San Diego Criminal Lawyers Blog

July 31, 2020

What are the Five Most Dangerous Cities in California?

Crime in America is not something that occurs in only some states; every state has its hotspots where criminal incidents are high. In California, according to the Department of Justice’s Crime Data report, violent crime decreased by 1.5% from 2017 to 2018. The homicide rate also decreased by 4.3%. Other notable decreases in crime include:

Robberies were down 4.5%
Motor vehicle theft decreased by 8.3%
Larceny theft was down by 3.7%

Even the total arrest rate in California was reported to have decreased by 1.1% from 2017. Although the trend from 2017 to 2018 showed a decreased rate of crime, there is no question that some cities are far more dangerous than others.

What Were the Five Most Dangerous Cities in California in 2019?

Eureka is not just an unsafe city for the state of California, but it tops the charts as one of the most unsafe in the nation. There are more than 1,700 crimes reported each year in the city. The majority are property crimes, but there is a significant portion made up of violent crimes. Approximately 244 reported crimes out of the total are violent.

Commerce, located in Los Angeles County, has over 9,000 property crimes reported for every 100,000 people. Burglary, theft, and motor vehicle theft have significantly higher rates in Commerce than compared to the rest of the country. While there has been a dip in violent crime in the city, murder, rape, and assault incidents are also higher when compared to the U.S. as a whole.

Red Bluff comes with a crime rate that is 168% higher than all the crimes reported in the whole state of California. If you visit Red Bluff, you have a 1 in 17 chance of becoming a victim of a crime.

Oakland is a big city — the eighth largest in California. Residents are at high risk for both property crime and violent crimes there. Living in Oakland, you have a 1 in 7.6 chance of being the victim of a violent crime. Crime in Oakland is almost 160% higher than the national average.

Emeryville, located north of Oakland, has the most property crimes reported versus any other city in the state of California. The violent crime rate is seeing a decrease, but it is still much higher than in other cities in the state. Emeryville has been the most dangerous city in California for three consecutive years, 2017, 2018, and 2019.

July 24, 2020

Betty Broderick Denied Parole for a Second Time

by David M. Boertje

There are those who would not have sentenced Betty Broderick to prison and those who believe her sentence was just and that prison time was deserved. In 2017, Betty had the chance at parole but was denied. Betty never refuted that she shot her ex-husband and his young wife, but she did explain that she was a battered woman at the hands of her ex-husband and she committed the murders when her life circumstances became so overwhelming that she snapped. There have been numerous television shows and movies inspired by the crime.

What is Betty Broderick’s Story?

In 1965, Betty and Dan Broderick met during a Notre Dame football weekend in South Bend, Indiana. At the time of their meeting, Dan was a senior in college and Betty attended an all-girls Catholic school in the Bronx. While Dan was living at school, Betty lived at home with her family. Dan was immediately taken with the pretty young blonde and was in constant communication with her. According to Betty, they were very similar and both had the same dreams for their future, including enhanced social status and a large family.

In 1969 Dan and Betty married, and by 1970 they became new parents to their daughter, Kimberly. Dan attended medical school and then pursued a law degree at Harvard Law School. In 1971, the couple moved to Massachusetts and had their second daughter, Lee. By 1973, Dan was hired at a Law Firm in San Diego, California, and moved to a beautiful beachfront community. The couple then went on to have more children, Daniel in 1976 and Rhett in 1979.

The Brodericks lived a luxurious life of country clubs and vacations, their children went to private schools and they appeared to have the perfect existence. But they argued quite frequently and sometimes the fights were violent. The children’s home life was volatile. In 1983 Dan hired a young legal assistant, Linda Kolkena, who looked strikingly similar to Betty in her younger years. After working together, Dan had an affair with Linda.

Betty found out about the indiscretions of her husband and eventually, after a tumultuous multi-year process, divorced him. Dan and Linda went on to marry. More turbulent times ensued between Betty and Dan. Betty was bent on revenge and broke into the home of Dan and his new wife Linda, where she shot both of them while they slept.

July 17, 2020

Police Shoot Woman Who Brandished a Knife and Punched a Police Canine

by David M. Boertje

On Saturday, May 23, a woman allegedly brandished a knife and fought a police canine in the East Village. According to the San Diego Police Department, an officer shot and wounded her. The incident was reported at 9:50 p.m. in the 500 block of Park Boulevard. Witnesses called the police to report being hit by glass that the 26-year-old woman was throwing at them from an upper-level apartment.

