murder

November 26, 2021

The Case of Darrel Brooks and Waukesha, WI

Wisconsin has been the center of media attention and unrest with the recent verdict of the Kyle Rittenhouse case followed by the Christmas parade that was terrorized by a motorist. According to reports, Darrel Brooks was charged with an attack on parade-goers who were attending a Christmas parade in Waukesha, WI. As a result of his arrest, he was held on bail at $5 million. On Tuesday, November 23, Brooks came to his first court appearance.

What Was the Aftermath of the Massacre in Waukesha?

It has been reported that as a result of allegedly driving his car into a Christmas parade in Waukesha, WI, Darrel Brooks killed at least six people and injured 62 individuals. The state of Wisconsin does not have a statute for the death penalty, but each person who succumbed to their injuries will count toward a homicide charge. In Wisconsin, homicide can be life in prison with no potential for parole.

Brooks was stated to have a long criminal record before the incident in Waukesha took place. Even with police barricades set up, Brooks is said to have driven his car through the crowd that came to see the Christmas parade and participate in it. Two officers attempted, unsuccessfully, to stop the vehicle from mowing down the crowd. The vehicle that Brooks used was a red Ford Escape SUV.

When seen in his first court appearance, it was noted that Brooks appeared regretful and sad about his actions. Authorities have mentioned that the incident did not appear to be a terroristic threat.

Because his bail is so high, it is not expected that he will be able to pay it, and because of this, he is going to stay behind bars. Should a conviction happen, the most likely result is life in prison.

There is no doubt that Darrel Brooks has a tall hill to climb to overcome his charges. While his case is egregious in nature, he still deserves his day in court. Having a smart and skilled legal defense may secure the best possible outcome. Often, the quality and experience of a person’s legal counsel are what makes the difference between the harshest penalties and those that are more sustainable.

If you have been charged with homicide in California, you may face many years behind bars if not life, and extremely high fines. Also, it is possible that victims’ families may bring civil suits against you and that can come with a hefty price tag if they win their case. The aftermath of a murder charge in California is very serious and can be life-altering. Having the right legal defense representing your best interests can be pivotal to how your case turns out. Continue reading

October 8, 2021

Are Murder and Homicide the Same?

by David M. Boertje

The terms ‘murder’ and ‘homicide’ are sometimes used interchangeably as if they mean the same thing. In the legal world, however, the meanings of ‘murder’ and ‘homicide’ are quite different. Because of this, the way that a person is sentenced if they are convicted of murder or homicide will vary.

The one thing these two terms have in common is that whether a murder or a homicide was committed, the outcome is the same. Another person loses their life. Murder and homicide are some of the most serious crimes that go to court. These criminal acts often result in the harshest penalties.

If you live in or around the greater San Diego area and you were arrested for allegedly killing another person, it is in your best interest to immediately connect with a San Diego homicide attorney. Working with an experienced San Diego criminal defense attorney will improve your chances of beating your charges or having them lessened.

December 18, 2020

Edson Acuna Sentenced to Life Without Parole After Shooting to Death Curtis Adams

by David M. Boertje

A man was sentenced to life in prison without parole after he shot and killed another man. The victim, age 21, was a Navy sailor who took the time to offer help to a motorist he thought was stuck on the freeway on October 27, 2018. The defendant was convicted of first-degree murder in February. The details of the shooting involved the defendant fleeing the scene of a vehicle break-in gone wrong. He tried to break into a car located in the Mount Hope area when the owner pulled out a gun. A shootout ensued and resulted in the defendant, along with his brother and two other individuals fleeing.

The assailant’s car suffered flat tires during the escape, which left it stranded on a San Diego freeway. When the victim saw the stranded car, he pulled over to help. The defendant and his group did not realize the victim was acting as a good samaritan and thought instead that he was the individual that they engaged in a shootout with from their earlier vehicle break-in attempt. The shooting happened on Interstate 15 in Logan Heights.

What was the Response of the San Diego Superior Court after the Shooting?

The San Diego Superior Court held that there was strong evidence that the defendant was the main actor in the crime. The judge also commented on the remarkable character of the victim. His mother wrote a letter for the court and it was read aloud before the sentencing decision was made public by Deputy District Attorney. The letter talked about the love the victim’s mother had for him, what an enthusiastic person he was, and how full of life he was. His mother also indicated that her son is at peace and that his killer will no longer be able to continue committing crimes against the public.

