CASE OF INTEREST

September 17, 2001

Case: People v. Michael Kons

Contact: Mike Wise, Deputy District Attorney,
(916) 874-8840

Jan Scully announced today that Michael Kons, AKA “Madball” was convicted of attempted murder, assault with a firearm and resisting a K-9 officer by force or violence. The case was tried without the victim and the jury heard the victim’s statements to the police officer, which the jury was told that it could consider for the truth pursuant to Evidence Code Section 1370.

On February 18, 2001 Mark Johnson rode his bicycle through G-parkway. A member of the 29th Street Crips he knew as “Madball” stopped him. After a brief conversation, “Madball” asked where Mr. Johnson was from. When Mr. Johnson indicated that he didn’t gang bang, Mr. Kons shot him 3-4 times in the arm and shoulder area at point blank range.

Two months later Kons was detained at a traffic stop. When the deputy recognized him as a suspect in the shooting, Kons fled. He was later located in a trashcan. K-9 officer “Zeus” was ordered to take “hold” of the defendant who thrashed about. Thereafter, a deputy was forced to straddle Mr. Kons’ back and pull his arm out from underneath him before he could handcuff the defendant.

This is the first time a gang related felony has been prosecuted without a victim pursuant to Evidence Code Section 1370. Sentencing is set for October 12, 2001 before the Honorable J. Sapunor. Kons’ exposure is 34-Life pursuant to PC 12022.53(d).

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