Hypo 187 Jakub

People vs. William Jakub
Hayward, California, is a town of approximately 140,000 people. This small (but
growing) city has experienced growing pains in the last five years because of the
opening of the Sunicorp computer chip manufacturing facility. The huge plant was
relocated to Hayward from Los Angeles because of less stringent environmental
regulations and various tax and financing incentives provided by the city of Hayward.
The new plant brought with it a great number of people from out of town, including
many from L.A. who had worked at the company's L.A. facility. As a result, the city of
Hayward has had to deal with the problems associated with an influx of people including
school overcrowding, housing shortages and an sharp increase in crime. The town is
roughly 45% Anglo, 35% Hispanic, 10% African American and 10% of other ethnicity.
Since the plant opened, Hayward has experienced increases in school dropout rates,
graffiti, drug arrests and weapons confiscation. Police and school officials associate this
with gang activity, and it is clear that at least some individuals who were associated with
gangs in L.A., including the Nortenos Gang, moved to Hayward along with the plant. In
the fall of 2006, the Hayward Police Department hired Detective Leslie Thomas of the
Los Angeles Police Department to supervise the creation of a specially designated gang
unit in Hayward to cope with the myriad problems.
The “North Side Hayward” (NSH) is one of several largely teenaged gangs that have
appeared in Hayward in the last five years – redominately in the Ashland and Cherryland
areas of Hayward. In Los Angeles, the gang is predominantly Latino and male and
supported by trafficking in club drugs like Ecstasy and Special K, as well as in crack
cocaine. It has a reputation for violence and its members, often recognized by their red
jackets and caps, are known to be well‐armed. In Hayward, various segments of the NSH
Gang have attracted Anglos, Blacks and some Native Americans and other ethnic
minorities, both male and female. The center of the gang's activities has been in a
poorer area of Hayward where Brenkwitz Continuation High School is located. Brenkwitz
has a student body of 1200 and is the city's largest high school. On the school grounds
are two classroom buildings and a sports stadium, and the closest building to the
grounds is an abandoned warehouse approximately 1/8 of a mile away.
In December 2011, one student who had moved to Hayward from L.A. carried a loaded
.45 caliber weapon onto the school grounds at Brenkwitz High School and another was
arrested at school for possession of drugs. Parents and teachers were outraged that this
was continuing to happen in their community, and they demanded action. After an
emergency P.T.A. meeting and upon the advice of Detective Leslie Thomas, Principal
Lissa Taylor installed metal detectors at the entrances of the school and hired a full‐time

security guard, Defendant William Jakub, formerly of the Hayward Police Department.
Jakub, who worked from 8:30 AM to 3:30 PM, was charged with watching the students
for any possible weapons possession, drug dealing or use and any other possible gang
activity. He was paid by the school.
Jakub will testify that when he began work at Brenkwitz after winter break (2011‐2012),
suspicion of drug and gang activity at the school had centered on several students,
among them Joey Chavez and Alex Day. Chavez is a native of Hayward and lives with his
parents; Day moved to Hayward with his mother in August 2011. By all appearances,
neither family is well‐to‐do. Chavez had been sentenced to a juvenile detention facility
in the fall of 2011 for aggravated assault and illegal possession of a firearm and
consequently was not at Brenkwitz in January 2012. Day's only prior record was a
shoplifting conviction arising from an incident in December 2011.
Jakub will also testify that during the first half of 2012 his own observations and
information provided by Principal Lissa Taylor, Detective Thomas and certain informants
led him to believe that Chavez and Day were in fact members of the North Side Hayward
Gang; that Day was a major source of club drugs like Ecstasy and Special K at Brenkwitz;
that Day carried weapons and was extremely dangerous; but that despite Jakub's careful
surveillance and diligent efforts, he could not catch Day committing any illegal acts from
January 2012 until the school year ended. Day was aware of Jakub's surveillance and on
several occasions needled and teased him about it.
Chavez returned to Hayward in June 2012 on probation from juvenile detention and was
arrested shortly thereafter for driving under the influence of alcohol. The charge is
pending. Day had been in L.A. between late May when school was out and the end of
July. Jakub will testify that Day’s return driving a new Camaro and, according to certain
sources, "throwing a lot of money around," confirmed his already strong conviction that
Day was involved in illegal activities and strengthened his resolve to "nail" Day. Chavez
and Day began classes at Brenkwitz High School on August 15, 2011. Both will testify
that although they were acquainted and had socialized with North Side Hayward Gang
members in the past, they had each decided to terminate those relationships and that
neither had been nor was a member of any gang or involved in any illegal activity during
the evening of August 23, 2012.
On that evening (8/23/12), Jakub arrived at the Brenkwitz High School stadium at 6:30
PM to serve as the security guard for the first football game of the season. He was
stationed initially at the parking lot gates to collect a dollar for parking from each
automobile and to make sure that students did not bring in alcohol, weapons or drugs.
At about 7:00 PM Day's Camaro pulled into the parking lot with Day driving and Chavez

