California Criminal Defense Lawyer Blog

Javier Colon, convicted of first-degree murder in the throat-slashing death of his girlfriend, was sentenced to 25 to life last week.

Janelle Peralta was forced into their Irvine, California bathroom after an argument escalated into violence between the two. Colon had dropped their one-year old baby and the victim tried to save their child by running out of the apartment. She was ultimately forced into the bathroom and slashed and choked by Colon, who had slashed his own wrists and body dozens of times. Colon survived his own wounds but Peralta died. He was arrested and charged with Murder.

It is difficult to imagine the powerful grip of mental illness that could cause a person to perform these deeds on another person. I would guess that his lawyer tried to assert a mental defense, such as insanity, though it apparently didn't sway a jury in his favor.

Colon will likely spend the rest of his life in prison, since only a fraction of people serving 25 to-life ever are actually paroled.

To qualify for the death penalty instead of just life in prison without the possibility of parole, special circumstances need to be present. Some special circumstances include felony murder, murdering a peace officer, prosecutor or judge or multiple murders, among others. If you are convicted of murder with special circumstances, you will be on Death Row for years before being executed. If you are sentenced to murder without special circumstances, you will have to spend your life in prison. Whether you live in Santa Ana, Irvine or Newport Beach, if you are charged with murder, call an experienced murder defense attorney right away to assist you.

Continue reading "Life in Prison for Throat Slasher in Orange County" »

This week, Billie Joe Johnson, a convicted double murderer, was sentenced to death for the retaliation murder of a former gang colleague, Scott Miller. Miller decided to go on TV and explain their white supremacy gang. Fellow gang members recognized Miller on TV and were so angry that they decided to retaliate. Johnson was convicted of luring Miller into an alley and then co-conspirator Michael Lamb shot him. Johnson was charged and convicted of murder with special circumstances of lying-in-wait and murder for the benefit of the gang. He wanted to be sentenced to death instead of life in prison because he thought he would get a bigger prison cell, more recreation time and more family visits. In his past, he had beaten a man to death and has been serving time for that murder as well.

To qualify for the death penalty instead of just life in prison without the possibility of parole, special circumstances need to be present. Some special circumstances include felony murder, murdering a peace officer, prosecutor or judge or multiple murders, among others. If you are convicted of murder with special circumstances, you will be on Death Row for years before being executed. If you are sentenced to murder without special circumstances, you will have to spend your life in prison. Whether you live in Santa Ana, Westminster or Anaheim, if you are charged with murder, call an experienced criminal defense attorney right away to assist you.

Continue reading "California White Supremacist Sentenced to Death" »

Matthew Thomas Dragna was arrested this week, after police found evidence that links him to a murder that occurred last month. Authorities believe that Dragna and Damon Nicholson became friends through a website and starting a relationship. On October 23, a co-worker of Nicholson found him beaten to death on his sofa. Nicholson's laptop, computer, clothing and cell phone had been stolen. At the crime scene, there was evidence that Dragna may have been at the crime scene and there was no showing of forced entry into the home, meaning that someone close to him may have done the crime. Search warrants were issued for both Dragna's Lake Forest home and a Santa Ana Drug Rehab center where Dragna had been staying. Dragna was arrested when some of the stolen items were found. He faces murder and robbery charges.

A felony murder is a murder done during the commission of another felony, or in furtherance of that felony. Since police think that robbery may have been the primary motive for the murder, this would likely qualify as a felony murder situation. Felony murder charges come with a sentence of life in prison. A possible defense to the murder would be a lack of intent. Whether you live in Santa Ana, Tustin or Brea, if you are charged with murder or robbery, call an experienced criminal defense attorney right away to assist you.

Continue reading "Lake Forest Man Arrested for Murder & Robbery" »

Fabian Cayetano Urrea has been sentenced to 50 years to life in prison for the murder of a National Guardsman. Jorge Estrada had been serving time in Iraq while his wife, Diana Estrada, was having an affair with Urrea. Diana Estrada became pregnant with Urrea's child and Jorge Estrada decided he would raise the child as his own. Three days after the child was born, Urrea went to Estrada's apartment to see the baby. Before stepping out of his truck, Urrea loaded his 9mm gun and cocked it. When he saw Jorge Estrada, he shot him three times in the chest, killing him. Urrea was arrested and charged with first degree murder. Last week he was convicted of first degree murder and now faces 50 years in prison.

First degree murder is one of the most serious crimes you can be charged with. To prove that someone committed first degree murder, a prosecutor must prove that the murder was willful and premeditated. This means that the suspect must have had a plan and the intent to kill the person. This was proved in this case because before Urrea stepped out of his car, he loaded and cocked his gun. This shows that it was Urrea's intent to use the gun on someone. Whether you live in Westminster, Villa Park or San Clemente, if you have been charged with murder, call an experienced criminal defense attorney right away to assist you.

Continue reading "California Man Sentenced for Murder of National Guardsman" »

Riverside prosecutors claim that in 2001, Jason Hann killed his daughter, put her body in a trash bag and drove around the country with her body in an RV with the child's mother for nine months and then left the body in a storage facility. Last week, he plead not guilty to these charges after being extradited from Kentucky, where he was serving time for doing the same thing to his son 10 years ago. The children's mother, Krissy Lynn Werntz was also charged with these crimes and also plead not guilty. If they are convicted of these crimes, they face life life in prison without the possibility of parole.

