Arrest for PC460 Felony Burglary of an Occupied Dwelling

Arrest for PC460 Felony Burglary of an Occupied Dwelling

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Petition to
San Francisco District Attorney's Office and

Why this petition matters

Starting November 3rd 2021 and culminating in a terroristic attack January 28-29, broke into my apartment, changed the locks, and stole all of my very expensive personal property that and his associates had been coveting. 

was my friend and business partner for over a decade until I came out as transgender.

I have never been evicted, in-fact tried to evict me and failed, the case has been dismissed.  

 lied to SFSO and told them had an order.  lied to SFPD and told them had an order.  They believed him, and here we are.   While I'm sorting it out in Civil court, the San Francisco District Attorney's Inspector service (DAT) has initiated a Felony investigation against him.

In retaliation, after learning of the investigation, broke in again and threw my mattress into the street on trash day, where it was promptly picked up by Recology hours later.


Below is an excerpt from a criminal investigation/indictment detailing the various charges.

I, Lady Benjamin Cannon, ASCE, being a duly inducted Investigator of 6x7 Global Security, hereby state as follows:
1.     I am an Investigator with 6x7 Global Security, a division of 6x7 Networks, LLC a telecommunications company licensed by the Federal Communications Commission (Hereinafter “Global Security”) and have been so employed since January 2016.  I am presently assigned to the San Francisco office of Global Security, where I investigate criminal violations of state and federal laws with regards to our telecommunications infrastructure, assets, partners, employees, contractors, or other supply-chain threats.  I have received training at Global Security in their academy in San Francisco to include training on covert investigation techniques, telecommunications, national security matters, and violent crimes.  During the course of my career with Global Security, I have participated in numerous investigations involving threats to physical assets, personal, national security, and other matters relating to such investigations.
2.     This affidavit is made in support of an application for a criminal complaint against
3.     , (hereinafter referred to as “”), Date of birth , and RENA PROVENCIO (hereinafter PROVENCIO), and (hereinafter “”) date of birth  for violations of PC460 burglary of an occupied dwelling in the first degree (F) PC591damaging phone, electrical, or Utility lines. (F) PC418 illegal landlord lock-out. (M) PC591.5 maliciously removing or damaging or obstructing the use of a wireless communication device with the intent to prevent the use of the device to summon assistance or notify law enforcement of any crime. (M) PC182 conspiracy - intentionally entered into an agreement with other person(s) to commit the crime and committed acts in furtherance (F). 
4.     In particular, as set forth in further paragraphs below, there is probable cause to believe that on November 03, 2021 on or about 9:30am, that , entered the offices and Carrier Neutral Datacenter of 6x7 Networks and the home of Lady Benjamin Cannon at 5030 3rd st, San Francisco, California, within the Northern District of California, with the intent to remove more than $950 in without limitation: cameras, badge readers and wireless cellular telephones such as a dark grey iPhone 12 Pro Serial number: DNPFK06F0D88.   In addition, , , and PROVENCIO did purposely and premeditatedly collaborate to sever, and did sever, power to a datacenter, deep cycle battery, and telecommunications hub inside 5030 3rd st San Francisco, CA.  All of these actions were conducted by violence and force or threats of violence and force to the on-site security personal, including lethal force, and did in-fact detain said security personal either with firearms or by threatening to employ armed personnel.
5.     The facts and information set forth in this affidavit are based on my personal observations, my training and experience, and, as specifically attributed below, information obtained from law enforcement officers and witnesses.  To the extent that any information in the affidavit is not within my personal knowledge, it has been made available to me through reliable law enforcement or investigative sources, and I believe such information to be true.   This affidavit is made for the sole purpose of demonstrating probable cause for the issuance of the requested complaint and does not purport to set forth all my knowledge of, or investigation into, this matter.  In addition, where I report information I learned from others or from receiving documents and reports prepared by others, such information is recounted in sum and substance and in relevant part.
Penal Code 459 provides that: Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. As used in this chapter, “inhabited” means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises.
Penal Code 460(a) provides that: “” every burglary of an inhabited dwelling house, vessel…floating home…or trailer coach…or the inhabited portion of any other building, is burglary of the first degree. (b) All other kinds of burglary are of the second degree.” 