The defendant did speak at his sentencing hearing, where he said he was sorry to the victim’s family. He tried to explain that he was not a cold-hearted person. His life in prison without parole also came with an additional 25 years in prison for his initial crime of attempting to rob the car owner in Mount Hope of the contents held within a Chevrolet Tahoe and then engaging in a shootout with the car owner.

When the shootout took place, it was not confirmed whether the defendant or the owner of the Tahoe shot first, but there was evidence in the victim’s house of a shooting taking place; bullets discharged from the defendant’s semi-automatic pistol were found in a toy located in a child’s bedroom. His brother, who was also implicated in the shooting death of the victim, was sentenced on the same day and received 13 years in prison. Continue reading

September 18, 2020

Laura Rodriguez Found Dead Outside of San Diego

by David M. Boertje

On August 28 at 12:30 a.m., Chula Vista police were called about a body in the street. When they arrived at the scene, 33-year-old Laura Rodriguez was found dead. Her body was located near Shasta and 2nd street, 10 miles south of San Diego. According to Chula Vista Police Department Lt. Dan Peak, Rodriguez was found naked with head trauma. Lt. Peak said that her death was suspicious.

Rodriguez is survived by two daughters aged 12 and 14. A GoFundMe page has been established to raise money for her funeral expenses. The page has accumulated close to $18,000, surpassing its goal of $16,000. According to the GoFundMe page, Rodriguez enjoyed hiking and biking and was a dedicated mother. She was a person who cared about others and was always there to help those in need.

Investigators indicated that they did not find any evidence that Rodriguez was the victim of a hit-and-run accident. Her body was also void of gunshot wounds or stabbing injuries. Officers who arrived at the scene did attempt life-saving measures to save the young woman but to no avail. She was pronounced dead at the scene.

Rodriguez’s brother, Daniel, identified his sister as the victim during an interview with Fox San Diego. He asked anyone with information to please contact the police. A local resident has said that he heard the noise of an engine revving prior to Rodriguez’s body being discovered. A tow truck took a gray Chevy from the crime scene.

San Diego Violent Crime Rate

In 2018, the San Diego general crime rate was 1.3 times lower than the national average. That year, San Diego’s violent crime rate was 211.3 while the national average was 207.3 making it notably higher than much of the country. This is a significant increase from 2017, when the city’s violent crime rate was 8.6 times smaller than the national average’s violent crime rate. San Diego’s crime rate was 70.4% higher than in other cities in the country. For the past five years, the city of San Diego’s violent crime rate has been trending up while property crimes have been decreasing.

Violent crime includes homicide, rape, aggravated assault, and robbery. In just the first half of 2019, San Diego law enforcement reported on average 31 violent crimes every day.

September 11, 2020

Scott Peterson Death Penalty Sentence Overturned

by David M. Boertje

Scott Peterson became a well-known name when he was convicted of murdering his pregnant wife Laci in 2002. He was facing the death penalty for the murder. Recently, the California Supreme Court overturned his death penalty sentence. According to Justice Leondra Kruger, the trial judge dismissed jurors who were opposed to capital punishment. Discharging prospective jurors was not the right course of action. What should have happened is that these individuals should have been questioned further on their views.

The highest court in the state still maintained the guilty verdict of Peterson’s trial and indicated that prosecutors retained the ability to retry him for the death penalty. Not only did Peterson bring up the unfair removal of some jurors, but he also said that the immense amount of publicity that was put on his case before he went to trial precluded fairness. His trial was actually moved to San Mateo County because a judge said that there was no way he could see a fair trial if it took place in Modesto. Peterson’s lawyer said that there still was no fairness in San Mateo County, where a substantial number of jurors interviewed said that they believed he was guilty. For this reason, his trial should have been moved again to an area where there was not such rampant bias.

Despite the arguments surrounding the trial’s publicity, the court said that it would be difficult to find an area that had not already heard about the case so continually moving it would not have made a difference. The amount of attention that Peterson’s trial received was on the level of O.J. Simpson and the Manson family.

Prosecutors are determining what course of action to take. They have not come to a decision on whether they will try him again for the death penalty or just allow him to be sentenced to life without the possibility of parole. One of the considerations that is going to factor into their decision will be the opinions of Laci’s family.

The Disappearance of Laci Peterson

Laci Peterson was 27 and only a month away from her due date when she went missing on Christmas Eve. According to Scott Peterson, he was fishing in Berkeley at the time of her disappearance. A search for her went on for four months, until a portion of her body and that of her unborn son was spotted by a passerby who was out on a walk. They were found on the rocky shore only a few miles from the location Scott Peterson said he was fishing. Laci’s family was supportive of Scott initially, not suspecting him. But when his mistress, Amber Frey came forward and admitted that she was dating him, that changed. Scott appeared to try to flee but authorities found him in San Diego county with bleached hair and $15,000, where they arrested him.