in the passenger's seat. There was a brief encounter in which Day again needled Jakub.
Jakub will testify that during the encounter he smelled the strong odor of marijuana
emanating from the Camaro.
The football game began at 7:30 PM. During the game, Day and Chavez were joined by a
third teenager, Bobby Davis, who was not a Brenkwitz student. Jakub will testify that he
observed suspicious behavior on the part of the three and had another brief run‐in with
Day during which it appeared that the three were under the influence of alcohol or
drugs. By approximately 10:45 PM the game had ended and the spectators had
departed. The stadium lights were still on. Jakub and Principal Taylor were making the
rounds of the stadium prior to closing it when they heard a screeching of wheels and
saw a car pulling in under the home side grandstand. Both knew the only way that a car
could get into that area was if the lock on the nearby gate was cut.
As Principal Taylor left to call the police, Jakub approached the car. He will testify that
he observed the car, which appeared to be Day's Camaro, facing north with its parking
lights on and that three individuals, at least one of whom had just exited the car, were
standing very close together talking about prices and exchanging an object which he
suspected to be drugs or a weapon. Jakub will also testify that when he was
approximately 60 feet from the car, he ordered the three individuals whom he had by
then identified as Chavez, Davis and Day, to put their hands up; instead of complying, he
will testify, one of them pointed a handgun at him whereupon he drew his weapon and
fired in the direction of the handgun, wounding Day in the right thigh. Chavez and Day
will deny that they or Davis had a handgun or anything else in their hands and that
Jakub ever told them to raise their hands. They will testify that Jakub was much closer to
them than 60 feet and shot Day without warning when the three laughed at him.
When Sergeant Andy Medina of the Hayward Police Department arrived at the scene
shortly after being dispatched in response to Principal Taylor' call, s/he found Day,
Chavez and Taylor next to the Camaro and immediately radioed for an ambulance to
transport Day to St. Rose Hospital. Soon thereafter, Principal Taylor returned after
unsuccessfully giving chase to Davis who fled when the shooting occurred. Davis has not
been seen or heard from since.
Sergeant Medina made no arrests that evening but gathered as evidence the cut lock,
three empty beer bottles, one of which bore Day's fingerprints and two spray paint cans
which Sergeant Medina will testify matched the colors of freshly painted graffiti on a
wall under the grandstand approximately ten feet from the Camaro. Detective Thomas
will testify that the graffiti bore the tag of the North Side Hayward Gang. No alcohol,
weapons or other contraband were found at the scene or during a subsequent search of

the Camaro. The following day at Catholic Hospital, Sergeant Medina with Day's consent
examined the clothing that Day had worn the previous evening and seized for evidence
a red 49ers jacket and a switchblade. Sergeant Medina also obtained a hospital report
that reflected a blood alcohol level for Day of 0.06 percent upon admission; from such a
level it may be inferred that Day had been drinking at some time on the afternoon or
evening of August 23, but it is impossible to pinpoint the time or the amount more
precisely.
On September 8, 2012, Jakub was indicted by a grand jury for attempted first degree
murder, aggravated battery and negligent use of a firearm following testimony from
Day, Chavez and Sergeant Medina, including testimony from the latter two that Jakub
had made statements to them which they understood to be threats against Day's life.
Jakub was arraigned on September 15, 2012, and released on a $50,000 bond.
Jakub has pled self‐defense, and the case is now set for a jury trial. Alex Day, Joey
Chavez and Sergeant Andy Medina will testify for the prosecution; William Jakub,
Principal Lissa Taylor and Detective Leslie Thomas will testify for the defense. The jury
will decide Jakub's guilt or innocence.