Lt. Andra Brown of the SDPD said that upon arrival, broken glass and furniture were seen on the sidewalk. Officers attempted to talk with the woman, but this did not stop her from throwing items from her apartment window. Officers also noted that she was seen at her window with a knife.

The officers were able to get into her apartment where they found her barricaded in her bathroom. They continued to try and speak with her and used a variety of techniques to get her to come out of her bathroom including chemical agents and a police canine. The woman allegedly punched the canine and was threatening officers with the knife. In response, one officer shot the woman. Once she was down, they engaged in first aid and also called the paramedics.

None of the officers nor the canine sustained injuries from the incident. Homicide detectives investigated the incident because of the officer’s action to shoot the woman. They found the knife in the apartment. The officer that shot the woman was not named and the woman’s identity was not released. It is known that the officer was with the SDPD for over 11 years. Upon completion of the investigation, the San Diego County District Attorney’s Office will review it and decide if criminal liability exists.

In addition to the homicide detectives’ investigation, Internal Affairs will also review the incident to see if any policy violations took place. The Shooting Review Board will look at the actions that the officer took to ensure they were proper and the Community Review Board on Police Practices will inspect the details of the incident. Last, the Federal Bureau of Investigations and the U.S. Attorney’s Office will be keeping watch over the investigation.

When can an Officer Shoot a Firearm?

Law enforcement officers are legally allowed to use deadly force if there is a reasonable belief that the incident they are involved in has an impending threat of lethal force coming their way. They can also use their firearm if they believe there is a potential for another officer or a member of the public to be the recipient of deadly force.

The idea of what is “reasonable,” the details of the situation, and the information the officer has at the moment comes into play when evaluating a shooting incident. Under the penal code, officers are able to evaluate a situation and use the necessary force required to control it. Officers can use force when there is resistance or if they determine it is appropriate to try and stop themselves or another person from being hurt or killed.

July 10, 2020

Man Arrested After Shooting Incident At 200 Southlook Ave

by David M. Boertje

A shooting was reported to have taken place in the Mountain View area recently. Police said that there was a verbal argument between two groups on the 200 block of Southlook Avenue a bit before 9:00 p.m. on a Saturday. The responding officer explained that the argument quickly turned violent when at least one person shot off many bullets into a crowd of people. As the shots were fired, the crowd dispersed and many people fled the scene. One man, a 27-year-old, was shot in the back. He was transported to the local hospital for treatment. It is believed that his injuries are not life-threatening. The SPPD arrested one 18-year-old man in connection with the incident. The shooting was believed to be gang-related.

How Does San Diego Respond to Gang Activity?

There are 10 teams of uniformed officers and criminal investigators that make up the San Diego Street Gang Unit. They are divided into three categories:

Gang Suppression Team which is in operation every day of the week, every week of the year patrolling the streets where gang activity and crimes are the highest.
Graffiti Strike Force watches for new groups that splinter off into and begin developing their own criminal gang network. A group is considered a gang when the following criteria are met:
- A group name or an identifiable leader
- The group claims an area of the city or their turf, is a criminal enterprise, or engages in criminal activity that causes or contributes to the decline of a community
- The group meets regularly
- The group commits two or more felonies as listed in PC 186.22f

Gang Investigations are most focused on felony crimes committed by gang members and are specifically tasked with the removal of the most violent gang offenders from the public sphere.

Together the Street Gang Unit’s goal is to crack down on gang-related crime and reduce membership in gangs in the city. The city takes gang violence and crime seriously by forcefully prosecuting gang members. Everything from secret surveillance systems to special operations and fieldwork help the unit find and arrest San Diego gang members. Reducing gang activity is important to keeping the neighborhoods in the city and the residents safe.

Are You Facing San Diego Violent Crime Charges and Need Legal Representation?

The Law Offices of David M. Boerjte can help you when you have been arrested and charged with a San Diego violent crime. Our law firm has successfully represented individuals charged with:

Assault and Battery
Domestic Violence
Hate Crimes
Arson
Manslaughter
Illegal Possession of Weapons,
Homicide
Attempted Murder

July 3, 2020

Police May Start Citing Californians Who Refuse to Wear Masks in Public

by David M. Boertje

In June, Governor Gavin Newsom issued an executive order that requires all people who are outside of their homes to have a mask on. People in California have been mandated to have a mask on at all times if they are not at home, and that includes wearing one while walking about outside. Supporting Gov. Newsom’s order is Los Angeles Mayor Eric Garcetti, who has also ordered those in L.A. to be wearing a mask outside their private homes. However, despite these orders, one Los Angeles Councilman says there are too many people in his district who are not adhering to the requirements and are not wearing masks.

