Criminal Defense

February 10, 2016

Gov. Brown Denies Parole For SD Officer’s Killer

Early this New year, Governor Jerry Brown has once again denied parole to a former gang member who was convicted of fatally shooting a San Diego police officer in 1978. Jesus Salvador Cecena, 54, was only 17 when he was convicted of first-degree murder for shooting Officer Archie Buggs four times at a traffic stop, in the Skyline neighborhood. This marks the second year in a row the governor reversed the Board’s decision to recommend Cecena for parole. A two-member panel had announced its decision during an August 2015 hearing, citing that he had met the standards under a new law meant to assist prisoners serving long sentences for crimes committed as juveniles. The local police department there obviously launched a campaign against this decision to allow Cecena for parole.

While Brown acknowledged Cecena’s young age at the time, the Governor said in his statement he still believes Cecena would be a threat to society if he were to be released from prison. He claims that Cecena still has not given a credible explanation for his actions. At the sentencing in the late 1970’s a judge noted the evidence indicated the shooting was calculated and deliberate. Cecena was sentenced to life in prison and has been locked up since 1979.

The new law referred to be the parole board says the parole board must give “great weight to the diminished culpability of juveniles” and also consider the prisoner’s “maturity and rehabilitation in prison.” Cecena’s prison record indicates he has disavowed association with prison gangs and helps mentor younger prisoners.

February 3, 2016

Local Company Owners Indicted in $7M Hotel-Worker Fraud Case

by David M. Boertje

The owners of Good Neighbor Services, an Orange County based janitorial company that provides cleaning services to luxury hotels across Southern California, have been indicted in a $7 million insurance fraud and tax evasion scheme that has allegedly lasted over 10 years.

Hyok “Steven” Kwon and Woo “Stephanie” Kwon, from Irvine California, are accused of working with six accomplices to vastly underreport the number of employees they employ to avoid taxes. It is reported the Kwons underreported their number of employees by 800 people, resulting in the avoidance of $3.6 million in workers’ compensation insurance rates and more than $3.3 million in payroll taxes. San Diego District Attorney Bonnie Dumanis called it the largest ever insurance premium fraud case in San Diego history.

During the course of the investigation, employees said they were paid with checks that carried the names of other businesses, even though they wore uniforms with the Good Neighbor Services logo. The DA’s investigation discovered the Kwons were using 12 different shell companies to defraud insurance providers and the state of California. They also claim they did not receive overtime pay or workers compensation benefits. Additionally, workers who were injured on the job were allegedly threatened with being fired.

January 29, 2016

Russell Taylor, Jared Fogle’s Accomplice, Sentenced to 27 Years

by David M. Boertje

Russell Taylor, the man who was accused of being Jared Fogle’s accomplice in a child pornography ring, was sentenced to 27 years in federal prison by Judge Tanya Walton Pratt, on December 10, 2015. Mr. Taylor is convicted of producing and distributing child pornography, specifically to Jared Fogle, the former Subway spokesperson. He used hidden cameras to photograph children as young as age nine in sexually explicit acts.

Mr. Taylor’s sentence was eight years less than what prosecutors sought for 12 counts of producing child pornography and one count of distributing it. However, it was more than the 15 to 23 years that Taylor’s attorneys requested. The judge rejected Taylor’s argument that he was just Fogle’s pawn, but recognized that he cooperated with authorities in Fogle’s prosecution. She noted that Taylor did not deserve to spend more time in prison than Fogle, who faces up to 50 years. It is reported that 12 victims are involved in the child porn production case, many of whom are Taylor’s own nieces and nephews.

What is a Criminal Accomplice?

A criminal accomplice is generally defined as someone who “knowingly, voluntarily, or intentionally gives assistance to another in (or in some cases fails to prevent another from) the commission of a crime.”

Under California law, criminal accomplice liability is also known as ‘aiding and abetting.’ CA Penal Code § 30-33 allows for the prosecution for anyone who encourages, facilitates, or aids in the commission of a crime, no matter how insignificant his or her role was. Presence at the crime scene is not required, and the involvement can be as simple as drawing the perpetrators a map or supplying the weapons used.

Aiding and abetting during the crime is known as an ‘accessory before the fact.’ There is no legal distinction between being an accessory or an actual perpetrator when it comes to sentencing. The penalties for being a criminal accomplice depend on the crime that was committed.