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.

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

March 6, 2020

Man Arrested in Connection With 1975 Murder in San Diego

by David M. Boertje

A decades-old murder mystery in San Diego’s Middletown neighborhood may have finally been solved. A man was arrested in New York on Wednesday, January 29 in connection with the murder. Alvaro Espeleta, 28, was found brutally murdered on December 31, 1975. He was found in his home, located on Reynard Way, badly beaten and strangled.

Espeleta was a dental technician with the U.S. Navy and he was working at the Marine Corps Recruit Depot. When Espeleta was a no-show at work, two co-workers went to his residence to check on him, and they found his dead body. Investigators scrutinized all leads and never had any luck. The case grew old, but investigators kept it active. After 44 years, modern forensic science and technology along with multiple agencies working together found a suspect and put him in custody.

When Espeleta died, he had a palm print on his body, but it was highly difficult for authorities to determine to whom it belonged.

Dennis Lepage, 62, was placed under arrest in New York when he had his fingerprints taken for a minor charge. His fingerprints were put through a law enforcement database. A match was found between the palm print on Espeleta’s body and the print from Lepage. The match was made, and Lepage was arrested in Troy, New York in connection with the murder of Alvaro Espeleta. Dennis Lepage would have been only 18 years old when he murdered Espeleta.

According to NCIS, Lepage was also an active duty Navy Sailor who was living in San Diego. A fellow tenant who lived in the apartment building where the murder of Espeleta occurred said that there were red flags when thinking back to Lepage’s apartment. Lepage’s apartment had carpeting when all other tenants had hardwood flooring. The appearance looked as if there was something that the man was trying to cover up.

The San Diego County District Attorney’s Office did not provide comment. The San Diego Police Department gave many thanks to the agencies that helped in the case including NCIS, FBI, DA’s Office, San Diego County Sheriff’s Department, New York State Police, and Albany County Sheriff’s Department to name a few.

Where to Find a Murder and Homicide Attorney in San Diego

Technology is becoming more and more effective. Crimes that occurred many years ago which went cold are now having new evidence introduced causing present-day arrests. If you are facing a murder or homicide charge, from years ago or presently, you need the assistance of an experienced San Diego murder and homicide defense lawyer. Continue reading

February 28, 2020

Body at Vantage Pointe Apartments in San Diego Starts a Homicide Investigation

by David M. Boertje

Police have begun a homicide investigation after the body of a deceased male was found in a downtown San Diego high-rise apartment on Monday, January 20. According to the San Diego Police, officers were called out to the scene at Vantage Pointe apartments in the 1200 block of Ninth Avenue by a security guard who worked at the apartment building along with another individual who found the deceased man’s body in one of the apartment units.

The deceased man was identified by the police as a white man in his late 40s. The man had visible trauma to his body. Police believe that the incident appeared suspicious and then determined that it was in fact a homicide. The authorities are looking for information from the public and are urging anyone who has any details to call Crimestoppers.

Homicide Data in San Diego

According to UCR Crimes by GeoArea, from January to August of 2019 there were 31 murders in San Diego. In 1950, there were 10 recorded murders. By 2018, there were 35 murders. That is a steep jump, but the murders recorded in 2018 were not nearly as high as they were in 1991. In 1991 there were 167 murders.

Between January and June of 2019, there were 5,545 violent crimes in San Diego County. This comes out to approximately 31 violent crimes committed each day during that six-month span. Violent crimes include homicide, rape, robbery, and aggravated assault. In the first half of 2018, there were 604 homicides in the city. The good news is that compared with the data from 2009, 2019 had a 19% lower violent crime rate.

In California, capital murder is the most serious charge a person can face. Punishment can include:

The death penalty by way of the gas chamber or lethal injection
Life in prison without the possibility of parole

First-degree murder in the state falls under California Penal Code 187, and someone charged could be facing the following:

25 years to life in state prison
Hate crime first-degree murder comes with life in state prison without the possibility of parole

Capital murder and first-degree murder are charges not to be taken lightly. If you are arrested for either, you are looking at many years in prison, if not the death penalty. There is no room for error when you are facing murder charges in California. The qualified and experienced legal representation from David M. Boertje, a San Diego criminal defense lawyer, will ensure that you have the best defense team on your side protecting your legal rights. Continue reading