Councilman Paul Koretz who represents Bel Air, Westwood, Culver City, Encino, Palms, and South Robertson, says that he sees far too many people walking around his district directly disobeying the mandate. Koretz suggested that there be punishments for those who are not wearing their masks by considering refusal to wear one to be reckless endangerment. Now an L.A. City Council committee is exploring ways to motivate residents to wear masks to help stop the spread of the coronavirus. Recommendations include forms of enforcement including the issuing of citations in addition to a public education campaign explaining the need for masks.

Imperial County in California has been negatively impacted by the virus the most in recent weeks. This county, outside of San Diego, is nearing 23% for their test positivity rate over a two-week period. More testing and increased numbers in hospitalization rates from the virus are causing great unease across the state.

Gov. Newsom announced that he is leaving the COVID-preventative restrictions to be decided by officials in their respective counties. However, if these counties are unable to figure out an effective way of getting their residents to wear masks, Newsom said he would intervene. Newsome urged officials in Imperial County to re-issue the stay-at-home order and shut back down.

How Does the Los Angeles Police Department Feel About Mask Enforcement Measures?

Newsom warned the state that those counties that will not comply with widespread maks-wearing will risk losing some of the $2.5 billion COVID-19 funding. The LAPD has tried to stay on the sidelines thus far, hoping that the public would overwhelmingly decide to wear their masks on their own. Police officials would prefer not to have to issue citations and fines to individuals without masks. There were cases reported of incidents in which people were charged with trespassing when they would not use their masks inside a private business.

June 26, 2020

Authorities Crack Down on Illegal Dispensaries in Chula Vista

by David M. Boertje

At least $10 million in products, close to $100,000 in cash, and five guns were all confiscated by police as a result of raids on illegal marijuana dispensaries in Chula Vista. The police also arrested 15 individuals who were working the illegal operations in addition to one customer. Police Lt. Dan Peak said that the arrests led to six felony and 10 misdemeanor charges.

Residents in the area complained about the illegal operations that were largely located near elementary schools. In 2018, Chula Vista legalized dispensaries but have not issued permits leading to legal cannabis operations. Since 2014, there have been over 50 dispensaries shut down by authorities. Dispensaries that are shut down will often simply reopen after a period of time or relocate their operations, making the initiative to close these businesses down very difficult.

Not only are operations illegal, police argue that they are unsafe for the public. Modifications done to buildings are not approved or inspected and could be a fire hazard or otherwise trap people in an emergency situation. The increase in pressure for recent enforcement measures has upped the ante from civil proceedings to criminal charges. April alone saw six criminal complaints filed. The local police and the City Attorney’s Office with the San Diego County District Attorney’s Office will not back down. These officials plan to continue moving forward with criminal enforcement on those locations which are illegally selling marijuana. The police indicated that at any given time, there are numerous illegally-operating dispensaries.

Marijuana Laws in California

Individuals aged 21 years or older are permitted to have a maximum of 28.5 grams of marijuana in their possession or up to eight grams of concentrated cannabis. Consuming marijuana must be done on private property. If you rent an apartment and the landlord has not given consent for smoking, you are not permitted to smoke. Also, any location where tobacco is prohibited, marijuana is also not allowed.

The cultivation of plants is legal. Individuals aged 21 years or older are allowed to grow up to six marijuana plants indoors or outdoors in areas where it is permitted through local regulations. To do business, both a state and local license are necessary. Without a license, selling marijuana is still a crime in the state of California. Licenses are issued by the Bureau of Marijuana Control. Also, selling to a minor is illegal and comes with felony charges.

Other laws say that driving with marijuana can garner you a fine of up to $100. Those who require medical marijuana can obtain it through non-profit medical marijuana dispensaries. Continue reading

June 19, 2020

More Than 100 Arrested in San Diego Protests Over George Floyd’s Murder

by David M. Boertje

Protests over the killing of of George Floyd by a police officer in downtown Minneapolis came with waves of violence and looting across the country. In San Diego, the aftermath of prolonged protests that melded with rowdy rioters was over 100 arrests being made by the San Diego Police Department. At approximately 2:30 a.m. on Monday, June 1, the SDPD announced that the charges were diverse and included failure to disperse, assaulting officers, burglary, and vandalism.