The facts listed above are just part of the story. To read the whole story, click here. Although I have been a criminal defense attorney for years, it still shocks me how people can kill their own children. What I have found is that often times people who do these crimes have mental disorders or just snap one day and make a terrible decision. Nevertheless, all people need an attorney to ensure that they are not falsely accused, that their due process rights are protected and that they are not presumed guilty without a fair trial. Whether you live in Irvine, Laguna Beach or Villa Park, if you are charged with murder, call an experienced criminal defense attorney to assist you.

Continue reading "Riverside Man Charged With Killing Daugther and Putting Body in Storage" »

On November 18, 2000, Edward Ayache and five other gang members went to a house party in Garden Grove. While there, they saw rival gang members and a physical altercation ensued. Members of Ayache's gang shot at the other gang, killing one and injuring two or three people. The men were all charged with murder for the benefit of a criminal street gang and two attempted murders as well as many gang charges. Ayache was convicted of all counts and faces sentencing next year. It is likely that he faces life in prison without the possibility of parole.

Any crime committed for the gang or in furtherance of the gang will receive additional charges and steeper sentences. In certain cases, a defense attorney can argue that the crime was not for the benefit of the street gang. Here, since there was a fight between two gangs, it is likely that one gang was trying to assert their dominance over a certain territory and the fight erupted to benefit the gang. An additional defense is self defense. If the other gang threatened Ayache's gang or had weapons, Ayache and his gang may argue that they were just defending themselves. Gang charges are serious, especially when paired with murder charges.

Whether you live in Irvine, Fullerton or Santa Ana, if you are charged with gang crimes or murder, call an experienced criminal defense attorney to assist you.

Continue reading "Garden Grove Gang Member Convicted of Murder" »

Hilbert Pinnel Thomas was arrested this week for the alleged murder of Matthew Scott and Elizabeth Palmer in February. Scott was the co-owner of a mobile home business and Palmer was his secretary. They were shot to death in the front office of the business on Beach Boulevard in early February. Soon after the incident, Scott's father walked in and found the dead bodies. When investigators arrived, they noticed Palmer's Lexus had been stolen , so police searched for the car to get clues about the murder. After finding the car, they found the driver and arrested him on suspicion of double homicide.

Now that police have caught the alleged suspect, they will question him regarding motive and how he did the crime. Even though he stole the car, police do not believe that robbery was the primary motive. Investigation could take years, but if Thomas is convicted, he faces life in prison without the possibility of parole. Whether you live in Aliso Viejo, Orange or Irvine, if you are charged with murder, call an experienced criminal defense attorney to assist you.

Continue reading "Garden Grove Man Arrested for Double Homicide " »

This week, Santa Ana resident Inocente Secundino Jr. was convicted of special circumstances gang murder of Steven Christopher Arreguin, that may result in a sentence of life without the possibility of parole. Secundino and Arreguin were rival Santa Ana gang members and their gangs had gotten into a fight on that day in July of 2006. As Arreguin was turning to run away, Secundino shot him in the back of the head, killing him. Secundino then left the state and was placed on the Santa Ana's most wanted list. In 2008, officers found Secundino living in Oregon with family members, using a new identity. He was arrested on suspicion of murder, charged and convicted. His sentencing hearing will likely take place next month.

Since Secundino killed a rival gang member, he received a special circumstance enhancement which could qualify him for life in prison without the possibility of parole. Any crime done in furtherance of a gang automatically adds time to your sentence. Whether you live in Garden Grove, Westminster or Fullerton, if you are charged with murder or gang crimes, call an experienced criminal defense attorney right away. Possible defenses to a gang crime include not being a member of a gang or not doing the crime for the benefit of the gang. A possible defense to murder includes the lack of intent to kill or self defense. In this case, since Secundino shot Arreguin in the back of the head, the defense attorney cannot use the defense of self defense.

Continue reading "Santa Ana Gang Member Convicted of Murder" »

Carlos Rosario Gonzales was convicted this week of murdering a bouncer at a topless nightclub in Santa Ana in 2006. Gonzales, a construction worker at the time of the incident, got off of work and went to the nightclub with some of his co-workers. While there, he allegedly touched an employee inappropriately and was then escorted out by bouncer Michael Blackenhorn. A fight erupted and Gonzales got a gun from his toolbox and shot Blackenhorn, who died two days later in the hospital. Since he was convicted of first-degree murder with enhancements for using a gun, Gonzales faces from 50 years to life in prison.

Gonzales clearly had anger issues that erupted on the night of the incident. If you know you have anger problems, it is best not to own a gun. It is unlikely that Gonzales would have been able to murder Blackenhorn if it were not for the gun he had. If you are charged with murder, you will immediately be arrested and subject to questioning. Do not speak with officers until an attorney is present. If you can afford an attorney, hire an experienced criminal defense attorney to assist you in investigating the charges and preparing a defense.

Whether you live in Orange, Brea or La Palma, if you are charged with murder, call an experienced criminal defense attorney right away to assist you.

Continue reading "California Man Convicted Of Murder Of Bouncer At Topless Club" »

Miguel Angel Magallon was convicted of murder and sentenced to death for the 2004 murder of a Los Angeles Police officer. On August 10, 2004, Magallon and an accomplice were driving when they saw Officer Sparks on a bike ride. They got out of the car and tried to rob him. Magallon then shot Sparkes before driving off. The officer quickly called 911 and said "Officer Down." Before help could arrive, Magallon drove back around to Sparkes and shot him again. Magallon drove off and officers arrived and took Sparkes to the hospital, where he died.

