
Missionary Baptist Church (see Quit Claim Deed recorded at Instrument Number
05054374 in the Retister’s Of1ce) located at the northwest corner of the intersection of
Range Line Road and Bethlehem Road and which adjoins the Ridgecrest Apartments;
and
(e) Bethlehem Road from Range Line Road west past the entrance of the
Ridgecrest Apartments and, after the road ends, through the areas which include a
cemetery, which properties are owned by (i) Wolf River Colony Masonic Lodge No. UD
(see Warranty Deed recorded at Book 0405, page 043 in the Register’s Office) and (ii)
Historical Mount Pleasant Missionary Baptist Church (see Quit Claim Deed recorded at
Instrument Number 11114351 in the Register’s Office).
83. This area is outlined in red on the map on the following page.
34
A close up of the crimes and other bad acts committed by FAM Mob members, as seen
on the following page, so as to be a nuisance alleged to have occurred in the previous
five years in the Ridgecrest is below. A legend to explain each numbered incident is
attached to this Petition along with a full page picture.
—. C)
84. For the Greenbriar, its Safety Zone includes:
(a) the Greenbriar Apartments which is owned by The Health, Educational, and
Housing Facility Board of the City of Memphis, Tennessee and leased to Alco Greenbriar
Partners, LP (See Warranty Deed recorded at Instrument Number 06196543, Quitclaim
Deed recorded at Instrument Number 06196544, and Memorandum of Lease recorded at
Instrument Number 06196545 in the Register’s Office) located north of Deliwood
Avenue;
(b) Dellwood Avenue from Baskin Street on the east past Whitney Avenue on the
west and further continuing west on Whitney to the western portion of the bridge crossing
the Canadian National railroad tracks, including sidewalks;
(c) the triangular parcel on the east side of the intersection of Deliwood Avenue
and Whitney Avenue (across the street from the Greenbriar Apartments), which parcel
includes the 2-Star convenience store and is owned by Quang Kim Huynh (see Quit
Claim Deed recorded at Instrument Number 12066197 in the Register’s Office); and
(d) the parcel north of Deliwood Avenue and west of the Greenbriar Apartments
to the Canadian National railroad tracks which is owned by Rose M. Chambers, et al.
(See Warranty Deed recorded at instrument Number Yl 3057 in the Registers Office).
85. This area is outlined in red on this map (with a full page picture attached
hereto as well):
A close up of the crimes and other bad acts committed by FAM Mob members, as seen
on the following page, so as to be a nuisance alleged to have occurred in the previous
five years in the Greenbriar is below. A legend to explain each numbered incident is
attached to this Petition along with a full page picture.
40
41
86. FAM Mob’s presence in the Safety Zones undermines the community’s free
exercise of rights and presents immediate danger to the community.
87. FAM Mob has undertaken widespread criminal activity in the Safety Zones
which has undermined the safety and free exercise of rights of law-abiding residents.
88. FAM Mob members congregate on the streets and sidewalks in the Safety
Zones. The sidewalks and roads are used to sell drugs, consume alcohol and drugs, and
harass pedestrians. In the Greenbriar, they often congregate in the breezeways that face
Deliwood Avenue, just across the road from the 2-Star convenience store and, from these
breezeways, gamble and sell drugs despite not living there and not having permission by
a tenant to visit. They engage in this activity despite both apartment complexes
participating in the District Attorney General’s Anti-Trespass/Safeway program under
which certain complexes with significant occurrences of criminal trespassing charges
prohibit anyone from being there that isn’t a resident or visiting a resident. Management
at each of these complexes have encountered tremendous problems with non-residents
loitering and engaging in criminal activity. Additionally, FAM Mob members often
‘beef’ with rival gangs, which leads to fights and shootings. FAM Mobs presence and
control over the Ridgecrest and the Greenbriar draws these rival gangs to the area to
execute their premeditated and coordinated attacks on FAM Members. putting innocent
residents in danger. In fact, “Shots tired” calls at the Greenbriar have frequently occurred
recently. This behavior limits the freedom of access to public thorouahfares for residents
of the Safety Zones,
89. As a result of FAM Mob’s concerted efforts to maintain a presence and
control over the Safety Zones, other residents stay in their homes, do not go out at night,
and do not feel safe.
