San Diego Criminal Attorneys Blog

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

Another White Collar Crime and Corruption case in San Diego! This time involving Department of Defense employees and others steering $5 million dollars in contracts to a computer company. Gary Alexander and his wife, Kelly, allegedly took bribes for a period over eight years from Technical Logistic Corporation.

Obviously, Mr. Alexander and his wife were suspended form their jobs at the government research organization Space and Naval Warfare Systems Command after the bribery, fraud and corruption indictment.

Also indicted were Elizabeth Ramos, Jackie Godwin, Sinthia Nares, Louis Williams and Mr. Alexander's alleged mistress. Mr. Godwin was the working for Kratos Defense Security Solutions Inc. based in San Diego.

The charges stem from Ms. Ramos and Mr. Williams bribing the Alexanders with cash and material items like Rolex watches in return for Mr. Alexander's promise and or influence to insure the hiring of Technical Logistic Corp.'s as a subcontractor on several federal contracts.

This will be an interesting case to follow to see the extent Mr. Alexander's influence had on the subcontractors obtaining the contracts. It's not uncommon for those in the business world to receive gifts for referrals or leads . It's a fine line between committing a white collar crime and just saying "thank you" for your referral or business. Either way, one accused of such conduct will need an experienced criminal defense attorney in this area of law.

SAN DIEGO: 6 indicted on charges of corruption and fraud related to defense contracting, North County Times, July 8, 2009

In Imperial Beach, San Diego County, two gunmen, Jason Wootton and Jason Ladrillono, were arrested in connection with a home invasion robbery-a strike offense! The home owner of the residence was allegedly pistol-whipped. Two other suspects have not yet been apprehended.

The four men broke into the house around 3:30p.m. wearing black ski masks and were armed with firearms and pepper spray. A female resident at home was forced to the ground and her hands were bound behind her back with tape. The male resident resisted the four suspects at which time he was peppered sprayed and hit on the head with a gun causing his head to bleed. He eventually escaped calling 911 from a neighbors' house.

Sheriff deputies responded to the home and as the four suspects fled they caught Mr. Wootton who was on foot. Both the woman and man positively identified Mr. Wootton as being involved in the robbery. When questioned by the police, he told them of Mr. Ladrillono's involvement who was then later arrested in South San Diego on the robbery charges. Both men were held at the San Diego Central jail without bail.

Remember, if you are questioned by law enforcement officers as a suspect in a criminal investigation, you have the right to remain silent under the 5th Amendment of the United States constitution.

North County Times, July 5, 2009

On the bright side, in San Diego, the California Highway Patrol has reported no fatality accidents over the first 12 hours of the July 4th weekend. On the not so bright side, the CHP reports 36 driving under the influence "dui" arrests over the same time period!

However, throughout the State dui arrests were up from last year. This year the dui arrests were 454 compared to 342 last year. Traffic accident deaths statewide was 5 which is one more than last year.

Locally, in Escondido, police arrested three people on suspicion of dui and also impounded 46 cars at a dui and drivers license checkpoint on Friday night from 6:00p.m to Saturday morning at 1:00a.m.. Over 3,000 cars drove through the checkpoint and nearly 1600 drivers and cars were screened. Police impounded sixty-six cars, forty two of which the drivers were unlicensed.

No Fatalities So Far on San Diego County Roads, July 4, 2009, KFMB Talk Radio

3 DUI arrests, 46 impounds at checkpoint, North County Times, July 5, 2009

Continue reading "San Diego CHP Reports No Fataliteis But 36 DUI Arrests" »

In San Diego County, Vista, 28 year old Eduardo Martinez Cruz was booked into the Vista Detention Facility on allegations that he was having a sexual relationship with a 13 year old girl. These are serious charges and can result in long prison sentences if not properly handled by an experienced criminal defense attorney.

San Diego County Sheriff deputies began the investigation early Thursday morning when the teenager was reported missing from her Vista home. During the investigation, it was allegedly learned that the young girl had a boyfriend in his late 20's who provided her a cell phone so they could arrange late night meetings at which time they would engage in sexual relations.

Police Say San Marcos Man Had Sex With 13-year-Old, North County Times, July 4, 2009

Continue reading "San Marcos Adult Man Arrested For Sex Crime With Vista Teenager" »

In North San Diego County, Oceanside, three teenagers aged 16, 17 and 18 were arrested on suspicion of residential burglary, possession of stolen property and possession of a loaded firearm. Two of the teenagers are from Vista and the other from Oceanside.