Eventually, Magallon was found and was charged with first degree murder and second degree robbery. The jury convicted Magallon of these charges as well as the sentencing enhancements of committing a crime for the benefit of a street gang and possession of a firearm.

A prosecutor will always try to claim that any gang member who commits a crime, commits it for the benefit of a gang. A good defense attorney will argue that that is not always the case. With gang enhancements dropped, a defendant will get a lower sentence. If you are charged with gang charges, robbery or murder, call an experienced criminal defense attorney to assist you.

Continue reading "Los Angeles Gang Member Sentenced to Death for Police Murder" »

Paul Gentile Smith was indicted by a grand jury last week on suspicion of nearly decapitating his best friend and then setting his body on fire. Smith and Robert Haugen were best friends, but in October of 1988, Smith stabbed Haugen 18 times, killing him and nearly decapitating him. He then tried to get rid of the body by setting it, and other evidence, on fire. He was not caught after the murder.

In 2007, Smith was arrested for domestic violence and his DNA was linked to some evidence at the murder crime scene 20 years earlier. He was charged with murder, but this week he was charged with the enhancement of torturing the victim. This enhancement could increase the punishment to life in prison without the possibility of parole.

Whether you live in Santa Ana, Tustin or Laguna Niguel, if you are charged with murder, call an experienced criminal defense attorney to assist you.

Continue reading "Long Beach Man Indicted For Murder of Best Friend 20 Years Ago" »

Last week, Marlene Ramirez and Frank Garcia were driving home from a baptism with family members. They stopped to drop off a friend before heading home. While dropping off their friend, two men came up to the family and asked where they were from. One family member (who was a gang member) told them they were from "Barrio Van Nuys" and the men shot at them. They struck Ramirez's mother, brother and son. Her son, Andrew, was just four months old and was shot in the head so he was immediately air-lifted to a hospital where he was pronounced dead.

Although Van Nuys is a rather dangerous area, violent crimes had been decreasing over the last two years. Since this is such a tragic crime, police are offering $50,000 for information that could lead to the arrest and conviction of these two gang members who committed this crime. Once found, these suspects will be charged with murder with gang enhancements. Additionally, since a baby was shot and killed, this may qualify for a special circumstances case which could lead to capital punishment. These men will need an experienced defense attorney right away in preparing a defense. Whether you live in Westminster, Brea or San Clemente, if you are charged with murder, you will need an experienced criminal defense attorney to assist you.

Continue reading "Van Nuys Baby Shot by Gang Members" »

James Detory Shipp, Jr. was found guilty of murdering a woman in 1998 who tried to stop him from sexually assaulting one of her co-workers. Shipp was a former football player and aspiring Boxer who claims that he had neurological problems and faced domestic violence while growing up that changed him. Between 1997 and 2001, Shipp had also raped 5 women and had kidnapping and robbery charges on his record. For the murder/rape he received life in prison and for the crimes between 1997 and 2001, he faces 119 years and another life term.

Sometimes troubled pasts make people want to turn to crime. Here, Shipp witnessed domestic violence, associated with gangs and had neurological problems. These experiences all affected him adversely and caused him to commit these heinous crimes. For his actions, Shipp will spend the rest of his life in prison, contemplating what he did. He received so much time in prison so that it could never be a possibility that he be released. If you are charged with murder or rape, call an experienced criminal defense attorney to assist you.

Continue reading "Orange County Boxer Gets Life in Prison for Murder & Sexual Assault" »

On Thursday of last week, an Orange County judge ordered Brian Benedict to pay more in child support for his son. He was very angered by the $500 increase in child support he had to pay. On Sunday, Rebecca Benedict, Brian's ex-wife, went to go pick up her 4-year-old son from Brian's on-campus apartment at University of California, Irvine as Brian's weekend custody had terminated. The couple argued before he gave her the child. As Rebecca was leaving, Brian Benedict walked up behind Rebecca and shot her in the head, near their son. She fell to the ground and after being taken to the hospital, was pronounced dead. Police and campus security immediately detained Brian on suspicion of murder.

In his past, Brian studied at the U.S. Naval Academy and when he graduated, he was assigned to U.S. Air Force Space Command. After the Air Force he went to UCI to earn his graduate degree in physics. There, he met Rebecca and they were married soon after. In October of 2004, the couple had a soon together but in 2006, the couple split.

It was assumed that the bitter divorce and custody dispute along with the child support issues affected Brian so much that he acted on rage and anger when he committed this heinous crime. He will now be charged with the murder of his ex-wife. If convicted, he will likely face years in prison.

Whether you live in Tustin, Laguna Hills or Brea, if you are charged with murder, call an experienced attorney to assist you.

Continue reading "Irvine Graduate Student Shoots Ex-Wife on Campus" »

Cesar Gomez is charged with murder with special circumstances for the alleged killing of Ashley Lilly, a prostitute. Lilly had posted on Myspace that she would be at the Crown Plaza Hotel in Anaheim and would offer her services to people that contacted her. Around August 20, 2009, Gomez went into Lilly's room and beat her face and body and then strangled her. He ransacked her hotel room and stole personal items. On August 21, hotel staff found her dead in her room. Through DNA evidence, Gomez was suspected and arrested for the murder. Gomez had a prior strike on his record for a 1993 murder conviction. If convicted of this murder, he will face life in prison without the possibility of parole.