Due to the unrest, officials decided to close all state buildings with offices located in the downtown area of the city on Monday. Amy Palmer, the spokeswoman for the state Government Operations Agency indicated that the decision was made after discussions between the California Highway Patrol and the Office of Emergency Services, where it was determined that the closures were necessary. The Department of Motor Vehicles all the way through offices that act to license workers and those that provide healthcare were closed down while urging those employees who can work from home to continue to do so.

The protests contained very tense moments. At one point, traffic on Interstate 5 was shut down by the protesters’ presence in the streets. In some instances, officers fired tear gas, flashbangs, and used less-lethal ammunition to control the unruly crowds. Much destruction to the community was left afterward. After the protests subsided, a large group of volunteers spent their day cleaning up businesses that were damaged and picked up debris on the ground from the chaos that took place earlier.

What is Considered “Vandalism”?

When an individual is determined and intent to destroy or bring about damages to property by way of trashing or tarnishing the appearance of the property, defacing it, or ruining it in such a way that its value is decreased, this act is considered vandalism. Vandalism is a willful crime and can include any of the following acts:

Using a marker to write on a public bench
Carving words, letters, or symbols into a public tree
Scratching up a car or slashing tires
Smashing windows
Spray painting buildings

There are other terms that are used synonymously “vandalism.” These include “destruction of property” and “damage to property.” Depending on the state you live in, these terms may describe more serious forms of property destruction. Other states use these terms in tandem with vandalism keeping the crimes in the same category. Crimes associated with vandalism, therefore, vary by state, and as such, so do the penalties.

In general, in order for you to be proven guilty of committing vandalism, the prosecutor must successfully make the case that the following took place:

Your acts resulted in physical damage
Your damage was done to another owner’s property who did not give you permission to change their property’s appearance
Your acts were done intentionally, not by accident

June 12, 2020

San Diego Police Arrest Two Juveniles in Connection With Lawrence Furchell Murder

by David M. Boertje

Two juveniles have been arrested for participation in the death of a 16-year-old boy who was found beaten and lying on a San Diego Street on Wednesday, April 15. San Diego Police Lt. Matt Dobbs said that the homicide was reported at 10:30 a.m. in the 3000 block of C Street in the Golden Hill area. When officers arrived at the scene they found the boy, identified as Lawrence Furchell, laying in the street with head trauma. The officials provided aid to the boy until an ambulance came to transport Furchell to the local hospital for treatment. Furchell died in the hospital.

Homicide investigators were evaluating the scene to determine how the incident took place. They indicated that Furchell was riding in a large black SUV and he suffered blunt force trauma to the head. The two boys who were arrested in connection with the crime were aged 17 and 16. They were booked into juvenile hall on suspicion of murder.

Investigators are still assessing the incident and piecing together the crime scene to determine how the murder happened and why. They are asking the public to contact the homicide unit with any information related to the murder.

How Are Juvenile Crimes Handled in California?

Criminal defendants under the age of 18 can be sent to either juvenile court or tried in adult court, depending on the crime. If sent to juvenile court, there is no jury. A judge will review their case and determine whether or not the juvenile is guilty of a crime. Punishments for young offenders can range from moderate to severe, depending on the crime and the defendant’s criminal history.

Juvenile court may sentence the child to incarceration or non-incarceration punishments. Incarceration options could include:

House arrest
Removal from home shared with parents or guardian to a foster home or group home
Juvenile hall
Probation
Secured juvenile facility
Adult jail
Combination of juvenile facility until the age of 18 then to an adult jail

If a juvenile is at least 14 years of age, the crimes that could put him or her in front of an adult court include:

First degree murder
Rape
Forcible sex offenses with the help of other people
Forcible lewd acts on a child under 14 years of age
Forcible penetration by a foreign object
Sodomy by force or violence

Get the Help You Need From a San Diego Criminal Defense Lawyer

The outcome of your child’s case will stick with him or her for life. If your child is being tried in adult court for murder, he or she could be looking at 25 years to life in prison. It is imperative that if you or a loved one is charged with a San Diego County murder that you immediately seek the counsel of an experienced San Diego murder and homicide defense attorney.