Penal Code 461 provides that Burglary is punishable as follows:
(a) Burglary in the first degree: by imprisonment in the state prison for two, four, or six years.
Penal Code 591 provides that: A person who unlawfully and maliciously takes down, removes, injures, disconnects, cuts, or obstructs a line of telegraph, telephone, or cable television, or any line used to conduct electricity, or any part thereof, or appurtenances or apparatus connected therewith, including, but not limited to, a backup deep cycle battery or other power supply, or severs any wire thereof, or makes an unauthorized connection with any line, other than a telegraph, telephone, or cable television line, used to conduct electricity, or any part thereof, or appurtenances or apparatus connected therewith, is subject to punishment by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, or by imprisonment in a county jail for 16 months, two or three years pursuant to subdivision (h) of Section 1170 and a fine of up to ten thousand dollars ($10,000).
Penal Code 418 provides that: Every person using or procuring, encouraging or assisting another to use, any force or violence in entering upon or detaining any lands or other possessions of another, except in the cases and in the manner allowed by law, is guilty of a misdemeanor.
Penal Code 591.5 provides that: A person who unlawfully and maliciously removes, injures, destroys, damages, or obstructs the use of any wireless communication device with the intent to prevent the use of the device to summon assistance or notify law enforcement or any public safety agency of a crime is guilty of a misdemeanor.
Penal Code 182 provides that: (a) If two or more persons conspire:
(1) To commit any crime.
They are punishable as follows:
When they conspire to commit any other felony, they shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony.
If the felony is conspiracy to commit two or more felonies which have different punishments and the commission of those felonies constitute but one offense of conspiracy, the penalty shall be that prescribed for the felony which has the greater maximum term.
All cases of conspiracy may be prosecuted and tried in the superior court of any county in which any overt act tending to effect the conspiracy shall be done.
(b) Upon a trial for conspiracy, in a case where an overt act is necessary to constitute the offense, the defendant cannot be convicted unless one or more overt acts are expressly alleged in the indictment or information, nor unless one of the acts alleged is proved; but other overt acts not alleged may be given in evidence.
6.     November 8, 2021 I responded to the site of a break-in at a home and 6x7 Networks telecom facility located at 5030 3rd st, San Francisco, CA and subsequently conducted witness and victim interviews.  Additionally, I reviewed still images and video footage from Global Security and Lady Benjamin’s security cameras, which captured the entire burglary and the subjects, as well as spoke with SFPD officers who responded to the burglary.
7.     One victim, C.K., told me the following:  On the day of the burglary, Nov 3, 2021, C.K. was present at the request of Lady Benjamin, his friend, doing some favors for Lady Cannon, when he heard a commotion at the front door.  Subsequently, , PROVENCIO, and along with 6-10 unknown armed men and women, stormed the facility at SF1, ejecting C.K. from the facility and detaining him, forcing him to stand on freezing cold November morning concrete in his bare feet for multiple hours. 
8.     C.K. reports that some of the suspects that entered the building were openly carrying loaded firearms.
9.     According to C.K.,  , PROVENCIO, and did in-fact enter the building at 5030 3rd st San Francisco CA.  While they were in there, they deliberately and intentionally immediately moved to sabotage and remove security cameras and badge readers and communications devices, including on the front and rear of the building and inside the building.  The value of the devices removed exceeds $950 many times over.
10.  According to C.K., the parties disconnected power to both Lady Benjamin’s home and telecom facility, causing the routers to power-down and packets to stop flowing.
11.  According to CK, , PROVENCIO, and proceeded to stay and change the locks on the building, denying Lady Benjamin and her friends access to her home and place of work.
12.  On November 3, 2021, I personally observed the break-in and burglary over internet connected security cameras.  These cameras feature 2-way radio communications from anywhere in the world, and although I was in Mexico at the time, I was still able to advise the parties, whom I identified positively as , PROVENCIO, and , all parties known personally to me,  I was able to communicate with the burglars. 
13.  I advised the burglars that they were breaking and entering an occupied dwelling and telecom facility, and that they were all in violation of state law.  They ignored me, and after entering the property, sabotaged and intentionally broke and removed the camera the camera, disconnecting the signal.