Gomez did not sexually assault Lilly and seemed interested only in murderher personal belongings. The District Attorney will allege that this crime was for the benefit of a criminal street gang and committed this crime for the benefit of the gang. If it is proven that Gomez did this for the benefit of the gang, his sentence will be enhanced significantly.

There is a split among the courts as to whether the DA has to prove that the crime was for the benefit of the gang. The basic gang statute in California, Penal Code section 186.22 says "Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of
that gang, shall be punished by imprisonment in a county jail for a period not to exceed one year, or by imprisonment in the state prison for 16 months, or two or three years." Gomez's lawyer will likely argue that he did this crime due to personal reasons (robbery) and that it had nothing to do with promoting the gang or making people afraid of the gang.

Whether you live in Santa Ana, Fullerton or Huntington Beach, if you are charged with murder, assault or prostitution, you will need an experienced criminal defense attorney to assist you.

Continue reading "Los Angeles Man Arrested for Killing Prostitute in Orange County" »

In 2006, Gideon Walter Omondi walked into a Fullerton police station and told officers that he drowned his son in a bath tub. Officers rushed to Omondi's house and found the 4-year-old's body lying on his father's bed. He was in the middle of a bitter custody battle with his ex-wife and claimed he went crazy. Nine months prior to the murder, Omondi allegedly tried to kill his son by dousing his car with gasoline and putting himself and his son in the car. Police arrived before Omondi could light the car on fire.

Omondi was indicted on charges of murder and attempted murder for the two incidents. He pled not guilty and not guilty by reason of insanity. His trial starts this week and is expected to take about 15 days. If the jury finds him guilty, they have to then decide if he is insane. Most people may not know it, but pleading insane does not free you from criminal liability. Being found insane is a legal, not medical, term that means that a person should be locked up in a mental institution because they are a harm to themselves or others. The time they will be in the institution for is roughly the amount of time they would have to spend in prison if they were guilty.

Whether you live in Brea, San Juan Capistrano or Laguna Beach, if you are charged with murder, you will need an experienced criminal defense attorney right away to defend you in court.

Continue reading "Fullerton Man Accused of Drowning His 4-Year-Old Son" »

Manuel Gonzalez Melgoza was sentenced to 50 years to life in prison for the execution-style murder of Israel Quiros. Melgoza worked at a landscaping company in 2006. He then got demoted and ultimately fired. Quiros was hired to replace Melgoza and he was so upset that he shot Quiros in the shoulder twice and then put the gun to the back of Quiros' head and fired.

The defense argued that Quiros was actually following and harassing Melgoza so Melgoza shot Quiros in self defense. The jury found Melgoza guilty though, for first degree murder with a sentencing enhancement for using a gun.

This is a horrific crime and is not a way to solve jealousy issues, however, these days, jobs are very hard to come by and it is likely that Melgoza was upset with the loss of his job and unpaid bills and felt that this was a way to get back at the company.

If you are charged with a murder in Orange County, Los Angeles County or Riverside County, call an experienced California defense attorney to assist you with your case.

Continue reading "Disgruntled Santa Ana Worker Convicted of Execution-Style Murder" »

Last week in Buena Park, the body of a missing woman was found stuffed in a suitcase in a trash bin. The body was later identified as that of a swimsuit model named Jasmine Fiore. The woman's neck was strangled and she was missing teeth and fingers. A suspect from the beginning of the investigation was her husband, Ryan Alexander Jenkins. Jenkins, a former reality TV star, went missing soon after the body was found. Police think he is hiding in his hometown in Canada.

Jenkins and Fiore met in Vegas earlier this year and only knew each other for a few days before deciding to get married. Their relationship was rocky however. Jenkins was arrested in April for allegedly hitting Fiore. He was charged with domestic violence.

Even though it seems that Jenkins would be the most likely suspect, a good defense attorney would properly investigate the crime scene and all possible suspects. Jenkins could have an alibi that would prove that he could not have committed the crime. There could be DNA evidence of someone else on the victim's body. An experienced attorney would investigate these things to ensure the defendant is not wrongfully accused.

Whether you live in Mission Viejo, Garden Grove or Huntington Beach, if you are charged with murder, you need an experienced Orange County Criminal Defense attorney on your side.

Continue reading "Orange County Model Murdered Allegedly by Husband" »

After 13-year-old Minh Cong Tran and his family finished eating at a Mexican restaurant in Santa Ana in 2003, they drove away. Jason A. Aguirre, 33, and fellow Dragon Family Junior gang members chased the family into a neighborhood and shot into the car as the family tried to hide. Minh Tran was shot in the heart, liver and shoulder and died soon after the shooting. Other family members in the car were shot, but they all survived. Aguirre fled the scene of the crime and was arrested a few months later. Aguirre was charged with first degree murder with special circumstances of committing the murder for the benefit of the gang. He was sentenced to death last week for his crimes.

This was the fifth death penalty case in Orange County this week. The death penalty can be a punishment only in murder cases that have special circumstances. Murdering for the benefit of a gang is a special circumstance. Other special circumstances include mass murders and felony murders. If you have been charged with murder in Irvine, Santa Ana or Fullerton, you will need an experienced Orange County defense attorney to assist you in the legal process.

Continue reading "Gang Member Sentenced to Death for Killing of 13-Year-Old" »

Terry Snyder pleaded guilty to murdering his estranged wife on Easter of 2007 because she had planned an Easter egg hunt for their children. Terry Snyder and Yolanda Snyder were living separately and were switching off having the kids. Terry was upset that Yolanda had the kids over Easter because he wanted to have them on Easter. He got so mad that he bludgeoned his wife to death in front of their three young children. The children ran out of the house and to their neighbor's house to get help. Terry claims he pled guilty because he did not want to make his children testify against him in court. He is now facing 15 years to life for his actions.