Legal Defenses

Typical legal defenses for aiding and abetting include:

You were falsely accused;
You withdrew from the participation before the crime in question was committed;
You were merely present at the scene, and did not actually aid or encourage the crime;
You only facilitated the crime after its commission (which allows for lesser penalties).

Mere knowledge about the crime that is about to be commissioned is not enough to warrant a conviction for aiding and abetting. However, you must show you took steps to try to prevent the crime. Continue reading

January 22, 2016

Hung Jury in the First of the Freddie Gray Trials

by David M. Boertje

Last April, the U.S. Department of Justice opened up a civil rights investigation over the death of Freddie Gray while he was in the custody of the Baltimore police. His neck was somehow broken and spinal cord severed whilst in transport to the police station.

Now, the trial of one of the six officers who have been charged in the case, William Porter, has resulted in a ‘mistrial. Mr. Porter faced four charges:

Second-degree assault

January 20, 2016

Citrus Heights Holiday Package Thief Arrested

by David M. Boertje

In a case of “bah humbug,” a female suspect was arrested on December 18th for allegedly committing a string of package and mail thefts off of people’s porches in Citrus Heights, California. According to the Citrus Heights Police Department, Donna Marie Sieverin, 39, was arrested at her home in Sacramento for allegedly stealing Christmas gifts and mail from over 10 victims. She was on searchable probation from a previous burglary offense at the time of her arrest.

Ms. Sieverin was arrested after one mail theft victim, a homeowner in the area, caught her on a surveillance video and turned it into the media and police. The Citrus Heights Police Department states that it is utilizing “bait” packages throughout the city to help capture other suspects who may be committing similar thefts. Recently, package theft has been on the rise during the holiday season throughout the area.

It is a Crime to Steal Someone’s Christmas Package

January 15, 2016

An Epidemic of Questionable Arrests by School Police

by David M. Boertje

According to a report by the Center for Public Integrity, there have been tens of thousands of questionable juvenile arrests that have occurred throughout San Bernardino County in the last decade. The arrests were so numerous in the Inland Empire that they surpassed arrests of juveniles by municipal police in some of California’s biggest cities such as Sacramento, Oakland, and San Francisco. Specifically, the San Bernardino City Unified School District has its own police department staffed with 28 cops, eight support staff, and more than 50 campus security officers trained in handcuffing and baton use.

Between 2005 and 2014, the department made over 30,000 arrests of school children, 10 times the national rate of juvenile arrests. While the area has a reputation for high levels of youth-gang crime, only 9% of those arrests were for alleged felonies. Instead, the vast majority of arrests were for minors violating city ordinances such as graffiti violations or daytime curfews, and 9,900 were for allegations of disturbing the peace. This is about a third of all the arrests made.

Disturbing the peace is a frequent catch-all that is used when police justify an arrest as ‘necessary for the public safety.’ This covers behavior ranging from disruptive, loud behavior, to school fights. According to the report, the San Bernardino area is also home to more some of the most academically vulnerable demographics in the state – low income, black, and Latino minorities, making this trend extremely disturbing.

January 13, 2016

Teens Get Prison for Armed Robbery Spree; Plead Guilty to Evading Police

by David M. Boertje

Earlier this month, two teens, Victor and Jonah Ledesma, 19 and 18, were sentenced to prison for robbing pedestrians at gunpoint and knifepoint during a crime spree in the Hillcrest, University Heights, North Park, and La Jolla communities. The two teens had pleaded guilty to robbery, auto theft and evading police back in September.

Victor Ledesma already had a robbery conviction, so he was sentenced to 21 years and four months imprisonment. Judge Timothy Walsh sentenced Jonah Ledesma to 13 years in prison. Additionally, two additional 15 year olds were arrested in connection to the crimes connected by the Ledesmas, but they were prosecuted in Juvenile court. Deputy District Attorney Jim Koerber said nine victims were held up during six robbery incidents.

The event that led up the suspects’ arrests occurred in Mission beach, when their car ran over a spike strip and smashed into another car. They were trying to evade the police in a car chase at the time.

January 8, 2016

Two Arrested in SGF Shoplifting Case Released

by David M. Boertje

Two suspects that were arrested in connection with suspected shoplifting at a south Springfield Walmart were released from the Greene County Jail because they could not be extradited. The same three suspects that were involved in the alleged shoplifting attempt were already wanted in a prior shooting and alleged shoplifting incident at another Walmart in Los Banos, California in November. The shooting allegedly occurred when the suspects were being confronted about suspected shoplifting activity.