IX. ONGOING CRIMINAL GANG ACTIVITY AND CONDUCT
90. Since the inception of this investigation, FAM Mob’s disregard for laws and
lack of respect for community members has continued. Petitioners have been unable to
abate the nuisance through traditional law enforcement means. As recently as the week
prior to the filing of this injunction, MGU officers have seen FAM Mob members engage
in the nuisance behavior detailed in this Petition. Further, residents of the Greenbriar
reported that large groups of young men frequently gather there to drink alcohol, smoke
marijuana, and gamble and do so while often shouting “FAM.”
91. Members of the general public who live within the Safety Zones do not have
the freedom to enjoy their homes or public facilities. In the weeks preceding the filing of
this Petition, MGU officers have spoken with individuals afraid to leave their homes at
night
92. Without equitable relief from this Court, FAM Mob will continue to commit
acts of violence. and drug sales, and the communities inside the Safety Zones will
continue to suffer. The ownership and management of each of the Ridgecresi and the
Greenhriar fully support the relief sought in this Petition.
X. RELIEF SOUGHT
Pursuant to Tennessee Code Annotated i 293 I UI er Peiritioners pra\ thai. this
Court allow the tiling of this Petition and service of process to seek a permanent
injunction against FAM Mob, Furthermore, Petitioners pray that, upon the hearing of this
4,
matter, this Court declare FAM Mob a public nuisance under Tennessee Code Annotated
§ 29-3-101 et seq and the common law, permanently enjoining its members from the
activities stated below:
A. Activities enjoined in Safety Zone
1. Do Not Associate: Standing, sitting, walking, driving, gathering, or
appearing anywhere in public view or anyplace accessible to the public,
with any known member of the FAM Mob, but not including:
(a) when all individuals are inside a school attending class or on school
business, and
(b) when all individuals are inside a place of worship; provided however
that this prohibition against associating shall apply to all claims of travel
to or from any of those locations;
2. No Intimidation: Confronting, intimidating, annoying, harassing,
threatening, challenging, provoking, assaulting, or battering any person
known to be a witness to any activity of the FAM Mob, known to be a
victim of any activity of the FAM Mob, or known to be a person who has
complained about any activity of the FAM Mob;
3. No Guns or t)angerous Weapons: Anywhere in public view or any
place accessible to the pubtic. (1) possessing any gun, ammunition, or
othcr ise prohibited weapon as debned in T. CA. 39 I 1302. 2)
knowingly remaining in the presence of anyone who is in possession of
such gun, ammunition. or otherwsc prohibited weapon. or (3) knowingly
44
remaining in the presence of such gun, ammunition, or otherwise
prohibited weapon;
4. No Graffiti or Graffiti Tools: Damaging, defacing, or marking a
public property or private property of another, or possessing any spray
paint can, felt tip marker, or other graffiti tool;
5. Stay Away From Drugs: Without a prescription. (1) selling,
possessing, or using any controlled substance or related paraphernalia,
including, but not limited to, rolling papers, pipes, syringes, and
hypodermic needles used for illegal drug use, (2) knowingly remaining in
the presence of anyone selling, possessing, or using any controlled
substance or such related paraphernalia, or (3) knowingly remaining in the
presence of any controlled substance or such related paraphernalia;
6. Do Not Act as a Lookout: Acting as a lookout, whistling, yelling,
making hand signals, using cell phones, or otherwise signaling another
person to warn of the approach or presence ota law enforcement officer;
7. Stay Away From Alcohol: Anywhere in public view or any place
accessible to the public, (I) possessing an open container of an alcoholic
beverage. (2) knowingly remaining in the presence of anyone possessing
an open container of an alcoholic beverage, or (3) knowingly remaining in
the resence of an open container of an alcoholic beverage;
8. No Trespassing: Being present on cr in any properly not upen to the
general public, except (1) with the prior written consent of the owner.
owner s agent, or the person in ia\\ lul possession of the property or (2 in
the presence of and with the voluntary consent of the owner, owner’s
agent, or the person in lawful possession of the property.
