San Diego Criminal Attorneys Blog

In Escondido, North County San Diego, around 9:00 p.m. an 18 year old women driving a Mitsubishi Mirage carrying a 16 year old passenger collided with a pickup truck. The traffic collision occurred at the intersection of South Escondido Boulevard and South Centre City Parkway. The 18 year old female was pronounced dead on sight of the accident while her 16 year old passenger suffered serious injuries. The 37 year old man who was driving the pickup truck suffered minor injuries. The 18 year old driver had pulled out to make a left turn onto South Centre City Parkway when the pickup truck collided with the side of the Mitsubishi Mirage; causing both cars to roll and finally ending after colliding with the center divide. Police don't believe the driver was under the influence of drugs or alcohol, dui, when the traffic accident occurred.

Parents please inform your kids to drive safely!! As parents we often warn our kids of the dangers of drinking alcohol and driving but we must also harp on them about the dangers and consequences of just distracted (cell phone use) driving. A car or truck driven poorly is no difference than handing a loaded firearm to an inexperienced gun handler....No matter how good your kids think they can drive share with them all the teenage deaths that have resulted from traffic accidents in the last two years in San Diego County. The number will shock you! The slightest distraction from the road is all it takes to cause serious injury or even worse death.

The full article can be found here:
North County Times, ESCONDIDO: Teenager killed in traffic collision 7/24/2010

Oceanside Police Department has scheduled two more DUI checkpoints this week. Sergent Jeff Brandt said that these checkpoints will run from 11 a.m. to 4 p.m. Wednesday and 8 p.m. Friday night to 3 a.m. Saturday morning. The goals of these checkpoints is searching for drunken drivers. The location of these checkpoints is being withheld from the public until the after the scheduled time. As we know from before these checkpoints are usually held on large streets, like Oceanside Blvd., El Camino Real, and several others. As always be sure to have a designated driver for any partying this Friday night, and every party occasion. But if you do get arrested for DUI feel free to call for a FREE legal consultation.

North County Times, Local Upates; Local Briefs, DUI checkpoints Announced June 2, 2010

Oceanside Police officers are conducting a DUI checkpoint this memorial day weekend to look for drunk drivers. It's scheduled to run from 8p.m. on Sunday to 3a.m. early Monday morning as part of their DUI enforcement and awareness program. Police have not yet released any location on were this DUI checkpoint would be located.

Please be aware that recent Oceanside DUI roadblocks have been located on Oceanside Blvd. between El Camino Real and Rancho Del Oro and on College Blvd. between Via Cupeno and Adams street. Remember it is best to not drink alcohol and drive and if you go out drinking with friends make sure you have a Designated Driver. However, if you are arrested for a DUI please feel free to call my firm for a free legal consultation.

North County Times May 25, 2010

OCEANSIDE: Checkpoint set for Sunday night

San Diego developer James Delbert McConville and five other associates consisting of, a licensed real estate agent, a banker,and an escrow officer of a title company, were accused of conspiracy to commit wire and mail fraud. As of now, Mr. McConville's location is still unknown and only one of the defendants has appeared in court. The scheme left hundreds of condominiums around the country in foreclosures many of these in Escondido and San Marcos in North County San Diego. Federal Prosecutors are refusing to release the address of the effected condominiums and possible developments they could reside in.

In this criminal scam buyers paid as much as ten thousand dollars to gain access to personal information of people who had good credit, so Mr. McConville could buy condos. The applications for loans that were needed to purchase the condo's contained the false information of the buyers. Mr.McConville used the money he gained from the false loans to be split up between corporations. Interestingly, he also spent the money on fine pieces of art and purchasing rare comic books.

These six people face as much as 30 years of prison for each charge of conspiracy and fraud. The question is why! Is it in these difficult economic times people make poor choices concerning their financial welfare? Or is it greed that keep these people going above and beyond what they need to live? The fact finding process of the criminal judicial will bear these answers!

You can read more of the Artile here: REGION: Developer, others indicted in condo loan scheme
North County Times May 19, 2010

Murder conviction without a body? Yes! Joaquin Murrieta Martinez,age 32, was found guilty in the murder and dismemberment of Janina Hardoy, age 24, in her Oceanside home. Mr. Martinez a known gang member testified that he did not kill Ms.Hardoy but he did contribute to the dismemberment of her hands and feet, after she was dead.

Janina Hardoy moved to Oceanside in late 2004 after living in Northern California. A few months later in early February 2005 she was murdered. Only her dismembered hands and feet were found. The location of her body is still unknown even after a four day search. Law enforcement has speculated that the body is somewhere in the Santee Landfill. Police investigators are still unsure about the cause of death as they have been unable to examine the body.