The two younger minors will most likely be tried in juvenile court and the 18 year old will be tried as an adult at the Vista courthouse. Witnesses claim the three were wearing masks and bandanas and were armed with rifles when they were seen fleeing a home around 10:00a.m.

Police stopped a Ford Explorer believed to be involved and found the three teenagers along with three shotguns and a backpack that allegedly belonged to the homeowner. All three teens were allegedly positively identified as the ones fleeing from the residence. Remember, these teens are innocent until proven guilty beyond a reasonable doubt!

Teens Suspected in California Street Burglary, North County Times, July 4, 2009

In San Diego, sex crime suspect, Thomas James Parker, 39, was found dead in his cell hanging by a sheet while at the San Diego County Central Detention Facility. He had been accused of seven sexual assaults on women throughout San Diego.

The sexual assault crime spree has allegedly been ongoing for over a year. Mr. Parker was captured on Wednesday, July 1st, after a failed attempt to to rape a Mission Valley woman in her garage. She fought back and then chased him until he was arrested at a shopping center in Mission Valley. Police claim that DNA has linked him to seven sexual assaults that started last year and occurred in Carmel Valley,Tierrasanta, and near UC San Diego.

Mr. Parker was the co-owner of It's a Grind Coffee House in Little Italy. He was married with two young children.

Man accused in assaults reportedly kills self in jail, North County Times, July 4, 2009

Melendez-Diaz v. Massachusetts-US Supreme Court

NO CHEMIST REPORTS AT TRIAL, LIVE TESTIMONY IS REQUIRED
In Massachusetts, you don't get an analyst to testify that the stuff
the def. possessed was cocaine or meth or whatever; you get an analyst's
certificate. The US Supremes (5-4) say that this violates
confrontation, relying on Crawford (541 US 36).

Safford Unified School District v. Redding-US Supreme Court

NO STRIP SEARCHES OF JUVENILE?
This is the case where school officials strip searched a 13-year old
girl, looking for over-the-counter drugs. School officials can search based on less than probable cause. There was justification here to search the minor for the pills. But the school official made her pull out her bra and underpants. The Supremes say that this was a strip search. And it was unreasonable

People v. Medina-Cal. Supreme Court

GANG FIGHTS WITH FISTS CAN PERMIT CONVICTIONS FOR AIDING MURDER
They say that of course it's reasonably foreseeable that a gang fight could
escalate into a killing, even when everyone thought it was only a fist
fight. Read Moreno's excellent dissent. Not only did the defs. not
know the shooter had a gun, but the killing wasn't even part of the same
fight. The majority doesn't quite adopt the rule that the reasonably
foreseeable result of every gang fist fight is murder, though they come
close.

People v. Milliard-Court of Appeal 4th District

CRIMINAL RESTITUTION AND COMPARATIVE NEGLIGENCE
The def. was DUI and swerved into a motorcycle. The biker sustained
serious injuries. But the biker was speeding, driving an unsafe
vehicle, was untrained in motorcycle driving, and took no evasive
maneuvers. The biker was 25% Responsible for the injuries. Does comparative negligence reduce a defendants restitution liability?

In re M.B.-Court of Appeal 5th District

SENDING A MINOR TO CYA ON A PROBATION VIOLATION
WIC section 733 says that a juvenile court can't send a minor to the California Youth Authority (now DJJ or DJF) unless the offense for which the minor is being committed is on the WIC 707(b) list. Here, the minor was found a ward for a 707(b) offense, but wasn't sent to CYA then. The minor later violated probation and a WIC 777 supplemental petition was filed and sustained. Can a CYA commitment be based on a probation violation? Yes, if the underlying offense was on the 707(b) list.

in Poway, a city in San Diego County, four young latino adults or teenagers chased after two black brothers yelling racial slurs potentially committing a hate crime. The latinos chased the two brothers after they left an apartment complex and eventually smashed the black brothers' car windows with one of them using a metal pipe.

The brothers were able to drive to another location where they called the police emergency line 911. The responding San Diego County sheriff deputies searched the location but were unable to locate the suspects. The investigation is ongoing and the police don't believe the crime was gang related but was racially motivated.