9. No Forcible Recruiting: Making any threats, or doing anything
threatening, including striking or battering a person, destroying or
damaging personal property, or disturbing the peace, to cause or
encourage a person to join FAM Mob;
10. No Preventing a Member From Leaving the Gang: Making threats,
or doing anything threatening, including striking or battering a person,
destroying or damaging personal property, or disturbing the peace, (1) to
prevent a person from leaving FAM Mob, or (2) because a person is
known to have left FAM Mob;
11. Obey All Laws: Failing to obey all laws that prohibit (1) violence and
threatened violence, including murder, rape, robbery by force or fear, and
assault and battery, (2) interference with the property rights of others,
including trespass, theft, driving or taking a vehicle without the owner’s
consent, and vandalism, or (3) the commission of acts that create a
nuisance, including the illegal sale of controlled substances and blocking
the sidewalk.
B Opt Out Provision
Any person served an Order of this Court as a FAM Mob member mar move to
be dismissed from this action. in the event that a person is dismissed pursuant to this Opt
Out provision. anr injunction shall not he enforceable against him or her. The terms of
Petitioners’ proposed opuout provision are as follows:
46
a. Requirements: Petitioners agree not to object to an individual’s motion to
be dismissed from this action, so long as the dismissal is to be without
prejudice and with each side to bear its own costs and fees, and so long as the
motion satisfies the following requirements:
1) Proper Notice: A motion under this provision shall be made on 30-
days’ notice, properly served upon the District Attorney General of
Shelby County, Tennessee and upon the City Attorney for the City of
Memphis;
2) Not (or No Longer) a FAM Mob: An individual seeking to opt-out of
the Court’s injunction must declare in writing that he or she is either a
reformed or former FAM Mob member, he or she is not active with
FAM Mob, and has renounced FAM Mob and gang life. This
declaration regarding FAM Mob and gang life is an essential part of
this provision; and
3) Proof Required: An individual included in the injunction by the
Court as a FAM Mob member who is seeking to be dismissed from
this action must truthfully declare that he or she (I) has not been
arrested for the past two years, not including any time spent
incarcerated; (2) has not been in the company or association of any
person known as a EAM Mob member, other than an immediate
family member. dir the last two years: and 3 has not obtained any
new FAM Mob gang-related tattoos lhr the last two years.
b. No Third-Party Beneficiaries: It shall not be a defense to any civil or
criminal charge of any nature whatsoever that any person involved in the
facts underlying that charge, including the person to be charged, was eligible
to apply for a dismissal under this opt-out provision.
c. Effect in Other Proceedings: Petitioners shall not be bound by the
criteria of this opt-out provision in any action, civil or criminal, other than a
motion to opt-out brought in this action.
d. Judgment not Admissible: This gang injunction shall not be admissible
in any criminal or other civil action related to a successfully “opted-out”
individual, and cannot be used against any such individual, except in a
proceeding brought for the violation of this injunction.
e. Dismissed Individual Committing New Violation: Successfully
obtaining a dismissal under this provision (an “opt-out”) will not permit any
individual to re-join FAM Mob. If a dismissed individual re-associates with
FAM Mob, who is the named Respondent, is arrested for any crime that is a
gang-related crime, obtains new gang tattoos, or otherwise conducts himself
as a member of FAM Mob, such person may be added as an active FAM Mob
member, subject again to the gang injunction.
CONCLUSION
Petitioners pray that this Comi declare FAM Mob a nuisance and permanently
enjoin FAM Mob and its members from the above acts in the Safety Zones. Petitioners
further pra\ that this Court hold an member of FAM Mob in violation of the Court’s
rer ha i an Oan ad i h the L ourt s Order rior to the offrne. in Canien
48
Court punishable pursuant to the provisions of Tenn. Code Ann. § 29-3-11 1 for each
violation. Petitioners pray for such other and further relief to which they may be entitled.
