San Diego Criminal Attorneys Blog

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

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

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

Another road rage incident in San Diego. Violent crimes seem to be increasing in San Diego County especially in the North County. Every day I read incidents of robberies, stabbing and now another road rage case where an 18 year old driver was attacked by another driver with a baseball bat.

The 18 year old driver was driving home from a friend's house in the early hours (2:27a.m.) when he and the other driver engaged each other in a vehicle confrontation while driving. The young man pulled over and was attacked by the other driver with an aluminum baseball bat. He was treated at a hospital for non-life threatening injuries.

Please protect yourself and make good choices in these situations. It's never a good idea to engage in road rage confrontations while driving and do not pull over and exit your car as you never know who you are engaging! However, if you are arrested for reckless driving or road rage incident, please call my firm to talk to a criminal defense attorney who is experienced in defending these charges.

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