Brian (Gilbert Barnes) Surewood Charged With Murder

Michael Fattorosi has been retained to defend Brian Gilbert Barnes.

Gene Ross reports:

Brian Surewood and this other guy Gamboa Ayon are at a stop light and there’s an altercation. Surewood and Ayon are playing some game of chicken. Surewood was in front of Ayon and to fuck with him, jams on his brakes. Ayon was following too close behind and to avoid hitting Surewood swerves and hits a family.

A crowd of people immediately descended upon Ayon and held him for the cops. In the meantime, Surewood takes off. He goes to his pot store and lights up and tells people about this because he’s all shaken up and trying to mellow out. Surewood’s told you’ve got a very distinctive car. It was Surewood with the red car and the Times got that wrong. So Surewood’s told you’ve got to turn yourself in. He gets a lawyer and turned himself in last night.

KNBC.com reports:

LOS ANGELES — Doctors said Wednesday that a 4-year-old hospitalized in critical condition may not survive after a "road rage" incident on Tuesday, according to police.

"The 4-year-old child is in extremely grave condition. We don’t even know if the child is going to make it. Doctors are very skeptical on that. They’re doing everything they can, but it does not look good for the 4-year-old," Capt. Ronald Marbrey of the LAPD.

The child’s 2½-month-old sibling and 31-year-old mother, all natives of India, were also hospitalized Tuesday, KNBC’s Robert Kovacik reported.

The crash, which was originally blamed on street racing, occurred at 3:12 p.m. at 17119 W. Sherman Way, between Balboa Boulevard and Louise Avenue, at 3:12 p.m. Tuesday, said Ron Myers of the Los Angeles Fire Department.

"Witnesses tell us that two individuals were driving at a high rate of speed westbound, here, on Sherman Way. It appeared to witnesses that they were jockeying for position," Marbrey said.

Marbrey said witnesses said the vehicles were traveling between 50 mph and 90 mph.

"They were cutting each other off," Marbrey said. "At one point further down the roadway, the red Camaro slammed on his brakes and the black Nissan barely missed colliding with him."

"Further down the road, here at Amestoy (Avenue), the red Camaro applied the brakes hard, the black Nissan attempted to avoid a collision and swerved to the right, and collided with a silver Daewoo," Marbrey said.

Marbrey said that the Daewoo slammed into the family, pinning them against a black Honda Civic.

Marbrey said the mother will probably lose one leg. Marbrey said her other leg was also severely crushed.

The infant suffered severe scrapes and injuries, according to Marbrey.

"That child, according to witnesses, was launched into the air and slammed against a tree. This is the tragedy of this incident, and this will impact this family. The father is totally distraught. He’s overwhelmed by this incident. It’ll impact this family for years and years to come," Marbrey said.

Police said the driver of the Nissan, 19-year-old Armando Ayon, of Pacoima, and the driver of the Camaro, 44-year-old Brian Barnes, of Northridge, have been arrested and charged with attempted murder.

If the 4-year-old dies, the pair would be charged with murder, Kovacik reported.

"This incident did not have to happen. That’s the tragedy of it," Marbrey said.

The crash occurred one day after a street race that resulted in a fiery crash that killed a woman and her two children in El Monte.

Scott Fayner posts on lukeford.com: "Sources close to Surewood tell us that the driver of the other car heckled Surewood, saying he wished he looked like a pirate. "Fuck that! I do look like a pirate!" witnesses say Surewood was heard shouting before both cars took off down the street headed for disaster."

Willie D writes on XPT: "California Criminal Code (CC) 187 says murder is the unlawful killing of another human with malice aforethought. CC 188 says malice can be implied, "When no considerable provocation appears." Vehicles are considered "destructive devices." So if you’re road-raging with another guy, you’re already committing one crime. If you kill somebody while commiting another crime, you’ve committed first degree murder."

Van Styles posts on ADT: "When I first heard of this I couldn’t believe it due to the fact I was on set doing stills for Vouyer Media yesterday and Brian Surewood was one of the talent hired for that day. And to realize that this happened right after he was done with the shoot is kind of mind blowing. I have known brian for about 4 years and he was always a very polite well manared performer with all of the ladies he had worked with. Its very sad to see this happen,but all in all it was a irresponsible act with such sad consequences."