June 4, 2020

San Diego Police Searching for Suspected Murderer

by David M. Boertje

According to San Diego Police, a suspect who killed a man in Lincoln Park is on the lam. The suspect was identified as Michael Anderson, 35-years-of-age, who allegedly murdered 21-year-old Timothy Stewart on March 16. Initially, rescue teams transported Stewart to the Paradise Valley Hospital to obtain aid for injuries to his upper body. At the hospital, Steward succumbed to his injuries.

The incident took place on the 5000 block of Logan Avenue, authorities from the SDPD said. The SDPD has a description of Anderson as a 6-feet tall male who weighs approximately 190 pounds. He has black hair and brown eyes. The SDPD is asking the public to help if they have any information on where Anderson may be hiding out but warn that he is believed to be armed and dangerous.

San Diego Crime Statistics From January 2019 to August 2019

According to the City of San Diego’s Police Department crime statistic map, during the eight-month period between January 2019 through August 2019, the following took place:

31 murders
364 rapes
385 armed robberies
2,198 assaults

The East Village neighborhood had the highest number of murders during this timeframe. There are 3,086 individuals in the state of California who will lose their lives to guns every year. The state comes in at 44 for the most gun deaths when compared to the rest of the country. According to statistics, the state has 51% of their reported gun deaths from suicide, while 44% of gun deaths are from homicides. Across the nation, 61% of Americans kill themselves with guns, and the gun-related homicide rate is 35%.

There are 58 counties in the state of California. Of all the counties that call California home, Los Angeles, San Diego, and Santa Clara counties have the highest gun violence and death rates. There are close to 1,500 deaths by gun homicide each year in the state, making California the 28th-highest for gun-related murders in the country. Black people are affected by gun violence the most. Black people have a 10 times higher rate of death by guns than white people.

Have You Been Charged With Murder and Need a San Diego Defense Attorney?

A felony is the most serious charge you can face, with first-degree felonies receiving the absolute highest punishment for crimes. Any individual who engages in terrorism, treason, murder, rape, arson, robbery, burglary, or kidnapping can be charged with a felony. When you are arrested for felony murder in California, you are looking at many years behind bars, with the potential of never being free. You may even face death. Continue reading

May 29, 2020

Misdemeanor Charges Threatening San Diego Freedom Rally Protest Organizer

by David M. Boertje

Governor Gavin Newsom through Executive Order N-33-20 made the determination that all Californians had to stay-at-home amid the pandemic. Effective as of March 19, the state was essentially shut-down. Now, weeks later, with businesses shut down, massive job losses, and increasing unrest, some people are ignoring the order and hitting the streets.

Naomi Soria, 27, is one of these Californians who openly opposes the stay-at-home order so much so she organized a protest in downtown San Diego. Soria, along with hundreds of other protestors, congregated on Saturday afternoon in front of the Hall of Justice demonstrating during a “Freedom Rally.” Now Soria is facing a legal battle as she is being threatened with potential misdemeanor charges for organizing and ignoring the governor’s order. With the misdemeanor charges, she is possibly facing 90 days in jail as well as a pricey $1,000 fine.

According to the SDPD, Soria is the only one of the hundreds of protestors that demonstrated to have a case submitted to the city attorney’s office. A spokesperson for the SDPD explained that because she was the organizer of the rally, she was in violation of the stay-at-home order. Soria remains defiant as she continues to exercise her constitutional rights arguing that she is protected by “all the amendments.”

The Center for American Liberty (CAL), a nonprofit organization is providing legal representation to Naomi Soria. This organization is also active in its efforts to oppose the public health order. CAL filed a lawsuit against Gov. Newsom because the order prohibited in-person church services.

Soria plans to continue to hold protests despite the threat of charges. The SDPD said they are aware of the future gatherings and have indicated that if they do take place, they may recommend additional charges be brought against her.

Are There Individuals Who Oppose These Freedom Demonstrations?

There are individuals and groups that oppose Soria’s efforts. The belief is that there should have been citations given to the protestors who ignored the orders of not gathering in large groups and not staying six feet apart.

Some religious leaders also questioned the authorities’ response to the gathering. They wanted to know why protestors were allowed to gather without penalty while churches will be penalized if they have in-person church services. The SDPD has responded by saying that although the events were not prevented from happening, there would still be legal repercussions, specifically for the organizers of the demonstrations.

Get the Help You Need From a San Diego Criminal Defense Lawyer

Soria’s legal team is aggressively defending her right to participate in constitutionally protected activities such as the right to assemble and the right to petition the government. Soria’s actions have put her in violation of Code 8665 because she willingly neglects to obey the public health order. Continue reading