According to the deputy district attorney for Merced County, Ray Littlefield, 21, Peyton Garnica, 20, and Carl Littlefield, 20, were wanted on a “Ramney Warrant.” Carl Littlefield, who police say fired the shot, still remains at large. A Ramney Warrant is an arrest warrant that is obtained by a police department gaining approval by a judge, while bypassing the district attorney.

Earlier this week, a detective with the Los Banos Police Department traveled to Springfield to interview the two suspects in the Greene County Jail. The police department says that extradition, the process of moving the suspects from one area to another under a Ramey warrant, is not allowed. In Greene County, the prosecutor is still deciding on whether to file charges on the two suspects in the south Springfield Walmart shoplifting incident.

California Petty Theft and Shoplifting Law

Theft is generally defined as the unlawful taking of someone else’s property. In California, the crime of theft is considered ‘petty theft’ when the value of the property taken is under $950. See CA Penal Code § 484. This crime is also known as larceny or theft by larceny.

Shoplifting, however, is a different offense under the Penal Code. Shoplifting is defined as when one entires a commercial establishment with the intent to steal items worth under $950. See CA Penal Code§ 459. You may be charged with shoplifting even if you do not succeed in procuring the items. All that matters is that you intended to steal them.

Both petty theft and shoplifting are misdemeanors punishable by a fine up to $1,000 and six months in county jail.

Theft of property that is worth more than $950 is called “grand theft.” See CA Penal Code 487. That is a wobbler crime, meaning it may be charged as a felony or misdemeanor depending on the circumstances. Grand theft charged as a felony can result in up to three years imprisonment.
Continue reading

January 6, 2016

Man Accused of Hate Crime, Arson in California Mosque Fire

by David M. Boertje

Earlier this weekend, a 23-year-old man named Carl James Dial from Palm Desert, CA, was arrested on on suspicion of committing a hate crime and arson in connection to a mosque in Riverside County, CA. On Friday afternoon, a fire was reported at the Islamic Center in Palm Springs. The fire was contained to the building’s front lobby, and no one was injured. The mosque is only 75 miles from San Bernardino, where the deadly shooting committed by Islamic extremists killed 14 people last month. It is the only mosque in Coachella valley.

In a statement released Friday evening, Congressional Rep. Raul Ruiz, whose district includes the area in which the mosque is located, called on authorities to investigate the fire as a possible hate crime. That same mosque was also hit by gunfire last November 2014 in what was also investigated as a possible hate crime.

Mr. Dial was arrested and is being detained at the Riverside County Jail in Indio on suspicion of committing a hate crime, two counts of arson, one count of maliciously setting a fire, and one count of second-degree burglary. He is being held in lieu of a $150,000 bail. Authorities provided no details on how the fire was set. Mr. Dial is scheduled to appear in Court next week.

California Arson Law

California Penal Codes § 451 and 452 make it a crime to set fire to any building, forest land, or property willfully and maliciously or recklessly. The punishment for arson in California depends on:

The type of property that was burned;
Whether someone was injured;
Whether you set fire willfully or only recklessly.

Setting a fire recklessly is a misdemeanor, but it becomes a felony if someone is injured in the fire. Willful and malicious arson is always a felony in California, and you will even be charged with murder if you accidentally kill someone in the process (under the felony-murder rule).

California Hate Crime Law

California has its own specific statute which makes it a stand-alone crime to commit a hate crime. It is a felony to commit an act of assault or vandalism if your are motivated by one’s nationality, religion, gender, sexual orientation, race, or ethnicity. Hate crimes are punishable by three years imprisonment for each act. See CA Penal Code 422.6. Continue reading

January 1, 2016

Police Search Ensues After Viral Facebook ‘Toddler Pot’ Video

by David M. Boertje

The holiday month kicked off with a not-so-festive video that was uploaded on Facebook by an unknown man, pressuring a toddler, who is wearing diapers, to smoke what appears to be a marijuana blunt. The video was uploaded in the Chicago, Illinois area and drew such a national public outrage, that the Chicago Police Department is now looking for the man who uploaded the video. Additionally, detectives with the Area South Special Victims unit have become involved to investigate the footage. A spokesperson for the Illinois Department of Children and Family Services also would not confirm whether they will be investigating the video, and the Attorney General’s office announced that it would not.

It is unknown when the video was taken or uploaded, but the man who filmed it may face child endangerment charges if caught. The man behind the camera is heard telling the toddler “smoke” and “inhale.” When the video ends the man appears to be saying “let me hit that.”

California Child Endangerment Law