Brian Gilbert Barnes was born June 1, 1963. Here’s a picture.

He’s the brother of Brick Majors.

Brian (previous lukeisback.com mentions) was interviewed by ADT on August 2, 2006.

Here’s ADT’s introduction: "Arrrrrr! No parrots at Brian Surewood’s pad – just what looks like hundreds of esoteric blades, bashers and other weapons of ancient combat. The hirsute porn star turns out to be a peace-loving soul, an advocate of medical marijuana, and one-man history of the adult industry, which he has seemingly been around since birth. After serving us milk and doughnuts, he talks about his life, with interjections from longtime buddy, director David Aaron Clark."

Part One Part Two

On the ADT show, Brian proudly shows off his weapon collection.

Interviewer: "We’re in the house of Surewood. It looks like a medieval torture museum."

Brian chuckles. "I have a few weapons, huh?"

Interviewer: "How long have you been working on this collection?"

Brian: "About five or six years."

"A lot of the weapons I have have skulls and crossbones on it. I’m really into skulls and crossbones. I’m into medieval type stuff. Battleaxes. I have a couple of good swords."

"I’ve always been into pirates. I got dubbed as a pirate in this business."

Interviewer: "You’re flying the black flag. …You’re pulling the big ship over and taking the women and the gold."

Brian: "It sounds like good ol’ days. Unfortunately the laws apply today."

"I got into porn because it was just so much easier."

"I am so bad with names. I’ve smoked a whole bunch of pot."

"Nothing like a good rape and pillage [talking about some of his roles]."

David: "He’s brought a lot of guys into the industry and mentored them. Mr. Pete would be the first to tell you that Surewood brought him into the industry."

"Surewood has a generosity of spirit that I find rare anywhere."

"When [women] meet him, I’ve seen the turnaround from if they’ve just seen his picture and then when they’ve met him, oh, I can work with him."

Brian: "I’m an ugly mug."

"A couple of times I’ve walked on set and they’re run out screaming. I was coming into Voltron’s house [Wanker Wang] through the backdoor and she saw me stomping through the bushes and she screamed and ran."

David: "And Wanker loves him too, which goes to prove his [Brian’s] sense of humor. This guy can charm any director out there."

Brian: "I like Wanker."

"Sex is like a drug. The more you have, the more you want."

"I grew up in Van Nuys near World News, a big porno warehouse. It was on the train tracks close to my house. I’d always go play on the train tracks when I was a kid. I used to climb up into their dumpster. It was like heaven because it was filled with pornography. I’d jerk off in the dumpster."

"I did a lot of smoking pot and surfing. I didn’t have too many ambitions in life. I drifted into this."

"My friend’s dad owned Penguin Productions with John Holmes."

"My brother did everything he could to keep me out of the business. My brother’s an asshole. He’s got a bad attitude. I stay away from him as much as possible."

Brian: "This business has turned me around because you can’t mix hard drugs and sex. It just doesn’t work."

Interviewer: "At least for the guys."

David: "Surewood is one of the most pleasant but most implacable agents of karma I’ve known in my life."

Brian: "I like to call myself Karma’s Little Helper. "

"I’m always fair and honest and straight up with everybody."

David: "He’s the kind of guy who stands up for the little guy."

Brian: "I love women. Latino, Chinese, Asian, it doesn’t matter. I like ’em all."

Interviewer: "You’ve got a cool car, right?"

Brian: "I’ve got the Camaro and a cool ’68 Chrysler Impala."

Brian passed for an intellectual in porn because he liked to smoke pot and watch the History Channel.

In a movie for director Tom Zupko, Surewood climbed on a cross and got fellated.

The L.A. Times reports:

Brian Gilbert Barnes, 44, of Northridge and Armando Gamboa Ayon, 19, of Pacoima, were booked on a felony charge of attempted murder and held on $1.5-million bail, Los Angeles Police Officer Sandra Gonzalez said.