Respectfully Submitted,
Amy WeirichDistrict Attorney General
Amy Weirich (BPR 14441)District Attorney General201 Poplar Avenue, Third FloorMemphis, TN 38103(901) 222-1300
Cohn Campbell (BPR 19672)Assistant District Attorney
1 57 Poplar AvenueMemphis, TN 38103(901) 222-1300
Herman MorrisCity Attorney
l1rman lorns (BPR 00545$,C H\ Attome\C of \lcmphIS125 North Main StreetMemphis. TN 38103(901) 636-6557
Verification
STATE OF TENNESSEE
COUNTY OF SHELBY
I, Byron Willis, have direct and personal knowledge of the following:
1. I am over the age of 18 and am competent to testify to the matters set forth
in this affidavit.
2. 1 have been a sworn Police Officer since July of 2007. In July of 2007, I
began working with the Memphis Police Department (“MPD”). I worked within the
Patrol Division where I worked primarily throughout the Memphis city limits, an area
that has a large number of active gang members. I also have worked within the
Organized Crime Unit where I was assigned as a narcotics Detective. As a narcotics
Detective, most of my investigations were conducted within the city of Memphis in high
crime areas controlled by criminal street gangs. In August of 2011, I was named as a
Detective with the Multi-Agency Gang Unit (“MGU”), and I was assigned as a Gang
Investigator. I)uring this time, I have become very knowledgeable of the many different
criminal street gangs operating within Memphis and Shelby County. their members, and
their activities. For the past several months, other Detectives of MGU and I have been
working in the FravserNorth Memphis area lecated primarily in the area of James Road
to the south. Fravser Boulevard to the north. Danny Thomas Boulevard [Hxvv 51 1 on the
west. and Rance Line Road to the east. I have come to know man active members of
the FAM Mob gang (“FAM Mob”) and their activities.
3. 1 have worked on numerous. complex, and long-term investigations as a
Detective in the narcotics ann. Mcmv of these had stronc cane ties. in addition. I have
50
served as the lead investigator on multi-jurisdictional investigations. While assigned to
MGU, I also have served as the lead investigator on two criminal conspiracy cases which
had multiple targets with gang affiliations. I have assisted the United States Bureau of
Alcohol, Tobacco, and Firearms with several criminal conspiracy cases involving
documented gang members. I also assisted other MGU Detectives on previous civil gang
injunctions involving the Rollin’ 90s Riverside Crips and the Dixie Homes Murda
Gang!47 Neighborhood Crips.
4. Since January of 2013, I have been working in the Frayser area
documenting and studying the activity of the FAM Mob. Over the course of this
investigation, I have interviewed many active members of the FAM Mob along with
other residents of the Safety Zones. I have travelled to the
FAM Mob proposed Safety Zones numerous times and spent countless hours in and
around the Safety Zones observing the activities of FAM Mob. I am familiar with where
they congregate, where they commit their crimes, and their membership. Additionally, as
part of this investigation, I have spent significant time observing FAM Mob through their
use of the internet and social media.
5. As a part of my responsibilities at MGU. I have access to the records and
reports of the MPI) and the Sheib County Sheriffs Office (‘SCSO”). MGLI is
composed primarily of MPD and SC SO detectives working together on teams composed
of members of both agencie.s aloi.g with support from Federa 1 Agencies. I have person.aI
kno\\ ledge of and ha’e IC\ IC\\ ed all records. reports. and inestigati’ files collectively.
the Records) refrrenced in this Petition which were used to support it. All persons
compiling and recording the information contained in these Records referenced within
and supporting the Petition had a business duty to do so truthfully and accurately. The
Records were made and kept in the regular course of MPD and SCSO operations/criminal
investigations and were made at or near the time of the events described therein. I have
knowledge of the methods used by MPD and SCSO, especially as they relate to my work
as a Detective at MGU, to prepare and maintain the Records.
6. I reviewed true and accurate copies of the Records reflecting the
allegations in this Petition. This Petition accurately reflects the information contained
within the Records.
7. The allegations in this Petition are true and accurate to the best of my
knowledge, information and belief, based upon my review of the Records, my case notes,
my personal knowledge of many of the events and investigations, and my experience
with criminal gangs and, specifically, FAM Mob.
8. All photographs and reports mentioned or included in the Petition are true
and accurate copies of law enforcement records possessed by the MPD and SC SO.
Byron Willis,Detective, Memphis Police DepartmentMulti-Agency Gang Unit