Deputy District Attorney Geoff Allard told the jury that Martinez had killed Janina Hardoy during February 2005 because she had threatened to tell the police that Mr. Martinez and fellow gang members had robbed a series of banks from Bonsall, San Marcos, Carlsbad and Encinitas. Martinez and others were arrested and sentenced to prison for these robberies. Mr. Allard also stated that her body was most likely dumped in a garbage bin behind an Escondido doughnut shop, and then later picked up by trash truck and dumped into the landfill.

A witness testified that Ms. Hardoy and Mr. Martinez had a 'stormy' romantic relationship, and that because of this her house which she used to house drifters and homeless persons began to be filled with drug users and ex-cons. The witnessed also stated that once Crystal Meth was introduced the home went from a positive vibe to a very chaotic.

Ms. Hardoy's father and stepmother were sickened with the murder of their daughter and the way Mr. Martinez was able to speak about it so calmly. Katy Hardoy, Janina Hardoy's stepmother, stated "the callousness in the way he spoke about the act, it showed he had no soul". Obviously, the jury did not believe Mr. Martinexz's account of the events as they found him guilty of murder. This case will be appealed and the appellate courts will have to decide whether the murder conviction can stand!

You can find the whole story here:
OCEANSIDE: Man guilty of murdering woman he later dismembered, North County Times May 11, 2010

Threats, even if jokingly made, on social sites such as Twitter, Facebook or Myspace can land you in hot water and charged with a crime. This is not a local story but I feel that the outcome and severity of statements made like these are very real and severe. I anticipate that prosecution for internet threats will increase dramatically in the near future! So beware what you post!

Paul Chambers, at the age of 26, made a post on Twitter stating that if his flight was delayed by the snow then he would blow up an Airport. Mr. Chambers insisted that the post he made was only a joke and that he would never blow up an airport. However, the judge found him guilty because he conveyed an offensive, indecent and obscene message over a public telecommunications networking site.

This message is important not only for Twitter, but for Facebook, Myspace, and every other public communication website, in which the message can be read by millions. Luckily, Mr. Chambers was only fined $1,500 dollars instead of time in jail for making such threats against the airline. But please know that these websites have detailed policies, and the things that you post or say on these sites can and will be used against you, especially if they are conveying messages of offensive or indecent meaning. Likewise, if you are contacted by a site investigator concerning a post do not make any statement to them without an experienced attorney.

British man convicted for Twitter bomb 'threat' ,North County Times May 11, 2010

On Thursday, April 15th, a 49 year old boxing trainer was charged with the murder of a fellow coach, and attempted murder of a young boxer as well as injuring another. The defendant, Mark Anthony Diaz, plead not guilty to all the chargers including the killing of 52 year old Hector Gil, another coach at the boxing facility. Mr. Diaz faces 84 years to life in prison and his bail was set at TEN million dollars. The reasoning behind the high bail was due to evidence presented to Judge Hocket at the Vista Superior Court which included a death threat message from Mr. Diaz to Hector.

Evidence in the case suggest that Diaz was jealous and envious that Hector was taking his clients, especially those with potential, like Ricky Gutierrez a 21 year old boxer who fought his first professional match this year. This along with many other events present a strong case against Mark Diaz and his short temperament. One thing we have to look at before we make judgments is the evidence and its validity, did Mark Diaz really murder Hector Gil, and for what reasons.

You can read more about this article here:
VISTA: Gym shooting suspect charged with murder, North County Times April 15th 2010

On Thursday, April 15th, a large crowd of supporters gathered in front of the Escondido City Hall building in support of the Driver License checkpoints that the Escondido police department has continuously conducted for the past six years.

More than a 150 people showed, lead by Patricia Bennett, in support of the traffic checkpoints. In contrast this support for the checkpoints and for Police Chief Jim Maher, who has been pressured to remove the traffic checkpoints or resign, the protest against the traffic checkpoints was three times smaller. What does this say about the cities feelings towards the checkpoints and the Police Chief as cars passing by drew honks and cheers? However, what's poplar doesn't always equate with justice!

These traffic checkpoints are a very controversial issue in Escondido and possible other neighboring cities who might start to adopt same or similar policy changes. Simply, are the traffic checkpoints conducted by the Escondido police department constitutional? I think not especially when every car is stopped and the driver interrogated by law enforcement about their drivers license. Supporter's claim the checkpoint have lowered the hit and run cases by a third. But the one question remains, are these checkpoints specifically targeting low income area's where Latinos are being targeted? If so, then theses checkpoints need to be reformed immediately or changed in the way they are conducted to meet all constitutional requirements.

To find this article and read the whole article visit this link:
ESCONDIDO: Rally supporting police, checkpoints draws more than 150, North County Times April 15th

Escondido Councilwomen, Olga Diaz, has been opposed to the city's traffic enforcement checkpoints and has asked state Attorney General Jerry Brown to confirm that these checkpoints are conducted in a constitutional manner by the police department.