Barnes, who was driving a [red Chevrolet Camara], and Ayon a [black Nissan Maxima], were driving on Sherman Way near Amestoy Avenue about 3 p.m. when Barnes allegedly lost control and crashed into a parked vehicle, said Lt. Roger Mora, a spokesman for the Los Angeles Police Department.

The 31-year-old woman and her children, a 4-year-old son and an 2-month-old child, were standing near the parked car, Gonzalez said. Police could not explain exactly how the family was struck, but Mora said they were taken to hospitals and are in critical condition.

"Apparently the woman was taking the children out of a car and they were walking," Gonzalez said.

Gene Ross reported (and then the next day he retracts the story after Brian’s attorney Michael Fattorosi got to Gene) Sept. 15, 2007:

Madison Scott is a pretty blond who hails from Arizona. She’s 19, married, goes to school and has a two-year old kid. Scott got her start shooting for the Internet and has been in the mainstream of the industry for about 10 months.

Accompanied by Anita Cannibal more or less for moral support, Scott came on KSEX Friday night. During the course of two hours on the Lorrainiac and Cuz Fucker show, Scott told a story about how she was raped [allegedly] on a porn set this past April. Scott, like many girls she says she’s talked to, kept this to herself but finally decided to go public with it.

Scott, who’s appeared in such fare as Hustler’s Barely Legal School Girls 5, says the incident occured on a Chico Wang set, in Wang’s house.

According to Scott, the scene was supposed to have been a blow job/hand job, and that was to have been it. Her partner in the scene was Brian Surewood.

Looking back on the events, Scott mentioned that another disturbing thing was the fact that there were no tests exchanged.

"But I didn’t think that was a big deal at the time," she added. According to Scott, the scene continued beyond what was called for, where she’s claiming she was pinned to the couch and fucked by Surewood.

"The director [Wang] and the assistant director did not stop it," contends Scott who insists she yelled stop.

"They were smiling and smirking- I know they heard me say stop," she states. Besides that, Scott also claims she wasn’t paid for a full sex scene.

Scott further states that she doesn’t like Wang, even more so "because of what he’s done to other girls and allowed this to happen."

"It’s frustrating," she went on to say. "Because I know there’s other cases like mine."

Scott was not implying that Wang was responsible for other alleged incidents of rape on sets but the fact that other girls have had similar experiences with other directors.

Cannibal, too, said she was was aware of similar incidents where female porn performers have kept quiet regarding sexual abuse.

The way Scott tells the story, Surewood didn’t seem to think anything of the situation. It’s Scott’s opinion, but she thinks Surewood was also "stoned" at the time.

"And he talked about how his son was my age."

Asked what else Surewood might have told her, Scott said, "He told me I was hot, that I had a really tight pussy. He was very, very out of it. I tried not to make it a big deal but it really sucks when it happens to you."

Scott said she hasn’t seen or talked to Surewood since although he did give her his business card at the time.

"I was leaving Chico’s house and he said, ‘I’d love to work with you again.’ I thought to myself I’ll never shoot at this house again or work with him."

In a state of turmoil, Scott claims she didn’t shoot another scene for seven weeks afterwards.

"Then I did shit scenes and my husband said this is fucking you up mentally. This is done- now."

Scott then took time off to regroup herself.

"How did your husband let this man [Surewood] walk?" Lorrainiac asked her.

Scott said she didn’t tell her husband about it right away.

"I was blowing it off at first, but he sensed there was something wrong," Scott continued.

Although he never talked to Surewood, Scott’s husband said enough was enough and told Scott’s then-agency, Gold Star Modeling that she was done.

Scott said she continues to try and justify in her mind what happened to her on the set that day.

"I just want to give a good scene and be the best actress out there."

Cannibal:  "It’s all the time touching boobs. And the business is so hard because your boundaries are always being pushed. To have healthy boundaries in this industry is challenging. When a guy says I’m hot he’s reacting with his balls and that’s flattering."