POWAY: Attack investigated as hate crime, North County Times, July 2, 2009

Continue reading "Poway Hate Crime Attack" »

In San Diego and North County law enforcement will be out in force this weekend! This includes city police and CHP officers. The 4th of July weekend is unfortunately known for one of the most dangerous weekends to travel. Last year 41 people died on the California roadways over the July 4th weekend. Please do not drink alcohol and drive! If you do get stopped please know some dui tips on what to do! Have a safe weekend!

Continue reading "San Diego Police & CHP Out in Force for July 4th Weekend" »

In Vista Superior Court, the jury convicted Jose Casteneda, an illegal immigrant from Guatemala, of first degree murder with special circumstances in the death of 2 year old Cesar Razo.

Now the sentencing phase has proceeded to determine whether Mr. Casteneda should be sentenced to life in prison without the possibility of parole or to death. In the penalty phase the prosecutor, Keith Watanabe, will introduce evidence in aggravation to show why the jury should come back with a death verdict.

Mr. Casteneda's attorney will introduce evidence in mitigation usually in the form of testimony of his parents, family members and other loved ones. It appears that the jury may be deadlocked on whether to impose death or life without the possibility of parole. I will keep you apprised!

Jury Signals Split Over Execution For Killer, North County Times, July 2, 2009

Struggling Ramona businessman, James A. Kurtenbach, is being prosecuted for murder and arson charges. Mr. Kurtenbach, 48, is accused of arranging his house to be burned down by one of his employees, Joseph Nesheiwat, who died in an explosion while burning down the rental home on Mount Woodson drive. Mr. Kurtenbach has plead not guilty to all charges.

San Diego County prosecutors allege Mr. Kurtenbach's motive for burning down this home was do to financial troubles stemming from back property and other taxes on homes he owned. The home was insured for about $900,000 had he collected the insurance proceeds. He allegedly has overdue $39,543.21 in property taxes from 2006 on this home and $16,000 on another home in Poway in addition to $3 million dollars in unpaid sales taxes generated by his gas station business.

Trial is scheduled for January 12, 2010 at the El Cajon Courthouse. Witnesses are expected to testify that Mr. Kurtenbach made occasional statements about burning down the house. He is currently out on a $2 million dollar bond.

In San Diego, Matt Bush, former San Diego Padres number one draft pick who was traded to Toronto, was arrested in Mission Valley and booked into the Central Detention Facility on driving under the influence (dui), driving on a suspended license, vandalism and resisting arrest charges.

San Diego Police were investigating a road rage incident and when they contacted Mr. Bush he was acting erratically. Unfortunately,the dui arrest comes just weeks after Bush pleaded guilty to a drunken assault at Granite Hills High School that occurred in February.

Mr. Bush is going to need an experienced criminal defense attorney knowledgeable in DUI representation to help him out of this pending case and the violation of probation assault case.

Former Padres Player Matt Bush Arrested Again, 10 News.com, June 30, 2009

It's no surprise, we all knew that Mr. Bernard Madoff would get the maximum sentence of 150 years behind bars, not the 12 years his lawyer was requesting, for bilking and defrauding thousands of investors to a tune of $13.2 billion dollars. Simply, the 71 year old Madoff will die in prison.

U.S. District Judge Denny Chin described the fraud scheme as an "extraordinary evil" and the lengthy prison term was meant to symbolically fit the multi-billion dollar fraud committed on his victims. Mr. Madoff did make a statement at his sentencing hearing apologizing calmly to those in attendance. "i will turn and face you, I'm sorry. I know that doesn't help you."

Mr. Madoff's wife, Ruth, also jumped in on the media frenzy and made a statement that she too was also misled by her husband. "I am embarrassed and ashamed...Like everyone else, I feel betrayed and confused."

Mr. Madoff claims he was acting alone in the ponzi fraud scheme but law enforcement's investigation continues and it is more likely than not that at least 10 more people are going to face federal criminal charges. These persons better hire competent counsel experienced in white collar crimes or their sentences may be as severe as Mr. Madoff's.

Judge Chin indicated he would recommend a prison faciity in the Northeast but explained that it was up to the Federal Prison Officials to determine the exact facility where Mr. Madoff will be housed.

This sentence hearing ends the Madoff saga for now but be rest assured appeals and other motions will be made!

Madoff gets maximum 150 years in prison, North County Times, June 29, 2009