The primary purpose of the Escondido traffic checkpoints are to check the validity of the drivers license of the drivers. The procedure goes as follows, first the police block off a road and check all passing vehicles, they check for two main things, other than driving without a license. First they see whether or not the picture matches the person who is driving the vehicle, secondly, they check to see if the license has expired. They do not check any other documents to prevent traffic backups. Are these traffic checkpoints constitutional? Remember our Constitutional Rights to be free from governmental intrusion!

Supporters of the traffic checkpoints argue that the state law prevents checking the drivers license while officers are on patrol, but states nothing about checkpoints dedicated to the checking of the drivers license. The US Supreme Court has never ruled that driver license checkpoints are unconstitutional. They have ruled as long as the checkpoints are conducted in a constitutional manner by law enforcement then they have a right to continue the checkpoints. Patricia Bennett, founder of the Citizens of Escondido Road Safety is a strong supporter of the police checkpoints. She sates, "We all have to abide by the law, "I want to get everyone who is unlicensed and uninsured off the road." Its true that these checkpoints are bringing unlicensed and uninsured drivers off the streets but are they being done in a fair way? Absolutely not! The ends do not justify the means in constitutional analysis!

People opposed to traffic checkpoints argue that they are unconstitutional and are unfairly placed in Latino communities. No surprise, a big opponent to the checkpoints is the Latino community within Escondido who say that these checkpoints are targeting their all the person's in their communities. How many traffic checkpoints are set up in the white or upper class areas of Del Mar or Carlsbad? Latino civil rights groups are also upset because the goal of these checkpoints is to catch those driving without a license, and many of these people are illegal immigrants.

The main question we are faced with is that these checkpoints under law are legal, but are they being conducted in a fair way, or are they fair to even begin with? Please remember, we ALL have the right to be free from unlawful search and seizure from police! These traffic checkpoints as conducted violate our rights to be free from governmental intrusion and should be stopped! Thank you councilwoman Diaz for your courage to take a stand protecting everyone's rights! But please don't hold your breath for the result you want from the States Attorney General, another government law enforcement official!

To read more of the Article and the whole Article visit this link:
ESCONDIDO: Diaz wants attorney general's opinion on checkpoints, North County Times April 3, 2010

Eric Anthony Pomatto, the man who lead police officers on a lengthy and reckless pursuit after evading police on Friday March, 19th, was arrested and charged with 27 serious felonies including felony evading and 11 counts of attempted of murder.

Mr. Pomatto's car was first observed outside his ex-girlfriends father's house and was reported to the police as a suspicious vehicle because the vehicle had been there for more than five hours. As officers approached Mr. Pornatto in the vehicle he drove off and lead them on a long and reckless pursuit accumulating in the multitude of felony charges.

Mr. Pomatto plead not guilty alongside his deputy public defender during a brief arraignment appearance at the Vista Courthouse. He faces up to 158 years and four months in prison if convicted of every charge. These charges range from attempted murder, which Deputy District Attorney Patrick Espinoza stated that, "Pomatto had an intent to kill officers". Also including felony evading, shooting from a car at walking bystanders, shooting at an occupied vehicle, being a felon in possession of deadly firearms as well as assault on a peace officer. Mr. Pomatto is being held in custody without bail pending the trial court proceedings.

ESCONDIDO: Suspected shooter charged with 27 felonies, north County Times March 24, 2010

In Escondido, North County San Diego, around 6p.m. Friday, police officers pursued a vehicle in a long and violent car chase. Initially, the officer observed the car driving suspiciously so he ran the license plate number and found the vehicle was reported stolen Honda Accord out of Chula Vista. The driver then sped off in the car and the chase ensued. Shortly after the pursuit started, the driver of the stolen vehicle fired several rounds through the sunroof of the car at a police helicopter that was providing aerial support to the to police units on the ground. The driver of the stolen Honda Accord also fired several shots at police units. The driver while evading arrest used a variety of weapons including a handgun and shotgun to fire at pursing officers.

In addition, the driver fired several rounds at the police K9 unit. One shot pierced the windshield passing just over the officers right shoulder and going through the seat almost hitting his dog partner in the back. Lucky neither the officer nor his partner were injured in the firing however other rounds fired disabled the vehicle, blowing out the front two tires. The pursuit continued at speeds ranging from 5 to 130 miles per hour.

At one time during the chase, an officer on foot unsuccessfully tried to deploy a spike strip but was fired at several times. The officer was not hit but the bullets hit other vehicles. Once again no one was injured by the reckless and dangerous firing done by the driver of the stolen vehicle. As the driver approached Westfield's North County Mall parking lot, he exited the vehicle and laid down on the ground before officers had the opportunity to approach him. Lt. Craig Carter, said "I don't know why he stopped, he obviously knew we were there." The pursuit stopped here as the man was taken into custody.