Regarding Scott’s statement that no tests were exchanged, Cannibal said she’s heard from other girls that that’s a fairly common occurrence as well. Cannibal remembered a time when she was supposed to be working with Vince Vouyer and how he supposedly refused to give her his driver’s license to corroborate the name that had appeared on his test. The matter was later resolved.

Scott said she had a similar experience where she got on set, and the male talent’s drivers license didn’t match the name listed on the test. That guy was sent home and another talent was called in as a replacement.

"They knew it was wrong and switched the guy," noted Scott.

…"I’ve fucked a guy with a loaded gun in my mouth," Cannibal responded eagerly. "That was fun."

Christie Lee responds on XPT: " oh please! i worked with chico sooo many times..he is awesome..there were times when i wasnt happy with things and he knew it, he stopped it..he is soo easy to get along with..he doesnt put up with bullshit..if anything the girl was booked for a scene and she didnt like the scenario, basically if its a blow job, you get your cock hard i pretend i turn you on, if you get soft , fuck you get it hard yourself, dont use me to aid you im not getting paid to fuck it..kinda thing..sooo typical..some fucking whores these days they think they are the shit….common hunny you are a whore, face it! you wanna get paid? got something else to do that day? do you job, let the guy fuck you to get hard before you pretend to give him a mind blowing "job"…rape? i think not..her bf probably found out she did b/g and she said she was raped."

On Sept. 16, 2007, Gene retracted the story:

Chico Wang’s assistant Hung Lo has said that Scott never at any time yelled stop and never said she was being raped. Before the scene- which was a blow job/hand job- got under way, Surewood and Scoot were doing a pre-scene interaction that lead to Surewood being inside of her. Again, at no point did Scott yell or say stop.

At one point Scott does say I don’t feel comfortable doing this. And at that juncture Surewood stops. He didn’t pin her down or continue after she said she wasn’t comfortable. Scott then continues with the handjob scene.

Sept. 17: Anita Cannibal posts to XPT: "I thought that there was gona be lots of BS and mean things said about me. The only thing I have a questions over regarding a claim of rape story is that it was pulled. If we are truely advocates of free speech then why is there a biased speech. I thought it was up to the jury and court to decide the facts of a claim of rape. I was under the impression that those in this industry were passionate about the rights of our US Constitution and the First Amendment. The fact that the claim of rape story was pulled and a story motivated by a parties self interest to claims of a happy go lucky work environment is still up and running suggests censorship and biased journalism. If there is an unbiased reporting then there needs to be both stories. Not only am I discouraged in the censor happy and biased speech but I thought that at least one attorney would notice that. Furthermore, I refuse to judge those involved in this story but instead judge those that claim seats in this industry. The industry that I have advocated for relentlessly over the last decade. Those that only want to judge and not to understand. To my peers SHAME ON YOU! If someone is in fact a victim of rape then do you want to be the one causes additional shame and injury to a victim of a serious felony or the one that reserves judgment and does no further harm? Doesn’t anyone have the clarity to see censorship when it hits you in the butt?"

Attorney Michael Fattorosi posts on XPT:

Actually Anita, I am representing Brian and the reason why the story was pulled was based upon information I provided to Gene as to the veracity of her story. The story she told was a fabrication, plain and simple. Neither you nor KSEX did anything to check her story.

How could you allow someone to make a rape accusation without first checking her sources ? Your and KSEX’s failure in gathering the required information is negligent to say the least and more than likely – malicious.

Please don’t use the guise of free speech in order to defend a woman that obviously had remorse over a consenual situation. Free speech is not a weapon, it is a shield. And it doesnt apply to speech between private individuals, just merely governmental regulation.

At this time, Brian is still considering what action, if any, will be taken in regards to Ms. Scott and KSEX.

Curiously, Fattorosi made no attempt to remove from XPT the complete posting of Gene’s original rape report.

Christian posts on XPT: "I can also vouch for brian surewood. he is a pretty laid back guy who is the consummate professional. i dont believe her either. but i bet joel lawrence would know the real answer."