14.  I reviewed surveillance camera footage from the incident, and noticed persons I know to be , PROVENCIO, and and others first dragging C.K. out of the entering the facility on 5030 3rd st, San Francisco CA, breaching the door to do so.  I subsequently observe , PROVENCIO, and and armed DOES entering the building with firearms from the east and main entrance.  Once inside, the burglars immediately open the back entrance, where more DOES are waiting. I further observed , PROVENCIO, and immediately and promptly moving to disconnect power to the internet routers, and security cameras, preventing further recording, but preserving a record of the sabotage to the telecommunications facility and home of Lady Benjamin.   There was no delay discussion or delay in cutting power to cameras.
15.  I further noticed that many of the people entering the building at 5030 3rd st without permission were armed with both firearms and stun guns that were openly carried and/or displayed.
16.  In the course of my Investigation, I reviewed posts and video from an on an online internet forum:   Here not only posts a confession not just about the burglary, but implicates himself, , and PROVENCIO as well, and admits intentionally and knowingly and maliciously cutting power to telecommunications site as well as removing wireless communication devices to wit “The property owner and I high-fived each other when the crew pulled out the power cable […] shutting down all of the equipment” and “calling into the Ring doorbell from an unknown location to claim that this was illegal-- shortly before the crew ripped off the Ring doorbell”   and  “I feel bad for Chris, the employee who was on-site and had no clue what was happening...he was out on the street in his bare feet” and “Ben [a transphobic term of harassment knows as a “dead-name” for Lady Benjamin Cannon, ASCE] is finished, I hope” and “I might want one of those Cisco Nexus 7000 switches myself!”
17.  Subsequently, C. K. took pictures of the vandalized and removed cameras and badge readers, which I also reviewed and recognize as the camera and badge reader equipment that was located at 5030-2054 3rd st, San Francisco, CA.
18.  In addition, On or about Dec 30, 2021, at 8:21pm, I received a notification from Apple that someone had possession of my iPhone, which was on my desk in my home at 5030 3rd st, and was trying to factory-reset it as their own iPhone.  Apple has security against this kind of theft, and I activated the iPhone’s lost/stolen mode, which will track it.  The exact text of the message was:
a.      “Activation Lock is requesting your password on LB iPhone[…]  For your security, Activation Lock requires your Apple ID and password or your device passcode before anyone can reactivate and use your device. It’s enabled automatically when you enable Find My. If you are setting up this device, simply enter your Apple ID and password in the fields provided.”
Based upon the security camera footage from 6x7 Global Security, as well as the positive identification from C.K., and my own investigation, I believe that , PROVENCIO, and are the burglars.
For this reason, there is probable cause to believe that  , PROVENCIO, and burglarized the home and telecom facility of Lady Benjamin Cannon located on 3rd st in San Francisco, and that they did break into an occupied dwelling with the intent to steal more than $950 and commit other felonies, and that they did in-fact steal more than $950 and did in-fact commit other felonies, violating PC459, PC460, PC461.
Based upon the security camera footage from 6x7 Global Security, as well as the positive identification from C.K., and my own investigation , I believe that , PROVENCIO, and did intentionally damage phone, electrical, or Utility lines in that they disconnected power from a telecom facility and bragged about it online, and posted videos of each other “high-fiving” each other after the fact, violating PC591
Based upon the security camera footage from 6x7 Global Security, as well as the positive identification from C.K., and my own investigation, I believe that , PROVENCIO, and did intentionally change the locks and use threats of violence to eject Lady Benjamin Cannon from her home without due process, and that they did in-fact subsequently advise SFPD falsely that she had been evicted when she had not, violating PC418.
Based upon the security camera footage from 6x7 Global Security, as well as the positive identification from C.K., and my own investigation, I believe that , PROVENCIO, and did intentionally enter into an agreement with each other and other person(s) to commit the crimes above, and engaged in acts of furtherance of those crimes, and did in-fact commit those crimes and others together, and that the crimes were of a felony nature, violating PC182.  For this reason, there is probable cause to believe that , PROVENCIO, and burglarized, and damaged utility lines, illegally locked out, damaged a wireless device with the intent to suppress help, and conspired with each other to do these things to an occupied dwelling and telecom facility on 3rd st in San Francisco.


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