The driver of the vehicle's name is being withheld until further notice and is facing a variety of charges, including felony evading and suspicion of 11counts of attempted murder, and firing at an aircraft.

Police Investigate man who fired rounds on chase, March 21, 2010

As you know from the previous blog, San Diego County Police Departments had been scheduling Police Checkpoints to keep a watchful eye for drunk drivers this St. Patrick's Day. Three people were arrested at the Poway checkpoint and taken to jail, two with suspicion of drinking while under the influence of alcohol and the other was arrested due to warrants. About 600 vehicles were checked at the Poway checkpoint, in the 13300 block of Twin Peaks Road, during the checkpoint hours, which consisted of Wednesday 7:00pm to Thursday 3:30am.

Not only were three people arrested, but also several people cited for various crimes. A total of eight people were cited for driving with a suspended license, or without a valid drivers license. Out of the eight people, a total of six cars are to be impounded, resulting in at least a 1,500 dollar output by the cited driver. Another person was cited for driving with an open bottle of alcohol in the car. Make sure you toss out that extra alcohol, even if it isn't yours as the driver and belongs to your friend in the passenger seat, no open alcohol bottles should be in a car.

The checkpoint received its operating costs from a grant issued by the state Office of Traffic Safety. As a future note to drivers out there, the city plans to have at least three more checkpoint in the next coming months, so take the extra precaution and get a designated driver.

Three arrested at checkpoint, North County Times Friday March 19, 2010

This St.Patrick's Day North County police officers are going to be on heightened alert looking out for drunk drivers in Encinitas, Solana Beach and Del Mar. The time of alertness will between 7:00pm Wednesday through 3:30am Thursdays, Saint Patrick's Day itself and the following morning. Officers will be confiscating any unregistered or unlicensed vehicles they pull over for at least 30 days. Not to mention this will all be at the drivers expense; at a price of at least 1,500 dollars. San Diego Police department is asking anyone to call 911 so they may report drunk drivers providing the cars model, license plate number and the location of the vehicle.

Time to designate a driver, cause its not worth the trouble this St. Patrick's Day of getting pulled over, and losing your car for possibly 30 days.

DUI enforcement Scheduled, North County Times, March 17, 2010

In Carlsbad a fourteen year old was taken to a hospital after he fell and injured his head. How did he fall? Well he was shot with a Taser gun by a California Highway Patrol officers during a dui investigation. In the early morning around 1:20a.m. CHP officers stopped a 2000 Toyota Corolla on Carlsbad Blvd. near Tamarack Ave. for suspected dui when the driver and passenger took off running.

The CHP officers shot the driver with a Taser gun near the stairs at Tamarack Beach and he fell and hit his head. The teen was later transported to Tri-city Medical Center for his injures. During the investigation, the officers learned that the car had been stolen earlier from Vista and also located alcohol and drugs in the car. Officers also learned that the teenager was an at risk runaway. When the teen is released from the hospital he will be arrested and most likely be charged as a juvenile for auto theft, dui, and evading arrest when he ran after the traffic stop. This teenager will need an experienced juvenile and dui criminal lawyer to help him and his family through these tough days ahead. The passenger was not apprehended.

What's also interesting about this case is the CHP's comment about the use of a Taser gun in these situations. "The Tasers, the stick, the pepper spray -it's meant to incapacitate someone so they don't hurt themselves, hurt us or get away. It may seem extreme, but it's what we deal with every day." However, at the time the CHP officer tased the teen, he had only been stopped for a vehicle infraction and the officer didn't know at that time the car had been stolen. So is it CHP's policy to tase every driver if they flee from a traffic stop? More to come on this one.

CARLSBAD: Teen hit by Taser after CHP pursuit, North County Times, July 11, 2009

In San Diego and Vista, two women were recently sentenced one for voluntary manslaughter and the other for stealing from her murdered grandmother. San Diego Superior Judge Robert O'Neill imposed an 11 year stipulated sentence to Jule Reynolds A stipulated sentence is an agreed upon sentence between the prosecutor, the criminal defense attorney and the client/defendant. Ms. Reynolds was initially charged with murder and was accused of smothering her newborn hours after the child was born for unknown reasons. An interesting note is that part of the stipulation [agreement] was that Ms. Reynonlds who already has six children will not be able to have conjugal visits while in custody.

In the other case, Vista Superior Court Judge Daniel Goldstein sentenced Amy Jo Mitchell to 2 years in state prison for burglary and accessory after the fact when she stole or withdrew about $70,000 dollars from her grandmother's bank accounts. The grandmother was killed by Ms. Mitchell's boyfriend, Steve Nolan, who later shot and killed himself inside his car in Riverside County on September 5, 2008.

Mom who smothered newborn gets 11 years in prison, North County Times, July 11, 2009