San Diego Criminal Attorneys Blog

Early morning on Monday, July 19, 2011, San Diego was shocked by the murder of a veteran police detective, Donna Williams 52, and her teenage daughter, Briana Williams 18. Both women were stabbed to death early Monday morning in their Rancho Penasquitos home. Residents in the area said they were startled by screams, at 1 a.m. Monday morning. Witnesses said screams were originating from the Williams home which pierced the silence. One witness who heard the screams of pain was so startled that she was scared to look outside to see what was happening.

Donna Williams, was a veteran Police Detective who had been working for the San Diego Police Department for over 30 years. She also worked as a child abuse investigator and recently on a high profile case of the 2002 murder of Danielle Van Dam. Co-workers and friends of Donna Williams stated that she was a very caring person with a warm welcoming heart.

Briana Williams know as Bree just graduated from Mt. Carmel High School and planned to continue her education at the Academy of Art University in San Francisco this fall. She also played softball for the San Diego Renegades a traveling softball team, and was a very talented athlete. Don Portugal her couch described her as a caring, hard working and talented athlete.

Mrs. Williams was found dead when police arrived on the scene. Police found Bree Williams outside on a walkway appearing to have fallen or was pushed from the second story. Bree also received severe wounds from a knife. When police entered the home they also found Donna Williams who had been stabbed to death. Arriving paramedics were unable to save Bree Williams who was dying when police arrived on the scene.

The primary suspect of the murder is Brian Williams, 24, who is the son of Donna Williams and brother of Bree Williams. He was found sitting calmly next to his dying sister when police arrived on the scene. He was arrested for suspected murder, and was taken peacefully and without resistance. Police commented that Brian Williams did not appear to be under the influences of any drugs during arrest.

Source:
RANCHO PENASQUITOS: SDPD veteran, Mt. Carmel grad identified as stabbing victims, North County Times

Eric Anthony Pomatto, a 27 year old Escondido man, plead guilty of attempted murder on Monday at the Vista Court House. His sentencing, which will take place in July is expected to be 34 years to life. The crime was committed last year, during a car chase which resulted in Mr. Pomatto firing upon Police Officers out of the windows of the stolen vehicle. The chase began around 6:15 and started in the southeastern portion of Escondido and ended in the Westfeild Shopping Center Parking lot.

For more information describing the series of events of Mr. Pomatto's crimes visit here.

Article can be found here:
North County Times by Teri Figeueroa

Eighteen year old Jugo Elmer Garcia, an illegal immigrant, was arrested Wednesday night on suspicion of armed robbery, rape and carjacking on East Valley Parkway in Escondido.

The first part of Mr. Garcia's crime spree started at 1690 East Valley Parkway where he assaulted and robbed a lone store clerk in a small strip mall. Mr. Garcia held her at gun point and raped her and then proceeded to take several items from the store along with the store clerk's vehicle, a 2000 Ford Expedition. The Police call came in at 5:07 p.m confirmed by Lt. Mark Wrisley.

Mr. Garcia returned several hours later to a nearby location where he tried to commit another series of crimes. He attempted to rob another woman, however, she was able to quickly run to a near-by gas station and call 911.

In light of this new information two U.S. Immigration and Customs Enforcement officers and police officers were able to catch the suspect. They had spotted the stolen vehicle in a parking lot on along East Valley Parkway. They detained Mr. Garcia and found the gun inside his vehicle which was not used to avoid the police detention.

Mr. Garcia was booked into the Vista Detention Center on suspicion of the crimes he committed, which include armed robbery, possession of a loaded firearm, auto theft, rape, and attempted robbery. After the criminal investigation, Officers have determined Mr. Garcia was in the County illegally even after a Judge's deportation order.

Article can be found here:
North County Times, by Morgan Cook

Actor, Shelley Malil, appeared Wednesday in a Vista courtroom for trial on charges of attempted murder, assault with a deadly weapon and burglary. Many of you may remember Shelley Malil and his role in the hit 2005 comedy, "The 40-Year-Old Virgin", but he has also appeared in a Super Bowl beer commercial as well as numerous television programs. In August 2008, he allegedly assaulted Kendra Beebe allegedly fueled by rage and jealously. Mr. Malil pleaded not guilty to all three charges-attempted murder, assault with a deadly weapon, and burglary-against him.

Mr. Malil faces a potential life sentence in prison because the prosecution, Deputy District Attorney Watanabe, says that the attack was planned out (premeditated) by Mr. Malil. Evidence supprotingg the prosecutions' theory is the alleged bringinga knife from his apartment to Ms. Beebe's home and then breaking in and assaulting her. Mr. Malil allegedly 'surprised' Ms. Beebe on her back patio while she was having a drink with one of her friends. It was at this time when Mr. Malil started his attack stabbing Ms. Bebee several times.

Ms. Beebe's friend stated that he was able to wrestle the knife away from Mr. Malil but then left to go get help. But while he was gone, Mr. Malil allegedly grabbed another knife, according to prosecution attorney Watanabe, and continued the violent stabbing of Ms. Beebe. Finally, the attack ended when her next door neighbor responded to an array of screams. It is alleged that Ms. Kendra Beebe suffered at least 23 stab wounds several of which were life threatening, one of which was within an eight of an inch of her carotid artery.

Background information gathered allowed prosecution to find that Mr. Malil and Ms. Beebe met on and online dating site, but their relationship was rocky and very troublesome. During the falling out of the relationship Mr. Malil had e-mailed photos of him and Mr. Beebe having sexual intercourse to her employers. Nevertheless a week before the attack the couple appeared together at a red-carpet event of a Woody Allen movie.

The full article can be found here: REGION: Attempted murder trial for actor Shelley Malil set to begin

A 28 year old man, who legally changed his name from Jon Koppenhaver to War Machine was sentenced on Tuesday after pleading guilty to felony assault charges. War Machine, a former mixed martial arts fighter, assaulted a female bar tender as well as punching a bouncer in two separate bar attacks. The assaults happened in February and March where he punched a bouncer and assaulted the female bar tender at a club in Point Loma. War Machine didn't actually strike the female bar tender but by pushing bottles off the bar toward her. At the time of both attacks War Machine was on probation for a misdemeanor assault conviction from 2008.

Judge David Danielsen initially refused the plea agreement because he felt that War Machine's poor attitude would make him unable to comply with terms of probation and would just allow him to get out of jail custody quicker. However, at Tuesday's hearing War Machine presented a three page letter explaining his willingness to comply with terms of probation and his wish to stay out of prison. He further stated that he wants to turn his life around and he has already messed his life up enough. He told the judge Danielson that he recently got married and plans to open a gym with one of his friends once he gets out of jail. Judge Danielsen agreed to give him one shot at probation sentencing with terms and conditions including one year in jail and to stay away from alcohol for three years as well as getting treatment, therapy and or counseling for his anger issues.

More and more these days, person's in the public eye including athletes and actors are finding themselves in the criminal justice system for their juvenile or misguided actions that could have been easily prevented by utilizing some restraint and or good judgment. I have represented both athletes and actors and they are just like the rest of us who from time to time do not make the best decisions even though, a lot of the time, the public puts them through a higher standard!

To find the full article visit here: War Machine gets year in jail, probation 8/24/2010

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

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.

Continue reading "Violent Crime Road Rage in San Diego" »