Clearly Terry Snyder has anger problems. Anger management is a useful technique for people who have severe anger problems. Anger management is a system of psychological techniques that can help reduce the triggers and effects of anger. In some cases, the court may require a person to take anger classes to prevent future problems. Regardless if you live in Garden Grove, Santa Ana or Fullerton, severe anger problems can lead to serious consequences.

Continue reading "Tustin California Man Murders Wife over Easter Egg Hunt" »

In Santa Ana Superior Court today, a complaint was filed against Andrew Urdiales for the alleged murder of 5 Southern California women. Between the years of 1986 and 1995, Urdiales was said to have murdered Robbin Brandley, a Saddleback College student, and four prostitutes: Julie McGhee, Maryann Wells, Tammie Erwin and Denise Maney. He confessed to these killings in 1997, after being arrested for killing two Illinois women. In 2002, Urdiales was convicted of two counts of murder in Illinois and was sentenced to death, however, this punishment was reduced to life in prison by a former Illinois governor. In 2004, Urdiales was convicted of murdering another Illinois women and was sentenced to death once again. Urdiales is currently appealing his death sentence in Illinois. Orange County prosecutors are still deciding if they want to pursue the death penalty against Urdiales for the 5 alleged murders he committed in California.

A serial killer is a person who murders 3 or more people over a long period of time with a cooling off period between murders. There is often a psychological gratification behind the murders. Notable United States serial killers include Ted Bundy, Jeffrey Dahmer and David Berkowitz.

Continue reading "Serial Killer on Trial in Orange County for 5 Murders" »

An eighteen-year-old Santa Ana gang member, Eduardo Valencia, is being charged with the murder of Jaime Anica Olvera. Allegedly, Valencia tried to rob Olvera during the evening of July 23. Olvera was struggling to fight back, when a second gang member, Fabian Vargas Vega, pulled out a gun and shot Olvera in the upper body. Olvera died immediately at the scene. Vega was killed by police in a gun battle soon after the incident. Valencia fled the scene of the crime and was found hiding in a relative's garage on Saturday. He is facing charges of murder, attempted robbery, felony street terrorism charges and a sentencing enhancement for allegedly carrying out the murder for the purpose of his street gang.

A criminal street gang is defined as any organization, association or group of 3 or more persons which has 1) continuity of purpose 2) seeks a group identity, and 3) has members who individually or collectively have engaged in criminal activity. Often times, when a gang member commits a crime for himself, the district attorney will want to say he committed the crime for the benefit of a street gang and slap on additional charges and penalties. A good attorney would try and prove that the defendant did not commit the crime in furtherance of the gang and therefore the gang enhancements should be dropped. There are gangs in Irvine, Garden Grove, Westminster and almost every other city in Orange County. If you are charged with gang crimes, the state of California will be very tough on you and you will need an experienced gang attorney on your side.

Continue reading "Santa Ana Gang Member Murders in Robbery Gone Wrong" »

Police are looking for Erin Brooks and Brian Hanson who police think are white supremacists who beat up a Latino man last month. Michael Powell and Bret Hicks are currently in custody for the same incident. Allegedly, all four suspects were circling a Latino neighborhood looking for someone "non-white" to assault. They saw a man come out of the neighborhood so they yelled racial slurs at him, stabbed him three times, kicked him and punched him. Neighbors from the area jumped into the fight and separated the suspects from the victim. They were all arrested for assault with a deadly weapon and Brooks and Hanson were released on bail. Now they are being charged with attempted murder plus hate crime enhancements and police can no longer find Brooks and Hanson. All of the suspects have criminal backgrounds and white supremacy tattoos.

Hate crimes occur when perpetrators attack a member of a certain group because of their race, religion, sexual identity, gender, disability, age, etc. If a crime is carried out for hate purposes, it will be given a sentencing enhancement because it is such a serious crime that can provoke retaliatory crimes, inflict emotional harm and incite community unrest. Regardless of what city you live in, whether it is Fountain Valley, Fullerton or Newport Beach, hate crimes are serious crimes and if you are charged with one, you need an experienced criminal defense attorney.

Continue reading "Two White Supremacists on the Loose in Orange County" »

In 1992, Shaun Kareem Burney, a 19-year-old from Tustin placed a gun against the skull of Joseph Andrew Kondrath, a 23-year-old Anaheim college student. He robbed him of $1 and then put him in the trunk of a stolen car. A few minutes later, Burney opened the trunk and fired two shots into Kondrath's head, killing him. During the trial, prosecutors argued that Kondrath was killed so he would not be a witness to the carjacking and robbery. In 1994, Burney was charged with murder and sentenced to death. His co-defendants were sentenced to life in prison without the possibility of parole. Burney appealed his conviction and sentence and on Thursday of this week, the Supreme Court of California affirmed his conviction and his sentence.

The death penalty is a sentence given only to murders that possess special circumstances besides just a murder. This case involved a carjacking, a robbery and a murder. Those three crimes make it a special circumstances case that is eligible for capital punishment. Capital punishment is a controversial form of punishment. Proponents of the death penalty claim that it is useful for retribution, general deterrence and incapacitation. Opponents of the death penalty claim that it is too strict of a penalty and wrongfully accused people can be wrongfully executed. Regardless if you live in Irvine, Fullerton or Newport Beach, if you are charged with capital murder, you will need an experienced criminal defense attorney.