Anita Cannibal posts:

It’s after 1 am. As you can see this story has caused a rift among peers and that bothers me. I am sorry that Brian’s name was brought up. I don’t even know the other two, no doubt because they never shoot with condoms. It’s late but I am very concerned for the two parties that I do know. On the one hand Brian and I have known each other for 10 years and I have always liked his funky self. Brian I am sorry your name was brought up, I felt very uncomfortable because I know you and I like you. I had no idea what to do and no file in my brain to access with the tools to handle this. I refuse to judge you or her on what was said. I do judge the free spirited work environment that you and I have enjoyed for over a decade and understand that we have both met girls who don’t enjoy such an environment.

That brings me to a sister, or peer, of mine claiming that she was harmed and gave me no reason to think that she did not belive she was harmed. I am sorry that Miss Scott feels that she was harmed.

It seems that just because I was a guest on the Fri show I have lost peers. I can not belive that Nick East, Brian, or Miss Scott came from hate or malice at anytime intended to me or to each other. Nick and Brian have known me for over a decade. I am sad that these two men will not have the same interactions with me when we see each other again.

Lastly, the show that I host on KSEX.com Wed. night 9 to 10pm will continue to have controversial discussions of worker safety issues, HIV/STD infection in the industry, allegations of crimes, government encroachment on our freedoms, and other shit. However, I will not let guests name others in statements that could harm those others if there is not privilege. Although I am not responsible for what happened I have learned how to do it differently.

 Madison Scott posts on XPT:

So here’s the thing. This did happen.. on May 21st. My husband knew I was shooting porn. And the video of me saying I was sober and not forced was a video that every girl that shoots at chicos has to do and say to get a fucking check and had NOTHING to do with what happened before the scene even started. They even say and admit that it happened and I said to stop, that I felt uncomfortable. I do regret not kicking him in the balls or something, and being more assertive, but I was very young and naive. I didn’t want to make it a big deal, I was 18, I figured well this is the porn industry maybe this is just what its like. I never did see his test, maybe chico or someone saw it, but i never did. I did shoot for two weeks after the incident. I was new and broke, so I shot some scenes to make money and get home. I do have a child to take care of and going home broke didn’t really seem like an option. I never wanted to make this a court battle, but am prepared to go and win if I have to, since all I did was say what happened. Obviously, it is hard to say and explain everything 100% and remember eveything in extreme detail on a quick radio show. I am pretty sure he was stoned and probably just figured well everyone does it to get the guy ready, she will too. I learned not to let anyone push my boundaries and that I am in control. Next time I will just walk off the damn set. So basically, I don’t give a FUCK what anyone thinks at this point, it happened, those that really know me know what happened, that I am a really sweet girl, and I’m just going to keep shooting amazing movies and loving life. This stupid thing was never supposed to be this big of a deal, it was just supposed to inspire new girls to not let others push their boundaries. So say and think what you want, because you can’t hurt the woman that thinks absolutely nothing of you!!!!

…My husband even came out to LA with our 1 year old daughter and we got a hotel sometimes and took her to disneyland and seaworld. I said that because Christie Lee said that my husband must have found out I shot porn so i made up some story. But in fact, my ENTIRE family knew I was shooting porn. My husband got mad when I told him what happened on set. After a couple weeks of fighting with my husband over what do, and him realizing that he could no longer stand watching guys degrade me, he told me i needed to make a decision. Either I could keep shooting porn and letting people walk all over me, or I could quit, go home, get myself together, and be a loving mother and wife. I chose being a great wife and mom. I have now become a stronger woman and have decided to give it another go and put out the BEST damn scenes anyone has EVER seen!

September 21, 2007:

I talk to Trina Michaels and Alana Evans. (Twelve minutes into this video.)

Luke: "What’s the best gossip you’ve heard lately?"

Alana: "Brian Surewood didn’t rape that girl [Madison Scott]."

Luke: "How do you know?"

Alana: "Because Brian is my friend and he wouldn’t do that."

"What really happened is that she probably had to answer to her husband and she did a little more than she was supposed to. That’s why at the end of the statement she said, ‘I didn’t even get more money.’"

Luke: "How often does this happen?"

Alana: "Happens all the time. My ex-husband used to do that."