Continue reading "Death Penalty Affirmed for Orange County Carjacker-Killer" »

A 17-year-old teenager named Lily Burk was found dead in her car in Los Angeles last week. It looked as if she had died from blunt force trauma to the head. Earlier in the day, Burk had gone to Southwestern Law School to pick up some papers for her mother who was a teacher there. On her way home, she called both of her parents separately to ask them how to use her ATM card. They had no idea that she was asking because she was being robbed. Allegedly, Mr. Charlie Samuel, a transient with a history of drug and violent crimes, tried to rob Burk. A struggle ensued inside the car and hours later, Burk's dead body was found inside her black Volvo. Charlie Samuel had been arrested hours before the body had been found for other crimes. He is now being held without bail for the crime of murder.

Burk was an active student at her high school. She was supposed to star in a play at her school and wanted to become a writer in the future.

This is an unfortunate event and Mr. Samuel will need an experienced criminal defense attorney, whether this happened in Los Angeles, Irvine, or Anaheim. The attorney will need to investigate what Mr. Samuel was doing that day, what events occurred, if he in fact robbed Ms. Burk and how she died. A good defense attorney does not concede that his client did the crime. Instead, they look at all available evidence and defenses and craft well researched arguments to adequately defend their client and ensure them a fair trial.

Continue reading "Suspect Being Held For Murder of Los Angeles Teenager" »

Two juveniles, one 17 and one 13, were shot on a street corner after a green car pulled up to where the boys were standing, exchanged words with them, and then opened fire.

The boys were wounded, but survived. The shooters fled the scene. This sounds like a classic gang "hit-up". It goes something like this: Car pulls up in "enemy" territory, window rolls down.

SHOOTER: "Where you from?"
VICTIM: "I ain't from anywhere"
SHOOTER: "F___ YOU!" (shout name of own gang-fire weapon-drive off)

Very likely then, this is a case of a young gangster earning his stripes for his gang. A drive-by comes in many forms. The police and the DA treat most people charged with gang crimes as all the same. That is a mistake. Many of the people involved with gangs know each other from the neighborhood where they grew up. Many join the gang because to avoid doing so means getting beaten up repeatedly, or worse.

Gang police officers spend a lot of time making contact with kids in tough neighborhoods. They document their contacts through "F.I.", or field interview, cards, recording date and time of contact, nature of the contact and any statements or admissions by the suspected gang member. After a few contacts the alleged member will get "stepped", meaning the police will advise him that in their opinion he is a gang member and could be charged with a variety of crimes that are gang-related, in the future. These FI cards and STEP notices are used by the DA in their prosecution of suspected gang members.

An experienced Orange County criminal defense attorney who handles gang cases will look to distinguish his client from the gang and look to see if law enforcement had already decided that the suspect was a gang member even before the incident, thus carrying a bias against that person.

In Orange County, whether in Fullerton, Westminster, Garden Grove, Santa Ana or Tustin, a conviction for conduct such as this can sometimes carry a life term in prison.

Continue reading "Santa Ana Gang Shooting Leaves Two Wounded" »

Over twenty years after the strangulation of an Orange County woman by her alarm clock cord, Wendell Lemond was convicted of murder. On August 5, 1985, Lemond went into the then 20-year-old, Catherine Tameny's apartment and strangled her and tied her two year old son up with electrical tape. The motive was unclear but authorities think there might have been a sexual assault or rape before the killing. The suspect was unknown at the time, but through DNA evidence, Lemond was found to be the suspect and was arrested in July 2007. Lemond likely faces 25 years for the murder he committed.

DNA evidence has just recently began appearing in courtrooms. Over the last 20 years, the forensic science field has grown tremendously and DNA evidence has been a huge tool used to solve unsolved murder cases. It is a testament to the importance of the field that DNA collected from the body of the victim 24 years ago was able to be tested and the suspect was found, charged and convicted.

Continue reading "Conviction In Strangulation Murder of Orange County Woman" »

Orange County jurors listening to a murder for hire plot will decide whether 58 year old Sandra Jessee conspired with her son to kill her husband, who was ailing with cancer.

She allegedly gave the hitman $5,000.00 in a Placentia parking lot a year earlier with a total payment of $50,000.00. The hitman has since plead guilty to voluntary manslaughter and has cooperated with prosecutors.

It will be interesting to note whether and how the alleged hitman testified at trial. If his credibility was called into question, jurors would have to decide what weight to give his version of events and might even toss out whatever version he offered. If they did that, it would be devastating to the prosecution. If they believed him, the defense would have a hard time overcoming that version of events.

A skilled defense attorney doesn't wait for the facts to come to him. He develops them out of the discovery he's given, the investigation he does, and the arguments he crafts from all his preparation.

An experienced Orange County criminal lawyer knows that most trials don't come out the way the prosecution intends them. Witnesses fold up like a lawn chair on the stand, or they take a powder and never show up at all. We'll see what the jury says when they return a verdict.

Continue reading "Orange County Murder For Hire Goes To Jury " »

Recently I wrote about Supermarket mogul George Torres trial. (See post here). I was suprised to see this story in The L.A. Times that reported that Torres was set free in his case after prosecutors failed to turn over recordings with possible exculpatory information regarding an informant who testified for the prosecution at trial. Tuesday, the Judge granted the Defendant’s Motion to Dismiss based on a constitutional violation—Torres claimed that he was unable to assert his constitutional right to confront his accusers when the government didn’t divulge that exculpatory information existed.

Torres still faces sentencing on lesser convictions but this ruling appears to significantly limit his exposure to prison time. Torres was facing murder and racketeering charges.

U.S. v. Brady is the Supreme Court case that controls this sort of prosecutorial misconduct. In Brady, the prosecution had withheld from a criminal defendant a confession by a co-defendant in his murder trial. The defendant challenged his conviction, arguing the prosecution jeopardized his Due Process rights. The Supreme Court found that withholding evidence violates due process "where the evidence is material either to guilt or to punishment” and as a result of the ruling, prosecutors are required to affirmatively notify defendants and their attorneys whenever a law enforcement official involved in their case have a record for knowingly lying in an official capacity.

Continue reading "Judge dismisses supermarket mogul's racketeering convictions" »

Phil Spector's six years in Los Angeles County's justice system, that started with an arrest for shooting a actress Lana Clarkson in 2003 will conclude Friday morning when he is sentenced to prison for murder. Los Angeles Superior Court Judge Larry Paul Fidler, who presided over the music producer's two trials, has little discretion in punishing Spector, for the shooting-- a death that jurors decided last month was second-degree murder.

The conviction carries a mandatory 15 years to life in prison, so the judge's only choice will be whether to add on three, four or 10 more years to the minimum sentence for the use of a firearm. The music producer also could get three, four or 10 additional years for using a firearm in the killing that occurred at his Alhambra mansion in 2003.

Spector has been in jail since his April 13 conviction and has vowed to appeal his conviction. This appeal is likely to raise issues regarding the trial admissibility of testimony from five women who said Spector menaced them with guns in a manner that prosecutors said were similar to the circumstances of Clarkson's death in the foyer of his Alhambra mansion—sometimes called “prior bad act” evidence.

Continue reading "Phil Spector to be sentenced tomorrow to at least 15 years in prison" »

Thursday’s gang bust in Hawaiian Gardens involving 1400 local, state and federal agents resulted in 147 arrests for alleged racially-motivated crimes against African Americans. The L.A. Times is reporting that Operation Knock Out targeted associates of the Varrio Hawaiian Gardens gang (VHG) who were so pervasive in that community that one in 15 people living in the square-mile city just north of Long Beach has ties to it.

In its 193-page indictment outlining the racketeering case, federal authorities accuse the south Los Angeles County street gang of a litany of crimes, including the murder of a sheriff's deputy and racially motivated attacks designed to drive African Americans from their town. The indictments included charges for murder, attempted murder, drug trafficking, weapons trafficking, extortion, kidnapping and witness intimidation. The gang members, allegedly boasted about being racist, referring to themselves as "the Hate Gang.” The document also details more than a dozen incidents where African Americans were allegedly beaten, shot at or harassed because of their race.

Authorities say that the gang was formed in the 1950s or early '60s and has more than 1,000 members today--spanning several generations, with many connections to the Mexican Mafia.

In cases as large as this, it is expected that many of the smaller gang players will flip --or decide to testify for the prosecution--in order to implicate larger players and score a better plea bargain for themselves.

Continue reading "Massive Los Angeles criminal bust results in 147 arrests for murder, drug trafficking and racketeering in Hawaiian Gardens" »

The Los Angeles Times has posted breaking news in the George Torres case. On Monday, Torres, an entrepreneur who built the multimillion-dollar Numero Uno grocery store chain, was convicted by a jury of racketeering, solicitation of murder, bribery in federal court.

In the trial, he U.S Attorney’s Office argued that Torres hired illegal immigrants at his stores, bribed a Los Angeles City planning commissioner and arranged to have people killed. The prosecution relied heavily on the testimony of two former Torres associates--both convicted drug dealers serving lengthy federal prison sentences who were cooperating with authorities in hopes of having the sentences reduced. Despite credibility issues with the prosecution's star witnesses, jurors ultimately concluded that Torres arranged for the murder of a local gang member who tried to extort protection money. The man, Jose "Shorty" Maldonado was fatally shot as he walked with his girlfriend near Torres' main market in 1994.

Torres’ legal team plans on asking the Judge for a judgment notwithstanding the verdict—or that despite the verdict, the government had not met its burden of proof. This post-trial hearing is set for June 1. He faces life in prison.

Continue reading "L.A. supermarket chain owner guilty of bribery, racketeering, soliciting murder " »

The Orange County District Attorney's Office has obtained a grand jury indictment against a 20-year-old woman accused of killing another young woman while driving drunk.

According to reports, in the early morning of February 1st, Brittney Schuetz was driving between 90 and 100 mph on Imperial Highway when she failed to stop at a red light and collided with April Whang's Acura Integra. According to reports, La Habra police found Schuetz sitting in the driver's seat showing signs of intoxication, including giving off a strong odor of alcohol, having bloodshot eyes and watery eyes. Schuetz is accused of driving with a blood-alcohol content of 0.24 percent, three times the legal limit, while on probation from a 2007 driving-under-the-influence conviction.

Following the February 1st crash, the District Attorney's Office charged the Santa Ana woman by felony complaint with one count of Murder. Yesterday's grand jury indictment will allow prosecutors the opportunity to bring the case to trial more quickly by skipping a preliminary hearing. Preliminary hearings are usually after the arraignment, and is a preliminary determination where the judge decides whether there is enough evidence to force the defendant to stand trial. Defendant's are not entitled to a preliminary hearing if the grand jury passes down an indictment.

At the preliminary hearing, the judge makes determination whether the state has a case using the probable cause standard--which is much lower than the state's burden at trial which is to prove their case beyond a reasonable doubt. Preliminary hearings are important to a defense for many reasons. For one, it gives the defense an opportunity to cross examine the state's witnesses on the record which could be a great tool to use against them at trial. Second, if probable cause is not found, a judge can release the defendant who is held with no bond.

Continue reading "Grand jury indictment added to murder charge in Orange County DUI case" »

The New York Times is reporting that last week an eight-week federal drug trial in Florida was jeopardized when the jurors admitted to the judge that they had been doing independent research throughout the trial on their cell phones. This is a direct violation of the instructions any jury receives--including Orange County juries--and as a result a mistrial was announced.

Use of BlackBerrys and iPhones by jurors gathering and sending out information about cases is an epidemic in courtrooms throughout the country, causing mistrials and frustrating judges and attorneys. For example, last week, a building company asked an Arkansas court to overturn a $12.6 million judgment, claiming that a juror used Twitter to send updates during the trial.

In trial, jurors are not supposed to seek information outside of the courtroom and are instructed to only base their verdict on facts presented to them in trial- and never, under any circumstance seek out additional evidence on their own.

These reports are unsettling as it calls into question a Los Angeles defendant’s constitutional right to a fair trial on every case regardless of whether it is a DUI or a murder case. At some point, I could see judges confiscating cell phones while jurors are serving on a panel. However, technology does have a silver lining for trial attorneys. Now more than ever, attorneys can find out more information about potential jurors and their opponent's witnesses as a result of social networking sites like Facebook and MySpace.

Continue reading "Fair trials in Los Angeles murder cases could be jeopardized by iPhone, BlackBerry " »

The Orange County Register reports that during the four-plus years that the Tom and Jackie Hawks murder case was in the Orange County criminal courts, their boat, the “Well Deserved” was preserved as evidence – perhaps the largest single item ever saved in an Orange County criminal case.

In 2004 the Hawks were lured to sea by Skylar Deleon in an elaborate murder scheme to steal the yacht. The District Attorney’s case claimed that somewhere near Catalina, Deleon and accomplice John F. Kennedy subdued Thomas Hawks below deck with the help of a Taser gun while co-conspirator Alonso Machain grabbed Jackie Hawks in the galley and bound, blindfolded, gagged the couple as they were forced to sign sales documents. Then they were tied to a 55-pound anchor and thrown overboard.

Deleon and Kennedy were tried separately and convicted of two counts of first-degree murder and are awaiting possible death sentences later this month. Machain, cooperated with prosecutors and testified against the others in exchange for escaping a potential death sentence. He is expected to plead guilty and is looking at a life term in prison.

With all the trials over, the Well Deserved is no longer needed as evidence and it will soon be released to the Hawks’ sons Ryan and Matt. The long range plan, Ryan Hawks has said, is to sell the yacht — not because of what happened to their parents aboard it, but because they are not at a point in their lives where they can afford or maintain the yacht.

Continue reading "Yacht targeted in OC murder scheme to be released " »

Jose Anthony Verduzco was found guilty of killing the lover of his longtime girlfriend and plotting out the act beforehand. According to the Orange County Register, the Orange man looked straight ahead as the guilty verdict was read.

The District Attorney's Office argued to the jury that Verduzco planned, confronted, shot and killed Miguel Angel Jimenez in the driveway outside Verduzco's home in November, 2005. Conversely, throughout the trial, the defense maintained that Verduzco shot Jimenez in "the heat of passion"-- a defense commonly-raised in first degree murder cases. The murder in this case occurred one week after Verduzco discovered that the girlfriend he had for 24 years was having an affair with Jimenez.

The jury apparently thought that a week was too much time for Verduzco to be so caught up in his anger so as not to be able to control his actions--which could warrant a conviction for a lesser charge. Instead the jury found that the killing was intentional and calculated, which justified a first degree murder conviction. Verduzco will be sentenced on April 1 and faces 50 years to life in state prison.

Continue reading "ORANGE COUNTY CRIMINAL DEFENSE UPDATE: Man found guilty in Orange murder trial" »

The Los Angeles Times is reporting that a festive Christmas Eve party took a terrible turn for a Covina family. The Times reports that a man dressed in a Santa suit opened fire at his ex-wife’s Christmas Eve party and then set the house ablaze. Authorities believe that eight people are dead as well as the alleged shooter, who was later found dead of a gunshot wound.

The alleged shooter’s former wife and her parents are believed to be among the dead. Authorities said that the bodies found in the house were so badly burned that dental records would be needed for identification. It was thought to be the worst single killing spree in the county this year. Overall, homicides have remained at relatively low levels compared to previous years.

Continue reading "Melrose Man in Santa suit goes on killing spree at Covina Christmas Party" »

Two juvenile Santa Ana gang members were arrested in the murder of a 13-year-old boy who was gunned down Wednesday while crossing the street with a group of friends near Santa Ana High School. H.G Reza and Tony Barboza of the Los Angeles Times report that the suspects are 16 and 18 and affiliated with a local street gang.

Santa Ana has had an increase in gang shootings this year. Allegedly the 13 year-old vicitm, who did not attend the school, was crossing the street with friends when another group of teenagers approached him and demanded to know his gang affiliation. When he did not answer, he was shot multiple times in the upper torso and was ponounced dead a few hours later.

Continue reading "Juveniles arrested in murder of Santa Ana Boy" »